NC0000108_NOV-2017-LV-0342 NOI_20170515

Water Resources
ENVIROKMENTAL OVIAI.RY
Certified Mail # 7016 1370 000165719130
Return Receipt Requested
May 15, 2017
Jim Kelley
New Excelsior Inc
1379 Old Rosman Hwy
Brevard, NC 28712
SUBJECT: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY
Tracking Number: NOV-2017-LV-0342
Permit No. NC0000108
New Excelsior WWTP
Transylvania County
Dear Permittee:
RECEIVED/WDEO/DWR
MAY 2 2.2017
Water Quality
Permitting section
A review of the March 2017 Discharge Monitoring Report (DMR) for the subject facility revealed the violation(s)
indicated below:
Limit Exceedance Violation(s):
Sample Limit Reported
Location Parameter Date Value Value Type of Violation
003 Effluent Solids, Total Suspended - 3/9/2017 45 77.3 Daily Maximum Exceeded
003 Effluent
003 Effluent
003 Effluent
Concentration (CO530)
Solids, Total Suspended - 3/16/2017
Concentration (CO530)
Solids, Total Suspended -
Concentration (CO530)
Solids, Total Suspended -
Concentration (C0530)
003 Effluent Solids, Total Suspended -
Concentration (C0530)
003 Effluent Solids, Total Suspended -
Concentration (CO530)
45 470 Daily Maximum Exceeded
3/21/2017 45
3/23/2017 45
74.7 Daily Maximum Exceeded
47 Daily Maximum Exceeded
3/27/2017 45 51.8 Daily Maximum Exceeded
3/31/2017 30 101.46 Monthly Average Exceeded
State of North Carolina I Environmental Quality I Water Resources
2090 U.S. 70 Highway, Swannanoa, NC 28778
828-296-4500

A Notice of Violation/Intent to Issue Civil Penalty is being issued for the noted violation of North Carolina General
Statute (G.S.) 143-215.1 and the facility's NPDES Permit. Pursuant to G.S. 143-215.6A, a civil penalty of not
more than twenty-five thousand dollars ($25,000.00) may be assessed against any person who violates or fails
to act in accordance with the terms, conditions, or requirements of any permit issued pursuant to G.S.
143-215.1.
If you wish to provide additional information regarding the noted violation, request technical assistance, or
discuss overall compliance please respond in writing within ten (10) business day after receipt of this Notice. A
review of your response will be considered along with any information provided on the submitted Discharge
Monitoring Report(s). You will then be notified of any civil penalties that may be assessed regarding the
violations. If no response is received in this Office within the 10-day period, a civil penalty
assessment may be prepared.
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 continuing nature, not related to operation and/or maintenance problems,
and you anticipate remedial construction activities, 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 to exceed 24 hours, from first knowledge of any non-compliance at
the facility including limit violations, bypasses of, or failure of a treatment unit. A written report may
be required within 5 days if directed by Division staff. Prior notice should be given for anticipated or
potential problems due to planned maintenance activities, taking units off-line, etc.
Additionally and if you have not already done so, you may wish to consider registering to use the Division's new
e-DMR system for the completion and electronic submittal of monthly Discharge Monitoring Reports (DMRs).
For more information, please visit the eDMR Website at the following address:
http://portal.ncdenr.ora/web/wg/admin/boq/ipu/edmr.
If you have any questions concerning this matter or to apply for an SOC, please contact Timothy Heim of the
Asheville Regional Office at 828-296-4500.
Sincerely,
G. Landon Davidson, P.G., Regional Supervisor
Water Quality Regional Operations Section
Asheville Regional Office
Division of Water Resources, NCDEQ
Cc: WQS Asheville Regional Office - Enforcement File
NPDES Compliance/Enforcement Unit - Enforcement File
G:\WR\WQ\Transylvania\Wastewater\Minors\Excelsior 00108\N0V-N0I-2017-LV-0342.Docx
State of North Carolina I Environmental Quality I Water Resources
2090 U.S. 70 Highway, Swannanoa, NC 28778
828-296-4500