NC0025321_NOV and Intent to Assess_20190129

DocuSign Envelope ID: 4444559C-E150-4A57-BBOC-1213B4F7339D
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Director
NORTH CAROLINA
Environmental Quality
CERTIFIED MAIL #:7017 2620 0000 9759 2113
RETURN RECEIPT REQUESTED
January 29, 2019
Gavin Brown, Mayor
Town of Waynesville
PO Box 100
Waynesville, NC 28786
SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY
Tracking Number: NOV-2019-PC-0049
Unauthorized Bypass
Permit No. NCO025321
County: Haywood
Dear Mr. Brown:
A review has been conducted of the self -reported Bypass 5-Day Report submitted by Mark Jones on
October 15, 2018. The Division's Asheville Regional Office (ARO) concludes that the Town of Waynesville
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 45,000-gallon unauthorized bypass of primary effluent to Richland Creek from the Town of
Waynesville's WWTP occurred on January 3, 2019.
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 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. A detailed timeline of the immediate
response and corrective action taken to abate the bypass by facility staff was submitted along with the 5-
day report. The ARO requests the Town include any additional documentation regarding the long-term plan
to help prevent further equipment failures. The submittal will be considered in determining whether the
Division will assess a civil penalty for the cited violations.
D E Qo-
Nth Carolina Department of Environmental Quality I Division of Water Resources
Asheville Regional Office 12090 U.S. Highway 70 1 Swannanoa, North Carolina 28778
NORTH CAHOLINA
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828.296.4500

DocuSign Envelope ID: 4444559C-E150-4A57-BBOC-1213B4F7339D
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,
DocuSigned by:
r-� 7E617A38285848C...
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
Mark Jones, WWTP ORC
Preston Gregg, PE
G:\WR\WQ\Haywood\Wastewater\Municipal\Waynesville WWTP 25321\Violations\Bypasses\201900064-
Bypass\20190129_NCO025321_NOVNOI2019PCO049