The URL can be used to link to this page

Home My WebLink AboutWQ0003698_NOV-2022-LV-0130_20220303 March 3, 2022 CERTIFIED MAIL #7021 2720 0000 1254 5196 RETURN RECEIPT REQUESTED J. Robert Boyette, City Manager City of Marion P.O. Drawer 700 Marion, NC 28752 0700 Subject: NOTICE OF VIOLATION AND INTENT TO ENFORCE NOV-2022-LV-0130 Title 15A NCAC Subchapter 2L Groundwater Quality Violations Permit No. WQ0003698 City of Marion - Corpening Creek Wastewater Treatment Plant Class B Residuals Surface Disposal Units McDowell County Dear Mr. Boyette: The following Notice of Violation is being submitted to you based upon on a review of the November 2021 groundwater monitoring report (GW59). This letter is to formally notify you of violations of 15A NCAC 2L (Groundwater Quality Standards) and to advise you of what you are required to do to correct these violations. The following 2L violations include, but are not limited to the following: Well No. Date Constituent Concentration NC Standard or IMAC* Class Micrograms per liter (µg/l) MW-2 11/30/2021 Iron 28,400 300 GA MW-2 11/30/2021 Manganese 1,080 50 GA MW-2 11/30/2021 Ammonia 6,000 1,500 GA MW-3 11/30/2021 Manganese 132 50 GA DocuSign Envelope ID: 0D8438AC-2974-426E-A722-E11E09B1937D J. Robert Boyette March 3, 2022 Page 2 of 3 Well No. Date Constituent Concentration NC Standard or IMAC* Class Micrograms per liter (µg/l) MW-3 11/30/2021 Nitrate 12,100 10,000 GA *IMAC- Interim Maximum Allowable Contaminant The reported constituent concentrations exceed those standards for CLASS GA waters, established in 15A NCAC 2L .0202. Due to these violations, you are required to take the following actions in accordance with applicable provisions in 15A NCAC 2L .0106 (d): (1) at or beyond a review boundary: the person shall demonstrate, through predictive calculations or modeling, that natural site conditions, facility design and operational controls will prevent a violation of standards at the compliance boundary. Alternately, the person may submit a plan for alteration of existing site conditions, facility design, or operational controls that will prevent a violation at the compliance boundary, and implement that plan upon its approval by the Secretary. (2) at or beyond a compliance boundary: the person shall respond in accordance with Paragraph (f) of this Rule, assess the cause, significance and extent of the violation of standards and submit the results of the investigation, and a plan and proposed schedule for corrective action to the Secretary. The permittee shall implement the plan as approved by and in accordance with a schedule established by the Secretary. In establishing a schedule, the Secretary shall consider any schedule proposed by the permittee, the scope of the project, the extent of contamination, and the corrective action being proposed. Please note that the site assessment required by 15A NCAC 2L .0106(g), and conducted pursuant to requirements of Paragraph (d) of this Rule, shall include the following: 1. The source and cause of contamination; 2. Any imminent hazards to public health and safety and actions taken to mitigate them in accordance with Paragraph (f) of this Rule; 3. All receptors and significant exposure pathways; 4. The horizontal and vertical extent of soil and groundwater contamination and all significant factors affecting contaminant transport; and 5. Geological and hydrogeological features influencing the movement, chemical, and physical character of the contaminants. DocuSign Envelope ID: 0D8438AC-2974-426E-A722-E11E09B1937D J. Robert Boyette March 3, 2022 Page 3 of 3 This Office requests that you provide a response to this letter in writing no later than sixty (60) days after receipt of this Notice. Your response should be sent to the Asheville Regional Office at the letterhead address. In your response, please confirm the City of Marion’s intent to comply with the above requirements by specifying the actions you plan to undertake to correct the violations and by submitting a proposed schedule for accomplishing these actions. Failure to submit the required reports or failure to expeditiously eliminate the contaminant source and restore groundwater quality in the affected area may result in the recommendation of enforcement action. Division of Water Resources staff are available to discuss an assessment approach consisting of phases and that focus on those constituents detected in the above-referenced monitoring wells. Please note additional waste boundary assessments may be required as a condition in your WQ0003698 permit currently under review for issuance. Please note that assessment of civil penalties may have already been recommended for violations described within this Notice of Violation. Failure to comply with the State's rules, in the manner and time specified, may result in the assessment of additional civil penalties and/or the use of other enforcement mechanisms available to the State. Fines may be imposed under NCGS 143-215.6A(a)(1) of not more than $25,000 per violation of any classification, standard, limitation or management practice established pursuant to G.S. 143-214.1. Additional action may include the issuance of a special order against you under the authority of G.S. 143-215.2, or a request to the Attorney General to institute an action for injunctive relief. If any failure to act is continuous, penalties may be assessed not to exceed a maximum penalty of $25,000 per day per violation under NCGS 143-215.6A(b) so long as the violation continues. We appreciate your attention and prompt response in this matter. If you have questions, please do not hesitate to call Brett Laverty at (828) 296-4500 or brett.laverty@ncdenr.gov. Sincerely, G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDEQ ec: ARO files Brant Sikes – City of Marion Public Works Department DocuSign Envelope ID: 0D8438AC-2974-426E-A722-E11E09B1937D ...0 / I r Er Certified Mail Fee u•1 ru $ rq Extra Services & Fees (check bar, add tee as appropriate) ❑ Return Receipt (hardcopy) $ E3 ❑ Return Receipt (electronic) $ E3 ❑ Certified Mall Restricted Delivery $ C3 ❑ Adult Signature Required $ E3 ❑Adult Signature Restricted Delivery $ C3 Postage ru $ _ r` Totalnj J. Robert Boyette, a $ent City Manager ru $rise City of Marion PO Drawer 700 cry, Marion, NC 28752-077 ■ Complete items 1, 2, and 3. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: J. Robert Boyette, City Manziger City of Marion P.O. Drawer 700 Marion, NC 28752 0700 A. atur Rec9'd by D. Is delivery If YES, epiter Postmark Here v ❑ Agent ❑ Addressee C ate f Delive NCh_ I-Z� er"ent7ro el> ❑ Yes address bel No MAR 4 y 2022 3. Service Type ` ❑ PriotXy Mail Express@ II NIIIII I II III IIII III III IIII!I II'lll III(III ❑ It Signature (/SPS 0 Registered Mall' dull Signature Restricted DellvecK.-----[) Registered Mail Restrcctec 9590 9402 7043 1225 9581 09 Certified Mails ❑ Certified Mall Restricted Delivery Delivery ❑ Signature ConfirmationW ❑ Collect on Delivery ❑ Signature Confirmation 2. Article Number (Transfer from service label) ❑ Collect on Delivery Restricted Delivery Restricted Delivery 7021 2720 0000 1254 5196 o Insured d Mall Restricted ❑elivnnr NOV-2022-LV-0130 , PS Form 3811, July 2020 PSN 7530-02-000-9053 WQ0003698 Domestic Return Receipt