NC0032115_LV20160016_20160120

PAT MCCRORY
Governor
rriz
DONALD R. VAN DER VAART
Secretary
Water Resources
ENVU ONMENTAL QUALITY S. JAY ZIMMERMAN
Duet-tor
Certified Mail# 7014 0510 0000 4466 7737
Return Receipt Requested
January 20, 2016
RECEIVED/NCDEQ/DWR
Rick Owen,Town Manager
Town of Banner Elk JAN 2 8 2016
PO Box 2049
Water Quality
Banner Elk,NC 28604-2049 Permitting Section
SUBJECT: 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.NC0032115
Town of Banner Elk
Banner Elk WWTP
Case No. LV-2016-0016
Avery County
Dear Permittee:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of$909.26 ($750.00 civil penalty +
$159.26 enforcement costs)against Town of Banner Elk.
This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report(DMR)
submitted by Town of Banner Elk for the month of May 2015. 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.NC0032115. The violations,
which occurred in May 2015, are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that Town of Banner Elk violated the terms, conditions or
requirements of NPDES WW Permit No.NC0032115 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. l43-215.6A(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 Town of
Banner Elk:
State of North Carolina Environmental Quality i Water Resources
2090 U.S.70 Highwa}.Swannanoa,NC 28778
828-296-4500

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)days 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

JUSTIFICATION FOR REMISSION REQUEST
Case Number: LV-2016-0016 County: Avery
Assessed Party: Town of Banner Elk
Permit No.: NC0032115 Amount Assessed: $909.26
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. 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 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:

ATTACHMENT A
Town of Banner Elk
CASE NUMBER LV-2016-0016
PERMIT: NC0032115 FACILITY: Banner Elk WWTP COUNTY: Avery REGION: Asheville
Limit Violations
MONITORING OUTFALL I VIOLATION UNIT OF CALCULATED %OVER
PENALTY REPORT PPI LOCATION PARAMETER DATE FREQUENCY MEASURE LIMIT VALUE LIMIT VIOLATION TYPE
$750.00 5-2015 001 Effluent NH3-N-Conc 5/31/15 3 X week mg/I 4.50 5.40 20.5 Monthly Average Exceeded

DIVISION OF WATER RESOURCES- CIVIL PENALTY ASSESSMENT (FILE COPY)
Violator: Town of Banner Elk
Facility Name: Banner Elk WWTP
Permit Number: NC0032115
County: Avery,
Case Number: LV-2016-0016
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;
One Monthly Average Ammonia Nitrogen exceeded the permit limit by 20.537%.
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 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 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 no civil penalty assessments in the twelve months prior to this violation.
8) The cost to the State of the enforcement procedures.
$159.26
Date G. Landon Davidson,P.G.,Regional Supervisor`
Water Quality Regional Operations Section
Asheville Regional Office
Division of Water Resources,NCDEQ

7-r...":6 triz),)
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NPDES PERMIT No. , NC0032115 DISC�,AGE-N . 001 MONTH May YEAR 2015
FACILITY NAME .t.Town of Baoner.E111-7-r, C SS III COUNTY Avery
OPERATOR IN RESPONSIBLE_CHAR ORCJ;‘.) J-;J98d Brewe GRADE III PHONE[phone]
CERTIFIED LABORATORIES(1)Water QuaIIty Lab&Operations,Inc..
CHECK BOX IF ORC HAS CHANGED [ I PERSO (5)COLLECTING SAMPLES Jadd Brewer
Mail ORIGINAL and ONE COPY‘to: ' ', _ �1 ' 5
ATTN:CENTRAL FILES } X ��
DIVISION OF WATER QUALITY ; ,,,r(5[CAs I'•E •F OPERATOR IN RESPONSIBLE CHARGE) (DATE)
1617 MAIL SERVICE CENTER W t.t 0 GNAT'URE,I CERTIFY THAT THIS REPORT IS
RALEIGH,NC 27699-1617 l'I�� .. ACCJ.RA•TE'AN6 COMPLETE TO THE BEST OF MY KNOWLEDGE
5005 199 • •040••. •fi,`•00310;,,00610 •00530 31616 •030••060•0066 •007E 00095 00556
O O O FLO q _ p C
P A P R EFF[xi E ' S C D N H T 0
E R E C INF [ M C R C A N U R F 0 I I 0 U N
D R R R D P E S L M I T S E E 'S0 T 5 R D IO R
A l U
A A V A 0 I E L 10 BOD ; M R I O P 5 C F S Y R P B C L E
T T R S Ph i 0 T E I A 0 0 H I
T A L D R 20C 0 0 G A
E O L 0 N Al U I N G A N D L R L E G 0 D T S
R R Y T U A N I E L D U M V N E R I I 8 E
TIME TIME S U S L E A E E E N U T V
2400 ON T R I R D EOMETR D S Y T
SITE s E MEAN Total Total
YIN MGD C UNIT UG/L MG/L MG/L fu/IOOM MG/L MG/L MG/L NTU mhoslc MGIL
1 1420 0.2 B 0.220 12 U.V
2 0.219 U.V
I. • U.V � , ;, pt . =.r)
4 • 0.219 12 U.V ' r- ^�'
5 • • 0.223 13 6.61 U.V 5.9 5 < 1
6 0.209 13 6.57 U.V 8.5 8 < 1 JUL '� 7 Z 1y
7 • • 0.231 13 6.42 U.V < 2.0 9 5 ! ,ti
8 •• • 0.207 14 U.V
9 0.226 U.V E�/"� 'Tf�Y;C' !
y.._-
10 0.226 U.V - .
11 • 0.226 14 6.52 U.V
12 •• • 0.291 14 6.47 U.V 7.1 11 12
13 •• • 0.206 14 6.58 U.V 4.5 6 28
14 • 0.211 14 6.56 U.V 3.1 • 53 3 DJ
15 1435 • 0.214 14 U.V
16 0.239 U.V
7 0.2 -, UNII ' - '
18 • 0.239 U.V
19 • Eli:
U.V 12.0 9.45 6 3800iltiltin
10 54 U.V 4.9 • V.
220.236 U.V
23 0.258 U.V JAIL 3; 'nb
24 0.258 U.V
25 H 0.258 U.V
26 915 0.3 B 0.258 16 6.52 U.V 8.0 6.51 < 5 100
27 1530 2.0 B 0.330 16 6.41 U.V 6.7 8.36 7 200
28 1108 0.3 B 0.201 15 6.61 U.V 6.7 0.26 18 93
29 1000 0.2 B 0.239 15 U.V
30 0.219 U.V
31 0.21 U.V
LVERAGE U.V. 6.3 5.44 12 26 ##### ####
r1AXIMUM U.V. 12.0 10.80 53 3800 0.0 0.00
AINIMUM U.V. 2.0 0.20 5 1 0.0 0.00
:OMP.(C)/GRAB(0) C
EONTHLY LIMIT
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Fie C1J
Water Quality Lab & Operations, Inc.
P.O. Box 1167/ 1522 Tynecastle Highway
Banner Elk, NC 28604
Ph. 828-898-6277 Fax [phone]
October 23, 2015
Mr. G. Landon Davidson, P.G.
Regional Supervisor, Water Quality Regional Operations
NCDEQ, Asheville Regional Office
2090 US Hwy 70
Swannanoa, NC 28778
Re: Town of Banner Elk, NOV-2015-LV-0657
Dear Mr. Davidson:
Concerning the above-referenced Notice of Violation, during the month of May 2015, our
back up operator for the plant did not keep the pH at a high enough level in the beginning
of the month to avoid non-compliance for Ammonia Nitrogen; however, as pH
adjustments were made later in the month, Ammonia Nitrogen results were subsequently
lower. The DMR was inadvertently marked compliant due to a clerical error.
We made note of the issue and did make adjustments to the pH at the Banner Elk WWTP,
and as a result, June 2015's Discharge Monitoring Report was compliant for Ammonia
Nitrogen.
I appreciate your time and attention to this matter; please feel free to contact me with any
questions or concerns.
Sincerely,
Jadd Brewer, ORC
Cc: Rick Owen REC. I vlI")
Division of Water Resources
OCT 2 c 2015
Water nuRlitif Peaiona!Onerationg