HomeMy WebLinkAboutNC0026123_PC-2022-0064_20220308 DocuSign Envelope ID:6C679088-963B-4923-8165-BAE6DF5A6FAD
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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]