NC0066362_NOV2017LV0112_20170217

Certified. Mail *.7015 1520 0003 5463 2848
Return Receipt Requested
February 7,2017
Nathan D Benson
PO Box 1090
Mountain Home, NC 28758-1090 RECEIVEDI GDE0 W
FEB 13 ?
SUBJECT: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY Watel• Quality
Tracking Number: NOV-2017-LV-0112 permlt(InG, Settlor,
Permit No. NCO066362
Benson Apartments WWTP
Henderson County
Dear Permittee:
A review of the October 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 Solids, Total Suspended - 10/19/2016 45 73 Daily Maximum Exceeded
Concentration (CO530)
001 Effluent Nitrogen, Ammonia Total (as 10/25/2016 27 62.8 Daily Maximum Exceeded
N) - Concentration (C0610)
001 Effluent Solids, Total Suspended - 10/25/2016 45 119 Daily Maximum Exceeded
Concentration (CO530)
001 Effluent Nitrogen, Ammonia Total (as 10/31/2016 5.4 25.82 Monthly Average Exceeded
, N) - Concentration (C0610)
001 Effluent Solids, Total Suspended - 10/31/2016 30 60.65 Monthly Average Exceeded
Concentration (C0530)
N
State of North Carolina I Environmental Quality I Water Resources
2090 U.S. 70 Highway, Swannanoa, NC 28778
828-296-4500

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. -
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 da res 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�Regi�onalipervisor-
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
G:\WR\WQ\Henderson\Wastewater\Minors\Benson Apartments 66362\NOV-NOI-2017-LV-0112.rtf