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HomeMy WebLinkAboutNC0026441_Notice of Violation_20201231ROY LYNCH, TOWN MANAGER Sent Si fee. Ciiy:i PS Fol See Reverse for Instructions5 PSN 7530-02-000-9047 □□□□ □ J] LO m Postmark Here □ r- cO ru J- o in ru ROY LYNCH, TOWN MANAGER ? TOWN OF SILER CITY PO BOX 769 NC0026441.SILER CHQ 7/15/20; MAILED 7/15/20.ZHANG U.S. Postal Service " CERTIFIED MAIL® RECEIPT Domestic Mail Only For delivery information, visit our website at www.usps.com9’. OFFICIAL USE Certified Mall Fee $________________________ Extra Services & Fees (checkbox, add fee as appropriate) □ Return Receipt (hardcopy) $ □ Return Receipt (electronic) $ □ Certified Mall Restricted Delivery $ □ Adult Signature Required S □ Adult Signature Restricted Delivery $ Postage IMPORTANT: Save this receipt for your records. PS Form 3800, April 2015 (Reverse) PSN 7530-02-000-9047 for an electronic return receipt, see a retail associate for assistance. To receive a duplicate return receipt for no additional fee, present this USPS®-postmarked Certified Mail receipt to the retail associate. - Restricted delivery service, which provides delivery to the addressee specified by name, or to the addressee’s authorized agent. - Adult signature service, which requires the signee to be at least 21 years of age (not available at retail). - Adult signature restricted delivery service, which requires the signee to be at least 21 years of age and provides delivery to the addressee specified by name, or to the addressee's authorized agent (not available at retail). ■ To ensure that your Certified Mail receipt is accepted as legal proof of mailing, it should bear a USPS postmark. If you would like a postmark on this Certified Mail receipt, please present your Certified Mail item at a Post Office’" for postmarking. If you don't need a postmark on this Certified Mail receipt, detach the barcoded portion of this label, affix it to the mailpiece, apply appropriate postage, and deposit the mailpiece. Certified Mail service provides the following benefits: ■ A receipt (this portion of the Certified Mail label). ■ A unique identifier for your mailpiece. ■ Electronic verification of delivery or attempted delivery. ■ A record of delivery (including the recipient's signature) that is retained by the Postal Service’" for a specified period. Important Reminders: ■ You may purchase Certified Mail service with First-Class Mail®, First-Class Package Service®, or Priority Mail® service. ■ Certified Mail service is not available for international mail. ■ Insurance coverage is not available for purchase with Certified Mail service. However, the purchase of Certified Mail service does not change the insurance coverage automatically included with certain Priority Mail items. ■ For an additional fee, and with a proper endorsement on the mailpiece, you may request the following services: - Return receipt service, which provides a record of delivery (including the recipient’s signature). You can request a hardcopy return receipt or an electronic version. For a hardcopy return receipt, complete PS Form 3811, Domestic Return Receipt; attach PS Form 3811 to your mailpiece; X D. PS Form 3811, July 2015 PSN 7530-02-000-9053 Domestic Return Receipt COMPLETE THIS SECTION ON DELIVERYSENDER: COMPLETE THIS SECTION ■ Complete items 1,2, and 3. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. ROY LYNCH. TOWN MANAGER TOWN OF SILER CITY PO BOX 769 SILER CITY NO 27344 NOV & ASSESSMENT OF CP.LV-2020-0194 NC0026'.41.SILER CITY WWTP 7/15/20; MAILED 7/15/20 ZHANG 1 itiiiiiii mi iiiiii ii i mi iiiiiii i iiiiiii 11 in 9590 9402 3411 7227 5744 45 3. Service Type Adult Signature □^dult Signature Restricted Delivery jyeertified Mail® Certified Mail Restricted Delivery Collect on Delivery Agent Addressee C. Date of Delivery -Tfnl so I9 ' Yes No . Received by (Printed Name) 1 Is delivery address different from item 1? r Yes If YES, enter delivery address below: TOIL 3SL0 0000 HHBfl 7B50 ------------------- ----------------------------------------- i A Si< Priority Mail Express® Registered Mall™ Registered Mail Restricted Delivery ^Betum Receipt for Ii; Delivery Restricted Delivery D Signature Confirmation™ ail Signature Confirmation _ ail Restricted Delivery Restricted Delivery (over $500) • Sender; Please print your name, address, and ZIP+4® in this box*United States Postal Service NCDEQ RALEIGH REGIONAL OFFICE DIVISION OF WATER RESOURCES WATER QUALITY REGIONAL OPERATIONS SECTION 3800 BARRETT DRIVE RALEIGH NC 27609 First-Class Mail Postage & Fees Paid USPS Permit No. G-10IIIIIIIIIIIMHIIIII TSTD THOE 3411 7EE7 5744 45 ^4/ % As Sireei'and/ For delivery information, visit our website at www.usps.com*1. See Reverse for InstructionsPS Form 3800, April 2015 PSN 7530-02-000-9047 cO cO _n co □ o o o o CT □ $ $ $ $ Postmark Here cr LT) tr r- rA□ $___ Sent To _ OFFICIAL USE Certified Mail Fee ROY LYNCH, TOWN MANAGER TOWN OF SILER CITY PO BOX 769 SILER CITY, NC 27344 NOV-LV-2020-0294: NC0026441: SILER CITY WWTP CHATHAM COUNTY: NOV & ASSESSMENT OF CP ________ 10/19/20: MAILED: 10/19/20: HAYES City, State, L,. t-t U.S. Postal Service™ CERTIFIED MAIL® RECEIPT Domestic Mail Only $______ Extra Services & Fees (checkbox, add fee as appropriate) □ Return Receipt (hardcopy) Q Return Receipt (electronic) □ Certified Mall Restricted Delivery □ Adult Signature Required 0 Adult Signature Restricted Delivery $ Postage $ Total Posta IMPORTANT: Save this receipt for your records. PS Form 3800, April 2015 (ReverSB) PSN 7530-02-000-9047 Certified Mail service provides the following benefits: for an electronic return receipt, see a retail associate for assistance. To receive a duplicate return receipt for no additional fee, present this USPS®-postmarked Certified Mail receipt to the retail associate. - Restricted delivery service, which provides delivery to the addressee specified by name, or to the addressee's authorized agent. - Adult signature service, which requires the signee to be at least 21 years of age (not available at retail). - Adult signature restricted delivery service, which requires the signee to be at least 21 years of age and provides delivery to the addressee specified by name, or to the addressee’s authorized agent (not available at retail). To ensure that your Certified Mail receipt is accepted as legal proof of mailing, it should bear a USPS postmark. If you would like a postmark on this Certified Mail receipt, please present your Certified Mail item at a Post Office"* for postmarking. If you don't need a postmark on this Certified Mall receipt, detach the barcoded portion of this label, affix it to the mailpiece, apply appropriate postage, and deposit the mailpiece. ■ A receipt (this portion of the Certified Mail label). ■ A unique identifier for your mailpiece. "Electronic verification of delivery or attempted delivery. ■ A record of delivery (including the recipients signature) that is retained by the Postal Service™ for a specified period. Important Reminders: ■ You may purchase Certified Mail service with First-Class Mail®, First-Class Package Service®, or Eriority Mail® service. ■ Certified Mail service is not available for international mail. ■ Insurance coverage Is not available for purchase «th Certified Mail service. However, the purchase orCertified Mail service does not change the a Insurance coverage automatically included with certain Priority Mail items. ■ For an additional fee, and with a proper endorsement on the mailpiece, you may request the following services: - Return receipt service, which provides a record of delivery (including the recipient’s signature). You can request a hardcopy return receipt or an electronic version. For a hardcopy return receipt, complete PS Form 3811, Domestic Return Receipt; attach PS Form 3811 to your mailpiece; 1. Article Addressed to: < t Yes 5 fibfifl Domestic Return Receipt 102595-02-M-1540 COMPLETE THIS SECTION ON DELIVERY ■ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. j^Agent Addressee C. Date of Delivery ROY LYNCH, TOWS MANAGER TOWN OF SILER CITY PO BOX 769 ====="• S20: MAILED: 10/19/20: HAYES B-Beceiv.ed by (Printed Name) C.-------------------J D. Is delivery erldress different from item 1? O Yes If YES, enter delivery address below: No 3. Service Type [^Certified Mail Registered Insured Mail 4. Restricted Delivery? (Extra Fee) PS Form 3811, February 2004 Express Mail D Return Receipt for Merchandise C.O.D. SENDER: COMPLETE THIS SECTION 26 OCT 2020PM 4 L £’• Sender: Please print your name, address, and ZIP+4 in this box • I oo First-Class Mail Postage & Fees Paid USPS Permit No. G-10 O IIo .fc <*- Q P _____ 8 2 CO WATER QUALITY REGIONAL OPERATIONS Section ^IC DEQ- RALEIGH REGIONAL OFFICE 3800 BARRETT DRIVE RALEIGH, NC 27609 Q P6 United States NC 23 O Street and c:ity;§&ie; For delivery information, visit our website at www.usps.com9. PS Form 3800, April 2015 PSN 7530-02-000-9047 See Reverse for Instructions $___ Sent To □ O O □ ROY LYNCH, TOWN MANAGER TOWN OF SILER CITY PO BOX 769 SILER CITY, NC 27344 NOV-LV-2020 0127: NC0026441: SILER CITY WWTP CHATHAM COUNTY: NOV & ASSESSMENT OF CP 07/01/20: MAILED: 07/07/20: ZHANG $ $ $ $ O ET cr cO J m HJ ru o cO J3 fU Postmark Here HI □ OFFICIAL USE Certified Mail Fee U.S. Postal Service " CERTIFIED MAIL® RECEIPT Domestic Mail Only $___________________________ Extra Services & Fees (check box, add fee as appropriate) □ Return Receipt (hardcopy) □ Return Receipt (electronic) □ Certified Mall Restricted Delivery □ Adult Signature Required □ Adult Signature Restricted Delivery $ Postage $_____ Total Post IMPORTANT Save this receipt for your records. PS Form 3800, April 2015 (Reverse) PSN 7530-02-000-9047 Certified Mail service provides the following benefits: ■ A receipt (this portion of the Certified Mail label). ■ A unique identifier for your mailpiece. ■ Electronic verification of delivery or attempted delivery. ■ A record of delivery (including the recipient's signature) that is retained by the Postal Service™ for a specified period. Important Reminders: ■ You may purchase Certified Mail service with First-Class Mail®, First-Class Package Service®, or Priority Mail® service. ■ Certified Mail service is not available for international mail. ■ Insurance coverage Is nofavailable for purchase with Certified Mail service. However, the purchase of Certified Mail service does not change the insurance coverage automatically included with certain Priority Mail items. ■ For an additional fee, and with a proper endorsement on the mallpiece, you may request the following services: - Return receipt service, which provides a record of delivery (including the recipient's signature). You can request a hardcopy return receipt or an electronic version. For a hardcopy return receipt, complete PS Form 3811, Domestic Return Receipt; attach PS Form 3811 to your mailpiece; for an electronic return receipt, see a retail associate for assistance. To receive a duplicate return receipt for no additional fee, present this USPSS-postmarked Certified Mail receipt to the retail associate. - Restricted delivery service, which provides delivery to the addressee specified by name, or to the addressee’s authorized agent. - Adult signature service, which requires the signee to be at least 21 years of age (not available at retail). - Adult signature restricted delivery service, which requires the signee to be at least 21 years of age I and provides delivery to the addressee specified | by name, or to the addressee's authorized agent (not available at retail). ■ To ensure that your Certified Mail receipt is accepted as legal proof of mailing, It should bear a USPS postmark. If you would like a postmark on this Certified Mail receipt, please present your Certified Mail item at a Post Office™ for postmarking. If you don't need a postmark on this Certified Mail receipt, detach the barcoded portion of this label, affix it to the mailpiece, apply appropriate postage, and deposit the mailpiece. Domestic Return Receipt : COMPLETE THIS SECTION ON DELIVERY, SENDER: COMPLETE THIS SECTION 3. Service Type Adult Signature ClAdult Signature Restricted Delivery 0 Certified Mail® Certified Mail Restricted Delivery Collect on Delivery ROY LYNCH, TOWN MANAGER TOWN OF SH ER CITY PO BOX 769 SILER CITY, nc 27344 NOV-1 V 2020-01/7: NC0026441: SILER CITY WWTP CHATHAM COUNTY: NOV & ASSESSMENT OF CP 07/01/20: MAILED: 07/07/20: /HANG iiiiiniiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiEiiiii 9590 9402 3415 7227 6990 38 2. Article Number (Transfer from service label) 7017 EbfiO 0000 PS Form 3811, July 2015 PSN 7530-02-000-9053 ■ Complete items 1,2, and 3. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits.___________ 1. Article Addressed to: A. Signature / / X < g Xsee _B. Received by (Printed Name) TI C. Date of Delivery I I ffi) D. Is delivery address different from item 1? I Yes • If YES, enter delivery address below: No Priority Mail Express® Registered Mail™ Registered Mail Restricted yDeUvery 0 Return Receipt for t Merchandise Collect on Delivery Restricted Delivery Signature Confirmation™ Insured Mail O Signature Confirmation nsured Mail Restricted Delivery Restricted Delivery —.over $500) • Sender: Please print your name, address, and ZIP+4® in this box* JUL Jill onwn Raleigh Regional Office United States Postal Service Raleigh Regional Office 'l|i|i’ii||’i''i«i‘i|i«rl|i||||i.i||||.|i|||.|..|H|.||||||i..i. First-Class Mail Postage & Fees Paid USPS Permit No. G-10 WATER QUALITY REGIONAL OPERATIONS SECTION 'H<lNCOT&li?ALEiGHregional©(EjpwfEnvironmenta Qualit 3800 BARRETT DRIVE RALEIGH, NC 27609 5550 1402 B415 7227 3fl NC Deptot f-.nv Street and Ap Gty.Siate.Zl For delivery information, visit our website at www.usps.com'. PS Form 3800, April 2015 PSN 7530-02-000-9047 See Reverse for Instructions □ IT rA □ROY LYNCH, TOWN MANAGER TOWN OF SILER CITY PO BOX 769 SILER, NC 27344 NOV-LV-2020-0292: NC0026441: SILER CITY WWTP CHATHAM COUNTY: NOV & ASSESSMENT OF CP 10/12/20: MAILED: 10/13/20: ZHANG $ $ $ $ Postmark' Here m m_□ cO rr LO tr o o □ o r- F? o $___ Sent To OFFICIAL USE Certified Mail Fee U.S. Postal Service" CERTIFIED MAIL® RECEIPT Domestic Mail Only $ ________________ Extra Services & Fees (checkbox, add fee as appropriate) □ Return Receipt (hardcopy) O Return Receipt (electronic) □ Certified Mall Restricted Delivery □ Adult Signature Required □ Adult Signature Restricted Delivery $ Postage $______ Total Postage ■ A receipt (this portion of the Certified Mail label). ■ A unique identifier for your mailpiece. ■ Electronic verification of delivery or attempted delivery. ■ A record of delivery (including the recipient’s signature) that is retained by the Postal Service'” for a specified period. Important Reminders: ■ You may purchase Certified Mail service with First-Class Mail®, First-Class Package Service®, or Priority Mail® service. ■ Certged Mail service Is not available for inteiWiuiiarmail. ■ Insurance coverage is oof available for purchase with Certified Mail service. However, the purchase of Certified Mail service does not change the insurance coverage automatically included with certain Priority Mail items. ■ For an additional fee, and with a proper endorsement on the mailpiece, you may request the following services: - Return receipt service, which provides a record of delivery (including the recipient's signature). You can request a hardcopy return receipt or an electronic version. For a hardcopy return receipt, complete PS Form 3811, Domestic Return Receipt; attach PS Form 3811 to your mailpiece;IMPORTANT: Save this receipt for your records. PS Form 3800, April 2015 (Reverse) PSN 7530-02-000-9047 Certified Mail service provides the following benefits: for an electronic return receipt, see a retail associate for assistance. To receive a duplicate return receipt for no additional fee, present this USPS®-postmarked Certified Mail receipt to the retail associate. - Restricted delivery service, which provides delivery to the addressee specified by name, or to the addressee's authorized agent. - Adult signature service, which requires the signee to be at least 21 years of age (not available at retail). - Adult signature restricted delivery service, which requires the signee to be at least 21 years of age and provides delivery to the addressee specified by name, or to the addressee's authorized agent (not available at retail). ■ To ensure that your Certified Mail receipt is accepted as legal proof of mailing, it should bear a USPS postmark. If you would like a postmark on this Certified Mail receipt, please present your Certified Mail item at a Post Office"1 for postmarking. If you don't need a postmark on this Certified Mail receipt, detach the barcoded portion of this label, affix it to the mailpiece, apply appropriate postage, and deposit the mailpiece. r i * Yes Domestic Return Receipt 102595-02-M-1540 COMPLETE THIS SECTION ON DELIVERY, SENDER: COMPLETE THIS SECTION ROY LYNCH, TOWN MANAGER TOWN OF SILER CITY POBOX 769 SILER, NC 27344 NOV-LV-2020-0292: NC0026441: SILER CITY WWTP CHATHAM COUNFY: NOV & ASSESSMENT OF CP 10/12/20: MAILED: 10/13/20: ZHANG [•/Agent Addressee C. Date of Delivery /e/74) 7017 0150 DODO 55b5 BL33 jliuirviwi wvi ; PS Form 3811, February 2004 3. Service Type Cl Certified Mail Registered Insured Mail Express Mail ^Return Receipt for Merchandise C.O.D. 4. Restricted Delivery? (Extra Fee) ■ Complete items'1,2, and 3. Also complete item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we cartjreturn the card to you. ■ Attach this card‘to the back of the mailpiece, or oh the front. If. Space permits. 1. Article Addressed to: A. Signature B. Received by (Printed Nam^F D. Is delivery address different from item 1? Yes If YES, enter delivery address below: O No f First-Class Mail Postage & Fees Paid USPS Permit No. G-10 United States Postal Service 11| GREENSBORO NC 2/IoII x5 OCT 2020PM 2 l • Sender: Please print your name, address, and ZIP+4 in this box • o / - /v^Xter quality regional operations Section J^XlC DEQ- RALEIGH REGIONAL OFFICE 3800 BARRE FT DRIVE ■? RALEIGH, NC 27609 / February 5, 2020 Dear Permittee: Limit Exceedance Violation(s): Parameter Date 001 Effluent 11/30/2019 2.1 A review of the November 2019 Discharge Monitoring Report (DMR) for the subject facility revealed the violation(s) indicated below: Sample Location Limit Value A Notice of Violation/Intent to Issue Gvil Penalty is being issued for the noted violation of North Carolina General Statute (G.S.) 143-215.1 and the facility's NPDES WW Permit. Pursuant to G.S. 143-215.6A, a civil penalty of not more than twenty-five thousand dollars ($25,000.00) may be assessed 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. Certified Mail # 70172680000022368808 Return Receipt Requested Roy Lynch, Town Manager Town of Siler City 198 Utility Dr Siler City, NC 27344 SUBJECT: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY Tracking Number: NOV-2020-LV-0068 Permit No. NC0026441 Siler City WYTTP Chatham County Cadmium, Total (as Cd) (01027) NOH Tn CARO: NA Envircnmenta! Quality ROV COOPER. Gt - mwr MICHAEL S REGAN Sccrrtury S. DANIEL SMITH Osreclcr z"-i i;. i ■ 5 ' i ■. Z' i ZiZiG’-i Reported Value Type of Violation 3 Monthly Average Exceeded Sincerely, Cc:WQS Raleigh Regional Office - Enforcement File NPDES Compliance/Enforcement Unit - Enforcement File Laserfiche Scott Vinson, Regional Supervisor Water Quality Regional Operations Section Raleigh Regional Office Division of Water Resources, NCDEQ \:t' C3':.•<dW i - it i :-f I”Zi-’.-'i Z~Z Zr Reminder: Pursuant to Permit Condition 6 in Section E, the Permittee is required to verbally notify the Regional Office as soon as possible, not to exceed 24 hours, from first knowledge of any non-compliance at the facility including limit violations, bypasses of, or failure of a treatment unit. A written report may be required within 5 days if directed by Division staff. Prior notice should be given for anticipated or potential problems due to planned maintenance activities, taking units off-line, etc. If you have any questions concerning this matter or to apply for an SOC, please contact Cheng Zhang of the Raieigh Regional Office at 919-791-4200. Remedial actions should have already been taken to correct this problem and prevent further occurrences in the future. The Division of Water Resources may pursue enforcement action for this and any additional violations of State law. If the violations are of a continuing nature, not related to operation and/or maintenance problems, and you anticipate remedial construction activities, then you may wish to consider applying for a Special Order by Consent. i .-j 5 -at- ’A •:* 5 ! z’-'.Z ’ If you wish to provide additional information regarding the noted violation, request technical assistance, or discuss overall compliance please respond in writing within ten (10) business days after receipt of this Notice. A review of your response will be considered along with any information provided on the submitted Monitoring Report(s). You will then be notified of any civil penalties that may be assessed regarding the violations. If no response is received in this Office within the 10-day period, a civil penalty assessment may be prepared. , ncdeq/dwr/npdes Dear Mr. Vinson, If you have any questions please do not hesitate to contact me. Cc: Roy Lynch Town Manager, Chris McCorquodale Public Works Utility Director To adwoce a framewk foi on;- civ 0:^:1 baicnced (lyrvvvic oorcue.^hips. and an nigacied covinv.inicy. Siler City WWTP Chatham County Sincerely, Town of Siler City Brittany York Wastewater Plant Superintendent byork@silercity.org Phone:919-742-2939 www.silercity.org February 12, 2020 ATTN: Scott Vinson, Regional Supervisor Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Subject: NOTICE OF VIOLATION & INTENT TO ASSES CIVIL PENALTY Tracking Number: NOV -2020-LV-0068 Permit No. NC0026441 Brittany York WWTP Superintendent PO Box 769 • 311 N Second Avenue Siler City, NC 27344-0769 RECEIVED FEB 2 0 2020 Public works and Utilities This letter is in response to the Notice of Violation for Cadmium for the month of November. On 11/4/2019 we were in violation of our permit for Cadmium. Sample results was 3.0 ug/l. Our permitted limit is 2.1 ug/l. The violation was found to be the result of mechanical issues with our Polymer feed pump that we use to remove Cadmium from out process. Had to order replacement parts and tubing. Pump was back online within 2 days of problem occurring. ibho February 5, 2020 Dear Permittee: Limit Exceedance Violation(s): Parameter 001 Effluent Domestic Return Receip SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY Certified Mail # 70172680000022368808 Return Receipt Requested Sample Location Roy Lynch, Town Manager Town of Siler City 198 Utility Dr Siler City, NC 27344 Cadmium, Total (as Cc (01027) 3. Service Type Adult Signature □Adult Signature Restricted Delivery 0 Certified Mail® Certified Mail Restricted Delivery Collect on Delivery Agent Addresse A Notice of Violation/Intent to Issue Ci\ Statute (G.S.) 143-215.1 and the facilit- not more than twenty-five thousand do fails to act in accordance with the term- 143-215.1. NOR II I CAROLINA Environmental Quality r-: ’ . z = = z W COOPER er nor MICHAEL 5 REGAN Secretary S. DANIEL SMITH Director = =' 2. Article Number (Transfer from service label) TDl? EL6D □□□□ aaDfi PS Form 3811, July 2015 PSN 7530-02-000-9053 A review of the November 2019 Discha violation(s) indicated below: SUBJECT: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY Tracking Number: NOV-2020-LV-0068 Permit No. NC0026441 Siler City WWTP Chatham County ■ Complete items 1, 2, and 3. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits.___________ 1. Article Addressed to: ROY ! YNCH, TOWN MANAGER TOWN OF SILER CITY 198 UTILITY DR SILER CIIY, NC 2.7344 NOV 2020-LV 0068: NC0026441: Sil ER CITY WWTP CHA TRAM COUNTY: NOV & INTENT TO ASSESS CP 02/05/20: MAU ED: 02/06/20: ZHANG lllllltlllllllllllllllllllllllllllllllllllllll 9590 9402 3415 7227 6980 62 . -A. iS' : Priority Mail Express® Registered Mail™ Registered Mail Restric Delivery Return Receipt for ___ ___________ Merchandise Collect on Delivery Restricted Delivery Signature Confirmation Insured Mail D Signature Confirmatior Insured Mail Restricted Delivery Restricted Deliveiy — (over $500) X B. Received by (Printed Name) L.-----------------. IO I D. Is delivery address different from item 1? I El Yes If YES, entdr delivery address below: No po WlUA C. Date of Deliver May 6, 2020 Dear Permittee: Limit Exceedance Violationfs^: Parameter Date 001 Effluent 3/31/2020 2 2.81 . . i SUBJECT: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY Tracking Number: NOV-2020-LV-0388 Permit No. NC0026441 Siler Qty WWTP Chatham County Sample Location Nitrogen, Ammonia Total (as N) - Concentration (COB 10) N H ■ Envircnmcrtlal Quality Limit Value Roy Lynch, Town Manager Town of Siler City PO Box 769 Siler City, NC 27344 Certified Mail # 70172680000022366637 Return Receipt Requested ROY COOPER MICHAEL S REGAN Sc: rotary S DANIEL SMITH O;r> . 7 :x h review of the March 2020 Discharge Monitoring Report (DMR) for the subject facility revealed the violation(s) indicated below: A Notice of Violation/Intent to Issue Civil Penalty is being issued for the noted violation of North Carolina General Statute (G.S.) 143-215.1 and the facility's NPDES WW Permit. Pursuant to G.S. 143-215.6A, a civil penalty' of not more than twenty-five thousand dollars ($25,000.00) may be assessed 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. ... >TAT£., Reported Value Type of Violation Monthly Average Exceeded j-: r'x A Sincerely, Cc: G- '•. .'i If you have any questions concerning this matter or to apply for an SOC, please contact Cheng Zhang of the Raleigh Regional Office at 919-791-4200. WQS Raleigh Regional Office - Enforcement File NPDES Compliance/Enforcement Unit - Enforcement File Laserfi che Remedial actions should have already been taken to correct this problem and prevent further occurrences in the future. The Division of Water Resources may pursue enforcement action for this and any additional violations of State law. If the violations are of a continuing nature, not related to operation and/or maintenance problems, and you anticipate remedial construction activities, then you may wish to consider applying for a Special Order by Consent. Vanessa E. Manuel, Assistant Regional Supervisor Water Quality Regional Operations Section Raleigh Regional Office Division of Water Resources, NCDEQ If you wish to provide additional information regarding the noted violation, request technical assistance, or discuss overall compliance please respond in writing within sixty (60") business days after receipt of this Notice, review of your response will be considered along with any information provided on the submitted Monitoring Report(s). You will then be notified of any civil penalties that may be assessed regarding the violations. If no response is received in this Office within the 60-day period, a civil penalty assessment may be prepared. Reminder: Pursuant to Permit Condition 6 in Section E, the Permittee is required to verbally notify the Regional Office as soon as possible, not to exceed 24 hours, from first knowledge of any non-compliance at the facility including limit violations, bypasses of, or failure of a treatment unit. A written report may be required within 5 days if directed by Division staff. Prior notice should be given for anticipated or potential problems due to planned maintenance activities, taking units off-line, etc. ; t scs" May 6, 2020 I Dear Permittee: n vm Limit Exceedance Violation(s): Parameter 001 Effluent COMPLETE THIS SECTION ON DELIVERYSENDER: COMPLETE THIS SECTION A review of the March 2020 Discharge indicated below: Sample Location Nitrogen, Ammonia To N) - Concentration (CC ■ Complete items 1,2, and 3. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. ROY LYNCH, TOWN MANAGER TOWN OF SILER CITY PO BOX 769 SILER CTTY NC 27344 NOV & IN: ‘ N r TO ASSESS CP- NOV-2020-LV-0388 NCOO264--.-SL ER CITY WWTP 5/6/20; Mfti' Fr 5/11/20 ZHANG Certified Mail # 70172680000022366637 Return Receipt Requested NOH III CAROLINA Environmental Quality Roy Lynch, Town Manager Town of Siler City PO Box 769 Siler City, NC 27344 2. Article Number (Transfer from service label) 7D17 BbaD □□□□ EB3L bL37 liiiiiiiiniiiiiiiiiiiiiiiiiiiiiiiiiiiiiii 9590 9402 3411 7227 5746 36 ROY COOPER Governor MICHAEL S. REGAN Secretary S. DANIEL SMITH Director Agent Addresse C. Date of Deliver __________ SUBJECT: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY Tracking Number: NOV-2020-LV-0388 Permit No. NC0026441 Siler City WWTP Chatham County 3. Service Type Adult Signature Adult Signature F ^Certified Mail® u Certified Mail Res Collect on Deliver, Merchandise Collect on Delivery Restricted Delivery D Signature Confirmation " • - - -- - • -aj| Signature Confirmation all Restricted Delivery Restricted Delivery ))__________________________ _ A Notice of Violation/Intent to Issue Civ Statute (G-S-) 143 215.1 and the PS Form 3811, July 2015 PSN 7530-02-000-9053 Domestic Return Receip not more tnan twenty-five thousand doiiuio may uc abbesbeu dyanisi any person wno violates or fails to act in accordance with the terms, conditions, or requirements of any permit issued pursuant to G.S. 143-215.1. PnQtedName) ilivery address different from item 17 w'3 I . - ST-Vf A. Signature B. Received by (Printed Name) D. Isdeliv.., If YES, ent- 1 < NPDES PERMIT NO.: NC0026441 PERMIT VERSION: 5.0 PERMIT STATUS: Expired FACILITY NAME: Siler City WWTP CLASS: WW-4.COUNTY: Chatham OWNER NAME: Town of Siler City ORC: Brittany Nicole York ORC CERT NUMBER: 1007288 GRADE: WW-4 ORC H AS CH ANGED: No eDMR PERIOD: 03-2020 (March 2020)STATUS: SubmittedVERSION: 1.0 SAMPLING LOCATION: EFFLUENT DISCHARGE NO.: 001 NO DISCHARGE*: NO 5005U IHIOIU <10400 COJIO CO6I0 CO530 31616 0030050060 Continuous 5 X week 5 X week 5 X week 2 X week 2 X week 5 X week5 X week 2 X week GrabInstantaneousGrabGrabGrabCompositeCompositeCompositeGrab 1 FLOW TEMP-C pH CHLORINE BOO-Cone NH3-N-Coiic TSS - Cone FCOLI BR DO 2400 clock Hrs 2400 clock Hrs Y B'N mgd deg e mg I mg I mg ’si 00ml ma/1ug ISil 0745 24 X 10X9 0800 24 0745 24 Y 3.026 16 7.3 < 10 10<0.5 24 07450X00 24 Y 3.693 17 7.2 < 10 <2 <0.5 < 2.5 5 9.9 0800 24 0745 24 Y 3.526 17 7.5 < 10 0.93 9.X 0745080024 24 Y 3 432 16 7.4 < 10 3.4 3.9 <2.5 < I 9.9 0800 24 0745 24 Y 3.41 16 7.2 < 10 1.6 10.3 0745 24 X 3.362 0800 24 0745 24 X 3.047 1 0800 24 0745 24 N 2.847 7.3 <0.5 9.916< 10 III 0800 24 0745 24 Y 3.358 17 3.3 0.5 < 2.5 1 9.875< 10 11 0800 24 0745 24 Y 3.318 9.8177 3 < 10 <0.5 12 0X00 24 0745 24 Y 3.279 9.4177.2 < 10 3.8 <0.5 <2.5 080013 24 0745 24 Y 3.267 18 7.2 0 5 9.4< 10 14 0745 24 X 2.958 15 0745 24 X 2.245 16 0800 24 0745 24 Y 2.249 17 <2.5 10 9.57.1 < 10 <0.5 17 0800 24 0745 24 Y 3.216 18 <0.5 9.47.4 < 10 18 0745080024 24 Y 3.157 17 7.4 2.5 < 0.5 < 2.5 9.4< 10 6 19 08(81 24 Q745 24 3 8 9.4Y3.081 19 7.1 < 10 20 9.3080024074524Y3.808 19 < 10 627.5 21 0745 24 N 2 661 22 0745 24 X 2.616 23 9.4080024074524Y3.413 17 7.2 < 10 < 0.5 24 0745 < 2 5 < 1 9.508002424Y3.642 19 7.4 < 10 2.6 0.73 25 24 3.6 9.20800074524Y6.0X8 18 7.3 < 10 26 0800 24 0745 24 Y 4.129 < 10 7.9 9.61874 27 970X0024074524Y3.652 11.9 7.2 638187.4 < 10 10.4 28 0745 24 3.209X 29 0745 24 X 2.505 30 5.7 6 9.10800241)745 24 Y 2.062 20 7.6 < 10 7.8 14 31 9.190800240745242.23 19 7.3 < 10 Monlhls Average Limit:2001030 Monthly Average:5.85118 9.5818182.806957 1 4333.333 212097 17.545455 0 3.38 Daily Maximum:10.3726386 088 20 7.6 0 104 14 Dails Minimum:9.102.062 0 0160 I 5 1 i § I I I 1 I ! I i 1 **** No Reporting Reason: ENFRLSE = No Flow-Reuse/Recycle: ENVWTHR No Visitation - Adverse Weather; NOFLOW = No Flow; HOLIDAY = No Visitation - Holiday u NPDES PERMIT NO.: NC0026441 PERMIT VERSION: 5.0 PERMIT STATUS: Expired FACILITY NAME: Siler City WWTP CLASS: WW-4.COUNTY: Chatham OWNER NAME: Town of Siler City ORC: Brittany Nicole York ORC CERT NUMBER: 1007288 GRADE: WW-4 ORC HAS CHANGED: No eDMR PERIOD: 03-2020 (March 2020)VERSION: 1.0 STATUS: Submitted COMPLIANCE STATUS: Non-Compliant CONTACT PHONE #: 9197424581 SUBMISSION DATE: 04/21 2020 04/21/2020 ORC/Certifier Signature:Brittany N York E-Mail:byork@silercity.org Phone #:9 1 9-742-458 1 Date By this signature. I certify that this report is accurate and complete to the best of my knowledge. 04/21/2020 Phone #:919-742-4581 Date CERTIFIED LABORATORIES LAB NAME: Siler City Waste Water Treatment Plant, Meritcch. Inc. CERTIFIED LAB #: 132, 165 PERSON(s) COLLECTING SAMPLES: Richie Lineberry, Stephen Smith, Dwayne Parnell, Bobbie Hill PARAMETER CODES Parameter Code assistance may be obtained by calling the NPDES Unit (919) 807-6300 or by visiting http://portal.ncdenr.org/web/wq/swp/ps/npdes forms. FOOTNOTES for entire monitoring period. file with the state per 15A NCAC 2B .0506(b)(2)(D). If 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 I1.E.6 of the NPDES permit. Brittany N York E-M ai 1: by ork@s i I ere i ty. org Permittee Address: 370 Waste Treatment Plant Rd Siler City NC 27344 Permit Expiration Date: 05/31/2019 I certify, under penalty of 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 infonnation submitted. Based on my inquiry of the person or persons who managed the system, or those persons directly responsible for gathering the information, the infonnation 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 infonnation. including the possibility of fines and imprisonment for knowing violations. Use only units of measurement designated in the reporting facility’s NPDES permit for reporting data. * No Flow/Discharge From Site: Check this box if no discharge occurs and. as a result, there arc no data to be entered for all of the parameters on the DMR P e r m i 11 e e / S u b in i 11 e r Signature:*** ** ORC on Site?: ORC must visit facility and document visitation of facility as required per 15A NCAC 8G .0204. *** Signature of Permittee: If signed by other than the permittee, then delegation of the signatory authority must be on The 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 within 5 days of the time the permittee becomes aware of the circumstances. * NPDES PERMIT NO.: NC0026441 PERMIT VERSION: 5.0 PERMIT STATUS: Expired FACILITY NAME: Siler City WWTP CLASS: WW-4.COUNTY: Chatham OWNER NAME: Town of Siler City ORC: Brittany Nicole York ORC CERT NUMBER: 1007288 GRADE: WW-4 ORC HAS CHANGED: No eDMR PERIOD: 03-2020 (March 2020)VERSION: 1.0 STATUS: Submitted Report Comments: Week NH3-N - 11.5 mg 1 Making us over our weekly limit of 6 mg/1. Also over our monthly limit of 2 mg/1 'it 2.81 mg'l. It is my belief that this happened due to a few high flow events in the month of March and the fact that we are holding onto more sludge due to not being able to land apply during these wet months. We had no available storage to waste and in result had to turn off the blowers to our Oxidation ditches several times during the month to prevent from having a Clarifier bulk. We have since had Synagro here to available space to waste. 3/30/2020 - BOD - GGA > 228,5 mg/1 due to a dirty probe. press out sludge. Giving us Permit Enforcement History Details by Owner Town of Siler CityOwner : ChathamCounty : DamagesMR $1,047.73 $0.00 No 8/24/99$47.737/22/99 $1,000.00LV-1999-0276 1/10/00$1,297.73 $0.00 No$47.7311/29/99$1,250.00LV-1999-0462 $0.00 No 4/3/00$2,297.73$47.732/23/00 $2,250.00LV-2000-0055 5/25/00$1,029.96 $0.00 No$29.965/12/00 $1,000.00LV-2000-0138 10/9/00$1,029.96 $0.00 No$1,000.00 $29.969/7/00LV-2000-0385 10/18/0C$2,297.73 $0.00 No$47.7310/5/00 $2,250.00LV-2000-0425 $1,053.07 $0.00 No 11/28/01$53.0710/30/01 $1,000.00LV-2001-0443 $303.07 $0.00 No 1/7/0212/19/01 $250.00 $53.07LV-2001-052C $0.00 No 12/2/03$544.00$44.0010/23/03$500.00LV-2003-0685 3-2003 $0.00 No 12/2/03$2,044.00$44.0010/23/03$2,000.00LV-2003-0686 4-2003 12/2/03$4,044.00 $0.00 No$44.0010/23/03$4,000.00LV-2003-0687 8-2003 8/13/18$1,537.78 $0.00 No$0.004/12/18 $1,500.00 $37.78LV-2018-0075 5-2017 8/13/18$1,537.78 $0.00 No$0.00$37.78LV-2018-0084 11-2017 4/13/18 $1,500.00 1/18/19$1,237.78 $0.00 No8/28/18 12/6/18 $300.00$0.00$1,500.00 $37.788/8/18LV-2018-0193 1-2018 $1,541.69 No$0.00$41.69$1,500.00LV-2020-0127 11-2019 7/1/20 Facility : Permit: Region : Case Number Penalty Assessment Approved Penalty Enforcement Amount Costs Remission Request Received Total Paid Balance Due Has Pmt Plan Case Closed Siler City WWTP NC0026441 Raleigh Enf Conf Held EMC Remission Amount 7/14/2020 1 Enf EMC Remission Hearing Amount Held OAH Collection Remission MemoSent Amount To AGO Sum Of Total Paid:$21,302,32 Total Balance Due : $1,541.69Total Enforcement Cost: $644.01Total Penalty Amount: $22,50015Total Cases: Total Penalties After Remissions : $22,844.01Sum of Total Case Penalties: $23,144.01 7/14/2020 2 Public works and Utilities May 29, 2020 NC Dept of Environmental Quality JON 1 ? 2020 Raleigh Regional Office Dear Vanessa E. Manuel If you have any questions please do not hesitate to contact me. Sincerely, Cc: Roy Lynch Town Manager, Chris McCorquodate Public Works & Utility Director ATTN: Vanessa E. Manuel, Assistant Regional Supervisor Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 To^/n of Siler City Brittany York Wastewater Plant Superintendent Subject: NOTICE OF VIOLATION Tracking Number: NOV-2020-LV-0388 Permit No. NC0026441 Town of Siler City WWTP Chatham County Brittany York WWTP Superintendent PO Box 769 • 311 N Second Avenue Siler City, NC 27344-0769 byork@silercity.org Phone: 919-742-2939 www.silercity.org This letter is in response to the Notice of Violation for exceeding our monthly limit on Nitrogen, Ammonia Total (as N) Monthly limit is 2.0 mg/l our monthly reported value for March was 2.81 mg/L It is my belief that this happened due to a few high flow events during the month of March and the fact that we are holding onto more sludge due to not being able to land apply during these wet months. We had no available storage to waste and in result had to turn off blowers to the Oxidation ditches several times during the month to prevent from having a Clarifier bulk due to high sludge blankets. We are working closely with Synagro to get this problem resolved and to hopefully get on schedule to be hauled more frequently in the future. h'i June 15, 2020 Dear Permittee: Limit Exceedance Violationfs); Parameter Date 001 Effluent 84/4/2020 3 001 Effluent Weekly Average Exceeded4/11/2020 7.5 8.2 Weekly Average Exceeded001 Effluent 4/11/2020 8.853 001 Effluent Monthly Average Exceeded4/30/2020 2.581 A review of the April 2020 Discharge Monitoring Report (DMR) for the subject facility revealed the violation(s) indicated below. Sample Location Car? r.s &epsttn'.-rnt«f r:-r.rr.enta Qua 1} | 0 v3-:n sf Hx*3i:rc&5 F.5 ? j.'- Ra* Hi Off is | 3S00 E»nen Drvs I s Jft North Car: ns 276CS NORTH CAROLINA Environmental Quality Limit Value Certified Mali # 70172680000022366750 Return Receipt Requested Roy Lynch, Town Manager Town of Siler City PO Box 769 Siler City, NC 27344 SUBJECT: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY Tracking Number: NOV-2020-LV-0472 Permit No. NC0026441 Siler City WVCTP Chatham County ROY COOPER Governor MICHAEL S. REGAN Secretary S. DANIEL SMITH Director Reported Value Type of Violation Weekly Average ExceededNitrogen, Ammonia Total (as N) - Concentration (CO610) BOD, 5-Day '(20~Deg. C) - Concentration (C0310) Nitrogen, Ammonia Total (as N) - Concentration (CO610) Nitrogen, Ammonia Total (as N) - Concentration (CO610) A Sincerely, Cc: Vanessa E. Manuel, Assistant Regional Supervisor Water Quality Regional Operations Section Raleigh Regional Office Division of Water Resources, NCDEQ NiafCs'-c 's Sepjrtn*ent<^ Q’^a *• I 0 v.soa i'u:- KisoutCi'S R» eghRs^ri 0?fi8| S830E«.-f*fl0'.'.« i S* ? s’. N-*'V Ctr:-' m I’SGS Siy'ei-iZZG A Notice of Violation/Intent to Issue Civil Penalty is being issued for the noted violation of North Carolina Genera. Statute (G.S.) 143-215.1 and the facility's NPDES WW Permit Pursuant to G.S. 143-215.6A, a civil penalty of not more than twenty-five thousand dollars ($25,000.00) may be assessed 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. WQS Raleigh Regional Office - Enforcement File NPDES Compliance/Enforcement Unit - Enforcement File Laserfiche If you wish to provide additional information regarding the noted violation, request technical assistance, or discuss overall compliance please respond in writing within ten (1.01 business,days after receipt of this Notice, review of your response will be considered along with any information provided on the submitted Monitoring Report(s). You will then be notified of any civil penalties that may be assessed regarding the violations. It no response is received in this Office within the 10-day period, a civil penalty assessment may be prepared. Remedial actions should have already been taken to correct this problem and prevent further occurrences in the future. The Division of Water Resources may pursue enforcement action for this ana any additional violations or State law. If the violations are of a continuing nature, not related to operation and/or maintenance problems, and you anticipate remedial construction activities, then you may wish to consider applying for a Special Order by Consent. Reminder: Pursuant to Permit Condition 6 in SectignE, the Permittee is required to verbally notify the Regional Office as soon as possible, not to exceed 24 hours, from first knowledge of any non-compliance at the facility including limit violations, bypasses of, or failure of a treatment unit. A written report may be required within 5 days if directed by Division staff. Prior notice should be given for anticipated or potential problems due to planned maintenance activities, taking units off-line, euc. If you have any questions concerning this matter or to apply for an SOC, please contact Cheng Zhang of the Raleigh Regional Office at 919-791-4200. June 15, 2020 Dear Permittee: Limit Exceedance Violation(s): Parameter 001 Effluent 001 Effluent 001 Effluent 001 Effluent Domestic Return ReceiptEPfe. EF3 SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY Certified Mail # 70172680000022366750 Return Receipt Requested SUBJECT: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY Tracking Number: NOV-2020-LV-0472 Permit No. NC0026441 Siler City WWTP Chatham County Sample Location BOD, 5-Day (20 Deg. (. Concentration (CO310 Nitrogen, Ammonia Tc N) - Concentration (CC Nitrogen, Ammonia Tc N) - Concentration (C( Roy Lynch, Town Manager Town of Siler City PO Box 769 Siler City, NC 27344 NOR I'll CAROLINA Environmental Quality ROY COOPER Governor MICHAEL S. REGAN Secretary S. DANIEL SMITH Direciar Si Agent Addressei C. Date of Delivery Priority Mail Express® Registered Mall™ DJe^vStered Mail Restricte' HRetum Receipt for _ Merchandise « --------— —> I.WLIUI I ' Signature Confirmation Restricted Delivery 2. Article Number (Transfer from service label) .1? BLaa □□□□ ltsu . S Form 3811, July 2015 PSN 7530-02-000-9053 -5r ; Z ec = : i -■ - A review of the April 2020 Discharge Monitoring Report (DMR) for the subject facility revealed the violation(s) indicated below: 3. Service Type Adult Signature Adult Signature Restricted Delivery (/Certified Mail® Certified Mail Restricted Delivery Collect on Delivery Collect on Delivery Restricted Delivery Signature Confirmation™ sured Mail iured Mail Restricted Delivery —---------------------------- ■ Complete items 1,2, and 3. Nitrogen, Ammonia To ■ Print your name and address on the reverse N) - Concentration (CC so we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1 . Article ArlHraeoorT ROY LYNCH, TOWN MANAGFR TOWN OF SILFR CITY PO BOX 769 SILFR CITY, NC 27344 NOV 2020 LV-0472: NC0026441: SILER CITY WWTP CHATHAM COUNTY: NOV & INTENT TO ASSESS CP O6/L5/2O: MAILED. 06/18/20: ZHANG llllllllllllllllllllllllllllllllllllllllllil 9590 9402 3415 7227 6992 50 A. Sir xd B. Received by (Printed Name) *s deliveryeadress different from item 1? Yes If YES, enter delivery address below: No 'L PERMIT STATUS: ExpiredPERMIT VERSION: 5.0NPDES PERMIT NO.: NC002644I COUNTV: ChaihamCLASS: WW-4.FACILITY NAME: Siler City WWTP ORC CERT NUMBER: 1007288ORC: Brittany Nicole YorkOWNER NAME: Town of Siler City ORC H AS CH ANGED: NoGRADE: WW-4 STATUS: SubmittedVERSION: 2.0eDMR PERIOD: 04-2020 (April 2020) NO DISCHARGE*: NODISCHARGE NO.: 001SAMPLING LOCATION: EFFLUENT 0030031616(0530( Ohio((>3105006<»004000001050050 •=1 5 X week2 X week5 X week 2 X week2 X week5 X week5 X week5 X weekContinuous GrabGrabCompositeCompositeCompositeGrabGrabGrabInstantaneous 5 FCOI.I HR DOTSS-ConcNHJ-N -< unc< lil.ORINF.BOD-Com.'|>llTF.MF-CFLOW » IDOni I mg 1mg Iniglmg IuglHrsY/BA mgd deg c2400 clock1400 clock Hrs su •).245<2.5344< 106.92.96 18074524080024 3.5< 107.33.258 1824Y0745080024 9.210.5< 107.53.154 1724Y0745080024 2.97524N0745 2.53724N50745 8.811.1< 10207.62.66724Y0745080024 8.5- 2.5 < I108.1< 10207.53.02324Y2407450800 8.87.6< 10217.42.99624Y80745080024 8.16.78.3< 107.43.055 21Y074524080024 HHHIIII2.871Ntn074524 2.723NII074524 2 12324N120745 8.6<2.5- 0.5 82.9< 10217.63.73242407450800 8 i< 0 5< 107.5223 13414242407450800 8.8< I< 2.5< 10 6.4203.0421524Y2407450800 <0.5< 103.006 20Y24162407450800 8 8<0.5< 10207.42.965Y17240800240745 2.758N07452418 2.04724N190745 8.7< 0.5< 10203 639Y20240800240745 8.995<0.5< 107.5203.02224212407450800 8.5<0.5< 10202.5224Y222407450800 8.815<2.5<0.5< 10 2.5207.32.777Y23074524240800 8.9< 0.5< 107.32.59 20Y074524240800 2.6772524N0745 3.52624N260745 8.9<2.5 14<0.5< 107.3202.54Y27074524080024 8.8< 0.5< 107.22!2 95724Y282407450800 8.78<25<05< 107.52.937 20Y29242407450800 8.6<0.575< 10216.3021-4 Y300745240800 200Monthly Average Limit: 4 30 8.7619056.051681Monthly Average:0.5555562.576193 6222220203.017033 9.3Daily Maximum:45II.I8.30766.302 22 Daily Minimum:00006.9172.047 Discharge Monitoring Report - Copy Of Record (COR NC 002644l_Ver_2.0_4_2020.pdn I! II ! i I I i **** No Reporting Reason: ENFRUSE = No Flow-Reuse.Recycle; ENVWTHR = No Visitation - Adverse Weather; NOFLOW - No Flow; HOLIDAY No \ isitation Holiday PERMIT STATUS: ExpiredPERMIT VERSION: 5.0NPDES PERMIT NO.: NC0026441 COUNTY: ChathamCLASS: WW-4.FACILITY NAME: Siler City WWTP ORC CERT NUMBER: 1007288ORC: Brittany Nicole YorkOWNER NAME: Town of Siler City ORC HAS CHANGED: NoGRADE: WW-4 STATUS: SubmittedeDMR PERIOD: 04-2020 (April 2020)VERSION: 2.0 SUBMISSION DATE: 06 I 1/2020COMPLIANCE STATUS: Non-C'ompliant CONTACT PHONE #: 9197424581 2020-06-11 09:18:38.08Electronically Certified by Brittany N York on #:9I9-742-4581 DateYorkPhoneSignature: Brittany NORC/ Certifier I certify' that this report is accurate and complete to the best of my knowledge. NPDES permit. 2020-06-1 1 09:19:31.592Electronically Signed by Brittany N York on # : 9 1 9 - 742-4581 DatePhoneNYorkPermittee/Submitter Signature: knowing violations. CERTIFIED LABORATORIES LAB NAME: Siler City WWTP. Meritech. Inc. CERTIFIED LAB#: 132. 165 PERSON(s) COLLECTING SAMPLES: Richie Lineberry, Stephen Smith PARAMETER CODES Parameter Code assistance may be obtained by visiting https://deq.nc.gov/about/divisions/water-rcsources/edmr/user-documentation. FOOTNOTES .0506(b)(2)(D). Discharge Monitoring Report - Copy Of Record (COR_NC0026441_Ver_2.0_4_2020.pdf) The 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 within 5 days of the time the permittee becomes aware of the circumstances. The written submission shall be made as required by part II.E.6 of the Use only units of measurement designated in the reporting facility's NPDES permit for reporting data. * No Flow/Discharge From Site: YES indicates that No Flow. Discharge occurred and. as a result, no data is reported for any parameter on the DMR for the Pennittee Address: 370 Waste Treatment Plant Rd Siler City NC 27344 Permit Expiration Date: 05/31/2019 I certify', under penalty of 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 who 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. 1 am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for entire monitoring period. ** ORC on Site?: ORC must visit facility and document visitation of facility as required per ISA NCAC 8G .0204. *** Signature of Permittee: If signed by other than the permittee, then delegation of the signatory authority must be on file with the state per 15A NCAC 2B * * * B r i 11 a n y Permit Enforcement History Details by Owner Town of Siler CityOwner: ChathamCounty : MR 8/24/99$0.00 No$1,047.73$47.737/22/99 $1,000.00LV-1999-0276 1/10/00$0.00 No$1,297.73$47.7311/29/99$1.250.00LV-1999-0462 4/3/00$0.00 No$2,297.732/23/00 $2,250.00 $47.73LV-2000-0055 5/25/00$0.00 No$1,029.96$29.965/12/00 $1,000.00LV-2000-0136 10/9/00$0.00 No$1,029.96$29.96$1,000.009/7/00LV-2000-0385 10/18/0C$0.00 No$2,297.73$47.7310/5/00 $2,250.00LV-2000-0425 11/28/01$0.00 No$1,053.07$53.0710/30/01 $1,000.00LV-2001-0443 $0.00 No 1/7/02$303.07$53.0712/19/01 $250.00LV-2001-052C 12/2/03$0.00 No$544.00$44.0010/23/03$500.00LV-2003-0685 3-2003 12/2/03$0.00 No$2,044.0010/23/03$2.000.00 $44.00LV-2003-0686 4-2003 12/2/03$0.00 No$4,044.00$44.0010/23/03$4,000.00LV-2003-0687 8-2003 8/13/18$0.00 No$1,537.78$0.00$37.784/12/18 $1,500.00LV-2018-0075 5-2017 8/13/18$0.00 No$1,537.78$0.00$37.78LV-2018-0084 11-2017 4/13/18 $1,500.00 1/18/19$0.00 No$1,237.788/28/18 12/6/18 $300.00$0.00$37.78$1,500.008/8/18LV-2018-0193 1-2018 $1,241.69 No8/17/20 9/3/20 $300.00$0.00$41.69LV-2020-0127 11-2019 7/1/20 $1,500.00 $1,541.69 No8/12/20$0.00$41.697/14/20 $1,500.00LV-2020-0194 3-2020 Facility : Permit: Region : Case Number Siler City WWTP NC0026441 Raleigh Penalty Assessment Approved Penalty Enforcement Amount Costs Total Paid 10/8/2020 1 Balance Due Has Pmt Plan Case Closed Enf Conf Held Remission Request Damages ReceiVed Enf EMC Remission Hearing Amount Held EMC OAH Collection Remission Remission MemoSent Amount Amount To AGO Total Balance Due : $2,783.38Sum Of Total Paid:$21,302.32Total Enforcement Cost: $685.70Total Penalty Amount: $24,00016Total Cases: Total Penalties After Remissions : $24,085.70Sum of Total Case Penalties: $24,685.70 10/8/2020 2 MfilLFr July 1, 2020 SUBJECT: Dear Permittee: > I his letter transmits a Notice of Violation and assessment of civil penalty in the amount of S1,541.69 (SI,500.00 civil penalty + $41.69 enforcement costs) against Town of Siler City. This assessment is based upon the following facts: a review has been conducted of the Discharge Monitoring Report (DMR) submitted by 1 own of Siler City for the month of November 2019. This review has shown the subject facility to be in violation of the discharge limitations and/or monitoring requirements found in NPDES W Pennit No. NC0026441. The violations, which occurred in November 2019, are summarized in Attachment A to this letter. Roy Lynch, Town Manager Town of Siler City PO Box 769 Siler City, NC 27344 Certified Mail # 70172680000022368990 Return Receipt Requested Notice of Violation and Assessment of Civil Penalty for Violations of North Carolina General Statute (G.S.) 143-215.1(a)(6) and NPDES WW Permit No. NC0026441 Town of Siler City Siler City WWTP Case No. LV-2020-0127 Chatham County N: Ce ; R = i g- F eg : 2Z NOR HI CAROLINA Environmental Quality ROY COOPER Governor MICHAEL S. REGAN Secretary S. DANIEL SMITH Direciar : :e I Based upon the above tacts, I conclude as a matter of law that Town of Siler City violated the terms, conditions or requirements of NPDES WW Permit No. NC0026441 and G.S. 143-215.1(a)(6) 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 pennit required by G.S. 143-215.1(a). - r . i-zz: z ■ .•? | Jr I (1) I he degree and extent of harm to the natural resources of the State, to the public health, or to private property Within thirty (30) days of receipt of this notice, you must do one of the following: Option 1: Submit payment of the penalty: Wastewater Branch Division of Water Resources 1617 Mail Service Center Raleigh, North Carolina 27699-1617 (1) Submit payment of the penalty'. OR (2) Submit a written request for remission, OR (3) Submit a written request for an administrative hearing TOTAL CIVIL PENALTY Enforcement Costs TOTAL AMOUNT DUE of Siler City: $1.500.00 $1.500.00 $41,69 $1.541,69 or quality or on air quality : 1 of 1 violations of G.S. 143-215.1(a)(6) and Pennit No. NC0026441, by discharging waste water into the waters of the State in violation of the Permit Monthly Average for Cadmium. Total (as Cd) resulting from the violation: (2) The duration and gravity of the violation; (3) [ he effect on ground or surface water quantity (4) I he cost of rectify ing the damage; (5) The amount of money saved by noncompliance; (6) \\ hether the violation was committed willfully or intentionally; (7) The prioi record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and (8) I he cost to the State of the enforcement procedures. 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 Pay ment should be made directly to the order of the Department of Environmental Quality (do not include waiver form). Pay ment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). Please submit payment to the attention of: Pursuant to G.S. 143-2 15.6A(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: Both forms should be submitted to the following address: Option 2: request: Wastewater Branch Division of Water Resources 1617 Mail Service Center Raleigh. North Carolina 27699-1617 In order to request remission, you must complete and submit the enclosed "Request for Remission of Civil Penalties, Waiver ol Right to an Administrative Bearing, 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.” (1) w hether one or more of the civil penalty assessment factors in NCOS 143B-282.1(b) w as w rongfully 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 ci\ il 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 w riting. The Director of the Division of W ater Resources will review your evidence and inform you of his decision in the matter of your remission request. I he response w ill 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. Submit a written request for remission or mitigation including a detailed justification for such 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 civ il 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: The 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 ser\ed on DEQ as follows: Please indicate the case number (as found on page one of this letter) on the petition. Sincerely. ATTACHMENTS Cc: Failure to exercise one of the options above within thirty (30) days of receipt of this letter, as e\ idenced 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 (919) 791-4200 or via email at cheng.zhang@ncdenr.gov. Mr. William F. Lane. General Counsel Department of Environmental Quality 1601 Mail Sen ice Center Raleigh, North Carolina 27699-1601 Scott Vinson, 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 I learings 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 §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. WQS Raleigh Regional Office - Enforcement File NPDES Compliance/Enforcement Unit - Enforcement File Laserfiche 6714 Mail Service Center Raleigh. NC 27699 6714 Tel: (919)431-3000 Fax: (919)431-3100 Option 3: File a petition for an administrative hearing with the Office of Administrative Hearings: JUSTIFICATION FOR REMISSION REQUEST County: Chatham $1.541.69Amount Assessed: (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 (z.e., explain the steps that you took to correct the violation and prevent future occurrences); (a) one or more of the civil penalty assessment factors in N.C.G.S. 143 B-282.1 (b) were wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil penalty assessment document)'. (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). LV-2020-0127 Town of Siler City NC0026441 Please use this form when requesting remission of this civil penalty . You must also complete the "Request For Remission. Il aiver 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 y our 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 w hether 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. § 143 B-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). (c) the violation was inadvertent or a result of an accident (z.e., explain why the violation was unavoidable or something you could not prevent or prepare for); DEPARTMENT OF ENVIRONMENTAL QUALITYSTATE OF NORTH CAROLINA COUNTY OF CHATHAM LV-2020-0127CASE NO.PERMIT NO.NC0026441 20 day of Tliis the SIGNATURE ADDRESS TELEPHONE IN THE MATTER OF ASSESSMENT OF CIVIL PENALTIES AGAINST Town of Siler City Siler City WWTP Having been assessed civil penalties totaling SI.541.69 for violation(s) as set forth in the assessment document of the Division of Water Resources dated July 1,2020. 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. W AIVER OF RIGHT TO AN ADMINISTRATIVE HE ARING AND STIPULATION OF FACTS ) ) ) ) ) ) ) ATTACHMENT A Town of Siler City CASE NUMBER:LV-2020-0127 PERMIT:NC0026441 REGION: Raleigh FACILITY: Siler City WWTP COUNTY: Chatham LIMIT VIOLATION(S) SAMPLE LOCATION:Outfall 001 - Effluent Frequency 11/30/2019 Monthly ug/l 2.10 3 42.9 $1,500.00 Violation Date Unit of Measure Limit Value Monthly Average Exceeded Violation Type Penalty Amount Report Month/Yr Parameter 11-2019 Cadmium, Total (as Cd) Calculated % Over Value Limit Permit Enforcement History Details by Owner Town of Siler CityOwner: o/f ChathamCounty : DamagesMR $0.00 No 8/24/99$1,047.73$47.737/22/99 $1,000.00LV-1999-0278 $0.00 No 1/10/00$1,297.7311/29/99 $1,250.00 $47.73LV-1999-0462 $0.00 No 4/3/00$2,297.732/23/00 $2,250.00 $47.73LV-2000-0058 5/25/00$1,029.96 $0.00 No$29.96LV-2000-0138 5/12/00 $1,000.00 $0.00 No 10/9/00$1,029.96$1,000.00 $29.96LV-2000-0388 9/7/00 $0.00 No 10/18/0C$2,297.73$47.7310/5/00 $2,250.00LV-2000-0425 11/28/01$1,053.07 $0.00 No10/30/01 $1,000.00 $53.07LV-2001-0443 1/7/02$303.07 $0.00 No$53.07LV-2001-052C 12/19/01 $250.00 12/2/03$544.00 $0.00 No$44.00LV-2003-0688 3-2003 10/23/03$500.00 $2,044.00 $0.00 No 12/2/0310/23/03$2,000.00 $44.00LV-2003-0686 4-2003 $0.00 No 12/2/03$4,044.00$44.0010/23/03$4,000.00LV-2003-0687 8-2003 $0.00 No 8/13/18$1,537.78$37.78 $0.004/12/18 $1,500.00LV-2018-0078 5-2017 8/13/18$1,537.78 $0.00 No$0.00LV-2018-0084 11-2017 4/13/18 $1,500.00 $37.78 $1,237.78 $0.00 No 1/18/198/28/18 12/6/18 $300.00$37.78 $0.00$1,500.00LV-2018-0193 1-2018 8/8/18 Total Balance Due : SO.00Sum Of Total Paid:S21,302.32Total Enforcement Cost: $602.32Total Penalty Amount: $21,00014Total Cases: Total Penalties After Remissions : $21,302.32Sum of Total Case Penalties: $21,602.32 3/30/2020 1 Facility : Permit: Region : Case Number Penalty Assessment Approved Penalty Enforcement Amount Costs Remission Request Received Total Paid Balance Due Has Pmt Plan Case Closed Siler City WWTP NC0026441 Raleigh Enf Conf Held EMC Remission Amount Enf EMC Remission Hearing Amount Held OAH Collection Remission MemoSent Amount To AGO 1 NPDES PERMIT NO.: NC0026441 PERMIT VERSION: 5.0 PERMIT STATUS: Expired FACILITY NAME: Siler City WWTP CLASS: WW-4.COUNTY: Chatham OWNER NAME: Town of Siler City ORC: Brittany Nicole York ORC CERT NUMBER: 1007288 GRADE: WW-4 ORC HAS CHANGED: No eDMR PERIOD: 1 1-2019 (November 2019)VERSION: 2.0 STATUS: Submitted SAMPLING LOCATION: EFFLUENT DISCHARGE NO.: 001 NO DISCHARGE*: NO 50050 00011)00400 50060 CO310 <0610 <0530 31616 00300 Continuous 5 X week 5 X week 5 X week 2 X week 5 X week 2 X week 2 X week 5 X week GrabInstantaneous Grab Grab Composite Grab GrabCompositeComposite I5 ELOW lEMP-C PH CHLORINE BOD - Cone NH3-N - Cone TSS - Com-ECOL! BR DO 24011 clock Hrs 2400 clock Hrs Y B/N mgd deg c ug I mg I mg 1 mg I # 100ml mg 1su 0X00 24 Q-US 24 Y 3.464 22 7.2 < 10 < 0.5 6.9 0745 24 N 2.494 0745 24 N 2.123 0X00 24 0745 24 Y 2.213 21 7.4 < 10 < 0.5 20 X.5 0800 24 0745 24 Y 2.741 21 7.3 < 10 S.3<0.5 0800 24 0745 24 Y 2.638 7.121 < 10 2 < 0.5 2.5 16 9.4 0X(K)24 0745 24 2.707 21 7.3 < 10 < 0.5 7.3 X 0800 24 0745 24 Y 2.776 20 7.4 < 10 0.5 7.9 0745 24 N 2.311 ID O~45 24 N 1.522 II 0745 24 X 2.015 H II H H II II II H 12 0X00 24 0745 24 Y 4 1X3 19 72 < 10 <2 <0.5 <2.5 24 X.l 13 0X00 24 0745 24 Y 3.121 IX 7.3 < 10 0.5 X.l 14 0800 24 0745 24 Y 2.842 17 7.2 < 10 2.9 <0.5 <2.5 20 8.7 15 0800 074524 24 Y 3.094 17 < 10 <0.5 9.5 16 0745 24 N 2.719 17 0745 24 1.633 18 0800 24 0745 24 2.556 IX 7.3 < 10 <0.5 9.4 1»0X00 24 0745 24 Y 2.851 17 7.2 < 10 <2 0.5 <2.5 10 9.5 2<>0800 24 0700 24 Y 18 <0.5 10.32.722 7.2 < 10 21 0800 24 0745 24 Y 2.636 18 7.1 <0.5 <2.5 9 7< 10 16 22 0800 24 0745 24 Y 2.721 IX 7.3 < 10 <0.5 9.4 23 0745 24 X 3.637 24 0745 X24 3.292 25 0X00 24 9.30'45 24 Y 2.629 17 7.3 < 10 <0.5 2.5 12 26 0800 24 0745 24 Y 2.76 17 <0.5 9.17.3 10 27 240X00 0745 24 Y 2 792 17 7.2 < 0.5 <2.5 15 X.6< 10 <2 28 0X00 24 0745 24 X 2.545 H H H II H HHH 19 0800 24 0745 24 X 2.382 H H H H H HHH 30 0745 24 N 2.716 Monthly Average Limit:2 3010 200 Monthly Average:2.6945 18.722222 0.3625 0 0 16.059165 8.7777780 Daily Maximum: 4.183 22 24 10.37.4 0 2.9 0 0 Daily Minimum: 10 6.91.522 17 7.1 0 0 0 0 Discharge Monitoring Report - Copy Of Record (COR NC0026441 Ver_2.0_l l_2019.pdf) ! 5I i i ■1 II I i i No Reporting Reason: ENFRUSE = No Flow-Reuse/Recycle; ENVWTHR = No Visitation - Adverse Weather; NOFLOW - No Flow; HOLIDAY = No Visitation - Holiday NPDES PERMIT NO.: NC0026441 PERMIT VERSION: 5.0 PERMIT STATUS: Expired FACILITY NAME: Siler City WWTP CLASS: WW-4.COUNTY: Chatham OWNER NAME: Town of Siler City ORC: Brittany Nicole York ORC CERT NUMBER: 1007288 GRADE: WW-4 ORC HAS CHANGED: No eDMR PERIOD: 1 1-2019 [November 2019)VERSION: 2.0 S I'ATI'S: Submitted SAMPLING LOCATION: EFFLUENT DISCHARGE NO.: 001 NO DISCHARGE*: NO (Continue) QY600 CO600 QM600 CO665 01027 82220 00630 00625 01002 00940 01034 i Annually Wcckh Monthly Weekly Monthly Monthly Weekly Weekly Calculated Composite Calculated Composite CalculatedComposite Composite Composite Composite Composite Composite 1 TOTAL X -TOTAL X -TOTAL X -TOTAL f-< \l>Mll M rot flow XO2&XO3 rot kjel As-TOTAL CHLORIDE Cr-TOTAL 2400 dock Hrs 2400 dock Hrs Y B/X lbs yr mg I lb/mon mg I mgal nionth mg Iug I mg I mg I mg.l mgl 0X00 24 0745 24 Y 2 0745 24 N 0745 24 N 0X00 24 0745 24 Y 36.9 0.06 31.6 5 > 5 0S00 24 0745 24 Y 0X00 24 0745 24 0X00 24 0745 24 Y 0800 24 0745 24 Y 0745 24 N Hi 0745 24 N 11 0745 24 N 12 0X00 24 0745 24 Y 39 0.0S 33 6 13 0X00 24 0745 24 Y 14 0800 24 0745 24 Y 15 0800 24 0745 24 Y 16 0745 24 N 17 0745 24 N IX 0X00 24 0745 24 Y 19 0X00 24240745 Y 32.4 0.05 2X.2 3.7 2i>0X00 24 0700 24 Y 21 0X00 24 0745 24 Y 22 OX<X>24 240745 Y 23 0745 24 N 24 240745 N 25 0X00 24 0745 24 Y 23.X 0.0X 20.7 3.1 26 0X00 24 0745 24 Y 27 0X00 24 0745 24 Y 28 0X1X1 24 0745 24 N 29 0745080024 24 N 30 0745 24 N 22264,24 146627.1 80.835 Monthly Average Limit:2.1 Month!) Average: 22264.24 33.025 146627.1 28.375 4.5250.0675 3 80.835 Daily Maximum: 22264.24 39 146627.1 O.OX 3 80.835 33 6 Daily Minimum: 22264 24 23.8 146627,1 XI).835 20,7 3.10.05 Discharge Monitoring Report - Copy Of Record (COR_NC002644I_Ver_2.D_l l_2019.pdf) i § II i! I i i i ***• No Reporting Reason: ENFRL'SE = No Flow-Reuse/Recycle; ENVWTHR - No Visitation - Adverse Weather; NOFLOW = No Flow; HOLIDAY = No Visitation - Holiday PERMIT STATUS: ExpiredNPDES PERMIT NO.: NC0026441 PERMIT VERSION: 5.0 COUNTY: ChathamFACILITY NAME: Siler City WWTP CLASS: WW-4. ORC CERT NUMBER: 1007288ORC: Brittany Nicole YorkOWNER NAME: Town of Siler City ORC HAS CHANGED: NoGRADE: WW-4 STATUS: SubmittedeDMR PERIOD: 1 1-2019 (November 2019)V ERSION: 2.0 NO DISCHARGE*: NO (Continue)DISCHARGE NO.: 001SAMPLING LOCATION: EFFLUENT 01092 SC0ICOMERrGP3B0114701042010510HI6201067 1 Cumposue CompositeCompositeCompositeCompositeCompositeGrabCompositeComposite 1 Sc-TOTAL ZINC ANN POL SCANNICKELCERJ7DPFCOPPERLEADMERCLIR3 -MOLY Hrs 2400 dock Hrs Y UN mg I yes-1 np-Q2400 clock mg/1 ng I mg I pass tail mg Img I mg'I (1X00 24 0745 24 Y 0745 24 N 3 0745 24 N 0X00 24 Q-LtS 24 Y 5 0X00 24 0745 24 Y 0X00 24 0745 24 Y 0X00 24 0745 24 Y 24 0745 24 Y0X00 0745 24 N Hi 0745 24 N II 240745 N 12 24 0745 24 Y0X00 13 0X00 24 0745 24 Y 14 0X00 24 0745 24 Y 15 0X00 24 0745 24 Y 16 0745 24 N 17 0745 24 N IX Y0X0024074524 19 24 YOXIMI240~45 20 0700 24 Y0X0024 21 24 Y0X00240745 22 0745 24 Y0X0024 23 0745 24 N 24 0745 24 N 25 24 (>745 24 Y0X1 Hl 26 0X00 24 0745 24 Y 27 24 1)745 240X00 2S 24 0745 24 N0X00 29 240S00240745 30 0745 24 Monthly Average Limit: Monthly Average: Daily Maximum: Daily Minimum: Discharge Monitoring Report - Copy Of Record (COR_NC002644l_Ver_2.0_ll_2019.pd0 I 1 1 I 1 I I !I 1 **** No Reporting Reason: ENFRUSE = No Flow-Reuse/Recycle; ENVWTHR = No Visitation - Adverse Weather: NOFLOW No Flow. HOLIDAY No Visitation - Holiday S PERMIT STATUS: ExpiredXPDES PERMIT NO.: NC0026441 PERMIT VERSION: 5.0 COUNTY: ChathamFAC IE IT Y NAME: Siler City WWTP CLASS: WW-4. ORC CERT NUMBER: 1007288ORC: Brittany Nicole YorkOWNER NAME: Town of Siler City ORC HAS CHANGED: NoGRADE: WW-4 STATUS: SubmittedeDMR PERIOD: 11-2019 (November 2019)VERSION: 2.0 DISCHARGE NO.: 001SAMPLING LOCATION: INFLUENT CO665QY600QM600<0530 00(110 00400 <0600CO3I0 2 X week2 X week Composite CompositeCompositeCompositeCompositeGrabGrabCompositeComposite As-TOTALTOTAL P - ConeTOT AL N -TOT AL N - QI)TOTAL N - QtyBOD - Cone TSS-Conc TEMP-C pH mg I mg'IHrslbs yr lb'mon2400mg 1mg I mg 1 deg e su 7.3IQ080024 2 230 284 22080024 5 7.121080024 62 21 7.2080024266 7.322080024 22 73080024 ID 11 HOLIDAY 12 18 7.125286080024 13 19 7.2080024 7.31422113219080024 15 19 7.2240800 16 17 18 18 7240800 269 72 18 7.1080024 20 IS 7.1080024 21 6.924212018080024 7.119080024 23 24 25 104 102 IS 7080024 7.126ISosoo24 7272148818240800 28 HOLIDAY 20 HOLIDAY 30 Monthly \veragc Limit: Monthly Average:19224 75 118.25 Daily Maximum: 7326928422 Daily Minimum: 62 18 6.9104 Discharge Monitoring Report - Copy Of Record (COR_NC0026441_Vcr_2.0_ll_2019.pdf) - £i ! I 1 i **** No Reporting Reason: ENFRUSE = No Flow-Reuse/Recycle; ENVWTHR = No Visitation - Adverse Weather; NOFLOW - No Flow. HOLIDAY = No Visitation - Holiday PERMIT STATUS: Expired\PDES PERMIT NO.: NC0026441 PERMIT VERSION: 5.0 COUNTY: ChathamFACILITY NAME: Siler City WWTP CLASS: WW-4. ORC CERT NUMBER: 1007288ORC: Brittany Nicole YorkOWNER NAME: Town of Siler City GRADE: WW-4 ORC HAS CHANGED: No STATUS: SubmittedeDMR PERIOD: 11-2019 (November 2019)V ERSION: 2.0 DISCHARGE NO.: 001 (Continue)SAMPLING LOCATION: INFLUENT 0114700630006’5COMER0106’01067010’7 01034 0104’0105100040* Composite Composite Composite CompositeCompositeCompositeCompositeCompositeCompositeCompositeComposite TOT KJEL Se-TOTAINICKELNO’ANO3MERCURY -MOLYCADMll M CHLORIDE Ci-KtlAL COPPER LEAD mg Img 1 mg 124110ltrsng I mg I mg Img I mg I mg 1 mg Iug 1 0X00 24 3 0X00 24 0X00 24 6 0800 24 0X00 24 240X00 io II HOLIDAY 12 0X00 24 13 0X00 24 14 0X00 24 15 0X00 24 16 17 IS 0X00 24 19 0X00 24 20 0800 24 21 0800 24 22 0X00 24 23 24 0X00 24 26 0800 24 27 0X00 24 28 HOLIDAY 29 HOLIDAY 30 Monthly Average l imit: Monthly Average: Daily Maximum: Daily Minimum: Discharge Monitoring Report - Copy Of Record (COR_N’C0026441_Ver_2.0_l l_2019.pdf) 1 1 ( 1 ! c 1 j *•** No Reporting Reason: ENFRUSE = No Flow-Reuse/Recycle; ENVWTHR No Visitation - Adverse Weather; NOFLOW = No Flow; HOLIDAY = No Visitation - Holiday PERMIT STATUS: ExpiredPERMIT VERSION: 5.0NPDES PERMIT NO.: NC0026441 COUNTY: ChathamFACILITY NAME: Siler Cit> WWTP CLASS: WW-4. ORC CERT NUMBER: 1007288ORC: Brittany Nicole YorkOWNER NAME: Town of Siler City ORC HAS CHANGED: NoGRADE: WW-4 STATUS: SubmittedVERSION: 2.0eDMR PERIOD: 11-2019 (November 2019) DISCHARGE NO.: 001 (Continue)SAMPLING LOCATION: INFLUENT 01092 Composite 1 ZINC Hrs’400 mg I osoo 24 240800 5 240800 0800 24 0800 24 H 0800 24 10 II HOLIDAY 12 0800 24 13 0800 24 14 0800 24 15 240800 16 17 IS 0800 24 19 0800 24 20 0800 24 21 240800 22 0800 24 23 24 25 0800 24 26 240800 27 0800 24 28 HOLIDAY 29 HOLIDAY 30 Monthly Average Limit: Monthly Average: Dully Maximum: Daily Minimum: Discharge Monitoring Report - Copy Of Record (COR_NC0026441_V er_2.0_l l_2019.pdf) ii j 1 I **•* No Reporting Reason: ENFRUSE = No Flow-Reuse/Recycle; ENVWTHR - No Visitation - Adverse Weather; NOFLOW = No Flow; HOLIDAY - No Visitation - Holiday PERMIT STATUS: ExpiredPERMIT VERSION. 5 0NPDES PERMIT NO.: NC0026441 COUNTY: ChathamCLASS: WW-4.FACILITY NAME: Siler City WWTP ORC CERT NUMBER: 1007288ORC: Brittany Nicole YorkOWNER NAME: Town of Siler City ORC H AS CHANGED: NoGRADE: WW-4 STATUS: SubmittedV ERSION: 2.0eDMR PERIOD: 1 1-2019 (November 2019) SUBMISSION DATE: 06 11 2020CONTACT PHONE #: 9197424581COMPLIANCE STATUS: Non-Compliant 2020-06-11 09:25:43.703 Date#:919-742-4581PhoneNYorkORC/Certifier I certify that this report is accurate and complete to the best of my knowledge. 2020-06-11 09:26:18.632 Date#:919-742-4581PhoneYorkNP e r m i 11 e e / S u b m i 11 e r knowing violations. CERTIFIED LABORATORIES LAB NAME: Siler City Waste Water Treatment Plant. Meritech. Inc. PARAMETER CODES gov-about- divisions/water-rcsources/cdmr/user-documentation. FOOTNOTES .0506(b)(2)(D). Discharge Monitoring Report - Copy Of Record (COR_NC0026441_\ er_2.0_ll_2019.pdf) Electronically Certified by Brittany N York on Signature:Brittany CERTIFIED LAB #: 132. 165 PERSON(s) COLLECTING SAMPLES: Richie Lineberry. Stephen Smith. Dwayne Parnell, Bobbie Hill that potentially threatens public health or the environment. of the circumstances. A written submission shall also be Parameter Code assistance may be obtained by visiting https://deq.nc.. The permittee shall report to the Director or the appropriate Regional Office any noncompliance Any information shall be provided orally within 24 hours from the time the permittee became aware provided within 5 days of the time the permittee becomes aware of the circumstances. The written submission shall be made as required by part II.E.6 of the NPDES permit. Use only units of measurement designated in the reporting facility's NPDES permit for reporting data. * No Flow/Discharge From Site: YES indicates that No Flow Discharge occurred and. as a result, no data is reported for any parameter on the DMR for the entire monitoring period. ** ORC on Site?: ORC must visit facility and document visitation of facility as required per 15A NCAC 8G .0204. *** Signature of Permittee: If signed by other than the permittee, then delegation of the signatory authority must be on file with the state per 15A NC AC 2B Permittee Address: 370 Waste Treatment Plant Rd Siler City NC 27344 Pennit Expiration Date: 05/31/2019 I certify, under penalty of 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 who managed the system, or those persons directly responsible for gathering the information, the infonnation 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 ***Brittany Electronically Signed by Brittany N York on Signature: k PERMIT STATUS: ExpiredPERMIT VERSION: 5.0NPDES PERMIT NO.: NC0026441 COUNTY: ChathamCLASS: WW-4.FACILITY NAME: Siler City WWTP ORC CERT NUMBER: 1007288ORC: Brittany Nicole YorkOWNER NAME: Town of Siler City ORC HAS CH ANGED: NoGRADE: WW-4 STATUS: SubmittedVERSION: 2.0eDMR PERIOD: 11-2019 (November 2019) the system. Pump was down briefly, ordered parts and replaced tubing. Pump Report Comments: In violation of Cadmium- Sample date 11 4 2019 ( Result - 3.0 ug. 1 ) ( Limit - 2.1 ug/l I Due to mechanical issues with our polymer pump that we use to remove cadmium from was back online within 2 days of problem accruing. July 14, 2020 Dear Permittee: Parameter Date 001 Effluent 5/23/2020 7.5 10 001 Effluent 400 5,280.02 Weekly Geometric Mean Exceeded 001 Effluent 5/30/2020 3 3.82 Weekly Average Exceeded 001 Effluent 5/31/2020 5 5.53 Monthly Average Exceeded 001 Effluent 5/31/2020 1 1.47 Monthly Average Exceeded Ci ‘ SUBJECT: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY Tracking Number: NOV-2020-LV-0533 Permit No. NC0026441 Siler City V/WTP Chatham County Limit Value Roy Lynch, Town Manager Town of Siler City PO Box 769 Siler City, NC 27344 Certified Mail # 70163560000044287199 Return Receipt Requested BOD, 5-Day (20 Deg. C) - Concentration (CO310) Coliform, Fecal MF, MFC Broth, 5/23/2020 44.5 C (31616) Nitrogen, Ammonia Total (as N) - Concentration (COS 10) BOD, 5-Day (20 Deg. C) - Concentration (CO310) Nitrogen, Ammonia Total (as N) - Concentration (CO610) NOR Hl CAHCijriA . Enviran^vmal Quality ROY COOPER Ca'.i’ttw MICHAEL 5 REGAN ictary S. DANIEL SMITH ©»»»•< Limit Exceedance Violation(s): Sample Location ? £3, = A review of the May 2020 Discharge Monitoring Report (DMR) for the subject facility revealed the violation(s) indicated below: Reported Value Type of Violation Weekly Average Exceeded 1 Sincerely, Cc: Remedial actions should have already been taken to correct this problem and prevent further occurrences in the future. The Division of Water Resources may pursue enforcement action for this and any additional violations of State law. If the violations are of a continuing nature, not related to operation and/or maintenance problems, and you anticipate remedial construction activities, then you may wish to consider applying for a Special Order by Consent. Reminder: Pursuant to Permit Condition 6 in Section E, the Permittee is required to verbally notify the Regional Office as soon as possible, not to exceed 24 hours, from first knowledge of any non-compliance at the facility including limit violations, bypasses of, or failure of a treatment unit. A written report may be required within 5 days if directed by Division staff. Prior notice should be given for anticipated or potential problems due to planned maintenance activities, taking units off-line, etc. If you have any questions concerning this matter or to apply for an SOC, please contact Cheng Zhang of the Raleigh Regional Office at 919-791-4200. WQS Raleigh Regional Office - Enforcement File NPDES Compliance/Enforcement Unit - Enforcement File laserfiche •s.: :u : •= If you wish to provide additional information regarding the noted violation, request technical assistance, or discuss overall compliance please respond in writing within ten (10) business days after receipt of this Notice. A review of your response will be considered a-ong with any information provided on the submitted Monitoring Report(s). You will then be notified of any civil penalties that may be assessed regarding the violations. If no response is received in this Office within the 10-day period, a civil penalty assessment may be prepared. A Notice of Violation/Intent to Issue Civil Penalty is being issued for the noted violation of North Carolina General Statute (G.S.) 143-215.1 and the facility's NPDES WW Permit. Pursuant to G.S. 143-215.6A, a civil penalty of not more than twenty-five thousand dollars ($25,000.00) may be assessed 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. .4 Vanessa E. Manuel, Assistant Regional Supervisor Water Quality Regional Operations Section Raleigh Regional Office Division of Water Resources, NCDEQ r July 14, 2020 Dear Permittee: or on the front if space permits. Limit Exceedance Violation(s): IParameter 001 Effluent 001 Effluent □□□ 4426001 Effluent Domestic Return Recei; 001 Effluent Monthly Average Exceeded 001 Effluent 5/31/2020 Monthly Average Exceeded11.47 COMPLETE THIS SECTION ON DELIVERYSENDER: COMPLETE THIS SECTION Sample Location BOD, 5-Day (20 Deg. Concentration (CO31C Nitrogen, Ammonia Total (as N) - Concentration (CO610) ROY LYNCH, TOWN MANAGER TOWN OF SILER CITY RO BOX 769 SILER CITY NC 27344 NOV & INTENT TO ASSESS CP NOV-2020-LV-0533 NC0026441 SILEFt CITY WWTP 7/14/20 MAILED 7/15/20 ZHANG LJOR 111 CAF’Ol INA Environmental Quality Roy Lynch, Town Manager Town of Siler City PO Box 769 Siler City, NC 27344 Certified Mail # 70163560000044287199 Return Receipt Requested Coliform, Fecal MF, Ml 44.5 C (31616) ROY COOPER Co-, er nor MICHAEL S. REGAN Secretary S. DANIEL SMITH Dir velar |i|l■llg||||||||lllllw■lll 9590 9402 3411 7227 5744 38 -------------------rn.----------e—■ 35b0 3. Service Type Adult Signature Adult Signature Restricted Delivery g Certitied Mail® B Certified Mail Restricted Delivery Collect on Delivery- ---------j De|ivery Restricted Delivery -i lail 1 _ ail Restricted Delivery [ (over ^500) ? Yes No SUBJECT: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY Tracking Number: NOV-2020-LV-0533 Permit No. NC0026441 Siler City WWTP Chatham County Priority Mall Express® Registered Mail™ Registered Mail Restric. Delivery TTfieturn Receipt for Merchandise Signature Confirmation Signature Confirmation Restricted Delivery Nitrogen, Ammonia Tc N) - Concentration (CC ps Form 381 -j, Ju)y 2015 psN7530-02-000-9053 BOD, 5-Day (20 Deg. C) - 5/31/2020 5 5?53 Concentration (CO310) ■ Complete items 1,2, and 3. ■ Print your name and address on the reverse so that we can return the card to you. A review Of the May 2020 Discharge F ■ Attach this card to the back of the mailpiece, indicated below: _ °ron thefront if spat*perm—--------------- A. Signature x - B. Received by (Printed Name) I 24 D. (s delivery address different from item 1. If YES, enter delivery address below: / NPDES PERMIT NO.: NC0026441 PERMIT VERSION: 5.0 PERMIT STATUS: Expired FACILITY NAME: Siler City WWTP CLASS: WW-4.COUNTS: Chatham OWNER NAME: Town of Siler City ORC: Brittany Nicole York ORC CERT NUMBER: 1007288 GRADE: WW-4 ORC H AS CH ANGED: No eDMR PERIOD: 05-2020 (May 2020)VERSION: 2.0 STATUS: Submitted SAMPLING LOCATION: EFFLUENT DISCHARGE NO.: 001 NO DISCHARGE*: NO 50050 0001(1 0IMO0 50UMI C 031II CO610 CO530 31616 00300 1 Continuous 5 X week 5 X week 5 X week 2 X week 2 X week 5 X week5 X w eek 2 X week Instanuneous Grab Grab Grab Composite Comp'site tirab GrabComposite 1 FLOW TF.MP-C pH CHLORINE B< >D - Cone NH3-N - Cone TSS - Cone FCOL1 BR 0(3 2400 elock Hr*2400 clock Hri BN mgd lice c = 100ml mg I-■e !mg I nig I mg Isu 0X00 24 0745 24 Y 4 029 IS 7 -< 10 9.5 0745 24 N 2.X89 0X00 24 0745 24 N 2.419 < 0.5 0X00 24 0745 24 Y 2.797 21 7.5 < 10 <0.5 X.3 0X00 24 0745 3.133 21 7.6 < 10 2.9 <0.5 <2.5 X.6 07450X0024 24 Y 3.038 22 7.6 < 10 0.73 8.5 0X00 24 0745 Y 2967 21 7.5 < 10 5 4 1.9 <2.5 9.1 H 240X00 0745 24 Y 2.921 X.9217.6 < 10 1.9 >>0745 24 N 2 797 io 0745 24 206 II 0X00 24 0745 24 Y 2.476 20 < 2.5 107.6 < 10 3.3 0.5 8.9 12 0X00 24 0745 24 3 012 21 7.6 < 10 <0.5 8.9 13 0X00 24 0745 24 3 046 8.8207.6 <10 2 9 <0.5 <2 5 10 14 0X00 24 0745 24 Y 3.006 21 7.4 < 10 < 0 5 9.2 0800 24 0745 2.952 21 7.3 < 10 4.3 - 0.5 X.X 16 1)745 N 2 4X4 17 0740 4 N 2.104 4 ■ 0.5 IX 0X00 24 0745 Y 2.543 8.87.6 < 10 <0.5 19 0800 24 0745 4 Y 4.08X 22 <0.5 2.5 23 8.87.5 < 10 4.2 20 0800 074524 4 6.173 20 7.5 < 10 <0 5 9 21 0X00 24 0745 4 8,005 • 80000 8.7Y197.3 < 10 21.8 5 16 22 0800 24 0745 N 6.873 19 4.8 80000 96.9 < 10 0745 4 4 193N 0745 24 X 3.257 25 N H0745245.83 H H H H 11 HH 26 24 21 7.3 4.2 52 9.708000745243.869 < 10 7.X 3.2 27 0800 24 0745 24 22 <0.5 9.15.0X1 7.5 < 10 28 0800 24 0745 24 5.622 22 7.2 < 10 42 1.7 3.2 94 8.8 29 8.4080024074524Y5 814 22 7.4 < 10 10 4 311 0745 24 N 5.747 31 0745 24 N 4014 Month!) Avcraee l.hnit:311 2IH)5 Monthly Average:80,62173 8.893.846419 20.8 0 5.527273 1.469545 2.925 Pally Maillnum:8(8)00 9.78.005 7.6 0 21.8 10.4 16 Dally Minimum:0 I2.06 IX 6.9 0 No Reporting Reason: F.NFRUSE = No Flow-Reuse/Recycle; ENVWTHR = No Visitation - Adverse Weather. NOFLOW - No Flow; HOLIDAY = No Visitation Holiday• »»» Discharge Monitoring Report - Copy Of Record (COR .NC0026441_Ver_2.0_5_2020.pdf) II I I II1 !I1I PERMIT STATUS: ExpiredNPDES PERMIT NO.: NC0026441 PERMIT VERSION: 5.0 COUNTY: ChathamFACILITY N AME: Siler City WWTP CLASS: WW-4. ORC CERT NUMBER: 1007288OWNER NAME: Town of Siler City ORC: Brittany Nicole York GRADE: WW-4 ORC HAS CHANGED: No STATUS: SubmittedeDMR PERIOD: 05-2020 (May 2020)VERSION: 2.0 SAMPLING LOCATION: EFFLUENT NO DISCHARGE*: NO (Continue)DISCHARGE NO.: 001 CO665 006’5 0100’00940 01034QM600< 0600 Q3 600 01027 02’20 00630 WeeklyMonthlyWeeklyAnnuallyWeeklyMonthlyMonthlyWeekly CompositeCompositeCompositeCompositeCompositeI. omposite Calculated Composite Composite (.omposite Composite 1i TOT KJ F l As-TOTAI.CHLORIDE Cr-TOTAITOTAL N -TOTAI. N -TOTAL N -TOTAI. P -CADMIl M TOT FLOW NO2&NO3 1400 clock Hn 2400 clock Hrs ABN me I mg I mg Ilb. mon mg. I lbs yr me i ug I meal month mg 1 mg. I 24 0745 24 Y0800 0745 N 0800 24 0745 N 0800 24 0745 24 Y 5 0800 24 0745 24 Y 0.04 3.8 1.65.4 0800 24 0745 24 0800 24 0745 0.6 3.5 8 1)800 24 0745 Y 0745 N to 0745 N II 0800 24 0745 8.8 0.05 8.1 0.73 12 0800 24 0745 I.'0800 24 0745 Y 78 6.4 1.4 14 0800 24 0745 Y 15 240800 0745 Y 16 0745 4 N 17 0740 4 N 18 0800 24 0745 4 Y 19 0800 24 0745 4 8.6 1.50.5 0.06 21)1)800 24 0745 4 21 0800 24 0745 4 Y I 1.6 9.3 22 0800 24 0745 N 0745 4 N 24 0745 4 N 25 0745 4 N 26 0800 24 0745 4 Y 6.8 0.16 4.8 27 0800 24 0745 4 Y 28 0800 24 0745 Y 0.72 29 0800 24 0745 4 Y 311 1)745 N 31 0745 4 N 7197 355 42589.75 I 19239 Monthly Average Limit: Munfhh Average: 197.355 7.23’5 42589,75 0.0775 0 119 239 4,065 3.25375 Daily Maximum: 7197.355 42589.75 <1.16 0 119,239 8.6 9.311.6 Daily Minimum: 7197.355 42589.75 0.04 0 119 239 0.73 Discharge Monitoring Report - Copy Of Record (COR_NC0026441_\ er_2.0_5_2(I20.pdD I i I ! )1 I I **** No Reporting Reason: ENFRUSE = No Flow-Reuse Recycle: ENVWTHR = No Visitation Adverse Weather. NOFLOW = No Flow: HOLIDAY = No Visitation - Holiday NPDES PERMIT NO.: NC0026441 PERMIT VERSION: 5.0 PERMIT STATUS: Expired FACILITY NAME: Siler City WWTP CLASS: WW-4.COUNTY: Chatham OWNER NAME: Town of Siler City ORC: Brittany Nicole York ORC CERT NUMBER: 1007288 GRADE: WW-4 ORC HAS CHANGED: No eDMR PERIOD: 05-2020 (May 2020)VERSION: 2.0 STATUS: Submitted SAMPLING LOCATION: EFFLUENT DISCHARGE NO.: 001 NO DISCHARGE*: NO (Continue) 0IIM2 OIOS I COMER 01062 01067 TGP3B 01147 01092 NC0I i Composite Composin'Grab Composite Composite Composite Composite Composite Composite ii COPPER I t Al)MERCI RY -Se-TOTAI.ZINC ANN POI. SC ANMOLANIC KE I.CERI7DPF 2400 clock HlA 2400 clock Hrs \ B N nig 1 me I ng I me I p.l--s fail mg I mg Img I yes=l no-O 0X00 24 0745 24 Y 0745 24 N 0800 24 0745 N 0800 24 0745 24 Y 0800 24 0745 24 Y 6 0800 24 0745 Y 0800 24 0745 24 Y S'0800 24 0745 24 0745 24 N in 0745 N It 0800 24 0745 24 Y 0800 24 0745 24 Y 13 0800 24 0745 24 Y 14 0800 24 0745 24 0800 24 0745 4 16 0745 4 N 0740 4 N 18 0800 24 0745 19 0800 24 0745 4 5 2(1 0800 24 0745 4 Y 21 0800 24 0745 4 22 0800 24 0745 N 23 0745 4 N 24 0745 24 N 0745 N24 26 0800 24 0745 24 Y 21 0800 074524 24 Y 28 0800 24 0745 Y 29 0800 24 0745 Y 30 0745 N 31 0745 4 N Monthly .Average Limit: Monthh Average: Dad) Maximum: Dail) Minimum: No Reporting Reason: ENFRUSE = No Flow-Reuse/Recycle: ENVWTHR = No Visitation - Adverse Weather; NOFLOW - No Flow; HOLIDAY = No Visitation - Holiday Discharge Monitoring Report - Copy Of Record (COR_NC0026441_Ver_2.0_5_2020.pdf) iI I i ! i i I J I NPDES PERMIT NO.: NC002644I PERMIT VERSION: 5.0 PERMIT STATUS: Expired FACILITY N AME: Siler City WWTP CLASS: WW-4.COUNTY: Chatham OWNER NAME: Town of Siler City ORC: Brittany Nieole York ORC CERT NUMBER: 1007288 GRADE: WW-4 ORC H AS C HANGED: No eDMR PERIOD: 05-2020 (May 2020)VERSION: 2.0 STATUS: Submitted SAMPLING LOCATION: INFLUENT DISCHARGE NO.: 001 (0310 (0530 00010 00400 CO600 QM600 600 (0665 01002 i 2 X week 2 X week Composite Composite Grab Grab Composite Composite Composite Composite Composite 1 BOD - Cone TSS - ( one TEMl’-(P»l TOTALN-TOTAL X - Qty TOTAL X - Qty TOTAL P - Cone A»-TOTAL 2400 Hr,mg I mg I 'lee c mg I lb. mon lbs, yr me I mg Isu I 0800 24 IS b.7 240800 144 0800 24 22 7.1 5 0800 24 259 152 21 6.7 0800 24 21 7.2 0800 24 269 120 20 7.1 H 0800 24 20 10 II 0800 24 193 292 20 IJ 0800 24 20 13 0800 24 250 88 20 14 0800 24 20 15 0800 24 267 20 6 6 16 17 235 is 0800 24 22 6.9 19 0800 24 294 230 6 9 ’ll 0800 24 20 6.9 21 0800 24 119 87 19 6.8 22 08(H)24 19 6.5 24 H H 26 0800 24 121 188 21 6.7 27 0800 24 21 72 28 0800 24 156 92 21 6.8 29 0800 24 20 6.7 30 31 Monthly Average l.imif: Monthly Average: 209.727273 156 125 20.35 Daily Maximum:294 292 22 7.2 Daily Minimum:119 IS 6.5 No Reporting Reason: ENFRUSE - No Flow-Reuse Recycle; ENVWTHR = No Visitation - Adverse Weather; NOFLOW = No Flow; HOLIDAY = No Visitation Holiday Discharge Monitoring Report - Cops Of Record (COR NC002644I Ver_2.0_5_2020.pdf) I I I 1I NPDES PERMIT NO.: NC002644I PERMIT VERSION: 5.0 PERMIT STATUS: Expired FACILITY NAME: Siler City WWTP CLASS: WW-4.COUNTY: Chatham OWNER NAME: Town of Siler City ORC: Brittany Nicole York ORC CERT NUMBER: 1007288 GRADE: WW-4 ORC H AS CH ANGED: No eDMR PERIOD: 05-2020 (May 2020)V ERSION: 2.0 STATUS: Submitted SAMPLING LOCATION: INFLUENT DISCHARGE NO.: 001 (Continue) 01027 ill 034 01147009400104201051COMER01062010670063000625 CompositeComposite Composite Composite Composite Composite Composite Composite Composite Composite Composite 1 CADMIUM CHLORIDE Cr-TOTAL COPPER LEAD MERCI RY-MOLY MIKEL TOT KJEL Se-TOTAL 24011 Hrs Ugl nig I nig I nig I mg I nig Inig I mg I mg I ng I mg I 0800 24 3 0800 24 0800 24 0800 24 240800 0800 24 8 0800 24 10 II 0800 24 12 0800 24 13 0800 24 240800 15 0800 24 16 17 IS 0800 24 19 0800 24 20 0800 24 0800 24 08011 24 23 25 26 0800 24 27 0800 24 28 0800 24 29 0800 24 30 31 Monthly Average Limit: Montlih Average: Daily Maviinum: Daily Minimuni: Discharge Monitoring Report - Copy Of Record (COR_NC()026441_Ver_2.0 5_2020.pdf) I■I 1 1 ! **** No Reporting Reason: ENFRUSE = No Flow-Reuse/Recycle; ENVWTHR = No Visitation - Adverse Weather; NOFLOW = No Flow; HOLIDAY = No Visitation - Holiday NPDES PERMIT NO.: NC002644I PERMIT V ERSION: 5.0 PERMIT STATE’S: Expired FACILITY NAME: Siler City WWTP COUNTY: ChathamCLASS: WW-4. OWNER NAME: Toun of Siler City ORC: Brittany Nieole York ORC CERT NUMBER: 1007288 GRADE: WW-4 ORC H AS CHANGED: No eDMR PERIOD: 05-2020 (May 2020)STATUS: SubmittedVERSION: 2.0 SAMPLING LOCATION: INFLUENT DISCHARGE NO.: 001 (Continue) 01092 Composite 1 Z.IM 24<H>Hr*mg I 0X00 24 240X00 0X00 24 0X00 24 0X00 24 0X00 24 0X00 24 H) II 0X00 24 0X00 24 13 0X00 24 14 0X00 24 0X00 24 16 17 IX 0X00 24 19 0X00 24 20 0X00 24 21 0X00 24 22 0X00 24 23 26 0X00 24 27 0X00 24 28 0X00 24 29 0X00 24 30 31 Monthly Average Limit: Mimthlx Average: Daily Maximum: Daily Minimum: No Reporting Reason: ENFRUSE = No Flow-Reuse Recycle; ENVWTHR - No Visitation Adverse Weather: NOFLOW = No Flow; HOLIDAY = No Visitation - Holiday Discharge Monitoring Report - Copy Of Record (COR_NC002644I_Ver_2.0_5_2020.pdf) !II I 1 NPDES PERMIT NO.: NC002644I PERMIT STATUS: ExpiredPERMIT VERSION: 5.0 FACILITY NAME: Siler City WWTP CLASS: WW-4.COL NT'S': Chatham OWNER NAME: Town of Siler City ORC: Brittany Nicole York ORC CERT NUMBER: 1007288 GRADE: WW-4 ORC HAS CHANGED: No eDMR PERIOD: 05-2020 (May 2020)VERSION: 2.0 STATUS: Submitted COMPLIANCE STATUS: Non-Compliant CONTACT PHONE #: 9197424581 SUBMISSION DATE: 07 07 2020 Electronically Certified by Brittany N York 2020-07-07 10:46:49.758on O R C / C e r t i f i e r Signature:Brittany N York Phone #:9l9-742-458l Date I certify that this report is accurate and complete to the best of my knowledge. NPDES permit. 2020-07-07 10:47:38.835 Permittce/Submitter * * *Phone #:919-742-4581 DateNYork Permit Expiration Date: 05'3.1/2019 1 certify', under penalty of 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 submined. Based on my inquiry of the person or persons who managed the CERTIFIED LABORATORIES LAB NAME: Siler City WWTP. Meritcch. Inc. CERTIFIED LAB #: 132. 165 PERSON(s) COLLECTING SAMPLES: Richie Lineberry. Stephen Smith PARAMETER CODES Parameter Code assistance may be obtained by visiting https://deq.nc.gov/about. divisions vvater-resources edmr user-documentation. FOOTNOTES entire monitoring period. .0506(b)(2)(D). Discharge Monitoring Report - Copy Of Record (COR_NC0026441_Ver_2.0_5_2020.pdf) The 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 within 5 days of the time the permittee becomes aware of the circumstances. The written submission shall be made as required by part II.E.6 of 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. 1 am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations. Signature: ***Brittany Permittee Address: 370 Waste Treatment Plant Rd Siler City NC 27344 Use only units of measurement designated in the reporting facility's NPDES permit for reporting data. * No Flow/Discharge From Site: YES indicates that No Flow Discharge occurred and. as a result, no data is reported for any parameter on the DMR for the ** ORC on Site?: ORC must visit facility and document visitation of facility as required per 15A NCAC 8G .0204. *** Signature of Permittee: If signed by other than the permittee, then delegation of the signatory authority must be on file with the state per 15A NCAC 2B Electronically Signed by Brittany N York on NPDES PERMIT NO.: NC002644I PERMIT STATUS: ExpiredPERMIT VERSION: 5.0 FACILITY NAME: Siler City WWTP COUNTY: ChathamCLASS: WW-4. ORC CERT NUMBER: 1007288OWNER NAME: Town of Siler City ORC: Brittany Nieolc York GRADE: WW-4 ORC H AS CHANGED: No STATUS: SubmittedeDMR PERIOD: 05-2020 (May 2020)VERSION: 2.0 Report Comments: Week #4 BOD 10 mg'l putting us over our limit of 7.5 mg I Monthly BOD = 5.5 mg 1 putting us over our monthly limit of 5.0 mg 1 Week # 5 NH3-N = 3.8 mg'l over our weekly limit of 3.0 mg/1 NH3-N monthly 1.4 putting us over our monthly limit of 1.0 mg 1 After making corrcetions of Feeal week #4 we were over our weekly limit of 400 with a reported amount of 5.280 Sinee we were experiencing these issues: on 6 17 2020, we consulted with Kin Ferrall from Maryland Biochemical (our bug consultant) about our treatment proeess and the condition of our plant. We went over lab results and sludge characteristics for the past couple of months. Based on this information it was his assumption that we could have had a high load of carbon source in the plant potentially bound up in the return sludge, causing our plant process to not be as efficient. We increased our wasting in hopes of removing the high carbon sludge. We also investigated outside sources. However . around 6 21 - 6 22 the plant seemed to be slowly recovering from the upset. The plant began to return back to normal results. It is believed this high carbon load could have been a contributing factor for the past few violations. Permit Enforcement History Details by Owner Town of Siler CityOwner: ChathamCounty : DamagesMR $0.00 No 8/24/99$1,047.73$47.73LV-1999-0276 7/22/99 $1,000.00 1/10/00$1,297.73 $0.00 No$47.7311/29/99 $1,250.00LV-1999-0462 $2,297.73 $0.00 No 4/3/002/23/00 $2,250.00 $47.73LV-2000-0055 $0.00 No 5/25/00$1,029.96$29.96LV-2000-0136 5/12/00 $1,000.00 $0.00 No 10/9/00$1,029.96$1,000.00 $29.96LV-2000-0385 9/7/00 10/18/06$2,297.73 $0.00 No$47.7310/5/00 $2,250.00LV-2000-0425 11/28/01$1,053.07 $0.00 No$53.0710/30/01 $1,000.00LV-2001-0443 $0.00 No 1/7/02$303.07$53.0712/19/01 $250.00LV-2001-052C $544.00 $0.00 No 12/2/0310/23/03$500.00 $44.00LV-2003-068E 3-2003 12/2/03$2,044.00 $0.00 No$44.0010/23/03$2,000.00LV-2003-0686 4-2003 12/2/03$4,044.00 $0.00 NoLV-2003-0687 8-2003 10/23/03$4,000.00 $44.00 $0.00 No 8/13/18$1,537.78$0.004/12/18 $1,500.00 $37.78LV-2018-0075 5-2017 $0.00 No 8/13/18$1,537.78$0.00$37.78LV-2018-0084 11-2017 4/13/18 $1,500.00 $0.00 No 1/18/19$1,237.78$300.00$0.00 8/28/18 12/6/188/8/18 $1,500.00 $37.78LV-2018-0193 1-2018 $1,241.69 No$300.008/17/20 9/3/20$41.69 $0.00LV-2020-0127 11-2019 7/1/20 $1,500.00 $1,541.69 No$0.00 8/12/207/14/20 $1,500.00 $41.69LV-2020-0194 3-2020 Facility : Permit: Region : Balance DueCase Number Penalty Assessment Approved Penalty Enforcement Amount Costs Remission Request Received Total Paid Has Pmt Plan Case Closed Siler City WWTP NC0026441 Raleigh Enf Conf Held EMC Remission Amount 10/15/2020 1 3 /< Enf EMC Remission Hearing Amount Held OAH Collection Remission MemoSent Amount To AGO $2,541.69 No$0.0010/12/20$2,500.00 $41.69LV-2020-0292 4-2020 Total Balance Due : $5,325.07Sum Of Total Paid:$21,302.32Total Enforcement Cost: $727.39Total Penalty Amount: $26,50017Total Cases: Total Penalties After Remissions : $26,627.39Sum of Total Case Penalties: $27,227.39 10/15/2020 2 July 15, 2020 SUBJECT: Dear Permittee: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of SI,541.69 (SI.500.00 civil penalty + $41.69 enforcement costs) against Town of Siler City. This assessment is based upon the following facts: a review has been conducted of the Discharge Monitoring Report (DMR) submitted by Town of Siler City for the month of March 2020. This review has shown the subject facility to be in violation of the discharge limitations and/or monitoring requirements found in NPDES WW Permit No. NC0026441. The violations, which occurred in March 2020, are summarized in Attachment A to this letter. Certified Mail # 70163560000044287250 Return Receipt Requested Roy Lynch, Town Manager Town of Siler City PO Box 769 Siler City, NC 27344 Notice of Violation and Assessment of Civil Penalty for Violations of North Carolina General Statute (G.S.) 143-215.1(a)(6) and NPDES WW Permit No. NC0026441 Town of Siler City Siler City WWTP Case No. LV-2020-0194 Chatham County N:;=•: a e g' ec a ---i'x E' , '• a 2^ := 2 Ea a" Z ROY COOPER Ctr.frr.or MICHAEL S. REGAN Secretary S. DANIEL SMITH Director Based upon the above facts, 1 conclude as a matter of law that Town of Siler City violated the terms, conditions or requirements of NPDES WAX' Permit No. NC0026441 and G.S. 143-215.1(a)(6) 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 pennit required by G.S. 143-215.1(a). ^ZDEQ s' = ' = Zz: .v - NORTH CAROl INA Environmental Quality SI,500.00 TOTAL CIVIL PENALTY Enforcement Costs TOTAL AMOUNT DUE (7) Within thirty (30) days of receipt of this notice, you must do one of the following: Option 1: Submit payment of the penalty: Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty 1 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: 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: (1) Submit payment of the penalty, OR (2) Submit a written request for remission, OR (3) Submit a written request for an administrative hearing Wastewater Branch Division of Water Resources 1617 Mail Service Center Raleigh, North Carolina 27699-1617 SI,500.00 $41.69 $1,541,69 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, Vanessa E. Manuel, Assistant Regional Supervisor, Raleigh Regional Office hereby make the following civil penalty assessment against Town of Siler City: 1 of 1 violations of G.S. 143-215.1(a)(6) and Permit No. NC0026441, by discharging waste water into the waters of the State in violation of the Permit Monthly Average for Nitrogen, Ammonia Total (as N) - Concentration (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; 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. Both forms should be submitted to the following address: Wastewater 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: (1) whether one or more of the civil penalty assessment factors in NCOS 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 ot the civil penalty will prevent payment for the remaining necessary remedial actions. In order to request remission, you must complete and submit the enclosed "Request for Remission of Civil Penalties, Waiver ot Right to an Administrative Hearing, and Stipulation of Facts” form within thirty (30) days of receipt of this notice. 1 he Division ot W'ater Resources also requests that you complete and submit the enclosed ''Justification for Remission Request.” Please note that all evidence presented in support of your request for remission must be submitted in writing. The Director ot the Division ot 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. 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 ot the amount ot the civil penalty assessed. Requesting remission is not the proper procedure tor 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 tactual 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: The 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. Sincerely, 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 (919) 791-4200 or via email at cheng.zhang@ncdenr.gov. WQS Raleigh Regional Office - Enforcement File NPDES Compliance/Enforcement Unit - Enforcement File Laserfiche Mr. William F. Lane, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh. North Carolina 27699-1601 Vanessa E. Manuel, Assistant 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 tiled 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 §150B-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: (919)431-3000 Fax: (919)431-3100 Option 3: File a petition for an administrative hearing with the Office of Administrative Hearings: JUSTIFICATION FOR REMISSION REQUEST County: Chatham Amount Assessed:SI.541.69 (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 (z.e., explain the steps that you took to correct the violation and prevent future occurrences); (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)'. (c) the violation was inadvertent or a result of an accident (z.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 necessary to achieve compliance). LV-2020-0194 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. 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). STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY COUNTY OF CHATHAM PERMIT NO. NC0026441 CASE NO.LV-2020-0194 This the day of 20 SIGNATURE ADDRESS TELEPHONE i IN THE MATTER OF ASSESSMENT OF CIVIL PENALTIES AGAINST ) ) ) ) ) ) ) WAIVER OE RIGHT TO AN ADMINISTRATIX E HEARING AND STIPULATION OF FACTS Town of Siler City Siler City WWTP Having been assessed civil penalties totaling $1,541.69 for violation(s) as set forth in the assessment document of the Division of Water Resources dated July 15, 2020, 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. ATTACHMENT A Town of Siler City CASE NUMBER:LV-2020-0194 REGION: RaleighPERMIT:NC0026441 COUNTY: ChathamFACILITY: Siler City WWTP LIMIT VIOLATIONS) SAMPLE LOCATION:Outfall 001 - Effluent Frequency $1,500.0040.33/31/2020 5 X week mg/l 2 2.813-2020 Violation Date Nitrogen, Ammonia Total (as N) - Concentration Unit of Measure Limit Value Calculated % Over Value Limit Monthly Average Exceeded Violation Type Penalty Amount Report Month/Yr Parameter DIVISION OF WATER RESOl RCES - CIVIL PENALTY ASSESSMENT ASSESSMENT FACTORS No known damage to environment, public health or private property 2) The duration and gravity of the violation; One monthly average exceeded for ammonia. Not documented. 4) The cost of rectifying the damage; Not documented. 5) I he amount of money saved by noncompliance; It is not believed that any money was saved by these violations. 6) Whether the violation was committed willfully or intentionally; It is not believed that the violations were committed intentionally. There has been one CPA in the past year. 8) I he cost to the State of the enforcement procedures. 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; 3) The effect on ground or surface water quantity or quality or on air quality; 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 \ anessa E. Manuel, Assistant Regional Supervisor W ater Quality Regional Operations Section Raleigh Regional Office Division of Water Resources, NCDEQ Violator: Tow n of Siler Citv Facility Name: Siler Citv WM TP Permit Number: NC0026441 County: Chatham Case Number: LV-2020-0194 S41.69 .^4 7^7^ ' Date 1 ol211/05/20Report Date:PageMONITORING REPORT(MR) VIOLATIONS for: Major Minor: % REGION: RaleighCOUNTY: ChathamFACILITY: Town of Siler City - Siler City WWTPNC0026441PERMIT: Limit Violation VIOLATION ACTIONVIOLATION TYPEFREQUENCYLIMITPARAMETEROUTFALLLOCATION Penalty Retracted7.5 9.304/11/20 2 X week mg/l 8.2Effluent04-2020 001 mg/l 7.5 10 33.305/23/20 2 X weekEffluent05-2020 001 mg/l 10.52 X week 5 5.53Effluent05/31/2005-2020 001 Proceed to NOV115.606/06/20 2 X week mg/l 7.5 16.17Effluent06-2020 001 Proceed to NOVmg/l 7.5 92.706/13/20 2 X week 14.45Effluent06-2020 001 Proceed to NOV7.5 27.106/27/20 2 X week mg/l 9.53Effluent06-2020 001 Proceed to NOVmg/l 130.206/30/20 2 X week 5 11.51Effluent00106-2020 Proceed to NOVmg/l 7.5 10.8 4407/04/20 2 X weekEffluent07-2020 001 42.9ug/l 2.1 3Cadmium, Total (as Cd)11/30/19 MonthlyEffluent11-2019 001 #/100ml 400 5,280.02 1.220.005/23/20 2 X weekEffluent05-2020 001 Proceed to NOD0.702/29/20 5 X week mg/l 2 2.01Effluent02-2020 001 00103-2020 mg/l 2.81 40.303/31/20 25 X weekEffluent mg/l 3 8 166.704/04/20 5 X weekEffluent04-2020 001 mg/l 3 8.85 19504/11/20 5 X weekEffluent04-2020 001 5 X week mg/l 1 2.58 157.604/30/20Effluent04-2020 001 Violation Category:% Subbasin: % Permit: nc0026441 Facility Name:e MRs Betweei 4 - 2019 and 9 - 2020 Param Name% Region: Raleigh County: % Program Category: NPDES WW Violation Action: % MONITORING REPORT Nitrogen, Ammonia Total (as N) - Concentration Nitrogen. Ammonia Total (as N) - Concentration Nitrogen, Ammonia Total (as N) - Concentration Nitrogen, Ammonia Total (as N) - Concentration Nitrogen, Ammonia Total (as N) - Concentration BOD, 5-Day (20 Deg.C)- Concentration BOD, 5-Day (20 Deg.C)- Concentration BOD, 5-Day (20 Deg. C)- Concentration BOD, 5-Day (20 Deg. C) - Concentration BOD, 5-Day (20 Deg. C) - Concentration BOD, 5-Day (20 Deg. C) - Concentration BOD, 5-Day (20 Deg. C) - Concentration BOD, 5-Day (20 Deg. C)- Concentration Coliform. Fecal MF, MFC Broth. 44.5 C VIOLATION DATE UNIT OF MEASURE CALCULATED VALUE Weekly Geometric Mean Exceeded Monthly Average Exceeded Monthly Average Exceeded Monthly Average Exceeded Monthly Average Exceeded Monthly Average Exceeded Monthly Average Exceeded Weekly Average Exceeded Weekly Average Exceeded Weekly Average Exceeded Weekly Average Exceeded Weekly Average Exceeded Weekly Average Exceeded Weekly Average Exceeded Weekly Average Exceeded Proceed to Enforcement Case Proceed to Enforcement Case Proceed to Enforcement Case Proceed to Enforcement Case Proceed to Enforcement Case Proceed to Enforcement Case Proceed to Enforcement Case Proceed to Enforcement Case % Over 2 of 211/05/20 PageReport Date:MONITORING REPORT(MR) VIOLATIONS for: Permit: nc0026441 Facility Name: ' Major Minor: % REGION: RaleighCOUNTY: ChathamFACILITY: Town of Siler City - Siler City WWTPNC0026441PERMIT: Limit Violation VIOLATION ACTIONVIOLATION TYPELIMITFREQUENCYPARAMETEROUTFALLLOCATION 27.5mg/l 3 3.825 X week05/30/20Effluent05-2020 001 47.011.47mg/l05/31/20 5 X weekEffluent05-2020 001 Proceed to NOV156.737.7mg/l5 X week06/06/20Effluent06-2020 001 Proceed to NOV118.736.56mg/l06/13/20 5 X weekEffluent06-2020 001 Proceed to NOV2033.6mg/l5 X week06/27/20Effluent00106-2020 Proceed to NOV380.74.81mg/l 15 X week06/30/20Effluent00106-2020 Proceed to NOV40.834.22mg/l5 X week07/04/20Effluent07-2020 001 Monitoring Violation VIOLATION ACTIONVIOLATION TYPELIMITFREQUENCYPARAMETERLOCATIONOUTFALL Proceed to NOVFrequency ViolationContinuousmgd06/15/19Effluent06-2019 001 Proceed to NOVFrequency ViolationMonthlymgal/month05/31/19Effluent00105-2019 Proceed to NOVFrequency Violationmgal/monthMonthly06/30/19Flow, TotalEffluent00106-2019 Proceed to NOVFrequency ViolationMonthlyIb/mon05/31/19Effluent00105-2019 Proceed to NOVFrequency ViolationIb/mon06/30/19 MonthlyEffluent06-2019 001 MONITORING REPORT MONITORING REPORT MRs Betweei 4 - 2019 and 9 - 2020 Param Namt% Nitrogen, Ammonia Total (as N) - Concentration Nitrogen, Ammonia Total (as N) - Concentration Nitrogen, Ammonia Total (as N) - Concentration Nitrogen, Ammonia Total (as N) - Concentration Nitrogen. Ammonia Total (as N) - Concentration Nitrogen, Ammonia Total (as N) - Concentration Nitrogen, Ammonia Total (as N) - Concentration Nitrogen. Total - Quantity (Monthly) Nitrogen, Total - Quantity (Monthly) Flow, in conduit or thru treatment plant Flow, Total Region: Raleigh County: % VIOLATION DATE VIOLATION DATE UNIT OF MEASURE UNIT OF MEASURE Violation Category: Subbasin: CALCULATED VALUE CALCULATED VALUE Program Category: NPDES WW Violation Action: % Monthly Average Exceeded Weekly Average Exceeded Weekly Average Exceeded Monthly Average Exceeded Weekly Average Exceeded Weekly Average Exceeded Weekly Average Exceeded Proceed to Enforcement Case Proceed to Enforcement Case % Over % Over July 15, 2020 SUBJECT: Dear Permittee: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of SI,541.69 (SI,500.00 civil penalty + S41.69 enforcement costs) against Town of Siler City. Certified Mail # 70163560000044287250 Return Receipt Requested Notice of Violation and Assessment of Civil Penalty for Violations of North Carolina General Statute (G.S.) 143-215.1(a)(6) and NPDES WW Pennit No. NC0026441 Town of Siler City Siler City WWTP Case No. LV-2020-0194 Chatham County- Roy Lynch, Town Manager Town of Siler City PO Box 769 Siler City, NC 27344 NOttn I CAROLINA Environmental Quality ROY COOPER Governor MICHAEL S. REGAN Secretary S. DANIEL SMITH Direelor i ? Based upon the above facts, I conclude as a matter of law that Town of Siler City violated the terms, conditions or requirements of NPDES WW Permit No. NC0026441 and G.S. 143-215.1(a)(6) 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). This assessment is based upon the following facts: a review has been conducted of the Discharge Monitoring Report (DMR) submitted by 1 own ol Siler City for the month of March 2020. This review has shown the subject facility to be in violation of the discharge limitations and/or monitoring requirements found in NPDES WW Permit No. NC0026441. The violations, which occurred in March 2020, are summarized in Attachment A to this letter. 8 I r • ' . jwt f-v 7^ SI.500.00 TOTAL AMOUNT DUE Within thirty (30) days of receipt of this notice, you must do one of the following: Option 1: Submit payment of the penalty: 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) Submit payment of the penalty, OR (2) Submit a written request for remission. OR (3) Submit a written request for an administrative hearing TOTAL CIVTL PENALTY Enforcement Costs Wastewater Branch Division of Water Resources 1617 Mail Service Center Raleigh, North Carolina 27699-1617 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: $1,500.00 $41,69 $1.541.69 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, Vanessa E. Manuel, Assistant Regional Supervisor, Raleigh Regional Office hereby make the following civil penalty assessment against Town of Siler City: 1 of 1 violations of G.S. 143-215.1(a)(6) and Pemiit No. NC0026441, by discharging waste water into the waters of the State in violation of the Pemiit Monthly Average for Nitrogen, Ammonia Total (as N) - Concentration (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. Both forms should be submitted to the following address: 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: 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.__1 he Division of Water Resources also requests that you complete and submit the enclosed "Justification for Remission Request." (1) whether one or more of the civil penalty assessment factors in NCOS 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. 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 tor 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: The 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. Sincerely, 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 (919) 791-4200 or via email at cheng.zhanga ncdenr.gov. Mr. William F. Lane, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, North Carolina 27699-1601 Vanessa E. Manuel, Assistant Regional Supervisor Water Quality Regional Operations Section Raleigh Regional Office Division of Water Resources, NCDEQ 6714 Mail Service Center Raleigh. NC 27699 6714 Tel: (919)431-3000 Fax: (919)431-3100 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 §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. WQS Raleigh Regional Office - Enforcement File NPDES Compliance/Enforccment Unit - Enforcement File Laserfiche 7/ ( Option 3: File a petition for an administrative hearing with the Office of Administrative Hearings: I JUSTIFICATION FOR REMISSION REQUEST County: Chatham $1,541.69Amount Assessed: (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 (i.e., explain the steps that you took to correct the violation and prevent future occurrences): (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); (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions (i.e., explain hov payment of the civil penalty will prevent you from performing the activities necessary to achieve compliance). (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): LV-2020-0194 Town of Siler City NC0026441 Please use this form when requesting remission ol this civil penalty. You must also complete the "Request For Remission, IVaiver 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). STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALI TY COUNTY OF CHATHAM PERMIT NO. NC0026441 CASE NO.LV-2020-0194 This the day of , 20 SIGNATURE .ADDRESS TELEPHONE IN THE MATTER OF ASSESSMENT OF CIVIL PENALTIES AGAINST Town of Siler City Siler City WWTP ) ) ) ) ) ) ) WAI\ ER OF RIGHT TO AN ADMINISTRATB E HEARING AND STIPULATION OF FACTS Having been assessed civil penalties totaling SI ,541.69 tor violation(s) as set forth in the assessment document of the Division ot Water Resources dated July 15, 2020, 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. 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 W'ater 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-2020-0194 NC0026441PERMIT:REGION: Raleigh FACILITY: Siler City WWTP COUNTY: Chatham LIMIT VIOLATION(S) SAMPLE LOCATION:Outfall 001 - Effluent Frequency 3/31/2020 3-2020 5 X week $1,500.00mg/l 2 2.81 40.3 Penalty Amount Violation Date Nitrogen, Ammonia Total (as N) - Concentration Unit of Measure Limit Value Calculated % Over Value Limit Monthly Average Exceeded Violation Type Report Month/Yr Parameter AUG 1 2 ZiBi August 3, 2020 Raleigh, NC 27699-1617 With Best Regards, Scott Vinson, Regional Supervisor Raleigh Regional Office Division of Water Resources, NCDEQ. 1617 Mail Service Center Dear Sir, This letter is a request for remission of civil penalties assessed to the Town of Siler City for Permit violations as stated in Case No. LV-2O2O-O194. Justification for remission Request: Roy Lynch 'Town Manager rlynch@silercity.org Phone: 919-742-4731 • Fax: 919-663-3874 wvvw.silcrcity.org Subject: Notice of Violation and Assessment of Civil Penalty For violation of North Carolina General Statute (G.S.) 143-215.1(a)(6) And NPDES WW Permit No. NC0026441 Town of Siler City WWTP Case No. LV-2020-0194 Chatham County (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); (1) These Ammonia spikes were due to extended hold times on sludge caused by an extremely wet season not allowing us to land apply. We are working closely with our sludge hauler to get this problem resolved. Roy Lynch Town Manager PO Box 769 • 311 N Second Avenue Siler City, NC 27344-0769 {Doliin of Siler City Town Manager's Office WED CDEQ/DWR/NPDES ■Il Si ll K Anox FOR RLMISSIOS RF.Qfl-S'l County: Chatham Amount Assessed: $1.541.69 X (d) the violator had not been assessed civil penalties for any previous violations; EXFLAN CHON: Case Number: Assessed Party: Permit No.: (a) one or more of the ci\ il penalty assessment factors in N.I G.S. 143B-2S2.1 (b) were wrongfully applied to the detriment of the petitioner (flic assessTnenf factors are listed in rhe civil penalty assessment document); (b) the violator promptly abated continuing en\ ironrnental 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 (/ e., explain why the violation w<z.v unavoidable or something you could not prevent or prepare fori: (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions (i.c . explain how payment of the civil penalty will prevent you from performing the activities necessary to achieve compliance/. IA-2020-0194 Town of Siler City NC0026441 Please use this form when requesting remission of this civil penally. You must also complete the "Rcui.tc.st For Remission. Waiver of Right to an Administrative Hearing, and Stipulation of facts'' form to request remission ot this civil penally. 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 aw are that a request for remission is limited to consideration oi 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 v, hether the v iolationts) occurred or the accuracy of any o! the tactual statements contained in the civil penally assessment document. Pursuant to N.C.G.S. § 143B-2-S2.1(c). remission of a civil penally may be granted only when one or more of the following fix e factors apply. Please check each factor that you believe applies to your case and prov ide a detailed explanation, including copies of supporting documents, as to why the factor applies (attach additional pages as needed). ST A n- OF NORTII CAROLINA DEPARTMENI OF F.NV IRON MENTAL QUALIFY COUNTY OF CHATHAM PERMIT NO. NC0026441 CASE NO.I A -2020-0194 I 'I 3 2o,aQThis the day of SIGNATURE REC ADDRESS 1ELEPHONE IN THE MATTER ()F ASSESSMENT OF CIVIL PENALTIES AGAINST ) ) ) ) 1 ) WAIVER OF RICH I TO AN ADMINISTRATIV E HEARING AND STIPULATION OF FACTS Fou n of Siler City Siler City WWTP 7^3 ncoeqt VED Having been assessed eivil penalties totaling SI .541,69 for violation(s) as set forth in the assessment document of the Division of Water Resources dated July 15, 2020. 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. I he undersigned further understands that all e\ idence presented in support of remission of this civil penally must be submitted to the Director of the Di v ision of VV ater 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. U.K1 i <C>. 7 ATTACHMENT A Town of Siler City CASE NUMBER: LV-2020-0194 REGION: RaleighNC0026441PERMIT: COUNTY: ChathamFACILITY: Siler City WWTP LIMIT VIOLATION(S) Outfall 001 - EffluentSAMPLE LOCATION: Frequency $1,500.0040.32.81 mg/l 25 X week3-20203/31/2020 Violation Date Nitrogen, Ammonia Total (as N) - Concentration Unit of Measure Limit Value Monthly Average Exceeded Violation Type Penalty Amount Report Month/Yr Parameter Calculated % Over Value Limit AUb iwn * Raleigh Rev i < > imj Of) j v c byork@silercity.org Phone:919-742-2939 www.silercity.org Subject: NOTICE OF VOLATION Tracking Number: NOV-2020-LV-0533 Permit No. NC0026441 Town of Siler City WWTP Chatham County July 22,2020 ATTN: Vanessa E. Manuel, Assistant Regional Supervisor Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Brittany York WWTP Superintendent PO Box 769 •SUN Second Avenue Siler City, NC 27344-0769 Eft.. HC Dept of Environmental Quality SiC&i Public works and Utilities Dear Vanessa E. Manuel, This letter is in response to the Notice of Violation issued on July 14,2020 for the following violations • Exceeding weekly average of B0D,5-Day on 5/23/2020. Limit value = 7.5 mg/l Reported value = 10 mg/l • Exceeding weekly geometric mean for Coliform, Fecal MF on 5/23/2020 Limit value = 400 Reported value 5,280.02 • Exceeding weekly average Nitrogen, Ammonia Total (as N) on 5/30/2020 Limit value = 3mg/l Reported value = 3.82 • Exceeding monthly average BOD, 5-Day on 5/31/2020 Limit value = 5 mg/l Reported value = 5.53 mg/l • Exceeding monthly average of Nitrogen, Ammonia Total (as N) 5/31/2020 Limit value = 1 mg/l Reported value = 1.47 mg/l It is believed that these violations are a continuous situation that we have experienced for the past few months. A combination of things could be the reason these violations accrued, including high flow events, holding onto sludge longer due to not being able to land apply due to the wet season, and a potential high load of carbon interfering with our treatment process. We have had Synagro here the end of June beginning of July. While here they were able to haul and land apply 900,000 gals. We have wasted as much as our storage allows us to in hopes of improving our treatment process. The plant seems to be responding well since we have been able to waste more, we are beginning to see more normal results within the past few weeks. If you have any questions, please do not hesitate to contact me. Sincere|v- Town of Siler City WWTP rj J Brittany York - WWTP Superintendent Cc: Roy Lynch Town Manager, Chris McCorquodale Public Works & Utility Director A w AUb i >M?n w 9 Subject: NOTICE OF VOCATION Tracking Number: NOV-2020-LV-0533 Permit No. NCOO26441 Town of Siler City WWTP Chatham County 6 byork@silercity.org Phone:919-742-2939 mvw^ilercity.org IEU- of Environ mental Quality Brittany York VV1VTP Superintendent PO Box 769 • 311 N Second Avenue Siler City, NC 27344-0769 July 22,2020 ATTN: Vanessa E. Manuel, Assistant Regional Supervisor Division of Water Quality 1517 Mail Service Center Raleigh, NC 27599-1617 Kaleigh Rc> n (a l*T Hl t7<MM S<£&1 Public works and Utilities Dear Vanessa E. Manuel, This letter is in response to the Notice of Violation issued on July 14,2020 for the following violations Exceeding weekly average of BOD,5 Day on 5/23/2020 Limit value = 7.5 mg/l Reported value = 10 mg/l Exceeding weekly geometric mean for Coliform, Fecal MF on 5/23/2020 Limit value = 400 Reported value 5,280.02 Exceeding weekly average Nitrogen, Ammonia Total (as N) on 5/30/2020 Limit value = 3mg/l Reported value = 3.82 Exceeding monthly average BOD, 5-Day on 5/31/2020 Limit value - 5 mg/l Reported value = 5.53 mg/l Exceeding monthly average of Nitrogen, Ammonia Total (as N) 5/31/2020 Limit value = 1 mg/l Reported value = 1.47 mg/l It is believed that these violations are a continuous situation that we have experienced for the past few months. A combination of things could be the reason these violations accrued, including high flow events, holding onto sludge longer due to not being able to land apply due to the wet season, and a potential high load of carbon interfering with our treatment process. We have had Synagro here the end of June beginning of July. While here they were able to haul and land apply 900,000 gals. We have wasted as much as our storage allows us to in hopes of improving our treatment process. The plant seems to be responding well since we have been able to waste more, we are beginning to see more normal results within the past few weeks. If you have any questions, please do not hesitate to contact me. Sincerely, Town of Siler City WWTP Brittany York - WWTP Superintendent Cc: Roy Lynch Town Manager, Chris McCorquodale Public Works & Utility Director i I October 12, 2020 SUBJECT: Dear Permittee: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $2,541.69 ($2,500.00 civil penalty + $41.69 enforcement costs) against Town of Siler City . Certified Mail # 70170190000095698633 Return Receipt Requested NORTH CAROLINA Environmental Quality Roy Lynch, Town Manager Town of Siler City PO Box 769 Siler City, NC 27344 Notice of Violation and Assessment of Civil Penalty for Violations of North Carolina General Statute (G.S.) 143-215.1(a)(6) and NPDES WW Permit No. NC0026441 Town of Siler City Siler City' WWTP Case No. LV-2020-0292 Chatham County ROY COOPER Covernor MICHAEL S. REGAN Secretary S. DANIEL SMITH Director Based upon the above facts, I conclude as a matter of law that Town of Siler City violated the terms, conditions or requirements of NPDES WW Permit No. NC0026441 and G.S. 143-215.1(a)(6) 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). This assessment is based upon the following facts: a review has been conducted of the Discharge Monitoring Report (DMR) submitted by 1 own of Siler City’ for the month of April 2020. This review has shown the subject facility to be in violation of the discharge limitations and/or monitoring requirements found in NPDES WAV' Permit No. NC0026441. The violations, which occurred in April 2020, are summarized in Attachment A to this letter. —Nonl-0»ro Decartn-*"!^ Er.vro"iT»rt5 | D VSOfi of Wn»r R*Kjurc»» I’H”! Off | 3E00Bi>rsttD'v® | Sa North C»ro ra 37609 919-791-4300 $0.00 $1.000.00 * U ithin thirty (30) days of receipt of this notice, you must do one of the following: Option 1: Submit payment of the penalty : • (1) Submit payment of the penalty, OR (2) Submit a written request for remission, OR (3) Submit a written request for an administrative hearing 0 of 1 violations of G.S. 143-215.1(a)(6) and Permit No. NC0026441. by discharging waste water into the waters of the State in violation of the Pennit Weekly Average for BOD, 5-Dav (20 Deg. C) - Concentration 2 of 2 violations of G.S. 143-215.1(a)(6) and Permit No. NC0026441. by discharging waste water into the waters of the State in violation of the Permit Weekly Average for Nitrogen, Ammonia Total (as N) - Concentration Waste water Branch Division of Water Resources 1617 Mail Service Center Raleigh, North Carolina 27699-1617 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: 1 of 1 violations of G.S. 143-215.1(a)(6) and Permit No. NC0026441, by discharging waste water into the waters of the State in violation of the Permit Monthly Average for Nitrogen, Ammonia Total (as N) - Concentration TOTAL CIVIL PENALTY Enforcement Costs TOTAL AMOUNT DUE $2.500.00 $41.69 $2.541.69 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. Vanessa E. Manuel. Assistant Regional Supervisor, Raleigh Regional Office hereby make the following civil penalty assessment against Town of Siler City: $1.500.00 (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. 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: Both forms should be submitted to the following address: Wastewater Branch Division of Water Resources 1617 Mail Service Center Raleigh. North Carolina 27699-1617 Option 2: Submit a written request for remission request: or mitigation including a detailed justification for such (1) whether one or more of the civil penalty assessment factors in NCOS 143 B-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, 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.—I he Division of W ater Resources also requests that you complete and submit the enclosed “Justification for Remission Request.” 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. I he response w ill provide details regarding the case status, directions for payment, and prov ision for further appeal of the penalty to the Environmental Management Commission’s Committee on Civil Penally 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. Please be aw are that a request for remission is limited to consideration of the five factors listed below as they may ielate 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 civ il 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: The 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. Sincerely, ATTACHMENTS Cc: Eailure 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 (919) 791-4200 or via email at cheng.zhangTt,ncdenr.gov. 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 NCOS § 150B-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. Mr. William F. Lane, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, North Carolina 27699-1601 Vanessa E. Manuel, Assistant Regional Supervisor Water Quality Regional Operations Section Raleigh Regional Office Division of Water Resources, NCDEQ WQS Raleigh Regional Office - Enforcement File NPDES Comp iance/Enforcement Unit - Enforcement File Laser fiche 6714 Mail Service Center Raleigh. NC 27699 6714 Tel: (919)431-3000 Fax: (919)431-3100 Option 3: File a petition for an administrative hearing uith the Office of Administrative Hearings: JUSTIFICATION FOR REMISSION REQUEST (d) the violator had not been assessed civil penalties for any previous violations; EXPLANATION: Case Number: Assessed Party: Permit No.: LV-2020-0292 Town of Siler City NC0026441 (b) the violator promptly abated continuing environmental damage resulting from the violation (z.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); Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission. B aive/ 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 i emission 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). (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). County: Chatham Amount Assessed: $2.541,69 (a) one or more of the civil penalty- assessment factors in N.C.G.S. 143 B-282.1 (b) were wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil penalty assessment document)-, STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY COUNTY OF CHATHAM PERMIT NO.NC0026441 CASE NO. LV-2020-0292 This the day of 20 SIGNATURE ADDRESS TELEPHONE IN THE MATTER OF ASSESSMENT OF CIVIL PENALTIES AGAINST ) ) ) ) ) ) ) WAIVER OF RIGHT TO AN ADMINISTRATIVE HEARING AND STIPULATION OF FACTS Town of Siler City Siler City WWTP Having been assessed civil penalties totaling $2,541,69 for violation(s) as set forth in the assessment document of the Division of Water Resources dated October 12, 2020. 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. ATTACHMENT A Town of Siler City CASE NUMBER: LV-2020-0292 PERMIT:NC0026441 REGION: Raleigh FACILITY: Siler City WWTP COUNTY: Chatham LIMIT VIOLATION(S) SAMPLE LOCATION:Outfall 001 - Effluent Frequency 4/11/2020 4-2020 2 X week mg/l 7.50 8.2 9.3 S0.00 4/4/2020 4-2020 5 X week mg/l 3 8 166.7 $500.00 4/11/2020 4-2020 5 X week mg/l 3 8.85 195.0 $500.00 4/30/2020 4-2020 5 X week mg/l 1 2.58 157.6 $1,500.00 Penalty Amount Violation Date Nitrogen, Ammonia Total (as N) - Concentration Nitrogen, Ammonia Total (as N) - Concentration Nitrogen, Ammonia Total (as N) - Concentration BOD, 5-Day (20 Deg. C) - Concentration Unit of Measure Limit Value Calculated % Over Value Limit Weekly Average Exceeded Monthly Average Exceeded Weekly Average Exceeded Weekly Average Exceeded Violation Type Report Month/Yr Parameter October 12, 2020 SUBJECT: Dear Permittee: Certified Mail # 70170190000095698633 Return Receipt Requested Roy Lynch, Town Manager Town of Siler City PO Box 769 Siler City, NC 27344 Notice of Violation and Assessment of Civil Penalty for Violations of North Carolina General Statute (G.S.) 143-215.1(a)(6) and NPDES WW Permit No. NC0026441 Town of Siler City Siler City WWTP Case No. LV-2020-0292 Chatham County NORIH CAROLINA Environmental Quality "ss:. r-si Q*': -5 2'€2r ROY COOPER C'n^rnor MICHAEL S. REGAN Secrnary S. DANIEL SMITH DitKtoi Based upon the above facts, I conclude as a matter of law that Town of Siler City violated the terms, conditions or requirements of NPDES WW Permit No. NC0026441 and G.S. 143-215.1 (a)(6) 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 pennit required by G.S. 143-215.1 (a). This assessment is based upon the following facts: a review has been conducted of the Discharge Monitoring Report (DMR) submitted by Town of Siler City for the month of April 2020. This review has shown the subject facility to be in violation of the discharge limitations and/or monitoring requirements found in NPDES WW Permit No. NC0026441. The violations, which occurred in April 2020, are summarized in Attachment A to this letter. This letter transmits a Notice of Violation and assessment of civil penalty in the amount civil penalty + S41.69 enforcement costs) against Town of Siler City. ^2 DEQ .X Sis-'fu;; $50JX?0 SI,000.00 Within thirty (30) days of receipt of this notice, you must do one of the following: Option 1: Submit payment of the penalty: Pursuan/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) Submit payment of the penalty, OR (2) Submit a written request for remission. OR (3) Submit a written request for an administrative hearing 1 of 1 violations of G.S. 143-215.1(a)(6) and Permit No. NC0026441, by discharging waste water into the waters of the State in violation of the Permit Monthly Average for Nitrogen, Ammonia Total (as N) - Concentration Wastewater Branch Division of Water Resources 1617 Mail Service Center Raleigh, North Carolina 27699-1617 lof 1 violations of G.S. 143-215.1(a)(6) and Permit No. NC0026441. by discharging waste water into the waters of the State in violation of the Permit Weekly Average for BOD, 5-Dav (20 Deg. C) - Concentration 2 of 2 violations of G.S. 143-215.1(a)(6) and Permit No. NC0026441, by discharging waste water into the waters of the State in violation of the Permit Weekly Average for Nitrogen, Ammonia Total (as N) - Concentration 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: 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 Supenisor. Raleigh Regional Office hereby make the following civil penalty assessment against Town of Siler City: $1.500.00 (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. TOTAL CIVIL PENALTY Enforcement Costs S3WrtT< TOTAL AMOUNT DUE $41.69 Both forms should be submitted to the following address: Option 2: Submit a written request for remission or mitigation including a detailed justification for such request: Wastewater Branch Division of Water Resources 1617 Mail Service Center Raleigh, North Carolina 27699-1617 (1) whether one or more of the civil penalty assessment factors in NCOS 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, you must complete and submit the enclosed "Request tor 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 tor_ Remission RequestT 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: Please note that all evidence presented in support of your request for remission must be submitted in writing. '1 he 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 penally 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. JUSTIFICATION FOR REMISSION REQUEST County: Chatham 2,^!^Amount Assessed: (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 (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); (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). LV-2020-0292 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. 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 tactual 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); S3.0- DEPARTMENT OE ENVIRONMENTAL QUALITYSTATE OF NORTH CAROLINA COUNTY OF CHATHAM CASE NO. LV-2020-0292PERMIT NO. NC0026441 20day of This the SIGNATURE ADDRESS TELEPHONE IN THE MATTER OF ASSESSMENT OF CIVIL PENALTIES AGAINST Town of Siler City Siler City WWTP WAIVER OF RIGHT TO AN ADMINISTRATIVE HEARING AND STIPULATION OF FACTS as set forth in the assessment document of the ) ) ) ) ) ) ) Having been assessed civil penalties totaling violation!s) Division of Water Resources dated October 12, 2020, 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 ot 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-2020-0292 REGION: RaleighPERMIT:NC0026441 COUNTY: ChathamFACILITY: Siler City WWTP LIMIT VIOLATION(S) SAMPLE LOCATION:Outfall 001 - Effluent Frequency 9.38.2mg/l 7.502 X week4-20204/11/2020 S500.00166.78mg/l 35 X week4/4/2020 4-2020 S500.00195.038.855 X week mg/l4-20204/11/2020 $1,500.00157.62.58mg/l 15 X week4/30/2020 4-2020 BOD, 5-Day (20 Deg. C) - Concentration Violation Date Nitrogen, Ammonia Total (as N) - Concentration Nitrogen, Ammonia Total (as N) - Concentration Nitrogen, Ammonia Total (as N) - Concentration Unit of Measure Limit Value Calculated % Over Value Limit Weekly Average Exceeded Weekly Average Exceeded Weekly Average Exceeded Monthly Average Exceeded Violation Type Penalty Amount Report Month/Yr Parameter Ko- ♦ October 19. 2020 SUBJECT: Dear Permittee: S' =is:s 1 his letter transmits a Notice oi Violation and assessment of civil penally in the amount of $4,291.69 (54,250.00 civil penalty + 541.69 enforcement costs) against Town of Siler City. Certified Mail # 70170190000095698688 Return Receipt Requested Notice of Violation and Assessment of Ci\il Penalty for Violations of North Carolina General Statute (G.S.) 143-215.1(a)(6) and NPDES WW Permit No. NC0026441 Town of Siler City Siler City WWTP Case No. LV-2020-0294 Chatham County NOR in CAROLINA £n vironmental Quality Roy Lynch, Town Manager Town of Siler City PO Box 769 Siler City, NC 27344 ROY COOPER Cme-'nvr MICHAEL S. REGAN S. DANIEL SMITH Oirtanr Based upon the above facts, I conclude as a matter of law that Town of Siler City v iolated the terms, conditions or requirements ol NPDES WW Permit No. NC0026441 and G.S. 143-215.1(a)(6) 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 pennit required by G.S. 143-215.1(a). I his assessment is based upon the following facts: a review has been conducted of the Discharge Monitoring Report (DMR) submitted by lown of Siler City for the month of May 2020. This review has shown the subject facility to be in violation of the discharge limitations and/or monitoring requirements found in NPDES WW Permit No. NC0026441. The violations, which occurred in May 2020, are summarized in Attachment A to this letter. ♦ S0.00 $2,000.00 $750.00 $750.00 $750.00 (1) (8) 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 duration and gravity of the violation; The effect on ground or surface water quantity or quality or on air quality; The cost of rectifying the damage; The amount of money saved by noncompliance; Whether the violation was committed willfully or intentionally; 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 cost to the State of the enforcement procedures. 1 of 1 violations of G.S. 143-215.1(a)(6) and Permit No. NC0026441, by discharging waste water into the waters of the State in violation of the Permit Monthly Average for Nitrogen, Ammonia Total (as N) - Concentration 1 of 1 violations of G.S. 143-215.1(a)(6) and Pennit No. NC0026441, by discharging waste water into the waters of the State in violation of the Pennit Weekly Average for BOD, 5-Dav (20 Deg, C) - Concentration 1 of 1 violations of G.S. 143-215.1(a)(6) and Permit No. NC0026441, by discharging waste water into the waters of the State in violation of the Permit Weekly Average for Nitrogen. Ammonia Total (as N) - Concentration (2) (3) (4) (5) (6) (7) 1 of 1 violations of G.S. 143-215.1(a)(6) and Permit No. NC0026441, by discharging waste water into the waters of the State in violation of the Permit Weekly Geometric Mean for Coliform, Fecal MF, MI C Broth, 44.5 C TOTAL CIVIL PENALTY Enforcement Costs TOTAL AMOUNT DUE $4.250.00 $41.69 $4.291.69 tfY1! Based-upon the abox e 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. Vanessa E. Manuel, Assistant Regional Supervisor, Raleigh Regional Office hereby make the following civil penalty assessment against Town of Siler City: 0 of 1 violations of G.S. 143-215.1(a)(6) and Permit No. NC0026441, by discharging waste water into the waters of the State in violation of the Permit Monthly Average for BOD, 5-Day (20 Deg. C) - Concentration 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: I Within thirty (30) days of receipt of this notice, you must do one of the following: Option 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: (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 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 detennining whether a remission request will be approved, the following factors shall be considered: Wastewater Branch Division of Water Resources 1617 Mail Service Center Raleigh. North Carolina 27699-1617 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 \ cry important that you prepare a complete and thorough statement in support of your request for remission. (1) whether one or more of the civil penalty assessment factors in NCOS 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. ♦ Both forms should be submitted to the following address: 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. Wastewater Branch Division of Water Resources 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Mr. William F. Lane, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, North Carolina 27699-1601 failure to exercise one ot 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. In order to request remission, you must complete and submit the enclosed ••Request for Remission of Civil Penalties, \\ aiver 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." It 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. 1 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 NCOS §150B-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: (919)431-3000 Fax: (919)431-3100 Option 3: File a petition for an administrative hearing with the Office of Administrative Hearings: Sincerely, 1 ATTACHMENTS Cc: Vanessa E. Manuel, Assistant Regional Supervisor Water Quality Regional Operations Section Raleigh Regional Office Division of Water Resources, NCDEQ It you have any questions, please contact Cheng Zhang with the Division of Water Resources staff of the Raleigh Regional Office at (919) 791-4200 or via email at cheng.zhang'h ncdenr.gov. WQS Raleigh Regional Office - Enforcement File NPDES Compliance/Enforcement Unit - Enforcement File Laserfiche / I f/o? o JUSTIFICATION FOR REMISSION REQUEST County: Chatham Amount Assessed:54,291.69 (d) the violator had not been assessed civil penalties for any previous violations; EXPLANATION: (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 ol the petitioner (the assessment factors arc listed in the civil penalty assessment document)', Case Number: Assessed Party: Permit No.: (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 (z.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 necessary to achieve compliance). LV-2020-0294 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. 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 penally 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). STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY COUNTY OF CHATHAM PERMIT NO. NC0026441 CASE NO.L\-2020-0294 This the day of 20 SIGNATURE ADDRESS TELEPHONE IN THE MATTER OF ASSESSMENT OF CIVIL PENALTIES AGAINST Town of Siler City Siler City WWT P WAIVER OE RIGHT TO AN ADMINISTRATIVE HEARING AND STIPULATION OF FACTS Having been assessed civil penalties totaling S4.291.69 for violation(s) as set forth in the assessment document of the Division of Water Resources dated October 19. 2020, 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. ) ) ) ) ) ) ) ATTACHMENT A Town of Siler City CASE NUMBER: LV-2020-0294 PERMIT:NC0026441 REGION: Raleigh FACILITY: Siler City WWTP COUNTY: Chatham LIMIT VIOLATION(S) SAMPLE LOCATION:Outfall 001 - Effluent Frequency 5/23/2020 5-2020 2 X week mg/l $750.007.50 10 33.3 5/31/2020 5-2020 2 X week mg/l S0.0055.53 10.5 5/23/2020 5-2020 2 X week #/100ml $750.004005,280.02 1,220.0 5/30/2020 5-2020 5 X week mg/l 3 $750.003.82 27.5 5/31/2020 5-2020 5 X week mg/l 1 1.47 $2,000.0047.0 Violation Date BOD, 5-Day (20 Deg. C) - Concentration BOD, 5-Day (20 Deg. C) - Concentration Nitrogen, Ammonia Total (as N) - Concentration Nitrogen, Ammonia Total (as N) - Concentration Unit of Measure Limit Value Calculated % Over Value Limit Weekly Geometric Mean Exceeded Weekly Average Exceeded Monthly Average Exceeded Weekly Average Exceeded Monthly Average Exceeded Violation Type Penalty Amount Coliform, Fecal MF, MFC Broth, 44.5 C Report Month/Yr Parameter . I DIVISION OF WA 1ER RESOURCES - CI\ IL PENAL 1 \ ASN1SSMI M ASSESSMENT FACTORS No known damage to environment, public health or private property 2) The duration and gravity of the violation: 3) I he effect on ground or surface water quantity or quality or on air quality; Not documented. 4) The cost of rectifying the damage; Not documented. 5) The amount of money saved by noncompliance; It is not believed that any money was saved by these violations. 6) Whether the violation was committed willfully or intentionally; It is not believed that the violations were committed intentionally. There have been three CPAs in the past year. 8) The cost to the State of the enforcement procedures. S41.69 7) The prior record of the violator in complying or failing to comply w ith programs over w hich the Environmental Management Commission has regulatory authority; and One weekly average and one monthly average exceeded for BOD. One monthly average and one weekly average exceeded for ammonia. One w eekly average exceeded for fecal Vanessa E. Manuel, Assistant Regional Supervisor ater Quality Regional Operations Section Raleigh Regional Office Division of Mater Resources, NCDEQ 1) I he degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation; ^4 /^^ Date Violator: Tow n of Siler City Facility Name: Siler City V\A\ I P Permit Number: NC0026441 County: Chatham Case Number: LV-2020-0294