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Certified Mail # 7014 0510 0000 4466 4828
Return Receipt Requested
September 14, 2016
Jim Fatland
City of Brevard
95 W Main St
Brevard, NC 28712
SUBJECT: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY ����v®��®��p��C�
Tracking Number: NOV-2016-MV-0105
Permit No. NCO060534 SEP I ZM
Brevard WWTP
Transylvania County Water C Sect on
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Dear Permittee:
A review of the March 2016 Discharge Monitoring Report (DMR) for the subject facility revealed the violation(s)
indicated below:
Monitoring Violation(s):
Sample
Location Parameter
Monitoring
Date Frequency Type of Violation
001 Effluent Flow, in conduit or thru treatment 3/25/2016 Continuous Frequency Violation
plant (50050)
001 Effluent Copper, Total (as Cu) (01042) 3/31/2016 Quarterly Frequency Violation
001 Effluent Mercury, Total (as Hg) - 3/31/2016 Quarterly Frequency Violation
Concentration (COMER)
001 Effluent Nitrogen, Total - Concentration 3/31/2016 Quarterly Frequency Violation
(C0600)
001 Effluent Phosphorus, Total (as P) - 3/31/2016 Quarterly Frequency Violation
Concentration (C0665)
001 Effluent Silver, Total (as Ag) (01077) 3/31/2016 Quarterly Frequency Violation
001 Efflueht Zinc, Total (as Zn) (01092) 3/31/2016 Quarterly Frequency Violation
State of North Carolina I Environmental Quality I Water Resources
2090 U.S. 70 Highway, Swannanoa, NC 28778
828-296-4500
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.
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.
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, 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
Emory Owen/ ORC
G:\WR\WQ\Transylvania\Wastewater\Municipal\Brevard WWTP 60534\N0V-N0I-2016-MV-0105.rtf