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HomeMy WebLinkAboutWQCS00005_DV-2022-0002_20220301DIVISION OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT Violator: City of Durham Facility Name: Durham Collection System Permit Number: WOCS00005 County: Durham Case Number: DV-2022-0002 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 2,400 gallons overflowed from a manhole due to debris in the line. All 2,400 gallons flowed into New Hope Creek, a WS-V; NSW in the Cape Fear River Basin. Nutrie is and pathogens to surface waters.traon Cc.��+ w. 1IA1 $ i s r.a+tv,, f 5 It j o 1.41 as 5. 2) The duration and gravity of the violation; The SSO started on 08.03.2021 at 5:02 pm and ended 08.04.2021 at 1:02 am. 3) The effect on ground or surface water quantity or quality or on air quality: Nutrients and pathogens to surface waters,C �-5c ham' Atr"' � 4) The cost of rectifying the damage; The costs to remediate the SSO was $3,906.17. 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. 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 4 enforcements cases against the violator within the last 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 4470 b/1-1105, ■ 11 ■ ■ ■ ■ • 1 ■ a ■ ■ ■ - ■ ■ II 1■ • . �. . 11 • . .. . . ROY COOPER Governor EUZABETH S. BISER Secretary S. DANIEL SMITH Director Certified Mail # 7020 3160 0000 4109 5039 Return Receipt Requested Donald F Greeley, Director of Water Resources City of Durham 101 City Hall Plaza Durham, NC 27701-3329 NORTH CAROLINA Envlmnmental Quality March 1, 2022 SUBJECT: Notice of Violation and Assessment of Civil Penalty for Violations of North Carolina General Statute (G.S.) 143-2I5.1(a)(1) and Collection System Permit No. WQCS00005 City of Durham Durham Collection System Case No. DV-2022-0002 Durham County Dear Mr. Greeley: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $286.57 ($250.00 civil penalty i $36.57 enforcement costs) against City of Durham. This assessment is based upon the following facts: a review has been conducted of the Sanitary Sewer Overflow (SSO) 5-Day Report submitted by City of Durham. This review has shown the subject facility to be in violation of the requirements found in Collection System Permit No. WQCS00005 and G.S. 143-215.1(a)(1). The violation(s) that occurred are summarized in Attachment A to this letter. Based upon the above facts, 1 conclude as a matter of law that City of Durham violated the terms, conditions or requirements of Collection System Permit No. WQCS00005 and G.S. 143-215.1(a)(1) in the manner and extent shown in Attachment A. In accordance with the maximums established by G.S. 143-215.6A(a)(2), a civil penalty may be assessed against any person who violates the terms, conditions or requirements of a permit required by G.S. 143-215.1(a). 74.,k9s) North Carolina Department of Emkomental Quality I Division of water Resources Rak$gh Regional Office 13800 Barrett Drive I Raleigh North Carolina 27609 919.791A200 d'F • . . . . . ■ ■ -. ■ . . Y' ■ . ✓ . 1 MI ■ . - . ■ 1 ■ . .� . • • r LEI 61• . . . •• ■I .. 1 • �•• . 1 ■ ■ - 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, 1, Scott Vinson, Regional Supervisor, Raleigh Regional Office hereby make the following civil penalty assessment against City of Durham: $250.00 For 1 of the 2 violations of Collection System Permit No. WQCS00005 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 1 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) (2) (3) (4) (5) (6) (7) (8) 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; The duration and gravity of the violation; The effect on ground or surface water quantity or quality or on air quality; The cost of rectifying the damage; The amount of money saved by noncompliance; Whether the violation was committed willfully or intentionally; The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and 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 I ■ ■ ■ - a ■ ■ ■ 1 ■ 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 must complete and submit the enclosed "Request for Remission of Civil Penalties, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form within thirty (30) days of receipt of this 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 IS• ■ ■ ■ ■ ■ ■ ■ ■ FI • ■ 7 ■ ■ ■ ■ ■ ■ ■ ■ i 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: 6714 Mail Service Center Raleigh, NC 27699 6714 Tel: (919) 431-3000 Fax: (919) 431-3100 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) 791-4200 or via email at mitch.hayes@ncdenr.gov. 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 • .r • _ • • • • ■ ■ • ii• • w: • • • _ • 1 ■ ■ ■ ■ • r .. • • ▪ • • ▪ .. • • 1•••..r.40 • • • • 1i • I • 1 • • • • L • • . . . • . • . r., • • a I • • .. Em r. • • JUSTIFICATION FOR REMISSION REQUEST Case Number: DV-2022-0002 Assessed Party: City of Durham Permit No.: WQCS00005 County: Durham 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 (Le., explain how payment of the civil penalty will prevent you from performing the activities necessary to achieve compliance). EXPLANATION: • • • ■ • D. __ • • • • • • • • • STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY COUNTY OF DURHAM IN THE MATTER OF ASSESSMENT OF CIVIL PENALTIES AGAINST City of Durham Durham Collection System PERMIT NO. WQCS00005 WAIVER OF RIGHT TO AN ADMINISTRATIVE HEARING AND STIPULATION OF FACTS CASE NO. DV-2022-0002 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 March 1, 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 ATTACHMENT A City of Durham CASE NUMBER: DV-2022-0002 PERMIT NO: WQCS00005 FACILITY: Durham Collection System Other Violations INCIDENT VIOLATION NUMBER DATE VIOLATION TYPE REGION: Raleigh COUNTY: Durham VIOLATION DESCRIPTION 202101692 8/3/2021 CSO/SSO(Sewer Overflow) Discharge without valid permit TOTAL VOLUME PENALTY (GALLONS) AMOUNT 2,400 $250.00 202101722 8/9/2021 CSO/SSO(Sewer Overflow) Discharge without valid permit 500 $0.00 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: WQCS00005 (WQCS# if active, otherwise use WQCSD#) Facility: Durham Collection System Owner: City of Durham Incident #: 202101692 City: Durham County: Durham Source of SSO (check applicable): Q Sanitary Sewer Region: Raleigh ❑ 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): 3311 Shannon Road Manhole #: 09023 Latitude (Decimal Degrees): Longitude (Decimal Degrees): Incident Started Dt: 08/03/2021 Time: 5:02 pm Incide (mm-dd-yyyy) (hh:mm AM/PM) Estimated Volume of the SSO: 2,400 Describe how the volume was determined: Weather conditions during the SSO event: nt End Dt: 08/04/2021 Time: 01:02 am (mm-dd-yyyy) (hh:mm AM/PM) gallons Estimated Duration (Round to nearest hour): 8:0 hours 480mins x 5gpm WET Did SSO reach surface waters? [l Yes ❑ No ❑ Unknown Surface water name: New Hope Creek Volume reaching surface waters (gals): 2400 Did the SSO result in a fish kill? ❑ Yes EiNo ❑ Unknown If Yes, what is the estimated number of fish killed? SPECIFIC cause(s) of the SSO: [I Debris in line 24 hour verbal notification (name of person contacted ): Lauren Smith 0 ❑ DWR g Emergency Mgmt Date (mm-dd-yyy): 08/04/2021 Time (hh:mm AM/PM): 05:03:00 am If an SSO is ongoing, please notify the appropriate Regional Office on a daily basis until SSO can be stopped. Per G.S. 143-215.1 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 altemative 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 L 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? Debri was a dust cover that we use to keep debris from coming in from the Manhole entry point. The dust cover fell in causing blockage. Suspected cause or source of debris. Under Manhole lid dust cover Are manholes in the area secure and intact? 17 Yes No [] NA D NE When was the area last checked/cleaned? 08/04/2021 Have cleaning and inspections ever been increased at this location due to previous problems with debris? Explain: Yes 17No DNA ENE Are appropriate educational materials being developed and distributed to prevent futi 171 Yes D No E NA E NE similar occurrences? Comments: The dust cover used in this location were a old faulty cover that have been known to fail. We replaced all dust covers in area to avoid future incident. System Visitation ORC D Yes Backup 171 Yes Name: Kerry Sanford Cert# 992773 Date visited: 08/03/2021 Time visited: 5:02pm CS-SSO Form Page: 2 How was the SSO remediated (i.e. Stopped and cleaned up)? Crews flushed for several hours to find issue with blockage. Thev were unable to remove blockage with flush truck. Aftei several hours of flushing crews decided to do a pump around to another Manhole in order to better view blockage cause. They pumped the sewer into Mh09035 after Manhole was completely dry they noticed dust cover wedged in line downstream. They were able to remove dust cover with a pick up removal stick. While trying to remove dust cover we al had a crew setting up a pump to bypass all the untreated wastewater from the creek into Mh08290. After removal we hac crew clean uo spill area with vacuum truck and 5 gallon buckets. We washed down area and reseeded and put straw do% on area around Manhole. After cleanup crew used extended letter to flush 3 assets up and 3 assets down to insure spill area is clear. We also removed all old dust covers in area. 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: 08/09/21 08:05 am Signature: Title: Telephone Number: 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). CS-SSO Form Page: 3 ROY COOPER Gorenw MICHAEL S. RREGAN Smeary L1NDA•CULPEPPER Interim Ddnector Mr. Donald F. Greeley Director of Water Management City of Durham 101 City Hall Plaza Durham, North Carolina 27701 Subject: Permit No. WQCS00005 City of Durham Durham Collection System Durham County . Dear Mr. Greeley: NORTH CAROLINA F.rtririonmentaf Qttallty August 16, 2018 In accordance with your application received August 9, 2018, we are forwarding herewith Permit No. WQCS00005, dated August 16, 2018, to the City of Durham for the operation and maintenance of the subject wastewater collection system. This permit shall be effective from August 16, 2018 until July 31, 2026 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. Changes have been made to the boiler plate language of the permit. Most of the changes are for clarification purposes, however Condition 1(3) has been removed. The Department of Environmental Quality (DEQ) believes that condition was included erroneously In previous permits. It was included based on proposed rulemaking by EPA which was never promulgated and, In the continued absence of Federal regulations, DEQ lacks authority to include such language in a permit. DEQ will continue to exercise enforcement discretion when evaluating sanitary sewer overflows that may be considered to be beyond the reasonable control of the Permittee. A highlighted copy of the permit identifying the changes made Is available at: htto://ncdenr.s3.a mazonaws.com/s3fs- public/Water9620Quality/Su rface%20Water%20Protection/PERCS/WC5%20(Collection%205vstem)/UpdatedN20W QCS%20Temolate%2015.05.18%20(hirthlighted).pdf 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 ail 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, North Carolina Department of Environmental Quality l Division of Water Resources 512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617 919.707.9000 Durham Collection System Permit No.WQCS00005 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 all 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). 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://ncdenr.s3.amazonaws.com/s3fs- Dublic/WaterS20Qu ality/Surface%20Water%20Protection/PERCS/WCS%20{SSO%20Documentsl/CS- SS0(2015).doc., 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 1508 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 Gwyn Ann McCullough at (919) 707-9130. Sincerely, Ake&-S. for Linda Culpepper Interim Director, Division of Water Resources by Deborah Gore, Supervisor Pretreatment, Emergency Response, Collection System Unit enclosure: WQCS00005 cc: Raleigh Regional Office, Water Quality Regional Operations (electronic) Water Resources Laserfiche (electronic) Maureen Kinney, NC Operators Certification Program (electronic) PERCS Files (electronic) 00 CO 0 O o N 1u, 01 a a 0) N 0 N co 0) O 0 Permit Enforcement History Details by Owner 0 - _ a. a N Tas C N City of Durham h C '~ c 'O c o m wt)z m m 0) 0 E 0 0 -E E 0 3 O WC)aN o O 0 a E 0 _ Ii fn yc 0 a O 0o aaa 0 O E 0 cc co v 'm M Q a cc m a a L '"=o 2 € m u. a IX 0 3 O z O O 0 49 0 0 49 O 0 O 0 0 b9 m 0 m 0 49 9/12/06 $32,000.00 DV-2006-000! O z 0 0 O fA 0 0 CO r. O O O DV-2008-0021 O z O 0 O 49 co )1) nr 49 0 0 0 0 0 3 O <0 0 69 0 0 0 0 a O O m DV-2010-006: 0 z 0 0 O 49 0 A f3 0 3/16/15 $3,500.00 DV-2015-0001 O z O 0 0) N 49 7/22/15 $3,750.00 DV-2015-002: O Z 0 O 4, O a fA M 0 a 5/5/16 $1,000.00 DV-2016-0051 O z 0 0 409 N 49 0 3 7/21/16 $250.00 DV-2016-007( O z 0 0 49 8 N 69 0) M 69 1/27/17 $250.00 DV-2017-001: z O 0 to 0 01 CO N 49 0 0) 4/! 5/23/17 $250.00 DV-2017-003: 0 z 0 0 O fro 10/6/17 $1,000.00 DV-2017-0061 0 z 0 0 co n 67 69 11/8/18 $750.00 DV-2018-007t O z 2/28/19 $4,000.00 DV-2019-005: O z 0 0 49 0 0) 0, O 7/11/19 $1,000.00 DV-2019-0101 O z 0 O 49 M 49 9/30119 $500.00 DV-2019-013: 0 z 0 O 61 47 co f9 8/22/20 $750.00 DV-2020-008! 0 z 0 83 O co 1- 49 0 01 fA 9/4/20 $750.00 DV-2020-009! N o 0 0 Z Z z o o 1-- O O co O C. c0 69 69 CO N bi 10/2/20 $250.00 DV-2020-011: ti Y7 l0 CO ER n f0 c.) e9 12/8/20 $250.00 DV-2020-016: 7/23/21 $250.00 DV-2021-012 0 Z O O 9 C7 4, 10/5/21 $500.00 DV-2021-014r 0 Z O O 0 69. 12/1/21 $1,250.00 DV-2021-017t 0 Z O O 0 6' O O O 64 DV-2008-002! $8,070.02 No ot;' 49 DV-2020-008t Total Balance Due : $8,356.59 Sum Of Total Paid:$55,512.37 Total Enforcement Cost: $2,368.96 Total Penalty Amount: $85,500 N Total Cases. Total Penalties After Remissions : $63,868.96 Sum of Total Case Penalties: $67,868.96 ROY COOPER Governer EUZABE H S. BISER Secretory S. DANIEL SMITH tutor Certified Mail # 7020 3160 0000 2219 3068 Donald F Greeley, Director of Water Resources City of Durham 101 City Hall Plaza Durham, NC 27701-3329 NORTH AROUNA awfitinnurnOsIQuangy October 05, 2021 SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY Tracking No.: NOV-2021-DV-0419 Sanitary Sewer Overflows - August 2021 Collection System Permit No. WQCS00005 Durham Collection System Durham County Dear Mr. Greeley. 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 Inddent Start Duration Vol Water Number Data (Mins) Location Cause (Gals) (Gals) DWR Action 202101692 8/3/2021 480 3311 Shannon Road Debris in line 202101722 8/9/2021 250 4428 Sunvalley Drive Debris in line 2,400 2,400 Notice of Violation — Notiee of Intent 500 500 Notice of Violation eerekeraire.oyru emotEe.rerwreerlOrlr 1 %Meloaaf Weewteooerno Weigh Ilepo i0Mor I seooeeeeeaoelw I Pain"uloetheaeolrlti09 11111291.4200 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 dvil 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 dvil penalty are the violator's history of non-compliance, the cost of rectifying the damage, whether the spill was Intentional and whether money was saved by non-compliance. If you have any questions, please do not hesitate to contact Mitchell Hayes with the Water Quality Section in the Raleigh Regional Office at 919-791-4200 or via email at mitch.hayes@ncdenr.gov. Sincerely, Scott Vinson, Regional Supervisor Water Quality Regional Operations Section Raleigh Regional Office Division of Water Resources, NCDEQ Cc: Raleigh Regional Office - WQS File Laserfiche 0rp+rterr+of ImternssuiCIpay MO* Raleigh Itsperal-A1,;3100Barren Drhr adeigh,North4eoen.ao! t> ROY COOPER Ceweewar ELIZABETH S. BISER smelly), S. DANIEL. SMITH Mawr Donald F Greeley, Director of Water Resources City of Durham 101 City Hall Plaza Durham, NC 27701-3329 NORTH CAROLINA Smtvaniontat October 05, 2021 SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY Traddr:g No.: NOV-2021-DV-0419 Sanitary Sewer Overflows - August 2021 Collection System Permit No. WQCS00005 Durham Collection System Durham County Dear Mr. Greeley: A review has been conducted of the self -reported Sanitary Sewer Overflows (SSO's) 5-Day Reports submitted by City of Durham. The Division's Raleigh Regional Office condudes that the Clty 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 SS0 (Sanitary Sewer Overflow) to the land or surface waters and the SS0 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 civic penalty for the violation(s) that are summarized below: Total Vol Total Surface InddeWater NaIMMr DDaat. (rt Hine) Location Cause (Gals) DWR Action 202101692 8/3/2021 480 3311 Shannon Road Debris to line 202101722 8/9/2.021 250 4428 Sunvalley Drive Debris in Vine 2,400 2,400 Notice of Violation — Notice of Intent 500 500 Notice of Violation eloeeUo.sbroempi eMartair sw.isilOrey I efeeuw.fw►ereees.rews eee-epteeeep abate I aloourrxePetet I Releep4elentitewrrINNS woman M ■ Items 1, 2, and 3. • Print your name and address on the reverse so that we can return the cared to you. • Attach this card to the back of the maNplece, or on the hunt if apace permits. 1. Mole Mdnllltur'd t DONALD GREELEY, DIRECTOR OF WATER RESOURCES CITY OF DURHAM 161 CITY t,ltLL PLAZA D iRIt MVI, NC 27701-3329 NrIV 2021bV•0419/NOV•INTENT1OASSESS /20211011 OUR' IAM COLLECTION SYS / WQCS00005/ DURHAM COUNTY REC: 70203160 0000 2219 3068/ M 10/oS/2021 O Adeenee B. Received D. to dolooyadeloOli iwltban item i? 11 YES, enter delivery address below O No 0 IMMO Men tom* IlIlIIIl11Il111111111iiniNuit11mn litulitLeerviNS:Th*A.16"."1.1"., Sraisdsciall" 2. Arlie & Number frrirrrlbrgerr a.n 106.g f9 Coeea on Dolkity Mobloted Deem 0 R Y 7020 3160 0000 2219 3068 1524191001P4 t PS Nem3B11, buty202OPON7,-Faopos8 • 9590 9402 8520 0346 7545 98 a COMA co DsS ay Domestic Return Receipt U.S. Postal ervicel" CERTIFIED MAII2 RECEIPT IJiJralt.slr{ l!T;FrIOn.ly rn. (bees ..• ....-•1 ..II Ciun '.,ellvll,. al tilleilsrvioN A Few Wm*eat idg bk. napp,op,lynq ORII=asosIptprdoop» $ ❑Run MoN 4.i.. m+oi s tIOsitiodlid NisikudM cry I 0Advil Spare Rgr+.d $ °Mutt etwls1o•Rr61pesd0lst,wy Pw� 1 DONALD GREELEY, DIRECTOR OF WATER RESOURCES CITY OF DURHAM 101 CITY HALL PLAZA DURHAM, NC 27701-3329 NOV-2021-DV.0419 / NOV-INTENT TO ASSESS / 20211011 DURHAM COLLECTION SYS/ WQCS00005/ DURHAM COUNTY REC; 7020 3160 0000 2219 3068/ M 10/05/2021 I. . 1,11110 f1410, AIr1.I :'f. r!. ... .... 0.' U8PS , G VII 9590 9402 6520 0346 7545 18 Untied States Postal Toe L 1i.4. F.......... III. I...,ai I.L' First -Clara Mail Postage & Fees Paid USP8 Permit No. G-1O • Please print your name, address, and ZIP+4 in this box iWATER QUALITY REGIONAL OPERATIONS ECTtON NC DEQ- RALEIGH REGIONAL OFFICE 800 BARRETT DRIVE LEIGH, NC 27609 IItni .iitjl. iI1 tt Illtl 1, 1 lilil"iiii li t I i4I IIt il tut i WATER MANAGEMENT CITY OF DURHAM December 3, 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-0419 Permit No. WQCS00005 City of Durham Collection System, Durham County Dear Mr. Vinson, This letter is in response to your notice dated October 5, 2021 which was received by the City of Durham on November 18, 2021. The October 5, 2021 letter states that the City of Durham is provided an opportunity to present evidence and Justification to demonstrate that the proposed dull penalties forthe Notice of Violation (NOV) should not be assessed forthe sanitary seweroverflows (SSOs) which occurred in the City's sewer collection system between August 1, 2021 and August 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. Inddent# 202101692- 3311 Shannon Road — August 3, 2E21 On August 3, 2021 manhole #09023 near 3311 Shannon Road overflowed with an estimated 2,400 gallons of wastewater discharging Into New Hope Creek. This overflow occurred due to a blockage in the sewer main caused by debris. While Water and Sewer Maintenance worked to remove the blockage, they diverted flow by pumping wastewaterout of manhole #09023 around to manhole#09035. This reduced the level of wastewater in manhole #09023 and enabled staff to determine that the root cause of the blockage was due to the manhole invert becoming detached from the lid and falling into the manhole. While some staff worked to remove the manhole insert using a pickup stick, other staff dammed the creekdownstream, flushed using a nearby hydrant (dechlorinated water) and then pumped untreated wastewater back into the collection system. The area was remediated by washing/deaningthe area, reseeding and coveringthe area with straw. Crews also cleaned reaches (at least 3 manholes) above and below manhole #09023. As per practice, staff removed the inserts of this same type in these 6 manholes and replaced them with newer and more substantial inserts. The City's Stormwate r 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 $3,906.17. i WATER MANAGEMENT CITY OF DURHAM Date: December 6, 2021 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-2020-DV•0419, Permit No. WCS00005 City of Durham Collection System, Durham County I received the document addressed to (please print NAME) Raleigh Regional Office on Tuesday, December 6, 2021. Signature Date 1600 Mist Lake Dr. Durham, NC 27704 919.560.4381 DurhamNC gov Follow Us @CityofpurhamNC 0 0 Page 2 of 3 Inddent 9 202101722 — 4428 Sun Valley Print— August 9, 2021 On August9, 2021,i a seweroverfiowoccurred near4428 Sun Valley Drive with approximately500 gallons of untreated wastewater flowing Into Th ird Fork Creek. Water& Sewer Maintenance's Quick Response crew responded to the site but were unable to dear the blockage in the mainline. Additional crews responded to the site and using two Vac All Trucks were able to clear the bulidupof debris (rocksand rags) in the line. Crews remediated the area around the spill, damming the creek, flushed using a nearby hydrant (dechlorinated water) and pumped the untreated wastewater back into the collection system. Crews also flushed/cleaned the collection system upstream and downstream of the event location and used CCTV to check for any other issues assodated with the event. The City's StormwaterServices 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 deaning 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 $10,078.40 Ongoing Cit►►-wide Measures to Reduce the Occurrence ofSSOs The dty has several programs In place to reduce and/or preventthe occurrence of SSOs. The City has implemented a CM OM plan that expands and enhances its existing programs. ■ System Flushing and Inspection: The City routinely contracts flushing, CCTV inspection, smoke testing and manhole inspections of portions of the sewer collection system. The City is completing the inspection of the collection system systematicallythrough City defined basins. Additionally, the City ensuresthe requirements of the collection system permit are met by deployingCity crews to flush at least 10% of the collection system annually with a goal of exceeding the requirement by at least 2 to 5% each year. The City measures the flushing on a fiscal year basis. For the FY 2022 year to date, the City has cleaned 4.62% of the system. As operations normalize post-Covid-19, staff will dedicate more time to this program. • Sewer Rehabilitation Program: The City has an active Sewer Rehabilitation Program. The program includes flow monitoring (25 permanent monitors), CCTV inspection, manhole inspection, easement mowing, field Inspections and investigations, point repairs, line replacement, root and grease abatement and cured -in -place manhole and line rehabilitation. There are 4 employee positions dedicated to the City's system rehabilitation programs in the Utility Engineering Division of DWM. This workgroup handles flow monitoring and system data management and contract preparation, administration and inspections. There are 20 employee positions in the Collections Systems Maintenance workgroup in the Water & Sewer Maintenance (WSM) Division of DWM. This group performs CCTV inspections, hydraulic cleaning activities, mowingand manhole inspection and repair. They respond to blockages and overflows. WSM does contract inspections as well. In addition, crews from the Main line workgroupof WSM perform point repairs, line replacementsandsome cured -in - place lining. The department established the Lift Station Maintenance Division in 2018 to focus oversight and maintenance of the 65 lift stations throughout the service area and the 136 ARVs in the system. This 18- memberwork group conducts the required daily/weekly inspections and associated preventive maintenance activities. The City spends more than $5,000,000 on SewerRehabilitation projects annually as a part of its Capital Improvements Programs. Page 3 of 3 Fat, Oils and Grease Program (FOG): The department's FOG education and outreach effort is conducted by 3.0 FTEs (staff shared 50/50 with the Industrial Waste Control Program). In addition to workingdosely with the Durham County Health Department, staff routinely inspectover S00 food service establishments (FSEs) annually to ensure appropriate deaning and maintenance of grease interceptors. Staff partldpates in a number of community events (Earth Day, CenterFest, and landlord Workshops) as well as n eighborhood 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 and wipes. Summary: Based upon the documented information provided above regarding these incidents, the City believesthat 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'ssewercollectlon 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 (919) 560-4381 or via email at Don.Greeley@durhamnc.gov. Sincerely, Donald F. Greeley, DI Attachments c: Jason Robinson, OEQ — Water Quality Regional Operations Section, Raleigh Regional Office Junior Mobley, Superintendent, Water & Sewer Maintenance Vicki Westbrook, Assistant Director, Administration, Regulatory Compliance & Communications Scott Smart, Assistant Director, Systems & Maintenance Jerry Morrone, Utility Engineering Manager, Sr. DWR DEC - 6 2021 Division of Water Resource; Raleigh Re iona1 Office ART I: plate of Norm carolane Department of Environment and Natural Resources Division of Water Resources Collection System Sanitary Sewer Overflow Reporting Form 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: WQCS00005 (WQCS# if active, otherwise use WQCSD#) Facility: Durham Collection System Incident #: 202101692 Owner: City of Durham City: Durham County: Durham Region: Raleigh Source of SSO (check applicable): [a Sanitary Sewer 0 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): 3311 Shannon Road Manhole #: 09023 Latitude (Decimal Degrees): Longitude (Decimal Degrees): Incident Started Dt: 08/03/2021 Time: 5:02 pm Incident End Dt: 08/04/2021 Time: 01:02 am (mm-dd-yyyy) (hh:mm AM/PM) (mm-dd-yyyy) (hh:mm AM/PM) Estimated Volume of the SSO: 2,400 gallons Estimated Duration (Round to nearest hour): 8:0 hours Describe how the volume was determined: 480mins x 5gpm Weather conditions during the SSO event: WET Did SSO reach surface waters? Yes ❑ No ❑ Unknown Surface water name: New Hope Creek Volume reaching surface waters (gals): 2400 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: Debris in line 24 hour verbal notification (name of person contacted }: Lauren Smith ❑ DWR Q Emergency Mgmt Date (mm.dd-yyy): 08/04/2021 Time (hh:mmAM/PM): 05:03:00 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 ar 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 li 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 1 OF THIS FORM AND INCLUDE THE APPROPRIATE DOCUMENTATION AS REQUIRED OR DESIRED COMPLETE ONLY THOSE SECTONS PERTAINING TO THE CAUSE QE THE (V 6S CHECKED IN PART (In the check boxes below, NA in Not Applicable and NE a 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? Debra was a dust ever that we use to keeo debris from comina in from the Manhole entry point. The dust cover fell in causing blockele, Suspected cause or source of debris. Under Manhole lid dust cover Are manholes in the area secure and intact? 2 Yes ❑ No ❑ NA ❑ NE When was the area last checked/cleaned? 08/04/2021 Have cleaning and inspections ever been increased at this location due to previous ❑ Yes to No ❑ NA ❑ NE problems with debris? Explain: Are appropriate educational materials being developed and distributed to prevent tut Yes [] No f NA ❑ NE similar occurrences? Comments: The dust cover used in this location were a old faulty cover that have been known to fail. We replaced all dust covers in Brea to avoid future incident. System Visitation ORC ❑ Yes Backup 2 Yes Name: Kerry -Santora( Cert# 992773 Date visited: 08/03/2021 Time visited: 5:02nm CS-SSO Form Page: 2 r iuw wtlb uie 031.1 koppea an0 creanea up)'! Crews flushed for several hours to find issue with blockage. Thev were unable to remove blockage with flush trs , Ace! several hours of flushing crews decided to do a puma arouncjtQ anolherManhole In order to better view blor,giume cause. Thev outlined the sewer into Mh09035 after Manhole was completely dry they noticed dust cover wedoed in Tine downstream. Thev were able to remove dust cover with a pick up removal stick. While trying to remove dust cover we al had a crew setting up a pump to bypass afl the untreated wastewater from the creek into Mh08210. After removal we hat crew clean up spill area with vacuum truck and 5 gallon buckets, We washed down area and reseeded and oyt straw do% on area around Manhole, After cleanup crew used extended fetter to flush 3 assets UD and 3 assets down to ipsure spill area is clear. ale also removed all old dust covers in area. 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: 08/09/21 08:05 am Signature: Telephone Number: Title: [/I („�� Any addition Information desired to be submitted should be sent to the appropriate Division Regional Office within five days oft 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 i 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) Joe.Lunne@DurhamNC.gov News Release For Immediate Release. August 4, 2021 City of Durham contains sewer spill near 3311 Shannon Road DURHAM, N.C. — The City of Durham Department of Water Management reports that on August 3, 2021 staff responded to a sewer overflow near 3311 Shannon Road. Approximately 2,400 gallons of untreated wastewater flowed into the New Hope Creek Watershed. The spill was caused by the manhole insert falling into the sewer and blocking flow. Staff were notified of the overflow at 5:02 p.m. on August 3, 2021 and the blockage was cleared at 1:00 am on August 4. Crews removed the object, dammed the creek downstream, flushed the creek, pumped the untreated wastewater back into the sanitary sewer system, and remediated the spill site. 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 August 4, 7021, as required by state regulations/law. For more information, contact Junior Mobley, Superintendent of Water & wer Maintenance. gft# 101 City Hall Plaza, Second Floor, Durham, NC 27701 919.5604123 DurhamNC.gov I Follow Us #CityorDurhamNC DWR Division of Water Resources acme or norm l.arotrna Department of Environment and Natural Resources Division of Water Resources Collection System Sanitary Sewer Overflow Reporting Form Form CS-SSO ART 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 #: 202101692 Owner: City of Durham City: Durham County: Durham Region: Raleigh Source of SSO (check applicable): 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): 3311 Shannon Road Manhole #: 09023 Latitude (Decimal Degrees): Longitude (Decimal Degrees): Incident Started Dt: 08/03/2021 Time: 5:02 pm Incident End Dt: 08/04/2021 lime: 01:02 am (mm-dd-yyyy) (hh:mm AM/PM) (mm-dd-yyyy) (hh:mm AM/PM) Estimated Volume of the SSO: 2.400 gallons Estimated Duration (Round to nearest hour): 8:0 hours Describe how the volume was determined: 480mins x 5gpm Weather conditions during the SSO event: WET Did SSO reach surface waters? Yes ❑ No ❑ Unknown Volume reaching surface waters (gals): 2400 Surface water name: New Hope Creek Did the SSO result in a fish kill? ❑ Yes IRINo ❑ Unknown if Yes, what is the estimated number of fish killed? SPECIFIC cause(s) of the SSO: El Debris in line 24 hour verbal notification (name of person contacted ): Lauren Smith ❑ DWR 121 Emergency Mgmt Date (mm-dd-yyy): 08/04/2021 Time (hh:mm AM/PM): 05:03:00 am 0 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 Rksources. may take enforcemeltt action for S$Os that are required to to reoorted 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 1S Debris in line What type of debris has been found in the line? Debri was a dust cover that we use to keen debris from coming in from the Manhole entry point. The dust cover fell in causing biockaae, Suspected cause or source of debris. Under Manhole lid dust cover Are manholes in the area secure and intact? 2 Yes r] No ❑ NA ❑ NE When was the area last checked/cleaned? 08/04/2021 Have cleaning and inspections ever been increased at this location due to previous ❑ Yes 2 No ❑ NA ❑ NE problems with debris? Explain: Are appropriate educational materials being developed and distributed to prevent futi 2 Yes ❑ No D NA ❑ NE similar occurrences? Comments: file dugwy9used in this location were a old faulty cover that bpve been known to fail We replaced all dust covers in area to avoid future incident. SystemVisitation ORC ❑ Yes Backup g Yes Name: Kenn Sanford Cert# 992773 Date visited: 08/03/2021 Time visited: 5:02pm CS-SSO Form Page: 2 nuw wds Mt! 00V re1nt3671t1tdU tl,ti. aroppea ana ciaanea up)r Crews flushed for several hours to find issue with blockage. They were unable to remove blockage with flush trues,_ Aftet several hours of flushing crews decided to do a Dump around to another Manhole In order to better view blockaae cause,. Thev pumped the sewer into M1i09035 after Manhole was completely dry they noticed dust ever wedged fn line downstream. Thev were able to remove dust cover with a Dick uo removal stick. While trying to remove dust cover weal had a crew setting uo aoump to bvDass all the untreated wastewater from the creek into Mh08290. After removal we ha; crew clean up spill area with vacuum truck and 5 gallon buckets. We washed down area and reseeded and out straw dot on area around Manhole. After cleenuD crew used extended letter to flush 3 assets uo and 3 assets down tainsure son area is clear. We also removed all old dust covers in area. 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: 08/09/21 08:05 am Signature: Telephone Number: j S Title: Gig.c. 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). CS-SSO Form Page: 3 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 i 919.397.6131(mobile) Joe.lunne@DurhamNC goy News Release For Immediate Release: August 4, 2021 City of Durham contains sewer spill near 3311 Shannon Road DURHAM, N.C. —The City of Durham Department of Water Management reports that on August 3, 2021 staff responded to a sewer overflow near 3311 Shannon Road. Approximately 2,400 gallons of untreated wastewater flowed into the New Hope Creek Watershed. The spill was caused by the manhole insert failing into the sewer and blocking flow. Staff were notified of the overflow at 5:02 p.m. on August 3, 2021 and the blockage was cleared at 1:00 am on August 4. Crews removed the object, dammed the creek downstream, flushed the creek, pumped the untreated wastewater back into the sanitary sewer system, and remediated the spill site. 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 August 4, 7021, as required by state regulations/law. For more information, contact Junior Mobley, Superintendent of Water & :wer Maintenance. 101 City Hall Plaza, Second Floor, Durham, NC 27701 I 919.560 4123 DurhamNC.gov Follow Us a@Clltty ©rhamNNCC