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HomeMy WebLinkAboutWQCS00021_NOV-2021-DV-0430 RSP_20211028NORTH CAROLINA WATER RESOURCES October 25, 2021 Mr. Scott Vinson, Regional Supervisor Water Quality Regional Operations Section Raleigh Regional Office Division of Water Resources, NCDEQ 3800 Barrett Drive Raleigh, NC 27609 Dear Mr. Vinson: NC Dept of Environmental Quality OCT 2 8 2t2i Raleigh Regional Office RE: NOV-202 1 -DV-043 0 This response is in reference to incident number 20101741, (SSO) which occurred in August 2021 on the Old Fields Outfall downstream of NC42 West in Wilson, N.C. The SSO occurred during a very heavy rainfall event in which the pipeline failed due to very high flows and pressures within the pipe. The official NWS station at Wilson 3SW received 70.38 inches of rainfall during 2020 and had already received 47.01 inches of rain by this event in 2021. The 2020 rainfall amount was the second highest rainfall amount in almost 100 years of record for this station and the 2021 rainfall was the annual equivalent of 70.5 inches thru August of this year. The extremely high flows were attributable to extremely high rainfall events exceeding even previous hurricane years and events. The City of Wilson has funding to begin replacement of this pipeline in the current budget. This project has also been planned in the CIP for several years. To date the City has spent over $200,000 on engineering alone. There is no financial advantage for the City in delaying this project. Any SSO is unfortunate and not desired. We believe high rainfall amounts, delays in obtaining easements, and inability to receive pipeline materials in a timely manner due to supply chain issues have all contributed to this project not being started as soon as we would have liked. Heavy rainfall events are not confined to just hurricanes or tropical systems, and can occur any time of year. We believe the NOV to be sufficient penalty for this SSO. Contact us if you have any further questions. Sincerely, (14,7 . i‘3 Barry G. Parks Director of Water Resources City of Wilson Cc: Mr. Tony Sears, Deputy City Manager ROY COOPER Governor ELIZABETH S. BISER Secretary S. DANIEL SMITH Director Certified Mail # 7020 3160 0000 223.9 3143 Grant W Goings, City Manager City of Wilson P 0 Box 10 Wilson, NC 27894-0010 NORTH CAROLINA Env6»mnental Quality October 07, 2021 SUBJECT: 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 Dear Mr. Goings: Received OCT 2 1 2021 Water Resources A review has been conducted of the self -reported Sanitary Sewer Overflows (SSO's) 5-Day Report/s 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: Incident Start Duration Number Date (Mins) Location Total Vol Total Surface Vol Water Cause (Gals) (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. North CaroNna Department of ErMronmentil Quality I W.itlon of Water Resowces Raleigh Regional Office I MOO Barren Drive : Raltigh, North Caroline 2T6a9 419.791.4200 This office requests that you respond to this Notice, in writing, within 10 business days of its receipt. In your response, you should address the causes of non-compliance, remedial actions, and ail 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 mitch.hayes@ncdenr.gov. Sincerely, frt. Scott Vinson, Regional Supervisor Water Quality Regional Operations Section Raleigh Regional Office Division of Water Resources, NCDEQ Cc: Raleigh Regional Office - WQS File Laserfiche Moen Carolina Deportment of Emerormnxal gm* 1 DM.knof Violet Resources Weigh Region,'Office 1MOO Damn Delve I Raleigh North Carolina D609 91979U700