NC0088684_NOV-2020-LV-0862_20200922

ROY COOPER
Cove wr
MICHAEL S. REGAN
Secr&ary
S. DANIEL SMITH
fNreetarr
Certified Mail # 7018 0360 0002 2099 7149
Return Receipt Reauested
James Hoffman, Director Executive Interim
Daniel Jonathan Stowe Conservancy
6500 S New Hope Rd
Belmont, NC 28012
NORTH CAROLINA
En viraninen tat Quality
September 22, 2020
SUBJECT: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY
Tracking Number: NOV-2020-LV-0682
Permit No. NCO088684
Daniel Stowe Botanical Garden WTP
Gaston County
Dear Mr. Hoffman:
A review of the July 2020 Discharge Monitoring Report (DMR) for the subject facility revealed the violation(s)
indicated below:
Limit Exceedance Violation(s):
Sample
Location Parameter
Limit Reported
Date Value Value Type of Violation
001 Effluent Solids, Total Dissolved (70295) 7/22/2020 500 804 Daily Maximum Exceeded
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.
No rth Caroiina department of E nvuon raenta Quairty I Dimsoo of Water Resources
ME Mooresville Regiaas! Office 1610 Es3 Center Avenue, Suite 3011 Mooresvlie, North Garoiina 28115
�L f •'— 7fA-6 3-1e8f}

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.
If you have any questions concerning this matter or to apply for an SOC, please contact Ori Tuvia of the
Mooresville Regional Office at 704-663-1699.
Sincerely,
DocuSigned by:
A14CC681 AF27425...
W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Division of Water Resources, NCDEQ
Cc: WQS Mooresville Regional Office - Enforcement File
NPDES Compliance/Enforcement Unit - Enforcement File
North Carolina Depart mentof Env:ronrnents!Quality I Div -so a of Water Resoumes
Woo resv-17eReg*m-Office 1 610 Ea2l CeDler Ave rkae,Saae3011 WcoresvihE, North Qtrohrha 28115