WQCS00108_NOV2021DV0233_20210423

Certified Mail # 7017 1070 0000 1776 0886
Return Receipt Requested

April 23, 2021

Daniel Manring
Tuckaseigee Water and Sewer Authority
1246 W Main St
Sylva, NC 28779

SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY
Tracking No.: NOV-2021-DV-0233
Sanitary Sewer Overflows - March 2021
Collection System Permit No. WQCS00108
Tuckaseigee Collection System
Jackson County

Dear Permittee:

A review has been conducted of the self-reported Sanitary Sewer Overflows (SSO’s) 5-Day Report/s submitted by
Tuckaseigee Water and Sewer Authority. The Division’s Asheville Regional Office concludes that the Tuckaseigee
Water and Sewer Authority violated Permit Condition I (2) of Permit No. WQCS00108 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 Tuckaseigee Water and Sewer Authority an opportunity to provide
evidence and justification as to why the Tuckaseigee Water and Sewer Authority 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
_________________________________________________________________________________________________________________________________________________________________________
202101032 3/12/2021 251 2nd manhole below Debris in line, Other 8,925 8,925 Notice of Violation
Harold St _________________________________________________________________________________________________________________________________________________________________________

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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 me at 828-296-4500 or via email at
[e-mail].

Sincerely,

Daniel Boss, Assistant Regional Supervisor
Water Quality Regional Operations Section
Asheville Regional Office
Division of Water Resources, NCDEQ

Ec: Server, LF
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