NC0089095_Enforcement_20191021 (3)

DIVISION OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT

Violator: A&D Water Service Inc
Facility Name: High Vista Falls WWTP
Permit Number: NC0089095
County: Henderson
Case Number: PC-2019-0056

ASSESSMENT FACTORS
1) The degree and extent of harm to the natural resources of the State, to the public health, or to private
property resulting from the violation;
The facility has an extensive history (2015 - present) of effluent limit violations that include, but are not limited to, total
suspended solids (TSS) and biological oxygen demand (BOD). The facility’s damaged tertiary filters are necessary for the
facility to properly treat the wastewater being discharged. Without the tertiary filters, the facility cannot comply with the
permit effluent limits. The existing limits are designed to protect the receiving stream: Line Creek (6-59), a Class C
stream that ultimately discharges to the French Broad River (6-(54.75)), a Class B stream.

2) The duration and gravity of the violation;
It’s unknown how long the tertiary filters have been damaged. The permittee has not performed flow-proportional
monitoring as required by the permit (from 6/12/2019 to the present). The facility violated effluent limits 54 times
between 1/1/2019 and 8/31/2019. The most severe effluent limit violation was 577 percent above the effluent limit for
ammonia nitrogen in March of 2019. It’s unknown how long the chart recorder has been inoperable.

3) The effect on ground or surface water quantity or quality or on air quality;
The effect on surface water quality is not immediately quantifiable. The discharge of TSS and BOD above effluent limits
can negatively impact fish and benthic macroinvertebrates in the stream. The discharge of fecal coliform above the
effluent limit could pose a health risk to users of the stream downstream of the discharge.

4) The cost of rectifying the damage;
Any resulting environmental damage has not been quantified.

5) The amount of money saved by noncompliance;
The amount of money saved would include the deferred cost of repairing the tertiary filter media and the cost of purchasing
a new flow meter and/or sampler to allow for flow-proportional sampling.

6) Whether the violation was committed willfully or intentionally;
Both violations are willful as the permittee knew the tertiary filters were damaged or compromised and that flow
proportional composite sampling was required pursuant to the permit. Multiple civil penalty assessments and Notices of
Violation (NOVs) have been issued prior to this case, and the permittee has intentionally failed to address these facility’s
deficiencies. A response was not received to NOV-2019-PC-0604 which cited the violations in this civil penalty.

7) The prior record of the violator in complying or failing to comply with programs over which the Environmental
Management Commission has regulatory authority; and
There have been 14 enforcements against this permittee for the 12 months prior to this inspection for limits violations,
monitoring violations, and permit condition violations. The facility is currently under a sewer tap moratorium.

8) The cost to the State of the enforcement procedures.
$125.47

___________________ __________________________________________
Date G. Landon Davidson, P.G., Regional Supervisor
Asheville Regional Office
Division of Water Resources, NCDEQ

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10/22/2019

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Certified Mail # 7017 2620 0000 9759 7217
Return Receipt Requested

October 22, 2019

Aubrey L. Deaver
A&D Water Service Inc
P.O. Box 1407
Pisgah Forest, NC 28768-1407

SUBJECT: Notice of Violation and Assessment of Civil Penalty
for Violations of NC General Statute (G.S.) 143-215.1(a)(6)
and NPDES WW Permit No. NC0089095
A&D Water Service Inc
High Vista Falls WWTP
Case No. PC-2019-0056
Henderson County

Dear Permittee:

Acting pursuant to delegation provided by the Secretary of the Department of Environmental Quality and the Director of the
Division of Water Resources (the Division) I, G. Landon Davidson, P.G., Regional Supervisor, Asheville Regional Office
(ARO) make the following:

I. FINDINGS OF FACT:

A. A&D Water Service Inc. is a public utility organized and existing under the laws of the State of North Carolina.

B. A&D Water Service Inc. operates the 0.045 MGD High Vista Falls Wastewater Treatment Plant located off Creasman
Hill Road, in Mills River, in Henderson County, North Carolina.

C. A&D Water Service, Inc. was issued NPDES Permit NC0089095 on September 1, 2015 (effective November 1, 2015
with an expiration date of October 31, 2020) for the treatment of wastewater at the High Vista Falls Subdivision, and
the discharge of treated wastewater to Line Creek, currently a class C water of the State in the French Broad River
Basin.

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D. Part II, Section A (Definitions) of NPDES Permit NC0089095 defines “composite sample” as:
A sample collected over a 24-hour period by continuous sampling or combining grab samples of at least 100 mL in
such a manner as to result in a total sample representative of the wastewater discharge during the sample period. The
Director may designate the most appropriate method (specific number and size of aliquots necessary, the time interval
between grab samples, etc.) on a case-by-case basis. Samples may be collected manually or automatically. Composite
samples may be obtained by the following methods:

(1) Continuous: a single, continuous sample collected over a 24-hour period proportional to the rate of flow.
(2) Constant time/variable volume: a series of grab samples collected at equal time intervals over a 24 hour period
of discharge and combined proportional to the rate of flow measured at the time of individual sample collection, or
(3) Variable time/constant volume: a series of grab samples of equal volume collected over a 24 hour period with the
time intervals between samples determined by a preset number of gallons passing the sampling point. Flow
measurement between sample intervals shall be determined by use of a flow recorder and totalizer, and the preset
gallon interval between sample collection fixed at no greater than 1/24 of the expected total daily flow at the treatment
system, or
(4) Constant time/constant volume: a series of grab samples of equal volume collected over a 24-hour period at a
constant time interval. Use of this method requires prior approval by the Director. This method may only be used in
situations where effluent flow rates vary less than 15 percent. The following restrictions also apply:
 ›Influent and effluent grab samples shall be of equal size and of no less than 100 milliliters
 ›Influent samples shall not be collected more than once per hour.
 ›Permittees with wastewater treatment systems whose detention time < 24 hours shall collect effluent grab
samples at intervals of no greater than 20 minutes apart during any 24-hour period.
 ›Permittees with wastewater treatment systems whose detention time exceeds 24 hours shall collect effluent
grab samples at least every six hours; there must be a minimum of four samples during a 24-hour sampling
period.

E. Part II, Section C. (2.) of NPDES Permit NC0089095 states, in part, that “The permittee shall at all times properly
operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed
or used by the permittee to achieve compliance with the conditions of this permit.”

F. On July 30, 2019 staff from DWR’s ARO conducted a compliance evaluation inspection of the High Vista Falls
WWTP. The tertiary filters were both damaged: holes were present in the filter media, filter panels were warped and
bowing. Composite sampling was not being performed in a flow-proportional manner as required by the permit.
The chart recorder was not working for the flow meter. The inspector split samples for TSS, BOD, ammonia, and
fecal coliform with the ORC of the facility during the inspection. The fecal coliform samples col lected by both the
inspector and ORC were in exceedance of the daily permit limit.

II. CONCLUSIONS OF LAW:

A. A&D Water Service, Inc. is a “person” within the meaning of G.S. 143-215.6A pursuant to G.S. 143-212(4).

B. NPDES Permit NC0089095 is required by G.S. 143-215.1.

C. Line Creek constitutes waters of the State within the meaning of G.S. 143-215.1(a)(1) pursuant G.S. 143-212(6).

D. A&D Water Service, Inc. has failed to collect flow-proportional, composite samples from 6/12/2019 until present, in
violation of Part I, Section A. (1.) of NPDES Permit NC0089095.

E. The conditions observed at the High Vista Falls WWTP on July 30, 2019 constituted a failure to properly operate and
maintain systems of control, in violation of Part II, Section C. (2.) of NPDES Permit NC0089095.

F. A&D Water Service, Inc. may be assessed civil penalties in this matter pursuant to G.S. 143-215.6A(a)(2), which
provides that a civil penalty of not more than twenty-five thousand dollars ($25,000.00) per violation may be assessed
against a person who violates or fails to act in accordance with the terms, conditions or requirements of a permit
issued pursuant to G.S. 143-215.1.

G. The State’s enforcement costs in this matter may be assessed against A&D Water Service, Inc. pursuant to G.S. 1 43-
215.3(a)(9).

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H. G. Landon Davidson, pursuant to delegation provided by the Secretary of the Department of Environmental Quality
and Director of the Division, has the authority to assess civil penalties in this matter.

Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the Secretary of
the Department of Environmental Quality and the Director of the Division of Water Resources, I, G. Landon Davidson, P.G.,
Regional Supervisor, Asheville Regional Office hereby make the following civil penalty assessment against A&D Water
Service Inc:

III. DECISION:

A&D Water Service Inc., is hereby assessed a civil penalty of:

$380.00 For 19 violations of Part I, Section A. (1.) of NPDES Permit NC0089095 by failing to collect flow
proportional, composite samples since June 12, 2019.

$4000.00 For violation of Part II, Section C.(2.) of NPDES Permit NC0089095, by failing to properly operate and
maintain all facilities and systems of treatment and control at the subject facility for the period from at
least March 15, 2019 to present.
$100.00 For violation of Part II, Section C.(2.) of NPDES Permit NC0089095, by failing to properly operate and
maintain all facilities and systems of treatment and control at the subject facility since at least July 30,
2019.

$4480.00 TOTAL CIVIL PENALTY
$125.47 Enforcement Costs
$4605.47 TOTAL AMOUNT DUE

Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into account the Findings of Fact and
Conclusions of Law and the factors set forth at G.S. 143B-282.1(b), which are:

(1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property
resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs over which the Environmental
Management Commission has regulatory authority; and
(8) The cost to the State of the enforcement procedures.

Within thirty (30) days of receipt of this notice, you must do one of the following:

(1) Submit payment of the penalty, OR
(2) Submit a written request for remission, OR
(3) Submit a written request for an administrative hearing

Option 1: Submit payment of the penalty:

Payment should be made directly to the order of the Department of Environmental Quality (do not include waiver
form). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s).
Please submit payment to the attention of:

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NC DEQ / DWR / NPDES
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
Option 2: Submit a written request for remission or mitigation including a detailed justification for such
request:

Please be aware that a request for remission is limited to consideration of the five factors listed below as they may
relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper
procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in
the civil penalty assessment document. Because a remission request forecloses the option of an administrative hearing,
such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation and
agreement that no factual or legal issues are in dispute. Please prepare a detailed statement that establishes why you
believe the civil penalty should be remitted, and submit it to the Division at the address listed below.

In determining whether a remission request will be approved, the following factors shall be considered:
1. whether one or more of the civil penalty assessment factors in NCGS 143B-282.1(b) was wrongfully applied to the
detriment of the petitioner;
2. whether the violator promptly abated continuing environmental damage resulting from the violation;
3. whether the violation was inadvertent or a result of an accident;
4. whether the violator had been assessed civil penalties for any previous violations; or
5. whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions.

Please note that all evidence presented in support of your request for remission must be submitted in writing. The
Director of the Division will review your evidence and inform you of his decision in the matter of your remission request.
The response will provide details regarding the case status, directions for payment, and provision for further appeal of the
penalty to the Environmental Management Commission’s Committee on Civil Penalty Remissions (Committee).
Please be advised that the Committee cannot consider information that was not part of the original remission request
considered by the Director. Therefore, it is very important that you prepare a complete and thorough statement in
support of your request for remission.

In order to request remission, you must complete and submit the enclosed “Request for Remission of Civil Penalties,
Waiver of Right to an Administrative Hearing, and Stipulation of Facts” form within thirty (30) days of receipt of this
notice. The Division also requests that you complete and submit the enclosed “Justification for Remission Request.”

Both forms should be submitted to the following address:
NC DEQ / DWR / NPDES
1617 Mail Service Center
Raleigh, North Carolina 27699-1617

Option 3: File a petition for an administrative hearing with the Office of Administrative Hearings:

If you wish to contest any statement in the attached assessment document you must file a petition for an administrative
hearing. You may obtain the petition form from the Office of Administrative Hearings. You must file the petition with
the Office of Administrative Hearings within thirty (30) days of receipt of this notice. A petition is considered filed
when it is received in the Office of Administrative Hearings during normal office hours. The Office of Administrative
Hearings accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for official state
holidays. The petition may be filed by facsimile (fax) or electronic mail by an attached file (with restrictions) - provided
the signed original, one (1) copy and a filing fee (if a filing fee is required by NCGS §150B-23.2) is received in the
Office of Administrative Hearings within seven (7) business days following the faxed or electronic transmission. You
should contact the Office of Administrative Hearings with all questions regarding the filing fee and/or the details of the
filing process.

The mailing address and telephone and fax numbers for the Office of Administrative Hearings are as follows:
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6714 Mail Service Center
Raleigh, NC 27699-6714
Tel: [phone]
Fax: [phone]
One (1) copy of the petition must also be served on DEQ as follows:

Mr. William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, North Carolina 27699-1601

Please indicate the case number (as found on page one of this letter) on the petition.

Failure to exercise one of the options above within thirty (30) days of receipt of this letter, as evidenced by an internal date/time
received stamp (not a postmark), will result in this matter being referred to the Attorney General's Office for collection of the
penalty through a civil action. Please be advised that additional penalties may be assessed for violations that occur after the
review period of this assessment.

If you have any questions, please contact Daniel Boss at the ARO: [phone] or via email ([e-mail]).

Sincerely,

G. Landon Davidson, P.G., Regional Supervisor
Asheville Regional Office
Division of Water Resources, NCDEQ

ATTACHMENTS

Ec: WQS ARO Server, Laserfiche
G:\WR\WQ\Henderson\Wastewater\Minors\High Vista Falls 89095\Inspections\7.30.2019\20191021_NC0089095_PC20190056.docx

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JUSTIFICATION FOR REMISSION REQUEST

Case Number: PC-2019-0056 County: Henderson
Assessed Party: A&D Water Service Inc
Permit No.: NC0089095 Amount Assessed: $4605.47

Please use this form when requesting remission of this civil penalty. You must also complete the “Request For Remission,
Waiver of Right to an Administrative Hearing, and Stipulation of Facts” form to request remission of this civil penalty.
You should attach any documents that you believe support your request and are necessary for the Director to consider in
evaluating your request for remission. Please be aware that a request for remission is limited to consideration of the five
factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting
remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual
statements contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 143B-282.1(c), remission of a civil
penalty may be granted only when one or more of the following five factors apply. Please check each factor that you
believe applies to your case and provide a detailed explanation, including copies of supporting documents, as to why the
factor applies (attach additional pages as needed).

___ (a) one or more of the civil penalty assessment factors in N.C.G.S. 143B-282.1(b) were wrongfully applied to the
detriment of the petitioner (the assessment factors are listed in the civil penalty assessment document);

___ (b) the violator promptly abated continuing environmental damage resulting from the violation (i.e., explain the
steps that you took to correct the violation and prevent future occurrences);

___ (c) the violation was inadvertent or a result of an accident (i.e., explain why the violation was unavoidable or
something you could not prevent or prepare for);

___ (d) the violator had not been assessed civil penalties for any previous violations;

___ (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions (i.e., explain
how payment of the civil penalty will prevent you from performing the activities necessary to achieve
compliance).

EXPLANATION:

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STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY

COUNTY OF HENDERSON

IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND
) STIPULATION OF FACTS
A&D Water Service Inc )
High Vista Falls WWTP )
)
PERMIT NO. NC0089095 ) CASE NO. PC-2019-0056

Having been assessed civil penalties totaling $4605.47 for violation(s) as set forth in the assessment document of the Division
of Water Resources dated October 22, 2019, the undersigned, desiring to seek remission of the civil penalty, does hereby waive
the right to an administrative hearing in the above-stated matter and does stipulate that the facts are as alleged in the assessment
document. The undersigned further understands that all evidence presented in support of remission of this civil penalt y must
be submitted to the Director of the Division of Water Resources within thirty (30) days of receipt of the notice of assessmen t.
No new evidence in support of a remission request will be allowed after (30) days from the receipt of the notice of assessment.

This the day of , 20_____

__________________________________________
SIGNATURE

ADDRESS

___________________________________________

___________________________________________

___________________________________________

___________________________________________

TELEPHONE

___________________________________________

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ATTACHMENT A

A&D Water Service Inc
CASE NUMBER: PC-2019-0056

PERMIT NO: NC0089095 REGION: Asheville
FACILITY: High Vista Falls WWTP COUNTY: Henderson
________________________________________________________________________________________________________________________________________________________________________________
VIOLATION VIOLATION PENALTY
DATE AREA TYPE VIOLATION DESCRIPTION AMOUNT ________________________________________________________________________________________________________________________________________________________________________________
7/30/2019 Effluent Sampling Violation detected during Fecal coliform sample of 46 cfu/100mL. $0.00
inspection This exceeds the daily permit limit.
________________________________________________________________________________________________________________________________________________________________________________
7/30/2019 Flow Measurement - Violation detected during The chart recorder for the flow meter $100.00
Effluent inspection does not work.
________________________________________________________________________________________________________________________________________________________________________________
7/30/2019 Effluent Sampling Violation detected during The facility is not performing flow $380.00
inspection proportional sampling because they
don't have a flow meter that can
interface with the sampler for flow
based sampling.
________________________________________________________________________________________________________________________________________________________________________________
7/30/2019 Filtration (High Rate Violation detected during The tertiary filters are broken and short $4,000.00
Tertiary) inspection circuiting.
________________________________________________________________________________________________________________________________________________________________________________

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