NC0023981_NOV-2021-LV-0012_20210106

DocuSign Envelope ID: 771 E2D37-A659-4CD9-9E62-2B0D60DC197F
Roy COOPER
Governor
MICHAEL S. REGAN
Secretary
S. DANIEL SMITH
DNrecrw
Certified Mail # 7020 1290 0001 1766 9337
Return Receipt Reauested
Radford L Thomas, Director Public Utilities
City of Lenoir
PO Box 958
Lenoir, NC 28645-0958
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NORTH CAROLINA
Envirammenfal Qualfry
January 6, 2021
SUBJECT: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY
Tracking Number: NOV-2021-LV-0012
Permit No. NCO023981
Lower Creek WWTP
Caldwell County
Dear Permittee:
A review of the October 2020 Discharge Monitoring Report (DMR) for the subject facility revealed the violation(s)
indicated below:
Limit Exceedance Violation(s):
Sample
Location
Parameter Date
Limit Reported
Value Value Type of Violation
001 Effluent
Nitrogen, Ammonia Total (as 10/10/2020
6 7.85 Weekly Average Exceeded
N) - Concentration (C0610)
001 Effluent
Nitrogen, Ammonia Total (as 10/31/2020
2 2.91 Monthly Average Exceeded
N) - Concentration (C0610)
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.
North Carolina Departrr*nt of En"rommentsiQuWity I Diusion of Watw Resoumes
111JJJ� Asher:e Rego nal pfFce 12090 U.S, 79 Highwsy I Swannsno*, North Ceroarm 28778
928 296-450D

DocuSign Envelope ID: 771 E2D37-A659-4CD9-9E62-2BOD60DC197F
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 on the submitted Monitoring
Report(s). 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.
If you have any questions concerning this matter or to apply for an SOC, please contact Timothy Heim of the
Asheville Regional Office at 828-296-4500.
Ec: LF
Sincerely,
DocuSigned by:
A.
E397192DABFB4FF...
Daniel Boss, Asst. Regional Supervisor
Water Quality Regional Operations Section
Asheville Regional Office
Division of Water Resources, NCDEQ
�� North Carofina Deportment of Emnronmental Quairty I Dsvwon of Water Resources
RsheW* RagaonW Moe 12090 U.S. 79 Htlrway I Swannsnos, North Camino 28778
828 296 -46D ❑