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HomeMy WebLinkAboutNC0042358_NOV2017MV0016_20170217Certified Mail # 7015 1520 0003 5463 1728 Return Receipt Requested RECEIVEDUDEQIDN February 1, 2017 FEB 0.9 2017 Larry Lehning 'WaterQuality PerMitting Section Adams Apple Homeowners Association Inc 1208 Kelty Ct Cary, NC 27511 SUBJECT: NOTICE OF VIOLATION & INTENT TO AS CIVIL PENALTY Tracking Number: NOV-2017-MV-0016 Permit No. NCO042358 Adams Apple Condominiums WWTP Avery County Dear Permittee: A review of the August 2016 Discharge Monitoring Report (DMR) for the subject facility revealed the violation(s) indicated below: Monitoring Violationfs): Sample Location Parameter Monitoring Date Frequency Type of Violation 001 Effluent Temperature, Water Deg. (Week ending 8/06/2016) 5 X week Frequency Violation Centigrade (00010) 001 Effluent Temperature, Water Deg'. (Week ending 8/13/2016) 5 X week Frequency Violation Centigrade (00010) 001 Effluent Temperature, Water Deg. (Week ending 8/20/2016) 5 X week- Frequency Violation Centigrade (00010) 001 Effluent Temperature, Water Deg. (Week ending 8/27/2016) 5 X week Frequency Violation Centigrade (00010) 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 da res 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. 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. If you have any questions concerning this matter, please contact Janet Cantwell of the Asheville Regional Office at 828-296-4500. Sincerely, 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, WQ Lab & Operations/ ORC G:\WR\WQ\Avery\W,astewater\Minors\Adams Apple Condo 42358\NOV-NOI-2017-MV-0016.rtf