WQCS00179_More Information (Received)_20220829

/akFj_a nklin Public Utilities
41630US1N
,— ounty Youngsville, NC 27596
s07�c =.o_:: Phone: [phone]
A Research Triangle Region Community www.fcpu.us
August 26, 2022
PERCS Branch
Division of Water Resources RECEIVED
CEIVED
1617 Mail Services Center a v L..
Raleigh, NC 27699-1617 AUG 2 9 2022
Scott Vinson, Regional Supervisor
Water Quality Regional Operations Section NCDEQIDWRINPDES
Raleigh Regional Office
Division of Water Resources, NCDEQ
3800 Barrett Drive
Raleigh, NC 27609
RE: Case No. DV-2022-0086
Dear Mr. Vinson,
Franklin County Public Utilities is in receipt of the Notice of Violation and Assessment of Civil Penalty
dated August 15, 2022. The NOV was received by my office on August 22, 2022.
Franklin County Public Utilities is requesting the remission of the fine of$786.57 ($750.00 civil penalty &
$36.57 enforcement costs). Reasons are below and the required paperwork is attached.
On March 17, 2022, at 6:00 AM FCPU staff noticed overflowing untreated wastewater
flowing from the 2'd upstream manholes to the Youngsville Regional pump station. The
overflow condition stopped at 12:00 PMJ FCPU staff called NC Division of Water
Resources on March 18, 2022, at 8:14 AM to report the overflow and we spoke with
Colleen Cohn. The site was visited by the ORC of the collection system on March 17,
2022, at 6:30 AM. The reason of the overflow condition was unusual heavy rain (over
4"). We monitor the weather daily, but this event spun up in our area. The daily weather
did not forecast this type of weather on the day of the event. Once the overflow condition
stopped, FCPU staff cleaned the area of any debris/solids and put lime down to
neutralize the pH.
If you require any further information, please contact my office, and speak with Payton Proctor.
Regards
dalli!jr.N110
e ohe
Public Utilities Director
CC: Payton Proctor, Superintendent Collections System
Mitch Hayes, NCDEQ Division of Water Resources
attachments

JUSTIFICATION FOR REMISSION REQUEST
.:ase Number: DV-2022-0086 County: Franklin
Assessed Party: Franklin County Public Utilities
Permit No.: WQCS00179 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);
x (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);
l —X (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:
5 E Cd'J Ge_ E. 2.