WQCS00005_NOV-2024-DV-0321 Response to Notice_20240905

I M WATER MANAGEMENT
CITY OF DURHAM
City of Durham
Department of Water Management
1600 Mist Lake Drive
Durham, NC 27704
919-560-4344
September 5, 2024
Ms. Vanessa Manuel, Assistant Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
NCDEQ, Division of Water Resources
3800 Barrett Drive
Raleigh, NC 27609
Subject: Response to NOV-2024-DV-0321
Dated: August 1, 2024; Received: August 19, 2024
Permit No. WQCS00005
Dear Ms. Manuel,
SEv - 6 1':!-'
Please permit this letter to respond to the above referenced Notice of Violation & Intent to
Issue Civil Penalty received on August 19, 2024. As graciously requested in the letter, the
following evidence and justification demonstrates that this event was exceptional,
unintentional, temporary, and beyond reasonable control of the utility. This evidence will also
establish the significant costs and actions taken to stop the discharge; contain the release of
untreated wastewater; collect the wastewater, and restore any possible environmental
impacts. Further, it demonstrates the City of Durham Department of Water Management's
- (DWMrstrong comiyitment to and investment in preventing and mitigating sanitary sewer
overflows (SSO). All conditions of the City's Collection System permit are met by the
Department, including system cleaning, site visits, inspections, and easement maintenance.
As such, we respectfully request that no civil penalties be assessed for the SSO that occurred in
the City's wastewater collection system between July 1, 2024 and July 31, 2024.
Incident#202401221- 912 Anderson Street - July 24, 202411:06 AM
On July 24, 2024 at approximately 11:06 AM, an overflow was identified near 912 Anderson
Street and an estimated 670 gallons of wastewater entered into Sandy Creek. Upon arrival,
crews discovered that a large tree had fallen on the aerial gravity main. Crews immediately
deployed a 4-inch pump to bypass the damaged section of the pipe and stopped the spill by
1:20 pm.

Image 3. Section of pipe pushed off I-beam on lncident#201401221.
Crews dammed the downstream creek with sandbags, set up a 4-inch pump to move the
untreated wastewater back into the collection system, and flushed the area using a nearby
hydrant (dechlorinated water). The City deployed a team of contractors to relay the aerial
gravity main on the i-beam and make the repair to the length damaged by the fallen tree within
the same business day.
The City's Stormwater Services Division responded and conducted ammonia testing to
determine the spill's extent and advise the Department when the site returned to normal
conditions. Visual inspection of the affected area and downstream waters confirmed there
were no immediately visible hazards to persons or property, including no fish kill or
unnecessary vegetative damage. Staff seeded and laid down straw in all areas disturbed by the
remediation efforts to restore any unavoidable vegetative damage. Crews inspected the aerials
in the area to ensure no additional damage or disturbance existed in the area.
DWM takes substantial and consistent actions to protect and monitor high priority lines (HPLs),
such as this aerial line (13720). Staff perform comprehensive bi-annual inspections of all sewer
lines categorized as an HPL, including looking for obstructions, changes in creek banks and beds,
and trees in proximity to the easement. Whenever possible, City staff will remove trees or
shrubs that cause an immediate threat to infrastructure. DWM has spent $1,335,542.43 on a
tree removal contract for easements that was started in February 2023.

%It
Y Gravity Mains and Aer al Lines Near Anderson SSO ,�
J "
A
r
' to
137A 1344T 1 - �nd
' GPN�fOro ® � .,� , RFurx.: � � xn.. 13148
a...
0 100 200 300 400 SW NO NO B00 900 1.000 �
I FOl1 � gcrww
Image 4. Map of aerials high priority gravity mains near the Incident#1202401221 that are inspected bi-annually for
risk.
The Department's internal cost to remediate this spill was $9,763.57 with an additional
$14,333.41 for contractor -related costs. Together, the Department's cost was $24,096.98 to
remediate this incident.
The incident leading to this spill is exceptional, unintentional, temporary, and caused by factors
beyond reasonable control. The staff immediately responded to the incident to mitigate the
impact of the spill and used every effort to ensure the infrastructure and environment was
restored. The spill was expeditiously bypassed and the infrastructure repairs were complete
before the end of the same business day.
Ongoing City -Wide Measures to Reduce the Occurrence of SSO Incidents
DWM has several programs in place to prevent and reduce the occurrence of SSO incidents.
DWM has implemented a Collection System Management, Operations & Maintenance (CMOM)
plan that expands and enhances its existing programs.
System Flushing and Inspection:
DWM routinely contracts cleaning, CCTV inspection, smoke testing, and manhole inspections of
portions of the sewer collection system. DWM completes the inspection of the collection
system systematically based on City defined geographical basins.

In FY24, DWM spent approximately $11.9 million on Sewer Rehabilitation projects for linear
sewer assets as a part of its Capital Improvement Program. DWM ensures the requirements of
the collection system permit are met by deploying City crews to clean at least 10% of the
collection system annually. DWM measures the cleaning on a fiscal year basis starting July 1.
Reporting Period
Miles
Percent of System
FY25
9.34
0.81%
FY24
134.97
11.72%
FY23
119.86
10.40%
FY22
116.16
10.14%
Table 1. Unique mileage of gravity mains cleaned by DWM Staff for the three most recent fiscal year and current.
Sewer Rehabilitation Program:
DWM has an active Sewer Rehabilitation Program. The program includes flow monitoring (25
permanent monitors), CCTV inspection, manhole inspection, easement mowing, field
inspections and investigations, point repairs, line replacement, root and grease abatement and
cured -in -place manhole and line rehabilitation.
There are seven full-time equivalents (FTEs) employees dedicated to DWM's system
rehabilitation programs in the Utility Engineering Division of the Department. This workgroup
handles flow monitoring and system data management and contract preparation,
administration, and inspections.
There are 20 FTEs in the City's Collections Line Maintenance (CLM) workgroup in the Sewer
Maintenance Division of DWM. This group performs CCTV inspections, hydraulic cleaning
activities, manhole inspections, and manhole repairs. They respond to all reported concerns
including blockages and overflows. In addition, the CLM crews are supported by the Excavation
Services workgroup who perform identified point repairs, line replacements, and cured -in -place
lining.
The Lift Station Maintenance workgroup (LSM) focuses on oversight and maintenance of the 64
lift stations throughout the service area. This workgroup of 17 FTEs conducts required daily,
weekly, monthly, and annual inspections and associated preventive maintenance activities.
The 11 FTEs in the Outfall Maintenance (OFM) workgroup perform routine inspection and
mowing of easements and inspection of the designated high priority lines. In addition, they
facilitate the inspections and repair of the 136 air relief valves (ARVs) in the City's sewer
system.
Fats, Oils, and Grease Program (FOG):
The department's FOG education and outreach effort is conducted by three FTEs. (Staff are
shared between the Industrial Pretreatment, Septage and FOG Programs). In addition to
working with the Durham County Health Department, staff routinely inspect over 800 food

service establishments (FSEs) annually to ensure appropriate cleaning and maintenance of
grease interceptors. Staff participate in community events, such as Earth Day, Center Fest and
the Bimbe Festival, as well as neighborhood meetings. Department staff deliver residential Fat
Trappers to increase awareness of the proper disposal methods for waste. DWM staff also
conduct post-SSO follow-up education and enforcement as necessary. DWM invests over
$30,000 per year in advertising the proper disposal of FOG on television. Staff post to the City's
quarterly newsletter, the Durham Digest, along with multiple mentions in the City Manager's
Report known as City Connect, to reach a broad range of Durham residents.
Summary:
Based upon the documented information provided above regarding this incident, DWM
believes that this SSO was exceptional, unintentional, temporary, and caused by factors beyond
the City and Department's control and should have no Civil Penalty. DWM actively manages,
operates, and maintains its system in such a manner as to meet or exceed all the requirements
of the Collection System permit. As detailed above, DWM systematically inspects, flushes, and
rehabilitates its wastewater collection system. The Department also actively works to regulate
and educate the community regarding what should and should not be discharged into the City's
sewer collection system.
The department staff welcomes the opportunity to meet with you and your staff to review our
program and discuss constructive ways to improve what we are already doing in the City of
Durham. If you have any questions or need any additional information, please do not hesitate
to contact me at [phone] or via email at [e-mail].
Sincerely,
Donald F. Greeley ��
Director
Attachments
C: Kevin Fowler, DEQ— Water Quality Regional Operations Section, Raleigh Regional Office
Kenny Willard, Superintendent, Sewer Maintenance, Water Management
Scott Smart, Assistant Director, Water Management

Reportable Sewer Spill Locations - FY25 1st QTR JUL
ti %, J
.�I T4
0
rA
t
-',,•.:•.l,.. ��F T'..�'
- �\ -r�.--
6
%0
_ - \. �� */4•,.,r ..'a-. i� � • lip, ; �._. � .[.� y :'t �.. 1 �.
el
Qlt
1-5
AW
R. t
) - •2.`�1ti- 1f'S: b _ y • wyfi� f ` 1N - '_ .~t
r.i `. �`�1 ] � t :� �; ' ;tea.,_ �.': , � •�, r•l • 1 i � +.1 r � %(� j � ��r,l + �
�-. I M• IttQWM-JWr
1016
Jtf—t Y- •Ai / I y�i rr. Trwk"Na: MOV-UI44DV4321
UNWO
\• ~ !� �' �. arc. rwrr
rL� i i i � f • J' �o...W��

Docusign Envelope ID: 45ED60C7-2319-4976-AA4A-CFCMEAtFCB
ROY COOPER
Gowl pwl
ELIZABEI•H S. 1315ER
,irc rrluey
RICHARD E. ROGERS, JR,
ti, 1 t(,,
Donald F Greeley
City of Durham
101 City Hall Piz
Durham, NC 27701-3329
r 1
'�' i �•
RECEIVED
City of Durham
AUG 19 2024
NORTH CAROLINA
OflSce of the Dlreoior
Environmental Quality
Dept. of Water Management
August 01, 2024
SUBJECT: NOTICE OF VIOLATION
Tracking Number: NOV-2024-DV-0321
Sanitary Sewer Overflows - July 2024
Collection System Permit No. WQCS00005
Durham Collection System
Durham County
Dear Mr. Greeley:
The self -reported Sanitary Sewer Overflow (SSO) 5-Day Report submitted by City of Durham indicates violations
of permit conditions stipulated in the subject permit and North Carolina G.S. 143-215.1. Violations include failing to
effectively manage, maintain, and operate the subject collection system so that there is no SSO to the land or
surface waters and making an outlet to waters of the State for purposes of G.S. 143-215.1(a)(1), for which a
permit is required.
Specific incident(s) cited in the subject report include the following:
Incident Start Duration
Number Date (Mips) Location Cause
202401221 7/24/2024 134
912 ANDERSON
STREET,DURHAM,
27705
Other
Total Vol
Total Surface
Vol Water
(Gals) (Gals) DWR Action
670 670 Notice of Violation
D—E �•..� ,xm r I ��.,.�.,, m. ,�-Jw. Pn tirr � ueh� a .,.�x�.

Docusign Envelope Io: 45E0617C7-2319-4976-AA4A-CECO58EA1KC8
Remedial actions, if not already implemented, should be taken to correct the above noncompliance. Please submit
a written response to this Notice of Violation. Your response is to be received by the regional office within 15
business days following receipt of this violation. Please include any additional documentation about this incident(s)
in the response. The submittal will be considered in determining whether the Division will assess a civil penalty for
the cited violations.
If you have any questions, please do not hesitate to contact Myles Parker with the Water Quality Section in the
Raleigh Regional Office at 919-791-4200 or via email at [e-mail].
Cc: Laserfiche
Sincerely,
�OocuSigned by:
t/a1n t,SSOL f. AkA uLL
BNIMA832144f
Vanessa E. Manuel, Assistant Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ
A. d,,.�„�w..u�..a.w�..-
- L.p .rRu..4�.Ji.t Yi 4Ft��._11 .- wA�-. \�.M. •i N�. 'yNn.

See

SEP - 6 Z024 State of North Carolina
DWR Department of Environment and Natural Resources
Division of Water Resources
Collection System Sanitary Sewer Overflow Reporting Form
Dlv6lon of Water Resources Form CS-SSO
PART 1:
This form shall be submitted to the appropriate DWQ Regional Office within five business des of the first knowledge of the
sanitary sewer overflow (SSO).
Permit Number: WOCS00005 (WQCS# if active, otherwise use WQCSD#)
Facility: Durham Collection System Incident #; 202401221
Owner: City of Durham
City: Durham County: Durham Region: Rale gh
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): 912 ANDERSON STREET, DURHAM, , 27705
Manhole #: 13720
Latitude (Decimal Degrees): Longitude (Decimal Degrees):
Incident Started Dt: 07/24/2024 Time: 11:06 am Incident End Dt: 07/24/2024 Time: 01-20 pm
(mm-dd-yyyy) (hh:mm AMIPM) (mm-d -yyyy) (hh:mm AM/PM)
Estimated Volume of the SSO: 670 gallons Estimated Duration (Round to nearest hour). 214 hours
Describe how the volume was determined. 5GPM X 134
Weather conditions during the SSO event: Dry with Wet Ground
Did SSO reach surface waters? Q Yes ❑ No ❑ Unknown Volume reaching surface waters (gals): 670
Surface water name: Sandy Creek
Did the SSO result in a fish kill? ❑ Yes ZNo ❑ Unknown If Yes, what is the estimated number of fish killed? 0
SPECIFIC cause(s) of the SSO:
[A Other (Please explai
24 hour verbal notification (name of person contacted ): Kdstina Morales
Z DWR ❑ Emergency Mgmt Date (mm-dd-yyy): 07/25/2024 Time (hh:mm AM/PM): 08:23:00 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 reegorled 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 11)
Describe:
32inch round tree collapsed snapping the flinch aerial ductile iron and causinci it to directly leak into creek.
Were adequate equipment and resources available to fix the problem? [ Yes ❑ No E3 NA NE
If Yes, explain:
We were able to plu-q the mainline and use a 4inch Pump to bypass to downstream manhole while contractors made 5ft
repair to replace sewer main. Also, tree was cut and removed from area.
If the problem could not be immediately repaired, what actions were taken to lessen
the impact of the SSO?
The repair was made before 3:30 m but we were able to bypass sewer and remediate overflow at 1:20 m.
Comments:
Reoair made to pipe is permanent and tree was removed and area weas scanned for weakened trees as well.
System Visitation
ORC Yes
Backup R Yes
Name:
Larry Hughes
Cert#
1005483
Date visited:
07/24/24
Time visited:
11:15am
How was the SSO remediated (i.e. Stopped and cleaned up)?
Crew arrived on scene to find tree had collapsed sewer aerial. We proceeded_ to use 4inch pump to bypass sewer to
downstream manhole remediated the spill while repairs were made. We also had a crew downstream of the creek settinc
up 6inch bypass and sandbags to block any untreated wastewater from getting by. We used the 6inch to remove the
wastewater and pump it into sanitary sewer manhole nearby. Crew also cleaned up ground around creek removing soil a
putting -down seed and straw. Mainline will also be cleaned to remove any debris that compromise the integrity of the piol
Local storm water quality will be called to inform them of overflow and have the creek tested for ammonia.
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 subr
Signature:
Telephone Number: `! b (' Ir - ) 0 '� - � o tA'
Date: 07/25/24 02:28 pm
Title: A,, o��-
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: