NC0060534_NOV-2022-LV-0129 NOI_20220215

DocuSign Envelope ID: 085615D7-EB7F-4673-A6A3-F146E88C23FD
ROY COOPER
Governor
ELIZABETH 5. BISER
Secretary
S. DANIEL SMITH
Director
Certified Mail # 7021 2720 0000 1254 5158
Return Receipt Requested
Jim Fatland, City Manager
City of Brevard
95 W Main St
Brevard, NC 28712
NORTH CAROLINA
Environmental Quality
February 15, 2022
SUBJECT: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY
Tracking Number: NOV-2022-LV-0129
Permit No. NC0060534
Brevard WWTP
Transylvania County
Dear Permittee:
A review of the December 2021 Discharge Monitoring Report (DMR) for the subject facility revealed the
violation(s) indicated below:
Limit Exceedance Violation(s):
Sample Limit Reported
Location Parameter Date Value Value Type of Violation
001 Effluent BOD, 5-Day (20 Deg. C) - 12/11/2021 45 60.34 Weekly Average Exceeded
Concentration (C0310)
001 Effluent BOD, 5-Day (20 Deg. C) - 12/31/2021 30 36.74 Monthly Average Exceeded
Concentration (C0310)
A Notice of Violation/Intent to Issue Civil Penalty is being issued for the noted violation of North Carolina General
Statute (G.S.) 143-215.1 and the facility's NPDES WW Permit. 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.
D_E
North Carolina Department of Environmental Quality 1 Division or Water Resources
Asheville Regional Office 12090 US. Highway 70 I Swarmanos, North Carolina 28778
82&296,4500

DocuSign Envelope ID: 085615D7-EB7F-4673-A6A3-F146E88C23FD
If you wish to provide additional information regarding the noted violation, request technical assistance, or
discuss overall compliance please respond in writing within ten (10) business days after receipt of this Notice. A
review of your response will be considered along with any information provided on the submitted Monitoring
Report(s). You will then be notified of any civil penalties that may be assessed regarding the violations. If no
response is received in this Office within the 10-day period, a civil penalty assessment may be
prepared.
Remedial actions should have already been taken to correct this problem and prevent further occurrences in the
future. The Division of Water Resources may pursue enforcement action for this and any additional violations of
State law. If the violations are of a continuing nature, not related to operation and/or maintenance problems,
and you anticipate remedial construction activities, then you may wish to consider applying for a Special Order by
Consent.
Reminder: Pursuant to Permit Condition 6 in Section E, the Permittee is required to verbally notify the Regional
Office as soon as possible, not to exceed 24 hours, from first knowledge of any non-compliance at
the facility including limit violations, bypasses of, or failure of a treatment unit. A written report may
be required within 5 days if directed by Division staff. Prior notice should be given for anticipated or
potential problems due to planned maintenance activities, taking units off-line, etc.
If you have any questions concerning this matter or to apply for an SOC, please contact Timothy Heim of the
Asheville Regional Office at 828-296-4500.
Ec: LF
Sincerely,
DocuSigned by:
Z302-2-
E397192DABFB4FF...
Daniel Boss, Asst. Regional Supervisor
Water Quality Regional Operations Section
Asheville Regional Office
Division of Water Resources, NCDEQ
E
North Carolina Department of Environmental Quality I Division of Water Resources
Asheville Regional Office 12090 U.S. Highway70 15wannanoa, North CaroIna 25778
528.246.4500