NC0000108_NOV2014OV0003_20150815

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NC®ENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Jim Kelley
New Excelsior Inc.
1379 Old Rosman Highway
Brevard, North Carolina 28712
Dear Mr. Kelley:
August 13, 2015
7014 0510 0000 4466 2213
Donald R. van der Vaart
Secretary
RECEIVEDIDENRID AIR
SEP - 3 2015
Water Quality
Permitting
Subject: Notice-of Violation and
Recommendation for Enforcement
Failure to Designate Grade II Certified Operator
Tracking #: NOV- 2015 -OV -0003
New Excelsior WWTP
NPDES Permit No. NC0000108
Transylvania County
The Asheville Regional Office has determined that the Operator in Responsible Charge (ORC) operating your
NPDES permitted facility does not have the appropriate certification for your Grade II facility. A Notice of
Violation and Notice of Recommendation for Enforcement (NOV/ NRE) is being issued to you for the
following violations:
1. Failure to designate an ORC of appropriate grade for your wastewater system: 15A NCAC
08G.0201 (I) requires the owner of a wastewater system to designate an ORC who possesses a
valid certification for the type and grade at least equivalent to the type and grade of the system.
Your wastewater system is a Grade II, therefore, an ORC of Grade II or higher is required. Your
current ORC, Shannon James, (Certification No. 10012.33) is only a Grade I certified operator;
and, -
2. Failure to designate an Operator in Responsible Charge (ORC) of appropriate grade for
your wastewater system: According to the standard conditions, Section C.1. of your NPDES
Permit No. NC0000108, you are required to designate an ORC of equivalent grade to or greater
than the designated grade of your system (i.e., Grade II).
Water Quality Regional Operations — Asheville Regional Office
2090 U.S. Highway 70, Swannanoa, North Carolina 28778
Phone: [phone] FAX: [phone]
Intemet: hftp: / /portal.ncdenr.org /webtwq
An Equal Opportunity/ Affirmative Action Employer

Mr. Jim Kelley
August 13, 2015
Page Two
Pursuant to 15A NCAC 08G .0201(3)(c), you are required to complete and submit a "Water Pollution Control
System ORC Designation" form designating the appropriately certified ORC and Backup ORC for your facility
within 7 days of vour receipt of this NOV/NRE. The original completed form is to be submitted to the
Raleigh address and a copy to this office.
Please respond in writine within ten (10) days after receipt of this Notice. A review of your response will be
considered. 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.
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 have questions concerning this matter, please do not hesitate to contact Janet Cantwell or me at 828/296-
4500.
Sincerely,
L'�2�
Landon Davidson, P.G., Regional Supervisor
Water Quality Regional Operations, NCDENR
Asheville Regional Office
Enclosure
cc: WQ Asheville Files
MSC 1617- Central Files- Basement
Technical Assistance & Certification Unit
WQ Enforcement/ NPDES Point Source Branch
James & James Environmental/ ORC
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