NC0069892_NOV and Intent to Assess_20200512

DocuSign Envelope ID: F456302B-D90E-42B8-9542-1BEAEBC8C13B
ROY COOPER
covprnur
MICHAEL S_ REGAN
secretary
S. DANIEL SMITH
Director
Certified Mail # 7019 1640 0000 1354 4108
Return Receipt Requested
Town Administrator
Town of Andrews
PO Box 1210
Andrews, NC 28901
NORTH CAROL.INA
Environmental Quality
May 12, 2020
SUBJECT: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY
Tracking Number: NOV-2020-OV-0001
Permit No. NCO069892
Andrews WTP
Cherokee County
Dear Permittee:
A review of the February -April 2020 Discharge Monitoring Report (DMRs) and other Permit
requirements for the subject facility revealed the violations indicated below:
Permit Condition Violations: NOV-2020-OV-0001
Permit Violation Description of Violation
Date
II C. (1.) b. No Backup Operator in Responsible (BORC) Designation.
February 2020
1 A. (2.) Failure to submit Corrective Action Plan (CAP).
April 2019
1 A. (2.) Failure to submit Corrective Action Plan (CAP).
April 2020
II B. (2.) Duty to Mitigate Alum/sludge buildup.
February 2020
11 C. (2.) Failure to Operate/Maintain facilities.
March 2020
11 E. (9.) Failure to report noncompliance/spill.
March 2020
11 E. (9.) Failure to report noncompliance/spill.
April 2020
1 A. (3.) A Toxicity evaluation is required.
March 2020
North CaroiinsDepartrnentofEmvironments:Quality I D;uisiortofWater Resources
Ashevil�- Regional Office 1 2090 U.S. 70 Hghxay I Swannanoa, North Caro:rna 29773
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DocuSign Envelope ID: F456302B-D90E-42B8-9542-1BEAEBC8C13B
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 sixty (60) business da ss after receipt of this Notice. A
review of your response will be considered along with any information provided on the submitted Monitoring
Reports. 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 Tim Heim 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: WQS ARO Server - LF
G:\WR\WQ\Cherokee\Wastewater\Municipal\Andrews Water Plant 69892\NOVs\NC0069892_NOVN0120200V0001_20200506.rtf
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