WQ0030088_NOV-2020-LV-0872_20201216 (2)

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December 16, 2020
Morelia Sanchez -King, Regional Supervisor
Water Quality Regional Operations Section
Wilmington Regional Office
Division of Water Resources, NCDEQ
Re: Notice of Violation & Intent to Issue Civil Penalty
Tracking No: NOV-2020-LV-0872
Permit No: WQ0030088
Majestic Oaks WWTP
Pender County
Dear Morelia Sanchez -King,
I am in receipt of the above referenced NOV dated December 8, 2020. As you are aware we are under
contract to sell the Majestic Oaks WWTP and are actively pushing towards a first quarter 2021 close.
With that being said, we will continue to operate the WWTP and provide our operator funding to fix
critical aspects of the WWTP and collection system. Since taking over operations from Envirolink, we
learned of a multitude of deficiencies of which we made improvement of the most critical quickly. We
learned that each of the 4lift stations only had one working pump. We acted immediately and installed
the pumps so each lift station had two operational pumps. We have also completed the necessary
repairs to have all the generators operating at the lift stations and WWTP. All the telemetry has been
repaired so the operator is notified promptly. Unfortunately, we will continue to have difficulty in
meeting certain limits unless we make significant capital improvement at the WWTP. Since the WWTP is
under contract to be sold in the next few months it does not make financial since to make such
investment. If you have any suggestions that may help us improve the Nitrogen and Phosphorus limit
with a palatable investment, we are willing to listen and consider such upgrades. Although it is
extremely unlikely, we will make capital upgrades at the WWTP if for some reason the transaction does
not close. We hope you will continue to work with us as we move thou this transition period. I feel we
have had good lines of communication and have been transparent with you and your department.
Please reconsider the enforcement of the civil penalty, as we are working diligently to solve the issues.
Thank you for any consideration and please reach out with questions or concerns at the address above,
email at smcmillan(linteerawater com or give me a call directly at 205-719-7795.
Sincerely,
Sean McMillan
Vice President

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MICHAEL S. REGAN
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S. DANIEL SMITH
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Certified Mail # 7018 2290 0001 8295 9694
Return Receipt Requested
John L McDonald
Old North State Water Company LLC
PO Box 10127
Birmingham, AL 35202-0127
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NORTH CAROLINA
Environmenml Quality
December 8, 2020
SUBJECT: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY
Tracking Number: NOV-2020-LV-0872
Permit No. W00030088
Majestic Oaks WWTP
Pander County
Dear Permittee:
A review of the September 2020 Non -Discharge Monitoring Report (NDMR) for the subject facility revealed the
violation(s) indicated below:
Limit Exceedance Uolationfsl:
Sample
Location Parameter
Limit Reported
Date Value Value Type of Violation
001 Nitrogen, Total (as N) (00600) 9/30/2020 7 11.47 Monthly Average Exceeded
001 Phosphorus, Total (as P) 9/30/2020 3 5.13 Monthly Average Exceeded
(00665)
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 Non -discharge 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.
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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.
If you have any questions concerning this matter or to apply for an SOC, please contact Helen Perez of the
Wilmington Regional Office at 910-796-7215.
Sincerely,
omuftne by:
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Morelia Sanchez -King, Regional Supervisor
Water Quality Regional Operations Section
Wilmington Regional Office
Division of Water Resources, NCDEQ
Cc: Sean McMillan —electronic copy
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