NC0033111_NOV-2021-PC-0415_20210818

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
S. DANIEL SMITH
Director
NORTH CAROLINA
Environmental Quality
Certified Mail # 7020 1810 0001 5980 9195
Return Receipt Requested
August 18, 2021
Don Denton, President
Carolina Water Service Inc of North Carolina
4944 Pkwy Plz Blvd, Ste 375
Charlotte, NC 28217
SUBJECT: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY
Tracking Number: NOV-2021-PC-0415
Fairfield Harbor WWTP
NPDES WW Permit No. NC0033111
Craven County
Dear Mr. Denton:
On 08/07/2021 from 06:40am to 07:30am an unauthorized bypass took place at Fairfield Harbor WWTP
operating under NPDES permit #NC0033111. The unauthorized bypass was estimated to be roughly 30,000
gallons, originated from the aeration basins and an estimated 15,000 gallons of the bypass made its way to
the Neuse River.
Violation(s):
Discharged to Incident
Location Estimated Quantity Surface Water? Date Number Type of Violation
Aeration Basin 30,000 gallons Yes: 15,00 gallons 08/07/2021 202101718 Unauthorized Bypass
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 Permit NC0033111. 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. 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.
North Carolina Department of Environmental Quality I Division of Water Resources
Washington Regional Office 1943 Washington Square Mall I Washington, North Carolina 22889
252.946,6481

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.
Pursuant to Permit Condition 2 in Section C: "Proper Operation and Maintenance"
The Permittee shall at all times properly operate and maintain all facilities and systems of treatment and
control (and related appurtenances) which are installed or used by the Permittee to achieve compliance
with the conditions of this permit. Proper operation and maintenance also includes adequate laboratory
controls and appropriate quality assurance procedures. This provision requires the Permittee to install and
operate backup or auxiliary facilities only when necessary to achieve compliance with the permit [40 CFR
122.41(e)].
NOTE: Properly and officially designated operators are fully responsible for all proper operation and
maintenance of the facility, and all documentation required thereof, whether acting as a contract operator
or a member of the Permittee's staff.
Pursuant to Permit Condition 4 Subsection c in Section C: "Prohibition of Bypass"
(1) Bypass from the treatment facility is prohibited and the Permit Issuing Authority may take
enforcement action against a Permittee for bypass, unless:
(A) Bypass was unavoidable to prevent loss of life, personal injury, or severe property damage.
(B) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities
retention of untreated wastes or maintenance during normal periods of equipment downtime. This
condition is not satisfied if adequate backup equipment should have been installed in the exercise of
reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment
downtime or preventive maintenance; and
(C) The Permittee submitted notices as required under Paragraph b. of this section.
(2) Bypass from the collection system is prohibited and the Permit Issuing Authority may take
enforcement action against a Permittee for a bypass as provided in any current or future system -wide
collection system
(3) The Permit Issuing Authority may approve an anticipated bypass, after considering its adverse
effects, if the Permit Issuing Authority determines that it will meet the three conditions listed above
in paragraph c. (1) of this section.
If you should have any questions, please do not hesitate to contact Paul Mays with the Water Quality
Regional Operations Section in the Washington Regional Office at 252-948-3940 or via email at
[e-mail].
cc: Laserfiche
Sincerely,
Vaxmat
David May, L.G., Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDEQ
Washington Regional Office
tD_E
North Carolina Department of Environmental Quality I DIvlsEon of Water Resources
Washington Regional Office 1943 Washington Square Mall I Washington, North Carolina 27889
252.946.6481