NC0000108_NOV-2016-LV-0385_20160701

Certified Mail # 7012 1010 0002 1965 6652
Return Receipt Requested
July 1, 2016
Jim Kelley
New Excelsior Inc
1379 Old Rosman Hwy
Brevard, NC 28712
SUBJECT: NOTICE OF VIOLATION 8e INTENT TO ASSESS CIVIL PENALTY
Tracking Number: NOV-2016-LV-0385
Permit No. NC0000108
New Excelsior WWTP
Transylvania County
Dear Permittee:
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RECEIVED/NCDEA/DWR
JUL 12 2016
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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
Limit
Reported
Location
Parameter
Date
Value
Value
Type of Violation
003 Effluent
Solids, Total Suspended -'
4/7/2016
45
48.6
Daily Maximum Exceeded
Concentration (C0530)
003 Effluent
Solids, Total Suspended -
4/21/2016
45
54.5
Daily Maximum Exceeded
Concentration (CO530)
003 Effluent
Solids, Total Suspended -
4/27/2016
45
57
Daily Maximum Exceeded
Concentration (C0530)
003 Effluent
Solids, Total Suspended -
4/30/2016
30
48.6
Monthly Average Exceeded
Concentration (CO530)
-
State of North Carolina I Environmental Quality I Water Resources
2090 U.S. 70 Highway, Swannanoa, NC 28778
828-296-4500

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.
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:.P"ursuant+tdlPermit 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.
It was also noted that the Compliance Box on your eDMR was missing and not displayed. It should have been
marked "Non -Compliant." Please remedy this on future EDMRs.
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
G:\WR\WQ\Transylvania\Wastewater\Minors\Excelsior 00108\N0V-N01-2016-LV-0385Af