NC0026123_NOV-2023-WQ-0001_20230309

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
NORTH CAROLINA
Environmental Quality
CERTIFIED MAIL 7020 3160 0002 0860 9581
RETURN RECEIPT REQUESTED
John N. Ogburn III, City Manager
City of Asheboro
PO Box 1106
Asheboro, NC 27204-1106
Subject: NOTICE OF VIOLATION (NOV-2023-WQ-0001) &
Intent to Assess CIVIL PENALTIES
Incident # 202300487
Asheboro WWTP
NPDES Permit NCO026123
Randolph County
Dear Mr. Ogburn:
The North Carolina Division of Water Resources has reviewed the data submitted on your
Discharge Monitoring Report (DMR) for the month of January 2023 in addition to instream
monitoring data and found the City of Asheboro to be in violation of North Carolina water quality
standards. The violation is described below.
Violations of North Carolina Water Quality Standards [15A NCAC 02B .0208 (a)]
The discharge data for the month of January 2023 indicates that the City of Asheboro had multiple
discharges of 1,4-Dioxane in the amounts of 27 ug/L on January 61h, 302 ug/L on January 131h,
1,130 ug/L on January 20th, and 15.2 ug/L on January 27th.
An instream sample of Haskett Creek was taken on January 17, 2023 by Division of Water
Resources staff. A review of the data from that sampling event shows an instream concentration
of 900 ug/L of 1,4-Dioxane. Based the sampling results and discharge data for the month of
January 2023, the Division has found the City of Asheboro to be in violation of North Carolina
water quality standards [15A NCAC 02B .0208 (a)], which states:
"Toxic Substances: the concentration of toxic substances, either alone or in combination with
other wastes, in surface waters shall not render waters injurious to aquatic life or wildlife,
recreational activities, or public health, nor shall it impair the waters for any designated uses. "
DffNorth Carolina Department of Environmental Quality I Division of Water Resources
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Winston-Salem Regional Office 1 450 W. Hanes Mill Rd, Suite 300 I Winston-Salem, North Carolina 27105
M336.776.9800
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This Notice of Violation/Intent to Issue Civil Penalty is being issued for the noted violation of
North Carolina water quality standards (15A NCAC 2B .0100 and .0200). 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:
(1) Violates any classification, standard, limitation, or management practice established pursuant
to G.S. 143-214.1, 143-214.2, or 143-215, or
(2) Is required but fails to apply for or to secure a permit required by G.S. 143-215.1, or who
violates or fails to act in accordance with the terms, conditions, or requirements of such permit or
any other permit or certification issued pursuant to authority conferred by this Part, including
pretreatment permits issued by local governments and laboratory certifications.
If you wish to provide additional information regarding the noted violation, request technical
assistance, or discuss overall compliance please respond in writing within thirty 30 calendar days
after receipt of this Notice. A review of your response will be considered along with any additional
information provided when determining whether a civil penalty may be assessed.
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 you should have any questions, please do not hesitate to contact me at 336-776-9695 or
j enny. graznak(kncdenr. gov.
Sincerely,
DocuSigned by:
OD2D3CE3F1 B7456...
Jennifer F. Graznak, Assistant Regional Supervisor
Water Quality Regional Operations Section
Winston-Salem Regional Office
Division of Water Resources, NCDEQ
D North Carolina Department of Environmental Quality I Division of Water Resources
✓ Winston-Salem Regional Office 1 450 W. Hanes Mill Rd, Suite 300 1 Raleigh, North Carolina 27105
NORTH CAROLINA 336.776.9800
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