WQCS00193_NOV-024-DV-0265 Resposne to Notice_20240627

��
i=I000- (-\/nP1,Nn
north carofino
June 27, 2024
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water resources, NCDEQ
1628 Mail Set -vice Center
Raleigh, NC 27699-1628
Attention: Vanessa Manuel, Assistant Regional Supervisor
�'-% tr•
. �FA '-. .. -- -.-.
Mic -�`
Public Utilities Director
rnwagne �Fugtiay-Varina orgy Q 13hiCY
Subject: Town of Fuquay-Varina
Wake County
Collection System Permit (WQCS00193)
Sanitary Sewer Overflow
Response to Notice of Violation (NOV-2024.DV-0265) incident 202401012
Dear Mrs. Manuel,
JUL - 5 2024
The Town of Fuquay-Varina appreciates the opportunity to respond to the Notice of Violation dated June 13, 2024,
for the Sanitary Sewer Overflow (SSO) incident number 202401012.
Cause of Non -Compliance:
Wednesday May 29, 2024, sewer collections staff was notified by a contractor of a manhole overflowing near the
intersection of N Grassland Dr and Westec Way. Staff responded immediately to the area and found a mechanical
plug in the manhole downstream line (SSMH-219181) left by a contractor during construction that the town was not
aware of until the incident. Staff removed the plug, but the flow over came the downstream manhole. A contractor
doing grading work on a nearby site was instructed to build an earthen dam to try and stop the spill from entering a
catch basin. The flow still entered the catch basin and a small creek.
Remedial Action Taken:
Staff immediately started vacuuming the containment area at the catch basin. Also, an additional truck was set up for
the removal of the sewer from the creek. After cleaning the area thoroughly, the road and catch basins were flushed
with potable water from two fire hydrants nearby. The town has added GIS layers to our mapping to keep track of
plugs installed during construction and Town Inspectors and other staff are utilizing this addition in the inspection
process.
We believe that this letter demonstrates the investment and commitment the Town is making to resolve sewer issues,
and we hope the Division recognizes these efforts. Therefore, we respectfully request that the Division not assess a
civil penalty on the efforts presented in this letter.
Sincerely,
44JA5;V2
Micheal Wagner
Public Utilities Director
Cc: file
Jonathan Joyner, ORC
Mike Wagner, TOFV
Chris Grimes, TOFV
Public Utilities
Town of Fuquay-Varina 134 N. Main Street, Fuquay-Varina, NC 27526 [phone] fuquay-varina.org

DocuSign �nvelope ID: 4CD3D57F-D12C-4C79-6D69-D59E22E9CCF'9
ROY COOPCR
Gr, o n,x
ELIZABETH S. MISER
sci l li.11 l'
RICHARD E, ROGERS. JR.
Ud.r 8,Y
Certified Mail # 7017 0190 0000 2486 0995
Retmrn Receipt Requested
Adam Mitchell, Town Manager
Town of Fuquay-Varina
134 N Main St
Fuquay Varina, NC 27526-6267
N01Zrki CAROL INA
CnvironmenfalQuali1y
June 13, 2024
SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY
Tracking No.: NOV-2024-DV-0265
Sanitary Sewer Overflows - May 2024
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 (Mina) Location Cause (Gals) (Gals) DWR Action
202401012 5/29/2024 39 700 WESTEC WAY, Other 2,500 2,500 Notice of Violation -
FUQUAY VARINA, Intent to Assess
27526
R\,I'y,v.,.th.rya,MY,l1a+Ihh.Yr_,1..,1„.IYY .W.N. R.-is

. DocuSign Envelope ID: 4CD3057F-D42C-4C79-8DB9-D59F22E9CCF9
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, remedlal 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].
Cc: Laserfiche
Sincerely,
----Docu fined by:
Wtk- ,SSA, f, PLAJA,u�,I,
--- B 291 eE 6 AB 3214 4 F. .
Vanessa Manuel, Assistant Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ
iiJ.+.� u .zed ln, rFax ,�w y�L.•4 .,-itiY.i.•3•-���.•-
.. D Ql r-Plir-O i