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HomeMy WebLinkAboutWQCS00179_NOV-2024-DV-0392_20240926.docx Docusign Envelope ID: DD3946D5-2014-4116-B4FC-C84B1C144D93 STATE ROY COOPER s Governor C MARY PENNY KELLEYR. . Secretory �+"tl0' RICHARD E.ROGERS,JR. NORTH CAROLINA Director Environmental Quality Certified Mail # 7020 3160 0000 4109 3950 Return Receipt Reauested September 26, 2024 Christopher Doherty, Director Public Utilities Franklin County Public Utilities 1630US Hwy 1 Youngsville, NC 27596-9661 SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY Tracking No.: NOV-2024-DV-0392 Sanitary Sewer Overflows - August 2024 Collection System Permit No. WQCS00179 Franklin County Collection System Franklin County Dear Permittee: A review has been conducted of the self-reported Sanitary Sewer Overflows (SSO's) 5-Day Report/s submitted by Franklin County Public Utilities. The Division's Raleigh Regional Office concludes that the Franklin County Public Utilities violated Permit Condition I (2) of Permit No. WQCS00179 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 Franklin County Public Utilities an opportunity to provide evidence and justification as to why the Franklin County Public Utilities 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 202401547 8/3/2024 300 Youngsville Regional Severe Natural 4,800 2,000 Notice of Violation - WWPS Condition Intent to Assess 202401560 8/8/2024 818 404 SOUTH CHAVIS Severe Natural 15,600 0 Notice of Violation STREET, FRANKLINTON Condition Tropical Storm Debby D t Q�� North Carolina Department of Environmental Quality I Division of Water Resources Raleigh Regional Office 13800 Barrett Drive I Raleigh,North Carolina 27609 o.w•TM�.^�a e^N.�^^bm.i mw /� 919.791.4200 Docusign Envelope ID: DD3946D5-2014-4116-B4FC-C84B1C144D93 Total Vol Total Surface Incident Start Duration Vol Water Number Date (Mins) Location Cause (Gals) (Gals) DWR Action 202401564 8/8/2024 552 307 SOUTHEAST Severe Natural 10,800 8,500 Notice of Violation RAILROAD STREET, Condition Tropical Storm Debby YOUNGSVILLE 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 Myles Parker with the Water Quality Section in the Raleigh Regional Office at 919-791-4200 or via email at Myles.b.parker@deq.nc.gov. Sincerely, Signed by: E t�1n t,SSa f. 82916E6AB32144F_. Vanessa E. Manuel, Assistant Regional Supervisor Water Quality Regional Operations Section Raleigh Regional Office Division of Water Resources, NCDEQ Cc: Laserfiche RE Q�� North Carolina Department of Environmental Quality I Division of Water Resources Raleigh Regional Office 13800 Barrett Drive I Raleigh,North Carolina 27609 NOAn11-1—INA oen.nmam f e..�ro.m..�a a.a\ r 919.791.4200