WQCS00110_NOV-2020-DV-0183 Response_20200629

Mr. Rick Bolich, L.G.,
Assistant Regional Supervisor
North Carolina Department of Environmental Quality
Water Quality Regional Operations Section
Raleigh Regional Office
1628 Mail Service Center
Raleigh, NC 27699-1628
TOWN OF CLAYTON
Public Services - Administration
653 NC-42., P.O. Box 879
Clayton, NC 27528
Phone: [phone]
Fax:[phone]
vt t t,dpt gYHnvironmental Quality
r Q 7,020
Raleigh Regional Office
SUBJECT: Notice of Violation NOV-2020-DV-0I83
Town of CIayton Collection System Permit Number WQCSOOI 10
Dear Mr. Smith:
The following information is provided in response to your letter of April 30, 2020, that was received May 5, 2020,
related to the Town of Clayton's actions to correct and prevent future Sanitary Sewer Overflow (SSO) occurrences:
Incident Number 202000157
This SSO was caused by grease and debris build up in the gravity sanitary sewer line running through the Edgewater -
Lake Drive sewer easement behind the residence along Lake Dr. and running parallel to the unnamed tributary of the
Neuse River. The SSO was contained as quickly as possible and returned to the system. The effected creek was
flushed and pumped into the sewer system to minimize any further environmental impact. The area adjacent to the
release was abated and restored. The Town has continually exceeded the State's 10% cleaning requirements as well
as the semi-annual inspection of High Priority sewer lines. We have also consistently complied with the FOG
Requirements for distribution of Public Educational Materials related to not only FOG control but also debris not
intended for the Sanitary sewer system, to the entire sanitary sewer customer base as well as exceeding the requirement
by providing can toppers to all customers to use for containerizing cooking grease for disposal into the solid waste
stream instead of into the sanitary sewer system.
Incident Number 202000334
This SSO was caused by storm water inflow and infiltration during a severe rain event of 3.58" of rain in a 12 hour
period and was located at the convergence of all the sanitary sewer system flows just before entering the influent
structure on the Little Creek Water Reclamation Facility (LC WRF) site. The entire area adjacent to the SSO site was
flooded which caused a large portion of the lines coming to the WRF from the west to be under water. Once the
flooding subsided the affected area was inspected and cleaned as appropriate and pulverized Iime applied as a
precaution. This portion of the Sanitary Sewer System coming into the WRF from the west has been under design for
rehab and replacement due to the age and condition which should minimize the inflow and infiltration (1&1) in the
area that was flooded during this event. The Town has also purchased a sanitary sewer flow monitoring system to
begin some I&I investigation which should help eliminate some storm water as well as ground water entering the
system.
Please contact me at RCappola,'aITownofClaytonNC.org or at the number above if any additional information is
required at this time. Thank you for the attention provided to our response.
Sincerely,
Richard D. Cappola Jr., PE
Public Services Director
Enclosures
Cc. Adam Lindsay • Town Manager
Byron Poelman - Distribution & Collection System Manager
Collection System File
OLWwo.."�'iPO Box 879 - Clayton, NC 27528 .919-553-1530 Fax [phone] - TownoiCla onNC.or
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NC Dept of Environmental QualitN
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S. DANIEL SMITH NORTH C.AROLINA
Dirwror Enrlraemratal Quallry
CERTIFIED. MAIL:701-6 3560 0000284631
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:
If IN 7 q 2020
Raleigh Regional Office
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 (Mips) Location Cause (Gals) (Gals) DWR Action
202000157 1/25/2020 178 107 Lake Drive Debris in line, Grease 4,500 2,500 Notice of Violation —
Notice of Intent
202000334 2/6/2020 75 1000 Durham St. 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,
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Scott Vinson, Regional Supervisor
Q Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ
Cc: Raleigh Regional Office - WQS File
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