NC0050610_NOI2021LV0493_20210706 (2)

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
S. DANIEL SMITH
Director
Certified Mail # 70181130000016125099
Return Receipt Requested
Jadd W Brewer
Water Quality Utilities Inc
PO Box 1167
Banner Elk, NC 28604-1167
NORTH CAROLINA
Environmental Quality
July 7, 2021
SUBJECT: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY
Tracking Number: NOV-2021-LV-0493
Permit No. NC0050610
The Ponds WWTP
Watauga County
Dear Permittee:
A review of the March 2021 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 Coliform, Fecal MF, MFC Broth, 3/10/2021 400 6,000 Daily Maximum Exceeded
44.5 C (31616)
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.
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.
NORTH
D E
Dopartmem of Envimnmomni au.i`
North Carolina Department of Environmental Quality Division of Water Resources
Winston-Salem Regional Office 450 West Hanes Mill Road, Suite 300 I Winston-Salem, North Carolina 27105
336.776.9800

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 Tricia Lowery of
the Winston-Salem Regional Office at 336-776-9691.
Sincerely,
DocuSigned by:
'-0D2D3CE3F1B7456_.
Jennifer F. Graznak, Assistant Regional Supervisor
Water Quality Regional Operations Section
Winston-Salem Regional Office
Division of Water Resources, NCDEQ
Cc: WQS Winston-Salem Regional Office - Enforcement File
NPDES Compliance/Enforcement Unit - Enforcement File
LD_E
NORTH CAROLINA
Department of Environmental quaky
North Carolina Department of Environmental Quality j Division of Water Resources
Winston-Salem Regional Office 1450 West Hanes Mill Road, Suite 300 I Winston-Salem, North Carolina 27105
336.776.9800