WQCS00110_Remission Decision (DV-2023-0004)_20240123

DocuSign Envelope ID:228755FA-2627-46CB-9A6F-39F5EFFOCD3E
Ai;Olbrifhk,
ROY COOPER r7 ,.
Governor K (Fr
ELIZABETH S. BISER �,
Secretary .r'"
RICHARD E. ROGERS,JR. ",,,' a .
Director NORTH CAFROLINA
Environmental Quality
January 23, 2024
CERTIFIED MAIL 7018 1830 0001 8036 7953
RETURN RECEIPT REQUESTED
Mr. Rich Cappola, Town Manager
Town of Clayton
P. O. Box 879
Clayton,NC 27528
Subject: Remission Request of Civil Penalty Assessment
Collection System Permit WQCS00110
Town of Clayton Collection System
Johnston County
Case Number DV-2023-0004
Dear Mr. Cappola:
The Division of Water Resources has considered the information submitted in support of your request
for remission in accordance with G.S. 143-215.6A(f) and has not found grounds to modify the initial
civil penalty assessment of$1,538.85. A copy of the remission decision is attached.
Two options are available to you at this stage of the remission process:
You may pay the penalty.
If you decide to pay the penalty,please make your check in the amount of$1,538.85,payable to the
• Department of Environmental Quality(DEQ). Send the payment within thirty(30) calendar days of
your receipt of this letter to the attention of:
Ms. Wren Thedford
NC DEQ-DWR—Water Quality NPDES Permitting Section
1617 Mail Service Center
Raleigh,North Carolina 27699-1617
OR
You may decide to have the Environmental Management Commission's (EMC's) Committee on
Civil Penalty Remissions make the final decision on your remission request.
If payment is not received within 30 calendar days from your receipt of this letter, your request for
remission with its supporting documents, and the recommendation of the Division of Water Resources
will be delivered to the Committee on Civil Penalty Remissions for a final agency decision.
North Carolina Department of Environmental Quality I Division of Water Resources
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!�!�lJJJIII 512 North Salisbury Street 11617 Mall Service Center I Raleigh,North Carolina 27699 1617
w. aw�n� 919.707.9000

DocuSign Envelope ID:228755FA-2627-46CB-9A6F-39F5EFFOCD3E
Mr. Rich Cappola
Case DV-2023-0004 DWR Remission Decision
p. 2
You have the option of presenting your request in person to the Committee on Civil Penalty
Remissions. If you or your representative would like to speak before the Committee,you must
complete and return the attached Request for Oral Presentation Form within thirty(30)calendar days
of receipt of this letter. Send the completed form to:
Ms. Wren Thedford
NC DEQ-DWR—Water Quality NPDES Permitting Section
1617 Mail Service Center
Raleigh,North Carolina 27699-1617
Please be advised that if an in-person presentation is not requested,the Committee's decision regarding
your remission request will be based upon the written record.
Thank you for your cooperation in this matter. If you have any questions,please contact Bob Sledge at
919-707-3602, or via e-mail at [e-mail].
Sincerely,
EDocuSlgned by:
C464531431644FE..
Michael J. Montebello, Chief
Water Quality NPDES Permitting Section
Division of Water Resources
Attachments
ec: Laserfiche Files (RRO)

DocuSign Envelope ID:228755FA-2627-46CB-9A6F-39F5EFFOCD3E
DIVISION OF WATER RESOURCES
CIVIL PENALTY REMISSION FACTORS
Case Number: DV-2023-0004 Region: Raleigh County: Johnston
Assessed Entity: Town of Clayton Collection System Permit: WQCS00110
O (a) Whether one or more of the civil penalty assessment factors were wrongly applied to the
detriment of the petitioner:
® (b) Whether the violator promptly abated continuing environmental damage resulting from the
violation:
Permittee States:The notes that the Town mobilized its staff immediately upon notification of the SSO.The Town
pumped wastewater from the spill area and from affected portions of the stream back to the collection system.
Dechlorinated water was introduced to the creek upstream of the SSO location.
DWR Response:DWR agrees that the Town's responses to the incident were prompt and appropriate. However, the
occurrence of the SSO, the magnitude of its volume and its effects(documented fish kill)overwhelm the significance
of the remission factor.
® (c) Whether the violation was inadvertent or a result of an accident:
Permittee States:The Town states the SSO was the result the failure of both the primary and secondary bypass pumps
set up by construction firm contracted by the Town to replace gravity sewer lines leading to its WWTP.Contingencies
had been planned for and implemented;no one could foresee the multiple pump failures that occurred within the
bypass operation.
DWR Response:DWR agrees that the planning and oversight required by the Town for the construction event were
adequate and the spill was accidental. However, the occurrence of the SSO, the magnitude of its volume and its
effects(documented fish kill)overwhelm the significance of the remission factor.
❑ (d) Whether the violator had been assessed civil penalties for any previous violations:
Three prior civil penalties have been assessed against the Town for SSOs within the past five years.
❑ (e) Whether payment of the civil penalty will prevent payment for the remaining necessary
remedial actions:
DECISION(Check One)
Request Denied
Full Remission ❑ Retain Enforcement Costs? Yes ❑ No 0
Partial Remission ❑ $ DocuSlgned by:
C1tikat SO 1/23/2024
C464531431644FE...
Michael J.Montebello,Branch Chief Date
Water Quality NPDES Permitting Branch
Division of Water Resources

DocuSign Envelope ID:228755FA-2627-46CB-9A6F-39F5EFFOCD3E
STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT
COMMISSION
COUNTY OF JOHNSTON DWR Case Number DV-2023-0004
IN THE MATTER OF ASSESSMENT )
OF CIVIL PENALTIES AGAINST: ) REQUEST FOR ORAL PRESENTATION
Town of Clayton )
Town of Clayton Collection System )
I hereby request to make an oral presentation before the Environmental Management Commission's Committee On Civil Penalty
Remissions in the matter of the case noted above. In making this request,I assert that I understand all of the following statements:
• This request will be reviewed by the Chairman of the Environmental Management Commission and may be either granted or
denied.
• Making a presentation will require the presence of myself and/or my representative during a Committee meeting held in Raleigh,
North Carolina.
• My presentation will be limited to discussion of issues and information submitted in my original remission request,and because
no factual issues are in dispute,my presentation will be limited to five(5)minutes in length.
The North Carolina State Bar's Authorized Practice of Law Committee has ruled that the appearance in a representative capacity at
quasi-judicial hearings or proceedings is limited to lawyers who are active members of the bar. Proceedings before the Committee on
Remissions are quasi-judicial.You should consider how you intend to present your case to the Committee in light of the State Bar's
opinion and whether anyone will be speaking in a representative capacity for you or a business or governmental entity. If you or your
representative would like to speak before the Committee,you must complete and return this form within thirty(30)days of receipt of
this letter.
Depending on your status as an individual,corporation,partnership or municipality,the State Bar's Opinion affects how you may
proceed with your oral presentation. See www.ncbar.com/ethics,Authorized Practice Advisory Opinion 2006-1 and 2007 Formal
Ethics Opinion 3.
• If you are an individual or business owner and are granted an opportunity to make an oral presentation before the Committee,
then you do not need legal representation before the Committee;however,if you intend on having another individual speak
on your behalf regarding the factual situations,such as an expert,engineer or consultant,then you must also be present at the
meeting in order to avoid violating the State Bar's Opinion on the unauthorized practice of law.
• If you are a corporation,partnership or municipality and are granted an opportunity to make an oral presentation before the
Committee,then your representative must consider the recent State Bar's Opinion and could be considered practicing law
without a license if he or she is not a licensed attorney. Presentation of facts by non-lawyers is permissible.
If you choose to request an oral presentation,please make sure that signatures on the previously submitted Remission Request form
and this Oral Presentation Request form are: 1)for individuals and business owners,your own signature and 2)for corporations,
partnerships and municipalities,signed by individuals who would not violate the State Bar's Opinion on the unauthorized practice of
law.
Also,be advised that the Committee on Civil Penalty Remissions may choose not to proceed with hearing your case if the Committee
is informed that a potential violation of the statute concerning the authorized practice of law has occurred.
This the day of ,20
SIGNATURE
TITLE(President,Owner,etc.)
ADDRESS
TELEPHONE( )
email