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HomeMy WebLinkAboutNCS000445_WB Annual Report NOV-2019-PC-0740_20191115ROY COOPER Governor MICHAEL S. REGAN Secretary S. DANIEL SMITH Director NORTH CAROLINA Environmental Quality November 15, 2019 CERTIFIED MAIL 9590 9402 5137 9092 5763 90 RETURN RECEIPT REQUESTED Town of Wrightsville Beach Attn: Tim Owens, Town Manager 321 Causeway Drive Wrightsville Beach, NC 28480 Subject: NOTICE OF VIOLATION (NOV-2019-PC-0740) Town of Wrightsville Beach NPDES MS4 Permit No. NCS000445 New Hanover County Dear Mr, Owens: In accordance with the Town of Wrightsville Beach (Town) National Pollution Discharge Elimination System (NPDES) Municipal Separate Storm Sewer System (MS4) Permit, an annual report was due on or before October 31, 2019 [Ref. Permit Part IV.B.I]. To date, the North Carolina Department of Environmental Quality (DEQ) has not received the required annual report. Failure to submit the required report constitutes a violation of the permit and the Clean Water Act, and is grounds for enforcement action. To address this MS4 Permit deficiency, the Town is required to complete the following actions: (1) Submit the required annual report for review within thirty (30) calendar days from the date of receipt of this notice, The Town has two options for submitting the required report: a. Submit a narrative report that complies with Part IV.B.1 of the permit, or b. Submit a Basinwide Information Management System (BIMS) Stormwater Management Program Assessment (SWMPA) in accordance with Part IV.B.3 of the permit. The BIMS SWMPA login portal, instructions and a comprehensive list of SWMPA questions can be found on DEQ's NPDES MS4 Permitting web page at https://deq.nc.gov/sw. Required documentation shall be submitted via e-mail to Jeanette.Powell@ncdenr.gov, or to: DEQ-DEMLR Stormwater Program Attn: Jeanette Powell 1612 Mail Service Center Raleigh, NC 27699-1612 North Carolina Department of Environmental Quality I Division of Energy, Mineral and Land Resources 512 North Salisbury Street 11612 Mail Service Center I Raleigh, North Carolina 27699-1612 Hon„+cur w. V 919.707.9200 If the Town fails to meet the aforementioned requirements, then DEQ may proceed with enforcement. As is stated in Part V, Section A.1(c) of the permit: Under state law, a daily civil penalty of not more than twenty-five thousand dollars ($25, 000) per violation may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of a permit [Ref. North Carolina General Statute 143-215.6A]. Please note that compliance with the requirements of this NOV and/or issuance of civil or criminal penalties levied by DEQ does not preclude the EPA from carrying out its own enforcement case against the permittee. Thank you for your prompt attention to this matter. Should you have any questions, please contact me at (919) 707-3620 or Jeanette.Powell(d�ncdenr.gov. S�ince�rely, Je2nette Powell MS4 Program Coordinator Cc: Alaina Morman, DEMLR Stormwater Compliance & Enforcement Dan Sams, Wilmington Regional Office DEMLR NPDES MS4 Permit Laserfiche File