WQCS00056_DV-2023-0034_20230301

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS. JR.
Die v, h n'
Certified Mail # 7020 3160 0000 4115 6228
Return Receipt Requested
Chris McCorquodale, Director Public Utilities
Town of Siler City
311 N Second Ave
Siler City, NC 27344
NORTH CAROLINA
Environmental Quality
March 01, 2023
SUBJECT: Notice of Violation and Assessment of Civil Penalty
for Violations of North Carolina General Statute (G.S.) 143-215.1(a)(1)
and Collection System Permit No. WQCS00056
Town of Siler City
Siler City Collection System
Case No. DV-2023-0034
Chatham County
Dear Mr. McCorquodale:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $845.72 ($750.00 civil penalty
$95.72 enforcement costs) against Town of Siler City.
This assessment is based upon the following facts: a review has been conducted of the Sanitary Sewer Overflow (SSO)
5-Day Report submitted by Town of Siler City. This review has shown the subject facility to be in violation of the
requirements found in Collection System Permit No. WQCS00056 and G.S. 143-215,1(a)(1). The violation(s) that occurred
are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that Town of Siler City violated the terms, conditions or
requirements of Collection System Permit No. WQCS00056 and G.S. 143-215.1(a)(1) in the manner and extent shown in
Attachment A. 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).
North Camllna Deparlmcnl of Environmental Quality I Dlrlsion Of WD1Cr RCtiDPrc"
R'lclyh kry+oral Office 1800 Ua-wt Orive I K,ilftth. North Carolina 27bO9
.�bo�r� 919.79]4?00

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, Scott
Vinson, Regional Supervisor, Raleigh Regional Office hereby make the following civil penalty assessment against Town
of Siler City:
750.00 For 1 of the 1. violations of Collection System Permit No. WQCS00056 and G.S. 143-215.1(a)(1) for
Sanitary Sewer Overflow(s) resulting in a discharge without a valid permit.
750.00 TOTAL CIVIL PENALTY
95.72 Enforcement Costs
845.72 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 (30) days of receipt of this notice, you must do one of the following:
(1) Submit payment of the penalty, OR
(2) Submit a written request for remission, OR
(3) Submit a written request for an administrative hearing
Option 1: Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environmental Quality (do not inchide 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:
Attn: PERCS Branch
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617

Option 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:
(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 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:
Attn: PERCS Branch
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-161'1
AND
Scott Vinson, Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ
1628 Mail Service Center, Raleigh
Raleigh, NC 27699-1628

Option 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 petition may be filed by facsimile (fax) or electronic mail by an attached file (with restrictions) - provided
the signed original, one (1) copy and a filing fee (if a filing fee is required by NCGS §15013-23.2) is received in the
Office of Administrative Hearings within seven (7) business days following the faxed or electronic transmission. You
should -contact the Office of Administrative Hearings with all questions regarding the filing fee and/or the details of the
filing process.
The mailing address and telephone and fax numbers for the Office of Administrative Hearings are as follows:
6714 Mail Service Center
Raleigh, NC 27699 6714
Tel: [phone]
Fax: [phone]
One (1) copy of the petition must also be served on DEQ as follows:
Mr. William F. Lane, 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.
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, please contact Mitchell Hayes with the Division of Water Resources staff of the Raleigh
Regional Office at [phone] or via email at mitch.hayes,"a.mcdenngov.
Sincerely,
Scott Vinson, Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ
ATTACHMENTS
Laserfiche

JUSTIFICATION FOR REMISSION REQUEST
Case Number: DV-2023-0034
Assessed Party: Town of Siler City
Permit No.: WQCS00056
County: Chatham
Amount Assessed: 8$ 45.72
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. § 14313-282.1(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. 14313-282.1(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 f mire 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 Collection System )
PERMIT NO. WQCS00056 ) CASE NO. DV-2023-0034
Having been assessed civil penalties totaling $845.72 for violation(s) as set forth in the assessment document of the Division
of Water Resources dated March 01, 2023, 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
ADDRESS
TELEPHONE
SIGNATURE
,20

ATTACHMENT A
Town of Slier City
CASE NUMBER: DV-2023-0034
PERMIT NO: WQCS00056
FACILITY: Slier City Collection System
Other Violations
INCIDENT VIOLATION
NUMBER DATE VIOLATION TYPE VIOLATION DESCRIPTION
202201240 8/2/2022 CSOISSO(Sewer Overflow) Discharge without valid permit
REGION: Raleigh
COUNTY: Chatham
TOTAL VOLUME PENALTY
(GALLONS) AMOUNT
12,000 $750.00

DIVISION OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT
Violator: Town of Siler Citv
Facility Name: Siler City Collection System
Permit Number: WOCS00056
County: Chatham
Case Number: DV-2023-0034
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;
A total volume of 12,000 of wastewater overflowed from 955 Water Plant Road due to operator error. All of the volume
flowed into the Rocky River, a class C water in the Cape Fear River Basin. Nutrients and pathogens to surface waters.
2) The duration and gravity of the violation;
The SSO started on 08.02.2022 at 09:00 am and ended the same day at 09:00 pm.
3) The effect on ground or surface water quantity or quality or on air quality;
The effect on surface water quality include nutrient and pathogens to surface waters which could lead to surface water
quality standard violations.
4) The cost of rectifying the damage;
The cost of rectifying the damage is not given.
5) The amount of money saved by noncompliance;
It is believed that no money was saved by the noncompliance.
6) Whether the violation was committed willfully or intentionally;
It does not appear that 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;
There has been one enforcement case against the violator within the past 12 months.
8) The cost to the State of the enforcement procedures.
$95.72
Date Y�Scott Vinson, Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ

ROY COOPER
aormaw
EUZABETH S. NSER
$00"y
RICHARD E ROGERS. JR.
D eder
Hank Raper, Town Manager
Town of Slier City
PO Box 769
Slier City, NC 27344
NORTH 11 Q W
ft
September 16, 2022
SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY
Tracking No.: NOV-2022-DV-0276
Sanitary Sewer Overflows - August 2022
Collection System Permit No. WQCS00056
Slier City Collection System
Chatham County
Dear Mr. Raper:
A review has been conducted of the self -reported Sanitary Sewer Overflows (SSO's) 5-Day Reports submitted by
Town of Slier City. The Division's Raleigh Regional Office concludes that the Town of Sher City violated Permit
Condition 1(2) of Permit No. WQCS00056 by failing to effectively manage, maintain, and operate their collection
system so that there is no SSO (Sanitary Sewer Overflow) to the land or surface waters and the SSO constituted
making an outlet to waters of the State for purposes of G.S. 143-215.1(a)(1), for which a permit is required by
G.S. 143-215.1.
The Raleigh Regional Office is providing the Town of Slier City an opportunity to provide evidence and justification
as to why the Town of Slier City should not be assessed a civil penalty for the violation(s) that are summarized
below:
Total Vol
Total
Surfaoe
Incident Start Dumtton Vol
Water
Number Date (Mina) Loatlon cause (Gale)
(Gals) DVIR Action
202201240 AW2022 720 955 Water Plant Rd, other - 12,000
12,000 Notice of Violation -
Siler City, NC, 27344
Notice of Intent
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9W.791AI00

This Notice of Violation / Notice of intent to Enforce (NOV/NOI) is being issued for the noted violation. Pursuant
to G.S. 143-215.6A, a civil penalty of not more than twenty-five thousand dollars ($25,000.00) may be assed
against any person who violates or fails to act In accordance with the terms, conditions, or requirements of any
permit issued pursuant to G.S. 143-215.1.
This afte requests that you respond to tide Node% In writing, within 10 bush days of its
r+ecelpt, In your response, you should address the causes of non-compliance, remedial actions, and all other
actions taken to prevent the recurrence of similar situations. The response to this correspondence will be
considered in this process. Enforcement decisions will also be based on volume spilled, volume reaching surface
waters, duration and gravity, Impacts to public health, fish kills or recreational area closures. Other factors
considered in determining the amount of the civil penalty are the violator's history of non-compliance, the cost of
rectifying the damage, whether the spill was intentional and whether money was saved by non-compliance.
If you have any questions, please do not hesitate to contact Mitchell Hayes with the Water Quality Section in
the Raleigh Regional Office at 919-791-4200 or via email at [e-mail].
Sincerely,
Scott Vinson, Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Ofiiee
Division of Water Resources, NCDEQ
Cc: Raleigh Regional Office - WQS File
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ROY COOPER
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Et17ABETH S. SISER
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RICHARD E. ROGERS, JR.
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Hank Raper, Town Manager
Town of Slier City
PO Box 769
Slier City, NC 27344
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SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY
Tracking No.: NOV 2022-DV-0276
Sanitary Sewer Overflows - August 2022
Collection System Permit No. WQCS00056
Slier City Collection System
Chatham County
Dear Mr. Raper:
A review has been conducted of the self -reported Sanitary Sewer Overflows (SSO's) 5-Day Reports submitted by
Town of Slier City. The Division's Raleigh Regional Office concludes that the Town of Siier City violated Permit
Condition I (2) of Permit No. WQCS00056 by failing to effectively manage, maintain, and operate their collection
system so that there is no SSO (Sanitary Sewer Overflow) to the land or surface waters and the SSO constituted
malting an outlet to waters of the State for purposes of G.S. 143-215.1(a)(1), for which a permit is required by
G.S. 143-215.1.
The Raleigh Regional Office is prov:
as to why the Town of Slier City 94
below:
Iaddent start Dumdon
Number Date (Ming) 1.a
202201240 BM2022 720 95
Sri
- 4-�-ta nrmdde evidence and justification
■ complete Items 1, 2, and 3.
■ so atWe can return to on �uraber88
■ Attach this card to the Hack 01 the mallplece,
or on the f m if space permits.
1 —E M poameaed to:
TOWN OF SILER CrTy MANAGER
PO sox I'm
SILER City, NC 2TJ44
WO: NOV G INTENT TO ISSUE CIVIL PENALTY/SANa;ARY SEWER
OVERFLOWS 6/22/NOV.2022.OV.027E/ ""6WQCSW36/SILEA
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State of North Carolina
Department of Environment and Natural Resources
Division of Water Resources
Collection System Sanitary Sewer Overflow Reporting Form
Dht m of Wattr Resources Form CS-SSO
PART I:
This form shall be submitted to the appropriate DWQ Regional Office within five business days of the first knowledge of the
sanitary sewer overflow (SSO).
Permit Number: WQCS00056
(WQCS# if active, otherwise use WQCSD#)
Facility: Siler City Collection System Incident #: 202201240
Owner: Town of Siler City
City: Siler City County: Chatham Region: Raleigh
Source of SSO (check applicable): ❑ Sanitary Sewer Q Pump Station / Lift Station
SPECIFIC location of the SSO (be consistent in description from past reports or documentation - i.e. Pump Station 6,
Manhole at Westali & Bragg Street, etc): 955 Water Plant Rd, Siler City, NC, 27344 .`
Manhole #:
Latitude (Decimal Degrees):
Incident Started Dt: 08/02/2022 Time:
(mm-dd-yyyy)
Longitude (Decimal Degrees):
9:00 am
(hh:mm AM/PM)
Incident End Dt: 08/02/2022 Time: 09:00 pm
mm-dd-yyyy (hh:mm AMIPM)
Estimated Volume of the SSO: 12,000 gallons Estimated Duration (Round to nearest hour): 12:0 hours
Describe how the volume was determined: estimate based on visual..
Weather conditions during the SSO event: sunny
Did SSO reach surface waters? [1 Yes ❑ No ❑ Unknown Volume reaching surface waters (gals): 12000
Surface water name: Rocky River
Did the SSO result in a fish kill? ❑ Yes [I No ❑ Unknown If Yes, what is the estimated number of fish killed? 0
SPECIFIC cause(s) of the SSO:
[1 Other (Please explai
24 hour verbal notification (name of person contacted ): Curtis R Tyree
0 DWR ❑ Emergency Mgmt Date (mm-dd-yyy): 08/03/2022 Time (hh:mm AM/PM): 08:43:00 Pm
If an SSO is ongoing, please notify the appropriate Regional Office on a daily basis until SSO can be stopped.
Per G.S. 143-215.1 C(b), the responsible party of a discharge of 1,000 or more of untreated wastewater to surface waters
shall issue a press release within 24-hours of first knowledge to all print and electronic news media providing general
coverage in the county where the discharge occurred. When 15,000 gallons or more of untreated wastewater enters surface
waters, a public notice shall be published within 10 days and proof of publication shall be provided to the Division within 30
days. Refer to the reference statute for further detail.
The Director Division of Water Resources may take enforcement action for SSOs that are re uired to be re orted to
Division unless it is demonstrated that:
1) the discharge was cause by sever natural conditions and there were no feasible alternative to the discharge; or
2) the discharge was exceptional, unintentional, temporary and caused by factors beyond the reasonable control of the
Permittee and/or owner, and the discharge could not have been prevented by the exercise of reasonable control.
Part II must be completed to provide a justification claim for either of the above situations. This information will be the basis
WHETHER OR NOT PART III IS COMPLETED, A SIGNATURE IS REQUIRED AT THE END OF THIS FORM
CS-SSO Form Page: 1

PART II:
ANSWER THE FOLLOWING QUESTIONS FOR EACH RELATED CAUSE CHECKED IN PART I OF THIS FORM AND
INCLUDE THE APPROPRIATE DOCUMENTATION AS REQUIRED OR DESIRED
COMPLETE ONLY THOSE SECTONS PERTAINING TO THE CAUSE OF THE SSO AS CHECKED IN PART I
(In the check boxes below, NA = Not Applicable and NE = Not Evaluated)
A HARDCOPY OF THIS FORM SHOULD BE SUBMITTED TO THE APPROPRIATE DWR REGIONAL OFFICE UNLESS IS
Other (Please explain in Part II)
Describe:
operator did not feed ferric into the plant.
Were adequate equipment and resources available to fix the problem?
If Yes, explain:
Filters had to be rewashed multiple times to ciet water u to standard.
If the problem could not be immediately repaired, what actions were taken to lessen
the impact of the SSO?
efforts where made to hold water in lagoon as much as physically possible.
Comments:
Water was raw water straight from the River.
System Visitation
ORC
Backup
Name:
Chris McCorguodale
Cart#
992764
Date visited:
08/04/2022
Time visited:
04:00om
How was the SSO remediated (i.e. Stopped and cleaned up)?
W Yes No NA r NE
W Yes
❑ Yes
CS-SSO Form Page: 2

As a representative for the responsible party, I certify that the information contained in this report is true and accurate to the
best of my knowledge.
Person submitting claim: Chris McCorquodale Date: 08/04/22 04:10 pm
Signature: Title: Director Public Utilities Works ai
Telephone Number:
Any addition information desired to be submitted should be sent to the appropriate Division Regional Office within five days of t
knowledge of the SSO with reference to the incident number (the incident number is only generated when electronic entry of th
form is completed, if used).
CS-SSO Form Page: 3

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QCS0045t3 Version: I Status: e J
Collection system management and operation
Indhridual Primary Related Permit
Non -discharge Admin Region: Raleigh
�Iler City Collection System Details.., County Chatham
own of Slier City DetaitsProject Type: Renewal
-- Dates —
12109f2014 Orig Issued: 01/2612002
0W0112015 Statutory: 2/042015
44/3012023 Inactive:
Details...
❑r Major Permit
❑ Has Subsurface Drains
O New Farm Q Existing Farm
❑ Innovative Avc-
❑ Rainbreaker Device
71 nirr Gracant