NCG590002_NOV-2022-MV-0077_20220520

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
Certifed Mail # 7020 3160 0000 4109 5947
Jte#urn Receipt Requested
Thomas Richards, Mayor
Town of Bailey
PO Box 40
Bailey, NC 27807-0040
NORTH CAROLINA
Environmental Quality
May 20, 2022
SUBJECT: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY
Tracking Number: NOV-2022-MV-0077
Permit No. NCG590002
Bailey Well #2 WTP
Nash County
Mayor Richards:
A review of the March 2022 Discharge Monitoring Report (DMR) for the subject facility revealed the violations
indicated below:
Monitoring Violations:
Sample Monitoring
Location Parameter Date Frequency Type of Violation
001 Effluent Hardness, Total (as CaCO3) 3/31/2022 Quarterly Frequency Violation
(00900)
001 Effluent Nitrogen, Total - Concentration 3/31/2022 Quarterly Frequency Violation
(C0600)
001 Effluent Phosphorus, Total (as P) - 3/31/2022 Quarterly Frequency Violation
Concentration (C0665)
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.
North Carolina Department of EnstronmentalQuaRty I DhAslon of Water Resources
Raleigh Regional Oflke 13600 barren Delve i Raleigh. North Carolina 27609
919391.4200

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 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 Mitchell Hayes of the
Raleigh Regional Office at 919-791-4200.
Sincerely,
.10..cr:1,4414- -------
Scott Vinson, Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ
Cc: WQS Raleigh Regional Office - Enforcement File
Laserfiche
:11s\9)
North Carolina Department of Envh on mental Quality I Division of Water Resources
Rakigh Regional Office 3600 Barrett Drive Raleigh, North Carolina 27609
919.7%4200