WQCS00179_DV-2022-0086 Case File_20220815

DIVISION OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT
Violator: Franklin County Public Utilities
Facility Name: Franklin County Collection System
Permit Number: WOCS00179
County: Franklin
Case Number: DV-2022-0086
ASSESSMENT FACTORS
1) The degree and extent of harm to the natural resources of the State, to the public health, or to private
property resulting from the violation;
13,200 gallons overflowed from Youngsville Regional Pump Station due to severe natural conditions. 11,000 gallons
reached an UT to Richland Creek, a class C-NSW in the Neuse River Basin. Nutrients and pathogens to surface waters.
2) The duration and gravity of the violation;
The SSO started on 03.17.2022 at 6:30 am and ended the same day at 12:00 pm.
3) The effect on ground or surface water quantity or quality or on air quality;
„J to. c/L`4A-
1
The effect on surface water quality include increased nutrients and pat ogenskrwt
4) The cost of rectifying the damage;
The cost of rectifying the damage is not given.
5) The amount of money saved by noncompliance;
It is believed that no money was saved by the noncompliance.
6) Whether the violation was committed willfully or intentionally;
It does not appear that the violation was committed willfully or intentionally.
7) The prior record of the violator in complying or failing to comply with programs over which the
Environmental Management Commission has regulatory authority;
There have been two enforcements within the past 12 months.
8) The cost to the State of the enforcement procedures.
$36.57
Date
Scot Vinson, Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
Certified Mail # 7020 3160 0000 4109 6357
Return Receipt Requested
Christopher Doherty, Director Public Utilities
Franklin County Public Utilities
1630 U S Hwy 1
Youngsville, NC 27596-9661
NORTH CAROLINA
Environmental Quality
August 15, 2022
SUBJECT: Notice of Violation and Assessment of Civil Penalty
for Violations of North Carolina General Statute (G.S.) 143-215.1(a)(1)
and Collection System Permit No. WQCS00179
Franklin County Public Utilities
Franklin County Collection System
Case No. DV-2022-0086
Franklin County
Dear Mr. Doherty:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $786.57 ($750.00 civil penalty •
$36.57 enforcement costs) against Franklin County Public Utilities.
This assessment is based upon the following facts: a review has been conducted of the Sanitary Sewer Overflow (SSO)
5-Day Report submitted by Franklin County Public Utilities. This review has shown the subject facility to be in violation of
the requirements found in Collection System Permit No. WQCS00179 and G.S. 143-215.1(a)(1). The violation(s) that
occurred are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that Franklin County Public Utilities violated the terms, conditions
or requirements of Collection System Permit No. WQCS00179 and G.S. 143-215.1(a)(1) in the manner and extent shown in
Attachment A. In accordance with the maximums established by G.S. 143-215.6A(a)(2), a civil penalty may be assessed
against any person who violates the terms, conditions or requirements of a permit required by G.S. 143-215.1(a).
,I1E,9'.)
North Carolina Department of EnvirmvnentaI Quality I Division of Water Resources
Raleigh Regional Office 3800 Barrett Drive Raleigh. North Carolina 27609
919.7914200

Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the
Secretary of the Department of Environmental Quality and the Director of the Division of Water Resources, I, Scott
Vinson, Regional Supervisor, Raleigh Regional Office hereby make the following civil penalty assessment against
Franklin County Public Utilities:
$750.00 For 1 of the 1 violations of Collection System Permit No. WQCS00179 and G.S. 143-215.1(a)(1) for
Sanitary Sewer Overflow(s) resulting in a discharge without a valid permit.
$750.00 TOTAL CIVIL PENALTY
$36.57 Enforcement Costs
$786.57 TOTAL AMOUNT DUE
Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into account the Findings of Fact and
Conclusions of Law and the factors set forth at G.S. 143B-282.1(b), which are:
(I) The degree and extent of harm to the natural resources of the State, to the public health, or to private property
resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs over which the Environmental
Management Commission has regulatory authority; and
(8) The cost to the State of the enforcement procedures.
Within thirty (30) days of receipt of this notice, you must do one of the following:
(1)
(2)
(3)
Submit payment of the penalty, OR
Submit a written request for remission, OR
Submit a written request for an administrative hearing
Option 1: Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environmental Quality (do not include waiver
form). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s).
Please submit payment to the attention of:
Attn: PERCS Branch
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617

Option 2: Submit a written request for remission or mitigation including a detailed justification for such
request:
Please be aware that a request for remission is limited to consideration of the five factors listed below as they may
relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper
procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in
the civil penalty assessment document. Because a remission request forecloses the option of an administrative hearing,
such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation and
agreement that no factual or legal issues are in dispute. Please prepare a detailed statement that establishes why you
believe the civil penalty should be remitted and submit it to the Division of Water Resources at the address listed below.
In determining whether a remission request will be approved, the following factors shall be considered:
(1) whether one or more of the civil penalty assessment factors in NCGS 143B-282.1(b) was wrongfully
applied to the detriment of the petitioner;
(2) whether the violator promptly abated continuing environmental damage resulting from the violation;
(3) whether the violation was inadvertent or a result of an accident;
(4) whether the violator had been assessed civil penalties for any previous violations; or
(5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions.
Please note that all evidence presented in support of your request for remission must be submitted in writing. The
Director of the Division of Water Resources will review your evidence and inform you of his decision in the matter of
your remission request. The response will provide details regarding the case status, directions for payment, and
provision for further appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty
Remissions (Committee). Please be advised that the Committee cannot consider information that was not part of the
original remission request considered by the Director. Therefore, it is very important that you prepare a complete and
thorough statement in support of your request for remission.
In order to guest remission, you must complete and submit the enclosed "Request for Remission of Civil Penalties,
Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form within thirty (30 days of receipt of thit
notice. The Division of Water Resources also requests that you complete and submit the inclosed "Justification for
Remission Request."
Both forms should be submitted to the following address:
Attn: PERCS Branch
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
AND
Scott Vinson, Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ
1628 Mail Service Center, Raleigh
Raleigh, NC 27699-1628

Option 3: File a petition for an administrative hearing with the Office of Administrative Hearings:
If you wish to contest any statement in the attached assessment document, you must file a petition for an administrative
hearing. You may obtain the petition form from the Office of Administrative Hearings. You must file the petition with
the Office of Administrative Hearings within thirty (30) days of receipt of this notice. A petition is considered filed
when it is received in the Office of Administrative Hearings during normal office hours. The Office of Administrative
Hearings accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for official state
holidays. The petition may be filed by facsimile (fax) or electronic mail by an attached file (with restrictions) - provided
the signed original, one (1) copy and a filing fee (if a filing fee is required by NCGS § 150B-23.2) is received in the
Office of Administrative Hearings within seven (7) business days following the faxed or electronic transmission. You
should contact the Office of Administrative Hearings with all questions regarding the filing fee and/or the details of the
filing process.
The mailing address and telephone and fax numbers for the Office of Administrative Hearings are as follows:
6714 Mail Service Center
Raleigh, NC 27699 6714
Tel: [phone]
Fax: [phone]
One (1) copy of the petition must also be served on DEQ as follows:
Mr. William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, North Carolina 27699-1601
Please indicate the case number (as found on page one of this letter) on the petition.
Failure to exercise one of the options above within thirty (30) days of receipt of this letter, as evidenced by an internal
date/time received stamp (not a postmark), will result in this matter being referred to the Attorney General's Office for
collection of the penalty through a civil action. Please be advised that additional penalties may be assessed for violations
that occur after the review period of this assessment.
If you have any questions, please contact Mitchell Hayes with the Division of Water Resources staff of the Raleigh
Regional Office at (919) 79I-4200 or via email at [e-mail].
Sincerely,
Scott Vinson, Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ
ATTACHMENTS
Cc: WQS Raleigh Regional Office - Enforcement File
Laserfiche

JUSTIFICATION FOR REMISSION REQUEST
Case Number: DV-2022-0086
Assessed Party: Franklin County Public Utilities
Permit No.: WQCS00179
County: Franklin
Amount Assessed: $786.57
Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission,
Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form to request remission of this civil penalty.
You should attach any documents that you believe support your request and are necessary for the Director to consider in
evaluating your request for remission. Please be aware that a request for remission is limited to consideration of the five
factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting
remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual
statements contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 143B-282.1(c), remission of a civil
penalty may be granted only when one or more of the following five factors apply. Please check each factor that you
believe applies to your case and provide a detailed explanation, including copies of supporting documents, as to why the
factor applies (attach additional pages as needed).
(a) one or more of the civil penalty assessment factors in N.C.G.S. 143B-282.1(b) were wrongfully applied to the
detriment of the petitioner (the assessment factors are listed in the civil penalty assessment document);
(b) the violator promptly abated continuing environmental damage resulting from the violation (i.e., explain the
steps that you took to correct the violation and prevent future occurrences);
(c) the violation was inadvertent or a result of an accident (i.e., explain why the violation was unavoidable or
something you could not prevent or prepare for);
(d) the violator had not been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions (i.e., explain
how payment of the civil penalty will prevent you from performing the activities necessary to achieve
compliance).
EXPLANATION:

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
COUNTY OF FRANKLIN
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST
Franklin County Public Utilities
Franklin County Collection System
PERMIT NO. WQCS00179
WAIVER OF RIGHT TO AN
ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
CASE NO. DV-2022-0086
Having been assessed civil penalties totaling $786.57 for violation(s) as set forth in the assessment document of the Division
of Water Resources dated August 15, 2022, the undersigned, desiring to seek remission of the civil penalty, does hereby
waive the right to an administrative hearing in the above -stated matter and does stipulate that the facts are as alleged in the
assessment document. The undersigned further understands that all evidence presented in support of remission of this civil
penalty must be submitted to the Director of the Division of Water Resources within thirty (30) days of receipt of the notice
of assessment. No new evidence in support of a remission request will be allowed after (30) days from the receipt of the
notice of assessment.
This the day of , 20
SIGNATURE
ADDRESS
TELEPHONE

ATTACHMENT A
Franklin County Public Utilities
CASE NUMBER: DV-2022-0086
PERMIT NO: WQCS00179
FACILITY: Franklin County Collection System
Other Violations
INCIDENT VIOLATION
NUMBER DATE VIOLATION TYPE
REGION: Raleigh
COUNTY: Franklin
VIOLATION DESCRIPTION
TOTAL VOLUME PENALTY
(GALLONS) AMOUNT
202200419 3/17/2022 CSOISSO(Sewer Overflow) Discharge without valid permit 13,200 $750.00

ii&F nklin
1
ism. ounty
NORTH CAROLINA
A Research Triangle Region Community
May 2, 2022
Scott Vinson, Regional Supervisor
Division of Water Resources
Raleigh Regional Office
3800 Barrett Road
Raleigh, NC 27609
RE: NOV-2022-DV-0104
Permit Number: WQCS00179
Dear Mr. Vinson,
Public Utilities
1630US1N
Youngsville, NC 27596
Phone: [phone]
www.fcpu,us
Franklin County Public Utilities is in receipt of MOV-2022-DV-0104 dated April 18, 2022. Events that led
to this sanitary sewer overflow was heavy rain. This area received three inches of rain in a time span of
less that 4 hours.
Franklin County Public Utilities has in the capital improvement plan for FY 23 a project to design a larger
force main that discharges the pump station where the overflow occurred. Franklin County is confident
that this project will greatly lessen the chance of future SSO's occurring within the system.
if you have any further questions, please contact our offices at 919-556-6177.
Regards,
ilillrYr
%1114-1-.
• . e • ohe
Public Utilities Director

ROY COOPER
Governor
ELIZABEfH S. BISER
sinewy
RICHARD E ROGERS,)R.
Director
Certified Mall # 7020 3160 0000 4109 5602
Christopher Doherty, Director Public Utilities
Franklin County Public Utilities
1630 U S Hwy 1
Youngsvllle, NC 27596-9661
NOA
RTH
April 18, 2022
SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY
Traddng No.: NOV-2022-DV-0104
Sanitary Sewer overflows - March 2022
Collection System Permit No. WQCS00179
Franklin County Collection System
Franklin County
Dear Mr. Doherty:
A review has been conducted of the self -reported Sanitary Sewer Overflows (SSO's) 5-Day Reports submitted by
Franklin County Public Utilities. The Division's Raleigh Regional Office condudes that the Franklin County Public
Utilities violated Permit Condition I (2) of Permit No. WQCS00179 by failing to effectively manage, maintain, and
operate their collection system so that there is no SSO (Sanitary Sewer Overflow) to the land or surface waters
and the SSO constituted making an outlet to waters of the State for purposes of G.S. 143-215.1(a)(1), for which
a permit is required by G.S. 143-215.1.
The Raleigh Regional Office is providing the Franklin County Public Utilities an opportunity to provide evidence and
justification as to why the Franklin County Public Utilities should not be assessed a dvil penalty for the violation(s)
that are summarized below:
Inddent Start Duration
Number Date (Mlns) Location
Cause
Total Vol
Total Surface
Vol Water
(Gals) (Gals) DWR Action
202200419 3/17/2022 330 Youngsville Regional Severe Natural 13,200 11,000 Notice of Violation -
Pump Station Condition Notice of Intent
WWI Careen. o.oirtment Envlionenmrd Quay I Madan al%/bar Ramon
ROW Realandallot 43100linen Drive RielpkNorth e eai.rRiM
919.19$A:00

This Notice of Violation / Notice of Intent to Enforce (NOV/NOI) is being issued for the noted violation. Pursuant
to G.S. 143-215.6A, a cvil penalty of not more than twenty-five thousand dollars ($25,000.00) may be assessed
against any person who violates or fails to act in accordance with the terms, conditions, or requirements of any
permit issued pursuant to G.S. 143-215.1.
This office requests that you respond to this Notice, in writing, within 10 business days of its
receipt. In your response, you should address the causes of non-compliance, remedial actions, and all other
actions taken to prevent the recurrence of similar situations. The response to this correspondence will be
considered in this process. Enforcement decisions will also be based on volume spilled, volume reaching surface
waters, duration and gravity, impacts to public health, fish kills or recreational area closures. Other factors
considered in determining the amount of the civil penalty are the violator's history of non-compliance, the cost of
rectifying the damage, whether the spill was intentional and whether money was saved by non-compliance.
If you have any questions, please do not hesitate to contact Mitchell Hayes with the Water Quality Section in
the Raleigh Regional Office at 919-791-4200 or via email at [e-mail].
Sincerely,
Scott Vinson, Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ
Cc: Raleigh Regional Office - WQS File
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"-Related Permits rcs Details Comments
Details 1 r Details 2 Billing
Permit
QCS00179 J
History rinspections
r ClassJDesig_
Incidents En of rcements Violations
Events
Version: ,3.0
Permit Type: Collection system management and operation
Permtt Classification:
Program Category:
Fadlity:
Owner.
Issued:
Effective:
Expire:
SOC:
Last Updated By:
J
individual
Non -discharge
Reg. ActMties r-
Status:
Affiliations
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Primary Related Permit
Franidin County Collection System
Details...
Franklin County Public Utilities
Dgtalls__.
11121/2017
06f0112018
05/3112028
— Dates —
Orig Issued:
Statutory:
Inactive:
Details
08/22/2005
02/05/2018
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Admin Region: 'Raleigh
County:
Project Type:
r❑ Major Permit
❑ Has Subsurface Drains
Franklin
Renewal
0 New Farm 0 Existing Farm
Irac
Farm #:
❑ Innovative Avail. Acres:
❑ Rainbreaker Device
❑ OIC Present
Last Updated On:
8/1/2018 1:13 AM

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1. Mob Addreaaed toe
L.hristopher Doherty, Dir. Pub. Utility
Franklij County Public Utilities
1630 Hwy
Young • ;le, NC 27596-9661
Franklin unty Collection System
NOV-202-DV-0104 WQCS00179 SV
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Franklin County Public Utilities
1630 US Hwy 1
Youngsville, NC 27596-9661
Franklin County Collection System
NOV-2022-DV-0104 WQCS00179 SV
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DWR
Division of Water Resources
State of North Carolina
Department of Environment and Natural Resources
Division of Water Resources
Collection System Sanitary Sewer Overflow Reporting Form
Form CS-SSO
PART I:
This form shall be submitted to the appropriate DWQ Regional Office within five business days of the first knowledge of the
sanitary sewer overflow (SSO).
Permit Number: WQCS00179 (WQCS# if active, otherwise use WQCSD#)
Facility: Franklin County Collection System
Owner: Franklin County Public Utilities
City: Youngsville
Source of SSO (check applicable):
County: Franklin Region: Raleigh
0 Sanitary Sewer ❑ Pump Station / Lift Station
Incident #: 202200419
SPECIFIC location of the SSO (be consistent in description from past reports or documentation - i.e. Pump Station 6,
Manhole at Westall & Bragg Street, etc): Youngsville Regional Pump Station
Manhole #:
Latitude (Decimal Degrees):
Incident Started Dt: 03/17/2022 Time:
(mm-dd-yyyy)
Estimated Volume of the SSO: 13,200
Longitude (Decimal Degrees):
6:30 am Incident End Dt: 03/17/2022 Time: 12:00 pm
(hh:mm AM/PM)
(mm-dd-yyyy) (hh:mm AM/PM)
gallons Estimated Duration (Round to nearest hour): 5:30 hours
Describe how the volume was determined: flow and 5 gallon bucket
Weather conditions during the SSO event: heavy rain
Did SSO reach surface waters? [l Yes ❑ No ❑ Unknown
Surface water name: Richland Creek
Volume reaching surface waters (gals): 11000
Did the SSO result in a fish kill? Yes [1No ❑ Unknown If Yes, what is the estimated number of fish killed? 0
SPECIFIC cause(s) of the SSO:
Severe Natural Con(
24 hour verbal notification (name of person contacted ): Colleen Cohn
DWR ❑ Emergency Mgmt Date (mm-dd-yyy): 03/18/2022
Time (hh:mm AM/PM): 08:14:00 am
If an SSO is ongoing, please notify the appropriate Regional Office on a daily basis until SSO can be stopped.
Per G.S. 143-215.1C(b), the responsible party of a discharge of 1,000 or more of untreated wastewater to surface waters
shall issue a press release within 24-hours of first knowledge to all print and electronic news media providing general
coverage in the county where the discharge occurred. When 15,000 gallons or more of untreated wastewater enters surface
waters, a public notice shall be published within 10 days and proof of publication shall be provided to the Division within 30
days. Refer to the reference statute for further detail.
The Director, Division of Water Resources, may take enforcement action for SSOs that are required to be reported to
Division unless it is demonstrated that:
1) the discharge was cause by sever natural conditions and there were no feasible alternative to the discharge; or
2) the discharge was exceptional, unintentional, temporary and caused by factors beyond the reasonable control of the
Permittee and/or owner, and the discharge could not have been prevented by the exercise of reasonable control.
Part II must be completed to provide a justification claim for either of the above situations. This information will be the basis
WHETHER OR NOT PART Ill IS COMPLETED, A SIGNATURE IS REQUIRED AT THE END OF THIS FORM
Page: 1
S-SSO Form

PART II:
ANSWER THE FOLLOWING QUESTIONS FOR EACH RELATED CAUSE CHECKED IN PART I OF THIS FORM AND
INCLUDE THE APPROPRIATE DOCUMENTATION AS REQUIRED OR DESIRED
COMPLETE ONLY THOSE SECTONS PERTAINING TO THE CAUSE OF THE SSO AS CHECKED IN PART I
(In the check boxes below, NA = Not Applicable and NE = Not Evaluated)
A HARDCOPY OF THIS FORM SHOULD BE SUBMITTED TO THE APPROPRIATE DWR REGIONAL OFFICE UNLESS IS
Severe Natural Condition
Describe the "severe natural condition" in detail?
Heavy rain from early morning on 3-17-22 that lasted until approximately 11:00 AM
How much advance warning did you have and what actions were taken in preparatio
for the event?
none
Comments:
System Visitation
ORC RI Yes
Backup ❑ Yes
Name:
pavton proctor
Cert#
999734
Date visited:
03/17/2022
Time visited:
06:30 AM
How was the SSO remediated (i.e. Stopped and cleaned up)?
once flow stopped staff cleaned debris and Timed area
As a representative for the responsible party, I certify that the information contained in this report is true and accurate to the
best of my knowledge.
Person submitting claim: Christopher Doherty Date: 03/23/22 07:34 am
Signature: Title: Director Public Utilites
Telephone Number:
any addition information desired to be submitted should be sent to the appropriate Division Regional Office within five days of t
cnowledge of the SSO with reference to the incident number (the incident number is only generated when electronic entry of th
orm is completed, if used).
::S-SSO Form Page: 2