NC0034924_NOV2017LV0055_20170117

Certified Mail # 7015 1520 0003 5463 1575
Return Receipt Requested
January 24, 2017
Roger C Floren, II
Flesher's Fairview Rest Home
PO Box 1160
Fairview, NC 28730-1160
SUBJECT: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY
Tracking Number: NOV-2017-LV-0055
Permit No. NCO034924
Flesher's Fairview Rest Home WWTP
Buncombe County
Dear Permittee:
JAN 3 1 2017
Nater Quality
permitting Section
A review of the September 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) - 9/14/2016 45 65.7 'Daily Maximum Exceeded
Concentration (C0310)
R
001 Effluent BOD, 5 -Day (20 Deg. C) - 9/20/2016 45 62.3 Daily Maximum Exceeded
Concentration (C0310)
001 Effluent BOD, 5 -Day (20 Deg. C) - 9/27/2016 45 67.2 Daily Maximum Exceeded
Concentration (C0310)
001 Effluent BOD, 5 -Day (20 Deg. C) - 9/30/2016 30 50.9 Monthly Average 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.
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 c ,
ompliance 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
NPDES Compliance/Enforcement Unit - Enforcement File
James & James Environmental/ ORC,
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