WQCS00021_NOV-2021-DV-0430_Resp#2-20211019

NORTH CAROLINA
October 19, 2021
Scott Vinson, Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ
RE: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY
Tracking No.: NOV-2021-DV-0430
Sanitary Sewer Overflows — August 2021
Collection System Permit No. WQCS00021
Wilson Collection System
Wilson County
Mr. Vinson,
On August 11, 2021 at 10:30AM, the City became aware of an active sewer spill along the
Bloomery Swamp Outfall. The City promptly responded to the sewer spill and set-up bypass
operation by 1:30PM of the same day. The cause of the spill was determined to be a corroded
concrete pipe. Upon further investigation of the spill, it did not result in significant impacts to
public health, contribute to any fish kills, or cause the closure of any recreational areas.
Beginning on or about August 11, 2021, the City replaced 347 linear feet of RCP with PVC pipe
in lieu of replacing only the damaged section of pipe. The total cost including labor and materials
of the repair was approximately $26,000.
In September 2021, during a high priority line inspection, an additional section of the outfall was
determined to be in poor condition. A manhole immediately upstream of the spill was beginning
to surcharge. The City proactively replaced an additional 426 linear feet of RCP with PVC pipe to
prevent a second spill. The total cost including labor and materials of the repair was approximately
$22,000.
Additionally, the entire Bloomery Swamp outfall is set to be replaced as part of our capital
improvement plan over the next several years. The City has submitted a CWSRF application to
receive a low interest loan to assist in the paying of this replacement. The expected cost of the
project is approximately $6,400,000. The sewer extension permits are currently under review by
NCDEQ.
The City of Wilson believes a fine is not warranted for the above -mentioned violation. The City
took immediate action to stop the sewer spill and took further action to prevent a second spill from
occurring. As a result of this incident, the City has spent approximately $48,000 in repairs. The
City will be spending an additional $6,400,000 for the replacement of the entire outfall line in the
near future. Monies spent on a civil penalty would only potentially delay the eventual replacement
CITY OF WILSON
INCORPORATED 1849
CITY ENGINEER I P.O. BOX 10I 1800 HERRING AVENUE I WILSON, NORTH CAROLINA 21894-0010 I TELEPHONE [phone] I FACSIMILE 252.399.2453
EQUAL OPPORTUNITY EMPLOYER

of the outfall, decrease money available for continued system maintenance, and further increase
existing budgetary constraints.
Please call me at [phone] if you have any further questions.
Sincerely,
Kyle F. Manning, PE
Civil Engineer
cc: Grant W. Goings — City Manager
WT Bass IV, PE — Public Works Director

ROY COOPER
Governor
ELIZABETH S. BISER
sraerary
S. DANIEL SMITH
Director
Certified Mail # 7020 3160 0000 2219 3143
Grant W Goings, City Manager
City of Wilson
P0Box 10
Wilson, NC 27894-0010
NORTH
ENIntemenkdesoRtl
October 07, 2021
SUB3ECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY
Tracking No.: NOV-2021-0V-0430
Sanitary Sewer Overflows - August 2021
Collection System Permit No. WQCS00021
Wilson Collection System
Wilson County
Dear Mr. Goings:
A review has been conducted of the self -reported Sanitary Sewer Overflows (SSO's) 5-Day Reports submitted by
City of Wilson. The Division's Raleigh Regional Office concludes that the City of Wilson violated Permit Condition I
(2) of Permit No. WQCS00021 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 Wilson an opportunity to provide evidence and justification as
to why the City of Wilson 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 (Gels) (Gals) DWR Action
202101741 8/11/2021 180 35.718503, -77.973686 Other, Pipe Failure 13,500 13,500 Notice of Violation -
(Break) Notice of Intent
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.
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This office requests that you respond to this Notice, hi 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 Mitchell Hayes with the Water Quality Section in
the Raleigh Regional Office at 919-791-4200 or via email at [e-mail].
Sincerely,
)141_ Scott 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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