WQCS00084_NOV-2020-DV-0496 NOI_20201109

DocuSign Envelope ID: 04CC114B-D7E7-4982-95CE-4F151`8973304
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. DANIEL SMITH
D[rector
NORTH CARCLINA
Envirantnental Quality
CERTIFIED MAIL: 7020 1290 0001 1766 7968
RETURN RECEIPT REQUESTED
November 09, 2020
Jim Fatland
City of Brevard
95 W Main St
Brevard, NC 28712
SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY
Tracking No.: NOV-2020-DV-0496
Sanitary Sewer Overflows - October 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 Reports 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:
Total Vol
Total Surface
Incident Start Duration Vol Water
Number Date (Mins) Location Cause (Gals) (Gals) DWR Action
202002844 10/29/2020 285 Gallimore Road PS I&I, SNC 28,500 28,500 Notice of Violation
202002845 10/29/2020 213 BC-039 Silverstein & I&I, SNC 26,625 26,625 Notice of Violation
Aiken
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DocuSign Envelope ID: 04CC114B-D7E7-4982-95CE-4F151`8973304
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 10 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:
7E617A38285848C...
G. Landon Davidson, P.G., Regional Supervisor
Water Quality Regional Operations Section
Asheville Regional Office
Division of Water Resources, NCDEQ
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Ashswe Ragnna.Off:ce 1 2090 V.S. 70Hthway I Sw nanoe, North Carotins 23773
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