WQ0002829_NOV-2019-LV-0217 NOI_20190326

ROY COOPER
60verrlor
K41CHAEL S. REGAN
Secretary
LINDA CULPEPPER
Pir(ytor
Certified Mail # 7017 3380 0001 0998 9766
Return Receipt Requested
George E Goodrich
KDHWWTP, LLC
PO Box 3629
Kill Devil Hills, NC 27948
NORTH CAROLINA
Environmental Quality
March 26, 2019
SUBJECT: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY
Tracking Number: NOV-2019-LV-0217
Permit No. WQ0002829
KDHWWTP
Dare County
Dear Mr. Goodrich:
A review of the September 2018 Non -Discharge Monitoring Report (NDMR) 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
002
Nitrogen, Total (as N) (00600)
9/30/2018
7
31.7
Monthly Average Exceeded
002
Phosphorus, Total (as P)
9/30/2018
3
13.62
Monthly Average Exceeded
(00665)
005
Flow, in conduit or thru
9/30/2018
215,456
240,000
Monthly Average Exceeded
treatment plant (50050)
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 Non -discharge 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 ;A ra rs Departrrent of Erv:r:lr. rrsrts QLs t%. I D v.sor of Water Feso4rces
Wash rgton Reflona-Offce I S43 Wask rflton Swsre his:: I Wash'r.gtoc, North iar7 ra 2755D
�`� ° 252 *46-64B 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. 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 14 in Section IV, 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 Sarah Toppen of the
Washington Regional Office at 252-948-3845.
Sincerely,
14" T"4"
Robert Tankard, Assistant Regional Supervisor
Water Quality Regional Operations Section
Washington Regional Office
Division of Water Resources, NCDEQ
Cc: WQS Washington Regional Office - Enforcement File
NON -DISCHARGE Compliance/Enforcement Unit - Enforcement File
North Caro rs Department of Erv:ror.msnts:Qus ty I D v.sor. of Water Faso4rces
Wash rgton Reflona-Offce 1943 Wask rflton Swsre his:: I Wash'r.gtor, North %sro :ra 27539