NC0003719_NOV-2016-LV-0276_20160603

PAT MCCRORY
r�
DONALD It VAN DER VAART
swan
waterResources
eWVW014Ma4ALrutµary .. . . S. JAY ZIMMERMAN
Certified Mail # 7009 3410 0001 6831 3558
Return Receipt Reauested
June 3, 2016
Matthew P Hendrickson
DAK Americas LLC
3500 Cedar Creek Rd
Fayetteville, NC 28312
SUBJECT: NOTICE OF VIOLATION &INTENT TO ASSESS CML PENALTY RECEIVEDINCDE0IDWR
Tracking Number: NOV-2016-LV-0276
Permit No. NC0003719 JUN 0 8 2016
Cedar Creek Site water Quality
Cumberland County Permitting section
Dear Permittee:
A review of the February 2016 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
002 Effluent BOD, 5-Day(20 Deg. C) - 2/18/2016 286 620 Daily Maximum Exceeded
Quantity Daily (QD310)
002 Effluent Solids,Total Suspended - 2/18/2016 394.5 906.4 Daily Maximum Exceeded
Quantity Daily (QD530)
002 Effluent BOD, 5-Day (20 Deg. C) - 2/29/2016 157.6 210.7 Monthly Average Exceeded
Quantity Daily (QD310)
002 Effluent Solids,Total Suspended - 2/29/2016 180 184.1 Monthly Average Exceeded
Quantity Daily (QD530)
State 0fN0rtlt carotin I Enviroramental Quality I water Resources
225 Green Street,Suite 714,Fayetteville,NC 28301-5043
910-433-3300

Mr. Hendrickson
Page 2
June 3, 2016
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. 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 wish to consider registering to use the 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:
h=://portal.ncdenr.orci/web/wg/admin/bog/ipu/edmr.
If you have any questions concerning this matter or to apply for an SOC, please contact Mark Brantley of the
Fayetteville Regional Office at 910-433-3300.
Sincerely,
Belinda S. Henson, Regional Supervisor
Water Quality Regional Operations Section
Fayetteville Regional Office
Division of Water Resources, NCDEQ
Cc: WQS Fayetteville Regional Office - Enforcement File
NPDES Compliance/Enforcement Unit - Enforcement File
State of North Carolina I Environmental Que ity I Water Resources
225 Green Street,Suite 714,Fayemevilte,NC 26301-5043
910433-3300