HomeMy WebLinkAboutWQCS00021_DV-2022-0140_20221206DIVISION OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT
Violator: City of Wilson
Facility Name: Wilson Collection System
Permit Number: WQCS00021
County: Wilson
Case Number: DV-2022-0140 incident number: 202200828
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;
8,600 gallons of sewage flowed into Juniper Swamp, class C; Sw, NSW, in the Neuse River Basin due to pipe failure.
Increased nutrients and pathogens to surface�rAA
waters. Water quality standard violations.G,vt
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2) The duration and gravity of the violation;
The SSO started 06.01.2022 at 02:30 pm and ended the same day at 07:00 pm. Water quality standard violations, increased
nutrients and pathogens to surface waters.
3) The effect on ground or surface water quantity or quality or on air quality;
Water quality standard violations, increased nutrients and pathogens to surface waters.
4) The cost of rectifying the damage;
The cost of rectifying he damage is approximately $11,000.
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 3 enforcements within the past 12 months.
8) The cost to the State of the enforcement procedures.
$36.57
2- _;2y .i,t.----------
Date Scott Vinson, Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ
.a
ItOY COOPER
Governor
ELIZABETH S. BISER
secretory
RICHARD E. ROGERS, JR.
Director
Certified Mail # 7020 3160 0000 4115 5504
Return Receipt Requested
Grant W Goings, City Manager
City of Wilson
PO Box 10
Wilson, NC 27894-0010
NORTH CAROLINA
Environmental Quality
December 06, 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. WQCS00021
City of Wilson
Wilson Collection System
Case No. DV-2022-0140
Wilson County
Dear Mr. Goings:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $536.57 ($500.00 civil penalty +
$36.57 enforcement costs) against City of Wilson.
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 Wilson. This review has shown the subject facility to be in violation of the requirements
found in Collection System Permit No. WQCS00021 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 Wilson violated the terms, conditions or requirements
of Collection System Permit No. WQCS00021 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 Quattty I Division of Water Resource,
Raleigh Regional °Nice 3800 barren Drive ' Raleigh North Carolina 27609
919191.4200
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 City of
Wilson:
$500.00 For 1 of the 2 violations of Collection System Permit No. WQCS00021 and G.S. 143-215.1(a)(1) for
Sanitary Sewer Overflow(s) resulting in a discharge without a valid permit.
$500.00 TOTAL CIVIL PENALTY
$36.57 Enforcement Costs
$536.57 TOTAL AMOUNT DUE
Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into account the Findings of Fact and
Conclusions of Law and the factors set forth at G.S. 143B-282.1(b), which are:
(1)
(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 thirtyQ) days of receipt of this
notice. The Division Qf Water Resources also requests that you complete and submit the enclosed "Justification for
Remission Request."
Both forms should be submitted to the following address:
Attn: PERCS Branch
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
AND
Scott Vinson, Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ
1628 Mail Service Center, Raleigh
Raleigh, NC 27699-1628
Option 3: File a petition for an administrative hearing with the Office of Administrative Hearings:
If you wish to contest any statement in the attached assessment document you must file a petition for an administrative
hearing. You may obtain the petition form from the Office of Administrative Hearings. You must file the petition with
the Office of Administrative Hearings within thirty (30) days of receipt of this notice. A petition is considered filed
when it is received in the Office of Administrative Hearings during normal office hours. The Office of Administrative
Hearings accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for official state
holidays. The petition may be filed by facsimile (fax) or electronic mail by an attached file (with restrictions) - provided
the signed original, one (1) copy and a filing fee (if a filing fee is required by NCGS §150B-23.2) is received in the
Office of Administrative Hearings within seven (7) business days following the faxed or electronic transmission. You
should contact the Office of Administrative Hearings with all questions regarding the filing fee and/or the details of the
filing process.
The mailing address and telephone and fax numbers for the Office of Administrative Hearings are as follows:
6714 Mail Service Center
Raleigh, NC 27699 6714
Tel: (919) 431-3000
Fax: (919) 431-3100
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
ec: Kyle Manning, PE
Laserfiche
Case Number: DV-2022-0140
Assessed Party: City of Wilson
Permit No.: WQCS00021
JUSTIFICATION FOR REMISSION REOUEST
County: Wilson
Amount Assessed: $536.57
Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission,
Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form to request remission of this civil penalty.
You should attach any documents that you believe support your request and are necessary for the Director to consider in
evaluating your request for remission. Please be aware that a request for remission is limited to consideration of the five
factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting
remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual
statements contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 143B-282.1(c), remission of a civil
penalty may be granted only when one or more of the following five factors apply. Please check each factor that you
believe applies to your case and provide a detailed explanation, including copies of supporting documents, as to why the
factor applies (attach additional pages as needed).
(a) one or more of the civil penalty assessment factors in N.C.G.S. 143B-282.1(b) were wrongfully applied to the
detriment of the petitioner (the assessment factors are listed in the civil penalty assessment document);
(b) the violator promptly abated continuing environmental damage resulting from the violation (i.e., explain the
steps that you took to correct the violation and prevent future occurrences);
(c) the violation was inadvertent or a result of an accident (i.e., explain why the violation was unavoidable or
something you could not prevent or prepare for);
(d) the violator had not been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions (Le., explain
how payment of the civil penalty will prevent you from performing the activities necessary to achieve
compliance).
EXPLANATION:
STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
COUNTY OF WILSON
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST
City of Wilson
Wilson Collection System
PERMIT NO. WQCS00021
WAIVER OF RIGHT TO AN
ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
CASE NO. DV-2022-0140
Having been assessed civil penalties totaling $536.57 for violation(s) as set forth in the assessment document of the Division
of Water Resources dated December 06, 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
ATTACHMENT A
City of Wilson
CASE NUMBER: DV-2022-0140
PERMIT NO: WQCS00021
FACILITY: Wilson Collection System
Other Violations
REGION: Raleigh
COUNTY: Wilson
INCIDENT VIOLATION TOTAL VOLUME PENALTY
NUMBER DATE VIOLATION TYPE VIOLATION DESCRIPTION (GALLONS) AMOUNT
202200828 6/1/2022 CSO/SSO(Sewer Overflow) Discharge without valid permit 8,600 $500.00
202200871 6/8/2022 CSO/SSO(Sewer Overflow) Discharge without valid permit 750 $0.00
NORTH CAROLINA
August 4, 2022
Scott Vinson, Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ
RE: NOTICE OF VIOLATION
Tracking No.: NOV 2022-DV-0200
Sanitary Sewer Overflows June 2022
Collection System Permit No. WQCS00021
Wilson Collection System
Wilson County
Mr. Vinson,
NC Dept of Environmental Quality
AUG 08 2022
Raleigh Regional Office
On Wednesday June 1, 2022 at approximately 2:30PM the city became aware of a sanitary sewer
overflow occurring at 3100 Stantonsburg Rd SE, Wilson, NC. The cause of the overflow was a
damaged 20-inch forcemain connecting the Stantonsburg Pump Station to the City's wastewater
treatment facility. The city immediately dispatched multiple crews including two flusher trucks
and a construction team. Within 4.5 hours, the City had successfully completed a temporary patch
of the forcemain and set up a temporary bypass from the pump station into a recently installed new
24-inch forcemain. Additionally, the City flushed the ditch adjacent to the overflow with potable
water and removed the combined sewer and water downstream from the spill with flusher trucks
until the ditch only contained clean water. The cost of the initial patch, temporary bypass, and
cleanup was approximately $11,000.
Over the following weekend (June 3, 4, and 5), the City installed a permanent bypass at a cost of
$43,800 from the Stantonsburg Pump Station into the newly installed 24-inch forcemain. Thus,
sewage will never enter the damage forcemain again. This permanently eliminated the potential
for sanitary sewer overflows from the existing 20-inch forcemain.
The new 24-inch forcemain was designed in 2020 (WQ0041431). The contract for construction
was executed in June 2021 for approximately $1.3M. The new forcemain was originally planned
to go into service once the Statonsburg Pump Station upgrade was completed in January of 2022.
However, due to several delays in obtaining the necessary equipment due to COVID supply
constraints, the current estimate for the pump station upgrade is a completion date of September
2022. The permanent bypass described above was set-up to remove all flow from the old 20-inch
forcemain without having to wait for the pump station upgrade to be completed.
OTT OF WILSON
INCORPORATED 1819
CflY ENGLNEER P.i: sox 7 D 1990 ERI47k, AVENUE j WILSON NL RTH CAROUNA 27194001.0 I TELEPHONE 252 389.2135 I FACSIMILE 252 389.2453
EOM OPPORTUNITY EMPLOYER
An estimated total of 8,600 gallons spilled of which all entered the adjacent ditch.
Please call me at (252) 296-3416 if you have any further questions.
Sincerely,
Kyle F. Manning, PE
Civil Engineer
cc: Grant W. Goings City Manager
W. T. Bass IV, PE - Public Works Director
Noah Parsons - Water Infrastructure Division Manager
Aaron Bailey - Collection System ORC
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: WQCS00021 (WQCS# if active, otherwise use WQCSD#)
Facility: Wilson Collection System Incident #: 202200828
Owner: City of Wilson
City: Wilson
County: Wilson 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): 3100 Stantonsburg Rd SE, Wilson, North Carolina, 27893
Manhole #: 2351
Latitude (Decimal Degrees): Longitude (Decimal Degrees):
Incident Started Dt: 06/01/2022 Time: 2:30 pm Incident End Dt: 06/01/2022 Time: 07:00 pm
(mm-dd-yyyy) (hh:mm AM/PM) (mm-dd-yyyy) (hh:mm AM/PM)
Estimated Volume of the SSO: 8,600
gallons Estimated Duration (Round to nearest hour): 4:30 hours
Describe how the volume was determined: Ditch was triangular and approximately 2,750 feet long from spill location to berm.
Weather conditions during the SSO event: clear sky, sunny
Did SSO reach surface waters? El Yes ❑ No ❑ Unknown
Surface water name: Juniper Swamp
Volume reaching surface waters (gals): 8600
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:
El Other (Please explai El Pipe Failure (Break)
24 hour verbal notification (name of person contacted ): Colleen Cohn
DWR ❑ Emergency Mgmt Date (mm-dd-yyy): 06/02/2022 Time (hh:mm AM/PM): 09:57:00 am
If an SSO is ongoing, please notify the appropriate Regional Office on a daily basis until SSO can be stopped.
Per G.S. 143-215.1 C(b), the responsible party of a discharge of 1,000 or more of untreated wastewater to surface waters
shall issue a press release within 24-hours of first knowledge to all print and electronic news media providing general
coverage in the county where the discharge occurred. When 15,000 gallons or more of untreated wastewater enters surface
waters, a public notice shall be published within 10 days and proof of publication shall be provided to the Division within 30
days. Refer to the reference statute for further detail.
The Director, Division of Water Resources, may take enforcement action for SSOs that are reauired to be reported to
Division unless it is demonstrated that:
1) the discharge was cause by sever natural conditions and there were no feasible altemative 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 1 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
Other (Please explain in Part II)
Describe:
20 inch force main blew out
Were adequate equipment and resources available to fix the problem? 17 Yes ❑ No ❑ NA D NE
If Yes, explain:
Equipment materials and personnel were available to respond to incident
If the problem could not be immediately repaired, what actions were taken to lessen
the impact of the SSO?
Force main was bypassed during repairs
Comments:
New 24 inch force main is being tied in to take place of 20 inch ductile iron force main
Pipe Failure (Breakl
Pipe size (inches)
20 Inch
What is the pipe material?
ductile Iron
What is the approximate age of line/pipe? (years old)
48vrs
Is this a gravity line? E' Yes J} No ❑ NA NE
Is this a force main line? 17 Yes E No ❑ NA 12 NE
Is the line a "High Priority" line? FT Yes 17 No E NA D NE
Last inspection date and findings
NA
If a force main then,
Was the break on the force main veritical?
Was the break on the force main horizantal?
Yes 17 No 12 NA [] NE
[ Yes 17 No DNA E NE
CS-SSO Form Page: 2
Was the leak at the joint due to gasket failure? D Yes 12 No C NA D NE
Was the leak at the joint due to split bell? El Yes [i No [] NA E NE
When was the last inspection or test of the nearest air -release valve to determine of
operable?
unknown
When was the last maintenace of the air release performed?
unknown
If gravity sewer then,
Does the line receive flow from a force main immediately upstream of the failed secti. E Yes D No j NA D NE
of pipe?
If yes, what measures are taken to control the hydrogen sulfide production?
When was the line last inspected or videoed?
If line collapsed, what is the condition of the line up and down stream of the failure?
What type of repair was made?
New force main is installed and was tied in to take place of old 20 inch force main
Is the repair temporary or permanent?
permanent
If temporary, when is the permanent repair planned?
work was completed on June 6 2022
Have there been other failures of this line in the past five years? 17 Yes EI No [ NA ❑ NE
if so, then describe
Force main has had other leaks that have been repaired 880 feet was replaced with 20 inch pvc pipe
System Visitation
ORC ❑ Yes
Backup WI Yes
Name:
Fabian Padilla
Cert#
1005509
Date visited:
06/01/2022
CS-SSO Form Page: 3
Time visited:
02:50pm
How was the SSO remediated (i.e. Stopped and cleaned up)?
New 24 inch force main is now online permanently and old 20 " ductile force main is no longer in use Sewer spill was
vacuumed with vac truck ditch was flushed with clean drinking water and vacuumed up
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: 4
Permit Enforcement History Details by Owner
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6/14/22 $250.00
DV-2022-006c
Total Balance Due : $161.57
Sum Of Total Paid:$1,358.15
Total Enforcement Cost: $144.72
Total Penalty Amount: $1,500
Total Penalties After Remissions : $1,519.72
Sum of Total Case Penalties: $1,644.72
' Related Permits
Details 1
CS Details
Details 2
Comments ' History Inspections
Billing CiassJDesig.
Incidents
Events
Enforcements
Violations
Reg. Activities
Affiliations
Permit:
Permit Type:
Permit Classification:
Program Category:
Fadlity:
Owner.
Issued:
Effective:
Expire:
SOC:
Last Updated By:
r
X S00021
Version:
3.0
Status:
'Expired
Collection system management and operation
'Individual
Non -discharge
Primary Related Permit:
Ison Collection System
�etaiis.._ 7
Oily of Wilson
Details...
01/3012014
08/0112014
07131/2022
— Dates —
Orig Issued:
Statutory
Inactive:
Details...
0811412001
03116/2014
bimsprodcron
Admin Region:
Raleigh
County Flson
Projed Type:
❑r Major Permit
❑ Has Subsurface Drains
Renewal
, 0 New Farm 0 Existing Farm
Ira
Farm 1
❑ Innovative Avail. Acres
❑ Rainbreaker Device
❑ OIC Present
Last Updated On: i1/2022 1:12 AM
ROY COOPER
Governor
EUZABETH Sr RISER
Mary
RICHARD E. ROGERS, JR.
Director
Certified Nail # 7020 3160 0000 4109 6203
Grant W Goings, City Manager
City of Wilson
P 0 Box 10
Wilson, NC 27894-0010
NORTH
ErwironatostalQ'
July 14, 2022
SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY
Tracking No.: NOV-2022-DV-0200
Sanitary Sewer Overflows - June 2022
Collection System Permit No. WQCS00021
Wilson Collection System
Wilson County
Dear Mr. Goings:
A review has been conducted of the self -reported Sanitary Sewer Overflows (SSO's) 5-Day Report/s submitted by
aty of Wilson. The Division's Raleigh Regional Office concludes that the City of Wilson violated Permit Condition I
(2) of Permit No. WQCS00021 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 Wilson an opportunity to provide evidence and justification as
to why the City of Wilson should not be assessed a dvil penalty for the violation(s) that are summarized below:
Total Vol
Total Surface
Inddent Start Duration Vol Water
Number Date (Mina) Location Cause (Gals) (Gals) DWR Action
202200828 6/1/2022 270 3100 Stantonsburg Rd Other, Pipe Failure 8,600 8,600 Notice of Violation -
SE, Wlison, North (Break) Notice of Intent
Carolina, 27893
202200871 6/8/2022 30 3351 NC Highway 42 Pipe Failure (Break) 750 300 Notice of Violation
W, Wilson, North
Carolina, 27893
Merthararrap eiss rOfErMMfMMnarlai.rlr 1 oMYMn.lWYvrR.w.m
libleblalloralOMot I ,eooiuratlhh. 4 ni1/►NartbartaiVe01
'his Notice of Violation / Notice of intent to Enforce (NOV/NOI) is being Issued for the noted violation. Pursuant
o G.S. 143-215.6A, a civil penalty of not more than twenty-five thousand dollars ($25,000.00) may be assessed
tgainst any person who violates or falls to act in accordance with the terms, conditions, or requirements of any
term* issued pursuant to G.S. 143-215.1.
rhis office requests that you respond to this Notice, in writing, within 10 business days of its
+eaeipt. In your response, you should address the causes of non-compliance, remedial actions, and all other
ictions taken to prevent the recurrence of similar situations. The response to this correspondence will be
:onsidered in this process. Enforcement decisions will also be based on volume spilled, volume reaching surface
eaters, 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-compliance, the cost of
ectifying the damage, whether the spill was intentional and whether money was saved by non-compliance.
:f you have any questions, please do not hesitate to contact Mitchell Hayes with the Water Quality Section in
he Raleigh Regional Office at 919-791-4200 or via email at mitch.hayes@ncdenr.gov.
Sincerely,
Ile Scott Vinson, Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ
:c: Raleigh Regional Office - WQS File
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Ps Form 3811, July 2015 PeN 7530-02-000.9C63
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