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HomeMy WebLinkAboutNC0044423_NOI2022LV0544_20220812ROY COOPER Governor ELIZABETH S. BISER Secretary RICHARD E. ROGERS, JR. Director NORTH CAROLINA Environmental Quality Certified Mail # 7020-1810-0001-2074-8355 Return Receipt Requested August 12, 2022 Daniel Gryder Appalachian State University 265 Dale St Boone, NC 28608 SUBJECT: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY Tracking Number: NOV-2022-LV-0544 Permit No. NC0044423 Appalachian State WTP Watauga County Dear Mr. Gryder: A review of the March 2022 Discharge Monitoring Report (DMR) for the subject facility revealed the violation(s) indicated below: Limit Exceedance Violation(s): Sample Location Parameter Limit Reported Date Value Value Type of Violation 001 Effluent Copper, Total (as Cu) (01042) 3/16/2022 5.2 9.9 Daily Maximum Exceeded 001 Effluent Turbidity (00070) 3/16/2022 10 11.6 Daily Maximum Exceeded 001 Effluent Turbidity (00070) 3/28/2022 10 10.4 Daily Maximum Exceeded 001 Effluent Copper, Total (as Cu) (01042) 3/31/2022 4 9.9 Monthly Average Exceeded 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. ODE North Carolina Department of Environmental Quality 1 Division of Water Resources Winston-Salem Regional Office 1450 West Hanes Mill Road. Suite 300 I Winston-Salem. North Carolina 27105 33.5.776.9800 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 Tricia Lowery of the Winston-Salem Regional Office at 336-776-9691. Sincerely, DocuSiiggned by:� %by A. l . c A,atr 145B49E225C94 EA... Lon T. Snider, Regional Supervisor Water Quality Regional Operations Section Winston-Salem Regional Office Division of Water Resources, NCDEQ Ec: Winston-Salem Regional Office - Electronic File Laserfiche ODE North Carolina Department of Environmental Quality I Division of Water Resources Winston-Salem Regional Office 1450 West Hanes Mill Road. Suite 300 I Winston-Salem. North Carolina 27105 336 716.9800