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HomeMy WebLinkAboutWQCS00193_DV-2024-0039 Civil Penalty Folder_20240403STAfF,' Si 3- ROY COOPERW �} ELIZABETH S. BISER q � Fv Secretary RICHARD E. ROGERS, JR. NORTH CAROLINA Director Environmental Quality Certified Mail # 7017 0190 0000 2486 0476 Return Receipt Requested April 3, 2024 Adam Mitchell, Town Manager Town of Fuquay-Varina 134 N Main St Fuquay Varina, NC 27526-6267 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. WQCS00193 Town of Fuquay-Varina Fuquay-Varina Collection System Case No, DV-2024-0039 Wake County Dear Mr. Mitchell: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $595.36 ($500.00 civil penalty $95.36 enforcement costs) against Town of Fuquay-Varina. This assessment is based upon the following facts: a review has been conducted of the Sanitary Sewer Overflow (SSO) 5-Day Report submitted by Town of Fuquay-Varina. This review has shown the subject facility to be in violation of the requirements found in Collection System Permit No. WQCS00193 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 Town of Fuquay-Varina violated the terms, conditions or requirements of Collection System Permit No. WQCS00193 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), Nat Ih Car hG Dwartmcnt ni Enrlrnmooual QU,:ftq I Dlvis rot# Ailcr Rr,wircrs D_E �� 0.aiNgh liry opal Olfirr 3600E -rrtrl rivr 0..drlgh Vn eh Carnhnr L:hpp 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, Michael Hall, Regional Supervisor, Raleigh Regional Office hereby make the following civil penalty assessment against Town of Fuquay-Varina: 500.0 For 1 of the 1 violations of Collection System Permit No. WQCS00193 and G.S. 143-215.1(a)(]) for Sanitary Sewer Overflow(s) resulting in a discharge without a valid permit. 500.00 TOTAL CIVIL PENALTY 95.36 Enforcement Costs 595.36 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. I (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 Penalt3 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 L301 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 Michael Hall, 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 inust 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 (ifa 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) 791-4200 or via email at kevin.fowler@deq.nc.gov. Sincerely, Y2-Michael Hall, Regional Supervisor tl Water Quality Regional Operations Section Raleigh Regional Office Division of Water Resources, NCDEQ ATTACHMENTS Cc: Laserfiche JUSTIFICATION FOR REMISSION REQUEST Case Number: DV-2024-0039 Assessed Party: Town of Fuquay-Varina County: Wake Permit No.: WQCS00193 Amount Assessed: $595.36 Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Rentission, 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. l (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 yott took to correct the violation and prevent fixture occurrences); (c) the violation was inadvertent or a result of an accident (i.e., explain why the violation was unavoidable or someth ing yo it 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 hou- payment of the civil penalty iiill prevent you front peg forming 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 Town of Fuquay-Varina ) Fuquay-Varina Collection System ) PERMIT NO. WQCS00193 ) CASE NO. DV-2024-0039 Having been assessed civil penalties totaling $595.36 for violation(s) as set forth in the assessment document of the Division of Water Resources dated A rile 3,_2024, 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 __ ADDRESS TELEPHONE SIGNATURE , 20 ATTACHMENT A Town of Fuquay-Varina CASE NUMBER: DV-2024-0039 PERMIT NO: WQCS00193 FACILITY: Fuquay-Varina Collection System Other Violations INCIDENT VIOLATION NUMBER DATE VIOLATION TYPE VIOLATION DESCRIPTION 202301717 12/20/2023 CSOISSO(Sewer Overflow) Discharge without valid permit REGION: Raleigh COUNTY: Wake TOTAL VOLUME (GALLONS) PENALTY AMOUNT 2,050 $500.00 DIVISION OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT Violator: Town of Fuauay-Varina Facility Name: Fuuuay-Varina Collection System Permit Number: WQCS00193 County: Wake Case Number: DV-2024-0039 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 2,050 gallons of wastewater overflowed from the Fuquay-Varina Collection System due to pipe failure. 2,050 gallons of wastewater flowed to Middle Creek, a class C;NSW in the Neuse River Basin. Nutrients and pathogens to surface waters. 2) The duration and gravity of the violation; The SSO started on 12.20.2023 at 11:15 am and ended the same day at 12:37 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 not given. 5) The amount of money saved by noncompliance; Any money saved by non-compliance is de minimis. 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 has been i enforcement case within the past 12 months. S) The cost to the State of the enforcement procedures. $95.36 Date 'f�c/1/L Michael Hall, Regional Supervisor Water Quality Regional Operations Section Raleigh Regional Office Division of Water Resources, NCDEQ F'J Q U/1`(NAR E N A January 17, 2024 Vanessa Manuel Water Quality Regional Operations Section Raleigh Regional Office Division of Water Resources, NCDEQ 1628 Mail Service Center, Raleigh, NC 27699-1628 RE: NOTICE OF VIOLATION NOV-2024-DV-0012 Sanitary Sewer Overflow -Incident #202301717 Collection System Permit No. WQCS00193 Town of Fuquay-Varina Wake County Dear Ms. Manuel, Michael Wagner Public Utilities Director mwagner@fuquay-varina.org The Town of Fuquay-Varina appreciates the opportunity to respond to the Notice of Violation dated January 9, 2024, for a Sanitary Sewer Overflow (SSO) incident # 202301717 that occurred on December 20, 2023, because of a break on the Middle Creek Pump Station force main. It is our intent that this response will provide sufficient additional information regarding the incident and justification that the Town should not be assessed a civil penalty. Cause of non-compliance: On December 20, 2023, a customer called in an odor complaint and possible water leak at 10016 Fayetteville Road. The ORC and Town staff quickly responded and determined that a 10-inch PVC C-900 force main was leaking. Remedial Action Taken: The Town's operation and maintenance crew responded immediately. While the line was being excavated and prepared for repair, a pump and haul was performed at the Middle Creek Pump Station to stop the leak. Once the crew had the pipe exposed, a 10- inch repair band was used to repair the fractured pipe. Once the repair was complete, the excavated area was backfilled, limed, seeded and strawed. The Middle Creek Pump Station was also placed back into service the same day. As demonstrated, Operation and Maintenance personnel were responsive and took immediate action to respond to the customer's call and initiated corrective action to address the broken pipe. A cracked force main is not something that the utility could have planned for or prevented from happening. Unfortunately, it is not uncommon to have pipe failures during the winter months when the soil temperatures are constantly changing, causing thermal stresses in the ground. We believe this letter justifies our Public Utilities Town of Fuquay-Varina 134 N. Main Street, Fuquay-Varina, NC 27526 (919) 753-1028 fuquay-varina.org commitment to maintaining the collection system and we hope that the Division recognizes these efforts. Therefore, we respectfully request that the Division not take any further enforcement action against the Town. Sincerely, Michael Wagner Public Utilities Director Cc: file Jonathan Joyner, QRC DocuSign Envelope ID: 387A38B8-8B9E-413C-9557-B4952D60BE3C ROY COOPER ELIZABETH S. BISER Sep;04.e"1 RICHARD E. ROGERS JR. 01--m-w Certified Mail # 7020 3160 0000 219 3501 Return Receipt RSguested Adam Mitchell, Manager Town Town of Fuquay-Varina 134 N Main St Fuquay Varina, NC 27526-6267 v °.a STAf[n NORTH CAROL:NA Environmental Quality January 09, 2024 SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY Tracking No.: NOV-2024-DV-0012 Sanitary Sewer Overflows - December 2023 Collection System Permit No. WQCS00193 Fuquay-Varina Collection System Wake County Dear Mr. Mitchell: A review has been conducted of the self -reported Sanitary Sewer Overflows (SSO's) 5-Day Report/s submitted by Town of Fuquay-Varina. The Division's Raleigh Regional Office concludes that the Town of Fuquay-Varina violated Permit Condition I (2) of Permit No. WQCS00193 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 Town of Fuquay-Varina an opportunity to provide evidence and justification as to why the Town of Fuquay-Varina 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 (Mins) Location Cause (Gals) (Gals) DWR Action 202301717 12/20/2023 82 10016 FAYETTEVILLE Pipe Failure (Break) 2,050 2,050 Notice of Violation - ROAD, Fuquay Varina, Intent to Assess 27526 �E���\,xrhCan•&u@;�ninen[<d[ma.xwrcnlal[�„al.[3 [i.nirnnf5i'�rr•Rn[wne. R.11CWN (A lk, 360 lwmt b0-. kA-kib ',;.on 0-14k R,04 DaruSign Envelope ID: 3B7A38B8-8B9E-413C-9557-B4952D606E3C 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. This office requests that you respond to this Notice, in writing, within 10 business days of its receipt. In your response, you should address the causes of non-compliance, remedial actions, and all other actions taken to prevent the recurrence of similar situations. The response to this correspondence will be considered in this process. Enforcement decisions will also be based on volume spilled, volume reaching surface waters, duration and gravity, impacts to public health, fish kills or recreational area closures. Other factors considered in determining the amount of the civil penalty are the violator's history of non-compliance, the cost of rectifying the damage, whether the spill was intentional and whether money was saved by non-compliance. If you have any questions, please do not hesitate to contact Kevin Fowler with the Water Quality Section in the Raleigh Regional Office at 919-791-4200 or via email at kevin.fowler@deq.nc.gov. Cc: Laserfische Sincerely, DocuSigned by: VAIIA1,SSa f. AUan,l,cl —629'6EBA932144F Vanessa Manuel, Assistant Regional Supervisor Water Quality Regional Operations Section Raleigh Regional Office Division of Water Resources, NCDEQ \',x!i, unrlVruik;�r!�r,e,n ed E,ntavnrtren�!sl Qual.!T 1 f�,.ni-n r�l Wales Nr+.xnec•� DE R.rirlylr k<ginnr?011kr l';'iQ(lb;�r!ell UriK lk..:ukrl+. ��x!?rCwnli�M Zhrun ROY COOPER Governar ELIZABETH S. BiSER s c.-ric.1 RICHARD E. ROGERS, JR. vut%for Certified Mail # 7020 3160 0000 219 3501 Return Receipt „Requested Adam Mitchell, Manager Town Town of Fuquay-Varina 134 N Main St Fuquay Varina, NC 27526-6267 $��t l�farl EIPT . ' 1?f Fnr nj Mail Foo -^ -� ri.t s - V F;x1r;1 St;rvicas & FAos (ctrrcR tb,,, 0n4um RcetlPl tlu:!tojrel °VJ!eu as N-yxcArisCml at i R [jC«IE: 4d r,I R"kCO t©U NORTH i CARQLI' OAu I.':"�•':':•at�"ays�u Environmental Qu, M p-- - " "�°ol%"yS~�^� -0 510yu ROAM MITCIifI 1. TOWN MANAGER - 70WN OF FUQUAyygplNA fTi Tota,Poct: 134NMAWSrjtEr C3 5 _ FUQUAY•VARINA, Soar To WQ;N•Oy NC 2F526 ru & IN►ENr TO ISSUE CIVIL PCNAl7Y i� WgCS00193/FUQUAY VARINA COLLECTION/No W74.oVI Srniviiinii 202D31s00o0Q72191s01 M m/11/2024 / AxE pSfaFm�t�oC a •ry ' t g415 ?8tL xE4r}p}90ak4i S`9Q I�BV4F9$rCf SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY Tracking No.: NOV-2024-DV-0012 Sanitary Sewer Overflows - December 2023 Collection System Permit No. WQCS00193 Fuquay-Varina Collection System Wake County Dear Mr. Mitchell: A review has been conducted of the self -reported Sanitary Sewer Overflows (SSO's) 5-Day Report/s submitted by Town of Fuquay-Varina. The Division's Raleigh Regional Office concludes that the Town of Fuquay-Varina violated Permit Condition I (2) of Permit No. WQCS00193 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 prov justification as to why the Town of are summarized below: Incident Start Duration Number Date (Mips) Le 202301717 12/20/2023 82 if RI 2, 0 Complete items 1, 2, and 3. 11 Print your name and address on the reverse so that we can return the card to you. Of Attach this card to the back of the maitpiece or on the front if space permits. t. At fideAddressed ta: ADAM MIrCI1ELL. TOWN MANAGER TOWN OF FUQVAY• VARLNA 134 N MAIN STREET rrlQUAY-VARINA, NC 27526 WQ:NOV &INTENT W7O $SSUE CIVIt PENALTY/NOV-2024• QCS00193/FUQUAY•r�'1VARINACOLLECTioNSyr W 707a3360000022143501 UV•00r2 :01/11/2a24 / AKE il��lli�11f11 ��lll! lIIII 111��}Ill III 1�11� I11 9590 9402 6851 1060 2644 52 2- A.ti Nu nbere (Fa nr from servi bell A. Signat re X Y © Agent 8. Received by (Printed !Name T 1. dale of Deliv D. Is deliveryeddress different from -,I;, t —C�i Ys�-5 If YES, enter delivery address belo',Y: 0 No 3. Service Type ❑ Adult Slgnatum 0 Priority t t0fi Expres%u dult 51gamuro Restricted DiaWe YIirK7d Mail® FY C&WiOd Blau Rostrloted Deliv _ Lt Collect on Delivery 0 Regzlered Bait,. '-1 Fturod tAa i R031rlcted 'Ivery 1 nature ConrtrmattcnlM L7 Collect on Deltvc R Zi S gnaturo Conlirmatr 7020 3160 0000 2219 3501 ry esHICted Detive ROSt ieted Delivery on PISr o rri Istrlcted Dolivery Ij Y 2t}2U RSN 7530-02.000-$053 IIII� anm.,cr , n— ..-. DWR Dlvislon of Water Resources PART I State of North Carolina Department of Environment and Natural Resources Division of Water Resources Collection System Sanitary Sewer Overflow Reporting Form Form CS-SSO 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: WQCS00193 (WQCS# if active, otherwise use WQCSD#) Facility: Fuquay-Varina Collection System Incident #: 202301717 Owner: Town of Fuquay-Varina City: Fuquay-Varina Source of SSO (check applicable): County: Wake Region: Raleigh 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): 10016 FAYETTEVILLE ROAD, Fuquay Varina, , 27526 Manhole #: Latitude (Decimal Degrees): Incident Started Dt: 12/20/2023 Time: (mm-dd-yyyy) Estimated Volume of the SSO: 2,050 Longitude (Decimal Degrees): 11:15 am (hh:mm AM/PM) Incident End Dt: 12/20/2023 Time: 12:37 pm (mm-dd-yyyy) (hh:mm AM/PM) gallons Estimated Duration (Round to nearest hour): 1:22 hours Describe how the volume was determined: Called in as a odor complaint and water leak Weather conditions during the SSO event: Sunny/Cool Did SSO reach surface waters? Surface water name: Middle Creek 2 Yes ❑ No ❑ Unknown Volume reaching surface waters (gals): 2050 Did the SSO result in a fish kill? ❑ Yes Q No ❑ Unknown If Yes, what is the estimated number of fish killed? SPECIFIC cause(s) of the SSO: M Pipe Failure (Break) 24 hour verbal notification (name of person contacted ): Zachary Thomas 0 DWR ❑ Emergency Mgmt Date (mm-dd-yyy): 12/21/2023 Time (hh:mm AM/PM): 08:25:00 am 141 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 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 I (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 Pipe Failure (Break) Pipe size (inches) 10 inch What is the pipe material? PVC C-900 What is the approximate age of line/pipe? (years old) 27 years old Is this a gravity line? Yes W No ❑ NA ❑ NE Is this a force main line? Is the line a "High Priority" line? Last inspection date and findings Due to being a force -main no inspection has been done since installation. If a force main then, Was the break on the force main veritical? Was the break on the force main horizantal? Was the leak at the joint due to gasket failure? Was the leak at the joint due to split bell? When was the last inspection or test of the nearest air -release valve to determine of operable? No ARV due to short distance When was the last maintenace of the air release performed? No ARV due to short distance If gravity sewer then, [0Yes []No [DNA []NE Yes FJ No ❑ NA ❑ NE Yes RJ No NA D NE RJ Yes D No D NA NE Yes 2 No NA NE Yes [0 No NA NE Does the line receive flow from a force main immediately upstream of the failed secti Yes R] No [] NA NE of pipe? CS-SSO Form Page: 2 If yes, what measures are taken to control the hydrogen sulfide production? Chemical treatment is being added at the sewer lift station that is connected to the force -main When was the line last inspected or videoed? NA If line collapsed, what is the condition of the line up and down stream of the failure? NA What type of repair was made? Hy_max.Versa 10" repair band was installed on the fracture Is the repair temporary or permanent? permanent If temporary, when is the permanent repair planned? Have there been other failures of this line in the past five years? ❑ Yes 2 No ❑ NA ❑ NE If so, then describe System Visitation ORC Yes Backup ❑ Yes Name: Jonathan Joyner Cert# 1005846 Date visited: 12/20/2023 Time visited: 11:30 AM How was the SSO remediated (i.e. Stopped and cleaned up)? Vac truck was set up to stop sewer from reaching the creek. Pump and haul was contracted and set up and the lift station was shutdown. The pipe was exposed by excavation and repaired with the repair band. The area was washed down and cleaned and straw was applied to the affected area. The lift station was put back in service with no issues with the repair. CS-SSO Form Page: 3 �s a representative for the responsible party, I certify that the information contained in this report is true and accurate to the )est of my knowledge. 3erson submitting claim: Jonathan Lynn Joyner signature: Felephone Number: Date: 12/21/23 10:30 am Title: Nny addition information desired to be submitted should be sent to the appropriate Division Regional Office within five days of t cnowledge of the SSO with reference to the incident number (the incident number is only generated when electronic entry of th orm is completed, if used). CS-SSO Form Page: 4 \ , 2 � « § z z z z z)) § § $ $ © 2 2 Q 2 k - § m2 $ 0 R f E 2 j k - Q ' A q co § f o ® — N w a \ \ F \ 2 J a K to Q _ 2 k 0o000 a < A E k dat� cn / 2 k2k k § 4ft . 2 2 , a.mow\ / c �'m 2 \ wz= § § Lu q 7 22 � ■ wu2 to k / 5 .2 § 9�\ ® 0�� k � i LU k E E E o � £ E f 2 2 r- @ co $ o .• 2 0 k Q / k k u w & § »t © E ° 2 0 0 0 ) 2 R g R J co § 8 E § p £ & & & 2 [ k ) Ba o ± 1- a a. > ■ \ \ k a & § Go IL«« _ LL f 2 \$« ■ � \ _§$ ■ aƒ# J k k k E c o 0 0 .. g a w & § 2 ° % k m ■ E \ § § § 0 LL a u z 0 o a c e STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DEPARTMENT OF ENVIRONMENTAL QUALITY SYSTEMWIDE COLLECTION SYSTEM PERMIT In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other applicable taws, Rules, and Regulations, permission is hereby granted to the Town of Fuquay-Varina WQCS00193 FOR THE operation and maintenance of a wastewater collection system consisting of, at the time of permit issuance, approximately 138 miles of gravity sewer, approximately 20 miles of force main, 25 duplex pump stations, and all associated piping, valves, and appurtenances required to snake a complete and operational wastewater collection system to serve the Town of Fuquay-Varina and any deemed permitted satellite communities pursuant to the application received April 25, 2016, 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 November 1, 2016 until October 31, 2024, and shall be subject to the following specified conditions and limitations: S. Each pump station shall be cle,l ind conspicuously posted with a pump l on identifier and an emergency contact telephone number at which an individual who can initiate or perform emergency 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. 115A 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 rotations 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. notifitation of an alarm condition initiated by the pump station control feature) is installed. 115A NCAC 02T .0305 (h) (1)] 11. 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 I. 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 (013C) and one or more certified operators) 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. [15A 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)] '2. The Permittee shall maintain a ite records pertaining to SSOs, and SSO rastewater collection system complaints for a minimum of three years. These records shall include, but are not limited to, the following information: a. Date of SSO or complaint,- b. Volume of wastewater released as a result of the SSO and/or nature of complaint; C. Loz.ation of the SSO and/or complaint; d. Estimated duration of the SSO; e. individual from the Division who was informed about the SSO and/or complaint, when applicable; f. Final destination of the SSO; g. Corrective actions; h. Known environmental/human health impacts resulting from the SSO; and i. How the 550 was discovered. [15A NCAC 02T .0108 (b)I 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 SSO 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. [15A NCAC 02T .0108 (c)] 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 collection system which is underthe Permittee`s ownership or maintained and operated by the Permittee through a perpetual legal agreement: a. Any SSO and/or spillover 1,000 gallons to the ground; or b. Any 550 and/or spill, regardless of volume, that reaches surface water. Voice mail messages orfaxed information shall not be considered as the initial verbal report, SSOs (and other types of spills) occurring outside normal business hours may also be reported to the Division of Emergency Management at telephone number (800) 858-0368 or (919) 733-3300. 5. The Permittee shall pay the annr !e within thirty (30) days after being bille- 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 feast 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. 115A NCAC 02T .0104] Vll. Special Condition 1. This permit shall become voidable unless the agreement between the Town of Fuquay-Varina and the North Harnett Regional WWTP (NC0021636) for the collection and final treatment of wastewater is in full force and effect. [15A NCAC 02T .0108 (b); 15A NCAC 02T .0304 (h)] Permit issued this the 9'6 of May, 2016 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION L a"I) 4" for S. Jay Zimmerman, P.G. — Director, Division of Water Resources By Authority of the Environmental Management Commission by Deborah Core, Pretreatment, Emergency Response, Collection System Unit Supervisor Division of Water Resources, NCDEQ