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HomeMy WebLinkAboutNC0086436_NOV and Intent to Assess_20190813DocuSign Envelope ID: EEC2627E-A616-49AB-9F07-9E5EC13AAE18 ROY COOPER 60ver46T K4ICHAEL S. REGAN Secretary LINDA CULPEPPER Pirwor Certified Mail # 7019 0700 0000 8867 5862 Return Receipt Reauested Clark Wyatt Buncombe County Schools 175 Bingham Rd Asheville, NC 28806 NORTH CAROLINA Environmental Quality August 13, 2019 SUBJECT: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY Tracking Number: NOV-2019-LV-0602 NOV-2019-LV-0603 Permit No. NCO086436 Cane Creek Elementary School Buncombe County Dear Permittee: A review of the May 2019 Discharge Monitoring Report (DMR) for the subject facility revealed the violation(s) indicated below: Limit Exceedance Violation(s): NOV-2019-LV-0602 Sample Limit Reported Location Parameter Date Value Value Type of Violation 001 Effluent BOD, 5-Day (20 Deg. C) - 5/14/2019 45 45.6 Daily Maximum Exceeded Concentration (C0310) A review of the June 2019 Discharge Monitoring Report (DMR) for the subject facility revealed the violation(s) indicated below: Limit Exceedance Violation(s): NOV-2019-LV-0603 Sample Limit Reported Location Parameter Date Value Value Type of Violation 001 Effluent BOD, 5-Day (20 Deg. C) - 6/4/2019 45 60.7 Daily Maximum Exceeded Concentration (C0310) North Caro i!na Department of Env:ronrnenta; Quairty I Diuision of Water Resm m--s Ashev.;e Regnna- Off. ce 1 2090 U.S. 701-0glm-ay I Swannsnos, NorLh Cawi s 2877-S DocuSign Envelope ID: EEC2627E-A616-49AB-9F07-9E5EC13AAE18 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 NPDES WW 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 6 in Section E, 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 Linda Wiggs of the Asheville Regional Office at 828-296-4500. Sincerely, DocuSigneedd by: I � 627B1 D2775374D0... forG. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDEQ Ec: ARO Server, LF G:\WR\WQ\Buncombe\Wastewater\Minors\Cane Creek MIddle Sch 86436\DMR Violations\20190813_NC0086436_NOVNOI2019LV0603_0602.rtf North Caroi!naDepartnientofEnvironrnenta;Q¢a:rty I DiusionofWater ResoLmes e-�,jD-FlCe Ashev.;e Regnna-Off:ce 1 2090 U.S. 70Hghway I SwanRSROs, North Cawins 2377S