WQCS00143_DV20230140_20240410

DIVISION OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT

Violator: Town of Burnsville
Facility Name: Burnsville Collection System
Permit Number: WQCS00143
County: Yancey
Case Number: DV-2023-0140

ASSESSMENT FACTORS
1) The degree and extent of harm to the natural resources of the State, to the public health, or to private
property resulting from the violation;
Assessment factors not considered for stipulated penalties.

2) The duration and gravity of the violation;
Assessment factors not considered for stipulated penalties

3) The effect on ground or surface water quantity or quality or on air quality;
Assessment factors not considered for stipulated penalties

4) The cost of rectifying the damage;
Assessment factors not considered for stipulated penalties

5) The amount of money saved by noncompliance;
Assessment factors not considered for stipulated penalties

6) Whether the violation was committed willfully or intentionally;
Assessment factors not considered for stipulated penalties

7) The prior record of the violator in complying or failing to comply with programs over which the
Environmental Management Commission has regulatory authority; and
Assessment factors not considered for stipulated penalties

8) The cost to the State of the enforcement procedures.
$120.66

___________________ __________________________________________
Date Daniel Boss, Assistant Regional Supervisor
Water Quality Regional Operations Section
Asheville Regional Office
Division of Water Resources, NCDEQ
DocuSign Envelope ID: 719684C0-E357-402E-873D-0F3F35F0CD2C
4/10/2024

DocuSign Envelope ID: 719684C0-E357-402E-873D-0F3F35F0CD2C

Certified Mail # 9589 0710 5270 0731 8013 93
Return Receipt Requested

April 10, 2024

Russell Fox
Town of Burnsville
PO Box 97
Burnsville, NC 28714-0097

SUBJECT: Notice of Violation and Assessment of Civil Penalty
for Violations of North Carolina General Statute (G.S.) 143-215.1(a)(6),
Collection System Permit No. WQCS00143, and EMC SOC S21-003
Town of Burnsville
Burnsville Collection System
Case No. DV-2023-0140
Yancey County

Dear Permittee:

This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $370.66 ($250.00 civil penalty +
$120.66 enforcement costs) against Town of Burnsville.

This assessment is based upon the following facts: a review has been conducted of the Sanitary Sewer Overflow (SSO)
5-Day Report submitted by Town of Burnsville. This review has shown the subject facility to be in violation of the
requirements found in Collection System Permit No. WQCS00143, G.S. 143-215.1(a)(1), and EMC SOC S21-003. The
violation(s) that occurred are summarized in Attachment A to this letter.

Based upon the above facts, I conclude as a matter of law that Town of Burnsville violated the terms, conditions or
requirements of Collection System Permit No. WQCS00143, G.S. 143-215.1(a)(1), and EMC SOC S21-003 in the manner and
extent shown in Attachment A. In accordance with the maximums established by G.S. 143-215.6A(a)(2), a civil penalty may
be assessed against any person who violates the terms, conditions or requirements of a permit required by G.S. 143-215.1(a).

DocuSign Envelope ID: 719684C0-E357-402E-873D-0F3F35F0CD2C

Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the
Secretary of the Department of Environmental Quality and the Director of the Division of Water Resources, I, Daniel Boss,
Assistant Regional Supervisor, Asheville Regional Office hereby make the following civil penalty assessment against Town
of Burnsville:
$250.00 For 1 of the 1 violations of Collection System Permit No. WQCS00143 and G.S. 143-215.1(a)(1) for
Sanitary Sewer Overflow(s) resulting in a discharge without a valid permit.

$250.00 TOTAL CIVIL PENALTY
$120.66 Enforcement Costs
$370.66 TOTAL AMOUNT DUE

Within thirty (30) days of receipt of this notice, you must:

(1) Submit payment of the penalty

Payment should be made directly to the order of the Department of Environmental Quality (do not include waiver
form). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s).
Please submit payment to the attention of:

Attn: PERCS Branch
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617

Failure to submit payment within thirty (30) days of receipt of this letter, as evidenced by an internal
date/time received stamp (not a postmark), will result in this matter being referred to the Attorney General's Office for
collection of the penalty through a civil action. Please be advised that additional penalties may be assessed for violations
that occur after the review period of this assessment.

If you have any questions, please contact me at the Asheville Regional Office at [phone] 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

ATTACHMENTS

Ec: Laserfiche
DocuSign Envelope ID: 719684C0-E357-402E-873D-0F3F35F0CD2C

ATTACHMENT A
Town of Burnsville
CASE NUMBER: DV-2023-0140

PERMIT NO: WQCS00143 REGION: Asheville
FACILITY: Burnsville Collection System COUNTY: Yancey _____________________________________________________________________________________________________________________________________________________________________________ Other Violations _____________________________________________________________________________________________________________________________________________________________________________

INCIDENT VIOLATION TOTAL VOLUME PENALTY
NUMBER DATE VIOLATION TYPE VIOLATION DESCRIPTION (GALLONS) AMOUNT ______________________________________________________________________________________________________________________________________________________________________________ 202301509 11/2/2023 CSO/SSO(Sewer Overflow) Discharge without valid permit 5,600 $250.00 ______________________________________________________________________________________________________________________________________________________________________________
DocuSign Envelope ID: 719684C0-E357-402E-873D-0F3F35F0CD2C