WQCS00091_NOVNOI2021DV0236_20210511 (2)

DocuSign Envelope ID: 6E6A30B4-9049-4BAA-BF3D-4686FEC3C9B6
ROY COOPER
Governor
DONNE DELLI-GATT[
Secretary
S. DANIEL SMITH
Dlrecror
Certified Mail # 7019 0700 0000 8867 6708
Return Receipt Requested
Darlene Butler, Town Manager
Town of Spruce Pine
PO Box 189
Spruce Pine, NC 28777-0189
NORTH CAROLINA
Environmental Quality
May 11, 2021
SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY
Tracking No.: NOV-2021-DV-0236
Sanitary Sewer Overflows - April 2021
Collection System Permit No. WQCS00091
Spruce Pine Collection System
Mitchell 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 Spruce Pine. The Division's Asheville Regional Office concludes that the Town of Spruce Pine violated
Permit Condition I (2) of Permit No. WQCS00091 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 Spruce Pine an opportunity to provide evidence and
justification as to why the Town of Spruce Pine 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
202101241 4/23/2021 205 Highland Ave, mainline Pipe Failure (Break)
downstream of
Riverside Park
2,100 2,100 Notice of Violation
North Caroltna oePartmenrof Environmental Quality I redden..Water .ournea
Ahem ee Regional Office 12090 US Highway 70 15.amlama. North Carolina 2nri8

DocuSign Envelope ID: 6E6A30B4-9049-4BAA-BF3D-4686FEC3C9B6
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,
a—DocuSigned by: J
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Daniel Boss, Asst. Regional Supervisor
Water Quality Regional Operations Section
Asheville Regional Office
Division of Water Resources, NCDEQ
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