WQCS00193_NOV-2023-DV-0178_Response Rvcd_20230508

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May 2, 2023
NCDEQ
Water Quality Regional Operations Section
1628 Mail Service Center
Raleigh, NC 27699-1628
Attention: Mr. Scott Vinson, Regional Supervisor
Subject: Town of Fuquay-Varina
Wake County
Collection System Permit (WQCS00193)
Sanitary Sewer Overflow
Response to Notice of Violation (NOV-2023-DV-0178)
Dear Mr. Vinson,
MAY 8 2023
Raleigh Regional Office
This response is to the Notice of Violation generated by your office dated April 21, 2023
Sunday, March 19, 2023, sewer collections staff responded to a call related to a sewer odor and possible sewer spill
in the area of 1640 N Stewart St, Fuquay-Varina. Upon arrival, staff determined there was a active sewer spill coming
from manhole # 155385.
Sewer collections staff and I were able to access the downstream manhole #155387 with our sewer jet and stop the
spill and remove the blockage of roots in an hour and 4 minutes.
The area was cleaned, limed and strewed to state requirements and the roots in the main were removed and further
action of root treatment was applied to stop any further issue in the collections system.
The Town of Fuquay-Varina has Dukes Root Control performing root treatment in our collections system and as of
May 1 we have treated over 24,000 feet of our collections system and we will continue to treat other areas as the
year passes.
I hope you find the above response/corrective actions acceptable. If you need additional information, please let me
know.
Sincerely,
Jonathan Joyner
Sewer Collections Supervisor/ORC
Mobile [phone]
[e-mail]
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Cc: Mike Wagner, TOFV
Chris Grimes, TOFV

ROY COOPER
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ELIZABETH S. BISER
serretay
RICHARD E, ROCERS, JR.
Director
Certified Mail # 7020 3160 0000 4109 1017
Return Receipt Requested
Adam Mitchell, Town Manager
Town of Fuquay-Varina
134 N Main St
Fuquay Varina, NC 27526-6267
NORTH CAROLINA
Environmental Quality
April 21, 2023
NC Dept of Environmental Qualm
MAY 8 2023
Raleigh Regional Office
SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY
Tracking No.: NOV-2023-DV-0178
Sanitary Sewer Overflows - March 2023
Collection System Permit No, WQCS00193
Fuquay-Varina Collection System
Wake County
Dear Mr. Mitchell:
A review has been conducted of the self -reported Sanitary Sewer Overflows (SSO's) 5-Day Report/s submitted by
Town of Fuquay-Varina. The Division's Raleigh Regional Office concludes. that the Town of Fuquay-Varina violated
Permit Condition I (2) of Permit No. WQCS00193 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 Fuquay-Varina an opportunity to provide evidence and
justification as to why the Town of Fuquay-Varina 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 (Mans) Location Cause (Gals) (Gals) DWR Action
202300544 3/19/2023 64 1640 N Stewart St, Grease, Roots 4,800 4,800 Notice of Vlolatlon -
Fuquay Varina, NC, Notice of Intent
27526
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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
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 Kevin Fowler with the Water Quality Section in the
Raleigh Regional Office at 919-791-4200 or via email at [e-mail].
Cc: Laserfische
Sincerely,
Scott Vinson, Regional Supervisor
v Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ
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