WQCS00179_Remission Request (DV-2022-0086)_20220908

Franklin
ounty
A Research Triangle Region Community
August 26, 2022
PERCS Branch
Division of Water Resources
1617 Mail Services Center
Raleigh, NC 27699-1617
Scott Vinson, Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ
3800 Barrett Drive
Raleigh, NC 27609
RE: Case No. DV-2022-0086
Dear Mr. Vinson,
Public Utilities
1630 US 1 N
Youngsville, NC 27596
Phone: [phone]
www.fcpu.us
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 2nd upstream manholes to the Youngsville Regional pump station. The
overflow condition stopped at 12:00 PM. 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
dr1R016-41141"
.: 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
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);
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:
S L E c. v C.Z.

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
DUNTY 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 S
ADDRESS
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