NC0031879_NOV2016MV0011_20160116

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Certified Mail # 7014 0510 0000 4466 7690
Return Receipt Requested
January 14, 2016
Robert J Boyette, City Manager
City of Marion RECEIVEDINCDEQ/DWR
PO Drawer 700 JAN 2 8 2016
Marion, NC 28752
Water Quality
Permitting Section
SUBJECT: NOTICE OF VIOLATION &INTENT TO ASSESS CIVIL PENALTY
Tracking Number: NOV-2016-MV-0011
Permit No. NCO031879
Corpening Creek WWTP
McDowell County
Dear Permittee:
4 review of the September 2015 Discharge Monitoring Report (DMR) for the subject facility revealed the
/iolation(s) indicated below:
Monitoring Violation(s):
Sample Monitoring
Location Parameter Date Frequency Type of Violation
001 Effluent Copper,Total (as Cu) (01042) 9/30/2015 Quarterly Frequency Violation
001 Effluent Mercury, Total (asHg) - 9/30/2015 Quarterly Frequency Violation
Concentration (COMER)
001 Effluent Silver,Total (as Ag) (01077) 9/30/2015 Quarterly Frequency Violation
001 Effluent Zinc, Total (as Zn) (01092) 9/30/2015 Quarterly Frequency Violation
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k Notice of Violation/Intent to Issue Civil Penalty is being issued for the noted violation of North Carolina General
>tatute (G.S.) 143-215.1 and the facility's NPDES Permit. Pursuant to G.S. 143-215.6A, a civil penalty of not
nore than twenty-five thousand dollars ($25,000.00) may be assessed against any person who violates or fails
o act in accordance with the terms, conditions, or requirements of any permit issued pursuant to G.S.
.43-215.1.
State of North Carolina I Environmental Quality I Water Resources
2090 U.S 70 Highway,Swannanoa,NC 28778
828-2964500

If you wish to provide additional information regarding the noted violation, request technical assistance, or
discus-q 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:
http://portal.ncdenr.org/web/wg/admin/bog/ipu/edmr.
If you have any questions concerning this matter or to apply for an SOC, please contact Janet Cantwell of the
Asheville Regional Office at 828-296-4500.
Sincerely,
G. Landon Davidson, P.G., Regional S ervisor
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
`WR\WQ\McDowell\Wastewater\Municipal\Corpening Creek WWTP 31879\NOV-NOI-2016-MV-0011 rtf