WQCS00173_NOV-2022-DV-0233_20220913 RSP

NC Dept of Environmental Qoaitt;
SEP 15 2022
Raleigh Regional Office
September 13, 2022
NC DWR/Raleigh Regional Office
Attn: Scott Vinson
3800 Barrett Drive
Raleigh, NC 27699
Subject: NOV Response
NOV-2022-DV-0233
Sanitary Sewer Overflow — July 2022
Kenly Collection System -- WQCS00173
Johnston County
Dear Mr. Vinson,
The Town is in receipt of your NOV & Intent to Issue Civil Penalty dated August 18, 2022 for
a Sanitary Sewer Overflow (SSO) that occurred on July 19, 2022. The stated violation is that the
Town "failed to effectively manage, maintain, and operate their collection system so that there is
no SSO to the land ...". We are requesting that no civil penalties be issued and offer the following
comments in support of our request:
• The Town has properly maintained the collection system as evidenced by the lack of
reportable SSOs that have occurred from the system,
• The reported SSO was the result of a force main break. There are no standard specific
preventative maintenance procedures for force mains. Routine visual observations and lift
station operational anomalies are usually the indicators of problems.
• On the day of the SSO, there was a high-level alarm at the Little River LS. In responding
to the alarm, the area of the line break was passed and there was no indication of an SSO
at that time. The LS was checked and verified that the pumps were working properly.
Control floats were checked to determine if any were defective, particularly the high-level
float. Floats were repositioned and the LS was operational. When leaving the LS, the
respondent looked up the road (force main parallels the road) and observed water in the
road. It was quickly determined that the force main was leaking. The pumps were
immediately cut off and response and repair procedures were started.
• The Town had developed a Response Action Plan as required by the permit and it was
utilized for the SSO.
• Some of the costs the Town incurred include:
o $2,100.00 for hauling to prevent the LS from overflowing,
o $10,500.00 for repair services,

o $400.00 for remediation of spill area,
0 25 man hours from Town staff
• The Town acted quickly to minimize the amount of the spills and started response actions
in a timely manner.
• All SSO reporting requirements were met.
• The SSO, being a force main break, was not the result of the Town failing to perform any
preventive maintenance procedures. The Town has developed and implemented policies
and plans as required by the permit which helped in responding to the SSO.
• No environmental impacts were observed as a result of this SSO.
The Town certainly regrets that a spill occurred, but feels that it was not due to any inaction on the
part of the Town. We ask that the State not issue a civil penalty this case. We appreciate your
consideration of this request.
Since ly,
Tony ears, Interim Town Manager
Town of Kenly

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August 18, 2022
Justine Jones, Town Manager
Town of Kenly
207 West Second Street
Kenly, NC 27542
NC Dept of Environmental Qualk
SEP 15 7M
Raleigh Regional Office
SUBJECT: NOTICE OF VIOLA71ON alit INTENT TO ISSUE CML PENALTY
Traddng No.: NOV-2022-DV-0233
Sanitary Sewer Overflows - July 2022
Collection System Permit No. WQCS00173
Kenly Collection System
Johnston County
Dear Ms. Jones:
A review has been conducted of the self -reported Sanitary Sewer Overflows (SSO's) 5-Day Reports submitted by
Town of Kenly. The Division's Raleigh Regional Office concludes that the Town of Kenly violated Permit Condition I
(2) of Permit No. WQCS00173 by flailing 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 Kenly an opportunity to provide evidence and justification as
to why the Town of Kenly should not be assessed a civil penalty for the violation(s) that are summarized below:
Total Vol
Taltal Surface
Incklent Start Duration Vol Water
Number Date (Nlns) Location Cause (Gals) (Gals) DWR Action
202201128 7/16/2022 330 94-526 Richardson Dr, Pipe Failure (Break) 2,500 undetermined Notice of Violation
Kenly, NC, 27542
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
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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 [e-mail].
Sincerely,
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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