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HomeMy WebLinkAboutNC0000108_Unpaid Civil Penalties LV-2016-0169 and 0198_20200130 �,6 SF/In<,ti R(")Y COO11EK r �anw� January 14,2020 Mr.Jim Kelley New Excelsior,Inc. 1379 Old Rosman Highway Brevard,NC 28712 Subject: Unpaid Civil Penalty Assessments NPDES Permit NC0000108 Transylvania County Dear Mr.Kelley: The following civil penalties have been assessed against the subject facility. To date,the Division's records show these penalties remain unpaid: Case Number Permit Number Balance Due LV-2016-0169* NC0000108 F $562.94 LV-2016-0198 1 NC0000108 1 $216.62 `The request for penalty remission was denied by the Division on 10/4/2016,and then denied by the Environmental management Commission(EMC)on 1/12/2017. The total amount of unpaid penalties is 7$ 79.56• Pursuant to 15A NCAC 18C.1912,the legal action which may be taken could result in additional penalties and interest assessments in addition to the existing penalties. Please pay the full amount listed above no later than February 14,2020. Make checks payable to NC DEQ and include the case number[s]on the check[s]submitted. If you have questions concerning this matter,or if you have documentation showing that penalties have been paid, please contact me at 919-707-3616(or via e-mail at charles.weaver@ncdenr.gov). Sincerely, VM07 - Charles H.Weaver,Jr. NPDES program cc: NPDES File D_E 4: \ .. AGENDA ITEM: REQUEST FOR REMISSION OF CIVIL PENALTY ASSESSMENT DWR Case Number: LV-2016-0169 Region: Asheville County: Transylvania Assessed Entity: New Excelsior Inc. WWTP CASE BACKGROUND AND ASSESSMENT • July 1, 2016 New Excelsior, Inc. was sent a Notice of Violation and Recommendation for Enforcement regarding effluent limit violations of NPDES permit NC0000108 that occurred during April 2016. • July 6, 2016 Green card indicated delivery of the NOV. • August 29, 2016 New Excelsior, Inc. was assessed a civil penalty of$562.94 ($450.00 civil penalty plus $112.94 investigative costs): • $200.00 for two violations of the permitted daily maximum effluent limitation for Total Suspended Solids (TSS)in April 2016. • $250.00 for one violation of the permitted monthly average effluent limitation for Total Suspended Solids (TSS)in April 2016. • September 6, 2016 Green card indicated delivery of the assessment document. REMISSION UEST • September 7, 2016 Remission request signed by Juanita James on behalf of New Excelsior, Inc. • September 9, 2016 DWR received the request for remission from New Excelsior, Inc. The request included a"Justification for Remission Request" and a"Waiver of Right to an Administrative Hearing and Stipulation of Facts." • October 4,2016 John E. Hennessy, Supervisor of the Water Quality Permitting Section's Compliance &Expedited Permitting Unit, considered the information contained in the remission request and found no grounds to modify the civil penalty assessment. • October 13,2016 USPS Certified Mail Tracking indicated delivery of the remission decision document. ENFORCEMENT HISTORY • New Excelsior, Inc. has been assessed civil penalties on two occasions during the five years prior to the assessment of this penalty. REQUEST FOR ORAL PRESENTATION • No request has been made for an oral presentation before the Environmental Management Commission's Committee on Civil Penalty Remissions. DWRRECONEVIINDATION 0 The Division of Water Resources opposes any remission or mitigation of the penalty. a PAT MCCRORY r $ Governor DONALD R.VAN DER VAART Secretary WaterResources S.JAY Z AERMAN ENMONNQNTAL QUALITY Director October 5,2016 CERTIFIED MAIL 7013 2630 0001 8998 4506 RETURN RECEIPT REQUESTED Mr. Jim Kelley, Operations Manager New Excelsior, Inc. 1379 Old Rosman Highway Brevard,NC 28712 Subject: Remission Request of Civil Penalty Assessment NPDES Permit Number NC0000108 New Excelsior, Inc. WWTP Transylvania County Case Number LV-2016-0169 Dear Mr. Kelley: In accordance with North Carolina General Statute 143-215.6A(f), and delegation from the Director of the North Carolina Division of Water Resources,John E. Hennessy, supervisor of the Water Quality Permitting Section's Compliance and Expedited Permitting Unit, considered the information you submitted in support of your request for remission and did not find grounds to modify the civil penalty assessment of$562.94. A copy of the remission decision is attached. Two options are available to you at this stage of the remission process: You may pay the penalty. If you decide to pay the penalty please make your check payable to the Department of Environment and Natural Resources (DENR). Send the payment within thirty(30) calendar days of your receipt of this letter to the attention of Bob Sledge NC DEQ-DWR—Wastewater Branch Compliance&Expedited Permitting Unit 1617 Mail Service Center Raleigh, North Carolina 27699-1617 OR State of North Carolina I Environmental Quality I Water Resources 1611 Mail Service Center I Raleigh,North Carolina 27699-1611 919-707-9000 Mr. Jim Kelley LV-2016-0169 Remission Decision p. 2 You may decide to have the Environmental Management Commission's (EMC) Committee on Civil Penalty Remissions make the final decision on your remission request. If payment is not received within 30 calendar days from your receipt of this letter, your request for remission with supporting documents and the recommendation of the North Carolina Division of Water Resources will be delivered to the Committee on Civil Penalty Remissions for final agency decision. If you or your representative would like to speak before the Committee, you must complete and return the attached Request for Oral Presentation Form within thirty(30) calendar days of receipt of this letter. Send the completed form to: Bob Sledge NC DEQ-DWR—Wastewater Branch Compliance&Expedited Permitting Unit 1617 Mail Service Center . Raleigh,North Carolina 27699-1617 The EMC Chairman will review the supporting documents and your request for an oral presentation (if you make the request). If the Chairman determines that there is a compelling reason to require a presentation, you will be notified of when and where you should appear. If a presentation is not required,the final decision will be based upon the written record. Please be advised that the EMC's Committee on Civil Penalty Remissions will make its remission decision based on the original assessment amount. Therefore,the EMC may choose to uphold the original penalty amount and offer no remission,they may agree with the Division of Water Resources' remission recommendation detailed above, or the penalty amount may be further remitted. Thank you for your cooperation in this matter. If you have any questions,please contact me at(919) 807-6479, or via e-mail at meredith.wojcik@ncdenr.gov. Sincerely, "a"a_ jw� Meredith Wojcik, Environmental Specialist Compliance&Expedited Permitting Unit Division of Water Resources Attachments cc: Asheville Regional Office—DWR/Water Quality Regional Operations Enforcement File DWR Central Files DIVISION OF WATER RESOURCES CIVIL PENALTY REMISSION FACTORS Case Number: LV-2016-0169 Region: Asheville County: Transylvania Assessed Entity: New Excelsior,Inc. WWTP Permit: NC0000108 ❑ (a) Whether one or more of the civil penalty assessment factors were wrongly applied to the detriment of the petitioner: ❑ (b) Whether the violator promptly abated continuing environmental damage resulting from the violation: ® (c) Whether the violation was inadvertent or a result of an accident: The facility's agent states the WWTP received significant flow due to torrential rains,including additional flow from the parking lot and down spouts.They state this storm water brings excess oils to the facility,and that these oils add weight to the effluent.They attribute the total suspended solids exceedances to this occurrence. Although precipitation data from the area indicate some rainfall, the volume of rainfall was not excessive. Furthermore, there was little to no rain for the latter half of the month, when two daily maximum exceedances were reported.If there is stormwater entering the wastewater stream, it is the permittee's responsibility to correct the issue and restore compliance. ❑ (d) Whether the violator had been assessed civil penalties for any previous violations: ❑ (e) Whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions: DECISION.(Check One) Request Denied Full Remission Retain Enforcement Costs? Yes❑ No❑ Partial Remission ❑ $ (Enter Amount) Ad ohn F. Hennessy Date rev 1.0-8.31.09 COMPLETE • CO ON ON DELIVERY P ■ Complete items 1,2,and 3. V. Sign W(P�in ■ Print your name and address on the reverse d Agent so that we cart return the card to you. 0 Addressee • Attach this card to the back of the mailpiece, ) C. Date of Delivery or on the front if space permits. Mr Jim KelleyD. Is delivery address different from ftem 1? 0 Yes If YES,enter delivery address below: 0 No New Excelsior, Inc. 1379 Old Rosman Highway t Brevard, NC 287123.I 0 SerAdult iceSig Type ❑Flighty Mail Egress® GlCertiflSi Mail®Restricted Delivery ❑R�egZ;W Mail Reinricted, 9590 9401 0023 5071 0353 33 -0 Certified Mall Restricted Delivery 0 Return Receipt tor I Q Collect on Delivery Merchandise 2. Article Number(Transfer from service label) o Collect on DelWery Restricted Delivery 0 Signature ConfinnationTM 7 013 2630 0001 8998 4506 p" 'Mail o signature Confirmation i 'eared Mail Restricted Delivery Restricted Delivery .___ pera600) i PS Form 3811,April 2015 PSN 7530-02-000-9053 Domestic Return Receipt i UNITED STATES POSTAL SERVICE First-Class Mail Postage&Fees Paid USPS Permit No.G-10 a' Sender:f7lease print your name, address, and ZIP+4®in this box• qj N NCDEQ-DWR 0 =n Water Quality Permitting Section 6r ATTN: Bob Sledge tUj v 3; E1617 Mail Service : CD Raleigh, NC 27699-1617 W USPSTRA XM# M.vj. Qem�SSt OhS 9590 9401 0023 5071 0353 33 LV_ ap t to-U t 61 . JAMES & JAMES ENVIRONMENTAL MANAGEMENT, INC ` PO BOX 519,MOUNTAIN HOME,NC 28758 (828)697-0063 OFFICE (828)697-0065 FAX September 7,2016 Surface Water Protection Section Asheville Regional Office 2090 U.S.Highway 70 Swannanoa,NC 28778 RE: New Excelsior Inc WWTP NPDES Permit No.NC0000108 NOV-LV-2016-0169 Dear Mr.Davidson, This letter is in response to the above NOV dated August 29,2016 and received by James&James on or about September 6,2016. The violation was for the month of April,2016. The NOV was in reference to elevated Total Suspended Solids results. There were three exceedances for the daily max and a monthly violation. This facility experienced torrential rains causing a significant increase in the flow to the facility. Much debris and oils were received to the facility. We have determined that there must be alternate supply from the roof drains and the parking lot to the facility. The facility struggled to regain compliance. The operator added alum to help settle out the oils and the facility was pumped. All components of the facility operate properly and the facility runs at its maximum potential for the waste stream it receives. The facility regained compliance for the month of May,2016. This facility has been running exceptionally well and we would appreciate any consideration of assessments. Thank you for your attention to this matter. With highest regards, Juanita James STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY COUNTY OF TRANSYLVANIA IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND STIPULATION OF FACTS New Excelsior Inc ) New Excelsior WWTP ) PERMIT NO.NC0000108 ) CASE NO. LV 2016-0169 Having been assessed civil penalties totaling$562.94 for violation(s)as set forth in the assessment document of the Division of Water Resources dated August 29, 2016,the undersigned,desiring to seek remission of the civil penalty,does hereby waive the right to an administrative hearing in the above-stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the Director of the Division of Water Resources within thirty(30)days of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after(30)days from the receipt of the notice of assessment. This the _ day ofI1 '� 20l SIGH'� lURE ADDRESS Jatlilis-&Tafies' Environmental Management,Inc. P.Q.Box 519 Mountain Hornp.111C 28758 TELEPHONE �� -L.^.'7 JUSTIFICATION FOR REMSSION REQUEST RECEIVEDUCIEUDWR SEP 0 9 2016 ualCase Number: LV-2016-0169 County: Tra%W911 Section Son Assessed Party: New Excelsior Inc Permit No.: NC0000108 Amount Assessed: 5$ 62.94 Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of Facts"form to request remission of this civil penalty. You should attach any documents that you believe support your request and are necessary for the Director to consider in evaluating your request for remission. Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s)occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Pursuant to N.C.G.S.§ 143B-282.t(c),remission of a civil penalty may be granted only when one or more of the following five factors apply. Please check each factor that you believe applies to your case and provide a detailed explanation,including copies of supporting documents,as to why the factor applies(attach additional pages as needed). (a) one or more of the civil penalty assessment factors in N.C.G.S. 143B-282.I(b)were wrongfully applied to the detriment of the petitioner(the assessment factors are listed in the civil penalty assessment document); (b) the violator promptly abated continuing environmental damage resulting from the violation(i.e., explain the steps that you took to correct the violation and prevent future occurrences); (c) the violation was inadvertent or a result of an accident(i.e., explain why the violation was unavoidable or something you could not prevent or prepare for); (d) the violator had not been assessed civil penalties for any previous violations; (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions(I e., explain how payment of the civil penalty will prevent you from performing the activities necessary to achieve compliance). EXPLANATION: GU-`l FORM 841 RIVER NATIONA4 WEATHER SER�nG TRANSYLVANIA FRENCH BROAD RIVER TIME(iWal)OF OBSERVATION RIVER TEMPERATURE I PREC-IPITATION STANDARD TIME IN USE 00 •- r • i • • •: • ELEVATIONGAGE ZERO I ... .. generatedThis form was dynamically = man monsoon I NIM■■■■■■■■monsoon■■■■■■■■■mmommmmm�m COMD11IM OF RM AT UGE I 11%L1111 H A' 0 1� A Obstructed by roto Ice I- Ice"beliamw OBSERVER S. Frow.but open at gap F- Shorsioe PLANT OPERATOR C. UpW surface 3moothieb G.Floating ke D. Ice gorge above gage H.Pool stage SUPERVISING OFFICE i INDEX U.S.Department of Commerce Record of Climatological Observations National Centers for Environmental Information National Oceanic&Atmospheric Administration These data are quality controlled and may not be 151 Patton Avenue National Environmental Satellite,Data,and Information Service identical to the original observations. Asheville,North Carolina 28801 Elev:2180 ft.Let:35.137°N Lon:82.820°W Generated on 1 0/0 312 0 1 6 Station:ROSMAN,NC US GHCND;USC00317486 Observation Time Temperature:Unknown Observation Time Precipitation: 0800 Temperature(F) Precipitation Evaporation Soil Temperature(F) P 24 hrs.ending at r at observation p 24 Hour Amounts ending At Obs 4 in depth 8 in depth e time b at observation time Time I Y M s i o D e 24 Hour m a n a r Rain, Snow,ice Wind Amount r t y v melted F Snow,ice F pellets, Moveme of Evap. Ground Ground n h Max. Min. a snow, I pellets, I hail,ice nt (in)a t etc. a hail a on (mi) Cover Max. Min. Cover Max. Min. r (In) g (in) 9 ground (see') (see`) y o (in) n 2016 4 1 1.25 0.0 10.0 2016 4 2 0.07 0.0 0.0 2016 4 3 0.00 0.0 0.0 2016 4 4 0.00 0.0 0.0 2016 4 5 0.00 0.0 0.0 2016 4 6 0.00 0.0 0.0 2016 4 7 0.63 0.0 0.0 2016 4 8 0.04 0.0 0.0 2016 4 9 0.00 0.0 0.0 2016 4 10 0.00 0.0 0.0 2016 4 11 0.00 0.0 0.0 2016 4 12 0.08 0.0 0.0 2016 4 13 0.00 0.0 0.0 2016 4 14 0.00 0.0 0.0 2016 4 15 0.00 0.0 0.0 2016 4 16 0.00 0.0 0.0 2016 4 17 0.00 0.0 0.0 2016 14 18 0.00 0.0 0.0 2016 14 19 0.00 0.0 0.0 2016 14 20 0.00 0.0 0.0 2016 14 21 o 0.0 0.0 2016 14 22 0.23 0.0 0.0 2016 14 23 10.22 0.0 0.0 2016 4 24 10.00 0.0 0.0 2016 4 25 1 15-00-- 0.0 0.0 2016 4 26 10.00 0.0 0.0 �-� 2016 4 27 0.00 0.0 0.0 2016 4 28 0.17 0.0 0.0 2016 4 29 0.00 0.0 0.0 2016 4 30 0.00 0.0 10.0 Summary 2.69 0.0 The flags in Preliminary Indicate the data have not completed processing and qualitycontrol and may not be identical to the original observation Empty,or blank,cells Indicate that a data observation was not reported. 'Ground Cover.7-Grass;2--Fallow;3=Bare Ground;4=Brome grass;5=Sod;6=Straw mulch;7=Grass muck;S=Bare muck;0-Unknown "s"This data value failed one of NCDC's quality control tests. "T"values In the Precipitation category above Indicate a TRACE value was recorded. "A"values in the Precipitation Flag or the Snow Flag column Indicate a multiday total,accumulated since last measurement,Is being used. Data value Inconsistency may be present due to rounding calculations during the conversion process from SI metric units to standard imperial units. ..Mon" Certified Mail # 7012 1010 00 21965 6652 Return Reaeipt RNuested July 1, 2016 Jim Kelley New Excelsior Inc 1379 Old Rosman Hwy Brevard, NC 28712 SUBJECT: NOTICE OF VIOLATION &INTENT TO ASSESS CIVIL PENALTY Tracldng Number: NOV-2016-LV-0385 Permit No. NCO000108 New Excelsior WWTP Transylvania County Dear Permittee: A review of the ARM 2016 Discharge Monitoring Report(DMR)for the subject facility revealed the violation(s) indicated below: LIM,IX Exceedance Violation(s]: Sample Limit Reported Location Parameter Date Value Value Type of Violation 003 Effluent Solids,Total Suspended- 4/7/2016 45 48.6 Daily Maximum Exceeded Concentration(C0530) 003 Effluent Solids,Total'Suspended- 4/21/2016 45 54.5 Daily Maximum Exceeded Concentration (C0530) 003 Effluent Solids, Total Suspended - 4/27/2016. 45 57 Daily Maximum Exceeded Concentration (C0530) 003 Effluent Solids,Total Suspended - 4/30/2016 30 48.6 Monthly Average Exceeded Concentration (C0530) State of North Carolina I Environmental Quality I Water Resources 2090 U.S.70 Highway,Swannanoa,NC 28778 �� 828-296-4500 I 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 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 information provided on the submitted Discharge Monitoring Report(s). You will then be notified of any civil penalties that may be assessed regarding the -violations. If no response is reaeived in this Office within the 10-day period, a dvil 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. 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 stag`. Prior notice should be given for anticipated or potential problems due to planned maintenance activities, taking units off-line, etc. It was also noted that the Compliance QM on your eDMR was missing and not displayed. It should have been marked"Non-Compliant." Please remedy this on future EDMRs. If you have any questions concerning this matter, please contact Janet Cantwell of 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 Cc: WQS Asheville Regional Office - Enforcement File NPDES'Compliance/Enforcement Unit- Enforcemeent File James&James Environmental/ORC G:�wR�WQ�ltansynranlalWaScewaterlMlnws�Ex[elslor 001081NOV-HQI4016•lY•0385.M f x 'Am SENDER: North Car'kna t7epartment of Envirorxnental QuolPty Division of Water Resources , Water Quafrty Reglonai Operations Section c 2090 U.S.Highway 70 nl Swannanaa,NorthCaroltna 28778 y ;f {I 3 R s C l� Jim KeNey,Gene&Manager New Excelsior,Inc. q 1379 Old Rosmal Higtrvvay � e, r z r f 1.'� Brerrard,NC 28'F12 �ry "�' NI 3 V d: +�44�177Cfa,' 451 .,_ I ,�^•, '� x 5 r{„ '� �Ad4;la+ 'hi '!t• f.Jcrrw lshMlk s:, -.`u: 14t fUNITED STATES080 l"E- Pam&Feesx Paid Pennit Na G-10 1 I •Sender. Please print your name,address,and ZlP+40 in this box* 1 I ,pgZq�pg�VGR06 •.. � i �I7C M17t `:I i 1USPS AAKIIV ` C i I 4 4590.4403..11672 51% 905 41 1 `NPDES PERMIT NO.:NC0000108 PERMIT VERSION:3.0 PERMIT STATUS:Inactive FACILITY NAME:New Excelsior W WTP CLASS:W W-2 COUNTY:Transylvania OWNER NAME:New Excelsior Inc ORC:Shannon D James ORC CERT NUMBER:1002526 GRADE:W W-2 ORC HAS CHANGED:No eDMR PERIOD:04-2016(April 2016) VERSION:1.0 STATUS:Processed COMPLIANCE: CONTACT PHONE#:8286970063 SUBMISSION DATE:05/24/2016 J 05/23/2016 ORC/Certifier Signature: Shannon James E-Mail:jjemi@bellsouth.net Phone #:828-697-0063 Date By this signature,I certify that this report is accurate and complete to the best of my-knowledge. The permittee shall report to the Director or the appropriate Regional Office any noncompliance that potentially threatens public health or the environment. Any information shall be provided orally within 24 hours from the time the permittee became aware of the circumstances.A written submission shall also be provided within 5 days of the time the permittee becomes aware of the circumstances. If the facility is noncompliant,please attach a list of corrective actions being taken and a time-table for improvements to be made as required by part II.E.6 of the NPDES permit. 05/24/2016 Permittee/Submit r Signature:*** uanita James E-Mail:jjemi@bellsouth.net Phone #:828-697-0063 Date Permittee Address:1379 Old Rosman Hwy Rosman NC 28772 Permit Expiration Date:09/30/2015 1 certify,under penalty of law,that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted Based on my inquiry of the person or persons who managed the system,or those persons directly responsible for gathering the information,the information submitted is,to the best of my knowledge and belief,true, accurate,and complete.I am aware that there are significant penalties for submitting false information,including the possibility of fines and imprisonment for knowing violations. CERTIFIED LABORATORIES LAB NAME:James 8c James Environmental Mgt.,Inc. CERTIFIED LAB#:482 PERSON(s)COLLECTING SAMPLES:Shannon dames PARAMETER CODES Parameter Code assistance may be obtained by calling the NPDES Unit(919)807-6300 or by visiting http://portal.ncdenr.org/web/wq/swp/ps/npdes/forms. FOOTNOTES Use only units of measurement designated in the reporting facility's NPDES permit for reporting data. *No Flow/Discharge From Site:Check this box if no discharge occurs and,as a result,there are no data to be entered for all of the parameters on the DMR for entire monitoring period **ORC on Site?:ORC must visit facility and document visitation of facility as required per 15A NCAC 8G.0204. ***Signature of Permittee:If signed by other than the permittee,then delegation of the signatory authority must be on file with the state per 15A NCAC 2B _0506(b)(2)(D). `NPDE%PERMIT NO.:NC0000108 PERMIT VERSION:3.0 PERMIT STATUS:-Inactive FACILITY NAME:New Excelsior WWTp CLASS:WW-2 COUNTY:Transylvania 'OWNER NAME:New Excelsior Inc ORC:Shannon D James ORC CERT NUMBER:1002526 GRADE:W W-2 ORC HAS CHANGED:No eDMR PERIOD:04-2016(April 2016) VERSION:1.0 STATUS:Processed Report Comments: On the 7th and the 28th BOD data valid;Blank was>0.20mg/L. There were three daily maximum violations during the month and this did give a monthly violation. We anticipate that the increased Total Suspended Solids was due to the torrential rains causing additional flow into the facility. We have determined that there must be additional water tied into the facility from the parking lot and down spouts. This storm water carries the debris from the parking lot and roof that the facility struggles to compensate for. This excess water brings oils to the facility that weigh heavy in the effluent waters We continually strive for compliance JAMES & JAMES ENVIRONMENTAL MANAGEMENT, INC PO BOX 519, MOUNTAIN HOME,NC 28758 (828)697-0063 OFFICE 4�' (828)697-0065 FAX April,2016 Client:New Excelsior Sigma Plastics Group NPDES PERMIT NUMBER: NC0000108 Dear Client, We are pleased to notify you that your facility operated most of the month within your National Pollutant Discharge Elimination System(NPDES)permit. We did experience a result that was greater than the permit discharge limits. Your permit has both a monthly maximum and a daily maximum. Your facility exceeded the permit discharge limits on the items listed below: TOTAL SUSPENDED SOLIDS 5/7—48.6 mg/1 5/21 —54.5 mg/I 5/27—57 mg/1 Monthly Average 48.6 mg/I There were three daily maximum violations during the month and this did give a monthly violation. We anticipate that the increased Total Suspended Solids was due to the torrential rains causing additional flow into the facility.We have determined that there must be additional water tied into the facility from the parking lot and down spouts. This storm water carries the debris from the parking lot and roof that the facility struggles to compensate for. This excess water brings oils to the facility that weigh heavy in the effluent waters. We continually strive for compliance. Please find enclosed a copy of the Discharge Monitoring Report(DMR)for last month. This report and one copy have been sent to the State on your behalf. Please place this report in your file for future reference. Thank you for choosing James&James as your service company. r ank you, of(Xbn J ita James