NC0025321_NOV and Intent to Assess_20190930

CERTIFIED MAIL #: 7017 1070 0000 1776 0565
RETURN RECEIPT REQUESTED

September 30, 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-0647
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
July 23, 2019. 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 115,000-gallon unauthorized bypass of primary effluent overflowed to the land from the
basin immediately upstream of the influent flume at the Town of Waynesville’s WWTP occurred
on July 23, 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.

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