WQ0005790_NOV/NOI-2022-LV-0348_20220524

DocuSign Envelope ID: E5857CD5-4C9D-4146-9C9C-8BEOFOD42A20
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
Certified Mail # 7020 1290 0001 6718 3296
Return Receipt Reauested
Mark Moore
Town of Oak Island
4601 E Oak Is Drive
Oak Island, NC 28465-7608
NORTH CAROLINA
Environmental Quality
May 25, 2022
SUBJECT: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY
Tracking Number: NOV-2022-LV-0348
Permit No. WQ0005790
Fish Factory Road WRF
Brunswick County
Dear Permittee:
A review of the March 2022 Non -Discharge Monitoring Report
(NDMR) for the subject facility revealed the
violation(s) indicated below:
Limit Exceedance Violation(s):
Sample
Limit
Reported
Location Parameter
Date
Value
Value
Type of Violation
001 BOD, 5-Day (20 Deg. C)
3/2/2022
15
42
Daily Maximum Exceeded
(00310)
001 Nitrogen, Ammonia Total (as
3/2/2022
6
28.1
Daily Maximum Exceeded
N) (00610)
001 Coliform, Fecal MF, MFC Broth,
3/16/2022
25
1,990
Daily Maximum Exceeded
44.5 C (31616)
001 BOD, 5-Day (20 Deg. C)
3/31/2022
10
23.5
Monthly Average Exceeded
(00310)
001 Coliform, Fecal MF, MFC Broth,
3/31/2022
14
44.61
Monthly Geometric Mean Exceeded
44.5 C (31616)
001 Nitrogen, Ammonia Total (as
3/31/2022
4
14.5
Monthly Average Exceeded
N) (00610)
D Q�) North Carolina Department of Environmental Quality I Division of Water Resources
Wilmington Regional Office 1 127 Cardinal Drive Extension I Wilmington. North Carolina 28405
^•�•^•e•�•�Fm�'•�^•^�•�� /'� 910.796,7215

DocuSign Envelope ID: E5857CD5-4C9D-4146-9C9C-8BEOFOD42A20
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 Non -discharge 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.
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.
If you have any questions concerning this matter or to apply for an SOC, please contact Helen Perez of the
Wilmington Regional Office at 910-796-7215.
Sincerely,
EDocuSigned by:
'Cow Than-f�.•�cuti
lJ for
7F141E73B6F3456...
Morella Sanchez -King, Regional Supervisor
Water Quality Regional Operations Section
Wilmington Regional Office
Division of Water Resources, NCDEQ
Cc: WQS Wilmington Regional Office - Enforcement File
Kenny Von Voigt — electronic copy
5 � �-O North Carolina Department of Environmental Quality I Division of Water Resources
Wilmington Regional Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 28405
^•>'•^•e•�•�Fm�'•�^•^�•�� /'� 410.7e6.7215