WQCS00110_Remission (Request)_20200911

TOWN OF CLAYTON
Public Works, Water/Sewer, & Electric
653 NC Hwy 42 W., P.O. Box 879
Clayton, NC 27528
Phone: [phone]
Fax: [phone]
Certified Mail
Return Receipt Requested
September 11, 2020
Scott Vinson, Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ
1628 Mail Service Center
Raleigh, NC 27699-1628
SUBJECT: Notice of Violation and Assessment of Civil Penalty
Request for Remission
Town of Clayton
Case No. DV-2020-0076
Dear Mr. Vinson,
This letter requesting remission of Civil Penalty is in response to the Notice of Violation and Assessment of Civil
Penalty Notice in the amount of $785.01, received on Aug. 14, 2020.
In review of the remission request and within the constraints as stated in the subject NOV, the remission request is
not based upon whether or not the violation occurred or the accuracy of the factual statement that a Sanitary Sewer
Overflow is "in violation of the requirements found in Collection System Permit No. WQCS00110 and G.S 143-
215.1(a)(1)." The request is based on the five factors outlined in the subject NOV that will be considered. The
statements below outline the events following the notification of release and should address those factors.
At 2:01 pm on 01/25/2020, the Town's secondary water and sewer on -call personnel, Christian Holder, received a
phone call from the Johnston County 911, our afterhours dispatcher, they were called by the resident at 114 Lake
Dr. complaining about a sewer odor. Christian contacted the Primary on -call personnel, Jimmy Bambule to verify
that he was aware of the call. Jimmy responded to the call and arrived on site at 3:00 pm and spoke with the
resident that called in the complaint. He then found the SSO behind 107 Lake Dr. and immediately, at 3:05 pm,
started trying to contain the SSO with a dirt dam to minimize the amount of flow going into the nearby tributary.
At 3:19 pm he contacted our Utility Maintenance Supervisor, James Blalock, who is a Back -Up ORC and requested
assistance to clear the apparent blockage and clean up the SSO. James immediately called his crew to bring the
Vactor truck to the site. The ORC, Byron Poelman, was notified at 3:27 pm. The Vactor truck was unsuccessful and
the Jet trailer was brought in to get closer to the blockage and was able to unstop the sewer line at 5:04 pm. The
dirt dam was maintained the entire duration of the SSO, which minimized the environmental damage. The
estimated release was approximately 4500 gallons, an 1500 gallons reached surface water of the state most of
Think
CLI�YTO�T
PO Box 879 • Clayton, NC 27528 • 919-553-1530 Fax [phone] • TownofClaytonNC.org

which entered the creek prior to the Town's arrival. All of the contained discharge was returned back into the
sewer system once the SSO was abated. A by-pass pump was brought to the site to ensure that the remaining
creek water that appeared to contain any of the discharge was pumped back into the system as well. The creek
was investigated and only active aquatic life, including fish were observed. The ground around the manhole and the
creek was cleaned up to remove any contamination and pulverized lime was broadcast. The sewer line was
subsequently inspected with a CCTV on 01/27/2020, which revealed a root ball approx. 92 LF from manhole # 2138,
the line has been treated with a chemical root control and has been inspected weekly to minimize the possibility of
another SSO until the chemicals have had a chance to kill the roots at which time the line will be cleaned, inspected,
and necessary repairs recommended. Although a previous SSO was reported at this location it was caused by grease
which was abated by cleaning and public education as well as visual inspections none of which revealed any
surcharge in the system.
The entire event used approximately 28.75 man-hours of labor to include vehicles, the cost of pulverized lime, and
the fuel to run the by-pass pump was minimal, plus the administrative time to collect the data, report the incident,
and respond to the NOV/NOI as well as this response. Labor, equipment, and materials are shown on the attached
work order # 33849 at an approximate cost to the Town of $2,100.00.
In addition to these facts the Estimated Flow of the SSO as reported on the initial DWR overflow report, in the
amount of 4,500 was reported as worst case scenario calculated on the estimated visual of the flow coming out of
the manhole at 25 gpm, for a total of 3 hours. The amount of the flow that was reported as entering the tributary
was an estimation of time and flow to ensure that we did not underestimate the environmental effects.
Based on the facts, the attached pictures, and associated information submitted, the Town is respectfully requesting
remission of any Civil Penalties associated with this NOV and Assessment of Civil Penalty for the subject case.
Although the amount of the civil penalty is not necessarily a hard ship on the Town, this amount could be applied
to the already under funded infrastructure improvements needed. Not to mention the Assessment of a Civil penalty
is not something we take lightly as a blemish on the Town excellent record because of our extensive preventive
maintenance program which has reduced the number of overflows over the past years. This is a credit to the
diligence of our crews in the cleaning and inspecting our sewer system.
Sinc e ,
Bfron W. Poelman
Distribution and Collection System Manager
Town of Clayton
ATTACHMENTS
Cc: JD Solomon, Interim Town Manager
Nancy Medlin, Deputy Town Manager
Rich Cappola, Deputy Town Manager
Jason Robinson, P.E. NCDENR
PERCS Branch, NC DWR

STATE OF NORTH CAROLINA
COUNTY OF JOHNSTON
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST
Town of Clayton
Clayton Collection System
PERMIT NO. WQCS00110
DEPARTMENT OF ENVIRONMENTAL QUALITY
WAIVER OF RIGHT TO AN
ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
}
CASE NO. DV-2020-0076
Having been assessed civil penalties totaling $785.01 for violation(s) as set forth in the assessment document of the Division
of Water Resources dated August 10, 2020, 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 civil
penalty must be submitted to the Director of the Diision of Water Resources within thirty (30) days of receipt of the notice
of assessment. No new evidence in support of arc mission request will be allowed after (30) days from the receipt of the
notice of assessment.
This the day of 'j lrtYt' x 20C-i
ADDRESS
TELEPHONE
919 aS<a

Case Number: DV-2020-0076
Assessed Party: Town of Clayto
Permit No.: WQCS00110
y: Johnston
785.01
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 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. 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 elcplanation, 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. 143B-282.1(b) were wrongfully applied to the
detriment of the petitioner (the assessmentfactors are listed in the civil penally assessment document);
V(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
haw payment of the civil penalty will prevent you from performing the activities necessary to achieve
compliance).
EXPLANATION:
'� :.kT-Wt_i f- b �_�C' _s` —i t

Division of Water Resources
PART I:
State of North Carolina
Department of Environment and Natural Resources
Division of Water Resources
Collection System Sanitary Sewer Overflow Reporting Form
Form CS-SSn
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: WQCS00110
(WQCS# if active, otherwise use WQCSD#)
Facility: Clayton Collection System Incident #: 202000157
Owner: Town of Clayton
City: Clayton County: Johnston Region: Raleigh
Source of SSO (check applicable): Q 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): 107 Lake Drive
Manhole #: 1714
Latitude (Decimal Degrees): 35.6625
Incident Started Dt: 01/25/2020
tmm-as-yyyy)
Longitude (Decimal Degrees):-78.45653
Time: 2:06 pm Incident End Dt: 01/25/2020 Time: 05:04 pm
(hh:mm AM/PM) (mm-dd-yyyy) (hh:mm AM/PM)
Estimated Volume of the SSO: 4,500 gallons Estimated Duration (Round to nearest hour): 2:58 hours
Describe how the volume was determined: visual observation X duration
Weather conditions during the SSO event: Sunny Cold
Did SSO reach surface waters? 0 Yes ❑ No ❑ Unknown Volume reaching surface waters (gals): 2500
Surface water name: NEUSE RIVER
Did the SSO result in a fish kill?
❑ Yes Q No ❑ Unknown If Yes, what is the estimated number of fish killed?
SPECIFIC cause(s) of the SSO:
0 Grease 0 Debris in line
24 hour verbal notification (name of person contacted ): George Umknown
❑ DWR [1 Emergency Mgmt Date (mm�dd-yyy): 01/26/2020 Time (hh:mm AM/PM): 07:06:00 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 COMPLETE: A SIGNATURE IS REQUIRED AT THE END OF THIS FORM
CS-SSO Form Page: 1

Comments:
Debris in line
What type of debris has been found in the line?
Rags and Rock
Suspected cause or source of debris.
Are manholes in the area secure and intact?
When was the area last checked/cleaned?
02/21 /2019. 12/09/2019
Have cleaning and inspections ever been increased at this
problems with debris?
due to previous
Explain:
High Priority lines inspected at least three times per year
Are appropriate educational materials being developed and distributed to prevent future
similar occurrences?
Comments
FOG information
System Visitation
O RC
Backup
[I Yes D No ❑ NA n NE
Yes WINO ❑ NA ❑ NE
0 Yes ❑ No 0 NA D NE
Yes
0 Yes
Name:
James E. Blalock
Cert#
1002021
Date visited:
01/25/2020
Time visited:
03:50 PM
How was the SSO remediated (i.e. Stopped and cleaned up)?
SSO was contained and returned to the system line was cleaned and inspected with sewer camera limed affected area
walked creek and pumped back into system for 2 hours and 35 minutes to ensure no further impact to the environment
CS-SSO Form
Page: 3

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