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HomeMy WebLinkAboutNC0036641_LV20160132_20160726Yt..id-V es tr s Certified Mail # 7012 1010 00021965 6942 Return Receipt Requested July 26, 2016 David S Wack Fletcher Academy Inc PO Box 5440 Fletcher, NC 28732-5440 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. NCO036641 Fletcher Academy Inc Fletcher Academy WWTP Case No. LV -2016-0132 Henderson County Dear Permittee: RECEIV MCDEQ/ IVR AUG 0 3 2016 Water Quality Permitting Vection This.letter transmits a Notice of Violation and assessment of civil penalty in the amount of $4,512.94 ($4,400.00 civil penalty + $112.94 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 February 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. NC0036641. The violations, which occurred in February 2016, 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 WW Permit No. NCO036641 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 Fletcher Academy Inc: State of North Carolina I Environmental Quality I Water Resources 2090 U.S. 70 Highway, Swannanoa, NC 28778 828-296-4500 $400.00 1 of the 2 violations of 143-215.1(a)(6) and Permit No.NC0036641, by discharging wastewater into the waters of the State in violation of the Permit Daily Maximum for BOD - Cone. $2,000.00 1 of the 1 violations of 143-215.1(a)(6) and Permit No.NC0036641, by discharging waste water into the waters of the State in violation.,of the Permit Monthly Average for BOD - Conc. $2,000.00 1 of the 1 violations of 143-215.1(a)(6) and Permit No.NC0036641, by discharging waste water into the waters of the State in violation of the Permit Monthly Average for N113 -N - Cone. $4,400.00 TOTAL CIVIL PENALTY $112.94 Enforcement Costs $4,512.94 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 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 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 Q 0Lys 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 byNCGS §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: (919) 431-3000 Fax: (919) 431-3100 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 ail 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 (828) 296-4667 or via email atjanet.cantwell@ncdenr.gov. 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 James & James Environmental/ ORC G' R IY.tV(j Efendarwn`;lVnste +ater:Alimxs Fletche, Acadewy 3664`a,Y.2U1ii 01 ni JUSTIFICATION FOR REMISSION REQUEST Case Number: LV -2016-0132 Assessed Party: Fletcher Academy Inc Permit No.: NC0036641 County: Henderson Amount Assessed: $4,512.94 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: 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 Fletcher Academy Inc ) Fletcher Academy WWTP ) PERMIT NO. NCO036641 ) CASE NO. LV -2016-0132 Having been assessed civil penalties totaling $4,512.94 for violation(s) as set forth in the assessment document of the Division of Water Resources dated July 26, 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 (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 ATTACHMENT A Fletcher Academy Inc CASE NUMBER: LV -2016-0132 PERMIT: NCO036641 REGION: Asheville FACILITY: Fletcher Academy WWTP COUNTY: Henderson LIMIT VIOLATION(S) SAMPLE LOCATION: Outfall 001 - Effluent Violation Report Unit of Limit Calculated % Over Violation Penalty Date MonthNr Parameter Frequency Measure Value Value Limit . Type Amount 2/4/2016 2-2016 BOD, 5 -Day (20 Deg. 2 X month mg/I 45 57.80 28.4 Daily Maximum $400.00 C) - Concentration Exceeded . 2/25/2016 2-2016 BOD, 5-Day.(20 Deg. 2 X month mg/I 45 46 2.2 Daily Maximum $0.00 C) - Concentration Exceeded 2/29/2016 2-2016 BOD, 5 -Day (20 Deg. 2 X month mg/I 30 41.60 38.6 Monthly $2,000.00 C) - Concentration Average Exceeded 2/29/2016 2-2016 Nitrogen, Ammonia 2 X month mg/I 11 16.10 46.1' Monthly $2,000.00 Total (as N) - Average Concentration Exceeded DIVISION OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT (File) Violator: Fletcher Academy Inc Facility Name: Fletcher Academy WWTP Permit Number: NCO036641 County: Henderson Case Number: LV -2016-0132 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 BODS exceeded the permit limit by 28.44 % & 2.22%. One Monthly Average BOD exceeded the permit limit by 38.55%. One Monthly Average Ammonia Nitrogen exceeded the permit limit by 46.13%. 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 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 eleven civil penalty enforcements in the twelve months prior to this violation. 8) The cost to the State of the enforcement procedures. $112.94. Date G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDEQ Permit Enforcement History Details by Owner�� 7/ 16 1 Owner Fletcher Academy Inc Facility : Fletcher Academy WWTP Permit: NCO036641 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 Amount Costs Damages Received Held Amount Held Amount Amount To AGO Paid Due Plan Closed Number LV -1998-0063 8/14/98 $1,250.00 $1.50;83 9/15/98 12/8/98 $250 $1,150.83 $0.00 No 4/6/99 LV -1999-0428 10/29/99 $3,750.00 $120.98 .11/30/99 2/2/00 $0 $3,870.98 $0.00 No 2/22/00 LV -1999-0482 11/19/99 $250.00 $120.98 $370.98 $0.00 No 12/17/99 LV -2000-0172 5/24/00 $1,000.00 $120.98 $1,120.98 $0.00 No 7/11/00 LV -2000-0284 7/21/00 $1,500.00 $120.98 $1,620.98 $0.00 No 8/21/00 LV -2001-0252 8/2/01 $250.00 $122.04 $372.04 $0.00 No 8/21/01 LV -2001-0286 8/21/01 $2,750.00 $122.04 $2,872.04 $0.00 No 10/1/01 LV -2002-0480 10/1/02 $250.00 $122.04 $372.04 $0.00 No 10/29/02 LV -2004-0188 4-2004 6/14/04 $500.00 $100.00 $600.00 $0.00 No 7/13/04 LV -2005-0216 4-2005 6/28/05 $750.00 $100.00 $0.00 $850.00 $0.00 No 8/9/05 LV -2006-0179 4-2006 6/15/06 $250.00 $100.00 $350.00 $0.00 No 7/14/06 LV -2006-0219 3-2006 7/5/06 $350.00 $100.00 $450.00 $0.00 No 8/8/06 LV -2006-0391 6-2006 10/12/06 $450.00 $208.56 $658.56 $0.00 No 11/20/06 LV -2006-0402 7-2006 10/17/06 $250.00 $208.57 $458.57 $0.00 No 11/20/06 LV -2007-0023 10-2006 1/22/07 $500.00 $208.57 $708,56 $0.00 No 2/28/07 LV -2007-0277 3-2007 7/13/07 $562.50 $208.57 $771.06 $0.00 No 8/10/07 7/25/2016 2 LV -2007-0400 4-2007 10/12/07 $1,000.00 $208.57 12/7/07 $0 $1,208.57 $0.00 No 3/25/08 LV -2007-0411 5-2007 11/13/07 $125.00 $70.00 $195.00 $0.00 No 12/18/07 LM -2009-0022 2-2009 5/1/09 , $500.00 $65.00 LV -2009-0150 8-2009 5/12/09 $500.00 $65.00 $565.00 $0.00 No 6/8/09 $565:00 $0.00 No 6/8/09 LV -2009-0231 4-2009 7/21/09 $500.00 $65.00 8/26/09 10/13/09 $0 $565.00 $0.00 No 7/13/10 LV -2010-0198 3-2010 6/29/10 $250.00 $67.00 $317.00 $0.00 No 7113/10 LM -2011-0002 7-2010 7/31/10 $600.00 $67.00 $667.00 $0.00 No 2/9/11 LM -2010-0031 4-2010 8/24/10 $450.00 $67.00 $517.00 $0.00 No 9/14/10 LM -2010-0032 5-2010 8/24/10 $200.00 $67.00 $267.00 $0.00 No 9/14/1.0 LV -2011-0260 1-2011 1/31/11 $312.50 $142.00 $454.50 $0.00 No 11/17/11 LV -2011-0274 2-2011 11/1/11 $312.50 $142.00 1/23/13 $454.50 $0.00 No 2/4/13 LV -2011-0286 4-2011 12/12/11 $875.00 $142.00 $1,017.00 $0.00 No 12/13/11 LV -2012-0043 9-2011 3/16112 $100.00 $137.00 $237.00 $0.00 No 4/18/12 LV -2012-0101 10-2011 6126/12 $200.00 $137.00 7/26/12 $337.00 $0.00 No 11/25/12 LV -2012-0134 1-2012 7/24/12 $625.00 $137.00 7/28/12 $762.00 $0.00 No 8/28/12 LV -2012-0135 2-2012 7/24/12 $625.00 $137.00 7/28/12 $762.00 $0.00 No 8/28/12 LV -2013-0099 12-2012 5/20/13 $500.00 $137.00 $637.00 No LM -2013-0022 2-2013 7/22/13 -$500.00 $137.00 8/2/13 12/9/13 $250 $387.00 $0.00 No 1/28/14 LM -2013-0023 3-2013 7/22/13 $500.00 $137.00 8/2/13 12/9/13 $250 $387.00 $0.00 No 1/28/14 LV -2013-0140 4-2013 7/22/13 $1,400.00 $137.00 8/2/13 12/9/13 $700 $837.00 $0.00 No 1/28/14 LV -2014-0047 1-2014 4/29/14 $500.00 $147.50 9/12/14 $647.50 $0.00 No 9/29/14 LV -2015-0017 3-2014 2/6/15 $600.00 $159.26 6� 25/20 6 $759.26 $0.60 No 3116/15 LV -2015-0019 4-2014 2/6/15 $1,000.00 $159.26 $1,159.26 $0.00 No 3/16/15 LV -2015-0020 5-2014 2/6/15 $600.00 $159.26, $759.26 $0.00 No 3116/15 LV -2015-0022 6-2014 2/6/15 $700.00 $159.26 $859.26 $0.00 No 3/16/15 LV -2015-0023 7-2014 2/6/15 $875.00 $159.26 $1,034.26 $0.00 No 3/16/15 LV -2015-0053 8-2014 4/8/15 $875.00 $159.26 $1,034.26 $0.00 No 5/8/15 LV -2015-0054 10-2014 4/8/15 $1,350.00 $159.26 $1,509.26 $0.00 No 5/8/15 LM -2015-0008 1-2015 5/19/15 $150.00 $159.26 $309.26 No LV -2015-0263 2-2015 11/13/15 $750.00 $159.26 $909.26 No LV -2015-0264 3-2015 11/13/15 $1,000.00 $159.26 $1,159.26 No LV -2015-0266 4-2015 11/16/15 $2,800.00 $159.26 12/14/15 2/2/16 $0 $2,959.26 $0.00 No 2/22/16 LV -2016-0018 5-2015 1/19/16 $2,800.00 $159.26 $2,959.26 No LV -2016-0036 6-2015 1/27/16 $2,200.00 $159.26 $2,359.26 No LV -2016-0046 7-2015 1/28/16 $1,800.00 $159.26 $1,959.26 No LV -2016-0048 8-2015 1/29/16 $1,400.00 $159.26 $1,559.26 No LV -2016-0105 9-2015 6/3/16 $400.00 $113.93 $513.93 $0.00 No. 7/8/16 LV -2016-0106 11-2015 6/3/16 $2,000.00 $113.93 $2,113.93 $0.00 No 7/8/16 LV -2016-0107 12-2015 6/3/16 $1,000.00 $113.93 $1,113.93 $0.00 No 7/8/16 Total Cases: 55 Total Penalty Amount: $47,488 Total Enforcement Cost: " $7376.90 Sum Of Total Paid: $41,562.56 Total Balance Due: $11,851.82 Sum of Total Case Penalties: $54,864,40 Total Penalties After Remissions: $53,414.38 f NPDES PERMIT NO. NCO036641 DISCHARGE NO. 001 MONTH FEBRUARY YEAR 2016 FACILITY NAME FLETCHER ACADEMY, INC. CLASS II COUNTY HENDERSON CERTIFIED LABORATORY (1) JAMES & JAMES ENV. MGT., INC. CERTIFICATION NO. 482 (list additional laboratories on the backside/page 2 of this form) OPERATOR IN RESPONSIBLE CHARGE (ORC) SHANNON JAMES GRADE II CERTIFICATION NO. 1002130 PERSON(S) COLLECTING SAMPLES, SHANNON JAMES' ORC PHONE 828697-0063 CHECK BOX IF ORC HAS CHANGED NO FLOW / DISCHARGE FROM SITE + Mail ORIGINAL and ONE COPY to: ATTN: CENTRAL FILES 3/24/2016 DIVISION OF WATER QUALITY iilQl�5Ft3IQ3iS1 ELFlA1ZLJEj��DAIL 1617 MAII SERVICE CENTER BY THIS SIGNATURE, I CERTIFY THAT THIS REPORT IS RAI G NC 27699.1617 ACCURATE AND COMPLETE TO THE BEST OF MY KNOWLEDGE. . t;I 50050 I.00010 1 00400 1 50060 1 0031000610 00530 31616 08096 38268 00300 00600 00665 S FLOW�*y7 _ Q m �S EFF■m OP4 p, '.} W A C" �� a INb'❑W a4W F. �O O"o OC F�� U�S � C� FO �a O O F U- ��,. pgev P4 FHS WWi.7g v1 O m �7 W e vl F O o O Q dia Weetioo HRS HRS Y/WN MGD C UNITS Ur/L'. MGlL MG/L MG/L wI00ML Dnmosrcm MGII. MGM MG/L MG/L 1 1350 0.55 Y 0.027.r 2 1505 0.50 Y 0:045 <15 ? ''' - v = 3 1442 0.75 Y 0.119 - fill 4 1320 1.58 Y 1 0.046 9.6 7.2 <15 57.8 10.6 26.7 <4.0 505 <0.1 9.9 5 1605 0.63 Y 1 0.029 6 0.00 0.023 7 0.00 0.023 8 1430 0.75 Y 0.023 9 1700 0.42 1 Y 0.045 io 1400 1.50 1 Y 0.037 4.7 7.5 <15 sso 1 Y <15 Waa AVERAGE 0.044 7.8 = 0.0 41.6 3 k,16.11121.2 4.0 1 484.0 0.0 1 9.4 MAXIl" 0.119 9.7 7.5 <15 --5W i 9.0 26.7 <4.0 549.0 <0.1 9.9 0.0 0.0 MINIMUM 0.023 4.7 7.2 <15 20.9 10.6 15.6 <4.0 504.5 <0.1 9.1 0.0 0.0 Comp. / Grab G CONT G G G C C C G G G G C C Monthly Limit 0.10 NL 1 8-9 28 1 30/45 1 11/35 90/1361200/400 NL NL NL NL NL DWQF.mM -1(UM) . joy ��- �Zo�� Z®/6 �O/� `l-1/� 03� a 8Z �G�/� - p13� Facility Status: (Please check one of the following) All monitoring data and sampling frequencies meet permit requirements El(including weekly averages, ifapplicable) Compliant All monitoring data and sampling frequencies do NOT meet permit requirements FX Noncompliant The permittee 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 permittee 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 H.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 properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who managed the system, or those persons directly responsible forgathering 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 Permittee (Please print or type) 3/24/2016 SVhature of Permittee Date (Required unless submitted electronically) PO BOX 5335, FLETCHER, NC 28732 828-697-0063 12-31-15 PemmtmAd&= _ PSaaeN� e-mail addraw PemutEVM&0nD21e ADDITIONAL CERTIFIED LABORATORIES Certified Laboratory (2) RESEARCH & ANALYTICAL LABORATORES, INC Certification No. Certified Laboratory (3) Certification No. Certified Laboratory (4) Certification No. Certified Laboratory (5) Certification No. PARAMETER CODES 34 Parameter Code assistance may be obtained by calling the NPDES Unit at (919) 807-6300 or by visiting http://portal.nedenr.orghvebAvq/swp/ps/npdes/appfonns. Use only fonts of measurement designated in the reporting facility's NPDES permit for reporting data * 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. ** ORO On Site?. ORC'musf visit facility and document visitation of facility as required per 15A NCAC 8G.0204. *** Signature of Permittee: If signed by other than the permittee, then the delegation of the siguatory authority must be on file with the state per 15A NCAC 2B .0506(b)(2)(D). h PO BOX 1354, MOUNTAIN HOME, NC 28758 (828) 697-0063 OFFICE (828) 697-0065 FAX February, 2016 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 57.8 mg/1 on the 4d' 41.6 mg/1 monthly average Ammonia Nitrogen 16.1 mg/1 monthly average FLOW 0.119 MGD on the 3rd This gave a daily maximum violation on one day and did give two monthly violations. We believe the cause of the violation was due to the ongoing issues of the facility. We are continuing to do the process control monitoring to attempt to see a trend in the influent numbers to the effluent elevated numbers. The facility has greatly improved from the summer but, still has much advancement to make. The flow violation was directly related to the 10.8" of rain received in a 24 hour period as documented by the NOAA Weather Station.' Please also note that the BOD percent removal for the month of February, 2016 is 89.32 %. This exceeds the 85% removal rate typically established by the State for a facility to be considered efficiently operating. While the effluent result is non-compliant, the facility is getting the reduction expected. Thank you for choosing James & James as your service company. Juanita James