NC0021849_NOV-2019-PC-0742 NOI_20191118

State of North Carolina | Environmental Quality | Water Resources
943 Washington Square Mall, Washington, NC 27889
252-946-6481

Certified Mail # 7018 1830 0000 9509 9055
Return Receipt Requested

November 18, 2019

Pamela Hurdle – Town Manager
Town of Hertford
P.O. Box 32
Hertford, NC 27944

SUBJECT: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY
Tracking Number: NOV-2019-PC-0742
Permit No. NC0021849
Town of Hertford WWTP
Perquimans County

Dear Ms. Hurdle:

The North Carolina Division of Water Resources received verbal notification via a telephone call from the Town of
Hertford on November 13, 2019 that on November 9-10,2019 a release of approximately 70,000 gallons of
untreated wastewater had occurred from the headworks on the wastewater treatment system covered under
Permit No. NC021849. Subsequently, a 5-day report was received on November 15, 2019 from the Town of
Hertford further documenting the details of the wastewater release.

From the information provided by the Town of Hertford it has been determined that the following violation(s) have
occurred as a result of the wastewater release:

Area Description of Violation _________________________________________________________________________________________________________________________________________________________________________
Unauthorized Bypass Untreated wastewater was released from the headworks of the wastewater treatment system,
left the site, and flowed into an unnamed tributary to the Perquimans River, constituting
making an unauthorized outlet to waters of the state for the purposes of G.S. 143-215.1(a)(1). _________________________________________________________________________________________________________________________________________________________________________
Permit Conditions Notice of the wastewater release was not reported to the Division of Water Resources within
24-hours of its discovery in violation of Condition E.6.a of Permit No. NC0021849. _________________________________________________________________________________________________________________________________________________________________________

State of North Carolina | Environmental Quality | Water Resources
943 Washington Square Mall, Washington, NC 27889
252-946-6481

Pamela Hurdle
November 18, 2019
Page 2 of 2

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.

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 additional information provided. 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.

If you should have any questions, please do not hesitate to contact Robert Tankard at [phone] or Randy
Sipe at [phone].

Sincerely,

Robert Tankard, Assistant Regional Supervisor
Water Quality Regional Operations Section
Washington Regional Office
Division of Water Resources, NCDEQ

ATTACHMENTS

Cc: Dwan Bell – Hertford Publics Work Director (electronic copy)
Chuck Jones – Hertford WWTP ORC (electronic copy)
Laserfiche