WQCS00173_NOV-2022-DV-0233_20220818

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
Cgrtifed # 7020 3160 0000 4109 0058
Return Receipt Reauested
Justine Jones, Town Manager
Town of Kenly
207 West Second Street
Kenly, NC 27542
NORTH CAROLINA
Environmental Quality
August 18, 2022
SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY
Tracking No.: NOV-2022-DV-0233
Sanitary Sewer Overflows - July 2022
Collection System Permit No. WQCS00173
Kenly Collection System
Johnston County
Dear Ms. Jones:
A review has been conducted of the self -reported Sanitary Sewer Overflows (SSO's) 5-Day Report/s submitted by
Town of Kenly. The Division's Raleigh Regional Office concludes that the Town of Kenly violated Permit Condition I
(2) of Permit No. WQCS00173 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 Town of Keniy an opportunity to provide evidence and justification as
to why the Town of Kenly should not be assessed a civil penalty for the violation(s) that are summarized below:
Total Vol
Total Surface
Incident Start Duration Vol Water
Number Date (Mins) Location Cause (Gals) (Gals) DWR Action
202201128 7/16/2022 330 94-526 Richardson Dr, Pipe Failure (Break) 2,500 undetermined Notice of Violation
Kenly, NC, 27542
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 civil penalty of not more than twenty-five thousand dollars ($25,000.00) may be assessed
North Carolina Department of Environmental Quay ! oirblon of Water Resource,
Weigh Regional Olfloe 13W00 Wont Drtre Raleigh North Carolina 21609
919.791,4200

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
Laserfiche
North Carolina Deportment of Emammemr Quality I Divtalon or Water Resources
Raleigh Regional Office 3500 6amett Drive I Mel" North Carolina 27609
919.791.4200