NC0026441_LV-2021-0031 CPA w Green Card_20210215

4
\11I H -! s rEL. \V
s \ I_L
r.
r
iP 1 I. 11.1.14
fn. 'ruimrn:uf Qualify
Ccrtificti Hail # 7017268000002219)5343
Return Receipt Itenuested
Uebntary 15, 2021
Roy Lynch, Manager Town
-1'o\yn of Siler City
I'O Box 769
Siler City, NC 27344
SUL3JECf: / otice of Violation and Assessment ores\ it Pcnalt\
liir Violations of North Carolina General Statute ((G.S.) 143-215.I (a)(6)
and NI'DES \VW Permit No. NC0026441
Town of Siler City
Siler City \\' VTI'
Case No. LV-2021-0031
Chatham County,
Dear Permitter:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of S1,543.59 (S1,500.00 civil
penalty - S 13.59 enforcement costs) against Town of Siler City.
Fhis assessment is based upon the following facts: a review has been conducted of the Discharge Monitoring Report
i UM11?) submitted by Town n of Siler City for the month of July 2020. -I his re\ iew has shown the subject facility to be in
iolation oldie discharge limitations and.'or monitoring_= requirements found in NPDES \V\V Permit No. NC0026441. 111e
violations, \\ hich occurred in July 2020, are summarized in Attachment .1 to this letter.
Based upon the abo\c facts, I conclude as a matter of law that Town of Siler City Violated the terms, conditions or
:-requirements o1 NPDES WW Permit No. NC'0026441 and G.S. 1 13-215.1(a)(61 in the manner and extent shown in
=\ttachmcnt A. In accordance with the maxinums established by G.S. 143-21 5.6A(a)(2). a civil penally may be assessed
i+_ainst any person who violates the terms, conditions or requirements of a permit required by C.S. 143-215.1(a).
r ilrsEQ~' .ik-. S
-, , 4 - - 4 . , J
I

Ii,nsed upon the above findings of fact and conclusions of law, and in accordance with authority pro%ided by the
Secretary of the Department of l n% ironmental Quality and the Director of the Division of Water Resources, 1, Vanessa I.
1vfanuel, Assistant Regional Supervisor, Raleigh Reoional Oflicc hereby make the following, civil penalty assessment
against Tow n of Siler City:
S750.00 f of 1 violations of G.S. 143-215.1(a)(6) and Permit No. NC0026 41, by discharging waste water
into the waters of the State in s. iolation of the Permit Weekly Average for I3OD, 5-Dav (21) I/et. C)
- Concentration
S750 Ot) I of 1 violations of G.S. 143-21 5.1 (a)(6) and Permit No. NC0026 4 f , by dischargin!u. waste w ater
into the eaters of the State in violation of the Permit Weekly Average for Nitroucn, Ammonia
Total (as N) - Concentration
SI.500.00 TOTAL C1V1L PENALTY
S43.59 Enforcement Costs
S1.543.59 TO`FAL AMOUNT I)UE
Pursuant to (1 13-215.6A(c), in detcnninino the amount ()Idle penalty 1 hax e taken into account the I inding s of l•act and
Conclusions of Law and the factors set forth at G.S. I43I3-282.1(b), which are:
) The degree and extent of harm to the natural resources of the State. to the public health, or to pri\ ate property
requiting from the violation;
(21 The duration and gra%ity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality:
(4) Hie cost of rectifying the damage;
(5) The amount of money saxcd by noncompliance:
(6) Whether the x iolation was committed w illfully or intentionally:
(7) The prior record of the violator in coniplyim_ or failing to comply w ith programs over w hich the En%ironmcntal
Management Commission has regulatory authority; and
(S) The cost to the State of the (mil-wcenient procedures.
\Vtiliin thirty (30) day % of receipt of this notice. you must do one of the follow
(I) Submit payment of the penalty. OR
(2) Submit a written request for remission. O1Z
(3) Submit a written request for an adIluiiKKtrati\e hearing
Option 1: Submit payment of the penalty:
Pay inept shy'uld be made directly to the order of the Department of 1:1i% ironmental Quality (do not include waiver
.lirrni). Payment oldie penalty will not foreclose further ei,forceinent action for any continuing or new \ iolation(s).
Please submit payment to the attention of:
Wastewater I3rancli
Division of Water Resources
617 Mail Service Center
Raleigh, North Carolina 27699-161 7

Option 2: Submit a \critter request for remission or mitigation including a detailed justification for such
request:
Please be av are that a request For remission is limited to consideration of air rive 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 tactual statements contained in
the civil penalty assessment document. l3ecause a remission request forecloses the option of an administrative hcarinu,
such a request must be accompanied by a waiver of your right to an adininlstratl\e hearinu and a stipulation and
agreement that no factual or legal issues are in dispute. Please prepare a detailed statement that establishes why \'ilu
believe the civil penalty should be remitted, and submit it to the Division of Water Resources at the address listed be{o\1 .
In determinang whether a remissi0n request will be approved, the following factors shall be considered:
(1) whether one or more of the civil penalty assessment (actors in NCGS 14313-282.1(b) was \rrongfully°
applied to the detriment of the petitioner;
(2) whether the violator promptly abated continuing environmental damage resulting_ from the violation;
(3) \vhether the \ iolation 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 \\'ill prevent payment for the reimiininu necessary remedial actions.
Please note that all e% i• fence presented in support ofy our 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 mill provide details reuardinu the case status, directions for payment, and
provision for further appeal ol'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 reouest remission. \ou must complete and submit the enclosed "Request for Remission of Civil Penalties,
Waiver of Ridht to an _ldrninistratt\e l learine. and Stipulation of f aci, form within thirty (30) da\s of receipt of this
notice. The Division of Water Re.ources also requL•sts that VOL! complete and submit the enclosed "Justification for
Remission Request. -
Both forms should be submitted to the folio\\ in<u address:
`\rite\\ ater 1 rane1i
Di%tsion of Water Re,,ourcea
1617 Mail Ser\ ice Center
Raleiuh. North Carolina 27699-161

Option 3: File a petition for an administrative hearing Nv ith the Office of Administrative Ilearings:
II yo i wish to contest any statement in the attached assessment document you must file a petition for an aclministratRe
hearing. You may obtain the petition form front the Office of Administrative 1Iearings. You must file the petition with
the Office of Administrative Ilearimis within thirty (30) days of receipt of this notice. A petition is considered filed
when it is received in the Office of Administrative l Icarin_s duriiw normal office hours. The Office of Administrative
11earinya5 accepts filings Monday through Friday between the hours of S:00 a.m. and 5:00 p.m., except for official suite
holidays. The petition may be filed by facsimile (fax) or electronic mail by an attached file (with restrictions) - provided
the siancd nriginal, one (1) copy and a Tiling fee (if a filing. fee is required by NCGS § 15013-23.2) is received in the
Office of Adii iiiistratik c 1 Iearins within seven (7) business days following the fixed or electronic tranNmission. You
,hoidd cc?nt__t the Office of Administrative I-learnut!s with all questions reilardinti the fee and'or the details of the
tiling. process.
The mailing address and telephone and fax numbers for the Off ice of Administrative I Icarings are as follows:
6714 Mail Service Center
Raleigh, NC 27699 6714
Tel: [phone]
fax: [phone]
One (1) copy oldie petition must also be served on DEQ as follows:
NIr. William F. Lane, General Counsel
Department or Environmental Quality
1601 Mail Set -%ice Center
Raleigh, North Carolina 27699-1601
Please indicate the case number (as found on pate one of this letter) on the petition.
failure to exercise one of the options abol, e 1vithin thirty (30) days of receipt of this letter, as e' idenced by an internal
date time recciked stamp (not a postmark). a ill result in this matter being referred to the Attorney General's Office for
collection of the penalty through a ci it action. Please be ads ised tha° additional penalties may be assessed for A. iolations
that occur alter the re\ iew period of this assessment.
If }oil have any questions, please contact Chem, Zhang ith the Division of Water Resources staff o[ the Raleigh Re�,ional
Office at [phone] or via email at cheng.ihan'a nedenr.Li.ov.
Sincerely.
Vanessa F. it1uniel, Assistant Regional Supervisai
Water Quality Regional Operations Section
Raleigh Regional Office
Division ofWater Resources, NC'DI'Q
A'I�I'ACI!�II NTS
Cc: \VQS Raleigh Regional Office - Enforcement File
NI'DES Contpliance•Enforcement Unit - Enforcement rite
Lascrl iclie

JUST IIICA T1ON FOR REMISSION REQUEST
Case Number: LV-2021-0031
Assessed Par•ty: Town of Silcr City
Permit No.: NC0026441
County: Chatham
Amount Assessed: S 1,54359
Please use this fat in when requesting remission of this civil penalty. You must also complete the "Reque'.1! For Rcin vsion,
Il uircr of Right to an Administrative Hearing, and Stipulittion of. Facts" form to request remission of this cis i1 penalty.
You shoul_l 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 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 \rllttlier 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. § 14313-282.1(c), remission of a civil
penalty may b•e .:ranted only when one or more of the follow illg five factors apply. Please check each factor that you
believe applies to your case and provide a detailed explanation. includiii copies of supportin2 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) w ere w ronufully applied to the
detriment of the petitioner (tile assessment factors are listed in tlti, civil penalty a.s u'.ssment document);
(b) the violator promptly abated continuing, ells ironmental daniatLe resulting froiii the N iolation (i.e., explain the
.steps that you took to correct the violation and prevent future occ itrrc°iices);
(e) the violation was inadvertent or a result of an accident (i.c., explain why the violation was unavoidable or
something VUtt could no! prevent orlireparL fo ):
(d) the violator had not been assessed civil penalties for any previous violations,
(c) payment of the civil penalty will prevent payment for the reinainin4.2 iiecessar\ remedial actions (i.e., c,11+Jain
holl•liarn,cut of the civil penalty will prevent vote Frain perfiirtiiiiig tlic aetivitia, ikL'cVssarr to rrcltic 1 c
comp1itincc').
EXPLAN_1'1'ION:

sTAIr o1- NoRT 11 cAROLINA
COUNTY OF CI IA FI'AEI
IN .11 fE I" I'ER OF ASSESSMENT
OF CIVIL PI:NAI_-I IFS AGAINST
Tow n of Siler City
Mier City WWII'
PERNI IT NO. NC0026441
DI1PA12I \II=.N'1 O1' l,NVIRONNIENTAL QUALITY
«'AIVER OF RIGHT TO AN
ADMINISTRATIVE HEARING ANI)
STIPUL-1TION OF FACTS
CASE: NO. IN-2021-0031
I Ia\ ink_ been assessed civil penalties tolalin�ii $j 543.i9 for \ iolation(s) as sot forth in the assessment document oldie
DIN ision of Water Resources elated February 15. 2021, the undcrsiimcd, desirirw to seek remission of the civil -penalty, clues
IY, rt b}' to aYve the i'ii ht to an administrative hearing, in the above -stated matter and does stipulate that the (acts are as
Y; I.-�,ed in the assessment document. The w (1ersit ned further understands that all e‘ idence presented in support of
enti lion 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 e% idenee in support of a remission request will be allowed after (30) days
font the receipt of the notice of assessment.
This the
day of . 20
SIGNATURE
:\UI)RI=SS
11:LEPIIONI_

ATTACHMENT A
Town of Siler City
CASE NUMBER: LV-2021-001
PERMIT: NC0026441
FAC!LITY: Site;• City VWVTP
REGION: Raleigh
COUNTY: Chatham
LIMIT VIOLATIONS)
SAV PLE LOCATION: Outfall 001 - Effluent
Violation Report
Date Month/Yr Parameter
Unit of Limit Calculated % Over Violation Penalty
Frequency Measure Value Value Limit Type Amount
7/4/2020 7•-2020 BOD, 5-Day (20 Deg. 2 X week mg/I 7,50 10.8 44.0 Weekly
C) - Concentration Average
Exceeded
S750.00
7/4/2020 7-2020 Nitrogen, Ammonia 5 X week rrtg/I 3 4.22 40,8 Weekly
Total (as N) - Average
Concentration Exceeded
S750.00

41't
1i
I.�
a
EKES 6t22 0000 0992 ZTOL
ti!t1
0
❑ ❑
0
m
rn
0-
Q
D
Q
O
co
-o
ru
a
a
cc
CC
L]
PS Form 3811, February 2004

_ p
z Z c
NJ rn=1
O
D ▪ < % m
`r.. n cl
O o
z z
O O
o
m
n ,
m --1
z N
NC Dep#0£EnVuoninental 4.
•
cn
Q
m
CD
0
c
Cl
(D
Q
a
cn
cn
Q
5
MAR -- l 21191
cr
Raleigh Regional Off to
ziossmaatts
Ott
s31n1:08 1V1SOd savis aaiiN j
co Go 0
z mm
o po y
0 TM
d.
0 W —
3
a
3
F
1
a
G ag ri- Cln'f G o
t5=�a��� ^ya `3.�
n n
G Ci C i3r p C 4i' G O
G =Oh a� �a!!II.
�ifjq
C D mac' _i W
a'-s1 e±�mo
a G c A
2,7 'e =g ,E
Pza