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
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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
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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
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Option 2: Submit a written request for remission or mitigation including a detailed justification for such
request:
Please be aware that a request for remission is limited to consideration of the five factors listed below as they may
relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper
procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in
the civil penalty assessment document. Because a remission request forecloses the option of an administrative hearing,
such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation and
agreement that no factual or legal issues are in dispute. Please prepare a detailed statement that establishes why you
believe the civil penalty should be remitted and submit it to the Division of Water Resources at the address listed below.
In determining whether a remission request will be approved, the following factors shall be considered:
(1) whether one or more of the civil penalty assessment factors in NCGS 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
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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
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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:
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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
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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
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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: 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).
CS-SSO Form Page: 4
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ROY COOPER.
Governor
EUZABETH S. BISER
Searing
RICHARD E. ROGERS, JR.
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)
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