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HomeMy WebLinkAboutNC0071897_NOV2017LV0366_20170517ROY COOPER GoverT+vr MICHAEL 5, BEGAN Setmiary IMnrerReQur�es S_ JAY ZIMMERMAN plrYvor ENVIROPO4ENTAL QUALITY Certified Mail # 7015 1520 0003 5463 4675 Return Receipt Re ueste May 22, 2017 RECEIVEDUDEUDWR Mizpah Healthcare Inc 74 Lotus Lane MAY 3 0 2017 Hendersonville, NC 28792 Water Quality Permitting Section SUBJECT: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY Tracking Number: NOV-2017-LV-0366 Permit No. NCO071897 Henderson's Assisted Living WWTP Henderson County Dear Permittee: This Notice of Violation =laces the 47,revlous Notice of 141olation14OV-2017-L V-0213 for the November 2016 DMR due to its amendment by your contract operator which chanced some of the violations A review of the November 2016 Discharge Monitoring Report (DMR) for the subject facility revealed the violation(s) indicated below: Limit Exceedance Violation(s): Sample Location Parameter 001 Effluent BOD, 5 -Day (20 Deg. C) - Concentration (C0310) 001 Effluent 001 Effluent 001 Effluent 001 Effluent BOD, 5 -Day (20 Deg. C) - Concentration (C0310) BOD, 5 -Day (20 Deg. C) - Concentration (C0310) BOD, 5 -Day (20 Deg. C) - Concentration (C0310) BOD, 5 -Day (20 Deg. C) - Concentration (C0310) Limit Reported Date Value Value Type of Violation 11/8/2016 .15 16.9 Daily Maximum Exceeded 11/16/2016 15 11/22/2016 15 11/30/2016 15 11/30/2016 10 17.5 40.9 16.5 18.78 State of North Carolina I Environmental Quality I Water Resources 2090 U.S. 70 Highway, Swannanoa, NC 28778 828-296-4500 Daily Maximum Exceeded Daily Maximum Exceeded Daily Maximum Exceeded Monthly Average Exceeded 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 X101 business days 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. 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. If you have any questions concerning this matter, please contact Janet Cantwell 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\HendersonlWastewater\Minors\Henderson's Assisted Living 71897\N0V-N0I-2017-LV-0366.rtf