WQCS00132_Enforcement (Letter)_20190815

DocuSign Envelope ID: 6CAA19C9-6D44-42BD-BE52-B31CFBE43C67
ROY COOPER
Gm-ernor
K41CHAEL 5. RECAN
Rrrervey
LINDA CULPEPPER
tvwar
CERTIFIED MAIL: 7019 0700 0000 8867 5886
RETURN RECEIPT REQUESTED
Chad B Simons, Manager Town
Town of Murphy
PO Box 130
Murphy, NC 28906
_ .
NORTH CAROLINA
aFnvironmenral Quality
August 15, 2019
SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY
Tracking No.: NOV-2019-DV-0321
Sanitary Sewer Overflows - July 2019
Collection System Permit No. WQCS00132
Murphy Collection System
Cherokee 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 Murphy. The Division's Asheville Regional Office concludes that the Town of Murphy violated Permit
Condition I (2) of Permit No. WQCS00132 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 Murphy an opportunity to provide evidence and justification
as to why the Town of Murphy 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
201901134
7/2/2019
60
123 Woodland Dr.
Other, Pipe Failure
3,000
2,000
Notice of Violation
(Break)
201901140
7/5/2019
60
123 Woodland Drive
Debris in line
2,500
1,500
Notice of Violation
201901257
7/19/2019
15
123 Woodland Dr,
Other
300
50
Notice of Violation
Murphy NC 28906
N"NCarokisDepartment ofEnvironments! Quality I OivisionofWater Resourres
Ashevil ie Regional Office 1 2090 U.S_ 70 if� imay I Sw nanoa, North Carolaa 23773
Q
32S 29C-0500

DocuSign Envelope ID: 6CAA19C9-6D44-42BD-BE52-B31CFBE43C67
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 Timothy Heim with the Water Quality Section in
the Asheville Regional Office at 828-296-4500 or via email at [e-mail].
Sincerely,
DocuSigned by:
EN.
775374DO
ForG. Landon Davidson, P.G., Regional Supervisor
Water Quality Regional Operations Section
Asheville Regional Office
Division of Water Resources, NCDEQ
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WQS-ARO Server
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G:\WR\WQ\Cherokee\Collection Systems\Murphy Collection System\Violations\20190815_WQCS00132_NOVNOI 2019 DV 0321.Docx
r Nov DEro rsDepartmentofEnvironmental Quslrty I DivistrkofWater Resources
Rsh�we Ragnna.Off:ce 1 2090 V.S. 70Hthway I Sw nsnoe, North Cawing 23773
923296-0500