WQ0005790_NOV/NOI-2023-LV-0299_20230503

DocuSign Envelope ID: 9BBD0911-59DD-4CF5-9583-350OD7E27C7C
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
Certified Mail # 7021 2720 0002 3808 2604
Return Receipt Reauested
Mark Moore
Town of Oak Island
4601 E Oak Is Dr
Oak Island, NC 28465-7608
NORTH CAROLINA
Environmental Quality
May 3, 2023
SUBJECT: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY
Tracking Number: NOV-2023-LV-0299
Permit No. WQ0005790
Fish Factory Road WRF
Brunswick County
Dear Permittee:
A review of the January 2023 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 BOD, 5-Day (20 Deg. C) 1/31/2023 10 11 Monthly Average Exceeded
(00310)
001 Solids, Total Suspended 1/31/2023 5 6.35 Monthly Average Exceeded
(00530)
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 Environmental Quality I Division of Water Resources
Wilmington Regional Office 1 127 Cardinal Drive Extension I Wilmington. North Carolina 28405

DocuSign Envelope ID: 9BBD0911-59DD-4CF5-9583-350OD7E27C7C
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.
If you have any questions concerning this matter or to apply for an SOC, please contact Helen Perez of the
Wilmington Regional Office at 910-796-7215.
Sincerely,
DocuSigned by:
l 0•K �a.a'f1 0A.
7F141 E731361`3456...
for
Morella Sanchez -King, Regional Supervisor
Water Quality Regional Operations Section
Wilmington Regional Office
Division of Water Resources, NCDEQ
Cc: WQS Wilmington Regional Office - Enforcement File
Kenny Von Voigt — electronic copy
Upload to Laserfiche
D �� North Carolina Department of Environmental Quality I Division of Water Resources
Wilmington Regional Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 28405
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