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HomeMy WebLinkAboutNC0077968_NOV and Intent to Assess_20240826ROY COOPER Governor ELIZABETH S. BISER Secretary RICHARD E. ROGERS, JR. Director Certified Mail # 7019 1120 0001 5505 0117 Return Receipt Requested Rohun Khanna 275 Madison Ave Ste 2010 New York, NY 10016 NORTH CAROLINA Environmental Quality September 3, 2024 SUBJECT: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY Tracking Number: NOV-2024-LM-0068 Permit No. NCO077968 Reedy Fork MHC Alamance County Dear Rohun Khanna: A review of the June 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 Phosphorus, Total (as P) - 6/30/2024 2 2.69 Quarterly Average Exceeded Concentration (C0665) Monitoring Violation(s): Sample Monitoring Location Parameter Date Frequency Type of Violation 001 Effluent Nitrogen, Total - Concentration 6/30/2024 Quarterly Frequency Violation (C0600) 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 Winston-Salem Regional Office 1 450 West Hanes Mill Road, Suite 300 1 Winston-Salem. North Carolina 27105 336,776.9800 Remedial actions should have already been taken to correct this problem and prevent further occurrences in the future. Please respond in writing within ten (10) business days after receipt of this Notice, stating whether the violation(s) has been corrected, or if it is of an ongoing nature. If the violation(s) has been resolved, your response should include a description of the actions that were taken to address the violation(s) and to prevent their reoccurrence. If the violations cited in this Notice are of a continuing nature, you must provide a report to DWR's Winston-Salem Regional Office that includes the following information: • Owner and Facility Name, and NPDES Permit Number. • A list of violations that have occurred during the noncompliant episode. • A statement summarizing the facility's investigation of the noncompliance, indicating its cause. • The facility's corrective action plan or strategy to address the noncompliance. • A statement describing the facility's implementation of its corrective action plan, including the date of an anticipated return to consistent compliance. Your response and/or report should be submitted to my attention to the address at the bottom of the first page, or you may send it as an attachment to an email to WSRONOVResponse@dea.nc.gov. Either form of reply should be submitted within ten (10) business days. Furthermore, if you wish to provide any additional information regarding the noted violation(s) that may affect the Division's enforcement response, please include that information as part of your response. This information, along with statements provided on the submitted Monitoring Report(s), will be evaluated in the consideration of any assessment of civil penalties related to the violation(s). If continuing violations are not related to operation and/or maintenance problems, and you anticipate remedial construction activities, you may wish to consider applying for a Special Order by Consent (SOC). Please be aware that it is a condition of your NPDES permit that you adequately address such violations (Part II, Section B. 2 - the "Duty to Mitigate" condition). Violations of a continuing nature can justify the assessment of increased civil penalty amounts to address the noncompliance. If you have any questions concerning this matter, wish to request technical assistance, discuss overall compliance, or explore the possibility of entering into a SOC, please contact Michael Gearren of the Winston-Salem Regional Office at 336-776-9800, or via email at michael.gearren@deq.nc.gov. Sincerely, DocuS�igfned by: 1451349E225C94EA... Lon T. Snider, Regional Supervisor Water Quality Regional Operations Section Winston-Salem Regional Office Division of Water Resources, NCDEQ North Carolina Department of Environmental Quality I Division of Water Resources Winston-Salem Regional Office 1 450 West Hanes Mill Road. Suite 300 1 Winston-Salem. North Carolina 27105 336 776.9600