NC0023736_NOV2015LV0510_20150815

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NCDENR
North Carolina Department of,Environment and Natural Resources
Pat McCrory Donald R.van der Vaart
Governor Secretary
'August 13, 2015
RECEIVED/DENR/DWR
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7014 0510 0000 4466 8468 SEP - 3 2010
Mr. W. Lane Bailey, City Manager Water Quality
City of Lenoir Permitting Sectior
P.O. Box 958
Lenoir, North_ Carolina 28645-0958
Subject: NOTICE OF VIOLATION
NOV-2015-LV-0510
EMC-SOC-WQ-S13-002
Permit No. NCO023736
Gunpowder Creek WWTP
Caldwell County
Dear Mr. Bailey:
On December 1, 2013, the Environmental Management Commission entered into the subject
Special Order by Consent (SOC) whereby the subject WWTP was granted relaxed effluent limitations for
Fecal Coliform from those imposed by the NPDES Permit, in exchange for Lenoir's commitment to a
schedule of wastewater treatment plant improvements that will return the WWTP to compliance with the
terms of the NPDES Permit. The SOC contains provisions for the assessment of stipulated penalties when
modified limits are exceeded or schedule dates are not met.
A review of Lenoir's Gunpowder Creek WWTP's monitoring report for May 2015 showed the
following violations:
Parameter Date Interim Limit Reported Value Limit Type
Ammonia Nitrogen 05/31/2015 10 mg/ L 15.78 mg/ L Monthly Average Exceeded
Ammonia Nitrogen 05/23/2015 15 mg/ L 21.22 mg/ L Weekly Average Exceeded
Ammonia Nitrogen 05/30/2015 1 15 mg/ L 20.85 mg/ L Weekly Average Exceeded
You are directed to immediately take whatever remedial actions are necessary to correct the
problems that have led to this violation. Section III of the SOC stipulates that a penalty in the amount of
$1,000 be paid for noncompliance with any modified limit contained in the SOC. However, Section IV of the
SOC lists circumstances under which stipulated penalties are not due, essentially stating this provision is
Water Quality Regional Operations—Asheville Regional Office
2090 U.S.Highway 70, Swannanoa,North Carolina 28778
Phone [phone] FAX [phone]
Internet: hUp:Hportal.ncdenr.org/web/wq
An Equal Opportunity/Affirmative Action Employer

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f
Mr. W. Lane Bailey
August,13, 2015
Page Two
applicable when the Division of Water Resources can be satisfied the non-compliance was caused by
events or circumstances beyond the control of the Gunpowder Creek WWTP.
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If you have information that will prove to the Division that any or all of the criteria set forth in Section
IV have been met, you must submit this information in writing to the Asheville Regional Office within ten
(10) days after receipt of this notice. In the absence of evidence justifying the application of the provision 3
within Section IV, this Office will proceed with assessment of stipulated penalties as provided for in the
SOC.
If you should have any questions, please do not hesitate to contact Janet Cantwell or me at
828/296-4500.
Sincerely,
For
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G. Landon Davidson, P.G., Regional Supervisor
Water Quality Regional Operations, NCDENR a
a
Asheville Regional Office
cc: WQ Asheville Files/SOC
MSC 1617-Central Files-Basement
NPDES Point Source Branch/SOC
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G 1WR\WQ\CaldwelllWastewaterlMunicipal\Gunpowder Creek 23736WOV-SOC-2015-LV-0510 doc
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