NC0087840_NOV-2021-MV-0021 RSP_20210304

10232 South Nash Street
Post Office Box 69
Middlesex, NC 27557
252-235-5761 fax [phone]
Town of Middlesex
March 4, 2021
Scott Vinson, Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ
Subject: Notice of Violation & Intent to Assess Civil Penalty
Tracking Number: NOV-2021-MV-0021
Permit# NC 0087840
Middlesex Well # 4 WTP
Nash County
Mr. Vinson:
The Town of Middlesex appreciates the opportunity to respond to NOV-2021-MV-0021 dated
February 25, 2021. This letter shall serve as the Town of Middlesex response and it is
our hope that the information provided will result in no further action by the Division.
Pertaining to the Frequency Violation for the Semi -Annual sampling for Total Nitrogen and
Total Phosphorous:
The normal procedure for this and all sampling requires the lab to send the bottles that are needed for
the months sampling. The bottles for the Total Nitrogen and Total Phosphorous were not included in
the initial delivery. The operator contacted the lab about the issues and was reassured the bottles would
be sent.
The bottles were not received and therefore the operator forgot and failed to sample the
required parameter.
Based on the Towns history of compliance we respectfully request that the Division consider these
efforts and take no further action. If we can be of any further assistance or additional information is
needed, please contact me at [phone].
t1/4-137
Lu Harvey, Mayor -
Town ofMiddlesex

ROY COOPER
Cover(lot
MICHAEL S. REGAN
Secretory
S. DANIEL SMITH
Direcior
Certified Mail # 7017 2680 0000 2219 6012
Return Receipt Requested
Luther Harvey Lewis, Mayor
Town of Middlesex
PO Box 69
Middlesex, NC 27557
NORM CAROI.INA
Eri virbmmmratai Quality
February 25, 2021
SUBJECT: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY
Tracking Number: NOV-2021-MV-0021
Permit No. NC0087840
Well #4 WTP
Nash County
Mayor Lewis:
A review of the December 2020 Discharge Monitoring Report (DMR) for the subject facility revealed the
violations indicated below:
Monitoring Violations:
Sample Monitoring
Location Parameter Date Frequency Type of Violation
001 Effluent Nitrogen, Total -Concentration 12/31/2020 Semi-annually Frequency Violation
(C0600)
001 Effluent Phosphorus, Total (as P) - 12/31/2020 Semi-annually Frequency Violation
Concentration (C0665)
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.
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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.
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 Mitchell Hayes of the
Raleigh Regional Office at 919-791-4200.
Sincerely,
Scott Vinson, Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ
Cc: WQS Raleigh Regional. Office - Enforcement File
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