WQCS00143_NOV-2020-DV-0333 NOI_20200720

DocuSign Envelope ID: 6054BE9F-84A5-4F50-9EOF-691 1 C46215B2
ROY COOPER
Governor
MICHAEL S. REGAN
Secrehary
S. DANIEL SMITH
D[re for
CERTIFIED MAIL: 7019 1640 0000 1354 4702
RETURN RECEIPT REQUESTED
Theresa Coletta, Mayor
Town of Burnsville
PO Box 97
Burnsville, NC 28714
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NORTH CAROLINA
Environmental Quality
July 20, 2020
SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY
Tracking No.: NOV-2020-DV-0333
Sanitary Sewer Overflows - June 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 (Minn) Location Cause (Gals) (Gals) DWR Action
202001799 6/4/2020 630 Westover Dr near PNC Debris in line 126,000 126,000 Notice of Violation
202001957 6/18/2020 315 Bakers Crk PS Pump station 9,000 9,000 Notice of Violation
equipment failure
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DocuSign Envelope ID: 6054BE9F-84A5-4F50-9EOF-691 1 C46215B2
Total Vol
Total
Surface
Incident
Start
Duration
Vol
Water
Number
Date
(Mins)
Location
Cause
(Gals)
(Gals)
DWR Action
202002048
6/20/2020
2,760
Main st and 19E bypass
Pipe Failure (Break)
180,000
150,000
Notice of Violation
202002092
6/27/2020
570
OMC Pump Station
Pipe Failure (Break)
156,750
156,750
Notice of Violation
202002103
6/28/2020
1,740
OMC Dr & US 19 E
Pump station
424,500
424,500
Notice of Violation
equipment failure
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 15 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].
Ec: LF
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
NortrDEro rsDepartmentofEnvironmental Quslrty I DivistrkofWaterResources
Ashswe Ragnns.Off:ce 1 2090 V.S. 70Hthwsy I Sw nsnos, North Carotins 23773
923296-0500