NC0026573_NOV and Intent to Assess_20190408

DocuSign Envelope ID: BEAF475D-C45C-4BC1-8E8A-A1F2F33C4DD9
ROY COOPER
Governor
K4ICHAEL S. REGAN
5ecrerury
LINDA CULPEPPER
01Wtor
Certified Mail # 7017 1070 0000 1776 0114
Return Receipt Reauested
Ronnie Thompson
City of Morganton
305 E Union St
Morganton, NC 28655
NORTH CAROLINA
Environmental Quality
April 8, 2019
SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY
Tracking Number: NOV-2019-PC-235
Unauthorized Bypass
Permit No. NCO026573
County: Burke
Dear Mr. Thompson:
A review has been conducted of the self -reported Bypass 5-Day Report submitted by Eli Self on February 18,
2019. The Division's Asheville Regional Office (ARO) concludes that the City of Morganton 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 24,000-gallon unauthorized bypass of primary effluent to Hunting Creek from the City of
Morganton's WWTP occurred on February 18, 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. The submittal will be considered in determining
whether the Division will assess a civil penalty for the cited violations.

DocuSign Envelope ID: BEAF475D-C45C-4BC1 -8E8A-A1 F2F33C4DD9
If you have any questions, please do not hesitate to contact Linda Wiggs with the Water Quality Section in the
Asheville Regional Office at [phone] or via email at [e-mail].
Sincerely,
DocuSigned by:
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
G:\WR\WQ\Burke\Wastewater\Municipal\Morganton WWTP 26573\Bypass Upset\February 2019\20190408_NC0026573_NOVNOI2019PCO235.rtf