NC0026271_Regional Office Historical File Pre 2018 (66)

op -State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
A. Preston Howard, Jr., P.E., Director
September 22, 1997
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Robert W. Duncan, Town Manager
Town of Taylorsville
204 Main Avenue Drive
Taylorsville, North Carolina 28681
Dear Mr. Duncan:
01"
C? P:P i ITI-A :._ I T ii1c S
SEP 2,`3 097
DIVIS?01 SF F;:V'G''.'•iE;l;�•L _`�1Ei:i
Subject: Department of Environment, Health and
Natural Resources and Environmental
Management Commission vs. Town of
Taylorsville
EMC SOC WQ 96-12
NPDES Permit NCO026271
Stipulated Penalties
Town of Taylorsville
Alexander County
The Town of Taylorsville entered into a Special Order by Consent EMC SOC WQ 96-12 with
the North Carolina Environmental Management Commission whereby operation of the Taylorsville
Wastewater Treatment Plant has been placed under interim effluent limitations and an enforceable
schedule while the existing sewer collection system is being upgraded.
Under paragraph 3(d) of the Special Order by Consent, the Town was required to comply with
interim effluent limitations as set forth in the Consent Order. The Town failed to comply with the
interim weekly and monthly average effluent limitations for Biochemical Oxygen Demand and
Total Suspended Residue contained in "Attachment A" of the Order for the months of April and
May, 1997.
You were notified of the violation and your right to justify the Town's failure to meet the
interim effluent limitations in Notices of Violations dated August 4, 1997 and July 10, 1997.
I have reviewed the Town's replies dated August 7, 1997 and July 14, 1997. After careful
review of this matter, I have not found grounds for sufficient justification to waive the stipulated
penalties, therefore, and pursuant to paragraph 4 of the Special Order by Consent, a stipulated -
penalty in the amount of $1,000.00 is now due for each violation for a total penalty of $5,000.00.
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper

Mr: Robert W. Duncan, Town Manager
Town of Taylorsville
Page Two (2)
Payment by certified check payable to the Department of Environment, Health, and Natural
Resources must be submitted to the Department at the address given below within thirty (30) days
from receipt of this demand:
Director
Division of Water Quality
Department of Environment, Health and Natural Resources
Post Office Box 29535
Raleigh, North Carolina 27626-0535
You are reminded that payment of said penalties mentioned in this letter will not foreclose
further penalties for any future or continuing violations, failure to meet deadline dates, or interim
effluent violations.
If you wish to contest any portion of the civil: penalty assessment, you must request an
administrative hearing. This request must be in the form of a written petition to the Office of
ID
Administrative Hearings and must conform to Chapter 150B of the North Carolina General
Statutes.
You must file your original petition with the:
Office of Administrative Hearings
Post Office Drawer 27447
Raleigh, North Carolina 27611-7447
and mail or hand deliver a copy of the petition to:
Mr. Richard B. Whisnant
Registered Agent
Department of Environment, Health and Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611

Mr. Robert W. Duncan, Town Manager
Town of Taylorsville
Page Three (3)
If you have any questions concerning this notification please contact Mr. Bob Sledge, Super-
visor, Compliance Group at [phone] ext. 233 or Mr. D. Rex Gleason, Water Quality
Regional Supervisor, at [phone] in our Mooresville Regional Office.
Sincerely,
A. Preston Howard, Jr., P.E.
cc: Attorney General's Office
SOC Files
�L� } Fes= � 111 Regional •, � � cep: