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HomeMy WebLinkAboutNC0026557_NOVNOI2020LV0373_20200430 Certified Mail # 7019 1640 0000 1354 3705 Return Receipt Requested April 30, 2020 Regina Mathis, Town Manager Town of Bryson City PO Box 726 Bryson City, NC 28713-0726 SUBJECT: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY Tracking Number: NOV-2020-LV-0373 Permit No. NC0026557 Bryson City WWTP Swain County Dear Permittee: A review of the March 2020 Discharge Monitoring Report (DMR) for the subject facility revealed the violation indicated below: Limit Exceedance Violation: Sample Limit Reported Location Parameter Date Value Value Type of Violation _________________________________________________________________________________________________________________________________________________________________________ 001 Effluent Flow, in conduit or thru 3/31/2020 0.6 0.77 Monthly Average Exceeded treatment 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. DocuSign Envelope ID: FA89BD99-84E8-48E6-B7DA-49B5DB7E547D If you wish to provide additional information regarding the noted violation, request technical assistance, or discuss overall compliance please respond in writing within sixty (60) calendar 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 60-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 Lauren Armeni of the Asheville Regional Office at 828-296-4500. Sincerely, G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDEQ Ec: ARO Server - LF DocuSign Envelope ID: FA89BD99-84E8-48E6-B7DA-49B5DB7E547D