NC0028975_NOV-2018-PC-0419_20181113

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

November 13, 2018

Jonathan Cannon, City Manager
City of Saluda
PO Box 248
Saluda, NC 28773

SUBJECT: NOTICE OF VIOLATION
Tracking Number: NOV-2018-PC-0419
Upset
Permit No. NC0028975
County: Polk

Dear Mr. Cannon:

A review has been conducted of the self-reported Upset 5-Day Report submitted by Trevor McMinn on
October 19, 2018. The Division’s Asheville Regional Office concludes that the City of Saluda violated the
Permit Requirement under Part I.A(1) There shall be no discharge of floating solids or visible foam in other
than trace amounts.

Specific incident cited in the violation includes the following:
Loss of solids from the City of Saluda’s WWTP to Joel’s Creek occurred for approximately 9
hours on October 11, 2018.

This Notice of Violation is being issued for the noted violation of North Carolina General Statute (G.S.) 143-
215.1 and the facility’s NPDES Permit. Please note an Upset is defined as “an incident beyond the
reasonable control of the Permittee causing unintentional and temporary noncompliance with permit effluent
limitations and/or monitoring requirements”. To prove an upset occurred, the permittee is required to
demonstrate Section C.5 (Upsets) parts b and c of the Standard Conditions for NPDES Permits are applicable
to the incident.

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. The 5-day Report stated approximately 5”
of rain fell over a 9-hour period. Please include any additional documentation you believe supports
classifying this incident as an upset.

DocuSign Envelope ID: 99183EED-AB92-4A68-A68B-CC89C1C633CE
If you have any questions, please do not hesitate to contact Mikal Willmer with the Water Quality Section in
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: WQS-ARO Server
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G:\WR\WQ\Polk\Wastewater\Municipal\Saluda WWTP 28975\Bypass, Upset & Spills\Michael\20181113_NC0028975_NOV2018PC0419.docx

DocuSign Envelope ID: 99183EED-AB92-4A68-A68B-CC89C1C633CE