NC0089095_LV20170136_20170420

Certified Mail # 7015 1520 0003 5463 4996
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.) 143-215.1(a)(6)
and NPDES WW Permit No. NCO089095
A&D Water Service Inc
High Vista Falls WWTP
Case No. LV -2017-0136
Henderson County
Dear Permittee:
Water Q SSG i1 t
permitting
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $1,304.12 ($1,187.50 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 October 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 October 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. 143-215.1(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 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

(1) The degree and extent of harm to the nati
resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water qu,
(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 I
Within thirty (30) days of receipt of this notice, you
(1) Submit payment of the penalty, OR
(2) Submit a written request for remission,
(3) Submit a written request for an admini;
Option 1: Submit payment of the penalty:
Payment should be made directly to the order of
form). Payment of the penalty will not foreclose
Please submit payment to the attention of.
Wastewater Branc'j
Division of Water
1617 Mail Service
Raleigh, North Cal
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
iority; and
do one of the following:
hearing
Department of Environmental Quality (do not include waiver
rther enforcement action for any continuing or new violation(s).
27699-1617
It
i
$250.00
2 of the 2 violations of 143-2;15.1(a)(6) and Permit No.NC0089095, by discharging wastewater into,
the waters of the State in violi ation of the Permit Daily Maximum for BOD - Conc.
$312.50
1 of the 1 violations of 143-211151(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.
$312.50
1 of the 1 violations of 143-2'11 5. 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 NW -N - Conc.
$312.50
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 TSS - Conc.
$1,187.50.
. TOTAL CIVIL PENALTY
$116.62
Enforcement Costs
$1,304.12
TOTAL AMOUNT DUE
Pursuant io'&: ' 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.1 143B -282.1(b), which are:
(1) The degree and extent of harm to the nati
resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water qu,
(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 I
Within thirty (30) days of receipt of this notice, you
(1) Submit payment of the penalty, OR
(2) Submit a written request for remission,
(3) Submit a written request for an admini;
Option 1: Submit payment of the penalty:
Payment should be made directly to the order of
form). Payment of the penalty will not foreclose
Please submit payment to the attention of.
Wastewater Branc'j
Division of Water
1617 Mail Service
Raleigh, North Cal
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
iority; and
do one of the following:
hearing
Department of Environmental Quality (do not include waiver
rther enforcement action for any continuing or new violation(s).
27699-1617
It

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) 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

with the Office of,
I
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 facsirdile (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 nuriibers 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 at [e-mail].
Sincerely,
G. landon Davidson, P.G., Regional Supervisor
Water Quality Regional Operations Section
Ashy ville 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:1I4,IV% VQI.Hendersun`NV,utewate ..' tinors`,High vista Falls 3900 ;LV -2011-01 ;G.rtf

JUSTIFICATION FOR REMISSION REQUEST
Case Number: LV -2017-0136 County: Henderson
Assessed Party: A&D Water Service Inc/ High Vista
Permit No.: NC0089095
Amount Assessed: $1,304.12
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 (Le., 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 11 ) CASE NO. LV -2017-0136
Having been assessed civil penalties totaling $1,304.12 for violation(s) as set forth in the assessment document of the
Division of Water Resources dated April 20, 2017, �he 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
O16 -
TELEPHONE
SIGNATURE
M1

ATTACHMENT A
A&D Water Service Inc
CASE NUMBER: LV -2017-0136
PERMIT: NCO089095 REGION: Asheville
FACILITY: High Vista Falls 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
10/6/2016
10-2016
BOD, 5 -Day (20 Deg.
Weekly
mg/I
15
20
33.3
Daily
$125.00.
C) - Concentration
Maximum
Exceeded
10/20/2016
10-2016
BOD, 5 -Day (20 Deg.
Weekly
mg/I
15
30
100.0
Daily
$125.00
C) - Concentration
Maximum
Exceeded
10/31/2016
10-2016
BOD, 5 -Day (20 Deg.
Weekly
mg/I
10
20.70
106.7
Monthly
$312.50
C) - Concentration
Average
Exceeded
10/31/2016
10-2016
Nitrogen, Ammonia
Weekly
mg/I
1
1.60
60.0
Monthly
$312.50
Total (as N) -
Average
Concentration
Exceeded
10/31/2016
10-2016
Solids, Total
Weekly
mg/I
5
7.10
42.7
Monthly
$312.50
Suspended-
Average
Concentration
Exceeded

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 -2017-0136
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;
Two Daily Max BODS exceeded the permit limit by 33.33% & 100%.
One Monthly Average BOD exceeded the permit limit by 106.66%.
One Monthly Average Ammonia Nitrogen exceeded the permit limit by 60%.
One Monthly Average TSS exceeded the permit limit by 42.66%.
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 have been six 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

�1ivl�sion o ®r Ra D ces JV
DT DEC 1 ° 20 CPP 3
AC I
Water Ouality Regional dperatioris i
ASiIEVIiIE' 1=i!:C,IOn21 �_-___„�+
NPDES PERMIT N0._ NC0089095 DIS'CFfAF —D _ Office 1 MONTI­L OCTOBER YEAR 2016
FACILITY NAMEHig
.h Vista : -CLASS-11 COUNTY_ Henderson
CERTIFIED,LABORATORY (1) Environmental Testing
(list additional laboratories on the.backside/page 2 of this form)
OPERATOR IN RESPONSIBLE CHARGE (ORC)_ Vincent Edwards GRAD 4 CERTIFICATION NC 10940
PERSON(S) COLLECTING SAMPLES Vincent Edwards ORCPHO '828-674-2680
CHECK BOX IF ORO HAS CHANGED ® F OW / DISCHARGE FROM SITE
Mail ORIGINAL and ONE COPY to: s.
ATTN: CENTRAL FILES
DIVISION OF WATER QUALITY A U OF OP OR PONSIBLE CHARGE) DATE'
1617 MAIL SERVICE CENTER Y THIS SIGNATURE, I CERTIFY THAT THIS REPORT IS
RALEIGH NC 27699-1617 J­A_kATEP COMPLETE TO THE BEST OF MY KNOWLEDGE .
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WQ Foim MR 1(11/04)

i
Facility Statlus: (Please -_check one of the following) T
All monitgring data and sampling frequencies meet permit requirements
(including weekly averages, if applicable)-:
Compliant
All monitoring data. and sampling frequencies do NOT -meet Hermit requirements
Noncompliant
The permittee shall report to the Director or the iappropriate 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.shallalso be provided within'5. days of the:time.the
permittee becomes. aware of the circumstances: ;
If the facility is noncoinpliant, pie.ase attach a lis$ of corrective actions being taken and atime-table for
improvements to be made as r4dred: by Part ILEX of the NPDES:permit.
"I certify, under penalty of law, that tliis document and allattachments were prepared under -my direction or supervision
in accordance with a system designed to assure that qualified personnel properly gather and evaluate.the information -
submitte.d Based.on my inquiry of the person or�persons who managed the system, or those persons directlyresion sible
for gathering the information, the information submitted.rs, to the best of my knowledge and belief, true, accurate, and
complete. I am aware that there are significant penalties fir sub n fitting -false information, including:the possibility' of
fines and imprisonment for knowing -violations.
A.&.D. Water.Servi .Inc.
Permittee (Please print or type)
Signature of Permittee: bate
(Required unless submitted electronically)
Perri ittee Address lPhon( Number. e-mail address Pemut Expiration Date
ADDITIONAL' CERTIFIED LABORATORIES
Certified Laboratory (2) Certification No.
Certified Laboratory (3) : Certification No.
Certified Laboratory4 Certification No.
Certified Laboratory (5) Certification No.
PARAMETER CODES
Parameter Code assistance maybe obtained by calling the NPDES U#kat,(9i') 733-660" by visiting the Surface
Water Protection Section's web site at12o.enr.'state.nc.us/was and linking to the unit's information pages.
Use only units of measurement designated in the reporting facility's NPDES permit for reporting data.
i
* No-Flow/Discharge From Site: Check this box if nI discharge occurs and, as a result, there are no data to be
entered for all of the parameters on tfie•DMR<for the entire monitoring period.
** ORC On Site?:, ORC must -visit facility and docum at visitation, of facilityas. required per 15A NCAC 8G .0204.
*** Signature bf Permittee: If signed byother than the".permittee, then the delegation of the signatory authority"must be on
file with the state per 15A NCAC 2B .O 06(b)(2)(D).

10/14/16 .
ATTN: CENTRAL FILES.
DIVISION OF 'NATER QUALITY
1617 MAIL SERVICE CENTER
RALEIGH; NC, 27699-1617
Subject: Non -Compliance
OCTOBER 2016 i
High Vista. Fall NPDES NCO089095 j
Dear Sir or Madam;
High Vista Fall (NC0089095) was in Non -Compliance for a weekly and monthly BOD,
weekly Turbidity, and monthly Ammonia Nitrogen for the month of October 2016. To correct the
problem start seeding the plant and also increase air .at in the aeration basin, also during October 21-31
there was no effluent flow reference permit no: WQ0015029
If you have any 'question or require additional i#formation, please feel free to contact me at
[phone].
Sinc rel , �
i
cent war s .. _ . ......._ ...............
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Permit Enforcement History Details by Owner
441j12'00)
1
Owner: A&D Water Service Inc
Facility : High Vista Falls WWTP
Permit: NCO089095
Region : Asheville County Henderson
Case
Number
Penalty
Assessment Penalty
MR Approved Amount
Remission
Enforcement Request
Costs Damages Received
Enf Enf . EMC EMC OAH Collection
Conf Remission Hearing Remission Remission MemoSent Total
Held Amount Held Amount Amount To AGO Paid
Has
Balance Pmt
Due Plan
Case
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
$0.00 No
5/20/14
LM -2014-0007
1-2014 4/28/14
$428.00
$147.50
$575.50 No
LV -2015-0024
5-2014 2/9/15
$350.00
$159.26
3/1/17
$509.26 No
LV -2015-0055
12-2014 4/8/15
$550.00
$159.26
3/1/17
$709.26 No
LV -2015-0064
1-2015 5/6/15
$550.00
$159.26
3/1/17
$709.26 No
LV -2015-0087
2-2015 6/8/15
$1,350.00
$159.26
3/1/17
$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
3/1/17
$471.76 No
LV -2016-0044
7-2015 1/28/16
$437.50
$159.26
3/1/17
$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
3/1/17
$566.62. No
LV -2017-0098
8-2016 3/30/17
$350.00
$116.62
$466.62 No

4/20/2017
2
LM -2017-0009 9-2016 3/31/17 $409.99 $116.62 $526.61 No
LV -2017-0131 7-2016 4/18/17 $350.00 $116.62 $466.62 No
Total Cases: 18 Total Penalty Amount: $8,125 Total Enforcement Cost: $2,553.30 Sum Of Total Paid: $1,682.00 Total Balance Due: $8,996.79
Sum of Total Case Penalties: $10,678.79 Total Penalties After Remissions: $10,678.79
J