WQCS00143_NOV-2020-DV-0229 NOI_20200512

DocuSign Envelope ID: 9B28D829-7347-462B-B8FA-73D27F49D057
ROY COOPER
Governor
MICHAEL S. REGAN
secretary
S. DANIEL SMITH
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CERTIFIED MAIL: 7019 1640 0000 1354 4115
RETURN RECEIPT REQUESTED
Theresa Coletta, Mayor
Town of Burnsville
PO Box 97
Burnsville, NC 28714
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NORTH CAROLINA
Envitaamental Quality
May 12, 2020
SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY
Tracking No.: NOV-2020-DV-0229
Sanitary Sewer Overflows - April 2020
Collection System Permit No. WQCS00143
Burnsville Collection System
Yancey 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 Burnsville. The Division's Asheville Regional Office concludes that the Town of Burnsville violated Permit
Condition I (2) of Permit No. WQCS00143 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 Burnsville an opportunity to provide evidence and
justification as to why the Town of Burnsville 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
(Mips)
Location
Cause
(Gals)
(Gals) DWR Action
202001132
4/2/2020
1,650
E. Main St.,
Pipe Failure (Break)
65,000
65,000 Notice of Violation
@intersection & 19
& Intent to Assess
bypass
202001200
4/15/2020
180
E. Main @ Hwy 19
Pipe Failure (Break)
9,000
4,000 Notice of Violation
& Intent to Assess
202001243
4/22/2020
435
East Main St. and US
Pipe Failure (Break)
6,000
6,000 Notice of Violation
19E Bypass
& Intent to Assess
51
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DocuSign Envelope ID: 9B28D829-7347-462B-B8FA-73D27F49D057
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 60 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:
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G. Landon Davidson, P.G., Regional Supervisor
Water Quality Regional Operations Section
Asheville Regional Office
Division of Water Resources, NCDEQ
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