WQCSD0750_DV-2022-0120_20221026

DIVISION OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT
Violator: Jones Estates Pace LLC
Facility Name: Pace Mobile Home Park
Permit Number: WOCSD0750
County: Johnston
Case Number: DV-2022-0120
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 unknown amount of sewage flowed from a clean -out beneath a trailer due to a blockage in the line. An unknown
amount of sewage flowed into an unknown tributary to Buffalo Creek, class C; NSW in the Neuse River Basin. Increased
nutrients and pathogens to surface waters, c-G vl C4 h r 4 (.44,1-cr ,a.,,,e.4, j J 54.r..4,,, va. j
V 1 a 1."1`3 A S,
2) The duration and gravity of the violation;
The SSO started 05.25.2022 at 12:00 am and ended the same day at 5:00 pm. Unknown volume to surface waters.
Nutrients and pathogens to surface waters.
3) The effect on ground or surface water quantity or quality or on air quality;
Nutrients and pathogens to surface waters which could cause water quality stream violations.
4) The cost of rectifying the damage;
The cost 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;
This is the Pace MHP's first enforcement, i K re .OordJ Co 5,144 +. S 3 •
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

1
-

ROY COOPER
Governor
ELIZABETH S. BISER
Secretory
RICHARD E. ROGERS, JR.
Director
Certified Mail # 7020 3160 0000 4109 0546
Return Receipt Requested
Kellen P Buss, Director Infrastructure Site
Jones Estates Pace LLC
176 Mine Lake Ct. #100
Raleigh, NC 27615
NORTH CAROLINA
Environmental Quality
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. WQCSD0750
Jones Estates Pace LLC
Pace Mobile Home Park
Case No. DV-2022-0120
Johnston County
Dear Mr. Buss:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $286.57 ($250.00 civil penalty f
$36.57 enforcement costs) against Jones Estates Pace LLC.
This assessment is based upon the following facts: a review has been conducted of the Sanitary Sewer Overflow (SSO)
5-Day Report submitted by Jones Estates Pace LLC. This review has shown the subject facility to be in violation of the
requirements found in Collection System Permit No. WQCSD0750 and G.S. 143-215.1(a)(1). The violation that
occurred are summarized in Attachment A to this letter.
Based upon the above facts,l conclude as a matter of law that Jones Estates Pace LLC violated the terms, conditions or
requirements of Collection System Permit No. WQCSD0750 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 EmrkamxntaI Quality ! Division of Water Resource,
Raklph Re91onal Office I MOO Sancti Drive ' Raklph North Carodu 27609
919.791.4200

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, I, Scott
Vinson, Regional Supervisor, Raleigh Regional Office hereby make the following civil penalty assessment against Jones
Estates Pace LLC:
$250.00 For 1 of the 1 violations of Collection System Permit No. WQCSD0750 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 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)
(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) 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 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

Option 3: File a petition for an administrative hearins 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
Laserfiche

JUSTIFICATION FOR REMISSION REQUEST
Case Number: DV-2022-0120
Assessed Party: Jones Estates Pace LLC
Permit No.: WQCSD0750
County: Johnston
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 (the 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 (i.e., 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 JOHNSTON
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST
Jones Estates Pace LLC
Pace Mobile Home Park
PERMIT NO. WQCSD0750
WAIVER OF RIGHT TO AN
ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
CASE NO. DV-2022-0120
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
ADDRESS
TELEPHONE
SIGNATURE

l

PERMIT NO: WQCSD0750
FACILITY: Pace Mobile Home Park
Other Violations
ATTACHMENT A
Jones Estates Pace LLC
CASE NUMBER: DV-2022-0120
INCIDENT VIOLATION
NUMBER DATE VIOLATION TYPE
VIOLATION DESCRIPTION
REGION: Raleigh
COUNTY: Johnston
TOTAL VOLUME PENALTY
AMOUNT
(GALLONS)
202200791 5/25/2022 CSO/SSO(Sewer Overflow) Discharge without valid permit
(A r X(+w w r► 4 . $250.00
I V. ob, 001-2
6o.

4

ROY COOPER
Governor
EUZABETH S. BMSER
stormy
RICHARD E. ROGERS. JR.
Director
Certified Mall f 7020 3160 000(049211126
Kellen P Buss, Director Infrastructure Site
Jones Estates Pace LLC
2310 S Miami Blvd Ste 238
Durham, NC 27703
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July 12, 2022 f% esisies,
SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE
Tracking No.: NOV-2022-DV-0192
Sanitary Sewer Overflows - May 2022
Collection System Permit No. WQCSD0750
Pace Mobile Home Park
Johnston County
Dear Mr. Buss:
Pa.mt.k
Fltr.
kdl / Buse ON thaprrrmr. tits
hams tutu Pecs LLC
2310SPAWN Net Ste III
Durham, MC 27703
WQ: NOYAMant to lump CH h40400/-20224H-0192
Sndtery Sewer Neigh Nave Perk
Mee 7020 31f0 00001103 1S2e Y-07/13/2022
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Mov 1GT,
CIVIL PENALTY
A review has been conducted of the self -reported Sanitary Sewer Overflows (SSO's) 5-Day Reports submitted by
Jones Estates Pace LLC. The Division's Raleigh Regional Office concludes that the Jones Estates Pace LLC violated
Permit Condition I (2) of Permit No. WQCSD0750 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 Jones Estates Pace LLC an opportunity to provide evidence and
justification as to why the Jones Estates Pace LLC should not be assessed a civil penal for the violation s that
are summarized below:
Inddent Start
Number Date
SENDER: CCW,.,, 'LF rf rrar.; SEC71Cir1
Duration • Complete nerve 1, 2, and 3.
(Mins) L ocei ■ Prim your name end addrem on the ievierse
so that we can return the card to you.
202200791 5/25/2022 1,020 dean • Attach this mud to the heck of the mallpiece,
or on the front If apace permits.
under 1. mew Addressed t
Bel P Buse Stir Infrastructure Site
Series Estates Pace LLC
23101 Muni WA Ste 23B
Durknp.NC27703
WQ:110V/lntent to hem tar PerinNOV•2022-0V-0192
S.nhary Serer Owerfleee/WQCSD0750/P.ae Ma60. Home Perk
Stec 70201160 0000 4109 112i M-07/1;/2022
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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: WQCSD0750 (WQCS# if active, otherwise use WQCSD#)
Facility: Pace Mobile Home Park Incident #: 202200791
Owner: Jones Estates Pace LLC
City: Archers Lodge
County: Johnston Region: Raleigh
Source of SSO (check applicable): El 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): clean out from underneath trailer
Manhole #:
Latitude (Decimal Degrees): Longitude (Decimal Degrees):
Incident Started Dt: 05/25/2022 Time: 12:00 am Incident End Dt: 05/25/2022 Time: 05:00 pm
(mm-dd-yyyy) (hh:mm AM/PM) (mm-dd-yyyy) (hh:mm AM/PM)
Estimated Volume of the SSO: -1
gallons Estimated Duration (Round to nearest hour): 17:0 hours
Describe how the volume was determined:
Weather conditions during the SSO event:
Did SSO reach surface waters? E,I Yes ❑ No ❑ Unknown Volume reaching surface waters (gals): (1)
Surface water name: Buffalo Creek (Wendell Lake)
Did the SSO result in a fish kill? ❑ Yes ❑ No El Unknown If Yes, what is the estimated number of fish killed?
SPECIFIC cause(s) of the SSO:
Er Debris in line
24 hour verbal notification (name of person contacted ): Mitchell S Hayes
El DWR E] Emergency Mgmt Date (mm-dd-yyy): 05/26/2022 Time (hh:mm AM/PM): 09:00:00 am
If an SSO is ongoing, please notify the appropriate Regional Office on a daily basis until SSO can be stopped.
Per G.S. 143-215.1C(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 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
Debris in line
What type of debris has been found in the line?
See Hard Copy of 5-day in LF
Suspected cause or source of debris.
See Hard Copv of 5-day in LF
Are manholes in the area secure and intact? ❑ Yes ❑ No ❑ NA ❑ NE
When was the area last checked/cleaned?
Have cleaning and inspections ever been increased at this location due to previous ❑ Yes ❑ No ❑ NA ❑ NE
problems with debris?
Explain:
See Hard Copy of 5-day in LF
Are appropriate educational materials being developed and distributed to prevent futi ❑ Yes ❑ No ❑ NA ❑ NE
similar occurrences?
Comments:
See Hard Copy of 5-day in LF
System Visitation
ORC
Backup
Name:
Cert#
Date visited:
Time visited:
How was the SSO remediated (i.e. Stopped and cleaned up)?
See Hard Copy of 5-day in LF
❑ Yes
❑ Yes
CS-SSO Form Page: 2

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: Date:
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

ROY COOPER
Downer
EUZABETH S. BISER
srawary
RICHARD E. ROGERS, JR.
Director
Certiflgd Mall # 7020 3160 0000 4109 612a
ESIUMAIISISABSSUIRENd
Kellen P Buss, Director Infrastructure Site
Jones Estates Pace LLC
2310 S Miami Blvd Ste 238
Durham, NC 27703
NORTH CAROLINA
dal Quality
July 12, 2022
SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY
Tracking No.: NOV-2022-DV-0192
Sanitary Sewer Overflows - May 2022
Collection System Permit No. WQCSD0750
Pace Mobile Home Park
Johnston County
Dear Mr. Buss:
A review has been conducted of the self -reported Sanitary Sewer Overflows (SSO's) 5-Day Reports submitted by
Jones Estates Pace LLC. The Division's Raleigh Regional Office concludes that the Jones Estates Pace LLC violated
Permit Condition I (2) of Permit No. WQCSD0750 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 Jones Estates Pace LLC an opportunity to provide evidence and
justification as to why the Jones Estates Pace LLC should not be assessed a civil penalty for the violation(s) that
are summarized below:
inddent Start Duration
Number Date (Mlns) Location Cause
202200791 5/25/2022 1,020 dean out from Debris in line
underneath trailer
Total Vol
Total Surface
Vol Water
(Gals) (Gals) DWR Action
unknown unknown Notice of Violation -
Notice of Intent
NenhCanine oryrrMrriariwMww roianI OteldononihowR..m.ees
Ralegh Iteplogill Oilier 11e00 Swett Drive I Add" Novi MOW Mb0la
9147114200

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 closures. 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 RIe
Laserflche
Sincerely,
Scott Vinson, Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ
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Details 1
Details 2
Class.iDesig. Events
Reg. Activities
At
Permit:
WQCSD0750
Version: 11.0 I Status:
Permit Type: Deemed permitted collection system management and operation
Permit Classification:
Program Category
Facility:
Owner.
Issued:
Effective:
Expire:
SOC:
ndividual
Non -discharge
Pace Mobile Home Park
Jones Estates Pace LLC
05f25f2022
05/25/2022
•ictm)
Primary Related Permit:
Retails_..
— Dates --
Orig Issued:
Statutory:
Inactive:
Details...
05f25f2022
08/23/2022
Last Updated By Jason.rob#nson
DgtaEls_,_
Adman Region: Raleigh
County: Johnston
Project Type: New Project
❑ Major Permit
❑ Has Subsurface Drains
Irac
0 New Farm 0 Existing Farm Farm #:
❑ Innovative Avail. Acres:
0 Rainbreaker Device
❑ OIC Present
Last Updated On: 15/25/2022 10:40 AM

SECTION .0400 — SYSTEM -WIDE COLLECTION SYSTEM PERMITTING
15A NCAC 02T .0401 SCOPE
The rules of this Section apply to system -wide collection systems pursuant to G.S. 143-215.9B, where the Director may
issue system -wide permits for collection systems relating to operation and maintenance of sewers, pump stations, force
mains and all appurtenances.
History Note: Authority G.S. 143-215.1(a); 143-215.3(a); 143-215.9B;
Eff. September 1, 2006.
15A NCAC 02T .0402 DEFINITIONS
The following definitions are used in this Section:
(1)
"Collection system" means a public or private sewer system, consisting of sewer lines, force mains, pump stations
or any combination thereof that conveys wastewater to a designated wastewater treatment facility or separately -
owned sewer system. 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.
(2) "High -priority sewer" means any aerial sewer, sewer contacting surface waters, siphon, sewer positioned parallel
to stream banks that is subject to erosion that undermines or deteriorates the sewer, or sewer designated as high
priority in a Division issued permit where the sewer does not meet minimum design requirements.
History Note: Authority G.S. 143-215.1(a); 143-215.3(a); 143-215.9B;
Eff. September 1, 2006.
15A NCAC 02T .0403 PERMITTING BY REGULATION
(a) Collection systems having an actual, permitted or Division approved average daily flow Tess than 200,000
gallons per day are deemed permitted pursuant to Rule .0113 of this Subchapter provided the system meets
the criteria in Rule .0113 of this Subchapter and all specific criteria required in this Rule:
(1)
The sewer system is effectively maintained and operated at all times to prevent discharge to land or
surface waters, and to prevent any contravention of groundwater standards or surface water standards.
(2) A map of the sewer system has been developed and is actively maintained.
An operation and maintenance plan including pump station inspection frequency, preventative
maintenance schedule, spare parts inventory and overflow response has been developed and
implemented.
(4) Pump stations that are not connected to a telemetry system (i.e., remote alarm system) are inspected by
the permittee or its representative every day (i.e., 365 days per year). Pump stations that are connected
to a telemetry system are inspected at least once per week.
High -priority sewers are inspected by the permittee or its representative at least once every six -months
and inspections are documented.
(6) A general observation by the permittee or its representative of the entire sewer system is conducted at
least once per year.
(7) Overflows and bypasses are reported to the appropriate Division regional office in accordance with 15A
NCAC 028 .0506(a), and public notice is provided as required by G.S. 143-215.1C.
(8) A Grease Control Program is in place as follows:
(A) For publicly owned collection systems, the Grease Control Program shall include at least bi-annual
distribution of educational materials for both commercial and residential users and the legal means
(3)
(5)

(9)
to require grease interceptors for new construction and retrofit, if necessary, of grease interceptors
at existing establishments. The plan shall also include legal means for inspections of the grease
interceptors, enforcement for violators and the legal means to control grease entering the system
from other public and private satellite sewer systems.
(B) For privately owned collection systems, the Grease Control Program shall include at least bi-annual
distribution of grease education materials to users of the collection system by the permittee or its
representative.
(C) Grease education materials shall be distributed more often than required in Parts (A) and (B) of this
Subparagraph if necessary to prevent grease -related sanitary sewer overflows.
Right-of-ways and easements are maintained in the full easement width for personnel and equipment
accessibility.
(10) Documentation shall be kept for Subparagraphs (a)(1) through (a)(9) of this Rule for a minimum of three
years with exception of the map, which shall be maintained for the life of the system.
(b) Private collection systems on a single property serving an industrial facility where the domestic wastewater
contribution is less than 200,000 gallons per day shall be deemed permitted.
(c) The Director may determine that a collection system should not be deemed to be permitted in accordance
with this Rule and Rule .0113 of this Subchapter. This determination shall be made in accordance with Rule
.0113(e) of this Subchapter.
History Note: Authority G.S. 143-215.1(a); 143-215.3(a); 143-215.9B;
Eff. September 1, 2006.
15A NCAC 02T .0404 MULTIPLE COLLECTION SYSTEMS UNDER COMMON OWNERSHIP
If a public entity owns multiple but separate collection systems (i.e., tributary to separate plants) and any one is subject
to an individual permit, all collection systems shall be covered under one permit. This shall not be applicable to public
utilities authorized to operate by the North Carolina Utilities Commission who own several individual systems within the
state.
History Note: Authority G.S. 143-215.1(a);143-215.3(a); 143-215.9B;
Eff. September 1, 2006.
15A NCAC 02T .0405 IMPLEMENTATION
(a) Permit applications for the initial issuance of a collection system permit shall be completed and submitted to the
Division within 60 days of the collection system owner's certified mail receipt of the Division's request for
application submittal. Permit renewal requests shall be submitted to the Director at least 180 days prior to
expiration, unless the permit has been revoked in accordance with 15A NCAC 02T .0110. All applications must be
submitted in duplicate, completed on official forms, and fully executed.
(b) Collection systems subject to an individual permit shall comply with the standards in Rule .0403 of this Section until
such time as their individual permit is issued.
History Note: Authority G.S. 143-215.1(a); 143-215.3(a); 143-215.9B;
Eff. September 1, 2006.