WQCS00013_Response to NOV-2022-DV-0069_20220406

TOWN OF CARY
April 6, 2022
Mr. Scott Vinson, Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ
1628 Mail Service Center
Raleigh, NC 27699-1628
CERTIFIED MAIL
Subject: Notice of Violation (NOV-2022-DV 0069): Notice of Intent to Issue Civil Penalty
Dear Mr. Vinson:
On March 24, 2022 the Town of Cary Utilities Department received a Notice of Violation with
a Notice of Intent (NOV-NOI) letter dated March 14, 2022 from the North Carolina Department
of Environmental Quality, Division of Water Resources — Raleigh Regional Office for two
sanitary sewer overflows (SSO) that occurred on February 12 and February 16, 2022. The
NOV letter identifies the February 12 SSO with a notice of intent to enforce the violation and
allows Cary the ability to provide evidence or justification within 10 business days from receipt
of the letter to address cause of non-compliance, remedial actions, and actions to prevent
recurrence of the SSO.
incident #
Start Date
Duration
(min)
Location
Cause
Total
Volume
(Gal)
Total Volume
Surface Water
(Gal)
DWR
Action
202200217
2/12/2022
105
100 Block
Greyfriars Ln.
Debris
in line,
Roots
4,665
3,565
Notice of
Violation —
Notice of
Intent
202200228
2/16/2022
5
421 S. West St.
Roots
440
440
Notice of
Violation
Cary takes pride in the operation and management of our nearly 1,000 miles of wastewater
collection system. We are an award winning and progressive wastewater utility that has very
few reportable or large volume SSO. We place emphasis on responding quickly to sewer
emergencies to prevent and minimize any spills that impact our citizens, community, and
environment. We appreciate the opportunity to provide information on the recent sewer
overflows, our efforts, and justification for why additional enforcement action or civil penalty
should not be assessed to the Town of Cary.
TOWN OCARY
400 James Jackson Avenue • Cary, NC 27513 • FO Box 8005 • Cary, NC 27512-8005
tel [phone] • fax [phone] • www.townofcary.otg

SSO Notice of Violation — Notice of intent
Aoril 6. 2022
Corrective Actions — On February 13 a news release was published and distributed within
24 hours following the sewer spill (Attachment 1.). After clearing the blockage, the area sewer
lines were hydraulicly cleaned, video inspected and acoustically assessed (approximately
1,350 feet) to ensure there were no additional accumulations or partial sewer line blockages.
The video assessment identified some tuberculation (Figure 1.) and corrosion (Figure 2.) on
the interior of the ductile iron pipe but is in generally good condition. We are adding this sewer
line segment to our programming for future rehabilitation.
Figure 1. -. Interior pipe luberculabon
Figure 1. Interior surface corrosion
Cary's history of inspection included an easement and manhole inspections on November
15, 2021 with no issues identified at the time of the inspection. The sewer line was last
cleaned January 17, 2001. We have added this sewer line segment to our reoccurring
inspection list and will begin inspecting this sewer line segment on a semi-annual basis to
help ensure the sewer line is operating properly without any blockages. Due to the volume of
sanitary wipes and paper associated with this spill, a Nextdoor post was published and
distributed to 5 surrounding neighborhoods notifying of the sewer spill and cause. There were
214 impressions reported from Nextdoor the week following the post.
February 18 - Nextdoor Post:
As a community we work together to preserve and protect our environment and maintaining the sewer
system is an important part of that effort. We are notifying you that on February 72, 2022 Town crews
cleaned up a sewer spill near your neighborhood. It was determined that this unfortunate incident happened
because a significant amount of sanitary wet wipes and paper debris had accumulated in this area of our
system. We rely on all users of the sewer system to keep pipe -clogging material out of the sewer pipes.
Here's how you can help: Don't Rush to Flush 1 click here.
The sewer manhole SP75112055 that overflowed and was
partially covered with sediment and leaves (Figure 3.), was
raised approximately 6-inches to prevent the manhole from
being covered again in the future.

SSO Notice of Violation — Notice of Intent ADril IL 2022
We appreciate the opportunity in being able to provide information on both unfortunate sewer
spills. These two instances are the only sewer spills that have occurred in those sewer line
segment areas. We appreciate NC DEQ's consideration in evaluating these sewer spills, the
cause, and Cary's record and response to remediate and help ensure that a SSO
reoccurrence does not reoccur at these locations. If we can answer any questions or provide
any additional information, please feel free to contact Mr. Donald Smith, Wastewater
Collection System Manager at [phone].
Sincerely,
e Reve ,
lities Director
Cc: Donald Smith, Wastewater Collection System Manager
Paul Campbell, Wastewater Collection System Operator
Attachments:
• NCDEQ Notice of Violation — NOI to issue Civil Penalty — NOV2022-DV-0069
• News Release — Sanitary Wipes and Paper Debris Cause Sewer Spill in Cary
• Collection System Sanitary Sewer Overflow Reporting Form — Incident #
202200217
• Collection System Sanitary Sewer Overflow Reporting Form — Incident #
202200228

This Notice of Violation / Notice of Intent to Enforce (NOV/NOI) is being issued for the noted violation. Pursuant
to G.S. 143-215.6A, a civil penalty of not more than twenty-five thousand dollars ($25,000.00) may be assessed
against any person who violates or fails to act in accordance with the terms, conditions, or requirements of any
permit issued pursuant to G.S. 143-215.1.
This office requests that you respond to this Notice, in writing, within 10 business days of its
receipt In your response, you should address the causes of non-compliance, remedial actions, and all other
actions taken to prevent the recurrence of similar situations. The response to this correspondence will be
considered in this process. Enforcement decisions will also be based on volume spilled, volume reaching surface
waters, duration and gravity, impacts to public health, fish kills or recreational area closures. Other factors
considered in determining the amount of the civil penalty are the violator's history of non-compliance, the cost of
rectifying the damage, whether the spill was intentional and whether money was saved by non-compliance.
If you have any questions, please do not hesitate to contact Mitchell Hayes with the Water Quality Section in
the Raleigh Regional Office at 919-791-4200 or via email at [e-mail].
Cc: Raleigh Regional Office - WQS File
Laserfiche
Sincerely,
Scott Vinson, Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ
North arawDeportment erRmRrarrwnultb+elt7 r [moms orWier twwwnne
Raleigh R.lton.lOffice 3110011orrettOrhe I Raleigh. HortliCorollno27609
919,791,4200

DWR
Min of Water Reroutes Form CS-SSO
State of North Carolina
Department of Environment and Natural Rceourccs
Division of Water Resources
Collection System Sanitary Sewer Overflow Reporting Form
PART I:
This form shall be submitted to the appropriate DWQ Regional Office within five business den of the first knowledge of the
sanitary sewer overflow (SSO).
Permit Number. WQCS00013 (WQCS# if active, otherwise use WQCS13#)
Facility: Cary Collection System Incident #: 202200217
Owner: Town of Cary
City: Cary
County: Wake Region: Ralel9h
Source of SSO (check applicable): Eli 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 et Westall & Bragg Street, etc): 100-Block Greyfriars Ln
Manhole #: SP75112055
Latitude (Decimal Degrees): Longitude (Decimal Degrees):
Incident Started Dt: 02/12/2022 Time: 7:45 pm Incident End Dt: 02/12/2022 Time: 09:30 pm
(mm-dd-yyyy) (hh:mm AM/PM) (mm-dd-yyyy) (hh:mm AM/PM)
Estimated Volume of the SSO: 4,665 gallons Estimated Duration (Round to nearest hour): 1:45 hours
Describe how the volume was determined:
Sewer Spill Estimation Guide using spill area, observed flow, and creek condition
Weather conditions during the SSO event: Clear
Did SSO reach surface waters? Yes ❑ No [] Unknown Volume reaching surface waters (gals): 3565
Surface water name: Regency Park Lake
Did the SSO result in a fish kill? ❑ Yes No ❑ Unknown If Yes, what is the estimated number of fish killed?
SPECIFIC cause(s) of the SSO:
Roots m Debris in line
24 hour verbal notification (name of person contacted ): Marianne Nicholaysen
❑ DWR Emergency Mgmt Date (mm-dd-yyy): 02/13/2022 Time (hh:mm AM/PM): 10:36:00 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 Resqujces. may take enforcement action for SSOs that are required to be rerQrted 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
Permlttee 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 111 IS COMPLETED. A SIGNATURE IS REQUIRED AT THE END OF THIS FQRM
CS-SSO Form
Page: 1

Have cleaning and inspections ever been Increased at thls location due to previous ❑ Yes m No ❑ NA ❑ NE
problems with debris?
Explain:
No history of debris problems were Identified in this area of the sewer system.
Are appropriate educational materials being developed and distributed to prevent fub ® Yes No 171 NA El NE
similar occurrences?
Comments:
Public education and responsible wastewater tins are being distributed via Nextdoor to area residents,
System Visitation
ORC ® Yes
Backup Yes
Name:
DoniId Smith
Cert#
10014=0
Date visited:
2/13/2022
Time visited:
7:00AM
How was the SSO remediated (i.e. Stopped and cleaned up)?
The blockage was cleared at 9:30 PM on 2/12/2022 usina a hydraulic jet truck. Wpstewe3gr around the Will site was
pumped back into the sewer system for disposal and debris pocked uo. The creek was temporarily dammed and pumps
setup downstream. Dechlorinated water was used to flush the spill site and creek with all water being pumped to sewer fc
treatment. All sewer was contained in the creek which was not flowing. The sewer will was intercepted in the creek and n
sewer discharged into the dowasiream Reaencv Park Lake. Ppwdered lime was applied at the will site 1a treat the soil.
Conductivity readings in the creek were used to identify the spill _and for cleanup efforts.
As a representative for the responsible party, I certify that the Information contained in thls report Is true and accurate to the
best of my knowledge.
Person submitting daim: Donald Bradley Smith Date: 02/17/22 01:00 pm
Signature: � 1
Telephone Number.
"
Title: I,.)u Loll+.• 3A 51.1 A..A 114,&
Any addition information desired to be submitted should be sent to the appropriate Division Regional Office within five days of f
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

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 OF THE SSO AS CHECKED IN PART 1
(In the check boxes below, NA a Not Applicable and NE v Not Evaluated)
A HARDCOPY OF THIS FORM SHOULD BE SUBMITTED TO THE APPROPRIATE DWR REGIONAL OFFICE UNLESS IS
Do you have an active root control program on the line / area in question? ® Yes No NA CI NE
Describe
This sewer line segment is currently on a root treatment program. Chemical root treatment applied in sprina 2018 and
January 2922,
Have cleaning and Inspections ever been increased at this location because of roots' 0 Yes No NA NE
Explain:
This line segment and area Include VCP pipe and are inspected and cleaned on a 2-year cycle,
What corrective actions have been accomplished at the SSO location (and
surrounding system if assodated with the SSO)?
This sewer line was jetted to clear the roots and blockage. A video inspection was atsg conducted to ensure roots were
removed. We will continue to keep this area in our chemical root treatment program.
What corrective actions are planned at the SSO location to reduce root intrusion?
The area is being assessed for an additional chemical root treatment in addition to the cleaning that has occurred. This
VCP sewer line will continue to be cleaned and inspected on an increased 2-year cycle.
Has the line been smoke tested or videoed within the past year? [] Yes ® No ❑ NA [] NE
If Yes, when?
Comments:
This sewer line was cleaned. and video inspected on Mav 13. 2020 in conjunction with our 2 year cleaning and inspection
program. A sewer line easement inspection and manhole inspections were performed on Seotember 27. 2021.
System Visitation
ORC ® Yes
Backup 1=I Yes
Name:
Donald B. Smith
Cart#
1001030
Date visited:
2/16/2022
CS-SSO Form Page: 2