NC0024911_NOV-2019-PC-0251 NOI_20190411

DocuSign Envelope ID: 15201DF8-1505-4C9A-AD9C-397B41ABFF35
ROY COOPER
Gawerrmor
K41CHAEL S. REGAN
Seererary
LINDA CULPEPPER
arrfftor
Certified Mail # 7017 1070 0000 1776 0121
Return Receipt Requested
NORTH CAROLINA
€nvironmenml Quality
April 11, 2019
Thomas E Hartye, PE
Metropolitan Sewerage District of Buncombe County North Carolina
2028 Riverside Dr.
Asheville, NC 28804-3054
SUBJECT: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY
Tracking Number: NOV-2019-PC-0251
Permit No. NCO024911
Unauthorized Bypass February 2019
County: Buncombe
Dear Permittee:
A review has been conducted of the self -reported Bypass 5-Day Report submitted by Peter Weed on March 1,
2019. The Division's Asheville Regional Office (ARO) concludes that the Metropolitan Sewerage District of
Buncombe County violated:
Permit Condition Part II.C.4.c.1: By 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 10,000-gallon unauthorized bypass of primary effluent to the French Broad River from the MSD's
WWTP occurred on February 26, 2019.
A Notice of Violation/Intent to Issue Civil Penalty 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 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.

DocuSign Envelope ID: 15201DF8-1505-4C9A-AD9C-397B41ABFF35
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.
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 Server, LF
G:\WR\WQ\Buncombe\Wastewater\Municipal\MSD FBR WRF 24911\Bypass Upset\2-2019\20190411_NC0024911_NOVNOI2019PCO251.rtf