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Home My WebLink AboutWQCS00038_NOV-2023-DV-0314 Response to Notice_20230814•. • Engineering and Environmental Services Utilities Division August 14, 2023 RETURN RECEIPT REQUESTED CERTIFIED MAIL # 70163010000113387225 Mr. Scott Vinson NCDEQ— Division of Water Resources Attn: Raleigh Regional Office 1617 Mail Service Center Raleigh, NC 27699-1617 RE: Notice of Violation, NOV-2023-DV-0314 Dear Mr. Vinson: This is in response to the Notice of Violation dated August 7, 2023, and received by Durham County on August 9, 2023. On July 26, 2023, Jerry Belcher was contacted by Durham County staff to report a sanitary sewer overflow that occurred at 31 Alexandria Way, permit number WQCS00038. The required 5-day report was completed on July 26, 2023, and submitted to the Division. At approximately 1:51 pm on July 26, 2023, an odor compliant was received from ARE. County staff investigated and found manhole, T-02-002, overflowing. The flow was contained ceasing the discharge to the unnamed tributary and the line was jetted to remove the blockage caused by rags. All ponded wastewater was vacuumed from the ground back into the sanitary sewer and the area was limed. Samples were collected at several locations along the creek and the ammonia results were <2.0 mg/L. The spill volume was estimated by calculating the width, length, and depth of wastewater on the ground in the affected area and multiplied by the three days that ARE stated they had smelled the odor. Included is the Press Release that was issued as required by GS 143-215.1 C. This section of sanitary pipe is part of Durham County's high priority list due to risk of inflow and infiltration, as well as flooding in the area. This particular manhole and those included in this segment on the high priority line were last inspected June 6, 2023. The report is included. As part of the required 10%-line cleaning program, this section was cleaned in FY2019. Based on the following: Durham County staff responded, halted the sanitary sewer overflow, and cleaned the area within a few hours of being notified, the sanitary sewer overflow caused no impact to the environment or human health, required inspections and cleanings of the sewer have occurred, the cause was rags in the line and was no way intentional, and all reporting was conducted in a timely manner as required, I request that the Division of Water Resources not pursue further enforcement action. 5926 NC Highway 55 East, Durham, North Carolina 27713 (919) 560-9033 1 fax (919) 544-8590 1 dconc_gov Equal Employment/Affirmative Action Employer The Notice of Violation was issued to Claudia Hager. The current County Manager is Dr. Kimberly Sowell and future correspondence should be addressed accordingly. If you have any questions, contact me at sbrixeyOcdconc.gov or 919-560-9034. Sincerely, Stephanie Brixey Deputy Director of E&ES/POTW Director Cc: Dr. Kimberly Sowell, County Manager (via email) Julio Delgado, Assistant County Manager (via email) Jay Gibson, Director of Engineering & Environmental Services (via email) Wade Shaw, Utilities Superintendent/ORC (via email) NEWS RELEASES Durham County Issues Notification of Discharge of Untreated Wastewater Post Date: 07/27/2023 10:15 AM Durham, N.C. — General Statute 143-215.1C requires that the owner or operator of any wastewater collection or treatment works to issue a press release when an untreated wastewater discharge of 1,000 gallons or more reaches surface waters. In accordance with that regulation, the following news release has been prepared by the Triangle Wastewater Treatment Plant and issued to media in Durham County: Durham County had a discharge of untreated wastewater on Wednesday, July 26, 2023, of an estimated 5,000 gallons located near 31 Alexandria Way. The untreated wastewater was discharged into an unnamed tributary. The cause of the discharge was determined to be rags that had illicitly entered the sanitary sewer system. The North Carolina Division of Water Resources was notified of the event on July 26, 2023, and is reviewing the matter. Durham County asks utility customers to remember the sanitary sewer system is only for wastewater, not rags, grease, and other materials that can cause blockages. For more information contact the Durham County Public Information Office at 919-56o-0000. Return totyll list &DUKE'S Durham County, North Carolina r KOO'TLDININNOVATION High Priority Line Inspection Reports Spring 2023 Line Designation Reason for Priority: Associated Manholes HP Manhole Count: Glaxo Run (Map T-02) Date: 6/6/2023 Weather: Dry I&I risk, flooding Surveyor Ted HPID HP01 T-02-002 -> T-02-005 3 Max Pipe Flow: 50% Average Pipe Flow: 29.2% Glaxo Run (Map T-02)_Upstream HP Site Location: Upstream HPID HP01 Ground Condition Wet,Standing Water Stream Crossing Yes Evidence of Erosion No HP01_Upstream.jpg y� H P01 _Upstream _Stream .j pg AL 1 �} .Nor r � • 5 Lr ' F 1� _ 0a _ aoa DocuSign Envelope ID: 2B73524C-8CD9-493B-8C61-AOAB35B9oC7C I ROY COOPER Governor EUZABETH S. BISER Secretory RICHARD E. ROGERS, JR. Director Certified Mail # 7020 3160 0000 4109 1871 Return Receipt Requested Claudia 0 Hager Durham County 200 E Main St 2nd Floor Durham, NC 27701 NORTH CAROLINA Environmental Quality August 07, 2023 SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY Tracking No.: NOV-2023-DV-0314 Sanitary Sewer Overflows - July 2023 Collection System Permit No. WQCS00038 Durham County Collection System Durham County Dear Ms. Hager: AUG - 9 2023 Durham County Utilities A review has been conducted of the self -reported Sanitary Sewer Overflows (SSO's) 5-Day Reports submitted by Durham County. The Division's Raleigh Regional Office concludes that the Durham County violated Permit Condition I (2) of Permit No. WQCS00038 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, 143-21.5.1, The Raleigh Regional Office is providing the Durham County an opportunity to provide evidence and jusdflcadon as to why the Durham County should not be assessed a dull penalty for the violation(s) that are summarized below: Total Vol Total surface Incident mart Duration Vol Water Number Date (Min$) Location Cause (Gals) (Gals) DWR Action 202301115 7/26/2023 69 31 Alexandria way, Delals In line S,000 3,000 Notice of Violation Durham, NC, 27709 Intent to Assess This Notice of Violation / Notice of Intent to Enforce (W)V/Wl) is being issued for the noted violation, Pursuant to G.5, 143-215,6A, a civil penalty of not more Man twenty-five thousand dollars ($25,000.00) may be assessed against any person who violates or fails to act in aceordance with the terms, conditions, or requirements of any permit ism pursuant to G.S. 143-215,1, +�N�Ezn,gli.w iXNa�7nxn� ��innrrnmrnrplQwiiy f/!4Pst§w o!'Nalrr kcs+>i,reF,> llld�'l�k,Rry��nwl rltY.� r','�A:}R.pwr�ti fkyY!' kalr�}{.'.i497W4Fa"rnN;a'27M?9 DocuSign Envelope 0: 2B73524C-8CD9-493E-8C61 AOAB35B9oC7C 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 Kevin Fowler with the Water Quality Section in the Raleigh Regional Office at 919-791-4200 or via email at kevin.fowler@deq.nc.gov. Cc: Laserfische Sincerely, Cpocuftnod bjr VAuu-m -e. M,an. d) far B2916EOA832144F.., Scott Vinson, Regional Supervisor Water Quality Regional Operations Section Raleigh Regional Office Division of Water Resources, NCDEQ 'AIW'F1�M'NAI45ki.�d�+�1�ML��n Sdt•NJiA�1lKilt�Q�?Y �YPSMY)M6D6Mi�IC!F9eiu�,<r� '!' �'��44��nr�a l�e�tP�iric i k�p4.►1�wA�€e�,s�r�e:>z«w