NC0031879_NOV2016LV0491_20160916

Certified Mail # 7014 0510 0000 4466 4651
Return Receipt Requested
September 6, 2016
J Robert Boyette, City Manager
City of Marion
PO Drawer 700
Marion, NC 28752
J
SUBJECT: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY
-Tracking Number: NOV-2016-LV-0491
Permit No. NCO031879
Corpening Creek WV TP .
McDowell County
Dear Permittee:
RECEIVE®INCGEUaIM. .
SEP 13 2010
Water Quality
PerrniriilIg Section
A review of the Auril 2016 Discharge Monitoring Report (DMR) for the subject facility revealed the violation(s)
indicated below:
Limit Exceedance Violation(s):
Sample
Location Parameter
Limit Reported
Date Value Value Type of Violation
001 Effluent Nitrogen, Ammonia Total (as 4/2/2016 4.2 14.6 Weekly Average Exceeded
N) - Concentration (C0610)
001 Effluent Nitrogen, Ammonia Total (as 4/9/2016 4.2 12.54 Weekly Average Exceeded
N) - Concentration (C0610)
001 Effluent Nitrogen, Ammonia Total (as 4/30/2016 1.4 3.93 Monthly Average Exceeded
N) - Concentration (C0610)
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.
State of North Carolina I Environmental Quality i Water Resources
2090 U.S. 70 Highway, Swannanoa, NC 28778
828-296-4500

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.
Please refer to the latest letter titled "Electronic Reporting Requirements" dated March 31, 2016, concerning_
registering to use the Division's new a -DMR system for the completion and electronic submittal of monthly
Discharge Monitoring Reports (DMRs).
Your facility will be required to report your Discharge Monitoring Reports electronically by December 21, 2016.
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,
r
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
G:\WR\WQ\McDowell\Wastewater\Municipal\Corpening Creek M7 31879\NOV-NOI-2016-LV-0491.rtf