NC0035157_Enforcement (Letter) LV-2019-0208_20190911

DocuSign Envelope ID: 96B434EC-C79B-4B3D-8367-098BE4FOF4B9
DIVISION OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT
Violator: McDowell County Adult Care LLC
Facility Name: Cedarbrook Residential Center
Permit Number: NCO035157
County: McDowell
Case Number: LV-2019-0208
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;
One Daily Max BOD5 exceeded the permit limit by 14.7%,
One Monthly Average BOD5 exceeded the permit limit by 44.7%.
3) The effect on ground or surface water quantity or quality or on air quality; The effect on surface water is unknown.
Discharges that exceed permit limits may be detrimental but may not be readily quantifiable.
4) The cost of rectifying the damage; The cost is unknown
5) The amount of money saved by noncompliance; The amount of money saved is unknown, however it would include the
cost of adequately maintaining the sand filter, septic tanks and other system components to prevent system failure and the
resulting violations of the permit limits.
6) Whether the violation was committed willfully or intentionally; It does not appear to be either, however it did result
from negligence on the part of the maintenance staff and/or owner.
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 six permit limit effluent
violations in the past 12 months likely resulting from failure to maintain and operate the system adequately.
8) The cost to the State of the enforcement procedures.
$131.98
DocuSig ned by:
9/11/2019 p��� )^
7E617A38285848C...
Date G. Landon Davidson, P.G., Regional Supervisor
Water Quality Regional Operations Section
Asheville Regional Office
Division of Water Resources, NCDEQ

DocuSign Envelope ID: 96B434EC-C79B-4B3D-8367-098BE4FOF4B9

DocuSign Envelope ID: 96B434EC-C79B-4B3D-8367-098BE4FOF4B9
ROY COOPER
Governor
K41CHAEL S. REGAN
Secretary
LINDA CULPEPPER
Dir"or
Certified Mail # 7019 0700 0000 8867 6173
Return Receipt Requested
Frederic H Leonard
McDowell County Adult Care LLC
PO Box 1257
Marion, NC 28752-1257
STATE
NORTH CAROLINA
Env ronmerpW Quality
September 11, 2019
SUBJECT: Notice of Violation and Assessment of Civil Penalty
for Violations of North Carolina General Statute (G.S.) 143 -215. 1 (a)(6)
and NPDES WW Permit No. NCO035157
McDowell County Adult Care LLC
Cedarbrook Residential Center
Case No. LV-2019-0208
McDowell County
Dear Permittee:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $331.98 ($200.00 civil penalty
+ $131.98 enforcement costs) against McDowell County Adult Care LLC.
This assessment is based upon the following facts: a review has been conducted of the Discharge Monitoring Report
(DMR) submitted by McDowell County Adult Care LLC for the month of April 2019. 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. NC0035157. The violations, which occurred in April 2019, are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that McDowell County Adult Care LLC violated the terms,
conditions or requirements of NPDES WW Permit No. NCO035157 and G.S. 143 -215. 1 (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).
North Carotins ❑epartrn nt of Environmental Qvadity I Division of Water Resources
,Asheville Regorta:Office 12090U.S.70ft� ay I Swannanoa, North Carolina 20773
S2S,2964500

DocuSign Envelope ID: 96B434EC-C79B-4B3D-8367-098BE4FOF4B9
Based upon the above findings 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 McDowell County Adult Care LLC:
200.00 1 of 1 violations of G.S. 143-215.l(a)(6) and Permit No. NC0035157, by discharging waste water
into the waters of the State in violation of the Permit Daily Maximum for BOD, 5-Day (20 Deg. C)
- Concentration
$0.00 0 of 1 violations of G.S. 143-215.l(a)(6) and Permit No. NC0035157, by discharging waste water
into the waters of the State in violation of the Permit Monthly Average for BOD, 5-Day (20 Deg.
C) - Concentration
$200.00 TOTAL CIVIL PENALTY
$131.98 Enforcement Costs
$331.98 TOTAL AMOUNT DUE
Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into account the Findings of Fact and
Conclusions of Law and the factors set forth at G.S. 143B-282.1(b), which are:
(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;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(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
(8) The cost to the State of the enforcement procedures.
Within thirty (30) days of receipt of this notice, you must do one of the following:
(1) Submit payment of the penalty, OR
(2) Submit a written request for remission, OR
(3) Submit a written request for an administrative hearing
Option 1: Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environmental Quality (do not include waiver
form). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s).
Please submit payment to the attention of -
Wastewater Branch
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617

DocuSign Envelope ID: 96B434EC-C79B-4B3D-8367-098BE4FOF4B9
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

DocuSign Envelope ID: 96B434EC-C79B-4B3D-8367-098BE4FOF4B9
Option 3: File a petition for an administrative hearing with the Office of Administrative Hearings:
If you wish to contest any statement in the attached assessment document you must file a petition for an administrative
hearing. You may obtain the petition form from the Office of Administrative Hearings. You must file the petition with
the Office of Administrative Hearings within thirty (30) days of receipt of this notice. A petition is considered filed
when it is received in the Office of Administrative Hearings during normal office hours. The Office of Administrative
Hearings accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for official state
holidays. The petition may be filed by facsimile (fax) or electronic mail by an attached file (with restrictions) - provided
the signed original, one (1) copy and a filing fee (if a filing fee is required by NCGS § 15013-23.2) is received in the
Office of Administrative Hearings within seven (7) business days following the faxed or electronic transmission. You
should contact the Office of Administrative Hearings with all questions regarding . the filing fee and/or the details of the
filing process.
The mailing address and telephone and fax numbers for the Office of Administrative Hearings are as follows:
6714 Mail Service Center
Raleigh, NC 27699 6714
Tel: [phone]
Fax: [phone]
One (1) copy of the petition must also be served on DEQ as follows:
Mr. William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, North Carolina 27699-1601
Please indicate the case number (as found on page one of this letter) on the petition.
Failure to exercise one of the options above within thirty (30) days of receipt of this letter, as evidenced by an internal
date/time received stamp (not a postmark), will result in this matter being referred to the Attorney General's Office for
collection of the penalty through a civil action. Please be advised that additional penalties may be assessed for violations
that occur after the review period of this assessment.
If you have any questions, please contact G. Landon Davidson with the Division of Water Resources staff of the Asheville
Regional Office at [phone] or via email at [e-mail].
Sincerely,
DocuSigned by:
T7E617Q
G. 382848C.
J�anQQon avidson, P.G., Regional Supervisor
Water Quality Regional Operations Section
Asheville Regional Office
Division of Water Resources, NCDEQ
ATTACHMENTS
Ec: WQS-ARO Server
LF
G:\WR\WQ\Mcdowell\Wastewater\Minors\Cedarbrook Residential Center 35157\Novs & Cpas\20190911 NCO035157_LV 2019 0208.Docx

DocuSign Envelope ID: 96B434EC-C79B-4B3D-8367-098BE4FOF4B9
JUSTIFICATION FOR REMISSION REQUEST
Case Number: LV-2019-0208 County: McDowell
Assessed Party: McDowell County Adult Care LLC
Permit No.: NCO035157 Amount Assessed: $331.98
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. § 143B-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 (i.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:

DocuSign Envelope ID: 96B434EC-C79B-4B3D-8367-098BE4FOF4B9
STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
COUNTY OF MCDOWELL
IN THE MATTER OF ASSESSMENT
)
WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST
)
ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
McDowell County Adult Care LLC
)
Cedarbrook Residential Center
)
PERMIT NO. NCO035157
)
CASE NO. LV-2019-0208
Having been assessed civil penalties totaling $331.98 for violation(s) as set forth in the assessment document of the Division
of Water Resources dated September 11, 2019, the undersigned, desiring to seek remission of the civil penalty, does hereby
waive the right to an administrative hearing in the above -stated matter and does stipulate that the facts are as alleged in the
assessment document. The undersigned further understands that all evidence presented in support of remission of this civil
penalty must be submitted to the Director of the Division of Water Resources within thirty (30) days of receipt of the notice
of assessment. No new evidence in support of a remission request will be allowed after (30) days from the receipt of the
notice of assessment.
This the day of , 20
SIGNATURE
TELEPHONE

DocuSign Envelope ID: 96B434EC-C79B-4B3D-8367-098BE4FOF4B9
ATTACHMENT A
McDowell County Adult Care LLC
CASE NUMBER: LV-2019-0208
PERMIT: NCO035157
REGION:
Asheville
FACILITY: Cedarbrook Residential Center
COUNTY:
McDowell
LIMIT VIOLATION(S)
SAMPLE LOCATION:
Outfall 001 - Effluent
Violation Report
Unit of
Limit
Calculated % Over
Violation
Penalty
Date Month/Yr
Parameter Frequency
Measure
Value
Value Limit
Type
Amount
4/2/2019 4-2019
BOD, 5-Day (20 Deg. 2 X month
mg/I
45
51.6 14.7
Daily
$200.00
C) - Concentration
Maximum
Exceeded
4/30/2019 4-2019
BOD, 5-Day (20 Deg. 2 X month
mg/I
30
43.4 44.7
Monthly
$0.00
C) - Concentration
Average
Exceeded