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Certified Mail # 7016 1370 00016571 7600
Return Receipt Requested
September 19, 2017
Roger C Floren, II
Flesher's Fairview Rest Home
PO Box 1160
Fairview, NC 28730-1160
SUBJECT: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY
Tracking Number: NOV-2017-LV-0619
Permit No. NCO034924
Flesher's Fairview Rest Home WWTP
Buncombe County
Dear Permittee:
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RECEIVED/Nr ,-
SEP 2 5 2011
Permitting pec uUr,
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
001 Effluent BOD, 5 -Day (20 Deg. C) - 7/6/2017 45 69.1 Dally Maximum Exceeded
Concentration (C0310)
001 Effluent BOD, 5 -Day (20 Deg. C) - 7/31/2017 30 41.12 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
828-296-4500
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 res after receipt of this Notice.
_ -_ ATeview of-your-response-wili-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,
4
Fv
fLandon Davidson, P.G. Regional Supervisor
Water Quality Regional Operations Section
Asheville Regional Office
Division of Water Resources, NCDEQ
Ec: WQS Asheville Regional Office - Enforcement File
NPDES Compliance/Enforcement Unit - Enforcement File
G \N!R\WQ\Buncombe\Wastewater\Minors\Fleshers Rest Home 34924\NOV-NO 2017 -LV -0619 rtf