NC0079561_NOV-2015-LM-0021_20150521

AYA
North Carolina Department of Environment and Natural Resources
Pat McCrory Donald R.van der Vaart
Governor Secretary
May 18,2015
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7014 0510 0000 4466 5795 RECEIVED/DENR/DWR
The Honorable John Boone, Mayor MAY 2 1 2015
Town of Elk Park
P.O. Box 248 Water Quality
Elk Park,North Carolina 28622
Pe►mltting Section
Subject: Notice of Violation and
Recommendation for Enforcement
Tracking#: NOV-2015-LM-0021
Elk Park WWTP
NPDES Permit No.NCO079561
Avery County
Dear Mayor Boone:
A review of the January 2015 self-monitoring report for the subject facility revealed violations of the
following parameter:
Date Outfall Parameter Reported Value Permit Limit
01/31/2015 001 Flow 4.26 MGD 0.1 MGD
Date Outfall Parameter Frequency Violation
01/01/2015 001 Flow Continuous Failure to Monitor
01/03/2015 001 Flow Continuous Failure to Monitor
01/04/2015 001 Flow Continuous Failure to Monitor
01/10/2015 001 Flow Continuous Failure to Monitor
01/11/2015 001 Flow Continuous Failure to Monitor
01/16/2015 001 Flow Continuous Failure to Monitor
01/17/2015 001 Flow Continuous Failure to Monitor
01/18/2015 001 Flow Continuous Failure to Monitor
01/192015 001 Flow Continuous Failure to Monitor
01/24/2015 001 Flow Continuous Failure to Monitor
01/25/2015 001 Flow Continuous Failure to Monitor
01/31/2015 001 Flow Continuous Failure to Monitor
I
I
Water Quality Regional Operations—Asheville Regional Office
2090 U.S.Highway 70,Swannanoa,North Carolina 28778
Phone: [phone] FAX: [phone]
Internet: http:Nportal.ncdenr.org/webtwq
An Equal Opportunity/Affirmative Action Employer

I
Mayor John Boone
May 18, 2015
Page Two
A Notice of Violation/Notice of Recommendation for Enforcement(NOV/NRE) is being issued for the
noted violation of North Carolina General Statute (G.S.) 143-215.1 and NPDES Permit No. NCO079561.
Pursuant to G.S. 143-215.6A, a civil penalty of not more than twenty-rive 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. 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)days after receipt of this Notice. A review of your response will be considered along
with any information provided on the January 2015 Discharge Monitoring Report. 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, if not already implemented, should be taken to correct any problems. The Division of
Water Resources may pursue enforcement actions for this and any additional violations. 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. You may
contact this office for additional information.
If you have questions concerning this matter, please do not hesitate to contact Janet Cantwell or
me at 828/296-4500.
Sincerely,
G. Landon Davidson, P.G.,Regional Supervisor
Water Quality Regional Operations,NCDENR
Asheville Regional Office
cc: WQ Asheville Files
MSC 1617-Central Files-Basement
WQ Enforcement/NPDES Point Source Branch 06
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