Loading...
HomeMy WebLinkAboutNCG590002_LV-2023-0152_20230515f �r Art.s ROY COOPER M. Governor' ELIZABETH S. BISER Secr'efory RICHARD E. ROGERS, f R. NORTH CAROLINA Dirce for Environmental Quality Certified Mail # 7020 3160 0000 41091628 Return Receipt Requested May 15, 2023 Thomas Richards, Mayor Town of Bailey PO Box 40 Bailey, NC 27807-0040 SUBJECT: Notice of Violation and Assessment of Civil Penalty for Violations of North Carolina General Statute (G.S.) 143-215.1(a)(6) and NPDES WW Permit No. NCG590002 Town of Bailey Bailey Well 42 WTP Case No. LV-2023-0152 Nash County Mayor Richards: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $832.31 ($728.00 civil penalty + $104.31 enforcement costs) against Town of Bailey. This assessment is based upon the following facts: a review has been conducted of the Discharge Monitoring Report (DMR) submitted by Town of Bailey for the month of January 2023. This review has shown the subject facility to be in violation of the discharge limitations and/or monitoring requirements found in NPDES WW Permit No. NCG590002. The violations, which occurred in January 2023, are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that Town of Bailey violated the terms, conditions or requirements of NPDES WW Permit No. NC6590002 and G.S. 143-2 15.1 (a)(6) in the manner and extent shown in Attachment A. In accordance with the maximums established by G.S. 143-215.6A(a)(2), a civil penalty may be assessed against any person who violates the terms, conditions or requirements of a permit required by G.S. 143-215.1(a). North caram-aNepartmentorEmironmentalQ=t.7lityIDivislonolWnterRcsnurces U6gh R"—1 01f ro 18008 - 110rlve I R.%eigl1 N-1h C-nSina 2A,09 11110N14200 Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the Secretary of the Department of Environmental Quality and the Director of the Division of Water Resources, 1, Scott Vinson, Regional Supervisor, Raleigh Regional Office hereby make the following civil penalty assessment against Town of Bailey: 208.00 l of 1 violations of G.S. 143-215. 1 (a)(6) and Permit No. NCG590002, by discharging waste water into the waters of the State in violation of the Permit Daily Maximum for Solids Total Suspended - Concentration 0.00 0 of l violations of G.S. 143-215. 1 (a)(6) and Permit No. NCG590002, by discharging waste water into the waters of the State in violation of the Permit Daily Maximum for Turbidity 520.00 1 of l violations of G.S. 143-215. 1 (a)(6) and Permit No. NCG590002, by discharging waste water into the waters of the State in violation of the Permit Monthly Average for Solids, Total Suspended - Concentration 728.00 TOTAL CIVIL PENALTY 104.31 Enforcement Costs 832.31 TOTAL AMOUNT DUE Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 143B-282.I (b), which are: (1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation; (2) The duration and gravity of the violation; (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; (6) Whether the violation was committed willfully or intentionally; (7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and (8) The cost to the State of the enforcement procedures. Within thirty (30) days of receipt of this notice, you must do one of the following: (1) Submit payment of the penalty, OR (2) Submit a written request for remission, OR (3) Submit a written request for an administrative hearing Option 1: Submit payment of the penalty: Payment should be made directly to the order of the Department of Environmental Quality (do not inchecle waiver form). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). Please submit payment to the attention of: Wastewater Branch Division of Water Resources 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Option 2: Submit a written request for remission or mitigation including a detailed justification for such request: Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Because a remission request forecloses the option of an administrative hearing, such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation and agreement that no factual or legal issues are in dispute. Please prepare a detailed statement that establishes why you believe the civil penalty should be remitted, and submit it to the Division of Water Resources at the address listed below. In determining whether a remission request will be approved, the following factors shall be considered: (1) whether one or more of the civil penalty assessment factors in NCGS 14313-282.1(b) was wrongfully applied to the detriment of the petitioner; (2) whether the violator promptly abated continuing environmental damage resulting from the violation; (3) whether the violation was inadvertent or a result of an accident; (4) whether the violator had been assessed civil penalties for any previous violations; or (5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Please note that all evidence presented in support of your request for remission must be submitted in writing. The Director of the Division of Water Resources will review your evidence and inform you of his decision in the matter of your remission request. The response will provide details regarding the case status, directions for payment, and provision for further appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty Remissions (Committee). Please be advised that the Committee cannot consider information that was not part of the original remission request considered by the Director. Therefore, it is very important that you prepare a complete and thorough statement in support of your request for remission. In order to request remission, you must complete and submit the enclosed "Request for Remission of Civil Penalties. Waiver of Right to an Administrative Hearing. and Stipulation of Facts" form within thirty (30) days of receipt of this notice. The Division of Water Resources also requests that you complete and submit the enclosed "Justification for Remission Request." Both forms should be submitted to the following address: Wastewater Branch Division of Water Resources 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Option 3: File a petition for an administrative hearing with the Office of Administrative Hearings: If you wish to contest any statement in the attached assessment document you must file a petition for an administrative hearing. You may obtain the petition form from the Office of Administrative Hearings. You must file the petition with the Office of Administrative Hearings within thirty (30) days of receipt of this notice. A petition is considered Fled when it is received in the Office of Administrative Hearings during normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for official state holidays. The petition may be filed by facsimile (fax) or electronic mail by an attached file (with restrictions) - provided the signed original, one (1) copy and a filing fee (if a filing fee is required by NCGS § 15013-23.2) is received in the Office of Administrative Hearings within seven (7) business days following the faxed or electronic transmission. You should contact the Office of Administrative Hearings with all questions regarding the filing fee and/or the details of the filing process. The mailing address and telephone and fax numbers for the Office of Administrative Hearings are as follows: 6714 Mail Service Center Raleigh, NC 27699 6714 Tel: (919) 431-3000 Fax: (919) 431-3100 One (1) copy of the petition must also be served on DEQ as follows: Mr. William F. Lane, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, North Carolina 27699-1601 Please indicate the case number (as found on page one of this letter) on the petition. Failure to exercise one of the options above within thirty (30) days of receipt of this letter, as evidenced by an internal dateitime received stamp (not a postmark), will result in this matter being referred to the Attorney General's Office for collection of the penalty through a civil action. Please be advised that additional penalties may be assessed for violations that occur after the review period of this assessment. If you have any questions, please contact Mitchell Hayes with the Division of Water Resources staff of the Raleigh Regional Office at (919) 791-4200 or via email at mitch.hayesi z ncdenngov. Sincerely, Scott Vinson, Regional Supervisor Water Quality Regional Operations Section Raleigh Regional Office Division of Water Resources, NCDEQ ATTACHMENTS Laserfiche JUSTIFICATION FOR REMISSION REQUEST Case Number: LV-2023-0152 County: Nash Assessed Party: Town of Bailey Permit No.: NCG590002 Amount Assessed: $832.31 Please use this form when requesting remission of this civil penalty. You must also complete the 'Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form to request remission of this civil penalty. You should attach any documents that you believe support your request and are necessary for the Director to consider in evaluating your request for remission. Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 143B-282.1(c), remission of a civil penalty may be granted only when one or more of the following five factors apply. Please check each factor that you believe applies to your case and provide a detailed explanation, including copies of supporting documents, as to why the factor applies (attach additional pages as needed). (a) one or more of the civil penalty assessment factors in N.C.G.S. 143B-282.I (b) were wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil penalty assessment document); (b) the violator promptly abated continuing environmental damage resulting from the violation (i.e., explain the steps that you took to correct the violation and prevent f iture occurrences); (c) the violation was inadvertent or a result of an accident (i.e., explain why the violation was unavoidable or somr, thing you could not prevent or prepare for); (d) the violator had not been assessed civil penalties for any previous violations; (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions (i.e., explain how payment of the civil penalty will prevent you from performing the activities necessary to achieve compliance). EXPLANATION: STATE OF NORTH CAROLINA COUNTY OF NASH IN THE MATTER OF ASSESSMENT OF CIVIL PENALTIES AGAINST Town of Bailey Bailey Well #2 WTP PERMIT NO. NCG590002 DEPARTMENT OF ENVIRONMENTAL QUALITY WAIVER OF RIGHT TO AN ADMINISTRATIVE HEARING AND STIPULATION OF FACTS CASE NO. LV-2023-0152 Having been assessed civil penalties totaling $832.31 for violation(s) as set forth in the assessment document of the Division of Water Resources dated May 15, 2023, the undersigned, desiring to seek remission of the civil penalty, does hereby waive the right to an administrative hearing in the above -stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the Director of the Division of Water Resources within thirty (30) days of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after (30) days from the receipt of the notice of assessment. This the day of ADDRESS 11W111090,11210 SIGNATURE ,20 ATTACHMENT A Town of Bailey CASE NUMBER: LV-2023-0152 PERMIT: NCG590002 REGION: Raleigh FACILITY: Bailey Well #2 WTP COUNTY: Nash LIMIT VIOLATION(S) SAMPLE LOCATION: Outfall 001 - Effluent Violation Report Date Month/Yr Parameter 113f2023 1-2023 Solids, Total Suspended - Concentration 1/31/2023 1-2023 Solids, Total Suspended - Concentration 1/3/2023 1-2023 Turbidity Unit of Limit Calculated % Over Violation Frequency Measure Value Value Limit Type 2 X month mg;'I 45 158 251.1 Daily Maximum Exceeded 2 X month mgn 30 88.75 195.8 Monthly Average Exceeded Monthly ntu 50 53.2 6.4 Daily Maximum Exceeded Penalty Amount $208.00 $520.00 DIVISION OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT Violator: Town of Bailey Facility Name: Bailey Well #2 WTP Permit Number: NCG590002 County: Nash Case Number: LV-2023-0152 ASSESSMENT FACTORS l) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation; Exceeding daily maximum and monthly permit limit for TSS can cause water quality standard violations. 2) The duration and gravity of the violation; Daily maximum permit for TSS exceeded the permit limit by 251.1 °-a. Monthly permit limit for TSS exceeded the permit limit by 195.8%' . 3) The effect on ground or surface water quantity or quality or on air quality; Exceeding daily maximum and monthly permit for TSS can cause water quality standard violations. 4) The cost of rectifying the damage; The cost of rectifying the damage is not given. 5) The amount of money saved by noncompliance; It is believed that no money was saved by the noncompliance. 6) Whether the violation was committed willfully or intentionally; It does not appear that the violations were committed willfully or intentionally. 7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; jWp�' There have been tWe enforcements against the violator within the past 12 months. 8) The cost to the State of the enforcement procedures. $ l 04.31 Date 1-1K— Scott Vinson, Regional Supervisor Water Quality Regional Operations Section Raleigh Regional Office Division of Water Resources, NCDEQ q § $) ..... ;§2t2eEe �. 2cxcxe4 I% � � i � ( \ |k§2}z ° wcoz -jC 23. uk% �■»—! � |•��# e Ei �=XC.lu!!a!«Ia}} \ � � ! 2 s VS > >a > z s to ko 1LJ s hh e - o pg ggg O 9p $a o t• a � 2 eN 6 7 D £ C N N m Lj E_ E= ` a b 3 b b E a h y F E d J d a a S v a k y �., !ZZ F m m - O m m CC I V1 MLJ CC _ O p aSgy C M I ? E L e L ^gggg gt3g f3 .d QQ 5� 5� $�5� S Z5�'3, 252525 w 44ggg QQQ U•qy v S5i�pp ssQQ44ss U� sS SS SSSa CUi� Z vi vi S�S�E�t Z h N r v_ b y v. vi Z' N H N v N N N H ii N pp pC Q p pQ o Sx M A M � 1ryv p p pG p p O N N p pp pQ O N _ b F z m � H J ya�too�auu zi•�z ��oad�aao ��da�a�ao 0. 4 C U p V G lq7 v V q V� v q m � U U V U E E f� V S O U Q Cn7 0 U U U V y v Al n Al A. n' n V oI o G GI -I i' 9 y P G PI nI C` At � � / � ! ) } k k aa■ a a@! m aaa }� ■ \� \ /� k k � no Bsm * aaa a ¥## ! ! ILLU k k aaa m ama » mmm k k � @mm e #@! e a#$ k k � 0 a■a #¥# m ##a k k k �§■9 amk ■■# � . 2 � E q ! ■ N ■ s J § ; ) � JALos ` oA--, E ! _ ■m ! � k 2 ` !s\ � ■ _ ) a 2 i / ! k k k MLLLL \ !2 2 I � ¥ ! � ! ; k, f ` } � » ®f> } ■ e#&4�• % . ■ � ( � � | � § � , § % I ;� a2 a! a� a( e■ §$ §� � � 2 % \ $ \ � ROY COOPER Governor ELIZABETH S. BISER Secretary RICHARD E. ROGERS, X. Director Certified Mail # 7020 3160 0000 4109 0768 Return Receipt Requested Thomas Richards, Mayor Town of Bailey PO Box 40 Bailey, NC 27807-0040 NORTH CAROLINA Environmental Quality March 14, 2023 V � k SUBJECT: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY Tracking Number: NOV-2023-LV-0181 Permit No. NCG590002 Bailey Well #2 WTP Nash County Mayor Richards: A review of the January 2023 Discharge Monitoring Report (DMR) for the subject facility revealed the violation(s) indicated below: Limit Exceedance Violation(s]: Sample Limit Reported Location Parameter Date Value Value Type of Violation 001 Effluent Solids, Total Suspended - 1/3/2023 45 158 Daily Maximum Exceeded Concentration (CO530) 26J'7. a.r-,. L,',..*4 001 Effluent Turbidity (00070) 1/3/2023 50 53.2 Daily Maximum Exceeded_ p� .aft ayq" 001 Effluent Solids, Total Suspended - 1/31/2023 30 88.75 Monthly Average Exceeded Concentration (C0530) I q6 I. u� 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 NPDES WW 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 ,L North Cardin Departman of Environmental Quaky I DhAdon of Water Resources ✓ 22�,Rakgh RegWW Office 13600 Banat Drive I Ralegh North Carona 27609 'e.�. 919.79U200 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 maybe assessed regarding the violations. Ifno 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. Reminder: Pursuant to Permit Condition 6 in Section E, the Permittee is required to verbally notify the Regional Office as soon as possible, not to exceed 24 hours, from first knowledge of any non-compliance at the facility including limit violations, bypasses of, or failure of a treatment unit. A written report may be required within 5 days if directed by Division staff. Prior notice should be given for anticipated or potential problems due to planned maintenance activities, taking units off-line, etc. if you have any questions concerning this matter or to apply for an SOC, please contact Mitchell Hayes of the Raleigh Regional Office at 919-791-4200. Laserfiche Sincerely, Scott Vinson, Regional Supervisor Water Quality Regional Operations Section Raleigh Regional Office Division of Water Resources, NCDEQ Nonh Cerolw Dep ce 1 3 of 0 Barre Drive I ItWd I DM$North n roUna 7609 cee RaleghRequnsEomce i saooeurneofie i edeghNortharouna27609 919341Ai00 A March 27, 2023 Mr. Scott Vinson, Regional Supervisor Water Quality Regional Operations Section Raleigh Regional Office Division of Water Resources, NCDEQ Subject: Notice of Violation Tracking Number: NOV-2023-LV-0181 Permit No. NCG590002 Bailey Well #2 WTP Nash County Mr. Vinson, SCANNED aptll_& Received via email: March 30, 2023 Thank you for allowing the opportunity to respond to this Notice of Violation issued March 14, 2023, and received on March 20, 2023, for the Total Suspended Solids violations and the Turbidity Daily maximum exceedance that occurred during the January 2023 monitoring period. We want to mention that the system was attended and correctly managed for the period corresponding to January 2023, and regarding to the Violations enlisted in the corresponding document, at the beginning we determined that the cause of the high readings were result of an incorrect sampling procedure during the Back wash, so even when the facility have performed in compliance for several months prior these period, the personnel were trained again and supervised to ensure the correct sample pulling, however after an exhaustive study of the performance of the system, it seems that the facility has been affected by an external factor that has increased the value of the TSS during the first half of the month. On January 3, the TSS sample pulled resulted in 158 mg/L resulting in the Daily maximum exceedance and contribute to the Monthly average exceedance. Is necessary to mention that the second sample pulled on January 19, 2023 was compliant and with a value of 19.5 mg/L. Regarding the Turbidity Daily Maximum exceedance violation, it is considered to be result of the external factor that is disturbing the normal development of the system, this issue is being included as part of the investigation that will help identify the root of the anomaly in the system. • We have contacted the Lab and requested the notification of this kind of incidents as soon the sample has been analyzed in order to pull the sample as soon as possible to monitor and determine if the issues has to be with the performance of the facility, or if it was an incorrect value. • An investigation is being performed to determine the possible cause of the increase on the first half of the month. We appreciate the effort that your office applies to keep track of all the incidents and reports for this system. The Town of Bailey WWTF has taken these issues into account to prevent future non-compliance events. It is always our goal to remain in compliance with regulations set forth by the Division of Water Resources. It is our request that our cooperation and action in these matters be taken into account by the Division when proceeding with enforcement. Sincerely, ki: -1-1411 Daniel Sears, Compliance Manager CC: Thomas Richards, Mayor, Town of Bailey. Joel Killion, Town Administrator.'Town Clerk, Town of Bailey Vanessa E. Manuel, Assistant Regional Supervisor Tracy Miller, Regional Manager, Envirolink, Inc. William Lamm, Town of Bailey WWTF ORC ROY COOPER Gommor ELIZABETH S. BISER Secretary RICHARD E. ROGERS, JR. Director Thomas Richards, Mayor Town of Bailey PO Box 40 Bailey, NC 27807-0040 NORTH CAROLINA Environmental Quality March 14, 2023 SUBJECT; NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY Tracking Number: NOV-2023-LV-0181 Permit No. NCG590002 Bailey Well #2 WTP Nash County Mayor Richards: A review of the January 2023 Discharge Monitoring Report (DMR) for the subject facility revealed the violation(s) indicated below: ,Limit Exceedance Violation(s): Sample Limit Reported Location Parameter Date Value Value Type of Violation 001 Effluent Solids, Total Suspended - 1/3/2023 45 158 Daily Maximum Exceeded Concentration (C0530) 001 Effluent Turbidity (00070) 1/3/2023 50 53.2 Daily Maximum Exceeded 001 Effluent Solids, Total Suspended - 1/31/2023 30 88.75 Monthly Average Exceeded Concentration (CO530) 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 NPDES WW 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. Na thC&mkna D#"nmm &f Er&*mxm NW QuMty D"lond WaIt RakiyrRJWW OHhc 3W Eartnt DrM 1MAJK Nanh Carona 2?" �'i...w...� 914_791AWO 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. Reminder: Pursuant to Permit Condition b in Section E, the Permittee is required to verbally notify the Regional Office as soon as possible, not to exceed 24 hours, from first knowledge of any non-compliance at the facility including limit violations, bypasses of, or failure of a treatment unit. A written report may be required within 5 days if directed by Division staff. Prior notice should be given for anticipated or potential problems due to planned maintenance activities, taking units off-line, etc. if you have any questions concerning this matter or to apply for an SOC, please contact Mitchell Hayes of the Raleigh Regional Office at 919-791-4200. Laserfiche Sincerely, Scott Vinson, Regional Supervisor Water Quality Regional Operations Section Raleigh Regional Office Division of Water Resources, NCDEQ ► Gffh CW*hM MV*nff.Mt dErMM—CMW(b1AY M49- a w„K Re— PA1110 ROWWW OW 3M Erne Dtht RdHph NmthC 09hW 2?" 919.7%A?00 Ixl 1 � tl r � reM� ..,-,'ExuaScrvices& �C � CertiliacF 1�1aif Fea� _ ROY COOPER -� ' Governor�.., ,,�I Fees (:txttxu.rr4rtwassarrc, I: +�<+ []etaarnRae:ntRuaeCPA - s ELIZA(3ET! i S. f3lSER . • = r'r I `��•.,� �' o 0001' r,r�c,•jm(eta�:�'Wj postmark . Ca. cr MT1 Ra-=tVJ uvx," S Here RICHARD E. ROGERSJR. NORTH CAROUN, JAdJ.t rsaturu Rr ,v?red 5 M r4;A, �3.�-eResrk7eA0Mtury s_ Director £nvirunmerrfalQuafi Q THOMAS &-CHARD$. MAYOR I OWN OF BA -LEY rr'i PO Box 40 Certified Mail # 7020 3160 0000 4109 0768 M aA 1CY, NC MV ru N2q NOV d, INTENT TO ASSESS C' V E PENALIYJNOV-7C234"IS L Return Receil2t Reguested © S`:rea� r NCG550002/ BAAEY WELT 02 WTP/NASrr (� 70203167AD04109M 68 M 0311712LC23 Ca 5t March 14, 202 Thomas Richards, Mayor Town of Bailey PO Box 40 Bailey, NC 27807-0040 SUBJECT: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY Tracking Number: NOV-2023-LV-0181 Permit No. NCG590002 Bailey Well 42 WTP Nash County Mayor Richards: A review of the January 2023 Discharge. Monitoring Report (DMR) for the subject facility revealed the violation(s) indicated below: Limit Exceedance Violations Sample Location Parameter bate 001 Effluent Solids, Total Susoended - 1/3/2023 - Concentration {( Limit Reported Value Value 'type of Violation .5 158 nails hlayirntim Fvrr-artar! 001 Effluent Turbidity{0007 A. Sig ture l. N Complete Items 1, 2, and 3. 001 Effluent Solids, Total Sus • Print your name and address on the reverse X so that we can return the card to you. COnCeiltl atlnn ([ E Attach this card to the back of the mai!piece, B• ece 'ed or on the front if space permits. _ t. Article Addressed to: - D. is t ad A Notice of Violation/ Intent to Iss TlIUMAS It YES, enter R:Cr4ARS)S, hAAYUR Statute (G.S.) 143-215.1 and the tu%vNT]r11AIIIY Pu uaK.ta not more than tvrenty-five thousa n,lilk Y, "C)l801 fails to act in accordance with the W(I:Nt2V&INTENT TO ASSI SS CIVIL PENA!rV/tieV202i-IV-111 rti •� y [fi'000W/ HAII1Y Wit( 42 SNIP/\ASII 143-215.1, 20/0.1tS0CCQ0:109G76A M:03/1//7a)] w, ❑ Addressee - ad Name) C, to of L/4- different from rterrt t? ©Ytst !ry address below: p No 3. Service Type rity MailEicprk� C7 Aduri Signaturo C0 l RogRagistered Maq i I jj 959I) �� 3�115 7227 8��% 95 2. icle Number (transfer from service /abet} 7020 3160 0000 4109 0768 t Signature Restricted Delivery pCerfred MailRestricted netiNery ct on Delivery+tercttartdlsa �! Caged on DeLNery Restricted Delivery Go Mali ed Mall Rrtricted Delivery fa RegIssered Mail Re strlcted f] ETetu9 RBeelpt for � rgnawNs fiirmatlon"I 0 SIgP.atura Confirntatlon Restricted Delivery PS Form 3811, July 2015 PSN 7530-02-000.9053 Domestic Return Receipt NPDES PERMIT NO.: NCG590002 FACILITY NAME: Bailey Well #2 WTP OWNER NAME: Town of Bailey GRADE: PC-2 cDMR PERIOD: 01-2023 (January 2023) PERMIT VERSION: 2.0 CLASS: PC -I ORC: Anthony Branch ORC HAS CHANGED: No VERSION: 1.0 PERMIT STATUS: Active COUNTY: Nash ORC CERT NUMBER: 998340 STATUS: Submitted SAMPLING LOCATION: EFFLUENT DISCHARGE NO.: 001 NO DISCHARGE*: NO ••** No Reporting Reason: ENFRUSE - No Flow-ReuscfRecycle; ENVWTHR - No Visitation Adverse Weather; NOFLOW - No Flow; HOLIDAY - No Visitation Holiday Discharge Monitoring Report - Copy Of Record (COR_NCG590002_Ver_1.0_I 2023.pdf) NPDES PERMIT NO.: NCG590002 FACILITY NAME: Bailey Well #2 WTP OWNER NAME: Town of Bailey GRADE: PC-2 eDMR PERIOD: 01-2023 (January 2023) PERMIT VERSION: 2.0 CLASS: PC-1 ORC: Anthony Branch ORC HAS CHANGED: No VERSION: 1.0 PERMIT STATUS: Active COUNTY: Nash ORC CERT NUMBER: 998340 STATUS: Submitted SAMPLING LOCATION: EFFLUENT DISCHARGE NO.: 001 NO DISCHARGE*: NO (Continue) Y o F i7S a 7 a O i 02953 00070 01092 Quarterly Monthly Quarter) Grab Grab Grab MANGNYSE TURBIDTY ZINC 2400tbck Bn 2100 dxk Hn YlBIN UgA ntu u 10 1 1115 0.25 Y 1 3 0915 0.25 Y 6070 53.2 220 4 1000 0.5 Y s 6 0915 0.25 Y 7 a 9 1145 0.25 Y 10 21 0945 0.25 Y 12 13 0915 0.25 Y N i5 16 17 1700 025 Y Is 1315 025 Y 19 0900 05 Y 10 1015 1025 Y 11 11 23 0945 025 Y 24 25 1030 0 7$ Y 16 17 tols 025 Y 29 29 30 1015 05 Y 3t Monthly Asenge UmW Monlhy Mirage: 6070 $3.2 220 Daly Mutmum: 6070 53.2 1220 Daly Mialmam: 6070 53.2 220 1*0* No Reporting Reason: ENFRUSE - No Flow-Reuse/Recycle; ENV WTHR No Visitation Adverse Weather; NOFLOW No Flow; HOLIDAY - No Visitation Holiday Discharge Monitoring Report - Copy Of Record (COR NCG590002_Ver_I.0_1 2023.pdf) NPDES PERMIT NO.: NCO590002 FACILITY NAME: Bailey Well #2 WTP OWNER NAME: Town of Bailey GRADE: PC-2 eDMR PERIOD: 01-2023 (January 2023) PERMIT VERSION: 2.0 CLASS: PC-1 ORC: Anthony Branch ORC HAS CHANGED: No VERSION: 1-0 PERMIT STATUS: Active COUNTY: Nash ORC CERT NUMBER: 998340 STATUS: Submitted SAMPLING LOCATION: UPSTREAM DISCHARGE NO.: 001 AZ Grab TOTIIARD use cloth mgA I NOFLOW 2 NOFLOW y NOFLOW NOFLOW 3 NOFLOW 6 NOFLOW 7 NOFLOW a NOFLOW 9 NOFLOW 10 NOFLOW I I NOFLOW 12 NOFLOW 12 NOFLOW 14 NOFLOW Is NOFLOW I6 NOFLOW 17 NOFLOW IN 19 20 VNOFLOW 21 22 NOFLOW 23 NOFLOW 24 NOFLOW 25 1 NOFLOW 24 NOFLOW 27 NOFLOW 211: NOFLOW 29 NOFLOW 30 NOFLOW !1 NOFLOW Moelhly Ar Mtt Llmh: Noothly Awmrr. Daily Muimum: Dasy Mlnlmum: "" No Reporting Reason: ENFRUSE - No Flow-Reuse/Recycle, ENV WTHR - No Visitation - Adverse Weather- NOFLOW - No Flow, HOLIDAY - No Visitation - Holiday Discharge Monitoring Report - Copy Of Record (COR NCG590002_Ver_1.0_1_2023.pdf) M N LC7 ca L cc z Fy T � N m O = T LO T o U m I- m z (X r C C € C 4 IL d w �v m N N O U C1 a m o z 0 z 0 z _ IL a o La � m to 0 �a o m o E Q V 2 c o_ .N C N 7 Q m E owa c O 2 m E wocQ cb U a � m m w 2 2 c _O .N C O W Q r 9 C W w V S C O 13 H d i E a 00 N a 6� E m 0 m W V L 1E 0 O a¢ a �+ uEiS. i N O da"a a u z O M O to (a en 0 a N N N n N N N M 0 N N O N v 0 0 C. C'7 C`! cam! M N N O N O th O N J a) N N ~O N N N to w io O N V N a E o- U N C W O tp � O E 3 H M N a N N H Pcnnit NCG590000 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF WATER RESOURCES GENERAL PERMIT NO. NCG590000 - Water Treatment Plant Discharger TO DISCHARGE BACKWASH WASTEWATERS FROM GREENSAND AND CONVENTIONAL TYPE WATER TREATMENT FACILITIES NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM N( PDES} In compliance with the provisions of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, this permit is hereby issued to all owners or operators, hereafter permittees, which are covered by this permit as evidenced by receipt of a Certificate of Coverage from the Environmental Management Commission to allow the discharge of treated wastewaters from iron and manganese removal processes and similar wastewaters; and water purification facilities with filter backwash, sedimentation basin washdown, and decant from water treatment in accordance with the effluent limitations, monitoring requirements, and other conditions set forth in Parts 1, II, and III hereof. This permit shall become effective August 1, 2019, This permit shall expire at midnight on July 31, 2024. Signed this day July 31, 2019. Linda Culpepper, Director -- Of Division of Water Resources By Authority of the Environmental Management Commission Page 1 of 33 Permit NCG590000 §ECTIpN B. Ell Greensand WTP Effluent Limitations and Monitoring Renuirements - DiE dwwj es to fteahwater [15A NCAC 02B .0400 et seq., 02B .0500 et seq] During the period beginning on the effective date of the permit and lasting until expiration, the Permittee is authorized to discharge wastewaters fom iron and manganese removal type systems for the purpose of water purification to the receiving waters. Such discharges shall be limited and monitoredby the Permittee as specified below: Fiirarxoad - � s Flow (MOD) s 50050 Monitor & Report 2/ Month lnstaor Eslt'mate Effluent _ 45.0 mgA_ 30.0 mgA Total Suspended Solids' COW (Exception: (Eraoeption. 21 Month Grab Effluent Trout Wags Trout Waters)_ 17 21 Month Effluent Total Residual Chlorine 5 — 50060 _ Grab .T 50 NTU Turbidity a 00070 TroutWgers, Monthly Grab Effluont Lakes, & J. Reservoirs) - 6.0 s.u. S pH s 9.0 s.u. Grab PH — 00400 Monthly Effluent Effluent _ Total ne' +� 0!(155 Mordtor & R@PW Grab -� Grab Effluent Total 2;irro 5 pgll} �....... .. .... 01092 Monitor & R Quarterly'-T Grub _ Total Ftuaride a _-.. W951 Monitor & Repot Qu E"irt Total Nitrogen (TN) 10 C0600 Monitor & Report Quarterly Grab Effluent Effluent Total Phosphorus ( TP? so C0665 Mwltor & Report Quarterly Grab - - _.1 - 4- Hardness - Total as [CaCO� or (Ca + Mg)] " 00900 . Monitor & Report Quarterly Grab Effluent (nVI) _.._ — .- Hardness -- Total as [CaCO3 or (Ca + Mg))12, 4 OOM Monitor & Report Quarterly Grab Upstream Footnote 1. The permittee shall submit discharge monitoring reports electronically using the NC DWR's eDMR application system [see Section C.]. 2. Daily Maximum limits apply to all permittees. More stringent limitations apply to discharges to Trout and Water Supply (W S) Waters, Lakes, and Reservoirs as noted above and detailed in the footnotes below. Refer to the Certificate of Coverage (CoC) for receiving stream classifications. 3. For instantaneous flow monitoring, the duration of the discharge must be reported in addition to the total flow. 4. TSS: Permittees discharging to Trout waters shall not exceed a monthly average of 10 mg/L and a daily maximum limit of l5 mglL. Page 4 of 33