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HomeMy WebLinkAboutWQCS00013_NOV-2024-DV-0285 Response to Notice_20240723starni�s endic'ia V Q F cg O In a Na aU = N N E U N r OOyNNLLW N 403 LL -5 J_ Q G W W 0 N IL N D N N �0 ILO W a0 } uioQti U CN N 00 LLo V �OZ� � aPU co co (o LO co C, O O U) N co O L i� .CY) — O O CO ��Of0 N N �QU(0 co — co Uof rn -_ � ��>� - cu ono w �2V _ �c� _ N J Z d co�� 0>OpJ Z M CARY -LIVE INSPIRED'" - July 23, 2024 Ms. Vanessa Manuel, Assistant Regional Supervisor Water Quality Regional Operations Section Raleigh Regional Office Division of Water Resources, NCDEQ 1628 Mail Service Center Raleigh, NC 27699-1628 CERTIFIED MAIL Subject: Notice of Violation & Intent to Issue Civil Penalty: NOV-2024-DV-0285) Dear Ms. Manuel: On July 17, 2024, Cary received a Notice of Violation & Intent to Issue Civil Penalty letter dated July 2, 2024, from the North Carolina Department of Environmental Quality, Division of Water Resources — Raleigh Regional Office for a sanitary sewer overflow (SSO) that occurred on June 1, 2024. The letter identifies the June 1 SSO as an NOV and requests written response from Cary to provide additional information within 10 business days from receipt of the letter. Incident # Start Date I Duration Location (min) 202401025 6/1/2024 j 193 ' 309 Edgemore Ave, Cary, 27519 Cause � Total I Total Volume Volume j Surface Water Debris in 7,720 7,720 line, Grease DWR Action `Notice of Violation - Intent to Assess Cary takes pride in the operation and management of our 1,000 miles of wastewater collection system. We are an award winning and progressive wastewater utility that has very few reportable or large volume SSO's. We place emphasis on responding quickly to sewer emergencies to prevent and minimize any spills that impact our citizens, community, and environment. We appreciate the opportunity to provide information on the recent sewer overflow, our efforts, and justification for why additional enforcement action and civil penalty should not be assessed to Cary. INCIDENT # 202401025 — 309 Edgemore Ave. Sewer Overflow Cause — On June 1, 2024, at 10:49AM, Cary staff received a call stating there was a manhole overflowing along the greenway behind 309 Edgemore Ave. On -call staff were immediately dispatched to investigate. Upon arrival, staff confirmed that manholes SP73415001 and SP73415021 were overflowing. Staff located the downstream manhole and proceeded quickly to clear the blockage that was caused by debris and grease with hydraulic jetting equipment by 2:02PM. 919.469.4000 1 carync.gov PO Box 8005 Cary, NC 27512 Sewer Spill Cleanup — After clearing the blockage and stopping the spill, staff immediately began their sewer spill cleanup operations. Crews constructed a temporary dam, and the creek was flushed using dechlorinated water. The sewer spill and flush water were pumped back into the collection system for treatment and disposal. Sewer Spill Assessment — Cary performed conductivity readings immediately following the overflow to accurately assess the impact of the spill and to ensure we fully mitigated any impacts to the stream. Cary staff also relied upon NCDEQ's sewer spill estimation guide to precisely determine the spill volume. Corrective Actions — After clearing the blockage, sewer lines in the surrounding area were hydraulicly cleaned and video inspected to ensure there were no additional accumulations, pipe defects, or partial sewer line blockages. On June 5, 2024, Cary's pretreatment supervisor contacted nearby apartment communities and distributed our best management practices for fats, oils, and grease, (FOG) minimization. Pretreatment staff performed inspections of the two food service establishments (FSE) locations upstream of this area and noted they were in compliance. Cary's 311 communications teams also sent out FOG best management practices via Nextdoor to the surrounding community. Cary's Wastewater Collection System management staff have added this area to our monthly recurring manhole inspection process. We very much appreciate the opportunity to provide supplemental information on this unfortunate sewer spill. We also appreciate NCDEQ's consideration in evaluating this sewer spill, the cause, and Cary's record and response to immediately remediate and help ensure that a SSO does not reoccur at this location. If we can answer any questions or provide any additional information, please feel free to contact Mr. Chad Lemke, Wastewater Collection System ORC at (919) 469-4571. Sincerely, Ja 'e Revels, P.E. Utilities Director Cc: Chad Lemke, Wastewater Collection System ORC Attachments: NCDEQ Notice of Violation & Intent to Issue Civil Penalty: NOV-2024-DV-0285 • Collection System Sanitary Sewer Overflow 5-Day Report— Incident # 202401025 State of North Carolina DWR Department of Environment and Natural Resources Division of Water Resources Collection System Sanitary Sewer Overflow Reporting Form Division 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: WQCS00013 (WQCS# if active, otherwise use WQCSD#) Facility: Cary Collection System Incident #: 202401025 Owner: Town of Cary City: Cary County: wake Region: Raleigh Source of SSO (check applicable): R1 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): 309 EDGEMORE AVENUE. CARY, , 27519 Manhole #: Latitude (Decimal Degrees) Longitude (Decimal Degrees): Incident Started Dt: 06/01/2024 Time: 10:49 am Incident End Dt: 06/01/2024 Time: 02:02 pm (mm-dd-yyyy) (hh:mm AM/PM) (mm-dd-yyyy) (hh:mm AM/PM) Estimated Volume of the SSO: 7,720 gallons Estimated Duration (Round to nearest hour): 3:13 hours Describe how the volume was determined: NCDEQ provided sewer spill estimation guide. Two manholes spilling with four 1" Weather conditions during the SSO event: Sunny Did SSO reach surface waters? [1 Yes ❑ No ❑ Unknown Volume reaching surface waters (gals): 7720 Surface water name: Bachelor Branch Did the SSO result in a fish kill? ❑ Yes MNo ❑ Unknown If Yes, what is the estimated number of fish killed? 0 SPECIFIC cause(s) of the SSO: [0 Grease 0 Debris in line 24 hour verbal notification (name of person contacted ): Jerry Belcher ❑ DWR 0 Emergency Mgmt Date (mm-dd-yyy): 06/01/2024 Time (hh:mm AM/PM): 07:50:00 pm 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 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 Grease When was the last time this specific line (or wet well) was cleaned? 08/13/2016 Do you have an enforceable grease ordinance that requires new or retrofit of grease 0 Yes ❑ No ❑ NA ❑ NE traps/interceptors? Have there been recent inspections and/or enforcement actions taken on nearby restaurants or other nonresidential grease contributors? Explain. This is a residential area. Have there been other SSOs or blockages in this area that were also caused by grease? When? 08/13/2016- Incident Number 201601396 If yes, describe them: Crews responded to a SSO in this area on 811312016 caused by grease. Have cleaning and inspections ever been increased at this location? Explain. Have educational materials about grease been distributed in the past? When? February 2016 and August 2016 and to whom? Residents in the general area of Hiclhfield Ave and Glenmore Rd Yes ❑ No 0 NA NE 0 Yes ❑ No ❑ NA ❑ NE Yes 0 No ❑ NA ❑ NE 0 Yes ❑ No ❑ NA ❑ NE Explain? Residents received information about the SSO's in the area and literature that states the detrimental effects of dischar inc grease and other unnecessary items into the sanitary sewer system. If the SSO occurred at a pump station, when was the wet well and pumps last checked for grease accumulation? Were the floats clean? ❑ Yes ❑ No 0 NA ❑ NE CS-SSO Form Page: 2 Comments: SSO was not associated with a pump station._ Debris in line What type of debris has been found in the line? Rocks and sediment. Suspected cause or source of debris. Unknown. Crews are inspecting manholes upstream of the SSO location to find potential source. Are manholes in the area secure and intact? 0 Yes No D NA NE When was the area last checked/cleaned? Cleaned 8/13/2016 and_inspected_on 5/21/2024 Have cleaning and inspections ever been increased at this location due to previous Yes 0 No C NA NE problems with debris? Explain - Are appropriate educational materials being developed and distributed to prevent futi C Yes No 0 NA C NE similar occurrences? Comments. System Visitation ORC Yes Backup 0 Yes Name: James Bass Cert# 4 AAAAL A Date visited: 06/01 /2024 Time visited: 11:45 AM How was the SSO remediated (i.e. Stopped and cleaned up)? Hvdraulic iettina eauioment was used to clear the blockage and stop the overflow. Crews constructed a temporary dam 2 the creek was flushed using de -chlorinated water. The sewerspill-and flush water was pumped back into the sewers ste for treatment and disposal. Sewer mains in the area were cleaned and video inspected to ensure no more blockages wes present. CS-SSO Form Page: 3 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: Chad Lemke Signature: Telephone Number: "I) 9 — 311 — —1 �'-7 1 Date: 06/05/24 11:15 am Title: 'W&.$�dWQ+er GlIeJ'a- Ot L 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: 4 DocuSign Envelope ID: 207C9616-6E96-4CFd-8E45-d29DE7360960 ROY COOPER Gvvemor ELIZABETH S. BISER Serrerary RICHARD E. ROGERS, JR. Uiredor Certified Mail # 7017 0190 000 24861046 Return Receipt Requested Jamie Revels, Utilities Director Town of Cary 400 James Jackson Ave Cary, NC 27513 VJ a�o a0 NORTH CAROLINA Environmental Quality July 02, 2024 SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY Tracking No.: NOV-2024-DV-0285 Sanitary Sewer Overflows - June 2024 Collection System Permit No. WQCS00013 Cary Collection System Wake County Dear Permittee: A review has been conducted of the self -reported Sanitary Sewer Overflows (SSO's) 5-Day Report/s submitted by Town of Cary. The Division's Raleigh Regional Office concludes that the Town of Cary violated Permit Condition I (2) of Permit No. WQCS00013 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 Cary an opportunity to provide evidence and justification as to why the Town of Cary 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 202401025 6/1/2024 193 309 EDGEMORE Debris in line, Grease 7,720 7,720 Notice of Violation - AVENUE, CARY, Intent to Assess 27519 �` Voirhf�i:�n:iDr['a�iinem nl Cnuar:ntol'nrdl Qr:;dily: Gl.:.i'nrr water ticluulc.. r.i ReR?yh Re_i—lal!':e 3aU6 War -Direr DocuSign Envelope ID: 207C9616-6E96-4CFB-8E45-B29DE7360980 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 ($25,000.00) may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of any permit issued pursuant to G.S. 143-215.1. This office requests that you respond to this Notice, in writing, within 10 business days of its receipt. In your response, you should address the causes of non-compliance, remedial actions, and all other actions taken to prevent the recurrence of similar situations. The response to this correspondence will be considered in this process. Enforcement decisions will also be based on volume spilled, volume reaching surface waters, duration and gravity, impacts to public health, fish kills or recreational area closures. Other factors considered in determining the amount of the civil penalty are the violator's history of non-compliance, the cost of rectifying the damage, whether the spill was intentional and whether money was saved by non-compliance. If you have any questions, please do not hesitate to contact Kevin Fowler with the Water Quality Section in the Raleigh Regional Office at 919-791-4261 or via email at kevin.fowler@deq.nc.gov. Cc: Laserfiche Sincerely, EUoal.siorua aye A USSI, f. kdaa.VA MI GESAM144;: Vanessa Manuel, Assistant Regional Supervisor Water Quality Regional Operations Section Raleigh Regional Office Division of Water Resources, NCDEQ DEl vo hu• ,:rya Dr��rirrm n!Cnvaoumrnrn�Q,:alay . D:vo6-4 K.0r. Vr.uort.; �$' Ralr!glr k, pcnal prlirr 3hilQ B;r;.•u OtivP k.dt,yh ":!rrn::rn4na 2:n0o