NC0049867_Annual Report_20230505

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
CERTIFIED MAIL#: 7020 3160 0000 3283 0120
RETURN RECEIPT REQUESTED
The Honorable Patrick Phifer, Mayor
Town of Cleveland
302 E. Main Street
Cleveland, NC 27013
Dear Mayor Phifer:
NORTH CAROLINA
Environmental Quality
May 5, 2023
SUBJECT: Notice of Violation
PAR Review
Town of Cleveland
NPDES Permit No. NCO049867
Rowan County
Tracking No. NOV-2023-PC-0186
Mooresville Regional Office staff has reviewed your Pretreatment Annual Report (PAR) for the reporting period of
January through December 2022. Based on the review, this letter is being issued as a Notice of Violation (NOV) due to
the Town's failure to properly implement the Pretreatment Program, violations of North Carolina General Statute (G.S.)
143-215.1, 15A North Carolina Administrative Code (NCAC) 2H .0905, and the subject NPDES Permit. Specifically,
the Town failed to perform any Industrial User Permit (IUP) monitoring (semi-annual) for Daimler Truck NA, LLC.
during 2022. Pursuant to G.S. 143-215.6A, a civil penalty of not more than twenty-five thousand dollars ($25,000.00)
per violation per day, 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
The Town has submitted corrected copies of the PAR for review by this Office prior to completing the evaluation.
After a review of the updated PAR, the Town has completed the PAR in accordance with 15A NCAC 2H .0908(b)
requirements and guidelines set forth in the Comprehensive Guidance for North Carolina Pretreatment Programs. The
next PAR will be due March 1, 2024.
In order to come back into compliance with the requirements of the Pretreatment Program, the Town must perform
two additional sampling events at Daimler Truck NA, LLC. in 2023 to make up for the missed sampling events in 2022.
It is requested that a written response be submitted to this Office by May 26, 2023, addressing the Town's actions to
prevent the recurrence of these violations.
D ��® North Carolina Department of Environmental Quality I Division of Water Resources
-./ Mooresville Regional Office 1 610 East Center Avenue, Suite 301 1 Mooresville, North Carolina 28115
bE �.W -
ro.^"�"ar^^�^^U".""\ �� 704.663.1699

If there are any questions concerning this letter or the PAR, please do not hesitate to contact Mr. Wes Bell at (704)
235-2192 and/or Mr. Keyes McGee at [phone], or via email at wes.bellkncdenr.gov and
ke, e�geekncdenr.gov.
Cc: NPDES Program Files - Laserfiche
Sincerely,
EA
DocuSigned by:
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F161 F669A2D84A3...
Andrew H. Pitner, P.G.
Assistant Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Division of Water Resources, NCDEQ
North Carolina Department of Environmental Quality [ Division of Water Resources
Mooresville Regional Office 1 610 East Center Avenue, Suite 301 1 Mooresville. North Carolina 28115
704.663.1699