HomeMy WebLinkAboutWQCS00193_CPA FOLDER_DV-2024-0075_20240731Docusign Envelope ID: 941B3224-BAOC-432E-93E3-FD7BOBCD DAFB
DIVISION OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT
Violator: Town of Fuquav-Varina (Incident #202400589)
Facility Name: Fuquav-Varina Collection System
Permit Number: WQCS00193
County: Wake
Case Number: DV-2024-0075
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 240,315 gallons of wastewater overflowed from the Fuquay-Varina Collection System due to a plug not being
removed from the line during construction. 240,315 gallons of wastewater flowed to Basal Creek, a class B;NSW in the
Neuse River Basin. Nutrients and pathogens to surface waters.
2) The duration and gravity of the violation;
The SSO started on March 6, 2024, at 04:24 pm and ended the same day at 06:00 pm.
3) The effect on ground or surface water quantity or quality or on air quality;
The effect on surface water quality includes nutrients and pathogens to surface waters.
4) The cost of rectifying the damage;
The cost of rectifying the damage was not provided.
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 has been one (1) penalty assessment issued within the past 12 months to the permittee for violations of the Fuquay-
Varina collection system permit.
8) The cost to the State of the enforcement procedures.
$95.36
7/31/2024
Date
EDoc""'7_QuSigned by:
�D-0�49...
John Hennessy, Section Chief
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ
Docusign Envelope ID: 941 B3224-BAOC-432E-93E3-FD7BOBCD DAFB
DIVISION OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT
Violator: Town of Fuquav-Varina (Incident #202400658)
Facility Name: Fuquav-Varina Collection System
Permit Number: WQCS00193
County: Wake
Case Number: DV-2024-0075
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 2,500 gallons of wastewater overflowed from the Fuquay-Varina Collection System due to grease and roots.
2,500 gallons of wastewater flowed to Kenneth Cree, a class C in the Neuse River Basin. Nutrients and pathogens to
surface waters.
2) The duration and gravity of the violation;
The SSO started on March 16, 2024, at 07:03 pm and ended the same day at 10:27 pm.
3) The effect on ground or surface water quantity or quality or on air quality;
The effect on surface water quality includes nutrients and pathogens to surface waters.
4) The cost of rectifying the damage;
The cost of rectifying the damage was not provided.
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 has been one (1) penalty assessment issued withing the past 12 months to the permittee for violations of the Fuquay-
Varina collection system permit.
8) The cost to the State of the enforcement procedures.
$95.36
7/31/2024
Date
DocupSigned by:
F
R77RRddr.FQFRdC'I
John Hennessy, Section Chief
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ
Docusign Envelope ID: 94lB3224-BAOC-432E-93E3-FD7BOBCDDAFB
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS,IR.
Director
NORTH CAROLINA
Environmental Quality
Certified Mail # 7017 0190 0000 2485 8893
Return Receipt Requested
7/31/2024
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-2024-0075
Wake County
Dear Mr. Mitchell:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $2,345.36 ($2,250.00 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.l(a).
North CarolineDepartmentofEnvtronmentalQoality I Division of Water Re—rces
Raleigh Regional Office 1 3800 Barrett bri- I Raleigh. North Carolina 2704
919,791.4Z00
Docusign Envelope ID: 941 B3224-BAOC-432E-93E3-FD7BOBCD DAFB
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, John
Hennessy, Section Chief, Water Quality Regional Operations hereby make the following civil penalty assessment against
Town of Fuquay-Varina:
$2,250.00 For 2 of the 2 violations of Collection System Permit No. WQCS00193 and G.S. 143-215.l (a)(1) for
Sanitary Sewer Overflow(s) resulting in a discharge without a valid permit.
$2,250.00 TOTAL CIVIL PENALTY
95.36 Enforcement Costs
2 345.36 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-282.1(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
Docusign Envelope ID: 941 B3224-BAOC-432E-93E3-FD7BOBCD DAFB
Option 2: Submit a written request for remission or mitigation including a detailed justification for such
request:
Please be aware that a request for remission is limited to consideration of the five factors listed below as they may
relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper
procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in
the civil penalty assessment document. Because a remission request forecloses the option of an administrative hearing,
such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation and
agreement that no factual or legal issues are in dispute. Please prepare a detailed statement that establishes why you
believe the civil penalty should be remitted, and submit it to the Division of Water Resources at the address listed below.
In determining whether a remission request will be approved, the following factors shall be considered:
(1) whether one or more of the civil penalty assessment factors in NCGS 143B-282.1(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 (30) dys 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
U124 ;
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
Docusign Envelope ID: 941B3224-BAOC-432E-93E3-FD7BOBCDDAFB
Option 3: File a petition for an administrative hearine 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 8:00 a.m. and 5:00 p.m., except for official state
holidays. The petition may be filed by facsimile (fax) or electronic mail by an attached file (with restrictions) - provided
the signed original, one (1) copy and a filing fee (if a filing fee is required by NCGS §15013-23.2) is received in the
Office of Administrative Hearings within seven (7) business days following the faxed or electronic transmission. You
should contact the Office of Administrative Hearings with all questions regarding the filing fee and/or the details of the
filing process.
The mailing address and telephone and fax numbers for the Office of Administrative Hearings are as follows:
6714 Mail Service Center
Raleigh, NC 27699 6714
Tel: (919) 431-3000
Fax: (919) 431-3100
One (1) copy of the petition must also be served on DEQ as follows:
Mr. William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, North Carolina 27699-1601
Please indicate the case number (as found on page one of this letter) on the petition.
Failure to exercise one of the options above within thirty (30) days of receipt of this letter, as evidenced by an internal
date/time received stamp (not a postmark), will result in this matter being referred to the Attorney General's Office for
collection of the penalty through a civil action. Please be advised that additional penalties may be assessed for violations
that occur after the review period of this assessment.
If you have any questions, please contact Kevin Fowler with the Division of Water Resources staff of the Raleigh Regional
Office at (919) 791-4200 or via email at kevin.fowler@deq.nc.gov.
Sincerely,
DocuSigned by:
8328B44CE9EB4A1...
John Hennessy, Section Chief
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ
ATTACHMENTS
Cc: Laserfiche
Docusign Envelope ID: 941B3224-BAOC-432E-93E3-FD7BOBCDDAFB
JUSTIFICATION FOR REMISSION REQUEST
Case Number: DV-2024-0075
Assessed Party: Town of Fuquay-Varina
County: Wake
Permit No.: WQCS00193 Amount Assessed: $2,345.36
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. 143B-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 future 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
how payment of the civil penalty will prevent you from performing the activities necessary to achieve
compliance).
EXPLANATION:
Docusign Envelope ID: 941B3224-BAOC-432E-93E3-FD7BOBCDDAFB
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-2024-0075
Having been assessed civil penalties totaling $2,345.36 for violation(s) as set forth in the assessment document of the
Division of Water Resources dated 7/31/2024 , 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 , 20
SIGNATURE
ADDRESS
TELEPHONE
Docusign Envelope ID: 941 B3224-BAOC-432E-93E3-FD7BOBCDDAFB
ATTACHMENT A
Town of Fuquay-Varina
CASE NUMBER: DV-2024-0075
PERMIT NO:
FACILITY:
WQCS00193
Fuquay-Varina Collection System
REGION: Raleigh
COUNTY: Wake
Other Violations
INCIDENT
NUMBER
VIOLATION
DATE VIOLATION TYPE
TOTAL VOLUME
VIOLATION DESCRIPTION (GALLONS)
PENALTY
AMOUNT
202400589
3/6/2024 CSO/SSO(Sewer Overflow)
Discharge without valid permit 240,315
$2,000.00
202400658
3/16/2024 CSO/SSO(Sewer Overflow)
Discharge without valid permit 2,500
$250.00
DocuSign Envelope ID: B8009176-1855-495C-A422-3369AC51 CB40
ROY COOPER
Gut-eemor-
ELIZABETH S. B15ER
Sri retart
RICHARD E. ROGERS. JR.
Uirrdrn
Certified Mail # 7017 0190 0000 2486 OS7S
Return Receipt Requested
Adam Mitchell, Town Manager
Town of Fuquay-Varina
134 N Main St
Fuquay Varina, NC 27526-6267
NORTH CAROLINA
Environmental Quality
April 11, 2024
SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY
Tracking No.: NOV-2024-DV-0185
Sanitary Sewer Overflows - March 2024
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 Reports 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
(Mina)
Location Cause
(Gals)
(Gals)
DWR Action
202400589
3/6/2024
96
1020 Quindell Drive, Other
240,315
240,315
Notice of Violation -
Holly Springs, NC,
Notice of Intent
27540
202400658
3/16/2024
204
413 South Main Street, Grease, Roots
2,500
2,500
Notice of Violation -
Fuquay Varina, NC,
Notice of Intent
27526
N�ht:.rii��[Mp�rimen er!Lr..runrni..l:;Yu� n. nNn.•I tSwrr Frw�rc<•.
D_EQW p.aNah krne^rul s7rtx� 7rHsn wrrn: n..e k..4 iyh. tinrrh {, r,�;na 2:nO•.
\-e vl �.: ni a2W
DocuSign Envelope ID: B8009176-1855-495C-A422-3369AC51CB40
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: Laserfiche
Sincerely,
�Da Uftned by:
i/AU.lrSSGL f. ikAAA�
B2978EBAB32144F
Vanessa Manuel, Assistant Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ
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Raleigh Regional Office
Division of' Water Resources. NC'DFO
1028 iMail Service Center. ftalelFTll, NC 27699-1 C29
RF: INOTI(,1' OF VIOLATION NOV-2024-113V-0185
Sanitary. Sc«Cl. Ovullow,
Incident R202400589 and 20240O658
Collection Syatem Pemilt No. WQC S00193
Town of I'ucluay-Farina
Wake County
I)CM- MS. MMILICl,
Michael Wagner
Public Utilities Director
mwagner@fuquay-varina.org
'HIC TOW11 elf I uquaSr-Vilrtn l a1111rcciaEcs the opportunity to respond to the Notice of'
Violation (fated April 11, 2024, Cor Sanitaty Sewer Overflow (SSO) lllCOCnl 1111111he1x
202400,W) mid 20240065S.
It is our intent that this rc;lumsC %VilI IVOVidC SLICIiciCnt add itionaI iiffornlation regarding the
il1Li(ICIt1 and juslifiCcttioll that the `IOwil Should 1101 he assessed a Civil penalty.
• Incident # 202400589
Cause of Non -Compliance:
On March C, 2024, t(1wn stalTwere notil'ied ol' a potentialspill and odor c(ln pkilm hchind
1020 { luindell Dr I lolly Springs which the Town sc-%'Cs. TII(: TO\vIl nl'
Fucltllly-Val'in"1 serer C0llection stall responded inulledimely to find a rrlanlrole sllillilt behind
silid addres". 11 Wits (Ietct-milled 111,11 Ilse Cause ot'the shill was clue to a 11111" le in (lie Illanholc
(luring COn;trnCtiun by [Ile Co]ltraC01- thal the town was not a1\'al'C (if wall [he incident.
[remedial Action Tal(cn:
Scwcr Collections still*(' responded within 20 nlintltcs ol' the 1101il'ica1ion. SlillT wm;
dil•ected to set all the Colllho VdCjet truck in the downsircam manhole io try and rcmove thr
hlocka!,c In t11C manhole Illat %vas spilling. 0111CrStalTwere to build all earthCll (lill toColltain the
shilling SClvcr In the nlealltlllle- I t was determined after Imt hCin- clhlC In remove (he hlocicai-C
PLlblic Utilities
Town of ri](JLOY-VEIOMI 134 N. itsain Street. FUquay-Varina, NC 27526 (919) 753-1028 fuquay-varirlrl.ol•y
that there was it possible plug ill the manhole. Sewer Collections still I lilliliped the niatihole down
and set till confined space EgUipillent to aCCCSI, the nial hoic to Illanually reilloVC the nleChatliCal
pllrig, The sewer NVaS E•CUMIC(I into t1C mallh(lle and Watt VaC(IUMCd out (lI a d(lH n.Wcarn nianhole
with the coniho truck. The area around the spilling inanhole and downstream where the earthen
dani was created mras clotted thoroughly, raked, and limed per mate standard,,.
.Fhe tctiw has discussed witi Crlgineer'ing i ispectors as well as all staff that are inchided
oil inspections to notatc the io atw or phtgy during Construction and IT has added a layer on
the loon GIS to notate. plug IocationS for future rcfcrellcc to aVOid issues in the future.
e Incident 4 202400658
Cause of Von -Compliance:
On March 16. 2024, (own ;tall• responded to a sewer backup call at 413 S Main St. Upon
arrival, all invcstigatioll ensued and build Ow sewer services at 41.E and 409 S Main St. hacked
up and overflowing due to .1,1r•eil;e and roots in the Enaiu (IoNvilstreall) of their tic -ill to the Main.
Remedial :fiction Men:
Me Own (if Fu(luay-\'arena saver collecticln staff r Mwnded io the backup call at 413 S
ME A and to "ut the sewer sem ices at 413 and 40Y Over11owill"! an(1 discharging into it
tributary to Kenneth Creek.
Staff`startc(l investiz atin,0 the SCWCr main that IhCSC sclA-iecs tied into and [olind tI1C
upall•ealli NI I full of saver and al•(:aSC. Staff then brDlIght the.jCI *C truck out w %sc out Me
POI I an(I j(:tted the main nlultiplc times to clear the blochTe and Wy that the pipe was clean.
-File illipact area of the spill was raked, and all debris was renlnved. Staffalso lintel the area and
i1ushCd the creek with it hydrant for 1.5 hours.
IlooIX wasapplied to Ilic sewer lines in this area as it temporary measure. At the end of'
April 2024, this area "IN be added to file list Ibir Duke! Root Control Icy treat. These areas will
See attcrliiou s(}oil rormarr to jecvac to Cllllltllilte Ili(lblel]i5 111 t1C' I niLlCe.
rJ0UA- °r-\'Ap; Nn
Michael Wagner
Public Utilities Director
inwagner@fuquay-varina.org
We hclic\.c That this letter dclilo ."trates the investment and commliment the Town is
making tO resOIVe `Cwcr ISSUCS. alyd We 11c11)e the i)k isiou 1-cc0_111ics these cITnrts. TI)CrcCOW. We
reshcctI'll lly rcyucSl that 111e I)iviti1011 �0,1,dult remission ba..sed oil the OTOrts in this letter.
Sincerely,
Michael wlla -ner
Public UIilitie", I)irVCor
CC: rile
Jollathall Joyner, ORC:
Pt. bhp - LAi ities
-down of FLI(I y-Varino 1314 N. Main Street, Fclgljay-Vadna, NC 21b26 (913) %53-1028 fuclu;�ly-vadna.orc)
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State of North Carolina
Department of Environment and Natural Resources
DWR Division of Water Resources
Collection System Sanitary Sewer Overflow Reporting Form
Divlslon 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: WQCS00193 (WQCS# if active, otherwise use WQCSD#)
Facility: Fuquay-Varina Collection System Incident #: 202400658
Owner: Town of Fu ua -Varina
City: Fuquay-Varina County: Wake 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): 413 South Main Street, Fuquay Varina, NC, 27526
Manhole #: SSMH-152253
Latitude (Decimal Degrees): Longitude (Decimal Degrees):
Incident Started Dt: 03/16/2024 Time: 7:03 pm Incident End Dt: 03/16/2024 Time: 10:27 pm
(mm-dd-yyyy) (hh:mm AM/PM) (mm-dd-yyyy) (hh:mm AM/PM)
Estimated Volume of the SSO: 2,500 gallons Estimated Duration (Round to nearest hour): 3:24 hours
Describe how the volume was determined: Appendix C in the Spill Response Plan
Weather conditions during the SSO event: Clear
Did SSO reach surface waters? 0 Yes ❑ No ❑ Unknown Volume reaching surface waters (gals): 2500
Surface water name: Kenneth Creek
Did the SSO result in a fish kill? ❑ Yes 0 No ❑ Unknown If Yes, what is the estimated number of fish killed? 0
SPECIFIC cause(s) of the SSO:
21 Grease W1 Roots
24 hour verbal notification (name of person contacted ): Mike Bennett
❑ DWR 0 Emergency Mgmt Date (mm-dd-yyy): 03/17/2024 Time (hh:mm AM/PM): 12:09:00 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 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?
unknown
Do you have an enforceable grease ordinance that requires new or retrofit of grease [Z Yes ❑ No ❑ NA ❑ NE
traps/interceptors?
Have there been recent inspections and/or enforcement actions taken on nearby [] Yes [Z No ❑ NA ❑ NE
restaurants or other nonresidential grease contributors?
Explain.
There are no restaurants on this line. The blockage was caused by residential grease and roots.
Have there been other SSOs or blockages in this area that were also caused by
grease?
When?
If yes, describe them:
Have cleaning and inspections ever been increased at this location?
Explain.
Have educational materials about grease been distributed in the past?
When?
Annually
and to whom?
The community
Explain?
We send out a PSA through the Town's website about our FOG program annually..
If the SSO occurred at a pump station, when was the wet well and pumps last
checked for grease accumulation?
Were the floats clean?
CS-SSO Form
Yes RNo 0NA [:]NE
[] Yes [0 No ❑ NA ❑ NE
2 Yes ❑ No ❑ NA ❑ NE
Yes ❑ No 2 NA NE
Page: 2
Comments:
Roots
Do you have an active root control program on the line 1 area in question? Yes (0 No ❑ NA NE
Describe
This area will be added to the list to be completed by Duke's Root Control in the month of May 2024.
Have cleaning and inspections ever been increased at this location because of roots' [) Yes [Z No NA D NE
Explain:
There have not been indications that there was root issues in this area. Moving forward we will give this area attention.
What corrective actions have been accomplished at the SSO location (and
surrounding system if associated with the SSO)?
After the blockage was cleared and ietted multi le times RootX was put in the line in attem t to treat the area until Duke':
Root Control comes in May 2024.
What corrective actions are planned at the SSO location to reduce root intrusion?
This area will be added to the list for our annual root treatment performed by Duke's Root Control.
Has the line been smoke tested or videoed within the past year?
If Yes, when?
Comments:
System Visitation
ORC
Backup
Name:
Jason Newman
Cert#
1004562
Date visited:
03/16/2024
Time visited:
08:00 PM
How was the SSO remediated (i.e. Stopped and cleaned up)?
Yes W No ❑ NA ❑ NE
Yes
W Yes
SSMH-152253 was vacuumed out and then jetted multiple times. RootX was applied to the line in attempt to treat the arE
until Duke's Root Control arrives in May. The areas of impact were raked clean and removed from the site. Lime was
sl2read over the area. The tributary to Kenneth Creek was flushed with a hydrant upstream for approx. 1.5hrs.
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: Jason Michael Newman
Date: 03/20/24 09:59 am
Signature: Title:
Telephone Number:
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
State of North Carolina
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: WOCS00193
(WQCS# if active, otherwise use WQCSD#)
Facility: Fu ua -Varina Collection System Incident #: 202400589
Owner: Town of Fu uay-Varina
City: Fuquay-Vanna County: Wake
Region: Raleigh
Source of SSO (check applicable): Z Sanitary Sewer ❑ Pump Station 1 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): 1020 Quindell Drive, Holly Springs, NC, 27540
Manhole #: 225538
Latitude (Decimal Degrees):
Longitude (Decimal Degrees):
Incident Started Dt: 03/06/2024 Time: 4:24 pm
(mm-dd-yyyy) (hh:mm AM/PM)
Estimated Volume of the SSO: 240,315
Incident End Dt: 03/06/2024 Time: 06:00 pm
(mm-dd-yyyy) (hh:mm AM/PM)
gallons Estimated Duration (Round to nearest hour): 1:36 hours
Describe how the volume was determined: Water usage from upstream houses
Weather conditions during the SSO event: cloudy and warm
Did SSO reach surface waters? [0 Yes ❑ No ❑ Unknown Volume reaching surface waters (gals): 240315
Surface water name: Basal Creek [(Bass Lake, (Mills Pond))
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 Other (Please explai
24 hour verbal notification (name of person contacted ): Kevin Fowler
[Z DWR ❑ Emergency Mgmt Date (mm-dd-yyy): 03/07/2024 Time (hh:mm AMIPM): 01:47:00 pm
If an SSO is ongoing, please notify the appropriate Regional Office on a daily basis until SSO can be stopped.
Per G.S. 143-215.1C(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 11:
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
Other (Please explain in Part Iq
Describe:
Were adequate equipment and resources available to fix the problem? Yes No NA F1 NE
If Yes, explain:
Staff utilized our combo truck, gas powered Pump and hoses, excavator, and confined space equipment.
If the problem could not be immediately repaired, what actions were taken to lessen
the impact of the SSO?
Comments
System Visitation
ORC W Yes
Backup M Yes
Name:
Jonathan Joyner
Cert#
1005846
Date visited:
316I2024
Time visited:
4.24 PM
How was the SSO remediated (i.e. Stopped and cleaned up)?
Staff used our combo truck to try and remove the Dlua by accessina the downstream manhole. With no success we used
our pas powered Dump to remove the sewer from the spilling manhole and set up confined space equipment. Staff entere
the manhole and manually removed the wind nut test plug and flow resumed. We used our excavator to dig containment
holes for the sewer and used the gas powered pump to return the sewer back to the collections system. Our combo truck
was used to vacuum the sewer and debris returned to the collections system at the downstream manhole. The area was
washed down thoroughly and lime and straw was applied.
CS-SSO Form Page: 2
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: Jonathan Lynn Joyner
Signature:
Telephone Number:
Date: 03/08/24 09:30 am
Title:
Any addition information desired to be submitted should be sent to the appropriate Division Regional Office within five days of I
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
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
Town of Fuquay-Varina
WQCS001.93
FUR 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 make 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:
1. Each pump station shall be cled ind conspicuously posted with a pump 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 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.
[15A NCAC 02T .0305 (h) (1)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. 115A NCAC 02T .0108 (b)]
H. 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 (011C) 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.
[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). 115A NCAC 02T .0108 (b)]
3. The Permittee shall develop and adhere to a schedule for testing emergency and standby equipment.
115A 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 adate records pertaining to SSOs, and SSO lastewater 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. Location of the 550 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 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 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)]
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 collection
system which is under the Permittee's ownership or maintained and operated bythe 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 or faxed 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 anntr -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 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.
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"' of May, 2016
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
for S. Jay Zimmerman, P.G.
Director, Division of Water Resources
By Authority of the Environmental Management Commission
by Deborah Gore, Pretreatment, Emergency Response, Collection System Unit Supervisor
Division of Water Resources, NCDEQ