NCG590002_NOV and Intent to Assess_20230220

ROY COOPER
Governor
ELIZABETH S. BISER
Secretory
RICHARD E. ROGERS, JR.
Director
Certified Mail # 7020 3160 0000 4115 6198
Return Receipt Requested
Thomas Richards, Mayor
Town of Bailey
PO Box 40
Bailey, NC 27807-0040
NORTH CAROLINA
Environmental Quality
February 20, 2023
SUBJECT: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL
Tracking Number: NOV-2023-LV-0101
Permit No. NCG590002
Bailey Well #2 WTP
Nash County
Mayor Richards:
.TY
A review of the December 2022 Discharge Monitoring Report (DMR) for the
subje
facility revealed the
violation(s) indicated below:
Limit Exceedance Violation(s):
Sample
Limit
Reported
Location Parameter
Date
Value
Value
lypeofViolation
001 Effluent Solids, Total Suspended -
12/6/2022
45
612
Daily
Maximum Exceeded
Concentration (CO530)
001 Effluent Turbidity (00070)
12/6/2022
50
551
Daily
Maximum Exceeded
001 Effluent Solids, Total Suspended -
12/31/2022
30
36.35
Monthly
Average Exceeded
Concentration (CO530)
A Notice of Violation/Intent to Issue Civil Penalty is being issued for the noted viole tion of North Carolina General
Statute (G.S.) 143-215.1 and the facility's NPDES WW Permit. Pursuant to G.S. 14 3-215.6A, a civil penalty of
not more than twenty-five thousand dollars ($25,000.00) may be assessed z gainst 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.
RaleNh Rc9bIW OIhe I3B00 Bernell Delve
.. 919.M"200

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.
Laserfiche
Sincerely,
Scott Vinson, Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ
D � North Iln.Oep.nm of Envtronmengl Quallry l MNl of Water 9esa n
9d gh 9e91 Ofte I Um" OYe I UN9K Nonh brM 2709
e� %9.79 200