NC0039578_NOV2016DV0218_20160716

CERTIFIED MAIL: 7012 1010 00021965 7215
RETURN RECEIPT REQUESTED
July 05, 2016
Mr. Dan Harbaugh
Tuckaseigee Water & Sewer Authority
1246 West Main Street
Sylva, North Carolina 28779
SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY
Tracking No.: NOV-2016-DV-0218
Jackson County WWTP/ TWSA #1
NPDES Permit No. NCO039578
Rutherford County
Dear Permittee:
(RECEIVED/NCDEQ/DWR
JUL 12 1016
Water Qualittyy
Permitting Seofl®n
A review has been conducted of TWSA #1 WWTP's self-reported 5 -Day Report submitted by The
Tuckasegee Water and Sewer Authority. This review has shown the subject facility to be in violation of the
requirements found in Permit NCO039578 Part II Section C 4. The violation that occurred is summarized
below.
Area Violation Date
Description
Violation Type
WWTP 06/06/2016
DWQ Incident # 201601071
Bypass at WWTP MH.
30,000 gallons (Tuckasegee River)
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: Stan Bryson/ ORC/ Superintendent
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