WQCS00002_NOV-2020-DV-0242 Response_20200519

ROY COOPER
t.rmnna
MICHAEL S. REGAN
Srrroury
S. DANIEL SMITH
Olrrrlar
NORTIi CAROLINA
Envlronmcnfuf Quality
CERTIFIED MAIL: 7016 3560 0000 4428 6754
RETURN RECEIPT REQUESTED
May 19, 2020
Robert Massengill, Director of Public Utilities
City of Raleigh
PO Box 590
Raleigh, NC 27602
UD V
MAY 7 2020
NC Dept of Environmental Quality
JUL 10 2020
Raleigh Regional Office
SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY
Tracking No.: NOV-2020-DV-0242
Sanitary Sewer Overflows - April 2020
Collection System Permit No. WQCS00002
Raleigh Collection System
Wake County
Dear Mr. Massengill:
A review has been conducted of the self -reported Sanitary Sewer Overflows (SSO's) 5-Day Report/s submitted by
City of Raleigh. The Division's Raleigh Regional Office concludes that the City of Raleigh violated Permit Condition I
(2) of Permit No. WQCS00002 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 City of Raleigh an opportunity to provide evidence and justification as
to why the City of Raleigh 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 (Mina) Location Cause (Gals) (Gals) DWR Action
202001206 4/15/2020 313 3900 Barrett Drive Grease 6,260 6,260 Notice of Violation —
Notice of Intent
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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 60 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 Mitchell Hayes with the Water Quality Section in
the Raleigh Regional Office at 919-791-4200 or via email at [e-mail].
Sincerely,
�';/- r'e"�
fogScott Vinson, Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ
Cc; Raleigh Regional Office - WQS File
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Raleigh Water
July 9, 2020
Mr. Scott Vinson
Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources NCDEQ
1628 Mail Service Center
Raleigh, NC 27699-1628
Re: Response to NOV-2020-DV-0242
Sanitary Sewer Overflows - April 2020
Permit No. WQCS00002
Dear Mr. Vinson:
I1i1. 'q %om
. G aeKRh Real 01"
Please allow this letter to serve as a response to the Notice of Violation & Intent to Issue Civil
Penalty document (NOV-2020-DV-0242) received on May 271", 2020. This document contains narratives
regarding pending violation actions of (8) Sanitary Sewer Overflows (SSO) events, which occurred during
the month of May 2020 within the City of Raleigh Collections System ill. The noticed events occurred
while the City operated its collection system, according to WQCS00002, dated June 6th, 2017. The
permit includes the language outlined in footnote 1 and applies to the SSOs upon which NOVs with the
notice of intent (NOV-NOI) were based. This document will establish a reasonable explanation of the
actions taken to stop the spill; contain the released wastewater; collect the wastewater and
reintroducing it to the collection system; and finally, restoring the possible environmental impacts
brought by the release of the SSO events, listed with the intended NOV-NOI action. Please find below,
the additional information requested for each of the SSO events.
1.'The Director may take enforcement action against the Permittee for SSOs that must be reported to the Division as stipulated In Condition iV92j. This includes
SSOs that were caused by severe natural conditions or exceptional events unless the Permittee demonstrates through properly signed, contemporaneous operating
logs, or other relevant evidence that
[a.l The SSO was caused by severe natural conditions; there were no feasible alternatives to the SSO, such as the use of auxiliary treatment facilities, retention
of untreated wastewater, reduction of Inflow and infiltration, use of adequate back-up equipment, or an Increase In the capacity of the systems. This provision Is
not satisfied If, In the exercise of reasonable engineering judgment, the Permittee should have Installed auxiliary or additional collections system components,
wastewater retention or treatment facilities, adequate back-up equipment or should have reduced Inflow and infiltration; or
lb.) The SSO was exceptional, unintentional, temporary and caused by factors beyond the reasonable control of the Permittee; the SSO could not have been
prevented by t.e exercise of reasonable control, such as proper management, operation, and maintenance; adequate treatment or collection facilities or
components (e.g., adequately enlarging treatment of collection facilities to accommodate growth or adequately controlling and preventing infiltration and
Inflow); preventative maintenance; or Installation of adequate backup equipment,"
One Exchange Plaza City of Raleigh Municipal Building
1 Exchange Plaza, Suite 1020 Post Office Box 590 • Raleigh 222 West Hargett Street
Raleigh, North Carolina 27601 North Carolina 27602-0590 Raleigh, North Carolina 27601
(Mailing Address)
Printed on Recycled Paper

incident Number # 202001206—4/15/2020 --3900 Barrett Dr., Raleigh
This spill was neither willful nor intentional, it was the result of a grease build-up, restricting the
sewer flow within a section of 8-inch sewer gravity main. This build-up led to a sewer spill of
approximately 6,260 gallons of untreated wastewater reaching Big Branch Tributary within the Big
Branch Basin.
On 04/15/2020, at approximately 7:27 PM, Sewer Maintenance staff was notified of a sewer spill
emanating from a manhole behind an office building at 3900 Barrett Dr., Raleigh. The responding staff
took all reasonable steps to stop and mitigate the impact of the discharge as soon as they arrived,
gaining control of the -spill event by 12:40 AM on 04/16/2020. Crews utilized hydraulic jetting to remove
the source of the blockage within the affecting asset, thus restoring sewer flow.
Containment, collection, cleanup, and restoration of this spill event consisted of employing a
temporary spill containment site downstream of the affected area. This approach was intended to
contain the flow of sewer and minimize the environmental impact on the surrounding land. This spill
was contained without a significant environmental impact to the adjacent area and its natural resources.
Visual inspection of the affected area and downstream waters confirmed that no fish kill or unnecessary
vegetative damage occurred.
During the restoration phase of the operation, crews utilized ample potable water to flush the
affected area and to remove traces of sewer from the area surrounding the manhole and the
downstream stormwater system. Crews employed pumps at the temporary containment site, to recover
flushed wastewater and any evidence of sewer. The areas around the manhole were cleared of debris
and washed with potable water. The area around the manhole was cleared of debris, treated with an
application of lime, and restored with grass seed and straw.
A follow CCTV assessment, conducted on 04/17/2020, determined that the sewer main adjacent
to the manhole that spilled, is holding water in a sag approximately 17ft upstream from SMH112896.
The sag is most likely adding to the grease buildup in this section of main. Consequently, the line was
flushed several times and there was no evidence of any type of leak from the main at the aerial crossing.
This sewer aerial main has been requested to be included for replacement within CIP project WS-2017-
12, currently in the design phase to replace and upsize the Big Branch Interceptor. No further issues
have occurred at this site since this event.
The cost associated with the mitigation of this event amounted to $4,109.38. The approximate
cost to the Utility to have treated 6,260 gallons of wastewater would have been approximately $9.39.
The City saved no money from this spill. Its costs for cleanup exceeded the cost of treating the volume of
sewage had no spill occurred. Furthermore, the City still had to pay the cost to treat the greater volume
of sewage created by the spill.
One Exchange Plaza City of Raleigh Municipal Building
1 Exchange Plaza, Suite 1020 Post Office Box 590 • Raleigh 222 West Hargett Street
Raleigh, North Carolina 27601 North Carolina 27602-0590 Raleigh, North Carolina 27601
(Mailing Address)
Printed an Recycled Paper

' This section of the collection system serves a vast residential area North and South of 1-440,
providing sewer collection services to several multi -dwelling properties. The last recorded sewer spill
associated with this section of the sanitary sewer collection system occurred on 10/17/2017.
A press release notification, associated with this event, was requested to be published in the
Raleigh News & Observer on Thursday, April 16, 2020. Due to Statewide restrictions of COVID-19,
outreach information is scheduled to be delivered. The outreach literature to be delivered explains the
need for customers to use the sanitary sewer collection system properly. It also serves as an opportunity
for citizens to partner with Public Utilities to protect the City's water quality and the sewer collection
infrastructure.
Raleigh Water Responds to a Sanitary Sewer Spill
REMINDER: Only Flush Human Waste and Toilet Paper
On Wednesday, Apr 15. 2020. at about 7:27 p m Raleigh Water's Sewer
Maintenance Division staff responded to a sanitary sewer spill at 3900 Barrett Drive in
Raleigh NC. Grease In the sewer system was the cause of this spill
The responding staff immediately look all reasonable slaps to sto-p the spill and
try to limit its impact. The North Carolina Department of F-nvironmenial Quality Division
of Water Resources was notMied.
Raleigh Watees Sewer Maintenance Division staff stopped the spa at about
12.40 a m. on Thursday, Apr 16. The spill discharged an estimated volume of about
6,260 gallons reaching Big Branch Creek Raleigh Water continues the related deanup
process which is estimated to be complete on Thursday Apr 16
Raleigh Water has an aggressive education and enforcement program to
prevent the discharge of grease, debris, wipes, rags, diapers and other
Improper materials in the sewer system and to take enforcement action
where appropriate_ If these items make it into the sewer system, they may
cause a spill which can have an adverse Impact on water quality and
endanger those who come Into contact with the affected areas.
• Water, human waste, and toilet tissue are the only items permitted to be
discharged into the sewer system. All other items will cause damage to the
sewer system and are not permitted.
if you experience excessive sewer smells or see sewer spiliing from
manholes or pipes, please call 919.996-3246 to report Immediately.
• For more information about how you can help prevent sanitary sewer
spills, please visit raleighnc.govhvater.
This news release is required by NCGS Article 21. Chapter 143 2151C Robert
Massengill is Director of Raleigh Water, TJ Lynch is Assistant Director
#W
One Exchange Plaza City of Raleigh Municipal Building
1 Exchange Plaza, Suite 1020 Post Office Box 590 • Raleigh 222 West Hargett Street
Raleigh, North Carolina 27601 North Carolina 27602-0590 Raleigh, North Carolina 27601
(Mailing Address)
Printed on Recycled Paper

Prior to this event, maintenance records show that sections of this collection system were
assessed as follows:
Flushing activities
Inspection activities
Easementmaintenance
01/12/2010
12/11/2012
4/9/2015
0 07/1/2019 Easement
04/27/2017
4/10/2010
1/2/2013
6/27/2015
Inspection
05/4/2017
7/10/2010
1/3/2013
6/30/2015
. 11/1/2019 Easement
07/29/2018
7/21/2010
3/14/2013
7/1/2015
Inspection
12/13/2018
9/23/2010
6/15/2013
7/9/2015
. 10/13/2018 Smoke Test
04/2/2019
12/12/2010
9/6/2013
7/15/2015
. 28 sewer assets located
2/14/2011
10/2/2013
10/16/2015
within the sanitary sewer
Repair activities
3/22/2011
10/2/2013
7/23/2016
easement were inspected
Sewer Aerial Main
6/5/2011
12/12/2013
03/16/2018
between 01/31/2018 and
10170 has been
8/9/2011
3/8/2014
04/17/2018
03/02/2020
requested to be
12/6/2011
5/30/2014
04/1/2019
included for
3/2/2012
8/10/2014
02/25/2020
replacement within
3/9/2012
12/26/2014
02/26/2020
CCCV activities
CIP project WS-2017-
6/15/2012
04/17/2020
12, currently in design
phase to
replace/upsize the Big
Branch Interceptor.
There have been no additional issues associated with this section of the collection system since
the last sewer event. This site has been added to the Hot Spot Management Program for debris
management with a recommended maintenance interval of every 30 days.
One Exchange Plaza City of Raleigh Municipal Building
1 Exchange Plaza, Suite 1020 Post Office Box 590 - Raleigh 222 West Hargett Street
Raleigh, North Carolina 27601 North Carolina 27602-0590 Raleigh, North Carolina 27601
(Mailing Address)
Printed on Recycled Paper

Summary
The Division of Sewer Maintenance, Public Utilities Department, strives in developing initiatives
that improve operational reliability with the goal to meet customer expectations and to meet or exceed
the requirements of the Water Quality Collection System permit. Our operations are focused on
continual improvement, the prevention of pollution, and increase efficiency in environmental
performance. This is greatly noted as the Division continues to operate an ISO Certified Environmental
Management System governed by the 14001-2015 Standards. As part of these initiatives, the Division
operates a comprehensive reactive and preventative maintenance program whose goal is not only to
maintain over 2600 miles of sanitary sewer pipe but also to minimize the accidental release of untreated
wastewater.
Since July 1, 2019 (Fiscal Year 2020), the Utility has maintained approximately 382 [1] miles of
gravity sewer mains, by flushing with hydraulic jetting, CCTV assessments, repair operations, easement
maintenance, and inspections. The fiscal year 2020 cost of these operations amount to $3,102,022.92,
approximately 23% of the Division's annual operating budget. The total volume of sewer spills identified
in this letter adds up to 55,740 gallons at a total mitigating cost of $ 61,659.17. The City saved no money
from these spills. Their costs for cleanup exceeded the cost of treating the volume of sewage had no spill
occurred. Furthermore, the City still had to pay the cost to treat the greater volume of sewage created
by these spills.
The City's cost of sewer treatment per gallon is $.0015 [2]. At this rate, it would have cost the
City $83.61 to treat every gallon of sewer spilled. This fiscal comparison shows the City's commitment to
environmental protection sparing no cost regardless of the severity and complexity of the spill event.
The City continues to demonstrate due diligence in environmental performance by allocating the
necessary resources to a spill event regardless of the associated cost. This effort is noted in the City's
low SSO performance rate of 2.25 spills per 100 miles of pipe, compared to the Southeastern Region of
the US, of 7.0 spills per 100 miles of pipe.
(1) 382 miles represents 14% of the sanitary sewer collection system
1215.0015 Is based on the annual water treatment operating cost compounded by the total treated effluent.
Additionally, City of Raleigh Assistant Public Utility Directors and Collections System staff has
become involved in challenging the standards of the nonwoven fabrics industry to bring about a better
understanding by consumers of these products and their detrimental effects on the collections systems.
PUD staff has personally met with officers of INDA, the leading association of the non -woven fabrics
industry based in Cary, NC, to communicate our concerns about these fabrics, the current industry
standards, and better education for the consumer. PUD has also joined forces with other utilities
nationwide through the National Association of Clean Waters Agencies (NACWA), the Water
Environment Foundation (WEF), and the American Public Works Association (APWA) to challenge INDA
and current industry standards, recognizing that they do not support compatibility in sanitary sewer
collections systems nationally. These agencies are working collectively to challenge the testing
protocols, assessment guidelines, and consumer education and labeling of these non -dispersible.
One Exchange Plaza City of Raleigh Municipal Building
i Exchange Plaza, Suite 1020 Post Office Box 590 • Raleigh 222 West Hargett Street
Raleigh, North Carolina 27601 North Carolina 27602-0590 Raleigh, North Carolina 27601
(Mailing Address)
Printed on Recycled Paper

It is essential to mention that the reportable sewer events identified in this letter (January —
March 2020) show that 33% of SSOs were related to grease; a 15 % increase from events occurred
during the same period in 2019. Between January 1st and July 1st, 2020, 40% of reportable spills have
been related to grease accumulation. Public Utilities continues to increase its educational outreach to
reduce this trend. The Department has developed new educational material as well as informational
videos designed to reach not only food service establishments but residential customers as well. The
City is also developing initiatives to increase partnerships with residential customers to address grease
accumulation and proper disposal. The educational material and videos can access through social media
and our Department's website https:Hraleighnc.gov/sewer-maintenance
In 2018 the Public Utilities Department increased the efforts of community outreach to further
inform the community throughout direct participation in the City's Citizens Advisory Committees.
Through this initiative, the Public Utilities Department has been able to reach numerous Council Districts
with a consistent message of collaboration and environmental partnership. The Department is currently
developing year three of this effort. Furthermore, this message has been made available not only to the
community but to City Council officials as well. A sample of this message is attached to this letter for
reference.
The City continues its monetary reward program or bounty program, which pays out fifty ($50)
dollars to any citizen that observes and reports an SSO or conditions that may cause a spill event. This
program has been advertised via printed material, a television advertisement campaign, and graphic
design "wraps" on Sewer Maintenance vehicles. These graphics on our vehicles function as mobile
billboards spreading our message of prevention and offering contact information, throughout the
service area each day. This program was developed with the hope that citizens and customers would
become more aware of the signs of an emerging system problem causing the SSO occurrence and
become proactive in helping the City to prevent these occurrences. Additionally, all customers are
notified via their water and sewer utility bills not to discharge improper materials into the sanitary
sewer mains. The City also circulates information regarding discharging of grease into the sewer system
and the effects of such deposits. Whenever possible, and upon the investigation of the root cause of a
spill event, PUD Code Enforcement officers develop and send registered informational letters about the
spill event to the customer base serviced by the line where the SSO has occurred. This is done to
educate our customers in the proper use of the sanitary sewers to prevent disposal of non-flushable
items and items harmful to the continuous operation of the collections system.
On behalf of the City of Raleigh, I am requesting that the NOV-NOI issued for the first quarter of
2020 be fairly reviewed taking into consideration the steps the Department has taken to protect the
environment and meet or exceed the requirements of the Collections System Permit. If additional
information is required, please contact Matthew Vessie, Sewer Maintenance Superintendent (919) 996-
2312 or T.J. Lynch, Assistant Public Utilities Director, at [phone].
One Exchange Plaza City of Raleigh Municipal Building
1 Exchange Plaza, Suite 1020 Post Office Box 590 • Raleigh 222 West Hargett Street
Raleigh, North Carolina 27601 North Carolina 27602-0590 Raleigh, North Carolina 27601
(Mailing Address)
Printed on Recycled Paper

Si cerely,
os M Perez, ORC
Assistance Superintendent, Sewer Maintenance Division
City of Raleigh Public Utilities Department
P.O. Box 590
Raleigh, NC 27602-0590
919-996-5929 office
919-278-6020 cell
Carlos.gerezcamacho(@raleiehnc.Gov
CC: Robert Massengill, Public Utilities Director
T. J. Lynch, Assistant Public Utilities Director - Wastewater
Matthew P Vessie, Superintendent Sewer Maintenance Division
One Exchange Plaza City of Raleigh Municipal Building
1 Exchange Plaza, Suite 1020 Post Office Box 590 - Raleigh 222 West Hargett Street
Raleigh, North Carolina 27601 North Carolina 27602-0590 Raleigh, North Carolina 27601
(Mailing Address)
Printed on Recycled Paper