NC0025321_Enforcement (Letter)_20190206

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. NC0025321
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.

DocuSign Envelope ID: 4444559C-E150-4A57-BB0C-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,

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_NC0025321_NOVNOI2019PC0049
DocuSign Envelope ID: 4444559C-E150-4A57-BB0C-1213B4F7339D