NC0066362_LV20170194_20170628

ROY COOPER.
M1CHAEL S. REGA
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Wawr#esources S, J&Y Z[MMEMAN
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Certified Mail # 7016 1370 0001 6571 8423
Return Receipt Requested
June 28, 2017
Nathan D Benson
RECEIVED/NCMENWR
PO Box 1090 JUL 0 6
Mountain Home, NC 28758-1090 2017
Water Quality
Permitting Section
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 NCO066362
Nathan D Benson
Benson Apartments WWTP
Case No LV -2017-0194
Henderson County
Dear Permittee
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $554 12 ($437.50 civil penalty +
$116 62 enforcement costs) against Nathan D Benson
This assessment is based upon the following facts a review has been conducted of the Discharge Monitoring Report
(DMR) submitted by Nathan D Benson for the month of November 2016 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 NCO066362 The
violations, which occurred in November 2016, are summarized in Attachment A to this letter
Based upon the above facts, I conclude as a matter of law that Nathan D Benson violated the terms, conditions or
requirements of NPDES WW Permit No. NCO066362 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 Nathan D
Benson
State of North Carolina I Environmental Quality I Water Resources
2090 U S 70 Highway, Swannanoa, NC 28778
828-296-4500

$12500 1 of the 2 violations of 143-215.1(a)(6) and Permit No.NC0066362, by discharging wastewater into
the waters of the State in violation of the Permit Daily Maximum for TSS - Conc.
$31250 1 of the 1 violations of 143-215 1(a)(6) and Permit No.NC0066362, by discharging waste water into
the waters of the State in violation of the Permit Monthly Average for TSS - Cone
$437 50 TOTAL CIVIL, PENALTY
$116 62 Enforcement Costs
$554.12 TOTAL AMOUNT DUE
Pursuant to G.S. 143-215 6A(c), in determining the 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 Branch
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 thirty(30) dys 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 (3 0) 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 facsimile (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: [phone]
Fax: [phone]
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 thirty (30) days of receipt of this letter, as evidenced by an internal
date/time received stamp (not a postmark), will result 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 [phone] or via email [e-mail].
Sincerely,
G Landon Davidson, P.G., Regional Supervisor
Water Quality Regional Operations Section
Asheville Regional Office
Division of Water Resources, NCDEQ
ATTACHMENTS
Cc- WQS Asheville Regional Office - Enforcement File
NPDES Compliance/Enforcement Unit - Enforcement File
G+WR\R'Q1HendeisonSN'nete+keterNLnunSBensnn _kpartmenls 601621-b=2017-0144 rif

JUSTIFICATION FOR RENIISSION REQUEST
Case Number: LY -2017-0194 County: Henderson
Assessed Party: Nathan D Benson/ Benson Apts.
Permit No.: NC0066362 Amount Assessed: $554.12
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.0 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
COUNTY OF HENDERSON
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST
Nathan D Benson
Benson Apartments
DEPARTMENT OF ENVIRONMENTAL QUALITY
WAIVER OF RIGHT TO AN
ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
PERMIT NO. NCO066362 ) CASE NO. LV -2017-0194
Having been assessed civil penalties totaling $554.12 for violation(s) as set forth in the assessment document of the Division
of Water Resources dated June 28, 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 (30) 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
ADDRESS
TELEPHONE
SIGNATURE
20

ATTACHMENT A
Nathan D Benson
CASE NUMBER: LV -2017-0194
PERMIT: NCO066362 REGION: Asheville
FACILITY: Benson Apartments 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
11/3/2016
11-2016
Solids, Total
Weekly
mg/I
45
5530
229
Daily
$12500
Suspended-
Maximum
Concentration
Exceeded
11/23/2016
11-2016
Solids, Total
Weekly
mg/I
45
51 60
147
Daily
$000
Suspended-
Maximum
Concentration
Exceeded
11/30/2016
11-2016
Solids, Total
Weekly
mg/I
30
3740
245
Monthly
$31250
Suspended-
Average
Concentration
Exceeded

DIVISION OF WATER RESOURCES - CIVIL, PENALTY ASSESSMENT (File)
Violator: Nathan D Benson
Facility Name: Benson Apartments WWTP
Permit Number: NCO066362
County: Henderson
Case Number: LV -2017-0194
ASSESSMENT FACTORS
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;
Two Daily Max TSSs exceeded the permit limit by 22.88% & 14.66%.
One MonthlAverage TSS exceeded the permit limit by 24.52%.
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.
Potential violations may not be revealed with "Failure to Monitor."
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 five 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., Regional Supervisor
Water Quality Regional Operations Section
Asheville Regional Office
Division of Water Resources, NCDEQ

f
NPDES PERMIT NO: NCO066362
FACILITY NAME: Benson Apartments
OWNER NAME: Nathan D Benson
GRADE: WW -2
eDM[R PERIOD. 11-2016 (November 2016)
PERMIT VERSION: 4 0
CLASS: WW -2
ORC: Shannon D James
ORC HAS CHANGED: No
VERSION: 10
PERMIT STATUS: Active
COUNTY: Henderson
ORC CERT NUMBER: 1002526
STATUS Processed
SAMT GAG LOCATION: EFFLUENT DISCHARGE NO.: 001 NO DISCHARGE*: NO
4
u
u'
e
v
F'
A
A
E
$
O
a
Z
50050
Weekly
Instantaneous
FLOW
00010
Weekly
Grab
TEMP -C
00400
Weekly
Grab
pH
50060
2Xweek
Grab
CHLORINE
C0310
Weekly
Grab
BOD -Cone
C0610
Weekly
Grab
NH3-N-Co a
C+
Weekly
Grab
TSS -Cone
31616
2Xmonth
Grab
FCOM BR
81010
Calculated
BODS -%R
2400 clack
Mrs
2400 clock
Hrs
YAW
mgd
deg c
au
ug/l
m9/1
mg/l
mg/1
N100m1
percent
1
1115
67
Y
2
1740
25
Y
3
1205
45
Y
143
169
55 3
< 1
4
1659
13
Y
0 005
20 8
74
< 15
5
<15
6
7
1727
18
Y
8
1218
33
Y
0005
175
66
<15
362
136
<2
9
1510
17
Y
10
0755
1 55
Y
109
72
< 15
559
11
HOLIDAY
12
13
14
1425
73
Y
< 15
is
11655
13
Y
16
1502
38
Y
0005
181
68
<2
0113
384
<1
17
1250
25
Y
< 15
18
1555
17
Y
i9
20
21
1425
47
Y
< 15
22
1445
33
Y
23
1215
47
Y
0005
125
78
<15
<2
102
516
<4
24
HOLIDAY
25
HOLIDAY
26
27
28
1535
38
Y
< 15
4 33
144
359
29
1620
30
Y
30
1
10940
1 20
1 Y
1
0 005
176
178
<15
I
< 1
9759
Monthly Avenge Lima- 0 008
30
14 5
130
200
Monthly Avenge
0 005
16,233333
0
10 966
110426
37358
1
9759
Dady Maumum
0,005
208
78
0
362
16 9
553
0
9759
DadyMmunum
0 005
109
66
0
0
0113
559
0
9759
**** No Reporting Reason ENFRUSE = No Flow-Reuse/Recycle, ENVWTHR=NoVisitation — Adverse Weather, NOFLOW=No Flow, HOLIDAY =NoVisitation —Holiday

0
NPDES PERMIT NO.. NCO066362
FACILITY NAME: Benson Apartments
OWNER NAME: Nathan D Benson
GRADE. WW -2
eDMR PERIOD. 11-2016 (November 2016)
PERMIT VERSION: 4 0
CLASS: WW -2
ORC: Shannon D James
ORC W -S CHANGED: No
VERSION. 10
PERMIT STATUS: Active
COUNTY: Henderson
ORC CERT NUMBER: 1002526
STATUS: Processed
Report Comments.
On the 3rd TSS data valid, Duplicate exceeded QC criteria. On the 8th, 29th and 30th, BOD data valid, Blank was >0 20 mg/L On the 16th, 29th and 30th, BOD data valid,
GGA was greater than 228 5mg/L On the 3rd, 29th and 30th, BOD data valid, RPD>30% The percent removal for the month of November on BOD -5 day was 97 59% and
Ammonia Nitrogen, 76 75% The facility was non-comphant for Total Suspended Solids being 55 3mg/L on November 3rd and 51 6mg/L on the 23rd giving a monthly average
of 37 36mg/L The facility experienced a strong influx of grease into the facility The facility was pumped from the aeration basin, chlorine contact chamber and the pump tank
with two loads removed and one load of seed brought in The facility is gradually improving in the month of December Aluminum Sulfate and Soda Ash were added to settle
out the grease and age the remaining bacteria We continue to monitor tins facility closely with regard to the type influent we receive Thank you for your understanding with the
challenges of the facility

9
/
Permit Enforcement History Fe
Details by Owner
6/28/2017
1
Owner Nathan D Benson
Facility Benson Apartments
Permit NCO066362
Region Asheville County Henderson
LV -2010-0207
3-2010
Penalty
$43750
$6700
Remission
Enf
Enf
EMC
EMC
OAH Collection
Has
8/12/12
LV -2010-0267
4-2010
Assessment Penalty
Enforcement
Request
Conf
Remission
Hearing
Remission
Remission MemoSent Total
Balance Pmt
Case
Case
MR
Approved
Amount
Costs
Damages Received
Held
Amount
Held
Amount
Amount To AGO Paid
Due Plan
Closed
Number
LV -2010-0374
6-2010
11/18/10 $1,27500
$6700
12/20/10 7/25/11
$000
1/12/12
$63750
$70450
$000 No
8/12/12
LV -2011-0008
LV -2009-0134
2-2009
5/1/09
$45000
$6500
6/11/09
10/3/09
$000
$18750
$25450
$51500
$0 00 No
7/30/10
LV -2009-0398
7-2009
11/4/09
$20000
$6700
11/11/09 1/20/10
$000
1/12/12
$10000
$26700
$0 00 No
7/30/10
LV -2010-0118
12-2009 5/5/10
$90000
$6700
5/12/10
7/12/10
$000
5/12/11
$000
$96700
$0 00 No
8/1/11
LV -2010-0137
1-2010
5/6/10
$85000
$6700
6/5/10
8/7/10
$000
5/12/11
$000
$91700
$0 00 No
8/1/11
LV -2010-0179
2-2010
6/16/10
$31250
$6700
7/13/10
4/19/11
$000
1/12/12
$15625
$22325
$0 00 No
8/27/12
LV -2010-0207
3-2010
7/1/10
$43750
$6700
7/13/10
4/19/10
$000
1/12/12
$21875
$28575
$0 00 No
8/12/12
LV -2010-0267
4-2010
8/17/10
$43750
$6700
9/20/10
4/17/11
$000
1/12/12
$21875
$28575
$0 00 No
8/27/12
LV -2010-0310
5-2010
9/14110
$1,00000
$6700
9/23/10
4/19/11
$000
1/12/12
$50000
$56700
$000 No
3/12/12
LV -2010-0374
6-2010
11/18/10 $1,27500
$6700
12/20/10 7/25/11
$000
1/12/12
$63750
$70450
$000 No
8/12/12
LV -2011-0008
7-2010
1/12/11
$37500
$6700
2/12/11
$000
1/12/12
$18750
$25450
$000 No
8/19/12
LV -2011-0010
8-2010
1/12/11
$20000
$6700
2/12/11
7/25/11
$000
1/12/12
$10000
$16700
$000 No
8/12/12
LV -2016-0040
6-2015
1/28/16
$25000
$15926
2/19/16
5/3/16
$000
$40926
$000 No
7/13/16
LV -2016-0064
7-2015
3/2/16
$10000
$15822
$25822
$0 00 No
7/13/16
LV -2016-0136
3-2016
7/26/16
$45000
$11294
$56294
$000 No
8/10/16
LV -2016-0171
4-2016
8/29/16
$10000
$11294
9/9/16
10/4/16
$000
$21294
$000 No
11/17/16
LV -2017-0021
8-2016
1/20/17
$55000
$11662
2/9/17
3/7/17
$000
$66662 No

6/28/2017
2
LV -2017-0090 9-2016 3/30/17 $650 00 $11662 4/18/17 5/2/17 $000 $766 62 No
LV -2017-0107 10-2016 3/31/17 $800 00 $11662 $916 62 No
Total Cases 18 Total Penalty Amount $9,338 Total Enforcement Cost $1,62822 Sum Of Total Paid $6,59711
Total Balance Due $2,34986
Sum of Total Case Penalties $10,96572 Total Penalties After Remissions $8,94697