NC0086436_NOV and Intent to Assess_20200220

DocuSign Envelope ID: OAD426OA-90AA-4OA2-99C4-601 1 BBEE9634
ROY COOPER
Covv' tOf
MICHAEL S. REGAN
secretary
S. DANIEL SMITH
Jfreetar
Certified Mail # 7019 0700 0000 8867 5541
Return Receipt Requested
Clark Wyatt
Buncombe County Schools
175 Bingham Rd
Asheville, NC 28806
NORTH CAROLINA
Envrranmgatdl Quality
February 20, 2020
SUBJECT: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY
Tracking Number: NOV-2020-LV-0139
Permit No. NCO086436
Cane Creek Elementary School
Buncombe County
Dear Permittee:
A review of the November 2019 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
001 Effluent BOD, 5-Day (20 Deg. C) -
11/4/2019
45
84 Daily Maximum Exceeded
Concentration (C0310)
001 Effluent BOD, 5-Day (20 Deg. C) -
11/12/2019
45
76 Daily Maximum Exceeded
Concentration (C0310)
001 Effluent BOD, 5-Day (20 Deg. C) -
11/25/2019
45
47 Daily Maximum Exceeded
Concentration (C0310)
001 Effluent BOD, 5-Day (20 Deg. C) -
11/30/2019
30
40.25 Monthly Average Exceeded
Concentration (C0310)
Noft hCaro iiusDepart meutofEnvironroeretadQuaIrty I DiuisiouofWater Resources
Asheville Regroreai4ffice 120901).S. 70HIghrray I Swaarkaroos, North Caro:aka 23773
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DocuSign Envelope ID: OAD426OA-90AA-4OA2-99C4-601 1 BBEE9634
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 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\2019\November 2019\NC0086436_NOVNOI2020LV0139_20202002.rtf
North Carolina Department of Environrnenta; Quairty I Diusion of Water R,esoi: m_-s
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