NC0089095_LV20160197_20160928

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Certified Mail # 7014 0510 0000 4466 4989
Return Receipt Requested
September 28, 2016
Aubrey Lewis Deaver
A&D Water Service Inc
PO Box 1407
Pisgah Forest, NC 28768-1407
SUBJECT: Notice of Violation and Assessment of Civil Penalty
for Violations of North Carolina General Statute (G.S.) 143-215.l(a)(6)
and NPDES WW Permit No. NCO089095
A&D Water Service Inc
High Vista Falls WWTP
Case No. LV -2016-0197
Henderson County
Dear Permittee:
RECE@VED/NMEM/M
OCT 03 2016
VtIater Quality
Permitting Section
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $566.62 ($450.00 civil penalty +
$116.62 enforcement. costs) against A&D Water Service Inc.
This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report (DMR)
submitted by A&D Water Service Inc for the month of April 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. NC0089095. The
violations, which occurred in April 2016, are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that A&D Water Service Inc violated the terms, conditions or
requirements of NPDES WW Permit No. NCO089095 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 A&D
Water Service Inc:
State of North Carolina I Environmental Quality I Water Resources
2090 U.S. 70 Highway, Swannanoa, NC 28778
828-296-4500

I i
$200.00 2 of the 2 violations of 143-215.1(a)(6) and Permit No.NC0089095, by discharging wastewater into
the waters of the State, in violation of the Permit Daily Maximum for TSS - Cone.
$250.00 1 of the 1 violations of 143-215.1(a)(6) and Permit No.NC0089095, by discharging wastewater'into
the waters of the State in violation of the Permit Monthly Average for TSS - Cone.
$450.00 TOTAL CIVIL PENALTY
$116.62 Enforcement Costs
$566.62 TOTAL AMOUNT DUE
Pursuant to G.S. 143-21.5.6A(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.l(b), which are:
(1) The degree and extent of harm to the natural resources of the State, to the public health, or to private properly
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
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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 request must be accompanied by a waiver of your right to an administrative hearing and a stipulation 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 for 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 thirty (30) dys 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
the signed original, one (1) copy and a filing fee (if a filing fee is required by NCGS §150B-23.2) is 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 27699-6714
Tel: [phone]
Fax: [phone]
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 (30) 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 [phone] or via email [e-mail].
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
Gi�V2541?Q':Henders�nl��'n>tcn atzr4�Gnorsl.ligh Vista Falls 8909 V -2016-0197.x1'

JUSTIFICATION FOR REMISSION REQUEST
Case Number: LV -2016-0197 County: Henderson
Assessed Party: A&D Water Service Inc / High Vista
Permit No.: NC0089095 Amount Assessed: $566.62
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 -282.1(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. 1438-282.1(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 unavoidable 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 . DEPARTMENT OF ENVIRONMENTAL QUALITY
COUNTY OF HENDERSON
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
A&D Water Service Inc )
High Vista Falls WWTP
PERMIT NO. NCO089095 ) CASE NO. LV -2016-0197
Having been assessed civil penalties totaling $566.62 for violation(s) as set forth in the assessment document of the Division
of Water Resources dated September 28, 2016, 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
ADDRESS
TELEPHONE
SIGNATURE
20

PERMIT: NCO089095
FACILITY: High Vista Falls WWTP
ATTACHMENT A
A&D Water Service Inc
CASE NUMBER: LV -2016-0197
REGION: Asheville
COUNTY: Henderson
LIMIT VIOLATION(S)
SAMPLE LOCATION: Outfall 001 - Effluent
Violation Report
Unit of
Limit
Calculated
% Over
Violation
Penalty
Date Month/Yr
Parameter
Frequency
Measure
Value
Value
Limit
Type
Amount
4/14/2016 4-2016
Solids, Total
Weekly
mg/I
10
14
40.0
Daily Maximum
$100.00
Suspended-
Exceeded
Concentration
4/26/2016 4-2016
Solids, Total
Weekly
mg/I
10
15
50.0
Daily Maximum
$100.00
Suspended-
Exceeded
Concentration
4/30/2016 4-2016
Solids, Total
Weekly
mg/I
5
11.70
133.5
Monthly
$250.00
Suspended-
Average
Concentration
Exceeded

DIVISION OF WATER RESOURCES - CIV1I, PENALTY ASSESSMENT (File)
Violator: A&D Water Service Inc
Facility Name: High .Vista Falls WWTP
Permit Number: NCO089095
County: Henderson
Case Number: LV -2016-0197
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 may be detrimental to the receiving stream but may not be immediately quantified.
2) The duration and gravity of the violation;
Two Daily Max TSSs exceeded the permit limit by 40 % & 50%.
One Monthly Average TSS exceeded the permit limit by 133.5%.
3) The effect on ground or surface water quantity or quality or on air quality;
All effluent violations may 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 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 four civil penalty enforcements in the twelve months prior to this violation.
8) The cost to the State of the enforcement procedures.
$116.62
Date G. Landon Davidson, P.G., Regional Supervisor
Water Quality Regional Operations Section
Asheville Regional Office
Division of Water Resources, NCDEQ

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EFFLUENT
JUN o 9 20115
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NPQE-S PFRMITNO: NCO089095 DISQUARG NAPRIL. YEAR_
2016
FACILITY NAME: High Vista.F.alls* CLASS 11 c65Wjy,-_ Henderson
CERTIFIED LABORATORY (I) Environmental T sting
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DIVISION;' OF WA!tg QUAPTY SIDLE. CHARGE), DATE
1611NAILSERVICECENTER B.YTHIS 916NA-TUM, (CERTIFY THAT THIS REPORT IS
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Facility Status: (Please check pne 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 F1
Noncompliant
The permittee 4iall report to: fhe Director. or the appropriate Regioiiaf Office any, noticompliance that potentially
threatens. public health or the envitonmeut. Any information shall be provided.orally within 24 hours from the time the
permittee became aware: of the circumstances. A written submission shall• also beprovided rvithin.5 days of the time
the permittee becomes aware of the circumstances.
I.f the facility :is noneompiiant, please attach a li'si of corrective actions being taken and a terve-table for
improvements to be. made as required by?art.II.E.6 of the.NPDES permit.
-1 aerfify, under penalty of law, that this document and all attachments were prepared under my direction or supervision
in. aceordaiice with a system desib ed to assure that .qualified personnel properly gather and evaluate the information
submitted. Based. on my .inquiry of the person or persons who:manage&the system, or those persous.directly
responsible fat gathering the.in:t'ormatign,:the in..formation submitted is; to:the best of my Idiowledp grid belief, true,
accurate, and complete; I am Aware that tiseie, are signiticaiit penalties for subtleitfirtg false lrzformatiog,.Including the
possibility'of fines: and imprisonment for,knoiuing violations,
A &. D Water• Service, I=
Permittee (Please print or type)
Signature of Permittee*** Vke
(Required unless submitted electronically)
P O. Box 1407 Pisgah Forest. NC 28768....(;828) 884-9772 admaint;@citcom heti 31. -Oct -20
Permitteeirddress EhcneNumver e-maltaddress Permit: Expiration" Date
ADDITIONAL CERTIFIRD'LABORATORIES
Certified Laboratory (2) Certifioation•No.
Certified Laboratory (3) CertitieationNo.
Certified Laboratory (4) Certification No.
Certified Laboratory (5) Certification -Na.
PA12r1.1 "TER CODES
Parameter Code assistance -may be.gbtained. fly calling the NPDES Unit at'(919 :807 -6300 or by yisititlg
http://portiil.nedenr.Erg/web/`wq/swplps/npdes/appforms.
'Use only units of measurement designated: in the reporting facility's NI'DES permit forlreporting data.
x No FlowMiischarge 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 DMA for the entire monitoring period.
** ORCOn Site?:.ORC mustvisit facility and document visitation of facility as required perT5A NCAC 8G,0204.
** Signatare of Permittee: If signed by otherthan the permittee, then Ore delegation. of the signatory authority must be on
file with the state pet 15A NCAC 2B .0506(b)(2)(D).
Rage 2

5%11/2016
ATTN. CENTRAL FILES
DIVISION OF WATER QULITY
1617 MAIL SERVICE CENTER
RALEIGH, NC,, 27,699-16,17
Subject: Non -Compliance
April 2016
NPDES# NCO089095
Dear Sir or Madam;
High Vista Fall (NC0089095) was in Non -Compliance for the monthly Total Suspended Shcid (TSS),
for tha month of Apri12016. To correct the problem I increase wasting to the digester, back wash
chlorine contact cha...mber, backwash filters.
4
If you have any question or require additional informatiori, please feel free: to contact me at
[phone].
Sincerely,
45��<
Vincent EdwaKds

Permit Enforcement History Details by Owner
9/2 812 16
1
Owner: A&D Water Service Inc
Facility : High Vista Falls WWTP
Permit: N00089095
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 Damages Received Held Amount Held .Amount Amount To AGO Plan Closed
PP Amount Costs Paid Due
Number -
LV -2013-0146
4-2013
.8/6/13
$250.00
$137.00
5/9/14 $387.00 $0.00
No 5/20/14
LM -2013-0025
6-2013
9/26/13
$650.00
$147.50
5/9/14 $797.50 $0.00
No 5/20/14
LV -2013-0188
7-2013
10/14/13
$350.00
$147.50
519/14 $497.50 $0.00
No 5/20/14
LM -2014-0007
1-2014
4/28/14
$428.00
$147.50
$575.50
No
LV -2015-0024
5-2014
2/9/15
$350.00
$159.26
$509.26
No
LV -2015-0055
12-2014
4/8/15
$550.00
$159.26
$709.26
No
LV -2015-0064
1-2015
5/6/15
$550.00
$159.26
$709.26
No
LV -2015-0087
2-2015
6/8/15
$1,350.00
$159.26
$1,509.26
No
LV -2015-0098
3-2015
6/23/15 $450.00
$159.26
$609.26
No
LM -2015-0012
4-2015
7/21/15 $125.00
$159.26
$284.26
No
LM -2016-0001
5-2015
1/15/16 $312.50
$159.26
$471.76
No
LV -2016-0044
7-2015
1/28/16 $437.50
$159.26
$596.76
No
Total Cases:
12
Total Penalty Amount:
$5,803
Total Enforcement Cost: $1853.58 Sum Of Total Paid: $1,682.00 Total Balance Due: $5,974.58
Sum of Total Case Penalties: $7,656.58 Total Penalties After Remissions: $7,656.58