NC0074110_LV20170257_20170905

DIVISION OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT (File)
Violator: Mizpah Healthcare Inc
Facility.Name: - Mountain View Assisted Living WWTP
Permit Number: NCO074110
County: Henderson
Case Number: LV -2017-0257
I L E
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;
Three Daily Max BODs exceeded the permit limit by 184%, 333% & 66%.
One Monthly Average BOD exceeded the permit limit by 243%.
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 immediateaua tif-�
tel iC®EQ/®WR
4) The cost of rectifying the damage;
The cost is unknown.
SEP 0 7 2017
The amount of money saved b noncompliance; Waiei Quality
� Y Y P � � permitting Section
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 five 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 u 'sor
Water Quality Regional Operations Section
Asheville Regional Office
Division of Water Resources, NCDEQ

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C.
WWat "Rsourw'
PO44rx
Certified Mail # 7016 1370 0001 6571 7419
Return Receipt Requested
September 05, 2017
Robert Crummie
Mountain View Assisted Living
Mizpah Healthcare Inc
260 Center Way Drive
Hendersonville, NC 28792
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 NCO074110
Mizpah Healthcare Inc
Mountain View Assisted Living WWTP
Case No LV -2017-0257
Henderson County
Dear Permittee
ROY COOPER
00w*r
MICHAEL S. i GAN -
mffew
S JAS' ZIMMU AN
DDVGW
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $1,493 68 ($1,375.00 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 NCO074110. 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 NCO074110 and G S 143-215 l(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 fmdmgs 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

1 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

JUSTIFICATION FOR REMISSION REQUEST
Case Number: LV -2017-0257 County: Henderson
Assessed Party: Mizpah Healthcare Inc/ Mountain View Assisted Living
Permit No.: NC0074110 Amount Assessed: $1,493.68
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. § 14313-282.1(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 (z. 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 -2017-0257
PERMIT:
NCO074110
REGION:
Asheville
FACILITY:
Mountain View Assisted Living
COUNTY:
Henderson
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
5/11/2017
5-2017
BOD, 5 -Day (20 Deg
Weekly mg/I 750
21 30
1840
Daily
$25000
C) - Concentration
Maximum
Exceeded
5/16/2017
5-2017
BOD, 5 -Day (20 Deg
Weekly mg/I 7 50
3250
3333
Daily
$25000
C) - Concentration
Maximum
Exceeded
5/25/2017
5-2017
BOD, 5 -Day (20 Deg
Weekly mg/I 750
1250
66 7
Daily
$25000
C) - Concentration
Maximum
Exceeded
5/31/2017
5-2017
BOD, 5 -Day (20 Deg
Weekly mg/I 5
1720
2434
Monthly
$62500
C) - Concentration
Average
Exceeded

NPDES PERMIT NO.: NCO074110
FACILITY NAME: Mountain View Assisted
OWNER NAME: Mlzpah Healthcare Inc
GRADE: WW -2
eDMR PERIOD: 05-2017 (May 2017)
PERMIT VERSION: 4 0
CLASS: WW -2
ORC: Shannon D James
ORC HAS CHANGED: No
VERSION: 10
PERMIT STATUS: Active
( r -"P& 11T7)
COUNTY: Henderson
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=NoVisitation— Holiday
6
ti'E
a
av
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B
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A
0
e
E
ki
a
50050
w
Continuous
Recorder
a
Z FLOW
00010
5Xweek
Grab
TEMP -C
00400
Weekly
Grab
pH
50060
2Xweek
Grab
CHLORINE
C0310
Weekly
Composite
BOD - Co
C0610
Weekly
Composite
NH3-N-Cone
C0530
Weekly
Composite
TSS -Cone
31616
Weekly
Grab
FCOLI BR
00300
Weekly
Grab
DO
248 dr
s 2400 dock
Urs
Y/B N
mgd
deg c
su
ug/l
mg/i
mg/t
mg/1
#/1001111
mg/l
1
1735
008
Y
0 001
191
2
2045
008
Y
0 001
195
3
1405
015
Y
0001
194
75
<15
237
<01
<5
<1
4
1820
017
Y
0 001
175
5
1147
033
Y
0 001
171
< 15
716
6
0 002
7
0 002
8
1934
017
Y
0 002
164
9
1620
025
Y
0 003
179
< 15
10
1830
017
Y
0 003
1186
11
1400
043
Y
0003
18
68
<15
213
<01
<5
<1
737
12
1720
016
Y
0 003
178
13
0 001
14
0 001
35
1700
050
Y
0 001
23 1
< 15
16
1635
042
Y
0001
187
75
<15
325
<O1
<25
2
794
17
1325
017
Y
0 001
196
18
1730
008
Y
0 001
201
19
1035
037
Y
0 001
20
20
0 003
21
0 003
22
1400
042
Y
0 003
203
23
1200
042
Y
0 003
195
< 15
24
1730
02
Y
0 003
195
25
1348
063
Y
0003
19
<15 '
125
<01
<5
<1
846
26/
1550
1050
Y
1 0 003
1206
72
27
0 002
28
0 002
29
0 002
H
H
H
H
H
H
H
H
38
11850
033
Y
0 002
202
67
< 15
782
31
1445
105
1 Y
1 0 002
207
Monthly Average Limit 0005
5
2
30
200
Monthly Average
0001968
19 209091
0
,..
17 1675
0
0
1 189207
775
Daily Marimum
0 003
231
75
0
325
0
0
2
846
Daily""in 0 001
1164
6 7
0
237
10
0
0
716
**** No Reporting Reason ENFRUSE=No Flow-Reuse/Recycle, ENVWTHR=No Visitation— Adverse Weather, NOFLOW=No Flow, HOLIDAY=NoVisitation— Holiday