NC0073318_NOV-2023-LV-0695 Notice_20231009

Certified Mail # 7020 3160 0000 4115 0226
Return Receipt Requested

October 9, 2023

Joel McRay Clarke
Clarke Utilities Inc
223 Hwy 70 E Ste 115
Garner, NC 27529-4062

SUBJECT: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY
Tracking Number: NOV-2023-LV-0695
Permit No. NC0073318
Whippoorwill Valley WWTP
Wake County

Dear Mr. Clarke:

A review of the August 2023 Discharge Monitoring Report (DMR) 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 _________________________________________________________________________________________________________________________________________________________________________
001 Effluent Nitrogen, Ammonia Total (as 8/31/2023 2 3.14 Monthly Average Exceeded
N) - Concentration (CO610) _________________________________________________________________________________________________________________________________________________________________________
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.
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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 Kevin Fowler of the
Raleigh Regional Office at 919-791-4200.

Sincerely,

Vanessa Manuel, Assistant Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ

Cc: Laserfische
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