NC0067288_LV20170135_20170420

Certified Mail # 70151520 0003 5463 4989
Return Receipt Requested
April 20, 2017
Aubrey L Deaver
A&D Water Service Inc
PO Box 1407
Pisgah Forest, NC 28768
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. N00067288
A&D Water Service Inc
Hunter's Glen WWTP
Case No. LV -2017-0135
Henderson County
Dear Permittee:
RECEIVEDINCDEQIDWR
APR 2 71017
Water Quality
Permitting
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $216.62 ($100.00 civil penalty +
$116.62 enforcement 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 November 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. NC0067288. The
violations, which occurred in November 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. NCO067288 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 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 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 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
$0.00
1 of the 1 violations of 143-215.1(a)(6) and Permit No.N00067288, by discharging wastewater into
the waters of the State in violation of the Permit Daily Maximum for BOD - Conc.
0 of the 1 violations of 143-21
the waters of the State in viol,
$100.00 TOTAL, CAU PENALTY
$116.62 Enforcement Costs
$216.62 TOTAL AMOUNT DUE
1(a)(6) and PermitNo.NC0067288, by discharging waste water into
>n of the Permit Monthly Average for BOD - Conc.
.1
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 nate
resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water qui
(4) The cost of rectifying the damage;
(5) - -The'amount of money saved by noncomp
(6) Whether the violation was committed wil
(7) The prior record of the violator in compl3
Management Commission has regulatory
(8) The cost to the State of the enforcement 1
Within thirty (30) days of receipt of this notice,
(1) Submit payment of the penalty, OR
(2) Submit a written request for remission,
(3) Submit a written request for an admin:
Option 1: Submit payment of the penalty:
resources of the State, to the public health, or to private property
or quality or on air quality;
y or intentionally;
or failing to comply with programs over which the Environmental
tority; and
must do one of the following:
hearing
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 foreclos i 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
r �?j

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 thiLty (30) d4ys 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

3: File a
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
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 Ion DEQ as follows:
Mr
1601 Mail
Raleigh, N
Please indicate the case number (as found on
. F. Lane, General Counsel
of Environmental Quality
ervice Center
Carolina 27699-1601
one of this letter) on the petition.
Failure to exercise one of the options above within thirty (3 0) 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 Ce
Regional Office at [phone] or via email at
G. L
Wat
Ash1
ATTACHMENTS
Cc: WQS Asheville Regional Office - Enfon
NPDES Compliance/Enforcement Unit -
Vincent Edwards/ ORC
G: 4VW,WQhHenderson4Wastdwarer'A4inors`:Huntees Glen 672881LV-2017-0135.rtf
with the Division of Water Resources staff of the Asheville
[e-mail].
ldon Davidson, P.G., Regional u isor
Quality Regional Operations Section
ille Regional Office
)n of Water Resources, NCDEQ
File
File

JUSTIFICATION FOR REMISSION REQUEST
Case Number: JLV-2017-0135 County: Henderson
Assessed Party: A&D Water Service Inc/ Bunter's Glen
Permit No.: NC0067288
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).

STATE OF NORTH CAROLINA
COUNTY OF HENDERSON
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST
A&D Water Service Inc
Hunter's Glen WWTP
PERMIT NO. NCO067288
Having been assessed civil penalties totaling $21
of Water Resources dated April 20, 2017, the un(
the right to an administrative hearing in the abov,
assessment document. The undersigned further
penalty must be submitted to the Director of the
of assessment. No new evidence in support of a
notice of assessment.
DEPARTMENT OF ENVIRONMENTAL QUALITY
WAIVER OF RIGHT TO AN
ADNIINISTRATIVE HEARING AND
STIPULATION OF FACTS
CASE NO. LV -2017-0135
i2 for violation(s) as set forth in the assessment document of the Division
I desiring to seek remission of the civil penalty, does hereby waive
tated matter and does stipulate that the facts are as alleged in the
Jerstands that all evidence presented in support of remission of this civil
Iision of Water Resources within thirty (3 0) days of receipt of the notice
mission request will be allowed after (30) days from the receipt of the
This the day of 120.
SIGNATURE
ADDRESS
TELEPHONE

ATTACHMENT A
A&D Water Service Inc
CASE NUMBER: LV -2017-0135
PERMIT: NCO067288 REGION: Asheville
FACILITY: Hunter's Glen 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
11/22/2016 11-2016 BOD, 5 -Day (20 Deg. Weekly mg/I 45 70 55.6 Daily $100.00
C) - Concentration Maximum
Exceeded
11/30/2016 11-2016 BOD, 5 -Day (20 Deg. Weekly mg/I 30 35 16.7 Monthly $0.00
C) - Concentration Average
Exceeded

DIVISION OF WATER RESOURCES - CIVIEL PENALTY ASSESSMENT (File)
Violator: A&D Water Service Inc
Facility Name: Hunter's Glen WWTP
Permit Number: NCO067288
County: Henderson
Case Number: LV -2017-0135
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 55.55%.
One Monthly Average BOD exceeded the permit limit by 16.66%.
3) The effect on ground or surface `eater 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 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

m
NPDES
RECEIVED
Division of -'Water Resources
1
jAaN 1 12017
Water Quality Regional Operations
Ashev!ile Regional office
PERMIT NO.�TCO 2
)B+ $+ +ISI U IT
DISCHARGE NO. 1 MONTH NOVEMBERYEAR 2016
FACILITY NAME HUNTERS GLEN SUBDIVISIONCLASS II COUNTY Henderson
CERTIFIED LABORATORY (1)_Environmental Testing
(list additional laboratories ori the backside/page 2 of this form)
OPERATOR IN RESPONSIBLE/fiRGE (OVIRICENT EDWA S GRADE 4 CERTIFICATION NO, 10940.
PERSON(S) COLLECTING SA NCENT EDWARD S RC PHONE __828-24371784
CHECK BOX IF ORC HAS CHANGED ® LOW / DISCHARGE FROM SITE
Mail ORIGINAL and ONE=116 01406 20,17
ATTN:CENTRAL FILE$ x 1,-7DIVISION OF WATER QUALITY ( RE PER'TOR IN BLE CHARGE) DATE
1617 MAIL SERVICE CENTER BY THIS SIGNATURE, I CERTIFY THAT THIS REPORT IS
RALEIGH, NC 27699-1617 P ddb `AATE AND COMPLETE TO THE BEST OF ABY KNOWLEDGE.
n l i
m
E
50050 1 00010 1 "66460 1 50060M 00310 00610 00530 31616 00300 00600 00665 1 00625 1 00630
_
F x E FLOW m Q z � 'e ENTER PARAMETER CODE ABOVE NAME AND
c 1= « EFF Q N Q W W W m W Z �" UNITS BELOW
W EEU p(%3 F� O ,n JOS JR'� �W JW JK
t- do c rn INF❑ �N x �J �� gz X00 J QL a0
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di9nrecti°u TKN Nitrate '
HRS'HRS'Y/BINI MGD 0 C UNITS UG/L MG/L MG/L MG/L #/100ML MG/L MG/L MG/L MG/L MG/L
:•:.:.:::. •::. _ ....... :... •::...... .
........... ............:.............. ..................
210:20 0.4 Y 0.006
.-::.3 . .:. x :....................15.:• 3Q•8�1.•::. :.: �:::::: •. �:•:•:::::::..::•::•::::-:-::'::::::.:'•�� '' � •' . •�••�rc
4 7:25 0.3 Y 0.006
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8 6:55 0.4 Y 0.004 e 28
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10 6:50 0.3 _Y 0.006 15 33
31............................................................. . .............
12 0.005
3 :::::::::: ':::::::::: i:::i7.'.:.. .
dOb:
1411:40 0.5 Y 0.005 • 14 7.76 < 28
a0f14::: .:8:
161 7:25 0.3 Y 0.004
18 7:2010.3 Y 0.004
;a;:;:;:::::;:;':;:;: ........>i:14<::::..:.:.................:.::::.:....:..::••.:..............:..................::::. :•...................::::::....................:.............
20 0.004
22 7:05 0.31 Y 1 0.004 <28 >701110 2
p..
2-4 HOLIDAY 1 0.004 HOLIDAY
It
26 0.005
::::. •:
2812:05 0.4 Y 0.005 11 6.8 &28
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8:
30 7:15 0.3 Y 0.004
a ....... ..........................................
AVERAGE 0.005 11.25 42 ts 35.0 " 36.0 7.78. 1.41 #DIV/0! #DIV/O! #DIV/0!I #DIV/0! #DIV/0!
MOW
MINIMUM 0.004 10 6.8 <- 28 15 30 6.2 1 0 0 0 . 0 0
:......
Mon thly Lin -rt o35MGD 6.0-90 . 28 30 30 200/100
21fal� /�pV- fit'-div-� 0/��
DWQForm MR -1(11/04)

Facility Status: (Please check one of the following)
All monitoring data and sampling frequencies meet permit requirements
(including weekly averages, if applicable)
Compliant
All monitoring data and sampling frequencies do NOT meet permit requirements r—I
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.
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 II.E.6 of the NPDES permit.
`2 certify, under penally of law, that this document and all attachments were prepared under my direction or supervision
in accordance with a system designed to assure that quaMedl 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;"
A & D Water Service, Inc.
Permittee (Please print or type)
5f Permittee*** Date
unless submitted electronically)
PennittmAddress:. e -n ff*rddress" Pefthitivxpuaiid Date':.
Certified Laboratory (2)
Certified Laboratory (3)
Certified Laboratory (4)
Certified Laboratory (5)
Parameter Code assistance maybe obtained by calling the
h4:/Iportal.ncde,or org/web/wq(swp/ps/npdes/appforms-
Use only units ofineasurement designated in the reporting facility's 1;
* No Flow)Discharge From Site: Check this box if no discharge c
entered for all of the parameters on the DMRfor the ent
** ORC On Site?: ORC must visit facility and document visitation
*** Signature of Permittee: If signed by other than the permittee, th
file with the state per 15A NCAC 2B .0506(b)(2)(]
UORIES
Certification No.
Certification No.
Certification No.
Certification No.
Unit at [phone] or by visiting
)ES permit for reporting dath :
urs and, as a result, there are no data to be
monitoring period.
facility as required per 15A NCAC 8G.0204.
the delegation ofthe signatory authority must be on

12/1116
ATTN: CENTRAL FILES
DIVISION OF WATER QUALITY
1617 MAIL SERVICE CENTER
RALEIGH, -NC, 27699-1617
Subject: Non -Compliance
NOVEMBER 2016
Hunters Glen NPDES NC0067288
Dear Sir or Madam;
Hunters Glen SID (N00067288) was in Non -Compliance for a weekly and monthly BOD
for the month of November 2016. To correct the problem I increase the blower timer in the aeration
basin and on November 3011 dump 3500 gal of seed into the the plant.
If you have any question or require additional information, please feel free to contact me at
[phone].
Sin erely
Vent Edwards