WQCS00161_NOV and Intent to Assess_20180501

State of North Carolina | Environmental Quality | Water Resources
2090 U.S. 70 Highway, Swannanoa, NC 28778
828-296-4500

CERTIFIED MAIL: 7009 1680 0000 7515 5886
RETURN RECEIPT REQUESTED

May 01, 2018

Rick Owen, Town Manager
Town of Banner Elk
PO Box 2049
Banner Elk, NC 28604-2049

SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY
Tracking No.: NOV-2018-DV-0137
Sanitary Sewer Overflows - April 2018
Collection System Permit No. WQCS00161
Banner Elk Collection System
Avery County

Dear Permittee:

A review has been conducted of the self-reported Sanitary Sewer Overflows (SSO’s) 5-Day Report/s submitted by
Town of Banner Elk. The Division’s Asheville Regional Office concludes that the Town of Banner Elk violated Permit
Condition I (2) of Permit No. WQCS00161 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 Banner Elk an opportunity to provide evidence and
justification as to why the Town of Banner Elk 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 _________________________________________________________________________________________________________________________________________________________________________
201800600 4/24/2018 300 Corner of 184 and Inflow and 7,500 4,950 Notice of Violation
Hickory Nut Gap Rd Infiltration, Severe
Natural Condition _________________________________________________________________________________________________________________________________________________________________________
201800606 4/24/2018 300 Elk River Lift Station, off Inflow and 8,500 4,250 Notice of Violation
Hwy 194 Infiltration, Pump
station equipment
failure, Severe Natural
Condition _________________________________________________________________________________________________________________________________________________________________________

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State of North Carolina | Environmental Quality | Water Resources
2090 U.S. 70 Highway, Swannanoa, NC 28778
828-296-4500

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 Daniel Boss with the Water Quality Section in the
Asheville Regional Office at 828-296-4500 or via email at [e-mail].

Sincerely,

G. Landon Davidson, P.G., Regional Supervisor
Water Quality Regional Operations Section
Asheville Regional Office
Division of Water Resources, NCDEQ

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DocuSign Envelope ID: 45CEBFAE-9E58-4D4D-8D68-CFC7F1E3B6B2