NC0030325_NOV2015PC0249_20150915

l Notice of Violation and Recommendation for Enforcement
September 17,2015
Page 3 of 3
3040, 33 USC 1314, of the CWA (as amended), and 40 CFR 136; or in the case of sludge use or disposal, approved
under 40 CFR 136, unless otherwise specified in 40 CFR 503, unless other test procedures have been specified in
this permit[40 CFR 122.41].
To meet the intent of the monitoring required by this permit, all test procedures must produce minimum detection
and reporting levels that are below the permit discharge requirements and all data generated must be reported down
to the minimum detection or lower reporting level of the procedure. If no approved methods are determined capable
of achieving minimum detection and reporting levels below permit discharge requirements, then the most sensitive
(method with the lowest possible detection and reporting level) approved method must be used.
A Notice of Violation/Notice of Recommendation for Enforcement(NOV/NRE) is being issued for the noted
violation of North Carolina General Statute (G.S.) 143-215.1 and NPDES Permit No.NCO030325 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(s), request
technical assistance, or discuss overall compliance please respond in writing within ten (10) days after receipt of this
Notice. A review of your response will be considered along with any information provided on the April,May and
June 2015 Discharge Monitoring Reports.
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, if not already implemented, should be taken to correct any problems. The Division of Water
Resources may pursue enforcement actions for this and any additional violations. 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.
If you have questions concerning this matter, please do not hesitate to contact me at(336) 776-9800.
Sincerely,
W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources,NCDENR
cc: Mr. Gale D. Howell—283 Ernest Howell Rd., West Jefferson,NC 28694 g
NPDES Permitting—Charles Weaver
WSRO Files