NC0021369_NOV and Intent to Assess_20180807

North Carolina Department of Environmental Quality  Division of Water Resources
2090 US 70 Highway, Swannanoa, NC 28778
828.296.4500

Certified Mail # 7017 2620 0000 9759 4957
Return Receipt Requested

August 7, 2018

Tim Barth, Town Manager
Town of Columbus
PO Box 146
Columbus, NC 28722

SUBJECT: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY
Tracking Number: NOV-2018-DV-0222
Unauthorized Residuals Bypass
Permit No. NC0021369
Columbus WWTP
Polk County

Dear Permittee:

A review has been conducted of the self-reported Bypass 5-Day Report submitted by Trevor McMinn on July 26,
2018. The Division’s Asheville Regional Office concludes that the Town of Columbus 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 a partially open inline check valve, a 900 gallon unauthorized bypass of stabilized sludge to an
unnamed tributary to White Oak Creek from the Columbus WWTP occurred on July 24, 2018.

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
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North Carolina Department of Environmental Quality  Division of Water Resources
2090 US 70 Highway, Swannanoa, NC 28778
828.296.4500

in accordance with the terms, conditions, or requirements of any permit issued pursuant to G.S. 143-215.1.

If you wish to provide additional information regarding the noted violation, request technical assistance, or
discuss overall compliance please respond in writing within ten (10) business days after receipt of this Notice. A
review of your response will be considered along with any information provided on the submitted Monitoring
Report(s). You will then be notified of any civil penalties that may be assessed regarding the violations. If no
response is received in this Office within the 10-day period, a civil penalty assessment may be
prepared.

Remedial actions should have already been taken to correct this problem and prevent further occurrences in the
future. The Division of Water Resources may pursue enforcement action for this and any additional violations of
State law. If the violations are of a continuing nature, not related to operation and/or maintenance problems,
and you anticipate remedial construction activities, then you may wish to consider applying for a Special Order by
Consent.

If you have any questions concerning this matter, please contact Beverly Price with the Asheville Regional Office at
[phone] 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

Ec: Trevor McMinn, ORC
ARO WQS Server
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