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HomeMy WebLinkAboutWQCS00021_Remission Request (DV-2022-0060)_20220721 • WILSON NORTH CAROLINA July 13, 2022 Scott Vinson, Regional Supervisor Water Quality Regional Operations Section Raleigh Regional Office Division of Water Resources,NCDEQ RE: NOTICE OF VIOLATION & ASSESMENT OF CIVIL PENALTY Tracking No.: DV-2022-0060 Sanitary Sewer Overflows—January 2022 Collection System Permit No. WQCS00021 RECEIVED Wilson Collection System JUL 21 2022 Wilson County NCDEQ/DWR/NPDES Mr. Vinson, On January 19, 2022 at 8:00AM, the City became aware of an active sewer spill along the Bloomery Swamp Outfall. The City promptly responded to the sewer spill and sealed the leaking joints of a surcharged manhole to stop the leak by 2:00PM.At the time,the outfall was not passible due to high water levels and further investigation into the cause of the surcharged manhole could not be performed. Staff planned to re-visit the site the following day to further investigate. Staff arrived back onsite on January 20,2022 at 8:00AM. The water levels had receded enough to notice a portion of 15-inch RCP had partially collapse downstream of the manhole that was surcharging the day before. This collapse resulted in an additional spill of approximately 9,000 gallons. A temporary bypass pump was set up by 2:00PM to divert all flow around the damaged pipe. The Bloomery Swamp Outfall had a previous spill (NOV-2021-DV-043) in August of 2021. At the time, 347 linear feet of damaged RCP was replaced with PVC at a cost of $26,000. Additionally, a second section of 426 linear feet of RCP was replaced with PVC as a preventative measure at a cost of$22,000.Unfortunately,the new collapse was in a section that was not replaced at that time. The entire Bloomery Swamp outfall is set to be replaced as part of our capital improvement plan within the next 12 to 24 months. The City submitted a CWSRF loan application in September of 2021 to assist with payment of the project. However, the City was notified on March 1, 2022 that the project was not selected within that funding round. The City re-applied during the Spring CWSRF funding round with a revised application with the help of HDR. The expected cost of the project is approximately $6,400,000. We have received our sewer extension permits and are waiting on funding to become available. CITY OF WILSON INCORPORATED 1849 CITY ENGINEER I P.O.BOX 10 11800 HERRING AVENUE I WILSON,NORTH CAROLINA 27894-0010 I TELEPHONE 252-399-2465 I FACSIMILE 252-399-2453 EQUAL OPPORTUNITY EMPLOYER 1 However, due to the apparent poor conditions of the remaining RCP between NC HWY 42 and the "T" near the collapse on January 20, 2022 (see attached as-built), the decision was made to move forward with the replacement and upsizing of approximately 2,120 linear feet of existing 15-inch pipe including the newly installed PVC and replacement of all existing manholes prior to receiving funding through the SRF program. The initial response costs on January 19, 2022 and January 20, 2022 was $17,311. This includes labor and materials for setting up the initial bypass pump over the partially collapse pipe and repair of the line. The City purchased and set-up a second bypass pump to allow for continuous bypass of the entire gravity section in question at a cost of$112,671. This cost includes the 2,100 linear feet of 8-inch HDPE piping used for the bypass operation. The City also purchased 2,200 linear feet of 24-inch PVC and eight manholes at a cost of$289,255. Bids were received on February 28, 2022 for the installation of the new pipe and manholes. The apparent low bid amount was $294,830 by Owens Construction. The contractor immediately started construction once materials were received. The project was completed on June 30,2022. The City of Wilson believes a fine is not warranted for the above-mentioned violations. The City took immediate action to stop the sewer spill and took further action to prevent additional spills from occurring. As a result of both of these incidences and the previous spill in August, 2021,the City has spent approximately$770,00.00. The City will be spending an additional $6,400,000 for the replacement of the entire outfall line in the near future. Monies spent on a civil penalty would only potentially delay the eventual replacement of the outfall, decrease money available for continued system maintenance, and further increase existing budgetary constraints. Please call me at(252)296-3416 if you have any further questions. Sincerely, Kyle F. Manning, PE ( �� Civil Engineer cc: Grant W. Goings—City Manager W. T. Bass IV, PE—Public Works Director STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALIFY COUNTY OF WILSON IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND ) STIPULATION OF FACTS City of Wilson ) Wilson Collection System ) PERMIT NO. WQCS00021 ) CASE NO. DV-2022-0060 Having been assessed civil penalties totaling$286.57 for violation(s)as set forth in the assessment document of the Division of Water Resources dated June 14,2022,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 it EIVED JUL 2 2022 SIGNATURE ADDRESS NCDEQIDWR1NPDES TELEPHONE 2 JUSTIFICATION FOR REMISSION REQUEST Case Number: DV-2022-0060 County: Wilson Assessed Party: City of Wilson Permit No.: WQCS0002I Amount Assessed: $286.57 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 ofa 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.I(b)were wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil penalty assessment document); X (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 fort, (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: The spills occurred on January 19 and 20, 2022, were promptly cleaned up and bypass pumps set-up to prevent any additional spills. The City of Wilson immediately went to work to permanently fix the cause of the spills (older concrete pipes) by replacing approximately 2,100 linear feet of pipe and eight manholes.. The work was complete June 30, 2022. The replacement of the pipe and manhole should minimize the potential of a sanitary sewer overflow at this location due to pipe failures for the foreseeable future. Attached is a letter with additional supporting information, a copy of the as-built drawings, and a copy of the engineer's certification. The total cost of replacing the pipe including the bypass pumping was approximately $700,000. 7 "pSa rt'�'T'`,Ye wt ' ,*�„ ��%,��,,�a ">^�e »5:; k` `.yam �` `€ ' "p l ` ' °` t3 t e ,, � k ) �•,�r ft� �14�t1t �+�;.-+\ . a.?r•°< v J` 4' >R 5 3vw cf ry! 3p S r 11 A} �$ riffs S:t�y t 0 'W 't /r.,21894 .y '''Ng )x. r t tr,� t+44�Ff'Gfoa1 rtng,'pLl. • „to-4 een 4 -r iQ �Ci�lileb+ 'O�? 4wt'! C�MMn�Q> �,V_i1s}op, V14. • f 542' Waters Wastewater Surveying TEl 252:237 5365•FAX 252.2+33.7488 Engineering Planning,Project Management WWW.GREENENGINEERING.COM June 8,2022 NCDEQ Water Quality Regional Operations Section Raleigh Regional Office 3800 Barrett Drive Raleigh,North Carolina 27609 Attention: Mr. Scott Vinson Water Resources Regional Supervisor SUBJECT: Engineer's Certification(Partial) WQ0042692-Upper Bloomery Swamp Sewer Improvements City of Wilson,North Carolina PN: 20-141 Dear Mr. Vinson: Please find attached for your review the Engineer's Certification(Partial)for the Upper Bloomery Swamp Sewer Improvements Project(WQ0042692). The portion of the project completed is as follows: • 2,100 linear feet of 24-inch diameter SDR-35 gravity sanitary sewer pipe(Station 0+00—21+00). • Seven(7)manholes. You will note on the Certification Checklist that Question No. 2, "Have the as-built drawings been signed, sealed, and dated by an N.C.PE?" has been checked NO. The As-built data is currently being collected and the drawings will be complete early next week and will be hand delivered. The urgency in providing this Certification is that the City of Wilson has an immediate need for the by-pass pumps that are currently in operation on the subject project and as mentioned in the email earlier today the project is complete with the lines and manholes having been tested (all passed), the mandrel testing has been successfully completed and the lines have been televised (CCTV), reviewed and approved by the City of Wilson. The line has not been placed into operation and the by-pass pumping is still being performed by the City of Wilson. The only project component not yet installed arc three (3) vent stacks and they are also being delivered to the site today with installation expected no later than early to mid-next week. Thank you for your consideration of this Engineer's Certification (Partial)and if you have any questions, please do not hesitate to give me a call. Respectfully, E. Leo Green, III PE,PLS W:\W[LSO\20I41\Office\PERMITS\SEWER Permit\WQ0042692 Partial Certification-(Scott Vinson)6-8.2022.doc DocuSign Envelope ID:AD6B8F7A-CDB6-4540-8D8D-AD182F065B6B FAST TRACK SEWER ENGINEERING CERTIFICATION PERMITTEE: City of Wilson PERMIT U: WQO042692 PROJECT: City of Wilson Upper BloomerySwampSewer Improvements p ISSUE DATE: August 17, 2021 This project shall not be considered complete nor allowed to operate in accordance with Condition 7 of this permit until the Division has received this Certification and all required supporting documentation. It should be submitted in a manner that documents the Division's receipt. Send the required documentation the Regional Supervisor,Water Quality Regional Operations Section at the address at the bottom. Any wastewater flow made tributary to the wastewater collection system extension prior to completion of this Certification shall be considered a violation of the permit and shall subject the Permittee to appropriate enforcement actions. The Permittee is responsible for tracking all partial certifications up until a final certification is received. A Final Certification shall be a complete set of record drawings and design calculations regardless of whether partials have been submitted. PERMITTEE'S CERTIFICATION I, the undersigned agent for the Permittee, hereby state that this project has been constructed pursuant to the applicable standards & requirements, the Professional Engineer below has provided applicable design/construction information to the Permittee, and the Permittee is prepared to operate &maintain the wastewater collection system permitted herein or ortions thereof. ( -1•1 is$ U 0I(e4 Ctn tPLA1,11,Woks 4P18/22 Printed Name,Title Si nature Date ENGINEER'S CERTIFICATION I, �L.'= e'c: 6 ye„, , as a duly registered Pr fessional Engineer in the State of North Carolina, having been authorized to observe ( periodically, weekly, full time) the construction of the project name and location as referenced above for the a ove Permittee hereby state that,to the best of my abilities, due care and diligence was used in the observation of the following construction: approximately 11,195 linear feet of 24-inch gravity sewer, approximately 365 linear feet of 15-inch gravity sewer,and approximately 290 linear feet of 8-inch gravity sewer,such that the construction was observed to be built within substantial compliance of this permit; 15A NCAC O2T; the Division of Water Resources' (Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting materials. North Carolina Professional Engineer's Seal w/signature&date: •\�.'�.•, • Of Ili. ....... �/�••cc• 3� Z. 4 SEAL 1—Final Partial (include description) • 0225 1 .• _ /�iij �lGR `,\\\ Certification Comments Quali iers( ttach if ecessary): e . L.t_Z. ekx—\ • (5 - .I lk fgc.t�l u i 4?e . �� Z Z L North Carolina Department of Environmental Quality I Division of Water Resources Raleigh Regional Office 11628 Mail Service Center,Raleigh,NC 27699-1628 Physical Address: 3800 Barrett Drive,Raleigh,NC 27609 919-791-4200 DocuSign Envelope ID:AD688F7A-CDB6-4540-8D8D-AD182F065B6B CERTIFICATION CHECKLIST To be completed by the certifying engineer prior to operation of the permitted sewers,per 15A NCAC 02T.0116.Certifying Engineer: — �L— Certification Review Date: e> -C) 2_ L Project Name: Lik-I Y- - tAiy.ey- e)(00;,v1&1 StOqwt �tv' WQ00 y.Zl.eeCI "L Project County: V�++`fie- t 1) Has permittee information changed since the permit was issued (or last modified): change of mailing address, change of ownership,transfer from developer to HOA/POA, etc. I I Yes No • If yes, please provide either a change of ownership form or new contact information. Note that transfer of permits from the developer to the HOA/POA must occur with the first certification. 2) Have the as-built drawings have been signed,sealed,and dated by an N.C. PE? Yes ,i No 3) Final Engineering certification? — Yes XNo • If Partial Engineering certification, provide detailed narrative including what is being certified in the current phase,what was previously certified(if applicable),and what is left to be certified. 4) Adequate information related to sewer lines: Yes No P N/A • Three feet minimum cover has been provided for all sewers unless ferrous pipe was installed. • Minimum diameters for gravity sewers are 8-inches for public lines and 6-inches for private lines. • Manholes have been installed: At the end of each line, at all changes in grade,size, or alignment, at all intersections,and at distances not greater than 425 feet; minimum diameter shall be 4 feet(48-inches). 5) Adequate information related to pump stations: Yes No [xN/A • Ensure power reliability option was selected per 15A NCAC 02T.0305(h). 6) Was project construction completed in accordance with all of the following: Yes I I No N/A • 15A NCAC 02T, Minimum Design Criteria (MDC)for the permitting of Gravity Sewers(latest version), and MDC for the Permitting of Pump Stations and Force Mains (latest version)? If not, a variance approval is required in accordance with 15A NCAC 02T.0105(b), prior to certification and operation. • Contact the Central Office to discuss the variance to determine a course of action. • Applicant must submit two copies of the variance request form, plans,specifications, calculations,and any other pertinent information to the Central Office (one hard copy, one digital copy). • The central office will review the variance request, and if approvable, specific language regarding the variance will be incorporated into the permit, either via a special condition or a supplementary letter.A copy of the reissued permit with variance language or the variance letter must be maintained with the original documents. 7) Does the project contains high priority lines(15A NCAC 02T.0402(2))? I I Yes No • If yes,ensure that the permit already contains the necessary condition related to high priority lines 15A NCAC 02T.0403 (a)(5). If the permit does not include this language,the Fast Track reviewer will reissue the permit with the appropriate language. 8) Are Permit modifications are required for any changes resulting in non-compliance with this permit(including but not limited to pipe length changes of 10%or greater,change in flow,pump station design capacity design change of 5%or greater,and/or change in the number/type of connections)? Yes [ No • If yes, a permit modification request must be submitted to the appropriate Regional Office, and a modified permit with revised certification must be issued prior to certification and operation. • North Carolina Department of Environmental Quality;Division of Water Resources Raleigh Regional Office 11628 Mail Service Center,Raleigh,NC 27699-1628 Physical Address: 3800 Barrett Drive,Raleigh.NC 27609 919 791 4200 CITY OF WILSON UPPER BLOOMERY SWAMP SEWER IMPROVEMENTS ... PHASE I , WILSON COUNTY , NORTH CAROLINA JUNE 20221 ., .. \ , 1 ,� ;; GENERAL \ • vcip,.. ,,____ J f '\� SHT SHEET TITLE CITY OF WILSON �� — \-l-.` -J -- 1. COVER SHEET\* I� `� „rim.- -/ - _v) 2. COMPLETE LEGEND&MISC.NOTES MAYOR: CARLTON L. STEVENS j� �. �-' -' -1---\------ _-: 8. EROSION CONTROL OVERALL PLAN �• 1"-- --- `� (•.. \- GRAVITY SEWER PROFILE WITH COUNCIL MEMBERS: GILLETTIA M. MORGAN ( + /`----/ \,_,� ,~�_ Lam( EROSION CONTROL MEASURES DR. MICHAEL S. BELL ,- `' f I1 - SH SHEET TITLE STATIONING 1/ �11 __ 4. BLOOMERY SWAMP PH 1(0+00 TO 12+50) WILLIAM THOMAS FYLE -----c --1 \ N s PLANBPROFILE , O� ' �/ \. 1l 1;.: i 'KJ� 5. BLOOMERY SWAMP PH 1(12+50 TO21+00) JAMES M. JOHNSON, III � ' i� /! -,, F;"1P(o�,� - PLANBPROFILE -., DONALD I. EVANS ,. . r--� ,4, - 1, LOGAN T. LILES / / / _ = NPDES NOTES —� -- _--�—� -_�, - Z -, SH SHEET TITLE fr DERRICK D. CREECH i` r. _ <' ✓;1 N-, NPDES TABLES i C_�4�- J —/ 1 N JJ tt roXimate Location of N-2 NPDES TABLES —I--11'pD r? I r anuary 19,2022 Spill • CITY MANAGER: GRANT GOINGS 1T '"^`* rO�, �l :,."t ==1_TT%} a ��' ,,_ i : l _ - f ;,c ;--, ► uri ,7,.,_ DETAILS /" 1 qqq LZ 1� , 1 7 ,r,-,t '' - %�,'� ` �" /,JTv �- 4 ��1 k SH SHEET TITLE PUBLIC WORKS DIRECTOR: BILL BASS �/J � L{� ` (�c�_ CO DETAIL x ,,i i, fj Yam' ( •pproximate Location of • g. DETAIL ��� I� anuary 20,2022 Spill E � .' 1 I �, �� �r ' ".,•_ 10. DETAIL s pN1111rr„,, .. N R -- i.e.__JL \� {'/ --- iT'CI121 1 f 11. DETAIL 4 .q = 4 \ ,� -` t �-- ) 1 12. DETAIL SEAL 1 / 422594 • _ -L- \.... \__ / 1� r / \ rl'I' " -r`-___-___ �_ _ �� GRAND TOTAL: 12 SHEETS (.- 2A-2n `- _ LOCATION MAP as o SCALE 1' = 1000 NOTE m I THESE AS-BUILT DRAWINGS ARE FOR PHASE 1 13ii z o GREEN ENGINEERING • • _ • IMPROVEMENTS ONLY. STATION 0+39.13 (MH#2) >wZ - - -— - - TO STATION 20+95.00 (MANHOLE #8) z w s r i WATER, WASTEWATER, SURVEYING, PLANNING, PROJECT MANAGEMENT _ - ��oz NC FIRM LICENSE:P-0115 -- — _ - - -_ cam v30-02 - - z 303 GOLDSBORO ST.E.P.O.BOX 609 WILSON,N.C.27893 •- - - - TEL(252)237-5365 FAX(252)243-7489 OFFICE @ GREENENG.COM -_ - o a w t.JuJo s - \ PROJECT RECORD DRAWINGS �Dv� 6-24-22 } GREEN ENGINEERING 50-024 PDF processed with CutePDF evaluation edition www.CutePDF.com