NC0071323_NOV2017DV0303_20171201

State of North Carolina | Environmental Quality | Water Resources
2090 U.S. 70 Highway, Swannanoa, NC 28778
828-296-4500

CERTIFIED MAIL# 7016 1370 0001 6572 2291
RETURN RECEIPT REQUESTED

December 04, 2017

Thomas Kilpatrick
PO Box 1659
Etowah, NC 28729

SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY
Tracking No.: NOV-2017-DV-0303
Unauthorized Sewage Bypass
Permit No. NC0071323
Henderson County

Dear Mr. Kilpatrick:

A review has been conducted of the self-reported Unauthorized Bypass 5-Day Report submitted by yourself. The
Division’s Asheville Regional Office concludes that the unauthorized sewage bypass violated Permit Condition
Part II Section C (4)(c) of Permit No. NC0071323 by failing to effectively manage, maintain, and operate the
facility to prevent an unauthorized outlet to waters of the State for purposes of G.S. 143-215.1(a)(1), for which
a permit is required by G.S. 143-215.1.

The Asheville Regional Office is providing you an opportunity to provide evidence and justification as to why you
should not be assessed a civil penalty for the violation that is summarized below:

Location Date Cause Total Volume Vol. to Surface Water
Influent Pump Station 10-23-2017 I & I, Severe Rain 27,300 gal 25,000 gal

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 10 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. 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.
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State of North Carolina | Environmental Quality | Water Resources
2090 U.S. 70 Highway, Swannanoa, NC 28778
828-296-4500

If you have any questions, please do not hesitate to contact Daniel Boss 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 Section
Asheville Regional Office
Division of Water Resources, NCDEQ

Cc: WQS Asheville Regional Office - Enforcement File
NPDES Compliance/Enforcement Unit - Enforcement File

20171201_NC0071323_NOVNOI2017DV0303.rtf

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