NC0034924_LV20170219_20170711

Water resources
euvIAaMearat_nUALITY
Certified Mail # 7016 1370 0001 6571 8874
Return Receipt Requested
July 11, 2017
Roger C Floren, II
Flesher's Fairview Rest Home
PO Box 1160
Fairview, NC 28730-1160
SUBJECT- Notice of Violation and Assessment of Civil Penalty
for Violations of North Carolina General Statute (G S ) 143-215 l(a)(6)
and NPDES WW Permit No NCO034924
Flesher's Fairview Rest Home
Flesher's Fairview Rest Home WWTP
Case No LV -2017-0219
Buncombe County
Dear Permittee.
ROY COOPER
0007 cr
MICHAEL S. RECAN
-Wetary
Maw
RECEIVEDINCDEQIDWR
JUL 17 2017
Water u Stion
allly
permitting Section
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $316 62 ($200 00 civil penalty +
$116 62 enforcement costs) against Flesher's Fairview Rest Home
This assessment is based upon the following facts a review has been conducted of the Discharge Monitoring Report
(DMR) submitted by Flesher's Fairview Rest Home 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
NCO034924 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 Flesher's Fairview Rest Home violated the terms, conditions
or requirements of NPDES WW Permit No NCO034924 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 Flesher's
Fairview Rest Home.
State of North Carolina I Environmental Quality I Water Resources
2090 U S 70 Highway, Swannanoa, NC 28778
828-296-4500

m
$200.00 2 of the 2 violations of 143-215 1(a)(6) and Permit No NC00349243 by discharging waste water into
the waters of the State in violation of the Permit Daily Maximum for FCOLI BR.
$200.00 TOTAL CIVIL PENALTY
$116.62 Enforcement Costs
$316 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 Branch
Division of Wate~ Resources
1617 Mail Servic-. Center
Raleigh, North Carolina 27699-1617

y 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 (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 in. 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 (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 [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\lVR1WQ\Buncombe?Wnstewnter%d\4mors\Flesher's Rest Home 34924\L�-2017-0219 al

JUSTIFICATION FOR REMISSION REQUEST
Case Number: LV -2017-0219
Assessed Party: Flesher's Fairview Rest Home
Permit No.: NC0034924
County: Buncombe
Amount Assessed: $316.62
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
COUNTY OF BUNCOMBE
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST
Flesher's Fairview Rest Home
Flesher's Fairview Rest Home
PERMIT NO. NCO034924
DEPARTMENT OF ENVIRONMENTAL QUALITY
WAIVER OF RIGHT TO AN
ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
CASE NO. LV -2017-0219
Having been assessed civil penalties totaling $316.62 for violation(s) as set forth in the assessment document of the Division
of Water Resources dated July 11, 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 (3 0) days from the receipt of the
notice of assessment.
This the day of 20
SIGNATURE
ADDRESS
TELEPHONE

PERMIT: N00034924
FACILITY: Flesher's Fairview Rest Home
ATTACHMENT A
Flesher's Fairview Rest Home
CASE NUMBER: LV -2017-0219
REGION: Asheville
COUNTY: Buncombe
LIMIT VIOLATION(S)
SAMPLE LOCATION:
Outfall 001 - Effluent
Violation Report
Unit of
Limit
Calculated
% Over
Violation
Penalty
Date MonthNr
Parameter
Frequency
Measure
Value
Value
Limit
Type
Amount
3/21/2017 3-2017
Coliform, Fecal MF,
Weekly
#/100ml
400
600
500
Daily
$10000
MFC Broth, 44 5 C
Maximum
Exceeded
3/30/2017 3-2017
Coliform, Fecal MF,
Weekly
#/100m1
400
600
500
Daily
$10000
MFC Broth, 44 5 C
Maximum
Exceeded

DIVISION OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT (File)
Violator: Flesher's Fairview Rest Home
Facility Name: Flesher's Fairview Rest Home WWTP
Permit Number: NCO034924
County: Buncombe
Case Number: LV -2017-0219
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 Fecals each exceeded the permit limit by 50%.
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 two civil penalty enforcements in the twelve months prior to this violation.
8) The cost to the State of the enforcement procedures.
$11662
a �>
Date G. Landon Davidson, P.G., Regional Supe 'sor
Water Quality Regional Operations Section
Asheville Regional Office
Division of Water Resources, NCDEQ

NPDES PERMIT NO.: NCO034924
FACILITY NAME: Flesher's Fairview Rest Home
OWNER NAME: Flesher's Fairview Rest Home
GRADE- WW -2
eDMR PERIOD. 03-2017 (March 2017)
PERMIT VERSION: 5 0
CLASS: WW -2
ORC: Sbannon D James
ORC HAS CHANGED: No
VERSION. 10
PERMIT STATUS: Active\
COUNTY: Buncombe
ORC CERT NUMBER: 1002526
STATUS: Processed
SAMPLING ]LOCATION: EFFLUENT DISCHARGE NO.: 001 NO DISCHARGE*: NO
**** No Reporting Reason ENFRUSE = No Flow-Reuse/Recycle, ENVWTHR = No Visitation — Adverse Weather, NOFLOW = No Flow, HOLIDAY = No Visitation — Holiday
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FLOW
00010
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Grab
TEW-C
00400
Weekly
Grab
pa
50060
2 X month
Grab
CHLORINE
C0310
Weekly
Composite
ROD con.
C0610
2 X month
Composite
Na3-N-Con.
C0530
Weekly
Composite
TSS -Cone
31616
9
Weekly j
Grab
FCOLI BR
2400 do&
Errs
2400.1o.k
ars
Y/B/N
mgd
deg c
so
ug/l
mg/1
m9/1
mgft
/ -w 1
1
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1
0 006
2
1210
05
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0008
<15
3
1325
05
Y
0 006
4
00067
5
00067
6
1355
048
Y
00067
7
1510
092
Y
001
<15
8
1045
24
1035
083
Y
0 007
14
67
< 15
259
<01
38
< 1
9
1050
058
Y
0 007
10
1322
.025
Y
0 008
11
00067
12
00067
13
1245
100
Y
00067
14
1350
24
1345
05
Y
0009
108
8
<15
<2
17
<1
15
1105
042
Y
0 008
16
1418
042
Y
001
17
1140
025
Y
0 007
< 15
18
0 008
19
0,008
20
1140
05
Y
0 008
21
1235
24
1225
05
Y
0 013
136
66
< 15
161
0 119
371
> 600
22
1432
013
Y
0 012
23
11105
1042
Y
0 005
< 15
24
1205
03
Y
0 007
25
00063
26
00063
27
1232
042
Y
00063
28
11127
1017
Y
0 006
29
0855
033
Y
0 005
30
1215
24
1207
038
Y
0 008
174
7
< 15
216
85
> 600
31
1133
025
Y
0012
<15
Mo.WYAveragelemd 0035
30
30
200
Moatbly Average
0007648
1395
0
100725
00595
166
24 494897
Dady Mmiamn
0 013
174
8
0
216
0119
371
600
DadyMmwum
0 005
108
6 6
0
0
0
3 8
0
**** No Reporting Reason ENFRUSE = No Flow-Reuse/Recycle, ENVWTHR = No Visitation — Adverse Weather, NOFLOW = No Flow, HOLIDAY = No Visitation — Holiday
• �°� a ,,fi�gg/� ��

NPDES PERMIT NO.: NCO034924
FACILITY NAME: Flesher's Fairview Rest Home
OWNER NAME: Flesher's Fan -view Rest Home
GRADE: WW -2
eDM32 PERIOD: 03-2017 (March 2017)
PERMIT VERSION• 5 0
CLASS: WW -2
ORC. Shannon D James
ORC HAS CHANGED: No
VERSION. 10
Report Comments.
On the 8th, 14th and 30th, BOD data valid, Blank was >0 20mg/L
Your facility exceeded the permit discharge hunts on the items listed below
- A r nnT TDl1 I
>600 colonies Der 100 mis for the 21st and the 30th
PERMIT STATUS: Active
COUNTY: Buncombe
ORC CERT NUMBER: 1002526
STATUS. Processed
This gave two daily maximum violations and did not give a monthly violation We determined that the cause of the violation was probably due to the heavy discharge of
instantaneous flow from the facility We have increased the quantity of tubes being used in the chlorine tube feeder to accommodate the need This chamber is an aerated
chamber which reduces chlorine
You may receive a monetary fine for this violation