HomeMy WebLinkAboutWQ0018755_NOV-2023-DV-0201_Resp Rvcd_20230518i�
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north corolino
May 18, 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-0201) incident #202300628
Dear Mr. Vinson,
This response is to the Notice of Violation generated by your office dated May 8, 2023
NC Dept of Environmental Quality
MAY 2 2 2023
Raleigh Regional office
Friday, April 7, 2023, sewer collections staff responded to multiple high-level alarms at sewer lift stations due to a
severe storm where approximately 7 inches of rain had fallen in a very short period. This resulted in multiple streets
being flooded and impassable due to the water being over the road. This also caused multiple manholes in the
streets to take on flood waters. During inspections of the areas staff found manhole # 154348 spilling and remained
on site until the spill stopped.
The area was cleaned, and lime was spread to State standards. We also took dissolved oxygen readings at the
upstream, point of impact, and downstream locations with the readings showing levels of 7.6 to 8.7. All information
was reported, and a press release was issued for the 73,220 gallon spill.
Staff worked the next business day jetting the outfall upstream as well as downstream and inspecting the manholes
and lines and we are working with a contractor on rehabilitating the old brick manholes in that area to stop further
issues. The manhole that was spilling has been inspected and an inflow dish was installed.
I hope you find the above response/corrective actions acceptable. If you need additional information, please let me
know.
Sincerely,
�n
Jonathan Joyner
Sewer Collections Supervisor/ORC
Mobile 919-499-7459
jjoyner@fuquay-varina.org
Cc: Mike Wagner, TOFV
Chris Grimes, TOFV
DocuSWn Envelope ID: D418A6F0.8FF4-4C81-AC35-CEAE7C291808
ROY COOPER
ELIZABETH S. BISER " "-�'j�,•
SoJJrmry ....
RICHARD E. ROGERS, )R. NORTH CAROLINA
Dillyrnr EnvlronmenfolQuality NC Dept of E'nvir0nlnental
Quality
Certified Mail # 7020 3160 0000 4109 1086
Return Receipt Requested MAY Z 2 ?Q193
May 08, 2023 Raleigh Regional ()trice
Adam Mitchell, Town Manager
Town of Fuquay-Varina
134 N Main St
Fuquay Varina, NC 27526-6267
SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY
Tracking No.: NOV-2023-DV-0201
Sanitary Sewer Overflows - April 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
(Mins)
Location Cause
(Gals)
(Gals)
DWR Action
202300628O
4/7/2023
355
306 Holland Rd, Fuquay Inflow and
73,220
73,220
Notice of Violation -
Varina, NC, 27526 Infiltration, Severe
Notice of Intent
Natural Condition
202300718
4/22/2023
49
404 Holland Rd, Fuquay Inflow and
750
750
Notice of Violation
Varina, NC, 27526 Infiltration, Severe
Natural Condltion
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,DocuSign Envelope ID: D419A6F0-6FF4-4C81-AC36•CEAE7C291808
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 falls 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 kevin.fowier@ncdenr.gov.
Cc: Laserfiche
Sincerely,
C0xu9lgned by:
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Scott Vinson, Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ
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