WQCS00084_NOV-2023-DV-0416_20231205 (2)

Certified Mail # 9589 0710 5270 0731 7972 14
Return Receipt Requested

December 5, 2023

Wilson Hooper, City Manager
City of Brevard
95 W Main St
Brevard, NC 28712

SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY
Tracking No.: NOV-2023-DV-0416
Sanitary Sewer Overflows - November 2023
Collection System Permit No. WQCS00084
Brevard Collection System
Transylvania County

Dear Permittee:

A review has been conducted of the self-reported Sanitary Sewer Overflows (SSO’s) 5-Day Report/s submitted by
City of Brevard. The Division’s Asheville Regional Office concludes that the City of Brevard violated Permit
Condition I (2) of Permit No. WQCS00084 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 City of Brevard an opportunity to provide evidence and justification
as to why the City of Brevard 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
_________________________________________________________________________________________________________________________________________________________________________
202301580 11/27/2023 135 3226 WILSON ROAD, Pipe Failure 65,000 65,000 Notice of Violation
BREVARD, NC 28768 (Break) _________________________________________________________________________________________________________________________________________________________________________

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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 Mara Chamlee with the Water Quality Section in
the Asheville Regional Office at 828-296-4657 or via email at [e-mail].

Sincerely,

Daniel J. Boss, Acting Regional Supervisor
Water Quality Regional Operations Section
Asheville Regional Office
Division of Water Resources, NCDEQ

Ec: Laserfiche, Billy Dodson (ORC)
DocuSign Envelope ID: E0319AF1-735A-4A24-9ABF-42C512208F1B