NC0025534_NOVNOI2020PC0539_20201217

CERTIFIED MAIL: 7020 1290 0001 1766 8231
RETURN RECEIPT REQUESTED

December 17, 2020

John F Connet, City Manager
City of Hendersonville
145 Fifth Ave
Hendersonville, NC 28792

SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY
Tracking No.: NOV-2020-PC-0539
Unauthorized Bypass
Permit No. NC0025534
Hendersonville WWTP
Henderson County

Dear Permittee:

A review has been conducted of the self-reported Bypass 5-Day Report submitted by the City of Hendersonville.
The Division’s Asheville Regional Office concludes that the City of Hendersonville violated Permit Condition Part II.
Section C.4.c.1 which prohibits unauthorized bypass of wastewater.

The Asheville Regional Office is providing the City of Hendersonville an opportunity to provide evidence and
justification as to why the City of Hendersonville should not be assessed a civil penalty for the unauthorized bypass
event that is summarized below:
Total Vol
Total to Surface
Incident Start Duration Vol Water
Number Date (hours) Location Cause (Gals) (Gals) DWR Action
_________________________________________________________________________________________________________________________________________________________________________
202002887 10/29/2020 19 Sewage return line Unsecured manhole 22,800 11,400 Notice of Violation
rim, and Severe
Natural Condition _________________________________________________________________________________________________________________________________________________________________________
Permit Sections Violated
Part II. Section C.4.c.1 Bypass from the treatment facility is prohibited and the Permit Issuing Authority may take
enforcement action against a Permittee for bypass
________________________________________________________________________________________________________________________________________________________________________

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 me at 828-296-4500 or via email at
[e-mail].

Sincerely,

Daniel Boss, Asssistant Regional Supervisor
Water Quality Regional Operations Section
Asheville Regional Office
Division of Water Resources, NCDEQ

Ec: Laserfiche

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