WQ0035207_NOI NOV-2018-DV-0288_20181012

North Carolina Department of Environmental Quality | Division of Water Resources

CERTIFIED MAIL: # 7017 2620 0000 9759 6074
RETURN RECEIPT REQUESTED

October 12, 2018

Robert N. Roth, Technical Services Manager
Synagro Central, LLC
284 Boger Road
Mocksville NC 27028

SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY
Tracking No.: NOV-2018-DV-0288
Unauthorized Residuals Discharge
Permit No. WQ0035207
Town of Franklin Water Treatment Plant
Macon County

Dear Permittee:

A review has been conducted of the self-reported Class A residuals spill 5-Day Report submitted by you on October
5th, 2018. The Division’s Asheville Regional Office concludes that Synagro Central violated Permit Condition II (1)
of Permit No. WQ0035207 by failing to effectively maintain and operate the residuals management program so
that there is no discharge to surface waters. And the discharge constituted making an outlet to waters of the
State for purposes of G.S. 143-215.1(a)(1), for which a permit is required by G.S. 143-215.1.

The Asheville Regional Office is providing Synagro Central an opportunity to provide evidence and justification as to
why Synagro should not be assessed a civil penalty for the violation(s) that are summarized below:

During a land application event at the Town of Franklin Water Treatment Plant, an operator was mixing sludge in a
lagoon to prepare for distribution. After the spreader tank was full, the operator engaged the power takeoff (PTO)
to continue mixing the lagoon. The operator forgot to switch the valve from loading to mixing and when the PTO
was engaged, approximately 800 gallons of sludge spilled onto the ground. Approximately 100 gallons of sludge
entered a storm drain and discharged to surface waters.
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North Carolina Department of Environmental Quality | Division of Water Resources

This Notice of Violation / Notice of Intent to Enforce (NOV/NOI) is being issued for the noted violation. 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.

This office requests that you respond to this Notice, in writing, within 10 business days of its
receipt. In your response, you should address the causes of non-compliance, remedial actions, and all other
actions taken to prevent the recurrence of similar situations. The response to this correspondence will be
considered in this process. Enforcement decisions will also be based on volume spilled, volume reaching surface
waters, duration and gravity, impacts to public health, fish kills or recreational area closures. Other factors
considered in determining the amount of the civil penalty are the violator’s history of non-compliance, the cost of
rectifying the damage, whether the spill was intentional and whether money was saved by non-compliance.

If you have any questions, please do not hesitate to contact Beverly Price with the Water Quality Section in the
Regional Office at [phone] or via email at [e-mail].

Sincerely,

G. Landon Davidson, P.G., Regional Supervisor
Water Quality Regional Operations Section
Asheville Regional Office
Division of Water Resources, NCDEQ

Ec: Patrick Mitchell, WSRO
ARO WQS Server
LF

G:\WR\WQ\Macon\Wastewater\Non-discharge\Town of Franklin WTP\Synagro WQ0035207 - WSRO\20181012_WQ0035207_NOVNOI2018DV0288.rtf
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