NC0050661_NOV-2021-DV-0431_20211007

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
S. DANIEL SMITH
Director
NORTH CAROLINA
Environmental Quality
CERTIFIED MAIL 7020 3160 0000 2219 3150
RETURN RECEIPT REQUESTED
October 7, 2021
Eric Johnson, Mayor
Town of Macclesfield
PO Box 185
Macclesfield, NC 27852-0185
SUBJECT: NOTICE OF VIOLATION — NOV-2021-DV-0431
Intent to Assess CIVIL PENALTIES
For Unauthorized Bypass
Macclesfield WWTP
NPDES Permit: NC0050661
Edgecombe County
Mayor Johnson:
A review has been conducted of the self -reporting Bypass 5-Day report submitted by Benjamin Lassiter
on August 05, 2021. The Division of Water Resources (DWR)'s Raleigh Regional Office concludes that
the unauthorized bypass violated G.S. 143-215.1(a)(1) and Permit Condition Part II Section C (4) (c) of
NPDES Permit NC0050661.
Specific activities in violation of State Law include the following:
Total Vol
Total Surface
Incident Start Vol Water
Number Date Location Cause (Gals) (Gals)
202101682 8/04/2021 Macclesfield WWTP Bypass tertiary filters 654,000 654,000
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 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.
This office requests that you respond to this Notice, in writing, within ten (10) business days after
receipt. A review of your response will be considered along with any additional information provided in
the submitted report. You will then be notified of any civil penalties that may be assessed regarding the
North Carolina Department of Environmental Quality I Division of Water Resources
Raleigh Regional Office 13800 Barrett Drive I Raleigh. North Carolina 27609
919.791.4200

violations. If no response is received in this Office within the l0-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.
If you have any questions about this letter, please contact Mitchell Hayes of the Raleigh Regional Office
at 919.791.4200.
cc: NPDES Program Files - Laserfiche
Raleigh Regional Office - Laserfiche
Sincerely,
XUMt( 7,)("J
"it Scott Vinson, Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NC DEQ
North Carolina Department of Environmental Quality I Dhdslon of Water Resources
Raleigh Regional Office 13800 Barrett Drive I Raleigh, North Carolina 27609
919.791.4200