WQCSD0246_NOVNOI2020DV0241_20200519

DocuSign Envelope ID: D7857238-9E99-4C20-B88F-88FD8D4924E4
Y
ROY COOPER_
Governor
-
M[CHAEL S. REGRN
�.
Secretary
S. DANIEL SMITH
NORTH CAROLINA
Director
Environmental Quattty
CERTIFIED MAIL: 7019 1640 0000 1354 3699
RETURN RECEIPT REQUESTED
May 19, 2020
Dakota Ingram
Clay County Water & Sewer District
PO Box 838
Hayesville, NC 28904
SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY
Tracking No.: NOV-2020-DV-0241
Sanitary Sewer Overflows - April 2020
Collection System Permit No. WQCSD0246
Clay County Water & Sewer District
Clay County
Dear Permittee:
A review has been conducted of the self -reported Sanitary Sewer Overflows (SSO's) 5-Day Report/s submitted by
Clay County Water & Sewer District. The Division's Asheville Regional Office concludes that the Clay County Water
& Sewer District violated Permit Condition I (2) of Permit No. WQCSD0246 by failing to effectively manage,
maintain, and operate their collection system so that there is no SSO (Sanitary Sewer Overflow) to the land or
surface waters and the SSO constituted making an outlet to waters of the State for purposes of G.S.
143-215.1(a)(1), for which a permit is required by G.S. 143-215.1.
The Asheville Regional Office is providing the Clay County Water & Sewer District an opportunity to provide
evidence and justification as to why the Clay County Water & Sewer District should not be assessed a civil penalty
for the violation(s) that are summarized below:
Total Vol
Total
Surface
Incident Start Duration
Vol
Water
Number Date (Minn) Location Cause
(Gals)
(Gals) DWR Action
202001196 4/13/2020 60 Clay Co Sports Complex Inflow and
34,140
34,100 Notice of Violation
Infiltration, Power
Outage, Pump
station equipment
failure
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DocuSign Envelope ID: D7857238-9E99-4C20-B88F-88FD8D4924E4
This Notice of Violation / Notice of Intent to Enforce (NOV/NOI) is being issued for the noted violation. 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.
This office requests that you respond to this Notice, in writing, within 60 business days of its
receipt. In your response, you should address the causes of non-compliance, remedial actions, and all other
actions taken to prevent the recurrence of similar situations. The response to this correspondence will be
considered in this process. Enforcement decisions will also be based on volume spilled, volume reaching surface
waters, duration and gravity, impacts to public health, fish kills or recreational area closures. Other factors
considered in determining the amount of the civil penalty are the violator's history of non-compliance, the cost of
rectifying the damage, whether the spill was intentional and whether money was saved by non-compliance.
If you have any questions, please do not hesitate to contact Linda Wiggs with the Water Quality Section in the
Asheville Regional Office at 828-296-4500 or via email at [e-mail].
Sincerely,
DocuSigned by:
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G. Landon Davidson, P.G., Regional Supervisor
Water Quality Regional Operations Section
Asheville Regional Office
Division of Water Resources, NCDEQ
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