WQCS00220_NOV and Intent to Assess_20240620

Roy COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
srnre
NORTH CAROLINA
Environmental Quality
Certified Mail # 7022 2410 0003 1826 9739
Return Receipt Requested
June 20, 2024
Charity Shatley, Town Manager
Town of Jefferson
PO Box 67
Jefferson, NC 28640-0067
SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY
Tracking No.: NOV-2024-DV-0272
Sanitary Sewer Overflows - May 2024
Collection System Permit No. WQCS00220
Jefferson Collection System
Ashe County
Dear Ms. Shatley:
A review has been conducted of the self -reported Sanitary Sewer Overflows (SSO's) 5-Day Report/s submitted by
Town of Jefferson. The Division's Winston-Salem Regional Office concludes that the Town of Jefferson violated
Permit Condition I (2) of Permit No. WQCS00220 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 Winston-Salem Regional Office is providing the Town of Jefferson an opportunity to provide evidence and
justification as to why the Town of Jefferson should not be assessed a civil penalty for the violations) that are
summarized below:
Total Vol
Total Surface
Incident Start Duration Vol Water
Number Date (Mins) Location Cause (Gals) (Gals) DWR Action
202400991 5/27/2024 60 150 PENNINGTON Severe Natural 3,000 3,000 Notice of Intent
DRIVE, JEFFERSON, , Condition
28640
craw D ��� North Carolina R'gi l Offirr 1 450 Wt l Q�alily l D,d.5 il300 1r Resonrces
Wlnsioa-Salem Regional Office 4`.A Wes[Hanes Mill Road, Suite 300 � Wlnsmn-Salem, North CarolEna 2I105
336W69600

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 Gary Hudson with the Water Quality Section in the
Winston-Salem Regional Office at 336-776-9800 or via email at [e-mail].
Sincerely,
EDocu S�igTned by:
L uti l . Jn lAts
,'B49E225C94EA...
Lon T. Snider, Regional Supervisor
Water Quality Regional Operations Section
Winston-Salem Regional Office
Division of Water Resources, NCDEQ
North Carolina 6rpartmr ofE,,r.... otal Quality l Oivisim of Water Resources
Wlnstnn. Salem Regional Office 1450 West Hanes Mill Ra45uite300 I Winston-S,le North Carolina 27105
336,7769800