NC0086550_Pretreatment NOV-2009-PC-0727_20090817

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NORTI 1 CAROI.INA DEPARTMENT OF ENVIRONMENT
ANL) NATURAL RESOURCES
DIVISION O1' WATER QUALITY/SURFACE \\'A'IVR PROTECTION
DALE', LOPED '
225 GREEN SI'REI:1 .d
SUITE 714
FAYI:;I"I1 V1L1,II NC 28301-5043
{111111111111111111111111111111111111111u1111111I111111fi1111!

AVA
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue - • Coleen H. Sullins
Governor Director
August 17, 2009
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
7008 1300 0001 1492 2675
Blake Proctor
Town of Fairmont
PO Box 248
Fairmont NC 28340
SUBJECT: Notice of Violation/Notice of, Intent To Enforce (NOV/NOI)
NOV-2009-PC-0727
For failure to proceed in a timely manner with processing the IUP; HWA,
ERP, STMP, IWS, and SUO for a CIU that has been discharging to the
Town of Fairmont Regional Waste Treatment Plant since March 2009
Permit No: NC0086550
Robeson County
Dear Mr. Proctor:
The Town of Fairmont is the permit holder for NPDES # 0086550, the delegated
Pretreatment Program Control Authority, and is responsible for compliance with its
NPDES permit, which includes the Division approved Pretreatment Program.
On July 21, 2008, the Fayetteville Regional Office emailed a pretreatment
application and an IWS to the Town of Fairmont in response to the Town's request to
re -activate their Pretreatment Program due to a new Categorical Industrial User moving
to Town. The Central. Office PERCS Unit followed up with an August 19, 2008, letter
establishing a schedule of due dates to update the Town's Pretreatment Program
Elements. These due dates were not met. During March 2009, the Categorical
Industrial User began discharging wastewater into the Town of Fairmont's collection
system, however the Town failed to submit a copy of the IUP to the Division.
The PERCS Unit sent a letter dated April 23, 2009, requiring submittal of the IUP
and other Program Elements. Please note that the Town did not respond to the PERCS
Unit concerning the April23rd letter. The Town's consultant did submit an IUP, which
was received by the PERCS Unit on May 8, 2009. More information was required in a
June. 5th letter from the PERCS Unit, with a response due date of August 1st. The
PERCS Unit did not receive any other Program Elements from the Town.
225 Green St., Suite 714, Fayetteville, NC 28301-5043
Phone: [phone] FAX: [phone] Customer Service: 1-877-623-6748
Internet: www.ncwaterquality.org
An Equal Opportunity \ Affirmative Action Employer
Dee Freeman
• Secretary
One .•
Nort.hCarol.ina
Naturally.

Mr. Proctor
August 17, 2009
Page 2
The PERCS Unit sent an NOV to the Town (dated July 8, 2009) for failure to
submit the other five required updated Program elements — HWA, STMP, SUO, ERP,
and IWS. Response was due July 31st. No response has been received from the Town
of Fairmont itself. On August 3, 2009, the Fayetteville Regional Office received a copy
of the Town pretreatment consultant's response letter (dated July 31, 2009). It included
a Schedule To Address State Requirements For Fairmont Pretreatment Program and a
Draft STMP.
To date, several of the proposed due dates in the Schedule for submission to the
Division have not been met. This NOV/NOI is sent to the Town of Fairmont for failure
to proceed in a timely manner to process the following Pretreatment Program elements:
ILJP, HWA, ERP, STMP, IWS, and SUO. Be advised that Section 143-215.6(A) of the
General Statues of North Carolina provides for assessment of civil penalties of up the
$25,000 per day per violation of NPDES Peiiuit Requirements. You are hereby
notified that, based on the above, this office is considering forwarding a
recommendation to the Director for consideration of penalty assessment.
To avoid assessment of penalties, the Town of Fairmont must immediately
respond to this Office in writing, due by September 16, 2009, including steps the
Town will be taking to ensure the timely completion of each of the dates in the
Schedule. Please send a copy of your reply to the PERCS Unit. If you wish to offer an
explanation for the violations, this will be considered in our decision on
recommendation to the Director. Please be advised that no additional time extensions
will be granted beyond the dates included in the Schedule that was submitted.
If you have any questions concerning this NOV/NOI, please contact Dale Lopez
or me at [phone], or Dana Folley at [phone].
Sincerely,
yeaLacD1 42-1"41.0w
Belinda S. Henson
Regional Supervisor
Surface Water Protection Supervisor
DF/DL: BSH/dl
cc: Johnny J. Britt, ORC
Laurene C. Rhyne, AquaLaurene, Inc.
Central Files
PERCS Unit
Fayetteville iR'giona_l Office;F i

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P.,t4u.sc_
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TOWN OF FAIRMONT
OFFICE OF THE TOWN MANA1ER
POST OFF ICE BOX 248, FAIRMONT,NORTH CAROLINA 28340
TELEPHONE: [phone] EXT 11 •••••PACSIMILR: 910-628-6025
September 10, 2009
Ms. Belinda Henson
Regional Supervisor
Surface Water Protection Supervisor
225 Green Street, Suite 711
Fayetteville, NC 28301
Re: Town of Fairmont
NPDES Permit No. NC0086550
Notice of Violation/Notice of Intent to Enforce
Dear Ms. Henson:
ITYY
I am writing in response to the Notice of Violation/Notice of Intent to Enforce dated August 17,
2009 in reference to the Town's Pretreatment Program. The Town of Fairmont recognizes and
apologizes for the untimely responsiveness to the State's request for information concerning the
reactivation of the Town's Pretreatment Program. Effective September 8, 2009, the Town, of
Fairmont has retained the services of Ms. Nadine Blackwell of United Water to assist with the
management of the Pretreatment Program.
Following is a proposed time table to submit the required Pretreatment Program Elements:
Program Element
Submittal Date
Headworks Analysis (based on literature data)
September 30, 2009
Industrial User Permit
October 10, 2009
Sewer Use Ordinance
October 30, 2009
Enforcement Response Plan
October 30, 2009
Industrial Waste Survey
November 30, 2009
Headworks Analysis (based on site specific
Short Term Monitoring Plan data)
August 31, 2010
It is my understanding that the Short Term Monitoring Plan has been approved by the
DWQ/PERCS Unit. The Fairmont wastewater treatment staff has scheduled the first sampling
event during the week of September 14, 2009 and thereafter samples will be conducted along
with the toxicity sampling during the months of November 2009, February 2010, and May 2010.
In addition, Mr. Johnny Britt conducted an on -site visit with Harger Lightning & Grounding on
September 4, 2009 and verified that their manufacturing process had not begun. Also, as of date
of this letter, Harger Lightning & Grounding has not discharged any process wastewater. It is my
understanding that Ms. Blackwell will be conducting an on -site visit with Harger Lightning &
Grounding on September 24, 2009 to conduct an inspection and review the conditions of the
Industrial User Permit with the responsible person for pretreatment.

I have requested that Ms. Blackwell submit a weekly progress report to me each Friday detailing
the current status of completing the Program Elements. After the Industrial Waste Survey is
submitted in November, 2009, the weekly progress reports will change to monthly status reports.
Going forward, please rest assured that the Town will take the necessary actions to ensure that the
Program Elements are submitted. The Town intends to be completely involved and informed with
the activity of the Pretreatment Program.
If you have any questions or require additional information, please do not hesitate to contact me.
Very cordially yours,
Town of Fairmont ,.
4 lat t,J0.
Blake Proctor, Town Manager
xc: Johnny Britt, WWTP ORC
Nadine Blackwell, United Water
Dana Folley, DWQ/PERCS Unit