WQCS00005_NOV-2023-DV-0423 Resposne to Notice_20240116

I M WATER MANAGEMENT
CITY OF DURHAM
NC Z- 0 ter' ircn�
JA N 1 9 -2024
City of Durham
Department of Water Management
1600 Mist Lake Drive
Durham, NC 27704
919-560-4344
January 17, 2024
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: Response to NOV-2023-DV-0423
Dated: December 13, 2023; Received: January 2, 2024
Permit No. WQCS00005
On Thursday, January 17, 2024, 1 received the document and attachments addressed to:
Raleigh Regional Office
3800 Barrett Drive
Raleigh, NC 27609
Signature Dote

--. N

WATER MANAGEMENT
CITY OF DURHAM
City of Durham
Department of Water Management
1600 Mist Lake Drive
Durham, NC 27704
919-560-4344
January 16, 2024
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: Response to NOV-2023-DV-0423
Dated: December 13, 2023; Received: January 2, 2024
Permit No. WQCS00005
Dear Mr. Vinson,
i Qu-al; ry
Please permit this letter to respond to the above referenced Notice of Violation & Intent to Issue Civil
Penalty received on January 2, 2024. 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. This evidence will also establish the significant costs and actions taken to
stop the discharge; contain the release of untreated wastewater; collect the wastewater, and restore the
possible environmental impacts. Further, it demonstrates the City of Durham Department of Water
Management's (DWM) strong commitment to and investment in preventing and mitigating sanitary
sewer overflows (SSO). 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 SSO that occurred in the City's
wastewater collection system between November 1, 2023, and November 30, 2023.
Incident #202301520 - November 7, 2023 -1102 Infinity Road
On November 7, 2023 at 9:06 AM, an overflow was reported near 1102 Infinity Road releasing an
estimated 2,040 gallons of wastewater into a tributary of Eno River. Crews discovered that sedimentary
debris in the line was 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). This approach contained the sewer flow and minimized the

environmental impact on the surrounding land and downstream waters. Crews used a JetVac truck to
clean the three upstream and three downstream pipe reaches to ensure the pipes were clear. No grease
or non -woven debris were observed.
The City's Stormwater Services Division responded and conducted ammonia testing to determine the
spill's extent and advise the Department when the site returned to normal conditions. Visual inspection
of the affected area and downstream waters confirmed there were no immediately visible adverse
environmental impacts or hazards to persons or property, including no fish kill or unnecessary vegetative
damage.
Follow up cleaning will be scheduled to coincide when the treatment plant flow is high to ensure no
repeat problems occur when flow is high.
The Department's cost to remediate this spill was $4,054.41.
The incidents leading to this spill can be considered exceptional, unintentional, temporary, and caused by
factors beyond reasonable control. Furthermore, the SSO could not have been prevented by exercising
reasonable control, such as routine operations and maintenance, adequate treatment facilities, or
collection system facilities or components. This asset has been identified for additional assessment and a
possible capital improvement project for replacement.
Ongoing City -Wide Measures to Reduce the Occurrence of SSO Incidents
DWM has several programs in place to prevent and reduce the occurrence of SSO incidents. DWM has
implemented a Collection System Management, Operations & Maintenance (CMOM) plan that expands
and enhances its existing programs.
System Flushing and Inspection:
DWM routinely contracts cleaning, CCTV inspection, smoke testing, and manhole inspections of portions
of the sewer collection system. DWM completes the inspection of the collection system systematically
based on City defined geographical basins.
In FY23, DWM spent about $22 million on Sewer Rehabilitation projects as a part of its Capital
Improvements Programs.
DWM ensures the requirements of the collection system permit are met by deploying City crews to clean
at least 10% of the collection system annually with a goal of exceeding the requirement by an additional
two to five percentage points each year. DWM measures the cleaning on a fiscal year basis starting July 1.
In Fiscal Year 2022, DWM cleaned 10.14% of the collection system. In Fiscal Year 2023, DWM cleaned
10.4% of the collection system. As of November 30, 2023, approximately 4.13% of the City's collection
system had been cleaned by City staff and contractors.
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 seven 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 20 FTEs in the City's Collections Systems Maintenance (CSM) workgroup in the Sewer
Maintenance Division of DWM. This group performs CCTV inspections, hydraulic cleaning activities,
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 who
perform identified point repairs, line replacements, and cured -in -place lining.
The Lift Station Maintenance workgroup (LSM) focuses on oversight and maintenance of the 61 lift
stations throughout the service area. This workgroup of 17 FTEs conducts required daily, weekly,
monthly, and annual inspections and associated preventive maintenance activities.
The 11 FTEs in the Outfall Maintenance (OFM) workgroup perform routine inspection and mowing of
easements and inspection of the designated high priority lines. In addition, they facilitate the inspections
and repair of the 136 air relief valves (ARVs) in the City's sewer system.
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
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 conduct 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 this incident, DWM believes that this
SSO was 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.
The department staff welcomes the opportunity to meet with you and your staff to review our program
and discuss constructive ways to improve what we are already doing in the City of Durham. If you have

any questions or need any additional information, please do not hesitate to contact me at (919) 560-
4381 or via email at Don.Greeley(@durhamnc.eov.
Sincerely,
Donald F. Greeley,
Director
Attachments
C: Jason Robinson, DEQ—Water Quality Regional Operations Section, Raleigh Regional Office
Junior Mobley, Superintendent, Water Maintenance, Water Management
Kenny Willard, Superintendent, Sewer Maintenance, Water Management
Scott Smart, Assistant Director, Water Management

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Incident #202301520
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`rC. OWfi# Erie:
State of North Carolina
Department of Environment and Natural Resources
DWR jq N ! 9 zO?4 Division of Water Resources
Collection System Sanitary Sewer Overflow Reporting Form
DIvIslon of Water Resources �y31,�,: 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: WQCS00005 (WQCS# if active, otherwise use WQCSD#)
Facility: Durham Collection System Incident #: 202301520
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): 1102 INFINITY ROAD, DURHAM, , 27712
Manhole #: 02601
Latitude (Decimal Degrees):
Incident Started Dt: 11/07/2023 Time:
(mm-dd-yyyy)
Estimated Volume of the SSO: 2,040
Longitude (Decimal Degrees):
9:06 am Incident End Dt: 11/07/2023 Time: 12:30 pm
(hh:mm AM/PM) (mm-dd-yyyy (hh:mm AM/PM)
gallons Estimated Duration (Round to nearest hour): 3:24 hours
Describe how the volume was determined: 204 minutes X 10gpm
Weather conditions during the SSO event: Dry
Did SSO reach surface waters?
Surface water name: Eno River
[1 Yes ❑ No ❑ Unknown Volume reaching surface waters (gals): 2040
Did the SSO result in a fish kill? [-]Yes 0 No ❑ Unknown If Yes, what is the estimated number of fish killed?
SPECIFIC cause(s) of the SSO:
0 Debris in line
24 hour verbal notification (name of person contacted ): Chris Smith
0 DWR ❑ Emergency Mgmt Date (mm-dd-yyy): 11/07/2023 Time (hh:mm AMIPM): 03:15:00 pm
0
If an SSO is ongoing, please notify the appropriate Regional Office on a daily basis until SSO can be stopped.
Per G.S. 143-215.1 C(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 required 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: 1

PART II:
ANSWER THE FOLLOWING QUESTIONS FOR EACH RELATED CAUSE CHECKED IN PART I OF THIS FORM AND
INCLUDE THE APPROPRIATE DOCUMENTATION AS REQUIRED OR DESIRED
COMPLETE ONLY THOSE SECTONS PERTAINING TO THE CAUSE OF THE SSO AS CHECKED IN PART
(in the check boxes below, NA = Not Applicable and NE = Not Evaluated)
A HARDCOPY OF THIS FORM SHOULD BE SUBMITTED TO THE APPROPRIATE DWR REGIONAL OFFICE UNLESS IS
Debris in line
What type of debris has been found in the line?
Sludge and gravel
Suspected cause or source of debris.
Comina from force main upstream
Are manholes in the area secure and intact? L7j Yes ❑ No ❑ NA ❑ NE
When was the area last checked/cleaned?
02/12/2021
Have cleaning and inspections ever been increased at this location due to previous Yes 0 No NA NE
problems with debris?
Explain:
The last issue we had at the current mainline was due to a broken pipe obstruction downstream that was corrected.
Are appropriate educational materials being developed and distributed to prevent full 0 Yes ❑ No ❑ NA El NE
similar occurrences?
Comments:
We spoke with the owrators and informed them next time we have a pump down to inform us so we can have appropriat.
equipment ready onsite. T
System Visitation
ORC Yes
Backup 0 Yes
Name:
Larry Hughes
Cert#
1005483
Date visited:
11 /07/2023
Time visited:
11:30am
CS-SSO Form Page: 2

How was the SSO remediated (i.e. Stopped and cleaned up)?
Crew arrived on scene and found manhole 02601 overflowing at 10gpm. Crew proceeded to go downstream and find the
manhole to flush main. Crew proceeded to flush main and remove blockage of sludge and small gravel in basket. Just fc
precautionary measure we proceeded to flush all assets in area during low flow hours to make sure no re -occurring issue
Crews went downstream and tested an unnamed tributary of Eno River until we found zero ammonia. We setup bypass
pump_ at location with sandbags blocking flow from passing. We removed all untreated wastewater and discharged it with
the pump back into sewer manhole 02632. We proceeded to clean up area around manhole 02601 where overflow
occurred. We removed all of the lop laver of soil around manhole and washed down area as well. We put down new ar&
seed and straw and also out construction fence around the area per customers request. We used a_hydrant meter and
defuser upstream to help push all untreated wastewater to pump. Crew cctv all mans that were stopped up and found no
issues with pipe. On 111912023we called local stormwater quality to check creek at several areas for ammonia test. Ian
Smith checked area and came back with zero ammonia and we removed pump. We have this area on hotspot program c
will monitor every three months for issues.
As a representative for the responsible party, I certify that the information contained in this report is true and accurate to the
best of my knowledge.
Person submitting claim:
Signature:
Telephone Number: 9,M } J--09 " � 0b
Date: 11/09/23 01:51 pm
Title: I L✓� �L (I
Any addition information desired to be submitted should be sent to the appropriate Division Regional Office within five days of f
knowledge of the SSO with reference to the incident number (the incident number is only generated when electronic entry of th
form is completed, if used).
CS-SSO Form Page: 3

DocuSign Envelope ID: EAE4DB38-C747-49FF-8309-5687EE7DC449
ROY COOPM
ELIZA1301 I S. BISER
RICHARD E ROGERS, JR.
Certified Mail # 7020 3160 0000 4115 0745
Return ei t Reguested
Donald F Greeley
City of Durham
101 City Hall Piz
Durham, NC 27701-3329
£n virunineniul Quality
December 13, 2023
RECEIVED
City of Durham
?AN 2 Z02
Office o/the Director
Dept. of Water Management
SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY
Tracking No.: NOV-2023-DV-0423
Sanitary Sewer Overflows - November 2023
Collection System Permit No. WQCS00005
Durham Collection System
Durham County
Dear Mr. Greeley:
NC C 01ir,�!;rOni;:�nt!;1`7L:°
JAN 9 �OIA
-J�
A review has been conducted of the self -reported Sanitary Sewer Overflows (SSO's) 5-Day Reports 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
202301520 11/7/2023 204 1102 INFINITY ROAD, Debris in line 2,040 2,040 Notice of Violation
DURHAM, 27712
This Notice of Violation / Notice of Intent to Enforce (NOV/NOI) is being issued for the noted violation. Pursuant
to G.S. 143-215.6A, a civil penalty of not more than twenty-five thousand dollars ($25,000.00) may be assessed
against any person who violates or fails to act in accordance with the terms, conditions, or requirements of any
permit issued pursuant to G.S. 143-215.1.

DocuSiyn Envebpe ID: EAE40838-C747-49FF-8309-5687EE7DC449
This office requests that you respond to this Notice, in writing, within 10 business days of its
receipt. In your response, you should address the causes of non-compliance, remedial actions, and all other
actions taken to prevent the recurrence of similar situations. The response to this correspondence will be
considered in this process. Enforcement decisions will also be based on volume spilled, volume reaching surface
waters, duration and gravity, impacts to public health, fish kills or recreational area closures. Other factors
considered in determining the amount of the civil penalty are the violator's history of non-compliance, the cost of
rectifying the damage, whether the spill was intentional and whether money was saved by non-compliance.
If you have any questions, please do not hesitate to contact Kevin Fowler with the Water Quality Section in the
Raleigh Regional Office at 919-791-4200 or via email at [e-mail].
Sincerely,
CDOCUSighld hy;
�VAUL) SSx f . kA"d
e2919ESA93214*
Vanessa Manuel, Assistant Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ
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