NC0036641_LV20150017_20150206

NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory Donald R.van der Vaart
Governor Secretary
Certified Mail#7014 0510 0000 4466 0189
Return Receipt Requested
February 06,2015 • RECEIVED/DENR/DWR
David S Wack FEB 1 0 2015
Fletcher Academy Inc
PO Box 5440 Water Quality
Fletcher,NC 28732-5440 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 Permit No.NC0036641
Fletcher Academy Inc
Fletcher Academy WWTP
Case No.LV-2015-0017
Henderson County
Dear Permittee:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of$759.26($600.00 civil penalty
+$159.26 enforcement costs)against Fletcher Academy Inc.
This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report
(DMR) submitted by Fletcher Academy Inc for the month of March 2014. This review has shown the subject facility to
be in violation of the discharge limitations and/or monitoring requirements found in NPDES Permit No. NC0036641.
The violations,which occurred in March 2014,are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that Fletcher Academy Inc violated the terms, conditions or
requirements of NPDES Permit No. NC0036641 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 Environment and Natural Resources and the Director of the Division of Water
Resources, I, G. Landon Davidson, Regional Supervisor, Asheville Regional Office hereby make the following civil
penalty assessment against Fletcher Academy Inc:
2090 U.S.70 Highway.Swannanoa,NC 28778
Phone:[phone] \Internet:www.ncdenr.gov<http://www.ncdenr.gov>
An Equal Opportunity Affirmative Action Employer-Made in part by recycled paper

$100.00 1 of the 1 violations of 143-215.1(a)(6) and NPDES Permit No.NC0036641, by discharging •
waste water into the waters of the State in violation of the Permit Daily Maximum for BOD -
Conc.
$500.00 1 of the 1 violations of 143-215.1(a)(6) and NPDES Permit No.NC0036641, by discharging
waste water into the waters of the State in violation of the Permit Monthly Average for BOD -
Conc.
$600.00 TOTAL CIVIL PENALTY
$159.26 Enforcement Costs
$75926 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 Environment and Natural Resources (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:
NPDES Compliance/Enforcement Unit
Division of Water Resources
1617 Mail Service Center
Raleigh,North Carolina 27699-1617
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2

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 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:
NPDES Compliance/Enforcement Unit
Division of Water Resources
1617 Mail Service Center
Raleigh,North Carolina 27699-1617
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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 DENR as follows:
Mr.John Evans,General Counsel
Department of Environment and Natural Resources
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.
1
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1

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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 at [e-mail].
Sincerely,
for S.Jay Zimmerman,P.G.
Acting Director,Division of Water Resources,NCDENR
By G.Landon Davidson,Regional Supervisor
Water Quality Regional Operations Section
Asheville Regional Office
Division of Water Resources,NCDENR
ATTACHMENTS
Cc: WQS Asheville Regional Office-Enforcement File (w/attachments)
NPDES Compliance/Enforcement Unit-Enforcement File (w/attachments)
Central Files,Water Quality Section (w/attachments)
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JUSTIFICATION FOR REMISSION REQUEST
Case Number: LV-2015-0017 County: Henderson
Assessed Party: Fletcher Academy Inc
Permit No.: NC0036641 Amount Assessed: $759.26
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:
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j{t

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
COUNTY OF HENDERSON
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND
) STIPULATION OF FACTS
Fletcher Academy Inc )
Fletcher Academy WWTP )
)
PERMIT NO.NC0036641 ) CASE NO. LV-2015-0017
Having been assessed civil penalties totaling $759.26 for violation(s) as set forth in the assessment document of the
Division of Water Resources dated February 06. 2015, 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 (30) 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 ,20
SIGNATURE
ADDRESS
TELEPHONE

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DIVISION OF WATER RESOURCES-CIVIL PENALTY ASSESSMENT(FILE)
Violator: Fletcher Academy
County: Henderson
Case Number: LV-2015-0017
8 ASSESSMENT FACTORS
As required by G.S.143-214.6A(c),in determining the amount of the penalty I considered the factors
set out in 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;
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 Daily Max BOD exceeded the permit limit by 22.88%.
One Monthly Average BOD exceeded the permit limit by 58.33%.
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.
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 three civil penalty enforcements in the twelve months prior
to this violation.
8) The cost to the State of the enforcement procedures.
$159.26.
vZ-vCo• US—
Date G.Landon Davidson,Regional Supervisor
Water Quality Regional Operations Section
02/06/2015 Asheville Regional Office, NCDENR

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i'% -- JAMES & JAMES ENVIRONMENTAL MANAGEMENT, INC
�0 - OA PO BOX 1354,MOUNTAIN HOME,NC 28758
II, yo [phone] OFFICE
Vino [phone] FAX
�'~.0D
March,2014-DMR
Client: Fletcher Academy
NPDES PERMIT NUMBER:NC0036641
•
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-5 DAYS: 55.3 mg/1 on 3t20
47.5 mg/1 monthly average
This gave a daily maximum violation on one day and did give one monthly violation. We
determined that the cause of the violation was due to the adjustments occurring at the facility. The
representative from RF wastewater,Mr.Michael Dinges did a site visit to try to determine what if any
additional treatment options he could recommend. We have also done a filtered and unfiltered BOD and
Ammonia Study of the 4 discharge lines from cells 3 and 4 to determine the optimum source for effluent
discharge. This is a conjoined effort to find the best treatment options for this facility.
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.
t)6
any&Juanita James

(ree;11 41V
NPDES PERMIT NO. NC0036841 DISCHARGE NO. 00 ONTH MARCH YEAR 2014
FACILITY NAME FLETCHER ACADEMY,INC. 8 COUNTY HENDERSON
CERTIFIED LABORATORY(1) JAMES&JAMES ENV.MGT.,I -��.L.cos CERTIFICATION NO. 482
(list additional laboratories on the backside/page 2 of this form) ! kk.�NG'B/PB
OPERATOR IN RESPONSIBLE CHARGE(ORC) 1 NN�ETkt�A90 I RUMMEL G' 1E H CERTIFICATION NO. 994182
PERSON(S)COLLECTING SAMPLES KEN ETH JASON RUMMAJ L 2 O 21 4 ORC ' ONE 828497-0063
CHECK BOX IF ORC HAS CHANGED N`�", O�IB DISCHARGE FROM. ITIS'
1. ? 4
Mail ORIGINAL and ONE COPY to: :

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f
Facility Status:(Please check one of the following).
All monitoring data and sampling frequencies meet permit requirements
(including weekly averages,if applicable)
All monitoring data and sampling frequencies do NOT meet permit requirements © i
Noncompliant
The pennittee 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 time the'pertnittee became aware of the circumstances. A written
submission shall also be provided within 5 days of the 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 Otoperly 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."
• FLETCHER ACADEMY
- ''nee (Please p.nt or type)
r l t/ I QQ ,() F t' 4/18/2014
afore of P • ' Date
!'equired unless ubmitbed electronically
PO BOX 5335,FLETCHER,NC 28732 828-697-0063 12-31-15
Permiaee Address -Phone Number address Permit Expiration Dae
ADDITIONAL CERTIFIED LABORATORIES
Certified Laboratory(2) RESEARCH&ANALYTICAL LABORATORES,INC Certification No. 34
Certified Laboratory(3) Certification No. •
Certified Laboratory(4) Certification No.
Certified Laboratory(5) Certification No.
PARAMETER CODES
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Parameter Code assistance may be obtained by calling the NPDES Unit at(919)807-6300 or by visiting http://portal.ncdenr.orglweb/wq/swp/ps/npdes/appforms.
Use only units of measurement designated in the reporting facility's NPDES permit for reporting data. t
' 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 Site?: ORC must visit facility and document visitation of facility as required per 1SA NCAC 8G.0204.
t**Signature of Permittee: If signed by other than the pennittee,then the delegation of the signatory authority must be on
file with the state per I5A NCAC 2B.0506(b)(2XD).
•