WQ0002284_NOV-2019-PC-0708 NOI_20191023

ROY COOPER
60verrlor
K41CHAEL S. REGAN
Secretary
LINDA CULPEPPER
rlrwor
Certified Mail # 7018 1830 0000 9509 8751
Return Receipt Requested
Ray E Hollowell, Jr
Outer Banks/Kinnakeet Associates, LLC
PO Box 34
Connelly Spring, NC 28612
NORTH CAROLINA
Environmental Quality
October 23, 2019
SUBJECT: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY
Tracking Number: NOV-2019-PC-0708
Permit No. WQ0002284
Kinnakeet Shores WWTP
Dare County
Dear Mr. Hollowell:
A review of the June 2019 Non -Discharge Monitoring Report (NDMR) and Non -Discharge Analysis Report (NDARI)
for the subject facility revealed the violation(s) indicated below:
Reporting Violation(s):
Sample
Location Parameter
Date Type of Violation
8/30/2019 Late/Missing NDAR-1
8/30/2019 Late/Missing NDMR
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 Non -discharge 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.
North Caro rs Department of Erv:r:.r.msntG:Qus ty I D v.sor. of Water Faso4rces
Wash rgton Raflona-Offce 1943 Wask rflton Swsre his:: I Wash'r.gtor, North Cero :ra 27589
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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 dam 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 14 in Section IV, 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 Sarah Toppen of the
Washington Regional Office at 252-946-6481.
Sincerely,
Robert Tankard, Assistant Regional Supervisor
Water Quality Regional Operations Section
Washington Regional Office
Division of Water Resources, NCDEQ
Cc: WQS Washington Regional Office - Enforcement File
NON -DISCHARGE Compliance/Enforcement Unit - Enforcement File
North Caro rs Department of Erv:ror.msnts:Qus ty I D v.sor. of Water Faso4rces
Wash rgton Reflona-Offce 1943 Wask rflton Swsre his:: I Wash'r.gtor, North %sro :ra 27539