WQCS00110_NOV-2022-DV-0230_20220817

ROY COOPER
Governor
ELIZABETH 5. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
Certified Mail # 7020 3160 0000 4109 0027
Return Receipt Requested
Rich Cappola, Interim Town Manager
Town of Clayton
PO Box 879
Clayton, NC 27528-0879
NORTH CAROLINA
Environmental Quality
August 17, 2022
SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY
Tracking No.: NOV-2022-DV-0230
Sanitary Sewer Overflows - July 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 Reports 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
Total Vol
Total Surface
Vol Water
(Gals) (Gals) DWR Action
202201071 7/7/2022
60 109 Lake Dr, Clayton, Power Outage,
NC, 27520 Severe Natural
Condition
2,100 2,100 Notice of Violation -
Notice of Intent
202201187 7/27/2022 94 850 South Lombard St Other
95,900 75,000 Notice of Violation —
Notice of Intent
North Carolina Department of Environmental Quaky I Division of Water Resources
Raleigh Regional Office i 3600 Swett Drive I Raleigh, North Carolina 27609
919.791.4200

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 Carolina Deportment of En troommtal Quality I Division of Water Resources
Raleigh Regional office 3800 Barrett Drive ! Raleigh North Carolina 27609
9I9.7%4200