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Home My WebLink AboutWQCS00170_NOVNOI2019DV0131_20190306 CERTIFIED MAIL: 7017 1070 0000 1775 9965 RETURN RECEIPT REQUESTED March 6, 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-0131 Sanitary Sewer Overflows - February 2019 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 _________________________________________________________________________________________________________________________________________________________________________ 201900340 2/12/2019 120 45 Everette St Inflow and 1,000 1,000 Notice of Violation Infiltration, Severe Natural Condition _________________________________________________________________________________________________________________________________________________________________________ DocuSign Envelope ID: 96AC3913-1E16-4965-96B3-00E8D3D95632 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 DocuSign Envelope ID: 96AC3913-1E16-4965-96B3-00E8D3D95632 Certificate Of Completion Envelope Id: 96AC39131E16496596B300E8D3D95632 Status: Completed Subject: 20190306_WQCS00170_NOVNOI2019DV0131 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: 162.248.186.11 Record Tracking Status: Original 3/5/2019 1:17:29 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: 3/5/2019 1:18:19 PM Viewed: 3/5/2019 1:29:02 PM Signed: 3/5/2019 1:29:07 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 3/5/2019 1:18:19 PM Certified Delivered Security Checked 3/5/2019 1:29:02 PM Signing Complete Security Checked 3/5/2019 1:29:07 PM Completed Security Checked 3/5/2019 1:29:07 PM Payment Events Status Timestamps