WQCS00112_PC20230015_20230720

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
NORTH CAROLINA
Environmental Quality
July 20, 2023
CERTIFIED MAIL 7020 3160 0002 0860 6313
RETURN RECEIPT REQUESTED
Town of Pilot Mountain
Attn: Mr. Michael Boaz, Town Manager
124 West Main Street
Pilot Mountain, NC 27041
SUBJECT: ASSESSMENT of CIVIL PENALTIES
for Violations of NPDES Permit WQCS00112
Pilot Mountain Collection System
Case Number: PC-2023-0015
Surry County
Dear Mr. Boaz:
This letter transmits a notice of a civil penalty assessed against the Town of Pilot Mountain in the amount
of $10,461.44 ($10,000.00 civil penalty + $461.44 in enforcement costs). This assessment is based upon
the following facts:
On August 2 and September 23, 2019, Division of Water Resources/Winston-Salem Regional Office
(DWR/WSRO) staff conducted a compliance evaluation inspection of the Town of Pilot Mountain's
wastewater collection system pursuant to collection system permit WQCS00112. Several permit violations
were noted during that inspection. As a result, on September 25, 2020, DWR/WSRO staff conducted a
follow-up Compliance Evaluation Inspection to determine the town's compliance status and whether any
violations noted in the 2019 inspection had been resolved. Most of the violations noted in the 2019
inspection were also noted as violations in the 2020 inspection. Another inspection was conducted by
DWR/WSRO on March 17, 2023 to determine compliance. Many of the violations noted in the 2019 and
2020 inspections were still ongoing and were noted as violations in the 2023 inspection.
Based upon the above facts, I conclude as a matter of law that the Town of Pilot Mountain violated the
terms, conditions, or requirements of collection system permit WQCS00112 in the manner and extent
shown above. In accordance with the maximums established by G.S. 143-215.6A(a), 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 Pilot Mountain:
DffNorth Carolina Department of Environmental Quality I Division of Water Resources
oan caaouNn
Winston-Salem Regional Office 1 450 W. Hanes Mill Rd, Suite 300 I Winston-Salem, North Carolina 27105
M336.776.9800
oep.m.m or em�nmen� Qualm

$0.00 For 1 of 1 violation(s) of Collection System Permit No. WQCS00112, Part I,
Paragraph 3.
$1,250.00 For 1 of 1 violation(s) of Collection System Permit No. WQCS00112, Part I,
Paragraph 4.
$200.00 For 1 of 1 violation(s) of Collection System Permit No. WQCS00112, Part I,
Paragraph 5.
4 500.00 For 6 of 6 violation(s) of Collection System Permit No. WQCS00112, Part I,
Paragraph 7.
200.00 For 1 of 1 violation(s) of Collection System Permit No. WQCS00112, Part I,
Paragraph 8.
0.00 For 1 of 1 violation(s) of Collection System Permit No. WQCS00112, Part I,
Paragraph 9.
200.00 For 1 of 1 violation(s) of Collection System Permit No. WQCS00112, Part I,
Paragraph 10.
$0.00 For 1 of 1 violation(s) of Collection System Permit No. WQCS00112, Part II,
Paragraph 2.
$100.00 For 1 of 1 violation(s) of Collection System Permit No. WQCS00112, Part II,
Paragraph 4.
$1,250.00 For 1 of 1 violation(s) of Collection System Permit No. WQCS00112, Part II,
Paragraph 8.
$250.00 For 1 of 1 violation(s) of Collection System Permit No. WQCS00112, Part II,
Paragraph 9.
$600.00 For 4 of 4 violation(s) of Collection System Permit No. WQCS00112, Part III,
Paragraph 1.
$200.00 For 1 of 1 violation(s) of Collection System Permit No. WQCS00112, Part III,
Paragraph 3.
$250.00 For 1 of 1 violation(s) of Collection System Permit No. WQCS00112, Part V,
Paragraph 3.
$1,000.00 For 1 of 1 violation(s) of Collection System Permit No. WQCS00112, Part V,
Paragraph 4.
$10,000.00 Total Civil Penalty
$461.44 Total Enforcement Costs
$10,461.44 TOTAL AMOUNT DUE
D North Carolina Department of Environmental Quality I Division of Water Resources
✓ Winston-Salem Regional Office 1 450 W. Hanes Mill Rd, Suite 300 1 Winston-Salem, North Carolina 27105
NORTH CAROLINA 336.776.9800
onparhnem of EmironmanW 9uallly

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. I (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:
(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.
D North Carolina Department of Environmental Quality I Division of Water Resources
✓ Winston-Salem Regional Office 1 450 W. Hanes Mill Rd, Suite 300 1 Winston-Salem, North Carolina 27105
NORTH CAROLINA 336.776.9800
onparhnem of EmironmanW 9uallly

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
REQ� North Carolina Department ofEnvironmental Quality I Division ofWater Resources
Winston-Salem Regional Office 1 450 W. Hanes Mill Rd, Suite 300 1 Winston-Salem, North Carolina 27105
NORTH CAROLINA 336.776.9800
onparhnem of EmironmanW 9uallly

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 about this letter, please contact Ron Boone of the Winston-Salem Regional Office
at 336-776-9690 or via e-mail at ron.boone&deq.nc.gov.
Sincerely,
DocuSigned by:
0D2D3CE3F 1 B7456...
Jennifer F. Graznak, Assistant Regional Supervisor
Water Quality Regional Operations Section
Winston-Salem Regional Office
Division of Water Resources, NCDEQ
Attachments:
1. Waiver of Right to an Administrative Hearing and Stipulation of Facts
2. Justification for Remission Request
3. Findings and Decision and Assessment of Civil Penalties
REQ� North Carolina Department ofEnvironmental Quality I Division ofWater Resources
Winston-Salem Regional Office 1 450 W. Hanes Mill Rd, Suite 300 1 Winston-Salem, North Carolina 27105
NORTH CAROLINA 336.776.9800
eaparMeM of EmironmanW 9uallly

STATE OF NORTH CAROLINA
COUNTY OF SURRY
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST
TOWN OF PILOT MOUNTAIN
PILOT MOUNTAIN COLLECTION SYSTEM
PERMIT NO. WQCS00112
DEPARTMENT OF ENVIRONMENTAL
QUALITY
WAIVER OF RIGHT TO AN
ADMINSTRATIVE HEARING AND
STIPULATION OF FACTS
FILE NO. PC-2023-0015
Having been assessed civil penalties totaling $10,461.44 for violation(s) as set forth in the
assessment document of the Division of Water Resources dated July 21, 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 , 20
PRINTED NAME
SIGNATURE
ADDRESS
TELEPHONE
REQ� North Carolina Department ofEnvironmental Quality I Division ofWater Resources
Winston-Salem Regional Office 1 450 W. Hanes Mill Rd, Suite 300 1 Winston-Salem, North Carolina 27105
NORTH CAROLINA 336.776.9800
onparhnem of EmironmanW 9uallly

JUSTIFICATION FOR REMISSION REQUEST
DWR Case Number: PC-2023-0015
Assessed Entity:
Town of Pilot Mountain
County: Surry
Permit No.: WQCS00112 Amount Assessed: $10,461.44
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. 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:
D North Carolina Department of Environmental Quality I Division of Water Resources
✓ Winston-Salem Regional Office 1 450 W. Hanes Mill Rd, Suite 300 1 Winston-Salem, North Carolina 27105
NORTH CAROLINA 336.776.9800
onparhnem of EmironmanW 9uallly

DIVISION OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT
Violator: Town of Pilot Mountain — Pilot Mountain Collection System
County: Surry
Case Number: PC-2023-0015
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 collection system permit is intended to direct the permittee into proactively maintaining the
system to prevent sanitary sewer overflows (SSOs) and their resulting harm to natural resources.
The permittee's failure to fully comply with the permit, as demonstrated by the results of the past
three inspections, demonstrates a greater potential to cause harm to natural resources and public
health.
2) The duration and gravity of the violation;
The violations have continued since at least the September 2019 inspection. The gravity of the
violations is severe, given the potential consequences of such violations.
3) The effect on ground or surface water quantity or quality or on air quality;
The failure of the Town to comply with the permit, as specified herein, has the potential to impact
ground and surface water if the collection system is not maintained.
4) The cost of rectifying the damage;
These costs have not been calculated specifically but are assumed to be equal to the cost associated
to fixing the violations of permit conditions.
5) The amount of money saved by noncompliance;
This amount has not been calculated but is likely equivalent to the amount the permittee would
have spent to fully comply with all permit conditions.
6) Whether the violation was committed willfully or intentionally;
The fact that the violations have persisted through three consecutive inspections demonstrates a
degree of willfulness and intentionality.
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
The permittee was issued the following NOVs over the past three years:
D North Carolina Department of Environmental Quality I Division of Water Resources
✓ Winston-Salem Regional Office 1 450 W. Hanes Mill Rd, Suite 300 1 Winston-Salem, North Carolina 27105
NORTH CAROLINA 336.776.9800
onparhnem of EmironmanW 9uallly

8)
Case #
Date Issued
Reason
NOV-2020-DV-0487
8/2/2020
August 2020 sewer overflow
NOV-2020-PC-0448
9/25/2020
September 2020 inspection
NOV-2023-PC-0133 (Notice of
Intent)
3/17/2023
March 2023 inspection
The cost to the State of the enforcement procedures.
$461.44
E The assessment factors listed above were considered. However, since this case pertains to the non -
submittal of required information, impacts are unknown.
1DocuSigned
by:,���7/20/2023 - -D- 4. ! VV4eA
OD2D3CE3F 1 B7456...
Date Jennifer F. Graznak, Assistant Regional Supervisor
Water Quality Regional Operations Section
Winston-Salem Regional Office
Division of Water Resources, NC DEQ
REQ� North Carolina Department ofEnvironmental Quality I Division ofWater Resources
Winston-Salem Regional Office 1 450 W. Hanes Mill Rd, Suite 300 1 Winston-Salem, North Carolina 27105
NORTH CAROLINA 336.776.9800
onparhnem of EmironmanW 9uallly

STATE OF NORTH CAROLINA
COUNTY OF SURRY
IIeaIsoIaL/:140091: III
CASE NO. PC-2023-0015
TOWN OF PILOT MOUNTAIN
PILOT MOUNTAIN COLLECTION SYSTEM
FOR VIOLATIONS OF:
PERMIT NO. WQCS00112
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENTAL QUALITY
FINDINGS AND DECISION
AND ASSESSMENT OF
CIVIL PENALTIES
Acting pursuant to North Carolina General Statute (G.S.) 143-215.6A, I, Jennifer F. Graznak, of the
Division of Water Resources (hereby known as DWR), make the following:
I. FINDINGS OF FACT
A. Town of Pilot Mountain is a person organized and existing under the laws of the State of North
Carolina.
B. On December 12, 2016, the Division issued Town of Pilot Mountain Wastewater Collection System
Permit Number WQCS00112, for the operation and maintenance of a wastewater collection system
located at the Pilot Mountain Collection System, in accordance with the provisions of Article 21 of
Chapter 143, General Statutes of North Carolina.
C. On August 2 and September 23, 2019, Division of Water Resources/Winston-Salem Regional
Office (DWR/WSRO) staff conducted a compliance evaluation inspection of the Town of Pilot
Mountain's wastewater collection system pursuant to collection system permit WQCS00112.
Several permit violations were noted during those inspections.
D. On September 25, 2020, DWRIWSRO staff conducted a follow-up Compliance Evaluation
Inspection to determine whether any violations noted in the 2019 inspection had been resolved.
Many of the violations noted in 2020 were repeat, ongoing violations from the 2019 inspection.
E. On March 17, 2023, DWR/WSRO staff conducted another Compliance Evaluation Inspection. The
violations noted in 2023 were repeat, ongoing violations from the 2019 and 2020 inspections. These
repeat, ongoing violations are detailed in the table below:
Violation
Violation Detail
Permit
Condition
1. Sewer Use &
Sewer use and FOG ordinances were not presented for evaluation.
Part I,
Fats, Oils, &
Paragraph 3
Greases (FOG)
Ordinances
2. FOG Program
No or insufficient FOG program has been
Part I,
developed/implemented.
Paragraph 4
REQ� North Carolina Department ofEnvironmental Quality I Division ofWater Resources
Winston-Salem Regional Office 1 450 W. Hanes Mill Rd, Suite 300 1 Winston-Salem, North Carolina 27105
NORTH CAROLINA 336.776.9800
onparhnem of EmironmanW 9uallly

3. Capital
No CIP was presented for evaluation.
Part 1,
Improvement
Paragraph 5
Plan (CIP
4. Pump station
Six of the town's duplex or greater pump stations had only one
Part I,
pumps
operational pump in them at the time of the inspection.
Paragraph 7
5. Pump station
Several of the signs at the pump stations did not meet the
Part I,
signage
minimum requirements of the permit.
Paragraph 8
6. Pump station
Security measures at some of the pump stations were insufficient.
Part I,
security
Paragraph 9
7. Pump Station
Some of the pump station's audible/visible alarms were either not
Part I,
Audible/Visual
present, not operational, or insufficiently conspicuous.
Paragraph 10
alarms
8. Records review
Supervisory records review either not being done or is
Part II,
insufficiently documented.
Paragraph 2
9. Pump station
No or insufficient routine pump station inspection/maintenance
Part II,
inspection
program.
Paragraph 4
program
10. Line
The town had no records of line cleaning activities.
Part II,
Cleaning
Paragraph 8
Program
11. Response
No response action plan was provided during the inspection.
Part II,
action plan
Paragraph 9
12. Records
Insufficient records.
Part III,
Paragraph 1
13. System
System map does not meet all permit requirements.
Part III,
Map
Paragraph 3
14. Annual
No annual general observation of the entire system is being done.
Part V,
general
Paragraph 3
observation
15. High
No or insufficient high priority line inspections are being done.
Part V,
priority lines
Paragraph 4
F. On March 21, 2023, NCDWR/WSRO staff received an email from the Town of Pilot Mountain's
Town Manager, Michael Boaz. Mr. Boaz attached several documents to the email of items that
were not presented to inspectors during the March 17, 2023, inspection. Mr. Boaz was not present
during the March 17, 2023 inspection.
D North Carolina Department of Environmental Quality I Division of Water Resources
✓ Winston-Salem Regional Office 1 450 W. Hanes Mill Rd, Suite 300 1 Winston-Salem, North Carolina 27105
NORTH CAROLINA 336.776.9800
onparhnem of EmironmanW 9uallly

G. On April 6, 2023, NCDWR/WSRO sent the Town of Pilot Mountain a Notice of Violation with
Intent to Enforce (NOI), # NOV-2023-PC-0133, requesting a written response from the town within
10 business days regarding the violations of WQCS00112 that NCDWR SRO staff noted during
the March 2023 inspection. The town was asked to provide detailed corrective actions and
implementation schedules for each of the violations staff noted.
H. On April 12, 2023, the town received NOV-2023-PC-0133. No written response to this NOI was
ever received from the Town of Pilot Mountain by NCDWR/WSRO.
I. DWR considered repeat violations for penalty assessment.
The cost to the State for the enforcement procedures in this matter totaled $461.44.
Based upon the above Findings of Fact, I make the following:
II. CONCLUSION OF LAW
A. Town of Pilot Mountain is a `person' within the meaning of G. S. 143-215.6A pursuant to G.S. 143-
212 (4).
B. Town of Pilot Mountain was issued Collection System Permit No. WQCS00112 in accordance with
G.S. 143-215.1(a) for the operation and maintenance of a wastewater collection system.
C. On March 17, 2023, Town of Pilot Mountain violated the following conditions of collection system
permit WQCS00112:
1. Part I, Paragraph 3, by failing to present sewer use and FOG ordinances for inspection.
2. Part I, Paragraph 4, by failing to fully develop and implement an educational and
enforceable Fats, Oils, and Grease (FOG) program that meets the intent of the permit
condition.
3. Part I, Paragraph 5, by failing to develop and implement a Capital Improvement Plan
(CIP) that meets the intent of the permit condition.
4. Part I, Paragraph 7, by failing to maintain two fully operational pumps in duplex or larger
pump stations.
5. Part I, Paragraph 8, by failing to post appropriate signage at all pump stations that meet
the intent of the permit condition.
6. Part I, Paragraph 9, by failing to sufficiently secure all pump stations.
7. Part I, Paragraph 10, by failing to provide operational and high conspicuous audible and
visible alarms at all pump stations.
8. Part II, Paragraph 2, by failing to fully develop and implement a supervisory records
review program that meets the intent of the permit condition.
9. Part II, Paragraph 4, by failing to fully develop and implement a pump station inspection
program that meets all requirements of the permit condition.
10. Part II, Paragraph 8, by failing to provide records of the town's line cleaning activities
fully develop and implement a spill response action plan to meet the intent of the permit
condition.
11. Part II, Paragraph 9, by failing to provide a response action plan for evaluation during the
inspection.
12. Part III, Paragraph 1, by failing to properly document and maintain the documentation as
the permit specifies.
13. Part III, Paragraph 3, by failing to fully develop a system map as required by the permit.
D North Carolina Department of Environmental Quality I Division of Water Resources
✓ Winston-Salem Regional Office 1 450 W. Hanes Mill Rd, Suite 300 1 Winston-Salem, North Carolina 27105
NORTH CAROLINA 336.776.9800
onparhnem of EmironmanW 9uallly

14. Part V, Paragraph 3, by failing to fully develop and implement an annual general
observation program to meet the intent of the permit condition.
15. Part V, Paragraph 4, by failing to fully develop and implement a high priority line
maintenance program to meet the intent of the permit condition.
D. Town of Pilot Mountain 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.
E. The State's enforcement cost in this matter may be assessed against Town of Pilot Mountain
pursuant to G.S. 143-215.3 (a)(9) and G.S. 143B-282.1(b)(8).
F. Jennifer F. Graznak, 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 7916031G ►1
Accordingly, Town of Pilot Mountain is hereby assessed a civil penalty of-
$0.00 For 1 of 1 violation(s) of Collection System Permit No. WQCS00112, Part I,
Paragraph 3.
1 250.00 For 1 of 1 violation(s) of Collection System Permit No. WQCS00112, Part I,
Paragraph 4.
$200.00 For 1 of 1 violation(s) of Collection System Permit No. WQCS00112, Part I,
Paragraph 5.
$4,500.00 For 6 of 6 violation(s) of Collection System Permit No. WQCS00112, Part I,
Paragraph 7.
$200.00 For 1 of 1 violation(s) of Collection System Permit No. WQCS00112, Part I,
Paragraph 8.
$0.00 For 1 of 1 violation(s) of Collection System Permit No. WQCS00112, Part I,
Paragraph 9.
$200.00 For 1 of 1 violation(s) of Collection System Permit No. WQCS00112, Part I,
Paragraph 10.
$0.00 For 1 of 1 violation(s) of Collection System Permit No. WQCS00112, Part II,
Paragraph 2.
$100.00 For 1 of 1 violation(s) of Collection System Permit No. WQCS00112, Part II,
Paragraph 4.
NORTH CAROLINAD E Q
oeo+ro�.m m F,mro���w n�si�
North Carolina Department of Environmental Quality I Division of Water Resources
Winston-Salem Regional Office 1 450 W. Hanes Mill Rd, Suite 300 1 Winston-Salem, North Carolina 27105
336.776.9800

1 250.00 For 1 of 1 violation(s) of Collection System Permit No. WQCS00112, Part II,
Paragraph 8.
$250.00 For 1 of 1 violation(s) of Collection System Permit No. WQCS00112, Part II,
Paragraph 9.
$600.00 For 4 of 4 violation(s) of Collection System Permit No. WQCS00112, Part III,
Paragraph 1.
$200.00 For 1 of 1 violation(s) of Collection System Permit No. WQCS00112, Part III,
Paragraph 3.
$250.00 For 1 of 1 violation(s) of Collection System Permit No. WQCS00112, Part V,
Paragraph 3.
1 000.00 For 1 of 1 violation(s) of Collection System Permit No. WQCS00112, Part V,
Paragraph 4.
10 000.00 Total Civil Penalty
$461.44 Total Enforcement Costs
$10,461.44 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. 14313-282. 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.
D'S'ned by:
7/20/2023 (��
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Date Jennifer F. Graznak
Division of Water Resources
NORTH CAROLINAD E Q5
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North Carolina Department of Environmental Quality I Division of Water Resources
Winston-Salem Regional Office 1 450 W. Hanes Mill Rd, Suite 300 1 Winston-Salem, North Carolina 27105
336.776.9800