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HomeMy WebLinkAboutNC0026441_LV-2020-0194_20200803 °i ertg � o r,•.fvw.:,, Ord Tobin of 5:D11er (ttp Town Manager's Office RECEIVED AUG 12 2020 NCDEQ/DWRINPDES August 3, 2020 Scott Vinson, Regional Supervisor Raleigh Regional Office Division of Water Resources, NCDEQ 1617 Mail Service Center Raleigh, NC 27699-1617 Subject: Notice of Violation and Assessment of Civil Penalty For violation of North Carolina•General Statute (G.S.) 143-215.1(a)(6) And NPDES WW Permit No. NC0026441 Town of Siler City WWTP Case No. LV-2020-0194 Chatham County Dear Sir, This letter is a request for remission of civil penalties assessed to the Town of Siler City for Permit violations as stated in Case No. LV-2020-0194. Justification for remission Request: (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); (1) These Ammonia spikes were due to extended hold times on sludge caused by an extremely wet season not allowing us to land apply. We are working closely with our sludge hauler to get this problem resolved. With Best Regards, Roy Lynch Town Manager Roy Lynch Town Manager rlynch@silercity.org PO Box 769.311 N Second Avenue Phone:919-742-4731•Fax:919-663-3874 Siler City,NC 27344-0769 www.silercity.org To advance a framework for our success through balanced governance,dynamic partnerships,and an engaged community. JUSTIFICATION FOR REMISSION REQUEST Case Number: LV-2020-0194 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 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: c STATE OF NORTH CAROLINA DEPARTMENT 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 WWTP ) ) PERMIT NO.NC0026441 ) CASE NO. LV-2020-0194 Having been assessed civil penalties totaling$1,541.69 for violation(s)as set forth in the assessment document of the Division of Water Resources dated July 15, 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 3 day of inS-\- ,20 Q SIGNATURE RECEIVED ADDRESS AUG 12 2020 C ,#(3 NDDEQ/DWR/NPDES R.b. bdk J?(0,7 5; LLD_ C u) L a 7 3' 1 TELEPHONE (91c6 -1`-ioZ- 9 7:31 ATTACHMENT A Town of Siler City CASE NUMBER: LV-2020-0194 PERMIT: NC0026441 REGION: Raleigh FACILITY: Siler City WWTP COUNTY: Chatham LIMIT VIOLATION(S) SAMPLE LOCATION: Outfall 001 -Effluent Violation Report Unit of Limit Calculated %Over Violation Penalty Date Month/Yr Parameter Frequency Measure Value Value Limit Type Amount 3/31/2020 3-2020 Nitrogen,Ammonia 5 X week mg/I 2 2.81 40.3 Monthly $1,500.00 Total(as N)- Average Concentration Exceeded