NC0026697_NOV2017MV0117_20170517

Water Resources
ENVIR4!MENTAL OUALFTY
Certified Mail # 7015 1520 0003 5463 4088
Return Receipt Reguested
May 24, 2017
Jason Scott Waldroup
Clay County Water & Sewer District
PO Box 838
Hayesville, NC 28904
SUBJECT: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY
Tracking Number: NOV-2017-MV-0117
Permit No. NCO026697
Clay County WWTP
Clay County
Dear Permittee:
ROY COOPER*
Gcmraar
MIC14AEL S. REGAIN
sCCl eary
S. JAY ZIMMIERMAN
[irec tar
RECEIVEDINCDEQIDWR
MAY 3 0 20117
pi n tting section
A review of the December 2016 Discharge Monitoring Report (DMR) for the subject facility revealed the
violation(s) indicated below:
Monitoring Violation(s):
Sample
Location Parameter
001 Effluent Nitrogen, Total - Concentration
(C0600)
001 Effluent Phosphorus, Total (as P) -
Concentration (C0665)
Monitoring
Date Frequency
12/31/2016 Semi-annually
12/31/2016 Semi-annually
Type of Violation
Frequency Violation
Frequency Violation
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 day 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.
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 - Enforcement File
NPDES Compliance/Enforcement Unit - Enforcement File
G:\WR\WQ\Clay\Wastewater\Municipal\Clay County WWTP 26697\NOV-NOI-2017-MV-0117.rtf