WQCS00143_NOV-2021-DV-0328 NOI_20210805

DocuSign Envelope ID: 9D54183B-DD71-49D1-9395-E7712573B6FA
ROY COOPER
Governor
ELIZABETH S. BISER
Secretory
S. DANIEL SMITH
Director
Certified Mail # 7021 0350 0000 1637 6414
Return Receipt Requested
Theresa Coletta, Mayor
Town of Burnsville
PO Box 97
Burnsville, NC 28714-0097
NORTH CAROLINA
Environmental Quality
August 05, 2021
SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY
Tracking No.: NOV-2021-DV-0328
Sanitary Sewer Overflows - May 2021
Collection System Permit No. WQCS00143
Burnsville Collection System
Yancey 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 Burnsville. The Division's Asheville Regional Office concludes that the Town of Burnsville violated Permit
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:
Incident Start Duration
Number Date (Mins) Location
Cause
Total Vol
Total Surface
Vol Water
(Gals) (Gals) DWR Action
202101341 5/20/2021
180 OMC Pump Station Other, Pump station
equipment failure
57,600 50,000 Notice of Violation
North Carolina Department of Er tronmental Quelfy I olvtslon ofWater Resources
Asheville Regional Office 12090 O.S. Highway 70 I Swannanoa, Noah Carotna 28778
828.2%450C

DocuSign Envelope ID: 9D54183B-DD71-49D1-9395-E7712573B6FA
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,
p—DocuSigned by: J
2-2
E397192DABFB4FF...
Daniel Boss, Asst. Regional Supervisor
Water Quality Regional Operations Section
Asheville Regional Office
Division of Water Resources, NCDEQ
GD_EQ� NorlhCaro1InaDepar[ment (EnvlronmentaIQualhy DivIIondWdterResaarces
Asheville Regional OFFice 2090 US. Highway 70 Swannanoallorth Catalina 28778
828296.450C