NC0026441_LV-2020-0127 Enforcement (Letter)_20200701

ROY COOPER
Governor
MICHAEL S. REGAN
sermlary
S. DANIEL SMITH
Director
Certified Mail # 70172680000022368990
Return Receipt Requested
Roy Lynch, Town Manager
Town of Siler City
PO Box 769
Siler City, NC 27344
STAJ
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NOR 1 1 1 CAR21 1,AA
Environmental Quality
July 1, 2020
SUBJECT: Notice of Violation and Assessment of Civil Penalty
for Violations of North Carolina General Statute (G.S.) 143-215, 1 (a)(6)
and NPDES WGV Permit No. NC0026441
Town of Siler City
Siler City WWTP
Case No. LV-2020-0127
Chatham County
Dear Pernvttee:
i
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of 51,541.69 (S 1,500.00 civil
penalty + $4I.69 enforcement costs) against Town of Siler City.
This assessment is based upon the following facts: a review has been conducted of the Discharge Monitoring Report
(DMR) submitted by Town of Siler City for the month of November 2019. This review has shown the subject facility to
be in violation of the discharge limitations and/or monitoring requirements found in NPDES W V Permit No. NC0026441.
The violations, which occurred in November 2019, are summarized in Attachment A to this letter.
Based upon the above facts, 1 conclude as a matter of law that Town of Siler City violated the terms, conditions or
requirements of NPDES WW Permit No. NC0026441 and G.S. 143-215.1(a)(6) in the manner and extent shown in
Attachment A. In accordance with the maximums established by G.S. 143-215.6A(a)(2), a civil penalty 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 la%%, and in accordance %% ith authority provided by the
.Ssecrqtaryof tlie-DL"j�artment of Environmental Quality and the Director of the Division of Water Resources, 1, Scott
Vinson, Regional Supervisor, Raleigh Regional Office hereby make the follo«ing civil penalty assessment against Town
of Siler City:
1 500.00 1 of I violations of G.S. 143-215, l (a)(6) and Permit No. NCO026.441, by discharging waste water
into the eaters of the State in violation of the Permit )Monthly Average for Cadmium, Total (as Cd1
1.500.00 TOTAL CIVIL PENALTY
41.69 Enforcement Costs
$1.541.69 TOTAL AMOUNT DUE
Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into account the Findings of Fact and
Conclusions of Law and the factors set forth at G.S. 143B-282.1(b), «hick 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 «ith programs over which the Environmental
Management Commission has regulatory authority; and
(8) The cost to the State of the enforcement procedures.
Within thirty (30) days of receipt of this notice, you must do one of the follo" in-:
(1) Submit payment of the penalty, OR
(2) Submit a written request for remission, OR
(3) Submit a written request for an administrative hearing
Option 1: Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environmental Quality (clo not inchule waivel-
forni). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s).
Please submit payment to the attention of:
Wastewater Branch
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617

Option 2: Submit a written request for remission or mitigation including a detailed justification for such
request:
Please be aware that a request for remission is limited to consideration of the five factors listed below as they may
relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper
procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in
the civil penalty assessment document. Because a remission request forecloses the option of an administrative hearing,
such a request must be accompanied by a waiver of )'our 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 143 B-282. I (b) was wrongfully
applied to the detriment of the petitioner;
(2) whether the violator promptly abated continuing environmental dama4ge 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 "Re nest for Remission of Civil Penalties.
Waiver of Rieht to an Administrative Hearing. and Stipulation of Facts" form within thirty 30days 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:
Wastewater Branch
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617

Option 3: File a petition for an administrative hearing with the Office of Administrative H_earines:
If you wish to contest any statement in the attached assessment document you must file a petition for an administrative
hearing. You ma) obtain the petition form from the Office of Administrative Hearings. You must file the petition %pith
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 Hearinas during normal office hours. The Office of Administrative
Hearings accepts filings Monday through Frida) between the hours of 8:00 a.m. and 5:00 p.m., except for official state
holidays. The petition may be filed by facsimile (fax) or electronic mail by an attached file («ith restrictions) - provided
the signed original, one (1) copy and a filing fee (ifa filing fee is required by NCGS § 15013-23.2) is received in the
Office of Administrative Hearings within seven (7) business da) s following the faxed or electronic transmission. You
should contact the Office of Administrative Hearings with all questions reuardina the filine fee and or the details of the
filing process.
The mailing address and telephone and fax numbers for the Office of Administrative Hearings are as follows:
6714 Mail Service Center
Raleigh, NC 27699 6714
Tel: [phone]
Fax: [phone]
One (1) copy of the petition must also be served on DEQ as follov4s:
Mr. William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, North Carolina 27699-1601
Please indicate the case number (as found on page one of this letter) on the petition.
Failure to exercise one of the options above %,, ithin thirty (30) days of receipt of this letter, as evidenced by an internal
date/time received stamp (not a postmark), will result in this matter being referred to the Attorney General's Office for
collection of the penalty through a civil action. Please be advised that additional penalties may be assessed for violations
that occur after the review period of this assessment.
If you have any questions, please contact Cheng Zhang with the Division of Water Resources staff of the Raleigh Regional
Office at (919) 7914200 or via email at cheng.zhangu`ncdenr.gov.
Sincerely,
/ � Y;�L __r
YScott Vinson, Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ
ATTACHMENTS
Cc: WQS Raleigh Regional Office - Enforcement File
NPDES CompliancelEnforcement Unit- Enforcement File
Laserfiche

JUSTIFICATION FOR REMISSION REQUEST
Case Number: LY-2020-0127 County: Chatham
Assessed Party: Town of Siler City
Permit No.: NC0026441 Amount Assessed: $1,541.69
Please use this form when requesting remission of this civ it penalty. You must also complete the "Request For Remission,
Waiver of Right to ctit Acbiiiitistratii,e Hecrriiig, and Stipulation of Facts" form to request remission of this civil penalty.
You should attach any documents that you believe support) Our request and are necessary for the Director to consider in
evaluating your request for remission. Please be assare that a request for remission is limited to consideration of the live
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. § 14313-282.I(c), remission of civil
penalty may be granted only when one or more of the follow ina 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. 14313-282. 1 (b) «ere wrongfully applied to the
detriment of the petitioner (the assessment factors are listeel in the civil penally us.sessine►It docluttent);
y (b) the violator promptly abated continuing environmental damage resulting from the violation (i.e., e_rplain the
steps that you took to correct the violation and prevent f tture occurrences);
(c) the violation was inadvertent or a result of an accident (i.e., e-Tplain irhy 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 sill prevent payment for the remaining necessary remedial actions (i.e., e_Tplain
hoar payment of the civil penalty will prevent you ft•om petforimng the activities necessary to achieve
compliance).
EXPLANATION:

STATE OF NORTH CAROLINA DEPARTLMENT OF ENVIRONMENTAL QUALITY
COUNTY OF CHATHAM
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST } ADMINISTRATIVE HEARING AND
} STIPULATION OF FACTS
Town of Siler City )
Siler City NVNVTP )
PERMIT NO. N00026441 ) CASE NO. LN'-2020-0127
Having been assessed civil penalties totaling S 1_,54.1.69 for violation(s) as set forth in the assessment document of the
Division of Water Resources dated July 1 2020, 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
ADDRESS
TELEPHONE
SIGNATURE
20

ATTACHMENT A
Town of Siler City
CASE NUMBER: LV-2020-0127
PERMIT: NCO026441
FACILITY: Siler City VWVTP
LIMIT VIOLATION(S)
SAMPLE LOCATION: Outfall 001 - Effluent
REGION: Raleigh
COUNTY: Chatham
Violation Report Unit of Limit Calculated % Over
Date Month/Yr Parameter Frequency Measure Value Value Limit
11/30/2019 11-2019 Cadmium, Total (as Monthly ug/I 2.10 3 42'9
Cd)
Violation
Type
Monthly
Average
Exceeded
Penalty
Amount
$1.500.00

DIVISION OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT
Violator: Town of Siler City
Facility Name: Siler City WWTP
Permit Number: NCO026441
County: Chatham
Case Number: LV-2020-0127
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;
No known damage to environment, public health or private property
2) The duration and gravity of the violation;
One average exceeded for cadmium. �(2 fJ( Av- 4-L— -Mf" 4t A-e`",�U
3) The effect on ground or surface water quantity or quality or on air quality;
Not documented.
4) The cost of rectifying the damage;
Not documented.
5) The amount of money saved by noncompliance;
It is not believed that any money was saved by these violations.
6) Whether the violation was committed willfully or intentionally;
It is not believed that the violations were committed 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
There have been no CPAs in the past year.
8) The cost to the State of the enforcement procedures.
$41.69
Date ti/ Scott Vinson, Regional Supervisor
D Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ