NC0085553_NOV and Intent to Assess_20241106

Docusign Envelope ID: DAEA1803-F653-4B9B-A47F-9325B394771C
a SrAZE o
ROY COOPER
Governor
MARY PENNY KELLEY `. -a^�
Secretary mow•`'
RICHARD E.ROGERS,JR. NORTH CAROLINA
Urecyor Environmental Quality
Certified Mail # 7021 0950 0001 1209 6128
Return Receipt Requested
November 6, 2024
Chris McCall
Village of Bald Head Island
PO Box 3009
Bald Head Island, NC 28461-3009
SUBJECT: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY
Tracking Number: NOV-2024-LV-0981
Permit No. NCO085553
Bald Head Island Reverse Osmosis WTP
Brunswick County
Dear Permittee:
A review of the August 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 Arsenic, Total (as As) (01002) 8/14/2024 10 44 Daily Maximum Exceeded
001 Effluent Arsenic, Total (as As) (01002) 8/31/2024 10 44 Monthly Average Exceeded
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.
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.
o-w m`m D ��� North Carolina Department of ErMronmenlal Quality I Division of Water Resources
Wilmington Regional Office I IN Cardinal Drive Exteivi n I Wllmingtom North Carolina 28405
910.796,7215

Docusign Envelope ID: DAEA1803-F653-4B9B-A47F-9325B394771C
If the violations cited in this Notice are of a continuing nature, ,you must provide a report to DWR's Wilmin_ tQ on
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 [e-mail]. 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 Bryan Lievre of the Wilmington
Regional Office at 910-796-7215, or via email at [e-mail].
Sincerely,
D7 DoCuSigned by:
Coµ 'than-�1A,
F141E73B6F3456...
Tom Tharrington, Assistant Regional Supervisor
Water Quality Regional Operations Section
Wilmington Regional Office
Division of Water Resources, NCDEQ
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rw..a.mD ��� North Carolina Department o(Elrvironmental Quality l Division of Water Resources
Wilmington Regional Office I IN Cardnal Drive Ext—n I WII.M910M North Carolina 28405
910.796,7215