WQCS00004_NOV-2020-DV-0425_20200915

DocuSign Envelope ID: 7F47362D-21 DB-46B1-A5CA-394ED744002E
ROY COOPER
Governor
MICHAEL 5. REGAN
Secretary
S. DANIEL SMITH NORTH CAROLINA
Director Environmental Quality
CERTIFIED MAIL: 7020 1290 0001 1766 7937
RETURN RECEIPT REQUESTED
September 16, 2020
Thomas E Hartye, PE
Metropolitan Sewerage District of Buncombe County North Carolina
2028 Riverside Dr.
Asheville, NC 28804-3054
SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY
Tracking No.: NOV-2020-DV-0425
Sanitary Sewer Overflows - August 2020
Collection System Permit No. WQCS00004
MSD Buncombe County Collection System
Buncombe County
Dear Permittee:
A review has been conducted of the self -reported Sanitary Sewer Overflows (SSO's) 5-Day Report/s submitted by
Metropolitan Sewerage District of Buncombe County North Carolina. The Division's Asheville Regional Office
concludes that the Metropolitan Sewerage District of Buncombe County North Carolina violated Permit Condition I
(2) of Permit No. WQCS00004 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 Metropolitan Sewerage District of Buncombe County North Carolina
an opportunity to provide evidence and justification as to why the Metropolitan Sewerage District of Buncombe
County North Carolina 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
202002475 8/25/2020 60 91 Weaverville Rd Debris in line 300 300 Notice of Violation
202002478 8/24/2020 150 139 Broadway St Blk Debris in line
Mtn
750 500 Notice of Violation
Nortft aro::rs Departrcer.t>f Er.vron intents ?uairty I Division of Water Resources
AsIrevi; a Rego nal Office 12O9❑ U.S. 7011 g!may I Swan nanoa, No rth Carom. 28778
N23-296-4532

DocuSign Envelope ID: 7F47362D-21 DB-46B1-A5CA-394ED744002E
Incident Start Duration
Number Date (Mins) Location
Cause
Total Vol
Total Surface
Vol Water
(Gals) (Gals) DWR Action
202002520 8/31/2020 20 510 Riverview Dr. Pump station 86,000 85,000 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
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 Linda Wiggs with the Water Quality Section in the
Asheville Regional Office at 828-296-4500 or via email at [e-mail].
Ec: Server, 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
North Carons Department of Env:ronn:=_nts ?uairty I ❑ivsion of Water Resources
Ashevil a Rego nal Office 12090 U.S. 70 Hg!may I Swan nanoa, North Carom. 28778
328 2964500