NC0071897_Enforcement Letters_ 20150720

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anEN t
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
Certified Mail # 7014 0510 0000 4466 2152
Return Receipt Requested
July 20, 2015
Robert Crummie
Mizpah Healthcare Inc
PO Box 999
Mountain Home, NC 28758-0999
SUBJECT: Notice of Violation and Assessment of Civil Penalty
for Violations of North Carolina General Statute (G.S.) 143 -215. 1 (a)(6)
and NPDES Permit No. NCO071897
Mizpah Healthcare Inc
Henderson's Assisted Living W WTP
Case No. LV-2015-0114
Henderson County
Dear Permittee:
Donald R van der Vaart
Secretary
RECEIVED/DENR/DWR
01
JUL 2 4 2015
Water Quality
Permitting Swoon
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $509.26 ($350.00 civil penalty
+ $159.26 enforcement costs) against Mizpah Healthcare Inc.
This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report
(DMR) submitted by Mizpah Healthcare Inc for the month of March 2015. This review has shown the subject facility to
be in violation of the discharge limitations and/or monitoring requirements found in NPDES Permit No. NC0071897.
The violations, which occurred in March 2015, are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that Mizpah Healthcare Inc violated the terms, conditions or
requirements of NPDES Permit No. NCO071897 and G.S. 143-215.1(a)(6) in the manner and extent shown in
Attachment A. In accordance with the maximums established by G.S. 143-215.6A(a)(2), a civil penalty may be
assessed against any person who violates the terms, conditions or requirements of a permit required by G.S.
143-215.1(a).
Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the
Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water
Resources, I, G. Landon Davidson, Regional Supervisor, Asheville Regional Office hereby make the following civil
penalty assessment against Mizpah Healthcare Inc:
2090 U.S. 70 Highway, Swannanoa, NC 28778
Phone: [phone] \ Internet: www.ncdenr.gov <http://www.ncdenr.gov>
An Equal opportunity `. Affirmative Action Employer - Made in part by recycled paper

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100.00 1 of the 1 violations of 143-215.1(a)(6) and NPDES Permit No.NC0071897, by discharging
waste water into the waters of the State in violation of the Permit Daily Maximum for BOD -
Conc.
250.00 1 of the 1 violations of 143-215.1(a)(6) and NPDES Permit No.NC0071897, by discharging
waste water into the waters of the State in violation of the Permit Monthly Average for BOD -
Conc.
350.00 TOTAL CIVIL PENALTY
159.26 Enforcement Costs
509.26 TOTAL AMOUNT DUE
Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into account the Findings of Fact
and Conclusions of Law and the factors set forth at G.S. 143B-282. I (b), which are:
(1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property
resulting frgm.the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs over which the Environmental
Management Commission has regulatory authority; and
(8) The cost to the State of the enforcement procedures.
Within thirty (30) days of receipt of this notice, you must do one of the following:
(1) Submit payment of the penalty, OR
(2) Submit a written request for remission, OR
(3) Submit a written request for an administrative hearing
Option 1: Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environment and Natural Resources (do not
include waiver form). Payment of the penalty will not foreclose further enforcement action for any continuing or
new violation(s). Please submit payment to the attention of.
NPDES Compliance/Enforcement Unit
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
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Option 2: Submit a written request for remission or mitigation including a detailed justification for such
request:
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. Because a remission request forecloses the option of an administrative
hearing, such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation
and agreement that no factual or legal issues are in dispute. Please prepare a detailed statement that establishes why
you believe the civil penalty should be remitted, and submit it to the Division of Water Resources at the address listed
below. In determining whether a remission request will be approved, the following factors shall be considered:
(1) whether one or more of the civil penalty assessment factors in NCGS 14313-282.1(b) was wrongfully
applied to the detriment of the petitioner;
(2) whether the violator promptly abated continuing environmental damage resulting from the violation;
(3) whether the violation was inadvertent or a result of an accident;
(4) whether the violator had been assessed civil penalties for any previous violations; or
(5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions.
Please note that all evidence presented in support of your request for remission must be submitted in writing. The
Director of the Division of the Division of Water Resources will review your evidence and inform you of his decision
in the matter of your remission request. The response will provide details regarding the case status, directions for
payment, and provision for further appeal of the penalty to the Environmental Management Commission's Committee
on Civil Penalty Remissions (Committee). Please be advised that the Committee cannot consider information that
was not part of the original remission request considered by the Director. Therefore, it is very important that you
prepare a complete and thorough statement in support of your request for remission.
In order to request remission, You must complete and submit the enclosed "Request for Remission of Civil Penalties.
Waiver of Right to an Administrative Hearing. and Stipulation of Facts" form within thirty (30) days of receipt of this
notice. The Division of Water Resources also requests that you complete and submit the enclosed "Justification for
Remission Request."
Both forms should be submitted to the following address:
NPDES Compliance/Enforcement Unit
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
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Option 3: File a petition for an administrative hearing with the Office of Administrative Hearings:
If you wish to contest any statement in the attached assessment document you must file a petition for an
administrative hearing. You may obtain the petition form from the Office of Administrative Hearings. You must file
the petition with the Office of Administrative Hearings within thirty (30) days of receipt of this notice. A petition is
considered filed when it is received in the Office of Administrative Hearings during normal office hours. The Office of
Administrative Hearings accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m.,
except for official state holidays. The petition may be filed by facsimile (fax) or electronic mail by an attached file
(with restrictions) - provided the signed original, one (1) copy and a filing fee (if a filing fee is required by NCGS
§150B-23.2) is received in the Office of Administrative Hearings within seven (7) business days following the faxed
or electronic transmission. You should contact the Office of Administrative Headas with all questions regarding the
filing fee and/or the details of the filing process.
The mailing address and telephone and fax numbers for the Office of Administrative Hearings are as follows:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Tel: [phone]
Fax: [phone]
One (1) copy of the petition must also be served on DENR as follows:
Mr. Sam M. Hayes, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, North Carolina 27699-1601
Please indicate the case number (as found on page one of this letter) on the petition.
Failure to exercise one of the options above within thirty (30) days of receipt of this letter, as evidenced by an internal
date/time received stamp (not a postmark), will result in this matter being referred to the Attorney General's Office for
collection of the penalty through a civil action. Please be advised that additional penalties may be assessed for violations
that occur after the review period of this assessment.
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r If you have any questions, please contact Janet Cantwell with the Division of Water Resources staff of the Asheville
Regional Office at (828) 2964667 or via email at [e-mail].
Sincerely,
for S. Jay Zimmerman, P.G.
Director, Division of Water Resources, NCDENR
By G. Landon Davidson, Regional Supervisor
Water Quality Regional Operations Section
Asheville Regional Office
Division of Water Resources, NCDENR
ATTACHMENTS
Cc: WQS Asheville Regional Office - Enforcement File (w/attachments)
NPDES Compliance/Enforcement Unit - Enforcement File (w/attachments)
Central Files, Water Quality Section (w/attachments)
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JUSTIFICATION FOR REMISSION REQUEST
Case Number: LV-2015-0114 County: Henderson
Assessed Party: Mizpah Healthcare Inc
Permit No.: NC0071897 Amount Assessed: $509.26
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 (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:

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STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
COUNTY OF HENDERSON
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
Mizpah Healthcare Inc )
Henderson's Assisted Living WWTP )
PERMIT NO. NCO071897 ) CASE NO. LV-2015-0114
Having been assessed civil penalties totaling $509.26 for violation(s) as set forth in the assessment document of the
Division of Water Resources dated July 20, 2015, 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 of 20.
SIGNATURE
ADDRESS
TELEPHONE

ATTACHMENT A
Mizpah Healthcare Inc
CASE NUMBER: LV-2015-0114
PERMIT: NCO071897 FACILITY: Henderson's Assisted Living WWTP COUNTY: Henderson REGION: Asheville
Limit Violations
MONITORING
OUTFALL /
VIOLATION
UNIT OF
CALCULATED
% OVER
PENALTY REPORT
PPI LOCATION PARAMETER
DATE FREQUENCY
MEASURE
LIMIT VALUE
LIMIT VIOLATION TYPE
$100.00 3-2015 001 Effluent BOD - Conc 3/18/15 Weekly mg/I 15 44.90 199.3 Daily Maximum Exceeded
$250.00 3-2015 001 Effluent BOD - Conc 3/31/15 Weekly mg/l 10 14.80 47.8 Monthly Average Exceeded

DIVISION OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT (FILE)
Violator: Henderson's Assisted Livina / NCW71897
(March 2015 DMR)
County: Henderson
Case Number: LV-2015-0114
8 ASSESSMENT FACTORS
As required by G.S.143-214.6A(c), in determining the amount of the penalty I considered the factors
set out in G.S.143B-282.1(b), which are:
1) The degree and extent of harm to the natural resources of the State, to the public health, or to
private property resulting from the violation;
All effluent violations may be detrimental to the receiving stream but may not
be immediately quantified.
2) The duration and gravity of the violation;
One Daily Max BOD exceeded the permit limit by 199.33%.
One Monthly Average BOD exceeded the permit limit by 47.81%.
3) The effect on ground or surface water quantity or quality or on air quality,
All effluent violations may be detrimental to the receiving stream but may not
be immediately quantified.
4) The cost of rectifying the damage;
The cost is unknown.
5) The amount of money saved by noncompliance;
The amount of money saved would include the cost of excess solids removal
and additional aeration. it would also include more operating and maintenance
time on site and the cost of additional chemical treatment.
6) Whether the violation was committed willfully or intentionally;
It does not appear to be either.
7) The prior record of the violator in complying or failing to comply with programs over which
the Environmental Management Commission has regulatory authority; and
There have been no civil penalty enforcements in the twelve months prior to
this violation.
8) The cost to the State of the enforcement procedures.
$159.26.
Date
07/20/2015
G. Landon Davidson, Regional Supervisor
Water Quality Regional Operations Section
Asheville Regional Office, NCDENR

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NHDES PERMIT NO. NC0071897 DISCHARGE NO. 001 MONTH MARCH YEAR 2015
FACILITY NAME HENDERSON'S ASSISTED LIVING CLASS 11 COUNTY HENDERSON
CERTIFIED LABORATORY (1) JAMES i JAMES ENVIRONMENTAL MGT., INC. CERTIFICATION NO. 482
(fiat additional laboratories on the backsidelpage 2 of this form)
OPERATOR IN RESPONSIBLE CHARGE (ORC) KENNETH JASON RUMMEL GRADE II CERTIFICATION NO. ' 994182
PERSON(S) COLLECTING SAMPLES KENNETH JASON RUMMEL ORC PHONE [phone]
CHECK BOX IF ORC HAS CHANGED
Mail ORIGINAL and ONE COPY to:
ATTN: CENTRAL FUM
DIMION OF WATER QUALITY
1617 MAH. SERVICE CENTER
RALEIGH NC 2709-1617
BY TMS SIGNATURE, I CERTIFY THAT TEn REPORT 13
ACCURATE AND COMPLETE TO THE BUT OF MY KNOWLEDGE.
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11�-_----
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Facility Status: (Please check one of the following)
All monitoring data and sampling frequencies meet permit requirements
(including weekly averages, if applicable) Ej
Compliant
All monitoring data and sampling frequencies do NOT meet permit requirements
x
Noncompliant
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 IOLE.6 of
the NPDES permit a
"I 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 pal 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."
HENDERSON'S ASSISTED LIVING
Pemutt a (Please print or type)
Date
electronically)
4/20/2015
602 BROOKSIDE CAMP RD HENDERSONVILLE,NC 28792 82"97-0063 11-30-15
rarittee Addrw Phone Number e-mea address Pamir Data
ADDITIONAL CERTIFIED LABORATORIES
Certified Laboratory (2) ` Certification No.
Certified Laboratory (3) Certification No.
Certified Laboratory (4) Certification No.
Certified Laboratory (5) Certification No.
PARAMETER CODES
Parameter Code assistance may be 6btdm6d by calling the NPDES Unit at [phone] or by visiting httpJ/portal.ncdm.orgtwebtwq/swp/ps/npdes/appforms.
Use only units of measurement designated in the reporting facility's NPDES permit for reporting data -
* No Flow/Discharge From SWL—Check Iiis box if no discharge occurs and, as a result, there are no data to be
entered for all of the parameters on the D1AR for the entire monitoring period
** ORC On Site?: ORC must visit, rhty land document visitation of facility as required per 15A NCAC 8G .0204.
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**' Signature of Permittee: higned by 4er than the permittee, then the delegation of the signatory authority must be on
file with the state per 15A NCAC 2B -.0506(b)(2)(D).
... n '4.

JAMES & JAM ES ENVIRONMENTAL MANAGEMENT, INC
PO BOX 1354, MOUNTAIN HOME, NC 28758
[phone] OFFICE
[phone] FAX
March 2015 - DMR
Client: Henderson's Assisted Living
NPDES PERMIT NUMBER: NCO071897
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:
BOD >44.5 mg/l daily max
This gave a daily maximum violation on one day and did not give a monthly violation. We
determined that the cause of the violation was due to a faulty time clock not turning to the proper time as
set. The clock would get stuck in the off position. The time clock was changed and the facility regained
compliance.
matter.
You may receive a monetary fine for this month. Thank you for your understanding in this
Thank you for choosing James & James as your service co
to James