NC0024236_NOV-2024-PC-0010_20240110

DocuSign Envelope ID: 3CE39EEB-78BA-4480-B3BE-6557DF24C1E8
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ROY COOPER
Governor
ELIZABETH S. BISER
Secretary °""'"•
RICHARD E. ROGERS, JR. NORTH CAROLINA
Director Environmental Quality
Certified Mail # 7022 1670 0000 9974 8464
Return Receipt Reauested
January 10, 2024
Rhonda Barwick
City of Kinston
PO Drawer 339
Kinston, NC 28502
SUBJECT: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY
Tracking Number: NOV-2024-PC-0010
Permit No. NCO024236
Johnnie Mosley Regional WRF
Lenoir County
Dear Ms. Barwick:
Kenneth Stevens reported a bypass of the denitrification filters from 9:03 pm on December 17, 2023 through 10:39
am on December 20, 2023 due to pin floc discharging from the Clarifiers. Influent flow peaked at 16.40 MGD due to
heavy rain that caused pin floc to discharge from the Clarifiers. This unpermitted bypass is a violation of NPDES
Permit standard Conditions: Section C. Operations and Maintenance Control, 4 Bypassing of treatment facilities.
4. Bypassing of Treatment Facilities
c. Prohibition of Bypass
(1) Bypass from the treatment facility is prohibited and the Permit Issuing Authority may take enforcement action
against a Permittee for bypass, unless:
(A) Bypass was unavoidable to prevent loss of life, personal injury or severe property damage;
(B) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities,
retention of untreated wastes or maintenance during normal periods of equipment downtime. This
condition is not satisfied if adequate backup equipment should have been installed in the exercise of
reasonable engineering judgement to prevent a bypass which occurred during normal periods of
equipment downtime or preventative maintenance; and
(C) The Permittee submitted notices as required under Paragraph b. of this section
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 Permit NC0024236. 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 5 Day
Report. 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.

DocuSign Envelope ID: 3CE39EEB-78BA-4480-B3BE-6557DF24C1E8
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.
If you have any questions concerning this matter or to apply for an SOC, please contact Robbie Bullock of the
Washington Regional Office at 252-946-6481.
Sincerely,
DocuSigned by:
Blow Tom,"
B3E06114EEAF4F7...
Robert Tankard, Assistant Regional Supervisor
Water Quality Regional Operations Section
Washington Regional Office
Division of Water Resources, NCDEQ
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