WQCS00219_NOV and Intent to Assess_20200720

DocuSign Envelope ID: F6AEA2B5-43B7-4D43-95B9-F77AA8D19CB1
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ROY COOPER
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Governor
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MICHAEL S. REGAN
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Secretary
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S. DANIEL SMITH
NORTH CAROLINA
D[re for
Environmental Quality
CERTIFIED MAIL: 7019 1640 0000 1354 4696
RETURN RECEIPT REQUESTED
July 20, 2020
Matthew Klein
Transylvania Utilities Inc
PO Box 240908
Charlotte, NC 28224
SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY
Tracking No.: NOV-2020-DV-0331
Sanitary Sewer Overflows - June 2020
Collection System Permit No. WQCS00219
Transylvania 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
Transylvania Utilities Inc. The Division's Asheville Regional Office concludes that the Transylvania Utilities Inc
violated Permit Condition I (2) of Permit No. WQCS00219 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 Transylvania Utilities Inc an opportunity to provide evidence and
justification as to why the Transylvania Utilities Inc 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
202001810 6/8/2020 240 455 Ticoa Park Dr, Lift Pump station 2,400 2,400 Notice of Violation
Station #4 equipment failure
202001885 6/12/2020 30 455 Ticoa Park Drive Pump station 300 300 Notice of Violation
equipment failure
Nortk :sro ra Department of EnvironmentalQuslrty I Divisiorr of Water Resources
AshsW a Ragnna. Office 12090 V.S. 70 Htghway I Sw nsnoe, North Carotins 23773
923296-4500

DocuSign Envelope ID: F6AEA2B5-43B7-4D43-95B9-F77AA8D19CB1
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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7E617A38285848C...
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 ROffce agnns.:1 2090 V.S. 70Hthwsy I Sw nsnos, North Carotins 23773
"� 923296-0500