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HomeMy WebLinkAboutNC0083658_NOV and Intent to Assess_20180605 DocuSign Envelope ID 62074D54-8DDD-4D31-9174-641BOFF4D713 ROY COOPER ^ti G171'617207 MICHAEL S_REGAN Secreicry Water Resources LN3D A CL;LPEPPER Gh1VNIOtMENT M.QIJAUTY interim Damar Cerrtified Mail # 7017 0190 0000 9534 4165 Return Receipt Requested June 5, 2018 Paul M Heim Daikin Applied Americas Inc 13600 Industrial Park Blvd Minneapolis, MN 55441 RECEIVED/DENR/DWR SUBJECT: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY JUN 2018 Tracking Number: NOV-2018-LV-0403 Permit No. NC0083658 Water resources HeatCraft Groundwater Remediation Site Permitting Section New Hanover County Dear Permittee: A review of the April 2018 Discharge Monitoring Report (DMR) for the subject facility revealed the violation(s) indicated below: Limit Exceedance Violation(s): Sample Limit Reported Location Parameter Date Value Value Type of Violation 001 Effluent Trichloroethene (78391) 4/23/2018 3 14.6 Daily Maximum Exceeded 001 Effluent Trichloroethene (78391) 4/30/2018 3 7.3 Monthly Average Exceeded In addition, per the permit parameters required to be sampled 2x/month are required to be sampled at least ten (10) days apart. In this case, the samples were collected only four (4) days apart. 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 I Environmental Quality I Water Resources 127 Cardinal Drive Extension,Wilmington,North Carolina 28405 910-796-7215 DocuSign Envelope ID 62074D54-8DDD-4D31-9174-641BOFF4D713 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 Dean Hunkele of the Wilmington Regional Office at 910-796-7215. Sincerely, [ DocuSigned by. iLL& Sav ,v5 64 E3ABA14AC7DC434 Morella Sanchez King, Acting Regional Supervisor Water Quality Regional Operations Section Wilmington Regional Office Division of Water Resources, NCDEQ Cc: Raymond Roblin, CORR Environmental Resources 4609 Candlestick Dr Garland, Tx 75043 • WQS Wilmington Regional Office - Enforcement File NPDES Compliance/Enforcement Unit • State of North Carolina I Environmental Quality I Water Resources 127 Cardinal Drive Extension,Wilmington,North Carolina 28405 910-796-7215