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Certified Mail # 7016 1370 0001 65718737
Return Receipt Requested
July 5, 2017
ATTN: Robert Crummie
Mizpah Healthcare Inc
74 Lotus Lane
Hendersonville, NC 28792
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SUBJECT: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY
Tracking Number: NOV-2017-LV-0474
Permit No. N00071897 RECEIVED/NCDEWWR
Henderson's Assisted Living WWTP
Henderson County JUL 17 2017
Dear Permittee: Water Quality
Permitting Sect on
A review of the May 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) -
5/11/2017
7.5
21.8
Daily Maximum Exceeded
Concentration (C0310)
001 Effluent
BOD, 5 -Day (20 Deg. C) -
5/16/2017
7.5
62.4
Daily Maximum Exceeded
Concentration (C0310)
001 Effluent
BOD, 5 -Day (20 Deg. C) -
5/25/2017
7.5
21.8
Daily Maximum Exceeded
Concentration (C0310)
001 Effluent
BOD, 5 -Day (20 Deg. C) -
5/31/2017
7.5
14.8
Daily Maximum Exceeded
Concentration (C0310)
001 Effluent
BOD, 5 -Day (20 Deg. C) -
5/31/2017
5
25.5
Monthly Average Exceeded
Concentration (C0310)
001 Effluent
Nitrogen, Ammonia Total (as
5/31/2017
2
3.25
Monthly Average Exceeded
N) - Concentration (C0610)
State of North Carolina Environmental Quality I Water Resources
2090 U S 70 Highway, Swannanoa, NC 28778
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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 ($5,000.00) 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 "riting within ten (10) business days after receipt of this Notice.
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 9.0 -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,
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
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