WQCS00110_DV-2022-0085 Case File_20220812

2) The duration and gravity of the violation;
DIVISION OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT
Violator: Town of Clayton
Facility Name: Clayton Collection System
Permit Number: WQCS00110
County: Johnston
Case Number: DV-2022-0085
ASSESSMENT FACTORS
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;
129,300 gallons of SSO flowed from a manhole to Little Creek, class C-NSW in the Neuse River Basin, due to bypass
pumping failure and severe natural conditions. 44,800 gallons flowed to Little Creek. Increased pathogens and nutrients to
surface waters. —'(;1 Sill 1 0.6 /29, � ,i. , r•t,"wrcv $. -' - i �,,,T. 'l 1I1 J11$4 - r`eL.414¢1
La i,
The SSO started on 03.17.2022 at 7:30 am and ended the same day at 11:30 am.
3) The effect on ground or surface water quantity or quality or on air quality;
The effect on surface water quality include increased pathogens and nutrients) w ttft GlAvw S
4) The cost of rectifying the damage;
The costs of rectifying the damage is not given.
5) The amount of money saved by noncompliance;
It is believed that no money was saved by the noncompliance.
6) Whether the violation was committed willfully or intentionally;
It does not appear that 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;
There has been one enforcement case since July 2000.
8) The cost to the State of the enforcement procedures.
$36.57
�l�-_zoeZ
Date
Scott Vinson, Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
Certified Mail # 7020 3160 0000 4109 6340
Return Receipt Requested
Rich Cappola, Interim Town Manager
Town of Clayton
PO Box 879
Clayton, NC 27528-0879
NORTH CAROLINA
Environmental Quality
August 12, 2022
SUBJECT: Notice of Violation and Assessment of Civil Penalty
for Violations of North Carolina General Statute (G.S.) 143-215.1(a)(1)
and Collection System Permit No. WQCS00110
Town of Clayton
Clayton Collection System
Case No. DV-2022-0085
Johnston County
Dear Mr. Cappola:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $1,286.57 ($1,250.00 civil penalty
+ $36.57 enforcement costs) against Town of Clayton.
This assessment is based upon the following facts: a review has been conducted of the Sanitary Sewer Overflow (SSO)
5-Day Report submitted by Town of Clayton. This review has shown the subject facility to be in violation of the
requirements found in Collection System Permit No. WQCS00110 and G.S. 143-215.1(a)(1). The violation(s) that occurred
are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that Town of Clayton violated the terms, conditions or
requirements of Collection System Permit No. WQCS00110 and G.S. 143-215.1(a)(1) in the manner and extent shown in
Attachment A. 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 terms, conditions or requirements of a permit required by G.S. 143-215.1(a).
North Carolina Deportment of Environmental Quality ! DNlslon of Water Resources
Weigh Regional Office I 3800 Barrett Drive Raleigh. North Carolina 27609
919.7914200

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, Scott
Vinson, Regional Supervisor, Raleigh Regional Office hereby make the following civil penalty assessment against Town
of Clayton:
$1,250.00 For 1 of the 2 violations of Collection System Permit No. WQCS00110 and G.S. 143-215.1(a)(1) for
Sanitary Sewer Overflow(s) resulting in a discharge without a valid permit.
$1,250.00 TOTAL CIVIL PENALTY
$36.57 Enforcement Costs
$1,286.57 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:
(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 (30) days of receipt of this notice, you must do one of the following:
(1) Submit payment of the penalty, OR
(2) Submit a written request for remission, OR
(3) Submit a written request for an administrative hearing
Option 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:
Attn: PERCS Branch
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617

Option 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 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.
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:
Attn: PERCS Branch
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
AND
Scott Vinson, Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ
1628 Mail Service Center, Raleigh
Raleigh, NC 27699-1628

Option 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 petition may be filed by facsimile (fax) or electronic mail by an attached file (with restrictions) - provided
the signed original, one (1) copy and a filing fee (if a filing fee is required by NCGS §150B-23.2) is received in the
Office of Administrative Hearings within seven (7) business days following the faxed or electronic transmission. You
should contact the Office of Administrative Hearings with all questions regarding the filing fee and/or the details of the
filing process.
The mailing address and telephone and fax numbers for the Office of Administrative Hearings are as follows:
6714 Mail Service Center
Raleigh, NC 27699 6714
Tel: [phone]
Fax: [phone]
One (1) copy of the petition must also be served on DEQ as follows:
Mr. William F. Lane, 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.
If you have any questions, please contact Mitchell Hayes with the Division of Water Resources staff of the Raleigh
Regional Office at [phone] or via email at [e-mail].
Sincerely,
Scott Vinson, Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ
ATTACHMENTS
Cc: WQS Raleigh Regional Office - Enforcement File
Laserfiche

JUSTIFICATION FOR REMISSION REQUEST
Case Number: DV-2022-0085
Assessed Party: Town of Clayton
Permit No.: WQCS00110
County: Johnston
Amount Assessed: $1.286.57
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).
(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 (Le., 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 (Le., 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 (Le., explain
how payment of the civil penalty will prevent you from performing the activities necessary to achieve
compliance).
EXPLANATION:

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
COUNTY OF JOHNSTON
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST
Town of Clayton
Clayton Collection System
PERMIT NO. WQCS00110
WAIVER OF RIGHT TO AN
ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
CASE NO. DV-2022-0085
Having been assessed civil penalties totaling $1,286.57 for violation(s) as set forth in the assessment document of the
Division of Water Resources dated August 12, 2022, 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 , 20
ADDRESS
SIGNATURE
TELEPHONE

ATTACHMENT A
Town of Clayton
CASE NUMBER: DV-2022-0085
PERMIT NO: WQCS00110
FACILITY: Clayton Collection System
Other Violations
INCIDENT VIOLATION
NUMBER DATE VIOLATION TYPE
VIOLATION DESCRIPTION
REGION: Raleigh
COUNTY: Johnston
TOTAL VOLUME PENALTY
(GALLONS) AMOUNT
202200410 3/17/2022 CSO/SSO(Sewer Overflow) Discharge without valid permit
44,800 $1,250.00
202200476 3/24/2022 CSO/SSO(Sewer Overflow) Discharge without valid permit 18,000 $0.00

INTERIM TOWN MANAGER
Richard D. Cappola, Jr.
TOWN ATTORNEY
Cauley Pridgen, P.A.
MAYOR MAYOR PRO TEM
Jody L. McLeod Jason Thompson
COUNCIL MEMBERS
Andria Archer
Porter Casey
Avery Everett
Michael Sims
t
Mr. Scott Vinson, Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
1628 Mail Service Center
Raleigh, NC 27699-1628
SUBJECT: Notice of Violation NOV-2022-DV-0102
Town of Clayton Collection System Permit Number WQCS00110
Dear Mr. Vinson:
The following information is provided in response to your letter of April 18, 2022, that was received May 2, 2022,
related to the Town of Clayton's actions to correct, and prevent future SSO occurrences:
Incident Number 202200410
This SSO was caused by a contractor working on replacing and upsizing gravity sewer lines coming into the
Little Creek WRF site as part of the Little Creek Outfall project within the Town's Capital Improvement Plan. The
projects bid advertisement required a contractor with a General Contractors license with one of the following
classifications: Unclassified, Public Utilities Contractor, Public Utilities (Water Purification and Sewage Disposal)
and/or Public Utilities (Water Lines and Sewer Lines). The contractor's scope included the actual pipe installation as
well as the contractual obligation to bypass the existing flow. Contract documents specifically stated, "Contractor is
responsible for all bypass pumping required to construct the project as shown." (Summary of Work - I.03 - C)
Contract documents further required contractor to "Provide 24/7 monitoring of the operational pumps." (Unit Prices
- 1.20). Additionally, documents included provisions to which the contractor was to abide by in the event of a spill
including, but not limited to, taking immediate action to contain the spill and notifying the owner (Supplemental
Conditions). A pre -construction meeting was held on May 13, 2021, and the bypass plan requirements were discussed.
Furthermore, staff reiterated the contractor's obligations to carry out bypass operations without spills. Additionally,
the Town hired a third -party consultant to assist with the contract administration and to help the Town monitor the
contractor's sequencing and methods.
The contractor was bypassing a main line in a manhole that was downstream but located on a hill. Their
bypass pumping system clogged up and stopped flowing which caused the SSO. The spill was found by town
employees at 7:30 am and the contractor was immediately notified to bring a machine to build a berm to contain the
spill until the pumps could be brought back to operation. Once the berm was built, the Town brought their own
portable bypass pump to help control the spill as well as three septic haulers were contacted to pump and haul to give
the contractor the time needed to replace both bypass pumps. Once the new pumps were installed, the spill stopped
completely, and the site was abated, and lime was spread. The decision was made to leave the been for the duration
of the project to protect the environment from any future mishaps.
In response to the spill, the Town of Clayton sent a letter to the contractor on March 24, 2022, documenting
the incident, reiterating their contractual obligations, and putting the contractor on notice that failure to comply with
contract documents could lead to termination of contract (letter attached). Furthermore, the Town increased
engineering and water resources staff presence on site and requested the contract administration consultant increase
visits and documentation. In response to the spill, the contractor re -reviewed calculations and increased the bypass
pump discharge pipe size. Additionally, the contractor implemented additional measures to verify the intakes remained
clear of trash and debris. The contractor has summarized their improvements in the attached letter dated March 25th,
2022.
incident Number 202200476
e
PO Box 879 • Clayton, NC 27528.919-553-5002
Think
Fax [phone] • ClaytonNC.org • Page 1 of 2

The contractor working on the previously described project (Little Creek Outfall Project) and under the same
contractual obligations was replacing a section of pipe while under bypass conditions. This SSO was caused by a
combination of storm water inflow and infiltration during a severe rain event of 1.82" of rain in a 3-hour period and
bypass pumping for the CIP project at the Little Creek WRF site was determined to be not properly sized for peak
flows. The SSO was completely contained in the area surrounding the manhole since the berm from the previous spill
was left in place for the work being done because of the difference in rim elevations between the downstream manhole
where the bypassing is taking place and the upstream manhole where the spill occurred. The spill was stopped when
the contractor was notified to pull the plug and cease bypassing that line, as all they were waiting on was the engineer's
certification of the newly installed line. The contents of the spill were returned to the collections system by pumps
and the area was limed and returned to normal with no further damage to the environment. In response to the spill, the
Town of Clayton required the contractor to re-evaluate and modify their bypass plan again in an effort to bring
contractor into compliance with contract.
Town staff are committed to improving its collection system by replacing ageing infrastructure, but also
understands there are risks associated with working on live sewer. Staff have attempted to mitigate those risk to the
maximum extent possible. The Town required specific licensure of its contractors, incorporated specific contract
requirements and hired a third -party consultant in hopes to minimize the risk of a contractor causing a spill.
Unfortunately, in both situations despite the Town's best efforts, overflows were caused by a contractor's sub -par
performance. The Town has continued to monitor and evaluate the contractor's performance to prevent future spills.
The Town is prepared to take further action including contract termination. The Town understands it is ultimately
responsible for its collection system and the contractors that work on it. Staff is committed to continually re-evaluating
its projects, contract documents, procedures, and resources to further minimize the chance of additional overflows.
Please contact me if any additional information is required at this time. Thank you for the attention provided to our
response.
Water Resources Maintenance Superintendent
Enclosures
Cc: Rich Cappola, PE, Interim Town Manager
Collection System File
TO
hink ..�
PO Box 879 • Clayton, NC 27528.919-553-5002 MITI LaEMMA Fax [phone] • ClaytonNC.org • Page 2 of 2

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
meow
Certified Mali # 70Z0 3160 0000 4109 5589
aldalELLEIEStfiltileallinted
Rich Cappola, Interim Town Manager
Town of Clayton
PO Box 879
Clayton, NC 27528-0879
NORTH CAROLINA
ER9ir.nm eteal Qualify
April 18, 2022
SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY
Tracking No.: NOV-2022-DV-0102
Sanitary Sewer Overflows - March 2022
Collection System Permit No. WQCS00110
Clayton Collection System
Johnston County
Dear Mr. Cappola:
A review has been conducted of the self -reported Sanitary Sewer Overflows (SSO's) 5-Day Report/5 submitted by
Town of Clayton. The Division's Raleigh Regional Office condudes that the Town of Clayton violated Permit
Condition I (2) of Permit No. WQCS00110 by failing to effectively manage, maintain, and operate their collection
system so that there Is no SSO (Sanitary Sewer Overflow) to the land or surface waters and the SSO constituted
making an outlet to waters of the State for purposes of G.S. 143-215.1(a)(1), for which a permit Is required by
G.S. 143-215.1.
The Raleigh Regional Office is providing the Town of Clayton an opportunity to provide evidence and justification
as to why the Town of Clayton should not be assessed a civil penalty for the violation(s) that are summarized
below:
Inddent Start Duration
Number Date (Mins) Location
Cause
Total Vol
Total Surface
Vol Water
(Gals) (Gals) DWR Action
202200410 3/17/2022 240 1000 Durham Street Severe Natural 44,800 44,800 Notice of Violation -
Condition Notice of Intent
202200476 3/24/2022 30 1000 Durham Street Other, Severe Natural 18,000 0 Notice of Violation
Condition
Natll Caroling Department drivolranuerail Ober I Onu1on e! WNer Removes
Weigh Re0xtilOffice I MOSawn Drew I we pfNarthCas4anro.
919.7914200

This Notice of Violation / Notice of Intent to Enforce (NOV/NOI) is being issued for the noted violation. Pursuant
to G.S. 143-215.6A, a civil penalty of not more than twenty-five thousand dollars ($25,000.00) may be assessed
against any person who violates or fails to act in accordance with the terms, conditions, or requirements of any
permit issued pursuant to G.S. 143-215.1.
This office requests that you respond to this Notice, in writing, within 10 business days of its
receipt. In your response, you should address the causes of non-compliance, remedial actions, and all other
actions taken to prevent the recurrence of similar situations. The response to this correspondence will be
considered in this process. Enforcement decisions will also be based on volume spilled, volume reaching surface
waters, duration and gravity, impacts to public health, fish kills or recreational area closures. Other factors
considered in determining the amount of the civil penalty are the violator's history of non-compliance, the cost of
rectifying the damage, whether the spill was intentional and whether money was saved by non-compliance.
If you have any questions, please do not hesitate to contact Mitchell Hayes with the Water Quality Section in
the Raleigh Regional Office at 919-791-4200 or via email at [e-mail].
Cc: Raleigh Regional Office - WQS File
Laserfiche
Sincerely,
Scott Vinson, Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ
North Carea. Deperh..ne arfwerar.rrenrel4iy I DWWon al Water freamw.
Rahn tfeglenalOMer 13600 Barrett Mite I Raleigh North Camino 27609
ae0.7VW200

DWI.
Division of Water Resources
State of North Carolina
Departpmem of Environmental Quality
Division of Water Resources
Collection System Sanitary Sewer Ovei law Reporting Form
FO1M CSSSO
PART!:
This term shall be submitted to the appropriate C WR Regional Office within five business days of the Oat knowledge of the
sanitary sewer overflow (SSO).
Permit Number. t+ J f i i (WQCS# tf active, otherwise use WOCSD#)
Facility: TE ala of ('A 7b.J incident# .202a.0o ¥/D per j N/,r! c1� �Y7
Region: ,QR _ City: CLiiMA, County: J o/h/J?oJ
Source of SSO (check applicable): Sanitary Sewer ❑ Pump Station / Lift Station
SPECIFIC location of the SSD (be consistent in description horn past reports or documentsgion - i.e. Pump
Station 6. Manhole at Westall & Bragg Street, etc.): AVOW R r ottsecie ceireviv,
Manhole#: J Btu .4 y
Latitude (degrees/minute/second): 3S.1 1313 Los:grade ( k - 78, $14 • 00
incident Started IX 0J47 Time: OM aiwri incident End Dt: 3-/7-22 -ram: /JJO 4.
(mm•dd-yyyy) (hh:m m) WPM (errs -dd-yy y) (hh mm) MUM
Estimated whine of the SSO: /a 9, 3 DP gallons Estimated Duration (round to nearest hover _ __horrr(s)
Describe how the voiumre wes detevnioed: Ftpr % •�•1l/u-tJ T+p r „) 41 /# Bare- Akv.04652 A4i
infe—
Weather conclloons dtairg the SSO evert Reim b Cato
Dld the SSD reach surface waters? ' Yes 0 No 0 Unknown
Vdume real:Mrs] surface waters: Surface water name: I/mil - 404'07;24
Did the SSO result in a fish try ❑ Yes ❑ No J Unknown
If Yes. what is the estimated number of fish lolled?
SPECIFIC cause(s) of the 88Q:
2Sevwere Natural Cond&rms ❑ Grease ❑Roots ❑Infbw& Infiltrallon
❑A+m, Malian n Egtipment Fevre ❑ Power Outage ❑Veuhdaism ❑ Debris in the ❑PIpe False (Break)
Other (Please explain in Part II)
24-!hour verbal unlikeliest (name of poison contacted): /'/
❑DWR WErnergency Management Date ( +-riy):O3-/%1 Z Time: Moen AWPM) O 44#
Per G.S.143-215.1C(b), the owner or operator of any wastewater collection system shall:
In the event of a discharge of 1,000 gallons or more of urdreated wastewater to the surface waters of the State. issue
a press release to all print and electurnic news media that provide general coverage in the cs,dy where the
dcharge occurred selling out the details of the discharge. The press release shall be issued within 24 hours alter
the owner or operator has determined that the discharge has reached surface waters of the State.
In the event of a discharge of 15,00D gallons or more of untreated wastewater to the surface waters of the State,
publish
ublic mass and ea
ch notice of the discharge �►
in a newspaper having general circulation in the
county n from the point of discharge that is O°°� in wNhidh the
Regional Office shall determine which counties are significantly affected the err e The
and content of the notice and thethe ,ge and
nd shall approve the lam
newspapers in which the notice is published.
PAGE IA
Form CS-SSO
Page I

Sure Naimoli Condilions antajcane. tomado. etc.1
Describe the "severe natural condition' in detail:
a ee ,11 op_ et ,t 4s r r 010d/ ,AA/ ere
How much advance warning did you have and what actions were taken in preparation for the event? /t.F
Comments: _ +��r tJ� '4 ��r✓,� 1 i• l *o1'
k yii / ,747Awe— s7 /A S
Poem CS-SSD
Page 3

Other (Pictures and Police report. as applicable. must be available upon reauest.1
Describe:
Were adequate equipment and resources available to fix the problem? i Yes 0 No DNA
❑ NE
If Yes, explain: rJ./We/04 ►H � r6e ?e +cv Low 4o 7i) . e
Rimi ? zorkri, 4 Weeeirtiee. Wt cam 1N y*yt *4WJ Wwd, /% ,Q•+ , . MJ.
If the problem could not be immediately repaired, what actions Yes ❑ No ONA ❑ NE
were taken to lessen the impact of the SSO?
Comments:
r 441'E' 9 •f 1 AGC
f , /! l 7Ai‘ YettsitmAue, � ideL :> #
hfv% 7PAfeMeig4 ipmc< itto6c ZAPAlle,+D►,f< /06 ,lv4Vte57
p✓Acydroo..j••&. ,-42xe ir, . f Mffai Aleb ivep 8Y eik.tateAC114..., 416E
&ca 4 ,elikx ievra *IA, .t7 ' Ake Me44-4' #7 66*of
40 (owe l 44'4140,#0Arof -;IL Zc. 7we Litaitt462
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/IWO A Ili m 4.// 440 I#L..

System Visitation
Name:
Certification Number
Date visited:
Time visited:
ORC
pup
---*Cf
How was the SSO remediated (OJe. Stopped and gleaned up)?
/um wittiw7 ovicivzok.444, 44 o Jail' MeAo Rie
i� . /WV kl Atr. c' Row W14E Pf4e70 Al? )Z060 0.0; eCAtag- igoisfo
JYes
❑ Yes
❑ No
❑ No
- L46i=:.-.11_?�;►.- ;•! it.: ''FI
Person submitting claim:
S gnature:
Telephone Number P,'f.3d'33Z
Any additional information desired to be submitted should be send to the appropriate Division i�egiana! Office within free
business days of first knowledge of the SSO wffh reference to the nddent nuns {the incident numberis only genera
electronic entry of this form is completed, if used).
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Date: D.-/4',t4,21_
Form CS-SSO
rive: itparvf4f
Page 13

State of North Carolina
Department of Environment and Natural Resources
Division of Water Resources
Collection System Sanitary Sewer Overflow Reporting Form
Form CS-SSO
PART I:
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: Cfa ton Collection S stem
Owner Town of Clayton
City: Clayton
County: Johnston Region: Raleigh
Incident #: 202200410
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): 10000 Durham Street
Manhole #: 1806
Latitude (Decimal Degrees): Longitude (Decimal Degrees):
Incident Started Dt: 03/17/2022 Time: 7:30 am Incident End Dt: 03/17/2022 lime: 11:30 am
(mm-dd-yyyy)
Estimated Volume of the SSO: 44,800
(hh:mm AM/PM) (mm-dd-yyyy)
gallons Estimated Duration (Round to nearest hour):
Describe how the volume was determined: flow x 2.5 hrs, then flow x 1 hr.
(hh:mm AM/PM)
4:0 hours
Weather conditions during the SSO event: rainy & cloudy
Did SSO reach surface waters? [a Yes ❑ No ❑ Unknown
Surface water name: Little Creek
Volume reaching surface waters (gals): 44800
Did the SSO result in a fish kill? ❑ Yes RINo ❑ Unknown If Yes, what is the estimated number of fish killed? 0
SPECIFIC cause(s) of the SSO:
Severe Natural Conc
24 hour verbal notification (name of person contacted ): Marianne Nicolaycen
❑ DWR Emergency Mgmt Date (mm-dd-yyy): 03/17/2022 Time (hh:mm AM/PM): 09:14.00 arri
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
Permlttee 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 COMPLETED. A SIGNATURE IS REQUIRED AT THE END OF THIS FORM
CS-SSO Form
Page: 1

PART 11:
ANSWER THE FOLLOWING QUESTIONS FOR EACH RELATED CAUSE CHECKED IN PART 1 OF THIS FORM AND
INCLUDE THE APPROPRIATE DOCUMENTATION AS REQUIRED OR DESIRED
COMPLETE ONLY THOSE SECTONS PERTAINING TO THE CAUSE OF THE SSO AS CHECKED IN PART 1
(in the check boxes below, NA = Not Applicable and NE = Not Evaluated)
A HARDCOPY OF THIS FORM SHOULD BE SUBMITTED TO THE APPROPRIATE DWR REGIONAL OFFICE UNLESS IS
Severe Natural Condition
Describe the "severe natural condition" in detail?
How much advance warning did you have and what actions were taken in preparatio
for the event?
Comments:
Svstem Visitation
ORC
Backup
Name:
Cert#
Date visited:
Time visited:
How was the SSO remediated (Le. Stopped and cleaned up)?
• Yes
• Yes
As a representative for the responsible party, I certify that the Information contained in thls report is true and accurate to the
best of my knowledge.
Person submitting claim:
Signature:
Telephone Number.
Date:
Title:
Any addition information desired to be submitted should be sent to the appropriate Division Regional Office within five days of 1
knowledge of the SSO with reference to the incident number (the incident number is only generated when electronic entry of th
form is completed, if used).
CS-SSO Form Page: 2

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James Blalock
From: James Blalock
Sent: Friday, March 18, 2022 10:43 AM
To: Goss, Stephanie
Cc: Byron Poelman
Subject: RE: [External] RE: SSO information
Thank you. I hope you have a good one as well.
James Blalock
Maintenance Superintendent, Water Resources
PO Box 879
Clayton, NC 27528
ClaytonNC.org
0: 919-553-1530 x6524
C: 919-538-3320
Please note that email rent to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties
From: Goss, Stephanie <[e-mail]>
Sent: Friday, March 18, 2022 10:12 AM
To: James Blalock <[e-mail]>
Cc: Byron Poelman <[e-mail]>
Subject: RE: [External] RE: SSO information
Be Advised; This email originated from outside of the Town of Clayton's network. Do not dick links or open attachments unless
you recognize the sender and know the content is safe.
James,
The 5 day reports have been entered into bims. Have a good weekend.
Stephanie Z. Goss
Environmental Program Consultant
1

Division of Water Resources
Raleigh Regional Office
380o Barrett Drive
Raleigh, NC 27609
919-791-4256
E-mail correspondence to and from this address maybe subject to the
North Carolina Public Records Law and may be disclosed to third parties.
From: James Blalock <'bi [e-mail]>
Sent: Friday, March 18, 2022 8:38 AM
To: Goss, Stephanie <$tephanie.goss@ncdenr,jov>
Cc: Poelman, Byron <[e-mail]>
Subject: RE: [External] RE: SSO information
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to
Report Spam.
Thank you, attached are both reports I've been trying to add to BIMS.
James Blalock
Maintenance Superintendent, Water Resources
P4 Box 879
Clayton, NC 27528
ClaytonNC.org
0: 919-553-1530 x6524
C: 919-538-3320
Please note that email sent to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties.
From: Goss, Stephanie <stephanle,gossi nedenr gov>
Sent: Friday, March 18, 2022 8:34 AM
To: James Blalock <ibialo k@townofcl tunnc_org>
Cc: Byron Poelman <booelmanCo7towngfclavtonnc.ar >
Subject: RE: [External] RE: SS0 information
2

Be Advised; This email originated from outside of the Town of Clayton's network. Do not click links or open attachments unless
you recognize the sender and know the content Is safe.
Yes, I forwarded to my supervisors as well.
Stephanie Z. Goss
Environmental Program Consultant
Division of Water Resources
Raleigh Regional Office
3800 Barrett Drive
Raleigh, NC 27609
919-791-4256
E-mail correspondence to and from this address may be subject to the
North Carolina Public Records Law and may be disclosed to third parties.
From: James Blalock <jblalock eh townofclaytonnc,org>
Sent: Friday, March 18, 2022 8:29 AM
To: Goss, Stephanie <stephanie [e-mail]>
Cc: Poelman, Byron <bpoelman@townofc[artonnc.org>
Subject: RE: [External] RE: SSO information
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to
Report Spam.
I will send both reports momentarily ma'am. Thank you. Did you also get the public notice for approval?
James Blalock
Maintenance Superintendent, Water Resources
P4 Box 879
Clayton, NC 27528
ClaytonNC.org
0: 919-553-1530 x6524
C: 919-538-3320
Phase note that email sent to and from this address is subject to the North Carolina Public Records Lain and may be disclosed to third parties.
3

From: Goss, Stephanie <steohanie.go s@ncdenr_Rov>
Sent: Friday, March 18, 2022 8:27 AM
To: James Blalock <jblalockOtownafrlavtonnc.org>
Cc: Byron Poelman <h oelman ;ownofclaytonnc.ori{>
Subject: RE: [External] RE: SSO information
Be Advised. This email originated from outside of the Town of Clayton's network. Do not click links or open attachments unless
you recognize the sender and know the content is safe.
Ok, well you have tried everything. I can enter it for you Q
Stephanie Z. Goss
Environmental Program Consultant
Division of Water Resources
Raleigh Regional Office
380o Barrett Drive
Raleigh, NC 27609
919-791-4�56
E-mail correspondence to and from this address may be subject to the
North Carolina Public Records Law and maybe disclosed to third parties.
From: James Blalock < 1pck@townofclaytonnc_org>
Sent: Friday, March 18, 2022 8:26 AM
To: Goss, Stephanie <stepha nie.gossncdenr.gov>
Cc: Poelman, Byron <bpoelman(altQwnofcla nnc,org>
Subject: RE: [External] RE: SSO information
CAUTION. External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to
IR_S2Ort Sparrr
I tried both chrome and firefox, as well as inside and outside of our system.
James Blalock
Maintenance Superintendent, Water Resources
P4 Box 879
Clayton, NC 27528
ClaytonNC.org
0: 919-553-1530 x6524
C: 919-538-3320
4

Please note that email sent to and, from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties.
From: Goss, Stephanie <stephanie.gossedenr.gov>
Sent: Friday, March 18, 2022 8:25 AM
To: James Blalock <jblalocktownafcloytonnc,org>
Cc: Byron Poelman <bJoelman townofciavtannc.orR>
Subject: RE: [External] RE: SSO information
Be Advised. This email originated from outside of the Town of Clayton's network. Do not click links or open attachments unless
you recognize the sender and know the content is safe.
James,
Thanks for the update, I can enter the 5 day report for you if you email it to me. I have not seen that error before. Have
you tried entering it via chrome or firefox?
Stephanie Z. Goss
Environmental Program Consultant
Division of Water Resources
Raleigh Regional Office
3800 Barrett Drive
Raleigh, NC 27609
919-791-4256
E-mail correspondence to and from this address may be subject to the
North Carolina Public Records Law and may be disclosed to third parties.
From: James Blalock <Lbidock@townofclaytonnE,or
Sent: Friday, March 18, 2022 6:59 AM
To: Goss, Stephanie <5teohanie.goss ncdenr.gov>
Cc: Poelman, Byron <bpoeIman(ownofclaytonnc.org>
Subject: [External] RE: SSO information
CAUTION. External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to
Report &arr
Stephanie,
Good morning, I have attempted multiple times to enter the 5 day report on BIMS. I keep getting the same "Error 500—
Internal Server Error" message. See attached screenshot.
James Blalock
Maintenance Superintendent, Water Resources
P4 Box 879
Clayton, NC 27528
ClaytonNC.org
5

0: 919-553-1530 x6524
C: 919-538-3320
Pkase note that email rent to and from this address a subject to the North Carolina Public Records Law and may be disclosed to third parties.
From: Goss, Stephanie <steah nie_xossgncdenr.gov>
Sent: Thursday, March 17, 2022 4:31 PM
To: Ja mes Blalock <jblalocktownofclaytonrac,org>
Subject: SSO information
Be Advised: This email originated from outside of the Town of Clayton's network. Do not click links or open attachments unless
you recognize the sender and know the content Is safe.
https:lldec.nc.eov/ahoutf d ivisionslwatar-resourceslwajer-resources-permits/wastewater-bra nchf collection-
5vste m slsewe r-sv ste rn- overflow -documents
Stephanie Z. Goss
Environmental Program Consultant
Division of Water Resources
Raleigh Regional Office
380o Barrett Drive
Raleigh, NC 27609
919-79i-4256
E-mail correspondence to and from this address may be subject to the
North Carolina Public Records Law and may be disclosed to third parties.
6

Town of Clayton
Cltyworks Work Order
Work to be Performed:
Overflow Event - Manhole
Date Initiated: 3/17/2022 8:05:28 AM
WORK ORDER ID:
46970
Status:
8 — Waiting to be Closed
Initiated By: Blalock, James
Projected Start Date: 3/17/2022 8:05:28 AM
Projected Finish Date: 3/18/2022 10:05:00 AM
Submit To: Blalock, James
Date Submit To: 3/17/2022 8:05:28 AM
Actual Start Date: 3/17/2022 8:36:00 AM
Actual Finish Date: 3/17L2022 5:00:22 PM
Priority: Medium
Address or Intersection: 504 S Smith St
(Location Details: Maplewood cemetary
Asset:
Entity Type
Location
SSMANHOLE
CEMETERY
Instructions:
Complete Custom Field.
Comments:
By Blalock, James : 3/17/2022 6:19:31 PM
I was heading to the WWTP to clean the line entering the headworks while it had no flow and noticed the MH
overflowing at 0807am. I immediately called the contractor, Eric with Providence to Inform him we had a
major problem. I asked him to send an excavator down to build a damn to stop the flow from entering the
creek. (we had just had a heavy down pour with approximately 1" of rain in 30 minutes) By 0845 we had the
flow stopped from entering the creek. The two dri-prime pumps that Providence had at the downstream
manhole were stopped up and were not pumping at all. we provided our green pump and was able to slow
the SSO down from @850gpm to @30gpm. this occured at 1030am. The total gallons lost was determined by
doing the math of 850gpm for a period of 2.5hrs and 30gpm for a period of an hour. We utilized 3 septic truck
companies: Bobby Davis, Neuse river septic and Johnsons septic. We were able to capture 84,500 gallons of
untreated discharge.
By Blalock, James : 3/21/2022 8:08:50 AM
We had to build a road, Ray hauled 3 loads, Kenny Hauled 3 loads, Leroy hauled 5 loads of millings, dirt and
stone.
Labor:
Emalovee
Hours
rt Date
Callihan, Tim
9.000000
3/17/2022 8:05:00 AM
3/17/2022 5:00:00 PM
Carroll, Dylan
9.000000
3/17/2022 8:05:00 AM
3/17/2022 5:00:00 PM
Holder, Christian
9.000000
3/17/2022 8:05:00 AM
3/17/2022 5:00:00 PM
Kyer, Jake
9.000000
3/17/2022 8:05:00 AM
3/17/2022 5:00:00 PM
Blalock, James
10.500000
3/17/2022 8:05:00 AM
3/17/2022 6:30:00 PM
Jessup, Travis
6.000000
3/17/2022 9:00:00 AM
3/17/2022 3:30:00 PM
Harvey, Mathew
6.000000
3/17/2022 9:00:00 AM
3/17/2022 3:30:00 PM
Kelley, Dantrez
6.000000
3/17/2022 9:00:00 AM 3/17/2022 3:30:00 PM

Sanders, Kenny 16.000000
3/17/2022 9:00:00 AM
3/17/2022 3:30:00 PM
Harrison, Rod
4.000000
3/17/2022 11:00:00 AM
3/17/2022 3:00:00 PM
Hales, Kenny
4.000000
3/17/2022 8:00:00 AM
3/17/2022 12:00:00 PM
Rhode, Ray
4.000000
3/17/2022 8:00:00 AM
3/17/2022 12:00:00 PM
Russell, Robbie
1.500000
3/17/2022 8:30:00 AM
3/17/2022 10:00:00 AM
Faison, Joey
1.000000
3/17/2022 11:00:00 AM
3/17/2022 12:00:00 PM
Norris, Stephen
9.500000
3/17/2022 8:05:00 AM
3/17/2022 5:30:00 PM
Materials:
Part Number
Description
Units
Account
Pulverized lime
10.000000
30056605239
2 trucks pump and haul
1.000000
Pump and haul
1.000000
Equipment:
ID
Description
Hours
75
75 - 2015 Ford F-250 PU Trk
9.000000
77
77 - 2015 Ford F-350 Boom Truck
9.000000
73
73 - 2019 Ford F250 4WD
9.000000
704
704-2020 Westem Star Vactor 2100i
3.000000
710
710-2006 Premier Portable 4" Pump
8.000000
79
79-2021 Ram 2500 4x4 Pickup
10.500000
85
85 - 2015 Caterpillar CT660 Tandem Axle Dump Truck
6.000000
853
853 - 2021 GMC Sierra 4x4
6.000000
89
89 - 2021 Ford F150 4x4
6.000000
80
80 - 2017 Chevrolet Silverado 2500
6.000000
804
804 - 2019 CAT 440 +Wheel Drive
6.000000
87
87 - 2017 Siivarado 1500 4x4 Truck
4.000000
314
314-2019 Ford F-750 Dump Truck
4.000000
360
360 - 2020 Freightliner Dump Truck
4.000000
300
300 - 2010 CAT Bk Hoe420 E
1.500000
312
312 - 2014 Kraftsman Trailer (12 Ton)
3.000000
306
306 - 2014 CAT Skid Steer
4.000000
Cost:
Labor
Materials
Equipment
$2,289.85
$8,128.21
$3,810.50

Custom Fields:
Custom Field Name
Custom Field Value
Location
Incident #
202200410
NOV #
2022-DV-0102
Case #
2022-DV-0102
MH #
Volume (Estimated) gallons
129300
Did it reach the surface?
YES
Volume Estimated (Surface)
44800
Cause
faulty dri-prime pump
Source
gravity sewer
Repairs
OTHER

411

1: This is MH1806 which is the first upstream MH from the contractors bypass setup for gravity line work at Little Creek
Reclamation Facility.
2: The area surrounding MH1806 leading to a storm ditch at 0730 on March 17, 2022
3: 3 separate Septic haulers we used for the pump and haul duration all day, 8 hours
4: Town of Clayton pump that was brought in to slow the spill until contractor could get replacement dri-pumps set back
up (Set up at approximately 0850 AM on March 17, 2022)
5: Debris that clogged both the primary and secondary pumps that the contractor had in place.
6:View from MH1128 (manhole that contractor was bypassing out of) to SSO at MH1806
7:Debris that clogged both the primary and secondary pumps that the contractor had placed.
8:MH1128 the contractors suction lines
9: Silt fence and berm left
10: Silt fence and berm left
.Tw4moir. 20 2 2 AO U/o
3-/7r2ot 1.
/OOo Do►to 1,
NO /AL

TOWN OF CLAYTON
Engineering Department
11 1 E. Second St., P.O. Box 879
Clayton, NC 27528
Phone: [phone]
Fax: [phone]
March 24, 2022
Mr. Nick McKeel - President
Providence Construction
314 E. Main Street
Clayton, NC. 27520
Subject Little Creek Outfall Replacement Project
Sanitary Sewer Overflow #2 — Thursday, March 17, 2022
DEQ Incident # 202200410
Dear Mr. McKeel,
At approximately 8:07 am on Thursday, March 17, 2022, Town of Clayton (Town) staff discovered
and responded to another sanitary sewer overflow at the Little Creek Wastewater Reclamation
Facility Treatment where Providence Construction is under contract for work replacing, relocating,
and upsizing sanitary sewer infrastructure. A substantial sewer overflow (SSO) occurred from a
manhole (TOC-MH #1806) immediately upstream from Bypass Station (Providence 1) and
adjacent to Maplewood Cemetery. Rain for Rent, the bypass pumping subcontractor for
Providence Construction, received a high-level alarm between 7:30 and 7:37 am. During such
time, Providence Construction had assumed responsibility of pumping operations for the day.
Town staff is not aware of the chain of communication taken once the initial high-level alarm was
received. Upon arrival to the site , it was noted neither the primary or backup bypass pumps were
in operation or being monitored at the time of the SSO. This was verbally confirmed by onsite
Providence Construction personnel. It was later determined by Providence Construction that
excess rags found inside the pump impellers caused both pumps to shut down.
There was a total loss of 129,300 gallons of untreated wastewater with 44,800 gallons reaching
Little Creek and the surrounding area. Town staff were required to mobilize immediately and
address the SSO. Town staff responded to the site at approximately 8:07 am to begin clean-up
efforts and conduct further investigation related to the overflow. Due to the extent of the overflow,
the Town was forced to secure and mobilize four (4) privately owned pump trucks in addition to
numerous Town employees, trucks, equipment, and resources to assist in the clean-up. While not
discounting the seriousness or burden of responsibility on Providence Construction, the Town is
aware Providence Construction crews and equipment were mobilized to assist in minimizing the
amount of loss from entering Little Creek.
Per North Carolina G.S. 143-215.1 c(1), the Town of Clayton is required to report any discharge
of untreated wastewater to surface waters and to issue a press release if the overflow is equal to or
greater than 1,000 gallons. Additionally, per North Carolina G.S. 143-215.1c(2), the Town of
Clayton is required to post a notice in the newspaper in the county in which the loss occurred as
well as every downstream county anticipated to be significantly impacted as determined by the
Secretary of Environmental Quality. In accordance with statutory requirements, a press release
was issued, and a public notice was posted in Johnston County by the Town on March 17, 2022.

Section 01270 "Unit Prices" Part 1.20, "By -Pass Pumping of Sewage" Subset "C" of the Contract
states that the contractor (Providence Construction) shall be responsible for sewage spills that
occur during the bypass pumping. This provision is also set forth in the Supplementary General
Conditions, paragraphs SC-7.10 F, G, & H. You may also refer to Addendum No. 2, Section "C"
Drawing Requirements, Subset la. dated January 27, 2021, which states "Bypass Pumping shall
run 24/7. Contractor is solely responsible for means and methods of maintaining by-pass pumping"
as well as Section "D" which states "There is one approach to the by-pass pumping included in
the Drawing. The Contractor may provide their proposed plan if different than provided."
Furthermore, the contract documents require 24/7, uninterrupted monitoring of the operational
pumps. Based on the Town's initial investigation and the statements of Providence Construction's
onsite personnel, the pumps were not monitored at the time of the spill. This is the second instance
in which the same violation of the terms of the Contract has occurred.
This letter is formal notice to Providence Construction of responsibility for all fines, violations,
impositions, and any obligations set forth and/or levied by State or other local authority as well as
the cost of resources utilized by the Town to clean up the spill. Furthermore, Providence
Construction is to assume full responsibility for its actions relative to this matter. Upon receiving
a formal response from the State regarding any fines to be imposed upon the Town of Clayton, the
Town will provide an itemized cost summary to Providence detailing charges incurred for
mobilization, materials, equipment, and work performed by its staff to correct the incident as well
as the cost of any assessed fines. Payment of the invoiced amounts shall be due within thirty (30)
days of receipt from the Town. If notice from the State has not been received prior to submission
of the final pay application, the Town may withhold final payment until any fines and other costs
as identified herein have been resolved.
The Town requests a formal written response from the President of Providence Construction be
submitted within five (5) business days from receipt of this letter, detailing how this
malfunction/incident occurred, how the incident was resolved by Providence Construction and its
subcontractor, and what measures will be implemented to ensure this type of incident does not
happen again. As the permit holder for the collection system, the Town is responsible for its
collection system and must hold all contractors accountable when working on the collections
system.
Please be advised, this major overflow and loss of untreated wastewater is the second incident
sustained by Providence Construction within 30-days. The 90-day intermediate contract time
(ICT) remains in place in accordance with the contract documents and based on the executed
notice to proceed date of January 3, 2022. No time extensions will be granted due to this incident
and the Town is prepared to assess liquidated damages if the project is not completed per the ICT
listed in the contract documents.
Providence Construction's failure to consistently provide monitoring has now resulted in two
significant wastewater discharge events, jeopardizing the public health and safety of the citizens
of the Town of Clayton and the good standing of the Town's wastewater treatment system with
the State of North Carolina. In the event of another incident or additional failure to comply with
the conditions within the Contract, the Town will consider taking further action including, but
not limited to, termination of contract based on Providence's persistent failure to perform work
in accordance with the contract documents.

Your immediate attention and diligence to this matter is greatly appreciated. If you have any
questions or if further clarification is needed, please feel free to contact me at [phone].
Sincerely,
o
Joshua Baird, PE, CFM
Engineering Director
Town of Clayton
Cc: Interim Town Manager
Interim Deputy Town Manager
Water Resources Director
Assistant Town Engineer
Construction Project Administrator
Water Resources Maintenance Superintendent
Water Reclamation Superintendent

rim- PROVIDENCE
March 25, 2022
Joshua Baird
Town of Clayton
1 1 1 East Second Street
Clayton, NC 27520
j ba i rd@townofc laytonnc . org
Re: Little Creek Sewer Outfall Bypass Pump Failure
Mr. Baird,
[ am writing in response to your letter dated March 24, 2022 to address the concerns from the Town of
Clayton on the bypass pumping at Little Creek Sewer Outfall. As you are aware the failure happened at
the manhole upstream of existing manhole E24 on March 17, 2022 and March 24. 2022. When the
manhole overflowed, the contents flowed towards Little Creek and the surrounding area on March 17,
2022. On March 24, 2022 the contents were contained in the containment area around the manhole. Per
your letter approximately 130,000 gallons overflowed on March 17, 2022, but based on the amount of
time the pumps were down, this amount does not seem possible. Nonetheless, an overflow happened
and corrective actions will be implemented to prevent future occurrences.
The event on March 17, 2022 happened at approximately 8:30 AM. We have attached the alarm Togs
associated with this pump system detailing the events. Once notified, immediate action was taken by
Providence Construction, Rain for Rent, and Town of Clayton to rectify the situation. One March 24,
2022 the overflow happened at approximately 10:00 AM. The alarm logs are attached for this event as
well detailing the chain of events. The same parties took immediate action once the occurrence
happened and the overflow was contained and did not breach the immediate area.
Providence Construction and Rain for Rent had a meeting on March 25, 2022 to discuss the reoccurring
pump issues at this location. We have determined that the discharge pipe size needs to be increased to
handle the flows at this location. The pipe was originally sized based on the 8" line shown on the
drawings and normal flows for this size line. We also had major rain events that increased the flow
during both of these incidents. The pumps at this location (6") are adequately sized to handle the
amount of flow. We are going to increase the discharge pipe to a 10" system, in lieu of the 4" system,
and we have attached the engineering calculations associated with this. We also have ensured that the
pump system is cleaned at the beginning of each shift to eliminate trash/debri build up to avoid potential
issues.
The replacement of the discharge line will be completed by March 26, 2022 to put the pump around
system back into service on Monday, March 28, 2022 with approval. This will allow us to complete the
remaining work inside the fence that can be completed at this time.
114 W Main St, Clayton, NC 27520 1919-726-3206
n--

na,
PROVIDENCE
Per your correspondence. the Town of Clayton is going to enforce liquidated damages for the work
inside the fence if not completed by the substantial completion date of April 3, 2022. There have been
numerous RF1's and change orders issued dealing with unforeseen conditions in this area. The work
between Manhole 15 and 15A cannot be completed at this time due to existing conditions (ductbank)
and redesign of this line. Providence has submitted cost estimates associated with this work and a time
extension will need to be granted due to material procurement and change of scope. Providence
completed change order work from MH 13 to MH2, which resulted in increased cost and time. A change
was also submitted for replacing the existing 18" line running from .1B1 to existing manhole El 7, which
resulted in increased cost and additional time. Providence is committed to having everything completed,
including the changes order work, with the exception of the MH 15 and 15A work and paving (will be
completed when all work inside the fence is done to avoid damages) by the end of next week if the
bypass system is put back into service on March 28, 2022. A formal time extension will need to be
agreed upon by close of business on April 1, 2022 to extend the substantial completion date due to the
unforeseen changes.
Please let us know if you have any questions or would like to discuss in more detail. 1 have attached the
Rain for Rent documentation to this letter. Providence Construction is committed to resolving these
issues and having a successful project. Please let me know if you have any objections to this plan as we
look forward to getting back to work on March 28, 2022 once the discharge line has been replaced.
Sincerely;
Nick Mckeel
President
Providence Construction
Cc: Chris Rowland (Town of Clayton)
Don Gantt, P.E. (The Wooten Company)
114 W Main St, Clayton, NC 27520 1 919-726-3206

March 25, 2022
Paul Smart
Providence Construction
114 W Main Street
Clayton, NC 27520
RE: Little Creek Outfall Sewer Line Replacement Project Incident
Mr. Smart:
5101 Office Park Drive, Suite 100
Bakersfield, CA 93309
This letter is a follow up to our meeting from today, Friday, March 25, 2022, regarding the
incidents occurring during the Little Creek Outfall Sewer Line Replacement Project at the
Clayton Water Reclamation Facility (WRF) in Clayton, NC, resulting in sanitary sewer
overflows on March 17th and March 24th.
Rain for Rent's incident investigation determined that the following occurred. Pump watch
was completed by Rain for Rent personnel on both occasions by Brooks Langley and Kevin
Murphy (March 24th only) at 7:00 AM EST, at which point Providence Construction assumed
operation of the system. Pump watch reports are attached.
March 17, 2022:
At 8:26 AM EST, alarm contacted the first caller on rotation, Rain for Rent operations manager,
Alex Ruiz-Magana due to high level. Alarm was acknowledged by Alex, and he immediately
dispatched Rain for Rent employee Adam Holm who arrived on site by 8:45 AM EST. Alex
called PC contact Eric Gutierrez to advise him of the situation.
Overflow occurred at an upstream manhole between the time of 8:26 AM EST and 8:45 AM
EST. The flow appeared to be contained to an area surrounding the manhole and we are
unsure if it entered Little Creek.
NOTE: vacuum trucks were called by the City of Clayton to assist with clean-up. The trucks
began dumping their trucks into a storm drain adjacent to the drying bed, causing an overflow at
the drying bed pump station. Thereafter, the trucks began dumping directly to the main
discharge area.
March 24, 2022:
At 10:03 AM EST, alarm contacted the first caller on rotation, Rain for Rent operations manager,
Alex Ruiz-Magana due to high flow. Alex dispatched Rain for Rent employee Earl Rardin who
arrived on site by 10:05 AM EST. Alex called PC contact Eric Gutierrez to advise him of the
situation.
At 10:33 AM EST, alarm reset due to normal level. Both pumps at manhole were operational
and units were running at 1,800 RPM at maximum flow. Overflow occurred between the times
Pumps Tanks Pipe Filtration Spillguards
800 7<12 /2,1u I rnint0<<cnt corn

5101 Office Park Drive, Suite 100
Bakersfield, CA 93309
of 10:03 and 10:33 AM EST at the same upstream manhole as the overflow from March 17,
2022. It is unclear how much sewage spilled and where the sewage drained into. On both
occasions, a large amount of rain fell in a short amount of time, causing the ground to hold
pockets of water throughout the area.
At the request of Providence Construction Rain For Rent will increase discharge from 4" to
10" to increase flow rates. Flow rate will increase from 500 gpm to 1,250 gpm. Rain for
Rent has completed on site calculations of sanitary sewer flow.
If you have any questions regarding this incident or the training Rain for Rent can provide,
please feel free to contact me at do?[e-mail].
Sincerely,
Dario Catallo
Branch Manager
Pumps Tanks Pipe Filtration Spill guards
800 742 72=:6 I inulforrcnt,coin

DWR
DMslon of water Resources
State of North Carolina
Department of Environment and Natural Resources
Division of Water Resources
Collection System Sanitary Sewer Overflow Reporting Form
Form CS-SSO
PART I:
This form shalt 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: Orton Collection S+rs, ten
Owner: Town of Clayton
City: Clayton
Incident #: 202200476
County: Johnston Region: Raleigh
Source of SSO (check applicable): 10 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): 1000 Durham Street
Manhole #: 1806
Latitude (Decimal Degrees): 35.643 Longitude (Decimal Degrees): -78.4619
Incident Started Dt: 03/24/2022 lime: 10:06 am Incident End Dt: 03/24/2022 lime: 10:36 am
(mm-dd-yyyy) (hh:mm AM/PM) i<mm-dd-yyyy) (hh:mm AM/PM)
Estimated Volume of the SSO: 18,000 gallons Estimated Duration (Round to nearest hour): 0:30 hours
Describe how the volume was determined: 600gpm times 30 minutes
Weather conditions during the SSO event: heavy rain, 1.82" of rain in 3hrs 45min
Did SSO reach surface waters? ❑ Yes No ❑ Unknown Volume reaching surface waters (gals): '3
Surface water name:
Did the SSO result in a fish kill? ❑ Yes Eallo ❑ Unknown If Yes, what is the estimated number of fish killed? 0
SPECIFIC cause(s) of the SSO:
Eg Severe Natural Conc Fa. Other (Please explai
24 hour verbal notification (name of person contacted ): Alys K Hannum
121 DWR ❑ Emergency Mgmt Date (mm-dd-yyy): 03/24/2022 Time (hh:mm AM/PM): 11:04:00 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 pblic 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.
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 IILIS COMPLETED�A SIGNATURE I8 REQUIRED AT THE END OF THIS FORM
CS-SSO Form
Page: 1

PART II:
ANSWER THE FOLLOWING QUESTIONS FOR EACH RELATED CAUSE CHECKED IN PART I OF THIS FORM AND
INCLUDE THE APPROPRIATE DOCUMENTATION AS REQUIRED OR DESIRED
COMPLETE ONLY THOSE SECTONS PERTAINING TO THE CAUSE OF THE SSO AS CHECKED IN PART I
(In the check boxes below, NA In Not Applicable and NE = Not Evaluated)
A HARDCOPY OF THIS FORM SHOULD BE SUBMITTED TO THE APPROPRIATE DWR REGIONAL OFFICE UNLESS IS
Severe Natural Condition
Describe the "severe natural condition" in detail?
Severe storms were forecasted in the area. we experienced heavy rain f r 3hrs and 45 minutes which equaled 1.82" Der I
rain oauge at Little Creek WWTP
How much advance warning did you have and what actions were taken in preparatio
for the event?
Just the forecast from the night before on WRAL TV 5
Comments:
With onset of the rain. I instructed my employees to monitor the manhole in auestion due to the fact there was a spill Iast
week. I checked the manhole three times. the Iast being at 0945 AM. my crew leader came by after me at 1006 AM and
found it overflowing
Other (Please explain in Part 111
Describe:
The Town has Providence construction under contract to replace several of the main gravity lines entering the plant. The'
have 2 dri-prime bypass Dumos ateach of the 4 locations. The pumps were pumoioa all they cou i handle during the hiq
rain event,
Were adequate equipment and resources available to fix the problem? ® Yes No [] NA D NE
If Yes, explain:
There was a berm that was built Iast week to stop an SSO, which fortunately contained all of the SSO today. I notified Er
Gutierrez. with Providence construction anOnstructed Mein to Dull the plugs from the line as lona as the flow would then
enter the treatment plant. which he said it would. By doingJhis. the SSO was stopped.
If the problem could not be immediately repaired, what actions were taken to lessen
the impact of the SSO?
!]LE
Comments:
System Visitation
ORC
® Yes
Backup ❑ Yes
Name:
James E. Blalock
Cert#
1002021
CS-SSO Form Page: 2

Date visited:
03/24/2022
Time visited:
10:15 AM
How was the SSO remediated (i.e. Stopped and cleaned up)?
I contacted the contractor. Providence construction and instructed them to Dull the pluos from the line they were bvoassin
to lower the level at the site of the SSO. Once the level drooped. we hauled in a Dumb and Dumped all the contained fiau
back into the Collections system and spread lime over the affected contained area.
As a representative for the responsible party, I certify that the information contained in this report is true and accurate to the
best of my knowledge.
Person submitting claim: James Ernest Blalock Date: 03/24/22 11:04 am
Signature:
Telephone Number: -37.za
Title: ,✓cir- 44413“4•1,-r7
Any addition information desired to be submitted should be sent to the appropriate Division Regional Office within five days of 1
knowledge of the SSO with reference to the incident number (the incident number is only generated when electronic entry of th
form is completed, if used).
CS-SSO Form
Page: 3

Town of Clayton
Gtyworks Work Order
Work to be Performed:
Overflow Event - Manhole
WORK ORDER ID:
47082
Status:
8 — Waitin • to be Closed
Date Initiated: 3/24/2022 10:06:49 AM
Projected Start Date: 3/24/2022 10:06:49 AM
'Projected Finish Date: 3/25/2022 10:06:49 AM
Initiated By: Blalock, James
Actual Start Date: 3/24/2022 10:06:00 AM
Actual Finish Date: 3/24/2022 1:30:00 PM
Submit To: Blalock, James
Date Submit To: 3/24/2022 10:06:49 AM
Priority: Medium
Address or Intersection: 504 S SMITH ST
Location Details: Maplewood Cemetary
Asset:
unit/ Type
MANHOLE
Location
CEMETERY
Instructions:
Complete Custom Field.
Comments:
By Blalock, James : 3/24/2022 2:14:50 PM
With the heavy rain, we monitored the manhole frequently, I last visited the MH at 0945AM and It wasn't
overflowing, Stephen was leaving the treatment plant at 1006AM and went by to check and found the
overflow. Once he notified me, I contacted Erik, with Providence and I instructed them to remove the plugs
and allow the flow to flow through the new line as long as it would go to the headworks of the plant, which he
assured me that it would. Once the plugs were removed, the SSO stopped at 1036AM. We estimated 600gpm
was leaving the manhole. The berm was left In place after the last SSO on 3-17-22, this contained all of the
discharge and no untreated wastewater reached the creek. The crew then placed our dri-prime pump and
pumped all of the contained discharge back into the collections system and spread lime on the affected area.
By Blalock, James : 3/24/2022 2:51:08 PM
Jake and Dylan stayed with pump through lunch.
Labor:
Employee
Hours
Start Date
End Date
Norris, Stephen
3.500000
3/24/2022
10:06:00 AM
3/24/2022
1:30:00 PM
Callihan, Tim
3.500000
3/24/2022
10:06:00 AM
3/24/2022
1:30:00 PM
Carroll, Dylan
3.500000
3/24/2022
10:06:00 AM
3/24/2022
1:30:00 PM
Holder, Christian
3.500000
3/24/2022
10:06:00 AM
3/24/2022
1:30:00 PM
Kyer, Jake
3.500000
3/24/2022
10:06:00 AM
3/24/2022
1:30:00 PM
Harvey, Mathew
3.500000
3/24/2022
10:06:00 AM
3/24/2022
1:30:00 PM
Sanders, Kenny
3.500000
3/24/2022
10:06:00 AM
3/24/2022
1:30:00 PM
Satterwhite, James
3.500000
3/24/2022
10:06:00 AM
3/24/2022
1:30:00 PM
Blalock, James
2.000000
3/24/2022
10:06:00 AM
3/24/2022
12:05:00 PM
Jessup, Travis
2.000000
3/24/2022
10:06:00 AM
3/24/2022
12:05:00 PM

Materials:
Part Number
Description
Units
Account
10 bags Hydrated lime 50# bags
1.000000
30056605239
Equipment:
ID
Description
Hours
75
75 - 2015 Ford F-250 PU Trk
3.500000
707
707 - 2021 Dodge Ram 4x4 Utility Body Service Truck
3.500000
73
73 - 2019 Ford F250 4WD
3.500000
710
710-2006 Premier Portable 4" Pump
3.500000
80
80 - 2017 Chevrolet Silverado 2500
3.500000
85
85 - 2015 Caterpillar CT660 Tandem Axle Dump Truck
3.500000
801
801 - 2014 Caterpillar 308E2 Mini -Excavator
3.500000
79
79-2021 Ram 2500 4x4 Pickup
2.000000
Cost:
Labor
Materials
Equipment
$1,082.00
$748.25
$149.34
Custom Fields:
Custom Field Name
Custom Field Value
Location
Incident #
202200476
NOV #
2022-DV-0102
Case #
2022-DV-0102
MH #
1806
Volume (Estimated) gallons
18000
Did it reach the surface?
NO
Volume Estimated (Surface)
0
Cause
contractors pumps couldn't handle flow
from heavy rain
Source
Collections System
Repairs
OTHER

James Blalock
From: William Simpson
Sent: Thursday, March 24, 2022 11:00 AM
To: James Blalock
Cc: Byron Poelman; Joshua Baird; Chris Rowland
Subject: Rain fall 3-24-22
James,
Rainfall for 3-24-22 was 1.82 inches of rain from 0700-1050 am.
William "Bill" Simpson
Town of Clayton
Superintendent, Water Reclamation
PO Box 879
Clayton, NC 27528
0: 919-553-1530 x6303
D: 919-553-1536
C: 919-594-0417
Clayton 1C,org

1: Affected area with lime.
2: When spill was found at 10:06 AM.
3: During pumping back into system.
4: During pumping back into system.
am",OA:7 41 42O2:005''4
/ODI qs4 vIs$ .
AR

DwR
Division of Water Resources
State of North Carolina
Department of Environmental Quality
Division of Water Resources
Collection Systao-n Sanitary Sewer Overflow Reporting Form
Form CS-SSO
PART 1:
This farm shall be submitted to the appropriate DWR Regional Office within five business days of the first honowfedge of the
sanitary sewer overflow (SSO).
Permit Number KIWJ ( SfD (WOCS# if active, otherwise use WQCSDlf)
Facigty 'isw u 0,4 Incident #:. 2 0 2 2.0 0 ¥/D Owner 74,14 cyc 4f YT AJ
Region: Ri4'r.i/ City: ad Ya"/
County: oyt✓,f ,tn J
Source of SSO (died( applicable): El Sanitary Sewer ❑ Pump Station / Lift Station
SPECIFIC location of the SSO (be consistent in description from past reports or dorm - i.e. Pump
Station 6, Manhole at Wester & Bragg Street, etc.): AIVAi 1 6W 66494,641,,4 7 ,p tt4 j f J .rmr alulm<j'
Manhole #: 1 tra4 866.4 t S-0 ' ft•me y
Latitude (degrees/minute/second): 3S. W1313 Longitude (degrees/minute/second): - 78, %too
Incident Started Dt al-171t72Z Thane: 07..SO Arr1 Incident End Dt 3-/7 22 Tine: //$ 4i f
%-dd'iyyy) (Imh:mim) AWIIPM (rased-yyyy) (Munn) AMIPM
Estimated volume of the SW: /at 3.90 gallons Estimated Duration (round to nearest hairy, hour(s)
Desafbe how the volume was detemnied: FEW X 1.371#-1, T l( / IL) .r /44( $1t1€- AArPo:p4) JAf
Weather conditions &rig the SSO event RAW V, Carog,
Did the SSO reach sufaoe waters? J' Yes ❑ No 0 Udahown
Volume reaming surface meters: WeFte Surface water name: I/ efax
Did the SSO mutt in a ash Imo? ❑ Yes ❑ No J Urdmowrm
If Yes. what is the estimated number of fish kited?
SPECIFIC cause(s) of the SSO:
( Severe Natural Conditions 0 Grease ORoots ❑inflow & Inlikradon
❑ Pump station Raiment Failure 0 Power Outage ❑Vandalism 0 Debris iih ire ❑Pipe Fl.s (Break)
Wither (Please explain i Part II)
24-hour verbal notification (name of person contacted): / /4Ry414l NtaLaYlt1
❑ DWR 'E1Aergency Management Date (m m-dd.yyy): 03 -/7-2 Z Time: Pitman AM9PM* D9/94,I7
Per G.S. 143-215.1C(b). the owner or operator of any wastewater collection system stet
In the event of a discharge of 1.000 gallons or more of untreated wastewater to the surface enters of the Stale. issue
a press release to all print and ere runic new; media that provide general coverage in the oaurdy umtheme the
discharge occurred setting out the details of the discharge. The press release shall be issued within 24 hors after
the owner or operator has determined that the discharge has readied surface waters of the Stale.
In the event of a discharge of 15,000 gallons or more of untreated wastewater to the surface waters of the State,
publish
arhd cof the in a newspaper having general hithe c unty inwhich the discharge
c aarge
Regional Office shah determinewhk:h counties isthat signincently affected by the drove the
The
and content of the notice and the affected the discharge and shall approve the form
newspapers in which the notice is published.
WHETHER OF NOT PART It IS COMPLETED. A SIGNATURE IS REQUIRED SEE PAgfr 14
Foam CS-SSO
Page I

Severe Natural Qonditfons (hurricane. tomado. etc
Describe the 'severe natural condition' In detail:
AV4/y 30 t /law 4 746-AfAvjure eve/aa.. 4 i
A/c /aped anw.e ,e 4 vr',ea..f e ✓ 3a ~444
How much advance warning did you have and what actions were taken in preparation for the event? 4*WE
Comments: ee y l krie, i 0; hall, Slav ow/ ..f4ond dm,- l G Aria
j ijifig*/ .'/ivJ Aimee_ sYstcoe,s
Form CS-SSO
Page 3

Other (Pictures and police report. as applicable. must be available upon reauest.1
Describe:
Were adequate equipment and resources available to roc the problem? OrYes 0 No DNA 0 NE
if Yes, explain: Cal/744 7ac "No E4Vr4 7 7• aece A 414W ,4 a .5.veho
g-01.1 Rae l ferele r` ?lid 416fier. W � CAL.,t IN ¥ *b 7:0430 410V0 newts, a,pow *' Aidop r "tow.
If the problem could not be Immediately repaired, what actions Yes 0 No DNA 0 NE
were taken to lessen the impact of the SSO?
Comments:
,4 &t , c 24 1 A9 At MW)' 44s Act tArei 8YA&ag's, care i0' g Atc
Pi. ? Rim,( 1s 0140 4 7 Y1# 4 , Aft "WWI, :? eivose
Av7o % I/6f 4njxi ig/44r.'EY J6I.4 b axon /4✓ 7O/$ ,vim.-E
x L lefilev A 7®fl i pnkSC44,45C Z4410t40 NO /004 MY
pd os./pe`. 444t0i ti 7b 7 it ul►/ A 7l�f' Asamee ay me - mkt., 44E
&woO.4 Y/G!/ h6f/' AVA-4(00f pW*✓ • 2 04,44 A,C Cm '-7 'liAa►
O (.440 ebit,W214 41/4140760 /OW aF ,7F _Pk C e ii
. AN dxar4-J,2 717 evaRvidiA4 41H i bz7 if 49.1 cs te00/' / 4
74.4 04v. 4 c- 44, .SAYS out p a Abe*? ErVTC.C.04 TAEC isC
G Tiara cb+rl ? ' C7 , J ,4i#i J ,eEiporet5 7her .co 4,
44tp ito dJ y ,Pie/ 440 //4i'L.

SystemVisitatioQ
ORC
Backup
Name: t-a[
Certification Number /00•20 2/
Date visited: 3r/ / •1'O.t' I
J'Yes 0 No
❑ Yes ❑ No
Time visited: Q le0%1
How was the SSO remediated Ole. gypped and cleaned up)?
4 oil Aft Mae o D tioM9 o P 70Flaw i•ga ore C,lf 9[.
4' d? twv 4oier mi. /wo c Riau/ /17 , ►r. ,ry,0- 8tcArub .2 Krar
Apt
�wAil 4v Aeffbrsr , v, ✓/exo Viol. wink 7, fit ro Alamo al A-
ga" i PAT# At Sea. 114,16,1 A itrAct rfe.14! ive tersow C. " C ,✓
IA/ i0A►4N1741 /4/41, 1 aAVto iI1 40' „9 4w.
As a mixesenlative for the retioonsbfe party. 1 certify that the information contained in is true and accurate to the
Person submitting claim: o1ei {,Q,(,�
Signature:
Date: D.-4 —AV-L.
Tide: 44 ( ,4'4 C
Telephone Number f/1 es fd = j32.v
Any additional information desired to be submitted should be sent to the appropriate Division RegioneEl Otl'ioe w[thin fine
wittnessn a� the S60 with reference to the it dent number (the htadent eginnr is on[Y 9 d
mmptetad, if used).
et 744 MIS tisw c "Off -Oise ,O &r4wt -ales7 e-Ara
M4240144 96 /we- cs e.7_ gob Biz As/ 4.4e. A mrea i?Q ✓,r/.Sl,PE�4m
g/d ja Stan i SSo/ iT s°"Ey T,414‘ si°4 ( / '7 e Artlyin * 30ym
v lzi- 'AV earar&704 Co? AgtorWele COP hi AA,KE'. 111. � �i
w 6- psot , boric ?�t'c to 6) .2 ,r f 7D cc #:
pit woe, /vv RereoloP % at .sys) 7 Z $k jAaoV/.
Fora CS-SSO
Page 13

ROY COOPER
Governor
EUZ,ABEIH S. BISER
Secretary
RICHARD E. ROGERS, JR.
DYredor
Certified Mail # 7020 3160 0000 4109 5589
Return Receipt lissiligated
Rich Cappola, Interim Town Manager
Town of Clayton
PO Box 879
Clayton, NC 27528-0879
NOS R al Quail*
April 18, 2022
SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY
Traddng No.: NOV-2022-QV-0102
Sanitary Sewer Overflows - Mardi 2022
Collection System Permit No. WQCS00110
Clayton Collection System
Johnston County
Dear Mr. Cappola:
A review has been conducted of the self -reported Sanitary Sewer Overflows (SSO's) 5-Day Report/s submitted by
Town of Clayton. The Division's Raleigh Regional Office concludes that the Town of Clayton violated Permit
Condition I (2) of Permit No. WQCS00110 by failing to effectively manage, maintain, and operate their collection
system so that there is no SSO (Sanitary Sewer Overflow) to the land or surface waters and the SSO constituted
making an outlet to waters of the State for purposes of G.S.143-215.1(a)(1), for which a permit is required by
G.S. 143-215.1.
The Raleigh Regional Office Is providing the Town of Clayton an opportunity to provide evidence and justification
as to why the Town of Clayton should not be assessed a civil penalty for the violation(s) that are summarized
below:
Incident Start Duration
Number Date (Mins) Location
Cause
202200410 3/17/2022 240 1000 Durham Street Severe Natural
Condition
Total Vol
Total Surface
Vol Water
(Gals) (Gals) DWRAction
44,800 44,800 Notice of Violation -
Noice of Intent
202200476 3/24/2022 30 1000 Durham Street Other, Severe Natural 18,000 0 Notice of Violation
Condition
Meth CaalnDe,ortnia,ld6ukarMeiulQuaky . DMhloodWar Reeowaa
R+kM laglorrlef ks l MIOOhtea.e0eds • Wel*North Wain Mt
lINl91A]00

This Notice of Violation / Notice of Intent to Enforce (NOV/NOD is being issued for the noted violation. Pursuant
to G.S. 143-215.6A, a dvil penalty of not more than twenty-five thousand dollars ($25,000.00) may be assessed
against any person who violates or fails to act in accordance with the terms, conditions, or requirements of any
permit issued pursuant to G.S. 143-215.1.
This office requests that you respond to this Notice, in writing, within 10 business days of its
receipt: In your response, you should address the causes of non-compliance, remedial actions, and all other
actions taken to prevent the recurrence of similar situations. The response to this correspondence will be
considered in this process. Enforcement decisions will also be based on volume spilled, volume reaching surface
waters, duration and gravity, impacts to public health, fish kills or recreational area closures. Other factors
considered in determining the amount of the dvil penalty are the violator's history of non-compliance, the cost of
rectifying the damage, whether the spill was intentional and whether money was saved by non-compliance.
If you have any questions, please do not hesitate to contact Mitchell Hayes with the Water Quality Section in
the Raleigh Regional Office at 919-791-4200 or via email at [e-mail].
Cc: Raleigh Regional Office - WQS File
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Sincerely,
Scott Vinson, Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ
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Permit Enforcement History Details by Owner

North Carolina Department of Environmental Quality
Pat McCrory
Governor
November 6, 2015
Mr. R. Steven Biggs, Town Manager
Town of Clayton
PO Box 879
Clayton, NC 27528
Subject: Permit No. WQCS00110
Town of Clayton
Town of Clayton Collection System
Johnston County
Donald R. van der Vaart
Secretary
ropau 46F
Dear Mr. Biggs: t '.
In accordance with your application received June 26, 2015, we are forwarding herewith Permit No.
WQCS00110, dated November 6, 2015, to the Town of Clayton for the operation and maintenance of the
subject wastewater collection system.
This permit shall be effective from January 1, 2016 until December 31, 2024 and shall be subject to the
conditions and limitations specified herein. It is your responsibility to thoroughly review this permit. Please
pay particular attention to the monitoring and reporting requirements in this permit and any special
conditions.
Changes have been made to the boiler plate language of the permit. Most of the changes are for clarification
purposes, however Condition 1(3) has been removed. The Department of Environmental Quality (DEQ)
believes that condition was included erroneously in previous permits. It was included based on proposed
rulemaking by EPA which was never promulgated and, in the continued absence of Federal regulations, DEQ
lacks authority to include such language in a permit. DEQ will continue to exercise enforcement discretion
when evaluating sanitary sewer overflows that may be considered to be beyond the reasonable control of the
Permittee. A highlighted copy of the permit identifying the changes made is available at:
http://porta 1.ncdenr.org/web/wq/sw0Lps/cs/a bps
For purposes of permitting, the collection system is considered to be any existing or newly installed system
extension up to the wastewater treatment facility property or point of connection with a separately owned
sewer system. The collection system is considered all gravity lines, pump stations, force mains, low pressure
sewer systems, STEP systems, vacuum systems, etc. and associated piping, valves and appurtenances that
help to collect, manage and transport wastewater to a wastewater treatment plant under the Permittee's
ownership or maintained and operated by the Permittee through a perpetual legal agreement. Satellite
systems are systems tributary to the Permittee's collection system but those collection systems are not owned
or maintained by the Permittee. The system description provided on Page 1 of this permit is meant to provide
a general idea about the size of the system and may not be all inclusive of the collection system at the time of
permit issuance or afterward.
1617 Mail Service Center, Raleigh, North Carolina 27699-1617
Phone: [phone] Internet: www.ncwaterquality.org
An Equal opportunity %Affirmative Action Employer — Made in part by recycled paper

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1. Aldo Addieaaed tat
Ri Cappola, Interim Town Manager
T,, of Clayton
Pam` ,x 879
Cl. �+ n, NC 27528-0879
CIa• Collection System
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