WQCS00110_Remission Request (DV-2022-0085)_20220920

MAYOR MAYOR PRO TEM
Jody L. McLeod Jason Thompson
TOWN MANAGER C A R�l� COUNCIL MEMBERS
Richard 1).Cappola,Jr. ,``r. -ii_ 2 Andria Archer
Porter Case
.
TOWN ATTORNEY 0 L v :1 Y'N Avery Everett
t
Cauley Pridgen, P.A. Michael Sims
i
_
Attn: PERCS Branch
Division of Water Resources
1617 Mail Service Center
Raleigh,North Carolina 27699-1617
Mr. Scott Vinson,Regional Supervisor `E `I�D
Water Quality Regional Operations Section RE ' V
Raleigh Regional Office, 202a
Division of Water Resources,NCDEQ SE? 2
1628 Mail Service Center
Raleigh,NC 27699-1628 NcOE(IIOWRINPDES
SUBJECT: Case No.DV-2022-0085
Town of Clayton Collection System Permit Number WQCS00110
Request for Remission of Civil Penalties
Dear Mr. Vinson:
The following is in response to the Notice of Violation and Assessment of Civil Penalty letter dated August
12, 2022, received August 19, 2022, and pertaining to incident number 202200410. The Town of Clayton formally
requests remission of the assessed $1,250.00 civil penalty based on "the violator promptly abated continuing
environmental damage resulting from the violation"and"the violation was inadvertent or result of an accident."
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 — 1.03 — 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.
"ThinkCILLT"ra\I
PO Box 879 • Clayton,NC 27528 • 919-553-5002 Fax [phone] • ClaytoiiNC.org • Page 1 of 3

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 berm 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 reviewed their previous calculations and determined
the need to increase 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.
The violator promptly abated continuing environmental damage resulting from the violation
Town of Clayton Utility Staff acted quickly and efficiently to abate the spill and clean up the affected areas.
Water Resources Superintendent James Blalock found the spill and began mobilizing town staff and contractors to the
site to address the problem. The Town has portable pumps in our fleet and were able to bring one to the site to slow
the spill to allow for the contractor to bring a replacement pump. The Town's relationship with local septic haulers
also allowed for outside help to respond quickly to control the situation while the contractors pump was being replaced.
With the size of line and amount of flow in the line, the overflow and environmental damage could have been
significantly worse if Town did not have the staff and equipment resources readily available. Further, the response
and sequence of events was strategic to minimize environmental impacts.During the response,staffing resources were
divided and utilized in an organized approach to focus on the appropriate order of tasks to minimize the environmental
impact.The Town staffing and equipment response was efficient and without any delay.
The violation was inadvertent or result of an accident
Town of Clayton staff understood the risks associated with working in live sewer and had attempted to
mitigate those risks to the maximum extent possible. The Town required full pumping redundancy and 24/7 pump
watch. Further, 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.The Town significantly
planned and prepared prior to beginning the work,however,staff can not completely mitigate all risks of an accident
under such repair and conditions.The Town staff,contractor,and sub-contractor had implemented numerous plans to
reduce clogging,but unfortunately, an accident still occurred. The Town was being proactive in replacing an aging
line to reduce risks of overflows from an older line. To replace the line, there were no other options other than to
bypass pump.There was a need to perform the work and greater risks if the Town did not perform the line replacement.
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PO Box 879 • Clayton,NC 27528 • 919-553-5002 '`V NOR IICAR0l1 U Fax [phone] • ClaytonNC.org • Page 2 of 3

In conclusion,the Town planned and prepared to greatest extent possible,but was unable to mitigate all risks and what
occurred was inadvertent and accidental.
Please contact me if any additional information is required at this time. Thank you for the attention provided to our
response.
Sincerely,
i G/
/t___
James Blalock
Maintenance Superintendent
Water Resources Department
Town of Clayton
Enclosures
Cc: Rich Cappola,PE,Town Manager
Collection System File
,Think
PO Box 879 • Clayton,NC 27528 • 919-553-5002 '" Fax [phone] • ClaytonNC.org • Page 3 of 3

JUSTIFICATION FOR REMISSION REQUEST
Case Number: DV-2022-0085 County: Johnston
Assessed Party: Town of Clayton
Permit No.: WQCS001 10 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. I43B-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 future occurrences);
X (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 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 (i.e., explain
how payment of the civil penalty will prevent you from performing the activities necessary to achieve
compliance). RECEIVED
EXPLANATION: S E P 2 0 2022
NCDEQ/DWRINPDES
ReAs- sa" `77A6v�-

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
COUNTY OF JOHNSTON
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND
) STIPULATION OF FACTS
Town of Clayton )
Clayton Collection System )
PERMIT NO. WQCS001 10 ) 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 11464 day of -ef7Pyy1 , 20
SIGN
ADDRESS
RECEIVED c\q' 0) ;76on
2 0 2022
NCDEQIDWRINPDES
TELEPHONE
Cl 1° 44-S3- S00 c

ATTACHMENT A
Town of Clayton
CASE NUMBER: DV-2022-0085
PERMIT NO: WQCS00110 REGION: Raleigh
FACILITY: Clayton Collection System COUNTY: Johnston
Other Violations
INCIDENT VIOLATION TOTAL VOLUME PENALTY
NUMBER DATE VIOLATION TYPE VIOLATION DESCRIPTION (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

PROVIDENCE
March 25, 2022
Joshua Baird
Town of Clayton
111 East Second Street
Clayton, NC 27520
[e-mail]
Re: Little Creek Sewer Outfall Bypass Pump Failure
Mr. Baird,
I 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 logs
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 r4.0

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 RFI'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 JBl to existing manhole E17, 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. I 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 1919-726-3206

FOR
a \�Z 5101 Office Park Drive, Suite 100
Cr. y Bakersfield, CA 93309
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:
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
800 742 7246 I rainforrent.com

FOR
5101 Office Park Drive, Suite 100
a t EL y 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 [e-mail].
Sincerely,
Dario Catallo
Branch Manager
Pumps Tanks Pipe Filtration Spillguards
800 742 7246 I rainforrent.com