NC0036684_LV20170133_20170419

Certified Mail # 7015 1520 0003 5463 4965
Return Receipt Requested
April 19, 2017
Matthew Klein
Carolina Water Services Inc of North Carolina
PO Box 240908
Charlotte, NC 28224
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. NCO036684
Carolina Water Services Inc of North Carolina
Bent Creek WWTP
Case No. LV -2017-0133
Buncombe County
Dear Permittee:
RDEIVDINCDEQIDWR
APR 271017
Aster Quality Section
permitting
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $316.62 ($200.00 civil penalty +
$116.62 enforcement costs) against Carolina Water Services Inc of North Carolina.
This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report (DMR)
submitted by Carolina Water Services Inc of North Carolina 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.NCO036684. 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 Carolina Water Services Inc of North Carolina violated the
terms, conditions or requirements of NPDES WW Permit No. NCO036684 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 Carolina
Water Services Inc of North Carolina:
State of North Carolina I Environmental Quality 1 Water Resources
2090 U.S. 70 Highway, Swannanoa, NC 28778
828-296-4500

$100.00 l .of the 1 violations of 143-215.1(a)(6) and Permit No.NC0036684, by discharging wastewater into
the waters of the State in violation of the Permit Daily Maximum for FCOLI BR.
$100.00
1 ' of the. l . violafions of 143-21-`
the waters of the State in violat
$200.00
TOTAL CIVIL PENALTY
116.62
Enforcement Costs
$316.62
TOTAL AMOUNT DUE
Pursuant to,.3G.S:,,143 215., 6A(c), in determining the
Conclusions of Law and'the TActors'set forth at G.S
}T
(1) The degree and extent of harm to the natt
resulting Efrom; thefyiolation;
(2) The durst ori`Ai .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
l(a)(6) and Permit No.NC0036684, by discharging waste water into
on of the Permit Daily Maximum for TSS - Cone:
count of the penalty I have taken into account the Findings of Fact and
43B -282.1(b), which -are:
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:
(1) Submit payment of the penalty, OR
(2) Submit a written request for remission, OR
(3) Submit a written request for an administratiTe hearing
Option 1: Submit payment of the penalty:
Payment should be made directly to the order of e 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 Branc'.
Division of Water
1617 Mail Service
Raleigh, North Ca
27699-1617

•1
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 inadvertentor 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) 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

3: File a petition for
If you wish to contest any statement in the attach
hearing. You may obtain the petition form fron
the Office of Administrative Hearings within this
when it is received in the Office of Administrati)
Hearings accepts filings Monday through Friday
holidays. The petition may be filed .by facsimil(
the signed original, one (1) copy and a filing fee
Office of Administrative Hearings within seven 1
filing process.
The mailing address and telephone and fax num
;d assessment document you must file a petition for an administrative
the Office of Administrative Hearings. You must file -the petition with
y (30) days of receipt of this notice. A petition is considered filed
Hearings during normal office hours. The Office of Administrative
)etween the hours of 8:00 a.m. and 5:00 p.m., except for official state
(fax) or electronic mail by an attached file (with restrictions) - provided
if a filing fee is required by NCGS § 150B-23.2) is received in the
1) business days following the faxed or electronic transmission. You
for the Office of Administrative Hearings are 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 bn DEQ as follows:
Mr. Willis 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 resu�t in this matter being referred to the Attorney General's Office for
collection of the penalty through a civil action. Ple se 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 Canell with the Division of Water Resources staff of the Asheville
Regional Office at [phone] or via email at j [e-mail].
ATTACHMENTS
Ce: WQS Asheville Regional Office - Enfor(
NPDES Compliance/Enforcement Unit -
G^.4VRlWQiBuncombekNV,tsteu;uer`Atinors'.CWS -Bent Creek (Utilities Inc) 366341LV-301
Sincerely,
G. andon Davidson, P.G., Regional Supervisor
Wter Quality Regional Operations Section
As eville Regional Office
Division of Water Resources, NCDEQ
File
File

JUSTIFICATION FOR REMISSION REQUEST
Case Number: LV -2017-0133 County: Buncombe
Assessed Party: Carolina Water Services Inc of North Carolina/ Bent Creek WWTP
Permit No.: NC0036684 Amount Assessed: $316.62
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 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 BUNCOMBE
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST
Carolina Water Services Inc of North Carolina
Bent Creek WWTP
PERMIT NO. NCO036684
Having been assessed civil penalties totaling $31
of Water Resources dated April 19, 20175 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 1
of assessment. No new evidence in support of a
notice of assessment.
This the
day
DEPARTMENT OF ENVIRONMENTAL QUALITY
WAIVER OF RIGHT TO AN
ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
CASE NO. LV -2017-0133
for violation(s) as set forth in the assessment document of the Division
ped, desiring to seek remission of the civil penalty, does hereby waive
ed matter and does stipulate that the facts are as alleged in the
rstands that all evidence presented in support of remission of this civil
ion of Water Resources within thirty (30) days of receipt of the notice
ssion request will be allowed after (3 0) days from the receipt of the
ADDRESS
TELEPHONE
SIGNATURE
20

ATTACHMENT A
Carolina Water Services'lnc of North Carolina
CASE NUMBER: LV -2017-0133
PERMIT: NC0036684 REGION: Asheville
FACILITY: Bent Creek WWTP COUNTY: Buncombe
LIMIT VIOLATION(S)
SAMPLE LOCATION: Outfall 001 - Effluent
Violation
Date
Report
Month/Yr
Parameter
Frequency
Unit of
Measure
Limit
Value
Calculated
Value
% Over
Limit
Violation
Type
Penalty
Amount
11/29/2016
11-2016
- Coliform, Fecal MF,
Weekly
#/100ml
400
1140
.185.0
Daily
$100.00
MFC Broth, 44.5 C
Maximum
Exceeded
11/29/2016
11-2016
Solids, Total
Weekly
mg/I
45
59
31.1
Daily
$100.00
Suspended-
Maximum
Concentration
Exceeded

DIVISION OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT (File)
Violator: Carolina Water Services Inc of North Carolina
Facility Name: Bent Creek WWTP
Permit Number: NC0036684
County: Buncombe
Case Number: LV -2017-0133
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 Fecal exceeded the permit limit by 185%.
One Daily Max TSS exceeded the permit limit -by 31.11%
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 no civil penalty enforcements in the twelve months prior to this violation.
8) The cost to the State of the enforcement procedures.
$116.62
aq•%.*v t�F
Date G. Landon Davidson; P.G., Regional Supervisor
Water Quality Regional Operations Section
Asheville Regional Office
Division of Water Resources, NCDEQ

NPDES PERMIT NO.: NCO036684
a.
FACILITY NAME: Bent Creek W WTP
OWNER NAME: Carolina Water Service Inc of North
Carolina
GRADE: WW -2
eDMR PERIOD: 11-2016 (November 2016)
PERMIT VERSION: 4.0
CLASS: WW -2
ORC: Ernest Bradley Rollins
ORC HAS CHANGED: Yes
VERSION: 1.0
PERMIT STATUS: Active FI&
COUNTY: Buncombe
ORC CERT NUMBER: 1002568
STATUS: Processed
SAMPLING LOCATION: EFFLUENT 'DISCHARGE NO 001 . NO DISCHARGE*: NO
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50050
Coatinuous
Recorder
FLOW
00010
5Xweek
Grab'
TEMP -C
00400
5Xweek
Grab
JPH
50060
2Xweek
Grab
CHLORINE
C0310
Weekly
Composite
BOD -Cone
C0610
Weekly
Composite
N113-N-ConTSS-Con
#630
Weekly
Composite
P616
Weekly
Grab
FCOLI DR
00300
Weekly
Grab
DO
2400 dock
Urs
7400 dock
Bra
WRIN
mgd
deg c
so
ug/1
mg/l
I mg/1,
M
#/100
mg/I
1
9:39
2
B
0.03
20
6.8
<20
5.5
2
9:00
24
9:25
2
B
0.031
19
6.8
<20
5.5
0.78
3.9
1
3
9:49
1
N
0.029
19
6.9
4
9:25
2
B
0.029
19
6.7
5
8:55
.5
Y
0.023
6
9:00
.5
Y
0.03
7
9:00
2
Y
0.035
17
7.4
<20
8
9:00.24
8:45
2
Y
0.025
17
7.1
<20
14.3
6.7
12.8
<2
7.1
9
8:30
2
B
0.026
18
6.8
10
8:35
2
B
0.029
17
6.6
11
8:30
2
B
0.024
17
6.3
12
924
.5
N
0.029
13
16:31
.5
N
0.043
114
8:25
2
Y
0.023
16
7
<20
6:9
15
9:00
24
8:30
12
Y
0.029
16
7
<20
11
7.9
95
<2
16
8:45
2
B
0.031
16
6.9
17
8:55
2
B
0.029
16
6.9
18
9:05
2
Y
0.03
16
6.8
19
9:43
2
Y
0.031
20
9:40
1
Y
0.029
15
7.1
21
11:05
2
Y
0.04
15
7.3
<20
n
9:00
24
12:20
2
Y
0.039
IS
7
<20
10.7
13
11.8
2
7.1
23
10:50
2
B
0.03
115
7.4
24
16:07
1
N
0.047.
25
9:21
.5
Y
0.017
16
7.2
26
9:40
1.5
N
1
0.033
27
13:45
.5
N
0.042
28
11:10
1
Y
0.032
15
7.5
<20
6.8
29
9:00
24
10:38
2
Y
0.035
16
16.9
<20
37.4
5.3
S9
1140
30
11:25
1
Y
0.039
17
7.3
Monthly Average Limit: 0.1
30
6.9
30
200
MouthlyAverage:
0.0313
16.681818
0
15.78
6.736
19.4
4.694474
6.68
Daily Maximum:
0.047
20
7.5
0
37.4
13
59
1140
7.1
DsilyMinimum:
0.017
15
6.3
0
5.5
0.78
3.9
0
5.5
`***NoReporting Reason: ENFRUSE=NoFlow-Reuse/Recycle; ENVWTHR=No Visitation- Adverse Weather; NOFLOW=No Flow; HOLIDAY =No Visitation -Holiday
0. 011, 9,7K ---
X141 r/Iv//;z
�pT
0/33

5
NPDES PERMIT NO.: NCO036684 PERMIT VERSION: 4.0 PERMIT STATUS: Active
FACILITY NAME: Bent Creek W WTP CLASS: WW -2 COUNTY: Buncombe
OWNER NAME: Carolina Water Service Inc of North ORC: Ernest Badley Rollins ORC CERT NUMBER: 1002568
Carolina b.
GRADE: WW -2 ORC RAS C GED: Yes
eDMR PERIOD: 11-2016 (November 2016) ' VERSION: 1.0 STATUS: Processed
SAMPLING LOCATION: EFFLUENT D 8CHARGE NO.: 001NO DISCHARGE*: NO (Continue)
****NoReporting Reason: ENFRUSE=NoFlow-Reuse/Recycle; ENVWTHR=No Viitation— AdverseWeather; NOFLOW=No Flow; HOLIDAY=NoVisitation —Holiday
g
e
y
e
a
0
H
w
d
h
a
Z
C0600
Semi-annually
Composite
TOTAL N -Com
C0665
Semi -amorally .
Composite
TOTALP-Coat ..
2400 clock
Hrs
. 2400 clock
Hrs
YBIN
-94
m9A .
1
9:39
2
B
2
9:00
24
9:25
2
- B
18.5
4.8 '
3
9:49
1
N
4
9:25
2
B
5
8:55
.5
Y
6
9:00
.5
Y
7
9:00
12
Y
8
9:OQ
24
8:45
2
Y
9
8:30
2
B
10
8:35
2
B
11
8:30
2
B
12
9:24
.5
N
13
16:31
.5
N
14
8:25
2
Y
15
9:00
24
8:30
2
Y
16
8:45
2
B
-
17
8:55
2
B
18
9:05
2
Y
19
9:43
2
Y
20
9:40
11
1 Y
21
11:05
2
Y
22
9:00
24
12:20
2
Y
23
10:50
2
B
24
16:07
1
N
25
9:21
.5
Y
26
9:40
.5
N
27
13:45
.5
N
28
11:10
1
Y
29
9:00
24
10:38
2
Y
se
11:25'
1
Y
Monthly Average Limit:
MouthlyAvemge
18.5
4,8
naayMazimam:
18.5
4.8
DagyMialmum:
18.5
4.8
****NoReporting Reason: ENFRUSE=NoFlow-Reuse/Recycle; ENVWTHR=No Viitation— AdverseWeather; NOFLOW=No Flow; HOLIDAY=NoVisitation —Holiday

NPDES PERMIT NO.: NCO036684
FACILITY NAME: Bent Creek WWTP,
OWNER NAME: Carolina Water Service Inc of North
Carolina
GRADE: WW -2
eDMR PERIOD: 11-2016 (November 2016)
COMPLIANCE STATUS: Non -Compliant ,
PERMIT VERSION: 4.0
CLASS: WW -2
ORC: Ernest Bradley Rollins
ORC HAS CHANGED: Yes
VERSION: 1.0
CONTACT PHONE #: [phone]
PERMIT STATUS: Active
COUNTY: Buncombe
ORC CERT NUMBER: 1002568
STATUS: Processed
SUBMISSION DATE: 12%20/2016
12/15/2016
ORC/Certifier Signature: Douglas M Corn 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 pari II.E.6 of
the NPDES permit.
12/20/2016
Permittee/Submitter Signature:*** Tony J Konsul E-Mail:[e-mail] Phone #:[phone] Date
Permittee Address: 3 Donnybrook Ct Asheville NC 28806 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
kn6v&gviolatibns. : _._ ._ __-..__., _.,�_ ._--•,_---. ___..
CERTIFIED LABORATORIES
LAB NAME: PACE ANALYTICAL SERVICES INC; CAROLINA WATER SERVICE WESTERN REGION .
CERTIFIED LAB #: 40;5191
PERSON(s) COLLECTING SAMPLES: DOUG CORN
PARAMETER CODES
?arameter Code assistance may be obtained by calling the NPDES Unit [phone] or by visiting http://portal.nedenr.org/web/wq/swp/ps/npdes/forms.
FOOTNOTES
Jse 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
.or 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).

P
1 4
NPDES. PERMIT NO.: NC0036684
PERMIT VER
SIOM. 4.0
PERMIT STATUS: Active
.FACILITYNAME: Bent Creek WWTP
CLASS: WW4
COUNTY: Buncombe
OWNER NAME: Carolina Water Service Inc of North
ORC: Ernest B;adley
Rollins
ORC CERT NUMBER: 1002568
Carolina
GRADE: WW -2
ORC HAS C
GED: Yes
eDMR PERIOD: 11-2016 (November 2016)
VERSION: 1.0
STATUS:. Processed
Report Comments:
ORC-'DOUG CORN

f RECEIVED�1®t®Es, Inc
y., y DISC 2 9 2illii
CENTRAL FILES I
DVVR Sr C TION
December 20, 2016
Division of Water Quality
NC DENR
Attn:-.Central Files
1617 Mail Service Center
Raleigh, NC 27699-1617
RE: BENT CREEK WWTP
' NPDS # NC0036684, ` r
Weekly Fecal Coliform and Total Suspended solids Exceedance
To whom it may concern,
The weekly fecal sample collected on 11/29/2016 with a result of 1140 cu#/100ml exceeded the
limit of 400#/100 ml. We have evaluated plant operations and have found diffuser problem's in'the
aeration basin #1 causing setting problems. It is my hope to get this done as soon as possible. All
other weekly samples as well as the monthly average were in compliance with the NPDES limits.
_._liyo.a.;have:anyquestions:.o..-ifJtan provide any additional information, please do not -hesitate to
contact me at 828 884 7487.
Sincerely,
DOUG CORN
JAN - 3 2017
Water ouelity Regional Operat+ons
Ashev.':iO±i�—e -- �
a Mies, Iric. co mlaiV Carolina Water Service, Inc. of North Carolina
P.O. Box 240908 - Cha;7otte, NC 28224 P: 800-525-7990 F: 7@4-525-8174
5701 Westpark Dr., Suite 101 Chalotte, NC 28217 www.ulwatercom