NC0020354_Enforcement (Letter)_20190729

ROY COOPER
cmernor
MICHAEL S. REGAN
5eurrary
LINDA CULPEPPER
UrrrYrnr
Certified Mail # 70172680000022360765
Return Receipt Requested
Bryan Gruesbeck, Town Manager
Town of Pittsboro
PO Box 759
Pittsboro, NC 27312-0759
NORTH CAROLINA
Environmental Quality
July 29, 2019
SUBJECT: 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. NCO020354
Town of Pittsboro
Pittsboro WWTP
Case No. LV-2019-0177
Chatham County
Dear Permittee:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $1,539.64 ($1,500.00 civil
penalty + $39.64 enforcement costs) against Town of Pittsboro.
This assessment is based upon the following facts: a review has been conducted of the Discharge Monitoring Report
(DMR) submitted by Town of Pittsboro for the month of December 20I8. 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. NC0020354.
The violations, which occurred in December 2018, are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that Town of Pittsboro violated the terms, conditions or
requirements of NPDES WW Permit No. NCO020354 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).
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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, Rick
Bolich, L.G., Assistant Supervisor, Raleigh Regional Office hereby make the following civil penalty assessment against
Town of Pittsboro:
1 500.00 I of 1 violations of G.S. 143-215. 1 (a)(6) and Permit No. NC0020354, by discharging waste water
into the waters of the State in violation of the Permit Monthly Average for Flow, in conduit or thru
treatment Plant
0.00 0 of l violations of G.S. 143-215. 1 (a)(6) and Permit No. NC0020354, by discharging waste water
into the waters of the State in violation of the Permit Weekly Average for Nickel, Total (as Ni)
$1.500.00 TOTAL CIVIL PENALTY
39.64 Enforcement Costs
1 539.64 TOTAL AMOUNT DUE
Pursuant to G.S. I43-215.6A(c), in determining the amount of the penalty I have taken into account the Findings of Fact and
Conclusions of Law and the factors set forth at G.S. 143B-282.I (b), which are:
(1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property
resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs over which the Environmental
Management Commission has regulatory authority; and
(8) The cost to the State of the enforcement procedures.
Within thirty (30) days of receipt of this notice, you must do one of the following:
(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 1: Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environmental Quality (do not include ivaiver
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:
Wastewater Branch
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617

Option 2: Submit a written request for remission or mitigation including a detailed justification for such
request:
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:
(I) whether one or more of the civil penalty assessment factors in NCGS 143B-282.I (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.
In order to request remissionyou must complete and submit the enclosed "Request for Remission of Civil Penalties
Waiver of Rijzht to an Administrative Hearing, and Stil2ulation of Facts" form within thin 30 days of receipt of this
notice. The Division of Water Resources also reguests that you complete and submit the enclosed "Justification for
Remission Reguest,"
Both forms should be submitted to the following address:
Wastewater Branch
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617

Option 3: _ File a petition for an administrative hearing with the Office of Administrative Hearings:
If you wish to contest any statement in the attached assessment document you must file a petition for an administrative
hearing. You may obtain the petition form from the Office of Administrative Hearings. You must file the petition with
the Office of Administrative Hearings within thirty (30) days of receipt of this notice. A petition is considered filed
when it is received in the Office of Administrative Hearings during normal office hours. The Office of Administrative
Hearings accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for official state
holidays. The petition may be filed by facsimile (fax) or electronic mail by an attached file (with restrictions) - provided
the signed original, one (1) copy and a filing fee (if a filing fee is required by NCGS §150B-23.2) is received in the
Office of Administrative Hearings within seven (7) business days following the faxed or electronic transmission. You
should contact the Office of Administrative Hearines with all guestions regarding the filing fee and/or the details of the
filing process.
The mailing address and telephone and fax numbers for the Office of Administrative Hearings are as follows:
6714 Mail Service Center
Raleigh, NC 27699 6714
Tel: [phone]
Fax: [phone]
One (1) copy of the petition must also be served on DEQ as follows:
Mr. William F. Lane, General Counsel
Department of Environmental Quality
I601 Mail Service Center
Raleigh, North Carolina 27699-1601
Please indicate the case number (as found on page one of this letter) on the petition.
Failure to exercise one of the options above within thirty (30) days of receipt of this letter, as evidenced by an internal
date/time received stamp (not a postmark), will result in this matter being referred to the Attorney General's Office for
collection of the penalty through a civil action. Please be advised that additional penalties may be assessed for violations
that occur after the review period of this assessment.
If you have any questions, please contact Cheng Zhang with the Division of Water Resources staff of the Raleigh Regional
Office at [phone] or via email at [e-mail].
Sincerely,
z�//�
Rick Bolich, L.G., Assistant Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ
ATTACHMENTS
Cc: WQS Raleigh Regional Office - Enforcement File
NPDES Compliance/Enforcement Unit - Enforcement File
Central Files

ATTACHMENT A
Town of Pittsboro
CASE NUMBER: LV-2019-0177
PERMIT: NCO020354
FACILITY: Pittsboro WWTP
LIMIT VIOLATION(S)
SAMPLE LOCATION: Outfall 001 - Effluent
REGION: Raleigh
COUNTY: Chatham
Violation
Report
Unit of
Limit
Calculated % Over
Violation
Date
Month/Yr
Parameter
Frequency Measure
Value
Value Limit
Type
12/31/2018
12-2018
Flow, in conduit or thru
Continuous mgd
0.75
0.832 11.0
Monthly
treatment plant
Average
Exceeded
12/29/2018
12-2018
Nickel, Total (as Ni)
Weekly ugll
25
63.5 154.0
Weekly
Average
Exceeded
Penalty
Amount
$1,500.00
$0.00

Case Number:
Assessed Party:
Permit No.:
JUSTIFICATION FOR REMISSION REQUEST
LV-2019-0177
Town of Pittsboro
NC0020354
County: Chatham
Amount Assessed: $1,539.64
Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission,
Maiver of Right to an Administrative Hearing, and Stipulation of Facts" form to request remission of this civil penalty.
You should attach any documents that you believe support your request and are necessary for the Director to consider in
evaluating your request for remission. Please be aware that a request for remission is limited to consideration of the five
factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting
remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual
statements contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 14313-282. 1 (c), remission of a civil
penalty maybe 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. 143E-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 rook to correct the violation and prevent feeture occurrences);
(c) the violation was inadvertent or a result of an accident (Le., explain a-hv the violation it -as unavoidable or
something you could not prevent or prepare for);
(d) the violator had not been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions (i.e., e_yplain
hotiu payment of the civil penalty ivill prevent yore from pen forming the activities necessary to achieve
compliance).
EXPLANATION:

STATE OF NORTH CAROLINA
COUNTY OF CHATHAM
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST
Town of Pittsboro
Pittsboro WWTP
PERMIT NO. NCO020354
DEPARTMENT OF ENVIRONMENTAL QUALITY
WAIVER OF RIGHT TO AN
ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
CASE NO. LV-20I9-0177
Having been assessed civil penalties totaling 11,539.64 for violation(s) as set forth in the assessment document of the
Division of Water Resources dated July 29.2019, the undersigned, desiring to seek remission of the civil penalty, does
hereby waive the right to an administrative hearing in the above -stated matter and does stipulate that the facts are as
alleged in the assessment document. The undersigned further understands that all evidence presented in support of
remission of this civil penalty must be submitted to the Director of the Division of Water Resources within thirty (30) days
of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after (30) days
from the receipt of the notice of assessment.
This the
day of
ADDRESS
TELEPHONE
SIGNATURE
20