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HomeMy WebLinkAboutNC0021491_NOV2018LV0049_20180118Water Resources JENWRONME"TAL QUALM Certified Mail # 70131710000218657188 Return Receipt Requested January 12, 2018 Will Marklin, Mayor Town of Mocksville 171 S Clement St Mocksville, NC 27028 SUBJECT: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY Tracking Number: NOV-2018-LV-0049 Permit No. NCO021491 Dutchman Creek WWTP Davie County Dear Permittee: ROY COOPER Gowwr° XIICHAE.L 5_ BEGAN &A.r" AVY LINDA OI_LPEPPER tri Dlrar'trsa` A review of the October 2017 Discharge Monitoring Report (DMR) for the subject facility revealed the violation(s) indicated below: Limit Exceedance Violation(s): Sample Location Parameter Limit Reported Date Value Value Type of Violation 001 Effluent BOD, 5 -Day (20 Deg. C) - 10/28/2017 7.5 9.67 Weekly Average Exceeded Concentration (C0310) 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 WW 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 (10) business days after receipt of this Notice. A review of your response will be considered along with any information provided on the submitted 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. State of North Carolina Environmental Quality I Water Resources 450 West Hanes Mill Road, Suite 300, Winston-Salem, NC 27105 336-776-9800 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. In addition to the above described limit violations, the following Permit Condition violation has occurred: Permit Condition 6 in Section E. requires that the Permittee 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. The Winston-Salem Regional Office was not notified as required for the above limit violations. This is a repeat violation which was also noted in an NOV dated August 11, 2017. Failure to notify the Regional Office may result in additional enforcement actions. If you have any questions concerning this matter or to apply for an SOC, please contact Patrick Mitchell of the Winston-Salem Regional Office at 336-776-9800. Sincerely, Sherri V. Knight, PE — Regional Supervisor Water Quality Regional Operations Section Winston-Salem Regional Office Division of Water Resources, NCDEQ cc: WQS Winston-Salem Regional Office - Enforcement File NPDES Compliance/Enforcement Unit - Enforcement File State of North Carolina I Environmental Quality I Water Resources 450 West Hanes Null Road, Suite 300, Winston-Salem, NC 27105 336-776-9800