WQ0002829_Signed_Signature Request_20190409

ROY COOPER
60verrlor
K4ICHAEL S. REGAN
Secretary
LINDA CULPEPPER
r'rwor
Certified Mail # 7018 0360 0001 9842 8003
Return Receipt Requested
George E Goodrich
KDHWWTP, LLC
PO Box 3629
Kill Devil Hills, NC 27948
NORTH CAROLINA
Environmental Quality
April 9, 2019
SUBJECT: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY
Tracking Number: NOV-2019-LV-0257
Permit No. WQ0002829
KDHWWTP
Dare County
Dear Mr. Goodrich:
A review of the September 2018 Ground Water Monitoring Report (GW59) 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
CW-C Nitrogen, Nitrate Total (as N)
9/30/2018
10
32.3
Limit Exceeded
(00620)
CW-F Nitrogen, Nitrate Total (as N)
9/30/2018
10
14.1
Limit Exceeded
(00620)
CW-G Nitrogen, Nitrate Total (as N)
9/30/2018
10
20.6
Limit Exceeded
(00620)
North Caro rs Department of Erv:r:.r. msnts 'bus ty I D v.sor. of Water Faso4rces
Wash rgton Raflona-Offce 1943 Wask rflton Square his:: I Wash'r.gtor, North Cero :ra 27589
�v_.�n.cun x.
�'�" °! 752$46-64a 1

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.
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 252-946-6481.
Sincerely,
ROW T""
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
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.gtar, North %sro :ra 27589
e `,. 252*46-6481

ROY COOPER
60verrlor
K4ICHAEL S. REGAN
Secretary
LINDA CULPEPPER
r'rwor
Certified Mail # 7018 0360 0001 9842 8027
Return Receipt Requested
George E Goodrich
KDHWWTP, LLC
PO Box 3629
Kill Devil Hills, NC 27948
NORTH CAROLINA
Environmental Quality
April 9, 2019
SUBJECT: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY
Tracking Number: NOV-2019-LV-0258
Permit No. WQ0002829
KDHWWTP
Dare County
Dear Mr. Goodrich:
A review of the January 2019 Ground Water Monitoring Report
(GW59) 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
CW-C Nitrogen, Nitrate Total (as N)
1/31/2019
10
15.4
Limit Exceeded
(00620)
CW-F Nitrogen, Nitrate Total (as N)
1/31/2019
10
12.6
Limit Exceeded
(00620)
CW-G Nitrogen, Nitrate Total (as N)
1/31/2019
10
15.5
Limit Exceeded
(00620)
North Caro rs Department of Erv:r:.r. msnts 'qua ty I D v.sor. of Water Faso4rces
Wash rgton Raflona-Offce 1943 Wask rflton Square his:: I Wash'r.gtor, North Cero :ra 27589
�v_.�n.cun x.
�'�" °! 752$46-64a 1

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.
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 252-946-6481.
Sincerely,
Ro" T""
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
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.gtar, North %sro :ra 27589
e `,. 252*46-6481