NC0034924_NOV2016LV0627_20161116

Certified Mail #1014 0510 0000 4466 4354
Return Receipt Requested
November -30, 2016
Roger C Floren, II �' " 0 7 2016
Flesher's Fairview Rest Home
OuaiitY
r -.".
PO Box 1160 l ,
ng Section
Fairview, NC 28730-1160
SUBJECT: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY
Tracking Number: NOV-2016-LV-0627
Permit No. NCO034924
Flesher's Fairview Rest Home WWTP
Buncombe County
Dear Permittee:
A review of�the August 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
001 Effluent
BOD, 5 -Day (20 Deg. C) -
8/23/2016 45 64.3 Daily Maximum Exceeded .
Concentration (CO3.10)
001 Effluent
BOD, 5 -Day (20 Deg. C) -
8/30/2016 45 66.2 Daily Maximum Exceeded
Concentration' (C0310)
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.
i
State of North Carolina I Environmental Quality I Water Resources
2090 U.S. 70 Highway, Swannanoa, NC 28778
828-296-4500

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 responseis 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,
C
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
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