NC0021733_NOV2017MV0045_20170317

Certified Mail # 7015 1520 0003 5463 3227
Return Receipt Requested -
March 28, 2017
Lawrence Ponder, Mayor
Town of Marshall
PO Box 548
Marshall, NC 28753-0548
SUBJECT: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY
Tracking Number:. NOV-2017-MV-0045
Permit No. NCO021733
Marshall WWTP
Madison County
Dear Permittee:
RECEIIIEgjNCDEQIDWR
MAR S 1 2011
WateiQuahly.
Pending Seu4aor
A review of4he-ember-2016-.Dischar e_Monitorin _Re ort:.cD. M_ -.f.o.r the s_u,b.,,e.ct faclli_✓.revealed the -
AR
violation(s) indicated below:
Monitorina Violation(s):
Sample
Monitoring
Location Parameter
Date Frequency Type of Violation
001 Effluent Nitrogen, Total - Concentration
9/30/2016 Quarterly Frequency Violation
(C0600)
001 Effluent Phosphorus, Total (as P) -
9/30/2016 Quarterly Frequency Violation
Concentration (C0665)
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 107day.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.
If you have any questions concerningthis 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 Supervisor
Water Quality Regional Operations Section
Asheville Regional Office
Division ,o Water�Resources NCDE
Q..
Cc: WQS Asheville Regional Office - Enforcement File
NPDES Compliance/Enforcement Unit - Enforcement File
Byers Environmental/ ORC
G:\WR\WQ\Madison\Wastewater\Munidpai\Marshall WWTP 21733\N0V-N01-2017-MV-0045.rtf