WQ0040186_NOV-2023-PC-0432_20230823

Certified Mail # 7020 3160 0000 4109 4452
Return Receipt Requested
August 23, 2023

Michael Tenoever
Tenoever Winery
6225 Wake Forest Road
Durham, NC 27703

SUBJECT: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY
Tracking Number: NOV-2023-PC-0432
Permit No. WQ0040186
Tenoever Winery WWTP
Durham County

Dear Permittee:

A review of the December 2022 Non-Discharge Monitoring Report (NDMR) and Non-Discharge Analysis Report
(NDAR1) for the subject facility revealed the violation(s) indicated below:

Report Period Due Date Received Date Days Late
Dec 2022 01/31/2022 181
Dec 2022 01/31/2022 181

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.
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
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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 Dorothy Robson of
the Raleigh Regional Office at 919-791-4200.
Sincerely,

Vanessa E Manuel, Assistant Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ

Cc: NON-DISCHARGE Laserfiche
DocuSign Envelope ID: EDFF7753-2672-4897-AA9B-143A55C2BBFD