NC0074110_Compliance_20170308

NPDES DOCUMENT SCANNIN`: COVER SHEET
NPDES Permit:
NC0074110
Mountain View Assisted Living
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:
March 8, 2017
This document is printed on reuse paper - izore any
content on the re Terse side

ROY COOPER
Water Resources
ENVIRONMENTAL QUALITY
March 8, 2017
Governor
MICHAEL S. REGAN
Secretary
S. JAY ZIMMERMAN
Director
CERTIFJJ D MAIL ITEM 7013 2630 00018998 3844 - RETURN RECEIPT REQUESTED
Mr. Robert Crummie
Mizpah Healthcare, Inc.
P.O. Box 999
Mountain Home, NC 28758-0999
SUBJECT: CIVIL PENALTY REMISSION REQUEST
Mountain View Assisted Living WWTP
Permit NC0074110
Cases LV-2017-0023
Henderson County
Dear Mr. Crummie:
I have considered the information submitted by James & James in support of a request for
remission in the subject case. In accordance with NCGS 143-215.6A (f), I have found no cause to
remit the original civil penalty assessment of $929.12.
If you choose to pay the penalty, send payment to the letterhead address within thirty (30) days of
receipt of this letter. Please make the check payable to NC DEQ.
If payment is not received within thirty (30) days of receipt of this letter, in accordance with NCGS
§ 143-215.6A (f), your request for remission of the civil penalty (with supporting documents) and
my recommendation to deny the request 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 request for remission
meets one or more of the five statutory factors you were asked to address, you must complete and
return the attached form within thirty (30) days of receipt of this letter. Please mail the completed
form to:
Mr. Charles H. Weaver
NC DEQ/DWR/NPDES
1617 Mail Service Center
Raleigh, NC 27699-1617
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
State of North Carolina I Environmental Quality I Water Resources
1617 Mail Service Center I Raleigh, NC 27699-1617
919 807 6300 919-807-6389 FAX
http://portal.ncdenr.org/web/wq

NC0074110 Remission Decision
Page 2 of 3
oral presentation can be made. Otherwise, the final decision on your request 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].
Sincerely,
d&r/I
1' S. Jay Zimmerman, P.G.
Director, Division of Water Resources
cc: Asheville Regional Office / Landon Davidson
Central Files

DWR - CIVIL ASSESSMENT REMISSION FACTORS CONSIDERATION
Case Number: LV-2017-0023 Region: Asheville County: Henderson
Assessed Mizpah Healthcare / Mountain View
Entity: Assisted Living Permit: NC0074110
ASSESSMENT FACTORS
(a) Whether one or more of the civil penalty assessment factors were wrongly
applied to the detriment of the petitioner:
Notes: �AIII /5;00/1 / t! c5 / jl j Wl p q Brili; G Atfrat �t/L
_rexi or mare,
❑ (b) Whether the violator promptly abated continuing environmental damage
resulting from the violation:
Notes:
❑ (c) Whether the violation was inadvertent or a result of an accident:
Notes:
❑ (d) Whether the violator had been assessed civil penalties for any previous
violations:
Notes:
❑ (e) Whether payment of the civil penalty will prevent payment for the remaining
necessary remedial actions:
Notes:
DECISION (Check One)
Request Denied
Full Remission ❑P Retain Enforcement Cost? Yes ❑ No❑
Partial Remission El $ (Enter Amount)
Rev. 7/2015

Weaver, Charles
From: Weaver, Charles
Sent Friday, February 24, 2017 10:37 AM
To: Davidson, Landon
Subject RE: LV-2017-0023 and 0025
s for permit NC0074110, not NC0071897. No justification for any remission. They can't tell which facility
was assessed, which does not inspire confidence in their O&M, etc.
LV-2017-0025 request: there's no documentation of anything they say was done, and it's unclear if the actions they
performed (?) were correct for the violations that occurred.
Send me copies of the cases and your signed Factor Sheets. Also send any other comments you have. We'II handle
these in a few days.
CHW
From: Davidson, Landon
Sent Thursday, February 23, 2017 3:48 PM
To: Weaver, Charles <[e-mail]>
Subject: LV-2017-0023 and 0025
Remission requests. Still trying to understand the angle on the 0025 response.
Thanks.
G. Landon Davidson, P.G.
Regional Supervisor - Asheville Regional Office
Water Quality Regional Operations Section
NCDEQ - Division of Water Resources
828 296 4680 office
828 230 4057 mobile
[e-mail]
2090 U.S. Hwy. 70
Swannanoa, N.C. 28711
-'Nothing Compares,....
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
1

JAMES & JAMES ENVIRONMENTAL MANAGEMENT, INC
PO BOX 519, MOUNTAIN HOME, NC 28758
[phone] OFFICE
[phone] FAX
February 20, 2017
Surface Water Protection Section
Asheville Regional Office
2090 U.S. Highway 70
Swannanoa, NC 28778
/14)tot41 Vett/
RE: 143swd s Assisted Living WWTP
NPDES Permit No. NC0044.895k
Case Number: LV-20I7-0023
Dear Mr. Davidson,
RECEIVEDINCDEQIDVVR
FEB 27
Water Quality
Permitting Section
This letter is in response to the above NOV dated January 23, 2017 and received by James & James on or
about February 1, 2017. The violation was for the month of August, 2016.
This is a re i t of the Case Number LV-2017-0025.
Thank you for your attention to this matter.
With highest regards,
Please repeal.
/Vol),
i);gfell/
(;(1/
per01/771;

JUSTIFICATION FOR REMISSION REQUEST
Case Number: LV-2017-0023
Assessed Party: Mizpah Healthcare Lac/ Mountain View Assisted Living
Permit No.: NC0074110
County: Henderson
Amount Assessed: S929.12
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-282.1(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-282.1(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 (Le., 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 (Le., explain
how payment of the civil penalty will prevent you from performing the activities necessary to achieve
compliance).
EXPLANATION:
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STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
COUNTY OF HENDERSON
IN THE MATTER OF ASSESSMENT
OF -CIVIL PEN tTiA INST
Mizpah Healthcare Inc
Mountain View Assisted Living
PERMIT NO. NC0074110
WAVER OF RIGHT TO AN
ADMTNISTICATIVEREARINTGAND
STIPULATION OF FACTS
CASE NO. LV-2017-0023
Having been assessed civil penalties totaling $929.12 for violation(s) as set forth in the assessment document of the Division
of Water Resources dated January 20, 2017, 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
..PD4
day of
4542401
ADDRESS
,201'
James & James
aimumental Management, Inc.
3801 Asheville Highway
Hendersonville, N.C. 28791
[phone]
TELEPHONE
82�3-10/y-g►7J

JAMES & JAMES ENVIRONMENTAL MANAGEMENT, INC
PO BOX 519, MOUNTAIN HOME, NC 28758
[phone] OFFICE
[phone] FAX
February 28, 2017
Surface Water Protection Section
Asheville Regional Office
2090 U.S. Highway 70
Swannanoa, NC 28778
RE: Mountain View Assisted Living WWTP
NPDES Permit No. NC0074110
Case Numbet: LV-2017-0023
Dear Mr. Davidson,
This letter is in response to the above NOV for August, 2016 and received by James & James on or about
January 26, 2017. The violation was for the month of August, 2016.
James & James has been working with the owner with regard to the amount of grease entering the facility.
The owner reiterated with the kitchen staff the importance of discarding residual grease into a waste
receptacle. This site also has individual residents that have also been alerted to this situation. The owner
has installed a grease canister under the kitchen sink. We hope that these changes will make a permanent
change in the condition of the facility.
The operator has been adding aluminum sulfate to age the bacteria and has wasted to the digester on a
regular basis. We had the facility pumped of two loads and replaced with one load of seed to aid in this
process.
Thank you for your attention to this matter.
With highest regards,
0-014-60
Juanita James