NC0021229_NOV and Intent to Assess_20180702

DocuSign Envelope ID: 3EFOODE5-OB82-43C2-951A-E6F11759F2FC
Water Resources
@NviROHNENTAL QuALRTY
Certified Mail # 7017 2620 0000 9759 4483
Return Receipt Requested
July 3, 2018
Rick Hensley
Town of Old Fort
38 Catawba Ave
Old Fort, NC 28762-0520
SUBJECT: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY
Tracking Number: NOV-2018-PC-0213
Permit No. NCO021229
Old Fort WWTP
McDowell County
Dear Mr. Hensley:
ROY COOPER
Govffnar
MICHAEL S. REGAN
Secretary
S. JAY ZIMMERMAN
Urr ockv
A review has been conducted of the 5-Day Report submitted by the Town of Old Fort. The Division's Regional
Office concludes that the town of Old Fort violated Permit Condition Part II.C.4.c.1 by the occurrence of an
unauthorized bypass of partially treated sewage.
The Asheville Regional Office is providing the Town of Old Fort an opportunity to provide evidence and justification
as to why the Town of Old Fort should not be assessed a civil penalty for the violation summarized below:
Total Vol
Total Surface
Incident Start Duration Vol Water
Number Date (Mips) Location Cause (Gals) (Gals) DWR Action
201800821 5/30/2018 360 WWTP Bar Screen Equipment failure 375,000 300,000 Notice of Violation
Part II Sec. C (2) c Bypass from the treatment facility is prohibited and the Permit Issuing Authority may take
enforcement action against a permittee for bypass
A Notice of Violation/Intent to Issue Civil Penalty 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 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.
State of North Carolina I Environmental Quality I Water Resources
2090 U.S. 70 Highway, Swannanoa, NC 28778
828-296-4500

DocuSign Envelope ID: 3EFOODE5-OB82-43C2-951A-E6F11759F2FC
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.
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,
EDocuSigned by:
G 1� ��.
62761D2775374D0...
(for) G. Landon Davidson, P.G., Regional Supervisor
Water Quality Regional Operations Section
Asheville Regional Office
Division of Water Resources, NCDEQ
Ec: ARO WQS Server
20180702_NCO021229_NOVNOI2018PCO213. rtf