WQ0042608_NOV-2021-PC-0020_20210805

Certified Mail # 7017 2680 0000 2237 2935
Return Receipt Requested

August 5, 2021
Rich Cappola, Interim Town Manager
Town of Clayton
PO Box 879
Clayton, NC 27528

SUBJECT: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY
Tracking Number: NOV-2021-CV-0020
Construction of Sewer Extension Without a Permit
Sewer Extension Permit No. WQ0042608 – Buckhorn Branch Park sewer extension
Town of Clayton

Dear Permittee:

On June 4, 2021, staff in the Division of Water Resources (DWR) Raleigh Regional Office (RRO) received an email from an
engineer explaining that the referenced sewer extension had been constructed prior to a permit being applied for and
issued. The engineer was advised that an application needed to be submitted, which was received on June 8, 2021. A
permit has since been issued (WQ0042608) on July 27, 2021.

As the applicant/permittee, you are ultimately responsible for obtaining a permit prior to construction, and prior to
entering into a contract for the construction and installation of a sewer line. You are hereby advised that you are in
violation of North Carolina General Statutes 143-215.1(a)(2) and 143-215.1(a)(8) as follows:

§ 143-215.1. Control of sources of water pollution; permits required

(a) Activities for Which Permits Required. - Except as provided in subsection (a6) of this section, no person shall do any of
the following things or carry out any of the following activities unless that person has received a permit from the
Commission and has complied with all conditions set forth in the permit:

(2) Construct or operate any sewer system, treatment works, or disposal system within the State.

(8) Enter into a contract for the construction and installation of any outlet, sewer system, treatment works,
pretreatment facility or disposal system or for the alteration or extension of any such facility.

The enforcement options available to the Division for violations of the previously referenced statutes are found at NCGS
143-215.6 A, B and C and include civil penalties, and /or injunctive relief. The civil penalties for the violations may be as
high as $25,000 per day, per violation.




 
 

This office is considering a recommendation in favor of an enforcement action to include the potential assessment of a
civil penalty. Prior to making any such decision, it is vital that we have all the relevant information. If you wish to
provide additional information regarding the noted violation and/or an explanation as to why the Division should not
assess a civil penalty in this matter, please respond in writing within twenty (20) business days after receipt of this Notice.
Any additional information will be reviewed, and if an enforcement action is still deemed appropriate, this information,
along with other relevant information will be considered in this matter. If you have any questions, please contact Jason
Robinson at [e-mail].

Sincerely,

Scott Vinson, Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ

Cc: DWR Laserfiche
Josh Baird, Town Engineer: [e-mail]