WQ0033589_NOV and Intent to Assess_20230321

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
Certified Mail 7021 0950 0001 8685 4174
Return Receipt Reauested
NORTH CAROLINA
Environmental Quality
March 21, 2023
Michael P. Remige, General Manager
North Carolina Department of Natural and Cultural Resources
P.O. Box 1445
Nags Head, NC 27959
SUBJECT: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY
Tracking Number: NOV-2023-LV-0191
Permit No. WQ0033589
Jennette's Pier WWTP
Dare County
Dear Mr. Remige:
A review of the November 2022 Non -Discharge Monitoring Report (NDMR) 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 Nitrogen, Total (as N) (00600) 11/30/2022 7 10.25 Monthly Average Exceeded
001 Phosphorus, Total (as P) 11/30/2022 3 4.54 Monthly Average Exceeded
(00665)
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.
D Q✓-" North Carolina Department of Envtronmerrcal Quality I Division of Water Resources
Washington Regional Offtce 1 943 Washington Square Mah I Washington. North Carolina 27889
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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) 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.
If you have any questions regarding this Notice or need additional information, you may contact Robert Tankard at
[phone] or Randy Sipe at [phone].
Sincerely,
ROW TOW."
Robert Tankard, Assistant Regional Supervisor
Water Quality Regional Operations Section
Washington Regional Office
Division of Water Resources, NCDEQ
Cc: Chad Allen — Backup ORC (electronic copy)
Laserfiche
D_EQ-- North Carolina Department of Environmental Quality I Division of Water Resources
Washington Regional Office 1 943 Washington Square Mall I Washington. North Carolina 27889
252.946.6485