NC0026441_LV-2020-0127_20200730

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Town Manager's Office
July 30, 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-2020-0127
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-2020-0127.
Justification for remission Request:
(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);
(1) The Town feels these penalties would have never occurred had the Permitting Unit reviewed and acted
upon our request to have Cadmium removed from our permit as stated in our permit NC0026441 A. (6)
COMPLIANCE SCHEDULE FOR TOTAL CADMIUM LIMITS, if 12 monthly data points for cadmium are less
than 2.0 ug/I, we may petition the Division for this removal.
Roy Lynch
Town Manager [e-mail]
PO Box 769.311 N Second Avenue Phone:[phone]•Fax:[phone]
Siler City,NC 27344-0769 www.silercity.org
To advance a framework for our success through balanced governance,dynamic partnerships,and an engaged community.

(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) We have conducted many samplings out in our system in an effort to narrow down its location. With the
inconsistency of its appearance in our system we have not been able to find the source of the Cadmium.
(2) With no luck in finding the source we turned our effort to trying to remove the Cadmium from our
system. We met with our engineer and a couple chemical companies looking for the best way to remove
Cadmium that would help us better our process in the most effective way.After multiple jar test, we have
determined that an emulsion polymer would aid in removal of the Cadmium from our system.
We have had this set this up in our plant and it went online 05/04/2018.
(3) The Violation was found to be the result of mechanical issues with our Polymer pump that we use to
remove Cadmium from our process.The replacement parts were ordered, replaced and the pump was
back online within two days of the problem occurring.
(d)the violator had not been assessed civil penalties for any previous violations;
(1)The town had previous violations in April of 2016 and April 2017 and was not assessed a civil penalty.
With Best Regards,
Roy Lynch,
Town Manager
Roy Lynch
Town Manager [e-mail]
PO Box 769.311 N Second Avenue Phone:[phone]•Fax:[phone]
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-2020-0127 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 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:

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-2020-0127
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 1, 2020,the undersigned, desiring to seek remission of the ciyil 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 30 day of \ ,20 0�O
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ATTACHMENT A
Town of Siler City
CASE NUMBER: LV-2020-0127
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
11/30/2019 11-2019 Cadmium,Total (as Monthly ug/I 2.10 3 42.9 Monthly $1,500.00
Cd) Average
Exceeded