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HomeMy WebLinkAboutNC0068918_NOV and Intent to Assess_20190221 CERTIFIED MAIL #: 7017 2620 0000 9759 6623 RETURN RECEIPT REQUESTED February 21, 2019 Randolph Cooper, Manager Cedar Beach RWC Commercial, LLC. 109 River Landing Dr, Suite 100-B Daniel Island, SC 29492 SUBJECT: Notice of Violation & Intent to Issue Civil Penalty Tracking Number: NOV-2019-PC-0116 Permit Condition Violations Permit No. NC0068918 A review has been conducted of the information provided by RPB Systems Inc. on February 14th and February 21, 2019 and subsequent actions taken by the Permittee, Cedar Beach Investments Group, LLC. (Cedar Beach RWC Commercial, LLC. Randolph Cooper- Manager) regarding the Cedar Hill WWTP, NPDES Permit No. NC0068918. The Division’s Asheville Regional Office (ARO) concludes that the permittee violated Permit Conditions Part II.B.1 and II.C.7 by failing to comply with all permit conditions and failing to maintain adequate safeguards to prevent the discharge of untreated or inadequately treated wastes. The specific incident cited in the violation includes the following: Cedar Hill WWTP’s permanent power source was shut-off on 02/14/2019 due to no payment. As of 02/21/2019, the facility was still without permanent power. Generator propane fuel levels were at 15% on 2/14/2019 and as of 02/21/2019 additional propane had not been made available for refueling. This Notice of Violation/Notice of Intent to Enforce (NOV/NOI) 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 $25,000.00 may be assessed against any person who violates or fails to act in accordance with terms, conditions or requirements of any permit issued pursuant to G.S. 143- 215.1. Please submit a written response to this Notice of Violation. Your response is to be received by the regional office within 10 business days following receipt of this violation. The submittal will be considered in determining whether the Division will assess a civil penalty for the cited violations. DocuSign Envelope ID: D9869434-82E5-4A95-9338-50858D638AC2 If you have any questions, please do not hesitate to contact Mikal Willmer with the Water Quality Section in the Asheville Regional Office at (828) 296-4686 or via email at mikal.willmer@ncdenr.gov. Sincerely, G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDEQ EC: WQS-ARO Server LF DocuSign Envelope ID: D9869434-82E5-4A95-9338-50858D638AC2