HomeMy WebLinkAboutWQCS00021_DV-2021-0079 Enforcement Case_20210517ROY COOPER
Governor
DIONNE DELLI-GATTI
Secretory
S. DANIEL SMITH
Drr'ectar
Certified Mail # 7017 2680 0000 2219 5213
Return Receipt Requested
Grant W Goings, City Manager
City of Wilson
PO Box 10
Wilson, NC 27894-0010
NO ;TF, CAROLINA
Environmental Quality
May 17, 2021
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. WQCS00021
City of Wilson
Wilson Collection System
Case No. DV-2021-0079
Wilson County
Dear Mr. Goings:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of S286.57 (S250.00 civil penalty -
S36.57 enforcement costs) against City of Wilson.
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 Wilson. This review has shown the subject facility to be in violation of the requirements
found in Collection System Permit No. WQCS00021 and G.S. 143-215.1(a)(I). The violation(s) that occurred are
summarized in Attachment A to this letter.
Based upon the above facts, 1 conclude as a matter of law that City of Wilson violated the terms, conditions or requirements
of Collection System Permit No. WQCS00021 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 temps, conditions or requirements of a permit required by G.S. 143-2I 5.1(a).
Nrrrh Carolina Dcpana:ent n' E ldr.7mgCn!ol y I DlOs;en of'rvatcr Re:owl:es
flalctgh P. onal Oruco 7ECO Vo rett (Jr.ve' Raleigh.' . th Cm Mina 27(309
919?91 ;200
13.3MAN
Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the
Secretary of the Department of Environmental Quality and the Director of the Division of Water Resources, 1, Scott
Vinson, Regional Supervisor, Raleigh Regional Office hereby make the following civil penalty assessment against City of
Wilson:
$250.00 For 1 of the I violations of Collection System Permit No. WQCS00021 and G.S. 143-215.1(a)(1) for
Sanitary Sewer Overflow(s) resulting in a discharge without a valid permit.
S250.00
$36.57
$286.57
TOTAL CIVIL PENALTY
Enforcement Costs
TOTAL AMOUNT DUE
Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty 1 have taken into account the Findings of Fact and
Conclusions of Law and the factors set forth at G.S. 14313-282.1(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 program; 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:
(I)
(2)
(3)
Submit payment of the penalty, OR
Submit a written request for remission, OR
Submit a written request for an administrative hearin+,
Option I: Submit payment of the penalty:
Payment should be made directly to the order of the D;:pa:iment 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 l3ranch
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 I4313-282.1(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 l3rancli
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 Iearings:
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 Bearings. 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.tn., 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 §15013-23.2) 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 I Iearings 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 (Willis 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 I layes with the Division of Water Resources staff of the Raleigh
Regional Office at (919) 791-4200 or via email at mitch.hayes a.nedenr.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
PERCS Compliance•Enforcement Unit - Enforcement File, L.aserfiche
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Case Number: DV-2021-0079
Assessed Party: City of Wilson
Permit No.: WQCS00021
JUSTIFICATION FOR REMISSION REQUEST
County: Wilson
Amount Assessed: S286.57
Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission,
Waiver ofRight to an Administrative Hearing, and Stipulation of Tracts" 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 live 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. 14313-282.1(b) were wrongfully applied to the
detriment of the petitioner (the assessnrent.factors are listed in the civil penalty assessment document);
(b) the violator promptly abated continuing environmental damage resulting from the violation (i.e., evplain 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., eAplain why the violation was unavoidable or
something you could not prevent or prepare fag);
(d) the violator had not been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will pre\ent payment for the remaining necessary remedial actions (i.e., explain
how payment of the° civil penalty will prcrent you.froan pet" inviting the activities necessary to achieve
compliance).
EXPLANATION:
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STATE OF NORTI-1 CAROLINA DEPARIMENT OF ENVIRONMENTAL QUALITY
COUNTY OF WILSON
IN TI IE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST
City of Wilson
Wilson Collection System
PERMIT NO. WQCS0002 i
WAIVER OP RIGHT TO AN
ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
CASE NO. I)V-2021-0079
Having been assessed civil penalties totaling S286.57 for violation(s) as set forth in the assessment document of the Division
of Water Resources dated May 17. 2021, the undersigned, desiring to seek remission of the civil penalty, does hereby waive
the right to an administrative hearing in the above -stated matter and does stipulate that the facts are as alleged in the
assessment document. The undersigned further understands that all evidence presented in support of remission of this civil
penalty must be submitted to the Director of the Division of Water Resources within thirty (30) days of receipt of the notice
of assessment. No new evidence in support of a remission request will be allowed after (30) days from the receipt of the
notice of assessment.
This the day of _ , 20
ADDRESS
SIGNATURE
TELEPHONE
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PERMIT NO: WQCS00021
FACILITY: Wilson Collection System
Other Violations
INCIDENT VIOLATION
NUMBER DATE VIOLATION TYPE
ATTACHMENT A
City of Wilson
CASE NUMBER: DV-2021-0079
REGION: Raleigh
COUNTY: Wilson
VIOLATION DESCRIPTION
TOTAL VOLUME PENALTY
(GALLONS) AMOUNT
202100713 2/19/2021 CSO/SSO (Sewer Overflow) storm event 5,500 $250.00
L
DIVISION OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT
Violator: City of Wilson
Facility Name: Wilson Collection System
Permit Number: WOCS00021
County: Wilson
Case Number: DV-2021-0079
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 5,500 gallons overflowed from a manhole due to severe natural conditions. All 5,500 gallons flowed into Toisnot
Swamp, C; Sw, NSW in the Neuse River Basin. Increased nutrients and pathogens to surface waters.
2) The duration and gravity of the violation;
The SSO started on 02.19.2021 at 8:00 am and ended the same day at 3:30 pm.
3) The effect on ground or surface water quantity or quality or on air quality;
The effect on surface water quality include risks to public health and increased nutrients and pathogens to surface waters.
4) The cost of rectifying the damage;
The cost of rectifying the damage was not documented.
5) The amount of money saved by noncompliance;
It is believed that no money was saved by the noncompliance.
6) Whether the violation was committed willfully or intentionally;
It does not appear that the violation was committed willfully or intentionally.
7) The prior record of the violator in complying or failing to comply with programs over which the
Environmental Management Commission has regulatory authority;
DV-2020-0116
8) The cost to the State of the enforcement procedures.
$36.57
74/4-7
Date
Scott Vinson, Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ
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ROY COOPER
DIONNIE DELLI .GATT!
S. DANIEL SMITH
-21
IORf- CA.{O_.`.\
Environmental Quality
Certified Mail # 7017 2680 0000 2219 4797
Return Receipt Requested
March 23, 2021
Grant W Goings, City Manager
City of Wilson
PO Box 10
Wilson, NC 27894-0010
SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY
Tracking No,: NOV-2021-DV-0180
Sanitary Sewer Overflows - February 2021
Collection System Permit No. WQCS00021
Wilson Collection System
Wilson County
Dear Mr. Goings:
A review has been conducted of the self -reported Sanitary Sewer Overflows (SSO's) 5-Day Reports submitted by
City of Wilson. The Division's Raleigh Reg°onal Office concludes that the City of Wilson violated Permit Condition I
(2) of Permit No. WQCS00021 by fai ing 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 fo- purposes of G.S. 143-215.1(a)(1), for which a perm't is requ.red by G.S
143-215.1.
The Raleigh Regional Office is pro riding the City of Wilson an opportun'ty to provide evidence and justification as
to why the City of Wilson should not be assessed a civil penalty for the violation that is summarized below:
Total Vol
Total Surface
Incident Start Duration Vol Water
Number Date (Mins) Location Cause (Gals) (Gals) DWR Action
202100713 2/19/2021 450 1300 Block of Canal St Severe Natural
Condition Notice of Intent
5,500 5,500 Notice of Violation -
This Notice of Violation / Notice of Intent to Enforce (NOV/NOI) is being issued for the noted violation. Pursua
to G.S. 143-215.6A, a civil penalty of not more than twenty-five t-ousand dollars ($25,000.00) may be assessed
against any person who violates or fails to act in accordance with the terms, conditions, or requirements of any
permit issued pursuant to G.S. 143-215.1.
This office requests that you respond to this Notice, in writing, within 10 business days of its
receipt. In your response, you should address the causes of non-compliance, remedial actions, and all other
actions taken to prevent the recurrence of similar situations. The response to this correspondence will be
considered in this process. Enforcement decisions will also be based on volume spilled, volume reaching surface
waters, duration and gravity, impacts to public health, fish kills or recreational area closures. Other factors
considered in determining the amount of the civil penalty are the violator's history of non-compliance, the cost of
rectifying the damage, whether the spill was intentional and whether money was saved by non-compliance.
If you have any questions, please do not hesitate to contact Mitchell Hayes with the Water Quality Section in
the Raleigh Regional Office at 919-791-4200 or via email at mitch.hayes@ocdenr.gov.
1 fa
Cc: Raleigh Regional Office - WQS Hie
Laserfiche
Sincerely,
Scott Vinson, Regional Supervisor.
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ
SENDER: COMPLETE THIS SECTION
■ Complete items 1, 2, and 3.
EI Print your name and address on the reverse
so that we can return the card to you.
Ir Attach this card to the back of the mailpiece,
or on the front if space permits.
1. Article Addressed to:
CRANE W GOINGS. .CITY MANAGER
CITY Or WI15
PO BOX 10
W LSON, NC 7'IS94'0010
NOV-7.021-DV 0180: WOCS00021: WIISON COI -.SYSTEM
W1.SON COUNTY: NOV & INTENT TO ISSUE CP
01/73/7011: MAILED' 03/31/2021: t AYES
I IIIIIIIII940IIII34IIIIII15 IIIIII7227 II661III!0 I 97IIII
9590 2
COMPLETE THIS `-r'TiO14' O.". Or! rvr.�r
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If YES, enter delivery address below: 0 No
2. Article Number (Transfer from service Label)
017 2680 0000 2219 479?
3. Service Type
❑ Ad It Signature
o Ault Signature Restricted Delivery
Certified Mall®
❑ Certified Mall Restricted Delivery
A Collect on Delivery
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C] Registered Mail Restricted
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Merchandise
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CI Signature Confirmation
Restricted Delivery
PS Form 3811, July 2015 PSN 7530-02-000-9053
Domestic Return Receipt
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Permit Enforcement History Details by Owner
Owner : City of Wilson
County : Wilson
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Total Balance Due : $0 00
Sum Of Total Paid: $535.01
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Total Enforcement Cost.
Tata Penalty Amount. $500
Tota Cases
Total Penalties After Remiss.ons . $535.01
Sum of Total Case Penalties. $535.;] 1
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State of North Carolina
Department of Environment and Natural Resources
Division of Water Resources
DWR N6 r�5
Division of Water Resources
Collection System Sanitary Sewer Overflow Reporting Form
Form CS-SSO
PART I:
This form shall be submitted to the appropriate DWQ Regional Office within five business days of the first knowledge of the
sanitary sewer overflow (SSO).
Permit Number: WQCS00021 (WQCS# if active, otherwise use WQCSD#)
Facility: Wilson Collection System
Owner: City of Wilson
Incident #: 202100713
City: Wilson County: Wilson Region: Raleigh
Source of SSO (check applicable): Q 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): 1300 Block of Canal St
Manhole #: 706 & 707
Latitude (Decimal Degrees): Longitude (Decimal Degrees):
Incident Started Dt: 02/19/2021 Time: 8:00 am Incident End Dt: 02/19/2021 Time: 03:30 pm
(mm-dd-yyyy) (hh:mm AM/PM) (mm-dd-yyyy) (hh:mm AM/PM)
Estimated Volume of the SSO: 5,504 gallons Estimated Duration (Round to nearest hour): 7:30 hours
Describe how the volume was determined: 20gal min/30min, 10gal min/120min, 5gal min/ 300min after sand bags
Weather conditions during the SSO event: rain heavy at times
Did SSO reach surface waters? Q Yes ❑ No ❑ Unknown
Surface water nTrar41344Swamp
Volume reaching surface waters (gals): 5500
Did the SSO result in a fish kill? ❑ Yes QNo ❑ Unknown If Yes, what is the estimated number of fish killed?
SPECIFIC cause(s) of the SSO:
[l Severe Natural Conc
24 hour verbal notification (name of person contacted ): Erin M Deck
Q DWR ❑ Emergency Mgmt Date (mm-dd-yyy): 02/19/2021 Time (hh:mm AM/PM): 01:31:00 pm
If an SSO is ongoing, please notify the appropriate Regional Office on a daily basis until SSO can be stopped.
Per G.S. 143-215.1 C(b), the responsible party of a discharge of 1,000 or more of untreated wastewater to surface waters
shall issue a press release within 24-hours of first knowledge to all print and electronic news media providing general
coverage in the county where the discharge occurred. When 15,000 gallons or more of untreated wastewater enters surface
waters, a public notice shall be published within 10 days and proof of publication shall be provided to the Division within 30
days. Refer to the reference statute for further detail.
The Director, Division of Water Resources, may take enforcement action for SSOs that are required to be reported to
Division unless it is demonstrated that:
1) the discharge was cause by sever natural conditions and there were no feasible 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 11:
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
Severe Natural Condition
Describe the "severe natural condition" in detail?
rain, heavy at times. 4+ inches of rain for the week of 2/15/21
How much advance waming did you have and what actions were taken in preparatio
for the event?
NA
Comments:
System Visitation
ORC p Yes
Backup Yes
Name:
Todd Young
Cert#
992492
Date visited:
02/19/2021
Time visited:
0800
How was the SSO remediated (i.e. Stopped and cleaned up)?
sand bags were placed on manholes to help slow down SSO. Cleaned with flusher/vac truck
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: Todd Michael Young Date: 02/22/21 06:45 am
Signature: Title:
Telephone Number:
Any addition information desired to be submitted should be sent to the appropriate Division Regional Office within five days of 1
knowledge of the SSO with reference to the incident number (the incident number is only generated when electronic entry of th
form is completed, if used).
CS-SSO Form Page: 2
ATA
North Carolina DepartmenNDENR
Environment and Natural Resources
Division of Water Resources
Water Quality Programs
Pat McCrory Thomas A. Reeder John E. Skvaria, irl
Governor Director Secretary
January 30, 2014
Barry G. Parks, Director of Water Resources
City of Wilson
P.O. Box 10
Wilson, NC 27894-0010
Subject: Permit No. WQCS00021
City of Wilson
City of Wilson Collection System
Wilson County
Dear Mr. Parks:
In accordance with your application received December 12, 2013, we are forwarding herewith
Permit No.WQCS00021 dated January 30, 2014, to the City of Wilson for the operation and
maintenance of the subject wastewater collection system.
This permit shall be effective from August 1, 2014 until July 31, 2022 and shall be subject to the
conditions and limitations specified herein. It is your responsibility to thoroughly review this
permit. Please pay particular attention to the monitoring and reporting requirements in this
permit.
The City has a Response Action Plan: however the reporting requirements are under the
subheading In Citizen's Yard (page 2) as if they only apply if spilled in a yard. Please clarify that
the reporting requirements apply to all SSOs. The reporting requirements pick up on the page 4.
An oral report of an SSO must be made within 24 hours of first knowledge of a spill to the
appropriate regional office during regular business hours or to the Emergency Management
System (800-858-0368) after hours, weekends and holidays. The follow-up written report is due
to the regional office in 5 days. If the City has an internal policy of having the report completed
within 24 hours that is acceptable. Update the Response Action Plan to clarify the reporting
requirements and submit a copy to the Raleigh Regional Office by May 1, 2014.
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
16;7 Mail Service Center, Raleigh, North Carolina 27699-1617
Location: 512 N Salisbury St. Raleigh North Carolina 27604
P he - e: 919.807-63001 FAX: 919-807-6492
Internet: www ncwaterouality.oro
An 'lual Opportunity 1 Affirmative Action Empt_; er
NorthCarolina
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