NC0023736_EPA_NOV_20200810

From: Menzel, Jeff [e-mail]]
Sent: Wednesday, February 13, 2013 10:31 AM
To: Jones, Laurie
Cc: Cranford, Chuck
Subject: Lenoir Gunpowder Creek NC00
Laurie,
I've attached the enforcement history for the City of Lenoir's Gunpowder Creek WWTP NC0023736.
Please call or email if you have any questions, concerns or if I can provide any other information.
Regards,
Jeff
Jeff Menzel-jeff.menzel@ncdenr.�ov
North Carolina Dept. of Environment and Natural Resources
Asheville Regional Office
Division of Water Quality-Surface Water Protection Section
2090 U.S. 70 Highway
i Swannanoa, NC 28778
Tel: [phone]
Fax: [phone]
E-mail correspondence to and from this address may be subject to
the North Carolina Public Records Law and may be disclosed to third parties.
3

One monthly average Ammonia Nitrogen exceeded the permit limit by 13.23 % and got an NOV, not a
civil penalty.
One monthly average TSS exceeded the permit limit by 12.27 % and got an NOV, not a civil penalty.
Two weekly average TSS's exceeded the permit limit by 2.53 % and 2.93 %: both got an NOV, not a
civil penalty.
Please call or email if you have any questions---Thanks---Janet
-----------------------------------------------------------------------------------------------------------------------------
Janet [e-mail]
North Carolina Dept. of Environment and Natural Resources
Asheville Regional Office
Division of Water Quality-Water Quality Section
2090 US Highway 70
Swannanoa, NC 28778-8211
Tel:[phone]
Fax:[phone]
E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to
third parties.
From: Jones, Laurie [mailto:]ONES.LAURIEOEPA.GOV] `
Sent: Wednesday, February 13, 2013 11:36 AM
To: Menzel, Jeff
Cc: Cranford, Chuck; Hicks, Matt
Subject: RE: Lenoir Gunpowder Creek
Thanks Jeff. My question was related to the months of violation that were penalized. I reviewed the penalty assessment
information sent by Lenoir and it appears that only 8 out of the 16 months of violation from EPA's NOV were penalized. I
wanted to check with you to see if, even though the NOV only cited one month, if some of the penalties actually
incorporated the violations from more than one month? The months that were cited in the NOVs as being assessed
penalty were:
Jun 09
Dec 10
Sept 10
Oct 10
Sept 11
Oct 11
Jan 11
Mar 12
Note: Other penalties assessed that were not included in the timeframe covered by EPA's NOV were for the months of
Dec 08, Jan 09, Apr 12, and May 12.
And the months covered by EPA's NOV with violation where it appears no penalty was assessed are:
Aug 09
Nov 09
Aug 10
Feb 10
Jul 11
Aug 11
Dec 11
Jan 12
So please let me know which, if any, of the months which appear unpenalized were actually penalized as part of one of
the other NOVs, but just not cited. Thanks!
2

Cantwell, Janet
From: Cantwell, Janet
Sent: Wednesday, February 20, 2013 2:21 PM
To: '[e-mail]'
Cc: Menzel, Jeff; Cranford, Chuck; Wiggs, Linda
Subject: FW: Lenoir Gunpowder Creek
Hi Miss Laurie----This is to cover your question: "And the months covered by EPA's NOV with violation where it
appears no penalty was assessed are:
Aug 09, Nov 09, Aug 10, Feb 10,Jul 11, Aug 11
So please let me know which, if any, of the months which appear unpenalized were actually penalized as part of one of
the other NOVs, but just not cited. Thanks!"
The explanations below on TRC and NOV/ CPAs may help explain how these violations were handled:
RE: TRC:
In a May 1, 2008, Memorandum from Matt Mathews:
"TRC Compliance Level Changed to 50 lag/L. DWQ continued discussions with EPA regarding analytical
difficulties with TRC measurements, and in March 2008 received EPA approval to allow a 501&L TRC
compliance level:....... Facilities will still be required to report actual results on their monthly DMR submittals, but
for compliance purposes all TRC values below 501&L will be treated as zero."
RE: NOV or CPA (Civil Penalty Assessment):
l{ Any parameter which exceeds the permit limit by less than 20 % will receive an NOV.
Any parameter which exceeds the permit limit by 20 % or more will receive a civil penalty assessment
(CPA).
Monthly DMR violations are cited for each individual month. They are never mixed with any other
months.-------------------------------
For Aug 09: There were 10 TRC violations showing: however, they were below DWQ's compliance level of 50
Ng/ L.
There was a monthly average Ammonia Nitrogen (17.47 % above permit limit) and a weekly average
Ammonia Nitrogen (12.46 % above the permit limit.)
Both of the ammonias were below DWQ's 20 % above the permit limit and therefore got an NOV and
not a civil penalty.
For Nov 09: There were 11 TRC violations showing: 10 were below DWQ's compliance level of 50 pg/ L and
one was at the compliance level.
For Aug 10: There were 9 TRC violations below DWQ's compliance level of 50 Ng/ L.
There was one monthly average Ammonia Nitrogen which exceeded the permit level by 6.56 % and
because it was below 20 % it got an NOV. .
For Feb 10: There were 9 TRC violations which were below DWQ's compliance level of 50 fag/ L.
There was one monthly average Flow which exceeded the permit limit by 2.2 %. It got an NOV, not a
civil penalty.
For Jul 11: There were 15 TRC violations which were all below DWQ's compliance level of 50 Ng/ L.
There was one monthly average Ammonia Nitrogen which exceeded the permit limit by 206.7 %: it got
a civil penalty.
There were 2 weekly average Ammonia Nitrogens which exceeded the permit limit by 30.03 % and 57.5
%: both got civil penalties.
The monthly average TSS which exceeded the permit limit by 9.93 % got an NOV, not a civil penalty.
The weekly average TSS which exceeded the permit limit by 110 % got a civil penalty. "
For Aug 11: There were 6 TRC violations which were all below DWQ's compliance level of 50 pg/ L.
1

Cantwell, Janet
From: Menzel, Jeff
Sent: Wednesday, February 1.3, 2013 11:39 AM
To: Cantwell, Janet
Subject: FW: Lenoir Gunpowder Creek
fyi
Jeff Menzel- [e-mail]
North Carolina Dept.of Environment and Natural Resources
Asheville Regional Office
Division of Water Quality-Surface Water Protection Section
2090 U.S. 70 Highway
Swannanoa, NC 28778
Tel: [phone]
Fax: [phone]
E-mail correspondence to and from this address may be subject to
the North Carolina Public Records Law and may be disclosed to third parties.
From: Jones, Laurie [ma ilto:JON ES.LAURIE(cDEPA.GOV]
Sent: Wednesday, February 13, 2013 11:36 AM
To: Menzel, Jeff
Cc: Cranford, Chuck; Hicks, Matt
Subject: RE: Lenoir Gunpowder Creek
Thanks Jeff. My question was related to the months of violation that were penalized. I reviewed the penalty assessment
information sent by Lenoir and it appears that only 8 out of the 16 months of violation from EPA's NOV were penalized. I
wanted to check with you to see if, even though the NOV only cited one month, if some of the penalties actually
incorporated the violations from more than one month? The months that were cited in the NOVs as being assessed
penalty were:
Jun 09
Dec 10
Sept 10
Oct 10
Sept 11
Oct 11
Jan 11
Mar 12
Note: Other penalties assessed that were not included in the timeframe covered by EPA's NOV were for the months of
Dec 08,Jan 09, Apr 12, and May 12.
And the months covered by EPA's NOV with violation where it appears no penalty was assessed are:
Aug 09
Nov 09
Aug 10
Feb 10
Jul 11
Aug 11
1

Dec 11
Jan 12
So please let me know which, if any, of the months which appear unpenalized were actually penalized as part of one of
the other NOVs, but just not cited. Thanks!
From: Menzel, Jeff [e-mail]]
Sent: Wednesday, February 13, 2013 10:31 AM
To: Jones, Laurie
Cc: Cranford, Chuck
Subject: Lenoir Gunpowder Creek NC00
Laurie,
I've attached the enforcement history for the City of Lenoir's Gunpowder Creek WWTP NC0023736.
Please call or email if you have any questions,concerns or if I can provide any other information.
Regards,
Jeff
Jeff [e-mail]
North Carolina Dept.of Environment and Natural Resources
Asheville Regional Office
Division of Water Quality-Surface Water Protection Section
2090 U.S. 70 Highway
Swannanoa, NC 28778
Tel: [phone]
Fax: [phone]
E-mail correspondence to and from this address may be subject to
the North Carolina Public Records Law and may be disclosed to third parties.
2

J�1ED sr rFs
a�' �► U UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
n Awl
w REGION 4
z� r ATLANTA FEDERAL CENTER
61 FORSYTH STREET
��rqt PaolEo�\o ATLANTA, GEORGIA 30303-8960
OCT 152012
CERTIFIED MAIL 7012 1010 0001 8097 2935
RETURN RECEIPT REQUESTED
Mr. Monte L. Wall
Wastewater Treatment Superintendent
Lenoir Gunpowder Creek Wastewater Treatment Plant
P.O. Box 958
Lenoir, North Carolina 28645
Re: Notice of Violation No. 309-2013-01
Information Request pursuant to 308 of the Clean Water Act
National Pollutant Discharge
rge Elimination System Permit No. NC0023736
Lenoir Gunpowder Creek Wastewater Treatment Plant
Dear Mr. Wall:
Pursuant to Section 309(a)(1) of the Clean Water Act (C WA), 33 U.S.C. §1319(a)(1), the U.S.
Environmental Protection Agency, Region 4 hereby notifies the City of Lenoir (City) that it has violated
its National Pollutant Discharge Elimination System (NPDES) Permit No. NCO023736 for the Lenoir
Gunpowder Creek Wastewater Treatment Plant. Specifically, the City's Lenoir Gunpowder Creek
Wastewater Treatment Plant has been found in violation of effluent requirements for the parameters and
months summarized below:
Total Ammonia Nitrogen, weekly average;
August 2009; July 2011; September 2011-October 2011; March 2012
Total Ammonia Nitrogen, monthly average;
August 2009; August 2010- October 2010; July 2011-September 2011;
March 2012
Biochemical Oxygen Demand, 5 Day, monthly average:
January 2011
Total Suspended Solids, weekly average;
October 2010; January 2011; July 2011-August 2011
Total Suspended Solids, monthly average;
January 2011; July 2011-August 2011
Fecal Coliform, weekly geometric mean;
December 2010; January 2011
Fecal Coliform, monthly geometric mean;
January 2011
Total Cadmium, daily maximum;
June 2009
Total Selenium, daily maximum;
January 2011
Internet Address(URL) •http://www.epa.gov
Recycled/Recyclable•Printed with Vegetable Oil Based Inks on Recycled Paper(Minimum 30%Postconsumer)

1
Flow, monthly average;
February 2010
Total Residual Chlorine, daily maximum;
November 2009; December 2011; December 2011; January 2012
The EPA requests, pursuant to Section 308 of the CWA, 33 U.S.C. §1318, that the City provide a
written explanation of the reasons for each of the aforementioned violations, and any other effluent
violations that may have occurred from November 2007, to the present, and provide a summary of
actions taken or planned by the City to correct the problems and to prevent future violations. In
instances where the actions are planned, please include a schedule for completing the actions.
The City must submit this information within 30 days of receipt of this correspondence and should
be addressed to:
Ms. Laurie Jones
J U.S. Environmental Protection Agency, Region 4
Clean Water Enforcement Branch
61 Forsyth Street, S.W.
Atlanta, Georgia 30303-8960
The State of North Carolina (State) is being concurrently notified of these findings. The EPA is
coordinating with the State to ensure that timely and appropriate enforcement action is taken and
compliance with the conditions of the NPDES Permit is achieved.
If these violations are not resolved in a timely or appropriate manner, and/or the City fails to respond to
the Information Request, the EPA may take enforcement action, which may include issuance of an
administrative order, assessment of administrative penalties, or initiation of a civil judicial action
pursuant to Section 309 of the CWA, 33 U.S.C. §1319.
If you have questions regarding this notice and information request, please contact Ms. Laurie Jones,
Environmental Engineer, at [phone] or via email at lones.laurie tot eepa.gov.
Sincerely,
J
James D. Giattina
Director
Water Protection Division
cc: Mr. Charles Wakild, P.E.
North Carolina Department of Environmental Management

J"oE�rFs
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
s w REGION 4
ATLANTA FEDERAL CENTER
tT 61 FORSYTH STREET
44'F'0j ATLANTA GEORGIA 30303-8960
Q C T 15 2012
CERTIFIED MAIL 7012 1010 0001 8097 2829
RETURN RECEIPT REQUESTED
Mr. Charles Wakild, P.E., Director
Division of Water Quality
North Carolina Department of Environment
and Natural Resources
1617 Mail Service Center
Raleigh,North Carolina 27699-1617
Re: Notice of Violation No. 309-2013-01
National Pollutant Discharge Elimination System Permit No. NCO023736
Lenoir Gunpowder Creek Wastewater Treatment Plant
Dear Mr. Wakild:
Pursuant to Section 309(a)(1) of the Clean Water Act (CWA), 33 U.S.C. § 1319(a)(1), the U. S.
Environmental Protection Agency, Region 4 has determined that the City of Lenoir(City) is in violation
of its National Pollutant Discharge Elimination System (NPDES) Permit No. NCO023736 for the Lenoir
Gunpowder Creek Wastewater Treatment Plant. The City has violated, at a minimum, the effluent
requirements for Biochemical Oxygen Demand, Total Suspended Solids, Fecal Coliform, Total
Cadmium, Total Selenium, Flow, Total Residual Chlorine, and Total Ammonia Nitrogen. The EPA is
simultaneously notifying the City of these findings through the issuance of a Notice of Violation (NOV).
A copy of the NOV to the City is enclosed for your convenience and record.
If the State of North Carolina (State) commences appropriate action within 30 days of receipt of this
letter to ensure that the City achieves expeditious compliance with its NPDES permit, additional
involvement by the EPA may not be required. However, if the State does not take such action, the EPA
may then take the necessary steps to require the City to come into compliance. Please advise the EPA,
within 15 days of receipt of this letter, of the action(s) you plan to take in this matter to ensure that the
City achieves expeditious compliance with its NPDES permit requirements. If a formal enforcement
action is taken, please provide a copy of the applicable documents for our records.
Internet Address(URL) •http://www.epa.gov
Recycled/Recyclable•Printed with Vegetable Oil Based Inks on Recycled Paper(Minimum 30%Postconsumer)

If you have questions regarding this notice, please contact Mr. Maurice Horsey, of my staff, at
[phone] or via e-mail at [e-mail].
Sincerely,
l �
James D. Giattina
Director
Water Protection Division
Enclosure
l