WQCS00007_NOV and Intent to Assess_20240415

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
Certified Mail # 7022 2410 0003 3233 9791
Return Receipt Requested
Marion J Noland, Chief Operating Officer
Fayetteville Public Works Commission
PO Box 1089
Fayetteville, NC 28302-1089
NORTH CAROLINA
Environmental Quality
April 15, 2024
SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY
Tracking No.: NOV-2024-DV-0198
Sanitary Sewer Overflows - February 2024
Collection System Permit No. WQCS00007
PWC/Fayetteville Collection System
Cumberland County
Dear Permittee:
A review has been conducted of the self -reported Sanitary Sewer Overflows (SSO's) 5-Day Report/s submitted by
Fayetteville Public Works Commission. The Division's Fayetteville Regional Office concludes that the Fayetteville
Public Works Commission violated Permit Condition I (2) of Permit No. WQCS00007 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 Fayetteville Regional Office is providing the Fayetteville Public Works Commission an opportunity to provide
evidence and justification as to why the Fayetteville Public Works Commission 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
202400412
2/3/2024
110
4924 Morganton Road - Grease
5,500
5,500 Notice of Violation
FPWC manhole in
sidewalk
202400420
2/5/2024
98
660 Cross Creek Mall - Debris in line, Grease
4,900
2,500 Notice of Violation
FPWC manhole in
parking lot
North Carolina Department of Environmental Quality I Division of Water Resources
Fayetteville Regional Office 1 225 Green Street. Suite 714 1 Fayetteville, North Carolina 28301
�^W�� 910.433.330E

Total Vol
Total
Surface
Incident
Start
Duration
Vol
Water
Number
Date
(Minn)
Location
Cause
(Gals)
(Gals)
DWR Action
202400459
2/13/2024
103
105 Brewster Drive -
Debris in line
2,575
2,575
Notice of Violation
manhole in easement
behind house
202400464
2/14/2024
26
5416 Thompson Circle -
Grease
100
100
Notice of Violation
FPWC manhole in street
202400499
2/20/2024
110
3525 Sweetbay Circle -
Debris in line
5,500
Notice of Violation
FPWC manhole in
easement area behind
house
202400504
2/20/2024
110
3516 Beechnut Court -
Debris in line
11,000
11,000
Notice of Violation
FPWC manhole in
easement area behind
house
202400505
2/20/2024
110
429 Early Street - FPWC
Debris in line, Other
2,750
2,750
Notice of Violation
sewer main crossing
unnamed tributary
202400522
2/25/2024
155
3746 Golfview Road -
Pipe Failure (Break)
1,550
Notice of Violation
FPWC manhole outside
of roadway in front yard
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.
D ��� North Carolina Department of Environmental Quality I Division of Water Resources
Fayetteville Regional Office l ZZ5 Green Street. Suite 7141 Fayetteville, North Carolina 28301
910.433.33oo

If you have any questions, please do not hesitate to contact Chad Turlington with the Water Quality Section in
the Fayetteville Regional Office at 910-433-3320 or via email at [e-mail].
Sincerely,
DocuSigned b(ywM1/.N},�I,�'-
I
E4EtA9691DB248E...
Mark Brantley, Regional Supervisor
Water Quality Regional Operations Section
Fayetteville Regional Office
Division of Water Resources, NCDEQ
Cc: Fayetteville Regional Office - CT
North Carolina Department of Environmental Quality I Division of Water Resources
Fayetteville Regional Office 1 225 Green Street. Suite 714 1 Fayetteville, North Carolina 28301
�W�� 910.433.3300