WQ0013502_NOV and Intent to Assess_20240205 (2)

DocuSign Envelope ID: 846D7A75-8F96-482A-A8B1-DC5FFEF9AEB4
ROY COOPER
i
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ELIZABETH S. B1SER
Secrnrary
RICHARD E. ROGERS, JR.
NORTH CAROLINA
Director
Environmental Quality
Certified Mail # 7020 3160 0000 4109 2564
Return Receipt Reauested
February 5, 2024
Kenneth Chad Leinbach
3995 Jones Ferry LLC
1284 Windy Rdg Rd
Chapel Hill, NC 27517-6486
SUBJECT: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY
Tracking Number: NOV-2024-PC-0018
Permit No. WQ0013502
Tower Apartments WWTF
Chatham County
Dear Permittee:
A review of the September 2023 Non -Discharge Monitoring Report (NDMR) for the subject facility revealed the
violation(s) indicated below:
Report Period Due Date Received Date Days Late
September NDMR 2023 10/31/2023 97
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.
N-th Carolina Department ofEnvI—meotal Quality I Dlylsimcf Wattr Resources
R Iclgh PLNl al OfFlce 1 34006arretl Drive I Ralclgh, North C-11m Z7609
919.791A200

DocuSign Envelope ID: 846D7A75-8F96-482A-A8B1-DC5FFEF9AEB4
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 James Westcott of
the Raleigh Regional Office at 919-791-4247.
Sincerely,
ADo'c'u,SiAgne'd by: - I'
E
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Michael Hall, Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ
Cc: Non- Discharge Laserfiche
D � N..rlh Caroi'�na1 offic cI OObpIrormenral Quality lDlvrshc Water Resources
Raleigh Rcgionai OOlce 3800 BarrNl �rrvc Ralclgh. North Carolina 27609
919.791A200