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HomeMy WebLinkAboutWQCS00110_NOV-2022-DV-0230_20220817ROY COOPER Governor ELIZABETH 5. BISER Secretary RICHARD E. ROGERS, JR. Director Certified Mail # 7020 3160 0000 4109 0027 Return Receipt Requested Rich Cappola, Interim Town Manager Town of Clayton PO Box 879 Clayton, NC 27528-0879 NORTH CAROLINA Environmental Quality August 17, 2022 SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY Tracking No.: NOV-2022-DV-0230 Sanitary Sewer Overflows - July 2022 Collection System Permit No. WQCS00110 Clayton Collection System Johnston County Dear Mr. Cappola: 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 violation(s) that are summarized below: Incident Start Duration Number Date (Mins) Location Cause Total Vol Total Surface Vol Water (Gals) (Gals) DWR Action 202201071 7/7/2022 60 109 Lake Dr, Clayton, Power Outage, NC, 27520 Severe Natural Condition 2,100 2,100 Notice of Violation - Notice of Intent 202201187 7/27/2022 94 850 South Lombard St Other 95,900 75,000 Notice of Violation — Notice of Intent North Carolina Department of Environmental Quaky I Division of Water Resources Raleigh Regional Office i 3600 Swett Drive I Raleigh, North Carolina 27609 919.791.4200 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 Mitchell Hayes with the Water Quality Section in the Raleigh Regional Office at 919-791-4200 or via email at mitch.hayes@ncdenr.gov. Cc: Raleigh Regional Office - WQS File Laserfiche Sincerely, Scott Vinson, Regional Supervisor Water Quality Regional Operations Section Raleigh Regional Office Division of Water Resources, NCDEQ North Carolina Deportment of En troommtal Quality I Division of Water Resources Raleigh Regional office 3800 Barrett Drive ! Raleigh North Carolina 27609 9I9.7%4200