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NCG550291_Notice of Violation (PC-2009-0706)_20090810
its• F1. W . North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary August 10,2009 CERTIFIED MAIL 7008 0500 0002 0609 3574 RETURN RECEIPT REQUESTED Todd and Kimberly Conrad 221 Greenlawn Rd Kernersville NC 27284 SUBJECT: Notice of Violation and Recommendation to Enforce NCG550291 -NOV-2009-PC-0706 Discharge of Wastewater Without a Permit 221 Greenlawn Rd Forsyth County Dear Mr. And Mrs. Conrad, A compliance inspection was conducted at 221 Greenlawn Road on August 06,2009 by Rose Pruitt of the Winston-Salem Regional Office of the Division of Water Quality(DWQ). This inspection consisted of a file review and site inspection of 221 Greenlawn Road. During the file review it was determined that the Division of Water Quality has no record of your having a valid permit for the discharge of wastewater at the location noted above. This site discharges to an Unnamed Tributary to Smith Creek, a Class WS-III water in the Yadkin River Basin. The Division notes that Forsyth County tax records show you to be the owner of this property since 2007. Division records show an active permit for this site was issued to Gerald W Sapp and renewed in 2007. General Permit NCG550000 states in Part II Satandard Conditions for NPDES Permits, Section E Reporting Requirements, 5.Transfers; This permit is not transferable to any person except after notice to and approval by the Director. The Director may require modification or revocation and reissuance of the permit and incorporating such other requirements as may be necessary under the Clean Water Act. Discharging Without a Permit You are hereby advised that the discharge of wastewater without benefit of a permit from DWQ constitutes a violation of North Carolina General Statute (NCGS) § 143-215.1. Control of sources of water pollution; permits required (a) Activities for Which Permits Required. —No person shall do any of the following things or carry out any of the following activities unless that person has received a permit from the Commission and has complied with all conditions set forth in the permit: (1) Make any outlets into the waters of the State. (2) Construct or operate any sewer system,treatment works, or disposal system within the State. (6) Cause or permit any waste, directly or indirectly, to be discharged to or in any manner intermixed with the waters of the State in violation of the water quality standards applicable to the assigned classifications or in violation of any effluent standards or limitations established for any point source, North Carolina Division of Water Quality,Winston-Salem Regional Office Location:585 Waughtown St.Winston-Salem,North Carolina 27107 1��One 1, Phone:336-771-50001 FAX:336-771-4630\Customer Service:1-877-623-6748 IN orthCilrolina Internet:www.ncwaterquality.org �yt9/�vtYb�6 An Equal Opportunity\Affirmative Action Employer 66�� 66��bb unless allowed as a condition of any permit, special order or other appropriate instrument issued or entered into by the Commission under the provisions of this Article. The enforcement options available to DWQ for violations of the previously referenced statutes are found at NCGS 143- 215.6 A,B, and C, and include civil penalties, criminal penalties, and or injunctive relief. The civil penalties for violations such as these may be as high as $25,000.00 per day per violation. You must immediately take whatever steps are necessary to stop the unpermitted discharge of wastewater at the site. m As a first step,you should complete the enclosed Permit Name Ownership Change Form and return it to Mr. Charles Weaver at the address indicated on the Change form within 10 days of receipt of this notice. This Office requests that you respond to this letter,in writing,within 10 days of receipt of this Notice. Your response should include the following items: © A duplicate copy of the completed Permit Name Ownership Change Form should be enclosed with your response to this Notice to the Winston Salem Regional Office within 10 days of receipt of this Notice. If you wish to present any additional explanation for the violations cited, or if you believe there are other factors which should be considered,please send such information to me in writing within(10) days following receipt of this letter. Any additional information will be reviewed, and, if an enforcement action is still deemed appropriate, this information, along with other relevant information,will be forwarded to the Director of DWQ with the enforcement package for his consideration. Should you have any questions on this matter, contact Rose Pruitt at(336)771-5000. Sincer ly, Steve W. Tedder Water Quality Supervisor Winston-Salem Region Division of Water Quality Attachments;Name Change Cc WSRO Central Files VhrElesA'.'eaverstDWMaNIIDES