WQCS00007_NOV and Intent to Assess_20180529

BN ROY COOPER
Governor
MICHAEL S.REGAN
Sanitary
Water Resources ',DMA CULPEPPER
ENVIRONMENTAL OUAt#T'€ 1n erimt Director
CERTIFIED MAIL: 7012 3050 0001 9399 1765
RETURN RECEIPT REQUESTED
May 29, 2018
Mick Noland
Fayetteville Public Works Commission
PO Box 1089
Fayetteville, NC 28302-1089
REC�ivE�r�EM 0
SUBJECT: NOTICE OF VIOLATION &INTENT TO ISSUE CIVIL PENALTY ��N U i 2018
Tracking No.: NOV-2018-DV-0158
Sanitary Sewer Overflows - April 2018 Water Resources
Collection System Permit No. WQCS00007 permitti
ng Section
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
201800550 4/12/2018 1,446 705 Duggins Way- Power Outage, Pump 76,965 76,965 Notice of Violation
manhole upstream of lift station equipment
station in easement failure
behind apartment
building
201800585 4/20/2018 41 North Cool Spring Power Outage 11,275 11,275 Notice of Violation
Street @ Hawley Lane-
manholes in street and
adjacent to bridge
State of North Carolina I Environmental Quality I Water Resources
225 Green Street,Suite 714,Fayetteville,NC 28301-5043
910-433-3300

Total Vol
Total Surface
Incident Start Duration Vol Water
Number Date ,(Mins) Location Cause (Gals) (Gals) DWR Action
201800622 4/25/2018 82 #175 Cape Fear River Pipe Failure(Break) 12,986 12,986 Notice of Violation
Trail sewer force
main in easement area
adjacent to walking trail
201800650 4/30/2018 90 #5400 Ramsey Street Pipe Failure(Break) 18,116 4,500 Notice of Violation
_sewer force main in
easement area adjacent
to golf course
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 Hughie White or myself with the Water Quality Section
in the Fayetteville Regional Office at 910-433-3300.
Sincerely,
reZfrYt}/,/-/-4e---
3. Trent Allen, Regional Supervisor
Water Quality Regional Operations Section
Fayetteville Regional Office
Division of Water Resources, NCDEQ
Cc: Fayetteville Regional Office (HW)
PERCS Unit
State of North Carolina I Environmental Quality I Water Resources
225 Green Street,Suite 714,Fayetteville,NC 28301-5043
910-433-3300