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HomeMy WebLinkAboutWQCS00005_DV-2022-0119_20221026DIVISION OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT Violator: City of Durham Facility Name: Durham Collection System Permit Number: WOCS00005 County: Durham Case Number: DV-2022-0119 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; An estimated 2,500 gallons flowed from a manhole into South Ellerbee Creek caused from a blockage in the line due to grease and roots. All 2,500 gallons flowedinto South Ellerbee Creek. Nutrients and pathogens to surface waters,. ,,,,k C� k �- J'�'1 e-a fro. S .1.0, „Apedl V 2 . 2) The duration and gravity of the violation; The SSO started beginning 05.02.2022 at 6:25 pm and ended the same day at 8:30 pm. 3) The effect on ground or surface water quantity or quality or on air quality; The effect on surface water quality include increased nutrients and pathogens which could cause water quality stream violations. 4) The cost of rectifying the damage; The cost to remediate the SSO was $6,582.14. 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 5 enforcement cases for the past 12 months. 8) The cost to the State of the enforcement procedures. $36.57 Date Scott Vinson, Regional Supervisor Water Quality Regional Operations Section Raleigh Regional Office Division of Water Resources, NCDEQ u• I r . •_, II , _ I r PE Pr - - ,rti 1.11(4 a I a WI '•_.I MO IF - IN ROY COOPER Governor ELIZABETH S. BISER Secretary RICHARD E. ROGERS, JR. Director Environmental Quality Certified Mail # 7020 3160 0000 4109 0539 Return Receipt Requested Donald F Greeley, Director City of Durham 101 City Hall Plaza Durham, NC 27701-3329 NORTH CAROLINA October 26, 2022 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. WQCS00005 City of Durham Durham Collection System Case No. DV-2022-0119 Durham County Dear Mr. Greeley: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $286.57 ($250.00 civil penalty + $36.57 enforcement costs) against City of Durham. 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 Durham. This review has shown the subject facility to be in violation of the requirements found in Collection System Permit No. WQCS00005 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 City of Durham violated the terms, conditions or requirements of Collection System Permit No. WQCS00005 and G.S. 143-215.1(a)(1) in the manner and extent shown in Attachment A. In accordance with the maximums established by G.S. 143-215.6A(a)(2), a civil penalty may be assessed against any person who violates the terms, conditions or requirements of a permit required by G.S. 143-215.1(a). North Carolina Department of Environmental Qpaltty I Division of Water Resources Raleigh Regional Office 13800Barrett Drive i Raleigh, North Carolina 27609 919.7914200 II le• • • •••• • • Ave.-. 47—•• '2' A , •• • . . . 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 Durham: $250.00 For 1 of the 2 violations of Collection System Permit No. WQCS00005 and G.S. 143-215.1(a)(1) for Sanitary Sewer Overflow(s) resulting in a discharge without a valid permit. $250.00 TOTAL CIVIL PENALTY $36.57 Enforcement Costs $286.57 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. 143B-282.1(b), which are: (1) (2) (3) (4) (5) (6) (7) (8) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation; The duration and gravity of the violation; The effect on ground or surface water quantity or quality or on air quality; The cost of rectifying the damage; The amount of money saved by noncompliance; Whether the violation was committed willfully or intentionally; The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and The cost to the State of the enforcement procedures. Within thirty (30) days of receipt of this notice, you must do one of the following: (1) (2) (3) Submit payment of the penalty, OR Submit a written request for remission, OR 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 ■ ■ ■ ■ ■• ■� ■ ■ ■ r ■ 1 • • .1.3 iski 11) 1v • . I. 1 ■ .1. . i . - 6 i1 ■ -I • 1rn • • 41. .dif. 4111'.11 m• li • ••r1 • ml • Im • • • • • in •zi ••• ..• Iti�o*krir ifs rtm .4 •r - -1 t■ �� ,� 1 I▪ • III ... - - .1• 1 '■ L. ■ • t.... • • - t ■ZMl• ■ • • • !iiii3; • • •_ • r PII r.1 _ • • _ L.. •N • • • • • .• • .110 • • • 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 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 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 7 • ■ ■ ■ ■ mom - ■ ■ - II 1 ■ I I • 1 I .III 1 I:: 1 M Mil ■ • ■I • • ■em . • ■ - l• • - •• ■ T = - • • III = r1�■ • .. = • ME Ell m6411. • ME • • • ■ ■ • • ME Nrorl= .7 , - 1r la RI _ LI_ _ ■fIn • ■ \I I� I R :•:'.-I- ll1 ■ - - - • _M , 1 II I` I JI I 1,-':i I • 1 1 m, Ir P._ • ME 'IN 1 M 1 . a ii. i I: MI 1 . 1 : 1 1 - ILI - • I.:. :111-•14; 1. _ _ I• :-.«-: 1 1 .1 1111 I:11 I ■ rI• •A ■ ii1_ II I mi I I 1 ' 1 • -'ill mom mi I ,1 91. • - • • • is • •.▪ • I •.. ■ Ile - ) 40 • mm1.21.- • im 1011 m 5ii am m. •• • 1 :711:11:!: R • • • I ! II IaI1 - ■7 • 1■ . •• — ■11� ::11i ME■ Iti r■ ■■■ • • 011. '• • • ;10: 'I • i • ..1■1■-e.1r■Z •■ rJ1J-■ ■ 1 ; ■ ■ ■ ■ . ` 1 • • ■■1 • • 11 ■ ` ti • r Option 3: File a petition for an administrative hearing with the Office of Administrative Hearings: If you wish to contest any statement in the attached assessment document, you must file a petition for an administrative hearing. You may obtain the petition form from the Office of Administrative Hearings. You must file the petition with the Office of Administrative Hearings within thirty (30) days of receipt of this notice. A petition is considered filed when it is received in the Office of Administrative Hearings during normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for official state holidays. The petition may be filed by facsimile (fax) or electronic mail by an attached file (with restrictions) - provided the signed original, one (1) copy and a filing fee (if a filing fee is required by NCGS § 150B-23.2) is received in the Office of Administrative Hearings within seven (7) business days following the faxed or electronic transmission. You should contact the Office of Administrative Hearings with all questions regarding the filing fee and/or the details of the filing process. The mailing address and telephone and fax numbers for the Office of Administrative Hearings are as follows: 6714 Mail Service Center Raleigh, NC 27699 6714 Tel: (919) 431-3000 Fax: (919) 43 I -3100 One (1) copy of the petition must also be served on DEQ as follows: Mr. William F. Lane, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, North Carolina 27699-1601 Please indicate the case number (as found on page one of this letter) on the petition. Failure to exercise one of the options above within thirty (30) days of receipt of this letter, as evidenced by an internal date/time received stamp (not a postmark), will result in this matter being referred to the Attorney General's Office for collection of the penalty through a civil action. Please be advised that additional penalties may be assessed for violations that occur after the review period of this assessment. If you have any questions, please contact Mitchell Hayes with the Division of Water Resources staff of the Raleigh Regional Office at (919) 791-4200 or via email at mitch.hayes@ncdenr.gov. Sincerely, Scott Vinson, Regional Supervisor Water Quality Regional Operations Section Raleigh Regional Office Division of Water Resources, NCDEQ ATTACHMENTS Cc: WQS Raleigh Regional Office - Enforcement File Laserfiche II ■ •Ili I-'i ''.11 ■11■ -- ■ ■ II - ■ ■ ■ ■ I I ■ II ■ • ■ ■ _ ■ ■ ■ ■ _ - ■ ■ ■ .0. ■ m MINV ir • ■ ■ mm. 1 7• N••• ri - -I m i. Ls • .1111 ■ � 11■ I • • m I T• . l' II - M - 1 - 11 - .• ■ 1 ■ 111-i- ■ J11 -...-. • • IJ� 1. • . • ••0 •- ff • • • r Apr al • • • ■ ■ r • ■0 1 ■I I i zi. • 14 • ■1�AL J • ■ 1 • 11 •■•.• 1 • ' ■ ■ •• Elk ot • • ■ • • - �` _■_ - • • • ■ .■ f• - 1�1'1 • �. .� ▪ r 1• I • • • • • -• -••- --- 1 •I• F "■1 —1 -■ -• ■ • • ■ -; • •• • • . 1 • • • • ▪ 1 1■ ' Y r'•' ■ 1 ■■ • • ■— ■ 111•1111 • • • JUSTIFICATION FOR REMISSION REQUEST Case Number: DV-2022-0119 Assessed Party: City of Durham Permit No.: WQCS00005 County: Durham 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 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 lthe assessment factors are listed in the civil penalty assessment document); (b) the violator promptly abated continuing environmental damage resulting from the violation (Le., 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 (Le., 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: ■ ■ I• ■I'- - ■ ■ ■ I ■ ■ II II I� ■ - ■ 1 4 NV 1 -L1• ■■• • II 11 - 11 . ■- 1• ■ N. e. ■ ■ ■ ■ 1 ! • eflaili ■ • -•M • - =I= • • - • • ■■ .rox■1 ■ - II --■▪ ' • II % N yI ■ ■ ■ ■ i -■ • 1 ■ IL ■I ■ ■ 01.-10.1-1 i El I ld . & • • _. • • , • ■ • • • ■1r. ••r—■■ •■■ ■ 1 ■ . .it ' 1Trt — - ■■ -. :11pi • • ■ .1.1..1- - :r■ II •• • • • • • • • ■ ■ ■ ■ • ■ • •• •. ■ ■ - • • L .. 9111% . adi ;:i • • • •• • • STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY COUNTY OF DURHAM IN THE MATTER OF ASSESSMENT OF CIVIL PENALTIES AGAINST City of Durham Durham Collection System PERMIT NO. WQCS00005 WAIVER OF RIGHT TO AN ADMINISTRATIVE HEARING AND STIPULATION OF FACTS CASE NO. DV-2022-0119 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 October 26, 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 ihI ■ ■ ■ ■ ■ 1 ■N. 1� 1 1 • 1 • ■ • 1 • • • • ■ • 1 • ■ • • ■ • ■ • • • ■ ■ ■ • - • • • • i • • • • • ■[ • 1 • • • • • ■ 7 • • ■ ■ I.• • • • • • . 1 ■ • • I • • • PERMIT NO: WQCS00005 FACILITY: Durham Collection System Other Violations ATTACHMENT A City of Durham CASE NUMBER: DV-2022-0119 REGION: Raleigh COUNTY: Durham INCIDENT VIOLATION TOTAL VOLUME PENALTY NUMBER DATE VIOLATION TYPE VIOLATION DESCRIPTION (GALLONS) AMOUNT 202200695 5/2/2022 CSO/SSO(Sewer Overflow) Discharge without valid permit 2,500 $250.00 202200727 5/6/2022 CSO/SSO(Sewer Overflow) Discharge without valid permit 1,270 $0.00 ■ 1.'•• ■ 1■ 1. ■ • • L. • kr.1 • • 1■ • • ■ ■ �•- IN 191. ■ • ■ • nil r .� r1 i• 64, .ti. ■ IF T ■ 1 ■ 1 ti 1 ■ ■ ■ 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: WQCS00005 (WQCS# if active, otherwise use WQCSD#) Facility: Durham Collection System Incident #: 202200695 Owner: City of Durham City: Durham County: Durham Region: Raleigh Source of SSO (check applicable): 10 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): 1107 Lancaster St. Manhole #: 29766 Latitude (Decimal Degrees): Longitude (Decimal Degrees): Incident Started Dt: 05/02/2022 Time: 6:25 pm Incident End Dt: 05/02/2022 Time: 08:30 pm (mm-dd-yyyy) (hh:mm AM/PM) mm-dd-yyyy) (hh:mm AM/PM) Estimated Volume of the SSO: 2,500 gallons Estimated Duration (Round to nearest hour): 2:5 hours Describe how the volume was determined: 125 MINS X 20GPM =2500 TOTAL GALLONS Weather conditions during the SSO event: sunny Did SSO reach surface waters? [l Yes ❑ No ❑ Unknown Surface water name: Ellerbe Creek Volume reaching surface waters (gals): 2500 Did the SSO result in a fish kill? ❑ Yes El No ❑ Unknown If Yes, what is the estimated number of fish killed? SPECIFIC cause(s) of the SSO: Er Grease 0 Roots 24 hour verbal notification (name of person contacted ): Chris Creighton ❑ DWR [✓f Emergency Mgmt Date (mm-dd-yyy): 05/02/2022 Time (hh:mm AM/PM): 10:10:00 pm If an SSO is ongoing, please notify the appropriate Regional Office on a daily basis until SSO can be stopped. Per G.S. 143-215.1C(b), the responsible party of a discharge of 1,000 or more of untreated wastewater to surface waters shall issue a press release within 24-hours of first knowledge to all print and electronic news media providing general coverage in the county where the discharge occurred. When 15,000 gallons or more of untreated wastewater enters surface waters, a public notice shall be published within 10 days and proof of publication shall be provided to the Division within 30 days. Refer to the reference statute for further detail. The Director, Division of Water Resources, may take enforcement action for SSOs that are required to be reported to Division unless it is demonstrated that: 1) the discharge was cause by sever natural conditions and there were no feasible alternative to the discharge; or 2) the discharge was exceptional, unintentional, temporary and caused by factors beyond the reasonable control of the Permittee and/or owner, and the discharge could not have been prevented by the exercise of reasonable control. Part II must be completed to provide a justification claim for either of the above situations. This information will be the basis WHETHER OR NOT PART III IS COMPLETED, A SIGNATURE IS REQUIRED AT THE END OF THIS FORM CS-SSO Form Page: 1 PART il: ANSWER THE FOLLOWING QUESTIONS FOR EACH RELATED CAUSE CHECKED IN PART I OF THIS FORM AND INCLUDE THE APPROPRIATE DOCUMENTATION AS REQUIRED OR DESIRED COMPLETE ONLY THOSE SECTONS PERTAINING TO THE CAUSE OF THE SSO AS CHECKED IN PART I (In the check boxes below, NA = Not Applicable and NE = Not Evaluated) A HARDCOPY OF THIS FORM SHOULD BE SUBMITTED TO THE APPROPRIATE DWR REGIONAL OFFICE UNLESS IS Grease When was the last time this specific line (or wet well) was cleaned? 04/22/2019 Do you have an enforceable grease ordinance that requires new or retrofit of grease W Yes ❑ No ❑ NA ❑ NE traps/interceptors? Have there been recent inspections and/or enforcement actions taken on nearby ❑ Yes WI No ❑ NA ❑ NE restaurants or other nonresidential grease contributors? Explain. but they are scheduled to happen with in the next week Have there been other SSOs or blockages in this area that were also caused by ❑ Yes WI No ❑ NA ❑ NE grease? When? n/a If yes, describe them: n/a Have cleaning and inspections ever been increased at this location? ❑ Yes [ No ❑ NA ❑ NE Explain. Have educational materials about grease been distributed in the past? 121 Yes ❑ No ❑ NA ❑ NE When? on going and to whom? citizens Explain? on the city website, by mail, and by tv commercial. radio. more recently on earth day concert series at central park on 5/5/22 If the SSO occurred at a pump station, when was the wet well and pumps last checked for grease accumulation? n/a Were the floats clean? ❑ Yes ❑ No j 7 NA ❑ NE CS-SSO Form Page: 2 Comments: Roots Do you have an active root control program on the line / area in question? RI Yes C No (] NA E NE Describe annual cleaning via city staff and contracts Have cleaning and inspections ever been increased at this location because of roots El Yes RI No C NA E NE Explain: no previous need What corrective actions have been accomplished at the SSO location (and surrounding system if associated with the SSO)? Gravity main cleaning in the area has been started and cctv What corrective actions are planned at the SSO location to reduce root intrusion? Gravity main cleaning in the area has been started and cctv Has the line been smoke tested or videoed within the past year? f Yes 17 No D NA ❑ NE If Yes, when? Comments: System Visitation ORC 0 Yes Backup 17 Yes Name: JEREMY F FARLOW Cert# 1002725 Date visited: 05/02/2022 Time visited: 7:30PM - 12AM How was the SSO remediated (i.e. Stopped and cleaned up)? Creek tested 0 percent sewer creek damned and pumped into sewer manhole blockage cleared sewer main ietted and cleaned spill area cleaned by hand hvdrant meter set to flush affected storm drain and creek to pump location. CS-SSO Form Page: 3 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: Jeremy F Farlow Date: 05/05/22 11:47 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). 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Director wed Mail # 7020 3160 0000 4109 6081, RealIMAISSIteagalitatlffi Donald F Greeley, Director of Public Utilities City of Durham 101 City Hall Plaza Durham, NC 27701-3329 NORTH CAROLINA Enviromnental Quality June 22, 2022 SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY Tracking No.: NOV-2022-DV-0177 Sanitary Sewer Overflows - May 2022 Collection System Permit No. WQCS00005 Durham Collection System Durham County Dear Mr. Greeley: A review has been conducted of the self -reported Sanitary Sewer Overflows (SSO's) 5-Day Reports submitted by City of Durham. The Division's Raleigh Regional Office concludes that the City of Durham violated Permit Condition I (2) of Permit No. WQCS00005 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 City of Durham an opportunity to provide evidence and justification as to why the City of Durham 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 (Mins) Location Cause (Gals) (Gals) DWR Action 202200695 5/2/2022 125 1107 Lancaster St. Grease, Roots 2,500 2,500 Notice of Violation - Notice of intent 202200727 5/6/2022 140 633 Eastway Avenue Grease 1,270 1,270 Notice of Violation 202200752 5/13/2022 47 1310 Seaton Hall Roots 235 235 Notice of Deficiency Meth Otani Deportment dEmrar ley PhNlaedWow Respects .skghsegionsi011lor moossmteDehe 11.00 ►NorehCrwir2po9 9117111.4200 This Notice of Violation / Notice of Intent to Enforce (NOV/NOI) is being issued for the noted violation. Pursuant to G.S. 143-215.6A, a 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 decisions will also be based on volume spilled, volume reaching surface waters, duration and gravity, impacts to public health, fish kills or recreational area dosures. Other factors considered In determining the amount of the civil penalty are the violator's history of non-compllance, 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.hayesOncdenr.gov. Sincerely, Scott Vinson, Regional Supervisor Water Quality Regional Operations Section Raleigh Regional Office Division of Water Resources, NCDEQ Cc: Raleigh Regional Office - WQS File Laserfiche Korth Weir u.,....,.t EmerweitaalOwelliy Division .fwan.11e...r., IlrNghRwxwonb. 2w0Brnaod.e .reghgwghrwoln.2740, 9i11011.4200 ROY COOPER MICHAEL S. REGAN Secretary LINDA,CiJLPEPPER. Interim DIredor Mr. Donald F. Greeley Director of Water Management City of Durham 101 City Hall Plaza Durham, North Carolina 27701 Subject: Permit No. WQCS00005 City of Durham Durham Collection System Durham County . Dear Mr. Greeley: NORTH CAROLINA F.rtvirvitirrentof Qualtly August 16, 2018 In accordance with your application received August 9, 2018, we are forwarding herewith Permit No. WQCS00005, dated August 16, 2018, to the City of Durham for the operation and maintenance of the subject wastewater collection system. This permit shall be effective from August 16, 2018 until July 31, 2026 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 and any spedal conditions. Changes have been made to the boiler plate language of the permit. Most of the changes are for clarification purposes, however Condition 1(3) has been removed. The Department of Environmental Quality (DEQ) believes that condition was Included erroneously in previous permits. It was included based on proposed rulemaking by EPA which was never promulgated and, in the continued absence of Federal regulations, DEQ lacks authority to include such language in a permit. DEQ will continue to exercise enforcement discretion when evaluating sanitary sewer overflows that may be considered to be beyond the reasonable control of the Permittee. A highlighted copy of the permit identifying the changes made is available at: htto:I/ncdenr.s3.a mazonaws.com/s3fs- public/Water%20Quality/Su rface%20Water%20Protection/PERCS/WCS%20(Collection%20Svstem)/llpdated%20W QCS%20Tem plate%2015.05.18%20(hiahlighted).pdf 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, DL-._.'-5 North Carolina Department of Environmental Qualdy I Division of Water Resources 512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617 919.707.9000 Durham Collection System Permit No.WQCS00005 manage and transport wastewater to a wastewater treatment plant under the Permittee's ownership or maintained and operated by the Permittee through a perpetual legal agreement. Satellite systems are systems tributary to the Permittee's collection system but those collection systems are not owned or maintained by the Permittee. The system description provided on Page 1 of this permit Is meant to provide a general idea about the size of the system and may not be all inclusive of the collection system at the time of permit issuance or afterward. A discharge of wastewater to the environment from the Permittee's wastewater collection system prior to reaching the wastewater treatment facilities is referred to herein as a Sanitary Sewer Overflow (SSO). The evaluation of enforcement options after an SSO will be determined considering all relevant Information available or requested of the Permittee Compliance with all conditions of the permit as well as all statutes and regulations pertaining to the wastewater collection system must be maintained or appropriate enforcement actions may be taken as noted in Condition VI (2). A reportable SSO ss an SSO greater than 1,000 gallons to the ground or an SSO of any amount that reaches surface water (including through ditches, storm drains, etc.). Reporting requirements including the required verbal report and written report to the appropriate regional office are referenced in Condition IV (2). Form CS-SSO can be downloaded from the SSO Reporting area at: httu://ncdenr.s3.amazonaws.com/s3fs- public/Water%2oQuality/Su rface%2O Water%2OProtection/PE RCS/W CS%20(SSO%20Docu ments)/CS- SSO(2015).doc. A notice of deficiency (NOD), notice of violation (NOV), civil penalty, and/or a moratorium on the addition of waste to the system may be issued if adequate justification for an SSO is NOT submitted to the regional office. In order to submit a claim for justification of an SSO, you must use Part II of form CS-SSO with additional documentation as necessary. DWR staff will review the justification claim and determine if enforcement action is appropriate. Please be advised that the information needed to justify a spill is very comprehensive. if any parts, requirements, or limitations contained In this permit are unacceptable, you have the right to request an adjudicatory hearing upon written request within thirty days following the receipt of this permit. This request must be in the form of a written petition, conforming to Chapter 15013 of the North Carolina General Statutes, and filed with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699-6714. Unless such demands are made, this permit shall be final and binding. If you have questions regarding compliance, contact the appropriate regional office. If you need additional information concerning this permit, please contact Gwyn Ann McCullough at (919) 707-9130. Sincerely, ArsA4st. 4,4-4— for Linda Culpepper Interim Director, Division of Water Resources by Deborah Gore, Supervisor Pretreatment, Emergency Response, Collection System Unit enclosure: WQCS00005 cc: Raleigh Regional Office, Water Quality Regional Operations (electronic) Water Resources Laserfiche (electronic) Maureen Kinney, NC Operators Certification Program (electronic) PERCS Files (electronic) ` Q. 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