NC0025984_NOV and Intent to Assess_20190129

CERTIFIED MAIL #:7017 2620 0000 9759 2106
RETURN RECEIPT REQUESTED

January 29, 2019

John Condrey, City Manager
Town of Forest City
PO Box 728
Forest City, NC 28043-0728

SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY
Tracking Number: NOV-2018-PC-0418
Unauthorized Bypass
Permit No. NC0025984
County: Rutherford

Dear Mr. Condrey:

A review has been conducted of the self-reported Bypass 5-Day Report submitted by Sonny Penson on
October 15, 2018. The Division’s Asheville Regional Office concludes that the Town of Forest City
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:
A 44,880-gallon unauthorized bypass of untreated wastewater to the Second Broad River from
the Forest City WWTP occurred 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.

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 response to this correspondence will be
considered in this process. The 5-day Report indicated 4.8” of rain fell over an 8-hour period. This amount
of rain over an 8-hour period, would approach a 25-year storm event. Please include any additional
documentation that can verify the duration and total rainfall. The submittal will be considered in
determining whether the Division will assess a civil penalty for the cited violations.

DocuSign Envelope ID: 805169F9-056C-49BA-967A-BAEA8909DE49

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
LF
Sonny Penson, WWTP ORC

G:\WR\WQ\Rutherford\Wastewater\Municipal\Forest City WWTP 25984\Bypass, Upsets,
Spills\Michael\201803072\20190129_NC0025984_NOVNOI2018PC0418

DocuSign Envelope ID: 805169F9-056C-49BA-967A-BAEA8909DE49