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HomeMy WebLinkAboutWQCS00147_DV-2022-0026_20220303ROY COOPER Governor ELIZABETH S. BISER Secretary S. DANIEL SMITH Director Certified Mail # 7020 3160 0000 4109 5091 Return Receipt Requested Shannon V Becker Aqua North Carolina Inc. 202 Mackenan Dr. Cary, NC 27511-6447 NORTH CAROLINA Environmental Quality March 03, 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. WQCS00147 Aqua North Carolina Inc. Neuse Colony Collection System Case No. DV-2022-0026 Johnston County Dear Permittee: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $2,036.57 ($2,000.00 civil penalty + $36.57 enforcement costs) against Aqua North Carolina Inc. This assessment is based upon the following facts: a review has been conducted of the Sanitary Sewer Overflow (SSO) 5-Day Report submitted by Aqua North Carolina Inc. This review has shown the subject facility to be in violation of the requirements found in Collection System Permit No. WQCS00147 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 Aqua North Carolina Inc. violated the terms, conditions or requirements of Collection System Permit No. WQCS00147 and G.S. 143-215.1(a)(1) in the manner and extent shown in Attachment A. In accordance with the maximums established by G.S. 143-215.6A(a)(2), a civil penalty may be assessed against any person who violates the terms, conditions or requirements of a permit required by G.S. 143-215.1(a). North Carolina Department of Environmental (Nifty I Division of water Resources Raleigh Regional Office I MOO Barrett Drtve I Ra d North Carolna 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 Aqua North Carolina Inc.: $2,000.00 For 1 of the 1 violations of Collection System Permit No. WQCS00147 and G.S. 143-215.1(a)(1) for Sanitary Sewer Overflow(s) resulting in a discharge without a valid permit. $2,000.00 TOTAL CIVIL PENALTY $36.57 Enforcement Costs $2,036.57 TOTAL AMOUNT DUE Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 143B-282.1(b), which are: (1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation; (2) The duration and gravity of the violation; (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; (6) Whether the violation was committed willfully or intentionally; (7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and (8) The cost to the State of the enforcement procedures. Within thirty (30) days of receipt of this notice, you must do one of the following: (1) (2) (3) Submit payment of the penalty, OR Submit a written request for remission, OR Submit a written request for an administrative hearing Option 1: Submit payment of the penalty: Payment should be made directly to the order of the Department of Environmental Quality (do not include waiver form). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). Please submit payment to the attention of: Attn: PERCS Branch Division of Water Resources 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Option 2: Submit a written request for remission or mitigation including a detailed justification for such request: Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Because a remission request forecloses the option of an administrative hearing, such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation and agreement that no factual or legal issues are in dispute. Please prepare a detailed statement that establishes why you believe the civil penalty should be remitted, and submit it to the Division of Water Resources at the address listed below. In determining whether a remission request will be approved, the following factors shall be considered: (1) whether one or more of the civil penalty assessment factors in NCGS 143B-282.1(b) was wrongfully applied to the detriment of the petitioner; (2) whether the violator promptly abated continuing environmental damage resulting from the violation; (3) whether the violation was inadvertent or a result of an accident; (4) whether the violator had been assessed civil penalties for any previous violations; or (5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Please note that all evidence presented in support of your request for remission must be submitted in writing. The Director of the Division of Water Resources will review your evidence and inform you of his decision in the matter of your remission request. The response will provide details regarding the case status, directions for payment, and provision for further appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty Remissions (Committee). Please be advised that the Committee cannot consider information that was not part of the original remission request considered by the Director. Therefore, it is very important that you prepare a complete and thorough statement in support of your request for remission. In order to request remission, you 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 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 JUSTIFICATION FOR REMISSION REQUEST Case Number: DV-2022-0026 Assessed Party: Aqua North Carolina Inc. Permit No.: WQCS00147 County: Johnston Amount Assessed: $2,036.57 Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form to request remission of this civil penalty. You should attach any documents that you believe support your request and are necessary for the Director to consider in evaluating your request for remission. Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 143B-282.1(c), remission of a civil penalty may be granted only when one or more of the following five factors apply. Please check each factor that you believe applies to your case and provide a detailed explanation, including copies of supporting documents, as to why the factor applies (attach additional pages as needed). (a) one or more of the civil penalty assessment factors in N.C.G.S. 143B-282.1(b) were wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil penalty assessment document); (b) the violator promptly abated continuing environmental damage resulting from the violation (i.e., explain the steps that you took to correct the violation and prevent future occurrences; (c) the violation was inadvertent or a result of an accident (i.e., explain why the violation was unavoidable or something you could not prevent or prepare fori; (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 JOHNSTON IN THE MATTER OF ASSESSMENT OF CIVIL PENALTIES AGAINST Aqua North Carolina Inc. Neuse Colony Collection System PERMIT NO. WQCS00147 WAIVER OF RIGHT TO AN ADMINISTRATIVE HEARING AND STIPULATION OF FACTS CASE NO. DV-2022-0026 Having been assessed civil penalties totaling $2,036.57 for violation(s) as set forth in the assessment document of the Division of Water Resources dated March 03, 2022, the undersigned, desiring to seek remission of the civil penalty, does hereby waive the right to an administrative hearing in the above -stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the Director of the Division of Water Resources within thirty (30) days of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after (30) days from the receipt of the notice of assessment. This the day of , 20 ADDRESS SIGNATURE TELEPHONE ATTACHMENT A Aqua North Carolina Inc CASE NUMBER: DV-2022-0026 PERMIT NO: WQCS00147 FACILITY: Neuse Colony Collection System Other Violations REGION: Raleigh COUNTY: Johnston INCIDENT VIOLATION NUMBER DATE VIOLATION TYPE VIOLATION DESCRIPTION 202101990 9/29/2021 CSO/SSO(Sewer Overflow) Discharge without valid permit TOTAL VOLUME PENALTY (GALLONS} AMOUNT 100,000 $2,000.00 DIVISION OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT Violator: Aqua North Carolina Inc. Facility Name: Neuse Colony Collection System Permit Number: WOCS00147 County: Johnston Case Number: DV-2022-0026 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 faulty automatic transfer switch at the Neuse River Parkway pump station caused 100,000 gallons to surcharge from a manhole upstream of the pump station and into the Neuse River, a class WS-V; NSW in the Neuse River Basin. Increased nutrients and pathogens to surface waters 11 water quality standard violations. h Cam. 2) The duration and gravity of the violation; The SSO started 09.29.2021 at 11:45 am and ended 09.30.2021 at 6:30 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 to surface waters -and water quality standard violations. 4) The cost of rectifying the damage; The cost of rectifying the damage is not given. 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 has been one enforcement against the violator within the past 12 months. 8) The cost to the State of the enforcement procedures. $36.57 -3 "-2o�z Date Scott Vinson, Regional Supervisor Water Quality Regional Operations Section Raleigh Regional Office Division of Water Resources, NCDEQ AQUA. November 11, 2021 Mr. Scott Vinson, Regional Supervisor Water Quality Regional Operations Raleigh Regional Office 1628 Mail Service Center Raleigh, NC 27699-1628 Re: Notice of Violation and Intent to Issue Civil Penalty Neuse Colony Collection System, Johnston County Collection System Permit No. WQCS00147 NOV-2021-DV-0453 Dear Mr. Vinson: NC Dept of Environmental Quality NOV 1 6 2021 Raleigh Regional Office Aqua North Carolina, Inc. (Aqua) offers the following response to the above -referenced Noticc of Violation and Intent to Issue Civil Penalty, which was issued for power outage, pump station equipment failure on September 29, 2021 for Sanitary Sewer Overflows 5-Day Report. Aqua's Response: Aqua appreciates the opportunity to provide additional information on this event. Our investigation into this Sanitary Sewer Overflow found that the generator automatic transfer switch (ATS), and one of two digital inputs on the Omni Beacon alarm monitor had failed ultimately contributing to the SSO occurrence. Our records prove that the generator was inspected and serviced by our third -party vendor just last May. Records show that the Aqua technician was performing his required visits to this site as well as performing the tasks associated with these visits. Records also show that the telemetry was in working order when the technician last tested it during his required visit. The only anomaly related to this situation are the power "blips" that Duke power was experiencing in the area of this lift station at the time of this overflow event. Therefore, Aqua is unable to identify and correct an internal root cause for this overflow event. Aqua believes that the power" blips" confirmed and experienced by Duke power, caused the full transfer of power to fail when the Lift Station called for it and ultimately caused this unfortunate sewer overflow. As an additional mitigation factor, please note that the wastewater treatment plant operator noticed a reduction in the daily flow at the wastewater treatment plant that morning and notified the collection system team to start the investigation. They immediately began the investigation and stopped the SSO almost immediately. This prompt and diligent action by Andy Stevens, the ORC at the Neuse Colony Wastewater Treatment Plant, reduced the time during which the SSO could have occurred, and is exemplary of a good operator fully performing his duties. Based upon our investigation, no operator made any error, and all appropriate operation and maintenance of the system were completed. 202 MacKenan Court, Cary, NC 27511 • 919.467.8712 • AquaAmerica.com cc: Joseph Pearce Amanda Berger Shannon Becker ROY COOPER Governer ELIZABETH S. BISER spy S. DANIEL SMITH Director Efituntharglatleausstitg Shannon V Becker, President Aqua North Carolina Inc. 202 Mackenan Ct Cary, NC 27511-6447 NORTH CNA ital October 22, 2021 SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY Tracking No.: NOV-2021-DV-0453 Sanitary Sewer Overflows - September 2021 Collection System Permit No. WQCS00147 Neuse Colony Collection System Johnston County Dear Mr. Becker: A review has been conducted of the self -reported Sanitary Sewer Overflows (SSO's) 5-Day Reports submitted by Aqua North Carolina Inc. The Division's Raleigh Regional Office concludes that the Aqua North Carolina Inc. violated Permit Condition I (2) of Permit No. WQCS00147 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 Aqua North Carolina Inc. an opportunity to provide evidence and justification as to why the Aqua North Carolina Inc. should not be assessed a dvil penalty for the violation(s) that are summarized below: Inddent Start Duration Number Date (Mins) Location Cause Total Vol Total Surface Vol Water (Gab) (Gals) DWR Action 202101990 9/29/2021 1,845 Manhole 100 feet Power Outage, Pump 100,000 100,000 Notice of Violation upstream from Lilt station equipment Notice of Intent Station (455 Neuse failure River Parkway, Clayton NC) Nardi Carolina Deportment a(Ln6owia.dlangry 1 PAWN s IlelephbpwdOffice 13e003rrtrOrPe I AIM" NereiOrelt.rn0� This Notice of Violation / Notice of intent to Enforce (NOV/NOI) Is being issued for the noted violation. Pursuant to G.S. 143-215.6A, a civil penalty of not more than twenty-five thousand dollars ($25,000.00) may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of any permit issued pursuant to G.S. 143-215.1. This office requests that you respond to this Notice, in writing, within 10 business days of its receipt. In your response, you should address the causes of non-compliance, remedial actions, and all other actions taken to prevent the recurrence of similar situations. The response to this correspondence will be considered In this process. Enforcement decisions will also be based on volume spilled, volume reaching surface waters, duration and gravity, impacts to public health, fish kills or recreational area closures. Other factors considered In determining the amount of the civil penalty are the violator's history of non-compliance, the cost of rectifying the damage, whether the spill was intentional and whether money was saved by non-compliance. If you have any questions, please do not hesitate to contact Mitchell Hayes with the Water Quality Section in the Raleigh Regional Office at 919-791-4200 or via email at mitch.hayes@ncdenr.gov. Sincerely, 7/1-41.-14.- Scott Vinson, Regional Supervisor Water Quality Regional Operations Section Raleigh Regional Office Division of Water Resources, NCDEQ Cc: Raleigh Regional Office - WQS Flle Laserflche Halt 0 rehash rRringOfEq.FmwnwMalQurks I Olrhdenaf Yaw Ressurta Rah* 011loe:IIAO.an.KAir.,Web" liefharalnaTM ROY COOPER Gowrser EUZABETH S. BISER & DANIEL SMITH May N dt 7020 3160 00 22L9 2211 Shannon V Becker, President Aqua North Carolina Inc. 202 Mackenan Ct Cary, NC 27511-6447 NORTH CAROLINA October 22, 2021 SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY Traddng No.: NOV-2021-DV-0453 Sanitary Sewer Overflows - September 2021 Collection System Permit No. WQCS00147 Neuse Colony Collection System Johnston County Dear Mr. Becker: A review has been conducted of the self -reported Sanitary Sewer Overflows (SSO's) 5-Day Reports submitted by Aqua North Carolina Inc. The Division's Raleigh Regional Office condudes that the Aqua North Carolina Inc. violated Permit Condition I (2) of Permit No. WQCS00147 by falling to effectively manage, maintain, and operate their collection system so that there is no SSO (Sanitary Sewer Overflow) to the land or surface waters and the SSO constituted making an outlet to waters of the State for purposes of G.S.143-215.1(aX1), for which a permit is required by G.S. 143-215.1. The Raleigh Regional Office is providing the Aqua North Carolina Inc. an opportunity to provide evidence and justification as to why the Aqua North Carolina Inc. should not be assessed a civil penalty for the violation(s) that are summarized below: Incident Number 202101990 9/29/2021 Start Duration Date (Mins) Location Cause 1,845 Manhole 100 feet Power Outage, Pump upstream from Lift station equipment Station (456 Neuse failure River Parkway, Clayton NC) Total Vol Total Surface Vol Water (Gail) (Gals) 100,000 100,000 a once. 11*oo11wnuonY.weraeoraa„Mo, I DWR Action Notice of violation Notice cf Intent • Complete ltans 1. 2. and a • Petit your remand address on the reverse so that we can return the card to you. • Attach this card to the beak of the nlaltpleos, or on the front If apace pemt le. Y Ws. s V. BECKER, PRESIDENT A CAROUNA, INC. 20 MACKINAN COURT CAROM 27511-6447 NOV-2021-DV.0453 / NOV-INTENT TO ASSESS/ 70211026 NEUSE COLONY COILSYS/ WQCS00147 / JOHNSTON COUNTY ttEC: 7020 3160 0000 2219 3211 / M 10/22/2021 n.i�minnu�ummint Agent 0 Addressee O. hale of Densely a Iade9usntaddredadRaardbernRem 17 D Yes tf YE% ender delivery address Woes CI No 2. Mole Number filsosibrAwn sweric ell a 0 a O O O O 7020 3160 0000 2219 3211 Sento Type Adult illonsfuro ReesbadWiry MOM MAO sawn Coact co Davy Cabot onMiley RookloledD iy RoMoted Dix 0liVOM r+dlMld*m 1 0 r Mr•d Md Reedoted 0 tor 0 elpmbroConmmMon^I 0 Blenetlss Cnrelmoion Roldotod Dearly PS Fenn 3811. i i i >y go18 Pstl rl ru m a• rl ru nj 0 .o m ru 11111 .47 11.S, Postal Service` CERTIFIED MAIL' RECEIPT Do/Host/L. !.rail Qnfy 1 ur 41a•1+5.4.-ry 11I lur i1 l+lliVl1. .-.:t e'!'.S 1I .. 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BECKER, PRESIDENT AQUA NORTH CAROLINA, INC. 202 MACKENAN COURT CARY, NC 27511-6447 NOV-2021-DW0453 / NOV-INTENT TO ASSESS/ 20212026 NEUSE COLONYCOLL.SYS / WQCS00147/JOHNSTON COUNTY EEC: 7020 3160 0000 2219 3211 / M 10/22/2021 I'SFt1.i. 3a11I11, .l}rsl 2{I1 I r., i. .,7.-i R 9590 94* 3415 7227 6983 69 nfted Demotic Return Receipt 1.151.ela uIllIIY Protases Mall Postage & Fees Paid LISPS Permit No. G-10 • Sender Please print your name, address, and ZIP+40 In Ns box, WATER QUALITY REGIONAL OPERATIONS SECTION NC-DEQ RALEIGH REGIONAL OFFICE 3800 BARRETT DRIVE RALEIGH, NC 27609 „I.IJII,IIJ..II Ihpshl.lj,lru jll.,.l'J�IIf 1ljf l,jjl.11l'I�l,l DWR Division of Wider 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: WQCS00147 (WQCS# if active, otherwise use WQCSD#) Facility: Neuse Colony Collection System Incident #: 202101990 Owner: Aqua North Carolina Inc City: County: Johnston Region: Raleigh Source of SSO (check applicable): ❑ Sanitary Sewer El 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): Manhole 100 feet upstream from Lift Station (456 Neuse River Parkway, Clayton NC Manhole #: Latitude (Decimal Degrees): Longitude (Decimal Degrees): Incident Started Dt: 09/29/2021 Time: 11:45 am Incident End Dt: 09/30/2021 Time: 06:30 pm (mm-dd-yyyy) (hh:mm AM/PM) (mm-dd-yyyy) (hh:mm AM/PM) Estimated Volume of the SSO: 100,000 gallons Estimated Duration (Round to nearest hour): 30:45 hours Describe how the volume was determined: Utilized the normal pump runtimes for the duration that the station was inoperable Weather conditions during the SSO event: Normal Did SSO reach surface waters? El Yes ❑ No ❑ Unknown Volume reaching surface waters (gals): 100000 Surface water name: NEUSE RIVER Did the SSO result in a fish kill? ❑ Yes Q No ❑ Unknown If Yes, what is the estimated number of fish killed? 0 SPECIFIC cause(s) of the SSO: ▪ Pump Station Equipr 2 Power outage 24 hour verbal notification (name of person contacted ): Cheng Zhang ▪ DWR ❑ Emergency Mgmt Date (mm-dd-yyy): 09/30/2021 Time (hh:mm AM/PM): 03:15:00 pm If an SSO is ongoing, please notify the appropriate Regional Office on a daily basis until SSO can be stopped. Per G.S. 143-215.1C(b), the responsible party of a discharge of 1,000 or more of untreated wastewater to surface waters shall issue a press release within 24-hours of first knowledge to all print and electronic news media providing general coverage in the county where the discharge occurred. When 15,000 gallons or more of untreated wastewater enters surface waters, a public notice shall be published within 10 days and proof of publication shall be provided to the Division within 30 days. Refer to the reference statute for further detail. The Director, Division of Water Resources. may take enforcement action for SSOs that are required to be reported to Division unless it is demonstrated that: 1) the discharge was cause by sever natural conditions and there were no feasible alternative to the discharge; or 2) the discharge was exceptional, unintentional, temporary and caused by factors beyond the reasonable control of the Permittee and/or owner, and the discharge could not have been prevented by the exercise of reasonable control. Part II must be completed to provide a justification claim for either of the above situations. This information will be the basis WHETHER OR NOT PART III IS COMPLETED. A SIGNATURE IS REQUIRED AT THE END OF THIS FORM CS-SSO Form Page: 1 PART I1: ANSWER THE FOLLOWING QUESTIONS FOR EACH RELATED CAUSE CHECKED IN PART I OF THIS FORM AND INCLUDE THE APPROPRIATE DOCUMENTATION AS REQUIRED OR DESIRED COMPLETE ONLY THOSE SECTONS PERTAINING TO THE CAUSE OF THE SSO AS CHECKED IN PART I (In the check boxes below, NA = Not Applicable and NE = Not Evaluated) A HARDCOPY OF THIS FORM SHOULD BE SUBMITTED TO THE APPROPRIATE DWR REGIONAL OFFICE UNLESS IS Pump Station Equipment Failure What kind of notification/alarm systems are present? Auto-dialer/telemetry (one-way communication) 17i Yes Audible p Yes Visual RI Yes SCADA (two-way communication) pi Yes Emergency Contact Signage 17 Yes Other El Yes Describe the equipment that failed? Telemetry What kind of situations trigger an alarm condition at this station (i.e. pump failure, power failure, high water, etc.)? Were notification/alarm systems operable? [] Yes f No 17 NA Ei NE If no, explain: Upon inspection of the Lift Station, the pumps were in the on position but the lift station was not operating . An Aqua Utility Technician put the generator transfer switch in the off position and then back into the on position. At this time Aqua started receiving alarms, both high level and power failure. and it was verified that we had power to the pumps and floats again. The generator was also displaying a high temperature alarm, making the generator inoperable. The investigation found that the generator, the automatic transfer switch (ATS), and one of two digital inputs on the OmniBeac alarm monitor had failed. During the routine lift station inspection on 9/29/2021, the Operator dropped station power and observed the Generator start and transfer to Emergency power. At some point during this test, the generator had shut do due to various faults and the ATS failed to transfer back to Normal power. The OmniBeacon has two digital inputs for Higi Level; one powered which was working and one dry -contact which was not working. While the powered input was functioi without power. it could not indicate the high level condition. If a pump failed, when was the last maintenance and/or inspection performed? N/A What specifically was checked/maintained? N/A CS-SSO Form Page: 2 If a valve failed, when was it last exercised? N/A Were all pumps set to alternate? ❑ Yes ❑ No 17 NA El NE Did any pump show above normal run times prior to and during the SSO event? ❑ Yes ❑ No 17 NA El NE Were adequate spare parts on hand to fix the equipment (switch, fuse, valve, seal, ❑ Yes ❑ No p NA ❑ NE etc.)? Was a spare or portable pump immediately available? ❑ Yes ❑ No 17 NA ❑ NE If a float problem, when were the floats last tested? How? N/A If an auto -dialer or SCADA, when was the system last tested? How? 9/29/2021 Comments: The Aqua Utility Technician completed his daily Lift Station PM checks by pulling the high level float and making sure he aot both an audible and visible alarm (alarm buzz and flashing light at panel). and telemetry message. He records all Lift Station readings for the impulse meter and time clock for both lift station pumps and the generator in the lift station lop book. The readings were in line with previous checks. The technician turned off main power at transfer switch by putting t! transfer switch into the off position for approximately 15 seconds until the generator engaged (audible click followed bi the generator starting up). Then, he turned the transfer switch back into the on position and locked it in place with a padlock. The generator came on and ran as normal. The technician verified that the generator completed its cycle and shut off. The technician stated that he received the normal call out alerts while performing his checks (high level, power failure). He acknowledged those and received no further alarms from the lift station. Power outage What is your alternate power or pumping source? Generator Did it function properly? n Yes 0 No El NA El NE Describe? Our generator service contractor was onsite on 9/30/2021 and found that the generator unit shutdown in red stop alarm fc high engine temperature immediately after it ramped up to 1800 rpm. This alarm was caused by a faulty HET shutdown switch. The tech performed trouble shooting of all components in the de -energized ATS to verify the sequence of operatio is correct. Found that no components were damaged, ATS is working as designed at this time. Fail condition not duplicated. When was the alternate power or pumping source last tested under load? 9/29/2021 If caused by a weather event, how much advance warning did you have and what actions were taken to prepare for the event? N/A Comments: N/A System Visitation CS-SSO Form Page: 3 ORC WI Yes Backup ❑ Yes Name: Alton Ratliff Cert# 1000971 Date visited: 9/29/2021 and 10/1/2021 Time visited: 8+ hours How was the SSO remediated (i.e. Stopped and cleaned up)? Aqua staff started the remediation and a 3rd party environmental contractor (Chase Environmental) completed the remediation. Chase Environmental also came back the following day for further evaluation of the area to insure no further impacts to the environment. Aqua is currently awaiting the final report from Chase Environmental and will send a copy to your attention once received. 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: Robert Krueger Date: 10/05/21 11:02 am Signature: Title: Area Manager 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: 4 Water Resources ENVIRONMENTAL QUALITY May 10, 2018 Ms. Amanda Owens, Environmental Compliance Manager Aqua North Carolina, Inc. 202 Mackenan Court Cary, NC 27511 Subject: Permit No. WQCS00147 Aqua North Carolina, inc. Neuse Colony Collection System Johnston County Dear Ms. Owens: ROY COOPER Coves nos MICHAEL S. REGAN Sammy LINDA CULPEPPER lnlwrm Durum In accordance with your application received April 24, 2018, we are forwarding herewith Permit No. WQCS00147, dated May 10, 2018, to Aqua North Carolina, Inc. for the operation and maintenance of the subject wastewater collection system. This permit shall be effective from May 10, 2018 until April 30, 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: httn://ncdenr.s3.amazonaws.com/s3fs- p ubl ic/Water%20Qual itv/Surface%20Water9620Protection/PE RCS/WCS%20(Collection%20Svstem)U odated %20WQCS%20Template%2015.05.18%20ihiehliehted).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 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 tributaryto 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. 1617 Mall Service Center, Raleigh, North Carolina 27699-1617 Phone 919-807-63001 Internet www.ncwaterquality.org M Equal Oppalundy 1 AIrimaave Action Employer — Made in part by recycled paper Neuse Colony Collection System May 10, 2018 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: http://ncdenr.s3.amazonaws.com/s3fs- pub lic/W ater9620Qua I itv/Su rfa ce%20Wate r%20Protectio n/P ERCS/WCS%20(SSO%20Docume ntsl/CS- SSO(20151.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 150E 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 (919) 807-6308. Sincerely, _J, for Linda Culpepper Interim Director, Division of Water Resources by Deborah Gore, Supervisor Pretreatment, Emergency Response, Collection System Unit (PERCS) enclosure: Permit No. WQCS00147 cc: Raleigh Regional Office, Water Quality Regional Operations (electronic) Water Resources Central Files — WQCS00147 (electronic) Maureen Kinney, NC Operators Certification Program (electronic) PERCS Files (electronic) Permit Enforcement History Details by Owner CO.13 • Mt u u 1I0. q 0 0 al• e m2 Aqua North Carolina Inc egi 1-) �_ma �■ r�E 44) E / 2 2 8 R § 2 k 2/26/19 $2,000.00 DV-2019-003' Total Balance Due : $0.00 Sum Of Total Paid:$2,032.36 Total Enforcement Cost: $32.36 Total Penalty Amount: $2,000 Total Cases: Total Penalties After Remissions : $2,032.36 Sum of Total Case Penalties: $2,032.36