NC0026441_LV-2018-0075 Remission Request_20180629

ROY COOPER
i;-. Govern
MICHAEL S. REGAN
Secte#ny
Water Resources LINDA CULPEPPER
ENVIRONMENTAL QUALITY Intern),Director
June 29, 2018
Mr. Bryan Thompson, Town Manager
Town of Siler City
PO Box 769
Siler City,NC 27344
Subject: Civil Penalty Remission Request
Siler City WWTP
NPDES Permit NC0026441
Case Numbers LV-2018-0075 and
LV-2018-0084
Chatham County
Dear Mr. Thompson:
This letter is to acknowledge your request for remission of the civil penalty levied against the
subject facility. Unfortunately, the Division received the request after the allotted thirty(30)
days from your receipt of the assessment. Therefore, the request for remission cannot be
accepted. Please find attached the originally submitted request for remission.
If you have any questions about this matter,please contact me at(919) 807-6333 or via e-mail at
[e-mail].
Sincerely,
&/‘
Brianna Young, Environmental Specialist II
Compliance&Expedited Permitting Unit
Division of Water Resources, DEQ
cc: Enforcement File
NPDES Program Files
Central Files
Raleigh Regional Office
State of North Carolina I Environmental Quality I Water Resources
1617 Mail service Center I Raleigh,North Carolina 27699-1617
919 707 9000

• 15'1117," 0-A C Dept of Environmental Quality
' _ MAY 3 n 2O1
Tani of ! iter City RaleighRegional Office
Town Manager's Office
May 17, 2018
Danny Smith, Regional Supervisor
Raleigh Regional Office
Division of Water Resources, NCDEQ
1628 Mail Service Center
Raleigh, N.C. 27699-1628
Subject: Notice of Violation and Assessment of Civil Penalty
For Violation of North Carolina General Statute (G.S.) 143-215.1(a)(6)
And NPDES WW Permit No. NC0026441
Town of Siler City WWTP Case No. LV-2018-0075 and Case No. LV-2018-0084
Chatham County
Dear Sir,
This letter is a request for remission of civil penalties assessed to the Town of Siler City for Permit violations as
stated in Case No. LV-2018-0075 and Case No. LV-2018-0084.
Justification for remission Request:
(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);
(1) The Town feels these penalties would have never occurred had the Permitting Unit reviewed and acted
upon our request to have Cadmium removed from our permit as stated in our permit NC0026441 A. (6)
COMPLIANCE SCHEDULE FOR TOTAL CADMIUM LIMITS, if 12 monthly data points for cadmium are less
than 2.0 ug/I, we may petition the Division for this removal. (Submission letter dated June 11, 2015 and
corresponding emails are attached to this letter).
(c) The violation was inadvertent or a result of an accident(i.e. explain why the violation was unavoidable or
something you could not prevent or prepare for);
(1) We have conducted many samplings out in our system in an effort to narrow down its location.With the
inconsistency of its appearance in our system we have not been able to find the source of the Cadmium.
(Sample data is attached)
Bryan T Thompson
Town Manager [e-mail]
PO Box 769 0 311 N Second Avenue Phone:[phone]•Fax:[phone]
Siler City,NC 27344-0769 www.silercity.org
To advance a framework for our success through balanced governance,dynamic partnerships,and an engaged community.

(2) With no luck in finding the source we turned our effort to trying to remove the Cadmium from our
system. We meet with our engineer and a couple chemical companies looking for the best way to
remove Cadmium that would also help us better our process with out breaking the bank.After multiple
jar test, we have determined that an emulsion polymer will aide in removal of the Cadmium from our
system.
We have recently set this up in our plant and it went online 05/04/2018. We are optimistic about this
and are hoping for good results.
(d) the violator had not been assessed civil penalties for any previous violations;
(1) The town had previous violations in April of 2016 and April 2017 and was not assessed a civil penalty.
We are working to resolve this issue and any guidance that the state can provide would be greatly appreciated.
With Best Regards,
Bryan T.Thompson
Town Manager

'NC DepgofEnvironmental Quality
JUSTIFICATION FOR REMISSION REQUEST
MY 2018
Case Number: LV-2018-0075 County: liG11aE o 'eglona1 Office
Assessed Party: Town of Siler City
Permit No.: NC0026441 Amount Assessed: $1,537.78
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).
t/ (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 jbetors arc listed in the civil penalty assessment document);
(b) the violator promptly abated continuing environmental damage resulting from the violation(i.e., explain the
steps that you took to correct the violation and prevent.f tur occurrences);
1` (c) the violation was inadvertent or a result of an accident(i.e., explain why the violation was unavoidable or
something you could not prevent or prepare for);
I/ (d) the violator had not been assessed civil penalties for any previous violations;
___ (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions (i.e., explain
how payment of the civil penalty will prevent youfrom rom performing the activities necessal y to achieve
compliance).
EXPLANATION:

ATTACHMENTA
Town of Slier City
CASE NUMBER: LV-2018-0075
3ERMIT: NC00264-41 REGION: Raleigh
=ACILITY: Slier City WWTP COUNTY: Chatham
LIMIT VIOLATION(S)
SAMPLE LOCATION: Outfall 001 -Effluent
Violation Report Unit of Limit Calculated %Over Violation Penalty
Date Month/Yr Parameter Frequency Measure Value Value Limit Type Amount
5/31/2017 5-2017 BOD,5-Day(20 Deg. 2 X week mg/I 5 5.18 3.6 Monthly $0.00
C)-Concentration Average
_ _ Exceeded
5/31/2017 5-2017 Cadmium,Total(as Monthly ug/I 2.10 5 138.1 Monthly $1,500.00
Cd)
Average
Exceeded

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
COUNTY OF CHATHAM
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND
) STIPULATION OF FACTS
Town of Slier City )
Slier City WWTP )
)
PERMIT NO.NC0026441 ) CASE NO. LV-2018-0075
Having been assessed civil penalties totaling 51,537.78 for violation(s)as set forth in the assessment document of the
Division of Water Resources dated April 12, 2018, the undersigned, desiring to seek remission of the civil penalty, does
hereby waive the right to an administrative hearing in the above-stated matter and does stipulate that the facts are as
alleged in the assessment document. The undersigned further understands that all evidence presented in support of
remission of this civil penalty must be submitted to the Director of the Division of Water Resources within thirty (30) days
of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after(30)days
from the receipt of the notice of assessment.
This the 30th day of April 20 18
SIGNA"PURE
ADDRESS
Town of Siler City
PO Box 769
Siler City, NC 27344
TELEPHONE
919-742-2323

• • . , VTC Dept DeEnvironmental Quality
JUSTIFICATION FOR REMISSION REQUEST MAY •J Li 2018
Case Number: LV-2018-0084 County: Chatha�mleigh Regional Office
Assessed Party: Town of Siler City
Permit No.: NC0026441 Amount Assessed: SI 537.78
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(i.e., explain the
steps that you took to correct the violation aril prevent future occurrences);
h7 (c) the violation was inadvertent or a result of an accident(i.e., explain why the violation was unavoidable or
something you could not prevent or prepare for);
f (d) the violator had not been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions(i.e., explain
how payment of the civil penalty will prevent you front peifor•ming the activities necessary to achieve
compliance).
EXPLANATION:

•
•
ATTACHMENT A
Town of Slier City
CASE NUMBER: LV-2018-0084
'ERMIT: NC0026441 REGION: Raleigh
=AGILITY: Slier City VW/TP COUNTY: Chatham
LIMIT VIOLATION(S)
SAMPLE LOCATION: Outfall 001 -Effluent
Violation Report Unit of Limit Calculated %Over Violation Penalty
Date Month/Yr Parameter Frequency Measure Value Value Limit Type Amount
11/30/2017 11-2017 Cadmium,Total(as Monthly ug/I 2.10 5 138.1 Monthly $1,500.00
Cd) Average
Exceeded

C o
STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
COUNTY OF CHATHAM
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND
) STIPULATION OF FACTS
Town of Siler City )
Siler City WWTP )
)
PERMIT NO.NC0026441 ) CASE NO. LV-2018-0084
Having been assessed civil penalties totaling SI 537.78 for violation(s) as set forth in the assessment document of the
Division of Water Resources dated April 13. 2018, the undersigned, desiring to seek remission of the civil penalty, does
hereby waive the right to an administrative hearing in the above-stated matter and does stipulate that the facts are as
alleged in the assessment document. The undersigned further understands that all evidence presented in support of
remission of this civil penalty must be submitted to the Director of the Division of Water Resources within thirty(30)days
of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after(30) days
from the receipt of the notice of assessment.
This the 30th day of April
, 2018
SIGNATURE
ADDRESS
Town of Siler City
PO Box 769 --- _____.. -
Slier City NC, 27344
TELEPHONE
919-742-2323