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Home My WebLink AboutNC0025453_Historical information_20211231I Street ancf Kpf. No.', or Ptf Boxtfo.' ClfyrstatW.ZlP^ PS Form 3800, April 2015 PSN 7530-02-000-9047 See Reverse for Instructions I HI r=1 LT) HJ (F r-A RJ RJ □□ O O □ J rAm o ru o O Return Receipt (electronic) □ Certified Mail ResMrt^ — □ Adult Signature t f„_- □ Adult Signature F TOWN OF CLAYTON Postage $_______ Total Postage an< $_______ Sent To ^OFFICIAL USE Certified Mail Fee $ ____________________ Extra Services & Fees (checkbox, add fee as appropriate) Return Receipt (hardcopy) $ $________________ O"-—J- R^HARD D CAP_POIA, INTERIM TOWN MGR- # NC0025453/LITTIE CREEK WRF/JOHNSTON CO. REC: 7020-3160-0000-2219-2511 M 6/22/2021 U.S. Postal Service ” CERTIFIED MAIL® RECEIPT Domestic Mail Only For delivery information, visit our website at www.usps.com®. PS Form 3800, April 2015 (Reverse) PSN 7530-02-000-9047 Certified Mail service provides the following benefits: ■ A receipt (this portion q! the Certified Mail label). ■ A unique identifier for your mailpiece. ■ Electronic verification of delivery or attempted delivery. ■ A record of delivery (including the recipient's signature) that is retained by the Postal Service'" for a specified period. Important Reminders: ■ You may purchase Certified Mail service with First-Class Mail®, First-Class Package Service®, or Priority Mail® service. ■ Certified Mail service is not available for international mail. ■ Insurance coverage is not available for purchase with Certified Mail service. However, the purchase of Certified Mail service does not change the insurance coverage automatically included with certain Priority Mail items. ■ For an additional fee, and with a proper endorsement on the mailpiece, you may request the following services: - Return receipt service, which provides a record of delivery (including the recipient's signature). You can request a hardcopy return receipt or an electronic version. For a hardcopy return receipt, complete PS Form 3811, Domestic Return Receipt; attach PS Form 3811 to your mailpiece; IMPORTANT. Save this receipt for your records. for an electronic return receipt, see a retail associate for assistance. To receive a duplicate return receipt for no additional fee, present this USPSS-postmarked Certified Mall receipt to the retail associate. - Restricted delivery service, which provides delivery to the addressee specified by name, or to the addressee's authorized agent. - Adult signature service, which requires the signee to be at least 21 years of age (not available at retail). - Adult signature restricted delivery service, which requires the signee to be at least 21 years fff age and provides delivery to the addressee specified by name, or to the addressee's authorized agent (not available at retail). ■ To ensure that your Certified Mail receipt is accepted as legal proof of mailing, it should bear a USPS postmark. If you would like a postmark on this Certified Mail receipt, please present your Certified Mail item at a Post Office’" for postmarking. If you don't need a postmark on this Certified Mail receipt, detach the barcoded portion of this label, affix it to the mailpiece, apply appropriate postage, and deposit the mailpiece. Raleigh Regional Office Restricted Delivery PS Form 3811, July 2015 PSN 7530-02-000-9053 Domestic Return Receipt SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY I ■ 3. Service Type Adult Signature Adult Signature Restricted Delivery Certified Mail® Certified Mail Restricted Delivery Collect on Delivery iiiiiniiiiiniiiiiiiiiiiiiiiiiiiiiiiiiii 9590 9402 3222 7196 7709 69 2. Article Number (Transfer from snrvinfi lahoi} 70ED 31b0 0000 ESI"! 2511 A. Signature _________ Addressee B. Received by (Printed Name) C. Daje of Delivery N feitfrcnmerrtal j D.Ts delivery address different from item 1?/ O Yd's If YES, enter delivery address below: No AUG M021 ■ Complete items 1, 2, and 3. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. -j. A-IJ--------- • • RICHARD D CAPPOIA, INTERIM TOWN MGR. •TOWN OF CLAYTON PO BOX 879/CLAYTON, NC 27528-0879S ASSESSMENT OF CIVIL PENALTIES/PC-2021-0027/PER # NC0025453/LITTLE CREEK WRF/JOHNSTON CO. REC: 7020-3160-0000-2219-2511 m 6/22/2021 Priority Mail Express® Registered Mail™ Registered Mail Restricted Delivery Return Receipt for Merchandise Collect on Delivery Restricted Delivery Signature Confirmation™ Signature Confirmation Restricted Delivery USPS TRACKING# =1550 TUDE 3222 71% 7705 L5 • Sender: Please print your name, address, and ZIP+4® in this box* AUf United States Postal Service First-Class Mail Postage & Fees Paid USPS Permit No. G-10 Nc£>ept ofH WATER QUALITY REGIONAL OPERATIONS SECTION 'nv,ronme^]D(EQ' R.ALEIGH regional office BsooW^frrr drive « RALEIGH, NC 27609 2 2021 e^onaj OffjCe North Carolina Department of Environment and Natural Resources Permittee: Town of Clayton NC Permit Number: NC0025453 Facility Name: Little Creek WRF County: Johnston Level of Treatment: None x Screening & Grit Removal If yes, please list the following: Volume Reaching Surface Waters: 428,800 Surface Water Name: Little Creek Did the Spill/Bypass result in a Fish Kill? Yes xNo Was WWTP compliant with permit requirements? X Yes No Were samples taken during event? x No Source of the Upset/Spill/Bypass (Location or Treatment Unit):' Influent pump station. Pipe failure on 121’ ductile iron pipe leaving the influent station. Describe the Repairs Made or Actions Taken: On call crews were brought in to make repair and spill remediation. Spill/Bypass Reporting Form (August 2014) Incident Started: Incident Ended: Date: 03/14/2021 Date: 03/14/2021 Time: _0830 Time: 1630 Cause or Reason for the Upset/Spill/Bypass: Division cf Water Resources WWTP Upset, Spill, or Bypass 5-Day Reporting Form (Please Print or Type Use Attachments if Needed) Action Taken to Contain Spill. Clean Up and Remediate the Site (if applicable): Action Taken or Proposed to be Taken to Prevent Occurrences: Additional Comments About the Event: Flow amount was calculated using historical data and event times. 24-Hour Report Made To:Division of Water Resources Emergency Management X Contact Name: George Bernard Date: 03/14/2021 Time: 1040 Other Agencies Notified (Health Dept, etc): Johnston County Utilities Person Reporting Event: James Warren Phone Number: 919-553-1536 Did DWR Request an Additional Written Report?Yes XNo If Yes, What Additional Information is Needed: Spill/Bypass Reporting Form (August 2014) i WWTP Upset, Spill, or Bypass 5-Day Reporting Form Page 2 Crews vacuumed affected area and added lime to affected areas. Crews pumped creek residuals back into plant. Town of Clayton NO, ORC Jaw WaenH 03/18/2021 The Town has a five year capital replacement project (CRP) that includes a new wastewater treatment plant under design, expected completion end of 2023. North Carolina Department of Environment and Natural Resources Permittee: Town of Clayton NC Permit Number: NC0025453 Facility Name: Little Creek WRF County: Johnston Date: 03/14/2021 Incident Started:Time: 0830 Incident Ended:Date: 03/14/2021 Time: 1630 Level of Treatment: None x Screening & Grit Removal If yes, please list the following: Volume Reaching Surface Waters: 428,800 Surface Water Name: Little Creek Did the Spill/Bypass result in a Fish Kill? Yes x No Was WWTP compliant with permit requirements?X Yes No Were samples taken during event? x No Source of the Upset/Spill/Bypass (Location or Treatment Unit): Influent pump station. Cause or Reason for the Upset/Spill/Bypass: Pipe failure on 12'' ductile iron pipe leaving the influent station. Describe the Repairs Made or Actions Taken: On call crews were brought in to make repair and spill remediation. Spill/Bypass Reporting Form (August 2014) DWR Division of Water Resources WWTP Upset, Spill, or Bypass 5-Day Reporting Form (Please Print or Type Use Attachments if Needed) Action Taken to Contain Spill, Clean Up and Remediate the Site (if applicable): Action Taken or Proposed to be Taken to Prevent Occurrences: Additional Comments About the Event: Flow amount was calculated using historical data and event times. 24-Hour Report Made To:Division of Water Resources Emergency Management X Contact Name: George Bernard Date: 03/14/2021 Time: 1040 Other Agencies Notified (Health Dept, etc): Johnston County Utilities Person Reporting Event: James Warren Phone Number: 919-553-1536 Did DWR Request an Additional Written Report?___Yes X No If Yes, What Additional Information is Needed: Spill/Bypass Reporting Form (August 2014) WWTP Upset, Spill, or Bypass 5-Day Reporting Form Page 2 Crews vacuumed affected area and added lime to affected areas. Crews pumped creek residuals back into plant. The Town has a five year capital replacement project (CRP) that includes a new wastewater treatment plant under design, expected completion end of 2023. Town of Clayton NC, ORC 03/18/2021 June 15, 2021 SUBJECT: S 2,500 S 36.57 TOTAL AMOUNT DUES 2.536.57 1 For 1 of 1 violation of NCG.S. 143-215.1(a)(1) and NPDES Perniit NC0025453 for an unauthorized bypass. Enforcement Costs Juakv i Division of Water Resources Raieioh. North Camitns Richard D Cappola Jr., Interim Town Manager Town of Clayton PO Box 879' Clayton, NC 27528-0879 Dear Mr. Cappola: This letter transmits a notice of a civil penalty assessed against the Town of Clayton in the amount ot S2,536.57 ($2,500 civil penalty + $36.57 in enforcement costs). This assessment is based upon the following facts: A review of the 5-day Bypass Report and additional information has shown the subject facility to be in violation of the requirements found in NPDES Permit NC0025453 and G.S. 143-215.1 (a)( 1). NORTH CAROLINA Environmental Quality ROY COOPER Gcvrrnor JOHN NICHOLSON lrw:m Secretary S. DANIEL SMITH Difcc tor North Carolina Depart, Raleigh Regional Office c»^.7Qi.4?00 ASSESSMENT of CIVIL PENALTIES for Violations of North Carolina General Statute (G.S) 143-215.1(a)(1) and NPDES Permit NC0025453 Little Creek WRF Case Number: PC-2021-0027 Johnston County ft/' 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: CERTIFIED MAIL 7020 3160 0000 2219 2511 RETURN RECEIPT REQUESTED The State's enforcement costs in this matter may be assessed against the Town of Clayton pursuant to NCOS. 143-215.3(a)(9)andNCGS 143B-282.1(b)(8). Based upon the above facts, I conclude as a matter of law that the Town of Clayton violated the terms, conditions or requirements of NPDES Pennit NC0025453 and G.S. 143-215.1(a)(1) in the manner and extent shown above. In accordance with the maximums established by G.S. 143-215.6A(a)(2), a civil penalty may be assessed against any person who violates the tenns, conditions or requirements of a pennit required by G.S. 143-215.1 (a). 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 ot V\ ater Resources, I hereby make the following civil penalty assessment against the Town of Clayton: (1) (8) OR 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: (2) (3) (4) (5) (6) (7) Wren Thedford NC DEQ DWR/Water Quality Permitting Section 1617 Mail Service Center Raleigh. North Carolina 27699-1617 Please note that all evidence presented in support of your request for remission must be submitted in writing. The Director of the Division of the Division of Water Resources will review your evidence and infonn 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. (1) whether one or more of the civil penalty assessment factors in NCOS 143B-282.1(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. 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; The duration and gravity of the violation; The effect on ground or surface water quantity or quality or on air quality; The cost of rectifying the damage; The amount of money saved by noncompliance; Whether the violation was committed willfully or intentionally; fhe prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and The cost to the State of the enforcement procedures. Within thirty days of receipt of this notice, you must do one of the following: 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: North Carolina Depart rnent of Environ Raleigt-, Regicno! Orfice 3800 Dan-ett Q!9.7Q|.4.2OO ntal Quci'i’ v Division of Water Resources ■ive i Rale:qii. Noi th Carolina 27bQ9 OR Please indicate the case number (as found on page one of this letter) on the petition. 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) days 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: Mail or hand-deliver a copy of the petition to: General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh. North Carolina 27699-1601 Failure to exercise one of the options above within thirty (30) days of receipt of this letter, as evidenced by an internal date/lime 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. Wren Thedford NC DEQ/DWR/Water Quality Permitting Section 1617 Mail Service Center Raleigh. North Carolina 27699-1617 3. File a petition for an administrative hearing 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 original and one (1) copy of the petition must be filed with the Office of Administrative Hearings. The petition may be faxed provided the original and one copy of the document is received in the Office of Administrative Hearings within five (5) business days following the faxed transmission. The mailing address for the Office of Administrative Hearings is: Office of Administrative Hearings 6714 Mail Service Center Raleigh. North Carolina 27699-6714 Telephone (919) 733-2698 Facsimile: (919) 733-3478 ANT) rh Carolina Dep. Raleigh Regional Off^Eeq!menr of Environn'ental Dr.is'en of Water Resources 3300 Barre'.r Drive Raleigh. North Carolina 2’609 Laserfichecc: ^5EQ? NPDES Enforcement File: PC-2021-0026 Raleigh Regional Office - Laserfiche If you have any questions about this letter, please contact Mitch Hayes of the Raleigh Regional Office at 919.791.4261. Sincerely, S. Daniel Smith Director, Division of Water Resources North Carolina Department cf Environn rnral Quaiity i Division of Water Resources Raleigh Regional Office 38001'arretr Oriv? Raleigh. North Carotina 27609 019.79; 4200 STATE OF NORTH CAROLINA COUNTY OF JOHNSTON PERMIT NO. NC0025453 FILE NO. PC-2021-0027 This the day of . 2020. PRINTED NAME SIGNATURE ADDRESS TELEPHONE IN THE MATTER OF ASSESSMENT OF CIVIL PENALTIES AGAINST TOWN OF CLAYTON LITTLE CREEK WRF DEPARTMENT OF ENVIRONMENTAL QUALITY Having been assessed civil penalties totaling S2,536.57 for violation(s) as set forth in the assessment document of the Division of Water Resources dated May 25, 2021, 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. ) ) ) WAIVER OF RIGHT TO AN ) ADMINSTRATIVE HEARING AND ) STIPULATION OF FACTS ) ) ) Divismn af Water Resources No=-th Carolina 27609 Carolina Deparmer; orEnOron^e- tai Quality Rakish Regio»al Office 9.7014200 JUSTIFICATION FOR REMISSION REQUEST DWR Case Number:PC-2021-0027 County: Johnston Assessed Entity:Town of Clayton Permit No.:NC0025453 Amount Assessed:$2,536.57 O (d) the violator had not been assessed civil penalties tor any previous violations; EXPLANATION: Q (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)'. EJ (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); Q (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 petforming the activities necessaiy to achieve compliance). 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). EH (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); Xnrrh Carolina Depanni'.-ni of Enviranmenral Qua^'y Dtvis'on of Water Resources Raleigh Regional Office 3300 L'-an-eU Drive I Ralesgli North Carolina 2’GO*1) 4200 <^DEQ DIVISION OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT Case Number: PC-2021-0027 ASSESSMENT FACTORS D 2) 3) Increased nutrients and pathogens to surface waters,. O CC. 4)The cost of rectifying the damage; The cost of rectifying the damage is SI 1,535.34 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 last enforcement case was LR-1990-0045 8)The cost to the State of the enforcement procedures. S36.57 Violator: Town of Clavton - Little Creek WRF County: Johnston The assessment factors listed above were considered. However, since this case pertains to the non-submittal of required information, impacts are unknown. The SSO started on 03.14.2021 at 08:30 am and ended the same day at 04:30 pm. The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; Scott Vinson, Regional Supervisor Water Quality Regional Operations Section Raleigh Regional Office North Carolina Department of Environmental Quality | Division of Water Resources Raleigh Regional Office I 3800 Barrett Drive i Raleigh. North Carolina 27609 919,791.4200 b - (5 Date 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; The effect on ground or surface water quantity or quality or on air quality; 428,800 gallons of sewage overflowed from a fissured 12” DI pipe on the discharge side at the influent pump station four feet below grade. All 428,800 gallons flowed to Little Creek, class C, NSW in the Neuse River Basin. Increased nutrients pathogens to surface waters*. G k -jt '•mLa-\j » j The duration and gravity of the violation; Ik-pMWCTl ill KwSimmW STATE OF NORTH CAROLINA COUNTY OF JOHNSTON ) FINDING OF FACTI. A. B. C.Little Creek is classified as Class C; NSW in the Neuse River Basin. D. E. F. IN THE MATTER OF CASE NO. PC-2021-0027 TOWN OF CLAYTON LITTLE CREEK WRF FOR VIOLATIONS OF: NPDES PERMIT NO. NC0025453 ANDNCG.S. 143-215.1(a)(1) On February 1,2021, the Town of Clayton was issued NPDES Pennit Number NC0025453 effective date February 1, 2021, for the operation and maintenance of a wastewater treatment plant located at the Little Creek WRF, with the discharge of treated effluent into the Neuse River, classified as WS-IV; NSW; CA in the Neuse River Basin, in accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina. On April 30, 2021, DWR received a letter from the Town of Clayton in response to the Notice of Violation-Notice of Intent to Enforce (NOV-2021-PC-0229), explaining the following: The root cause of the failure was a fissure in the 12” DIP on the discharge side at the influent pump station. The line is located four feet below grade under a 480-volt cement duct bank in a congested area. The area is located in one of the lower areas at the plant site and contains a great deal of stone placed during the initial construction of the pump station. Remediation of the area occurred over a two-day event. Crews removed spillage material from around the area and disinfected the ground with lime. A pump was set up downstream of where the storm water discharge enters the stream and crews flushed and pumped any materials that had deposited during the event back into the facility. ) ) ) ) ) ) ) FINDINGS AND DECISION AND ASSESSMENT OF CIVIL PENALTIES The Town of Clayton is a person organized and existing under the laws of the State of North Carolina. North Carolina Department of Environmental Quality ! Division of Wafer Resources Raleigh Regional Office 3SOO Barrett Drive = Raleigli North Carolina 27609 919.791.4200 Division of Water Resources, NC DEQ NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY On April 1,2021, the Raleigh Regional Office (RRO) of the DWR issued a Notice of Violation/Notice of Intent to Enforce (NOV-2021-PC-0229) to the Town of Clayton. This NOV-NOI was issued in response to a 428,800 gallons of sewage overflowed from a fissured 12" DI pipe on the discharge side at the influent pump station four feet below grade at the Little Creek WRF on March 14, 2021. Acting pursuant to North Carolina General Statute (G.S.) 143-215.6A, I, Scott Vinson, of the Division of Water Resources (hereby known as DWR), make the following: G. II. North Carolina General Statute 143-215.1(a)(1) states: North Carolina General Statute 143-213. Definitions defines "outlet” as:I. H. I.The cost to the State of the enforcement procedures in this matter totaled $36.57. Based upon the above Findings of Fact. I make the following: II.CONCLUSION OF LAW A. B. C. D. E. F. The Town of Clayton was issued NPDES Permit No. NC0025453 in accordance with G.S. 143-215.1(a) for the operation and maintenance of a wastewater treatment plant and the discharge of wastewater in compliance with permit limits and conditions. On March 14. 2021 the Town of Clayton violated NCGS 143-215.1(a)(1) by making an unpermitted outlet by discharging waste that bypassed Influent Pump Station, which is required prior to discharge according to NPDES No. NC0025453. The Town of Clayton may be assessed civil penalties in this matter pursuant to G.S. 143- 215.6A (a)(2), which provides that a civil penalty of not more than twenty-five thousand dollars ($25,000) per violation per day may be assessed against a person who is required but fails to apply for or to secure a permit required by G.S. 143-215.1, or who violates or fails to act in accordance with the terms, conditions, or requirements of such permit or any other pennit or certification issued pursuant to authority confeiTed by this Part. The State's enforcement cost in this matter may be assessed against the Town of Clayton pursuant to G.S. 143-215.3 (a)(9) and G.S. 143B-282.1(b)(8). NPDES Pennit No. NC0025453 requires wastewater to pass through Influent Pump Station before discharge. "The terminus of a sewer system, or the point of emergence of any waste or the effluent therefrom, into the waters of the State.” A DWR file review confirmed that the Town of Clayton is not allowed as a condition of any permit, special order, or other appropriate instrument issued or entered into by the Commission under the provisions of this Article to violate water quality standards applicable to an assigned classification or to violate and effluent standard, limitations, permit conditions, or rules/regulations established for any point source. North Carolina Department of Environmental Quality I Division of Water Resources Raleigh Regional Office 3800 Barrett Drive I Raletgli North Carolina 27609 919.79I.4ZOO The Town of Clayton is a ‘person' within the meaning of G.S. 143-215.6A pursuant to G.S. 143-212(4). Little Creek located at the site constitutes waters of the State within the meaning of G.S. 143-212(6). nquBtoSt at tarairanW itastoV (a) Activities for Which Permits Required. - Except as provided in subsection (a6) of this section, no person shall do any of the following things or carry out any of the following activities unless that person has received a pennit from the Commission and has complied with all conditions set forth in the pennit: (1) Make any outlets into the waters of the State. G. Based upon the above Findings of Fact and Conclusions of Law, I make the following: III.DECISION Accordingly, the Town of Clayton is hereby assessed a civil penalty of: s 2,500 S 2,500 TOTAL CIVIL PENALTY, authorized by G.S. 143-215.6A $36.57 Enforcement Cost S 2,536.57 TOTAL AMOUNT DUE (1) (8) As required by G.S. 143-215.6A (c), in determining the amount of penalty, I considered the factors set out in G.S. 143B-282.1 (b), which are: The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violations; The duration and gravity of the violations; The effect on ground or surface water quantity or quality or on air quality; The cost of rectifying the damage; The amount of money saved by noncompliance; Whether the violations were committed willfully or intentionally; The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and The cost to the State of the enforcement procedures. Scott Vinson of the Division of Water Resources, pursuant to delegation provided by the Secretary of the Department of Environmental Quality and the Director of the Division of Water Resources, has the authority to assess civil penalties in this matter. (1) of (1) violation of NCGS 143-215.1(a)(1) by making an outlet to a water of the State. (2) (3) (4) (5) (6) (7) North Carolina Department of Environmental Quality I Division of Waler Resources Raleigh Regional Of fice i 3800 Barrett Drive I Raleigh. North Carolina 27609 9I9.79I.42OO --------------- Scott Vinson Division of Water Resources ISM Date I RO'r COOPER '.EDELLI-GATTI S. DAMELS'.ETH April 1. 2021 SUBJI Cl: Dear Mr. Solomon: Specific activities in Molation of State Law include the follow inn: Location Cause pi;e C J, 2 42 EM JI) Solomon, Town Manager Town of Clayton PO Box 879’ Claxton. NC 27528-0S79 Incident Number Start Date Clayton 'Apr Screen, o & gx a-:-a NOTICE OF VIOLA1 ION NO\ -2021-PC-D229 Intent to Assess CIVIL PEN XL TIES I or Unauthorized Bypass Little Creek WRF NPDI .S Permit: NC0025453 Johnston County Total Vol (Gals) Total Vol Surface Water (Gals) was . 1 tel ANoticcofV’ialatioiiIritenttpTssue Civil Pet dtyisbe . i >ted violation of North Carolina General St itute(G.S.) 143 215.1 and the focility’s NPDI s Pern it Pu tant to G.S. 143 2116A. a civil penalty of not more than twenty-five thousand, dollars (825.coo.do) may be assessed aaainst an\ person who violates or tails to act in accordance w ith the terms, conditions, or requirements of any pennit issued pursuant to G.S, 143 215.1. 42: $' * ED CFRiil-IFl) MAIL 7017 2680 OOQO 2219 5053 RE 1 URN RECF1P1 RFQl ES I El) A rexiew has been conducted of the sell-reporting Bypass 5-I)ay report submitted b\ the low nof CLr.ton I ■ ch 14,2()21. The Diyisionof W ater 1 les< >urces (I)X\ I ‘ • I ’ . gl I ■.. )nal Offiee concludes tl it tl . unauthorized bypass \ iolated G.S. 143-215. l(a)( 1) and Pennit Condi’nm Part 11 Section C (4) (c) of.\PDFS Pennit [Pennit Number], 20210115S 3T4 2021 I Sincerely. I Xi'Dl > Pr-'-irim Files - I asertlehe P i'.eieh Reel r. 11 Oftlee - Ld<crfichc Scon Vinson. Regional Supervisor Waler Quality Regional Operations Section Raleigh Regional Office Division of Water Resources, \C DEQ , .. r .j 1 iiis office requests that you respond to this Notice, in writing, within ten (ID) business da\s after receipt.. xl r^liew of your response will be considered along w ith an> additional infonnati m pros ided in the submitted report. You will then be notified of any civil penalties that ma> be assessed regarding the violations. If no response is received in this Office within the 10-day period, a civil penalty assessment may be prepared. If vou have any questions about this letter, ple.ise contact Mitchell Haves of the Raleigh Regional < tfficc a: 919.791.4200/ ■Me. Remedial actions should have alreadv been taken to correct this problem and prevent further occurrence.', in the future. The Division of Water Resources mav pursue enforcement action for this and anv additional violations of State law. If the violations arc of a continuing nature, not related to operation and or maintenance problems, and you anticipate remedial construction activi'.ies, then you may wish to consider apply ing for a Special Order by Consent. PS Form 3811, July 2015 PSN 7530-02-000-9053 Street ana M4/16/2021 COMPLETE THIS SECTION ON DELIVERYSENDER: COMPLETE THIS SECTION For delivery information, visit our website at www.usps.com^1. PS Form 3800, April 2015 PSN 7530-02-000-9047 See Reverse for Instructions Domestic Return Receipt ; I cO ru m LG LG r- Postmark Here D~ rA FU GJ 2. Article Number (Transfer from service label) 7017 $____ Sent To A. Signatui B. Priority Mail Express® Registered Mall™ Registered Mail Restricted Delivery Return Receipt for Merchandise Signature Confirmation™ Signature Confirmation Restricted Delivery Agent Addressee C. Date of Delivery ■ Complete items 1,2, and 3. ■ Print your name and address on the reverse i so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits.1 ------------7| JD SOLOMON TOWN OF CLAYTON PO BOX 879/CLAYTON, NC 27528-0879 WQROS-NOV-NOV-2021-PC-0229/INTENT TO ASSESS CIVIL PENALTIES FOR UNAUTHORIZED BYPASS/LITTLE CREEK WRF/NPDES PER NC 0025453 REC: 7017-2680-0000-2219-5053 M4/16/2021 mi Miiiiiiiiniiiiiiiiiii 111 9590 9402 3415 7227 6678 91 U.S. Postal Service™ CERTIFIED MAIL® RECEIPT Domestic Mail Only 3. Service Type Adult Signature Adult Signature Restricted Delivery Certified Mail® Certified Mail Restricted Delivery Collect on Delivery Collect on Delivery Restricted Delivery r- 1 ,ail Ebao DODO 221^ 5053 Restricted Delivery laturp- pece^a^jy (Printed Name) D. Is delivery address different from item 1?z Yes If YES, enter delivery address below: ^Q No Certified Mail Fee $_________________________ Extra Services & Fees (check box, add fee as appropnatg) Lj Return Receipt (hardcopy) S Return Receipt (electronic) S Certified Mail Restricted Delivery $ Adult Signature Required $ Adult Sig- - - Postage JD SOLOMON TOWN OF CLAYTON Total Post P0 B0X 879/CLAYTON, NC 27528-0879 CREEK WRF/NPDES PER NC 0025453 REC: 7017-2680-0000-2219-5053 City,'State, ZiP+4 »......................................... Permit Enforcement History Details by Owner Town of ClaytonOwner: JohnstonCounty : DamagesMR $0.00 No 3/14/90$150.00$0.001/24/90 $150.00 $0.00LR-1990-004' Total Balance Due : $0.00Total Enforcement Cost: $0.00 Sum Of Total Paid:$150.00Total Penalty Amount: $1501Total Cases: Total Penalties After Remissions : $150.00Sum of Total Case Penalties: $150.00 Facility : Permit: Region : Total PaidCase Number Penalty Assessment Approved Penalty Enforcement Amount Costs Remission Request Received 6/15/2021 1 Balance Due Has Pmt Plan Case Closed Little Creek WRF NC0025453 Raleigh Enf Conf Held EMC Remission Amount Enf EMC Remission Hearing Amount Held OAH Collection Remission MemoSent Amount To AGO t Hayes, Mitch i From: Sent: To: Cc: Subject: Attachments: Mr. Vinson Please see the attached reply for the NOV-2021-PC-0229 issue to the Town of Clayton, I am forwarding the hard copy today. Please contact me at 919-553-1536 if you have any questions. Sincerely, James Warren Town of Clayton NC CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to Report Spam. James O Warren <jowarren@townofclaytonnc.org> Friday, April 30,2021 12:55 PM Vinson, Scott Hayes, Mitch; Manuel, Vanessa; Rich Cappola- JD Solomon; Byron Poelman; William Simpson [External] NOV Reply NOV Reply 4 1 2021.pdf •SERVICE""ENVIRONMEM Date: 4/30/2021 Re: Reply to Notice of Violation NOV-2021-PC-0229, Intent to Assess Civil Penalties Dear Mr. Vinson: 653 Highway 42 West • P<) Box S79 • Clayton. North Carolina • 1-uA 553-1541 Remediation of the area occurred over a two day event. Crews removed spillage material from around the area and disinfected the ground with lime. A pump was set up downstream of where the storm The Town of Clayton wouid like to provide the following response to the NOV-2021-PC-0229, Intent to Assess Civil Penalties received by the Town of Clayton, NC on April 21, 2021. ELECTRIC SERVICE (919)553-1530 Scott Vinson, Regional Supervisor Water Quality Regional Operations Section Raleigh Regional Office Division of Water Resources, NC DEQ 3800 Barrett Drive Raleigh, NC 27609 VEHICLE MAINTENANCE (919) 553-1530 TOWN OF CLAYTON OPERATIONS CENTER As previously reported the Town experienced a pipe failure on the discharge side of the influent station, the incident was discovered by the on call operator who was performing the weekend plant inspection. The operator contacted the ORC as required and informed the Water Sewer Maintenance Department of the need to mobilize. IT BLK WORKS l919t 553-1530 WATER RECLAMATION (9|9j 553-1535 The root cause of the failure was a fissure in the twelve inch ductile iron pipe on the discharge side at the influent pump station. The line is located four feet below grade under a 480 volt cement duct bank in a congested area. The area is located in one of the lower areas at the plant site and contains a great deal of stone placed during the initial construction of the pump station. The Town mobilized a crew of nine along with 2 vactor trucks, mini excavator, tandem dump truck and various equipment transport vehicles. The repair was especially challenging due to the location of the break and soil conditions. The pump station eventually had to be turned off to allow for the safe repair of the break due to soil conditions. Godwin pumps was contacted in an effort to mobilize a temporary pumping scenario however, due to the diligence of the Town's water & sewer crew the leak was repaired prior to mobilization of a bypass pump. Please contact me directly at 919-553-1536 if you have any questions. The Town of Clayton requests some consideration on the basis of our overall effort to reduce the frequency and impacts of the inherit nature of maintaining water and sewer lines. This event would have been very difficult to predict for any system, however we feel our response was very good considering the timing and difficulty of the repair. water discharge enters the stream and crews flushed and pumped any materials that had deposited during the event back into the facility. Overall the cost of the repair and cleanup was $ 11,535.34. This repair would have required an outside contractor several years ago without the Town's commitment to the environment through capital funding for equipment and staffing. The Town is currently evaluating means to reduce the possibilities of having this type of failure to occur in the future. The Town continues to implement an aggressive Capital Improvements Plan that includes the building and commissioning of a new 6.0 mgd water reclamation facility by December of 2023. The project includes a new off-site plant, two transmission projects, and the decommissioning of the current facility. Current estimates of the cost of the overall project is $120,000,000. The project represents to Town's commitment to provide exceptional service through infrastructure replacement and the need to provide for future growth. The new pump station scheduled to be built will have standby duty pumps, emergency diesel pumps, backup generator and a bypass connection. The Town has also spent an estimated $1,100,000 to purchase two new vactor trucks, TV trailer, and a rubber tired back hoe in the past five years for the maintenance of water and sewer lines. Sincerely ■ fames Warren, ORC Wastewater Treatment Superintendent Town of Clayton, NC W I T N E S S E T H: SI A TE OF NOR I H CAROLINA COUNTY OF WAKE WHEREAS, pursuant to Sections 6 and 7 the ORIGINAL Agreement, the TOWN has reserved and paid $1.800,000 for its original allocation of 500,000 MOD ol treatment capacity from the NRRRF and following the assignment by Johnston County of its 500,000 GPD allocation to the 1 OWN (the "Johnston County Allocation”), $1,800,000 for the Johnston County Allocation: SECOND AMENDMENT TO THE CLAYTON/RALE1GH INTERLOCAL AGREEMENT WHEREAS, RALEIGH is the owner and operator of a wastewater collection system and the Neuse River Resource Recovery Facility (NRRRI ), which has 75 million gallons per day (MGD) of total permitted treatment capacity, and WI1EREAS. the TOWN is undertaking an expansion of its wastewater treatment capacity to address it long term needs. WHEREAS, the TOWN has reviewed and analyzed different options for their wastewater treatment system needs and obligations in the TOWN s sanitary sewer collection system, and WHEREAS, the most cost effective, environmentally sound, and best short-term method of wastewater collection, treatment and disposal for the TOWN s sewer system is achieved by supplementing the TOWN’S existing wastewater collection and treatment capacity by conveying a portion of the TOWN'S waste water through use of an existing connection between the TOWN’S existing sewer system and RALlTGH's wastewater collection system lor treatment at RALEIGH'S Neuse River Resource Recovery Facility. lhe ORIGINAL AGREEMENT was made and entered into on the 27"' day of February, 2007, by and between the CITY OF RALEIGH, a municipal corporation existing under the Laws of the State of North Carolina (hereinafter referred to as RALEIGH), and the 1 OWN OF CLA\ EON. a municipal corporation existing under the Laws of the State of North C arolina (hereinafter referred to as the TOWN). Amendment #1 to the ORIGINAL AGREEMENT was made and entered into on the 14th day of/September,2015. This AMENDMENT #2 is made and entered into this the/^r^, day of 2021 by and between RALEIGH and lhe TOWN and is hereinafter referred to as the "Amended Agreement (as detined below). 1. A. B. C. I). E. F. WHEREAS, RALEIGH and the TOWN agree that the TOWN will continue its duties as established in the ORIGINAL AGREEMENT and receive an additional .75 MGD of sewer capacity for treatment of sewage, and the parties further agree that the cost for the 1 MGD of capacity available under the ORIGINAL AGREEMENT will be as set forth in Paragraph 7 of the ORIGINAL AGREEMENT and the cost for the additional .75 MGD will be as set forth in Paragraphs 8 and 9 of this Amended AGREEMENT. NOW, THEREFORE, for and in consideration of the respective rights, powers, duties and obligations hereinafter set forth to be performed by RALEIGH and the TOWN, the parties mutually agree as follows: Definitions: As used in this Amended Agreement, the terms listed below mean: "ORIGINAL AGREEMENT” means the original Agreement between RALEIGH and the TOWN dated February 27, 2007 as amended by Amendment #1 dated September 14, 2015. By this Second Amendment also referred to as the "Amended AGREEMENT", the parties have replaced and modified provisions of the ORIGINAL AGREEMENT as originally adopted and only those original provisions of the ORIGINAL AGREEMENT appearing in this Amended AGREEMENT remain in effect. "Amended AGREEMENT’ means this Second Amendment to the ORIGNIAL AGREEMENT. "CONNECHON" means (i) the sewer force main extension pipeline; (ii) the flow measurement and metering facility; and (iii) the wastewater sampling station installed, maintained and operated to effectuate the purposes of this Inter Local Agreement. "TOWN SLOWER SYSTEM" means any portion of the sanitary sewer collection system owned, maintained and operated by the TOWNl which effectuates the purposes of this Inter Local Agreement. "NEUSE ESTUARY ALLOCATION" means the amount of Total Nitrogen loading which the Neuse River Resource Recovery Facility is authorized by its NPDES permit to discharge which reaches the Neuse Estuary, as established pursuant to 15 NCAC 2B .0713. "NPDES PERMI T’ means NPDES Permit NC0029033 issued to RALEIGH to operate the Neuse River Resource Recovery' Facility pursuant to N.C. Gen. Slat. §143-215.1 as in effect at the time the permit is applied as a part of this Amended AGREEMENT. 4.The TOU'N has completed the construction of the “CONNECTION" from the TOWN to RALEIGH's existing wastewater collection system and facilities at the pump station as required in the ORIGINAL AGREEMENT. The I OWN shall own all such improvements, but RALEIGH shall be responsible for operation and maintenance of the portion of the CONNECTION which is in Wake County. The TOWN shall be responsible for operation and maintenance from the point of connection with the metering facility to Wake Johnston County line. The CONNECTION to RALEIGH was made and completed in a manner acceptable to RALEIGH. RALEIGH reserves the right to make future connections to the 16-inch sewer force main within the portion of the sewer force main RALEIGH is responsible for operating and maintaining within Wake County. Any future RALEIGH sewer connections to the sewer force main shall not reduce the capacity of the sewer force main to transmit a combined 1.75 MGD, Peak Flow rate 3.125 Gallons per Minute (GPM) from Johnston County and Clayton to RALEIGH. In addition to the existing wastewater transmission system, the TOWN agrees to continue the use of odor control facilities to dose the wastewater to be conveyed by the TOWN to RALEIGH with RALEIGH approved odor control chemicals, including Bioxide, prior to discharging any wastewater to RALEIGH. Until otherwise directed, the TOWN agrees to dose the wastewater with Bioxide at the dosage 2. I'his Amended AGREEMEN’I is made pursuant to Article 20. Part 1 of N.C. Gen. Stat. Chapter 160.A. The purpose of this Amended AGREEMENT is to establish, for each unit of local government, the terms and conditions for the sale and/or purchase of sewerage capacity by each unit of local government and for the conveyance of such sewerage by each unit of local government as an intermediary. The TOWN and Johnston County entered into an agreement by which the County assigned to the TOWN the capacity for sewer treatment available pursuant to the Interlocal Agreement between RALEIGH and the County of Johnston dated 27 February. 2007. as Amended by the First Amendment to the Johnston County/Raleigh Interlocal Agreement (the Johnston County Interlocal Agreement), and assigned to the TOWN other functions and duties otherwise applicable to the County under this AGREEMENT between the TOWN and R ALEIGH w ithin the service area which was the subject of the assignment. See attached “Exhibit 1.” The TOWN agrees that its duties and responsibilities under the ORIGINAL AGREEMENT were altered by the Assignment and that any language contrary to the duties and responsibilities of the TOWN as otherwise set forth in this Amended AGREEMENT are controlled by and established as set forth in the Assignment which is attached as Exhibit A to this Amended AGREEMENT. Should the County of Johnston cancel or withdraw from the Assignment, or otherwise assume control of all or any part of the capacity provided in the Johnston County Interlocal Agreement, this Amended AGREEMENT will be adjusted and applied in light of the changes for which notice is given to RALEIGH by both the I 0WN and the County of Johnston. 3. The TOWN shall be responsible for the operation and maintenance of the TOWN SEWER SYSTEM. 5. 7. 4 designated by RALEIG1 i and to use any additional odor control chemicals at the dosage designated by RALEIGH. The cost of continuously operating the odor control facilities is entirely the responsibility of the TOWN. Except as otherwise provided in 4.. the TOWN shall be responsible for the operation and maintenance of the CONNECTION. The TOWN agrees that RALEIGH shall have access to the CONNECTION and the 1'0WN SEWER SYSTEM along with the authority to engage in anv activity necessary' for the performance of its responsibility to operate and maintain the ilow meter and the sampling station. RALEIGH will accept a total sewer How up to 1,750.000 GPD from the TOWN upon the approval and execution of this Second Amendment to the ORIGINAL AGREEMENT by the TOWN unless the applicable NPDES permit issued to the Neuse River Resource Recovery Facility is revised to reduce the NEUSE ESTUARY ALLOCATION that is available to RALEIGH or the assignment by the County of Johnston to the TOWN is altered or terminated. RALEIGH acknowledges that the County of Johnston may utilize 500.000 GPD of the 1.750,000 GPD when the assignment to the TOWN expires or is otherwise revoked, but in no case beyond the terms, conditions and time frames identified by this .Amended AGREEMEN T without further amendment. If and when the 500,000 GPD of assigned capacity, or any portion thereof, expires or is revoked, the 1.750.000 GPD allocated to the TOWN under this Amended AGREEMENT shall be reduced accordingly. 8. The TOWN agrees to pay RALEIGH the monthly bill which is based on RALEIGH'S cost of operation, maintenance, future debt service and overhead on R ALEIGI I's collection, pumping and treatment facilities attributable to the amount of total wastewater delivered by the TOWN'S facilities to the Raleigh sewerage collection system and all other sums due and payable by the TOWN to RALEIGH pursuant to the terms of this Amended AGREEMENT. A monthly bill sent to the 'TOWN will be based only upon its reserve treatment capacity to determine the final monthly bill amount, as shown in the formula in "Exhibit 2" sample bill. Current contract customer rates and charges are set out in "Exhibit 3" and shall be subject to periodic revision by RALEIGH. In calculating, the customer charges for the TOWN. RALEIGH included a credit for the capital capacity reserve charge paid by the TOWN in 6. RALEIGH shall accept and treat the wastewater flow from the TOWN at the flowing rales and volumes listed below: Average Daily Flow: 1.750.000 Gallons per Day (GPD). Peak Flow Rate: 3.125 GPM so long as the assignment by the County of Johnston to the TOWN continues and the TOWN complies in all conditions set forth in the Amended AGREEMENT. Wastewater discharged to RALEIGH shall comply with the quality and constituent limitations as defined in the RALEIGH Sewer Use Ordinance (SUO) at Raleigh City Code Part 3, Chapter 2. Article C., including all future amendments and revisions of the SUO. 9. 5 The monthly sewer bill submitted by RALEIGH to the TOWN for the TOWN system shall be based on the following: accordance with Paragraph 7 of the ORIGINAL AGREEMENT. RALEIGH reviews and revises such rate structures for contract sewer service on an annual basis and when made, said revised rate structures shall be made a part of this Amended AGREEMENT and TOWN agrees to pay RALEIGH based on revised rates adopted by RALEIGH. RALEIGH will perform billing for the sewer service on a monthly basis. The TOWN agrees to pay for the 1 MGD of capacity acquired in the ORIGINAL AGREEMENT each month before payment will be due and payable for the .75 MGD of additional capacity acquired by the Amended AGREEMENT. The first bill will be calculated and issued within 21 days of the end of the first month. After the initial bill is issued, all others will continue on a monthly frequency. AH bills received by the TOWN for sewer service are due and payable within 15 days after receipt. (b) In the case of the TOWN exceeding either its average or peak How rate as stated in Section 4 in any month, the TOWN will pay a double rate for the entire volume of sewer service for that month. Average flow rate shall be defined as the total volume of wastewater discharged to RALEIGH during a month divided by the number of days in the month. Peak flow rate shall be defined as any rate of flow greater than 3,125 GPM. sustained for a period of 2.0 hours or longer. 11. The TOWN has a Sewer Use Ordinance (Industrial Pretreatment Program). which is no less stringent than the Sewer Use Ordinance of RALEIGH. The TOWN'S Sewer Use Ordinance is in compliance with all current NCDEQ rules or USEPA Regulations. Any 10. The LOWN has a User Charge system, which generates sufficient revenue to provide for the adequate and proper operation, maintenance, replacement and repair of its sewerage system, including payment for sewer service rendered to the TOWN by RALEIGH. Such User Charge system shall be updated as may be necessary to maintain sufficient funding as required for proper sewer collection system operation, maintenance, repair and replacement, as defined by the United States Environmental Protection Agency (USEPA) and the North Carolina Department of Environmental Quality’ (NCDEQ). (a) Discovery by RALEIGH of violations of discharge limitations as provided in the RALEIGH SUO. including toxic substances or heavy metals, by the TOWN shall be reported by RALEIGH to the TOWN within 24 hours of the analysis identifying such violation. Repeated violations by the TOWN of the RALEIGH SUO will result in RALEIGH interrupting or terminating the TOWN'S sewer service from RALEIGH. 6 amendments or revision of lOWN's Sewer Use Ordinance shall be subject to review and approval by RALEIGH prior to adoption by the TOWN. The TOWN shall amend its Sewer Use Ordinance as required in the future to assure that it is continuously in compliance with appropriate NCDEQ rules and USEPA regulations, and no less stringent than the Sewer Use Ordinance of RALEIGH. The TOWN shall allow RALEIGH periodically to review the administration of the TOWN’S Industrial Pretreatment Program, shall provide RALEIGH with copies of all permits for the Industrial Pretreatment Program for the TOWN, and shall allow RALEIGH to review and approve any new permits or modifications to existing pennits that discharge to the TOWN’S SEWER SYSTEM and to RALEIGH, prior to the TOWN issuing a final permit. RALEIGH shall review- and approve, if compliant with the TOWN and RALEIGH Sewer Use Ordinances and North Carolina Division of Water Resources pretreatment regulations, all such new permits and modifications to existing permits within thirty days of the TOWN’S request for approval: if RALEIGH does not take action within thirty days, the TOWN'S request shall automatically be deemed granted. The TOWN will not issue Industrial Prc-trcatment permits to biopharmaceutical manufacturing facilities to discharge wastewater into the TOWN'S SEWER SYSTEM that subsequently will be sent to RALEIGH for treatment, except during periods of discharge that have been previously authorized in writing by the Director of Raleigh Water. The TOWN will also ensure that waste water from biopharmaceutical manufacturing facilities is not discharged or sent to Raleigh for treatment except during periods of discharge that have been previously authorized in writing by the Director of Raleigh Water. The TOWN will be responsible for billing, collecting, and retaining the surcharges from the appropriate industries. The TOWN will establish and follow its “Enforcement Response Plan." If necessary; the TOWN will interrupt or terminate the violating industry's water or sewer service in order to gain sewer use ordinance compliance. If the LOWN fails to terminate the violating industry's water and sewer service after at least 24 hour wTitten notification to the TOWN and the industry' discharges to RALEIGH as previously described, then RALEIGH will interrupt or terminate the TOWN’S sewer sen ice from RALEIGH, until the TOWN terminates service from the violating industry or the discharge into RALEIGH's sewer treatment system wastewater from biopharmaceutical industries. RALEIGI I’s authority to interrupt or terminate the TOWN'S service pursuant to this paragraph is not limited by or subject to the requirements of Paragraph 16. of this AGREEMENT. 12. (a) Should a sewer overflow occur at the TOWN’S connection point or within RALEIGH'S Neuse River Interceptor Sewer Transmission Main as a result of the TOWN'S or the County of Johnston's discharge of wastewater into RALEIGH's sewerage collection system, regardless of the cause, the TOWN shall immediately take any and all necessary remedial action, to eliminate the overflow condition and to mitigate the environmental harm and other damages resulting from to the overflow condition. Should a sewer overflow in the opinion of the RALEIGH Public Utilities Director be imminent at 7 the TOWN'S connection point or within RALEIGH'S Neuse River Interceptor Sewer Transmission Main as a result of the TOWN'S or the County of Johnston's discharge of wastewater into RALEIGH'S sewerage collection system, regardless of the cause, the TOWN shall immediately take any and all necessary remedial action, to eliminate the overflow condition and to mitigate the environmental harm and other damages resulting from to the overflow condition, upon notification by RALEIGH. Furthermore, the TOWN shall and does hereby assume, and agrees to indemnify and hold harmless RALEIGH, its successors and assigns, from and against all loss, claims, damages, penalties, fines, costs, expenses including attorney's fees, damage to property caused by. or in any way resulting from an overflow event as described above. RALEIGH and the TOWN each agree to assist in the defense of any cause of actions, whether civil or administrative, arising from the overflow condition. (b) The TOWN shall and docs hereby assume and agrees to hold harmless RALEIGH, its successors and assigns, from and against all loss, costs, claims, penalties, fines, expenses including attorney's fees, and damages caused by or in any way resulting from a biological upset of the RALEIGH Neuse River Resource Recovery Facility as a result of the levels of metals or toxic contaminants contained in the wastewater being discharged by the TOWN or County of Johnston into the collection system of RALEIGH. The TOWN shall immediately lake any and all necessary action to eliminate the discharge of such contaminants following RALEIGH notification and any additional actions identified by RALEIGH as necessary to the mitigation of the damage arising from the discharge to metals or toxic contaminants. (c) Should a sewer overflow occur, or in the opinion of the TOWN'S Public Utilities Director be imminent, al the TOWN'S CONNECTION as a result of the sewer flowrate in RALEIGH's system, regardless of the cause. RALEIGH shall immediately lake any and all remedial action, within its control and legal authority, necessary to eliminate the overflow condition following notification from the TOWN and to mitigate (he environmental harm and other damages resulting from to the overflow condition. Furthermore. RALEIGH shall and does hereby assume and agrees to hold harmless the TOWN, its successors and assigns, from and against all loss, claims, damages, penalties, fines, cost, expenses including attorney's fees, damage to property caused by an overflow event described above. RALEIGH and the TOWN each agree to assist in the defense of any cause of actions, whether civil or administrative, arising from the overflow condition. 13. The TOWN agrees that any extensions of. or points of connection to its sewerage system where the sewer is to be discharged to RALEIGH w-ill take place only within the TOWN’S sewer service area and as otherwise authorized by this Amended AGREEMENT. 8 17. RALEIGH hereby represents and warrants that the system of charges and fees sei out in this Amended AGREEMENT are no higher than any other similar agreements to accept wastewater by and between RALEIGH and any other entity, except as is unique to the TOWN due to its geographical location and connection to the RALEIGH system. 16. Except as otherwise provided in this Amended AGREEMENT. RALEIGH may terminate this Amended AGREEMENT and the consent for the I OWN to discharge wastewater into RALEIGH's sewer collection system upon thirty days prior written notice of the TOWN'S default of any covenant or term hereof, which default is not cured within thirty days after receipt of such notice of default. 18. In consideration of RALEIGH'S consent to provide sewer service to the TOWN, the TOWN agrees to consider mutually benefical future partnerships with RALEIGH in the development of other agreements for such issues as emergency and permanent water and sewer system interconnections, water reuse, biosolids reuse, biosolids landfilling and raw water suppl) reservoir development, such as on Little River and Middle Creek. 14. The term of this Amended AGREEMENT shall be for a period of 20 years from the date of execution. February 27, 2007 of the ORIGINAL AGREEMENT to February 27, 2027. and shall terminate at the end of the term unless otherwise extended by mutual agreement between the TOWN and RALEIGH or unless RALEIGH's NEUSE ES TUARY ALLOCATION for the Neuse Estuary is reduced by NCDEQ in the NRRRF's NPDES permit. If RALEIGH receives notification from NCDEQ that the NEUSE ESTUARY ALLOCATION for RALEIGH'S NRRRF is proposed to be reduced in the NPDES permit, RALEIGH will promptly notify the TOWN, and unless RALEIGH determines in its sole discretion that it can continue to receive a specified amount of sewerage flow from the TOWN under this Amended AGREEMENT, this Amended AGREEMENT will terminate on the effective date of the amendment to the NRRRF'S NPDES permit reducing the NEUSE ESTUARY ALLOCATION for RALEIGH'S NRRRF. 15. Io the extent permitted by North Carolina law, the parties hereto for themselves, their agents, officials, employees and servants agree not to discriminate in any manner on the basis of race, color, creed, national origin, sex. age. handicap, or sexual orientation with reference to the subject matter of this Contract. T he parties further agree, to the extent permitted by law. to conform with the provisions and intent of City of Raleigh Ordinance 1969-889. as amended. This provision is hereby incorporated into this Contract for the benefit of the City of Raleigh and its residents, and may be enforced by action for specific performance, injunctive relief, or other remedy as provided by law. This provision shall be binding on the successors and assigns of the parties w ith reference to the subject matter of this Contract. 9 21. The invalidity- or unenforceability of any particular provision of this Amended AGREEMENT shall not affect the other provisions herein and the Amended AGREEMEN1 shall be construed in all respects as if such invalid or unenforceable provisions were omitted. 22. With the exception of the Johnston County- Interlocal Agreement, this Amended AGREEMENT. including the payment of the capacity for the 1 MGD of capacity as set out in the ORIGINAL AGREEMENT, contains the entire agreement and understanding of the parties hereto with respect to the subject matter contained herein and all prior agreements or understandings of the parties hereto are hereby revoked. There are no agreements, restrictions, promises, warranties, covenants or other undertakings other that) those expressly set forth herein or incorporated herein. The parties further agree that changes in the names of facilities and State or local agencies will be used in place of the names or designations included herein. 19. No party may transfer or assign its rights under this AGREEMENT without written approval from the governing boards of both the TOWN and RALEIGH. This AGREEMEN T shall bind the parties hereto, respective successors permitted assigns and transferees. 20. All matters relating to this Amended AGREEMENT shall be governed by the laws of the State of North Carolina, without regard to its choice of law provisions, and venue for any action relating to this agreement shall be Wake County Civil Superior Court or the United States District Court for the Eastern District of North Carolina. Western Division. ATTF/r: 10 & IN TESTIMONY WHEREOF, RALEIGH and the TOWN have caused this Second Amendment to be executed below by their respective Managers, their corporate seals affixed and attested by their respective Clerks, approved b\ their respective Attorneys, all by the authority of their respective Councils, as the day and year first written. CITY CLERK (Attach Municipal Seal) CITY OF RALEIGH CITY MANAGER This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal^fontrol Act. ______ Chi e f Fi nancial ‘Officer (or des i gnee) APPROVED: £0 ATTORNEY 5 U ATTEST: APPROVED AS TO FORM 11 This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act. C hicl^i^^al'^^^S^^^1 TOWN ATTORNEY TOWN CLERK (Attach Municipal Seal) TOWN Ol CLAY I ON TOWN'MANAGER oA '"a?--'' \ ■ ftPRil 1869 : f<»i nm'' I r 1 1 July 28, 2021 Limit Exceedance DeficiencY(s): DateParameter 5.865/27/2021001 Effluent ^BECP Sample Location Limit Value Reported Value Type of Deficiency Daily Minimum Not Reached Rich Cappola, Interim Town Manager Town of Clayton PO Box 879 Clayton, NC 27528-0879 SUBJECT: NOTICE OF DEFICIENCY Tracking Number: NOD-2021-LV-0123 Permit No. NC0025453 Little Creek WRF Johnston County Oxygen, Dissolved (DO) (00300) NORTH CAROLINA Environmental Quality North Carolina Department of Environmental Quality I Division of Water Resources Raleigh Regional Office I 3800 Barrett Drive I Raleigh. North Carolina 27609 919.791.4200 ROY COOPER Governor ELIZABETH S. BISER Secretary S. DANIEL SMITH Director Dear Mr. Cappola: A review of the May 2021 Discharge Monitoring Report (DMR) for the subject facility revealed the deficiency(s) indicated below: Please be aware that non-compliance with your permit could result in enforcement action by the Division of Water Resources for these and any additional violations of State law. The Raleigh Regional Office encourages you to take all necessary actions to bring your facility into compliance. W ituation, please contact Mitchell Sincerely, Cc:WQS Raleigh Regional Office - Enforcement File Laserfiche Scott Vinson, Regional Supervisor Water Quality Regional Operations Section Raleigh Regional Office Division of Water Resources, NCDEQ If you should need any assistance c^buld like to discuss this non-complianl Hayes of the Raleigh Regional Office at 919-791-4200. North Carolina Department of Environmental Quality | Division of Water Resources Raleigh Regional Office I 3800 Barrett Drive I Raleigh. Nonh Carolina 27609 919.791.4200 ' DocuSign Envelope ID 3E3ED9CA-F9CI .D-BB61-120FBA5F590F RO\ COOPER El IZABE EH S BISER s DAME L SMI III Envu onmental Quality September 17, 2021 Dear Mr. Cappola: Findings during the pre-inspection tile review were as follows: 2. 3. 4. Subject: Compliance Evaluation Inspection Town of Clayton Little Creek WRF NPDES Permit NC0025453 Johnston Countv Rich Cappola. Interim Town Manager Town of Clayton PO Box 879’ Clayton. NC 27528 On 1 uesday. August 31.2021. Jason Robinson of the Raleigh Regional Office conducted a compliance evaluation inspection of the treatment facilities located at the Little Creek WRF at 1.000 Durham Street Extension. Claxton. The purpose of this inspection was to ensure compliance w ith the subject NPDES permit. During the inspection, the presence and cooperation of Mr. William Simpson. Operator in Responsible Charge (ORC) was appreciated. 1. 4 he most recent NPDES permit was issued on February I. 2021. and will expire on March 31.2024. The WW-4 facility is currently permitted and authorized to discharge 2.5 MOD of treated wastewater through Outfall 001 into the Neuse River al a location approximately 2 miles from the facility. The permit also authorizes future discharges of 6.0 and 10.0 MOD upon the Division's receipt of Engineering Certifications of completion of the facility’s expansion. Clayton also currently has agreements in place to send up to 1.4 MOD of wastew ater to Johnston County and 1.0 MOD to Raleigh for treatment. For the review period June 2019 - August 2021. the facility received a Notice of Deficiency for not reaching the minimum limit for Dissolved Oxygen. Violations also occurred for this in June 2021. The quarterly average limit for Total Phosphorus (as P) Concentration was also exceed in June 2021. No actions had been taken on the two June monitoring violations as of the date of this inspection. A civil penalty w as assessed for a bypass at the treatment plant that occurred at a broken line just after the influent pump station that resulted in approximately 428.300 gallons of wastew ater being discharged to surface waters on March 14. 2021. This resulted in a penalty of $2,500 (PC-2021-0027. As required by North Carolina General Statute § 143-215.IC(a). the City has prepared and made available to its customers the wastewater annual report for fiscal year 2020-2021 in ' DocuSign Envelope ID 3E3ED9CA-F9O .D-BB61-120FBA5F590F Findings during the inspection were as follows: Attachments: EPA Water Compliance Inspection Report Cc: 5. The operator's log and supporting analytical documentation were consistent and up to date. 6. The inspector compared September 2020 and March 202 I eDMR data against the bench lab data and the contract labs (Cameron & Meritech) analytical data. No discrepancies were noted. 7. The on-site laboratory (certification number 348) is certified for and self-reports monitoring data for some parameters. An inspection of the meter calibration logs, standards, buffer expiration dates and incubator temperatures showed the laboratory to be compliant with record-keeping requirements. 8. All units listed in the permit were observed and no issues were found. 9. The inspector and ORC traveled to the offsite effluent discharge pipe at the Neuse river approximately 2 miles from the plant. The pipe was observed under the water. The effluent observed was clear and free of solids and excess foam. August 2021. The report summarizes the performance of the City 's collection and treatment facilities, improvements that have been made, and the extent to which any permit requirements have been violated. w simpson u tow nofckiMonnc.org RRO Files DWR Laserfiche This facility was found to be compliant with NPDES permit conditions as a result of this inspection. If you have any questions regarding the attached reports or any of the findings, please contact Jason Robinson at .lason.t.robinson a ncdcnr.gov). Sincerely. ' ,------DocuSigned by c. ''------BCDA9D825D4A46DScott Vinson. Kegionai supervisor Water Quality Regional Operations Section Raleigh Regional Office Division of Water Resources. NCDEQ I-ABE6-EAE68F20B3DB ERA Section A National Data System Coding (i.e.. PCS) yr/mo/dayNPDES NC0025453 21/08/31 'i i i i i i i i i i i i i i i i i i i i i i i i i i i i i i i i i i i i i i i i i i r>6211 67 8073 Section B Facility Data Entry Time/Date Permit Effective Date 21/02/0101 00PM 21/08/31 Little Creek WRF Exit Time/Date1000 Durham St 21/08/3103:30PMClayton NC 27520 Name(s) of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s)Other Facility Data Name. Address of Responsible Official/Title/Phone and Fax Number Contacted Section C Areas Evaluated During Inspection (Check only those areas evaluated) Section D Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s) and Signature(s) of Inspector(s)Agency/Office/Phone and Fax Numbers Date DWR/RRO WQ/919-791 -4200/9/17/2021 Agency/Office/Phone and Fax Numbers lions are obsolete. 1Page# Steven J17I11 Inspection Work Days I I ■ Permit B Sludge Handling Dispos Name and Location of Facility Inspected (For Industrial Users discharging to POTW. also include POTW name and NPDES permit Number) /// William R Simpson/ORC/919-553-1535/ I Flow Measurement H Operations & Maintenar | Records/Reports B Effluent/Receiving Wate B Laboratory United States Environmental Protection Agency Washington D C 20460 Water Compliance Inspection Report Form Approved. OMB No. 2040-0057 Approval expires 8-31-98 Inspector 19 Permit Expiration Date 24/03/31 Date 9/17/2021 12[ Signature of Management Q A Reviewer DocuSigned by [nJ EPA Form 3560-3 vj Facility Self-Monitoring Evaluation Rating 70 u Fac Type 20U ’ DocuSign Envelope ID. 7EDED936-83F7^^)- -------------------Reserved-------------------- LU74 75l I I I I I I I 31 Inspection Type 18^1 QA 72 Bl 71 u Transaction Code 1 k" 2 M Jason T Robinson /—oocusrgned 8F93314C1EEUA9 ■ DocuSign Envelope ID: 7EDED936-83F7j I-ABE6-EAE68F20B3DB NPDES 1(Cont.) NC0025453 Section D Summary of Findmg/Comments (Attach additional sheets of narrative and checklists as necessary) Findings during the pre-mspection file review were as follows Findings during the inspection were as follows This facility was found to be compliant with NPDES permit conditions as a result of this inspection. 2Page# 3[ yr/mo/day 21/08/31 J1712l Inspection Type 18[C]I11 1. The most recent NPDES permit was issued on February 1. 2021 and will expire on March 31, 2024. 2 The WW-4 facility is currently permitted and authorized to discharge 2.5 MGD of treated wastewater through Outfall 001 into the Neuse River at a location approximately 2 miles from the facility. The permit also authorizes future discharges of 6.0 and 10.0 MGD upon the Division's receipt of Engineering Certifications of completion of the facility's expansion. Clayton also currently has agreements in place to send up to 1.4 MGD of wastewater to Johnston County and 1.0 MGD to Raleigh for treatment. 3. For the review period June 2019 - August 2021. the facility received a Notice of Deficiency for not reaching the minimum limit for Dissolved Oxygen. Violations also occurred for this in June 2021, The quarterly average limit for Total Phosphorus (as P) Concentration was also exceed in June 2021. No actions had been taken on the two June monitoring violations as of the date of this inspection. A civil penalty was assessed for a bypass at the treatment plant that occurred at a broken line just after the influent pump station that resulted in approximately 428,300 gallons of wastewater being discharged to surface waters on March 14. 2021. This resulted in a penalty of $2,500 (PC-2021-0027. 4. As required by North Carolina General Statute § 143-215.1C(a), the City has prepared and made available to its customers the wastewater annual report for fiscal year 2020-2021 in August 2021. The report summarizes the performance of the City's collection and treatment facilities, improvements that have been made, and the extent to which any permit requirements have been violated. 5. The operator s log and supporting analytical documentation were consistent and up to date. 6 The inspector compared September 2020 and March 2021 eDMR data against the bench lab data and the contract labs (Cameron & Meritech) analytical data. No discrepancies were noted. 7. The on-site laboratory (certification number 348) is certified for and self-reports monitoring data for some parameters. An inspection of the meter calibration logs, standards, buffer expiration dates and incubator temperatures showed the laboratory to be compliant with record-keeping requirements. 8. All units listed in the permit were observed and no issues were found. 9. The inspector and ORC traveled to the offsite effluent discharge pipe at the Neuse river approximately 2 miles from the plant. The pipe was observed under the water. The effluent observed was clear and free of solids and excess foam. DocuSign Envelope ID 7EDED936-83F7|1-ABE6-EAE68F20B3DB Record Keeping Yes No NA NE Is the chain-of-custody complete^ Dates, times and location of sampling Comment: Permit Yes No NA NE ■ Laboratory Yes No NA NE ■ Are field parameters performed by certified personnel or laboratory? 3Page# Are records kept and maintained as required by the permit'? Is all required information readily available complete and current'? Are all records maintained for 3 years (lab reg. required 5 years)? Are analytical results consistent with data reported on DMRs? Are DMRs complete: do they include all permit parameters? Has the facility submitted its annual compliance report to users and DWQ? (If the facility is = or > 5 MGD permitted flow) Do they operate 24/7 with a certified operator on each shift? Is the ORC visitation log available and current? Is the ORC certified at grade equal to or higher than the facility classification? Is the backup operator certified at one grade less or greater than the facility classification? (If the present permit expires in 6 months or less). Has the permittee submitted a new application? Is the facility as described in the permit? # Are there any special conditions for the permit? Is access to the plant site restricted to the general public? Is the inspector granted access to all areas for inspection'? Is a copy of the current NPDES permit available on site? Facility has copy of previous year's Annual Report on file for review? Permit: NC0025453 Inspection Date: 08/31/2021 Name of individual performing the sampling Results of analysis and calibration Dates of analysis Name of person performing analyses Transported COCs ■ ■ ■ ■ ■ ■ ■ ■ ■ Owner - Facility: Little Creek WRF Inspection Type: Compliance Evaluation ■ ■ ■ ■ ■ ■ ■ ■ Comment: Need to add eflluent pump station during next permit cycle I-ABE6-EAE68F20B3DB Laboratory Yes No NA NE Comment: Operations & Maintenance Yes No NA NE ■ Is the plant generally clean with acceptable housekeeping? ■ Comment: Bar Screens Yes No NA NE Type of bar screen a.Manual b.Mechanical Are the bars adequately screening debris? Is the screen free of excessive debris? Is disposal of screening in compliance? Is the unit in good condition? Comment: Grit Removal Yes No NA NE Type of grit removal a.Manual b.Mechanical Is the grit free of excessive organic matter'?’ Is the grit free of excessive odor? # Is disposal of grit in compliance? Comment: 4Page# Are all other parameters(excludmg field parameters) performed by a certified lab? # Is the facility using a contract lab? # Is proper temperature set for sample storage (kept at less than or equal to 6.0 degrees Celsius)'?’ Incubator (Fecal Coliform) set to 44.5 degrees Celsius+/- 0.2 degrees? Incubator (BOD) set to 20.0 degrees Celsius +/- 1 0 degrees'?1 Does the facility analyze process control parameters, for ex MLSS MCRT. Settleable Solids. pH, DO, Sludge Judge, and other that are applicable? Permit: NC0025453 Inspection Date: 08/31/2021 ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ DocuSign Envelope ID 7EOED936-83F7^p)- Owner - Facility: Llttle Creek WRF Inspection Type: Compliance Evaluation DocuSign Envelope ID 7EDED936-83F7|I-ABE6-EAE68F20B3DB Equalization Basins Yes No NA NE Is the basin aerated'? Is the basin free of bypass lines or structures to the natural environment? Is the basin free of excessive grease? Are all pumps present? Are all pumps operable? Are float controls operable? Are audible and visual alarms operable'? # Is basin size/volume adequate? Comment: Clarifier #1 currently used as EQ basin Pump Station - Influent Yes No NA NE Is the pump wet well free of bypass lines or structures? Is the wet well free of excessive grease? Are all pumps present? Are all pumps operable? Are float controls operable? Is SCADA telemetry available and operational? Is audible and visual alarm available and operational? Comment: Aeration Basins Yes No NA NE Ext. AirMode of operation DiffusedType of aeration system Is the basin free of dead spots'? Are surface aerators and mixers operational? Are the diffusers operational? Is the foam the proper color for the treatment process? Does the foam cover less than 25% of the basin's surface? Is the DO level acceptable? Is the DO level acceptable?(1.0 to 3.0 mg/l) Comment: Secondary Clarifier Yes No NA NE 5Page# Permit: NC0025453 Inspection Date: 08/31/2021 ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ Owner - Facility: Little Creek WRF Inspection Type: Compliance Evaluation DocuSign Envelope ID 7EDED936-83F l0-ABE6-EAE68F20B3DB Secondary Clarifier Yes No NA NE Is the clarifier free of black and odorous wastewater? Is the site free of excessive buildup of solids in center well of circular clarifier? Are weirs level? Is the site free of weir blockage? Is the site free of evidence of short-circuiting'? Is scum removal adequate? Is the site free of excessive floating sludge9 Is the drive unit operational? Is the return rate acceptable (low turbulence)? Is the overflow clear of excessive solids/pin floc9 Is the sludge blanket level acceptable9 (Approximately Vi of the sidewall depth) Comment: Pumps-RAS-WAS Yes No NA NE Are pumps in place? Are pumps operational9 Are there adequate spare parts and supplies on site? Comment: Filtration (High Rate Tertiary)Yes No NA NE Type of operation:Down flow Is the filter media present? Is the filter surface free of clogging9 Is the filter free of growth? Is the air scour operational? Comment: Disinfection - UV Yes No NA NE ■ Are extra UV bulbs available on site? Are UV bulbs clean? Is UV intensity adequate? 6Page# Is the scouring acceptable? Is the clear well free of excessive solids and filter media? ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ Permit: NC0025453 Inspection Date: 08/31/2021 Owner - Facility: Little Creek WRF Inspection Type: Compliance Evaluation DocuSign Envelope ID TEDEDgse-SaF'Zj I-ABE6-EAE68F20B3DB Disinfection - UV Yes No NA NE Is transmittance at or above designed level? Is there a backup system on site'? Is effluent clear and free of solids? Comment: Effluent Pipe Yes No NA NE Is right of way to the outfall properly maintained? Are the receiving water free of foam other than trace amounts and other debris? If effluent (diffuser pipes are required) are they operating properly? Comment: Flow Measurement - Effluent Yes No NA NE # Is flow meter used for reporting? Is flow meter calibrated annually? Is the flow meter operational? (If units are separated) Does the chart recorder match the flow meter? Comment: Pump Station - Effluent Yes No NA NE Is the pump wet well free of bypass lines or structures? Are all pumps present? Are all pumps operable? Are float controls operable? Is SCADA telemetry available and operational? Is audible and visual alarm available and operational? Comment: Standby Power Yes No NA NE Is automatically activated standby power available? Is the generator tested by interrupting primary power source? Is the generator tested under load? 7Page# Was generator tested & operational during the inspection? Do the generator(s) have adequate capacity to operate the entire wastewater site? Permit: NC0025453 inspection Date: 08/31/2021 ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ Owner - Facility: Little Creek WRF Inspection Type: Compliance Evaluation DocuSign Envelope ID 7EDED936-83F -ABE6-EAE68F20B3DB Standby Power Yes No NA NE ■ ■ Is the generator fuel level monitored9 Comment: 8Page# Is there an emergency agreement with a fuel vendor for extended run on back-up power? Permit: NC0025453 Inspection Date: 08/31/2021 Owner - Facility: Little Creek WRF Inspection Type: Compliance Evaluation I July 28, 2021 Dear Mr. Cappola: Limit Exceedance PeficiencY(s): Parameter Date 001 Effluent 5/27/2021 Daily Minimum Not Reached65.8 A review of the May 2021 Discharge Monitoring Report (DMR) for the subject facility revealed the deficiency(s) indicated below: Please be aware that non-compliance with your permit could result in enforcement action by the Division of Water Resources for these and any additional violations of State law. The Raleigh Regional Office encourages you to take all necessary actions to bring your facility into compliance. Sample Location Limit Value Rich Cappola, Interim Town Manager Town of Clayton PO Box 879 Clayton, NC 27528-0879 SUBJECT: NOTICE OF DEFICIENCY Tracking Number: NOD-2021-LV-0123 Permit No. NC0025453 Little Creek WRF Johnston County Oxygen, Dissolved (DO) (00300) NORTH CAROLINA Environmental Quality North Carolina Department of Environmental Quality I Division of Water Resources Raleigh Regional Office I 3800 Barrett Drive I Raleigh. North Carolina 27609 919.791.4200 ROY COOPER Governor ELIZABETH S. BISER Secretary S. DANIEL SMITH Director Reported Value Type of Deficiency Sincerely, Cc: If you should need any assistance or would like to discuss this non-compliance situation, please contact Mitchell Hayes of the Raleigh Regional Office at 919-791-4200. WQS Raleigh Regional Office - Enforcement File Laserfiche Scott Vinson, Regional Supervisor Water Quality Regional Operations Section Raleigh Regional Office Division of Water Resources, NCDEQ North Carolina Department of Environmental Quality I Division of Water Resources Raleigh Regional Office I 3800 Barrett Drive I Raleigh. North Carolina 27609 919.791.4200 Robinson, Jason i From: Sent: To: Cc: Subject: Attachments: CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to Report Spam. Jason, We recently executed an amended agreement with Raleigh to increase the amount of wastewater we can send to Raleigh for treatment from 1.0 MGD to 1.75 MGD. Other than identifying on the next sewer permit/FTSE, is there anything we need to update with your team with this additional capacity now available to the Town? The executed agreement is attached for your reference. Joshua Baird <jbaird@townofclaytonnc.org> Wednesday, December 22, 2021 10:34 AM Robinson, Jason Jonathan Jacobs; Poelman, Byron; Rich Cappola [External] Town of Clayton - Wastewater Capacity NRRRF Raleigh Water Wastewater Capacity Agreement Amendment 2, Nov 2021.pdf Joshua Baird, PE Engineering Director Town of Clayton 919-359-9379 jbaird a townofclaytonnc.org