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HomeMy WebLinkAboutNC0074110_NOV2017LM0045_20170617Roy COOPER 0"7w NC MJCHA L S. REGAN rtory Water S. JAY -Z IM MFRK4AN DOWW Certified Mail # 7016 1370 0001 65719888 Return Receipt Requested June 5, 2017 Mountain View Assisted Living/ Mizpah Healthcare 260 Center Way Dr. Hendersonville, NC 28792 SUBJECT: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY Tracking Number: NOV-2017-LM-0045 Permit No. NCO074110 Mountain View Assisted Living WWTP RECEIVEMCDEQ/DWR Henderson County JUN 16 2017 Dear Permittee: Water Quality Permitting section A review of the April 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 001 Effluent BOD, 5 -Day (20 Deg. C) - 4/4/2017 7.5 11.3 Daily Maximum Exceeded Concentration (C0310) 001 Effluent BOD, 5 -Day (20 Deg. C) - 4/11/2017 7.5 13.9 Daily Maximum Exceeded Concentration (C0310) 001 Effluent BOD, 5 -Day (20 Deg. C) - 4/19/2017 7.5 8.12 Daily Maximum Exceeded Concentration (C0310) 001 Effluent BOD, 5 -Day (20 Deg. C) - 4/30/2017 5 7.88 Monthly Average Exceeded Concentration (C0310) Monitoring Violation(s): Sample Monitoring Location Parameter Date Frequency Type of Violation 001 Effluent Flow, in conduit or thru treatment 4/14/2017 Continuous Frequency Violation plant (50050) State of North Carolina I Environmental Quality 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 WW 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 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 monitoring is required for some parameters such as flow Lcontinuous recording) and a flow value is reported for a recognized holiday. then an ' H"must be entered as the value for the other parameters that were not monitored on that day. Please refer to the EDMR Guidebook, If you have any questions concerning this matter, please contact Janet Cantwell of the Asheville Regional Office at 828-296-4500. Sincerely, /� gt4'1 6 ✓rte For 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\Henderson\Wastewater\Minors\Mountain View Assisted Living 74110\NOV-NOI-2017-LM-0045 rtf