WQCS00270_NOV-2024-DV-0195 Notice of Intent_20240409

Certified Mail # 7017 0190 0000 2486 0650
Return Receipt Requested

April 09, 2024

Walter Credle
Town of Smithfield
PO Box 761
Smithfield, NC 27577

SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY
Tracking No.: NOV-2024-DV-0195
Sanitary Sewer Overflows - March 2024
Collection System Permit No. WQCS00270
Smithfield Collection System
Johnston County

Dear Mr. Credle:

A review has been conducted of the self-reported Sanitary Sewer Overflows (SSO’s) 5-Day Report/s submitted by
Town of Smithfield. The Division’s Raleigh Regional Office concludes that the Town of Smithfield violated Permit
Condition I (2) of Permit No. WQCS00270 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 Smithfield an opportunity to provide evidence and justification
as to why the Town of Smithfield 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
_________________________________________________________________________________________________________________________________________________________________________
202400734 3/28/2024 Unknown 702 Blount Street, Pump station 13,000 6,500 Notice of Violation -
Smithfield, NC, 27577 equipment failure Intent to Assess _________________________________________________________________________________________________________________________________________________________________________

DocuSign Envelope ID: 6B195F7E-A777-47B5-94D5-AA22F7389311

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 919-791-4261 or via email at [e-mail].

Sincerely,

Michael Hall, Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ

Cc: Laserfiche
DocuSign Envelope ID: 6B195F7E-A777-47B5-94D5-AA22F7389311
, for