NC0026654_PC-2017-0033_20170717

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Certified Mail # 70161370 0001 6571 9628
Return Receipt Requested Requested
July 17, 2017
Edward T Vance
Town of Crossnore
PO Box 129
Crossnore, NC 28616-0129
SUBJECT Notice of Violation and Assessment of Civil Penalty
for Violations of NC General Statute (G S ) 143-215 1(a)(6)
and NPDES WW Permit No NCO026654
Town of Crossnore
Crossnore WWTP
Case No PC -2017-0033
Avery County
Dear Permittee
ROY COOPER
000 -am,
N11CHAEL S. REGAN
SM"y
S. JAY ZIIv MERMAN
D for
RECEIVEDIMCDEWWR
JUL 21 2017
Water Quality
Permitting Section
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $1,702 36 ($1,500.00 civil penalty
+ $202.36 enforcement costs) against Town of Crossnore
This assessment is based upon the following facts an inspection of the Crossnore WWTP was conducted on May 24, 2017.
This inspection was conducted to verify that the facility is operating in compliance with the conditions and lunitations
specified in NPDES WW Permit No NC0026654. This inspection has shown the subject facility to be in violation of the
conditions and limitations found in NPDES WW Permit No NCO026654 The violations found during the inspection are
summarized in Attachment A to this letter
Based upon the above facts, I conclude as a matter of law that Town of Crossnore violated the terms, conditions or
requirements of NPDES WW Permit No NCO026654 and G S 143-215 1(a)(6) 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)
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, G Landon Davidson,
P G, Regional Supervisor, Asheville Regional Office hereby make the following civil penalty assessment against Town of
Crossnore
State of North Carolina I Environmental Quality I Water Resources
2090 U S 70 Highway, Swannanoa, NC 28778
828-296-4500

$1,500.00 For 2 of the 2 violations of the conditions and limitations specified in Permit No. NC0026654 .
$1,500 00 TOTAL CIVIL PENALTY
$202.36 Enforcement Costs
$1,70236 TOTAL AMOUNT DUE
Pursuant to G S 143-215 6A(c), in determining the amount of the penalty I have taken into account the Findings of Fact and
Conclusions of Law and the factors set forth at G S 143B -282.1(b), which are:
(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;
(2) The duration and gravity of the violation,
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance,
(6) Whether the violation was committed willfully or intentionally;
(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
(8) The cost to the State of the enforcement procedures.
Within thirty (30) days of receipt of this notice, you must do one of the following
(1) Submit payment of the penalty, OR
(2) Submit a written request for remission, OR
(3) Submit a written request for an administrative hearing
Option 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:
Wastewater Branch
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617

Option 2: Submit a written request for remission or mitigation including a detailed justification for such
request:
Please be aware that a request for remission is limited to consideration of the five factors listed below as they may
relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper
procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in
the civil penalty assessment document. Because a remission request forecloses the option of an administrative hearing,
such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation and
agreement that no factual or legal issues are in dispute. Please prepare a detailed statement that establishes why you
believe the civil penalty should be remitted, and submit it to the Division of Water Resources at the address listed below.
In determining whether a remission request will be approved, the following factors shall be considered
(1) whether one or more of the civil penalty assessment factors in NCGS 143B-282 1(b) was wrongfully
applied to the detriment of the petitioner;
(2) whether the violator promptly abated continuing environmental damage resulting from the violation,
(3) whether the violation was inadvertent or a result of an accident,
(4) whether the violator had been assessed civil penalties for any previous violations; or
(5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions.
Please note that all evidence presented in support of your request for remission must be submitted in writing The
Director of the Division of Water Resources will review your evidence and inform you of his decision in the matter of
your remission request. The response will provide details regarding the case status, directions for payment, and
provision for further appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty
Remissions (Committee) Please be advised that the Committee cannot consider information that was not part of the
original remission request considered by the Director Therefore, it is very important that you prepare a complete and
thorough statement in support of your request for remission.
In order to request remission, you must complete and submit the enclosed "Request for Remission of Civil Penalties,
Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form within thirty 30) dUs of receipt of this
notice. The Division of Water Resources also requests that you complete and submit the enclosed "Justification for
Remission Request."
Both forms should be submitted to the following address
Wastewater Branch
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617

Option 3: File a petition for an administrative hearing with the Office of Administrative Hearings:
If you wish to contest any statement in the attached assessment document you must file a petition for an administrative
hearing You may obtain the petition form from the Office of Administrative Hearings You must file the petition with
the Office of Administrative Hearings within thirty (30) days of receipt of this notice A petition is considered filed
when it is received in the Office of Administrative Hearings during normal office hours. The Office of Administrative
Hearings accepts filings Monday through Friday between the hours of 8.00 a.m and 5:00 p.m., except for official state
holidays The petition may be filed by facsimile (fax) or electronic mail by an attached file (with restrictions) - provided
the signed original, one (1) copy and a filing fee (if a filing fee is required by NCGS §150B-23.2) is received in the
Office of Administrative Hearings within seven (7) business days following the faxed or electronic transmission You
should contact the Office of Administrative Hearings with all questions regarding the filing fee and/or the details of the
filing process
The mailing address and telephone and fax numbers for the Office of Administrative Hearings are as follows:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Tel. [phone]
Fax- [phone]
One (1) copy of the petition must also be served on DEQ as follows.
Mr William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, North Carolina 27699-1601
Please indicate the case number (as found on page one of this letter) on the petition
Failure to exercise one of the options above within thirty (30) days of receipt of this letter, as evidenced by an internal
date/time received stamp (not a postmark), will result L-1 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 Daniel Boss with the Division of Water Resources staff of the Asheville Regional
Office at [phone] or via email at daniel.bossCwncdenr.gov.
Sincerely,
G. Landon Davidson, P.G., Regional upervisor
Water Quality Regional Operations Section
Asheville Regional Office
Division of Water Resources, NCDEQ
ATTACHMENTS
Cc. WQS Asheville Regional Office - Enforcement File
NPDES Compliance/Enforcement Unit - Enforcement File

JUSTIFICATION FOR RENIISSION REQUEST
Case Number: PC -2017-0033
Assessed Party: Town of Crossnore
Permit No.: NC0026654
County: Avery
Amount Assessed: $1,702 36
Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission,
Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form to request remission of this civil penalty.
You should attach any documents that you believe support your request and are necessary for the Director to consider in
evaluating your request for remission. Please be aware that a request for remission is limited to consideration of the five
factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting
remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual
statements contained in the civil penalty assessment document. Pursuant to N C G S § 143B-282 1(c), remission of a civil
penalty may be granted only when one or more of the following five factors apply. Please check each factor that you
believe applies to your case and provide a detailed explanation, including copies of supporting documents, as to why the
factor applies (attach additional pages as needed).
(a) one or more of the civil penalty assessment factors in N C.G S. 143B-282 1(b) were wrongfully applied to the
detriment of the petitioner (the assessment factors are listed in the civil penalty assessment document),
(b) the violator promptly abated continuing environmental damage resulting from the violation (i e, explain the
steps that you took to correct the violation and prevent future occurrences),
(c) the violation was inadvertent or a result of an accident (i. e , explain why the violation was unavoidable or
something you could not prevent or prepare for);
(d) the violator had not been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions (i e, explain
how payment of the civil penalty will prevent you from performing the activities necessary to achieve
compliance)
EXPLANATION:

STATE OF NORTH CAROLINA
COUNTY OF AVERY
IN THE MATTER OF ASSESSMENT )
OF CIVIL PENALTIES AGAINST )
Town of Crossnore )
Crossnore WWTP )
DEPARTMENT OF ENVIRONMENTAL QUALITY
WAIVER OF RIGHT TO AN
ADnIINISTRATIVE HEARING AND
STIPULATION OF FACTS
PERMIT NO. NCO026654 1 CASE NO. PC -2017-0033
Having been assessed civil penalties totaling $1,702.36 for violation(s) as set forth in the assessment document of the
Division of Water Resources dated, the undersigned, desiring to seek remission of the civil penalty, does hereby waive the
right to an administrative hearing in the above -stated matter and does stipulate that the facts are as alleged in the
assessment document. The undersigned further understands that all evidence presented in support of remission of this civil
penalty must be submitted to the Director of the Division of Water Resources within thirty (30) days of receipt of the notice
of assessment No new evidence in support of a remission request will be allowed after (30) days from the receipt of the
notice of assessment.
This the day of , 20
SIGNATURE
ADDRESS
TELEPHONE

ATTACHMENT A
Town of Crossnore
CASE NUMBER: PC -2017-0033
PERMIT NO:
NCO026654
REGION: Asheville
FACILITY:
Crossnore VVVVTP
COUNTY: Avery
VIOLATION
VIOLATION
PENALTY
DATE
AREA
TYPE VIOLATION DESCRIPTION
AMOUNT
5/24/2017
Operations & Maintenance
Violation detected during Failure to maintain adequate equipment
$50000
inspection for preventing overflows
5/24/2017
Equalization Basins
Violation detected during Illegal bypass of about 20,000 gallons
$1,00000
inspection of sewage from the equalization basin

DIVISION OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT
Violator: Town of Crossnore
Facility Name: Crossnore WWTP
Permit Number: NC0026654
County: Avery
Case Number: PC -2017-0033
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;
All effluent violations may be detrimental to the receiving stream but may not be immediately quantified.
2) The duration and gravity of the violation;
The bypass occurred for about 24 hrs, releasing an estimated 20,000 gallons of partially treated wastewater from
the EQ basin.
3) The effect on ground or surface water quantity or quality or on air quality;
All effluent violations may be detrimental to the receiving stream but may not be immediately quantified.
4) The cost of rectifying the damage;
The cost is unknown.
5) The amount of money saved by noncompliance;
Unknown but would include money saved by not purchasing backup pump, not paying pump truck fees.
6) Whether the violation was committed willfully or intentionally;
Unknown.
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
No enforcements in the last 12 months.
8) The cost to the State of the enforcement procedures.
$202.36
0-?- • I'+ o 11 --
Date 1 -Date G. Landon Davidson, P.G., Regional u sor
Water Quality Regional Operations Section
Asheville Regional Office
Division of Water Resources, NCDEQ