NC0032115_NOV2015LV0657_20151015

North Carolina Department of Environmental Quality
Pat McCrory Donald R.van der Vaart
Governor Secretary
October 16,-2015
CERTIFIED MAIL RECEIVED/DENRIT)KIR
RETURN RECEIPT REQUESTED 7014 0510 0000 4466 8611 OCT ,2 2, ?615
Mr. Rick Owen, Town Manager Water Quality
Town of Banner Elk Permittinq Section
P.O. Box 2049
Banner Elk,North Carolina 28604-2049
Subject: Notice ofViolation and
Notice of Intent to Enforce
Tracking#: NOV-2015-LV-0657
Banner Elk WWTP-
NPDES Permit No.NCO032115
Avery County
Dear Mr. Owen:
A review of the May 2015 self-monitoring report for the subject facility revealed a violation of the
following parameter:
Date Outfall Parameter Reported Value Permit Limit
05/31/2015 001 Ammonia Nitrogen 5.42 mg/L 4.5 mg/L
A Notice of Violation/Notice of Intent to Enforce (NOV/NOI) is being issued for the noted violation of
North Carolina General Statute (G.S.) 143-215.1 and NPDES Permit No.NC0032115. 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) days after
receipt of this Notice. A review of your response will be considered along with any information provided on
the May 2015 Discharge Monitoring Report. 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.
Water Quality Regional Operations—Asheville Regional Office
2090 U.S.Highway 70,Swannanoa,North Carolina 28778
Phone: [phone] FAX: [phone]
Internet: http://portal.ncdenr.org/webtwq
An Equal Opportunity/Affirmative Action Employer

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Mr. Rick Owen
October 16, 2015 j
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Remedial actions, if not already implemented, should be taken to correct any problems. The Division of I
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
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construction activities, then you may wish to consider applying for a Special Order by Consent. You may
contact this office for additional information. !
If you have questions concerning this matter, please do not hesitate to contact Janet Cantwell or
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me at 828/296-4500.
Sincerely,
G. Landon Davidson, P.G.,Regional Supervisor
Water Quality Regional Operations,NCDEQ
Asheville Regional Office
cc: WQ Asheville Files
MSC 1617-Central Files-Basement _
WQ Enforcement%NPDES Point Source Branch
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