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Home My WebLink AboutWQCS00002_Remission (Request)_20230908ROY COOPER Governor ELIZABETH S. BISER Secretary RICHARD E. ROGERS, JR. Director Whit Wheeler, Assistant Director City of Raleigh PO Box 590 Raleigh, NC 27602-0590 Dear Permittee: NORTH CAROLINA Environmental Quality September 7, 2023 Subject: REMISSION REQUEST CIVIL PENALTY ASSESSMENT Raleigh Collection System PERMIT NO: WQCS00002 CASE NO: DV-2023-0104 Wake County This letter is to acknowledge your request for remission of the civil penalty levied against the subject facility. Unfortunately, the Division received the request after the allotted thirty (30) days from your receipt of the assessment. Therefore, the request for remission cannot be accepted. Please find attached the originally submitted request for remission. If you have any questions about this matter, please contact Sydney Deuterman [sydney.deuterman_deq.nc.gov] with the Central Office or Kevin Fowler [kevin.fowlerAdeq.nc.gov] with the Raleigh Regional Office. Sincerely, Sydney Deuterman Compliance & Expedited Permitting Unit Division of Water Resources ec: Laserfiche DEQ WQROS - Raleigh Regional Office North Carolina Department of Environmental Qualit}' I Division of water Resources 512 North Salisbuty Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 Moan+cnaairu �" 919.707.9000 OWMbneal al EmMvnnanbi O�U� STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY COUNTY OF WAKE IN THE MATTER OF ASSESSMENT ► %VAIVER 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. 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 aL _ day of ADDRESS 20_� SIGNATURE Larlos M Yere2, Assistant Superintentlent / UK Operator Certification # 1003875 Raleigh Water Collection System WQC500002 RECEIVED PO Box 590 Raleigh NC 27602-0590 AUG 2 9 2023 - - --- NCDEQ/DWPMPDES TELEPHONE CA\C-k - G959=N8 Case Number: DV-2023-0104 County: Wake Assessed Party: City of Raleigh Permit No.: WQCS00002 Amount Assessed: $590.68 Please use this four I when requesting remission of this civil penalty. You must also complete the "Request for Remission, lVaiver of Right to ern Administrative Hearing, and Stipulation of Facts"four 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. § 14313-282.1(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. 14313-282. 1 (b) were wrongfully applied to the detriment of the petitioner (the assessment. Factors are listed in the civil penalty assessment document); gr(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 irhi• the violation iva.s unavoidable or something you could not prevent or prepare_!br); (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., eyplain hoiv payment of -the civil penalty ►will prevent you from performing the activities necessity to achieve compliance). 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 states 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 11- 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- SNS 1066, 35-Turkeys Creek PS- SNS 1084, Briar Creek, and 36-Sycamore Creek PS-SNS 1085 ) at prescribed intervals; and finally, an immediate repair effort to replace the damaged segment of pipe and re-establishing the now. 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 21 st, 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. Ucere, 4Perez,0 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 Carlos.perezcamacho@raleighnc.Gov 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. opt IL . ��' •. -'� �,na11c;�<�„ ,: :; Lek. ~ r sAl Al f, ; - .s +•tire' ` e •� ` ,. - ...ter. ��- — - — •_ - _ �� '� ��•.. 'J/ " 3t;._ - . • V.; ....'t ►�+, �� : 4''�i �.- WTI i 40,- . IN Containment & Collection sites. Exhibit 4 _ Pump and Haul aeration Fxhibit 5 - hc1),::i 1 11tw 0 Exhibit 6 —Pipe Replaccmc:ii Exhibit 7 — RCSk,! Contractor's Aoplication for Pavment 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 ilworks Inc Address: 3511 East US 70 Highway P dill 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; Title: Title: Senior Engineering StAervisor Date: Date: 8/25/2023 EJCDC C-620 Contractor's Application for Payment CSC 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 1 of 4 Progress Estimate Contractor's Application ror (contract' Emergency Repair Glenwood Ave 24" Force Main --- EJCDC C-620 Contractd. Apph-iton for Paymrnt O 2007 National Society of Profewonal Engineers for FJCtW All rights rcied Pays t d 1 ROY COOPER Gamnm EUZABETH S. BISER Secretor RICHARD E. ROGERS. JR. QtrHYa Certified ,N1ail ;; 7020 3160 tl000 4109 1758 Return Receipt Requested Whit Wheeler, Assistant Director City of Raleigh PO Box 590 Raleigh, NC 27602-0590 NORTH CAROLINA Environmental Qualit► July 24, 2023 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: pT@T0T2n JUL 111113 13 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, 1 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(ax2), a civil penalty may be assessed against any person who violates the terms, conditions or requirements of a permit required by G.S. 143-215.1(a). M. .'A"•Diu 1— . t F..t--AauuAy t N.".3 W11 ft— r. 1.I001tegn ixftr NRt06i �Mt U.w• Rukgh `O thfm.�ana i:,,tw ....T.�,..w W97%4100 r, 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, 1, Scott Vinson, Regional Supervisor, Raleigh Regional Office hereby make the following civil penalty assessment against City of Raleigh: $500.00 For 1 of the 2 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 l s I 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.I (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 " Rgquest 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 Reouest." 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 Ovtion 3: file a ueti(ion for an adlnini%tratke hearing-) %%ith the Office of .ldministratiNe Ilc:n-in,'s: 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 §15013-23.2) 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: (919) 431-3000 Fax: (919)431-3100 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) 7914200 or via email at kevin.fowler(crdeq.nc.gov. Sincerely, Scott Vinson, Regional Supervisor �j 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: $590.68 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. § 14313-282.1(c), remission of a civil penalty maybe 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. 1438-282.1(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 fitture 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., eitplain how payment of the civil penalty will prevent you,from performing the activities necessary to achieve compliance). EXPLANAI ION: STATE OF NORTH CAROLINA COUNTY OF WAKE IN THE MATTER OF ASSESSMENT OF CIVIL PENALTIES AGAINST City of Raleigh Raleigh Collection System PERMIT NO. WQCS00002 DEPARTMENT OF ENVIRONMENTAL QUALITY WAIVER OF RIGHT TO AN ADMINISTRATIVE HEARING AND STIPULATION OF FACTS 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 ADDRESS TELEPHONE SIGNATURE ATTACHMENT A City of Raleigh CASE NUMBER: DV-2023-0104 PERMIT NO: WQCS00002 FACILITY: Raleigh Collection System Other Violations INCIDENT VIOLATION NUMBER DATE VIOLATION TYPE VIOLATION DESCRIPTION 202300698 4/18/2023 CSO/SSO(Sewer Overflow) Discharge without valid permit 202300703 4/19/2023 CSO/SSO(Sewer Overflow) Discharge without valid permit 202300717 4/21/2023 CSO/SSO(Sewer Overflow) Discharge without valid permit REGION: Raleigh COUNTY: Wake TOTAL VOLUME (GALLONS) 3,500 1,000 129,000 PENALTY AMOUNT $0 00 $0 00 S500 00