WQCS00021_DV-2022-0007_20220216

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
S. DANIEL SMITH
Director
Certified Mail # 7020 3160 0000 4109 5084
Return Receipt Requested
Grant W Goings, City Manager
City of Wilson
PO Box 10
Wilson, NC 27894-0010
NORTH CAROLINA
Environmental Quality
February 16, 2022
SUBJECT: Notice of Violation and Assessment of Civil Penalty
for Violations of North Carolina General Statute (G.S.) 143-215.1(a)(1)
and Collection System Permit No. WQCS00021
City of Wilson
Wilson Collection System
Case No. DV-2022-0007
Wilson County
Dear Mr. Goings:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $536.57 ($500.00 civil penalty +
$36.57 enforcement costs) against City of Wilson.
This assessment is based upon the following facts: a review has been conducted of the Sanitary Sewer Overflow (SSO)
5-Day Report submitted by City of Wilson. This review has shown the subject facility to be in violation of the requirements
found in Collection System Permit No. WQCS00021 and G.S. 143-215.1(a)(I ). The violation(s) that occurred are
summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that City of Wilson violated the terms, conditions or requirements
of Collection System Permit No. WQCS00021 and G.S. 143-215.1(a)(1) in the manner and extent shown in Attachment A.
In accordance with the maximums established by G.S. 143-215.6A(a)(2), a civil penalty may be assessed against any
person who violates the terms, conditions or requirements of a permit required by G.S. 143-215.1(a).
North Carolina Department of Environmental Quality I Division of Water Resources
Raleigh Regional Office ! 3800 Barrett Drive I Rakich. North Carolina 27609
919.7914200

Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the
Secretary of the Department of Environmental Quality and the Director of the Division of Water Resources, I, Scott
Vinson, Regional Supervisor, Raleigh Regional Office hereby make the following civil penalty assessment against City of
Wilson:
$500.00 For 1 of the 1 violations of Collection System Permit No. WQCS00021 and G.S. 143-215.1(a)(1) for
Sanitary Sewer Overflow(s) resulting in a discharge without a valid permit.
$500.00 TOTAL CIVIL PENALTY
$36.57 Enforcement Costs
$536.57 TOTAL AMOUNT DUE
Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into account the Findings of Fact and
Conclusions of Law and the factors set forth at G.S. 143B-282.1(b), which are:
(1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property
resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs over which the Environmental
Management Commission has regulatory authority; and
(8) The cost to the State of the enforcement procedures.
Within thirty (30) days of receipt of this notice, you must do one of the following:
(1)
(2)
(3)
Submit payment of the penalty, OR
Submit a written request for remission, OR
Submit a written request for an administrative hearing
Option 1: Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environmental Quality (do not include waiver
form). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s).
Please submit payment to the attention of:
Attn: PERCS Branch
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617

Option 2: Submit a written request for remission or mitigation including a detailed justification for such
request:
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. Because a remission request forecloses the option of an administrative hearing,
such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation and
agreement that no factual or legal issues are in dispute. Please prepare a detailed statement that establishes why you
believe the civil penalty should be remitted, and submit it to the Division of Water Resources at the address listed below.
In determining whether a remission request will be approved, the following factors shall be considered:
(1) whether one or more of the civil penalty assessment factors in NCGS 143B-282.1(b) was wrongfully
applied to the detriment of the petitioner;
(2) whether the violator promptly abated continuing environmental damage resulting from the violation;
(3) whether the violation was inadvertent or a result of an accident;
(4) whether the violator had been assessed civil penalties for any previous violations; or
(5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions.
Please note that all evidence presented in support of your request for remission must be submitted in writing. The
Director of the Division of Water Resources will review your evidence and inform you of his decision in the matter of
your remission request. The response will provide details regarding the case status, directions for payment, and
provision for further appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty
Remissions (Committee). Please be advised that the Committee cannot consider information that was not part of the
original remission request considered by the Director. Therefore, it is very important that you prepare a complete and
thorough statement in support of your request for remission.
In order to request remission, you mutt complete and submit the enclosed "Request for Remission of Civil Penalties.
Waiver of KO to an Administrative Hearing, and Stipulation of Facts" form within thirty (30) days of receipt of thi_
notice. The Division of Water Resources also requests that you complete and submit the enclosed "Justification for
Remission Request."
Both forms should be submitted to the following address:
Attn: PERCS Branch
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
AND
Scott Vinson, Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ
1628 Mail Service Center, Raleigh
Raleigh, NC 27699-1628

Option 3: File a petition for an administrative hearing with the Office of Administrative Hearings:
If you wish to contest any statement in the attached assessment document, you must file a petition for an administrative
hearing. You may obtain the petition form from the Office of Administrative Hearings. You must file the petition with
the Office of Administrative Hearings within thirty (30) days of receipt of this notice. A petition is considered filed
when it is received in the Office of Administrative Hearings during normal office hours. The Office of Administrative
Hearings accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for official state
holidays. The petition may be filed by facsimile (fax) or electronic mail by an attached file (with restrictions) - provided
the signed original, one (1) copy and a filing fee (if a filing fee is required by NCGS §150B-23.2) is received in the
Office of Administrative Hearings within seven (7) business days following the faxed or electronic transmission. You
should contact the Office of Administrative Hearings with all questions regarding the filing fee and/or the details of the
filing process.
The mailing address and telephone and fax numbers for the Office of Administrative Hearings are as follows:
67I4 Mail Service Center
Raleigh, NC 27699 6714
Tel: [phone]
Fax: [phone]
One (1) copy of the petition must also be served on DEQ as follows:
Mr. William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, North Carolina 27699-1601
Please indicate the case number (as found on page one of this letter) on the petition.
Failure to exercise one of the options above within thirty (30) days of receipt of this letter, as evidenced by an internal
date/time received stamp (not a postmark), will result in this matter being referred to the Attorney General's Office for
collection of the penalty through a civil action. Please be advised that additional penalties may be assessed for violations
that occur after the review period of this assessment.
If you have any questions, please contact Mitchell Hayes with the Division of Water Resources staff of the Raleigh
Regional Office at (919) 79I-4200 or via email at [e-mail].
Sincerely,
Scott Vinson, Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ
ATTACHMENTS
Cc: WQS Raleigh Regional Office - Enforcement File
Laserfiche

Case Number: DV-2022-0007
Assessed Party: City of Wilson
Permit No.: WQCS00021
JUSTIFICATION FOR REMISSION REOUEST
County: Wilson
Amount Assessed: $536.57
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 apply. 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).
(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);
(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;
(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:

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
COUNTY OF WILSON
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST
City of Wilson
Wilson Collection System
PERMIT NO. WQCS00021
WAIVER OF RIGHT TO AN
ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
CASE NO. DV-2022-0007
Having been assessed civil penalties totaling $536.57 for violation(s) as set forth in the assessment document of the Division
of Water Resources dated February 16, 2022, 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 day of , 20
ADDRESS
SIGNATURE
TELEPHONE

PERMIT NO: WQCS00021
FACILITY: Wilson Collection System
Other Violations
ATTACHMENT A
City of Wilson
CASE NUMBER: DV-2022-0007
INCIDENT VIOLATION
NUMBER DATE VIOLATION TYPE
VIOLATION DESCRIPTION
REGION: Raleigh
COUNTY: Wilson
TOTAL VOLUME PENALTY
(GALLONS) AMOUNT
202101741 8/11/2021 CSOISSO(Sewer Overflow) Discharge without valid permit 13,500 $500.00

DIVISION OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT
Violator: City of Wilson
Facility Name: Wilson Collection System
Permit Number: WQCS00021
County: Wilson
Case Number: DV-2022-0007
ASSESSMENT FACTORS
1) The degree and extent of harm to the natural resources of the State, to the public health, or to private
property resulting from the violation;
A total of 13,500 gallons of wastewater overflowed into Bloomery Swamp due to a failed pipe. All 13,500 flowed into
Bloomery Swamp a Class C; NSW in the Neuse River Basin. Increased nutrients and pathogens to surface waters.
2) The duration and gravity of the violation;
The SSO started on 08.11.2021 at 10:30 am and ended the same day at 1:30 pm.
3) The effect on ground or surface water quantity or quality or on air quality;
The effect on water quality include increased nutrients and pathogens to surface waters
Lam,- %,tr
4) The cost of rectifying the damage;
The cost of rectifying the SSO was $26,000.
5) The amount of money saved by noncompliance;
It is believed that no money was saved by the noncompliance.
6) Whether the violation was committed willfully or intentionally;
It does not appear that the violation was committed willfully or intentionally.
54! i U—J s7ti
7) The prior record of the violator in complying or failing to comply with programs over which the
Environmental Management Commission has regulatory authority;
There has been one enforcement against the violator within the past 12 months.
8) The cost to the State of the enforcement procedures.
$36.57
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Date Scott Vinson, Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ

DWR
Division of Water Resources
State of North Carolina
Department of Environment and Natural Resources
Division of Water Resources
Collection System Sanitary Sewer Overflow Reporting Form
Form CS-SSO
PART 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: WQCS00021 (WQCS# if active, otherwise use WQCSD#)
Facility: Wilson Collection System Incident #: 202101741
Owner: City of Wilson
City: Wilson
County: Wilson Region: Raleigh
Source of SSO (check applicable): Fr 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): 35.718503, -77.973686
Manhole #:
Latitude (Decimal Degrees): Longitude (Decimal Degrees):
Incident Started Dt: 08/11/2021 Time: 10:30 am Incident End Dt: 08/11/2021 Time: 01:30 pm
(mm-dd-yyyy) (hh:mm AM/PM) (mm-dd-yyyy) (hh:mm AM/PM)
Estimated Volume of the SSO: 13,500 gallons Estimated Duration (Round to nearest hour): 3:0 hours
Describe how the volume was determined: 75ga1/min for 180min
Weather conditions during the SSO event: sunny
Did SSO reach surface waters?
El Yes ❑ No ❑ Unknown
Surface water name: Bloomery Swamp
Volume reaching surface waters (gals): 13500
Did the SSO result in a fish kill? ❑ Yes No ❑ Unknown If Yes, what is the estimated number of fish killed? 0
SPECIFIC cause(s) of the SSO:
El Other (Please explai 121 Pipe Failure (Break)
24 hour verbal notification (name of person contacted }: Chris Smith
[� DWR ❑ Emergency Mgmt Date (mm-dd-yyy): 08/12/2021 Time (hh:mm AM/PM): 08:30:00 am
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.
The Director, Division of Water Resources, may take enforcement action for SSOs that are reauired 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
Other (Please explain in Part II)
Describe:
concrete pipe collapsed from the top causing a blockage in the pipe
Were adequate equipment and resources available to fix the problem? IV Yes E] No E] NA El NE
If Yes, explain:
set up bypass pump and put in a section of PVC pipe
If the problem could not be immediately repaired, what actions were taken to lessen
the impact of the SSO?
Comments:
Pipe Failure (Break)
Pipe size (inches)
15
What is the pipe material?
concrete
What is the approximate age of line/pipe? (years old)
44
Is this a gravity line? p Yes ED No El NA ❑ NE
Is this a force main line? El Yes RI No El NA El NE
Is the line a "High Priority" line? [7J Yes l No [] NA E] NE
Last inspection date and findings
8/6/2021 no problems
If a force main then,
Was the break on the force main veritical? ❑ Yes ❑ No p NA [] NE
Was the break on the force main horizantai? l Yes E] No WI NA E] NE
CS-SSO Form Page: 2

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 17 NA ❑ NE
❑Yes ❑No 171NA ❑NE
Does the line receive flow from a force main immediately upstream of the failed secti ❑ Yes 17 No ❑ NA 0 NE
of pipe?
If yes, what measures are taken to control the hydrogen sulfide production?
When was the line last inspected or videoed?
If line collapsed, what is the condition of the line up and down stream of the failure?
pipe is thin on the top
What type of repair was made?
installed 1.5 sticks of 15" PVC
Is the repair temporary or permanent?
temporary
If temporary, when is the permanent repair planned?
plan on replacing from manhole to manhole on 8/16/2021 depending on the weather
Have there been other failures of this line in the past five years? 17 Yes ❑ No ❑ NA ❑ NE
If so, then describe
found sinkholes, we dug them up and repaired.
System Visitation
ORC 171 Yes
Backup ❑ Yes
Name:
Todd Young
Cert#
992492
Date visited:
8/13/2021
CS-SSO Form Page: 3

Time visited:
1:30 pm
How was the SSO remediated (i.e. Stopped and cleaned up)?
repaired damaged section of pipe. used flusher truck to vac area and put out lime
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: Date:
Signature: Title:
Telephone Number:
Any addition information desired to be submitted should be sent to the appropriate Division Regional Office within five days of I
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: 4

ROY COOPER
Caterer
ELZAasTH & O BER
Sweaty
S. DANIEL SMITH
CestlAed Mel tit 7020 3160 0000 2210 314j
Rdiunikambialsidel
Grant W Goings, City Manager
City of Wilson
P0Box 10
Wilson, NC 27894-0010
istranwwafpril4'
October 07, 2021
SUBJECT: NOTICE OF IROLJ1724PI a INTENT TO ISSUE CIVIL PENALTY
W eddng No.: N0Y-2021-DV-0430
Sanitary Sewer 0ilows - 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 (550'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 55O (Sanitary Sewer Overflow) to the land or surface waters arid the 550 constituted maldng an
outlet to waters of the State for purposes of G.S.143-215.1(ax1), 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 justlflcartion 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 Slalom
Reddent Start Dorados Vol Wader
Nimibar Oahe (Ms) Location Calm Pals) (OW) DWR Action
202101741 8/11/2021 180 35.718503,-77973686 Other, Pipe Mare 13,500 13,500 Moe of Violation -
(Reeh) Nadal of Intent
This Notice of Violation / Notice of Intent to Enforce (NOV/NOD Is being issued for the noted violation. Pursuant
to GS. 143-215.6A, a dvil penalty of not more than twenty-five thousand dollars ($25,000.00) may be armed
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 rellUastil that you respond to this Notion, in writing, within 10 bushing days of its
mei* In yew 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. Arent decisions will also be based on volume spilled, volume reaching surface
war col and gravity, impacts to public health, fish kills or recreational area closures. Other factors
considered in determinkng 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 Wince.
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 mltch.hayes®ncderw gov.
Sincerely,
2(4.4.44dia-- 7 ifos,------(7
%1t Scott Vinson, Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Dhdsion of Water Resou r es, NCD®Q
Cc Raleigh Regions/ Office - WQS Rie
Laserfiche
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ROY COOPER
Governor
EIIZABETH S. BISER
Secretary
S. DANIEL SMITH
Dinctor
Certified Mail # 7020 3160 0000 2219 3143
MitilLILACOMENBLegfg
Grant W Goings, City Manager
City of Wilson
P 0 Box 10
Wilson, NC 27894-0010
A
Environmental
1 u 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:
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 falling 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 (Gals) (Gab) 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, in welting, 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,
774--reAr-Odie--
/At Scott Vinson, Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ
Cc: Raleigh Regional Office - WQS File
Laserfiche
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ROY COOPER
Coownor
EUZABETH S. BISER
secrrtw y
S. DANIEL SMITH
Director
C&Etified Mall # 7020 3160 0000 2219 3143
Grant W Goings, City Manager
City of Wilson
P 0 Box 10
Wilson, NC 27894-0010
n R�ROUNA
t&Qeary
October 07, 2021
SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY
Traddng No.: NOV-2021-DV-0430
Sanitary Sewer Overflows - August 2021
Collection System Permit No. WQCS00021
Wilson Collection System
Wilson County
Dear Mr. Goings:
MIL=
2dz
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:
Total Vol
Total Surface
Inddent Start Duration Vol Water
Number Date (Mine) Location 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.
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i.ITY OF WILSON
PO BOX 10
WILSON, NC 27890-0010
NOV-2021-DV.0430 / NOV-INTENT TO ASSESS/ 20211011
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Permit No. G-10
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WATER QUALITY REGIONAL
OPERATIONS SECTION
NC-DEQ RALEIGH REGIONAL OFFICE
3800 BARRETT DRIVE
RALEIGH, NC 27609
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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
INCORPOPA11D 1*10
CITY MINED I P.O. 110311101 MO MERNN0 AVENUE I VALSON. NORIN CAROUNA 21*140010I 1ELIPMOLrt 2923*9 24IIS I SACSIMRE 2S2.1952I53
EOVAL OPPORTUNITY EMPLOYER

of the outfall, decrease money available for continued system maintenance, and further increase
existing budgetary constraints.
Please call meat [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

Permit Enforcement History Details by Owner
1/26/2022
Owner :
Facility
Permit :
Region :
City of Wilson
Wilson Collection System
WQCS00021
Raleigh
County : Wilson
Penalty Remission Enf Enf EMC EMC OAH Collection Has
Assessment Penalty Enforcement Request Conf Remission Hearing Remission Remission MemoSent Total Balance Pmt Case
Case MR Approved Amount Costs Damages Received Held Amount Held Amount Amount To AGO Paid Due Plan Closed
Number
DV 2020-011f 10/2/20 $500.00 $35.01 $535.01 $0.00 No 11/6/20
DV-2021-0071 5/17/21 $250.00 $36.57 $286.57 No
Total Cases:
2 Total Penalty Amount: $750
Total Enforcement Cost: $71.58
Sum Of Total Paid:$535.01 Total Balance Due : $286.57
Sum of Total Case Penalties: $821.58 Total Penalties After Remissions : $821.58

AIM
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Resources
Water Quality Programs
Pat McCrory Thomas A. Reeder John E. Skvarla, III
Governor Director Secretary
January 30, 2014
Barry G. Parks, Director of Water Resources
City of Wilson
P.O. Box 10
Wilson, NC 27894-0010
Subject: Permit No. WQCS00021
City of Wilson
City of Wilson Collection System
Wilson County
Dear Mr. Parks:
In accordance with your application received December 12, 2013, we are forwarding herewith
Permit No.WQCS00021 dated January 30, 2014, to the City of Wilson for the operation and
maintenance of the subject wastewater collection system.
This permit shall be effective from August 1, 2014 until July 31, 2022 and shall be subject to the
conditions and limitations specified herein. It is your responsibility to thoroughly review this
permit. Please pay particular attention to the monitoring and reporting requirements in this
permit.
The City has a Response Action Plan; however the reporting requirements are under the
subheading In Citizen's Yard (page 2) as if they only apply if spilled in a yard. Please clarify that
the reporting requirements apply to all S SOs. The reporting requirements pick up on the page 4.
An oral report of an SSO must be made within 24 hours of first knowledge of a spill to the
appropriate regional office during regular business hours or to the Emergency Management
System (800-858-0368) after hours, weekends and holidays. The follow-up written report is due
to the regional office in 5 days. If the City has an internal policy of having the report completed
within 24 hours that is acceptable. Update the Response Action Plan to clarify the reporting
requirements and submit a copy to the Raleigh Regional Office by May 1, 2014.
For purposes of permitting, the collection system is considered to be any existing or newly
installed system extension up to the wastewater treatment facility property or point of connection
with a separately owned sewer system. The collection system is considered all gravity lines,
pump stations, force mains, low pressure sewer systems, STEP systems, vacuum systems, etc.
and associated piping, valves and appurtenances that help to collect, manage and transport
1617 Mail Service Center, Raleigh, North Carolina 27699-1617
Location: 512 N. Salisbury St. Raleigh, North Carolina 27604
Phone: [phone] I FAX: [phone]
Internet www.ncwaterquality.org
An Equal Opportunity I Affirmative Action Employer
NonrthCarohna
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