NC0089095_LV20170098_20170403

Certified Mail # 70151520 0003 5463 2206
Return Receipt Requested
Aubrey L Deaver
A&D Water Service Inc
PO Box 1407
Pisgah Forest, NC 28768
RECEIVMN�DEQIDWR
APR 0 7 2017
April 03, 2017
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. NCO089095
A&D Water Service Inc
High Vista Falls WWTP
Case No. LV -2017-0098
Henderson County
Dear Permittee:
=. `I'his:ieer trusmt5`a=l�atice:of Violationandassessment_of civil genaltq in the amaunt'of $466,62,($350.00 civil penalty+ ,
$116.62e e' m"efit costs) against A&D Water Service Inc.
This assessment is based upon the following facts: a review has been conducted of the discharge monitoring.report (DMR)
submitted by A&D Water Service Inc for the month of August 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. NC0089095. The
violations, which occurred in August 2016, are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that A&D Water Service Inc violated the terms, conditions or
requirements of NPDES WW Permit No. NCO089095 and G.S. 143-21.5.1(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 maybe 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 A&D
Water Service Inc:
State of North Carolina I Environmental Quality I Water Resources
2090 U.S. 70 Highway, Swannanoa, NC 28778
828-296-4500

$100.00 1 of the 1 violations of 143-215.1(a)(6) and Permit No.NC0089095, by discharging wastewater into
the waters of the State in violation of the Permit Daily Maximum for BOD - Conc.
$250:00 1 of the 1 violations of 143-215.1(a)(6) and Permit No.NC0089095, by discharging waste water into
the waters of the State in violation of the Permit Monthly Average for BOD - Conc.
$350.00 TOTAL CIVIL PENALTY
$116.62 Enforcement Costs
$466.62 . - TOTAL AMOUNT DUE
Pursuant to G.S. 143-21,5,6A(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
1.617 Mail Service Center
Raleigh, North Carolina 27699-1617

r' 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 (30) dgys 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 (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: [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 abovewithinthirty (3 0) days of receipt of this letter, as evidenced by an internal
date/time received §tam not=a postmark).- wii-l-rdsult in this matter being referred -to the'Attorne General's=Office-for
1} f P ), g y .
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
Vincent Edwards/ ORC
G:\WR\WQ\I-ienderson\Wv[ewaterli%-linors`,High Vista Falls 8909 ;LV-201?-0098.rtf

JUSTIFICATION FOR REMISSION REQUEST
Case Number: LV -2017-0098 County: Henderson
Assessed Party: A&D Water Service Inc/ High Vista
Permit No.: NC0089095 Amount Assessed: $466.62
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 maybe 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 t6the
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 HENDERSON
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
A&D Water Service Inc )
High Vista Falls WWTP )
PERMIT NO. NCO089095 ) CASE NO. LV -2017-0098
Having been assessed civil penalties totaling $466.62 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
20
TELEPHONE

PERMIT: NCO089095
FACILITY: High Vista Falls WWTP
LIMIT VIOLATION(S)
SAMPLE LOCATION: Outfall 001 - Effluent
Violation Report
Date MonthNr Parameter
8/4/2016 872016 BOD, 5 -Day (20 Deg.
C) - Concentration
8/31/2016 8-2016, BOD, 5 -Day (20 Deg
C) - Concentration
ATTACHMENT A
A&D, Water Service Inc
CASE NUMBER: LV -2017-0098
REGION: Asheville
COUNTY: Henderson
Penalty
Amount
$100.00
$250:00 ,
Unit of
Limit
Calculated
% Over
Violation
Frequency
Measure
Value
Value
Limit
Type
Weekly
mg/I
15
54
260.0
Daily
Maximum
Exceeded
Weekly
mg/I
10
21.40
114.3
Monthly
Average
Exceeded
Penalty
Amount
$100.00
$250:00 ,

DIVISION OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT (File)
Violator: A&D Water Service Inc
Facility Name: High Vista Falls WWTP
Permit Number: NCO089095
County:. Henderson
Case Number: LV -2017-0098
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 260%.
One Monthly Average BOD exceeded the permit limit by 114.25%.
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 costof 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.
-
7.7
- bj- 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 four civil penalty enforcements in the twelve months prior to this violation.
8) The cost to the State of the enforcement procedures.
$116.62
4.
Date G. Landon Davidson, P.G., Regional Supervisor
Water Quality Regional Operations Section,
Asheville Regional Office
Division of Water Resources, NCDEQ

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Facility Status: (Please check one of the following)
. . . . _; I I i
Allmonrtoringdafa and sampling frequencies meet permit requirements
(including' weekly averages, if applicable) El
'Compliant
All monitoring data: and sampling frequencies do NOT meet perMit requirements a
"Noncompliant '
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.t.
If the facility is noncompliant, please attach a list of corrective actions being taken and.a trine -table for
improvements to 6e made as required by PartYLE.6 of the NPDES permit.
"1 certify,.under ,penalty of law, that this document and all attachments were prepared under my drection 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 mfotmiiation,the information submitted is, to the best of my knowledge and beliei; true,
accurate, and complete I am aware,that there. ate significant penalties for submitting false iiiformatiou, mcludirig the- '
possibility o€fines,and imprisonment for lmowing •violations!
A & D Water Service, Inc.
Permittee(Please prin Or type)
Sra ofPermitteexxx< : Dat
(Required unless submitted electronically)
P.O Box 1407 Pisgah Forest,.NC 2876$ ...[phone] admaintna citcom net 31 Oct 20 '
Pernuffee Hdrt Phone Number a mail address Permit Expnatiod Date
ADDITIONAL CERTIFIED LABORATORIES
Certified U.fidi (0 2
ryO .. ..
Certification No.
Certified I aboratory (3) Certification No. "
Certified LA'c'r' tory (4)_ .
Certification No. n =
Certified Laboratory (5) Certifieation No. '
PARAMETER CODES:
Parameter Code assistance may be obtained by calling the NPDES Unit at [phone] or by visiting
ttp:/ portal.ncdenr oreweb/Wq/swp/ps/npdeslappfoniis
Use only routs of measurement designated m the reporting facility's NPDES permit for reporting data
* -- No F1ow/Discharge From Site: Cheek this box ffno discharge occurs and, as a result, there are no data to be
entered'for all of the
parameters on the DMR forthe entire momtonng period
** " ORC Od'Site9f ORC must visit facility and document visitation of facility as required per 15A NCAC, SG .0304.
*** Signature of Permittee " If signed by other than the permittee, then the delegation of the signatory authority must be on
file withthe state per 15A NCAC 2B .6506(b)(2)pD .
Pape'2

a'
1011116
ATTN: CENTRAL FILES
DIVISION OF WATER QUALITY
1617 MAIL SERVICE CENTER
RALEIGH, NC, 27699-1617
Subject: Non -Compliance
AUGUST 2016
High Vista Fall NPDES NCO089095
Dear Sir or Madam;
High Vista Fall (NC0089095) was in Non -Compliance for a weekly and monthly BOD for
the month ofAugust 2016. High Vista fall on August 211d I notice both return pump wasn't pumping
due to being clog which cause sludge to buildup into both clarifiers. To correct the problem, I unclog
both pumps increase return rate and increase the timer in the aeration basin.
If you have any question or require additional information, please feel free to contact me at
[phone].
Sincerely,
-..__...... ..

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Owner: A&D Water Service Inc
Facility : High Vista Falls WWTP
Permit: NCO089095
Region : Asheville
Penalty
Assessment
Case MR Approved
Number
Permit Enforcement History -Details by Owner
C
4/3/2017 /
1
County Henderson
Remission Enf Enf EMC EMC OAH Collection
Penalty Enforcement Request Conf Remission Hearing Remission Remission MemoSent Total
Amount Costs Damages Received Held Amount Held Amount • Amount To AGO Paid
Has
Balance Pmt Case
Due Plan Closed
LV -2013-0146 4-2013
8/6/13 $250.00
$137.00
5/9/14
$387.00
$0.00 No
5/20/14
LM -2013-0025 6-2013
9/26/13 $650.00
$147.50
5/9/14
$797.50
$0.00 No
5/20/14
LV -2013-0188. 7-2013
10/14/13 $350.00
$147.50
5/9/14
$497.50
$0.06 No
5/20/14
LM -2014-0007
1-2014
4/28/14
$428.00
$147.50
$575.50 No
LV -2015-0024
5-2014
7J9/15
$350.00
$159.26
$509.26 No
LV -2015-0055
12-2014
4/8/15
$550.00
$159.26
$709.26 No
LV -2015-0064
1-2015
5/6/15
$550.00
$159.26
$709.26 No
LV -2015-0087
2-2015
6/8/15
$1,350.00
$159.26
$1,509.26 No
LV -2015-0098
3-2015
6/23/15
$450.00
$159.26
$609.26 No
LM -2015-0012
4-2015
7/21/15
$125.00
$159.26
$284.26 No
LM -2016-0001
5-2015
1/15/16
$312.50
$159.26
$471.76 No
LV -2016-0044
7-2015
1/28/16
$437.50
$159.26
$596.76 No
LV -2016-0194
1-2016.
9/27/16
$312.50
$116.62
$429.12 No
LV -2016-0197
4-2016
9/28/16 $450.00
$116.62
$566.62 No
LM -2016-0024
6-2016
10/19/16 $450.00
$116.62
- $566.62 - No
LV -2017-0098
8-2016
3/30/17 $350.00
$116.62$466.62
No
I

4/3/2017
2
LM -2017-0009 9-2016 3/31/17 $409.99 $116.62 $526.61 No
Total Cases: 17 Total Penalty Amount: $7,775 Total Enforcement Cost: $2,436.68
Sum Of Total Paid: $1,682.00 Total Balance Due: $8,530.17
Sum of Total Case Penalties: $10,212.17 Total Penalties After Remissions: $10,212.17
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