NC0071897_NOV2016LV0510_20160916

Certified Mail # 7014 0510 0000 4466 4798
Return Receipt Requested
September 13, 2016
Mizpah Healthcare Inc
74 Lotus Lane
Hendersonville, NC 28792
SUBJECT: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY
Tracking Number: NOV-2016-LV-0510
Permit No. NCO071897
Henderson's Assisted Living WWTP
Henderson County
Dear Permittee:
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Water Quality
Permitting Section
A review of the April 2016 Discharge Monitoring Report (DMR) for the subject facility revealed the violation(s)
indicated below:
Limit Exceedance Violation(s):
Sample
Location Parameter
Limit Reported
Date Value Value Type of Violation
001 Effluent Flow, in conduit or thru 4/30/2016 0.007 0.0095 Monthly Average Exceeded
treatment plant (50050)
A Notice of Violation/Intent to Issue Civil Penalty is being issued for the noted violation of North Carolina General
Statute (G.S.) 143-215.1 and the facility's NPDES Permit. 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 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.
State of North Carolina I Environmental Quality I Water Resources
2090 U.S. 70 Highway, Swannanoa, NC 28778
828-296-4500

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.
Please refer to the latest letter titled "Electronic Reporting Requirements" dated March 31 2016, concerning_
registering to use the Division's new a -DMR system for the completion and electronic submittal of month
Discharge Monitoring Reports (DMRs).
Your facility will be required to report your Discharge Monitoring Reports electronically by December 21 2016
For more information, please visit the eDMR Website at the following address:
http://portal.ncdenr.org/web/wg/admin/bog/ipu/edmr.
Please review the Flows for the April 2016 DMR and submit a written response within 10 days of receipt of this
letter to this Office explaining why the Monthly Average Flow exceeded the permit limit by 35.7%.
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., Regional 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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