NC0026441_Historical information_20211231

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ROY LYNCH, TOWN MANAGER
TOWN OF SILER CITY
•PO BOX 769
SILER CITY, NC 27344
LV-2021-0342 / CIVIL PENALTY ASSESSMENT / 20211216
SILER CITY WWTP / NC0026441 / CHATHAM COUNTY
REC: 7017 2680 0000 2237 2584/ m 12/15/2021
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ROY LYNCH, TOWN MANAGER
TOWN OF S'lER CITY
PO BOX 769
SILER CITY, -JC 27344
LV 2021-0342/CIVII 1 £NALTY ASSESSMENT / 20211216
SILER CITY WWT!’ / RCTD26441 / CHATHAM COUNTY
REC: 7017 26B0 0000 2237 2584/ M 12/15/2021
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PS Form 3811, July 2020 PSN 7530-02-000-9053
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See Reverse for InstructionsPS Form 3800, April 2015 PSN 7530-02-000-9047
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ROY LYNCH, TOWN MANAGER
TOWN OF SILER CITY
PO BOX 769
SILER CITY, NC 27344
• LV-2021-0341 / CIVIL PENALTY ASSESSMENT / 20211216
SILER CITY WWTP / NC0026441 / CHATHAM COUNTY
REC: 7017 2680 0000 2237 2577/ M 12/15/2021
U.S. Postal Service™
CERTIFIED MAIL® RECEIPT
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PS Form 3800, April 2015 (Reversal PSN 7530-02-000-9047
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PS Form 3811, July 2020 PSN 7530-02-000-9053 Domestic Return Receipt
COMPLETE THIS SECTION ON DELIVERYf SENDER: COMPLETE THIS SECTION
ROY LYNCH, TOWN MANAGER
1 OWN OF SILER CITY
PO BOX 769
SILER Cl IY,-N^ 2/344
LV-2021-034JTSYIL PENALTY ASSESSMENT / 20211216
SILER CITY WWTP / NC0026441 / CHATHAM COUNTY
REC: 7017 0000 2237 2577/ M 12/15/2021
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9590 9402 6851 1060 2581 78
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WATER QUALITY REGIONAL
OPERATIONS SECTION
NC-DEQ RALEIGH REGIONAL OFFICE
3800 BARRETT DRIVE
RALEIGH, NC 27609
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Permit No. G-10
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MICH.'.HL S REC- AX
S. D'MCI S\!ITH
February 15, 2021
SUBJECT:
Dear Permittee:
This letter transmits a Notice of Violation and assessment ofcivil penaltv in the amount of SI,543.59 (SI.500.00 civil
penalty - S43.59 enforcement costs) against '1 own of Siler Citv.
I his assessment is based upon the following facts: a review has been conducted of the Discharge Monitoring Report
■ D.\ER) submitted by Town of Siler City for the month of July 2020. This rev ievv has shown the subject facility to be in
v iolation of the discharge limitations and or monitoring requirements found in NPDI’S \V\V Permit No. NC0026441. 1 he
v iolations, which occurred in July 2020, are summarized in Attachment A to this letter.
.•JQK IICAROllMA
F.n> ironmcn;al Quality
Certified Mail # 70172680000022195343
Return Receipt Requested
Roy Lynch, Manager Lown
Town of Siler City
PO Box 769
Siler City, NC 27344
Notice of Violation and Assessment of Civil Penaltv
for Violations of North Carolina General Statute (G.S.) 143-215.1(a)(6)
and NPDES WAV Pennit No. NC0026441
Town of Siler City
Siler City WAVTP
Case No. LV-2021-0031
Chatham County
Based upon the above facts, 1 conclude as a matter of law that Tow n of Siler Citv v iolated the terms, conditions or
requirements of NPDES WAV Pennit 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 civ il penalty may be assessed
igainst any person who violates the tenns. conditions or requirements of a permit required by G.S. 143-21 5.1(a).
maile
2^/4 s/l/ —. ---y-e,,
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S 750 00
(1)
W ithin thirty (30) (lays of receipt of this notice, you must do one of the follow ing:
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
Wastewater Branch
Division of Water Resources
1617 Mail Service Center
Raleigh. North Carolina 27699-1617
1 ol 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 Weekly Average for BOD, 5-l)av (20 Deg. C)
- Concentration
i ol 1 violations ol 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
I otal (as N) - Concentration
TOTAL CIVIL PENAL TV
Enforcement Costs
TOTAL AMOUNT DUE
Payment sh >uld be made directly to the order of the Department of 1 nv ironmental Quality (do not include waiver
form). Payment of the penalty will not foreclose further enforcement action for any continuing or new v iolaiion(s).
Please submit payment to the attention of:
81,500.00
$43.59
$1,543.59
Based upon the above nndings 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, 1, Vanessa E.
Manuel, Assistant Regional Supervisor, Raleigh Regional Office hereby make the following civil penalty assessment
against Town of Siler City:
$750.00
Pursuant to G.S. 143-215.6A(c), in determining the amount ol 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:
1 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;
(2) The duration and gravity of the violation;
(3) 'I he effect on ground or surface water quantity or quality or on air quality;
(4) I he cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed vv illfully or intentionally;
(/) 1 he prior record of the violator in complying or failing to comply vv ith programs over which the Environmental
Management Commission has regulatory authority; and
(8) I he cost to the State of the enforcement procedures.
*
Submit a written request for remission or mitigation including a detailed justification for such
Both forms should be submitted to the following address:
Option 2:
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 Di\ ision of Water Resources at the address listed below .
In determining whether a remission request w ill be approved, the following factors shall be considered:
Please note that all e\ idence presented in support of your request for remission must be submitted in writing. 1 he
Director of the Division of Water Resources will rexiew your evidence and inform you of his decision in the matter of
your remission request. The response w ill pros ide details regarding the case status, directions for payment, and
provision for further appeal of the penalty to the Lnvironmental 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 \ our request for remission.
Wastewater Branch
Division of Water Resources
1617 Mai! Service Center
Raleigh. North Carolina 27699-1617
(1) whether one or more of the civil penaltx 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 ’he violator had been assessed civil penalties for any previous violations; or
(5) whether payment of the civil penalty will prevent payment lor the remaining necessary remedial actions.
In order Io request remission. \ou must complete and submit the enclosed "Request for Remission of Civ il Penalties.
Waiver of Right to an Administrative Hearing, and Stipulation of Pacts" form w ithin thirty (30) days of receipt of this
notice. I he Division of Water Resources also requests that you complete and submit the enclosed "Justification for
Remission Request."
1 lie mailing address and telephone and fax numbers for the Office of Administrative I learings are as follow s:
One (1) copy of the petition must also be served on DEQ as follow s:
Please indicate the case number (as found on page one of tliis letter) on the petition.
Sincerely,
ATTACHMENTS
Cc:
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 al cheng.zhang a ncdenr.gov.
W'QS Raleigh Regional Office - Enforcement File
NPDES Compliance/Enforcement Unit - Enforcement File
Laserfiche
Mr. William F. Lane. General Counsel
Department of Fnvironmcntal Quality
1601 Mail Sen ice Center
Raleigh. North Carolina 27699-1601
Vanessa E. Manuel, Assistant Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDFQ
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), w ill result in this matter being referred to the Attorney General’s Office for
collection of the penalty through a ci\ il action. Please be ad\ ised that additional penalties may be assessed for \ iolations
that occur after the review period of this assessment.
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 w ith
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 w ithin seven (7) business days following the faxed or electronic transmission. You
should contact the Office of Administratix e Hearings with all questions regarding the filing fee and.'or the details of the
filing process.
6714 Mail Sen ice Center
Raleigh, NC 27699 6714
Tel: [phone]
Fax: [phone]
Option 3: l ile a petition for an administrative hearing with the Office of Administratis c Hearings:
JUSTIFICATION FOR REMISSION REQUEST
County: Chatham
$1,543.59.Amount Assessed:
(d) the violator had not been assessed civil penalties for any previous \ iolations;
EXPLAN \ I ION:
Case Number:
Assessed Party:
Permit No.:
(b) the violator promptly abated continuing en\ ironmental damage resulting from the violation (/.(?., explain the
steps that you took to correct the violation and prevent f uture 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 forp
(c) payment of the civil penalty will prevent payment for the remaining necessary remedial actions (i.c., explain
how payment of the civil penally will prevent you from performing the activities necessary to achieve
compliance).
LV-2021-0031
Town of Siler City
NC0026441
Please use this form when requesting remission of 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 arc 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 civ il penalty assessed. Requesting
remission is not the proper procedure for contesting whether the v iolation(s) occurred or the accuracy of any of the factual
statements contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 143B-282.1(c), remission of a civil
penalty may be granted only when one or more of the following five factors apply. Please check each factor that you
believe applies to your case and provide a detailed explanation, including copies of supporting documents, as to why the
factor applies (attach additional pages as needed).
(a) one or more of the civil penalty assessment factors in N.C.G.S. 143B-282.1(b) were w rongfully applied to the
detriment of the petitioner (the assessment factors arc listed in the civil penalty assessment document);
1
STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
COUNTY OF CHATHAM
PERMIl NO. NC0026441 CASE NO.1A-2O21-()()31
This the day of 20
SIGNATURE
ADDRESS
telephone:
IN I HE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST
Town of Siler City
Siler C hy VVWl P
)
)
)
)
)
)
)
WAIVER OF RIGHT TO AN
ADMINTSTRATIX E HEARING AND
STIPULATION OF FACTS
Having been assessed civil penalties totaling SI .543.59 for violation(s) as set forth in the assessment document of the
Di\ ision of Water Resources dated February 15. 2021. the undersigned, desiring to seek remission of the ci\ il penalty, docs
hereby waive the right to an administrative hearing in the above-stated matter and does stipulate that the facts are as
atlegcd in the assessment document. The undersigned further understands that all evidence presented in support of
remission ot 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-2021-0031
PERMIT:NC0026441 REGION: Raleigh
FACILITY: Siler City WWTP COUNTY: Chatham
LIMiT VIOLATION(S)
SAMPLE LOCATION:Outfall 001 - Effluent
Frequency
7/4/2020 7-2020 2 X week mg/l S750.007.50 10.8 44.0
7/4/2020 7-2020 5 X week mg/l 3 4.22 40.8 S750.00
BOD, 5-Day (20 Deg.
C) - Concentration
Violation
Date
Nitrogen. Ammonia
Total (as N) -
Concentration
Unit of
Measure
Limit
Value
Weekly
Average
Exceeded
Weekly
Average
Exceeded
Violation
Type
Penalty
Amount
Calculated % Over
Value Limit
Report
Month/Yr Parameter
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Siiee.
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1. Article Addressed to:
4. Restricted Delivery? (Extra Fee) Yes
7017 EbflO 0000 2215 5343
PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-154
PS Form 3800, April 2015 PSN 7530-02-000-9047 See Reverse for Instruction!
SENDER: COMPLETE THIS SECTION 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.
ROY IYNCH, MANAGER I0WN
IOWN OF SILER CITY
PO BOX 769
SILER CITY, NC27344
NOV: LV-2021 0031: NC0026441: SHER CITY WWIP
CHATHAM COUNTY: NOV & ASST 5SMENT OF CP
02/15/7021: MAILED: 02/23/2021: ZHANG
Posu nark
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For delivery information, visit our webgife at www.uspsicom^. -
Certified Mall Fee
$________________________
Extra Services & Fees (c/iecfc bot, add tee as appropriate)
Fl Heturn Receipt (hardcopy) $
Return Receipt (electronic) $
0 Certified Mall Restricted Delivery $
Adult Signature Required $
0 Adult Signature Restricted Delivery $____________
Postac
$__
Total!
ROY LYNCH, MANAGER TOWN
TOWN OF SILER CITY
PO BOX 769
SILER CITY, NC 27344
CHA^NAMrnn °31: NC00264'’1-- SHER CITY WWTP
oX/^t N0V & ASSESSMENT OF CP
02/15/2021: MAILED: 02/23/2021: ZHANG
□^Express Mail
0 Return Receipt for Merchandisi
C.O.D.
3. Service Type
EJ Certified Mail
Registered
Insured Mail
A. Signature i y f
nX.
B. Received by (Printed Name)
D. Is delivery address different from item 1 ? Yes
If YES, enter delivery address below: No
ET
IMPORTANT: Savo this receipt for your records.
nnnn nc>M -ycon no.nnn.on/fv
United States Postal Service
GREENSBORO NG 2 TC)
7'^ FFR ?n?5 RM' 9 F
WATER QUALITY REGIONAL OPERATIONS
SECTION
NC DEQ RAI EIGH REGIONAL Oi l ICE
3800 BARRETT DRIVE
RALEIGH, NC 27609
for an elecironic 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 tin
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, whicl
requires the signee to be at least 21 years of ag
and provides delivery to the addressee specifier
by name, or to the addressee’s authorized agen
(not available at retail).
■ To ensure that your Certified Mail receipt is
accepted as legal proof of mailing, it should bear;
tISPS postmark. If you would like a postmark on
this Certified Mail receipt, please present your
Cert!Lied Mail item at a Post Office'” for
postmarking. If you don't need a postmark on this
Certified Mail receipt, detach the barcoded portior
of this label, affix it to the mailpiece, apply
appropriate postage, and deposit the mailpiece.
CK
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First-Class Mail
Postage & Fees Paid
USPS
Permit No. G-10
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1)I\ ISiON OF \\z\TER RESOURCES - CIVIL PENALTY ASSESSMENT
ASSESSMENT FACTORS
No known damage to environment, public health or private property
2) 1 he duration and gravity of the violation;
3) The 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 five CPAs in the past year.
1) 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;
One weekly average exceeded for BOD. One weekly average exceeded for ammonia. Average monthly flow 2.6
MGD- yy % 4 < Vo 1^4-
7 ___________
Vanessa E. Manuel, Assistant Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ
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 z? .
7^/ MY)
8) The cost to the State of the enforcement procedures.
$43.59
V iolator: Tow n of Siler City
Facility Name: Siler City WWTP
Permit Number: NC0026441
County: Chatham
Case Number: LV -2021-0031
£«»• Q
April 22, 2021
SUBJECT:
Dear Permittee:
Limit Exceedance Violation(s):
Parameter Date
001 Effluent 2/6/2021 6 18.62
Weekly Average Exceeded2/13/2021 22.77001 Effluent 15
1,006.88 Weekly Geometric Mean Exceeded400001 Effluent
Weekly Average Exceeded2/13/2021 21.88001 Effluent 6
Weekly Average Exceeded33.7001 Effluent 2/20/2021 15
Weekly Geometric Mean Exceeded4003,902001 Effluent
DEQ
A review of the February 2021 Discharge Monitoring Report (DMR) for the subject facility revealed the
violation(s) indicated below:
kW COi'I'LR
r.LLi! ga’ r.
&'Mi SMITH
Sample
Location
Limit
Value
Certified Mail # 7017 2680 0000 2219 5305
Return Receipt Requested
Roy Lynch, Town Manager
Town of Siler City
PO Box 769
Siler City, NC 27344
NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY
Tracking Number: NOV-202l-LV-0264
Permit No. NC0026441
Siler City WWTP
Chatham County
Nitrogen, Ammonia Total (as
N) - Concentration (CO610)
BOD, 5-Day (20 Deg. C) -
Concentration (CO310)
Coliform, Fecal MF, MFC Broth, 2/13/2021
44.5 C (31616)
Nitrogen, Ammonia Total (as
N) - Concentration (CO610)
BOD^VDay (20 Deg. C) -
Concentration (CO310)
Coliform, Fecal MF, MFC Broth, 2/20/2021
44.5 C (31616)
Reported
Value Type of Violation
Weekly Average Exceeded
Limit Exceedance Violation(s):
Parameter Date
001 Effluent 2/20/2021 6 18.86
Weekly Average Exceeded001 Effluent 2/27/2021 15 30.6
001 Effluent 2/27/2021 6 18.76 Weekly Average Exceeded
001 Effluent 2/28/2021 10 24.59 Monthly Average Exceeded
001 Effluent 200 310.43 Monthly Geometric Mean Exceeded
001 Effluent 2/28/2021 4 4.65 Monthly Average Exceeded
001 Effluent 2/28/2021 2 19.49 Monthly Average Exceeded
Sample
Location
Limit
Value
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.
^BEQ
Nitrogen, Ammonia Total (as
N) - Concentration (CO610)
BOD, 5-Day (20 Deg. C) -
Concentration (CO310)
Nitrogen, Ammonia Total (as
N) - Concentration (CO610)
BOD, 5-Day (20 Deg. C) -
Concentration (CO310)
Coliform, Fecal MF, MFC Broth, 2/28/2021
44.5 C (31616)
Flow, in conduit or thru
treatment plant (50050)
Nitrogen, Ammonia Total (as
N) - Concentration (CO610)
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.
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.
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.
Reported
Value Type of Violation
Weekly Average Exceeded
Cc:
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
Laserfiche
Vanessa E. Manuel, Assistant Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ
^:deq
Sincerely,
DocuSigned by.
-----B2916E6AB32144F..
I
USE
Street'ani
Ciiy.'Statb.
'4
No
li­
ps Form 3811, July 2015 PSN 7530-02-000-9053 Domestic Return Receipt
See Reverse for Instructions!PS Form 3800, April-2015 PSN 7530-02-000-9047
SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY
ROY LYNCH, TOWN MANAGER
TOWN OF SILER CITY
PO BOX 769
SILER, NC 27344
NOV-202 l-LV-0264: NC0026441: SILER CITY WWTP
CHATHAM COUNTY: NOV & INTENT TO ASSESS CP
04/22/2021: MAILED: 04/23/2021: ZHANG
$$
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Signature Confirmation
Restricted Delivery
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ROY LYNCH, TOWN MANGER
IOWNOF ILER Cl >Y
PO BOX 769
SILER CITY, I 2/344
NOV-2021 1: NC0026441: SILER CITY WWEP
CHATHAM (O'JMY: NOV & INTENT TO ASSESS CP
04/22/2021: MAILED: 04/23/2021: ZHANG
llllillllllllllllllllllllllilllllllllllll
9590 9402 3415 7227 6616 91
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sP«ofhnvi '•omnental Quality
ncdeq division of water quality
RALEIGH REGIONAL OFFICE
3800 BARRE FT DRIVE
RALEIGH, NC 27609
United States
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utieu ivtaii service pruviaes tne ioiiowmg benefits:
■ A receipt (this portion of the Certified Mail label).
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delivery.
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signature) that is retained by the Postal Service"*
for a specified period.
Important Reminder.1;:
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First-Class Mail", First-Class Package Service®,
or Priority Mail’' service.
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with Certified Mail service. However, the purchase
of Certified Mail service does not change the
insurance coverage automatically included with
certain Priority Mail items.
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endorsement on the mailpiece, you may request
the following services;
- Return receipt service, which provides a record
of delivery (including the recipient's signature).
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complete PS Form 3811, Domestic Return
Receipt: attach PS Form 3811 to your mailpiece;
PS Form 3800, April 2015 (Reverse) PSN 7530-02-000-9047
TSTD TMDE 3415'722? Allb ’^1
2 8 202i
September 30, 2021
Dear Permittee:
Limit Exceedance Violation(s):
Parameter Date
Weekly Average Exceeded001 Effluent 7/24/2021 7.283
7/31/2021 Monthly Average Exceeded001 Effluent 5 7.64
Weekly Average Exceeded001 Effluent 7/31/2021 11.257.5
Monthly Average Exceeded001 Effluent 7/31/2021 2.571
DEQ
A review of the July 2021 Discharge Monitoring Report (DMR) for the subject facility revealed the violation(s)
indicated below.
Sample
Location
Limit
Value
Certified Mail # 7017 2680 0000 2237 4878
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-2021-LV-0729
Permit No. NC0026441
Siler City WWTP
Chatham County
North Carolina Department of Envtronmenlal Quality I Division of Water Resources
Raleigh Regional Office 3800 Barrett Drive I Raleigh. North Carolina 27609
9197914200
NORTH CAROLINA
Environmental Quality
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
S. DANIEL SMITH
Director
Nitrogen, Ammonia Total (as
N) - Concentration (CO610)
BOD, 5-Day (20 Deg. C) -
Concentration (CO310)
BOD, 5-Day (20 Deg. C) -
Concentration (CO310)
Nitrogen, Ammonia Total (as
N) - Concentration (CO610)
Reported
Value Type of Violation
Sincerely,
Cc:
^51^
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.
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
Laserfiche
Vanessa E. Manuel, Assistant Regional Supervisorwater Quality
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ
Nonh Carolina Department of Environmental Quailtv I Division of Water Resources
Raleigh Regional Ollier 3800 Banett Drive I Raleigh, North Carolina 27bO9
■>19 7914200
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.
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 ($25,000.00) may be assessed against any person who violates or
fails to act in accordance with the terms, conditions, or requirements of any permit issued pursuant to G.S.
143-215.1.
x------DocuSigned by:
------B2916E6AB32144F
Domestic Return Receipt
UAL
1
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USPS7RACWNG#
5 L
• Sender: Please print your name, address, and ZIP+4® in this box*
.1
COMPLETE THIS SECTION ON DELIVERYSENDER: COMPLETE THIS SECTION
PS Form 3800, April 2015 PSN 7M0-p2-00O«M7 See Reverse for Instructions
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Priority Mall Express®
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so that we can return the card to you.
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or on the front If space permits.
Manage,
TOWN OE'SJEER CITY
RXBOX 76S
SILER CHY/NC 27344
NOV-20ariy-0729 / NOV-INTENT TO ASSESS / 20211005
SILER CTTWWTP / NC0026441/CHATHAM COUNTY
REC: 7017 2680 0000 2237 4878 / M 09/30/2021
27OIII11
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9590 9402 6520 0346 7548 71
2. Article Number (Transfer from service label)
?oi? sbaa coon 2537 4a?8
. PS Form 3811, July 2020 PSN 7530-02-000-9053I
WATER QUALITY REGIONAL OPERATIONS
Nc'oEQ1 RALEIGH REGIONAL OFFICE
3800 BARRETT DRIVE
RALEIGH, NC 27609
U.S. Postal Service™
CERTIFIED MAIL® RECEIPT
Domestic Mail Only
For delivery information, visit our website at www.usps.com''.
iee
i. Date of Delivery _________1
D. Is delivery address different from Item 1? Yes
If YES, enter delivery address below No
fill.
•315'10 mPeSSsgO D3ML 75M8 71
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$ ___________________
Extra Services & box. add
O Return Receipt (hardcopy) $
Q Return Receipt (electronic) $
O Certified Mail ReeWcted Oefivwy $
Q Adult Signature Required $
Adult Signature Restricted Delivery $
Postage
• ROY LYNCH, TOWN MANAGER
CU TOWN OF SILER CITY
PO BOX 769
SILER CITY, NC 27344
NOV-202l-LV-0729 / NOV-INTENT TO ASSESS / 20211005
SILER CITY WWTP / NC0026441/ CHATHAM COUNTY
REC: 7017 2680 0000 2237 4878 / M 09/30/2021
5TAZ£ ,
September 30, 2021
Dear Permittee:
Limit Exceedance Violation(s):
Parameter Date
001 Effluent 7/24/2021 3 7.28 Weekly Average Exceeded
001 Effluent 7/31/2021 5 7.64 Monthly Average Exceeded
001 Effluent 7/31/2021 7.5 11.25 Weekly Average Exceeded
001 Effluent 7/31/2021 1 2.57 Monthly Average Exceeded
SUBJECT: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY
Tracking Number: NOV-202l-LV-0729
Permit No. NC0026441
Siler City WWTP
Chatham County
Sample
Location
Nitrogen, Ammonia Total (as
N) - Concentration (COG 10)
BOD, 5-Day (20 Deg. Cf-^
Concentration (CO310)
BOD, 5-Day (20 Deg. C) -
Concentration (CO310)
Nitrogen, Ammonia Total (as
N) - Concentration (CO610)
Limit
Value
Roy Lynch, Town Manager
Town of Siler City
PO Box 769
Siler City, NC 27344
A review of the July 2021 Discharge Monitoring Report (DMR) for the subject facility revealed the violation(s)
indicated below:
Certified Mail # 7017 2680 0000 2237 4878
Return Receipt Requested
NORTH CAROLINA
Environmental Quality
ROY COOPER
Governor
ELIZABETH S. BISER
Seciefary
S. DANIEL SMITH
Dircctot
*ut« th C4rt".n.i 'Jcpurt mmi of Fminmntcnlul Quality O v von i>l Wairt RcvH«rr\
Rjle<jltRe<|of.ilO(f« MOO Burtctt D>r.c Rjlcyh. XofthCui hnu27i*Q4
'H® ;•»! I.’OO
MAILED
Reported
Value Type of Violation
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: 07-2021 (July 2021)STATUS: SubmittedVERSION: 1.0
SAMPLING LOCATION: EFFLUENT DISCHARGE NO.: 001 NO DISCHARGE*: NO
50050 00010 00400 50060 CO3I0 CO610 CO530 31616 00300
5 X weekContinuous 5 X week 5 X week 2 X week 5 X week 2 X week 2 X week 5 X week
Grab Grab Composite Composite Grab GrabInstantaneousGrabComposite
5 FLOW TEMP-C PH CHLORINE BOD - Cone NH3-N - Cone TSS - Cone FCOLI BR DO
2400 cloek Hr,2400 cloek Hrs Y/B7N mgd deg c ug.1 mgd mg I mg'l #/100ml mgdsu
0800 24 0745 24 Y 2.361 29 7.7 10 <0.5 7.3
0800 24 0745 24 Y 2.904 28 7.4 < 10 <0.5 7.7
0745 24 N 2.539
0745 24 N 2.005
5 0745 24 B 1.979 H H H H H H H H
0800 24 0745 24 2.254 30 7.8 <0.5 36 7.4B< 10 6.2 <2.5
0800 24 0745 24 B 2.11 30 7.7 < 10 <0.5 6.9
8 6.8080024074524N4.18 28 7.7 < 10 6.5 0.87 <2.5 < 1
24 0745 2.05 28 7.6 < 10 2.6 7.8080024
ID 0745 24 N 2.823
11 2.879074524N
12 0800 24 0745 24 2.394 29 7.7 < 10 9.3 <0.5 <2.5 260 7.6
13 30 <0.5 7.70800240745242.44 7.5 < 10
14 24 0745 24 2.652 31 7.7 < 10 4.7 <0.5 <2.5 291 7.70800
15 0800 24 0745 24 Y 2.647 28 7.5 < 10 <0.5 7.1
16 0800 24 0745 24 2.279 30 7.6 < 10 <0.5 7.3N
17 0745 24 N 2.411
18 0745 24 Y 2.229
19 28 7.5 7.1 <0.5 <2.5 < 1 7.50800240745244.423 < 10
20 2.871 28 < 10 3 7.6080024074524Y
21 7.32.736 29 7.7 < 10 4.8 9 <2.5 153080024074524
22 7.40800240745242.953 28 7.7 < 10 12Y
23 <10 12.4 7.424074524N2.146 29 7.80800
24 2.148074524N
25 0745 2.00324
26 7.22.235 30 7.8 < 10 12.2 <0.5 <2.5 17080024074524N
27 7.3<0.524074524Y2.342 30 7.8 < 100800
28 10.3 2.2 <2.5 8 7.3080024074524Y2.22 31 7.8 < 10
29 3.8 7.42407452.16 30 7.7 < 10080024
30 8 7.22.22 30 7.8 < 10080024074524
31 2.174074524N
Monthly Average Limit:30 2005
Monthly Average:7.3761929.238095 0 7.6375 2.565238 0 22.0889412.508613
Daily Maximum:7.87.8 0 12.2 12.4 0 2914.423 31
Daily Minimum:4.7 0 0 0 6.81.979 28 7.4 0
Discharge Monitoring Report - Copy Of Record (COR_N,C0026441_Ver_1.0_7_2021.pdf)
IX
Mf I%I
I I
I iI
!!
*•** 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: 07-2021 (July 2021)VERSION: 1.0 STATUS: Submitted
COMPLIANCE STATUS: Non-Compliant CONTACT PHONE #: [phone] SUBMISSION DATE: 08/31/2021
Electronically Certified by Brittany N York 2021-08-31 10:16:49.425on
ORC/Certifier Signature: Brittany YorkN Phone #:[phone] Date
1 certify that this report is accurate and complete to the best of my knowledge.
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
NPDES permit.
2021-08-31 10:17:13.558
Permittee/Submitter Signature:York Phone #:[phone]N Date
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 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. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for
knowing violations.
CERTIFIED LABORATORIES
LAB NAME: Siler City WWTP Laboratory, Meritech, 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 visiting https://deq.nc.gov/about/divisions/water-resources/edmr/user-documentation .
FOOTNOTES
entire monitoring period.
.0506(b)(2)(D).
Discharge Monitoring Report - Copy Of Record (COR_NC0026441_Ver_1.0_7_2021.pdf)
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
* * * Brittany
Electronically Signed by Brittany N York on
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: 07-2021 (July 2021)VERSION: 1.0 STATUS: Submitted
Report Comments:
Exceeded weekly BOD,5-Day for week #5 (Limit =7.5 mg/1 Reported =11.25 mg/1)
Exceeded monthly BOD,5-Day (limit = 5.0 mg/1 Reported = 7.63 mg/1)
Exceeded weekly NH3 as N for week #4 (limit = 3.0 mg/1 Reported = 7.28 mg/1)
Exceeded monthly NH3 as N (limit = 1.0 mg/1 Reported = 2.56 mg/1)
It is believed that these parameters were exceeded due to flow coming from the WTP and Mountaire. We have still been receiving high amounts of Iron from the WTP hindering
the treatment in our Oxidation ditches. Also Mountaire experienced some mechanical issues with their EQ basin causing the flow coming to us to contain high ammonia.
Synagro started hauling the WTP's lagoon on 8/31/21. Therefor we should not receive as much solids or Iron. The WTP are trying to get on a better schedule to have lagoon and
round basin cleaned more frequently to prevent from these problems in the future.
Mountaire had their EQ basin air lines worked on 8/23 and 8/29. Unknown at this time if problem has been resolved.
Permit Enforcement History Details by Owner ✓
Town of Siler CityOwner:
/
ChathamCounty :
DamagesMR
$1,047.73 $0.00 No 8/24/997/22/99 $1,000.00 $47.73LV-1999-0276
$1,297.73 1/10/00$0.00 No11/29/99 $1,250.00 $47.73LV-1999-0462
$2,297.73 $0.00 No 4/3/002/23/00 $2,250.00 $47.73LV-2000-0055
$1,029.96 $0.00 No 5/25/00$29.96LV-2000-0138 5/12/00 $1,000.00
$1,029.96 $0.00 No 10/9/009/7/00 $1,000.00 $29.96LV-2000-0385
$2,297.73 $0.00 No 10/18/0CLV-2000-0425 10/5/00 $2,250.00 $47.73
$1,053.07 $0.00 No 11/28/0110/30/01 $1,000.00 $53.07LV-2001-0443
$303 07 $0.00 No 1/7/02$53.07LV-2001-052C 12/19/01 $250.00
$544.00 $0.00 No 12/2/03LV-2003-0685 3-2003 10/23/03$500.00 $44.00
$2,044 00 $0.00 No 12/2/03$44.00LV-2003-0686 4-2003 10/23/03$2,000.00
$4,044.00 $0.00 No 12/2/03LV-2003-0687 8-2003 10/23/03 $4,000.00 $44.00
$1,537.78 $0.00 No 8/13/184/12/18 $1,500.00 $37.78 $0.00LV-2018-0075 5-2017
$1,537.78 $0.00 No 8/13/18LV-2018-0084 11-2017 4/13/18 $1,500.00 $37.78 $0.00
$0.00 No 1/18/19$37.78 $0.00 8/28/18 12/6/18 $300.00 $1,237.78LV-2018-0193 1-2018 8/8/18 $1,500.00
$0.00 No8/17/20 9/3/20 $300.00 $1,241.69 11/4/20LV-2020-0127 11-2019 7/1/20 $1,500.00 $41.69 $0.00
$0.00 8/12/20 11/5/20 $0.00 $1,541.69 NoLV-2020-0194 3-2020 7/14/20 $1,500.00 $41.69
Facility :
Permit:
Region :
Case
Number
Penalty
Assessment
Approved
Penalty Enforcement
Amount Costs
Remission
Request
Received
Total
Paid
Balance
Due
Has
Pmt
Plan
Case
Closed
Enf
Conf
Held
Collection
MemoSent
To AGO
11/22/2021
1
Siler City WWTP
NC0026441
Raleigh
EMC
Remission
Amount
OAH
Remission
Amount
/ r*
Enf EMC
Remission Hearing
Amount Held
✓
12/2/20$2,541.69 $0.00 No10/12/20$2,500.00 $41.69 $0.00LV-2020-0292 4-2020
$0.00 No 12/2/20$4,291.69$41.69 $0.00LV-2020-0294 5-2020 10/17/20$4,250.00
$0.00 No 3/30/21$8,543.95$0.00 12/23/20 3/4/21 $0.0011/21/20 $8,500.00 $43.95LV-2020-0338 6-2020
$1,543.59 $0.00 No 3/9/21$43.59 $0.002/15/21 $1,500.00LV-2021-0031 7-2020
$0.00 No 9/27/21$20,043.95$43.95 $0.00PC-2020-004!8/27/21 $20,000.00
$18,481.09 No11/15/21 $18,437.50 $43.59 $0.00LV-2021-0279 2-2021
$6,918.59 No11/18/21 $6,875.00 $43.59 $0.00LV-2021-0338 3-2021
$981 09 No11/19/21 $937.50 $43.59 $0.00LV-2021-0339 4-2021
Total Balance Due : $27,922.46Total Enforcement Cost: $1.031.34 Sum Of Total Paid: $59,508.88Total Penalty Amount: $87,00024Total Cases:
Total Penalties After Remissions : $87,431.34Sum of Total Case Penalties. $88,031.34
11/22/2021
2
(
a
December 15, 2021
SUBJECT:
Dear Permittee:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $10,043.59 ($10,000.00 civil
penalty + $43.59 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 July 2021. 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 July 2021, are summarized in Attachment A to this letter.
Certified Mail # 7017 2680 0000 2237 2577
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-2021-0341
Chatham County
ROY COOPER
Covernoi
ELIZABETH S. BISER
Secivlaiy
S. DANIEL SMITH
Directm
MAILED
Based upon the above facts, 1 conclude as a matter of law that T own of Siler City violated the terms, conditions or
requirements of NPDES WW Pennit 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).
Morili C.vohoo Orpaiinicai of Fnvu'onnirni.il Q<inhly I OiViMi’Hof Wotci Reswrre*
R;ilefr)h Regional Office .1800 Bai rett Drive I Ralctali Nortl*. Carolina Z?OO‘»
WWI 4Z0<>
NORTH CAROLINA
Environmental Quality
$3,750.00
$1,250.00
$1,250.00
TOTAL CIVIL PENALTY
Enforcement Costs
TOTAL AMOUNT DUE$10,043.59
(1)
(8)
(2)
(3)
(4)
(5)
(6)
(7)
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 willftilly 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 violation 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 BOD, 5-Day (20 Deg.
C) - Concentration
1 of 1 violation 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-Day (20 Deg. C)
- Concentration
I of 1 violation 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
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 of 1 violation 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
$10,000.00
$43.59
Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the
Secretary of the Department of Environmental Quality and the Director of the Division of Water Resources, I, Scott
Vinson, Regional Supervisor, Raleigh Regional Office hereby make the following civil penalty assessment against Town
of Siler City:
$3,750.00
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:
Option 2: Submit a written request for remission or mitigation including a detailed justification for such
request:
Please be aware that a request for remission is limited to consideration of the five factors listed below as they may
relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper
procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in
the civil penalty assessment document. Because a remission request forecloses the option of an administrative hearing,
such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation and
agreement that no factual or legal issues are in dispute. Please prepare a detailed statement that establishes why you
believe the civil penalty should be remitted, and submit it to the Division of Water Resources at the address listed below.
In determining whether a remission request will be approved, the following factors shall be considered:
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.
(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) 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.
Wastewater Branch
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
Both forms should be submitted to the following address:
Option 3: File a petition for an administrative hearing with the Office of Administrative Hearings:
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.
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.
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
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.
In order to request remission, you must complete and submit the enclosed "Request for Remission ot Civil Penalties,
Waiver of Right to an Administrative Hearing, and Stipulation of Facts” form within thirty (30) days of receipt of this
notice. The Division of Water Resources also requests that you complete and submit the enclosed “Justification for
Remission Request ”
6714 Mail Service Center
Raleigh, NC 27699 6714
Tel: [phone]
Fax: [phone]
Sincerely,
ATTACHMENTS
Cc:
If you have any questions, please contact Cheng Zhang with the Division of Water Resources staff of the Raleigh Regional
Office at [phone] or via email at [e-mail] .
WQS Raleigh Regional Office - Enforcement File
Laserfiche
Scott Vinson, Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ
JUSTIFICATION FOR REMISSION REQUEST
County: Chatham
$10,043.59Amount 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)'.
(c) the violation was inadvertent ora 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-2021-0341
Town of Siler City
NC0026441
Please use this form when requesting remission of this civil penalty. You must also complete the "Request for Remission,
IVaiver of Right to an Administrative Hearing, and Stipulation of Facts" fonn 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-2021-0341
This the day of ,20
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 $10,043.59 for violation(s) as set forth in the assessment document of the
Division of Water Resources dated December 15, 2021, 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.
WAIVER OF RIGHT TO AN
ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
)
)
)
)
)
)
)
ATTACHMENT A
Town of Siler City
CASE NUMBER:LV-2021-0341
NC0026441PERMIT:REGION: Raleigh
FACILITY: Siler City WWTP COUNTY: Chatham
LIMIT VIOLATION(S)
SAMPLE LOCATION:Outfall 001 - Effluent
Frequency
7/31/2021 7-2021 2 X week mg/l 5 7.64 $3,750.0(52.8
7/31/2021 7-2021 2 X week $1,250.0Cmg/l 7.50 11.25 50.0
7/24/2021 7-2021 5 X week mg/l $1,250.0C37.28 142.7
7/31/2021 7-2021 5 X week mg/l 2.57 156.5 $3,750.0C1
BOD, 5-Day (20 Deg.
C) - Concentration
Violation
Type
Violation
Date
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
Weekly
Average
Exceeded
Monthly
Average
Exceeded
Monthly
Average
Exceeded
Penalty
Amount
Report
Month/Yr. Parameter
DIVISION OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT
ASSESSMENT FACTORS
1)
2)
3)
4)
5)
6)
7)
8)
$43.59
Scott Vinson, Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ
/■Z - /S"' >/
Date
Violator: Town of Siler City
Facility Name: Siler City WWTP
Permit Number: NC0026441
County: Chatham
Case Number: LV-2021-0341
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;
No known damage to the environment, public health or private property. However, discharging effluent exceeding permit limits
increases risk of adverse impacts to waters of the state^ (L°itz^c-4-c<
T’L J *• -> •* r *u • i *•I he duration and gravity of the violation;
BOD was exceeded 50% above the weekly average limit on July 31,2021, and 52.8°o above the monthly average limit on July 31,
2021. Ammonia Nitrogen was exceeded 142.7°o above the weekly average limit on July 24, 2021, and 156.5% above the monthly
average limit on July 31,2021.
The effect on ground or surface water quantity or quality or on air quality;
The receiving stream for the authorized effluent discharge is Loves Creek, classified as C waters in the Cape Fear River Basin. The
effects on water quantity or quality because of these permit limit exceedances include increased risk to impact waters of the state, a.
The cost of rectifying the damage;
The cost of rectifying the damage is not documented.
The amount of money saved by noncompliance;
It is not believed that any money was saved by these violations.
Whether the violation was committed willfully or intentionally;
It is not believed that the violations were 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
There have been five prior penalty assessments issued to the pennittee for violations occurring at the Siler City WWTP.
The cost to the State of the enforcement procedures.
DIVISION OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT
ASSESSMENT FACTORS
1)
5
2)
3)
4)
5)
6)
7)
8)The cost to the State of the enforcement procedures.
$43.59
The amount of money saved by noncompliance;
It is not believed that any money was saved by these violations.
Whether the violation was committed willfully or intentionally;
It is not believed that the violations were committed willfully or intentionally.
The prior record of the violator in complying or failing to comply with programs over w hich the
Environmental Management Commission has regulatory authority; and
There have been five prior penalty assessments issued to the permittee for violations occurring at the Siler City WWTP.
Date Scott Vinson, Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ
Violator: Town of Siler City
Facility Name: Siler City WWTP
Permit Number: NC0026441
County: Chatham
Case Number: LV-2021-0341
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;
No known damage to the environment, public health or private property. However, discharging effluent exceeding permit limits
increases risk of adverse impacts to waters of the state.j Cc^
The duration and gravity of the violation;
BOD was exceeded 50% above the weekly average limit on July 31, 2021. and 52.8% above the monthly average limit on July 31,
2021. Ammonia Nitrogen was exceeded 142.7% above the weekly average limit on July 24. 2021, and 156.5% above the monthly
average limit on July 31. 2021.
The effect on ground or surface water quantity or quality or on air quality;
The receiving stream for the authorized effluent discharge is Loves Creek, classified as C waters in the Cape Fear River Basin. The
effects on water quantity or quality because of these permit limit exceedances include increased risk to impact waters of the state, cc-lU
o -\ <6 i/vS
The cost of rectifying the damage;
The cost of rectifying the damage is not documented.
October 13, 2021
SUBJECT:
Dear Permittee:
Limit Exceedance Violation(s):
Parameter Date
Weekly Average Exceeded8/7/2021 10.5001 Effluent 7.5
13.66 Weekly Average Exceeded001 Effluent 8/7/2021 3
Weekly Average Exceeded10.35001 Effluent 8/14/2021 7.5
Weekly Average Exceeded8/14/2021 9.22001 Effluent 3
Weekly Average Exceeded8/21/2021 3 8.98001 Effluent
Weekly Average Exceeded8/28/2021 7.5 14.5001 Effluent
^D_EQ
A review of the August 2021 Discharge Monitoring Report (DMR) for the subject facility revealed the violation(s)
indicated below:
Sample
Location
Limit
Value
Roy Lynch, Town Manager
Town of Siler City
PO Box 769
Siler City, NC 27344
Certified Mail # 7017 2680 0000 2237 4724
Return Receipt Requested
NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY
Tracking Number: NOV-202l-LV-0766
Permit No. NC0026441
Siler City WWTP
Chatham County
NORTH CAROLINA
Environmental Quality
N(H th Carolina Department of Environmental Quality I Division of Water Resources
Raleigh Regional Office 5800 Barren Drive I Raleigh. North Carolina 27609
9197914200
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
S. DANIEL SMITH
Director
BOD, 5-Day (20 Deg. C) -
Concentration (CO310)
Nitrogen, Ammonia Total (as
N) - Concentration (CO610)
BOD, 5-Day (20 Deg. C) -
Concentration (CO310)
Nitrogen, Ammonia Total (as
N) - Concentration (CO610)
Nitrogen, Ammonia Total (as
N) - Concentration (CO610)
BOD, 5-Day (20 Deg. C) -
Concentration (CO310)
Reported
Value Type of Violation
Limit Exceedance Violation(s):
Parameter Date
001 Effluent 8/28/2021 3 12.56
001 Effluent 8/31/2021 5 10.7 Monthly Average Exceeded
001 Effluent 8/31/2021 11.93 Monthly Average Exceeded1
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.
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.
Sample
Location
Limit
Value
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.
North Caroflna Department of Environmental Quality I Division ol Water Resources
Raleigh Regional Office I J800 Barrett Drive I Raleigh. North Carolina 27609
919.791.4200
Nitrogen, Ammonia Total (as
N) - Concentration (CO610)
BOD, 5-Day (20 Deg. C) -
Concentration (CO310)
Nitrogen, Ammonia Total (as
N) - Concentration (CO610)
Reported
Value Type of Violation
Weekly Average Exceeded
Sincerely,
Cc:WQS Raleigh Regional Office - Enforcement File
Laserfiche
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.
Vanessa E. Manuel, Assistant Regional Supervisorwater Quality
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ
North Carolina Department ol Environmental Quality I Division of Water Resources
Raleigh Regional Office 3800 Barrett Drive I Raleigh, North Carolina 27609
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SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY
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See Reverse tor InstructionsPS Form 3800. April 2015 PS* 753&02-00090<7
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WATER QUALITY REGIONAL OPERATIONS
SECTION
NC DEQ- RALEIGH REGIONAL OFFICE
3800 BARRETT DRIVE
RALEIGH, NC 27609
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■ Attach this card to the back of the mailpiece,
or on the front If space permits._____ ___
1. Article AridrassAd to:
ROY LYNCH, TOWN MANAGER
TOWN OF SILER CITY
PO BOX 769
SILER CITY, NC 27344
NOV 2021 LV 0766/ NOV-INTENT TO ASSESS / 20211018
SILER CITY WWTP / NC00264-11/ CHATHAM COUNTY
REC: 7017 2680 0000 2237 4724 / M 10/13/2021
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ROY LYNCH, TOWN MANAGER
TOWN OF SILER CITY
PO BOX 769
SILER CITY, NC 27344
NOV-2021-LV-0766/ NOV INTENT TO ASSESS / 20211018
SILER CITY WWTP / NC0026441/ CHATHAM COUNTY
REC: 7017 2680 0000 2237 4724 / M 10/13/2021
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■ PS Form 3811, July 2020 PSN 7530-02-000-9053 I
October 13, 2021
Dear Permittee:
Limit Exceedance Violation(s'):
Parameter Date
8/7/2021 Weekly Average Exceeded001 Effluent 7.5 10.5
001 Effluent 8/7/2021 3 13.66 Weekly Average Exceeded
001 Effluent 8/14/2021 7.5 10.35 Weekly Average Exceeded
8/14/2021 Weekly Average Exceeded001 Effluent 3 9.22
Weekly Average Exceeded001 Effluent 8/21/2021 3 8.98
Weekly Average Exceeded8/28/2021 14.5001 Effluent 7.5
A review of the August 2021 Discharge Monitoring Report (DMR) for the subject facility revealed the violation(s)
indicated below:
Sample
Location
Limit
Value
Roy Lynch, Town Manager
Town of Siler City
PO Box 769
Siler City, NC 27344
Certified Mail # 7017 2680 0000 2237 4724
Return Receipt Requested
SUBJECT: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY
Tracking Number: NOV-202l-LV-0766
Permit No. NC0026441
Siler City WWTP
Chatham County
NORTH CAROLINA
Environmental Quality
North Carolina Department ol Environmental QuaEty I Division ol Waler Resources
Raleigh Regional Office 3800 Barrett Drive I Ralcigli North Carolina
019 7914200
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
S. DANIEL SMITH
Director
BOD, 5-Day (20 Deg. C) -
Concentration (CO310)
Nitrogen, Ammonia Total (as
N) - Concentration (CO610)
BODTs-DaypO DegTcP-
Concentration (CO310)
Nitrogen, Ammonia Total (as
N) - Concentration (CO610)
Nitrogen, Ammonia Total (as
N) - Concentration (CO610)
BOD, 5-Day (20 Deg. C) -
Concentration (CO310)
Reported
Value Type of Violation
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: 08-2021 (August 2021)VERSION: 10 STATUS: Submitted
SAMPLING LOCATION: EFFLUENT DISCHARGE NO.: 001 NO DISCHARGE*: NO
50050 00010 00400 50060 CO310 CO6I0 CO530 31616 00300
j
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
Instantaneous Grab Grab Composite Composite GrabGrabCompositeGrab
I FLOW TEMP-C pH NH3-N - Cone TSS - ConeCHLORINEBOD - Cone FCOLI BR DO
2400 cloek Hrs 2400 cloek Hr>Y/B/N mgd deg c mgd mg’l mgd #/100ml mgdugdsu
1.978074524N
24 0745 24 Y 2.101 31 7.9 20 7.30800< 10
0800 24 0745 24 Y 2.336 29 7.7 10.3 9 7.3< 10 11.8
0800 24 0745 24 Y 2.394 28 9.1 7.17.7 < 10
5 0800 24 0745 24 Y 2.229 29 7.8 < 10 12.5 <2.5 249 7.49.2
0800 24 0745 24 N 2.417 29 7.8 < 10 16.4 7.5
0745 24 N 2.461
8 0745 24 N 1.819
0800 24 0745 24 Y 2.054 31 7.8 18.5 2 7.2< 10 8
to 2.439 30 7.3080024074524Y7.8 < 10 5.4
11 0800 24 0700 24 Y 2.427 30 7.6 Hi 12.7 1.5 <2.5 8 7.7
12 2.359 29 6.9 7.20800240745247.7 < 10
13 29080024074524Y2.489 7.7 < 10 13.8 7.2
14 0745 24 N 1.936
15 3.191074524N
16 3.159 7.3080024074524307.5 < 10 6.8
17 4.087 29 <2.5 2 7.80800240745247.5 < 10 5.1 <0.5
18 2.368 27 3.2 7.80800240700247.6 < 10
19 29 7.80800240745242.768 7.7 < 10 9.8 14.6 4.8 2
20 0800 24 0745 24 Y 2.849 29 7.7 < 10 20.3 7.7
21 3.97074524N
22 2.825074524N
23 2.942 30 < 10 16.2 22.4 17.8 10 7.9080024074524Y7.6
24 7.224Y2.8 30 7.4 <10 2.60800240745
25 2.9 <2.5 1 ' 5080024074524Y2.353 31 7.4 < 10 12.8
26 13 7.4080024074524Y2.35 30 7.6 < 10
27 2.694 30 7.6 < 10 21.9 7.4080024074524N
28 2.123074524N
29 N 1.846074524
30 24.8 7.12.151 31 7.7 <10080024074524
31 2.415 31 7.5 <10 15.6 7 1080024074524
Monthly Average Limit:5 30 200
Monthly Average:5.882714 7.4181822.526774 29.636364 0 10.7 11.931818 2.825
Dally' Maximum:
4.087 31 7.9 16.2 24.8 17.8 249 7.90
Daily Minimum:0 0 I 7.11.819 27 7.4 0 5 1
Discharge Monitoring Report - Copy Of Record (COR_NC0026441_Ver_1.0_8_2021.pdf)
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**** No Reporting Reason: ENFRUSE = No Flow-Reusc/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: 08-2021 (August 2021)VERSION: 10 STATUS: Submitted
COMPLIANCE STATUS: Non-Compliant CONTACT PHONE #: [phone] SUBMISSION DATE: 09/27/2021
Electronically Certified by Brittany N York on 2021-09-27 10:47:59.139
ORC/Certifier Signature:Brittany YorkN Phone #:[phone] Date
I certify that this report is accurate and complete to the best of my knowledge.
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
NPDES permit.
2021-09-27 10:48:26.971
Permittee/Submitter Signature:N York Phone #:[phone] Date
Permittee Address: 370 Waste Treatment Plant Rd Siler City NC 27344
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. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for
knowing violations.
CERTIFIED LABORATORIES
LAB NAME: Siler City WWTP Laboratory, Meritech. 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 visiting https://deq.nc.gov/about/divisions/water-resources/edmr/user-documentation .
FOOTNOTES
entire monitoring period.
** ORC on Site?: ORC must visit facility and document visitation of facility as required per 15A NCAC 8G .0204.
.0506(b)(2)(D).
Discharge Monitoring Report - Copy Of Record (COR_NC0026441_Ver_1.0_8_2021.pdf)
Permit Expiration Date: 05/31/2019
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
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 occuned and, as a result, no data is reported for any parameter on the DMR for the
*** 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
* * * Brittany
Electronically Signed by Brittany N York on
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: 08-2021 (August 2021)STATUS: SubmittedVERSION: 1.0
BOD,5-Day weekly limit = 7.5 mg/1 Reported Week 1 = 10.5 mg/1 Week 2 = 10.35 mg/1 Week 4 = 14.5 mg/1
NH3 as N Weekly limit = 3 mg/1 Reported Week 1 = 13.66 mg/1 Week 2 = 9.22 mg/1 Week 3 = 8.98 mg/1 Week 4 = 12.56 mg/1 Week 5 = 20.2 mg/1
BOD, 5-Day Monthly limit = 5 mg/1 Reported = 10.7 mg/1
NH3 as N Monthly limit = 1 mg/1 Reported = 11.93 mg 1
It is believed that these parameters were exceeded due to Mountaire Farms having a maintenance issue with their EQ basin. We had high numbers in our Influent samples. So we
checked all industries and the WTP. We discovered the issue was at Mountaire Farms. I informed the ORC of the Mountaire Farms Pretreatment. Under further investigation they
determined that an air line in their EQ basin was broke. During this time they were sent high amounts of ammonia. We set up a portable sampler and monitored them. They had
air line repaired. The information from our portable sample being on site is below.
MOUNTAIRE FARMS AMMONIA
Grabs
Eff TIME INF COD
30-Jul 94.6 10:00 AM
31-Jul 95 10:30 AM
100 5:00 PM
1-Aug 111 2:00 PM
2-Aug 35 9:00 AM
3-Aug40 9:00 AM 11.1 1158
Composite Sample
4-Aug 32 1 1:45 AM 1366
5-Aug 62 10:00 AM
6-Aug 56.8 10:00 AM 1452
7-Aug 75.8 10:45 AM
8-Aug95.3 11:00 AM
9-Aug 64 11:20 AM 1318
10-Aug 21.2 10:45 AM 1454
H-Aug46.1 10:15 AM 1112
12-Aug 36 10:30 AM
13-Aug36.7 11:00 AM
14-Aug 42.3 9:30 AM
15-Aug54,l 10:15 AM
16-Aug 36.2 10:30 AM
17-Aug 36 10:30 AM
18-Aug28.4 10:15 AM
19-Aug33.2 10:30 AM
20-Aug 42.2 9:30 AM
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: 08-2021 (August 2021)VERSION: 1.0 STATUS: Submitted
A NOV will be issued to Mountaire Farms for exceeding these parameters per their Pretreatment permit.
Also we were still receiving some of the high solids from the WTP containing high amounts of Iron and COD. Synagro hauled for the WTP from 8/31 to 9/15 . We will continue to
work with Synagro to maintain the Lagoon at the WTP.
Permit Enforcement History Details by Owner
Town of Siler CityOwner:
ChathamCounty :
DamagesMR Amount
8/24/99$1,047.73 $0.00 No7/22/99 $1,000.00 $47.73LV-1999-0276
1/10/00$1,297.73 $0.00 No11/29/99 $1,250.00 $47.73LV-1999-0462
$2,297.73 $0 00 No 4/3/002/23/00 $2,250.00 $47.73LV-2000-0055
$1,029.96 $0.00 No 5/25/005/12/00 $1,000.00 $29.96LV-2000-0138
$1,029.96 $0.00 No 10/9/00$1,000.00 $29.96LV-2000-0385 9/7/00
$2,297.73 $0.00 No 10/18/0C10/5/00 $2,250.00LV-2000-0425 $47.73
$1,053.07 $0 00 No 11/28/01$53.07LV-2001-0443 10/30/01 $1,000.00
$0 00 No 1/7/02$303.07LV-2001-052C 12/19/01 $250.00 $53.07
12/2/03$544.00 $0.00 NoLV-2003-0685 3-2003 10/23/03$500.00 $44.00
$2,044.00 $0.00 No 12/2/03LV-2003-0686 4-2003 10/23/03$2,000.00 $44.00
$4,044.00 $0.00 No 12/2/03LV-2003-0687 8-2003 10/23/03$4,000.00 $44.00
$1,537.78 $0.00 No 8/13/18LV-2018-0075 5-2017 4/12/18 $1,500.00 $37.78 $0.00
$1,537.78 $0.00 No 8/13/18LV-2018-0084 11-2017 4/13/18 $1,500.00 $37.78 $0.00
$1,237.78 $0 00 No 1/18/19LV-2018-0193 1-2018 8/8/18 $1,500.00 $37.78 $0.00 8/28/18 12/6/18 $300 00
11/4/20$1,500.00 $41.69 $0.00 8/17/20 9/3/20 $300.00 $1,241.69 $0.00 NoLV-2020-0127 11-2019 7/1/20
8/12/20 11/5/20 $0.00 $1,541.69 NoLV-2020-0194 3-2020 7/14/20 $1,500.00 $41.69 $0.00
Facility :
Permit:
Region :
Case
Number
Penalty
Assessment
Approved
Penalty Enforcement
Amount Costs
Remission
Request
Received
Total
Paid
Balance
Due
Has
Pmt
Plan
Case
Closed
Enf
Conf
Held
11/22/2021
1
Siler City WWTP
NC0026441
Raleigh
Enf EMC
Remission Hearing
Amount Held
EMC OAH Collection
Remission Remission MemoSent
Amount Amount To AGO
$2,541.69 $0.00 No 12/2/20$41.69 $0.0010/12/20$2,500.00LV-2020-0292 4-2020
12/2/20$4,291.69 $0.00 No$0.0010/17/20$4.250.00 $41.69LV-2020-0294 5-2020
$8,543.95 $0.00 No 3/30/21$0.00$0.00 12/23/203/4/2111/21/20 $8,500.00 $43.95LV-2020-0338 6-2020
$1,543.59 $0.00 No 3/9/21$43.59 $0.002/15/21 $1,500.00LV-2021-0031 7-2020
$0.00 No 9/27/21$20,043.95$43.95 $0.00PC-2020-004'8/27/21 $20,000.00
$18,481.09 No$0.0011/15/21 $18,437.50 $43.59LV-2021-027S 2-2021
$6,918.59 No$43.59 $0.00LV-2021-0338 3-2021 11/18/21 $6,875.00
$981.09 No11/19/21 $937.50 $43.59 $0.00LV-2021-0339 4-2021
Total Balance Due : $27,922.46Sum Of Total Paid: S59,508.88Total Enforcement Cost: SI ,031.34Total Penalty Amount: $87,00024Total Cases:
Total Penalties After Remissions : $87,431.34Sum of Total Case Penalties: $88,031.34
7-3-1
11/22/2021
2
cfl
December 15, 2021
SUBJECT:
Dear Permittee:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $16,293.59 ($16,250.00 civil
penalty + $43.59 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 August 2021. 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 August 2021, are summarized in Attachment A to this letter.
Certified Mail # 7017 2680 0000 2237 2584
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-2021-0342
Chatham County
Nr>ifl>C.irollna0r->jnniem olFmiromnentalQonliiy I CMvisInn ot Wmtr Rc<«i’ry«
R.itewjh Rnjlon.il QFficr 34>OO Barrett Drive Raleigh North Carolina 27BO9
>«l420f>
VMU -SAROY COOPER
Governor
ELIZABETH S. BISER
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).
NOR ^ROLINA
Environmental Quality
$3,750.00
$3,750.00
$5,000.00
TOTAL AMOUNT DUE
(1)
(8)
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.l(b), which are:
(2)
(3)
(4)
(5)
(6)
(7)
1 of 1 violation 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
3 of 3 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-Day (20 Deg. C)
- Concentration
1 of 1 violation 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
4 of 4 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
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.
TOTAL CIVIL PENALTY
Enforcement Costs
$16,250.00
$43.59
$16,293.59
Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the
Secretary of the Department of Environmental Quality and the Director of the Division of Water Resources, I, Scott
Vinson, Regional Supervisor, Raleigh Regional Office hereby make the following civil penalty assessment against Town
of Siler City:
$3,750.00
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:
(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.
Wastewater Branch
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
Both fonns should be submitted to the following address:
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.
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.
Mr. William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, North Carolina 27699-1601
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 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.”
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 §1508-23.2) is received in the
Office of Administrative Hearings within seven (7) business days following the faxed or electronic transmission. You
should contact the Office of Administrative Hearings with all questions regarding the filing fee and/or the details of the
filing process.
6714 Mail Service Center
Raleigh, NC 27699 6714
Tel: [phone]
Fax: [phone]
Option 3: File a petition for an administrative hearing with the Office of Administrative Hearings:
Sincerely,
ATTACHMENTS
Cc:
If you have any questions, please contact Cheng Zhang with the Division of Water Resources staff of the Raleigh Regional
Office at [phone] or via email at [e-mail].
WQS Raleigh Regional Office - Enforcement File
Laserfiche
Scott Vinson, Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ
JUSTIFICATION FOR REMISSION REQUEST
County: Chatham
$16.293.59Amount Assessed:
(d) the violator had not been assessed civil penalties for any previous violations;
EXPLANATION:
Case Number:
Assessed Party:
Permit No.:
Please use this form when requesting remission of this civil penalty. You must also complete the "Request for Remission,
Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form to request remission of this civil penalty.
You should attach any documents that you believe support your request and are necessary for the Director to consider in
evaluating your request for remission. Please be aware that a request for remission is limited to consideration of the five
factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting
remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual
statements contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 143B-282.1(c), remission of a civil
penalty may be granted only when one or more of the following five factors apply. Please check each factor that you
believe applies to your case and provide a detailed explanation, including copies of supporting documents, as to why the
factor applies (attach additional pages as needed).
(a) one or more of the civil penalty assessment factors in N.C.G.S. 143B-282.1(b) were wrongfully applied to the
detriment of the petitioner (the assessment factors are listed in the civil penalty’ assessment document);
(b) the violator promptly abated continuing environmental damage resulting from the violation (/.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 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-2021-0342
Town of Siler City
NC0026441
STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
COUNTY OF CHATHAM
PERMIT NO. NC0026441 CASE NO.LV-2021-0342
This the day of , 20
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 $16,293.59 for violation(s) as set forth in the assessment document of the
Division of Water Resources dated December 15, 2021, 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.
)
)
)
)
)
)
)
WAIVER OF RIGHT TO AN
ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
ATTACHMENT A
Town of Siler City
LV-2021-0342CASE NUMBER:
REGION: RaleighNC0026441PERMIT:
COUNTY: ChathamFACILITY: Siler City WWTP
LIMIT VIOLATION(S)
SAMPLE LOCATION:Outfall 001 - Effluent
Frequency
$1,250.0040.02 X week mg/l 7.50 10.58/7/2021 8-2021
$1,250.007.50 10.35 38.08/14/2021 8-2021 2 X week mg/l
$1,250.0093.32 X week mg/l 7.50 14.58/28/2021 8-2021
$3,750.0010.7 114.08/31/2021 8-2021 2 X week mg/l 5
$1,250.008/7/2021 8-2021 5 X week mg/l 3 13.66 355.3
$1,250.008/14/2021 8-2021 5 X week mg/l 3 9.22 207.3
$1,250.008/21/2021 8-2021 5 X week mg/l 3 8.98 199.3
$1,250.008/28/2021 8-2021 mg/l5 X week 3 12.56 318.7
$3,750.008/31/2021 8-2021 5 X week mg/l 1 11.93 1,093.2
BOD, 5-Day (20 Deg.
C) - Concentration
Violation
Date
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
Nitrogen, Ammonia
Total (as N) -
Concentration
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
Weekly
Average
Exceeded
Monthly
Average
Exceeded
Weekly
Average
Exceeded
Weekly
Average
Exceeded
Weekly
Average
Exceeded
Monthly
Average
Exceeded
Violation
Type
Penalty
Amount
Report
Month/Yr. Parameter
DIVISION OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT
ASSESSMENT FACTORS
1)
2)
3)
4)
5)
6)
7)
8)
$43.59
Date Scott Vinson, Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ
Violator: Town of Siler City
Facility Name: Siler City WWTP
Permit Number: NC0026441
County: Chatham
Case Number: LV-2021-0342
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;
No known damage to the environment, public health or private property. However, discharging effluent exceeding permit limits
increases risk of adverse impacts to waters of the statq. ovG
The duration and gravity of the violation; 5 .
BOD was exceeded 40°o, 38% and 93.3% above the weekly average limit on August 7, 14 & 28, 2021 respectively, and 114% above
the monthly average limit on August 31,2021. Ammonia Nitrogen was exceeded 355.3%, 207.3%, 199.3% and 318.7% above the
weekly average limit on August 7, 14,21 & 28, 2021 respectively, and 1093.2% above the monthly average limit on August 31, 2021.
The effect on ground or surface water quantity or quality or on air quality;
The receiving stream for the authorized effluent discharge is Loves Creek, classified as C waters in the Cape Fear River Basin. The
effects on water quantity or quality because of these permit limit exceedances include increased risk to impact waters of the state,
The cost of rectifying the damage; ' ' - U - - ‘ 0 i .
The cost of rectifying the damage is not documented.
The amount of money saved by noncompliance;
It is not believed that any money was saved by these violations.
Whether the violation was committed willfully or intentionally;
It is not believed that the violations were 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
There have been five prior penalty assessments issued to the permittee for violations occurring at the Siler City WWTP.
The cost to the St. : e of the enforcement procedures.
DIVISION OF W/kTER RESOURCES - CIVIL PENALTY ASSESSMENT
ASSESSMENT FACTORS
1)
caC/1
2)
3)
4)
5)
6)
7)
The cost to the State of the enforcement procedures.8)
$43.59
The amount of money saved by noncompliance;
It is not believed that any money was saved by these violations.
The prior record of the violator in complying or failing to comply with programs over which the
Environmental Management Commission has regulatory authority; and
There have been five prior penalty assessments issued to the permittee for violations occurring at the Siler City WWTP.
Whether the violation was committed willfully or intentionally;
It is not believed that the violations were committed willfully or intentionally.
Scott Vinson, Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ
Date
The duration and gravity of the violation;
BOD was exceeded 40%, 38% and 93.3% above the weekly average limit on August 7. 14 & 28, 2021 respectively, and 114% above
the monthly average limit on August 31,2021. Ammonia Nitrogen was exceeded 355.3%, 207.3%, 199.3% and 318.7% above the
weekly average limit on August 7, 14. 21 & 28. 2021 respectively, and 1093.2% above the monthly average limit on August 31, 2021.
V iolator: Tow n of Siler City
Facility Name: Siler City WWTP
Permit Number: NC0026441
The effect on ground or surface water quantity or quality or on air quality ;
The receiving stream for the authorized effluent discharge is Loves Creek, classified as C waters in the Cape Fear River Basin. The
effects on water quantity or quality because of these permit limit exceedances include increased risk to impact waters of the state,
The cost of rectifying the damage; C U i o |y|4pA,/’)
The cost of rectifying the damage is not documented.
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;
No known damage to the environment, public health or private property. However, discharging effluent exceeding permit limits
increases risk of adverse impacts to waters of the statq. C_ 9, J
County: Chatham
Case Number: LV-2021-0342