NC0021849_NOV-2020-PC-0450 NOI_20201015

ROY COOPER
Govemor
MICHAEL S. REGAN
Sccretory
S. DANIEL SMITH
Director
NORTH CAROLINA
Environmentat Quattty
Certified Mail # 7019 2970 0001 3140 0060
Return Receipt Requested
October 15, 2020
Pamela Hurdle
Town of Hertford
324 W Grubb St
Hertford, NC 27944
SUBJECT: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY
Tracking number: NOV-2020-PC-0450
Hertford WWTP
NPDES WW Permit No. NCO021849
Perquimans County
Dear Mrs. Hurdle:
An unauthorized discharge took place on September 24, 2020 from 4:00am to 7:00am at the mechanical
bar screen at Hertford WWTP. The Washington Regional Office was informed that the mechanical bar
screen stopped functioning during this timeframe causing the bypass. At 7:00am the workers first onsite
discovered the bypass and cleaned up the screen. The bypass was estimated to be approximately 46,000
gallons by facility staff. We were also informed the bypass entered ditches close to the wastewater
treatment plant and due to dry conditions infiltrated into the ground before reaching surface waters. A
small portion crossed the street in front of the wastewater treatment plant and impacted a property. As z
result of the unauthorized bypass the facility is subject to the violation(s) indicated below:
Violation(s):
Discharged to Incident
Location Estimated Quantity Surface Water? Date Number Type of Violation
Mechanical 46,000 gallons No 09/24/2020 202002686 Unauthorized Bypass
bar screen
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 Permit NCO021849 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. 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.
Pursuant to Permit Condition 2 in Section C: "Proper Operation and Maintenance"
The Permittee shall at all times properly operate and maintain all facilities and systems of treatment and
control (and related appurtenances) Which are installed or used by the Permittee to achieve compliance
with the conditions of this permit. Proper operation and maintenance also includes adequate laboratory
controls and appropriate quality assurance procedures. This provision requires the Permittee to install and
operate backup or auxiliary facilities only when necessary to achieve compliance with the permit [40 CFR
122.41(e)].
NOTE: Properly and officially designated operators are fully responsible for all proper operation and
maintenance of the facility, and all documentation required thereof, whether acting as a contract operator
or a member of the Permittee's staff.
Pursuant to Permit Condition 4 Subsection c in Section C: "Prohibition of Bypass"
(1) Bypass from the treatment facility is prohibited and the Permit Issuing Authority may take
enforcement action against a Permittee for bypass, unless:
(A) Bypass was unavoidable to prevent loss of life, personal injury, or severe property damage.
(B) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities
retention of untreated wastes or maintenance during normal periods of equipment downtime. This
condition is not satisfied if adequate backup equipment should have been installed in the exercise of
reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment
downtime or preventive maintenance; and
(C) The Permittee submitted notices as required under Paragraph b. of this section.
(2) Bypass from the collection system is prohibited and the Permit Issuing Authority may take
enforcement action against a Permittee for a bypass as provided in any current or future system -wide
collection system
(3) The Permit Issuing Authority may approve an anticipated bypass, after considering its adverse
effects, if the Permit Issuing Authority determines that it will meet the three conditions listed above
in paragraph c. (1) of this section.

If you should have any questions, please do not hesitate to contact Paul Mays with the Water Quality
Regional Operations Section in the Washington Regional Office at 252-948-3940 or via email at
[e-mail].
Sincerely,
David May, Regional Supervisor
Water Quality Regional Operations Section
Washington Regional Office
Division of Water Resources, NCDEQ
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