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HomeMy WebLinkAboutNCG590002_NOV-2024-MV-0137 Notice of Intent_20241118 Certified Mail # 7017 0190 0000 2485 9425 Return Receipt Requested November 18, 2024 Owen H Strickland, Mayor Town of Bailey PO Box 40 Bailey, NC 27807-0040 SUBJECT: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY Tracking Number: NOV-2024-MV-0137 Permit No. NCG590002 Bailey Well #2 WTP Nash County Dear Mayor Strickland: A review of the September 2024 Discharge Monitoring Report (DMR) for the subject facility revealed the violation(s) indicated below: Monitoring Violation(s): Sample Monitoring Location Parameter Date Frequency Type of Violation _________________________________________________________________________________________________________________________________________________________________________ 001 Effluent Solids, Total Suspended - 9/30/2024 2 X month Frequency Violation Concentration (CO530) _________________________________________________________________________________________________________________________________________________________________________ 001 Upstream Hardness, Total (as CaCO3) 9/30/2024 Quarterly Frequency Violation (00900) _________________________________________________________________________________________________________________________________________________________________________ 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. Docusign Envelope ID: 8124FAB9-8859-4B4C-AC52-77C7A702F74B If the violations cited in this Notice are of a continuing nature, you must provide a report to DWR’s Raleigh 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 RRONOVResponse@deq.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 Kevin Fowler of the Raleigh Regional Office at 919-791-4200, or via email at kevin.fowler@deq.nc.gov. Sincerely, Vanessa E. Manuel, Assistant Regional Supervisor Water Quality Regional Operations Section Raleigh Regional Office Division of Water Resources, NCDEQ Cc: Laserfiche Docusign Envelope ID: 8124FAB9-8859-4B4C-AC52-77C7A702F74B