NC0024911_NOV-2019-PC-0083 NOI_20190214

DocuSign Envelope ID: 75529637-4376-47A6-B408-A15D2E004450
ROY COOPER
Governor
K4ICHAEL S. REGAN
5ecrerury
LINDA CULPEPPER
Dipfftor
Certified Mail # 7017 2620 0000 9759 2168
Return Receipt Reauested
NORTH CAROLINA
Environmental Quality
February 14, 2019
Thomas E Hartye, PE
Metropolitan Sewerage District of Buncombe County North Carolina
2028 Riverside Dr.
Asheville, NC 28804-3054
SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY
Tracking Number: NOV-2019-PC-0083
Unauthorized Bypass
Permit No. NCO024911
County: Buncombe
Dear Mr. Hartye:
A review has been conducted of the self -reported Bypass 5-Day Report submitted by Peter Weed on January 3,
2019. The Division's Asheville Regional Office (ARO) concludes that the Metropolitan Sewerage District of
Buncombe County violated:
Permit Condition Part II.C.4.c.1: Bypass from the treatment facility is prohibited and the Permit Issuing Authority
may take enforcement action against a Permittee for bypass
Permit Condition Part II.E.6.a: The Permittee shall report to the Director or the appropriate Regional Office any
noncompliance that potentially threatens public health or the environment. Any information shall be provided orally
within 24 hours from the time the Permittee became aware of the circumstances.
Specific incident cited in the violation includes the following:
A 20,000-gallon unauthorized bypass of primary effluent to the French Broad River from the MSD's
WWTP occurred on December 21, 2018. Failure to report the unauthorized bypass within 24 hours.
This Notice of Violation/Notice of Intent to Enforce (NOV/NOI) is being issued for the noted violation of North
Carolina General Statute (G.S.) 143-215.1 and the facility's NPDES Permit. Pursuant to G.S. 143-215.6A, a civil
penalty of not more than $25,000.00 may be assessed against any person who violates or fails to act in accordance
with terms, conditions or requirements of any permit issued pursuant to G.S. 143-215.1.

DocuSign Envelope ID: 75529637-4376-47A6-B408-A15D2E004450
Please submit a written response to this Notice of Violation. Your response is to be received by the regional office
within 10 business days following receipt of this violation. The submittal will be considered in determining whether
the Division will assess a civil penalty for the cited violations.
If you have any questions, please do not hesitate to contact Linda Wiggs with the Water Quality Section in the
Asheville Regional Office at [phone] or via email at [e-mail].
Sincerely,
DocuSigned by:
r-� 7E617A38285848C...
G. Landon Davidson, P.G., Regional Supervisor
Water Quality Regional Operations Section
Asheville Regional Office
Division of Water Resources, NCDEQ
EC: WQS-ARO Server
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