WQCS00131_NOVNOI2022DV0278_20220921

Certified Mail # 7021 2720 0000 1259 3760
Return Receipt Requested

September 21, 2022

Hank Perkins, Town Manager
Town of Lake Lure
PO Box 255
Lake Lure, NC 28746-0255

SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY
Tracking No.: NOV-2022-DV-0278
Sanitary Sewer Overflows - September 2022
Collection System Permit No. WQCS00131
Lake Lure Collection System
Rutherford County

Dear Permittee:

A review has been conducted of the self-reported Sanitary Sewer Overflows (SSO’s) 5-Day Report submitted by
Town of Lake Lure. The Division’s Asheville Regional Office concludes that the Town of Lake Lure violated Permit
Condition I (2) of Permit No. WQCS00131 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 Town of Lake Lure an opportunity to provide evidence and
justification as to why the Town of Lake Lure 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 (Mins) Location Cause (Gals) (Gals) DWR Action
_________________________________________________________________________________________________________________________________________________________________________
202201397 9/5/2022 590 238 Buffalo Shoals Rd, Pump station 56,945 56,945 Notice of Violation
Lake Lure, NC, 28746 equipment failure _________________________________________________________________________________________________________________________________________________________________________

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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 10 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 Lauren Armeni with the Water Quality Section in
the Asheville Regional Office at 828-296-4667 or via email at [e-mail].

Sincerely,

Daniel Boss, Assistant Regional Supervisor
Water Quality Regional Operations Section
Asheville Regional Office
Division of Water Resources, NCDEQ

Ec: Laserfiche

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