NC0025909_NOV2016DV0219_20160716

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CERTIFIED MAIL: 7012 1010 0002 1965 7208
RETURN RECEIPT REQUESTED
July 05, 2016
Mr. Doug Barrick
Town of Rutherfordton
Rutherfordton WVUTP
129 North Main Street
Rutherfordton, North Carolina 28139
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SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY
Tracking No.: NOV-2016-DV-0219
Rutherfordton WWTP
NPDES Permit No. NCO025909
Rutherford County
Dear Permittee:
JUL 12 2016
water Quality
Permitting Sec ion
A review has been conducted of Rutherfordton WWTP's self-reported 5 -Day Report submitted by Town of
Rutherfordton. This review has shown the subject facility_ to be in violation of the requirements found in
Permit NCO025909 Part II Section C 4. The violation that occurred is summarized below.
Area
Violation Date
Description
Violation Type
WWTP
DWQ Incident # 201600652
03/02/2016
Bypass at the digester.
593 gallons (Cleghorn Creek)
Part II, Section C 4.
Bypass of Treatment Unit
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 15 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.
State of North Carolina I Environmental Quality I Water Resources

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 Tim Heim with the Water Quality
Section in the Asheville Regional Office at 828-296-4500 or via email at [e-mail].
Sincerely,
G. Landon Davidson, P.G., Regional Supervisor
Water Quality Regional Operations, NCDEQ
Asheville Regional Office
Cc: Philip Reynolds, ORC
MSC 1617 -Central Files -Basement
WQ Enforcement/ NPDES Point Source Branch
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State of North Carolina I Environmental Quality I Water Resources