NC0083313_NOV2017LV0116_20170217

Certified Mail # 7015 1520 0003 5463 2879
Return Receipt Requested
February 8, 2017
Ruby Cole/ Secretary/ HOA/ Brookside Village Condos
c/o Kristi Brannon
Two Trails LLC
538 N Main St
Hendersonvlle, NC 28792
SUBJECT: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY
Tracking Number: . NOV-2017-LV-0116
Permit No. NCO083313
Brookside Village Condos WWTP
Henderson County
Dear Permittee:
FEB 13 2017 -
WaterQuality
IPeftitting Section
- A review-of.the O.etober:2016..Discharge,Monitoring Report (DMR) for the subject facility revealed•the violation(s)i -
indicated below:
Limit Exceedance Violation(s):
Sample
Location
Parameter
Date
Limit
Value
Reported
Value .
Type of Violation
001 Effluent
BOD, 5 -Day (20 Deg. C) -
Concentration (C0310)
10/19/2016
15
31.3
Daily Maximum Exceeded
001 Effluent
BOD, 5 -Day (20 Deg. C) -
Concentration (C0310)
10/31/2016
10
10.96
Monthly Average Exceeded
001 Effluent'
Flow, in conduit or thru
treatment plant (50050)
10/31/2016
0.005
0.0058
Monthly Average Exceeded
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 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 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 Supe isor.
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
Val Smith/ Brookside Village
.James & James Environmental/ ORC
G:\WR\WQ\Henderson\Wastewater\Mlnors\Brookside Village 83313\N0V-N0I-2017-LV-0116.rtf