NC0066362_NOV2017LV0041_20170117

Certified Mail # 7014 0510 0000 4466 4095
Return Receipt Requested
January 23, 2017
State of North Carolina I Environmental Quality I Water Resources
2090 U.S. 70 Highway, Swannanoa NC 28778
828-296-4500
RECEIVEDINCDENWR
Nathan D Benson
PO Box 1090
JAN 2017
Mountain Home, NC 28758-1090
Water Quality
Permitting Section . .
SUBJECT: NOTICE OF VIOLATION & INTENT TO ASSESS.CIVIL PENALTY
Tracking Number: NOV-2017-LV-0041. .
Permit No. N0066362
Benson Apartments WWTP
Henderson County
Dear Permittee:
A review of the September 2016 Discharge Monitoring Report
(DMR) for the subject facility revealed the
violation(s) indicated below-.----
elow..Limit
LimitExceedance Violation(s):
Sample
Limit Reported
Location Parameter Date.
Value Value
Type of Violation .
001 Effluent Solids, Total Suspended - 9/7/2016
45 54.7
Daily Maximum Exceeded
Concentration (CO530)
001 Effluent Solids, Total Suspended - 9/14/2016
45 90.7
Daily Maximum Exceeded
Concentration (CO530)
001 Effluent Solids, Total Suspended - 9/21/2016
45 81.4
Daily Maximum Exceeded
Concentration (C0530)
001 Effluent Solids, Total Suspended - 9/29/2016
45 69.1
Daily Maximum Exceeded
Concentration (CO530)
'001 Effluent Solids, Total Suspended - 9/30/2016
30 61.04
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. 143-2.15.6A, 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: 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.
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
NADES-Gompliance/Enforcement Unit - Enforcement File
James & James Environmental/ ORC
G:\WR\WQ\Henderson\Wastewater\M(norsWenson Apartments 66362\N0V-N0I-2017-LV-0041.rtf