WQCS00193_NOV-2023-DV-0316 Notice of Violation_20230807

Certified Mail # 7020 3160 0000 4109 1895
Return Receipt Requested

August 07, 2023

Adam Mitchell, Manager Town
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-0316
Sanitary Sewer Overflows - July 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
_________________________________________________________________________________________________________________________________________________________________________
202301116 7/26/2023 142 408 Creekway Dr, Pipe Failure (Break) 8,160 8,160 Notice of Violation
Fuquay Varina, NC, Intent to Assess
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].

Sincerely,

Scott Vinson, Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ

Cc: Laserfische
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