WQCS00003_DV-2020-0020_20200303

Winston-Salem / Forsyth County
UMRS es
Water • Wastewater • Solid Waste
Administration, P.O. Box 2511, Winston-Salem, NC 27102
0: 336-727-8000, F: 336-727-8432, wskutilities.org
March 6, 2020
PERCS Branch
Division of Water Resources
1617 Mail Service Center
Raleigh, NC 27699-1917
RE: Written Request for Remission
Winston-Salem Collection System (WQCS00003)
Case No. DV-2020-0020
Forsyth County
Dear Sir/Madame:
RECEIVED
MAR 17 2020
NCDEQ1DWR/NPDES
Please consider this letter an official written request for remission from Winston-Salem/Forsyth County
Utilities (WSFC Utilities) for the November 25, 2019 Notification of Violation and Assessment of Civil
Penalty, Case No. DV-2020-0020. WSFC Utilities accepts NCDEQ's assessment of incident number
201901834 and respectfully requests remission of incident number 201901834. The following
documentation provides both the Justification for Remission Request and Request for Remission of Civil
Penalties, Waiver of Right to an Administrative Hearing, and Stipulation of Facts.
The summary below provides the basis of WSFC Utilities' request for remission for incident number
201901834. Upon notification, WSFC Utilities promptly responded and followed normal protocol
according to our SSO response plan.
• 201901834
On November 25, 2019 at approximately 9:30am, an SSO occurred at a manhole on property
belonging to RJ Reynolds (RJR) at 2901 Shorefair Drive. During a routine maintenance check
performed by RJR's environmental quality agent, a sanitary sewer spill was found on their property.
According to RJR officials, they assumed they owned sewer infrastructure on their property and
subsequently called a private contractor to have the line unstopped. WSFC Utilities staff was not
aware of the spill until notified by NCDEQ on November 27, 2019. Upon notification from NCDEQ on
November 27, WSFC Utilities staff immediately investigated the location of the spill and found no
spill present. The collections system was functioning properly.
City Council: Mayor Allen Joines; Vivian H. Burke, Mayor Pro Tempore, Northeast Ward; Denise D. Adams, North Ward; Dan Besse, Southwest Ward; Robert C. Clark,
West Ward; John C. Larson, South Ward; Jeff Macintosh, Northwest Ward; Annette Scippio, East Ward; James Taylor, Jr., Southeast Ward; City Manager: Lee D. Garrity
County Commissioners: David R. Plyler, Chair; Don Martin, Vice Chair, Fleming El -Amin; Ted Kaplan; Richard V. Linville; Tonya McDaniel; Gloria D. Whisenhunt, County
Call 311 or 336-727-8000 Manager: Dudley Watts, Jr.
Winston-Salem/Forsyth County Utility Commission: Randall S. Tuttle, Chair; L. Wesley Curtis, Jr., Vice Chair; Harold E. Day; Tom Griffin; Yvonne H. Hines; Duane Long;
[e-mail] Hugh W. Jernigan; Chris Parker; James Ruffin; Donald R. Stewart; Allan Younger

On December 3, 2019 WSFC Utilities met with the RJR maintenance supervisor at the SSO location
and explained the correct process for reporting sewer related issues. WSFC Utilities had this line on
schedule to be cleaned within a few months of the SSO. We have updated our cleaning frequency
and have this pipe on a 24-month cleaning cycle. WSFC Utilities cleaned and CCTVed seven
upstream and seven downstream sewer mains to confirm there was no damage or grease build up
within these segments of pipe. WSFC Utilities completed all normal processes in the event of an
SSO after notification from NCDEQ.
WSFC Utilities policy is to respond to all sewer calls within 2.0 hours of proper notification. This SSO
incident was stopped and remediated prior to WSFC Utilities'receiving any notification of the SSO
incident. We were notified by NCDEQ of the SSO occurrence three days after the incident. Improper
notification had a negative impact on the severity of this incident. Once WSFC Utilities received
notification, a first response crew arrived on site to investigate and was prepared to promptly abate
the environmental damage associated with the SSO. According to the maintenance supervisor at RJ
Reynolds, normal collection system operation was restored within 26.5 hours of discovery. WSFC
Utilities continued the normal practice of cleaning and collecting CCTV data on upstream and
downstream sewer mains. We also distributed Can the Grease and No Wipes in Pipes literature in
the surrounding area.
Based on improper notification, WSFC Utilities was not able to provide adequate response and
abatement actions. We believe remission of civil penalties for the above incident is appropriate. A full
justification, along with the NCDEQ required paperwork, is included in the following documentation.
If you have any questions, please contact Antonio Martinez, Wastewater Collections System Supervisor
(ORC) at 336-734-1479 or [e-mail].
SIcerely,
Courtney D iv r
Winston-Salem/Forsyth County Utilities Director
cc: Michael Stover, Assistant Utilities Director
Kenny Atkins, Utilities Field Operations Manager
Antonio Martinez, Wastewater Collections System Supervisor (ORC)
Lon T. Snider, Regional Supervisor, DWR, NCDEQ

JUSTIFICATION FOR REMISSION REQUEST
DWR Case Number: DV-2020-0020 County: Forsyth
Assessed Party: City of Winston-Salem
Permit No. (if applicable): WQCS00003 Amount Assessed: $625.72
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
applies. 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).
• XX (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);
• XX (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 (i.e.,
explain if previous violations have resulted in you being assessed civil penalties);
• _ (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 (attach additional pages as necessary):
Incident Number 201901834
Winston-Salem/Forsyth County Utilities (WSFC Utilities) requests remission of civil penalties associated
with incident number 201901834, the November 25, 2019 SSO located at 2901 Shorefair Drive, caused
by residential grease. WSFC Utilities was not given the opportunity to promptly respond to and abate
the continuing environmental impact associated with the incident.

In addition, the incident occurred unwillingly and unintentionally, and the duration and significance of
the event were largely due to improper notification of the event.
On November 25, 2019 at approximately 9:30am, an SSO occurred at a manhole on property belonging
to RJ Reynolds (RJR). During a routine maintenance check performed by RJR's environmental quality
agent, a sanitary sewer spill was found on their property. According to RJR officials, they assumed they
owned sewer infrastructure on their property and subsequently called a private contractor to have the
line unstopped. WSFC Utilities staff was not aware of the spill until notified by NCDEQ on November 27,
2019. Upon notification from NCDEQ on November 27, WSFC Utilities staff immediately investigated
the location of the spill and found no spill present. The collections system was functioning properly.
On December 3, 2019 WSFC Utilities met with the RJR maintenance supervisor at the SSO location and
explained the correct process for reporting sewer related issues. WSFC Utilities had this line on
schedule to be cleaned within a few months of the SSO. We have updated our cleaning frequency and
have this pipe on a 24-month cleaning cycle. WSFC Utilities cleaned and CCTVed seven upstream and
seven downstream sewer mains to confirm there was no damage or grease build up within these
segments of pipe. WSFC Utilities completed all normal processes in the event of an SSO after
notification from NCDEQ.
WSFC Utilities staff attributes the sanitary sewer overflow on November 25, 2019 to heavy amounts of
grease and believes the volume and duration of this spill could have been drastically reduced if proper
notification had been given. WSFC Utilities had a discussion with RJR staff on proper SSO procedures
and properly reporting sewer related concerns within the property, at any time. Grease and wipes
literature and promotional items were distributed throughout apartment complexes above the spill site.

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
COUNTY OF FORSYTH
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND
STII'ULATION OF FACTS
City of Winston-Salem )
Winston-Salem Collection System )
PERMIT NO. WQCS00003 ) CASE NO. DV-2020-0020
Having been assessed civil penalties totaling $625.72 for violation(s) as set forth in the assessment document of the Division
of Water Resources dated Fdbruary 12, 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.
This the _ U 4-A day of
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