WQCS00143_NOV-2021-DV-0003 NOI_20210108

CERTIFIED MAIL: 7020 1290 0001 1766 9368
RETURN RECEIPT REQUESTED
January 08, 2021
Theresa Coletta, Mayor
Town of Burnsville
PO Box 97
Burnsville, NC 28714-0097
SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY
Tracking No.: NOV-2021-DV-0003
Sanitary Sewer Overflows - December 2020
Collection System Permit No. WQCS00143
Burnsville Collection System
Yancey County
Dear Permittee:
A review has been conducted of the self--Day Report/s submitted by

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 (Mins) Location Cause (Gals) (Gals) DWR Action
_________________________________________________________________________________________________________________________________________________________________________
202003549 12/27/2020 240 OMC Pump Station Pump station 72,000 40,000 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 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
-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,

G. Landon Davidson, P.G., Regional Supervisor
Water Quality Regional Operations Section
Asheville Regional Office
Division of Water Resources, NCDEQ
Ec: LF