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Certified Mail# 7017 2620 0000 9759 5473
Return Receipt Requested
May 16, 2018
Clark Wyatt
Buncombe County Schools
175 Bingham Rd
Asheville,NC 28806
SUBJECT: Notice of Violation and Assessment of Civil Penalty
for Violations of North Carolina General Statute(G.S.) 143-215.l(a)(6)
and NPDES WW Permit No.NCO066788
Buncombe County Schools
Fairview Elementary School WWTP
Case No. LV-2018-0103
Buncombe County
Dear Permittee:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of$218.68 ($100.00 civil penalty+
$118.68 enforcement costs)against Buncombe County Schools.
This assessment is based upon the following facts: a review has been conducted of the Discharge Monitoring Report
(DMR)submitted by Buncombe County Schools for the month of September 2017. 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.
NC0066788. The violations,which occurred in September 2017, are summarized in Attachment A to this letter.
Based upon the above facts,I conclude as a matter of law that Buncombe County Schools violated the terms, conditions or
requirements of NPDES WW Permit No.NCO066788 and G.S. 143-215.l(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).
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 Buncombe
County Schools:
State of North Carolina I Environmental Quality I Water Resources
2090 U.S.70 Highway,Swannanoa,NC 28778
828-296-4500
$100.00 1 of the 1 violations of 143-215.1(a)(6)and Permit No.NC0066788, by discharging wastewater inter
the waters of the State in violation of the Permit Daily Maximum for BOD-Conc.
__$0.00 0 of the 1 iv olations_of 143-215.1_(a)_(6)and Permit No.NC0066788_,-b discharging waste water into
the waters of the State in violation of the Permit Monthly Average for BOD-Cone.
$100.00 TOTAL CIVIL PENALTY
$118.68 Enforcement Costs
$218.68 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
iption 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 14313-282.1(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
Option 3: File a petition for an administrative heariniz 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: (919)431-3000
Fax: (919)431-3100
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 Janet Cantwell with the Division of Water Resources staff of the Asheville
-1 Regional Office at(828)296-4667 or via email atjanet.cantwell@ncdenr.gov.
Sincerely,
G.Landon Davidson,P.G.,Regional Supervisor
Water Quality Regional Operations Section
Asheville Regional Office
Division of Water Resources,NCDEQ
ATTACHMENTS
Ec: DWQ Laserfiche
Ci1tL'R'lYQ.[luncombe\65'astewulai''•.ivTinors\Fairview F.1ementarY66788\13MRVioletions120 1 80 5 1 6 NC0066788 LV2018010.3'nf
JUSTIFICATION FOR REMISSION REQUEST
Case Number: LV-2018-0103 County: Buncombe
Assessed Party: Buncombe County Schools/Fairview Elementary
Permit No.: NC0066788 Amount Assessed: $218.68
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:
STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
COUNTY OF BUNCOMBE
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
Buncombe County Schools )
Fairview Elementary School )
PERMIT NO.NCO066788 ) CASE NO. LV-2018-0103
Having been assessed civil penalties totaling$218.68 for violation(s)as set forth in the assessment document of the Division
of Water Resources dated May 16, 2018,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
ADDRESS
TELEPHONE
ATTACHMENT A
Buncombe County Schools
CASE NUMBER: LV-2018-0103
PERMIT: NCO066788 REGION: Asheville
FACILITY: Fairview Elementary School COUNTY: Buncombe
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
9/19/2017 9-2017 BOD, 5-Day(20 Deg. Weekly mg/I 45 61.1 35.8 Daily $100.00
C)-Concentration Maximum
Exceeded
9/30/2017 9-2017 BOD, 5-Day(20 Deg. Weekly mg/I 30 33.98 13.3 Monthly $0.00
C)-Concentration Average
Exceeded
DIVISION OF WATER RESOURCES-CIVIL PENALTY ASSESSMENT (File)
Violator: Buncombe County Schools
Facility Name: Fairview Elementary School WWTP
Permit Number: NCO066788
County: Buncombe
Case Number: LV-2018-0103
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 BOD exceeded the permit limit by 35.77%.
One Monthly Average exceeded the permit limit by 13.25%.
3) The effect on ground or surface water quantity or quality or on air quality;
All effluent violations may be detrimental to the receiving stream but may not be immediately quantified.
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.
The amount of money saved would include the cost of excess solids removal and additional aeration. It
would also include more operating and maintenance time on site and the cost of additional chemical
treatment.
The amount of money saved would include the cost of collection of the additional samples and the cost of
analyzing them at a certified lab.
6) Whether the violation was committed willfully or intentionally;
It does not appear to be either.
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 no civil penalty enforcements in the twelve months prior to this violation.
8) The cost to the State of the enforcement procedures.
$118.68
5/17/2018
Date G.Landon Davidson,P-.G..,R__)))egional Supervisor
Water Quality Regional Operations Section
Asheville Regional Office
Division of Water Resources,NCDEQ
NPDES PERMIT NO.:NCO066788 PERMIT VERSION:4.0 PERMIT STATUS:Active
FACILITY NAME:Fairview Elementary School CLASS:WW-2 COUNTY:Buncombe
OWNER NAME:Buncombe County Schools ORC:Richard Morgan Swilling ORC CERT NUMBER:985285
GRADE:WW-2 ORC HAS CHANGED:No
eDMR PERIOD:09-2017(September 2017) VERSION: 1.0 STATUS:Processed
SAMPLING LOCATION: EFFLUENT DISCHARGE NO.: 001 NO DISCHARGE*: NO
50050 00010 00400 50060 C0310 C0610 C0530 31616
F � 8
Weekly Weekly Weekly 2Xweek Weekly 2Xmonth Weekly Weekly
d y B° o° °H Instantaneous Grab Grab Grab Grab Grab Grab Grab
e 5 U z
q d 9 g g O 1 z FLOW TEMP-C JPH CHLORINE BOD-Cone NH3-N-Cone TSS-Cone FCOLI BR
2400 clock H" 2400 clock Hrs Y/B/N mgd deg c an ug/I mg/I mg/I mg/I #/looml
1 1010 0.58 Y
2
3
4 HOLIDAY
5 1520 0.75 Y
6 1115 1.0 Y 0.0025 21.3 6.9 28 39.1 0.69 5.1 <1
7 1655 0.42 Y 21
8 1255 0.58 Y
9
10
11 1310 0.58 Y '
12 1350 0.42 Y
13 1640 0.58 Y 120
14 1210 0.83 Y 0.003 18.4 6.8 31 18.1 4.1 <1
15 1 11110 10.50 Y
16
17
is 1635 0.58 Y
19 1145 0.58 Y 0.003 - .20.4 6.8 27 61.1 0.32 4.8 <1
20 1610 0.58 Y 25
21 1010 0.58 Y
22 11225 10.50 Y
23
14
25 1555 0.75 Y
26 1120 0.67 Y 0.003 21.1 7.2 28 17.6 <I <1
27 1425 0.67 Y 30
28 1245 0.25 B
Z9 1225 0.25 B
30
Monthly Average Limit: 0.011 30 30 200
Monthly Avenge: 0.002875 20.3 26.25 33.975 0.505 3.5 1
Daily Maximum: 0.003 21.3 7.2 31 61.1 0.69 5.1 0
Daily Minimum: 0.0025 118.4 6.8 120 17.6 10.32 10 10
****No Reporting Reason:ENFRUSE=No Flow-Reuse/Recycle; ENVWTHR=No Visitation-Adverse Weather; NOFLOW=No Flow; HOLIDAY=No Visitation-Holiday
/Ilaf r/o//
�1/W, z4/j /.V -ozz-7 ,CV-moo/8-o/03
NPDES PERMIT NO.:NCO066788 PERMIT VERSION:4.0 PERMIT STATUS:Active
FACILITY NAME:Fairview Elementary School CLASS:WW-2 COUNTY:Buncombe
OWNER NAME:Buncombe County Schools ORC:Richard Morgan Swilling ORC CERT NUMBER:985285
it--GRADE:WW-2-- _ —ORC-HAS-CHANGED:_No--
eDMR PERIOD:09-2017(September 2017) VERSION: 1.0 STATUS:Processed
COMPLIANCE STATUS:Non-Compliant CONTACT PHONE It:8282511900 SUBMISSION DATE: 10/16/2017
10/16/2017
ORC/Certifier Signature: Richard Morgan Swilling E-Mail:rswilling@rpbsystems.com Phone #:828-251-1900 Date
By this signature,I certify that this report is accurate and complete to the best of my knowledge.
The permittee shall report to the Director or the appropriate Regional Office any noncompliance that potentially threatens public health or the environment.
Any information shall be provided orally within 24 hours from the time the permittee became aware of the circumstances.A written submission shall also be
provided within 5 days of the time the permittee becomes aware of the circumstances.
If the facility is noncompliant,please attach a list of corrective actions being taken and a time-table for improvements to be made as required by part II.E.6 of
the NPDES permit.
10/16/2017
Permittee/Submitter Signature:*** Robert Patrick Barr E-Mail:rbarr@rpbsystems.com Phone #:828-251-1900 Date
Permittee Address: 1355 Charlotte Hwy Fairview NC 28730 Permit Expiration Date: 12/31/2020
I certify,under penalty of law,that this document and all attachments were prepared under my direction or supervision in accordance with a system designed
to assure that qualified personnel properly gather and evaluate the information submitted.Based on my inquiry of the person or persons who managed the
system,or those persons directly responsible for gathering the information,the information submitted is,to the best of my knowledge and belief,true,
accurate,and complete.I am aware that there are significant penalties for submitting false information,including the possibility of fines and imprisonment for
knowing violations.
CERTIFIED LABORATORIES
LAB NAME:Pace
i
CERTIFIED LAB#:40
PERSON(s)COLLECTING SAMPLES:Rick Swilling
PARAMETER CODES
Parameter Code assistance may be obtained by calling the NPDES Unit(919)807-6300 or by visiting http://portal.ncdenr.org/web/wq/swp/ps/npdes/forms.
FOOTNOTES
Use only units of measurement designated in the reporting facility's NPDES permit for reporting data.
*No Flow/Discharge From Site:Check this box if no discharge occurs and,as a result,there are no data to be entered for all of the parameters on the DMR
for entire monitoring period.
**ORC on Site?:ORC must visit facility and document visitation of facility as required per 15A NCAC 8G.0204.
*** Signature of Permittee:If signed by other than the permittee,then delegation of the signatory authority must be on file with the state per 15A NCAC 213
.0506(b)(2)(D).
NPDES PERMIT NO::NC0066788 PERMIT VERSION:4.0 PERMIT STATUS:Active
FACILITY NAME:Fairview Elementary School CLASS:WW-2 COUNTY:Buncombe
OWNER NAME:Buncombe County Schools ORC:Richard Morgan Swilling ORC CERT NUMBER:985285
GRADE:WW-2 ORC HAS CHANGED:No
eDMR PERIOD:09-2017(September 2017) VERSION: 1.0 STATUS:Processed
Report Comments:
Daily max exceeded,adjusted air times.
i
i
Wfeit~l� scrrrs; I1�T13A t :PEPPEk
Certified Mail # 7017 2620 0000 9759 5350
Return Receipt Requested
April 10, 2018
Clark Wyatt
Buncombe County Schools
175 Bingham Rd
Asheville, NC 28806
SUBJECT: NOTICE OF VIOLATION &INTENT TO ASSESS CIVIL PENALTY
Tracking Number: NOV-2018-LV-0229
Permit No. NCO066788
Fairview Elementary School WWTP
Buncombe County
Dear Permittee:
A review of the September 2017 Discharge Monitoring Report (DMR) 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) - 9/19/2017 45 61.1 Daily Maximum Exceeded
Concentration (C0310)
001 Effluent BOD, 5-Day (20 Deg. C) - 9/30/2017 30 33.98 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 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.
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,
G. Landon Davidson, P.G., Regional Supervisor
Water Quality Regional Operations Section
Asheville Regional Office
Division of Water Resources, NCDEQ
Ec: Laserfiche
G:\WR\WQ\Buncombe\Wastewater\Minors\Fairview Elementary 66788\DMR Violat:ions\20180410_NC0066788_NDVN0I2018LV0229.rtf
EFFLUENT
NPDES NO: NCO066788 DISCHARGE NO: 001 MONTH: April YEAR: 2014
FACILITY NAME: Buncombe County Schools-Fairview Elem CLASS: II COUNTY: Buncombe
OPERATOR IN RESPONSIBLE CHARGE(ORC): Richard Swilling GRADE: II Phone: 828-251-1900
CERTIFIED LABORATORIES(1): Pace Analytical (2)
CHECK BOX IF ORC HAS CHANGED: "'PER'S N(S)COLLECTING SAMPLES: Richard SWIIIIng
MAIL ORIGINAL AND ONE COP TO: I,itiz7 on o,i iwau;r 7 1 ea.rcea
ATTN:CENTRAL FILE A ,
Division of Water Quality
DENR J U N — 2 014 X
1617 Mall Service Center (SIGNA URE OF OPERATOR IN RESP NSIBLE CHARGE) DATE
Raleigh,NC 27699-1617 BY THI SIGNATURE,I CERTIFY THAT THIS REPORT IS
WutC r'}lr^?f i;'F%s" )Cl?r»l C;SCCiat10A%CU TE AND COMPLETE TO THE BEST OF MY KNOWLEDGE.
7d;iticl't;iF, _I!'pfjr;ps
T -............_ .....�....�m�....:_:....:..,...�.w.�.�.� MAY 2 9 2014,
50050 00010 00400 50060 00310 00610 00530 1 31616 00300 00600 00665 32730 1 007 1 01082
0
E F X C ABOVE NAME AND UNITS
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MINIMUM: 0.006 13.4 6.3 21 7.8 0.9 6.2 1
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Monthly Limit 0.011 >6<9 28 30146 30146 200/400
D M 1(Revise 1�///d
�,AW
z No V - z a
Facility Status:(Please check one of the following)
All monitoring data and sampling frequencies meet permit requirements
Compliant
All monitoring data and sampling frequencies do NOT meet permit requirements I�
Noncompliant
If the facility is noncompliant,please comment on corrective actions being taken in respect to equipment,operation,maintenance,etc.,and
a time table for improvements to be made.
"I certify,under penalty of law,that this document and all attachments were prepared under my direction or supervision in accordance with
a system designed to assure that qualified personnel properly gather and evaluate the information submitted.Based on my inquiry of the
person or persons who manage the system,or those persons directly responsible for gathering the information,the information submitted
is,to the best of my knowledge and belief,true,accurate,and complete.I am aware that there are significant penalties for submitting false
information,including the possibility of fines and imprisonment for knowing violations."
Buncombe County Schools
Permittee Please print or type)
Signature of Permittee** Date
175 Bingham Road Asheville,NC 28806 828-232-4244 1213l/2015
Permittee Address Phone Number Permit Exp. Date
PARAMETER CODES
00010 Temperature 00556 Oil&Grease 00951 Total Flouride 01067 Nickel 50060 Total
00076 Turbidity 00600 Total Nitrogen 01002 Total Arsenic 01077 Silver Residual
00080 Color(Pt-Co) 00610 Ammonia Nitrogen 01092 Zinc Chlorine
00082 Color(ADMI) 00625 Total Kjeldhal 01027 Cadium 01105 Aluminum
Nitrogen
00095 Conductivity 00630 Nitrates/Nitrites 01032 Hexavalent Chromiur 01147 Total Selenium 71880 Formaldehyde
00300 Dissolved Oxygen 01034 Chromium 31616 Fecal Coliform 71900 Mercury
00310 BOD5 .00665 Total Phosphorous 32730 Total Phenolics 81551 Xylene
00340 COD 00720 Cyanide 01037 Total Cobalt 34235 Benzene
00400 pH 00745 Total Sulfide 01042 Copper 34481 Toluene
00530 Total Susppendec 00927 Total Magnesium 38260 MBAS
Residue 00929 Total Sodium 01045 Iron 39516 PCBs
00545 Settleable Matter 00940 Total Chloride 01051 Lead 50050 Flow
Parameter Code assistance may obtained by calling the Water Quality Compliance Group at(919)733-5083,extension 581 or 534.
The monthly average for fecal coliform is to be reported as a GEOMETRIC mean.Use only units designated in the reporting facility's
permit for reporting data.
*ORC must visit facility and document visitation of facility as required per 15A NCAC 8A.0202(b)(5)(B).
**If signed by other than the permittee,delegation of signatory authority must be on file with the state per 15A NCAC 213.0506(b)(2)(D).
NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCroiy John E Skvarla, III
Governor Seci-etary
July 25,2014
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7012 1010 0002 1965 7550
Mr. R. Belvin Hall, Assistant Director, Maintenance
Buncombe County Schools
175 Bingham Road
Asheville,North Carolina 28806
Subject: Notice of Violation and
Recommendation for Enforcement
Tracking#: NOV-2014-LV-0355
Fairview Elementary School WWTP
NPDES Permit No. NCO066788
Buncombe County
Dear Mr. Hall:
A review of the April 2014 self-monitoring report for the subject facility revealed violations of the
following parameters:
Date Outfall Parameter Reported Value Permit Limit
04/09/2014 001 Fecal Coliform 727 #/ 100ml 400 #/ 100ml
04/30/2014 001 Flow 0.018 mgd 0.011 mgd
A Notice of Violation/Notice of Recommendation for Enforcement(NOV/NRE) is being issued for the
noted violation of North Carolina General Statute (G.S.) 143-215.1 and NPDES Permit No.NC0066788.
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) days after receipt of this Notice. A review of your response will be considered along
with any information provided on the April 2014 Discharge Monitoring Report. 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.
Water Quality Regional Operations—Asheville Regional Office
2090 U.S.Highway 70,Swannanoa,North Carolina 28778
Phone: (828)296.4500 FAX: (828)299-7043
Internet: http:Hportal:ncdenr.org/web/wq
An Equal Opportunity/Affirmative Action Employer
Mr. R. Belvin Hall
July 25, 2014
Page Two
Remedial actions, if not already implemented, should be taken to correct any problems. The Division of
Water Resources may pursue enforcement actions for this and any additional violations. 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. You may
contact this office for additional information.
If you have questions concerning this matter, please do not hesitate to contact Janet Cantwell or
me at 828/296-4500.
Sincerely,
G. Landon Davidson, P.G., Regional Supervisor
Water Quality Regional Operations,NCDENR
Asheville Regional Office
cc: WQ Asheville Files
MSC 1617-Central Files-Basement
WQ Enforcement/NPDES Point Source Branch
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NCDE R k�l
North Carolina Department of Environment and Natural Resour
Division of Water Quality
Pat McCrory Charles Wakild, P.E. John E. Skvarla, III
Governor Director Secretary
June 5, 2013
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7012 1010 0002 1967 5691
Mr. R. Belvin Hall, Assistant Director, Maintenance
Buncombe County Schools
175 Bingham Road
Asheville,North Carolina 28806
SUBJECT: Notice of Violation and Assessment of Civil Penalty
for Violations of North Carolina General Statute (G.S.) 143-215.l(a)(6)
and NPDES Permit NCO066788
Buncombe County Schools
Fairview Elementary School WWTP
Case No. LV-2013-0104
Buncombe County
Dear Mr. Hall:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of$337.00
($200.00 civil penalty+ $137.00 enforcement costs) against Buncombe County Schools.
This assessment is baged upon the following facts: a review has been conducted of the discharge
monitoring report (DMR) submitted by Buncombe County Schools for the month of February
2013. This review has shown the subject facility to be in vidlation of the discharge limitations
and/or monitoring requirements found in NPDES Permit NC0066788. The violations which
occurred in February 2013 are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that Buncombe County Schools violated
the terms, conditions or requirements of NPDES Permit NCO066788 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).
Based upon the above findings of fact and conclusions of law, and in accordance with authority
provided by the Secretary of the Department of Environment and Natural Resources and the
Director of the Division of Water Quality, I, Chuck Cranford, Division of Water Quality Regional
Supervisor for the Asheville Region, hereby make the following civil penalty assessment against
Buncombe County Schools:
One
N Carolina
Naturally
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE
Location:2090 U.S.Highway 70,Swannanoa,NC 28778
hone: (828)296-4500\FAX:828 2997043
Internet:www.ncwaterouality.org
6 '
2 of the 2 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
200.00 NC0066788, by discharging waste water into the waters of the State
in violation of the Permit Daily Maximum limit for FEC COLI.
$200.00 TOTAL CIVIL PENALTY
$137.00 Enforcement Costs
$337.00 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. 14313-
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 days of receipt of this notice, you must do one of the following:
1. Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environment and Natural
Resources (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:
Point Source Compliance/Enforcement Unit
Division of Water Quality
1617 Mail Service Center
Raleigh,North Carolina 27699-1617
OR
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 Quality 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 14313-282.1(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 the Division of Water Quality 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 Quality also requests that
you complete and submit the enclosed"Justification for Remission Request." Both forms should
be submitted to the following address:
Point Source Compliance/Enforcement Unit
Division of Water Quality
1617 Mail Service Center
Raleigh,North Carolina 27699-1617
OR
3. File a petition for an administrative hearing with the Office of Administrative Hearings:
_-If you Wish to contest any statement in e attachee 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 original and one (1) copy of the petition must be filed with the Office
of Administrative Hearings. The petition may be faxed-provided the original and one copy of the
document is received in the Office of Administrative Hearings within five (5)business days
following the faxed transmission. The mailing address for the Office of Administrative Hearings
is:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh,North Carolina 27699-6714
Telephone (919) 733-2698 Facsimile: (919) 733-3478
and
Mail or hand-deliver a copy of the petition to
Mary Penny Thompson, General Counsel
Department of Environment and Natural Resources
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 Janet Cantwell of the Water Quality staff of the
Asheville Regional Office at 828-296-4500.
Sincerely,
Chuck ranford, Regional Supervisor
Surface Water Protection Section
Asheville Regional Office
ATTACHMENTS
cc: DWQ Regional Supervisor w/attachments
NPDES Point Source w/attachments
DWQ Central Files w/attachments
RPB Systems/ORC w/attachments
S:\SWP\Buncombe\Wast.evvvatcr\Minors\Fairview Elementary 66788TV-2013-0104.doc
i
JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: LV-2013-0104 County: Buncombe
Assessed Party: Buncombe County Schools/Fairview Elementary
Permit No. : NC0066788 Amount Assessed: $337.00
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 applies. 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:
STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT '
AND NATURAL RESOURCES
COUNTY OF BUNCOMBE
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND
STIPULATION OF FACTS
BUNCOMBE COUNTY SCHOOLS / )
FAIRVIEW ELEMENTARY SCHOOL )
PERMIT NO.NCO066788 ) FILE NO. LV-2013-0104
Having been assessed civil penalties totaling $337.00 for violation(s)as set forth in the
assessment document of the Division of Water Quality dated June 5, 2013, 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 Quality 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
ADDRESS
TELEPHONE
ATTACHMENT A
Buncombe County Schools
CASE NUMBER:LV-2013-0104
PERMIT: NCO066788 FACILITY: Fairview Elementary School COUNTY: Buncombe REGION: Asheville
Limit Violations
MONITORING OUTFALL/ VIOLATION UNIT OF CALCULATED %OVER
PENALTY REPORT PPI LOCATION PARAMETER DATE FREQUENCY MEASURE LIMIT VALUE LIMIT VIOLATION TYPE
$100.00 2-2013 001 Effluent FEC COLI 02/12/13 Weekly #/loom] 400 727 81.75 Daily Maximum Exceeded
$100.00 2-2013 001 Effluent FEC COLI 02/27/13 Weekly #/100ml 400 2,420 505.00 Daily Maximum Exceeded
DIVISION OF WATER QUALITY- CIVIL PENALTY ASSESSMENT(FILE)
Violator: Buncombe County Schools / Fairview Elementary / NCO066788
(February 2013 Di17.12)
County: Buncombe
Case Number: LV-2013-0104
ASSESSMENT FACTORS
As required by G.S. 143-214.6A(c),in determining the amount of the penalty I considered the factors
set out in 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;
All effluent violations may be detrimental to the receiving stream but may not be
immediately quantified.
2) The duration and gravity of the violation;
Two Daily Max Fecal coliforms exceeded the permit limit by 81.75 %and 505 %.
3) The effect on ground or surface water quantity or quality or on air quality;
All effluent violations may be detrimental to the receiving stream but may not be
immediately quantified.
4) The cost of rectifying the damage;
The cost is unknown.
5) The amount of money saved by noncompliance;
The amount of money saved would include the cost of excess solids removal.
The amount of money saved would include the cost keeping the chlorine contact
basin clean before there is a violation.
The amount of money saved would also include the time to check the chlorine
tablets in the tube dispensers to make sure they are working properly.
6) Whether the violation was committed willfully or intentionally;
It does not appear to be either.
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 has been one civil,penalty assessment in the twelve months prior to this
violation.
8) The cost to the State of the enforcement procedures.
$137.00.
ch r _
at Chuck Cra f •d,Regional Supervisor
Surface Water Protection Section
Asheville Regional Office
05/31/2013
EFFLUENT 1
NPDES NO: NCO066788 DISCHARGE NO: 001 MONTH: Fey U YEAR: 2013
FACILITY NAME: Buncombe County SCho6IS-Fa1rV1eW Elem CLASS: I' �!�OUNTY: Bunco IIbe
OPERATOR IN RESPONSIBLE CHARGE(ORC): Todd Moore GRADE: Phone: $28-251-1900
CERTIFIED LABORATORIES(1): Pace Analytical (2)
CHECK BOX IF ORC HAS CHANGED: PERSON(S)COLLECTING S uq -r-.�To Moore
MAIL ORIGINAL AND ONE DOP`X TO;:;.
ATTN:CENTRAL FILE ��� to��ec
DENRDivision of Water Quality r'`PIR 0 2 201 X � 1a�c`�Co�
° (SIGNAT OF OPERATO I PONSIBLE CH } R2o DATE
1617 Mail Service Center `, di 4 , .
Raleigh,NC 27699-1617 � s�%� ' BY THIS SIGNATURE,I CE FY TH THI
ACCURATE AND COMPLETE TO THE S OF MY EDGE.
APR 2 6 2013
50050 00010 00400 50060 00310 00610 00530 31616 00300 00600 00665 32730 1 00720 1 01042 01082
EFF X ABOVE NAME AND UNITS
INF t j C 4) 0 E N BELOW
p� N o C 2
E m o V c c? rn oc
CL
o „ R ~ Q ~ vo.d '3 d p
mw E m v
zT o oN
° ° z O 0
o U) 08 0 M E 0 Na c0
to v � L) E G 10
n O
a U.
0
HRS HRS Y/N MGD °C S.U. UGL MG/L MG/L MG/L # 60ML MG/L MG/L MG/L MG/L UG/L MG/L MG/L
1 1415 Y Eyr,
2 ..
a
4 1425 0.33 Y�
5 1345 O.42
6 1355 0.42 Y 0.008 9.8 7.2 21 3.0 0.30 < 2.5 1.0
7 0830 0;75 Y _ 1'67777
8 0855 0.42 Y
9 a, "
77777
10
12 1330 0.33 Y 0.008 10.7 7.1 < 10 4.7 3.3 k727.0,1
13. 1410 L 42, LLL L ,:2L L
14 1405 0.92 Y
15 Q935 0 33 Y, 7,7. i ` S`
16
18 0825 0.33 Y
19_. :0835 0`.50 Y.f .:7.6. ''$_ .`,.IL L2tjL ..a ML Lg 5.. ,ti6`2. w a.
20 0910 0.83 Y 20
7777
22 1435 0.33 Y
24
25 1445 0`.5.Q, Y7, ` z 26 1525 0.67 Y
z� 14,20 0.42 . Y 0 QO$ ,,.,10 5 ::2„, , .18.. , 1:�:., , ., .•,.... 88 ., �42Q. ,, .. '..... . , t;_.
28 1 1600 0.25 Y 26
30
AVERAGE: 0.008 9.7 19 5.6 0.4 4.3 82
MAXIMUM 0 Q08 IO 7, ET rl.. .. 26 6 8 8 2420
MINIMUM: 0.008 7.6 6.8 10 3.0 0.3 2.5 1
Comp,(C)or Grab(Gj CONTIN G G
Monthly Limit 0.011 >6<9 28 30145 30/45 2001400
DE Form MR-1(R I 12/93) 11e1VR6:
904-1
9 l rnloV p la/0e� 1L,V �/3 -©l°�
Facility Status:(Please check one of the following)
All monitoring data and sampling frequencies meet permit requirements 0
Compliant
All monitoring data and sampling frequencies do NOT meet permit requirements
Noncompliant
If the facility is;noncompliant,please comment on corrective actions being taken in respect to equipment,operation,maintenance,etc.,and
a time table for improvements to be made.
1�C�'t�s<<./" 'cvr�.-l-�a< rrybei- arr6G-G �L'ca/ b.^u �.•- . '/. "!.
"I certify,under penalty of law,that this document and all attachments were prepared under my direction or supervision in accordance with
a system designed to assure that qualified personnel properly gather and evaluate the information submitted.Based on my inquiry of the
person or persons who manage the system,or those persons directly responsible for gathering the information,the information submitted
is,to the best of my knowledge and belief,true,accurate,and complete.I am aware that there are significant penalties for submitting false
information,including the possibility of fines and imprisonment for knowing violations."
Buncombe County Schools
P r i e Pleas print or type)
3
Signature of Permittee** Date
175 Bingham Road Asheville,NC 28806 828-232-4244 12/31/2015
Permittee Address Phone Number Permit Exp. Date
PARAMETER CODES
00010 Temperature 00556 Oil&Grease 00951 Total Flouride 01067 Nickel 50060 Total
00076 Turbidity 00600 Total Nitrogen 01002 Total Arsenic 01077 Silver Residual
00080 Color(Pt-Co) 00610 Ammonia Nitrogen 01092 Zinc Chlorine
00082 Color(ADMI) 00625 Total Kjeldhal 01027 Cadium 01105 Aluminum
Nitrogen
00095 Conductivity 00630 Nitrates/Nitrites 01032 Hexavalent Chromiur 01147 Total Selenium 71880 Formaldehyde
00300 Dissolved Oxygen 01034 Chromium 31616 Fecal Coliform 71900 Mercury
00310 BOD5 00665 Total Phosphorous 32730 Total Phenolics 81551 Xylene
00340 COD 00720 Cyanide 01037 Total Cobalt 34235 Benzene
00400 pH 00745 Total Sulfide 01042 Copper 34481 Toluene
00530 Total Susppendec 00927 Total Magnesium 38260 MBAS
Residue 00929 Total Sodium 01045 Iron 39516 PCBs
00545 Settleable Matter 00940 Total Chloride 01051 Lead 50050 Flow
Parameter Code assistance may obtained by calling the Water Quality Compliance Group at(919)733-5083,extension 581 or 534.
The monthly average for fecal coliform is to be reported as a GEOMETRIC mean.Use only units designated in the reporting facility's
permit for reporting data.
*ORC must visit facility and document visitation of facility as required per 15A NCAC 8A.0202(b)(5)(B).
**If signed by other than the permittee,delegation of signatory authority must be on file with the state per 15A NCAC 26.0506(b)(2)(D).
-e G
I (�p
Permit Enforcement History Details by Owner
05/30/13
1
Owner: Buncombe County Schools
Facility: Fairview Elementary School
Permit: NCO066788
Region: Asheville County: Buncombe
Penalty Remission Enf EMC EMC OAH Collection Has
Assessment Penalty Enforcemen Request Enf Conf Remission Hearing Remission Remission Memo Sent Balance Pmt Case
Case Number MR Approved Amount t Costs Damages Received Held Amount Held Amount Amount to AGO Total Paid Due Plan Closed
LV-2000-0030 01/28/00 $250 $73.11 $323.11 $.00 No 03/07/00
LV-2000-0047 02/25/00 $1,000 $73.11 $1,073.11 $.00 No 03/16/00
LV-2000-0128 04/28/00 $2,000 $73.11 $2,073.11 $.00 No 05/31/00
LV-2002-0309 08/19/02 $250 $105.50 $355.50 $.00 No 09/13/02
LV-2006-0316 3-2006 08/25/06 $350 $126.82 $476.82 $.00 No 09/08/06
LV-2013-0066 12-2012 04/16/13 $200 $137.00
$337.00 $.00 No 05/14/13
Total Cases: 6 Total Penalty Amount: $4,050 Total Enforcement Cost: $588.65 Sum of Total Paid: $4,638.65 Total Balance Due: $.00
Sum of Total Case Penalties: $4,638.65 Total Penalties after remission(s): $4,638.65
DIVISION OF WATER QUALITY-CIVIL PENALTY ASSESSMENT(FILE)
Violator: Buncombe County Schools / Fairview Elementary / NCO066788
(February 2013 DIN R)
County: Buncombe
Case Number: LV-2013-0104
ASSESSMENT FACTORS
As required by G.S. 143-214.6A(c),in determining the amount of the penalty I considered the factors
set out in 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;
All effluent violations may be detrimental to the receiving stream but may not be
immediately quantified.
2) The duration and gravity of the violation;
Two Daily Max Fecal coliforms exceeded the permit limit by 81.75 %and 505 %.
3) The effect on ground or surface water quantity or quality or on air quality;
All effluent violations may be detrimental to the receiving stream but may not be
immediately quantified.
4) The cost of rectifying the damage;
The cost is unknown.
5) The amount of money saved by noncompliance;
The amount of money saved would include the cost of excess solids removal.
The amount of money saved would include the cost keeping the chlorine contact
basin clean before there is a violation.
The amount of money saved would also include the time to check the chlorine
tablets in the tube dispensers to make sure they are working properly.
6) Whether the violation was committed willfully or intentionally;
It does not appear to be either.
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 has been one civil penalty assessment in the twelve months prior to this
violation.
8) The cost to the State of the enforcement procedures.
$137.00.
Date Chuck Cranford,Regional Supervisor
Surface Water Protection Section
Asheville Regional Office
05/31/2013
AL41
Nca�
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Pat McCrory Charles Wakild, P.E. John E.Skvarla, III
Governor Director Secretary
June 5, 2013
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. R. Belvin Hall, Assistant Director, Maintenance
Buncombe County Schools
175 Bingham Road
Asheville,North Carolina 28806
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 Permit NCO066788
Buncombe County Schools
Fairview Elementary School WWTP
Case No. LV-2013-0104
Buncombe County
Dear Mr. Hall:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of$337.00
($200.00 civil penalty+ $137.00 enforcement costs) against Buncombe County Schools.
This assessment is based upon the following facts: a review has been conducted of the discharge
monitoring report (DMR) submitted by Buncombe County Schools for the month of February
2013. This review has shown the subject facility to be in violation of the discharge limitations
_ and/or monitoring requirements found in NPDES Permit NC0066788. The violations which
occurred in February 2013 are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that Buncombe County Schools violated
the terms, conditions or requirements of NPDES Permit NCO066788 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).
Based upon the above findings of fact and conclusions of law, and in accordance with authority
provided by the Secretary of the Department of Environment and Natural Resources and the
Director of the Division of Water Quality, I, Chuck Cranford, Division of Water Quality Regional
Supervisor for the Asheville Region, hereby make the following civil penalty assessment against
Buncombe County Schools:
NorthCarolina
N14(mlly
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE
Location:2090 U.S. Highway 70,Swannanoa, NC 28778
Phone: (828)296-4500\FAX:828 2997043
Internet:www.ncwaterguality.org
2 of the 2 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$200.00 NC0066788, by discharging waste water into the waters of the State
in violation of the Permit Daily Maximum limit for FEC COLI.
$200.00 TOTAL CIVIL PENALTY
$137.00 Enforcement Costs
$337.00 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 days of receipt of this notice, you must do one of the following:
1. Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environment and Natural
Resources (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:
Point Source Compliance/Enforcement Unit
Division of Water Quality
1617 Mail Service Center
Raleigh,North Carolina 27699-1617
OR
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 Quality 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 14313-282.1(b)
was wrongfully applied to the detriment of the petitioner;
- — (2) wlreth-er-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 the Division of Water Quality 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 Quality also requests that
you complete and submit the enclosed"Justification for Remission Request." Both forms should
be submitted to the following address:
Point Source Compliance/Enforcement Unit
Division of Water Quality
1617 Mail Service Center
Raleigh,North Carolina 27699-1617
OR
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 original and one (1) copy of the petition must be filed with the Office
of Administrative Hearings. The petition may be faxed-provided the original and one copy of the
document is received in the Office of Administrative Hearings within five (5)business days
following the faxed transmission. The mailing address for the Office of Administrative Hearings
is:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh,North Carolina 27699-6714
Telephone (919) 733-2698 Facsimile: (919) 733-3478
and
Mail or hand-deliver a copy of the petition to
Mary Penny Thompson, General Counsel
Department of Environment and Natural Resources
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 Janet Cantwell of the Water Quality staff of the
Asheville Regional Office at 828-296-4500.
Sincerely,
Chuck Cranford, Regional Supervisor
Surface Water Protection Section
Asheville Regional Office
ATTACHMENTS
cc: DWQ Regional Supervisor w/attachments
NPDES Point Source w/attachments
DWQ Central Files w/attachments
RPB Systems/ORC w/attachments
S:\SWP\[3uneombc\W�stetivater Minors Fairvicvv t lementary 66788 IN-2013-0104,doc
JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: LV-2013-0104 County: Buncombe
Assessed Party: Buncombe County Schools /Fairview Elementary
Permit No. : NC0066788 Amount Assessed: $337.00
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 applies. 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:
STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
COUNTY OF BUNCOMBE
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND
STIPULATION OF FACTS
BUNCOMBE COUNTY SCHOOLS / )
FAIRVIEW ELEMENTARY SCHOOL )
PERMIT NO.NCO066788 ) FILE NO. LV-2013-0104
Having been assessed civil penalties totaling$337.00 for violation(s) as set forth in the
assessment document of the Division of Water Quality dated June 5, 2013, 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 Quality 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
ADDRESS
TELEPHONE
ATTACHMENT A
Buncombe County Schools
CASE NUMBER:LV-2013-0104
PERMIT: NCO066788 FACILITY: Fairview Elementary School COUNTY: Buncombe REGION: Asheville
Limit Violations
MONITORING OUTFALL/ VIOLATION UNIT OF CALCULATED %OVER
PENALTY REPORT PPI LOCATION PARAMETER DATE FREQUENCY MEASURE LIMIT VALUE LIMIT VIOLATION TYPE
$100.00 2-2013 001 Effluent FEC COLI 02/12/13 Weekly #/100ml 400 727 81.75 Daily Maximum Exceeded
$100.00 2-2013 001 Effluent FEC COLI 02/27/13 Weekly #/100ml 400 2,420 505.00 Daily Maximum Exceeded
EFFLUENT
..PDES NO: NCO066788 DISCHARGE NO: 001 MONTH: FebTU1 YEAR: 2013
FACILITY NAME: Buncombe County Schools-Fairview Elem CLASS: II V�VoUNTY: Buncombe
OPERATOR IN RESPONSIBLE CHARGE(ORC): Todd Moore GRADE: e a- Phone: 828-251-1900
CERTIFIED LABORATORIES(1): Pace Analytical (2) `
CHECK BOX IF ORC HAS CHANGED: PERSON(S)COLLECTING L7 ,r.., Tod Moore
MAIL ORIGINAL AND ONE tl OF TQ'.
1 �ep�t
ATTN:CENTRAL FILEDivisio A �
DENRnofWaterQuality t1i`'f1 0 X ta2eivpa�QE�tce-i�'i ?
1617 Mail Service Center CE��'�t- .1 gi� (SIGNAT OF OPERATIO I NSIBLE CqH ) 4ie� DATE
Raleigh,NC 27699-1617 - g' y. .�;� BY THIS SIGNATURE,I CE FY T�HTHIOR��I `
ACCURATE AND COMPLETE TO S�OF MY LEDGE.
APR 2 6 200
50050 00010 00400 50060 00310 00610 00530 31616 00300 00600 00665 32730 00720 1 01042 01062 At
EFF X ABOVE NAME AND UNITS
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141,5
2
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4 1425 0.33 Y
6 1355 0.42 Y 0.008 9.8 7.2 21 3.0 0.30 < 2.5 1.0
6 0855 0.42 Y
9 77 777
10
12 1330 0.33 Y 0.008 10.7 7.1 < 10 4.7 3.3 727.0
13 1;410 0,42.
14 1405 0.92 Y
LEL 0935. 1K N Y " r
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20 0910 0.83 Y 20
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25 1445, O::EQ 2L �.' � � a.,� L
26 1525 0.67 Y
27 1420 ,6 42,
26 1600 0.25 Y 26
z9
30
31 ,,•
AVERAGE: 0.008 9.7 19 1 5.6 0.4 4.3 82
MAXIMUM 0 0b8 10 7Q f '2, Z6 10'2 0 8 8 8 2420
ti
MINIMUM: 0.008 7.6 6.8 10 3.0 0.3 2.5 1
Comp (C)or Grab(G) CONTIN Q G G A': G G G G F C G G C C
Monthly Limit 0.011 >6<9 28 30/45 30/45 200/400
DE Form MR-1(R ised 12/93) '11/r�V
90
��j l �V , 7c� 3 ` L'i/- 1) �a� 1L,V �/3 --©1a
Facility Status:(Please check one of the following)
All monitoring data and sampling frequencies meet permit requirements 0
Compliant
All monitoring data and sampling frequencies do NOT meet permit requirements
Noncompliant
If the facility is noncomplia6t,please comment on corrective actions being taken in respect to equipment,operation,maintenance,etc.,and
a time table for improvements to be made.
"I certify,under penalty of law,that this document and all attachments were prepared under my direction or supervision in accordance with
a system designed to assure that qualified personnel properly gather and evaluate the information submitted.Based on my inquiry of the
person or persons who manage the system,or those persons directly responsible for gathering the information,the information submitted
is,to the best of my knowledge and belief,true,accurate,and complete.I am aware that there are significant penalties for submitting false
information,including the possibility of fines and imprisonment for knowing violations."
Buncombe County Schools
P r Pleas print or type)
3 f I3
Signature of Permittee** Date
175 Bingham Road Asheville,NC 28806 828-232-4244 12/31/2015
Permittee Address Phone Number Permit Exp.Date
PARAMETER CODES
00010 Temperature 00556 Oil&Grease 00951 Total Fiouride 01067 Nickel 50060 Total
00076 Turbidity 00600 Total Nitrogen 01002 Total Arsenic 01077 Silver Residual
00080 Color(Pt-Co) 00610 Ammonia Nitrogen 01092 Zinc Chlorine
00082 Color(ADMI) 00625 Total Kjeldhal 01027 Cadium 01105 Aluminum
Nitrogen
00095 Conductivity 00630 Nitrates/Nitrites 01032 Hexavalent Chromiur 01147 Total Selenium 71880 Formaldehyde
00300 Dissolved Oxygen 01034 Chromium 31616 Fecal Coliform 71900 Mercury
00310 BOD5 00665 Total Phosphorous 32730 Total Phenolics 81551 Xylene
00340 COD 00720 Cyanide 01037 Total Cobalt 34235 Benzene
00400 pH 00745 Total Sulfide 01042 Copper 34481 Toluene
00530 Total Susppendec 00927 Total Magnesium 38260 MBAS
Residue 00929 Total Sodium 01045 Iron 39516 PCBs
00545 Settleable Matter 00940 Total Chloride 01051 Lead 50050 Flow
Parameter Code assistance may obtained by calling the Water Quality Compliance Group at(919)733-5083,extension 581 or 534.
The monthly average for fecal coliform is to be reported as a GEOMETRIC mean. Use only units designated in the reporting facility's
permit for reporting data.
*ORC must visit facility and document visitation of facility as required per 15A NCAC 8A.0202(b)(5)(B).
**If signed by other than the permittee,delegation of signatory authority must be on file with the state per 15A NCAC 213.0506(b)(2)(D).
Permit Enforcement History Details by Owner
05/30/13
1
Owner: Buncombe County Schools
Facility: Fairview Elementary School
Permit: NCO066788
Region: Asheville County: Buncombe
Penalty Remission Enf EMC EMC OAH Collection Has
Assessment Penalty Enforcemen Request Enf Conf Remission Hearing Remission Remission Memo Sent Balance Pmt Case
Case Number MR Approved Amount t Costs Damages Received Held Amount Held Amount Amount to AGO Total Paid Due Plan Closed
LV-2000-0030 01/28/00 $250 $73.11 $323.11 $.00 No 03/07/00
LV-2000-0047 02/25/00 $1,000 $73.11 $1,073.11 $.00 No 03/16/00
LV-2000-0128 04/28/00 $2,000 $73.11 $2,073.11 $.00 No 05/31/00
LV-2002-0309 08/19/02 $250 $105.50 $355.50 $.00 No 09/13/02
LV-2006-0316 3-2006 08/25/06 $350 $126.82 $476.82 $.00 No 09/08/06
LV-2013-0066 12-2012 04/16/13 $200 $137.00 $337.00 $.00 No 05/14/13
Total Cases: 6 Total Penalty Amount: $4,050 Total Enforcement Cost: $588.65 Sum of Total Paid: $4,638.65 Total Balance Due: $.00
Sum of Total Case Penalties: $4,638.65 Total Penalties after remission(s): $4,638.65
Viotations
LimitViolations,T. Monitoring Violations rReporting Violations r Other Violations
Permit NC0066788' Details..., SOC: �AD C ?a�I ... Monitoring Report: 02-2013 Details f
Facility: !Fairview Elementary School Details... Region: sheville -_] County: Buncombe
Owner Buncombe County Schools Maintain..., Incident: Inspect.Dt: =«iis
Facility Reported As )Compliant (S-)Non-Compliant ',-t Not ReportedFvj Is signed Report Type: DMR
'Outfal ,*Location *Parameter *Date Manual *Description SOC -Limit *Calcul._ -Unit %Over Action
001 Effluent Coliform,Fec... 102112f2013 Q Daily Maximum... ] 400 ...1727 #1100m1 181.75 ...
001 'Effluent-- "GoIiform,Fec.:. 102i27f2013 Q Daily Maximum...{ (_I 400 2 20 ...#/100m1 1505
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AGA 17OLE
CDEN R
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Pat McCrory Charles Wakild, P.E. John E. Skvarla,III
Governor Director Secretary
May 10,2013
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7010 1870 0003 0875 3237
Mr. R. Belvin Hall,Assistant Director, Maintenance
Buncombe County Schools
175 Bingham Road
Asheville,North Carolina 28806
Sub ect: Notice of Violation and
Recommendation for Enforcement
Tracking#: NOV-2013`-LV-0310
Fairview Elementary School WWTP
NPDES Permit No.NCO066788
Buncombe County
Dear Mr. Hall:
A review of the February 2013 self-monitoring report for the subject facility revealed violations of the
following parameter:
Date Outfall Parameter Reported Value Permit Limit
02/12/2013 001 Fecal coliform 727 #1 100 ml 400 #/ 100 ml
02/27/2013 001 Fecal coliform 2420 #/ 100 ml 400 #/ 100 ml
A Notice of Violation/Notice of Recommendation for Enforcement(NOV/NRE) is being issued for the
noted violation of North Carolina General Statute (G.S.) 143-215.1 and NPDES Permit No.NC0066788.
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) days after receipt of this Notice. A review of your response will be considered along
with any information provided on the February 2013 Discharge Monitoring Report. 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.
SURFACE WATER PROTECTION SECTION—ASI-IEVII..LE REGIONAL:.,OFFICE
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 One
Phone:828-296-4500\Fax:828-299-7043 NorthCarohna
Internet:htti):Hportal.nodenr.org/web/wa Natuznaill
An Equal Opportunity 1 Affirmative Action Employer-50%Recycled/10%Post Consumer paper
Mr. R. Belvin Hall
May 10, 2013
Page Two
Remedial actions, if not already implemented, should be taken to correct any problems. The Division of
Water Quality may pursue enforcement.actions for this and any additional violations. 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. You may
contact this office for additional information.
If you have questions concerning this matter, please do not hesitate to contact Janet Cantwell or
me at 828/296-4500.
Sincerely,
Chuck Cranford, Regional Supervisor
Surface Water Protection Section
Asheville Regional Office
cc: DWQ Asheville Files
DWQ Central Files
DWQ Point Source Branch
S:\SWII\Bttncombe-.,Wastew itei-PMinois\Fairview Elementary 66783`:NOV-NTRE-2013-I.V-03I O.doc
�'ALF A
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Pat McCrory Charles Waki-Id, P.E. John E. Skvarla,III
Governor Director Secretary
May 10, 2013
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. R. Belvin Hall, Assistant Director, Maintenance
Buncombe County Schools
175 Bingham Road
Asheville,North Carolina 28806
Subj ect: Notice of Violation and
Recommendation for Enforcement
Tracking#: NOV-2013-LV-0310
Fairview Elementary School WWTP
NPDES Permit No. NCO066788
Buncombe County
Dear Mr. Hall:
A review of the February 2013 self-monitoring report for the subject facility revealed violations of the
following parameter:
Date Outfall Parameter Reported Value Permit Limit
02/12/2013 001 Fecal coliform 727#/ 100 ml 400 #/ 100 ml
02/27/2013 001 Fecal coliform 2420#/ 100 ml 400 #/ 100 ml
A Notice of Violation/Notice of Recommendation for Enforcement(NOV/NRE) is being issued for the
noted violation of North Carolina General Statute (G.S.) 143-215.1 and NPDES Permit No.NC0066788.
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) days after receipt of this Notice. A review of your response will be considered along
with any information provided on the February 2013 Discharge Monitoring Report. 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.
SURFACE WATER PROTECTION SECTION -AS[]EVI] I:[.3 RI::iG[ONAI: OFFICE;
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 One
Phone:828-296-4500\Fas:828-299-7043 NO thCarollna
htternet:http://Portal.nedenr.om/web/wg Aahm All
An Equal Opportunity\Affirmative Action Employer--50%Recycled/10%Post Consumer paper
Mr. R. Belvin Hall
May 10, 2013
Page Two
Remedial actions, if not already implemented, should be taken to correct any problems. The Division of
Water Quality may pursue enforcement actions for this and any additional violations. 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. You may
contact this office for additional information.
If you have questions concerning this matter, please do not hesitate to contact Janet Cantwell or
me at 828/296-4500.
Sincerely,
Chuck Cranford, Regional Supervisor
Surface Water Protection Section
Asheville Regional Office
cc: DWQ Asheville Files
DWQ Central Files
DWQ Point Source Branch
S:\SWi'\}3UT1c0iribe\Wasle%vtiler\Minors\Fairvie%v I Iementary 66788\N0V-NRI_-2013-LV-03I0.doc
A•f
C) w�� FILE
MCDE�IR
North Carolina Department of Environment and Natural Resources
Division of Water Resources
Water Quality Programs
Pat McCrory Thomas A. Reeder John E. Skvada, III
Governor Director Secretary
March 18,2014
CERTIFIED MAIL
RETURN RECEIPT REQUESTED—70121010 00021967 8180
Mr. R.Belvin Hall
Buncombe County Schools
175 Bingham Road
Asheville,North Carolina 28806
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 Permit NCO066788
Buncombe County Schools
Fairview Elementary School WWTP
Case No. LV-2014-0023
Buncombe County
Dear Mr. Hall:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of$347.50
($200.00 civil penalty+ $147.50 enforcement costs)against Buncombe County Schools.
This assessment is based upon the following facts: a review has been conducted of the discharge
monitoring report(DMR) submitted by Buncombe County Schools for the month of November
2011 This review has shown the subject facility to be in violation of the discharge limitations
and/or monitoring requirements found in NPDES Permit NC0066788. The violations which
occurred in November 2013 are summarized in Attachment A to this letter.
Based upon the above facts,I conclude as a matter of law that Buncombe County Schools violated
the terms, conditions or requirements of NPDES Permit NCOO66788 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).
Based upon the above findings of fact and conclusions of law, and in accordance with authority
provided by the Secretary of the Department of Environment and Natural Resources and the
Director of the Division-of Water Resources,I, G. Landon Davidson,Division of Water Resources
Regional Supervisor for the Asheville Region,hereby make the following civil penalty assessment
against Buncombe County Schools:
Water Quality Regional Operations—Asheville Regional Office
2090 U.S.Highway 70,Swannanoa,North Carolina 28778
Phone: (828)296.4500 FAX: (828)299-7043
Internet: http:l/portal.ncdenr.org/web/wq
An Equal Opportunity/Affirmative Action Employer
f the 2 violations of G.S. 143-215.1(a)(t 6)and NPDES Permit No.
200.00 NCO066788,by.discharging waste water into the waters of the State
in violation of the Permit Daily Maximum limit for FEC COLI.
$200.00 TOTAL CIVIL PENALTY
$147.50 Enforcement Costs
$347.50 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. 14313-
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 days of receipt of this notice,you must do one of the following:
1. Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environment and Natural
Resources (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
Point Source Compliance/Enforcement Unit
Division of Water Resources
1.617 Mail Service Center
Raleigh,North Carolina 27699-1617
OR
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 procedf re 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 remirn request will be approved,the follow, factors shall be
considered:
(1) whether one or more of the civil penalty assessment factors in NCGS 14313-282.1(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:
Point Source Compliance/Enforcement Unit
Division of Water Resources
1617 Mail Service Center
Raleigh,North Carolina 27699-1617
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 original and one (1)copy of the petition must be filed with the Office
of Administrative Hearings. The petition may be faxed-provided the original and one copy of the
document is received in the Office of Administrative Hearings within five(5)business days
following the faxed transmission. The mailing address for the Office of Administrative Hearings
is:
Office of AC nistrative Hearings '
6714 Mail Service Center
Raleigh,North Carolina 27699-6714
Telephone(919)-733=2698 F-aesimile:(91-9)-733=3478 - -- - - - -
and
Mail or hand-deliver a copy of the petition to
General Counsel
Department of Environment and Natural Resources
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 Janet Cantwell of the Water Quality staff of the
Asheville Regional Office at 828-296-4500.
Sinceky;
G. Landon Davidson,,P.G., Regional Supervisor
Water Quality Regional Operations
Asheville Regional Office
ATTACHMENTS
cc: WQ Regional Supervisor w/attachments
_ NPDES Point Source w/attachments
WQ Central Files w/attachments
RPB Systems/ORC w/attachments
G:\WR\W(\I3unconibe\Wastewater\Minors\Painview Elementary 66788TV-201=4-0023.doc
JUSCICATION FOR REMISSION REQlaT
DWR Case Number: LV-2014-0023 County: Buncombe
Assessed Party: Buncombe County Schools/Fairview Elementary
Permit No.: NC0066788 Amount Assessed: $347.50
Please use this form when requesting remission of this civil penalty. You must also complete the
"Request For Remission Waiver o Right to an Administrative H "q Hearing,f g g, 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 applies. 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. 14313-282.1(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:
STATE OF NORTH CAROLC� DEPARTML_;T OF ENVIRONMENT
AND NATURAL RESOURCES
COUNTY OF BUNCOMBE
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND
STIPULATION OF FACTS
BUNCOMBE COUNTY SCHOOLS / )
FAIRVIEW ELEMENTARY )
PERMIT NO. NCO066788 ) FILE NO._ LV-2014-0023
Having been assessed civil penalties totaling$347.50 for violation(s)as set forth in the
assessment document of the Division of Water Resources dated March 18, 2014,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
ADDRESS
TELEPHONE
ATTACHMENT A
Buncombe County Schools
CASE NUMBER:LV-2014-0023
PERMIT: NCO066788 FACILITY: Fairview Elementary School COUNTY: Buncombe REGION: Asheville
Limit Violations
MONITORING OUTFALLI VIOLATION UNIT OF CALCULATED %OVER
PENALTY REPORT PPI LOCATION PARAMETER DATE FREQUENCY MEASURE LIMIT VALUE LIMIT VIOLATION TYPE
$100.00 11-2013 001 Effluent FEC COLI 11/05/13 Weekly #/100ml 400 1,050 162.50 Daily Maximum Exceeded
$100.00 11-2013 001 Effluent FEC COLI 11/19/13 Weekly #/100ml 400 2,420 505.00 Daily Maximum Exceeded
Permit Enforcement History Details by Owner
03/13/14
1
Owner: Buncombe County Schools
Facility: Fairview Elementary School
Permit: NCO066788
Region: Asheville County: Buncombe
Penalty Remission Enf EMC EMC OAH Collection Has
Assessment Penalty Enforcemen Request Enf Conf Remission Hearing Remission Remission Memo Sent Case Number MR Approved Amount t Costs Damages Received Held Amount Held Amount Amount to AGO Balance Pmt CasePlan
Total Paid Due Closed
LV-2000-0030 01/28/00 $250 $73.11 $323.11 $.00 No 03/07/00
LV-2000-0047 02/25/00 $1,000 $73.11 $1,073.11 $.00 No 03/16/00
LV-2000-0128 04/28/00 $2,000 $73.11 $2.073.11 $.00 No 05/31/00
LV-2002-0309 08/19/02 $250 $105.50 $355.50 $.00 No 09/13/02
LV-2006-0316 3-2006 08/25/06 $350 $126.82 $476.82 $.00 No 09/08/06
LV-2013-0066 12-2012 04/16/13 $200 $137.00 $337.00 $.00 No 05/14/13
LV-2013-0104 2-2013 06/05/13 $200 $137.00 $337.00 $.00 No 08/23/13
LV-2014-0023 11-2013 03/13/14 $200 $147.50 $347.50 No
Total Cases: 8 Total Penalty Amount: $4,450 Total Enforcement Cost: $873.15 Sum of Total Paid: $4,975.65 Total Balance Due: $347.60
Sum of Total Case Penalties: $5,323.15 Total Penalties after remission(s): $5,323.15
DIVISION OF WATER RESOURCES- CIVIL PENALTY ASS oSMENT(FILE)
Violator: Buncombe County Schools/Fairview Elementary/ NCO066788
(November 2013 DiIV1R)
County: Buncombe
Case Number: LV-2014-0023
ASSESSMENT FACTORS
As required by G.S. 143-214.6A(c),in determining the amount of the penalty I considered the factors
set out in 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;
All effluent violations may be detrimental to the receiving stream but may not be
immediately quantified.
2) The duration and gravity of the violation;
Two Daily Max Fecal coliforms exceeded the permit limit by 162.5 % & 505 %.
3) The effect on ground or surface water quantity or quality or on air quality;
All effluent violations may be detrimental to the receiving stream but may not be
immediately quantified.
4) The cost of rectifying the damage;
The cost is unknown.
5) The amount of money saved by noncompliance;
The amount of money saved would include the cost of excess solids removal.
The amount of money saved would include the cost of maintenance and
replacement of equipment (blower motor)vital to the quality of the effluent.
A spare blower motor should be kept on site in case one breaks.
6) Whether the violation was committed willfully or intentionally;
It does not appear to be either.
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 two civil penalty assessments in the twelve months prior to this
violation.
8) The cost to the State of the enforcement procedures.
$147.50.
Date G.Landon Davidson,P.G.,Regional Supervisor
Water Quality Regional Operations
Asheville Regional Office
03/13/2014
•- • •• W Wit"ATTN:CENTRAL FILE
r . • . 11
Division of Water Quality JAN 0 3 2014
/
1617 Mail Service Center .'."ENTRAL FILES
• • • • r
!Raleigh,NC 27699-1617
• •
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Facility Status:(Please check one of the following)
All monitoring data and sampling frequencies meet permit requirements
Compliant
All monitoring data and sampling frequencies do NOT meet permit requirements
Nolompliant
If the facility is noncompliant,please comment on corrective actions being taken in respect to equipment,operation,maintenance,etc.,and
a time table for improvements to be made.
•ps ?411V
��-
"I certify,under penalty of law,that this document and all attachments were prepared under my direction or supervision in accordance with
a system designed to assure that qualified personnel properly gather and evaluate the information submitted.Based on my inquiry of the
person or persons who manage the system,or those persons directly responsible for gathering the information,the information submitted
is,to the best of my knowledge and belief,true,accurate;and complete.I am aware that there are significant penalties for submitting false
information,including the possibility of fines and imprisonment for knowing violations."
Buncombe County Schools
Per ift (PI print or type)
Sign ture of Permittee** Date
_ 175 Bingham Road Asheville,NC 28806 828-232-4244 1701/2016
Permittee Address Phone Number Permit Exp.Date
PARAMETER CODES
00010 Temperature 00556 Oil&Grease 00951 Total Flouride 01067 Nickel 50060 Total
00076 Turbidity_. 00600 Total Nitrogen 01002 Total Arsenic 01077 Silver Residual
00080 Color.(Pt-Co) 00610 Ammonia Nitrogen 01092 Zinc Chlorine .
00082 Color(ADMI) 00625 Total Kjeldhal 01027 Cadium 01105 Aluminum
Nitrogen
00095 Conductivity 00630 Nitrates/Nitrites 01032 Hexavalent Chromiur 01147 Total Selenium 71880 Formaldehyde
00300 Dissolved Oxygen 01034 Chromium 31616 Fecal Coliform 71900 Mercury
00310 BOD5 00665 Total Phosphorous 32730 Total.Phenolics 81651 Xylene
00340 COD. 00720 Cyanide 01037'Total Cobalt 34235 Benzene
00400 pH , 00745 Total Sulfide 01042 Copper 34481 Toluene
00530 Total Susppendec 00927.Total Magnesium 38260 MBAS
Residue 00929 Total Sodium 01045 Iron 39516 PCBs
00545 Settleable Matter 00940 Total Chloride 01051 Lead 50050 Flow
Parameter`Code assistance:may obtained by calling the Water Quality Compliance.Group at(919)733-5083,extension 581 or 534.
The monthly average for fecal coliform is to be reported as a GEOMETRIC mean.Use only units designated in the reporting facility's
permit for reporting data.
*ORC must visit facility and document visitation of facility as required per 15A NCAC 8A.0202(b)(5)(B).
**If signed by other than the permittee,delegation of signatory authority must be on file with the state per 15A NCAC 213.0506(b)(2)(D).
NcaENR
North Carolina Department of Environment and Natural Resources
Division of Water Resources
Water Quality Programs
Pat McCrory Thomas A. Reeder John E. Skvarla, III
Governor Director Secretary
March 18, 2014
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. R. Belvin Hall
Buncombe County Schools
175 Bingham Road
Asheville,North Carolina 28806
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 Permit NCOO66788
Buncombe County Schools
Fairview Elementary School WWTP
Case No. LV-2014-0023
Buncombe County
Dear Mr. Hall:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of$347.50
($200.00 civil penalty+ $147.50 enforcement costs) against Buncombe County Schools.
This assessment is based upon the following facts: a review has been conducted of the discharge
monitoring report(DMR) submitted by Buncombe County Schools for the month of November
2013. This review has shown the subject facility to be in violation of the discharge limitations
and/or monitoring requirements found in NPDES Permit NCO066788. The violations which
occurred in November 2013 are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that Buncombe County Schools violated
the terms, conditions or requirements of NPDES Permit NCO066788 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).
Based upon the above findings of fact and conclusions of law, and in accordance with authority
provided by the Secretary of the Department of Environment and Natural Resources and the
Director of the Division of Water Resources, I, G. Landon Davidson, Division of Water Resources
Regional Supervisor for the Asheville Region, hereby make the following civil penalty assessment
against Buncombe County Schools:
Water Quality Regional Operations—Asheville Regional Office
2090 U.S.Highway 70,Swannanoa,North Carolina 28778
Phone: (828)296-4500 FAX: (828)299-7043
Internet: http://portal.ncdenr.org/web/wq
An Equal Opportunity/Affirmative Action Employer
2 of the 2 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$200.00 NC0066788, by discharging waste water into the waters of the State
_—in violation of the Permit Daily Maximum limit for FEC COLL_
$200.00 TOTAL CIVIL PENALTY
$147.50 Enforcement Costs
$347.50 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. 14313-
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 days of receipt of this notice, you must do one of the following:
1. Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environment and Natural
Resources (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 o£
Point Source Compliance/Enforcement Unit
Division of Water Resources
1617 Mail Service Center
Raleigh,North Carolina 27699-1617
OR
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:
Point Source Compliance/Enforcement Unit
Division of Water Resources
1617 Mail Service Center
Raleigh,North Carolina 27699-1617
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 original and one (1) copy of the petition must be filed with the Office
of Administrative Hearings. The petition may be faxed-provided the original and one copy of the
document is received in the Office of Administrative Hearings within five(5)business days
following the faxed transmission. The mailing address for the Office of Administrative Hearings
is:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh,North Carolina 27699-6714
— - -- - -- Telephone(919)733=2698-Facsimile:-(919)-733-3478
and
Mail or hand-deliver a copy of the petition to
General Counsel
Department of Environment and Natural Resources
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 Janet Cantwell of the Water Quality staff of the
Asheville Regional Office at 828-296-4500.
Sincerely,
G. Landon Davidson, P.G., Regional Supervisor
Water Quality Regional Operations
Asheville Regional Office
ATTACHMENTS
cc: WQ Regional Supervisor w/attachments
NPDES Point Source w/attachments
WQ Central Files w/attachments
RPB Systems/ ORC w/attachments
G:\WR;WO\t3unconibe\Wastewater\Minor;\Fairview Llementary 66788AN-2014-0021doe
JUSTIFICATION FOR REMISSION REQUEST
DWR Case Number: LV-2014-0023 County: Buncombe
Assessed Party: Buncombe County Schools/Fairview Elementary
Permit No.: NC0066788 Amount Assessed: $347.50
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 applies. 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:
STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
COUNTY OF BUNCOMBE
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND
STIPULATION OF FACTS
BUNCOMBE COUNTY SCHOOLS / )
FAIRVIEW ELEMENTARY )
PERMIT NO. NCO066788 ) FILE NO._ LV-2014-0023
Having been assessed civil penalties totaling $347.50 for violation(s) as set forth in the
assessment document of the Division of Water Resources dated March 18, 2014,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
ADDRESS
TELEPHONE
ATTACHMENT A
Buncombe County Schools
CASE NUMBER:LV-2014-0023
PERMIT: NCO066788 FACILITY: Fairview Elementary School COUNTY: Buncombe REGION: Asheville
Limit Violations
MONITORING OUTFALL/ VIOLATION UNIT OF CALCULATED %OVER
PENALTY REPORT PPI LOCATION PARAMETER DATE FREQUENCY MEASURE LIMIT VALUE LIMIT VIOLATION TYPE
$100.00 11-2013 001 Effluent FEC COLI 11/05/13 Weekly #/loom[ 400 1,050 162.50 Daily Maximum Exceeded
$100.00 11-2013 001 Effluent FEC COLI 11/19/13 Weekly #/100ml 400 2,420 505.00 Daily Maximum Exceeded
Permit Enforcement History Details by Owner
03/13/14
1
Owner: Buncombe County Schools
Facility: Fairview Elementary School
Permit: NCO066788
Region: Asheville County: Buncombe
Penalty Remission Enf EMC EMC OAH Collection Has
Assessment Penalty Enforcemen Request Enf Conf, Remission Hearing Remission Remission Memo Sent Balance Pmt Case
Case Number MR Approved Amount t Costs Damages Received Held Amount Held Amount Amount to AGO Total Paid Due Plan Closed
LV-2000-0030 01/28/00 $250 $73.11 $323.11 $.00 No 03/07/00
LV-2000-0047 02/25/00 $1,000 $73.11
$1,073.11 $.00 No 03/16/00
LV-2000-0128 04/28/00 $2,000 $73.11 $2,073.11 $.00 No 05/31/00
LV-2002-0309 08/19/02 $250 $105.50 $355.50 $.00 No 09/13/02
LV-2006-0316 3-2006 08/25/06 $350 $126.82 $476.82 $.00 No 09/08/06
LV-2013-0066 12-2012 04/16/13 $200 $137.00 $337.00 $.00 No 05/14/13
LV-2013-0104 2-2013 06/05/13 $200 $137.00
$337.00 $.00 No 08/23/13
LV-2014-0023 11-2013 03/13/14 $200 $147.50 $347.50 No
Total Cases: 8 Total Penalty Amount: $4,450 Total Enforcement Cost: $873.15 Sum of Total Paid: $4,975.65 Total Balance Due: $347.50
Sum of Total Case Penalties: $5,323.15 Total Penalties after remission(s): $5,323.15
EFFLUENT
NPDES NO: NCO066788 DISCHARGE NO: 001 MONTH: November YEAR: 2013
FACILITY NAME: Buncombe County Schools-Fairview Elem CLASS: II COUNTY: Buncombe
OPERATOR IN RESPONSIBLE CHARGE(ORC): Richard Swilling GRADE: 11 Phone: 828-251-1900
CERTIFIED LABORATORIES(1): Pace Analytical (2)
CHECK BOX IF ORC HAS CHANGED: PERSON(S)COLLECTING SAMPLES: Richard Swilllnlling,, �(�1
MAIL ORIGINAL AND ONE CMY
IVCLJ ��-
ATTN:CENTRAL FILE �J
Division of Water Quality JAN 0 3 201
DENR X
1617 Mail Service Center Tii! r (SIGNATURE OF OPERATOR IN RESPON LE CHARGE) DATE
Raleigh,NC 27699-1617 ENRA1, ILE BY THIS SIGNATURE,I CERTIFY THAT THIS REPORT IS
ACCURATE AND COMPLETE TO THE BEST OF MY KNOWLEDGE
J1 . 2 4 2 n u
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AVERAGE: 0.006 13.0 30 .6.5 3.0 10.5 187
��}3 zAIIAXIMU � �''��0 006��� 15 0 �t�6�'S'� �•3'! $�� �'•#4�� �r1 G'"b ,x242`� � ,�� '��'-�>< ..�� ��� ���, .,� `;��-����: ?'�'�,�� •
MINIMUM: 0.004 10.5 8.3 21 4.9 1.2 7.4 5
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Monthly Limit 0.011 >6<9 28 30145 30146 2001400
r MR- Re se /93) �I'(W r ��
�.l�a�li4
Facility Status:(Please check one of the following)
All monitoring data and sampling frequencies meet permit requirements 0
Compliant
All monitoring data and sampling frequencies do-NOT meet permit requirements
No ompliant
If the facility is noncompliant,please comment on corrective actions being taken in respect to equipment,operation,maintenance,etc.,and
a time table for improvements to be made.
4r �1 d
�-
"I certify,under penalty of law,that this document and all attachments were prepared under my direction or supervision in accordance with
a system designed to assure that qualified personnel properly gather and evaluate the information submitted.Based on my inquiry of the
person or persons who manage the system,or those persons directly responsible for gathering the information,the information submitted
is,to the best of my knowledge and belief,true,accurate,and complete.I am aware that there are significant penalties for submitting false
information,including the possibility of fines and imprisonment for knowing violations."
Buncombe County Schools
Per Witte (PI sp print or type)
i 1-413
Sign ture of Permittee** Date
175 Bingham Road Asheville,NC 28806 828-232-4244 12/31/2015
Permittee Address Phone Number Permit Exp.Date
PARAMETER CODES
00010 Temperature 00556 Oil&Grease 00951 Total Flouride 01067 Nickel 50060 Total
00076 Turbidity .- 00600 Total Nitrogen 01002 Total Arsenic 01677 Silver Residual
00080 Color.(Pt-Co) 00610 Ammonia Nitrogen 01092 Zinc Chlorine
00082 Color(ADMI) 00625 Total Kjeldhal 01027 Cadium 01105 Aluminum
Nitrogen
00095 Conductivity 00630 Nitrates/Nitrites 01032 Hexavalent Chromiur 01147 Total Selenium 71880 Formaldehyde
00300 Dissolved Oxygen 01034 Chromium 31616 Fecal Coliform 71900 Mercury
00310 BOD5 00665 Total Phosphorous 32730 Total Phenolics 81551 Xylene
00340 COD 00720 Cyanide 01037 Total Cobalt 34235 Benzene
00400 pH 00745 Total Sulfide 01042 Copper 34481 Toluene
00530 Total Susppendec. 00927 Total Magnesium 38260 MBAS
Residue 00929 Total Sodium 01045 Iron 39516 PCBs
00545 Settleable Matter 00940 Total Chloride 01051 Lead 50050 Flow
Parameter Code assistance.;may obtained by calling the Water Quality Compliance Group at(919)733-5083,extension 581 or 534.
The monthly average for fecal coliform is to be reported as a GEOMETRIC mean. Use only units designated in the reporting facility's
permit for reporting data.
*ORC must visit facility and document visitation of facility as required per 15A NCAC 8A.0202(b)(5)(B).
**If signed by other than the permittee,delegation of signatory authority must be on file with the state per 15A NCAC 213.0506(b)(2)(D).
DIVISION OF WATER RESOURCES- CIVIL PENALTY ASSESSMENT(FILE)
Violator: Buncombe County Schools/Fairview Elementary/ NCO066788
(November 2013 DMR)
County: Buncombe
Case Number: LV-2014-0023
ASSESSMENT FACTORS
As required by G.S. 143-214.6A(c),in determining the amount of the penalty I considered the factors
set out in 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;
All effluent violations may be detrimental to the receiving stream but may not be
immediately quantified.
2) The duration and gravity of the violation;
Two Daily Max Fecal coliforms exceeded the permit limit by 162.5 %&505 %.
3) The effect on ground or surface water quantity or quality or on air quality;
All effluent violations may be detrimental to the receiving stream but may not be
immediately quantified.
4) The cost of rectifying the damage;
The cost is unknown.
5) The amount of money saved by noncompliance;
The amount of money saved would include the cost of excess solids removal.
The amount of money saved would include the cost of maintenance and
replacement of equipment (blower motor)vital to the quality of the effluent.
A spare blower motor should be kept on site in case one breaks.
6) Whether the violation was committed willfully or intentionally;
It does not appear to be either.
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 two civil penalty assessments in the twelve months prior to this
violation.
8) The cost to the State of the enforcement procedures.
$147.50.
Date G.Landon Davidson,P.G.,Regional Supervisor
Water Quality Regional Operations
Asheville Regional Office
03/13/2014
CCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Resources
Water Quality Programs
Pat McCrory Thomas A.Reeder John E Skvarla,III
Governor Director Secretary
February 6,2014
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 70121010 00021967 7633
Mr. R. Belvin Hall
Buncombe County Schools
175 Bingham Road
Asheville,North Carolina 28806
Subject: Notice of Violation and
Recommendation for Enforcement
Tracking#: NOV-2014-LV-0041
Fairview Elementary School WWTP
NPDES Permit No.NCO066788
Buncombe County
Dear Mr. Hall:
A review of the November 2013 self-monitoring report for the subject facility revealed violations of the
following parameter:
Date Outfall Parameter Reported Value Permit Limit
11/05/2013 001 Fecal coliform 1050#/ 100 ml 400#/ 100 ml
11/19/2013 001 Fecal coliform 2420#/ 100 ml 400#/ 100 ml
A Notice of Violation/Notice of Recommendation for Enforcement(NOV/NRE) is being issued for the
noted violation of North Carolina General Statute (G.S.) 143-215.1 and NPDES Permit No.NC0066788.
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) days after receipt of this Notice. A review of your response will be considered along
with any information provided on the November 2013 Discharge Monitoring Report. 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.
Water Quality Regional Operations-Asheville Regional Office
2090 U.S.Highway 70,Swannanoa,North Carolina 28778
Phone: (828)296-4500 FAX: (828)299-7043
Internet: hftp://podal.ncdenr.org/webAvglws
-,-A-n2qual Opportunity/Affirmative Action Employer
Mr. R. Belvin Hall `
February 6, 2014
Page Two
Remedial actions, if not already implemented, should be to correct any problems. The Division of
Water Resources may pursue enforcement actions for this and any additional violations. 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. You may
contact this office for additional information.
If you have questions concerning this matter, please do not hesitate to contact Janet Cantwell or
me at 828/296-4500.
Sincerely,
G. Landon Davidson,P.G.
Regional Supervisor
Water Quality Regional Operations Section
Asheville Regional Office
cc: WQ Asheville Files
WQ Central Files
WQ Point Source Branch
Cis\W.R.\WQ\Buncombe\Wastewater\Minors\Fairview Elementary 66788WOV-NRE-201.4-LV-0041.doc
F.
CCDENR
North Carolina Department of Environment and Natural Resources
Division.of Water Resources
Water Quality Programs
Pat McCrory Thomas A.Reeder John E Skvarla,III
Governor Director Secretary
February 6, 2014
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7012 1010 0002 1967 7633
Mr. R. Belvin Hall
Buncombe County Schools
175 Bingham Road
Asheville,North Carolina 28806
Subj ect: Notice of Violation and
Recommendation for Enforcement
Tracking#: NOV-2014-LV-0041
Fairview Elementary School WWTP
NPDES Permit No. NCO066788
Buncombe County
Dear Mr. Hall:
A review of the November 2013 self-monitoring report for the subject facility revealed violations of the
following parameter:
Date Outfall Parameter Reported Value Permit Limit
11/05/2013 001 Fecal coliform 1050 #/ 100 ml 400 #/ 100 ml
11/19/2013 001 Fecal coliform 2420#/ 100 ml 400 #/ 100 ml
A Notice of Violation/Notice of Recommendation for Enforcement(NOV/NRE) is being issued for the
noted violation of North Carolina General Statute (G.S.) 143-215.1 and NPDES Permit No.NC0066788.
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) days after receipt of this Notice. A review of your response will be considered along
with any information provided on the November 2013 Discharge Monitoring Report. 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.
Water Quality Regional Operations—Asheville Regional Office
2090 U.S.Highway 70,Swannanoa,North Carolina 28778
Phone: (828)296.4500 FAX: (828)299-7043
Internet: http://portal.ncdenr.org/webtwq/ws
An Equal Opportunity/Affirmative Action Employer
Mr. R. Belvin Hall
February 6, 2014
Page Two
Remedial actions, if not already implemented, should be taken to correct any problems. The Division of
Water Resources may pursue enforcement actions for this and any additional violations. 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. You may
contact this office for additional information.
If you have questions concerning this matter,please do not hesitate to contact Janet Cantwell or
me at 828/296-4500.
Sincerely,
G. Landon Davidson, P.G.
Regional Supervisor
Water Quality Regional Operations Section
Asheville Regional Office
cc: WQ Asheville Files
WQ Central Files
WQ Point Source Branch
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FILE
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Pat McCrory Charles Wakild, P.E. John E. Skvarla, III
Governor Director Secretary
April 16, 2013
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7010 1870 0003 0875 3003
Mr. R. Belvin Hall, Assistant Director, Maintenance
Buncombe County Schools
175 Bingham Road
Asheville,North Carolina 28806
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 Permit NCO066788
Buncombe County Schools
Fairview Elementary School WWTP
Case No. LV-2013-0066
Buncombe County
Dear Mr. Hall:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of$337.00
($200.00 civil penalty+ $137.00 enforcement costs) against Buncombe County Schools.
This assessment is based upon the following facts: a review has been conducted of the discharge
monitoring report (DMR) submitted by Buncombe County Schools for the month of December
2012. This review has shown the subject facility to be in violation of the discharge limitations
and/or monitoring requirements found in NPDES Permit NC0066788. The violations which
occurred in December 2012 are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that Buncombe County Schools violated
the terms, conditions or requirements of NPDES Permit NCO066788 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).
Based upon the above findings of fact and conclusions of law, and in accordance with authority
provided by the Secretary of the Department of Environment and Natural Resources and the
Director of the Division of Water Quality, I, Chuck Cranford, Division of Water Quality Regional
Supervisor for the Asheville Region,hereby make the following civil penalty assessment against
Buncombe County Schools:
ne
NorthCarolina
Naturally
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE
Location:2090 U.S.Highway 70,Swannanoa,NC 28778
Phone: a t 2997043
nternet:www.ncwatergualitv.org
1 1
2 of the 2 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$200.00 NC0066788,by discharging waste water into the waters of the State
in violation of the Permit Daily Maximum limit for FEC COLI.
$200.00 TOTAL CIVIL PENALTY
$137.00 Enforcement Costs
$337.00 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. 14313-
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 days of receipt of this notice,you must do one of the following:
1. Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environment and Natural
Resources (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:
Point Source Compliance/Enforcement Unit
Division of Water Quality
1617 Mail Service Center
Raleigh,North Carolina 27699-1617
OR
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 Quality 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 14313-282.1(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 the Division of Water Quality 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 Quality also requests that
you complete and submit the enclosed"Justification for Remission Request." Both forms should
be submitted to the following address:
Point Source Compliance/Enforcement Unit
Division of Water Quality
1617 Mail Service Center
Raleigh,North Carolina 27699-1617
OR
3. File a petition for an administrative hearing with the Office of Administrative Hearings:
--If-youwish-to-contest-any-statement-in-the-attached-assessment-documentyou-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 original and one (1) copy of the petition must be filed with the Office
of Administrative Hearings. The petition may be faxed-provided the original and one copy of the
document is received in the Office of Administrative Hearings within five(5)business days
following the faxed transmission. The mailing address for the Office of Administrative Hearings
is:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh,North Carolina 27699-6714
Telephone (919) 733-2698 Facsimile: (919) 733-3478
and
Mail or.hand-deliver a copy of the petition to
Mary Penny Thompson, General Counsel
Department of Environment and Natural Resources
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 Janet Cantwell of the Water Quality staff of the
Asheville Regional Office at 828-296-4500.
Sincerely,
Chuck ford,Regions Supervisor
Surface Water Protection Section
Asheville Regional Office
ATTACHMENTS
;s cc: DWQ Regional Supervisor w/attachments
NPDES Point Source w/attachments
DWQ Central Files w/ attachments
RPB Systems/ORC w/attachments
S:\SWII\[3uncombc\l'Vastewviter\Minors\Fairview Elementary 66788M...V-2013-0066.doe
JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: LV-2013-0066 County: Buncombe
Assessed Party: Buncombe County Schools/ Fairview Elementary School WWTP
Permit No: NC0066788 Amount Assessed: $337.00
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 applies. 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;
r (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:
STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
COUNTY OF BUNCOMBE
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND
STIPULATION OF FACTS
BUNCOMBE COUNTY SCHOOLS / )
` FAIRVIEW ELEMENTARY SCHOOL WWTP )
h )
' f
PERMIT NO.NCO066788 ) FILE NO. LV-2013-0066
Having been assessed civil penalties totaling$337.00 for violation(s) as set forth in the
assessment document of the Division of Water Quality dated April 16, 2013,the undersigned, desiring
to seek remission of the civil penalty, does hereby waive the right to an administrative hearing in the
f 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 Quality 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.
i"
This the day of 520
SIGNATURE
ADDRESS
4,
is
i
TELEPHONE
r
i
i
ATTACHMENT A
Buncombe County Schools
CASE NUMBER:LV-2013-0066
PERMIT: NCO066788 FACILITY: Fairview Elementary School COUNTY: Buncombe REGION: Asheville
Limit Violations
MONITORING OUTFALL/ VIOLATION UNIT OF CALCULATED %OVER
PENALTY REPORT PPI LOCATION PARAMETER DATE FREQUENCY MEASURE LIMIT VALUE LIMIT VIOLATION TYPE
$100.00 12-2012 001 Effluent FEC COLI 12/04/12 Weekly #/loom[ 400 613 53.25 Daily Maximum Exceeded
$100.00 12-2012 001 Effluent FEC COLI 12/18/12 Weekly #/loom] 400 1,730 332.50 Daily Maximum Exceeded
DIVISION OF WATER QUALITY- CIVIL PENALTY ASSESSMENT(FILE)
Violator: Buncombe County Schools/ Fairview Elementary School/ NCO066788
(December 2012 1)MR)
County: Buncombe
Case Number: LV-2013-0066
ASSESSMENT FACTORS
As required by G.S. 143-214.6A(c),in determining the amount of the penalty I considered the factors
set out in 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;
All effluent violations may be detrimental to the receiving stream but may not be
immediately quantified.
2) The duration and gravity of the violation;
Two Daily Max Geometric Mean Fecal coliforms exceeded the permit limit
by53.25 % &332.5 %.
3) The effect on ground or surface water quantity or quality or on air quality;
All effluent violations may be detrimental to the receiving stream but may not be
immediately quantified.
4) The cost of rectifying the damage;
The cost is unknown.
5) The amount of money saved by noncompliance;
The amount of money saved would include the cost of excess solids removal and a
regular cleaning program for the chlorine contact basin.
6) Whether the violation was committed willfully or intentionally;
It does not appear to be either.
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 no civil penalty assessments in the twelve months prior to this
violation.
8) The cost to the State of the enforcement procedures.
/$137.00.
Date Chuck r ford,Regi nal Supervisor
Surface—Water Protection Section
Asheville Regional Office
04/15/2013
F�;&
Permit Enforcement History Details by Owner
04/15/13
1
Owner: Buncombe County Schools
Facility: Fairview Elementary School
Permit: NCO066788
Region: Asheville County: Buncombe
Penalty Remission Enf EMC EMC OAH Collection Has
Assessment Penalty Enforcemen Request Enf Conf Remission Hearing Remission Remission Memo Sent Balance Pmt Case
Case Number MR Approved Amount t Costs Damages Received Held Amount Held Amount Amount to AGO Total Paid Due Plan Closed
LV-2000-0030 01/28/00 $250 $73.11 $323.11 $.00 No 03/07/00
LV-2000-0047 02/25/00 $1,000 $73.11 $1,073.11 $.00 No 03/16/00
LV-2000-0128 04/28/00 $2,000 $73.11 $2,073.11 $.00 No 05/31/00
LV-2002-0309 08/19/02 $250 $105.50 $355.50 $.00 No 09/13/02
LV-2006-0316 3-2006 08/25/06 $350 $126.82 $476.82 $.00 No 09/08/06
Total Cases: 5 Total Penalty Amount: $3,850 Total Enforcement Cost: $451.65 Sum of Total Paid: $4,301.65 Total Balance Due: $.00
Sum of Total Case Penalties: $4,301.65 Total Penalties after remission(s): $4,301.65
EFFLUENT
NPDES NO: NCO066788 DISCHARGE NO: 001 MONTH: De06mber YEAR: 2012
FACILITY NAME: Buncombe County Schools-Fairview Elem CLASS: 11 ,' COUOY1. Buncombe
`,OPERATOR IN RESPONSIBLE CHARGE(ORC): Todd Moore GRADE: III Phone`' 828-251-1900;.%��',;�^;f
CERTIFIED LABORATORIES(1): Pace Analytical (2)
CHECK BOX IF ORC HAS CHANGED: PERSON(S)COLLECTING SAMPLES: s" Todd Moore
MAIL ORIGINAL AND ONE COPY TO: r� s" r NO
ATTN:CENTRAL FILE u { :a `Jt( a QS`EJ1,G`
Division of Water Quality l P �•
-- ti
DENR _ ��^^ _ €� X
kk�
1617 Mail Service Center I`'$�O ' 03 (SIGNATY0 OF OPERAT /�(�RF,3PONSIBLE CHARGE) ,�ki'c�"��� DATE
Raleigh,NC 27699-1617 BY THIS SIGNATURE,I .RTIFY THNT THIS REPORT ISS`G� ���
I a , II ACCURATE AND COMPLETE TO THE BEST OF MYl&yf,�W�b'81.
50050 00010 00400 50060 00310 00610 00530 31616 00300 00600 00665 32730 1 00720 1 01042 01082
FLOW tNit
EFF X
ABOVE NAME AND UNITS
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HRS HRS Y/N MGD °C S.U. UGL MG/L MG/L MG/L #100ML MG/L MG/L MG/L MG/L UG/L MG/L MG/L
1
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7
4 1335 0.33 Y 0.008 12.6
7.3 < 10 5.1 < 0.10 4.2J 613.0
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6 1435 0.33 Y
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8
10 1340 0.33 Y
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12 1340 0.42 Y 10
13 , 1355 `=0 33 YZV
14 1310 0.25 Y
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18 1340 0.5 Y 0.009 9.6 7.0 19 < 2.0 0.32 2.5 1730
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20 0820 0.42 Y
21 0900
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24 1 holiday H No School
gs , ,hblid' H No School
26 1235 0.25 Y No flow
27 1430 0 25,. Y No flow
28 1515 0.33 Y No flow
2s `
30 .
31 1425 ;:0 33, Y No flow,
AVERAGE: 0.008 12.1 15 3.3 0.2 3.1 102
LLLL
MAXIMUM 0 009. 141 :1730 .
MINIMUM: 0.008 9.6 7.0 10 2.0 0.1 2.5 1
Comp (C)or;Grab(G) CONTIN: G G (: "G. G -, G G • G "' G C " C GC-
Monthly Limit 0.011 >6<9 28 30/45 1 30145 200/400
DEM For MR- evised 12/93) AjQ� --,
Facility Status:(Please check one of the following)
All monitoring data and sampling frequencies meet permit requirements
- _ Compliant
r ).
All monitoring data and sampling frequencies do NOT meet permit requirements
No co pliant
If the facility is noncompliant,please comment on corrective actions being taken in respect to equipment,operation,maintenance,etc.,and
a time table for improvements to be made.g j
s�f'(d'a5 E'cC G'41•j K( C *�,r,C, ,� t?�Pakn,°nil „f''�edge
"I certify,under penalty of law,that this document and all attachments were prepared under my direction or supervision in accordance with
a system designed to assure that qualified personnel properly gather and evaluate the information submitted.Based on my inquiry of the
person or persons who manage the system,or those persons directly responsible for gathering the information,the information submitted
is,to the best of my knowledge and belief,true,accurate,and complete.I am aware that there are significant penalties for submitting false
information,including the possibility of fines and imprisonment for knowing violations."
Buncombe County Schools
Permitte s rint or type)_ '113
Signature of Permittee** Date
175 Bingham Road Asheville,NC 28806 828-232-4244 12/31/2015
Permittee Address Phone Number Permit Exp.Date
PARAMETER CODES
00010 Temperature 00556 Oil&Grease 00951 Total Flouride 01067 Nickel 50060 Total
00076 Turbidity°' ' 00600 Total Nitrogen 01002 Total Arsenic 01077 Silver Residual
00080 Color(Pt-Co) 00610 Ammonia Nitrogen 01092 Zinc Chlorine
00082 Color'(ADMI) 00625 Total Kjeldhal 01027 Cadium 01105 Aluminum
Nitrogen
00095 Conductivity 00630 Nitrates/Nitrites 01032 Hexavalent Chromiur 01147 Total Selenium 71880 Formaldehyde
00300 Dissolved Oxygen : 01034 Chromium 31616 Fecal Coliform 71900 Mercury
00310 BOD5 00665 Total Phosphorous 32730 Total Phenolics 81551 Xylene
00340 COD 00720 Cyanide 01037 Total Cobalt 34235 Benzene
00400 pH 00745 Total Sulfide 01042 Copper 34481 Toluene
00530 Total Susppendec 00927 Total Magnesium 38260 MBAS
Residue 00929 Total Sodium 01045 Iron 39516 PCBs
00545 Settleable Matter 00940 Total Chloride 01051 Lead 50050 Flow
Parameter Code assistance may obtained by calling the Water Quality Compliance Group at(919)733-5083,extension 581 or 534.
The monthly average for fecal coliform is to be reported as a GEOMETRIC mean. Use only units designated in the reporting facility's
permit for reporting data.
*ORC must visit facility and document visitation of facility as required per 15A NCAC 8A.0202(b)(5)(B).
**If signed by other than the permittee,delegation of signatory authority must be on file with the state per 15A NCAC 26.0506(b)(2)(D).
DIVISION OF WATER QUALITY-CIVIL PENALTY ASSESSMENT(FILE)
Violator: Buncombe County Schools/ Fairview Elementary School/ NCO066788
(December 2012 DMR)
County: Buncombe
Case Number: LV-2013-0066
ASSESSMENT FACTORS
As required by G.S. 143-214.6A(c),in determining the amount of the penalty I considered the factors
set out in 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;
All effluent violations may be detrimental to the receiving stream but may not be
immediately quantified.
2) The duration and gravity of the violation;
Two Daily Max Geometric Mean Fecal coliforms exceeded the permit limit
by 53.25 % &332.5 %.
3) The effect on ground or surface water quantity or quality or on air quality;
All effluent violations may be detrimental to the receiving stream but may not be
immediately quantified.
4) The cost of rectifying the damage;
The cost is unknown.
5) The amount of money saved by noncompliance;
The amount of money saved would include the cost of excess solids removal and a
regular cleaning program for the chlorine contact basin.
6) Whether the violation was committed willfully or intentionally;
It does not appear to be either.
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 no civil penalty assessments in the twelve months prior to this
violation.
8) The cost to the State of the enforcement procedures.
$137.00.
Date Chuck Cranford,Regional Supervisor
Surface Water Protection Section
Asheville Regional Office
04/15/2013
i
4
NcaEWR
North Carolina Department of Environment and Natural Resources
-Division of Water Quality _
Pat McCrory Charles Wakild, P.E. John E. Skvarla, III
Governor Director Secretary
April 16, 2013
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. R. Belvin Hall, Assistant Director, Maintenance
Buncombe County Schools
175 Bingham Road
Asheville,North Carolina 28806
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 Permit NCO066788
Buncombe County Schools
Fairview Elementary School WWTP
Case No. LV-2013-0066
Buncombe County
Dear Mr. Hall:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of$337.00
($200.00 civil penalty+ $137.00 enforcement costs) against Buncombe County Schools.
This assessment is based upon the following facts: a review has been conducted of the discharge
monitoring report (DMR) submitted by Buncombe County Schools for the month of December
2012. This review has shown the subject facility to be in violation of the discharge limitations
and/or monitoring requirements found in NPDES Permit NC0066788. The violations which
occurred in December 2012 are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that Buncombe County Schools violated
the terms, conditions or requirements of NPDES Permit NCO066788 and G.S. 143-215.l(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).
Based upon the above findings of fact and conclusions of law, and in accordance with authority
provided by the Secretary of the Department of Environment and Natural Resources and the
Director of the Division of Water Quality, I, Chuck Cranford, Division of Water Quality Regional
Supervisor for the Asheville Region, hereby make the following civil penalty assessment against
Buncombe County Schools:
None Carolina
turallry
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE
Location:2090 U.S.Highway 70,Swannanoa, NC 28778
Phone:(828)296-4500\FAX:828 2997043
Internet:www.ncwaterauality.org
2 of the 2 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$200.00 NC0066788, by discharging waste water into the waters of the State
in violation of the Permit Daily Maximum limit for FEC COLI.
$200.00 TOTAL CIVIL PENALTY
$137.00 Enforcement Costs
$337.00 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. 14313-
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 days of receipt of this notice, you must do one of the following:
1. Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environment and Natural
Resources (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:
Point Source Compliance/Enforcement Unit
Division of Water Quality
1617 Mail Service Center
Raleigh,North Carolina 27699-1617
OR
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 Quality 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 143 B-282.1(b)
was wrongfully applied to the detriment of the petitioner;
- -- (2) --whether-the-vinlatoxpromptly_-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 the Division of Water Quality 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 Quality also requests that
you complete and submit the enclosed"Justification for Remission Request." Both forms should
be submitted to the following address:
Point Source Compliance/Enforcement Unit
Division of Water Quality
1617 Mail Service Center
Raleigh,North Carolina 27699-1617
OR
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 original and one (1) copy of the petition must be filed with the Office
of Administrative Hearings. The petition may be faxed-provided the original and one copy of the
document is received in the Office of Administrative Hearings within five (5) business days
following the faxed transmission. The mailing address for the Office of Administrative Hearings
is:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh,North Carolina 27699-6714
Telephone (919) 733-2698 Facsimile: (919) 733-3478
and
Mail or hand-deliver a copy of the petition to
Mary Penny Thompson, General Counsel
Department of Environment and Natural Resources
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 Janet Cantwell of the Water Quality staff of the
Asheville Regional Office at 828-296-4500.
Sincerely,
Chuck Cranford, Regional Supervisor
Surface Water Protection Section
Asheville Regional Office
ATTACHMENTS
cc: DWQ Regional Supervisor w/attachments
NPDES Point Source w/attachments
DWQ Central Files w/attachments
RPB Systems/ORC w/attachments
S:\Ski I\[3uncombe\WasteNvater\Minors\Fairview Elementary 66788TV 2013-0066.doe
JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: LV-2013-0066 County: Buncombe
Assessed Party: Buncombe County Schools/ Fairview Elementary School WWTP
Permit No: NC0066788 Amount Assessed: $337.00
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. § 14313-282.1(c),remission of a civil penalty may be granted only when one or
more of the following five factors applies. 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:
STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
COUNTY OF BUNCOMBE
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND
STIPULATION OF FACTS
BUNCOMBE COUNTY SCHOOLS / )
FAIRVIEW ELEMENTARY SCHOOL WWTP )
PERMIT NO.NCO066788 ) FILE NO. LV-2013-0066
Having been assessed civil penalties totaling $337.00 for violation(s) as set forth in the
assessment document of the Division of Water Quality dated April 16, 2013, 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 Quality 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
ADDRESS
TELEPHONE
ATTACHMENT A
Buncombe County Schools
CASE NUMBER:LV-2013-0066
PERMIT: NCO066788 FACILITY: Fairview Elementary School COUNTY: Buncombe REGION: Asheville
Limit Violations
MONITORING OUTFALL/ VIOLATION UNIT OF CALCULATED %OVER
PENALTY REPORT PPI LOCATION PARAMETER DATE FREQUENCY MEASURE LIMIT VALUE LIMIT VIOLATION TYPE
$100.00 12-2012 001 Effluent FEC COLI 12/04/12 Weekly #/100ml 400 613 53.25 Daily Maximum Exceeded
$100.00 12-2012 001 Effluent FEC COLI 12/18/12 Weekly #/100ml 400 1,730 332.50 Daily Maximum Exceeded
EFFLUENT
NPDES NO: NCO066788 DISCHARGE NO: 001 MONTH: De.Cilimber YEAR: 2012
FACILITY NAME: Buncombe County Schools-Fairview Elem CLASS: II ,,••°' COUN : Buncombe
OPERATOR IN RESPONSIBLE CHARGE(ORC): Todd Moore GRADE: III .,! ';"- Phone:\` 828-261-1900
CERTIFIED LABORATORIES(1): Pace Analytical (2)
*'
CHECK BOX IF ORC HAS CHANGED: � PERSON(S)COLLECTING SAMPLES: Tod21,Moore�'`�'��y'
�3
MAIL ORIGINAL AND ONE COPY TO: 1 _ v
ATTN:CENTRAL FILE
Division of Water Quality
1617 Mail Service Center " (SIGNATY06OF OPERAT R SPONSIBLE CHARGE) ,a ��o i` DATE
• y o
Raleigh,NC 27699-1 6 1 7 q BY THIS SIGNATURE,I � TIFY T�T THIS REPORT `F
IL '9 ACCURATE AND COMPLETE TO THE BEST OF MY'AN6V� �CE`.
50050 00010 00400 50060 00310 00610 00530 31616 00300 00600 00665 32730 00720 01042 01082
EFF X C y ABOVE NAME AND UNITS
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4 1335 0.33 Y 0.008 12.6 7.3 < 10 5.1 < 0.10 4.2 613.0
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25 holida .` H No School,
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AVERAGE: 0.008 12.1 15 3.3 0.2 3.1 102
-MAXIMUM 0 0097 r 22; 51 2 1730 ;
MINIMUM: 0.008 9.6 7.0 10 2.0 0.1 2.5 1
Coinp. CONTIN.
Cr
�Fo r.MR� Monthly Limit 0.011 >6<9 28 30/45 30/45 200/400
DE�I evised 12/93)
Facility Status:(Please check one of the following)
All monitoring data and sampling frequencies meet permit requirements
_. Compliant
' f
All monitoring data and sampling frequencies do NOT meet permit requirements
No co pliant
If the facility is noncompliant,please comment on corrective actions being taken in respect to equipment,operation,maintenance,etc.,and
a time table for improvements to be made.
A 4011-1' 0�f,1 n, 1,, wf°�d'd�il�� a (t�dr2 '� �t<`,�ja ` P�xl� (yj-*4L
"I certify,under penalty of law,that this document and all attachments were prepared under my direction or supervision in accordance with
a system designed to assure that qualified personnel properly gather and evaluate the information submitted.Based on my inquiry of the
person or persons who manage the system,or those persons directly responsible for gathering the information,the information submitted
is,to the best of my knowledge and belief,true,accurate,and complete.I am aware that there are significant penalties for submitting false
information,including the possibility of fines and imprisonment for knowing violations."
Buncombe County Schools
Permitte (P a se rint or type)
!kih3
Signature of Permittee** Date
_ 175 Bingham Road Asheville,NC 28806 828-232-4244 12/31/2015
Permittee Address Phone Number Permit Exp. Date
PARAMETER CODES
00010 Temperature. . .00556 Oil&Grease 00951 Total Flouride 01067 Nickel 50060 Total
00076 Turbidity 00600 Total Nitrogen 01002 Total Arsenic 01077 Silver Residual
00080 Color(Pt-Co) 00610 Ammonia Nitrogen 01092 Zinc Chlorine
00082 Color(ADMI) 00625 Total Kjeldhal 01027 Cadium 01105 Aluminum
Nitrogen
00095 Conductivity 00630 Nitrates/Nitrites 01032 Hexavalent Chromiur 01147 Total Selenium 71880 Formaldehyde
00300 Dissolved Oxygen . 01034 Chromium 31616 Fecal Coliform 71900 Mercury
00310 BOD5 00665 Total Phosphorous 32730 Total Phenolics 81551 Xylene
00340 COD 00720 Cyanide 01037 Total Cobalt 34235 Benzene
00400 pH 00745 Total Sulfide 01042 Copper 34481 Toluene
_ 00530 Total Susppendec 00927 Total Magnesium 38260 MBAS
Residue 00929 Total Sodium 01045 Iron 39516 PCBs
00545 Settleable Matter 00940 Total Chloride 01051 Lead 50050 Flow
Parameter Code assistance may obtained by calling the Water Quality Compliance Group at(919)733-5083,extension 581 or 534.
The monthly average for fecal coliform is to be reported as a GEOMETRIC mean. Use only units designated in the reporting facility's
permit for reporting data.
*ORC must visit facility and document visitation of facility as required per 15A NCAC 8A.0202(b)(5)(B).
**If signed by other than the permittee,delegation of signatory authority must be on file with the state per 15A NCAC 213.0506(b)(2)(D).
Permit Enforcement History Details by Owner
04/15/13
1
Owner: Buncombe County Schools
Facility: Fairview Elementary School
Permit: NCO066788
Region: Asheville County: Buncombe
Penalty Remission Enf EMC EMC OAH Collection Has
Assessment Penalty Enforcemen Request Enf Conf Remission Hearing Remission Remission Memo Sent Balance Pmt Case
Case Number MR Approved Amount t Costs Damages Received Held Amount Held Amount Amount to AGO Total Paid Due Plan Closed
LV-2000-0030 01/28/00 $250 $73.11 $323.11 $.00 No 03/07/00
LV-2000-0047 02/25/00 $1,000 $73.11 $1,073.11 $.00 No 03/16/00
LV-2000-0128 04/28/00 $2,000 $73.11 $2,073.11 $.00 No 05/31/00
LV-2002-0309 08/19/02 $250 $105.50 $355.50 $.00 No 09/13/02
LV-2006-0316 3-2006 08/25/06 $350 $126.82 $476.82 $.00 No 09/08/06
Total Cases:5 Total Penalty Amount: $3,850 Total Enforcement Cost: $451.65 Sum of Total Paid: $4,301.65 Total Balance Due: $.00
Sum of Total Case Penalties: $4,301.65 Total Penalties after remission(s): $4,301.65
KNEW FILE
North Carolina Department of Environment and Natural Resources
Division.of Water Quality
Pat McCrory Charles Wakild,P.E. John E. Skvarla,III
Governor Director Secretary
March 22,2013
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7010 1870 0003 0875 2766
Mr. R. Belvin Hall,Assistant Director,Maintenance
Buncombe County Schools
175 Bingham Road
Asheville,North Carolina 28806
Subject: Notice of Violation and
Recommendation for Enforcement
Tracking#: NOV-2013-LV-0175
Fairview Elementary School WWTP
NPDES Permit No.NCO066788
Buncombe County
Dear Mr. Hall:
A review of the December 2012 self-monitoring report for the subject facility revealed violations of the
following parameter:
Date Outfall Parameter Reported Value Permit Limit
12/04/2012 001 Fecal coliform 613 #/ 100 ml 400#/ 100 ml
12/18/2012 001 Fecal coliform 1730 #/ 100 ml 400#/ 100 ml
A Notice of Violation/Notice of Recommendation for Enforcement (NOV/NRE)is being issued for the
noted violation of North Carolina General Statute (G.S.) 143-215.1 and NPDES Permit No.NC0066788.
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) days after receipt of this Notice. A review of your response will be considered along
with any information provided on the December 2012 Discharge Monitoring Report. 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.
SURFACE.WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE
Location:2090 U.S.Highway 70,Swannanoa,North Carolina 28778 One
Phone:828-296-4500\Fax:828-299-7043 NOrtIICarO/h/na
Internet:http://portal.ncdenr.oEg/web/w� �a�ruralt,
��n Equal Opportunity\Affirmative Action Employer—50%Recycicd/10%Post Colisunier paper
Mr.'R. Belvin Hall
March 22, 2013
Page Two
Remedial actions,if not already implemented, should be taken to correct any problems. The Division of
Water Quality may pursue enforcement actions for this and any additional violations. 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. You may
contact this office for additional information.
If you have questions concerning this matter,please do not hesitate to contact Janet Cantwell or
me at 828/296-4500.
Sincerely, J
Chuck Cranford, Regionaf Supervisor
Surface Water Protection Section
Asheville Regional Office
cc: DWQ Asheville Files
DWQ Central Files
DWQ Point Source Branch
S:\SWP\E3uncomhe\Wastewater\Nlinors\Fain,iciA,Elementary 66768NOV-NR.i?013-LV-0175.doe
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Pat McCrory Charles Wakild,P.E. John E. Skvarla,III
Governor Director Secretary
March 22,2013
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7010 1870 0003 0875 2766
Mr. R. Belvin Hall,Assistant Director, Maintenance
Buncombe County Schools
175 Bingham Road
Asheville,North Carolina 28806
Subject: Notice of Violation and
Recommendation for Enforcement
Tracking#: NOV-2013-LV-0175
Fairview Elementary School WWTP
NPDES Permit No. NCO066788
Buncombe County
Dear Mr. Hall:
A review of the December 2012 self-monitoring report for the subject facility revealed violations of the
following parameter:
Date Outfall Parameter Reported Value Permit Limit
12/04/2012 001 Fecal coliform 613 #/ 100 ml 400#/ 100 ml
12/18/2012 001 Fecal coliform 1730 #/ 100 ml 400 #/ 100 ml
A Notice of Violation/Notice of Recommendation for Enforcement(NOV/NRE) is being issued for the
noted violation of North Carolina General Statute (G.S.) 143-215.1 and NPDES Permit No.NC0066788.
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) days after receipt of this Notice. A review of your response will be considered along
with any information provided on the December 2012 Discharge Monitoring Report. 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.
SURFACE WATER PROTECTION SECTION—ASIIEVIL,LE REGIONAL OFFICE
Location:2090 U.S.Highway 70,Swannanoa.North Carolina 28778 ''One-
Phone:828-296-4500\Pax:828-299-7043 No thCarolina
Internet:http:Hportal.nodenr.o(g/web/wa
Vol ally
An Equal Opportunity\Affirmative Action Employer—50%Recycled/10%Post Consumer paper
Mr. R. Belvin Hall
March 22, 2013
Page-T-wo - ------ ---- -
Remedial actions, if not already implemented, should be taken to correct any problems. The Division of
Water Quality may pursue enforcement actions for this and any additional violations. 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. You may
contact this office for additional information.
If you have questions concerning this matter, please do not hesitate to contact Janet Cantwell or
me at 828/296-4500.
Sincerely,
Chuck Cranford, Regional Supervisor
Surface Water Protection Section
Asheville Regional Office
cc: DWQ Asheville Files
DWQ Central Files
DWQ Point Source Branch
S:\SWP\BLiticoiiibe\WastewaterCNtinors\Fairview Elernentaty 66788\N0V-NR1.--2013-CV-0175.doc
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Page 17 of 18
all IUPs. Permitted 1UP loadings for each parameter cannot exceed the treatment capacity of the POTW as
determined by the HWA. [15A NCAC 2H.0909, .0916, and .0917, 40 CFR 403.5, 403.8 to (1) fill); NCGS 143-
215.67(a)]
6. Authorization to Construct(AtO
The Permittee shall ensure that an Authorization to Construct permit (AtC) is issued to all applicable
industrial users for the construction or modification of any pretreatment facility. Prior to the issuance of an
AtC, the proposed pretreatment facility and treatment process must be evaluated for its capacity to comply
with all Industrial User Pretreatment Permit (IUP) limitations. [15A NCAC 2110906 (b) (6) and .0905; NCGS
143-215.1 (a)(8)]
7. POTW Inspection&Monitoring of their IUs
The Permittee shall conduct inspection, surveillance, and monitoring activities as described in its Division
approved pretreatment program in order to determine, independent of information supplied by industrial
users, compliance with applicable pretreatment standards. [15A NCAC 2H .0908(d); 40 CFR 403.8(f)(2)(v)]
The Permittee must:
a. Inspect all Significant Industrial Users(SIUs)at least once per calendar year;and
b. Sample all Significant Industrial Users (SIUs) at least twice per calendar year for all permit-limited
pollutants,once during the period from January 1 through June 30 and once during the period from July 1
through December 31, except for organic compounds which shall be sampled at least once per calendar
year; For the purposes of this paragraph, "organic compounds' means the types of compounds listed in
40 CFR 136.3(a),Tables IC,ID,and IF,as amended.
8. IU Self Monitoring and Reporting
The Permittee shall require all industrial users to comply with the applicable monitoring and reporting
requirements outlined in the Division-approved pretreatment program,the industry's pretreatment permit, or
in 15A NCAC 2H .0908. [15A NCAC 2H .0906(b)(4) and .0905; 40 CFR 403.8(0(1)(v) and (2)(iii); 40 CFR
122.44(j)(2) and 40 CFR 403.12]
9. Enforcement Response Plan(ERP)
The Permittee shall enforce and obtain appropriate remedies for violations of all pretreatment standards
promulgated pursuant to section 307(b) and (c) of the Clean Water Act (40 CFR 405 et. seq.), prohibitive
discharge standards as set forth in 40 CFR 403.5 and 15A NCAC 2H .0909, and specific local limitations. All
remedies, enforcement actions and other, shall be consistent with the Enforcement Response Plan (ERP)
approved by the Division. [15A NCAC 2H.0906(b)(7)and.0905; 40 CFR 403.8(f)(5)]
10. Pretreatment Annual Reports(PAR)
The Permittee shall report to the Division in accordance with 15A NCAC 2H .0908. In lieu of submitting
annual reports,Modified Pretreatment Programs developed under 15A NCAC 2H.0904(b)may be required to
submit a partial annual report or to meet with Division personnel periodically to discuss enforcement of
pretreatment requirements and other pretreatment implementation issues.
For all other active pretreatment programs, the Permittee shall submit two copies of a Pretreatment Annual
Report (PAR) describing its pretreatment activities over the previous twelve months to the Division at the
following address:
NC DENR/ Division of Water Quality / Surface Water Protection Section
Pretreatment,Emergency Response,and Collection Systems(PERCS)Unit
1617 Mail Service Center
Raleigh,North Carolina 27699-1617
These reports shall be submitted according to a schedule established by the Director and shall contain the
following:
I
a.) Narrative
A brief discussion of reasons for;status of,and actions taken for all Significant Industrial Users (SIUs)in
Significant Non-Compliance(SNC);
Version 1012912010
r"DHS Permit Standard Conditions
Page 18 of 18
b.)_Pretreatment Program Summary(PPS)
A pretreatment program summary (PPS)on specific forms approved by the Division;
c.) Significant Non-Compliance Report(SNCR)
The nature of the violations and the actions taken or proposed to correct the violations on specific forms
approved by the Division;
d.) Industrial Data Summary Forms(IDSF)
Monitoring data from samples collected by both the POTW and the Significant Industrial User (SIU) in
SNC.These analytical results must be reported on Industrial Data Summary Forms(IDSF)or other specific
format approved by the Division;
e.) Other Information
Copies of the POTW's allocation table,new or modified enforcement compliance schedules, public notice
of SIUs in SNC,and any other information,upon request,which in the opinion of the Director is needed to.
determine compliance with the pretreatment implementation requirements of this permit;
11. Public Notice
The Permittee shall publish annually a list of Significant Industrial Users (SIUs) that were in Significant Non-
Compliance (SNC) as defined in the Permittee's Division-approved Sewer Use Ordinance with applicable
pretreatment requirements and standards during the previous twelve month period. This list shall be
published within four months of the applicable twelve-month period. [15A NCAC 2H.0903(b)(35),.0908(b)(5)
and.0905 and 40 CFR 403.8(f)(2)(viii)]
12. Record Keeping
The Permittee shall retain for a minimum of three years records of monitoring activities and results, along
with support information including general records,water quality records,and records of industrial impact on
the POTW. [15A NCAC 2H.0908(f); 40 CFR 403.12(o)]
13. Funding and Financial Report
The Permittee shall maintain adequate funding and staffing levels to accomplish the objectives of its approved
pretreatment program. [15A NCAC 2H.0906(a)and .0905;40 CFR 403.8(f)(3),403.9(b)(3)]
14. Modification to Pretreatment Programs
Modifications to the approved pretreatment program including but not limited to local limits modifications,
POTW monitoring of their Significant Industrial Users (SIUs), and Monitoring Plan modifications, shall be
considered a permit modification and shall be governed by 40 CFR403.18,15 NCAC 2H.0114 and 15A NCAC
2H.0907.
Version 1012912010
�pF WATp�p � � '�^�� Michael F.Easley,Governor
�r�lT'' Stale of North Carolina
G WIIIIam G.Ross,Jc,Secretary
fq � Department of Environment antl Naluml Resources
� Divislo ek,P.E.,Director Alan W.Kli
'i n of Water Quality
November 14,2005
Mr.H.Belvin Hall �I
Buncombe County Board of Education -
167 Craven Street
Asheville,North Carolina 28806
Subject: NPDES PERMIT ISSUANCE
Permit Number NCO066788
Fairview Elementary School
Buncombe County
Dear Mr.Hall:
Division personnel have reviewed and approved your application for renewal of the subject
permit. Accordingly,we are forwarding the attached final NPDES discharge permit. This permit is
issued pursuant to the requirements of North Carolina General Statute 143-215.1 and the
Memorandum of Agreement between North Carolina and the U.S. Environmental Protection
Agency dated May 9, 1994(or as subsequently amended).
If any parts,measurement frequencies or sampling requirements contained in this permit are
unacceptable to you, you have the right to an adjudicatory hearing upon written request within
thirty (30) days following receipt of this letter. This request must be in the form of a written
petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the
Office of Administrative Hearings (6714 Mail Service Center, Raleigh, North Carolina 27699-
6714).Unless such demand is made,this permit shall be final and binding.
Please take notice that this permit is not transferable. This permit does not affect the legal
requirements to obtain other permits which may be required by the Division of Water Quality or
permits required by the Division of Land Resources, Coastal Area Management Act, or any other
Federal or Local governmental permits which may be required.
If you have any questions or need additional information, please do not hesitate to contact
Maureen Crawford of my staff at(919)733-5083,extension 538.
Sincerely,
..ate/ cw
Alan W.Klimek,
Director,Division of Water Quality
cc: Central Files
NPDES Unit Files
Asheville Regional Office
1617 MAIL SERVICE CENTER,RALEIGH,NORTH CAROLINA 27699-1617-TELEPHONE 919-7335083/FAX 919-733-0719
VISIT US ON THE WEB AT http://h2o.enr.state.nc.us/NPDES
1
Permit NCO066788 d'
_.-----— ------- ---- --
STATE OF NORTH CAROLEQA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
PERMIT
TO DISCHARGE WASTEWATER UNDER THE
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
In compliance with the provisions of North Carolina General Statute 143-215.1, other lawful standards
and regulations promulgated and adopted by the North Carolina Environmental Management
Commission, and the Federal Water Pollution Control Act,as amended,
i
Buncombe County Schools
d
is hereby authorized to discharge wastewater from a facility located at the
Fairview Elementary School WWTP
1355 Charlotte Highway
U.S. Highway 74 @ NCSR 2800
northwest of Fairview
Buncombe County
to receiving waters designated as Cane Creek in the French Broad River Basin in accordance with
effluent limitations,monitoring requirements, and other conditions set forth in Parts I,II,]II and IV
hereof.
This permit shall become effective January 1, 2006.
This permit and authorization to discharge shall expire at midnight on December 31,2010.
Signed this day November 14, 2005.
kD(--. Alan W.W.K1��.,Di6ccttorDi6ctorr
Division of Water Quality
By Authority of the Environmental Management Commission
u ha
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. ni Ce •reek a 'll o
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Buncombe County Schools Facility AA
Fairview Elementary School Location
----
Count : Cane
Sub-BaStrumsin:
Clan: C-Tvu040302t
Receiving Stream: Cene Creek Sub-Baein: 040302
Latitude: 35°31'30" G6WOuad: E95W
Lan_gib-1w 82-24'00" NORTH NPDES Permit No.NC0066788
Permit NCO066788
A. (1.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS—FINAL
During the period beginning January 1, 2006 and lasting until expiration, the Permittee is authorized to
discharge from outfall 001. Such discharges shall be limited and monitored by the Permittee as
specified below:
�r
d
Eawill'
i + .#*; M s,: �a �$aYnP �e oFi
d, �„ AAA k . .,
Flow 0.011 MGD Weekly Instantaneous Influent or Effluent
BOD,5-day 20"C 30.0 45.0 Weekly Grab Effluent
Total Suspended Residue 30.0 45.0 Weekly Grab Effluent
NHs as N 2/Montb Grab Effluent
Fecal Cofifomt(geometric 200/100 nil 400/ 100 ml Weekly Grab Effluent
mean
Total Residual Chlorine 28 pg/L2/Wee Gr k ab Effluent
Tem erature °C Weekl Grab Effluent
Ht Weekly Grab Effluent
Footnotes:
1. The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units.
THERE SHALL BE NO DISCHARGE OF FLOATING SOLIDS OR VISIBLE FOAM IN OTHER THAN TRACE AMOUNTS.
i
r Permit NC0066788
f SUPPLEMENT TO PERMIT COVER SHEET
All previous NPDES Permits issued to this facility, whether for operation or discharge are hereby
revoked, and as of this issuance, any previously issued permit bearing this number is no longer
effective. Therefore, the exclusive authority to operate and discharge from this facility arises under the
permit conditions,requirements,terms, and provisions included herein.
Buncombe County Schools is hereby authorized to:
1. Continue to operate an existing 0.011 MGD wastewater treatment facility with the following
components:
♦ Equalization basin
♦ Influent pumps
♦ Extended aeration package treatment system
♦ Chlorination and dechlorination equipment
♦ Flow recorder
♦ Aerated sludge holding tank
This facility is located at the Fairview Elementary School W WTP on U.S.Highway 74 @ NCSR
2800 northwest of Fairview in Buncombe County.
2. Discharge from said treatment works at the location specified on the attached map into Cane Creek,
classified C-Trout waters in the French Broad River Basin.
1
:W
NC®ENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor _ Director Secretary
June 10, 2010
R BELVIN HALL
ASSISTANT DIRECTOR-MAINTENANCE _
BUNCOMBE COUNTY PUBLIC SCHOOLS
175 BINGHAM ROAD
ASHEVILLE NC 28806
Subject: Receipt of permit renewal application
NPDES Permit NCO066788
Fairview Elementary School
Buncombe County
Dear Mr. Hall:
The NPDES Unit received your permit renewal application on May 21,2010. A member of the NPDES
Unit will review your application. They will contact you if additional information is required to complete your
permit renewal. You should expect to receive a draft permit approximately 30-45 days before your existing permit
expires.
If you have any additional questions concerning renewal of the subject permit,please contact Maureen
Scardina at (919) 807-6388.
Sincerely, 00 nn
�.6�tcn,Ieea.•
'. Dina Sprinkle
Point Source B�Ya•Itel?u A ..u. x a...,. „u»wu <ww'"Yr.
f
i
cc: CENTRAL FILES �r L
Asheville Regional Office/Surface Water Protection 1 • � D p
NPDES Unit JUN 1 4 2010
1rt WATEFI SECTION
ASHEVILLE REGIONAL OFFICE
i
i
M.: _..,..___ ........�e�
1617 Mall Service Center,uI Ra.Rae North rhrelln RT27 0
Location:5lZNfSalisbrTry SL-Rale`gh;NStlISCxlallfiaf2766A Oae _
Phone:019Z07-63001 FAX:919-807-64921 Customer service.1-677-623-6748 NorthCarolina
Arealet'.Oppr wareryuellite Action
'� atkr�Jy
M Equal Opporluniryl AXlrma6Va Ao0on Employes (/ V
R BUNCOMBE COUNTYPUBLIC
SCHOOLS
MAINTENANCE DEPARTMENT
O,p 175 Bing Rd. ASHEVILLE,NC 28806
c w . TELEPHONE (828) 232-4244
FAX (828) 232-4249
May 18,2010
Mrs.Dina Sprinkle
NCDEBNR/Water Quality/NPDES Unit
1617 Mail Service Center
Raleigh,NC 27699-1617
RE: NPDES Permit Applications -
Buncombe County Schools
Please.find enclosed applications for permit renewals concerning Buncombe County Board of
Education W WTP's. The BOB would formally like to request renewal of the following permits:
North Buncombe High School- : .NCO061182
North Buncombe Elementary School NCO073814
Cai view Elementary NCO066796
Leicester Elementary NCO066788
Cane Creek Middle School NCO086436
Also enclosed is the sludge handling procedures as specified by our contractor operator,RPB
Systems. Please contact me at the above numbers if you have questions or concerns.
Respectfully, : .
R Belvin Hall-Assistant Director
Maintenance
e
Cc: Mr.Gregg Fox
Mr.ClarkWyan Ali JUN 1 2010
Mr.Bob Bar-RPB Systems
File : WPiEHC AI1Y SLCMON
^111n or rr _
APDES APPLICATION - FORM D
For privately owned treatment systems treating 100% domestic wastewaters <1.0 MOD
Mail the complete application to:
N. C. DENR/Division of Water Quality / NPDES Unit
1617 Mail Service Center, Raleigh, NC 27699.1617
NPDES Permit C0066788
If you are completing this fomt in computer use the TAB key or the up- down arrows to move from one
field to the next. To check the boxes, click your mouse on top of the box. Otherwise,please print or type.
1. Contact Information:
Owner Name Buncombe County Board of Education -
Facility Name Fairview Elementary School
Mailing Address 175 Bingham Road
City Asheville
State / Zip Code NC 28806
Telephone Number (828)232-4244
Fax Number (828)232-4249
e-mail Address
2. Location of facility producing discharge:
Check here if same address as above ❑ - - ���._
Street Address or State Road 1355 Charlotte Highway D IIIICCIIIfaJIJIJI1CCC
City Fairview
State / Zip Code NC 28730
County Buncombe POINT SOURCE BRANCH
3. Operator Information:
Name of the firm, public organization or other entity that operates the facility.(Note that this is not
referring to the Operator in Responsible Charge or ORC)
Name Buncombe County Board of Education
Mailing Address 175 Bingham Road
City Asheville
State / Zip Code NC 28806
Telephone Number (828)232-4244
Fax Number (828)232-4249
1 of 3 Form-D 05108
(i PDES APPLICATION - FORM D
For privately owned treatment systems treating 100% domestic wastewaters <1.0 MGD
4. Description of wastewater:
Facility Generatine Wastewater(check all that apply/:
Industrial ❑ Number of Employees
Commercial ❑ Number of Employees
Residential ❑ Number of Homes
School X Number of Students/Staff 743
Other ❑ Explain:
Describe the source(s) of wastewater (example: subdivision, mobile home park, shopping centers,
restaurants, etc.):. - - -
Educational Facility
Population served: 743
S. Type of collection system
X Separate (sanitary sewer only) ❑ Combined (storm sewer and sanitary sewer)
6. Outfall Information:
Number of separate discharge points 1
Outfall Identification number(s) 001
Is the outfan equipped with a diffuser? ❑ Yes X No
7. 'Name of receiving stream(:) (Provide a map showing the exact location of each outfallk
Cane Creek
S. Frequency of Discharge: X Continuous ❑ Intermittent
If intermittent: -
Days per week discharge occurs: Duration:
9. Describe the treatment system
List all installed components, including capacities,provide design removal for BOD, TSS, nitrogen and
phosphorus. If the space provided is not sufficient, attach the description of the treatment system in a
separate:sheet of paper. .
Fairview Elementary School wastewater treatment system is a Class Il 0.011 MGD
extended aeration package treatment plant with: influent pumps, equalization basin,
aerated sludge holding tank, chlorination and dechlorination equipment, flow meter and
standby generator. -
2 of 3 Form-D 05108
ivPDE6 APPLICATION - FORM D
For privately owned.treatment systems treating 100% domestic wastewaters <3.0.MGD
10. Flow Information:
Treatment Plant Design flow 0.011 MOD
Annual Average.daily flow 0.010 MGD (for the previous 3 years)
Maximum daily flow 0.011 MOD (for the previous 3 years)
11. Is this facility located on Indian country?
❑ Yes X No
12. .Efnuent Data
Provide data for the parameters listed.Fecal Coliform, Temperature and pH shall be grab samples,for all other
parameters 24-hour composite sampling shall be used.If more than one analysis is reported, report daily maximum
and monthly average.If only one analysis is reported, report as daily maximum.
Parameter Daily Monthly Units of
Maximum Average Measurement
Biochemical Oxygen Demand (BOD5) 17.4 10.2 mg/l
Fecal Coliform 99.3 6.4 col/100 ml
Total Suspended Solids 16.3 10.3 mg/l
Temperature 19.4 17.2 o C
pH 6.9 6.7 standard units
13. List all permits, construction approvals and/or applications:
Type Permit Number Type Permit Number
Hazardous Waste(RCRA) NESHAPS(CAA)_
UIC(SDWA) Ocean Dumping(MPRSA)
NPDES NCO066788 Dredge or fill(Section 404 or CWA)
PSD (CAA) Other -
Non-attainment program(CAA)
14. APPLICANT CERTIFICATION
I certify that I am familiar with the information contained in the application and that to the
best of my knowledge and belief such information is true,
/complete, and accurate.. /
�(N.W I� /'7rf7L./✓•NC[foK ' 1&4av/WYKL
Printed name of Person Signing Title
1
Signature of Applicant Date
North Carolina General Statute 143-215.6 (b)(2) states: Any person who knowingly makes any false statement representation, or certificaton in any
application, record,report,plan,or other document files or required to be maintained under Article 21 or regulations of the Environmental Management
Commission implementing that Article, or who falsifies, tampers with, or knowingly renders inaccurate any recording or monitoring device or method
required to be operated or maintained under Article 21 or regulations of the Environmental Management Commission implemenUng that Article,shall be
guilty of a misdemeanor punishable by a fine not to exceed$25,000,or by imprisonment not to exceed six months,or by both. (18 U.S.C.Section 1001
provicims punishment by_a lineal not morathm$25,0001rJmpdmmegRof more tha➢3yre"r ,orb for a similar offense.)
3 of 3 Form-D 05108
- RPB Systems WJ, NC288 2
_ P0.51-1325. 828) 251NC 28802
Construction Serdce5•CO.Oct operations•Main(ena'nce (828)25bt9oo•(828)25bt945 eu
May 12, 2010
Mr. Belvin Hall
Buncombe Schools
175 Bingham Road
Asheville, NC 28806
Re: Sludge Hauling for Buncombe County School Treatment Plants
Belvin
This letter is per our discussion to clarify your sludge management plan for your
schools treatment plants as required for your permit renewals.
Currently we utilize Mikes Lusk Septic Hauling who has an agreement with MSD
of Buncombe County to dispose of stabilized sludge at the receiving station
located at the MSD facility in Asheville. Mike hauls sludge for the following
facilities:
Buncombe County Schools-North Buncombe High School NCO061182
Buncombe County Schools-North Buncombe Elementary School NCO073814
Buncombe County Schools-Fairview Elementary School NCO066796
Buncombe-County Schools-Leicester Elementary School NCO066788
Buncombe County Schools-Cane Creek Elementary School NCO086436
1.
I trust this will be sufficient for regulatory review of your permit renewals. If you
have any questions or concerns,please contact us anytime.
lSincerely,
Robert Barr
Cc: File
MIJ
�O�W AjF�Q Michael A.Easley,Governor
�Q G William G.Ross Jr.,Secretary
North Carolina Department of Eaviroomeot and Natural Resources
} —1 Gregory J.Thorpe,Ph.D.-
'r - Achill Director
Division of Water Quality
PROFESSIONAL ENGINEER'S CERTIFICATION
FOR
CONSTRUCTION OF WASTEWATER TREATMENT FACILITIES
,e IY
I i MAY - 8 2002 �..,
ATC PROJECT NUMBER: 066788ACB
Buncombe County Public Schools
NPDES Permit No.NCO066788 ` I '
I, OLa.ty, L 4.56 ,am a duty registered Professional Engineer
(p/esseMatJ
in the State of North Carolina and have been authorized to observe(circle one eriodicall weekly, full
time)the construction of the subject project for thePennittee:
Project No.: 066788ACB
Project: Buncombe County Public Schools
Buncombe County
W WTP improvements Project
Location: U.S.Highway 74 @ NCSR 2800
Buncombe County
I hereby certify that I did regularly observe this project with due care and diligence and that the
construction was pleted in substantial conformance with the Authorization to Construct and with the
approved plan d cifter ions.
Signature G e/, . Registration No, I17TOI
dapaeuaurnpr..
Date o",—%tk CA�
:'�'4 SEQ� 9r•'3-•i
'•r..RE 6RV....
Upon completion of construction and prior to operation of the modified facility, the Permittee shall provide the
Dunstan wiwith acerUficattan from apmfessis l�ngiwcer ettifying that-the permitted facility-has been installed-in - -- -
accordance with the NPDES Permit, this Authorization to Construct,and the approved plans and specifications.
The Certification should he submitted to:
NCDENRIDWQ,NPDES Unit, 1617 Mail Service Center, Raleigh, North Carolina 27699-1617
=
Certified Mail # 7015 1520 0003 5463 2930
Return Receipt Reauested -
February 10, 2017
Belvin Hall, Maintenance Supervisor
Buncombe County Schools
175 Bingham Rd
Asheville, NC 28806
SUBJECT: NOTICE OF VIOLATION
Tracking Number: NOV-2017-LV-0133
Permit No. NCO066788
Fairview Elementary School WWTP
Buncombe County
Dear Permittee:
A review of the August 2016 Discharge Monitoring Report(DMR) for the subject facility revealed the violation(s)
indicated below:
Limit Exceedance ViolationfsJ:
Sample - Limit Reported
Location Parameter Date - Value Value. TypeofViolation
DOS Effluent Flow, in conduit or thru 8/31/2016 0.011 0.35 Monthly Average Exceeded
treatment plant(50050)
Remedial actions, if not already implemented, should be taken to correct any noted problems. The Division of
Water Resources may pursue enforcement actions for this and any additional violations.
Please review the Flows for the August 2016 DMR and submit a written response within 10 days of receipt of this
letter to this Office explaining why the Monthly Average Flow exceeded the permit limit.
State ofNorlh Catalina I Environmental Qualityl Water Resources -
2090 U.S.70 Highway,Swantemoa,NC 28778
828-296-4500
C )
If you have any questions concerning this matter, please contact Janet Cantwell of the Asheville Regional
Office at 82>;=M-4500.
Sincerely,
G. Landon Davidson, P.G., Regional Supervisor
Water Quality Regional Operations Section
Asheville Regional Office
Division of Water Resources, NCDEQ
-Cc: WQS Asheville Regional Office - Enforcement File
NPDES Compliance/Enforcement Unit-Enforcement File
RPB Systems/ORC
it
G\WR\M\Sull mL\Wffie atel\Mlnars\Falrvlew ElemenMry 66I00\NW-303I LV 0133.M
i
RUM
North Carolina Department of Environment and Natural Resources
Pat McCrory Donald R. van der Vaart
Governor Secretary
January 30, 2016
Mr. R. Belvin Hall, Assistant Director, Maintenance _
Buncombe County Schools
175 Bingham Road .
Asheville, North Carolina 28806
Subject: NOTICE OF VIOLATION
NOV-2015-LV-0040
Permit No. NCO066788
Fairview Elementary School W WTP
Buncombe County
Dear Mr. Hall:
A review of Fairview Elementary School's W WTP monitoring report for August 2014 showed the
following violations: ,
Parameter Date Limit Value Reported Value LimitType-
Coliform, Fecal MF, M-FC 08/27/2014 400.000 1,410.000 Daily Maximum
Broth,44.5C #/10oml #/100ml Exceeded
Coliform, Fecal MF, M-FC 08/31/2014 -200.000 1,410.000 Daily Maximum
Broth,44.5C #/100ml #/1ooml Exceeded
Remedial actions, if not already implemented, should be taken to correct any problem. Since the
comments section on the reverse of the relevant DMR provided an adequate explanation for the subject
violation, it is not requested that-a response be submitted.
The Division of Water Resources may pursue enforcement action for this and any additional
violations of State law. If you should have any questions, please do not hesitate to contact Janet
Cantwell or me at 8281296-4600.
Sincerely,
G. Landon Davidson, P.G., Regional Supervisor
Water Quality Regional Operations, NCDENR
Asheville Regional,Office
cc: WQ Asheville Files
MSC 1617-Central Files-Basement
RPB Systems/ORC
G1'NR\Wn\BunminnelWaslerveterlMmorslFairviaw ElsmanlarytlW9aMOV-1015-LV on90.tloc
Water Quality Regional Opaafions—Ashevlile Regional Office
2090 U.S.Highway 70,Swannanoa,North Carolina 28778
Phone: (828)2984500 Fax. (828)299-7043
Internet: hUndrudai.ncdenr.orglweblwq
An Equal Opportunityl Afflanetive Action Employer
(l ���r�A C� T j
IM ENR
North Carolina Department of Environment and Natural Resources
Pat McCrory John E. Skvarla, III
Governor Secretary
April 4, 2014
I
Mr. R. Belvin Hall, Assistant Director, Maintenance -
j Buncombe County Schools
175 Bingham Road
Asheville, North Carolina 28806 -
Subject: NOTICE OF VIOLATION
NOV-2014-LV-0126
Permit No. NCO066788
Fairview Elementary School WWTP
Buncombe County
Dear Mr. Hall:
A review of Fairview Elementary School's W WTP monitoring report for December 2013 showed
the following violation:
ECol
ameter Date Limit Value Reported Value Limit Type
iform, Fecal MF, M-FC 1211112113 400#/100ml 2,420#/100ml Daily Maximum
th,44.5C Exceeded
Remedial actions, if not already implemented, should be taken to correct any problem. Since the
comments section on the reverse of the relevant DMR provided an adequate explanation for the subject
violation, it is not requested that a response be submitted.
The Division of Water Resources may pursue enforcement action forthis and any additional violations
of State law. If you should have any questions, please do not hesitate to contact Janet Cantwell or me
at 8281296-4500.
Sincerely,
G. Landon Davidson, P.G., Regional Supervisor -
Water Quality Regional Operations, NCDENR
Asheville Regional Office
cc:. WQ Asheville Files
WQ Central Files
RPB Systems/ORC
G:tWR\WQ\Buncombe\WastewaterWinomWalwiew Elementary 667881NOV-2014-1-V-0126.doc
Wate2090 U.S.
lllyH[g Regional Opaations-Ashh Ca Reglonel Office
78
2090 U.S.Highway 50, FAX:rwa.0)29 Carolina 28]]8
Phone: (82q)P96-0500 FAX:web/wg99-]043
IntAn Equal
Oportunftyl Aennative dlon
An Equal Oppotlunityl Ai9nne0ve Action Employer
��*A
OEM
North Carolina Department of Environment and Natural Resources
Division of Water quality
Pat McCrary Charles Wakild,P.E. John E.Skvarla,III
Govemor Director
Secretary
March 5, 2013
Belvin Hall
Buncombe County Schools
175 Bingham Rd
Asheville, NC 28806
SUBJECT: Compliance Sampling Inspection
Fairview Elementary School WWTP
Permit No: NCO066788
Buncombe County
Dear Mr. Hall:
On February 20, 2013, a Compliance Sampling Inspection was performed at the subject
wastewater facility. Present during the inspection was Todd Moore with RPB Systems,
Inc. The facility was found to be in compliance with permit NC0066788.
Please refer to the enclosed inspection report for additional observations and comments.
If you or your staff have any questions, please call me at 828-296-4500.
Sincerel
Linda Wiggs
Environmental Senior Specialist
Asheville Regional Office
Enclosure
cc: RPB Systems, ORC
Central Files
.cAsheville files
S:\SWP\Buncombe\Wastewater\MinomTaiwiew Elementary 66788\CSI.66788.Feb2oI3.doc
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE
Location:2090 U.S.Highway 70,Swannanoa,NC 28778 L'ffi'Or1Ra
��e
Phone:(828)296-4500TAX:828299-7043 N"o�trt
Internet:www.ncwateroualiy om tzurgllff
� n
Form Appro2040-0 057
ppleroxpires 8-3 1-98Unlletl Ste en Agency
EPA WeaMngton,4C.2Wfia ed.
Section A: National Data System Coding(i.e., PCS)
Transaction Cade NPDES yr/mdday Inspection Type Inspector Fee Type
1 LI 2 U s I 31 NC0088788 1 11 121 13/02/20 1 17 181 e 1 _ 191 e 1 20� I
L, lJ Remarks LJ LJ LJ
211111111111111111111111111111111111111111IIIIII15
Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 CA -------------------Reserved—-----------------
671�1 69 70JJ 711 j 721 nj 73 W 74 75I I I I I eo
Section B: Facility Data
Name and Location of Facility inspected(For Industrial Users discharging to POND,also include Entry Time/Date Permit Effective Data
W POT name and NPDES permit Number)
Fairview Elementary School 09:10AM 13/02/20 11/01/01
1355 Charlotte Hwy Exit Time/Date Permit Expiration Date
Fairview NC 28730 10:OOAM 13/02/20 15/12/31
Name(e)of Onsito Representa0ve(s)Ritles(s)/Phone and Fax Number(s) Other Facility Data
Todd M Moore/ORC//
Name,Address of Responsible Offcial/ri0e/Phone and Fax Number
Contacted .
Larry McCallum,175 Bingham Rd Asheville NC 28806//828-255-5921/8282555923 yes
Section C: Areas Evaluated During Inspection(Check onl those areas evaluated)
Permit E Operations&Maintenance E Facility Site Review EfiluenvReceiving Waters
Section D: Summary of Finding/Comments Attach additional sheets of narrative and checklists as necessary)
(See attachment summary)
Names)and Signature(s)of Inspector(s) Agency/Office/Phone and Fax Numbers Date
Linda S Wiggly;41h/ ARO WO/1828-290-4500 Ext45531 3/5 �3
Signature of Management O A Reviewer Agency/Office/Phone and Fax Numbers Date
EPA Form 3560-3(Rev 9-94)Previous editions are obsolete.
Page# 1
NPDES_ _yr/molday. _Inspection Type
3I NC0066788 lit 12l 13/02/20 17 19I^I
Section D: Summary of Finding/Comments(Attach additional of narrative and checklists as necessary)
ORC reports sludge removal occurs-2-3 yrs.
Stevens flow meter is calibrated annually.
Log book is in good order.
The ORC noted that this facility receives wastewater from sources other than the school, a couple of houses
and a gas/convenience station.
Effluent pH: 7.Osu @ 7.7C.
Effluent Sample results:
BOD 5.9 mg/I
Fecal Coliform 1/100ml
TSS 8.2 mg/I
1
Page# 2
i
Permit: N00066788 Owner-Facility: Fairview Elementary school
Inspection Date: 02/20/2013 Inspection Type: Compliance Sampling
Operations& Maintenance Yea No NA NE
Is the plant generally clean with acceptable housekeeping? MUD ❑
Does the facility analyze process control parameters,for ex:MLSS,MCRT,Settleable Solids, pH,DO,Sludge 0 0 0 0
Judge,and other that are applicable?
Comment:
Permit Yes No NA NE
(If the present permit expires in 6 months or less). Has the permittee submitted a new application? ❑ 0 ■ 0
Is the facility as described in the permit? 00 0 ❑
#Are there any special conditions for the permit? 110 ■ D
Is access to the plant site restricted to the general public? ■ D D D
Is the inspector granted access to all areas for inspection? ■ D D 0
Comment:
Bar Screens - Yes No NA NE
Type of bar screen
a.Manual - - 0
b.Mechanical 0
Are the bars adequately screening debris? ■ 0 0 D
Is the screen free of excessive debris? D 0013
Is disposal of screening in compliance? ■ 011 0
Is the unit in good condition? ■ D D D
Comment: The bars are far apart on this device. There was no debris noted
throughout the W WTP. There was a fair amount of debris in the bar screens which
ORC deliberately leaves some which actually helps in keeping rags from passing
through device. ORC is not having an issue with bar screen and operating it as noted
so not a concern at this time.
Equalization Basins Yes No NA NE
Is the basin aerated? ■ 0 0 0
Is the basin free of bypass lines or structures to the natural environment? ■ 0 0 ❑
Is the basin free of excessive grease? in 0 D D
Are all pumps present? ■ D 0 0
Are all pumps operable? ■ Cl D 0
Are float controls operable? 0_D_0_D
Page# 3
{ Permit: NCO066788 Owner-Facility: Fairview Elementary School
Inspection Date: 0 212 012 01 3 Inspection Type: Compliance Sampling
Equalization Basins Yes No NA NE
Are audible and visual alarms operable? ■ D 0 0
#Is basin size/volume adequate? ■ 0 0 ❑
Comment: Monthly maintenance is performed on pumps/blowers.
Aeration Basins Yes No NA NE
Mode of operation Eat.Air
Type of aeration system Diffused
Is the basin free of dead spots? ■ 0 0 ❑
Are surface aerators and mixers operational? ❑ 0 ■ Cl
Are the diffusers operational? ■ 0 Cl ❑
Is the foam the proper color for the treatment process? ❑ 0 ■ ❑
Does the foam cover less than 25%of the basin's surface? 0 0 ■ ❑
Is the DO level acceptable? ❑ 0 0 ■
Is the DO level acceptable?(1.0 to 3.0 mg/I) 0 0 0 ■
Comment: No foam was noted.
Secondary Clarifier Yea No NA NE
Is the clarifier free of black and odorous wastewater? ■ 0 0 ❑
Is the site free of excessive buildup of solids in center well of circular clarifier? ❑ 0 ■ Cl
Are weirs level? ■ 0 0 ❑
Is the site free ofweir blockage? ■ 0 D ❑
Is the site free of evidence of short-circuiting? ■ D 0 ❑
Is scum removal adequate? ■ 0 0 ❑
Is the site free of excessive floating sludge? ■ 0 D ❑
Is the drive unit operational? 0 0 ■ ❑
Is the return rate acceptable(low turbulence)? D 0 0 ■
Is the overflow clear of excessive solids/pin floc? ■ 0 Cl ❑
Is the sludge blanket level acceptable?(Approximately%of the sidewall depth) ■ 0 0 ❑
Comment: Minimal amount of floating sludge and pin floc but did not appear to be a
problem. See summary for effluent results.
Disinfection-Tablet Yes No NA NE
Are tablet chlorinators operational? ■ 0 0 ❑
Page# 4
(l
Permit: N0006678e Owner-Facility: Fairview Elementary School
Inspection Date: 02120/2013 Inspection Type: Compliance Sampling
Disinfection-Tablet Yes No NA NE
Are the tablets the proper size and type? ■ 0 D ❑
Number of tubes in use? 3
Is the level of chlorine residual acceptable? ❑ 0 ❑
Is the contact chamber free of growth,or sludge buildup? ■ 0 0 ❑
Is there chlorine residual prior to de-chlorination? ❑ 0 0 ■
Comment:
De-chlorination Yes No NA NE
Type of system? Tablet
Is the feed ratio proportional to chlorine amount(1 to 1)? 0 0 ■ ❑
Is storage appropriate for cylinders? 00 ■ 0
#Is de-chlorination substance stored away from chlorine containers? ❑ 0 ■ 0
Comment:
Are the tablets the proper size and type? - ■ D 0 ❑
Are tablet de-chlorinators operational? ■ 0 D D
Number of tubes in use? 3
Comment:
Standby Power Yes No NA NE
Is automatically activated standby power available? ■ 0 0 ❑
Is the generator tested by interrupting primary power source? 0 0 D ■
Is the generator tested under load? ❑ D 0 ■
Was generator tested&operational during the inspection? ❑ 0 0 ■
Do the generator(s)have adequate capacity to operate the entire wastewater site? ❑ 0 0 ■
Is there an emergency agreement with a fuel vendor for extended run on back-up power? ❑ 0 0 ■
Is the generator fuel level monitored? ❑ 0 0 ■
Comment: Standby power is natural gas.The County school maintenance crew
maintains the generator, not the ORC
Effluent Pipe Yes No NA Na
Is right of way to the outfall properly maintained? ■ 0 0 D
Are the receiving water free of foam other than trace amounts and other debris? 0 D ❑
If effluent (diffuser pipes are required) are they operating properly? D D ■ ❑
Page# 5
Permit: NC008W88 Owner-Facility: Fairview Elementary School
Inspection Date: 02/20/2013 Inspection Type: Compliance Sampling
Effluent Pipe yes No NA NE
Comment: The effluent and the receiving waters looked good. No obvious adverse
impacts were noted instream.
Page# 6
\ . »
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2011 Ll , MAR - 0 2012
E_.
System Performance Annual ejJ `� "'
"•
Wastewater Treatment F �cihfy
w�
I, General Information s �
• Facility/System Name: Fairview Elementary School FEB 2 9 2� D
• Responsible Entity: Buncombe County School System of+aH. re ea tiunt POIN750{44;C .
E BRANCH
• Person in Charge: Belvin Hall Assistant Maintenance Director
• Telephone Number: (828) 232-4244
• Contract Operator in Responsible Charge: RPB Systems, Inc.-Richard Swilling
• Telephone Number: (828) 251-1900
• Applicable Permit: NPDES NCO066788 Expires 12/31/2015
• Description of Treatment System:
The Fairview Elementary School wastewater treatment system is a 0.011 MGD
extended aeration package treatment system with influent pumps, equalization
basin, aerated sludge holding tank, chlorination and dechlorination equipment,
flow recorder and standby generator. This facility is located at the Fairview
Elementary School, US Highway 74 @ NCSR 2800 NW of Fairview, NC. The
treated effluent discharges into Cane Creek, part of the French Broad River
Basin which is classified as C-Trout waters.
II. Performance
• Summary of System Performance for 2011:
This facility is well maintained and in good operation condition. Records are
being maintained as required by their NPDES permit. The treatment facility had
no violations of their permit in 2011.
The treatment facility experienced no overflows or spills during 2011.
Page 1 of 3
2011 Monthly Compliance Summary
e January 2011-Compliant
e February 2011-Compliant
e March 2011-Compliant
e April 2011-Compliant
e May 2011-Compliant
e June 2011-Compliant
e July 2011-Compliant
e August 2011-Compliant
e September 2011-Compliant
e October 2011-Compliant
e November 2011-Compliant
e December 2011-Compliant
e Listed below are the month Discharge Monitoring Report parameters as reported
to the Division of Water Quality in 2011.
Flow BOD TSS NH3N Fecal
Jan 0.01 7.4 12.3 6.70 2
Feb 0.010 7.0 9.3 14.3 5
Mar 0.010 1_-8.6_L 7.0 1 17.90 1 1
April 0.008 i_4._1 _F_8_.8_T 11.30 2
May 0.010 13.0 8.9 16.7 2
June 0.010 11.1 13.1 36.8 6
July 0.005 21.0 6.3 12.7 3
Aug0.01 6.2 11.2 9.90 1
Set 0.010 13.6 6.2 10.7 1
Oct 0.010 10.3 5.7 9.8 1
Nov 0.010 17.8 7.9 7.3 2
Dec 0.009 12.1 3.1 7.7 6
Permit
Limits 0.011 1 30145 30/45 200/400
Page 2 of 3
• Corrective Actions: No corrective actions were required during 2011.
• Environmental Impact: There was no observable environmental impact from this
treatment facility during 2011.
III. Notification:
The availability of this report to staff and parents of students will be forwarded
to them via posting of this report on school information boards, by memorandum
and through regular PTA meetings.
IV. Certification
I certify under penalty of law that this report is accurate and complete to the best
of my knowledge. I further certify that this report has been made available to the
users or customers of this system and that those users have been notified of its
availability. I am aware that there are significant penalties for submitting false
information.
/s-
Signature ate
Belvin Hall, Assistant Director
Buncombe County Schools Maintenance
Page 3 of 3
C"
2010
System Performance Annual Deport
Wastewater Treatment Facility '
I. General Information :� l� t=flP 12011 Ll
• Facility/System Name: Fairview Elementary Schoof'
wn Ty-
� �F rl 0lRIC tl� l ' :i
• Responsible Entity: Buncombe County School System p4
• Person in Charge: Belvin Hall Assistant Maintenance Director
• Telephone Number: (828) 232-4244
• Contract Operator in Responsible Charge: RPB Systems Inc.-Richard Swilling
• Telephone Number: (828) 251-1900
• Applicable Permit: NPDES NCO066788 Expires 12/31/2015
• Description of Treatment System:
The Fairview Elementary School wastewater treatment system is a 0.011 MGD
extended aeration package treatment system with influent pumps, equalization
basin, aerated sludge holding tank, chlorination and dechlorination equipment,
flow recorder and standby generator. This facility is located at the Fairview
Elementary School, US Highway 74 @ NCSR 2800 NW of Fairview, NC. The
treated effluent discharges into Cane Creek, part of the French Broad River
Basin which is classified as C-Trout waters.
II. Performance
• Summary of System Performance for 2010:
This facility is well maintained and in good operation condition. Records are
being maintained as required by their NPDES permit. The treatment facility had
no violations of their permit in 2010. ft
�ygp77The treatment facility experienced no overflows or spills dZO f6:
FEB 2 5 all
DENR-WATER QUALITY
POINT SOURCE Nra..N3H
Page 1 of 3
2010 Monthly Compliance Summary
• January 2010-Compliant
• February 2010-Compliant
• March 2010-Compliant
• April 2010-Compliant
• May 2010-Compliant
• June 2010-Compliant
• July 2010-Compliant
• August 2010-Compliant
• September 2010-Compliant
• October 2010-Compliant
• November 2010-Compliant
• December 2010-Compliant
• Listed below are the month Discharge Monitoring Report parameters as reported
to the Division of Water Quality in 2010.
Flow BOD TSS NH3N Fecal
Jan 0.011 9.8 7.7 1.10 10
Feb 0.010 10.6 8.2 0.11 52 -
Mar 0.010 8.3 6.5 0.10 6.0
April 0.034 8.4 11.3 0.10 2.2
May 0.010 2.7 3.4 0.23 2.8
June 0.010 5.5 5.8 0.24 2.0
July 0.010 6.2 5.3 0.21 3.4
Aug0.011 3.0 7.7 0.10 2.8
Set 0.010 3.4 5.8 7.8 2.0
Oct 0.010 5.0 9.8 1.55 2.9
Nov 0.010 6.5 6.7 4.0 2.0
Dec 0.010 5.9 8.6 5.0 4.0
erm
LiPmitsit 0.011 30/45 30/45 200/400
Page 2 of 3
• Corrective Actions: No corrective actions were required during 2010.
• Environmental Impact: There was no observable environmental impact from this
treatment facility during 2010.
III. Notification:
The availability of this report to staff and parents of students will be forwarded
to them via posting of this report on school information boards, by memorandum
and through regular PTA meetings.
IV. Certification
I certify under penalty of law that this report is accurate and complete to the best
of my knowledge. I further certify that this report has been made available to the
users or customers of this system and that those users have been notified of its
availability. I am aware that there are significant penalties for submitting false
information. J
Signature D e
Belvin Hall, Assistant Director
Buncombe County Schools Maintenance
Page 3 of 3
GI* r ' [7,nLE Cr ,
WNW
North Carolina Department of Environment and Natural Resources
Division of water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
February 11, 2011
Mr. R. Belvin Hall,Assistant Director, Maintenance
Buncombe County Schools
175 Bingham Road
Asheville, North Carolina 28806
Subject: NOTICE OF VIOLATION
NOV-2011-LM-0007
Permit No. NC0066788
Fairview Elementary School W WTP
Buncombe County
Dear Mr. Hall:
A review of Fairview Elementary School's W WTP monitoring report for September 2010 showed the
following violations:
Parameter Date Limit Value Reported Value Limit Type
Flow, in conduit or thru 09/30/10 0.011 mgd 0.012 mgd Monthly Average
treatment plant Exceeded
This is the second month in a row when the Flow has exceeded the permit limit of 0,011 mgd. Please send a
written response to this office within 10 business days of receipt of this letter addressing the increase in flow
at your facility.
Parameter Date Measuring Frequency Violation
pH Week ending 09/04/2010 Weekly Failure to Monitor
Temperature Week ending 09/04/2010 Weekly. Failure to Monitor
It was also noted that the Compliance box on the back of the DMR was marked"Compliant"when in fact it should
have been marked "Non-Compliant' with an explanation for the non-compliance. If the above parameters for
Temperature and pH were left off inadvertently,please send an amended DMR within 10 business days of receipt
of this letter to Raleigh at the address found on the front page of your DMR and also a copy to this office.
The DMR for Fairview Elementary does not have the minimum required 10 days between sampling ofAmmonia.
Part II,Section A.of your NPDES permit states: 21Month: Samples are collected twice permonth with at least
ten calendar days between sampling events. Please begin using the required protocol on future DMRS.
Remedial actions should be taken to correct these problems. The Division of Water Quality may pursue
enforcement action for this and any additional violations of State law. If you should have any questions,please do not
hesitate to contact Janet Cantwell at 8281296-4500.
Since
rely,
eSupervisor
Surface Water Protection Section
cci. DWQ Asheville Files
DWQ Central Files
S 1SWP\Buncombe\WastewateriMinarsVoirwew Elementary 66788\NOV-2011 LM 0007.doc yyn�ohCerolma
✓VR(pMillJ
North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,NC. 28778 Phone(828)296-4500 Customer Service
Internet: wwwocwateroualilv.om FAX (828)299-7043 1-877-623-5748
LE cf, e Y
NMEW
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Colleen H. Sullins Dee Freeman
Governor Director Secretary
February 4, 2011
Mr. R. Belvin Hall, Assistant Director, Maintenance
Buncombe County Schools
175 Bingham Road
Asheville, North Carolina 28806
Subject: NOTICE OF VIOLATION
NOV-2011-LV-0041
Permit No. NCO066788
Fairview Elementary School WWTP
Buncombe County
Dear Mr. Hall:
A review of Fairview Elementary School's W WTP monitoring report for August 2010 showed the
following violation:
Parameter Date Limit Value Reported Value Limit Type
Flow, in conduit or thru 08/31/2010 0.011 mgd 0.012 mgd Monthly
treatment plant Average
Exceeded
It was also noted that the Compliance box on the back of the DMR was marked "Compliant"when in
fact it should have been marked "Non-Compliant" with an explanation for the non-compliance.
Remedial actions should be taken to correct this problem. The Division of Water Quality may pursue
enforcement action for this and any additional violations of State law. If you should have any questions,
please do not hesitate to contact Janet Cantwell at 828/296-4600.
Sincerely,
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
cc: DWQ Asheville Files
Di Central Files
RPB Systems/ORD
S1 \ unoombelWasteweiarwmors\Favmew Elementary 66]881NQV-2011 LV 6641.tlnC No"ohCazolina
North Carolina Division of Water Quality 2090 U.S.Highway 70 Swannanoa,N.C. 28778 Phone(828)2964500 Customer Service
Internet: www.mmateraualitvom FAX (828)299-7043 1-877-623-6748
pitizu'Yu) oevin nai-rairy ew zuua.aocx rage qi
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APR 16 2010 i J
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2009WM
System Performance Annual Report
Wastewater Treatment Facility a
I� MAR 042010
I. General Information
pENR-WATER UURII'YY
PUINT 80aRCE 8FU4NCR
. Facility/System Name: Fairview Elementary School
• Responsible Entity: Buncombe County School System
• Person in Charge: Belvin Hall, Assistant Maintenance Director
• Telephone Number: (828) 232-4244
• Contract Operator in Responsible Charge: RPB Systems, Inc.-Robert Barr
• Telephone Number: (828) 251-1900
• Applicable Permit: NPDES NCO066788 Expires 12/31/2010
• Description of Treatment System:
The Fairview Elementary School wastewater treatment system is a 0.011 MGD
extended aeration package treatment system with influent pumps, equalization
basin, aerated sludge holding tank, chlorination and dechlorination equipment
and a flow recorder. This facility is located at the Fairview Elementary School,
US Highway 74 @ NCSR 2800 NW of Fairview, NC. The treated effluent
discharges into Cane Creek, part of the French Broad River Basin which is
classified at C-Trout waters.
11, Performance
• Summary of System Performance for 2009:
This facility is well maintained and in good operation condition. Records are
being maintained as required by their NPDES permit. The treatment facility had
t4 i neu ul uervin nan- rairview zuue.aocx �^ Page 2�
no violations of their permit in 2009.
The treatment facility experienced no overflows or spills during 2009.
• 2009 Monthly Compliance Summary
• January 2009-Compliant
• February 2009-Compliant
• March 2009-Compliant
• April 2009-Compliant
• May 2009-Compliant
• June 2009-Compliant
• July 2009-Compliant
• August-2009-Compliant
• September 2009-Compliant
• October 2009-Compliant
• November 2009-Compliant
• December 2009-Compliant
• Listed below are the month Discharge Monitoring Report parameters as reported
to the Division of Water Quality in 2009.
Flow t30D TSS NH3N Fecal
Jan 0.011 9.8 7.7 1.10 10
Feb 0.010 to.6 8.2 0.11 52
Mar - 0.010 8.3 6.5 0.10 6.0
April 0.034 8.4 11.3 0.10 2.2
May 0.010 2.7 3.4 0.23 2.8
June 0.010 5.5 5.8 0.24 2.0
July 0.010 6.2 5.3 0.21 3.4
Aug 0.011 3.0 7.7 0.10 2.8
Sept . 0.010 3.4 5.8 7.8 2.0
Oct 0.010 5.0 9.8 1.55 2.9
Nov 0.010 6.5
Dec 0.010
Permit 0.011 I 30/45 30/45 200/400
Limits
(L/l//LU'IV) oe v n nar -ra FV1eW NUG.UOV3 aeo
i
• Corrective Actions: No corrective actions were required during 2009.
• Environmental Impact: There was no observable environmental impact from this
treatment facility during 2009.
III. Notification:
The availability of this report to staff and parents of students will be forwarded
to them via posting of this report on school information boards, by memorandum
and through regular PTA meetings.
IV. Certification
I certify under penalty of law that this report is accurate and complete to the best
of my knowledge. I further certify that this report has been made available to the
users or customers of this system and that those users have been notified of its
availability. I am aware that there are significant penalties for submitting false
information.
4—�- a /7 l-9
Signature Da
Belvin Hall, Assistant Director
Buncombe County Schools Maintenance
7L n
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Qualify
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
SURFACE WATER PROTECTION SECTION
February 23, 2010
Mr. R. Belvin Hall. Assistant Director
Buncombe County Board of Education
Maintenance Department
175 Bingham Road
Asheville NC 28806
SUBJECT: Compliance Evaluation Inspection
Fairview Elementary School WWTP
Permit No: NCO066788
Buncombe County
Dear Mr. Hall:
Enclosed please find a copy of the Compliance Evaluation Inspection form from the inspection
conducted on February 19, 2010. The facility was found to be in compliance with permit NCO066788.
Please refer to the enclosed inspection report for additional observations and comments. if you or
your staff should have any questions, please call me at 828-296-4500 extension 4662.
Sincerely, /
,ii/GTrn000t
Wanda P. Frazier Q
Environmental Specialist
Enclosure
cc: Central Files
Asheville Files
S:\SWP\Buncombe\Wastewater\Minors\Fairview Elementary 66788\CEI.02-19-10.doc
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE A
Location:2090'U-.S- n Highway-70`Swananoa,NC=28T78 —-- -- -- -— NoAheaio]i13 -
Phone:(828)29645001FAX:828 299-70431Customer Service: 1-877.623-6748 NatwMill
Internet:y .ncwatergualdy.org J/k _
United states Environmental Protection Agency
EPA
/y Washington,D C.20468 FApproval
ved.
rf1 040-0057
Water Compliance Inspection Report
pire5831-96
Section A: National Data System Coiling(i.e., PCS)
Transaction Code NPDES ydbrolday Inspection Type Inspector Fac Type
1 LL 2J 31 NCD066708 11 121 10/02/19 17 18 U, 19111 20
Remk
1211 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 6
Inspection Work Days Facility Self-Monitoring Evaluation Rating Bi . CA -----------------Reserved-------------
611 1.0 70JJ 71 72L 73L 75 L I I 80
Section B: Facility Data
Name and Location of Facility Inspected(Far Industrial Users discharging to POND,also include Entry Time/Date Permit Effective Data
PONY name and NPDES permit Number)
Fairview. Elementary School 12:15 PM 10/02/19 06/01/01
1355 Charlotte Hwy Exit Time/Dale Permit Expiration Date
Fairview NC 28730 01:25 PM 10/02/19 10/12/31
Names)of Onsite Representative(s)/I'itles(s)IPhoneand Fax Numbers) Other Facility Data
Kenneth Garry Henson/ORC/828-251-1900/
Name,Address of Responsible OfficialRitle/Phone and Fax Number
Contacted
No
Section C: Areas Evaluated During Inspection(Check only those areas evaluated
Permit Flow Measurement Operations&Maintenance 0 Records/Reports
Facility Site Review EfFluentlReceiving Waters
Section D: Summary of Finding/Comments.(Attach additional sheets of narrefive and checklists as necessary)
(See attachment summary)
Names)and Signatures)of Inspector(s) Agency/Office/Phone and Fax Numbers Data
Wanda P Frazier ARO WQ//828-296-4500 Ext.4662/
Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date
EPA Form 3560-3(Rev 9-94)Previous editions are obsolete.
Page# 1
n n
NPOES ynmc/day Inspection Type (cont.t 1
3I NC0066700 11 121 10/02/19 17 181 _I
Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary)
Please forward a copy of this report to your operator and/or contract operating firm (if applicable).
FACILITY DESCRIPTION:
The Fairview Elementary School WWTP is a Class II facility rated as a 0.011 MGD extended
aeration with: influent pumps; manual bar screen; flow equalization basin with audible and
visual alarms; aeration basin with blowers providing diffused air; clarifier with sludge return;
aerobic digestor; tablet chlorinator; chlorine contact chamber; dechlorination unit; flow
recorder and stand-by natural gas generator.
PERMIT/ INSPECTION/LOG:.
A review of the files indicates that the last compliance evaluation inspection was conducted on
11-17-2008 by Wanda Frazier.
The permit expires on 12-31-2010. Please request a permit renewal 6 months prior to expiration.
A renewal notice will be mailed as a reminder.
The daily operator log was present on-site and had good notation of daily events, process
control and field testing data.
TREATMENT UNITS/PROCESS CONTROL TESTING DATA:
The activated sludge aeration basin process control data was as follows:
Temperature = 7.2 degrees Celsius
pH = 6.2 units --- Hydrated lime, sodium bicarbonate and soda ash were added to raise
the pH and increase the alkalinity.
Dissolved Oxygen =2.96 mg/I --- The timers were adjusted to increase aeration on
Saturday(2/20/10), due to a school make-up day.
Tip: The ideal level for dissolved oxygen in the aeration basin is generally 1 to 3
mg/l. Seasonal changes in temperature require the adjustment of the aeration
timer to achieve ideal dissolved oxygen levels. -
Settleable Solids = 280 ml/I =28%
Tip: Using the settleability test,the return sludge pumping rate is usually set so
that the flow rate is approximately equal to the percentage volumes occupied by the
settleable solids from the aeration basin after settling for 30 minutes in a
seftleometer. For example, a settleability of 30%would generally indicate a
recommended return sludge pumping rate of 30%.
Having the percent settleable solids (i.e. 30%)the same as the percent return sludge
Page# 2
C) ( �
Permit: NCO068788 Owner-Facility: Fairview Elementary School
Inspection Date: 02/19/2010 Inspection Type: Compliance Evaluation
pumping rate (i.e. 30%), allows for the solids balance in the plant to be maintained.
If the plant cannot handle that return sludge pumping rate, then wasting is probably
recommended, unless the sludge is too young.
EFFLUENT:
The effluent data was as follows: -
pH = 6.2 units
Temperature= 7.2 degrees Celsius
Chlorine= 12 ug/I
OPERATIONS AND MAINTENANCE/ EFFLUENT/SUMMARY:
Mr. Kenneth Henson, ORC, assisted in the inspection and appears to be operating and maintaining
.the facility very well.
The effluent was clear and appeared to be in compliance with permit limits.
SYSTEM PERFORMANCE ANNUAL REPORT:
Note: According to the Clean Water Act of 1999 (House Bill 1160), the legal requirement for
submittal of the System Performance Annual Report is as follows:
The owner or operator of any wastewater treatment works or wastewater collection systems
that treats or collects primarily domestic or municipal waste, must provide an Annual
Report to its users or customers and to the Department of Environment and Natural
Resources that summarizes the treatment works' and collection system's performance over a
12 month period.)
The System Performance Annual Performance Report had been filed for the calendar year 2008 and..
was received by the Division on February 26, 2009.
The System Performance Annual Report, for 2009, is due no later than 60 days of the end of the
reporting period - -
Report Format: -
The following is provided as guidance to assist you in meeting this aspect of the new reporting
requirements. The law states the above mentioned report shall summarize the performance of the
treatment works or collection system and state the extent to which any terms of its permit,
federal laws, or any State laws, regulations or rules related to the protection of water quality
have been violated. In order to meet the spirit of this law, it is strongly suggested that, at
a minimum, the report contain the following information: -
Page# 3
Permit: NCO066788 Owner-Facility: Fairview Elemenlary5chool
Inspection Date: 02/19/2010 Inspection Type: compliance Evaluation
I. General Information
• Name of regulated entity and county
• Responsible entity, person or contact with phone number or address
• Listing of applicable permit(s)—NPDES and Collection System permits, etc.
(Note: water plant wastewater dischargers are exempt)
• Description of collection or treatment system or process
II. Performance
• Description of overall 12-month performance, noting highlights and deficiencies.
• By month, list of the number and type of any violations of permit conditions,
environmental regulations or environmental laws, including (but not limited to):
Permit Limit Violations—list by month and type
Monitoring and Reporting Violations—i.e. NOVs and Civil Assessments
(Illegal) Bypass of treatment facilities*
Sanitary Sewer Overflows-(SSOs)*- Dates of SSOs*, Press Releases & Public
Notices(*Note the estimated total monthly volumes and locations of events in which more
than 1,000 gallons of waste reached surface waters.
• Description of any known environmental impact of violations
• Description of corrective measures taken to address violations or deficiencies
III. Notification
• Statement as to how users or customers have been provided access to the report.
IV. Certification
• Statement by a responsible official certifying the report is accurate and complete.
It shall be left to.the individual applicable entities to decide both how much detail above minimum they wish
to provide in the report and how they will provide the report to their users or customers. This law was
established to provide a mechanism for public oversight(and hopefully, to instill public confidence). Those
entities that fall under the scope of this part of the law are encouraged to be forthcoming in their report and
they should provide its readers a contact where they may view more detailed information.
To satisfy the Departmental reporting requirement,three copies of the report should be submitted to the
following address:
System Performance Annual Report
North Carolina Division of Water Quality
1617 Mail Service Center -
Raleigh, NC 27699-1617
(You may base your report on either a calendar year or a fiscal year time frame: July 1 —June 30.)
Page# 4
C
Permit: NCO066788 Owner-Facility: Fairview Elementary School
Inspection Date: 0231 912 01 0 Inspection Type: Compliance Evaluation
Permit - Yes No NA NE
(If the present permit expires in 6 months or less). .Has the permittee submitted a new application? 0 D w 0
Is the facility as described in the permit? ■ 0 0 0
#Are there any special conditions for the perm it? 0 In D D
Is access to the plant site restricted to the general public? ■ D D n
Is the inspector granted access to all areas for inspection? In 0 0 D
Comment:
Operations&Maintenance Yes No NA NE
Is the plant generally clean with acceptable housekeeping? ■ 0. n 0
Does the facility analyze process control parameters,for ex:MLSS, MCRT,Settleable Solids, pH, DO,Sludge-■ D 0 D
Judge,and other that are applicable?
Comment:
Bar Screens Yes No NA NE
Type of bar screen
a.Manual
b.Mechanical - D
Are the hers adequately screening debris? ■ D D ❑
Is the screen free of excessive debris? - - ■ D D 0
Is disposal of screening in compliance? ■ D D 0
Is the unit in goad condition?. ■ D D 0
Comment: - -
Equalization Basins Yes No NA NE
Is the basin aerated? ■ 0 D 0
Is the basin free of bypass lines or structures to the natural environment? ■ D D.0
Is the basin free of excessive grease? ■ 0 D D
Are all pumps present? ■ D D 0
Are all pumps operable? D D 0
Are Float controls operable? - 0 D 0
Are audible and visual alarms operable? ■ 0 0 ❑
#Is basin sizelvolume adequate? in D D D
Comment:
Page# 5
Permit: NCO066788 Owner-Facility: Fairview Elementary School
Inspection Date: 02/1 912 01 0 Inspection Type: Compliance Evaluation
Aeration Basins Yes No NA NE
Mode of operation Ext.Air
Type of aeration system Diffused
Is the basin free of dead spots? M 0 0 D -
Are surface aerators and mixers operational? D 0 ■ D
Are the diffusers operational? ■ 0 0 D
Is the foam the proper color for the treatment process? ■ 0 0 D
Does the foam cover less than 25%of the basin's surface? ■ D D 0
Is the DO level acceptable? ■ D. 0 D
Is the DO level acceptable?(1.0 to 3.0 mg/1) ■ D D D
Comment:
Secondary Clarifier. Yes No NA NE
Is the clarifier free of black and odorous wastewater? ■ 0 0 0
Is the site free of excessive buildup of solids in center well of circular clarifier? D 0 ■ D
Are weirs level? ■ 0 Cl 0
Is the site free of weir blockage? ■ 0 Cl D
Is the site free of evidence of shod-circuiting? ■ 0 0 D
Is scum removal adequate? N. D 0 0
Is the site free of excessive floating sludge? ■ 0 0 n
Is the drive unit operational? D D ■ D
Is the return rate acceptable(low turbulence)? 0 D D
Is the overflow clear of excessive solids/pin floc? D 0 0
Is the sludge blanket level acceptable?(Approximately%of the sidewall depth) ■ 0 0 0
Comment: -
Disinfection-Tablet Yes No NA NE
Are tablet chlorinators operational? ■ D D D
Are the tablets the proper size and type? ■ 0 0 D
Number of tubes in use? 3
Is the level of chlorine residual acceptable? ❑ D D
Is the contact chamber free of growth,or sludge buildup? D 0 ❑
Page# 6
Permit NCO066788 Owner-Facility: Fairview Elementary School
Inspection Date: 02/19/2010 Inspection Type: Compliance Evaluation
Disinfection-Tablet Yes No NA NE
Is there chlorine residual prior to de-chlorination? ■ 0 0 D
Comment:
De-chlorination Yes No NA NE
Type of system?
Is the feed ratio proportional to chlorine amount(1 to 1)? ■ D 0 0
Is storage appropriate for cylinders? D D Is D
#Is de-chlorination substance stored away from chlorine containers? ■ 0 0 ❑
Comment:
Are the tablets the proper size and type? ■ D D 0
Are tablet de-chlorinators operational? ■ D D D
Number of tubes in use? 3
Comment:
Standby Power Yes No NA NE
Is automatically activated standby power available? ■ Cl 0. ❑
Is the generator tested by interrupting primary power source? ■ 0 0 ❑
Is thegenerator tested under load? - ■ D. 0 0
Was generator tested&operational during the inspection? ■ 0 0 0 -
Dothegenerator(s) have adequate capacity to operate the entire wastewater site? ■ 0 0 ❑ -
Is there an emergency agreement with a fuel vendor for extended run on back-up power? ❑ ❑ D
Is the generator fuel level monitored? Cl 0 ■ D
Comment: The generator is connected to the natural gas pipeline. No refueling is
necessary.
Effluent Pipe. Yes No NA NE
Is right of way to the outfall properly maintained? ■ D 0 D
Are the receiving water free of foam other than trace amounts and other debris? ■ D 0 D
If effluent (diffuser pipes are required) are they operating properly? 0 D ■ 0
Comment: -
Page# 7
=' f t . I � Grid
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
SURFACE WATER PROTECTION SECTION
April 14, 2009
Mr. Belvin Hall, Assistant Director of Maintenance
Buncombe County Board of Education
167 Craven Street
Asheville, North Carolina 28806
Subject: NOTICE OF VIOLATION
NOV-2009-MV-0036
Permit No. NCO066788
Fairview Elementary School
Dear Mr. Hall: Buncombe County
A review of Fairview Elementary School's monitoring report for December 2008 showed the
following violations:
Parameter Date Measuring Frequency Violation
Residual Week of 11-30-2008 2 times perweek Failure to monitor twice weekly
Chlorine, ug/I thru 12-6-2008
Remedial actions, if not already implemented, should be taken to correct any problem. Since the
comments section on the reverse of the relevant DMR provided an adequate explanation for the subject
violation, it is not requested that a response be submitted: however,should you have additional information
concerning the violations or comments which you wish to present, please submit them to the attention of
Wanda Frazier.
The Division of Water Quality may pursue enforcement actions forthis and any additional violations. 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. You may contact Keith Haynes of this office for additional information.
If you should have any questions, please do not hesitate to contact Wanda Frazier or me at 828-296-4500.
Sincerely,
q
Boger C. Edwards, eglonal Supervisor
Surface Water Protection Section
cc: WQ Central Files
Bob_Guerra,-Western_NPDES_,Point_Source_CQmpliance Enforcement xc"hco<ewa
, atura!"f
North Carolina Division of water Duality 2090 U.S.Highway 70 Swatummoa,N.C. 28M Phone(828)296.4600 Customer Service
Internet: www.acwaterauality.ora FAX (828)299-7043 1-877-623-
6740
o�op warF9Q4 Michael F. Easley,Governor
William G. Rose Jr.,Secretary
y y North Carolina Department of Environment and Natural Resources
�7 Colson H.Sullins, Director
O .r L-,] r a L rL COPY
Division of Water quality
B f Asheville Regional Office
SURFACE WATER PROTECTION SECTION
November21, 2008
Mr. Belvin Hall, Assistant Director of Maintenance
Buncombe County Board of Education
167 Craven Street
Asheville, North Carolina 28806
SUBJECT: Compliance Evaluation Inspection
Fariview Elementary School
Permit No: NCO066788
Buncombe County
Dear Mr. Hall:
Enclosed please find a copy of the Compliance Evaluation Inspection form from the
inspection conducted on November 17, 2008. The facility was found to be in. Compliance with
permit NC0066788.
Please refer to the enclosed inspection report for additional observations and comments.
If you or your staff should have any questions, please call me at 828-296-4500 extension 4662.
Sincerely,
Wanda P. Frazier
Environmental Specialist
Enclosure
cc: Ken Henson, ORC - RPB Systems, Inc.
Bob Barr- RPB Systems, Inc.
Central Files
— —.-
Asheville=Files—P,dWPnA-T-A\DEMWq\auncomheCfi6-78B=Fa7iview'Elementary166788=C-EI-2008itloc eehe-erol1y -- -
�atura!(j/
209D US Hwy 70, Swannanoa, NC 28778 Telephone:(828)296-4500 Fax: (828)299-7043 Customer Service 1-877-623-6748
Y
III United States Emsmrmaniel Pmtactlon Agency Form Approved.
Washington QC 20460
EPA_. - 57
- -___ _-_-_Inspection
_._portaging— ___ -APProval expires e-31-98
Water Compliance Ins action rt
Section A: National Data System Coding(i.e., PCS)
Transaction Code NPDES. yrlmolday Inspection Type Inspector Fee Type
1 U 2 I el 31 NCO066788 111 121 Os/11/11 I V 18 LJ
�n1 191a1 20I
LJ LJ Remarks J IJ
Ill IIIIIIIIIIIIIIIIIIIIIIII111111IIIIIIIIIIIIIIIIB
Inspection Work Days Facllity Self-Monitoring Evaluation Rating B1 OA ----Reserved-----------------
67 o IS9 y0Ua /11 U I ]21uI ]3W]4 75 I I I 80
IIJJ Section B'. Facility Data J
Name and Location of Facility Inspected(For Industrial Users discharging to POTW,also include Entry Time/Date Permit Effective Date
POTW name and NPDES permit Number)
12:20 PM OB/11/1'! 06101101
Fairview Elementary School
1355 Charlotte Hwy - Exit TimelDate Permit Expiration Date
Fairview No '28930 e1:15 PM oB/11/19 10/12/31
Names)of Onsite Representative(s)/fitles(s)/Phone and Fax Numbers) Other Facility Data
Name,Address of Responsible Oflicial/fillelPhone and Fax Number
Contacted
0
Section C Areas Evaluated During Inspection(Check only those areas evaluated)
Permit E Operations&Maintenance ®Records/Reports ®Facility Site Review
Effluent/Receiving Waters
Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary)
(See attachment summary)
Ii
Name(s)and Signature(s)of Inspectors) Agency/OfncelPhone and Fax Numbers Date
Wanda P Frazier ARo WQ//82B-296-4500 E%t.4662/
Signature of Management O A Reviewer AgendsOfllce/Phone and Fax Numbers Date
EPA For 3560-3(Rev 9-94)Previous editions are obsolete.
Page It 1
NPDES yr/mo/day Inspection Type
3��NCo066909 12 0 11/l J 17 18U
Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary)
Treatment Units/Process Control Testing/ Effluent Data:
This facility consists of a Purestream metal package plant.
The activated sludge aeration basin process control data was as follows:
Temperature = 13.4 degrees Celcius
pH =6.95 units
Dissolved Oxygen = — 1.0 mg/I
Tip: The ideal level for dissolved oxygen in the aeration basin is generally 1 to 3 mg/I.
Seasonal changes in temperature require the adjustment of the aeration timer to achieve ideal
dissolved oxygen levels.
Settleable Solids=400/1000 ml/I =40%
The excess solids were pumped on 12/1412008.
Tip: Using the settleability test, the return sludge pumping rate is usually set so that the
flow rate is approximately equal to the percentage volumes occupied by the settleable solids
from the aeration basin after settling for 30 minutes in a settleometer. For example, a
settleability of 30%would generally indicate a recommended return sludge pumping rate of 30%.
Having the percent settleable solids (i.e. 30%)the same as the percent return sludge pumping
rate (i.e. 30%), allows for the solids balance in the plant to be maintained. If the plant
cannot handle that return sludge pumping rate, then wasting is probably recommended, unless
the sludge is too young.
The effluent data was as follows:
Dissolved Oxygen = —1.0 mg/I
pH =6.95 units -
Temperature = 13.4 degrees Celcius
Chlorine = 22 ug/I
The operator uses a Hach DR 2800 spectrophotometer to analyze the total residual chlorine.
Page# 2
Permit: NCO066788 Owner-Facility: Fairview Elementary School
--__--Inspection-Date:-1111712008--- ----- ----- --Inspection Type:-Compliance Ev-alueello-n-_-.
i
Records& Reports:
A review of the files indicates that the last compliance evaluation inspection was
conducted on 2-28-2007 by Janet Cantwell.
The permit expires on 12/31/2010. Please request a permit renewal 6 months prior to
expiration. A renewal notice will be mailed as a reminder.
The Annual Performance Report was fled for 2007. The 2008 report is due March 1, 2009,
The log book was present on-site and had good notation of daily events.
Operations & Maintenance/Summary:
The effluent appeared to be clear, indicating compliance with permit limits.
This facility appears to be well operated and maintained.
The operator, Mr. Ken Henson,was on-site during the inspection and is doing an excellent job.
Flow measurement
The flow measuring device consists of an effluent 60 degree v-notch weir plate and a Stevens
model 61 R chart flow meter with totalizer. The meter was calibrated on 8-20-2008.
J
f
Page# 3
n r,
Permit: N00066788 Owner-Facility: Fairview Elementary scheol
Inspection Date: 1111712D08 Inspection Type: Compliance Evaluation
Permit Yes No NA NE
(If the present permit expires in 6 months or less). Has the permutes submitted a new application? ❑ ❑ m ❑
Is the facility as described in the permit? ® ❑ ❑ ❑
#Are there any special conditions for the permit? ❑ ® ❑ ❑
Is access to the plant site restricted to the general public? a ❑ ❑
Is the inspector granted access to all areas for inspection? ® ❑ ❑ ❑
Comment:
Bar Screens Yes No NA NE
Type of bar screen
a.Manual IN
b,Mechanical ❑
Are the bars adequately screening debris? a ❑ ❑
Is the screen free of excessive debris? IN ❑ ❑ ❑
Is disposal of screening in compliance? ® ❑ ❑ ❑
Is the unit in good condition? ■ ❑ ❑ ❑
Comment:
Equalization Basins Yes No NA NE
Is the basin aerated? ■ ❑ ❑ ❑
Is the basin free of bypass lines or structures to the natural environment? ® ❑ ❑ ❑
Is the basin free of excessive grease? ® ❑ ❑ ❑
Are all pumps present? ■ ❑ ❑ ❑
Are all pumps operable? ■ ❑ ❑ ❑
Are float controls operable? ■ ❑ ❑ ❑
Are audible and visual alarms operable? ■ ❑ ❑ ❑
#Is basin size/volume adequate? ■ ❑ ❑ ❑
Comment:
Aeration Basins Yes No NA NE
Mode of operation EA.Air
Type of aeration system Diffused
Is the basin free of dead spots? ■ ❑ ❑ ❑
Are surface aerators and mixers operational? ❑ ❑ in ❑
Page# 4
Permit N000561e6 Owner-Facility: Fairview Elementary School
.Inspection.Date: 11/11/2000 _ Inspection Typo Compliance Evaluation
Aeration Basins Yes No NA NE
Are the diffusers operational? ® D D 0
Is the foam the proper color for the treatment process? ® 0 D Cl
Does the foam cover less than 25%of the basin's surface? O D D D
Is the DO level acceptable? 0 D
Is the DO level acceptable?(1.0 to 3.0 mgh) ® � 0 0
Comment:
Secondary Clarifier Yes No NA NE
lathe clarifier free of black and odorous wastewater? ® 0 0 0
lathe site free of excessive buildup of solids in center well of circular clarifier? 0 D ® D
Are weirs level? ® D D D
Is the site free of weir blockage? ■ D D Cl
Is the site free of evidence of short-circuiting? ® D 0 D
Is scum removal adequate? ■ ❑ 0 0
Is the site free of excessive floating sludge? ■ D D D
Is the drive unit operational? I I D ❑ ■ 0
Is the return rate acceptable(low turbulence)? ! ❑ D 0
Is the overflow clear of excessive solids/pin Floc? I® D D D
Is the sludge blanket level acceptable?(Approximately%of the sidewall depth) ■ ❑ ❑
Comment:
Standby Power Yes No NA NE
Is automatically activated standby power available? ■ D D D
Is the generator tested by interrupting primary power source? ■ D 0 0
Is the generator tested under load? ® D 0 D
Was generator tested&operational during the inspection? 0 Cl D
Do the generator(s)have adequate capacity to operate the entire wastewater site? 0 ❑ ❑
Is there an emergency agreement with a fuel vendor for extended run on back-up power? D D ■ D
Is the generator fuel level monitored? D Cl ■ D
Comment: The fuel source was recently converted from the on-site storage tank for
propane to a service line for natural gas.
Disinfection-Tablet Yea No NA NE
Page 5
Permit: NCO066788 Owner-Facility: Fairview Elementary School
Inspection date: 1111712008 Inspection Typo: Compliance Evaluation
Disinfection-Tablet Yes No NA NE
Are tablet chlorinators operational? ® 0 0 0 -
Are the tablets the proper size and type? ® 0 0 Cl
Number of tubes in use? 2
Is the level of chlorine residual acceptable? ! 0 0 Cl
Is the contact chamber free of growth,or sludge buildup? ® 0 0 0
Is there chlorine residual prior to de-chlorination? ■ ❑ 0 0
Comment:
De-chlorination Yes No NA NE
Type of system? ' Tablet
Is the feed ratio proportional to chlorine amount(1 to 1)? ■ 0 0 0
Is storage appropriate for cylinders? 0 0 ■ 0
#Is de-chlorination substance stored away from chlorine containers? ® D Cl 0
Comment:
Are the tablets the proper size and type? ® 0 0 0
Are tablet de-chlorinators operational? ■ ❑ 0 D
Number of tubes in use? 9
Comment:
Effluent Pipe Yes No NA NE
Is right of way to the outfall properly maintained? ■ 0 0 0
Are the receiving water free of foam other than trace amounts and other debris? ■ 0 0 0
If effluent (diffuser pipes are required) are they operating properly? D D ■ 0
Comment:
Operations&Maintenance Yes No NA NE
Is the plant generally clean with acceptable housekeeping? ■ D 0 0
Does the facility analyze process control parameters,for ex'. MLSS,MCRT,Settleable Solids,pH, DO,Sludge ■ 0 0 0
Judge, and other that are applicable?
Comment:
Pag+�#-6 __ _
u
BUNCOMBE COUNTY PUBLIC
SCHOOLS
MAINTENANCE DEPARTMENT
175 BINGHAM RD.,ASHEVILLE,NC 28806
TELEPHONE(828)232-4244
FAX(828)232-4249
1
- 3 2009
� 200
System Performance Annual Report " `I
Wastewater Treatment Facility DENR - WATER OUALI
TY
POINT SOURCE BRANC
I. General Information
• Facility/System Name: Fairview Elementary School
Responsible Entity: Buncombe County School System
Person in Charge: Belvin Hall Assistant Maintenance Director
• Telephone Number: (828) 232-4244
• Contract Operator in Responsible Charge: RPB Systems Inc.-Robert Barr
Telephone Number: (828) 251-1900
• Applicable Permit: NPDES NCO066788 Expires 12/31/2010
• Description of Treatment System:
The Fairview Elementary School wastewater treatment system is a 0.011 MGD
extended aeration package treatment system with influent pumps, equalization
basin, aerated sludge holding tank, chlorination and dechlorination equipment
and a flow recorder. This facility is located at the Fairview Elementary School, US
Highway 74 @ NCSR 2800 NW of Fairview, NC. The treated effluent discharges
into Cane Creek, part of the French Broad River Basin which is classified at C-
Trout waters.
II. Performance
Summary of System Performance for 2008:
Page 1 of 3
This facility is well maintained and in good operation condition. Records are
being maintained as required by their NPDES permit. The treatment facility had
no violations of their permit in 2008.
The treatment facility experienced no overflows or spills during 2008.
• 2008 Monthly Compliance Summary
• January 2008-Compliant
• February 2008-Compliant
• March 2008-Compliant
• April 2008-Compliant
• May 2008-Compliant
• June 2008-Compliant
• July 2008-Compliant
• August 2008-Compliant
• September 2008-Compliant
• October 2008-Compliant
• November 2008-Compliant
• December 2008-Compliant
• Listed below are the month Discharge Monitoring Report parameters as reported
to the Division of Water Quality in 2008.
Flow BOD TSS NH3N Fecal
Jan 0.01 19.8 12.2 4.4 2
Feb 0.01 12.8 15.7 0.5 6
Mar 0.01 17.5 29.2 8.2 14
April 0.01 17.7 20.8 1.9 26
May 0.01 11.2 7.9 0.1 7
June 0.01 9.9 11.4 0.1 2
July 0.01 3.5 2 0.1 4
Aug 0.01 9.1 8.7 1.4 9
Sept 0.01 5.4 6 0.2 11
Oct 0.01 9.2 9.3 4.8 8
Nov 0.01 8.3 4.9 0.3 11
Dec 0.01 6.4 4.2 1.27 12.5
Permit 0.011 30145 30145 No 200/400
Limits MGD mg/I mg/I limit col/100 ml
Page 2 of 3
t ,
• Corrective Actions: No corrective actions were required during 2008.
• Environmental Impact: There was no observable environmental impact from this
treatment facility during 2008.
Ill. Notification:
The availability of this report to parents of students and staff will be forwarded
to them via posting of this report on school information boards, by memorandum
and through regular PTA meetings.
IV. Certification
I certify under penalty of law that this report is accurate and complete to the best
of my knowledge. I further certify that this report has been made available to the
users or customers of this system and that those users have been notified of its
availability. I am aware that there are significant penalties for submitting false
information.
4—� t3 d
Signature Date
Belvin Hall, Assistant Director
Buncombe County Schools Maintenance
Page 3 of 3
7
RPB SY stems
Construction Services•Contract Operations•Malnleimnce
May 14,2007
Mr.Roger Edwards
North Carolina Department of
Environmental Health and Natural Resources
Water Quality Section
2090 U.S.Highway 70
Swannanoa,NC 28778
Re: Notice of Violation
NOV-2007-1,V-0223
NPDES Permit NCO066788 Buncombe County Schools
Fairview Elementary School
Buncombe County
Dear Mr.Edwards,
This letter is written on behalf of the Buncombe County Schools to provide information as to remedial
action taken to the above referenced facility. RPB Systems,Inc.is the contract operations firm,which
operates this facility.
The plant had a 980#/100ml daily maximum reported on 4-26-07. We did not have an indication of a bad
sample at the time. The shortfall of low or no chlorine residuals leaving the facility is trapped bacteria
within the dechlorination chamber. We have tried to keep these chlorine/dechlorination chambers as clean
as possible.
I ttLb.n
rustttyou will call if you have any further questions or concerns.
arr
Cc:Mr.Belem Hall
Ken Henson
File
J.- -s, l
MAY 1 ` 2007 L
1M1AI FRQUAIII / L.C--
A CVILLI I' t Ippi�,p 1 ICE
P.O. Box 1325 Asheville,N.C. 28802
(828)-251-1900 (828)-251-1945
'+. Michael P.Easley,Governor
�1 q ( William 0,Ross Jr,Sccretary
(� North Caroe...Depatlment ofEnvimnment and Natural Resources
rAlen W.Klimek,P.E.Director
O Y Divisionor Water Quelity
Asheville Regional Office
SURFACE WATER PROTECTION
April 26, 2007 1 L L." '''
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7006 2150 0005 2459 5816
Mr. R. Belvin Hall, Assistant Director, Maintenance
Buncombe County Board of Education
167 Craven Street
Asheville, North Carolina 28806
Subject: NOTICE OF VIOLATION
NOV-2007-LV-0223
Permit No. NCO066788
Fairview Elementary School WWTP
Buncombe County
Dear Mr. Hall:
A review of Fairview Elementary School's monitoring report for January 2007 showed the
following violation:
Parameter Date Limit Value Reported Limit Type
Value
Coliform, Fecal MF, M- 01/03/07 400 980 #/100ml Daily
FC Broth,44.5C #/100ml Maximum
Exceeded
Remedial actions should betaken to correct this.problem. The Division of Water Quality may pursue
enforcement action for this and any additional violations of State law.
If you should have any questions, please do not hesitate to contact Janet Cantwell at 828/296-4500.
Sincerely,
fge � Za
C. Edwards, Regional Supervisor
Surface Water Protection
cc: WQAsheville Files -
WQ Central Files
Bob Guerra / Enforcement Files
RPB-Systems TORC
Nor4 C.n,lma
2090 11.Highway 10, Swannanpa,N.C. 18111 82112 500500(Telephone) 828/299-0043(Fax) Cuslomer Service 871 823-8748 Val ally
�F WATF9 '""""' " Michael F.Easley,Governor
t1 0 '"� 4 ('"1 William G.Ross Jr.,Secretary
O G � rkK,ry�Ortti.Qaroilna Departure irvironment antl NaWralftasources
O � —^^^^•" ^ -�^ Division of Weter Quelily
Asheville Regional OtFce
SURFACE WATER PROTECTION
March 27, 2007
Mr. Belvin Hall, Assistant Director, Maintenance
Buncombe County Board of Education
167 Craven Street
Asheville, North Carolina 28806
SUBJECT: Compliance Evaluation Inspection
Status: Compliant
Buncombe County Board of
Education
Fairview Elementary School
Wastewater Treatment Plant
Permit No: NCO066788
Buncombe County
Dear Mr. Hall:
Enclosed please find a copy of the Compliance Evaluation Inspection form from
the inspection conducted on February 28, 2007. The facility appeared to be in
compliance with Permit # NC0066788. Mr. Henson is doing a fine job of operating this
facility.
Please refer to the enclosed inspection report for additional observations and
comments. If you or your staff have any questions, please call me at 828-296-4500, Ext.
4667.
Sincerely,
aanet Cantwell
Environmental Specialist
Enclosure
Cc: WQ Asheville Files, w/attachment
WQ Central Files, w/attachment
Ken Henson/ORC, RPB Systems, w/ attachment
IJpp�"�thCaro ippa
2090 U.S.Highway 70,Swannanoa,NC 28778 Telephone:(828)296-44500 Fax:(828)299-7043 Customer Service 1 877 623-6746
f C -11
United States Environmental Protection Agency Form Approved.
EPA Washington,D.C. OMB No.2040-0057
Water Compliance Inspection Re ort Approval expires B-31-98
Section A: National Data System Coding(i.e., PCS)
Transaction Cade NPDES yr/mo/day Inspection Type Inspector Fort,Type
1 Lj 2 t ,l 31 Nc00669Ba I11 121 09/02/28 117 181rt lglal 201
U LI Remarks LI LJ LJ
z,IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIB
Inspection Work Days Facility Self-Monitoring Evaluation Rating 81 CA ----------------Reserved-------------------
6yL..........j 69 701 LJ I 711L 72 I 731 I 74 ]5I I I I I I 180
Section B: Facility Data IJJ
Name and Location of Facility ImrMted(For Industrial Users discharging to POTW,also include Entry Time/Date Permit Effective Date
POND name and NPDES permit Number)
tgi.rvie+w 1?J.emen Lary CCF.00l
10:26 AM 07/02/28 06/01/01
155 Ceulotte I., Exit Time/Oate Permit Expiration Date
Fairview NC 28-130 1.1.:11, AM 01/02/28 1.0/12/31.
Names)of Onsite Respresentadve(s)Rtles(s)/Phone,and Fax Numbers) Other Facility Data
Name,Address of Responsible Offidain itlelPhone and Fax Number
aP'Lvi.O Pall.,169 Cravec .at Asfievil.le N ContactedC 29e1ffi//e2fl-232-9299/ No
Section C: Areas Evaluated During Inspection(Check only those areas evaluated)
Permit N Flow Measurement Operations&Maintenance N Records/Reports
Self-Monitoring Program ■Facility Site Review
Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary)
(See attachment summary)
Name(s)and Signatures)of lnspedar(s) Agency/OfBcelPhone and Fax Numbers Date
aanec: canrwell ,1L' G�� nao urC//828-29e-4500 ra.4e61/
��/
a ure of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Data
EPA Farm 3560-3(Rev 9-94)Previous editions are obsolete.
__Page# 1 ____
NPDES yrlmolday Inspection Type (eont:I 1
aL_ NCa0112 - It-12L a 7o2728 —J-i7—_ 19.,,ls
_
Section D: Summary of Finding/Comments(Attach additional sheetsof narrative and checklists as necessary)
Ken Henson/ORC assisted in the inspection of this facility.
The previous compliance evaluation inspection was conducted on November 17, 2005.
A review of the flies indicates that the permit expires December 31, 2010.
The aeration basin process control data on the day of the inspection:
Dissolved Oxygen = 1.18 mg/I -
Temperature = 11.0 degrees Celcius
pH =6.5 units
The effluent data on the day of the inspection:
Dissolved Oxygen = 1.57 mg/I
J Temperature= 11.3 degrees Celcius
pH = 6.45 units
The log book was present on-site and had good records of daily events.
The effluent was clear.
This facility appears to be well operated and maintained and the operator is doing a good
job.
Page# 2
Permit: NCO068788 Owner-Facility: Fairview Elementary School
Inspection Data: 02128/2007 mapectlon Type: Compliance Evaluation
Permit Yee No NA NE
(If the present permit expires in 6 months or less). Has the permiRee submitted a new application? ❑ ❑ ■ ❑
Is the facility as described in the permit? E ❑ 0 ❑
#Are there any special conditions for the permit? ❑ 0 ❑ ❑
Is access to the plant site restricted to the general public? ❑ ❑ ❑
Is the inspector granted access to all areas for inspection? ■ ❑ ❑ ❑
Comment:
Operations& Maintenance Yee No NA NE
Is the plant generally clean with acceptable housekeeping? ■ ❑ ❑ ❑
Does the facility analyze process control parameters,for ex:MLSS,MCRT, Settleable Solids,pH, DO,Sludge ■ ❑ ❑ ❑
Judge,and other that are applicable?
Comment:
Record Keeping Yee No NA NE
Are records kept and maintained as required by the permit? ■ ❑ ❑ ❑
Is all required information readily available, complete and current? ■ ❑ ❑ ❑
Are all records maintained for 3 years(lab. reg. required 5 years)? ❑ 0 ❑ ■
Are analytical results consistent with data reported on Dl ❑ ❑ ❑ ■
Is the chain-o&custody complete? ❑ ❑ ❑ ■
Dates,times and location of sampling ❑
Name of individual performing the sampling ❑
Results of analysis and calibration ❑
Dates of analysis ❑
Name of person performing analyses ❑
Transported COCs ❑
Are DMRs completer do they include all permit parameters? ■ ❑ ❑ ❑
Has the facility submitted its annual compliance report to users and DWQ? ■ ❑ ❑ ❑
(If the facility is=or>5 MGD permitted flow)Do they operate 24/7 with a certified operator on each shift? ❑ ❑ ■ ❑
Is the ORC visitation log available and current? ■ ❑ ❑ ❑
Is the ORC certified at grade equal to or higher than the facility classification? ■ ❑ ❑ ❑
Is the backup operator certified at one grade less or greater than the facility classification? ■ ❑ ❑ ❑
Is a copy of the current NPDES permit available on site? ■ ❑ ❑ ❑
Page# 3
Permit: NCO066788 Owner-Facility: Fainvew Elementary School
----- -- --Inspection-Date:-021281200Z_. ___.____ -_—__.__Anspection Type:..Compliance Evaluation _
Record Keeping Yea No NA NE
Facility has copy of previous year's Annual Report on file for review? ■ 0 0 0
Comment:
Equalization Basins Yes No NA NE
Is the basin aerated? 0 0 0 0
Is the basin free of bypass lines or structures to the natural environment? ■ 0 0 0
Is the basin free of excessive grease? ■ 0 0 ❑
Are all pumps present? ■ 0 0 ❑
Are all pumps operable? ■ 0 0 ❑
Are Float controls operable? ■ 0 0 0
Are audible and visual alarms operable? ■ 0 0 ❑
#Is basin size/volume adequate? ■ 0 0 ❑
Comment:
Aeration Basins Yes No NA NE
Made of operation Ext.Air
Type of aeration system Diffused
Is the basin free of dead spats? ■ 0 0 ❑
Are surface aerators and mixers operational? ❑ 0 ■ ❑
Are the diffusers operational? ■ 0 0 ❑
Is the foam the proper color for the treatment process? ■ 0 0 ❑
Does the foam cover less than 25%of the basin's surface? ■ 0 0 ❑
Is the DO level acceptable? ■ 0 0 ❑
Is the DO level acceptable?(1.0 to 3.0 ri ■ 0 0 ❑
Comment:
Secondary Clarifier Yes No NA NE
Is the clarifier free of black and odorous wastewater? ■ ❑ ❑ ❑
Is the site free of excessive buildup of solids in center well of circular clarifier? 0 0 ■ ❑
Are weirs level? - ■ 0 0 0
Is the site free of weir blockage? ■ 0 0 ❑
Is the site free of evidence of short-circuiting? ■ 0 0 ❑
Is scum removal adequate? ■ 0 0 0
Page# 4
Permit NCO086788 Owner-Facility: Fairview Elementary School
Inspection Date: 02128r2007 Inspection Type: Compliance Evaluation
Secondary Clarifier Yea No NA NE
Is the site free of excessive floating sludge? e 0 Cl ❑
Is the drive unit operational? 0 0 ■ 0
Is the return rate acceptable(low turbulence)? ■ D D 0
Is the overflow clear of excessive solids/pin floc? ■ D Cl 0
Is the sludge blanket level acceptable?(Approximately'/.of the sidewall depth) ■ 0 0 ❑
Comment:
Flow Measurement-Effluent Yes No NA NE
#Is flow meter used for reporting? ■ 0 0 0
Is flow meter calibrated annually? ■'0 D Cl
Is the flow meter operational? ❑ ❑ 0
(If units are separated)Does the chart recorder match the Flow meter? ❑ ❑ ■ ❑
Comment:
The last calibration was B/10l06.
Disinfection-Tablet Yes No NA NE
Are tablet chlorinators operational? ■ ❑ ❑ ❑
Are the tablets the proper size and type? ■ 0 Cl Cl
Number of tubes in use? 3
Is the level of chlorine residual acceptable? ❑ 0 0 ■
Is the contact chamber free of growth,or sludge buildup? ■ 0 0 0
Is there chlorine residual prior to de-chlorination? ❑ 0 0 ■
Comment:
De-chlorination Yes No NA NE
Type of system? Tablet
Is the feed ratio proportional to chlonne amount(1 to 1)? ■ 0 0 ❑
Is storage appropriate for cylinders? Cl Cl ■ ❑
#Is de-chlorination substance stored away from chlorine containers? ■ 0 0 Cl
Comment:
Are the tablets the proper size and type? ■ 0 0 D
Are tablet de-chlorinators operational? ■ 0 0 0
Number of tubes in use? 3
Page# 5
C"9 �
Permit: NC006698B Owner-Facility: Fairview Elementary School
------ - --Inspection Date:-02I2=00]— -------- ----- -Inspection-Type:-Compliances Evaluation-----
De-chlorination yes No NA NE
Comment:
Page# 6
pF V4AY'E9 � ' Michael P.9asley,Governor
William O.Ross Jr.,Secretary
YNorth Caroline Department gr6nvuonei(ent a�{¢Natural 5`o�it"ces
rjpyb Iry{S� ve
f t °ra Alei W.Kf'N Patm Qualtor
I? Y 6 ivie not°�Valer Qaality
Asheville Regional Office
SURFACE WATER PROTECTION
September 7, 2006
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7005 3110 0003 5474 0028
Marshall Roberts
Buncombe County Board of Education
175 Bingham Road
Asheville, North Carolina 28806
Subject: NOTICE OF VIOLATION
NOV-2006-LV-0431
Permit No. NCO066788
Fairview Elementary School WWTP
Buncombe County
Dear Mr. Roberts:
A review of Fairview Elementary School's monitoring report for June 2006 showed the
following violation:
Parameter Date Limit Value Reported Limit Type
Value
Coliform, Fecal MF, M- 06/27/06 400 600 #/100ml Daily
FC Broth,44.5C #/100ml Maximum
Exceeded
Remedial actions should be taken to correct this problem. The Division of Water Quality may pursue
enforcement action for this and any additional violations of State law.
If you should have any questions, please do not hesitate to contact Janet Cantwell at 828/296-4500.
Sincerely,
Roger C. Edwards, Regional Supervisor
Surface Water Protection
Cc: WQ Asheville Files
WQ Central Files
W frnEe�rienYFflds/B-a
Ken Henson/ORC, RPB Systems
C� 2090 U.S.Highway 70, Swannanoa,N.C. 28778 828/296.4500(Telephone) 828/299-7043(Fax) Customer Service 877-623-6748 /CYaFm�
�OF�VATF9Q /�l, � Michael F.Easley,Governor
t � William G.Ross Jr.,Secretary
0 G North Carolina Department of Environment antl Natural Resources
rAlan W.Klimek,P.E.Director
� y Division of Water Quality
O Y
Asheville Regional Office
August 25, 2006 �„„, `....
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7005 0390 00013553 1343
Marshall Roberts
Buncombe County Board of Education
175 Bingham Road
Asheville,North Carolina 28806
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 Permit NCO066788
Buncombe County Board of Education
Fairview Elementary School
Case No. LV-2006-0316
Buncombe County
Dear Mr. Roberts:
This letter transmits allotice of Violation and assessment of civil penalty in the amount of$476.82
($350-.00 civil penalty+ $126.82 enforcement costs)against Buncombe County Board of
Education.
This assessment is based upon the following facts: a review has been conducted of the discharge
monitoring report (DMR) submitted by Buncombe County Board of Education for the month of
March 2006. This review has shown the subject facility to be in violation of the discharge
limitations and/or monitoring requirements found in NPDES Permit NC0066788. The violations
which occurred in March 2006 are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that Buncombe County Board of
Education violated the terms, conditions or requirements of NPDES Permit NCO066788 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).
Based upon the above findings of fact and conclusions of law, and in accordance with authority
provided by the Secretary of the Department of Environment and Natural Resources and the
Director of the Division of Water Quality, I, Roger C. Edwards, Division of Water Quality
Regional Supervisor for the Asheville Region, hereby make the following civil penalty assessment
against Buncombe County Board of Education:
I
2090 U.S.Highway 70,Swannanoa,NC 28778 Phone:(828)296-4500 FAK299-7043 Customer Service 1-800623-7748
a,.
C)
1 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$100.00 NC0066788, by discharging wastewater into the waters of the.State
in violation of the Permit Daily Maximum limit for BOD.
1 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$250.00 NC0066788, by discharging waste water into the waters of the State
'.. in violation of the Permit Monthly Average limit for BOD.
$350.00 TOTAL CIVIL PENALTY
$126.82 Enforcement Costs
$476.82 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 days of receipt of this notice, you must do one of the following:
1. Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environment and Natural
Resources (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:
Point Source Compliance/Enforcement Unit
Division of Water Quality
1617 Mail Service Center
Raleigh,North Carolina 27699-1617
OR
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 contesfing whether the violations)
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 Quality 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 14313-282.1(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 the Division of Water Quality 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 Quality also requests that
you complete and submit the enclosed"Justification for Remission Request." Both forms should
be submitted to the following address:
Point Source Compliance/Enforcement Unit
Division of Water Quality
1617 Mail Service Center
Raleigh,North Carolina 27699-1617
OR
_--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
1 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 original and one (1) copy of the petition must be filed with the Office
of Administrative Hearings. The petition may be faxed -provided the original and one copy of the
document is received in the Office of Administrative Hearings within five (5)business days
following the faxed transmission. The mailing address for the Office of Administrative Hearings
is:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh,North Carolina 27699-6714.
Telephone(919) 733-2698 Facsimile: (919)733-3478
and
Mail or hand-deliver a copy of the petition to
General Counsel
Department of Environment and Natural Resources
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 Janet Cantwell of the Water Quality staff of the Asheville
Regional Office at 828-296-4500.
Sincerely,
Roge C. Edwards, Regional Supervisor
Surface Water Protection
Asheville Regional Office
ATTACHMENTS
cc: Regional Supervisor,w/attachments
Enforcement Files,w/attachments
Central Files, w/attachments
Kenneth Henson/ORC,w/attachments
JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: LV-2006-0316 County: Buncombe
Assessed Party: Buncombe County Board of Education
( Fairview Elementary School)
Permit No. NC0066788 Amount Assessed: $476.32
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. § 14313-282.1(c),remission of a civil penalty may be granted only when one or
more of the following five factors applies. 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 assessmentfactors 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:
I
STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
COUNTYOFBUNCOMBE .. -____.
- IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
'I OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND
STIPULATION OF FACTS
BUNCOMBE COUNTY BOARD OF EDUCATION
(FAIRVIEW ELEMENTARY SCHOOL)
i )
PERMIT NO. NCO066788 ) FILE NO. LV-2006-0316
Having been assessed civil penalties totaling$476.82 for violation(s)as set forth in the
assessment document of the Division of Water Quality dated August 25,2006,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.
1 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 Quality 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
ADDRESS
TELEPHONE
ATTACHMENTA
Buncombe County Board of Education
CASE NUMBER:LV-2006-0016
i
PERIgHT:NC0066788 FACILITY:Fairview Elementary School COUNTY:Buncombe REGION:Asheville _
Limit ViB dmi
MONITORING
OUTTALIJ VIOLATION UNITOF CALCULATED %OVER
PENALTY REPORT LOCATION PARAMETER DATE FREQUENCY MEASURE LIMIT VALUE LIMIT VIOLATION TYPE
$10000 3-2006 00 Effluent BUD 03/09/06 Weekly m9/I 45 140 211.11 Daily Maximum Exceedee
$250.00 3-2006 001 Effluent BCD 03131/oe Weakly m911 30 48.5 61.69 Monthly Average Exxxxvi
DIVISION OF WATER QUALITY-CIVIL PENALTY ASSESSMENT(FILE)
Violator: Buncombe County Board of Education(Fairview Elementary School)
(NC0066788)
County: Buncombe
Case Number: LV-2006-0316
ASSESSMENT FACTORS
As required by G.S. 143-214.6A(c),in determining the amount of the penalty I 4ered the factors
set out in G.S. 143B-282.1(b),which are;
1) The degree and extent of harm to the natural r- �Q-i „m,e.+�""" lie health,or to
private property resulting from the violation; ••v "77
Any discharge above allowable limits to surface wx
2) The duration and gravity of the violation;
The violations include one daily maximum for BOD of 140 mg/L with a daily maximum limit of 45
mg/L and a monthly average BOD of 48.5 mg/L with a monthly average limit for BOD of 30 mg/L.
3) The effect on ground or surface water quantity or quality or on air quality;
All NPDES permit effluent violations are detrimental to the receiving stream.
The daily maximum and monthly average for BOD were in excess of the allowable discharge limit.
4) The cost of rectifying the damage;
The cost is not quantifiable but is assumed to be de minimus.
5) The amount of money saved by noncompliance;
The amount of money saved would be included in the cost of operations and managing solids.
6) Whether the violation was committed willfully or intentionally;
The violation was inadvertent;however, it still had an effect on the receiving stream.
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 was one violation for a daily maximum of TSS for 12/05's DMR.
8) The cost to the State of the enforcement procedures.
$126.82
atteee Rog e C.E wards,Regional Supervisor
Surface Water Protection
Asheville Regional Office
OG \NATO ( 1 Michazl F.Eas1eY.Govemnr
94 / Wiiliena G.Agps,J.'Secretary
\Q (, NoMCamlina Depe ra fRi n ent and Nplarg re l Reaoues
�� "a Waliddedid-P^@Director
Division of Water Quality
Asheville Regional Office
SURFACE WATER PROTECTION
July 5, 2006
CERTIFIED MAIL
RETURN RECEIPT REQUESTED '7005 0390 00013553 0957
Marshall Roberts
Buncombe County Board of Education
175 Bingham Rd
Asheville NC 28806
Subject:. NOTICE OF VIOLATION
Permit No. NCO066788
Fairview Elementary School
Buncombe County
Dear Mr Roberts:
A review of Fairview Elementary School's monitoring report for April 2006 showed the following
violations:
Parameter Date Limit Value Reported Value Limit Type
Solids, Total Suspended 04/30/06 30 mg/I 32.25 mg/I Monthly
Average
Exceeded
Remedial actions should be taken to correct this problem. The Division of Water Quality may pursue
enforcement action for this and any additional violations of State law.
To prevent further action,carefully review these violations and deficiencies and respond in writing to this office
within 15 working days of receipt of this letter. You should address the causes of non-compliance and all
actions taken to prevent the recurrence of similar situations. If there are questions, please contact Mr.James
Reid at 828/296-4500.
Sincerely,
fti R0 r C. Edw nRegional
Supervisor
rS f r Protection
Enclosure
c;�`WQ=Central=F-ilee- - --- -
Danny Smith, Compliance Oversight
2090 U.S.Highway 70, Swannanoa,N.C. 28778 828/296-4500(Telephone) 8281299-7043(Fax) Customer Service 877-623-6748 tC�f a
EFFLUENT 7-5 r
NPDESPERMITNO. NCO066788 DISCHARGENO. 001 MONTH Aplff' YEAR 2006
FACILITY NAME Buncombe Co. Sch.-Fairview ElementarQLAS80c= COUNTY . Buncombe
OPERATOR IN RESPONSIBLE CHARGE(ORC) Ken Henson GRADE III PHONE (828)-251-1900
CERTIFIED LABORATORIES(1) Pace Analytical (2)
CHECK BOX IF ORC HAS CHANGED L`J PERSON(S)COLLECTING SAMPLES Ken Henson
Mail ORIGINAL and ONE COPY to- /
ATTN:CENTRAL FILES E 4. ( r,_
DIVISION OF WATER QUALITY ` .en /18/06
CSI ATUREOF OPERA RINRESPONSD3LE CHARGE) D
1617 MAIL SERVICE CENTER BY THIS SIGNATURE,I CERTIFY THAT THIS REPORT IS
RALEIGH,NC27 6 9 9-1617 ACCURATE AND COMPLETE TO THE BEST OF MY KNOWLEDGE.
50050 0010 0900 0060 0310 0610 0530 161
2 FLOW
6 ` n
L d r• EGF
INIF
3 w 5
RRs aRs vBm MGnD gree S.O. OGL MG/L Mu MG/14 100 L
��'^i.. . �' � ",,s a_, y,; „ ��.. y.iva ". sri �°� �' :.'..E,ex;4 ` .ems'.. ,txt " .ci• . ,<...;�.
2
#9 2a0i0H 0.6 �sY y}
6 020 0.9 ,m,.Y 2B4.0
]0 200 1.5 Y
12 320 1.0 Y 28. 0
14 300 1 0 Y
.7.�,.�,. •',¢`' my>�,as a. xI'w' fi7,". Yz 1- � 6 ti
18 230 0.7 Y 0 0080 20 0 6.8 28��0 15 0 1.1 39.0 20.0 � � � i
20 900 0.5 Y.
t s
t2 ,a�, i _ 11P lJ Y6EC lON
4 x�
?IS '030 0.8 �� �� ,x7rx., �� ��§", `` � s`7 r to 9, �' Fri ;"FORA .a•, .: ,
�.s i'29 a .l l�.d ,'0?�..u`a l:•°' �t �,. w .a�1x"s-.. it�,. 9 a LWfa,rrr �t
26 215 1.0 4�Y y-_ -
.$.
2S yyg30 0.9 Y 28.0
30
., - ...ti..n.
AVERAGE 0.0090 17.3 0.0 29.5 0. 9 32.3 9..9
`. nMA •,'• 1T✓�19b 0:: ,F6.. "746ti'.b -.9.,5 C 77.'-.e(Sr -
MIrvIMUM 0.0080 15.2 6.9 28.0 15.0 0.7 21.0 <L.0 - ..
Monthly Limit 0.0120 8.00 0.00 30.0 00.0
DWQ Form MR-1.1(Ot/00)
Facility Slams-please check one of the following: ,/
JAll monitoring data and sampling frequencies meet permit requirements Compliant
Monitoring data and/or sampling frequencies do NOT meet permit requirements Noncompliant
If the facility is noncompliant, please comment on corrective actions being taken in respect to equipment, operation, maintenance, etc.,
tProviding some table for cum letion ofim rovements.
' "I certify, under penalty of law, that ins document and all attachments were prepared under my direction or supervision in accordance
with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquire of
the person or persons who menage the system, or those persons directly responsible for gathering the information, the information
a sutrained is, to the best of my knowledge and belief, me,accurate, and complete. I am aware that there are significant penalties for
! submitting false information,including the possibility of fines and imprisonment for knovang violations."
Buncombe Count Schools
Perthmde,(Pleas tut or type) (
Signature ofPermime, Dgpjm
167 Craven Street Asheville, NC 28806 (828 ) -232-4244
Pemtinee Address Phone Number Permit Ex ration ban,
i
( PARAMETER CODES
toolo Tcarmmm 00076 Turbidiry o0080Co1ar(FiLO) 00082CokrIADMI) 00095 Conductivity
scale morainal Oxygm 00310BODa OOI4000D , ODmOpR 00A0TS5
W545 Sm1eablc Matter 065560H&Goast 00600Total N1.1. 00610Ammmia.Nnogen 00625 Kjeldhal Minton
oo665Tou1 Phosphotus I07]OCyamde _ W745 Total Sulfide 00927 Total Magnoum
y Win Total sodium 00940 Total Chloride M51 Total F an& 01002 Tool Anne 01027 C dmium
7p 0I032 Hcundern Chromium 01034 Clunnhon 0037 Tsul Cobalt OIOQCopptr too
II 010511 d 01067 Mead oloviilver 01092 Z. 01105 Aluminum
i1 01147 Selenium 31616 Fetal Colifmm 32730 Taal Phenelict 34225 B. 34481 Toluene
d 38260 MBAs 39316 PCBs Some, Flaw - SW60 RUW0tl onion. 71880 Formaldehyde
719M Mercury. n5j1 %yleno,
Parameter Code assistance maybe obtained 1by calling the Division's Point Source Compliance/Enforcemcnt Unit at(919)733-5083 or
byvisifingthcNPDESwebsi(eathtLD://h2o.Z[,smie.ne.us/NPDE and visiting the"Documents"section.
The monthly average for fecal coliform is to reported as a GEOMETRIC mean. Use only units designated in the reporting facility's
permit for reporting data.
W ORC must visit facility and document visitation offacility,as required per 15A NCAC SA.0202(b)(5)(B).
If signed by other than the petminec, delegation of signatory authority musr be on file with the state per 15A NCAC 28 0506(b)(2)
(D).
DWQ Farm MR-I.I (Revised 7/2000)
RPB Systems ,.,p ,e ,, am
P0.8 I325 AelSub,NC 28802
Ooms cdon8e ces•Contract Opwattons-Maintenance �� � -_ (828);2511900� (828)Z51-1945FU
i i r
March 16, 2006
MAR 1 7 2006
North Carolina Division of Water Quality
Central Files
1617 Mail Service Center -
Raleigh,NC 27699-1617
Re: 2005 Annual Performance Report- Buncombe Comity Schools-Fairview Elementary
Schoo1NC0066788
As per the requirement within NPDES permit NCO066788 this letter is to provide a
summary of the performance of our wastewater treatment system with respect to
applicable Federal and State laws, and regulations and rules pertaining to water quality.
A summary of our monthly reporting results is a follows:
Flow BOD TSS NH3N Fecal
Jan 0.0075 8.8 6.8 6.2 1.0
Feb 0.008 14.3 15.2 6.5 1.0
Mar 0.0076 8.0 9.7 1.7 1.0
April 0.008 5.0 9.2 0.7 2.9
May 0.008 7.0 8.2 0.8 1.2
Jun 0.0047 2.3 5.7 0 2.2
Jul 0.004 2.3 3.2 0 1.4
Aug0.006 11.4 8.9 3.2 6.8
Set 0.008 3.5 5.8 1.8 1.7
Oct 0.0077 2.0 6.7 0.4 1.4
Nov 0.0098 9.0 6.9 0.7 1.2
Dec 0.0074 15.2 23.6 4.5 1.7
Permit .011
30146 30
Limits M GD
/45 2001400
The facility had a one TSS violation in December with a Max of 46.
If you have any questions or concerns,please contact us anytime.
Robert Barr
Cc: Belvin Hall, Buncombe County Schools
�pWATF S
ah II EasleZ, rnqor
r Ih Ross 1� 3ecrem
North Carolina Departman o vimi ent Mt..lii9$4rces
O
Alan W.Klimek,P.C.Dirce[or
Division of Water Quality
November 17, 2005
Mr Belvin Hail
Buncombe County Board of Education
167 Craven Street
Asheville, North Carolina 28806
Subject: Compliance Evaluation Inspection
Status: In Compliance
Fairview Elementary School
Permit# NC0066788
Buncombe County
Dear Mr. Talbert:
Enclosed please find a copy of the Compliance Evaluation Inspection from the inspection conducted on
November 2, 2005 by Don Price, Starr Silvis, and Janet Cantwell of this office. The facility was well-
maintained and appeared to be operating within permit limits at the time of the inspection.
If you have any questions or need assistance, please do not hesitate to contact me at 828-298-4500.
Sincerely,
t
a et Cantwe
nvlronmental Technician
Xc: Central Files
Robert Barr, ORC
Naturally
-- - NoiYhC-aroLn`n
North Camlius Divisionof Wate,Quality 20900.S.Highway 70 Swannarar ,NC 28779 Phase(828)296-4500 Customer Service Hemeth2o.emsteta-0Fu9
PAX (828)299-7043 1-877-623-6748
An Equal OppodunitylAf rmative Action Employer-50%Recyded110%Post Consumer Paper
United Steles Environmental Protection Agency
EPA Washington,Di 20461 Form Approved.
OMB No.2040-0057
Water Compliance inspection Report Approval expires 8-31-95
Section A: National Data System Coding(i.e., PCS)
[Tiran,sector Code NPDES yrlmo/day Inspection Type Inspector Fee Type
2 I BI 31 N0006678B Ill 121 05/11/02 V 181 rl i9J 201
I1
21 I I 11 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Rtemtarkl I I I I I J Ll
6
Inspection Work Days Facility Self-Manitrong Evaluation Rating B1 CA -------------------------Reserved----------
671 169=28730
]01 �1 ]t1ul 721ul ]31 74 751 I 1 ----�-80
C Section 6: FacililJ Data J LLJ
andcation of Facility Inspected(For Industrial Users discharging to POTW,tied Include Entry TimelDate Permit Effective Date
and NPDES permit Number)
lementary S0hoo1. 03:45 PM 05/11/02 01/02/01
otte ttwy Exit Time/Date Permit Expiration Date
C 2873004:15 PM 05/11/02 05/ID/31
slte Representative(s)/rittes(s)IPhcne and Fax Numbers) Other Facility Data
Richard Morgan Swilling/ORC/828-251-1900/
Name,Address of Responsible ORcial/ritle/Phone and Fax Number
Kelvin Hall,167 Craven St Aahaville NC 28806//828-232-4244/ Contacted
No
Section C: Areas Evaluatetl During Inspection(Check onlythose areas evaluated)
Permit Flow Measurement Operations&Maintenance Records/Reports
Self-Monitoring Program ■Fatuity Site Review Effluent/Receiving Waters
Section D: Summar of Finding/Comments(Attach additional sheets of narrative and checklists as necessary)
(See attachment summary)
Name(s)and Signature(s)of lnspector(s) Agency/Office/Phone and Fax Numbers Date
Janet Cantwell ARD WD//928-296-4500 Ex1.4661/
r�
Signature of Management O A Revlmer Agency/Officelithone and Fax Numbers Date
EPA Form 3560-3(Rev 9-94)Previous editions are obsolete.
Page# 1
NPi ___y_r/mo/day ____Inspection Type_.____ . . 1--_._--
3 NCO066788 11 12I 05/11/02 11 18 LC
Section D. Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary)
Don Price, Starr Silvis,.and I met with operators Bob Barr and Rick Swilling on site. The facility appeared to
be clean and well-maintained.
Bob Barr and Rick Swilling's time and assistance in conducting the inspection is appreciated.
1
I
I
I
l
I Page# 2
Permit: NC0066788 Owner-Facility: Fairview Elementary School
Inspection Date: 11/02/2005 Inspection Type: Compliance Evaluation
Permit
Yes No NA NE
(If the present permit expires in 6 months or less). Has the permutes submitted a new application? ■ 0 0 0
Is the facility as described in the permit? ■ 0 0 0
#Are there any special conditions for the permit? ❑ ■ 0 0
Is access to the plant site restricted to the general public? ■ 0 0 I-1
Is the inspector granted access to all areas for inspection? ■ I71 0 0
Comment: The permit will expire on December 31, 2005. The renewal application
was received in Raleigh on March 8, 2005.
Operations &Maintenance Yes No NA NE
Is the plant generally clean with acceptable housekeeping? ■ 0 0 0
Does the facility analyze process control parameters,for ex:MLSS, MCRT,Settleable Solids,pH, DO,Sludge ■ 0 0 0
Judge,and other that are applicable?
Comment:
Bar$pr@@n3 Yes No NA NE
Type of bar screen
a.Manual
■
b.Mechanical 0
Are the bars adequately screening debris? 0 0 Cl
Is the screen free of excessive debris? ■ 0 0 0
Is disposal of screening in compliance? ■ 0 0 I-1
Is the unit in good condition? ■ ❑ fl ❑
Comment:
Equalization Basins vas No NA NE
Is the basin aerated? ■ 0 I-1 0
Is the basin free of bypass lines or structures to the natural environment? ■ 0 0 0
Is the basin free of excessive grease? ■ 0 Cl Cl
Are all pumps present? ■ Cl 0 0
Are all pumps operable? ■ 0 0 0
Are float controls operable? I1. 0 fl ■
Are audible and visual alarms operable? 0 0 ❑ ■
#Is basin size/volume adequate? 0 11 0 ■
Comment:-
Page# 3
Permit: NG0066756 owner-Facility: Fairview Elementary School
Inspection Date:11102I2005 Inspection Type: Compliance Evaluatloh
Secondary Clarifier Yes No NA NE
Is the clarifier free of black and odorous wastewater? ❑ fl
Is the site free of excessive buildup of solids in center well of circular clarifier? ❑ ❑ N n
Are weirs level?
Is the site free of weir blockage? m n Elfl
Is the site free of evidence of short-circuiting? - E n n n
Is scum removal adequate? m n fl
Is the site free of excessive floating sludge? 0 n n
Is the drive unit operational? n n
0 El
Is the return rate acceptable(low turbulence)? m n n n
Is the overflow clear of excessive solids/pin floc? 0 n fl n
Is the sludge blanket level acceptable?(Approximately Y4 of the s clewel depth) ❑ ❑ n E
Comment:
Aeration Basins Yee No NA NE
Mode of operation Ext.Air
.I Type of aeration system Diffused
Is the basin free of dead spots? ❑ ❑ fl
Are surface aerators and mixers operational? ❑ n N
Are the diffusers operational? n n 0
Is the foam the proper color for the treatment process? 0 n ❑ ❑
Does the foam Cover less than 25%of the basin's surface? ■ n n ❑
Is the DO level acceptable? ❑ n ❑
Is the DO level acceptable?(1.0 to 3.0 ni ❑ n n
Comment:
1 Disinfection-Tablet Yes No NA NE
1
Are tablet chlorinators operational? ■ ❑ ❑ ❑
Are the tablets the proper size and type? ■ ❑ ❑ ❑
Number of tubes in use? 2
Is the level of chlorine residual acceptable? ❑ ❑ [l ■
Is the contact chamber free of growth,or sludge buildup? ■ n 0 ❑
Page# 4
r)
Permit: NC0086788 Owner-Facility: Fairview Elementary School
Inspection Date: 11/02/2005 Inspection Type: Compliance Evaluation
Disinfect on-Tablet
Yes No NA NE
Is there chlorine residual prior to de-chlorination? Cl ❑ E
Comment:
De-chlorination Yes No NA NE
Type of system? Tablet
lathe feed ratio proportional to chlorine amount(1 to 1)? 0
Is storage appropriate for cylinders? ❑ N ❑
#Is de-chlorination substance stored away from chlorine containers? ❑ ❑
Comment:
Are the tablets the proper size and type? Q D ❑
Are tablet de-chlorinators operational? 0 fl
Number oftubes in use? a
Is the feed ratio proportional to chlorine appropriate?(Approximately ratio 1:1) ■ ❑ ❑ fl
Comment:
Flow Measurement-Effluent Yes No NA NE
#Is flow meter used for reporting? m ❑ 0 ❑
Is flow meter calibrated annually? ❑ 11fl
Is the flow meter operational fl
11
(If units are separated)Does the Chart recorder match the flow meter? E 0 [I ❑
Comment: Facility has an independent contractor come by and calibrate the flow
meter on an annual basis.
Record Keeping Yes No NA NE
Are records kept and maintained as required by the permit? m ❑ ❑ ❑
Is all required information readily available, complete and current? ■ 11 ❑ ❑
Are all records maintained for 3 years(lab. mg. required 5 years)? ❑ ❑ ❑ m
Are analytical results consistent with data reported on DMRs? I] ❑ ❑ 1111
Is the chain-of-custody complete?
Dates,times and location of sampling
Name of individual performing the sampling
Results of analysis and calibration fl
Dates of analysis fl
Page# 5
Permit NCO066788 Owner-Facility: Fairview Elementary School_ _
� nsp¢ction Date: 11/02/2005 Inspection Type: Compliance Eveluahon
{
Record Keeping Yes No NA, NE
'j Name of person performing analyses
Transported COCs
l Are DMRs complete:do they include all permit parameters?
Has the facility submitted its annual compliance report to users and DWQ? ❑ ❑ ❑ a
(If the facility is=on 5 MGD permitted flow)Do they operate 24/7 with a certified operator on each shift? ❑ ❑ ■ ❑
Is the ORC visitation log available and current? 0
Is the ORC certified at grade equal to or higher than the facility classification? 0 ❑
Is the backup operator certified at one grade less or greater than the facility classification? In ❑ ❑ ❑
Is a copy of the current NPDES permit available on site? ❑ ❑
IIi Facility has copy of previous year's Annual Report on file for review? ❑ ❑ ❑
l Comment: There is no record of the annual compliance report in the files.
I
I
Page# 6
W4t0,Rgs0 arcs s
ENVIR4tdt AL QUALITY
Certified Mail # 7017 2620 0000 9759 5473
Return Receipt Requested
May 16, 2018
Clark Wyatt
Buncombe County Schools
175 Bingham Rd
Asheville, NC 28806
SUBJECT: Notice of Violation and Assessment of Civil Penalty
for Violations of North Carolina General Statute (G.S.) 143-215.l(a)(6)
and NPDES WW Permit No. NCO066788
Buncombe County Schools
Fairview Elementary School WWTP
Case No. LV-2018-0103
Buncombe County
Dear Permittee:
Gotenaat
MIC)KAEL, S- R_ F{r{i A
11A.CLTLPEPPER
`Inta�r'»i I�rr�cfo*
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $218.68 ($100.00 civil penalty +
$118.68 enforcement costs) against Buncombe County Schools.
This assessment is based upon the following facts: a review has been conducted of the Discharge Monitoring Report
(DMR) submitted by Buncombe County Schools for the month of September 2017. 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.
NC0066788. The violations, which occurred in September 2017, are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that Buncombe County Schools violated the terms, conditions or
requirements of NPDES WW Permit No. NCO066788 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).
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 Buncombe
County Schools:
State of North Carolina I Environmental Quality I Water Resources
2090 U.S. 70 Highway, Swannanoa, NC 28778
828-296-4500
$100.00 1 of the 1 violations of 143-215.1(a)(6) and Permit No.NC0066788, by discharging waste 7il
the waters of the State in violation of the Permit Daily Maximum for BOD - Conc.
$0.00 0 of the 1 violations of 143-215.1(a)(6) and Permit No.N00066788, by discharging waste water into
the waters of the State in violation of the Permit Monthly Average for BOD - Conc.
$100.00 TOTAL Cl VIL PENALTY
$118.68 Enforcement Costs
$218.68 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
V
:Submit a written request for remission or mitigation including a detailed justification for such
reques:
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 14313-282.1(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 th' (ut Q0) 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
Option 3: File a petition for an administrative hearing with the Office of Administrative Hearings:
,qlm
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: (919) 431-3000
Fax: (919) 431-3100
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 Janet Cantwell with the Division of Water Resources staff of the Asheville
Regional Office at (828) 296-4667 or via email atjane t.cantwell@ncdenr.gov.
Sincerely,
G. Landon Davidson, P.G., Regional Supervisor
Water Quality Regional Operations Section
Asheville Regional Office
Division of Water Resources, NCDEQ
ATTACHMENTS
Ec: DWQ Laserfiche
G'\q'R`iti'Q''.[3uncombe\R'aste;.ater\Minors\Fairview Elementary 66788\D\dR Viola[ions':2P1305I6_NC9066^SS_LV• 018,,103 rf
PV
JUSTIFICATION FOR REMISSION REQUEST
Case Number: LV-2018-0103 County: Buncombe
Assessed Party: Buncombe County Schools/ Fairview Elementary
Permit No.: NC0066788 Amount Assessed: $218.68
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. 14313-282.1(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:
STATE OF NORTH CAROLINA
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST
Buncombe County Schools
Fairview Elementary School
PERMIT NO. NCO066788
DEPARTMENT OF ENVIRONMENTAL QUALITY
WAIVER OF RIGHT TO AN
ADMINISTRATIVE BEARING AND
STIPULATION OF FACTS
CASE NO. LV-2018-0103
Having been assessed civil penalties totaling $218.68 for violation(s) as set forth in the assessment document of the Division
of Water Resources dated May 16, 2018, 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
ADDRESS
TELEPHONE
Orr ATTACHMENT A
Buncombe County Schools
CASE NUMBER: LV-2018-0103
PERMIT: NCO066788
REGION:
Asheville
FACILITY: Fairview Elementary School
COUNTY:
Buncombe
LIMIT VIOLATION(S)
SAMPLE LOCATION: Outfall 001 - Effluent
Violation Report
Unit of
Limit
Calculated % Over
Violation
Penalty
Date MonthNr Parameter
Frequency
Measure
Value
Value Limit
Type
Amount
9/19/2017 9-2017 BOD, 5-Day (20 Deg.
Weekly
mg/I
45
61.1 35.8
Daily
$100.00
C) - Concentration
Maximum
Exceeded
9/30/2017 9-2017 BOD, 5-Day (20 Deg.
Weekly
mg/I
30
33.98 13.3
Monthly
$0.00
C) - Concentration
Average
Exceeded
DIVISION OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT (File)
Fiolator 7uncombe County Schools
Facility Name: Fairview Elementary School WWTP
Permit Number: NCO066788
County: Buncombe
Case Number: - LV-2018-0103
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 BOD exceeded the permit limit by 35.77%.
One Monthly Average exceeded the permit limit by 13.25%.
3) The effect on ground or surface water quantity or quality or on air quality;
All effluent violations may be detrimental to the receiving stream but may not be immediately quantified.
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.
The amount of money saved would include the cost of excess solids removal and additional aeration. It
would also include more operating and maintenance time on site and the cost of additional chemical
treatment.
The amount of money saved would include the cost of collection of the additional samples and the cost of
analyzing them at a certified lab.
6) Whether the violation was committed willfully or intentionally;
It does not appear to be either.
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 no civil penalty enforcements in the twelve months prior to this violation.
8) The cost to the State of the enforcement procedures.
$118.68
5/17/2018
Date G. Landon Davidson, P.G., Regional Supervisor
Water Quality Regional Operations Section
Asheville Regional Office
Division of Water Resources, NCDEQ
NPDES PERMIT NO.: NCO066788
FACILITY NAME: Fairview Elementary School
OWNER NAME: Buncombe County Schools
GRADE: WW-2
eDMR PERIOD: 09-2017 (September 2017)
PERMIT VERSION: 4.0
CLASS: WW-2
ORC: Richard Morgan Swilling
ORC HAS CHANGED: No
VERSION: 1.0
PERMIT STATUS: Active
COUNTY: Buncombe
ORC CERT NUMBER: 985285
STATUS: Processed
SAMPLING LOCATION: EFFLUENT DISCHARGE NO.: 001 NO DISCHARGE*: NO
l�
q
_
e
e
U
-
u`
a
F'
a
g
b
O
e
o
b
O
�
o
m
O
a
&
a`
z
50050
00010
00400
50060
C0310
C0610
C0530
31616
Weekly
Weekly
Weekly
2 Xweek
Weekly
2 X month
Weekly
Weekly
Instantaneous
Grab
Grab
Grab
Grab
Grab
Grab
Grab
FLOW
TEMP-C
pH
CHLORINE
BOD - Con,
NH3-N-Cone
TSS - Cone
FCOLI BR
2400 clock
Hrs
2400 clack
Rrs
Y/B/N
mgd
deg c
su
ug/I
mg/l
mg/I
mg/I
#/100ml
11
1010
0.58
Y
2
3
4
HOLIDAY
5
1520
0.75
Y
6
1115
1.0
Y
0.0025
21.3
6.9
28
39.1
0.69
5.1
< 1
7
1655
0.42
Y
21
S
1
11255
10.58
Y
9
10
11
1310
0.58
Y
'
12
1350
0.42
Y
13
1640
10.58
Y
20
14
1210
0.83
Y
0.003
18.4
6.8
31
18.1
4.1
< 1
is
1110
0.50
Y
16
17
18
1635
10.58
Y
19
1145
0.58
Y
0.003
20.4
6.8
27
61.1
0.32
4.8
< I
20
1610
0.58
Y
25
21
1010
0.58
Y
22 11225
0.50
Y
23
24
25
1555
0.75
Y
26
11120
0.67
Y
0.003
21.1
7.2
28
17.6
< 1
< I
27
1425
0.67
Y
30
28
1245
0.25
B
29
1225
0.25
B
30
Monthly Average Limit:
0.011
30
30
200
Monthly Average:
0.002875
20.3
26.25
33.975
0.505
3.5
1
Daily Maximum:
0.003
21.3
7.2
31
61.1
0.69
5.1
0
Daily Minimum:
0.0025
18.4
6.8
20
17.6
0.32
0
0
* * ** No Reporting Reason: ENFRUSE = No Flow-Reuse/Recycle; ENV WTHR = No Visitation - Adverse Weather; NOFLOW = No Flow; HOLIDAY = No Visitation - Holiday
NPDES PERMIT NO.: NCO066788
FACILITY NAME: Fairview Elementary School
OWNER NAME: Buncombe County Schools
GRADE: WW-2
eDMR PERIOD: 09-2017 (September 2017)
COMPLIANCE STATUS: Non -Compliant
PERMIT VERSION: 4.0
CLASS: WW-2
ORC: Richard Morgan Swilling
ORC HAS CHANGED: No
VERSION: 1.0
CONTACT PHONE #: 8282511900
PERMIT STATUS: Active
COUNTY: Buncombe
ORC CERT NUMBER: 985285
STATUS: Processed
SUBMISSION DATE: 10/16/2017
10/16/2017
ORC/Certifier Signature: Richard Morgan Swilling E-Mail:rswilling@rpbsystems.com Phone #:828-251-1900 Date
By this signature, I certify that this report is accurate and complete to the best of my knowledge.
The permittee shall report to the Director or the appropriate Regional Office any noncompliance that potentially threatens public health or the environment.
Any information shall be provided orally within 24 hours from the time the permittee became aware of the circumstances. A written submission shall also be
provided within 5 days of the time the permittee becomes aware of the circumstances.
If the facility is noncompliant, please attach a list of corrective actions being taken and a time -table for improvements to be made as required by part II.E.6 of
the NPDES permit.
10/16/2017
Permittee/Submitter Signature:*** Robert Patrick Barr E-Mail:rbarr@rpbsystems.com Phone #:828-251-1900 Date
Permittee Address: 1355 Charlotte Hwy Fairview NC 28730 Permit Expiration Date: 12/31/2020
I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed
to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who managed the
system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true,
accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for
knowing violations.
LAB NAME: Pace
CERTIFIED LAB #: 40
PERSON(s) COLLECTING SAMPLES: Rick Swilling
CERTIFIED LABORATORIES
PARAMETER CODES
Parameter Code assistance may be obtained by calling the NPDES Unit (919) 807-6300 or by visiting http://portal.ncdenr.org/web/wq/swp/ps/npdes/forms.
FOOTNOTES
Use only units of measurement designated in the reporting facility's NPDES permit for reporting data.
* No Flow/Discharge From Site: Check this box if no discharge occurs and, as a result, there are no data to be entered for all of the parameters on the DMR
for entire monitoring period.
** ORC on Site?: ORC must visit facility and document visitation of facility as required per 15A NCAC 8G .0204.
*** Signature of Permittee: If signed by other than the permittee, then delegation of the signatory authority must be on file with the state per 15A NCAC 2B
.0506(b)(2)(D).
NPDES PERMIT NO.: NC0066788
PERMIT STATUS: Active
FACILITY NAME: Fairview Elementary School
OWNER NAME: Buncombe County Schools
GRADE: WW-2
eDMR PERIOD: 09-2017 (September 2017)
Report Comments:
Daily max exceeded, adjusted air times.
PERMIT VERSION: 4.0
CLASS: WW-2
ORC: Richard Morgan Swilling
ORC HAS CHANGED: No
VERSION: 1.0
COUNTY: Buncombe
ORC CERT NUMBER: 985285
STATUS: Processed
Wager R��ource�s_
r�wt�orat�Er�r��.au�i
Certified Mail # 7017 2620 0000 9759 5350
Return Receipt Requested
April 10, 2018
Clark Wyatt
Buncombe County Schools
175 Bingham Rd
Asheville, NC 28806
SUBJECT: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY
Tracking Number: NOV-2018-LV-0229
Permit No. NCO066788
Fairview Elementary School WWTP
Buncombe County
Dear Permittee:
ir.�� ICi�OPER
FSecrefm}=
TiIVDA:CULPEPPER:
Jttterr�n%�1are�fv
A review of the September 2017 Discharge Monitoring Report (DMR) 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) - 9/19/2017 45 61.1 Daily Maximum Exceeded
Concentration (C0310)
001 Effluent BOD, 5-Day (20 Deg. C) - 9/30/2017 30 33.98 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 Enviromnental 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 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.
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,
G. Landon Davidson, P.G., Regional Supervisor
Water Quality Regional Operations Section
Asheville Regional Office
Division of Water Resources, NCDEQ
Ec: Laserfiche
G:\WR\WQ\Buncombe\Wastewater\Minors\Fairview Elementary 66788\DMR Violations\20180410_NC0066788_NOVN012018LV0224.rtf
EFFLUENT
NPDES NO: NCO066788 DISCHARGE NO: 001
FACILITY NAME: Buncombe County Schools -Fairview Elem CLASS:
OPERATOR IN RESPONSIBLE CHARGE (ORC): Richard Swilling GRADE:
CERTIFIED LABORATORIES (1): Pace Analytical (2)
CHECK BOX IF ORC HAS CHANGE1k-----' ,_ ;a to f� - PERS N(S) COLLECTING SAMPLES:
�.:.i t ee..r s s r D
MAIL ORIGINAL AND ONE COP TO: `mSion of vvalur :v+ S;omCCO
ATTN: CENTRAL FILE
Division of Water Quality
DENR J U N- 2 014 X )
MONTH: April YEAR: 2014
II COUNTY: Buncombe
II Phone: 828-251-1900
1611 Mail Service Center (SIGNA URE OF OPERATOR IN RESP&SIBLE CHARGE)
Raleigh, NC 27699-1617 BY THIE SIGNATURE, I CERTIFY THAT THIS REPORT IS
Water Qv-, fty Re!iionr l operatloffiCU TE AND COMPLETE TO THE BEST OF MY KNOWLEDGE.
Richard Swilling
DATE
nano/ n (N r)nill.
D7A'
'.1 (Rev Rllal
/6 / ® 5
Facility Status: (Please check one of the following)
All monitoring data and sampling frequencies meet permit requirements
Compliant
All monitoring data and sampling frequencies do NOT meet permit requirements
;��
Noncompliant
If the facility is noncompliant, please comment on corrective actions being taken in respect to equipment, operation, maintenance, etc., and
a time table for improvements to be made.
�/i r�� si p G � L G M /AZ
"I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with
a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the
person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted
is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false
information, including the possibility of fines and imprisonment for knowing violations."
175 Bingham Road Asheville, NC 28806
Permittee Address
00010 Temperature
00076 Turbidity
00080 Color (Pt -Co)
00082 Color (ADMI)
00095 Conductivity
00300 Dissolved Oxygen
00310 BODS
00340 COD
00400 pH
00530 Total Susppendec
Residue
00545 Settleable Matter
00556 Oil & Grease
00600 Total Nitrogen
00610 Ammonia Nitrogen
00625 Total Kjeldhal
Nitrogen
00630 Nitrates/Nitrites
00665 Total Phosphorous
00720 Cyanide
00745 Total Sulfide
00927 Total Magnesium
00929 Total Sodium
00940 Total Chloride
Buncombe County Schools
Permittee (Please print or type)
Vy"4s -Z j I / I (�
Signature of Permittee** Date
828-232-4244
Phone Number
PARAMETER CODES
00951 Total Flouride
01002 Total Arsenic
01027 Cadium
01032 Hexavalent Chromiur
01034 Chromium
01037 Total Cobalt
01042 Copper
01045 Iron
01051 Lead
01067 Nickel
01077 Silver
01092 Zinc
01105 Aluminum
01147 Total Selenium
31616 Fecal Coliform
32730 Total Phenolics
34235 Benzene
34481 Toluene
38260 MBAS
39516 PCBs
50050 Flow
12/31 /2015
Permit Exp. Date
50060 Total
Residual
Chlorine
71880 Formaldehyde
71900 Mercury
81551 Xylene
Parameter Code assistance may obtained by calling the Water Quality Compliance Group at (919) 733-5083, extension 581 or 534.
The monthly average for fecal coliform is to be reported as a GEOMETRIC mean. Use only units designated in the reporting facility's
permit for reporting data.
*ORC must visit facility and document visitation of facility as required per 15A NCAC 8A.0202 (b) (5) (B).
**If signed by other than the permittee, delegation of signatory authority must be on file with the state per 15A NCAC 213.0506 (b) (2) (D).
Pat McCrory
Governor
Q=
NC®ENR
North Carolina Department of Environment and Natural Resources
July 25, 2014
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7012 1010 0002 1965 7550
Mr. R. Belvin Hall, Assistant Director, Maintenance
Buncombe County Schools
175 Bingham Road
Asheville, North Carolina 28806
Subject: Notice of Violation and
Recommendation for Enforcement
Tracking #: NOV-2014-LV-0355
Fairview Elementary School WWTP
NPDES Permit No. NCO066788
Buncombe County
Dear Mr. Hall:
John E Slcvarla, III.
Secretary
A review of the April 2014 self -monitoring report for the subject facility revealed violations of the
following parameters:
Date
Outfall
Parameter
Reported Value
Permit Limit
04/09/2014
001
Fecal Coliform
727 #/ 100ml
400 #/ 100ml
04/30/2014
001
Flow
0.018 mgd
0.011 mgd
A Notice of Violation/ Notice of Recommendation for Enforcement (NOV/ NRE) is being issued for the
noted violation of North Carolina General Statute (G.S.) 143-215.1 and NPDES Permit No. NC0066788.
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) days after receipt of this Notice. A review of your response will be considered along
with any information provided on the April 2014 Discharge Monitoring Report. 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.
Water Quality Regional Operations —Asheville Regional Office
2090 U.S. Highway 70, Swannanoa, North Carolina 28778
Phone: (828) 296-4500 FAX: (828) 299-7043
Internet: http://portal: ncdenr.org/webtWq
An Equal Opportunity/ Affirmative Action Employer
Mr. R. Belvin Hall
July 25, 2014
Page Two
Remedial actions, if not already implemented, should be taken to correct any problems. The Division of
Water Resources may pursue enforcement actions for this and any additional violations. 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. You may
contact this office for additional information.
If you have questions concerning this matter, please do not hesitate to contact Janet Cantwell or
me at 828/296-4500.
Sincerely,
G. Landon Davidson, P.G., Regional Supervisor
Water Quality Regional Operations, NCDENR
Asheville Regional Office
cc: WQ Asheville Files
MSC 1617-Central Files -Basement
WQ Enforcement/ NPDES Point Source Branch
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NCDENR
North Carolina Department of Environment and
Division of Water Quality
Pat McCrory Charles Wakild, P.E.
Governor Director
June 5, 2013
A..•-�ti OLE
'rk�
Natural Resources
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7012 1010 0002 1967 5691
Mr. R. Belvin Hall, Assistant Director, Maintenance
Buncombe County Schools
175 Bingham Road
Asheville, North Carolina 28806
John E. Skvarla, III
Secretary
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 Permit NCO066788
Buncombe County Schools
Fairview Elementary School WWTP
Case No. LV-2013-0104
Buncombe County
Dear Mr. Hall:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $337.00
($200.00 civil penalty + $137.00 enforcement costs) against Buncombe County Schools.
This assessment is baled upon the following facts: a review has been conducted of the discharge
monitoring report (DMR) submitted by Buncombe County .Schools for the month of February
2013. This review has shown the subject facility to be in vidlation of the discharge limitations
and/or monitoring requirements found in NPDES Permit NC0066788. The violations which
occurred in February 2013 are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that Buncombe County Schools violated
the terms, conditions or requirements of NPDES Permit NCO066788 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).
Based upon the above findings of fact and conclusions of law, and in accordance with authority
provided by the Secretary of the Department of Environment and Natural Resources and the
Director of the Division of Water Quality, I, Chuck Cranford, Division of Water Quality Regional
Supervisor for the Asheville Region, hereby make the following civil penalty assessment against
Buncombe County Schools:
Nne
orthCarolina
Natumilb,
SURFACE WATER PROTECTION — ASHEVILLE REGIONAL OFFICE
Location: 2090 U.S. Highway 70, Swannanoa, NC 28778
hone: (828) 296-4500\FAX: 828 2997043
Internet: www.ncwaterguality.org
2 of the 2 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$200.00 NC0066788, by discharging waste water into the waters of the State
in violation of the Permit Daily Maximum limit for FEC COLI.
$200.00 TOTAL CIVIL PENALTY
$137.00 Enforcement Costs
$337.00 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 days of receipt of this notice, you must do one of the following:
Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environment and Natural
Resources (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:
Point Source Compliance/Enforcement Unit
Division of Water Quality
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
OR
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 Quality at the address listed below. In
determining whether a remission request will be approved, the following factors shall be
considered:
' , 1
(1) whether one or more of the civil penalty assessment factors in NCGS 143B-282. I (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 the Division of Water Quality 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 Quality also requests that
you complete and submit the enclosed "Justification for Remission Request." Both forms should
be submitted to the following address:
Point Source Compliance/Enforcement Unit
Division of Water Quality
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
N'
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 original and one (1) copy of the petition must be filed with the Office
of Administrative Hearings. The petition may be faxed - provided the original and one copy of the
document is received in the Office of Administrative Hearings within five (5) business days
following the faxed transmission. The mailing address for the Office of Administrative Hearings
is:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, North Carolina 27699-6714
Telephone (919) 733-2698 Facsimile: (919) 733-3478
and
Mail or hand -deliver a copy of the petition to
Mary Penny Thompson, General Counsel
Department of Environment and Natural Resources
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 Janet Cantwell of the Water Quality staff of the
Asheville Regional Office at 828-296-4500.
Sincerely,
Chuck ranford, Regional Supervisor
Surface Water Protection Section
Asheville Regional Office
ATTACHMENTS
'� L�. 'T_W ��®Y'�a` uy �• i I - a�d� a � 441f � I ���M1�.' �J
NPDES Point Source w/ attachments
DWQ Central Files w/ attachments
RPB Systems/ ORC w/ attachments
S:".S11 P''BUncoiiibc\Wzistc \vater'ti%9inors%Fairview Elementary 667881d..V-2013-010=4.doe
JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: LV-2013-0104
County: Buncombe
Assessed Party: Buncombe County Schools / Fairview Elementary
Permit No.: NC0066788 Amount Assessed: $337.00
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 applies. 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:
STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT'
AND NATURAL RESOURCES
COUNTY OF BUNCOMBE
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND
STIPULATION OF FACTS
BUNCOMBE COUNTY SCHOOLS / )
FAIRVIEW ELEMENTARY SCHOOL 1
PERMIT NO. NCO066788 ) FILE NO. LV-2013-0104
Having been assessed civil penalties totaling $337.00 for violation(s) as set forth in the
assessment document of the Division of Water Quality dated June 5, 2013, 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 Quality 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
SIGNATURE
ADDRESS
TELEPHONE
20
ATTACHMENT A
Buncombe County Schools
CASE NUMBER: LV-2013-0104
PERMIT: NCO066788 FACILITY: Fairview Elementary School
COUNTY: Buncombe
REGION: Asheville
Limit Violations
MONITORING
REPORT
OUTFALL/
PPI
VIOLATION
UNIT OF
CALCULATED % OVER
PENALTY
LOCATION PARAMETER
DATE
FREQUENCY
MEASURE
LIMIT VALUE LIMIT
VIOLATION TYPE
$100.00 2-2013
001 Effluent FEC COLI
02/12/13
Weekly
#/100ml
400 727 81.75
Daily Maximum Exceeded
$100.00 2-2013
001 Effluent FEC COLI
02/27/13
Weekly
#/100ml
400 2,420 505.00
Daily Maximum Exceeded
DIVISION OF WATER QUALITY - CIVIL PENALTY ASSESSMENT (FILE)
Violator: Buncombe County Schools / Fairview Elementary / NCO066788
(February 2013 IDMR)
County: Buncombe
Case Number: LV-2013-0104
ASSESSMENT FACTORS
As required by G.S. 143-214.6A(c), in determining the amount of the penalty I considered the factors
set out in 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;
All effluent violations may be detrimental to the receiving stream but may not be
immediately quantified.
2) The duration and gravity of the violation;
Two Daily Max Fecal coliforms exceeded the permit limit by 81.75 % and 505 %.
3) The effect on ground or surface water quantity or quality or on air quality;
All effluent violations may be detrimental to the receiving stream but may not be
immediately quantified.
4) The cost of rectifying the damage;
The cost is unknown.
5) The amount of money saved by noncompliance;
The amount of money saved would include the cost of excess solids removal.
The amount of money saved would include the cost keeping the chlorine contact
basin clean before there is a violation.
The amount of money saved would also include the time to check the chlorine
tablets in the tube dispensers to make sure they are working properly.
6) Whether the violation was committed willfully or intentionally;
It does not appear to be either.
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 has been one civil, penalty assessment in the twelve months prior to this
violation.
8) The cost to the State of the enforcement procedures.
$137.00.
at Chuck Cra f d, Regional Supervisor
Surface Water Protection Section
Asheville Regional Office
05131/2013
', a
EFFLUENT
NPDES NO: NCO066788
DISCHARGE NO:
001
FACILITY NAME: Buncombe County Schools -Fairview Elem
CLASS:
OPERATOR IN RESPONSIBLE CHARGE (ORC):
Todd Moore
GRADE:
CERTIFIED LABORATORIES (1): Pace Analytical
(2)
CHECK BOX IF ORC HAS CHANGED:
PERSON(S) COLLECTING S
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MAIL ORIGINAL AND ONEtOP",lG>TQ:;�F T;;
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Division of Water Quality A r R 0 2013
DENR
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1617 Mail Service Center C E N r--,u, L i:.�{ EZ3
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(SIGNAT OF OPERATO I
Raleigh, NC 27699-1617 Ti d g
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057-6 47V
MONTH: F2! U YEAR: 2013
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F Q ' Phone: 828-251-1900
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DEU Form MR -1 (R ised 12/93) ldke 9 r `-
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Facility Status: (Please check one of the following)
.All monitoring data and sampling frequencies meet permit requirements
Compliant
All monitoring data and sampling frequencies do NOT meet permit requirements
Noncompliant
If the facility is; noncompliant, please comment on corrective actions being taken in respect to equipment, operation, maintenance, etc., and
a time table for improvements to be made.
fd6le CArrtG L fCea/ �bsu��e--.. %�-T
1 �cit�rs<<
"I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with
a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the
person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted
is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false
information, including the possibility of fines and imprisonment for knowing violations."
Buncombe County Schools
P r e Pleas ,print or type)
31S A
Signature of Permittee** Date
175 Bingham Road Asheville, NC 28806 828-232-4244 12/31/2015
Permittee Address Phone Number Permit Exp. Date
00010 Temperature
00076 Turbidity
00080 Color (Pt -Co)
00082 Color (ADMI)
00095 Conductivity
00300 Dissolved Oxygen
00310 BOD5
00340 COD
00400 pH
00530 Total Susppendec
Residue
00545 Settleable Matter
00556 Oil & Grease
00600 Total Nitrogen
00610 Ammonia Nitrogen
00625 Total Kjeldhal
Nitrogen
00630 Nitrates/Nitrites
00665 Total Phosphorous
00720 Cyanide
00745 Total Sulfide
00927 Total Magnesium
00929 Total Sodium
00940 Total Chloride
PARAMETER CODES
00951 Total Flouride
01002 Total Arsenic
01027 Cadium
01032 Hexavalent Chromiur
01034 Chromium
01037 Total Cobalt
01042 Copper
01045 Iron
01051 Lead
01067 Nickel
01077 Silver
01092 Zinc
01105 Aluminum
01147 Total Selenium
31616 Fecal Coliform
32730 Total Phenolics
34235 Benzene
34481 Toluene
38260 MBAS
39516 PCBs
50050 Flow
50060 Total
Residual
Chlorine
71880 Formaldehyde
71900 Mercury
81551 Xylene
Parameter Code assistance may obtained by calling the Water Quality Compliance Group at (919) 733-5083, extension 581 or 534.
The monthly average for fecal coliform is to be reported as a GEOMETRIC mean. Use only units designated in the reporting facility's
permit for reporting data.
*ORC must visit facility and document visitation of facility as required per 15A NCAC 8A.0202 (b) (5) (B).
**If signed by other than the permittee, delegation of signatory authority must be on file with the state per 15A NCAC 213.0506 (b) (2) (D).
I (p - r-e4 CV
Permit Enforcement History Details by Owner
05/30/13
1
Owner: Buncombe County Schools
Facility: Fairview Elementary School
Permit: NCO066788
Region: Asheville County: Buncombe
Penalty Remission Enf EMC EMC OAH Collection Has
Assessment Penalty Enforcemen Request Enf Conf Remission Hearing Remission Remission Memo Sent Balance Pmt Case
Case Number MR Approved Amount t Costs Damages Received Held Amount Held Amount Amount to AGO Total Paid Due Plan Closed
LV-2000-0030 01/28/00 $250 $73.11 $323.11 $.00 No 03/07/00
LV-2000-0047 02/25/00 $1,000 $73.11
$1,073.11 $.00 No 03/16/00
LV-2000-0128 04/28/00 $2,000 $73.11 $2,073.11 $.00 No 05/31/00
LV-2002-0309 08/19/02 $250 $105.50
$355.50 $.00 No 09/13/02
LV-2006-0316 3-2006 08/25/06 $350 $126.82 $476.82 $.00 No 09/08/06
LV-2013-0066 12-2012 04/16/13 $200 $137.00 $337.00 $.00 No 05/14/13
Total Cases: 6 Total Penalty Amount: $4,050 Total Enforcement Cost: $588.65 Sum of Total Paid: $4,638.65 Total Balance Due: $.00
Sum of Total Case Penalties: $4,638.65 Total Penalties after remission(s): $4,638.65
DIVISION OF WATER QUALITY - CIVIL PENALTY ASSESSMENT (FILE)
Violator: Buncombe County Schools / Fairview Elementary / NCO066788
(February 20131)11R)
County: Buncombe
Case Number: LV-2013-0104
ASSESSMENT FACTORS
As required by G.S. 143-214.6A(c), in determining the amount of the penalty I considered the factors
set out in 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;
All effluent violations may be detrimental to the receiving stream but may not be
immediately quantified.
2) The duration and gravity of the violation;
Two Daily Max Fecal coliforms exceeded the permit limit by 81.75 % and 505 %.
3) The effect on ground or surface water quantity or quality or on air quality;
All effluent violations may be detrimental to the receiving stream but may not be
immediately quantified.
4) The cost of rectifying the damage;
The cost is unknown.
5) The amount of money saved by noncompliance;
The amount of money saved would include the cost of excess solids removal.
The amount of money saved would include the cost keeping the chlorine contact
basin clean before there is a violation.
The amount of money saved would also include the time to check the chlorine
tablets in the tube dispensers to make sure they are working properly.
6) Whether the violation was committed willfully or intentionally;
It does not appear to be either.
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 has been one civil penalty assessment in the twelve months prior to this
violation.
8) The cost to the State of the enforcement procedures.
$137.00.
Date Chuck Cranford, Regional Supervisor
Surface Water Protection Section
Asheville Regional Office
05/31 /2013
A 4"i
NCDENR
North Carolina Department of Environment and
Division of Water Quality
Pat McCrory Charles Wakild, P.E.
Governor Director
June 5, 2013
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. R. Belvin Hall, Assistant Director, Maintenance
Buncombe County Schools
175 Bingham Road
Asheville, North Carolina 28806
Natural Resources
John E. Skvarla, III
Secretary
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 Permit NCO066788
Buncombe County Schools
Fairview Elementary School WWTP
Case No. LV-2013-0104
Buncombe County
Dear Mr. Hall:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $337.00
($200.00 civil penalty + $137.00 enforcement costs) against Buncombe County Schools.
This assessment is based upon the following facts: a review has been conducted of the discharge
monitoring report (DMR) submitted by Buncombe County Schools for the month of February
2013. This review has shown the subject facility to be in violation of the discharge limitations
and/or monitoring requirements found in NPDES Permit NC0066788. The violations which
occurred in February 2013 are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that Buncombe County Schools violated
the terms, conditions or requirements of NPDES Permit NCO066788 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).
Based upon the above findings of fact and conclusions of law, and in accordance with authority
provided by the Secretary of the Department of Environment and Natural Resources and the
Director of the Division of Water Quality, I, Chuck Cranford, Division of Water Quality Regional
Supervisor for the Asheville Region, hereby make the following civil penalty assessment against
Buncombe County Schools:
ne
NorthCarolina
Naturalllf
SURFACE WATER PROTECTION — ASHEVILLE REGIONAL OFFICE
Location: 2090 U.S. Highway 70, Swannanoa, NC 28778
Phone: (828) 296-4500\FAX: 828 2997043
Internet: www.ncwaterguality.org
2 of the 2 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
FV'$200.00 NC0066788, by discharging waste water into the waters of the State
in violation of the Permit Daily Maximum limit for FEC COLI.
$200.00 TOTAL CIVIL PENALTY
$137.00 Enforcement Costs
$337.00 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. 14313-
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 days of receipt of this notice, you must do one of the following:
Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environment and Natural
Resources (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:
Point Source Compliance/Enforcement Unit
Division of Water Quality
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
OR
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 Quality 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 14313-282.1(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 the Division of Water Quality 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 Quality also requests that
you complete and submit the enclosed "Justification for Remission Request." Both forms should
be submitted to the following address:
Point Source Compliance/Enforcement Unit
Division of Water Quality
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
PV
OR
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 original and one (1) copy of the petition must be filed with the Office
of Administrative Hearings. The petition may be faxed - provided the original and one copy of the
document is received in the Office of Administrative Hearings within five (5) business days
following the faxed transmission. The mailing address for the Office of Administrative Hearings
is:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, North Carolina 27699-6714
Telephone (919) 733-2698 Facsimile: (919) 733-3478
and
Mail or hand -deliver a copy of the petition to
Mary Penny Thompson, General Counsel
Department of Environment and Natural Resources
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 Janet Cantwell of the Water Quality staff of the
Asheville Regional Office at 828-296-4500.
Sincerely,
Chuck Cranford, Regional Supervisor
Surface Water Protection Section
Asheville Regional Office
ATTACHMENTS
cc: DWQ Regional Supervisor w/ attachments
NPDES Point Source w/ attachments
DWQ Central Files w/ attachments
RPB Systems/ ORC w/ attachments
S:ASWfl", 3uncoml)c",Wastewater'�,Minors\f'airvicvv Cilementary 66758\1-v 2013-0104,doe
PVJUSTIFICATION FOR REMISSION REOUEST
DWQ Case Number: LV-2013-0104 County: Buncombe
Assessed Party: Buncombe County Schools / Fairview Elementary
Permit No.: NC0066788 Amount Assessed: $337.00
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 applies. 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:
STATE OF NORTH CAROLINA
COUNTY OF BUNCOMBE
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST
BUNCOMBE COUNTY SCHOOLS /
FAIRVIEW ELEMENTARY SCHOOL
PERMIT NO. NCO066788
111IN
DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
WAIVER OF RIGHT TO AN
ADMMINSTRATIVE HEARING AND
STIPULATION OF FACTS
FILE NO. LV-2013-0104
Having been assessed civil penalties totaling $337.00 for violation(s) as set forth in the
assessment document of the Division of Water Quality dated June 5, 2013, 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 Quality 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
ADDRESS
TELEPHONE
SIGNATURE
pill
ATTACHMENT A
Buncombe County Schools
CASE NUMBER: LV-2013-0104
PERMIT:
NCO066788
FACILITY: Fairview Elementary School
COUNTY: Buncombe
REGION: Asheville
Limit Violations
PENALTY
MONITORING
REPORT
OUTFALL/
PPI
LOCATION PARAMETER
VIOLATION
DATE
FREQUENCY
UNIT OF
MEASURE LIMIT
CALCULATED % OVER
VALUE LIMIT
VIOLATION TYPE
$100.00
$100.00
2-2013
2-2013
001
001
Effluent FEC COLI
Effluent FEC COLI
02/12/13
02/27/13
Weekly
Weekly
#/100ml 400
#/100ml 400
727 81.75
2,420 505.00
Daily Maximum Exceeded
Daily Maximum Exceeded
EFFLUENT
DES NO: NCO066788 DISCHARGE NO: 001 MONTH:
FACILITY NAME: Buncombe County Schools -Fairview Elem CLASS: II
OPERATOR IN RESPONSIBLE CHARGE (ORC): Todd Moore ;GRADE:
CERTIFIED LABORATORIES (1): Pace AnalyticalCHECK BOX IF ORC HAS CHANGED: PERSON(S) COLLECTING
MAIL ORIGINAL AND OI
ATTN: CENTRAL FILE
Division of Water Quality
DENR
1617 Mail Service Center
Raleiqh, NC 27699-1617
X
(SIGNAT OF OPERATO I I
BY THIS SIGNATURE, I CE FYI
ACCURATE AND COMPLETE TO THE
/Y YEAR: 2013
4� Buncombe
828-251-1900
ToCN Moore
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.v c, •TA. .v
w.,._ ..
.-: r.,.
v ._-_&
_L, ..,
LLL
.....r
221Z,.
.., .] 1
LIE
z
AVERAGE:
0.008
9.7
19
5.6
0.4
4.3
82
MAXIMUM
0 008
10 7
7 2
26
10 2
D 6
8 8
2420
MINIMUM:
0.008
7.6
6.8
10
3.0
0.3
2.5
1
Comp: (C)
Monthly Limit
0.011
>6 <9
28
30 / 45
30 / 45
200/400
DEU Form MR -1 (R ised 12/93) �/r�v �O`r
l
Facility Status: (Please check one of the following)
.All monitoring data and sampling frequencies meet permit requirements
Compliant
All monitoring data and sampling frequencies do NOT meet permit requirements
Noncompliant
If the facility is noncompliant, please comment on corrective actions being taken in respect to equipment, operation, maintenance, etc., and
a time table for improvements to be made.
� t
"I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with
a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the
person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted
is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false
information, including the possibility of fines and imprisonment for knowing violations."
Buncombe County Schools
P r e Please print or type) _
3 1J 13
Signature of Permittee** Date
175 Bingham Road Asheville, NC 28806 828-232-4244 12/31/2015
Permittee Address Phone Number Permit Exp. Date
PARAMETER CODES
00010 Temperature
00556 Oil & Grease
00951 Total Flouride
01067 Nickel
50060 Total
00076 Turbidity
00600 Total Nitrogen
01002 Total Arsenic
01077 Silver
Residual
00080 Color (Pt -Co)
00610 Ammonia Nitrogen
01092 Zinc
Chlorine
00082 Color (ADMI)
00625 Total Kjeldhal
01027 Cadium
01105 Aluminum
Nitrogen
00095 Conductivity
00630 Nitrates/Nitrites
01032 Hexavalent Chromiur
01147 Total Selenium
71880 Formaldehyde
00300 Dissolved Oxygen
01034 Chromium
31616 Fecal Coliform
71900 Mercury
00310 BOD5
00665 Total Phosphorous
32730 Total Phenolics
81551 Xylene
00340 COD
00720 Cyanide
01037 Total Cobalt
34235 Benzene
00400 pH
00745 Total Sulfide
01042 Copper
34481 Toluene
00530 Total Susppendec
00927 Total Magnesium
38260 MBAS
Residue
00929 Total Sodium
01045 Iron
39516 PCBs
00545 Settleable Matter
00940 Total Chloride
01051 Lead
50050 Flow
Parameter Code assistance
may obtained by calling the
Water Quality Compliance Group at (919) 733-5083, extension
581 or 534.
The monthly average for fecal coliform is to be reported as a GEOMETRIC mean. Use only units designated in the reporting facility's
permit for reporting data.
*ORC must visit facility and document visitation of facility as required per 15A NCAC 8A.0202 (b) (5) (B).
**If signed by other than the permittee, delegation of signatory authority must be on file with the state per 15A NCAC 26.0506 (b) (2) (D).
Permit Enforcement History Details by Owner
Owner: Buncombe County Schools
Facility: Fairview Elementary School
Permit: NCO066788
Region: Asheville County: Buncombe
05/30/13
1
Penalty Remission Enf EMC EMC OAH Collection Has
Assessment Penalty Enforcemen Request Enf Conf Remission Hearing Remission Remission Memo Sent Balance Pmt Case
Case Number MR Approved Amount t Costs Damages Received Held Amount Held Amount Amount to AGO Total Paid Due Plan Closed
LV-2000-0030 01/28/00 $250 $73.11 $323.11 $.00 No 03/07/00
LV-2000-0047 02/25/00 $1,000 $73.11 $1,073.11 $.00 No 03/16/00
LV-2000-0128
04/28/00 $2,000
$73.11
$2,073.11
$.00
No
05/31/00
LV-2002-0309
08/19/02 $250
$105.50
$355.50
$.00
No
09/13/02
LV-2006-0316 3-2006
08/25/06 $350
$126.82
$476.82
$.00
No
09/08/06
LV-2013-0066 12-2012
04/16/13 $200
$137.00
$337.00
$.00
No
05/14/13
Total Cases: 6
Total Penalty Amount:
$4,050 Total Enforcement Cost: $588.65
Sum of Total Case Penalties: $4,638.65
Sum of Total Paid: $4,638.65 Total Balance Due: $.00
Total Penalties after remission(s): $4,638.65
Limit Violations Monrtarrng Nralations Reporting b'ialations Other Violations
Permit:
NCO066780 DEtaris...
SOC: � � AD, A c laths... Monitoring Report: 02-2013 DetailG„ N`
Facility:
=Fairview Elementary School
Details ; Region: sheville-
County: Buncombe
Owner:
Buncombe County Schools
Maintain... Incident: #�i
Inspect. Dt:
Facility Reported As: Compliant r Non -Compliant { $ Not Reported n Is signedReport
Type: JDMR
"O�.rtfal Location *Parameter *Date Manual *Descri tion I SO:C . Limit *Calr_.ul.. Unit
I %Over Action
001 `
Effluent
;Coliform, Fee...
02l1212013
❑
Daily Maximum ... I E]
400 - ... i727 ...
#1100m1
81.75 ... '
001 'Effluent-
;Coliform, Fec...
02l2712013
]
Daily Maximum ... �
400 .. 2420 ...
#1100m1
505
--'
- .
Y
Add °
RPr Ve.
I _
IJ
4
a
lnit to t"',o� .. F Initiate "•101f...
€ _______�
lnrta e Enforcer�rient.
.
Initiate Ceuta � SaveP,RecaleuW �=1R._
i ..
hielp
Rrlsiancel E
12 Limit Violations found
`Ready l
SID. VLLP
MCDENR E71LE
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Pat McCrory Charles Wakild, P.E. John E. Skvarla, III
Governor Director Secretary
May 10, 2013
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7010 1870 0003 0875 3237
Mr. R. Belvin Hall, Assistant Director, Maintenance
Buncombe County Schools
175 Bingham Road
Asheville, North Carolina 28806
Subject: Notice of Violation and
Recommendation for Enforcement
Tracking #: NOV-20131- LV-0310
Fairview Elementary School WWTP
NPDES Permit No. NCO066788
Buncombe County
Dear Mr. Hall:
A review of the February 2013 self -monitoring report for the subject facility revealed violations of the
following parameter:
Date
Outfall
Parameter
Reported Value
Permit Limit
02/12/2013
001
Fecal coliform
727 #/ 100 nil
400 #/ 100 nil
02/27/2013
001
Fecal coliform
2420 #/ 100 ml
400 #/ 100 nil
A Notice of Violation/ Notice of Recommendation for Enforcement (NOV/ NRE) is being issued for the
noted violation of North Carolina General Statute (G.S.) 143-215.1 and NPDES Permit No. NC0066788.
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) days after receipt of this Notice. A review of your response will be considered along
with any information provided on the February 2013 Discharge Monitoring Report. 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.
SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE
Location: 2090 U.S. Highway 70, Swannanoa. North Carolina 28778
Phone: 828-296-4500\ Fax: 828-299-7043
Internet: httn:l/Portal.nedenr.orq/weblwg
An Equal Opportunity Affinnative Action Employer- 50% Recycled110% Post Consumer paper
One
NorthCarolina
�N14WI I&
V�
Mr. R. Belvin Hall
May 10, 2013
Page Two
Remedial actions, if not already implemented, should be taken to correct any problems. The Division of
Water Quality may pursue enforcement. actions for this and any additional violations. 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. You may
contact this office for additional information.
If you have questions concerning this matter, please do not hesitate to contact Janet Cantwell or
me at 828/296-4500.
Sincerely,
Chuck Cranford, Regional Supervisor
Surface Water Protection Section
Asheville Regional Office
ES �i1MUCUS
DWQ Central Files
DWQ Point Source Branch
SaSGtip\I3imcombe`,.14'�ste�tiater\Adinors'Faini��w Elemew.ay 66783`:NOV-tiRE-201 1.,V-0310.doc
A YIFA
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Pat McCrory
Governor
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Charles Wakild, P.E. John E. Skvarla, III
Director Secretary
May 10, 2013
Mr. R. Belvin Hall, Assistant Director, Maintenance
Buncombe County Schools
175 Bingham Road
Asheville, North Carolina 28806
Subj ect:
Dear Mr. Hall:
Notice of Violation and
Recommendation for Enforcement
Tracking #: NOV-2013-LV-0310
Fairview Elementary School WWTP
NPDES Permit No. NCO066788
Buncombe County
A review of the February 2013 self -monitoring report for the subject facility revealed violations of the
following parameter:
Date
Outfall
Parameter
Reported Value
Permit Limit
02/12/2013
001
Fecal coliform
727 #/ 100 ml
400 #/ 100 ml
02/27/2013
001
Fecal coliform
2420 #/ 100 ml
400 #/ 100 ml
A Notice of Violation/ Notice of Recommendation for Enforcement (NOV/ NRE) is being issued for the
noted violation of North Carolina General Statute (G.S.) 143-215.1 and NPDES Permit No. NC0066788.
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. 143-21:5.1. 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) days after receipt of this Notice. A review of your response will be considered along
with any information provided on the February 2013 Discharge Monitoring Report. 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.
SURFACE WATER PROTECTION SECTION--ASHEVILLE REGIONAL OFF ICE
Location: 2090 U.S. Highway 70, Swannanoa.. North Carolina 28778
Phone: 828-296-4500\ Pax: 828-299-7043
Internet: htto:l/ooM.ncdenr.orolweb/wa
NorthCarolina
Naturn Arl
An Equal Opportunity \ Affirmative Action Employer -- 50% Recycled/10% Post Consumer paper
Mr. R. Belvin Hall
May 10, 2013
Page Two
Remedial actions, if not already implemented, should be taken to correct any problems. The Division of
Water Quality may pursue enforcement actions for this and any additional violations. 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. You may
contact this office for additional information.
If you have questions concerning this matter, please do not hesitate to contact Janet Cantwell or
me at 828/296-4500.
Sincerely,
Chuck Cranford, Regional Supervisor
Surface Water Protection Section
Asheville Regional Office
cc: DWQ Asheville Files
DWQ Central Files
DWQ Point Source Branch
S:'SWP'Bunccimhe'Wastew,tter`iMinorsiFair iovFlementai 667R8'"OV-NRE?013-i..V-O',I0.doe
t
NCDEFL <'43
North Carolina Department of Environment and Natural Resources
Division of Water Resources
Water Quality Programs
Pat McCrory Thomas A. Reeder John E. Skvarla, III
Governor Director Secretary
March 18, 2014
— 70121010 00021967
Mr. R. Belvin Hall
Buncombe County Schools
175 Bingham Road
Asheville, North Carolina 28806
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 Permit NCOO66788
Buncombe County Schools
Fairview Elementary School WWTP
Case No. LV-2014-0023
Buncombe County
Dear Mr. Hall:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $347.50
($200.00 civil penalty + $147.50 enforcement costs) against Buncombe County Schools.
This assessment is based upon the following facts: a review has been conducted of the discharge
monitoring report (DMR) submitted by Buncombe County Schools for the month of November
2013. This review has shown the subject facility to be in violation of the discharge limitations
and/or monitoring requirements found in NPDES Permit NCOO66788. The violations which
occurred in November 2013 are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that Buncombe County Schools violated
the terms, conditions or requirements of NPDES Permit NCOO66788 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).
Based upon the above findings of fact and conclusions of law, and in accordance with authority
provided by the Secretary of the Department of Environment and Natural Resources and the
Director of the Division of Water Resources, I, G. Landon Davidson, Division of Water Resources
Regional Supervisor for the Asheville Region, hereby make the following civil penalty assessment
against Buncombe County Schools:
Water Quality Regional Operations — Asheville Regional Office
2090 U.S. Highway 70, Swannanoa, North Carolina 28778
Phone: (828) 296-4500 FAX: (828) 299-7043
Internet: http://portal.ncdenr.org/weblwq
An Equal Opportunity/ Affirmative Action Employer
41 of the 2 violations of G.S. 143-215.1(a)ko) and NPDES Permit No.
$200.00 NC0066788, by. discharging waste water into the waters of the State
in violation of the Permit. Daily Maximum limit for FEC COLI.
$200.00 TOTAL CIVIL PENALTY
$147.50 Enforcement Costs
$347.50 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 days of receipt of this notice, you must do one of the following:
1. Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environment and Natural
Resources (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:
Point Source Compliance/ Enforcement Unit
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
OR
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 remis.__. n request will be approved, the follov' factors shall be
considered:
(1) whether one or more of the civil penalt 'assessment factors in NCGS 143B-282. I (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:
Point Source Compliance/ Enforcement Unit
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
3. File a petition for an administrative hearing with the Office of Administrative Hearings: }y
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 original and one (1) copy of the petition must be filed with the Office
of Administrative Hearings. The petition may be faxed - provided the original and one copy of the
document is received in the Office of Administrative; Hearings within five (5) business days
following the faxed transmission. The mailing address for the Office of Administrative Hearings
is:
Office of A aistrative Hearings
6714 Mail Service Center
Raleigh North Carolina 27699-6714
Telephone (919) 733-2698 Facsimile: (919) 733-3478
and
Mail or hand -deliver a copy of the petition to
General Counsel
Department of Environment and Natural Resources
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 Janet Cantwell of the Water Quality staff of the
Asheville Regional Office at 828-296-4500.
Sincel ,
2
G. Landon Davidson, P.G., Regional Supervisor
Water Quality Regional Operations
Asheville Regional Office
ATTACHMENTS
W]�eg:onale �psor �w/uattaehrz�ents r
NPDES Point Source w/ attachments
WQ Central Files w/ attachments
RPB Systems/ ORC w/ attachments
G: WR'.WQiBuucouibe',Wastewater,Minors Fairvieca Elementary 66783\LV-201=4-0023.doe
JUS' . [CATION FOR REMISSION REQ. U
DWR Case Number: LV-2014-0023
County: Buncombe
Assessed Party: Buncombe County Schools/ Fairview Elementary
Permit No.: NC0066788 Amount Assessed: $347.50
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 applies. 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:
STATE OF NORTH CAROL__ DEPARTM__ . f OF ENVIRONMENT
AND NATURAL RESOURCES
COUNTY OF BUNCOMBE
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND
STIPULATION OF FACTS
BUNCOMBE COUNTY SCHOOLS / )
FAIRVIEW ELEMENTARY 1
PERMIT NO. NCO066788 ) FILE NO._ LV-2014-0023
Having been assessed civil penalties totaling $347.50 for violation(s) as set forth in the
assessment document of the Division of Water Resources dated March 18, 2014, 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
SIGNATURE
ADDRESS
TELEPHONE
20
ATTACHMENT A
Buncombe County Schools
CASE NUMBER: LV-2014-0023
PERMIT: NCO066788 FACILITY: Fairview Elementary School COUNTY: Buncombe REGION: Asheville
Limit Violations
MONITORING OUTFALLI VIOLATION UNIT OF CALCULATED % OVER
PENALTY REPORT PPI LOCATION PARAMETER DATE FREQUENCY MEASURE LIMIT VALUE LIMIT VIOLATION TYPE
$100.00 11-2013 001 Effluent FEC COLT 11/05/13 Weekly #/100ml 400 1,050 162.50 Daily Maximum Exceeded
$100.00 11-2013 001 Effluent FEC COLT 11/19/13 Weekly #/100ml 400 2,420 505.00 Daily Maximum Exceeded
Permit Enforcement History Details by Owner
03/13/14
1
Owner: Buncombe County Schools
Facility: Fairview Elementary School
Permit: NCO066788
Region: Asheville
County: Buncombe
Penalty
Assessment Penalty
Enforcemen
Remission
Request Enf Conf
Enf
Remission
EMC EMC OAH Collection
Hearing Remission Remission Memo Sent
Has
Pmt
Case Number MR Approved Amount
t Costs
Damages Received Held
Amount
Held Amount Amount to AGO
Balance
Due
Plan
Case
Total Paid
Closed
LV-2000-0030 01/28/00 $250
$73.11
$323.11
$.00
No
03/07/00
LV-2000-0047 02/25/00 $1,000
$73.11
$1,073.11
$.00
No
03/16/00 t
LV-2000-0128 04/28/00 $2,000
$73.11
$2,073.11
$.00
No
05/31/00
LV-2002-0309 08/19/02 $250
$105.50
$355.50
$.00
No
09/13/02
LV-2006-0316 3-2006 08/25/06 $350
$126.82
$476.82
$.00
No
09/08/06
LV-2013-0066 12-2012 04/16/13 $200
$137.00
$337.00
$.00
No
05/14/13
LV-2013-0104 2-2013 06/05/13 $200
$137.00
$337.00
$.00
No
08/23/13
LV-2014-0023 11-2013 03/13/14 $200
$147.50
$347.50
No
Total Cases: 8 Total Penalty Amount:
$4,450
Total Enforcement Cost:
$873.15
Sum of Total Paid: $4,975.65 Total Balance Due:
$347.50
Sum of Total Case Penalties:
$5,323.15
Total Penalties after remission(s):
$5,323.15
DIVISION OF WATEx tcESOURCES - CIVIL PENALTY ASS---MENT (FILE)
Violator: Buncombe County Schools / Fairview Elementary / NCO066788
(November 2013 DiMR)
County: Buncombe
Case Number: LV-2014-0023
ASSESSMENT FACTORS
As required by G.S. 143-214.6A(c), in determining the amount of the penalty I considered the factors
set out in 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;
All effluent violations may be detrimental to the receiving stream but may not be
immediately quantified.
2) The duration and gravity of the violation;
Two Daily Max Fecal coliforms exceeded the permit limit by 162.5 % & 505 %.
3) The effect on ground or surface water quantity or quality or on air quality;
All effluent violations may be detrimental to the receiving stream but may not be
immediately quantified.
4) The cost of rectifying the damage;
The cost is unknown.
5) The amount of money saved by noncompliance;
The amount of money saved would include the cost of excess solids removal.
The amount of money saved would include the cost of maintenance and
replacement of equipment (blower motor) vital to the quality of the effluent.
A spare blower motor should be kept on site in case one breaks.
6) Whether the violation was committed willfully or intentionally;
It does not appear to be either.
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 two civil penalty assessments in the twelve months prior to this
violation.
8) The cost to the State of the enforcement procedures.
$147.50.
0-3• 14 - h-"�
Date G. Landon Davidson, P.G., Regional Supervisor
Water Quality Regional Operations
Asheville Regional Office
03/13/2014
EFFLUENT
NPDES NO: NCO066788 DISCHARGE NO: 001 MONTH: November YEAR: 2013
FACILITY NAME: Buncombe County Schools -Fairview Elem CLASS: II COUNTY: Buncombe
OPERATOR IN RESPONSIBLE CHARGE (ORC): Richard Swilling GRADE: II Phone: 828-251-1900
CERTIFIED LABORATORIES (1): Pace Analytical (2)
CHECK BOX IF ORC HAS CHANGED: PERSON(S) COLLECTING SAMPLES: Richard Swilling,
MAIL ORIGINAL AND ONE ,_V Cu
P�
ATTN: CENTRAL FILE
Division of Water Quality JAN 0 3 2014
DENR X
1617 Mail Service Center -! 0 ( bB FILES (SIGNATURE OF OPERATOR IN RESPON LE CHARGE) DATE
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Facility Status: (Please check one of the following)
All monitoring data and sampling frequencies meet permit requirements
Compliant
All monitoring data and sampling frequencies do NOT meet permit requirements
No ompliant
If the facility is noncompliant, please comment on corrective actions being taken in respect to equipment, operation, maintenance, etc., and
a time table for improvements to be made.
" I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with
a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the
person or persons who manage the system, or those persons:directly responsible for gathering the information, the information submitted
is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false
information, including the possibility of fines and imprisonment for knowing violations."
Buncombe County Schools
Per itte (PI eke Iprint or type)
Sign ture of Permittee** Date
175 Bingham Road Asheville, NC 28806
828-232-4244
1213112015
Permittee Address.
Phone Number
Permit Exp. Date
PARAMETER CODES
00010 Temperature
00556 Oil & Grease
00951 Total Flounde
01067 Nickel
50060 Total
00076 Turbidity_ .
00600 Total Nitrogen
01002 Total Arsenic
01677 Silver
Residual
00080 Color.(Pt-Co)
00610 Ammonia Nitrogen
01092 Zinc "
Chlorine .
00082 Color (ADMI)
00625 Total Kjeldhal
01027 Cadium
01105 Aluminum
Nitrogen
00095 Conductivity
00630 Nitrates/Nitrites
01032 Hexavalent Chromiur
01147 Total Selenium
71880 Formaldehyde
00300 Dissolved Oxygen
. .
� 01034 Chromium
31616 Fecal Coliform
71900 Mercury
00310 BOD5
00665 Total Phosphorous
32730 Total Phenolics
81551 Xylene
_
00340 COD,
00720 Cyanide
01037 Total Cobalt
e
34235 Benzene'
00400 pH,:'_
00745 Total Sulfide
01042 Copper
34461 Toluene
00530-To6l-S6sppendec,.
00927•Total Magnesium
38260 MBAS
Residue .,
00929 Total Sodium
01045 Iron
39516 PCBs
00545 Settleable Matter
00940 Total Chloride
01051 Lead
50050 Flow
Parametertode assistance: may obtained by calling the Water Quality Compliance. Group at (919) 733-5083, extension 581 or 534.
The monthly"average for fecal coliform is to be reported as a GEOMETRIC mean. Use only units designated in the reporting facility's
permit for reporting data.
*ORC must visit facility and document visitation of facility as required per 15A NCAC 8A.0202 (b) (5) (B).
**If signed by other than the permittee, delegation of signatory authority must be on file with the state per 15A NCAC 213.0506 (b) (2) (D).
4 .,
&74
NC®NR
North Carolina Department of Environment and Natural Resources
Division of Water Resources
Water Quality Programs
Pat McCrory Thomas A. Reeder John E. Skvarla, III
Governor Director Secretary
March 18, 2014
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. R. Belvin Hall
Buncombe County Schools
175 Bingham Road
Asheville, North Carolina 28806
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 Permit NCO066788
Buncombe County Schools
Fairview Elementary School WWTP
Case No. LV-2014-0023
Buncombe County
Dear Mr. Hall:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $347.50
($200.00 civil penalty + $147.50 enforcement costs) against Buncombe County Schools.
This assessment is based upon the following facts: a review has been conducted of the discharge
monitoring report (DMR) submitted by Buncombe County Schools for the month of November
2013. This review has shown the subject facility to be in violation of the discharge limitations
and/or monitoring requirements found in NPDES Permit NC0066788. The violations which
occurred in November 2013 are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that Buncombe County Schools violated
the terms, conditions or requirements of NPDES Permit NCO066788 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).
Based upon the above findings of fact and conclusions of law, and in accordance with authority
provided by the Secretary of the Department of Environment and Natural Resources and the
Director of the Division of Water Resources, I, G. Landon Davidson, Division of Water Resources
Regional Supervisor for the Asheville Region, hereby make the following civil penalty assessment
against Buncombe County Schools:
Water Quality Regional Operations — Asheville Regional Office
2090 U.S. Highway 70, Swannanoa, North Carolina 28778
Phone: (828) 296-4500 FAX: (828) 299-7043
Internet: http:llportal.ncdenr.org/web/wq
An Equal Opportunity/ Affirmative Action Employer
2 of the 2 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$200.00 NC0066788, by discharging waste water into the waters of the State
in violation of the Permit Daily Maximum limit for FEC COLI.
$200.00 TOTAL CIVIL PENALTY
$147.50 Enforcement Costs
$347.50 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 days of receipt of this notice, you must do one of the following:
Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environment and Natural
Resources (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:
Point Source Compliance/ Enforcement Unit
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
OR
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:
Point Source Compliance/ Enforcement Unit
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
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 original and one (1) copy of the petition must be filed with the Office
of Administrative Hearings. The petition may be faxed - provided the original and one copy of the
document is received in the Office of Administrative Hearings within five (5) business days
following the faxed transmission. The mailing address for the Office of Administrative Hearings
is:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, North Carolina 27699-6714
Telephone (919) 733-2698 Facsimile: (919) 733-3478
and
Mail or hand -deliver a copy of the petition to
General Counsel
Department of Environment and Natural Resources
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 Janet Cantwell of the Water Quality staff of the
Asheville regional Office at 828-296-4500.
Sincerely,
G. Landon Davidson, P.G., Regional Supervisor
Water Quality Regional Operations
Asheville Regional Office
ATTACHMENTS
cc: WQ Regional Supervisor w/ attachments
NPDES Point Source w/ attachments
WQ Central Files w/ attachments
RPB Systems/ ORC w/ attachments
Ci:\W R\W QiBuncombe\Waster ater\Minors\Fain ic-,v Elementary 66788\1-V-2014-0023.doc
JUSTIFICATION FOR REMISSION REQUEST
DWR Case Number: LV-2014-0023
County: Buncombe
Assessed Party: Buncombe County Schools/ Fairview Elementary
Permit No.: NC0066788 Amount Assessed: $347.50
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 applies. 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:
STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
COUNTY OF BUNCOMBE
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND
STIPULATION OF FACTS
BUNCOMBE COUNTY SCHOOLS / )
FAIRVIEW ELEMENTARY )
PERMIT NO. NCO066788 ) FILE NO._ LV-2014-0023
Having been assessed civil penalties totaling $347.50 for violation(s) as set forth in the
assessment document of the Division of Water Resources dated March 18, 2014, 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
ra1.7.7;»LY.`�
TELEPHONE
SIGNATURE
IK11
ATTACHMENT A
Buncombe County Schools
CASE NUMBER: LV-2014-0023
PERMIT: NCO066788
FACILITY: Fairview Elementary School
COUNTY: Buncombe
REGION: Asheville
Limit Violations
MONITORING OUTFALL/
VIOLATION
UNIT OF
CALCULATED % OVER
PENALTY REPORT PPI
LOCATION PARAMETER
DATE
FREQUENCY
MEASURE LIMIT
VALUE LIMIT VIOLATION TYPE
$100.00 11-2013 001
Effluent FEC COLI
11/05/13
Weekly
#/loom] 400
1,050 162.50 Daily Maximum Exceeded
$100.00 11-2013 001
Effluent FEC COLI
11/19/13
Weekly
#/loom] 400
2,420 505.00 Daily Maximum Exceeded
Permit Enforcement History Details by Owner
03/13/14
1
Owner: Buncombe County Schools
Facility: Fairview Elementary School
Permit: NCO066788
Region: Asheville
County: Buncombe
Penalty
Remission
Enf
EMC EMC OAH Collection
Has
Assessment Penalty
Enforcemen
Request Enf Conf
Remission
Hearing Remission Remission Memo Sent
Balance
Pmt
Case
Case Number MR Approved Amount
t Costs
Damages Received Held
Amount
Held Amount Amount to AGO
Total Paid
Due
Plan
Closed
LV-2000-0030 01/28/00 $250
$73.11
$323.11
$.00
No
03/07/00
LV-2000-0047 02/25/00 $1,000
$73.11
$1,073.11
$.00
No
03/16/00
LV-2000-0128 04/28/00 $2,000
$73.11
$2,073.11
$.00
No
05/31/00
LV-2002-0309 08/19/02 $250
$105.50
$355.50
$.00
No
09/13/02
LV-2006-0316 3-2006 08/25/06 $350
$126.82
$476.82
$.00
No
09/08/06
LV-2013-0066 12-2012 04/16/13 $200
$137.00
$337.00
$.00
No
05/14/13
LV-2013-0104 2-2013 06/05/13 $200
$137.00
$337.00
$.00
No
08/23/13
LV-2014-0023 11-2013 03/13/14 $200
$147.50
$347.50
No
Total Cases: 8 Total Penalty Amount:
$4,450
Total Enforcement Cost:
$873.15
Sum of Total Paid: $4,975.65 Total Balance Due:
$347.50
Sum of Total Case Penalties:
$5,323.15
Total Penalties after remission(s):
$5,323.15
EFFLUENT
NPDES NO: NCO066788
DISCHARGE NO:
001
MONTH: November YEAR: 2013
FACILITY NAME: Buncombe County
Schools -Fairview EIem
CLASS:
II COUNTY: Buncombe
OPERATOR IN RESPONSIBLE CHARGE (ORC):
Richard Swilling
GRADE:
II Phone: 828-251-1900
CERTIFIED LABORATORIES (1):
Pace Analytical
(2)
CHECK BOX IF ORC HAS CHANGED: PERSON(S) COLLECTING SAMPLES: Richard Swillin k
MAIL ORIGINAL AND ONE G,EO aY��
ATTN: CENTRAL FILE _
Division of Water Quality JAN 0 8 2014
DENR X
1617 Mail Service Center ,C�,y )rt FILES (SIGNATURE OF OPERATOR IN RESPON BLE CHARGE) DATE
d^�ly iv d1.��
Raleigh, NC 27699-1617 i 4 1 BY THIS SIGNATURE, I CERTIFY THAT THIS REPORT IS
ACCURATE AND COMPLETE TO THE BEST OF MY KNOWLEDGE ---.1
50050
00010
00400
50060
00310
00610
00530
00300
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Facility Status: (Please check one of the following)
All monitoring data and sampling frequencies meet permit requirements
Compliant
All monitoring data and sampling frequencies do -NOT -meet permit requirements
No pmpl�ant
If the facility is noncompliant, please comment on corrective actions being taken in respect to equipment, operation, maintenance, etc., and
a time table for improvements to be made.
"I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with
a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the
person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted
is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false
information, including the possibility of fines and imprisonment for knowing violations."
Buncombe County Schools
Per Witte (PI p print or type)
o 9--))s3
Sign ture of Permittee** Date
175 Bingham Road Asheville, NC 28806 828-232-4244 12/31/2015
Permittee Address Phone Number Permit Exp. Date
PARAMETER CODES
00010 Temperature
00556 Oil & Grease
00951 Total Flouride
01067 Nickel
50060 Total
00076 Turbidity _
00600 Total Nitrogen
01002 Total Arsenic
01077 Silver
Residual
00080 Color -(Pt -Co)
00610 Ammonia Nitrogen
01092 Zinc
Chlorine
00082 Color (ADMI)
00625 Total Kjeldhal
01027 Cadium
01105 Aluminum
Nitrogen
00095 Conductivity
00630 Nitrates/Nitrites
01032 Hexavalent Chromiur
01147 Total Selenium
71880 Formaldehyde
00300 Dissolved Oxygen
01034 Chromium
31616 Fecal Coliform
71900 Mercury
00310 BOD5
00665 Total Phosphorous
32730 Total Phenolics
81551 Xylene
00340 COD
00720 Cyanide
01037 Total Cobalt
34235 Benzene
00400 pH
00745 Total Sulfide
01042 Copper
34481 Toluene
00530 Total Susppendec
00927.Total Magnesium
38260 MBAS
Residue .,
00929 Total Sodium
01045 Iron
39516 PCBs
00545 Settleable Matter
00940 Total Chloride
01051 Lead
50050 Flow
Parameter'Code assistance
may obtained by calling the
Water Quality Compliance Group at (919) 733-5083, extension 581 or 534.
The monthly average for fecal coliform is to be reported as a GEOMETRIC mean. Use only units designated in the reporting facility's
permit for reporting data.
*ORC must visit facility and document visitation of facility as required per 15A NCAC 8A.0202 (b) (5) (B).
**If signed by other than the permittee, delegation of signatory authority must be on file with the state per 15A NCAC 213.0506 (b) (2) (D).
DIVISION OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT (FILE)
Violator: Buncombe County Schools / Fairview Elementary / NCO066788
(.tiocember 2013 Di1R)
County: Buncombe
Case Number: LV-2014-0023
ASSESSMENT FACTORS
As required by G.S. 143-214.6A(c), in determining the amount of the penalty I considered the factors
set out in 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;
All effluent violations may be detrimental to the receiving stream but may not be
immediately quantified.
2) The duration and gravity of the violation;
Two Daily Max Fecal coliforms exceeded the permit limit by 162.5 % & 505 %.
3) The effect on ground or surface water quantity or quality or on air quality;
All effluent violations may be detrimental to the receiving stream but may not be
immediately quantified.
4) The cost of rectifying the damage;
The cost is unknown.
5) The amount of money saved by noncompliance;
The amount of money saved would include the cost of excess solids removal.
The amount of money saved would include the cost of maintenance and
replacement of equipment (blower motor) vital to the quality of the effluent.
A spare blower motor should be kept on site in case one breaks.
6) Whether the violation was committed willfully or intentionally;
It does not appear to be either.
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 two civil penalty assessments in the twelve months prior to this
violation.
8) The cost to the State of the enforcement procedures.
$147.50.
Date G. Landon Davidson, P.G., Regional Supervisor
Water Quality Regional Operations
Asheville Regional Office
03/13/2014
CCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Resources
Water Quality Programs
Pat McCrory Thomas A. Reeder
John E Skvarla, III
Governor Director
Secretary
February 6, 2014
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 70121010 0002 1967 7633
Mr. R. Belvin Hall
Buncombe County Schools
175 Bingham Road
Asheville, North Carolina 28806
Subject: Notice of Violation and
Recommendation for Enforcement
Tracking #: NOV-2014-LV-0041
Fairview Elementary School WWTP
NPDES Permit No. NCO066788
Buncombe County
Dear Mr. Hall:
A review of the November 2013 self -monitoring report for the subject facility revealed violations of the
following parameter:
Date
Outfall
Parameter
Reported Value
Permit Limit
11/05/2013
'001
Fecal coliform
1050 #/ 100 ml
400 #/ 100 ml
11/19/2013
001
Fecal coliform
2420 #/ 100 ml
400 #/ 100 ml
A Notice of Violation/ Notice of Recommendation for Enforcement (NOV/ NRE) is being issued for the
noted violation of North Carolina General Statute (G.S.) 143-215.1 and NPDES Permit No. NC0066788.
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 mi
writing within ten (10) days after receipt of this Notice. A review of your response will be considered along
with any information provided on the November 2013 Discharge Monitoring Report. 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.
Water Quality Regional Operations —Asheville Regional Office
2090 U.S. Highway 70, Swannanoa, North Carolina 28778
Phone: (828) 296.4500 FAX: (828) 299-7043
Internet hftp://portal.ncdenr.org/weblwq/ws
� qual Opportunity/ Affirmative Action Employer
Mr. R. Belvin Hall
February 6, 2014
Page Two
Remedial actions, if not already implemented, should be taken to correct any problems. The Division of
Water Resources may pursue enforcement actions for this and any additional violations. 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. You may
contact this office for additional information.
If you have questions concerning this matter, please do not hesitate to contact Janet Cantwell or
me at 828/296-4500.
Sincerely,
G. Landon Davidson, P.G.
Regional Supervisor
Water Quality Regional Operations Section
Asheville Regional Office
WQ�Ash vi11e5Fles
WQ Central Files
WQ Point Source Branch
G: \\k'R\WQ\Buncombe\Wastewater\Muiors\Fairview Elementary 66788\N0V-NRE-2014-LV-0041.doe
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Resources
Water Quality Programs
Pat McCrory Thomas A. Reeder
Governor Director
February 6, 2014
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7012 1010 0002 1967 7633
Mr. R. Belvin Hall
Buncombe County Schools
175 Bingham Road
Asheville, North Carolina 28806
Subject: Notice of Violation and
Recommendation for Enforcement
Tracking #: NOV-2014-LV-0041
Fairview Elementary School WWTP
NPDES Permit No. NCO066788
Buncombe County
Dear Mr. Hall:
John E Skvarla, III
Secretary
A review of the November 2013 self -monitoring report for the subject facility revealed violations of the
following parameter:
Date
Outfall
Parameter
Reported Value
Permit Limit
11/05/2013
001
Fecal coliform
1050 #/ 100 ml
400 #/ 100 ml
11/19/2013
001
Fecal coliform
2420 #/ 100 ml
400 #/ 100 ml
A Notice of Violation/ Notice of Recommendation for Enforcement (NOV/ NRE) is being issued for the
noted violation of North Carolina General Statute (G.S.) 143-215.1 and NPDES Permit No. NC0066788.
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) days after receipt of this Notice. A review of your response will be considered along
with any information provided on the November 2013 Discharge Monitoring Report. 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.
Water Quality Regional Operations —Asheville Regional Office
2090 U.S. Highway 70, Swannanoa, North Carolina 28778
Phone: (828) 296.4500 FAX: (828) 299-7043
Internet: http://portal.ncdenr.org/weblwq/ws
An Equal Opportunity/ Affirmative Action Employer
Mr. R. Belvin Hall
February 6, 2014
Page Two
Remedial actions, if not already implemented, should be taken to correct any problems. The Division of
Water Resources may pursue enforcement actions for this and any additional violations. 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. You may
contact this office for additional information.
If you have questions concerning this matter, please do not hesitate to contact Janet Cantwell or
me at 828/296-4500.
Sincerely,
G. Landon Davidson, P.G.
Regional Supervisor
Water Quality Regional Operations Section
Asheville Regional Office
cc: WQ Asheville Files
WQ Central Files
WQ Point Source Branch
G:\W \WQ',Buncombe\Wastewatee,Minors\F-,iirvie« Elementary 66788\NOV-NPE-2014-LV-0041.doc
9`0 CD
North Carolina Department of Environment and
Division of Water Quality
Pat McCrory Charles Wakild, P.E.
Governor Director
April 16, 2013
FIL
Natural Resources
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7010 1870 0003 087-5 3008
Mr. R. Belvin Hall, Assistant Director, Maintenance
Buncombe County Schools
175 Bingham Road
Asheville, North Carolina 28806
John E. Skvarla, III
Secretary
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 Permit NCO066788
Buncombe County Schools
Fairview Elementary School WWTP
Case No. LV-2013-0066
Buncombe County
Dear Mr. Hall:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $337.00
($200.00 civil penalty + $137.00 enforcement costs) against Buncombe County Schools.
This assessment is based upon the following facts: a review has been conducted of the discharge
monitoring report (DMR) submitted by Buncombe County Schools for the month of December
2012. This review has shown the subject facility to be in violation of the discharge limitations
and/or monitoring requirements found in NPDES Permit NC0066788. The violations which
occurred in December 2012 are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that Buncombe County Schools violated
the terms, conditions or requirements of NPDES Permit NCO066788 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).
Based upon the above findings of fact and conclusions of law, and in accordance with authority
provided by the Secretary of the Department of Environment and Natural Resources and the
Director of the Division of Water Quality, I, Chuck Cranford, Division of Water Quality Regional
Supervisor for the Asheville Region, hereby make the following civil penalty assessment against
Buncombe County Schools:
NoAhCarolina
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE
Location: 2090 U.S. Highway 70, Swannanoa, NC 28778
Phone:t 2997043
Internet: www.ncwatergualitv.org
2 of the 2 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$200.00 NC0066788, by discharging waste water into the waters of the State
in violation of the Permit Daily Maximum limit for FEC COLS
$200.00 TOTAL CIVIL. PENALTY
$137.00 Enforcement Costs
$337.00 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 days of receipt of this notice, you must do one of the following:
Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environment and Natural
Resources (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:
Point Source Compliance/Enforcement Unit
Division of Water Quality
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
OR
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 Quality 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 14313-282.1(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 the Division of Water Quality 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 Quality also requests that
you complete and submit the enclosed "Justification for Remission Request." Both forms should
be submitted to the following address:
Point Source Compliance/Enforcement Unit
Division of Water Quality
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
M
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 original and one (1) copy of the petition must be filed with the Office
of Administrative Hearings. The petition may be faxed - provided the original and one copy of the
document is received in the Office of Administrative Hearings within five (5) business days
following the faxed transmission. The mailing address for the Office of Administrative Hearings
is:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, North Carolina 27699-6714
Telephone (919) 733-2698 Facsimile: (919) 733-3478
and
Mail or.hand-deliver a copy of the petition to
Mary Penny Thompson, General Counsel
Department of Environment and Natural Resources
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 Janet Cantwell of the Water Quality staff of the
Asheville Regional Office at 828-296-4500.
Sincerely,
/-f- ��..�.��
Chuck C anford, Regiona' Supervisor
Surface Water Protection Section
Asheville Regional Office
ATTACHMENTS
c��c;��a)�WQaRegtona-"al�lup� . i rstw/�titac w., ,efts-�_ ;
NPDES Point Source w/ attachments
DWQ Central Files w/ attachments
RPB Systems/ ORC w/ attachments
5^,SS\ P\f3uncomhc';�ilastcEvater:i9inors`,Fairview Elementary 667881Lv ?013-0066.doe
JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: LV-2013-0066 County: Buncombe
Assessed Party: Buncombe County Schools/ Fairview Elementary School WWTP
Permit No: NCO066788
Amount Assessed: $337.00
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 applies. 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:
STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
COUNTY OF BUNCOMBE
IN THE MATTER OF ASSESSMENT ) WAIVED OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) AIDMINSTRATIVE HEARING AND
STIPULATION OF FACTS
BUNCOMBE COUNTY SCHOOLS / )
FAIRVIEW ELEMENTARY SCHOOL WWTP 1
PERMIT NO. NCO066788 ) FILE NO. LV-2013-0066
Having been assessed civil penalties totaling $337.00 for violation(s) as set forth in the
assessment document of the Division of Water Quality dated April 16, 2013, 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 Quality 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
ADDRESS
TELEPHONE
SIGNATURE
20
ATTACHMENT A
Buncombe County Schools
CASE NUMBER: LV-2013-0066
PERMIT:
NCO066788
FACILITY: Fairview Elementary School
COUNTY: Buncombe
REGION: Asheville
Limit Violations
MONITORING OUTFALU
VIOLATION
UNIT OF
CALCULATED % OVER
PENALTY
REPORT PPI
LOCATION PARAMETER
DATE FREQUENCY
MEASURE LIMIT
VALUE LIMIT VIOLATION TYPE
$100.00
12-2012 001
Effluent FEC COLI
12/04/12 Weekly
#/100ml 400
613 53.25 Daily Maximum Exceeded
$100.00
12-2012 001
Effluent FEC COLI
12/18/12 Weekly
#/100ml 400
1,730 332.50 Daily Maximum Exceeded
DIVISION OF WATER QUALITY - CIVIL PENALTY ASSESSMENT (FILE)
Violator: Buncombe County Schools / Fairview Elementary School / NCO066788
(December 2012 D_11R)
County: Buncombe
Case Number: LV-2013-0066
ASSESSMENT FACTORS
As required by G.S. 143-214.6A(c), in determining the amount of the penalty I considered the factors
set out in 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;
All effluent violations may be detrimental to the receiving stream but may not be
immediately quantified.
2) The duration and gravity of the violation;
Two Daily Max Geometric Mean Fecal coliforms exceeded the permit limit
by 53.25 % & 332.5 %.
3) The effect on ground or surface water quantity or quality or on air quality;
All effluent violations may be detrimental to the receiving stream but may not be
immediately quantified.
4) The cost of rectifying the damage;
The cost is unknown.
5) The amount of money saved by noncompliance;
The amount of money saved would include the cost of excess solids removal and a
regular cleaning program for the chlorine contact basin.
6) Whether the violation was committed willfully or intentionally;
It does not appear to be either.
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 no civil penalty assessments in the twelve months prior to this
violation.
8) The cost to the State of the enforcement procedures.
$137.00.
Date Chuck r ford, Regi nal Supervisor
Surface —Water Protection Section
Asheville Regional Office
04/15/2013
Permit Enforcement History Details by Owner
04/15/13
1
Owner: Buncombe County Schools
Facility: Fairview Elementary School
Permit: NCO066788
Region: Asheville County: Buncombe
Penalty Remission Enf EMC EMC OAH Collection Has
Assessment Penalty Enforcemen Request Enf Conf Remission Hearing Remission Remission Memo Sent Balance Pmt Case
Case Number MR Approved Amount t Costs Damages Received Held Amount Held Amount Amount to AGO Total Paid Due Plan Closed
LV-2000-0030 01/28/00 $250 $73.11 $323.11 $.00 No 03/07/00
LV-2000-0047 02/25/00 $1,000 $73.11 $1,073.11 $.00 No 03/16/00
LV-2000-0128 04/28/00 $2,000 $73.11 $2,073.11 $.00 No 05/31/00
LV-2002-0309 08/19/02 $250 $105.50 $355.50 $.00 No 09/13/02
LV-2006-0316 3-2006 08/25/06 $350 $126.82 $476.82 $.00 No 09/08/06
Total Cases: 5 Total Penalty Amount: $3,850 Total Enforcement Cost: $451.65 Sum of Total Paid: $4,301.65 Total Balance Due: $.00
Sum of Total Case Penalties: $4,301.65 Total Penalties after remission(s): $4,301.65
V- - - - - - - - ----- - E-FFLU ENT. ._
NPDES NO: NCO066788 DISCHARGE NO: 001 MONTH: Cettipber YEAR: 2012
FACILITY NAME: Buncombe County Schools -Fairview Elem CLASS: II a r COUNTY: Buncombe
OPERATOR IN RESPONSIBLE CHARGE-(ORC): Todd Moore GRADE: III Phone.-",., 828-261-1900
,y
CERTIFIED LABORATORIES (1): Pace Analytical (2) "�-J %
CHECK BOX IF ORC HAS CHANGED: PERSON(S) COLLECTING SAMPLES: A'
MAIL ORIGINAL AND ONE COPY TO:
ATTN: CENTRAL FIL
Division of Water Quality
DENR - -- -- - X-- - --�
1617 Mail Service Center FEB 4 - 01 (SIGNATVIk9OF OPERAT %f�RE�SPONSIBLE CHARGE)
Raleigh, NC 27699-1617 _ . _ BY THIS SIGNATURE, 1 `RTIFY THTHIS REPORT ISkZpo �E
U=R1, A g'ck.,- NUES ACCURATE AND COMPLETE TO THE BEST OF MY1GE
Todd, Moore
M
,E
DATE
IN qFoIrRevis.d 12/93) � nX-t:r �� �✓ (/
Facility Status: (Please check one of the following)
All monitoring data and sampling frequencies meet permit requirements
-- - - - Compliant
All monitoring data and sampling frequencies do NOT meet permit requirements
N. cpliant
If the facility is noncompliant, please comment on corrective actions being taken in respect to equipment, operation, maintenance, etc., and
a time table for improvements to be made. 1 d1 L d
f, l�q•'d1 ' r,'R4� £'�1'�, `j ^e•I ,a'i �;�F � �� IL���'11 .`.�l[a >I..'d'��G die 6%l u�fl,',�'� Ule'r l!�d {�/,? 6 i�C)"-AK
"I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with
a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the
person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted
is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false
information, including the possibility of fines and imprisonment for knowing violations."
Buncombe County Schools
PermitP ease rint or type)
7 �/nI� 3
Signature of Permittee** Date
175 Bingham Road Asheville, NC 28806
828-232-4244
12/31/2015
Permittee Address
Phone Number
Permit Exp. Date
PARAMETER CODES
00010 Temperature ..
00556 Oil & Grease
00951 Total Flouride
01067 Nickel
50060 Total
00076 Turbidity'
00600 Total Nitrogen
01002 Total Arsenic
01077 Silver
Residual
00080 Color (Pt -Co)
00610 Ammonia Nitrogen
01092 Zinc
Chlorine
00082 Color'(ADMI)
00625 Total.Kjeldhal
01027 Cadium
01105 Aluminum
Nitrogen
00095 Conductivity
00630 Nitrates/Nitrites
01032 Hexavalent Chromiur
01147 Total Selenium
71880 Formaldehyde
00300 Dissolved Oxygen
.
01034 Chromium
31616 Fecal Coliform
71900 Mercury
00310 BOD5
00665 Total Phosphorous
32730 Total Phenolics
81551 Xylene
00340 COD
00720 Cyanide
01037 Total Cobalt
34235 Benzene
00400 pH
00745 Total Sulfide
01042 Copper
34481 Toluene
00530 Total Susppendec
00927 Total Magnesium
38260 MBAS
Residue
00929 Total Sodium
01045 Iron
39516 PCBs
00545 Settleable Matter
00940 Total Chloride
01051 Lead
50050 Flow
Parameter Code assistance may obtained by calling the Water Quality Compliance Group at (919) 733-5083, extension 581 or 534.
The monthly average for fecal coliform is to be reported as a GEOMETRIC mean. Use only units designated in the reporting facility's
permit for reporting data.
*ORC must visit facility and document visitation of facility as required per 15A NCAC 8A.0202 (b) (5) (B).
**If signed by other than the permittee, delegation of signatory authority must be on file with the state per 15A NCAC 2B.0506 (b) (2) (D).
DIVISION OF WATER QUALITY - CIVIL PENALTY ASSESSMENT (FILE)
Violator: Buncombe County Schools / Fairview Elementary School / NCO066788
(December 2012 DMIZ)
County: Buncombe
Case Number: LV-2013-0066
ASSESSMENT FACTORS
As required by G.S. 143-214.6A(c), in determining the amount of the penalty I considered the factors
set out in 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;
All effluent violations may be detrimental to the receiving stream but may not be
immediately quantified.
2) The duration and gravity of the violation;
Two Daily Max Geometric Mean Fecal coliforms exceeded the permit limit
by53.25 %&332.5%.
3) The effect on ground or surface water quantity or quality or on air quality;
All effluent violations may be detrimental to the receiving stream but may not be
immediately quantified.
4) The cost of rectifying the damage;
The cost is unknown.
5) The amount of money saved by noncompliance;
The amount of money saved would include the cost of excess solids removal and a
regular cleaning program for the chlorine contact basin.
6) Whether the violation was committed willfully or intentionally;
It does not appear to be either.
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 no civil penalty assessments in the twelve months prior to this
violation.
8) The cost to the State of the enforcement procedures.
$137.00.
Date Chuck Cranford, Regional Supervisor
Surface Water Protection Section
Asheville Regional Office
04/15/2013
A7j'lt�'Ar
WDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Pat McCrory Charles Wakild, P.E. John E. Skvarla, III
Governor Director Secretary
April 16, 2013
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. R. Belvin Hall, Assistant Director, Maintenance
Buncombe County Schools
175 Bingham Road
Asheville, North Carolina 28806
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 Permit NCO066788
Buncombe County Schools
Fairview Elementary School WWTP
Case No. LV-2013-0066
Buncombe County
Dear Mr. Hall:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $337.00
($200.00 civil penalty + $137.00 enforcement costs) against Buncombe County Schools.
This assessment is based upon the following facts: a review has been conducted of the discharge
monitoring report (DMR) submitted by Buncombe County Schools for the month of December
2012. This review has shown the subject facility to be in violation of the discharge limitations
and/or monitoring requirements found in NPDES Permit NC0066788. The violations which
occurred in December 2012 are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that Buncombe County Schools violated
the terms, conditions or requirements of NPDES Permit NCO066788 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).
Based upon the above findings of fact and conclusions of law, and in accordance with authority
provided by the Secretary of the Department of Environment and Natural Resources and the
Director of the Division of Water Quality, I, Chuck Cranford, Division of Water Quality Regional
Supervisor for the Asheville Region, hereby make the following civil penalty assessment against
Buncombe County Schools:
One NhCarolina
Naturally
SURFACE WATER PROTECTION —ASHEVILLE REGIONAL OFFICE
Location: 2090 U.S. Highway 70, Swannanoa, NC 28778
Phone: (828) 296-4500\FAX: 828 2997043
Internet: www.ncwaterguality.org
2 of the 2 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$200.00 NC0066788, by discharging waste water into the waters of the State
in violation of the Permit Daily Maximum limit for FEC COLI.
$200.00 TOTAL CIVIL PENALTY
$137.00 Enforcement Costs
$337.00 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. 14313-
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 days of receipt of this notice, you must do one of the following:
Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environment and Natural
Resources (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 o£
Point Source Compliance/Enforcement Unit
Division of Water Quality
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
OR
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 Quality 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 14313-282.1(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 the Division of Water Quality 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 Quality also requests that
you complete and submit the enclosed "Justification for Remission Request." Both forms should
be submitted to the following address:
Point Source Compliance/Enforcement Unit
Division of Water Quality
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
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 original and one (1) copy of the petition must be filed with the Office
of Administrative Hearings. The petition may be faxed - provided the original and one copy of the
document is received in the Office of Administrative Hearings within five (5) business days
following the faxed transmission. The mailing address for the Office of Administrative Hearings
is:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, North Carolina 27699-6714
Telephone (919) 733-2698 Facsimile: (919) 733-3478
and
Mail or hand -deliver a copy of the petition to
Mary Penny Thompson, General Counsel
Department of Environment and. Natural Resources
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 Janet Cantwell of the Water Quality staff of the
Asheville Regional Office at 828-296-4500.
Sincerely,
Chuck Cranford, Regional Supervisor
Surface Water Protection Section
Asheville Regional Office
ATTACHMENTS
cc: DWQ Regional Supervisor w/ attachments
NPDES Point Source w/ attachments
DWQ Central Files w/ attachments
RPB Systems/ ORC w/ attachments
S:\SWI"%, 3uneombc" astei,vatee\Minors\Pnirview Elementary 6673811I..V u013-0066.doe
JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: LV-2013-0066 County: Buncombe
Assessed Party: Buncombe County Schools/ Fairview Elementary School WWTP
Permit No: NC0066788
Amount Assessed: $337.00
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 applies. 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:
STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
COUNTY OF BUNCOMBE
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND
STIPULATION OF FACTS
BUNCOMBE COUNTY SCHOOLS / )
FAIRVIEW ELEMENTARY SCHOOL WWTP )
PERMIT NO. NCO066788 ) FILE NO. LV-2013-0066
Having been assessed civil penalties totaling $337.00 for violation(s) as set forth in the
assessment document of the Division of Water Quality dated April 16, 2013, 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 Quality 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
SIGNATURE
ADDRESS
TELEPHONE
20
ATTACHMENT A
Buncombe County Schools
CASE NUMBER: LV-2013-0066
PERMIT: NCO066788 FACILITY: Fairview Elementary School COUNTY: Buncombe REGION: Asheville
Limit Violations
MONITORING OUTFALLI VIOLATION UNIT OF CALCULATED % OVER
PENALTY REPORT PPI LOCATION PARAMETER DATE FREQUENCY MEASURE LIMIT VALUE LIMIT VIOLATION TYPE
$100.00 12-2012 001 Effluent FEC COLI 12/04/12 Weekly #/100ml 400 613 53.25 Daily Maximum Exceeded
$100.00 12-2012 001 Effluent FEC COLI 12/18/12 Weekly #/100ml 400 1,730 332.50 Daily Maximum Exceeded
EFFLUENT- n
NPDES NO: NCO066788 DISCHARGE NO: 001 � MONTH: Deel6mt
FACILITY NAME: Buncombe County Schools -Fairview Elem CLASS: � II �� COUNTY
OPERATOR IN RESPONSIBLE CHARGE (ORC): Todd Moore GRADE: III } F': Phone:
CERTIFIED LABORATORIES (1): Pace Analytical (2)
E,
YEAR: 2012
Buncombe
828-251-1900
CHECK BOX IF ORC HAS CHANGED: PERSON(S) COLLECTING SAMPLES: ' 'v r T OCJCj Moore
MAIL ORIGINAL AND ONE COPY TO
ATTN: CENTRAL FILE
Division of Water Quality F W F.
DENR S�
1617 Mail Service Center �"y 0 1 j ��1a
Raleigh, NC 27699-1617 _
umvc'
(SIGNATY.69OF OPERAT //,IIOER SPONSIBLE CHARGE) " �� % DATE
BY THIS SIGNATURE, I CiRTIFY THAT THIS REPORT ISS
ACCURATE AND COMPLETE TO THE \BEST OF MY1QEt�NE
DE For MR- evised 12/93) a i7Y//
Facility Status: (Please check one of the following)
All monitoring data and sampling frequencies meet permit requirements
C I'
- - - omp ian
._
All monitoring data and sampling frequencies do NOT meet permit requirements
No' cif oRpliant
If the facility is noncompliant, please comment on corrective actions being taken in respect to equipment, operation, maintenance, etc., and
a time table for improvements to be made.
g 1
If,an.`nrt v%'l)edijje 4t, dl.' j
"I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with
a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the
person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted
is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false
information, including the possibility of fines and imprisonment for knowing violations."
Buncombe County Schools
Permitte ,(P,�ease rint or type)
( � M 413
Signature of Permittee** Date
115 Bingham Road Asheville, NC 28806 828-232-4244 12/31/2015
Permittee Address Phone Number Permit Exp. Date
00010 Temperatore . _ i ::00556
Oil & Grease
00076 Turbidity `=` ' -
00600 Total Nitrogen
00080 Color (Pt -Go)
00610 Ammonia Nitrogen
00082 Color (ADM[)
00625 Total Kjeldhal
Nitrogen
00095 Conductivity
00630 Nitrates/Nitrites
00300 Dissolved Oxygen
00310 BOD5
00665 Total Phosphorous
00340 COD
00720 Cyanide
00400 pH
00745 Total Sulfide
00530 Total Susppendec
00927 Total Magnesium
Residue
00929 Total Sodium
00545 Settleable Matter
00940 Total Chloride
PARAMETER CODES
00951 Total Flouride 01067 Nickel 50060 Total
01002 Total Arsenic 01077 Silver Residual
01092 Zinc Chlorine
01027 Cadium 01105 Aluminum
01032 Hexavalent Chromiur 01147 Total Selenium 71880 Formaldehyde
01034
Chromium
31616
Fecal Coliform 71900 Mercury
32730
Total Phenolics 81551 Xylene
01037
Total Cobalt
34235
Benzene
01042
Copper
34481
Toluene
38260
MBAS
01045
Iron
39516
PCBs
01051
Lead
50050
Flow
Parameter Code assistance may obtained by calling the Water Quality Compliance Group at (919) 733-5083, extension 581 or 534.
The monthly average for fecal coliform is to be reported as a GEOMETRIC mean. Use only units designated in the reporting. facility's
permit for reporting data.
*ORC must visit facility and document visitation of facility as required per 15A NCAC 8A.0202 (b) (5) (B).
**If signed by other than the permittee, delegation of signatory authority must be on file with the state per 15A NCAC 213.0506 (b) (2) (D).
Permit Enforcement History Details by Owner
04/16/13
1
Owner: Buncombe County Schools
Facility: Fairview Elementary School
Permit: NCO066788
Region: Asheville
County: Buncombe
Penalty
Remission Enf EMC
EMC OAH Collection Has
Assessment Penalty
Enforcemen Request Enf Conf Remission Hearing
Remission Remission Memo Sent Balance Pmt
Case
Case Number MR Approved Amount
t Costs Damages Received Held Amount Held
Amount Amount to AGO Total Paid Due Plan
Closed
LV-2000-0030 01/28/00 $250
$73.11
$323.11 $.00 No
03/07/00
LV-2000-0047 02/25/00 $1,000
$73.11
$1,073.11 $.00 No
03/16/00
LV-2000-0128
04/28/00 $2,000
$73.11
$2,073.11 $.00 No 05/31/00
LV-2002-0309
08/19/02 $250
$105.50
$355.50 $.00 No 09/13/02
LV-2006-0316 3-2006
08/25/06 $350
$126.82
$476.82 $.00 No 09/08/06
Total Cases: 5
Total Penalty Amount:
$3,850 Total Enforcement Cost: $451.65
Sum of Total Paid: $4,301.65 Total Balance Due: $.00
Sum of Total Case Penalties: $4,301.65
Total Penalties after remission(s): $4,301.65
.. r 4 FI L E
NC®ENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Pat McCrory Charles Wakild, P.E. John E. Skvarla, III
Governor Director Secretary
March 22, 2013
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7010 1870 0003 0875 2766
Mr. R. Belvin Hall, Assistant Director, Maintenance
Buncombe County Schools
175 Bingham Road
Asheville, North Carolina 28806
Subject: Notice of Violation and
Recommendation for Enforcement
Tracking #: NOV-2013-LV-0175
Fairview Elementary School WWTP
NPDES Permit No. NCO066788
Buncombe County
Dear Mr. Hall:
A review of the December 2012 self -monitoring report for the subject facility revealed violations of the
following parameter:
Date
Outfall
Parameter
Reported Value
Permit Limit
12/04/2012
001
Fecal coliform
613 #/ 100 ml
400 #/ 100 ml
12/18/2012
001
Fecal coliform
1730 #/ 100 ml
400 #/ 100 ml
A Notice of Violation/ Notice of Recommendation for Enforcement (NOV/ NRE) is being issued for the
noted violation of North Carolina General Statute (G.S.) 143-215.1 and NPDES Permit No. NCO066788.
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) days after receipt of this Notice. A review of your response will be considered along
with any information provided on the December 2012 Discharge Monitoring Report. 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.
SURFACE WATER PROTECTION SECTION —ASI IEVILLE REGIONAL OFFICE
Location: 2090 U.S. Highway 70, Swannanoa_ North Carolina 28778
Phone: 828-296-4500\ Fax: 828-299-7043
Internet: htto://Por al.nodenr.oralweb/wq
n Equal Opportunity \ Affirmative Action Employer— 50% Recycled/10% Post Consumer paper
NortlCarolina
�R'tllt�!!lJ
Mr. R. Belvin Hall
March 22, 2013
Page Two
Remedial actions, if not already implemented, should be taken to correct any problems. The Division of
Water Quality may pursue enforcement actions for this and any additional violations. 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. You may
contact this office for additional information.
If you have questions concerning this matter, please do not hesitate to contact Janet Cantwell or
me at 828/296-4500.
Sincerely,
/f a
Chuck Cranford, Regionaf Supervisor
Surface Water Protection Section
Asheville Regional Office
cc:s � 11e F'les,
DWQ Central Files
DWQ Point Source Branch,
S:1S�N4P\Buncombe!Wastewater`•,Liinor,�'airview Elementary 667831N0V-NRE-2013-LV-0l ii.doc
Pat McCrory
Governor
v�
Q= ,Q
CENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Charles Wakild, P.E. John E. Skvarla, III
Director
March 22, 2013
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7010 1870 0003 0875 2766
Mr. R. Belvin Hall, Assistant Director, Maintenance
Buncombe County Schools
175 Bingham Road
Asheville, North Carolina 28806
Subject: Notice of Violation and
Recommendation for Enforcement
Tracking #: NOV-2013-LV-0175
Fairview Elementary School WWTP
NPDES Permit No. NCO066788
Buncombe County
Dear Mr. Hall:
Secretary
A review of the December 2012 self -monitoring report for the subject facility revealed violations of the
following parameter:
Date
Outfall
Parameter
Reported Value
Permit Limit
12/04/2012
001
Fecal coliform
613 #/ 100 ml
400 #/ 100 ml
12/18/2012
001
Fecal coliform
1730 #/ 100 ml
400 #/ 100 ml
A Notice of Violation/ Notice of Recommendation for Enforcement (NOV/ NRE) is being issued for the
noted violation of North Carolina General Statute (G.S.) 143-215.1 and NPDES Permit No. NC0066788.
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) days after receipt of this Notice. A review of your response will be considered along
with any information provided on the December 2012 Discharge Monitoring Report. 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.
SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE
Location: 2090 U.S. Highway 70, Swannanoa, North Carolina 28778
Phone: 828-296-4500\ Fax: 828-299-7043
Internet: http://portal.ncdenr.org/web/wq
NorthCarolina
'Nah al&
An Equal opportunity \ Affirmative Action Employer — 50% Reeycled/10% Post Consumer paper
Mr. R. Belvin Hall
March 22, 2013
Page Two
Remedial actions, if not already implemented, should be taken to correct any problems. The Division of
Water Quality may pursue enforcement actions for this and any additional violations. 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. You may
contact this office for additional information.
If you have questions concerning this matter, please do not hesitate to contact Janet Cantwell or
me at 828/296-4500.
Sincerely,
Chuck Cranford, Regional Supervisor
Surface Water Protection Section
Asheville Regional Office
cc: DWQ Asheville Files
DWQ Central Files
DWQ Point Source Branch
S:\SNN'P\F3uncouibe\WastewateO:hlinors\Fairview Elementary 667881NOV=NRE 2013-LV-017i.doc
■ Complete items 1, 2, and 3.
item 4 if Restricted Delivery
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Buncombe County Schools
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,NCDENR -L '
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2090 U.S. I -.
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iENDER: COMPLETE THIS SECTION
COMPLETE THIS SECTION ON DELIVERY
■ Complete items 1, 2, and 3. Also complete
Delivery is desired.
A. Signat rp
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item 4 if Restricted
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■ 'Print your name and address on the reverse
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WT _ - 'W Environment and Natur4Ve
2090 U.S.
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oBuncombe County
l`- Board of Education Maintenance ..........
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Asheville INC 28806 .
Water Qualify Regional 00
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JANET CANTW
NCDENR-DWR-V
2090 U.S. HIGHVII
SWANNANOA NC
„1�1►ltl,rl elt l!„1„l,t�rr
Certified Mail Provides:
■ A mailing receipt
■ Aunique identifiierfor Your mailpiece
■ A record of delivery kept by the Postal Service for two years
Important Reminders:
■ Certified Mail may ONLY be combined with First -Class Maile or Priority Maile
■ Certified Mail is not available for any class of international mail.
■ NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. For
valuables, please consider Insured or Registered Mail.
■ For an additional fee, a Return Receipt maybe requested to provide proof of
delivery. To obtain Return Receipt service, please complete and attach a Return
Receipt (PS Form 3811) to the article and add applicable postage to cover the
fee. Endorse mailpiece "Return Receipt Requested". To receive a fee waiver for
a duplicate return receipt, a USPS® postmark on your Certified Mail receipt is
required.
■ For an additional fee, delivery may be restricted to the addressee or
addressee's authorized agent. Advise the clerk or mark the mailpiece with the
endorsement Restricted Delivery ;
■ If a postmark on the Certified Mail receipt is desired, please present the arti-
cle at>the post office for postmarking, If a postmark on the Certified Mail
receipt Wriot needed, detach and affix label with postage and mail.
IMPORTANT: Satre this receipt and present it when making an inljuiry.
PS Form 3800, August 2006 (Reverse) PSN 7530-02-o00-9047
■ Complete items 1,�2, and 3. Also complete A. Signno,
item 4 if Restricted delivery Is desired. ff-Agent
■ Print your- name:and�;address on the reverse X ❑ Addressee
SO that We can r2t0the Card t0 you. B. Received by (Printed Name) C. Date of Deliver
Attach ffis_r.9irt to tha-hark-nf_tE?asnailniocp _ 4 L
North Carolina Department df Iss`differ�htfrom email ❑ Yes
��� • - Environment and Natural Resources J 3
liver�ddress:b61oelow:", ❑ No
Division of Water Quality
Water Quality Regional Operations I� NCDENR
, rl 2090 U,S. Highway 70�,S.wannanoa, NC 28778 `t
` Mr. R. Belvin Hall, Assistant Director�'-
1 Buncombe County_' :,- 3. S ice Type
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Mr. R. Belvin Hall, Assistant Director 1
] Buncombe County 7
_ Board of Education Maintenance __________________________
175 Bingham Road
Asheville NC 28806
102595-02-M-154
UNITED STATES POSTAL SERVICE - ss Mail
Postage Paid
USPS
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• Sender: Please print your name, address, an O+4 in is bo °ice
— -- — ��_ t'� o - --
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e A mailing receipt
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NC
20S Important Reminders:
sv% ■ Certified Mail may ONLY be combined with First -Class Mail® or Priority Mail(
- --- - - ■ Certified Mail is not available for any class of international mail.
■ NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. Fo
valuables, please consider Insured or Registered Mail.
■ For an additional fee, a Return Receipt may be requested to provide proof of
delivery. To obtain Return Receipt service, please complete and attach a Returr
Receipt (PS Form 3811) to the article and add applicable postage to cover the
fee. Endorse mailpiece "Return Receipt Requested". To receive a fee waiver fo(
a duplicate return receipt, a USPS® postmark on your Certified Mail receipt is
required. j
f ltiffF,t'i' ■ For an additional fee, delivery may be restricted to the addressee o
addressee's authorized agent. Advise the clerk or mark the mailpiece with th(
endorsement "Restricted Delivery':
m If a postmark on the Certified Mail receipt is desired, please present the arti•
cle at the post office for postmarking. If a postmark on the Certified Mai
receipt is not needed, detach and affix label with postage and mail.
IMPORTANT- Save this receipt and present it when making an inquiry.
PS Form 3800, August 2006 (Reverse) PSN 7530-02-000-9047
■ Complete items 1, 2, and 3. Also complete A. Signature
item 4 if Restricted Delivery is desired. X
■ Print your name and address on the reverse
so that we can return the card to you.
B. Received by (Printed Name)
�!c 00 & ���N��/
� orth Carolina Department of
Environment and Natural Resources
Division of Water Quality
NCDENR 2090 U.S. Highway 70, Swannanoa, NC 28778
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i Mr. Belvin Hall, Assistant Director 11
I Buncombe County
Board of Education Maintenance
175 Bingham Road
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r102595-02-M-1540
O T?l Postage & Fees I-;p I
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C. Date of Delivery
Sent To 2
Mr. Belvin Hall, Assistant Director -_�
:3 Buncombe County
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Asheville NC 28806
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Certified Mail Provides:
-� �'---
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■ A unique identifier for your mailpiece
■ A record of delivery kept by the Postal Service for two years
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Important Reminders:
■ Certified Mail may ONLY be combined
with First -Class Mail® or Priority Mailo.
■ Certified Mail is not available for any class of international mail.
a NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. For
valuables, please consider Insured or Registered Mail.
■ For an additional fee, a Return Receipt may be requested to provide proof of
delivery. To obtain Retum Receipt service, please complete and attach Return
I Ii
a
Receipt (PS Form 3811) to the article and add applicable postage to cover the
fee. Endorse mailpiece "Return Receipt Requested". To receive a fee waiver for
a duplicate return receipt, a USPS® postmark on Certified
required. your Mail receipt is
■ For an additional fee, delivery may be restricted to the addressee or
addressee's authorized agent. Advise the clerk or mark the mailpiecN with the
endorsement "Restricted Delivery"
.
■ If a postmark on the Certified Mail receipt is desired, please present the arti-
cle at the post office for postmarking. If a postmark on the Certified Mail
receipt is not needed, detach and affix label with postage and mail. -
'IMPORTANT.
Save this receipt and present it when making an inquiry.
PS Fonn 3800, August 2006 (Reverse) PSN 7530-02-000-9047 _
■ Complete items 1, 2, and 3. Also complete A. Signa ure
item 4 if Restricted Delivery is desired.
■ Print your name and address on the reverse Vk)V
so that we can return the Card to you.B. ReIrtment
ed by1Printed Name)
06-71 gNorth Carolina De of
• Environment and Natural Resources'-ssdifferentfn
Division of Water Qualitplive�ry.addres:
Surface Water Protection Seetio`n+��
ACDENR 2090 U.S. Highway 70, Swannanoa, NC � 7,$°i
a
� Mr. Belvin Hall, Assistant Director
r Buncombe County
r7 Board of Education Maintenance
176 Bingham Road
Asheville NC 28806
❑ Agent
❑ Addresses
C. Date of Deliver)
item 1? ❑ Yes
Blow: ❑ No
"7a 1
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lceTypey\�U f
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(Er;
a
Total Postage &Fees
a
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Mr. Belvin Hall, Assistant Director ....
Buncombe County
Board of Education Maintenance --•-
175 Bingham Road
Asheville NC 28806
UNITED STATES POSTAL SER
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NC ■ A mailing receipt
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_sw�a ■ A record of delivery kept by the Postal Service for two years
O°
Important Reminders:
■ Certified Mail may ONLY be combined with First -Class Mail® or Priority Mail,
ra Certified Mail is not available for any class of international mail.
■ NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. Fo
valuables, please consider Insured or Registered Mail.
■ For an additional fee, a Return Receipt may be requested to provide proof of
delivery. To obtain Return Receipt service, please complete and attach a Return
Ili Receipt (PS Form 3811) to the article and add applicable postage to cover the
fee. Endorse mailpiece "Return Receipt Requested". To receive a feQ waiver for
a duplicate return receipt, a LISPS® postmark on your Certified Mail receipt is
required.
■ For an additional fee, delivery may be restricted to the addressee of
addressee's authorized agent. Advise the clerk or mark the mailpiece with the
endorsement "Restricted Delivery".
■ If a postmark on the Certified Mail receipt is desired, please present the arti-
cle at the post office for postmarking. If a postmark on the Certified Mail
receipt is not needed, detach and affix label with postage and mail.
IMPORTANT: Save this receipt and present it when making an inquiry.
PS Form 3800, August 2006 (Reverse) PSN 7530-02-000-9047
r
MPLETE THIS . _.. .
SECTIONi
■ Complete items 1,2,and 3.Also complete I A. S gn ure
item 4 if Restricted Delivery is desired
Print your name and address on the reverse 13 Agent )
so that we can return the card to you. Vh'(1 L ❑Addressee I
B. Rece' ed byf Printed Name
• / '�` l ) C. Date of Delivery I
r ►� N North Carolina De rtment of
Environment and Natural Resources6ss different from item 1? ❑Yes
Division of Water Quallt Iry I
'NMENR Surface Water Protection SeC ion{\ �ryaddress below: ❑No
2090 U.S.Highway 70,Swannanoa, NC
I
Mr.Belvin Hall,Assistant Director it I
0" r r�
�p Buncombe County `" �. co
Ln Board of Education Maintenance 3 Se ce
175.Bingham Road F '�f� e U l
Asheville NC 28806 }�certifled 'a�Sy �R ;Mall i
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------ 4. Restricted Delivery?(sap Fee) ❑Yes
7012 1010 0002 1967 5691
Ri; PS Form 3811,February 2004 Domestic Return Receipt
3 (Err L_- i
r—1 - - 102595- 40
d Total Postage&Fees --
r
ru
Mr.Belvin Hall,Assistant Director
Buncombe County '""'�' '
i R =t
Board of Education Maintenance
175 Bingham Road
Asheville NC 28806
i
■ Complete items 1,2,and 3.Also complete A. Signature • • '
item 4 if Restricted Delivery 1s desired.
■ Print your name and address on the reverse
_ so that we can return the card to you. X Agent
B
I^s+0 B. Name ❑Addressee
Received by(P�/nted
�c 6 4p/� 7Fj.�/ r - —_-- ) C. Date of Delivery
P North Carolina Department of a a
Environment and Natural Resources ss ! j
(6 mti 1�1�1]Yes
NCDENR 2090 U.S. Hi hwa 70 Division of Water Quality �Ir dress below. "a❑No
g Y v�annanoa, NC 28778 1
m
ru Mr.Belvin Hall,Assistant.Director �,~ ?
M Buncombe County I I R
Ln
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175 Bingham Road
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\PS Fprm 3811,February 2004
ro Total Postage&Fees 1 Domestic Return Receipt
rl I 102595-02-M-1540I
7:To130ard
U r9r.Belvin Hall,Assistant Director /b /3C3uncombe County --of Education Maintenance
175 Bingham Road
Asheville NC 28806 �l/
COMPLETE •N COMPLETE THIS SECTIONON
■ C ete items 1,2,and 3.Also complete A.Signat re j
Item 4 if Restricted Delivery is desired. B ent.,
■ Print your name and address on the reverse X UAddressee
so that we can return the card to you. B. Received by(p to me) C.Date of Delivery
■ Attach this card to the back of the mailDiece.
t / p- _ - _.. 1,5
0 North Carolina Department of
di event from item 1? ❑Yes
Y: Environment and Na r esource �'y I
liyg address below: ❑No
Division otWater esourc I
y . • � Water Q al�fy Regional O ratio s�- 41
• NCDENR 2090 U.S. HighSwatinanoa,NC 87
`D Mr.R.Belvin Hall,Assista t ire .
co Buncombe County y�a'e� 2 erv0ove co ,
�"' , Board of Education amtenance � rL Q �d M E3 Express Mail
r 176 Bingham Road P red 4?4 e01m RecelptfoLerch\aXdjl . i
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O (Endorsement Requi, ,.
a Total Postage&Fees
rq —
Mr.R.Belvin Hall,Assistant Director
----- f/
ra Buncombe County
171- Board of Education Maintenance
--------`--------------
176 Bingham Road
Asheville NC 288 6
i
COMPLETE •N COMPLETE THIS SECTIONON
■ Completeltems 1;2,slid 3.Also complete A. Sign M==�
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PS Form 3811,February 2004 Domestic Return Receipt
102595-02-M-1540
Water Resources
ENVIRONMENTAL QUa.uTY
Division of Water Resources
DEC 1 5 2015
i
Water Quality Regional Operations
Asheville Regional Office
�� v 1 December 1, 20 5
�hxro1M_ ,.,,;t +k.+ia.6+'.�'.1.�' '+��tr?,�.. �i�' ?,itFi; f•;n'•hw,eX� pi:.+'i?„ ^kh•w..r`!S�,sA �•
Mr. R. Belvin Hall
Buncombe County Schools
175 Bingham Rd
Asheville, NC 28806
Dear Mr. Hall:
PAT MCCRORY
DONALD R. VAN DER VAART
S. JAY ZIMMERMAN
Subject: Issuance of NPDES Permit NCO066788
Fairview Elementary School WWTP
Buncombe County
Class WW-2
Division personnel have reviewed and- approved your application for renewal of the subject permit.
Accordingly, we are forwarding the attached NPDES discharge permit. This permit is issued pursuant to
the requirements of North Carolina General Statute 143-215.1 and the Memorandum of Agreement between
North Carolina and the U.S. Environmental Protection Agency dated October 15, 2007 (or as subsequently
amended).
This final permit includes no major changes from the draft permit sent to you on
September 23, 2015.
. If any parts, measurement frequencies or sampling requirements contained in this permit are
unacceptable to you, you have the right to an adjudicatory hearing upon written request within thirty (30)
days following receipt of this letter. This request must be in the form of a written petition, conforming to
Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings
(6714 Mail Service Center, Raleigh, North Carolina 27699-6714). Unless such demand is made, this
decision shall be final and binding.
Please note that this permit is not transferable except after notice to the Division. The Division may
require modification or revocation and reissuance of the permit. This permit does not affect the legal
requirements to obtain any other Federal, State, or Local governmental permit that may be required. If you
have any questions concerning this permit, please contact Charles Weaver at telephone number (919) 807-
6391.
inc/er
S. Jay Zimmerman, Directc ? ----
Division of Water Resources
cc: Central Files
:Ashevi'14e Reg.`i n%rf@- iee"r
• NPD S 1rTmt —��
State of North Carolina I Environmental Quality I Water Resources
1617 Mail Service Center I Raleigh, NC 27699-1617
919 807 6300 919-807-6389 FAX
http://portal.nedenr.org/web/wq
Permit NCO066788
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF WATER RESOURCES
PERMIT
TO DISCHARGE WASTEWATER UNDER THE
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
In compliance with the provisions of North Carolina General Statute 143-215.1, other lawful standards
and regulations promulgated and adopted by the North Carolina Environmental Management
Commission, and the Federal Water Pollution Control Act, as amended, the
Buncombe County Schools
are hereby authorized to discharge wastewater from a facility located at the
Fairview Elementary School WWTP
1355 Charlotte Highway
Fairview
Buncombe County
to receiving waters designated as Cane Creek in subbasin 04-03-02 ofthe French Broad River Basin in
accordance with effluent limitations, monitoring requirements, and other conditions set forth in Parts I,
II, III and IV hereof.
This permit shall become effective January 1, 2016.
This permit and authorization to discharge shall expire at midnight on December 3-1,-2020: - - - - -
Signed this day December 1, 2015
F,Pqy Zimmerman, Director
Division of Water Resources
By Authority of the Environmental Management Commission
Page 1 of 6
Permit NC0066788
SUPPLEMENT TO PERMIT COVER SHEET
All previous NPDES Permits issued to this facility, whether for operation or discharge are hereby revoked, and as of this
issuance, any previously issued permit bearing this number is no longer effective. Therefore, the exclusive authority to
operate and discharge from this facility arises under the permit conditions, requirements, terms, and provisions included
herein.
The Buncombe County Schools are hereby authorized to:
1. Continue to operate an existing 0.011 MGD extended aeration package wastewater treatment facility
with the following components:
♦ Influent pumps
♦ Equalization basin
♦ Aerated sludge holding tank
♦ Chlorination and dechlorination equipment
♦ Flow recorder
♦ act aP� inn,,(
♦ Standby generator
This facility is located at the Fairview Elementary School WWTP on U.S. Highway 74 @ NCSR
2800 northwest of Fairview in Buncombe County.
2. Discharge from said treatment works at the location specified on the attached map into Cane Creek,
currently classified C-Trout waters in subbasin 04-03-02 of the French Broad River Basin.
Page 2 of 6
Permit NCO066788
Part I
A. (1) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS
NTS
[15A NCAC 02B.0400 et seq., 15A NCAC 02B.0500
et seq.]
During the period beginning on the effective date of
this permit and
lasting until
Permittee is authorized to discharge from outfall 001. Such discharges shall be limited
expiration, the
and
by the Permittee as specified below:
monitored'
PARAIVIETEI2 LIMITS
MONITORING, REQ JIR 1VIENTS
Montt y . Da y7
Parameter Code`. Average Maximum
,Measurement
RrOquenc.
Sample
T
Sample
Flow
, e
YA
L' ovation,
50050 0.011 MGD
Weekly
Instantaneous
Influent or
BOD, 5-day (20°C)
Effluent
00310 30.0 mg/L 45.0 mg/L
Weekly
Grab
Effluent
Total Suspended Solids
30.0 .0 mg/L 45.0 mg/L
Weekly
Grab
Effluent
NH3 as N
00610
2/Month
Grab •
Effluent
Fecal Coliform (geometric mean)
31616 200/100 ml 400/100 ml
Weekly
Grab
Effluent
Total Residual Chlorine (TRC)z
50060 28 pg/L
2/Week
Grab
Effluent
Temperature (°C)
00010
Weekly
Grab
Effluent
pH
00400 > 6.0 and < 9.0 standard units
Weekly
Grab
Effluent
Footnotes:
I. No later than 270 days from the effective date of this permit, the permittee shall begin submitting discharge
monitoring reports electronically using the Division's eDMR system [see A. (2)].
2. The Division shall consider all effluent TRC values reported < 50 µg/1 to be in compliance with the permit.
However, the Permittee shall continue to record and submit all values reported by a North Carolina certified
laboratory (including field-eertified), even if these -values fall below 50 µg/1.
There shall be no discharge of floating solids or visible foam in other than trace amounts.
A. (2) ELECTRONIC REPORTING OF DISCHARGE MONITORINcG REPORTS
[NCGS 143-215.1 (b)]
Proposed federal regulations require electronic submittal of all discharge monitoring reports (DMRs) and specify
that, if a state does not establish a system to receive such submittals, then permittees must submit DMRs
electronically to the Environmental Protection Agency (EPA). The Division anticipates that these regulations will
be adopted and is beginning implementation.
Page 3 of 6
Permit NC0066788
NOTE: This special condition supplements or supersedes the following sections within Part II of this permit
(Standard Conditions for NPDES Permits):
• Section B. (11.
• Section D. (2.)
• Section D. (6.)
• Section E. (5.)
Signatory Requirements
Reporting
Records Retention
Monitoring Reports
1. Reporting [Supersedes Section D. (2.) and Section E. (5) (a)]
Beginning no later than 270 days from the effective date of this permit, the permittee shall begin reporting
discharge monitoring data electronically using the NC DWR's Electronic Discharge Monitoring Report
(eDMR) internet application.
Monitoring results obtained during the previous month(s) shall be summarized for each month and submitted
electronically using eDMR. The eDMR system allows permitted facilities to enter monitoring data and
submit DMRs electronically using the internet. Until such time that the state's eDMR application is
compliant with EPA's Cross -Media Electronic Reporting Regulation (CROMERR), permittees will be
required to submit all discharge monitoring data to the state electronically using eDMR and will be required
to complete the eDMR submission by printing, signing, and submitting one signed original and a copy of the
computer -printed eDMR to the following address:
NC DEQ / Division of Water Resources / Information Processing Unit
ATTENTION: Central Files / eDMR
1617 Mail Service Center
Raleigh, NC 27699-1617
If a permittee is unable to use the eDMR system due to a demonstrated hardship or due to the facility being
physically located in an'area where less than 10 percent of the households have broadband access, then a
temporary waiver from the NPDES electronic reporting requirements may be granted and discharge
monitoring data may be submitted on paper DMR forms (MR 1, 1. 1, 2, 3) or alternative forms approved by
the Director. Duplicate signed copies shall -be submitted to the mailing address above.
Requests for temporary waivers from the NPDES electronic reporting requirements must be submitted in
writing to the Division for written approval at least sixty (60) days prior to the date the facility would be
required under this permit to begin using eDMR. Temporary waivers shall be valid for twelve (12) months
and shall thereupon expire. At such time, DMRs shall be submitted electronically to the Division unless the
permittee re -applies for and is granted a new temporary waiver by the Division.
Information on eDMR and application for a temporary waiver from the NPDES electronic reporting
requirements is found on the following web page:
http://portal.licdenr.org/—web/wq/admii-i/bog/ipu/edlnr
Regardless of the submission method, the first DMR is due on the last day of the month following the .
issuance of the permit or in the case of a new facility, on the last day of the month following the
commencement of discharge.
Page 4 of 6
Permit NC0066788
2. Signatory Requirements [Supplements Section B (11) (b) and supersedes Section B (11) (d))
All eDMRs submitted to the permit issuing authority shall be signed by a person described in Part II, Section
B. (I 1.)(a) or by a duly authorized representative of that person as described in Part II, Section B. (11.)(b). A
person, and not a position, must be delegated signatory authority for eDMR reporting purposes.
For eDMR submissions, the person signing and submitting the DMR must obtain an eDMR user account and
login credentials to access the eDMR system. For more information on North Carolina's eDMR system,
registering for eDMR and obtaining an eDMR user account, please visit the following web page:
http://portal.nedenr org/web/wq/admin/bog/i u/p edmr
Certification. Any person submitting an electronic DMR using the state's eDMR system shall make the
following certification [40 CFR 122.22]. NO OTHER STATEMENTS OF CERTIFICATION WILL BE
ACCEPTED:
U certify, underpenalty of law, that this document and all attachments were prepared under my direction or
supervision in accordance with a system designed to assure that qualifiedpersonnelproperly gather and
evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or
those persons directly responsible for gathering the information, the information submitted is, to the best of
my knowledge and belief, true, accurate, and complete. I am aware that there are significantpenalties for
submitting false information, including the possibility of fines and imprisonment for knowing violations. "
3. Records Retention [Supplements Section D. (6)]
The permittee shall retain records of all Discharge Monitoring Reports, including eDMR submissions. These
records or copies shall be maintained for a period of at least 3 years from the date of the report. This period
may be extended by request of the Director at any time [40 CFR 122.41].
Page 5 of 6
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NC0066788 - Fairview Elementary School.
County: Buncombe Latitude: 350 31' 30"
Stream Class: C-Trout Longitude: 82124' 00"
Sub -Basin: 040302 USGS uad: Oteen, N.C.
Receiving Stream: Cane Creek HUC #: 06010105
Facility
Location x
(not to scale)
Buncombe County
Page 6 of 6
NPDES Permit Standard Conditions
Page 1 of 18
PART II
STANDARD CONDITIONS FOR NPDES PERMITS
Section A. Definitions
2/Month
Samples are collected twice per month with at least ten calendar days between sampling events. These samples shall be
representative of the wastewater discharged during the sample period.
3/Week
Samples are collected three times per week on three separate calendar days. These samples shall be representative of
the wastewater discharged during the sample period.
Act or "the Act"
The Federal Water Pollution Control Act, also known as the Clean Water Act (CWA), as amended, 33 USC 1251, et.
seq.
Annual Average
The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar year. In the case of fecal
coliform, the geometric mean of such discharges.
Arithmetic Mean
The summation of the individual values divided by the number of individual values.
Bypass
The known diversion of waste streams from any portion of a treatment facility including the collection system, which is
not a designed or established or operating mode for the facility.
Calendar Day
The period from midnight of one day until midnight of the next day. However, for purposes of this permit, any
consecutive 24-hour period that reasonably represents the calendar day may be used for sampling.
Calendar Week
The period from Sunday through the following Saturday.
Calendar Quarter
One of the following distinct periods: January through March, April through June, July through September, and
October through December.
Composite SanVle
A sample collected over a 24-hour period by continuous sampling or combining grab samples of at least 100 mL in
such a manner as to result in a total sample representative of the wastewater discharge during the sample period. The
Director may designate the most appropriate method (specific number and size of aliquots necessary, the time interval
between grab samples, etc.) on a case -by -case basis. Samples may be collected manually or automatically. Composite
samples may be obtained by the following methods:
(1) Continuous: a single, continuous sample collected over a 24-hour period proportional to the rate of flow.
(2) Constant time/variable volume: a series of grab samples collected at equal time intervals over a 24 hour period
of discharge and combined proportional to the rate of flow measured at the time of individual sample
collection, or
(3) Variable time/constant volume: a series of grab samples of equal volume collected over a 24 hour period with
the time intervals between samples determined by a preset number of gallons passing the sampling point. Flow
measurement between sample intervals shall be determined by use of a flow recorder and totalizer, and the
preset gallon interval between sample collection fixed at no greater than 1/24 of the expected total daily flow at
the treatment system, or
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(4) Constant time/constant volume: a series of grab samples of equal volume collected over a 24-hour period at a
constant time interval. Use of this method requires prior approval by the Director. This method may only be
used in situations where effluent flow rates vary less than 15 percent. The following restrictions also apply:
➢ Influent and effluent grab samples shall be of equal size and of no less than 100 milliliters
➢ Influent samples shall not be collected more than once per hour.
➢ Permittees with wastewater treatment systems whose detention time < 24 hours shall collect effluent grab
samples at intervals of no greater than 20 minutes apart during any 24-hour period.
➢ Permittees with wastewater treatment systems whose detention time exceeds 24 hours shall collect effluent
grab samples at least every six hours; there must be a minimum of four samples during a 24-hour sampling
period.
Continuous flow measurement
Flow monitoring that occurs without interruption throughout the operating hours of the facility. Flow shall be
monitored continually except for the infrequent times when there may be no flow or for infrequent maintenance
activities on the flow device.
Daily Discharge
The discharge of a pollutant measured during a calendar day or any 24-hour period that reasonably represents the
calendar day for purposes of sampling. For pollutants measured in units of mass, the "daily discharge" is calculated as
the total mass of the pollutant discharged over the day. For pollutants expressed in other units of measurement, the
"daily discharge" is calculated as the average measurement of the pollutant over the day. (40 CFR 122.2; see also
"Composite Sample," above.)
Daily Maximum
The highest "daily discharge" during the calendar month.
Daily Sampling
Parameters requiring daily sampling shall be sampled 5 out of every 7 days per week unless otherwise specified in the
permit. Sampling shall be conducted on weekdays except where holidays or other disruptions of normal operations
prevent weekday sampling. If sampling is required for all seven days of the week for any permit parameter(s), that
requirement will be so noted on the Effluent Limitations and Monitoring Page(s).
DWR or "the Division"
The Division of Water Resources, Department of Environment and Natural Resources.
Effluent
Wastewater discharged following all treatment processes from a water pollution control facility or other point source
whether treated or untreated.
EMC
The North Carolina Environmental Management Commission
EPA
The United States Environmental Protection Agency
Facility Closure
Cessation of all activities that require coverage under this NPDES permit. Completion of facility closure will allow this
permit to be rescinded.
Geometric Mean
The Nth root of the product of the individual values where N = the number of individual values. For purposes of
calculating the geometric mean, values of "0" (or "< [detection level]") shall be considered = 1.
Grab Sample
Individual samples of at least 100 mL collected over a period of time not exceeding 15 minutes. Grab samples can be
collected manually. Grab samples must be representative of the discharge (or the receiving stream, for instream
samples).
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Hazardous Substance
Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the CWA.
Instantaneous flow measurement
The flow measured during the minimum time required for the flow measuring device or method to produce a result in
that instance. To the extent practical, instantaneous flow measurements coincide with the collection of any grab
samples required for the same sampling period so that together the samples and flow are representative of the discharge
during that sampling period.
Monthly Average (concentration limit)
The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar month. In the case of fecal
coliform or other bacterial parameters or indicators, the geometric mean of such discharges.
Permit Issuing Authority
The Director of the Division of Water Resources.
Quarterly Average (concentration limit)
The arithmetic mean of all samples taken over a calendar quarter.
Severe property damage
Substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or
substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a
bypass. Severe property damage excludes economic loss caused by delays in production.
Toxic Pollutant:
Any pollutant listed as toxic under Section 307(a)(1) of the CWA.
Upset
An incident beyond the reasonable control of the Permittee causing unintentional and temporary noncompliance with
permit effluent limitations and/or monitoring requirements. An upset does not include noncompliance caused by
operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive
maintenance, or careless or improper operation.
Weekly Average (concentration limit)
The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar week. In the case of fecal
coliform or other bacterial parameters or indicators, the geometric mean of such discharges.
Section B. General Conditions
1. Duty to Comply_
The Permittee must comply with all conditions of this permit. Any permit noncompliance constitutes a violation of
the CWA and is grounds for enforcement action; for permit termination, revocation and reissuance, or
modification; or denial of a permit renewal application [40 CFR 122.41].
a. The Permittee shall comply with effluent standards or prohibitions established under section 307(a) of the
CWA for toxic pollutants and with standards for sewage sludge use or disposal established under section
405(d) of the CWA within the time provided in the regulations that establish these standards or prohibitions or
standards for sewage sludge use or disposal, even if the permit has not yet been modified to incorporate the
requirement.
b. The CWA provides that any person who violates section[s] 301, 302, 306, 307, 308, 318 or 405 of the Act, or
any permit condition or limitation implementing any such sections in a permit issued under section 402, or any
requirement imposed in a pretreatment program approved under sections 402(a)(3) or 402(b)(8) of the Act, is
subject to a civil penalty not to exceed $37,500 per day for each violation. [33 USC 1319(d) and 40 CFR
122.41(a)(2)]
c. The CWA provides that any person who negligently violates sections 301, 302, 306, 307, 308, 318, or 405 of
the Act, or any condition or limitation implementing any of such sections in a permit issued under section 402
of the Act, or any requirement imposed in a pretreatment program approved under section 402(a)(3) or
402(b)(8) of the Act, is subject to criminal penalties of $2,500 to $25,000 per day of violation, or
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imprisonment of not more than 1 year, or both. In the case of a second or subsequent conviction for a negligent
violation, a person shall be subject to criminal penalties of not more than $50,000 per day of violation, or by
imprisonment of not more than 2 years, or both. [33 USC 1319(c)(1) and 40 CFR 122.41(a)(2)]
d. Any person who knowingly violates such sections, or such conditions or limitations is subject to criminal
penalties of $5,000 to $50,000 per day of violation, or imprisonment for not more than 3 years, or both. In the
case of a second or subsequent conviction for a knowing violation, a person shall be subject to criminal
penalties of not more than $100,000 per day of violation, or imprisonment of not more than 6 years, or both.
[33 USC 1319(c)(2) and 40 CFR 122.41(a)(2)]
e. Any person who knowingly violates section 301, 302, 303, 306, 307, 308, 318 or 405 of the Act, or any permit
condition or limitation implementing any of such sections in a permit issued under section 402 of the Act, and
who knows at that time that he thereby places another person in imminent danger of death or serious bodily
injury, shall, upon conviction, be subject to a fine of not more than $250,000 or imprisonment of not more than
15 years, or both. In the case of a second or subsequent conviction for a knowing endangerment violation, a
person shall be subject to a fine of not more than $500,000 or by imprisonment of not more than 30 years, or
both. An organization, as defined in section 309(c)(3)(B)(iii) of the CWA, shall, upon conviction of violating
the imminent danger provision, be subject to a fine of not more than $1,000,000 and can be fined up to
$2,000,000 for second or subsequent convictions. [40 CFR 122.41(a)(2)]
f. Under state law, a civil penalty of not more than $25,000 per violation may be assessed against any person
who violates or fails to act in accordance with the terms, conditions, or requirements of a pen -nit. [North
Carolina General Statutes § 143-215.6A]
g. Any person may be assessed an administrative penalty by the Administrator for violating section 301, 302,
306, 307, 308, 318 or 405 of this Act, or any permit condition or limitation implementing any of such sections
in a permit issued under section 402 of this Act. Administrative penalties for Class I violations are not to
exceed $16,000 per violation, with the maximum amount of any Class I penalty assessed not to exceed
$37,500. Penalties for Class lI violations are not to exceed $16,000 per day for each day during which the
violation continues, with the maximum amount of any Class II penalty not to exceed $177,500. [33 USC
1319(g)(2) and 40 CFR 122.41(a)(3)]
2. Duty to Mitigate
The Permittee shall take all reasonable steps to minimize or prevent any discharge or sludge use or disposal in
violation of this permit with a reasonable likelihood of adversely affecting human health or the environment [40
CFR 122.41(d)].
3. Civil and Criminal Liability
Except as provided in permit conditions on 'Bypassing" (Part II.CA), "Upsets" (Part II.C.5) and "Power Failures"
(Part II.C.7), nothing in this permit shall be construed to relieve the Pennittee from any responsibilities, liabilities,
or penalties for noncompliance pursuant to NCGS 143-215.3, 143-215.6 or Section 309 of the Federal Act, 33 USC
1319. Furthermore, the Permittee is responsible for consequential damages, such as fish kills, even though the
responsibility for effective compliance may be temporarily suspended.
4. Oil and Hazardous Substance Liability
Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the Permittee
from any responsibilities, liabilities, or penalties to which the Permittee is or may be subject to under NCGS 143-
215.75 et seq. or Section 311 of the Federal Act, 33 USG 1321. Furthermore, the Permittee is responsible for
consequential damages, such as fish kills, even though the responsibility for effective compliance may be
temporarily suspended.
5. Property Rights
The issuance of this permit does not convey any property rights in either real or personal property, or any exclusive
privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor any
infringement of Federal, State or local laws or regulations [40 CFR 122.41(g)].
6. Onshore or Offshore Construction
This permit does not authorize or approve the construction of any onshore or offshore physical structures or
facilities or the undertaking of any work in any navigable waters.
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7. Severability
The provisions of this permit are severable. If any provision of this permit, or the application of any provision of
this permit to any circumstances, is held invalid, the application of such provision to other circumstances, and the
remainder of this permit, shall not be affected thereby [NCGS 15013-23].
8. Duty to Provide Information
The Permittee shall furnish to the Permit Issuing Authority, within a reasonable time, any information which the
Permit Issuing Authority may request to determine whether cause exists for modifying, revoking and reissuing, or
terminating this permit or to determine compliance with this permit. The Permittee shall also furnish to the Permit
Issuing Authority upon request, copies of records required by this permit [40 CFR 122.41(h)].
9. Duty to Reapply
If the Permittee wishes to continue an activity regulated by this permit after the expiration date of this permit, the
Permittee must apply for and obtain a new permit [40 CFR 122.41(b)].
10. Expiration of Permit
The Permittee is not authorized to discharge after the expiration date. In order to receive automatic authorization to
discharge beyond the expiration date, the Permittee shall submit such information, forms, and fees as are required
by the agency authorized to issue permits no later than 180 days prior to the expiration date unless permission for a
later date has been granted by the Director. (The Director shall not grant permission for applications to be
submitted later than the expiration date of the existing permit.) [40 CFR 122.21(d)] Any Permittee that has not
requested renewal at least 180 days prior to expiration, or any Permittee that does not have a permit after the
expiration and has not requested renewal at least 180 days prior to expiration, will subject the Permittee to
enforcement procedures as provided in NCGS 143-215.6 and 33 USC 1251 et. seq.
11. Si ng atory Requirements
All applications, reports, or information submitted to the Permit Issuing Authority shall be signed and certified [40
CFR 122.41(k)].
a. All permit applications shall be signed as follows:
(1) For a corporation: by a responsible corporate officer. For the purpose of this Section, a responsible
corporate officer means: (a) a president, secretary, treasurer or vice president of the corporation in charge
of a principal business function, or any other person who performs similar policy or decision making
functions for the corporation, or (b) the manager of one or more manufacturing, production, or operating
facilities, provided, the manager is authorized to make management decisions which govern the operation
of the regulated facility including having the explicit or implicit duty of making major capital investment
recommendations, and initiating and directing other comprehensive measures to assure long term
environmental compliance with environmental laws and regulations; the manager can ensure that the
necessary systems are established or actions taken to gather complete and accurate information for pen -nit
application requirements; and where authority to sign documents has been assigned or delegated to the
manager in accordance with corporate procedures .
(2) For a partnership or sole proprietorship: by a general partner or the proprietor, respectively; or
(3) For a municipality, State, Federal, or other public agency: by either a principal executive officer or
ranking elected official [40 CFR 122.22].
b. All reports required by the permit and other information requested by the Permit Issuing Authority shall be
signed by a person described in paragraph a. above or by a duly authorized representative of that person. A
person is a duly authorized representative only if:
(1) The authorization is made in writing by a person described above;
(2) The authorization specified either an individual or a position having responsibility for the overall operation
of the regulated facility or activity, such as the position of plant manager, operator of a well or well field,
superintendent, a position of equivalent responsibility, or an individual or position having overall
responsibility for environmental matters for the company. (A duly authorized representative may thus be
either a named individual or any individual occupying a named position.); and
(3) The written authorization is submitted to the Permit Issuing Authority [40 CFR 122.22]
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c. Changes to authorization: If an authorization under paragraph (b) of this section is no longer accurate because
a different individual or position has responsibility for the overall operation of the facility, a new authorization
satisfying the requirements of paragraph (b) of this section must be submitted to the Director prior to or
together with any reports, information, or applications to be signed by an authorized representative [40 CFR
122.22]
d. Certification. Any person signing a document under paragraphs a. or b. of this section shall make the following
certification [40 CFR 122.22]. NO OTHER STATEMENTS OF CERTIFICATION WILL BE ACCEPTED:
7 certify, under penalty of law, that this document and all attachments were prepared under my direction or
supervision in accordance with a system designed to assure that qualified personnel properly gather and
evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or
those persons directly responsible for gathering the information, the information submitted is, to the best of my
knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for
submitting false information, including the possibility of fines and imprisonment for knowing violations. "
12. Permit Actions
This permit may be modified, revoked and reissued, or terminated for cause. The filing of a request by the
Permittee for a permit modification, revocation and reissuance, or termination, or a notification of planned changes
or anticipated noncompliance does not stay any permit condition [40 CFR 122.41(f)].
13. Permit Modification, Revocation and Reissuance, or Termination
The issuance of this permit does not prohibit the permit issuing authority from reopening and modifying the permit,
revoking and reissuing the permit, or terminating the permit as allowed by the laws, rules, and regulations
contained in Title 40, Code of Federal Regulations, Parts 122 and 123; Title 15A of the North Carolina
Administrative Code, Subchapter 02H .0100; and North Carolina General Statute 143.215.1 et. al.
14. Annual Administering and Compliance Monitoring Fee Requirements
The Permittee must pay the annual administering and compliance monitoring fee within thirty days after being
billed by the Division. Failure to pay the fee in a timely manner in accordance with 15A NCAC 02H .0105(b)(2)
may cause this Division to initiate action to revoke the permit.
Section C. Operation and Maintenance of Pollution Controls
1. Certified Operator
Owners of classified water pollution control systems must designate operators, certified by the Water Pollution
Control System Operators Certification Commission (WPCSOCC), of the appropriate type and grade for the
system, and, for each classification must [T15A NCAC 08G .0201]:
a. designate one Operator In Responsible Charge (ORC) who possesses a valid certificate of the type and grade at
least equivalent to the type and grade of the system;
b. designate one or more Back-up Operator(s) in Responsible Charge (Back-up ORCs) who possesses a valid
certificate of the type of the system and no more than one grade less than the grade of the system, with the
exception of no backup operator in responsible charge is required for systems whose minimum visitation
requirements are twice per year; and
c. submit a signed completed "Water Pollution Control System Operator Designation Form" to the Commission
(or to the local health department for owners of subsurface systems) countersigned by the designated certified
operators, designating the Operator in Responsible Charge (ORC) and the Back-up Operator in Responsible
Charge (Back-up ORC):
(1) 60 calendar days prior to wastewater or residuals being introduced into a new system; or
(2) within 120 calendar days following:
➢ receiving notification of a change in the classification of the system requiring the designation of a new
Operator in Responsible Charge (ORC) and Back-up Operator in Responsible Charge (Back-up ORC)
of the proper type and grade; or
➢ a vacancy in the position of Operator in Responsible Charge (ORC) or Back-up Operator in
Responsible Charge (Back-up ORC).
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(3) within seven calendar days of vacancies in both ORC and Back-up ORC positions replacing or designating
at least one of the responsibilities.
The ORC of each Class I facility (or the Back-up ORC, when acting as surrogate for the ORC) must:
➢ Visit the facility as often as is necessary to insure proper operation of the treatment system; the treatment
facility must be visited at least weekly
➢ Comply with all other conditions of 15A NCAC 08G .0204.
The ORC of each Class II, III and IV facility (or the Back-up ORC, when acting as surrogate for the ORC) must:
➢ Visit the facility as often as is necessary to insure proper operation of the treatment system; the treatment
facility must be visited at least five days per week, excluding holidays
➢ Properly manage and document daily operation and maintenance of the facility
➢ Comply with all other conditions of 15A NCAC 08G .0204.
Proper Operation and Maintenance
The Permittee shall at all times properly operate and maintain all facilities and systems of treatment and control
(and related appurtenances) which are installed or used by the Permittee to achieve compliance with the conditions
of this permit. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality
assurance procedures. This provision requires the Permittee to install and operate backup or auxiliary facilities only
when necessary to achieve compliance with the conditions of the permit [40 CFR 122.41(e)].
NOTE: Properly and officially designated operators are fully responsible for all proper operation and maintenance
of the facility, and all documentation required thereof, whether acting as a contract operator [subcontractor] or a
member of the Permittee's staff.
3. Need to Halt or Reduce not a Defense
It shall not be a defense for a Permittee in an enforcement action that it would have been necessary to halt or
reduce the permitted activity in order to maintain compliance with the condition of this permit [40 CFR 122.41(c)].
4. Bypassing of Treatment Facilities
a. Bypass not exceeding limitations [40 CFR 122.41(m)(2)]
The Permittee may allow any bypass to occur which does not cause effluent limitations to be exceeded, but
only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the
provisions of Paragraphs b. and c. of this section.
b. Notice [40 CFR 122.41(m)(3)]
(1) Anticipated bypass. If the Permittee knows in advance of the need for a bypass, it shall submit prior notice,
if possible at least ten days before the date of the bypass; including an evaluation of the anticipated quality
and effect of the bypass.
(2) Unanticipated bypass. The Permittee shall submit notice of an unanticipated bypass as required in Part
II.E.6. (24-hour notice).
c. Prohibition of Bypass
(1) Bypass from the treatment facility is prohibited and the Permit Issuing Authority may take enforcement
action against a Permittee for bypass, unless:
(A) Bypass was unavoidable to prevent loss of life, personal injury or severe property damage;
(B) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities,
retention of untreated wastes or maintenance during normal periods of equipment downtime. This
condition is not satisfied if adequate backup equipment should have been installed in the exercise of
reasonable engineering judgment to prevent a bypass which occurred during normal periods of
equipment downtime or preventive maintenance; and
(C) The Permittee submitted notices as required under Paragraph b. of this section.
(2) Bypass from the collection system is prohibited and the Permit Issuing Authority may take enforcement
action against a Permittee for a bypass as provided in any current or future system -wide collection system
permit associated with the treatment facility.
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(3) The Permit Issuing Authority may approve an anticipated bypass, after considering its adverse effects, if
the Permit Issuing Authority determines that it will meet the three conditions listed above in Paragraph c.
(1) of this section.
Upsets
a. Effect of an upset [40 CFR 122.41(n)(2)]: An upset constitutes an affirmative defense to an action brought for
noncompliance with such technology based permit effluent limitations if the requirements of paragraph b. of
this condition are met. No determination made during administrative review of claims that noncompliance was
caused by upset, and before an action for noncompliance, is final administrative action subject to judicial
review.
b. Conditions necessary for a demonstration of upset: Any Permittee who wishes to establish the affirmative
defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant
evidence that:
(1) An upset occurred and that the Permittee can identify the cause(s) of the upset;
(2) The Permittee facility was at the time being properly operated; and
(3) The Permittee submitted notice of the upset as required in Part II.E.6.(b) of this permit.
(4) The Permittee complied with any remedial measures required under Part I1.13.2. of this permit.
c. Burden of proof [40 CFR 122.41(n)(4)1: The Permittee seeking to establish the occurrence of an upset has
the burden of proof in any enforcement proceeding.
Removed Substances
Solids, sludges, filter backwash, or other pollutants removed in the course of treatment or control of wastewaters
shall be utilized/disposed of in accordance with NCGS 143-215.1 and in a manner such as to prevent any pollutant
from such materials from entering waters of the State or navigable waters of the United States except as permitted
by the Commission. The Pennittee shall comply with all applicable state and Federal regulations governing the
disposal of sewage sludge, including 40 CFR 503, Standards for the Use and Disposal of Sewage Sludge; 40 CFR
Part 258, Criteria For Municipal Solid Waste Landfills; and 15A NCAC Subchapter 2T, Waste Not Discharged To
Surface Waters. The Permittee shall notify the Permit Issuing Authority of any significant change in its sludge use
or disposal practices.
7. Power Failures
The Permittee is responsible for maintaining adequate safeguards (as required by 15A NCAC 02H .0124) to
prevent the discharge of untreated or inadequately treated wastes during electrical power failures either by means
of alternate power sources, standby generators or retention of inadequately treated effluent.
Section D. Monitoring and Records
1. Representative Sampling
Samples collected and measurements taken, as required herein, shall be representative of the permitted discharge.
Samples collected at a frequency less than daily shall be taken on a day and time that is representative of the
discharge for the period the sample represents. All samples shall be taken at the monitoring points specified in this
permit and, unless otherwise specified, before the effluent joins or is diluted by any other wastestream, body of
water, or substance. Monitoring points shall not be changed without notification to and the approval of the Permit
Issuing Authority [40 CFR 122.410)].
2. Reporting
Monitoring results obtained during the previous month(s) shall be summarized for each month and reported on a
monthly Discharge Monitoring Report (DMR) Form (MR 1, 1. 1, 2, 3) or alternative forms approved by the
Director, postmarked no later than the last calendar day of the month following the completed reporting period.
The first DMR is due on the last day of the month following the issuance of the permit or in the case of a new
facility, on the last day of the month following the commencement of discharge. Duplicate signed copies of these,
and all other reports required herein, shall be submitted to the following address:
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NC DENR / Division of Water Resources / Water Quality Permitting Section
ATTENTION: Central Files
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
Flow Measurements
Appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected
and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges. The
devices shall be installed, calibrated and maintained to ensure that the accuracy of the measurements is consistent
with the accepted capability of that type of device. Devices selected shall be capable of measuring flows with a
maximum deviation of less than 10% from the true discharge rates throughout the range of expected discharge
volumes. Flow measurement devices shall be accurately calibrated at a minimum of once per year and maintained
to ensure that the accuracy of the measurements is consistent with the accepted capability of that type of device.
The Director shall approve the flow measurement device and monitoring location prior to installation.
Once -through condenser cooling water flow monitored by pump logs, or pump hour meters as specified in Part I of
this permit and based on the manufacturer's pump curves shall not be subject to this requirement.
4. Test Procedures
Laboratories used for sample analysis must be certified by the Division. Permittees should contact the Division's
Laboratory Certification Section (919 733-3908 or http://portal.nedenr.org/web/wq/lab/cert) for information
regarding laboratory certifications.
Facilities whose personnel are conducting testing of field -certified parameters only must hold the appropriate field
parameter laboratory certifications.
Test procedures for the analysis of pollutants shall conform to the EMC regulations (published pursuant to NCGS
143-215.63 et. seq.), the Water and Air Quality Reporting Acts, and to regulations published pursuant to Section
304(g), 33 USC 1314, of the CWA (as amended), and 40 CFR 136; or in the case of sludge use or disposal,
approved under 40 CFR 136, unless otherwise specified in 40 CFR 503, unless other test procedures have been
specified in this permit [40 CFR 122.411.
To meet the intent of the monitoring required by this pennit, all test procedures must produce minimum detection
and reporting levels that are below the permit discharge requirements and all data generated must be reported down
to the minimum detection or lower reporting level of the procedure. If no approved methods are determined
capable of achieving minimum detection and reporting levels below permit discharge requirements, then the most
sensitive (method with the lowest possible detection and reporting level) approved method must be used.
5. Penalties for Tampering
The CWA provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any monitoring
device or method required to be maintained under this permit shall, upon conviction, be punished by a fine of not
more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. If a
conviction of a person is for a violation committed after a first conviction of such person under this paragraph,
punishment is a fine of not more than $20,000 per day of violation, or by imprisonment of not more than 4 years,
or both [40 CFR 122.41].
6. Records Retention
Except for records of monitoring information required by this permit related to the Permittee's sewage sludge use
and disposal activities, which shall be retained for a period of at least five years (or longer as required by 40 CFR
503), the Permittee shall retain records of all monitoring information, including:
➢ all calibration and maintenance records
➢ all original strip chart recordings for continuous monitoring instrumentation
➢ copies of all reports required by this permit
➢ copies of all data used to complete the application for this permit
These records or copies shall be maintained for a period of at least 3 years from the date of the sample,
measurement, report or application. This period may be extended by request of the Director at any time [40 CFR
122.41].
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7. Recording Results
For each measurement or sample taken pursuant to the requirements of this permit, the Permittee shall record the
following information [40 CFR 122.41]:
a. The date, exact place, and time of sampling or measurements;
b. The individual(s) who performed the sampling or measurements;
c. The date(s) analyses were performed;
d. The individual(s) who performed the analyses;
e. The analytical techniques or methods used; and
f. The results of such analyses.
8. Inspection and Entry
The Permittee shall allow the Director, or an authorized representative (including an authorized contractor acting as
a representative of the Director), upon the presentation of credentials and other documents as may be required by
law, to;
a. Enter, at reasonable times, upon the Permittee's premises where a regulated facility or activity is located or
conducted, or where records must be kept under the conditions of this permit;
b. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this permit;
c. Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices,
or operations regulated or required under this permit; and
d. Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise
authorized by the CWA, any substances or parameters at any location [40 CFR 122.41(i)].
Section E Reporting Requirements
1. Change in Discharge
All discharges authorized herein shall be consistent with the terms and conditions of this permit. The discharge of
any pollutant identified in this permit more frequently than or at a level in excess of that authorized shall constitute
a violation of the permit.
2. Planned Changes
The Permittee shall give notice to the Director as soon as possible of any planned physical alterations or additions
to the permitted facility [40 CFR 122.41(1)]. Notice is required only when:
a. The alteration or addition to a permitted facility may meet one of the criteria for new sources at 40 CFR
122.29(b); or
b. The alteration or addition could significantly change the nature or increase the quantity of pollutants
discharged. This notification applies to pollutants subject neither to effluent limitations in the permit, nor to
notification requirements under 40 CFR 122.42(a)(1); or
c. The alteration or addition results in a significant change in the Permittee's sludge use or disposal practices, and
such alteration, addition or change may justify the application of permit conditions that are different from or
absent in the existing permit, including notification of additional use or disposal sites not reported during the
permit application process or not reported pursuant to an approved land application plan.
3. Anticipated Noncompliance
The Permittee shall give advance notice to the Director of any planned changes to the permitted facility or other
activities that might result in noncompliance with the permit [40 CFR 122.41(1)(2)].
4. Transfers
This permit is not transferable to any person without prior written notice to and approval from the Director in
accordance with 40 CFR 122.61. The Director may condition approval in accordance with NCGS 143-215.1, in
particular NCGS 143-215.1(b)(4)b.2., and may require modification or revocation and reissuance of the permit, or
a minor modification, to identify the new permittee and incorporate such other requirements as may be necessary
under the CWA [40 CFR 122.41(1)(3), 122.61] or state statute.
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5. Monitoring Reports
Monitoring results shall be reported at the intervals specified elsewhere in this permit [40 CFR 122.41(1)(4)].
a. Monitoring results must be reported on a Discharge Monitoring Report (DMR) (See Part II.D.2) or forms
provided by the Director for reporting results of monitoring of sludge use or disposal practices.
b. If the Permittee monitors any pollutant more frequently than required by this permit using test procedures
approved under 40 CFR Part 136 and at a sampling location specified in this permit or other appropriate
instrument governing the discharge, the results of such monitoring shall be included in the calculation and
reporting of the data submitted on the DMR.
6. Twenty-four Hour Reporting
a. The Permittee shall report to the Director or the appropriate Regional Office any noncompliance that
potentially threatens public health or the environment. Any information shall be provided orally within 24
hours from the time the Permittee became aware of the circumstances. A written submission shall also be
provided within 5 days of the time the Permittee becomes aware of the circumstances. The written submission
shall contain a description of the noncompliance, and its cause; the period of noncompliance, including exact
dates and times, and if the noncompliance has not been corrected, the anticipated time it is expected to
continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance [40
CFR 122.41(1)(6)].
b. The Director may waive the written report on a case -by -case basis for reports under this section if the oral
report has been received within 24 hours.
c. Occurrences outside normal business hours may also be reported to the Division's Emergency Response
personnel at (800) 662-7956, (800) 858-0368 or (919) 733-3300.
7. Other Noncompliance
The Permittee shall report all instances of noncompliance not reported under Part U.E.S and 6. of this permit at the
time monitoring reports are submitted. The reports shall contain the information listed in Part II.E.6. of this permit
[40 CFR 122.41(1)(7)].
8. Other Information
Where the Permittee becomes aware that it failed to submit any relevant facts in a permit application, or submitted
incorrect information in a permit application or in any report to the Director, it shall promptly submit such facts or
information [40 CFR 122.41(1)(8)].
9. Noncompliance Notification
The Permittee shall report by telephone to either the central office or the appropriate regional office of the Division
as soon as possible, but in no case more than 24 hours or on the next working day following the occurrence or first
knowledge of the occurrence of any of the following:
a. Any occurrence at the water pollution control facility which results in the discharge of significant amounts of
wastes which are abnormal in quantity or characteristic, such as the dumping of the contents of a sludge
digester; the known passage of a slug of hazardous substance through the facility; or any other unusual
circumstances.
b. Any process unit failure, due to known or unknown reasons, that render the facility incapable of adequate
wastewater treatment such as mechanical or electrical failures of pumps, aerators, compressors, etc.
c. Any failure of a pumping station, sewer line, or treatment facility resulting in a by-pass without treatment of all
or any portion of the influent to such station or facility.
Persons reporting such occurrences by telephone shall also file a written report within 5 days following first
knowledge of the occurrence. Also see reporting requirements for municipalities in Part IV.C.2.c. of this permit.
10. Availabilfty of Reports
Except for data determined to be confidential under NCGS 143-215.3 (a)(2) or Section 308 of the Federal Act, 33
USC 1318, all reports prepared in accordance with the terms shall be available for public inspection at the offices
of the Division. As required by the Act, effluent data shall not be considered confidential. Knowingly making any
false statement on any such report may result in the imposition of criminal penalties as provided for in NCGS 143-
215. 1 (b)(2) or in Section 309 of the Federal Act.
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11. Penalties for Falsification of Reports
The CWA provides that any person who knowingly makes any false statement, representation, or certification in
any record or other document submitted or required to be maintained under this permit, including monitoring
reports or reports of compliance or noncompliance shall, upon conviction, be punished by a fine of not more than
$25,000 per violation, or by imprisonment for not more than two years per violation, or by both [40 CFR 122.41].
12. Annual Performance Reports
Permittees who own or operate facilities that primarily collect or treat municipal or domestic wastewater and have
an average annual flow greater than 200,000 gallons per day shall provide an annual report to the Permit Issuing
Authority and to the users/customers served by the Permittee (NCGS 143-215.1C). The report shall summarize the
performance of the collection or treatment system, as well as the extent to which the facility was compliant with
applicable Federal or State laws, regulations and rules pertaining to water quality. The report shall be provided no
later than sixty days after the end of the calendar or fiscal year, depending upon which annual period is used for
evaluation.
The report shall be sent to:
NC DENR / Division of Water Resources / Water Quality Permitting Section
ATTENTION: Central Files
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
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PART III
OTHER REQUIREMENTS
Section A. Construction
a. The Permittee shall not commence construction of wastewater treatment facilities, nor add to the plant's treatment
capacity, nor change the treatment process(es) utilized at the treatment plant unless (1) the Division has issued an
Authorization to Construct (AtC) permit or (2) the Permittee is exempted from such AtC permit requirements
under Item b. of this Section.
b. In accordance with NCGS 143-215.1(a5) [SL 2011-394], no permit shall be required to enter into a contract for the
construction, installation, or alteration of any treatment work or disposal system or to construct, install, or alter any
treatment works or disposal system within the State when the system's or work's principle function is to conduct,
treat, equalize, neutralize, stabilize, recycle, or dispose of industrial waste or sewage from an industrial facility and
the discharge of the industrial waste or sewage is authorized under a permit issued for the discharge of the
industrial waste or sewage into the waters of the State. Notwithstanding the above, the permit issued for the
discharge may be modified if required by federal regulation.
c. Issuance of an AtC will not occur until Final Plans and Specifications for the proposed construction have been
submitted by the Permittee and approved by the Division.
Section B. Groundwater Monitoring
The Permittee shall, upon written notice from the Director, conduct groundwater monitoring as may be required to
determine the compliance of this NPDES permitted facility with the current groundwater standards..
Section C. Changes in DischarlZes of Toxic Substances
The Permittee shall notify the Permit Issuing Authority as soon as it knows or has reason to believe (40 CFR 122.42):
a. That any activity has occurred or will occur which would result in the discharge, on a routine or frequent basis, of
any toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following
"notification levels";
(1) One hundred micrograms per liter (100 µg/L);
(2) Two hundred micrograms per liter (200 µg/L) for acrolein and acrylonitrile; five hundred micrograms per liter
(500 µg/L) for 2,4-dinitrophenol and for 2-methyl-4,6-dinitrophenol; and one milligram per liter (1 mg/L) for
antimony;
(3) Five times the maximum concentration value reported for that pollutant in the permit application.
b. That any activity has occurred or will occur which would result in any discharge, on a non -routine or infrequent
basis, of a toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the
following "notification levels";
(1) Five hundred micrograms per liter (500 µg/L);
(2) One milligram per liter (1 mg/L) for antimony;
(3) Ten times the maximum concentration value reported for that pollutant in the permit application.
Section D. Facility Closure Requirements
The Permittee must notify the Division at least 90 days prior to the closure of any wastewater treatment system covered
by this permit. The Division may require specific measures during deactivation of the system to prevent adverse
impacts to waters of the State. This permit cannot be rescinded while any activities requiring this permit continue at the
permitted facility.
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PART IV
SPECIAL CONDITIONS FOR MUNICIPAL FACILITIES
Section A. Deflnitions
In addition to the definitions in Part II of this permit, the following definitions apply to municipal facilities:
Indirect Discharge or Industrial User
Any non -domestic source that discharges wastewater containing pollutants into a POTW regulated under section
307(b), (c) or (d) of the CWA. [40 CFR 403.3 (i) and 0) and 15A NCAC 02H .0903(b)(11)]
Interference
Inhibition or disruption of the POTW treatment processes; operations; or its sludge process, use, or disposal which
causes or contributes to a violation of any requirement of the Permittee's (or any satellite POTW's if different from the
Permittee) NPDES, collection system, or non -discharge permit or prevents sewage sludge use or disposal in
compliance with specified applicable State and Federal statutes, regulations, or permits. [15A NCAC 02H
.0903(b)(14)]
Pass Through
A discharge which exits the POTW into waters of the State in quantities or concentrations which, alone or with
discharges from other sources, causes a violation, including an increase in the magnitude or duration of a violation, of
the Permittee's (or any satellite POTW's, if different from the Permittee) NPDES, collection system, or non -discharge
permit. [15A NCAC 02H .0903(b)(23)]
Publicly Owned Treatment Works (POTW)
A treatment works as defined by Section 212 of the CWA, which is owned by a State or local govermnent organization.
This definition includes any devices and systems used in the storage, treatment, recycling and reclamation of municipal
sewage or industrial wastes of a liquid nature. It also includes the collection system, as defined in 15A NCAC 2T
.0402, only if it conveys wastewater to a POTW treatment plant. The term also means the local government
organization, or municipality, as defined in section 502(4) of the CWA, which has jurisdiction over indirect discharges
to and the discharges from such a treatment works. In this context, the organization may be the owner of the POTW
treatment plant or the owner of the collection system into which an indirect discharger discharges. This second type of
POTW may be referred to as a "satellite POTW organization." [15A NCAC 02H .0903(b)(26)]
"Significant Industrial User" or "SIU"
An Industrial User that discharges wastewater into a publicly owned treatment works and that [15A NCAC 02H
.0903(b)(33)1:
1. Discharges an average of 25,000 gallons per day or more of process wastewater to the POTW (excluding sanitary,
noncontact cooling and boiler blowdown wastewaters); or
2. Contributes process wastewater which snakes up five percent or more of the NPDES or non -discharge permitted
flow limit or organic capacity of the POTW treatment plant. In this context, organic capacity refers to BOD, TSS
and ammonia; or
3. Is subject to categorical standards under 40 CFR Part 403.6 and 40 CFR Parts 405-471; or
4. Is designated as such by the Permittee on the basis that the Industrial User has a reasonable potential for adversely
affecting the POTW's operation or for violating any pretreatment standard or requirement, or the POTW's effluent
limitations and conditions in its NPDES or non -discharge permit, or to limit the POTW's sludge disposal options;
5. Subject to approval under 15A NCAC 02H .0907(b), the Permittee may determine that an Industrial User meeting
the criteria in paragraphs 1 or 2 of this definition above has no reasonable potential for adversely affecting the
POTW's operation or for violating any pretreatment standard or requirement, the POTW's effluent limitations and
conditions in its NPDES or non -discharge permit, or to limit the POTW's sludge disposal options, and thus is not a
Significant Industrial User (SIU); or
6. Subject to approval under 15A NCAC 02H .0907(b), the Permittee may determine that an Industrial User meeting
the criteria in paragraph 3 of this definition above meets the requirements of 40 CFR Part 403.3(v)(2) and thus is a
non -significant categorical Industrial User.
Section B. Publicly Owned Treatment Works (POTWs)
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All POTWs must provide adequate notice to the Director of the following [40 CFR 122.42(b)]:
1. Any new introduction of pollutants into the POTW from an indirect discharger, regardless of the means of
transport, which would be subject to section 301 or 306 of CWA if it were directly discharging those pollutants;
and
2. Any substantial change in the volume or character of pollutants being introduced by an indirect discharger as
influent to that POTW at the time of issuance of the permit.
3. For purposes of this paragraph, adequate notice shall include information on (1) the quality and quantity of effluent
introduced into the POTW, and (2) any anticipated impact that may result from the change of the quantity or
quality of effluent to be discharged from the POTW.
Section C. Municipal Control of Pollutants from Industrial Users.
1. Effluent limitations are listed in Part I of this permit. Other pollutants attributable to inputs from Industrial Users
discharging to the POTW may be present in the Permittee's discharge. At such time as sufficient information
becomes available to establish limitations for such pollutants, this permit may be revised to specify effluent
limitations for any or all of such other pollutants in accordance with best practicable technology or water quality
standards.
2. Prohibited Discharges
a. The Permittee shall develop and enforce their Pretreatment Program to implement the prohibition against the
introduction of pollutants or discharges into the waste treatment system or waste collection system which
cause or contribute to Pass Through or Interference as defined in 15A NCAC 02H .0900 and 40 CFR 403. [40
CFR 403.5(a)(1)]
b. The Permittee shall develop and enforce their Pretreatment Program to implement the prohibitions against the
introduction of the following wastes in the waste treatment or waste collection system [40 CFR 403.5(b)]:
(1) Pollutants which create a fire or explosion hazard in the POTW, including, but not limited to,
wastestreams with a closed cup flashpoint of less than 140 degrees Fahrenheit or 60 degrees Centigrade
using the test methods specified in 40 CFR 261.21;
(2) Pollutants which cause corrosive structural damage to the POTW, but in no case discharges with pH lower
than 5.0, unless the works is specifically designed to accommodate such discharges;
(3) Solid or viscous pollutants in amounts which cause obstruction to the flow M— the POTW resulting in
Interference;
(4) Any pollutant, including oxygen demanding pollutants (BOD, etc.) released in a Discharge at a flow rate
and/or pollutant concentration which will cause Interference with the POTW;
(5) Heat in amounts which will inhibit biological activity in the POTW resulting in Interference, but in no
case heat in such quantities that the temperature at the POTW Treatment Plant exceeds 40°C (104°F)
unless the Division, upon request of the POTW, approves alternate temperature limits;
(6) Petroleum oil, non -biodegradable cutting oil, or products of mineral oil origin in amounts that will cause
Interference or Pass Through;
(7) Pollutants which result in the presence of toxic gases, vapors, or fumes within the POTW in a quantity that
may cause acute worker health and safety problems; or
(8) Any trucked or hauled pollutants, except at discharge points designated by the POTW.
c. The Permittee shall investigate the source of all discharges into the POTW, including slug loads and other
unusual discharges, which have the potential to adversely impact the Permittee's Pretreatment Program and/or
the operation of the POTW.
The Permittee shall report such discharges into the POTW to the Director or the appropriate Regional Office.
Any information shall be provided orally within 24 hours from the time the Permittee became aware of the
circumstances. A written submission shall also be provided within 5 days of the time the Permittee becomes
aware of the circumstances. The written submission shall contain a description of the discharge; the
investigation into possible sources; the period of the discharge, including exact dates and times; if the
discharge has not ceased, the anticipated time it is expected to continue; and steps taken or planned to reduce,
eliminate, and prevent reoccurrence of the noncompliance,
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3. With regard to the effluent requirements listed in Part I of this permit, it may be necessary for the Permittee to
supplement the requirements of the Federal Pretreatment Standards (40 CFR, Part 403) to ensure compliance by
the Permittee with all applicable effluent limitations. Such actions by the Permittee may be necessary regarding
some or all of the industries discharging to the municipal system.
4. The Permittee shall require any Industrial User (IU) discharging to the POTW to meet Federal Pretreatment
Standards developed under Section 307(b) of the Act as amended (which includes categorical standards and
specific local limits, best management practices and narrative requirements). Prior to accepting wastewater from
any Significant Industrial User (SIU), the Permittee shall either develop and submit to the Division a new
Pretreatment Program or, as necessary, a modification of an existing Pretreatment Program, for approval as
required under section D below as well as 15A NCAC 02H .0907(a) and (b). [40 CFR 122.440)(2)]
5. This permit shall be modified, or alternatively, revoked and reissued, to incorporate or modify an approved POTW
Pretreatment Program or to include a compliance schedule for the development of a POTW Pretreatment Program
as required under Section 402 (b)(8) of the CWA and implementing regulations or by the requirements of the
approved State pretreatment program, as appropriate.
Section D. Pretreatment Programs
Under authority of sections 307 (b) and (c) and 402(b)(8) of the CWA and implementing regulations 40 CFR 403,
North Carolina General Statute 143-215.3(14) and implementing regulations 15A NCAC 02H .0900, and in accordance
with the approved pretreatment program, all provisions and regulations contained and referenced in the pretreatment
program submittal are an enforceable part of this permit. [40 CFR 122.440)(2)]
The Permittee shall operate its approved pretreatment program in accordance with Section 402(b)(8) of the CWA, 40
CFR 403; 15A NCAC 02H .0900, and the legal authorities, policies, procedures, and financial provisions contained in
its pretreatment program submission and Division approved modifications thereof. Such operation shall include but is
not limited to the implementation of the following conditions and requirements. Terms not defined in Part II or Part IV
of this permit are as defined in 15A NCAC 02H .0903 and 40 CFR 403.3.
1. Sewer Use Ordinance (SUO)
The Permittee shall maintain adequate legal authority to implement its approved pretreatment program. [15A
NCAC 02H .0903(b)(32), .0905 and .0906(b)(1); 40 CFR 403.8(f)(1) and 403.9(b)(1) and (2)]
Industrial Waste Survey (IWS)
The Permittee shall implement an IWS consisting of the survey of users of the POTW collection system or
treatment plant, as required by 40 CFR 403.8(f)(2)(i-iii) and 15A NCAC 02H .0905 [also 40 CFR 122.440)(1)],
including identification of all Industrial Users that may have an impact on the POTW and the character and amount
of pollutants contributed to the POTW by these Industrial Users and identification of those Industrial Users
meeting the definition of SIU. Where the Permittee accepts wastewater from one or more satellite POTWs, the
IWS for the Permittee shall address all satellite POTW services areas, unless the pretreatment program in those
satellite service areas is administered by a separate Permittee with an approved Pretreatment Program. The
Permittee shall submit a summary of its IWS activities to the Division at least once every five years, and as
required by the Division. The IWS submission shall include a summary of any investigations conducted under
paragraph C.2.c. of this Part. [15A NCAC 02H .0903(b)(13), .0905 and .0906(b)(2); 40 CFR 403.8(f)(2) and 403.9]
3. Monitoring Plan
The Permittee shall implement a Division -approved Monitoring Plan for the collection of facility specific data to
be used in a wastewater treatment plant Headworks Analysis (HWA) for the development of specific pretreatment
local limits. Effluent data from the Plan shall be reported on the DMRs (as required by Parts II.D and II.E.5.). [15A
NCAC 02H .0903(b)(16), .0906(b)(3) and .0905]
4. Headworks Analysis (HWA) and Local Limits
The Permittee shall obtain Division approval of a HWA at least once every five years, and as required by the
Division. Within 180 days of the effective date of this permit (or any subsequent permit modification) the
Permittee shall submit to the Division a written technical evaluation of the need to revise local limits (i.e., an
updated HWA or documentation of why one is not needed) [40 CFR 122.44]. The Permittee shall develop, in
accordance with 40 CFR 403.5(c) and 15A NCAC 02H .0909, specific Local Limits to implement the prohibitions
listed in 40 CFR 403.5(a) and (b) and 15A NCAC 02H .0909. Pursuant to 40 CFR 403.5, local limits are
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enforceable. Pretreatment Standards as defined by 40 CFR 403..3(1). [15A NCAC 02H .0903(b)(10), .0905, and
.0906(b)(4)]
5. Industrial User Pretreatment Permits (IUP) & Allocation Tables
In accordance with NCGS 143-215.1, the Permittee shall issue to all Significant Industrial Users, permits for
operation of pretreatment equipment and discharge to the Permittee's collection system or treatment works. These
permits shall contain limitations, sampling protocols, reporting requirements, appropriate standard and special
conditions,, and compliance schedules as necessary for the installation of treatment and control technologies to
assure that their wastewater discharge will meet all applicable pretreatment standards and requirements. The
Permittee shall maintain a current Allocation Table (AT) which summarizes the results of the HWA and the limits
from all IUDs. Permitted IUP loadings for each parameter cannot exceed the treatment capacity of the POTWas
determined by the HWA. [15A NCAC 02H .0906(b)(6), .0909, .0916, and .0917; 40 CFR 403.5, 403.8(f)(1)(iii);
NCGS 143-215.67(a)]
6. Authorization to Construct (AtC)
The Permittee shall ensure that an Authorization to Construct permit (AtC) is issued to all applicable Industrial
Users for the construction or modification of any pretreatment facility. Prior to the issuance of an AtC, the
proposed pretreatment facility and treatment process must be evaluated for its capacity to comply with all
Industrial User Pretreatment Permit (1UP) limitations. [15A NCAC 02H .0906(b)(7),and .0905; NCGS 143-
215,1(4)(8)
7. POTW Inspection & Monitoring_of their IUs
The Permittee shall conduct inspection, surveillance, and monitoring activities as described in its Division
approved :pretreatment program in order to determine; independent of information supplied by Industrial Users,
compliance with applicable pretreatment standards. [15A NCAC 02H .0908(e); 40 CFR 403.8(f)(2)(v)] The
Permittee, must:
a. Inspect all Significant Industrial Users (SIUs) at least once per calendar year;
b. Sample all Significant Industrial Users (SIUs) at least once per calendar year for all SIU permit -limited
parameters including flow except as allowed under 15A NCAC .0908(e); and
c. At least once per year, document an evaluation of any non -significant categorical Industrial User for
compliance with the requirements in 40 CFR 403.3(v)(2), .and either continue or revoke the designation as non-
significant.
IU Self Monitoring and Reporting
The Permittee shall require all Industrial Users to comply with the applicable monitoring and reporting.
requirements outlined in the Division -approved pretreatment program, the industry's pretreatment permit, or in 15A
NCAC 02H .0908. [15A NCAC 02H .0906(b)(5) and .0905; 40 CFR 403.8(f)(1)(v) and (2)(iii),; 40 CFR
122.440)(2) and 40 CFR 403.12]
9. Enforcement Response Plan (ERP)
The Permittee shall enforce and obtain appropriate remediesfor violations of all pretreatment standards
promulgated pursuant to section 307(b) and (c) of the. CWA (40 CFR 405 et. seq.), prohibitive discharge standards
as set forth in 40 CFR 403.5 and 15A NCAC 02H .0909, specific local limitations,, and other pretreatment.
requirements. All remedies, enforcement actions and other, shall be consistent with the Enforcement Response.
Plan (ERP) approved by the Division. l5A NCAC 02H .0903(b)(7), .0906(b)(8) and .0905 40 CFR 403:8(0(5)]
10. Pretreatment Annual Reports (PAR)
The Permittee shall report to the Division in accordance with 15A NCAC 02H .0908. In lieu of submitting annual
reports, Modified Pretreatment Programs developed under 15A NCAC 02H .0904 (b) may be required to submit a.
partial annual report or to meet with Division personnel periodically to discuss enforcement of; pretreatment
requirements and other pretreatment implementation issues.
For all other active pretreatment programs, the Permittee shall submit two copies of a Pretreatment Annual Report
(PAR) describing its pretreatment activities over the previous calendar year to the. Division at the following
address:
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NC DENR / Division of Water Resources / Water Quality Permitting Section
Pretreatment, Emergency Response, and Collection Systems (PERCS) Unit
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
These reports shall be submitted by March 1 of each year and shall contain the following:
a. Narrative
A narrative summary detailing actions taken, or proposed, by the Permittee to correct significant non-
compliance and to ensure compliance with pretreatment. requirements;
b. Pretreatment, Program Summgg (PPS)
A pretreatment program summary (PPS) on forms or in a format provided by the Division;
e. Significant Non -Compliance Report (SNCR)
A list of Industrial Users (IUs) in significant noncompliance (SNC) with pretreatment requirements, and the
nature of the violations on forms or in a format provided by the Division;
d. Industrial Data Summary Forms (IDSF)
Monitoring data from samples collected by both the POTW and the Significant Industrial Users (SIUs). These
analytical results must be reported on Industrial Data Summary Forms (IDSF) or on other forms or in a format
provided by the Division;
e. Other Information
Copies of the POTW's allocation table, new or modified enforcement compliance schedules, public notice of
IUs in 'SNC, a summary of data or other information related to significant noncompliance determinations for
IUs that are not considered SIUs, and any other information, upon request, which in the opinion of the Director
is needed to determine compliance with the pretreatment implementation, requirements of this permit;
11. Public Notice
The Permittee shall publish annually a list of Industrial Users (IUs) that were in significant noncompliance. (SNC)
as defined in the Permittee's Division -approved Sewer Use Ordinance with applicable pretreatment requirements
and standards during the previous twelve month period. This list shall be published within_ four months of the
applicable twelve-month period. [15A NCAC 02H .0903(b)(34), .0908(b)(5) and .0905 and 40 CFR
403.8(f)(2)(viii)]
12. Record Keeping
The Permittee shall retain for a minimum of three years records of monitoring activities and results, along with
support information including general records, water quality records, and records of industrial impact on the
POTW and shall retain all other Pretreatment Program records as required by 15A NCAC 02H .0908(f). [15A
NCAC 02H .0908(f); 40 CFR 403;12(o)]
13. Pretreatment Program Resources
The Permittee shall maintain adequate funding and qualified personnel to accomplish the objectives of its approved
pretreatment program. and retain a written description of those current levels of inspection. [15A NCAC 02H
.0906(b)(9) and (10) and .0905; 40 CFR 403.8(f)(3), 403.9(b)(3)]
14. Modification to Pretreatment Programs
Modifications to the approved pretreatment program including but not limited to local limits modifications, POTW
monitoring of their Significant Industrial Users (SIUs), and Monitoring Plan modifications, shall be considered a
permit modification and shall -be governed by 40 CFR 403.18, 15 NCAC 02H .0114 and 15A NCAC 02H.0907.
Version 1110912011.1
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0
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June 24, 2015
BUNCOMBE COUNTY PUBLIC
SCHOOLS
MAINTENANCE DEPARTMENT
175 Bingham Rd. ASHEVILLE, NC 28806
TELEPHONE (828) 232-4244
FAX (828) 232-4249
REDEIVEDIDENRONR
JUN 3 0 2015
NCDENR/DWR/NPDES Unit Water Quality
C/O Wren Thedford permitting Secfton
1617 Mail Service Center
Raleigh, NC 27699-1617
RE: NPDES Permit Renewal — NCO066788/ Fairview Elementary School
Per NPDES permit requirements, the following letter contains explanations of the operations of the above
permit number.
Request for Permit Renewal:
The Buncombe County School system requests renewal for the above NPDES permit based on the
educational needs of the Fairview Elementary School waste water treatment plant. Waste water treatment
is essential based on the rural location of this facility. Monthly monitoring logs provided to the NPDES
Unit substantiate the normal operation of this plant.
Operation Authority:
RPB Systems, a licensed WWTP construction and operations firm in Asheville is under contract to
perform operations on this facility by order of the BOE.
Sludge Management:
Sludge management of this facility is based on daily flow and treatment conditions. The ORC is in charge
of determining when solids/sludge is to be removed via a pump and haul method with a licensed pump
operations company. Documentation is provided in the standard operators log and monthly monitoring
logs.
Please advise if you have further questions or concerns.
R. �elvin Hal]'— Assistant Director — Maintenance Department
Bh
Cc: W WTP Files
RPB Systems
NPDES APPLICATION - FORM D
For privately -owned treatment systems treating 100% domestic wastewaters <1.0 MGD
Mail the complete application to:
N. C. DENR / Division of Water Resources / NPDES Program
1617 Mail Service Center, Raleigh, NC 27699-1617
NPDES Permit N00066788
If you are completing this form in computer use the TAB key or the up — down arrows to move from one field to
the next. To check the boxes, click your mouse on top of the box. Otherwise, please print or type.
1. Contact Information:
Owner Name Buncombe County Schools
Facility Name Fairview Elementary School
Mailing Address 175 Bingham Road
City Asheville RECEIVED/DENRIliinlp
State / Zip Code NC / 28806
Telephone Number 828-232-4244
Fax Number 828-232-4249 Permuting Section
e-mail Address belvin.hall@bcsemail.org
2. Location of facility producing discharge:
Check here if same address as above ❑
Street Address or State Road 1355 Charlotte Hwy
City Fairview
State / Zip Code NC / 28730
County
Buncombe
3. Operator Information:
Name of the firm, public organization or other entity that operates the facility. (Note that this is not referring to the
Operator in Responsible Charge or ORC)
Name RPB Systems, Inc.
Mailing Address
P.O. Box 1325
City
Asheville
State / Zip Code
NC / 28802
Telephone Number
828-251-1900
Fax Number
828-251-1945
e-mail Address
rbarr@rpbsystems.com
1 of 3 Form-D 9/2013
FVV
NPDES APPLICATION - FORM D
For privately -owned treatment systems treating 100% domestic wastewaters <1.0 MGD
4. Description of wastewater: Domestic Sewage from School
Facility Generating Wastewater(check all that apply):
Industrial ❑ Number of Employees
Commercial ❑ Number of Employees
Residential ❑ Number of Homes
School X Number of Students/Staff
Other ❑ Explain:
Describe the source(s) of wastewater (example: subdivision, mobile home park, shopping centers, restaurants,
etc.):
Elementary School
Number of persons served:
5. Type of collection system
X Separate (sanitary sewer only) ❑ Combined (storm sewer and sanitary sewer)
6. Outfal I Information:
Number of separate discharge points 1
Outfall Identification number(s) 001
Is the outfall equipped with a diffuser? ❑ Yes X No
7. Name of receiving stream(s) (NEW applicants: Provide a map showing the exact location of each outfall):
Cane Creek
8.
Frequency of Discharge: X Continuous
If intermittent:
Days per week discharge occurs:
❑ Intermittent
Duration:
9. Describe the treatment system
List all installed components, including capacities, provide design removal for SOD, TSS, nitrogen and
phosphorus. If the space provided is not sufficient, attach the description of the treatment system in a separate
sheet of paper.
Secondary package WWTP with flow equalization, extended aeration, chlorine/dechlor
disinfection, post aeration, flow meter, sludge holding, and standby generator.
2of3
Form-D 9/2013
NPDES APPLICATION - FORM D
For privately -owned treatment systems treating 100% domestic wastewaters <1.0 MGD
10. Flow Information:
Treatment Plant Design flow 0.011 MGD
Annual Average daily flow 0.0057 MGD (for the previous 3 years)
Maximum daily flow 0.009 MGD (for the previous 3 years)
11. Is this facility located on Indian country?
❑ Yes X No
12. Effluent Data
NEWAPPLICANTS: Provide data for the parameters listed. Fecal Coliform, Temperature and pH shall be grab samples, for
all other parameters 24-hour composite sampling shall be used. If more than one analysis is reported, report daily maximum
and monthly average. If only one analysis is reported, report as daily maximum.
RENEWAL APPLICANTS: Provide the highest single readinri fnafw Mavim„mi n. 4
ast 36 months for arameters current/ in
our ermit. Maother�arameters�"N/A"wwiiuny
~vcrdye over me
Units of
Measurement
Parameter
Daily
Maximum
Monthly
Average
9.16
54.9
7.82
Biochemical Oxygen Demand (BODS)
41.9
Mg/L
Fecal Coliform
2420
/100 ml
Total Suspended Solids
39.3
Mg/L
Temperature (Summer)
n/a
n/a
Temperature (Winter)
n/a
n/a
pH
7.2
13. List all permits, construction approvals and/or applications:
Type Permit Number Type
Hazardous Waste (RCRA)
UIC (SDWA)
NPDES
PSD (CAA)
Non -attainment program (CAA)
NCO066788
14. APPLICANT CERTIFICATION
NESHAPS (CAA)
Ocean Dumping (MPRSA)
Dredge or fill (Section 404 or CWA)
Other
Permit Number
I certify that I am familiar with the information contained in the application and that to the best of my
knowledge and belief such information is true, complete, and accurate.
Belvin Hall Assistant Director Maintenance
Printed name of Person Signing Title
Signature of Applicant
Date
North Carolina General Statute 143-215.6 (b)(2) states: Any person who knowingly makes any false statement representation, or certification in any
application, record, report, plan, or other document files or required to be maintained under Article 21 or regulations of the Environmental Management
Commission implementing that Article, or who falsifies, tampers with, or knowingly renders inaccurate any recording or monitoring device or method
required to be operated or maintained under Article 21 or regulations of the Environmental Management Commission implementing that Article, shall be
guilty of a misdemeanor punishable by a fine not to exceed $25,000, or by imprisonment not to exceed six months, or by both. (18 U.S.C. Section 1001
provides a punishment by a fine of not more than $25,000 or imprisonment not more than 5 years, or both, for a similar offense.)
3 of 3 Form-D 9/2013
"J
NC®ENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
Belvin Hall, Asst. Dir. of Maintenance
Buncombe County Schools
Fairview Elementary School
175 Bingham Road
Asheville, NC 28806
Dear Permittee:
Donald R. van der Vaart
Secretary
July 08, 2015
Subject: Acknowledgement of Permit Renewal
Pen -nit NCO066788
Buncombe County
The NPDES Unit received your permit renewal application on June 30, 2015. A member of the
NPDES Unit will review your application. They will contact you if additional information is required to
complete your permit renewal. You should expect to receive a draft permit approximately 30-45 days
before your existing permit expires.
If you have any additional questions concerning renewal of the subject permit, please Maureen Kinney
contact at (919) 807-6388.
Sincerely,
W sre px. Tl zde oroa
Wren Thedford
Wastewater Branch
cc: Central Files
Aal1eiegional-Qffic__, e
NPDES Unit
1617 Mail Service Center, Raleigh, North Carolina 27699-1617
Location: 512 N. Salisbury St. Raleigh, North Carolina 27604
Phone: 919-807-63001 Fax: 919-807-64921Customer Service: 1-877-623-6748
Internet:: www.ncwater.orq
; .q
An Equal OpportunitytAffirmative Action Employer
State of North Carolina
Department of Environment, Health and Natural Resources
Division of Environmental Management
512 North Salisbury Street • Raleigh, North Carolina 27604
James B. Hunt, Jr., Govemor
Jonathan B. Howes, Secretary
Mr. Claude Taylor
196 Coxe Avenue
Asheville, North Carolina 28801
Dear Mr. Taylor:
r �A�m. Preston Howard, Jr., P.E.
DirectorMay 26, 1993
J al 1 1993
,=ACILITIES Lit P-L AP NING
Subject: Building Lateral
Old Shade Side Motel Property
Fairview Elementary School
Buncombe County Board of Education
The Division is in receipt of your letter dated April 6, 1993 which requests the authorization to
connect additional flow from facilities to'be located on property known as Old Shade Side Motel property
to the wastewater treatment plant owned by Buncombe County which serves Fairview Elementary School.
When the original permit was issued to Buncombe County, it authorized the connection of a four bedroom
house on your property. Since that time, you have requested of the Board of Education and the State
Division of Environmental Management, that you be allowed to connect a convenient store and laundry
mat to this existing permitted facility. Per our conversations, the Division cannot authorize a connection to
a facility without a formal permit amendment being requested by Buncombe County -for the current
NPDES Permit and Authorization to Construct that is issued to Buncombe County and a sewer extension
permit that must be applied for in your name with written authorization from Buncombe County to allow
this connection. In that regard, you'have singe agreed to elittunate your plans for the connection of the
laundry mat and have requested thatoanstdt ration be::gieen to allow rite connection of the.cotiuenient store.
To support your request, you have s tbtnitted wator records which indicate hafthe watervonsurmption at
this facility would average 425 gallons per day. This would equate to less than the _-stimate of wastewater
flow which would be generated from a four (4) bedroom house at a rate of 480 gallons per day. This
being the case, the Division will allow this connection, however, the following outlines the conditions by
which this approval is given. If compliance with each and every one of these conditions is not attained,
this approval is hereby immediately voided and revoked.
1. You must be granted approval for this connection from the Buncombe County Board of
Education. They must not have a concern for the type of wastewater to be connected to
their system which will consist of the wastewater generated from the convenient store only.
2. The flow generated from this connection must be less than 425 gallons per day.
Regional Offices
Ashevi0e Fayetteville Mooresville Raleigh Washington Wilmington Winston -Salon
704/251.6208 919/486-1541 704[663-1699 9191571-4700 919/946-6491 919/395-3900 919/896-7007
Pollution Prevention Pays
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-7015
An Equal Opportunity Affirmative Action Employer
Mr. Taylor
page -2-
3. You must obtain the appropriate approval(s) from the building inspections department for
the building tap.
If you have any questions regarding this approval or if the Division can offer any further assistance
to you, please contact me at (919)733-5083.
Sincerely,
Carolyn ::IVIcCa"skiLt;-Supervisor
State Engineering Review Group
cc: 1�Ir'"Marshall Roberts, AIA., Buncombe County Board of -Education ..,
Asheville Regional Office, Water Quality Section f
Division Central Files
Buncombe County Health Department
PPP
M s ems
Construction Services • Contract Operations • Maintenance
February 17, 2017 .
Mr. Landon Davidson
North Carolina Department of
Environmental. Health and Natural Resources
Water Quality Section
2090 U.S. Highway 70
Swannanoa, NC 28778
Re: Notice of Violation .. . .
NOV-2017=LV-0133
NPDES Permit NCO066788 Buncombe -County Schools
Fairview Elementary School
-Buncombe County
Dear Landon,
This letter is written on behalf of the Buncombe County'Schools to provide 'information
as to remedial action taken.to the above referenced facility. RPB Systems_, Inc. is the
contract operations firm, which operates this facility. _
The reported flow value of 0.350 MGD was reported in error on 8/30/16. The -actual
value was 0.0035 MGD. See attached amended.DMR being forwarded to Raleigh in
today's mail:
I trust you will call if you have any further questions or concerns.
ROWROD�
Robert Barr
Cc: Mr: Clark Wyatt
File
out cnicn
Certified Mai
February 10, 20.17
Dear .Permitkql
ee
A review of the August 2016 Discharge Monitoring Report (DMR) for the subject facility revealed the violation(s)
indicated :below: "
Limit Fxceedance Violation (s).
Sample
Location Parameter '
Limit Reported
Date Value Value Type of Violation
001 Effluent Flow, inconduit or thru 8/31/2016 0.011 0.35 Monthly Average Exceeded
i reatmeht plant (50050)
Remedial actions, if not already implemented, should be taken to correct any noted problems. The Division of
Water Resources may pursue• enforcement actions for this and any additional violations.
Please'review-the flows for the August 2016 DMR and submit a written response within 10 days of receipt of this
letter to this,'Officeexplainirig why the Monthly Average Flow exceeded the permit limit.
-77-77
- State of North Carolina I Environmental Quality I Water Resources
2090 U.S. 70 Highway, Swannanoa, NC 28778
R2R-296-4500
G:\WR\WQ\Buncombe\Wastewater\Minors\Fairview Elementary 66788\NOV-2017-LV-0133.rtf
ppp'
I
��gkc
PNPDES
EFFLUENT
NO: NCO066788
DISCHARGE NO: 001 MONTH
FACILITY NAME:-'. ,. Buncombe County Schools -Fairview Elelm CLASS: II
OPERATOR IN RESPONSIBLE CHARGE (ORC):
Richard Swilling GRADE: II
CERTIFIED LABORATORIES (1):
Face Analytical (2)
CHECK BOX IF ORC HAS CHANGED:
PERSON(S) COLLECTING SAMPLES:
MAIL ORIGINAL AND ONE COPY TO:
ATTN: CENTRAL FILE
Division of Water Quality
DENR
X
1617 Mair Service Center
(SIGNATURE OF OPERATOR IN RESPONSIBLE CHARGE)
Raleigh, NC 27699-1617
BY THIS SIGNATURE, I CERTIFY THAT THIS REPORT IS
ACCURATE AND COMPLETE TO THE BEST OF MY KNOWLEDGE.
August
COUNTY:
Phone:
YEAR: 2016
Buncombe
828-251-1900
Richard Swilling
tf?
DEM Form MR-1 (Revised.12193)
Facility Status: (Please check one of the following)
All monitoring data and sampling frequencies meet permit requirements
All monitoring data and sampling frequencies do NOT meet permit requirements
Compliant
0
Noncompliant
If the facility is noncompliant, please comment on corrective actions being taken in respect to equipment, operation, maintenance., etc., and
a time table for improvements to be made.
"I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with
a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the
person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted
is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false
information, including the possibility of fines and imprisonment for knowing violations."
175 Bingham Road Asheville, NC 28806
Permittee Address
00010 Temperature
00076 Turbidity
00080 Color (Pt -Co)
00082 Color (ADMI)
00095 Conductivity
00300 Dissolved Oxygen
00310 BOD5
00340 COD
00400 pH
00530 Total Susppendec
Residue
00545 Settleable Matter
00556 Oil & Grease
00600 Total Nitrogen
00610 Ammonia Nitrogen
00625 Total Kjeldhal
Nitrogen
00630 Nitrates/Nitrites
00665 Total Phosphorous
00720 Cyanide
00745 Total Sulfide
00927 Total Magnesium
00929 Total Sodium
00940 Total Chloride
Buncombe County Schools
Permitte PI pri t or type)
2,/ 1
Signa ure of Permittee— Date
828-232-4244
Phone Number
12/31/2015
Permit Exp. Date
PARAMETER CODES
00951 Total Flouride
01067 Nickel
50060 Total
01002 Total Arsenic
01077 Silver
Residual
01092 Zinc
Chlorine
01027 Cadium
01105 Aluminum
01032 Hexavalent Chromiur
01147 Total Selenium
71880 Formaldehyde
01034 Chromium
31616 Fecal Coliform
71900 Mercury ,
32730 Total Phenolics
81551 Xylene
01037 Total Cobalt
34235 Benzene
01042 Copper
34481 Toluene
38260 MBAS
01045 Iron
39516 PCBs
01051 Lead
50050 Flow
Parameter Code assistance may obtained by calling the Water Quality Compliance Group at (919) 733-5083, extension 581 or 534.
The monthly average for fecal coliform is to be reported as a GEOMETRIC mean. Use only units designated in the reporting facility's
permit for reporting data.
"ORC must visit facility and document visitation of facility as required per 15A NCAC 8A.0202 (b) (5) (B).
**If signed by other than the permittee, delegation of signatory authority must be on file with the state per 15A NCAC 213.0506 (b) (2) (D).
Facilitv information
NPDES permit #: NCO066788 Buncombe County
Facility name: Fairview Elementary School —
Buncombe County Board of Education
WWTP class: II
WWTP type: 0.011 MGD extended aeration WWTP with:
?-ainfluent pumps; manual bar screen; flow
equalization basin; aeration basin; clarifier with
sludge return, aerobic digestor; tablet
chlorinator; chlorine contact chamber;
Vv� dechlorination unit; and flow recorder
WWTP location: 1355 Charlotte Hwy (US Hwy 74) @ NCSR 2800;
northwest of Fairview
Responsible official: R. Belvin Hall
Responsible " 's title: Assistant Director, Maintenance Department
Official's location: 167 Craven Street; Asheville, NC .28806
Email: belvin.hall@bcsemail.org "
Phone numbers
828-232-4244
828-232-4249
828-251-1900
828-251-1945
Operator Information
ORC & grade:
Permit information
Date issued:
Expiration date:
Stream information
Stream & river basin:
Sub -basin:
Stream classification:
Instream Waste Conc.:
Summer 7Q10 cfs:
Belvin Hall
" - fax
RPB Systems — "Bob" P. Barr - Contract ORC
" — fax PO Box 1325; Asheville, NC 28802
K.eln4ftmsen — G rad e
1-1-2006
12-31-2010
Cane Creek; French Broad River Basin
04-03-02 Quad: Grid: E 9 SW
C - Trout Drainage area sq mi:
Average stream flow:
Winter 7Q10 cfs:
Other information
Directions:
The facility is located adjacent to US Hwy 74,
0.05 miles southeast of its intersection with
NCSR 2800, near Fairview.
ff1e-9Aa1_
f'
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
December 15, 2010
f 4
Mr. R. Belvin Hall
Assistant Director —Maintenance
Buncombe County Public Schools
175 BingliamRoad'
Asheville, North Carolina 28806
Subject: NPDES PERMIT ISSUANCE
Permit Number NCO066788
Fairview Elementary School
Buncombe County
Dear Mr. Hall:
Dee Freeman
Secretary
Division personnel have reviewed and approved your application for renewal of the subject
permit. Accordingly, we are forwarding the attached final NPDES discharge permit. This permit is
issued pursuant to the requirements of North Carolina General Statute 143-215.1 and the
Memorandum of Agreement between North Carolina and the U.S. Environmental Protection
Agency dated October 15, 2007 (or as subsequently -amended).
If any parts, measurement frequencies or sampling requirements contained in this permit are
unacceptable to you, you have the right to an adjudicatory hearing upon written request within
thirty (30) days following receipt of this letter. This request must be in the form of a written
petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the
Office of Administrative Hearings (6714 Mail Service Center, Raleigh, North Carolina 27699-
6714). Unless such demand is made, this permit shall be final and binding.
Please take notice that this permit is not transferable. This permit does not affect the legal
requirements to obtain other permits which may be required by the Division of Water Quality or
permits required by the Division of Land Resources, Coastal Area Management Act, or any other
Federal or Local governmental permits which may be required.
If you have any questions or need additional information, please do not hesitate to contact
Maureen Scardina of my staff at (919) 807-6388.
1 S fin... : J^ 4 J ., , h 4\ 3- Y Y K iA .:e�✓i � „l_ _Y..Y �,.. .
Sincerely, •'1 1 q>.f iw
Coleen H.
cc: Central Files AfoF
NPDES Unit Files
Ashevil-1-e-gionalNOffice
1617 Mail Service Center, Raleigh, North Carolina 27699-1617
Location:•512 N. Salisbury St. Raleigh, North Carolina 27604
Phone: 919-807-63001 FAX: 919-807-64921 Customer Service: 1-877-623-6748
Internet: http://portal.ncdenr.org/webiwq/home
An Equal Opportunity 1 Affirmative Action Employer
InE�iy sl
JAli 18 2011
�,dATEr QUZ lY SECTIc'N
ASHEVILI E REGIONAL C(j15`P� E -
-- Forth C
Coleen H.
cc: Central Files AfoF
NPDES Unit Files
Ashevil-1-e-gionalNOffice
1617 Mail Service Center, Raleigh, North Carolina 27699-1617
Location:•512 N. Salisbury St. Raleigh, North Carolina 27604
Phone: 919-807-63001 FAX: 919-807-64921 Customer Service: 1-877-623-6748
Internet: http://portal.ncdenr.org/webiwq/home
An Equal Opportunity 1 Affirmative Action Employer
InE�iy sl
JAli 18 2011
�,dATEr QUZ lY SECTIc'N
ASHEVILI E REGIONAL C(j15`P� E -
-- Forth C
r
P-ermit NCO066788
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
M' sM M
TO DISCHARGE WASTEWATER UNDER THE
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
In compliance with the provisions of North Carolina General Statute 143-215.1, other lawful standards
and regulations promulgated and adopted by the North Carolina Environmental Management
Commission, and the Federal Water Pollution Control Act, as amended, the
Buncombe County Board of Education
is hereby authorized to discharge wastewater from a facility located at the
Fairview Elementary School WWTP
1355 Charlotte Highway
Fairview
Buncombe County
to receiving' waters designated as Cane Creek in the French Broad River Basin in accordance with
effluent limitations, monitoring requirements, and other conditions set forth in Parts I, II, III and IV
hereof.
This permit shall become effective January 1, 2011.
This permit and authorization to discharge shall expire at midnight on December 31, 2015.
Signed this day December 15, 2010.
/ Coleen H. Sullins, Director
for Division of Water Quality
By Authority of the Environmental Management Commission
a a
Permit NC0066788
SUPPLEMENT TO PERMIT COVER SHEET
All previous NPDES Permits issued to this facility, whether for operation or discharge are hereby
revoked, and as of this issuance, any previously issued permit bearing this number is no longer
effective. Therefore, the exclusive authority to operate and discharge from this facility arises under the
permit conditions, requirements, terms, and provisions included herein. ,
Buncombe County Board of Education is hereby authorized to:
1. Continue to operate an existing 0.011 MGD extended aeration package wastewater treatment
facility with the following components:
♦ Influent pumps
♦ Equalization: basin
♦ Aerated sludge holding tank
♦ Chlorination and dechlorination equipment
♦ Flow recorder
♦ Standby generator
This facility is located at the Fairview Elementary School WWTP on U.S. Highway 74 @ NCSR
2800 northwest of Fairview in Buncombe County.
2. Discharge from said treatment works at the location specified on the attached map into Cane Creek,
currently classified C-Trout waters in sub -basin 04-03-02 in the French Broad River Basin.
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Buncombe County Board of Education
Fairview Elementary School
CountV: Buncombe Stream Class: C-Trout
Receiving Stream: Cane Creek Sub -Basin: 040302
Latitude: 35' 31' 30" Grid/Quad: E9SW
Longitude. 82* 24' 00" HUCM 06010105
N,
Facility
Location
(not to scale) Z--11 IF
NORTH FNPDES Permit: NCO066788
Permit NC0066788 .
A. (L) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS
During the period beginning on the effective date of this permit and lasting until expiration, the
Permittee is authorized to discharge from outfall 001. Such discharges shall be limited and monitored
by the Permittee as specified below:
EFFLUENT CHARACTERISTICS,
.-. LIMITS
MONITORING REQUIREMENTS
M®nthl
Daily,
Y ,_.:.Measurement
Sample'
Sample:
Parameter C es
Average
Ma"Ximum
Frequency
Type
Location
Flow
0.011 MGD
Weekly
Instantaneous
Influent or
50050
Effluent
BOD, 5-day (20°C)
30.0 mg/L
45.0 mg/L
Weekly
Grab
Effluent
00310
Total Suspended Solids
30.0 mg/L
45.0 mg/L
Weekly
Grab
Effluent
00530
NH3 as N
00610
2/Month
Grab
Effluent
Fecal Coliform (geometric mean)
200/100 nil
400/100 nil
Weekly
Grab
Effluent
31616
Total Residual Chlorine'
28.0 µg/L
2/Week
Grab
Effluent
50060
Temperature (°C)
00010
Weekly
Grab
Effluent
pH
Not < 6.0 nor > 9.0
Weekly
Grab
Effluent
00400
Standard Units
Footnote:
1. The Division shall consider all effluent TRC values reported below 50 ug/1 to be in compliance with
the permit. However, the Permittee shall continue to record and submit all values reported by a North
Carolina certified laboratory (including field certified), even if these values fall below 50 ug/l.
THERE SHALL BE NO DISCHARGE OF FLOATING SOLIDS OR VISIBLE FOAM IN OTHER THAN TRACE AMOUNTS.
?DES Permit Standard Conditions
Page 1 of 18
PART II
STANDARD CONDITIONS FOR NPDES PERMITS
Section A. Definitions
2/Month
Samples are collected twice per month with at least ten calendar days between sampling events. These samples
shall be representative of the wastewater discharged during the sample period.
3/Week
Samples are collected three times per week on three separate calendar days. These samples shall be representative
of the wastewater discharged during the sample period.
Act or "the Act"
The Federal Water Pollution Control Act, also known as the Clean Water Act (CWA), as amended, 33 USC 1251, et.
seq.
Annual Average
The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar year. In the case of fecal
coliform, the geometric mean of such discharges.
Arithmetic Mean
The summation of the individual values divided by the number of individual values.
Bypass
The known diversion of waste streams from any portion of a treatment facility including the collection system,
which is not a designed or established or operating mode for the facility.
Calendar Day
The period from midnight of one day until midnight of the next day. However, for purposes of this permit, any
consecutive 24-hour period that reasonably represents the calendar day may be used for sampling.
Calendar Week
The period from Sunday through the following Saturday.
Calendar Quarter
One of the following distinct periods: January through March, April through June, July through September, and
October through December.
Composite Sample
A sample collected over a 24-hour period by continuous sampling or combining grab samples of at least 100 ml in
such a manner as to result in a total sample representative of the wastewater discharge during the sample period.
The Director may designate the most appropriate method (specific number and size of aliquots necessary, the time
interval between grab samples, etc.) on a case -by -case basis. Samples may be collected manually or automatically.
Composite samples may be obtained by the following methods:
(1) Continuous: a single, continuous sample collected over a 24-hour period proportional to the rate of flow.
(2) Constant time/variable volume: a series of grab samples collected at equal time intervals over a 24 hour
period of discharge and combined proportional to the rate of flow measured at the time of individual
sample collection, or
(3) Variable time/constant volume: a series of grab samples of equal volume collected over a 24 hour period
with the time intervals between samples determined by a preset number of gallons passing the sampling
point. Flow measurement between sample intervals shall be determined by use of a flow recorder and
totalizer, and the preset gallon interval between sample collection fixed at no greater than 1/24 of the
expected total daily flow at the treatment system, or
(4) Constant time/constant volume: a series of grab samples of equal volume collected over a 24-hour period
at a constant time interval. Use of this method requires prior approval by the Director. This method may
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only be used in situations where effluent flow rates vary less than 15 percent. The following restrictions
also apply:
➢ Influent and effluent grab samples shall be of equal size and of no less than 100 milliliters
➢ Influent samples shall not be collected more than once per hour.
➢ Permittees with wastewater treatment systems whose detention time < 24 hours shall collect effluent
grab samples at intervals of no greater than 20 minutes apart during any 24-hour period.
➢ Permittees with wastewater treatment systems whose detention time exceeds 24 hours shall collect
effluent grab samples at least every six hours; there must be a minimum of four samples during a 24-
hour sampling period.
Continuous flow measurement
Flow monitoring that occurs without interruption throughout the operating hours of the facility. Flow shall be
monitored continually except for the infrequent times when there may be no flow or for infrequent maintenance
activities on the flow device.
Daily Discharge
The discharge of a pollutant measured during a calendar day or any 24-hour period that reasonably represents the
calendar day for purposes of sampling. For pollutants measured in units of mass, the "daily discharge" is
calculated as the total mass of the pollutant discharged over the day. The "daily discharge" concentration
comprises the mean concentration for a 24-hour sampling period as either a composite sample concentration or the
arithmetic mean of all grab samples collected during that period. (40 CFR 122.2)
Daily Maximum
The highest "daily discharge" during the calendar month.
Daily Sampling
Parameters requiring daily sampling shall be sampled 5 out of every 7 days per week unless otherwise specified in
the permit. Sampling shall be conducted on weekdays except where holidays or other disruptions of normal
operations prevent weekday sampling. If sampling is required for all seven days of the week for any permit
parameter(s), that requirement will be so noted on the Effluent Limitations and Monitoring Page(s).
DWQ or "the Division"
The Division of Water Quality, Department of Environment and Natural Resources.
EMC
The North Carolina Environmental Management Commission
EPA
The United States Environmental Protection Agency
Facility Closure
Cessation of all activities that require coverage under this NPDES permit. Completion of facility closure will allow
this permit to be rescinded.
Geometric Mean
The Nth root of the product of the individual values where N = the number of individual values. For purposes of
calculating the geometric mean, values of "0" (or "< [detection level]") shall be considered =1.
Grab Sample
Individual samples of at least 100 ml collected over a period of time not exceeding 15 minutes. Grab samples can be
collected manually. Grab samples must be representative of the discharge (or the receiving stream, for instream
samples).
Hazardous Substance
Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the CWA.
Instantaneous flow measurement
A measure of flow taken at the time of sampling, when both the sample and flow will be representative of the total
discharge.
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Monthly Average (concentration limit)
The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar month. In the case of
fecal coliform, the geometric mean of such discharges.
Permit Issuing Authority
The Director of the Division of Water Quality.
Quarterly Average (concentration limit)
The average of all samples taken over a calendar quarter.
Severe property damage
Substantial physical damage to property, damage to the treatment facilities which causes them to become
inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in
the absence of a bypass. Severe property damage excludes economic loss caused by delays in production.
Toxic Pollutant:
Any pollutant listed as toxic under Section 307(a)(1) of the CWA.
Upset
An incident beyond the reasonable control of the Permittee causing unintentional and temporary noncompliance
with permit effluent limitations and/or monitoring requirements. An upset does not include noncompliance
caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of
preventive maintenance, or careless or improper operation.
Weekly Average (concentration limit)
The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar week. In the case of
fecal coliform, the geometric mean of such discharges.
Section B. General Conditions
Duty to Comply
The Permittee must comply with all conditions of this permit. Any permit noncompliance constitutes a
violation of the CWA and is grounds for enforcement action; for permit termination, revocation and
reissuance, or modification; or denial of a permit renewal application [40 CFR 122.411.
a. The Permittee shall comply with effluent standards or prohibitions established under section 307(a) of the
CWA for toxic pollutants and with standards for sewage sludge use or disposal established under section
405(d) of the CWA within the time provided in the regulations that establish these standards or
prohibitions or standards for sewage sludge use or disposal, even if the permit has not yet been modified
to incorporate the requirement.
b. The CWA provides that any person who violates section[s] 301, 302, 306, 307, 308, 318 or 405 of the Act, or
any permit condition or limitation implementing any such sections in a permit issued under section 402,
or any requirement imposed in a pretreatment program approved under sections 402 (a) (3) or 402 (b) (8)
of the Act, is subject to a civil penalty not to exceed $37,500 per day for each violation. [33 USC 1319 (d)
and 40 CFR 122.41 (a) (2)]
c. The CWA provides that any person who negligently violates sections 301, 302, 306, 307, 308, 318, or 405 of
the Act, or any condition or limitation implementing any of such sections in a permit issued under section
402 of the Act, or any requirement imposed in a pretreatment program approved under section 402(a)(3)
or 402(b)(8) of the Act, is subject to criminal penalties of $2,500 to $25,000 per day of violation, or
imprisonment of not more than 1 year, or both. In the case of a second or subsequent conviction for a
negligent violation, a person shall be subject to criminal penalties of not more than $50,000 per day of
violation, or by imprisonment of not more than 2 years, or both. [33 USC 1319 (c) (1) and 40 CFR 122.41 (a)
(2)]
d. Any person who knowingly violates such sections, or such conditions or limitations is subject to criminal
penalties of $5,000 to $50,000 per day of violation, or imprisonment for not more than 3 years, or both. In
the case of a second or subsequent conviction for a knowing violation, a person shall be subject to criminal
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penalties of not more than $100,000 per day of violation, or imprisonment of not more than 6 years, or
both. [33 USC 1319 (c) (2) and 40 CFR 122.41 (a) (2)]
e. Any person who knowingly violates section 301, 302, 303, 306, 307, 308, 318 or 405 of the Act, or any permit
condition or limitation implementing any of such sections in a permit issued under section 402 of the Act,
and who knows at that time that he thereby places another person in imminent danger of death or serious
bodily injury, shall, upon conviction, be subject to a fine of not more than $250,000 or imprisonment of not
more than 15 years, or both. In the case of a second or subsequent conviction for a knowing endangerment
violation, a person shall be subject to a fine of not more than $500,000 or by imprisonment of not more
than 30 years, or both. An organization, as defined in section 309(c)(3)(B)(iii) of the CWA, shall, upon
conviction of violating the imminent danger provision, be subject to a fine of not more than $1,000,000 and
can be fined up to $2,000,000 for second or subsequent convictions. [40 CFR 122.41 (a) (2)]
f. Under state law, a civil penalty of not more than $25,000 per violation may be assessed against any person
who violates or fails to act in accordance with the terms, conditions, or requirements of a permit. [North
Carolina General Statutes § 143-215.6A]
g. Any person may be assessed an administrative penalty by the Administrator for violating section 301, 302,
306, 307, 308, 318 or 405 of this Act, or any permit condition or limitation implementing any of such
sections in a permit issued under section 402 of this Act. Administrative penalties for Class I violations are
not to exceed $16,000 per violation, with the maximum amount of any Class I penalty assessed not to
exceed $37,500. Penalties for Class II violations are not to exceed $16,000 per day for each day during
which the violation continues, with the maximum amount of any Class II penalty not to exceed $177,500.
[33 USC 1319 (g) (2) and 40 CFR 122.41 (a) (3)]
2. Duty to Mitigate
The Permittee shall take all reasonable steps to minimize or prevent any discharge or sludge use or disposal in
violation of this permit with a reasonable likelihood of adversely affecting human health or the environment
[40 CFR 122.41 (d)].
3. Civil and Criminal Liability
Except as provided in permit conditions on 'Bypassing" (Part II. C. 4), "Upsets" (Part II. C. 5) and 'Power
Failures" (Part II. C. 7), nothing in this permit shall be construed to relieve the Permittee from any
responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3, 143-215.6 or Section 309
of the Federal Act, 33 USC 1319. Furthermore, the Permittee is responsible for consequential damages, such as
fish kills, even though the responsibility for effective compliance may be temporarily suspended.
Oil and Hazardous Substance Liability
Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the Permittee
from any responsibilities, liabilities, or penalties to which the Permittee is or may be subject to under NCGS
143-215.75 et seq. or Section 311 of the Federal Act, 33 USG 1321. Furthermore, the Permittee is responsible for
consequential damages, such as fish kills, even though the responsibility for effective compliance may be
temporarily suspended.
5. Property Rights
The issuance of this permit does not convey any property rights in either real or personal property, or any
exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor
any infringement of Federal, State or local laws or regulations [40 CFR 122.41 (g)].
6. Onshore or Offshore Construction
This permit does not authorize or approve the construction of any onshore or offshore physical structures or
facilities or the undertaking of any work in any navigable waters.
7. Severability
The provisions of this permit are severable. If any provision of this permit, or the application of any provision
of this permit to any circumstances, is held invalid, the application of such provision to other circumstances,
and the remainder of this permit, shall not be affected thereby [NCGS 150B-23].
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8. Duty to Provide Information
The Permittee shall furnish to the Permit Issuing Authority, within a reasonable time, any information which
the Permit Issuing Authority may request to determine whether cause exists for modifying, revoking and
reissuing, or terminating this permit or to determine compliance with this permit. The Permittee shall also
furnish to the Permit Issuing Authority upon request, copies of records required by this permit [40 CFR 122.41
(h)]•
9. Duty to Reapply
If the Permittee wishes to continue an activity regulated by this permit after the expiration date of this permit,
the Permittee must apply for and obtain a new permit [40 CFR 122.41 (b)].
10. Expiration of Permit
The Permittee is not authorized to discharge after the expiration date. In order to receive automatic
authorization to discharge beyond the expiration date, the Permittee shall submit such information, forms, and
fees as are required by the agency authorized to issue permits no later than 180 days prior to the expiration
date. Any Permittee that has not requested renewal at least 180 days prior to expiration, or any Permittee that
does not have a permit after the expiration and has not requested renewal at least 180 days prior to expiration,
will subject the Permittee to enforcement procedures as provided in NCGS 143-215.6 and 33 USC 1251 et. seq.
11. Signatory Requirements
All applications, reports, or information submitted to the Permit Issuing Authority shall be signed and
certified [40 CFR 122.41 (k)].
a. All permit applications shall be signed as follows:
(1) For a corporation: by a responsible corporate officer. For the purpose of this Section, a responsible
corporate officer means: (a) a president, secretary, treasurer or vice president of the corporation in
charge of a principal business function, or any other person who performs similar policy or decision
making functions for the corporation, or (b) the manager of one or more manufacturing, production,
or operating facilities, provided, the manager is authorized to make management decisions which
govern the operation of the regulated facility including having the explicit or implicit duty of making
major capital investment recommendations, and initiating and directing other comprehensive
measures to assure long term environmental compliance with environmental laws and regulations;
the manager can ensure that the necessary systems are established or actions taken to gather complete
and accurate information for permit application requirements; and where authority to sign documents
has been assigned or delegated to the manager in accordance with corporate procedures.
(2) For a partnership or sole proprietorship: by a general partner or the proprietor, respectively; or
(3) For a municipality, State, Federal, or other public agency: by either a principal executive officer or
ranking elected official [40 CFR 122.22].
b. All reports required by the permit and other information requested by the Permit Issuing Authority shall
be signed by a person described in paragraph a. above or by a duly authorized representative of that
person. A person is a duly authorized representative only if:
(1) The authorization is made in writing by a person described above;
(2) The authorization specified either an individual or a position having responsibility for the overall
operation of the regulated facility or activity, such as the position of plant manager, operator of a well
or well field, superintendent, a position of equivalent responsibility, or an individual or position
having overall responsibility for environmental matters for the company. (A duly authorized
representative may thus be either a named individual or any individual occupying a named position.);
and
(3) The written authorization is submitted to the Permit Issuing Authority [40 CFR 122.22]
c. Changes to authorization: If an authorization under paragraph (b) of this section is no longer accurate
because a different individual or position has responsibility for the overall operation of the facility, a new
authorization satisfying the requirements of paragraph (b) of this section must be submitted to the
Director prior to or together with any reports, information, or applications to be signed by an authorized
representative [40 CFR 122.22]
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d. Certification. Any person signing a document under paragraphs a. or b. of this section shall make the
following certification [40 CFR 122.22]. NO OTHER STATEMENTS OF CERTIFICATION WILL BE
ACCEPTED:
"I certifii , under penalty of law, that this document and all attachments were prepared under my direction or
supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the
information submitted. Based on my inquiry of the person or persons who manage the system, or those persons
directly responsible for gathering the information, the information submitted is, to the best of my knowledge and
belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information,
including the possibility of fines and imprisonment for knowing violations."
12. Permit Actions
This permit may be modified, revoked and reissued, or terminated for cause. The filing of a request by the
Permittee for a permit modification, revocation and reissuance, or termination, or a notification of planned
changes or anticipated noncompliance does not stay any permit condition [40 CFR 122.41 (f)].
13. Permit Modification, Revocation and Reissuance, or Termination
The issuance of this permit does not prohibit the permit issuing authority from reopening and modifying the
permit, revoking and reissuing the permit, or terminating the permit as allowed by the laws, rules, and
regulations contained in Title 40, Code of Federal Regulations, Parts 122 and 123; Title 15A of the North
Carolina Administrative Code, Subchapter 2H.0100; and North Carolina General Statute 143-215.1 et. al.
14. Annual Administering and Compliance Monitoring Fee Requirements
The Permittee must pay the annual administering and compliance monitoring fee within thirty days after
being billed by the Division. Failure to pay the fee in a timely manner in accordance with 15A NCAC 2H.0105
(b) (2) may cause this Division to initiate action to revoke the permit.
Section C. Operation and Maintenance of Pollution Controls
Certified Operator
Upon classification of the permitted facility by the Certification Commission, the Permittee shall employ a
certified water pollution control treatment system operator in responsible charge (ORC) of the water pollution
control treatment system. Such operator must hold a certification of the grade equivalent to or greater than the
classification assigned to the water pollution control treatment system by the Certification Commission. The
Permittee must also employ one or more certified Back-up ORCs who possess a currently valid certificate of
the type of the system. Back-up ORCs must possess a grade equal to (or no more than one grade less than) the
grade of the system [15A NCAC 8G.0201].
The ORC of each Class I facility must:
➢ Visit the facility as often as is necessary to insure proper operation of the treatment system; the
treatment facility must be visited at least weekly
➢ Comply with all other conditions of 15A NCAC 8G.0204.
The ORC of each Class II, III and IV facility must:
➢ Visit the facility as often as is necessary to insure proper operation of the treatment system; the
treatment facility must be visited at least five days per week, excluding holidays
➢ Properly manage and document daily operation and maintenance of the facility
➢ Comply with all other conditions of 15A NCAC 8G.0204.
Once the facility is classified, the Permittee shall submit a letter to the Certification Commission designating
the operator in responsible charge:
a. Within 60 calendar days prior to wastewater being introduced into a new system
b. Within 120 calendar days of:
➢ Receiving notification of a change in the classification of the system requiring the designation of a new
ORC and back-up ORC
➢ A vacancy in the position of ORC or back-up ORC.
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2. Proper Operation and Maintenance
The Permittee shall at all times provide the operation and maintenance resources necessary to operate the
existing facilities at optimum efficiency. The Permittee shall at all times properly operate and maintain all
facilities and systems of treatment and control (and related appurtenances) which are installed or used by the
Permittee to achieve compliance with the conditions of this permit. Proper operation and maintenance also
includes adequate laboratory controls and appropriate quality assurance procedures. This provision requires
the Permittee to install and operate backup or auxiliary facilities only when necessary to achieve compliance
with the conditions of the permit [40 CFR 122.41 (e)].
NOTE: Properly and officially designated operators are fully responsible for all proper operation and
maintenance of the facility, and all documentation required thereof, whether acting as a contract operator
[subcontractor] or a member of the Permittee's staff.
3. Need to Halt or Reduce not a Defense
It shall not be a defense for a Permittee in an enforcement action that it would have been necessary to halt or
reduce the permitted activity in order to maintain compliance with the condition of this permit [40 CFR 122.41
(c)]•
4. Bypassing of Treatment Facilities
a. Bypass not exceeding limitations [40 CFR 122.41 (m) (2)]
The Permittee may allow any bypass to occur which does not cause effluent limitations to be exceeded,
but only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject
to the provisions of Paragraphs b. and c. of this section.
b. Notice [40 CFR 122.41 (m) (3)]
(1) Anticipated bypass. If the Permittee knows in advance of the need for a bypass, it shall submit prior
notice, if possible at least ten days before the date of the bypass; including an evaluation of the
anticipated quality and effect of the bypass.
(2) Unanticipated bypass. The Permittee shall submit notice of an unanticipated bypass as required in
Part II. E. 6. (24-hour notice).
c. Prohibition of Bypass
(1) Bypass from the treatment facility is prohibited and the Permit Issuing Authority may take
enforcement action against a Permittee for bypass, unless:
(A) Bypass was unavoidable to prevent loss of life, personal injury or severe property damage;
(B) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities,
retention of untreated wastes or maintenance during normal periods of equipment downtime.
This condition is not satisfied if adequate backup equipment should have been installed in the
exercise of reasonable engineering judgment to prevent a bypass which occurred during normal
periods of equipment downtime or preventive maintenance; and
(C) The Permittee submitted notices as required under Paragraph b. of this section.
(2) Bypass from the collection system is prohibited and the Permit Issuing Authority may take
enforcement action against a Permittee for a bypass as provided in any current or future system -wide
collection system permit associated with the treatment facility.
(3) The Permit Issuing Authority may approve an anticipated bypass, after considering its adverse effects,
if the Permit Issuing Authority determines that it will meet the three conditions listed above in
Paragraph c. (1) of this section.
5. Upsets
a. Effect of an upset [40 CFR 122.41 (n) (2)]:An upset constitutes an affirmative defense to an action brought
for noncompliance with such technology based permit effluent limitations if the requirements of
paragraph b. of this condition are met. No determination made during administrative review of claims
that noncompliance was caused by upset, and before an action for noncompliance, is final administrative
action subject to judicial review.
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b. Conditions necessary for a demonstration of upset: Any Permittee who wishes to establish the
affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs,
or other relevant evidence that:
(1) An upset occurred and that the Permittee can identify the cause(s) of the upset;
(2) The Permittee facility was at the time being properly operated; and
(3) The Permittee submitted notice of the upset as required in Part II. E. 6. (b) of this permit.
(4) The Permittee complied with any remedial measures required under Part II. B. 2. of this permit.
c. Burden of proof [40 CFR 122.41 (n) (4)]: The Permittee seeking to establish the occurrence of an upset has
the burden of proof in any enforcement proceeding.
Removed Substances
Solids, sludges, filter backwash, or other pollutants removed in the course of treatment or control of
wastewaters shall be utilized/disposed of in accordance with NCGS 143-215.1 and in a manner such as to
prevent any pollutant from such materials from entering waters of the State or navigable waters of the United
States. The Permittee shall comply with all existing Federal regulations governing the disposal of sewage
sludge. Upon promulgation of 40 CFR Part 503, any permit issued by the Permit Issuing Authority for the
utilization/disposal of sludge may be reopened and modified, or revoked and reissued, to incorporate
applicable requirements at 40 CFR 503. The Permittee shall comply with applicable 40 CFR 503 Standards for
the Use and Disposal of Sewage Sludge (when promulgated) within the time provided in the regulation, even
if the permit is not modified to incorporate the requirement. The Permittee shall notify the Permit Issuing
Authority of any significant change in its sludge use or disposal practices.
7. Power Failures
The Permittee is responsible for maintaining adequate safeguards (as required by 15A NCAC 2H.0124) to
prevent the discharge of untreated or inadequately treated wastes during electrical power failures either by
means of alternate power sources, standby generators or retention of inadequately treated effluent.
Section D. Monitoring and Records
1. Representative Sampling
Samples collected and measurements taken, as required herein, shall be characteristic of the volume and
nature of the permitted discharge. Samples collected at a frequency less than daily shall be taken on a day and
time that is characteristic of the discharge over the entire period the sample represents. All samples shall be
taken at the monitoring points specified in this permit and, unless otherwise specified, before the effluent joins
or is diluted by any other wastestream, body of water, or substance. Monitoring points shall not be changed
without notification to and the approval of the Permit Issuing Authority [40 CFR 122.41 (j)].
2. Reporting
Monitoring results obtained during the previous month(s) shall be summarized for each month and reported
on a monthly Discharge Monitoring Report (DMR) Form (MR 1, 1.1, 2, 3) or alternative forms approved by the
Director, postmarked no later than the last calendar day of the month following the completed reporting
period.
The first DMR is due on the last day of the month following the issuance of the permit or in the case of a new
facility, on the last day of the month following the commencement of discharge. Duplicate signed copies of
these, and all other reports required herein, shall be submitted to the following address:
NC DENR / Division of Water Quality / Surface Water Protection Section
ATTENTION: Central Files
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
3. Flow Measurements
Appropriate flow measurement devices and methods consistent with accepted scientific practices shall be
selected and used to ensure the accuracy and reliability of measurements of the volume of monitored
discharges. The devices shall be installed, calibrated and maintained to ensure that the accuracy of the
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measurements is consistent with the accepted capability of that type of device. Devices selected shall be
capable of measuring flows with a maximum deviation of less than 10% from the true discharge rates
throughout the range of expected discharge volumes. Flow measurement devices shall be accurately calibrated
at a minimum of once per year and maintained to ensure that the accuracy of the measurements is consistent
with the accepted capability of that type of device. The Director shall approve the flow measurement device
and monitoring location prior to installation.
Once -through condenser cooling water flow monitored by pump logs, or pump hour meters as specified in
Part I of this permit and based on the manufacturer's pump curves shall not be subject to this requirement.
Test Procedures
Laboratories used for sample analysis must be certified by the Division. Permittees should contact the
Division's Laboratory Certification Section (919 733-3908 or http://portal.ncdenr.org/web/wq/lab/cert) for
information regarding laboratory certifications.
Facilities whose personnel are conducting testing of field -certified parameters only must hold the appropriate
field parameter laboratory certifications.
Test procedures for the analysis of pollutants shall conform to the EMC regulations (published pursuant to
NCGS 143-215.63 et. seq.), the Water and Air Quality Reporting Acts, and to regulations published pursuant to
Section 304(g), 33 USC 1314, of the CWA (as amended), and 40 CFR 136; or in the case of sludge use or
disposal, approved under 40 CFR 136, unless otherwise specified in 40 CFR 503, unless other test procedures
have been specified in this permit [40 CFR 122.41].
To meet the intent of the monitoring required by this permit, all test procedures must produce minimum
detection and reporting levels that are below the permit discharge requirements and all data generated must
be reported down to the minimum detection or lower reporting level of the procedure. If no approved
methods are determined capable of achieving minimum detection and reporting levels below permit discharge
requirements, then the most sensitive (method with the lowest possible detection and reporting level)
approved method must be used.
5. Penalties for Tampering
The CWA provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any
monitoring device or method required to be maintained under this permit shall, upon conviction, be punished
by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation,
or by both. If a conviction of a person is for a violation committed after a first conviction of such person under
this paragraph, punishment is a fine of not more than $20,000 per day of violation, or by imprisonment of not
more than 4 years, or both [40 CFR 122.41].
6. Records Retention
Except for records of monitoring information required by this permit related to the Permittee's sewage sludge
use and disposal activities, which shall be retained for a period of at least five years (or longer as required by
40 CFR 503), the Permittee shall retain records of all monitoring information, including:
➢ all calibration and maintenance records
➢ all original strip chart recordings for continuous monitoring instrumentation
➢ copies of all reports required by this permit
➢ copies of all data used to complete the application for this permit
These records or copies shall be maintained for a period of at least 3 years from the date of the sample,
measurement, report or application. This period may be extended by request of the Director at any time [40
CFR 122.41].
7. Recording Results
For each measurement or sample taken pursuant to the requirements of this permit, the Permittee shall record
the following information [40 CFR 122.41]:
a. The date, exact place, and time of sampling or measurements;
b. The individual(s) who performed the sampling or measurements;
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c. The date(s) analyses were performed;
d. The individual(s) who performed the analyses;
e. The analytical techniques or methods used; and
f. The results of such analyses.
8. Inspection and EntrX
The Permittee shall allow the Director, or an authorized representative (including an authorized contractor
acting as a representative of the Director), upon the presentation of credentials and other documents as may be
required by law, to;
a. Enter upon the Permittee's premises where a regulated facility or activity is located or conducted, or
where records must be kept under the conditions of this permit;
b. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this
permit;
C. Inspect at reasonable times any facilities, equipment (including monitoring and control equipment),
practices, or operations regulated or required under this permit; and
d. Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise
authorized by the CWA, any substances or parameters at any location [40 CFR 122.41 (i)].
Section E Reporting Requirements
1. Change in Discharge
All discharges authorized herein shall be consistent with the terms and conditions of this permit. The
discharge of any pollutant identified in this permit more frequently than or at a level in excess of that
authorized shall constitute a violation of the permit.
2. Planned Changes
The Permittee shall give notice to the Director as soon as possible of any planned physical alterations or
additions to the permitted facility [40 CFR 122.41 (1)]. Notice is required only when:
a. The alteration or addition to a permitted facility may meet one of the criteria for new sources at 40 CFR
122.29 (b); or
b. The alteration or addition could significantly change the nature or increase the quantity of pollutants
discharged. This notification applies to pollutants subject neither to effluent limitations in the permit, nor
to notification requirements under 40 CFR 122.42 (a) (1).
c. The alteration or addition results in a significant change in the Permittee's sludge use or disposal
practices, and such alteration, addition or change may justify the application of permit conditions that are
different from or absent in the existing permit, including notification of additional use or disposal sites not
reported during the permit application process or not reported pursuant to an approved land application
plan.
3. Anticipated Noncompliance
The Permittee shall give advance notice to the Director of any planned changes to the permitted facility or
other activities that might result in noncompliance with the permit [40 CFR 122.41 (1) (2)].
4. Transfers
This permit is not transferable to any person without approval from the Director. The Director may require
modification or revocation and reissuance of the permit to document the change of ownership. Any such
action may incorporate other requirements as may be necessary under the CWA [40 CFR 122.41 (1) (3)].
5. Monitoring Reports
Monitoring results shall be reported at the intervals specified elsewhere in this permit [40 CFR 122.41 (1) (4)].
a. Monitoring results must be reported on a Discharge Monitoring Report (DMR) (See Part II. D. 2) or forms
provided by the Director for reporting results of monitoring of sludge use or disposal practices.
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b. If the Permittee monitors any pollutant more frequently than required by this permit, the results of such
monitoring shall be included in the calculation and reporting of the data submitted on the DMR.
6. Twenty-four Hour Reporting
a. The Permittee shall report to the Director or the appropriate Regional Office any noncompliance that
potentially threatens public health or the environment. Any information shall be provided orally within 24
hours from the time the Permittee became aware of the circumstances. A written submission shall also be
provided within 5 days of the time the Permittee becomes aware of the circumstances. The written
submission shall contain a description of the noncompliance, and its cause; the period of noncompliance,
including exact dates and times, and if the noncompliance has not been corrected, the anticipated time it is
expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the
noncompliance [40 CFR 122.41 (1) (6)].
b. The Director may waive the written report on a case -by -case basis for reports under this section if the oral
report has been received within 24 hours.
c. Occurrences outside normal business hours may also be reported to the Division's Emergency Response
personnel at (800) 662-7956, (800) 858-0368 or (919) 733-3300.
7. Other Noncompliance
The Permittee shall report all instances of noncompliance not reported under Part II. E. 5 and 6. of this permit
at the time monitoring reports are submitted. The reports shall contain the information listed in Part II. E. 6. of
this permit [40 CFR 122.41 (1) (7)].
8. Other Information
Where the Permittee becomes aware that it failed to submit any relevant facts in a permit application, or
submitted incorrect information in a permit application or in any report to the Director, it shall promptly
submit such facts or information [40 CFR 122.41 (1) (8)].
9. Noncompliance Notification
The Permittee shall report by telephone to either the central office or the appropriate regional office of the
Division as soon as possible, but in no case more than 24 hours or on the next working day following the
occurrence or first knowledge of the occurrence of any of the following:
a. Any occurrence at the water pollution control facility which results in the discharge of significant amounts
of wastes which are abnormal in quantity or characteristic, such as the dumping of the contents of a
sludge digester; the known passage of a slug of hazardous substance through the facility; or any other
unusual circumstances.
b. Any process unit failure, due to known or unknown reasons, that render the facility incapable of adequate
wastewater treatment such as mechanical or electrical failures of pumps, aerators, compressors, etc.
c. Any failure of a pumping station, sewer line, or treatment facility resulting in a by-pass without treatment
of all or any portion of the influent to such station or facility.
Persons reporting such occurrences by telephone shall also file a written report within 5 days following first
knowledge of the occurrence.
10. Availability of Reports
Except for data determined to be confidential under NCGS 143-215.3 (a)(2) or Section 308 of the Federal Act, 33
USC 1318, all reports prepared in accordance with the terms shall be available for public inspection at the
offices of the Division. As required by the Act, effluent data shall not be considered confidential. Knowingly
making any false statement on any such report may result in the imposition of criminal penalties as provided
for in NCGS 143-215.1(b)(2) or in Section 309 of the Federal Act.
11. Penalties for Falsification of Reports
The CWA provides that any person who knowingly makes any false statement, representation, or certification
in any record or other document submitted or required to be maintained under this permit, including
monitoring reports or reports of compliance or noncompliance shall, upon conviction, be punished by a fine of
not more than $25,000 per violation, or by imprisonment for not more than two years per violation, or by both
[40 CFR 122.41].
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12. Annual Performance Reports
Permittees who own or operate facilities that collect or treat municipal or domestic waste shall provide an
annual report to the Permit Issuing Authority and to the users/customers served by the Permittee (NCGS 143-
215.1C). The report shall summarize the performance of the collection or treatment system, as well as the
extent to which the facility was compliant with applicable Federal or State laws, regulations and rules
pertaining to water quality. The report shall be provided no later than sixty days after the end of the calendar
or fiscal year, depending upon which annual period is used for evaluation.
The report shall be sent to:
NC DENR / Division of Water Quality / Surface Water Protection Section
ATTENTION: Central Files
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
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PART III
OTHER REQUIREMENTS
Section A. Construction
The Permittee shall not commence construction of wastewater treatment facilities, nor add to the plant's treatment
capacity, nor change the treatment process(es) utilized at the treatment plant unless the Division has issued an
Authorization to Construct (AtC) permit. Issuance of an AtC will not occur until Final Plans and Specifications for
the proposed construction have been submitted by the Permittee and approved by the Division.
Section B. Groundwater Monitoring
The Permittee shall, upon written notice from the Director, conduct groundwater monitoring as may be required
to determine the compliance of this NPDES permitted facility with the current groundwater standards.
Section C. Changes in Discharges of Toxic Substances
The Permittee shall notify the Permit Issuing Authority as soon as it knows or has reason to believe (40 CFR
122.42):
a. That any activity has occurred or will occur which would result in the discharge, on a routine or frequent
basis, of any toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the
following "notification levels";
(1) One hundred micrograms per liter (100 pg/L);
(2) Two hundred micrograms per liter (200 Wg/L) for acrolein and acrylonitrile; five hundred micrograms per
liter (500 Wg/L) for 2.4-dinitrophenol and for 2-methyl-4.6-dinitrophenol; and one milligram per liter (1
mg/L) for antimony;
(3) Five times the maximum concentration value reported for that pollutant in the permit application.
b. That any activity has occurred or will occur which would result in any discharge, on a non -routine or
infrequent basis, of a toxic pollutant which is not limited in the permit, if that discharge will exceed the highest
of the following "notification levels";
(1) Five hundred micrograms per liter (500 ug/L);
(2) One milligram per liter (1 mg/L) for antimony;
(3) Ten times the maximum concentration value reported for that pollutant in the permit application.
Section D. Evaluation of Wastewater Discharge Alternatives
The Permittee shall evaluate all wastewater disposal alternatives and pursue the most environmentally sound
alternative of the reasonably cost effective alternatives. If the facility is in substantial non-compliance with the
terms and conditions of the NPDES permit or governing rules, regulations or laws, the Permittee shall submit a
report in such form and detail as required by the Division evaluating these alternatives and a plan of action within
60 days of notification by the Division.
Section E. Facility Closure Requirements
The Permittee must notify the Division at least 90 days prior to the closure of any wastewater treatment system
covered by this permit. The Division may require specific measures during deactivation of the system to prevent
adverse impacts to waters of the State. This permit cannot be rescinded while any activities requiring this permit
continue at the permitted facility.
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PART IV
SPECIAL CONDITIONS FOR MUNICIPAL FACILITIES
Section A. Definitions
In addition to the definitions in Part II of this permit, the following definitions apply to municipal facilities:
Indirect Discharge or Industrial User
Any non -domestic source that discharges wastewater containing pollutants into a POTW regulated under section
307(b), (c) or (d) of the CWA. [40 CFR 403.3 (i) and (j)]
Tn tPrfPrpn cp
Inhibition or disruption of the POTW treatment processes; operations; or its sludge process, use, or disposal which
causes or contributes to a violation of any requirement of the POTW's NPDES Permit or prevents sewage sludge
use or disposal in compliance with specified applicable State and Federal statutes, regulations, or permits. [15A
NCAC 2H.0903 (b) (13)]
Pass Through
A discharge which exits the POTW into waters of the State in quantities or concentrations which, alone or with
discharges from other sources, causes a violation, including an increase in the magnitude or duration of a
violation, of the POTW's NPDES permit, or of an instream water quality standard. [15A NCAC 2H.0903 (b) (23)]
Publicly Owned Treatment Works (POTW)
A treatment works as defined by Section 212 of the CWA, owned by a State or local government entity. This
definition includes any devices and systems used in the storage, treatment, recycling and reclamation of municipal
sewage or industrial wastes of a liquid nature. It also includes sewers, pipes, and other conveyances only if they
convey wastewater to a POTW. The term also means the local government entity, or municipality, as defined in
section 502(4) of the CWA, which has jurisdiction over indirect discharges to and the discharges from such a
treatment works. [15A NCAC 2H.0903 (b) (27)]
"Significant Industrial User" or "SIU"
An industrial user that discharges wastewater into a publicly owned treatment works and that [15A NCAC
2H.0903 (b) (34)]:
(a) discharges an average of 25,000 gallons or more per day of process wastewater to the POTW (excluding
sanitary, noncontact cooling and boiler blowdown wastewaters) or;
(b) contributes more than 5 percent of the design flow of the POTW treatment plant or more than 5 percent of the
maximum allowable headworks loading of the POTW treatment plant for any pollutant of concern, or;
(c) is required to meet a national categorical pretreatment standard, or;
(d) is, regardless of Parts (a), (b), and (c) of this definition, otherwise determined by the POTW, the Division, or
the EPA to have a reasonable potential for adversely affecting the POTW's operation or for violating any
pretreatment standard or requirement or POTW's receiving stream standard, or to limit the POTW's sludge
disposal options.
Section B. Publicly Owned Treatment Works (POTWs)
All POTWs are required to prevent the introduction of pollutants into the POTW which will interfere with the
operation of the POTW, including interference with its use or disposal of municipal sludge, or pass through the
treatment works or otherwise be incompatible with such treatment works. [40 CFR 403.2]
All POTWs must provide adequate notice to the Director of the following [40 CFR 122.42 (b)]:
1. Any new introduction of pollutants into the POTW from an indirect discharger, regardless of the means of
transport, which would be subject to section 301 or 306 of CWA if it were directly discharging those
pollutants; and
2. Any substantial change in the volume or character of pollutants being introduced by an indirect discharger as
influent to that POTW at the time of issuance of the permit.
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3. For purposes of this paragraph, adequate notice shall include information on (1) the quality and quantity of
effluent introduced into the POTW, and (2) any anticipated impact that may result from the change of the
quantity or quality of effluent to be discharged from the POTW.
Section C. Municipal Control of Pollutants from Industrial Users
Effluent limitations are listed in Part I of this permit. Other pollutants attributable to inputs from industries
using the municipal system may be present in the Permittee's discharge. At such time as sufficient information
becomes available to establish limitations for such pollutants, this permit may be revised to specify effluent
limitations for any or all of such other pollutants in accordance with best practicable technology or water
quality standards.
Prohibited Discharges
a. Under no circumstances shall the Permittee allow introduction of pollutants or discharges into the waste
treatment system or waste collection system which cause or contribute to Pass Through or Interference as
defined in 15A NCAC 2H.0900 and 40 CFR 403. [40 CFR 403.5 (a) (1)]
b. Under no circumstances shall the Permittee allow introduction of the following wastes in the waste
treatment or waste collection system [40 CFR 403.5 (b)]:
(1) Pollutants which create a fire or explosion hazard in the POTW, including, but not limited to,
wastestreams with a closed cup flashpoint of less than 140 degrees Fahrenheit or 60 degrees
Centigrade using the test methods specified in 40 CFR 261.21;
(2) Pollutants which cause corrosive structural damage to the POTW, but in no case discharges with pH
lower than 5.0, unless the works is specifically designed to accommodate such discharges;
(3) Solid or viscous pollutants in amounts which cause obstruction to the flow in the POTW resulting in
Interference;
(4) Any pollutant, including oxygen demanding pollutants (BOD, etc.) released in a Discharge at a flow
rate and/or pollutant concentration which will cause Interference with the POTW;
(5) Heat in amounts which will inhibit biological activity in the POTW resulting in Interference, but in no
case heat in such quantities that the temperature at the POTW Treatment Plant exceeds 400C (104°F)
unless the Division, upon request of the POTW, approves alternate temperature limits;
(6) Petroleum oil, non -biodegradable cutting oil, or products of mineral oil origin in amounts that will
cause Interference or Pass Through;
(7) Pollutants which result in the presence of toxic gases, vapors, or fumes within the POTW in a quantity
that may cause acute worker health and safety problems;
(8) Any trucked or hauled pollutants, except at discharge points designated by the POTW.
c. The Permittee shall investigate the source of all discharges into the POTW, including slug loads and other
unusual discharges, which have the potential to adversely impact the permittee's Pretreatment Program
and/or the operation of the POTW.
The Permittee shall report such discharges into the POTW to the Director or the appropriate Regional
Office. Any information shall be provided orally within 24 hours from the time the Permittee became
aware of the circumstances. A written submission shall also be provided within 5 days of the time the
Permittee becomes aware of the circumstances. The written submission shall contain a description of the
discharge, the investigation into possible sources; the period of the discharge, including exact dates and
times; and if the discharge has not ceased, the anticipated time it is expected to continue; and steps taken
or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance,
3. With regard to the effluent requirements listed in Part I of this permit, it may be necessary for the Permittee to
supplement the requirements of the Federal Pretreatment Standards (40 CFR, Part 403) to ensure compliance
by the Permittee with all applicable effluent limitations. Such actions by the Permittee may be necessary
regarding some or all of the industries discharging to the municipal system.
4. The Permittee shall require any Industrial User discharging to the POTW to meet Federal Pretreatment
Standards developed under Section 307(b) of the Act as amended (which includes categorical standards and
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specific local limits, best management practices and narrative requirements). Prior to accepting wastewater
from any Significant Industrial User, the Permittee shall either develop and submit to the Division a new
Pretreatment Program or a modification of an existing Pretreatment Program, for approval as required under
section D below as well as 15A NCAC 2H.0907 (a) and (b). [40 CFR 122.44 (j) (2)]
5. This permit shall be modified, or alternatively, revoked and reissued, to incorporate or modify an approved
POTW Pretreatment Program or to include a compliance schedule for the development of a POTW
Pretreatment Program as required under Section 402 (b) (8) of the CWA and implementing regulations or by
the requirements of the approved State pretreatment program, as appropriate.
Section D. Pretreatment Programs
Under authority of sections 307 (b) and (c) and 402 (b) (8) of the CWA and implementing regulations 40 CFR 403,
North Carolina General Statute 143-215.3 (14) and implementing regulations 15A NCAC 2H.0900, and in
accordance with the approved pretreatment program, all provisions and regulations contained and referenced in
the Pretreatment Program Submittal are an enforceable part of this permit. [40 CFR 122.44 (j) (2)]
The Permittee shall operate its approved pretreatment program in accordance with Section 402 (b) (8) of the CWA,
40 CFR 403, 15A NCAC 2H.0900, and the legal authorities, policies, procedures, and financial provisions contained
in its pretreatment program submission and Division approved modifications thereof. Such operation shall
include but is not limited to the implementation of the following conditions and requirements. Terms not defined
in Part II or Part IV of this permit are as defined in 15A NCAC 2H.0903 and 40 CFR 403.3.
1. Sewer Use Ordinance (SUO)
The Permittee shall maintain adequate legal authority to implement its approved pretreatment program. [15A
NCAC 2H.0905 and .0906; 40 CFR 403.8 (0 (1) and 403.9 ( b) (1), (2)]
2. Industrial Waste Survey (IWS)
The permittee shall implement an IWS consisting of the survey of users of the POTW, as required by 40 CFR
403.8 (0 (2) (i-iii) and 15A NCAC 2H.0905 [also 40 CFR 122.44 (j) (1)], including identification of all industrial
users that may have an impact on the POTW and the character and amount of pollutants contributed to the
POTW by these industrial users and identification of those industrial users meeting the definition of SIU. The
Permittee shall submit a summary of its IWS activities to the Division at least once every five years, and as
required by the Division. The IWS submission shall include a summary of any investigations conducted under
paragraph C.2.c. of this Part.
3. Monitoring Plan
The Permittee shall implement a Division -approved Monitoring Plan for the collection of facility specific data
to be used in a wastewater treatment plant Headworks Analysis (HWA) for the development of specific
pretreatment local limits. Effluent data from the Plan shall be reported on the DMRs (as required by Part II,
Section D, and Section E.5.). [15A NCAC 2H.0906 (b) (2) and .0905]
4. Headworks Analysis (HWA) and Local Limits
The Permittee shall obtain Division approval of a HWA at least once every five years, and as required by the
Division. Within 180 days of the effective date of this permit (or any subsequent permit modification) the
Permittee shall submit to the Division a written technical evaluation of the need to revise local limits (i.e., an
updated HWA or documentation of why one is not needed) [40 CFR 122.44]. The Permittee shall develop, in
accordance with 40 CFR 403.5 (c) and 15A NCAC 2H.0909, specific Local Limits to implement the prohibitions
listed in 40 CFR 403.5 (a) and (b) and 15A NCAC 2H.0909. Pursuant to 40 CFR 403.5, local limits are
enforceable Pretreatment Standards as defined by 40 CFR 403.3(1).
Industrial User Pretreatment Permits (IUP) & Allocation Tables
In accordance with NCGS 143-215.1, the Permittee shall issue to all significant industrial users, permits for
operation of pretreatment equipment and discharge to the Permittee's treatment works. These permits shall
contain limitations, sampling protocols, reporting requirements, appropriate standard and special conditions,
and compliance schedules as necessary for the installation of treatment and control technologies to assure that
their wastewater discharge will meet all applicable pretreatment standards and requirements. The Permittee
shall maintain a current Allocation Table (AT) which summarizes the results of the HWA and the limits from
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all IUPs. Permitted IUP loadings for .each parameter cannot exceed the treatment capacity of the POTW as
determined by the HWA. [15A NCAC 2H.0909, .0916, and .0917 40 CFR 403.5, 403.8 (f) (1) (iii.); NCGS 143-
215.67 (a)]
6. Authorization' to Construct WC)
The Permittee shall ensure that an Authorization to Construct permit (AtQ is 'issued to all applicable
industrial users for the construction or modification of any pretreatment facility. Prior to the issuance of an
AtC, the proposed pretreatment facility and treatment process must be evaluated for its capacity to comply
with all Industrial User Pretreatment Permit (IUP) limitations. [15A NCAC 2H.0906 (b) (6) and .0905; NCGS
143-215.1 (a) (8)]
7. POTW Inspection & Monitoring of their IUs
The Permittee shall conduct inspection, surveillance, and monitoring activities as described in its Division
approved pretreatment program in order to determine, independent of information supplied by industrial
users, compliance with applicable pretreatment standards. [15A NCAC 2H .0908(d); 40 CFR 403.8(f)(2)(v)j
The Permittee must:
a. Inspect, all Significant Industrial Users (STUs) at least once per calendar year; and
b. Sample all Significant Industrial Users (SlUs) at least twice per calendar year for all permit -limited
pollutants, once during the period from January 1 through June 30 and once during the period from July 1
through December 31, except for organic compounds which shall be sampled at least once per calendar
year; For the, purposes of this paragraph, "organic compounds" means the types of compounds listed in
40 CFR 136.3(a), Tables IC, ID, and IF, as amended.
8. IU Self Monitoring and Reporting
The Permittee shall require all industrial users to comply with the applicable monitoring and reporting
requirements outlined in the Division -approved pretreatment program, the industry's pretreatment permit, or
in 15A NCAC 2H .0908. [15A NCAC 2H .0906(b)(4) and .0905; 40 CFR 403.8(f)(1)(v) and (2)(iii); 40 CFR
122.44(j)(2) and 40 CFR 403.12]
9. Enforcement Response Plan (ERP)
The Permittee shall enforce and obtain appropriate remedies for violations of all pretreatment standards
promulgated pursuant to section 307(b) and (c) of the Clean Water Act (40 CFR 405 et seq.), prohibitive
discharge standards as set forth in 40 CFR 403.5 and 15A NCAC 2H .0909, and specific local limitations. All
remedies, enforcement actions and other, shall be consistent with the Enforcement Response Plan (ERP)
approved by the Division. [15A NCAC 2H .0906(b)(7) and .0905; 40 CFR 403.8(f)(5)]
10. Pretreatment Annual Reports (PAR)
The. Permittee shall report to the Division in accordance with 15A NCAC '2H .0908. In lieu of submitting
annual reports, Modified Pretreatment Programs developed under 15A NCAC 2H .0904 (b) may be required to
submit a partial annual report or to meet with Division personnel periodically to discuss enforcement of
pretreatment requirements and other pretreatment implementation issues.
For all other active pretreatment programs, the Permittee shall submit two copies of a Pretreatment Annual
Report (PAR) describing its pretreatment activities over the previous twelve months to the Division at the
following address:
NC DENR / Division of' Water Quality ,/ Surface Water Protection Section
Pretreatment, Emergency Response, and Collection Systems (PERCS) Unit
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
These reports shall be submitted according to a schedule established by the Director and shall contain the
following:
a.) Narrative
A brief discussion of reasons for, status of, and actions taken for all Significant Industrial Users (SIUs) in
Significant'Non-Compliance (SNC);
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b.) Pretreatment Program Summary (PPS)
A pretreatment program summary (PPS) on specific forms approved by the Division;
c.) Significant Non -Compliance Report (SNCR)
The nature of the violations and the actions taken or proposed to correct the violations on specific forms
approved by the Division;
d.) Industrial Data Summary Forms (IDSF)
Monitoring data from samples collected by both the POTW and the Significant Industrial User (SIU) in
SNC. These analytical results must be reported on Industrial Data Summary Forms (IDSF) or other specific,
format approved by the Division;.
e.,) Other Information
Copies of the POTW's allocation table, new or modified enforcement compliance schedules, public notice
of SIUs in SNC, and any other information, upon request, which in the opinion of the Director is needed to
determine compliance with the pretreatment implementation requirements of this permit;
1L Public Notice
The Permittee shall publish annually a list. of Significant Industrial Users (SIUs) that were in Significant Non -
Compliance (SNC) as defined in the Permittee's Division -approved Sewer Use Ordinance with applicable
pretreatment requirements and standards during the previous twelve month period. This list shall be
published within four months of the applicable twelve-month period. [15A NCAC 2H .0903(b)(35), .0908(b)(5)
and .0905and 40 CFR 403.8(f)(2)(viii)]
12. Record Keeping
The Permittee shall retain for a minimum of three years records of monitoring activities and results, along
with support information including general records, water quality_ records, and records of industrial impact on
the POTW. [15A NCAC 2H .0908(f); 40 CFR 403.12(o)]
13. Funding and Financial Report
The Permittee shall maintain adequate funding and staffing levels to accomplish the objectives of its approved
pretreatment program. [15A NCAC 2H .0906(a) and .0905; 40 CFR 403.8(f)(3), 403.9(b)(3)]
14. Modification to Pretreatment Programs
Modifications to the approved pretreatment program including but not limited to local limits modifications,
POTW monitoring of their Significant Industrial Users (SIUs), and Monitoring Plan modifications, shall be
considered a permit modification and shall be governed by 40 CFR 403.18,15 NCAC 2H .0114 and 15A NCAC
2H .0907.
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Mr. H. Belvin Hall
Buncombe County Board of Education
167 Craven Street
Asheville, North Carolina 28806
Dear Mr. Hall:
ft Michael F. Easley, Governor
State of North Carolina
William G. Ross, Jr., Secretary
Department of Environment and Natural Resources
-- ~: -Alan W Klimek, P.E., Director
Division,'of Water Quality
November 14, 2005 N OV
AfuP.T`=r,)h.LITY ',:)Cr`v�i�i``1
Subject: NPDES PERMIT ISSUANCE
Permit Number NCO066788
Fairview Elementary School
Buncombe County
Division personnel have reviewed and approved your application for renewal of the subject
permit. Accordingly, we are forwarding the attached final NPDES discharge permit. This permit is
issued pursuant to the requirements of North Carolina General Statute 143-215.1 and the
Memorandum of Agreement between North Carolina and the U.S. Environmental Protection
Agency dated May 9, 1994 (or as subsequently amended).
If any parts, measurement frequencies or sampling requirements contained in this permit are
unacceptable to you, you have the right to an adjudicatory hearing upon written request within
thirty (30) days following receipt of this letter. This request must be in the form of a written
petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the
Office of Administrative Hearings (6714 Mail Service Center, Raleigh, North Carolina 27699-
6714). Unless such demand is made, this permit shall be final and binding.
Please take notice that this permit is not transferable. This permit does not affect the legal
requirements to obtain other permits which may be required by the Division of Water Quality or
permits required by the Division of Land Resources, Coastal Area Management Act, or any other
Federal or Local governmental permits which may be required.
If you have any questions or need additional information, please do not hesitate to contact
Maureen Crawford of my staff at (919) 733-5083, extension 538.
Sincerely,
Alan W. Klimek, P.E.
Director, Division of Water Quality
cc: Central Files
NPDES Unit Files
Fsheviile_Regional Office
1617 MAIL SERVICE CENTER, RALEIGH, NORTH CAROLINA 27699-1617 -TELEPHONE 919-733-5083/FAX 919-733-0719
VISIT US ON THE WEB AT http://h2o.enr.state.nc.us/NPDES
Permit NCO066788
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
TO DISCHARGE WASTEWATER UNDER THE
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
In compliance with the provisions of North Carolina General Statute 143-215.1, other lawful standards
and regulations promulgated and adopted by the North Carolina Environmental Management
Commission, and the Federal Water Pollution Control Act, as amended,
Buncombe County Schools
is hereby authorized to discharge wastewater from a facility located at the
Fairview Elementary School WWTP
1355 Charlotte Highway
U.S. Highway 74 @ NCSR 2800
. I northwest of Fairview
Buncombe County
to receiving waters designated as Cane Creek in the French Broad River Basin in accordance with
effluent limitations, monitoring requirements, and other conditions set forth in Parts I, II, III and IV
hereof.
This permit shall become effective January 1, 2006.
This permit and authorization to discharge shall expire at midnight on December 31, 2010.
Signed this day November 14, 2005.
k&C % Alan W. Klimek, P.E., Di ector
Division of Water Quality .
By Authority of the Environmental Management Commission
.0
Permit NCO066788
A. (1.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS — FINAL
During the period beginning January 1, 2006 and lasting until expiration, the Permittee is authorized to
discharge from outfall 001. Such discharges shall be limited and monitored by the Permittee as
specified below:
Flow
0.011 MGD
Weekly
Instantaneous
Influent or Effluent
BOD, 5-day (20°C)
30.0 mg/L 45.0 m
Weekly
Grab
Effluent
Total Sus ended Residue
30.0 mg/L 45.0 mg/L
Weekly
Grab
Effluent
NH3 as N
2/Month
Grab
Effluent
Fecal Coliform (geometric
mean
200 / 100 nil 400 / 100 ml
Weekly
Grab
Effluent
Total Residual Chlorine
28 µg/L
2/Week
Grab
Effluent
Temperature (°C)
Weekly
Grab
Effluent
Hl
Weekly
Grab
Effluent
Footnotes:
1. The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units.
THERE SHALL BE NO DISCHARGE OF FLOATING SOLIDS OR VISIBLE FOAM IN OTHER THAN TRACE AMOUNTS.
Permit NC0066788
SUPPLEMENT TO PERMIT COVER SHEET
All previous NPDES Permits issued to this facility, whether for operation or discharge are hereby
revoked, and as of this issuance, any previously issued permit bearing this number is no longer
effective. Therefore, the exclusive authority to operate and discharge from this facility arises under the
permit conditions, requirements, terms, and provisions included herein.
Buncombe County Schools is hereby authorized to:
1. Continue to operate an existing 0.011 MGD wastewater treatment facility with the following
components:
♦ Equalization basin
♦ Influent pumps
♦ Extended aeration package treatment system
♦ Chlorination and dechlorination equipment
♦ Flow recorder
♦ Aerated sludge holding tank
This facility is located at the Fairview Elementary School WWTP on U.S. Highway 74 @ NCSR
2800 northwest of Fairview in Buncombe County.
2. Discharge from said treatment works at the location specified on the attached map into Cane Creek,
classified C-Trout waters in the French Broad River Basin.
4
P
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
June 10, 2010
R BELVIN HALL
ASSISTANT DIRECTOR - MAINTENANCE
BUNCOMBE COUNTY PUBLIC SCHOOLS
175 BINGHAM ROAD
ASHEVILLE NC 28806
Dee Freeman
Secretary
Subject: Receipt of permit renewal application
NPDES Permit NCO066788
Fairview Elementary School
Buncombe County
Dear Mr. Hall:
The NPDES Unit received your permit renewal application on May 21, 2010. A member of the NPDES
Unit will review your application. They will contact you if additional information is required to complete your
permit renewal. You should expect to receive a draft permit approximately 30-45 days before your existing permit
expires.
If you have any additional questions concerning renewal of the subject permit, please contact Maureen
Scardina at (919) 807-6388.
Sincerely,
Dina Sprinkle
Point Source
cc: CENTRAL FILES
A�s`heville-.Regional Surface Water Protection
NPDES Unit
1617 Mail Service Center, Raleigh, North Carolina 27699-1617
Location: 512 k Salisbury St, Raleigh, North Carolina 27604
Phone: 919-807-6300 \ FAX: 919-807-6492 \ Customer Service: 1-877-623-6748
Internet: www.ncwaterqualiV.org
An Equal Opportunity l Affirmative Action Employer
E E 0 �,
f . JUN 1 4 2010
ti
4
y WATER QUALITY SECTION
ASHEVILLE REGIONAL OFFICE
r
North Carol.i.na
ALIVPDES APPLICATION - FORM D
For privately owned treatment systems treating 100% domestic wastewaters <1.0 MGD
Mail the complete application to:
N. C. DENR / Division of Water Quality / NPDES Unit
16.17 Mail Service Center, Raleigh, NC 27699-1617
NPDES Permit 000066788
If you are completing this form in computer use the TAB key or the up - down arrows to move from one
field to the next. To check the boxes, click your.mouse on top of the box. Otherwise, please print or type.
1. Contact Information: -
Owner Name Buncombe County Board of Education
Facility Name Fairview Elementary School
Mailing Address 175 Bingham Road
City Asheville
State. / Zip Code NC 28806
Telephone Number (828)232-4244 -
-Fax Number (828)232-4249
e-mail Address -
2. Location of facility producing discharge:
Check here if same- address as above ❑
Street Address or State Road 1355 Charlotte Highway IN. -
City Fairview Nay c
State / Zip Code NC 28730
County Buncombe POINT SOURCE BRANCH
3. Operator Information:
Name of the firm, public organization or other entity that operates the facility. (Note that this is not
referring to the Operator in Responsible Charge or ORC)
Name Buncombe County Board of Education
Mailing Address 175 Bingham Road
City Asheville
State / Zip Code NC 28806
Telephone Number (828)232-4244
Fax Number (828)232-4249
1 of 3 Form-D 05/08
B.KIDES APPLICATION - FORM D
For privately -owned -treatment systems treating.100% domestic wastewaters <1.0 MGD
4. Description of wastewater:
Facility Generating Wastewater(check all that applyr
Industrial ❑ Number of Employees
Commercial ❑ Number of Employees
Residential ❑ Number -of Homes
School X Number of Students/Staff 743
Other ❑ Explain:
Describe the source(s) of wastewater (example: subdivision, mobile home park, shopping centers,
restaurants, etc.):. ,
Educational Facility
Population served: 743
S. Type of collection system
X Separate (sanitary sewer only)
❑ Combined (storm sewer and sanitary sewer)
6. Outfall Information:
Number of separate discharge points 1
Outfall Identification number(s) 001
Is the outfall equipped with a diffuser? ❑ Yes X No
7. `Name of receiving stream(s) (Provide a map showing the exact location of each outfallj
Cane Creek
S. Frequency of Discharge: X Continuous ❑ Intermittent
If intermittent:
Days per week discharge occurs: Duration:
9. Describe the treatment system
List all installed components, including capacities, provide design removal for BOD, TSS, nitrogen and
phosphorus. If the space provided is not sufficient, attach the description of the treatment system in a
separate sheet of paper.
Fairview Elementary School wastewater treatment system is a Class II 0.011 MGD
extended aeration package treatment plant with: influent pumps, equalization basin,
aerated sludge holding tank, chlorination and dechlorination equipment, flow meter and
standby generator.
2 of 3 Form-D 05/08
i.. DES APPLICATION - FORM ID__
For privately owned. treatment systems treating 100% domestic wastewaters <1.0.MGD
10. Flow Information:
Treatment Plant Design flow 0.011 MGD
Annual Average -daily flow 0.010 MGD (for the previous 3 years)
Maximum daily flow 0.011 MGD (for the previous 3 years)
11. Is_ this facility located on Indian country?
❑ Yes X No
12.-Effluent Data
Provide data for the parameters listed. Fecal Coliform, Temperature and pH shall be grab samples, for all other
parameters 24hour composite sampling shall be used. If more than one analysis is reported, report;daily maximum
and monthly average. If only, one analysis is reported; report as daily maximum.
Parameter
Daily
Maximum
Monthly
Average
Units of
Measurement
Biochemical Oxygen Demand (SODS)
17.4
10.2
mg/l
Fecal Coliform.
99.3
6.4
col/ 100 ml
Total Suspended Solids
16.3
10.3
mg/1
Temperature
19.4
17.2
O C
pH _
6.-9
6.7
standard units
13. List all permits, construction approvals and/or applications:
Type Permit Number Type -.
Hazardous Waste (RCRA) NESHAPS (CAA)
UIC (SDWA) Ocean Dumping (MPRSA)
NPDES NCO066788 Dredge or fill (Section 404 or CWA)
PSD (CAA) Other
Non -attainment program (CAA)
Permit Number
14. APPLICANT CERTIFICATION
I certify that I am familiar with the information contained in the application and that to the
best of my knowledge and belief such information is true, complete, and accurate.
/1s4-- D-orcA t lt4r,L/k,
Printed name of Person Signing Title
s;—/d' /O
Signature of Applicant Date
North Carolina General Statute 143-215.6 (b)(2) states: Any person who knowingly makes any false statement representation, or certification in any
application, record, report, plan, or other document files or required to be maintained under Article 21 or regulations of the Environmental Management -
Commission implementing that Article, or who falsifies, tampers with, or knowingly renders inaccurate any recording or monitoring device or method
required to be operated or maintained under Article 21 or regulations of the Environmental Management Commission 'implementing that Article, shall be
guilty of a misdemeanor punishable by a fine not to exceed $25,000, or by imprisonment not to exceed six months, or by both. (18 U.S.C. Section 1001
provides a punishment by a fine,of not more than $25,000 or imprisonment not more than 5 years, or both, for a similar offense.)
3 of 3 Form-D 05/08
_RP _.:
S.v-stems :::. --_ www.rpbsystem
s.com
P.O. Box 1325 • Asheville, NC 28802
Construction Services • Contract Operations • Maintenance ,Y (828) 251-1900 • (828) 251-1945 Fax
May 12, 2010
Mr. Belvin. Hall
Buncombe Schools
175 Bingham.Road
Asheville, NC- 28806
Re: Sludge- Hauling for Buncombe, County School Treatment'Plants
Belvin,
This letter is per our discussion to_ clarify your sludge, management plan for your
schools.treatment plants as required for your permit renewals.
Currently -we utilize Mikes'Lusk Septic Hauling -who has an agreement with MSD --
of Buncombe County to dispose -of stabilized sludge at the receiving station _
located at the MSD facility in Asheville. Mike hauls sludge for the following
facilities:
- Buncombe County Schools -North Buncombe High School NC0061.182 .
Buncombe County Schools -North Buncombe Elementary School NCO073814
Buncombe County Schools.; Fairview Elementary. School NCO066796
Buncombe=County Schools Leicester ElementarySchool N 00.6,678° .
Buncombe County Schools -Cane Creek Elementary School . NC0086436
1 trust -this will be sufficient for regulatory review of -your permit renewals. If you
have anyquestions or concerns, please contact us anytime.
-Sincerely,
Robert -Barr
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Gregory J. Thorpe, Ph.D.
Acting Director
Division of Water Quality
PROFESSIONAL ENGINEER'S CERTIFICATION
FOR 51
MAY _ 8 2002
ATC PROJECT NUMBER: 066788ACB
Buncombe County Public Schools WATER pUALITY SECTIO
NPDES Permit No. NCO066788 ASH ti'ilt C {;EGIO
(please
' taf , am a duly registered Professional Engineer
(please print)
in the State of North Carolina and have been authorized to observe (circle one(periodicall weekly, full
time) the construction of the subject project for the Permittee:
Project No.: 066788ACB
Project: Buncombe County. Public Schools
Buncombe County
WWTP improvements Project
Location: U.S. Highway 74 @ NCSR 2800
Buncombe County
I hereby certify that I did regularly observe this project with due care and diligence and that the
construction was qPnIpleted in substantial conformance with the Authorization to Construct and with the
approved plan nd pcifications.
w
Signature . Registration No.
15 0� I
Date �,,•` CNN CAR'.,,,
SEAL
6469
� YYY1111111111111 j1
Upon completion of construction and prior to operation of the modified facility, the Permittee shall provide the
Division with a certification from a professional engineer certifying that the permitted facility has been installed in
accordance. with the NPDES Permit, this Authorization to Construct, and the approved plans and specifications.
The Certification should be submitted to:
NCDENR/DWQ, NPDES Unit, 1617 Mail Service Center, Raleigh, North Carolina 27699-1617
Certified Mail # 7015 1520 0003 5463 2930
Return Receipt Reguested
February 10, 2017
Belvin Hall, Maintenance Supervisor
Buncombe County Schools
175 Bingham Rd
Asheville, NC 28806
SUBJECT: NOTICE OF VIOLATION
Tracking, Number: NOV-2017-LV-0133
Permit No. NCO066788
Fairview Elementary School WWTP
Buncombe County .
Dear Permittee:
A review of the August 2016 Discharge Monitoring Report (DMR) 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 Flow, in conduit or thru 8/31/2016 0.011 0.35 Monthly Average Exceeded
treatment plant (50050)
Remedial actions, if not already implemented, should be taken to correct any noted problems. The Division of
.Water Resources may pursue enforcement actions for this and any additional violations.
Please review the Flows for the August 2016 DMR and submit a written response within 10 days of receipt of this
letter to this Office explaining why the Monthly Average Flow exceeded the permit limit.
State of North Carolina I Environmental Quality I Water Resources
2090 U.S. 70 Highway, Swannanoa, NC 28778
828-296-4500
If you have any questions concerning this matter, please contact Janet Cantwell of 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
NPDES Compliance/Enforcement Unit Enforcement File
RPB Systems/ ORC
IV
G:\WR\WQ\Buncombe\Wastebvater\Minors\Fairview Elementary 66788\NOV-2017-LV-0133.rtf
HCDEfNI� u
North Carolina Department of Environment and Natural Resources
Pat McCrory Donald R. van der Vaart
Governor Secretary
January 30, 2015
Mr. R. Belvin Hall, Assistant Director, Maintenance
Buncombe County Schools
175 Bingham Road
Asheville, North Carolina 28806
Subject: NOTICE OF VIOLATION
NOV-2015-LV-0040
Permit No. NCO066788
Fairview Elementary School WWTP
Buncombe County
Dear Mr. Hall:
A review of Fairview Elementary School's WWTP monitoring report for August 2014 showed the
following violations:
Parameter
Date
Limit Value
Reported Value
Limit Type
Coliform, Fecal MF, M-FC
08/27/2014
400.000
1,410.000
Daily Maximum
Broth,44.5C
#/100ml
#/100m1
Exceeded
Coliform, Fecal MF, M-FC
08/31/2014
200.000
1,410.000
Daily Maximum
Broth,44.5C
#/100ml
#/1ooml
Exceeded
Remedial actions, if not already implemented, should be taken to correct any problem. Since the
comments section on the reverse of the relevant DMR provided an adequate explanation for the subject
violation, it is not requested that a response be submitted.
The Division of Water Resources may pursue enforcement action for this and any additional
violations of State law. If you should have any questions, please do not hesitate to contact Janet
Cantwell or me at 828/296-4500.
Sincerely,
G. Landon Davidson, P.G., Regional Supervisor
Water Quality Regional Operations, NCDENR
Asheville Regional, Office
cc,*mmVA/,QAsheville Files
MSC 1617-Central Files -Basement
'RPB Systems/ ORC .
G:\NIRIVWQ\Buncombe\bVasteNlaterlMlnorS\Fairview Elementary 66788\N0V-2015-LV-0040.doc
Water Quality Regional Operations — Asheville Regional Office
2090 U.S. Highway 70, Swannanoa, North Carolina 28778
Phone: (828) 296.4500 Fax: (828) 299-7043
Internet: hfp://portal.ncdenr.org/webfwq
An Equal Opportunity/ Affirmative Action Employer
Pat McCrory
Governor
NCDENR
North Carolina Department of Environment and Natural Resources
April 4, 2014
Mr. R. Belvin Hall, Assistant Director, Maintenance
Buncombe County Schools
175 Bingham Road
Asheville, North Carolina 28806
Dear Mr. Hall:
John E. Skvarla, III
Secretary
Subject: NOTICE OF VIOLATION
NOV-2014-LV-0126
Permit No. NCO066788
Fairview Elementary School WWTP
Buncombe County
A review of Fairview Elementary School's WWTP monitoring report for December 2013 showed
the following violation:
Parameter
Date
Limit Value
Reported Value
Limit Type
Coliform, Fecal MF, M-FC
Broth,44.5C
12/11/2013
400 #/100ml
2,420 #/100ml
Daily Maximum
Exceeded
Remedial actions, if not already implemented, should be taken to correct any problem. Since the
comments section on the reverse of the relevant DMR provided an adequate explanation for the subject
violation, it is not requested that a response be submitted.
The Division of Water Resources may pursue enforcement action for this and any additional violations
of State law. If you should have any questions, please do not hesitate to contact Janet Cantwell or me
at 828129.6-4600.
Sincerely,
G. Landon Davidson, P.G., Regional Supervisor
Water Quality Regional Operations, NCDENR
Asheville Regional Office
..WQAshevilleFrl:e.
- WQ Central Files
RPB Systems/ ORC
G:\WR\WQ\Buncombe\WastewaterWinors\Fairview Elementary 66788\NOV-2014-LV-0126.doc
Water Quality Regional Operations — Asheville Regional Office
2090 U.S. Highway 70, Swannanoa, North Carolina 28778
Phone: (828) 296-4500 FAX: (828) 299-7043
Internet: hUp://podal.ncdenr.org/web/wq
An Equal Opportunity/ Affirmative Action Employer
4
NCDETIR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Pat McCrory Charles Wakild, P.E. John E. Skvarla, III
Governor Director Secretary
March 5, 2013
Belvin Hall
Buncombe County Schools
175 Bingham Rd
Asheville, NC 28806
SUBJECT: Compliance Sampling Inspection
Fairview Elementary School WWTP
Permit No: NCO066788
Buncombe County
Dear Mr. Hall:
On February 20, 2013, a Compliance Sampling Inspection was performed at the subject
wastewater facility. Present during the inspection. was Todd Moore with RPB Systems,.
Inc. The facility was found to be in compliance with permit NC0066788.
Please refer to the enclosed inspection report for additional observations and comments.
If you or your staff have any questions, please call me at 828-296-4500.
Sincere) ,
Linda Wiggs
Environmental Senior Specialist
Asheville Regional Office
Enclosure
cc: RPB Systems, ORC
Central Files
S:\SWP\Buncombe\Wastewater\Minors\Fairview Elementary 66788\CSI.66788.Feb2013.doc
SURFACE WATER PROTECTION —ASHEVILLE REGIONAL OFFICE
Location: 2090 U.S. Highway 70, Swannanoa, NC 28778 NOnei17CaT011ria
Phone: (828) 296-4500\FAX: 828 299-7043
Internet: www.newaterauality.org Naturally
United States Environmental Protection Agency
Form Approved.
EPA Washington, D.C. 20460
OMB No. 2040-0057
Approval expires 8-31-98
Section A: National Data System Coding (i.e., PCS)
Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type
1 I N I 2 15I 31 NCO066788 111 121 13/02/20 117 18I S I 19I S I 20I I
Remarks
21111111111111111111111111 III 111111111111111111116
Inspection Work Days Facility Self -Monitoring Evaluation Rating B1 QA ------------------Reserved— ----------- ---
67I 169 70131 71 I I 72I N I 73I I 174 751 I I I I I I 180
u�
Section B: Facility Data
Name and Location of Facility Inspected (For Industrial Users discharging to POTW, also include
Entry Time/Date
Permit Effective Date
POTW name and NPDES permit Number)
Fairview Elementary School
09:10 AM 13/02/20
11/01/01
Exit Time/Date
Permit Expiration Date
1355 Charlotte Hwy
Fairview NC 28730
10:00 AM 13/02/20
15/12/31
Name(s) of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s)
Other Facility Data
Todd M Moore/ORC//
Name, Address of Responsible Official/Title/Phone and Fax Number
Contacted
Larry McCallum,175 Bingham Rd Asheville NC 28806//828-255-5921/8282555923
Yes
Section C: Areas Evaluated During Inspection (Check only those areas evaluated)
Permit Operations & Maintenance N Facility Site Review Effluent/Receiving Waters
Section D: Summary of Finding/Comments Attach additional sheets of narrative and checklists as necessary)
(See attachment summary)
Name(s) and Signature(s) of Inspector(s) Agency/Office/Phone and Fax Numbers Date
3 / S � 3
Linda S Wiggs 0/7_,/ ARO WQ//828-296-4500 Ext.4653/
Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date
EPA Form 3560-3 (Rev 9-94) Previous editions are obsolete.
Page # 1
NPDES yr/mo/day Inspection Type
3I NCO066788 111 12, 13/02/20 117 18I S
Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary)
ORC reports sludge removal occurs —2-3 yrs.
Stevens flow meter is calibrated annually.
Log book is in good order.
The ORC noted that this facility receives wastewater from sources other than the school, a couple of houses
and a gas/convenience station.
Effluent pH: 7.Osu @ 7.7C.
Effluent Sample results:
BOD 5.9 mg/I
Fecal Coliform 1/100ml
TSS 8.2 mg/I
Page # 2
Permit: NCO066788
Inspection Date: 02/20/2013
Owner - Facility: Fairview Elementary School
Inspection Type: Compliance Sampling
Operations & Maintenance Yes No NA NE
Is the plant generally clean with acceptable housekeeping? ■ 0 Q 0
Does the facility analyze process control parameters, for ex: MLSS, MCRT, Settleable Solids, pH, DO, Sludge ■ 0 1=1
Judge, and other that are applicable?
Comment:
n----A
(If the present permit expires in 6 months or less). Has the permittee submitted a new application? ❑ ❑ ■
Is the facility as described in the permit? ■ ❑ El Q
# Are there any special conditions for the permit? fl 1-1 ■
Is access to the plant site restricted to the general public? ■ 0 ❑ I]
Is the inspector granted access to all areas for inspection? ■ ❑ ❑ Cl
Comment:
Type of bar screen
a.Manual ■
b.Mechanical 0
Are the bars adequately screening debris? ■ ❑ 0 0
Is the screen free of excessive debris? ❑ ■ ❑ 0
Is disposal of screening in compliance? ■ ❑ ❑
Is the unit in good condition? ■ ❑ n ❑
Comment: The bars are far apart on this device. There was no debris noted
throughout the WWTP. There was a fair amount of debris in the bar screens which
ORC deliberately leaves some which actually helps in keeping rags from passing
through device. ORC is not having an issue with bar screen and operating it as noted
so not a concern at this time.
Equalization Basins
Yes
No
NA NE
Is the basin aerated?
■
I]
0 0
Is the basin free of bypass lines or structures to the natural environment?
■
n
Cl n
Is the basin free of excessive grease?
■
❑
n I] .
Are all pumps present?
■
n
n n
Are all pumps operable?
■
n
n n
Are float controls operable?
■
n
n ❑
Page # 3
Permit: NCO066788 Owner - Facility: Fairview Elementary School
Inspection Date: 02/20/2013 Inspection Type: Compliance Sampling
Equalization Basins Yes No NA NE
Are audible and visual alarms operable? ■ n n n
# Is basin size/volume adequate? ■ rl n n
Comment: Monthly maintenance is performed on pumps/blowers.
Aeration Basins
Yes
No NA
NE
Mode of operation
Ext.
Air
Type of aeration system
Diffused
Is the basin free of dead spots?
■
n n
n
Are surface aerators and mixers operational?
n
n ■
n
Are the diffusers operational?
■
n n
n
Is the foam the proper color for the treatment process?
n
n ■
❑
Does the foam cover less than 25% of the basin's surface?
n
n ■
Is the DO level acceptable?
n
❑ ❑
■
Is the DO level acceptable?(1.0 to 3.0 mgfl)
❑
❑ ❑
■
Comment: No foam was noted.
Secondary Clarifier
Yes No NA
NE
Is the clarifier free of black and odorous wastewater?
■
n n
n
Is the site free of excessive buildup of solids in center well of circular clarifier?
n
n ■
Are weirs level?
■
❑ Cl
0
Is the site free of weir blockage?
■
n n
n
Is the site free of evidence of short-circuiting?
■
n n
n
Is scum removal adequate?
■
❑ n
❑
Is the site free of excessive floating sludge?
■
n n
n
Is the drive unit operational?
n
n ■
n
Is the return rate acceptable (low turbulence)?
n
n n
■
Is the overflow clear of excessive solids/pin floc?
■
n n
n
Is the sludge blanket level acceptable? (Approximately % of the sidewall depth)
■
n n
n
Comment: Minimal amount of floating sludge and pin floc but did not appear to be a
problem. See summary for effluent results.
Disinfection -Tablet '
Yes No NA
NE
Are tablet chlorinators operational?
■
Cl ❑
Page # 4
Permit: NC0066788 Owner - Facility: Fairview Elementary School
Inspection Date: 02/20/2013 Inspection Type: Compliance Sampling
Disinfection -Tablet Yes No NA NE
Are the tablets the proper size and type? ■ n n n
Number of tubes in use? 3
Is the level of chlorine residual acceptable?
n
n n ■
Is the contact chamber free of growth, or sludge buildup?
■
n n n
Is there chlorine residual prior to de -chlorination?
❑
❑ I] ■
Comment:
De -chlorination
Yes
No NA NE
Type of system ?
Tablet
Is the feed ratio proportional to chlorine amount (1 to 1)?
n
❑ ■ n
Is storage appropriate for cylinders?
n
n ■ n
,# Is de -chlorination substance stored away from .chlorine containers?
n
❑ ■ n
Comment:
Are the tablets the proper size and type?
■
❑ ❑ n
Are tablet de -chlorinators operational?
■
n n n
Number of tubes in use?
3
Comment:
Standby Power
Yes No NA NE -
Is automatically activated standby power available?
■
n ❑ n
Is the generator tested by interrupting primary power source?
n
n n ■
Is the generator tested under load?
n
❑ n ■
Was generator tested & operational during the inspection?
n
n n ■
Do the generator(s) have adequate capacity to operate the entire wastewater site?
n
n n ■
Is there an emergency agreement with a fuel vendor for extended run on back-up power..?
n
n n ■
Is the generator fuel level monitored?
n
Cl n ■
Comment: Standby power is natural gas. The County school maintenance crew
maintains the generator, not the ORC
Effluent Pipe Yes No NA NE
Is right of way to the outfall properly maintained? ■ Q n
Are the receiving water free of foam other than trace amounts and other debris? ■ n n n
If effluent (diffuser pipes are required) are they operating properly? 11 n ■ n
Page # 5
Permit: NC0066788 Owner -Facility: Fairview Elementary School
Inspection Date: 02/20/2013 Inspection Type: Compliance Sampling
Effluent Pipe
Comment: The effluent and the receiving waters looked good. No obvious adverse
impacts were noted instream.
Yes No NA NE
Page # 6
DIVISION OF WATER QUALITY
Chemistry
Lobo ra to ry Report / Water Qua Iity
Lab Number
COUNT]'
/� \,�p
�lr(}�u\/'
El SAMPLE TYPE
Date Received
RIVER BASIN :
�-
���
PRIORITY
AMBIENT
QA
STREAM
F/ EFFLUENT
Time Received
Received By
REPORT TO
A �+� Rebriona] Office
COMPLIANCE
CHAIN OF CUSTODY
LAKE
f �'
� INFLUENT
Other
COLLECTOR(S)
p
h .�/t� 4�
EMERGENCY
VISIT ID
� ESTUARY
Data Released
Date Reported
Estimated BOD Range:
Station Location: /�.MJ—"1,.� �•
Seed:
Chlorinated:
Remarks:
Station 9/Location Co1sde
L �L�
ate Begin (>y/mmm�/sddd)
Date End (yy/mm/dd)
Ti a Begin
Time End
Depth - DM, DB, DBM
Value Type -A, H, L
Composite-T, S, B
Sample Type
BOD 310 a mg/L
COD High 340 mg/L
COD Low 335 mg/L
Coliform: MF Fecal 31616 /loom]
Coliform: MF Total 31504 /loom]
Coliform: tube Fecal 31615 /Ioond
Coliform: Fecal Strep 31673 /loom[
Residue: Total 500 mg/L
Volatile 505 mg/L
Fired 510 mg/L
Residue: Suspended 530 lj`, mg/L
Volatile 535 mg/L
Fixed 540 mg/L
pH 403 units
Acidity to pH 4.5 436 mg/L
Acidity to pH 8.3 435 mg/L
Alkalinity to pH 8.3 415 mg/L
Alkalinity to pH 4.5 410 mg/L
TOC 680 mg/L
Turbidity 76 NTU
Coliform Total Tube /100 ml
COMMENTS:
Chloride 940 mg/L
Chlorophyll a EPA 445.0 modified option ug/L
Color: True 80 C.U.
Color: (pH) 83 pH= C.U.
Color: pH 7.6 82 C.U.
Cyanide 720 mg/L
Fluoride 951 mg/L
Formaldehyde 71880 mg/L
Grease and Oils 556 mg/L
Hardness Total 900 mg/L
Specific Cord. 95 umhos/cm
MBAS 38260 mg/L
Phenols 32730 ug/L
Sulfate 945 mg/L
Sulfide 745 mg/L
Boron
Tannin & Lignin ug/L
Hexavalent Chromium ug/L
Bicarbonate mg/L
Carbonate mg/L
Total Dissolved Solids mg/L
NH3 as N 610 mg/L
TKN an N 625 mg/L
NO2 plus NO3 as N 630 mg/L
P: Total as P 665 mg/L
PO4 as P 70507 mg/L
P: Dissolved as P 666 mg/L
K-Potassium mg/L
Cd-Cadmium 1027 ug/L
Cr-Chromium:Total 1034 ug/L
Cu-Copper 1042 ug/L
Ni-Nickel 1067 ug/L
Pb- Lead 1051 ug/L
Zn-Zinc 1092 ug/L
V-Vanadium ug/L
Ag-Silver 1077 ug/L
AI- Aluminum 1105 u 1l,
Be- Beryllium 1012 ug/L
Ca- Calcium 916 mg/L
Co -Cobalt 1037 ug/L
Fe- Iron 1045 ug/L
Mo-Molybdenum ug/L
Sb-Antimony ug/L
Sn-Tin ug/L
TI-Thallium ug/L
Ti-Titanium ug/L
Hg-1631 ng/L
Li -Lithium 1132 ug/L
Mg- hfagnesium 927 mg/L
Mn-Manganese 1055 ug/L
No- Sodium 929 mg/L
Arsenic:Total 1002 ug/L
Se -Selenium 1147 ug/L
Hg- Nlercury 71900 ug/L
Ba-Barium ug/L
Organochlorine Pesticides
Organs phosphorus Pesticides
Organonitrogen Pesticides
Acid Herbicides
Base/Neutral&Acid Extractable Organics
TPH Diesel Range
Purgeable Organics (VOA bottle req'd)
TPH Gasoline Range
TPH/BTEX Gasoline Range
Phytoplankton
Temperature on arrival (°C):
2011 s'l U [l j MAR — 5 2012
System Performance Annual ep� ';%�UALI7`(s�cr!ar i
s,J�roi_Lr_. iFGiU\l.',! C=SIG_
Wastewater Treatment cilrty F
General Information
• Facility/System Name: Fairview Elementary School FEB 2 9 2012
• Pnikm:- .
Responsible Entity: Buncombe County School System���-U�:._v;
1iiJAt
• Person in Charge: Belvin Hall, Assistant Maintenance Director
• Telephone Number: (828) 232-4244
• Contract Operator in Responsible Charge: RPB Systems, Inc. -Richard Swilling
• Telephone Number: (828) 251-1900
• Applicable Permit: NPDES N ♦:+,k ..x Expires 12/31/2015
• Description of Treatment System:
The Fairview Elementary School wastewater treatment system is a 0.011 MGD
extended aeration package treatment system with influent pumps, equalization
basin, aerated sludge holding tank, chlorination and dechlorination equipment,
flow recorder and standby generator. This facility is located at the Fairview
Elementary School, US Highway 74 @ NCSR 2800 NW of Fairview, NC. The
treated effluent discharges into Cane Creek, part of the French Broad River
Basin which is classified as C-Trout waters.
Performance
• Summary of System Performance for 2011:
This facility is well maintained and in good operation condition. Records are
being maintained as required by their NPDES permit. The treatment facility had
no violations of their permit in 2011.
The treatment facility experienced no overflows or spills during 2011.
Page 1 of 3
2011 Monthly Compliance Summary
• January 2011-Compliant
• February 2011-Compliant
• March 2011-Compliant
• April 2011 -Compliant
• May 2011-Compliant
• June 2011-Compliant
• July 2011-Compliant
• August 2011-Compliant
• September 2011-Compliant
• October 2011-Compliant
• November 2011-Compliant
• December 2011-Compliant
• Listed below are the month Discharge Monitoring Report parameters as reported
to the Division of Water Quality in 2011.
Flow
BOD
TSS
NH3N
Fecal
Jan
0.01
7.4
12.3
6.70
2
Feb
0.010
7.0
9.3
14.3
5
Mar
0.010
8.6
7.0
17.90
1
0.008
14.1
8.8
11.30
2
--April
Ma
0.010
13.0
8.9
16.7
2
June
0.010
11.1
13.1
36.8
6
July
0.005
21.0
6.3
12.7
3
Aug0.01
6.2
11.2
9.90
1
Set
0.010
13.6
6.2
10.7
1
Oct
0.010
10.3
5.7
9.8
1
Nov
0.010
17.8
7.9
7.3
2
Dec
0.009 1
12.1
3.1
7.7
6
Permit
Limits
1 0.011
1 30/45
1 30/45
1200/400
Page 2 of 3
. 0
• Corrective Actions: No corrective actions were required during 2011.
• Environmental Impact: There was no observable environmental impact from this
treatment facility during 2011.
III. Notification:
The availability of this report to staff and parents of students will be forwarded
to them via posting of this report on school information boards, by memorandum
and through regular PTA meetings.
IV. Certification
I certify under penalty of law that this report is accurate and complete to the best
of my knowledge. I further certify that this report has been made available to the
users or customers of this system and that those users have been notified of its
availability. I am aware that there are significant penalties for submitting false
information.
t'
Signature
Belvin .Hall, Assistant Director
Buncombe County Schools Maintenance
ate
Page 3 of 3
2010
System Performance Annual,! port - - .:r,,_ .�.�r.�.
Wastewater Treatment Facility
---.-L LL
1
General Information L # r,,aA F11 4 2011
H " , J
• Facility/System Name: Fairview Elementary School
VIA i F-Fi 0: ALITY SECTION
'! AcH""�IILLt i;�=GiOhJ.� ICE :;
• Responsible Entity: Buncombe County School System
•
Person in Charge: Belvin Hall, Assistant Maintenance Director
• Telephone Number: (828) 232-4244
• Contract Operator in Responsible Charge: RPB Systems, Inc. -Richard Swilling
• Telephone Number: (828) 251-1900
• Applicable Permit: NPDES NCO066788 Expires 12/31/2015
• Description of Treatment System:
The Fairview Elementary School wastewater treatment system is a 0.011 MGD
extended aeration package treatment system with influent pumps, equalization
basin, aerated sludge holding tank, chlorination and dechlorination equipment,
flow recorder and standby generator. This facility is located at the Fairview
Elementary School, US Highway 74 @ NCSR 2800 NW of Fairview, NC. The
treated effluent discharges into Cane Creek, part of the French Broad River
Basin which is classified as C-Trout waters.
Performance
• Summary of System Performance for 2010:
This facility is well maintained and in good operation condition. Records are
being maintained as required by their NPDES permit. The treatment facility had
no violations of their permit in 2010. — --------
The treatment facility experienced no overflows or spills d W U-S.— W� `
FEB 2 5 2011
Pagel of 3
2010 Monthly Compliance Summary -
• January 2010-Compliant
• February 2010-Compliant
• March 2010-Compliant
• April 2010-Compliant
• May 2010-Compliant
• June 2010-Compliant
• July 2010-Compliant
• August 2010-Compliant
• September 2010-Compliant
• October 2010-Compliant
• November 2010-Compliant
• December 2010-Compliant
• Listed below are the month Discharge Monitoring Report parameters as reported
to the Division of Water Quality in 2010.
Flow
BOD
TSS
NH3N
Fecal
Jan
0.011
9.8
7.7
1.10
10
Feb
0.010
10.6
8.2
0.11
52
Mar
0.010
8.3
6.5
0.10
6.0
April
0.034
8.4
11.3
0.10
2.2
May
0.010
2.7
3.4
0.23
2.8
June
0.010
5.5
5.8
0.24
2.0
July
0.010
6.2
5.3
0.21
3.4
Aug0.011
3.0
7.7
0.10
2.8
Set
0.010
3.4
5.8
7.8
2.0
Oct
0.010
5.0
9.8
1.55
2.9
Nov
0.010
6.5
6.7
4.0
2.0
Dec
0.010
5.9
8.6
5.0
4.0
Permit
Limits
1 0.011
1 30/45
30/45
200/400
Page 2 of 3
IV
• Corrective Actions: No corrective actions were required during 2010.
Environmental Impact: There was no observable environmental impact from this
treatment facility during 2010.
Notification:
The availability of this report to staff and parents of students will be forwarded
to them via posting of this report on school information boards, by memorandum
and through regular PTA meetings.
Certification
I certify under penalty of law that this report is accurate and complete to the best
of my knowledge. I further certify that this report has been made available to the
users or customers of this system and that those users have been notified of its
availability. I am aware that there are significant penalties for submitting false
information.
Signature
Belvin Hall, Assistant Director
Buncombe County Schools Maintenance
oa is /0
D e
Page 3 of 3
rILE Cr
NCDENR
North Carolina Department of Environment and Natural Resources
Beverly Eaves Perdue
Governor
Division of Water Quality
Coleen H. Sullins
Director
February 11, 2011
Mr. R. Belvin Hall, Assistant Director, Maintenance
Buncombe County Schools
175 Bingham Road
Asheville, North Carolina 28806
Subject: NOTICE OF VIOLATION
NOV-2011-LM-0007
Permit No. NCO066788
Fairview Elementary School WWTP
Buncombe County
Dear Mr. Hall:
Dee Freeman
Secretary
A review of Fairview Elementary School's WWTP monitoring report for September 2010 showed the
following violations:
Parameter
Date
Limit Value
Reported Value
Limit Type
Flow, in conduit or thru
treatment plant
09/30/10
0.011 mgd
0.012 mgd
Monthly Average
Exceeded
This is the second month in a row when the Flow has exceeded the permit limit of 0.01 1mgd. Please send a
written response to this office within 10 business days of receipt of this letter addressing the increase in flow
at your facility.
Parameter
Date
Measuring Frequency
Violation
pH
Week ending 09/04/2010
Weekly
Failure to Monitor
Temperature
Week ending 09/04/2010
Weekly .
Failure to Monitor
It was also noted that the Compliance box on the back of the DMR was marked "Compliant" when in fact it should
have been marked "Non -Compliant" with an explanation for the non-compliance. If the above parameters for
Temperature and pH were left off inadvertently, please send an amended DMR within 10 business days of receipt
of this letter to Raleigh at the address found on the front page of your DMR and also a copy to this office.
The DMR for Fairview Elementary does not have the minimum required 10 days between sampling of Ammonia.
Part II, Section A. of your NPDES permit states: 2/114onth: Samples are collected twice per month with at./east
ten calendar days between sampling events. Please begin using the required protocol on future DMRs.
Remedial actions should be taken to correct these problems. The Division of Water Quality may pursue
enforcement action for this and any additional violations of State law. If you should have any questions, please do not
hesitate to contact Janet Cantwell at 828/296-4500.
Sincerely,
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
cc': ; :As�rfil ' les
DWQ Central Files
RPB Systems/ ORC one
S:iSWP\Buncombe%Wastewater\Minors%Fairview Elementary 66788\NOV-2011-LM-0007.doc NorthCarotina
Naturally
North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, N.C. 28778 Phone(828)296-4500 Customer Service
Internet: www.ncwaterquality.orq FAX (828)299-7043 1-877-623-6748
'��� ALE CL
A09=�®
NCDENR
North Carolina Department of Environment and Natural Resources
Beverly Eaves Perdue
Governor
Division of Water Quality
Coleen H. Sullins
Director
February 4, 2011
Mr. R. Belvin Hall, Assistant Director, Maintenance
Buncombe County Schools
175 Bingham Road
Asheville, North Carolina 28806
Dear Mr. Hall:
Dee Freeman
Secretary
Subject: NOTICE OF VIOLATION
N OV-2011-LV-0041
Permit No. NCO066788
Fairview Elementary School WWTP
Buncombe County
A review of Fairview Elementary School's WWTP monitoring report for August 2010 showed the
folloWing violation:
Parameter
Date
Limit Value
Reported Value
Limit Type
Flow, in conduit orthru
08/31/2010
0.011 mgd
0.012 mgd
Monthly
treatment plant
Average
Exceeded
It was also noted that the Compliance box on the back of the DMR was marked "Compliant" when in
fact it should have been marked "Non -Compliant" with an explanation for the non-compliance.
Remedial actions should be taken to correct this problem. The Division of Water Quality may pursue
enforcement action for this and any additional violations of State law. If you should have any questions,
please do not hesitate to contact Janet Cantwell at 8281296-4600.
Sincerely,
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
cc: DWQ Asheville Files
DWQ Central Files
RPB Systems/ ORC
S:%SWP\Buncombe\WastewatertMinors\Fairview Elementary 66788\NOV-201 1 -LV-0041.doc
NorthCarotina
Natura!!r,
North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, N.C. 28778 Phone(828)296-4500 Customer Service
Internet: www.ncwaterauality.org FAX (828)299-7043 1-877-623-6748
iazm u) oeivm nau - rairview zuuy.aocx
2009
rage -i
APR 16 2010 I =
WATER QUALITY SECTION
ASHEVILLL R%E
System Performance Annual Report
Wastewater Treatment Facility
General Information
• Facility/System Name: Fairview Elementary School
• Responsible Entity: Buncombe County School System
• Person in Charge: Belvin Hall, Assistant Maintenance Director
• Telephone Number: (828) 232-4244
r
y I0� ME;
MAR 042010
DE-NR-VerAi-RUALr.Y
• Contract Operator in Responsible Charge: RPB Systems, Inc. -Robert Barr
• Telephone Number: (828) 251-1900
• Applicable Permit: NPDES N.00066788 Expires 12/31/2010
• Description of Treatment System:
The Fairview Elementary School wastewater treatment system is a 0.011 MGD
extended aeration package treatment system with influent pumps, equalization
basin, aerated sludge holding tank, chlorination and dechlorination equipment
and a flow recorder. This facility is located at the Fairview Elementary School,
US Highway 74 @ NCSR 2800 NW of Fairview, NC. The treated effluent
discharges into Cane Creek, part of the French Broad River Basin which is
classified at C-Trout waters.
ll, Performance
• Summary of System Performance for 2009:
This facility is well maintained and in good operation condition. Records are
being maintained as required by their NPDES permit. The treatment facility had
j L)eivin pan,- rairviewZUUy.tloCX
Page 2
L 1.
no violations of their permit in 2009.
The treatment facility experienced no overflows or spills during 2009.
• 2009 Monthly Compliance Summary
• January 2009-Compliant
• February 2009-Compliant
• March 2009-Compliant
• April2009-Compliant
• May 2009-Compliant
• June 2009-Compliant
• July 2009-Compliant
• August 2009-Compliant
• September 2009-Compliant
• October 2009-Compliant
• November 2009-Compliant
• December 2009-Compliant
• Listed below are the month Discharge Monitoring Report parameters as reported
to the Division of Water Quality in 2009.
Flow
BOD
TSS
NH3N
Fecal
Jan
0.011
9.8
7.7
1.10
10
Feb
0.010
10.6
8.2
0.11
52
Mar
0.010
8.3
6.5
0.1 Q
6A
April
0.034
8.4
11.3
0.10
2.2
May
0.010
2.7
3.4
0.23
2.8
June
0.010
5.5
5.8
0.24
2.0
July
0.010
6.2
5.3
0.21
3.4
Aug
0.011
3.0
7.7
0.10
2.8
Sept
0.010
3.4
5.8
7.8
2.0
Oct
0.010
5.0
9.8
1.55
2.9
Nov
0.010
6.5
6.7
4.0
2.0
Dec
0.010
5.9
8.6
5.0
4.0
Permit
0.011
I
30145
30/45
200/400
Limits
_I
(u� itzu"tu) eeivin nau - rairview wva.uuux
1 C.U�' V
• Corrective Actions: No corrective actions were required during 2009.
• Environmental Impact: There was no observable environmental impact from this
treatment facility during 2009.
III. Notification: .
The availability of this report to staff and parents of students will be forwarded
to them via posting of this report on school information boards, by memorandum
and through regular PTA meetings.
IV. Certification
I certify under penalty of law that this report is accurate and complete to the best
of my knowledge. I further certify that this report has been made available to the
users or customers of this system and that those users have been notified of its
availability. I am aware that there are significant penalties for submitting false
information.
Signature
Belvin Hall, Assistant Director
Buncombe County Schools Maintenance
i 7 IZO
Da
3
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
SURFACE WATER PROTECTION SECTION
February 23, 2010
Mr. R. Belvin Hall. Assistant Director
Buncombe County Board of Education
Maintenance Department
175 Bingham Road
Asheville NC 28806
Dee Freeman
Secretary
SUBJECT: Compliance Evaluation Inspection
Fairview Elementary School WWTP
Permit No: NCO066788
Buncombe County
Dear Mr. Hall:
Enclosed please find a copy of the Compliance Evaluation Inspection form from the inspection
conducted on February 19, 2010. The facility was found to be in compliance with permit NC0066788.
Please refer to the enclosed inspection report for additional observations and comments. If you or
your staff should have any questions, please call me at 828-296-4500 extension 4662.
Sincerely,
Wanda P. Frazier
Environmental Specialist
Enclosure
cc: Central Files
{yr.
rMIAsh`evilfeF'il'es'
S:\SWP\Buncombe\Wastewater\Minors\Fairview Elementary 66788\CE1.02-19-10.doc
a
SURFACE WATER PROTECTION.— ASHEVILLE REGIONAL OFFICE One
Location: 2090 U.S. Highway 70, Swannanoa, NC 28778 NorthCarolina
Phone: (828) 296-4500\FAX: 828 299-7043\Customer Service: 1-877-623-6748 Naturally
Internet: www.ncwaterqualitV.orq ,
United States Environmental Protection Agency
Form Approved.
E P n Washington, D.C. 2o4so
/�
OMB No. 2040-0057
Water Compliance Inspection Report
Approval expires 8-31-98
Section A: National Data System Coding (i.e., PCS)
Transaction Code. ; NPDES yr/mo/day Inspection Type Inspector Fac Type
.1 I NI 2 15I 31 NCO066788 Ill 121 10/02/19 117 181 cl' 191 SI 20I-1..
Remarks
211111111111111111111111111111111111111111111111ill
Inspection Work Days Facility Self -Monitoring Evaluation Rating B1 QA . ----------Reserved-----_-----
67I 1.0 169 70131 711 I 72 l N I 73 W 74 751 I I I I I Li 80
Section B: Facility Data
Name and Location of Facility Inspected (For Industrial Users discharging to POTW, also include
Entry Time/Date
Permit Effective Date
POTW name and NPDES permit Number)
Fairview. Elementary School
1 2:15 PM 10/02/19
06/01/01
Exit Time/Date
Permit Expiration Date
1355 Charlotte Hwy
Fairview NC 28730
01.25 PM 10/02/19
10/12/31
Name(s) of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s)
Other Facility Data
Kenneth Garey Henson/ORC/828-251-1900/
Name, Address of Responsible Official Title/Phone and Fax Number
Contacted
No.
Section C: Areas Evaluated During Inspection (Check only those areas evaluated)
Permit Flow Measurement Operations & Maintenance Records/Reports
Facility Site Review Effluent/Receiving Waters
Section D: Summary of Finding/Comments,(Attach additional sheets of narrative and checklists as necessary)
(See attachment summary)
Name(s) and Signature(s) of Inspector(s) Agency/Office/Phone and Fax Numbers Date
Wanda P Frazier > ARO WQ//828-296-4500 Ext.4662/ .. .
Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date
• o
EPA Form 3560-3 (Rev 9-94) Previous editions are obsolete.
Page # 1
9
NPDES yr/mo/day Inspection Type
3I NCO066788 I11 12I 10/02/19 1
17 18ICI
(cont.)
Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary)
Please forward a copy of this report to your operator and/or contract operating firm (if applicable).
FACILITY DESCRIPTION:
The Fairview Elementary School WWTP is a Class II facility rated as a 0.011 MGD extended
aeration with: influent pumps; manual bar screen; flow equalization basin with audible and
visual alarms; aeration basin with blowers providing diffused air; clarifier with sludge return;
aerobic digestor; tablet chlorinator; chlorine contact chamber; dechlorination unit; flow
recorder and stand-by natural gas generator. -
PERMIT/ INSPECTION / LOG:
A review of the files indicates that the last compliance evaluation inspection was conducted on
11-17-2008 by Wanda Frazier.
The permit expires on 12-31-2010. Please request a permit renewal 6 months prior to expiration.
A renewal notice will be mailed as a reminder.
The daily operator log was present on -site and had good notation of daily events, process
control and field testing data.
TREATMENT UNITS / PROCESS CONTROL TESTING DATA:
The activated sludge aeration basin process control data was as follows:
Temperature = 7.2 degrees Celsius
pH = 6.2 units --- Hydrated lime, sodium bicarbonate and soda ash were added to raise
the pH and increase the alkalinity.
Dissolved Oxygen = 2.96 mg/I --- The timers were adjusted to increase aeration on
Saturday (2/20/10), due to a school make-up day.
Tip: The ideal level for dissolved oxygen in the aeration basin is generally 1 to 3
mg/I. Seasonal changes in temperature require the adjustment of the aeration
timer to achieve ideal dissolved oxygen levels.
Settleable Solids = 280 ml/I = 28%
Tip: Using the settleability test, the return sludge pumping rate is usually set so
that the flow rate is approximately equal to the percentage volumes occupied by the
settleable solids from the aeration basin after settling for 30 minutes in a
settleometer. For example, a settleability of 30% would generally indicate a
recommended return sludge pumping rate of 30%.
Having the percent settleable solids (i.e. 30%) the same as the percent return sludge
Page # 2
Permit: NCO066788
Inspection Date: 02/19/2010
Owner - Facility: Fairview Elementary School
Inspection Type: Compliance Evaluation
pumping rate (i.e. 30%), allows for the solids balance in the plant to be maintained.
If the plant cannot handle that return sludge pumping rate, then wasting is probably
recommended, unless the sludge is too young.
EFFLUENT:
The effluent data was as follows:
pH = 6.2 units
Temperature = 7.2 degrees Celsius
Chlorine = 12 ug/I
OPERATIONS AND MAINTENANCE / EFFLUENT / SUMMARY:
Mr. Kenneth Henson, ORC, assisted in the inspection and appears to be operating and maintaining
.the facility very well.
The effluent was clear and appeared to be in compliance with permit limits.
SYSTEM PERFORMANCE ANNUAL REPORT: .
Note: According to the Clean Water Act of 1999 (House Bill 1160), the legal requirement for
submittal of the System Performance Annual Report is as follows:
The owner or operator of any wastewater treatment works or wastewater collection systems
that treats or collects primarily domestic or municipal waste, must provide an Annual
Report to its users or customers and to the Department of Environment and Natural
Resources that summarizes the treatment works' and collection system's performance over a
12 month period.)
The System Performance Annual Performance Report had been filed for the calendar year 2008 and
was received by the Division on February 26, 2009.
The System Performance Annual Report, for 2009, is due no later than 60 days of the end of the
reporting period.
Report Format:
The following is provided as guidance to assist you in meeting this aspect of the new reporting
requirements. The law states the above mentioned report shall summarize the performance of the
treatment works or collection system and state the extent to which any terms of its permit,
federal laws, or any State laws, regulations or rules related to the protection of water quality
have been violated. In order to meet the spirit of this law, it is strongly suggested that, at
a.minimum, the report contain the following information:
Page # 3
Permit: NCO066788
Inspection Date: 02/19/2010
I. General Information
Owner - Facility: Fairview Elementary School
Inspection Type: Compliance Evaluation
• Name of regulated entity and county
• Responsible entity, person or contact with phone number or address
• Listing of applicable permit(s) — NPDES and Collection System permits, etc.
(Note: water plant wastewater dischargers are exempt)
• Description of collection or treatment system or process
II. Performance
• Description of overall 12-month performance, noting highlights and deficiencies.
• By month, list of the number and type of any violations of permit conditions,
environmental regulations or environmental laws, including (but not limited to):
Permit Limit Violations — list by month and type
Monitoring and Reporting Violations — i.e. NOVs and Civil Assessments
(Illegal) Bypass of treatment facilities*
Sanitary Sewer Overflows.(SSOs)* - Dates of SSOs*, Press Releases & Public
Notices (*Note the estimated total monthly volumes and locations of events in which more
than 1,000 gallons of waste reached surface waters.
• Description of any known environmental impact of violations
• Description of corrective measures taken to address violations or deficiencies
III. Notification
• Statement as to how users or customers have been provided access to the report.
IV. Certification.
• Statement by a responsible official certifying the report is accurate and complete.
It shall be left to the individual applicable entities to decide both how much detail above minimum they wish
to provide in the report and how they will provide the report to their users or customers. This law was
established to provide a mechanism for public oversight (and hopefully, to instill public confidence). Those
entities that fall under the scope of this part of the law are encouraged to be forthcoming in their report and
they should provide its readers a contact where they may view more detailed information.
To satisfy the Departmental reporting requirement, three copies of the report should be submitted to the
following address:
System Performance Annual Report
North Carolina Division of Water Quality
1617 Mail Service Center
Raleigh, NC 27699-1617
(You may base your report on either a calendar year or a fiscal year time frame: July 1 — June 30.)
Page # 4
.Permit: NCO066788 Owner - Facility: Fairview Elementary School
Inspection Date: 02/19/2010 Inspection Type: Compliance Evaluation
Permit
Yes
No
NA_
NE
(If the present permit expires in 6 months or less). Has the permittee submitted a new application?
Cl
n
■
n
Is the facility as described in the permit?
■
n
n
n
Are there any special conditions for the permit?
n
■
n
n
Is access to the plant site restricted to the general public?
■
n
n
n
Is the inspector granted access to all areas for inspection?
■
n
n.
n
Comment:
Operations & Maintenance
Yes
No
NA
NE
Is the plant generally clean with acceptable housekeeping?
■
n
n
n
Does the facility analyze process control parameters, for ex: MLSS, MCRT, Settleable Solids, pH, DO; Sludge ■
❑
n
n
Judge, and other that are applicable?
Comment:
Bar Screens
Yes
No
NA
NE
Type of bar screen
. a.Manual
■
b. Mechanical
n
Are the bars adequately screening debris?
■
n
n
n
Is the screen free of excessive debris?
M.
n
III
❑
Is disposal of.screening in compliance?
■
n
n
n
Is the unit in good condition?
■
n
n
n
Comment:
Equalization Basins
Yes
No
NA
NE
Is the basin aerated? d
■
n
n
n
Is the basin free of bypass lines or structures to the natural environment?
■
n
n
n
Is the basin free of excessive grease?
■
Cl
n
n
Are all pumps present?
■
n
Are all pumps operable?
■
Cl
Are float controls operable?
■
n
n
n
Are audible and visual alarms operable?
■
n
n
# Is basin size/volume adequate?
■
n
❑
Q
Comment:
Page # 5
Permit: NCO066788
Inspection Date: 02/19/2010
Aeration Basins
Owner - Facility: Fairview Elementary School
Inspection Type: Compliance Evaluation
Mode of operation
Type of aeration system
Is the basin free of dead spots?
Are surface aerators and mixers operational?
Are the diffusers operational?
Is the foam the proper color for the treatment process?
Does the foam cover less than 25% of the basin's surface?
Is the DO level acceptable?
Is the DO level acceptable?(1.0 to 3.0 mg/1)
Comment:
Secondary .Clarifier
Is the clarifier free of black and odorous wastewater?
Is the site free of excessive buildup of solids in center well of circular clarifier?
Are weirs level?
Is the site free of weir blockage?
Is the. site free of evidence of short-circuiting?
Is scum removal adequate?
Is the site free of excessive floating sludge?
Is the drive unit operational?
Is the return rate acceptable (low turbulence)?
Is the overflow clear of excessive solids/pin floc?
Is the sludge blanket level acceptable? (Approximately % of the sidewall depth)
Comment:
Disinfection -Tablet
Are tablet chlorinators operational?
Are the tablets the proper size and type?
Number of tubes in use?
Is the level of chlorine residual acceptable?
Is the contact chamber free of growth, or sludge buildup?
Yes No NA NE
Ext. Air
Diffused
■nnn
nn■n
■nnn
■nnn
■nnn
■nnn
■nnn
Yes No NA NE
■n❑❑
nn■n
■nnn
■ n n ❑
■nnn
■nnn
■❑n❑
nn■n
■nnn
■ ❑ ❑ n
.nnn
Yes No NA NE
■ Cl ❑ ❑
■nnn
3
■ n n n
■nnn
Page # 6
Permit: NC0066788 Owner - Facility: Fairview Elementary School
Inspection Date: 02/19/2010 Inspection Type: Compliance Evaluation
Disinfection -Tablet Yes No NA NE
Is there chlorine residual prior to de -chlorination? ■Cl n n
Comment:
De -chlorination Yes No NA NE
Type of system ?
Is the feed ratio proportional to chlorine amount (1 to 1)?
■
n
0
n
Is storage appropriate for cylinders?
❑
n
■
# Is de -chlorination substance stored away from chlorine containers?
■
Comment:
Are the tablets the proper size and type?
■
n
n
n
Are tablet de -chlorinators operational?
■
Number of tubes in use?
3
Comment:
Standby Power
Yes
No
NA
NE
Is automatically activated standby power available?
■
❑
❑
n
Is the generator tested by interrupting primary power source?
■
❑
n
n
Is the generator tested under load?
■
n
n
n
Was generator tested & operational during the inspection?
■
❑
n
n
Do the generator(s) have adequate capacity to operate the entire wastewater site?
■
❑
❑
n
Is there an emergency agreement with a fuel vendor for extended run on back-up power?
❑
❑
■
❑
Is the generator fuel level monitored?
n
n
■
n
Comment: The generator is connected to the natural gas pipeline. No refueling is
necessary.
Effluent Pipe .
Yes
No
NA
NE
Is right of way to the outfall properly maintained?
■
n
n
n
Are the receiving water free of foam other than trace amounts and other debris?
■
n
n
n
If effluent (diffuser pipes are required) are they operating properly?
n
n
■
❑
Comment:
Page # 7
CENR
_ .
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
SURFACE WATER PROTECTION SECTION
April 14, 2009
Mr. Belvin Hall, Assistant Director of Maintenance
Buncombe County Board of Education
167 Craven Street
Asheville, North Carolina 28806
Dear Mr. Hall:
Dee Freeman
Secretary
Subject: NOTICE OF VIOLATION
NOV-2009-MV-0036
Permit No. NCO066788
Fairview Elementary School
Buncombe County
A review of Fairview Elementary School's monitoring report for December 2008 showed the
following violations:
Parameter
Date
Measuring Frequency
Violation
Residual
Chlorine, ug/I
Week of 11-30-2008
thru 12-6-2008
2 times per week
Failure to monitor twice weekly
Remedial actions, if not already implemented, should be taken to correct any problem. Since the
comments section on the reverse of the relevant DMR provided an adequate explanation for the subject
violation, it is not requested that a response be submitted: however, should you have additional information
concerning the violations or comments which you wish to present, please submit them to the attention of
Wanda Frazier.
The Division of Water Quality may pursue enforcement actions for this and any additional violations. 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. You may contact Keith Haynes of this office for additional information.
If you should have any questions, please do not hesitate to contact Wanda Frazier or me at 828-296-4500.
Sincerely,
Boger C. Edwards, egional Supervisor
Surface Water Protection Section
cc: WQ Central Files
Bob Guerra, Western NPDES Point Source Compliance Enforcement
N "AhCar,lina
Nirtrr1W1'1
North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, N.C. 28778 Phone (828)296-4500 Customer Service
Internet: www.ncwaterguality.org FAX (828)299-7043 1-877-623-
6748
OF w ArFh'
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
EFILE COPY
SURFACE WATER PROTECTION SECTION
November 21, 2008
Mr. Belvin Hall, Assistant Director of Maintenance
Buncombe County Board of Education
167 Craven Street
Asheville, North Carolina 28806
Dear Mr. Hall:
Coleen H. Sullins, Director
Division of Water Quality
Asheville Regional office
SUBJECT: Compliance Evaluation Inspection
Fariview Elementary School
Permit No: NCO066788
Buncombe County
Enclosed please find a copy of the Compliance Evaluation Inspection form from the
inspection conducted on November 17, 2008. The facility was found to be in Compliance with
permit NC0066788.
Please refer to the enclosed inspection report for additional observations and comments.
If you or your staff should have any questions, please call me at 828-296-4500 extension 4662.
Sincerely,
Wanda P. Frazier
Environmental Specialist
Enclosure
cc: Ken Henson, ORC - RPB Systems, Inc.
Bob Barr - RPB Systems, Inc.
Central Files
� QNe
'+ a;eU�II�e=FIIeS`- G:\1NPD'A�TAIDEMWQ1Brtbe16678;8 Fa[wiewElementary\66788 GE 21,0coct1orthCarolina
2090 US Hwy 70, Swannanoa, NC 28778 Telephone: (828) 29674500 Fax: (828) 299-7043 Customer Service 1-877-623-6748
United States Environmental Protection Agency
Form Approved.
PA Washington, D.C. 20460
OMB No. 2040-0057
Water C'©ftNance Inspection Report
Approval expires 8 31 98
Section A: National Data System Coding (i.e., PCS)
Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type
1 L NI 2 LI 31 NCO066788 Ill 121 68/11/17 117 181 cI 19I SI 2_01
I— l t- J L
Remarks
211IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII1IIIIIIIIIII1 6
Inspection Work Days Facility Self -Monitoring Evaluation Rating B1 QA ------------- —------------ Reserved ----------- -----------
67I 1. o 169 701 z I 711 I 72I NI 731 I 174 751 I I I I I I 180
U 1
Section B: Facility Data
Name and Location of Facility Inspected (For Industrial Users discharging to POTW, also include
Entry Time/Date
Permit Effective Date
POTW name and NPDES permit Number)
12:20 PM 08/11/17
06/01/01
Fairview Elementary School
Exit Time/Date
Permit Expiration Date
1355 Charlotte Hwy
Fairview NC 28730
01:15 PM 08/11/17
10/12/31
Name(s) of Onsite Representative (s)/Titles(s)/Phone and Fax Number(s)
Other Facility Data
Name, Address of Responsible Official/Title/Phone and Fax Number
Contacted
No
Section C: Areas Evaluated During Inspection (Check only those areas evaluated)
Permit Operations & Maintenance iM Records/Reports . Facility Site Review
Effluent/Receiving Waters
Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary)
(See attachment summary)
Name(s) and Signature(s) of Inspector(s) Agency/Office/Phone and Fax Numbers Date
Wanda P Frazier ARO WQ//828-296-4500 Ext.4662/
%
1
�D
Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date
ti
EPA Form 3560-3 (Rev 9-94) Previous editions are obsolete.
Page # 1
NPDES yr/mo/day Inspection Type
3I N00066788 I11 12I 08/11/17 I17 18N
(cont.) 1
Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary)
Treatment Units / Process Control Testing / Effluent Data:
This facility consists of a Purestream metal package plant.
The activated sludge aeration basin process control data was as follows:
Temperature = 13.4 degrees Celcius
pH = 6.95 units
Dissolved Oxygen = 1.0 mg/I
Tip: The ideal level for dissolved oxygen in the aeration basin is generally 1 to 3 mg/l.
Seasonal changes in temperature require the adjustment of the aeration timer to achieve ideal
dissolved oxygen levels.
Settleable Solids = 400/1000 ml/I = 40%
The excess solids were pumped on 12/14/2008.
Tip: Using the settleability test, the return sludge pumping rate is usually set so that the
flow rate is approximately.equal to the percentage volumes occupied by the settleable solids
from the aeration basin after settling for 30 minutes in a settleometer. For example, a
settleability of 30% would generally indicate a recommended return sludge pumping rate of 30%.
Having the percent settleable solids (i.e. 30%) the same as the percent return sludge pumping
rate (i.e. 30%), allows for the solids balance in the plant to be maintained. If the plant
cannot handle that return sludge pumping rate, then wasting is probably recommended, unless
the sludge is too young.
The effluent data was as follows:
Dissolved Oxygen = —1.0 mg/I
pH = 6.95 units
Temperature = 13.4 degrees Celcius
Chlorine = 22 ug/I
The operator uses a Hach DR 2800 spectrophotometer to analyze the total residual'chlorine.
Page # 2
Permit: NCO066788
Inspection Date: 11/17/2008
Owner - Facility: Fairview Elementary School
Inspection Type: Compliance Evaluation
Records & Reports:
A review of the files indicates that the last compliance evaluation inspection was
conducted on 2-28-2007 by Janet Cantwell.
The permit expires on 12/31/2010. Please request a permit renewal 6 months prior to
expiration. A renewal notice will be mailed as a reminder.
The Annual Performance Report was filed for 2007. The 2008 report is due March 1, 2009.
The log book was present on -site and had good notation of daily events.
Operations & Maintenance / Summary:
The effluent appeared to be clear, indicating compliance with permit limits.
This facility appears to be well operated and maintained.
The operator, Mr. Ken Henson, was on -site during the inspection and is doing an excellent job.
Flow measurement:
The flow measuring device consists of an effluent 60 degree v-notch weir plate and a Stevens
model 61 R chart flow meter with totalizer. The meter was calibrated on 8-20-2008.
Page # 3
Permit: NC0066788 Owner - Facility: Fairview Elementary School
Inspection Date: 11/17/2008 Inspection Type: Compliance Evaluation
Permit
Yes
No
NA
NE
(If the present permit expires in 6 months or less). Has the permittee submitted a new application?
❑
❑
Cl
Is the facility as described in the permit?
50
❑
❑
❑
# Are there any special conditions for the permit?
❑
N
❑
❑
Is access to the plant site restricted to the general public?
®❑
❑
❑
Is the inspector granted access to all areas for inspection?
❑
❑
❑
Comment:
Type of bar screen
a.Manual
b.Mechanical
❑
Are the bars adequately screening debris?
®❑
❑
❑
Is the screen free of excessive debris?
❑
❑
❑
Is disposal of screening in compliance?
®❑
❑
❑
Is the unit in good condition?
®❑
❑
❑
Comment:
Equalization Basins
Yes
No
NA
NE
Is the basin aerated?
®❑
❑
❑
Is the basin free of bypass lines or structures to the natural environment?
®❑
❑
❑
Is the basin free of excessive grease?
a
❑
❑
Are all pumps present?
®❑
❑
❑
Are all pumps operable?
❑
❑
❑
Are float controls operable?
❑
❑
❑
Are audible and visual alarms operable?
®❑
Cl
❑
# Is basin size/volume adequate?
®❑
Cl
❑
Comment:
Aeration Basins
Yes
No
NA
NE
Mode of operation
Ext. Air
Type of aeration system
Diffused
Is the basin free of dead spots?
a
❑
❑
Are surface aerators and mixers operational?
Cl
❑
®
Cl
Page # 4
Permit: NCO066788 Owner - Facility: Fairview Elementary School
Inspection Date: 11/17/2008 Inspection Type: Compliance Evaluation
Aeration Basins
Yes
No
NA
NE
Are the diffusers operational?
❑
(❑
❑
Is the foam the proper color for the treatment process?
®❑
❑
❑
Does the foam cover less than 25% of the basin's surface?
❑
❑
❑
Is the DO level acceptable?
❑
❑
❑
Is the DO level acceptable?(1.0 to 3.0 mg/1)
n
n
n
Comment:
Secondary Clarifier
Yes
No
NA
NE
Is the clarifier free of black and odorous wastewater?
®❑
❑
❑
Is the site free of excessive buildup of solids in center well of circular clarifier?
❑
❑
53
❑
Are weirs level?
®❑
❑
❑
Is the site free of weir blockage?
12
❑
❑
❑
Is the site free of evidence of short-circuiting?
0
❑
❑
❑
Is scum removal adequate?
®
❑
❑
❑
Is the site free of excessive floating sludge?
®❑
❑
❑
Is the drive unit operational?
❑
❑
®
❑
Is the return rate acceptable (low turbulence)?
®❑
❑
❑
Is the overflow clear of excessive solids/pin floc?
®
❑
❑
❑
Is the sludge blanket level acceptable? (Approximately'/4 of the sidewall depth)
.❑
❑
❑
Comment:
Standby Power
Yes
No
NA
NE
Is automatically activated standby power available?
®
❑
❑
❑
Is the generator tested by interrupting primary power source?
❑
❑
❑
Is the generator tested under load?
®❑
❑
❑
Was generator tested & operational during the inspection?
®
❑
❑
❑
Do the generator(s) have adequate capacity to operate the entire wastewater site?
❑
❑
❑
Is there an emergency agreement with a fuel vendor for extended run on back-up power?
❑
❑
lim
❑
Is the generator fuel level monitored?
❑
❑
®
❑
Comment: The fuel source was recently converted from the on -site storage tank for
propane to a service line for natural gas.
Disinfection -Tablet
Yes
No
NA
NE
Page # 5
Permit: NCO066788
Inspection Date: 11/17/2008
Owner - Facility: Fairview Elementary School
Inspection Type: Compliance Evaluation
Disinfection -Tablet
Yes No
NA
NE -
Are tablet chlorinators operational?
In p
11
p
Are the tablets the proper size and type?
EM p
C3
1)
Number of tubes in use?
2
Is the level of chlorine residual acceptable?
p
Q
Is the contact chamber free of growth, or sludge buildup?
r rip
p
Is there chlorine residual prior to de -chlorination?
p
❑
11
Comment:
_
Yes No
NA
NE
Type of system ?
Tablet
Is the feed ratio proportional to chlorine amount (1 to 1)?
M
0
p
Q
Is storage appropriate for cylinders? .
p
p
# Is de -chlorination substance stored away from chlorine containers?
R
❑
Comment:
Are the tablets the proper size and type?
®
p
Cl
p
Are tablet de -chlorinators operational?
®0
p
p
Number of tubes in use?
3
Comment:
Effluent Pipe
Yes
No
NA
NE
Is right of way to the outfall properly maintained?
13
Are the receiving water free of foam other than trace amounts and other debris?
MOO
❑
If effluent (diffuser pipes are required) are they operating properly?
p
Q
®
p
Comment:
Operations & Maintenance
Yes
No
NA
NE
Is the plant generally clean with acceptable housekeeping?
❑
p
Does the facility analyze process control parameters, for ex: MLSS, MCRT, Settleable Solids, pH, DO, Sludge ®❑
❑
p
Judge, and other that are applicable?
Comment:
Page # 6
., ^4
i
-If 6.
,f R '��I y
BUNCOMBE COUNTY PUBLIC
SCHOOLS
MAINTENANCE DEPARTMENT
175-BINGHAM RD., ASHEVILLE, NC 28806
TELEPHONE (828) 232-4244
i---- — ' FAX (828) 232-4249
2006
'ddATER C'- LiTI' ���; IOI�i F E S 2 6 2'Jv9
system Performance Annual Report
Wastewater Treatment Facility DENIM , WATT OUALIT
POINT SOURCE BRANC
I. General Information
• Facility/System Name: Fairview Elementary School
• Responsible Entity: Buncombe County School System
• Person in Charge: Belvin Hall Assistant Maintenance Director
• Telephone Number: (828) 232-4244
• Contract Operator in Responsible Charge: RPB Systems, Inc. -Robert Barr
• Telephone Number: (828) 251-1900
• Applicable Permit: NPDES N_.GLQ&6yRE:8j] Expires 12/31/2010
• Description of Treatment System:
The Fairview Elementary School wastewater treatment system is a 0.011 MGD
extended aeration package treatment system with influent pumps, equalization
basin, aerated sludge holding tank, chlorination and dechlorination equipment
and a flow recorder. This facility is located at the Fairview Elementary School, US
Highway 74 @ NCSR 2800 NW of Fairview, NC. The treated effluent discharges
into Cane Creek, part of the French Broad River Basin which is classified at C-
Trout waters.
II. Performance
• Summary of System Performance for 2008:
Page 1 of 3
This facility is well maintained and in good operation condition. Records are
being maintained as required by their NPDES permit. The treatment facility had
no violations of their permit in 2008.
The treatment facility experienced no overflows or spills during 2008.
• 2008 Monthly Compliance Summary
• January 2008-Compliant
• February 2008-Compliant
• March 2008-Compliant
• April 2008-Compliant
• May 2008-Compliant
• June 2008-Compliant
• July 2008-Compliant
• August 2008-Compliant
• September 2008-Compliant
• October 2008-Compliant
• November 2008-Compliant
• December 2008-Compliant
• Listed below are the month Discharge Monitoring Report parameters as reported
to the Division of Water Quality in 2008.
Flow
BOD
TSS
NH3N
Fecal
Jan
0.01
19.8
12.2
4.4
2
Feb
0.01
12.8
15.7
0.5
6
Mar
0.01
17.5
29.2
8.2
14
April
0.01
17.7
20.8
1.9
26
May
0.01
11.2
7.9
0.1
7
June
0.01
9.9
11.4
0.1
2
July
0.01
3.5
2
0.1
4
Aug
0.01
9.1
8.7
1.4
9
Sept
0.01
5.4
6
0.2
11
Oct
0.01
9.2
9.3
4.8
8
Nov
0.01
8.3
4.9
0.3
11
Dec
0.01
6.4
4.2
1.27
12.5
Permit
0.011
30/45
30/45
No
200/400
Limits
MGD
mg/I
mg/I
limit
col/100 ml
Page 2 of 3
Corrective Actions: No corrective actions were required during 2008.
• Environmental Impact: There was no observable environmental impact from this
treatment facility during 2008.
Notification:
The availability of this report to parents of students and staff will be forwarded
to them via posting of this report on school information boards, by memorandum
and through regular PTA meetings.
Certification
I certify under penalty of law that this report is accurate and complete to the best
of my knowledge. I further certify that this report has been made available to the
users or customers of this system and that those users have been notified of its
availability. I am aware that there are significant penalties for submitting false
information.
Signature tl D afe
Belvin Hall, Assistant Director
Buncombe County Schools Maintenance
Page 3 of 3
1►
RP B� SY
stems.
Construction Services • Contract Operations • Maintenance
May 14, 2007
Mr.. Roger Edwards
North Carolina Department of
Environmental Health and Natural Resources
Water Quality Section
2090 U.S. Highway 70
Swannanoa, NC 28778
Re: Notice of Violation
NOV-2007-LV-0223
NPDES Permit NCO066788 Buncombe County Schools
Fairview Elementary School
Buncombe County
Dear Mr. Edwards,
This letter is written on behalf of the Buncombe County Schools to provide information as to remedial
action taken to the above referenced facility. RPB Systems, Inc. is the contract operations firm, which
operates this facility.
The plant had a 9804/100ml daily maximum reported. on 4-26-07. We did not have an indication of a bad
sample at the time. time.The shortfall of low or no chlorine residuals leaving the facility is trapped bacteria
within the he nation chamber. We have tried to keep these chlorine/dechlorination chambers as clean
Permit: NC0066788 Owner - Facility: Fairview Elementary School
Inspection Date: 02/28/2007 Inspection Type: Compliance Evaluation
De -chlorination Yes No NA NE'
Comment:
Page # 6
lk
0� w fi TF Michael F. Easley, Governor
9Q William G. Ross Jr., Secretary
Q G North Carolina Department of Envsonr�ent and Natural esources.
7 t,
f or
AlaiW. imek P.Eire�t
QDivison'of aterQuality
Asheville Regional Office
SURFACE WATER PROTECTION
September 7, 2006
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7005 3110 0003 5474 0028
Marshall Roberts
Buncombe County Board of Education
175 Bingham Road
Asheville, North Carolina 28806
Subject: NOTICE OF VIOLATION
NOV-2006-LV-0431
Permit No. NCO066788
Fairview Elementary School WWTP
Buncombe County
Dear Mr. Roberts:
A review of Fairview Elementary School's monitoring report for June 2006 showed the
following violation:
Parameter
Date
Limit Value
Reported
Limit Type
Value
Coliform, Fecal MF, M-
06/27/06
400
600 #/100ml
Daily
FC Broth,44.5C
#/100ml
Maximum
Exceeded
Remedial actions should be taken to correct this problem. The Division of Water Quality may pursue
enforcement action for this and any additional violations of State law.
If you should have any questions, please do not hesitate to contact Janet Cantwell at 828/296-4500.
Sincerely,
Roger C. Edwards, Regional Supervisor
Surface Water Protection
Xc_ WQ Asheville Files
WQ Central Files --1
WQ Enforcement Files/Bob Guerra
Ken Henson/ORC, RPB Systems
2090 U.S. Highway 70, Swannanoa, N.C. 28778 828/296-4500 (Telephone) 828/299-7043(Fax) Customer Service 877-623-6748
N',rthCarolina
Nlltialaffil.
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
Asheville Regional Office
f�
August 25, 2006 �-,,�„ „
CERTIFIED MAAIL
RETURN RECEIPT REQUESTED 7005 0390 00013553 1343
Marshall Roberts
Buncombe County Board of Education
175 Bingham Road
Asheville, North Carolina 28806
SUBJECT: Notice of Violation and Assessment of Civil Penalty
for Violations of North Carolina General Statute (G.S.) 143-2.15.1(a)(6)
and NPDES Permit NCO066788
Buncombe County Board of Education
Fairview Elementary School
Case No. LV-2006-0316
Buncombe County
Dear Mr. Roberts:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $476.82
($350.00 civil penalty + $126.82 enforcement costs) against Buncombe County Board of
Education.
This assessment is based upon the.following facts: a review has been conducted of the discharge
monitoring report (DMR) submitted by Buncombe County Board of Education for the month of
March 2006. This review has shown the subject facility to be in violation of the discharge
limitations and/or monitoring requirements found in NPDES Permit NC0066788. The violations
which occurred in March 2006 are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that Buncombe County Board of
Education violated the terms, conditions or requirements of NPDES Permit NCO066788 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).
Based upon the above findings of fact and conclusions of law, and in accordance with authority
provided by the Secretary of the Department of Environment and Natural Resources and the
Director of the Division of Water Quality, I, Roger C. Edwards, Division of Water Quality
Regional Supervisor for the Asheville Region, hereby make the following civil penalty assessment
against Buncombe County Board of Education:
2090 U.S. Highway 70, Swannanoa, NC 28778 Phone: (828) 296-4500 FAX:299-7043 Customer Service 1- 800 623-7748
n„o
I of the 1 violations of G.S. 143-215. 1 (a)(6)'and NPDES Permit No.
$100.00 NC0066788, by discharging waste water into the waters of the State
in violation of the Permit Daily Maximum limit for BOD.
1 of the 1 violations of G.S. 143-215. 1 (a)(6) and NPDES Permit No.
$250.00 NC0066788, by discharging waste water into the waters of the State
in violation of the Permit Monthly Average limit for BOD.
$350.00 TOTAL CIVIL PENALTY
$126.82 Enforcement Costs
$476.82 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 days of receipt of this notice, you must do one of the following:
Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environment and Natural
Resources (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:
Point Source Compliance/Enforcement Unit
Division of Water Quality
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
OR
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 Quality 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 the Division of Water Quality 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 Quality also requests that
you complete and submit the enclosed "Justification for Remission Request." Both forms should
be submitted to the following address:
Point Source Compliance/Enforcement Unit
Division of Water Quality
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
11 7
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 original and one (1) copy of the petition must be filed with the Office
of Administrative Hearings. The petition may be faxed - provided the original and one copy of the
document is received in the Office of Administrative Hearings within five (5) business days
following the faxed transmission. The mailing address for the Office of Administrative Hearings
is:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, North Carolina 27699-6714.
Telephone (919) 733-2698 Facsimile: (919) 733-3478
and
Mail or hand -deliver a copy of the petition to
General Counsel
Department of Environment and Natural Resources
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 Janet Cantwell of the Water Quality staff of the Asheville
Regional Office at 828-296-4500.
Sincerely,
Roger C. Edwards, Regional Supervisor
Surface Water Protection
Asheville Regional Office
ATTACHMENTS
cc: Regional Supervisor, w/ attachments
Enforcement Files, w/ attachments
Central Files, w/ attachments
Kenneth Henson/ORC, w/ attachments
JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: LV-2006-0316 County: Buncombe
Assessed Party: Buncombe County Board of Education
( Fairview Elementary School)
Permit No. NC0066788 Amount Assessed: $476.82
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 -Rearing, 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 applies. 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. 14313-282.1(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:
STATE OF NORTH CAROLINA
COUNTY OF BUNCOMBE
IN THE MATTER OF ASSESSMENT )
OF CIVIL PENALTIES AGAINST )
BUNCOMBE COUNTY BOARD OF EDUCATION
(FAIRVIEW ELEMENTARY SCHOOL)
PERMIT NO. NCO066788
DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
WAIVER OF RIGHT TO AN
ADMINSTRATIVE HEARING AND
STIPULATION OF FACTS
FILE NO. LV-2006-0316
Having been assessed civil penalties totaling $476.82 for violation(s) as set forth in the
assessment document of the Division of Water Quality dated August 25, 2006, 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 Quality 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
ADDRESS
TELEPHONE
SIGNATURE
20
11
ATTACHMENT A
Buncombe County Board of Education
CASE NUMBER: LV-2006-0316
PERMIT: NCO066788
FACILITY: Fairview Elementary School
COUNTY: Buncombe
REGION: Asheville
Limit Violations
MONITORING
OUTFALL/
VIOLATION
UNIT OF
CALCULATED
% OVER
PENALTY REPORT
PPI
LOCATION PARAMETER
DATE FREQUENCY
MEASURE LIMIT
VALUE
LIMIT VIOLATION TYPE
$100.00 3-2006
001
Effluent BOD
03/09/06 Weekly
mg/I 45
140
211.11 Daily Maximum Exceeded
$250.00 3-2006
001
Effluent BOD
03/31/06 Weekly
mg/1 30
46.5
61.67 Monthly Average Exceeded
t
DIVISION OF WATER QUALITY - CIVIL PENALTY ASSESSMENT (FILE)
Violator: Buncombe Countv Board of Education (Fairview Elementary School)
(NC0066788)
County: Buncombe
Case Number: LV-2006-0316
ASSESSMENT FACTORS
As required by G.S. 143-214.6A(c), in determining the amount of the penalty 1, Aered the factors
set out in G.S. 143B-282.1(b), which are:
1) The degree and extent of harm to the natural rr�� r ' �� `\Ic health, or to
rivate roe resulting from the violation;
P property rh' g �
Any discharge above allowable limits to surface w",
2) The duration and gravity of the violation;
The violations include one daily maximum for BOD of 140 mg/L with a daily maximum limit of 45
mg/L and a monthly average BOD of 48.5 mg/L with a monthly average limit for BOD of 30 mg/L.
3) The effect on ground or surface water quantity or quality or on air quality;
All NPDES permit effluent violations are detrimental to the receiving stream.
The daily maximum and monthly average for BOD were in excess of the allowable discharge limit.
4) The cost of rectifying the damage;
The cost is not quantifiable but is assumed to be de minimus.
5) The amount of money saved by noncompliance;
The amount of money saved would be included in the cost of operations and managing solids.
6) Whether the violation was committed willfully or intentionally;
The violation was inadvertent; however, it still had an effect on the receiving stream.
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 was one violation for a daily maximum of TSS for 12/05's DNM.
8) The cost to the State of the enforcement procedures.
$126.82
ate Rog C. Edwards, Regional Supervisor
Surface Water Protection
Asheville Regional Office
pc DNA rF,p
1
` ,�o>
Michael F. Easley, Governor
North Carolina Depa nn—VEMf
William G. RpsgJrr Secretary
E iron tnt and Natural Resources
Ala ..ezSlim&P E Director
Division of Water Quality
Asheville Regional Office
SURFACE WATER PROTECTION
July 5, 2006
CERTIFIED MAIL
RETURN RECEIPT REQUESTED '7005 0390 00013553 0957
Marshall Roberts
Buncombe County Board of Education
175 Bingham Rd
Asheville NC 28806
Subject; NOTICE OF VIOLATION
Permit No. NCO066788
Fairview Elementary School
Buncombe County
Dear Mr Roberts:
A review. of Fairview Elementary School's monitoring report for April 2006 showed the following
violations:
Parameter
Date
Limit Value
Reported Value
Limit Type
Solids, Total Suspended
04/30/06
30 mg/I
32.25 mg/I
Monthly
Average
Exceeded
Remedial actions should be taken to correct this problem. The Division of Water Quality may pursue
enforcement action for this and any additional violations of State law.
To prevent further action, carefully review these violations and deficiencies and respond in writing to this office
within 15 working days of receipt of this letter. You should address the causes of non-compliance and all
actions taken to prevent the recurrence of similar situations. If there are questions, please contact Mr. James
Reid at 828/296-4500.
Sincerely,
XI Ro r C. Edwards, Regional Supervisor
S rface Water Protection
Enclosure
cc: WQ Central Files
Danny Smith, Compliance Oversight
No,o e Carollpa
2090 U.S. Highway 70, Swannanoa, N.C. 28778 828/296-4500 (Telephone) 828/299-7043(Fax) Customer service 877-623-6748 Na&rallly
I/- - L-v- 935
EFFLUENT
NPDESPERMITNO. NCO066788 =
DISCHARGE NO. 001 MONTH Ap r i I' YEAR 2006
FACILITYNAME Buncombe Co. Sch.-Fairview Elementar(2LAG1sedH COUNTY . Buncombe
OPERATOR IN RESPONSIBLE CHARGE (ORC) Ken Henson GRADE III -PHONE (828)-251-1900
CERTIFIED LABORATORIES (1) Pace Analytical (2)
CHECK BOX IF ORC HAS CHANGED L XJ PERSON(S) COLLECTING SAMPLES Ken Henson
Mail ORIGINAL and ONE COPY to:
ATTN: CENTRAL FILES
DIVISION OF WATER QUALITY
1617 MAIL SERVICE CENTER
RALEIGH, NC 27699-1617
x
BY THIS SIGNATURE,1 CERTIFY THAT THIS REPORT IS
ACCURATE AND COMPLETE TO THE BEST OF MY KNOWLEDGE,
I 1.
50050
0010
0400
0060
0310
0610
0530
1616
F
FLOW
W
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A
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Fv
INF ❑
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=
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12
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HRS
HRS
Y/B/N
MGDD
gree
S.U.
UGL
MG/L
MG/ L
MG/I#
100
L
4
200
0.6
Y
6
020
0.9
Y
28.0
8
10
200
1.5
Y
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16
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0 7
Y
0 0080
20 0
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28 0
15 0
1 1
34 0
20.0
20
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0 5
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I
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24
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AVERAGE
0.0090
17.3
0.0
24.5
0.9
32.3
9.4
a
�
MINIMUM
0.0080
15.2
6. 4
2 8. 0
15.0
0.7
21. 01
<1. 0
Cr?mp ��/ril all \), ,. •'
V
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Monthly Limit 1
0.0120
28.
000.
0. 00
1 1
3 0.0
00. 0
DWQ Fonn MR-1.1 (01/00)
Facility Status - please check one of the following:
All monitoring data and sampling frequencies meet permit requirements
Compliant IL -
Monitoring data and/or sampling frequencies do NOT meet permit requirements Noncompliant
If the facility is noncompliant, please comment on corrective actions being taken in respect to couinrn,nr nnernrinn ,.,,i.,r..,.o
providing a time table for com letion of improvements.
"I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance
with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquire of
the person or persons who manage the ,system, or those persons directly responsible for gathering the information, the information
submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for
submitting false information, including the possibility of fines and imprisonment for knowing violations."
Buncombe County Schools
Pert£tittee_/(Pleas grint or type) t P
2-7 era
Signature of Permittee Datc
167 Craven Street Asheville, NC 28806 (828)-232-4244 !A1 3IIE(�
Perrnittee Address Phone Number Permit Expiration bate
CODE_ S
........-.PARAMETER._._...
00010 Temperature
00076 Turbidity
.
00080 Color (Pt -Co)
00082 Color (ADMI)
_ _.... ,_... .
00095 Conductivity
00300 Dissolved Oxygen
00310 BODE
00340 COD
00400 pH
00530 TSS
00545 Settleable Matter
00556 Oil & Grease
00600 Total Nitrogen
00610 Ammonia Nitrogen
00625 Kjcldhal Nitrogen
00630 NinaiesJNinites
00665 Total Phosphorus
00720 Cyanide
00745 Total Sulftdc
00927 Total Magn cstum
00929 Total Sodium
66940 Total Chloride
00951 Total Fluoride
01002 Total Arsenic
.
01027 Cadmium
....
01032 Hexavalcnt Chromium
01034 Chromium
01037 Total Cobalt
_...
01042 Co r
_...... PPS ....... .
01045 Iron
01051 Lead
01067 Nickel
01oil Silvcr
01092 Zinc
01 105 Aluminum
01 147 Selenium
31616 Fecal Coliform
32730 Total Phenolics
34225 Ben2ene
_._l
...._dual
34481 Toluene
38260 MBAS
39516 PCBs
50050 Flow
50060 Residual Chlorine
71880 Formaldehyde
71900 Mercury ........
81551 Xyleno
Parameter Code assistance may be obtained by calling the Division's Point Source Compliance/Enforccmcnt Unit at (919) 733-5083 or
by visiting the NPDES web site at httv://h2o.ertr.state.nc.us/NPDES and visiting the "Documents" section.
The monthly average for -fecal coliform is to reported as a GEOMETRIC mean. Use only units designated in the reporting facility's
permit for reporting data.
ORC must visit facility and document visitalion of facility as required per 15A NCAC 8A .0202 (b) (5) (B).
If signed by other than the permince, delegation of signatory authority must be on file with the state per 15A NCAC 2B .0506 (b) (2)
(D)•
D WQ Form MR- ]A ] (Revised 7/2000)
RPB Systems
Construction Services • Contract Operations - Maintenance
March 16, 2006
North Carolina Division of Water Quality
Central Files
1617 Mail Service Center
Raleigh, NC 27699-1617
MVIX.rpbsystems.com
P.O. Box_1325-• Asheville, NC 28802
iL VR) 251-1900 �° (828) 251-1945 Fax
MAR 1 7 2006
A,� :L-
Re: 2005 Annual Performance Report- Buncombe County Schools- Fairview Elementary
School NCO066788
As per the requirement within NPDES permit NCO066788 this letter is to provide a
summary of the performance of our wastewater treatment system with respect to
applicable Federal and State laws, and regulations and rules pertaining to water quality.
A summary of our monthly reporting results is a follows:
Flow
BOD
TSS
NH3N
Fecal
Jan
0.0075
8.8
6.8
6.2
1.0
Feb
0.008
14.3
15.2
6.5
1.0
Mar
0.0076
8.0
9.7
1.7
1.0
April
0.008
5.0
9.2
0.7
2.9
May
0.008
7.0
8.2
0.8
1.2
Jun
0.0047
2.3
5.7
0
2.2
Jul
0.004
2.3
3.2
0
1.4
Aug0.006
11.4
8.9
3.2
6.8
Set
0.008
3.5
5.8
1.8
1.7
Oct
0.0077
2.0
6.7
0.4
1.4
Nov
0.0098
9.0
6.9
0.7
1.2
Dec
0.0074
15.2
23.6
4.5
1.7
Permit
011
Limits
MGD
30145
30145
200/400
The facility had a one TSS violation in December with a Max of 46.
If you have any questions or concerns, please contact us anytime.
VobeTBarr
Cc: Belvin Hall, Buncombe County Schools
Oa0F W A TFRQ
November 17, 2005
Mr Belvin Hall
Buncombe County Board of Education
167 Craven Street
Asheville, North Carolina 28806
ichael F: Easle , �'iov�ernor
Iliam SG. Ross Jr,:• Secretary
North Carolina Departmenvof Enviroi meat 6-d' aturd rces
Subject: Compliance Evaluation Inspection
Status: In Compliance
Fairview Elementary School
Permit # NCO066788
Buncombe County
Dear Mr. Talbert:
Alan W. Klimek, P.E. Director
Division of Water Quality
Enclosed please find a copy of the Compliance Evaluation Inspection from the inspection conducted on
November 2, 2005 by Don Price, Starr Silvis, and Janet Cantwell of this office. The facility was well -
maintained and appeared to be operating within permit limits at the time of the inspection.
If you have any questions or need assistance, please do not hesitate to contact me at 828-296-4500.
Sincerely,
y
Ja t Cantwe
nvironmental Technician
Xc: Central Files
Robert Barr, ORC
North Carolina
Natimally
North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, NC 28778 Phone (828) 296-4500 Customer Service
Internet: h2o.enr.state.nc.us FAX (828) 299-7043 1-877-623-6748
An Equal Opportunity/Affirmative Action Employer— 50% Recycledl10% Post Consumer Paper
United States Environmental Protection Agency
EPA Washington, D.C. 20460 Form Approved.
OMB No. 2040-0057
Water Compliance Inspection Report Approval expires 8-31-98
Section A: National Data System Coding (i.e., PCS)
Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type
1
I NI 2 I SI 31 N00066788 111 12I 05/11/02 117 18I CI 191 SI 20I II
Remarks
211
�6
Inspection Work Days Facility Self -Monitoring Evaluation Rating B1 QA --------------------------Reserved---------------------
671 169 70I 3 I 711 NJ 72I N I 73I I 174 75I I I I I I I 180
Section B: Facility,Data
Name and Location of Facility Inspected (For Industrial Users discharging to POTW, also include
POTW name and NPDES permit Number)
Entry Time/Date
Permit Effective Date
Fairview Elementary School
03:45 PM 05/11/02
01/02/01
1355 Charlotte Hwy
Exit Time/Date
Permit Expiration Date
Fairview NC 28730
04:15 PM 05/11/02
05/10/31
Name(s) of Onsite Representative(s)[Titles(s)/Phone and Fax Number(s)
Other Facility Data
Richard Morgan Swilling/ORC/828-251-1900/
Name, Address of Responsible Official/Title/Phone and Fax Number
Belvin Hall,167 Craven St Asheville NC 28806//828-232-4244/ Contacted
No
Section C: Areas Evaluated During Inspection (Check only those areas evaluated)
Permit N Flow Measurement Operations & Maintenance E Records/Reports
Self -Monitoring Program 0 Facility Site Review ■ Effluent/Receiving Waters
Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary)
(See attachment summary)
Name(s) and Signature(s) of Inspectors) Agency/Office/Phone and Fax Numbers Date
Janet Cantwell ARO WQ//828-296-4500 Ext.4667/ _
Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date
EPA Form 3560-3 (Rev 9-94) Previous editions are obsolete.
Page # 1
NPDES yr/mo/day Inspection Type
3I NCO066788 I11 12I 05/11/02 I17 18ICI
Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary)
Don Price, Starr Silvis, and I met with operators Bob Barr and Rick Swilling on site. The facility appeared to
be clean and well -maintained.
Bob Barr and Rick Swilling's time and assistance in conducting the inspection is appreciated.
Page # 2
i - Y
Permit: NCO066788 Owner - Facility: Fairview Elementary School
Inspection Date: 11/02/2005 Inspection Type: Compliance Evaluation
Permit
Yes
No
NA NE
(If the present permit expires in 6 months or less). Has the permittee submitted a new application?
■
D
❑
Is the facility as described in the permit?
■
D
D
D
# Are there any special conditions for the permit?
❑
■
D
D
Is access to the plant site restricted to the general public?
■
(]
D
D
Is the inspector granted access to all areas for inspection?
■
D
D
D
Comment: The permit will expire on December 31, 2005. The renewal application
was received in Raleigh on March 8, 2005.
ORerations & Maintenance
Yes
No
NA
NE
Is the plant generally clean with acceptable housekeeping?
■
D
D
D
Does the facility analyze process control parameters, for ex: MLSS, MCRT, Settleable Solids, pH, DO, Sludge
■
D
D
D
Judge, and other that are applicable?
Comment:
Bar Screens
Yes
No
NA
NE
Type of bar screen
a.Manual
■
b.Mechanical
rl
Are the bars adequately screening debris?
■
❑
❑
❑
Is the screen free of excessive debris?
■
D
❑
❑
Is disposal of screening in compliance?
■
❑
D
❑
Is the unit in good condition?
■DD❑
Comment:
gualization Basins
Yes No
NA
NE
Is the basin aerated.?
Is the basin free of bypass lines or structures to the natural environment?
■
❑
D
Is the basin free of excessive grease?
■
❑
❑
D
Are all pumps present?
■
❑
❑
❑
Are all pumps operable?
■
❑
D
❑
Are float controls operable?
❑
❑
❑
■
Are audible and visual alarms operable?
❑
❑
❑
■
# Is basin size/volume adequate?
❑
❑
❑
■
Comment:
Page # 3
Permit: NCO066788
Inspection Date: 11/02/2005
Owner - Facility: Fairview Elementary School
Inspection Type: Compliance Evaluation
Secondary Clarifier
Yes
No
NA NE
Is the clarifier free of black and odorous wastewater?
■
Is the site free of excessive buildup of solids in center well of circular. clarifier?
❑
❑
■
Are weirs level?
■
❑
n
Is the site free of weir blockage?
■nnn
Is the site free of evidence of short-circuiting?
■
f1
Is scum removal adequate?
■nnn
Is.the site free of excessive floating sludge?
■
n
n
n
Is the drive unit operational?
❑
❑
■
f_1
Is the return'rate acceptable (low turbulence)?
■
Is the overflow clear of excessive solids/pin floc?
■
n
n
n
Is the sludge blanket level acceptable? (Approximately %4 of
the sidewall depth)
❑
n
F_1
■
Comment:
Aeration Basins
Yes
No
NA
NE
Mode of operation
Ext.
Air
Type of aeration system
Diffused
Is the basin free of dead spots?
■
n
n
n
Are surface aerators and mixers operational?
❑
❑
■
Are the diffusers operational?
■nnn
Is the foam the proper color for the treatment process?
■
❑
❑
❑
Does the foam cover less than 25% of the basin's surface?
■
❑
n
n
Is the DO level acceptable?
0
❑
❑
■
Is the DO level acceptable?(1.0 to 3.0 mg/1)
n
❑
❑
■
Comment:
Disinfection -Tablet
Yes
No
NA
NE
Are tablet chlorinators operational?
■
❑
❑
❑
Are the tablets the proper size and type?
■
❑
❑
❑
Number of tubes in use?
2
Is the level of chlorine residual acceptable?
❑
❑
❑
■
Is the contact chamber free of growth, or sludge buildup?
■
❑
❑
❑ `
Page # 4
Permit: NC0066788 Owner- Facility: Fairview Elementary School
Inspection Date: 11/02/2005 Inspection Type: Compliance Evaluation
Disinfection -Tablet
Yes
No
NA NE
Is there chlorine residual prior to de -chlorination?
n
n
n
■
Comment:
De -chlorination
Yes
No
NA NE
Type of system ?
Tablet
Is the feed ratio proportional to chlorine amount (1 to 1)?
■
p
0
f_1
Is storage appropriate for cylinders?
rl
n
■
# Is de -chlorination substance stored away from chlorine containers?
■
n
n
n
-Comment:
Are the tablets the proper size and type?
■
❑
❑
❑
Are tablet de -chlorinators operational?
■
Number of tubes in use?
g
Is the feed ratio proportional to chlorine appropriate? (Approximately ratio 1:1)
■
Comment:
Flow Measurement - Effluent
Yes
No
NA
NE
# Is flow meter used for reporting?
■
n
00
Is flow meter calibrated annually?
■
❑
❑
❑
Is the flow meter operational?
■
n
011
(If units are separated) Does the chart recorder match the flow meter?
■
n
n
n
Comment: Facility has an independent contractor come by and. calibrate the flow
meter on an annual basis.
Record Keeping
Yes
No
NA
NE
Are records kept and maintained as required by the permit?
■
❑
❑
11
Is all required information readily available, complete and current?
■
n
n
n
Are all records maintained for 3 years (lab. reg. required 5 years)?
p
El
❑
■
Are analytical results consistent with data reported on DMRs?
n
n
n
■
Is the chain -of -custody complete?
❑
❑
❑
■
Dates, times and location of sampling
rl
Name of individual performing the sampling
Results of analysis and calibration
rl
Dates of analysis
Page # 5
a
Permit: NCO066788
Inspection Date: 11/02/2005
Record Keeping
Name of person performing analyses
Transported COCs
Are DMRs complete: do they include all permit parameters?
Owner - Facility: Fairview Elementary School
Inspection Type: Compliance Evaluation
Has the facility submitted its annual compliance report to users and DWQ?
(If the facility is = or > 5 MGD permitted flow) Do they operate 24/7 with a certified operator on each shift?
Is the ORC visitation log available and current?
Is the ORC certified at grade equal to or higher than the facility classification?
Is the backup operator certified at one grade less or greater than the facility classification?
Is a copy of the current NPDES permit available on site?
Facility has copy of previous year's Annual Report on file for review?
Comment: There is no record of the annual compliance report in the files.
n
n
Page # 6
■ Cc to items 1, 2,, aritl 3.
A. Si nature
■ Prin your name and address on the reverse
J '�
so that we can return the card to you.
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rMr. R. Belvin Hall, Assistant Director
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Buncombe County
Board of Education Maintenance
ressdi
175 Bingham Road
Asheville NC 28806
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Postage PS Form; 3811,1July 2015 PSN 7530=02-000-9053AtOL/, p? _ LV � Oj �� Domestic Return eipt
i I Mr. R. Belvin Hall, Assistant Director
i Buncombe County
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• Sender: Please print your name, address, and ZIP+40 in this box -
Postal Service
Certified Mail service provides the following benefits•
■ A receipt (this portion of the Certified Mail label).
for an electronic return receipt, seem
■ A unique idenfifier for your mailpiece.
associate for assistance. To receive ra
■ Electronic verification of delivery or attempted
return receipt for no additional fee, present ti
delivery.
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retail associate.
Restricted delivery service, which provides
-- ---- — for a specified period.
delivery to the addressee specified by name,
to the addressee's authorized agent
Important Reminders.
Adult signature service, which requires the
■ You may purchase Certified Mail service with
signee to be at least 21 years of age (not
First -Class Mai10, First -Class Package Service°,
available at retail.
or Priority Mails service.
Adult signature restricted delivery service, wl
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requires the signee to be at least 21 years of
international mail.
and provides delivery to the addressee speci
■ Insurance coverage is not available for purchase
by name, or to the addressee's authorized ac
with Certified Mail service. However, the purchase
(not available at retail.
of Certified Mail service does not change the
■ To ensure that your Certified Mail receipt is
insurance coverage automat tally included with
accepted as legal proof of mailing, it Should be
certain Priority Mail items.
USPS postmark. If you would like a postmark o
■ For an additional fee, and with a proper
this Certified Mail receipt, please present your
endorsement on the mailpiece, you may request
Certified Mail item at a Post Office'" for
the following services:
postmarking. If you don't need a postmark an t
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of dplivpry rinrL Winn the —.inipnt'c clnnstl lrP)_
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so -that we_ran-return_the-carritn v�u-__ _ �_� -Name) C. Date of Deliver
North Carolina Department of
Environment and Natural Resources ` 2-7 02
2090 U.S. Highway 70, Swannanoa, Nc 28778 rent from item 1? ❑ Yes
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NCDENR l C. o�,, (� �
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Postage & Fees
LISPS A
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swaN NaNc 0 A unique identifier for your mailpiece
—� ■ A record of delivery kept by the Postal Service for two years
Important Reminders:
■ Certified Mail may ONLY be combined with First -Class Maile or Priority Maile
■ Certified Mail is not available for any class of international mail.
■ NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. For
valuables, please consider Insured or Registered. Mail.
■ For an additional fee, a Return Receipt may be requested to provide proof of
delivery. To obtain Return Receipt service, please complete and attach a Return
Receipt (PS Form 3811) to the article and add applicable postage to colter the
fee. Endorse mailpiece "Return Receipt Requested'. To receive a fee waiver for
a duplicate return receipt, a USPS® postmark on your Certified Mail receipt is
required.
■ For an additional fee, delivery may be restricted to the addressee or
addressee's authorized agent. Advise the clerk or mark the mailpiece with the
endorsement 'Restricted Delivery".
■ If a postmark on the Certified Mail receipt is desired, pease present the arti-
cle at the post office for postmarking. If a postmark on the Certified Mail
receipt is not needed, detach and affix label with postage and mail.
IMPORTANT: Save this receipt and present it when making an Oquiry.
PS Form 3800, August 2006 (Reverse) PSN 7530-02-000-9047
7005 3110 0003 54?44 0028
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t• Certified Ma Itmay ONLY be combined with First -Class Mail® or Priority Mail
■ Certified Mail is notavailable for any class of intematfonal mall.
■ NO INSURANCE COVERAGE IS PROVIDED with CertifieGt� Mail. For valuables, please consider Insured or Registered Mail.
■ For an additional fee, a Return Rec�e)pt may be requested to provide proof of
delivery. To obtain Return Receipt seMce, p ease complete and attach a Return Receipt ors Fonn le I I to the article and add applicable postage to cover the
fee. Endorse mailpiece 'Return Receipt Requested". To receive I fee waNer for
ad plicate return receipt, a USPS® postmark on your Certified Mail receipt. is
regwred. p ,'
■ For an additional fee, delivery may be restricted to the addressee or
addressee's authorized a ent. Advise the clerk or mark the mailpiece with the
endorsement "RestrictedDefivery°
■ If a postmark on the Certified Mail receipt is desired, please present the arti-
cle at the post office for postmarking. If a postmark on the Certified Mail
receipt is not needed, detach and affix label with postage and mall.
IMPORTANT: Save this receipt and present it when making an Inquiry.
Internet access to delivery information is not available on mail
addressed to APOs and FPOs.
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UNITED STATES POST(S*EIk.lµ
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• Sender: Please print your
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■ A unique identifier for your mailpiece
■ A record of delivery kept by the Postal Service for two years
Important Reminders.
■ Certified Mail may ONLY be combined with First -Class Mail® or Priority Mail
■ Certified Mail is not available for any class of international mail.
. ■ NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. For
valuables, please consider Insured or Registered Mail.
■ For an additional fee, a Return Receipt mad be requested to provide proof of
delivery. To obtain Return Receipt service, please complete and attach a Return Receipt (PS Form 3811) to the article and add applicable postage to cover the
fee. Endorse mailpiece "Return Receipt Requested". To receive a fee waiver for
a duplicate return receipt,.a USPSe postmark on your Certified Mail receipt is
q
■ For an additional fee, delivery may be restricted to the addressee or
addressee's authorized aunt. Advise the clerk or mark the mailpiece with the
endorsement "Restricted�eiivery':
in If a postmark on the Certified Mail receipt is desired, please present the arti-
cle at the post office for postmarking. If a postmark on the Certified Mail
receipt Is not needed, detach and affix label with postage and mail.
IMPORTANT: Save this receipt and present it when making an inquiry.
Internet access to delivery information is not available on mail
addressed to APOs and FPOs. .
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i 7,0051-0391©1r4g01 a5531.0,j57S;Form 381,1, FebrUary•2004 t e , rPomestic;Return Receipt 10259502-M-15�
UNITED STATES POSTAL ERVICELLE NC
• Sender: Please print your name,
Certified Mail Provides: (asianay) zooz sunAw0=1 sd
■ A mailing receipt
■ A unique identifier for your mailpiece
■ A record of delivery kept by the Postal Service for two years
'mportant Reminders:
Certified Mail may ONLY be combined with First -Class Mails or Priority Mails.
�i Certified Mail is not available for any class of international mail.
NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. For
valuables, please consider Insured or Registered Mail. _
For an additional fee, a Return Receipt may be requested to provide proof of
delivery. To obtain Return Receipt service, please complete and attach a Return
Receipt (PS Form 3B11) to the article and add applicable postage to cover the
fee. Endorse mailpiece "Return Receipt Requested". To
Ce ei Certified °feeilwaiv it for
a duplicate return receipt, a USPSe postmark
required.
For an additional fee, delivery may be restricted to the addressee or
addressee's authorized aunt. Advise the clerk or mark the mailpiece with the
endorsement "Restricted�elivery".
If a postmark on the Certified Mail receipt is desired, please preserit the arti-
cle at the post office .for postmarking. If a postmark on the Certified Mail
receipt is not needed, detach and affix label with postage and mail.
IMPORTANT: Save this receipt and present it when making an inquiry.
Internet access to delivery information is not available on mail
addressed to APOs and FPOs.