HomeMy WebLinkAboutNC0074110_LV20170023_20170123ROY COOPER
MICHAEL S. RECAN
Secrx ary
to ;Re ours $. JA ZIMMERMAN
,�h'rector
@NVIROMiENTAL 6UALh4Y
Certified Mail # 7014 0510 0000 4466 4064
Return Receipt Requested
Mountain View Assisted Living
Mizpah Healthcare Inc
260 Center Way Dr
Hendersonville, NC 28792
SUBJECT:
Dear Permittee:
January 23, 2017
Total penalties assessed for this facility
= $8,213.73
Total penalties paid for this facility =
$4,154.54 -
Total outstarichng balance (unpaid) fore
`this facil>fy being sent to collections°
�(notsrcludi`ng current assessments
3 74.4, 33
Notice of Violation and Assessment of Civil Penalty
for Violations of North Carolina General Statute (G.S.) 143-215.1(a)(6)
and NPDES WW Permit No. NCO074110
Mizpah Healthcare Inc
Mountain View Assisted Living WWTP
Case No. LV -2017-0023.
Henderson County
RECEIVEDUDENWR
JAN 2 5 2017
Water Quality
permitting Section
_ This letter transmits a Notice of Violation -and -assessment of -civil penalty in the amount of $929.12($812:50 civil.penalty,+.
$116.62 enforcement costs) against Mizpah Healthcare Inc.
This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report (DMR)
submitted by Mizpah Healthcare Inc for the month of August 2016. This review has shown the subject facility to be in
violation of the discharge limitations and/or monitoring requirements found in NPDES WW Permit No. NCO074110. The
violations, which occurred in August 2016, are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that Mizpah Healthcare Inc violated the terms, conditions or
requirements of NPDES WW Permit No. NCO074110 and G.S. 143-215.1(a)(6) in the manner and extent shown in
Attachment A. In accordance with the maximums established by G.S. 143-215.6A(a)(2), a civil penalty may be assessed
against any person who violates the terms, conditions or requirements of a permit required by G.S. 143-215.1(a).
Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the Secretary
of the Department of Environmental Quality and the Director of the Division of Water Resources, I, G. Landon Davidson,
P.G., Regional Supervisor, Asheville Regional Office hereby make the following civil penalty assessment against Mizpah
Healthcare Inc:
State of North Carolina I Environmental Quality i Water Resources
2090 U.S. 70 Highway, Swannanoa, NC 28778
828-296-4500
$375.00 3 of the 3 violations of 143-215.1(a)(6) and Permit No.NC0074110, by discharging wastewater into
the waters of the State in violation of the Permit Daily Maximum for BOD - Conc.
$125.00 1 of the 1 violations of 143-215.1(a)(6) and Permit No.NC0074110, by discharging wastewater into
the waters of the State in violation of the Permit Daily Maximum for TSS - Conc.
$312.50 1 of the 1 violations of 143-215.1(a)(6) and Permit No.NC0074110, by discharging waste water into
eQrS, OT jne; ag _ = onc_
$812.50 TOTAL CIVIL PENALTY
$116.62 Enforcement Costs
$929.12 TOTAL AMOUNT DUE
Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into account the Findings of Fact and
Conclusions of Law and the factors set forth at G.S. 143B -282.1(b), which are:
(1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property
resulting from the violation; .
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs over which the Environmental
Management Commission has regulatory authority; and
(8) The cost to the State of the enforcement procedures.
Within thirty (30) days of receipt of this notice, you must do one of the following:
(1) Submit payment of the penalty, OR
(2) Submit a written request for remission, OR
(3) Submit a written request for an administrative hearing
Option 1: Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environmental Quality (do not include waiver
form). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s).
Please submit payment to the attention of:
Wastewater Branch
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
Option 2: Submit a written request for remission or mitigation including a detailed justification for such
request:
Please be aware that a request for remission is limited to consideration of the five factors listed below as they may
relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper
procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in
the civil penalty assessment document. Because a remission request forecloses the option of an administrative hearing,
such a rennest mast be accompanied by a waiver of you
r� right to an adminicirative hearing and a ctinnlatien and
agreement that no factual or legal issues are in dispute. Please prepare a detailed statement that establishes why you
believe the civil penalty should be remitted, and submit it to the Division of Water Resources at the address listed below.
In determining whether a remission request will be approved, the following factors shall be considered:
(1) whether one or more of the civil penalty assessment factors in NCGS 143B -282.1(b) was wrongfully
. applied to the detriment of the petitioner;
(2) whether the violator promptly abated continuing environmental damage resulting from the violation;
(3) whether the violation was inadvertent or a result of an accident;
(4) whether the violator had been assessed civil penalties for any previous violations; or
(5) . whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions.
Please note that all evidence presented in support of your request for remission must be submitted in writing. The
Director of the Division of Water Resources will review your evidence and inform you of his decision in the matter of
your remission request. The response will provide details regarding the case status, directions fof payment, and
provision for further appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty
Remissions (Committee). Please be advised that the Committee cannot consider information that was not part of the
original remission request considered by the Director. Therefore, it is very important that you prepare a complete and
thorough statement in support of your request for remission.
In order to request remission, you must complete and submit the enclosed "Request for Remission of Civil Penalties,
Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form within thiM (30) d4ys of receipt of this
notice. The Division of Water Resources also requests that you complete and submit the enclosed "Justification for
Remission Request."
Both forms should be submitted to the following address:
Wastewater Branch
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
Option 3: File a petition for an administrative hearing with the Office of Administrative Hearings:
If you wish to contest any statement in the attached assessment document you must file a petition for an administrative
hearing. You may obtain the petition form from the Office of Administrative Hearings. You must file the petition with
the Office of Administrative Hearings within thirty (30) days of receipt of this -notice. A petition is considered filed
when it is received in the Office of Administrative Hearings during normal office hours. The Office of Administrative
Hearings accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for official state
holidays. The petition may be filed by facsimile (fax) or electronic mail by an attached file (with restrictions) - provided
e signed original, one copy anda tiling tee if a filing tee is require y NOUS-§-1is received in the
Office of Administrative Hearings within seven (7) business days following the faxed or electronic transmission. You
should contact the Office of Administrative Hearings with all questions regarding the filing fee and/or the details of the
filing_ process.
The mailing address and telephone and fax numbers for the Office of Administrative Hearings are as follows:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-671.4
Tel: (919) 733-2698
Fax: (919) 733-3478
One (1) copy of the petition must also be served on DEQ as follows:
Mr. Sam M. Hayes, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, North Carolina 27699-1601
Please indicate the case number (as found on page one of this letter) on the petition.
.Failure to_ exercise one of the options .above within thirty (3 0) days of receipt of this letter, as evidenced by an internal
date/time received stamp (not a postmark), will result in this matter being referred to the Attorney General's Office for
collection of the penalty through a civil action. Please be advised that additional penalties may be assessed for violations
that occur after the review period of this assessment.
If you have any questions, please contact Janet Cantwell with the Division of Water Resources staff of the Asheville
Regional Office at (828) 296-4667 or via email atjanet.cantwell@ncdenr.gov.
Sincerely,
G. Landon Davidson, P.G., Regional Supervisor
Water Quality Regional Operations Section
Asheville Regional Office
Division of Water Resources, NCDEQ
ATTACHMENTS
Cc: WQS Asheville Regional Office - Enforcement File
NPDES Compliance/Enforcement Unit - Enforcement File
James & James Environmental/ ORC
U:1Wlt`;WQ't11enderson`,Wastewarer\i+dinors;blountain View Assisted Living 741 IOILV--3017-00'3?.rtf
JUSTIFICATION FOR REMISSION REQUEST
Case Number: LV -2017-0023 County: Henderson
Assessed Party: Mizpah Healthcare Inc/ Mountain View Assisted Living
Permit No.: NC0074110 Amount Assessed: $929.12
Please use this form when requesting remission of this civil penalty. You must also complete the 'Request For Remission,
Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form to request remission of this civil penalty.
You should attach any documents that you believe support your request and are necessary for the Director to consider in
evaluating your request for remission. Please be aware that a request for remission is limited to consideration of the five
factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting
remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual
statements contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 143B-282. l(c), remission of a civil
penalty may be granted only when one or more of the following five factors apply. Please check each factor that you
believe applies to your case and provide a detailed explanation, including copies of supporting documents, as to why the
factor applies (attach additional pages as needed).
(a) one or more of the civil penalty assessment factors in N.C.G.S. 143B -282.1(b) -were wrongfully applied to the
detriment of the petitioner (the assessment factors are listed in the civil penalty assessment document);
(b) the violator promptly abated continuing environmental damage resulting from the violation (i.e., explain the
steps that you took to correct the violation and prevent future occurrences);
(c) the violation was inadvertent or a result of an accident (i.e., explain why the violation was unavoidahle or
something you could not prevent or prepare for);
(d) the violator had not been assessed civil penalties for any previous violations;
(e) payment of the civil .penalty will prevent payment for the remaining necessary remedial actions (i.e., explain
how payment of the civil penalty will prevent you from performing the activities necessary to achieve
compliance).
EXPLANATION:
STATE OF NORTH CAROLINA
COUNTY OF HENDERSON
DEPARTMENT OF ENVIRONMENTAL QUALITY
IN THE MATTER OF ASSESSMENT
) WAIVER OF RIGHT TO AN
�11F CIVIL ENAL�IESA-GA1N
A-DMINISTRATIVE-IH:-A-BIN
STIPULATION OF FACTS
Mizpah Healthcare Inc
)
Mountain View Assisted Living
)
PERMIT NO. NC0074110
) CASE NO. LV -2017-0023
Having been assessed civil penalties totaling $929.12 for violation(s) as set forth in the assessment document of the Division
of Water Resources dated January 20, 2017) the undersigned, desiring to seek remission of the civil penalty, does hereby
waive the right to an administrative hearing in the above -stated matter and does stipulate that the facts are as alleged in the
assessment document. The undersigned further understands that all evidence presented in support of remission of this civil
penalty must be submitted to the Director of the Division of Water Resources within thirty (3 0) days of receipt of the notice
of assessment. No new evidence in support of.a remission request will be allowed after (30) days from the receipt of the
notice of assessment.
This the
day of
TELEPHONE
SIGNATURE
20
ATTACHMENT A
Mizpah Healthcare Inc
CASE NUMBER: LV -2017-0023
PERMIT: NCO074110 REGION: Asheville
FACILITY: Mountain View Assisted Living COUNTY: Henderson
LIMIT VIOLATION(S)
SAMPLE LOCATION:
Outfall 001 - Effluent
Violation
Report
Unit of
Limit
Calculated % Over
Violation
Penalty
Date
MonthNr
Parameter
Frequency
Measure
Value
Value
Limit
Type
Amount
8/3/2016
8-2016
BOD, 5 -Day (20 Deg.
Weekly
mg/I
7.50
9.90
32.4
Daily Maximum
$125.00
C) - Concentration
Exceeded
8/11/2016
8-2016
BOD, 5 -Day (20 Deg.
Weekly
mg/1
7.50
12.70
69.3
Daily Maximum
$125.00
C) - Concentration
Exceeded
8/18/2016
8-2016
'BOD, 5 -Day (20 Deg.
Weekly
mg/I
7.50
32.20
329.3
Daily Maximum
$125.00
C) - Concentration
Exceeded
8/31/2016 8-2016 BOD, 5 -Day (20 Deg. Weekly mg/1 5 12.50 150.3 Monthly $312.50
C) - Concentration Average
Exceeded
8/11/2016 8-2016 Solids, Total Weekly mg/1 45 61.90 37.6 Daily Maximum $125.00
Suspended- Exceeded
Concentration
NPDES PERMIT NO. NCO074110 DISCHARGE NO. 001 MONTH AUG YEAR 2016
FACILITY NAME MOUNTAIN VIEW REST HOME CLASS II COUNTY HENDERSON
CERTIFIED LABORATORY (1) JAMES & JAMES ENVIRONMENTAL MGT., INC. CERTIFICATION NO. 482
(list additional laboratories on the backside/page 2 of this form)
OPERATOR IN RESPONSIBLE CHARGE (ORC) SHANNON JAMES GRADE II CERTIFICATION NO. 1002526
PERSON(S) COLLECTING SAMPLES
Mail ORIGINAL and ONE COPY to:
ATTN: CENTRAL FILES
DIVISION OF WATER QUALITY
1617 MAIL SERVICE CENTER
RALEIGH, NC 27699-1617
SHANNONJAMES
ORC PHONE 828-697-0063
BY THIS SIGNATURE, I CERTIFY THAT THIS REPORT IS
ACCURATE AND COMPLETE TO THE BEST OF MY KNOWLEDGE.
9/26/2016
DWQ Form MR -I (11104)
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DWQ Form MR -I (11104)
Facility Status: (Please check one of the following)
All monitoring data and sampling frequencies meet permit requirements
(including weekly averages, if applicable)
Compliant
All monitoring data and sampling frequencies do NOT meet permit requirements
The permittee shall report to the Director or the appropriate Regional Office any noncompliance that potentially threatens public health or the
environment. Any information shall be provided_ orally within 24 hours from the' the permittee became aware of the circumstances. A
written submission shall also be provided within 5 days of tfie.time the permittee becomes aware of the circumstances.
If the facility is noncompliant, please attach a list of corrective actions being taken and a time -table for improvements to be made as required by Part II.E.6
of the NPDES_ permit.
"I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure
that qualified personnel,properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who managed the system, or those
persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. • I am
aware that there are significant penalties for submitting false information,. including the possibility of fines and imprisonment for knowing violations."
RT 11
Certified Laboratory (2)
Certified Laboratory (3)
Certified Laboratory (4)
Certified Laboratory (5)
NC 28739
MOUNTAIN VIEW REST HOME
Permittee (Please print or type)
�F' dlc�tL 9/26/2016
'Signature of Perm ee*** Date
(Required unless submitted electronically)
-0063
ADDITIONAL CERTIFIED LABORATORIES
PARAMETER CODES
Certification No.
Certification No.
Certification No.
Certification No.
1/30/201
Parameter Code assistance may be obtained by calling the NPDES Unit at (919) 801-6300 or by visiting http://portal.ncdenr.org/web/wq/swp/ps/npdes/appfonns.
Use ionly units of measurement designated in the reporting facility's NPDES permit for reporting data
* No Flow/Discharge From Site: Check this box if no. discharge occurs and, as a result, there are no data to be
entered for all of the parameters on the DMR for the entire monitoring period.
** ORC On Site2:',ORC must visit facility and document visitation of facility as required per 15A NCAC 8G .0204.
*** Signature of Permittee:. If signed by other than the permittee, then the delegation of the signatory authority must be on
file with the state per 15A NCAC 2B .0506(b)(2)(D).
P
JAMES & JAMES ENVIRONMENTAL MANAGEMENT, INC
PO BOX 1354, MOUNTAIN HOME, NC 28758
` (828) 697-0063 OFFICE.
(828) 697-0065 FAX -
August, 2016
Client: Mountain View Assisted Living
NPDES PERMIT NUMBER: NCO074110
Dear Client,
We are pleased to notify you that your facility operated most of the month within your National Pollutant
Discharge Elimination System (NPDES) permit. We did experience a result that was greater than the
permit discharge limits'. Your permit has both a monthly maximum and a daily maximum. Your facility
exceeded the permit discharge limits on the items listed below:
BOD 9.93 mg/1 on the 4fl'
12.7 mg/1 on the l la'
32.2 mg/1 on the 18th
12.5 mg/1 Monthly Average
TSS 61.9 mg/1 on the 1101
This gave a daily maximum violation on three days and did give a monthly violation for both BOD and
TSS. We determined that the cause of the violation was probably due a couple different issues. (1) Grease
has been entering the facility from the establishment and (2) a potential toxic load of chemicals has entered
the facility. I have spoken with W. Crummie regarding the grease issues and checking the chemicals that
are entering -the facility. The facility was wasted to the. digester and the grease was hand baled from the
clarifier and chlorine contact chamber.. This removed by 5 gallon. pails'Eom the site
You may receive a monetary fine for this month. Thank you for your understanding in this matter.
Thank you for choosing James & James as your service company.
J anita James
DIVISION OF WATER RESOURCES - CIVIL, PENALTY ASSESSMENT (File)
Violator: Mizpah Healthcare Inc
Facility Name:. Mountain View Assisted Living WWTP
Permit Number: NCO074110
County: Henderson
Case Number: LV -2017-0023
ASSESSMENT FACTORS
1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property
resulting from the violation;
.All effluent violations maybe detrimental to the receiving stream but may not be immediately quantified.
2) The duration and gravity of the violation;
Three Daily Max BOD's exceeded the permit limit by 32.4 %, 69.3% & 329.3%.
One Monthly Average BOD exceeded the permit limit by 150.3%.
One Daily Max TSS exceeded the permit. limit by 37.5%.
3) The effect on ground or surface water quantity or quality or on air quality;
All effluent violations may be detrimental to the receiving stream but may not be immediately quantified.
4) The cost -of rectifying the damage;
The cost is unknown.
5) The amount of money saved by noncompliance;
The amount of money saved is unknown.
The amount of money saved would include the cost of excess solids removal and additional aeration. It
would also include more operating and maintenance time on site and the cost of additional chemical
treatment.
The amount of money saved would include the cost of collection of the additional samples and the cost of
analyzing them at a certified lab.
6) Whether the violation was committed willfully or intentionally;
It does not appear to be either.
7) The prior record of the violator in complying or failing to comply with programs over which the Environmental
Management Commission has regulatory authority; and
There have been five civil penalty enforcements in the twelve months prior to this violation.
8) The -cost to the State of the enforcement procedures.
$116.62
�a •ao. o�
Date G. Landon Davidson, P.G., Regional Supervisor
Water Quality Regional Operations Section
Asheville Regional Office
Division of Water Resources, NCDEQ .
Permit Enforcement History Details by Owner
1/20120`17
'
1
Owner: Mizpah Healthcare Inc
Facility : Mountain
View Assisted Living
Permit: NCO074110
Region : Asheville County Henderson
Penalty
Remission
Enf
Enf
EMC EMC OAH Collection
Has
Assessment Penalty
Enforcement
Request
Conf
Remission
Hearing Remission Remission MemoSent Total
Balance Pmt Case
Case
MR Approved Amount
Costs Damages
Received
Held
Amount
Held Amount Amount To AGO
Paid
Due Plan Closed
Number
LV -1998-0218
11/6/98 $1,000.00
$150.83
12/7/98
2/3/99
$1,150.83
$0.00 No 3/11/99
LV -1999-0431
10/22/99 $1,000.00
$120.98
12/1/99
2/2/00
$0.00
$1,120.98
$0.00 No 3/22/00
LV -2003-0326
1-2003 3/31/03 $250.00
$100.00
$350.00
$0.00 No 8/4/05
LV -2007-0398
4-2007 10/12/07 $350.00
$208.57
$558.56
$0.00 No 10/31/07
LM -2010-0024
1-2010 6/9/10 $350.00
$67.00
7/13/10
3/25/11
$0.00
$417.00
$0.00 No 5/26/11
LV -2010-0270
4-2010 8/20/10 $550.00
$67.00
9/23/10
5/12/11
$0.00
$617.00
$0.00 No 4/17/12
LM -2010-0045
5-2010 10/22/10 $200.00
$67.00
11/19/10 5/10/11
$0.00
3/13/12 $0.00
$267.00
I $0.00 No 4/17/12
LV -2012-0040
7-2011 3/15/12 $200.00
$137.00
4/10/12
4/16/13
$60.00
$277.00W No
LM -2012-0010
10-2011 3/26/12 $450.00
$137.00
$0.00
$0.00 8/7/12
$587.00
$0.00 No 1/28/13
LV -2012-0061
11-2011 5/2/12 $750.00
$137.00
5/23/12
4/16/13
$225.00
$662.00 No 1,y
is.w w_.,._........�
LV -2013-0028
9-2012 2/18/13 $100.00
$137.00
7/16/13
$237.00
$0.00 No 9/27/13
LV -2013-0094
1-2013 5/16/13 $100.00'
$137.00
$237 oo' ;No
LM -2016-0007
10-2015 312/16 $350.00
$158.22
$5Q8.22r No{
LV -2016-0102
12-2015 5/31/16 $450.00
$113.93
'$563'.83`''N6'
LV -2016-0164
1-2016 8/25/16 $350.00
$112.94
$462.94 _:No-
LV -2016-0199
5-2016 9/28/16 $350.00
$116.62
$466 62 No_,
i'
1/20/2017
2
LV -2016-0238 7-2016 11/15/16 $450.00 $116.62 $566:62=�No,
�,.:.. � -
Total Cases: 17 Total Penalty Amount: $7,250 Total Enforcement Cost: $2,084.71 Sum Of Total Paid: $4,154.54
Total Balance pue : 13744.33 _
Sum of Total Case Penalties: $9,334.71 Total Penalties After Remissions: 47898.87