NC0089095_NOV and Intent to Assess_20190319

Certified Mail # 7017 1070 0000 1776 0022
Return Receipt Requested

March 19, 2019

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

SUBJECT: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY
Tracking Number: NOV-2019-PC-0205
Permit No. NC0089095
High Vista Falls WWTP
Henderson County

Dear Permittee:

The North Carolina Division of Water Resources conducted an inspection of the High Vista Falls WWTP on March
15, 2019. This inspection was conducted to verify that the facility is operating in compliance with the conditions
and limitations specified in NPDES WW Permit No. NC0089095. A summary of the findings and comments noted
during the inspection are provided in the enclosed copy of the inspection report.

The Compliance Evaluation inspection was conducted by Division of Water Resources staff from the Asheville
Regional Office. The following violation(s) were noted during the inspection:

Inspection Area Description of Violation _________________________________________________________________________________________________________________________________________________________________________
Effluent Sampling Flow proportional composite sampling is not being performed as required by the permit. _________________________________________________________________________________________________________________________________________________________________________
Equalization Basins The EQ wet well is full of grease and debris. _________________________________________________________________________________________________________________________________________________________________________
Filtration (High Rate Tertiary) The filters are damaged, have large holes in the media, and need to be replaced. Two of
them are also bowing/warped. _________________________________________________________________________________________________________________________________________________________________________
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In addition, this facility has $10,774.30 in outstanding fines which need to be paid and the collection system has
I&I issues which need to be addressed.

A Notice of Violation/Intent to Issue Civil Penalty is being issued for the noted violation of North Carolina General
Statute (G.S.) 143-215.1 and the facility’s NPDES WW Permit. Pursuant to G.S. 143-215.6A, a civil penalty of
not more than twenty-five thousand dollars ($25,000.00) may be assessed against any person who violates or
fails to act in accordance with the terms, conditions, or requirements of any permit issued pursuant to G.S.
143-215.1.

If you wish to provide additional information regarding the noted violation, request technical assistance, or discuss
overall compliance please respond in writing within ten (10) business days after receipt of this Notice. A review of
your response will be considered along with any additional information provided. You will then be notified of any
civil penalties that may be assessed regarding the violations. If no response is received in this Office
within the 10-day period, a civil penalty assessment may be prepared.

Remedial actions should have already been taken to correct this problem and prevent further occurrences in the
future. The Division of Water Resources may pursue enforcement action for this and any additional violations of
State law. If the violations are of a continuing nature, not related to operation and/or maintenance problems, and
you anticipate remedial construction activities, then you may wish to consider applying for a Special Order by
Consent.

Reminder: Pursuant to Permit Condition 6 in Section E, the Permittee is required to verbally notify the Regional
Office as soon as possible, not to exceed 24 hours, from first knowledge of any non-compliance at
the facility including limit violations, bypasses of, or failure of a treatment unit. A written report may
be required within 5 days if directed by Division staff. Prior notice should be given for anticipated or
potential problems due to planned maintenance activities, taking units off-line, etc.

If you should have any questions, please do not hesitate to contact Daniel Boss with the Water Quality
Regional Operations Section in the Asheville Regional Office at 828-296-4500.

Sincerely,

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

ATTACHMENTS

Cc: WQS ARO Server, Laserfiche
G:\WR\WQ\Henderson\Wastewater\Minors\High Vista Falls 89095\20190319_NC0089095_NOVNOI2019PC0205.rtf
DocuSign Envelope ID: 2BC52E0D-D59D-4E6C-81F5-54329C10EE2D