NC0024236_NOV-2022-PC-0051_20220214

ROY COOPER
Governor
ELIZABETH 5. BISER
Secretary
S. DANIEL SMITH
Director
Certified Mail # 7021 1970 0001 1325 0889
Return Receipt Requested
Rhonda Barwick, Interim City Manager
City of Kinston
PO Drawer 339
Kinston, NC 28502
NORTH CAROLINA
Environmental Quality
February 14, 2022
SUBJECT: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY
Tracking Number: NOV-2022-PC-0051
Permit No. NC0024236
Johnnie Mosley Regional WRF
Lenoir County
Dear Ms. Barwick:
Kenneth Stevens reported a bypass of the denitrification filters from February 3, 2022 at 1:00 am through
February 5, 2022 at 9:00 am. The bypass was due to heavy pin floc discharging from Clarifiers #3. The
unpermitted bypass is a violation of NPDES Permit Standard Conditions Section C. Operations and Maintenance
Control, 4 Bypassing of Treatment Facilities, c.
4. Bypassing of Treatment Facilities
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
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.
The Division requests that you provide a written response and describe actions the facility will take to prevent
future bypasses of the sand filter. Please respond in writing within ten (10) business days after receipt of this
--"A North Carolina Prparimc.i arEmironmental Quality I Division of Water R:sources
.4")
rmeni,..1.Enn.,,0.11;\
252.9464481
D_E
Washington Regional Office 1943 Washington Square Mall I Washington, North Carolina 27869

Notice. A review of your response will be considered along with any additional 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.
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 Robbie Bullock of the
Washington Regional Office at 252-946-6481.
Cc: Laserfiche
Sincerely,
Rottil TR.4
Robert Tankard, Assistant Regional Supervisor
Water Quality Regional Operations Section
Washington Regional Office
Division of Water Resources, NCDEQ
North Carolina Department of ErvIronmental Quality I Dlvlslon of Waler Resources
Washington Regional Office 1 943 Washington Square Mall I Washington, North Carolina 27889
252.946.6481