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HomeMy WebLinkAboutNC0089702_NOV-2020-MV-0032 NOI_20200311 It riJ ROY COOPER :' > Cfnernor MICHAEL S.REGAN ,'1yf ay S. DANIEL SMITH NOR rll CAROL INA Diricd-v Environmental Quality Certified Mail #701.72680000022368921 Return Receipt Requested March 11, 2020 Brandon Yancey, Director of Construction Solis Brightleaf Apartments LLC 510 Glenwood Ave Ste 317 Raleigh, NC 27603 SUBJECT: NOTICE OF VIOLATION &INTENT TO ASSESS CIVIL PENALTY Tracking Number: NOV-2020-MV-0032 Permit No. NCO089702 Solis Brightleaf Apartments - Brownfield Durham County Dear Permittee: A review of the December 2019 Discharge Monitoring Report (DMR) for the subject facility revealed the violation(s) indicated below: Monitoring Violation(s): Sample Monitoring Location Parameter Date Frequency Type of Violation 001 Effluent Flow, in conduit or thru treatment 12/1/2019 Continuous Frequency Violation plant(50050) 001 Effluent Flow, in conduit or thru treatment 12/12/2019 Continuous Frequency Violation plant(50050) 001 Effluent Flow, in conduit or thru treatment 12/13/2019 Continuous Frequency Violation plant(50050) 001 Effluent Flow, in conduit or thru treatment 12/14/2019 Continuous Frequency Violation plant(50050) 001 Effluent Flow, in conduit or thru treatment 12/15/2019 Continuous Frequency Violation plant(50050) Monitorinci Violations : Sample Monitoring Location Parameter Date Frequency Type of Violation 001 Effluent Flow, in conduit or thru treatment 12/16/2019 Continuous Frequency Violation plant(50050) 001 Effluent Flow, in conduit or thru treatment 12/17/2019 Continuous Frequency Violation plant(50050) 001 Effluent Flow, in conduit or thru treatment 12/18/2019 Continuous Frequency Violation plant(50050) 001 Effluent Flow, in conduit or thru treatment 12/19/2019 Continuous Frequency Violation plant(50050) 001 Effluent Flow, in conduit or thru treatment 12/20/2019 Continuous Frequency Violation plant(50050) 001 Effluent Flow, in conduit or thru treatment 12/21/2019 Continuous Frequency Violation plant(50050) 001 Effluent Flow, in conduit or thru treatment 12/22/2019 Continuous Frequency Violation plant(50050) 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 Cheng Mang of the Raleigh Regional Office at 919-791-4200. Sincerely, �JLC Scott Vinson, Regional Supervisor Water Quality Regional Operations Section Raleigh Regional Office Division of Water Resources, NCDEQ Cc: WQS Raleigh Regional Office - Enforcement File NPDES Compliance/Enforcement Unit - Enforcement File Laserfiche i