NC0000108_NOV-2017-LV-0590_20170830

Certified Mail # 7004 0750 0000 2589 9750
Return Receipt Requested
August 30, 2017
Jim Kelley
New Excelsior Inc
1379 Old Rosman Hwy
Brevard, NC 28712
SUBJECT: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY
Tracking Number: NOV-2017-LV-0590
Permit No. NC0000108
New Excelsior WWTP
Transylvania County
Dear Permittee:
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SEP 0 7 2017
Water Ouanty
Permitting Section
A review of the July 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
003 Effluent Solids, Total Suspended - 7/5/2017 45 56.9 Daily Maximum Exceeded
Concentration (C0530)
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.
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 days 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.
State of North Carolina I Environmental Quality I Water Resources
2090 U S 70 Highway, Swannanoa, NC 28778
828-296-4500