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HomeMy WebLinkAboutNC0060534_NOV2018PC0091_20180320Water Resources EHVERCWHENTAL GUAUiY CERTIFIED MAIL #: 7017 1070 0000 1775 9842 RETURN RECEIPT REQUESTED March 19, 2018 Jim Fatland City of Brevard 95 W Main St Brevard, NC 28712 SUBJECT: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY Tracking Number: NOV-2018-PC-0091 Unauthorized Bypass - February 2018 NPDES Permit No. NCO060534 Brevard Wastewater Treatment Plant Transylvania County Dear Permittee: Ploy COOPER GoTerra r 1\11CHAEL S. RE.GAN secrelm-y LINDA CULPEPPER Aterim Direcwr A review has been conducted of the self-reported Bypass initially submitted by Tom Williams on February 11, 2018. The Division's Asheville Regional Office concludes that the City of Brevard violated Permit Condition Part I I. 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 heavy rain and I&I in the collection system, a 10,000 -gallon unauthorized bypass of wastewater occurred from the Brevard WWTP (After the headworks) to The French Broad River on February 11, 2018. 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 15 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. State of North Carolina I Environmental Quality I Water Resources 2090 U.S. 70 Highway, Swannanoa, NC 28778 828-296-4500 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) 296-4686 or via email at tim.heim@ncdenr.gov Sincerely, Cc: WQS-ARO Server LF G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDEQ 20180319_NC0060534_NOV2018PC0091. Docx State of North Carolina I Environmental Quality I Water Resources 2090 U.S. 70 Highway, Swannanoa, NC 28778 828-296-4500