WQCS00002_DV-2022-0033 enforcement case file_20220428

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
Certified Mail # 7020 3160 0000 4109 5756
Return Receipt Requested
Whit Wheeler, Assistant Public Utilities Director
City of Raleigh
PO Box 590
Raleigh, NC 27602-0590
NORTH CAROLINA
Environmental Quality
April 28, 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. WQCS00002
City of Raleigh
Raleigh Collection System
Case No. DV-2022-0033
Wake County
Dear Mr. Wheeler:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $536.57 ($500.00 civil penalty +
$36.57 enforcement costs) against City of Raleigh.
This assessment is based upon the following facts: a review has been conducted of the Sanitary Sewer Overflow (SSO)
5-Day Report submitted by City of Raleigh. This review has shown the subject facility to be in violation of the requirements
found in Collection System Permit No. WQCS00002 and G.S. 143-215.1(a)(1). The violation(s) that occurred are
summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that City of Raleigh violated the terms, conditions or
requirements of Collection System Permit No. WQCS00002 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).
.112.9s)
North Carolina Department of Environmental Quality I Division of water Resources
Raleigh Regional Office 1MOO Barrett Drive 1 Raleigh. North Carolina 27609
919.79IA200

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Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the
Secretary of the Department of Environmental Quality and the Director of the Division of Water Resources, I, Scott
Vinson, Regional Supervisor, Raleigh Regional Office hereby make the following civil penalty assessment against City of
Raleigh:
$500.00 For 2 of the 2 violations of Collection System Permit No. WQCS00002 and G.S. 143-215.1(a)(1) for
Sanitary Sewer Overflow(s) resulting in a discharge without a valid permit.
$500.00 TOTAL CIVIL PENALTY
$36.57 Enforcement Costs
$536.57 TOTAL AMOUNT DUE
Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into account the Findings of Fact and
Conclusions of Law and the factors set forth at G.S. 143B-282.1(b), which are:
(1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property
resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs over which the Environmental
Management Commission has regulatory authority; and
(8) The cost to the State of the enforcement procedures.
Within thirty (30) days of receipt of this notice, you must do one of the following:
(1) Submit payment of the penalty, OR
(2) Submit a written request for remission, OR
(3) 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

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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

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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: [phone]
Fax: [phone]
One (1) copy of the petition must also be served on DEQ as follows:
Mr. William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, North Carolina 27699-1601
Please indicate the case number (as found on page one of this Ietter) on the petition.
Failure to exercise one of the options above within thirty (30) days of receipt of this letter, as evidenced by an internal
date/time received stamp (not a postmark), will result in this matter being referred to the Attorney General's Office for
collection of the penalty through a civil action. Please be advised that additional penalties may be assessed for violations
that occur after the review period of this assessment.
If you have any questions, please contact Mitchell Hayes with the Division of Water Resources staff of the Raleigh
Regional Office at [phone] or via email at [e-mail].
Sincerely,
Scott Vinson, Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ
ATTACHMENTS
Cc: WQS Raleigh Regional Office - Enforcement File
Laserfiche

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Case Number: DV-2022-0033
Assessed Party: City of Raleigh
Permit No.: WQCS00002
JUSTIFICATION FOR REMISSION REOUEST
County: Wake
Amount Assessed: $536.57
Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission,
Waiver of Right to an Administrative Hearing and Stipulation of Facts" form to request remission of this civil penalty.
You should attach any documents that you believe support your request and are necessary for the Director to consider in
evaluating your request for remission. Please be aware that a request for remission is limited to consideration of the five
factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting
remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual
statements contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 143B-282.1(c), remission of a civil
penalty may be granted only when one or more of the following five factors apply. Please check each factor that you
believe applies to your case and provide a detailed explanation, including copies of supporting documents, as to why the
factor applies (attach additional pages as needed).
(a) one or more of the civil penalty assessment factors in N.C.G.S. 143B-282.1(b) were wrongfully applied to the
detriment of the petitioner (the assessment factors are listed in the civil penalty assessment document);
(b) the violator promptly abated continuing environmental damage resulting from the violation (i.e., explain the
steps that you took to correct the violation and prevent future occurrences);
(c) the violation was inadvertent or a result of an accident (i.e., explain why the violation was unavoidable or
something you could not prevent or prepare for);
(d) the violator had not been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions (Le., explain
how payment of the civil penalty will prevent you from performing the activities necessary to achieve
compliance).
EXPLANATION:

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STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
COUNTY OF WAKE
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST
City of Raleigh
Raleigh Collection System
PERMIT NO. WQCS00002
WAIVER OF RIGHT TO AN
ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
CASE NO. DV-2022-0033
Having been assessed civil penalties totaling $536.57 for violation(s) as set forth in the assessment document of the Division
of Water Resources dated April 27, 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

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PERMIT NO: WQCS00002
FACILITY: Raleigh Collection System
Other Violations
ATTACHMENT A
City of Raleigh
CASE NUMBER: DV-2022-0033
INCIDENT VIOLATION
NUMBER DATE VIOLATION TYPE
VIOLATION DESCRIPTION
202102158 11/12/2021 CSO/SSO(Sewer Overflow) Discharge without valid permit
REGION: Raleigh
COUNTY: Wake
TOTAL VOLUME PENALTY
(GALLONS) AMOUNT
2,880 $250.00
202102157 11/12/2021 CSO/SSO(Sewer Overflow) Discharge without valid permit 5,157 $250.00

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DIVISION OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT
Violator: City of Raleigh
Facility Name: Raleigh Collection System
Permit Number: WOCS00002 Incident number: 202102158
County: Wake
Case Number: DV-2022-0033
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 2,880 gallons of wastewater spilled into Bushy Creek, a class C; NSW in the Neuse River Basin due to
construction debris found in manhole resulting in blockage of 12" gravity line. All 2,880 gallons of sewage to surface
waters. Nutrients and pathogens to surface watersAWater quality standard violations.
2) The duration and gravity of the violation;
The SSO started 11.12.2021 at approximately 3:09 PM and ended the same day at 5:30 PM. Nutrients and pathogens (3k
surface watersAWater quality standard violations.
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3) The effect on ground or surface water quantity or quality or on air quality;
Nutrients and pathogens to surface waterst\Water quality standard violations.
cam C.4.14.5c
4) The cost of rectifying the damage;
The cost of rectifying the damage is $13,551.60.
5) The amount of money saved by noncompliance;
gnaw- Now .
The approximate costs to treat 2,880 gallons of sewage is $4.32.
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 10 enforcement cases within the past 12 months.
8) The cost to the State of the enforcement procedures.
$36.57
Date
Scott Vinson, Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ

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DIVISION OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT
Violator: City of Raleigh
Facility Name: Raleigh Collection System
Permit Number: WOCS00002 Incident number: 202102157
County: Wake
Case Number: DV-2022-0033
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 5,220 gallons of wastewater spilled into an Unnamed Tributary to Mine Creek, a class C; NSW in the Neuse
River Basin due to undermined ground support / stream bank erosion that caused a section of 8-inch VCP to collapse.
Estimated fish kill: 4. Nutrients and pathogens to surface waters. Water quality standard violations.
2) The duration and gravity of the violation;
The SSO started 11.12.2021 at approximately 11:09 AM and ended the same day at 3:20 PM. Nutrients and pathogens o
surface waters. Water quality standard violations.
3) The effect on ground or surface water quantity or quality or on air quality;
Nutrients and pathogens to surface waters. Water quality standard violations.
4) The cost of rectifying the damage;
The cost of rectifying the damage is $15,622.28.
5) The amount of money saved by noncompliance;
Kione,
The approximate costs to treat 5,220 gallons of sewage is $7.83.
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 10 enforcement cases within the past 12 months.
8) The cost to the State of the enforcement procedures.
$36.57
Date
Scott Vinson, Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ

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Water Resources
ENVlAONMEk7AL OUAutr
June 6, 2017
Mr. Matthew P. Vessie, Sewer Maintenance Superintendent
City of Raleigh
PO Box 590
Raleigh, NC 27602-0590
Subject: Permit No. WQCSO0O02
City of Raleigh
Raleigh Collection System
Wake County
Dear Mr. Vessie:
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. JAY ZIMMERMAN
Director
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In accordance with your application received May 19, 2015 and Settlement Agreement (16 EHR 00538 and
16EHR 00843), we are forwarding herewith Permit No. WQCS0O002, dated June 6, 2017, to the City of Raleigh
for the operation and maintenance of the subject wastewater collection system.
This permit shall be effective from June 6, 2017 until January 31, 2024 and shalt be subject to the conditions
and limitations specified herein. It is your responsibility to thoroughly review this permit. Please pay particular
attention to the monitoring and reporting requirements in this permit and any special conditions.
For purposes of permitting, the collection system is considered to be any existing or newly installed system
extension up to the wastewater treatment facility property or point of connection with a separately owned
sewer system. The collection system is considered all gravity lines, pump stations, force mains, low pressure
sewer systems, STEP systems, vacuum systems, etc. and associated piping, valves and appurtenances that
help to collect, manage and transport wastewater to a wastewater treatment plant under the Permittee's
ownership or maintained and operated by the Permittee through a perpetual legal agreement. Satellite
systems are systems tributary to the Permittee's collection system but those collection systems are not owned
or maintained by the Permittee. The system description provided on Page 1 of this permit is meant to provide
a general ldea 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 0verilow (550). The
evaluation of enforcement options after an 550 will be determined considering ail relevant information
available or requested of the Permittee. Compliance with ail conditions of the permit as well as all statutes
and regulations pertaining to the wastewater collection system must be maintained or appropriate
enforcement actions may be taken as noted in Condition VI(2).
Stale orNanh Carolina j Environmental Quality
1617 Mail Service Carta I Raleigh. North Carolina 27699.1617
919.707.900D

Raleigh Collection System
June 6, 2017
A reportable SSO is an SSO greater than 1,000 gallons to the ground or an SSO of any amount that reaches
surface water (including through ditches, storm drains, etc.). Reporting requirements including the required
verbal report and written report to the appropriate regional office are referenced in Condition IV(2). Form
CS-SSO can be downloaded from the SSO Reporting area at: htto://oortal.ncdenr.ors/web/wa/swn/os/cs/sso
A notice of deficiency (NOD), notice of violation (NOV), civil penalty, and/or a moratorium on the addition of
waste to the system may be issued if adequate justification for an SSO Is NOT submitted to the regional office.
In order to submit a claim for justification of an SSO, you must use Part II of form CS-SSO with additional
documentation as necessary. DWR staff will review the justification claim and determine if enforcement
action is appropriate. Please be advised that the information needed to Justify a spill is very comprehensive.
If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to
request an adjudicatory hearing upon written request within thirty days following the receipt of this permit.
This request must be in the form of a written petition, conforming to Chapter 1509 of the North Carolina
General Statutes, and filed with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC
27699-6714. Unless such demands are made, this permit shall be final and binding.
If you have questions regarding compliance, contact the appropriate regional office. If you need additional
Information concerning this permit, please contact Steve Lewis at [phone].
Sincerely,
for S. Jay Zimmerman, P.G.
Director, Division of Water Resources
by Deborah Gore, Supervisor
Pretreatment, Emergency Response, Collection System Unit (PERCS)
enclosure: Permit No. WQCS00002
cc: Raleigh Regional Office, Water Quality Regional Operations
Water Resources Central Files — WQCS00002
Maureen Kinney, NC Operators Certification Program (electronic)
PERCS Files (electronic)

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Total Balance Due : $10,332.33
Sum Of Total Paid:$51,061.78
Total Enforcement Cost $1,374.11
Total Penalty Amount: $64,050
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Total Cases:
Total Penalties After Remissions : $61,394.11
Sum of Total Case Penalties: $65,424.11

Permit Enforcement History Details by Owner
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ROY COOPER
Gramor
EUZABETH S` BISER
iterwarr
S. DANIEL SMITH
Certified [Nail E7020 3160 DODO 4115 6633,
RSIUMBEWRIZINUNtag
Robert Massenglll, Director of Public Utilities
aty of Raleigh
PO Box 590
Raleigh, NC 27602-0590
NORTH `QEnvtrvouegnSal uality
January 18, 2022
SUBJECT: NOTICE OF VIOLATION fit INTENT TO ISSUE CIVIL PENALTY
Tradcing No.: NOV-2021-DV-0506
Sanitary Sewer Overflows - November 2021
Collection System Permit No. WQCS00002
Raleigh Collection System
Wake County
Dear Mr. Massengill:
A review has been conducted of the self -reported Sanitary Sewer Overflows (SSO's) 5-Day Reportjs submitted by
aty of Raleigh. The Division's Raleigh Regional Office condudes that the City of Raleigh violated Permit Condition I
(2) of Permit No. WQCS00002 by failing to effectively manage, maintain, and operate their collection system so
that there is no SSO (Sanitary Sewer Overflow) to the land or surface waters and the SSO constituted making an
outlet to waters of the State for purposes of G.S. 143-215.1(a)(1), for which a permit is required by G.S.
143-215.1.
The Raleigh Regional Office is providing the City of Raleigh an opportunity to provide evidence and justification as
to why the City of Raleigh should not be assessed a civil penalty for the violation(s) that are summarized below:
Total Vol
Total Surface
Inddent Start Duration Vol Water
Number Date (Mins) Location Cause (Gals) (Gals) DWR Action
202102157 11/12/2021 251 7104 Bellweather Ct. S Pipe Failure (Break) 5,157 5,220 Notice of Violation —
Notice of Intent
202102158 11/12/2021 141 1025 Schaub Dr. Debris in line 2,880 2,880 Notice of Violation —
Notloe of Intent
202102126 11/03/2021 023 624 Edmund St. Pipe Failure 5 5 Notice of Deflaiency
reertKaroanseeterteerraarWsrawatentelqadip oe.raalWater Inewors
WOOIleM-miornor MOO Banff Dare tWph.wmanelln.AIM

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 ad 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 thus Notice, in wilting, 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 dedsions 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 noncompliance, the cost of
rectifying the damage, whether the spill was intentional and whether money was saved by non-compliance.
If you have any questions, please do not hesitate to contact Mitchell Hayes with the Water Quality Section in
the Raleigh Regional Office at 919-791-4200 or via email at [e-mail].
Sincerely,
Dowselewd by:
Lvaum ssa e. Atatuti,
1br�,'Weglonat Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ
Cc: Raleigh Regional Office - WQS File
Laserfiche
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1. Article AdMroesed to:
ROBERT MASSENGILL, DIRECTOR
PUBLIC UTILITIES; CITY OF RALEIGH
PO BOX S90
RALEIGH, NC 27602-0590
NOV-2021.DV-0506 / NOV - INTENT TO ASSESS /20220119
RALEIGH COLLECTION SYSTEM / WQCS00002 / WAKE
REC: 7020 3160 0000 4115 6631/ M 01/16/2022
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ROBERT MASSENGILL, DIRECTOR
PUBLIC UT1UTIES; CITY OF RALEIGH
PO BOX 590
RALEIGH, NC27502-0590
NOW2021-DV-0506 / NOV - INTENT TO ASSESS / 20220119
RALEIGH COU.ECTION SYSTEM / W0000002 / WAKE
REC: 7020 3160 0000 4115 6631/ M o1/1a/2022
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Permit No. G-10 4
• Sender Please print your name, address, end ZIP+4t in this box
WATER QUALITY REGIONAL
OPERATIONS SECTION
NC-DEQ RALEIGH REGIONAL OFFICE
3800 BARRETT DRIVE
RALEIGH, NC 27609
11111..141111111.11t19111t1.111tI1.III1,tltllivitl.lttl, i1,t11

MAILED
ROY COOPER
EUZABETH&BMA
gitartaly
S.DANE.SPAeTH
garlIfled Mall 8r 702S 3160 0 4115 len
Robert Massengill, Director of Public Utilities
atyofRaleigh
PO Box 590
Raleigh, NC 27602-0590
NORTH CAROUNA
itioRoarimitg *baby
January 18, 2022
SUBJECT: NOTICE OF VIOLATION EL INTENT TO ISSUE CIVIL PENALTY
Trading No.: NOV-2021-DV-0501
Sanitary Sewer Overflows - November 2021
Collection System Permit No. WQC500002
Raleigh Collection System
Wake County
Dear Mr. Massengill:
A review has been conducted of the self -reported Sanitary Sewer Overflows (SSO's) 5-Day Reporr/s submitted by
City of Raleigh. The Division's Raleigh Regional Office condudes that the City of Raleigh violated Permit Condition I
(2) of Permit No. WQCS00002 by failing to effectively manage, maintain, and operate their collection system so
that there is no SSO (Sanitary Sewer Overflow) to the land or surface waters and the SSO constituted meidng an
outlet to waters of the State for purposes of G.S. 143-215.1(aX1), for which a permit is required by G.S.
143-215.1.
The Raleigh Regional Office is providing the City of Raleigh an opportunity to provide evidence and jon as
to why the City of Raleigh should not be assessed a civil penalty for the violailon(s) that are summarized below:
fatal Vol
Total Surface
Inddent Start Duration Val Water
Number Data (owns) Location chose (Gala) (Gals) DWRAatlon
202102157 11/12/2021 251 7104 Bellweathey Ct S Pipe Fa8we (Break) 5,157 5,220 NoticeNof
Intent n —
202102158 11/12/2021 141 1025 Schaub Dr. Debris in line 2,880 2,880 NNotice otice ooff Violation —
202142126 11/03/2021 023 624 Edmund St. Pipe Failure 5 5 Notice of Deftdency
W.kpsOgrlwrtd(wMnsrW, OhrinAYllh.N/Yn
biolihilOw41011re 310011oriatin lieliketinhavelasZA01
910111A100

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Raleigh Water
February 7th , 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
Re: Response to NOV-2021-DV-0506
Sanitary Sewer Overflows — November 2021
Permit No. WQCS00002
Dear Mr. Vinson:
NCDept afEnv entatQuality
142.2sor-
FEB 08 len
Raleigh Regional Mee
Please allow this letter to serve as a response to the Notice of Violation & Intent to Issue Civil Penalty
document (NOV-2021-DV-0506) received on January 24t1, 2022. This document contains the narrative regarding
a pending violation actions of (3) Sanitary Sewer Overflow (SSO) events, which occurred during the month of
December 2021 within the City of Raleigh Collections System Ill. This document also provides exhibits as proof of
our efforts to mitigate each of the sewer events. The noticed event occurred while the City operated its
collection system, according to WQCS00002, dated June 6th, 2017. The permit includes the language outlined in
footnote 1 and applies to the SSOs upon which NOVs with the notice of intent (NOV-NOI) were based. This
document will establish a reasonable explanation of the actions taken to stop the spills; contain the released
wastewater; collect the wastewater and reintroduce it to the collection system; and finally, restoring the
possible environmental impacts brought by the release of the SSO event, listed with the intended NOV-N01
action. Please find below, the additional information requested for the SSO event.
1. Me Director may take enforcement action against the Permittee for SSOs that must be reported to the Division as stipulated In Condition IV92). This Includes SSOs that were
caused by severe natural conditions or exceptional events unless the Permlttee demonstrates through properly signed, contemporaneous operating logs, or other relevant
evidence that
Ia.) The SSO was caused by severe natural conditions; there were no feasible alternatives to the SSO, such as the use of auxiliary treatment facilities, retention of untreated
wastewater, reduction of inflow and infiltration, use of adequate back-up equipment, or an Increase In the capacity of the system. This provision Is not satisfied if, In the
exercise of reasonable engineering judgment, the Permittee should have installed auxiliary or additional collections system components, wastewater retention or treatment
facilities, adequate back-up equipment or should have reduced Inflow and infiltration; or
Ib.) The SSO was exceptional, unintentional, temporary and caused by factors beyond the reasonable control of the Permlttee; the SSO could not have been prevented by
the exercise of reasonable control, such as proper management, operation, and maintenance; adequate treatment or collection facilities or components (e.g., adequately
enlarging treatment of collection facilities to accommodate growth or adequately controlling and preventing infiltration and Inflow); preventative maintenance; or
Installation of adequate back-up equipment,;'
1

Incident Number # 202102157—11/12/2021— 7104 Bellweather Ct. S., Raleigh, NC
This spill was neither willful nor intentional; it resulted from an undermined ground support / stream
bank erosion, that caused a section of 8-inch vitrified clay sewer gravity main to collapse (see exhibit 1-- Failed
Collapsed Pipe). Based on an open channel estimation, hydraulic modeling, and the amount of flow recovered
from a downstream containment and collection site, it was determined that the approximate volume of the spill
was 5,220 gallons. The wastewater reached approximately 2,724.90 ft. downstream of the affected asset
through an unnamed tributary of Mine Creek.
On 11/12/2021 at approximately 11:09 AM, Utility Operators identified a collapsed sewer gravity main near the
stream bank of an unnamed tributary, approximately 50 ft upstream of sewer manhole SM11139062 (see exhibit
2 — Area of Operation). The responding staff took all reasonable steps to stop and mitigate the impact of the
damage as soon as they arrived. Utility Responders placed a sewer plug in the main establishing a sewer by-pass
restoring the sewer flow at approximately 03:20 PM on the same day leading into the subsequent repair.
To correct the affected asset, Raleigh Water Repair crews restored the stream bank and replaced the damaged
section of vitrified clay pipe with 40 ft of ductile iron pipe (see exhibit 3 — Repaired Sewer Main).
Containment and collection of this spill event consisted of employing two temporary spill containment sites, one
located near the collapsed pipe and the final containment site at approximately 2,724.90 ft. downstream of the
affected area (see exhibit 2 —Area of Operation). This approach was intended to contain wastewater flow and
minimize the environmental impact onto the surrounding surface waters of the state. Responding crews
employed a pump at the temporary containment site to recover wastewater and any evidence of wastewater
completing the operation by re -introducing the wastewater into the collection system.
During the restoration phase of the operation, crews utilized ample potable water to flush and remove
wastewater debris from the affected area, including the affected sewer main and the creek. This spill was
contained without a significant environmental impact on the adjacent area and its natural resources. Visual
inspection of the affected area and downstream waters confirmed no fish kill or unnecessary vegetative
damage.
The cost associated with the mitigation of this event amounted to $15,622.28. The approximate cost to the
Utility to have treated 5,220 gallons of wastewater would have been approximately $7.83. The City saved no
money from this spill. Its costs for cleanup exceeded the cost of treating the volume of sewage had no spill
occurred. Furthermore, the City still had to pay the cost to treat the greater volume of sewage created by the
spill.
This portion of the sanitary sewer collection system serves a residential area west of Falls of the Neuse Rd.
Portions of this sewer collection system have been assessed as follows:
Flushing activities
1. 3/17/2014 - 7200 Bellweather Ct
2. 3/26/2015 - 7100 Bellweather Ct
3. 12/1/2011- 6805 Justice Dr
4. 4/19/2012 - 7100 Leveret circle
5. 3/14/2014 - 7100 Leveret Cir
CCTV Activities
9/28/2021
Repair Activities
11/17/2021
11/28/2018
11/15/2021
Inspections
1/16/2018 8/17/2020
4/30/2018 10/1/2020
10/10/2018 4/26/2021
3/11/2019 4/7/2021
4/1/2019 8/30/2021
4/1/2019 11/15/2021
8/7/2019 11/15/2021
1/16/2020 12/15/2020
1/14/2020 12/15/2020
4/21/2020 1/16/2020
2

A press release notification associated with this event was published in the Raleigh News & Observer on
11/13/2021(Exhibit 4 — Press release). Since the event, no other issues have occurred with this portion of the
collection system.
Exhibit 1- Partial Collapse
3

Exhibit 2 Area of Operation
w
4

aritat 4— Press Release
NEWS RELEASE
;'c}r.it_it ;CArIONS I)1=i7AH r!,1 :N 1
hbverilb r 13, 7021
J'or nor ir�lcwIIL;iIpl I�:
J Lynch. IlStiiti[rpru Uvr, cuw, tli.IIrMFIFVea[(r_
Raleigh Water Responds to a Sanitary Sewer Spill
On Friday, November 12th, at approximately 11:09 AM. Raleigh Water staff were
notified of a sanitary sewer overflow in the vicinity of 7104 Bellweather Ct S., Raleigh.
Upon arrival, Utility Responders Identified an active sewer overflow resulting from a
collapsed seek bank which undermined a section of an 8-Inch vitrified clay sewer
gravity main. The responding staff took all reasonable steps to stop and mitigate the
overflow's impact as soon as they arrived. The North Cardin Depadment of
Environmental Ouality. Division of Water Resources has been notified of the overflow.
Raleigh Water staff established a sewer bypass. stopping the sewer from spilling
into an adjacent Creek and reestablishing sewer $low Into the collection system. Ubl[ty
Responders contained the overflow at approximately 3:20 PM on the same day. It Is
estimated that the overflow discharged a volume of approximately 5,020 gallons of
untreated wastewater, reaching an unnamed tributary in Mine Creek Raleigh.
Restoration for this event Is ongoing.
• Raleigh Water has an aggressive education and enforcement program to
prevent the discharge of grease, debris, wipes, rags, diapers and other
Improper materials In the sewer system and to take enforcement action
where appropriate. If these items make It into the sewer system, they may
cause a spill whkh can have an adverse Impact on water quality and
endanger those who come into contact with the affected areas.
• Water, human waste, and toilet tissue are the only items permteted to be
discharged into the sewer system. All other Items will cause damage to the
sewer system and are not permitted.
• If you experience excessive sewer smells or see sewer spilling from
manholes or pipes, please call 919-996.3245 to report immediately.
• For more information about how you can help prevent sanitary sewer spills,
please visit: rateighnc.govlwater.
This news release is required by NCGS ANde 21. Chapter 143.215.1C.
5

Incident Number # 202102158 —11/12/2021-1025 Schaub Dr., Raleigh NC
This spill was neither willful nor intentional; it resulted from road construction activity in which large
rocks (see exhibit 1- Construction Debris Found in Manhole) caused a blockage in a portion of a 12- inch cast
iron gravity sewer main. The blockage led to a sewer spill of approximately 2,880 gallons, reaching surfaces
water of Bushy Creek within Bushy Basin.
On 11/12/2021, at approximately 3:09 PM, Raleigh Water staff were notified of a manhole spilling over.
Utility responders were immediately summoned to respond and mitigate the spill. The responding staff took all
reasonable steps to stop and mitigate the impact of the discharge as soon as they arrived, gaining control of the
spill event by 5:30 PM on the same day. Utility Responder utilized hydraulic jetting and manual debris removal
tools to rid the source of the blockage within the affecting asset, thus restoring sewer flow.
Containment and collection of this spill event consisted of employing a temporary spill containment site
downstream of the affected area. This approach was intended to contain sewer flow and minimize the
environmental impact on the surrounding land. Responding crews initiated the collection of untreated
wastewaters from the containment site to re -introduced it to the collection system downstream. This spill was
contained without a significant environmental impact on the adjacent area and its natural resources.
During the restoration phase of the operation, crews utilized several thousand gallons of potable water to
assist in washing the creek and remove all evidence of sewer downstream of the affected area. The area around
the manhole was cleared of debris, treated with an application of lime, and restored with grass seed and straw.
Visual inspection of the affected area and downstream waters confirmed no fish kill or unnecessary vegetative
damage occurred.
The cost associated with the mitigation of this event amounted to $13,551.60. The approximate cost to
the Utility to have treated 2,880 gallons of wastewater would have been approximately $4.32. The City saved no
money from this spill. The costs for cleanup exceeded the cost of treating the volume of sewage had no spill
occurred. Furthermore, the City still had to pay the cost to treat the greater volume of sewage created by the
spill and the cost of potable water used to mitigate the event.
A follow-up investigation determined that a 6 ft. diameter concrete manhole -top had been removed
during the course of road construction pushing vast amount of sediment, rocks and construction debris into the
sewer gravity main below (see exhibit 2 — Construction Debris). It was the debris accumulation that caused
wastewater flow to be disrupted.
This location remains an active construction site with restricted access to complete further CCTV
assessment. Visual assortment indicates that the sewer gravity mains continue to flow as designed.
Furthermore, the assets associated with this portion of the collection system have been added to the Hot Spot
Management Program and has been identified for recurrent assessment every 30 days. No further issues have
occurred since this SSO event.
6

Exhibit 1— Construction Debris Found In Manhole
Exhibit 2 — Construction Debris
7

Incident Number 4 202102126--11/03/2021— 624 Edmund St., Raleigh, NC
This spill was neither willful nor intentional; it resulted a damaged section of 6-inch vitrified clay sewer
gravity main (see exhibit 1— Damaged Pipe). This damaged pipe was identified through a CCTV assessment
which confirmed that untreated wastewater was entering into a stomwater pipe. Based on flow volume,
duration and distance traveled along a stormwater conveyance, it was determined that the approximate volume
of the spill reaching surface waters of Cemetery Branch was 5 gallons.
On 11/03/2021 at approximately 1:48 PM, Utility Operators were conducting a sewer point repair to a damaged
6-inch vitrified clay sewer gravity main. During the course of the repair operation portions of the storm water
channel were being cleaned with potable water to remove any traces of untreated wastewater. As a result of
the cleaning and restoration effort untreated wastewater reached Cemetery Branch. This incident occurred as
there was no containment site established prior to commencing the cleaning of the stormwater pipe
downstream. Upon identification of the issue, crews immediately established a containment point preventing
further wastewater to reach to creek. Remaining untreated wastewater was removed from the stormwater pipe
utilizing a vacuum truck.
During the restoration phase of the operation, crews utilized ample potable water to flush and remove
wastewater debris from the affected area, including the affected stormwater pipe and the creek. This spill was
contained without a significant environmental impact on the adjacent area and its natural resources. Visual
inspection of the affected area and downstream waters confirmed no fish kill or unnecessary vegetative
damage.
This was an isolated event resulting from an operational oversight. As a result of this event all responding crews
were counseled and retrain in sanitary sewer overflow mitigation (SSO) procedures. Crews were reminded of
the SSO mitigation protocols: Stop, Contain, Collect and Restore. These protocols ensure that every spill is to be
mitigated in a methodical process ensuring an adequate containment and collection site has been established
prior to commence flushing the affected area downstream. This effort assists in minimizing wastewater flow to
surrounding surface waters of the state.
The cost associated with the mitigation of this event amounted to $2,038.13. The approximate cost to the
Utility to have treated 5 gallons of wastewater would have been a fraction of a cent (approximately $.0075) The
City saved no money from this spill. its costs for cleanup exceeded the cost of treating the volume of sewage had
no spill occurred. Furthermore, the City still had to pay the cost to treat the greater volume of sewage created
by the This event was mitigated with no further adverse action.
8

Summary
The Sewer Maintenance Division of Raleigh Water strives to develop initiatives that improve operational
reliability to meet customer expectations and meet or exceed the Water Quality Collection System permit
requirements. Our operations are focused on continual improvement, the prevention of pollution, and increased
environmental performance efficiency. This endeavor is significantly noted as the Division operates an ISO
Certified Environmental Management System governed by the 14001-2015 Standards. As part of these
initiatives, the Division operates a comprehensive reactive and preventative maintenance program whose goal is
to maintain over 2,566 miles of sanitary sewer pipe and minimize the accidental release of untreated
wastewater.
Since July 2021 (Fiscal Year 2022), the Utility has maintained approximately 240.08 [1] miles of gravity sewer
mains by flushing with hydraulic jetting, conducting CCTV assessments, and performing repair operations,
easement maintenance, and inspections. The fiscal year-to-date cost of these operations amounts to
$ 2,185,622.02 [2], approximately 16% of the Division's annual operating budget. The 8,105 gallons of untreated
wastewater spill identified in this letter cost the Utility approximately $31,212.01. to mitigate. The City's cost of
sewer treatment per gallon is $.0015 [3]. At this rate, it would have cost the City $12.15 to treat the entire
volume of sewer spilled. The City saved no money from these spills. The costs of mitigation well exceeded the
cost of treating the volume of sewage had no spill occurred. Furthermore, the City still had to pay the cost to
treat the greater sewage volume created by these spills. This fiscal comparison shows the City's commitment to
environmental protection, sparing no cost regardless of the spill event's severity and complexity. The City
continues to demonstrate due diligence in environmental performance by allocating the necessary resources to
a spill event irrespective of the associated cost. This effort is noted in the City's low SSO performance rate of
1.49 total SSO rate [4] per 100 miles of pipe, compared to the Southeastern Region of the US, of 7.0 spills per
100 miles of line.
11) 240.08 miles represents 9% of the sanitary sewer collection system
121 Associated operational cost year to date for FY2022
OPERATION LINEAR FEET linear Mlles COST
CCTV 92,615.01 55.42 $ 376,624.20
Flushing 70,286.27 183.77 $ 278,301.49
Repair 4,680.00 0.89 $ 1,530,696.33
Total - 1,267,581 Ft Total cost of Business to Date
240.08 MILES $ 2,185,622.02
131$.0015Is based on the annual water treatment operating cost compounded by the total treated effluent.
(4] FY21 total miles dean were 428.40 MILES at a cost of 3,581,811.42
Additionally, the City of Raleigh Assistant Public Utility Directors and Collections System staff has become
involved in challenging the nonwoven fabrics industry standards to better inform consumers of these products
and their detrimental effects on the collections systems. PUD staff has personally met with officers of INDA, the
leading association of the nonwoven fabrics industry based in Cary, NC, to communicate our concerns about
these fabrics, the current industry standards, and better education for the consumer. PUD has also joined forces
with other utilities nationwide through the National Association of Clean Waters Agencies (NACWA), the Water
Environment Foundation (WEF), and the American Public Works Association (APWA) to challenge INDA and
current industry standards, recognizing that they do not support compatibility in sanitary sewer collections
9

systems nationally. These agencies work collectively to challenge the testing protocols, assessment guidelines,
and consumer education and labeling of these non -dispersible.
Raleigh Water has an aggressive educational outreach initiative to address illicit discharges such as wipes, fats,
oil, and grease to commercial and residential users. Raleigh Water has developed a complimentary property
managers resource kit that provides best practice resources for establishing a property -specific awareness
program. Each kit contains brochures and complimentary gadgets to help residents manage grease and fat
collection and disposal. The resource kit also features a multimedia flash drive with videos and reproducible
educational material that property managers can use to educate tenants to reduce the risk of sewer backups
caused by the introduction of solids through their residential piping. Each kit costs Raleigh water approximately
$85.00 to produce and is provided free of charge to the property management. Raleigh Water is continuously
developing initiatives to increase residential and commercial customer partnerships to address grease
accumulation and prevent illicit discharges. The educational material and videos can be accessed through social
media and the Raleigh Water website httvs:ffraleiahnc.govfsewer-maintenance
The City continues its monetary reward program or bounty program, which pays out fifty ($50) dollars to any
citizen that observes and reports an SSO or conditions that may cause a spill event. This program has been
advertised via printed material, a television advertisement campaign, and graphic design "wraps" on Sewer
Maintenance vehicles. These graphics on our vehicles function as mobile billboards spreading our message of
prevention and offering contact information throughout the service area each day. This program was developed
hoping that citizens and customers would become more aware of the signs of an emerging system problem
causing the SSO occurrence and become proactive in helping the City prevent these occurrences. Additionally,
all customers are notified via their water and sewer utility bills not to discharge improper materials into the
sanitary sewer mains. The City also circulates information regarding the discharge of grease into the sewer
system and the effects of such deposits. Whenever possible, and upon investigating the root cause of a spill
event, PUD Code Enforcement officers develop and send registered informational letters about the spill event to
the customer base serviced by the line where the SSO has occurred. This is done to educate our customers on
the proper use of sanitary sewers to prevent the disposal of non-flushable items and items harmful to the
continuous operation of the collections system.
On behalf of the City of Raleigh, I am requesting that the NOV-2021-NOI-0506 issued for the month of
November 2021 be fairly reviewed, considering the steps the Department has taken to protect the environment
and meet or exceed the requirements of the Collections System Permit. If additional information is required,
please contact Matthew Vessie, Sewer Maintenance Superintendent [phone] or Carlos M. Perez, ORC
sistance Superintendent 919-996-5929.
cerely,
Carlos M Perez, ORC
Assistance Superintendent, Sewer Maintenance Division
City of Raleigh, Public Utilities Department
P.O. Box 590
Raleigh, NC 27602-0590
919-996-5929 office
919-278-6020 cell
Carlos.oerezcamachotaraleiehnc.Gov
10

ROY COOPER
Goerertor
ELIZABETH S. BISER
Sammy
S. DANIEL SMITH
DINNor
CertllIed Mall # 7020 3160 0000 4115 66
Man Receipt Requested
Robert Massengill, Director of Public Utilities
City of Raleigh
PO Box 590
Raleigh, NC 27602-0590
NORTH CAROLINA
nEn, mentaiQuad*'
January 18, 2022
rEOdIE
2022
By
I
t-.
NCDept ofEnvironmental Quality
SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY
Tracking No.: NOV 2021-DV-0506
Sanitary Sewer Overflows - November 2021
Collection System Permit No. WQCS00002
Raleigh Collection System
Wake County
Dear Mr. Massengill:
FEB 0 8 2023
BakistRagkeral Moe
A review has been conducted of the self -reported Sanitary Sewer Overflows (SSO's) 5-Day Reports submitted by
City of Raleigh. The Division's Raleigh Regional Office concludes that the City of Raleigh violated Permit Condition I
(2) of Permit No. WQCS00002 by falling to effectively manage, maintain, and operate their collection system so
that there Is no SSO (Sanitary Sewer Overflow) to the land or surface waters and the SSO constituted making an
outlet to waters of the State for purposes of G.S. 143-215.1(a)(1), for which a permit Is required by G.S.
143-215.1.
The Raleigh Regional Office is providing the City of Raleigh an opportunity to provide evidence and justification as
to why the aty of Raleigh should not be assessed a coil penalty for the violation(s) that are summarized below:
Total Vol
Total Surface
Incident Start Duration Vol Water
Number Date (Mins) Location Cause (Gals) (Gala) DWR Action
202102157 11/12/2021 251 7104 Beliweather a 5 Pipe Failure (Break) 5,157 5,220 Notice of oblation —
Notice of Intent
202102158 11/12/2021 141 1025 Schaub Dr. Debris in line
2,880 2,880 Notice of Violation —
Notice of Intent '
•
202102126 11/03/2021 023 624 Edmund St Pipe Failure 5 5 Notice of Deficiency
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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 falls 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 dedslons will also be based on volume spilled, volume reaching surface
waters, duration and gravity, impacts to public health, fish kills or recreational area closures. Other factors
considered in determining the amount of the dull penalty are the violator's history of non-compliance, the cost of
rectifying the damage, whether the spill was intentional and whether money was saved by non-compliance.
If you have any questions, please do not hesitate to contact Mitchell Hayes with the Water Quality Section in
the Raleigh Regional Office at 919-791-4200 or via email at [e-mail].
Sincerely,
N
o:Maid by:
t.AtuAd,
torS000ln� F_
, �egbnal Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ
Cc: Raleigh Regional Office - WQS File
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