WQCSD0081_NOI_NOV2023DV0230_20230602

ROY COOPER
covernnr
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
NORTH CAROLINA
Environmental Quality
Certified Mail # 7020 3160 0002 0860 6207
Return Receipt Requested
June 2, 2023
Arnold E. Allred
Town of Franklinville
PO Box 277
Franklinville, NC 27248-0277
SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY
Tracking No.: NOV-2023-DV-0230
Sanitary Sewer Overflows - April 2023
Collection System Permit No. WQCSDO081
Franklinville Collection System
Randolph County
Dear Mr. Allred:
A review has been conducted of the self -reported Sanitary Sewer Overflows (SSO's) 5-Day Report/s submitted by
Town of Franklinville. The Division's Winston-Salem Regional Office concludes that the Town of Franklinville violated
Permit Condition I (2) of Permit No. WQCSDO081 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 Winston-Salem Regional Office is providing the Town of Franklinville an opportunity to provide evidence and
justification as to why the Town of Franklinville 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 (Mips) Location Cause (Gals) (Gals) DWR Action
202300650 4/6/2023 220 4606 Ogles Creek St, Inflow and Infiltration 5,000 5,000 Notice of Intent
Ramseur, NC, 27316
' Non, Carolina oepen—ofEnvtromnernal Quality I Ellnsionof Water Resources o��
Winsloa-Saiem Regional Off 1 450 West Hanes Mill Road, Suit, 3001 Wlnstan-Salem, North Carolina 271CS
33'TJb.9&00

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 Ron Boone with the Water Quality Section in the
Winston-Salem Regional Office at 336-776-9800 or via email at [e-mail].
Sincerely,
Docu Siiggned by:
L uti l . Jn lAts
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Lon T. Snider, Regional Supervisor
Water Quality Regional Operations Section
Winston-Salem Regional Office
Division of Water Resources, NCDEQ
NorthcardinaoepenmeD[F'L 'tro Wernal Quality bad,S of Water Resources
Winston-Saiem 0.eglanal Off � 450 West Hanes Mill Roaq Suitc 300 I WIns tan -Salem, North Carallna 2770S
33h.7]6.9800