NC0071897_NOV2017LV0407_20170517

Certified Mail # 70161370 000165719789
Return Receipt Requested
May 30, 2017
Henderson's Assisted Living
Mizpah Healthcare Inc
74 Lotus Lane
Hendersonville, NC 28792
40 -CGVr
.
S- wzlmma
RECEIVED/NCMIDWR
JUN 0 7 2017
Water Quality
Permitting section
SUBJECT: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY
Tracking Number: NOV-2017-LV-0407
Permit No. N00071897
Henderson's Assisted Living WWTP
Henderson County
Dear Permittee:
A review of the April 2017 Discharge Monitoring Report (DMR) for the subject facility revealed the violation(s)
indicated below:
Limit Exceedance Violations):
Sample Limit Reported
Location Parameter Date Value Value Type of Violation
001 Effluent
BOD, 5 -Day (20 Deg. C) -
Concentration (C0310)
001 Effluent
BOD, 5 -day (20 Deg. C) -
Concentration (C0310)
001 Effluent
BOD, 5 -Day (20 Deg. C) -
Concentration (C0310)
001 Effluent
BOD, 5 -Day (20 Deg. C) -
Concentration (C0310)
001 Effluent
BOD, 5 -Day (20 Deg. C) -
Concentration (C0310)
001 Effluent
BOD, 5 -Day (20 Deg. C) -
Concentration (C0310)
4/4/2017 7.5 16.5 Daily Maximum Exceeded
4/11/2017 7.5
4/20/2017 7.5
9.3 Daily Maximum Exceeded
9.3. Daily Maximum Exceeded
4/21/2017 7.5 10.4 Daily Maximum Exceeded
4/26/2017 7.5 15.6 Daily Maximum Exceeded
4/30/2017 5 12.22 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 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,
J
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 He
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