WQCS00091_NOVNOI2023DV0402_20231116

DocuSign Envelope ID: 15B38439-9540-415A-AF38-48160175332C
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 7971 08
Return Receipt Requested
November 16, 2023
Darlene J Butler, Town Manager
Town of Spruce Pine
PO Box 189
Spruce Pine, NC 28777-0189
SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY
Tracking No.: NOV-2023-DV-0402
Sanitary Sewer Overflows - November 2023
Collection System Permit No. WQCS00091
Spruce Pine Collection System
Mitchell 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 Spruce Pine. The Division's Asheville Regional Office concludes that the Town of Spruce Pine violated
Permit Condition I (2) of Permit No. WQCS00091 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 Spruce Pine an opportunity to provide evidence and
justification as to why the Town of Spruce Pine should not be assessed a civil penalty for the violation(s) that are
summarized below:
Incident Start Duration
Number Date (Minn) Location
Total Vol
Total Surface
Vol Water
Cause (Gals) (Gals) DWR Action
202301541 11/14/2023 77 246 TAPPAN STREET, Pipe Failure (Break) 10,000 10,000 Notice of Violation
SPRUCE PINE, , 28777
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DocuSign Envelope ID: 15B38439-9540-415A-AF38-48160175332C
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
Phillip Hise (ORC)
Sincerely,
EP
DocuSigned 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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