WQCS00004_NOVNOI2024FK0001_20240320

Certified Mail # 9589 0710 5270 0731 8011 57
Return Receipt Requested

March 20, 2024

Thomas E Hartye, PE
Metropolitan Sewerage District of Buncombe County North Carolina
2028 Riverside Drive
Asheville, NC 28804-3054

SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY
Tracking No.: NOV-2024-FK-0001
Sanitary Sewer Overflows/Fish Kill – March 2024
Collection System Permit No. WQCS00004
MSD Buncombe County Collection System
Buncombe County

Dear Permittee:

Regarding the Sanitary Sewer Overflow:

A review has been conducted of the self-reported Sanitary Sewer Overflows (SSO’s) 5-Day Report submitted by
Metropolitan Sewerage District of Buncombe County North Carolina. The Division’s Regional Office concludes that
the Metropolitan Sewerage District of Buncombe County North Carolina violated Permit Condition I (2) of Permit
No. WQCS00004 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 Metropolitan Sewerage District of Buncombe County North Carolina
an opportunity to provide evidence and justification as to why they 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
_________________________________________________________________________________________________________________________________________________________________________
202400593 3/7/2024 35 1226 Hendersonville Rd, Debris in line 353 353 Notice of Violation
Asheville, NC, 28803 _________________________________________________________________________________________________________________________________________________________________________

DocuSign Envelope ID: 947876CA-619C-4762-827C-B5989F4D6DF2

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.

Regarding the Fish Kill:

As a result of the release of wastewater (SSO) into Brown Branch causing a fish kill of approximately 100 fish, the
following violation was noted:

1. Violation of Water Quality Standards
a. 15A NCAC 02B .0211 (2) – Removal of Conditions Related to Best Usage of Class C Waters:
The waters shall be suitable for aquatic life propagation and maintenance of biological integrity,
wildlife, secondary recreation, and agriculture. Sources of water pollution that preclude any of these
uses on either a short-term or long-term basis shall be considered to be violating a water quality
standard.

This Notice of Violation and Notice of Intent to Enforce (NOV/NOI) is being issued for the above noted violation of
water quality standards set forth in 15A NCAC 02B .0211. These violations and any future violations are subject to
civil penalties. Pursuant to NCGS § 143-215.6A, a civil penalty of not more than twenty-five thousand dollars
($25,000) may be assessed by the Secretary against any person who violates any classification, standard,
limitation, or management practice established pursuant to NCGS §143-214.1, NCGS §143-214.2, or NCGS
§143-215. If any action or failure to act for which a penalty may be assessed under this section is continuous, the
Secretary may assess a penalty not to exceed twenty-five thousand dollars ($25,000) per day for so long as the
violation continues, unless otherwise stipulated. For violators who have not been assessed a civil penalty in the
preceding five years, the maximum penalty is ten thousand ($10,000), or ten thousand ($10,000) per day in the
case of continuing violations.

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 Lauren Armeni with the Water Quality Section in the
Asheville Regional Office at 828-296-4667 or via email at [e-mail].

Sincerely,

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

Ec: Laserfiche
DocuSign Envelope ID: 947876CA-619C-4762-827C-B5989F4D6DF2