WQCS00002_NOV-2023-DV-0074_Resp Rvcd_20230313

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Raleigh Water
March 131h, 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-0074
Sanitary Sewer Overflows —January 2023
Permit No. WQCS00002
Dear Mr. Vinson:
Please allow this letter to respond to the Notice of Violation & Intent to L
(NOV-2023-DV-0074) received on February 28", 2023. This document contains
NC Dept of Environmental Quality
MAR 13 2023
Raleigh Regional Office
Civil Penalty document
narrative regarding pending
violation actions of (one) Sanitary Sewer Overflow (SSO) events reported in the mdnth of January 2023 within
the City of Raleigh Collections System [1]. This document also provides exhibits to prove our efforts to mitigate
each sewer event. The events occurred while the City operated its collection system, according to WQCS00002,
dated June 6th, 2017. The permit includes the language outlined in footnote one a id applies to the SSOs upon
which NOVs with the notice of intent (NOV-NOI) were based. This document will establish a reasonable
explanation of the actions taken to stop the spills; contain the released untreatedwastewater; collect the
wastewater and reintroduce it to the collection system; and finally, restore the po sible environmental impacts
brought by the release of the SSO events, listed with the intended NOV-NOI action Please find below the
additional information requested for the SSO events.
1. "The Director may take enforcement action against the Permittee for SSOs t at must be reported to the
Division as stipulated in Condition IV92). This includes SSOs that were caused by severe natural conditions
or exceptional events unless the Permittee demonstrates through properly signed, contemporaneous
operating logs or other relevant evidence that:
)a.) The SSO was caused by severe natural conditions; there were no feasible alternatives to the SSO, such as the use of auxiliary treatment facilties, 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 addition al collections system components, wastewater
retention or treatment facilities, adequate backup equipment, or should have reduced Inflow and infiltration; or
Ib.I The SSO was exceptional, unintentional, temporary, and caused by factors beyond the reasonable control of the Pei mittee; the SSO could not have been prevented
by the exercise of reasonable control, such as proper management, operation, and maintenance; adequate treatment o collection facilities orcomponents (e.g.,
adequately enlarging treatment of collection facilities to accommodate growth or adequately controlling and preventinj infiltration and inflow); preventative
maintenance; or installation of adequate backup equipment."

Incident Number ## 202300190-1/31/2023 - 4415 5 Smithfield Rd, Knightdale, NC
This spill was neither willful nor intentional; it resulted from a failed 16" Polyvinyl Chloride Pipe force main. This
asset failure led to a sewer spill of approximately 2,800 gallons of untreated wastewater, reaching an unnamed
tributary within Poplar Basin (see exhibit 1—Area of Operation).
On Tuesday, January 315t, 2023, at approximately 6:38 AM, Raleigh Water Utility Responders were notified of
wastewater emanating from the ground near 4415 South Smithfield Rd., Knightdale, NC. 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 07:45 AM on the same day.
Utility Responders were able to contain and collect the wastewater by utilizing vacuum trucks and controlling
wastewater flow from the nearest pump station. The natural topography downstream of the affected asset and
the excavation surrounding the affected force main served to partially contain approximately several hundred
gallons of untreated wastewater before it reached surface waters. See Exhibit 2—Temporary containment. This
spill was temporarily 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, repair crews replaced the damaged
Exhibit 3 - Damaged Pipe and Subsequent Repair). The repair was made possible b,
the nearby pump station. Once the force main was excavated, crews applied a 36C
approximately several feet of ductile iron pipe. Once the repair was completed, th,
to verify the effectiveness of the repair, and no subsequent leaks or repair failures
the site by backfilling the excavation with stable structural aggregates and restorin
conditions. Sewer -contaminated soil was mechanically removed, and the area surr
cleaned with ample potable water to remove sewer traces from the surrounding a
conveyance. See Exhibit 4—Site Restoration.
ection of the force main (see
reducing wastewater flow at
containment band replacing
force main was pressurized
sere noted. Crews restored
the pavement to travel
unding the pipe break was
!a and downstream
approximate cost to
W. The City saved no
ige had no spill
occurred. Furthermore, the City still had to pay for treating the greater volume of sewage created by the spill.

A press release notification was requested to be published in the Raleigh News & Observer as required by NCGS
Article 21, Chapter 143.215.1C. See Exhibit 5 — Press Release.
See Exhibit 5— Press Release
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This force main encountered a failure on 7/28/22 (Incident number 202201208) resulting from pipe
deterioration. This pipe failure it's been reviewed as a future Capital Improvement project.

Summary
The Sewer Maintenance Division of Raleigh Water strives to develop initiati es that improve operational
reliability to meet customer expectations and meet or exceed the Water Quality Co lection 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 pail 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 untreatec 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 re air operations, easement
maintenance, and inspections. The fiscal year-to-date cost of these operations amounts to
$1,248,708.67 [2], approximately .08% [3] of the Division's annual operating budget. The 2,800 gallons of
untreated wastewater spills identified in this letter cost the Utility approximately $21,445.70 to mitigate. The
City's cost of sewer treatment per gallon is $.0015 [4]. At this rate, it would have cost the City $4.20 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 C
treating the greater sewage volume created by these spills. This fiscal comparison s
to environmental protection, sparing no cost regardless of the spill event's severity
continues demonstrating due diligence in environmental performance by allocating
spill event irrespective of the associated cost. This effort is noted in the City's low S!
total SSO rate [5] per 100 miles of pipe, compared to the Southeastern Region of th
miles of line. In the previous Fiscal year, 22 total performance miles assessed were
$ 2,829,598.09. Ill 66.58 miles represents 0.025%of the sanitary sewer collection system
(2) Associated operational cost year to date for FY2023
OPERATION
LINEAR FEET Linear Mlles
cog
cm
139,18.71 21.56
$
113,200.90
Repair
1,310 0.25
$
652,202.98
Flushing
236,390.8 44.77
$
120,173.58
Total oost
of Business to Date
Total- 371,519.51 Ft/ 66.58 MILES
$
085,577.46
[31 F.Y. 2023 annual Divisional budget - $14,657,701
[4) $.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
ity still had to pay for
lows the City's commitment
and complexity. The City
the necessary resources to a
O performance rate of 0.65
U.S., of 7.0 spills per 100
117.34 Miles at a cost of
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,
consumer education, and labeling of these non -dispersible.
Raleigh Water has an aggressive educational outreach initiative to address illicit dis harges 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 kit costs Raleigh water approximately
$85.00 to produce and is free to the property management. Raleigh Water continuously develops 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 or bounty program, which pays out fifty ($50) dollars to any citizen who
observes and reports an SSO 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 our vehicles 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 materials into the sanitary sewer mains. The City
also circulates information regarding grease discharge into the sewer system and the effects of such deposits.
Whenever possible, and upon investigating the root cause of a 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 on the proper use of sanitary sewers to
prevent the disposal of non-flushable items and items harmful to the continuous operation of the collections
system.
On behalf of the City of Raleigh, I request that the NOV-2023-DV-0074 issued for January 2023 be fairly
reviewed, considering the steps the Department has taken to protect the environment and meet or exceed the
requirements of the Collections System Permit. If additional information is required, please contact Matthew
Vessie, Sewer Maintenance Superintendent, [phone], or Carlos M. Perez, ORC. , Assistance
Superintendent 919-996-5929.
' erely, ff%
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
[e-mail]

ROY COOPER
Governor
ELIZABETH S. B1SER
Secretary
RICHARD E. ROGERS, JR.
Dimaor
Certified Mail # 7020 3160 0000 4115 5948
Return Receipt Requested
Whit Wheeler, Assistant Director
City of Raleigh
PO Box 590
Raleigh, NC 27602-0590
NORTH CAROLINA
Environmental Quality
February 10, 2023
FEB 2 8 2023 D
SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY
Tracking No.: NOV-2023-DV-0074
Sanitary Sewer Overflows - January 2023
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
City of Raleigh. The Division's Raleigh Regional Office concludes that the City of F
(2) of Permit No. WQCS00002 by failing to effectively manage, maintain, and ope
that there is no SSO (Sanitary Sewer Overflow) to the land or surface waters and
outlet to waters of the State for purposes of G.S. 143-215.1(a)(1), for which a pe
143-215.1.
The Raleigh Regional Office is providing the City of Raleigh an opportunity to
to why the City of Raleigh should not be assessed a civil penalty for the violas
Incident Start Duration
Number Date (Mips) Location Cause
Total
Vol
(Gals)
NC Dept of Environmental Quality
MAR 13 2023
Raleigh Regional Office
5-Day Reports submitted by
:igh violated Permit Condition I
:e their collection system so
e SSO constituted making an
it is required by G.S.
e evidence and justification as
that are summarized below:
Total Vol
Surface
Water
(Gals) DWR Action
202300190 1/31/2023 67 4415 S Smithfield Rd, Pipe Failure (Break) 2,800 2,800 Notice of Violation -
Knightdale, NC, 27545 Notice of Intent
This Notice of Violation / Notice of Intent to Enforce (NOV/NOI) is being issued for he noted violation. Pursuant
to G.S. 143-215.6A, a civil penalty of not more than twenty-five thousand dollars (125,000.00) may be assessed
against any person who violates or fails to act in accordance with the terms, Condit ons, or requirements of any
permit issued pursuant to G.S. 143-215.1.
NathbmEha Oepenm talEnelrawennl QMWRyl DNh awettr Re.aacea
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D V 919.791.4300

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 [e-mail].
Laserfiche
Sincerely,
Scott Vinson, Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ
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