NC0025453_PC-2021-0027_20210726

4
ROY COOPER
Governor
JOHN NICFIOLSON
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S. DANIEL SMITH
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NORTH CAROLINA
Environmental Quality
CERTIFIED MAIL 7020 3160 0000 2219 2511
RETURN RECEIPT REQUESTED
June 15, 2021
Richard D Cappola Jr., Interim Town Manager
Town of Clayton
PO Box 879
Clayton, NC 27528-0879
SUBJECT: ASSESSMENT of CIVIL PENALTIES
for Violations of North Carolina General Statute (G.S) 143-215.1(a)(1)
and NPDES Permit NC0025453
Little Creek WRF
Case Number: PC-2021-0027
Johnston County
Dear Mr. Cappola:
This letter transmits a notice of a civil penalty assessed against the Town of Clayton in the amount of
$2,536.57 ($2,500 civil penalty + $36.57 in enforcement costs).
This assessment is based upon the following facts: A review of the 5-day Bypass Report and additional
information has shown the subject facility to be in violation of the requirements found in NPDES Permit
NC0025453 and G.S. 143-215.1(a)(1).
The State's enforcement costs in this matter may be assessed against the Town of Clayton pursuant to
NCGS. 143-215.3(a)(9) and NCGS 143B-282.1(b)(8).
Based upon the above facts, I conclude as a matter of law that the Town of Clayton violated the terms,
conditions or requirements of NPDES Permit NC0025453 and G.S. 143-215.1(a)(1) in the manner and
extent shown above. In accordance with the maximums established by G.S. 143-215.6A(a)(2), a civil
penalty may be assessed against any person who violates the teens, conditions or requirements of a
permit required by G.S. 143-215.1(a).
Based upon the above findings of fact and conclusions of law, and in accordance with authority provided
by the Secretary of the Department of Environmental Quality and the Director of the Division of Water
Resources, I hereby make the following civil penalty assessment against the Town of Clayton:
$ 2,500 _ For 1 of 1 violation of NC G.S. 143-215.1(a)(1) and NPDES Permit NC0025453
for an unauthorized bypass.
$ 36.57 Enforcement Costs
$ 2,536.57 TOTAL AMOUNT DUE
Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into account the
Findings of Fact and Conclusions of Law and the factors set forth at G.S. 143B-282.1(b), which are:
DEOY
\',.r th Carolina Department of Environmental Quaiit•j ': Division of'A' ter Resourc
Raleigh R.ecional Office 380O Barrett Drive € Raleigh. North Carolina 276OQ
q;q.79i.1ZO0

(1) The degree and extent of harm to the natural resources of the State, to the public health, or to
private property resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs over which the
Environmental Management Commission has regulatory authority; and
(8) The cost to the State of the enforcement procedures.
Within thirty days of receipt of this notice, you must do one of the following:
1. Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environmental Quality (do not include
waiver form). Payment of the penalty will not foreclose further enforcement action for any continuing or
new violation(s). Please submit payment to the attention of:
Wren Thedford
NC DEQIDWR11Vater Quality Permitting Section
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
OR
2. Submit a written request for remission or mitigation including a detailed justification for such
request:
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. Because a remission request
forecloses the option of an administrative hearing, such a request must be accompanied by a waiver of
your right to an administrative hearing and a stipulation and agreement that no factual or legal issues are
in dispute. Please prepare a detailed statement that establishes why you believe the civil penalty should
be remitted, and submit it to the Division of Water Resources at the address listed below. In determining
whether a remission request will be approved, the following factors shall be considered:
(1) whether one or more of the civil penalty assessment factors in NCGS 143B-282.1(b) was
wrongfully applied to the detriment of the petitioner;
(2) whether the violator promptly abated continuing environmental damage resulting from the
violation;
(3) whether the violation was inadvertent or a result of an accident;
(4) whether the violator had been assessed civil penalties for any previous violations; or
(5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial
actions.
Please note that all evidence presented in support of your request for remission must be submitted in
writing. The Director of the Division of the Division of Water Resources will review your evidence and
inform you of his decision in the matter of your remission request. The response will provide details
regarding the case status, directions for payment, and provision for further appeal of the penalty to the
Environmental Management Commission's Committee on Civil Penalty Remissions (Committee). Please
be advised that the Committee cannot consider information that was not part of the original remission
request considered by the Director. Therefore, it is very important that you prepare a complete and
thorough statement in support of your request for remission.
awci:+; 5� iF�n:i: �i-n:�•n;�a�� ��
North Carolina Department or Environmental Quality iUivisici7 of Water Resources
Raleigh Regional Othce 3800 Lanett Drive € Raleigh. North Carolina 27609
U gJ4i.A 00

In order to request remission, you must complete and submit the enclosed "Request for Remission of
Civil Penalties, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form within
thirty (30) days of receipt of this notice. The Division of Water Resources also requests that you
complete and submit the enclosed "Justification for Remission Request." Both forms should be submitted
to the following address:
Wren Thedford
NC DEQIDWR/Water Quality Permitting Section
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
OR
3. File a petition for an administrative hearing with the Office of Administrative Hearings:
If you wish to contest any statement in the attached assessment document, you must file a petition for an
administrative hearing. You may obtain the petition form from the Office of Administrative Hearings.
You must file the petition with the Office of Administrative Hearings within thirty (30) days of receipt of
this notice. A petition is considered filed when it is received in the Office of Administrative Hearings
during normal office hours. The Office of Administrative Hearings accepts filings Monday through
Friday between the hours of 8:00 a.m. and 5:00 p.m., except for official state holidays. The original and
one (1) copy of the petition must be filed with the Office of Administrative Hearings. The petition may
be faxed provided the original and one copy of the document is received in the Office of Administrative
Hearings within five (5) business days following the faxed transmission. The mailing address for the
Office of Administrative Hearings is:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, North Carolina 27699-6714
Telephone [phone] Facsimile: [phone]
AND
Mail or hand -deliver a copy of the petition to:
General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, North Carolina 27699-1601
Please indicate the case number (as found on page one of this letter) on the petition.
Failure to exercise one of the options above within thirty (30) days of receipt of this letter, as evidenced
by an internal date/time received stamp (not a postmark), will result in this matter being referred to the
Attorney General's Office for collection of the penalty through a civil action. Please be advised that
additional penalties may be assessed for violations that occur after the review period of this assessment.
Nori'h Car,aiina )e ;at:ment of En ironmental Quality l Division of Water. Resources
Raleigh wergii nai Office 3..00 Barrett Drive Raleigh, Noi'tit Carolina 2 609
y,-). 7 41.1.2.00

If you have any questions about this letter, please contact Mitch Hayes of the Raleigh Regional Office at
919.791.4261.
Sincerely,
S. Daniel Smith
Director, Division of Water Resources
cc: NPDES Enforcement File: PC-2021-0026 — Laserfiche
Raleigh Regional Office• Laserfiche
North Carolina Department of Environmental Quality I Divkion orV,Iater Resources
Raleigh Regional Of lice 3800 r a,Tett Drive l Raleiah. North Carolina 27609
()lg.7004200

STATE OF NORTH CAROLINA
COUNTY OF JOHNSTON
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST
TOWN OF CLAYTON
LITTLE CREEK WRF
PERMIT NO. NC0025453
DEPARTMENT OF ENVIRONMENTAL
QUALITY
)
)
) WAIVER OF RIGHT TO AN
) ADMINSTRATIVE HEARING AND
) STIPULATION OF FACTS
)
)
) FILE NO. PC-2021-0027
Having been assessed civil penalties totaling $2,536.57 for violation(s) as set forth in
the assessment document of the Division of Water Resources dated May 25, 2021, 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 Division of
Water Resources within thirty (30) days of receipt of the notice of assessment. No new evidence
in support of a remission request will be allowed after (30) days from the receipt of the notice
of assessment.
This the day of . 2020.
PRINTED NAME
SIGNATURE
ADDRESS
TELEPHONE
Ca ei:n•;0e;•trrrrneri or Environmental Quality Division orWaver Resources
RDleigh 2egiora1 l)'ficc 3S00 Garrett Drive I Raleigh. Norm Carolina 27609
R gi.;ul 1200

JUSTIFICATION FOR REMISSION REQUEST
DWR Case Number: PC-2021-0027 County: Johnston
Assessed Entity: Town of Clayton
Permit No.:
NC0025453 Amount Assessed: $2,536.57
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 explanation, including copies of
supporting documents, as to why the factor applies (attach additional pages as needed).
El (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 assessment factors are listed in the civil penalty assessment
document);
❑ (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 fixture 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 foi);
❑ (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 how payment of the civil penalty will prevent you from performing the activities necessa y to
achieve compliance).
EXPLANATION:
GDE
North Carolina Department of Environmental Quality i Division of Water Resources
Raleigh Regional Office 1 3600 Garrett Drive i Ralr gii. North Carolina 27609
4ict.741.4200

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1. Air r AJJ ..
RICHARD D CAPPOIA, INTERIM TOWN MGR.
SOWN OF CLAYTON
PO BOX 879/CLAYTON, NC 27528-08795
ASSESSMENT OF CIVIL PENALTIES/PC-2021-0027/PER
4t NC0025453/LITTLE CREEK WRF/JOHNSTON CO.
REC: 7020-3160-0000-2219-2511 M 6/22/zozi
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WATER QUALITY REGIONAL OPERATIONS
�SIECCCTION
}nVironmediaiD Q- RALEIGH REGIONAL OFFICE
380ptT DRIVE
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22021
Raleigh regional office
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