NC0059421_NOV and Intent to Assess_20190109

ROY COOPER
Govcinor
MICHAEL S. REGAN
Sect only
LINDA CULPEPPER
NORTH CAROLINA Director
Environmental Quality
January 9, 2019
CERTIFIED MAIL 7015 0640 0007 9833 5882 -RETURN RECEIPT REQUESTED
Mr. Aubrey Deaver
A&D Water Service, Inc.
P.O. Box 1407
Pisgah Forest, NC 28768-1407
Subject: Notice of Violation and Recommendation for
Enforcement
Missing Discharge Monitoring Reports (DMRs)
Failure to submit data electronically
Dear Mr. Deaver:
A review of the Division's database which tracks the monthly submittal of Discharge
Monitoring Reports (DMRs) revealed that several DMRs from your permitted facilities were not
submitted. Furthermore, your organization has not been submitting DMR data electronically via
the Division's eDMR system, as required by your NPDES permits. Specific permit violations are
listed in the following paragraphs.
Permit NC0048658/Sherwood Forest WWTP/Transylvania County
➢ October 2018 DMR was not submitted.
> Electronic submission of DMR data was required effective May 1, 2016. To date, no
eDMR submissions have been made.
Permit NC0059421/Sapphire Lakes Plant WWTP#1/Transylvania County
> October 2018 DMR was not submitted.
> Electronic submission of DMR data was required effective September 1, 2017. To
date, no eDMR submissions have been made.
Permit NC0059439/Sapphire Lakes Plant WWTP#2/Transylvania County
> October 2018 DMR was not submitted.
> Electronic submission of DMR data was required effective December 1, 2017. To date,
no eDMR submissions have been made.
Permit NC0067288/Hunter's Glen WWTP/Henderson County
➢ August 2018 and October 2018 DMRs were not submitted.
> Electronic submission of DMR data was required effective November 1, 2016. To date,
no eDMR submissions have been made.
�D Q�
North Carolina Department of Environmental Quality I Division of Water Resources
1617 Mail Service Center I Raleigh,North Carolina 27699-1617
919-707-3712

A&D Water Service DMR issues
Page 2 of 2
Permit NC0073741/Mountain Valley WWTP/Henderson County
> August 2018 and October 2018 DMRs were not submitted.
> Electronic submission of DMR data was required effective September 1, 2016. To
date, no eDMR submissions have been made.
Permit NC0089095/High Vista Falls WWTP/Henderson County
> August 2018 and October 2018 DMRs were not submitted.
> Electronic submission of DMR data was required effective August 1, 2016. To date, no
eDMR submissions have been made.
Based upon the above facts, I conclude as a matter of law that A&D Water Service, Inc.
violated or failed to act in accordance with the requirements of its NPDES Permits and G.S. 143-
215.65. A civil penalty of not more than $25,000.00 per violation may be assessed against a
person who fails to file, submit, or make available any documents, data, or reports required by
G.S. 143-215.65. The State's enforcement costs in this matter may be assessed pursuant to G.S.
143-215.3(a) (9) and G.S. 143-282.1(b) (8).
To-prevent the assessment of civil penalties for these and any future violations,
you must:
> Submit the missing DMR data for the permits listed above, no later than January 31,
2019. The data must be submitted via the eDMR system and via hard copy.
> Submit DMR data via the eDMR system [as well as paper DMRs] for all of your
NPDES permits. If the January 2019 DMR data [due no later than February 28,
2019] for any of your permits is not submitted electronically, the Division may assess
a civil penalty.
If you have questions concerning this matter, contact Charles H. Weaver at 919-707-3616,
or via email [[e-mail]].
rnrely,
Linda Culpepper, D. e or
Division of Water Resources
cc: NPDES permit files
Central Files