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Home My WebLink AboutWQCS00111_NOV-2021-DV-0213 NOI_20210419 Certified Mail #7017 1070 0000 1775 7671 Return Receipt Requested April 19, 2021 Zachary Ollis, Manager Town Town of Tryon 301 N Trade St Tryon, NC 28782 SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY Tracking No.: NOV-2021-DV-0213 Sanitary Sewer Overflows - March 2021 Collection System Permit No. WQCS00111 Tryon Collection System Polk County Dear Permittee: A review has been conducted of the self-reported Sanitary Sewer Overflows (SSO’s) 5-Day Report/s submitted by Town of Tryon. The Division’s Asheville Regional Office concludes that the Town of Tryon violated Permit Condition I (2) of Permit No. WQCS00111 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 Tryon an opportunity to provide evidence and justification as to why the Town of Tryon 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 _________________________________________________________________________________________________________________________________________________________________________ 202101060 3/18/2021 40 Braewick Estates Inflow and Infiltration 7,000 7,000 Notice of Violation _________________________________________________________________________________________________________________________________________________________________________ DocuSign Envelope ID: 594DA3F8-90FD-4584-92EA-002E5047BE5D 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 Mikal Willmer with the Water Quality Section in the Asheville Regional Office at 828-296-4686 or via email at mikal.willmer@ncdenr.gov. Sincerely, Daniel Boss, Assistant Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDEQ Ec: LF DocuSign Envelope ID: 594DA3F8-90FD-4584-92EA-002E5047BE5D Service'"'FIED stal F MAIL° RECEIPT Mail Onlyy visit our website at www.usps.comE. nformation, ul H a N Certified Mail Fee Extra woes&Fees lcllackb addl es*p P`lars) ❑Retum RecelPt(n 1-3erticoP`A $ 1-3❑Relum RacelPt(elecVonlc) $ � ❑CadlPae MNI ReaWcteO DNlvery $ O t]Atluft signawm RenO $ [] eigneNre ResMcte Diir Mm $ O Postage r_ $ � Total Postage and Fees r~l Ss Zachary Dills, Manager Town C3 St, Town of Tryon r` 301 N Trade St. CIS Tryon, NC 28782 ■ Complete Items 1, 2, and 3. 11 A. ■ Print your name and address on the reverse X so that we can return the card to you. ■ Attach this card to the back of the mailpiece, Dt or on the front If space permits. J 1. Article Addressed to: D. Zachary 011is, Manager Town Town of Tryon 301 N Trade St Tryon, NC 28782 Postmark Mere l7 Agent 13Addre, Date of Is delivery address different from item 19 ❑ Yes If YES, enter delivery address below: ❑ No 3. Service Type ❑ Priority Mall Express® • Adult Signature Q istered Mail - III' 111 IIII I'I I II I'll II I I 1111 IN I 11111111 Restricted Delivery ❑ Donveryered Mail Restricted ❑ Certified Mail® 9590 9402 5997 0069 8347 07 D Certified Mail Restricted Delivery ❑ Return Receipt for Merchandise ❑ Collect on Delivery 2. Article Number (Transfer from service label) ❑ Collect on Delivery Restricted Delvery 7Insured Mail 13 Signature Confirmation- ❑ Signature Confirmation 7 017 1070 0000 1775 7 6 711 fireure Mall Restricted Delivery Restricted Delivery ol WOCS00111 - PS Form 3811, July 2015 PSN 7530-02-000-9053 NOV-2021•DV•0213 213 (MW) mestic Return Receipt � i