NC0026441_LV-2020-0127_20200925

DocuSign Envelope ID:D83A24AB-790E-40F3-ABF5-665E83D8C9E4
ROY COOPER g( y
Governor ) -
MICHAEL S.REGAN
Secretary ♦4401"'" *-
S.DANIEL SMITH NORTH CAROLINA
Director Environmental Quality
9/25/2020
CERTIFIED MAIL 7016 2140 0000 4371 0998
RETURN RECEIPT REQUESTED
Roy Lynch,Town Manager
Town of Siler City
PO Box 769
Siler City,NC 27344-0769
Subject: REMISSION REQUEST
CIVIL PENALTY ASSESSMENT
Town of Siler City WWTP
Chatham County
PERMIT NO:NC0026441
CASE NO:LV-2020-0127
Dear Permittee:
I have considered the information submitted in support of your request for remission in accordance with G.S. 143-
215.6A(f)and have decided to modify the initial civil penalty assessment of$1,541.69($1,500.00 civil penalty
plus$41.69 enforcement)to the total amount of$1,241.69($1,200.00 civil penalty plus$41.69 enforcement).
Should you choose to pay the modified penalty,payment should be tendered to me at the letterhead address within
thirty(30)days of receipt of this letter. Please make checks payable to the Department of Environmental Quality.
You also have the option of presenting your request to the Committee on Civil Penalty Remissions,which is
comprised of members of the Environmental Management Commission. The Committee may consider such
requests and render final and binding decisions in these matters. You may argue your request before the
Committee,and the Division staff will argue against any reduction of the assessment.
Should you choose to present your request to the Committee,please notify me at the letterhead address within
thirty(30)days of the receipt of this letter. Your request will be placed on the agenda of an upcoming Committee
meeting,and you will be notified of the date and time. If the Division does not receive a response regarding this
notice,Division staff will automatically place your case on the agenda of a future Committee meeting.
If you have any questions,please call Sydney Carpenter at 919-707-3712 or via e-mail at
Sydney:[e-mail] you for your cooperation in this matter.
Sincerely,
Doeusipmd by:
Cry
8328844CE9E94A1...
S.Daniel Smith
Director,Division of Water Resources
NorthNorth Carolina DepartmentSalisburyStreet1 of 1617 EnMailvironmService Center I Raleigh,ental Quality ! DivisionN oforth WaterCaro Resources
512 27699-1617
NORTH CAHOII D-E
+ 919.707.9000

DocuSign Envelope ID:D83A24AB-790E-40F3-ABF5-665E83D8C9E4
Page 2 of 2
Town of Siler City WWTP
Case No:LV-2020-0127
Attachment:DWR Civil Assessment Remission Factor Sheet(copy)&
Request for Oral Presentation Sheet
cc: Enforcement File#:LV-2020-0127[Laserfiche]
Raleigh Regional Office[Laserfiche]

DocuSign Envelope ID:D83A24AB-790E-40F3-ABF5-685E83D8C9E4
DIVISION OF WATER RESOURCES
CIVIL PENALTY REMISSION FACTORS
Case Number: LV-2020-0127 Region: Raleigh County: Chatham
Assessed Entity: Town of Siler City Permit: NC0026441
® (a) Whether one or more of the civil penalty assessment factors were wrongly applied to
the detriment of the petitioner:
Permittee States:Permittee states that the Town feels the subject penalty would have never occurred
had the NPDES Permitting Unit reviewed and acted upon their request to have Cadmium removed
from their permit. Permittee states that as stated in their NPDES Permit NC002644 Section A. (6.)
Compliance Schedule for Total Cadmium Limits, if 12 monthly data points for Cadmium are less than
2.0 pg/l, the permittee may petition the Division for removal of the parameter.
DWR Response:Since the effective date of the effluent limits for Total Cadmium(December 1,
2015),the treatment facility has had 6 monthly average limit exceedances. Multiple violations
validate the necessity of the Total Cadmium effluent limits.Part I Condition A.(6.)of the permittee's
NPDES permit states the permittee may petition the Division for removal of the Total Cadmium
effluent limits and monitoring requirements from the permit in the future if the permittee provides
updated effluent data that shows no reasonable potential to exceed applicable water quality standards,
specifically,if 12 monthly data points for Total Cadmium are all less than 2.0 µg/l. A search of
DWR's records revealed the receipt of the required written petition dated June 11,2015. However,
the effluent data submitted was for the period June 2014—May 2015,which preceded the new permit
requirement.
❑ (b) Whether the violator promptly abated continuing environmental damage resulting
from the violation:
Permittee States:
DWR Response:
® (c) Whether the violation was inadvertent or a result of an accident:
Permittee States:Permittee states that they have conducted many samplings throughout the system in
an effort to narrow down the source of the Cadmium, but due to the inconsistency of its appearance
in the system, they've been unable to locate the source. Permittee states they have made efforts to try
to remove the Cadmium from the system and have met with an engineer and a couple of chemical
companies to find the most effective way to remove it. Permittee states that after jar tests, they came
to the conclusion that an emulsion polymer would aid in removing the Cadmium, and have been using
this strategy in their plant since May 4, 2018. Permittee states that the violation was found to be the
result of mechanical issues with the polymer pump. Permittee states that replacement parts for the
pump were ordered, installed, and the pump was operational within two days of the violation
occurring.
DWR Response:The permittee acknowledges the exceedance of the Cadmium limit was the result of
mechanical issues with the polymer pump and was resolved when replacement parts for the pump
were installed. By not implementing proper operation and maintenance of the polymer pump,the
mechanical issues developed causing ineffective removal of cadmium from the effluent.The violation
was not the result of an accident.
® (d) Whether the violator had been assessed civil penalties for any previous violations:

DocuSign Envelope ID D83A24AB-790E-40F3-ABF5-665E83D8C9E4
Permittee States:Permittee states that the Town had previous violations in April 2016 and April
2017, and was not assessed a civil penalty.
DWR Response:The Division issued civil penalty assessments to the Town for Total Cadmium limit
violations that occurred during May 2017,November 2017,January 2018 and November 2019
(current case). In determining further enforcement action for the April 2016 and April 2017 Total
Cadmium violations,the Division considered the new permit requirement,which became effective
December 1,2015,and the permittee's prior compliance/enforcement history.
❑ (e) Whether payment of the civil penalty will prevent payment for the remaining
necessary remedial actions:
Permittee States:
DWR Response:
DECISION(Check One)
Request Denied ❑
Full Remission ❑ Retain Enforcement Costs? Yes ❑ No 0
Original Penalty(without Enforcement Costs) $_1,500.00_(enter amount)
Partial Remission ® % 20 or $ 300.00_(amount remitted)
Subtotal $ 1,200.00
Retaining Enforcement Costs $ 41.69
Total Revised Assessment $ 1,241.69
Dxusgned by:
f 9/25/2020
63281344CE9EB4A1...
S.Daniel Smith Date

DocuSign Envelope ID:D83A24AB-790E-40F3-ABF5-665E83D8C9E4
NC0026441 Remission Decision
STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
COUNTY OF CHATHAM DWR Case Number LV-2020-0127
IN THE MATTER OF ASSESSMENT OF )
CIVIL PENALTIES AGAINST: ) REQUEST FOR ORAL PRESENTATION
TOWN OF SILER CITY )
I hereby request to make an oral presentation before the Environmental Management Commission's Committee on
Civil Penalty Remissions in the matter of the case noted above. In making this request,I assert that I understand all of
the following statements:
• This request will be reviewed by the Chairman of the Environmental Management Commission and may be
either granted or denied.
• Making a presentation will require the presence of myself and/or my representative during a Committee
meeting held in Raleigh,North Carolina.
• My presentation will be limited to discussion of issues and information submitted in my original remission
request,and because no factual issues are in dispute,my presentation will be limited to five(5)minutes in length.
The North Carolina State Bar's Authorized Practice of Law Committee has ruled that the appearance in a representative
capacity at quasi-judicial hearings or proceedings is limited to lawyers who are active members of the bar. Proceedings
before the Committee on Remissions are quasi-judicial.You should consider how you intend to present your case to the
Committee in light of the State Bar's opinion and whether anyone will be speaking in a representative capacity for you
or a business or governmental entity. If you or your representative would like to speak before the Committee,you must
complete and return this form within thirty(30)days of receipt of this letter.
Depending on your status as an individual,corporation,partnership or municipality,the State Bar's Opinion affects how you
may proceed with your oral presentation. See www.ncbar.com/ethics,Authorized Practice Advisory Opinion 2006-1 and
2007 Formal Ethics Opinion 3.
• If you are an individual or business owner and are granted an opportunity to make an oral presentation before the
Committee,then you do not need legal representation before the Committee;however,if you intend on having
another individual speak on your behalf regarding the factual situations,such as an expert,engineer or consultant,
then you must also be present at the meeting in order to avoid violating the State Bar's Opinion on the unauthorized
practice of law.
• If you are a corporation.partnership or municipality and are granted an opportunity to make an oral presentation
before the Committee,then your representative must consider the recent State Bar's Opinion and could be
considered practicing law without a license if he or she is not a licensed attorney. Presentation of facts by non-
lawyers is permissible.
If you choose to request an oral presentation,please make sure that signatures on the previously submitted Remission
Request form and this Oral Presentation Request form are: 1)for individuals and business owners,your own signature and 2)
for corporations,partnerships and municipalities,signed by individuals who would not violate the State Bar's Opinion on the
unauthorized practice of law.
Also,be advised that the Committee on Civil Penalty Remissions may choose not to proceed with hearing your case if the
Committee is informed that a violation of the State Bar occurs.
This the day of ,20
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ADDRESS
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