WQCS00110_NOV and Intent to Assess_2020-DV-0183_20200430

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MICHAEL S. REGAN
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S. DANIEL SMITH
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Environmental Quality
CERTIFIED MAIL.:7016 3560 0000
4428 4631
RETURN RECEIPT REQUESTED
April 30, 2020
Adam Lindsay, Town Manager
Town. of Clayton
PO Box 879
Clayton, NC 27528-0879
SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY
Tracking No.: NOV-2020-DV-0183
Sanitary Sewer Overflows — January, February, March 2020
Collection System Permit No. WQCS00110
Clayton Collection System
Johnston County
Dear Mr. Lindsay:
A review has been conducted of the self -reported Sanitary Sewer Overflows (SSO's) 5-Day Reports submitted by
Town of Clayton. The Division's Raleigh Regional Office concludes that the Town of Clayton violated Permit
Condition I (2) of Permit No. WQCS00110 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 Clayton an opportunity to provide evidence and justification
as to why the Town of Clayton should not be assessed a civil penalty for the violations that are summarized
below:
Total Vol
Total Surface
Incident Start Duration Vol Water
Number Date (Mins) Location Cause (Gals) (Gals) DWR Action
202000157 1/25/2020 178 107 Lake Drive
202000334 2/6/2020
75
1000 Durham St.
Debris in line, Grease
4,500 2,500 Notice of Violation -
Notice of Intent
Severe Natural Condition 1,875 1,875 Notice of Violation
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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 60 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 Mitchell Hayes with the Water Quality Section in
the Raleigh Regional Office at 919-791-4200 or via email at [e-mail].
Sincerely,
Scott Vinson, Regional Supervisor
(J Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ
Cc: Raleigh Regional Office - WQS File
Laserfiche
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