WQCS00004_NOV-2021-DV-0399_20210920

DocuSign Envelope ID: 0EACO21 F-7322-4D86-AA03-58CF86564819
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
5. DANIEL SMITH
Director
Certified Mail # 7021 0350 0000 1637 6001
Return Receipt Requested
NORTH CAROLINA
Environmental Quality
September 20, 2021
Thomas E Hartye, PE
Metropolitan Sewerage District of Buncombe County
2028 Riverside Dr.
Asheville, NC 28804-3054
SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY
Tracking No.: NOV-2021-DV-0399
Sanitary Sewer Overflows - July 2021
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
202101585 7/19/2021 180 164 Goldview Rd Pipe Failure (Break)
8,100 8,100 Notice of Violation
202101617 7/22/2021 80 25 Farrwood Ave Pipe Failure (Break) 350 350 Notice of Violation
202101622 7/25/2021 60 41 Pinewood PI Other 500 500 Notice of Violation
North Caroltna Department of Environmental Quaky 1 D11sion ofWater Resources
Aahe•91e Regional Office 12090 US Highway 70 15.amlama. North Carolina 28T78

DocuSign Envelope ID: 0EACO21 F-7322-4D86-AA03-58CF86564819
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
Ken Stines, ORC
Sincerely,
�DocuSigned by: J
Anui
2-2
'-E397192DABFB4FF...
Daniel Boss, Asst. Regional Supervisor
Water Quality Regional Operations Section
Asheville Regional Office
Division of Water Resources, NCDEQ
D iNahe9th aarop,oPep1,1reI ,90 U.HighoQuaky
0IS Wonoo.Nf Water Resources
gyhe•alPRegionalPHlceI 3P9PPS Hlghr•avNlSr•annama.NortN Ca.aIIna R8�r8