WQCS00143_NOVNOI2023DV0394_20231113

DocuSign Envelope ID: 83BB4809-8348-43D0-91DD-67A6370F7913
ROY COOPER
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ELIZABETH S. BISER
Secrnrary
RICHARD E. ROGERS, JR.
NORTH CAROLINA
Director
Environmental Quality
Certified Mail # 9589 0710 5270 0731 7970 23
Return Receipt Requested
November 13, 2023
Russell Fox
Town of Burnsville
PO Box 97
Burnsville, NC 28714-0097
SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY
Tracking No.: NOV-2023-DV-0394
Sanitary Sewer Overflows - November 2023
Collection System Permit No. WQCS00143
Burnsville Collection System
Yancey 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 Burnsville. The Division's Asheville Regional Office concludes that the Town of Burnsville violated Permit
Condition I (2) of Permit No. WQCS00143 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 Burnsville an opportunity to provide evidence and
justification as to why the Town of Burnsville 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 (Minn) Location Cause (Gals) (Gals) DWR Action
202301509 11/2/2023 80 515 EAST UNITED Debris in line, Grease 5,600 5,600 Notice of Violation
STATES HIGHWAY
19E, BURNSVILLE, ,
28714
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DocuSign Envelope ID: 83BB4809-8348-43D0-91DD-67A6370F7913
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 Rachel Rose with the Water Quality Section in the
Asheville Regional Office at 828-296-4500 or via email at [e-mail].
Ec: Laserfiche
Shane Dale (ORC)
Sincerely,
EvDocuSigned by:
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Daniel 1. Boss, Acting Regional Supervisor
Water Quality Regional Operations Section
Asheville Regional Office
Division of Water Resources, NCDEQ
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