WQCS00007_NOV and Intent to Assess_20190305

P'0y COOPER
Cr rnar
MICHAEL S. REGAN
5eewary
LMA CULPEPPER
Dior
NORTH CAROUNA
Enidronmentulftur lftY
CERTIFIED MAIL: 7018 0040 0000 4771 5116
RETURN RECEIPT REQUESTED
March 05, 2019
Marion I Noland
Fayetteville Public Works Commission
PO Box 1089
Fayetteville, NC 28302-1089
SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY
Tracking No.: NOV-2019-DV-0127
Sanitary Sewer Overflows - January 2019
Collection System Permit No. WQCS00007
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
201900178 1/20/2019 88 3361 Footbridge Lane - Grease 4,400 4,400 Notice of Violation
manhole in street
201900179 1/20/2019 129 3310 South Peak Drive Other 2,150 2,000 Notice of Violation
- manhole outside of
pavement
North Carobna Department ofEw&vnmentslIZvaly I Divis n of WateT remulses
Fay=tte l e Ft- a anal Dfil"im I _"B areen Street, SUke T14 I Fayettev;t a Tivrtt � a 2 D1
rm,�, a1f)-4�8-at�d3

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 910-433-3300 or via email at [e-mail].
Sincerely,
3. Trent Allen, Regional Supervisor
Water Quality Regional Operations Section
Fayetteville Regional Office
Division of Water Resources, NCDEQ
Cc: Fayette_v_ille Regional Office — (CT)
PERCS_ Unit
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