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HomeMy WebLinkAboutNC0085511_NOV-2016-MV-0073_20160607 PAT MC,GRORY DONALD R. VAN DER,VAAXT e.no mfr wµ .5. JAY ZIh MERMAN > Certified Mail # 7012 1010 0002 1965 5822 Return Receipt R es June 7, 2016 Leslie P Carreiro City of Asheville 3374 N Fork - Left Fork Rd Black Mountain, NC 28711-8752 SUBJECT: NOTICE OF VIOLATION &INTENT TO ASSESS CML PENALTY Tracking Number: NOV-2016-MV-0073 Permit No. NCO085511 Mills River Regional V TP Henderson County Dear Permittee: A review of the October 2015 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 Turbidity(00070) 10/31/2015 2 X month Frequency Violation 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 tD 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) 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. State of Nath Carolina I Envuoamental Quality I Waw Resourcm 2090 U.S.70 Highway,Swaanmoa,NC 28778 828-296-4500 If the above parameter was left off inadvertently, please send amended EDMRs within 10 business days Qf receipt of this letter to Raleigh at the address found on the front page of your DMR and also a copy to this office. Since this "Discharge Monitoring Report" was processed as an eDMR, it is suggested that the ORC/ Certifier/ Submitter please take note of the "VALIDATION WARNINGS" appearing during completion of the eDMR which should alert you to any omissions of permit required parameters or limit violations for the eDMR month. Please refer to the eDMR Facility Repordno Guide. 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. 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, /J FJ/ 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:\WR\WQ\Manderson\Wastewater\Municipal\Mills River WfP 85511\NOV-N01-2016-MV-0073.rtf