WQCS00170_NOV2022PC0267 & CEI Report_20220510

SENT VIA ELECTRONIC MAIL ONLY: NO HARD COPY WILL BE MAILED.

May 10, 2022

Regina Mathis, Town Manager
Town of Bryson City
Email: [e-mail]

SUBJECT: NOTICE OF VIOLATION
Tracking Number: NOV-2022-PC-0267
Permit No. WQCS00170
Bryson City Collection System
Swain County

Dear Permittee:

The North Carolina Division of Water Resources conducted an inspection of the Bryson City Collection System on
May 3, 2022. This inspection was conducted to verify that the facility is operating in compliance with the
conditions and limitations specified in Collection System Permit No. WQCS00170. A summary of the findings and
comments noted during the inspection are provided in the enclosed copy of the inspection report.

The Collection System Non-sampling inspection was conducted by Division of Water Resources staff from the
Asheville Regional Office. The following violations were noted during the inspection:

Inspection Area Description of Violation _________________________________________________________________________________________________________________________________________________________________________
Sewer and FOG Ordinances A FOG Ordinance that includes an enforceable Grease Trap Program has not been
created. _________________________________________________________________________________________________________________________________________________________________________ Reporting Requirements Wastewater Performance Reports have not been submitted annually.
_________________________________________________________________________________________________________________________________________________________________________
Inspections The annual observation of the entire system has not been documented. High priority line
inspections have not been documented. _________________________________________________________________________________________________________________________________________________________________________

Lines/Right-of-Ways/Aerial Gravity sewer line cleaning has not been documented.
Lines _________________________________________________________________________________________________________________________________________________________________________ Pump Stations Lift station logs do not include the minimum required information.
_________________________________________________________________________________________________________________________________________________________________________

DocuSign Envelope ID: F1FC8676-1151-4FC4-8770-C9B5E2FC814C

In addition, the issues below must also be addressed:

Compliance Issue:

Add the 24-hour contact numbers and spare parts inventory to the Spill Response Action Plan.
Add the spare parts/equipment inventory to the Pump Failure Plan.

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.

To prevent further action, please respond in writing to this office within 30 days upon your receipt of this Notice
of Violation regarding your plans or measures to be taken to address the indicated violations and other identified
issues, if applicable.

If you should have any questions, please do not hesitate to contact Lauren Armeni with the Water Quality
Regional Operations Section in the Asheville Regional Office at 828-296-4667.

Sincerely,

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

ATTACHMENTS: Inspection Report

Ec: Laserfiche
Tom Shook (ORC)
Travis McCall (BORC)
DocuSign Envelope ID: F1FC8676-1151-4FC4-8770-C9B5E2FC814C
Compliance Inspection Report
Permit:WQCS00170 Effective:06/01/13 Expiration:05/31/21 Owner :Town of Bryson City
SOC:
Contact Person:
Region:
County:
Directions to Facility:
Swain
Asheville
Joshua P Ward
Effective:Expiration:Facility:Bryson City Collection System
PO Box 726
Title:Phone:[phone]
Secondary ORC(s):
Phone:Certification:Primary ORC:
CS1,System Classifications:
On-Site Representative(s):
Related Permits:
NC0026557 Town of Bryson City - Bryson City WWTP
Secondary Inspector(s):
Primary Inspector:
Inspection Date:Exit Time:Entry Time:
Phone:
05/03/2022 10:00AM 01:00PM
Lauren E Armeni 828-296-4500
Timothy H Heim
Facility Status:
Permit Inspection Type:
Reason for Inspection:Inspection Type:
Not CompliantCompliant
Routine
Collection system management and operation
Collection System Inspect Non Sampling
Question Areas:
Miscellaneous Questions General Sewer & FOG Ordinances
Capital Improvement Plan Map Reporting Requirements
Inspections Spill Response Plan Spills
Lines Manholes Pump Stations
(See attachment summary)
Page 1 of 8
DocuSign Envelope ID: F1FC8676-1151-4FC4-8770-C9B5E2FC814C
Inspection Date:
Permit:
Inspection Type :
Owner - Facility:
Reason for Visit:
WQCS00170
05/03/2022 Collection System Inspect Non Sampling
Town of Bryson City
Routine
Inspection Summary:
Lauren Armeni and Tim Heim, with the Asheville Regional Office, conducted a Compliance Evaluation Inspection of the
Bryson City Collection System on May 3, 2022. This inspection was conducted to determine if the system is being operated
and maintained in compliance with Permit No. WQCS00170. Mr. Tom Shook (ORC/Public Services Director), Mr. Travis
McCall (BORC), Mr. Marvin Ogle (BORC in-training), and Mr. Rob Spradlin (McGill Associates) were present during the
inspection.
The Town has done a good job of discovering issues within the Collection System and fixing these issues within a timely
manner, as funding allows. Overall, documentation needs to be improved.
Sewer and FOG Ordinances: A FOG Ordinance that includes an enforceable Grease Trap Program has not been created.
Mr. Shook stated they have issues with grease in the Collection System because they have not had an enforceable program
and grease trap inspections are not conducted. McGill Associates is currently in the process of creating these documents
for the Town.
Capital Improvement Plan: The Town conducted a comprehensive infiltration/inflow evaluation of the Collection System using
funds from an AIA grant received in 2019 for $95,000. Based on the results of this study conducted by McGill Associates, a
prioritization list of I&I rehabilitation projects was created and included in the CIP. Projects #1-6 on the list were funded by
USDA-RD. Additionally, a list of thirteen immediate needs for rehabilitation of I&I within the Collection System was created.
During the inspection, it was confirmed that all thirteen proposed fixes under the immediate needs list were complete.
Projects on the prioritization list (#1-6) are currently in the design phase and approximately 28,000 LF of sewer line will be
replaced. The Carringer Street (#7) sewer line replacement (4,000 LF) has been fully funded by CDBG and is currently in the
design phase. The Town received a second AIA grant in 2021 for $55,000, which is being used for ongoing projects, including
the new GIS sewer map.
Reporting Requirements: The last Annual Wastewater Performance Report was submitted for July 2018 through June 2019,
and no report has been submitted since. Moving forward, this report needs to be submitted on an annual basis.
Inspections: Maintenance records should be kept separate and updated as maintenance is conducted. The annual
observation of the entire system is not being documented. High priority lines are being inspected once every six months, but
these inspections are not being documented.
Spill Response Action Plan: The Plan is detailed and contains all of the required information except the 24-hour contact
numbers and spare parts inventory.
Spills: It is recommended to keep the documentation for SSOs, sewer related issues/complaints, and press releases/public
notifications together.
Lines/Right-of-Ways/Aerial Lines: The aerial line inspected at Powell Lumber appeared to be in good condition and the Town
has reported no issues with it. The second aerial line is at Carson's Apartments and is very hard to access, but staff
regularly inspect it. This aerial line is not on the HPL list and needs to be added. There was a third aerial line set up to
service one home, but the home was never built so the line was removed. Aerial lines are being inspected, but the
inspections are not documented. See above under “Inspections”. Gravity sewer lines are being cleaned, but cleaning records
are not being kept. Ensure that 10% of the gravity sewer lines are being cleaned annually and keep documentation.
Pump Stations: Lift station logs are not adequate. Log books are kept at each lift station, but the minimum required
information is not included. A lift station log template will be emailed to the ORC and BORC.
Page 2 of 8
DocuSign Envelope ID: F1FC8676-1151-4FC4-8770-C9B5E2FC814C
Inspection Date:
Permit:
Inspection Type :
Owner - Facility:
Reason for Visit:
WQCS00170
05/03/2022 Collection System Inspect Non Sampling
Town of Bryson City
Routine
The following violations were noted during the inspection:
1. Sewer and FOG Ordinances: A FOG Ordinance that includes an enforceable Grease Trap Program has not been created.
2. Reporting Requirements: Wastewater Performance Reports have not been submitted annually.
3. Inspections: The annual observation of the entire system has not been documented. High priority line inspections have not
been documented.
4. Lines/Right-of-Ways/Aerial Lines: Gravity sewer line cleaning has not been documented.
5. Pump Stations: Lift station logs do not include the minimum required information.
Page 3 of 8
DocuSign Envelope ID: F1FC8676-1151-4FC4-8770-C9B5E2FC814C
Inspection Date:
Permit:
Inspection Type :
Owner - Facility:
Reason for Visit:
WQCS00170
05/03/2022 Collection System Inspect Non Sampling
Town of Bryson City
Routine
General Yes No NA NE
Is there a properly designated primary ORC and at least one back-up of proper grade?
Are logs being reviewed by the system management or owner on a regular basis?
# What is that frequency?Twice a year
# Are there any issues being addressed currently or any in the planning stages?
Is there a specific pump failure plan available for all pump stations?
Does plan indicate if pump parts/new pumps are in spare parts/equipment inventory?
Are new/significantly upgraded pump stations equipped with anti-corrosion materials?
Does the permittee have a copy of their permit?
# Is permit expiring within the next 6 months?
If Yes, has the Permittee applied for renewal?
A spare parts/equipment inventory needs to be added to the Pump Failure Plan. The permit
expired on May 31, 2021 and the renewal application was received November 25, 2020. The
Permitting Section is behind on issuing permits, so the current permit is valid until a new one is
issued.
Comment:
Sewer and FOG Ordinances Yes No NA NE
Is Sewer Use Ordinance (SUO) or other Legal Authority available?
Does it appear that the Sewer Use Ordinance is enforced?
Is there a Grease Control Program that legally requires grease control devices?
What is the standard grease trap cleaning requirement in the FOG ordinance?No FOG Ordinance
Is Grease Control Program enforced via periodic inspections/records review?
Is action taken against violators?
# Have satellite systems adopted an equivalent or more stringent ordinance?
Is grease/sewer education program documented with req'd customer distribution?
# Are other types of education tools used like websites, booths, special meetings, etc?
If Yes, what are they? (This can reduce mailing to annual.)
Grease/sewer education is included on the Town's website and pamphlets are included with bills.
A FOG Ordinance that includes an enforceable Grease Trap Program has not been created.
See summary for details.
Comment:
Capital Improvement Plan Yes No NA NE
Has a Capital (CIP) or System Improvement Plan been developed and adopted?
Is it designated for wastewater only or does it have a dedicated section?
Does CIP cover three to five year period of earmarked improvements?
Does CIP include description of project area?
Does CIP include description of existing facilities?
Does CIP include known deficiencies?
Page 4 of 8
DocuSign Envelope ID: F1FC8676-1151-4FC4-8770-C9B5E2FC814C
Inspection Date:
Permit:
Inspection Type :
Owner - Facility:
Reason for Visit:
WQCS00170
05/03/2022 Collection System Inspect Non Sampling
Town of Bryson City
Routine
Does CIP include forecasted future needs?
The CIP was last updated in November 2020. See summary for details.Comment:
Map Yes No NA NE
Is there a overall sewer system map?
Does the map include:
Pipe Type (GS/FM)
Pipe sizes
Pipe materials (PVC, DIP, etc)
Pipe location
Flow direction
Approximate pipe age
Pump station ID, location and capacity
# Force main air release valve location & type
# Location of satellite connections
Is the map being updated for changes/additions within 1 year of activation?
McGill is currently working on a new GIS map for the Collection System. The map is 70%
complete and should be done by November 2022. This map will allow for real-time data of
issues in the system that need to be or have already been fixed. A new manhole numbering
system is being created with this map.
Comment:
Reporting Requirements Yes No NA NE
# Have there been any sewer spills in the past 3 years?
If Yes, were they reported to the Division if meeting the reportable criteria?
If applicable, is there documentation of press releases and public notices issued?
Is an Annual Wastewater Performance Report being filed with the Division, if required?
Is the report being made available to all its sewer customers?
# How is it being made available?
The Annual Wastewater Performance Report was last submitted for July 2018 through June
2019. No reports were submitted for 2020 and 2021. The one submitted to the Division in 2019
was made available on the Town's website. See summary for details.
Comment:
Inspections Yes No NA NE
Are adequate maintenance records maintained?
Are pump stations being inspected at the required frequency?
# Is at least one complete functionality test conducted weekly per pump station?
Is there a system or plan in place to observe the entire system annually?
Is the annual inspection documented?
# Does the system have any high-priority lines/locations?
Are inspections of HPL documented at least every 6 months?
Page 5 of 8
DocuSign Envelope ID: F1FC8676-1151-4FC4-8770-C9B5E2FC814C
Inspection Date:
Permit:
Inspection Type :
Owner - Facility:
Reason for Visit:
WQCS00170
05/03/2022 Collection System Inspect Non Sampling
Town of Bryson City
Routine
Are new lines being added to the HPL list when found or created?
Some maintenance records were provided, but not all maintenance that has been conducted
since the last inspection. The entire system is observed annually but these observations are
not documented. HPL inspections are being conducted but are not documented. Mr. Shook
said the Town hopes to adopt a policy in the near future that incorporates weekly functionality
tests at each pump station. See summary for details.
Comment:
Spill Response Action Plan Yes No NA NE
Is a Spill Response Action Plan available?
Is a Spill Response Action Plan available for all personnel?
Does the plan include:
24-hour contact numbers
Response time
Equipment list and spare parts inventory
Access to cleaning equipment
Access to construction crews, contractors, and/or engineers
Source of emergency funds
Site sanitation and cleanup materials
Post-overflow/spill assessment
Does the Permittee appear to respond within 2 hours of first knowledge of a spill?
The Spill Response Action Plan does not include 24-hour contact numbers or a spare parts
inventory. See summary for details.
Comment:
Spills Yes No NA NE
Is system free of known points of bypass?
If No, describe type of bypass and location
Are all spills or sewer related issues/complaints documented?
# Are there repeated overflows/problems (2 or more in 12 months) at same location?
# If Yes, is there a corrective action plan?
Comment:
Lines/Right-of-Ways/Aerial Lines Yes No NA NE
Please list the Lines/Right of Ways/Aerial Lines Inspected:
1. Powell Lumber
Are right-of-ways/easements maintained for full width for access by staff/equipment?
If No, give details on temporary access:
Is maintenance documented?
Are gravity sewer cleaning records available?
Has at least 10% of lines older than 5 yrs been cleaned annually?
Were all areas/lines inspected free of issues?
Page 6 of 8
DocuSign Envelope ID: F1FC8676-1151-4FC4-8770-C9B5E2FC814C
Inspection Date:
Permit:
Inspection Type :
Owner - Facility:
Reason for Visit:
WQCS00170
05/03/2022 Collection System Inspect Non Sampling
Town of Bryson City
Routine
Aerial lines are being inspected but the inspections are not documented. There are only two
aerial lines in the system. Gravity sewer lines have been cleaned but not documented. Mr.
McCall said he thinks 10% of the gravity lines have been cleaned annually, but he would have
to add up the footage. See summary for details.
Comment:
Manholes Yes No NA NE
Please list the Manholes Inspected:
1. 45 Everett Street
2. Alley on Everett Street
3. Down from jail
4. Prior to WWTP influent lift station
Are manholes accessible?
# Are manhole covers/vents above grade?
Are manholes free of visible signs of overflow?
Are manholes free of sinkholes and depressions?
Are manhole covers present?
# Are manholes properly seated?
# Are manholes in good condition?
# Are inverts in good condition?
Is flow unrestricted in manholes?
Are manholes free of excessive amounts of grease?
Are manholes free of excessive roots?
Are manholes free of excessive sand?
Are manhole vents screened?
Are vents free of submergence?
Are manholes free of bypass structures or pipes?
The manhole inspected in the Alley on Everett Street had visible signs of excessive grease,
although it was not restricting flow at the time of the inspection. This particular manhole
receives a lot of grease from nearby restaurants. Grease is an issue in the system since there
is no enforceable Grease Trap Program.
Comment:
Pump Stations Yes No NA NE
Please list the Pump Stations Inspected:
1. Powell Lumber
2. WWTP Influent
# Number of duplex or larger pump stations in system 7
# Number of vacuum stations in system
# Number of simplex pump stations in system
# Number of simplex pump stations in system serving more than one building
How many pump/vacuum stations have:
# A two-way "auto polling" communication system (SCADA) installed?
# A simple one-way telemetry/communication system (auto-dialer) installed?7
Page 7 of 8
DocuSign Envelope ID: F1FC8676-1151-4FC4-8770-C9B5E2FC814C
Inspection Date:
Permit:
Inspection Type :
Owner - Facility:
Reason for Visit:
WQCS00170
05/03/2022 Collection System Inspect Non Sampling
Town of Bryson City
Routine
For pump stations inspected:
Are they secure with restricted access?
Were they free of by-pass structures/pipes?
Were wet wells free of excessive grease/debris?
# Do they all have telemetry installed?
Is the communication system functional?
Is a 24-hour notification sign posted ?
Does the sign include:
Owner Name?
Pump station identifier?
# Address?
Instructions for notification?
24-hour emergency contact numbers?
Are audio and visual alarms present?
Are audio and visual alarms operable?
# Is there a backup generator or bypass pump connected?
If tested during inspection, did it function properly?
Is the back-up system tested at least bi-annually under normal operating conditions?
# Does it have a dedicated connection for a portable generator?
# Is the owner relying on portable units in the event of a power outage?
# If Yes, is there a distribution plan?
If Yes, what resources (Units/Staff/Vehicles/etc) are included in Plan?
The lift stations that were inspected have permanent generators. Governor's Island and Carriger Street also
have permanent generators. A portable generator is available for the Rec. Park and RV Park lift stations.
Lackey Hill lift station can use a bypass pump with a hose adapter.
# Does Permittee have the approved percentage of replacement simplex pumps?
Is recordkeeping of pump station inspection and maintenance program adequate?
Do pump station logs include at a minimum:
Inside and outside cleaning and debris removal?
Inspecting and exercising all valves?
Inspecting and lubricating pumps and other equipment?
Inspecting alarms, telemetry and auxiliary equipment?
Log books are kept at each lift station, but the only information kept in them is the pump hours,
which is not adequate. See summary for details. The wet well cover at the WWTP Influent LS is
no longer kept open.
Comment:
Page 8 of 8
DocuSign Envelope ID: F1FC8676-1151-4FC4-8770-C9B5E2FC814C