NC0086436_NOV and Intent to Assess_20191125

DocuSign 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