NC0025453_NOV-2024-PC-0562 Notice of Violation_20241008

North Carolina Department of Environmental Quality Division of Water Resources
Raleigh Regional Office 3800 Barrett Drive Raleigh, North Carolina 27609
919.791.4200

October 8th, 2024

Richard Cappola
Town of Clayton
PO Box 879
Clayton, NC 27528-0879

SUBJECT: NOTICE OF VIOLATION (NOV-2024-PC-0562)
For Unauthorized Bypass
Sam’s Branch WRF
NPDES Permit: NC0025453
Johnston County

Dear Ms. Brixey,
A review has been conducted of the self-reporting incident report submitted by David White on
8/09/2024. The Division of Water Resources (DWR)’s Raleigh Regional Office concludes that the
unauthorized bypass violated G.S. 143-215.1(a)(1) and Permit Condition Part II Section C (4)
(c) of NPDES Permit NC0025453.

Specific activities in violation of State Law include the following:
Total Vol Total Surface Incident Start Vol Water Number Date Location Cause (Gals) (Gals)__________________________________________________________________ 202401713 8/8/2024 1000 Durham Street Severe Natural 469,492 207,692 Clayton, NC 27520 Conditions. (Tropical Storm Debby) ________________________________________________________________
Remedial actions, if not already implemented, should be taken to correct the above
noncompliance. Please note that the Division of Water Resources (DWR) began assessing civil
penalties for severe and/or repeat SSOs starting December 1, 2007. Enforcement decisions are
based on volume spilled, volume reaching surface waters, duration, gravity, impacts to public
health, fish kills and other factors.

Docusign Envelope ID: B90CDA5E-0DE1-4814-BFC3-D248BD857010

North Carolina Department of Environmental Quality Division of Water Resources
512 North Salisbury Street 1611 Mail Service Center Raleigh, North Carolina 27699-1611
919.707.9000

This office requests that you respond to this Notice, in writing, within 15 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 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 about this letter, please Kevin Fowler of the Raleigh Regional Office
at [phone]
Sincerely,

Vanessa Manuel, Assistant Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NC DEQ
cc: Laserfische

Docusign Envelope ID: B90CDA5E-0DE1-4814-BFC3-D248BD857010