WQCS00110_DV-2022-0085 Remission (Decision)_20230131

DocuSign Envelope ID: 52CO3FDD-B483-4185-99CD-467CACB4D566
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
NORTH CAROLINA
Environmental Quality
1/31/2023
CERTIFIED MAIL 7018 0040 0001 1449 6528
RETURN RECEIPT REQUESTED
Rick Cappola, City Manager
Town of Clayton
P.O. Box 879
Clayton, NC 27528-0879
Subject: REMISSION REQUEST
CIVIL PENALTY ASSESSMENT
Town of Clayton Collection System
Johnston County
PERMIT NO: WQCS00110
CASE NO: DV-2022-0085
Dear Permittee:
The Division has considered the information submitted in support of your request for remission in
accordance with G.S. 143-215.6A(f) and has decided to modify the initial civil penalty assessment of
$1286.57 ($1250.00 civil penalty plus $36.57 enforcement) to the total amount of $1036.57 ($1000.00 civil
penalty plus $36.57 enforcement).
Should you choose to pay the modified penalty, payment should be tendered to me at the letterhead address
within thirty (30) days of receipt of this letter. Please make checks payable to the Department of
Environmental Quality.
You also have the option of presenting your request to the Committee on Civil Penalty Remissions, which
is comprised of members of the Environmental Management Commission. The Committee may consider
such requests and render final and binding decisions in these matters. You may argue your request before
the Committee, and the Division staff will argue against any reduction of the assessment.
Should you choose to present your request to the Committee, please notify me at the letterhead address
within thirty (30) days of the receipt of this letter. Your request will be placed on the agenda of an upcoming
Committee meeting, and you will be notified of the date and time. If the Division does not receive a
response regarding this notice, Division staff will automatically place your case on the agenda of a future
Committee meeting.
1:/_E
NORTH CAROLINA
Department of Environmental Quality
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617
919.707.9000

DocuSign Envelope ID: 52CO3FDD-B483-4185-99CD-467CACB4D566
If you have any questions, please call Celeste Sugg at [phone] or via e-mail at
[e-mail]. Thank you for your cooperation in this matter.
Sincerely,
DocuSigned by: c
(1ka4tIL ItutAltiotlit
C464531431644FE...
Richard E. Rogers, Jr.
Director, Division of Water Resources
Attachment: DWR Civil Assessment Remission Factor Sheet (copy) &
Request for Oral Presentation Sheet
cc: Laserfiche
NCDEQ Raleigh Regional Office
£ D_E
NORTHCAROLINA
Department of Environmental Duel
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617
919.707.9000

DocuSign Envelope ID: 52CO3FDD-B483-4185-99CD-467CACB4D566
DIVISION OF WATER RESOURCES
CIVIL PENALTY REMISSION FACTORS
Case Number: DV-2022-0085 Region: RRO County: Johnston
Assessed Entity: Town of Clayton Permit: WQCS00110
❑ (a) Whether one or more of the civil penalty assessment factors were wrongly applied to
the detriment of the petitioner:
• (b) Whether the violator promptly abated continuing environmental damage resulting
from the violation:
Permittee States: TheTown of Clayton Utility Staff acted quickly and efficiently
to abate the spill and clean up the affected areas. The town had portable pumps
in their fleet and were able to bring one to the site to slow the spill until a
contractor could bring in the replacement pump.
DWR Response: The Town's response was prompt and prevented additional environmental damage.
• (c) Whether the violation was inadvertent or a result of an accident:
Permittee States: 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.
DWR Response: Although the SSO may have been inadvertent it did result because of the Town's
contractor bypassing the line and could have prevented with better planning, execution and oversight
by the Town and their contractors.
(d) Whether the violator had been assessed civil penalties for any previous violations:
❑ (e) Whether payment of the civil penalty will prevent payment for the remaining
necessary remedial actions:
DECISION (Check One)
Request Denied ❑
Full Remission ❑ Retain Enforcement Costs? Yes ® No ❑
Original Penalty (without Enforcement Costs) $ 1250.00 (enter amount)
Partial Remission in % 20 or $ 250.00 (amount remitted)
Subtotal $ 1000.00
Retaining Enforcement Costs $ 36.57
Total Revised Assessment $ 1036.57
1- DocuSigned by:
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For Richard E. Rogers, JR.

DocuSign Envelope ID: 52CO3FDD-B483-4185-99CD-467CACB4D566
WQCS00110 Remission Decision
STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
COUNTY OF Johnston DWR Case Number DV-2022-0085
IN THE MATTER OF ASSESSMENT OF
CIVIL PENALTIES AGAINST:
Town of Clayton
REQUEST FOR ORAL PRESENTATION
I hereby request to make an oral presentation before the Environmental Management Commission's Committee on Civil
Penalty Remissions in the matter of the case noted above. In making this request, I assert that I understand all of the
following statements:
• This request will be reviewed by the Chairman of the Environmental Management Commission and may be
either granted or denied.
• Making a presentation will require the presence of myself and/or my representative during a Committee meeting
held in Raleigh, North Carolina.
• My presentation will be limited to discussion of issues and information submitted in my original remission
request, and because no factual issues are in dispute, my presentation will be limited to five (5) minutes in length.
The North Carolina State Bar's Authorized Practice of Law Committee has ruled that the appearance in a representative
capacity at quasi-judicial hearings or proceedings is limited to lawyers who are active members of the bar. Proceedings
before the Committee on Remissions are quasi-judicial. You should consider how you intend to present your case to the
Committee in light of the State Bar's opinion and whether anyone will be speaking in a representative capacity for you
or a business or governmental entity. If you or your representative would like to speak before the Committee, you must
complete and return this form within thirty (30) days of receipt of this letter.
Depending on your status as an individual, corporation, partnership or municipality, the State Bar's Opinion affects how you
may proceed with your oral presentation. See www.ncbar.com/ethics, Authorized Practice Advisory Opinion 2006-1 and 2007
Formal Ethics Opinion 3.
• If you are an individual or business owner and are granted an opportunity to make an oral presentation before the
Committee, then you do not need legal representation before the Committee; however, if you intend on having another
individual speak on your behalf regarding the factual situations, such as an expert, engineer or consultant, then you
must also be present at the meeting in order to avoid violating the State Bar's Opinion on the unauthorized practice of
law.
• If you are a corporation, partnership or municipality and are granted an opportunity to make an oral presentation before
the Committee, then your representative must consider the recent State Bar's Opinion and could be considered
practicing law without a license if he or she is not a licensed attorney. Presentation of facts by non -lawyers is
permissible.
If you choose to request an oral presentation, please make sure that signatures on the previously submitted Remission Request
form and this Oral Presentation Request form are: 1) for individuals and business owners, your own signature and 2) for
corporations, partnerships and municipalities, signed by individuals who would not violate the State Bar's Opinion on the
unauthorized practice of law.
Also, be advised that the Committee on Civil Penalty Remissions may choose not to proceed with hearing your case if the
Committee is informed that a violation of the State Bar occurs.
This the
day of , 20
SIGNATURE TITLE (President, Owner, etc.)
ADDRESS
TELEPHONE ( )