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Home My WebLink AboutWQCS00170_NOVNOI2019DV0043_20190122 CERTIFIED MAIL: 7017 2620 0000 9759 2038 RETURN RECEIPT REQUESTED January 22, 2019 Regina Mathis, Town Manager Town of Bryson City PO Box 726 Bryson City, NC 28713-0726 SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY Tracking No.: NOV-2019-DV-0043 Sanitary Sewer Overflows - December 2018 Collection System Permit No. WQCS00170 Bryson City Collection System Swain County Dear Permittee: A review has been conducted of the self-reported Sanitary Sewer Overflows (SSO’s) 5-Day Report/s submitted by Town of Bryson City. The Division’s Asheville Regional Office concludes that the Town of Bryson City violated Permit Condition I (2) of Permit No. WQCS00170 by failing to effectively manage, maintain, and operate their collection system so that there is no SSO (Sanitary Sewer Overflow) to the land or surface waters and the SSO constituted making an outlet to waters of the State for purposes of G.S. 143-215.1(a)(1), for which a permit is required by G.S. 143-215.1. The Asheville Regional Office is providing the Town of Bryson City an opportunity to provide evidence and justification as to why the Town of Bryson City should not be assessed a civil penalty for the violation(s) that are summarized below: Total Vol Total Surface Incident Start Duration Vol Water Number Date (Mins) Location Cause (Gals) (Gals) DWR Action _________________________________________________________________________________________________________________________________________________________________________ 201803770 12/28/2018 540 45 Everett Street - Inflow and 6,000 6,000 Notice of Violation Town Hall Infiltration, Severe Natural Condition _________________________________________________________________________________________________________________________________________________________________________ DocuSign Envelope ID: AD926B32-39E4-4631-A076-3D4958733A12 This Notice of Violation / Notice of Intent to Enforce (NOV/NOI) is being issued for the noted violation. 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. 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 Beverly Price with the Water Quality Section in the Asheville Regional Office at 828-296-4500 or via email at bev.price@ncdenr.gov. 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 LF G:\WR\WQ\Swain\Collection Systems\Bryson City Collection System\SSOs\12-28-2018 SSO\20190122_WQCS00170_NOVNOI2019DV0043.rtf DocuSign Envelope ID: AD926B32-39E4-4631-A076-3D4958733A12 Certificate Of Completion Envelope Id: AD926B3239E44631A0763D4958733A12 Status: Completed Subject: Please DocuSign: 20190122_WQCS00170_NOVNOI2019DV0043.rtf Source Envelope: Document Pages: 2 Signatures: 1 Envelope Originator: Certificate Pages: 1 Initials: 0 Beverly Price AutoNav: Enabled EnvelopeId Stamping: Enabled Time Zone: (UTC-08:00) Pacific Time (US & Canada) 217 W. Jones Street Raleigh, NC 27699 Bev.Price@ncdenr.gov IP Address: 149.168.204.10 Record Tracking Status: Original 1/18/2019 1:09:29 PM Holder: Beverly Price Bev.Price@ncdenr.gov Location: DocuSign Signer Events Signature Timestamp G. Landon Davidson landon.davidson@ncdenr.gov Asheville Regional Office, Regional Supervisor DEQ, Division of Water Resources, Water Quality Regional Operatoins Security Level: Email, Account Authentication (None) Signature Adoption: Uploaded Signature Image Using IP Address: 149.168.204.10 Sent: 1/18/2019 1:10:46 PM Viewed: 1/18/2019 1:12:41 PM Signed: 1/18/2019 1:12:48 PM Freeform Signing Electronic Record and Signature Disclosure: Not Offered via DocuSign In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Carbon Copy Events Status Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 1/18/2019 1:10:46 PM Certified Delivered Security Checked 1/18/2019 1:12:42 PM Signing Complete Security Checked 1/18/2019 1:12:48 PM Completed Security Checked 1/18/2019 1:12:48 PM Payment Events Status Timestamps