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HomeMy WebLinkAboutWQCS00005_dv-2023-0141 civili penalty folder_20231208ROY COOPER Governor ELIZABETH S. BISER Serreror. RICHARD E. ROGERS. JR. Direcrar Certified Mail # 7020 3160 0000 4115 0547 Return Receipt Requested Don Greeley City of Durham 101 City Hall Plz Durham, NC 27701-3229 NORTH CAROLINA Environmental Quality December 08, 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. WQCS00005 City of Durham Durham Collection System Case No. DV-2023-0141 Durham County Dear Mr. Greeley: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $840.68 ($750.00 civil penalty + $90.68 enforcement costs) against City of Durham. 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 Durham. This review has shown the subject facility to be in violation of the requirements found in Collection System Permit No. WQCS00005 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 Durham violated the terms, conditions or requirements of Collection System Permit No. WQCS00005 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 terms, conditions or requirements of a permit required by G.S. 143-215.1(a). North Carolina Depiamm of Environmeniat Quality I Division of Water Resources D_E �� Raleigh kegionml Office, 1800 Dw,en Drive Raelgh.!loth Carolina 27b09 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, Vanessa Manuel, Assistant Regional Supervisor, Raleigh Regional Office hereby make the following civil penalty assessment against City of Durham: 750.00 For 1 of the 2 violations of Collection System Permit No. WQCS00005 and G.S. 143-215.1(a)(1) for Sanitary Sewer Overflow(s) resulting in a discharge without a valid permit. 750.00 TOTAL CIVIL PENALTY 90.68 Enforcement Costs 840.68 TOTAL AMOUNT DUE Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty 1 have taken into account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 14313-282.1(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 14313-282.1(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 f301 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 Vanessa Manuel, Assistant 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 administrative hearing with 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 5:00 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. Ygp should contact the Office of Administrative Hearings with all questions regarding the filing fee and/or the details of the filiniz 12rocess. 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) 791-4200 or via email at kevin.fowler@deq.nc.gov. Sincerely, Vanessa Manuel, Assistant Regional Supervisor Water Quality Regional Operations Section Raleigh Regional Office Division of Water Resources, NCDEQ ATTACHMENTS Cc: Laserfische Case Number: DV-2023-0141 JUSTIFICATION FOR REMISSION REQUEST County: Durham Assessed Party: City of Durham Permit No.: WQCS00005 Amount Assessed: $840.68 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. 14313-282.1(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 f eture 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 hoH: payment of the civil penalty will prevent you from performing the activities necessary to achieve compliance). EXPLANATION: STATE OF NORTH CAROLINA COUNTY OF DURHAM IN THE MATTER OF ASSESSMENT OF CIVIL PENALTIES AGAINST City of Durham Durham Collection System PERMIT NO. WQCS00005 DEPARTMENT OF ENVIRONMENTAL QUALITY WAIVER OF RIGHT TO AN ADMINISTRATIVE HEARING AND STIPULATION OF FACTS CASE NO. DV-2023-0141 Having been assessed civil penalties totaling $840.68 for violation(s) as set forth in the assessment document of the Division of Water Resources dated December 08, 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 Durham CASE NUMBER: DV-2023-0141 PERMIT NO: WQCS00005 REGION: Raleigh FACILITY: Durham Collection System COUNTY: Durham Other Violations INCIDENT VIOLATION TOTAL VOLUME PENALTY NUMBER DATE VIOLATION TYPE VIOLATION DESCRIPTION (GALLONS) AMOUNT 202301326 9/6/2023 CSOISSO(Sewer Overflow) Discharge without valid permit 1,905 $0.00 202301342 9/11/2023 CSOISSO(Sewer Overflow) Discharge without valid permit 2,585 $750.00 DIVISION OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT Violator: City of Durham Facility Name: Durham Collection System Permit Number: WOCS00005 County: Durham Case Number: DV-2023-0141 ASSESSMENT FACTORS 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; A total of 2,585 gallons of wastewater overflowed from the Durham Collection System due to a pipe failure. 2,585 gallow of wastewater flowed to Third Fork Creek, a class WS-V; NSW in the Cape Fear River Basin. Nutrients and pathogens to surface waters. 2) The duration and gravity of the violation; The SSO started on 09.11.2023 at 11:03 am and ended the same day at 07:40 pm. 3) The effect on ground or surface water quantity or quality or on air quality; The effect on surface water quality include nutrients and pathogens to surface waters. 4) The cost of rectifying the damage; The cost of rectifying the damage was $5,099.38. 5) The amount of money saved by noncompliance; It is believed that no money was saved by the noncompliance. 6) Whether the violation was committed willfully or intentionally; It does not appear that 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; There have been 2 enforcement cases within the past 12 months. 8) The cost to the State of the enforcement procedures. $90.68 )ecru Lew -1, Za z3 Date Vanessa Manuel, Assistant Regional Supervisor Water Quality Regional Operations Section Raleigh Regional Office Division of Water Resources, NCDEQ WATER MANAGEMENT CITY OF DURHAM City of Durham Department of Water Management 1600 Mist Lake Drive Durham, NC 27704 919-560-4344 October 27, 2023 Mr. Scott Vinson, Regional Supervisor Water Quality Regional Operations Section Raleigh Regional Office NCDEQ, Division of Water Resources 3800 Barrett Drive Raleigh, NC 27609 Subject: NOV-2023-DV-0362 Permit No. WQCS00005 Dated: October 10, 2023; Received: October 19, 2023 City of Durham Collection System, Durham County Dear Mr. Vinson, � EDP NOV 2 - 2023 On October 19, 2023, the City of Durham Department of Water Management (DWM) received the above referenced Notice of Violation and Intent to Issue Civil Penalty. As graciously requested in the letter, the following evidence and justification demonstrates that these events were exceptional, unintentional, temporary, and beyond reasonable control of the utility, and that DWM undertook significant costs to mitigate their impact. Further, it demonstrates DWM's strong commitment to and investment in preventing and mitigating sanitary sewer overflows (SSOs). All conditions of the City's Collection System permit are met by the Department, including system cleaning, site visits, inspections, and easement maintenance. As such, we respectfully request that no civil penalties be assessed for the SSOs that occurred in the City's sewer collection system between September 1, 2023, and September 30, 2023. Incident #202301326 - 2534 Durham Chapel Full Boulevard - September 6, 2023, 7:18 AM On September 6, 2023, at 7:18 AM, an overflow occurred near 2534 Durham Chapel Hill Boulevard releasing an estimated 1,905 gallons of wastewater into a tributary of Third Fork Creek. Crews discovered that non -woven materials were the cause of the blockage and used JetVac truck to successfully clear the line. After assessing the extent of the spill, crews dammed the downstream creek with sandbags, set up a 4-inch pump to pump the untreated wastewater back into the collection system, and flushed the area using a nearby hydrant (dechlorinated water). Crews then used a JetVac truck to clean the three upstream and three downstream pipe reaches to ensure the pipes were clear. Sewer Rehabilitation Program: DWM has an active Sewer Rehabilitation Program. The program includes flow monitoring (25 permanent monitors), CCTV inspection, manhole inspection, easement mowing, field inspections and investigations, point repairs, line replacement, root and grease abatement and cured -in -place manhole and line rehabilitation. There are four full-time equivalents (FTEs) employees dedicated to DWM's system rehabilitation programs in the Utility Engineering Division of the Department. This workgroup handles flow monitoring and system data management and contract preparation, administration, and inspections. There are 21 FTEs in the City's Collections Systems Maintenance (CSM) workgroup in the Water and Sewer Maintenance (WSM) Division of DWM. This group performs CCTV inspections, hydraulic cleaning activities, mowing, manhole inspections, and manhole repairs. They respond to all reported concerns including blockages and overflows. In addition, the CSM crews are supported by the Excavation Services workgroup of WSM who perform identified point repairs, line replacements, and cured -in -place lining. The Lift Station Maintenance Division (LSM) focuses on oversight and maintenance of the 61 lift stations throughout the service area and the 136 air relief valves (ARVs) in the system. This workgroup of 21 FTEs conducts required daily, weekly, monthly, and annual inspections and associated preventive maintenance activities. In FY23, DWM spent about $22 million on Sewer Rehabilitation projects as a part of its Capital Improvements Programs. Fats Oils and Grease Program (FOG): The department's FOG education and outreach effort is conducted by three FTEs. (Staff are shared between the Industrial Pretreatment, Septage and FOG Programs). In addition to working with the Durham County Health Department, staff routinely inspect over 800 food service establishments (FSEs) annually to ensure appropriate cleaning and maintenance of grease interceptors. Staff participate in several community events, such as Earth Day, Center Fest and the Bimbe Festival, as well as neighborhood meetings. Department staff deliver residential Fat Trappers to increase awareness of the proper disposal methods for waste. DWM staff also conducts post-SSO follow-up education and enforcement as necessary. DWM invests over $50,000 per year in advertising the proper disposal of FOG on television. Staff post to the City's quarterly newsletter, the Durham Digest, along with multiple mentions in the City Manager's Report known as City Connect, to reach a broad range of Durham residents. Summary: Based upon the documented information provided above regarding these incidents, DWM believes that these SSO's were exceptional, unintentional, temporary, and caused by factors beyond the City and Department's control. DWM actively manages, operates, and maintains its system in such a manner as to meet or exceed all the requirements of the Collection System permit. As detailed above, DWM systematically inspects, flushes, and rehabilitates its wastewater collection system. The Department also actively works to regulate and educate the community regarding what should and should not be discharged into the City's sewer collection system. Docu$ign Envelope ID- BDC8793D-3D5E-4436-B810-B76C28C9B6AB ROY COOPER ELIZABETH S. BISER RICHARD E. ROGERS. JR. INtect Ir Certified Mail # 7020 3160 0000 4115 0264 Return Receipt Requested Donald F Greeley City of Durham 101 City Hall Plz Durham, NC 27701-3329 NORTH CAROLINA Fnvfronmentaf Quality October 10, 2023 SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY Tracking No.: NOV-2023-DV-0362 Sanitary Sewer Overflows - September 2023 Collection System Permit No. WQCS00005 Durham Collection System Durham County Dear Mr. Greeley: A review has been conducted of the self -reported Sanitary Sewer Overflows (SSO's) 5-Day Report/s submitted by City of Durham. The Division's Raleigh Regional Office concludes that the City of Durham violated Permit Condition I (2) of Permit No. WQCS00005 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. 143-215.1. The Raleigh Regional Office is providing the City of Durham an opportunity to provide evidence and justification as to why the City of Durham should not be assessed a civil penalty for the violation(s) that are summarized below: Total Vol Total Surface Incident Start Duration Vol Water Number Date (Mina) Location Cause (Gals) (Gals) DWR Action 202301326 9/6/2023 127 2534 DURHAM CHAPEL Debris in line HILL BOULEVARD, DURHAM, 27707 202301342 9/11/2023 517 624 HOMELAND Pipe Failure (Break) AVENUE, DURHAM, 27707 1,905 1,905 Notice of Violation 2,585 2,585 Notice of Violation - Notice of Intent �,\'�r,iki:vn9nsIk�.�n<nrrr.r><f:n'.srznunl:N QuaF.11 !If,.n'r.nni 5ti'n.fr kr.lv:;tit°: D_E �� R•H�,gjl k!¢aXFa (]l�jtf 7•uNl b.wre31 (1[4�C kJ!e l:�h ti,hl�lCTfnillld j.Rrll�l F 10 m Mn Q1 C O 0 O z O CL o. :c N CD m E a m io E 0 LL .0 O a N 7 U Q N a 0) V (D0 4, U Ui a, CL 3 CD 'D (� ) _ N a O o D W VJ N O v d O 0 CS N o a Y N U D ~ 01 -0 {_ 0 7 O v r z O 0 ` N U CL > m H o F- Gl O U 7 0 D Eli (0 IO (j N C YO C f0 Q m � � 7 v y � � 0 (n � 'y N m c c cU m d N U a CL ''o a E N E a o s .z C a p m o a� (n c4 'a 000 m >+ 0-m N N X � N Y N m L p N O. ur a) N O 47 L --E O CO C 0 CD I- C 7 s fl Q N av N o 0 0 � v f6 T N N .�• O r N J 1!1 -C 7 N tO O. rd N � a. 5 � 4t3 fi •� N r� T � � (� Ip Q O H _ ' d QOi O 0 0 C E 5 N y O. N x O O Q aai N p v ar 0� O o 0 -� N d- 3 a a 0 U. LL x Q 0 w- Y 0 11 E a� Q 0 E w 0 0 U O C 'a O. t N .r O O C N C Q F- Q � U f/l — CL L) Q D .gof� T a. y G7 O OL O C (D 0 O 0 0 C 3 C -0 C N 0 Q)i y c c U .o o `� co C QI J 7 as � > U cl a c � co C yj E U) N U - O N C C Q1 Y O F- 5 E C O Q U H F O C N Z d n U} Y 5 m p 0 Cn L U d ID a L F a1��1;3 State of North Carolina Department of Environment and Natural Resources Division of Water Resources Collection System Sanitary Sewer Overflow Reporting Form Divislon of Water Resources Form CS-SSO PART I: This form shall be submitted to the appropriate DWQ Regional Office within five business days of the first knowledge of the sanitary sewer overflow (SSO). Permit Number: WOCS00005 (WQCS# if active, otherwise use WQCSD#) Facility: Durham Collection System Incident #: 202301342 Owner: City of Durham City: Durham County: Durham Region: Raleigh Source of SSO (check applicable): 0 Sanitary Sewer ❑ Pump Station / Lift Station SPECIFIC location of the SSO (be consistent in description from past reports or documentation - i.e. Pump Station 6, Manhole at Westall & Bragg Street, etc): 624 HOMELAND AVENUE, DURHAM, , 27707 Manhole #: 19430 MAINLINE ID Latitude (Decimal Degrees): Incident Started Dt: 09/11/2023 Time (mm-dd-yyyy) Estimated Volume of the SSO: 2,585 Longitude (Decimal Degrees): 11:03 am (hh:mm AM/PM) Incident End Dt: 09/11/2023 Time: 07:40 pm (mm-dd-yyyy) (hh:mm AMIPM) gallons Estimated Duration (Round to nearest hour): 8:37 hours Describe how the volume was determined: 517 Gallons X 5GPM Weather conditions during the SSO event: Dry Did SSO reach surface waters? 0 Yes ❑ No ❑ Unknown Volume reaching surface waters (gals): 2585 Surface water name: Third Fork Creek Did the SSO result in a fish kill? ❑ Yes MNo ❑ Unknown If Yes, what is the estimated number of fish killed? SPECIFIC cause(s) of the SSO: 0 Pipe Failure (Break) 24 hour verbal notification (name of person contacted ): Curtis R Tyree [1 DWR ❑ Emergency Mgmt Date (mm-dd-yyy): 09/12/2023 Time (hh:mm AM/PM): 08:01:00 am If an SSO is ongoing, please notify the appropriate Regional Office on a daily basis until SSO can be stopped. Per G.S. 143-215.1C(b), the responsible party of a discharge of 1,000 or more of untreated wastewater to surface waters shall issue a press release within 24-hours of first knowledge to all print and electronic news media providing general coverage in the county where the discharge occurred. When 15,000 gallons or more of untreated wastewater enters surface waters, a public notice shall be published within 10 days and proof of publication shall be provided to the Division within 30 days. Refer to the reference statute for further detail. The Director Division of Water Resources may take enforcement action for SSOs that are re uired to be reported to Division unless it is demonstrated that: 1) the discharge was cause by sever natural conditions and there were no feasible alternative to the discharge; or 2) the discharge was exceptional, unintentional, temporary and caused by factors beyond the reasonable control of the Permittee and/or owner, and the discharge could not have been prevented by the exercise of reasonable control. Part II must be completed to provide a justification claim for either of the above situations. This information will be the basis WHETHER OR NOT PART III IS COMPLETED, A SIGNATURE IS REQUIRED AT THE END OF THIS FORM CS-SSO Form Page Does the line receive flow from a force main immediately upstream of the failed secti ❑ Yes 2 No ❑ NA ❑ NE of pipe? If yes, what measures are taken to control the hydrogen sulfide production? NA When was the line last inspected or videoed? 11/23/2022 If line collapsed, what is the condition of the line up and down stream of the failure? Line was not collapsed but separated due to erosion pushing down on pipe forcing it to back out of jointed area. What type of repair was made? 14 feet of pipe that was offsetting was replaced with temporary repair. Is the repair temporary or permanent? Temporary If temporary, when is the permanent repair planned? Engineering had this 12ipe u12 for replacement in the months to come but due to the circumstances we will be contracting out for emergency renewal of the whole asset. Have there been other failures of this line in the past five years? If so, then describe NA System Visitation ORC Backup Name: Larry Hughes Cert# 1005483 Date visited: 09/11/2023 Time visited: 11:30am Yes R] No ❑ NA NE Yes 7 Yes CS-SSO Form Page: 3 m � V U N C �a a Cl) o m N r LP C N � N r m O w ♦+ o 0 01 E Q t°�VF c 0 .N C _ 7 ovE c 0 .y C N 3 E d WIQ m c W Z 2 0 C 0 Ma 3 E ° r-, W � Q Q w c a o W u 2 •y c O M V w � C d E Q u OC OC � 0> � H 0 ti. d � W A E A o d � m a � E C O W V 0 �+ c v � a re- E a Q E 7. C d le C g ^ IU N O E m Lo C N a GI Y1 C. v 0o a Q Q E o rn N � U O `m L a c c d L CD LL a V 2= 0 O O 64 0 0 r O O 6d9 0 0 w r v M a 69 0 0 0 C 0 N M 69 (O N 8) to 0 O N w ON to h h h M M m N N r r r r r r r r O N O r C7 iC/ n GO CO LO co r d) O O O O O O O O O O O O O O z z z z z z z z z z z z z z 0 0 0 0 o 0 o O o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o a o a o 0 0 0 0 o d 0 0 0 0 0 0 0 0 to 69 69 w E9 69 69 69 69 69 69 co o h tp cp o N W r n M h O d ~ d (D r fit/ O O M d 01 r d N h M 4 MIT O LSO_ fh+. 4) a0 00 O a6 M co r r M M ,- N N N r f+ eY r W) n EA (A V1 fA fA 69 d9 69 69 EA 69 EA 69 69 O O co N n 69 0 0 ui N d C. 0 co 0 0 N O O O C ,0 n co N 69 0 0 0 O d9 O 0 0 0 N 0 n (n Q 69 0 0 0 Ln 44 r rn ri 9 N N 0 0 rn rn C) 0 0 0 CN N 69 n v� N �f1 0 0 r- r 0 N d N (7 69 0 0 LO 69 rn O [_1 Of ri 4 m N 0 O L6 m 0 0 d I- n 69 N N N co a'o 0 0 0 N 0 STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DEPARTMENT OF ENVIRONMENTAL QUALITY SYSTEM -WIDE COLLECTION SYSTEM PERMIT In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other applicable Laws, Rules, and Regulations, permission is hereby granted to the City of Durham W QCS00005 FOR THE operation and maintenance of a wastewater collection system consisting of, at the time of permit issuance, 1,124 miles of gravity sewer, approximately 56 miles of force main, 63 duplex pump stations, and all associated piping, valves, and appurtenances required to make a complete and operational wastewater collection system to serve the City of Durham and any deemed permitted satellite communities, pursuant to the application received August 9, 2018, and in conformity with the documents referenced therein and other supporting data subsequently filed and approved by the Department of Environmental Quality and considered a part of this permit. This permit shall be effective from August 16, 2018 until July 31, 2026, and shall be subject to the following specified conditions and limitations: niirham Cnllectlnn Svstem Permit No. WOCS00005 Page i of 9 service for the wastewater collection system 24 hours per day, seven days per week can be contacted. This emergency contact telephone number shall be coupled with instructions that the emergency contact should be called if the visual alarm illuminates, if the audible alarm sounds, or if an emergency is apparent. [15A NCAC 02T .0305 (h) (2)] 9. Pump station sites, equipment and components shall have restricted access. [15A NCAC 02T .0305 (h) (4)] 10. Pump stations that do not employ an automatic polling feature (i.e. routine contact with pump stations from a central location to check operational status of the communication system) shall have both audible and visual high water alarms. The alarms shall be weather-proof and placed in a clear and conspicuous location. Permits issued for the construction of pump stations that included high water alarms in the description must maintain the alarms even if simple telemetry (i.e. notification of an alarm condition initiated by the pump station control feature) is installed. 11. [15A NCAC 02T .0305 (h) (1)] 12. For all newly constructed, modified and rehabilitated pump stations, all equipment and components shall be sealed within a corrosion -resistant coating or encasement to the extent practicable and equivalent to the minimum design criteria unless the permittee can demonstrate it is not practicable or another form of corrosion resistance is employed. [15A NCAC 02T .0108 (b)] II. OPERATION AND MAINTENANCE REQUIREMENTS Upon classification of the collection system by the Water Pollution Control System Operators Certification Commission (WPCSOCC), the Permittee shall designate and employ a certified operator to be in responsible charge (ORC) and one or more certified operator(s) to be back-up ORC(s) of the facilities in accordance with 15A NCAC 8G .0201. The ORC shall visit the system within 24 hours of knowledge of a bypass, spill, or overflow of wastewater from the system, unless visited by the Back - Up ORC, and shall comply with all other conditions of 15A NCAC 8G .0204. 115A NCAC 08G .0200 et.seq.] 2. The Permittee shall develop and adhere to a schedule for reviewing all inspection, maintenance, operational and complaint logs. If the review process results in the identification of any recurring problem in the wastewater collection system that cannot be resolved in a short time period, the Permittee shall establish a plan for addressing the problem(s). [15A NCAC 02T .0108 (b)] 3. The Permittee shall develop and adhere to a schedule for testing emergency and standby equipment. [15A NCAC 02T .0108 (b)] 4. The Permittee shall develop and implement a routine pump station inspection and maintenance program which shall include the following maintenance activities: a. Cleaning and removing debris from the pump station structure, outside perimeter, and wet well; b. Inspecting and exercising all valves; c. Inspecting and lubricating pumps and other mechanical equipment; and d. Verifying the proper operation of the alarms, telemetry system and auxiliary equipment. [15A NCAC 02T .0108 (b)] Ill. RECORDS 1. Records shall be maintained to document compliance with Conditions] (4), II (2) - II (4), II (7) - II (8), IV (3) and V (1) -V (4). Records shall be kept on file for a minimum of three years. [15A NCAC 02T .0108 (b)) 2. The Permittee shall maintain adequate records pertaining to SSOs, and SSO or wastewater collection system complaints for a minimum of three years. These records shall include, but are not limited to, the following information: i. Date of SSO or complaint; ii. Volume of wastewater released as a result of the SSO and/or nature of complaint; lil. Location of the SSO and/or complaint; iv. Estimated duration of the SSO; v. Individual from the Division who was informed about the S50 and/or complaint, when applicable; vi. Final destination of the 550; vii. Corrective actions; viii. Known environmental/human health impacts resulting from the SSO; and ix. How the SSO was discovered. [15A NCAC 02T .0108 (b)] 3. The Permittee shall maintain an up-to-date, accurate, comprehensive map of its wastewater collection system that also notes the locations where other wastewater collection systems become tributary. if a comprehensive map of the collection system has not been established, a rough sketch shall be drawn. The Permittee shall map approximately 10 percent of its existing collection system each year for the next ten years beginning at the original permit issuance date, or until complete, whichever is sooner. The comprehensive map shall include, but is not limited to: pipe size, pipe material, pipe location, flow direction, approximate pipe age, and each pump station identification, location and capacity. [15A NCAC 02T .0108 (b)) 4. The Permittee shall maintain records of all of the modifications and extensions to the collection system permitted herein. The Permittee shall maintain a copy of the construction record drawings and specifications for modifications/extensions to the wastewater collection system for the life of the modification/extension. Information concerning the extension shall be incorporated into the map of the wastewater collection system within one year of the completion of construction. The system description contained within this permit shall be updated to include this modification/extension information upon permit renewal. [15A NCAC 02T .0108 (b)] IV. MONITORING AND REPORTING REQUIREMENTS 1. In the event of an 550 the Division may require monitoring that is necessary to ensure surface water and groundwater protection and an acceptable sampling and reporting schedule shall be implemented. 115A NCAC 02T .0108 (c)] 2. The Permittee shall verbally report to a Division of Water Resources staff member at the Raleigh Regional Office, at telephone number (919) 791-4200 as soon as possible, but in no case more than 24 hours following first knowledge of the occurrence of the following circumstances within the Such request will be considered on its merits and may or may not be approved. [15A NCAC 02T .0104; G.S. 143-215.1(d)(3)] 2. Failure to abide by the conditions and limitations contained in this permit may subject the Permittee to an enforcement action by the Division in accordance with North Carolina General Statute §143- 215.6A through §143-215.6C, and a sewer moratorium may be established. [15A NCAC 02T .0104] 3. The issuance of this permit does not exempt the Permittee from complying with any and all statutes, rules, regulations, or ordinances that may be imposed by othergovernment agencies (i.e., local, state, and federal) having jurisdiction. [G.S. 143-215.1(b)] 4. The issuance of this permit does not prohibit the Division from reopening and modifying the permit, revoking and reissuing the permit or terminating the permit as allowed by the laws, rules, and regulations or as needed to address changes in federal regulations with respect to the wastewater collection system, in accordance with required procedures. [G.S. 143-215.1(b)(4)] 5. The Permittee shall pay the annual fee within thirty (30) days after being billed by the Division. Failure to pay the fee accordingly may cause the Division to initiate action to revoke this permit. [15A NCAC 02T .0110 (4)] 6. The Permittee shall file an application for renewal of this permit at least six months prior to the expiration of this permit. Upon receipt of the request, the Director will review the adequacy of the wastewater collection system described therein, and if warranted, will extend the permit for a period of time and under such conditions and limitations, as the Director may deem appropriate. [15A NCAC 02T .0109] 7. The Permittee shall notify the Division's Pretreatment, Emergency Response and Collection Systems Unit in writing at 1617 Mail Service Center, Raleigh, North Carolina 27699 of any changes to the name and/or address of the responsible party (i.e. mayor, city/town manager) of the wastewater collection system. [15A NCAC 02T .0106 (c)] 8. Any duly authorized officer, employee, or representative of the Division may, upon presentation of credentials, enter and inspect any property, premises or place on or related to the collection system at any reasonable time for the purpose of determining compliance with this permit, may inspect or copy any records that must be maintained under the terms and conditions of this permit, and may obtain samples of wastewater, groundwater, surface water, soil, or plant tissue. [15A NCAC 02T .0110 (3)] 9. The Permittee or their authorized representative shall have available a copy of this permit to present upon request by any duly authorized officer, employee, or representative of the Division. [15A NCAC 02T .0104] VII. SPECIAL CONDITIONS 1. The local sewer permitting program that has been delegated to the Permittee by the Environmental Management Commission (EMC) may be suspended or revoked unless the documentation within the approved delegation application package and any modifications thereto are valid, the requirements in 15A NCAC 2T .0306 and General Statute §143-215.1(f) are met, the conditions of this permit are met, and the wastewater collection system extensions are constructed in accordance with the conditions and specifications of the delegated program. [G.S. 143-215.1(f)(1)] Cl-- n........:41.T- 11r^f1C+nnnnc n - +r -pO