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HomeMy WebLinkAboutWQCS00002_NOV-2023-DV-0007_Respose Rvcd_202302071 04'0 0 000 \ 10 4410 Raleigh Water February 7", 2023 Mr. Scott Vinson Regional Supervisor Water Quality Regional Operations Section Raleigh Regional Office Division of Water Resources NCDEQ 1628 Mail Service Center Raleigh, NC 27699-1628 Re: Response to NOV-2023-DV-0007 Sanitary Sewer Overflows— December 2022 Permit No. WQCS00002 Dear Mr. Vinson: Please allow this letter to serve as a response to the Notice of Violatii document (NOV-2023-DV-0007) received on January 18th, 2023. This docur pending violation actions of (3) Sanitary Sewer Overflow (SSO) events repo] within the City of Raleigh Collections System 111. This document also provid mitigate each sewer event. The events occurred while the City operated its WQCS00002, dated June 6th, 2017. The permit includes the language outlil the SSOs upon which NOVs with the notice of intent (NOV-NOI) were basec reasonable explanation of the actions taken to stop the spills; contain the r collect the wastewater and reintroduce it to the collection system; and fina environmental impacts brought by the release of the SSO events, listed wit Please find below the additional information requested for the SSO events. 1. "The Director may take enforcement action against the Permittee for Division as stipulated in Condition IV92). This includes SSOs that was or exceptional events unless the Permittee demonstrates through pr operating logs or other relevant evidence that: Dept of Environmental Quality talei h R0910nal Office tH in t to Issue Civil Penalty ins the narrative regarding month of December 2022 s exhi.1its as proof of our efforts to ollection system, according to A in footnote one and applies to This document will establish a eased untreated wastewater; y, restore the possible the intended NOV-NOI action. that must be reported to the d by severe natural conditions ( signed, contemporaneous (a.] The SSO was caused by severe natural conditions; there were no feasible alternatives to the SSO, such as the use of auxiliary treatment facilities, retention of untreated wastewater, reduction of inflow and infiltration, use of adequate backup equipment, or an increase in the capacity of the system. This provision Is not satisfied if, in the exercise of reasonable engineering judgment, the Permittee should have installed auxiliary or additional collections system components, wastewater retention or treatment facilities, adequate backup equipment, or should have reduced Inflow and infiltration; or [b.] The SSO was exceptional, unintentional, temporary, and caused byfaccors beyond the reasonable contro of the Permittee; the S50 could not have been prevented by the exercise of reasonable control, such as proper management, operation, and maintenance; adequate t atment or collection facilities or components (e.g., adequately enlarging treatment of collection facilities to accommodate growth or adequately controlling and revendnginfdtranan and inflow); preventative maintenance; or installation of adequate backup equipment;." Incident Number # 202201762—12/01/2022— Intersection of Milburnie Rd. Peartree Ln., Raleigh This spill was neither willful nor intentional; it resulted from root intrusion, which blocked a portion of an 8-in vitrified clay gravity sewer main. The root intrusion led to a sewer spill of approximately 500 gallons of untreated wastewater reaching the Longview Branch tributary within Crabtree Basin. See Exhibit 1— Area of Operation. On 12/01/2022, at approximately 10:46 AM, Raleigh Water staff responded to a sanitary sewer overflow from a manhole (affected sewer asset SMH160071) located near the intersection of Milburnie Rd. and Peartree Ln., Raleigh. The responding staff took all reasonable steps to stop and mitigate the impact of the discharge, gaining control of the spill event by 12:06 PM on the same day. Crews utilized hydraulic jetting to remove the source of the blockage within the affecting asset, thus restoring sewer flow. Containment and collection of this spill event consisted of employing a temporary spill containment site downstream of the affected area, restricting sewer flow on the stormwater channel. This approach intends to contain wastewater flow and minimize the environmental impact on the surrounding land. Responding crews employed pumps at the temporary containment site to recover flushed wastewater and any evidence of sewer completing the operation by reintroducing the wastewater to the collection system. This spill was contained without a significant environmental impact on the adjacent area and its natural resources. Visual inspection of the affected area and downstream waters confirmed no fish kill or unnecessary vegetative damage. During the restoration phase of the operation, crews utilized ample potable water to flush the affected area and remove sewer traces from the surrounding area and downstream conveyance. The area surrounding the affected asset was cleared of debris, treated with lime, and restored with grass seed and straw. A follow-up CCTV assessment conducted on 12/6/2022 identified that the spill resulted from root intrusion affecting the normal flow of wastewater. A follow-up sewer cleaning involving hydraulic jetting and mechanical root cutters was conducted to remove roots from within the pipe. CCTV verification confirmed that the hydraulic cleaning effectively removed the roots from the pipe. See Exhibit 2 — CCTV Verification. NC ept of nvlronmental Quality FE Ri i1eigh I tegional Office The cost associated with the mitigation of this event amounted to $2,208,1 . The a proximate cost to the Utility to have treated 500 gallons of wastewater would have been approximately P10. R Leigh Water saved no money from this spill. Its costs for cleanup exceeded the cost of treating the volum of se age had no spill occurred. Furthermore, Raleigh Water still had to pay the cost of treating the greater volume of sewage created by the spill. Before this event, maintenance records show that sections within the zone were assessed within the last ten years as follows: Flushing activities CCTV Repair Activities Activities 9/7/2017 10/12/2017 None 1/22/2021 12/6/2022 reported since 2016 Inspections Activities Sewer High -Priority Inspection • 205 Inspections 12/13/2017- 1/31/2023 Since the last sewer event, no additional issues have been associated with t lis sl A previous SSO affecting this section of the sanitary sewer collection systerr was a severe natural event associated with torrential rain causing the system to be o' infiltration. These assets have been added to the chemical root control proE ram of this collection system on of the collection system. orded on 4/24/2017 due to helmed with inflow and further assessment. 3 Incident Number # 202201773—12/04/2022 — 4500 Fayetteville Rd., Raleigh, NC This spill was neither willful nor intentional. It resulted from a grease build-up, restricting the sewer flow within a section of an 8-inch Polyvinyl Chloride pipe gravity sewer main. This build-up led to a sewer spill of approximately 635 gallons of untreated wastewater reaching a private stormwater retention pond within Upper Swift Basin, not assigned as a source of drinking water. See exhibit 1—Area of Operation. 1 1 On 12/04/2022, at approximately 3:11 PM, Raleigh Water staff conducting high priorities inspections identified a sanitary sewer overflow emanating from a manhole north of 4500 Fayetteville Rd., Raleigh, NC. The responding staff arrived shortly after and commenced taking all reasonable steps to stop and mitigate the impact of the discharge, gaining control of the spill event by 5:18 PM on the same day. Crews utilized hydraulic jetting to remove the source of the blockage within the affecting asset, thus restoring sewer flow. Containment and collection of this spill event consisted of employing a temporary spill containment site downstream of the affected area near a stormwater containment pond. This approach was intended to contain wastewater flow and minimize the environmental impact on the surrounding land. Responding crews employed pumps at the temporary containment site to recover flushed wastewater and any evidence of sewer completing the operation by reintroducing the wastewater to the collection system. This spill was contained without a significant environmental impact on the adjacent area and its natural resources. Visual inspection of the affected area and downstream waters confirmed no fish kill or unnecessary vegetative damage. During the restoration phase of the operation, crews utilized ample potable water to flush the affected area and remove sewer traces from the surrounding area and downstream conveyance. The areas around the manhole were cleared of debris and washed with potable water. The area around the manhole was cleared of debris, treated with an application of lime, and restored with grass seed and straw. A follow-up CCTV assessment was conducted on O1/6/2023 to identify the root cause of the SSO. The CCTV assessment identified grease deposits on segments of sewer gravity mains requiring further cleaning. The cost associated with the mitigation of this event amounted to $4,260.22. The approximate cost to the Utility to have treated 635 gallons of wastewater would have been approximately $.95. The City saved no money from this spill. Its costs for cleanup exceeded the cost of treating the volume of sewage had no spill occurred. Furthermore, the City still had to pay the cost of treating the greater volume of sewage created by the spill. This section of the collection system is located downstream of a commercial center providing sewer collection services to several establishments. A Fats Oils and Grease consultation was initiated with applicable establishments within this commercial center to ensure compliance with FOG management guidelines. The FOG assessment found one restaurant needing to comply with their grease interceptor. An NOV was issued for non- compliance. Within the last ten years, this portion of the collection system as yet experience a grease - related SSO event. This area has been placed under routine maintenance. Before this event, maintenance records show that sections within the zone of were assessed within the last ten years as follows: Flushing Cc7v activities Activities 8/25/2017 1/6/2023 9/14/2018 1/11/2023 2/22/2021 No additional issues have been associated with this section of the coil This site continues to remain an active maintenance spot pending the and CCTV assessment. of this collection system since the last sewer event. further sewer main cleaning Incident Number # 202201797—12/12/2022 — 6110 Grove Lake Ct., Raleigh, NC (3300 Grove Crabtree Crescent) This spill was neither willful nor intentional; it resulted from foreign debris (rags and flushed wipe material) not consistent with regular wastewater debris such as paper (see exhibit 1 below). This debris caused a partial blockage in a portion of an 8-inch vitrified clay gravity sewer main. The blockage led to a sewer spill of approximately 10,800 gallons of untreated wastewater emanating from three private sewer service cleanouts. The Untreated wastewater reached a stormwater retaining pond not assigned as a drinking water source within the Hare Snipe Basin. See Exhibit 2 —Area of Operation. Exhibits —foreign Debris (flushed wipe anateria l) Exhibit 2—Area of Operation oil On 12/12/2022, at approximately 11:35 AM, Raleigh Water staff was notified of a sanitary sewer overflow emanating from three private sewer cleanouts. The responding staff took all reasonable steps to stop and mitigate the impact of the discharge as soon as they arrived, gaining control of the spill event by 12:02 PM on the same day. Utility response crews utilized hydraulic jetting to remove the source of the blockage within the affecting asset, thus restoring sewer flow. Containment and collection of this spill event consisted of employing a temporary spill containment site downstream of the affected area. This approach was intended to contain sewer flow and minimize the environmental impact on the surrounding land. Responding crews initiated the collection of untreated wastewater from the containment site to reintroduce it to the collection system downstream. This spill was contained without a significant environmental impact on the adjacent area and its natural resources. See exhibit 2 - Containment and collection efforts. F Exhibit 2 — Containment and collection efforts During the restoration phase of the operation, crews utilized approximately 80,000 gallons of potable water to remove evidence of sewer downstream of the affected area. The area arou d the anhole was cleared of debris, treated with an application of lime, and restored with grass seed an'!straw. Visual inspection of the affected area and downstream waters confirmed that no fish kill or unnecesisary ve etative damage occurred. See exhibit 3 below. Exhibit 3 — Restorations efforts The cost associated with the mitigation of this event amounted to $2,591.45. The approximate cost to the Utility to have treated 10,800 gallons of wastewater would have been approximately $16.02. The City saved no money from this spill. The costs for cleanup exceeded the cost of treating the volume of sewage, had no spill occurred. Furthermore, the City still had to pay the cost of treating the greater volume of sewage created by the spill and the cost of potable water used to mitigate the event. A follow-up close circuit television (CCTV) assessment conducted on 12/14/2022 of approximately 274 ft of sewer gravity main downstream did not identify any infrastructure issues that may have contributed to this event. This assessment confirms that the flushed wipes caused the sewer backup and the subsequent overflow. This section of the collection system provides sewer collection to a large apartment complex south of West Millbrook Rd. This portion of the sanitary sewer collection system experienced a sanitary sewer overflow on 12/16/2019 (Case # 201901926 -3311 Grove Crabtree Cres., Raleigh) resulting from flushed wipes. Outreach information was delivered on 12/15/2022 to approximately 309 residents within the affected area. This outreach literature explains the need for customers to use the sanitary sewer collection system properly. It also allows citizens to partner with Public Utilities to protect the City's water quality and sewer collection infrastructure. A press release notification was requested to be published in the Raleigh News & Observer as required by NCGS Article 21, Chapter 143.215.1C. RNeiah waster Respond. n s Sanfli Sewer So01 On Monday.Ga"'Meer 11.2022. RNe9h Water stall were hooded at ponnho i 10 55 AN of a aan", aeweroverlpw located near 3300 G,we C,aabde Chh.nt, Rakyll NO The overlay, revelled Ira. N,hW Mites xsumWa ed wficll reaWdshl flow of. Ai.h vinfisd (la/ P s Wastewater grwnry man. RespoMi, staff t0os not rauonaats dens to stop and mdigate the ovellnr , knit., as aced as Nry .rt ndf T. NorthCuotina Ceputmenl of EnvienmeMal Goshen, Lesion 01 Watea Resources, had. en notRied of Pe wulOw Ralepk ,es"Nal ruManed Me Merlon at approximately 12 02Ind on tee same My. It at saknaks Nat Me pnmav Mach.nMal a yoWlne Nnughly 10.800 salons of MosNnd waikwater, nach" an unnamed Nb dary wiMln Han Shies Baas. Restoration of Iln affected area kaa peen completed_ No unnecessary ye0ektive damage as mh aN was o1yo,vad stated to this event Raklgp Wan, Nun eggnaaWs eduutbn and enfe.r t Pro . to Prevent the diseharne or pmase, send., Nees, raps, diapen and Other improper mendal. 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M ry.ewe, MM., pkax stele nklahnc.awMsed, This news release is Mo utred by NCGS AMck 21, Chapter 143215.1C 0 Before this event, maintenance records show that sections within the zone of influence of this collection system were assessed as follows: Flushing activities CCN activities 3/22/2018 4/24/2020 2/14/2018 2/16/2021 10/29/2018 12/6/2021 9/28/2020 1/5/2022 4/4/2022 9/9/2022 3/16/2022 12/14/2022 7/21/2022 1/25/2023 12/14/2022 SSO Response 6/4/2018 12/17/2019 Sewer Backup / Overflow Assessment 6/8/2018 6/24/2020 4/22/2019 6/29/2020 11/30/2019 8/20/2020 12/16/2019 1/5/2021 1/31/2020 8/28/2021 2/20/2020 10/21/2021 4/18/2020 11/30/2021 6/10/2020 2/8/2022 6/16/2020 4/6/2022 event. FOG Consultation Repair 1/14/2019 10/8/2020 Sewer Service 8/18/2017 Sinkhole Sewer Odor Assessment 5/3/2018 6/23/2018 5/11/2020 12/14/2020 S.M. Code 9/3/2019 11/6/2019 11/6/2019 12/17/2019 1/28/2020 12/15/2022 No additional issues have been associated with this section of the system since the last sewer Summary The Sewer Maintenance Division of Raleigh Water strives to develop initiatives that improve operational reliability to meet customer expectations and meet or exceed the Water Quality Collection System permit requirements. Our operations focus on continual improvement, the prevention of pollution, and increased environmental performance efficiency. This endeavor is noted as the Division operates an ISO Certified Environmental Management System governed by the 14001-2015 Standards. As part of these initiatives, the Division operates a comprehensive reactive and preventative maintenance program that aims to maintain over 2,566 miles of sanitary sewer pipe and minimize the accidental release of untreated wastewater. Since July 2022 (Fiscal Year 2023), the Utility has assessed approximately 103.84 [1] miles of gravity sewer mains by flushing with hydraulic jetting, conducting CCTV assessments, and performing repair operations, easement maintenance, and inspections. The fiscal year-to-date cost of these operations amounts to $ 1,148,708.67 [2], approximately .08% [3] of the Division's annual operating budget. The 11,935 gallons of untreated wastewater spills identified in this letter cost the Utility approximately $9,059.77 to mitigate. The City's cost of sewer treatment per gallon is $.0015 [4]. At this rate, it would have cost the City $17.90 to treat the entire volume of sewer spilled. The City saved no money from these spills. The costs of mitigation well exceeded the cost of treating the volume of sewage had no spill occurred. Furthermore, the City still had to pay for treating the greater sewage volume created by these spills. This fiscal comparison shows the City's commitment to environmental protection, sparing no cost regardless of the spill event's severity and complexity. The City continues to demonstrate due diligence in environmental performance by allocating the necessary resources to a spill event irrespective of the associated cost. This effort is noted in the City's low SSO performance rate of 0.65 total SSO rate [5j per 100 miles of pipe, compared to the Southeastern Region of the U.S., of 7.0 spills per 100 miles of line. In the previous Fiscal year, 22 total performance miles assessed were 417.34 Miles at a cost of $ 2,829,598.09. ill 66.58 miles represents0.025% of the sanitary sewer collection system [2] Associated operational cost year to time for FY2023 OPERATION LINEAR FEET Linear Miles COST CCN 133,18.71 21.56 $ 113,200.90 Repair 1,310 0.25 $ 652,202.98 Flushing 236,M0.8 44.T/ $ 120,173.58 Total cost or Business to Date Total- 371,519.51 Ft/ 66.58 MILES $ 885,577.46 131 F.V. 2023 annual Divisional budget - $14,657,701 [41 $.0015 is based on the annual water treatment operating cost compounded by the total treated effluent. [5) The current 550 Rate for F.V. 23 is 0.65 Additionally, the City of Raleigh Assistant Public Utility Directors and Collections System staff have become involved in challenging the nonwoven fabrics industry standards to better inform consumers of these products and their detrimental effects on the collections systems. PUD staff has personally met with officers of INDA, the leading association of the nonwoven fabrics industry based in Cary, NC, to communicate our concerns about these fabrics, the current industry standards, and better education for the consumer. PUD has also joined forces with other utilities nationwide through the National Association of Clean Waters Agencies (NACWA), the Water Environment Foundation (WEF), and the American Public Works Association (APWA) to challenge INDA and current industry standards, recognizing that they do not support compatibility in sanitary sewer collections systems nationally. These agencies work collectively to challenge the testing protocols, assessment guidelines, and consumer education and labeling of these non -dispersible. Raleigh Water has an aggressive educational outreach initiative to address illicit discharges such as wipes, fats, oil, and grease to commercial and residential users. Raleigh Water has developed a complimentary property managers resource kit that provides best practice resources for establishing a property -specific awareness program. Each kit contains brochures and complimentary gadgets to help residents manage grease and fat collection and disposal. The resource kit also features a multimedia flash drive with videos and reproducible educational material that property managers can use to educate tenants to reduce the risk of sewer backups caused by the introduction of solids through their residential piping. Each ki�costs Raleigh water approximately $85.00 to produce and is free to the property management. Raleigh Water i continuously developing initiatives to increase residential and commercial customer partnerships to address grease accumulation and prevent illicit discharges. The educational material and videos can be accessed through social media and the Raleigh Water website httPs:Hraleighnc.gov/sewer-maintenance. The City continues its monetary reward program or bounty program, which pays o fifty ($50) dollars to any citizen who observes and reports an 550 or conditions that may cause a spill. This program has been advertised via printed material, a television advertisement campaign, and graphic design "wraps" on Sewer Maintenance vehicles. These graphics on ourvehicles function as mobile billboards spreading our message of prevention and offering contact information throughout the service area daily. This program was developed hoping that citizens and customers would become more aware of the signs of an emerging system problem causing the SSO occurrence and become proactive in helping the City prevent these occurrences. Additionally, all customers are notified via their water and sewer utility bills not to discharge improper ma pals into the sanitary sewer mains. The City also circulates information regarding the discharge of grease into t e sewer system and the effects of such deposits. Whenever possible, and upon investigating the root cause ofa spill event, PUD Code Enforcement officers develop and send registered informational letters about the spill event to the customer base serviced by the line where the SSO has occurred. This is done to educate our customers to prevent the disposal of non-flushable items and items harmful to the con system. On behalf of the City of Raleigh, I am requesting that the NOV-2022-NOI-O( fairly reviewed, considering the steps the Department has taken to protect the requirements of the Collections System Permit. If additional informatio Matthew Vessie, Sewer Maintenance Superintendent, (919) 996-2312, or C up\erintende t 919-996-5929. .sl ' erely, Carlos M Perez, ORC-NC WPCSOCC # 1003875 Assistance Superintendent, Sewer Maintenance Division City of Raleigh, Public Utilities Department P.O. Box 590 Raleigh, NC 27602-0590 919-996-5929 office 919-278-6020 cell Ca rlos.perezcamacho (@ra leighnc.Gov is the proper use of sanitary sewers jous operation of the collections d for December 2022 be ronment and meet or exceed ired, please contact Perez, ORC. , Assistance 11 ROY COOPER Covemor ELIZABETH S. BISER secretary RICHARD E. ROGERS, JR. Director Certified Mail # 7020 3160 0000 4115 5702 Return Receipt Requested Whit Wheeler, Assistant Director City of Raleigh PO Box 590 Raleigh, NC 27602-0590 NORTH CAROLINA Environmental Quality January 09, 2023 JAN 18 2023 III SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PEI IALTY Tracking No.: NOV-2023-DV-0007 Sanitary Sewer Overflows - December 2022 Collection System Permit No. WQCS00002 Raleigh Collection System Wake County Dear Mr. Wheeler: A review has been conducted of the self -reported Sanitary Sewer Overflows (SSO's) 5-Day Reports submitted by City of Raleigh. The Division's Raleigh Regional Office concludes that the CitIr of Raleigh violated Permit Condition I (2) of Permit No. WQCS00002 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 perrylit is required by G.S. 143-215.1. The Raleigh Regional Office is providing the City of Raleigh an opportunity to provide evidence and justification as to why the City of Raleigh should not be assessed a civil penalty for the violtion(s) that are summarized below: Total Vol otal Surface Incident Start Duration Vol Water Number Date (Mins) Location Cause I Gals) (Gals) DWR Action 202201762 12/1/2022 80 Intersection of Milbumie Roots 500 500 Notice of Violation Rd, and N. Peartree Ln Raleigh, NC, 27610 202201773 12/4/2022 127 4500 Fayetbeville Rd, Grease 635 635 Notice of Violation Raleigh, NC, 27603 202201797 12/12/2022 27 6110 Grove Lake Ct, Debris in line, Grease 10,800 10,800 Notice of Violation - Raleigh, NC, 27613 Notice of Intent Norm UrolN.Oepenmem elFnrnammennl Qulny OhLlmof Wun 0.esourva Dy R 10R"I.n Ofte I3840". nDO IA*e NNmlhC Q.R1404 +.. 919]9 Q00 This Notice of Violation / Notice of Intent to Enforce (NOV/NOI) is being issued for the noted violation. Pursuant to G.S. 143-215.6A, a civil penalty of not more than twenty-five thousand dollars ($25,000.00) may be assessed 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 closures. Other factors considered in determining the amount of the civil penalty are the violator's history of non-compliance, the cost of rectifying the damage, whether the spill was intentional and whether money was saved by non-compliance. If you have any questions, please do not hesitate to contact Mitchell Hayes with the Water Quality Section in the Raleigh Regional Office at 919-791-4200 or via email at mitch.hayes@ncdenr.gov. Laserfiche Sincerely, Scott Vinson, Regional Supervisor Water Quality Regional Operations Section Raleigh Regional Office Division of Water Resources, NCDEQ DEQ� Nwhc MaooWe tofE,fromm mlyuenlrIDww000fWoon so es R QhRe91aoa10ffl IJhD Uh WDM I NeIN9h Norlh Urohna11eo9