NC0066362_LV20170090_20170330

.1+
Certified Mail # 70151520 0003 5463 2121
Return Receipt ReguestedReguested
March 3 0, 2017
Nathan D Benson
PO Box 1090
Mountain Home, NC 28758-1090
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. NCO066362
Nathan D Benson
Benson Apartments WWTP
Case No. LV -2017-0090
Henderson County
Dear Permittee:
RECEIVEDINC®EQIDWR
-' 0 6 2.017
WaterQuality
PrmittingSection
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $766.62 ($650.00 civil penalty +
'$11"6 :62. "enforcement costs) -against Nathan D Benson.
This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report (DMR)
submitted by Nathan D Benson for the month of September 20162016. This review has shown the subject facility to be in
violation of the discharge limitations and/or monitoring.requirehients found in NPDES WW Permit No. NC0066362. The
violations, which occurred in September 2016, are summarized in Attachment A to this .letter.
Based upon the above facts, I conclude as a matter of law that Nathan D Benson, violated the terms, conditions or
requirements of NPDES WW Permit No. NCO066362 and G.S. 143-215.l(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 Nathan -D
Benson:
State of North Carolina I Environmental Quality I Water Resources
2090 U.S. 70 Highway, Swannanoa, NC 28778
828-296-4500

1 ' }
7
400.00 4 of the 4 violations of 143-215.1(4)(6) and Permit No.NC0066362, by discharging waste water into t
the waters of the State in violation of the Permit Daily Maximum for TSS - Cone.
$250:00 1 of the 1 violations of 143-215.l(a)(6) and Permit No.N00066362, by discharging waste water into =y;.
the waters of the State in violation of the Permit Monthly Average for TSS - Cone.
$650.00 TOTAL CIVII, PENALTY
$116.62 Enforcement Costs.
$766.62 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;d'egree 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
f
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 thk1y Q 0) dys 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 (3 0) 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 maybe 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 §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: [phone]
Fax: [phone]
One (1) copy of the petition must also be served on DEQ as follows:
Mr. William F. Lane, 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 [phone] or via email [e-mail].
Sincerely,
��PaM
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:\WR\NVQ'Ilcnderson,�Vastewater`.\linors\Benson Apartments 66362TV-3017.0690.rtf

JUSTIFICATION FOR RENHSSION REQUEST
Case Number: LV -2017-0090
Assessed Party: Nathan D Benson
Permit No.: NC0066362
County: Henderson
Amount Assessed: $766.62
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
COUNTY OF HENDERSON'
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST
DEPARTMENT OF ENVIRONMENTAL QUALITY
WAIVER OF RIGHT TO AN
ADNIMSTRATIVE HEARING AND
STIPULATION OF FACTS
Nathan D Benson )
Benson. Apartments )
PERMIT NO. NCO066362 1 CASE NO. LV -2017-0090
Having been assessed civil penalties totaling $766.62 for violation(s) as set forth in the assessment document of the Division
of Water Resources dated March 30, 2017, 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
TELEPHONE

ATTACHMENT A
Nathan D Benson
CASE NUMBER: LV -2017-0090
PERMIT: NCO066362 REGION: Asheville
FACILITY: Benson Apartments 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
9/7/2016
9-2016
Solids, Total
Weekly
mg/l
45
54.70
21.6
Daily
$100.00
Suspended-
Maximum
Concentration
Exceeded
9/14/2016
9-2016
Solids, Total
Weekly
mg/1
45
90.70
101.6
Daily
$100.00
Suspended-
Maximum
Concentration
Exceeded
9/21/2016
9-2016
Solids, Total
Weekly
mg/1
45
81.40
80.9
Daily
$100.00
Suspended-
Maximum
Concentration
Exceeded
9/29/2016
9-2016
Solids, Total
Weekly
mg/l
45
69.10
53.6
Daily
$100.00
Suspended-
Maximum
Concentration
Exceeded
9/30/2016
9-2016
Solids, Total
Weekly
mg/l
30
61.00
103.5
Monthly
$250.00
Suspended-
Average
Concentration
Exceeded

DIVISION OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT (File)
Violator: Nathan D Benson
Facility Name: Benson Apartments
Permit Number: NCO066362
County: Henderson
Case Number: LV -2017-0090
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;
Four Daily Max TSS's exceeded the permit limit by 21.55%,101.55%, 80.88% & 53.55%.
One Monthly Average TSS exceeded the permit limit by 103.48%.
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 is unknown.
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 has been one civil penalty enforcement in the twelve months prior to this violation.
8) The cost to the State of the enforcement procedures.
$116.62
Date G. Landon Davidson, P.G., Regional Supervisor
Water Quality Regional Operations Section
Asheville Regional Office
Division of Water Resources, NCDEQ

NPDES PERMIT NO.: NCO066362
PERMIT VERSION: 4.0
FACILITY NAME: Benson Apartments
CLASS: WW -2
,OWNER NAME: Nathan D Benson
ORC: Shannon D James
GRADE: WW -2
ORC HAS CHANGED: No
eDMR PERIOD: 09-2016 (September 2016)
VERSION: 1.0
P G`"
I ``� E C'=3E � ��3�
E HERMIT STATUS: Active
O C T 3 1 2016 COUNTY: Henderson
ORC CERT NUMBER: 1002526
CENTRAL. FJLi S
DWR SECTION
STATUS: Processed
SAMPLING LOCATION: EFFLUENT DISCHARGE NO.: 001 NO DISCHARGE*: NO
q
a
m
ea
e
V F
F
E
E°
F
m
O
e
0
P
O
a
U
O
50050
4 Weekly
Instantaneous
Z a FLOW
00010
Weekly
Grab
TEMP -C
00400
Weekly
Grab
1PH
50060
2Xweek
Grab
CHLORINE
C0310
Weekly
Grab
ROD Cone
C0610
Weekly
Crab
NH3-N-Cooc
C0530
Weekly
Grab
TSS -Coq
31616
2X month
Grab
FCOLIBR
2400 clock
Hrs
2400 clock
firs
YBM
mgd
deg c
so
ug/I
mg/1
mg/l
#/100ml
1
1614
0.2
Y
2
1610
0.2
Y
<15
3
4
5
HOLIDAY
6
1639
0.25
Y
7
1447
0.5
Y
0.007
26.2
6.6
j<15
14.1
0.1
54.7
<2 -
8
1550
0.17
Y
9
1500
10.23
Y
<15
10
11
12
1225
0.33
Y
13
1654
0.15
Y
14
1135
0.58
Y
0.0095
26.3
6.9
<15
20.3
0.2
90.7
<2
15
1907
.08
Y
16
1705
0.15
Y
< 15
17
..
_.._........ _......._..._._
18
-
19 .
1157
033
Y
< 15
20
1559
0.2
Y
21
1120
0.58
Y
10.007
24.7
6A
<15
11.5
0.3
81.4
<2
22
1615
0.12
Y
23
1645
0.08
Y
24
25
26
1605
0.25
Y
27
1637
0.17
Y
< 15
8.71
9.32
28
1555
0.17
Y
29
1215
0.5
Y
0.007
24.2
6.9
<15
13.6
0.272
1 69.1
< 1
30
1530
0.13
Y
Monthly Average Limit: 0.008
30
5.4
130
200
Monthly Average: 0007625
25.35
0
13.762
0.218
61.044
I .
Daily Maximumq 0.0095
26.3
6.9
0 '
20.3
03
90.7
0
Daily Minimum: 0,007
24.2
6.4
0
8.71
0.1
9.32
0
****No Reporting Reason: ENFRUSE =No Flow-ReuseJRecycle; ENVWTHR=No Visitation -Adverse Weather, NOFLOW=No Flow; HOLIDAY=NoVisitation- Holiday
' Oiv,� D , f Wat9r
;,,OV /
7 2016 I

- 'NPDES PERMIT NO.: NC0066362
° FACILITY NAME: Benson Apartments
OWNER NAME: Nathan D Benson
GRADE: WW -2
eDMR PERIOD: 09-2016 (September 2016)
PERMIT VERSION: 4.0 PERMIT STATUS: Active
CLASS, WW -2 COUNTY: Henderson
ORC: Shannon, D James. ORC CERT NUMBER: 1002526
ORC HAS CHANGED: No
VERSION: 1.0 STATUS: Processed
Report Comments:
On the 21st, BOD data valid; Blank was >0.20mg/L. On the 7th and 21st, BOD data valid; GGA was greater than 228.5mg/L. The percent removal for your facility for the
month of September on the Ammonia Nitrogen was 99.00%. This facility experienced a strong influx of grease into the facility. The facility was pumped from the aeration
basin, chlorine contact chamber and the pump tank. The facility regained compliance and has greatly improved in the month of October.

JAMES & JAMES ENVIRONMENTAL MANAGEMENT, INC
PO BOX 519, MOUNTAIN HOME, NC 28758
[phone] OFFICE
[phone] FAX
September, 2016
Client: BENSON APARTMENTS
NPDES PERMIT NUMBER: NC0066362
Enclosed is the information with regard to the percent removal as. is required on the DMR. This
information is required to be submitted on a form attached with the DMR for the month being submitted.
Therefore:
Below is the percent removal for the above stated month for your system:
BOD — 5 DAY:
96.00%
AMMONIA NITROGEN:
99.00%
This facility was non-compliant for Total Suspended Solids:
-- -
7h 54.7 mg/l 14'' 90.7 mg/l 215` 81.4 mg/l '296169.1 mg/l
Monthly Average: 61.0 mg/1
This -facility experienced a strong influx of grease into the facility. The facility waspumped from the
aeration basin, chlorine contact chamber and the pump tank. The facility regained compliance has greatly
improved in the month of October. Aluminum Sulfate and Soda Ash were added to settle out the grease
and age the remaining bacteria. We continue to monitor this facility closely with regard to the type influent
we receive. Thank you for your understanding with the challenges of this facility.
Please find enclosed a copy of the Discharge Monitoring Report (DMR) for last month. This report and
one copy have been sent to the State on your behalf. Please place this report in your file for future
reference.
Thank you for choosing James & James as your service company.
Juita James

Permit Enforcement History Details by Owner
Owner: Nathan D Benson
Facility : Benson Apartments
Permit: NCO066362
Region : Asheville County Henderson
Penalty . Remission l ' Enf Enf
Assessment Penalty Enforcement Request Conf Remission
Case MR Approved Amount Costs Damages Received . Held Amount
Number
LV -2009-0134 2-2009 5/1/09 $450.00 $65.00
6/11/09 10/3/09 $0.00
EMC EMC OAH Collection
Hearing Remission Remission MemoSent Total
Held Amount Amount To AGO Paid
$515.00
(1!'�&
3/30/2017
1
Has
Balance Pmt Case
Due Plan Closed
$0.00 No 7/30/10
LV -2009-0398
7-2009
11/4/09
$200.00
$67.00
11/11/09 1/20/10
$0.00
$267.00
$0.00 No
7/30/10
LV -2010-0118
12-2009
5/5/10
$900.00
$67.00
5/12/10 7/12/10
$0.00 5/12/11 $0.00
$967.00
$0.00 No
8/1/11
LV -2010-0137
1-2010
5/6/10
$850.00
$67.00
6/5/10 8/7/10
$0.00 5/12/11 $0.00
$917.00
$0.00 No
8/1/11
LV -2010-0179 2-2010 6/16/10 $312.50 $67.00 7/13/10 4/19/11 $0.00 1/12/12 $156.25 $223.25 $0.00 No 8/27/12
LV -2010-0207
3-2010
7/1/10
$437.50
$67.00
7/13/10 4/19/10
$0.00
1/12/12
$218.75
$285.75
$0.00 No
8/12/12
LV -2010-0267
4-2010
8/17/10
$437.50
$67.00
9/20/10. 4/17/11
.r
$0.00
1/12/12
$218.75
$285.75
$0.00 No
8/27/12
LV -2010-0310
5-2010
9/14/10
. $1,000.00
$67.00
9/23/10 ':4/19/11
$0.00
1/12/12
$500.00
$567.00
$0.00 No
3/12/12
LV -2010-0374
6-2010
11/18/10 $1,275.00
$67.00
12/20/10'7/25/11
$0.00
1/12/12
$637.50
$704.50
$0.00 No
8/12/12
LV -2011-0008
7-2010
1/12/11
$375.00
$67.00
2/12/11:
$0.00
1/12/12
$187.50
$254.50
$0.00 No
8/19/12
LV -2011-0010
8-2010
1/12/11
$200.00
$67.00
2/12/11. 7/25/11
$0.00
1/12/12
$100.00
$167.00
$0.00 No
8/12/12
LV -2016-0040 6-2015 1/28/16 $250.00 $159.26 2/19/16 5/3/16 $0.00 $409.26 $0.00 No 7/13/16
LV -2016-0064 7-2015 3/2/16 $100.00 $158.22 $258.22 $0.00 No 7/13/16
LV -2016-0136
3-2016
7/26/16
$450.00
$112.94
$562.94 $0.00 No 8/10/16
LV -2016-0171
4-2016
8/29/16
$100.00
$112.94 9/9/16 10/4/16 $0.00
$212.94 $0.00 No 11/17/16
LV -2017-0021
8-2016
1/20/17
$550.00
$116.62 2/9/17. 3/7/17 $0.00
$666.62 No

3/30/2017
2
Total Cases: 16 Total Penalty Amount: $7,888 Total Enforcement Cost; $1,394.98 Sum Of Total Paid:$6,597.11
Total Balance Due: $666.62
Sum of Total Case Penalties $9,282.48 Total Penalties After Remissions: $7,263.73