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
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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