NC0026441_Payment acknowledgement_20190118

January 18, 2019
Dear Mr. Thompson:
If you have any questions, please call Wren Thedford at 919-707-6301.
Sincerely,
ec:
Wren Thedford
Administrative Assistant
Water Quality Permitting Section
Bryan Thompson, Manager Town
Town of Siler City
PO Box 769
Siler City, NC 27344
Enforcement File # LV-2018-0193
Raleigh Regional Office Supervisor
Central Files
NORTH CAROLINA
Environmental Quality
Subject: Payment Acknowledgement for Civil Penalty Assessment
Siler City WWTP
Chatham County
Permit NC0026441
Case No. LV-2018-0193
North Caroli ns Depa rtment of Environm'entsl Quality | Dhisbn of Water Resources
Raleigh Regional Office | 3800 Barrett Drive | Raleigh. North Carolina 27609
919-791-4200
ROY COOPER
Governor
MICHAELS. REGAN
Secretary
LINDA CULPEPPER
Director
This letter is to acknowledge receipt of Check No. 20278 in the amount of $1,237.78 received from you dated
12/12/2018. This payment satisfies in full the civil assessment levied against the subject facility and this case has been
closed. Payment of this penalty in no way precludes future action by this Division for additional violations of the
applicable statutes, regulations, or permits.
Both forms should be submitted to the following address:
Please note that all evidence presented in support of your request for remission must be submitted in writing. The
Director of the Division ol 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 lor 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 infonnation 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.
Wastewater Branch
Division of Water Resources
1617 Mail Sendee Center
Raleigh, North Carolina 27699-1617
Option 2: Submit a written request for remission or mitigation including a detailed justification for such
request:
(1) whether one or more of the civil penally 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.
In order to request remission, vou 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 tills
notice. The Division of Water Resources also requests that you complete and submit the enclosed “Justification for
Remission Request.”
Please be aware that a request tor 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 lor 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 he mailing address and telephone and fax numbers for the Office of Administrative Hearings are as follows:
One (1) copy of the petition must also be served on DEQ as follows:
Please indicate the case number (as found on page one of this letter) on the petition.
Si ik
ATTACHMENTS
Cc:
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 Cheng Zhang with the Division of Water Resources staff of the Raleigh Regional
Office at [phone] or via email at [e-mail].
WQS Raleigh Regional Office - Enforcement File
NPDES Compliance/Enforcement Unit - Enforcement File
Central Files
Mr. William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, North Carolina 27699-1601
Danny Smith, Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ
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. I he 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 §1508-23.2) 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.
6714 Mail Service Center
Raleigh, NC 27699 6714
Tel: [phone]
Fax: [phone]
Option 3: File a petition for an administrative hearing with the Office of .Administrative Hearings:
JUSTIFICATION FOR REMISSION REQUEST
County: Chatham
Amount Assessed: S1,537,78
(d) the violator had not been assessed civil penalties for any previous violations;
EXPLANATION:
Case Number:
Assessed Party:
Permit No.:
(b) the violator promptly abated continuing environmental damage resulting from the violation (/.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);
(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 necessaiy to achieve
compliance).
(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)'.
LV-2018-0193
Town of Siler City
NC0026441
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.
ou 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 ol 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).
STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
COUNTY OF CHATHAM
PERMIT NO. NC0026441 CASE NO. LV-2018-0193
This the clay of 20
SIGNATURE
ADDRESS
TELEPHONE
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST
)
)
)
)
)
)
)
WAIVER OF RIGHT i O AN
ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
Town of Siler City
Siler City WWTP
Having been assessed civil penalties totaling 81,537.78 for violation!s) as set forth in the assessment document of the
Division of Water Resources dated August 08. 2018, the undersigned, desiring to seek remission of the civil penalty, does
hereby waive the light to an administrative hearing in the above-stated matter and does stipulate that the facts are as
alleged in the assessment document. 1 he 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.
ATTACHMENT A
Town of Siler City
CASE NUMBER: LV-2018-0193
PERMIT:NC0026441 REGION: Raleigh
FACILITY: Siler City WWTP CQUNTY: Chatham
LIMIT VIOLATION(S)
SAMPLE LOCATION:Outfall 001 - Effluent
Frequency
1/31/2018 1-2018 Monthly ug/l 2.10 7.3 51,500.00247.6
Violation
Date
Unit of
Measure
Limit
Value
Calculated % Over
Value Limit
Monthly
Average
Exceeded
Violation
Type
Penalty
Amount
Cadmium, Total (as
Cd)
Report
Month/Yr Parameter
Permit Enforcement History by Permit
Town of Siler CityOwner:NC0026441 Facility:Permit:
Raleigh County:Region:
HasEMCRemissionEnforcement
Enforcement
Balance DueTotal PaidDamagesCostsCase
08/24/99$0.00 No$1,047.73$47.7307/22/99 $1,000.00LV-1999-0276
01/10/00$0.00 No$1,297 73$1,250.00 $47.73LV-1999-0462 11/29/99
04/03/00$0.00 No$2,297.73$2,250.00 $47.7302/23/00LV-2000-0055
05/25/00$0.00 No$1,029.96$1,000.00 $29.9605/12/00LV-2000-0138
10/09/00$0.00 No$1,029.96$29.96$1,000.0009/07/00LV-2000-0385
10/18/00$0.00 No$2,297.73$2,250.00 $47.73LV-2000-0425 10/05/00
11/28/01$0.00 No$1,053.07$53.0710/30/01 $1,000.00LV-2001-0443
01/07/02$0.00 No$303.07$250.00 $53.07LV-2001-0520 12/19/01
12/02/03$0.00 No$544.00$44.0010/23/03 $500.00LV-2003-0685
12/02/03$0.00 No$2,044.00$2,000.00 $44.00LV-2003-0686 10/23/03
12/02/03$0.00 No$4,044.00$4,000.00 $44.00LV-2003-0687 10/23/03
No$1,537.78$0.00$1,500.00 $37.7804/12/18LV-2018-0075
$1,537.78 No$0.00$1,500.00 $37.78LV-2018-0084 04/13/18
$16,988.98 $3,075.56$564.5413$19,500.00Total Cases:
$20,064.54Total Penalties after$20,064.54Total Penalties:
Penalty
Assessment
Approved
Penalty
Amount
Request
Received
Payment
Plan
Case
Closed
Conference
Held
Hearing
Held
Collection
Memo Sent
To AGO
Siler City WWTP
Chatham
NPQES PER fll I NO.: NC0026441 PERMIT VERSION: 4 0 PERMIT STATl S: Active
FACILITY NAME: Siler City WWTP CLASS: WW-4.COI N I Y: Chatham
OWNER NAME: Tomt of Siler City ORC CERT NUMBER: 993421
GRADE: WW.4
eDMR PERIOD: 01-2018 (January 2018)VERSION: 1.0 STATI S: Processed
6CTIOM
SAMPLING LOCATION: EFFLUENT DISCHARGE NO.: 001 NO DISCHARGE*: NO
5OO5O 00010 00400 5001.0 COHO < 0610 CO530 31616 00300
Continuous 5 X tseek 5 X week 5 X week 2 X week 5 X week 2 X week 2 X week 5 X week
Instantaneous Grab Grab Grab Composite Composite Composite Grab Grab
now TEMP-C |>H CHLORINE BOD - Cone NH3-N -Cone TSS - Cone FCOLI BR DO
2400 clock lire 2400 clock Hrs Y/B/N deg c tig 1su mg I mg I mg I «<'100ml mg I
0745 24 N HOI. [DAY
0800 24 0745 24 I 348 9 74 < 10 <0 5 <2 5 < I ll 9
0800 24 0700 24 I 393 9 7 6 < 10 <0 5 11 5
0800 24 0800 24 Y 1 393 8 73 < 10 3 8 <05 < 2 5 < 1 I I 9
0800 24 0745 24 Y 1 358 9 7.5 10 <05 11 5
0745 24 N 1 329
0745 24 N 1 297
H 0800 24 0745 24 Y I 473 8 7 I < 10 <05 126
9 0800 24 0745 24 Y 1 46 9 7 3 < 10 <2 <0 5 <25 12 129
1<>0800 24 0750 24 Y 1 516 9 72 < 10 <05 12
11 0800 24 0745 24 Y 1 47 10 7 3 < 10 <2 05 - 2 5 85 11 5
12 0800 24 0745 24 Y 2612 11 74 < 10 <0 5 13 2
13 0740 24 N I 963
14 0745 24 N 1 382
15 0745 24 N HOLIDAY
16 0800 24 0745 24 Y I 237 10 74 10 2 I <05 ■ 2 5 2 12 1
17 0800 24 0745 24 Y 1 247 10 73 < 10 <05 II 5
IX 0800 24 0740 24 Y I 409 9 7 3 < 10 2 <05 25 3 10 5
19 0800 24 0745 24 Y 1 515 9 7 I < 10 <05 108
211 0745 24 N 1 628
21 0745 24 N 1 667
22 0800 24 0745 24 Y 1 629 10 74 10 05 <25 <1 12 3
23 0800 24 0745 24 Y 3.647 13 73 < 10 <05 12
24 0800 24 0745 24 Y 1 715 II 74 < 10 <05 <25 < 1 10 5
0800 24 0745 24 Y I 443 11 75 < 10 <05 II
26 0800 24 0745 24 I 443 II 75 < 10 <05 113
27 0745 24 N 1 408
2X 0745 24 N 3 238
29 0800 24 0745 24 Y 5 302 12 7 < 10 <05 11
3I>0800 24 0745 24 Y 2 264 ll 72 10 <2 <05 <25 < I 11 3
31 0800 24 0745 24 Y 1 697 II 74 < 10 <05 11 7
Mnnlhlv Average Limit:
10 30 200
Monthly Average:
I 809759 10 0 0888889 0 0 2 634815 11 666667
Daily Maximum:
5 302 13 76 0 3 8 0 0 85 13 2
Daily Minimum:
1 237 8 0 0 0 0 0 10 5
No Reporting Reason ENFRUSE = No Flow-Reuse.Recycle. ENVWTIIR No Visitation AdvejseAVeatJiej. NQ^LO.W l^iDAY No Visitation Holiday
MAR 1 9 2018
3 i II
II
!
1
!!
ORC: Christopher Michael McCorquodalc
ORC HAS CHANGED: No M -•
I
f Raleigh Regiona 1 O fl i ce
te*
NPDES PERMIT NO.: NC0026441 PERMIT VERSION: 4 0 PERMIT STATUS: Active
FACILITY NAME: Siler City WWTP CLASS: WW-4.C OUNTY: Chatham
OWNER NAME: Town of Siler City ORC: Christopher Michael McCorquodale ORC CERT NUMBER: 993421
GRADE: WW-4 ORC HAS C HANGED: No
eDMR PERIOD: 01-2018 (January 2018)VERSION: 1.0 STATUS: Processed
SAMPLING LOCATION: EFFLUENT DISCHARGE NO.: 001 NO DISCHARGE*: NO (Continue)
CO600 CO665 01(127 006J0 00*25 NC01 01002 00940 01034 01042 01051
Weekly Weekly Monthly Weekly Weekly Annually
Composite Composite Composite Composite Composite Composite Composite Composite Composite Composite Composite
TOTAL N -TOTAL P -CADMll'M NO2&NO3 TOT KJEL ASS POL As-TOTAL CHLORIDE Cr-TOTAL COPPER LEAD
24in> cluck Hrs 2400 clock Hrs V/B/N mg I mg I ug.1 mg I mgl yes=l no=0 mgl mg 1 mgl mg I
0745 24 N HOLIDAY
0800 24 0745 24 Y 15 I - : 0 02 15 1 <02
0800 24 0700 24 Y
0800 24 0800 24 Y
0800 24 0745 24 Y
0745 24 N
0745 24 N
8 0800 24 0745 24 Y
0800 24 0745 24 Y 15 2 <0 02 73 146 0 59
to 0800 24 0750 24
II 0800 24 0745 24 Y
12 0800 24 0745 24 Y
13 0740 24 N
14 0745 24 N
15 0745 24 N HOLIDAY
l*0800 24 0745 24 12 <0.02 10 6 I 44
17 0800 24 0745 24 Y
18 0800 24 0740 24
19 0800 24 0745 24
20 0745 24 N
21 0745 24 N
22 0800 24 0745 24 Y 149 <0 02 122 2 7
23 0800 24 0745 24 Y
24 0800 24 0745 24 Y
25 0800 24 0745 24 Y
26 0800 24 0745 24
27 0745 24 N
28 0745 24 N
29 0800 24 0745 24 Y
3(1 0800 24 0745 24 Y 9 03 0034 7 18 I 85
31 0800 24 0745 24 Y
Monthly Average Limit:2.1
Monthly Average:
13 246 0 0068 73 II 936 I 316
Daily Maximum:
15 2 0 034 73 15 1 27
Daily Minimum:9 03 0 7 3 0
Holiday
g
!II I
I I I
I Iii
mgl
7 18______________________________________________________
No Reporting Reason: EN'FRUSE = No Flow-Reuse/Recycle; ENVWTHR No Visitation Adverse Weather. NOFLOW No Flow. HOLIDAY No Visitation
PERMIT VERSION: 4 0 PERMIT STATUS: Active
CLASS: WW-4.COUN IT': Chatham
ORC CERT NUMBER: 993421
VERSION: 1.0 STATI S: Processed
CONTACT PHONE «: 9197424581 SI EMISSION DATE: 02/28/2018
Date
By this signature. I certify that this report is accurate and complete to the best of my know ledge.
02/28/2018
Date
CERTIFIED LABORATORIES
PERSON(s) COLLECTING SAMPLES: Richie Lineberry. Brittany York, and Bobbie Hill
***
!________________02/28/20 1 8
Mccorquodale E-Mail :scvv astewater a silcrcily.org Phone #:[phone]
PARAMETER CODES
Parameter Code assistance may be obtained by calling the NPDES Unit [phone]
NPDES PER (H I NO.: NC0026441
FACILITY NAME: Siler City WW I P
OWNER NAME: Town of Siler Citv
GRADE: WW-»l
LAB NAME: Siler City Wastewater Treatment and Meritech, Inc.
CERTIFIED LAB#: 132. 165
eDMR PERIOD: 01-2018 (January 2018)
COMPLIANCE STATUS: Non-Compliant
ORC: Christopher Michael McCorquodale
ORC HAS CHANGED: No
L zho
gnature: ChristophcryM Mccc
Pcrmittee/Submitter Signature:***
—
ORC/Certifier Signa
or by visiting http://portal.ncdenr.org/web/wq/svvp/ps/npdes/forms.
FOOTNOTES
Use only units of measurement designated in the reporting facility's NPDES permit for reporting data.
* No Mow Discharge From Site: C heck this box ii no discharge occurs and. as a result, there are no data to be entered for all of the parameters on the DMR
for entire monitoring period.
** ORC on Site?: ORC must visit facility and document visitation of facility as required per 15A NCAC 8G .0204.
Signature ol Permittee: II signed by other than the permittee, then delegation of the signatory authority must be on File w ith the state per 15A NCAC 2B
-0506(b)(2)(D).
Christopher M Mccorquodale E-Mail:scwastew ater7zsilercity.org Phone #:[phone]
Permittee Address: 370 Waste Treatment Plant Rd Siler City NC 27344 Permit Expiration Date: 05/31/2019
I certify, under penalty ol law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed
to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons w ho managed the
system, or those persons directly responsible for gathering the information, the information submitted is. to the best of my knowledge and belief, true,
accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for
know ing violations.
I he permittee shall report to the Director or the appropriate Regional Office any noncompliance that potentially threatens public health or the environment.
Any information shall be provided orally within 24 hours from the time the permittee became aware of the circumstances. A written submission shall also be
provided w ithin 5 days of the time the permittee becomes aw are of the circumstances.
II the facility is noncompliant. please attach a list of corrective actions being taken and a time-table for improvements to be made as required by part II.E.6 of
the NPDES permit.
PERMIT VERSION: 4.0 PERMIT STATI S: Active
CLASS: WW-4 COUNTY: Chatham
ORC: Christopher Michael McCorquodale ORC C ERT NUMBER: 993421
ORC HAS CHANGED: No
VERSION: 1.0 STATI S: Processed
Report Comments:
Cadmium for January is being reported at 7.3ug/l and the monthly limit is 2, lug/l.
GRADE: WW-J
eDMR PERIOD: 01-2018 (January 2018)
NPDES PERMIT NO.: NC0026441
FACILITY NAME: Siler City WWTP
OWNER NAME: Toun of Siler City