WQ0022224_NOV-2024-LV-0093_20240130

DocuSign Envelope ID: 52CBEC9F-EFAC-4C90-A358-E7FOF3A70397
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E ROGERS, JR.
Director
Certified Mail # 7017 2680 0000 2237 3963
Return Receipt Requested
Richard Cappola
Town of Clayton
PO Box 879
Clayton, NC 27528-0879
NORTH CAROLINA
Environmental Quality
January 30, 2024
SUBJECT: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY
Tracking Number: NOV-2024-LV-0093
Permit No. WQ0022224
Sam's Branch WRF
Johnston County
Dear Permittee:
A review of the October 2023 Non -Discharge Monitoring Report (NDMR) for the subject facility revealed the
violation(s) indicated below:
Limit Exceedance Violation(s):
Sample
Location Parameter
Limit Reported
Date Value Value Type of Violation
001 Turbidity, HCH Turbidimiter 10/8/2023 10 10.6 Daily Maximum Exceeded
(00076)
001 Turbidity, HCH Turbidimiter 10/9/2023 10 11.3 Daily Maximum Exceeded
(00076)
001 Turbidity, HCH Turbidimiter 10/10/2023 10 13.7 Daily Maximum Exceeded
(00076)
001 Turbidity, HCH Turbidimiter 10/21/2023 10 12.4 Daily Maximum Exceeded
(00076)
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DocuSign Envelope ID: 52CBEC9F-EFAC4C90-A358-E7FOF3A70397
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
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 Chris Smith of the
Raleigh Regional Office at 919-791-4200.
Cc: Laserfiche
Sincerely,
DocuftnBE DEy-
MI
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Michael Hall, Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ
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