NC0003719_NOV and Intent to Assess_20200326

ROY COOPER
Govarwr -
MICHAEL S. REGAN
Secretary`
S. DANIEL SMITH NORTH CAROLINA
Director Environmental Quality
Certified Mail # 7010 1870 0003 4774 5200
Return Receipt Requested
March 26, 2020
Matthew P Hendrickson
Dak Americas LLC
3216 Cedar Creek Rd
Fayetteville, NC 28312
SUBJECT: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY
Tracking Number: NOV-2020-LV-0228
Permit No. NC0003719
Cedar Creek Site
Cumberland County
Dear Permittee:
A review of the August 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
002 Effluent Nitrogen, Ammonia Total (as 8/14/2019 26 41.6 Daily Maximum Exceeded
N) - Quantity Daily (QD610)
002 Effluent Nitrogen, Ammonia Total (as 8/31/2019 13 14.87 Monthly Average Exceeded
N) - Quantity Daily (QD610)
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.
No rth Carolina Depart rnent of Envconrnental Quality I Division of Water Resources
Fayettevifie Regionai Dffice 1225 Green Street, Suite 714 I Fayetteville, North Carofna 25301
914433 3390

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 Hughie White or myself of
the Fayetteville Regional Office at 910-433-3300.
Sincerely,
Docu Signed by:
E4E1A969IDB248F
Mark Brantley, Asst. Regional Supervisor
Water Quality Regional Operations Section
Fayetteville Regional Office
Division of Water Resources, NCDEQ
Cc: WQS Fayetteville Regional Office (HW)
North Ca room ❑eps rt me nt of E nwron menta! Q ua! Ry I ➢ivso n of WGter Res uroes
w Fayette ;ie Reg:oeal Orfu 1225Green Street,Su.i[e 714 1 FayettelAile, North Carolina 28301
910433 ' ❑