NC0071323_LV20150262_20151116

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North Carolina Department of Environmental Quality j
Pat McCrory Donald R. van der Vaart j
Governor Secretary
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Certified Mail#7014 0510 0000 4466 8758
Return Receipt Requested s
November 16,2015
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Mr. Thomas W.Kilpatrick
Etowah Sewer Company ,
�ECEIVEO/pEN(�pwR
O.Box 1659
Etowah,North Carolina 28729 NOV 2 U 2015
!Nater Quality
SUBJECT: Notice of Violation and Assessment of Civil Penalty,-, Permitting Section
for Violations of North Carolina General Statute(G.S.) 143-215.1(a)(6)
and NPDES Permit No.NCO071323
Etowah Sewer Company
Etowah Sewer Company WWTP
Case No. LV-2015-0262
Henderson County
Dear Permittee:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of$459.26 ($200.00 civil penalty+ `
$259.26 enforcement costs)against Etowah Sewer Company.
This assessment is based upon the following facts: a review has been,conducted of the discharge monitoring report(DMR)
submitted by Etowah Sewer-Company for the month of June 2015. This review has shown the subject facility to be in a
violation of the discharge limitations and/or monitoring requirements found in NPDES Permit No.NC0071323. The a
violations,which occurred in June 2015,are summarized in,Attachmen't A to this letter.
Based upon the above facts,I conclude as a matter of law' that Etowah'Sewer Company violated the terms,conditions or
requirements of NPDES Permit No.NCO071323 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). I
Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the Secretary
of the Department of Environmental Quality and the Director of the Division of Water Resources,1,G.Landon Davidson,
Regional Supervisor,Asheville Regional Office hereby make the following civil penalty assessment against Etowah Sewer
Company:
n
2090 U.S.70 Highway,Swannanoa,NC 28778
Phone:[phone]\Internet:www.nedenr.gov<http:i www.ncdenr.gov>
An Equal Opportunity\Affirmative Action Employer-Made in part by recycled paper

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$200.00 2 of the 2 violations of 143-215.1(a)(6)and NPDES Permit No.NC0071323,by discharging waste t
water into the waters of the State in violation of the Permit Daily Maximum for FEC COLI.
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$200.00 TOTAL CIVIL PENALTY
$259.26 Enforcement Costs s
$459.26 TOTAL AMOUNT DUE
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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-282.1(b),which are:
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(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;
(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; I
(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 Environmental Quality(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 276997-1617
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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 143B-282.1(b)was wrongfully
applied to the detriment of the petitioner;-
(2)
etitioner;(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.
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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 s
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.
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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:
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NPDES Compliance/Enforcement Unit
Division of Water Resources 1
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:
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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 t
should contact the Office of Administrative Hearings with all questions regarding the filing fee and/or the details of the '
filingprocess.
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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 a
Raleigh;NC 27699-6714
Tel: [phone]
Fax: [phone],
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One(1)-c9py of the petition must also be served on DEQ as follows:
Mr. Sam M.Hayes, General Counsel
Department of Environmental Quality
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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If you have any questions,please contact Janet Cantwell with the Division of Water Resources staff of the Asheville
Regional Office at(828)296-4667 or via email [e-mail].
-Sincerely, -
_::
andon Davidson, Regional Supervisor
Water Quality-Regional Operations Section
Asheville:Regional Office '
Division of..Water Resources;N•CDEQ
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ATTACHMENTS
Cc: WQS Asheville Regional Office-Enforcement File (w/attachments)
NI MES_Cornpliance/Enforcement unit_Enforcement File. (w/attachments) �
Central Files,Water Quality Section (w/attachments)
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G WR•WQ\HenAersun`Avastawafcr\1Lnrn;E;nwahSewer 71323•.Lb-2W-0262«f
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JUSTIFICATION FOR REMISSION REQUEST
Case Number: LV-2015-0262 County: Henderson
Assessed Party: Etowah Sewer.Company
Permit No.: NC0071323 Amount Assessed: $459.26
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. 6'143B-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:

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
COUNTY OF HENDERSON
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IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
ETOWAH SEWER COMPANY )
ETOWAH SEWER COMPANY WWTP )
PERMIT NO.NCO071323 ) CASE NO. LV-2015-0262
Having been assessed civil penalties totaling$459.26 for violation(s)as set forth in the assessment document of the'Division
of Water Resources dated November 16,2015,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
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TELEPHONE

ATTACHMENT A
Etowah Sewer Company
CASE NUMBER: LV-2015-0262
PERMIT: NC0071323 FACILITY: Etowah Sewer Company 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 6-2015 001 Effluent FEC COLI 6/11/15 Weekly #/100ml 400 540 35.0 Daily Maximum Exceeded
$100.00 6-2015 001 Effluent FEC COLI 6/25/15 Weekly #/100ml 400 520 30.0 Daily Maximum Exceeded
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. DIVISION OF WATER RESOURCES- CIVIL PENALTY ASSESSMENT (FILE)
Violator: Etowah Sewer Company i
Facility Name: Etowah Sewer Company WWTP _
Permit Number: NC0071323
County: Henderson
Case Number: LV-2015-0262
ASSESSMENT FACTORS
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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;
Two Daily Max Fecal Coliforms exceeded the permit limit by 35%and 30%.
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 to check the
E chlorine tubes and keep the tubes clear and in working order. .
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 has been one civil penalty assessment in the past twelve months.
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8) The cost to the State of the enforcement procedures.
$259.26.
Date G.Landon Davidson,Regional Supervisor
Water Quality Regional Operations Section
Asheville Regional Office
Division of Water Resources,NCDEQ

EFFLUENT
NPDES PERMIT NO. NCO071323 DISCHARGE NO. 1 MONTH JUNE YEAR 2015
FACILITY NAME ETOWAH SEWER COMPANY CLASS II COIJNTYHenderson
CERTIFIED LABORATORY(1)_Environmental Testing i
(list additional laboratories on the backside/page 2 of this firm)
OPERATOR IN RESPONSIBLE CHARGE-(OF TOM KILPATRICK GRADE. 4 CERTIFICATION NO 1 5983 !
i
PERSON(S),COLLECTING SAMPL VINCENT EDWARDS O R C PHO 828-243-178411'''' {
OW/DISCHARGEFROI [T!E" !� !
CHECK BOX IF ORC HAS CHANGE 3
Mail ORIGINAL and ONE COPY to: u, „
ATIN:CEN7RALFILES q��( �� �O X _•�. ,?
DIVISION OFWATERQUALI'IY1' l3 v (S FOPERA NSIBLECHARGE) DATE -
1617 MAILSERVICE CENTER BY THIS SIGNATURE,I CERTIFY THAT THIS REPORT IS
RALEIGH,NC 27699-1617 ACCURATE AND COMPLETE TO THE BEST bEr&KNOWLEDGE
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m 50050 00010 00400 50060 1 003101'00610 00530 1 3 00300 00600 Lqqk§s 00630 1 00625 1 1l
F E " FLOW w Q Z p y ENTER PARAMETER CODE ABOVE NAME AND
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UNITS BELOW F
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HRS HR5 Y/B/Nl MGD 0C ; UNITS .UG/L MG/L. MG/L MG/L #/100NL MG/L. 'MG/L MG/L 'MG/L MG/L
1: SAS U:¢:::B::• :::::.77::::;:::,:is Pi:::::::..:.:::::..:':•:::::.::::.: ::::-.:::.:::::: ::::::: :.:'.::::::.::::::::::::.; ::;':.:.::.::::.:::: :::::::::.:::::.::::::::::.:'•:..::::::..::.:.:...:.:.:..:::.:.:.....:.
2 6:20 0.4 B 0.061
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4 8.10, 0.8 B 006, 20 , 7.45 '28 9.8 7.2 7.4 1
61 0.072
8 8:35 0:5 : B 0.072 "' " "'
10 7:00 0.5 B 0.074
7777
11:`>:7iS€I`b.3`•:�$:'�:''dDSS�`�' :::::::::::: .:::::i::i:::�•�i'28!f.::::;:::�5 E:E:°•�§ES:E°:�:::i2�::°6: °�iS`.#0., .::....::::. .. :.:::.:::E:s:'E:'::•'.•i;: �;�::..
12 6.15 0.4 B 1.107 20 7.2 <28 ,•
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141 0.052 -
� 0 0.4:.. .: :. ;:': .
4 07 ` 50:
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16 6.3504' .6 " 0.053 - � •' "- � - "'
18 7:40 0.5 B 0 099 20 7.4 <28 1 12 9.9 18 54 1
201 0.067
22 640 0.4 B 0.067 0 O�
24 6.45 0.5 B 0054
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25 :�:a5�0:4 t�.;::::0>4�4:•:::::2Z:::::.�•�:::7:5:::.:•���&�:::. .:::12::.::::�:1�:'::'..�5�:::::
26 6:40 0.4 B 0.057 v 28
2 .4g:
28 006
$4 ::625 4<6-::g':.:':4:05:::: ::::::::::::::.:::' :...:..:.:-•••::.:::.. ......:.:• :::::'.:;::'�':�:.:.:::::::::- :�::::::.:::.:::..::'�::.: .:.:::.:..::'!. �::::.:...:.::.........:......:.:.:..-•�.�:...:.:.:.:..:.:.:...:.::...:.
30 6:3010.41 B 0.054 -
i777
AVERAGE 0.099 20.5 <28 ''12.2 10.2�' 13.35 31.359 #DIV/0!' ###### ###### ###### ######
:..•1�2tuytuR�:..::'�:•:1s44?•:• ::•22::::•:::::�:7:�•:::.:�::�&::::::::::::1�•,.,:.:...1�:... ....�3.::::::�S�Q..... ... ..... ...� .....Q .....D ... .. ...... .............
MINIMUM 0.052 20 7.2-. -28 .'" 9,8. '7.2 5 1 0 0 0 0 0;.
Gac"?P:iL3:(�Gra1f:(� Ci'•':•�•�:::::= Cs:-••:•::.:.:.�L`i-.•.:.;.,.,..:• :-::..:..G•:•:�:..G....:.• �:•::::::::0::::;�E::::::�:'::.:':f�:��E C:�: .... ......Monthly Limit 125MGD6.0-90 28 30 30 200/
��i� /✓6V- zoite�.v1 Q S � � v- Z9�j--oz�z
DWQ orm MR-1(11/04)

Facility Status: (Please check one of the fallowing)
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" All monitoring data and sampling frequencies meet pd�rznit requirements
-- - _ - (including weekly averages,if applicable)
Compliant r
All monitoring data and sampling frequencies do NOT melt permit requirements 4
Noncompliant
The permittee shall report to the Director or the appropriate Regional Office any noncompliance that potentially
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threatens public health or the,environment., Any information shall be provided;orallywithin 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
permiftee becomes aware of the circumstances.
If the,facility is noncompliant,please attach a list of corrective.adions being taken and a time-table for a
.-improvements to be made as required by Part H.E.6.of.the NPDESpermit. j
"I certify,under penalty of law,that this document and all attachments were prepared under my direction or supervision ,i 1
in accordance'with a system designed to assure that qualified personnel properly gather and evaluate-the information= _
submitted. Based on m inquiry of the person or ersonstwho man ed the s tem or those persons directl res _onsible
YP P_ .ag Y P Y. P
for gathering the;information,the information submitted,`is,to the best of my knowledge and belief,true;accurate,and- a
complete.'I and aware that'there are significant penalties.for submitting false information,including the possibi ity-of 4
fines and:imprisoriment for knowing violations."
-. ETOWAH-SEWER CONIPAiv i,INC.
KEYIN,GRIFF�N,PRESIDENT
Permittee (Pleose print or type)
TOIV X L-PA`TIRICF b' Authority
Signature-of Pe ittee*** Date'
(Required unless submitted electronically)
:pt0 Bo�c X659 Eto ahyNG 28729 ..,,..828-243-1784;, - tomkil atrick7� mail.com-.
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Permittf Address Phone Number e-nWl-address -' Permit Expiration Date
t, `-ADDITIONAL CERTIFIED LABORATORIES
Certified Laboratory9(2�) ~ j, Certification No.
Certified Laboratory(3) ='r? •..-._ .. r _ ...., Certification No.
Certified Laborat �4)
_ Cettification No.
Certified Laborato 5)�''' - t„
_ ry-(� _ Certification No.
- _ ...._ TE Oma►
PARAME R`C DES
-Parameter Code assistance maybe obtained by calling the NPDES unit•at(919)733-5083 or by visiting the Surface
Water Protection SectiorN web site at h2o:enr.state.nc.us/was and linking to'tlte unit's information pages.
y
,Use only units of measurement designated in the reporting facility's NPDES permit fori;reporting data.
* No Flow/Discharge From Site:- Check this box if no discliarge occurs and,as a result,there are no-data to be
entered for all of the parameters on the bivlR'for the,entire monitoring period.
** ORC On Site?: ORC must visit facility and document visita6i!*d facility as required per 15A NCAC 8G.0204.
***Signature of Permittee: If signed by other than the perfi tge;then the delegation0the signatory autli046•must be on - s
file wthe.state.per�-S.A-_�ICA'g2B .0506(b)�(2),(D)• - .,�: - r . .�t ;'� o ;''�;
ig
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6/15/2015
ATTN.CENTRAL FILES -j
DIVISION OF WATER QULITY
1617 MAIL SERVICE CENTER I
RALEIGH, NC, 27699-1617 y
Subject:Non-Compliance
JUNE 2015
ETOWAH SEWER COMPANY NPDES#NC0071323
Dear Sir or Madam;
Etowah Sewer Company(NC0071323)was in Non-Compliance for a weekly Fecal on June 111H
and the 25th,after investigating the problem I found that the Chlorine tablets was getting lodge in the !
chlorine tube.To correct the problem I visually inspect the chlorine tube daily to make sure the chlorine
tablets are making contact with the effluent.
If you have any question or require additional information, please feel free to contact me at
[phone]. I
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Sinc r ly, ;•�
incent Edwards 1
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Permit Enforcement History Details by Owner
11/1212015
1
Owner: Etowah Sewer Company
Facility: Etowah Sewer Company WWTP
Permit: NCO071323
Region: ' Asheville County Henderson
Penalty Remission Enf Enf EMC EMC OAH Collection Has
Assessment Penalty Enforcement Request Conf Remission Hearing Remission Remission MemoSent Total Balance Pmt Case
Case MR Approved Damages Received Held Amount Held Amount Amount To AGO Plan Closed
PP Amount Costs Paid Due
Number
LV-1998-0060 8/14/98 $1,000.00 $15083 9/11/98 12/8/98 $0 $1,150.83 $0.00 No 1/22/99
-LV-1998-0157 10/16/98 $1,000.00 $15083 11/18/98 12/8/98 $0 4/8/99 $1,150.83 $000 No 4/7/99
LV-2000-0349 8/21/00 $1,000.00 $123.54 $1,123.54 $000 No 9/6/00
LV-2001-0468 11/5/01 $2,500.00 $122.04 12/5/01 2/6/02 $2622 $0.00 No 2/6/02
LV-2003-0086 2/7/03 $250.00 $100.00 $350.00 $0.00 No 3/7/03
LV-2015-0110 4-2015 7/17/15 $10000 $159.26 $259.26 $000 No 8/4/15
Total Cases. 6 Total Penalty Amount $5,850 Total Enforcement Cost. $806.50 Sum Of Total Paid. $4,03446 Total Balance Due: $0.00
Sum of Total Case Penalties: $6,65650 Total Penalties After Remissions, $4,034.46
.-.�_r,�_r-,,,T...r:,.,,-w-cruu�s,�._.:.,..a-�xuca,�c�•--.-.._._:,___..._.........,_,._..m._-....-._.�.....__..,.._--�ss„s.,-- - - -- -.....�.�:- -- -•__..... -- ---- ,-�¢..,._. .-..�-.. --••-•------ —•--