NC0021504_NOV-2019-PC-0024_20200520

ROY COOPER
Qovemor
1 IICHAEL S. RECAN
Secretary;
S. DANIEL. SMITH
Direcror'
NORTH CAROUNA
Environment( Quality'
May 19th, 2020
Certified Mail#:.7019 0700 0000 3643 0703
Return Receipt Requested
Sam Stewart, Public Works Director
Town of Biscoe
PO Box 1228
Biscoe, NC 27209
SUBJECT: Notice of Violation/Notice of Intent to Enforce (NOV/NOI)
NOV-2020-PC-024
Pretreatment Annual Report Review
Failure to Enforce Enforcement Response Plan
Town of Biscoe (NPDES Permit Number:NC0021504)
Montgomery County
Dear Mr. Stewart:
The Division,of Water Resources (DWR) has determined that the Town's"Pretreatment Program has failed
to meet the minimum requirements as specified in- 15A NCAC 2H .0905, 40 CFR 403.8(f)(5), and NPDES
permit conditions Part IV, Section D.9. Specifically, the Town has failed to take appropriate enforcement
actions against its Significant Industrial user.
Fayetteville Regional Office staff have reviewed Town of Biscoe's Pretreatment Annual Report (PAR) for
the reporting period of January through December 2019. The Town has completed the PAR in accordance
with 15A NCAC 2H .0908(b) requirements and guidelines set forth in the Comprehensive Guidance for
North Carolina Pretreatment Programs.
Based on the PAR review, a Notice of Violation (NOV/NOI) is being issued due to the Town's failure to
properly implement its Pretreatment Program. Specifically, the Town did not adequately implement its
Division approved Enforcement Response Plan (ERP) for limits violations by Carolina Dairy (IUP #001) in
2019.
&oith Cgrgii na Department of Emironrn=ntai Que.lt DiVison of Viat=r Res w s
Favettavi6t RegnnalOffice *treet, Suate 714 I Farettewile,,'Ninth Cgrotine:23301
810-433-3300

• Carolina Dairy had 24 limits violations in 2019 (9 BOD, 8 TSS, and 7 pH) and was in Significant
Non -Compliance (SNC) for BOD for both 6 month periods of the year. The Town's ERP indicates
that NOVs for limits violations will be sent within 30 days of receiving all data. While violations
occurred in February through December of 2019, only one NOV summarizing all violations was
issued by the Town on March 1st, 2020.
• The Town's ERP indicates that escalatory actions, including civil penalties and enforceable
schedules, should be implemented for SIUs with repeat limits violations. Specifically, an
enforceable schedule should be enacted if SNC limits violations are not resolved by the end of
the 2nd six-month annual period. Carolina Dairy was in SNC for both 6 month periods of 2019.
According to the 2019 PAR, no enforceable schedule or penalties were brought by the town
against the SIU.
To prevent further action, carefully review the followings and respond in writing to this office within 60
days of receipt of this letter:
• The causes of noncompliance and all actions that will be taken to prevent the recurrence of similar
situations in future.
• The status of Carolina Dairy pretreatment updates to DAF system.
• Updates on schedule of consent order between the Town and Carolina Dairy, if any.
• The Town's detailed action plan to resolve the industry's on -going non-compliance status.
The Division is considering recommending to the Director that further enforcement actions be taken,
including penalty assessments. If you have any supporting documents as to why further action should not
be taken, please provide that information in the required response.
If you should have any questions, please do not hesitate to contact Kristen Slodysko with the Water
Quality Regional Operations Section in the Fayetteville Regional Office at 910-433-3300 or via email at
[e-mail].
Sincerely,
Do-c_uS, igLned�by:
� Q
5189C2 =5C42B...
Trent Allen, Supervisor
Water Quality Regional Operations Section
Fayetteville Regional Office
Division of Water Resources, NCDEQ
EC:
Monti Hassan, DEQ PERCS
Lisa Osthues, Biscoe Pretreatment Consultant
Kristen Slodysko, FRO
E N-DrtF. �,s rD .r.s Department of Env ronrner..ta: Qua!!ty I U usbrp of Water Resources
Fsyatts a Fi=g'op.a:Offte 1 2.253re2r.Street,SuRe 714 1 Fayetteu0e, North Caro!:ns23301

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NCDEQ — FAYETTEVILLE REGIONAL OFFICE
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FAYETTEVILLE NC"2`83'6? '-
MAY 2 3 2020
DEQ-FAYETTEVILLE REGIONAL OFFICE
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SAM STEWART, PUBLIC WORKS
TOWN OF BISCOE
PO BOX 1228
BISCOE, NC 27209
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9590 9402 5233 9122 3022 75
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