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HomeMy WebLinkAboutWQCSD0185_DV-2022-0035 enforcement file_20220505DIVISION OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT Violator: Aqua North Carolina Inc. Facility Name: Neuse River Village Collection System Permit Number: WQCSD0185 County: Wake Case Number: DV-2022-0035 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 35,000 gallons of sewage surcharged from a manhole due to a blockage in the line from grease. None of the 35,000 gallons reached surface waters. Discharge to the land without a permit. 2) The duration and gravity of the violation; The SSO started 12.10.2021 at 4:00 PM and ended 12.13.2021 at 1:30 PM (69:30). 35,000 gallons of sewage to the ground. 3) The effect on ground or surface water quantity or quality or on air quality; Nutrients and pathogens to the ground. Co." Cc. �yL gw54-•0„a( ( V 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 not 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 zero enforcements against the violator within the past 12 months. 8) The cost to the State of the enforcement procedures. $36.57 Date Scott Vinson, Regional Supervisor Water Quality Regional Operations Section Raleigh Regional Office Division of Water Resources, NCDEQ ▪ M 'L • 7 1 • �■ ■ • - , • r 'XF)■ .1. • • .4. • 1■i• ••• • • . . , -.F i i - , I i „ - �■ •%■ 7 �� els i- 4 •d 1 Lax 1 I 1 14: - 101_12 IF oli. ti` 4� i •■ • • ■ I il • 16 1 ■ • ••• • • • ET Am • • • • :Ill • • • 'PELL% • c-lor 1.; • ;•11.111. • • � 1 .• • • • ■1-• • • • • • • ■ ` ■ • ■ • • • • '■ • 76it 1 ■ti ■ ti' • 4 j• • • • • • ▪ mmi • 1 • Find Permit Reviewers ' Related Permits ' Comments History Inspections Incidents Enforcemenls ` Violations Details 1 Details 2 Permit IWQCSD0185 ClassiDesig. Events Reg, Adlvilles Version: [1.0 Status: Permit Type: Deemed permitted collection system management and operation Permit Classification: llndividual Program Category: Facility: Non -discharge Neuse River Village Collection System 'Active Primary Related Permit �LDetails Owner, Aqua North Carolina Inc — Dates — Issued: Effective: Expire: SOC: Last Updated By: r310112000 0310112000 Orig Issued 0310112000 Statutory [ 3012000 Inactive: Details... barry.herzberg Details,.. Adman Region: Raleigh County: lake Projed Type: New Project ❑ Major Permit ❑ Has Subsurface Drains 0 New Farm 0 Existing Farm Farm ❑ Innovative Avail. Acre ❑ Rainbreaker Device ❑ OIC Present Last Updated On: 1121712006 1:19 Pl4 <Back Next > Finish ■i i11 ROY COOPER Governor ELIZABETH S. BISER Secretary RICHARD E. ROGERS, JR. Director Certified Mail # 7020 3160 0000 4109 5787 Return Receipt Requested Shannon V Becker, President Aqua North Carolina Inc. 202 Mackenan Dr. Cary, NC 27511-6447 NORTH CAROLINA Environmental Quality May 05, 2022 SUBJECT: Notice of Violation and Assessment of Civil Penalty for Violations of North Carolina General Statute (G.S.) 143-215.1(a)(6) and Collection System Permit No. WQCSD0185 Aqua North Carolina Inc. Neuse River Village Collection System Case No. DV-2022-0035 Wake County Dear Mr. Becker: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $786.57 ($750.00 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. WQCSD0185 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. WQCSD0185 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 Qu&lty I Division of Water Resources RaklphRegional Office 1 MOO Barren Drive I Raleigh North Carolina 27609 919.79U200 W. 1 ■ ■ ■ ■ ■ ■ Or• I I I 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.: $750.00 For I of the 1 violations of Collection System Permit No. WQCSD0185 and G.S. 143-215.1(a)(1) for Sanitary Sewer Overflow(s) resulting in a discharge without a valid permit. $750.00 TOTAL CIVIL PENALTY $36.57 Enforcement Costs $786.57 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) (2) (3) (4) (5) (6) (7) (8) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation; The duration and gravity of the violation; The effect on ground or surface water quantity or quality or on air quality; The cost of rectifying the damage; The amount of money saved by noncompliance; Whether the violation was committed willfully or intentionally; The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and The cost to the State of the enforcement procedures. Within thirty (30) days of receipt of this notice, you must do one of the following: (1) 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 ■ ■ ■ . ■ ■ ; o ■ ...�=_. . • • L am' f �f ■ J. • • • . . e• • rt .. I■ I ••• tiI 1 II • 1 _ .1 =L1 . Y..'� r •• _ irmr,••36`1 11: �. • 1i1 • • t • •f El Or • 3 .. _ • • • :14111' !WEIL Uri r ri• • ••• ... _ • .. 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, y u 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) day, 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 . . 1 11 . . . 1 J. II Im III!. II 1 . v116 .. r • ni rr.r r P ' l' ;.;,..._ice.. .. • • • -- - • • . _ . _�..... 7 + A .• al! ' . • • .. %.,ir —h. • Z. ir frt ti. 47 •fart . a — . !I 1 I • , • .f. 0 a ''• ' '°' 'Al' .14 i . • s i I . . 1 . . 1 . +if L R 1 r ME ormil - � u ■ ■ ■ ■ r. .' . I. . • Wail" ✓ 1 . . 1 Ian. tF . .. 1 1 . 1. ' . a . 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 -0 ■ _ r I■ ■_■ ■ ■ M_ ME ME ■ II ■ I■ • ■ ■ • ■■ • A!. %Corr • • • .01:154- ■ • • ■ ■ • ■ _ ■ 1 ■ • • 7 • 1I!Iru# ■ I ■ _■■■ '._Lia■ ■ "-lid ■ _ • • • • • • • • • • • • ■ :..: • _■■ _■ 7 ■ ■ • • • • I TANI ■ ■ ■ • • • le • •rk- F . {P.rn r .r. • • • _ • 7 1 _ y ■� • .LE • • • • • * • I . 1■ • •• • • • mr• Eh ••=1 9411111111• irm •••• • •1 • • • • • • r JUSTIFICATION FOR REMISSION REQUEST Case Number: DV-2022-0035 Assessed Party: Aqua North Carolina Inc. Permit No.: WQCSDOI 85 County: Wake Amount Assessed: $786.57 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 (i.e., explain how payment of the civil penalty will prevent you from performing the activities necessary to achieve compliance). EXPLANATION: ■ I' -■ 1• II • 1 ■ II • ■ ■ - ■ ■ ■ ■ . r 46 ■ ■ I • ■ -• !' Q - • II ■ 1 ■ ■ ■ •I. • M ■ ■ 1• • 1 • • 1 F- 1• ■ - - ■ 1 • • • • - - • • 1 •• ■■ d IN • ■`■ ■ - • ■•7 1 r, ■ ■ cc . I ■ ■ ■ ■ ■ ■ i I. la • ■ .■ r • •t• ■ ■ 1 • • -■ • -• • • - • LI I .- • •u • - - • • 1 • • • • • ■ • • - - ■ i r - ■— ■ ■■ • - ■ ■ ■ ■ 1• . - I • • • • ti • ■ STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY COUNTY OF WAKE IN THE MATTER OF ASSESSMENT OF CIVIL PENALTIES AGAINST Aqua North Carolina Inc. Neuse River Village Collection System PERMIT NO. WQCSD0185 WAIVER OF RIGHT TO AN ADMINISTRATIVE HEARING AND STIPULATION OF FACTS CASE NO. DV-2022-0035 Having been assessed civil penalties totaling $786.57 for violation(s) as set forth in the assessment document of the Division of Water Resources dated May 05, 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 xa ■ 11■ ■ ■ ■ II • ■ - - ■ ■ M ■ ■ ■ ■ - • it - ■ •■■ • ■- ■■ ■ - - _■ ■r i i - •■ - ■ `� 7 . • . . ■ 1 • = • r ••. ..•illii. r �i• r ■■ c• • . . • )) • or - 1■ ■ ■ 1 ■ ■■■ 1;r - ■ 1 ATTACHMENT A Aqua North Carolina Inc. CASE NUMBER: DV-2022-0035 PERMIT NO: WQCSDO185 FACILITY: Neuse River Village Collection System Other Violations INCIDENT VIOLATION NUMBER DATE VIOLATION TYPE VIOLATION DESCRIPTION REGION: Raleigh COUNTY: Wake TOTAL VOLUME PENALTY (GALLONS) AMOUNT 202102261 12/10/2021 CSO/SSO(Sewer Overflow) Discharge without valid permit 35,000 $750.00 ■ 1 61; . . ■ ■ ■ ■ ■ ■ ■ . . ■ ■ ■ ■ III ■ ■ ■ ■ ■ ■ ✓ ■ ■ ■ ■ ■ ■ . ■ . 17.4 ■ . ■ • • • • �I • tir r AQUA 4Essenthi Uiilities Company February 10, 2022 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 River Village Collection System, Wake County Permit No. WQCSD0185 NOV-2022-DV-0021 Dear Mr. Vinson: yC Dope of 14, vfr i'tft onntent8l Quail kakiBft Region el Otto. Aqua North Carolina, Inc. (Aqua) offers the following response to the above -referenced Notice of Violation which was issued for a self -reported Sanitary Sewer Overflow (SSO) 5-Day report on December 10, 2021. Aaua's Response: Investigative efforts show an excessive amount of grease entering the collection system. Grease created a clog in the sewer main and caused ma caused to overflow. Aqua is putting this collection system on a biannual Jetting schedule instead of a yearly schedule while we investigate longer term solutions. The sewer main was last cleaned in March of 2021. The appropriate FOG educational notice is distributed to all customers in March and September of each year. If you have any questions or comments, please do not hesitate to contact me at (919) 653-6964. Sincerely, Ramat X-fruegez Area Manager cc: Joseph Pearce Amanda Berger Shannon Becker II u .1 1. ■ ✓ ■ ■ ti ■ 14 a }•1 ■ ■ ■ Ell.. ■ . •■ -■ ILA 1I' • ■ j.Tr , ■ ■i• ■ ■ It 1 I • • ■ ■ ■ •' i1 ■ ■ ■ - I, ■ ■ •-•• • • )11 • gl:••••• 1:1111' • Mi. • .1•111.111/411•9Pc •i • =.L. r• • 1 • ■ rfl• i ■a • 1 • • • • • • II • IV • ■=I 11- •• t. •-z41 { • • • • • • • 11 ■ • • r • ROY COOPER Gmrrn& E.IZABETH S. BJSER seartury S. DANIEL SMITH Director Clunfied Mall # 7020, Q 0000 43142122 Reim Recalat Raqu Shannon V Becker Aqua North Carolina Inc. 202 Mackenan Dr. Cary, NC 27511-6447 NORTH CAROUNA Enstronmeittaletanty January 24, 2022 SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY Tracking No.: NOV-2022-DV-0021 Sanitary Sewer Overflows - December 2021 Collection System Permit No. WQCSD0185 Neuse River Village Collection System Wake County Dear Mr. Becker: A review has been conducted of the self -reported Sanitary Sewer Overflows (SSO's) 5-Day Report/s 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. WQCSD0185 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 civil penalty for the violation(s) that are summarized below: Inddent Start Duration Number Date (Mins) Location Cause 202102261 12/10/2021 4,170 Near Misty River Drive Grease and Bubbling Brook Court, Raleigh Total Vol Total Surface Vol Water (Gals) (Gals) DWR Action 35,000 0 Notke of Violation - Nottice of Intent Nadi Caroline Doormen atrrodret nalqueryi =Monotwft« lottessoes Raklgh Pagbr.dOft, 1 moORar.n Drive 1 RAWLNorth Craft* 77609 11467111.4200 This Notice of Violation / Notice of Intent to Enforce (NOV/NOI) Is being issued for the noted violation. Pursuant to G.S. 143-215.6A, a cMI 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 dosures. Other factors considered in determining the amount of the civil penalty are the violator's history of non-compliance, the cost of rectifying the damage, whether the spill was intentional and whether money was saved by non-compliance. If you have any questions, please do not hesitate to contact Mitchell Hayes with the Water Quality Section in the Raleigh Regional Office at 919-791-4200 or via email at mitch.hayes@ncdenr.gov. Sincerely, lirtaat f..kez Scott Vinson, Regional Supervisor Water Quality Regional Operations Section Raleigh Regional Office Division of Water Resources, NCDEQ Cc: Raleigh Regional Office - WQS File Laserfiche Northcra nseepounnofteire rerergiiry I aAtlosarwrerliera.m lisleishlteglondOffiar 13eooeunteDO* :waj►Hertheoneurna `.;I_t.()t.I', comlr�.rrt7 LYC • Complete Items 1, Z and 9. A Print your name and address on the reverse so that we Gan return the nand to you. • Attach this card to the back of the mallpleoe, or on the *ant if tome pennite. 1. SHANNON V BECYKER, PRESIDENT AQUA NORTH CAROUNA, INC. 202 MACKENAN COURT CAR'..NC 27511-6447 NOV-2022-DV-0021 / NOV-INTENT TO ISSUE CP / 20220128 HENDERSON COLL SYS. / WQCS00185 / WAXE COUNTY REC: 7020 3160 0000 4115 6822 / en 01/24/2022 11111111111111111111immumue rrrrr! • .. f'1:t!;1 Q 0 a Q R. Article Number Mangler from m se=wee kbeD I 7020 3160 0000 4115 6822 S. Service type DeliveryAdult 01gmbes Called MN . Deemlae ReMleted MUM on Wow ResMotedDMrwy I.e rreeewtedy amaw Stsseeele d Return edbe eklttar Nerche d MenittriOcertmadonns 0 elonse ,eocnm„edlon Heeelobd DsItmy PS Fonn MB11, July 801s 76 rU ra co .d 1•� a- O C7 C3 C7 -n rq m RJ N Domestic Rotten Receipt U.S. Postal Service" - CERTIFIED MAUL'•' RECEIPT I.ic i:Fel Urrly rue i1CIrv1YV in!t} aim l . . .>1 Our menv. IrSf)S. C4}pj". O HC1A ' 'r"•,-'Fan4r3t.c•lbRadd Ise n QRewnRi SIptO •pY1 $ Item Rimmipt (diativnlo) 4 © Corned u.oRrwat daw.y $ GPM sp•w•. R.pid A DAMPSbnalni r,1! t.d0NWwy sire S Barth toora SHANNON V. BECKER, PRESIDENT AQUA NORTH CAROUNA, INC. 202 MACKENAN COURT CARY, NC 27511-6447 NOV-2022-DV-0021/ NOV-INTENT TO ISSUE CP/ 2022012E NEUSE RIVER VILLAGE CS / WQCS00185 / WAKE COUNTY REC: 7020 3160 0000 4115 6822 / Rr 01/24/2022 PS F 4111'6 Dn. 5vrt t 701:4 F . , ' . ic.r i 111 11 I RAce4o 0 See 114 v.': Se litr Irt Sltu[IiC4,1; 113 L 11 0 I 959 9402 3415 7227 6622 54 a e rs: Postage & Fees Paid LISPS Permit No. G-10 Sender: Please print your name, address, and ZIP+4• in eds box' NCDEQ DIVISION OF WATER QUALITY RALEIGH REGIONAL OFFICE 3800 BARRETT DRIVE RALEIGH, NC 27609 Iu{•tt,1,���1{��t�t{•�t�i'N�1>,�•I{1{ti{II{•t�l{����•l{��i��l����>r i • -1.11 ROY COOPER Oagmor ELIZABETH& BISER dummy 5. DANIEL METH Wrathy glad Mall # 7020 3160 0000 4115 6822 Shannon V Becker Aqua North Carolina Inc. 202 Madkenan Dr. Cary, NC 27511-6447 NORTH CAROLINA Sivitmeasidatenality January 24, 2022 SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY Traddn0 Na: NOV-2022-DV-0021 Sanitary Sewer Overflows - December 2021 Collection System Permit No. WQCSD0185 Neuse River Village Collection System Wake County Dear Mr. Becker A review has been conducted of the self -reported Sanitary Sewer Overflows (SSO's) 5-Day Report/s 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. WQCSD0185 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 GS. 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 Sort Duration Number Date (Mint) Location Total Vol Total Su fece Vol Water Cause (Gals) (Gan) DWR Action 202102261 12/10/2021 4,170 Near Misty River Drive Grease and Bubbling Court, Raley 35,000 0 Notice of Violation - Notice of Intent waiow.11r.na.n.R+.rarr.naffislo.lar 1 WOW ialiqhlinloral101fin moo..ren aw I italgslitagrocsiiiimmoto DWR DWlslon of Water Resources State of North Carolina Department of Environment and Natural Resources Division of Water Resources Collection System Sanitary Sewer Overflow Reporting Form Form CS-SSO PART is 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: WQCSD0185 (WQCS# if active, otherwise use WQCSD#) Facility: Neuse River Village Collection System Incident #: 202102261 Owner: Aqua North Carolina Inc City: County: Wake Region: Raleigh Source of SSO (check applicable): [l Sanitary Sewer Pump Station / Lift Station SPECIFIC location of the SSO (be consistent in description from past reports or documentation - i.e. Pump Station 6, Manhole at Westall & Bragg Street, etc): Near Misty River Drive and Bubbling Brook Court, Raleigh Manhole #: Latitude (Decimal Degrees): Longitude (Decimal Degrees): Incident Started Dt: 12/10/2021 Time: 4:00 pm Incident End Dt: 12/13/2021 Time: 01:30 pm (mm-dd-yyyy) (hh:mm AMIPM) (mm-dd-yyyy) (hh:mm AMIPM) Estimated Volume of the SSO: 35,000 gallons Estimated Duration (Round to nearest hour): 69:30 hours Describe how the volume was determined: estimated based on avg flow and duration Weather conditions during the SSO event: cold, dry Did SSO reach surface waters? ❑ Yes No Unknown Volume reaching surface waters (gals): 0 Surface water name: Did the SSO result in a fish kill? ❑ Yes [INo Unknown If Yes, what is the estimated number of fish killed? 0 SPECIFIC cause(s) of the SSO: Q Grease 24 hour verbal notification (name of person contacted }: Colleen Cohn ▪ DWR Emergency Mgmt Date (mm-dd-yyy): 12/14/2021 Time (hh:mm AM/PM): 11:30:00 am If an SSO is ongoing, please notify the appropriate Regional Office on a daily basis until SSO can be stopped. Per G.S. 143-215.1C(b), the responsible party of a discharge of 1,000 or more of untreated wastewater to surface waters shall issue a press release within 24-hours of first knowledge to all print and electronic news media providing general coverage in the county where the discharge occurred. When 15,000 gallons or more of untreated wastewater enters surface waters, a public notice shall be published within 10 days and proof of publication shall be provided to the Division within 30 days. Refer to the reference statute for further detail. The Director, Division of Water Resources. may take enforcement action for SSOs that 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 II: ANSWER THE FOLLOWING QUESTIONS FOR EACH RELATED CAUSE CHECKED IN PART I OF THIS FORM AND INCLUDE THE APPROPRIATE DOCUMENTATION AS REQUIRED OR DESIRED COMPLETE ONLY THOSE SECTONS PERTAINING TO THE CAUSE OF THE SSO AS CHECKED IN PART I (In the check boxes below, NA = Not Applicable and NE = Not Evaluated) A HARDCOPY OF THIS FORM SHOULD BE SUBMITTED TO THE APPROPRIATE DWR REGIONAL OFFICE UNLESS IS Grease When was the last time this specific line (or wet well) was cleaned? March 2021 Do you have an enforceable grease ordinance that requires new or retrofit of grease ❑ Yes ❑ No [ NA ❑ NE traps/interceptors? Have there been recent inspections and/or enforcement actions taken on nearby ❑ Yes [] No RI NA ❑ NE restaurants or other nonresidential grease contributors? Explain. The customers are all residential. Have there been other SSOs or blockages in this area that were also caused by ❑ Yes ❑ No RI NA ❑ NE grease? When? If yes, describe them: Have cleaning and inspections ever been increased at this location? 171 Yes [] No ❑ NA ❑ NE Explain, Have educational materials about grease been distributed in the past? 17 Yes ❑ No ❑ NA ❑ NE When? BI-annually in March and September and to whom? All Aqua WWW Customers Explain? Bi-annuallv Aqua distribuas FOG notices to all ww customers. The notice contains language about the materials, chemical, and subances that should NOT be placed in a WW CS. If the SSO occurred at a pump station, when was the wet well and pumps last checked for grease accumulation? Were the floats clean? ❑ Yes ❑ No p NA ❑ NE CS-SSO Form Page: 2 Comments: System Visitation ORC F1 Yes Backup ❑ Yes Name: Andy Stevens Cert# 1005680 Date visited: 12/13/2021 Time visited: 12:30 pm How was the SSO remediated (Le. Stopped and cleaned up)? The spill was contained to a 50' radius of the MH be leaves. Once the spill was stopped, lime was put down. 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: Matthew R Costner Signature: Telephone Number: Date: Title: Any addition information desired to be submitted should be sent to the appropriate Division Regional Office within five days of 1 knowledge of the SSO with reference to the incident number (the incident number is only generated when electronic entry of th form is completed, if used). CS-SSO Form Page: 3 . II 1• V. 4- . . . ■i ■ ■ ■ ■ ' 'Im.1 Z • `7 - - .!.M .1.4r 1 • r• Wi. . . ,i •.. • • - - - • -- ti - 11:- 11 • ... .L■J'. .. • • • L • • • - ... • .. • •_ • ti m H � O U C] [V 0 N Permit Enforcement History Details by Owner 3 A 46 7 m � 0a Total Balance Due : Sum Of Total Paid: Total Enforcement Cost: Total Penalty Amount: Total Penalties After Remiss'ons • Sum of Total Case Penalties: