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HomeMy WebLinkAboutWQ0005426_NOV Response for MV-0088-0089.0419.2022_20220419North Carolina Division of Parks and Recreation Governor Roy Cooper Secretary D. Reid Wilson April 19, 2022 Division of Water Resources, DEQ Subject: NOV-2022-MV-0088 NOV-2022-MV-0089 Permit # WQ0005426 Falls Lake SRA — Holly Point WWTF Wake County To Whom it May Concern: On June 16, 2022, I signed for a certified letter with the two Notice of Violations listed above at the US Post Office. The NOVs were for Holly Point WWTF (WQ0005426) for frequency violations for Chlorine, Total Residual (50060) and pH (00400) in January and February 2022. I have attached the NOVs for your reference. Falls Lake has three spray irrigation systems. The other two systems (WQ0002121 and WQ0005247) both have monitoring requirements for these two parameters with the frequency set as Weekly/Per Event, with the stipulation that weekly sampling shall be conducted from March through September and per irrigation event sampling shall be conducted from October through February. However, the permit for this system (WQ0005426) just states that the frequency for the monitoring requirements for these two parameters as weekly, with no stipulation based on the month or spray event. In speaking with Curtis Tyree, the ORC for Falls Lake up until Feb 11, 2022, he stated that the inspector that inspected this system during the last permit renewal was supposed to have the permit changed to reflect the same parameters and monitoring requirements as Falls Lake's other two systems. Obviously, this did not get done and while it is our responsibility to operate under the permit as it is written, since that permit renewal Falls Lake has been operating with the understanding that all three systems were to follow the same testing requirements for these two parameters based on the month of the year and per spray event. For these months that we received NOVs, Falls Lake was operating with that understanding. We did have spray events in both January and February, and because of that we did submit samples for those two parameters during those weeks and did report those results on our NDMRs. Dwayne Patterson, Director NC Division of Parks and Recreation 1615 MSC - Raleigh, NC 27699-1615 919.707.9300 / ncparks.gov NORTH CAROLINA STATE PARKS Natioal4s Wonder/4 NORTH CAROLLR STATE T. - North Carolina Division of Parks and Recreation Governor Roy Cooper Secretary D. Reid Wilson I have received and downloaded the Modification Application Peiiiiit for Wastewater Irrigation Systems (WWIS 06-16) and will be submitting a request to have these parameters changed to reflect the same measurement frequency for all three systems. I will follow up on this once we have completed the process. I reached out to Nathaniel Thornburg about the permit modification requirements earlier this year, and he responded that they are understaffed and are responding to requests as their workload allows. I did let him know that I would appreciate this process being handled before October, when the sampling requirements for our other two systems go back to per spray event. I will be following up with Mr. Thornburg about this. Please let me know if I need to do anything further to remedy these NOVs. You can reach me at the phone number or email listed below. Sincerely, David Mumford, Park Superintendent Falls Lake SRA 13304 Creedmoor Rd. Wake Forest, NC 27587 984-867-8000 david.mumford@ncparks.gov Dwayne Patterson, Director NC Division of Parks and Recreation 1615 MSC - Raleigh, NC 27699-1615 919.707.9300 / ncparks.gov NORTH CAROLINA STATE PARKS Nate tae4 Wandoial DocuSign Envelope ID: 773FACCE-84F7-476D-914A-3D2B8B8A642B ROY COOPER Governor ELIZABETH S. BISER Secretary RICHARD E. ROGERS, JR. Director Certified Mail # 7017 268 0000 22361212 &turn Receipt Requested NORTH CAROLINA Environmental Quality June 10, 2022 David Mumford North Carolina Department of Natural and Cultural Resources Falls Lake SRA 13304 Creedmoor Road Wake Forest, NC 27587 Parks & Recreation JUN 16 2022 SUBJECT: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY Tracking Number: NOV-2022-MV-0089 Permit No. WQ0005426 Falls Lake SRA - Holly Point WWTF Wake County Dear Permittee: Falls Lake SRA A review of the January 2022 Non -Discharge Monitoring Report (NDMR) for the subject facility revealed the violation(s) indicated below: Monitoring Violation(s): Sample Location Parameter Monitoring Date Frequency Type of Violation 001 Chlorine, Total Residual (50060) 1/1/2022 -Weekly Frequency Violation 001 pH (00400) 1/1/2022 Weekly Frequency Violation 001 Chlorine, Total Residual (50060) 1/22/2022 Weekly Frequency Violation 001 pH (00400) 1/22/2022 Weekly Frequency Violation 001 Chlorine, Total Residual (50060) 1/29/2022 Weekly Frequency Violation 001 pH (00400) 1/29/2022 Weekly Frequency Violation 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. North Carolina Department of Environmental Quality 1 Division of Water Resataces Raleigh Regional Office 13800 Barrett Drive I Raleigh. North Carolina 27509 919.791.4200 DocuSign Envelope ID: 773FACCE-84F7-476D-914A-3D2B8B8A642B If you wish to provide additional information regarding the noted violation, request tecnnicai 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 Dorothy Robson of the Raleigh Regional Office at 919-791-4200. Sincerely, DocuSigned by: Ehwa,ssa f . 114.aln.lgi, B2916E6AB32144F... Vanessa E Manuel, Assistant Regional Supervisor Water Quality Regional Operations Section Raleigh Regional Office Division of Water Resources, NCDEQ Cc: NON -DISCHARGE Compliance/Enforcement Unit - Laserfiche North Carolina Department of Environmental Quality 1 Division of Water Resources Raleigh Regional Office l 31100 Barrett Drive I Raleigh, North Carolina 27609 919.7914200 DocuSign Envelope ID: 773FACCE-84F7-476D-914A-3D2B8B8A642B ROY COOPER Governor ELIZABETH S. BISER Secretary RICHARD E. ROGERS, JR. Director Certified Mail # 7017 2680 0000 2236 1212 ReturnReceipt Requested NORTH CAROLINA Environtnnental Quality June 10, 2022 David Mumford North Carolina Department of Natural and Cultural Resources Falls Lake SRA 13304 Creedmoor Road Wake Forest, NC 27587 SUBJECT: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY Tracking Number: NOV-2022-MV-0088 Permit No. WQ0005426 Falls Lake SRA - Holly Point WWTF Wake County Dear Permittee: Parks & Recreation JUN 1° 6 2022 Falls Lake SRA g44.1 A review of the February 2022 Non -Discharge Monitoring Report (NDMR) for the subject facility revealed the violation(s) indicated below: Monitoring Violation(s); Sample Monitoring Location Parameter Date Frequency Type of Violation 001 Chlorine, Total Residual (50060) 2/12/2022 Weekly Frequency Violation 001 pH (00400) 2/12/2022 Weekly Frequency Violation 001 Chlorine, Total Residual (50060) 2/19/2022 Weekly Frequency Violation 001 pH (00400) 2/19/2022 Weekly Frequency Violation 001 Chlorine, Total Residual (50060) 2/26/2022 Weekly Frequency Violation 001 pH (00400) 2/26/2022 Weekly Frequency Violation 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. North Carolina Department of Environmental Quality I Division of Water Resources Raleigh Regional Office 13600 Barrett Drive I Raleigh. North Carolina 27609 919.791.4200 DocuSign Envelope ID: 773FACCE-84F7r47613-914A-3D2B8B8A642B 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 prepa red. 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 Dorothy Robson of the Raleigh Regional Office at 919-791-4200. Sincerely, DocuSigned by: L1ss a. f. hatitud, B2916E6AB32144F... Vanessa E Manuel, Assistant Regional Supervisor Water Quality Regional Operations Section Raleigh Regional Office Division of Water Resources, NCDEQ Cc: NON -DISCHARGE Compliance/Enforcement Unit Laserfiche North Carolina Department of Environmental Quaky I Division of water Resources RaMph Regional Office 13800 Barrett Drive I Raleigh, North Carolina 27609 919.791.4200