WQCS00002_DV-2022-0005_20220216

DIVISION OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT
Violator: City of Raleigh
Facility Name: Raleigh Collection System
Permit Number: WOCS00002
County: Wake
Case Number: DV-2022-0005
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 6,300 gallons spilled into Hare Snipe Creek, a class C; NSW waters in the Neuse River Basin, due to pipe
failure. All 6,300 gallons flowed into the creek. Increased nutrients and pathogens to surface waters.
2) The duration and gravity of the violation;
The SSO started 08.04.2021 at 10:50 am and ended the same day at 2:30 pm.
3) The effect on ground or surface water quantity or quality or on air quality;
The effect on surface water quality include increased nutrients and pathogens
4) The cost of rectifying the damage;
U) .,,,-,$,
The cost of rectifying the SSO is $1,612.61.
5) The amount of money saved by noncompliance;
The cost to treat 6,300 gallons of wastewater is approximately $9.45.
6) Whether the violation was committed willfully or intentionally;
The spill was neither willful or intentional; it resulted from a partially collapsed sewer manhole wall.
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 have been 8 enforcement cases against the violator within the past 12 months.
8) The cost to the State of the enforcement procedures.
$36.57
Date
Scott Vinson, Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
S. DANIEL SMITH
Director
Certified Mail # 7020 3160 0000 4109 5060
Return Receipt Requested
Whit Wheeler, Assistant Public Utilities Director
City of Raleigh
PO Box 590
Raleigh, NC 27602-0590
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. WQCS0O002
City of Raleigh
Raleigh Collection System
Case No. DV-2022-0005
Wake County
Dear Mr. Wheeler:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $286.57 ($250.00 civil penalty
$36.57 enforcement costs) against City of Raleigh.
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 Raleigh. This review has shown the subject facility to be in violation of the requirements
found in Collection System Permit No. WQCS00002 and G.S. 143-215.1(a)(1). 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 Raleigh violated the terms, conditions or
requirements of Collection System Permit No. WQCS00O02 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 Deportment or Ene ranmental Quality I DWklon of Water Resources
Rakigh Regional Office i 7EOO Bonen Drive I Ralegh. North Carollua 27609
919.791.4200

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
Raleigh:
$250.00 For 1 of the 1 violations of Collection System Permit No. WQCS00002 and G.S. 143-215.1(a)(1) for
Sanitary Sewer Overflow(s) resulting in a discharge without a valid permit.
$250.00 TOTAL CIVIL PENALTY
$36.57 Enforcement Costs
$286.57 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) Submit payment of the penalty, OR
(2) Submit a written request for remission, OR
(3) Submit a written request for an administrative hearing
Option I: 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 retest remission, You must complete and submit the enclosed "Request for Remission of Civil Penalties,
diver of Right to an Administrative Hearin and Stimulation of Facts" form within thi ii 0) days of receiEL of this
notice. The Division of Water Resources also requests thyou 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 5:00 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:
6714 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 [phone] 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
PERCS Compliance/Enforcement Unit - Enforcement File

Case Number: DV-2022-0005
Assessed Party: City of Raleigh
Permit No.: WQCS00002
JUSTIFICATION FOR REMISSION REQUEST
County: Wake
Amount Assessed: $286.57
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 (Le., 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 WAKE
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST
City of Raleigh
Raleigh Collection System
PERMIT NO. WQCS00002
WAIVER OF RIGHT TO AN
ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
CASE NO. DV-2022-0005
Having been assessed civil penalties totaling $286.57 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
SIGNATURE
ADDRESS
TELEPHONE

PERMIT NO: WQCS00002
FACILITY: Raleigh Collection System
ATTACHMENT A
City of Raleigh
CASE NUMBER: DV-2022-0005
Other Violations
INCIDENT VIOLATION
NUMBER DATE VIOLATION TYPE
VIOLATION DESCRIPTION
REGION: Raleigh
COUNTY: Wake
TOTAL VOLUME PENALTY
(GALLONS) AMOUNT
202101684 8/4/2021 CSO/SSO(Sewer Overflow) Discharge without valid permit 6,300 $250.00

Water Resources
EMY*RONNENTAL OIIALrlY
June 6, 2017
Mr. Matthew P. Vessie, Sewer Maintenance Superintendent
City of Raleigh
PO Box 590
Raleigh, NC 27602-0590
Subject: Permit No. WQCS00002
City of Raleigh
Raleigh Collection System
Wake County
Dear Mr. Vessie:
ROY COOPER
Governor
MICHAEL S. REGAN
Secretory
S. JAY ZIMMERMAN
Director
in accordance with your application received May 19, 2015 and Settlement Agreement (16 EHR 00538 and
16EHR 00843), we are forwarding herewith Permit No. WQCS00002, dated June 6, 2017, to the City of Raleigh
for the operation and maintenance of the subject wastewater collection system.
This permit shall be effective from June 6, 2017 until January 31, 2024 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 and any special conditions.
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 wastewater to a wastewater treatment plant under the Permittee's
ownership or maintained and operated by the Permittee through a perpetual legal agreement. Satellite
systems are systems tributary to the Permittee's collection system but those collection systems are not owned
or maintained by the Permittee. The system description provided on Page 1 of this permit is meant to provide
a general idea about the size of the system and may not be all inclusive of the collection system at the time of
permit issuance or afterward.
A discharge of wastewater to the environment from the Permittee's wastewater collection system prior to
reaching the wastewater treatment facilities is referred to herein as a Sanitary Sewer Overflow (SSO). The
evaluation of enforcement options after an SSO will be determined considering all relevant information
available or requested of the Permittee. Compliance with ail conditions of the permit as well as all statutes
and regulations pertaining to the wastewater collection system must be maintained or appropriate
enforcement actions may be taken as noted in Condition VI(2).
State of North Caroline I Envimarrxntal Quality
16(7 Mail Service Carta I Raleigh, North Caroline 27699-1617
919.707-9000

Raleigh Collection System
June 6, 2017
A reportable SSO is an SSO greater than 1,000 gallons to the ground or an SSO of any amount that reaches
surface water (including through ditches, storm drains, etc.). Reporting requirements including the required
verbal report and written report to the appropriate regional office are referenced in Condition IV(2). Form
CS-SSO can be downloaded from the SSO Reporting area at: htto:I/Aortal.ncdenr.ore/web/wa/swo/ogcs/sso
A notice of deficiency (NOD), notice of violation (NOV), civil penalty, and/or a moratorium on the addition of
waste to the system may be issued if adequate justification for an SSO is NOT submitted to the regional office.
in order to submit a claim for justification of an SSO, you must use Part II of form CS-SSO with additional
documentation as necessary. DWR staff will review the justification claim and determine if enforcement
action is appropriate. Please be advised that the information needed to justify a spill is very comprehensive.
If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to
request an adjudicatory hearing upon written request within thirty days following the receipt of this permit.
This request must be in the form of a written petition, conforming to Chapter 1SOB of the North Carolina
General Statutes, and filed with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC
27699-6714. Unless such demands are made, this permit shall be final and binding.
If you have questions regarding compliance, contact the appropriate regional office. if you need additional
information concerning this permit, please contact Steve Lewis at [phone].
Sincerely,
La At,
for S. Jay Zimmerman, P.G.
Director, Division of Water Resources
by Deborah Gore, Supervisor
Pretreatment, Emergency Response, Collection System Unit (PERCS)
enclosure: Permit No. WQCS00002
cc: Raleigh Regional Office, Water Quality Regional Operations
Water Resources Central Flies —WQCS00002
Maureen Kinney, NC Operators Certification Program (electronic)
PERCS Files (electronic)

004
/0
Raleigh Water
November 1st, 2021
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-2021-DV-0426
Sanitary Sewer Overflows — August 2021
Permit No. WQCS00002
Dear Mr. Vinson:
NcDept of2 tal Quality
NOV 01 Ara
Raleigh Regional Office
Please allow this letter to serve as a response to the Notice of Violation & Intent to Issue Civil Penalty
document (NOV-2021-DV-0426) received on October 18th, 2021. This document contains the narrative regarding
a pending violation actions of (1) Sanitary Sewer Overflow (SSO) event, which occurred during the month of
August 2021 within the City of Raleigh Collections System (1). This document also provides exhibits as proof of
our efforts to mitigate the sewer event. The noticed event 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 spills; contain the released wastewater;
collect the wastewater and reintroduce it to the collection system; and finally, restoring the possible
environmental impacts brought by the release of the SSO event, listed with the intended NOV-NOI action. Please
find below, the additional information requested for the SSO event.
1. 'The Director may take enforcement action against the Permittee for SSOs that must be reported to the Division as stipulated In Condition IV92). This includes 550s 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 550, such as the use of auxiliary treatment fadlitles, retention of untreated
wastewater, reduction of Inflow and Infiltration, use of adequate back-up equipment, or an increase in the capadty of the system. 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
fadlities, adequate back-up equipment or should have reduced Inflow and Infiltration; or
lb.) The 550 was exceptional, unintentional, temporary and caused by factors beyond the reasonable control of the Permittee; the 550 could not have been prevented by
the 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 back-up equipment;'
1

incident Number # 202101684 — 08/04/2021-- 5101 Glenwood Ave., Raleigh, NC
This spill was neither willful nor intentional; it resulted from a partially collapsed sewer manhole wall.
Although no active SSO was witnessed during the discovery of the partial manhole collapse, the presence of
paper debris was indicative of a previous sewer spill. Based on hydraulic modeling and the amount of flow
recovered from. Hare Snipe Creek, it was determined that the approximate volume of the spill was 6,300 gallons.
On 08/04/2021, at approximately 11:00 AM, a Utility Inspector identified sewer debris at the base of
sewer manhole SMH118791 (see exhibit 1- Partial collapse). A close inspection identified that an approximately
two -foot section of the wall had collapsed, leading to a subsequent sewer overflow through the opening and
onto the creek below. The responding staff took all reasonable steps to stop and mitigate the impact of the
damage as soon as they arrived, restoring the manhole at approximately 2:30 PM on the same day. Repair crews
were able to patch the collapsed portion of the wall with hydraulic cement, restoring the sewer flow within the
manhole walls (see exhibit 2 — Repaired manhole).
Containment and collection of this spill event consisted of employing a temporary spill containment
within the affected area (see Exhibit 3 — Restoration and Containment). This approach was intended to contain
wastewater flow and minimize the environmental impact on the surrounding surface waters of the state.
Responding crews employed a pump at the temporary containment site to recover wastewater and any
evidence of sewer completing the operation by re -introducing the wastewater to the collection system. During
the restoration phase of the operation, crews utilized ample potable water to flush and remove wastewater
debris from the affected area, including the manhole and the creek. This spill was contained without a significant
environmental impact on the adjacent area and its natural resources. Visual inspection of the affected area and
downstream waters confirmed no fish kill or unnecessary vegetative damage.
This manhole damage may have been attributed to a previous wet weather event. The accumulated
rainfall reached 2.52 inches of precipitation recorded for July 8th 2021. This sewer asset has no history of
weather -related issues. See Exhibit 4 — Weather Report.
The cost associated with the mitigation of this event amounted to $1,612.61. The approximate cost to
the Utility to have treated 6,300 gallons of wastewater would have been approximately $9.45. 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.
This 30-inch reinforced concrete pipe serves as a major interceptor pipe for the Crabtree Creek corridor.
It has been identified as a high -priority asset, which requires to be inspected regularly as per the Sanitary Sewer
Collections system permit. Previous inspections did not show any structural issues or concerns. Before this
event, maintenance records show that sections of this collection system were inspected as follows:
3/12/2019 — No infrastructure deficiencies noted
9/24/2019 — No infrastructure deficiencies noted
2/27/2020 — No infrastructure deficiencies noted
8/11/2020 — No infrastructure deficiencies noted
8/4/2020 — No infrastructure deficiencies noted
9/8/2020 — No infrastructure deficiencies noted
1/7/2021— No infrastructure deficiencies noted
NOTE: This section of main Is scheduled to be abandoned as part of the Crabtree PH3 CIP project currently in
design.
2

A press release notification associated with this event was published in the Raleigh News & Observer on
08/05/2021(Exhibit 5 — Press release).
Exhibit 1- Partial Collapse
3

Exhibit 2 — Repaired manhole
Exhibit 3 — Restoration and Containment
4

Exhibit 4- Weather Report
Almanac for Raleigh Area. NC (ThreadEx)
July 8.2021
Daily Data
Obverted
Normal
T Record Highest
Recordimwest
Max Temperature
79
91
105 in 2012
t 72 in 1950
Min Temperature J 71
70
78 in 1986
53 in 1979
Avg Temperature 75.0
s0.s
90.5 in 2012
65.5 in 1892
um
}�.'u-.'Il?]
601)in.'1111.
Snowfall 0.0
0.0
0.0 in 2021
0.0 in 2021
Snow Depth
0
-
0 in 2021
0 in 2021
HOD (bate 65)
0
0
O in 2021
0 is 2022
r CDD (base 65)
10
16
26 in 2012
C 1 in 1892
Month -to -Date Summary
Observed
Normal
{ Record Highest
Record lowest
Albin Temperature
85.6
90.7 S
100.9 in 2012
75.6 in 1892
Avg Min Temperature
66.4
69.7
73.8 in 1902
57.1 in 1979
Avg Temperature
76.0
80.2 1
87.0 in 2012
68.6 is 1892
Total Precipitation
3.78
1.11
4.88 in 1931
0.00 in 1988
Total Snowfall
0.0
0.0
Tin 1954
0.0 in 2021
Max Snow Depth
0
-
0 in 2021
0 in 2021
_ Total i DD (base 65)
0
0
6 is 1892
0 in 2021
Total CDD (baae 65)
90
122
178 in 2012
37 in 1892 1
Year -to -Data Summary
Obeerred
Normal
Record Highest
Record Lowest
Avg Max Tempermue
68.7
69.5
72.5 in 2012
63.8 in 1895
Avg Min Temperature
469 j
473
51.1 in 1890
41.7 in 1970
Avg Temperature
57.8
58.5
61.4 in 2017
53.7 in 1970
Total Precipitation
2796
22.22
34.67 in 1936
12.90 in 1986
Total Snowfall (efface July 1)
0.0
0.0 .
Tin 1954
0.0 in 2021
Max Snow Depth (gam July 1)
0
-
0 is 2021
0 in 2021
Total HDD (since July t)
0
0
f 6 is 1892
0 in 2021
Total CDD (since Jan I)
648
710
930 in 2010
311 if 1972
-
Period of Record:
• Max Temperature : 1887-01-01 to 2021-10-31
• Min Temperature : 1887-01-01 to2021-10.31
• Precipitation : 1887-01-01 to 2021.10-3I
• Snowfall 1887-01-01 to 2021-10-31
• Snow Depth : 1944-05-18 to 2021-10-31
1.
n
d
r� 4
%ire► ..
9w
cr rt
4.. I4 it
St
A
N
5

Exhibit s - Press Rekase
Raleigh
NEWS RELEASE
411
4 l)r.`r_i1r11Ir.. rION!..Iryl`l'!.I#tr,artl
I 1 p NCI] !:k.':!,++il I i o'i:u]i. I iIi,l:; IY' (.11i ?'114.�i
I
Raleigh Water Responds to a Sanitary Sewer Spill
On Wednesday. August 4, 2021, at approximately 11:00 AM: Raleigh Water -
Sewer Maintenance Division stall rewarded to a sanitary sewer spill located at 6101
Glenwood Avenue, Raleigh, NC The cause of the sniii was the result of a damaged
connection pipe. The responding stall took ad reasonable steps to stop and mitigate the
impact dthe spill as soon as they arrived- The North Cambia Department of
Envlronmerdal Ouatlty, Division of Water Resources was notified of the spit
Raleigh Water staff contained the spill at approx4nalely Z30 PM an the same
day. It Is estimated that the epSi discharged a volume of appsi odmatey 6,300 gallons of
untreated wastewdsr reaching Hare Snipe Creek. Restoration for Otis event is ongoing.
No vegetative damage or fish kill has been observed misled to this event.
• Raleigh Water has an aggressive education and enforcement program to
prevent the discharge of grease, debds, 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 end
edemas' those who cane him contact with the affected areas.
• Water, human waste, end toilet tissue are the only items pemnitted to be
d scherged into the sewer system. AU other items will canoe damage to the
sewer system end ere not permitted.
• if you experience excessive sewer smells or see sewer spilling from
manholes or pipes, please cap 919-998a245 to report immediately.
• For mote Information about how you can help prevent sanitary sewer
splits, please Welk raleighnc.govlwater.
This news release is required by NCOS Article 21, Chapter 143215.1C.
tl�
6

Summary
The Sewer Maintenance Division of Raleigh Water strives to develop initiatives that improve operational
reliability to meet customer expectations and meet or exceed the Water Quality Collection System permit
requirements. Our operations are focused on continual improvement, the prevention of pollution, and increased
environmental performance efficiency. This endeavor is significantly noted as the Division operates 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
to maintain over 2,566 miles of sanitary sewer pipe and minimize the accidental release of untreated
wastewater.
Since July 2020 (Fiscal Year 2021), the Utility has maintained approximately 428.40 [1] miles of gravity
sewer mains by flushing with hydraulic jetting, conducting CCTV assessments, and performing repair operations,
easement maintenance, and inspections. The fiscal year-to-date cost of these operations amounts to
3,581,811.42 [2], approximately 28% of the Division's annual operating budget. The 6,300 gallons of untreated
wastewater spill identified in this letter cost the Utility approximately $1612.61 to mitigate.
The City's cost of sewer treatment per gallon is $.0015 [3). At this rate, it would have cost the City $9.45 to treat
the entire volume of sewer spilled. The City saved no money from these spills. The costs of mitigation well
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 sewage volume created by these spills. This fiscal comparison shows the City's
commitment to environmental protection, sparing no cost regardless of the spill event's severity and
complexity. The City continues to demonstrate due diligence in environmental performance by allocating the
necessary resources to a spill event irrespective of the associated cost. This effort is noted in the City's low SSO
performance rate of 2.21 total SSO rate [4] per 100 miles of pipe, compared to the Southeastern Region of the
US, of 7.0 spills per 100 miles of line.
111428.40 miles represents 17% of the sanitary sewer collection system
121 Associated operational cost year to date for FY2021
OPERATION UNEAR FEET Linear Mies
CCTV 367,943.05 73.47
Flushing 1,865,983.86 353.41
Repair 8,060.00 1.52
Total - 2,261,986.91 Ft
428.40 MILES
Aer
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lb
811.42 4 oO�'
3,581,
ter %
O
Additionally, the City of Raleigh Assistant Public Utility Directors and Collections System sta
become involved in challenging the nonwoven fabrics industry standards to better inform consumers . ese
products and their detrimental effects on the collections systems. PUD staff has personally met with officers of
INDA, the leading association of the nonwoven 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 work collectively to challenge the testing protocols, assessment guidelines,
and consumer education and labeling of these non -dispersible.
COST
$ 393,735.68
$ 678,392.25
S 2,509,683.49
Total cost of Business to Date
131$.0015 is based on the annual water treatment operating cost compounded by the total treated effluent
141.24% attributed to dry weather SSOs
7

Raleigh Water has an aggressive educational outreach initiative to address illicit discharges such as wipes,
fats, oil, and grease to commercial and residential users. Raleigh Water has developed a complimentary
property managers resource kit that provides best practice resources for establishing a property specific
awareness program. Each kit contains brochures and complimentary gadgets to help residents manage grease
and fat collection and disposal. The resource kit also features a multimedia flash drive with videos and
reproducible educational material that property managers can use to educate tenants to reduce the risk of
sewer backups caused by the introduction of solids through their residential piping. Each kit costs Raleigh water
approximately $85.00 to produce and is provided free of charge to the property management. Raleigh Water is
continuously developing initiatives to increase residential and commercial customer partnerships to address
grease accumulation and prevent illicit discharges. The educational material and videos can be accessed through
social media and the Raleigh Water website https://raleighnc.gov/sewer-maintenance
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
hoping 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 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 the discharge of grease into the sewer
system and the effects of such deposits. Whenever possible, and upon investigating 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 on
the proper use of sanitary sewers to prevent the 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-2021 NOI-0426 issued for the month of
August, 2021 be fairly reviewed, considering 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 [phone] or T.J. Lynch, Assistant
leigh Water Dir ctor, at [phone].
Sincerely,\
Carlos 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
Ca rlos.Qerezca macho@ raleiehrrc.Caov
CC: Robert Massengill, Raleigh Water Director
T. J. Lynch, Assistant Raleigh Water Director - Wastewater
Matthew P Vessie, Superintendent Sewer Maintenance
8

ROY COOPER
EUZABETH S. BISER
Santary
S. DANIEL SMITH
Matter
Certifiedilea # 7020 316Q 0000 2219 311,2
Robert Massengill, Director of Public Utilities
City of Raleigh
PO Box 590
Raleigh, NC 27602-0590
NORTH CAROUNA
EnvfrostmentalQuenly
October 05, 2021
-101ECRIVIT
OCT 1 a 2021
DolliOlvtiolgallq8P11111
WE10AON
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SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY
Tracking No.: NOV-2021-DV-0426
Sanitary Sewer Overflows - August 2021
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 Reports submitted by
City of Raleigh. The Division's Raleigh Regional Office condudes 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 violations) that are summarized below:
Total Vol
Total Surface
Inddent Start Duration Vol Water
Number Date (Mins) Location Cause (Gals) (Gals) DWR Action
202101684 8/4/2021 220 5101 Glenwood Avenue Pipe Failure (Break) 6,300 6,300 Notice of Violation
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 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 dedslons 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
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ
Cc: Raleigh Regional Office - WQS File
Laserfiche
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Permit Enforcement History Details by Owner
1/26/2022
Owner :
Facility :
Permit :
Region :
City of Raleigh
Raleigh Collection System
WQCS00002
Raleigh
County : Wake
Penalty Remission
Assessment Penalty Enforcement Request
Case MR Approved Amount Costs Damages Received
Number
Enf Enf EMC EMC OAH Collection
Conf Remission Hearing Remission Remission MemoSent
Held Amount Held Amount Amount To AGO
Total
Paid
1
Balance
Due
Has
Pmt Case
Plan Closed
DV-2008-001'
2/28/08 $3,750.00 $71.28
4/9/08 $1,750.00 $2,071.28 $0.00 No 3/24/09
DV-2010-006. 6/22/10 $1,500.00 $145.58 $0.00 $1,645.58 $0.00 No 9126/11
DV-2012-000 1/12/12 $2,500.00 $74.48 $2,574.48 $0.00 No 3/1/12
DV-2015-001:
4/30/15 $4,000.00 $41.10
$4,041.10 $0.00 No 6/12/15
DV-2015-002, 7/7/15 $1,250.00 $41.10
$841.10 $0.00 No 8/11/15
DV-2016-0064 7/18/16 $3,250.00 $40.37
$1,150.00
$2,140.37 $0.00 No 11/9/16
DV-2017-0021
5/22/17 $2,500.00 $31.76
$2,531.76 $0.00 No 6/19/17
DV-2017-0031 7/7/17 $2,750.00 $37.90 $2,787.90 $0.00 No 8/10/17
DV-2017-0061 10/9/17 $5,000.00 $31.76 $5,031.76 $0.00 No 11/2/17
DV-2018-000! 1/29/18 $2,500.00 $37.90 $2,537.90 $0.00 No 2/15/18
DV-2018-0031 2/21/18 $0.00 $0.00 No
DV-2018-0051 7/11/18 $500.00 $37.90 $537.90 $0.00 No 8/13/18
DV-2018-0061 10/29/18$500.00 $32.36 $532.36 No
DV-2019-0031 2/26/19 $6,000.00 $37.90 $6,037.90 No
DV-2019-010 7/8/19 $3,400.00 $32.36 $2,752.36 No
DV-2019-013: 10/1/19 $3,750.00 $32.36 $3,782.36 $0.00 No 11/8/19

/Lb/LULL
2
DV-2020-002, 3/2/20 $500.00 $35.01
$535.01
$0.00 No 3/19/20
DV-2020-008: 8/7/20 $4,250.00 $70.02
$4,320.02 $0.00 No 8/27/20
DV-2020-008' 8/22/20 $250.00 $35.01
$285.01
$0.00 No 9/3120
DV-2020-010
914/20 $2,500.00 $35.01
$2,535.01 $0.00 No 10/8/20
DV-2020-011( 10/2/20 $2,000.00 $35.01
$2,035.01 $0.00 No 10/23/2C
DV-2021-0034 3/22/21 $3,500.00 $36.57
$3,536.57 $0.00 No 4/8/21
DV-2021-0041
3/22/21 $2,000.00 $36.57
$2,036.57 $0.00 No 4/9/21
DV-2021-00T 5/11/21 $500.00 $36.57
$536.57
$0.00 No 6/23/21
DV-2021-009,
6/14/21 $1,000.00 $36.57
$1,036.57 $0.00 No 8/2/21
DV-2021-012: 7/23/21 $1,500.00 $36.57
$1,536.57
$0.00 No 12/721
DV-2021-0151 10/5/21 $750.00 $36.57
$786.57 $0.00 No 10/28/2'
DV-2021-016 10/18/21$750.00 $35.67
$785.67 $0.00 No 12/7.21
DV-2021-0181 12/9/21 $250.00 $36.57
$286.57
$0.00 No 1/4/22
Total Cases: 29 Total Penalty Amount: $62,900
Total Enforcement Cost: $1,227.83
Sum of Total Case Penalties: $64,127.83
Sum Of Total Paid:$50,775.21
Total Balance Due : $9,322.62
Total Penalties After Remissions : $60,097.83

ROY COOPER
coventor
ELIZABETH S. BISER
Secretary
S. DANIEL SMITH
Director
Certified Neil # 7020 3160 0000 2219 31.32
Robert Massengill, Director of Public Utilities
City of Raleigh
PO Box 590
Raleigh, NC 27602-0590
NORCAROUNA
THINItill
October 05, 2021
SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY
Tracking No.: NOV-2021-DV-0426
Sanitary Sewer Overflows - August 2021
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 dvil penalty for the violations) that are summarized below:
Total Vol
Total Surface
Inddent Start Duration Vol Water
Number Date (Mins) Location Cause (Gab) (Gab) DWR Action
202101684 8/4/2021 220 5101 Glenwood Avenue Pipe Failure (Break) 6,300 6,300 Notice of Violation
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 reties 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 dosures. 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].
Cc: Raleigh Regional Office - WQS File
Laserfche
Sincerely,
Scott Vinson, Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ
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ROY COOPER
Gownor
WZABE"TH S` BOSEt
SeararY
S. DANIS. SMITH
ObWIOr
Robert Massengill, Director of Public Utilities
City of Raleigh
PO Box 590
Raleigh, NC 27602-0590
NORTH CAROUNA
Rartrasawatigtbsift
October 05, 2021
SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY
Traddng No.: NOV-2021-DV-0426
Sanitary Sewer Overflows - August 2021
Collection System Permit No. WQCS00002
Raleigh Collection System
Wake County
Mara
O--''L_o2
Dear Mr. Massengill:
A review has been conducted of the self -reported Sanitary Sewer Overflows (S50'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 1
(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 dvil penalty for the vioiation(s) that are summarized below:
Total Vol
Total Surface
Inddent Start Duration Vol Water
Number Data (Mina) Location Cause (Gals) (Gals) DWR Action
202101684 8/4/2021 220 5101 Glenwood Avenue Pipe Failure (Break) 6,300 6,300 Notice of Violation
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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ROBERT MASSENGILL, DIRECTOR
PUBLIC UTILITIES, CITY OF RALEIGH
PO BOX S90
RALEIGH, NC 27602-0390
NOV-2021-DV-0426 / NOV-INTENT TO ASSESS / 20211011
RALEIGH COLLECTION SYS / WQC500002/ WAKE COUNTY
REC: 7020 3160 0000 2219 3112/ M 10/05/2021
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RALEIGH COLLECTION SYS / WQC500002/ WAKE COUNTY
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