WQCS00170_NOVNOI2019DV0375_20191002

CERTIFIED MAIL: 7017 1070 0000 1776 0572
RETURN RECEIPT REQUESTED

October 02, 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-0375
Sanitary Sewer Overflows - August 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 _________________________________________________________________________________________________________________________________________________________________________
201901317 8/1/2019 30 45 Everett St (Town Debris in line, Inflow 330 330 Notice of Violation
Hall Parking Lot) and Infiltration,
Severe Natural
Condition _________________________________________________________________________________________________________________________________________________________________________
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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 Janet Cantwell with the Water Quality Section in
the Asheville Regional Office at 828-296-4500 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

Cc: WQS/ ARO File
Laserfiche

G:\WR\WQ\Swain\Collection Systems\Bryson City Collection System WQCS00170\SSOs\2019 AUGUST\20191002_WQCS00170_NOV2019DV0375.rtf

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