NC0026441_PC-2020-0045_20210827

DocuSign Envelope ID:98FEFC38-F75D-472C-8CF1-9164CC103632
ROY COOPER 1 '7:'
Governor t'NIl ti
JOHN NICHOLSON l�s�
Interim Secretary eilkokeetv0.
S.DANIEL SMITH NORTH CAROLINA
Director Environmental Quality
8/27/2021
CERTIFIED MAIL 7018 1830 0001 8037 1011
RETURN RECEIPT REOUESTED
Roy Lynch,Town Manager
Town of Siler City
PO Box 769
Siler City,NC 27344
SUBJECT: ASSESSMENT of CIVIL PENALTIES
for Violations of NPDES Permit NC0026441
Siler City WWTP
Case Number:PC-2020-0045
Chatham County
Dear Mr.Lynch:
This letter transmits a notice of a civil penalty assessed against the Town of Siler City in the amount of
$20,043.95($20,000.00 civil penalty+$43.95 in enforcement costs).
This assessment is based upon the following facts: During an inspection conducted on June 3,2020,staff from
the Division of Water Resources Raleigh Regional Office observed the dual aerobic digesters near full capacity
and the influent equalization or sludge storage basins(zones 3 A&B)were also near full capacity. The high
volume of sludge in the sludge digesters/tanks prevented the Town of Siler City to properly waste sludge,which
resulted in the high Mixed Liquor Suspended Solids(around 8000 mg/L,about 60%higher than targeted value)
in the dual oxidation ditches and high sludge blankets in both secondary clarifiers.
The State's enforcement costs in this matter may be assessed against the Town of Siler City pursuant to NCGS.
143-215.3(a)(9)and NCGS 143B-282.1(b)(8).
Based upon the above facts,I conclude as a matter of law that the Town of Siler City violated the terms,
conditions or requirements of NPDES Permit NC0026441 in the manner and extent shown above. 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 law,and in accordance with authority provided by the
Secretary of the Department of Environmental Quality and the Director of the Division of Water Resources,I
hereby make the following civil penalty assessment against the Town of Siler City:
$ 5,000.00 For 2 of 2 violation(s)of NPDES Permit No.NC0026441 Part II. Section C.2.by
failing to properly operate and maintain the wastewater treatment plant by not having
adequate storage in Aerobic Digesters A and B.
$ 5,000.00 For 2 of 2 violation(s)of NPDES Permit No.NC0026441 Part II. Section C.2.by
failing to properly operate and maintain the wastewater treatment plant by not having
adequate storage in Sludge Storage Basins 3A and 3B.
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Q'- North Carolina Department of Environmental Quality Division of
`�f/(\ 512 North Salisbury Street lot?Mail Service Center I Raleigh.NorthWater CarolinaResources 27699 1617
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DocuSign Envelope ID:98FEFC38-F75D-472C-8CF1-9164CC103632
$ 5,000.00 For 2 of 2 violation(s)of NPDES Permit NC0026441 Part II. Section C.2.by failing to
properly operate and maintain the wastewater treatment plant by not having adequate
storage in the Sludge Thickening Basin.
$ 2,500.00 For 1 of 1 violation(s)of NPDES Permit NC0026441 Part II. Section C.2.by failing to
properly operate and maintain the wastewater treatment plant by not maintaining the
Mixed Liquor Suspended Solids(MLSS)in the Oxidation Ditches at or below 5000
mg/L.
$ 2,500.00 For 1 of 1 violation(s)of NPDES Permit NC0026441 Part II. Section C.2.by failing to
properly operate and maintain the wastewater treatment plant by not maintaining the
sludge blankets less than 25%of the sidewall depth in Clarifiers#1 and#2.
$ 43.95 Enforcement Costs
$ 20.043.95 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),which 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 with programs over which the
Environmental Management Commission has regulatory authority;and
(8) The cost to the State of the enforcement procedures.
Within thirty days of receipt of this notice,you must do one of the following:
1. Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environmental Quality(do not include
waiver form). Payment of the penalty will not foreclose further enforcement action for any continuing or new
violation(s). Please submit payment to the attention of:
Wren Thedford
NC DEQ/DWR/Water Quality Permitting Section
1617 Mail Service Center
Raleigh,North Carolina 27699-1617
OR
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 your 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:

DocuSign Envelope ID:98FEFC38-F75D-472C-8CF1-9164CC103632
(1) whether one or more of the civil penalty assessment factors in NCGS 143B-282.1(b)was wrongfully
applied to the detriment of the petitioner;
(2) whether the violator promptly abated continuing environmental damage 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 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"Request for Remission of Civil
Penalties,Waiver of Right to an Administrative Hearing,and Stipulation of Facts"form within thirty(30)days
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:
Wren Thedford
NC DEQ/DWR/Water Quality Permitting Section
1617 Mail Service Center
Raleigh,North Carolina 27699-1617
OR
3. File a petition for an administrative hearing with the Office of Administrative Hearings:
If you wish to contest any statement in the attached assessment document,you must file a petition for an
administrative hearing. You may obtain the petition form from the Office of Administrative Hearings. You
must file the petition with 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 Hearings during normal office
hours. The Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8:00
a.m.and 5:00 p.m.,except for official state holidays. The original and one(1)copy of the petition must be filed
with the Office of Administrative Hearings. The petition may be faxed provided the original and one copy of
the document is received in the Office of Administrative Hearings within five(5)business days following the
faxed transmission. The mailing address for the Office of Administrative Hearings is:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh,North Carolina 27699-6714
Telephone[phone] Facsimile: [phone]
AND
Mail or hand-deliver a copy of the petition to:
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.

DocuSign Envelope ID 98FEFC38-F75D-472C-8CF1-9164CC103632
Failure to exercise one of the options above within 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 about this letter,please contact Cheng Zhang of the Raleigh Regional Office at 919-
791-4200.
Sincerely,
Docuagned by:
8328844CE9EB4A1...
John Hennessy
Compliance and Expedited Permitting Unit Supervisor
Division of Water Resources,NC DEQ
cc: NPDES Enforcement File: PC-2020-0045—Laserfiche
Raleigh Regional Office—Laserfiche

DocuSign Envelope ID.98FEFC38-F75D-472C-8CF1-9164CC103632
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 ) ADMINSTRATIVE HEARING AND
TOWN OF SILER CITY ) STIPULATION OF FACTS
SILER CITY WWTP )
)
PERMIT NO. NC0026441 ) FILE NO. PC-2020-0045
Having been assessed civil penalties totaling $20.043.95 for violation(s) as set forth in the
assessment document of the Division of Water Resources,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 , 2021.
PRINTED NAME
SIGNATURE
ADDRESS
TELEPHONE

DocuSign Envelope ID 98FEFC38-F75D-472C-8CF1-9164CC103632
JUSTIFICATION FOR REMISSION REQUEST
DWR Case Number: PC-2020-0045 County: Chatham
Assessed Entity: Town of Siler City
Permit No.: NC0026441 Amount Assessed: $20,043.95
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:

DocuSign Envelope ID 98FEFC38-F75D-472C-8CF1-9164CC103632
DIVISION OF WATER RESOURCES-CIVIL PENALTY ASSESSMENT
Violator: Town of Siler City—Siler City WWTP
County: Chatham
Case Number: PC-2020-0045
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;
The facility had a series of operational failures starting late February 2020 and ending in early July 2020,due
to unable to waste sludge properly.High levels of ammonia,BOD,and fecal coliform in the effluent
coincided with observed water quality degradation in Rocky River.
2) The duration and gravity of the violation;
The facility had a series of operational failures starting late February 2020 and ending in early July 2020.
3) The effect on ground or surface water quantity or quality or on air quality;
High levels of ammonia,BOD,and fecal coliform in the effluent coincided with observed water quality
degradation in Rocky River.
4) The cost of rectifying the damage;
Unknown—There is no mechanism to remove waste already discharged in excess of permitted limit.
5) The amount of money saved by noncompliance;
The exact cost is unknown.
Due to the wet weather condition during the period,the contracted sludge hauler was unable to remove
sludge from the facility as planned.The facility failed to take actions(contacting other sludge haulers,
bringing in on-site sludge handling equipment,etc.)to solve the problem.
6) Whether the violation was committed willfully or intentionally;
There is no evidence that the violation was willful or intentional,however the facility has been slow to
resolve the known issues.
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
Permittee has had a significant prior history of violations,which include limit multiple permit limit violations
for Ammonia Nitrogen,BOD,Fecal and Cadmium from 2018 to 2021.
•LV-2021-0031 for violations in July 2020:BOD,Weekly Avg;Ammonia,Weekly Avg—paid
•LV-2020-0338 for violations in June 2020:BOD,Weekly Avg;BOD,Monthly Avg;Ammonia,Weekly
Avg;Ammonia,Monthly Avg—paid
•LV-2020-0294 for violations in May 2020:Fecal Coliform,Weekly Geo.Mean;BOD,Weekly Avg;BOD,
Monthly Avg;Ammonia,Weekly Avg;Ammonia,Monthly Avg—paid
•LV-2020-0292 for violations in April 2020:BOD,Weekly Avg;Ammonia,Weekly Avg;Ammonia,
Monthly Avg—paid
•LV-2020-0194 for violations in March 2020:Ammonia,Monthly Avg—unpaid

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• LV-2020-0127 for violations in November 2019:Cadmium,Monthly Avg—paid
•LV-2018-0193 for violations in January 2018:Cadmium,Monthly Avg—paid
8) The cost to the State of the enforcement procedures.
$43.95 DocuSigned by:
8/27/2021
8328B44CE9EB4A1...
Date John Hennessy
Compliance and Expedited Permitting Unit Supervisor
Division of Water Resources,NC DEQ

DocuSign Envelope ID:98FEFC38-F75D-472C-8CF1-9164CC103632
STATE OF NORTH CAROLINA NORTH CAROLINA DEPARTMENT OF
ENVIRONMENTAL QUALITY
COUNTY OF CHATHAM
IN THE MATTER OF ) CASE NO.PC-2020-0045
TOWN OF SILER CITY )
SILER CITY WWTP ) FINDINGS AND DECISION
) AND ASSESSMENT OF
) CIVIL PENALTIES
FOR VIOLATIONS OF: )
NPDES PERMIT NO.NC0026441 )
Acting pursuant to North Carolina General Statute(G.S.) 143-215.6A,I,John Hennessy,of the Division of
Water Resources(hereby known as DWR),make the following:
I. FINDING OF FACT
A. The Town of Siler City is a person organized and existing under the laws of the State of North
Carolina.
B. On April 30,2019,the Town of Siler City was issued NPDES Permit Number NC0026441
effective May 1,2019,for the operation and maintenance of a wastewater treatment plant
located at the Siler City WWTP,with the discharge of treated effluent into Loves Creek,
classified as C waters in the Cape Fear River Basin,in accordance with the provisions of Article
21 of Chapter 143,General Statutes of North Carolina.
C. On June 3,2020,Cheng Zhang of the Raleigh Regional Office(RRO)of the Division of Water
Resources(DWR),conducted a reconnaissance inspection of Siler City WWTP.While onsite,
DWR staff observed:
• Aerobic Digesters A and B were almost full;
• Sludge Storage Basins 3A and 3B were almost full;
• The Sludge Thickening Basin had two feet of available space;
• The Mixed Liquor Suspended Solids(MLSS)at 8000 m in the oxidation ditches,which
q P mg/L
60%higher than the targeted value(5000 mg/L);and
• The sludge blankets at 9 feet in Clarifier#1 and 9.5 feet in Clarifier#2;the sidewall depth
for both units is 14 feet.
D. On July 20,2020,Cheng Zhang of the Raleigh Regional Office(RRO)of the Division of Water
Resources(DWR),conducted a compliance sampling inspection of Siler City WWTP.While
onsite,DWR staff took additional photos of the Aerobic Digesters,Sludge Storage Basins 3A
and 3B,and the final Sludge Basin.
E. On July 29,2020,DWR issued a Notice of Violation-Notice of Intent to Enforce(NOV-2020-
PC-0328)to the Town of Siler City.This NOV-NOI was issued in response to observations
from the inspection on June 3,2020.
F. On August 11,2020,DWR received a letter from the Town of Siler City in response to the
Notice of Violation-Notice of Intent to Enforce(NOV-2020-PC-0328),explaining the
following:
• The observed violations were a result of continuous unpredicted weather conditions;

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• Staff with the treatment plant have worked closely with Synagro(sludge hauler)to stay on
top of the sludge management;
• Due to the weather conditions,Synagro was not able to haul sludge from the plant as
frequently as needed; and
• Evaluated ways to better manage sludge under wet weather conditions,which included
bringing additional equipment on site(dewatering trailers and portable sludge press).
G. NPDES PERMIT NO.NC0026441 contains the following relevant permit conditions:
NPDES Permit NC0026441 Part II. Section C.2. Proper Operation and Maintenance
The permittee shall at all times properly operate and maintain all facilities and systems of
treatment and control(and related appurtenances)which are installed or used by the permittee to
achieve compliance with the conditions of this permit. Proper operations and maintenance also
includes adequate laboratory controls and appropriate quality assurance procedures. This
provision requires the Permittee to install and operate backup or auxiliary facilities only when
necessary to achieve compliance with the conditions of the permit.
H. A DWR file review confirmed that the Town of Siler City is not allowed as a condition of any
permit,special order,or other appropriate instrument issued or entered into by the Commission
under the provisions of this Article to violate water quality standards applicable to an assigned
classification or to violate any effluent standard,limitations,permit conditions,or
rules/regulations established for any point source.
I. The cost to the State of the enforcement procedures in this matter totaled$43.95.
Based upon the above Findings of Fact,I make the following:
II. CONCLUSION OF LAW
A. The Town of Siler City is a`person' within the meaning of G.S. 143-215.6A pursuant to G.S.
143-212(4).
B. The Loves Creek located at the site constitutes waters of the State within the meaning of G.S.
143-212(6).
C. The Town of Siler City was issued NPDES Permit No.NC0026441 in accordance with G.S. 143-
215.1(a)for the operation and maintenance of a wastewater treatment plant and the discharge of
wastewater in compliance with permit limits and conditions.
D. On June 3,2020 and July 20,2020,the Town of Siler City violated NPDES Permit NC0026441
Part II Section C.2.by failing to properly operate and maintain the wastewater treatment plant
by not having adequate storage in Aerobic Digesters A and B.
E. On June 3,2020 and July 20,2020,the Town of Siler City violated NPDES Permit NC0026441
Part II Section C.2.by failing to properly operate and maintain the wastewater treatment plant
by not having adequate storage in Sludge Storage Basins 3A and 3B.
F. On June 3,2020 and July 20,2020,the Town of Siler City violated NPDES Permit NC0026441
Part II Section C.2.by failing to properly operate and maintain the wastewater treatment plant
by not having adequate storage in the Sludge Thickening Basin.

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G. On June 3,2020,the Town of Siler City violated NPDES Permit NC0026441 Part II Section C.
2.by failing to properly operate and maintain the wastewater treatment plant by not maintaining
the MLSS in the Oxidation Ditches at or below 5000 mg/L.
H. On June 3,2020,the Town of Siler City violated NPDES Permit NC0026441 Part II Section C.
2.by failing to properly operate and maintain the wastewater treatment plant by not maintaining
the sludge blankets less than 25%of the sidewall depth in Clarifiers#1 and#2.
L The Town of Siler City may be assessed civil penalties in this matter pursuant to G.S. 143-
215.6A(a)(2),which provides that a civil penalty of not more than twenty-five thousand dollars
($25,000)per violation per day may be assessed against a person who is required but fails to
apply for or to secure a permit required by G.S. 143-215.1,or who violates or fails to act in
accordance with the terms,conditions,or requirements of such permit or any other permit or
certification issued pursuant to authority conferred by this Part.
J. The State's enforcement cost in this matter may be assessed against the Town of Siler City
pursuant to G.S. 143-215.3 (a)(9)and G.S. 143B-282.1(b)(8).
K. John Hennessy of the Division of Water Resources,pursuant to delegation provided by the
Secretary of the Department of Environmental Quality and the Director of the Division of Water
Resources,has the authority to assess civil penalties in this matter.
Based upon the above Findings of Fact and Conclusions of Law,I make the following:
III. DECISION
Accordingly,the Town of Siler City is hereby assessed a civil penalty of:
$ 5,000.00 for 2 of 2 violation(s)of NPDES Permit NC0026441 Part II. Section C. 2.by failing to
properly operate and maintain the wastewater treatment plant by not having adequate
storage in Aerobic Digesters A and B.
$ 5,000.00 for 2 of 2 violation(s)of NPDES Permit NC0026441 Part II. Section C. 2.by failing to
properly operate and maintain the wastewater treatment plant by not having adequate
storage in Sludge Storage Basins 3A and 3B.
$ 5,000.00 for 2 of 2 violation(s)of NPDES Permit NC0026441 Part II. Section C.2.by failing to
properly operate and maintain the wastewater treatment plant by not having adequate
storage in the Sludge Thickening Basin.
$ 2,500.00 for 1 of 1 violation(s)of NPDES Permit NC0026441 Part II. Section C. 2.by failing to
properly operate and maintain the wastewater treatment plant by not maintaining the
Mixed Liquor Suspended Solids(MLSS)in the Oxidation Ditches at or below 5000
mg/L.
$ 2,500.00 for 1 of 1 violation(s)of NPDES Permit NC0026441 Part II. Section C.2.by failing to
properly operate and maintain the wastewater treatment plant by not maintaining the
sludge blankets less than 25%of the sidewall depth in Clarifiers#1 and#2.
$ 20,000.00 TOTAL CIVIL PENALTY,authorized by G.S. 143-215.6A
$ 43.95 Enforcement Cost

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$ 20,043.95 TOTAL AMOUNT DUE
As required by G.S. 143-215.6A(c),in determining the amount of penalty,I considered the factors set out in
G.S. 143B-282.1(b),which 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 violations;
(2) The duration and gravity of the violations;
(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 violations were committed willfully or 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
(8) The cost to the State of the enforcement procedures.
8/27/2021 EDocuSigned by:
8/27/2021 �
8328844CE9EB4A1...
Date John Hennessy
Compliance and Expedited Permitting Unit Supervisor
Division of Water Resources