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HomeMy WebLinkAboutWQCS00166_NOV and Intent to Assess_20240709ROY COOPER Governor ELIZABETH S. BISER Secretary RICHARD E. ROGERS, JR. Director Brent Trout Harnett County PO Box 759 Lillington, NC 27546 Delivered by email to: btrout0harneft, org NORTH CAROLINA Environmental Quality July 09, 2024 SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY Tracking No.: NOV-2024-DV-0289 Sanitary Sewer Overflows - May 2024 Collection System Permit No. WQCS00166 Harnett County Collection System Harnett County Dear Permittee: A review has been conducted of the self -reported Sanitary Sewer Overflows (SSO's) 5-Day Report/s submitted by Harnett County. The Division's Fayetteville Regional Office concludes that the Harnett County violated Permit Condition I (2) of Permit No. WQCS00166 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 Harnett County an opportunity to provide evidence and justification as to why the Harnett County 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 (Minn) Location Cause (Gals) (Gals) DWR Action 202400909 5/14/2024 120 455 FLEMING ROAD, Inflow and Infiltration 2,500 2,500 Notice of Violation COATS, , 27521 202400910 5/14/2024 90 413 SOUTH DENISE Inflow and Infiltration 2,000 2,000 Notice of Violation AVENUE, COATS, , 27521 D ��� 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 910.433.330E Total Vol Total Surface Incident Start Duration Vol Water Number Date (Mins) Location Cause (Gals) (Gals) DWR Action 202400950 5/18/2024 285 600 IRIS BRYANT Inflow and Infiltration 3,000 0 Notice of Violation ROAD, ERWIN 202400951 5/18/2024 110 1114 WARREN ROAD Inflow and Infiltration 1,100 0 Notice of Violation 202400952 5/18/2024 465 1811 ERWIN ROAD, Inflow and Infiltration 8,400 8,400 Notice of Violation DUNN 202400953 5/18/2024 85 413 SOUTH DENISE Inflow and Infiltration 1,800 1,800 Notice of Violation AVENUE 202400954 5/18/2024 195 455 FLEMING ROAD, Inflow and Infiltration 2,700 2,700 Notice of Violation COATS 202400955 5/18/2024 1,005 82 TOWER VIEW LANE, Inflow and Infiltration 1,800 0 Notice of Violation BUNNLEVEL 202400956 5/18/2024 1,290 90 MOORE STREET, Inflow and Infiltration 4,200 0 Notice of Violation ERWIN, , 28339 202400957 5/18/2024 210 105 WEST D STREET, Inflow and Infiltration 1,200 0 Notice of Violation ERWIN 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 Chad Turlington with the Water Quality Section in the Fayetteville Regional Office at 910-433-3320 or via email at chad.turlington@deq.nc.gov. Sincerely, EDocuSigned by: 97813D247D_ Chad Turlington, Assistant Regional Supervisor Water Quality Regional Operations Section Fayetteville Regional Office Division of Water Resources, NCDEQ Cc: Fayetteville Regional Office — CT 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 910.433.330o