NC0041696_NOV2017PC0280_20170517

f1i
Wa ter Resources
FNMR0T4Hf-4TAL QUALITY
Certified Mail # 70161370 0001 65719284
Return Receipt Requested
May 18, 2017
Seth Eckard
Town of Valdese
PO Box 339
Valdese, NC 28690
SUBJECT: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY
Tracking Number: NOV-2017-PC-0280
Incident Number: 201700592
Permit No. NCO041696
Lake Rhodhiss WWTP
Burke County
Dear Permittee:
ROY COOPER
VUf
MICHAEL S', REGAN
S. JAY ZIMMERMAN
pirraor
,NCDEUDWR
MAY 302017
water Quality
on
Permitting
The North Carolina Division of Water Resources conducted an inspection of the Lake Rhodhiss WWTP on April 25,
2017 in response to a bypass that occurred on April 24, 2017. This inspection was conducted to verify that the
facility is operating in compliance with the conditions and limitations specified in NPDES WW Permit No.
NC0041696.
The inspection was conducted by Linda Wiggs from the Asheville Regional Office. The following violation(s) were
noted:
Inspection Area Description of Violation
Operations & Maintenance A bypass of approximately 15,300 gallons occurred from the discharge line of primary
clarifier #1.
Permit Sections Violated
Part II. Section B.2 Duty to Mitigate: The Permittee shall take all reasonable steps to minimize or prevent any
discharge or sludge use or disposal in violation of this permit with a reasonable likelihood of
adversely affecting human health or the en vironment [40 CFR 122 41(d)]
Part II. Section C.2 Proper Operation and Maintenance: The Permittee shall at all times properly operate and
maintain all facilities and systems of treatment and control (and related appurtenances) which
are installed or used by the Permittee to achieve compliance with the conditions of this permit.
Part II. Section CA.c.1 Bypass from the treatment facility is prohibited and the Permit Issuing Authority may take
enforcement action against a Permittee for bypass
State of North Carolina I Environmental Quality I Water Resources
2090 U.S. 70 Highway, Swannanoa, NC 28778
828-296-4500

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 you wish to provide additional information regarding the noted violation, request technical assistance, or
discuss overall compliance please respond in writing within ten X10) business days after receipt of this Notice..
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, 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. Prior notice should be given for anticipated
or potential problems due to planned maintenance activities, taking units off-line, etc.
If you should have any questions, please do not hesitate to contact Linda Wiggs with the Water Quality
Regional Operations Section in 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: Greg Padgett, ORC
WQS Asheville Regional Office - Enforcement File
NPQES Compliance/Enforcement Unit - Enforcement File
G:\WR\WQ\Burke\Wastewater\Municipal\Valdese WWTP 41696\April 25, 2017 visit\NOV-2017-PC-0280. Bypass. rtf
State of North Carolina I Environmental Quality I Water Resources
2090 U.S. 70 Highway, Swannanoa, NC 28778
828-296-4500