NC0052043_NOV2017LM0020_20170317

Certified Mail # 7015 1520 0003 5463 3050
Return Recut Requested
March 14, 2017 RECEIUEDINCDEOIDWR
Kimberly A Oddo, President MAR IS 2017
Toxaway Falls POA Inc V�eterQaa9it
PO Box 270 Permitting See ion
Lake Toxaway, NC 28747
SUBJECT: NOTICE OF VIOLATION .& INTENT TO ASSESS CIVIL PENALTY
Tracking Number: NOV-2017-LM-0020
Permit No. NCO052043
Toxaway Falls WWTP
Transylvania County
Dear Permittee:
A review -of the September 2016 Discharge Monitoring Report (DMR) for the subject facility revealed the
violation(s) indicated below:
Limit Exceeelance-Vioiat�on(•s�:--::::._ _ ::..--.- •;, -- •-- • -.: - .. .... _ ._.._._..-- - --. ,,... _._ , - _ .
Sample Limit Reported .
Location Parameter Date Value Value Type of Violation
001 Effluent Chlorine, Total Residual 9/2/2016 28 50 Daily Maximum. Exceeded
State of North Carolina I Environmental Quality I Water Resources
2090 U.S. 70 Highway, Swannanoa, NC 28778
828-296-4500
(50060)
00'1 Effluent
Chlorine, Total Residual
9/6/2016
28
50
Daily Maximum Exceeded
(50060)
001 Effluent
Chlorine, Total Residual.
9/9/2016
28
50
Daily Maximum Exceeded
(50060)
001 Effluent
Chlorine, Total Residual
9/12/2016
28
50
Daily Maximum Exceeded
(50060)
001 Effluent
Chlorine, Total Residual
9/16/2016
28
50
Daily Maximum Exceeded
(50060)
001 Effluent
Chlorine, Total Residual
9/19/2016
28
50
Daily Maximum Exceeded
(50060)
001 Effluent
Chlorine, Total Residual
9/22/2016
28
50
Daily Maximum Exceeded
(50060)
-
State of North Carolina I Environmental Quality I Water Resources
2090 U.S. 70 Highway, Swannanoa, NC 28778
828-296-4500

Limit Exceedance Violation(s):
Sample Limit Reported
Location Parameter Date Value Value' Type of Violation
001 Effluent -Chlorine, Total Residual 9/26/2016 28 50 Daily Maximum Exceeded.
(50060)
001 Effluent BOD, 5 -Day (20 Deg. C) 9/30/2016 45 50 Daily Maximum Exceeded
Concentration (C0310) -
Monitoring Violation(s):
Sample
Location Parameter
Date
001 Effluent Flow, in conduit or thru treatment 9/5/2016
plant (50050)
Reporting Violation(s):
Sample
Location Parameter
Monitoring
Frequency Type of Violation
Continuous Frequency Violation
Date Type of Violation
9/30/2016 Signature Missing
* When a permit requires "continuous flow monitoring, "then the permittee is required to report the measured flow
from the recording device even ifstaff did not visit the plant, (Using the drop, down box for 'Holiday"for
continuous flow will prevent the entry of the flow for that day.)
When reporting flow on a holiday, but not reporting other parameters, enter an 'W" on the applicable day for those
parameters that were not monitored because it was a holiday, (See Q21 in the "'FAQ Guide for EDMR.'o
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 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 thi's 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 Supervisor
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
William Wesley Royal/ ORC
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