NC0071897_LV20170260_20170905

DIVISION OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT (File)
Violator: Mizpah Healthcare Inc
Facility Name: Henderson's Assisted Living WWT]P
Permit Number: NCO071897 I D/M
CEIVEDEQ/DWR
County: Henderson
Case Number: LV -2017-0260 SEP 0 7 2017
ASSESSMENT FACTORS Water
Quality
Permitting Section
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;
Four Daily Max BODs exceeded the permit limit by 190%, 732%, 190% &97%.
One Monthly Average Ammonia Nitrogen exceeded the permit limit by 62.3%.
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 eight civil penalty enforcements in the twelve months prior to this violation
8) The cost to the State of the enforcement procedures.
$118.68
Date G. Landon Davidson, P.G., Regional Supervisor
Water Quality Regional Operations Section
Asheville Regional Office
Division of Water Resources, NCDEQ

Certified Mail # 7016 1370 0001 6571 7426
Return Receipt Requested
September 05, 2017
Robert Crummie
Henderson's Assisted Living
Mizpah Healthcare Inc
74 Lotus Lane
Hendersonville, NC 28792
SUBJECT Notice of Violation and Assessment of Civil Penalty
for Violations of North Carolina General Statute (G S ) 143-215 1(a)(6)
and NPDES WW Permit No NCO071897
Mizpah Healthcare Inc
Henderson's Assisted Living WWTP
Case No. LV -2017-0260
Henderson County
Dear Permittee
ROY COOPER
lov�m
MICHAEL S. REGAN
gra Y
S. JAY ZIMMERMAN
Dh r
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $2,818 68 ($2,700 00 civil penalty
+ $118 68 enforcement costs) against Mizpah Healthcare Inc
This assessment is based upon the following facts a review has been conducted of the Discharge Monitoring Report
(DMR) submitted by Mizpah Healthcare Inc for the month of May 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 NCO071897 The
violations, which occurred in May 2017, are summarized in Attachment A to this letter
Based upon the above facts, I conclude as a matter of law that Mizpah Healthcare Inc violated the terms, conditions or
requirements of NPDES WW Permit No NCO071897 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 Mizpah
Healthcare Inc
State of North Carolina I Environmental Quality I Water Resources
2090 U S 70 Highway, Swannanoa, NC 28778
828-296-4500

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) dys 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

JUSTIFICATION FOR REMISSION REQUEST
Case Number: LV -2017-0260 County: Henderson
Assessed Party: Nfizpah Healthcare Inc/ Henderson's Assisted Living
Permit No.: NC0071897 Amount Assessed: $2,818.68
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. 14313-282 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:

ATTACHMENT A
Mizpah Healthcare Inc
CASE NUMBER: LV -2017-0260
PERMIT:
NCO071897
REGION:
Asheville
FACILITY:
Henderson's Assisted Living WWTP
COUNTY:
Henderson
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
5/11/2017
5-2017
BOD, 5 -Day (20 Deg
Weekly
mg/1
750
21 80
1907
Daily
$30000
C) - Concentration
Maximum
Exceeded
5/16/2017
5-2017
BOD, 5 -Day (20 Deg
Weekly
mg/I
750
6240
7320
Daily
$30000
C) - Concentration
Maximum
Exceeded
5/25/2017
5-2017
BOD, 5 -Day (20 Deg
Weekly
mg/I
750
21 80
1907
Daily
$30000
C) - Concentration
Maximum
Exceeded
5/31/2017
5-2017
BOD, 5 -Day (20 Deg
Weekly
mg/1
750
1480
973
Daily
$30000
C) - Concentration
Maximum
Exceeded
5/31/2017
5-2017
BOD, 5 -Day (20 Deg
Weekly
mg/I
5
2550
4099
Monthly
$75000
C) - Concentration
Average
Exceeded
5/31/2017
5-2017
Nitrogen, Ammonia
Weekly
mg/I
2
330
623
Monthly
$75000
Total (as N) -
Average
Concentration
Exceeded

NPDES PERMIT NO.: NCO071897
FACILITY NAME: Henderson's Assisted
OWNER NAME: Mlzpah Healthcare Inc
GRADE: WW -2 _
eDMR PERIOD: 05-2017 (May 2017)
PERMIT VERSION. 4 0
WWTP CLASS: WW -2
ORC: Shannon D James
ORC HAS CHANGED: No
VERSION: 10
PERMIT STATUS: Actly /
COUNTY: Henderson
ORC CERT NUMBER: 1002526
STATUS Processed
SAMPLING LOCATION: EFFLUENT DISCHARGE NO.: 00011 N� DISCHARGE*: NO
q
U'
e`
v
F
F
E
O
�
4
O
O
e
a
z
50050
Weekly
Iustautaaeous
FLOW
00010
Weekly
Grab
TEM -C
00400
Weekly
Grab
PH
50060
Weekly
Grab
CHLORINE
C0310
Weekly
Grab
BOD -Con
l -
C0610
Weekly
Grab
NH3-N-Con
C0530
eekly
Grab
TSS -Con.
31616
2Xmonth
Grab
FCOM BR
00300
Weekly
Grab
DO
2400 clock
as
2100 clock
as
Y/B/N
mgd
deg c
su
ug/l
mg/l
m
mg/l
N100ml
mg/I
1
1755
008
Y
2
2140
008
Y
3
1500
025
Y
0 004
22
75
< 15
668
139
15
4
1835
03
Y
5
1243
042
Y
197
<15
48
83
6
7
8
2008
023
Y
9
1652
02
Y
<15
10
1858
023
Y
11
1454
037
Y
0002
224
66
<15
218
406
326
827
1z
1645
016
B
13
14
15
1758
1033
Y
16
1725
1083
Y
0 002
244
75
< 15
62 4
243
< 1
681
17
1255
043
Y
.345
18
1725
083
Y
19
0955
030
Y
20
21
22
11453
1012
Y
23
1235
025
Y
74
1748
028
Y
25
1456
050
Y
00001
216
713
< 15
21 B
242
167
731
26
1645
033
Y
27
28
29
HOLIDAY
30
1750
042
Y
00002
206
67
< 15
692
31
1320
.05
ly
1
221
14 B
491
205
Monthly Average Limd 0007
5
2
30
200
Monthly Average.
000166
121,828571
0
if 3 246
2182
6928203
7 522
Doty Manmum
0 004
244
75
0
624
1491
326
48
83
Daay Mmunum
00001
1197
6 6
0
1668
139
15
10
1681
****No Reporting Reason ENFRUSE=No Flow-Reuse/Recycle, ENVWTHR=No Visitation— Adverse Weather, NOFLOW=No Flow, HOLIDAY=No Visitation— Holiday