NC0083313_Remission Request LM-2020-0002_20200228

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February 8, 2020
To: Wastewater Branch REG V D
Division of Water Resources FEB 2 L: 2020
1617 Mail Service Center
Raleigh, North Carolina 27699-1617 NCDEQ/DWR/NPDES
Re: Notice of Violation and Assessment of Civil Penalty
for Violations of North Carolina General Statute (G.S) 143-215.1(a)(6)
and NPDES WW Permit No. NC0083313
Brookside Village Homeowners Association, Inc. Case No. LM-2020-0002
Brookside Village CondoWWTP Case No. LV-2020-0023
Henderson County
To : Director or Committee:
I am answering on behalf of the 19 fifty-five and over unit owners who comprise the
Homeowner's Association of Brookside Village in Hendersonville, NC. Our wastewater
treatment plant is only used for these residents. We understand the importance of abiding by
our permit agreement and we have always employed a company licensed by the state to
monitor daily and to make sure we are kept in compliance. This is one of our greatest monthly
expenses.
We have relied on James and James for years to make sure we are in compliance and
have always done anything recommended to us as far as treatment/maintenance. Then, at the
end of June 2019 we were told that James and James would be merging with Envirolink but
our contract would be honored and there would be seamless transition.
(c) Unfortunately, the first sign we had that things were not going as expected was when
the State informed us that our monitoring reports for July and August had not been filed. (b)To
address this, we employed the services of Jones Environmental and signed a contract for Mark
Jones to do our monitoring, servicing and reporting beginning September 1, 2019. (c)The ball
was dropped on the part of the monitoring companies although we were paying to have it done
as always. It was then that we found out that there was a pump in the tertiary that was not
functioning and we met with Mr. Daniel Boss from the State and Jones Environmental. (b) One
pump was ordered at a cost of$713.10 (Invoice 2140) and installed. Once that was installed
and working, we ordered a second pump for another 713.10 (Invoice 71893). (c) Neither James
and James nor Envirolink had notified us of any problems with the pumps or station.
(b) As Mr. Boss can tell you, Mark Jones of Jones Environmental did what he could to
assist us in trying to get the monitoring reports from July and August sent to the state. In
December, we finally got something via email for August and I am under the impression that
once the reports were finally sent in that these two notices of violation were created. July -
$200 + 125.47 = $325.47 and August $700 + 125.47 = $825.47.
We feel we took all steps we could to rectify the situation by contracting a
different company licensed by the state and purchasing two pumps at a cost of$1420.00
plus parts and installation. It is our hope that you will see our actions as reason to accept
and approve our request for remission of the above listed fines.
Respectfully Submitted,
,S;e1 CrLi (44.9 AA".,
Katherine Nudelman, President,
Unit Owner and President Brookside Village
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•-D,AJSign Envelope ID:438C4582-4286-447B-88E6-289718Dc3465
STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRcNMENTAL QUALITY
COUNTY OF HENDERSON RECEN2020ED
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO
OF CIVIL PENALTIES AGAINST } ADMINISTRATIVEINISTRATIVE HEA NG'ANDFFB 2 l
DWR/NPDES
STIPULATION OF FACTS
Brookside Village Homeowners Association IncePI
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Brookside Village Condos WWTP )
)V e, fI o . 1. I/ L 24— O v 3
PERMIT NO.NC0083313 ) O CASE NO. LM-2020-0002
Having been assessed civil penalties totaling$825.47 for violation(s)as set forth in the assessor nt document of the Division
of Water Resources dated January 10,2020 the undersigned,desiring to seek remission of the evil penalty,does hereby
waive the right to an administrative hearing in the above-stated matter and does stipulate that th facts are as alleged in the
assessment document. The undersigned further understands that all evidence presented in supp rt of remission of this civil
penalty must be submitted to the Director of the Division of Water Resources within thirty(30) ays of receipt of the notice
of assessment. No new evidence in support of a remission request will be allowed atter(30)da s from the receipt of the
notice of assessment.
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This the Fczei4e, I 0 day of fQ..1 h wwr'j 20
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(d)Advise OWNER of equipment breakdowns and upsets at station.
(e)Provide worker compensation insurance as required by law for all OPERATOR( S)employees.
2.As to Maintenance:
(a)Perform all routine maintenance including oiling,greasing,adjusting,and checking all mechanical and
electrical equipment that does not require a licensed artisan.
(b)Provide an emergency telephone number to obtain a qualified operator during nights,weekends,and
holidays.
(c)Keep the facility neat,clean,and as odor free as normally acceptable.
(d)Remove and replace or repair minor items or equipment such as motor belts,filters,valves,minor
electrical,and other minor mechanical equipment as required to keep the plant operational with no labor
charge,except as provided in item 2(g)below.If said items are purchased by the OPERATOR the
OWNER will be charged cost of such items replaced.
(e)Remove and replace,or repair major items of equipment such as motors,blowers,electrical(timers,
breakers,heaters etc.),and other major mechanical equipment.Labor will be charged in accordance with
item 2(g)below.If said items are purchased by the OPERATOR,the OWNER will be charged for the
items replaced.OWNER will be notified prior to such action.Authorization will be required from the
owner or authorized representative prior to acquisition of major equipment.In such an event,the OWNER
or designated representative will be notified as quickly as possible by telephone,fax,or written
notification.
(f)Regulate chemicals if required for system operations.
(g)Labor exceeding 1 hour per job as outlined in paragraphs 2(d)and 2(e)above will be charged at the rate
of 25 per hour.Any visit other than the scheduled daily visit(emergency or otherwise)will be
charged at the rate of 30 per hour(with a four hour minimum for emergency call)
3_Reporting:
(a)Complete an Operations log on site and report to the State of North Carolina as required by the current
NPDES permit.
(b)Reply to any problems cited by the State of North Carolina under the current NPDES permit.
(c)North Carolina General Statutes Title 15 A:02B.0506,Part C.Additional reporting requirements
require:
(1)When a facility is operated on an independent contract basis,the Operator in Responsible Charge
shall notify the OWNER of the facility in writing of any existing or anticipated condition(s)at the facility
which may interfere with its proper operation and which need corrective action by the owner.The notice
shall include recommendations for corrective action.
(Part I1)
THE OWNER WILL:
1.Authorize the OPERATOR to have sludge removed from the plant as necessary at the OWNERS
expense.
2.Authorize the OPERATOR to remove and replace minor items of equipment as listed in paragraph 2(d)
above.
3.Authorize the OPERATOR to remove and replace major items of equipment as listed above in 2(e)
above.
4.Provide any special tools and lubricants associated with the facility.
5.Provide electrical and water,if needed to the facility and pay all associated bills.
6.Prevent the introduction to the influent waters of the plant improper substances such as toxic substances,
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non-biodegradable soaps,strong bleaches,oil,and grease,which would prevent operation of the plant in
accordance with the discharge permit and assist the OPERATOR in locating the source of any such
substances.
7.Provide the operator with copies of all correspondence received from the State of North Carolina or other
regulatory agencies that concern the facility.
8.Provide the OPERATOR with the name,mailing address,and telephone number of the designated
representative to act in the owners'absence.
9.Provide for the maintenance and operation of all wastewater collection systems outside the plant area.
(Any piping carrying water to the lift station)
10.Assume responsibility for corrective action of existing or anticipated condition(s)as outlined in
paragraph 3(c)above.
(Part III)
GENERAL PROVISIONS:
1.The OPERATOR shall not be held responsible for any breakdowns,normal wear and tear of
equipment.damage caused by weather or vandalism,or negligence caused by the owner,his agents,or
employees.The OPERATOR will report any such problems as soon as possible to the OWNER or
OWNERS designated representative.
2.The OPERATOR shall not be held responsible for poor plant efficiency when the plant is subject to
hydraulic,organic,unauthorized substances or chemical overloads.In the event these conditions occur,the
OPERATOR will assist the OWNER in taking proper measures to correct such situations.
3.The OWNER agrees to indemnify and hold harmless the OPERATOR from any liability or damages
arising out of or caused by the introduction into the facility of any hazardous or toxic substances not
belonging in the plant or the plants influent
4.The OWNER further agrees that they will indemnify and hold harmless the OPERATOR against all
injuries or death caused to any person or persons arising from the operation of the facility,and will further
secure the plant from entry by unauthorized personnel,children,etc.and provide the OPERATOR with
access to such security measures as the owner takes to prevent unauthorized entry.
(Part IV)
TERMS OF PAYMENT:
1.The OPERATOR agrees to provide as outlined herein the services described in Part 1 for 400+
labs per month.
2.The Owner agrees to pay above charges not later than the 10th day of the month immediately
following the month of service and to pay a service charge of 1.5%per month on any unpaid billing
beginning on the 1 Ith day of the immediately following month.
3.In the event the permit requirements are changed by the State of North Carolina,reflecting a change
in field testing.lab analysis,or maintenance and operation,then either party may request a change in this
contract If both parties cannot agree on a change,the contract shall terminate 11i1RTY(30)days after the
effective date of the change.
4.This contract shall be bindi g on both parties for a period of One(1)year and will automatically be
renewed for an additional period of one(1)year and subsequently will be renewed for additional 1 year
periods at the expiration of each renewal unless written notice is given by either party prior to the end of
the contract period.
5.This contract may only be modified by written instrument executed by both parties in the same
formality as the original.
6.This contract is effective: 10/1/2019
3 L

•
THIS CONTRACT ENTERED INTO AND EXECUTED AS OF THE DATE FIRST WRITTEN ON
PAGE 1 OF THIS AGREEMENT.
Jones Environmental
45 Plensaut Court
Flat Rock NC 28731
M421( To-404 t' fh[ lcf ,uwf
Mark Jones Owner Daniel Jones Owner
Signature tare
f/3,1 / 9/5a
Da a Date
)\1 C;,) I 144 3 I
Pant C
Authorized PersonnelgrOC cs 13 4 v.t, _3,5 2_0 (
+ �5
Au orized P Signature Date

Jones Environmental
• Invoice
45 Pleasant Court
Flat Rock,NC 28731 US
[phone]
[e-mail] JONES ENVIRONMENTAL
BIL 10
Kathy Nudelman
Brookside Condominiums •
538 North Main Street
Hendersonville,NC 28792
INVOICE# DATE TOTAL DUE DE DAE ENCLOSED
2140 09/29/2019 $713.10 09/29/2019
DATE DESCRIPTION ;,;-•„1 ;
09/29/2019 supplies 1 713.10 713.10
Varnes FS51 pump
BALANCE DUE $713.10
pp ki°\

. e ,e 2_,
Southern Water Service, LLC INVOICE#
4983 North Lee Hwy 43326
Cleveland, TN 37312
(P) - 423-479-2753 •
• (F) - 423-728-2358 p►,9
Bill ToAlIPA
• t Ship To
Jones Environmental Jones Environmental
45 Pleasant Court 45 Pleasant Court
Flat Rock NC 28731 FIat Rock NC 28731
•
P.O.Number Ship Date Terms F.O.B. Via Tracking#
71893 11/1/2019 factory Conway 2927825224
Quantity Item Code Description Price Each Amount
1 Barnes item SF51 713.10 713.10
Part# 109974
0.5HP, I ISV,Submersible CSA Listed Fountain Pump
8282730760 jonesenvironme
[e-mail]
ahoo.com
J �Y
A 1.5%per month service charge will be added to past due accounts as well as all costs and
expenses incurred in collecting amounts due, including attorneys and collection fees. All Total $713.10
litigation concernig collection of these charges will occur in Bradley Co.,TN court. ___.