NC0067342_NOVNOI2023PC0223 & CEI Report_20230613

Certified Mail # 7022 2410 0003 1436 9020
Return Receipt Requested

June 13, 2023

James Rice
Eaven Brice Partnership
329 Emma Rd
Asheville, NC 28806

SUBJECT: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY
Tracking Number: NOV-2023-PC-0223
Permit No. NC0067342
North View Mobile Home Park
Buncombe County

Dear Permittee:

The North Carolina Division of Water Resources conducted an inspection of the North View Mobile Home Park on
May 23, 2023. This inspection was conducted to verify that the facility is operating in compliance with the
conditions and limitations specified in NPDES WW Permit No. NC0067342. 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 _________________________________________________________________________________________________________________________________________________________________________
Permit The Permittee has not submitted a permit renewal application and the facility is illegally
discharging with an expired permit.
[NC0067342 Part II. Standard Conditions - Section B. 10. General Conditions –
Expiration of Permit - The Permittee is not authorized to discharge after the
expiration date. In order to receive automatic authorization to discharge beyond
the expiration date, the Permittee shall submit such information, forms, and fees
as are required by the agency authorized to issue permits no later than 180 days
prior to the expiration date unless permission for a later date has been granted by
the Director.]
_________________________________________________________________________________________________________________________________________________________________________

DocuSign Envelope ID: 1E7992F6-BFC1-4315-B37A-43EF6A65A9FD

_________________________________________________________________________________________________________________________________________________________________________
Equalization Basins The control panel for the equalization basin is broken, and there fore the floats and alarms are
not functioning as intended.
[NC0067342 Part II. Standard Conditions - Section C. 2. Proper Operation &
Maintenance - The Permittee shall at all times properly operate and maintain all
facilities and systems of treatment and control (and related appurtenances) which
are installed or used by the Permittee to achieve compliance with the conditions of
this permit.]
_________________________________________________________________________________________________________________________________________________________________________
Flow Measurement - Effluent The flow meter was fluctuating during the inspection and did not appear to be properly
working.
[NC0067342 Part II. Standard Conditions - Section D. 3. Flow Measurement -
Appropriate flow measurement devices and methods consistent with accepted
scientific practices shall be selected and used to ensure the accuracy and reliability
of measurements of the volume of monitored discharges.] _________________________________________________________________________________________________________________________________________________________________________
Effluent Sampling The aliquot amount was insufficient and the sampling location was not after all treatment
components. It could not be determined whether or not composite sampling was
flow-proportional. There was no thermometer in the composite sampling fridge.
[NC0067342 Part II. Standard Conditions - Section A. Definitions - Composite
Sample - A sample collected over a 24-hour period by continuous sampling or
combining grab samples of at least 100 mL in such a manner as to result in a total
sample representative of the wastewater discharge during the sample period.
(3) Variable time/constant volume - A series of grab samples of equal
volume collected over a 24-hour period with the time intervals between samples
determined by a preset number of gallons passing the sampling point. Flow
measurement between sample intervals shall be determined by use of a flow
recorder and totalizer, and the preset gallon interval between sample collection
fixed at no greater than 1/24 of the expected total daily flow at the treatment
system.] _________________________________________________________________________________________________________________________________________________________________________

In addition, the issues below must also be addressed:

Compliance Issues:

1. Digester: Decant lines for the digesters are currently hoses laying on the ground and hard lines
should be installed.

2. Flow Measurement - Effluent: A permanent staff gauge was not installed in order to verify flow.

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.
DocuSign Envelope ID: 1E7992F6-BFC1-4315-B37A-43EF6A65A9FD

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 Lauren Armeni with the Water Quality
Regional Operations Section in the Asheville Regional Office at 828-296-4667.

Sincerely,

Daniel Boss, Assistant Regional Supervisor
Water Quality Regional Operations Section
Asheville Regional Office
Division of Water Resources, NCDEQ

ATTACHMENTS: Inspection Report

Ec: Laserfiche
DocuSign Envelope ID: 1E7992F6-BFC1-4315-B37A-43EF6A65A9FD
EPA
United States Environmental Protection Agency
Washington, D.C. 20460
Water Compliance Inspection Report
Form Approved.
OMB No. 2040-0057
Approval expires 8-31-98
Section A: National Data System Coding (i.e., PCS)
Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type
1 N 52 NC0067342 23/05/23 C S31112171819 20
21 66
Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA ----------------------Reserved-------------------
N67707172 73 74 75 80
Section B: Facility Data
Name and Location of Facility Inspected (For Industrial Users discharging to POTW, also include
POTW name and NPDES permit Number)
North View Mobile Home Park
329 Emma Rd
Asheville NC 28806
Entry Time/Date Permit Effective Date
Exit Time/Date Permit Expiration Date
10:00AM 23/05/23 18/04/01
Name(s) of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s)
///
Other Facility Data
11:45AM 23/05/23 23/03/31
Name, Address of Responsible Official/Title/Phone and Fax Number
James Rice,329 Emma Rd Asheville NC 28806//828-253-0164/8282537803 Contacted
No
Section C: Areas Evaluated During Inspection (Check only those areas evaluated)
Permit Flow Measurement Operations & Maintenance Records/Reports
Self-Monitoring Program Sludge Handling Disposal Facility Site Review Effluent/Receiving Waters
Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary)
(See attachment summary)
Name(s) and Signature(s) of Inspector(s)Agency/Office/Phone and Fax Numbers Date
Lauren E Armeni DWR/ARO WQ/828-296-4500/
Daniel J Boss DWR/ARO WQ/828-296-4658/
Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date
EPA Form 3560-3 (Rev 9-94) Previous editions are obsolete.
Page#1
DocuSign Envelope ID: 1E7992F6-BFC1-4315-B37A-43EF6A65A9FD
6/12/2023
6/12/2023
6/12/2023
NPDES yr/mo/day
23/05/23
Inspection Type
C3111218
1
Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary)
Lauren Armeni and Dan Boss, with the Asheville Regional Office, conducted a Compliance Evaluation
Inspection of the North View Mobile Home Park WWTP on May 23, 2023. This inspection was
conducted to determine whether the facility is being operated and maintained in compliance with
NPDES Permit No. NC0067342. JoeDavid Hall (ORC, Environmental Inc.) was present and assisted in
the inspection.
The following items were noted during the inspection:
Permit: The Permittee has not submitted a permit renewal application that was due in September
2022. Because this renewal application has not been submitted, the facility is illegally discharging with
an expired permit.
There was an additional rectangular secondary clarifier installed at the facility, but it is not in use and
never has been. This clarifier is not listed in the permit components.
Equalization Basins: At the time of the inspection, the control panel that operates the floats and alarm
was not working. The equalization basin is currently being used as a digester and should be
converted back to an EQ basin in June 2023.
Digester: At the time of the inspection, there were multiple hoses laying on the ground. Mr. Hall
indicated that these hoses are used to decant the digesters. It is recommeded to install hard piping
for decanting the digesters.
Flow Measurement - Effluent: At the time of the inspection, the flow meter was greatly fluctuating,
reading between 6 GPM and 130 GPM. Mr Hall indicated that Mr. Jim Queen with Engineered
Systems Inc. had recently been out to calibrate the meter. It is recommended to have a different
company come out to recalibrate the flow meter to determine if something needs to be fixed or
replaced. Additionally, a staff gauge was not in place to verify flow, as previously recommended in the
2018 EPA Report.
Effluent Sampling: It was unable to be determined whether or not the effluent composite sampler was
set to flow-proportional. An aliquot was pulled during the inspection, and the volume was insufficient
at 75 mL. Each aliquot should be at least 100 mL. There was no thermometer in the composite
sampler fridge. The effluent sample is not being collected after all treatment components. The sample
tubing should be moved to after dechlorination.
According to NPDES Permit No. NC0067342, Section A. (1), Footnote #5, one of the weekly
composite sampling events must be initiated on Mondays and collected on Tuesdays, and it was
verified that this sampling regimen is occurring.
The following violations were noted during the inspection:
1. Permit: The Permittee has not submitted a permit renewal application and the facility is illegally
discharging with an expired permit.
2. Equalization Basins: The control panel for the equalization basin is broken, and therefore the floats
and alarm are not functioning as intended.
3. Flow Measurement - Effluent: The flow meter was fluctuating during the inspection and did not
appear to be properly working.
4. Effluent Sampling: The aliquot amount was insufficient and the sampling location was not after all
treatment components. It could not be determined whether or not composite sampling was
NC0067342 17 (Cont.)
Page#2
DocuSign Envelope ID: 1E7992F6-BFC1-4315-B37A-43EF6A65A9FD
Permit:NC0067342
Inspection Date:05/23/2023
Owner - Facility:
Inspection Type:
North View Mobile Home Park
Compliance Evaluation
flow-proportional. There was no thermometer in the composite sampling fridge.
The following compliance issues were noted during the inspection:
1. Digester: Decant lines for the digesters are currently hoses laying on the ground and hard lines
should be installed.
2. Flow Measurement - Effluent: A permanent staff gauge was not installed in order to verify flow.
Page#3
DocuSign Envelope ID: 1E7992F6-BFC1-4315-B37A-43EF6A65A9FD
Permit:NC0067342
Inspection Date:05/23/2023
Owner - Facility:
Inspection Type:
North View Mobile Home Park
Compliance Evaluation
Permit Yes No NA NE
(If the present permit expires in 6 months or less). Has the permittee submitted a new
application?
Is the facility as described in the permit?
# Are there any special conditions for the permit?
Is access to the plant site restricted to the general public?
Is the inspector granted access to all areas for inspection?
The permit expired on March 31, 2023 and a permit renewal application has not been
submitted. Mr. Hall indicated that he would contact the Owner about submitting one.
The facility has two digesters (three because the EQ basin is currently being used as a
digester), and the permit lists one sludge holding tank under the components. See
summary for details.
Comment:
Operations & Maintenance Yes No NA NE
Is the plant generally clean with acceptable housekeeping?
Does the facility analyze process control parameters, for ex: MLSS, MCRT, Settleable
Solids, pH, DO, Sludge Judge, and other that are applicable?
Process controls analyzed include settleable solids, pH, DO, and a sludge judge for the
clarifiers and chlorine contact basin. Per Section A. (3) of NPDES Permit No.
NC0067342, Process Control Reports must be submitted monthly, and all reports have
been submitted through April 2023.
Comment:
Record Keeping Yes No NA NE
Are records kept and maintained as required by the permit?
Is all required information readily available, complete and current?
Are all records maintained for 3 years (lab. reg. required 5 years)?
Are analytical results consistent with data reported on DMRs?
Is the chain-of-custody complete?
Dates, times and location of sampling
Name of individual performing the sampling
Results of analysis and calibration
Dates of analysis
Name of person performing analyses
Transported COCs
Are DMRs complete: do they include all permit parameters?
Has the facility submitted its annual compliance report to users and DWQ?
(If the facility is = or > 5 MGD permitted flow) Do they operate 24/7 with a certified
operator on each shift?
Page#4
DocuSign Envelope ID: 1E7992F6-BFC1-4315-B37A-43EF6A65A9FD
Permit:NC0067342
Inspection Date:05/23/2023
Owner - Facility:
Inspection Type:
North View Mobile Home Park
Compliance Evaluation
Record Keeping Yes No NA NE
Is the ORC visitation log available and current?
Is the ORC certified at grade equal to or higher than the facility classification?
Is the backup operator certified at one grade less or greater than the facility
classification?
Is a copy of the current NPDES permit available on site?
Facility has copy of previous year's Annual Report on file for review?
Comment:
Bar Screens Yes No NA NE
Type of bar screen
a.Manual
b.Mechanical
Are the bars adequately screening debris?
Is the screen free of excessive debris?
Is disposal of screening in compliance?
Is the unit in good condition?
The bar screen is raked daily. Debris from the bar screen is dried and then disposed of
in a trash can.
Comment:
Equalization Basins Yes No NA NE
Is the basin aerated?
Is the basin free of bypass lines or structures to the natural environment?
Is the basin free of excessive grease?
Are all pumps present?
Are all pumps operable?
Are float controls operable?
Are audible and visual alarms operable?
# Is basin size/volume adequate?
The EQ basin is currently being used as an aerated digester. The panel that controls
the floats and alarm does not work. The panel will be fixed or replaced. Mr. Hall said
the EQ basin was temporarily converted to a digester in March 2023, but that it will be
active as an EQ basin again around mid June. See summary for details
Comment:
Aeration Basins Yes No NA NE
Mode of operation Ext. Air
Page#5
DocuSign Envelope ID: 1E7992F6-BFC1-4315-B37A-43EF6A65A9FD
Permit:NC0067342
Inspection Date:05/23/2023
Owner - Facility:
Inspection Type:
North View Mobile Home Park
Compliance Evaluation
Aeration Basins Yes No NA NE
Type of aeration system Diffused
Is the basin free of dead spots?
Are surface aerators and mixers operational?
Are the diffusers operational?
Is the foam the proper color for the treatment process?
Does the foam cover less than 25% of the basin’s surface?
Is the DO level acceptable?
Is the DO level acceptable?(1.0 to 3.0 mg/l)
The blowers turn on every hour for fifteen minutes. Mr. Hall indicated that DO is usually
between 1 to 2 mg/L. There are two aeration basins on-site, and they are distinguished
by the old and new aeration basin. The new one is much larger than the old one. At the
time of the inspection, settleability was 55% in the new aeration basin and 32% in the
old aeration basin.
Comment:
Secondary Clarifier Yes No NA NE
Is the clarifier free of black and odorous wastewater?
Is the site free of excessive buildup of solids in center well of circular clarifier?
Are weirs level?
Is the site free of weir blockage?
Is the site free of evidence of short-circuiting?
Is scum removal adequate?
Is the site free of excessive floating sludge?
Is the drive unit operational?
Is the return rate acceptable (low turbulence)?
Is the overflow clear of excessive solids/pin floc?
Is the sludge blanket level acceptable? (Approximately ¼ of the sidewall depth)
The facility consists of an older rectangular secondary clarifier and a newer circular
secondary clarifier. At the time of the inspection, the sludge blanket was 1.5' in the 9'
rectangular clarifier, and 5.5' in the 9' circular clarifier. Mr. Hall indicated that flow from
both aeration basins first goes into the circular clarifier and then into the rectangular
clarifier, which could be why the sludge blanket is higher in the circular one. Sludge is
wasted from the clarifiers approximately three days a week.
Comment:
Aerobic Digester Yes No NA NE
Is the capacity adequate?
Is the mixing adequate?
Page#6
DocuSign Envelope ID: 1E7992F6-BFC1-4315-B37A-43EF6A65A9FD
Permit:NC0067342
Inspection Date:05/23/2023
Owner - Facility:
Inspection Type:
North View Mobile Home Park
Compliance Evaluation
Aerobic Digester Yes No NA NE
Is the site free of excessive foaming in the tank?
# Is the odor acceptable?
# Is tankage available for properly waste sludge?
There are three digesters used at the facility - the old digester, new digester, and the
EQ basin that was converted into a digester (will soon be used as an EQ basin again).
Mr. Hall indicated that sludge from the digesters is wasted in rotation, and decant from
the digesters goes back to the splitter box. See summary for details.
Comment:
Disinfection-Tablet Yes No NA NE
Are tablet chlorinators operational?
Are the tablets the proper size and type?
Number of tubes in use?1
Is the level of chlorine residual acceptable?
Is the contact chamber free of growth, or sludge buildup?
Is there chlorine residual prior to de-chlorination?
The 2018 EPA Report indicated that the chlorine contact chamber had noticeable
amounts of floating solids and debris. At the time of the inspection, there were no
floating solids and debris, but there was duck weed, and the sludge blanket level was
1.25' out of an 8' contact chamber. The old chlorine contact chamber is used as
needed. Sludge from the contact chamber returns to the aeration basins.
Comment:
De-chlorination Yes No NA NE
Type of system ?Tablet
Is the feed ratio proportional to chlorine amount (1 to 1)?
Is storage appropriate for cylinders?
# Is de-chlorination substance stored away from chlorine containers?
Comment:
Are the tablets the proper size and type?
Are tablet de-chlorinators operational?
Number of tubes in use?1
Comment:
Flow Measurement - Effluent Yes No NA NE
# Is flow meter used for reporting?
Is flow meter calibrated annually?
Is the flow meter operational?
Page#7
DocuSign Envelope ID: 1E7992F6-BFC1-4315-B37A-43EF6A65A9FD
Permit:NC0067342
Inspection Date:05/23/2023
Owner - Facility:
Inspection Type:
North View Mobile Home Park
Compliance Evaluation
Flow Measurement - Effluent Yes No NA NE
(If units are separated) Does the chart recorder match the flow meter?
The effluent flow meter was last calibrated on May 11, 2023 by Engineered Systems
Inc. Mr. Hall indicated that they had previously purchased a staff gauge, but he could
not find it during the inspection. The flow meter is operational; however, at the time of
the inspection, the flow measurement significantly fluctuated and was reading 6 GPM to
130 GPM. See summary for details.
Comment:
Effluent Pipe Yes No NA NE
Is right of way to the outfall properly maintained?
Are the receiving water free of foam other than trace amounts and other debris?
If effluent (diffuser pipes are required) are they operating properly?
Comment:
Effluent Sampling Yes No NA NE
Is composite sampling flow proportional?
Is sample collected below all treatment units?
Is proper volume collected?
Is the tubing clean?
# Is proper temperature set for sample storage (kept at less than or equal to 6.0
degrees Celsius)?
Is the facility sampling performed as required by the permit (frequency, sampling type
representative)?
At the time of the inspection, there was no thermometer inside the fridge of the
composite sampler. It could not be verified whether or not flow-proportional composite
sampling was being conducted. The sampler was pulling 75 mL per pulse and it should
be pulling at least 100 mL. See summary for details.
Comment:
Standby Power Yes No NA NE
Is automatically activated standby power available?
Is the generator tested by interrupting primary power source?
Is the generator tested under load?
Was generator tested & operational during the inspection?
Do the generator(s) have adequate capacity to operate the entire wastewater site?
Is there an emergency agreement with a fuel vendor for extended run on back-up
power?
Is the generator fuel level monitored?
Page#8
DocuSign Envelope ID: 1E7992F6-BFC1-4315-B37A-43EF6A65A9FD
Permit:NC0067342
Inspection Date:05/23/2023
Owner - Facility:
Inspection Type:
North View Mobile Home Park
Compliance Evaluation
Standby Power Yes No NA NE
There is no permanent generator at the facility. Mr. Hall indicated that if the power were
to go out, the well pump supplying water to the mobile homes would also not work, and
therefore no additional flow would go to the WWTP during this time.
Comment:
Page#9
DocuSign Envelope ID: 1E7992F6-BFC1-4315-B37A-43EF6A65A9FD