NC0075353_NOV2017 MV0122 & LV0395_20170526

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Warer Resources
Certified Mail # 7015 1520 0003 5463 4125
Return Receipt Requested
May 26, 2017
Linda G Isaacs
McDowell Assisted Living LLC
PO Box 909
Marion, NC 28752-0909
ROY° COOPER
OOVOTW
MICHAEL S. REGAN
kcrefary
S.. JAY ZIMMERMAN
GNree-for
RECEIVEDINCDEOIDWR
JUN 0 7 2017
Water Quality
Permitting Section
SUBJECT' NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY
Tracking Number: NOV-2017-MV-0122 & NOV-2017-LV-0395
Permit No. NCO075353
McDowell Assisted Living WV TP
McDowell County
Dear Permittee:
A review of the February 2017 Discharge Monitoring Report (DMR) for the subject facility revealed the
violation(s) indicated below:
Monitoring Violation(s): (NOV-2017-MV-0122)
Sample
Location Parameter
001 Effluent Chlorine, Total Residual (50060)
001 Effluent Nitrogen, Ammonia Total (as N) -
Concentration (C0610)
Date
2/4/2017
2/11/2017
Monitoring
Frequency Type of Violation
2 x week Frequency Violation
Weekly Frequency Violation
A review of the March 2017 Discharge Monitoring Report (DMR) for the subject facility revealed the violation(s)
indicated below:
Limit Exceedan_ce_Violation(s): (NOV-2017-LV-0395
Sample
Limit
Location
Parameter Date Value
001 Effluent
BOD, 5 -Day (20 Deg. C) - 3/29/2017 45
Concentration (C0310)
001 Effluent
Solids, Total Suspended - 3/31/2017 30
Concentration (CO530)
Reported
Value Type of Violation
57.7 Daily Maximum Exceeded
33.96 Monthly Average Exceeded
State of North Carolina I Environmental Quality I Water Resources
2090 U.S. 70 Highway, Swannanoa, NC 28778
828-2964500

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 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\McDowell\Wastewater\Minors\McDowell assisted Living 75353\NOV-NOI-2017-MV-0122 - LV-0395.rtf