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HomeMy WebLinkAboutWQCS00060_DV-2022-0023_20220302ROY COOPER Governor ELIZABETH S. BISER Secretary S. DANIEL SMITH Director Certified Mail # 7020 3160 0000 4109 5107 Return Receipt Requested Chandra C Coats, PE Johnston County Public Utilities PO Box 2263 Smithfield, NC 27577-2263 NORTH CAROLINA Envlronmenta!Quality March 02, 2022 SUBJECT: Notice of Violation and Assessment of Civil Penalty for Violations of North Carolina General Statute (G.S.) 143-215.1(a)(1) and Collection System Permit No. WQCS00060 Johnston County Public Utilities Johnston County Collection System Case No. DV-2022-0023 Johnston County Dear Ms. Coats: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $786.57 ($750.00 civil penalty + $36.57 enforcement costs) against Johnston County Public Utilities. This assessment is based upon the following facts: a review has been conducted of the Sanitary Sewer Overflow (SSO) 5-Day Report submitted by Johnston County Public Utilities. This review has shown the subject facility to be in violation of the requirements found in Collection System Permit No. WQCS00060 and G.S. 143-215.1(a)(1). The violation(s) that occurred are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that Johnston County Public Utilities violated the terms, conditions or requirements of Collection System Permit No. WQCS00060 and G.S. 143-215,1(a)(1) in the manner and extent shown in Attachment A. In accordance with the maximums established by G.S. 143-215.6A(a)(2), a civil penalty may be assessed against any person who violates the terms, conditions or requirements of a permit required by G.S. 143-215.1(a). .111\9s) North Carolato Deportment of Environmental Qrathy Dtvlslon of Water Resources Raleigh Region* Office IMOO Dorsett Chive Raleigh North Carina21609 9192191.4200 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, Scott Vinson, Regional Supervisor, Raleigh Regional Office hereby make the following civil penalty assessment against Johnston County Public Utilities: $750.00 For 1 of the 1 violations of Collection System Permit No. WQCS00060 and G.S. 143-215.1(a)(1) for Sanitary Sewer Overflow(s) resulting in a discharge without a valid permit. $750.00 TOTAL CIVIL PENALTY $36.57 Enforcement Costs $786.57 TOTAL AMOUNT DUE Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into account the Findings of Fact and Conclusions of Law 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) The amount of money saved by noncompliance; (6) Whether the violation was committed willfully 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 following: (1) (2) (3) Submit payment of the penalty, OR Submit a written request for remission, OR Submit a written request for an administrative hearing Option 1: Submit payment of the penalty: Payment should be made directly to the order of the Department of Environmental Quality (do not include waiver form). 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: PERCS 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 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. 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. In determining whether a remission request will be approved, the following factors shall be considered: (l) whether one or more of the civil penalty assessment factors in NCGS 143B-282.1(b) was wrongfully 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 for any previous violations; or (5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Please note that all evidence presented in support of your request for remission must be submitted in writing. The 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 be advised that the Committee cannot consider information that was not part of the original remission request considered by the Director. Therefore, it is very important that you prepare a complete and thorough statement in support of your request for remission. In_order to request remissign1vou 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 (30) days of receipt of this notice. The Division of Water Resources also requests that you complete and submit the enclosed "Justification f r 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 AND Scott Vinson, Regional Supervisor Water Quality Regional Operations Section Raleigh Regional Office Division of Water Resources, NCDEQ 1628 Mail Service Center. Raleigh Raleigh, NC 27699-1628 Option 3: File a petition for an administrative hearing with the Office of Administrative Hearings: If you wish to contest any statement in the attached assessment document, you must file 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.m., except for official state holidays. The petition may be filed by facsimile (fax) or electronic mail by an attached file (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 all 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: (919) 431-3000 Fax: (919) 431-3100 One (1) copy of the petition must also be served on DEQ as follows: Mr. William F. Lane, 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 of this letter) on the petition. Failure to exercise one of the options above within thirty (30) days of receipt of this letter, as evidenced by an internal date/time 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 Mitchell Hayes with the Division of Water Resources staff of the Raleigh Regional Office at (919) 791-4200 or via email at mitch.hayes@ncdenr.gov. Sincerely, Scott Vinson, Regional Supervisor Water Quality Regional Operations Section Raleigh Regional Office Division of Water Resources, NCDEQ ATTACHMENTS Cc: WQS Raleigh Regional Office - Enforcement File Laserfiche JUSTIFICATION FOR REMISSION REQUEST Case Number: DV-2022-0023 Assessed Party: Johnston County Public Utilities Permit No.: WQCS00060 County: Johnston Amount Assessed: $786.57 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 (Le., 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 JOHNSTON IN THE MATTER OF ASSESSMENT OF CIVIL PENALTIES AGAINST Johnston County Public Utilities Johnston County Collection System PERMIT NO. WQCS00060 WAIVER OF RIGHT TO AN ADMINISTRATIVE HEARING AND STIPULATION OF FACTS CASE NO. DV-2022-0023 Having been assessed civil penalties totaling $786.57 for violation(s) as set forth in the assessment document of the Division of Water Resources dated March 02, 2022, 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. This the day of , 20 ADDRESS SIGNATURE TELEPHONE ATTACHMENT A Johnston County Public Utilities CASE NUMBER: DV-2022-0023 PERMIT NO: WQCS00060 FACILITY: Johnston County Collection System Other Violations INCIDENT VIOLATION NUMBER DATE VIOLATION TYPE VIOLATION DESCRIPTION REGION: Raleigh COUNTY: Johnston TOTAL VOLUME PENALTY (GALLONS) AMOUNT 202101911 9/14/2021 CSO/SSO(Sewer Overflow) Discharge without valid permit 9,000 $750.00 Permit Enforcement History Details by Owner Johnston County Public Utilities E c 00 a. U O 0 7a 0 0 y 0 0 WQCS00060 m 0 09 0 0 • a.c E xad m co • 0 al 7 CO O 9 o a • iP C • E< O 2i- O l = Y 7 O • a 0 01 = Te aEi E Ct a) cs W • 2 x c .0 7 O E W CC < C ,r e C O • W 0 x Remission 40 O C 7 d a d m CG 0 01 d E m 0 O 0 W ▪ • 7 C d Enforcement L 3 m 2 0 (i a K 0 $0.00 No 2/11/11 DV-2011-000: O Z 0 0 0 69 3/22/12 $3,000.00 DV-2012-001: O Z 0 O 0 69 7/19/17 $2,500.00 DV-2017-004 O Z 0 O 0 69 9/30/19 $1,250.00 DV-2019-013: O Z O 0 0 CO ti 69 0 c[) co 69 8/10/20 $750.00 DV-2020-008: N C O Z 0 O 0 tO (O co V3 DV-2021-003: Total Balance Due : $0.00 Sum Of Total Paid:$11,134.66 Total Enforcement Cost: $284.66 Total Penalty Amount: $10,850 Total Penalties After Remissions : $11,134.66 Sum of Total Case Penalties: $11,134.66 DIVISION OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT Violator: Johnston County Public Utilities Facility Name: Johnston County Collection System Permit Number: WQCS00060 County: Johnston Case Number: DV-2022-0023 ASSESSMENT FACTORS 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; Blockage in a line caused manhole to surcharge 9,000 into an UT to Buffalo Creek, a class C; NSW in the Neuse River Basin. Increased nutrients and pathogens to surface waterswater quality standard violations. Cs4'Cc,., 64-5e- 2) The duration and gravity of the violation; The SSO started on 09.14.2021 at 10:00 am and ended the same day at 2:00 pm. 3) The effect on ground or surface water quantity or quality or on air quality; The effect on surface water quality include increased nutrients and pathogense water quality standard violations. 542. 4) The cost of rectifying the damage; W �` "� c� �' The cost of rectifying the damage is not given. 5) The amount of money saved by noncompliance; It is believed that no money was saved by the noncompliance. 6) Whether the violation was committed willfully or intentionally; It does not appear that the violation was committed willfully 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; There has been 1 enforcement case against the violator within the past year. 8) The cost to the State of the enforcement procedures. $36.57 Date Scott Vinson, Regional Supervisor Water Quality Regional Operations Section Raleigh Regional Office Division of Water Resources, NCDEQ ROY COOPER GovenlOr EUZABETH S. BOER Seasexy S. DANIEI. SMITH Director Cerci#ig:I M#alig,211C000 2219 3204 Rick J Hester, County Manager Johnston County Public Utilities PO Box 2263 Smithfield, NC 27577-2263 NORTH p Envireatitentaleterny October 22, 2021 SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY Traddng No.: NOV-2021-DV 0452 Sanitary Sewer Overflows - September 2021 Collection System Permit No. WQCS00060 Johnston County Collection System Johnston County Dear Mr. Hester: A review has been conducted of the self -reported Sanitary Sewer Overflows (SSO's) 5-Day Report/s submitted by Johnston County Public Utilities. The Division's Raleigh Regional Office concludes that the Johnston County Public Utilities violated Permit Condition I (2) of Permit No. WQC S00060 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 Raleigh Regional Office is providing the Johnston County Public Utilities an opportunity to provide evidence and justification as to why the Johnston County Public Utilities should not be assessed a civil penalty for the violation(s) that are summarized below: Inddent Stait Duration Number Date (Mins) Location Cause Total Vol Total Surface Vol Water (Gals) (Gals) DWR Action 202101911 9/14/2021 240 175 Peedin Road, Debris in line 9,000 9,000 Notice of Violation - Smithfield Notice of Intent NorditsainsDepirisermentivalrommilialrailety a awe,«rwa.iee,a.a, Ralphllogiorri Moe a SKtOMrrerMkt 1 told" Nardi daRnw2faoi 914.74114200 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 writlng, 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 Id'Is or recreational area dosures. Other factors considered in determining the amount of the dvil 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 Mitchell Hayes with the Water Quality Section in the Raleigh Regional Office at 919-791-4200 or via email at mitch.hayesOncdenr.gov. Sincerely, 12/14 Scott Vinson, Regional Supervisor Water Quality Regional Operations Section Raleigh Regional Office Division of Water Resources, NCDEQ Cc: Raleigh Regional Office - WQS File taserflche tiontiCsralivOipsetemmedeminpurneatoMpally MemalWaterlitsag a MMIIg1MNaiMelOoe IWOO Morn Dave Itruykeo.mCrreerrmo+ 91‘7914300 RIyC Y COOPER Carew ELIZABETH S. B1SER ste,•ht►r s. DANIEL ShUTH Director Caljfied Matt it 7020 3i00 KM 2219 3204 Rick J Hester, County Manager 3ohnston County Public Utilities PO Box 2263 Smithfield, NC 27577-2263 NORTH Quaby October 22, 2021 SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY Traddng No.: NOV-2021-DV-0452 Sanitary Sewer Overflows - September 2021 Collection System Permit No. WQCS00060 Johnston County Collection System Johnston County Dear Mr. Hester: 1 A review has been conducted of the self -reported Sanitary Sewer Overflows (SSO's) 5-Day Report/s submitted by 3ohnston County Public Utilities. The Division's Raleigh Regional Office concludes that the Johnston County Public Utilities violated Permit Condition I (2) of Permit No, WQCS00060 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 Raleigh Regional Office is providing the Johnston County Public Utilities an opportunity to provide evidence and justification as to why the Johnston County Public Utilities should not be assessed a dvil penalty for the violation(s) that are summarized below: Incident Start Duration Number Date (Minn) Location Cause Toad Vol Total Surface Vol Water (Gals) (Gala) DWR Action 202101911 9/14/2021 240 175 Peedln Road, Debris in line 9,000 9,000 Notice of Violation - Smithfield Notice of Intent .ionic nierategariarri of EnriarrerolCopityIohl.I.n.I wearn.era. la0:000411o. 13Iootrnn on.e i lid* Nora OrolesII.09 wua ioo ▪ Complete Items 1, 2, and 3. ■ PMnt your name and address on the ravine so that we aen return the mud to you. rt Attach this card to the back *fibs mellpleoe. or on the tront If s .oe pem'dts. 1 :rw.. �a a.. RICK J. HESTER. COUNTY MANAGER JOHNSTON COUNTY PUBLIC UT'IUTIES PO BOIL 2263 SMITHFIELD, NC 27577 2263 NOV-2021-DV•0452 / NOV-INTENT TO ASSESS / 20211026 JOHNSTON CNTY COUPS / WQCS00147 / JOHNSTON CNTY REC: 7020 3160 0000 2219 3204 / M 10/22/2021 11II1IIIIIIIII11111N1111111IIII II IIB i APIA o Add uses a 1:y a Dates fw�y O. Is daily addles* dtlfaetd flom i■i 1? 'r if Yt3& inter dolfeely address Wow D No 3. Ganlfoe type OOneedeeree r '0 *HIM Belo Rnllrot—'Ding 0 WaetanDeewlll P Miele Number( aadJlygernaentegebe° DFoOeotanDeonryRalllotMWay 7020 3160 0000 2219 3204 J�wiPntle0edDuou,y P8Fri 38 1.Jcd12016PIN V =9590 9402 i415 7227 6983 76 ithted Sues 3160 0000 2219 3204 N OlissIslersd Pdoiltyled Roses) O IYMIRaetrlerea Q Dtki" ,m. oBlipalumOodlimdlos Ristrloksd a I U.S, Postal Service"' CERTIFIED MAIL' RECEIPT Domestic Mid Only DEvI N JE0 Return Renew Fur dcfiv•:ry inturmalicri, vlsif iur t vbsitc nr ;v;;r.:rrsp ;.cnr7r". OFFICIAL, USE c.etmadMa Fes r:or@s EseliMoss & Frio Oiadrbw. addAa am apyrop,hlq 011006RsayRrwoopp $ Mime Assert *dome) $ D°KINN R,rdowdo,r,.ey $ © Adultlt rwRgrosd $ 0AMIWealwRrslatad wae.q $ RICK J. HESTER. COUNTY MANAGER JOHNSTON COUNTY PUBLIC UTILITIES PO BOX 2263 SMITHFIELD, NC 27577-2263 NOV-2021-DV-0452 / NOV-INTENT TO ASSESS / 20211026 JOHNSTON CNTY COLLSYS/ WQCS06147/ JOHNSTON CNN REC: 7020 3160 0000 2219 3204 / m 10/22/202a USP8?RACIWG# 111111111 rel HIIII Illlll 1II Postmark Hem Ebel -Crass Mad Palings & Fees Paid U8P8 Permit No. G-10 • Sender: Please print your name, address, and ZIP+4• In this bwt• WATER QUALITY REGIONAL OPERATIONS SECTION NC-DEQ RALEIGH REGIONAL OFFICE 3800 BARRETT DRIVE RALEIGH, NC 27609 �rti��lr�l�1��,4lJrJ�1111�1J�11i���111���1���Lltlr��llrlr>>�It�t fikatain, DEPARTMENT OF PUBLIC UTILITIES PO BOX 2263 SMITHFIELD, NC 27577 (919) 989-5075 November 4, 2021 Mr. Scott Vinson Raleigh Regional Office NCDEQ DWR 1628 Mali Service Center Raleigh, NC 27699-1628 Re: Response to NOV-2021-DV-0452 Permit No. WQCS00060 - Johnston County Collection System Dear Mr. Vinson: in response to NOV-2021-DV-0452, the County offers the following information: Incident Number 20210193, • On September 14, 2021, the Town of Smithfield notified Johnston County of a report from a retail industrial customer of a potential surcharge of the existing gravity sewer outfall. • Johnston County staff immediately responded to the site after notification of a potential problem. • Upon arriving to the site, staff inspected the sewer outfall and located a spill in the vicinity of 175 Peedln Road, Smithfield. • Wastewater pump stations tributary to the interceptor were immediately shut-off, and storage capacity in the pump station wetwells was used while staff identified and corrected the problem. • The sewer spill appeared to be a result of a line obstruction. • The County secured two vacuum trucks to Jet and clean the gravity sewer main. • The trucks transported recovered wastewater back into the County's collection system for treatment. • The blockage appeared to be due to grease in the main. • The sewer main was thoroughly cleaned and the spill area was lightly limed. Johnston County works aggressively to prevent sanitary sewer overflows and help protect the waters of our area. Preventative measures include the following: • Routine inspections: The gravity sewer interceptor was inspected in 2020 and previously thoroughly cleaned In 2018. • The County has an active FOG program to educate customers and inspect all facilities that have the potential to generate grease discharge. Grease traps/interceptors are required for those establishments and routinely inspected. • Extensive staff training ensures staff is prepared for system operation and response related to potential sewer spills. • Staff use laptops to log into the SCADA system and monitor system operation from any location. Page 2 Mr. Vinson November 4, 2021 • Furthermore, staff is on -call and prepared to respond to any event. • The County maintains an in-house supply of repair materials for all pipe sizes and many electrical components and implements a detailed protocol for emergency response. • The County maintains a close working relationship with several local contractors who provide emergency response repairs, as needed. • The County owns and operates a vacuum truck and maintains contact with contractors to provide this service. Johnston County takes seriously our responsibility to protect public health and the environment and strives to prevent sewer overflows. Please contact me at (919) 209-8333 or chandra.farmertiohnstonnc.com if you have any questions or need additional information regarding this issue. Sincerely, C144.64., 4 'AtmvkiA-. Chandra C. Farmer, PE Director of Utilities cc: Rick J. Hester, County Manager Eric Narron, Johnston County Vanessa Manuel, Raleigh Regional Office Mitchell Hayes, Raleigh Regional Office Enclosures NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor November 5, 2014 Mr. Rick J. Hester, County Manager Johnston County PO Box 2263 Smithfield, NC 27577 Subject: Permit No. WQCS00060 Johnston County Johnston County Collection System Dear Mr. Hester, John E. Skvaria, III Secretary g�' NOV 1 0 2014 NC DENR Raleigh Regional Office In accordance with your application received October 29, 2014, we are forwarding herewith Permit No. WQCS00060, dated November 5, 2014, to Johnston County for the operation and maintenance of the subject wastewater collection system. This permit shall be effective from May 1, 2015 until April 30, 2023 and shall be subject to the conditions and limitations specified herein. It is your responsibility to thoroughly review this permit. Please pay particular attention to the monitoring and reporting requirements in this permit and any compliance schedules shown in bold. For purposes of permitting, the collection system is considered to be any existing or newly installed system extension up to the wastewater treatment facility property or point of connection with a separately owned sewer system. The collection system is considered all gravity lines, pump stations, force mains, low pressure sewer systems, STEP systems, vacuum systems, etc. and associated piping, valves and appurtenances that help to collect, manage and transport wastewater to a wastewater treatment plant under the Permittee's ownership or maintained and operated by the Permittee through a perpetual legal agreement. Satellite systems are systems tributary to the Permittee's collection system but those collection systems are not owned or maintained by the Permittee. The system description provided on Page 1 of this permit is meant to provide a general idea about the size of the system and may not be all inclusive of the collection system at the time of permit issuance or afterward. 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 Phone: 919.807-63001 FAX: 919-807.6492 Internet: www.ncwaterouality.org An Equal opportunity 1 Affirmative Action Employer NorthCarolina Naturally DWR Division of Water Resources 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 I: This form shall be submitted to the appropriate DWQ Regional Office within five business days of the first knowledge of the sanitary sewer overflow (SSO). Permit Number: WQCS00060 (WQCS# if active, otherwise use WQCSD#) Facility: Johnston County Collection System Incident #: 202101911 Owner: Johnston County Public Utilities City: Smithfield County: Johnston Region: Raleigh Source of SSO (check applicable): 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): 175 Peedin Road, Smithfield Manhole #: 676 Latitude (Decimal Degrees): Longitude (Decimal Degrees): Incident Started Dt: 09/14/2021 Time: 10:00 am Incident End Dt: 09/14/2021 Time: 02:00 pm (mm-dd-yyyy) (hh:mm AM/PM) (mm-dd-yyyy) (hh:mm AM/PM) Estimated Volume of the SSO: 9,000 gallons Estimated Duration (Round to nearest hour): 4:0 hours Describe how the volume was determined: estimated Weather conditions during the SSO event: clear Did SSO reach surface waters? Yes ❑ No ❑ Unknown Surface water name: Buffalo Creek Volume reaching surface waters (gals): 9000 Did the SSO result in a fish kill? ❑ Yes No ❑ Unknown If Yes, what is the estimated number of fish killed? 0 SPECIFIC cause(s) of the SSO: Er Debris in line 24 hour verbal notification (name of person contacted ): Mitchell S Hayes ▪ DWR ❑ Emergency Mgmt Date (mm-dd-yyy): 09/14/2021 Time (hh:mm AM/PM): 02:32:00 pm If an SSO is ongoing, please notify the appropriate Regional Office on a daily basis until SSO can be stopped. Per G.S. 143-215.1 C(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 altemative 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: 1 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 1 (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 Debris in line What type of debris has been found in the line? Grease obstruction Suspected cause or source of debris. Grease from upstream restaurants Are manholes in the area secure and intact? RI Yes ❑ No ❑ NA E NE When was the area last checked/cleaned? 2020 checked.2018 cleaning Have cleaning and inspections ever been increased at this location due to previous RI Yes C No E NA E NE problems with debris? Explain: This section of gravity sewer is checked multiple times per year due to commercial use. No previous problems were fount Are appropriate educational materials being developed and distributed to prevent futi RI Yes D No ❑ NA D NE similar occurrences? Comments: We have a FOG program for inspections and we also send out pamphlets explaining why fats, oils and grease should not be put into our sewer system System Visitation ORC ? Yes Backup RI Yes Name: Eric A. Narron Cert# 987977 Date visited: 09/14/2021 Time visited: 10:00 AM CS-SSO Form Page: 2 How was the SSO remediated (i.e. Stopped and cleaned up)? We cut off upstream lift stations to minimize flow. Used two vac trucks to pump and haul and ietted/cleaned the line once the blockage was cleared. Lightly limed the area As a representative for the responsible party, I certify that the information contained in this report is true and accurate to the best of my knowledge. Person submitting claim: Eric Anthony Narron Date: 09/15/21 08:00 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 i knowledge of the SSO with reference to the incident number (the incident number is only generated when electronic entry of th form is completed, if used). CS-SSO Form Page: 3