HomeMy WebLinkAboutNC0071897_NOV2015OV0005_20150815A
NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory Donald R. van der Vaart
Governor Secretary
August 13, 2015
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7614 051'0 0000 4466 2237
Mr. Robert Crumrriie
Mizpah Healthcare Inc.
Henderson's Assisted Living WWTP
P.O. Box 999
Mountain Home, North Carolina 28758-0999
Subject:
Dear Mr. Crummie:
RECEIVED/DENR/DWR
SEP - 3 2015
Water Quality
Permitting Sertinr
Notice of Violation and
Recommendation for Enforcement
Failure to- Designate Grade II Certified Operator
Tracking #: NOV-2015-OV-0005
Henderson's Assisted Living WWTP
NPDES Permit No. NCO071897
Henderson 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:
Failure to designate an_ORC of appropriate grade for your wastewater system: 15A NCAC
08G.0201(1) 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.1001233) 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. NC0071897, 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: (828) 296-4500 FAX: (828) 299-7043
Internet: hftp:/Iportal.ncdenr.org/webtwq
An Equal Opportunity/ Affirmative Action Employer
Mr. Robert Crummie
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 your 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 writing 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,
G. 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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