NC0071323_NOV‑2024‑LV‑0265_20240327

DocuSign Envelope ID:B00113675-21A241`03-91`89-1FD791673474
Ile
ROY COOPER
Governor Q
ELIZABETH S.BISER
Secretary a� -
RICHARD E.ROGERS,JR. NORTH CAROLINA
Director Environmental Quality
Certified Mail # 9589 0710 5270 0731 8012 25
Return Receipt Requested
March 26, 2024
Ken Deaver
Etowah Sewer Company
2905 Wood Rd
Mooresboro, NC 28114-0063
SUBJECT: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY
Tracking Number: NOV-2024-LV-0265
Permit No. NCO071323
Etowah Sewer Company WWTP
Henderson County
Dear Permittee:
A review of the January 2024 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) - 1/9/2024 45 55 Daily Maximum Exceeded
Concentration (C0310)
001 Effluent Flow, in conduit or thru 1/31/2024 0.125 0.1261 Monthly Average Exceeded
treatment plant (50050)
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.
North Carolina Department of Environmental Quality I Division of Water Resources
Asheville Regional Office 1 2090 US.Highway 70 1 Swannanoa,North Carolina 28778
^+� 828.296.4500

DocuSign Envelope ID:B00113675-21A241`03-91`89-1FD791673474
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 Natalie Nish of the
Asheville Regional Office at 828-296-4500.
Sincerely,
lio—DocuSigned by:
VaAA, 66SS
Danie B6ss97A1-APAr P 69�iVaI-Supervisor
Water Quality Regional Operations Section
Asheville Regional Office
Division of Water Resources, NCDEQ
EC: Laserfiche
North Carolina Department of Environmental Quality I Division of Water Resources
Asheville Regional Office 12090 U.S.Highway 70 I Swannanoa,North Carolina 28778
^+� 828.296.4500