WQCS00110_Remission Decision DV-2020-0076_20201212

DocuSign Envelope ID:558910A6-4846-44B1-97BF-2923DB271614
d� T o
ROY COOPER
Governor % _�� r
MICHAEL S.REGAN �`�s�—'7�j
Secretory ! "o
S.DANIEL SMITH NORTH CAROLINA
Director Environmental Quality
December 12,2020
CERTIFIED MAIL#9590 9402 3950 8060 9859 42
RETURN RECEIPT REQUESTED
Byron W.Poelman,Interim City Manager
Town of Clayton
P.O.Box 879
Clayton,NC 27528
SUBJECT: CIVIL PENALTY REMISSION REQUEST
Town of Clayton Collection System
Permit WQCS00110
Case DV-2020-0076
Johnston County
Dear Pennittee:
The Division has considered the information submitted in support of your request for remission in accordance with
G.S. 143-215.6A(f)and has decided to modify the initial civil penalty assessment of$785.01 ($750.00 civil penalty
plus$35.01 enforcement)to the total amount of$410.01.
Should you choose to pay the modified penalty,payment should be tendered to me at the letterhead address within
thirty(30)days of receipt of this letter.Please make checks payable to the NC Department of Environmental Quality.
You also have the option of presenting your request to the Committee on Civil Penalty Remissions,which is comprised
of members of the Environmental Management Commission.The Committee may consider such requests and render
final and binding decisions in these matters.You may argue your request before the Committee,and the Division staff
will argue against any reduction of the assessment.
Should you choose to present your request to the Committee,please notify me at the letterhead address within thirty
(30)days of the receipt of this letter.Your request will be placed on the agenda of an upcoming Committee meeting,
and you will be notified of the date and time.If the Division does not receive a response regarding this notice,Division
staff will automatically place your case on the agenda of a future Committee meeting.
Thank you for your cooperation in this matter. If you have any questions,please contact Celeste. Sugg at
919-707-36258 or('eleste.sugena ncdenr.gov.
Sincerely,
S.Daniel Smith
Director,Division of Water Resources
Attachment: DWR Civil Assessment Remission Factor Sheet(copy)&Request for Oral Presentation Sheet
cc: Enforcement File#:DV-2020-0076
Raleigh Regional Office
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DocuSign Envelope ID:558910A6-4846-44B1-97BF-2923DB271614
DIVISION OF WATER RESOURCES
CIVIL PENALTY REMISSION FACTORS
Case Number: DV-2020-0076 Region: Raleigh County: Johnston
Assessed Entity: Town of Clayton Permit: WQCS00110
❑ (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: Town personnel received a call regarding a sewer odor and found an ongoing
sanitary sewer overflow and responded in an hour. They built an earthen darn and requested a Vactor
truck and Jet trailer. The dirt damn maintained the duration of the SSO which minimized the
environmental damage,and the blockage was cleared within 2 hours.After the SSO had been
contained the line was inspected, cleaned and lime applied.
DWR Response: The Town's response was prompt and prevented additional environmental damage.
® (c) Whether the violation was inadvertent or a result of an accident:
Permittee States: The remission response doesn't address this,except to say the Town has an
extensive maintenance program which has reduced the number of overflows over the past years due
to the diligence of their crews cleaning and inspecting the sewer system. The initial response to the
NOV stated that the town has continually exceeded the State's 10%cleaning requirements as well as
the semi-annual inspection of High Priority Lines. Also meets requirements of distribution of Public
Education materials related to not only FOG control but also debris in line.
DWR Response:According to the Town, they are meeting and/or exceeding their Collection System
permit requirements. However, this did not prevent the accumulation of roots and debris and the
resulting SSO.
❑ (d) Whether the violator had been assessed civil penalties for any previous violations:
❑ (e) Whether payment of the civil penalty will prevent payment for the remaining
necessary remedial actions:
DECISION(Check One)
Request Denied ❑
Full Remission 0 Retain Enforcement Costs? Yes 0 No 0
Original Penalty(without Enforcement Costs) $ 750.00 _(enter amount)
Partial Remission ® % 50 or$i375.00 (amount remitted)
Subtotal $ 375.00
Retaining Enforcement Costs $ 35.01
Total Revised AssesEsment $ 410.01 __
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DocuSign Envelope ID:558910A6-4846-44B1-97BF-2923DB271614
WQCS00110 Remission Decision
STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
COUNTY OF Johnston DWQ Case Number DV-2020-0076
IN THE MATTER OF ASSESSMENT OF )
CIVIL PENALTIES AGAINST: ) REQUEST FOR ORAL PRESENTATION
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
mayeither 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 L.,,. .,,,, t_hi(,,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 co,1,oration.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 violation of the State Bar occurs.
This the day of , 20
SIGNATURE TITLE(President, Owner,etc.)
ADDRESS -TELEPHONE( I