NC0025453_NOV and Intent to Assess_20230216

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
Certified Mail # 7020 3160 0000 4115 6150
Return Receipt Requested
Rich Cappola, Town Manager
Town of Clayton
PO Box 879
Clayton, NC 27528-0879
NORTH CAROLINA
Envtronmenta/Quality
February 16, 2023
SUBJECT: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL
Tracking Number: NOV-2023-MV-0021
Permit No. NCO025453
Sam's Branch WRF
Johnston County
Dear Mr. Cappola:
A review of the December 2022 Discharge Monitoring Report (DMR) for
violation(s) indicated below:
Monitoring Violation(s):
Sample
Location Parameter
Date
Ty
facility revealed the
of Violation
001 Effluent Coliform, Fecal MF, MFC Broth, 12/10/2022 2 X welk �requency Violation
44.5 C (31616)
A Notice of Violation/Intent to Issue Civil Penalty is being issued for the not
Statute (G.S.) 143-215.1 and the facility's NPDES WW Permit. Pursuant to
not more than twenty-five thousand dollars ($25,000.00) may be assessed
fails to act in accordance with the terms, conditions, or requirements of an)
143-215.1.
Lion of North Carolina General
3-215.6A, a civil penalty of
any person who violates or
issued pursuant to G.S.
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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
11_1Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ
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