NC0055786_NOV2023LV0780_20231024

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
Certified Mail # 7022 2410 0003 1826 9418
Return Receipt Requested
Tom Johnson
City of Lexington
28 W Center St
Lexington, NC 27292-3099
NORTH CAROLINA
Environmental Quality
October 24, 2023
SUBJECT: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY
Tracking Number: NOV-2023-LV-0780
Permit No. NCO055786
Lexington Regional WWTP
Davidson County
Dear Mr. Johnson:
A review of the August
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
BOD, 5-Day (20 Deg. C) -
8/5/2023
7.5
9.9
Weekly Average Exceeded
Concentration (C0310)
001 Effluent
Nitrogen, Ammonia Total (as
8/5/2023
3
5.86
Weekly Average Exceeded
N) - Concentration (C0610)
001 Effluent
BOD, 5-Day (20 Deg. C) -
8/31/2023
5
5.79
Monthly Average Exceeded
Concentration (C0310)
001 Effluent
Nitrogen, Ammonia Total (as
8/31/2023
1
1.79
Monthly Average Exceeded
N) - Concentration (C0610)
North Carolina Department of Environmental Quality I Division of Water Resources
Winston-Salem Regional Office 1 450 West Hanes Mitl Road, Suite 300 1 Winston-Salem. North Carolina 27105
336.776.9600

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.
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 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 Jesse Barnes of the
Winston-Salem Regional Office at 336-776-9800.
Sincerely,
DocuSigned by:
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145B49E225C94EA...
Lon T. Snider, Regional Supervisor
Water Quality Regional Operations Section
Winston-Salem Regional Office
Division of Water Resources, NCDEQ
North Carolina Department of Environmental Quality I Division of Water Resources
Winston-Salem Regional Office 1 450 West Hanes Mill Road, Suite 300 1 Winston-Salem. North Carolina 27105
336 776.9600