NC0025933_LV20170095_20170330

Certified Mail # 70151520 0003 5463 2176
Return Receipt Requested
March 3 0, 2017
Deborah Harrell, President RECEIVE®INCn8QIDWR
Days Inn of Candler, Inc. APR 0 d 2017
1872-A Montreal Rd Waterayanty
Tucker, GA 30084-5709 Permitting section
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. NC0025933
Days Inn of Candler, Inc.
Days Inn West WWTP
Case No. LV -2017-0095
Buncombe County
Dear Permittee:
This lettptr transmits a NTatice of V.t.Qlatxpnand ssessment of civil penalty �n the amount of $366 f2 (250 OQ civil epalty +
-.-- -
5116.62 enforcement costs) against Days Inn of Candler, Inc...
This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report (DMR)
submitted by Days Inn of Candler, Inc. for the month of September 2016. 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. NC0025933. 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 Days Inn of Candler, Inc. violated the terms, conditions or
requirements of NPDES WW Permit No. NCO025933 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(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 fmdings 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 Days Inn
of Candler, Inc.:
State of North Carolina I Environmental Quality I Water Resources
2090 U.S. 70 Highway, Swannanoa, NC 28778
828-296-4500

$250.00 1 of the 1 violations of 143-215.1(a)(6) and Permit No.NC0025933, by discharging waste water into
the waters of the State in violation, of the Permit Monthly Average for NH3-N - Conc.
$250.00 'TOTAL CIVIL PENALTY
$116.62 Enforcement Costs
$366.62 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 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 ghould� be mdde directly<to thy;.;c�rtler. of the Department of Environmental Quality (do not include yvaiuer
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
r
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 Q0) dys of receipt of this
r 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 §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: (919) ,733-2698
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/tiiiiie received stamp (not:a postmark will`re`sulf ui-this=matter`being'referre d 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,
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:\6VR\R'Q\13uncombe,Wastewater\\iinors\Day:sInn West 2593 3\1.V-2017-0095.af

JUSTIFICATION FOR REMISSION REQUEST
Case Number: LV -2017-0095
Assessed Party: Days Inn of Candler, Inc.
Permit No.: NC0025933
County: Buncombe
Amount Assessed: $366.62
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. 14313-282.1(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 DEPARTMENT OF ENVIRONMENTAL QUALITY
COUNTY OF BUNCOMBE
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
Days Inn of Candler, Inc. )
Days Inn West WWTP )
PERMIT NO. NCO025933 ) CASE NO. LV -2017-0095
Having been assessed civil penalties totaling $366.62 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 (3 0) days of receipt of the notice
of assessment. No new evidence in support of a remission request will be allowed after (3 0) days from the receipt of the
notice of assessment.
This the day of , 20
SIGNATURE
ADDRESS
TELEPHONE

PERMIT: NCO025933
FACILITY: Days Inn West WWTP
LIMIT VIOLATION(S)
SAMPLE LOCATION: Outfall 001 - Effluent
ATTACHMENT A
Days Inn of Candler, Inc.
CASE NUMBER: LV -2017-0095
REGION: Asheville
COUNTY: Buncombe
Violation Report
Unit of Limit Calculated % Over Violation Penalty
Date Month/Yr. Parameter
Frequency Measure Value Value Limit Type Amount
9/30/2016 9-2016 Nitrogen, Ammonia
Weekly mg/I - 4.70 6.80 44.0 Monthly $250.00
Total (as N) -
Average
Concentration
Exceeded
--
r

DIVISION OF WATER RESOURCES - CIVIL, PENALTY ASSESSMENT (File)
Violator: Days Inn of Candler, Inc.
Facility Name: Days Inn West WWTP
Permit Number: NCO025933
County: Buncombe
Case Number: LV -2017-0095
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 Monthly Average Ammonia Nitrogen exceeded the permit limit by 44%.
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. t
.b).... -, - 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 no civil penalty enforcements 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

LV -2007-0024 7-2006 1/19/07 $250.00 $126.82
$376.82 $0.00 No 2/13/07
LV -2017-0095 9-2016 3/30/17 $250.00 $116.62 $366.62 No
Total Cases: 2 Total Penalty Amount: $500 Total Enforcement Cost: $243.44 Sum Of Total Paid: $376,82
Total Balance Due: $366.62
Sum of Total Case Penalties:. $743.44 Total Penalties After Remissions: $743.44
f -
Permit Enforcement History,Details by Owner
3/31/2017
1 `
Owner:
Days Inn of Candler, Inc.
Facility:
Days Inn West WWTP
Permit:
NCO025933
Region :
Asheville
County Buncombe
Penalty
Remission Enf Enf EMC EMC OAH Collection
Has
Assessment
Penalty Enforcement Request Conf Remission Hearing Remission Remission MemoSent
Total
Balance Pmt Case
Case
MR Approved
Amount Costs Damages Received Held Amount Held Amount Amount To AGO
Paid
Due' Plan Closed
Number
LV -2007-0024 7-2006 1/19/07 $250.00 $126.82
$376.82 $0.00 No 2/13/07
LV -2017-0095 9-2016 3/30/17 $250.00 $116.62 $366.62 No
Total Cases: 2 Total Penalty Amount: $500 Total Enforcement Cost: $243.44 Sum Of Total Paid: $376,82
Total Balance Due: $366.62
Sum of Total Case Penalties:. $743.44 Total Penalties After Remissions: $743.44

NPDES PERMIT NO.: NCO025933
FACILITY NAME: Days Inn West WWTP
OWNER NAME: Days Inn of Candler, Inc.
GRADE: WW -2
eDMR PERIOD: 09-2016 (September 2016)
PERMIT VERSION: 4.0_ 1r^° „ PERMIT STATUS: Active '
CLASS: WW -2 f� �' _y A COUNTY: Buncombe
U
ORC: Kenneth Jason Rummel . C T 3 Z O 1 G ORC CERT NUMBER: 994182
ORC HAS CIIANGED: No CENTRAL FILES
VERSION: 1.0 DV1 R SECTION STATUS: Processed
SAMPLING LOCATION: EFFLUENT DISCHARGE NO.: 001 NO DISCHARGE*: NO
u
n
'
8
E8
F
o
U
�i
O
rn
c
E
O
50050
d' m
n * Weekly
U a ' Instantaneous
d
O z° GZ FLOW
00010
Weekly
Grab
TEMP -C
00400
Weekly
Grab
pH
50060
2Xweek
Grab
CHLORINE
C0310
Weekly
Grab
BOD -C oac
C0610
Weekly
Grab
NH3-N - Co a
C0530
Weekly
Grab
TSS - Cone
31616
Weekly
Grab
FCOLI BR
2400 clock
Hrs 2400 clock
I Hrs
Y/B/N mgd
deg c
an
ugA
mg/I
g/l
mg/I
W100ml
1
1145
1.08
Y
2
1345
.83
Y
3
4
5
HOLIDAY
6
1445
1.0
Y
<15
7
1110
.75
Y 0.0025
25.2
6.6
< 15
2.24
0.427
9.77
< 1
8
1145
.67
ly
9
1435
.83
Y
10
11
12
1420
t.92Y
< 15
13
1155
Y 10.002
25.8
6.7
< 15
9.53
0.251
5.71
1
14
1135
10.5
Y
15
1045
1.0
Y
16
0950
.83
Y
17
is
19
1415
1.33
Y
< 15
20
1140
11.58
Y
< 15
21
1125.
1.92
Y
22
1410
.83
Y
23
1140
.83
Y 0.003 -
25.9
6.8
31.2
132
6.83
< 1
24
25
26
1545
.75
Y
< 15
27
11240
1.50
Y 0.0035,
25.8
6.8
<15
8.53
13.2
11.1
<2
28
1015
.67
Y '
29
1440
.42
Y
30
1130
.67
Y
Monthly Average Limit: 0.02
30
4.7
30
200
Monthly Average: 0.00275
25.675
0
12.875
6.7695
8.3525
11
Daily Maximum: 0.0035
25.9
16.8
0
312
13.2
11.1
1
Daily Minimum: 0.002
25.2
6.6
0
2.24
0.251
5.71
0
****No Reporting Reason: ENFRUSE=No Flow-Reuse/Recycle; ENVWTHR=No Visitation -Adverse Weather, NOFLOW=No Flow; HOLIDAY =No Visitation -Holiday
RECEIVED/N/OS
sion of Water Rea1wraes :� - 4 ! - QO
NOV6.6
- 7 2016
3v ,LV- ZoR 0 9
Water 01 M11ty Reryional Operations {
_ :1s_sk_ 47,_aionaf Office__ .....

NPDES PERMIT NO.: NCO025933
FACILITY NAME: Days Inn West W WTP
OWNER NAME: Days Inn of Candler, Inc.
GRADE: WW -2
eDMR PERIOD: 09-2016 (September 2016)
COMPLIANCE:
PERMIT VERSION: 4.0
CLASS: WW -2
ORC: Kenneth Jason Rummel
ORC HAS CHANGED: No
VERSION: 1.0
CONTACT PHONE.#: [phone]
PERMIT STATUS: Active
COUNTY: Buncombe
ORC CERT NUMBER: 994182
STATUS: Processed
SUBMISSION DATE: 10/25/2016
10/25/2016
ORC/Certifier Signature: KENNETH 'JASION RUMMEL E-Mail:[e-mail] Phone #:[phone] Date
By this signature, I certify that this report is accurate and complete to the best of my knowledge.
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 attach a list of corrective actions being taken and a time -table for improvements to be made as required by part H.E.6 of
the NPDES permit.
10/25/201
Permittee/Subrrduter Signature:**1 Juanita James E-Mail:[e-mail] Phone #:[phone] Date
Permittee Address: 2551 Smokey Park Hwy Candler NC 28715 Permit Expiration Date: 10/31/2020
I certify, 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 properly 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 information, the information submitted is, to the best of my knowledge and belief, 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.
CERTIFIED LABORATORIES
LAB NAME: James & James Environmental Management
CERTIFIED LAB #: 482
PERSON(s) COLLECTING SAMPLES:. Kenneth Rummel
PARAMETER CODES
Parameter Code assistance may be obtained by calling the NPDES Unit [phone] or by visiting http://portal.ncdenr.org/web/wq/swp/ps/npdes/forms.
FOOTNOTES
Use only units of measurement designated in the reporting facility's NPDES 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 entire monitoring period.
** ORC on Site?: ORC must visit facility and document visitation of facility as required per 15A NCAC 8G .0204.
*** Signature of Permittee: If signed by other than the permittee, then delegation of the signatory authority must be on file with the state per 15A NCAC 2B
.0506(b)(2)(D).

NPDES PERMIT NO.: NCO025933
FACILITY NAME: Days Inn West W WTP
OWNER NAME: Days Inn of Candler, Inc.
GRADE. WW -2
eDMR PERIOD: 09-2016 (September 2016)
PERMIT VERSION: 4.0
CLASS: WW -2
ORC: Kenneth Jason Rummel.
ORC HAS CHANGED: No
VERSION: 1.0
PERMIT STATUS: -Active
COUNTY: Buncombe
ORC CERT NUMBER; 994182
r STATUS: Processed
Report Comments:
On the 13th, BOD data valid; Blank was >0.20mg/L. On the 7th and 13th, BOD data valid; GGA was greater than 228.5mg/L. Your facility exceeded the permit discharge limits
on the Ammonia Nitrogen for the month. This gave a daily maximum violation on two days and did give a monthly violation for the Ammonia Nitrogen.. The system changed
very quickly from the beginning of the month. Heavy solids gathered quickly in the clarifier. and with.constant scraping and wasting to the digester the ammonia nitrogen
dropped out by the beginning of the month. There was a strong odor of cleaning chemicals in the equalization basin which most likely contributed to the elevated numbers.

September, 2016
JAMES & JAMES ENVIRONMENTAL MANAGEMENT, INC
PO BOX 1354, MOUNTAIN HOME, NC 28758
--(828) 697.-0063 OFFICE
[phone] FAX
Client: Days Inn West
NPDES PERMIT NUMBER: NCO025933
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 maximum. Your
facility exceeded the permit discharge limits on the items listed below:
AMMONIA NITROGEN 9/2.3 13.2 mg/l
9/27 13.2 mg/1
Monthly Average 6.76 mg/l
This gave a daily maximum violation on two days and did give a monthly violation for the
Ammonia Nitrogen. The system changed very quickly from the beginning of the month. Heavy solids
gathered quickly in the clarifier and with constant scraping and wasting to the digester the ammonia
nitrogen dropped out by the beginning of the month. There was a strong odor of cleaning chemicals in the
equalization basin which most likely contributed to the elevated numbers.
You may receive a monetary fine for this month. Thank you for your understanding in this
matter. -
Thank you for choosing James & James as your- service. company.
Juanita James