WQ0001284_NOV and Intent to Assess_20231019 (2)

DocuSign Envelope ID: A9D292B3-899B-483C-BD19-69B167803434
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
Certified Mail # 7020 3160 0000 2219 3358
Return Receipt Requested
Walter Lee Duke, Mayor
Town of Conway
301 W Main St
Conway, NC 27820
NORTH CAROLINA
Environmental Quality
October 19, 2023
SUBJECT: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY
Tracking Number: NOV-2023-LV-0725
Permit No. WQ0001284
Town of Conway WWTF
Northampton County
Dear Permittee:
A review of the February 2023 Ground Water Monitoring Report (GW59) 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
MW-1
Nitrogen, Ammonia Total (as
2/28/2023
1.5
7.2
Limit Exceeded
N) (00610)
MW-3
Nitrogen, Ammonia Total (as
2/28/2023
1.5
7.14
Limit Exceeded
N) (00610)
MW-4
Nitrogen, Ammonia Total (as
2/28/2023
1.5
7.15
Limit Exceeded
N) (00610)
North Carolina Department of Environmental Quality I Division of Water Resources
Raleigh Regional Office 1 3800 Barrett Drive I Raleigh, North Carolina 27609
919.791.4200

DocuSign Envelope ID: A9D292B3-899B-483C-BD19-69B167803434
Other Violation(s):
Type of Violation
Date Violation Description
Groundwater Standard - 2L 6/30/2023 Ammonia exceeds 2L.
Permit Conditions 6/30/2023 Failure to operate in a manner such that there is no contravention of
groundwater standards
Section II.8 of the current permit states that (May 26, 2022) 'Any exceedance ofgroundwater standards at or beyond
the compliance boundary shall require corrective action." The permit file does not contain a map showing the
compliance boundary for the site, therefore, the Division of Water Resources created a site plan (attached) to
evaluate compliance with this permit condition. Section II.8 also states that the irrigation fields "...have a compliance
boundary that is either 500 feet from the wastewater irrigation area, or at the property boundary, whichever is closest
to the wastewater irrigation area." At this site, the property boundary closer than 500 feet, and therefore constitutes
the compliance boundary. Based on this, monitoring well MW-3 is on the compliance boundary, and the exceedance
identified requires corrective action.
Section II.9 of the current permit (May 26, 2022) states that "Any exceedance of groundwater standards review
boundary shall require preventative action". Monitoring well MW-1 and MW-4 are essentially at, or just beyond the
review boundary, and therefore require preventative action to mitigate potential exceedances at the compliance
boundary.
Section II.1 of the current permit (May 26,2022) states that's The Permittee shall maintain and operate the subject
non -discharge facilities so there is no discharge to surface waters, nor any contra vention of groundwater or surface
water standards" The concentration of ammonia in monitoring wells MW-1, MW-3 and MW-4 has been increasing
steadily since September, 2017 (see attached graphs), with a similar trend for both total dissolved solids, and pH.
During this time, there is no indication that the facility has evaluated its operation, or taken action to respond to this
trend.
The Division of Water Resources requires the following
1. Perform an initial response, site assessment and corrective action in accordance with 15A NCAC 02L .0106 (d),
(e), and (f). Within 10 days of the receipt of this letter, provide the Division of Water Resources with a
schedule for implementation for site assessment and corrective action. Site assessment and corrective action
should focus on, but not be limited to, the following:
a. Immediate actions to mitigate continuing impact to groundwater.
b. Identification of potential receptors (water supply wells, well head protection programs, surface water
discharge, etc.) within 1500 feet of the property boundary. A map identifying these receptors shall be
submitted to the Division of Water Resources within 10 days of the receipt of this letter.
c. Thorough evaluation of the cause for the impact to groundwater, and preparation of a site assessment
report consistent with 15A NCAC 02L .0111. (b).
2. As necessary to fully characterize the extent of impact to the groundwater, perform groundwater monitoring in
accordance with 15A NCAC 02L .0110. In particular, this monitoring should focus on identifying impacts to
potential receptors, migration of contamination beyond the compliance boundary, and migration of
contamination beyond the review boundary. Prior to implementation of this monitoring, submit a monitoring
work plan to the Division of Water Resources.
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.
North Carolina Department of Environmental Quality I Division of Water Resources
Raleigh Regional Office 1 3800 Barrett Drive I Raleigh, North Carolina 27609
919.791.4200

DocuSign Envelope ID: A9D292B3-899B-483C-BD19-69B167803434
143-215.1.
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, if not already implemented, should be taken to correct any noted problems. The Division of
Water Resources may pursue enforcement actions for this and any additional violations. 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 (SOC).
If you have any questions concerning this matter or to apply for an SOC, please contact Michael Hall of
the Raleigh Regional Office at 919-791-4237 or [e-mail].
Sincerely,
ocuSigned by:
E�D
a f.
2916E6AB321441`.
Vanessa E. Manuel, Assistant Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ
Attachments: Site Plan
Ammonia Trends for MW-1, MW-3, and MW-4
Cc: Laserfiche
North Carolina Department of Environmental Quality I Division of Water Resources
Raleigh Regional Office 1 3800 Barrett Drive I Raleigh, North Carolina 27609
919.791.4200

DocuSign Envelope ID: A9D292B3-899B-483C-BD19-69B167803434
Groundwater Monitoring Site Plan
Permit WQ0001284
Town of Conway WWTF/Northampton County
_ 7
Irv/iii���.�,..._•_' ,
1
#41
0 500, 1,000 Feet
Monitoring Well
Waste Boundary
Property Boundary
�oAr��Aoo�,roD_EQ�� N
Map provided by NCDEQ Division of Water
Resources.
Locations are approximate and are provided
for reference only.

DocuSign Envelope ID: A9D292B3-899B-483C-BD19-69B167803434
PERMIT: WQ0001284
FACILITY: Town of Conway - Town of Conway WWTF
PARAMETER: 00610 -Nitrogen, Ammonia Total (as N)
12
10
8
tM
E
6
4
2
—W MW-1
0 ■--i I
9i
00 00 �'O� 00, 00 �'O 00 00 �'Oj 00 c�O, 00 00 �Oi
"P07 "P07 "P07 "P07 "P07 "P07 "PO � "PO � "PO � "PO � "PO � 'PO � "PO � �0 �0 �0
> > 0 9 9 9 O O O 7 7 7 o
GW59 Date

DocuSign Envelope ID: A9D292B3-899B-483C-BD19-69B167803434
PERMIT: WQ0001284
FACILITY: Town of Conway - Town of Conway WWTF
PARAMETER: 00620 - Nitrogen, Nitrate Total (as N)
0.12
0.10
0.08
cm
E
0.06
0.04
0.02
0.00 '
GW59 Date
-W MW-1

DocuSign Envelope ID: A9D292B3-899B-483C-BD19-69B167803434
PERMIT: WQ0001284
FACILITY: Town of Conway - Town of Conway WWTF
PARAMETER: 00610 -Nitrogen, Ammonia Total (as N)
10
A
6
E
0
2
0- I
�i�i
0q, 00 �Oi �Oi OOi OOi �9i OOi OOi �Oi OOi OOi �Oi OOi u'Oi �Oi
�O> �O� �O� %O� %O� %O� %O�
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GW59 Date
-W MW-3

DocuSign Envelope ID: A9D292B3-899B-483C-BD19-69B167803434
PERMIT: WQ0001284
FACILITY: Town of Conway - Town of Conway WWTF
PARAMETER: 00620 - Nitrogen, Nitrate Total (as N)
0.12
0.10
0.08
cm
E
0.06
0.04
0.02
0.00 '
GW59 Date
-W MW-3

DocuSign Envelope ID: A9D292B3-899B-483C-BD19-69B167803434
PERMIT: WQ0001284
FACILITY: Town of Conway - Town of Conway WWTF
PARAMETER: 00610 -Nitrogen, Ammonia Total (as N)
12
10
8
tM
E
6
4
2
-W MW-4
0 �-
6'i
u'05 0O, 2Oj c�Oj 0Oi 0O, '9, 00� 00� �Oj 00� 00� �O� OOi 00� 'Oi
"PO7 "PO7"PO7"PO7"PO7"PO7"POP"POP"POP"PO� 'PO� 'PO� 'PO� 'PO� 'PO� 'PO�
> > cQ 9 9 9 O O O 7 7 7 c�
GW59 Date

DocuSign Envelope ID: A9D292B3-899B-483C-BD19-69B167803434
PERMIT: WQ0001284
FACILITY: Town of Conway - Town of Conway WWTF
PARAMETER: 00620 - Nitrogen, Nitrate Total (as N)
0.12
0.10
0.08
cm
E
0.06
0.04
0.02
0.00 '
GW59 Date
-W MW-4