NC0066788_NOV-2021-LV-0178 NOI_20210324

DocuSign Envelope ID: BCAC92A7-6462-4F22-8F81-D75A11 D8EDD9
ROY COOPER
Governor
DIONNE DELLI-GATTI
Secretary
S. DANIEL SMITH
Director
NORTH CAROLINA
Environmental Quality
Certified Mail # 7020 1290 0001 1766 8606
Return Receipt Requested
March 24, 2021
Clark Wyatt, Director of Maintenance
Buncombe County Schools
175 Bingham Rd
Asheville, NC 28806
SUBJECT: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY
Tracking Number: NOV-2021-LV-0178
Permit No. NC0066788
Fairview Elementary School
Buncombe County
Dear Permittee:
A review of the February 2021 Discharge Monitoring Report (DMR) for the subject facility revealed the
violation(s) indicated below:
Limit Exceedance Violation(s):
Sample
Location Parameter
Date
Limit Reported
Value Value Type of Violation
001 Effluent BOD, 5-Day (20 Deg. C) - 2/4/2021
Concentration (C0310)
45 190 Daily Maximum Exceeded
001 Effluent BOD, 5-Day (20 Deg. C) - 2/28/2021
Concentration (C0310)
30 52.13 Monthly Average Exceeded
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 Carolina Department of Environmental Quality Division of Water Resources
Asheville Regional Office 12090 US8 Highway 70 I Swannanoa, North Carolina 28778
828.296,4500

DocuSign Envelope ID: BCAC92A7-6462-4F22-8F81-D75A11 D8EDD9
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.
Ec: Server, LF
Sincerely,
�DocuSigned by:
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Daniel Boss, Assistant Regional Supervisor
Water Quality Regional Operations Section
Asheville Regional Office
Division of Water Resources, NCDEQ
North Carolina Department of Environmental Quality Division of Water Resources
Asheville Regional Office 12090 U.S8 Highway 70 I Swannanoa, North Carolina 28778
828.2964500