NC0082949_NOV2023MV0186_20231024

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
Certified Mail # 7022 2410 0003 1826 9401
Return Receipt Requested
Larry Ward
Town of Denton
PO Box 306
Denton, NC 27239-0306
NORTH CAROLINA
Environmental Quality
October 24, 2023
SUBJECT: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY
Tracking Numbers: NOV-2023-LR-0052, NOV-2023-LR-0053, NOV-2023-MV-0185,
NOV-2023-LR-0054, NOV-2023-LR-0055, and NOV-2023-MV-0186
Permit No. NCO082949
Denton WTP
Davidson County
Dear Mr. Ward:
A review of the January 2023 — June 2023 Discharge Monitoring Reports (DMRs) for the subject facility revealed the
violations indicated below:
Monitoring Violation(s):
Sample
Location Parameter
Monitoring
Date Frequency Type of Violation
001 Upstream Hardness, Total (as CaCO3) 3/31/2023 Quarterly Frequency Violation
(00900)
001 Upstream Hardness, Total (as CaCO3) 6/30/2023 Quarterly Frequency Violation
(00900)
Additionally, a review of the Division of Water Resources (DWR) database which tracks the monthly submittal of
Discharge Monitoring Reports (DMRs) revealed that the January 2023 — June 2023 DMRs were not filed with the
Division within the thirty (30) calendar days after the end of the reporting period for which the report is made [per
15A NCAC 02B .0506].
Reporting Violation(s):
Report Period Due Date Received Date Days Late
January 2023 3/2/2023 10/7/2023 219
North Carolina Department of Environmental Quality I Division of Water Resources
Winston-Salem Regional Office 1 450 West Hanes Mitl Road, Suite 300 1 Winston-Salem. North Carolina 27105
ore: �a i �.im.i1 I`s 336,776.9600

Report Period
Due Date
Received Date
Days Late
February 2023
3/30/2023
10/7/2023
191
Report Period
Due Date
Received Date
Days Late
March 2023
4/30/2023
8/29/2023
121
Report Period
Due Date
Received Date
Days Late
April 2023
5/30/2023
8/29/2023
91
Report Period
Due Date
Received Date
Days Late
May 2023
6/30/2023
8/29/2023
60
Report Period
Due Date
Received Date
Days Late
June 2023
7/30/2023
8/26/2023
27
Our records indicate that you received a Notice of Violation (NOV-2023-LR-0008) on March 14, 2023 for
the missing November 2022 DMR and a Notice of Violation (NOV-2023-LR-0020) on April 3, 2023 for
the missing December 2022 DMR. Within said notices, you were informed that this office will recommend the
assessment of civil penalties if future reports are not received within the required time frame during the next
twelve (12) reporting months.
Based upon the above facts, I conclude that Town of Denton violated or failed to act in accordance with the
requirements of NPDES Permit NCO082949 and G.S. 143-215.65. A civil penalty of not more than $25,000.00
per violation may be assessed against a person who fails to file, submit, or make available any documents, data,
or reports required by G.S. 143-215.65. The State's enforcement costs in this matter may be assessed
pursuant to G.S. 143-215.3(a) (9) and G.S. 143-282.1(b) (8).
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.
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
DNorth Carolina Department of Environmental Quality I Division of Water Resources
l �•J�/g Winston-Salem Regional Office 1 450 West Hanes Mill Road, Suite 300 1 Winston-Salem. North Carolina 27105
o"^•^�^�F^�^w� \ / 336776.9600

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 Jesse Barnes of the
Winston-Salem Regional Office at 336-776-9800.
Sincerely,
E145DocuSiiggned by:
1349E225C94EA...
Lon T. Snider, Regional Supervisor
Water Quality Regional Operations Section
Winston-Salem Regional Office
Division of Water Resources, NCDEQ
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North Carolina Department of Environmental Quality I Division of Water Rescurces
Winston-Salem Regional Office 1 450 West Hanes Mitl Road, Suite 300 1 Winston-Salem. North Carolina 27105
336,776.9600