WQCS00004_NOVNOI2022DV0059_20220222

DocuSign Envelope ID: 5FCB1906-5BAA-4BA7-A015-227DB1DE78EE
ROY COOPER
Governor
ELIZABETH S. BISER
Secretory
5. DANIEL SMITH
Director
Certified Mail # 7021 2720 0000 1254 5318
Return Receipt Requested
NORTH CAROLINA
Environmental Quality
February 23, 2022
Thomas Hartye, PE
Metropolitan Sewerage District of Buncombe County North Carolina
2028 Riverside Dr.
Asheville, NC 28804-3054
SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY
Tracking No.: NOV-2022-DV-0059
Sanitary Sewer Overflows - January 2022
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
202200135 1/22/2022 225 129 South Lane Pipe Failure (Break) 760 760 Notice of Violation
202200135 1/22/2022 225 129 South Lane Failure to inspect high -priority line every 6-months. 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: 5FCB1906-5BAA-4BA7-A015-227DB1DE78EE
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].
Ec: Server, LF
Ken Stines
Sincerely,
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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