NC0066516_Compliance_20080918

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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
�� yW REGION 4
ATLANTA FEDERAL CENTER
23�\oz 61 FORSYTH STREET N'�
~rq< PA0,1 ATLANTA, GEORGIA 30303-8960 I ,
SEP 18 2008
CERTIFIED MAIL 7008 1140 0002 7576 5319
RETURN RECEIPT REQUESTED R�
Ms. Coleen Sullins n E C U
Director, Division of Water Quality
North Carolina Department of Environment SEP 2 Z
and Natural Resources
1617 Mail Service Center.
Raleigh, North Carolina 27699-1617 UIV{ D REC10R g OF gLIiY
CE
Re: Notice of Violation No. 309-2008-15 - a
NPDES Permit No. NCO066516 ���_ g ll V E
Town of Fuquay Public Utilities Department
Dear Ms. Sullins: SEP
Pursuant to Section 309(a)(1) of the Clean Water Act, 33 U.S.C. �' ,r%Qu DN SECTION
United States Environmental Protection Agency (EPA) has determined t quay
Public Utilities Department (the "Town") is in violation of its National Pollutant Discharge
Elimination System ("NPDES") Permit No. NCO066516 for the Fuquay Varina Terrible Creek
Wastewater Treatment Plant. The Town has been in noncompliance for violations of the
following effluent limitations and permit requirements including, but not limited to Biochemical
Oxygen Demand: weekly and monthly averages; Total Suspended Solids: weekly and monthly
averages; Nitrogen Ammonia: weekly and monthly averages; and Fecal Coliform: weekly and
monthly geometric means.
EPA is simultaneously notifying the Town of these findings through the issuance of a
Notice of Violation (NOV). A copy of the NOV to the Town is enclosed for your convenience
and record.
If the State commences appropriate action within thirty (30) days of receipt of this letter
to assure that the Town achieves expeditious compliance with its NPDES permit, additional EPA
involvement may not be required. However, if the State does not take such action, EPA may
then take the necessary steps to require the Town to come into compliance. Please advise EPA
within fifteen (15) days of receipt of this letter, of the action(s) you plan to take in this matter to
ensure that the Town achieves expeditious compliance with its NPDES permit requirements. If a
formal enforcement action is taken, please provide a copy of the applicable documents for our
records.
01
Intemet Address (URL) • http://www.epa.gov
Recycled/Recyclable • Printed with Vegetable 01 Based Inks on Recycled Paper (Minimum 30 % Postconsumer)

If you have questions regarding this notice, please feel free to contact
Ms. Laurie Savoy at [phone].
Sincerely,
�&�fWc" j I�/L
James D. Giattina
Director
Water Management Division
Enclosure

190= TFs.
L' UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
REGION 4
o Q ATLANTA FEDERAL CENTER
0 61 FORSYTH STREET
tiTq<PRos= ATLANTA, GEORGIA30303-8960
SEP 18 2008
CERTIFIED MAIL 7008 1140 0002 7576 5302
RETURN RECEIPT REQUESTED
Mr. Jay T. Meyers, PE
Public Utilities Director
Town of Fuquay Public Utilities Department
401 Old Honeycutt Road
Fuquay-Varina, North Carolina 27526
Re: Notice of Violation No. 309-2008-15
NPDES Permit No. NCO066516
Town of Fuquay Public Utilities Department
Dear Mr. Meyers:
Pursuant to Section 309(a)(1) of the Clean Water Act (CWA), 33 U.S.C. § 1319(a)(1), the United
States Environmental Protection Agency (EPA) hereby notifies the Town of Fuqua Public Utilities
Department (the "Town") that it has violated its National Pollutant Discharge Elimination System
(NPDES) Permit No. NCO066516 for the Fuquay Varina Terrible Creek Wastewater Treatment Plant.
Specifically, the Town has violated the NPDES Permit's effluent limitations for the following parameters:
Biological Oxygen Demand: weekly
Biological Oxygen Demand: monthly
average
average
7/5/2006
7/5/2006
7/27/2006
7/27/2006
5/28/2008
5/28/2008
1 /3/2007
1 /3/2007
2/2/2007
2/2/2007
Total Suspended Solids: weekly average
Total Suspended Solids: monthly average
7/27/2006 .
7/27/2006
1 /3/2007
1 /3/2007
2/2/2007
Nitrogen Ammonia: weekly average
Nitrogen Ammonia: monthly average
2/2/2007
10/3/2006
5/28/2008
11 /1 /2006
5/28/2008
1 /3/2007
2/2/2007
Fecal Coliform: weekly geometric mean
Fecal Coliform: monthly geometric mean
6/2/2006
1 /3/2007
7/27/2006
1 /3/2007
2/2/2007
2/4/2008
4/28/2008
Intemet Address (URL) • http://www.epa.gov
Recycled/Recyclable • Printed with Vegetable 01 Based Inks on Recycled Paper (Minimum 30% Postconsumer)

EPA requests, pursuant to Section 308 of the CWA, 33 U.S.C. § 1318, that the Town provide a
- written explanation of the reasons for each of the aforementioned violations and provide a summary of
actions taken or planned by the Town to correct the problems and to prevent future violations. In
instances where the actions are planned, please include a schedule for completing the actions. The Town
must submit this information within thirty (30) days of receipt of this correspondence. The submittal
must be addressed to:
Laurie Savoy
Gulf Enforcement Section
Water Programs Enforcement Branch
United States Environmental Protection Agency
61 Forsyth Street, S.W.
Atlanta, Georgia 30303
The State of North Carolina is being concurrently notified of these findings. EPA is coordinating
with the State to ensure that timely and appropriate enforcement action is taken and compliance with the
conditions of the NPDES Permit is achieved.
If these violations are not resolved in a timely or appropriate manner, EPA may take enforcement
action which may include issuance of an administrative order, assessment of administrative penalties, or
initiation of a civil judicial action pursuant to Section 309 of the CWA, 33 U.S.C. § 1319.
Also enclosed is a document entitled U.S. EPA Small Business Resources -Information Sheet
which may assist you in understanding the compliance assistance resources and tools available to the
City. However, any decision to seek compliance assistance at this time does not relieve the Town of its
obligations to EPA or the State, does not create any new rights or defenses, and will not affect EPA's
decision to pursue enforcement action. In addition, the Securities and Exchange Commission (SEC)
requires its registrants to periodically disclose environmental legal proceedings in statements filed with
the SEC. To assist you, EPA has also enclosed a document entitled Notice of Securities and Exchange
Commission Registrants' Duty to Disclose Environmental Legal Proceedings.
If you have questions regarding this notice and information request, please feel free to contact
Ms. Laurie Savoy at [phone].
Sincerely,
James D. Giattina
Director
Water Management Division
Enclosures (2)
cc: Ms. Colleen Sullins
Director, NCDENR