NC0029297_NOV-2016-LR-0016_20160412

PAT MCCRORY
(; Goiremor
DONALD R. VAN DER VAART
M Secl'clary
Water Resources
ENVIRONMENTAL QUALITY S. .TAY ZIMMERMAN
Du ector
April 12, 2016
CERTIFIED MAIL7013 2630 0001 8998 4384
RETURN RECEIPT REQUESTED
Mr. Rick Sain, Director of Facilities Maintenance
Catawba County Schools
PO Box 1010
Newton,NC 28658
Subject: Notice of Violation/Recommendation for Enforcement (NOV/NRE)
NOV-2016-LR-0016
Late Discharge Monitoring Reports (DMRs) for Aug2015 &Jan2016
Fred T. Foard High School .41
NPDES Permit NCO029297
Catawba County
Dear Mr. Sain:
A review of the Division of Water Resources (DWR) database which tracks the monthly
submittal of Discharge Monitoring Reports (DMR's) revealed that the August 2015 and
January 2016 DMRs have not been filed with the Division within the thirty (30) day reporting
period in accordance with the monitoring and reporting requirements contained in your NPDES
permit. The August 2015 DMR was received late on October 20, 2015 and January 2016 DMR
was received late on March 24, 2016.
A Notice of Violation (NOV-2015-LR-0041) was sent to you for failure to submit the July 2015
DMR no later than the thirtieth(30t1i) day following the reporting period. This notice was
received by you on October 5, 2015. Within said Notice, you were informed that future reports
not received within the required timeframe would result in further enforcement actions. In
response to NOV-2015-LR-0042,the DMRs for July 2015 were received on October 20, 2015.
At that time, the DMRs for August 2015 were also late and were received on October 20, 2015.
This Notice of Violation/Notice of Recommendation for Enforcement (NOV/NRE) (NOV-2016-
LR-0016) is being issued for the late August 2015 and January 2016 DMRs. Based upon the
above facts, I conclude as a matter of law that Catawba County Schools -Fred T. Foard High
School violated or failed to act in accordance with the requirements of NPDES Permit
NCO029297 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).
State of North Carolina I Environmental Quality I Water Resources
1617 Mail service Center I Raleigh,North Carolina 27699-1617
919 807 6300

Ms. Sain
April 12, 2016
Page 2 of 2
If you wish to provide additional information regarding the noted violations and prevent further
action,please respond in writing within ten(10) days of receipt of this notice. A review of your
response will be considered and you will be notified of any civil penalties that may be assessed
regarding these violations. If no response is received an this Office within the 10-day period,
a civil penalty may be assessed.
If you have any questions about this letter or discharge monitoring reports, please contact me at
919-807-6307 or via e-mail at [e-mail].
Si ere y,
. Jay Zimmerman, Dir
Division of Water Resources
cc: Derek Denard,Compliance&Expedited Permitting Unit
MRO DWR WQROS
NPDESTi1es N600 9929_73
Central Files