NC0006564_NOV-2020-PC-0485 NOI_20201119

Certified Mail # 7020 1290 0001 1766 8057
Return Receipt Requested

November 19, 2020

Corey Carpentier
Baxter Healthcare Corporation
65 Pitts Station Rd
Marion, NC 28752

Subject: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY
NOV-2020-PC-0485
Incident # 202002926
Permit No. NC0006564
Baxter Healthcare Corporation
Unauthorized Bypass
McDowell County

Dear Mr. Carpentier:

A review has been conducted of the Baxter Healthcare Corporation’s bypass 5-Day Report that you submitted. This
review has shown the subject facility to be in violation of the requirements found in Permit NC0006564 and/or G.S.
143-215.1(a)(1). The violation that occurred is summarized below.

Permit Condition Violation Date Description Violation Type
Permit Condition
Part II.C.4.c.1:
Bypass from the treatment
facility is prohibited and the
Permit Issuing Authority
may take enforcement action
against a Permittee for
bypass.
11/11/2020 Bypass of 4,370 Gallons of
untreated wastewater to North
Fork Catawba River from the Main
Influent Line into the WWTP due
to a pipe failure
Permit Condition
Bypass

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. 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
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in accordance with the terms, conditions, or requirements of any permit issued pursuant to G.S. 143-215.1.

Please submit a written response to this Notice of Violation. Your response is to be received by the regional office
within 10 business days following receipt of this violation. The submittal will be considered in determining
whether the Division will assess a civil penalty for the cited violations.

If you should have any questions, please do not hesitate to contact Lauren Armeni at 828-296-4500 or
[e-mail].

Sincerely,

Daniel Boss
Assistant Supervisor
Water Quality Regional Operations Section

Ec: LF

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