NC0028916_NOV-2020-PC-0059_20200131

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MICHAEL S. R£GAN
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LINDA CULPEPPER
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NORTH CAROLINA
Environmental Quafity
CERTIFIED MAIL: 7018 0040 0000 4771 8384
RETURN RECEIPT REQUESTED
January 31, 2020
Greg Zephir, Manager
Town of Troy
315 N. Main St.
Troy, NC 27371
SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY
Tracking No.: NOV-2020-PC-0059
Troy WWTP Bypass
NPDES Permit No. NCO028916
Montgomery County
Dear Permittee:
A review has been conducted of the self -reported Wastewater Treatment Plant Bypass Report/s submitted by the
Town of Troy. The Division's Fayetteville Regional Office concludes that the Town of Troy violated Permit Condition
Section C, 4 c of Permit No. NCO028916 by failing to effectively manage, maintain, and operate their wastewater
treatment plant so that there is no treatment plant bypass to the land or surface waters and the bypass 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 Fayetteville Regional Office is providing the Town of Troy an opportunity to provide evidence and justification
as to why the Town should not be assessed a civil penalty for the violation(s) that are summarized below:
Incident Number Date Duration Volume Volume Reaching Surface Waters
20200008399 01/14/20 5.0 hrs. 55,800 55,800
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 Hughie White or myself with the Water Quality Section
in the Fayetteville Regional Office at [phone].
Sincerely,
DocuSigned b(ywM1/.N}'I,�'-
I
E4E1A9691 DB248E_
Mark Brantley, Asst. Regional Supervisor
Water Quality Regional Operations Section
Fayetteville Regional Office
Division of Water Resources, NCDEQ
Cc: Fayetteville Regional Office (HW)
NPDES Compliance and Enforcement Unit