WQCS00179_DV-2023-0049_20230317 (2)

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-2023-0049
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;
A total of 14,200 gallons of wastewater overflowed from the Youngsville Regional pump station due to Hurricane Ian.
10,000 gallons of wastewater flowed 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 09.30.2022 at 09:25 pm and ended the same day at 11:45 pm.
3) The effect on ground or surface water quantity or quality or on air quality;
The effect on surface water quality include nutrients and pathogens to surface waters.
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 2 enforcement cases within the past 12 months.
$) The cost to the State of the enforcement procedures.
$95.72
off. 21, Za z i �i .vJ�S.�
Date Scott Vinson, Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ

ROY COOPER
Gover nor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
Certified Mail # 7020 3160 0000 4109 0843
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
March 17, 2023
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-2023-0049
Franklin County
Dear Mr. Doherty:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $595.72 ($500.00 civil penalty
$95.72 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).
Noah CorciliNl Dcpar mcnl of E—iranmenal 0,ualkry I Diviaion of Walcr Roaum s
D Rnlclyh Rey:onul Office JW011.,-o0l Drivc RaSeigh Vortl+C ralina 2'bO9
a+"N/`o 919.791.8200

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:
500.00 For 1 of the 1 violations of Collection System Permit No. WQCS00179 and G.S. 143-215,1(a)(]) for
Sanitary Sewer Overflow(s) resulting in a discharge without a valid permit.
500.00 TOTAL CIVIL PENALTY
95.72 Enforcement Costs
595.72 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.I (b), which are:
(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;
(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) Submit payment of the penalty, OR
(2) Submit a written request for remission, OR
(3) 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 14313-282.1(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 request 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 this
notice. The Division of Water Resources also requests that you complete and submit the enclosed "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 27699-161 7
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 §15013-23.2) 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
dateltime 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 [phone] 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
Laserfiche

JUSTIFICATION FOR REMISSION REQUEST
Case Number: DV-2023-0049 County: Franklin
Assessed Party: Franklin County Public Utilities
Permit No.: WQCS00179 Amount Assessed: $595.72
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. § 14313-282. 1 (c), remission of a civil
penalty maybe 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. 14313-282. 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 fitture 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 yott 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 ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
Franklin County Public Utilities )
Franklin County Collection System )
PERMIT NO. WQCS00179 ) CASE NO. DV-2023-0049
Having been assessed civil penalties totaling $595.72 for violation(s) as set forth in the assessment document of the Division
of Water Resources dated March 17, 2023, 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-2023-0049
PERMIT NO., WOCS00179 REGION: Raleigh
FACILITY: Franklin County Collection System COUNTY: Franklin
Other Violations
INCIDENT
VIOLATION
TOTAL VOLUME
PENALTY
NUMBER
DATE VIOLATION TYPE VIOLATION DESCRIPTION
(GALLONS)
AMOUNT
202201496
9/30/2022 CSO/SSO(Sewer Overflow) Discharge without valid permit
14,200
$500.00
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WAI H CAROLINA
A Research Triangle Regina Community
October 21, 2022
Scott Vinson, Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ
3800 Barrett Drive
Raleigh, NC 27609
RE: NOV-2022-DV-0291
Dear Mr. Vinson,
Public Utilities
1630 U5 #1 Hwy
Youngsville, NC 27596
Phone: [phone]
Fax: [phone]
www.franklincountvnc us
Franklin County Public Utilities is in receipt of the Notice of Violation dated October 10, 2022. The NOV
was received by my office on October 20, 2022.
On September 30, 2022, FCPU experienced heavy rain and wind resulting from Hurricane Ian. At
9:25 pm staff observed an overflow from the second manhole upstream of the Youngsville Regional lift
station. The overflow condition ended at 11:45 pm. FCPU staff called the NC Division of Water
Resources on October 1S' at 11:16 am to report the overflow and spoke with MaryAnn Nicolaysen.
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.
Regards,
(92d S�
Christopher Doherty
Public Utilities Director
Cc: Payton Proctor, Collection System Superintendent
Mitch Hayes, NCDEQ Division of Water Resources
"Equal Opportunity Employer"

EIIZABETH S. BISER
s
RKW,RD E. ROGERS, JR.
D&&IW
Ocfiaber 10, 2022
Christopher Doherty, Director Public Utilities
Franklin County Public Utilities
1630 U S Hwy 1
Youngsville, NC 27596-9661
SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY
Tracking No.: NOV-2022 DV 0291
Sanitary Sewer Overflows - September 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 Report/s submitted by
Franklin County Public Utilities. The Division's Raleigh Regional Office concludes that the Franklin County Public
Utilities violated Permit Condition 1(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 W waters of the State fnr 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 Udllties should not be assessed a civil penalty for the violations)
that are summarized below:
Total Vol
Total Sudwa
Incident Start Duration Vol Water
Number Date (Mina) Location cause (Gals) (Gals) DWR Actlon
202201496 9/30/2022 140 391 SW Railroad St, Inftow and 14,200 10,000 Notice of Violation
Youngsville, NC, 27596 Infiltration, Severe Notice of Intent
!Natural Condition
"WthcW&Wn F - d6nfo m"4af1. 0mamditwRna.oes
fii�w
N1.1 MM

This Notice of Violation / Notice of Intent to Enforce (NOV/NOI) Is being issued for the noted violation. Pursuant
to G.S. 143-21S.6A, a civil penalty of not more than twenty -Ave thousand dollars ($25,000.00) may be assessed
against any person who violates or fails to act in accordance with the terns, conditions, or requirements of any
permit issued pursuant to G.S. 143-215.1.
This office requests that you respond to, this Mono% 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 tD 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 Ofte at 919-791-4200 or via email at [e-mail].
Sincerely,
Scott Vinson, Regional Supervisor
Wader Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ
Cc: Raleigh Regional Office - WQS File
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State of North Carolina
DWR
Department of Environment and Natural Resources
Division of Water Resources
Collection System Sanitary Sewer Overflow Reporting Form
lNvWon of Wider IReaources 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 Incident #: 202201496
Owner: Franklin County Public Utilities
City: Youngsville County: Franklin Region: Raleigh
Source of SSO (check applicable): [r%1 Sanitary Sewer [] Pump Station / Lift Station
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): 391 SW Railroad St, Youn sville, NC, 27596
Manhole #:
Latitude (Decimal Degrees): Longitude (Decimal Degrees):
Incident Started Dt: 09/30/2022 Time: 9:25 pm Incident End Dt: 09/30/2022 Time: 11:45 pm
(mm-dd-yyyy) (hh:mm AM/PM) mm-dd-yyyy (hh:mm AMIPM)
Estimated Volume of the SSO: 14,200 gallons Estimated Duration (Round to nearest hour): 2:20 hours
Describe how the volume was determined: Gal/Min
Weather conditions during the SSO event: Hurricane Ian
Did SSO reach surface waters? 0 Yes ❑ No ❑ Unknown Volume reaching surface waters (gals): 10000
Surface water name: Richland Creek
Did the SSO result in a fish kill? ❑ Yes [ONo ❑ Unknown If Yes, what is the estimated number of fish killed? 0
SPECIFIC cause(s) of the SSO:
[1 Severe Natural Con( 0 Inflow and Infiltration
24 hour verbal notification (name of person contacted ): Marianne Nicholaysen
❑ DWR Q Emergency Mgmt Date (mm-dd-yyy): 10/01/2022 Time (hh:mm AMIPM): 11:16:00 am
If an SSO is ongoing, please notify the appropriate Regional Office on a daily basis until SSO can be stopped.
Per G.S. 143-215.1 C(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 III IS COMPLETED, A SIGNATURE IS REQUIRED AT THE END OF THIS FORM
CS-SSO Form Page: 1

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?
Rain from Hurricane Ian.
How much advance warning did you have and what actions were taken in preparatio
for the event?
Projections of Hurricane direction.
Comments:
Inflow and Infiltration
Are you under an SOC (Special Order by Consent) or do you have a schedule in any 0 Yes [Z No ❑ NA [] NE
permit that addresses III?
Explain if Yes:
What corrective actions have been taken to reduce or eliminate I S I related overflow
at this spill location within the last year?
CCTV collection system and flow monitors.
Has there been any flow studies to determine Ill problems in the collection system at C Yes W No ❑ NA ❑ NE
the SSO location?
If Yes, when was the study completed and what actions did it recommend?
Has the line been smoke tested or videoed within the past year?
If Yes, when and indicate what actions are necessary and the status of such actions:
Are there III related projects in your Capital Improvement Plan?
If Yes, explain:
Manhole rehab
Have there been any grant or loan applications for Ill reduction projects?
If Yes, explain:
Yes W No ❑ NA NE
10 Yes ❑ No ❑ NA ❑ NE
Yes [71No DNA WNE
CS-SSO Form Page: 2

Do you suspect any major sources of inflow or cross connections with storm sewers', Yes EJ No El NA W NE
If Yes, explain:
Have all lines contacting surface waters in the SSO location and upstream been F0 Yes No El NA NE
inspected recently?
If Yes, explain:
All aerial lines and creek crossings are ins ected bi-annuallyand after each storm event.
What other corrective actions are planned to prevent future ill related SSOs at this
location?
Comments:
System Visitation
ORC
Backup
Name:
Luther P. Proctor
Cert#
1009195
Date visited:
09/30/2022
Time visited:
9:15 PM
How was the SSO remediated (i.e. Stopped and cleaned up)?
Once flow stoRped staff cleaned and limed area.
W Yes
Yes
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: Luther Payton Proctor Date: 10/03/22 03:40 pm
Signature:
Telephone Number:
Title:
Any addition information desired to be submitted should be sent to the appropriate Division Regional Office within five days of i
knowledge of the SSO with reference to the incident number (the incident number is only generated when electronic entry of th
form is completed, if used).
CS-SSO Form Page: 3