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Home My WebLink AboutNC0071897_LV20170170_20170620Wat Resotlrces 2"PONHFNt MtUALITY Certified Mail # 7016 1370 0001 6571 8195 Return Receipt Requested June 20, 2017 Mizpah Healthcare Inc 74 Lotus Lane Hendersonville, NC 28792 SUBJECT- Notice of Violation and Assessment of Civil Penalty for Violations of North Carolina General Statute (G S ) 143-215 1(a)(6) and NPDES WW Permit No. NCO071897 Mizpah Healthcare Inc Henderson's Assisted Living WWTP Case No. LV -2017-0170 Henderson County Dear Permittee ROY COOPER, 00o - MICHAEL S. REG -AN somtory SY JAS" ZIMMER MAN Dfrn'ctor RECEIVEMCDENWR JUN 2 3 2017 Water Quality Permitting Section This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $1,241.62 ($1,125 00 civil penalty + $116.62 enforcement costs) against Mizpah Healthcare Inc. This assessment is based upon the following facts a review has been conducted of the Discharge Monitoring Report (DMR) submitted by Mizpah Healthcare Inc for the month of April 2017 This review has shown the subject facility to be in violation of the discharge limitations and/or monitoring requirements found in NPDES WW Permit No. NCO071897 The violations, which occurred in April 2017, are summarized in Attachment A to this letter Based upon the above facts, I conclude as a matter of law that Mizpah Healthcare Inc violated the terms, conditions or requirements of NPDES WW Permit No NCO071897 and G S 143-215.1(a)(6) in the manner and extent shown in Attachment A In accordance with the maximums established by G.S 143-215.6A(a)(2), a civil penalty may be assessed against any person who violates the terms, conditions or requirements of a permit required by G S. 143-215 1(a). Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the Secretary of the Department of Environmental Quality and the Director of the Division of Water Resources, I, G Landon Davidson. P G., Regional Supervisor, Asheville Regional Office hereby make the following civil penalty assessment against Mizpah Healthcare Inc - State of North Carolina I Environmental Quality I Water Resources 2090 U S 70 Highway, Swannanoa, NC 28778 828-296-4500 $750.00 5 of the 5 violations of 143-215.1(a)(6) and Permit No.NC0071897, by discharging -waste water into the waters of the State in violation of the Permit Daily Maximum for SOD - Conc. $375.00 1 of the 1 violations of 143-215.l(a)(6) and Permit No.N00071897, by discharging waste water into the waters of the State in violation of the Permit Monthly Average for BOD - Conc. $1,125.00 TOTAL CIVIL PENALTY $116.62 Enforcement Costs $1,241.62 TOTAL AMOUNT DUE Pursuant to G S. 143-215.6A(c), in determining tae amount of the penalty I have taken into account the Findings of Fact and Conclusions of Law and the factors set forth at G S. 143B -282.1(b), which are. (1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation; (2) The duration and gravity of the violation; (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; (6) Whether the violation was committed willfully or intentionally; (7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and (8) The cost to the State of the enforcement procedures. Within thirty (30) days of receipt of this notice, you must do one of the following - (1) Submit payment of the penalty, OR (2) Submit a written request for remission, OR (3) Submit a written request for an administrative hearing Option 1: Submit payment of the penalty: Payment should be made directly to the order of the Department of Environmental Quality (do not include waiver form) Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). Please submit payment to the attention of- Wastewater f Wastewater Branc l Division of Water Resources 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Option 2: Submit a written request for remission or mitigation including a detailed justification for such request: Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Because a remission request forecloses the option of an administrative hearing, such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation and agreement that no factual or legal issues are in dispute. Please prepare a detailed statement that establishes why you believe the civil penalty should be remitted, and submit it to the Division of Water Resources at the address listed below. In determining whether a remission request will be approved, the following factors shall be considered: (1) whether one or more of the civil penalty assessment factors in NCGS 143B -282.1(b) was wrongfully applied to the detriment of the petitioner; (2) whether the violator promptly abated continuing environmental damage resulting from the violation; (3) whether the violation was inadvertent or a result of an accident; (4) whether the violator had been assessed civil penalties for any previous violations; or (5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Please note that all evidence presented in support of your request for remission must be submitted in writing The Director of the Division of Water Resources will review your evidence and inform you of his decision in the matter of your remission request. The response will provide details regarding the case status, directions for payment, and provision for further appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty Remissions (Committee) Please be advised that the Committee cannot consider information that was not part of the original remission request considered by the Director Therefore, it is very important that you prepare a complete and thorough statement in support of your request for remission In order to request remission you must complete and submit the enclosed "Request for Remission of Civil Penalties, Waiver of Right to an Administrative Hearing and Stipulation of Facts" form within thu (30) days of receipt of this notice. The Division of Water Resources also requests that you complete and submit the enclosed "Justification for Remission Request." Both forms should be submitted to the following address: Wastewater Branch Division of Water Resources 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Option 3: File a petition for an administrative hearing with the Office of Administrative Hearings: If you wish to contest any statement in the attached assessment document you must file a petition for an administrative hearing. You may obtain the petition form from the Office of Administrative Hearings You must file the petition with the Office of Administrative Hearings within thirty (30) days of receipt of this notice. A petition is considered filed when it is received in the Office of Administrative Hearings during normal office hours The Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8:00 a.m and 5.00 p.m., except for official state holidays. The petition may be filed by facsi-mile (fax) or electronic mail by an attached file (with restrictions) - provided the signed original, one (1) copy and a filing fee (if a filing fee is required by NCGS §150B-23.2) is received in the Office of Administrative Hearings within seven (7) business days following the faxed or electronic transmission. You should contact the Office of Administrative Hearings with all questions regarding the filing fee and/or the details of the filing process. The mailing address and telephone and fax numbers for the Office of Administrative Hearings are as follows - Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 Tel: (919) 733-2698 Fax- (919) 733-3478 One (1) copy of the petition must also be served on DEQ as follows: Mr. William F. Lane, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, North Carolina 27699-1601 Please indicate the case number (as found on page one of this letter) on the petition Failure to exercise one of the options above within trirty (30) days of receipt of this letter, as evidenced by an internal date/time received stamp (not a postmark), will resuh in this matter being referred to the Attorney General's Office for collection of the penalty through a civil action. Please be advised that additional penalties may be assessed for violations that occur after the review period of this assessment. If you have any questions, please contact Janet Cantwell with the Division of Water Resources staff of the Asheville Regional Office at (828) 296-4667 or via email atjanet.cantwell@ncdenr.gov. Sincerely, G Landon Davidson, P.G., Regio�%a.Supervisor Water Quality Regional Operations Seciton- Asheville Regional Office Division of Water Resources, NCDEQ ATTACHMENTS Cc: WQS Asheville Regional Office - Enforcement File NPDES Compliance/Enforcement Unit - Enforcement File G WRditQTtendersom44vstewntenMhnors\Tiendersotis Assisted Lmny'.789TLV=_Ol?-01 70 rtf JUSTIFICATION FOR REMISSION REQUEST Case Number: LV -2017-0170 County: Henderson Assessed Party: Mizpah Healthcare Inc/ Henderson's Assisted Living Permit No.: NC0071897 Amount Assessed: $1,241.62 Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form to request remission of this civil penalty. You should attach any documents that you believe support your request and are necessary for the Director to consider in evaluating your request for remission. Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document Pursuant to N C.G.S. § 143B -282.1(c), remission of a civil penalty may be granted only when one or more of the following five factors apply. Please check each factor that you believe applies to your case and provide a detailed explanation, including copies of supporting documents, as to why the factor applies (attach additional pages as needed). (a) one or more of the civil penalty assessment factors in N.C.G.S. 143B -282.1(b) were wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil penalty assessment document); (b) the violator promptly abated continuing environmental damage resulting from the violation (i.e., explain the steps that you took to correct the violation and prevent future occurrences); (c) the violation was inadvertent or a result of an accident (i e, explain why the violation was unavoidable or something you could not prevent or prepare for), (d) the violator had not been assessed civil penalties for any previous violations; (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions (i e, explain how payment of the civil penalty will prevent you from performing the activities necessary to achieve compliance) EXPLANATION: STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY COUNTY OF HENDERSON IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND STIPULATION OF FACTS Mizpah Healthcare Inc ) Henderson's Assisted Living WWTP ) PERMIT NO NCO071897 ) CASE NO. LV -2017-0170 Having been assessed civil penalties totaling $1,24162 for violation(s) as set forth in the assessment document of the Division of Water Resources dated June 20, 2017, the undersigned, desiring to seek remission of the civil penalty, does hereby waive the right to an administrative hearing in the above -stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the Director of the Division of Water Resources within thirty (3 0) days of receipt of the notice of assessment No new evidence in support of a remission request will be allowed after (30) days from the receipt of the notice of assessment. This the day of .120 SIGNATURE ADDRESS TELEPHONE ATTACHMENT A Mizpah Healthcare Inc CASE NUMBER: LV -2017-0170 PERMIT: NCO071897 REGION: Asheville FACILITY: Henderson's Assisted Living WWTP COUNTY: Henderson LIMIT VIOLATION(S) SAMPLE LOCATION: Outfall 001 - Effluent Violation Report Unit of Limit Calculated % Over Violation Penalty Date Month/Yr Parameter Frequency Measure Value Value Limit Type Amount 4/4/2017 4-2017 BOD, 5 -Day (20 Deg Weekly mg/I 750 1650 1200 Daily $15000 C) - Concentration Maximum Exceeded 4/11/2017 4-2017 BOD, 5 -Day (20 Deg Weekly mg/I 750 930 240 Daily $15000 C) - Concentration Maximum Exceeded 4/20/2017 4-2017 BOD, 5 -Day (20 Deg Weekly mg/I 750 930 240 Daily $15000 C) - Concentration Maximum Exceeded 4/21/2017 4-2017 BOD, 5 -Day (20 Deg Weekly mg/I 750 1040 38 7 Daily $15000 C) - Concentration Maximum Exceeded 4/26/2017 4-2017 BOD, 5 -Day (20 Deg Weekly mg/I 750 1560 1080 Daily C) - Concentration Maximum Exceeded 4/30/2017 4-2017 BOD, 5 -Day (20 Deg Weekly mg/I 5 1220 1444 Monthly C) - Concentration Average Exceeded $15000 $37500 Mrd / aNP'' :S PERABf NO.: NCO071897 PERMIT VERSION: 4 0 PERMIT STATUS: Active FACILITY NAME: Henderson's Assisted Living WWTP CLASS: WW -2 COUNTY: Henderson OWNER NAME: Mlzpah Healthcare Inc ORC: Shannon D James ORC CERT NUMBER: 1002526 GRADE: WW -2 ORC HAS CHANGED: No eDMR PERIOD: 04-2017 (April 2017) VERSION: 10 STATUS: Processed SAMPLING LOCATION: EFFLUENT DISCHARGE NO.: 001 NO DISCHARGE*: NO q Eli H d e E d e E e v F' F a g Oe e F B g O° z O 50050 o m Weekly z a Instantaneous ce Z FLOW 00010 Weekly Grab TEMP -C 00400 Weekly Grab pH 50060 Weekly Grab I CHLORINE C0310 Weekly Grab BOD - Con \ C0610 1 Weekly Grab NH3-N-Cont C0530 Weekly Grab TSS -Cane 31616 2 X month Grab FCOLI BR 00300 Weekly Grab IDO 2400 clock Hrs 7400 clock Hrs YM94 mgd deg c su ug/1 mg/l mg/I mg/1 #/100ml mg/l 1 2 3 1337 083 B 4 1338 083 B 00028 124 7 < 15 165 158 308 <2 68 5 1500 083 B 6 1025 02 B 7 1145 017 B 8 9 10 0830 013 B 11 1250 042 B 00027 112 68 < 15 / ,j 9 3 179 323 6 12 1555 037 B < 15 13 0955 017 B 14 HOLIDAY 15 16 17 0804 025 B 18 0824 013 B < 15 19 1010 017 B 0 002 191 6 < 15 622 20 1721 0 17 B 208 93 21 1154 025 B 192 104 162 308 22 23 24 1838 05 B 25 1153 037 B 0002 194 67 <15 608 26 1726 050 B 187 15 6 135 207 27 1740 017 B 207 28 1 11233 02 IB 1 1206 1<1 29 30 Monthly Average Lwit 0007 5 2 30 200 Monthly Average 0002375 179 0 12 22 1585 2865 1 6 275 Daily Mmmum 00028 208 7 0 165 179 1323 0 68 Daily Minimum 0 002 1112 6 0 93 135 1207 10 16 **** No Reporting Reason ENFRUSE=No Flow-Reuse/Recycle, ENVWTHR=No Visitation— Adverse Weather, NOFLOW=No Flow, HOLIDAY =NoVisitation —Holiday ��,e AoV' 2v /q 4V - 0 y- /� �� 4v, fid NPDES PERMIT NO.: NCO071897 FACILITY NAME: Henderson's Assisted Livn OWNER NAME: Mizpah Healthcare Inc GRADE: WW -2 eDMR PERIOD. 04-2017 (April 2017) COMPLIANCE ST . ompliant PERMI i VERSION: 4 0 WWTP CLASS: WW -2 ORC: Shannon D James ORC HAS CHANGED: No VERSION: 10 CONTACT PHONE #: 8286970063 PERMIT STATUS: Active COUNTY: Henderson ORC CERT NUMBER: 1002526 STATUS: Processed SUBMISSION DATE: 05/19/2017 • K 05/19/2017 ORC/Certifier Signature. Shannon JameE E -Mail JJemi@bellsouth net Phone #:828-697-0063 Date By this signature, I certify that this report is accurate and comp-ete to the best of my knowledge The permittee shall report to the Director or the appropriate Regional Office any noncompliance that potentially threatens public health or the environment Any information shall be provided orally within 24 hours from the time the permittee became aware of the circumstances A written submission shall also be provided within 5 days of the time the permittee becomes aware of the circumstances If the facility is noncompliant, please attach a list of corrective aztions being taken and a time -table for improvements to be made as required by part H E 6 of the NPDES permit 05/19/2017 Permittee/Submitter Signature *** Juanita James E -Mail Jjemi@bellsouth net Phone #.828-697-0063 Date Permittee Address 602 Brookside Camp Rd Hendersonville NC 28792 Permit Expiration Date 11/30/2020 I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted Based on my inquiry of the person or persons who managed the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations. CERTIFIED LABORATORIES LAB NAME: James & James Environmental Mgt, Inc CERTIFIED LAB #: 482 PERSON(s) COLLECTING SAMPLES: Juanita James PARAMETER CODES Parameter Code assistance may be obtained by calling the NPDES Unit (919) 807-6300 or by visiting http.//portal ncdenr.org/web/wq/swp/ps/npdes/forms FOOTNOTES Use only units of measurement designated in the reporting facility's I� PDES permit for reporting data * No Flow/Discharge From Site Check this box if no discharge occurs and, as a result, there are no data to be entered for all of the parameters on the DMR for entire monitoring period ** ORC on Site9 ORC must visit facility and document visitation of facility as required per 15A NCAC 8G.0204 *** Signature of Permittee. If signed by other than the permittee, then delegation of the signatory authority must be on file with the state per 15A NCAC 213 0506(b)(2)(D) -d ,,NP,DES PERMIT NO.: NCO071897 PERMIT VERSION: 4 0 FACILITY NAME: Henderson's Assisted Living WWTP CLASS: WW -2 OWNER NAME: Mizpah Healthcare Inc ORC: Shannon D James GRADE: WW -2 ORC HAS CHANGED: No eDMR PERIOD. 04-2017 (April 2017) VERSION: 10 PERMIT STAAZS Active COUNTY: Henderson ORC CERT NUMBER: 1002526 STATUS: Processed Report Comments: On the 4th and 26th, BOD data valid, Blank was >0 20mg/L On the 26th, BOD data valid, GGA was greater than 228 5mg/L On the 21st, BOD data valid, GGA was less than 167 5mg/L On the 20th, BOD data valid, GGA was less than 167 5mg/L DIVISION OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT (File) Violator: Mizpah Healthcare Inc Facility Name: Henderson's Assisted Living WWTP Permit Number: NCO071897 County: Henderson Case Number: LV -2017-0170 1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation; All effluent violations may be detrimental to the receiving stream but may not be immediately quantified. 2) The duration and gravity of the violation; Four Daily Max BODs exceeded the permit limit by 120 %, 24%, 24%, 38% & 108%. One Monthly Average BOD exceeded the permit limit by 144%. 3) The effect on ground or surface water quantity or quality or on air quality; All effluent violations may be detrimental to the receiving stream but may not be immediately quantified. 4) The cost of rectifying the damage; The cost is unknown. 5) The amount of money saved by noncompliance; The amount of money saved is unknown. The amount of money saved would include the cost of excess solids removal and additional aeration. It would also include more operating and maintenance time on site and the cost of additional chemical treatment. The amount of money saved would include the cost of collection of the additional samples and the cost of analyzing them at a certified lab. 6) Whether the violation was committed willfully or intentionally; It does not appear to be either. 7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and There have been eight civil penalty enforcements in the twelve months prior to this violation. 8) The cost to the State of the enforcement procedures. $116.62 Date G. Landon Davidson, P.G., Regiona upervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDEQ