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HomeMy WebLinkAboutNC0086436_NOV and Intent to Assess_20191125DocuSign Envelope ID: 290F1 DEO-21 C8-4B8E-8A9D-B422FFE91627 ROY COOPER 60ver46T K4ICHAEL S. REGAN Secretary LINDA CULPEPPER Pirwor Certified Mail # 7017 2620 0000 9759 3042 Return Receipt Requested Clark Wyatt Buncombe County Schools 175 Bingham Rd Asheville, NC 28806 NORTH CAROLINA Environmental Quality November 25, 2019 SUBJECT: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY Tracking Number: NOV-2019-LV-0888 Permit No. NCO086436 Cane Creek Elementary School Buncombe County Dear Permittee: A review of the September 2019 Discharge Monitoring Report (DMR) for the subject facility revealed the violation(s) indicated below: Limit Exceedance Violation(s): Sample Location Parameter Limit Reported Date Value Value Type of Violation 001 Effluent BOD, 5-Day (20 Deg. C) - 9/4/2019 45 50.2 Daily Maximum Exceeded Concentration (C0310) 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. North Carol!naDepartrnentofEnwortmenta;Qua:rty I DiuisionofWater Resources Ashev.;e RegnrLa-0ff:ce 1 2090 U.S. 70 FOglm-ay I Swannsroos, North Csro:ars 23773 DocuSign Envelope ID: 290F1 DEO-21 C8-4B8E-8A9D-B422FFE91627 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 Linda Wiggs of the Asheville Regional Office at 828-296-4500. Sincerely, DocuSigned by: 7E617A38285848C... G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDEQ Ec: ARO Server, LF G:\WR\WQ\Buncombe\Wastewater\Minors\Cane Creek MIddle Sch 86436\DMR Violations\20191125_NC0086436_NOVNOI2019LV0888.rtf North Carol!naDepartnientofEnvironrnenta;Qua:rty I DiusionofWater Resources Ashev.;e Regnna- Off. ce 1 2090 U.S. 7-DHghway I SwanRSROs, NorLh Csro:ars 2377S