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HomeMy WebLinkAboutNC0028606_NOV2017LV0018_20170117w V., Environmental Quality Certified Mail #7015 1520 0002 6878 1991 Return Receipt Requested January 12, 2017 Jason Joyce NC Department.of Transportation PO Box 250 North Wilkesboro, NC 28659-0250 ROY. COOPER Go4eMor SUBJECT: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY Tracking Number: NOV-2017-LV-0018 Permit No. NCO028606 I-77. Rest Area Iredell County Iredell County Dear Mr. Joyce: JAN 17 2017 Water Quality Permitting Section A review of the September 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 001 Effluent BOD, 5 -Day (20 Deg. C) - 9/21/2016 45 49.8 Daily Maximum Exceeded Concentration (C0310) 001 Effluent BOD, 5 -Day (20 Deg. C) - 9/30/2016 30 36.48 Monthly Average Exceeded Concentration (C0310) 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. 1437215.6A, 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 610 East Center Avenue, Suite 301, Mooresville, NC 28115 704-663-1699 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 _a.mview 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: http://portal.ncdenr.orci/web/wq/admin/bog/ipu/edmr. If you have any questions concerning this matter or toapply for an SOC, please contact Wes Bell of the Mooresville Regional Office at 704-663-1699. Sincerely, W. Corey Basinger, Regional Supervisor Water Quality Regional Operations Section MooresvilleRegional Office' Division of Water Resources, NCDEQ Cc: WQS Mooresville Regional Office - Enforcement File -NPDES Compliance/Enforcement Unit = Enforcement File State of North Carolina I Environmental Quality I Water Resources 610 East Center Avenue, Suite 301, Mooresville, NC 28115 704-663-1699