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HomeMy WebLinkAboutNC0048658_NOV and Intent to Assess_20190109 ROY COOPER trtitGovernor ill" . Seo envy MICHAEL S. REGAN LINDA CULPEPPER • NORTH CAROLINA DireUa Environmental Quality January 9, 2019 CERTIFIED MAIL 7015 0640 0007 9833 5882 -RETURN RECEIPT REQUESTED Mr.Aubrey Deaver A&D Water Service, Inc. P.O. Box 1407 Pisgah Forest, NC 28768-1407 Subject: Notice of Violation and Recommendation for Enforcement Missing Discharge Monitoring Reports (DMRs) - Failure to submit data electronically Dear Mr. Deaver: A review of the Division's database which tracks the monthly submittal.of Discharge Monitoring Reports (DMRs) revealed that several DMRs from your permitted facilities were not submitted. Furthermore, your organization has not been submitting DMR data electronically via the Division's eDMR system, as required by your NPDES permits. Specific permit violations are listed in the following paragraphs. Permit NC0048658/Sherwood Forest WWTP/Transylvania County ➢ October 2018 DMR was not submitted. ➢ Electronic submission of DMR data was required effective May 1, 2016. To date, no eDMR submissions have been made. Permit NC0059421/Sapphire Lakes Plant WWTP#1/Transylvania County > October 2018 DMR was not submitted. > Electronic submission of DMR data was required effective September 1, 2017. To date, no eDMR submissions have been made. Permit NC0059439/Sapphire Lakes Plant WWTP#2/Transylvania County D. October 2018 DMR was not submitted. ➢ Electronic submission of DMR data was required effective December 1, 2017. To date, no eDMR submissions have been made. . Permit NC0067288/Hunter's Glen WWTP/Henderson County > August 2018 and October 2018 DMRs were not submitted. > Electronic submission of DMR data was required effective November 1, 2016. To date, no eDMR submissions have been made. £�Q North Carolina Department of Environmental Quality I Division of Water Resources 1617 Mail Service Center I Raleigh,North Carolina 27699-1617 919-707-3712 A&D Water Service DMR issues Page 2 of 2 Permit NC0073741/Mountain Valley WWTP/Henderson County > August 2018 and October 2018 DMRs were not submitted. > Electronic submission of DMR data was required effective September 1, 2016. To date, no eDMR submissions have been made. Permit NC0089095/High Vista Falls WWTP/Henderson County > August 2018 and October 2018 DMRs were not submitted. > Electronic submission of DMR data was required effective August 1, 2016. To date, no eDMR submissions have been made. Based upon the above facts, I conclude as a matter of law that A&D Water Service, Inc. violated or failed to act in accordance with the requirements of its NPDES Permits and G.S. 143- 215.65. A civil penalty of not more than$25,000.00 per violation may be assessed against a person who fails to file, submit, or make available any documents, data, or reports required by G.S. 143-215.65. The State's enforcement costs in this matter may be assessed pursuant to G.S. 143-215.3(a) (9) and G.S. 143-282.1(b) (8). To prevent the assessment of civil penalties for these and any future violations, you must: > Submit the missing DMR data for the permits listed above, no later than January 31, 2019. The data must be submitted via the eDMR system and via hard copy. > Submit DMR data via the eDMR system [as well as paper DMRs] for all of your NPDES permits. If the January 2019 DMR data [due no later than February 28, 2019] for any of your permits is not submitted electronically, the Division may assess a civil penalty. If you have questions concerning this matter, contact Charles H. Weaver at 919-707-3616, or via email [charles.weaver@ncdenr.gov]. (Srin -rely, "-Th iy i Linda Culpepper, D' or Division of Water Resources cc: NPDES permit files Central Files