WQ0002829_NOV-2019-LV-0220 NOI_20190326

Strickland, Bev
From: Tankard, Robert
Sent: Tuesday, March 26, 2019 1:55 PM
To: Toppen, Sarah A
Subject: RE: KDHWWTP Signature Requested
Attachments: Signed-KDHWWTP Signature Requested.pdf
I have signed the document using DocuSign and attached it to this email.
Thanks!
Robert
From: Toppen, Sarah A
Sent: Tuesday, March 26, 2019 1:02 PM
To: Tankard, Robert <[e-mail]>
Subject: KDHWWTP Signature Requested
Importance: High
Sarah A Toppen
Environmental Specialist
Division of Water Resources
Water Quality Regional Operations
252-948-3845 office
Sarah. Toppen a-ncdenr.gov Email
943 Washington Square Mall
Washington NC 27889
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties
1

ROY COOPER
60verrlor
K4ICHAEL S. REGAN
Secretary
LINDA CULPEPPER
rlrwor
Certified Mail # 7018 2290 0001 8043 7477
Return Receipt Requested
George E Goodrich
KDHWWTP, LLC
PO Box 3629
Kill Devil Hills, NC 27948
NORTH CAROLINA
Environmental Quality
March 26, 2019
SUBJECT: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY
Tracking Number: NOV-2019-LV-0220
Permit No. WQ0002829
KDHWWTP
Dare County
Dear Mr. Goodrich:
A review of the November 2018 Non -Discharge Monitoring Report (NDMR) 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
002 Nitrogen, Total (as N) (00600) 11/30/2018 7 9.6 Monthly Average Exceeded
002 Phosphorus, Total (as P) 11/30/2018 3 4.4 Monthly Average Exceeded
(00665)
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 Non -discharge 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.
North Caro rs Department of Erv:r:.r. msnts Qua ty I D v.sor. of Water Faso4rces
Wash rgton Reflona-Offce 1 943 Wask rflton Swsre his:: I Wash'r.gtor, North Cero :ra 27589
�`� ° 252 *46-64B 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.
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 14 in Section IV, 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 Sarah Toppen of the
Washington Regional Office at 252-948-3845.
Sincerely,
RoW Te-44m4l
Robert Tankard, Assistant Regional Supervisor
Water Quality Regional Operations Section
Washington Regional Office
Division of Water Resources, NCDEQ
Cc: WQS Washington Regional Office - Enforcement File
NON -DISCHARGE Compliance/Enforcement Unit - Enforcement File
NorthC:aro raDspartm2ntofErvror.rrsrta .6_= t•.. I Dvs=• _=.'_:_�Faso4rces
Wash:ngtan Regom DtrDe I S43 Wask rfltor Square Wa- I V. a=r gnr. North {'aro!:rts 27339

ROY COOPER
60verrlor
K41CHAEL S. REGAN
Secretary
LINDA CULPEPPER
Pirwor
Certified Mail # 7018 2290 0001 8043 7484
Return Receipt Requested
George E Goodrich
KDHWWTP, LLC
PO Box 3629
Kill Devil Hills, NC 27948
NORTH CAROLINA
Environmental Quality
March 26, 2019
SUBJECT: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY
Tracking Number: NOV-2019-LV-0222
Permit No. WQ0002829
KDHWWTP
Dare County
Dear Mr. Goodrich:
A review of the December 2018 Non -Discharge Monitoring Report (NDMR) 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
002 Nitrogen, Total (as N) (00600) 12/31/2018 7 13.5 Monthly Average Exceeded
002 Phosphorus, Total (as P) 12/31/2018 3 3.58 Monthly Average Exceeded
(00665)
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 Non -discharge 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.
North Caro rs Department of Erv:r:.r. msnts Qua ty I D v.sor. of Water Faso4rces
Wash rgton Reflona-Offce 1 943 Wask rflton Swsre his:: I Wash'r.gtor, North Cero :ra 27589
�`� ° 252 *46-64B 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.
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 14 in Section IV, 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 Sarah Toppen of the
Washington Regional Office at 252-948-3845.
Sincerely,
14444TA414 .d
Robert Tankard, Assistant Regional Supervisor
Water Quality Regional Operations Section
Washington Regional Office
Division of Water Resources, NCDEQ
Cc: WQS Washington Regional Office - Enforcement File
NON -DISCHARGE Compliance/Enforcement Unit - Enforcement File
NorthC:aro raDspartm2ntofErvror.rrsrta .6_= t•.. I Dvs=• _=.'_:_�Faso4rces
Wash:ngtan Regom DtrDe I S43 Wask rfltor Square Wa- I V. a=r gnr. North {'aro!:rts 27339