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HomeMy WebLinkAboutNC0034924_NOV2017LV0566_201708171 , - - vs� _ a- _ ; •" _�. t- 4 -� i -� i 1-S LLpS y11���•f 1{i- �'r'!'- •.�:_°�'` rt' La Certified Mail # 7016 1370 000165717242 Return Receipt Requested August 18, 2017 Roger C Floren, II Flesher's Fairview Rest Home PO Box 1160 Fairview, NC 28730-1160 SUBJECT: NOTICE OF VIOLATION & INTENS' TO ASSESS CIVIL PENALTY Tracking Number: NOV-2017-LV-0566 Permit No. NCO034924 Flesher's Fairview Rest Home WWTP Buncombe County Dear Permittee: art RECEIVEDINCDEQI WR SEP 0 1 2017 vvater Quality Permitting Section A review of the June 2017 Discharge Monitoring Report (DMR) for the subject facility revealed the violation(s) indicated below: Limit Exceedance Violation(s): Sample Location Parameter Limit Reported Date Value Value Type of Violation 001 Effluent BOD, 5 -Day (20 Deg. C) - 6/7/2017 45 68.9 Daily Maximum Exceeded Concentration (C0310) 001 Effluent BOD, 5 -Day (20 Deg. C) - 6/30/2017 30 45.6 Monthly Average Exceeded Concentration (C0310) 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 ($25,000.00) 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. State of North Carolina I Environmental Quality I Water Resources 2090 U S 70 Highway, Swannanoa, NC 28778 If you wish to provide additional information regarding the noted violation, request technical assistance, or discuss overall compliance please respond in writing within ten (10) business da -s after receipt of this Notice. A 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 10 -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, G. 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 G•\WR\WQ\Buncombe\Wastewater\Minors\Flesher's Rest Home 34924\NOV-NOI-2017-LV-0566 rtf