WQCS00084_NOV-2020-DV-0259 Response_20200619

The City of
North Carolina
June 10, 2020
Mr. G. Landon Davidson, P.G., Regional Supervisor
Water Quality Regional Operations Section
2090 US Highway 70
Swannanoa, NC 28778
RE: Notice of Violation
Tracking Number: NOV-2020-DV-0259
Sanitary Sewer Overflow — April 2020
Collection System Permit No. WQCS00084
Brevard Collection System, Transylvania County
Mr. Davidson,
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Water Quality Regional Operations
Asheville Regional Office
The following information is offered as a required response to a Notice of Violation issued May
21, 2020 regarding two self -reported Sanitary Sewer Overflow (SSO) events.
Both events occurred during a heavy rain event which began on Sunday, April 12 and continued
through a portion of Monday, April 13, 2020. The Tennessee Valley Authority reported a two-
day total of 2.55" of precipitation was received in Brevard these dates.
o Event #366 / Incident #202001187 occurred at the Gallimore Road Lift Station.
o The event lasted for approximately 3.25 hours.
o Pump and haul teams captured sewage from discharge manhole #GB-056
after SCADA notification alerted of a high level. Four loads totaling 10,000
gallons were captured during the event with an additional two loads
totaling 5,000 gallons of sewage from the lift station manhole post event.
This effort prevented a combined total of 15,000 gallons from entering
surface waters of Singing Branch Basin.
City of Brevard
95 W. Main Street
Brevard, NC 28712
828-885-S610

Mr. G. Landon Davidson, P.G.
Notice of Violation
June 10, 2020
Page 2
o The total estimated volume of the event was 9,750 gallons.
o The event reported was remediated with approved methods; debris was
removed from the discharge site with lime and straw spread on the ground
surrounding manhole #GB-056.
o Press releases, public notices and reporting documents were submitted as
required.
o Event #367 / Incident #202001188 occurred at Aiken Street near Silversteen Drive.
o The event lasted for approximately 2.13 hours.
o The total estimated volume of the event was 12,800 gallons.
o The event reported was remediated with approved methods; debris was
removed from the discharge site with lime and straw spread on the ground
surrounding manhole #BC-040 within the Brushy Creek Basin.
o Press releases, public notices and reporting documents were submitted as
required.
Collections System personnel continue inspecting, smoke testing and researching existing sewer
mains for inflow and infiltration. This fiscal year a total of $100,000 is appropriated by City
Council for inflow and infiltration reduction.
A loan application reference the Gallimore Sewer Basin Rehabilitation Project is pending approval
by the State Water Infrastructure Authority to receive a Clean Water State Revolving Fund loan
in the amount of $2,083,000. If approved, the project will include the rehab or replacement of
approximately 12,270' of sewer mains within the basin area. Funding, in the amount of $320,500
was approved on December 19, 2019 for engineering design.
Your continued assistance is much appreciated and any recommendations and/or
encouragement you may offer is most welcome. I may be reached at 828-885-5610 should you
require any further information regarding this notification.
Respectfully Submitted,
CITY OF BREVARD
J412-
ae's R. Fatland, CPFO
Manager

Mr. G. Landon Davidson, P.G.
Notice of Violation
June 10, 2020
Page 3
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cc: David Lutz, Public Works Director
Billy Dodson, Sewer Collections System ORC
Tim Heim, DWQ Asheville Regional Office Environment Specialist
Alvin Fuller, PE Summit Engineering Group Inc.

DocuSign Envelope ID: 99AF870D-B39E-486E-fiU8C-Ft56U2GZ41-ZrV
ROY COOPER
Commor
MICHAEL S. REGAN
SRcrctory
S. DANIEL SMITH
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CERTIFIED MAIL: 7019 1640 0000 1354 4146
RETURN RECEIPT REQUESTED
Jim Fatland
City of Brevard
95 W Main St
Brevard, NC 28712
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NORTH CAROLINA
Earkaa WlQualky
May 21, 2020
SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY
Tracking No.: NOV-2020-DV-0259
Sanitary Sewer Overflows - April 2020
Collection System Permit No. WQCS00084
Brevard Collection System
Transylvania County
Dear Permittee:
A review has been conducted of the self -reported Sanitary Sewer Overflows (SSO's) 5-Day Report/s submitted by
City of Brevard. The Division's Asheville Regional Office concludes that the City of Brevard violated Permit
Condition I (2) of Permit No. WQCS00084 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 City of Brevard an opportunity to provide evidence and justification
as to why the City of Brevard should not be assessed a civil penalty for the violation(s) that are summarized
below:
Incident Start Duration
Number Date (Mina) Location
202001187 4/13/2020 195 273 Gallimore Road
202001188 4/13/2020 128 Atkins & Silversteen
Drive
Total Vol
Total Surface
Vol Water
Cause (Gals) (Gals) DWR Action
Inflow and 9,750 9,750 Notice of Violation
Infiltration, Severe
Natural Condition
Inflow and 12,800 12,800 Notice of Violation
Infiltration, Severe
Natural Condition
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.
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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,
OocuSipned 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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