WQCS00193_Remission Request (DV-2023-0091)_20230703

FUQ�J/-\`�-\/AR I I A Mike Wagner
Public Utilities Director
north carotino [e-mail]
June 27, 2023
PERCS Branch
Division of Water Resources
1617 Mail Service Center �� r��
Raleigh,NC 27699-1617 RECEIVED
and i.l�. 0 3 Z023
Scott Vinson, Regional Supervisor NCDEQIDWWNPDES
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources,NCDEQ
1628 Mail Service Center, Raleigh,NC 27699-1628
RE: NOTICE OF VIOLATION & ASSESSMENT OF CIVIL PENALTY
CASE NO.: DV-2023-0091
Sanitary Sewer Overflows—March 2023
Collection System Permit No. WQCS00193
Town of Fuquay-Varina
Wake County
To Whom it may concern,
The Town of Fuquay-Varina appreciates the opportunity to request remission for the
Civil Penalty dated June 15, 2023, for a Sanitary Sewer Overflow(SSO) incident#
202300544 that occurred on March 19, 2023, at manhole#155385 (1640 N. Stewart
Street, Fuquay-Varina). It is our intent that this response will provide sufficient additional
information regarding the incident and the enclosed remission request. Based on the
Division's Justification for Remission Request form, the Town is in the opinion that item
(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)]justifies the enclosed remission request.
Cause of non-compliance:
On March 19, 2023, the Collection System ORC responded to the SSO event and
determined that there was root intrusion in the outfall line due to minimal ConSeal sealant
being applied between the manhole ring and cone during the original construction. Per the
Town's design construction standards,the manhole ring and cover should have also been
installed 2-ft. above grade during construction. The poor ConSeal sealant
Public Utilities
Town of Fuquay-Varina 134 N. Main Street, Fuquay-Varina, NC 27526 [phone] fuquay-varina.org

/IV
Public
Wagner
UQ�UA'(-VAR I NI� Utilities Director
north corofina [e-mail]
June 27, 2023
PERCS Branch
Division of Water Resources
1617 Mail Service Center
Raleigh,NC 27699-1617 RECEIVED
and AL 0 3 2023
Scott Vinson, Regional Supervisor NCDEQIDWRINPDES
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources,NCDEQ
1628 Mail Service Center, Raleigh,NC 27699-1628
RE: NOTICE OF VIOLATION & ASSESSMENT OF CIVIL PENALTY
CASE NO.: DV-2023-0091
Sanitary Sewer Overflows—March 2023
Collection System Permit No. WQCS00193
Town of Fuquay-Varina
Wake County
To Whom it may concern,
The Town of Fuquay-Varina appreciates the opportunity to request remission for the
Civil Penalty dated June 15, 2023, for a Sanitary Sewer Overflow (SSO) incident#
202300544 that occurred on March 19, 2023, at manhole#155385 (1640 N. Stewart
Street, Fuquay-Varina). It is our intent that this response will provide sufficient additional
information regarding the incident and the enclosed remission request. Based on the
Division's Justification for Remission Request form, the Town is in the opinion that item
(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)]justifies the enclosed remission request.
Cause of non-compliance:
On March 19, 2023, the Collection System ORC responded to the SSO event and
determined that there was root intrusion in the outfall line due to minimal ConSeal sealant
being applied between the manhole ring and cone during the original construction. Per the
Town's design construction standards, the manhole ring and cover should have also been
installed 2-ft. above grade during construction. The poor ConSeal sealant
Public Utilities
Town of Fuquay-Varina 134 N. Main Street, Fuquay-Varina, NC 27526 [phone] fuquay-varina.org

application along with the manhole not being constructed correctly allowed the roots to
thrive in the manhole and which eventually lead to the blockage from roots, grease, and
debris.
Remedial Action Taken:
The Town's operation and maintenance crew responded within 30 minutes of receiving
the afterhours call and removed the roots out of the manhole and cleared the blockage.
The ORC indicated that a backhoe bucket full of roots was removed from the manhole.
After thorough jetting and cleaning, the crew applied Root-X to the manhole to minimize
root intrusion until Dukes Root Control could treat this line. Also, the Town reapplied the
manhole ConSeal sealant and will install a riser to bring the manhole 2-ft above grade
once the new fiscal year budget begins, July 1. The spill area was raked, limed and
strawed as a part of the Town's SSO cleanup procedures.
The 2023-2024 operating budget includes funds to have Dukes Root Control treat various
portions of the collection system. After July 1, 2023, the ORC will initiate the root
control follow-up work to be completed with Dukes Root Control. The approximate cost
to raise the manhole is anticipated to be approximately$1,300.
As demonstrated, Operation and Maintenance personnel were responsive and took
immediate action to respond to the overflow and initiated corrective action to address the
original construction deficiencies. Last fiscal year, the Town invested approximately
$400,000 on miscellaneous collection system repairs and I&I rehabilitation in order to
prevent sanitary sewer overflows. We believe this letter demonstrates the investment and
commitment the Town is making to resolve sewer infrastructure deficiencies, and we
Division reco recognizes these efforts. Therefore,we respectfully request that the
hope that thegnp y q
Division grant remission based on the efforts outlined in this letter.
Sincerely,
/yde,47/11/y/oti
Michael Wagner
Public Utilities Director
Enclosures: NCDEQ forms
Cc: file
Jonathan Joyner, ORC

DocuSl n Envelope ID:A©E31EF1-888C-402D-AA11-406838738DC2
JUSTIFICATION FOR REMISSION REQUEST
Case Number: DV-2023-0091 County: Wake
Assessed Party: Town of Fuquay-Varina
Permit No.: WQCS00193 Amount Assessed: $340,68
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);
X (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 occurences);
(c) the violation was inadvertent or a result of an accident(i.e., explain wiry 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 tvill prevent you from performing the activities necessary to achieve
compliance).
EXPLANATION:

DocuFign Envelope ID:ABE31EF1-888C-402D-AA11-4D8838738DC2
STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
COUNTY OF WAKE
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
Town of Fuquay-Varina )
Fuquay-Varina Collection System )
PERMIT NO. WQCS00193 ) CASE NO. I)V-2023-0091
Having been assessed civil penalties totaling$340.68 for violation(s) as set forth in the assessment document of the Division
of Water Resources dated June 15, 2023,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. i
This the .__ 2 f-f4N day of ,20 Z3
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FLAttA , - Varina , IJL 27526
TELEPHONE
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