HomeMy WebLinkAboutNC0022691_NOV and Intent to Assess_2016081544 arerResources
tNVIRONMENTAL GIUALITY
Certified Mail # 7015 0640 0005 8164 0834
Return Receipt Requested
August 15, 2016
Mr. Andrew Luter
Yes AF Utilities Exp, LLC
2401 15th Street, Suite 350
Denver, CO 80202
PAT IVICGRORY
Gosernor
DONALD R. VAN DER %.AART
S�sre:�y
S. JAY ZINIMERM 4N
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RECEIVEDINCDEOIDWR
AUG 19 2016
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Perrnitting
SUBJECT: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY
Tracking Number: NOV-2016-LV-0460
Permit No. NCO022691
Autumn Forest MHC WWTP
Guilford County
Dear Mr. Luter:
A review of the May 2016 Discharge Monitoring Report (DMR) for the subject facility revealed the violation(s)
indicated below:
Limit IExceedance Violation(s):
Sample
Location Parameter
Limit Reported
Date Value Value Type of Violation
001 Effluent BOD 5/25/2016 10.5 18.2 Daily Maximum Exceeded
001 Effluent BOD May 2016 7 7.22 Monthly Average Exceeded
001 Effluent Ammonia Nitrogen . May 2016 2 2.68 Monthly Average Exceeded
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 of North Carolina I Environmental Quality I Water Resources
450 West Hanes Mill Road, Suite 300, Winston-Salem, NC 27105
336-776-9800
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.
If you have any questions concerning this matter or wish to apply for an SOC, please contact Michael Mickey of the
Winston-Salem Regional Office at 336-776-9800.
'Sincerely,
Sherri V. Knight, Regional Supervisor
Water Quality Regional Operations Section
Winston-Salem Regional Office
Division of Water Resources, NCDEQ
Cc: Adam Motsinger (amotsinger@apexcos.com)
David Merritt (david.merritt@meritechlabs.com)
NPDES Compliance/Enforcement Unit - Enforcement File
Central Files
WSRO
State of North Carolina I Environmental Quality I Water Resources
450 West Hanes Mill Road, Suite 300, Winston-Salem, NC 27105
336-776-9800