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HomeMy WebLinkAboutWQCS00179_DV-2024-0134_20241115ROY COOPER Governor MARY PENNY KELLEY Se emlary RICHARD E. ROGERSr JR. Director Certified Mail # 7014 3490 0001 8820 9129 Return Receipt Requested Christopher Doherty, Director Public Utilities Franklin County Public Utilities 1630 U S Hwy 1 Youngsville, NC 27596-9661 NORTH CAROLINA Environmental Quality November 15, 2024 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. WQCSOO179 Franklin County Public Utilities Franklin County Collection System Case No. DV-2024-0134 Franklin County Dear Permittee: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $1,222.80 ($1,125.00 civil penalty + $97.80 enforcement costs) against Franklin County Public Utilities. This assessment is based upon the following facts: a review has been conducted of the Sanitary Sewer Overflow (SSO) 5-Day Report submitted by Franklin County Public Utilities. This review has shown the subject facility to be in violation of the requirements found in Collection System Permit No. WQCS00179 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 Franklin County Public Utilities violated the terms, conditions or requirements of Collection System Permit No. WQCS00179 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). D E Qr� North Carolina Oeparlm t of Environmenlal Quagly I Oivislon of Water Resources .,/ RaMlgh Reglonal office 3M)Barrett Drive I Raleigh NoNhCarohna 21t,09 •n �` ! 919.M1.4200 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, Vanessa E. Manuel, Assistant Regional Supervisor, Raleigh Regional Office hereby make the following civil penalty assessment against Franklin County Public Utilities: $1 1125.00 For 1. of the 1 violations of Collection System Permit No. WQCS00179 and G.S. 143-215.1(a)(I ) for Sanitary Sewer Overflow(s) resulting in a discharge without a valid permit. $1,125.00 TOTAL CIVIL PENALTY $97.80 Enforcement Costs $1 2_ , 22.80 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 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 (3Q) 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 Vanessa E. 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 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 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 dateltime 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 Myles Parker with the Division of Water Resources staff of the Raleigh Regional Office at (919) 791-4200 or via email at myles.parker@deq.nc.gov. Sincerely, Vanessa E. Manuel, Assistant Regional Supervisor Water Quality Regional Operations Section Raleigh Regional Office Division of Water Resources, NCDEQ ATTACHMENTS Cc: Laserfiche JUSTIFICATION FOR REMISSION REQUEST Case Number: DV-2024-0134 County: Franklin Assessed Party: Franklin County Public Utilities Permit No.: WQCS00179 Amount Assessed: $1,222.80 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 live 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. 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 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: STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY COUNTY OF FRANKLIN IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND STIPULATION OF FACTS Franklin County Public Utilities ) Franklin County Collection System ) PERMIT NO. WQCS00179 ) CASE NO. DV-2024-0134 Having been assessed civil penalties totaling $1,222.80 for violation(s) as set forth in the assessment document of the Division of Water Resources dated November 15, 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 civi 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 I_11]Q.44*1 TELEPHONE SIGNATURE ,20 ATTACHMENT A Franklin County Public Utilities CASE NUMBER: DV-2024-0134 PERMIT NO: WQCS00179 FACILITY: Franklin County Collection System Other Violations INCIDENT VIOLATION NUMBER DATE VIOLATION TYPE VIOLATION DESCRIPTION 202401076 6/18/2024 CSOISSO(Sewer Overflow) Discharge without valid permit REGION: Raleigh COUNTY: Franklin TOTAL VOLUME PENALTY (GALLONS) AMOUNT 3,000 $1,125.00 DIVISION OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT Violator: Franklin County Public Utilities Facility Name: Franklin County Collection System Permit Number: WQCS00179 County: Franklin Case Number: DV-2024-0134 (Incident ##202401076) 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; of A total of 3000 gallons of wastewater overflowed from the Wilson Collection System due to debris. 3,000 gallons of wastewater flowed near to Cedar Creek class WS-II; HQW,NSW in the Tar -Pamlico River Basin. Nutrients and pathogens to surface waters. 2) The duration and gravity of the violation. The SSO started on 06.18.2024 at 08:30 AM. The incident ended the same day at 11:30 AM. 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 is not documented. 5) The amount of money saved by noncompliance; It is believed that no money was saved by noncompliance. 6) Whether the violation was committed willfully or intentionally; It does not appear that the violations were 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 have been 2 enforcement cases within the past 12 months. 8) The cost to the State of the enforcement procedures. $97.80 �ir�t., �•.� t <i 20 Date 'anessa E. Manuel, Assistant Regional Supervisor Water Quality Regional Operations Section Raleigh Regional Office Division of Water Resources, NCDEQ F Alin �r ounty NORr4 CAROLINA A Research Triangle Region CarnmunRy August 7, 2024 Vanessa Manuel, Assistant Regional Supervisor Water Quality Regional Operations Section Raleigh Regional Office Division of Water Resources, NCDEQ SUBJECT: RESPONSE TO NOTICE OF VIOLATION Tracking Number: NOV-2024-DV-0296 Permit Number: WQCS00179 Franklin County Collection System Franklin County Dear Ms. Manuel, Public Utilities 1630 US ##1 Hwy Youngsville, NC 27596 Phone: 919.556.6177 www.franklincount nc.us Franklin County is in receipt of NOV-2024-DV-0296 dated July 29, 2024. The SSO for which this NOV references was due to grease and debris in the main sewer line. The problem was evaluated, and staff began repairs immediately. Collection system line maintenance continues to be a high priority and other areas have been reevaluated since this event. Franklin County's Board of Commissioners have approved funding dedicated to sewer line and manhole rehabilitation. We are confident that with the above -mentioned plan of action Franklin County can greatly lessen the chance of future SSO's occurring within the system. If you have any further questions, please contact our office at 919..556-6177. Sincerely, Christopher Doherty, of Public Utilities Franklin County 1630 US Hwy 1 Youngsville, NC 27596 CC: File "Equal Opportunity Employer" Docusign Envelope ID: B5FF906F-98B6-462F-B57F-51BFE8C39943 ROY COOPER Governor ELIZABETH S. BISER Secretory RICHARD E. ROGERS, JR. Director Certified Mail # 7017 0190 0000 2486 8923 Return Receipt Requested Christopher Doherty, Director Public Utilities Franklin County Public Utilities 1630USHwy 1 Youngsville, NC 27596-9661 NORTH CAROLINA Environmental Quality July 29, 2024 SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY Tracking No.: NOV-2024-DV-0296 Sanitary Sewer Overflows - June 2024 Collection System Permit No. WQCS00179 Franklin County Collection System Franklin County Dear Mr. Doherty: A review has been conducted of the self -reported Sanitary Sewer Overflows (SSO's) 5-Day Reports submitted by Franklin County Public Utilities. The Division's Raleigh Regional Office concludes that the Franklin County Public Utilities violated Permit Condition I (2) of Permit No. WQCS00179 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 Franklin County Public Utilities an opportunity to provide evidence and justification as to why the Franklin County Public Utilities 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 202401076 6/18/2024 180 255 MATERIALS DRIVE, Debris in line, Grease 3,000 3,000 Notice of Violation - FRANKLINTON, 27525 Intent to Assess N ieVi Renpnx l Office 1 3 of F�.iien D - Quail y l Milk. ihCa, luwWolik„xn: r. Rarlrlyi, Argl,x,ul Offitr 1 38008anr1l Orivr I ga1Ny14 Nash Ce,ul,u, 27n09 rrr 919191A20o ocusign Envelope ID: B5FF906F-9886-462F-B57F-51BF'C8C39943 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, DocuSlynad by: i/av� t iSa'e. N AkAlLILL B2916EBA632144F Vanessa Manuel, Assistant Regional Supervisor Water Quality Regional Operations Section Raleigh Regional Office Division of Water Resources, NCDEQ NrVlCiRrgditlkO �_EQ pfC.rcnrnc3r+r8a0f0fBon rwell vnDove lQ{RuaakErtiyyhI North .xCtx�rfoWWaalrnrRenw9 +nres �� 919.19t.4200 State of North Carolina Department of Environment and Natural Resources DWR Division of Water Resources Collection System Sanitary Sewer Overflow Reporting Form DI*Ion 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: WQCS00179 (WQCS# if active, otherwise use WQCSD#) Facility: Franklin County Collection System Incident #: 202401076 Owner: Franklin County Public Utilities City: Franklinton County: Franklin Region: Raleigh Source of SSO (check applicable): [l 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): 255 MATERIALS DRIVE, FRANKLINTON, , 27525 Manhole #: NIA Latitude (Decimal Degrees): Longitude (Decimal Degrees): Incident Started Dt: 06/18/2024 Time: 8:30 am Incident End Dt: 06/18/2024 Time: (mm-dd-yyyy) (hh:mm AM/PM) (mm-dd-yyyy) Estimated Volume of the SSO: 3,000 gallons Estimated Duration (Round to nearest hour) Describe how the volume was determined: Gal/Min Weather conditions during the SSO event: Sunny 11:30 am (hh:mm AM/PM) 3:0 hours Did SSO reach surface waters? 0 Yes ❑ No ❑ Unknown Volume reaching surface waters (gals): 3000 Surface water name: Cedar Creek 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: P Grease El Debris in line 24 hour verbal notification (name of person contacted ): James Westcott 0 DWR [] Emergency Mgmt Date (mm-dd-yyy): 06/18/2024 Time (hh:mm AM/PM): 11:48:00 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? Do you have an enforceable grease ordinance that requires new or retrofit of grease [] Yes ❑ No W NA ❑ NE traps/interceptors? Have there been recent inspections and/or enforcement actions taken on nearby restaurants or other nonresidential grease contributors? Explain. 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? Bi-annually and to whom? Sewer customers Explain? 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 W NA ❑ NE [] Yes W No [j NA NE [ Yes W No Ej NA ❑ NE Wj Yes ❑ No ❑ NA ❑ NE Yes ❑ No W, NA ❑ NE CS-SSO Form Page: 2 Comments: Debris in line What type of debris has been found in the line? Roots/Grease/Sediment Suspected cause or source of debris. Are manholes in the area secure and intact? When was the area last checked/cleaned? 6 Months Have cleaning and inspections ever been increased at this location due to previous problems with debris? Explain F Yes ❑ No ❑ NA ❑ NE [j Yes ❑ No [Z NA ❑ NE Are appropriate educational materials being developed and distributed to prevent futi W Yes ❑ No ❑ NA [] NE similar occurrences? Comments: System Visitation ORC Backup Name: Luther P Proctor Cert# 1009195 Date visited: 06/18/2024 Time visited: 8:50 AM How was the SSO remediated (i.e. Stopped and cleaned up)? [7%j Yes W, Yes 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: Luther Payton Proctor Signature Telephone Number: Date: 06/24/24 11:57 am Title: 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: 4 100 p �f1 N N N NO Ali r W a0 N CD(D N U U r ao v It r a- a in E 0 z O z O z O z O z O z O z O z O z O O O O O tq h M O `� a9 � N u n O c A m (A u!) 69LO m w r m A o rn N Q C.) m to b% N w 3 O ❑ l6 8 c c0 m to m CD w toa c c CD � b.6 �(AO CO m E L.) m c a o � a 7 co F� = E O O 0 co L6 o c a N In a O m E R W K Q C U 7 _' m m U) W i Z c Nr O O O 00 N 3 C3 O O O ('/f E O te 40 co c m E m v W Ix Q r h � o 9 u� oo Ln C C O m h (i9 69 WUZ c`) N Qr r N o - U c6 _N 'N y m N_ m N 1+ r (D (� N co r m d E E cr V N U In C � W G u5 C_ C Y m N m CO O co h h h N o 0 4.L ` 4 r h 6 h m N O r 7 6 m m (6 m L6 O Or 69 (A b9 (A b9 Ell WA 0 (A W U (A y o o 0o E y E - (n d Q o 00 0 0 0 00 0 0 00 0 0 o N Q c 0 a o o a r a r h h Ol (A Vi off (A to 49 69 V9 u9 c m m 3 p E m Q o N N N N N N n C o ('o m vi W) � co O 0 j d CL co P') M N Q7 ✓yi a o 'er CL U U o C C U) O1 ZD Li- li 7 �' {O .. O O h O co O h0 O 0 0 0 0 0 0 0 0 0 4 ni m .. 01 N to r N CV m a It m V C E C m N N N N N N N N -- (m 3 `m a > j > > > > > 7 > > a 0 a a cz () z 0 0 0 0 0 0 0 ❑ 0 F- 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 Franklin County Public Utilities WQCS00179 FOR THE operation and maintenance of a wastewater collection system consisting of, at the time of permit issuance, approximately 34.04 miles of gravity sewer, approximately 31.81 miles of force main, 27 duplex pump stations, and all associated piping, valves, and appurtenances required to make a complete and operational wastewater collection system to serve Franklin County Public Utilities, pursuant to the application received November 7, 2017, 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 June 1, 2018 until May 31, 2026, and shall be subject to the following specified conditions and limitations: Page 1 of 7 L PERFORMANCE STANDARDS 1. The sewage and wastewater collected by this system shall be treated in the properly permitted Wastewater Treatment Facility identified in the permit application and documented in the Division's database. [15A NCAC 02T .0108 (b)] 2. The wastewater collection system shall be effectively managed, maintained and operated at all times to prevent discharge to land or surface waters, and to prevent any contravention of groundwater standards or surface water standards. In the event that the wastewater collection system fails to perform satisfactorily, Includingthe creation of nuisance conditions, the Permittee shall take immediate actions as per the Response Action Plan (Condition II(9)), as well as any actions that may be required by the Division of Water Resources (Division), such as the construction of additional or replacement sewer lines and/or equipment. [15A NCAC 02T .0108 (b)] 3. The Permittee shall establish by ordinance, inter -local agreement or contract its legal authority to require new sewers be properly constructed; to ensure proper inspection and testing of sewer mains and service laterals; to address flows from satellite systems and to take enforcement action as required by Condition 1(4). [G.S. 143-215.98; G.S. 143-215.1(f)(1)] 4. The Permittee shall develop and implement an educational fats, oils and grease program that shall include at least semiannual distribution of educational material targeted at both residential and non- residential users. The Permittee shall also develop and implement an enforceable fats, oils and grease program for non-residential users under which the Permittee can take enforcement against users who have not properly installed, operated and maintained grease traps or grease interceptors as directed or otherwise violated the terms of the enforcement program pertaining to fats, oils and grease. 115A NCAC 02T .0108 (b)j The Permittee shall adopt and implement a Capital Improvement Plan (CIP) to designate funding for reinvestment into the wastewater collection system infrastructure. The CIP should address the short- term needs and long-term "master plan" concepts. The CIP should typically cover a three to five year period and include a goal statement, description of the project area, description of the existing facilities, known deficiencies (over a reasonable period) and forecasted future needs. Cost analysis is Integral to the CIP. (G.S. 143-215,981 6. Overflow piping from manholes and pump stations, excluding piping to approved equalization structures, known or discovered after permit issuance shall be immediately removed or permanently capped. Plugged or valved emergency pumping connections are allowable for portable pumping or - rerouting without intentionally bypassing the wastewater treatment facility. 115A NCAC 02T .0108 (b)] The Permittee shall maintain a contingency plan for pump failure at each pump station. If one of the pumps in a pump station containing multiple pumps fails, the process of repairing or replacing the pump shall be initiated immediately and the new parts or pump shall be installed as soon as possible. The permittee shall provide justification for delay in initiating the process for repair or replacement at the Division's request. If the pump in a simplex pump station serving more than a single building or pump stations not capable of pumping at a rate of 2.5 times the average daily flow rate with the largest pump out of service fails, it shall be replaced immediately. [15A NCAC 02T .0305 (h) (1)] Page 2 of 7 8. Each pump station shall be clearly and conspicuously posted with a pump station identifier and an emergency contact telephone number at which an individual who can initiate or perform be cant Cted, ncy service for the wastewater collection system 24 hours per day, seven days per veek 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. [15A 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. 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)) If. OPERATION AND MAINTENANCE REQUIREMENTS 1. 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 (ORC) 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 wastevater collection system that cannot be resoivedinsori time period, the Permittee shall establish a plan for addressing the problem($). 115A NCAC 02T .0108 (b)] 3. The Permittee shall develop and adhere to a schedule for testing emergency and standby equipment. (15A NCAC 02T .0109 (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. 115A NCAC 02T .0108 (b)] Page 3 of 7 S. For each pump station without pump reliability (i.e. simplex pump stations serving more than a single building or pump stations not capable of pumping at a rate of 2.5 times the average daily flow rate with the largest pump out of service), at least one fully operational spare pump capable of pumping peak flow shall be maintained on hand. [15A NCAC 02T .0305 (h) (1) (A)] 6. The Permittee shall maintain on hand at least two percent of the number of pumps installed, but no less than two pumps, that discharge to a pressure sewer and serve a single building, unless the Permittee has the ability to purchase and install a replacement pump within 24 hours of first knowledge of the simplex pump failure or within the storage capacity provided in a sewer line extension permit. [15A NCAC 02T .0108 (b)] Rights -of -way and/or easements shall be properly maintained to allow accessibility to the wastewater collection system unless the Permittee can demonstrate the ability to gain temporary access in an emergency situation where existing land -use conditions do not allow the establishment and maintenance of permanent access. In this case, the Permittee shall continue to observe the lines visually, utilize remote inspection methods (e.g. CCTV) and use the opportunity of drier conditions,to perform further inspections and necessary maintenance. [15A NCAC 02T .0108 (b)] B. The Permittee shall assess cleaning needs, and develop and implement a program for appropriately cleaning, whether by hydraulic or mechanical methods, the wastewater collection system. At least 10 percent of the gravity wastewater collection system, selected at the discretion of the ORC, shall be cleaned each year. Preventative cleaning is not required for sewer lines less than five years old unless inspection otherwise reveals the need for cleaning or cleaning is required by a sewer line extension permit. [15A NCAC 02T .0108 (b)] 9. The Permittee shall maintain a Response Action Plan that addresses the following minimum items: a. Contact phone numbers for 24-hour response, including weekends and holidays; b. Response time; c. Equipment list and spare parts inventory; d. Access to cleaning equipment; e. Access to construction crews, contractors and/or engineers; f. Source(s) of emergency funds; g. Site restoration and clean up materials; and h. Post-SSO assessment. [15A NCAC 02T .0108 (b)] —10. The Permittee, or their authorized representative, sh—a conduct an on -site evaluation for all SSOs as soon as possible, but if feasible no more than two hours after first knowledge of the SSO. The Permittee shall document In its 5-day report why it was unable to initially respond to any SSO location within two hours. [1SA NCAC 02T .0108 (b)] 11, In the event of an SSO or blockage within the wastewater collection system, the Permittee shall restore the system operation, remove visible solids and paper, restore any ground area and restore the surroundings. [15A NCAC 02T .0108 (b)] Ill. RECORDS 1. Records shall be maintained to document compliance with Conditions 1(40I(2) - 1€(4), 11(7) - 11(8), IV(3) and V(1) -V(4). Records shall be kept on file for a minimum of three years. [15A NCAC 02T .0108 (b)] Page 4 of 7 The Permittee shall maintain adequate records pertaining to SSOs, and SSO or wastewater 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 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 1. How the SSO was discovered. [15A NCAC 02T .0108 (b)] 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 andan acceptable sampling and reporting schedule shall be implemented. 115A 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 by the Permittee through a perpetual legal agreement: a. Any SSO and/or spill over 1,000 gallons to the ground; or b. Any SSO 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) 8S8-0368 or (919) 733-3300. Page 5 of 7 Persons reporting any of the above occurrences shall file a spill report by completing Part I of Form CS- SSO (or the most current Division approved form), within five business days following first knowledge of the occurrence. This report shall outline the actions taken or proposed to ensure that the problem does not recur. [G.S. 143-215.iC(a1)] 3. The Permittee shall meet the annual reporting and notification requirements provided in North Carolina General Statute §143-215.1C. V. INSPECTIONS 1. The Permittee or the Permittee's designee shall inspect the wastewater collection system regularly to reduce the risk of malfunctions and deterioration, operator errors, and other issues that may cause or lead to the release of wastes to the environment, threaten human health or create nuisance conditions. The Permittee shall keep an inspection log or summary including, at a minimum, the date and time of inspection, observations made, and any maintenance, repairs, or corrective actions taken by the Permittee. (15A NCACO2T.0108 (b)] 2. Pump stations that are not connected to a telemetry system (i.e., remote alarm system) shall be inspected by the permittee or Its representative every day (i.e., 365 days per year). Pump stations that are connected to telemetry shall be inspected at least once per week. 115A NCAC 02T .0108 (b)] 3. A general observation by the permittee or Its representative of the entire wastewater collection system shall be conducted at least once per year. [15A NCAC 02T .D108 (b)) 4. Inspections of all high priority lines (Le, aerial line, sub -waterway crossing, line contacting surface waters, siphon, line positioned parallel to stream banks that are subject to eroding in such a manner that may threaten the sewer line, or line designated as high -priority in a permit) shall be performed at least once per every six-month period of time. A list of high -priority lines is presented as Attachment A and is hereby incorporated into this permit condition. New high priority lines installed or identified after permit issuance are incorporated by reference and subject to this permit condition until permit renewal where they shall be referenced in writing in Attachment A. [15A NCAC 02T .0108 (b)] VI. GENERAL CONDITIONS 1. This permit is not transferable. In the event that the Permittee desires to transfer ownership of the wastewater collection system or there is a name change of the Permittee, a formal permit modification request shall be submitted to the Division. The request shall be accompanied by documentation from the parties involved, and other supporting materials as may be appropriate. Such request will be considered on its merits and may or may not be approved. [15A NCAC 02T .0104; G.S. 143-215.1(d)(3)] 2. Failure to abide by the conditions and limitations contained in this permit may subject the Permittee to an enforcement action by the Division in accordance with North Carolina General Statute §143-215.6A through §143-215.6C, and a sewer moratorium may be established. [15A NCAC 02T .0104] 3. The issuance of this permit does not exempt the Permittee from complying with any and all statutes, rules, regulations, or ordinances that may be imposed by other government agencies (i.e., local, state, and federal) having jurisdiction. [G.S. 143-215.1(b)] 4. The issuance of this permit does not prohibit the Division from reopening and modifying the permit, revoking and reissuing the permit or terminating the permit as allowed by the laws, rules, and regulations or as needed to address changes in federal regulations with respect to the wastewater collection system, in accordance with required procedures. (G.S.143-215.1(b)(4)] Page 6 of 7 S. The Permittee shall pay the annual fee within thirty (30) days after being billed by 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)) B. 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. 115A 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. [15A NCAC 02T .0104) Permit issued this the 211 of November, 2017 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION for Linda Culpepper Interim 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 Page 7 of 7 Attachment A for Condition V(3) Franklin Coin Public llttilties S-twaee Lift St otlans NAME LOCATION ALARM TYPE PUMP EMERGENCY CAPACITY GPM RELIABILITY POWER SOURCE AMERICAN 41 AMERICAN TELEMETRY/VLSUAL/ YES PERMANENT I10 LEGION LS LEGION RD AUDIBLE GENERATOR FRANKUNTON PINE ST LS 18 PINE ST TELEMETRY/VISUAL/ YES PERMANENT 200 FRANKLINTON AUDIBLE GENERATOR KOREASTLS 1KOREAST TEIEMEMY/VISUAL/ YES PERMANENT 90 FRANKLINTON AUDIBLE GENERATOR PARK LS 100 PARK AVE TELEMETRY/WSUAL/ YES PERMANENT ISO FRANKLINTON AUDIBLE GENERATOR OAK RIDGE LS 255 OAK RIDGE TELEMETRY/VISUAL/ YES PERMANENT 255 RD AUDIBLE GENERATOR FRANKLINTON US 1A LS 642 S MAIN ST TELEMETRY/VISUAL/ YES PERMANENT 90 FRANKUNTON AUDIBLE GENERATOR FRANKLINTON LS 441 S CHAVI5 ST SCAOA/VISUAIJ YES PERMANENT 750 FRANKLINTON AUDIBLE GENERATOR YOUNGSVILLE LS SW RR ST SCAOA/VISUALJ YES PERMANENT 1$0 YOUNGSVILLE AUDIBLE GENERATOR NOVO LS 33 PERRY SCADA/VLSUALj YES PERMANENT 1257 CHAPEL RD AUDI$LI GENERATOR FRANKLIN TON INDUSTRIAL 501 PARK AVE SCADA/VISUAL/ YES PERMANENT 710 PARK LS YOUNGSVILLE AUDIBLE GENERATOR OLDE LIBERTY 1 LONG VIEW DR SCADA/VISUAL/ YES PERMANENT 1000 I.S. FRANKUNTON AUDIBLE GENERATOR OLDE LIBERTY 2 POCOMOKE RD SCADA/VISUAL/ YES PERMANENT $DO Li FRANKLINTON AUDIBLE GENERATOR HOLDEN FARMS 75 SHILOH LN SCADA/VISUAL/ YES PERMANENT ISO 1 LS YOUNGSVILLE AUDIBLE GENERATOR HOLDEN FARMS ALCOCK LN SCADA/VISUAL/ YES PERMANENT 110 2 LS YOUNGSVILLE AUDIBLE GENERATOR FARMINGTON 29'CARRINGTON SCADA/VISUAL/ YES PERMANENT BS OAKS LS AVE AUDIBLE GENERATOR YOUNGSVILLE ROYAL SCHOOL 308 FLAT ROCK SCAOA/VISUAL/ YES PERMANENT 340 LS CH RD AUDIBLE GENERATOR YOUNGSVILLE STEPHENS PADDY LN SCADA/VISUAL/ YES PERMANENT 138 GLENN LS YOUNGSVILLE NC AUDIBLE GENERATOR HUNTER PLACE S15 HOLDEN RD SCADA/VISUAU YES PERMANENT 94S LS YOUNGSVILLE AUDIBLE GENERATOR WINSTON RIDGE 30 MORNING SCADANLSUAL/ YES PERMANENT 25S LS GLORY DR AUDIBLE GENERATOR YOUNGSVILLE POST SOFTWARE FLEX WAY SCADA/VISUAL/ YES PERMANENT ISO LS YOUNGSVILLE AUDIBLE GENERATOR COTTAGE CT LS III COTTAGE CT SCADA/VISUAL/ YES PERMANENT 20 AUDIBLE GENERATOR EAST 703 TARBORO RD SCADA/VISUAL/ YES PERMANENT 220 YOUNGSVILLE LS YOUNGSVILLE AUDIBLE GENERATOR SOUTH NASSAU 230SOUTH SCADA/VISUAL/ YES PERMANENT 20 is NASSAU ST AUDIBLE GENERATOR YOUNGSVILLE THOMPSON 131 THOMPSON SCADA/ViSUAL/ YES PERMANENT 20 CIRCLE LS CIRCLE AUDIBLE GENERATOR YOUNGSVILLE ANDERSON 357 NORTH SCADA/VISUAL/ YES PERMANENT 20 PARK LS NASSAU ST AUDIBLE GENERATOR BONTERRA IS 114 BONTERRA SCADA/VISUAL/ YES PERMANENT 20 DR YOUNGSVILLE AUDIBLE GENERATOR Page 1 Attachment A for Condition V(3) K FLEX LS 100 NOMACO DR SCADA/NLSUALJ YES PERMANENT W YOUNGSVILLE I AUDIBLE GENERATOR Page 2 FranklInCou Publl tllities Ni h Prlo Sower Lines "AiluchMMLAforSonditlori V 4 "