NC0021369_NOV and Intent to Assess_20181113

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 6401
RETURN RECEIPT REQUESTED

November 13, 2018

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

SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY
Tracking Number: NOV-2018-PC-0420
Upset
Permit No. NC0021369
County: Polk

Dear Mr. Barth:

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 Town of Columbus 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 Town of Columbus’ WWTP to Whiteoak Creek occurred for
approximately 9 hours on October 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. 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.

DocuSign Envelope ID: 7C89DC46-50AC-4F24-BE26-6CBA2314DA91
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 10 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. The submittal will be considered in determining whether the Division
will assess a civil penalty for the cited violations.

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\Columbus WWTP 21369\Bypasses, Upsets & Spills\Michael\20181113_NC0021369_NOVNOI2018PC0420

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