Bu. Co. Amos Jackson Civil Penalties

ROY COOPER
Attorney General
MEMORANDUM
�Iafe of �Kvrt4 Tarolina
Department of ustire
Suite 300
124 College Street
Asheville, NC 28801
TO: Foi est R. VV estall
Regional Water Quality Supervisor
FROM: Sueanna P. Sumpter
Assistant Attorney General
DATE: 8 January 2004
Western Office
Phone: [phone]
Fax: [phone]
ATTORNEY -CLIENT COMMUNICATION
Privileged and Not Public Record
SUBJECT: State of NC ex rel. Ross v. Amos Jackson
Buncombe County file no. 02 CvS 3525
DWQ file no. DV 99-027
�o/Zoov
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As you will recall, on 21 February 2000, the Director of DWQ assessed civil penalties and
enforcement costs in the total amount of $8,265.55 against Mr. and Mrs. Amos Jackson for illegal discharges
of untreated sewage from their mobile home in Asheville. Essentially, the line connecting the Jackson home
to MSD's collection system was broken and raw sewage was being discharged onto property owned by
another party. The notice accompanying the assessment indicated that the assessment was made only against
Mr. Jackson.
Mr. Jackson filed a petition for contested.case hearing in QAH and a hearing wqs scheduled fm 8
September 2000 in Hendersonville. Mr. Jackson did not appear, offered no reason for his failure to appear,
and the ALJ therefore dismissed his case.
It is my understanding that, at some point following dismissal of the case, Mr. Jackson's illegal
discharges ceased, (through some efforts by MSD). His trailer has since been re -located to another area of
the county.
When the penalties remained unpaid, we sent a demand letter to Mr. Jackson and thereafter
commenced a civil action to recover the assessment. Mr. Jackson did not respond to the complaint and
summons and a default judgment was entered against him on 21 April 2003. The judgment remains unpaid.
This office has obtained from the Buncombe County Tax Collector's office a statement of the real
property held by Mr. Jackson in that county. It appears that his only listing is the mobile home in which he
and his family reside. The assessed value for the trailer is $12,100.
rM
An Equal Opportunity / Affirmative Action Employer
'

Forrest Westall
8 January 2004
Page 2
In response to our most recent demand letter, Mr. Jackson contacted this office and indicated that
he did not have any funds with which to pay us. I do not know what liens may exist on the mobile home.
Further, Mr. Jackson would be entitled to claim a homestead exemption in the total amount of $ 7,500. (G.S.
1C-1603).
In conclusion, I do not believe it likely that execution on this judgment would yield sufficient
proceeds to justify that effort and related costs. Also, while not dispositive of the issue, execution could
result in the Jackson family losing their home. You may recall that this family lost a daughter several years
ago, the child having been murdered by a neighbor. The case was closely followed in the newspapers at the
time. Any effort by the DWQ to have the trailer attached and sold, and the family evicted; could generate
very negative publicity for the agency (and wouldn't make any of us feel too good, either). For all of the
foregoing reasons, it is my recommendation that execution not be pursued at this time. Our money judgment
will remain of record, will be a lien for 10 years from the date of its entry, and will attach to any real property
Mr. Jackson might acquire during that time.
Please contact me at your earliest convenience to discuss this matter.
/SPS

� e
l
Max L Haner
Environmental•Chemist
Division of Environmental Management
Water Quality Section
BS in Chemistry - Western Carolina University
(1964-68)
Date of Employment: June 17, 1968
Environmental Chemist I
Environmental Chemist II - December 1, 1993
Work History: Since starting work in the Asheville Regional Office, I
have worked in all facets of the Division's regional water quality
regulatory program to include permitting activities for new and existing
discharging and non -discharging wastewater treatment systems, compliance
inspections, special studies of water quality problems, stream
reclassifications, non -point source controls to include animals waste
management activities, stormwater control program, 401 water quality
certifications for dredge & fill permits including wetlands evaluation,
and emergency response activities (oil & chemical spills, fish kills and
chemical fires).
R. Ex. 7

CONTINUING EDUCATION COURSES
MAX LELAND HANER
COURSE TITLE DATE
Characterization and Treatment of 9/28/70 - 1/16/85
Organic Industrial Wastes (EPA)
Fish Kill Investigation Seminar 2/06/74 - 2/07/74
Wastewater Treatment Plant Operators 3/13/75 - 6/10/75
Training School (With Grade II Certificate]
Biological and Chemical/Physical 4/16/75 - 4/18/75
Wastewater Treatment
Visible Emissions Training (Air Quality) 5/09/79 - 5/09/79
Groundwater & Waste Disposal in N.C. 5/30/79 - 5/31/79
(US Geological Survey)
Principles and Practices of Air Pollution 8/13/79 - 8/17/79
Control #452 (EPA)
Source Sampling for Particular 9/10/79 - 9/14/79
Emissions #450 (EPA)
Hazardous Materials Incident Seminar 12/11/79 - 10/11/79.
(Safety Systems, Inc.)
Workshop on Management of Toxic 1/22/81 - 1/22/81
Substances and Hazardous Waste
Source Sampling and Analysis for
5/11/81
- 5/14/81
Gaseous Pollutants #468 (EPA)
Hazardous Materials Incident Training
12/09/81
- 12/10/81
Seminar (University of Arkansas, Division
of Interdisciplinary Toxicology)
Hazardous Incident Training (EPA)
6/10/82
- 6/11/82
Pretreatment Workshop (Water Quality)
8/17/82
- 8/17/82
Electroplating Workshop for Metal
4/13/83 -
4/13/8.3
Finishing
Southern Railway Systems Hazardous
3/20/84 -
3/20/84
Material and Emergency Response Seminar
Troubleshooting for Wastewater
10/17/84 -
10/18/84
Treatment Facilities (EPA)

Page 2
Coursework for Max Leland Haner Continued:
COURSE TITLE
Interactive Management Training
Wastewater Sludge Management (16 hrs)
Fundamentals of Management (67 hrs)
NPDES Inspector Training Workshop-(24 hrs)
Safety & Health Training Program (24 hrs
plus one day of field experience/training)
Introduction to Local Area Networks (16 hrs)
Soils Remediation Workshop (16 hrs)
Criminal Enforcement Workshop (8 hrs)
System Administration with
Novell Netware (LAN) (16 hrs)
Introduction to DOS (6 hrs)
Intermediate & Advanced (16 hrs)
WordPerfect
DATE
1/16/85
- 6/23/89
2./88 - 11/88
6/10/92 - 6/12/92
8/03/92 - 8/06/92
9/16/92 - 9/17/92
10/1/92 - 10/2/92
12/1/92
3/08/93
- 3/09/93
5/06/93
- 5/13/93
5/18/93
- 6/09/93
PC Hardware Troubleshooting
(16
hrs)
9/29/93 - 9/30/93
WordPerfect 6.1 for Windows
(12
hrs)
- 9/15/95
Southeastern Environmental
(24
hrs)
12/9/97 - 12/12/97
Enforcement Network
Basic Environmental Crime
Investigation Workshop
Southeastern Environmental (28 hrs) 08/17/98- 08/20/98
Enforcement Network
Environmental Crime
Investigation Techniques

N
Resume shell
Career Objective:
Education
Skills
1 Communication
2 Management
Employment History
Licensure:
Professional Organizations.:
Professional Experience
Professional Presentations
Publications
Community Service
Appointed by Asheville City Council
establish a joint Asheville -Buncombe
to Drug Task Force to
Drug Commission (19--)
Appointed by Asheville City Council as Community Representative to
the Selection Committee for Asheville's Chief of Police (1989?)
Appointed by Asheville City Council to Asheville's 2010 Update
Committee (198 9 )
Appointed by Asheville Planning and Zoning Commission to
Asheville's Unified Development Ordinance Subcommittees (1991-
1992)
1. Manufactured Housing Subcommittee (standards and placement
criteria for location in City as individual units, rental
units, and rental communities)
2. Commercial -Industrial Hub Subcommittee (Evaluation and
location of commerial development)
Served as Resource from the Division of Environmental Management
to the Haywood County Economic Development Commission's EASE
Steering Committee (198 9 )
Served as Resource from the Division of Environmental Management
to the Environmental Issues Committee of the Economic Development
Department (1992 - present)
Served at the request of Senator Charles Hipps as Resource from
the Division of Environmental Management to the Haywood County
Trout Festival Committee (1990-1993)
Appointed by the Buncombe County Commissioners to serve on the
Buncombe.County Quality Growth Commission (1990-1995)
1. Served on Committee to Develop Subdivision Ordinance
2. Served on Economic Development Committee

A
Interest: Economic Development
Appointed to Asheville Planning and Zoning Commission 8-27-96
Employment Application information
SS# - 237-74-2284
HANER, MAX LELAND
5 KIMBERLY AVENUE
ASHEVILLE, N.C. 28804
BUNCOMBE COUNTY
HOME PHONE
[phone]
BUSINESS PHONE
[phone]
ARE YOU RELATED TO
ANYONE WORKING FOR THE STATE? - NO
SPOUSE:
WENDY T. HANER
EDUCATIONAL SALES CONSULTANT
ABC SCHOOL SUPPLY, INC.
MILITARY SERVICE
NONE
TYPE OF WORK
PERMANENT FULL-TIME
JOB APPLIED FOR
ENVIRONMENTAL CHEMIST II
REFERERAL SOURCE
N/A
EDUCATION
COLLEGE 4
HIGH SCHOOL
LEESBURG HIGH SCHOOL, LEESBURG, FLA.
1960-62
SANFORD CENTRAL SANFORD, N.C.
1962-64
COLLEGE
WESTERN CAROLINA UNIVERSITY
1964-68
CULLOWHEE, N.C. 28723
DEGREE - B.S. IN CHEMISTRY
SPECIAL TRAINING PROGRAMS AND SEMINARS COMPLETED IN LAST
5 YEARS
SEE ATTACHED LIST
REGISTRATION --LEAVE BLANK
MEMBERSHIP IN PROFESSIONAL, HONORARY OR TECHNICAL SOCIETIES

WATER ENVIRONMENT FEDERATION
LICENSE AND CERTIFICATION
GRADE II WASTEWATER OPERATORS CERTIFICATE, JUNE, 1975
(NOT RENEWED)
SKILLS - DRIVERS LICENSE NUMBER 'NC 1805487
WORD PROCESSING SKILLS
KNOWLEDGEABLE - IBM SYSTEM 36, WORDPERFECT, WINDOWS
KNOWLEDGEABLE - DISSOLVED OXYGEN METER, pH METER, COMPOSITE SAMPLING
EQUIPMENT, FLOW MEASUREMENT EQUIPMENT AND OTHER
INSTRUMENTS NECESSARY FOR PERFORMING ROUTINE OR EMERGENCY
COMPLIANCE WORK

i
ATTACHMENT TO WORK HISTORY AS ENVIRONMENTAL CHEMIST II
MAJOR DUTIES
PERFORM INSPECTIONS/EVALUATIONS FOR REGULATORY COMPLIANCE
RESPOND TO CITIZEN WATER QUALITY RELATED COMPLAINTS AND POTENTIAL
EMERGENCY . SITUATIONS
PROVIDE INSPECTIONS/EVALUATION FOR NEW/RENEWAL OF NPDES PERMITS
PROVIDE INSPECTIONS/EVALUATION FOR NEW/RENEWAL OF NON DISCHARGE PERMITS
AND OTHER WATER QUALITY CERTIFICATION PROCESSES
DIRECT DEM'S EMERGENCY RESPONSE PROGRAM IN ASHEVILLE REGION
REPRESENT DEM'S ASHEVILLE REGIONAL WATER QUALITY SECTION BY PRESENCE AND
ORAL
PRESENTATIONS AT PUBLIC GATHERINGS, CIVIC GROUPS, SEMINARS, WORKSHOPS AND
OTHER
FUNCTIONS NECESSARY TO DELIVER THE WATER QUALITY PROGRAM.
EVALUATE WASTEWATER TREATMENT PROGRAMS AND THEIR MANAGEMENT FOR
PERFORMANCE EFFECTIVENESS
PERFORM ENFORCEMENT/COMPLIANCE INVESTIGATIONS
SERVE AS REGIONAL ENFORCEMENT COORDINATOR
DEVELOP REGIONAL INFORMATION AND PREPARE REGIONAL COMPLIANCE &
ENFORCEMENT REPORTS
NEGOTIATE AND PREPARE CONSENT ORDERS AND PERMIT SCHEDULES TO RESOLVE
COMPLIANCE PROBLEMS
PROVIDE SUPPORT FOR THE DEVELOPMENT OF SPECIAL STUDIES
(RECLASSIFICATIONS,
VARIANCES, PROJECTED CHANGES IN STANDARDS)

N conduct field investigations and inspections necessary to determine compliance with
the'-�North Carolina General Statutes and those related water quality regulations
administere b this Depar ment. e —knave, his depar men — era gulatory
a� sa s qn_ d to protect the State' s surface and ground waters" mainly through a
permit system. I ""routinely conduct inspections to determine comp fiance with terms
and conditions of these permits. g,&n- y- !ss.ue.g 2de--r-ande--off--pe-r-mtt`s
eoz�s-i-s�iZf'""wirt-l�the r e qu-i era-t-s-o-f the-g � ra � �t.atttt.es��-name-�a €ew:
1. Discharge and non -discharge type permits,
2. 401 water quality certifications for 404 permits issued by the COE,
3. Permits that address approved animal waste management plans
My work normally includes determining compliance with terms and conditions contained
in these permits plus whatever is necessaary to resolve or correct the problem. In
addition, I serve as the contact and administer the emergency response program (oil
spills, chemical spills, hazardous material spills, chemical fires) for the ARO plus
I directly handle sewer line tracking system and prepare reports, recommendations for
compliance inspections including enforcement recommendaitons. I also act on behalf of
the Regional Water Quality Supervisor as directed.
Part of my routine duties include investigation of complaints, determination of
compliance issues, determination of the source and what isoffice permits that provide
for a discharge of treated wastewater to surface waters (NPDES permit system) and
-z-d-iocharge :permits which include wastewater recycle system, spray irregation
systems, land application of residuals, construction of sewer lines and wastewater
treatment facilities. Also, I routinely conduct/......... necessary to protect
these resources. through issuance of discharge and non discharge permits for
construction, operation and dischargOne of my routine activity is conducting
complaint investigations resulting from citizen concerns, determining what the
problem is, whether there is a violation of the water quality laws, determining the
source of the problem and who is responsible, and what is needed to correct the
problem. A conservative estimate of the number of complaint investigtations I
conduct is 15-20 per month. If there is an environmental impact and whether
responding to complaint fromQuite often my work determines compliance with
permitsField work includes inspections of wastewater treatment plants, site
investigations for issuance or reissuance of NPDES permits, non discharge permits
such as This Dept is a regulatory agency which administers a stream classification
program andThese investigations and inspections range from inspections of wastewater
treatment plants, outinely involve dA routine part of this compliance work is
conducting investigations resulting from complaints responding to complaints of part
of this compliance work is in response to citizen complaints related to the water
quality laws
WATER QUALITY SECTION
Mr. Jack Nichols
Buncombe County
175 Bingham Road
Asheville, North
Schools
Carolina 28806
I3{1J{(>)fMa rch 30, 1994
...........:...................
................................

ADDRESS:
i
DIVISION OF WATER QUALITY
ENFORCEMENT CASE ASSESSMENT FACTORS
Operating a Disposal System without a Permit
Mr & Mrs Amos Jackson
1074 West Chapel Road
Asheville, N.C. 28803-1657
(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; Environmental damage appears
limited to discharge of raw sewage from a single home onto two
separat owned properties. No discharge to surface
(2) The duration and gravity of the violation; The discharge. has
continued unabated from the initial investigation on May 28,
1999 to date.
(3) The effect on ground or surface water quantity or quality or on
air quality; None Noted.
(4) The cost of rectifying the damage; The cost in correcting this
problem is minimal. Simply calling a plumber or sewer cleaning
service should suffice.
(5) The amount of money saved by non-compliance; Unknown
(6) Whether the violation was committed willfully or intentionally;
The owner verbally agreed to repair the
call someone,, (meeting on October 8, 19 9r)oblem or he would
(7) The prior record of the violator in complying or failing to
comply with programs over which the Environmental Management
Commission has regulatory authority; No record.
(8) The cost to the State of the enforcement procedures;
4 hours investigation @ 33.11
= 132.44

a
i
i
ppppppp,
I hour report preparation @ 33.11 = 33.11
Raleigh Administrative Costs = 100.00
Total Costs: 265.55
(9) Type of violator and general nature of business;
Individual home owner
(10) Violators degree of cooperation or recalcitrance;
Discharge has shown no interest in repairing sewer line.
(11) Mitigating Circumstances; Personal problems including
death of daughter several months ago. No other reasons offered
during meeting on October 8, 1999.
(12) Assessment Factors; N/A
a) IWC
b) Receiving Stream
c) SOC/JOC status/negotiations
d) Copy of MP screen
e) Copy of Limits page
f) Damage

{
PPPPPPP'
i
STATE OF NORTH CAROLINA
COUNTY OF Buncombe
IN THE MATTER OF
Mr & Mrs Amos Jackson
FOR OPERATION OF A
TREATMENT WORKS OR
DISPOSAL SYSTEM
WITHOUT A PERMIT
NORTH LAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
File No.DV 99-027
FINDINGS AND DECISION
AND ASSESSMENT OF
CIVIL PENALTIES
Acting pursuant to North Carolina General Statute (G.S.) 143-
215.6A and delegation provided by the Secretary of the Department of
Environment and Natural Resources, I, Kerr T. Stevens, Director of
the Division of Water Quality (DEM), make the following:
I. FINDINGS OF FACT:
A. On May 28, 1999; June 15, 1999; July 14, 1999; AA�-t-_11,
1999;-October 8, 1999; October 19,-1999; and December 2,
1999, DWQ staff observed a discharge of untreated sewage
from a broken building sewer line exclusively serving the
residence of Mr & Mrs Amos Jackson, 1074 West Chapel Road in
Asheville, N.C., Buncombe County. Sewage from this sewer
line break is allowed to pool on vacant property owned by Ms
Katherine Burton of 1716 North 18th Street, Philadelphia,
Pa. Sewage is allowed to flow onto adjacent residential
property owned by Ms. Drucilla Watkins of 408 Caribou Road,
Asheville, N.C. No discharge to North Carolina surface
waters was noted.
B. Mr and Mrs Amos Jackson own the residence located at 1074
West Chapel Road, Asheville, N.C.
C. Mr and Mrs Amos Jackson had no valid permit for use of the
vacant property described above as a wastewater disposal
system.
D. A check with the Buncombe County Health Department indicates
that no permit has been issued for an on -site disposal
system on any of the properties cited in paragraph A above.
E_ The cost to the State of the enforcement procedures in this
matter totaled $265.55

PPPPPP�
k
Based upon the above Findings of Fact, I make the following:
II. CONCLUSIONS OF LAW:
A. Mr & Mrs Amos -Jackson is a "person" within the meaning of
G.S.143-215.6A pursuant to G.S. 143-212(4).
B. The wastewater treatment works or disposal system cited in
finding of Fact C above falls within the definition of same
at G.S. 143-213(10) or G.S. 143-213(17).
C. A permit is required for the.operation of a treatment works
or disposal system pursuant to G.S. 143-215.1(a)(2).
D. Mr and Mrs Amos Jackson violated G.S. 143-215.1(a)(2) by
operating the treatment works or disposal system at 1074
West Chanel Road in Asheville, N.C., on May 28, 1999; June
15, 1999; July 14, 1999; August 11, 1999; October 8, 1999;
October 19, 1999; and December'2, 1999.
E. Mr and -Mrs Amos Jackson may be assessed civil penalties in
this.matter pursuant to G.S. 143-215.6A(a)(2), which
Drovides that a civil penalty of not more than twenty-five
thousand dollars per violation may be assessed against a
person who is required but fails to apply for or to secure a
permit required by G.S. 143-215.1.
F. The State's enforcement costs in this matter may be assessed
against Mr and Mrs Amos Jackson pursuant to G.S. 143-
215.3(a)(9) and G.S. 143B-282.1(b)(8).
F. The Director, Division of Water Quality, pursuant to
delegation provided for by G.S. 143-215.6A(h), has the
authority to assess civil penalties in this matter.

Based upon the above Findings of Fact and Conclusions of Law, i
make 'the following:
III. DECISION:
Accordingly, Mr and Mrs Amos Jackson are hereby assessed a civil
penalty of:
$ O O for failing to apply for or to secure a
permit as required by G.S. 143-215.1
for operation of the subject treatment
works or disposal system on May 28,
1999.
$ S O C) for failing to apply for or to secure a
permit as required by G.S. 143-215.1
for operation of the subject treatment
works or disposal system on June 15,
1999.
for- fai ling to apply for or to secure a
permit as required by G.S. 143-215.1
for o_eration of the subject treatment
_works or disposal system on July 14,
1999.
for failing to apply for or to secure a
permit as required by G.S. 143-2-15.1
for o_eration of the subject treatment
works or disposal system on31,
1999.
$ 1 }p o o for failing to apply for or to secure a
permit as required by G.S. 143-215.1
for operation of the subject treatment
works or disposal system on October 8,
1999.
$ too ® for failing to apply for or to secure a
permit as required by G.S. 143-215.1
for operation of the subject treatment
works or disposal system on October 19,
1999.
$ 2 n 0 4 for failing to apply for or to secure a
permit as required by G.S. 143-215.1
for operation of the subject treatment
works or disposal system on December 2,
1999.
- C__) __ - - —^m*T nrcrrT_ 'DVWT71T.TV . 1S `N o

PPPPPPF'
P
percent of the maximum penalty
authorized by G.S. 143-215.
Enforcement costs
TOTAL AMOUNT DUE
As required by G.S. 143-215.6A(c), in determining the amount of
the penalty I have considered the factors listed in
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 non-compliance;
(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.
(Date) Kerr T. Stevens,. Director
Division of Water Quality

PropEx Tax Card wysiwyg://19/http://www.propex.com/pex_w...tartup?P_PARCEL=965713135486&Z CHK=48764
PropEx Tax Card
TOTAL ONLINE REAL ESTATE 1\lewHorneNctwor4t.con
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PUBLIC LISTING SERVICE THE CLRSSROOM SERVICES MORTGRGES SRLES REPORTS PUBLIC RECORDS
House
99999
Number:
Street:
CARIBOU
Street Type:
RD
Township:
ASHEVILLE 07
City Code:
ASHEVILLE CITY
Neighborhood
R37
Code:
Subdivision
LINCOLN PARK EXTENSION
Name:
Taxes:
57.5
Subdivision
Number:
Subdivision A
Block:
Subdivision
Section:
Subdivision 25
Lot:
Qualified N
County Code: BUN
Parcel: 965713135486
Alternate Key: 07018373.00
Owner:
BURTON,WILLIE
CALEB
Owner
25 COURTLAND
Address:
AVE
Owner City:
ASHEVILLE
Owner State:
NC
Owner Zip:
28801
Tax Value
5000
Total:
Stamps:
0
Acreage:
.13
Acres Total:
0
Acres
0
Assessed:
Parcel
1 of 4 11/8/2000 11:41 AM

PropEx Tax Card
wysiwyg://19/http://www.propex.com/pex_w...tartup?P_PARCEL=965713135486&Z CHK=48764
Confirmed
Sale:
Neighborhood
100
Factor:
Occupancy
000
Code:
Area Type:
Area Rating:
2
Acessibility
2
Rating:
Parking Code:
1
Road TSL:
3
Topographical
Description:
Zoning
RS8
Classification:
Water System:
3
Sewer: 3
Permit
Number:
Permit Year: 00
Permit Month:
00
Permit Day:
00
Permit Value:
0
Work In
T
Process:
Fire Code:
Appraised
5000
Value:
Sanitation
Code:
School Code:
Land Use
5000
Value:
Land Market
5000
Value:
Description:
Improved: N
Exempt Code:
Total 0
Exemptions:
Exemption
Type:
Property Class 311
Code:
Recording WDT
Instrument:
Floor Plan:
Farm:
Residential
0
Builidings:
Residential
0
Building Size:
Commercial
0
Buildings:
Commercial
0
Building Size:
Apartment
Units:
Ust:
Historic:
Environmental
Hazard:
Deed Month:
05
Deed Year:
1999
Deed Day:
18
Deed Book:
2093
Deed Page:
537
Plat Book:
24
Plat Page:
43
2 of 4
11/8/2000 11:41 AM

PropEx Tax Card
wysiwyg://19/http://www.propex.com/pex_w...tartup?P_PARCEL=965713135486&Z CHK=48764
Tax History
Improvement Tax
Market Value; Year
01 1994
0 1995
0!
1997
w
0, 1998
.. _..0; 1999
0 2000
Records I to 6 of 6
Sales History
Sold Sold Sold Sale Mar
i Month Day I Year ; Price; Va
OS 18 1 Fi999 i OFI- 5(
Record 1 of 1
ccount Totals Land Market] BuiL
umber Acres{ Value! Market V
008014003 3
008014003 _13
008014003 - w 13
008014003 13
008014003 1�13
008135331 13
I
-- — - 9100 __._ — 0
9100l---- —� 0
5000 0
500011 0
5000! 0
Qualified DeedConDeed Previous
Salef"rmed Page Book Previous Owner Account
N ��537 2093 �THERINE@BURTON 1008014003
Residential Building Sections
No Records returned
Residential Building Characteristics
No Records returned
Miscellaneous Improvements
No Records returned
Commercial Building Sections
No Records returned
Commercial Building Characteristics
3 of4 11/8/2000 11:41 AM

PropEx Tax Card
.
wysiwyg://19/http://www.propex.com/pex_w...tartup?P_PARCEL=965713135486&Z CHK=48764
No Records returned
Commercial Building Refinements
No Records returned
Land Record
Land Use IDepth Of Lot Note Land Record Number Land Code j Land Units Land Type;
Il 1 _ 01 1001 =__—_-_ $33000 PER.-TJNIT A��1 AC
Record 1 of 1
Record 1 of 1
ReQuery
4 of 4 11 /8/2000 11:41 AM

wysiwyg://14/http://www.propex.com/pex_w...tartup?P_PARCEL=965713137382&Z CHK=49017
PropEx Tax Card
TOTAL ONLINE REAL ESTATE
'� ._.. "' HOME I ADVERTISE WITH US I BUSINESS SERVICES I FkAN{RISE
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House 00008
Number:
Street: BOOKER
Street Type: AVE
Township: ASHEVILLE 07
City Code: ASHEVILLE CITY
Neighborhood R37
Code:
Subdivision LINCOLN PARK EXTENSION
Name:
Taxes: 90.85
Subdivision
Number:
Subdivision
Block:
Subdivision
Section:
Subdivision 15
Lot:
Qualified N
County Code: BUN
Parcel: 965713137382
Alternate Key: 07018447.00
Owner: MARTIN,LAWREN(
C & DORIS L
Owner 1747 SEWARD ST
Address:
Owner City: ROSELLE
Owner State: IL
Owner Zip: 60172
Tax Value 7900
Total:
Stamps: 0
Acreage: .12
Acres Total: 0
Acres 0
Assessed:
Parcel PARCEL INCLUDE
1 of 4 11/8/2000 1:02 PM

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7382&Z_CHK=49017
Confirmed
Description:
LEASEHOLD IMPV
Sale:
Neighborhood
100
Improved:
Y
Factor:
Occupancy
000
Exempt Code:
Code:
Area Type:
Total
0
Exemptions:
Area Rating:
2
Exemption
Type:
Acessibility
2
Property Class
319
Rating:
Code:
Parking Code:
1
Recording
WDT
Instrument:
Road TSL:
3
Floor Plan:
Topographical
Farm:
Description:
Zoning
RS8
Residential
1
Classification:
Builidings:
Water System:
3
Residential
0
Building Size:
Sewer:
3
Commercial
0
Buildings:
Permit
Commercial
0
Number:
Building Size:
Permit Year:
00
Apartment
Units:
Permit
00
Ust:
Month:
Permit Day:
00
Historic:
Permit Value:
0
Environmental
Hazard:
Work In
T
Deed Month:
09
Process:
Fire Code:
Deed Year:
1994
Appraised
7900
Deed Day:
26
Value:
Sanitation
Deed Book:
1817
Code:
School Code:
Deed Page:
560
Land Use
4400
Plat Book:
24
Value:
Land Market
4400
Plat Page:
43
2 of 4
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Value:
Tax History
Improvement; Tax
Market Value' Year
63001994
6300�1995
6300; 1997
350011998 r
3500 1999
00�2000
---__ 3 5 _
01 1994
0 1995
3
611997
0 1998
01 1999
0" 2000
Records 1 to 12 of 12
Sales History
old jjSold jSold Sale
ionth = Day Year Price
Record 1 of 1
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TotalIlLand
umber 11 Acres11 V
Market V
1007985645 11 .1211 400011 01
1008085137 _.j�. __ •12 i ..._ 4000(1___.___._
908085137 ;. 12 4000 0
�- - - ---- --,� s _---- _ _
008085137 00�= -- _-- 0�
008085137 ._.__i12i4400l0
008085137_ _ _ .._ 12 4400 �I
/008038702 E123001
00 *0-2 1[— 0 01F 12300
- -
008038702 _ ...._ I(_ _ . _ . `'£ _ ...__ .__ . 0 12300j
_
008038702 0 153001
008038702 j� ___]Q 15300
008038702�0 0 [.._ 153000�
taQualified
a
rket ConfirDeed Deed Previous Owner Previous Note
medlue Sale _ Page Book Account
10300
N
560
007985645
WIP
[11177MARTIN,DORIS
L JACKSON {{
MAPVAX
Residential Building Sections
Percent
_._
Roll
Year
Basement
Percent
Section
Type
Stor><es
Building
Number
TypeComplete
Basements
Finished
SectionsrAreaWall
Area
1
1980
_
Oi
AVG i
QUAL/MBL
1(
1I
NOT
APPLICABLE
0�
10561
0
HM @24'Y
Record 1 of 1
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A><rcoflB h Bldnoj Hbath Hotub Yrbil' Firep` Fndco �L>< m D><nrm Famrm F1fin Bedi
N/A 1( 0
Record 1 of 1
Ofi 1980 + 0 MH-PERMA T 1 # 0= 0 N/A
MASONRY
I
Miscellaneous Improvements
No Records returned
Commercial Building Sections
No Records returned
Commercial Building Characteristics
No Records returned
Commercial Building Refinements
No Records returned
Land Record
Land Note[ Land Record Number(Land Code _ j Land Units Land Type;
— --
Usel Depth Of Lot
(M— --� 0 001 ^� $33000 PER UNIT AC�-12� AC
�� �-E --
(1`'1_--_.__._ _ - _ 0 001! $33000 PER UNIT AC1 _ - _ _ 0 AC
Records 1 to 2 of 2
Record 1 of 1
F -eery
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ropEx Tax Card
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TOTAL. ONLINE REAL ESTATE
HOME ADVERTISE WITH US BUSINESS SERVICES FRANCHISE
z
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Douse
Number:
Street:
Street Type:
Township:
11"
z•M
ASHEVILLE 07
City Code: ASHEVILLE CITY
Neighborhood R37
Code:
Subdivision LINCOLN PARK EXTENSION
Name:
Taxes: 824.55
Subdivision
Number:
Subdivision A
Block:
Subdivision
Section:
Subdivision 23
Lot:
Qualified N
County Code: BUN
Parcel: 965713135592
Alternate Key: 07018372.00
Owner: WATKINS,DRUCILI
A
Owner 408 CARIBOU RD
Address:
Owner City: ASHEVILLE
Owner State: NC
Owner Zip: 28803
Tax Value 71700
Total:
Stamps: 0
Acreage: .13
Acres Total: 0
Acres 0
Assessed:
Parcel
I of4 11/8/2000 1:03 PM

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Confirmed
Sale:
Neighborhood 100
Factor:
Occupancy RES/1-DWG
Code:
Area Type: RESIDENTIAL AREA
Area Rating: 2
Acessibility 2
Rating:
Parking Code: 1
Road TSL: 3
Topographical
Description:
Zoning RS8
Classification:
Water System: 3
Sewer: 3
Permit
Number:
Permit Year: 00
Permit 00
Month:
Permit Day: 00
Permit Value: 0
Work In
T
Process:
Fire Code:
Appraised
71700
Value:
Sanitation
Code:
School Code:
Land Use
5000
Value:
Land Market
5000
Description:
Improved: Y
Exempt Code:
Total 0
Exemptions:
Exemption
Type:
Property Class 111
Code:
Recording QCD
Instrument:
Floor Plan:
Farm:
Residential
1
Builidings:
Residential
1404
Building Size:
Commercial
0
Buildings:
Commercial
0
Building Size:
Apartment
Units:
Ust:
Historic:
Environmental
Hazard:
Deed Month: 10
Deed Year: 1997
Deed Day: 03
Deed Book: 1987
Deed Page: 760
Plat Book: 24
Plat Page: 43
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Tax History
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nt: Tax Improvement Totalland Market Building
Impr Account
Exemption Tot'
I Acres( Value! Market Value
Market Value' Year Number
01 1006929437 E 13 4 275001
0-! 1995 1
0-6-9�?-4-37, -.71i 4600 L - - I L 39400
7 131
.1 46 39400
OP997 100810676
0 01 1998 100808368 50001F 66700
01 100808 'IF 1.1-506011
9 3680 .13 667001
.... . ..... ..... .. . . ........ . ........
-5-0-0011 667001
--31 01 1008083680 D F-
Records I to 6 of 6
Sales History
. .... . ... ....... . . . . ......... . . .......................
Sold Sold,!Sold I Sale
Month
y
i nth Da Year Price
---1
I Fi -o---F0-371 1-997 I
n[03 F1997
09 9 5996
Records 1 to 3 of 3
Marken
Qualified Ii
Deed
age
Deed 1 Previous
us
[ConfirmedPrevious OwnerVaIne
Book Account
Sale
60
1987
DRUCELLA,ANN 1008106767
. . . . ......
DAVIS@WATKINS
.. ...... .. . . .. .. . ...... . ...... . ...... .
. . .... . ..... .
rM
TED,STATES OF l 0081 19521
AMERICA
01 44000 N j 556 [19�24 RAYMOND@WATKINS,lr929417 T.
Residential Building Sections
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ear I Percents� TypStoriesi Wall Typee Number, Finished' Ares
0 . .....
BASE I DRYWALUSHEETROCK 0:
AREA
yy ...... .
1119 OPEN 1 1!
PORCH
N N
- FAI "i" -- -- I- --!"i __----_-
- �
Records
Records 1 to 2 of 2
01 681
. . ... .... .
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—
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NONE(NO,
CENTRALI
21
- I
1!
G
0
1969
I
PIERS-WD/STL/MS
1
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A/C)
-------------
. ........... . .....
........ .. .... ........ . ...
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. ...... ... ... . .. .......
Record 1 of I
Miscellaneous Improvements
No Records returned
Commercial Building Sections
No Records returned
Commercial Building Characteristics
No Records returned
Commercial Building Refinements
No Records returned
Land Record
Record I of I
Record 1 of 1
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PropEx Tax Card
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TOTAL ONLINE reEAL ESTATE
HOME I ADVERTISE WITH US I BUSINESS SERVICES I FRANCHISE
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PUBLIC LISTING SERVICE THE CLRSSROOM SERVICES MORTGRGES SRLES REPORTS
House Number: 00008
Street: BOOKER
Street Type: AVE
Township:
City Code:
Neighborhood
Code:
Subdivision
Name:
Taxes:
629.05
LINCOLN PARK EXTENSION
Subdivision
Number:
Subdivision
A
Block:
Subdivision
Section:
Subdivision Lot:
21-22 & 24
Qualified
N
Confirmed Sale:
Neighborhood
100
PUBLIC RECORDS
County Code: BUN
Parcel: 965713137502
Alternate Key: 07018379.00
Owner:
UNITED
STATES OF
AMERICA
Owner Address:
PO BOX 710
Owner City:
ASHEVILLE
Owner State:
NC
Owner Zip: 28802
Tax Value 54700
Total:
Stamps: 0
Acreage: .4
Acres Total: 0
Acres Assessed: 0
Parcel
Description:
Improved: Y
ASHEVILLE 07
ASHEVILLE CITY
R37
1 of4 11/8/2000 1:01 PM

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Factor:
Occupancy
000
Code:
Area Type:
Area Rating:
2
Acessibility
2
Rating:
Parking Code:
1
Road TSL:
3
Topographical
Description:
Zoning
RS8
Classification:
Water System:
3
Sewer:
3
Permit Number:
Permit Year:
00
Permit Month:
00
Permit Day:
00
Permit Value:
0
Work In
S
Process:
Fire Code:
Appraised
54700
Value:
Sanitation
Code:
School Code:
Land Use
18200
Value:
Land Market
18200
Value:
Tax History
Exempt Code:
Total 0
Exemptions:
Exemption
Type:
Property Class 176
Code:
Recording WDT
Instrument:
Floor Plan:
Farm:
Residential
3
Builidings:
Residential
1024
Building Size:
Commercial
0
Buildings:
Commercial
0
Building Size:
Apartment
Units:
Ust:
Historic:
Environmental
Hazard:
Deed Month:
08
Deed Year:
1997
Deed Day:
27
Deed Book:
95CV
Deed Page:
125
Plat Book:
24
Plat Page:
43
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iF 7
Improvement': Tax [Exem tion Account Total Land Market( Building!
F
Market Value Year p Number Acres Value! Market Valuej
6300' 1994 1006344300- !F.41[---16500 133001
6300;1995 006344300- .4 16500 F 13300
6300 1997 OF06344300 !L *I� 165001 13300
11 35001998 1008119794�1F .41182001 330001
Records 1 to 4 of 4
Sales History
Qualified
Sale`
Price
Market
Value
Confirmed
Deed
Page
g
Deed
Book
Previous Owner €
Prev:
Acco
Sale
I
Record 1 of 1
54700 N 125 95CV COLEMAN@WATKINS@HEIRS, 0063
1
Residential Building Sections
Percent; Roll Basement Section Building I Basement°rSec
Stories, Wall Type =
Complete; Year Percent Type j Number Yp Finished!
1 1963 , 01
A EA Y Y 1 1 DRYWALL/SHEETROCKj 0 1
� 0 OPEN 11 1 01
PORCH N N
[77�[1963 ......... ........ _ _ _ : ................
[7777111963 f 0 OPEN � 1j 1 0
I
PORCH N M
1119801 0 FR l 2 DRYWALL/SHEETROCK 0
QUAL/MBL ?
HM @24, Y
E.
-- - --- Y-- -- _ - _ - _ ..- ..... _....-
1 1980 01 WOOD 1 72 0,
Z DECK N N
1r96 Of PERSONAL 1 1 3 NOT APPLICABLE 0'PROPERTY MEN N
Records 1 to 6 of 6
Residential Building Characteristics
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-----3
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071,
1965
0
MH-PERMANENT
MASONRY
0
Records I to 3 of 3
Miscellaneous Improvements
No Records returned
Commercial Building Sections -
No Records returned
Commercial Building Characteristics
No Records returned
Commercial Building Refinements
No Records returned
Land Record
Record I of 1
Record 1 of I
ReQuery__
4 of 4 11/8/2000 1:01 PM

ASHEVILLE
October 25, 2000
Mr. Amos W. Jackson (HAND DELIVER)
8 Booker Avenue
Asheville, NC 28803
RE: RAW SEWAGE DISCHARGE AT 8 BOOKER AVENUE
PIN NO. 9657.13-13-7382
Dear Mr. Jackson:
It has come to my attention that there is raw sewage discharge coming from your house at
8 Booker Avenue that is flowing onto the neighboring properties. The discharge is a
violation of the Minimum Housing Code of the City of Asheville, as well as a violation
of North Carolina State Statute, Article 21A, Chapter 143-215.1. It is your responsibility
to correct this situation immediately.
The discharge is'a serious'health hazard to the citizens and residents of the community.
Therefore, as a result of this discharge the Housing Division of the Building Safety
Department of the City of Asheville is issuing a Complaint and Notice of Hearing
(attached hereto) regarding this matter. A hearing on this matter has been scheduled for
Wednesday, November 8, 2000 at 1:30 p.m. at the Public Works Building located at 161
South Charlotte Street. I strongly urge you to have this situation repaired and inspected
by City Officials prior to the hearing. Failure to do so may result in all utilities to your
residence being disconnected and the building vacated and boarded.
Sincerely,
Jeff Baker
Housing Code Coordinator
Enclosures (Complaint and Notice of Hearin with attachments
( p g )
pc: Mr. Terry Summey, Director of Building Safety, City of Asheville
v-,Mr. Max Haner, Department of Environmental Resources
Mr. Doug Spell, Assistant'City Manager
BUILDING SAFETY DEPARTMENT
CITY OF ASHEVILLE
POST OFFICE BOX 7148
ASHEVILLE, NC 28802
[phone]
FAX [phone]

City of Asheville
Housing Department
Building Safety Division
Post Office Box 7148
Asheville, NC 28802
Mr. Amos Jackson
8 Booker Avenue
Asheville, NC 28803
PIN NO.: 9657.13-13-7382
8 Booker Avenue
Asheville, North Carolina
COMPLAINT AND NOTICE OF HEARING
To all owners and parties in interest of the property located at 8 Booker Avenue in Asheville,
North Carolina, Tax Parcel Number 9657.13-13-7382.
HOUSING CODE VIOLATIONS FOUND: The property listed above has been inspected, and
the alleged Asheville Housing Code violation is the discharge of raw sewage onto neighboring
properties.
HEARING: On Wednesday, November 8, 2000 at 1:30 p.m. at the Public Works Building,
Housing Division of the Building Safety Department, at 161 South Charlotte Street, a
hearing will be held to make final determination as to whether Housing Code violation(s) exist on
this property. You may appear and ask any questions you have about the Code Enforcement
process, receive explanations regarding the violation(s), dispute any violation(s), and present
evidence regarding any violation(s). You may also submit a written response to this Complaint
and Notice of Hearing. If you wish to reschedule, notify this office in writing within 10 days
from the date of this notice. If we do not hear from you, the hearing will be held as scheduled.
Following the hearing, a Findings of Fact and Order will be issued.
For Additional Information: Please read the enclosed summary of THE ASHEVILLE
HOUSING CODE ENFORCEMENT PROCESS. If you have any questions about the
violation(s) cited or about the code enforcement process, you may call the Housing Code
Enforcement Officer listed below.
Dated: October 4 6--, 2000
This property was inspected by:
Everett Croxton
Housing Code Enforcement Officer
Telephone Number: 828-259-5493
Case No. 00-1094

CITY OF ASHEVILLE'S HOUSING CODE ENFORCEMENT
PROCESS SUMMARY
Inspection and "Complaint and Notice of Hearing." When your property is
inspected and conditions are found which violate the Asheville Housing Code, a
Complaint and Notice of Hearing is sent to inform you of the hearing date to
discuss those conditions.
2. Hearing. A hearing will be held to discuss whether or not the Housing Code
violation exists on your property. You may appear at hearing and ask any
questions you have about the code enforcement process, receive explanations
regarding the violations, dispute any violations, and present evidence regarding
any violations. You may also submit a written response to the Complaint and
Notice of Hearing.
It is not mandatory. to attend a hearing. If you wish to attend but cannot attend on
the date it has been scheduled, you may contact the inspector at the number listed
on the notice before the hearing date scheduled and arrange another date. If you
do not wish to attend a hearing, the inspector will write up the violation and send
you the following notice.
3. "Findings of Fact and Order." If the hearing confirms the existence of Housing
Code violations, a Findings of Fact and Order will be sent to you stating that
conditions exist in your property which violate one or more of the minimum
standards listed in the Housing Code. If some of the violations on your property
are considered dangerous, the notice may state that your property is "unsafe."
This notice also lists the violations on your property and orders you either to
repair or demolish the dwelling within a specific time period.
A. If the City's estimated cost of repairs is less than 50% of the current tax
value of the dwelling, you will be ordered to repair the dwelling.
B. If the estimated cost of repairs is more than 50% of the current tax value
of the dwelling, you will be ordered to demolish the dwelling. If you
receive an order to demolish the property, you will generally be provided
the option to repair the property, conditioned on your providing written
notice to the Housing Inspector within 10 days after receiving the Findings
of Fact.
4. Appeals. If you disagree with the Order or feel that it is unfair, you may write a
letter to the Housing Appeals Board within 10 days of receiving the Findings of
Fact and Order. Your letter should be addressed to the same address listed for the
Housing Division. The appeal to the Housing Appeals Board must specifically.
state the issues of the disagreement. The Housing Appeals Board will notify you
and other interested parties of the time and place for hearing your appeal.

If you are not satisfied with an order issued by the Housing Appeals Board the
board will inform you how you may appeal the Order..
Building Permits. Building permits for some repairs and all demolitions, as set
forth in State law, are required and can be obtained from the Asheville Building
Safety Department. The Asheville Building Safety Department is located at 161
South Charlotte Street for additional information call [phone]. When
repairing a dwelling that has been ordered to be demolished, a building permit
must be obtained from the Asheville Building Safety Department prior to repairs
beginning. Also, the repair work must meet the State Building Code Standards.
6. Housing Rehabilitation Loans. If you need financial assistance to repair the
code violations identified by an inspector on your property and you live in the
home, you may qualify, based on income guidelines, for a low -interest or deferred
payment loan under the City's Rehabilitation Loan Program (FAIR Loan). If you
require additional information on this program, call [phone]. If you need
financial assistance to repair the code violations on property that you own but do
not occupy, you may qualify for a loan through the City's Investor Rehabilitation
Program (Carrot Loan). If you require additional information on this program call
[phone].
7. Civil Penalties (Fines). If your property has not been brought into compliance
with the City of Asheville's Housing Code by the final date designated, civil
penalties will begin to accrue at the rate of $100 for the first day (after the final
date given for bringing your property into compliance) and $10 per day thereafter
until your property is in compliance. A bill will be sent to you for the amount
due; and, if the bill is not paid, the City may file a lawsuit against you to collect
the civil penalties.
8. Memorandum of Understanding. If you see that the repair or demolition of the
dwelling is going to take longer than the time stated in the Findings of Facts and
Order, you may enter into a Memorandum of Understanding. The Memorandum
of Understanding is an agreement between the City and the property owner that
establishes a time schedule for the repairs or demolition to be completed within a
specified deadline. Civil penalties will continue to accrue. If the property
owner(s) bring the property into compliance within the guidelines of the
Memorandum of Understanding, the civil penalties may not be assessed.
9. Occupancy of the Building. It is unlawful for you or anyone else to allow
anyone to move into a dwelling if:
a) a Finding of Fact and Order has been issued, and
b) the violations cited in the Order have not been corrected and
signed off by the inspector.

It is unlawful for the owner to collect rent if there is no Housing Certificate for the
building as a result of Minimum Housing Code violations.
Violators are subject to prosecution in criminal court.
10. When the final date for compliance has elapsed and your property is still not in
compliance, the following action may occur:
The Housing Program staff will prepare the case to go before City
Council. Following approval by City Council, the City hires a contractor
to repair or demolish your property and bill you for that cost. If you do
not pay the bill, a lien in that amount will be filed against your property.
Even if such action is taken against your property, civil penalties will
continue to accrue against you until the property has been brought into
compliance with the Housing Code.
IF YOU HAVE QUESTIONS, PLEASE CALL THE INSPECTOR WHO INSPECTED
YOUR PROPERTY AT THE TELEPHONE NUMBER LISTED ON THE
COMPLAINT AND NOTICE OF HEARING OR FINDINGS OF FACT ORDER. A
COPY OF THE CITY OF ASHEVILLE'S HOUSING CODE AND AMENDMENTS
MAY BE OBTAINED FROM THE CITY OF ASHEVILLE'S HOUSING
DEPARTMENT.
City of Asheville
Housing Code Enforcement
161 South Charlotte Street
Asheville, NC 28801

SCATE o
Rate of &Nnrt4 QTarnlina
33epaitment of Jitsfire
MICHAEL F. EASLEY Suite 300
Attorney General 124 College Street
Asheville, NC 28801
18 September 2000
Beecher R. Gray
Administrative Law Judge
Office of Administrative Hearings
6714 Mail Service Center
Raleigh NC 27699-6714
RE: Jackson v. DENR
OAH File No. 00 EHR 0568
Dear Judge Gray:
Western Office
Phone: [phone]
Fax: [phone]
I am enclosing for your consideration a proposed Final Decision dismissing the above -referenced
contested case for failure of the petitioner to prosecute this action.
SPS
xc
Thank you for considering this matter.
Amos W. Jackson
Kerr T. Stevens
Forrest R. Westall
Sincerely,
Sueanna P. Sumpter
Assistant Attorney General
� i
An Equal Opportunity / Affirmative Action Employer rr

STATE OF NORTH CAROLINA
COUNTY OF BUNCOMBE
Amos Walter Jackson,
Petitioner,
V.
N.C. Department of Environment
and Natural Resources,
Respondent.
ISSUE
IN THE OFFICE OF
ADMINISTRATIVE HEARINGS
00 EHR 0568
FINAL DECISION
Should this contested case be dismissed for failure of the
petitioner to prosecute the case?
FINDINGS OF FACT
1. On 24 April 2000, petitioner filed with the Office of
Administrative Hearings a petition for contested case hearing in
which he indicated that his mailing address was 1074 West Chapel
Road, Asheville N.C., 28803.
2. This contested case was scheduled to be heard on 8
September 2000, at 10:00 a.m., at the Henderson County Courthouse.
Notice of the date, time, and location for the hearing was sent to
the parties by certified mail, return receipt requested, on 17
August 2000. The notice of hearing was mailed to petitioner at the
address provided in his petition.
3. When this matter was called for hearing on 8 September
2000, respondent's counsel and witnesses were present. Petitioner
did not appear.

case.
- 2 -
4. The petitioner has failed to prosecute this contested
CONCLUSION OF LAW
This contested case is subject to dismissal pursuant to
N.C.G.S. §§ 1A-1, Rule 41(b) , 150B-3.3(b) (10) , 150B-36(c) (3) , and 26
N.C. Admin. Code 3 .0114 for failure of the petitioner to prosecute
the case.
FINAL DECISION
It is hereby ORDERED that this contested case be dismissed
with prejudice.
NOTICE
This final decision is subject to judicial review in the
Superior Court Division of the North Carolina General Court of
Justice in accordance with the provisions of N.C.G.S. Chapter 150B,
Article 4, which require that an appeal be filed in the Superior
Court within thirty (30) days following service upon the person of
a written copy of the final decision.
This the day of September, 2000.
Beecher R. Gray
Administrative Law Judge

STATE OF NORTH CAROLINA
COUNTY OF BUNCOMBE
STATE OF NORTH CAROLINA )
ex rel., WILLIAM G. ROSS, JR., )
SECRETARY, NORTH CAROLINA )
DEPARTMENT OF ENVIRONMENT )
AND NATURAL RESOURCES, )
Plaintiff, )
V. )
AMOS WALTER JACKSON, )
Defendant. )
IN THE GENERAL COURT OF JUSTICE
SUPERIOR COURT DIVISION'
FILE NO. 02 CvS
COMPLAINT
NOW COMES the plaintiff, the State of North Carolina, and
complaining of the defendant, says and alleges:
PARTIES
1. The plaintiff is the sovereign State of North Carolina.
The Department of Environment and. Natural Resources ("DENR") is an
agency of the State established pursuant to the provisions of
N.C.G.S. § 143B-279.1 et seq. William G. Ross,, Jr. is the
Secretary of the said State agency.
2. Upon information and belief, the defendant, Amos Walter
Jackson, is a citizen and resident of Buncombe County, North
Carolina.
JURISDICTION AND VENUE
3. Pursuant to N.C.G.S. § 143-215. 6A (g) , the Superior Court
has jurisdiction over this action for collection of civil
penalties. Further, Buncombe County is the proper venue for this
action because the defendant resides therein.
GENERAL ALLEGATIONS
Applicable Laws and Rules
4. The plaintiff is authorized to take enforcement action to
restrain violations of Chapter 143, Article 21, of the North
Carolina General Statutes. At all times relevant herein, N.C.G.S.
§ 143-215.6A(a) provided that, for violations occurring prior to 1

-2-
October 1999,. a civil penalty of not more than ten thousand dollars
($10,000.00) might be assessed against any person who failed to
secure a permit required by N.C.G.S. § 143-215.1 or violated the
terms of such a permit. For violations occurring after 1 October
1999, a penalty of.not more than twenty-five thousand dollars
($25,000) might be assessed for such violations.
5. Pursuant to N.C.G.S. § 143-215.6A(d), if a civil penalty
is assessed, the Secretary shall notify the violator of the
assessment and the specific reasons therefor by registered or
certif ied mail, or by any means authorized by N . C . G . S . § 1A-1, Rule
4. Pursuant to N.C.G.S. §§ 143-215.6A(d) and (f), the violator,
within thirty (30) days of receipt of notice of the assessment,
must either: pay the penalty, file with the Office of
Administrative Hearings ("OAH") a petition for contested case
hearing, or file with the Secretary a request for remission of the
penalty.
6. Pursuant to N.C.G.S. § 143-215.6A(g), if the penalty is
not paid within 30 days following service of notice upon the
violator, the Secretary shall request the Attorney General to
institute an action in the Superior Court of any county where the
violator resides or has his or its principal place of business to
recover the amount of the assessment, unless the person assessed
requests a contested case hearing or remission. If the penalty -is
contested and remains unpaid 30 days following the final agency
decision, a collection action the Secretary shall request that a
collection action be commenced.
Factual Allegations
6. On 18 February 2000, the Regional Supervisor for the
Division of Water Quality assessed against the defendant civil
penalties and investigative costs in the total amount of eight
thousand two hundred sixty-five dollars and fifty-five cents
($8,265.55) for seven violations of N.C.G.S. § 143-215.1. Copies
of the assessment and accompanying notice of same are attached,
marked as "Exhibit A," and incorporated by reference herein.
7. The notice accompanying the assessment informed the
defendant that, within thirty (30) days of his receipt of same, he
must either pay the assessment, file with the OAH a petition for
contested case hearing, or file with the Secretary a request for
remission.

-3-
10. The defendant thereafter commenced a contested case in
the OAH, which case was assigned file number 00 EHR 0568. That
litigation concluded on 22 September 2000, upon entry of a Final
Decision dismissing the defendant's case for his failure to
prosecute same. A copy of the Final Decision was served upon the
defendant by first-class mail on 25 September 2000. The defendant
did not seek judicial review of the decision.
11. Although the defendant has no legal ground to challenge
the propriety of the civil penalty assessment of 18 February 2000,
he has thus far failed and refused to pay to the plaintiff the
amount due and owing.
12. Plaintiff is entitled as a matter of law to a money
judgment against the defendant in the amount of eight thousand two
hundred and sixty-five dollars and fifty-five cents ($8, 265 .55) and
costs of this action.
WHEREFORE, the plaintiff prays that the Court grant it the
following relief:
1. That this verified complaint be accepted as an affidavit
upon which to base all Orders of the Court.
2. That the Court enter a money judgment against the
defendant in favor of the plaintiff in the amount of eight thousand
two hundred and sixty-five dollars and fifty-five cents ($8,265.55)
and the costs of this action.
3. For such other and further relief as to the Court seems
just and proper.
This the -day of June, 2002.
ROY A. COOPER
Attorney Gene�al f--�
Sueanna P. Sumpter
Assistant Attorney General
N.C. Department of Justice
124 College Street, Suite 300
Asheville NC 28801
Telephone: [phone]
State.Bar No. 9404

-4-
STATE OF NORTH CAROLINA
COUNTY OF BUNCOMBE
VERIFICATION
Forrest R. Westall, first being duly sworn, deposes and says
that he is the Regional Water Quality Supervisor for the Division
of Water Quality, Department of Environment and Natural Resources;
that he has read the foregoing Complaint and is familiar with •all
the facts and circumstances stated therein; and that the same are
true within the scope of his knowledge except as to those matters
and things stated and alleged upon information and belief and, as to
those matters and things, he believes them to be true.
/rw J71,&�/
This the � day of fie-, 2002.
Forrest R. Westall
Regional Water Quality Supervisor
Sworn to and subscribed before me
this the day of June, 2002.
Notary Public
My Commission Expires:
(SEAL)

STATE OF NORTH CAROLINA
COUNTY OF Buncombe
IN THE MATTER OF
Mr & Mrs Amos Jackson
FOR OPERATION OF A
TREATMENT WORKS OR
DISPOSAL SYSTEM
WITHOUT A PERMIT
NORTH LAROLINA
ENVIRONMENTAL MANAGEMENT T COM141I S S I ON
File No.DV 99-027
FINDINGS AND DECISION
AND ASSESSMENT OF
CIVIL PENALTIES
Acting pursuant to North Carolina General Statute (G.S.) 143-
215.6A and delegation provided by the Secretary of the Department of
Environment and Natural Resources, I, Kerr T. Stevens, Director of
the Division of Water Quality (DEM), make the following:
I. FINDINGS OF FACT:
A. On May 28, 1999; June 15, 1999; July 14, 1999; August 11,
1999;-October 8, 1999; October 19,-1999; and December 2,
1999, DWQ staff observed a discharge of untreated sewage
from a broken building sewer line exclusively serving the
residence of Mr & Mrs Amos Jackson, 1074 West Chapel Road in
Asheville, N.C., Buncombe County. Sewage from this sewer
line break is allowed to pool on vacant property owned by Ms
Katherine Burton of 1716 North 18th Street, Philadelphia,
Pa. Sewage is allowed to flow onto adjacent residential
property owned by Ms. Drucilla Watkins of ^--_08 Caribou Road,
Asheville, N.C. No discharge to North Carolina surface
waters was noted.
B. Mr and Mrs Amos Jackson own the.residence located at 1074
West Chapel Road, Asheville, N.C.
C. Mr and Mrs Amos Jackson had no valid permit for use of the
vacant property described above as a wastewater disposal
system.
D. A check with the Buncombe County Health Department indicates
that no permit has been issued for an on -site disposal
system on any of the properties cited in paragraph A above.
E. The cost to the State of the enforcement procedures in this
matter totaled $265.55
EXHIBIT A

Based upon the above Findings of Fact, I make the following:
II. CONCLUSIONS OF LAW:
A. Mr & Mrs Amos -Jackson is a "person" within the mear_irg of
G.S.143-215.6A pursuant to G.S. 143-212(4).
B. The wastewater treatment works or disposal system cited in
finding of Fact C above falls within the definition of same
at G.S. 143-213(10) or G.S. 143-213(17).
C. A _permit is required for the,operation of a treatment works
or disposal system pursuant to G.S. 143-215.1(a)(2).
D. Mr and Mrs Amos Jackson violated G.S. 143-215.1(a)(2) by
operating the treatment works or disposal system at 1074
West Chapel Road in Asheville, N.C., on May 28, 1999; June
15, 1999; July 14, 1999; August 11, 1999; October 8, 1999;
October 19, 1999; and December 2, 1999.
E. Mr and Mrs Amos Jackson 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 per violation may be assessed against a
person who is required but fails to apply for or to secure a
permit required by G.S. 143-215.1.
F. The State's enforcement costs in this matter may be assessed
against Mr and Mrs Amos Jackson pursuant to G.S. 143-
215.3(a)(9) and G.S. 143B-282.1(b).(8).
F. The Director, Division of Water Quality, pursuant to
delegation provided for by G.S. 143-215.6A(h), has the
authority to assess civil penalties in this matter.

Based uoon the above Findings of Fact and Conclusions of Law, I
make the following:
III. DECISION-
Accordingly, Mr and Mrs Amos Jackson are hereby assessed a civil
penalty of:
$ O p for failing to apply for or to secure a
hermit as required by G.S. 143-215.1
for O_Derat'_on of the subject treatment
works or disposal system on May 28,
1999.
$ So Q for failing to apply for or to secure a
permit as required by G.S. 143-215.1
for operation of the subject treatment
works or disposal system on June 15,
1999.
for failing to apply for or to secure a
permit as required by G.S. 143-215.1
for operation of the subject treatment
works or disposal system on July 14,
1999.
$ 00 o _ for failing to apply for or to secure a
permit as required by G.S. 143-215.1
for o_eration of the subject treatment
works or disposal system on August 11,
1999.
$ 00 p for failing to apply for or to secure a
permit as required by G.S. 143-215.1
for operation of the subject treatment
works or disposal system on October 8,
1999.
$ Z p o p for failing to apply for or to secure a
permit as required by G.S. 143-215.1
for operation of the subject treatment
works or disposal system on October 19,
1999.
$ n o 6 for failing to apply for or to secure a
permit as required by G.S. 143-215.1
for operation of the subject treatment
works or disposal system on December 2,
1999.
TOTAL CIVIL PENALTY, which is T o

percent of the maximum penalty
authorized by G.S. 143-215.
$ 26z S. S S Enforcement costs
$ g �2 S . 5 S • - TOTAL AMOUNT DUE
As required by G.S. 143-215.6A(c), in determining the amount of
the penalty I have considered the factors listed in
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 non-compliance;
(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.
(Date) Kerr T. Stevens, Director
Division of Water Quality

STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT
COMMISSION
COUNTY OF
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND
PERMIT NO. ) STIPULATION OF FACTS
FILE NO.
Having been assessed civil penalties totalling for violation(s) as
set forth in the assessment document of the Director of the Division of Water Quality dated,
the undersizned, desiring to seek remission of the civil penalties, 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.
This the day of , 19
SIGNATURE
ADDRESS
TELEPHONE

STATE OF NORTH CAROLINA IN THE OFFICE OF
ADMINISTRATIVE HEARINGS
COUNTY OF BUNCOMBE 00 EHR 0568
SE-Z io Phi
Amos Walter Jackson, )
Petitioner, FLED)
V.OFF�i c" ,...FINAL DECISION
N.C. Department of Environment )
and Natural Resources, )
Respondent. )
ISSUE
Should this contested case be dismissed for failure of the
petitioner to prosecute the case?
FINDINGS OF FACT
1. On 24 April 2000, petitioner filed with the Office of
Administrative Hearings a petition for contested case hearing in
which he indicated that his mailing address was 1074 West Chapel
Road, Asheville N.C., 28803.
2. This contested case was scheduled to be heard on 8
September 2000, at 10:00 a.m., at the Henderson County Courthouse.
Notice of the date, time, and location for the hearing.was sent to
the parties by certified mail, return receipt requested, on 17
August 2000. The notice of hearing was mailed to petitioner at the
address provided in his petition.
3. When this matter was called for hearing on 8 September
2000, respondent's counsel and witnesses were present. Petitioner
did not appear. �!~�
C :::: EXHIBIT B

- 2 -
4. The petitioner has failed to prosecute this contested
case.
CONCLUSION OF LAW
This contested case is subject to dismissal pursuant to
N. C. G. S . §§ 1A-1, Rule 41 (b) , 150B-33 (b) (10) , 150B-36 (c) (3) , and 26
N.C. Admin. Code 3 .0114 for failure of the petitioner to prosecute
the case.
FINAL DECISION
It is hereby ORDERED that this contested case be dismissed
with prejudice.
NOTICE
This final decision is subject to judicial review in the
Superior Court Division of the North Carolina General Court of
Justice in accordance with the provisions of N.C.G.S. Chapter 150B,
Article 4, which require that an appeal be filed in the Superior
Court within thirty (30) days following service upon the person of
a written copy of the final decision.
This the day of September, 2000.
L
Beecher R. Gray
Administrative Law Judge

A copy of the foregoing was mailed to:
Amos W. Jackson
1074 West Chapel Road
Asheville, NC 28803
Petitioner
Sueanna P. Sumpter
Assistant Attorney General
NC Department of Justice
124 College Street
Suite #300
Asheville, NC 28801
Attorney for Respondent
This the � 5' day of September, 2000.
Office of Administrative Heari s
6714 Mail Service Center
Raleigh, N.C. 27699-6714
919/733-2698
Fax: [phone]

,Sfafe of North C artzlina
PiepaYtralenI of Anzfirr
n n7
1SHEl4il.l_
ROY COOPER Suite 300 Western Office
Attorney General 124 College Street Phone: [phone]
MEMORANDUM Asheville, NC 28801 Fax: [phone]
ATTORNEY -CLIENT COMMUNICATION
Privileged and Not Public Record
TO: Forrest R. Westall
Regional Water Quality Supervisor
FROM: Sueanna P. Sumpter
Assistant Attorney General
DATE: 25 June 2002
SUBJECT: Civil Penalties Assessed Against Mr. and Mrs. Amos Jackson
DWQ file number DV 99-027
I am enclosing for your review and verification a draft complaint to be filed against Amos Walter
Jackson. Please let me know if amendments or corrections are required. If the draft is satisfactory, please
verify the original and return it to me. The copy is for your records.
Please note that the complaint seeks relief against Mr. Jackson, only. While the assessment was
made against the defendant and his wife, the accompanying notice recites that it is against the defendant,
alone. Only Mr. Jackson commenced a contested case after receiving the notice. Further, while Max had
the assessment served upon the Jacksons by the Sheriff, he apparently did not get a written return of
service. The bottom line is we cannot prove service of the assessment and notice, and the notice did not
indicate that the agency had taken any action against Mrs. Jackson.
I will be happy to discuss this with you at your convenience.
/SPS
Enclosure
xc: Linda Forehand Fitzpatrick (w/enclosure)
II'
An Equal Opportunity / Affirmative Action Employer to

May 19 '00 8:09 P.01/0.3
t tie of. (gaftlfin x
MICHAEL F. EASLEY Suite 300 Western Office.
Ahornoy Gpngral 124 College Street PFoxej8288) 2 8-603
AsheAl�, NO 28801
EAMMIL TRA' NSM°ISSION OVER SHEET
Note: The information contained In this'facsIMM rmessage,.is confidential -information intended only for the u'se
of the individual or entity .named .below. If, the reader of -this message Is not the Intended recipient, you are
hereby notified that any•dissaMihation, distribution ar copy of this telecopy is strictly. prohibited. If you have
received.this'telecopy in error, please Immecilat0y,notify ua 4y teI'ephon6 and return'the original, message to us
at the address above via United States .Postal'Ser.Vice Thank you.
DATE: May-49, 2000.
TO: Forrest R. Wasiall
Max Haner
FAX NO: 251-6462
r r *4?
FROM: Sueanna'P. Sumpter. ,,�':s;=tea 'OOp;j',',5-
Asaia..ant.Atto:rdey r3>rtiQ.ral'
•A.ttornsy GefibrOs' -Wes.tern Office
SUBJECT: Jackson v. DENR -
0,4H File No. OO..;EHR:0568.
DWQ Pile .No. 'DV 99r027
NUMBER OF PAGES INCLUDING COVER SHEET: 3
.r, QQMMENTS: Attached is :the.. petition fi.led.by'Mr. Jackson on 1. May 00.
Sueanna .
An Equal Oppprtunity/Affirmative Action Employer

May 19 '00 8:09 P.02/03
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STATE OF NORTH CAROLINA
OFFICE OF ADMINISTRATIVE HEARINGS
Mailing Address:
6714 Mail Service Center
Raleigh, NC 27699-6714
Amos W Jackson
1074 West Chapel Road
Asheville, NC 28803
Dear Mr. Jackson:
April 17, 2000
I t- ,
APi1GJ20
N. C. lATTOKI1 Ey GENERAL
i;nvironmenta6 Division
Street address:
424 N. Blount St.
Raleigh, NC 27601-2817
yyk• � i/L
AVR �a �
0D
Your letter of appeal was received in our office on April 17, 2000. However, the Clerk's
Office cannot determine if your letter constitutes a Petition, therefore without further
clarification we cannot open a Contested Case in this matter. .
Please find enclosed the necessary form to file a Petition for a Contested Case Hearing.
If our office can be of any further assistance, please feel free to contact us.
Sincerely,
Maria Erwin
Deputy Clerk
Enclosures
cc: Secretary William E. Holman
Administration Hearings Division Clerk's Office
[phone] [phone] [phone]
fax: [phone] fax: [phone] fax: [phone]
Rules Division
[phone]
fax: [phone]
An Equal Employment Opportunity Employer

FILED
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'S&fa e of orb C�rxrnCtrttt
Peparlmicu"t of J1t5fire
MICHAEL F. EASLEY Suite 300 Western Office
Attorney General 124 College Street Phone: [phone]
Asheville, NC 28801 Fox: [phone]
-- MEMORANDUM TO: Kerr T. Stevens, Director, Division of Water Quality
Forrest R. Westall, Regional Water Quality Supervisor
Asheville Regional Office
FROM: Sueanna P. Sumpter
Assistant Attorney General
DATE: June 5, 2000
RE: Amos Walter Jackson v. DENR
OAH 00 EHR 568 Buncombe County
. I am sending to you copies of the scheduling order entered by the Administrative Law Judge
in the above -referenced contested case. As you will note, the hearing in this matter will be held the
week of September 4, 2000, in Asheville, North Carolina.
The following persons may be called to testify at the hearing:
Kerr T. Stevens, Director
Division of Water Quality
Forrest R. Westall, Regional Water Quality Supervisor
Asheville Regional Office
Max Haner, Environmental Chemist
Asheville Regional Office
Please let me know immediately if any of the persons listed above cannot be available on the
date proposed.
Thank you.
SPS/Igg
Enclosure
An Equal Opportunity / Affirmative Action I

FILED
OFFICE OF
ADMINISTRATIVE HEARINGS
Apr 27 9 00 AYI 2000
STATE OF NORTH CAROLINA
COUNTY OF BUNCOMBE
IN THE OFFICE OF
ADMINISTRATIVE HEARINGS
00 EHR 0568
Amos Walter Jackson )
Petitioner, )
V. ) SCHEDULING ORDER
N. C. Department of Environment and )
Natural Resources )
Respondent. )
The undersigned has established the following Scheduling Order. This Scheduling
Order may be later amended in the discretion of the Administrative Law Judge, based upon
information provided in the parties' Prehearing Statements. The parties will be notified of
any changes by way of an Amended Scheduling Order.
1. The hearing for this contested case will be in Asheville, North Carolina, for the
week beginning September 04, 2000. At least 15 days prior to the hearing the
Administrative Law Judge will mail to the parties a more specific notice of the
date, time and location of the hearing.
2. Discovery shall be completed on or before August 21, 2000.
IT IS SO ORDERED.
This the 26th day of April, 2000.
Becher R. Gray
Administrative Law Judge
' 'li0-

ppp-ppp,
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11�
MICHAEL F. EASLEY
Attorney General
— MEMORANDUM --
TO:
FROM:
DATE:
RE:
Kerr T. Stevens
Director, Division of
oNart4
ClTarj alma
!ElatY I nt of Unstire
ite 300
>Ilege Street
1, NC 28801
uality
Forrest R. Westall, Regional Water Quality Supervisor
Sueanna P. Sumpter
Assistant Attorney G neral
August 22, 2000
Amos Walter Jackson v. DENR
Buncombe County
OAH File No: 00 EHR 568
Western Office
Phone: [phone]
Fax: [phone]
I am sending to you copies of the Notice of Hearing setting the above -referenced
case for hearing on September 8, 2000 at 10:00 a.m. at the Henderson County Courthouse,
Grand Jury Room, 200 North Grove Street, Hendersonville NC.
The following persons may be called to testify at the hearing:
Kerr T. Stevens, Director
Division of Water Quality
Forrest R. Westall
Regional Water Quality Supervisor
Max Haner
Environmental Chemist, ARO
Please let me know immediately if any of the persons listed above cannot be
available on the date proposed. ,.
Thank you.
/Igg
Enclosure
An Equal Opportunity / Affirmative Action Employer �~

PPIPPp- -
FILED
OFFICE OF
ADMINISTRATIVE HEARINGS
STATE OF NORTH CAROLINA
COUNTY OF BUNCOMBE
Aug 17 10 19 AM 2000
6 1 20nn
IN THE OFFICE OF
ADMINISTRATIVE HNA.M. QS
00 EHR 0568
Amos Walter Jackson )
Petitioner )
VS. ) NOTICE OF HEARING
G.S. 15016-23(b)
N. C. Department of Environment and )
Natural Resources )
Respondent )
NOTICE IS HEREBY GIVEN that the above -captioned case will be brought on for
hearing before the undersigned administrative law judge on September 8, 2000, at 10:00 a.m.
in the Henderson County Courthouse, Grand Jury Room, 200 North Grove Street,
Hendersonville, North Carolina.
1. This hearing will be conducted in accordance with G.S. Chapter 150B and the Rules of
Contested Case Hearings in the Office of Administrative Hearings, copies of which
may be obtained at cost from Molly Masich, Director of APA Services or by accessing
the OAH Web page at www.oah.state.nc.us/hearings/hearOl.htm#0101.
2. Unless otherwise determined by the administrative law judge, the hearing will proceed
in the following sequence:
a. Call of the case
b. Motions and other preliminary matters
C. Stipulations, agreements, or consent orders entered into the record
d. Opening statements
e. Presentation of evidence; cross-examination
.f.. Final arguments
3. All parties are hereby notified to bring to the hearing all documents, records, and
witnesses needed to present the party's case.
NOTE: IF SPECIAL EQUIPMENT IS REQUIRED FOR THE PRESENTATION
OF EVIDENCE, THE PARTIES ARE RESPONSIBLE FOR MAKING
ARRANGEMENTS FOR THE EQUIPMENT.
4. Subpoenas may be available to the parties pursuant to 26 NCAC 3 .0113 to compel the
attendance of witnesses or for the production of documents.
5. A party may represent himself or be represented by an attorney. A party who is

represented by an attorney must file a Notice of Representation within 10 days of
service of this Notice containing the name, address, and telephone number of the
attorney, unless the attorney has already corresponded with this Office concerning
this case.
TAKE NOTICE THAT A FAILURE TO APPEAR AT THE HEARING MAY RESULT IN:
1. A finding that the allegations of or the issues set out in this Notice may be taken as
true or deemed proved without further evidence;
2. Dismissal of the case or allowance of the motion or petition;
3. Suppression of a claim or defense; or
4. . Exclusion of evidence.
NOTICE OF CANCELLATION OF HEARING
THE PARTIES MUST NOTIFY THE OFFICE OF ADMINISTRATIVE HEARINGS
AT LEAST 24 HOURS PRIOR TO THE CANCELLATION OF THE CONTESTED CASE
HEARING. FAILURE TO GIVE TIMELY NOTICE OF CANCELLATION MAY RESULT
IN A CHARGE TO THE PARTIES FOR THE COST OF THE COURT REPORTER OR
HEARING ASSISTANT. SEE 26 NCAC 3.0122(2).
This the 17th day of August, 2000.
Becher R. Gray
Administrative Law Judge

ve SfATF q
IL 11.177/i *�
QUAM
PHONE:
TO:
N. C. DEPARTMENT OF ENVIRONMENT AND
NATURAL RESOURCES
DIVISION OF WATER QUALITY
WATER QUALITY SECTION
ASHEVILLE REGIONAL OFFICE
59 WOODFIN PLACE
ASHEVILLE, NORTH CAROLINA 28801
828/251-6208 FAX: [phone]
FAX #: l s I 5 0"
FROM:
DATE: 8
# OF PAGES INCLUDING THIS COVER:
MESSAGE: If questions, please call 828/251-6208.

STATE OF NORTH CAROLINA IN THE OFFICE OF
ADMINISTRATIVE HEARINGS
COUNTY OF BUNCOMBE 00 EHR 0568
Amos Walter Jackson, )
Petitioner, )
V. )
N.C. Department of Environment )
and Natural Resources, )
Respondent. )
RESPONDENT'S EXHIBIT LIST
1. Letter dated.15 June 1999 from Max L. Haner to Mr. and Mrs.
Amos Jackson.
2. Letter dated 11 August 1999 from Max L. Haner to Mr. and Mrs.
Amos Jackson.
3. Memorandum dated 6 December 1999 from Max L. Haner through
Forrest R. Westall to Coleen Sullins (without attachments A
and B), and Enforcement Case Assessment Factors.
4. Letter dated 9 February 2000 from Forrest R. Westall to Mr.
and Mrs. Amos Jackson.
5. Assessment Factors Worksheet dated 18 February 2000, completed
by Kerr T. Stevens.
6. Civil Penalty Assessment and Notice.
7. Resume, Max L. Haner.
8. Resume, Kerr T. Stevens.

k -
MAX HANER
1. Describe duties and responsibilities in current position.
Qualify as expert in field of Environmental Science.
2. Familar with Amos Jackson? How?
3. Occasion to inspect property located in City of Asheville and
owned by Amos Jackson and wife?
4. Where located?
5. For purposes of illustration, please use poster paper and
draw the layout of the streets in the vicinity of the Jackson
residence.
Mark as R Ex. 9.
6. Locate the Jackson residence on the drawing.
7. Occasion to inspect the condition of the service line which
connects the Jackson residence with the collection system of the
Metropolitan Sewerage District?
B. What is the Metroppolitan Sewerage District? (refer to
subsequently as "MSD") .
9. Indicate on R Ex. 9 the location of the service line and the
MSD collection system.
10. When did you first become aware of the petitioner's service
line?
- May, 1999
11. How did you first learn of the line?
complaint from adjacent property owner
12. What did.you do in response to this complaint?
- inspected line
spoke with neighbor.
Identify that property owner.
State where her property is located
Show on R. Ex. 9
spoke with petitioner
13. Date of first inspection
- 28 May 1999

- 2 -
14. When you indicated you inspected line on this date, what
exactly did you do?
- What part of line did you look at?
Show location on drawing, R Ex. 9
15. What did you observe?
- discharge from line
- untreated domestic wastewater
- pooling on vacant lot
- travels onto dog lot owned by neighbor
16. Had the petitioner created, and was he operating a disposal
system for his untreated wastewater?
state why
17. Is a permit required for creation and/or operation of a
disposal system? Who issues?
18. Did the petitioner have a permit for a disposal system?
19. Has he at any time since obtained such a permit?
20. Proximity of discharge to occupied dwellings
21. Dog lot being occupied by neighbor's animals?
22. Aware of characteristics of untreated domestic wastewater?
- state what constituents of concern carried by such
state why these are of concern
23. Odor?
24. Discuss situation with petitioner on this date?
25. Relate substance of yr conversation
- Pet said he had repaired line in front of his hoome
- Max told him break was a telephone pole on neighboring
prop.
- Pet said he knew location, had watched his father put in
line
- Pet stated he would fix problem, either personally or by
hiring someone to make repair
26. Did pet acknowledge ownership of the service line?

27. When did you next inspect?
- 15 June 1999
28.
Any
change in condition
of line or
discharge?
29.
Did
you take any action
following
inspection on 6/15?
30. Id R. Ex. 1
NOV dated 15 June
31. What information did you provide to the petitioner in the NOV
service line clogged and broken
discharging
- understands that MSD does not own or maintain the line
also understands that do coming from pet's residence
if info correct, please fix line
please call to discuss
32. Did petitioner call you?
33. Did you next have occ to inspect on 14 July 1999?
34. Any change to line or discharge?
35. Id R. Ex. 2
NOV dated 11 August
36. Why sent?
37. What info provided?
38. Did NOV indicate that enforcement action possible?
39. Any response from petitioner?
40. Next have occ to inspect on 8 October 1999?
41. Any change to line or discharge?
42. Discuss with petitioner?
- Did pet deny responsibility for making repair?
Did he make any reps about beginning repairs
- wd start next day

43. Did you next have occ to inspect on 11 October
44. Any change to line?
45. Discuss with anyone at site?
pet' s wife
advised her of problem
46. Did you next have occ to inspect on 19 October
47. Any change to line? Any evidence of work to repair?
U 48. Discuss with anyone at site?
r
- no, no one available
49. Next inspect on 2 December 1999?
50. Any change to line? discharge continuing? Any ev. of repair?
51. ID R. Ex. 3
52. Purpose of these documents? Refer for civil penalties.
53. Who assesses penalties for violations of 143-215.1?
e Director, Division of Water Quality
s J Kerr T. Stevens
54. What info did you provide for consideration by the Dir?
55. What docs were attached to memo?
- R. Ex.s 1 and 2
- Map
Enforcement Case Assessment Factors
keyed to factors Director required to consider when
determining amt of civil penalty
56. Taking ECAFs in turn, state what information you provided?
57. ID R. Ex. 4
58. Purpose of sending this letter?
59. As of 18 February, 2000, date the subject assessment made, had
the discharge been corrected?

INTRO R. Ex. 1-4, 7, 9

FILED
OFFICE OF
ADMINISTRATIVE HEARINGS
Apr 27 9 00 AM 2000
STATE OF NORTH CAROLINA
COUNTY OF BUNCOMBE
Amos Walter Jackson
Petitioner,
V.
N. C. Department of Environment and
Natural Resources
Respondent.
IN THE OFFICE OF
ADMINISTRATIVE HEARINGS
00 EHR 0568
SCHEDULING ORDER
The undersigned has established the following Scheduling Order. This Scheduling
Order may be later amended in the discretion of the Administrative Law Judge, based upon
information provided in the parties' Prehearing Statements. The parties will be notified 'of
any changes by way of an Amended Scheduling Order.
1. The hearing for this contested case will be in Asheville, North Carolina, for the
week beginning September 04, 2000. At least 15 days prior to the hearing the
Administrative Law Judge will mail to the parties a more specific notice of the
date, time and location of the hearing.
2. Discovery shall be completed on or before August 21, 2000.
IT IS SO ORDERED.
This the 26th day of April, 2000.
-` eecher R. Gray
Administrative Law Judge
00

On this date mailed to:
Amos W Jackson
1074 West Chapel Road
Asheville, NC 28803
PETITIONER
Secretary William E. Holman
N. C. Department of Environment and
Natural Resources
Attn: Daniel F. McLawhorn
512 North Salisbury Street
Raleigh, NC 27611
RESPONDENT
This the 26th day of April, 2000.
Kim Hausen
Chief Hearings Clerk
Office of Administrative Hearings
6714 Mail Service Center
Raleigh NC 27699-6714
919/733-0926

FILED
OFFICE OF
ADMINISTRATIVE HEARINGS
Apr 27 9 00 AM 2000
STATE OF NORTH CAROLINA
COUNTY OF BUNCOMBE
IN THE OFFICE OF
ADMINISTRATIVE HEARINGS
Amos Walter Jackson )
Petitioner, )
ORDER FOR PREHEARING
V. ) STATEMENTS
N. C. Department of Environment and )
Natural Resources )
Respondent. )
In order to permit the prompt preparation of this case for hearing,
IT IS HEREBY ORDERED, pursuant to 26 NCAC 3 .0004, that each party file with
the Office of Administrative Hearings and serve upon the other parties a Prehearing
Statement containing your present position with regard to the following:'
1. The issues to be resolved, and the statutes, rules, and legal precedent involved;
2. A brief statement of the facts and reasons supporting the party's position on each
issue in dispute;
3. A list of proposed witnesses-,
4. Whether you wish to pursue discovery. If so, the length of time required if
different from the time set in the Scheduling Order;
5. Requested location of hearing; if different from the location set in the Scheduling
Order-,
6. Estimated length of hearing;
7. If you do not have an attorney, your home and business addresses and telephone
numbers;
8. The date by which you will be ready to have a hearing in this case if different
from the date set in the Scheduling Order-,
9. Other special considerations.
This Prehearing Statement must be filed and served within 30 days of the date of
this ORDER.
This the 26th day of April, 2000.
eecher R. Gray
a 4 Administrative Law Judge

On this date mailed to:
Amos W Jackson
1074 West Chapel Road
Asheville, NC 28803
PETITIONER
Secretary William E. Holman
N. C. Department of Environment and
Natural Resources
Attn: Daniel F. McLawhorn
512 North Salisbury Street
Raleigh, NC 27611.
RESPONDENT
This the 26th day of April, 2000.
Kim Hausen
Chief Hearings Clerk
Of ice of Administrative Hearings
6714 Mail Service Center
Raleigh NC 27699-6714
919/733-0926

FILED
OFFICE OF
ADMINISTRATIVE HEARINGS
Apr 27 9 00 AM 2000
STATE OF NORTH CAROLINA
COUNTY OF BUNCOMBE
Amos Walter Jackson
Petitioner,
v
N. C. Department of Environment and
Natural Resources
Respondent.
IN THE OFFICE OF
ADMINISTRATIVE HEARINGS
00 EHR 0568
NOTICE OF CONTESTED CASE
AND ASSIGNMENT
G.S. 15013-23, 33(b)(4)
NOTICE IS HEREBY GIVEN that a petition for a contested case hearing pursuant
to G.S. 15013-23(a) was filed in and accepted by the Office of Administrative Hearings on
April 24, 2000. In accordance with G.S. 150B-23(a) and 26 NCAC 3 .0003,
Beecher R. Gray, Administrative Law Judge, has been assigned to preside in this case.
The administrative law judge may be contacted by mail at P.O. Drawer 27447, Raleigh,
N.C. 27611-7447, or by telephone at [phone].
The Respondent shall submit, withi 30 days, a copy of the document constituting
agency action, which caused the filing of the Petition.
A copy of any document or other pleading filed with the Office of Administrative
Hearings must also be sent to the other party at the time of filing. If a parry changes his
or her mailing address, or if the address is incorrect, the Office of Administrative Hearings
must be notified of the new or corrected address.
NOTE: You may receive an Order for Prehearing Statements to which you must
respond within 30 days.
This the 26th day of April, 2000.
Julian Mann, III
Chief Administrative Law Judge
�-Am ��'/
Kim Hausen
r "' a
of 0US��
Chief Hearings Clerk
Office of Administrative Hearings
6714 Mail Service Center
Raleigh NC 27699-6714
919/733-0926
�i1�°ll�,cef'T±cfli3s EJ!':iS�Qie
Vi fit( 00

On this date mailed to:
Amos W Jackson
1074 West Chapel Road
Asheville, NC 28803
PETITIONER
Secretary William E. Holman
N. C. Department of Environment and
Natural Resources
Attn: Daniel F. McLawhorn
512 North Salisbury Street
Raleigh, NC 27611
RESPONDENT

r-, -- 1 / / I

E Ll
All TA c /Ilse
z

State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Bill Holman, Secretary
Kerr T. Stevens, Director
May 17, 2000
Ms Dean Farrar
Chief Hearings Clerk
Office of Administrative Hearings
Post Office Drawer 27447
Raleigh NC 27611-7447
Nrn��R
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
RE: Civil Penalty Assessment against Amos Jackson
Buncombe County
Our File No. DV 99-027
Dear Ms. Farrar:
r,r 2 4 i
+i
_ iAkdtfaLi
Would you please search your records and determine if any of the individuals and/or entity listed
above has filed a Petition for a Contested Case Hearing on or before April 29, 2000?
If no petition was filed by April 29, 2000, please ask Judge Mann to execute the attached
certification and return it to my attention at the address below:
Linda Forehand Fitzpatrick
Water Quality Section
Division of Water Quality
1617 Mail Service Center
Raleigh, NC 27699-1617
If you have any questions concerning this matter, please contact me at 733-5083, ext. 526. Thank
you for your cooperation in this matter.
Linda Forehand Fitzpatrick
cc: Enforcement File
Asheville Regional Office
Mailing Address: Telephone [phone] Location:
1617 Mail Service Center Fax [phone] N. Salisbury St.
Raleigh, North Carolina 27699-1617 State Courier #52-01-01 Raleigh, NC 27699-1617
An Equal Opportut:il) /Affirmative Action Employer
50% recycled / 10% post -consumer paper
http: //h20. enr. state. n c. us

STATE OF NORTH CAROLINA
COUNTY OF WAKE
CERTIFICATION
IN THE OFFICE OF
ADMINISTRATIVE HEARINGS
The undersigned hereby certifies that, as provided in G.S. 7A-750, he is the custodian of records
of the contested cases filed pursuant to G.S. 15013-23(a), that he has made a diligent search of the records
of this Office and has found that through April 29, 2000, no open petition exist that was filed by Mr. and
Mrs. Amos Jackson sufficient to commence a contested case concerning the matter of violations of G.S.
143-215.1 for failing to apply for or to secure a permit as required for operation of a treatment works or
disposal system.
This the day of , 1997.
Julian Mann, III
Chief Administrative Law Judge

N. C. DEPARTMENT OF ENVIRONMENT AND
NATURAL RESOURCES
DIVISION OF WATER QUALITY
WATER QUALITY SECTION
ASHEVILLE REGIONAL OFFICE
59 WOODFIN PLACE
ASHEVILLE, NORTH CAROLINA 28801
PHONE: [phone] FAX: [phone]
TO: n
FAX # : 3 �«
FROM: I (� / Qt—
DATE : (q
# OF PAGES INCLUDING THIS COVER:
MESSAGE: If questions, please call 828/251-6208.
I/

*1V
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL® RESOURCES
DIVISION OF WATER QUALITY
ASHEVILLE REGIONAL OFFICE
WATER QUALITY SECTION
August 11, 1999
Mr & Mrs Amos Jackson
1074 West Chapel Road
Asheville, N.C. 28803-1657
Subject: NOTICE OF VIOLATION
Untreated Sewage Discharge
from West Chapel/Booker Residence
PIN 9657.13-13-8382L01
Asheville, N.C.
Buncombe County
Dear Mr & Mrs. Jackson:
This letter is to again request that you contact either
Max Haner or me at this office; telephone [phone]
(7:30 A.M. to 4:30 P.M.) regarding the discharge of untreated.
sewage from your residence. The initial letter to you
requesting contact was dated June 15, 1999, and efforts to
contact you since that time have not been successful. Our
investigation shows conclusively that your sewer line crosses
a vacant lot across the street from your house before it
connects (taps) to the public -owned sewer line; Metropolitan
Sewerage District (MSD) of Buncombe County. Your sewer line
is clogged.and broken near an electric light pole on this
vacant lot. Untreated sewage is ponding on this lot and
flowing through the dog lot on the adjacent property at 408
Caribou Road.
This letter is to advise you that your discharge
constitutes a violation of North Carolina General Statute
(NCGS) 143-215.1. Provisions for enforcement of this Statute
rest with NCGS 143-215.6A. I request that you,take all
necessary steps to determine the nature and extent of the
problem, make permanent repairs, and thereby cause this
problem to cease. I would hope that repair to your sewer line
can be completed with little difficulty. I must advise you
that the Division of Water Quality may pursue enforcement
action for this and any other violations of State Law.
For your information, records show that the vacant lot
is owned by Ms. Katherine Burton, 1716 North 18th Street,
Philadelphia, Pa., 19121-3221. The property at 408 Caribou
Road is owned by Ms. Drucilla Watkins. I recommend also that
you contact each person with pro�ert�ey affected b� this
INTERCHANGE UIL ING� WOOOFIN PLACE, ASH VILLE. NC 28801-2414
discharge. PHONE [phone] FAX [phone]
AN .EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/logo POST -CONSUMER PAPER

Page 2
August 11, 1999
Mr & Mrs Jackson
Thank you for your attention to this matter. We look forward to
hearing from you at your earliest convenience.
Sincerely,
r
a.
PForre t R. Westall
Regional Water Quality Supervisor
xc: Ms. Katherine Burton
1716 North 18th Street
Philadelphia, Pa., 19121-3221
Ms. Drucilla Watkins
408 Caribou Road
Asheville, N.C. 28803
Buncombe County Health Department
City of Asheville, Building Safety
MSD of Buncombe County - Collections Division
Max L. Haner

S,
=> NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
��ggDIIVISION OF WATER QUALITY
WATER QUALITY SECT101�lEV1LLE REGIONAL OFFICE
June 15, 1999
Mr. & Mrs Amos Jackson
1078 West Chapel Road
Asheville, N.C. 28803-1657
Subject: Request for Telephone Contact
Untreated Sewage Discharge
from West Chapel/Booker Residence
PIN 9657.13-13-8382
Asheville, N.C.
Buncombe County
Dear Mr & Mrs. Jackson:
This letter is to request that you contact me within the
next few days at this office; telephone [phone] (7:30
A.M. to 4:30 P.M.) so that I may complete my investigation of
a suspected discharge of untreated sewage from your
residence. To date, my investigation indicates that the
sewer line connecting your home to public sewer is clogged
and broken on a vacant lot adjacent to 408 Caribou Road.
Sewage from your residence is ponding on this vacant lot and
flowing onto property at 408 Caribou Road.
A check with the Metropolitan Sewerage District (MSD) of
Buncombe County -confirms that this sewer line is neither
owned nor maintained by MSD. For each sewer line that is not
publicly owned, ownership is held privately by those
residents using the sewer line. I understand that MSD
personnel have dyed the sewer line from your residence to
show that sewage discharging from this line originates from
your residence.
If my information is correct, I would request that you
take all necessary steps to determine the nature of the
problem, make permanent repairs, and thereby cause this
problem to cease. I would hope that repair to your sewer line
can be completed with little difficulty.
Thank you for your attention to this matter. I look
forward to hearing from you at,your earliest convenience.
n ere ,
!
x Haner
Environmental Chemist
xc: Buncombe County Health Department
City of Asheville, Building Safety
MSD of Buncombe County - Collections Division
INTERCHANGE BUILDING, 59 WOODFIN PLACE, ASHEVILLE, NC 28801-2414
PHONE [phone] FAX [phone]
AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/10% POST -CONSUMER PAPER

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NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
Atw®® 9
DIVISION OF WATER QUALITY
P/1VWATER QUALITY SECTMEVILLE REGIONAL OFFICE
�CDE/� C
Nn
.: ►' ', Ju a 1, 1999
Amos & Cathy Jackson
(Akriq
�7/ West Chapel Road
JAMESB.HUNT JR.1 v;'Asheville, N.C. 28803-1657
GOVERNOR
Subject: Request for Telephone Contact
Untreated Sewage Discharge
from West Chapel/Booker Residence
WAYNEMcDEVITr PIN 9657.13-13-8382
SECRETARY -` Asheville, N.C.
Buncombe County
a Dear Mr & Mrs. Jackson:
KERR T." STEVENS ' ,
DIRECTOR.' This letter is to request that you contact me within the
next few days at this office; telephone [phone] (7:30
A.M. to 4:30 P.M.) so that I may complete my investigation of
a suspected discharge of untreated sewage from your
residence. To date, my investigation indicates that the
sewer line connecting your home to public sewer is clogged
and broken on a vacant lot adjacent to 408 Caribou Road.
Sewage from your residence is ponding on this vacant lot and
flowing onto property at 408 Caribou Road.
A check with the Metropolitan Sewerage District (MSD) of
Buncombe County confirms that this sewer line is neither
owned nor maintained by MSD. For each sewer line that is not
publicly owned, ownership is held privately by those
residents using the sewer line. I understand that MSD
personnel have dyed the sewer line from your residence to
show that sewage discharging from this line originates from
your residence.
If my information is correct, I would request that you
- take all necessary steps to determine the nature of the
problem, make permanent repairs, and thereby cause this
problem to cease. I would hope that repair to your sewer line
. can be completed with little difficulty.
Thank you for your attention to this matter. I look
forward to hearing from you at your earliest convenience.
' 4cerelxne
Environmental Chemist
`. xc: Buncombe County Health Department
City of Asheville, Building Safety
MSD of Buncombe County - Collections Division
INTERCHANGE BUILDING, 59 WOODFIN PLACE, ASHEVILLE, NC 28801-2414
PHONE [phone] FAX [phone]
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NORTH CAROLINA DEPAR MENT OF
ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
ASHEVILLE REGIONAL OFFICE
WATER QUALITY SECTION
February 9, 2000
Mr & Mrs Amos Jackson
1074 West Chapel Road
Asheville, N.C. 28803-1657
Subject: NOTICE OF INTENT TO PROCESS
ENFORCEMENT ACTION
Violation of NCGS 143-215.1
Untreated Sewage Discharge
from West Chapel/Booker Residence
PIN 9657.13-13-8382L01
Asheville, N.C.
Buncombe County
Dear Mr & Mrs. Jackson:
This letter will formally advise you that enforcement
recommendations have been prepared against you for the
continued discharge of untreated sewage from your residence.
These recommendations have been transmitted to the
administrative office in Raleigh for processing. These
recommendations will be reviewed and you will be notified of
any decisions rendered in this matter. If you have reason why
action should not be taken in this matter, please submit your
comments in writing to Max L. Haner of this office or me by
February 18, 2000.
Thank you for your attention to this letter.
7®rrest
rely,
Westall
Regional Water Quality Supervisor
xc: Ron Thomas
Buncombe County Health Department
Max L . Haner
INTERCHANGE BUILDING, 59 WOODFIN PLACE, ASHEVILLE, NORTH CAROLINA 28801-2414
PHONE [phone] FAX [phone]
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£r�
;1 /
_;��; NORTH CAROLINA Ds ARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
MEMORANDUM
TO:
THROUGH
FROM:
SUBJECT
DIVISION OF WATER QUALITY
WATER QUALITY SECTION
December 6, 1999
Coleen Sullins, Chief
Water Quality Sec
Forrest R. Westal
Water Quality Reg
Max L. Haner
Environmental Che
Enforcement Ac+-4
Mr & Mrs Amos Jackson
Operating a Disposal
Buncombe County
INTRODUCTION:
System Without a Permit
A building sewer serving an single residence owned and
occupied by Mr & Mrs Amos Jackson of 1074 West Chapel Road
in Asheville, N.C., Buncombe County, crosses a vacant lot
prior to connecting to the public sewer. On or about May 28,
1999, as result of a complaint, I observed that this line
was broken and discharging sewage onto the surface of this
vacant property. Additionally, sewage was being allowed to
flow onto adjacent residential property. My investigation
showed that this building sewer only serves the Jackson
residence. No surface waters are affected by this discharge.
A letter advising Mr & Mrs Jackson of the problem and
requesting that it be repaired was sent on June 15, 1999
(Attachment A). A Notice of Violation (NOV) was sent to Mr &
Mrs Jackson on August 11, 1999 (Attachment B). Since initial
investi9' ion, this discharge has been observed on MaTwe9f,
1999; Uffn 15, 1999; J F-014aW,001999;
1999; and I:Rev,,�er 1999. Attempts to contact
the Jackson were finally successful on Oc-Icabee8 1999,
during which Mr. Jackson acknowledged that he owned the
sewer line (he had watched his father install it years
before). Also, Mrs Jackson was contacted on October 11, 1999
and acknowledged the responsibility. To date, no action has
been taken to correct the problem and attempts to contact
either Mr or Mrs Jackson further have not been successful.
P.O. BOX 29535, RALEIGH, NORTH CAROLINA 27626-0535
PHONE [phone] FAX [phone]
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Coleen Sullins
December 6, 1999
Page Two
REPORT: Chronological summary of case.
May 28, 1999 - initial observation of discharge (resulted from
complaint from adjacent property owner)
June 1, 1999 - sent letter requesting contact and advising of need for
repair. Letter returned because address was not correct (sent to 10,76
West Chapel Road instead of 1078 West Chapel Road, Asheville, N.C.)
June 15, 1999 - observed discharge and resent letter requesting
contact and advising of need for repair. (See Attachment A). Could
not contact Mr & Mrs Jackson on site
July 14, 1999 - observed discharge - no repair evident
August 11, 1999 - observed discharge - sent NOV (See Attachment B)
Could not contact Mr & Mrs Jackson on site
October 8, 1999 - observed discharge and met with Mr. Jackson at his
home at 1078 West Chapel Road and advised him of the problem and need
for repair. Mr Jackson acknowledged his responsibility.
October 11, 1999 - and met with Mrs Jackson at her home at 1078 West
Chapel Road and advised her of the problem.
October 19, 1999 - observed discharge - Could not contact Mr & Mrs
Jackson on site. No evidence of intent to repair.
December 2, 1999 - observed discharge area - no evidence of intent to
repair
CONCLUSION:
In failing to repair the building sewer connecting their residence to
public sewer, Mr & Mrs Amos Jacks.on are effectively allowing sewage to
flow onto and enter at least two (2) privately owned properties. As
result they are operating a disposal system without approval in
violation of G.S. 143-215.1(a)(2). The discharge from the Jackson
residence was observed on seven(7) occasions between May 28, 1999 and
December 2, 1999.
RECOMMENDATION:
It is recommended the appropriate enforcement action be taken against
Mr & Mrs Amos Jackson for operating a disposal system without a permit
in violation of G.S. 143-215.1 (a) (2) .
Enclosure

STATE OF NORTH CAROLINA
COUNTY OF Buncombe
IN THE MATTER OF
Mr & Mrs Amos Jackson
FOR OPERATION OF A
TREATMENT WORKS OR
DISPOSAL SYSTEM
WITHOUT A PERMIT
NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
File No.
FINDINGS AND DECISION
AND ASSESSMENT OF
CIVIL PENALTIES
Acting pursuant to North Carolina General Statute (G.S.) 143-
215.6A,.I, Kerr T. Stevens, Director of the Division of Water Quality
(DWQ), make the following:
I. FINDINGS OF FACT:
A. On May 28, 1999; June 15, 1999; July 14, 1999; August 11,
1999; October 8, 1999; October 19, 1999; and December 2, 1999,
DWQ'staff observed a discharge of untreated sewage from a
broken building sewer line exclusively serving the residence
of Mr & Mrs Amos Jackson, 1074 West Chapel Road in Asheville,
N.C., Buncombe County. Sewage from this sewer line break is
allowed to pool on vacant property owned by Ms Katherine
Burton of 1716 North 18th Street, Philadelphia, Pa. Sewage is
allowed to flow onto adjacent residential property owned by
Ms: Drucilla Watkins of 408 Caribou Road, Asheville, N.C. No
discharge to North Carolina surface waters was noted.
B. Mr and Mrs Amos Jackson own the residence located at 1074 West
Chapel Road, Asheville, N.C.
C. Mr and Mrs Amos Jackson had no valid permit for use of the
vacant property described above as a wastewater disposal
system.
D. A check with the Buncombe County Health Department indicates
that no permit has been issued for an on -site disposal system
on any of the properties cited in paragraph A above.
E. The cost to the State of the enforcement procedures in this
matter totaled $265.55
Based upon the above Findings of Fact, I make the following:

II. CONCLUSIONS OF LAW:
A. Mr & Mrs Amos Jackson is a "person" within the meaning of
G.S.143-215.6A pursuant to G.S. 143-212(4).
B. The wastewater treatment works or disposal system cited in
finding of Fact C above falls within the definition of same at
G.S. 143-213(10) or G.S. 143-213(17).
C. A permit is required for the operation of a treatment works or
disposal system pursuant to G.S. 143-215.1(a)(2). .
D. Mr and Mrs Amos Jackson violated G.S. 143-215.1(a)(2) by
operating the treatment works or disposal system at 1074 West
Chapel Road in Asheville, N.C., on May 28, 1999; June 15,
1999; July 14, 1999; August 11, 1999; October 8, 1999; October
19, 1999; and December 2, 1999.
E. Mr and Mrs Amos Jackson 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 ten thousand dollars per
violation may be assessed against a person who is required but
fails to apply for or to secure a permit required by G.S. 143-
215.1.
F. The State's enforcement costs in this matter may be assessed
against Mr and
215.3 (a) (9) an(
G. The Director,
delegation pro
authority to a
Based upon the abov
make the following:
III. DECISION:
Accordingly, Mr anc
penalty of:
$ for failing to apply for or Lo SeC+l1Lc a
permit as required by G.S. 143-215.1 for
operation of the subject treatment works
or disposal system.
$ TOTAL CIVIL PENALTY, which is
percent of the maximum penalty authorized
by G.S. 143-215.6A.

$ Enforcement costs
$ TOTAL AMOUNT DUE
As required by G.S. 143-215.6A(c), in determining the amount of
the penalty I have considered the factors listed in
G.S.143E-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 non-compliance.;
(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.
(Date) Kerr T. Stevens, Director
Division of Water Quality

ATTACHMENT A
NORTH CAROLINA DEPARTMENT'OF .
ENVIRONMENT AND NATURAL RESOURCES
J.'_g�DHIVISION OF WATER QUALITY
WATER QUALITY SEC:lONEY1LLE REGIONAL OFFICE
June 15, 1999
Mr. & Mrs Amos Jackson
1078 West Chapel Road
Asheville, N.C. 28803-1657
Subject: Request for Telephone Contact
Untreated Sewage Discharge
from West Chapel/Booker Residence
PIN 9657.13-13-8382
Asheville, N.C.
Buncombe County
Dear Mr & Mrs. Jackson:
This letter is to request that you contact me within the
next few days at this office; telephone [phone] (7:30
A.M. to 4:30 P.M.) so that I may complete my investigation of
a suspected discharge of untreated sewage from your
residence. To date, my investigation indicates that the
sewer line connecting your home to public sewer is clogged
and broken on a vacant lot adjacent to 408 Caribou Road.
Sewage from.your residence is ponding on this vacant lot and
flowing onto property at 408 Caribou Road.
A check with the Metropolitan Sewerage District (MSD) of
Buncombe County confirms that this sewer line is neither
owned nor maintained by MSD. For each sewer line that is not
publicly owned, ownership is held privately by those
residents using the sewer line. I understand that MSD
personnel have dyed the sewer line from your residence to
show that sewage discharging from this line originates from
your residence.
If my information is correct, I would request that you
take all necessary steps to determine the nature of the
problem, make permanent repairs, and thereby cause this
problem to cease. I would hope that repair to your sewer line
can be completed with little difficulty.
Thank you for your attention to this matter. I look
forward to hearing from you at,your earliest convenience.
ere ,
;lei x Haner
nvironmental Chemist
xc: Buncombe County Health Department
City of Asheville, Building Safety
MSD of Buncombe County - Collections Division
INTERCHANGE BUILDING, SO WOODFIN PLACE, ASHEVILLE, NC 28801-2414
PHONE 828-2S i -6208 FAX [phone]S2
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ATTACHMENT B
ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
AsHEVILLE REGIONAL OFFICE
MATER QUALITY SECTION
August 11, 1999
Mr & Mrs Amos Jackson
1074 West Chapel Road
Asheville, N.C. 28803-1657
Subject: NOTICE OF VIOLATION
Untreated Sewage Discharge
from West Chapel/Booker Residence
PIN 9657.13-13-8382L01
Asheville, N.C.
Buncombe County
Dear Mr & Mrs. Jackson:
This letter is to again request that you contact either
Max Haner or me at this office; telephone [phone]
(7:30 A.M. to 4:30 P.M.) regarding the discharge of untreated.
sewage from your residence. The initial letter to you
requesting contact was dated June 15, 1999, and efforts to
contact you since that time have not been successful. Our
investigation shows conclusively that your sewer line crosses
a vacant lot across the street from your house.before it
connects (taps) to the public -owned sewer line; Metropolitan
Sewerage District (MSD) of Buncombe County. Your sewer line
is clogged.and broken near an electric light pole on this
vacant lot. Untreated sewage is ponding on this lot and
flowing through the dog lot on the adjacent property at 408
Caribou Road.
This letter is to advise you that your discharge
constitutes a violation of North Carolina General Statute
(NCGS). 143-215.1. Provisions for enforcement of this Statute
rest with NCGS.143-215.6A. I request that you take all
necessary steps to determine the nature and extent of'the .
problem, make permanent repairs, and thereby cause this
problem to cease. I would hope that repair to your sewer line
can be completed with little difficulty. I must advise you
that the Division of Water Quality may pursue enforcement
action for this and any other violations of State Law.
For your information, records show that the vacant lot
is owned by Ms. Katherine Burton, 1716 North 18th Street,
Philadelphia, Pa., 19121-3221. The property at 408 Caribou
Road is owned by Ms. Drucilla Watkins. I recommend also.that
you contact each person with pro�ert�ey affected b this
INTERCHANGE UIL iN6� WOOOFIN PLACE, ASH ILLE. NC 28801-2414
discharge. PHONE [phone] FAX [phone]
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Page 2
August 11, 1999
Mr & Mrs Jackson
Thank you for your attention to this matter. We look forward to
hearing from you at your earliest convenience.
Sincerely,
Force t R. Westall
Regional Water Quality Supervisor
xc: Ms. Katherine Burton
1716 North 18th Street
Philadelphia, Pa., 19121-3221
Ms. Drucilla Watkins
408 Caribou Road
Asheville, N.C. 28803
Buncombe County Health Department
City of Asheville, Building Safety
MSD of Buncombe County - Collections Division
Max L. Haner

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DIVISION OF WATER QUALITY
ENFORCEMENT CASE ASSESSMENT FACTORS
TYPE: Operating a Disposal System without a Permit
VIOLATOR: Mr & Mrs Amos Jackson
ADDRESS: 1074 West Chapel Road
Asheville, N.C. 28803-1657
(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; Environmental damage appears
limited to discharge of raw sewage from a single home onto two
separate privately owned properties. No discharge to surface
waters noted.
(2) The duration and gravity of the violation; The discharge has
continued unabated from the initial investigation on May 28,
1999 to date.
(3) The effect on ground or surface water quantity or quality or on
air quality; None Noted.
(4) The cost of rectifying the damage; The cost in correcting this
problem is minimal. Simply calling a plumber or sewer cleaning
service should suffice.
(5) The amount of money saved by non-compliance; Unknown
(6) Whether the violation was committed willfully or intentionally;
The owner verbally agreed to repair the problem or he would
"call.someone" (meeting on October 8, 1999).
(7) The prior record of the violator in complying or failing to
comply with programs over which the Environmental Management
Commission has regulatory authority; No record.
(8) The cost to the State of the enforcement procedures;
4 hours investigation @ 33.11 = 132.44

I hour report preparation @ 33.11 = 33.11
Raleigh Administrative Costs = 100.00
Total Costs:
265.55
(9) Type of violator and general nature of business;
Individual home owner
(10) Violators degree of cooperation or recalcitrance;
Discharge has shown no interest in repairing sewer line.
(11) Mitigating Circumstances; Personal problems including
death of daughter several months ago. No other reasons offered
during meeting on October 8, 1999.
(12) Assessment Factors; N/A
a) IWC
b) Receiving Stream
c) SOC/JOC status/negotiations
d) Copy of MP screen
e) Copy of Limits page
f) Damage

CERTIFICATION PAGE
I certify that the information in this report is
true to the best of my knowledge.
Signature oft. Principal Injrestigator (s)
DATE:

1 ,
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
ASHEVILLE REGIONAL OFFICE
WATER QUALITY SECTION
August. 9, 2000
Mr & Mrs Amos Jackson
1074 West Chapel Road
Asheville, N.C. 28803-1657
Subject: Status of Enforcement Action
Violation of NCGS 143-215.1
Untreated Sewage Discharge
from West Chapel/Booker Residence
PIN 9657.13-13-8382L01
Asheville, N.C.
Buncombe County
Dear Mr & Mrs. Jackson:
In regards to the civil penalty assessed against you for
failure to eliminate the discharge from your broken sewer line,
this letter will formally advise you that the administrative
hearing you have requested is scheduled during the first full
week in September, 2000. You will be notified of the specific
date for you and your attorney to attend. Additionally, I need
to advise you that"this Agency also is proceeding with an
injunction against you in Superior Court to further eliminate
the problem -.'You will be notified of this court date as soon as
it can be scheduled.
You should be aware that any`action-taken on your part to
correct the problem and repair the broken sewer will suspend
the need for an injunction. Additionally, elimination of this
discharge will allow the civil penalty assessed against you to
be reconsidered.
Thank you for your attention to this matter. Should you
wish to discuss this matter in more detail, please contact me
at [phone].
Sin e ely,
L. Hanna'
vironmental Chemist
INTERCHANGE BUILDING, S9 WOODFIN PLACE, ASHEVILLE, NORTH CAROLINA 28801-2414
PHONE [phone] FAX 828-2S1-64S2
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State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Bill Holman, Secretary
Kerr T. Stevens, Director
MEMORANDUM
1 � •
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
August 3, 2000
TO: Mr. Dan Oakley
Special DeputyAlmey General
FROM: Kerr T. Stev4�
SUBJECT: Request for Injunctive Relief
Mr. and Mrs. Amos. Jackson
1074 West Chapel Road
Asheville, NC 28803
Buncombe County
7AUG 7 2000 1
In May 1999, a discharge from a broken sewer line at Mr. and Mrs. Jackson's residence
was brought to DWQ's attention. The sewage was discharging onto two adjacent. properties.
Mr. and Mrs. Jackson acknowledged that they own the sewer line, not the City of Asheville.
Because Mr. and Mrs. Jackson failed to repair the problem and because waste was being
disposed of on the adjacent properties, a civil penalty was assessed against Mr. and Mr. Jackson
on February 21, 2000 for operating a disposal system without a permit (DV 99-027). Mr. and
Mrs. Jackson have appealed the assessment to the Office of Administrative Hearings but the case
cannot be heard before September 4, 2000.
As of July 25, 2000, Mr. and Mrs. Jackson have not fixed the problem. In order to
prevent the discharge of raw sewage from continuing for several additional months, please
review this case and initiate actions as appropriate, including but not limited to Injunctive Relief.
Attached is a copy of the civil penalty case file. If you have any questions concerning the case,
please contact Max Haner at the Asheville Regional Office at [phone] or Steve Lewis at
the Central Office at [phone], ext 539.
cc: 1, ARO
Max Haner, ARO
Coleen Sullins
File # DV 99-027
Mailing Address: Telephone [phone]
1617 Mail Service Center Fax (919)' 733-0059
Raleigh, North Carolina 27699-1617 State Courier #52-01-01
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http://h2o. ecu-. state. nc. us
Location:
512 N. Salisbury St.
Raleigh, NC 27699-1617

State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Bill Holman, Secretary
Kerr T. Stevens, Director
MEMORANDUM
A NY W-Y aWA
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
August 3, 2000
TO: Mr. Dan Oakley
Special DeputyAlpmey General
FROM: Kerr T. Stev4(
SUBJECT: Request for Injunctive Relief
Mr. and Mrs. Amos. Jackson
1074 West Chapel Road
Asheville, NC 28803
Buncombe County
�. PUG
In May 1999, a discharge from a broken sewer line at Mr. and Mrs. Jackson's residence
was brought to DWQ's attention. The sewage was discharging onto two adjacent. properties.
Mr. and Mrs. Jackson acknowledged that they own the sewer line, not the City of Asheville.
Because Mr. and Mrs. Jackson. failed to repair the problem and because waste was being
disposed of on the adjacent properties, a civil penalty was assessed against Mr. and Mr. Jackson
on February 21, 2000 for operating a disposal system without a permit (DV 99-027). Mr. and
Mrs. Jackson have appealed the assessment to the Office of Administrative Hearings but the case
cannot be heard before September 4, 2000. -
As of July 25, 2000, Mr. and Mrs. Jackson have not fixed the problem. In order to
prevent the discharge of raw sewage from continuing for several additional months, please
review this case and initiate actions as appropriate, including but not limited to Injunctive Relief.
Attached is a copy of the civil penalty case file. If you have any questions concerning the case,
please contact Max Haner at the Asheville Regional Office at [phone] or Steve Lewis at
the Central Office at [phone], ext 539.
cc: Forrest Westall, ARO
Mr, ARO
Coleen Sullins
File # DV 99-027
Mailing Address: Telephone [phone]
1617 Mail Service Center Fax (919)' 733-0059
Raleigh, North Carolina 27699-1617 State Courier #52-01-01
An Equal Opportunity /Affirmative Action Employer
50% recycled / 10% post -consumer paper
http: //h2o. enr. state. ne. its
Location:
512 N. Salisbury St.
Raleigh, NC 27699-1617

NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
ASHEVILLE REGIONAL OFFICE
WATER QUALITY SECTION
June 15, 2000
MEMORANDUM
TO: Coleen Sullins, Chief
Water Quality Section
THROUGH: Forrest R. West 1
Water Quality Regi pervisor
FROM: Max L. Haner
Environmental Chemist��
SUBJECT Requested Consideration for Injunctive Relief
Mr & Mrs Amos Jackson - DV 99-027 (2/21/2000)
Operating.a Disposal System Without a Permit
Buncombe County
On February 21, 2000,.we assessed a penalty against Mr &
Mrs Amos Jackson (DV-99-027) for $8265.55 for
discharging sewage from their residence onto adjacent
property from a broken building sewer. The neighbor
impacted by this problem brought this our attention in
May of 1999. Besides not being able to open her windows
during the summer, she (the neighbor) also noted that
the sewage discharge was flowing across her dog lot.
Needless to say, the Jackson have not been responsive or
willing to repair the problem or cause the discharge to
cease. They have asked for an administrative hearing
which apparently cannot be scheduled before September 4,
2000; essentially allowing this problem to continue yet
another summer. Contact with the neighbor 6/14/2000
indicates that no action has been taken to eliminate the
problem.
This memo is request consideration for injunctive
relief. Hopefully, this action can occur within the next
few weeks. See Page 2 for the chronology part. of the
assessment package is attached.
tN, ATar�,F7
2 0 1 0
INTERCHANGE BUILDING, 59 WOODFIN PLACE, ASHEVILLE, NORTH CAROLINA 28801-2414
PHONE [phone] FAX [phone]
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Page 2
Chronological Summary of Case
May 28, 1999 - initial observation of discharge (resulted
from complaint from adjacent property owner)
June 1, 1999 - sent letter requesting contact and advising
of need for repair. Letter returned because address was not
correct (sent to 1076 West Chapel Road instead of 1078 West
Chapel Road, Asheville, N.C.)
June 15, 1999 - observed discharge and resent letter
requesting contact and advising of need for repair. (See
Attachment A). Could not contact Mr & Mrs Jackson on site
July 14, 1999 - observed discharge - no repair evident
August 11, 1999 - observed discharge - sent NOV (See
Attachment B) Could not contact Mr & Mrs Jackson on site
October 8, 1999 - observed discharge and met with Mr.
Jackson at his home at 1078.West Chapel Road and advised him
of the problem and need for repair. Mr Jackson acknowledged
his responsibility.
October 11, 1999 - and met with Mrs Jackson at her home at
1078 West Chapel Road and advised her of the problem.
October 19, 1999 - observed discharge - Could not contact Mr
& Mrs Jackson on site. No evidence of intent to repair.
December 2, 1999 - observed discharge area - no evidence of
intent to repair.

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0.
State of North Carolina
Department of Environment
and Natural Resources / • •
Division of Water Quality _ ��
James B. Hunt, Jr., Governor D E N R�
Bill Holman, Secretary
Kerr T. Stevens, Director
February 21, 2000
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. & Mrs. Amos Jackson
resident
1078 West Chapel Road
Asheville NC 28803-1657
SUBJECT: Assessment of Civil Penalties for Violation(s) of
N.C. General Statute(s) 143-215.1
West Chapel Road
Buncombe County
File No. DV 99-027
Dear Mr. & Mrs. Jackson:
This letter transmits notice of a civil penalty assessed against Mr. Amos Jackson in the amount of
$8265.55, including $265.55 in enforcement costs.
Attached is a copy of the assessment document explaining this penalty. This action was taken under the
authority vested in me by delegation pursuant to N.C.G.S. 143-215.6A(h). Any continuing violation(s) may be
the subject of a new enforcement action, including an additional penalty.
Within thirty days of receipt of this notice, you must do one of the following:
Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environment and Natural
Resources (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.
Ms. Linda Forehand
Water Quality Section
1617 Mail Service Center, Raleigh,
North Carolina 27699-1617
OR
FEB 2 B 2000
1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone [phone] FAX [phone]:
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper

2. Submit a written request for remission or mitigation including a detailed justification for such
request:
A request for remission or mitigation is limited to consideration of the reasonablenenof the amount
of the penalty and is not the proper procedure for contesting the accuracy of any of the statements
contained in the assessment letter. 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 that there are no factual or legal issues in dispute. You must
execute and return to this office the attached waiver and stipulation form and a detailed statement
which you believe establishes whether:
(a) one or more of the civil penalty assessment factors in G.S. 143B-282.1(b) were wrongfully
applied to the detriment of the petitioner;
(b) the violator promptly abated continuing environmental damage resulting from the violation;
(c) the violation was inadvertent or a result of an accident;
(d) the violator had been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining necessary remedial
actions.
Please submit this information to the attention of:
Linda Forehand
DENR
DWQ
1617 Mail Service Center
Raleigh NC 27699-1617
OR
3. Submit a written request for an administrative hearing:
If you wish to contest any statement in this assessment letter, you must request an administrative
hearing. This request must be in the form of a written petition to the Office of Administrative
Hearings and must conform to Chapter 150B of the North Carolina General Statutes. You must
File your original petition with the
Office of Administrative Hearings
P.O. Drawer 27447
Raleigh, North Carolina 27611-7447
and
Mail or hand -deliver a copy of the petition to
Mr. Dan McLawhorn
Registered Agent
Dept. of Environment and Natural Resources
P.O. Box 27687
Raleigh, North Carolina 27611-7687

Failure to exercise one of theoptionsabove within thirty days, as evidenced by a date stamp (not a
postmark) indicating when we received your response, will result in this matter being referred to the
Attorney General's Office with a request to initiate a civil action to collect the penalty. Please be advised
that additional assessments may be levied for future violations which occur after the review period of this
assessment.
If you have any questions, please contact Linda Forehand at [phone],*extension 526.
Sincerely,
Kerr T. Stevens
ATTACHMENTS
cc: Regional_S.uper_visor-w/-attachments—�
`Comptiance/Enforcement File w/ attachments
Central Files w/ attachments
Public Information Office w/ attachments

STATE OF NORTH CAROLINA
COUNTY OF Buncombe
IN THE MATTER OF
Mr & Mrs Amos Jackson
FOR OPERATION OF A
TREATMENT WORKS OR
DISPOSAL SYSTEM
WITHOUT A PERMIT
NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
File No.DV 99-027
)
FINDINGS AND DECISION
AND ASSESSMENT OF
CIVIL PENALTIES
Acting pursuant to North Carolina General Statute (G.S.) 143-
215.6A and delegation provided by the Secretary of the Department of
Environment and .Natural Resources, I, Kerr T. Stevens, Director of
the Division of Water Quality (DEM), make the following:
I. FINDINGS OF FACT:
A. On May 28, 1999; June 15, 1999; July 14, 1999; wffz&rs1Pft1tr1-r;P
1999; October 8, 1999; October 19, 1999; and December 2,
1999, DWQ staff observed a discharge of untreated sewage
from a broken building sewer line exclusively serving the
residence of Mr & Mrs Amos Jackson, 1074 West Chapel Road in
Asheville, N.C., Buncombe County. Sewage from this sewer
line break is allowed to pool on vacant property owned by Ms -
Katherine Burton of 1716 North.18th Street, Philadelphia,
Pa. Sewage is allowed to flow onto adjacent residential
property owned by Ms. Drucilla Watkins of 408 Caribou Road,
Asheville, N.C. No discharge to North Carolina surface
waters was noted.
B. Mr and Mrs Amos Jackson own the residence located at 1074
West Chapel Road, Asheville, N.C.
C. Mr and Mrs Amos Jackson had no valid permit for use of the
vacant property described above as a wastewater disposal
system.
D: A check with the Buncombe County Health Department indicates
that no permit has been issued for an on -site disposal
system on any of the properties cited in paragraph A above.
E. The cost to the State of the enforcement procedures in this
matter totaled $265.55

Based upon the above Findings of Fact, I make the following:
II. CONCLUSIONS OF LAW:
A. Mr & Mrs Amos -Jackson is a "person" within the meanies of
G.S.143-215.6A pursuant to G.S. 143-212(4).
B. The wastewater treatment works or disposal system cited in
finding of Fact C above falls within the definition of same
at G.S. 143-213(10) or G.S. 143-213(17).
C. A permit is required for the operation of a treatment works
or disposal system pursuant to G.S. 143-215.1(a)(2).
D. Mr and Mrs Amos Jackson violated G.S. 143-215.1(a)(2) by
operating the treatment works or disposal system at 1074
West Chapel Road in Asheville, N.C., on May 28, 1999; June
15, 1999; July 14, 1999; Zy-._ust l—IoR9October 8, 1999;
October 19, 1999; and December 2, 1999.
E. Mr and Mrs Amos Jackson 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 per violation may be assessed -against a
person who is required but fails to apply for or to secure a
permit required by G.S. 143-215.1.
F. The State's enforcement costs in this matter may be assessed
against Mr and Mrs Amos Jackson pursuant to G.S. 143-
215.3(a)(9) and G.S. 143B-282.1(b)(8).
F. The Director, Division of Water Quality, pursuant to
delegation provided for by G.S. 143-215.6A(h), has the
authority to assess civil penalties in this matter.

Based upon the above Findings of Fact and Conclusions of Law, I
make the following:
III. DECISION•
R
Accordingly, Mr and Mrs Amos Jackson are hereby assessed a civil
penalty of:
$ S O O for failing to apply for or to secure a
permit as required by G.S. 143-215.1
for operation of the subject treatment
works or disposal system on May 8...
1999.
$ S O C) for failing to apply for or to secure a
permit as required by G.S. 143-215.1
for operation of the subject treatment
works or disposal system on J==.e ,
1999.
$ Gob for failing to apply for or to secure a
permit as required by G.S. 143-215.1
for operation of the subject treatment
works or disposal system onT-1-, 4
1999.
for failing to apply for or to secure a
permit as required by G.S..143-215.1
for operation of the subject treatment
works or disposal system on August 11,
1999.
$ 1.0 0 O for failing to apply for or to secure a
permit as required by G.S. 143-215.1
for operation of the subject treatment
works or disposal system on 0 # off, b,
1999.
for failing to apply for or to secure a
permit as required by G.S. 143-215.1
for operation of the subject treatment
works or disposal system on Oc er 19,s
1999.
s 2 n o 6 for failing to apply for or to secure a
permit as required by G.S. 143-215.1
for operation of the subject treatment
works or disposal system on Dew e�r2�►
1999.
$ S1CU O O TOTAL CIVIL PENALTY, which is -\\-- o

percent of the maximum penalty
authorized by G.S. 143-215.
$ 2 6 S. S S Enforcement costs
TOTAL AMOUNT DUE •
As required by G.S. 143-215.6A(c), in determining the amount of
the penalty I have considered the factors listed in
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 non-compliance;
(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.
(Date) Kerr T. Stevens, Director
Division of Water Quality

STATE OF NORTH CAROLINA
COUNTY OF
ENVIRONMENTAL MANAGEMENT
COMMISSION
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND
PERMIT NO. ) STIPULATION OF FACTS
FILE NO.
Having been assessed civil penalties totalling for violation(s) as
set forth in the assessment document of the Director of the Division of Water Quality dated,
, the undersigned, desiring to seek remission of the civil penalties, 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.
This the day of , 19
SIGNATURE
ADDRESS
TELEPHONE

C)LD
Metropolitan Sewerage District of
Buncombe County, North Carolina 304185
Date: Lie
Caller's Last Name: WATKINS.
Time R
M
Caller's First Name: DRUCILLA
Hours: After Hours
Street #: 408 Name: CARIBOU -_- ROAD
Cut Permit:
0
Cross Street: SHILOH ROAD
ULOCO Number
Zip Code: 28803- Phone:
274-6750
ULOCO Time:
Problem Description: Phone2:
ULOCO Exp:
ODOR OUTSIDE
Date In: 418/98
Time In: 5:00:00 PM
Date Out: 4/8/98 Time Out: 5:45:00 PM
Crew:
604
654
622
❑ SSO
❑ Dig Up
❑ Acid
❑ Utilities
❑ Backup in Dwelling
❑ Install Cleanout
❑ Degreaser
❑ Visual Line Inspection
❑ MH Overflowing
❑ Install Tap
❑ Disinfectant
❑ Inspect Main Interceptor
❑ Sewer Leak
❑ Renew Service
❑ Lime and Straw
❑ Dedicated Preventive Maint
❑ Sewer Stoppage
❑ M/H Repair Done
❑ Rat Poison
❑ Routine Grease Cleaning
❑d Sewer Odor
® Main Line
❑ Root filler
❑ Blockage Large Grease
❑ Needs Big Flusher
❑ Service Line
❑ Root-X
❑ Blockage Debris
❑ Needs P Flusher
❑ No Access
❑ Locate MSD Main Line
❑ Grease Report
❑ Sewer in Meter Box
❑ Private Sewer
❑ Manholes Located
❑ Smoke Line
❑ Sewer Sample
❑ Rake and Sow
# MH Located: 0
❑ Sonde Line Footage:
❑ Taped Line
❑ Preventive Maint
❑ TV Crew 0
❑ Misc
❑ Broken Cleanout Cap
❑v/ Wash Line 200
Description of Work Done:
❑ Rod Line 0
WASHED MAIN BOTH WAYS 100 FT. NO PROBLELM; WALKED ENTIRE AREA FOUND
NOTHING; TALKED TO CUSTOMER;
COULD BE WHERE MOBILE HOME USED TO BE UP
BEHIND HER HOUSE, COULD HAVE ODOR COMING OUT OF THEM;
SSO Incident Start time:
SSO First Assessment time:
❑ Flooded or Property Damage?
0 Customer Contacteo by Crew?
❑ Additional Work Needed ❑ Rod ❑ Jet -Vac ❑ Add'I Dig Up ❑ TV ❑ M/H Repair ❑ Chemicals
❑ Other Additional Work Additional Work Explanation:
Manhole # 1: 0 Manhole # 2: 0 Basin Number:
❑ Void SUPERVISOR: 604

O
Metropolitan Sewerage District of
Buncombe County, North Carolina 312303
Date: 10/5/98 Caller's Last Name: ASHEVILLE SANTATION
Time Received: 12:55:03 PM Caller's First Name: BETTY
Hours: Emergency Street #: Name: BOOKER —STREET
Cut Permit: 0 Cross Street: CARIBOU TO WEST CHAPEL
ULOCO Number Zip Code: 28803- Phone:
ULOCO Time: Problem Description: Phone2:
ULOCO Exp: IN THE PARKING LOT NEAR SOME BRUSH; VACANT LOT;
Date In: 10/5/98 Time in: 1:56:00 PM
Date Out: 10/5/98 Time Out: 2:48:00 PM
Crew:
621
659
❑ SSO ❑ Dig Up ❑ Acid ❑ Utilities
❑ Backup in Dwelling ❑ Install Cleanout ❑ Degreaser ❑ Visual Line Inspection
❑ MH Overflowing ❑ Install Tap ❑ Disinfectant ❑ Inspect Main Interceptor
❑d Sewer Leak ❑ Renew Service ❑ Lime and Straw ❑ Dedicated Preventive Maint
❑ Sewer Stoppage ❑ M/H Repair Done ❑ Rat Poison ❑ Routine Grease Cleaning
❑ Sewer Odor ❑ Main Line ❑ Root Killer ❑ Blockage Large Grease
❑ Needs Big Flusher ❑ Service Line ❑ Root X ❑ Blockage Debris
❑ Needs P Flusher 0 No Access ❑ Locate MSD Main Line ❑ Grease Report
❑ Sewer in Meter Box ❑d Private Sewer ❑ Manholes Located ❑ Smoke Line
❑ Sewer Sample ❑ Rake and Sow # MH Located: 0 ❑ Sonde Line Footage:
❑ Taped Line ❑ Preventive Maint ❑ TV Crew 0
❑ Misc ❑ Broken Cleanout Cap ❑ Wash Line 0
Description of Work Done: ❑ Rod Line 0
RAN DYE DOWN C/O AND DID NOT SEE IT COME UP, CHECKED ML AND MAIN ON ALL SIDES AND WERE OPEN; THIS IS
A PRIVATE PROBLEM;
SSO Incident Start time: SSO First Assessment time:
❑ Flooded or Property Damage? ❑ Customer Contacted by Crew?
❑ Additional Work Needed ❑ Rod ❑ Jet -Vac ❑ Add'I Dig Up ❑ TV ❑ M/H Repair ❑ Chemicals
❑ Other Additional Work Additional Work Explanation:
Manhole # 1: 0 Manhole # 2: 0 Basin Number:
❑ Void SUPERVISOR:
604

Metropolitan Sewerage District of
Buncombe County, North Carolina
Date: 04/07/1999
Time Received: 12:00:00 PM
Hours: Emergency
Cut Permit: 0
ULOCO Number
ULOCO Time:
ULOCO Exp:
Date In: 04/07/1999 Time In: 1:50:00 PM
Date Out: 04/07/1999 Time Out: 2:11:00 PM
Crew:
646
613
❑ SSO
❑ Backup in Dwelling
❑ MH Overflowing
❑�/ Sewer Leak
❑ Sewer Stoppage
❑ Sewer Odor
❑ Needs Big Flusher
❑ Needs P Flusher
❑ Sewer in Meter Box
❑ Sewer Sample
❑ Taped Line
❑ Misc
❑ Sink Hole
❑ Dig Up
❑ Install Cleanout
❑ Install Tap
❑ Renew Service
❑ M/H Repair Done
❑ Main Line
Rf Service Line
❑ No Access
❑ Private Sewer
❑ Rake and Sow
❑ Preventive Maint
❑ Broken Cleanout Cap
Description of Work Done:
CHECKED LINE NOT FIXED
Caller's Last Name:
Caller's First Name:
Street #: 408 Name: CARIBOU
Cross Street: SWEETEN CREEK ROAD
Zip Code: 28803- Phone:
Problem Description: Phone2:
HASN'T BEEN FIXED;
307342
_ROAD
❑ Utilities
❑ High Priority Line Inspection
❑ Acid
❑ Visual Line Inspection
❑ Degreaser
❑ Inspect Main Interceptor
❑ Disinfectant
❑ Dedicated Preventive Maint
❑ Lime and Straw
❑ Routine Grease Cleaning
❑ Rat Poison
❑ Blockage Large Grease
❑ Root Killer
❑ Blockage Debris
❑ Root-X
❑ Smoke Line
❑ Locate MSD Main Line
❑ Sonde Line
❑ Manholes Located
Footage:
# MH Located: 0
❑ TV Crew 0
❑ Wash Line 0
❑ Rod Line 0
SSO Incident Start time: SSO First Assessment time:
❑ Flooded or Property Damage? ❑ Customer Contacted by Crew?
❑ Additional Work Needed ❑ Rod ❑ Jet -Vac ❑ Add'I Dig Up ❑ TV ❑ M/H Repair ❑ Chemicals
❑ Other Additional Work Additional Work Explanation:
Manhole # 1: 0 Manhole # 2: 0 Basin Number: Original WO #:: 0 ❑ Unmapped
Truck Number:
❑ Void SUPERVISOR: 613

Metropolitan Sewerage District of
Buncombe County, North Carolina._.
Date: 03/29/1999
Time Received: 10:21:38 AM
Hours: Emergency
Cut Permit: 0
ULOCO Number
ULOCO Time:
ULOCO Exp:
Date In: 03/29/1999 Time In: 11:31:00 AM
Date Out: 03129/1999 Time Out: 12:28:00 PM
Crew:
639
❑ Sink Hole
❑ SSO
❑ Dig Up
❑ Backup in Dwelling
❑ Install Cleanout
❑ MH Overflowing
❑ Install Tap
❑d Sewer Leak
❑ Renew Service
❑ Sewer Stoppage
❑ M/H Repair Done
❑ Sewer Odor
❑ Main Line
❑ Needs Big Flusher
❑ Service Line
❑ Needs P Flusher
❑ No Access
❑ Sewer in Meter Box
❑d Private Sewer
❑ Sewer Sample
❑ Rake and Sow
❑ Taped Line
❑ Preventive Maint
❑ Misc
❑ Broken Cleanout Cap
Description of Work Done:
MAIN OK PRIVATE SEWER;
Caller's Last Name: WATKINS _.
Caller's First Name: DRUCILLA
Street #:408'.. Name: CARIBOU
Cross Street: WEST CHAPEL ROAD
Zip Code: 28803- Phone: [phone]
Problem Description: Phone2:
312507
-- ROAD
❑ Utilities
❑ High Priority Line Inspection
❑ Acid
❑ Visual Line Inspection
❑ Degreaser
❑ Inspect Main Interceptor
❑ Disinfectant
❑ Dedicated Preventive Maint
❑ Lime and Straw
❑ Routine Grease Cleaning
❑ Rat Poison
❑ Blockage Large Grease
❑ Root Killer
❑ Blockage Debris
❑ Root-X
❑ Smoke Line
❑ Locate MSD Main Line
❑ Sonde Line
❑ Manholes Located
Footage:
# MH Located: 0
❑ TV Crew 0
❑ Wash Line 0
❑ Rod Line 0
SSO Incident Start time: SSO First Assessment time:
-❑ Flooded or Property Damage? ❑ Customer Contacted by Crew?
❑ Additional Work Needed ❑ Rod ❑ Jet -Vac ❑ Add1 Dig Up ❑ TV ❑ M/H Repair ❑ Chemicals
❑ Other Additional Work Additional Work Explanation: PRIVATE SEWER;
Manhole # 1: 0 Manhole # 2: 0 Basin Number: Original WO #:: 0 ❑ Unmapped
Truck Number:
❑ Void SUPERVISOR: 604

Metropolitan Sewerage District of
Buncombe County, North Carolina 101229
Date: 10/4/97
Callers Last Name: JACKSOW—
Time Received: 11:01:00 AM
Callers First Name:- -AMOS'
Hours: After Hours
Street #: 1074 Name: WEST CHAPEL - - ROAD
Cut Permit:
0
Cross Street:
ULOCO Number
Zip Code: Phone:
277-2486
ULOCO Time:
Problem Description: Phone2:
ULOCO Exp:
Date In: 10/4/97 Time In: 11:55:00 AM
Date Out: 10/4/97 Time Out: 12:25:00 PM
Crew:
659
638
❑ SSO
❑ Dig Up
❑ Acid
❑ Utilities
Q Backup in Dwelling
❑ Install Cleanout
❑ Degreaser
❑ Visual Line Inspection
❑ MH Overflowing
❑ Install Tap
❑ Disinfectant
❑ Inspect Main Interceptor
❑ Sewer Leak
❑ Renew Service
❑ Lime and Straw
❑ Dedicated Preventive Maint
❑ Sewer Stoppage
❑ M/H Repair Done
❑ Rat Poison
❑ Routine Grease Cleaning
❑ Sewer Odor
❑ Main Line
❑ Root Kiler
❑ Blockage Large Grease
❑ Needs Big Flusher
© Service Line
❑ Root X
❑ Blockage Debris
❑ Needs P Flusher
❑ No Access
❑ Locate MSD Main Line
❑ Grease Report
❑ Sewer in Meter Box
W Private Sewer
❑ Manholes Located
❑ Smoke Line
❑ Sewer Sample
❑ Rake and Sow
# MH Located: 0
❑ Sonde Line Footage:
❑ Taped Line
❑ Preventive Maint
❑ TV Crew 0
❑ Misc
❑ Broken Cleanout Cap
❑e/ Wash Line 50
Description of Work Done:
❑ Rod Line 0
TIjJS,SEWERLIEN_:N=,-S .iCCESS,THIS IS_PRIVATE-PRQBL-EMtUNTtt(
CUa-TOMERGPR0VIRES• fi
SSO Incident Start time:
SSO First Assessment time:
❑ Flooded or Property Damage?
© Customer Contacted by Crew?
❑ Additional Work Needed ❑ Rod ❑ Jet -Vac ❑ Add1 Dig Up ❑ TV ❑ M/H Repair ❑ Chemicals
❑ Other Additional Work Additional Work Explanation:
Manhole # 1: 0 Manhole # 2: 0 Basin Number:
❑ Void SUPERVISOR: 604

Metropolitan Sewerage District of
Buncombe County, North Carolina
Date: 9/29/97
Time Received: 7:11:00 PM
Hours: After Hours
Cut Permit:
0
ULOCO Number
ULOCO Time:
ULOCO Exp:
Date In: 9/29/97
Time In: 8:40:00 PM
Date Out: 9/29/97 Time Out: 9:00:00 PM
Crew:
638
659
❑ SSO
❑ Dig Up
J❑ Backup in Dwelling
❑ Install Cleanout
❑ MH Overflowing
❑ Install Tap
❑ Sewer Leak
❑ Renew Service
❑ Sewer Stoppage
❑ M/H Repair Done
❑ Sewer Odor
❑ Main Line
❑ Needs Big Flusher
❑d Service Line
❑ Needs P Flusher
❑ No Access
❑ Sewer in Meter Box
❑ Private Sewer
❑ Sewer Sample
❑ Rake and Sow
❑ Taped Line
❑ Preventive Maint
❑ Misc
❑ Broken Cleanout Cap
Description of Work Done:
Callers Last Nam; JACKSON
Callers First Nam AMOS
Street #: 1074 Name -WEST CHAPEL
Cross Street:
Zip Code: Phone: [phone]
Problem Description: Phone2:
❑ Acid
❑ Degreaser
❑ Disinfectant
❑ Lime and Straw
❑ Rat Poison
❑ Root Killer
❑ Root X
❑ Locate MSD Main Line
❑ Manholes Located
# MH Located: 0
103891
- -ROAD
❑ Utilities
❑ Visual Line Inspection
❑ Inspect Main Interceptor
❑ Dedicated Preventive Maint
❑ Routine Grease Cleaning
❑ Blockage Large Grease
❑ Blockage Debris
❑ Grease Report
❑ Smoke Line
❑ Sonde Line Footage:
❑ TV Crew 0
❑d Wash Line 100
❑ Rod Line 0
SSO Incident Start time: SSO First Assessment time:
- ❑ Flooded or Property Damage? ❑ Customer Contacted by Crew?
❑ Additional Work Needed ❑ Rod ❑ Jet -Vac ❑ Add'I Dig Up ❑ TV ❑ M/H Repair ❑ Chemicals
❑ Other Additional Work Additional Work Explanation:
Manhole # 1: 0 Manhole # 2: 0 Basin Number:
0 Void SUPERVISOR: 604

Sent By: HP LaserJet 3100; 8282595478; Nov-9-00 4:28PM; Page 1/6
City of Asheville / Housing Inspection
Pest Office Box 7148
Asheville, NC 28802
Phone: [phone] / Fax: [phone]
FACSIMILE TRANSMISSION:
TO: Mr. Max Hatter FROM: Marlene Frisbee
FAX NO.: 261 2 PAGES: 7 (including cover page)
PHONE: DATE: November 9, 2000
RE: 8 Booker Avenue
#r 1k ltRYrA*i4 d4 �i ei i�t&117l 7kR!*
Dear Mr. Planer.
Please hind attached hereto the Minutes of the Hearing which was held on
Tuesday afternoon, November 8, 2000 along with the Findings of Fact and Order
Regarding Dwelling Located at 8 Booker Avenue.
The Findings of Fact and Order has been mailed to Mr. Jackson today.
'rank you for your attendance yesterday and for your assistance in this matter,

Sent By: HP LaserJet 3100; 8282595478; Nov-9-00 4:28PM; Page 2/6
STATE OF NORTH CAROLINA IN THE CITY OF ASHEVII,LE
DIVISION OF BUILDING INSPECTIONS
COUNTY OF BUNCOMBE
CITY OF ASHEVRI E, )
Petitioner, ) .
} FINDINGS OF FACT AND ORDER
vs ) REGARDING DWELLING
LOCATED AT 8 BOOKER AVENUE
AMOS JACKSON, )
Respondents. )
THIS PROCEEDING came on to be heard by Jeff Balser, Housing Code,
Coordinator for the City of Asheville, on the a day of November, 2000, for the purpose
of determining whether the dwelling located at 8 Booker Avenue, is (1) unfit for human:
habitation; (2) that if same is unfit for human habitation, the fair market value of the
dwelling in its present condition; and (3) whether said areas contained within said
dwelling can be repaired for less than fifty percent (50%) of the present fair market value
so as to render the dwelling fit for human habitation. the dwelling at issue is more
particularly described as:
Leasehold doublewide mobile home situated, lying and being on West
Chapel Read at its intersection with Booker Avenue, and being Lot
Number 15 of Block "C" of Lincoln Park Extension, plat of which is
recorded in the Buncombe County RegWy in Plat Book 24, at Page 43,
and being one of the two lots conveyed to Fdward Baxter by O. E.
Roberts and wife, Ilona M. Roberts, by deed dated September 1, 1953,
and recorded in Deed Book 738, at Page 358. Being further described
in deed recorded in Deed Book 999, at Page 341 in the Buncombe County
Registry.
The evidence presented supports the following findings of fact:
I . The hearing was conducted pursuant to and in compliance with the City of
.Asheville Minimum Housing Cade as authorized by North Carolina
General Statute Sec. 160A-443.
2. Amos Jackson, agent of the owners and leaehold tenant, was duly served
with copies of the Complaint and Notice of Hearing.

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3. The dwelling is a doublewide mobile home with approximately 1,056
square feet of living space situated at 8 Booker Road in Asheville, North
Carolina.
4. The dwelling is owned by Respondent, Amos Jackson (hereinafter referred:
to as Respondent).
5. Petitioner, through its Inspections Division, conducted an Inspection of
Respondent's dwelling on or about October 25, 2000.
6. Based upon that inspection, Respondent's dwelling was deemed unfit for
human habitation as defined in the Housing Code of the City of Asheville.
7.- By letter dated the 25`' of October 2000, Petitioner, through its Inspection
Division, informed Respondent that the dwelling was unfit for human
habitation. Respondent received this letter on the 25s' day of October
2000.
8. Pursuant to receipt of the aforementioned letter in Item #7 above,
Respondent did not notify Petitioner of his intentions to remedy the
defects noted in Petitioner's Inspection Division's inspection.
9. Because o€Respondent's failure to comply, a Complaint and Notice of
Hearing was issued against Respondent.
10. The dwelling is unfit for human habitation based upon Section 4-209(6)
([Unsafe Conditions) of the Minimum Housing Code of the City of
Asheville which reference is made to "improperly operating or no sanitary.
facilities."
11. The present fair market value of the entire dwelling'is between Fourteen
Thousand Five Hundred Dollars ($14,500) and Fifteen Thousand Five
Hundred Dollars ($15,500), according to the Buncombe County Tax
Records according to the Buncombe County Tax Records.
12. The cost of rendering the dwelling fit for human habitation is -
approximately Two Thousand Dollars ($2,000) to Four Thousand Dollars
($4,000).
BASED []PON THE FOREGOING FINDINGS OF FACT, the Housing
Code Coordinator concludes that:
1. Said dwelling, in its present condition, is unfit for human
habitation.

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2. The dwelling can be rendered fit for human habitation bringing it
up to the standards described in the Asheville Minimum Housing
Code for less than fifty percent {50%0 of the present fair market
value of the dwelling.
TREREFORE, IT IS HEREBY ORDERED that the Respondent, Amos Jackson,
repair, alter, or improve the dwelling as noted on the Housing Inspection Report and
effect the repairs listed therein, located at 8 Booker Avenue, Asheville, North Carolina,
so as to render it fit far human habitation bringing it up to the standards described in the
Asheville Minimum Housing Dude. The repairs must be completed by December 8,
2000. Should Respondent fail to make the necessary repairs consistent with this Order,
then the dwelling shall be closed and vacated until compliance is obtained.
This the day of November 2000.
Je cr
sing Code Coordinator
City of Asheville I Building Inspection Division
3

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question and the sewage seeping into the dog lot located on the property situated at 408
Caribou Road.
Mr. Tuner ft -ther reported that his office had sent numerous letters and a Notice
of Violation to Mr. Jackson during the [attar half of 1999. Mr. Harter stated that the
North C,aralina General Statutes states that wastewater disposal must be approved.
Therefore, Mr. Jackson was site0ar tmg a disposal system without a permit. Mr.
Umer met with Mr. Jaclo �a num of occasions but - V&. Jackson has always been
wRL S
unresponsive and continues to be so. �y+aA Y"
r"," 3 A�1-S —
on February 21, 2000 the Director of the Borth Carolina Environment and
Natural Resources assessed a civil penalty in the approximate amount of $8,265.65 and
this, mattes is still being addressed through process. He also informed those present that
Mr. Jackson had scheduled an earlier hearing with their Department but did not attend.
As stated earlier, mr. Harter advised that the North Carolina Environmental and
Natural Resources tips begun the collection phase of the process. He also reported that
their Department had tried to involve Mrs. Watkins in the process since she is the
G` complaint in this matter.
(� J� Mr. Baker informed the hearing that he had been in touch with MSD about the
r
sewage lines and repairtreplacetment of lines relating to that area. MSD informed him
that they would repair the lines under the pavement but would not repair private lines.
fY� A Mr. Baker stated that the Housing Inspection Division had sited Mr. Jackson for unsafe
conditions existing from "improperly operating or no sanitary facilities"
M(r,'Baker, stated that he would set forth a Findings of Fact and Order and would
serve all parties.
There being no further business to come before the meeting, the meeting was
adjourned at 1:45 p.m.
2

Nov 7 '00 9:43 P.01/04
P�Vtrfztient of Nofit-t
MIOHAEL F EASLl Y • SUi 000 Western Office
A1lorney cenerpl .124 Goltage.5treet Phone_ (sea) 517 •6083' .
Asheville,: NC.28801 Fax: (848} 2.A338
FA SIMILE':TRA--'N:l '-MtS"Slt?.N.'OVER SHEET
Note: The information contai-ned in this facsimil:oi.mossagc Is confidential Information intended only for the use
of the individual or. entity,• namecl.•below: 'If'fle're$der of this'rneasage is not the intended recipient, you are'
hereby notified thmt any disserriinatian, distribut orr:pr.copy';of this..t�leco.py is strictig prohibited. If you have
received thin telecopy in error,p1base Immedi' tely!rq€ify tia by.tefephone and return the original' message to us
at•the'addrese above vla United States•Pbstal 89M.cf�. • Thank ydu.
DATE: November 7, 2000.
TO: Max Waner
DiviSi6n. of,W-Ater 9i"laity
FAX NUMBER: ' 251.0452
FROM, SW4-,,> pa P. St;u.inptDT; :
Assistant Att®rnli v-06.n:eral
Attorriley Ge.nJ&e,a•I.'$ .Western.'Office
SUBJECT: Jackson. v. DErNR -
OAH 'Fite No.:OD E00'066:8
NUMBE..R OPI?AGES INCLUDING GO1JEFt SHEET:
COMMENTS.; As.We disc.uesed.;: i.lm •sending ,you a copy of the Order of (BAH
dismissing Mr. Jaekson's ca$: a for falifure to: prt►s' deute. Sueanna
An Equol Opportunity / Affirmative Action Employer

Ainos Wail -ter JTacks.pn-. ',
Petitioner, .J.::,��Qi
v. .Ai2l4ll�F T),;r .; -;., �CiAL DECTSTON
'.
N . C . Department 'o.f.':,;Esxvi�orimerit''
and Na►tu'r A Ri�: mu ces , ),
ISSUE'
Should this; eoi testes% :; case..:; lie; :d:ismi:sse.d for faiJ.uze: of ti`ae.
petitioner 'to• :gro,•s:ecu't'
' FI•Nb2NGS'`:0F' FACT:
1. On `2`4 :'fig'=1 .2'0'00;`'.itto'zYx : fiI i3 with'•tlze Office of
Atimini tra'tYv' qw..a.,. A''—t. n fa`r:;•'contested' caize­:hearing in
which .hi�+ inc#'oated• ;that' h'i;s; ;;tina ling a3ctress;; was 1:0.74 , Wwi st Chapel'
Road, A sh.vil le N . C. ;• 2 B•'$'03 .
2 - TY is. • ,.a.ori: es•te d °, s`ei;..,,vJa.s• , sA:; Iiad ' to Vie• . hea3d;' :.:on • $•
Septernb'gr 2`000-, '•a;t ,1,;0'., 00: , a :.m'.: ; ;at •the ' Herid•$rson County Courthouse. '
Notine of tha date,,;,'t me:,•' ard-:1-'48A..+.i6h fc is the hearing era's: sent -to'
the parties 'by. , oez.tif e ria re�tusii :see 'ip x quested, .'on 17`
August .10.00. The' not oe •of, 'Yiltia'r1i.9.1�ras,1::;ma-1-led- to.petitiorier 'i�t the
address provi od:. i ..h
3 . When '* tl i:sY- matter ' wss , cr l eci'-16.r hearing. an 8 Sapt'ember
2:000 , respondent' s.:coons.el .:�iric i``witnesz. s•...: ra .present. 1'.et ioner
did not apgaeAr,.

MICHAEL F. EASLEY
ATTORNEY GENERAL
MEMORANDUM
State of North Carolina
Department of Justice
P. O. BOX 629
RALEIGH
27602-0629
Reply to:
Kathryn Jones Cooper
Environmental Division
Tel: [phone]
Fax: [phone]
TO: Coleen Sullins, Chief ;;l • =.
Water Quality Section
V
FROM: Kathryn Jones Cooper
Special Deputy Attorney General �< �`, ,,%
z Q -:S e .
DATE:
October 18, 2000
RE: Enforcement Case Status Reports
Attached for your review are case status reports listing all open Water Quality cases
currently being handled by our office. Some case assignments have changed due to a change in
attorneys in our office since the end of August, 2000. Some of you may or may not know that
Brian McGinn left to go into a corporate practice. Assistant Attorney General Mary Penny
Thompson has taken Brian's old position. Associate Attorney General Lillie Z. Peebles has
taken Mary Permy's old position. We have made several case re -assignments and the attorneys
or our paralegal, Janet Leach, will keep you apprised as deadlines arise in the cases. Bear with us
though, as these reports may not be as up to date as we would like for them to be, while we go
through these transitions. Please call me at 716-6960, if you have any questions, or you can call
the assigned attorneys directly about a particular case.
KJC/klj
cc: Shannon Langley (all regions)
Dennis Ramsey (all regions)
Jeff Poupart (all regions)
Water Quality Supervisors (your region only):
Forest Westall(ARO)
Art Barnhardt (FRO)
Rex Gleason (MRO)
Ken Schuster (RRO)
Jim Mulligan (WaRO)
Rick Shiver (WilRO)
Larry Coble (WSRO)

WATER QUALITY CASES AT THE ASHEVILLE REGIONAL OFFICE
10116100
CASE NAME PROGRAM DEHNR NO ATTY PENALTY FORUM SUMMARY . DATE OF ACTION LAST ACTION
ANDREWS, TOWN OF DV 98-021 SS
CALDWELL COMMUNITY SS 96-001 ALQ
COLLEGE & TECHNICAL
INSTITUTE/DR. KENNETH A.
BOHAM
$5,278.96 SUPERIOR COLLECTION OF CIVIL
COURT PENALTY ASSESSMENT.
$1,000.00 OAH IN SETTLEMENT
DISCUSSIONS LAND
DISTURBING ACTIVITY ON
CAMPUS OF CALDWELL
COMMUNITY COLLEGE.
PROBLEMS INCLUDE OFFSITE
SEDIMENT. OAH PETITION
WITHDRAWN. CONSENT
JUDGMENT FILED IN
SUPERIOR COURT. REPAIRS
APPEAR TO BE ON
SCHEDULE. COUNTY HAS
BUDGETED MONEY FOR
REPAIRS IN ITS FISCAL YEAR.
SITE IS NOT IN COMPLIANCE.
ALTHOUGH COMPLIANC E
SCHEDULE HAS BEEN
IMPLEMENTED.
J. S. PROCTOR CO. WQ 99-011 SS $5,272.34 OAH APPEAL FROM CIVIL PENALTY
EMPLOYEES PROFIT ASSESSMENT.
SHARING TRUST
JACKSON, AMOS AND WIFE DV 99-027 SS AGENCY REQUEST FOR INJUNCTIVE
RELIEF.
JACKSON, AMOS W. WQ SS $8,265.55 OAH APPEAL FROM CIVIL PENALTY
ASSESSMENT.
6/8/99PETITION WITHDRAWN.
DRAFTING COMPLAINT
9/27/2000VERIFIED W/LQS.
PETITIONER CURRENT WITH
LAND DEVELOPMENT
SCHEDULE AND CONSENT
JUDGMENT ORDER. NO
CURRENT VIOLATIONS.
9/24/2000HEARING SCHEDULED.
8/11/2000RECEIVED REQUEST
DRAFTING COMPLAINT.
9/4/2000HEARING SCHEDULED.
Page 1

WATER QUALITY CASES AT THE ASHEVILLE REGIONAL OFFICE
10116100
CASE NAME PROGRAM DEHNR NO ATTY PENALTY FORUM SUMMARY DATE OF ACTION LAST ACTION
JACKSON, AMOS W. WQ SS $8,265.55 OAH APPEAL FROM CIVIL PENALTY 9/4/2000APPEARED FOR HEARING.
ASSESSMENT. PER ALJ, DRAFT ORDER
DISMISSING CASE FOR
FAILURE TO PROSECUTE.
MORGAN OIL AND PROPANE OC 98-003 SS $3,000.00 F&D COLLECTION OF CIVIL
COMPANY PENALTIES.
NORTH VIEW MHP
NORTH VIEW MHP
LV 99-144 COL
LV 99-012 COL
PHILLIPS, THELMA D/B/A WQ 00-036 SS
MOUNTAIN CONVENIENCE
STORE
SEALS III, MARVIN SONNY WQ SS
SEGAL, STANLEY/S & N WQ SS
PROPERTIES, INC.
$1,500.00 SUPERIOR COLLECTION OF CIVIL
COURT PENALTIES.
$1,000.00 SUPERIOR COLLECTION OF CIVIL
COURT PENALTIES.
$29,231.08 OAH APPEAL FROM ASSESSMENT
OAH THIRD PARTY APPEAL FROM
401 CERTIFICATION.
OAH APPEAL FROM DENIAL OF
PERMIT.
8/9/2000CLOSE FILE AS NTO
COLLECTIBLE - CLIENT
ASSESSED PENALTY NON-
EXISTENT ENTITY.
6/29/2000CLOSE FILE AS NOT
COLLECTIBLE - CLIENT
ASSESSED PENALTY
AGAINST NON-EXISTENT
ENTITY.
6/29/2000DEMAND LETTER SENT.
6/19/2000PETITION FILED HEARING
SCHEDULED FOR WEEK OF
12/04/00.
7/1/2000RECEIVED FINAL DECISION
FROM OAH. NOT APPEALED.
8/17/2000CASE SETTLED AT
MEDIATION.
Page 2

WATER QUALITY CASES AT THE ASHEVILLE REGIONAL OFFICE 10116100
CASE NAME PROGRAM DEHNR NO ATTY PENALTY FORUM SUMMARY, DATE OF ACTION LAST ACTION
SEXTON DAIRY FARM
CD 95-008 SS $9,000.00
SUPERIOR
COLLECTION OF CIVIL
9/12/2000FILING ADVERSARY
COURT
PENALTIES.
PROCEEDING TO
DETERMINE
DISCHARGEABILITY OF
DEBTS, OBJECTIONS TO
PROPOSED PLAN, AND
PROOFS OF CLAIM.
SEXTON DAIRY FARM
CD 95-006 SS $18,000.00
SUPERIOR
THIS IS AN ACTION FOR
9/12/2000FILING ADVERSARY
COURT
INJUNCTIVE. RELIEF AND FOR
PROCEEDING TO
COLLECTION OF CIVIL
DETERMINE
PENALTIES.
DISCHARGEABILITY OF
DEBTS, OBJECTIONS TO
PROPOSED PLAN, AND
PROOFS OF CLAIM.
SEXTON DAIRY FARM
CD 94-011 SS $3,000.00
SUPERIOR
CIVIL PENALTIES ASSESSED
9/12/2000FILING ADVERSARY
COURT
FOR DISCHARGE OF
PROCEEDING TO
WASTEWATER FROM ANIMAL
DETERMINE
WASTE LAGOON.
DISCHARGEABILITY OF
DEBTS, OBJECTIONS TO
PROPOSED PLAN, AND
PROOFS OF CLAIM.
SHUTTLE CLEANING
DV 99-007 SS $13,200.00
OAH
APPEAL FROM ASSESSMENT
7/26/2000REC'D. OFFICIAL RECORD
SERVICE, INC.
OF CIVIL PENALTIES.
FROM OAH TO BE HEARD BY
EMC. 5/19/2000
RECOMMENDED DECISION
RECEIVED.
SOUTHEASTERN
WQ 99-004 SS $19,628.00
OAH
APPEAL FROM ASSESSMENT
9/1/2000CASE SETTLED. AGREEMENT
JURISDICTIONAL
OF CIVIL PENALTIES.
MAILED TO PETITIONER FOR
ADMINISTRATIVE COUNCIL,
SIGNATURE.
INC., UNITED METHODIST
CHURCH
Page 3

WATER QUALITY CASES AT THE ASHEVILLE REGIONAL OFFICE
11
CASE NAME PROGRAM DEHNR NO ATTY PENALTY FORUM SUMMARY DATE OF ACTION LAST ACTION
THOMAS STEELE DAIRY WQ
WALLACE J. BURT, JR. AND WQ
HIGHLANDS/CASHIERS
CONSERVATION LEAGUE,
INC.
WHITESIDE ESTATES, WQ
.INC./YOUNG, JOHN DAVID
TOTAL CASES:
SS
�l
SS
20
$4,309.00 F&D ACTION FOR INJUNCTIVE
RELIEF.
OAH THIRD PARTY APPEAL FROM
401 CERTIFICATION ISSUED
TO HIGHLANDS COVE.
OAH THIRD PARTY APPEAL FROM
401 CERTIFICATION ISSUED
TO HIGHLANDS COVE.
(SEE:WALLACE J. BURT, JR.,
RELATED CASE)
10116100
8/9/2000VOLUNTARY DISMISSAL
SERVED. COMPLAINT TO BE
REFILED TO STEELE HEIRS.
10/12/2000OFFICIAL RECORD FROM
OAH TO BE HEARD BY EMC.
10/12/2000RECOMMENDED DECISION
TO BE HEARD BY EMC.
Page 4

�Staxte ..af artvrf4,, ClTar ' RIT' x
ROY COOPER
Attorney General
Mr. and Mrs. Amos W. Jackson
1074 West Chape oa
Asheville NC 28803
�Ppttrtntent of Justirz
Suite 300
124 College Street
Asheville, NC 28801
10 January 2002
RE: Civil Penalties Assessed Against Mr. and Mrs. Amos W. Jackson
Buncombe County, DV 99-027
Dear Mr. and Mrs. Jackson:
Western Office
Phone: [phone]
Fax: [phone]
On 18 February 2000, the Director of the Division of Water Quality assessed .civil penalties and
enforcement costs against you in the total amount of eight thousand two hundred and sixty-five dollars and
fifty-five cents ($8,265.55). After due notice, Mr. Jackson appealed the assessment, while Mrs. Jackson
did not appeal and did not request remission. Mr. Jackson's administrative proceeding concluded on 22
September 2000 with the entry of a Final Decision dismissing his case. To date, the assessment has not
been paid and the Division of Water Quality has requested this office commence a civil action to recover
it.
To avoid litigation, you should forward a certified check or money order in the amount of eight
thousand two hundred and sixty-five dollars and fifty-five cents ($8,265.55), payable to the North Carolina
Department of Environment and Natural Resources (or "DENR"), to my attention at the letterhead
address. If payment is not received within ten (10) days of the date of this letter, this office will commence
a civil action for recovery of the assessment and costs of court.
Please call me if you have any questions regarding my client's position in this matter.
Sincerely, n
Sueanna P. Sumpter
Assistant Attorney General
/SPS
xc: Linda Forehand Fitzpatrick
Forrest Westall
An Equal Opportunity / Affirmative Action Employer

STATE OF NORTH CAROLINA
COUNTY OF BUNCOMBE
Amos Walter Jackson,
Petitioner,
V.
N.C. Department of Environment )
and Natural Resources, )
Respondent. )
IN THE OFFICE OF
ADMINISTRATIVE HEARINGS
00 EHR 0568
RESPONDENT'S EXHIBIT LIST
1. Letter dated 15 June 1999 from Max L. Haner to Mr. and Mrs.
Amos Jackson.
2. Letter dated 11 August 1999 from Forrest R. Westall to Mr. and
Mrs. Amos Jackson.
3. Memorandum dated 6 December 1999 from Max L. Haner through
Forrest R. Westall to. Coleen Sullins (without attachments A
and B), and Enforcement Case Assessment Factors.
4. Letter dated 9 February 2000 from Forrest R. Westall to Mr.
and Mrs. Amos Jackson.
5. Assessment Factors Worksheet dated 18 February 2000, completed
by Kerr T. Stevens.
6. Civil Penalty Assessment and Notice.
7. Resume, Max L. Haner.
8. Resume, Kerr T. Stevens.

ATTACBNffiNT A
SC- -4 `
NORTH CAROLINA DEPARTMENT4t
ENVIRONMENT AND NATURAL REsoURCE ,
�DHMSION OF WATER QUALITY
gg
WATER QUALITY SEC:1'IpN�ILLE REGIONAL OFFICE
June 15, 1999
Mr. & Mrs Amos Jackson
1078 West Chapel Road
Asheville, N.C. 28803-1657
Subject: Request for Telephone Contact
Untreated Sewage Discharge
from West Chapel/Booker Residence
PIN 9657.13-13-8382
Asheville, N.C.
Buncombe County
Dear Mr & Mrs. Jackson:
This letter is to request that you contact me within the
next few days at this office; telephone [phone] (7:30
A.M. to 4:30 P.M.) so that I:may complete my ,investigation of
a suspected discharge of untreated sewage from your
residence. To date, my investigation indicates that the
sewer line connecting your home to public sewer is clogged
and broken on a vacant lot adjacent to 408 Caribou Road.
Sewage from.your residence is ponding on this vacant lot and
flowing onto property at 408 Caribou Road.
A check with the Metropolitan Sewerage District (MSD) of
Buncombe County confirms that this sewer line is neither
owned nor maintained by MSD. For each sewer line that is not
publicly owned, ownership is held privately by those
residents using the sewer line. I understand that MSD
personnel have dyed the sewer line from your residence to
show that sewage discharging from this line originates from
your residence.
If my information is correct I would request that you
take all necessary steps to determine the nature of the
problem, make permanent repairs, and thereby cause this
problem to cease. I would hope that repair to your sewer line
can be completed with little difficulty.
Thank you for your attention to this matter. I look
forward to hearing from you at.your earliest convenience.
ere,
/ ner
Environmental Chemist
xc: Buncombe County Health Department
City of Asheville, Building Safety
MSD of Buncombe County - Collections Division
INTERCHANGE BUILDING, 59 WOODFIN PLACE, ASHEVILLE. NC 28801-2414
PHONE [phone]
AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/10-,1
R. Ex. 1

ATTACHMENT B
ENVIRONmr=.NT AMD NATURAL FZEsouRcES
DIVISIC14 OF WATER QUALITY
AsHEviLLE REG1oNAL OFFicE
WATER QUALITY SECTION
August 11, 1999
Mr & Mrs Amos Jackson
1074 West Chapel Road
Asheville, N.C. 26803-1657
Subject: NOTICE OF VIOLATION
Untreated Sewage Discharge
from West Chapel/Booker Residence
PIN 9657.13-13-8382L01
Asheville, N.C.
Buncombe County
Dear Mr & Mrs. Jackson:
This letter is to again request that you contact either
Max Haner or me at this office; telephone [phone]
(7:30 A.M. to 4:30 P.M.) regarding the discharge of untreated.
sewage from your residence. The initial letter to you
requesting contact was dated June 15, 1999, and efforts to
contact you since that time have not been successful.. Our
investigation shows conclusively that your sewer line crosses
a vacant lot across the street from your house before it
connects (taps) to the public -owned sewer line; Metropolitan
Sewerage District (MSD) of Buncombe County. Your sewer line
is clogged.and broken near an electric light pole on this
vacant lot. Untreated sewage is ponding on this lot and
flowing through the dog lot on the adjacent property at 408
Caribou Road.
This letter is to advise you that your discharge
constitutes a violation of North Carolina General Statute
(NCGS). 143-215.1. Provisions for enforcement of this Statute
rest with NCGS 143-215.6A. I request that you take all
necessary steps to determine the nature and extent of•the
problem, make permanent repairs, and thereby cause this
problem to cease. I would hope that repair to your sewer line
can be completed with little difficulty. I must advise you
that the Division of Water Quality may pursue enforcement
action for this and any other violations of State Law.
For your information, records show that the vacant lot
is owned by Ms. Katherine Burton; 1716 North 18th Street,
Philadelphia, Pa., 19121-3221. The property at 408 Caribou
Road is owned by Ms. Drucilla Watkins. I recommend also.that
Yyou contact each person with roveyr-yX affected by this
jNTERCH^14GVC-WUILG[NG.. DR WOOOFIN PLACES AdN
discharge. PHONE [phone]
AN EQUAL OP7ORTUNIrr / AFFIRMATIVE ACTION EMPLprYR - E0% RECTCL2C1/1 O% R . Ex. 2

Pacre 2
August 11, 1999
Mr & Mrs Jackson
Thank you for your attention to this matter. We look forward to
hearing from you at your earliest convenience.
Sincerely,
Force R. Westall
Regional Water Quality Supervisor
xc: Ms. Katherine Burton
1716 North 18th Street
Philadelphia, Pa., 19121-3221
Ms. Drucilla Watkins
408 Caribou Road
Asheville, N.C. 28803
Buncombe County Health Department
City of Asheville, Building Safety
MSD of Buncombe County - Collections Division
Max L. Haner

MEMORANDUM
TO:
THROUGH:
FROM:
SUBJECT
NORTH CAROLINA D ARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
WATER QUALITY SECTION
December 6, 1999
Coleen Sullins, Chief
Water Quality Sec
Forrest R. Westal
Water Quality Reg
Max L. Haner
Environmental Che,
Enforcement ACt10ii
Mr & Mrs Amos Jackson
Operating 'a Disposal System
Buncombe County
INTRODUCTION:
Without a Permit
A building sewer serving an single residence owned and
occupied by Mr & Mrs Amos Jackson of 1074 West Chapel Road
in Asheville, N.C., Buncombe County, crosses a vacant lot
prior to connecting to the public sewer. On or about May 28,
1999, as result of a complaint, I observed that this line
was broken and discharging sewage onto the surface of this
vacant property. Additionally, sewage was being allowed to
flow onto adjacent residential property. My investigation
showed that this building sewer only serves the Jackson
residence. No surface waters are affected by this discharge.
A letter advising Mr & Mrs Jackson of the problem and
requesting that it be repaired was sent on June•15, 1999
(Attachment A). A Notice of Violation (NOV) was sent to Mr &
Mrs Jackson on August 11, 1999 (Attachment B). Since initial
investigation, this discharge has been observed on May 28,
1999; June 15, 1999; July 14, 1999; October 8, 1999;
October 19, 1999; and December 2, 1999. Attempts to contact
the Jackson were finally successful on October 8, 1999,
during which Mr. Jackson acknowledged that he owned the
sewer line (he had watched his father install it years
before). Also, Mrs Jackson was contacted on October 11, 1999
and acknowledged the responsibility. To date, no action has
been taken to correct the problem and attempts to contact
either Mr or Mrs Jackson further have not been successful.
P.O. BOX 29535, RALEIGH, NORTH CAROLINA Z7626-0535
PHONE [phone] FAX [phone]
AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLE0/10% POST -CONSUMER PAPER
R. Ex. 3

Coleen Sullins
December K, 1999
Page Two
REPORT: Chronological summary of case.
May 28, 1999 - initial observation of discharge (resulted from
complaint from adjacent property owner)
June 1, 1999 sent letter requesting contact and advising of need for
repair. Letter returned because address was not correct (sent to l0•7e
West Chapel, Road instead of 1078 West Chapel Road, Asheville, N.C.)
June 15, 1999 - observed discharge and resent letter requesting
contact and advising of need for repair. (See Attachment A) Could
not contact Mr & Mrs Jackson on site
July 14, 1999 - observed discharge - no repair evident
August 11, 1999 - observed discharge -- sent nov (See Attachment B)
Could not contact Mr & Mrs Jackson on site
October 8, 1999 - observed discharge and met with Mr. Jackson at his
home at 1078 west Chapel Road and advised him of the problem and need
for repair. Mr Jackson acknowledged his responsibility.
October 11, 2999 - and met with Mrs Jackson at her home at 1078 WesL
Chapel Road and advised her of the problem.
October 19, 1999 - observed discharge - Could not contact Mr.• & Mrs
Jackson on site. No evidence of intent to repair.
December 2, 1999 - observed discharge area - no evidence of intent to
repair .
CONCLUSION:
In failing to repair the building sewer connecting their residence to
public sewer, Mr & Mrs Amos Jackson are effectively allowing sewage to
flow onto and enter at least two (2) privately owned properti.eo. As
result they are operating a disposal system without approval in
violation of G.S. 143-215.1(a)(2). The discharge from theZackson
residence was observed on seven(7) occasions between May 28, 1999 and
December 2, 1999.
RECOMMENDATION:
It is recommended the appropriate enforcement action be takerl against
Mr & Mrs Amos Jackson for operating a disposal system withouL a permit
in violation of G.S. 143-215.1 (a) (2) .
Enclosure

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DIVISION OF WATER QUALITY
ENFORCEMENT CASE ASSESSMENT FACTORS
TYPE: Operating a Disposal System without a Permit
VIOLATOR: Mr & Mrs Amos Jackson
ADDRESS: 1074 West Chapel Road
Asheville, N.C. 28803-1657
(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; Environmental damage appears
limited to discharge of raw sewage from a single home onto two
separate privately owned properties. No discharge to surface
waters noted.
(2) The duration and gravity'of the violation; The discharge has
continued unabated from the initial investigation on May 28,
1999 to date.
18 (3) The effect on ground or surface water quantity or quality or on
air quality; None Noted.
(4) The cost of rectifying the damage; The cost in correcting this
Problem is minimal. Simply calling a plumber or sewer cleaning
service should suffice.
(5) The amount of money saved by non-compliance; Unknown
(6) Whether the violation was committed willfully or intentionally;
The owner verbally agreed to repair the problem or he would
call someone" (meeting on October 8, 1999).
r
(7) The prior record of the violator in complying or failing to
0 comply with programs over which the Environmental Management
Commission has regulatory authority; No record.
(8) The cost to the State of the enforcement procedures;
4 hours investigation Q 33.11 = 132.44

I
1 hour report preparation @ 33.11 = 33.11
Raleigh Administrative Costs = 100.00
Total Costs:
265.55
(9) Type of violator and general nature of business;
Individual home owner
(10) Violators degree of cooperation or recalcitrance;
Discharge has shown no interest in repairing sewer line.
(11) Mitigating Circumstances; Personal problems including
death of daughter several months ago. No other reasons offered
during meeting on October 8, 1999.
(12) Assessment Factors; N/A
a) IWC
b) Receiving Stream
c) SOC/JOC status/negotiations
d) Copy of MP screen
e) Copy of Limits page
f) Damage

1 Az
�r
NORTH CAROLINA DEPAR CENT OF
ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
ASHEVILLE REGIONAL OFFICE
WATER QUALITY SECTION
February 9, 2000
Mr & Mrs Amos Jackson
1074 West Chapel Road
Asheville, N.C. 28803-1657
Subject: NOTICE OF INTENT TO PROCESS
ENFORCEMENT ACTION
Violation of NCGS 143-215.1
Untreated Sewage Discharge
from West Chapel/Booker Residence
PIN 9657.13-13-8382L01
Asheville, N.C.
Buncombe County
Dear Mr & Mrs. Jackson:
This letter will formally advise you that enforcement
recommendations have been prepared against you for the
continued discharge of untreated sewage from your residence.
These recommendations have been transmitted to the
administrative office in Raleigh for processing. These
recommendations will be reviewed and you will be notified of
any decisions rendered in this matter. If you have reason why
action should not be taken in this matter, please submit your
comments in writing to Max L. Haner of this office or me by
February 18, 2000.
Thank you for your attention to this letter.
Si rely,
rrest Westall
Regional Water Quality Supervisor
xc: Ron Thomas
Buncombe County Health Department
Max L . Haner I ....
INTERCHANGE BUILDING, S9 WOODFIN PLACE, ASHEVILLE, R . Ex. 4
PHONE 828-

D VXSION OF WATER QUALITY
Violator: Amos ,jacIM
County: Buitcornba
Case Number: ITV 99-M7
ASSESSMENT FACTORS
Y) The degree and extent of harm to the natural resources of the State, to the public stealth, or to
private property resulting from the violation;
( )not significant (►moderately significant( )significant ( )very �"�'�-c''��'L
significant ( )extremely significant f�`orrCay ti. 1
2) The duration and gravity of the violation; k?54-bin..,
( )not significant (%moderately significant( )significant ( )very _�� 1Y�ti.S4t*4.s er.
significant ( )extremely significant
3) The effect r ground or surface water quantity or quality or on air quality; 5
not significant ( )moderately significant( )significant !, )very,
significant ( )extmmely significant
4) The cost of rectifying the damage;
09i"ot significant ( )moderately significant( )significant ( )very
Significant ( )extremely significant
5) The amoun of money saved by noncompliance;
( nor significant ( )moderately significant ( )significant ( )very
significant ( )-extrcmely significant
6) Whether the violation was cornnutted willfully or intention y; ti .-cx ems. as
( )not significant ( )moderately significant( significant ( )very 'h A;
significant ( )exuernelysignificant -M,,r%..
7) The prior record of the violator in complying or failing to comply with programs over which the
Environnt tal Management Comm;.Aston has regulatory authority; and
t not significant ( )moderately significant( )significant { )very
significant (kxtrcmaly significant
l I (S)` !The ost to the Statejo� enfgrcemetit pocbdures. bt si fir: : { uiadeta, . si ttifxca.nt (. )signifiL r .( )v?�Y i . ... .
i� Sm ) Y S
significant ( )extremely significant
oa .....
Date Kerr T. Stevens
REMISSION FACTORS
() Whether one or more of the civil penalty assessment factors were wrongly applied to the detriment
of the petitioner;
(} Whether the violator promptly abated continuing environmental damage resulting from the
violation;
() Whether the violation was inadvertent or a result or an accident;
() Wbethev the violator had been assessed civil penalties for any previous violation.; and
() Whether payment of the civil penalty will prevent payment for the retraining necessary
remedial actions.
Date Kerr T. Stevens
R. Ex. 5

State of North Carolina
Department of Environmen+
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Govemor
Bill Holman, Secretary
Kerr T. Stevens, Director
February 21, 2000
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. & Mrs. Amos Jackson
resident
1078 West Chapel Road
Asheville NC 28803-1657
e��
..D E N,R-
SUBJECT: Assessment of Civil Penalties for Violation(s) of
N.C. General Statute(s) 143-215.1
West Chapel Road
Buncombe County
File No. DV 99-027
Dear Mr. & Mrs. Jackson:
This letter transmits notice of a civil penalty assessed against Mr. Amos Jackson in the amount of
$8265.55, including $265.55 in enforcement costs.
Attached is a copy of the assessment document explaining this penalty. This action was taken under the
authority vested in me by delegation pursuant to N.C.G.S. 143-215.6A(h). Any continuing violation(s) may be
the subject of a new enforcement action, including an additional penalty.
Within thirty days of receipt of this notice, you must do one of the following:
Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environment and Natural
Resources (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 -
Ms. Linda Forehand
Water Quality Section
1617 Mail Service Center, Raleigh, _ -
North Carolina 27699-1617 ,' r
OR
FEB 2 B 20
1617 Mail Service Center Raleigh North Carolina 27699-1617 Telephone [phone] F° v "' ^
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% p
R. Ex. 6

2. Submit a written request for remission or mitigation including a detailed justification for such
request:
A request for remission or mitigation is limited to consideration of the reasonablenes& of the amount
of the penalty and is not the proper procedure for contesting the accuracy of any of the statements
contained in the assessment letter. 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 that there are no factual or legal issues in dispute. You must
execute and return to this office the attached waiver and stipulation form and a detailed statement
which you believe establishes whether:
(a) one or more of the civil penalty assessment factors in G.S. 143B-282.1(b) were wrongfully
applied to the detriment of the petitioner;
(b) the violator promptly abated continuing environmental damage resulting from the violation;
(c) the violation was inadvertent or a result of an accident;
(d) the violator had been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining necessary remedial
actions.
Please submit this information to the attention of:
Linda Forehand
DENR
DWQ
1617 Mail Service Center
Raleigh NC 27699-1617
OR
3. Submit a written request for.an administrative hearing:
If you wish to contest any statement in this assessment letter, you must request an administrative
hearing. This request must be in the form of a written petition to the Office of Administrative
Hearings and must conform to Chapter 150B of the North Carolina General Statutes. You must
File your original petition with the
Office of Administrative Hearings
P.O. Drawer 27447
Raleigh, North Carolina 27611-7447
and
Mail or hand -deliver a copy of the petition to
Mr. Dan McLawhorn
Registered Agent
Dept. of Environment and Natural Resources
P.O. Box 27687
Raleigh, North Carolina 27611-7687

Failure to exercise one of the options above within thirty days, as evidenced by a date stamp (not a
postmark) indicating when we received your response, will result in this matter being referred to the
Attorney General's Office with a request to initiate a civil action to collect the penalty. Please be advised
that additional assessments may be levied for future violations which occur after the review period of this
assessment.
If you have any questions, please contact Linda Forehand at [phone],'extension 526.
Sincerely,
Kerr T. Stevens
ATTACHMENTS
cc: Regional Supervisor w/ attachments
Compliance/Enforcement File w/ attachments
Central Files w/ attachments
Public Information Office w/ attachments

STATE OF NORTH CAROLINA
COUNTY OF Buncombe
IN THE MATTER OF
Mr & Mrs Amos Jackson
FOR OPERATION OF A
TREATMENT WORKS OR
DISPOSAL SYSTEM
WITHOUT A PERMIT
NORTH LaROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
File No.DV 99-027
FINDINGS AND DECISION
AND ASSESSMENT OF
CIVIL PENALTIES
Acting pursuant to North Carolina General Statute (G.S.) 143-
215.6A and delegation provided by the Secretary of the Department of
Environment and Natural Resources, I, Kerr T. Stevens, Director of
the Division of Water Quality (DEM), make the following:
I. FINDINGS OF FACT:
A. On May 28, 1999; June 15, 1999; July 14, 1999; August 11,
1999;-October 8, 1999; October 19,-1999; and December 2,
1999, DWQ staff observed a discharge of untreated sewage
from a broken building sewer line exclusively serving the
residence of Mr & Mrs Amos Jackson, 1074 West Chapel Road in
Asheville, N.C., Buncombe County. Sewage from this sewer
line break is allowed to pool on vacant property owned by Ms
Katherine Burton of 1716 North 18th Street, Philadelphia,
Pa. Sewage is allowed to flow onto adjacent residential
property owned by Ms. Drucilla Watkins of 408 Caribou Road,
Asheville, N.C. No discharge to North Carolina surface
waters was noted.
B. Mr and Mrs Amos Jackson own the residence located at 1074
West Chapel Road, Asheville, N.C.
C. Mr and Mrs Amos Jackson had no valid permit for use of the
vacant property described above as a wastewater disposal
system.
i
D. A check with the Buncombe County Health Department indicates
that no permit has been issued for an on -site disposal
system on any of the properties cited in paragraph A above.
E_ The cost to the State of the enforcement procedures in this
matter totaled $265.55

Based upon the above Findings of Fact, I make the following:
II. CONCLUSIONS OF LAW:
A. Mr & Mrs Amos -Jackson is a "person" within the meaning of
G.S.143-215.6A pursuant to G.S. 143-212(4).
B. The wastewater treatment works or disposal system cited in
finding of Fact C above falls within the definition of same
at G.S. 143-213(10) or G.S. 143-213(17).
C. A _permit is required for the,operation of a treatment works
or disposal system pursuant to G.S. 143-215.1(a)(2).
D. Mr and Mrs Amos Jackson violated G.S. 143-215.1(a)(2) by
operating the treatment works or disposal system at 1074
West Chapel Road in Asheville, N.C., on May 28, 1999; June
15, 1999; July 14, 1999; August 11, 1999; October 8, 1999;
October 19, 1999; and December 2, 1999.
E. Mr and -Mrs Amos Jackson 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 per violation may be assessed against a
person who is required but fails to apply for or to secure a
permit required by G.S. 143-215.1.
F. The State's enforcement costs in this matter may be assessed
against Mr and Mrs Amos Jackson pursuant to G.S. 143-
215.3(a)(9) and G.S. 143B-282.1(b)(8).
F. The Director, Division of Water Quality, pursuant to
delegation provided for by G.S. 143-215.6A(h), has the
authority to assess civil penalties in this matter.

Based upon the above Findings of Fact and Conclusions of Law, I
make the following:
III. DECISION•
Accordingly, Mr and Mrs Amos Jackson are hereby assessed a civil
penalty of:
$ rj C) O for failing to apply for or to secure a
permit as required by G.S. 143-215.1
for operation of the subject treatment
works or disposal system on May 28,
1999.
$ S p p for failing to apply for or to secure a
permit as required by G.S. 143-215.1
for operation of the subject treatment
works or disposal system on June 15,
1999.
for failing to apply for or to secure a
permit as required by G.S. 143-215.1
for operation of the subject treatment
works or disposal system on July 14,
1999.
$ Q o o for failing to apply for or to secure a
permit as required by G.S. 143-215.1
for operation of the subject treatment
works or disposal system on August 11,
1999.
$ 1,0 o O for failing to apply for or to secure a
permit as required by G.S. 143-215.1
for operation of the subject treatment
works or disposal system on October 8,
1999.
for failing to apply for or to secure a
permit as required by G.S. 143-215.1
for operation of the subject treatment
works or disposal system on October 19,
1999.
$2 n.o 6 for failing to apply for or to secure a
permit as required by G.S. 143-215.1
for operation of the subject treatment
works or disposal system on December 2,
1999.
$ "3 1 p p p TOTAL CIVIL PENALTY, which. is -\\,- o

percent of the maximum penalty
authorized by G.S. 143-215.
$ 2 S. S S Enforcement costs
$ TOTAL AMOUNT DUE
As required by G.S. 143-215.6A(c), in determining the amount of
the penalty I have considered the factors listed in
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 non-compliance;
(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.
2, - ) 8- o o�
(Date) Kerr T. Stevens,. Director
Division of Water Quality

STATE OF NORTH CAROLINA
COUNTY OF
ENVIRONMENTAL MANAGEMENT
COMMISSION
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND
PERMIT NO. ) STIPULATION OF FACTS
FILE NO.
Havincy been assessed civil penalties totalling
for violation(s) as
set forth in the assessment document of the Director of the Division of Water Quality dated,
the undersigned, desiring to seek remission of the civil penalties, 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.
This the
day of
ADDRESS
TELEPHONE
.19
SIGNATURE

Max L Haner
Environmental Chemist
Division of Environmental Management
Water Quality Section
BS in Chemistry - Western Carolina University
(1964-68)
Date of Employment: June 17, 1968
Environmental Chemist I
Environmental Chemist II - December 1, 1993
Work History: Since starting work in the Asheville Regional Office, I
have worked in all facets of the Division's regional water quality
regulatory program to include permitting activities for new and existing
discharging and non -discharging wastewater treatment systems, compliance
inspections, special studies of water quality problems, stream
reclassifications, non -point source controls to include animal waste
management activities, stormwater control program, 401 water quality
certifications for dredge & fill permits including wetlands evaluation,
and emergency response activities (oil & chemical spills, fish kills and
chemical fires).
R. Ex. 7

CONTINUING EDUCATION COURSES
MAX LELAND HANER
COURSE TITLE
Characterization and Treatment of
Organic Industrial Wastes (EPA)
Fish Kill Investigation Seminar
Wastewater Treatment Plant Operators
Training School (With Grade II Certificate)
Biological and Chemical/Physical
Wastewater Treatment
Visible Emissions Training (Air Quality)
Groundwater & Waste Disposal in N.C.
(US Geological Survey)
Principles and Practices of Air Pollution
Control #452 (EPA)
Source Sampling for Particular
Emissions #450 (EPA)
Hazardous Materials Incident Seminar
(Safety Systems, Inc.)
Workshop on Management of Toxic
Substances and Hazardous Waste
Source Sampling and Analysis for
Gaseous Pollutants #468 (EPA)
Hazardous Materials Incident Training
Seminar (University of Arkansas, Division
of Interdisciplinary Toxicology)
Hazardous Incident Training (EPA)
Pretreatment Workshop (Water Quality)
Electroplating Workshop for Metal
Finishing
Southern Railway Systems Hazardous
Material and Emergency Response Seminar
Troubleshooting for Wastewater
Treatment Facilities (EPA)
DATE
9/28/70 - 1/16/85
2/06/74 - 2/07/74
3/13/75 - 6/10/75
4/16/75 - 4/18/75
5/09/79 - 5/09/79
5/30/79 - 5/31/79
8/13/79 - 8/17/79
9/10/79 - 9/14/79
12/11/79 - 10/11/79
1/22/81 - 1/22/81
5/11/81 - 5/14/81
12/09/81 - 12/10/81
6/10/82 - 6/11/82
8/17/82 - 8/17/82
4/13/83 - 4/13/83
3/20/84 - 3/20/84
10/17/84 - 10/18/84

Page 2
Coursework for Max Leland Haner Continued:
COURSE TITLE
Interactive Management Training
Wastewater Sludge Management (16 hrs)
Fundamentals of Management (67 hrs)
NPDES Inspector Training Workshop (24 hrs)
Safety & Health Training Program (24 hrs
plus one day of field experience/training)
Introduction to Local Area Networks (16 hrs)
Soils Remediation Workshop (16 hrs)
Criminal Enforcement Workshop (8 hrs)
System Administration with
Novell Netware (LAN)
Introduction to DOS
Intermediate & Advanced
WordPerfect
PC Hardware Troubleshooting
Wordperfect 6.1 for Windows
Southeastern Environmental
Enforcement Network
Basic Environmental Crime
Investigation Workshop
Southeastern Environmental
Enforcement Network
Environmental Crime
Investigation Techniques
(16 hrs)
(6 hrs)
(16 hrs)
DATE
-
1/16/85
-
6/23/89
2/88
- 11/88
6/10/92
- 6/12/92
8/03/92
- 8/06/92
9/16/92
- 9/17/92
10/l/92
- 10/2/92
12/1/92
3/08/93
- 3/09/93
5/06/93
- 5/13/93
5/18/93
- 6/09/93
(16
hrs)
9/29/93 - 9/30/93
(12
hrs)
- 9/15/95
(24
hrs)
12/9/97 - 12/12/97
(28
hrs)
08/17/98- 08/20/98

Resume shell
Career Objective:
Education
Skills
1 Communication
2 Management
Employment History
Licensure:
Professional Organizations:
Professional Experience
Professional Presentations
Publications
Community Service
Appointed by Asheville City Council
establish a joint Asheville -Buncombe
to Drug Task Force to
Drug Commission (19--)
Appointed by Asheville City Council as Community Representative to
the Selection Committee for Asheville's Chief of Police (1989?)
Appointed by Asheville City Council to Asheville's 2010 Update
Committee (198 9 )
Appointed by Asheville Planning and Zoning Commission to
Asheville's Unified Development Ordinance Subcommittees (1991-
1992)
1. Manufactured Housing Subcommittee (standards and placement
criteria for location in City as individual units, rental
units, and rental communities)
2. Commercial -Industrial Hub Subcommittee (Evaluation and
location of commerial development)
Served as Resource from the Division of Environmental Management
to the Haywood County Economic Development Commission's EASE
Steering Committee (1989)
Served as Resource from the Division of Environmental Management
to the Environmental Issues Committee of the Economic Development
Department (1992 - present)
Served at the request of Senator Charles Hipps as Resource from
the Division of Environmental Management to the Haywood County
Trout Festival Committee (1990-1993)
Appointed by the Buncombe County Commissioners to serve on the
Buncombe.County Quality Growth Commission (1990-1995)
1. Served on Committee to Develop Subdivision Ordinance
2. Served on Economic Development Committee

Interest: Economic Development
Appointed to Asheville Planning and Zoning Commission 8-27-96
Employment Application information
SS# - 237-74-2284
HANER, MAX LELAND
5 KIMBERLY AVENUE
ASHEVILLE, N.C. 28804
BUNCOMBE COUNTY
HOME PHONE
[phone]
BUSINESS PHONE
[phone]
ARE YOU RELATED TO
ANYONE WORKING FOR THE STATE? - NO
SPOUSE:
WENDY T. HANER
EDUCATIONAL SALES CONSULTANT
ABC SCHOOL SUPPLY, INC.
MILITARY SERVICE
NONE
TYPE OF WORK
PERMANENT FULL-TIME
JOB APPLIED FOR
ENVIRONMENTAL CHEMIST II
REFERERAL SOURCE
N/A
EDUCATION
COLLEGE 4
HIGH SCHOOL
LEESBURG HIGH SCHOOL, LEESBURG, FLA.
1960-62
SANFORD CENTRAL SANFORD, N.C.
1962-64
COLLEGE
WESTERN CAROLINA UNIVERSITY
1964-68
CULLOWHEE, N.C. 28723
DEGREE - B.S. IN CHEMISTRY
SPECIAL TRAINING PROGRAMS AND SEMINARS COMPLETED IN LAST
5 YEARS
SEE ATTACHED LIST
REGISTRATION --LEAVE BLANK
MEMBERSHIP IN PROFESSIONAL, HONORARY OR TECHNICAL SOCIETIES

WATER ENVIRONMENT FEDERATION
LICENSE AND CERTIFICATION
GRADE II WASTEWATER OPERATORS CERTIFICATE,.JUNE, 1975
(NOT RENEWED)
SKILLS - DRIVERS LICENSE NUMBER NC 1805487
WORD PROCESSING SKILLS
KNOWLEDGEABLE - IBM SYSTEM 36, WORDPERFECT, WINDOWS
KNOWLEDGEABLE - DISSOLVED OXYGEN METER, pH METER, COMPOSITE SAMPLING
EQUIPMENT, FLOW MEASUREMENT EQUIPMENT AND OTHER
INSTRUMENTS NECESSARY FOR PERFORMING ROUTINE OR -EMERGENCY
COMPLIANCE WORK

ATTACHMENT TO WORK HISTORY AS ENVIRONMENTAL CHEMIST II
MAJOR DUTIES
PERFORM INSPECTIONS/EVALUATIONS FOR REGULATORY COMPLIANCE
RESPOND TO CITIZEN WATER QUALITY RELATED COMPLAINTS AND POTENTIAL
EMERGENCY SITUATIONS
PROVIDE INSPECTIONS/EVALUATION FOR NEW/RENEWAL OF NPDES PERMITS
PROVIDE INSPECTIONS/EVALUATION FOR NEW/RENEWAL OF NON DISCHARGE PERMITS
AND OTHER WATER QUALITY CERTIFICATION PROCESSES
DIRECT DEM'S EMERGENCY RESPONSE PROGRAM IN ASHEVILLE REGION
REPRESENT DEM'S ASHEVILLE REGIONAL WATER QUALITY SECTION BY PRESENCE AND
ORAL
PRESENTATIONS AT PUBLIC GATHERINGS, CIVIC GROUPS, SEMINARS, WORKSHOPS AND
OTHER
FUNCTIONS NECESSARY TO DELIVER THE WATER QUALITY PROGRAM.
EVALUATE WASTEWATER TREATMENT PROGRAMS AND THEIR MANAGEMENT FOR
PERFORMANCE EFFECTIVENESS
PERFORM ENFORCEMENT/COMPLIANCE INVESTIGATIONS
SERVE AS REGIONAL ENFORCEMENT COORDINATOR
DEVELOP REGIONAL INFORMATION AND PREPARE REGIONAL COMPLIANCE &
ENFORCEMENT REPORTS
NEGOTIATE AND PREPARE CONSENT ORDERS AND PERMIT SCHEDULES TO RESOLVE
COMPLIANCE PROBLEMS
PROVIDE SUPPORT FOR THE DEVELOPMENT OF SPECIAL STUDIES
(RECLASSIFICATIONS,
VARIANCES, PROJECTED CHANGES IN STANDARDS)

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