NC0083313_LV20170097_20170403

Certified Mail # 70151520 0003 5463 2190
Return Receipt Requested
April 03, 2017 '
Ruby Cole/ Secretary/ HOA/ Brookside Village Condos
c/o Kristi Brannon
RECEVEMME00fiR
Two Trails LLC APR 0���
53 8 N Main St
Hendersonville, NC 28792 y atetGuality
P®{�ifll$��1B�S��9®f9
SUBJECT: Notice of Violation and Assessment of Civil Penalty - .
for Violations of North Carolina General Statute (G.S.) 143-215.l(a)(6).
and NPDES WW Permit No. NCO083313
Brookside Village Homeowners Association Inc
Brookside Village Condos WWTP
Case No. LV -2017-0097
Henderson County
Dear Permittee:
This letter transmits a Notice of Violation and as of civil penalty in the amount of $216.62 ($100.00 civil penalty +
$116.62 enforcement costs) against Brookside Village Homeowners Association Inc.
This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report (DMR)
submitted by Brookside Village Homeowners Association 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. NC0083313. 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 Brookside Village Homeowners Association Inc violated the
terms, conditions or requirements of NPDES WW Permit No. NCO083313 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 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 Brookside
Village Homeowners Association Inc:
State of North Carolina I Environmental Quality I Water Resources
2090 U.S. 70 Highway, Swannanoa, NC 28778
. 828-296-4500

� t
$100.00 1 of the 1 violations of 143-215.1(a)(6) and Permit No.NC0083313, by discharging waste water into
the waters of the State in violation of the Permit Daily Maximum for BOD - Conc.
$0.00 0 of the 1 violations of 143-215.1(a)(6) and Permit No.NC0083313, by discharging waste water into
the waters of the State in violation of the Permit Monthly Average for BOD - Conc.
$100.00 TOTAL CIV1I, PENALTY
$116.62 Enforcement Costs
$216.62 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 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 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 thirty (30) days 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

r t.
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 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: [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/tiine'received stamp (not -a- -postmark)-' mill result -in this -matter �being referred -to the AttoradyGeneral'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':4VR`;NQ1EfendersonSWastewater`.%•tinoN,Brookside Village 833 1.'

JUSTIFICATION FOR REMISSION REQUEST
Case Number: LV -2017-0097 County: Henderson
Assessed Party: Brookside Village Homeowners Association Inc
Permit No.: NC0083313
Amount Assessed: $216.62
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 )
Brookside Village Homeowners Association Inc )
Brookside Village Condos WWTP )
DEPARTMENT OF ENVIRONMENTAL QUALITY
WAIVER OF RIGHT TO AN
ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
PERMIT NO. NCO083313 ) CASE NO. LV -2017-0097
z
Having been assessed civil penalties totaling $216.62 for violation(s) as set forth in the assessment document of the Division
of Water Resources dated April 03, 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
ADDRESS
TELEPHONE
SIGNATURE
20

ATTACHMENT A
'Brookside Village Homeowners Association Inc
CASE NUMBER: LV -2017-0097
PERMIT: NC0083313,
REGION:
Asheville
FACILITY: Brookside Village Condos.WWTP
COUNTY:
Henderson
LIMIT VIOLATION(S)
SAMPLE LOCATION: Outfall 001 - Effluent
Violation Report
Unit of
Limit
Calculated % Over
Violation
Penalty
Date MonthNr Parameter Frequency
Measure
Value
_ Value Limit
Type
Amount
9/7/2016 9-2016 BOD, 5 -Day (20 Deg. Weekly
mg/1
15
20 33.3
Daily
$100.00
C) - Concentration
Maximum
Exceeded
9/30/2016 9-2016 'BOD, 5 -Day (20 Deg. Weekly
mg/I
10
10.50 4.8
Monthly
$0.00
C) - Concentration
Average
Exceeded
r

DIVISION OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT (File)
Violator: Brookside Village Homeowners Association Inc
Facility Name: Brookside Village Condos WWTP
Permit Number: NCO083313
County: Henderson
Case Number: LV -2017-0097
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 Daily Max BOD exceeded the .permit limit by 33.33%.
One Monthly Average BOD exceeded the permit limit by 4.75%..
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.
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
4r'q,1�-
Date
G. Landon Davidson, P.G., Regional Supervisor
Water Quality Regional Operations Section
Asheville Regional. Office
Division of Water Resources, NCDEQ

NPDES PERMIT NO.: NCO083313
FACILITY NAME: Brookside Village WWTP
OWNER NAME: Brookside Village Association
GRADE: WW -2
eDMR PERIOD: 09-2016 (September 2016)
P
PERMIT VERSION:. 4.0REL 3 b;� E D PERMIT STATUS: Active
IF
CLASS. WW -2 O C T 3 t 2016 COUNTY: Henderson
ORCi Shannon D James ORC CER_ T NUMBER: 1002526
ORC HAS CHANGED: No CENTRAFILES
DWR SECTION
VERSION: 1.0 STATUS: Processed
SAMPLING LOCATION: EFFLUENT DISCHARGE NO.: 001 NO DISCHARGE*: NO
Ta
A
,�',
o
U F
E 8
.°i dy
6 00
U
o a
E O
y
F
o.
O
50050
m •a° : Weekly
�
V o Instantaneous
e
O Z a°1 FLOW
00010
Weekly
Grab
TEMP -C'
00400
Weekly
Grab
pH
50060
2 X week
Grab
CHLO
C0310
Weekly
Grab
ROD -Conj
C0610 C0530
2 X month Weekly
Grab Grab
NH3-N-Cone TSS -Cont
31616
2 X month
Grab
I FCOL[BR
00300
Weekly
Grab "
DO
2400 clock
Hrs 2400 clock
Hrs
Y/B/N mgd
deg c
an
dg/1
g/l J
mg/l
mg/I
#/100mi
mg/i
I
1537
0.42
Y
2
1545
0.08
Y
< 15
3
4
C
5
HOLIDAY
6
1610
0.25
ly
7
1330
0.5
Y 0.003
24.6
8.2
< 15
20 '
0.137
<5-
< 1
9.72
8
1527
0.17
Y
9
1425
0.25
Y
< 15
10
1t
12
1307
0.28
Y
< 15
13
1629
0.12
Y
'
14
1030
0.33
Y 0.0025
23.2
8.1
< 15
11.2
4.66
9.85
15
1652
0.1
Y
16
1550
0.17
B
18
-
..
19
1335
0.37
Y
< 15
20
1
1623
0,12
Y
21
0958
0.70
Y 0.003
21.8
8.4
1 < 15
10.7
0.151
< 5
< 1
9.77
22
1530
0.4
Y
23
1604
0.15
Y
24
25
26
1710
0.17
B
27
1711
0.25
Y
<15
28
1625
0.17
B
29
1055
0.75
Y 0.003
20.9
8.3
<15
<2
3
9.52
301
11600
1025
1 B
Mont bly Average Limit: 0.005
1
10
2
30
200
Monthly Average: 0.002875
22.625
0
10.475
0.144
1.915
1
9.715
Daily Maximum: 0.003
24.6
8.4
0
20
0.151
4.66
0
9.85
Daily Minimum: 0.0025
20.9
8.1
0
0
0.137
0
0
9.52
****NoRepor6ngReason: ENFRUSE.=No Flow-Reuse/Recycle; ENVWTHR=No Visitation -Adverse Weather; NOFLOW=No Flow; HOLIDAY =NoVisitation -Holiday
(vision t)f YVb�. a ources co
6v�.� LV, .,o
Wa'er ot",:"Y R81rliona► Onaroti- t

NPDES PERMIT NO.: NCO083313
FACILITY NAME: Brookside Village WWTP
OWNER NAME: Brookside Village Association
GRADE: WW -2
eDMR PERIOD: 09-2016 (September 2016)
COMPLIANCE:
PERMIT VERSION: 4.0
CLASS: WW -2
ORC: Shannon D James
ORC HAS CHANGED: No
VERSION: 1_0
CONTACT PHONE #: [phone]
PERMIT STATUS: Active
COUNTY: Henderson
ORC CERT NUMBER: 1002526
STATUS: Processed
SUBMISSION DATE: 10/26/2016
-� 10/26/2016
ORC/Certifier Signature•, Shannon James 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.
f / 10/26/2016
Permittee/Submitter Si ature:*** Juanita James E-Mail:[e-mail] Phone #:[phone] Date
Permittee Address: 630 Brookside Camp Rd Hendersonville. NC 28792 Permit Expiration Date: 11/30/2020
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
CERTIFIED LAB #: 482
PERSON(s) COLLECTING SAMPLES: Shannon James
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.: NCO083313 PERMIT VERSION: 4.0
FACILITY NAME: Brookside Village WWTP CLASS: WW -2
OWNER NAME: Brookside Village Association ORC: Shannon D James
GRADE: WW -2 ORC HAS CHANGED: No
eDMR PERIOD: 09-2016 (September 2016) VERSION: 1.0
PERMIT STATUS: Active
COUNTY: Henderson
ORC CERT NUMBER: 1002526
STATUS: Processed
Report Comments:
On the 21 st, BOD data valid; Blank was >0.20mg/L. On the 7th and 21 st, BOD data valid; GGA was greater than 228.5mg/L. Your facility exceeded the permit discharge limits
for September. This gave one daily maximum violation and did give one monthly violation. We determined that the cause of the violation was probably due to the influx of
chemicals that are detrimental to the facility.

JAMES & JAMES ENVIRONMENTAL MANAGEMENT, :INC
{ P.O BOX 1354, MOUNTAIN HOME, NC 28758
[phone] OFFICE
A. [phone] PA -k
September, 2016
Client: Brookside Village Association
NPDES PERMIT NUMBER: NCO083313
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 montbly maximum and a daily maximum. Your facility
exceeded the permit discharge limits on the items listed below:
BOD 20.0 mg/1 on the 7"'
10.475 mg/i Monthly Average
This gave one daily maximum violation and did give one monthly violation -.We determined that the cause .
of the violation was probably due to the influx of chemicals that are detrimental to the facility. James &
James personnel met with the.board of Brookside Village to reiterate the necessity of sending quality
influent to the system. We also met with each resident that was home to discuss the chemicals they use and
eliminated the ones that causes the bacteria to either not perform up to the requirements or die off . We also
went through the laundry and removed the Ammonia and Chlorine. based products; leaving them aside with
a note to not use those products. We have supplied anew list of items that they should not introduce to the
system and those that would be most optimal.
j The,homeowwinemare-_working oPgently-to ensure that they introduce to the system. only the items that are .,..--- - -- --
considered safe.
Thank you for choosing James & James as your service company.
J 'ta James

F E B 1 3.2017 E..
Water Quality Regional Optlons
Ashevilie Regional S3ffice
G. Landon Davidson, Regional Supervisor
NC-DENR, Water Quality Regional Operations Section
2090 US 70
Swannanoa, NC 28778
__8 Februay,2017__-_____-- ---_ _----- _..---._____-_ __.__------
Rei Notice of Violation, Tracking Number-.NOV-2017-LV-0064
Permit Number MC0083313
Brookside Village Condos WWTP, Henderson County
Dear Mr. Davidson:
We received the above referenced notice of the September 2016 violation. on Feb. 2, 2017. At the time
this violation occurred we had four new owners in our condo development. They had received
instructions about the wastewater treatment plant but sometimes it can be difficult to get people to
really understand what cannot be put into it. When our operator was notified about the violation,
Juanita James (from James and James) went through the laundry rooms of all four buildings and
removed everything that was not allowed. She and the then -president of the HOA board visited every
resident who was available. to again go through the list of banned products,
After we found out about the violation I prepared the attached list of products and instructions which
was. mailed -to .every owner and renter.. Brookside. Village's owners and renters are making every effort.
to use only approved products. As you know from when we met with you in November, we are all
extremely anxious to do the right thing and not incur any further violations.
We would appreciate your taking this into. consideration when assessing any penalties for the
September violation.
Valerie Smith
Treasurer, Brookside Village HOA. Board of Directors
59 Brookside Drive
Hendersonville, NC 28792
,'"net Cantwell, NC-DENR Asheville'Regional Office
Kristi Brannon, Two Trails LLC, 538 Main Street, Hendersonville, CHIC 28792