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HomeMy WebLinkAboutNC0025381_NOV2017 MV 0058, 0059, LV0265_20170424Certified Mail # 7015 1520 0003 5463 4521 Return Receipt Requested April 24, 2017 Ron Nalley, Town Manager RECEIVEDUDENWR Town of Lake Lure PO Box 255 APR 2.8 2017 Lake Lure, NC 28746-0255 Water Quality Permitting` Section SUBJECT: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY Tracking Number: NOV-2017-MV-0058, NOV-2017-LV-0265, NOV-2017-MV-0059 Permit No-. NCO025381 Lake Lure WWTP Rutherford County Dear Permittee: A review of the December 2016, January 2017 & February 2017 Discharge Monitoring Reports (DMR) for the subject facility revealed theviolation(s) indicated below: Monitorina Violation(s): (NOV-2017-MV-0058 Sample Monitoring Location Parameter Date Frequency Type of Violation 001 Effluent Nitrogen, Total - Concentration 12/31/2016 Semi-annually Frequency Violation (C0600) 001 Effluent Phosphorus, Total (as P) - 12/31/2016 Semi-annually Frequency Violation Concentration (C0665) Limit Exceedance Violation(s): (NOV-2017-LV-0265 Sample Location Parameter Limit Reported Date Value Value Type of Violation 001 Effluent Solids, Total Suspended - 1/7/2017 45 60 Weekly Average Exceeded Concentration (CO530) 001 Effluent Solids, Total Suspended - 1/31/2017' 30 35 Monthly Average Exceeded Concentration (CO530) State of North Carolina I Environmental Quality I Water Resources 2090 U.S. 70 Highway, Swannanoa, NC 28778 828-296-4500 Sample Monitoring Location Parameter Date Frequency Type of Violation'.,,,. 001 Effluent Coliform, Fecal MF, MFC Broth; 2/4/2017 3 X week Frequency Violation 44.5 C (31616) 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. If,ybu'-: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'ofy6ur 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 fio.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. 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 Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDEQ Cc: WQS Asheville Regional Office-- Enforce I ent File NPDES Compliance/Enforcement Unit - Enforcement File Byers Environmental/ ORC G:\WR\WQ\Rutherford\Wastewater\Municipal\Lake Lure WWTP 25381\NOV-NOI-2017-0058-0059-LV-0265.rtf