WQCS00179_DV-2023-0049_20230404

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AW Qunty
A Reswrcb Triangle Region Community
April 4, 2023
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-2023-0049
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 March 17, 2023. The NOV was received by my office on March 27, 2023.
Franklin County Public Utilities is requesting the remission of the fine of $595.72 ($500.00 civil penalty &
$95.72 enforcement costs). Reasons are below and the required paperwork is attached.
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
1st 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, and speak with Payton Proctor.
Regards
C e ohe
Public Utilities Director
CC: Payton Proctor, Superintendent Collections System
Mitch Hayes, NCDEQ Division of Water Resources
attachments

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. § 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);
y (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: