NC0066362_NOV2017LV0306_20170517

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MICHAEL S-. RECAN.
Certified Mail #
Return Receipt Reguested 7015 IS20 0003 5463 4453
May 2, 2017
Nathan D Benson
Nathan D Benson
PO Box 1090
Mountain Home, NC 28758-1090
SUBJECT: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY
Tracking Number: NOV-2017-LV-0306 and NOV-2017-LM-0036
Permit No. NCO066362
Benson Apartments
Henderson County
Dear Permittee:
A review of the November 2016 and February 2017 Discharge Monitoring Reports (DMR) for the subject facility
revealed the violations indicated below:
Limit Exceedance Violations for NOV-2017-LV-0306 (November.DMR):
Sample
Location Parameter
Limit Reported
Date Value Value Type of Violation
001 Effluent Solids, Total Suspended - 11/3/2016 45 55.3 Daily Maximum Exceeded
Concentration (C0530)
001 Effluent Solids, Total Suspended - 11/23/2016 45 51.6 Daily Maximum Exceeded
Concentration (C0530)
001 Effluent Solids, Total Suspended - 11/30/2016 30 37.36 Monthly Average Exceeded
Concentration (CO530).
Limit Exceedance Violations for NOV-2017-LM-0036 (February DMR):
Sample
Location Parameter
Limit Reported
Date, Value Value Type of Violation
001 Effluent Solids, Total Suspended - 2/8/2017 45 79.2 Daily Maximum Exceeded
Concentration (CO530)
001 Effluent Solids, Total Suspended - 2/28/2017 30 32.7 Monthly Average Exceeded
Concentration (CO530)
State of North Carolina Environmental Quality I Water Resources
2090 U.S. 70 Highway, Swannanoa,,NC 28778
828-296-4500

Sample
Location, Parameter
Monitoring
Date Frequency Type of Violation
001 Effluent Chlorine, Total Residual (50080) 2/4/2017 2 X week Frequency Violation
A Notice of Violation/Intent to Issue Civil Pen'Ity is being issued for the noted violation of North Carolina. General
Statute (G.S.) 143-215.1 and the facility's NP ES Permit. Pursuant to G.S. 143-215.6A, a civil penalty of not
more than twenty-five thousand dollars ($25, 00.00) may be assessed against any person who violates or fails
to act in accordance with the terms, condition , or requirements of any permit issued pursuant to G.S.
143-215.1.
If you wish to provide additional information
discuss overall compliance please, respond in
review of your response will be considered a
Monitoring Report(s). You will then be notif
violations. If no response is received in
assessment may be prepared.
arding the noted violation, request technical assistance, or
ting within ten (10) business days after receipt of this Notice. A
I with any information provided on the submitted Discharge
of any civil penalties that may be assessed regarding the
s Office within the 10 -day period, a civil penalty
Remedial actions should have already been taken to correct this problem and prevent further occurrences in the
future. The Division of Water Resources may pursue enforcement action for this and any additional violations of
State law. If the violations are of a continuinc nature, not related to operation and/or maintenance problems,
and you anticipate remedial construction activi ies, then you may wish to consider applying for a Special Order by
Consent.
Reminder: Pursuant to Permit Condition 6 in Section E, the Permittee is required to verbally notify the Regional
Office as soon as possible, not toxceed 24 hours, from first knowledge of any non-compliance at
the facility including limit,violation , bypasses of, or failure of a treatment unit. A written report may
be required within 5 days if direct d by Division staff. ' Prior notice should be given for anticipated or
potential problems due to planned maintenance activities, taking units off-line, etc.
If you have any questions concerning this ma er, please contact Tim Heim or G. Landon Davidson of the Asheville
Regional Office at 828-296-4500.
Si
G.1Ln
andon Davidson, P.G., Regional Supe
i3
ter Quality Regional Operations Section
Asheville Regional Office
Di�ision of Water Resources, NCDEQ
Cc: WQS Asheville Regional Office - Enforceent File
-NPDES_Compliance/Enforcement Unit - nforcement File
G.• I WR I WQI Henderson I Wastewater) Minors I Benson Apartments 66362