WQCS00013_DV-2022-0075 case file_20220801

ROY COOPER
Governor
ELIZABETH S. BISER
secretory
RICHARD E. ROGERS, JR.
Director
Certified Mail # 7020 3160 0000 4109 6258
Return Receipt Requested
Jamie Revels, Utilities Director
Town of Cary
PO Box 8005
Cary, NC 27512-8005
NORTH CAROLINA
Environmental Quality
August 2, 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. WQCS00013
Town of Cary
Cary Collection System
Case No. DV-2022-0075
Wake County
Dear Mr. Revels:
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 Town of Cary.
This assessment is based upon the following facts: a review has been conducted of the Sanitary Sewer Overflow (SSO)
5-Day Report submitted by Town of Cary. This review has shown the subject facility to be in violation of the requirements
found in Collection System Permit No. WQCS00013 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 Town of Cary violated the terms, conditions, or requirements
of Collection System Permit No. WQCS00013 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 Carotin Depart menr of Environmental Quality I Division of Water Resources
Raleigh Regla al Office 13600 Parrett Drive i Raleigh North Carolina 27609
9I9.7 L4200

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 Town
of Cary:
$500.00 For 1 of the 2 violations of Collection System Permit No. WQCS00013 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

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 Hearin t., and Stipulation of Facts" form within thirtv(30) da s of recei. t 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

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 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 [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
PERCS Compliance/Enforcement Unit - Enforcement File

Case Number: DV-2022-0075
Assessed Party: Town of Cary
Permit No.: WQCS00013
JUSTIFICATION FOR REMISSION REQUEST
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:

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
COUNTY OF WAKE
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST
Town of Cary
Cary Collection System
PERMIT NO. WQCS000 13
) WAIVER OF RIGHT TO AN
) ADMINISTRATIVE HEARING AND
) STIPULATION OF FACTS
)
)
)
) CASE NO. DV-2022-0075
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 August 2, 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

PERMIT NO: WQCS00013
FACILITY: Cary Collection System
Other Violations
ATTACHMENT A
Town of Cary
CASE NUMBER: DV-2022-0075
REGION: Raleigh
COUNTY: Wake
INCIDENT VIOLATION TOTAL VOLUME PENALTY
NUMBER DATE VIOLATION TYPE VIOLATION DESCRIPTION (GALLONS) AMOUNT
202200217 2/12/2022 CSO/SSO(Sewer Overflow) Discharge without valid permit
4,665 $500.00
202200228 2/16/2022 CSO/SSO(Sewer Overflow) Discharge without valid permit 440 $0.00

DIVISION OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT
Violator: Town of Cary
Facility Name: Cary Collection System
Permit Number: WOCS00013
County: Wake
Case Number: DV-2022-0075
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 4,665 gallons of sewage overflowed from a manhole due to roots and debris in line. 3,565 gallons flowed to
Regency Park Lake a class WS-II1; NSW in the Neuse River Basin. Increased nutrients and pathogens to surface waters.
2) The duration and gravity of the violation;
The SSO started 02.12.2022 at 7:45 pm and ended the same day at 9:30 pm.
3) The effect on ground or surface water quantity or quality or on air quality;
The effect on surface water quality includes increased nutrients and pathogens, 41.Jr.4 cos., c' s tie 1,I4r7
it6u.1; 5 (rrI ( v i a 6,'1.1' 11•.• S.
4) The cost of rectifying the damage;
The cos 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 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 no enforcements within the past 12 months.
8) The cost to the State of the enforcement procedures.
$36.57
- 2 - o -2-
Date
Scott Vinson, Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ

Permit biVOCS0001 Version:
3.0
Status:
Permit Type: Collection system management and operation
Permt Classification:
Individual
Program Category Non -discharge
Facility:
Owner.
Issued:
Effective:
Expire:
SOC:
Last Updated By:
Cary Collection System
Primary Related Permit
j]_etails...
'Town of Cary
Dataiis..,
06124/2015
12101/2015
11/3012023
veve,Iewis
— Dates --
Orig Issued:
Statutory.
lnactNe:
Details...
5/0912002
Adman Region: Raleigh
County
Wake
Projed Type: Renewal
❑Q Major Permit
❑ Has Subsurface Drains
0 New Farm 0 Existing Farm
Iraq
Farm
❑ Innovative Avail. Acres
❑ Rainbreaker Device
❑ OIC Present
Last Updated On:
11/112018 1:58 PM

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or on the front if apace permits.
1. Ar ide Addressed to
JAMIE REVELS, DIRECrO
TOWN OF CARY PUBLIC UTILITIES
PO BOX 8005
CARY, NC 27512.8005
NOV•2D21-DY•0069 / NOV-INTENT 10 ASSESS / 7077037.t
CARY COLLECTION SYS / WQCS00013 / WAKF CQUN i Y
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JAMIE REVELS, DIRECTOR
TOWN OF CARY PUBLIC VT1LrTI ES
PO BOX BOOS
CARY, NC 27512-8005
12 NOV-2022•D11.0069 / NOV-INTENT TO ASSESS / 20220321
CARY COLLECTION SYS / WQC50o013 / WAKE COUNTY
REC: 7020 3160 0000 4109 5404 / M 03/14/2=

ROY COOPER
Cnreinor
ELIZABETH S. BISER
secretary
S. DANIEL SMITH
Dfreauor
faMiflad Mlall # 7Q20 3160 MO a109 SAIY
Raturabssintassmatid
Jamie Revels, Director of Public Utilities
Town of Cary
PO Box 8005
Cary, NC 27512 8005
NORTH
°i rowirorupontai y
March 14, 2022
SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY
Tracking No.: NOV-2022-DV-0069
Sanitary Sewer Overflows - February 2022
Collection System Permit No. WQCS00013
Cary Collection System
Wake County
Dear Mr. Revels:
A review has been conducted of the self -reported Sanitary Sewer Overflows (SSO's) 5-Day Report/s submitted by
Town of Cary. The Division's Raleigh Regional Office concludes that the Town of Cary violated Permit Condition I
(2) of Permit No. WQCS00013 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 Town of Cary an opportunity to provide evidence and justification as
to why the Town of Cary should not be assessed a civil penalty for the violation(s) that are summarized below:
Total Vol
Total Surface
Incident Start Duration Vol Water
Number Date (Mine) Location Cause (Gets) (Gab) DWR Action
202200217 2/12/2022 105 100-Biotic Greyfriars in Debris In line, Roots 4,665 3,565 Notice of Violation —
Notice of Intent
202200228 2/16/2022 5 4215 West St, Cary Roots
440 440 Notice of Violation
Na, hii c Di . &asmOMed ty 1 Oh9Y.netVent Re.ews
lid.d11ons'arc* I3 00 S00 Mown Drhe i hYlOhNorth doeLr71h09
9192914200

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 dvil 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 dedsions 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 dvil penalty are the violator's history of non-compliance, the cost of
rectifying the damage, whether the spill was intentional and whether money was saved by non-compliance.
If you have any questions, please do not hesitate to contact Mitchell Hayes with the Water Quality Section in
the Raleigh Regional Office at 919-791-4200 or via email at [e-mail].
Cc: Raleigh Regional Office - WQS File
Laserfiche
Sincerely,
Scott Vinson, Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ
North CaaN•DepinrseeffieMe+eeintil Waft10MIot.dwearMINNIMee
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DWR
Division 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 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: WQCS00013 (WQCS# if active, otherwise use WQCSD#)
Facility: Cary Collection System Incident #: 202200217
Owner: Town of Cary
City: Cary County: Wake
Region: Raleigh
Source of SSO (check applicable): 0 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): 100-Block Greyfriars Ln
Manhole #: SP75112055
Latitude (Decimal Degrees): Longitude (Decimal Degrees):
Incident Started Dt: 02/12/2022 Time: 7:45 pm Incident End Dt: 02/12/2022 lime: 09:30 pm
(mm-dd-yyyy) (hh:mm AM/PM) (mm-dd-yyyy) (hh:mm AM/PM)
Estimated Volume of the SSO: 4,665
gallons Estimated Duration (Round to nearest hour): 1:45 hours
Describe how the volume was determined: Sewer Spill Estimation Guide using spill area, observed flow, and creek condition
Weather conditions during the SSO event: Clear
Did SSO reach surface waters? El Yes ❑ No ❑ Unknown Volume reaching surface waters (gals): 3565
Surface water name: Regency Park Lake 2-7- 2(3 -J, 5 W Sill .IS. 1.
Did the SSO result in a fish kill? ❑ Yes Q No ❑ Unknown If Yes, what is the estimated number of fish killed?
SPECIFIC cause(s) of the SSO:
[✓_( Roots [I Debris in line
24 hour verbal notification (name of person contacted ): Marianne Nicholaysen
❑ DWR [l Emergency Mgmt Date (mm-dd-yyy): 02/13/2022 Time (hh:mm AM/PM): 10:36:00 am
If an SSO is ongoing, please notify the appropriate Regional Office on a daily basis until SSO can be stopped.
Per G.S. 143-215.1 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 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
Roots
Do you have an active root control program on the line / area in question? ❑ Yes WI No ❑ NA D NE
Describe
Roots were identified in the manhole helping to obstruct flow along with large volume of wipes and raa material.
Have cleaning and inspections ever been increased at this location because of roots' El Yes 17 No 17 NA E NE
Explain:
Roots had not been identified in the past as a problem in this manhole or sewer line segment. Sewer line cleaning was la:
performed January 17. 2001.
What corrective actions have been accomplished at the SSO location (and
surrounding system if associated with the SSO)?
Area sewer lines and subject manhole were hydraulically cleaned and video inspected on February 14, 2021. Acoustic
testing was performed in the surrounding sewer lines to check for obstructions or any other signs of roots.
What corrective actions are planned at the SSO location to reduce root intrusion?
The root intrusion was limited to the single manhole, roots were removed and will be monitored for regrowth.
Has the line been smoke tested or videoed within the past year? El Yes 171 No ❑ NA El NE
If Yes, when?
Comments:
The sewer line easement at the location of the sewer spill was last inspected on November 15.2021. The manhole is in a
lower lying area and had some soil and leaf litter covering the manhole at the time of the spill. The manhole ring and cow
will be raised to prevent soil accumulation on top of the manhole lid.
Debris in line
What type of debris has been found in the line?
Sanitary wipes and paper products
Suspected cause or source of debris.
Flushed wipes and paper products
Are manholes in the area secure and intact? RI Yes ❑ No ❑ NA ❑ NE
When was the area last checked/cleaned?
11/15/2021
CS-SSO Form Page: 2

Have cleaning and inspections ever been increased at this location due to previous ❑ Yes 171 No ❑ NA ❑ NE
problems with debris?
Explain:
No history of debris problems were identified in this area of the sewer system.
Are appropriate educational materials being developed and distributed to prevent futi 17 Yes ❑ No ❑ NA ❑ NE
similar occurrences?
Comments:
Public education and responsible wastewater tips are being distributed via Nextdoor to area residents.
System Visitation
ORC RI Yes
Backup ❑ Yes
Name:
Donald Smith
Cert#
1001030
Date visited:
2/13/2022
Time visited:
7:00 AM
How was the SSO remediated (i.e. Stopped and cleaned up)?
The blockage was cleared at 9:30 PM on 2/12/2022 using a hydraulic iet truck. Wastewater around the spill site was
pumped back into the sewer system for disposal and debris picked up. The creek was temporarily dammed and pumps
setup downstream. Dechlorinated water was used to flush the spill site and creek with all water being pumped to sewer fc
treatment. All sewer was contained in the creek which was not flowing. The sewer spill was intercepted in the creek and r
sewer discharged into the downstream Regency Park Lake. Powdered lime was applied at the spill site to treat the soil.
Conductivity readings in the creek were used to identify the spill and for cleanup efforts.
As a representative for the responsible party, I certify that the information contained in this report is true and accurate to the
best of my knowledge.
Person submitting claim: Donald Bradley Smith Date: 02/17/22 01:00 pm
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: 3

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Total Balance Due : $0.00
Sum Of Total Paid:$38,139.29
Total Enforcement Cost $1,439.29
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Total Penalty Amount:
N
Total Cases:
Total Penalties After Remissions : $38,139.29
Sum of Total Case Penalties: $46,939.29

TOWN OF CARY
April 6, 2022
Mr. Scott Vinson, Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ
14328 Mali Service Center
Raleigh, NC 27699-1628
CERTIFIED MAIL,
Subject: Notice of Violation [NQy2022-DV 0069): Notice of Intent to Issue CM Penally
Dear Mr. Vinson:
On March 24, 2022 the Town of Cary Utilities Department received a Notice of Violation with
a Notice of Intent (NOV-NOI) letter dated March 14, 2022 from the North Carolina Department
of Environmental Quality, Division of Water Resources — Raleigh Regional Office for two
sanitary sewer overflows (SSO) that oocurnsd on February 12 and February 16, 2022. The
NOV letter identifies the February 12 SSO with a notice of intent to enforce the violation and
allows Cary the ability to provide evidence or justification within 10 business days from receipt
of the letter to address cause of non-compliance, remedial actions, and actions to prevent
recurrence of the SSO.
Incident a
Start Date
—Duration
(min)
Location
Cause
Total
Volume
(Gal)
Total Volume
Surface Water
flat)
DWR
Action
202200117
2/1212022
105
100 Block
Greyfrtars Ln.
Debris
In tine,
Roots
4,665
3.585
Notice of
Violation —
Notice of
Intent
202200228
2/18/2022
5
421 S. West St.
Roots
440
_
440
Notice of
Violation
Cary takes pride in the operation and management of our nearly 1,000 miles of wastewater
collection system. We are an award winning and progressive wastewater utility that has very
few reportable or large volume SSO. We place emphasis on responding quiddy to sewer
emergencies to prevent and minimize any spills that impact our citizens, community, and
environment. We appreciate the opportunity to provide information on the recent sewer
overflows, our efforts, and justification for why additional enforcement action or dolt penalty
should not be assessed to the Town of Cary.
TOWN Of CARY
400 James Jackman Avenue • Caty, NC 27513 • PO Box a00S • try, NC 2751241005
te1919.469.4090 • fan 919-469.4304 • www townotcatt►.ora

550 Notice of Violation — Notice of Intent Apr a, 2
Corrective Actions — On February 13 a news release was published and distributes within
24 hours following the sewer spill (Attachment 1.). After clearing the blockage, the area sewer
lines were hydraulidy cleaned, video inspected and acoustically assessed (approximately
1,350 feet) to ensure there were no additional accumulations or partial sewer line blockages.
The video assessment identified some tuberculation (Figure 1.) and corrosion (Figure 2.) on
the interior of the ductile Iron pipe but is in generally good condition. We are adding this sewer
line segment to our programming for future rehabllltation.
Figure I, Intenor pipe ti,berculahon
r ':urt. cc Cu140r.11_11.1 Met.1I f'ipf•
a ft.
Figure 2. Interior surface corrosion
Cary's history of Inspection induded an easement and manhole Inspections on November
15, 2021 with no Issues identified at the time of the inspection. The sewer line was last
cleaned January 17, 2001. We have added this sewer line segment to our reoccurring
Inspection list and will begin Inspecting this sewer Ina segment on a semi-annual basis to
help ensure the sewer line is operating properly without any blockages. Due to the volume of
sanitary wipes and paper assodated with this spill, a Nextdoor post was published and
distributed to 5 surrounding neighborhoods notifying of the sewer spill and cause. There were
214 impressions reported from Nextdoor the week following the post.
February 18 - Nextdoor Post:
As a community we work together to preserve and protect our environment and maintaining the sewer
system is an important part of that effort We are notifying you that on February r2. 2022 Town crews
cleaned up a sewer spill near your neighborhood It was determined that this unfortunate incident happened
because a significant amount of sanitary wet wipes and paper debris hod accumulated in this area of our
system. We rely an all users of the sewer system to keep pipe -clogging material out of the sewer pipes.
Here's how you can help: Dont Rush to Flush f click has
The sewer manhole SP75112055 that overflowed and was
partially covered with sediment and leaves (Figure 3.), was
raised approximately 6-Inches to prevent the manhole from
being covered again in the future.
Pant 3. - Raised uorrnhola ring and cover

$O¢.potice of Violation - Notice of Intent Awn luan
We appreciate the opportunity in being able to provide information on both unfortunate sewer
spills. These two Instances are the only sewer spills that have occurred In those sewer line
segment areas. We appreciate NC DEQ's consideration In evaluating these sewer spills, the
cause. and Cary's record and response to remediate and help ensure that a SSO
reoccurrence does not reoccur at these locations. !f we can answer any questions or provide
any additional information, please feel free to contact Mr. Donald Smith, Wastewater
Collection System Manager at [phone].
Sincerely,
Flies Director
Cc: Donald Smith, Wastewater Collection System Manager
Paul Campbell, Wastewater Collection System Operator
Attachments:
• NCDEQ Notice of Violation — NOI to issue Civil Penalty — NOV2022 DV-0089
• News Release — Sanitary Wipes and Paper Debris Cause Sewer Spill In Cary
• Collection System Sanitary Sewer Overflow Reporting Form — Incident #
202200217
• Collection System Sanitary Sewer Overflow Reporting Form — Incident #
202200228

a
• .

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 ($25,000.00) may be assessed
against any person who violates or falls to act in accordance with the terms, conditions, or requirements of any
permit issued pursuant to G.S. 143-215.1.
This office requests that you respond to this Notke, in writing, within 10 business days of Ito
receipt. In your response, you should address the causes of non-compliance, remedial actions, and all other
actions taken to prevent the recurrence of similar situations. The response to this correspondence will be
considered in this process. Enforcement dedslons will also be based on volume spilled, volume reaching surface
waters, duration and gravity, impacts to public health, fish Nils or recreational area closures. Other factors
considered in determining the amount of the civil penalty are the violator's history of non-compliance, the cost of
rectifying the damage, whether the spin was Intentional and whether money was saved by non-compliance.
If you have any questions, please do not hesitate to contact Mitchell Hayes with the Water Quality Section in
the Raleigh Regional Office at 919-791-4200 or via email at [e-mail].
Sincerely,
1511h==
Scott Vinson, Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ
Cc: Raleigh Regional Office - WQS File
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Department of Emberment and Natural Reeonrns
Midas atWater Raaunes
Collection System Sanitary Sewer Overflow Reporting Form
Fern CS-SSO
PART I:
This form shall be submitted to the appropriate DWQ Regional Ofilce yadamlmingfeigreni of the first knowledge of the
sanitary sewer overflow (SSD).
Permit Number. WQCS00013 (WQCS# Mediae, otherware use WQC$ #)
Fadllty: Cary Collection System Incident #: 202200217
Owner: Town of Cary
City: Cary County: Wake Region: Raleigh
Source of SSD (check appllcable)c Fg Sanitary Sewer 0 Pump Statlon / lift Station
SPECIFIC location of the SSO (be consistent in description from pant reports or documentation - i.e. Pump Station B,
Manhole at Westall 8 Bragg Street, etc) 100S1ock Gravities* In
Manhole #: SP75112055
Latitude (Decimal Degrees): Longitude (Dedmal Degrees):
Incident Started Dk 02112/2022 Time: 7:45 pm Incident End Dt: 02/12/2022 Time: 00:30 pm
(mm -MA '(hh:mm AMIPM) (mm4dryyyy) (hh:mm AM/PM)
Estimated Volume of the SSD: 4,885 gallons Estimated Duration (Round to nearest hour): hours
Describe how the volume was determined: Sewer 8p111 Estimation Guide using spill area, absented flow, and creek condition
Weather conditions during the S80 event Clear
Did SSO reach surface waters? Yam El No ❑ Unknown Volume reaching surface waters (gets): 3665
Surface water name: Regency Park Lake
Did the SSO result in a fish kw? o Yee No Unknovm HYes, what is the estimated number of fish killed?
SPECIFIC cause(s) of the SSO:
gnj Roofs ® Debris In fins
24 hour verbal notification (name of person contacted ): Marianne Nicholaysan
DWR Emergency Mont Date (mm-dd-yyy) 02/13/2022 Time (hh:mm AWPM): 10:36:00 am
If en SSO is ongoing, please notify the appropriate Regional Office on a dolly basis until SSO can be stopped.
Per G.S.143-215.1C(b), the responsible party of a discharge 011,000 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 Mere the discharge occurred. When 15,000 gallons or mom of untreated wasfawater orders surface
waters, a gghlkinglIga shill be published within 10 days and proof of publication shag be provided to the Division wltltin 30
days. Refer to Ore reference statute for fuller dotal.
ilje Director —Division gf Water 11esqurces. mar talc, enfaoanent action for jISOa that are reaulred to be mooted to
Division unless It k demonstrated that
1) the discharge was cause by sever natural conditions end there were no feasible alternative to the discharge; or
2) the discharge was exceptional, unintentional, temporary and paused by factors beyond the reasonable control of the
Pert dttee and/or owner, and the discharge could not have been prevented by the exendee of reasonable control.
Part 11 must be completed to provide a Justlflcallon claim for either of the above situations. This information will be the basis
A SMAINENJIMMIREPAT THE 11Q D!r TNI8
CS-SSO Form
Page: 1

PART II:
ANSWER THE FOLLOWING QUESTIONS FOR EACH RELATED CAUSE CHECKED IN PART 1 OF THIS FORM AND
INCLUDE THE APPROPRIATE DOCUMENTATION AS REQUIRED OR DEBttlED
COMPLETE ONLY THOSE SECTONS PERTAINING TO THE CAUSE OF THE 880 Aa cHECKED IN PART 1
(in the check boxes bylaw, NA ■ Not Appllesbli and NE v Not Evaluated)
A HARDCOPY OF THIS FORM SHOULD BE SUBMITTED TO THE APPROPRIATE OWR REGIONAL OFFICE UNLESS W
822111
Do you have an active root control program on the line 1 arse in question? ® Yes ❑ No 0 NA ❑ NE
Describe
This sewer Rne moment is anrantly on a mot treatment omurpm. ChemIcah i t treatment applied lumina 2018 and
Jersue!v
Have cleaning and inspections ever been Increased at this location because of roots' ® Yes ❑ No 0 NA ❑ NE
Explain:
Dile line SeQrnialEgillajrade VCR Leine alarm inwrected and clegrod an a 2-vvr
What oonactive actions have been accomplished at the SSO location (and
surrounding system if associated with the SSO)?
This sewer Tine was Netted to ge@Luigirools and block/Ng. A video Inspection was oleo conducted to ensure roots were
reggved. We win continue to keeolhispgp I i our chemlcsl rpot_traotment cr. romN
What corrective actions are planned at the SSO location to reduce root inbuslon?
The area is being assessed for on additional chemical rogt treatment In addltloq to the angina That has occurred. This
j(CP sewer Iinawlti corllnuo to be cleaned and Inspected anon Increased 2-year cola,
Has the Mne been smoke tested or Wooed within the past year? ❑ Yes ® No ❑ NA d NE
If Yes, when?
Comments:
This sewer line was cleaned, and video inspected on Mav 13. 2020 in conluncllon with our 2 year cleaning and inspection
grooram. A sewer line easement inspection and manhole inspections were performed an September 27.2021,
System Visitation
ORC ®Yee
Backup [] Yes
Name:
IkalikliamEb
Corti
IMRE
Date vleited:
CS-SSO Fomi Page: 2

Hove leaning and inspections ever been Increased at this location due to previous ❑ Yee ® No p NA p NE
problems with debris?
Explain:
No hisIQty.of debris orggigme were identiiled in this areaof Iha sewer stem.
Are appropriate educational materials being developed and distributed to prevent tub ® Yes No n NA ❑ NE
similar occurrences?
Comments:
Public education and responsible wastewater dos are being dlsgibuled via Nextdoor to area residents,
Svggem Visitat pi
ORC ® Yes
Backup
Name:
Dondd timflh
Ceti#
Min
Date visited:
zinfign
Yes
Time visited:
Mad
How was the SSO remedtated (I.e. Stopped and deemed up)?
The blockage was c?egred at 9:30 PM on V12/2024 using a hydraulic jffi truck. Wastrgypter around the spill site_wss
pumped back Into the jpwer avatem for (bonsai ant debris nicked up. The creek vaLtemooradIv dammed and mumps
setuo downstream. Dechlorinated water was used to (bush the sail sikand creak with aj water belm oymned to sewer 19
treatment. All sewer was contained in the creak which was not flowing. The gaiter sold was intersected in the c sek_and n
sewer Machined into the downjtream Regency Park Lake. Powdered lime was anolled at the pil site to twat the Roll.
Conductivity readings in the creeture used tic' identify the snit end for cteenuo eons,
As a representative for the responsible party. I certify that the information contained In this report le true and accurate to the
best of my Imowledge.
Person aubmgting claim: Donald Bradley Smith _ Date: 02f117/22 01:00 pm
Signature:
Telephone Number.
(41``26 4e4-409c-
Title: 1..)u ld► " . �..�
My addition information desired to be submitted should be sent to the approp ate Dhrleton Regional Office wghin five days of f
knowledge of the SSO with reference to the incident number (the inddent number is only generated when elsedronlc entry of th
form Is completed, If used).
CS-SSO Form Page: 3