NC0036641_LV-2016-0107_20160606

PAT'MCCRORY
Growrwr
DONALD R_ VAN DEL VAART
Secretary
Water Resources
glop: odalai.•armor,. .S. TAY :IMMERMAN
Damn
Certified Mail# 7012 1010 0002 1965 5815
Return Receipt Requested
June 06,2016
David S Wack
Fletcher Academy Inc
PO Box 5335
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.NC0036641
Fletcher Academy Inc
Fletcher Academy WWTP
Case No. LV-2016-0107
Henderson County
Dear Permittee:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of$1,113.93 ($1,000.00 civil penalty
+$113.93 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 December 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.NC0036641. The
violations,which occurred in December 2015,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.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(aX2),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
828-2964500

$0.00 0 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 Daily Maximum for BOD-Conc.
$1,000.00 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.
$1,000.00 TOTAL CIVIL PENALTY
$113.93 Enforcement Costs
$1.113.93 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(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

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 §15013-23.2)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 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 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.
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, Q
;an
For
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
GAWR'WQWcnJeemmWastewsef.Minor Fletcher.academe JGW 1.1 V-20 le-tiof

1
JUSTIFICATION FOR REMISSION REOUEST
Case Number: LV-2016-0107 County: Henderson
Assessed Party: Fletcher Academy Inc
Permit No.: NC0036641 Amount Assessed: $1.113.93
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(h)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(Le., 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 W WTP )
)
PERMIT NO.NC0036641 ) CASE NO. LV-2016-0107
Having been assessed civil penalties totaling$1.113.93 for violation(s)as set forth in the assessment document of the
Division of Water Resources dated June 06,2016,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-2016-0107
PERMIT: NC0036641 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 Month/Yr Parameter Frequency Measure Value Value Limit Type Amount
12/2/2015 12-2015 BOD,5-Day(20 Deg. 2 X month mg/I 45 46.60 3.6 Daily Maximum $0.00
C)-Concentration Exceeded
12/31/2015 12-2015 BOD, 5-Day(20 Deg. 2 X month mg/I 30 44.30 47.7 Monthly $1,000.00
C)-Concentration Average
Exceeded

DIVISION OF WATER RESOURCES-CIVIL PENALTY ASSESSMENT (File)
Violator: Fletcher Academy Inc
Facility Name: Fletcher Academy W WTP
Permit Number: NC0036641
County: Henderson
Case Number: LV-2016-0107
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 Daily Max BOD exceeded the permit limit by 3.55%.
One Monthly Average BOD exceeded the permit limit by 47.66%.
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 ten civil penalty enforcements in the twelve months prior to this violation.
8) The cost to the State of the enforcement procedures.
$113.93. 44.--•
Date G.Landon Davidson,P.G.,Regional Supervisor
Water Quality Regional Operations Section
Asheville Regional Office
Division of Water Resources,NCDEQ

NPDES PERMIT NO. 1100078861 DISCHARGE NO. 001 MONTH DECEMBER YEAR 201E
FACILITY NAME FLETCHER ACADEMY, INC. CLASS II COUNTY HENDEREON
CERTIFIED LABORATORY (1) JAMES i IAMEE ENV. MGT., INC. CERTIFICATION NO. 682
(Het additional laboratories on the batbiddpage 2 of thin Corm)
OPERATOR IN RESPONSIBLE CHARGE (ORC) KEVIN BRYAN GRADE 0 CERTIFICATION NO. 10021E0
PERSON(S)
CHECK BOX IF ORC HAS CHANGED
Mail ORIGINAL and ONE COPY to
ATTN: CENTRAL FILER I
DIVISION OF WATER QUALITY
1617 MAD. SERVICE CENTER
RALEIGH, NC 376fP-1617
KEVIN BRYAN
a
NO FLOW / DISCHARGE FROM SITE
CLRITFY THAT THIS REPORT M
LEII TO THE 2= OF MY XN0 W 1J=L
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Facility Status: (Please check one of the following)
All monitoring data and sampling frequencies meet permit requirements
(indu ft weekly avasea•, ifappllcabie)
Compiimt
All monitoring data and sampling frequencies do NOT meet permit requirements
X
Nmc�plimt
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 attaels a list of corrective actions being Wren and a time -table for improvements to be made as required by Part D.E.6 of
the NPDES permit
"I cerfify, 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 property 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 informs[ion, the information submitted is, to the best of my knowledge and beiiet 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
Pennine: (Please print or type)
Y1trtnl013 &VII C. 1/2(/2016
iguature ofPermittt r Date
(Required unless subMitned electronically)
PO BOX 5335 FLETCHER, NC 28732 828-697-0063 12-31-15
Peo>sab AdAm Nue.b. trine ms Pmmit B+qv ow
Certified Laboratory (2)
Certified Laboratory (3)
Certified Laboratory (4)
Certified Laboratory (5)
ADDITIONAL CERTIFIED LABORATORIES
RESEARCH & ANALYT[CAL LABORATORES, INC Cwtification No. 34
PARAMETER CODES
Certification No.
Certification No.
Certification No.
Parameter Code assistance may be obtained by calling the NPDES Unit at (919) 8076300 or by visiting http://portal.nedem.orgNmb/wgtswptps/npdes/appfoma•
Use only units of measurement designated in the reporting facility's NPDFS 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.
•* ORC On Site?: ORC must visit facility and document visitation of facility as required per 15A NCAC 8O.0204.
••: Signature of Permitme: If signed by other than the permittee, then the delegation of the signatory authority must be on
file with the state per 15ANCAC 2B .0506(b)(2)(D).

JAMES & JAMES ENVIRONMENTAL MANAGEMENT, INC
PO BOX 1354, MOUNTAIN HOME, NC 28758
[phone] OFFICE
[phone] FAX
December, 2015 - DMR
Client: Fletcher Academy
NPDES PERMrr NUMBER: NCO036641
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 maximm Your
facility exceeded the permit discharge limits on the items listed below:
BOD Zed—46.6mg/l
16*-42.0 mg/1
44.3 mg/l monthly average
This gave a daily maximum violation on one day and did give a monthly violation. 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 mfluent numbers to the effluent elevated numbers. The
facility has greatly improved from the summer but still has much advancement to make.
You may receive a monetary fine for this month. Thank you for your understanding in this
Thank you for choosing James & James as your service company.

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