NC0075353_LV20170190_20170627

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Certified Mail # 7016 1370 0001 6571 8386
Return Receipt Requested
June 27, 2017
Linda G Isaacs
McDowell Assisted Living LLC RECEIVEMCDEQ/01WR
PO Box 909
Marion, NC 28752-0909 JUL 0 6 2017
Water Quality
SUBJECT Notice of Violation and Assessment of Civil Penalty Permitting Section
for Violations of North Carolina General Statute (G S) 143-215 1(a)(6)
and NPDES WW Permit No NCO075353
McDowell Assisted Living LLC
McDowell Assisted Living WWTP
Case No. LV -2017-0190
McDowell County
Dear Permittee -
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $216 62 ($100 00 civil penalty +
$116 62 enforcement costs) against McDowell Assisted Living LLC.
This assessment is based upon the following facts a review has been conducted of the Discharge Monitoring Report
(DMR) submitted by McDowell Assisted Living LLC for the month of March 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
NCO075353 The violations, which occurred in March 2017, are summarized in Attachment A to this letter
Based upon the above facts, I conclude as a matter of law that McDowell Assisted Living LLC violated the terms,
conditions or requirements of NPDES WW Permit No NCO075353 and G S 143-215 l(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 McDowell
Assisted Living LLC -
State of North Carolina I Environmental Quality I Water Resources
2090 U S 70 Highway, Swannanoa, NC 28778
828-296-4500

$100.00 1 of the 1 violations of 143-215 1(a)(6) and Permit NO.NC0075353, by discharging wastewater into
the waters of the State in violation of the Permit Daily Maximum for BOD - Cone.
$0.00 0 of the 1 violations of 143-215 1(a)(6) and Permit No.NC0075353, by discharging waste water into
the waters of the State in violation of the Permit Monthly Average for TSS - Cone
$100.00 TOTAL CIVII, PENALTY
$116 62 Enforcement Costs
$216.62 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
f•
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) 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 (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 in. and 5:00 p in., 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 § 15 OB -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 Hear=ings 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 (3 0) 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 at janet.cantwell@ncdenr gov
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;WQ:.bicDowellIW3stawatei4NGnors\blcDowell Asstated Lwng 753S3,LV-2017-0190 at

V
JUSTIFICATION FOR REMISSION REQUEST
Case Number: LV -2017-0190 County: McDowell
Assessed Party: McDowell Assisted Living LLC
Permit No.: NC0075353 Amount Assessed: $216.62
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 MCDOWELL
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
McDowell Assisted Living LLC )
McDowell Assisted Living WWTP )
PERMIT NO. NCO075353 ) CASE NO. LV -2017-0190
Having been assessed civil penalties totaling $216.62 for violation(s) as set forth in the assessment document of the Division
of Water Resources dated June 27, 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 Div=sion 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 (3 0) days from the receipt of the
notice of assessment.
This the
day of
ADDRESS
TELEPHONE
SIGNATURE
PIC

ATTACHMENT A
McDowell Assisted Living LLC
CASE NUMBER: LV -2017-0190
PERMIT: NCO075353 REGION: Asheville
FACILITY: McDowell Assisted Living WWTP COUNTY: McDowell
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
3/29/2017 3-2017 BOD, 5 -Day (20 Deg Weekly mg/I 45 5770 282 Daily $10000
C) - Concentration Maximum
Exceeded
3/31/2017 3-2017 Solids, Total Weekly mg/I 30 3400 132 Monthly $000
Suspended- Average
Concentration Exceeded

DIVISION OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT (File)
Violator: McDowell Assisted Living LLC
Facility Name: McDowell Assisted Living WWTP
Permit Number: NCO075353
County: McDowell
Case Number: LV -2017-0190
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;
One Daily Max BOD exceeded the permit limit by 28.22%
One Monthly Average TSS exceeded the permit limit by 13.19%.
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 no civil penalty enforcements in the twelve months prior to this violation.
8) The cost to the State of the enforcement procedures.
$116.62
oG -
Date
G. Landon Davidson, P.G., Regional Supervisor
Water Quality Regional Operations Section
Asheville Regional Office
Division of Water Resources, NCDEQ

NPDES PERMIT NO.: NCO075353 PERMIT VERSION: 4 0
FACILITY NAME: McDowell Assisted Living WWTP CLASS: WW -2
OWNER NAME: McDowell Assisted Living LLC ORC: Robert Gross Rowe
GRADE: WW -2 ORC HAS CHANGED: No
eDMR PERIOD. 03-2017 (March 2017) VERSION. 10
bZe
PERNIIT STATUS: Active
COUNTY: McDowell
ORC CERT NUMBER: 999739
STATUS. Processed
SAI9DPI_,E'gG LOCATION: EFFLUENT DISCHARGE IST®.: 001 NO DISCII R E : NO
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50050
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Instantaneous
FLOW
00010
Weekly
Grab
TEMP -C
00400
Weekly
Grab
PH
50060
2Xweek
Grab
CHLORINE
C0310
Weekly
Grab
BOD -Coo
C0610
Weekly
Grab
NH3-N-Caae
C0530
Weekly
Grab
'ISS-Coae
31616
Weekly
Grab
FCOLI BR
2400 dock
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2400 clack
Mrs
YBIN
mgd
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#/1001111
1
0847
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< 15
2
1325
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15
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< 15
273
455
22 8
< 1
3
0852
17
Y
4
5
6
0758
17
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0 002
118
.79
< 15
7
1040
17
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8
0824
17
Y
< 15
9
0805
.25
Y
125
74
<2
443
393
<2
io
0720
17
Y
11
12
13
0925
17
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0 002
13
9
< 15
14
0935
17
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116
81
124
631
39
<2
is
1510
17
Y
< 15
16
0842
17
Y
9 9
79
17
0848
17
Y
18
19
20
0830
17
Y
0 002
< 15
21
0751
17
Y
123
74
586
922
286
<4
22
0825
17
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< 15
345
23
0845
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114
75
371
24
10735
1 17
Y
25
26
27
0810
25
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0 002
152
82
< 15
28
0810
17
Y
29
0805
25
Y
152
82
<15
577
971
364
<2
30
1030
17
Y
31
1
10715
1 17
JY
Monthly Average limit 001
30
30
200
Monthly Average
0 002
1279
0
20 652
6 844
33 957143
1
Davy Manmum
0 002
152
9
0
577
971
393
0
Daily Minimum
0 002
99
7
0
10
443
228
10
****No Reporting Reason ENFRUSE=No Flow-Reuse/Recycle, ENVWTHR=No Visitation— Adverse Weather, NOFLOW=No Flow, HOLIDAY=NoVisitation—Holiday
nay

NPDES PERMIT NO.: NCO075353 PERMIT VERSION: 4 0
FACILITY NAME: McDowell Assisted Living W WTP CLASS: WW -2
OWNER NAME: McDowell Assisted Living LLC ORC: Robert Gross Rowe
GRADE: WW -2
eDMR PERIOD 03-2017 (March 2017)
COMPLIANCE STATUS: Compliant
ORC HAS CHANGED: No
VERSION: 10
CONTACT PHONE #: [phone]
PERMIT STATUS: Active
COUNTY: McDowell
ORC CERT NUMBER: 999739
STATUS: Processed
SUBMISSION DATE: 04/17/2017
ORC/Certifier Signature: Robert Rowe E-Mai1:R.Rowe@b ells outh.net Phone #:[phone]
By this signature, I certify that this report is accurate and complete to the best of my knowledge
04/17/2017
Date
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 tme 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 actions being taken and a time -table for improvements to be made as required by part H E.6 of
the NPDES permit
04/17/2017
Permittee/Submitter Signature *** Juanita James E-Mail.jjemi@bellsouth net Phone # [phone] Date
Permittee Address. Rt 9 Box 415 Marion NC 28752 Permit Expiration Date. 12/31/2019
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 fot submitting false information, including the possibility of fines and imprisonment for
knowing violations
LAB NAME: James & James Environmental Mgt, Inc
CERTIFIED LAB #: 482
PERSON(s) COLLECTING SAMPLES: Robert Rowe
CERTIFIED LABORATORIES
PARAMETER CODES
Parameter Code assistance may be obtained by calling the NPDES Unit [phone] 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 NPDES 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 Site?: 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 2B
0506(b)(2)(D)

NPDES PERMIT NO.: NCO075353 PERMIT VERSION: 4.0
FACILITY NAME: McDowell Assisted Living W WTP CLASS: WW -2
OWNER NAME: McDowell Assisted Living LLC ORC: Robert Gross Rowe
GRADE: WW -2 ORC HAS CHANGED: No
eDMR PERIOD. 03-2017 (March 2017) VERSION: 10
P
PERMIT STATUS: Active
COUNTY: McDowell
ORC CERT NUMBER: 999739
STATUS. Processed
Report Comments.
On the 2nd, 14th and 29th, BOD data vand, Blank was >0 20mg/L On the 2nd, BOD data valid, GGA was greater than 228 5mg/L
Your facihty exceeded the permit chscharge Imuts on the items listed below
BOD -5 DAY 57 7 mg/1 on the 29th
Comphant Monthly Average
TOTAL SUSPENDED SOLIDS 33 957 mg/l Monthly Average
This gave one daily maximum violation and did give two monthly violations We determined that the cause of the violation was probably due to the facility having an mflow of
somethmg toxic or grease The facility regamed compliance quickly The effluent was clear and no odor was present The facihty was scheduled to be pumped of the grease to
allow for the system to recover
You may receive a fine for tlus violation