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HomeMy WebLinkAboutWQCS00016_Enforcement_20190228ROY COOPER cover for MICHAEL S. REGAN Secretor LINDA CULPEPPER Director Certified :Mail # 7017 2620 0000 6788 4705 Return Receipt Requested {T i c hae City of PO Box 190 Albemarle, NC 28002-0190 NORTH CAROLINA Environmental Quality February 28. 2019 SUB f CT: Not cc of G iolatlon and Assessment of Civil Penalty for Violations of North Carolina General Statute and Collection System Permit No. WQCS00016 City of Albemarle Albemarle Collection System Case No, DV-2019-0049 Stanly County. Dear Mr, Ferri, 43-215.: This Better transmits a Notice of Violation and assessment of civil penalty in the amount of $1,378.35 ($1,250,00 civil penalty $128.35 enforcement costs) against City of Albemarle. This a assessment is based upon the following facts: a review has been conducted of the Sanitary Sewer Overflow ('SSO) 5-Day Report submitted by City of Albemarle_ This review has shown the subject facility to be in violation of the requirements found in Collection System Permit No, WQCS00016 and (3.5, '143-215,1(a)(1). The violation(s) that occurred are summarized in Attachment A to this letter, Based upon the above facts, 1 conclude as a matter of law that City of Albemarle violated the terms, conditions or requirements of Collection System Permit No, WQCS00016 and G3,S, 143-215.1(a)(1) in the manner and extent shown is Attachment A. In accordance with the maximums established by G.S. 143-215.6A(aX2), a civil penalty may he assessed against any person who violates the terms, conditions or requirements ofa permit required by G.S. 143-215.1(a). fti rC.4 rtrn4r1=af r. ,t*n;re,"„ta a a:t D e so.o, Reso s s. FOff, y I 'c"1J ra,s Celt t_,r A u to 3,01 pr .P3sr z. N=art L.4 r,3 2fi11T. -.€ -1S9 9 -Based upon the above findings of fact and conclusions of law„ and in accordance with authority provided by -the Secretary of the Department of Environmental Quality. and the Director of the Division of Water Resources, 1, W. Corey Basinger, Regional Supervisor, Mooresville Regional Office hereby make the following civil penalty assessment against City of Albemarle: 1,250.00 For 5 of the 8 violations of Collection System Permit No. WQCS00016 and G.S. 143-215,1(a)(.1) for Sanitary Sewer Overflow(s) resulting in a discharge without a valid permit, 1.2.50.00 TOTAL CIVIL PENALTY $128.,„:5 Enforcement Costs TOTAL AMOUNT DUE Pursuant to G.S. 143-215.6A(c), in determining the amount of the penaltyI have taken into account the Findings of Fact and Conclusions of I.,aw and the .factors set forth at G.S.. 143B-282.1(b), which are: (1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation; (2) The duration and gravity of the violation; (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) 71The amount of money saved by noncompliance; (6) Whether the violation was committedwillfully or intentionally; (7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and (8) The cost to the State of the enforcement procedures. Within thirty (30) days of receipt of this notice, you must do one of the tblkiwing (1) Submit payment of the penalty, OR (2) Submit a written request for remission, OR (3) Submit a written request for an administrative hearing Option 1: Submit payment of the penalty: Payment should he made directly to the order of the Department of Environmental Quality (do not include waiver JOT.* Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s), Please submit payment to the attention of: Attn: PFRCS Branch Division of Water Resources 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Option 2: Submit a written request for remission or mitigation including a detailed justification for such request: 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 ainountof 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. Because a remission request: forecloses the option of an administrative hearing, such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation and agreement that no factual or legal issues are in dispute. Please prepare a detailed statement that establishes why you -believe the civil penalty should be remitted, and submit. it to the Division of Water Resources at the address listed below, hi determining whether a remission request will he approved, the following factors shall be considered: (1) whether one or more of the civil penalty assessment factors in NCGS 14313-282,1(b) was srongfuH> applied to the detriment of .the petitioner; (2) whether the violator promptly abated continuing environmental damage resulting from the violation; (3) whether the violation was inadvertent or a result of an accident; (4) whether the violator had been assessed civil penalties fir any previous violations; or (5) whether payinent of the civil penalty will prevent paym.ent for the remaining necessary remedial acti Please note that all evidence presented in support of your request for remission must be submitted in writing.. 'f he Director of the Division of Water Resources will review your evidence and inform you of his decision in the matter of your remission request. The response. will provide details regarding the case status, directions for payment, and provision for further appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty Remissions (Committee), Please bc advised that the Committee cannot consider information that was not part of the original remission request considered by the Director, -Fherefore, it is very important that you prepare a complete and thorough statement in support of your request for remission. In_order to recp,iest remission, you must complete and submit the enclosed "Request for Remission of Civil Penalties, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form within thirty 09)_days of receipt of this notice. The Division of Water Resources also requests that you complete and submit the enclosed "Justification for Remission Request," Both forms should be submitted to the following address: .Attn: PERCS Branch Division. of Water Resources 1617 Mail Service Center Raleigh, North Carolina 27699-1617 ANL) W. Corey Basinger, Regional Supervisor Water Quality Regional Operations Section Mooresville Regional Office Division of Water Resources, NCDEO 610 Ea.st Center Avenue, Suite .301 Suite 301., Mooresville, NC 28115 Option 3: File a petition for an administrative hearing with the Office of Administrative H If you wish to contest any statement in the attached assessment document you .mustfile a petition for an administrative hearing. You may obtain the petition form from the Office of Administrative Hearings. You must file the petition with the Office of Administrative Hearings within thirty (30) days of receipt of this notice, A petition is considered filed when it is received in the Office of Administrative Hearings during normal office hours, The Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8:00 a.m, and 5:00 p.rit, except for official state holidays. The petition may he filed by 'facsimile (fax) or electronic mail by an attached tile (with restrictions) - provided the signed original, one (1.) copy and a filing fee (if a filing fee is required by NCGS §150B-23.2) is received in the Office of Administrative Hearings within seven (7) business days following the faxed or electronic transmission. You should contact the Office of Administrative Hearings with alt questions regarding the filing fee and/or the details of the filing/process. The mailing address and telephone and fax numbers for the Office of Administrative Hearings are as follows: 6714 Mail Service Center Raleigh, NC 27699 6714 Tel; (91.9)431-3000 Fax: (919) 431-3100 One 1 copy of the petition must also be served on DEQ as follows: Mr, 'William F. 1 General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, North Carolina 27699-1601 Please indicate the case number (as found on page one (..)-1 this letter) on the petit Failure to exercise one of the, options above within thirty ( 30) d.ays of receipt of this letter, as evidenced by an internal dateltime received stamp (not a postmark), will result in this matter being referred to the Attorney General's Office for collection of the penalty through a civil action. Please be advised that additional penalties may be assessed for violations that occur after the review period of this assessment. If you. have any questions, please contact Corey Basinger with. the Division of Water Resources staff of the !Mooresville Regional Office at 704-235-2194 or via email at corey.basinger@ncdenr.gov, Sincerely, W. Corey Basinger, Regional Supervisor Water Quality Regional Operations Section Mooresville Regional Office Division of Water Resources, NCDFQ Aff ACHMENTS Cc: WQS Mooresville Regional Office - 1:-,nforcement File PERCS Compliance/Enforcement Unit - Enforcement File JUSTIFICATION FOR R SSION REQUEST Case Number: DV-2019-0049 Assessed Party: City of Albema le Permit No.: WQCS00016 County: Stanly Amount Assessed: $1 378,3s Please use this forrn 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 NC.C1,S, § 43B-282; (c), remission 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. 14311-282.1(b) were wrongfully applied to the detriment of the petitioner (the assessment actors are listed in the civil penalty assessment document); (b) the violator promptly abated continuing environmental damage resulting from the violation (Le, explain the steps that you took to correct the violation and prevent 'e occurrences); (c) the violation was inadvertent or a result of an accident explain why the violation was unavoidable 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 pena/ET will prevent youfrom performing the activities necessary to achieve compliance). EXPLANATION: SI. T 1 Olu NORTIT C.." R 91.,1 'T'r' OF STANItY D P AiRTM -NT O1° EN r 1RO IENT: L ATTER.01 SSL MENT I.. PENA.TUTI :5 ( IN T City of Albemarle Albemarlell�itrrg vs PERMIT Na WQCS ER OF RIG"ITTO AN [ I rRA I V ['FARING AND STIPULATION OF FACTS CA SV NO. %°- 019-i11149 H ing been assessed cis it penalties totaling l 37 .35 frrr vit latrcrn ) as set forth itr the assessanent do ument o f the urges dated Febrtt :r 2 _2, 19, the urrdersit ned, desto seek rerarission of the civil 1 enalt „ does ebb era an administrative hearing in the above -stated mat tcr and does stipulate that the facts are as alleged in the assessment dtreument'i. he undersigned further understands that all evidence presented in support of remission of this civil penalty must be srrbrr fitted to the Director of the Division of \later Resources within thi r (10) (Lys of receipt of the nonce ofassessment No new evidence in support rt ofa remission request will be allowed after 0) days Ire rrr the rc.c.cipt ref tEte rag tice of assessment, the ....... day o IRESS 'TELEPHONE SIC'' TL.RI ,2tl PERMlT NO: W+0016 ATTACHMENT A City of Albemarle- CASE NUMBER: DV-201980049 FACILITY: Albemarle Crllection System Other Violations INCIDENT VIOLATION NUMBER- DATE VIOLATION TYPE 201808601 _.... 12/9/2018 SO/S O(Sewor Overflow) 201803686 12/20/2018 CS I SO(Sew r Overflow) 201803690 12/20)2018 CSO/SSO(Sewe 201803689 12/2012018 ..__ SO/SS (Sewer Overflow) Overflow) REGION: MooresvdUe COUNTY:tnl TOTAL VOLUME VIOLATION DESCRIPTION Discharge without valid permit Discharge without valid permit 7,800 Discharge without val"rd permit 11,700 Discharge without valid per mt 13,650 201803 87 12/20/2018 CS+ /SSO(Sewer Overflow) 201803688 12/20/2018 S i1'SSO(Sewer Overflow) 201803809 12/28/2018 CSt 1 aSO(Sewer aveiflow) 2018 808...12/28/2018 SS 3/SSO(Sewer Overflow) Discharge without valid permit Discharge without valid permit Discharge without valid permit Discharge without valid permit (GALLONS) 1,800 15.500 500 600 1,200 PENALTY AMOUNT 00 250.00 $250 00 $250 00 250 0 250 00 0 00 0 00 SSO Evaluation Routing Slip NOV : PERMITTEE: Tony 44, - tJ Ba 0"t 61 , 0 Andrew Corey t.„ 2/22/2019, 9:55 AM Copy of CoUection system forms, SSO Evaluation Routing Slip ROY COOPER Governor MICHAEL S. REGAN secrvas Y UNDA CULPEPPER threclor NORTH CAROLINA Environmental Quality CERTIFIED MAIL: 7017 2620 0000 6788 4569 RETURN RECEIPT REQUESTED February 01, 2019 Michael Ferris, City Manager City of Albemarle PO Box 190 Albemarle, NC 28002-0190 SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY Tracking No.: NOV-2019-DV-0088 Sanitary Sewer Overflows - December 2018 Collection System Permit No. WQCS00016 Albemarle Collection System Stanly County Dear Mr. Ferris: A review has been conducted of the self -reported Sanitary Sewer Overflows (SSO's) 5-Day Report/s submitted by City of Albemarle. The Division's Mooresville Regional Office concludes that the City of Albemarle violated Permit Condition I (2) of Permit No. WQCS00016 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 Mooresville Regional Office is providing the City of Albemarle an opportunity to provide evidence and justification as to why the City of Albemarle 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 201803601 12/9/2018 180 31601 NC HWY 740 Inflow and Infiltration 1,800 1,800 Notice of Violation 201803686 12/20/2018 390 1214 N, Second Street Severe Natural 7,800 7,800 Notice of Violation Condition w/ Intent to Enforce Ne:rteCa ra tr.)epart.reient of Eev:raerneetev ulv I r),,,rsvzle liNy'eter esour.ws 1',"=>aresv7,e Reg,oes: Dff,ee 610 East Center .A,,eeir.e„ 5j e 01 North 28115 Tr:A-6E2-169S Incident Start Duration Number Date (Mins) Location 201803687 12/20/2018 390 1436 US H 201803688 12/20/2018 201803689 12/20/2018 390 201803690 12/20/2018 390 31601 NC Hwy, 740 201803808 12/28/2018 120 31601 NC H 201803809 12/28/2018 60 1313 North 6th st. 390 1313 N 6th St 2 N Cause Severe Natural Condition Total Vol (Gals) 15,600 Severe Natural 19,5 Condition 42844 Vickers Store Rd, Severe Natural Condition Severe Natural Condition Total Vol Surface Water (Gals) DWR Action 1 „650 15,600 Notice of Violation w/ Intent to Enforce 19,500 Notice of Violation w/ Intent to Enforce 13,650 Notice of Violation w/ Intent to Enforce 11,700 11,700 Notice of Violation w/ Intent to Enforce 740 Inflow and Infiltration 1,200 1,200 Notice of Violation Inflow and Infiltration 600 600 Notice of Violation 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 (525,000.00) 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 W. Corey Basinger with the Water Quality Section in the Mooresville Regional Office at 704-663-1699 or via email at corey.basinger@ncdenr.gov, Sincerely, DocuSigned by: A14CC581AF27425... W, Corey Basinger, Regional Supervisor Water Quality Regional Operations Section Mooresville Regional Office Division of Water Resources, NCDEQ Cc: Mooresville Regional Office - WQS File Central Files, Water Quality Section Nc,rtr, :4 ,roA Depa rf,:e rtt of 5 .r,,,-ron rrte-r-,ta Qu.s,Ay I Dvo fW3tw R rg•orti Off 610' East r.2.er ter Ave 11,4*. Si4 le 30,1 1 kfxresv4 ye. Not rz,,,ns E4i.E 77)4 -6:ES-.165° CERTIFIED MAIL: 7017 2620 0000 6788 4569 RETURN RECEIPT REQUESTED February 01, 2019 Michael Ferris, City Manager City of Albemarle PO Box 190 Albemarle, NC 28002-0190 SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY Tracking No.: NOV-2019-DV-0088 Sanitary Sewer Overflows - December 2018 Collection System Permit No. WQCS00016 Albemarle Collection System Stanly County Dear Mr. Ferris: A review has been conducted of the self -reported Sanitary Sewer Overflows (SSO's) 5-Day Reports submitted by City of Albemarle. The Division's Mooresville Region& Office concludes that the City of Albemarle violated Permit Condition 1 (2) of Permit No. WQCS00016 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 Mooresville Regional Office is providing the City of Albemarle an opportunity to provide evidence and justification as to why the City of Albemarle should not be assessed a civil penalty for the violation(s) that are summarized below: Incident Nurnber Start Duration Date (Mins) Location Cause Total Vol (Gals) 201803601 12/9/2018 180 31601 NC HWY 740 Inflow and Infiltration 1„800 201803686 12/20/2018 390 1214 N, Second Street Severe Natural 7,800 7,800 Condition Total Vol Surface Water (Gals) DWR Action 1,800 Notice of Violation Notice of Violation w/ intent to Enforce Incident Start Duration Number Date (Mins) Location Cause 201803687 12/20/2018 390 1436 US Hwy 52 N Severe Natural Condition 201803688 12/20/2018 390 1313 N 6th St, Severe Natural Condition 201803689 12/20/20.18 390 42844 Vickers Store Rd, Severe Natural Condition 201803690 12/20/2018 390 31601 NC Hwy. 740 Severe Natural Condition Total Vol (Ga(s) 201803808 12/28/2018 120 31601 NC Hwy 740 Inflow and Infiltration 1,200 201803809 12/28/2018 60 1313 North 6th st. Inflow and Infiltration Total Vol Surface Water (Gals) DWR Action 15,600 15,600 Notice of Violation w/ Intent to Enforce 19,500 19,500 13,650 13,650 Notice of Violation w/ Intent to Enforce Notice of Violation w/ Intent to Enforce 11,700 11,700 Notice of Violation w/ Intent to Enforce 1,200 Notice of Violation 600 600 Notice of Violation 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 W. Corey Basinger with the Water Quality Section in the Mooresville Regional Office at 704-663-1699 or via email at corey.basinger©ncdenr.gov. Sincerely, DocuSigned by: c A14CC681AF27425... W. Corey Basinger, Regional Supervisor Water Quality Regional Operations Section Mooresville Regional Office Division of Water Resources, NCDEQ Cc: Mooresville Regional Office - WQS File Central Files, Water Quality Section P I 704.984.9605 F I 704.984.9606 Pup aft ALBEMARLE NORTH CAROLINA At Zaire( OF/Wece/4, February 13, 2019 North Carolina Department of Environment Quality Mooresville Regional Office 610 East Center Avenue, Suite 301 Mooresville NC 28115 ATN: W.Corey Basinger, Regional Supervisor Water Quality Regional Operations Section Mooresville Regional Office Division of Water Resources, NCDEQ Notice of Violation and 'Intent to Issue Civil Penalty Sanitary. Sewer Overflows December 2018 Collection System Permit No. WQCS00016 Albemarle Collection System Stanty County Dear Mr. Basinger, www,albemarlenc,gov PO Box 190 Albemarle, NC 28002 The purpose of this letter is to provide additional information for the consideration in the above referenced matter in accordance with your letter dated February 1st, 2019 and received by the City of Albemarle Collections ORC on February 1.3th 2018. This matter relates to the sanitary sewer overflows that the City of Albemarle experienced during the month of December 2018. The City ofAlbemarle experienced a heavy soaking rain of 8.25 inches on the South side of town and 5.60 inches on the north side of town, to an already saturated ground. The SSO that occurred during month De -ember, 2018 were due to snow melt and an all day and heavy rain events. Incident numbers 201803601, 201803808 and 201803690 are associated with a low manhole on the right hand leg of sewer main corning into the lift station next to Badin. Rd. When the lift station begins to back up this manhole is the lowest and tends to get capacitated :first. The city of Albemarle has a smart cover device installed in this manhole to let us know when flow starts to rise. This aids in the response time for the City of Albemarle to address the SSO. Incident number 201803689 is associated with a low laying manhole just outside of the Vickers Store Rd. lift station. This manhole overflowed due to a capacitated lift station. This manhole is just downstream of the smart cover system that alerts the City of Albemarle personnel to a possible overflow situation. Incident numbers .201.803686 and 201803687 are associated with hydraulic challenges and bottlenecks in the existing sewer main. This causes these low laying manholes upstream to overflow. P I 704.984.9605 F I 704.984.9606 RIP ALBEMARLE NORTH CAROLINA If/det`, 74 7aotal, 0/76weeurv, www.albernarlenc.gov PO Box 190 Albemarle, NC 28002 Incident numbers 201803688 and 201803809 are associated with a low rim elevation of a. manhole in a parking lot of an apartment complex upstream from server hydraulic conditions. These conditions cause two flows to be forced upon each other head on. This will be corrected in Phase 2 of our sewer replacement. Crews were dispatched at the call of the smart cover system* ORC was able to check live radar on smart phone to see that the rain event was going to end quickly. Collections ORC then dispatched the vactor truck to try and pump out of wet well in lift station to minimize or stop SSO at both above locations. Crews were able to pump approximately 8,000 gallons from wet well stopping SSO for incident number 201.803808. Also pumping out upstream manhole at incident number 201803688 in the form of 6,000 gallons to stop SSO. As soon as these SSO events stated above had stopped crews assess the areas and cleaned up using proper equipment and materials following the City of Albemarle SSO response procedure. This was followed up with a 24 hour verbal notification on the 10th to Ori Tuvia of NCDENR on 12/102018 at .10:15arn. Then reported through the 13IIVIs app on Form. CS-SSO and submitted on-12/11/2018 at 2:37pm. Incidents on the 20th of December were reported within 24 hour to Barry F Love of NCDENR on 12/21/2018. at 8:30am then to BIMs app on form CS-SSO on 1.2/22/2018 at 9:20am. Incidents that occurred on the 28th of December were reported 24 hour to Chris Chreighton of NCDENR on 12/28/201.8 at 5:50prn and then to BiMs app on form C.S-SSO on 1.2/31/2018 at .1:41pm. In summary these events outlined in the information above were due to a large amount of rain that our area experienced in a short time to an already saturated ground. The City of Albemarle has been working since 2011 to help reduce the number of overflows and the amount of I&I in ow' system. Since then we have completed the installation of water tight covers and vent pipes in the area associated with these SSO's. We have also been working closely with Spectra Shield on the lining of problem manholes in this part of the system and are continuing to work with them each budget year. Also some of these areas will he addressed in our phase 2 gravity sewer replacement which has been b:id and waiting on start date. The City of Albemarle Collection system ORC, ORC backup and Directors have also been. in contact with. having another I&1 study done this upcoming year on this part of the collection system. I have all the confidence that we as a system are working in the right direction with getting things accomplished. The City of Albemarle appreciates the opportunity to provide this information for consideration in this matter, it is hoped that we will be received favorably. If there are any more questions or information that is needed, please feel free to contact this office. Sincerely, Collection System ORC 704-961-6149 City of Albemarle ROY COOPER Governor MICHAEL S. REGAN secretary LINDA CULPEPPER Director NORTH CAROLINA Environmental Quality CERTIFIED MAIL: 7017 2620 0000 6788 4569 RETURN RECEIPT REQUESTED February 01, 2019 Michael Ferris, City Manager City of Albemarle PO Box 190 Albemarle, NC 28002-0190 SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY Tracking No.: NOV-2019-DV-0088 Sanitary Sewer Overflows - December 2018 Collection System Permit No, WQCS00016 Albemarle Collection System Stanly County Dear Mr. Ferris: A review has been conducted of the self -reported Sanitary Sewer Overflows (SSO's) 5-Day Report's submitted by City of Albemarle. The Division's Mooresville Regional Office concludes that the City of Albemarle violated Permit Condition I (2) of Permit No. WQCS00016 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 Mooresville Regional Office is providing the City of Albemarle an opportunity to provide evidence and justification as to why the City of Albemarle should not be assessed a civil penalty for the violation(s) that are summarized below: Incident Start Duration Number Date (Mins) Location 201803601 12/9/2018 201803686 12/20/2018 Cause Total Vol Total Surface Vol Water (Gals) (Gals) DWR Action 180 31601 NC HWY 740 Inflow and Infiltration 1,800 1,800 Notice of Violation 390 1214 N. Second Street Severe Natural Condition 7,800 7,800 Notice of Violation w/ Intent to Enforce North Caro t-1 D.p.artment of Erwironfrcellt 9US.thy 1)i,ion of Waller src?'S Moo reay.,* Rgr&Offiz*, I 610 Ea .5 C-ot.e-f Ave nue, .8.14e. 3.01 I Moore-3,411e, North a...to a 28115 704. e*-E,S. -1 ee Incident Start Duration Number Date (Mins) Location Cause Total Vol (Gals) 201803687 12/20/2018 390 1436 US Hwy 52 N Severe Natural Condition 201803688 12/20/2018 390 1313 N 6th St. Severe Natural Condition 15,600 201803689 12/20/2018 390 42844 Vickers Store Rd. Severe Natural Condition 201803690 12/20/2018 390 31601 NC Hwy, 740 Severe Natural Condition 201803808 12/28/2018 120 31601 NC Hwy 740 Inflow and Infiltration 201803809 12/28/2018 60 1313 North 6th st. Inflow and Infiltration 19,500 Total Vol Surface Water (Gals) DWR Action 15,600 Notice of Violation w/ Intent to Enforce 13,650 19,500 Notice of Violation w/ Intent to Enforce 13,650 Notice of Violation w/ Intent to Enforce 11,700 11,700 Notice of Violation w/ Intent to Enforce 1,200 1,200 Notice of Violation 600 600 Notice of Violation 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 W. Corey Basinger with the Water Quality Section in the Mooresville Regional Office at 704-663-1699 or via email at corey.basinger@ncdenr,gov. Sincerely, DocuSigned by: c Al4CC661AF27425... W. Corey Basinger, Regional Supervisor Water Quality Regional Operations Section Mooresville Regional Office Division of Water Resources, NCDEQ Cc: Mooresville Regional Office - WQS File Central Files, Water Quality Section North, Ca r011r na, Depa rtmentof Environmental Qua,trty I Dvsr ot Vrlater Resauroes re sva eg,ona Off, oe 1 CIO Ea a Center Avenue, Sule 301 1 Mc.resve, North, CAS.ro4rta 28. 1. updated Feb 2018 Collection System SSO 24-Hour Notification Collection System: Number and Name WQCS# Incident Number from BIMS 2018 h $06***00.01,0000**001110000060800.0**0********41110150011 NW Sit 000600010**0000111* 60**00000611****0 *01 Spill Date Reported Date /2.1079-0 Time 30 a Time Reported To SWP Staff or EM Staff Reported By Chr Address of Spill L2- 1-1" County (d,1 3 t7 City Cause of Spill Total Estimated Gallons Stream 1: 4-4-1 4.1 r p Phone 3 2 Est. Gal to Stream ?Sr 0 Fish Kill: Yes Number Species Non -Required Information and other comments relating to SSO incident: Response time minutes Zone Map Quad 1) MRO-PWS: Clint Cook or Mark Hahn PWS Ern, Cell Phone 704-677-4947 2) DHHS: Alexander County — Keith Rowland (828) 450-5842 All other Counties — Valerie Lott (704) 621-7956 **if you are unable to reach Keith or Valerie, call the 24/7 On Call Number: 1-888-820-0520 /3 verbal contact dateltime contact date/time Optional DHHS contact (consult with Corey/Andrew before contacting): Brian Combs (919) 546-1823 contact date/time contact dateltime cntact date/time contact date/time State of North Carolina. Department of Environment and NaturalResources Division of Water Resources Collection System Sanitary Sewer Overflow Reporting Form Form CS-SSO PART I: This form shall be submitted to the appropriate DWQ Regional Office within five days of the first knowledge of the sanitary sewer overflow (SSD), Permit Number: WQCS00016 (WQCS# if active, otherwise use WQCSD#) Facitity: Albemarle Collection System Owner: City of Albemarle Incident tit 201803686 coty: Albemarle County: Stanly Region: Mooresville Source of SSO (check applicable): El Sanitary Sewer 0 Pump Station Lift Station SPECIFIC location of the SSO (be consistent in description from past reports or documentation i.e. Pump Station 6, Manhole at Westall & Bragg Street, etc): 1214 N. Second Street Manhole # CLEAN OUT Latitude (Decimal Degrees): Longitude (Decimal Degrees): Incident Started Dt. 12/20/2018 Time: 5:30 pm Incident End Dt: 12/21/2018 Time: 12:00 am (mm-dd-yyyy) (hh:mrn AM/PM) (mrn-dd-yyyy) (hh:rnm AM/PM) Estimated Volume of the SSO: 7,800 gallons Estimated Duration (Round to nearest hour): 6:30 hours Describe how the volume was determined: estimated Weather conditions during the SSO event: heavy all day rain event Did SSO reach surface waters? El Yes 0 No 0 Unknown Volume reaching surface waters (gals): 7800 Surface water name: Little Long Creek Did the SSO result in a fish ior 0 Yes El No El Unknown If Yes, what is the eshmated number of fish killed? SPECIFIC cause(s) of the SSO: Severe Natural Condit( 24 hour verbal notification (name of person contacted ): Barry F Love DWR Ei Emergency Mgmt Date (mm-dd-yyy) 12/21/2018 Time (hh:mm AM/PM): 08:30:00 a If an SSO is ongoing, please notify the appropriate Regionat Office on a daily basis until SSO can be stopped. Per G.S. 143-215,1C(b), the responsible party of a discharge of 1,000 or more of untreated wastewater to surface waters shall issue a press release within 24-hours of first knowledge to all print and electronic news media providing general coverage in the county where the discharge occurred, When 15,000 gallons or more of untreated wastewater enters surface waters, a nubile notice shall be published within 10 days and proof of publication shall be provided to the Division within 30 days.. Refer to the reference statute for further detail. The Director, Division of Water Resources, may take enforcement action for SSOs that are required to be reported to Division unless it is demonstrated that: 1) the discharge was cause by sever natural conditions and there were no feasible alternative to the discharge: or 2) the discharge was exceptional, unintentional: temporary and caused by factors beyond the reasonable control of the Permittee and/or owner, and the discharge could not have been prevented by the exercise of reasonable control Part 11 must be completed to provide a justification claim for either of the above situations. This information will be the basis WHETHER OR NOT PART I I IS COMPLETED A SIGNATURE IS REQUIRED AT THE END OF THIS FORM CS-SSO Form Page: ANSWER THE FOLLOWING QUESTIONS FOR EACH RELATED CAUSE CHECKED IN PART OF THIS FORM AND INCLUDE THE APPROPRIATE DOCUMENTATION AS REQUIRED OR DESIRED COMPLETE ONLY THOSE SECTONS PERTAINING TO THE CAUSE OF THE SSO AS CHECKED IN PART I do the check boxes below, NA = Not Applicable and NE = Not Evaluated) A HARDCOPY OF THIS FORM SHOULD BE SUBMITTED TO THE APPROPRIATE DWR REGIONAL OFFICE UNLESS IS Severe Natural Condition Describe the 'severe natural condition" in detail? All day rain event. 2+ of rain on top of an already saturated ground. How much advance warning did you have and what actions were taken in preparation for the event? via local news station 24 hours advance warmne, we told all vector truck personnel to be on stand. we also contacted the 52 water treatment plant and had them shut down the EQ ham and the street division to shut down all water hauling from land fill, Comments: The bid wdl go out in janfor the phase 2eplacement of the trunk line in hopes of preventing this sso in the future. System Visitation OR C n Yes Backup IA Yes Name: christopher palmer Cort# 996205 Date vls$ted' 12/20/2018 Time visited, 5:30pm How was the SSO remediated (i.e. Stopped and cleaned up)? Cleaned up all debriswashed area down and spread lime in the effected area. CS-SSO Form Page 2 a representative for the respr nslble party, l certdfy that the infer ati n contained in this report is trod and ac best of my knowledge urats t e Berson subrrritt ng clai Christopher Palmer ognatrrre Telephone Number: late: 121221 8 gg 00 an Title: Any addition information desired to be submitted should be sent to the appropriate Division Regional Office within five days of fir, knowledge of the SSO with reference to the incident number the ncident number is only generated when electronic entry of this form is completed, if used . CS-SSO Form Page. updated Feb 2018 Collection System SSO 24-Hour Notification Collect on System: Number and Name WQCS# Incident Number from BIMS 2018 Ausrottosum•Rosommoommotaniitn•o*woomalotonliminalemouguArsomilIMINIMIRIVINIIIIIIIIIIIIIINt.11.111111111*****INIAAroatiesses****A Spill Date Reported Date Time 5 tr 30 am Time C tVP Reported To SWP Staff or EM Staff Reported By ec, Address of of Spill County 5 Cause of Spill Total Estimated Gallons Stream 1,144-1 Phone Est. Gal to Strea Fish Kill: Yes Number Species Non -Required Information and other comments relating to SSO incident: Response time minutes Zone Map Quad " A 1) MRO-PWS: Clint Cook or Mark Hahn 11.'11 q verbal contact date/time PWS Em. Cell Phone 704-677-4947 contact date/time 2) DHHS: Alexander County — Keith Rowland (828) 450-5842 All other Counties — Valerie Lott (704) 621-7956 **If you are unable to reach Keith or Valerie, call the 24/7 On Call Number: 1-888-820-0520 contact date/time 2 contact date/time contact date/time Optional DHHS contact (consult with Corey/Andrew before contacting): Brian Combs (919) 546-1823 contact date/time State of North Carolina Department of Environment and Natural Resources Division of Water Resources Collection System SanitarySewer Overflow Reporting Form O Form CS-SSO PART is This form shall be submitted to the appropriate DWQ Regional Office within five days of the first knowledge of the sanitary sewer overflow (SSO). Permit Number: WQCS00016 (WQCS# if active, otherwise use WQCSD#) Facility: Albemarle Collection System Owner: City of Albemarle Incident #: 201803687 City: Albemarle Source of SSO (check applicable): County: Stanly Region: Mooresville E Sanitary Sewer Pump Station / Lift Station SPECIFIC location of the SSO (be consistent in description from past reports or documentation - Le. Pump Station 6, Manhole at Westall & Bragg Street, etc): 1436 US Hwy 52 N Manhole #: 1163 Latitude (Decimal Degrees): Longitude (Decimal Degrees): Incident Started Dt: 12/20/2018 Time. 5:30 pnn Incident End Dt: 12/21/2018 Time: 12:00 am (mrn-dd-yyyy) (hh:mm AM/PM) (mm-dd-yyyy) (htirnm AM/PM) Estimated Volume of the SSO: 15.600 gallons Estimated Duration (Round to nearest hour): 6:30 hours Describe how the volume was determined: estimated Weather conditions during the SSO event: heavy all day rain event Did SSO reach surface waters? 0 Yes D No 0 Unknown Volume reaching surface waters (gals): 15600 Surface water name: Little Long Creek Did the SSO result in a fish kill? Yes El No D Unknown If Yes, what is the e:stimated number of fish killed? SPECIFIC cause(s) of the SSO: El Severe Natural Conditi 24 hour verbal notification (name of person contacted ): Barry F Love DWR 0 Emergency Mgmt Date (mm-dd-yyy): 12/21/2018 Time (hh:mm AM/PM): 08:30 00 am If an SSO is ongoing, please notify the appropriate Regional Office on a daily basis until SSO can be stopped. Per G.S. 143-215.1C(b), the responsible party of a discharge of 1,000 or more of untreated wastewater to surface waters shall issue a press release within 24-hours of first knowledge to all print and electronic news media providing general coverage in the county where the discharge occurred. When 15,000 gallons or more of untreated wastewater enters surface waters, a public notice shall be published within 10 days and proof of publication shall be provided to the Division within 30 days, Refer to the reference statute for further detail, The Director Division of Water Resources, may take enforcement action for SSOs that are required to be reported to Division unless it is demonstrated that: 1) the discharge was cause by sever natural conditions and there were no feasible alternative to the discharge; or 2) the discharge was exceptional, unintentional, temporary and caused by factors beyond the reasonable control of the Permittee and/or owner, and the discharge could not have been prevented by the exercise of reasonable control. Part II must be completed to provide a justification claim for either of the above situations. This information will be the basis WHETHER OR NOT PART III IS COMPLETED, A SIGNATURE IS REQUIRED AT THE END OF THIS FORM CS-SSO Form Page: ANSWER THE FOLLOWING QUESTIONS FOR EACH RELATED CAUSE CHECKED IN PART I OF THIS FORM AND INCLUDE THE APPROPRIATE DOCUMENTATION AS REQUIRED OR DESIRED COMPLETE ONLY THOSE SECTORS PERTAINING TO THE CAUSE OF THE SSO AS CHECKED IN PART I tin the check boxes below, NA = Not Applicable and NE = Not Evaluated) A HARDCOPY OF THIS FORM SHOULD BE SUBMITTED TO THE APPROPRIATE DWR REGIONAL OFFICE UNLESS IS Severe Natural Condition Describe the "'severe natural condition" in detail? All day rain event, 2+" of tain op top of an already saturated ground How much advance warning did you have and what act or were taken in preparation for the event2 via local news station 24 hours advance warning. we told all vactor truck personnel to be on stand. we also contacted the 52 water treatment plant and had them shut down the EQ basin and the street division to shut down all water hauling from and fill. Comments. The big MI go out in al for the phase 2 replacement in hopes that it wiil prevent this sso in the future, System Visitation ORC ri Yes t. Backup 0 Yes Name christopher pointer Ced# 996205 Date Nosited 12/20/2018 Time visited, 5.30 OM How was the SSO remediated (i e Stopped and cleaned Upy? after the sacs subsided we cleaned up all debris and washed paripno lot S-SSO Form Page 2 a representative for the responsible party, certify that the information contained in this report is true and accurate to the best of my knowledge Person submitting claim: Christopher L Palmer Date- 12/22/18 08'50 am Signature: Title: Telephone Number: Any addition information desired to be submitted should be sent to the appropriate Division Regional Office within five days of first knowledge of the SS( with reference to the lncident number (the incident number is only generated when electronic entry of this form is completed, if used), CS-SSO Fount Page updated Feb 2018 Collection System SSO 24-Hour Notification Collection System: Number and Name WQCS# o C7C' Incident Number from BIMS 2018 0 '3 6 t5 t•********1111100111411*IIII11**111 1***111111111111*****41111111111111***. 0lli100ll0*O0116****11111111*****1111*******0410111****1 Spill Date Reported Date Time 5.." 3 C7 am/0 Time g; c7/pni Reported To SWP Staff or EM Staff 137 if< tli•F/ Reported By Cr 5 Address of Spill County Cause of Spill Total Estimated Gallons '3 5 )( City A I / Phone Est, Gal to Stream 9) S 0(2 Stream M c fir Fish Kill: Yes Number Species Non -Required Information and other comments relating to SSO incident: Response time minutes Zone Map Quad k 1) MRO-PWS: Clint Cook or Mark Hahn PWS Em. Cell Phone 704-677-4947 2) DHHS: Alexander County — Keith Rowland (828) 450-5842 All other Counties — Valerie Lott (704) 621-7956 **If you are unable to reach Keith or Valerie, call the 2417 On Call Number: 1-888-820-0520 CT erbal contact date/tim e contact date/time Optional DHHS contact (consult with Corey/Andrew before contacting}: contact date/time contact date/time contact date/time Brian Combs (919) 546-1823 contactd e e State of North Carolina Department of Environment and Natural Resources Division. of Water Resources Collection System Sanitary Sewer Overflow Reporting Form Form CS-SSO PART 1: This form shall be submftted to Lhe appropriate DWQ Regional Office within five days of the first knowledge of the sanitary sewer overflow (SSO). Permit Number: WOCS00016 Facility: Albemarle Collection System (WQCS# if active, otherwise use WQCSD#) Owner: City of Albemarle In dent #: 201803688 City: Albemarle Source of SSO (check applicable): County; Stanly Region: Mooresville El Sanitary Sewer El Pump Station / Lift Station SPECIFIC location of the SSO (be consistent in description from past reports or documentation - i.e. Pump Station 6, Manhole at Westall & Bragg Street, etc): 1313 N 6th St. Manhole #: 1252 Latitude (Decimal Degrees): Longitude (Decimal Degrees): Incident Started Dt: 12/20/2018 Time: rnm-dd-yyyy) Estimated Volume of the SSO: 19,500 5:30 pm Incident End Dt: 12/21/2018 Time: 12:00 am (hh:mm AM/PM) (mm-dd-yyyy) (hh:mm AM/PM) gallons Estimated Duration (Round to nearest hour): Describe how the volume was determined: estimated 6:30 hours Weather conditions during the SSO event: heavy all day rain event Did SSO reach surface waters? El Yes El No 0 Unknown Volume reaching surface waters (gals). 19500 Surface water name: Melchor Branch Did the SSO result in a fish kill? El Yes D No El Unknown If Yes, what is the estimated number of fish killed? SPECIFIC cause(s) of the SSO: El Severe Natural Conditi 24 hour verbal notification (name of person contacted ): Barry F Love DVVR. 0 Emergency Mgmt Date (mm-dd-yyy): 12/21/2018 Time (hh:mm AM/PM): 08:30:00 am If an SSO is ongoing, please notify the appropriate Regional Office on a daily basis until SSO can be stopped.. Per G.S. 143-215.1C(b), the responsible party of a discharge of 1,000 or more of untreated wastewater to surface waters shall issue a press release within 24-hours of first knowledge to all print and electronic news media providing general coverage in the county where the discharge occurred. When 15,000 gallons or more of untreated wastewater enters surface waters, a public notice shall be published within 10 days and proof of publication shall be provided to the Division within 30 days. Refer to the reference statute for further detail, The Director, Division of Water Resources, may take enforcement action for SSOs that are required to be reported to Division unless it is demonstrated that: 1) the discharge was cause by sever natural conditions and there were no feasible alternative to the discharge; or 2) the discharge was exceptional, unintentional, temporary and caused by factors beyond the reasonable control of the Permittee and/or owner, and the discharge could not have been prevented by the exercise of reasonable controL Part II must be completed to provide a justification claim for either of the above situations. This information will be the basis WHETHER OR NOT PART III IS COMPLETED A SIGNATURE IS REQUIRED AT THE END OF THIS FORM CS-SSO Form Page: ANSWER THE FOLLOWING QUESTIONS FOR EACH RELATED CAUSE CHECKED IN PART I OF THIS FORM AND INCLUDE THE APPROPRIATE DOCUMENTATION AS REQUIRED OR DESIRED COMPLETE ONLY THOSE SECTORS PERTAINING TO THE CAUSE OF THE SSO AS CHECKED IN PART I (In the check boxes below, NA = Not Applicable and NE = Not Evaluated) A HARDCOPY OF THIS FORM SHOULD BE SUBMITTED TO THE APPROPRIATE DWR REGIONAL OFFICE UNLESS IS Severe Natural Condition Describe the °'severe natural condition in detail? All day heavy rain event +" of rain on top of an already saturated ground. How much advance warning did you have and what actions were taken in preparation for the event via local news station 24 hours advance warning. we told all vector truck personnel to be on stand. we also contacted the 52 water treatment plant and had them shut down the EQ basin and the street division to shut down all water haulin from land The bid is going rte t Visitation ORC Backup Name: u n lan for the phase 2, replace ent o he trunk line in hopes that it will prevent this sso in the future. topher palcner Oert 996205 Date visited: 12/ 0/ 018 Time visited:. 0 pm Yes WI Yes How was the SSO rernediated (I.e. Stopped and cleaned up)? we were able to prevent 25,000 gal from reaching the creek via vector truckafter the seta stopped we cleaned up debris washed parking lot, CS-SSO Form Page representative for the responsible party, I certify tha best of my knowledge: he Info ntaned in this report Is true and accurate trs the Person suhrnittin clairrii ignatur: hnstopher L Palene Telephone Number Date;, 1ll1 08 arrt Title: Any addition information desired to be submitted should be sent to the appropriate Division Regional Office within five days of first knowledge of the SSO with reference to the incident number (the incident number is only generated when electronic entry of thin form is completed, if used), CS-SSO Form Page` updated Feb 2018 Collection System SSO 24-Hour Notification Collection System: Number and Name WQCS# 000 L Incident Number from BIMS 2018 05 9 11111111.8.11111011111111111111411011110.11.11111111111 1 1111S.410111111111111,11111119111W111100111*.11101111III111*0**1011112011111111111111 1 0**1 Spill Date 12 2.-.0 I Time 5:- Reported Date 1 (- 4 i Time Reported To SWP Staff or EJ §taff Reported By Address of Spill County Cause of Spill Total Estimated Gallons City Pm Stream ME. 4 .1(v1 Fish Kill: Yes Est. Gal to Stream Number Species Non -Required Information and other comments relating to SSO incident: Response time minutes Zone Map Quad 1) MRO-PWS: Clint Cook or Mark Hahn PWS Em. Cell Phone 704-677-4947 2) DHHS: Alexander County — Keith Rowland (828) 450-5842 All other Counties — Valerie Lott (704) 621-7956 **If you are unable to reach Keith or Valerie, call the 24/7 On Call Number: 1-888-820-0520 contact date/time Optional DHHS contact (consult with Corey/Andrew before contacting): Brian Combs (919) 546-1823 con tact date/time verbal contact date/time contact date/time contact date/time :2 Ta ....contact date/time State of North Carolina Department of Environment and Natural Resources Division of Water Resources Collection System Sanitary Sewer Overflow Reporting Form Form CS-SSO PART 1: This form shall be submitted to the appropriate DWQ Regional Office within five days of the first knowledge of the sanitary sewer overflow (SSO) Permit Number' WQCS00016 (WQCS# if active, otherwise use WQCSD#) Facility: Albemarle Collection System Owner: City of Albemarle City: Albemarle Source of SSO (check applicable): Incident 201803689 County: Stanly Region: Mooresville to Sanitary Sewer El Pump Station f Lift Station SPECIFIC location of the SSO (be consistent in description from past reports or documentation - i.e. Pump Station 6, Manhole at Westall & Bragg Street, etc): 42844 Vickers Store Rd, Manhole #: 1196 Latitude (Decimal Degrees): Longitude (Decimal Degrees): Incident Started Dt: 12/20/2018 Time: 5:30 pm Incident End Dt: 12/21/2018 Time: 12:00 am (mm-dd-yyyy) (hh:mm AM/PM) (mm-dd-yyyy) (hh:mm AM/PM) Estimated Volume of the SSO: 13,650 gallons Estimated Duration (Round to nearest hour): 6:30 hours Describe how the volume was determined: Weather conditions during the SSO event: Did SSO reach surface waters? estimated heavy all day rain event El Yes 0 No 0 Unknown Surface water name: Mountain Creek Volume reaching surface waters (gals). 13650 Did the SSO result in a fish kill? 0 Yes El No 0 Unknown If Yes, what is the estimated number of fish killed? SPECIFIC cause(s) of the SSO: El Severe Natural Conditi, 24 hour verbal notification (name of person contacted ) Barry F Love DWR El Emergency Mgmt Date (mm-dd-yyy): 12/21/2018 Time (hh mm AM/PM). 08:30:00 am If an SSO is ongoing, please notify the appropriate Regional Office on a daily basis until SSO can be stopped. Per G.S. 143-215.1C(b), the responsible party of a discharge of 1 t000 or more of untreated wastewater to surface waters shall issue a press release within 24-hours of first knowledge to all print and electronic news media providing general coverage in the county where the discharge occurred. When 15,000 gallons or more of untreated wastewater enters surface waters, a public notice shall be published within 10 days and proof of publication shall be provided to the Division within 30 days. Refer to the reference statute for further detail. The Director, Division of Water Resources, may take enforcement action for SSOs that are required to be reported to Division unless it is demonstrated that: 1) the discharge was cause by sever natural conditions and there were no feasible alternative to the discharge, or 2) the discharge was exceptional, unintentional, temporary and caused by factors beyond the reasonable control of the Permittee and/or owner, and the discharge could not have been prevented by the exercise of reasonable control. Part II must be completed to provide a justification claim for either of the above situations, This information will be the basis WHETHER OR NOT PART III IS COMPLETED, A S NATURE IS REQUIRED AT THE END OF THIS FORM CS-SSO Form Page: PART II: ANSWER THE FOLLOWING QUESTIONS FOR EACH RELATED CAUSE CHECKED IN PART I OF THIS FORM AND INCLUDE THE APPROPRIATE DOCUMENTATION AS REQUIRED OR DESIRED COMPLETE ONLY THOSE SECTONS PERTAINING TO THE CAUSE OF THE SSO AS CHECKED IN PART (In the check boxes below, NA = Not Applicable and NE = Not Evaluated) A HARDCOPY OF THIS FORM SHOULD BE SUBMITTED TO THE APPROPRIATE DVVR REGIONAL OFFICE UNLESS IS Severe Natural Condition Describe the "'severe natural condition" in detail? All day heavy rain event, 2+" of rain on top of an already saturated ground. How much advance warning did you have and what actions were taken in preparation for the event? Via local new station 24 hours advance warning. We told all vector truck personnel to be on stand by. We also contacted 52 water plant and had them shut down ECI basin and the street division to shut down all water haulinq from the land fill, Comments: we are in the process of getting a sewer study done of ell lines that come into near by lift station to find I and I in hopes to prevent this sso in the future, System Visitation ORC Backup Name chnstopber palmer Cen# 996205 Date visited: 12/20/2018 Time visited: 530 pm How was the SSO rernediated (.e. Stopped and cleaned up)? n Yes IA Yes We were able to revent 7 500 al from reachin creek via vector truck, After the sso subsided we checked area around MH plus walked creek bank but no debris was found. we spread lime in the affected area around H. CSSSO Form Page 2 resentat ve for the responsible party, I certify that the info rrr at on contained in this rep rt i true and accurate to the of my knowledge. Person submitting claim- Christopher L Palmer Signature;_ Telephone Number Date 12/22/18 09:20 am Title: Any addition informationdesired to be submitted should be sent to the appropriate Division Regional Office within five days of firi knowledge of the SSO with reference to the incident number (the incident number is only generated when electronic entry of this form is completed, if used) S- 0 Form Page: updated Feb 2018 Collection System SSO 24-Hour Notification Collection System: Number and Name WQCS# °CO '36 C Incident Number from BIMS 2018 #(II# 11*114***8******11111****************114**Wit********110111*0011* 111***11111110111******111011****01*****00104 Spill Date 1 2 2,0 5 3 C Time - -" Reported Date/ -2- Time am/ pie Pm Reported To SWP Staff or EM Staff Reported By C Phone Address of Spill 3 1 6 0 1 eq_r_ County 0( Cause of Spill City A Total Estimated Gallons Stream Al 4,14 Fish Kill: Yes Est, Gal to Strea 7c7 o umber Species Non -Required Information and other comments relating to SSO incident: Response time minutes Zone Map Quad 1) MRO-PWS: Clint Cook or Mark Hahn p. PWS Em, Cell Phone 704-677-4947 2) DHHS: Alexander County — Keith Rowland (828) 450-5842 All other Counties — Valerie Lott (704) 621-7956 I 2 z "If you are unable to reach Keith or Valerie, call the 24/7 On Call Number: 1-888-820-0520 Optional DHHS contact (consult with Corey/Andrew before contacting): Brian Combs (919) 546-1823 ci 3 CZ verbal contact date contact da contact date/time .contact date/time contact date/time contactdate/time %Won of Water imam State of North Carolina Department of Environment and Natural Resources Division of Water Resources Collection System SanitarySewer Overflow Reporting Form Form CS-SSO PART 1: This form shall be submitted to the appropriate DWQ Regional Office "[thinfivevedas of the first knowledge of the sanitary sewer overflow (SSO), Permit Number: WQCS00016 (WQCS# if active, otherwise use WQCSD#) FacilityAlbemarle Collection System Incident 4 201803690 Owner: City of Albemarle City- Albemarle Source of SSO (check applicable) County Stanly Region: Mooresville El Sanitary Sewer Pump Station / Lift Station SPECIFIC location of the SSO (be consistent in description from past reports or documentation - i.e. Pump Station 6, Manhole at Westall & Bragg Street, etc): 31601 NC Hwy. 740 Manhole #: 879 Latitude (Decimal Degrees). Longitude (Decimal Degrees): Incident Started Dt: 12/20/2018 Time: 5:30 pm Incident End Dt: (mm-dd-yyyy) (hh:mm AM/PM) Estimated Volume of the SSO: 11,700 12/21/2018 Time' 1200 am (mm-dd-yyyy) gallons Estimated Duration (Round to nearest hour). Describe how the volume was determined. estimated (hh'mm AM/PM) 6:30 hours Weather conditions during the SSO event: heavy all day rain even Did SSO reach surface waters? 0 Yes El No fl Unknown Surface water names Mountain Creek Volume reaching surface waters (gals) 11700 Did the SSO result in a fish kill? D Yes El No El Unknown If Yes, what is the estimated number of fish killed? 0 SPECIFIC cause(s) of the SSO: IA Severe Natural Condit), 24 hour verbal notification (name of person contacted): Barry F Love DWR J Emergency Mgrnt Date (nnm-dd-yyy): 12/21/2018 Time (hh:mm AM/PM): 0 -30:00 am If an SSO is ongoing, please notify the appropriate Regional Office on a daily basis until SSO can be stopped. Per G.S. 143-215„1C(b), the responsible party of a discharge of 1,000 or more of untreated wastewater to surface waters .shall issue a press release within 24-hours of first knowledge to all print and electronic news media providing general. coverage in the county where the discharge occurred.. When 15,000 gallons or more of untreated wastewater enters surface waters, a public notice shall be published within 10 days and proof of publication shall be provided to the Division within 30 days. Refer to the reference statute for further detail. The Director, Division of Water Resources, may take enforcement action for SSOs that are required to be reported to Division unless it is demonstrated that: 1) the discharge was cause by sever natural conditions and there were no 'feasible alternative to the discharge, or 2) the discharge was exceptional, unintentional, temporary and caused by factors beyond the reasonable control of the Permittee and/or owner, and the discharge could not have been prevented by the exercise of reasonable control, Part II must be completed to provide a Justification claim for either of the above situations. This information will be the basis WHETHER OR NOT PART 111 S COMPLETED, A SIGNATURE IS REQUIRED AT THE END OF THIS FORM CS-SSO Form Page PART ANSWER THE FOLLOWING QUESTIONS FOR EACH RELATED CAUSE CHECKED IN PART I OF THIS FORM AND INCLUDE THE A-PROPRIATE DOCUMENTATION AS REQUIRED OR DESIRED COMPLETE ONLY THOSE SECTONS PERTAINING TO THE CAUSE OF THE SSO AS CHECKED IN PART I (In the check boxes below, NA Not Applicable and NE = Not Evaluated) A HARDCOPY OF THIS FORM SHOULD BE SUBMITTED TO THE APPROPRIATE DWR REGIONAL OFFICE UNLESS IS Severe Natural Condition Describe the "severe natural conditiorE in detail? All day heavy an event 2+ of rain on top of an a ready saturated round, How much advance warning dld you have and what actions were taken in preparation for the event? via local news station 24 hours advance warning, we told all vector truck personnel to be on stand, we also contacted the 52 water treatment plant and had them shut down the EQ basin and the street division to shut down all water hauling from land Comments: we are in the process of petrel a sewer study of all lines that come into nearby lift station to find landl in hopes to prevent this sso in the future, System Visitation ORE n Yes Backup pl. Yes Name christopher palmier Cert# 996205 Date visited: 12120/2018 Trrie visited: 5'30 pm How was the SSO remediated (i.e. Stopped and cleaned up)? After sae subsided we checked area around MH Ids walked creek hanks for debris but none was found, we spread Brie around MH in affected area, CS-SSO Form Page: 2 esentatve far the responsible party, I certify tha of my knowledge: Person submitting claim Christopher L Palrrrer Signature he info ation contained in this report is true and accurate to the Telephone Number: Date: 1 / /1 09 1 0 am Title; Any addition information desired to be submitted should be sent to the approprsate Division Regional Office wrthrn five days of first knowledge of the SSO with reference to the incident number (the incident number is only generated when electron, entry of this form is completed, if used). CS SO'Form Page Violator: Case #: NCDEQ - Division of Water Resources Water Quality Regional Office Operations Section - Mooresville Sanitary Sewer Overflow Penalty Matrix ASSESSMENT FACTORS G.S. 143E-282 1. Harm: 2, Duration and G vity of the Violation 3. Effect on Water Quantity or Quality: 4. Cost of Rectifying Damage: 5. Amount saved by Noncompliance: 6. Violation was committed willfully or intentionally:. 7. Prior record of failing to comply with Sanitary Sewer Overflows: 8. Enforcement Costs: PENALTY AMOUNT: Comments: Oncr, Assessor: Date: Violator: Case #: NCDEQ - Division of Water Resources Water Quality Regional Office Operations Section - Mooresville Sanitary Sewer Overflow Penalty Matrix SSO Date: ASSESSMENT FACTORS G.s.1438-282.1(b) 1. Harm: 2. Duration and Gravity of the Violation 3. Effect on Water Quantity or Qua 4. Cost of Rectifying Damage: 5. Amount saved by Noncompliance: 6. Violation was committed willfully or intentionally: 7 Prior record of failing to comply with Sanitary Sewer Overflows: 8. Enforcement Costs: PENALTY AMOUNT: Comments: Assessor: Date: NCDEQ - Division of Water Resources Water Quality Regional Office Operations Section - Mooresville Sanitary Sewer Overflow Penalty Matrix Violator: Case #: ASSESSMENT FACTORS G.s. 143B-282.1(b) I. Harm: 2. Duration and Gravity of the Violation on Water Quantity or Quality: 4. Cost of Rectifying Damage: 5. Amount saved by Noncorpiiance: 6. Violation was committed willfully or intentionally: 7. Prior record of failing to comply with Sanitary Sewer Overflows: 8. Enforcement Costs: PENALTY AMOUNT: Comments: Assessor: Wate Violator: Case #: ASSESSMENT FACTORS G.S, 143B-282,1(b) 1. Harm: 2. Duration and Gravity of the Violation 3. Effect on ater Quantity or Quality: 14. Cost of Rectifying Damage: Amount saved by Noncompliance: 6. Violation was committed willfully or intentionally: 7. Prior record of failing to comply with Sanitary Sewer Overflows: 8. Enforcement Costs: PENALTY AMOUNT: Comments: NCDEQ - Division of Water Resources uality Regional Office Operations Section - Mooresville Sanitary Sewer Overflow Penalty Matrix Assessor:. C BA-S, n �° Date: -c c 'T