NC0023736_NOV2016LV0105_20160216

PAT MCCRORY
r
C
DONALD R. VAN DER V AART
:iCrre_­)
WaterResources
fNYIROHHENTAL QUAL!TT S. JAY" ZIMhMERMAN
ATecroy
Certified Mail # 7014 0510 0000 4466 1070
Return Receipt Requested
February 18, 2016
Mr. W. Lane Bailey, City Manager
City of Lenoir
PO Box 958
Lenoir, NC 28645-0958
SUBJECT: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY
Tracking Number: NOV-2016-LV-0105
Permit No. NCO023736
Gunpowder Creek WWTP
Caldwell County
Dear Permittee:
A review of the September 2015 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 Coliform, Fecal MF, M-FC 9/19/2015 400 1,070.79 Weekly Geometric Mean Exceeded
Agar,44.5C,24hr (31613)
001 Effluent Coliform, Fecal MF, M-FC 9/26/2015 400 576.05 Weekly Geometric Mean Exceeded
Agar,44.5C,24hr (31613)
001 Effluent Coliform, Fecal MF, M-FC 9/30/2015 200 306.48 Monthly Geometric Mean Exceeded
Agar,44.5C,24hr (31613)
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 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.
State ot'North Carolina I Environmental Quality I Water kesourecs
2090 U S.70 Highway,Swannanuu.N('28778
828-296-4500

If you wish to provide additional information regarding the noted violation, request technical assistance, or
discuss overall compliance please respond in writing within ten (10) business days after receipt of this Notice. A
review of your response will be considered along with any information provided on the submitted Discharge
Monitoring Report(s). You will then be notified of any civil penalties that may be assessed regarding the
violations. If no response is received in this Office within the 10-day period, a civil penalty
assessment may be prepared.
Remedial actions should have already been taken to correct this problem and prevent further occurrences in the
future. The Division of Water Resources may pursue enforcement action for this and any additional violations of
State law. If the violations are of a continuing nature, not related to operation and/or maintenance problems,
and you anticipate remedial construction activities, then you may wish to consider applying for a Special Order by
Consent.
Reminder: Pursuant to Permit Condition 6 in Section E, the Permittee is .required to verbally notify the Regional
Office as soon as possible, not to exceed 24 hours, from first knowledge of any non-compliance at
the facility including limit violations, bypasses of, or failure of a treatment unit. A written report may
be required within 5 days if directed by Division staff. Prior notice should be given for anticipated or
potential problems due to planned maintenance activities, taking units off-line, etc.
Additionally and If you have not already done so, you may lay wsI to consider registering to use 1[le Division"s new
e-DMR system for the completion and electronic submittal of monthly Discharge Monitoring Reports (DMRs).
For more information, please visit the eDMR Website at the following address:
http://portal.ncdenr.org/web/wg/admin/bog/ipu/edmr.
If you have any questions concerning this matter or to apply for an SOC, please contact Janet Cantwell of the
Asheville Regional Office at 828-296-4500.
Sincerely,
G. Landon Davidson, P.G., Regional Supervisor
Water Quality Regional Operations Section
Asheville Regional Office
Division of Water Resources, NCDEQ
Cc: WQS Asheville Regional Office - Enforcement File
NPDES Compliance/Enforcement Unit - Enforcement File
G:;L'J J_';i_a:C::cll. _,,_.:ar: •i� ;vdY i.;pr::d :^cr.L; �.,�. ( ._. .. . _ ;r