NC0026646_PC20230037_20231106

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
NORTH CAROLINA
Environmental Quality
November 6, 2023
CERTIFIED MAIL 7019 1120 0001 5505 1893
RETURN RECEIPT REQUESTED
Town of Pilot Mountain
Michael Boaz, Town Manager
124 West Main Street
Pilot Mountain, NC 27041
SUBJECT: ASSESSMENT of CIVIL PENALTIES
for Violations of NPDES Permit NCO026646
Pilot Mountain WWTP
Case Number: PC-2023-0037
Surry County
Dear Mr. Boaz:
This letter transmits a notice of a civil penalty assessed against Town of Pilot Mountain in the
amount of $4,441.84 ($4,000.00 civil penalty + $441.84 in enforcement costs). This assessment
is based upon the following facts:
Division of Water Resources, Winston-Salem Regional Office (DWR/WSRO) staff conducted a
compliance evaluation inspection (CEI) of the Pilot Mountain WWTP on August 28, 2023,
pursuant to the facility's NPDES discharge permit number NC0026646. Several permit violations
were noted during the inspection and a Notice of Violation with Intent to Enforce, tracking
number NOV-2023-PC-0475, was issued on September 13, 2023 The Notice requested that the
permittee respond in writing to convey a plan for correcting the noted violations. The Division
never received a response from the Town of Pilot Mountain.
Based upon the above facts, I conclude as a matter of law that Town of Pilot Mountain violated
the terms, conditions, or requirements of NPDES Permit NCO026646 in the manner and extent
shown above. In accordance with the maximums established by G.S. 143-215.6A(a), a civil penalty
may be assessed against any person who violates the terms, conditions or requirements of a
permit 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
Moan D_,E,
North Carolina Department of Environmental Quality I Division of Water Resources
Winston-Salem Regional Office 1 450 W. Hanes Mill Rd, Suite 300 I Winston-Salem, North Carolina 27105
336.776.9800

Division of Water Resources, I hereby make the following civil penalty assessment against Town
of Pilot Mountain:
2 000.00 For 1 of 1 violation(s) of NPDES Permit No. NCO026646 Part II. Section C.
Paragraph 2 by failing to properly operate and maintain at all times all facilities
and systems of treatment and control (and related appurtenances) which are
installed or used by the Permittee to achieve compliance with the conditions
of this permit.
1 000.00 For 1 of 1 violation(s) of NPDES Permit No. NCO026646 Part II. Section C.
Paragraph 7 by failing to maintain adequate safeguards (as required by 15A
NCAC 02H .0124) to prevent the discharge of untreated or inadequately
treated wastes during electrical power failures either by means of alternate
power sources, standby generators, or retention of inadequately treated
effluent.
1 000.00 For 1 of 1 violation(s) of NPDES Permit No. NCO026646 Part II. Section D.
Paragraph 1 by failing to collect samples representative of the permitted
discharge effluent at the monitoring point specified in the permit.
4 000.00 TOTAL CIVIL PENALTY
441.84 Enforcement Costs
4,441.84 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. 14313-
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 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
NORTH CAROLINAD��` ��I
0_u Mo Emimnmen 9uei�
North Carolina Department of Environmental Quality I Division of Water Resources
Winston-Salem Regional Office 1 450 W. Hanes Mill Rd, Suite 300 1 Winston-Salem, North Carolina 27105
336.776.9800

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:
Wren Thedford
NC DEQ/DWR/Water Quality Permitting Section
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
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:
(1) whether one or more of the civil penalty assessment factors in NCGS 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.
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"
North Carolina Department of Environmental Quality I Division of Water Resources
D ��� Winston-Salem Regional Office 1 450 W. Hanes Mill Rd, Suite 300 1 Winston-Salem, North Carolina 27105
NCRTH CARCLINA ^ 336.776.9800
0_p Mo Emimnmen quay

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:
Wren Thedford
NC DEQ/DWR/Water Quality Permitting Section
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
OR
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 [phone] Facsimile: [phone]
AND
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
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.
NORTH CAROLINAD E Q
oeo+ro�.m m F,mro���w n�si�
North Carolina Department of Environmental Quality I Division of Water Resources
Winston-Salem Regional Office 1 450 W. Hanes Mill Rd, Suite 300 1 Winston-Salem, North Carolina 27105
336.776.9800

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 about this letter, please contact Ron Boone of the Winston-Salem
Regional Office at 336.776.9690 or via e-mail at [e-mail].
Sincerely,
DocuSigned by:
0 D2D3CE3F 1 B7456...
Jennifer F. Graznak, Assistant Regional Supervisor
Water Quality Regional Operations Section
Winston-Salem Regional Office
Division of Water Resources, NCDEQ
Attachments:
1. Waiver of Right to an Administrative Hearing and Stipulation of Facts
2. Justification for Remission Request
3. Findings and Decision and Assessment of Civil Penalties
NORTH CAROLINAD E Q
oeo+ro�.m m F,mro���w n�si�
North Carolina Department of Environmental Quality I Division of Water Resources
Winston-Salem Regional Office 1 450 W. Hanes Mill Rd, Suite 300 1 Winston-Salem, North Carolina 27105
336.776.9800

STATE OF NORTH CAROLINA
COUNTY OF SURRY
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST
Town of Pilot Mountain
Pilot Mountain WWTP
PERMIT NO. NCO026646
DEPARTMENT OF ENVIRONMENTAL
QUALITY
WAIVER OF RIGHT TO AN
ADMINSTRATIVE HEARING AND
STIPULATION OF FACTS
FILE NO. PC-2023-0037
Having been assessed civil penalties totaling $4,441.84 for violation(s) as set forth in
the assessment document of the Division of Water Resources dated November 6, 2023, 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 120
PRINTED NAME
SIGNATURE
ADDRESS
TELEPHONE
REQ� North Carolina Department ofEnvironmental Quality I Division ofWater Resources
Winston-Salem Regional Office 1 450 W. Hanes Mill Rd, Suite 300 1 Winston-Salem, North Carolina 27105
NORTH CAROLINA 336.776.9800
onparhnem of EmironmanW 9uallly

JUSTIFICATION FOR REMISSION REQUEST
DWR Case Number: PC-2023-0037
Assessed Entity: Town of Pilot Mountain
Permit No.: NCO026646
County: Surry
Amount Assessed: $4,441.84
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:
NORTH CAROLINAD � ��
oeo+ro�.m m F,mro���w n�si�
North Carolina Department of Environmental Quality I Division of Water Resources
Winston-Salem Regional Office 1 450 W. Hanes Mill Rd, Suite 300 1 Winston-Salem, North Carolina 27105
336.776.9800

DIVISION OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT
Violator: Town of Pilot Mountain — Pilot Mountain WWTP
County: Surry
Case Number: PC-2023-0037
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;
The NPDES permit directs the permittee to maintain the system to prevent a range of problems,
which could lead to harm to the natural resources of the state.
2) The duration and gravity of the violation;
The gravity of the violations is considered moderately significant because they have
persisted for nearly a year.
3) The effect on ground or surface water quantity or quality or on air quality;
The existence of the issues noted above presents risk of such violations becoming more
frequent and damaging.
4) The cost of rectifying the damage;
These costs have not been calculated specifically but are assumed to equal the amount
of money the permittee would spend to maintain permit compliance.
5) The amount of money saved by noncompliance;
The amount of money saved by noncompliance has not been specifically calculated but is
assumed to equal the amount of money the permittee would have spent to maintain
permit compliance.
6) Whether the violation was committed willfully or intentionally;
DWR has no evidence that the violations are either willful or intentional.
NORTH CAROLINAD � ��
oeo+ro�.m m F,mro���w n�si�
North Carolina Department of Environmental Quality I Division of Water Resources
Winston-Salem Regional Office 1 450 W. Hanes Mill Rd, Suite 300 1 Winston-Salem, North Carolina 27105
336.776.9800

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
The facility has experienced twelve effluent violations in the five years preceding the
inspection. Additionally, the facility was issued an NOV for an inspection in 2020 in which
it was also noted that the oxidation ditches were not properly maintained.
8) The cost to the State of the enforcement procedures.
$441.84
The assessment factors listed above were considered. However, since this case pertains
to the non -submittal of required information, impacts are unknown.
DocuSigned by:
11/6/2023 �
OD2D3CE3F1 B7456...
Date Jennifer F. Graznak, Assistant Regional Supervisor
Water Quality Regional Operations Section
Winston-Salem Regional Office
Division of Water Resources, NC DEQ
REQ� North Carolina Department ofEnvironmental Quality I Division ofWater Resources
Winston-Salem Regional Office 1 450 W. Hanes Mill Rd, Suite 300 1 Winston-Salem, North Carolina 27105
NORTH CAROLINA 336.776.9800
naparMeM of EmironmanW 9uallly

STATE OF NORTH CAROLINA
COUNTY OF SURRY
IN THE MATTER OF
CASE NO. PC-2023-0037
Town of Pilot Mountain
Pilot Mountain WWTP
FOR VIOLATIONS OF:
NPDES PERMIT NO. NCO026646
AND NC General Statute 143-215.1
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENTAL QUALITY
FINDINGS AND DECISION
AND ASSESSMENT OF
CIVIL PENALTIES
Acting pursuant to North Carolina General Statute (G.S.) 143-215.6A, I, Jennifer F. Graznak, of the
Division of Water Resources (hereby known as DWR), make the following:
I91019110[CEO]aye«I
A. Town of Pilot Mountain is a person organized and existing under the laws of the
State of North Carolina.
B. On October 26, 2020, Town of Pilot Mountain was issued NPDES Permit Number
NCO026646 effective December 1, 2020, for the operation and maintenance of a
wastewater treatment plant located at the Pilot Mountain WWTP, with the
discharge of treated effluent into the Ararat River, which is classified as Class C
waters in the Yadkin -Pee Dee River Basin, in accordance with the provisions of
Article 21 of Chapter 143, General Statutes of North Carolina.
C. The Ararat River is classified as Class C waters in the Yadkin -Pee Dee River Basin.
D. On September 13, 2023, the Winston-Salem Regional Office of DWR issued a
Notice of Violation/Notice of Intent to Enforce NOV-2023-PC-0475 to Town of
Pilot Mountain. This NOV-NOI was issued in response to a compliance evaluation
inspection the RO conducted on August 28, 2023.
E. The violations DWR noted during this inspection are detailed in the table below:
NORTH CAROLINAD E Q
oeo+ro�.m m F,mro���w n�si�
North Carolina Department of Environmental Quality I Division of Water Resources
Winston-Salem Regional Office 1 450 W. Hanes Mill Rd, Suite 300 1 Winston-Salem, North Carolina 27105
336.776.9800

PERMIT VIOLATIONS
1. The oxidation ditches (ODs) are in poor condition. There is not a full bank of
aerators/brushes in any of the three concentric ODs, there is excessive
vegetation growth, and the safety railings and walkways need maintenance
and/or repair. These are repeat violations, as they were also documented in
NOV-2020-PC-0545 dated December 21, 2020.
2. There is no permanently installed onsite generator capable of providing
sufficient power for the entire plant in the event of a power outage.
3. The effluent sampler currently pulls samples from a point past dechlorination
and before final re -aeration. The permit requires that effluent samples be
pulled after all treatment processes. This is a repeat violation, as it was also
documented in NOV-2020-PC-0545 dated December 21, 2020.
F. NPDES PERMIT NO. NCO026646 contains the following relevant permit conditions:
• NPDES Permit NCO065358 Part II. Section C. Paragaph 2
• NPDES Permit NCO065358 Part II. Section C. Paraaaph 7
• NPDES Permit NCO065358 Part II. Section D. Paragaph 1
G. A DWR file review confirmed that Town of Pilot Mountain 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 any
effluent standards, limitations, permit conditions, or rules/regulations established
for any point source.
H. DWR never received a letter from Town of Pilot Mountain in response to the
Notice of Violation -Notice of Intent to Enforce NOV-2023-PC-0475.
The cost to the State of the enforcement procedures in this matter totaled
441.84.
Based upon the above Findings of Fact, I make the following:
II. CONCLUSION OF LAW
A. Town of Pilot Mountain is a 'person' within the meaning of G.S. 143-215.6A
pursuant to G.S. 143-212 (4).
B. The Ararat River located at the site constitutes waters of the State within the
meaning of G.S. 143-212 (6).
C. Town of Pilot Mountain was issued NPDES Permit No. NCO026646 in accordance
with G.S. 143-215.1(a) for the operation and maintenance of a wastewater
NORTH CAROLINAD E Q
oeo+ro�.m m F,mro���w n�si�
North Carolina Department of Environmental Quality I Division of Water Resources
Winston-Salem Regional Office 1 450 W. Hanes Mill Rd, Suite 300 1 Winston-Salem, North Carolina 27105
336.776.9800

treatment plant and the discharge of wastewater in compliance with permit limits
and conditions.
D. On August 28, 2023, Town of Pilot Mountain violated NPDES Permit NC0026646;
• Part II, Section C. Paragraph 2 by failing to properly operate and maintain at
all times all facilities and systems of treatment and control (and related
appurtenances) which are installed or used by the Permittee to achieve
compliance with the conditions of this permit;
• Part II. Section C. Paragraph 7 by failing to maintain adequate safeguards (as
required by 15A NCAC 02H .0124) to prevent the discharge of untreated or
inadequately treated wastes during electrical power failures either by means
of alternate power sources, standby generators, or retention of inadequately
treated effluent; and,
• Part II. Section D Paragraph 1 by failing to collect samples representative of
the permitted discharge effluent at the monitoring point specified in the
permit.
E. Town of Pilot Mountain 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 permit or certification issued pursuant
to authority conferred by this Part.
F. The State's enforcement cost in this matter may be assessed against Town of Pilot
Mountain pursuant to G.S. 143-215.3 (a)(9) and G.S. 143B-282.1(b)(8).
G. Jennifer F. Graznak, 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.
Based upon the above Findings of Fact and Conclusions of Law, I make the following:
Accordingly, Town of Pilot Mountain is hereby assessed a civil penalty of:
2,000.00 1 of 1 violation of NPDES Permit NCO026646 Part II Section C Paragraph 2 by
failing to properly operate and maintain at all times all facilities and systems of
treatment and control (and related appurtenances) which are installed or used
by the Permittee to achieve compliance with the conditions of this permit.
1,000.00 1 of 1 violation of NPDES Permit NCO065358 Part II Section C Paragraph 7 by
failing to maintain adequate safeguards (as required by 15A NCAC 02H .0124)
North Carolina Department of Environmental Quality I Division of Water Resources
D � Winston-Salem Regional Office 1 450 W. Hanes Mill Rd, Suite 300 1 Winston-Salem, North Carolina 27105
NCRTH CARCLINA ^ 336.776.9800
gaparNrM of Emironmanfal quay

to prevent the discharge of untreated or inadequately treated wastes during
electrical power failures either by means of alternate power sources, standby
generators, or retention of inadequately treated effluent.
1,000.00 1 of 1 violation of NPDES Permit NCO065358 Part II Section D Paragraph 1 by
failing to collect samples representative of the permitted discharge effluent at
the monitoring point specified in the permit.
4 000.00 TOTAL CIVIL PENALTY, authorized by G.S. 143-215.6A
441.84 Enforcement Cost
4,441.84 TOTAL AMOUNT DUE
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:
(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 violations;
(2) The duration and gravity of the violations;
(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 violations were 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.
DocuSigned by:
11/6/2023 (��ton "-,
oozD3CE3F187ass_.
Date Jennifer F. Graznak
Division of Water Resources
D North Carolina Department of Environmental Quality I Division of Water Resources
✓ Winston-Salem Regional Office 1 450 W. Hanes Mill Rd, Suite 300 1 Winston-Salem, North Carolina 27105
NORTH CAROLINA 336.776.9800
naparMeM of EmironmanW 9uallly