HomeMy WebLinkAboutNC0025909_202201776_NOVNOI2022PC0743_December 2022 Bypass_20221212
Certified Mail # 7022 0410 0002 1249 2901
Return Receipt Requested
December 12, 2022
Doug Barrick
Town of Rutherfordton
129 North Main Street
Rutherfordton, NC 28139
Subject: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY
NOV-2022-PC-0743
Incident # 202201776
Permit No. NC0025909
Rutherfordton WWTP
Unauthorized Bypass
Rutherford County
Dear Mr. Barrick:
A review has been conducted of the Town of Rutherfordton WWTP bypass 5-Day Report that you submitted. This
review has shown the subject facility to be in violation of the requirements found in Permit NC0025909 and/or G.S.
143-215.1(a)(1). The violation that occurred is summarized below.
Permit Condition Violation Date Description Violation Type
Permit Condition
Part II.C.4.c.1:
Bypass from the treatment
facility is prohibited and the
Permit Issuing Authority
may take enforcement action
against a Permittee for
bypass.
12/05/2022 Bypass of 23,500 gallons of
secondary effluent to Cleghorn
Creek.
Permit Condition
Bypass
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 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
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in accordance with the terms, conditions, or requirements of any permit issued pursuant to G.S. 143-215.1.
Please submit a written response to this Notice of Violation. Your response is to be received by the regional office
within 10 business days following receipt of this violation. The submittal will be considered in determining
whether the Division will assess a civil penalty for the cited violations.
If you should have any questions, please do not hesitate to contact Lauren Armeni at 828-296-4667 or
lauren.armeni@ncdenr.gov.
Sincerely,
Daniel Boss, Assistant Regional Supervisor
Water Quality Regional Operations Section
Asheville Regional Office
Division of Water Resources, NCDEQ
Ec: Laserfiche
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