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HomeMy WebLinkAboutNC0026123_PC-2022-0064_20220308 DocuSign Envelope ID:6C679088-963B-4923-8165-BAE6DF5A6FAD a ox 4 1 ROY COOPER Governor �N' _} ELIZABETH S.BISER ` , Secretary S.DANIEL SMITH NORTH CAROLINA Director Environmental Quality 3/8/2022 CERTIFIED MAIL 7018 1830 0001 8037 0328 RETURN RECEIPT REQUESTED John N. Ogburn III,City Manager City of Asheboro PO Box 1106 Asheboro,NC 27204-1106 Subject: NOTICE OF VIOLATION(NOV-2022-PC-0064)& Intent to Assess CIVIL PENALTIES Asheboro WWTP NPDES Permit NC0026123 1 Randolph County Dear Mr. Ogburn: The North Carolina Division of Water Resources has reviewed the data submitted on your Discharge Monitoring Report(DMR)for the month of October 2021 and additional instream monitoring data,and found the City of Asheboro to be in violation of their NPDES Permit and North Carolina water quality standards.The violations are enumerated below. Violations of North Carolina Water Quality Standards I15A NCAC 02B.0208(all The discharge data for the month of October 2021 indicates that the City of Asheboro had multiple discharges of 1,4-Dioxane in the amounts of 37.5 ug/L on October 1st,44.5 ug/L on October 8th, 114 ug/L on October 15th, 548 ug/L on October 21st,and 636 ug/L on October 29th. An instream sample of Haskett Creek was taken on October 13,2021 by Division of Water Resources staff.A review of the data shows an instream concentration of 98 ug/L of 1,4-Dioxane. Based the sampling results and discharge data for the month of October 2021,the Division has found the City of Asheboro to be in violation of North Carolina water quality standards[15A NCAC 02B .0208 (a)],which states: "Toxic Substances: the concentration of toxic substances, either alone or in combination with other wastes, in surface waters shall not render waters injurious to aquatic life or wildlife, recreational activities, or public health, nor shall it impair the waters for any designated uses." Violations of NPDES Permit NC0026123 Conditions Review of the discharge data for October 2021 also indicates a violation of NPDES permit NC0026123 Part IV, Section C(2)(c)listed below. QNorth Carolina Department of Environmental Quality I Division of Water Resources ����//// 512 North Salisbury Street 11617 Mall Service Center I Raleigh.North Carolina 2769996I7 Deportment m e,..eamww wwi.\ /`.. 919.707.9000 DocuSign Envelope ID:6C679088-963B-4923-8165-BAE6DF5A6FAD City of Asheboro—NPDES Permit NC0026123 NOV-2022-PC-0064 Page 2 of 2 Part IV.Section C(2)(c).Municipal Control of Pollutants from Industrial Users The Permittee shall investigate the source of all discharges into the POTW, including slug loads and other unusual discharges, which have the potential to adversely impact the Permittee's Pretreatment Program and/or the operation of the POTW. The Permittee shall report such discharges into the POTW to the Director or the appropriate Regional Office. Any information shall be provided orally within 24 hours from the time the Permittee became aware of the circumstances.A written submission shall also be provided within 5 days of the time the Permittee becomes aware of the circumstances. The written submission shall contain a description of the discharge;the investigation into possible sources; the period of the discharge, including exact dates and times;if the discharge has not ceased, the anticipated time it is expected to continue;and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance This Notice of Violation/Intent to Issue Civil Penalty is being issued for the noted violation of North Carolina water quality standards(15A NCAC 2B .0100 and.0200)and the facility's NPDES Permit(NC0026123). 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: (1) Violates any classification,standard, limitation, or management practice established pursuant to G.S. 143- 214.1, 143-214.2, or 143-215, or (2)Is required but fails to apply for or to secure a permit required by G.S. 143-215.1, or who violates or fails to act in accordance with the terms, conditions, or requirements of such permit or any other permit or certification issued pursuant to authority conferred by this Part, including pretreatment permits issued by local governments and laboratory certifications. If you wish to provide additional information regarding the noted violation,request technical assistance,or discuss overall compliance please respond in writing within thirty 30 calendar days after receipt of this Notice.A review of your response will be considered along with any additional information provided when determining whether a civil penalty may be assessed. 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 you should have any questions,please do not hesitate to contact me at 919-707-3615. Sincerely, DocuSigned by: C i `—8328B44CE9EB4A1... John Hennessy Compliance and Expedited Permitting Supervisor ec:NPDES Program Files[Laserfiche] Winston-Salem—Regional Office[Laserfiche]