WQCS00002_Remission Request (DV-2023-0104)_20230829

•
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
City of Raleigh )
Raleigh Collection System )
PERMIT NO. WQCS00002 ) CASE NO. DV-2023-0104
Having been assessed civil penalties totaling $590.68, for violation(s) as set forth in the assessment document of the Division
of Water Resources dated July 24. 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.
This the cD—,c"j day of Q 3St1S� , 20 c�
cA.,\ AX)c\i'SO
SIGNATURE
ADDRESS
c.arlos M Perez,Assistant superintendent/UKC.
Operator Certification#1003875
Raleigh Water Collection System WQCS00002
RECEIVED PO Box 590
Raleigh NC 27602-0590
AUG 2 9 2023 - • - ,
NCDEQ/DWR/NPDES
TELEPHONE
G 1� - GPI 4- Scac\

•
JUSTIFICATION FOR REMISSION REOUEST
Case Number: DV-2023-0104 County: Wake
Assessed Party: City of Raleigh
Permit No.: WQCS00002 Amount Assessed: $590.68,
Please use this fom I 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"fom I 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. § I 43B-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. I43B-282.I(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 (i.e., explain
how payment of the civil penalty will prevent you from performing the activities necessary to achieve
compliance).
F;XPI,ANATION:
See explanation next page.

•
Incident Number# 202300717 —4/21/2023 —8401 Glenwood Ave., Raleigh, NC
The following explanation is intended to present a compelling argument justifying that the SSO that occurred the
morning of Friday, April 21 st, 2023, at 8401 Glenwood Ave., Raleigh,NC, was efficiently and responsibly
mitigated. The SSO response action by Raleigh Water Utility Responders prevented approximately 122,000 gallons
of untreated wastewater from reaching the state's surface waters, curtailing a continued negative environmental
impact on surface waters and its surrounding land. Crew's initial response and containment protocols were critical
in abating further negative environmental impacts as the response exceeded the requirements stated in the
Collections System permit WQCS00002, Part II - OPERATION AND MAINTENANCE REQUIREMENTS,
Section 10— "The Permittee, or their authorized representative, shall conduct an on-site evaluation for all SSOs as
soon as possible, but if feasible no more than two hours after first knowledge of the SSO."
On the morning of Friday, April 21 st, 2023, at approximately 10:49 AM, Raleigh Water received notification of a
sanitary sewer overflow resulting from an unexpected, failed section of a 24-inch ductile iron pipe-sewer force
main(see Exhibit 1 —Affected Asset). Immediately upon notification, Raleigh Water activated its Incident
Management protocol developing a tentative plan of action specifying the mitigating efforts to minimize the
negative environmental impacts and facilitate an effective SSO response.
The tentative plan involved the deployment of a primary containment effort at the site of the SSO and a secondary
containment and collection effort downstream of the affected area; close coordination with Pump-station
Maintenance Mechanic personnel to manually control the flow of three separate pump stations(19-Brownleigh PS-
SNS1066, 35-Turkeys Creek PS- SNS1084, Briar Creek, and 36-Sycamore Creek PS-SNS1085 ) at prescribed
intervals; and finally, an immediate repair effort to replace the damaged segment of pipe and re-establishing the
flow.
Utility Responders arrived on the scene at approximately 11:15 AM (approximately 25 minutes after the initial
notification) and immediately commenced a site assessment to determine the ideal locations for deploying
containment and collection efforts. Based on the tentative plan developed, Utility Responders deployed three
separate downstream containment and collection sites supported by a pump and haul operation; through this effort,
Raleigh Water contained a substantial amount of untreated wastewater. By estimation, the pump/haul operation and
downstream containment recovered over 122,000 gallons of untreated wastewater. Although the damaged section
of the pipe resulted in the bypass of approximately 129,000 gallons of untreated wastewater, only approximately
7,000 gallons of untreated wastewater reached the Turkey Creek tributary during the entire mitigation operation.
Responding Crews contained the untreated wastewater in two separate excavated trenches that contained over
40,000 gallons,minimizing the risk of spilling onto the land or reaching the state's surface waters. Crews also
emplaced a sewer bypass that restored flow while a permanent solution was implemented. Once this temporary
bypass was in place,repair crews commenced replacing approximately 2,000 ductile iron sewer force mains with
PVC.
Restoration for the immediately affected area consisted of utilizing several thousand gallons of potable water to
assist in washing the affected area and removing all evidence of sewer downstream of the affected asset. Visual
inspection of the affected area and downstream waters conducted on Friday, April 21st, 2023, identified at least
four small fishes, 2-3 inches long, floating on shallow creek water. Daily downstream assessments were conducted
from April 21 st to April 24th and found no other fish killed throughout the operation.
This incident and subsequent repair cost the Utility over$1,792,102.66. The approximate cost to the Utility to have
treated 129,000 gallons of wastewater would have been approximately$193.50. 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.

This portion of the sanitary sewer collection system is a major carrier of untreated wastewater in the northwestern
portion of the service area. A pipe replacement project has been completed,replacing over 2,000 linear ft. of ductile
iron pipe with PVC. See Exhibit 6—Active CIP Pipe Replacement Project.
The unwavering efforts of Raleigh Water and the swift response of several responders during the 5-day operation
were critical in only losing 7,000 gallons of untreated wastewater to reach surface waters. The preparation,
planning, execution,and subsequent mitigation of the incident efficiently prevented 122,000 gallons from spilling
onto the land averting a catastrophic environmental risk.
On behalf of Raleigh Water, I am confident that this narrative provides a reasonable justification for remission,
requesting that DV-2023-0104 issued for incident number#202300717—4/21/2023 —8401 Glenwood Ave.,
Raleigh,NC,be reviewed, considering the steps the Department took to protect the environment and meet or
exceed the requirements of the Collections System Permit. If additional information is required, don't hesitate to
contact Matthew Vessie, Sewer Maintenance Superintendent, at(919) 996-2312 or Carlos M. Perez, ORC,
Assistance Superintendent, at 919-996-5929.
Si cerely,
M Perez, O C
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]
Note
The following pages provide evidence of the actions taken during the SSO mitigation and subsequent repair
activities that were crucial in preventing a larger environmental impact. Invoices of the operation are also included
as evidence of the total cost of the operation.

Exhibit 1 —Affected Asset
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Exhibit 2-Area of Operation
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Exhibit 6—Pipe Replacement Project
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Contractor's Application for Payment
Owner: City of Raleigh Owner's PO No.: 165339
Engineer: Engineer's Project No.:
Contractor: Carolina Civilworks Inc. Contractor's Project No.: 23-0687
Project: Emergency Repair Glenwood Ave 24"Force Main
Contract: 165339
Application No.: 3 Application Date: 8/22/2023
Application Period: From 7/1/2023 to 7/30/2023
1 Original Contract Price $ 1,274,564.74
2 Net change by Change Orders $ 517,537.92
3 Current Contract Price(Line 1 + Line 2) $ 1,792,102.66
4 Total Work completed and materials stored to date
(Sum of Column G Lump Sum Total and Column J Unit Price Total) $ 1,792,102.66
5 Retainage
a. X Work Completed $ -
b. X Stored Materials $ -
c. Total Retainage(Line 5.a + Line 5.b) $ -
6 Amount eligible to date(Line 4- Line 5.c) $ 1,792,102.66
7 Less previous payments(Line 6 from prior application) $ 1,375,884.99
8 Contract Subtotal this application (Excludes Sales Tax) $ 416,217.67
9 Sales Tax due this period $ 588.82
10 Amount due this application $ 416,806.49
11 Balance to finish, including retainage(Line 3 - Line 4) $ -
Contractor's Certification
The undersigned Contractor certifies,to the best of its knowledge,the following:
(1)All previous progress payments received from Owner on account of Work done under the Contract have been
applied on account to discharge Contractor's legitimate obligations incurred in connection with the Work covered
by prior Applications for Payment;
(2)Title to all Work, materials and equipment incorporated in said Work,or otherwise listed in or covered by this
Application for Payment,will pass to Owner at time of payment free and clear of all liens,security interests,and
encumbrances(except such as are covered by a bond acceptable to Owner indemnifying Owner against any such
liens,security interest,or encumbrances);and
(3)All the Work covered by this Application for Payment is in accordance with the Contract Documents and is not
defective.
Contractor: arolin vilworks inc Address: 3511 East US 70 Highway
Durham, NC 27703
Signature: Date: 8/23/2023
Recommended by Engineer Approved by Owner
By: By:
Title: Title:
Date: Date:
Approved by Funding Agency
By: By: fiLettitiiV
Title: Title: Senior Engineering Stervisor
Date: Date: 8/25/2023
EJCDC C-620 Contractor's Application for Payment
©2007 National Society of Professional Engineers for EJCDC. All rights reserved.
Page 1 of 4

Progress Estimate Contractor's Application
For(contract)r. Emergency Repair Glenwood Ave 24"Force Main
Application
Period 3
A B B1 B2 C D F
Item % Balance to Finish
Previous Period Current Period Total Quantity Total Completed to
Unit Bid Quantity Bid Unit Price Bid Value Current Value p� (F) (B-F)
Bid Item No. Description Quantity Quantity Installed Installed to Date B
•
1 May Partial Billing LS 1 $ 690,753.04 S 690,753.04 1.00 1.00 $690,753.04 100.0% _
2 June Partial Billing L3 1 $ 685,131.95 S 685,131.95 1.00 1.00 $685,131.95 100.0%
3 July Partial Billing LS I S 416,217.67 S 416,217.67 1.00 1.00 S416,217.67 $416,217.67 100.0%
TOTALS S 1,792,102.66 S 416,217.67 $ 1,792,102.66
EJCDC C-620 Contractors Application for Payment
®2007 National Society of Professional Engineers for EJCDC. All rights reserved.
Page lofl •

J jTATf..� �. D 1 CE U T 2
ROY COOPER A'r JUL 2 8 2023
GO,etnor 1 ELIZABETH S.BISER a iNi r nip°'
SFirotat < - By
RICHARD E. ROGERS.JR. NORTH CAROLINA
Dfrncyot Environmental Quality
Certified Mail#7020 3160 0000 4109 1758
Return Receipt Requested
July 24, 2023
Whit Wheeler, Assistant Director
City of Raleigh
PO Box 590
Raleigh, NC 27602-0590
SUBJECT: Notice of Violation and Assessment of Civil Penalty
for Violations of North Carolina General Statute(G.S.) 143-215.1(a)(6)
and Collection System Permit No. WQCS00002
City of Raleigh
Raleigh Collection System
Case No. DV-2023-0104
Wake County
Dear Mr. Wheeler:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of$590.68 ($500.00 civil penalty+
$90.68 enforcement costs)against City of Raleigh.
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 Raleigh. This review has shown the subject facility to be in violation of the requirements
found in Collection System Permit No. WQCS00002 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 Raleigh violated the terms, conditions or
requirements of Collection System Permit No. WQCS00002 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 teens,conditions or requirements of a permit required by G.S. 143-215.1(a).
D_EQJ N :pa I iUcp lme I u n D itii.v R ;i:rrc
R.rn.Ic��rn R.r. :J

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
Raleigh:
$500.00 For 1 of the 3 violations of Collection System Permit No. WQCS00002 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
$90.68 Enforcement Costs
$590.68 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) 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;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether 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; and
(8) 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 thirty(30)days of receipt of this
notice. The Division of 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 administratk a hearing NS ith 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: [phone]
Fax: [phone]
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 Kevin Fowler with the Division of Water Resources staff of the Raleigh Regional
Office at(919)791-4200 or via email at [e-mail].
Sincerely,
yirer.e444_. c...fiii—..—•--1(21
i)(1_Scott Vinson, Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources,NCDEQ
ATTACHMENTS
Cc: Laserfische

JUSTIFICATION FOR REMISSION REQUEST
Case Number: DV-2023-0104 County: Wake
Assessed Party: City of Raleigh
Permit No.: WQCS00002 Amount Assessed: S590.68
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.
request and are necessaryfor the Director to consider in
You should attach any documents that you believe support your eq est
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 ferture 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(i.e., 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 WAKE
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND
) STIPULATION OF FACTS
City of Raleigh )
Raleigh Collection System )
)
PERMIT NO.WQCS00002 ) CASE NO. DV-2023-0104
Having been assessed civil penalties totaling$590.68 for violation(s)as set forth in the assessment document of the Division
of Water Resources dated July 24,2023,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.
This the day of ,20
SIGNATURE
ADDRESS
TELEPHONE

ATTACHMENT A
City of Raleigh
CASE NUMBER: DV-2023-0104
PERMIT NO: WQCS00002 REGION: Raleigh
FACILITY: Raleigh Collection System COUNTY: Wake
Other Violations
INCIDENT VIOLATION TOTAL VOLUME PENALTY
NUMBER DATE VIOLATION TYPE VIOLATION DESCRIPTION (GALLONS) AMOUNT
202300698 4/18/2023 CSO/SSO(Sewer Overflow) Discharge without valid permit 3,500 $0.00
202300703 4/19/2023 CSO/SSO(Sewer Overflow) Discharge without valid permit 1,000 $0.00
202300717 4/21/2023 CSO/SSO(Sewer Overflow) Discharge without valid permit 129,000 $500.00