WQCS00039_NOV and Intent to Assess_20190314

CERTIFIED MAIL:7017 2620 0000 9759 0904
RETURN RECEIPT REQUESTED

March 14, 2019

Gavin A Brown
Town of Waynesville
PO Box 100
Waynesville, NC 28786

SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY
Tracking No.: NOV-2019-DV-0147
Sanitary Sewer Overflows - February 2019
Collection System Permit No. WQCS00039
Waynesville Collection System
Haywood 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 Waynesville. The Division’s Asheville Regional Office concludes that the Town of Waynesville violated
Permit Condition I (2) of Permit No. WQCS00039 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 Waynesville an opportunity to provide evidence and
justification as to why the Town of Waynesville 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 _________________________________________________________________________________________________________________________________________________________________________
201900381 2/21/2019 5,642 9 Haywood Office Park Inflow and 608,400 608,400 Notice of Violation
Crabtree & Access Rd Infiltration, Other,
Severe Natural
Condition _________________________________________________________________________________________________________________________________________________________________________

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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 (electronic format 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. Please include any
rainfall data the Town recorded or obtained during the event timeline. 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 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

EC: WQS-ARO Server
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G:\WR\WQ\Haywood\Collection Systems\Waynesville WQCS00039\SSO\Feb.2019\20190314_WQCS00039_NOVNOI2019DV0147

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