WQCSD0059_NOV-2018-DV-0229_20180821

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

CERTIFIED MAIL: 7017 2620 0000 9759 5619
RETURN RECEIPT REQUESTED

August 21, 2018

Jonathan Cannon, City Manager
City of Saluda
PO Box 248
Saluda, NC 28773-0248

SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY
Tracking No.: NOV-2018-DV-0229
Sanitary Sewer Overflows - July 2018
Collection System Permit No. WQCSD0059
City of Saluda Collection System
Polk County

Dear Permittee:

A review has been conducted of the self-reported Sanitary Sewer Overflows (SSO’s) 5-Day Report/s submitted by
City of Saluda. The Division’s Asheville Regional Office concludes that the City of Saluda violated Permit Condition I
(2) of Permit No. WQCSD0059 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 City of Saluda an opportunity to provide evidence and justification as
to why the City of Saluda 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 _________________________________________________________________________________________________________________________________________________________________________
201801051 7/24/2018 45 Pearson Falls Rd,, 100 Debris in line 38,000 38,000 Notice of Violation
yards from US 76 _________________________________________________________________________________________________________________________________________________________________________

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North Carolina Department of Environmental Quality | Division of 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 (email is acceptable), 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 or wish to reply electronically, please do not hesitate to contact Mikal Willmer 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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20180821_WQCSD0059_NOV2018DV0229

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