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HomeMy WebLinkAboutNC0036196_Annual Report_20210511ROY COOPER Governor DIONNE DELLI-GATTI Secretory S. DANIEL SMITH Director CERTIFIED MAIL #7018 3090 0001 2328 4846 RETURN RECEIPT REQUESTED: James Wentz Public Works Director City of Newton Post Office Box 550 Newton, NC 28658 Dear Mr. Wentz: NORTH CAROLINA Environmental Quality May 11, 2021 SUBJECT: Notice of Violation/Failure to Properly Implement Pretreatment Program PAR Review City of Newton NPDES Permit No. NC0036196 Catawba County Tracking No. NOV-2021-PC-0284 Mooresville Regional Office staff has reviewed the City's PAR for the reporting period of January through December 2020. This letter is being issued as a Notice of Violation (NOV) due to the City's failure to properly implement the Pretreatment Program, violations of 40 CFR 403.8(0(5), 15A NCAC 2H .0905 and subject NPDES Permit. Specifically, the City failed to determine Significant Noncompliance (SNC) status for Special Metals Welding Products Co. (Permit #1015) during the first half of 2020. Three of the six nickel results reported during this period were Technical Review Criteria violations and therefore, the SIU was in SNC. The City must determine SNC status according to 40 CFR 403.8(f)(2)(viii), 15A NCAC 2H .0903(b)(34) and local sewer use ordinance. Please be advised that pursuant to G.S. 143-215.6A, a civil penalty of not more than twenty-five thousand dollars ($25,000.00) per violation per day, 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. The City has submitted updated copies of the PAR (including Narrative, PPS Form, SNCR and IDSF) for review by this Office prior to completing the evaluation. In addition, the City's Pretreatment Coordinator has already submitted a copy of the Public Notice to address the SIU's SNC status. After a review of the updated PAR, the City has completed the PAR in accordance with 15A NCAC 2H .0908(b) requirements and guidelines set forth in the Comprehensive Guidance for North Carolina Pretreatment Programs. The next PAR will be due March 1, 2022. D_ENORTH CPPOLINA North Carolina Department of Environmental Quality I Division of Water Resources Mooresville Regional Office 1610 East Center Avenue. Suite 301 I Mooresville. North Carolina 28115 704.663.1699 It is requested that a written response be submitted to this Office by May 28, 2021, detailing actions taken to prevent the above -noted violation from reoccurring. In responding, please address your comments to the attention of Mr. Wes Bell. If there are any questions concerning your PAR, please do not hesitate to contact Mr. Bell at (704) 235-2192 and/or Mr. Michael Montebello at (919) 707-3024, or via email at wes.bell@ncdenr.gov. and michael.montebello@ncdenr.gov. DNORTH CPPOLINA _E Sincerely, by: [DocuSigned te"/ A14CC681AF27425... W. Corey Basinger, Regional Supervisor Water Quality Regional Operations Section Mooresville Regional Office Division of Water Resources, NCDEQ North Carolina Department of Environmental Quality I Division of Water Resources Mooresville Regional Office 1610 East Center Avenue. Suite 301 I Mooresville. North Carolina 28115 704.663.1699