NC0003719_NOV and Intent to Assess_20191018

ROY COOPER
covmor
K41CHAEL S. PEGAN
Seererar y
LINDA CULPEPPER
D wetor
NORTH CAROLINA
Environmental Quality
Certified Mail # 7012 3050 0001 9398 3432
Return Receipt Requested
October 18, 2019
Matthew Hendrickson
Dak Americas LLC
3216 Cedar Creek Rd
Fayetteville, NC 28312
SUBJECT: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY
Tracking Number: NOV-2019-LV-0770
Permit No. NC0003719
Cedar Creek Site
Cumberland County
Dear Permittee:
A review of the December 2018 Discharge Monitoring Report (DMR) for the subject facility revealed the
violation(s) indicated below:
Limit Exceedance Violation(s):
Sample Limit Reported
Location Parameter Date Value Value Type of Violation
002 Effluent
Solids, Total Suspended -
12/5/2018
347
401
Daily Maximum Exceeded
Quantity Daily (QD530)
002 Effluent
BOD, 5-Day (20 Deg. C) -
12/11/2018
244
1,049
Daily Maximum Exceeded
Quantity Daily (QD310)
002 Effluent
Solids, Total Suspended -
12/11/2018
347
362
Daily Maximum Exceeded
Quantity Daily (QD530)
002 Effluent
Solids, Total Suspended -
12/25/2018
347
360
Daily Maximum Exceeded
Quantity Daily (QD530)
002 Effluent
BOD, 5-Day (20 Deg. C) -
12/31/2018
143
322.75
Monthly Average Exceeded
Quantity Daily (QD310)
North Carolins ❑epartrn ntof Envconrnental Quality I Division of Water Resources
Fayettevif7e Regionai DFfice 1 225 Green Street, Suite 714 1 Fayetteville, North Carofna 25301
914433 3390

Limit Exceedance Violation(s):
Sample Limit Reported
Location Parameter Date Value Value Type of Violation
002 Effluent Solids, Total Suspended - 12/31/2018 182 343.75 Monthly Average Exceeded
Quantity Daily (QD530)
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
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 Hughie White or myself of
the Fayetteville Regional Office at 910-433-3300.
Sincerely,
DocuSigned b(ywM1/.N}'�I,�'-
I
E4E1A9691 DB248E_
Mark Brantley, Asst. Regional Supervisor
Water Quality Regional Operations Section
Fayetteville Regional Office
Division of Water Resources, NCDEQ
Cc: WQS Fayetteville Regional Office (HW)
North CA rohna ❑epsrtrn nt of E nwron menta! Q ua ity I ➢iviso n of Water Resou roes
Fayettevi!e Reg:oeal 4rf:oe 1 225 Green Street, Suite 714 1 Fsyettemi!e, North Carol;na 28341
91o433 ' ❑