NC0074110_NOVNOI2019PC0597_20190822

Certified Mail # 7019 0700 0000 8867 5459
Return Receipt Requested

August 22, 2019

Ryan Crummie
Mizpah Healthcare Inc
260 Center Way Dr
Hendersonville, NC 28792

SUBJECT: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY
Tracking Number: NOV-2019-PC-0597
Permit No. NC0074110
Mountain View Assisted Living
Henderson County

Dear Permittee:

The North Carolina Division of Water Resources conducted an inspection of the Mountain View Assisted Living on
August 14, 2019. This inspection was conducted to verify that the facility is operating in compliance with the
conditions and limitations specified in NPDES WW Permit No. NC0074110. A summary of the findings and
comments noted during the inspection are provided in the enclosed copy of the inspection report.

The Compliance Evaluation inspection was conducted by Division of Water Resources staff from the Asheville
Regional Office. The following violation(s) were noted during the inspection:

Inspection Area Description of Violation _________________________________________________________________________________________________________________________________________________________________________
Filtration (High Rate Tertiary) The tertiary filters are not operational. _________________________________________________________________________________________________________________________________________________________________________
Effluent Sampling Time-based composite effluent sampling is being performed rather than flow proportional
sampling as required by the permit. _________________________________________________________________________________________________________________________________________________________________________
DocuSign Envelope ID: E396B830-65B9-45C7-A338-F607A07A9A6F

In addition, the issues below must also be addressed:

Compliance Issue: A flow meter must be installed for continuous flow monitoring.
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.

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 additional information provided. 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 should have any questions, please do not hesitate to contact Daniel Boss with the Water Quality
Regional Operations Section in the Asheville Regional Office at 828-296-4500.

Sincerely,

G. Landon Davidson, P.G., Regional Supervisor
Water Quality Regional Operations Section
Asheville Regional Office
Division of Water Resources, NCDEQ

ATTACHMENTS

Cc: WQS ARO Server
Laserfiche
G:\WR\WQ\Henderson\Wastewater\Minors\Mountain View Assisted Living 74110\20190822_NC0074110_NOVNOI2019PC0597.rtf
DocuSign Envelope ID: E396B830-65B9-45C7-A338-F607A07A9A6F