NC0041696_NOV-2020-LV-0925_20210202

DocuSign Envelope ID: ED481 D09-C873-4866-9325-0946C9BA860C
ROY COOPER
Governor
MICHAEL S. REGAN
Secretory
S. DANIEL SMITH NORTH CAROLINA
Director Environmental Quality
Certified Mail # 7020 1290 0001 1766 2611
Return Receipt Requested
February 2, 2021
Seth Eckard
Town of Valdese
PO Box 339
Valdese, NC 28690-0339
SUBJECT: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY
Tracking Number: NOV-2020-LV-0925
Permit No. NC0041696
Lake Rhodhiss WWTP
Burke County
Dear Permittee:
A review of the November 2020 Discharge Monitoring Report (DMR) for the subject facility revealed the
violation(s) indicated below:
Limit Exceedance Violation(s):
Sample Limit Reported
Location Parameter Date Value Value Type of Violation
001 Effluent Solids, Total Suspended - 11/14/2020 45 130.62 Weekly Average Exceeded
Concentration (C0530)
An Upset at the WWTP was also reported due to hurricane Eta on November 12, 2020.
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 Caro LepErtme ntd Emmonmente Qua! ty I D•vsor _' Water Resources
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DocuSign Envelope ID: ED481 D09-C873-4866-9325-0946C9BA860C
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 Linda Wiggs of the
Asheville Regional Office at 828-296-4500.
Sincerely,
,—DocuSigned by:
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Daniel Boss, Asst. Regional Supervisor
Water Quality Regional Operations Section
Asheville Regional Office
Division of Water Resources, NCDEQ
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