WQCS00179_DV-2018-0002 Remission Request_20180212

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ounty
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February 12, 2018
Mr. Danny Smith
Division of Water Resources, NCDEQ
Raleigh Regional Office
1628 Mail Service Center
Raleigh, NC 27699-1628
RE: Notice of Violation and Assessment of Civil Penalty
Collection System Permit No. WQCS00179
Case No. DV -2018-0002
Public Utilities
1630 US #1 Hwy
Youngsville, NC 27596
Phone: [phone]
Fax: [phone]
www.franldincountync.us
RECEIVED/DENR/DWR
FEB 21 2018
Water Resources
Permitting Section
am in receipt of the Notice of Violation and Civil Penalty, dated January 8, 2018, Case No. DV -
2018 -002. The incident in question is a sanitary sewer overflow that occurred on August 12,
2017.
The sanitary sewer overflow was a result of a thunderstorm in our area that produced rainfall
event of 2.5 inches in 90 minutes. The Franklinton Regional Pump Station is in good working
order, but was not able to handle that significant of an event. Department staff responded to the
site during the event and once the rain had stopped, staff cleaned up the area and distributed
lime. The pump station is checked by staff on a weekly basis and we also have SCADA on this
pump station. All components of this station were in proper working order on August 12, 2017.
I do realize that this system has a strong record of prior incidents, but the Public Utilities
Department and Franklin County are diligently working on updating the system and pump station
to avoid future SSO's. The county has received grants to address the inflow and infiltration in the
system and has completed phase one and is 90% complete with phase 2 of these sewer
improvements. At the February 5, 2018 county commission meeting, the bid was awarded to
replace the Franklinton Regional Pump Station with a new duplex station, SCADA, and generator.
Based upon the above information, I am requesting that the Civil Penalty of $431.76 ($400.00
civil penalty + $31.76 enforcement costs) be waived. Attached are the signed forms required to
request the waiving of the penalty.
If any additional information is needed, please contact my office.
CC: Angela L. Hams, County Manager
Kim Denton, Assistant County Manager
Permit Files
"Equal Opportunity Employer"

JUSTIFICATION FOR REMISSION REQUEST
Case Number: DV -2018-0002 County: Franklin
Assessed Party: Franklin County Public Utilities
Permit No.: WQCS00179
Amount Assessed: $431.76
Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission,
Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form to request remission of this civil penalty.
You should attach any documents that you believe support your request and are necessary for the Director to consider in
evaluating your request for remission. Please be aware that a request for remission is limited to consideration of the five
factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting
remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual
statements contained in the civil penalty assessment document ' Pursuant to N.C.G.S. § 143B-282 1(c), renussion of a civil
penalty may be granted only when one or more of the following five factors apply. Please check each factor that you
believe applies to your case and provide a detailed explanation, including copies of supporting documents, as to why the
factor applies (attach additional pages as needed)
(a) one or more of the civil penalty assessment factors in N C.G S 143B-282 1(b) were wrongfully applied to the
detriment of the petitioner (the assessment factors are listed in the civil penalty assessment document);
X (b) the violator promptly abated continuing environmental damage resulting from the violation (i.e., explain the
steps that you took to correct the violation and prevent fittiire occurrences),
(c) the violation was inadvertent or a result of an accident (i e, explain why the violation was tinavoidable or
something you could not prevent or prepare for);
(d) the violator had not been assessed civil penalties for any previous violations,
(e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions (i.e., explain
how payment of the civil penalty will prevent you from performing the activities necessary to achieve
compliance)
EXPLANATION:

STATE OF NORTH CAROLINA
COUNTY OF FRANKLIN
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST
Franklin County Public Utilities
Franklin County Collection System
PERMIT NO. WQCS00179
DEPARTMENT OF ENVIRONMENTAL QUALITY
WAIVER OF RIGHT TO AN
ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
CASE NO. DV -2018-0002
Having been assessed civil penalties totaling $431.76 for violation(s) as set forth in the assessment document of the Division
of Water Resources dated January 08, 2018, the undersigned, desiring to seek remission of the civil penalty, does hereby
waive the right to an administrative hearing in the above -stated matter and does stipulate that the facts are as alleged in the
assessment document. The undersigned further understands that all evidence presented in support of remission of this civil
penalty must be subnutted to the Director of the Division of Water Resources within thirty (30) days of receipt of the notice
of assessment. No new evidence in support of a remission request will be allowed after (30) days from the receipt of the
notice of assessment.
This the i �-- day of �' 1= t3CZL'1�Zy , 20 1
A?,L1 C_ 0 r1 i_i rt tr;
TELEPHONE
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