NC0023736_NOVNOI2024DV0288_20240710

DocuSign Envelope ID: CC12BD64-74A1-42D0-92B8-25251673F70F
ROY COOPER
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ELIZABETH S. BISER
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RICHARD E. ROGERS, JR.
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NORTH CAROLINA
Environmental Quality
Certified Mail # 9589 0710 5270 0475 7194 35
Return Receipt Requested
July 10, 2024
Jeff Church, Public Utilities Director
City of Lenoir
PO Box 958
Lenoir, NC 28645
SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY
Gunpowder Creek WWTP
City of Lenoir
Tracking Number: NOV-2024-DV-0288
Incident No. 202401118
Permit No. NCO0237636
Unauthorized Bypass
Dear Mr. Church:
At approximately 05:30 AM on July 2, 2024, a failure in the back up battery for the computer programming that
operates the five SBR tanks at Gunpowder Creek WWTP caused the facility to operate in safe mode. Safe mode
opens the influent valves, stops the air and mixing in the SBR tanks, and switches the SBR tanks into settling
mode. Because of this, SBR tank #3 had an unauthorized bypass of unchlorinated decant wastewater which
flowed over the equalization basin and onto the ground surface, and then into Gunpowder Creek (11-55-[1.5];
Class WS-IV). Elisa Triplett (Wastewater Treatment Plant Superintendent, City of Lenoir) emailed Rachel Rose
(Asheville Regional Office, Division of Water Resources, Environmental Specialist) at 10:56 AM on July 2, 2024 to
report the incident. Based upon the findings and summary of the violation below, Gunpowder Creek WWTP caused
an unauthorized bypass of primary treated wastewater onto the ground surface and into surface waters.
Permit Condition
Violation Date
Description
Violation Type
Permit Condition Part
07/02/2024
Bypass of 10,417
Permit Condition Bypass
II.C.4.c.1:
gallons of unchlorinated
Bypass from the treatment
decant wastewater from
facility is prohibited and the
SBR Tank #3 with 1,000
Permit Issuing Authority may
gallons reaching surface
take enforcement action
waters.
against a Permittee for bypass.
This Notice of Violation/Notice of Intent to Enforce (NOV/NOI) is being issued for the noted violation. 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
North Carolina Department of Environmental Quality 1 Division ar Water Resoumes
Asheville Regional0fce 12090 t) 5. Highway 20 15wannan- North Carol'ma 28]28
�� 8282464500

DocuSign Envelope ID: CC12BD64-74A1-42D0-92B8-25251673F70F
permit issued pursuant to G.S. 143-215.1.
This office requests that you respond to this Notice, in writing, within 10 business days of its
receipt. In your response, you should address the causes of non-compliance, remedial actions, and all other
actions taken to prevent the recurrence of similar situations. The response to this correspondence will be
considered in this process. Enforcement decisions will also be based on volume spilled, volume reaching surface
waters, duration and gravity, impacts to public health, fish kills or recreational area closures. Other factors
considered in determining the amount of the civil penalty are the violator's history of non-compliance, the cost of
rectifying the damage, whether the spill was intentional and whether money was saved by non-compliance.
If you have any questions, please do not hesitate to contact Rachel Rose with the Water Quality Section in
the Asheville Regional Office at 828-296-4500 or via email at [e-mail].
Sincerely,
DocuSigned by:
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Daniel Boss, Assistant Regional Supervisor
Water Quality Regional Operations Section
Asheville Regional Office
Division of Water Resources, NCDEQ
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Elisa Triplett (Wastewater Treatment Plant Superintendent)
Donnie Hawkins (ORC)
Aoht aRWi� 1Off-1n20 Environmental Qus1 5 OivislonN Water Resources
Asheville Regional t]FFice 2l)99 U,S. Highway lU Swannanoa. Nor[h Carolina 287I8
828,296 MC