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'$ m y'Vest , , %���_r_ st, G01: went BOD,&Day(2_031190017 Daily Maximum 45 61-1 __ mgA 35-777__ 001 Effluent BM S-Day(2--0991300017 MonthlyAverage_ 30 33.98 _mgA 1325 _ t3Q1 Effluent Ghlodne.,Tota_0911412017 Daj Maximum— zs 31 ugll 10.714_INo on,8P.1 {1tt1 went Chlorine,Iota_OW7f2017 0 Daily Maximum 28 3-0 ugl# 7_1428__fda ALJicn BPJ al 'r d r ' ; r{ r u r tS 1,DI ate o A r d t J r d"IexiR it } f t f - Jos f � w+. tlu�6 } R{JY 0PEF I VOW Wct �=lett�cr 1 LA` TLPF1*PEt rv►► � r10$4, a t +t 1»Gsthlel Frac ar 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 C I V C m d C ` BELOW ~ tM O N '= O w d 7 C O. IG— ol0 vNO Z•EC) o Z M a)W V V ZO a a E N6U CLE CL I4 h o O a °� 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 2 0.5 Y no flow MEM 4 .25 Y no flow , s I' MAY 9. 1 2n141 8 0.5 Y 3 f 10 0.42 Y 33 ME 12 EM Ow 14 0.5 Y MWEN 1s 0.8 Y 0.0055 14.7 6.3 21 10.5 < 6.21 1.0 18 .5 Y < 1.0 20 z . A 22 0.5 Y kk t UIiLI 1 Y 24 0.5 Y 31 E E 26 a 28 0.67 Y , 30 0.42 Y 28 AVERAGE: j j00jl8q.) 15.5 28 11.9 1.1 10.3 4 E:. MINIMUM: 0.006 13.4 6.3 21 7.8 0.9 6.2 1 M s<" MIMMEM 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 GtiN'R;%V('.13uncombe\laxevattcr:M1tinnr;CPairview Flenv taq 6678&.NOV NRU'2014[.A 0355.doc d�"-.5+�:A'o�T..,,;.ev:NAkI E F t.i?x...��."5i�'&ki5.'G'+Y.° '£ -'3 .3J€;�"i..k�s,C .i.: '•. ' SLS sir) W � a a. m mmmm m ' aFO m ' 0 4 :7a � Q o A m I 'ID' m a a a i - M 1 0 Sz 0k y 7 ❑❑❑11 Cl 0 oll i sTr W cC: c c � s � El El El El El El Ft Hi No co i # E c c c en C) " ' ccm L co -A w (D a CFr W ,-+ Q � � � E21 ' s PCr SI7 C4 Ci7 4' L-j !J la p t] n 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 `- ci BELOWINF c 4)4) 0- 0 OE O 1.- CL Z c o w It w Z o 0 m>, w a ° d cm a Z oa O o ' 'a o` O e 0. An N adQo U p O U. HRS HRS Y/N MGD °C S.U. UGL MG/L MG/L MG/L #OOML MG/L MG/L MG/L MG/L UG/L MG/L MG/L 141,5 2 f 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 16 16 0825 0.33 Y 1,5 0830 ,0,50 IY,4J4 0 008 7 6,. 6' i 0 d'3�.. r. 0r 9, 20 0910 0.83 Y 20 x ::. 22 14351 0.33 Y 24 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 _ ! I Add 1It III irlts-3t J—CL .. I .,. I rifC} Pr — .. —Fe DM,Ru. iE3t. !!fn#� ycv8: �3E — HelpPiniSh .._...� , Cancel 2 Limit Violations found. ,Ready { SID:VLLP him �._ 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 • • ®® ENTER-PA,11TIETERZODE— ABOVE NAME• r UNITS ®� BELOW WmEmmmom rmmm mom, �31�� y` �"P���-�.' iY,��} t '�" �` VP� t;..�1s3� KG�-fls�.4.' ��£`Z !. 1.��'��^S��'-�'3"� ���'1-����'• � ���t�.a+�w+.�' a :a; �,c �i�oz-.stx�'`. � �� �zr fr �`. t.� ��.�kt ? .���k�Yr. `s����;�e��.r++��tii� �"�'��•a<i-����'��'��,--,� �� 1 0 �_?���c`�'=`t1.-.s� � �':7�f �� �e. �� �`��� �?e',�Cr��eJs''� .-r'.'�i�.`,•'����+:`n'���.F.r��dti?� S'.5...-6�� .c.+fiz5�i i,r� ® �^s � ��._ ��7�� ��v�� �� �"iF'a,��^�t"� `s�s ���ei' r`_.��r.I�`��.'..s;:s+{�la'F �.<'"���� a•:"�f1 SAC M1t �� ��"u51 ?��t3�Y41 ��r���P���' �. F'L.`��� y�7�•� � 5t:`l`•.�(54...�+��T�'�����u.d,iTl. ; ����YI.Y�Y�f SC-1,�t1�:ib.3���E - 0 �. ��� .. �-e==kY �.,� �� �k�� 59�ss .�.,:__.s•7��i� �'x.�,•��L�t�`�i���6Pds..�a1�'s.,-'��.G�`,n�� -'utY 5.`L ��SC ������'R��k �� - y.• �� ��z�� d ���fl'i�'Ti,'' Y ����5�;� 't63ay.a3.ivy� .��'��S�i. "3liFJ .�.���il,L 3A14A1J1tS'L•Yv"'�#R��i'�� 4.4 .0 ���� �� . ,3• � :_, � _..;e"� P 4 :,. � �+�� ;_�,,` - - :°3.rsv 3 `_ �. 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): $5,323.15 EFFLUENT NPDES NO: NCO066788 DISCHARGE NO: 001 MONTH: November YEAR: 2013 FACILITY NAME: Buncombe County Schools-Fairview Elem CLASS: II COUNTY: Buncombe OPERATOR IN RESPONSIBLE CHARGE(ORC): Richard Swilling GRADE: 11 Phone: 828-251-1900 CERTIFIED LABORATORIES(1): Pace Analytical (2) CHECK BOX IF ORC HAS CHANGED: PERSON(S)COLLECTING SAMPLES: Richard Swilllnlling,, �(�1 MAIL ORIGINAL AND ONE CMY IVCLJ ��- ATTN:CENTRAL FILE �J Division of Water Quality JAN 0 3 201 DENR X 1617 Mail Service Center Tii! r (SIGNATURE OF OPERATOR IN RESPON LE CHARGE) DATE Raleigh,NC 27699-1617 ENRA1, ILE BY THIS SIGNATURE,I CERTIFY THAT THIS REPORT IS ACCURATE AND COMPLETE TO THE BEST OF MY KNOWLEDGE J1 . 2 4 2 n u 50050 00010 00400 50060 00310 00610 00530 00300 00600 1 00665 32730 1 00720 01042 01082 FLOWuLN EFF X d ABOVE NAME AND UNITS INF I41 d E t_ W BELOW v p ci>dEo oxY`ci +C� M crn d 3 - 4)rn rCOo .0- 0or 4) w ZC 0 CL E 9 V! 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':'f. �]w'e,Y.�x `V��.s/ � '`f.2f � ,k h L'u' �5 '-A.m .4.. .TY.= S'Y ''a 18 16:57 .42 Y '. c.+k ....€�Sx',T„....+, „+�z_. ,a_�' •,�.. _i�,�.sas:.,+u- .i; t�. *s.:n.t R h e � :.��`_ ,�' r�:,,: 20 15:36 0.33 Y 28 ,._,;t c £ -s 3,.s,z ..4c� sY#Se t�4 '3'3k'Ez :'k v ,n�. .R-� F � S .:'.i _ .v�.��1r. .1,�,.8 s 42 Y v , .„ xsy..> , y. 22 15:52 0.42 Y wivi 310r) M 24 i25 ` r9'3'36 `;5$ Y' 6n0a �u 6` y( nr 8x J� yY ? xic y 4 Lai 3f 26 16:00 .33 1 Y 21 ZEN. 28 olida H Water C uality R,giona (sera Io is 22 30 -•..:3'1-��: i.;V,z, :�! s b,.:aM Sr y,r.> .�tre�.�>� of ��x Fy FS-�,.��v.�t�..,�;M,�2�,i �t��4,�.cH��.a4„ .�'2��`€r�•°s„x�.,r�+.�iµ �.�'�z.%} kw-''��3 7'�F��::�;,2� �#.r � azm���-w. 4��;s.�i�.�``�.",'m�`,"��., 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 s _'k ,F?..,.nx ,� .�.r ,�"s. _ VIP G t G N_ C �4�C .G r5tG` O` Gu .`E1{��...,v:,p:(. )..��.:,:s..,::.,. (r.�.`Y.h.�. ,..,s.,s�:::.�,xr��L-.Ss_ �'?+Gc�.�i�'.�,ALv:: r-.:�ZGS� s?.;�z,.Y,.s'�s.s a��2�..,.:•.�ss� .�a'?"i� ..:,-YrKa� ,rr �� �'�..,r.n.i.�n; 3Ga:"t`.,nv§�` x�'.,.yc <..,t._ .-c�; 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 CT:\WR\WQ\Buncombe\Wastew,,rter\Minors\r'airview Elementnry 66788\NOV-NR.L 201.4-I..,V-0041.doc u , '�*.,f ( `r n �"',a:: y^y,�;^7 i i ;,.� `tiy'rzffYr - v.�;,:k.{�• �r�sw�� -r��,.��.��3�sX `� '�� n � ���'.- =^`'a� � "u �; u,a •,�s; .... 001 Effluent I Qflorin ota_11/0512013 � t}aflyMaximum 2$ 33 UgA 17-857_No Action,BPJ' 001 Effluent Chic epTata_111CT6 2t3 t3 �?atdyMmdmum_ 28 30 ugh 7.1428_No�,SP.1 G01 went thta€ a Tuta—llll3f2D13 Daly Madmum 28 37 ugfi 32_142—NG AcUM BP.t t3t}1 Elffuent Cfdoriner,T 1111412013 Daffy Mmdmum_ 2#t 31 ugPi 10_714_No apt t3P t 001 Elffuent Chine,Tots_1#12512f113 Day taxirnum_ 28 34 ugft 21_ _N�Actiom BWPJ G09 went CaFifarm,Fec— 111Ct512 I3 try Ma)drTmm_ 400 _ 1t _#fIODrrd 16Z-5 M 001 went CaF F 1111 i 013 DaW M:a)' mum 400 —2420 _#'IGDird 5G5 _ �*� - r t � `�� z �r.r'` .C?; _ n✓�.j". � � �. — �^�y - "�i4 T�Q n�— w�����i a - -.—�,+m� °Htx �' — r ,.'.: ............. a �: '`o�.+�ca'�Zar< ""''��:,?a� u������ .t:�" x w"� x �� �.`^u'� �4 �.c�z�"a�` �. ."`�"�a �naT �.,, �azt•5. ...... B,�F�3LS3e� u - " `k;r k`u �u�.F,. n,� " '""�� .a�£•7f..�.� -r - '"w,`" .�,, ,�'' f rdw , °' tv^ a a'-{... y ��x�'� ,. u� � .f"a"`""'n3`-f� ,,.r,'ig, �' { t��s� - � r.� �t' �,� m �k�.> atr' :.u ,-way *„+r»�+�*-»»» � +fir � t✓�✓ Room, ,'w, , . r '€---- .- �:: a Mm•kA', v..s7 m't^a. , a , ?',ai.,.'^+.'„3sr - Wr4... ai.rx.r 1 '' _ 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 (!E- BELOW INF U C 4 c L c ? c = o°E o V • y =I. 0 = p a Y > p N Z W 0` , Z y O V 0) Q Q U►. L ,ad_+ C Z y O . O O OL M a Z m E L) to Q I--- n U F-C N v r7 H O O XLL 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 2 7 4 1335 0.33 Y 0.008 12.6 7.3 < 10 5.1 < 0.10 4.2J 613.0 Y • 22 , ' 6 1435 0.33 Y 7 1$40ol 8 10 1340 0.33 Y Apo .14,1 12 1340 0.42 Y 10 13 , 1355 `=0 33 YZV 14 1310 0.25 Y 1s = F .1325_ .,_033„ Y , _. 18 1340 0.5 Y 0.009 9.6 7.0 19 < 2.0 0.32 2.5 1730 _ 16 20 0820 0.42 Y 21 0900 22 23 - 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 INF BELOW C 0C im 0 t & 4) O O.0 V Z CL 0 13 4)E o o> o o O >, > ca CL �. CL z O a o ° °I oNE ov w ° a v0 m E E- c� 4) W CL aO O 0 1 1 1 1u' HRS HRS Y/N MGD °C S.U. UGL MG/L MG/L MG/L # OOML MG/L MG/L MG/L MG/L UG/L MG/L MG/L 1 2 3 1510, .;042. Y Fl 4 1335 0.33 Y 0.008 12.6 7.3 < 10 5.1 < 0.10 4.2 613.0 5 . ..1145• , `0 33 Y 22 6 1435 0.33 Y 7 1 8 - - 9 - 10 1340 0.33 Y 11 . ;1330. 0 33, -Y �'0.008;; - 14.1' 7 0 < .,10. '>•2 12 1340 0.42 Y 10 13 1355 : 0 33 Y 14 1310 0.25 Y 16 17 1325 ;Q 33 Y 18 1340 0.5 Y 0.009 9.6 7.0 19 < 2.0 0.32 2.5 1730 19 T 77777777 420 0 5 Y 1� 20 0820 0.42 Y z1 0900 , . 0 33.: Y ., 22 23 _ 24 holiday H No School 25 holida .` H No School, 26 1235 0.25 Y No flow 27 _ _:1430 0 25,,f 28 1515 0.33 Y No flow 2s 30 31 1425 0$3,• Y NOW 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 mass r rs�s ' r tfis4 ( AFa ¢ �r ili fiS���' 4 n3 7a t x^�f �a - z'Py►r ` ` ' f ih ' ems " z a, y' ..x 'k �� s �- ❑? dii ems ,." 5 �2 � 3 eh > rt 2'a a '' f 77t ° ... fig"i e r , f`.= ly?e t o Diinii I� r yea t5 o- f y�' f }—q r� $Bill ,� ON in Emma is ri IMAM z Ia oK' dea:�'�'"E< C^I a:Pd (i1 �ai� i�i hr � (� hS e i ua i7 �f `f it. �a.3 gx 5 Boom ��k:� � � r F� t�t ��t .!4, � � � f t- �� a 4 f !� jE�,����� i �3 I �R i�i $ t• Id �G G�G � k�NJ jum ���1h( I �S^'zk# �E 'a $ J( BEE a. r ,# iCo 5 li ais 't p ht {p.C+5 fY7 a s qa Elm m ii$dii�i ai�� �a ji.. 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C6 p5 a�nr Ii 72..� �Kd a �i i z -f" s a ,. -Y a a� �! . 0 .4 y i��! �i aH�r:a h�4 ty aIF zav3��ns xF� a ' S3 ic.} i —rSiGi F f zi o- �s�\.} rJ S6 �t c-n* s s LVT3 ��Er gig NO IN �Iol'r. 0011 i i9 � � Li: i ', "€ p �`CY PV dr lii .� `psi a �d MEN }�``, f p p ;a,.. a ifi� � ^s, Milli El a r a ry Cy _ ii Ila! i� iF f t owl � m f, (i a h 8 l d a is fl7 Q1 � iF if t 4 �T �1 k ij: SEE !� a— 3d�:�i �:.: e t t CIE i� �ii ii O i C"`' #'�, r" `M" : p r ,x 2e S pa F T 1 �i z t =S y l .� �Y�{�'� �. la�i � i some f °� ��k�ia id tiEE is al" hf ti � `s -z`e'xti li NHf` -t ' �*atl P :P i� Ii iSi fg h Pi :.. it a Q1 U5 'h�m'C P �' }�r��i' `� ia' hula f dill. ;ty ' , ii ,�. 4 .+a,c � e1 l� 18. � a r . iu t :is rPDES Permit Standard Conditions 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 r. i!ia a u n .�- n � �n ,ram• r �. d4• III. . ni Ce •reek a 'll o _ s — t, -- d � d a � � h �• • -� •$: 9*Sl Via. i 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 \ . » ) / { . ; E - . . gRl : lIS 4 - { ) ( ! \ , - | 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 n APR 16 2010 i J � ` m i ,'i�� ruiv ri'I la .1 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 G:'.WR1W(?`:Buncombc�.Witstev::ucr�.;\4inur iPuirvic - Elementary 6678KN0V-\RE=014-L\'-t)355 dnc Ent ter/Verif�- Violations IF, Inlit lations Permit: NC0056788 Details__ SOC: AD: F I� lon itoring Report: FO4-2014 Details... County-: Buncombe Facility: Fairview Elementary School Details... i �s Region: Asheville Owner: Incident: i inspect Dt: Buncombe County Schools Llaintsin. Facility Reported As: Compliant r P,,Jon-Compliant C.) Not Reported is signed Report Type: =D10R 'Ouff.. 'Location -Parameter Tate f0anual "Description SOC Limit 'C21CLI... Unit No Over Action 1001 Effluent Chlorine, Tnta--- 04iM2014 ❑ Daily Maximum ... —0 28 135 ug­ll 2_55 No Action, BPJ 001 Effluent Chlorine, Tota.,. 0411012014 ❑ Daily Maximum ... E] 28 133 Ugh 17-857--- No Action, BPJ 001 Effluent Chlorine, Tota_ 0412312014 ❑ Daily 1,l axim um ... L] 28 129 ug1l 3.5714_ No Action, BPJ 001 Effluent Chlorine, TOt3 ... 04f24i2014 Ll Daily Maximum ... D 1 28 131 ugil 10.714--- No Aclion, BPJ 001 Effluent Coliform, Fec ... 0410912014 F-1 Daily Maximum ... ❑ 400 - 27 9.1100ml 8175 001 jEffluent IFlow, in cond ... j0413 tvl o nth ly Ave rs g e ... I [:] 10.011 ... 10.018 ..1m 7 F—HelpCancel 6- Cirri it V! o-I ati o n s found. Ready SID: VLLP 4 A19=�® 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. $137.00. at Chuck Cra f d, Regional Supervisor Surface Water Protection Section Asheville Regional Office 05131/2013 ', a EFFLUENT NPDES NO: NCO066788 DISCHARGE NO: 001 FACILITY NAME: Buncombe County Schools -Fairview Elem CLASS: OPERATOR IN RESPONSIBLE CHARGE (ORC): Todd Moore GRADE: CERTIFIED LABORATORIES (1): Pace Analytical (2) CHECK BOX IF ORC HAS CHANGED: PERSON(S) COLLECTING S L MAIL ORIGINAL AND ONEtOP",lG>TQ:;�F T;; ATTN: CENTRAL FILE Division of Water Quality A r R 0 2013 DENR X 1617 Mail Service Center C E N r--,u, L i:.�{ EZ3 , (SIGNAT OF OPERATO I Raleigh, NC 27699-1617 Ti d g BY THIS SIGNATURE, ICE FY TNHEI ACCURATE AND COMPLETE TO 057-6 47V MONTH: F2! U YEAR: 2013 11 " ;"vCOUNTY: Buncombe F Q ' Phone: 828-251-1900 ., Tod Moore 1a�ce�q°���44f�cc-i z -i 7 i DATE f� APR 2 6 2013 50050 00010 00400 50060 00310 00610 00530 31616 00300 00600 00665 32730 1 00720 01042 01082 b ABOVE NAME AND UNITS EFF X �j :. C o V C p y p o O1 C 0l p BELOW INF m C CL aN R C3 H o E iU o N$y y °0 i .c r; U O aV L v LL O HRS HRS YIN MGD °C S.U. UGL MG/L MG/L MG/L # 00ML MG/L MG/L MGIL MG/L UGIL MG/L MG/L 1 1415 Q33, 4 2 4 1425 0.33 Y " 5 1345, 042 Y„ 6 1355 0.42 Y 0.008 9.8 7.2 21 3.0 0.30 < 2.5 1.0 8 0855 0.42 Y 10 11 1435 0:42 Y iiJ i Y 12 1330 0.33 Y 0.008 10.7 7.1 < 10 4.7 3.3 k727.0,1 Y j 2 14 1405 0.92 Y - 16 18 0825 0.33 Y 25 26'2 " �_. ;� _7s 083$ 0;50, Y��; .�, . U•:Qd8 ....a .:.7 6 , �::6 8 ..r�,�16_ . , ,.-.:4.'3_x .�:D 59,. r . _ �"s ,.� a...�.�: _, ,.>e.. 20 0910 0.83 Y 20 0.67 Y w' 22 1435 0.33 Y 24 2s r1445 050 t ; 7 --, J f1 .r _ v ,C 26 1525 0.67 Y 27 1420 .: �( -« 0008 :10 5� _ 7. 2.�, � 8 FO 2� „ ,,.., $.8 2420 :.. _ �-x- .� 28 1 1600 0.25 Y 26 30 AVERAGE: 0.008 9.7 19 5.6 0.4 4.3 82 MAXIMUM x ,G MINIMUM: 0.008 7.6 6.8 10 3.0 0.3 2.5 1 777 ', a X. Monthly Limit 0.011 >6 <9 28 30145 30 / 45 2001400 DEU Form MR -1 (R ised 12/93) ldke 9 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. 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 4� 0 �Co(eo{� 7c� 1 qe< z -i ? i chi OR�`,eRe� DATE MY WLEDGE. E-L.%.0 APR 516 6 2013 50050 1 00010 00400 50060 00310 00610 00530 31616 00300 00600 00665 32730 00720 1 01042 01082 V o ;m G O aCi wEo R c o E QoO o wo y ayi 1 E d E vo Li° y O vw>< m o13 FtooEO (. - ABOVE NAME AND UNITS BELOW EFF X INF W Cc c Sv ° 0O c C z O w R m at) a) 6, CL o V zc N HRS HRS Y/N MGD °C S.U. UGL MG/L MG/L MG/L # OOML MG/L MG/L MG/L MG/L UG/L MG/L MG/L 5. 2 1 y:4 A _ ,}:3 .ye. _ l,.y{ re4�.:� - v -� •Y_`) t, sv }. 4 1425 0.33 Y s ;1345 6 1355 0.42 Y 0.008 9.8 7.2 21 3.0 0.30 < 2.5 1.0 8 0855 0.42 Y 10 11 4435 Q.42 Y 12 1330 0.33 Y 0.008 10.7 7.1 < 10 4.7 3.3 727.0 14 1405 0.92 Y 1s 09. 35 0 33, ., .. _Y .,,, _,_,.; .., "-,., r . _ v , 16 18 0825 0.33 Y 068.. 20 0910 0.83 Y 20 21 :: 1.450 -Q. 7 ._. _ 22 1435 0.33 Y 23 24 2s %94 5 Q.. Y� ' ILL 26 1525 0.67 Y 0;42 28 1600 0.25 Y 26 30 � _., rc. _r: .-;, .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 Raleigh, NC 27699-1617 G BY THIS SIGNATURE, I CERTIFY THAT THIS REPORT IS ACCURATE AND COMPLETE TO THE BEST OF MY KNOWLEDGE ! 1Lli 9 4- ? n,? 50050 00010 00400 50060 00310 00610 00530 00300 00600 00665 32730 00720 01042 01082 ABOVE NAME AND UNITS EFF X i.1 C co G a) c 9t _ Xi. 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K'�, 2001400 rR -ia-� -�a... �'^ fi •sue, etiF;, Monthly Limit 0.011 >6 <9 28 30145 30145 9XVR- Re se 93) ."f4i 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 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): $5,323.15 EFFLUENT NPDES NO: NCO066788 DISCHARGE NO: 001 MONTH: November YEAR: 2013 FACILITY NAME: Buncombe County Schools -Fairview EIem CLASS: II COUNTY: Buncombe OPERATOR IN RESPONSIBLE CHARGE (ORC): Richard Swilling GRADE: II Phone: 828-251-1900 CERTIFIED LABORATORIES (1): Pace Analytical (2) CHECK BOX IF ORC HAS CHANGED: PERSON(S) COLLECTING SAMPLES: Richard Swillin k MAIL ORIGINAL AND ONE G,EO aY�� ATTN: CENTRAL FILE _ Division of Water Quality JAN 0 8 2014 DENR X 1617 Mail Service Center ,C�,y )rt FILES (SIGNATURE OF OPERATOR IN RESPON BLE CHARGE) DATE d^�ly iv d1.�� Raleigh, NC 27699-1617 i 4 1 BY THIS SIGNATURE, I CERTIFY THAT THIS REPORT IS ACCURATE AND COMPLETE TO THE BEST OF MY KNOWLEDGE ---.1 50050 00010 00400 50060 00310 00610 00530 00300 00600 00665 -32730 00720 01042 01082 u `' ABOVE NAME AND UNITS EFF X �j °..., 'r o ti a=i O D E m c? y Of'. 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K:..- .✓ ui.. sl � u 4).. .i, d _ {.e -..:_,`4 v � 't r _ r S s .tcs AVERAGE: 0.005 13.0 30 6.5 3.0 10.5 187 MAXIMUiIA ` 0 006 8 94 4 16r0 ?420 r �s 15 0 ,6;5 37 8 ;r; , , MINIMUM: 0.004 10.5 6.3 21 4.9 1.2 7.4 5 Comp; Grab CONTIN G f G, G` G- G G CC z G r$hG h C C (C) or (G) M G 1 r Monthly Limit 0.011 >6 <9 28 30145 30145 1 200/400 M rm MR- Re se /93) "'/ - W 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 Also com lete A. Si tur ❑ is desire went ■ Print your name and addre on the reverse ❑ Addresse so that we can return the c rd to you. B Received by (Printed Name) C. Date of Deliver ■ Attach this card to the baclk ne mailpiece, e, y or on the front if space perr irr,c� o _= Is delive addre�ss�differept from item 1? El 1. Article Addressed to: N If YES, a 'tgr<slivery address'below: ❑ No Mr. R. Belvin Ball v h p- Buncombe County Schools I u� 175 Bingham Road 0— °! w Asheville, NC 28806 ' ' f LAM 10 Service lypek! L{ E .� 3 Certified Mail--Q-Ekp� Mail Registered ;91 Return Receipt for Mercha is( ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) Yes .Articl..NQmb�'r`°'te.�::es:::s.:�.:_���.-e;,'°��.�a=�r.`J,,:e`'�:. —•-- -'-- --- -- — 7010 1870 f003 �• (rransfer from s 087-S 2766 PS FOrm°M1:,TA]rrYatli3fftiie.'�., E-*.'�+�•`'t'?-rlrVmac}ir Rate irn Rarain+ G Ir)l1 r 1.% 1 2 UNITED STATES POSTAL SERVICE First -Class Mail Postage & Fees Paid USPS Permit No. G-10 • Sender: Please print your .:'iv, : ► ss, and ZIP+4 in its hox • ,NCDENR -L ' Surface Watc 2090 U.S. I -. Swannanoa, iENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY ■ Complete items 1, 2, and 3. Also complete Delivery is desired. A. Signat rp ent item 4 if Restricted X /- ■ 'Print your name and address on the reverse " ❑ Addressee so that we can return the card to you. B. Receive y (Printed Name) C. Date of Deliver ■ Attmrh 4hie n�rrl.4n i6n k-1, —,F ati.........:�..:.---- Iress different from' 1 ❑ Yes �Q ®�� ielive address belo y No Mr. Beivin i-VI \?�0 Buncombo (,' iU'ty Board of r=d� caa�: ',:::: •_= Iertifled Se Ice T ype -- Mail ❑ `press Mail , 175 +3hf n?m Rca Registered Return Receipt for andisf Ashev,ife"IC �SZCi ❑ Insured Mail C.O.D. i 12.11H,, , l , , . , : is , + , . l 4. Restricted Delivery? (Extra Fee) 7010 1870 0003 0875 3008 j,.�/_ a o i 3 -O OILP-(e P.R Fnrm 2811 - February 2004 Domestic Return Receipt 102595-02-M-154 UNITED STATES POSTAL SE C. Pm ° Sender: Please — ---------- Mail - rsst ora A. FeooPaid ITI J^wsrc^wnwsu` un 2090 U.S. HIGHWAY 70 uwxwwAwpxwumrm ■ CWete items 1, 2, and 3. Also complete A. Signal 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. Receit ■ Attach_ this card to -the -back of the_mailDiece. --- -_ i (� North Carolina Depar WT _ - 'W Environment and Natur4Ve 2090 U.S. 0 i . CO Mr. R. Belvin Hall, Assistaa free i r Buncombe County ca ' Board of Education aintenance f 175 Bingham Road `0 Posta Asheville NC 28806 IT' I certified F _l1 1 ij I I l l l l l l l l-I II ru — - 0 Return Receipt 1 '- 7 012 1010 02 0 (Endorsement Requh `" C 0 Restricted Dellvery PS Form 381.1 'Fetrua, 2004 0 (Endorsement Reqw. �; ry is r-9 0 Total Postage & Fees ni Mr. R. Belvin Hall, Assistant Director 3i oBuncombe County l`- Board of Education Maintenance .......... .175 Bingham Road Asheville INC 28806 . Water Qualify Regional 00 h 9`walinanoa, NC r9.� '• 2 O jp2 W i I Peggy.04 k ! 34 0 Domestic Return Receipt 92-Ag.nt�77 0 Addresse( by (P leq, e) C. Date of Deliver nt ofms erentfrom Item 1? ❑ Yes ircesr ri I Avery address below: ❑ No irces�,- ^ 8778`,� PIN 'k t�'( i;�Y' �e i M 13 Express Mail red QjMm Receipt fo erch di e all ❑ C.O.D. Delivery? (Extra Fee) ❑ Yes L.v -avid -tea 3 102595-02-M-154 UNITED STATES.!P Sf&,1S u}GE First -Class Ma' _... �::.cW Postage & Fe USPS Permit No. G-10 • Sender: Please print your name, address, and ZIP+4 in this box • 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 I' Board of Education 1Vlaintepance fCerafled Ma(I Express Mail -9 175 Bingham Road y Registered Return Receipt for Merchandisf u Asheville NC 28806 ❑ Insured Mail .O.D. r ] (Endor �' �' " �' �' "" "' " 4. Restricted Delivery? (Extra Fee) ff ] (d- o 70121 wC woe EbOO-�! . 7 9'67 7633I i' ' -1 :3 'rota{ ,PS Form 3811„iFebruary 2004 , Domestic, Return Receipt 1!!7, 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 Permit Now-1 • Sender: Please print your name, address, an O+4 in is bo °ice — -- — ��_ t'� o - -- Certified Mail Provides: e A mailing receipt - -- - - - - — _j ■ A unique identifier for your mailpiece J ■ A record of delivery kept by the Postal Service for two years 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 i a n :3 R1 (Endoil i Mr. Belvin Hall, Assistant Director 11 I Buncombe County Board of Education Maintenance 175 Bingham Road Asheville NC 28806 7010` 18700; 03 0875 3237 l6(�labl'-L1O,�14 Resti (Endo; PS Form 3811,. February 2004 Domestic Return Receipt r102595-02-M-1540 O T?l Postage & Fees I-;p I ❑ Agent C. Date of Delivery Sent To 2 Mr. Belvin Hall, Assistant Director -_� :3 Buncombe County Board of Education Maintenance -=---------- -- - 175 Bingham Road Asheville NC 28806 �dlffeQe�if-fiomii'e`1?\0 Yes 'eqaddress beloDO,a ❑ No y Cr l Co 3. Service Type ' "' Certified Mail ❑ Express Mail Registered Return Receipt for M handise ❑ Insured Mail C.O.D. -- 4. Restricted Delivery? (Extra Fee) UNITED STATES POSTAL SER. G L'� _ First -Class Mail- 1 Postage & Fees Paid _LISPS-- -= _-- Permit-No.-G-10-= • Sender: Pleas our nam address, and ZIP+4 Ins,; box' =� 0.a�� �a� Certified Mail Provides: -� �'--- .■ A mailing receipt J� ■ A unique identifier for your mailpiece ■ A record of delivery kept by the Postal Service for two years 5 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 Xegistered lceTypey\�U f ertified Mail ross•Mail etum Receipt for Merchandise ❑ Insured Mail C.O.D. ' 4. Restricted Delivery? (Extra Fee) ❑ Yes 7012 : 1010 O�2 i 1967 56'91 ! �,, ; I M (Er i R4 PS Form 3811, February 2004 Domestic Return Receipt (Er; a Total Postage &Fees a v ' Mr. Belvin Hall, Assistant Director .... Buncombe County Board of Education Maintenance --•- 175 Bingham Road Asheville NC 28806 UNITED STATES POSTAL SER Lc � '-- —' �C�F�'^First-Class Mail �f�_ ostege &'Fees -Paid M ro �Pe nHgo: G-1Q,— • Sender: Please pn e, address and +i i --fts-tox • ��►- Certified Mail Provides: NC ■ A mailing receipt i 2091 • A unique identifier for your mailpiece _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 LLTT RRegistered III I I III II II I stain Receipt for Merchandise ❑Insured Mail C.O.D, l ------ 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 Board of Education Maintenance i 3. Service Type 175 Bingham Road ro Asheville NC 2ggOg Certified Mail ❑Express Mail Registered Return Receipt f r M handise II Irrlrllrrlrlrrlillnullrnllrrl ❑Insured Mail 13 MC.O.D. , C3 4. Restricted Delivery?(Extra Fee) o (Fodor 7010 1870 0003 0875 3237 s Restr (Fodor LV- \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 Postd Asheville NC 218806 Q3� sd all [3 C.O.D. certifiedF .� ��� �i�ii�a�I-nn��ni� iI Peg` p4+,a oted Delivery?(Extra Fee) ❑Yes nj p Return Receipt( 7 D 12 10 1 D D D�`4 2 �a` �sr D J (,y�a, p (Endorsement Requli 0 Restricted Delivery 1 PS Form 3811 February 2004 Domestic Return Receipt = 1Q25s5 OZW,5at)` 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==� Item 4 if Restricteli delivery Is desired. X Agent■ Print your n'a'me,**t,0,ddress on the reverse ❑Addressee ; so that we can iY6tU1'�fia the card to you. B. Received by(Printed Name) C. Date of Delivery i AttaGl]_#iLl rRrrt to#hw,hne k nf_tha_mailniara___ _____ __ North Carolina Department INA �ss�rfla ritfromlt6rJi.i ❑Yes Environment and Natural Resources ; �A.*—.WA Division of Water Quality v1address beloliu: ❑No fr1 • Water Quality Regional Operation .\ co M NCDENR 2090 U.S. Highway 70,.Swannanoa,NC 28778 co Mr.R.Belvin Hall,Assistant Director Buncombe County, i V, 0181all Iy IT Board of Education Maintenance 0 Express Mall a 175BinghamRoad �, egistered Return Receipt for Merchandise fu Asheville NC 28806 ❑Insured Mall .O.D. q (Endorl_ 1ii1i1111_i1i1ii�i��!iri��irriil 4. Restricted Delivery?(ExtraFee) Yes (Endon JI ` i 7D12 1D1D DOO2 1967 7633 A Total.PS Form 381.1,February 2004 Domestic Return Receipt 102595-02.M-1540nj r-9 Mr.R.Belvin Hall,Assistant Director I p Buncombe County P- Board of Education Maintenance __________________________ 176 Bingham Road Asheville NC 28806 SENDER: COMPLETE THIS SECTION COMPLETE THIS DELIVERY ■ Complete items 1,2,and 3.Also complete A. Signat item 41f.Restricted'Delivery Is desiredent . ■'Print your name and address on the reverse ❑Addressee so that we can return the card to you. _^ B. Receive y(Printed Name) C. Date of Delivery r � ■ �+fiar•h 4hic—M 4n♦ham 1..,..1,s 4t,_--:I-! I res Sl�fP rent rom t 1 ❑Yes s--AE*-,X,i � (�' �� liv address Belo y No I�► IN a�- aWt rrP, tTl a ' Gj iMr.Belvm Hall, A tat E3 i Buncornbc:Cnu tv Se ceType o Board ofcicrr ±n: ?ii" s t r. m Certifled Mai( press Mall • 1175 iitignam,Ro 1 Registered lwinRsturnReceiptfor andise Ln Ashevilie,1C ',VO i + ❑Insured Mali C.O.D. 4. Restricted Delivery?(&tra Fee) o F r 010 1870 0003 0875 3008 Z.�/.a p�3 -d 0 L2 I p (Erido� E3 PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M 1540 O co .Total Postage&Fees rq Mi.Geivii t , , .............. 0 'BUrlcoir(Ft, '175 Gingl) rl t „_Pst�eviile P1C 2?�.�td COMPLETESENDER: COMPLETE THIS SECTION / ON DELIVERY ■ Complete items 1,2,and 3.also corn lete A. S tur I item 4 if Restricted Delivery is desire ent ' I ■ Print your name and addre on the reverse ❑Addressee I so that we can return the or rd to you. B Received by(Pd ted Name) C. Date of Delivery ■ Attach this card to the bacl no mailpiece, or on the front if space pen � i. Article Addressed to: o Is delive d �c�tf(er�pt1rom Item 17 ❑Yes > N a If YES,e I of y aZdd e;;s Blow: ❑No I+j ' - ------- ---- ---u.� �, $ Q• to l Mr.R.E3elvin Hall W co Buncombe County schools uJ �. 175 Bingham Road p a /, Asheville,NC 28806 - - - -- - - Service F�fL L�to '^ Certifledstl-0 press Mail u7 ` Cam' W� Q Registered 0 Return Receipt for Mercha ise r` i l� ❑Insurled Mall ❑C.O.D. co o Ct r.`' 4. Restricted Delivery?(Ektra Fee) Yes CD ReturnP�^� ;.Artjcl N ,b � '-' 70],018 �1�`�Lf003 0875 2766 IZ3 (Erdorsemen`1. (Transfer from s �/ 1 :[3 o Restricted D41 8 Fors 3'1-� fir' '_2602W&4 z n"Domestic'Return Recei t A,(�Y 102595-02-M-1540 p (Endorsement ,,.:.. :...::. P �V ©�3 "L.� y 0,je r`- ca Total Postage&Fees r-9 q Mr.R.Belvin HallQ _, 1� Buncombe County Schools r--•• • •• -•---•C3 0- .-•- 175 Bingham Road �d� far M1 Z Asheville,NC 28806 --• [�:-(?I?•-------�••-••-• PS Form 8003 .ALIgUst 2006 See Reverse for Insir w6 COMPLETE THIS SECTION ON ■ C ate items 1,4 and . A. Si nature ■ Print your name and address on the reverse gent so that we can return the card to you. ❑Addressee n„ --delved b f Name) ate of Delivery Mr. R.Belvin Hall,Assistant Director Buncombe County Board of Education Maintenance ress 44pjkfrom item 17 ❑ 175 Bingham Road delivery ess belowo4P❑ o ■ Asheville NC 28806 o III'�Illnlllll���rll��l�ll�nlr�'lll��'��nl�l'll�plulr r� ti� b�d(cc� m •r 1t� �Q oc cm� ti NCpO �fa � � � fri i p 3. S ice Type t 'O ❑Priority Mail Pxpress® -r $rtlfied Mail Fee I I IVIII III III I II I III III III III I I I III I III ❑Adult nature pp2,� Pr' ❑Reistered MailTM yn ❑Adult Sig ure Restrict slivery ❑Rap,istored Mail Restricted FxVa eervices Fee Certified Mai ��De ery rTt ❑Rew.n Receipt mars 9590 9402 1846 6104 5563 29 ertified Mall Restrict Delivery AMerchanas�eipt for O ❑Collect on Delivery ❑Retam Recelpt(eeo ❑Collector Delivery Restricted Delivery 11 Signature Confirmation*" p 2. Article Numher(transfer from service label) , ❑Si nature Confirmation 1-3 ❑eenitbtlrnaiawmr -----"9ail Restricted Carve /1 ❑Aapir signatare Re@ 7015 1520 0003 5463 2930 Tail Restricted Delivery i l v C3 ❑Mir Signature Res' rU Postage PS Form 3811,July 2015 PSN 7530-02-000-9053/IW,aO//7 .LV (7/17 Domestic Return Ipt Ln S rR . Lin , W R.Belvin Hall,Assistant Director ra Buncombe County C3 Board of Education Maintenance r 175 Bingham Road Asheville NC 28806 SENDER: • •N COMPLETE THIS SECTIONON DELIVERY ■ C -,)late Items 1,2,and 3.Also complete A. Signature i. 1 if Restricted Delivery is desired. X a ❑Agent o ■ Print your name and address on the reverse / -l�L -2<^ ddressee an that we can return the Card to vrnt_ Vame) C. Date of Delivery IIINorth Carolina Department of _ 27—p'7 Environment and Natural Res ❑ources �r 2090 U.S. Highway 70, Swannanoa c 28778 rentfrom item 17 yes ,ddress below: ❑No NCDENR A)C, ohs BELVIN HALL r-q M BUNCOMBE COUNTY 3. ceT un BOARD OF EDUCATION k5 Alined Mal l�EErtrasaMan IT" 1 b7 CRAVEN STREET '� eglstered ,J�(Retum Receipt for an e rrl ❑ Insured Mail ❑ .D.D. ASHEVILLE NC 28606 ru 4. Restricted Delivery?Pars Fee) ❑yes Ln C3 7006 2150 0005 2459 5816 AtCU-at/U''f -C.U-QZ2� C3 Rt tm (Roden . PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-154o Resul V m y w(Endon Ul ru "Total V ; O 0 u W -0 Senf Z W n 03 '0 tA .t or ..................... O Street, r� or P06.,...._. City,Sfafe, 3800,August 2006 7005 3110 0003 5474 0028 R, SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION DIV DELIVERY N .� ■ �glplete Items 1,2,and 3.Also complete A. SigrSttdre - ��,,r1 if Restricted Delivery is desired. X N I Ag t ■ Pf..lil!your name and address on the reverse deMA? ent. Atldpessee "" Noth Carolina i�eF j� riles 0 int ainie_�, C. ! e of Delivery r�'�� Fmrimnrnent and Matural�C spur- - o— ti R2i Y - 2030 U.S Fli�hway 70, Svannanoa{ 2 S No' J N � O Q L11 ! MARSHALL ROBERTS _ w occ I AS DIRF.CI-C)R OF FACILITIES R NCOMBE COUNTY 3. S Ice.'y Mal p.Ezp C BOARD OF EDUCATION 0 eglst eTLrn Recall Co r Me chantlise 17S BINGHAM ROAD QInsure 6n O.O.D. — A:,HI_VILI F NC 18806 4. Restricted Delivery?ptreFee) ❑Yes 2. 7005 '3110 0003 5474 0028 /i((IlJ-ZDO(p-C,V-C3l(j, ! PS Form 3811,February 2004 Domestic Return Receipt 102595.02-M-1540 i Postal mIL. RECEIPT M umiSENDER: n COMPLETE THIS SECTION ON DELIVERY rrl • (`7710lete items 1,2,and 3.Also complete 'A. Signature - a 4 if Restricted Delivery Is desired. � t 1:39 _ X ❑Agent p so ❑Addressee 17 (Endorse 0 At =.� 9° B. Received b ( nt Name to-c:� ) C. Date of Delivery Restrict�r .'r.::«7v- ,,,o,,,.,,,,.��. �U°911 Hl�r,v,r e A✓G Z� Er M (Endow 1. Ar C �` D. Is delivery ad different from Rem l4 ❑yes frl If YES,enter delivery address below: ❑No TotelF `3 MARSHALL ROBERTS O enr o NCO I C O 0(0 6 Q� � DIRFCI-OR OF FAClLIIxIES 'nNl D` Sfreer,� oiPOS BUNCOMBE COUNTY g0^ TRD OF EDUCATION 3' we Type ertified Mail Express Mall I T; c1lNC FIAM ROAD Registered ett Receipt for Merchandise :SttCV(t.�F NC 23rtUh ❑InsuedMall D.O.D. 4. Restricted Delivery!Ft,Fee) ❑Yes .7005 0390 OOp1 3553 1343 I (()'(/p 7 �/J PS Form3811,February2004 LV I i j Domestic Return Receipt 102595-02-M.1540- Lrl SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY - o plate Items 1,2,and 3.Also complete ASlgnature m &CDEN11 � ,, X ❑Agent Ln m... rse If Restricted Delivery Is desired. 9' ■ Print your name and address on the rave "" ❑Adtlressee �ypy'�r_•.••. 'J• _ rated Name) . Date.. ry"- T .:t i erY Mtwal N. 0 1 ^-i 'J.'c_ arv/—v ' ?sssdiffere from Reml? ❑lies Dy BUNCOMPT 3.6�"+ga�{ �l�J 76 livery Addreso low: No o RUNCOMGI o�$�...,.. Ir 175 RIND J o ASHEVILLF IJIAR5HAII i" ;tU[sE"!t'I `;. In I;I I~ RUNCOMH!_ COU!! Y A4, I ' CJ i 7 HINGHAM ROAD r P,SIi! VIL! �� Mail INCNC 2 ce tmea M uIExpre Registered I ichandise ❑Insured Mall O.D.Revelp far M City bYeie,ZIP+4.--.. _ _ 4. Restricted Delivery?(Extra Fee) 0,yes 7005 0390 0001 3553 0957 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 ;�,(�:tiJll --`.� � l.," '�����'2ur T,pine5 - `, l%i%•��r �.--�,—, rr� � v 8caf ` ;r •1 �'� --._1 ..� `� _--•;��� - fir - —I _ / �', h i �. ' ' c.._ r•• F ^,�,. t may.' �i � -'t'� '�� ��`� P •� �.. .- '� �11�••:1 a l_,/~�i/•/ ; ' pt �ar~I' reek � ;`�• +'- - � �— \. � r - 1 j •�`��• r� `�?:Y-� • l 6refe er:�f�.,�/�/(J S P [y i^ a. ✓1 a1%wpw�SGh ,. J / �I/. =J, • I�5 �� J� �`` DISCHARGE �'rp -� (;;l % /�� • � % POINV.T �.,-,1 n _�.�� • l '•�'t t�.v 2�8'r ��\ '' JI �:9 / •.r . ' �1"�1�' �� � I ,,�y / �:-� ' AA ` r•. [/,r . y ' 'G� .-a ��i r�i'�: I �II"� $0 ,ii f b•-..�1'L% J �� ' !-. � j' -- ' � _ �,i � J.?' • � •/ ,ems, �, �r -�� � � .n,,o '�,� � ; �- �� ` •' :.\i�\\ _ _ <\` ; vim-- ' r� ` 3 � }Fir etv�` - �� ><, �/_''� � \ ) -- �' ,_� Vil rJ 7 0 1 • } ` '� ems/ Ii y i I �� %�\.;` u y /�� ; ' py ill •�( QV199Kw l4, -.! L J13 .Qr� L; e� n'� r I i�= 1 -Jr� �CEe fledr�:� ������. •�/V.v-��l '�-�- 1 +/1/ l.. •i�/ -/ ,1 % `'-� o � 1,1 I• %'`'t `�.,., 1 / -- L: /J ✓ta .1 S��I;` 1 .J1 _M0�-�'-__ i +�,. .17a.(.a}c .�I a\��� '( ' _._i �! i� •i�ll.�-L/^r� f /. i ��: �,l •,` ( r !� r'�` `'' / • ��(' l� \-� r� �`.J�/�) Isr `/��' `��j of, r1'2. � I VV __ � j 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 Version 1110912011.1 NPDES Permit Standard Conditions Page 2 of 18 (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). Version 1110912011.1 NPDES Permit Standard Conditions Page 3 of 18 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 Version 1110912011.1 NPDES Permit Standard Conditions Page 4 of 18 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. Version 1110912011.1 NPDES Permit Standard Conditions Page 5 of 18 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] Version 1110912011.1 NPDES Permit Standard Conditions Page 6of18 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). Version 1110912011.1 NPDES Permit Standard Conditions Page 7of18 (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. Version 1110912011.1 NPDES Permit Standard Conditions Page 8of18 (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: Version 1110912011.1 NPDES Permit Standard Conditions Page 9 of 18 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]. Version 1110912011.1 NPDES Permit Standard Conditions Page 10 of 18 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. Version 1110912011.1 NPDES Permit Standard Conditions Page 11 of 18 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. Version 1110912011.1 NPDES Permit Standard Conditions Page 12 of 18 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 Version 1110912011.1 NPDES Permit Standard Conditions Page 13 of 18 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. Version 1110912011.1 NPDES Permit Standard Conditions Page 14 of 18 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) Version 1110912011.1 NPDES Permit Standard Conditions Page 15 of 18 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, Version 1110912011.1 NPDES Permit Standard Conditions Page 16 of 18 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 Version 1110912011.1 NPDES Permit Standard Conditions Page 17 of :18 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: Version 1110912011.1 NPDES Permit Standard Conditions ` Page 18 of 18 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 U 0 A yam` '*�•,� 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. ip "q fie V �R2U KL A C2--" ll j c it N y Y N IT -Q, �3 eek •lz DISCHARGE L POINTLJ •fu q 'bo /oil 17, N. IL P K. A k CjJJ TU r -.00 A '61 R" 13 .7. 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 Version 1012912010 PDES Permit Standard Conditions Page 2 of 18 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. Version 1012912010 PDES Permit Standard Conditions Page 3 of 18 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 Version 1012912010 PDES Permit Standard Conditions Page 4 of 18 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]. Version 1012912010 PDES Permit Standard Conditions Page 5 of 18 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] Version 1012912010 PDES Permit Standard Conditions Page 6 of 18 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. Version 1012912010 PDES Permit Standard Conditions Page 7 of 18 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. Version 1012912010 ?DES Permit Standard Conditions Page 8 of 18 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 Version 1012912010 PDES Permit Standard Conditions Page 9 of 18 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; Version 1012912010 ?DES Permit Standard Conditions Page 10 of 18 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. Version 1012912010 PDES Permit Standard Conditions Page 11 of 18 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]. Version 1012912010 PDES Permit Standard Conditions Page 12 of 18 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 Version 1012912010 PDES Permit Standard Conditions Page 13 of 18 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. Version 1012912010 PDES Permit Standard Conditions Page 14 of 18 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. Version 1012912010 PDES Permit Standard Conditions Page 15 of 18 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 Version 1012912010 PDES Permit Standard Conditions Page 16 of 18 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 Version 1012912010 PDES Permit Standard Conditions Page 17 of 18 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); Version 1012912010 'DES 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; 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. Version 1012912010 �A �oF warF,�Q O ... G Ll 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 �' o EFF o F fl a A y Fv INF ❑ Qo ZZ in = s 12 a � � a �'� 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 `� �` �0..._O.O�,��S` i`�1 ;,0�}s�x�; .�% n� . .Y,•. 7 ,,;%� 28:�A..3.�4 �3�,�,�{Ir12,.�0`,�«,.�k�� � 12 320 1.0 Y 28,0 ,'.,, ,x .. . t+,.:,. ,, ..„ xk' ..,;:x.Crw z;. , ., e4.:,r .., &.. ^., .< � �' ,Y 3>.c..x:,F <F ✓kx� ! .a .,h t, P'. 16 _.r"4 , 1, 18 230 0 7 Y 0 0080 20 0 6 8 28 0 15 0 1 1 34 0 20.0 20 900 0 5 Y I �I4i V22 I 'LT �EC l`t7l\i m 24 030 0 8 Y 26 215 1.0 Y 2,7,:71J,4 UL$z.;Y�ilELO�,cJ 4,y Q'�G3' tom? r4 W.3.>��F ae..V::�}ur hs 2 330 0.9 Y 28.0 ... 30 3tA i' '�`'� kkf z.,,� � \e xwS " � ✓ '�s ��, t i i � � z' c r � x , :_.: . ., C . , .': . �� s � }3 3.�,..G� # .<.. z � 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 li: L7„i �7.,> r: �, ' Owl ,Y d 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. _n+. w_,�:--- - — — r T - - rMr. R. Belvin Hall, Assistant Director -moo eived b t i o0 Buncombe County Board of Education Maintenance ressdi 175 Bingham Road Asheville NC 28806 L` delivery, Domestic M, - For delivery in l�kfrom item 1? ess below-p0`' �Q c� �A •moo ❑ Addressee tte of Delivery ij 3. S ice Type e� 5C ° ❑Priority Mail Expresso Certified Mail Fee I ❑ Adult nature _,�\Ib� P ❑ Registered MailTM 1 $ II I;��IIII IIII III I II III III I I I I III Certihed Me, Restrict slivery ❑ Registered d Mail Restrict( Extra services &Fee 9590 9402 1846 6104 5563 29 ertifled Mail Restrict Delivery . �Fteturn Receipt for ❑ Return Receipt (harc ❑ Collect on Delivery "� 'Deerchandise ❑ Ret3rn Receipt (elec ❑ Collect on Delivery Restricted Delivery Signature Confirmation' 2._Article.Number_MransfeGf!_om_serv_icl label) ❑ Signature Confirmation ❑ Certified Mail Restri( "�"mall 9 ❑Adult Signature Req�� 7 015 1520 0003 5463 2930 hail Restricted Delivery Restricted Deliveryi� ❑Adult Signature Res' 0) I �/ 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 Q.. -....1 ..F CiJ. •n�#inn 3/I�in#cn�nne � /.I . /� 11111111111111111111111111 9590 9402 1&46,6104 5563 29 First -Class Mail Postage & Fe r id USPS Permit No. G-10 United States • 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. USPS®-postmarked Certified Mail receipt to i r ■ A record of delivery (Including the recipient's +' signature) that is retained by the Postal Service'" 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 ■ Certified Mail service is not available for 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 Retum receipt service, which provides a record Certified Mall receipt, detach the barcoded por of dplivpry rinrL Winn the —.inipnt'c clnnstl lrP)_ of thie Iphpl nffiv it to the mnilninrp ahnly ■ C lete items 1, 2, and 3. Also complete A Signature Ai 1 if Restricted Delivery is desired. X ■ Print your name and address on the reverse ' ❑ Agent 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 r Iddress below: ❑ No NCDENR l C. o�,, (� � -f 1 BELVIN HALL -� BUNCOMBE COUNTY n BOARD OF EDUCATION r 67 CRAVEN STREET r ASHEVILLE -NC- 28806 1 U- -- - — - 3. Ice Type Certified Mail AE03 cpessMailegisteredstum Receipt for ❑ Insured Mail.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 7006 E150 0005 2459 5816 AtCU 11 -L(f__6 Z 2 � RE (2ndors PS Form 3811, February 2004 Domestic Return Receipt 102585-02-M-154 Rest ri n (Endor: • Itl�lf 0 _ Q � W J r Z U"Total O Cl a U U 1XV(y Z m ^ _ Sent �D N Q � Street, •-------------------- or POb,,...._.- _ ------------------------------------------------- (*1 State, ZIP+4 UNITED STATES POSTAL SERVICE First -Class Mail Postage & Fees LISPS A Permit-No._Gz11 • Sender: Please print your name, address, andf�ZlP-+4 in this box.;* _1 1A11T `° Certified Mail Provides: i•1CiuEN 260 U.S. H ■ A mailing receipt 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 6 CRsm m " WS V I W M N SENDER:• •N COMPLETE THIS SECTIONON DELIVERY ,� ■ � �pI to items 1, 2, and 3. Also complete A. Sig416ure .�.. ,, ,.®1 if Restricted Delivery is desired. Ageht �q�[aJj ■ PttVi our name and address on the reverse_ - X _ /�.,__._ -�wintpd-WaimWej ' - Addressee North Carolina idea �menC. L e of delivery - Environrnent and Nlatura& s'.vurc ( o — j�0i�l}.g, Hi�Vrva 7C, S�roannanaa,. IB C.? 2 differe m itemU?vEI Yes; Dill pa ' 1 /� ��ry adys below' �0 No' CDEENR fA�l (ems 0® _ �' N U) c�' LJ' l f`, MAR HALL ROBERTS d IC-2 W U Lui' A5 DIRECTOR OF FAC1Llr7c5 _ -- = C(JUNTY 3. S �iceS ! ! ���N������" CertifiMail ❑.Exprec "cif` zf G� i Bt'3,^,R D EE)UG AT10N C3 egist urn Receipt ofr Merchandise 175 ti3 f'J J H,� M ROAD Q Insured Maii- C O.D. t_ V i N 2 8806 4. fi stricted Delivery? (Extra Fee) l ❑ Yes 21 71105 131101ItGO03'1t5gRK11D.O`28 11 /tiUUi: Zb6(o-aV.6q, j IFS Form 381 li, February, 2004 1 i ti iDdmestic Return Receipt 102595-02-M-1541 C z rn m o a. rn cu -p o ` m _-q CDCD Cg" fjj z Z r3 "M r� f co "J jertified Mail Provides: * Amailingreceipt (esranay)ZeOZ.eunr,o Sd ■ A unique identifier for your mailpiece \ ■ A record of delivery kept by the Postal Service for.two years 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. Postal n 111�• - ' n SENDER, -LETE THIS SECTION ON DELIVERY -n ■ ("-,�plete items 1, 2, and 3. Also complete `A. Signature _ 4 if Restricted Delivery is desired. X ❑ Agent 0 ■ i `�' se i 'ti 4At L- Y -4" ❑ AddresseE B. Received by (�inte Name)JC..,ate of Deliver) (Endorse or 3> �• 2090 U Night :, �'G �i 1 ,CiYG Restricl D. Is deliveryarl ess different from item 1? ❑ Yes 117 (Endorse 1. Ar ✓ �° Fri If YES, enter delivery address below: ❑ No Total F r Lh E3 Sent To F1`<<+;fAL_ �3 E'� 5 _ES SF7eer or POE b W.iN(._C',%,11RE COUNT T y 3.'Se/ice Type ertified Mail F�cpress Mail 7 a-, I N G � AM,j� ROAD El Registered eturn Receipt for MerchandisE --.�,- ❑ Insured Mail C.O.D. 4. Restricted Delivery? (Extra Fee) ❑Yes 7005 039P 000,1i 31553 ° i131411 it�. Form 3611, February 2004 Domestic Return Receipt 102595-02-nn-154 UNITED STATES POST(S*EIk.lµ 28 Ag..1G 20,06 • Sender: Please print your EeA mae gled Mail eipProvides: *Janay) zoos eunr'� � Sc ■ 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. . =• w � i�:_::�:•�• 1„1,1i„J,i,,,fi,,,ti„f,i„t,,,1,i,,,ri„rlli,irrli,,,I,,,If SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY Er / r ■ t iplete items 1, 2, and 3. Also complete A.. Signature m im..� , l ;4 if Restricted Delivery is desired. X ❑ Agent ■ P?iiit. your name and address on the reverse ❑ Addressee Ln Ln �y�EN ^ ^^^ rimed - --Name) �� ¢. Date o-- f D or - -- -- _i �.at -11 ;9r4f•;h�;'t': a:-i id JCi.ti c?I •ti �:iC t'�(. 7" —i 4 �nC:"; '. i •! r: rrryr 7rt (�nr:_•f , of i7 s differen from Rem 11 �� Xes' v 1._ �,�, //� Clive addresribeiow: ❑ No d f�9A�Z5� aALil j (( ry,i o i J ,BUNCOMr o tr 17 — m C( Q ASHEVILIA, du°i, ?; 3Z� �_I_. ;;L18t.r; e-:_ Mr ; ' �' n lli ! •7 c'i G�i�J�v j3l�€_ C:OJ;ti! Y )MIA.F iD CIF F!?IJCl^� 6 t9-t Ln17-1 ,c'�j( r 1757 J ,��, cv:.. �?t� l.i,�,s_) CertifiedMhiAE xpress. Mail i r+- �, � � -� EM L L s N C- 2 8 8 0 + i F �Registered� etum Receipt for'Merchandist ❑ Insured M IO.D., u'I City, State i��;-- Restricted Del(Extia-FeYes 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.