WQCS00073_DV-2020-0098 Response_20200527

SEP :l 8 2020
DWROS
north car &T'fTJT&FVifLF RAON/L dy. Elmore Jr.
Mayor Pro Tem
Chuck Tumage
Council Members
city of' dunn J. Wesley Sills
April L. Gaulden
POST OFFICE BOX 1065 e DUNN, NORTH CAROLINA 28335
[phone] e FAX [phone]
www.dunn-nc.org
September 8, 2020
PERCS Branch
Division of Water Resources
1617 Mail Service Center
Raleigh, NC 27699-1617
and
Trent Allen, Regional Supervisor
Water Quality Regional Operations Section
Fayetteville Regional Office
Division of Water Resources, NCDEQ
225 Green Street — Suite 714
Fayetteville, NC 28301-5043
RE: NOTICE OF VIOLATION & ASSESSMENT OF CIVIL PENALTY
CASE NO.: DV-2020-0098
Sanitary Sewer Overflows — February 2020
Collection System Permit No. WQCS00073
Dunn Collection System
Harnett County
To Whom it may concern,
Frank McLean
Billy Tart
Dr. David L. Bradham
City Manager
Steven Neuschafer
The City of Dunn appreciates the opportunity to request remission for the Civil
Penalty dated August 24, 2020, for Sanitary Sewer Overflows (SSOs) incidents #
202000378 and 2020000382 that occurred on February 7, 2020. It is our intent that
this response will provide sufficient additional information regarding the
incident and the enclosed remission request.

Cause of non-compliance:
During the month of February, the City of Dunn measured 5.73 inches of rainfall
with 4.32 inches falling on February 6th and February 7h. The severe natural
condition resulted in localilzed flooding and caused the collection system to
become enudated with flow which led to the 720,000 gallon sewer overflow at
East Side Pump Station and a 2,130,000 gallon spill at manhole BR-8 on the Black
River Outfall Line.
Remedial Action Taken:
o The City recently received a State Reserve Loan in the amount of
$2,750,000 to upgrade the deteriorated aeration piping and blowers at the
WWTP. Due to the deteriorated air piping, the WWTP limits the amount
of flow through the plant in an effort to minimize damaging the aearation
piping any further. Therefore, once the 3MG equalization tank reaches
capacity, the collection system will surcharge at manhole# BREB on the
Black River Outfall line. Notice to proceed was issued to the Contractor on
11-11-19. Construction is approixmatley 40% complete. In August, 2020,
the wastewater treatment plant's capacity went to 50% as one treatment
train was taken out of service in order to install the air piping.
o A $150,000 Wastewater Asset Inventory and Assessment grant was
awarded in March 2019 to assist with the funding needed to plan current
and future collection system and WWTP Capital Improvement Projects.
We are actively working with WithersRavenel on this project and expect
the project to be complete by the last quarter of 2020.
o As a result of damage we feel was sustained to the collection system
during Hurricane Florence, the City applied and received $142,500 in
October 2019, to assist with conducting a sanitary sewer evaluation
including smoke testing, flow monitoring, and CCTV inspection. CCTV
inspection work, flow testing, and smoke testing has been completed to
date. The City applied for an additional $313,586 to repair approximately
2,230 LF of sewer main that was found to be contributing significant
amount of inflow and infiltratation. Golden LEAF awarded the additional
funds in August 2020. The repair project is currently in design phase with
WithersRavenel with an estimate completion date of August 2021.

o The City of Dunn has an ongoing collection system cleaning and TV
inspection program. I&I issues that are repairable by City employees are
addressed immediately. From July 1, 2019 to June 30, 2020, the City has
cleaned approximately 44,300 LF.
o In July 2020, the City replaced approximately 360 LF of 8" sewer main on
South McKay Ave that had collapsed at a cost of $60,401.86. In August,
the City replaced approximately 330 LF of 8" sewer main on E. Vance
Street at a cost of approximately $8,000. Table 1 lists additional collection
system work completed during the month of August at a cost of
approximately $1,500.
Table 1- Additional Work Completed during the month of August
511, 601, & 604 E
TOWNSEND
CLEANOUT REPAIR
502,512, & 514 E
GRANVILLE
CLEANOUT REPAIR
502 E GRANVILLE
LATERAL ON RIGHT OF WAY WAS CRACKED. WE CUT OUT AND
REPAIRED
709 E GRANVILLE
CLEANOUT REPAIR
903 & 911 N
MAGNOLIA
CLEANOUT REPAIR
104 N JACKSON
CLEANOUT REPAIR
411 E SURLES
CLEANOUT REPAIR
713 LINCLON ST
CLEANOUT REPAIR
307 BURKE ST
CLEANOUT REPAIR
610 E JOHNSON
CLEANOUT REPAIR
511 E JOHNSON
CLEANOUT REPAIR
106 E COLE
HAD TO REPLACE COMBINATION AND CLEANOUT STACK
206 N WILSON
CLEANOUT REPAIR
911 N WILSON
CLEANOUT REPAIR
1006 N WILSON
REPLACED 2 LF OF SERVICE LATERAL THAT WAS BROKE
403 MCNEIL
CIRCLE
CLEANOUT REPAIR
913,1005,1014,1015
E EDGERTON
CLEANOUT REPAIR
809 E BROAD ST
CLEANOUT REPAIR
109 S CLINTON
CLEANOUT REPAIR
407 E PEARSALL
CLEANOUT REPAIR
MH L2 LINCOLN ST
RESEALED MANHOLE RING

o The City's Engineer, Davis Martin and Powell, has prepared a Prelimianry
Enigineering Report and Environmental Review in order to pursue Rural
Development Grant/Loan funding for collection system rehab projects.
The draft PER was submitted to USDA in August 2020 for their review.
As demonstrated, Operation and Maintenance personnel were responsive and
took immediate action to respond to the overflow. Since July 2020, the City has
invested approximately $70,000 on collection system repairs alone in order to
decrease the amount of inflow and infiltration that enters the system. We believe
this letter shows the investment and commitment the City is making to resolve
failing infrastructure, and we hope that the Division recognizes these efforts.
The City of Dunn has limited resources and we would much rather dedicate
these resources to addressing issues with the utility infrastructure versus paying
civil penalties. Therefore, we respectfully request that the Division grant
remission based on the efforts outlined in this letter and the negative financial
effects that COVID-19 has had on small utilties like the City of Dunn.
Steven Neuschafer
City Manager
DUNN
SAS
Ali -America City
1III'I
1989*2013
2sfre commune ma,Lters

Case Number: DV-2020-0098
Assessed Party: City of Dunn
Permit No.: WQCS00073
JUSTIFICATION FOR REMISSION REQUEST
County: Harnett
Amount Assessed: $6,135.71
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), 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. 143B-282.1(b) were wrongfully applied to the
detriment of the petitioner (the assessment factors are listed in the civil penalty assessment document);
(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 future occurrences);
(c) the violation was inadvertent or a result of an accident (i.e., 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 penalty will prevent you from performing the activities necessary to achieve
compliance).
EXPLANATION:

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
COUNTY OF HARNETT
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST
City of Dunn
Dunn Collection System
PERMIT NO. WQCS00073
WAIVER OF RIGHT TO AN
ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
CASE NO. DV-2020-0098
Having been assessed civil penalties totaling $6 135.71 for violation(s) as set forth in the assessment document of the
Division of Water Resources dated August 24, 2020 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 submitted 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. 11 This the ISM` day of C1�T0)`/7J1 20 20
SIGNATURE
ADDRESS
GI O T rotcnn
labs
/knn Ak, 2833C
TELEPHONE
Cglb) 230- 3600