NC0035157_NOV-2019-LV-0597 & NOV-2019-LV-0598_20190813

DocuSign Envelope ID: 200DEB89-0320-4F07-A36E-F939E5195DC4
ROY COOPER
tla'crnor
K41CHAEL S. PECAN
Serrerrrry
LINDA CULPEPPER
Dlrfftor
Certified Mail # 7019 0700 0000 8867 5855
Return Receipt Reauested
Frederic H Leonard
McDowell County Adult Care LLC
PO Box 1257
Marion, NC 28752-1257
NORTH CARODNA
Environmental Qual"
August 13, 2019
SUBJECT: NOTICE OF VIOLATIONS & INTENT TO ASSESS CIVIL PENALTY
Tracking Number: NOV-2019-LV-0597, NOV-2019-LV-0598
Permit No. NCO035157
Cedarbrook Residential Center
McDowell County
Dear Permittee:
A review of the April and May 2019 Discharge Monitoring Reports (DMRs) for the subject facility revealed the
violation(s) indicated below:
Limit Exceedance Violation(s):
Sample
Limit
Reported
Location
Parameter
Date
Value
Value
Type of Violation
001 Effluent
BOD, 5-Day (20 Deg. C) -
4/2/2019
45
51.6
Daily Maximum Exceeded
Concentration (C0310)
001 Effluent
BOD, 5-Day (20 Deg. C) -
4/30/2019
30
43.4
Monthly Average Exceeded
Concentration (C0310)
001 Effluent
BOD, 5-Day (20 Deg. C) -
5/7/2019
45
59.3
Daily Maximum Exceeded
Concentration (C0310)
001 Effluent
BOD, 5-Day (20 Deg. C) -
5/31/2019
30
39.95
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.
N"NCarokisDepartment ofEnvironmental Quality I OivisionofWater Resourres
Ashevil ie Regional Office 1 2090 U.S_ 70 if� imay I Sw nanoa, North Carolaa 23773
'� 32S 296-0500

DocuSign Envelope ID: 200DEB89-0320-4F07-A36E-F939E5195DC4
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.
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. If the violations are of a continuing nature, not related to operation and/or maintenance problems,
and you anticipate remedial construction activities, then you may wish to consider applying for a Special Order by
Consent.
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 or to apply for an SOC, please contact Timothy Heim of the
Asheville Regional Office at 828-296-4500.
Sincerely,
DocuSigned by:
EN.
775374DO
ForG. Landon Davidson, P.G., Regional Supervisor
Water Quality Regional Operations Section
Asheville Regional Office
Division of Water Resources, NCDEQ
Ec:
WQS-ARO Server
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G:\WR\WQ\McdoweI Mastewater\Minors\Cedarbrook Residential Center 35157\Novs\20190813 NC0035157 NOVNOI 2019 LV 0597.Docx
r Nov DEro rsDepartmentofEnvironmental Quslrty I DivistrkofWater Resources
Ash�we Ragnna.Off:ce 1 2090 V.S. 70Hthway I Sw nsnoe, North Cawing 23773