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State of North Carolina | Environmental Quality | Water Resources
2090 US 70 Highway, Swannanoa, NC 28778
828-296-4500
CERTIFIED MAIL #:7016 1370 0001 6572 1249
RETURN RECEIPT REQUESTED
November 1, 2017
Gavin A Brown
Town of Waynesville
PO Box 100
Waynesville, NC 28786
SUBJECT: NOTICE OF VIOLATION
Tracking Number: NOV-2017-PC-0687
Unauthorized Bypass
Permit No. NC0025321
County: Haywood
Dear Mr. Brown:
A review has been conducted of the self-reported Bypass 5-Day Report submitted by Preston Gregg on October 22,
2017. The Division’s Asheville Regional Office concludes that the Town of Waynesville violated Permit Condition
Part II.C.4.c.1:Bypass from the treatment facility is prohibited and the Permit Issuing Authority may take
enforcement action against a Permittee for bypass.
Specific incident cited in the violation includes the following:
Due to power failure, a 620,000 gallon unauthorized bypass of primary effluent to Richland Creek
from the Waynesville WWTP occurred on October 22, 2017.
This Notice of Violation/Notice of Intent to Enforce (NOV/NOI) is being issued for the noted violation of North
Carolina General Statute (G.S.) 143-215.1 and the facility’s NPDES Permit. Pursuant to G.S. 143-215.6A, a civil
penalty of not more than $25,000.00 may be assessed against any person who violates or fails to act in accordance
with terms, conditions or requirements of any permit issued pursuant to G.S. 143-215.1.
Remedial actions, if not already implemented, should be taken to correct the above noncompliance. Please submit
a written response to this Notice of Violation. Your response is to be received by the regional office within 10
business days following receipt of this violation. Please include any additional documentation and a detailed
report, with timeline and actions taken following the incident. The submittal will be considered in determining
whether the Division will assess a civil penalty for the cited violations.
If you have any questions, please do not hesitate to contact Mikal Willmer with the Water Quality Section in the
Asheville Regional Office at (828) 296-4686 or via email at mikal.willmer@ncdenr.gov.
Sincerely,
G. Landon Davidson, P.G., Regional Supervisor
Water Quality Regional Operations Section
Asheville Regional Office
Division of Water Resources, NCDEQ
EC: Asheville Regional Office - WQS File
Central Files, Water Quality Section
Ronnie Norris, ORC
Preston Gregg, Town Engineer
G:\WR\WQ\Haywood\Wastewater\Municipal\Waynesville WWTP 25321\Violations\201701531-Bypass\20171101_NC0025321_NOV2017PC0687.docx