WQCS00005_NOV-2021-DV-0331 Response_20210901

WATER MANAGEMENT
CITY OF DURHAM
Date: September 1, 2021
NC Dept of Environmental Quality
SEP 01 zw
Raleigh Regional Office
To: Scott Vinson, Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
NCDEQ, Division of Water Resources
3800 Barrett Drive
Raleigh, N.C. 27609
From: Don Greeley, P.E., P.L.S., Director
Subject: NOV-2021-DV-0331, Permit No. WCS00005
City of Durham Collection System, Durham County
received the document addressed to
(please print NAME)
Raleigh Regional Office on Wednesday, September 1, 2021.
Signature
Da e
1600 Mist Lake Dr. Durham, NC 27704
919.560.4381 I DurhamNC.gov I follow Us @Cit o© rhamNNCC

WATER MANAGEMENT
CITY OF DURHAM
September 1, 2021
Mr. Scott Vinson, Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
NCDEQ, Division of Water Resources
3800 Barrett Drive
Raleigh, N.C. 27609
Subject: NOV-2021-DV-0331, Permit No. WQCS00005
City of Durham Collection System, Durham County
Dear Mr. Vinson,
This letter is in response to your notice dated August 10, 2021 which was received by the City of Durham on
August 18, 2021. The August 10, 2021 letter states that the City of Durham is provided an opportunity to present
evidence and justification to demonstrate that the proposed civil penalties for the Notice of Violation (NOV) should
not be assessed for the sanitary sewer overflows (SSOs) which occurred in the City's sewer collection system
between July 1, 2021 and July 31, 2021.
As requested, the City of Durham, Department of Water Management (DWM) is providing information about the
two incidents which occurred during this timeframe which will support the City's position that despite meeting all
the conditions of the City's Collection System permit including site visits, inspections and easement maintenance,
these events were exceptional, unintentional, temporary and beyond the City's exercise of reasonable control.
Incident # 202101477 - 4 Anson Street —July 1 2021
On July 1, 2021 City staff responded to a report of a sewer overflow near 4 Anson Street. The overflow had
occurred due to a blockage in the sewer main with an estimated 6,750 gallons of wastewater being discharged into
Third Fork Creek. Upon investigation, staff determined that the blockage in the sewer main was caused by a
buildup of non -woven materials (debris). Water and Sewer Maintenance staff used a high-pressure jet to remove
the blockage from the main, cleaning the lines with a VAC -ALL combo truck. The creek was dammed and then
flushed using dechlorinated water from a nearby hydrant. The untreated wastewater was pumped back into the
sanitary sewer system (4" pump used). On July 2, 2021 a crew was assigned to follow up on the section of pipe up
and down from the incident location and the area has been placed on a Hotspot program with continuous
monitoring and flushing on a quarterly basis to reduce the chance of a repeat event.
The City's Stormwater Services Division responded and conducted ammonia testing to help determine the extent
of the spill and to advise when the site returned to normal conditions. No immediately visible adverse
environmental impacts or hazards to persons or property occurred.
City of Durham crews have followed up by cleaning the lines above and below the incident location and using CCTV
trucks. As required, a news release was issued within the 24-hour window. The cost to remediate this spill was
$3,890,39.

Page 3 of 3
Durham County Health Department, staff routinely inspect over 800 food service establishments (FSEs)
annually to ensure appropriate cleaning and maintenance of grease interceptors. Staff participates in a
number of community events (Earth Day, CenterFest, and Landlord Workshops) as well as neighborhood
meetings to increase awareness of what is appropriate to put in the sewer system. FOG staff conducts post-
SSOs follow-up education and enforcement as necessary. The City also invests more than $35,000 per year in
advertising (TV commercials, social media, etc.) regarding the proper disposal of FOG.
Summary:
Based upon the documented information provided above regarding these incidents, the City believes that
overflows were exceptional, unintentional, temporary and caused by factors beyond the City's/department's
reasonable control. The City actively manages, operates and maintains its system in such a manner as to meet all
the requirements of the Collection System permit. As detailed above, the City systematically inspects, flushes and
rehabilitates its wastewater collection system. The department works actively to educate the community
regarding what should and should not be discharged into the City's sewer collection system.
Department staff welcomes the opportunity to meet with you and your staff to review our program and discuss
constructive ways to improve what we are already doing in the City of Durham. If you have any questions or need
any additional information please do not hesitate to contact me at [phone] or via email at
[e-mail].
Sincerely,
�e�
Donald F. Greeley, Dire
Attachments
c: Jason Robinson, DEQ— Water Quality Regional Operations Section, Raleigh Regional Office
Junior Mobley, Superintendent, Water & Sewer Maintenance
Vicki Westbrook, Assistant Director
Jerry Morrone, Utility Engineering Manager, Sr.

State of North Carolina
Department of Environment and Natural Resources
DWR Division of Water Resources
Collection System Sanitary Sewer Overflow Reporting Form
Division of Water Resources Form CS-SSO
WRT 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: WQCS00005 (WQCS# if active, otherwise use WQCSD#)
Facility: Durham Collection System Incident #: 202101477
Owner: City of Durham
City: Durham
Source of SSO (check applicable):
County: Durham Region: Raleigh
21 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): 4 Anson St.
Manhole #: 11214
Latitude (Decimal Degrees):
Longitude (Decimal Degrees):
Incident Started Dt: 07/01/2021 Time: 1:00 pm Incident End Dt: 07/01/2021 Time: 01:45 pm
(mm-dd-yyyy) (hh:mm AM/PM) (mm-dd-yyyy) (hh:mm AM/PM)
Estimated Volume of the SSO: 6,750 gallons Estimated Duration (Round to nearest hour): 0:45 hours
Describe how the volume was determined: 150gpmx45mins
Weather conditions during the SSO event: Dry
Did SSO reach surface waters? 0 Yes ❑ No ❑ Unknown Volume reaching surface waters (gals): 6750
eurface water name: Third Fork Creek
Did the SSO result in a fish kill? ❑ Yes [INo ❑ Unknown If Yes, what is the estimated number of fish killed? 0
SPECIFIC cause(s) of the SSO:
Z Debris in line
A
24 hour verbal notification (name of person contacted ): Chang Zhang
Q DWR ❑ Emergency Mgmt Date (mm-dd-yyy): 07/01/2021 Time (hh:mm AM/PM): 03:15:00 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 alternative 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 I
•
(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?
Nonwoven Fabrics
Suspected cause or source of debris.
Flushing from toilets from local businesses in area.
Are manholes in the area secure and intact?
When was the area last checked/cleaned?
07/01 /2021
Have cleaning and inspections ever been increased at this location due to previous
problems with debris?
Explain:
W Yes ❑ No DNA FINE
❑ Yes Rj No ❑ NA ❑ NE
Are appropriate educational materials being developed and distributed to prevent futi 0 Yes ❑ No ❑ NA NE
Wsimilar occurrences?
Comments:
Will have all lines cleaned within the area and put the area in question on a 3 month hotspot program this hotspot progr
will have us going out to the monitor site and flushing area to monitor issue.
System Visitation
ORC Yes
Backup 7 Yes
Name:
Kerry Sanford
Cart#
992773
Date visited:
07/01 /2021
Time visited:
. 1:OOpm
CS-SSO Form Page: 2

How was the SSO remediated (i.e. Stopped and cleaned up)?
Upon arrival we had a quick response crew flush with mini flusher to unblock issue the crew had a debri basket in line to
catch any blockage issue ater removed The crew unblocked sewer main at 1:45pm and pulled several nonwoven rags o
in the basket The crew came with a bypass pump we had nositioned on Alston ave. to catch any untreated wastewater
and return baack to collection system Sandbags were set up to create a dam so we could bypass all the untreated
•wastewater back into the collection system ' We setup a defuses on active fire hydrant to push the creek and any
untreated wastewater down to the bypass pump. We also have a crew in motion on 07/02/2021 to follow up on spill locati,
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: Kerry Evan Sanford Date:
07/02/21 09:00 am
Signature: ��! _ ,6 Title: �� J-s
Telephone Number:
Any addition information desired to be submitted should be sent to the appropriate Division Regional Office within five days of t
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

Walker, Daniel
From:
• Sent:
Subject:
Lunne, Joe
Friday, July 2, 2021 11:07 AM
SSO at 4 Anson Street
PUBLIC AFFAIRS
City Manager
CITY OF DURHAM
News Media Contact
Joe Lunne, Sr. Public Information & Comms Analyst
Water Management
919.560.4381 ext. 35255 1 919.397.6131(mobile)
9 Ah �.
For Immediate Release: July 2, 2021
City of Durham contains sewer spill at 4 Anson Street
[e-mail]
DURHAM, N.C. —The City of Durham Department of Water Management reports that on July 1, 2021 staff responded
to a sewer overflow at 4 Anson Street. Approximately 6,750 gallons of untreated wastewater flowed into a tributary
of Third Ford Creek. While clearing the sewer main it was determined that the overflow was due to a blockage caused
by nonwoven fabrics in the sewer main.
Off were notified of the overflow at 1 p.m. on July 1, 2021 and the blockage was cleared at 1:45 p.m. Crews jetted
the main, remediated the spill site, dammed the creek downstream, flushed the creek, and pumped the untreated
wastewater back into the sanitary sewer system. There were no observed hazards to persons or property.
As a reminder, only water, human waste, and toilet paper are permitted to be discharged into the sewer system. All
other materials —including the fats, oils, and grease (FOG) that should not be allowed into the sink —contribute to
sanitary sewer overflows. To learn more about the way FOG clogs pipes and how to properly dispose of them, visit our
Industrial Waste Control, Pretreatment, and Grease Reduction Program at www.durhamnc.gov/1077.
The N.C. Department of Environmental Quality Division of Water Resources was notified of the event on July 1, 2021,
as required by state regulations/law. For more information, contact Junior Mobley, Superintendent of Water & Sewer
Maintenance.
101 City Hall Plata, Secand Floor, Durham, NC 27701 919.5F.0.4123 ❑urhamNC.gov follow Us @CityafDurhamNC
00 0

State of North Carolina
Department of Environment and Natural Resources
DWR Division of Water Resources
Collection System Sanitary Sewer Overflow Reporting Form
`Division of Water Resources Form CS-SSO
This form shall be submitted to the appropriate DWO Regional Office within five business days of the first knowledge of the
sanitary sewer overflow (SSO).
Permit Number: WOCS00005 (WQCS# if active, otherwise use WQCSD#)
Facility: Durham Collection System i Incident #: 202101506
Owner: City of Durham
City: Durham County: Durham Region: Raleigh
Source of SSO (check applicable): 2 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): 1208 Herthside Street
Manhole #: SEWER ID 16982
Latitude (Decimal Degrees): Longitude (Decimal Degrees):
Incident Started Dt: 07/06/2021 Time: 12:00 pm Incident End Dt: 07/06/2021 Time: 11:50 pm
(mm-dd-yyyy) (hh:mm AM/PM) (mm-dd-yyyy) (hh:mm AM/PM)
Estimated Volume of the SSO: 14,200 gallons Estimated Duration (Round to nearest hour): 11:50 hours
Describe how the volume was determined: 20gpm x 710 minutes = 14,200gallons
Weather conditions during the SSO event:
Sid SSO reach surface waters? [JJ Yes []No ❑ Unknown Volume reaching surface waters (gals): 14200
urface water name: Third Fork Creek
Did the SSO result in a fish kill? ❑ Yes ❑ No 0 Unknown If Yes, what is the estimated number of fish killed?
SPECIFIC cause(s) of the SSO:
M Pipe Failure (Break)
24 hour verbal notification (name of person contacted ): Mitchell S Hayes
0 DWR ❑ Emergency Mgmt Date (mm-dd-yyy): 07/06/2021 Time (hh:mm AM/PM): 01:20:00 pm
If an SSO is ongoing, please notify the appropriate Regional Office on a daily basis until SSO can be stopped.
Per G.S. 143-215.1C(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.
1) the discharge was cause by sever natural conditions and there were no feasible alternative 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 ll 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

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 I •
(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
Pipe Failure (Break)
Pipe size (inches)
12
What is the pipe material?
VCP
What is the approximate age of line/pipe? (years old)
49
Is this a gravity line?
Is this a force main line?
Is the line a "High Priority" line?
Last inspection date and findings
If a force main then,
Was the break on the force main veritical?
Was the break on the force main horizantal?
Was the leak at the joint due to gasket failure?
Was the leak at the joint due to split bell?
When was the last inspection or test of the nearest air -release valve to determine of
operable?
When was the last maintenace of the air release performed?
If gravity sewer then,
Yes ❑ No ❑ NA ❑ NE
❑ Yes ® No ❑ NA ❑ NE
❑ Yes ® No ❑ NA ❑ NE
•
❑ Yes 0 No ❑ NA ❑ NE
❑ Yes 71 No ❑ I iA ❑ NE
❑ Yes ® No ❑ NA ❑ NE
❑ Yes © No ❑ NA ❑ NE
Does the line receive flow from a force main immediately upstream of the failed secti ❑ Yes 7 No ❑ NA ❑ NE
of pipe?

If yes, what measures are taken to control the hydrogen sulfide production?
When was the line last inspected or videoed?
N/A
• line collapsed, what is the condition of the line up and down stream of the failure?
What type of repair was made?
sewer Point Repair
Is the repair temporary or permanent?
Permanent
If temporary, when is the permanent repair planned?
Have there been other failures of this line in the past five years?
If so, then describe
System Visitation
ORC
Backup
*Name:
Kerry E Sanford
Cert#
992773
Date visited:
07/06/2021
Time visited:
01:OOpm
Yes W No NA NE
Yes
0 Yes
How was the SSO remediated (i.e. Stopped and cleaned up)?
the creek bank had eroded exposing and damaging the 120 sewer line 14,200 gallons of wastewater flowed into a tribui
of Third Fork Creek Due to an earlier overflow on July 1 equipment sandbags and pump were already in place
Staff discovered the overflow at 12.00 p.m. and the spill was contained at 11.50 p.m. Crews repaired the sewer line by
excavating the damaged sewer line removing the damaged VCP pipe segment and installing a new DIP pipe segment
remediated the spill site flushed the creek and pumped the untreated wastewater back into the sanitary sewer system
•
g

As a representative for the responsible party, 1 certify that the information contained in this report is true and accurate to the
best of my knowledge.
Person submitting claim: Kerry Evan Sanford Date: 07/08/21 09:34 am
Signature:
Telephone Number:
Title: C/t SI •
Any addition information desired to be submitted should be sent to the appropriate Division Regional Office within five days of 1
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).
•
is

Walker, Daniel
From: Lunne, Joe
•Sent: Wednesday, July 7, 2021 11:25 AM
Subject: SSO behind 1208 Hearthside Street
PUBLIC AFFAIRS
City Manager
CITY OF DURHAM
News Media Contact
Joe Lunne, Sr. Public Information & Comms Analyst
Water Management Dept.
919.560.4381 ext. 35255 1 919.397.6131(mobile)
[e-mail]
For Immediate Release: July 7, 2021
City of Durham contains sewer spill behind 1208 Hearthside Street
DURHAM, N.C. —The City of Durham Department of Water Management reports that on July 6, 2021 Collections
System Maintenance staff was investigating an outfall for a possible sewer spill. They discovered that the creek bank
had eroded, exposing and damaging the 12" sewer line. Approximately 14,200 gallons of wastewater flowed into a
tributary of Third Fork Creek. Due to an earlier overflow on July 1, equipment, sandbags, and pump were already in
�ce.
Staff discovered the overflow at 12:00 p.m. and the spill was contained at 11:50 p.m. Crews repaired the sewer line,
remediated the spill site, flushed the creek, and pumped the untreated wastewater back into the sanitary sewer
system. There were no observed hazards to persons or property.
The N.C. Department of Environmental Quality Division of Water Resources was notified of the event on July 7, 2021,
as required by state regulations/law. For more information, contact Junior Mobley, Superintendent of Water & Sewer
Maintenance.
101 City Hi;: plaza, Second floor, purham, NC 2770L 919.560.4123 Durham NC_gov Follow Us @CityofDurhannNC
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ROY COOPER
Covemor
ELIZABETH S. BISER
Secretary
S. DANIEL SMITH
Director
Certified Mail # 7020 3160 0000 2219 2771
Return Receipt Requested
Donald F Greeley, Director
City of Durham
101 City Hall Plaza
Durham, NC 27701-3329
ia. SiA7Eq
i
1
au.
NORTH CAROLINA
Environmental Quality
August 10, 2021
SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY
Tracking No.: NOV-2021-DV-0331
Sanitary Sewer Overflows - July 2021
Collection System Permit No. WQCS00005
Durham Collection System
Durham County
Dear Mr. Greeley:
ReceMed
Office of tm Dftcw
OeptofWater Maneger nt
A review has been conducted of the self -reported Sanitary Sewer Overflows (SSO's) 5-Day Report/s submitted by
City of Durham. The Division's Raleigh Regional Office concludes that the City of Durham violated Permit Condition
I (2) of Permit No. WQCS00005 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 Durham an opportunity to provide evidence and justification as
to why the City of Durham 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
202101477
7/1/2021
45 4 Anson St. Debris in line
6,750
6,750
Notice of Violation
Notice of Intent
202101506
7/6/2021
710 1208 Herthside Street Pipe Failure (Break)
14,200
14,200
Notice of Violation
Notice of Intent
North Carolina Depart ntafEnvironmental QudRy l Melon of Water Resources
LL!!�� VVV111 Raleigh Regional Offke 13800 Itarrett Drive l ealeigh NorN Cardlna 27609
919.7914200

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 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,
Scott Vinson, Regional Supervisor
U Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ
Cc: Raleigh Regional Office - WQS File
Laserfiche
North Carolina Department of Envhomnental Qualtty I DlvWoo of Water Resources
Roklgh RNIl Offk I U008arrett DNve I �Igh North GMIIW2]609
tl 919.791A200

v U.S. POSTAGE)) PITNEY 60WE5
02 4VV $ 006.96°
0000345925AUG 12 2021
DONALD F. GREELY, DIRECTOR
CITY OF DURHAM
101 CITY HAL PLAZA
DURHAM, NC 27701-3329