NC0066362_NOV2016LV0048_20160116

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DONALD R_ VAN DER,VAART
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Certified Mail # 7014 0510 0000 4466 7676
Return Receipt Requested
January 14, 2016
Nathan D Benson
PO Box 1090
Mountain Home, NC 28758-1090
RECEIVEDMCDEWWR
SUBJECT: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY
Tracking Number: NOV-2016-LV-0048 JAN 2 8 2016
Permit No. NCO066362 Water Quality
Benson Apartments WWTP Permitting Section
Henderson County
Dear Permittee:
A review of the July 2015 Discharge Monitoring Report (DMR) for the subject facility revealed the violation(s)
indicated below:
Limit Exceedance Violation(s):
Sample Limit Reported
Location Parameter Date Value Value Type of Violation
001 Effluent Solids, Total Suspended - 7/24/2015 45 59.2 Daily Maximum Exceeded
Concentration (CO530)
001 Effluent Solids, Total Suspended - 7/31/2015 30 32.25 Monthly Average Exceeded
Concentration (C0530)
It was also noted that two of the BODS (>20.3 mg/I & >39.2 mg/1) do not demonstrate Compliance
Jue to reporting values of"Greater Than."
Additionally, a Grade I operator cannot legally sign your Grade II facility DMR as the "ORC."
N Notice of Violation/Intent to Issue Civil Penalty is being issued for the noted violation of North Carolina General
itatute (G.S.) 143-215.1 and the facility's NPDES Permit. Pursuant to G.S. 143-215.6A; a civil penalty of not
pore than twenty-five thousand dollars ($25,000.00) may be assessed against any person who violates or fails
:o 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 information provided on the submitted Discharge
Monitoring Report(s). 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.
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.
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.
Additionally and if you have not already done so, you may wish to consider registering to use the Division's new
e-DMR system for the completion and electronic submittal of monthly Discharge Monitoring Reports (DMRs).
For more information, please visit the eDMR Website at the following address:
http://portal.ncdenr.org/web/wg/admin/bog/ipu/edmr.
If you have any questions concerning this matter, please contact Janet Cantwell of the Asheville Regional
Office at 828-296-4500.
Sincerely,
G. Landon Davidson, P.G., Regiona Supervisor
Water Quality Regional Operations Section
Asheville Regional Office
Division of Water Resources, NCDEQ
Cc: WQS Asheville Regional Office - Enforcement File
NPDES Compliance/Enforcement Unit - Enforcement File
James &James Environmental/ ORC
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