WQCS00270_CPA Folder_DV-2024-0079_20240801

Docusign Envelope ID: FE5CODDO-91A2-409E-AD54-3B32DBE07D8A
DIVISION OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT
Violator: Town of Smithfield
Facility Name: Smithfield Collection System
Permit Number: WOCS00270
County: Johnston
Case Number: DV-2024-0079
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;
A total of 13,000 gallons of wastewater overflowed from the Smithfield Collection System due to pump station equipment
failure (air release valve). 6,500 gallons of wastewater flowed to an unnamed tributary to the Neuse River class WS-
V;NSW in the Neuse River Basin. Nutrients and pathogens to surface waters.
2) The duration and gravity of the violation;
The SSO started on March 28, 2024, at 10:15 pm. No 5-day report was submitted indicating an end time for the incident.
3) The effect on ground or surface water quantity or quality or on air quality;
The effect on surface water quality includes nutrients and pathogens to surface waters.
4) The cost of rectifying the damage;
The cost of rectifying the damage was not provided.
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 have been no civil penalty assessments issued within the past 12 months to the permittee for violations of the
Smithfield collection system permit.
8) The cost to the State of the enforcement procedures.
$95.36
7/31/2024
Date
DocuSigned by:
John Hennessy, Section Chief
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ

Docusign Envelope ID: FE5CODDO-9lA2-409E-AD54-3B32DBE07D8A
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS,IR.
Director
Certified Mail # 7017 0190 0000 2485 8909
Return Receipt Requested
Walter Credle
Town of Smithfield
PO Box 761
Smithfield, NC 27577
NORTH CAROLINA
Environmental Quality
7/31/2024
SUBJECT: Notice of Violation and Assessment of Civil Penalty
for Violations of North Carolina General Statute (G.S.) 143-215.1(a)(6)
and Collection System Permit No. WQCS00270
Town of Smithfield
Smithfield Collection System
Case No. DV-2024-0079
Johnston County
Dear Mr. Credle:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $595.36 ($500.00 civil penalty +
$95.36 enforcement costs) against Town of Smithfield.
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 Smithfield. This review has shown the subject facility to be in violation of the
requirements found in Collection System Permit No. WQCS00270 and G.S. 143-215.l(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 Smithfield violated the terms, conditions or
requirements of Collection System Permit No. WQCS00270 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 maybe assessed
against any person who violates the terms, conditions or requirements of a permit required by G.S. 143-215.1(a).
-D. � North Carolina Departmentof Envtronmental Quality I Division of Water Resources
Raleigh Regional Office 13800 Barrett brive I Raleigh. North Carolina 2704
919,791.4Z00

Docusign Envelope ID: FE5CODDO-91A2-409E-AD54-3B32DBE07D8A
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, John
Hennessy, Section Chief, Water Quality Regional Operations hereby make the following civil penalty assessment against
Town of Smithfield:
$500.00 For 1 of the 1 violations of Collection System Permit No. WQCS00270 and G.S. 143-215.1(a)(1) for
Sanitary Sewer Overflow(s) resulting in a discharge without a valid permit.
$500.00 TOTAL CIVIL PENALTY
95.36 Enforcement Costs
595.36 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

Docusign Envelope ID: FE5CODDO-91A2-409E-AD54-3B32DBE07D8A
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. I (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) dgys 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
OR
Vanessa Manuel, Assistant Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ
1628 Mail Service Center, Raleigh
Raleigh, NC 27699-1628

Docusign Envelope ID: FE5CODDO-91A2-409E-AD54-3B32DBE07D8A
Option 3: File a petition for an administrative hearine 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 §15013-23.2) 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 Kevin Fowler with the Division of Water Resources staff of the Raleigh Regional
Office at [phone] or via email at [e-mail].
Sincerely,
E8ocuSigned by: F-DffiB44CE9EB4A1...
John Hennessy, Section Chief
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ
ATTACHMENTS
Cc: Laserfiche

Docusign Envelope ID: FE5CODDO-91A2-409E-AD54-3B32DBE07D8A
JUSTIFICATION FOR REMISSION REQUEST
Case Number: DV-2024-0079
Assessed Party: Town of Smithfield
County: Johnston
Permit No.: WQCS00270 Amount Assessed: $595.36
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 (i.e., 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 (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).
EXPLANATION:

Docusign Envelope ID: FE5CODDO-91A2-409E-AD54-3B32DBE07D8A
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 Smithfield )
Smithfield Collection System )
PERMIT NO. WQCS00270 ) CASE NO. DV-2024-0079
Having been assessed civil penalties totaling $595.36 for violation(s) as set forth in the assessment document of the Division
of Water Resources dated 7/31/2024 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 520
SIGNATURE
ADDRESS
TELEPHONE

Docusign Envelope ID: FE5CODDO-91A2-409E-AD54-3B32DBE07D8A
ATTACHMENT A
Town of Smithfield
CASE NUMBER: DV-2024-0079
PERMIT NO: WQCS00270 REGION: Raleigh
FACILITY: Smithfield Collection System COUNTY: Johnston
Other Violations
INCIDENT VIOLATION TOTAL VOLUME PENALTY
NUMBER DATE VIOLATION TYPE VIOLATION DESCRIPTION (GALLONS) AMOUNT
202400734 3/28/2024 CSO/SSO(Sewer Overflow) Discharge without valid permit $500.00

ROY COOPER
Governor
ELIZABETH S. BISER
Secrcfar)-
RICHARD E. ROGERS. JR.
Uir m for
Certified Mail # 7017 0190 0000 2486 0650
Return Receipt Requested
Walter Credle
Town of Smithfield
PO Box 761
Smithfield, NC 27577
NORTH CAROLINA
Environmental Quality
April 09, 2024
SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY
Tracking No.: NOV-2024-DV-0195
Sanitary Sewer Overflows - March 2024
Collection System Permit No. WQCS00270
Smithfield Collection System
Johnston County
Dear Mr. Credle:
A review has been conducted of the self -reported Sanitary Sewer Overflows (SSO's) 5-Day Reports submitted by
Town of Smithfield. The Division's Raleigh Regional Office concludes that the Town of Smithfield violated Permit
Condition is (2) of Permit No. WQCS00270 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 Smithfield an opportunity to provide evidence and justification
as to why the Town of Smithfield should not be assessed a civil penalty for the violation(s) that are summarized
below:
Incident Start Duration
Number Date (Mies) Location
Total Vol
Total Surface
Vol Water
Cause (Gals) (Gals)
202400734 3/28/2024 Unknown 702 Blount Street, Pump station 13,000 6,500
Smithfield, NC, 27577 equipment failure
N:Hth Car..unafkparSmrat wl F.n.�. nrtna^rtal QudLr. hr. Jon of Vl,nrrRw.ur•rr
_ R..k�yh Rn,�.nui OlFire —'W*1 ..m Dr'.r
NIA lull R..Ir�yh,NathC�r.eva >: n(r9
h.J....rw.:.,... �'� n
DW R Action
Notice of Violation -
Intent to Assess

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 Kevin Fowler with the Water Quality Section in the
Raleigh Regional Office at 919-791-4261 or via email at [e-mail].
Cc: Laserfiche
Sincerely,
CDocuSigned by
UaLU,SSa f . AtAO ' , r for
B2916RAB32144 F
Michael Hall, Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ
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Michael L Scott, Town Manager
Greg Siler, Finance Director
Tim Kerigan, Human Resources/PIO
Shannan Parrish, Town Cleric
Beth McKeel, Admin Assistant
Telephone: 919.934.211E
Date: April 23, 2024
�THFZE�D
To: Mr. Michael I call, Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDCQ
3800 Barrett Drive
Raleigh, NC 27609-1628
From: Walter Credle, Public Utilities Director
Town of Smithfield
230 Hospital Road
Smithfield, NC 27577
Re: NOV-2024-DV-0195
Incident Number 202400734 Tow-n of Smithfield SSO
Mr. I Ial1:
3S0 East Market Street
Post Office Box 761
Smithfield, NC 27577
Fax: [phone]
In response to the written Notice of Violation referenced above, please accept this letter as an explanation of
what occurred and what action was taken in response:
On March 28, 2024 Town staff was alerted to a sewer overflow from a manhole along BIOl111t Street. Staff
was dispatched and reacted immediately. When staff arrived on site, they began the process of clearing a
blockage from the gravity line that was overflowing. The clearing eliminated the overflow and normal flow
resulled. Since this incident did not reach any open water and was well under 1,000 gallons, it v,,as not
reported.
The next morning a repeat call alerted staff that the real culprit had been a parallel force main that emptied
into the gravity line. It had activated in the overnight and caused a spill; clue to a rusted air -release valve that
was leaking. During the previous nights activities, the pump station had never switched "on" so cre%Ns
believed the situation had been resolved. This "second" spill resulted in about 13,000 gallons of sewage
spilling, with about 6,500 gallons reaching surface water.
At this time, the pump station was shut down and repairs to the air release valve were Made. After repairing
the ValVC, staff Liscd the VaCU11111 truck to clean fill as 111UC11 of the spillage as possible. Tile affected soil was
covered in lime and pine straw. An affected residence's gravel drive was removed and replaced with fresh
stone.
If you need anything further, or have any additional questions; please feel free to contact nee at your
convenience at 919-934-2798, of send an e-mall to tee1.crectlef4L�nlitllili:Id-Ilc.colll.

Thank you for your tillle in this matter.
Sincerely,
Walter Credle
Public Utilities Director
enclosures
Cc. Mr. Kevin fowler, Environmental Specialist 1, NCDEQ
Mr. Pat Butler, Water & Sewer Superintendent, Town ol'Smithfield

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DocuSign Envelope ID 48E1F02D-A013-4A 37-1A71F2287A33
C,or,.r•,vr
ELIZABL'f l I S. BISLR
Se'rrtar7-
RICHARD E. ROGERS JR.
Michael L. Scott, Mayor
Smithfield Col-ection System
350 E. Market Street
Smithfield, NC 27577
Subject: Permit No. WQCS00270
Smithfield Collection System
Johnston County
Dear Mr. Scott
W
i
_A
rivironmen--1; 07D Ji-ey
August 3, 2022
In accordance with your application received March 3, 2021, and the additional information received June 7, 2022, we are
forwarding herewith Permit No. WQCS00270, dated August 3, 2022, to the Town of Smithfield for the operation and
maintenance of the subject wastewater collection system.
This permit shall be effective from August 3, 2022 until July 31, 2030 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 permit. Most of the changes are for clarification purposes, however Condition 1(3) has
been removed. The Department of Environmentat 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 author=ty 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:
htt s: files.nc. ov ncde Water%20 ualit Surface%20Water Pr.20Protection PERCS WCS%20 Collection%205 stern U
dated%20WQCS%20Template%2015.05.18�/o20(highlighted). odf
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 po-nt 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 perpetua- 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.
A discharge of wastewater to the environment from the Permittee's wastewater collection system prior to reaching the
wastewater treatment facilities is referred to herein as a San-tary Sewer Overflow (SSO). The evaluation of enforcement
options after an SSO will be determined considering all relevant information ava,.able or requested of the Permittee.
Compliance w'th all conditions of the permit as well as all statutes and regulations pertaining to the wastewater collection
system must be maintained or appropriate enforcement actions may be taken as noted in Condition VI (2).
If you have an NPDES permit or permits, please be aware of independent NPDES SSO reporting requirements (see 40 CFR
122.41(l)). Please also be aware that NPDES permittees must electronically report compliance monitoring data, including
Sewer Overflow/ Bypass Event Reports, starting December 21, 2025 (or later if there is an EPA -approved alternative date
(see 40 CFR 127 24(e) or (f)j. Your WQCS permit does not alter or modify any NPDES permit requirements.

ign Envelope ID- 48E1F02D-A013-4A87-B337- F2287A33
Smithfield Collection System
Permit No. WQCS00270
A reportable SSO is an SSO greater than 1,000 gallons to the ground or an SSO of any amount that reaches surface water
(including through ditches, storm drains, etc.). Reporting requirements including the required verbal report and written
report to the appropriate regional office are referenced in Condition IV (2). Form CS-SSO can be downloaded from the SSO
Reporting area at:
htt P s: files.nc.gov/n cd eWater%20 uaIit Surface%20Water%20Protection PERCS WCS%20 SSO%20Documents CS-
SSO(20151.pdf
A notice of deficiency (NOD), notice of violation (NOV), civil penalty, and/or a moratorium on the addition of waste to the
system may be issued if adequate justification for an SSO is NOT submitted to the regional office. In order to submit a
claim for justification of an SSO, you must use Part II of form CS-SSO with additional documentation as necessary. DWR
staff will review the justification claim and determine if enforcement action is appropriate. Please be advised that the
information needed to justify a spill is very comprehensive.
If any parts, requirements, or limitations conta:ned in this permit are unacceptable, you have the right to request an
adjudicatory hearing upon written request within thirty days following the receipt of this permit. This request must be in
the form of a written petition, conforming to Chapter 150E of the North Carolina General Statutes, and filed with the
Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699-6714, Unless such demands are made, this
permit shall be final and binding.
If you have questions regarding compliance, please contact the appropriate regional office. If you need additional
information concerning this permit, please contact Permit Writer via email at marauan.martin(a-ncdenr.sov or via
telephone at [phone].
Sincerely,
r—VocuSigned by: `'•F1
I'ru� •"WV�I��
G464531431644FE
for Richard E. Rogers, Jr.
Director, Division of Water Resources
by Michael Montebello, Supervisor
Municipal Permitting Unit, Division of Water Resources
et'. Regional Office, Water Quality Regional Operations
Laserfiche
Municipal Permitting Unit Files
Maureen Kinney, NC Operators Certification Program

DocuSign Envelope 10 48EIF02D-A013-4, 37-1A71F2287A33
STATE OF NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
DEPARTMENT OF ENVIRONMENTAL QUALITY
SYSTEM -WIDE COLLECTION SYSTEM PERMIT
In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended,
and other applicable Laws, Rules, and Regulations, permission is hereby granted to the
Town of Smithfield
WQCS00270
FOR THE
operation and maintenance of a wastewater collection system consisting of, at the time of permit issuance,
approximately 86 miles of gravity sewer, approximately 6.6 miles of force main, duplex pump stations, and all
associated piping, valves, and appurtenances required to make a complete and operational wastewater
collection system to serve the Town of Smithfield and any deemed permitted satellite communities pursuant to
the application received march 3, 2021, and the additional information received June 7, 2022, and in conformity
with the documents referenced therein and other supporting data subsequently filed and approved by the
Department of Environmental Quality and considered a part of this permit.
This permit shall be effective from August 3, 2022 until July 31, 2030 and shall be subject to the following
specified conditions and limitations:
Smithfield Collection System Permit No. WQCS00270 Page 3 of 9

sign Envelope ID 48£1F02D-A013.4A87-B337- F2287A33
1. PERFORMANCE STANDARDS
The sewage and wastewater collected by this system shall be treated in the properly permitted Wastewater
Treatment Facility identified in 'the permit application and documented in the Division's database.
[15A NCAC 02T.0108(b)]
2. The wastewater collection system shall be effectively managed, maintained and operated at all times to
prevent discharge to land or surface waters, and to prevent any contravention of groundwater standards or
surface water standards. In the event that the wastewater collection system fails to perform satisfactorily,
including the creation of nuisance conditions, the Permittee shall take immediate actions as per the
Response Action Plan (Condition 11 (9)), as well as any actions that may be required by the Division of Water
Resources (Division), such as the construction of additional or replacement sewer lines and/or equipment.
(15A NCAC 02T.0108(b))
3. The Permittee shall establish by ordinance, inter -local agreement or contract its legal authority to require
new sewers be properly constructed; to ensure proper inspection and testing of sewer mains and service
laterals; to address flows from satellite systems and to take enforcement action as required by Condition 1
(4). [G.S. 143-215.913; G.S. 143-215.1(f)(1)]
4. The Permittee shall develop and implement an educational fats, oils and grease program that shall include
at least semiannual distribution of educational material targeted at both residential and non-residential
users. The Permittee shall also develop and implement an enforceable fats, oils and grease program for non-
residential users under which the Permittee can take enforcement against users who have not properly
installed, operated and maintained grease traps or grease interceptors as directed or otherwise violated the
terms of the enforcement program pertaining to fats, oils and grease. [15A NCAC 02T.0108(b)]
The Permittee shall adopt and implement a Capital Improvement Plan (CIP) to designate funding for
reinvestment into the wastewater collection system infrastructure. The CIP should address the short-term
needs and long-term "master plan" concepts. The CIP should typically cover a three to five-year period and
include a goal statement, description of the project area, description of the existing facilities, known
deficiencies (over a reasonable period) and forecasted future needs. Cost analysis is integral to the CIP.
[G.S. 143-215.9131
6. Overflow piping from manholes and pump stations, excluding piping to approved equalization structures,
known or discovered after permit issuance shall be immediately removed or permanently capped. Plugged
or valved emergency pumping connections are allowable for portable pumping or rerouting without
intentionally bypassing the wastewater treatment facility. [15A NCAC 02T.0108(b)]
7. The Permittee shall maintain a contingency plan for pump failure at each pump station. If one of the pumps
in a pump station containing multiple pumps fails, the process of repairing or replacing the pump shall be
initiated immediately and the new parts or pump shall be installed as soon as possible. The permittee shall
provide justification for delay in initiating the process for repair or replacement at the Division's request. If
the pump in a simplex pump station serving more than a single building or pump stations not capable of
pumping at a rate of 2.5 times the average daily flow rate with the largest pump out of service fails, it shall
be replaced immediately. [15A NCAC 02T.0305(h)(1)]
SmithfieA Collection System Permit No. WQCS00270 Page 4 of 9

DocuSign Envelope ID 48E I F02D-AO 1 3-4A(> 37-1A71F2287A33
8. Each pump station shall be clearly and conspicuously posted with a pump station identifier and an
emergency contact telephone number at which an individual who can initiate or perform emergency service
for the wastewater collection system 24 hours per day, seven days per week can be contacted. This
emergency contact telephone number shall be coupled with instructions that the emergency contact should
be called if the visual alarm illuminates, if the audible alarm sounds, or if an emergency is apparent.
[15A NCAC 02T.030S(h)(2)]
9. Pump station sites, equipment, and components shall have restricted access. [15A NCAC 02T.0305(h)(4)]
10. Pump stations that do not employ an automatic polling feature (i.e. routine contact with pump stations from
a central location to check operational status of the communication system) shall have both audible and
visual high water alarms. The alarms shall be weather-proof and placed in a clear and conspicuous location.
Permits issued for the construction of pump stations that included high water alarms in the description must
maintain the alarms even if simple telemetry (i.e. notification of an alarm condition initiated by the pump
station control feature) is installed. [15A NCACO2T.0305(h)(1)]
11. For all newly constructed, modified and rehabilitated pump stations, all equipment and components -shall
be sealed within a corrosion -resistant coating or encasement to the extent practicable and equivalent to the
minimum design criteria unless the permittee can demonstrate it is not practicable or another form of
corrosion resistance is employed. [15A NCAC 02T.0108(b)]
II. OPERATION AND MAINTENANCE REQUIREMENTS
Upon classification of the collection system by the Water Pollution Control System Operators Certification
Commission (WPCSOCC), the Permittee shall designate and employ a certified operator to be in responsible
charge (ORC) and one or more certified operator(s) to be back-up ORC(s) of the facilities in accordance with
15A NCAC 8G.0201. The ORC shall visit the system within 24 hours of knowledge of a bypass, spill, or
overflow of wastewater from the system, unless visited by the Back -Up ORC, and shall comply with all other
conditions of 15A NCAC 8G .0204. [15A NCAC 08G.0200 et. seq.]
The Permittee shall develop and adhere to a schedule for reviewing all inspection, maintenance, operational
and complaint logs. If the review process results in the identification of any recurring problem in the
wastewater collection system that cannot be resolved in a short time period, the Permittee shall establish a
plan for addressing the problem(s). [15A NCAC 02T.0108(b)]
The Permittee shall develop and adhere to a schedule for testing emergency and standby equipment.
[15A NCAC 02T.0108(b)]
The Permittee shall develop and implement a routine pump station inspection and maintenance program
which shall include the following maintenance activities [15A NCAC 02T.0108(b)]:
a. Cleaning and removing debris from the pump station structure, outside perimeter, and wet well;
b. Inspecting and exercising all valves;
c. Inspecting and lubricating pumps and other mechanical equipment, and
d. Verifying the proper operation of the alarms, telemetry system and auxiliary equipment.
4. For each pump station without pump reliability (i.e. simplex pump stations serving more than a single
building or pump stations not capable of pumping at a rate of 2.5 times the average daily flow rate with the
Smithfield Collection System Permit No. WQCS00270 Page 5 of 9

J Sign Envelope U 48E1F020-AO13-4A87-B337-=2287A33
largest pump out of service), at least one fully operational spare pump capable of pumping peak flow shall
be maintained on hand. [15A NCAC 02T.0305(h)(1)(A)]
5. The Permittee shall maintain on hand at least two percent of the number of pumps installed, but no less
than two pumps, that discharge to a pressure sewer and serve a single building, unless the Permittee has
the ability to purchase and install a replacement pump within 24 hours of first knowledge of the simplex
pump failure or within the storage capacity provided in a sewer line extension permit.
[15A NCAC 02T.0108(b)]
6. Rights -of -way and/or easements shall be properly maintained to allow accessibility to the wastewater
collection system unless the Permittee can demonstrate the ability to gain temporary access in an
emergency situation where existing land -use conditions do not allow the establishment and maintenance of
permanent access. In this case, the Permittee shall continue to observe the lines visually, utilize remote
inspection methods (e.g. CCTV) and use the opportunity of drier conditions to perform further inspections
and necessary maintenance. (15A NCAC 02T.0108(b))
The Permittee shall assess cleaning needs, and develop and implement a program for appropriately cleaning,
whether by hydraulic or mechanical methods, the wastewater collection system. At least 10 percent of the
gravity wastewater collection system, selected at the discretion of the ORC, shall be cleaned each year.
Preventative cleaning is not required for sewer lines less than five years old unless inspection otherwise
reveals the need for cleaning or cleaning is required by a sewer line extension permit.
[15A NCAC 02T.0108(b)]
8. The Permittee shall maintain a Response Action Plan that addresses the following items at a minimum
[15A NCAC. 02T.0108(b)]:
a. Contact phone numbers for 24-hour response, including weekends and holidays;
b. Response time;
c. Equipment list and spare parts inventory;
d. Access to cleaning equipment;
e. Access to construction crews, contractors and/or engineers;
f. Source(s) of emergency funds;
g. Site restoration and clean up materials; and
h. Post-SSO assessment.
9. The Permittee, or their authorized representative, shall conduct an on site evaluation for all SSOs as soon as
possible, but if feasible no more than two hours after first knowledge of the SSO. The Permittee shall
document in its 5-day report why it was unable to initially respond to any SSO location within two hours.
(15A NCAC 02T.0108(b))
10. In the event of an SSO or blockage within the wastewater collection system, the Permittee shall restore the
system operation, remove visible solids and paper, restore any ground area and restore the surroundings.
[15A NCAC 02T.0108(b)]
111. RECORDS
Smithfield Collection System Permit No. WQCS00270 Page 6 of 9

` DocuSign Envelope ID. 48E1F02D-A0134A( 37-WIF2287A33
1, Records shall be maintained to document compliance with Conditions 1(4), 11(2) - 11(4), 11(71- 11(8), IV(3) and
V(1) -V(4). Records shall be kept on file for a minimum of three years. [15A NCAC 02T.0108(b))
2. The Permittee shall maintain adequate records pertaining to SSOs, and SSO or wastewater collection system
complaints for a minimum of three years- These records shall include, but are not limited to, the following
information (15A NCAC 02T-0108(b)):
a Date of SSO or complaint;
b Volume of wastewater released as a result of the SSO and/or nature of complaint;
c. Location of the SSO and/or complaint;
d. Estimated duration of the SSO;
e, individual from the Division who was Informed about the SSO and/or complaint, when
applicable;
f- Final destination of the SSO;
g, Corrective actions;
h. Known environmental/human health impacts resulting from the SSO; and
i. Now the SSO was discovered-
3, The Permittee shall maintain an up to -date, accurate, comprehensive map of its wastewater collection
system that also notes the locations where other wastewater collection systems become tributary. If a
comprehensive map of the collection system has not been established, a rough sketch shall be drawn. The
Permittee shall map approximately 10 percent of its existing collection system each year for the next ten
years beginning at the original permit issuance date, or until complete, whichever is sooner. The
comprehensive map shall include, but is not limited to: pipe size, pipe material, pipe location, flow direction.,
approximate pipe age, and each pump station identification, location and capacity- [15A NCAC 02T.0108(b)l
4, The Permittee shall maintain records of all of the modifications and extensions to the collection system
permitted herein. The Permittee shall maintain a copy of the construction record drawings and specifications
for modifications/extensions to the wastewater collection system for the life of the modification/extension.
Information concerning the extension shall be incorporated into the map of the wastewater collection
system within one year of the completion of construction. The system description contained within this
permit shall be updated to include this modification/extension information upon permit renewal. [15A
NCAC 02T.0108(b)]
IV. MONITORING AND REPORTING REQUIREMENTS
1. In the event of an SSO, the Division may require monitoring that is necessary to ensure surface water and
groundwater protection and an acceptable sampling and reporting schedule shall be implemented.
[15A NCAC 02T.0108(c)l
2. The Permittee shall verbally report to a Division of Water Resources staff member at the Rali!igh Regional
Office, at telephone number 919-791-4200 as soon as possible, but in no case more than 24 hours following
first knowledge of the occurrence of the following circumstances within the collection system which is under
the Permittee's ownership or maintained and operated by the Permittee through a perpetual legal
agreement:
a Any SSO and/or spill over 1,000 gallons to the ground, or
Smithfield Collection System Permit No. WQCS00270 Page 7 of 9

j sign Envelope ID 48E1F02D-A013-4A87-B337- -2287A33
b. Any SSO and/or spill, regardless of volume, that reaches surface water.
Voice mail messages or faxed information shall not be considered as the initial verbal report. SSOs (and other
types of spills) occurring outside normal business hours may also be reported to the Division of Emergency
Management at telephone number (800; 858-0368 or [phone].
Persons reporting any of the above occurrences shall file a spill report by completing Part I of Form CS-SSO
(or the most current Division approved form), within five business days following first knowledge of the
occurrence. This report shall outline the actions taken or proposed to ensure that the problem does not
recur. [G.S. 143-215.1C(a1)]
3. The Permittee shall meet the annual reporting and notification requirements provided in North Carolina
General Statute §143-215.1C.
V. INSPECTIONS
1. The Permittee orthe Permittee's designee shall inspect the wastewater collection system regularly to reduce
the risk of malfunctions and deterioration, operator errors, and other issues that may cause or lead to the
release of wastes to the environment, threaten human health or create nuisance conditions. The Permittee
shall keep an inspection log or summary including, at a minimum, the date and time of inspection,
observations made, and any maintenance, repairs, or corrective actions taken by the Permittee.
[15A NCAC 02T.0108(b)]
2. Pump stations that are not connected to a telemetry system (i.e., remote alarm system) shall be inspected
by the permittee or its representative every day (i.e., 365 days per year). Pump stations that are connected
to telemetry shall be inspected at least once per week. [15A NCAC 02T.0108(b)]
3. A general observation by the permittee or its representative of the entire wastewater collection system shall
be conducted at least once per year. [15A NCAC 02T.0108(b)]
4. Inspections of all high priority lines (i.e. aerial line, sub -waterway crossing, line contacting surface waters,
siphon, line positioned parallel to stream banks that are subject to eroding in such a manner that may
threaten the sewer line, or line designated as high -priority in a permit) shall be performed at least once per
every six-month period of time. A list of high -priority lines is presented as Attachment A and is hereby
incorporated into this permit condition. New high priority lines installed or identified after permit issuance
are incorporated by reference and subject to this permit condition until permit renewal where they shall be
referenced in writing in Attachment A. [15A NCAC 02T.0108(b)]
VI. GENERAL CONDITIONS
This permit is not transferable. In the event that the Permittee desires to transfer ownership of the
wastewater collection system or there is a name change of the Permittee, a formal permit modification
request shall be submitted to the Division. The request shall be accompanied by documentation from the
parties involved, and other supporting materials as may be appropriate. Such request will be considered on
its merits and may or may not be approved. [15A NCAC 02T .0104; G.S. 143-215.1(d)(3))
Failure to abide by the conditions and limitations contained in this permit may subject the Permittee to an
enforcement action by the Division in accordance with North Carolina General Statute §143-215.6A through
§143.215.612, and a sewer moratorium may be established. [15A NCAC 02T.0104]
Smithfield Collection System Permit No. WQCS00270 Page 8 of 9

DocuSig n Envelope ED 48E1F02D-A013-4A 37-1A71F2287A33
3. The issuance of this permit does not exempt the Permittee from complying with any and all statutes, rules,
regulations, or ordinances that may be imposed by other government agencies (i.e., local, state, and federal)
having jurisdiction. [G.S. 143-215.1(b)]
4. The issuance of this permit does not prohibit the Division from reopening and modifying the permit, revoking
and reissuing the permit, or terminating the permit, as allowed by the laws, rules, and regulations or as
needed to address changes in federal regulations with respect to the wastewater collection system, in
accordance with required procedures. [G.S. 143-215.1(b)(4)]
5. The Permittee shall pay the annual fee within thirty (30) days after being billed by the Division. Failure to
pay the fee accordingly may cause the Division to initiate action to revoke this permit.
[15A NCAC 02T.0110(4)]
6. The Permittee shall file an application for renewal of this permit at least six months prior to the expiration
of this permit. Upon receipt of the request, the Director will review the adequacy of the wastewater
collection system described therein, and if warranted, will extend the permit for a period of time and under
such conditions and limitations, as the Director may deem appropriate. [15A NCAC 02T,01091
7. The Permittee shall notify the Division's Municipal Permitting Unit in writing at 1617 Mail Service Center,
Raleigh, North Carolina 27699 of any changes to the name and/or address of the responsible party (i.e.
mayor, city/town manager) of the wastewater collection system. 115A NCAC 02T,0106(c))
8. Any duly authorized officer, employee, or representative of the Division may, upon presentation of
credentials, enter and inspect any property, premises or place on or related to the collection system at any
reasonable time for the purpose of determining compliance with this permit, may inspect or copy any
records that must be maintained under the terms and conditions of this permit, and may obtain samples of
wastewater, groundwater, surface water, soil, or plant tissue.
[15A NCAC 02T.0110(3)]
9. The Permittee or their authorized representative shall have available a copy of this permit to present upon
request by any duly authorized officer, employee, or representative of the Division. [15A NCAC 02T.01041
Permit issued this the 3rd of August, 2022.
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
Qocusigned by.
.. 4n314 !'. JS
for Richard E. Rogers, Jr.
Director, Division of Water Resources
By Authority of the Environmental Management Commission
by Michael Montebello, Supervisor
Municipal Permitting Unit
Division of Water Resources, NCDEQ
Smithfield Collection System Permit No. WQCS00270 Page 9 of 9

C-:::>ocuSign Envelope ID: 48E1F020-A013-4A87-l3337 'F2287A33
Attachment A
Town of Smithfield
High Priority Sewer Lines
No.
Identification
lype
Size
tenSth
Inspected
Comments
1
Kiddie Park - from Riverside Drive
A
8
300
2
Spring Branch @ rlver
A
12
50
3
Vermont Street @ Parker Street
A
12
50
4
N. 8rightleaf Boulevard @ Hospital Road
A
8
50
5
Lowe's - behind building @ railroad
A
12
5o
6
Castle Drive @ pond spillway near river
A
3s
s0
7
Wilson's Mills Road @ Laurel Drive
A
12
500
8
Park Avenue - In swamp
SW
12
200
9
Elm Drive - In swamp
SW
12
200
Codes
A = Aerial Crossing
IS = Sub-waterwat Crossing
B = Bank of Waterway
C = Contact with Surface Water

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