NC0025321_NOVNOI2020PC0171_20200413

CERTIFIED MAIL #:7019 1640 0000 1354 3415
RETURN RECEIPT REQUESTED

April 13, 2020

Gary Caldwell, Mayor
Town of Waynesville
PO Box 100
Waynesville, NC 28786

SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY
Tracking Number: NOV-2020-PC-0171
Unauthorized Bypass
Permit No. NC0025321
County: Haywood

Dear Mr. Caldwell:

A review has been conducted of the self-reported Bypass 5-Day Reports submitted by Mark Jones on
February 12 and February 13 ,2020. The Division’s Asheville Regional Office (ARO) concludes that the Town
of Waynesville 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.

Specific incidents cited in the violation include the following:
1. A 35000-gallon unauthorized bypass from the basin prior to the primary effluent pump
building to Richland Creek occurred on February 11, 2020.
2. A 70000-gallon unauthorized bypass from the basin prior to the primary effluent pump
building to Richland Creek occurred on February 13, 2020

This Notice of Violation/Notice of Intent to Enforce (NOV/NOI) is being issued for the noted violations 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.

Please submit a written response to this Notice of Violation. Your response is to be received by the regional
office within 60 days following receipt of this violation. A detailed timeline of the immediate
response and corrective action taken to abate the bypass by facility staff was submitted along with the 5-
day report. The ARO requests the Town include any additional documentation regarding the long-term plan
to help prevent further equipment failures. The submittal will be considered in determining whether the
Division will assess a civil penalty for the cited violations.
DocuSign Envelope ID: A60F1022-5D41-42BC-9907-65CDD80687FE

If you have any questions, please do not hesitate to contact Mikal Willmer with the Water Quality Section
of the Asheville Regional Office at [phone] 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, LF

G:\WR\WQ\Haywood\Wastewater\Municipal\Waynesville WWTP 25321\Violations\Bypasses\2020\NC0025321_NOVNOI2020PC0171_20200413

DocuSign Envelope ID: A60F1022-5D41-42BC-9907-65CDD80687FE
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