WQ0019665_NOV-2023-PC-0517_20231024

Cerdfled Mall # 7022 1670 0000 9974 4244
October 24, 2023
Jeffrey Stotesberry
Swan Quarter Sanitary District
PO Box 21
Swanquarter, NC 27885-0021
SUBJECT: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY
Tracking Number: NOV-2023-PC-0517
Permit No. WQ0019665
Swan Quarter Sanitary District WWTF
Hyde County
Dear Mr. Stotesberry:
The North Carolina Division of Water Resources conducted 'an Inspection of the Swan Quarter Sanitary District
WWTF on September 26, 2023. This inspection was conducted to verify that the facility is operating in
compliance with the conditions and limitations specified in Non -discharge. Permit No. WQ0019665. A summary of
the findings and comments noted during the inspection are provided in the enclosed copy of the inspection
report.
The Compliance Evaluation inspection was conducted by Division of Water Resources staff from the Washington
Regional Office. The following violation(s) were noted during the Inspection:
Inspection Area Description of Violation
Treatment Lagoons The liner In both lagoons Is debefiorating:and has multiple gas bubbles throughout The liner Is
pulling away In several places around both lagoons causing structural damage to the Integrity
of the berm wall. The condition Issues with the lagoon liner causes the fadllty to be In violation
of Condition. II.1 of Permit No. WQ0019665 which requires the facility to be properly operated
as a non -discharge system preventing the discharge of any wastewater bo ground or surface
water.
In addition, the Issues below must also be addressed:
Compliance Issue(s):
1) The liner in the primary and secondary lagoon must be repaired or replaced.
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2), The areas where liner is pulling away from berm -wall must be repaired or replaced tomaintain the structural.
integrity.of the berm wall. The areas where the liner has pulled away could potentially allow wastewater to
bypass the" treatment unit resulting in a conduit t_groundwater. These unmaintalned areas could also result In
a catastrophic breach of the berm wall creating an unpermitted discharge of wastewater to surface waters
causing stream bank erosion, surface water standard violations, fish kills and other biologicallife to be harmed
or die off. You are hereby notified that the operation of the facultative lagoon without the proper installation of
the. liner is a violation of Swan Quarter WWTF`s Permit No. WQ0019665 Conditions II. 1.
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 in accordance with the terms, conditions, or requirements of any permit issued pursuant to G.S.
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 should have already been taken to oorrect 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 fora Special Order by
Consent.
Reminder: Pursuant to Permit Condition IVJj 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 conceming this matter or to apply for an SOC, please contact Victoria Herdt of the
Washington Regional Office at 252-948-3844.
Sincerely,
David May, Regional Supervisor
Water Quality Regional Operations Section
Washington Regional Office
Division of Water Resources, NCDEQ
ATTACHMENT'S
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