NC0067342_PC-2015-0031_20151216

PAT MCCRORY
Governor
DONALD R. VAN DER VAART
Secretary
S. JAY ZIMMERMAN
Water Resources
ENVIRONMENTAL QUALITY
December 16, 2015
CERTIFIED MAIL 7013 2630 0001 8998 4186
RETURN RECEIPT REQUESTED
Mr. James Rice
Eaven Brice Partnership
325 Emma Road
Asheville, NC 28806
SUBJECT: Retraction and Reassessment of Civil Penalty Assessment
NPDES Permit NCO067342
Eaven Brice Partnership — North View Mobile Home Park WWTP
Case Number PC-2015-0031
Buncombe County
Dear Mr. Rice:
Director
On September 9, 2015, the Division of Water Resources assessed a penalty in the amount of
$26,327.67 against Eaven Brice Partnership for violations of the subject NPDES permit. Since the
time of that action, it has come to the attention of the Division that factual errors were inadvertently
incorporated into the assessment document. While the Division does not find these errors significantly
alter the primary contentions of its case, they nevertheless may inject an element of confusion into the
entire matter. Therefore, the Division of Water Resources herewith retracts the civil penalty
assessment in case PC-2015-0031.
Enclosed please find a revised civil penalty assessment identified as case PC-2015-0048, following a
reexamination of the facts in this matter.
This letter transmits notice of a civil penalty assessed against Eaven Brice Partnership in the amount of
$25,377.67, including $927.67 in enforcement costs.
Attached is a copy of the assessment document explaining this penalty. This action was taken under
the authority vested in me pursuant to delegation provided by the Secretary of the Department of
Environment and Natural Resources. Any continuing violation(s) may be the subject of a new
enforcement action, including an additional penalty.
Within thirty days of receipt of this notice, you must do one of the following:
State of North Carolina I Environmental Quality I Water Resources
1611 Mail Service Center I Raleigh, North Carolina 27699-1611
919 707 9000

PC-2015-0031 Retraction/PC-2015-0048 Reassessment
Eaven Brice Partnership
p. 2
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.
Wastewater Branch—Attention: Ms. Wren Thedford
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
OR
2. Submit a written request for remission 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.I(b) were
wrongfully applied to the detriment of the violator;
(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 has 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.

PC-2015-0031 Retraction/PC-2015-0048 Reassessment
Eaven Brice Partnership
p. 3
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:
Wastewater Branch
Division of Water Resources
1617 Mail Service Center
Raleigh, NC 27699-1617
No
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 original and one (1) copy of the petition must be filed with the Office of Administrative
Hearings. The petition may be faxed - provided the original and one copy of the document is received
in the Office of Administrative Hearings within five (5) business days following the faxed
transmission. The mailing address for the Office of Administrative Hearings is:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Telephone [phone] Facsimile: [phone]
Mail or hand -deliver a copy of the petition to each person listed below:
Mr. Sam M. Hayes, General Counsel Mr. Bob Sledge
Department of Environment and Natural Resources DWR Wastewater Branch
1601 Mail Service Center 1617 Mail Service Center
Raleigh, North Carolina 27699-1601 Raleigh, North Carolina 27699-1617
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.

PC-2015-0031 Retraction/PC-2015-0048 Reassessment
Eaven Brice Partnership
p. 4
The Division of Water Resources regrets any inconvenience this may have caused. If you have any
questions about this matter, please contact Bob Sledge at [phone], or via email at
bob. [e-mail].
;erely,
c
2e
John E. Hennessy, 7ervisor
Compliance & Expedited Permitting Unit
Division of Water Resources
Attachments
cc: Asheville Regional Office — WQ Regional Operations Section
NPDES Unit - Enforcement File
Attorney General's Office — Anita LeVeaux
DEQ General Counsel's Office — Craig A. Bromby
Central Files

STATE OF NORTH CAROLINA
COUNTY OF BUNCOMBE
IN THE MATTER OF
EAVEN BRICE PARTNERSHIP
FOR VIOLATIONS OF:
NPDES PERMIT NC0067342
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENTAL QUALITY
File No. PC-2015-0048
FINDINGS AND DECISIONS
AND ASSESSMENT OF
CIVIL PENALTIES
Acting pursuant to delegation provided by the Secretary of the Department of Environmental
Quality and the Director of the Division of Water Resources, I, John E. Hennessy, Compliance &
Expedited Permitting Unit Supervisor in the Water Quality Permitting Section of the Division of
Water Resources (DWR) make the following:
I. FINDINGS OF FACT:
A. Eaven Brice Partnership is a general partnership lawfully conducting business in the State
of North Carolina.
B. Eaven Brice Partnership operates the 0.032 MGD Northview Mobile Home Park
Wastewater Treatment Plant located off Northview Park Road, northwest of Weaverville,
in Buncombe County, North Carolina.
C. Eaven Brice Partnership was issued NPDES Permit NC0067342 on October 25, 2010
(effective December 1, 2010, with an expiration date of October 31, 2015) for the
treatment of wastewater at the Northview Mobile Home Park, and the discharge of
treated wastewater to Flat Creek, class C waters of the State in the French Broad River
Basin.
D. Part I, Section A. (L) of NPDES Permit NC0067342 requires the facility to conduct
continuous flow monitoring at the Northview Mobile Home Park WWTP.
E. Part II, Section A (Definitions) of NPDES Permit NC0067342 defines "continuous flow
monitoring" as:
Flow monitoring that occurs without interruption throughout the operating
hours of the facility. Flow shall be monitored continually except for the
infrequent times when there may be no flow or for infrequent maintenance
activities on the flow device.
F. Part I, Section A. (L) of NPDES Permit NC0067342 requires the facility to collect
composite samples for Biochemical Oxygen Demand, Total Suspended Solids and
Ammonia -Nitrogen.

Eaven Brice Partnership
PC-2015-0048, p. 2
G. Part II, Section A (Definitions) of NPDES Permit NC0067342 defines "composite
sample" as:
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. The
Director may designate the most appropriate method (specific number and size
of aliquots necessary, the time interval between grab samples, etc.) on a case -
by -case basis. Samples may be collected manually or automatically. Composite
samples may be obtained by the following methods:
(1) Continuous: a single, continuous sample collected over a 24-hour period
proportional to the rate of flow.
(2) Constant time/variable volume: a series of grab samples collected at equal
time intervals over a 24 hour period of discharge and combined proportional to
the rate of flow measured at the time of individual sample collection, or
(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, or
(4) Constant time/constant volume: a series of grab samples of equal volume
collected over a 24-hour period at a constant time interval. Use of this method
requires prior approval by the Director. This method may only be used in
situations where effluent flow rates vary less than 15 percent. The following
restrictions also apply:
> Influent and effluent grab samples shall be of equal size and of no less than
100 milliliters
> Influent samples shall not be collected more than once per hour.
> Permittees with wastewater treatment systems whose detention time < 24
hours shall collect effluent grab samples at intervals of no greater than 20
minutes apart during any 24-hour period.
> Permittees with wastewater treatment systems whose detention time
exceeds 24 hours shall collect effluent grab samples at least every six hours;
there must be a minimum of four samples during a 24-hour sampling period.
H. Part I, Section A. (4.) of NPDES Permit NC0067342 requires the permittee to submit (at
a minimum) monthly reports containing results of process control testing performed at
the Northview Mobile Home Park WWTP, along with statements regarding the
management of excess wastewater solids within the WWTP. Reports are to be submitted
to the Asheville Regional Office via fax or email.

Eaven Brice Partnership
PC-2015-0048, p. 3
I. Part II, Section B. (2.) ("Duty to Mitigate") of NPDES Permit NC0067342 states "The
Permittee shall take all reasonable steps to minimize or prevent any discharge or sludge
use or disposal in violation of this permit with a reasonable likelihood of adversely
affecting human health or the environment [40 CFR 122.41 (d)].
J. Part II, Section C. (L) of the NPDES Permit states, in part, that "The permittee must also
employ one or more certified Back-up ORCs who possess a currently valid certificate of
the type of the system. Back-up ORCs must possess a grade equal to (or no more than
one grade less than) the grade of the system [15A NCAC 8G.0201]."
K. Part II, Section C. (2.) of NPDES Permit NC0067342 states, in part, that "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."
L. Part Il, Section C. (6.) of NPDES Permit NC0067342 states, in part, that "Solids, sludges,
filter backwash or other pollutants removed in the course of treatment or control of
wastewaters shall be utilized/disposed of in accordance with NCGS 143-215.1 and in a
manner such as to prevent any pollutant from such materials from entering the waters of
the State."
M. Part II, Section E. (6.)(a) of NPDES Permit NC0067342 states:
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. The written submission shall contain a description of the
noncompliance, and its cause; the period of noncompliance, including exact
dates and times, and if the noncompliance has not been corrected, the
anticipated time it is expected to continue; and steps taken or planned to reduce,
eliminate, and prevent reoccurrence of the noncompliance [40 CFR 122.41 (1)
(6)]•
N. On September 16, 2014 staff from DWR's Asheville Regional Office conducted an
inspection of the Northview Mobile Home Park WWTP. On that day solids build up was
observed throughout the WWTP. No tablets were observed in the tubes for either the
tablet chlorination or tablet dechlorination devices. It was noted that required process
control monitoring was not being reported to the Asheville Regional Office as required
by the permit. Photographs were taken of the conditions observed during the inspection.

Eaven Brice Partnership
PC-2015-0048, p. 4
O. On November 20, 2014, staff from DWR's Asheville Regional Office conducted a follow
up inspection of the Northview Mobile Home Park WWTP in response to a complaint
regarding the water quality of Flat Creek. Conditions observed on that day had
deteriorated from those observed on September 16, 2014. Debris and scum was prevalent
throughout the facility. The bar screen could not be seen due to the amount of material
covering it, and there was evidence that an overflow of wastewater had occurred from
this point in the treatment process. The aeration basin was completely covered with a
light-colored foam. Scum and wastewater solids build-up were observed within the
secondary clarifier to the point its adequacy of treatment could not be evaluated.
Excessive solids were observed in the chlorine contact chamber and floating debris was
observed at the outlet of the chlorine contact chamber. A layer of scum was observed in
Flat Creek below the outfall.
P. On March 6, 2015 staff from DWR's Asheville Regional Office conducted an inspection
of the Northview Mobile Home Park WWTP in response to a report that overflows were
occurring at the WWTP and from its collection system. Excessive scum and debris
covered the bar screen such that it could not be seen. Excessive foam covered the entire
aeration basin. Foam and wastewater were observed overflowing from the bar screen and
the aeration basin. Using a sludge judge for evaluation of the secondary clarifier, no
separation of sludge and supernatant was observed. Solids were present throughout the
depth of the liquid in the basin. Solids and grease were observed passing over the weir.
A layer of excessive floating scum was observed around the chlorine tablet chamber.
Chlorine tablets were laid in the trough upstream of the tablet chlorinator. No tablets
were observed in the dechlorination tubes, and no dechlorination tablets were observed
on site. Sludge and debris were observed at the bottom of the dechlorination device. It
was unclear how appropriate sampling was being performed as required by the permit
because neither a flow meter nor a composite sampler was observed at the WWTP. A
layer of wastewater residual solids was seen in the stream below the outfall, but its extent
was less than observed during the prior inspection. It was noted in the inspection report
that results of process control monitoring were still not being reported to the regional
office, required reporting of noncompliance had not been made, and that a back-up ORC
had not been designated for the facility, all of which are required by the permit.
Photographs were taken of the conditions observed during the inspection.
Q. On March 18-19, 2015 staff from DWR's Asheville Regional Office conducted an
announced compliance sampling inspection of the Northview Mobile Home Park
WWTP. The bar screen and aeration basin continued to be covered by a layer of foam,
debris or scum, but no overflows of treatment basins were noted on those days. Floating
sludge was observed within the clarifier, and a heavy solids load was observed to be
getting beyond the weir, into the trough and downstream components. Excessive sludge
and scum were observed in and around the chlorination unit. No continuous flow
measurement device was present at the WWTP. Flow measurements were reported to be
values from a water supply well. Composite sampling was not being conducted as
required by the permit with regard to flow proportional sampling or the volume of
aliquots being collected. Photographs were taken of the conditions observed during the
inspection.

II.
Eaven Brice Partnership
PC-2015-0048, p. 5
R. DWR staff collected a composite sample of the effluent using its own equipment (flow
meter and composite sampler) as part of the inspection noted in I. Q. above. The
following results were derived from analyses of the composite:
Biochemical Oxygen Demand;5 Day; 20°C (BOD) 108 mg/L
Total Suspended Solids (TSS) 480 mg/L
Fecal Coliform (grab sample) 2 CFU/100 ml
The results of testing for BOD and TSS exceeded the NPDES permit daily maximum
effluent limitations (45 mg/L) for each parameter. The Fecal Coliform result was
compliant with the 400 CFU/100 ml daily maximum effluent limit.
Results of testing submitted by Eaven Brice Partnership for the same sampling period, as
reported on its March 2015 DMR were:
Biochemical Oxygen Demand;5 Day; 20°C (BOD) >24.8 mg/L
Total Suspended Solids (TSS) 68.5 mg/L
Fecal Coliform (grab sample) <4 CFU/100 ml
S. Prior to the dates of the inspections noted in paragraphs I. N., I. O., I. P. and I. Q. above,
representatives of Eaven Brice Partnership provided no notification to DWR's central
office or the Asheville Regional Office of noncompliant conditions existing at the
Northview Mobile Home Park WWTP.
T. A file review conducted in DWR's Asheville Regional Office revealed that no process
control data had been reported to that office as required by the permit.
U. The Northview Mobile Home Park WWTP has been the subject of complaints from its
neighbors regarding odors and the deposition of wastewater solids into Flat Creek. Eaven
Brice Partnership has been assessed civil penalties on one occasion during the five years
preceding this assessment (case LV-2012-0096; assessed $387.00 on June 21, 2012 for
violations of effluent limits that occurred during October 2011).
V. The costs to the State for the investigation and enforcement procedures in this matter
totaled $927.67.
Based upon the above Findings of Fact, I make the following:
CONCLUSIONS OF LAW:
A. Eaven Brice Partnership is a "person" within the meaning of G.S. 143-215.6A pursuant to
G.S. 143-212(4).
B. NPDES Permit NCO067342 is required by G.S. 143-215.1.
C. Eaven Brice Partnership failed to collect a flow proportional, composite sample on March
18-19, 2015, in violation of Part I, Section A. (L) of NPDES Permit NC0067342.

Eaven Brice Partnership
PC-2015-0048, p. 6
D. Eaven Brice Partnership failed to submit monthly process control testing results to the
Asheville Regional Office following each month from December 2010 through June
2015, in violation of Part I, Section A. (4.) of NPDES Permit NC0067342.
E. The consistent occurrence of noncompliant conditions as observed by DWR staff on
September 16, 2014, November 20, 2014, March 6, 2015 and March 18-19, 2015, with
such conditions continuing even after being put on notice by DWR regarding
deficiencies, constituted a failure on the part of Eaven Brice Partnership to mitigate the
occurrence of noncompliant discharges and/or sludge disposal, in violation of Part Il,
Section B. (2.) of NPDES permit NC0067342.
F. Eaven Brice Partnership violated Part II, Section C. (1.) of NPDES Permit NC0067342
by failing to employ a Back-up ORC.
G. The conditions observed at the Northview Mobile Home Park WWTP on September 16,
2014, November 20, 2014, March 6, 2015 and March 18-19, 2015 constituted a failure to
properly operate and maintain all facilities and systems of treatment and control, in
violation of Part II, Section C. (2.) of NPDES Permit NC0067342.
H. Eaven Brice Partnership violated Part II, Section C. (6.) of NPDES Permit NC0067342
during an undetermined time between November 20, 2014 and March 6, 2015 by failing
to properly dispose of wastewater residual solids in a manner such as to prevent any
pollutant from such materials from entering the waters of the State.
I. The conditions observed at the Northview Mobile Home Park WWTP on September 16,
2014, November 20, 2014, March 6, 2015 and March 18-19, 2015 constituted
noncompliance that potentially threatened public health or the environment, and required
Eaven Brice Partnership to provide oral notification of those circumstances within 24
hours, and written notification within 5 days from the time it became aware of the
circumstances.
J. Eaven Brice Partnership failed to provide notice to either DWR's central office or the
Asheville Regional Office of the noncompliant conditions occurring at the Northview
Mobile Home Park WWTP on September 16, 2014, November 20, 2014, March 6, 2015
and March 18-19, 2015, in violation of Part I, Sections E. (6)(a) of NPDES Permit
NC0067342

Eaven Brice Partnership
PC-2015-0048, p. 7
K. Eaven Brice Partnership may be assessed civil penalties in this matter pursuant to G.S.
143-215.6A(a)(2), which provides that a civil penalty of not more than twenty-five
thousand dollars ($25,000.00) per violation may be assessed against a person who is
required but fails to apply for or to secure a permit required by G.S. 143-215.1, or who
violates or fails to act in accordance with the terms, conditions or requirements of a
permit issued pursuant to G.S. 143-215.1.
L. The State's enforcement costs in this matter may be assessed against Eaven Brice
Partnership pursuant to G.S. 143-215.3(a)(9).
M. John E. Hennessy, pursuant to delegation provided by the Secretary of the Department of
Environmental Quality and the Director of the Division of Water Resources, has the
authority to assess civil penalties in this matter.
Based upon the above Findings of Fact and Conclusions of Law, I make the following:
III. DECISION:
Eaven Brice Partnership is hereby assessed a civil penalty of:
0 For / of 1 violations of Part I, Section A. (1.) of
NPDES Permit NCO067342 by failing to collect flow
proportional, composite samples on March 18-19, 2015.
For /,�_ of 53 violations of Part I, Section A. (4.) of
NPDES Permit NCO067342 by failing to submit process
control testing results to the Asheville Regional Office on a
monthly basis following each month from December 2010
through June 2015.
$ _!�O c o , o D For violation of Part II, Section B. (2.) ("Duty to Mitigate")
of NPDES Permit NCO067342 by failing to take all
reasonable steps to minimize or prevent any discharge or
sludge use or disposal in violation of the permit with a
reasonable likelihood of adversely affecting human health
or the environment between September 16, 2014 and
March 19, 2015.
For violation of Part II, Section C. (I.) of NPDES Permit
NC0067342, by failing to employ a Back-up ORC for the
Northview Mobile Home Park WWTP.

Eaven Brice Partnership
PC-2015-0048, p. 8
For violation of Part II, Section C. (2.) of NPDES Permit
NC0067342, by failing to properly operate and maintain all
facilities and systems of treatment and control at the
Northview Mobile Home Park WWTP for an undetermined
period of time prior to September 16, 2014, and between
that date and March 19, 2015.
0 d For violation of Part Il, Section C. (6.) of NPDES Permit
NC0067342, by failing to properly dispose of wastewater
residual solids in a manner such as to prevent any pollutant
from such materials from entering the waters of the State
during an undetermined period of time between November
20, 2014 and March 6, 2015.
927.67
For of 4 violations of Part Il, Section E. (6.)(a) of
NPDES Permit NC0067342, by failing to provide notice to
either DWR's central office or the Asheville Regional
Office of the noncompliant conditions occurring at the
North View Mobile Home Park WWTP on September 16,
2014, November 20, 2014, March 6, 2015 and March 18-
19, 2015.
TOTAL CIVIL PENALTY
Enforcement Costs
TOTAL AMOUNT DUE

Eaven Brice Partnership
PC-2015-0048, p. 9
As required by G.S. 143-215.6A(c), in determining the amount of the penalty I have
considered the factors listed in 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 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;
(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;
(8) The cost to the State of the enforcement procedures.
(Date) jalin E. Hennessy
Supervisor, Compliance & Expedited Permitting Unit
Division of Water Resources