NC0083313_Compliance_20200409

NPDES DOCUMENT SCANNIN. COVER SHEET
NC0083313
Brookside Village Condos WWTP
NPDES Permit:
Document Type:
Permit Issuance
Wasteload Allocation
Authorization to Construct (AtC)
Permit Modification
Complete File -Historical
Engineering Alternatives (EAA)
Compliance
Instream Assessment (67b)
Speculative Limits
Environmental Assessment (EA)
Document Date:
April 9, 2020
Thin document is printed as reuse paper - ignore any
coateat oa the re'erse aide

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. DANIEL SMITH
Director
NORTH CAROLINA
Environmental Quality
March 24, 2020
CERTIFIED MAIL ITEM 7015 0640 0007 9833 6056 - RETURN RECEIPT REQUESTED
Ms. Katherine Nudelman
Brookside Village Homeowners Association, Inc.
538 N Main St
Hendersonville, NC 28792
Dear Ms. Nudelman:
g/R 4 ,i •-
G���� , f/`DAM
SUBJECT: CIVIL PENALTY REMISSION REQUESTS
NPDES Permit NC0083313
Brookside Village Condos WWTP
Case LV-2020-0023
Case LM-2020-0002
Henderson County
I have considered the information submitted by your organization in support of a request for
remission in the subject cases. The prompt replacement of the contract ORC and the similarly
prompt completion of facility repairs shows that you take your responsibilities as permittee
seriously. Therefore, in accordance with NCGS 143-215.6A (f), I have found cause to remit the
original civil penalty assessments by $720.00. Your organization is responsible for the
remaining penalties and enforcement costs, which total $430.94.
If you choose to pay the remaining amount, send payment to the letterhead address within thirty
(30) days of receipt of this letter. Please make checks payable to NC DEQ and include the case
numbers on the check[s].
If payment is not received within thirty (30) days of receipt of this letter, in accordance with NCGS
§ 143-215.6A (f), your requests for remission of the civil penalties (with supporting documents) and
my recommendations regarding your requests will be delivered to the North Carolina
Environmental Management Commission's (EMC) Committee On Civil Penalty Remissions
(Committee) for final agency decision.
If you desire to make an oral presentation to the Committee on why your requests for remission
meet one or more of the five statutory factors you were asked to address, you must complete and
return the attached forms within thirty (30) days of receipt of this letter. Please mail the
completed forms to:
Mr. Charles H. Weaver
NC DEQ / DWR / NPDES
1617 Mail Service Center
Raleigh, NC 27699-1617
North Carolina Department of Environmental Quality 1 Division of Water Resources
512 North Salisbury Street 11617 Mail Service Center 1 Raleigh, North Carolina 27699-1617
919.707.9000

NC0083313 Remission Decision
Page 2 of 4
Your request for an oral presentation and the documents in this matter will be reviewed by the
EMC Chairman and, if it is determined that there is a compelling reason to require an oral
presentation from you, you will be notified by certified mail of the date, time, and place that your
oral presentation can be made. Otherwise, the final decision on your requests for remission will be
made by the Committee based on the written record.
Thank you for your cooperation in this matter. If you have any questions about this letter, please
contact Mr. Weaver at [phone] or [e-mail].
cc: NPDES Files
SENDER: COMPLETE THIS SECTION
■ Complete items 1, 2, and 3.
• Print your name and address on the reverse
so that we can return the card to you.
• Attach this card to the back of the mailpiece,
or on the front if space permits.
Brookside Village HOA Inc
Attn: Katherine Nudelman
538 N Main St
Hendersonville, NC 28792
IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII IIIIIIIIIII
9590 9402 3950 8060 9864 99
S. Daniel Smith, Director
Division of Water Resources
COMPLETE THIS SECTION ON DELIVERY
A. Signature
❑ Agent
❑ Addressee
`taof Delivery
D. Is delivery address different from item 1? 0 Yes
If YES, enter delivery address below: ❑ No
3. Service Type
❑ Adult Signature
❑ Adult Signature Restricted Delivery
❑ Certified Mail®
❑ Certified Mail Restricted Delivery
0 Collect on Delivery
Delivery Restricted Delivery
7 015 0640 0007 9833 6056
...Jail Restricted Delivery
lail
(over $500)
PS Form 3811, July 2015 PSN 7530-02-000-9053
0 Priority Mail Express®
❑ Registered Mail"'
❑ Registered Mail Restricted
Delivery
❑ Return Receipt for
Merchandise
O Signature ConfirmationTM
❑ Signature Confirmation
Restricted Delivery
Domestic Return Receipt

DIVISION OF WATER RESOURCES
CIVIL PENALTY REMISSION FACTORS
Case Number: LV-2020-0023 Region: Asheville County: Henderson
Assessed Entity: Brookside Village WWTP Permit: NC0083313
❑ (a) Whether one or more of the civil penalty assessment factors were wrongly applied to
the detriment of the petitioner:
E(b) Whether the violator promptly abated continuing environmental damage resulting
n the violation:
Per►uittee States: ORC was replaced and new equipment was purchased to rectify facility issues.
DWR Response: Prompt response by permittee is worthy of penalty remission.
P3( (c) Whether the violation was inadvertent or a result of an accident:
Permittee States: Previous ORC did not report pump failure which led to effluent violations and
failure to submit DMR data.
DWR Response: Prompt response by permittee is worthy of penalty remission.
❑ (d) Whether the violator had been assessed civil penalties for any previous violations:
n (e) Whether payment of the civil penalty will prevent payment for the remaining
necessary remedial actions:
DECISION (Check One)
Request Denied ❑
Full Remission 0 Retain Enforcement Costs? Yes 0 No 0
Original Penalty (without Enforcement Costs)
$200.00 (enter amount)
Partial Remission 80% or $160.00 (amount remitted)
Subtotal $40.00
Retaining Enforcement Costs
$125.47
Total Revised Asses ji ent $165.47
aniel Smith Date

DIVISION OF WATER RESOURCES
CIVIL PENALTY REMISSION FACTORS
Case Number: LM-2020-0002 Region: Asheville County: Henderson
Assessed Entity: Brookside Village WWTP Permit: NC0083313
(l (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
the violation:
Permittee States: ORC was replaced and new equipment was purchased to rectify facility issues.
DWR Response: Prompt response by permittee is worthy of penalty remission.
(c) Whether the violation was inadvertent or a result of an accident:
Perntittee States: Previous ORC did not report pump failure which led to effluent violations and
failure to submit DMR data.
DWR Response: Prompt response by permittee is worthy of penalty remission.
❑ (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 El No ❑
Original Penalty (without Enforcement Costs)
Partial Remission
$700.00 (enter amount)
80% or $560.00 (amount remitted)
Subtotal $140.00
Retaining Enforcement Costs $125.47
Total Revised Asses t $265.47
. aniel Smith Date

Weaver, Charles
From: Boss, Daniel J
Sent: Tuesday, March 3, 2020 9:54 AM
To: Weaver, Charles
Cc: Davidson, Landon
Subject: RE: 2 more remission requests - NC0083313
Charles,
I already cleared it with Landon.
Thanks!
Daniel Boss
Environmental Specialist- Asheville Regional Office
Water Quality Regional Operations Section
NCDEQ- Division of Water Resources
Office Phone: [phone]
Email: [e-mail]
2090 U.S. Hwy. 70
Swannanoa, N.C. 28778
From: Weaver, Charles
Sent: Tuesday, March 3, 2020 9:53 AM
To: Boss, Daniel J <[e-mail]>
Cc: Davidson, Landon <[e-mail]>
Subject: RE: 2 more remission requests - NC0083313
Fine by me. If that's OK with Landon, I'll write it up that way.
CHW
From: Boss, Daniel J <[e-mail]>
Sent: Tuesday, March 3, 2020 9:50 AM
To: Weaver, Charles <[e-mail]>
Cc: Davidson, Landon <[e-mail]>
Subject: RE: 2 more remission requests - NC0083313
Hi Charles,
I was really pleased with how quickly these folks took action to fix the situation with their WWTP. It took 2 years to get
the tertiary filters fixed at the Mizpah Healthcare facilities and it only took these folks 2 months. I am asking for a 80%
reduction of the penalty.
Daniel Boss
Environmental Specialist- Asheville Regional Office
Water Quality Regional Operations Section
NCDEQ- Division of Water Resources
1

Office Phone: [phone]
Email: [e-mail]
2090 U.S. Hwy. 70
Swannanoa, N.C. 28778
From: Weaver, Charles
Sent: Tuesday, March 3, 2020 8:28 AM
To: Boss, Daniel J <[e-mail]>
Cc: Davidson, Landon <[e-mail]>
Subject: 2 more remission requests - NC0083313
Dan —just got this yesterday afternoon. If you & Landon want to render an opinion, I can process it with the other cases
at the meeting this week. I know that the ARO staff won't be on the call, but I can do the paperwork and get the
decision letter out.
If you'd rather wait for next month's meeting, that's fine, too. Just let me know.
Charles H. Weaver
Environmental Specialist
N.C. DEQ / Division of Water Resources
919-707-3616
charles.weaver(a ncdenr.gov
(mailing address) 1617 Mail Service Center, Raleigh, NC 27699-1617
Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed
to third parties.
2

February 8, 2020
To: Wastewater Branch
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
RECEIVED
FEB 2 G 2020
NCDEQ/DWR/1VPDES
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, ,/
OP
-\,
Katherine Nudelman, President,
Unit Owner and President Brookside Village
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DcavSign Envelope ID: 7OC68F4D-B2D5-4671-86C5-F825972CDAF2
Case Number:
Assessed Party:
Permit No.:
JUSTIFICATION FOR REMISSION REQUEST
1 .2vzo--Ooo�.
LV-2020-0023 County: Hen • rson
Brookside Village Homeowners Association Inc
NC0083313 Amount Assessed: $32 .47 (JO 2 3
82
Please use this form when requesting remission of this civil penalty. You must complete t
Waiver of Right to an Administrative Hearing, and Stipulation of.Facts" form to request rentissi
You should attach any documents that you believe support your request and are necessary for th
evaluating your request for remission. Please be aware that a request for remission is limited t
factors listed below as they may relate to the reasonableness of the amount of the civil penalty
remission is not the proper procedure for contesting whether the violation(s) occurred or the acc
statements contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 143B-2
penalty may be granted only when one or more of the following five factors apply. Please chec
believe applies to your case and provide a detailed explanation, including copies of supporting d
factor applies (attach additional pages as needed).
(a) one or more of the civil penalty assessment factors in N.C.G.S. 14313-282.1(b) were
detriment of the petitioner (the assessment factor are listed in the civil penncilty us.sessm
the violator promptly abated continuing environmental damage resulting from the vi
steps that you look to correct the violation and prevent jiiture occurrences);
(c) the violation was inadvertent or a result of an accident (i.e., explain rrht' the violatio
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 rem e al actions (i.e., explain
how parnnent of the civil penalty will prevent you from perf<nrming the activities necessat , to achieve
compliance).
RECEIVED
FEB 2 u 2020
NCDEQ/DWR/NPDES
. L-0 O O o 2-
e "Request For Remission,
n of this civil penalty.
Director to consider in
consideration of the five
sessed. Requesting
racy of any of the factual
2.l (c), remission of a civil
each factor that you
cuments, as to why the
'songfully applied to the
7t document) :
lation (i.e., explain the
was unavoidable or
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DoeuSign Envelope ID' 438C4582- 4286-447(3-88E6-2B9718DC3465
STATE OF NORTH CAROLINA
COUNTY OF HENDERSON
DEPARTMENT OF ENVIRC NMENTAL QUALITY
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST
)
) o�t
) 0 CASE NO. LM-2020-0002
Having been assessed civil penalties totaling $825.47 for violation(s) as set forth in the assessmehit document of the Division
of Water Resources dated January 10 2020. the undersigned, desiring to seek remission of the c vil 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 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 nevi evidence in support of a remission request will be allowed after (30) da-s from the receipt of the
notice of assessment.
Brookside Village Homeowners Association Inc
Brookside Village Condos WWTP
PERMIT NO. NC0083313
RECEIVED
FEB 2 t; 2020
WAIVER OF RIGHT TO AV
ADMINISTRATIVE HEARINGNC40'DWR/NPDES
STIPULATION OF FACTS
This the
ri D• L V 2 2-0 — 0 c.)
0 day of rQ,� h weci'" 20 Za
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SIGNATURE
(gib GJew)
ADDRESS
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TELEPHONE
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JONES ENVIRONMENTAL
JONES ENVIRONMENTAL
RECEIVED
FEB 2 C 2020
NDDEQ/DWR/NPDES
45 Pleasant Court
Flat Rock. N.C. 28731
Phone [phone]
Phone [phone]
OPERATION AND MAINTENANCE CONTRACT
FOR
VVWTP
This operation and maintenance agreement is made this day lst September 2019
by and between Brookside Village (hereafter "OWNER") and Jones
Environmental (hereafter "OPERATOR").
WITNESSETH: that for and in consideration of services to be performed by the OPERATOR for a
monthly amount of _$400 f labs hereinafter set forth to be paid by the OWNER to the
OPERATOR in exchange for operation and maintenance of the waste treatment facility known as
Brookside Village
IN AS MUCH AS: OWNER is the responsible party by the State of North Carolina to operate said
facility; and IN AS MUCH AS OPERATOR is qualified to enter into an agreement with the OWNER to
assume the routine operational and maintenance responsibilities for said facility with the obligations of
both parties defined below.
THEREFORE, IN CONSIDERATION OF THE ABOVE, THE PARTIES AGREE AS
FOLLOWS:
(Part I) OPERATION
1. THE OPERATOR WILL:
(a) Provide a certified collection system operator(s) of a grade equal to or higher than the class assigned to
the facility and a certified back up operator to operate the facility in an efficient manner.
(b) Check the facility as required by the state regulations not less than seven times per week without
telemetry; and one time per week with telemetry.
(c) Pump sludge from the plant on a routine basis as necessary for proper operation, as provided in Part lI
I lc LI

(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 desinated representative will be notified as quickly as possible by telephone, fax, or written
notification.
(f) Regulate chemicals if required for system operations.
(g) Lal orexceeding 1 hour per job as outlined in paragraphs 2(d) and 2(e) above will be charged at the rate
of 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 minim= 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 is 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.
(Paull)
TIE OWNER WILL:
1. Authorize the OPERATOR to have sludge removed from the plant as necessary at the OWNERS
expe .
2. Au orize 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,

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.
(Parr Ili)
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 farther 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 tb 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 I 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 11th 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 THIRTY (30) days after the
effective date of the change.
4. This contract shall be binding 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.
5. This contract is effective: 10/1/2019

THIS CONTRACT ENTERED INTO AND EXECUTED AS OF THE DATE FIRST WRITTEN ON
PAGE 1 OF THIS AGREEMENT.
Jones Environmental
45 Pleasant Court
Flat Rock NC 28731
421C o;cs
Mark Jones Owner
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Da
jOj4Jf/ J v,�•�-S
Daniel Janes Owner
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Date
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-315-20(
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Fr1
Jones Environmental
45 Pleasant Court
Rat Rock, NC 28731 US
[phone]
[e-mail]
BILL TO
Kathy Nudelrnan
Brookside Condominiums
538 North Main Street
Hendersonville, NC 28792
JONES ENVIRONMENTAL
INVOICE # CIATE TOTAL DUE DUE DATE
2140 • 09/29/2019 $713.10 09/29/2019
DATE DESCRIPTION
09/29/2019
PuPPIles
Vames FS51 pump
Qr
BALANCE DUE
1
invoice
ENCLOSED
RAI E AM )iJN"T'
713.10 713.10
pi F q1o•°\
Imo
$713.10

• Southern Water Service, a LC
4983 North Lee Hwy
Cleveland,'TN 37312
(P) - 423-479-2753
(F) - 423-728-2358
Bill To
Jones Environmental
45 Pleasant Court
Flat Rock NC 28731
INVOICE #
43326
Ship To
Jones Environmental
45 Pleasant Court
Flat Rock NC 28731
P.O. Number
Ship Date
i
Terms
F.O.B.
Via
Tracking #
71893
11 / 1 /2019
factory
Conway
2927825224
Quantity
Item Code
Description
Price Each
Amount
1
•
Barnes item
1
SF51
Part # 109974
0.5HP, 1 ISV, Submersible CSA Listed Fountain Pump
8282730760 [e-mail]
713.10
713.10
$713.10
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 attorney's and collection fees. All
litigation concernig collection of these charges will occur in Bradley Co., TN court.
Total