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HomeMy WebLinkAboutNCG120047_COMPLETE FILE - HISTORICAL_20181031PERMIT NO. DOC TYPE DOC DATE STORMWATER DIVISION CODING SHEET NCG PERMITS Iv CG2 �abo`t7 L� HISTORICAL FILE E. MONITORING REPORTS YYYYMMDD i Compliance Inspection Report t A Y Permit NCG120047 Effective 11/16117 Expiration 10131118 Owner Santek Environmental of North Carolina LLC SOC Effective Expiration Facility Haywood Co -White Oak Sanitary County Haywood 3898 Fines Creek Rd Region Asheville Waynesville NC 28786 Contact Person Robert Hudson Title Phone 423 303 7101 Directions to Facility System Classifications Primary ORC Certification Phone Secondary ORC(s) On Site Representatives) Related Permits Inspection Date 0311312018 Entry Time 10 30AM Exit Time 12 30PM Primary Inspector Rick C Brooks Phone 828 296-4500 Secondary Inspector(s) Melissa King Reason for Inspection Routine Permit Inspection Type Landfill Stormwater Discharge COC Facility Status Compliant Not Compliant Question Areas ■ Storm Water (See attachment summary) Phone Inspection Type Compliance Evaluation 1� Page 1 Permit NCG120047 Owner Facility Santek Environmental of North Carolina LLC Inspection Date 03/13/2018 Inspection Type Compliance Evaluation Reason for Visit Routine Inspection Summary Rick Brooks (DEQ) and Melissa king (DEQ) met with Robert Hudson and John Preston of Santek at the Solid Waste Facility (White Oak Landfill) The facility does not currently have a Stormwater Pollution Prevention Plan but is In the process of implementing one Records were readily available and well organized Majority of outfalls were observed during the inspection Next inspection will evaluate the implementation of the SPPP and outfalls that have been determined to fall under NCG12 Page 2 Permit NCG120047 Inspection Date 0311312018 Owner Facility Santek Environmental of North Carolina LLC Inspection Type Compliance Evaluation Stormwater Pollution Prevention Plan Does the site have a Stormwater Pollution Prevention Plan? # Does the Plan include a General Location (USGS) map? # Does the Plan include a Narrative Description of Practices ? # Does the Plan include a detailed site map including outfall locations and drainage areas? # Does the Plan include a list of significant spills occurring during the past 3 years? # Has the facility evaluated feasible alternatives to current practices? # Does the facility provide all necessary secondary containment? # Does the Plan include a BMP summary? # Does the Plan include a Spill Prevention and Response Plan (SPRP)? # Does the Plan include a Preventative Maintenance and Good Housekeeping Plan? # Does the facility provide and document Employee Training? # Does the Plan include a list of Responsible Party(s)? # Is the Plan reviewed and updated annually? # Does the Plan include a Stormwater Facility Inspection Program? Has the Stormwater Pollution Prevention Plan been implemented? Reason for Visit Rouline Yes No NA NE ❑ ❑ M ❑ ❑❑■❑ ❑❑■❑ ❑❑■❑ ❑ ❑ M ❑ ❑ ❑ M ❑ ❑ ❑ 0 ❑ ❑ ❑ M ❑ ❑ ❑ M ❑ ❑ ❑ ❑ ❑❑■❑ ❑ ❑ M ❑ ❑ ❑ M ❑ ❑❑■❑ ❑❑■❑ Comment NCG120000 does not reauire a Stormwater Pollution Prevention Plan Santek has the maiont of elements of a Stormwater Pollution Prevention Plan including a site map with outfall locations and documentation of employee training Santek Is in the process of compiling and implementing a SPPP Next inspection will review the SPPP Qualitative Monitoring Yes No NA NE Has the facility conducted its Qualitative Monitoring semi annually? 0111113 Comment Facility is conducting qualitative monitorlrnLas required Analytical Monitoring Yes No NA NE Has the facility conducted its Analytical monitoring? 0 110 ❑ # Has the facility conducted its Analytical monitoring from Vehicle Maintenance areas? ❑ ❑ 0 ❑ Comment Facility is conducting analytical monitonng as required Permit and Outfalls Yes No NA NE # Is a copy of the Permit and the Certificate of Coverage available at the site? 0 ❑ ❑ ❑ # Were all outfalls observed during the inspection? ❑ 0 ❑ ❑ # If the facility has representative outfall status is it property documented by the Division? ❑ Cl MCI # Has the facility evaluated all illicit (non stormwater) discharges? ❑ ❑ ❑ M Comment Malonty of outfalls were observed during the inspection Some sediment basin outfalls may be reclassified under NCG01 Next inspection will help determine changes to outfalls Page 3 NCDENR North Carolina Department of Environment and Natural Resources Division of Energy, Mineral, and Land Resources Tracy E Davis, PE, CPM Director November 18 2013 e-(fq SeAt t s fi 1ir3 Mr hn Preston ,h Sante Environ tal of NorthCarolina,LLC �} clo Whit andfill 3 reek Road Waynesville, rth Carolina 28786 Pat McCrory, Governor John E Skvarla, Ill Secretary Mr Stephen King Director, Solid Waste Management Haywood County 278 Recycle Road Clyde North Carolina 28721 SUBJECT NPDES Stormwater Permit Compliance Inspection Haywood Co -White Oak Sanitary Landfill (Haywood County Landfall) Permit No NCG120047 Haywood County Dear Mr Preston and Mr King This letter is in follow-up to the NPDES Stormwater Permit Compliance Inspection conducted on October 31 2013 The facility was found to be in compliance with permit NCG120047 The assistance provided by John Preston was greatly appreciated Enclosed is a copy of the Compliance Inspection Report, which contains additional observations and comments for your reference Please contact me at (828) 296-4616 or lonathan steppCa7ncdenr qov, if I can be of any further assistance Sincerely, Jonathan Stepp , A, O'� -'"W Environmental Specialist Land Quality Section Enclosure ec Bethany Georgoulias Geological Survey Section • Land Quality Section 1612 Mad Service Center Raleigh North Carolina 27699 1612.919 707 92001 FAX 919 715 8801 512 North Salisbury Street Raleigh North Carolina 27604 • Internet htt II ortal ncdenr or Iweblirl An Equal opportunity 1 Affirmative Action Employer — 50% Recycled 110% Post Consumer Paper �;' � NCDENR North Carolina Department of Environment and Natural Resources Division of Energy, Mineral, and Land Resources Tracy E Davis, PE, CPM Director November 18, 2013 Pat McCrory, Governor John E Skvaria, III, Secretary Mr John Preston Mr Stephen King Santek Environmental of NorthCarolina,LLC Director, Solid Waste Management cla White Oak Landfill Haywood County 3898 Fines Creek Road 278 Recycle Road Waynesville, North Carolina 28786 Clyde North Carolina 28721 SUBJECT NPDES Stormwater Permit Compliance Inspection Haywood Co -White Oak Sanitary Landfill (Haywood County Landfill) Permit No NCG120047 Haywood County Dear Mr Preston and Mr King This letter is in follow-up to the NPDES Stormwater Permit Compliance Inspection conducted on October 31, 2013 The facility was found to be in compliance with permit NCG120047 The assistance provided by John Preston was greatly appreciated Enclosed is a copy of the Compliance Inspection Report, which contains additional observations and comments for your reference Please contact me at (828) 296-4616 or ionathan steppAncdenr aov, if I can be of any further assistance Sincerely, Jonathan Stepp Environmental Specialist Land Quality Section Enclosure ec Bethany Georgoulias Geological Survey Section - Land Quality Section 1612 Mad Service Center, Raleigh, North Carolina 27699 1612.919 707-92001 FAX 919 715 8801 512 North Salisbury Street, Raleigh, North Carolina 27604 - Internet htto., i1portal ncdenr org/webA An Equal Opportunity 1 Affirmative Action Employer — 50% Recycled t 10% Post Consumer Paper Permit NCO120047 sac County Haywood Region Ashevllle Compliance Inspection Report Effective 11/01/12 Expiration 10/31/17 Owner Santek Environmental of North Carolina LLC Effective Expiration Facility Haywood Co White Oak Sanitary 3898 tines Creek Rd Contact Person Stephen King Directions to Facility System Classifications Primary ORC Secondary ORC(s) On -Site Representative(s) Related Permits Inspection Date 10/31/2013 Primary Inspector Jonathan Stepp Secondary Inspectors) Waynesville NC 2B786 Title Phone 828 627 8042 Entry Time 01 30 PM Reason for Inspection Follow up Permit Inspection Type Landfill Stormwater Discharge COC Facility Status ■ Compliant ❑ Not Compliant Question Areas Storm Water (See attachment summary) Certification Phone Exit Time 02 45 PM Phone inspection Type Compliance Evaluation Page 1 Permit NCG120047 Owner Facility Santek Environmental of North Carolina LI-C Inspection Date 10/3112013 Inspection Typo Compliance Evaluation Reason for Visit Follow up Inspection Summary The primary purpose of this inspection was compliance assistance Sentek continues to do an excellent job of qualitative and analytical monitoring at the Haywood Co -White Oak Landfill Please review the observations and comments below Analytical Monitoring Yes No NA NE Has the facility conducted Its Analytical monitoring? ■ ❑ ❑ ❑ # Has the facility conducted its Analytical monitoring from Vehicle Maintenance areas? ❑ ❑ ❑ ■ Comment The facility is currently in a Tier Two response action and has had two consecutive sampling events within the benchmark range A third sample was attempted but no discharge occurred The permittee has been advised to report no discharge on the monitoring report and collect a sample when a discharge does occur If the results of the third successful sampling event are within the benchmark rangels then the sampling obligation for the Tier Two response action has been met Permit and Outfalls Yes No NA NE # Is a copy of the Parmit and the Certificate of Coverage available at the site? ■ ❑ El ❑ # Were all outfalls observed during the inspection? ■ ❑ ❑ ❑, # If the facility has reprosantative outfall status is it properly documented by the Division? ❑ ❑ ❑ ■ # Has the facility evaluated all illicit (non stormwater) discharges? ■ ❑ ❑ ❑ Comment The facility would like to discontinue sampling at outfall 001 Upon initial inspection it appears that outfall 001 receives drainage from an area that is outside of the active boundaries of the landfill Haywood Co -White Oak landfill should further investigate the drainage area to confirm that stormwater does not come in contact with any of the associated industrial process, including unintentional contact with leachate from garbage truck traffic on the adjacent road Upon completion of the evaluation, Haywood Co -White Oak Landfill may request that outfall 001 be removed from the monitoring list The request should be sent to the Asheville Regional Office Page 2 �� MCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Pat McCrory Charles Waklad, P E; Governor Drector January 14, 2013 Mr Join Preston, Santek Environmental of North Carolina, LLC clo White Oak Landfill 3898 Fines Creek Road Waynesville, NC 28786 Mr Stephen King, Director, Solid Waste Management — Haywood County 278 Recycle Road Clyde NC 28721 SUBJECT NPDES Stormwater Permit Compliance Inspection Haywood Co -White Oak Sanitary Permit No NCG120047 Haywood County Dear Mr Preston and Mr King NG()-1309 John E Skvarla, III Secretary This Ietter is in follow-up to the NPDES Stormwater Permit Compliance Inspection conducted on December I2, 2012 The facility was found to be in compliance with permitNCG120047 The Division of Water Quality appreciates all the efforts put into the landfill by Santek (as well as the County, prior to this year), to bring it into compliance with the stormwater permit and with water quality standards Enclosed. is a ropy of the Compliance Inspection Report, which contains additional observations and comments for your reference Please contact me at (828) 296-4665 or Susan A Wi lson(a-Incdenr ggh if I can be of any further assistance Sincerely, Susan A Wilson I Environmental Engineer Surface Water Protection Enclosure cc Central Files Asheville Files Mr Marty Stamey, Haywood County Manager, 215 N Marti St, Waynesville, NC 28786 S CG 12 L9ndfi!I MT/Wood Ca landf lllwhite Oak rF 12 2012WB 1220121I,7R.CEI White Oak LF 12 2012 doc Look& 2090 U S Highway 70 &vxm9tloa. Noatlt Camlim 2ffM Qiie Phone M296-45001 FAX V&299 7D13 NQn't�%�arO�l II� lntemet7w Vj03ateigts Wag fa _ r M E%d Opp tmtyIAt -r w Anus Emgt0ef Permit NCG120047 SOC County Haywood Region Asheville Compliance Inspection Report Effective 11/01/12 Expiration 10/31/17 Owner Santek Envrranmenta; of North Carolina LLC Effective Expiration Facility Haywood CG-While Cak Sanitary 3898 Fines Greek Rd contact Person Stephen Kin9[fJ4,4 1%ns,-uAJ Title 01rections to Facitrty System Classifrcatrons Primary ORC Secondary ORC(s) On -Site Representativeje) Related Permits Inspection Date 1711212012 Entry Time 10 00 AM Primary inspector Susan A Wilson Secondary lnspector(s) Reason for Inspection Rnudlne Permit Inspection Type Landfill Stormwater Discharge COG Faciltty Status ■ Compliant ❑ Not Compliant Question Areas M Storm Water (See attachment summary) Waynesville NC 28786 Phone 82M27-8042 Certiftcation Exit Time 01-O0 PM Phone Phone 828-294 4500 Inspection Type Compliance Fvaluabon Page 1 Permit NCG12W47 owner Facintyr Santek Ermrorirnental of North Cartfna LLC hispectmn Date 12/12/2012 inspection Typo Cornpfiance Evahrat;on Rmon for Visit Routme Qualliattve Monitonng Yes No NA NE Has the facility conducted rtss Qualitative tatondt3nng semj-annuafiy� ■ ❑ ❑ ❑ Comment Santek has performed all the required qualitative monitoring for each outfall (and tools photos as well) Anafytrcal Monitoring Yea No NA NE Has the faoiiiiy conducteC its Analytical monitoring'? ■ ❑ Cl ❑ # Has the facility conducted its Arralyticai monitoring From Vehlde Maintenance areas? ❑ ❑ ■ ❑ Comment Analytical monitonng was performed by Santek 702012 (slightly later than the required semi-annual period Santek notified DWQ of this) Sampling was conducted 12110/2012 (for the second semi-annual period) Permit and Outfalls Yes No NA NF # is a copy of the Permit and the Certificate of Coverage available at the slte'7 ■ ❑ ❑ ❑ # Were al; ouffalls observed during the inspecttoril ■ ❑ ❑ ❑ # If the faerlity has representative outfall status is it property documented by the DK%bn? ❑ ❑ ■ ❑ # Has the facility evaluated all illicit (non slormwater) discharges? ■ ❑ ❑ ❑ Comment At the time of the inspection - they had not yet received their new Cerpficato of Coverage (but the older cne was on file) Page 3 *A NCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section James D Simons PG PE Director and State Geologist June 28, 2012 INSPECTION REPORT Beverly Eaves Perdue, Governor Dee Freeman Secretary Attached is a copy of the inspection report prepared following an onsite inspection of the above referenced project This report is intended to inform you of the project's compliance with the North Carolina Sedimentation Pollution Control Act of 1973 Please review this report carefully as it may contain corrective actions needed or comments, which will assist you in meeting the required performance standards of the Act It is our desire that any and all possible problems be discussed and resolved at the earliest possible time To facilitate this effort, please contact me if you have any questions Sincerely, Charles Koontz 0 2090 US Highway 70 Swannanoa, North Carolina, 28778-8211 Telephone 828-296-4500 Fax 828-299-7043 http //portal ncdenr orglgroup/lr/land-quality An Equal Opportunity / Affirmative Action Employes One NorthCarolina Naturally Land Quality Section 2090 U S Highway 70 Swannanoa, NC 28778 (828) 296-4500 County � r� Project �y % %r % 3 4- River basin �'t-t�ct4 $tea Person financially responsible _ ✓!� s Project # P009 - poi Address (p SO a.� STVe tW §vt.4 /do Cleve /,q�v_ p r�jVM 3731/ Case # I Project location Nffi Ve OAK Pictures No 9 YL5 ❑ Prints [I Slides ❑ Video ❑ Digital ❑ 2 Weather and soil conditions New d initial inspection Yes ❑ No 1 is site curitntiv tinder notice of violation° Yc.s [.J No a Is the sitt, in comph ince +vith S P C A and rules' Yes' No L no check vtolattons below lolatlolts u -o 'iginrus ul p1 In G S 1 13 (a) and 1 :)A N C a C aB 010"11 I ^ g Inadequate bufftr 7onr, C S I t 3 A �7(1) b f iilur, to lollutt ippro%cd plan G S 113A h GradLd yJopLs and tills too,teep r, ( idurk. to ,ubrnit r(,,�ittd pl in G S I I -)A -)4 1(b) `ind G S 113A D7(2) or ])A N (_ AC 4B 0124(d� I f 1 C dB 0, I wl i t _ 1 L nprott cied ueposi d ,lopes G S 1 I -)A f Iii(t } GI it Ids wt Iuatt Yrou &k%er C, S I I _ -(3i anti j J I .ttlure to niatlinin erosion uoniml me,tsvrea 1C JB0107(blorI)1\C 1C 4B0[.'4(t,) 1C kC 4B0113 lnuil`� lint nit i, ire, to i..tain �tdimtn( on wL G S I I +a ,-I _^ k Oihar (dt,,trlbc l ----_ -- —�_- -- f Blurs to Ilk, Ill rt S011 MIL mta,tirL, I , \ \CAC 4B 010 _ 6 Poteiiti it \1'l?F ti Permit tai itil>n' 4, _ `u Dt,LriM, 4i 1, ,a+JI lit niation bail we occurred since Litit Insptetiou" N ., — t e, uh�r ' iti 1 �l !E h ii Ipnl+ \OYI L I, i lit 1 ' + 11 - MlllL W nL r l,t 1 In it t(Ilrai a t(�no Ir, ill '„ < IL I Othi r p om r 1 — 1)�_ II II_L NIO_ht II)MILIast ,I.,tri ------ ----- — Ftt�i✓OsI�—� EROjiOYi C1114i Lk (11 ill( i+Ith to hits 1 t i>I! +il+t I+tNIH, i+4dt(I chec*� ------- Z-- A L q v ,qoC_ - -- - --- --- - _� _ _ - -- - - - - -- - _ --- -- Ht port hs —� ZS—A*4V7 Z_ Othcrs present--- D'i14 ilf Inspi. tt11)(1--L1��7 -i2 _Time arriving on sits �Q lOI�I•/ dime leaving site /off Z� Fl _ (t �• • NCDENR Nc T" C�[" De Tn[NT or ENVIRONMENT A 0 Ns,TUH7 Re Rces t FACILITY COMPLfANCE AUDIT REPORT Division of Waste Management Solid Waste Seehon UNIT TYPE (check all that d ply to this audit with same?errrnt nurriber)' Land X LCII) YW Transfer conpnst S1AS COUNTY Haywood MSWLF PERMIT NO 44-07 closed RHW White incur T&P FIRM MSIAILF goods FILE TYPE COMPLIANCE CDLF racT&P1 Tore Industrial DYMO SDTF Collection Monofill Landfill Date of Audit 3I22/07 Date of Last Audit-] 2/15106 FACILITY NAME AND ADDRESS Haywood County Municipal Solid Waste landfill State Road 1338, White Oak Community Waynesville, N C 28786 GPS COORDINATES (Decimal Degrees) N 35 66343 W 082 99866 FACILITY CONTACT NAME AND PHONE NUMBER Steven King, Haywood County Solid Waste Director Telephone 828-627-8042 FACILITY CONTACT ADDRESS (IF DIFFERENT) Steven King, Director Haywood County Solid Waste Depaitment 278 Recycle Drive Clyde, N C 28721 AUDIT PARTICIPANTS Jim Patterson, NCDENR-Solid Waste Section Steven King, Haywood County Solid Waste Department STATUS OF PERMIT Active- Permit to operate issued November 8, 2006 PURPOSE OF AUDIT Comprehensive audit ofMSW landfill NOTICE OF VIOLATIONS) (citation and explanation) 15 A NCAC 13b 1626(2)(a) states that all MSWLF units must cover disposed solid waste with six inches of earthen material at the end of each operating day Haywood County was operating in violation of this requirement in that waste at the previous working area at the back of the landfill has not been covered with at least six inches of soil cover A compliance date of May 15, 2007 has been established to correct this violation You are hereby advised that, pursuant to N C G S 130A-22, an administrative penalty of up to $5,000 per day may be assessed for each violation of the Solid Waste Statute or Regulations If the violatron(s) noted here continue, you may be subject to enforcement actions including penalties, injunction from operation of a solid waste management facility or a solid waste collection service and any such further relief as may be necessary to achieve compliance with the North Carolina Solid Waste Management Act and Rules 0 i i]iACILTI Y COMPLIANCE AUDF° �EPORT ` Division of Waste Management Solid Waste Section Page 2of2 STATUS OF PAST NOTED VIOLATIONS (List all noted last audit) NIA AREAS OF CONCERN AND COMMENTS 1 A new solid waste Director, Steven King has been employed by Haywood County Steven has his SWANA MOLO certification 2 Alan Parker and Ronnie Wilson have both attended the SWANA Landfill Operators Course The dates of this training was October 27-28, 2005 3 Financial assurance approval on 2/15/07 4 Methane gas wells tested on 3/19/07 5 Need to seed completed areas of landfill 6 Windblown litter being picked up at the time of the audit 7 Leac.hate impoundment inspection report dated June 9, 2006 No problems were observed 8 Work soil being done on leachate seep No leachate has left liner system 9 Work on recovering areas where soil cover is thin 10 Working face has moved from western end of landfill to the eastern end This area is closer to the access road and should help solve some of the problems with mud being onto the roadways Good work 11 Geotextile fabric is being used under the gravel in the landfill road This too seems to be helping with mud on road problems 12 Work on removing trees and shrubs growing around the leachate lagoon Pleas contact me if you e any questions or concerns regarding this audit report ,me&,_ r' Z,._., ( signature) Phone 828-296-4700 6a•l "Regional Representative Distribution orillinal signed copy to facility -- signed copy to compliance officer-- e-mail or eapy to super beiivered on f Click and type dato I by hand delivery US Mail 6ed No I _j �/P"V ff / -,4ic xja NODE R North Carolina Department of Environment and Natura Division of Water Quality Beverly Eaves Perdue Charles Wakild, P E Governor Director December 5 2012 William Dillard Santel, l-nvironrn(,ntal of North Carolina I I C 650 25'h St NW Ste 100 Cleveland TN 3731 1 Dear Mi Dillard Resources Dee Freeman Secretary Subject NPDES General Permit NCG 120000 Certificate of Coverage NCG 120{}47 1 laywood CountN-Whiie Oak Sanitary Cleveland Count% Division personnel received your request to revise your Stormwater permit Certificate of Coverage to accurately reflect your new company and facility narne Please find enclosed the revised Certificate of Coverage The terms and conditions contained in the General Permit remain unchanged and in full effect This revised Certificate of Coverage is issued under the requirements of North Carolina General Statutes 143-215 1 and the Memorandum of Agreement between North Carolina and the U S Environmental Protection Agency If you have any questions, piease contact the Stormwater Permitting Unit at 919-807-6300 Sincerely, ORIGINAL SIGNED 81 KEN PICKLE for Chat les Wakild, P 1r cc Mooiesvilk, Regional Office Cential Files Stormwatei Permitting Unit Wetlands and Stormwater Brandy 1617 Mail Service Center Raleigh North Carolina 27699 1617 Location 512 N Salisbury St Raleigh North Carolina 27604 Phone 919-807-63001 FAX 91M07 64941 Customer Service 1 877-623 6748 Internet www rimaterquality org One NorthCarohna An Equal Opportunity i Affirmative Acton Employer STA fE OF NORI H CAROLINA DEPART MENT OF ENVIRONMENT AND NA I URAL RESOURCES DIVISION OF WATER QUALITY GENERAL PERMIT NO NCG120000 CERTIFICATE OF COVERAGE No NCG 120047 STORMWATER DISCHARGES NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provision 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, Santek Environmental of North Carolina, LLC. is hereby authorized to discharge stormwater from a facility located at I laywood County -White Oak Sanitary 3898 I'inc.s Crc.tl. Rd Waynesville Cleveland County to receiving waters designated as the Pigc,on Rivet, a class C waterbody in the I'renc.h Broad River Basin in accordance with the effluent limitations, monitoring i ecltitrements, and other conditions set forth in Parts 1, 11, M, IV, V and VI of General Permit No NCG 120000 as attached This certificate of coverage shall become effective Dc.cc rnbei 5 2012 This Certificate of Coverage shall remain in effect for the duration of the General Permit Signed this day Dcr,cnibcr 5 2012 for ORIGINAL SIGNED M KEN PICKLE Charles Wakild, P E , Director Division of Water Quality By Authority of the Environmental Management Commission A �� In NC®ENR North Carolina Department of Environment and Natural Resources Beverly Eaves Perdue Governor Division of Water Quality Charles Waklld, P E Director William Dillard Santek Environmental of North Carolina LLC 650 25th St Nw Ste 100 Cleveland, TN 37311 Dear Permittee December 4, 2012 Dee Freeman Secretary Subject NPDES Stormwater Permit Coverage Renewal Haywood Co White Oak Sanitary COC Number NCG120047 Haywood County In response to your renewal application for continued coverage under stormwater General Permit NCG120000 the Division of Water Quality (DWQ) is forwarding herewith the reissued General Permit This permit is reissued pursuant to the requirements of North Carolina General Statute 143-215 1 and the Memorandum of Agreement between the state of North Carolina and the U S Environmental Protection Agency, dated October 15, 2007 (or as subsequently amended) The following information is included with your permit package • A new Certificate of Coverage (COC) • A copy of General Permit NCG120000 • A copy of the Technical Bulletin for the General Permit • Two copies of the Discharge Monitoring Report (DMR) Form • Two copies of the Qualitative Monitoring Report Form The General Permit authorizes discharges of stormwater, and it specifies your obligations for discharge controls, management, monitoring, and record keeping Please review the new permit to familiarize yourself with all the changes in the reissued permit Your facility has six (6) months from the time of receipt of the permit to update your current SPPP to reflect all new permit requirements The first sample period of your permit begins January 1, 2013 Your facility must sample a "measureable storm event" beginning during the periods beginning January 1 and July 1 of every year (or, if applicable, report "No Flow," as outlined in Part III, Section E) Also, please note that Tier 3 Actions in Part II of your permit are triggered by benchmark exceedances on four occasions beginning on the effective date of this permit and do not count prior exceedances The more significant changes in the General Permit since your last COC was issued are noted either in the Draft Permit Fact Sheet that accompanied the public notice (http //portal ncdenr org/web/wq/ws/su/current- notices), or in the Response to Comments / Summary of Changes and Technical Bulletin documents that are posted on the Stormwater Permitting Unit's website with the new General Permit Please visit http //portal ncdenr org/web/wq/ws/su/npdessw (click on 'General Permits' tab) to review that information for your specific General Permit carefully 1617 Mad Service Center Raleigh North Carolina 276991617 Location 512 N Sahsbu y St Raleigh North Carob is 27604 Phone 919$07 6300' -AX 91"07 6492 I,iternet www rimatero alit o}Jrc it ES it Opportunity 1 A a' -Act n Employer Ne ithCai olina , -iturallty William Dillard December 4, 2012 Page 2 of 2 Some of the changes include Part II • Section A The Stormwater Pollution Prevention Plan (SPPP) section, if applicable, has been updated to the most current language of our permits Additional conditions for specific industry sectors have been added to the SPPP requirements in some cases • Sections B, C Failure to perform analytical stormwater monitoring may result in the Division requiring that the permittee begin a monthly sampling scheme • Sections B, C A lower TSS benchmark of 50 mg/I for HQW, ORW, PNA and Tr Waters applies to these more sensitive waters • Sections B, C The monitoring parameter Oil & Grease (O&G) has been replaced by the parameter Total Petroleum Hydrocarbons (TPH) for vehicle maintenance areas, and in some cases, other analytical monitoring requirements • Sections B, C, D Inability to sample due to adverse weather must be recorded in the SPPP, or in separate on site records if your General Permit does not require an SPPP Adverse weather is defined in the "Definitions" section of the permit • Sections B, C The term "Representative Storm Event' has been replaced by "Measurable Storm Event " A measurable storm event is defined in the permit • Section D If the permittee fails to respond effectively to problems identified by qualitative monitoring, DWQ may require the permittee to perform corrective action Please review Parts III and IV to understand the Standard Conditions of your new NPDES General Permit, including Compliance and Liability, Reporting, Monitoring and Records requirements, Operation and Maintenance obligations, and Definitions Please note that all samples analyzed in accordance with the terms of this permit must be submitted to the Division on Discharge Monitoring Report (DMR) forms available on the Stormwater Permitting Unit's website above DMR forms must be delivered to the Division no later than 30 days from the date the facility receives the sampling results from the laboratory Also note that existing permittees do not need to submit a renewal request prior to expiration unless directed by the Division Your coverage under the General Permit is transferable only through the specific action of DWQ This permit does not affect the legal requirements to obtain other permits which may be required by DENR, nor does it relieve the permittee from responsibility for compliance with any other applicable federal, state, or local law rule, standard, ordinance, order, judgment, or decree If you have any questions regarding this permit package, please contact the Division s Stormwater Permitting Unit at (919) 807-6300 Sincerely,/ /�1� ct l( - f �l' 2v, e L'1 for Charles Wakild, P E cc DWQ Central Files Stormwater Permitting Unit Files Asheville Regional Office STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY GENERAL PERMIT NO NCG120000 CERTIFICATE OF COVERAGE No NCG120047 STORM WATER NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provision 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, Santek Environmental of North Carolina LLC is hereby authorized to discharge stormwater from a facility located at Haywood Co -White Oak Sanitary 3898 Fines Creek Rd Waynesville Haywood County to receiving waters designated as PIGEON RIVER (Waterville Lake below elevation 2258), a class C waterbody in the French Broad River Basin in accordance with the effluent limitations monitoring requirements and other conditions set forth in Parts 1, 11, 111, and IV of General Permit No NCG120000 as attached This certificate of coverage shall become effective December 4, 2012 This Certificate of Coverage shall remain in effect for the duration of the General Permit Signed this 41h day of December 2012 for Charles Waklld, P E Director Division of Water Quality By Authority of the Environmental Management Commission Permit NCG120047 SOC County Haywood Region Asheville Compliance Inspection Report Effective 11)01112 Expiration 10/31/17 Owner Santek Environmental of North Carolina LLC Effective Expiration Facility Haywood Co -White Oak Sanitary 3898 Fines Creek Rd Contact Person Stephen King Directions to Facility System Classifications Primary ORC Secondary ORC(s) On Site Representative(s) Related Permits Title Inspection Date 10131/2013 Entry Time 01 30 PM Primary Inspector Jonathan Stepp Secondarylnspector(s) Reason for Inspection Follow-up Permit Inspection Type Landfill Stormwater Discharge COC Facility Status ■ Compliant 0 Not Compliant Question Areas Storm water (See attachment summary) Waynesville NC 28786 Phone 828-627-8042 Certification Exit Time 02 45 PM Phone Phone Inspection Type Compliance Evaluation Page 1 Permit NCG120047 Owner Facility Saniek Environmental of North Carolina LLC Inspection Date 10/31/2013 Inspection Type Compliance Evaluation Reason for Visit Follow up Inspection Summary The primary purpose of this inspection was compliance assistance Sentek continues to do an excellent lob of qualitative and analytical monitoring at the Haywood Co -White Oak Landfill Please review the observations and comments below Analytical Monitoring Yes No NA NE Has the facility conducted its Analytical monitoring? ■ ❑ ❑ ❑ # Has the facility conducted its Analytical monitoring from Vehicle Maintenance areas? ❑ ❑ ❑ ■ Comment The facility is currently in a Tier Two response action and has had two consecutive sampling events within the benchmark range A third sample was attempted but no discharge occurred The permittee has been advised to report no discharge on the monitoring report and collect a sample when a discharge does occur If the results of the third successful sampling event are within the benchmark rangels then the sampling obligation for the Tier Two response action has been met Permit and Outfalls Yes No NA NE # Is a copy of the Permit and the Certificate of Coverage available at the site? ■ ❑ ❑ ❑ # Were all outfalls observed during the inspection? ■ ❑ ❑ 01 # If the facility has representative outfall status is it properly documented by the Division? ❑ ❑ ❑ ■ # Has the facility evaluated all illicit (non stormwater) discharges? ■ ❑ Cl ❑ Comment The facility would like to discontinue sampling at outfall 001 Upon initial inspection It appears that outfall 001 receives drainage from an area that Is outside of the active boundaries of the landfill Haywood Co -White Oak Landfill should further investigate the drainage area to confirm that stormwater does not come In contact with any of the associated industrial process, including unintentional contact with leachate from garbage truck traffic on the adjacent road Upon completion of the evaluation, Haywood Co -White Oak Landfill may request that outfall 001 be removed from the monitoring list The request should be sent to the Asheville Regional Office Page 2 oho{ yjrrlrERQG 7 � � O Y ate' Beverly En4cs Perduc Govt nor Dct Prccmuu Secretary Nor[% Carohw Dgartincni of En rirenAi n' an+! Yaturai ilctour�ca Cckca t' Sutli" Dirccrar DIV18:0n of Water Quahi y I _ v t r, Y�RACEYA,R�PRi��C1T`C�i�_`*�<;� � 7 ..tr-1k � � k�.� • s� �'a.- ^4.,.w .= x�r1 r ^acT' �-s�.,� ,J^ -y,PE TWO YS��,V'(KW_ rCF�►>\i�Er��7�I�,��� f �`;w :� ; _ I Please enter toe permit number for which the change is requested I NPDES Pernut (or) Certificate of Coverage r 1 ' 1 S 2f 7 fi Permit status prior to requested change a Permit issued to (company name) Haywood County__ b Peison lt,gally responsible for perinrt jps2 h S Kin First NIf Last Directer - Recycling and Solid Waste Man_ Bement '!tile 278 Recycle Road_ _ Permit Holder Marling Address _Ljyde Hr 28721 City 5 ate Zip _ ( 828 ) 627-8042 (828 ) 627-8137 Phone Faz c Facility name. (discharge) HarNood County - White Oak Sanitary _ d Facility address T 3898 Fin s Cr ek Read Addresq Waynesville NC 28786 City 5tatt , e Facdity contact person Joseph S King 828 ) 627-8042 First / MI / Last Phone. Re used fV2006 III Please provide the. following for the requested change (revised permit) a Request for change is a result of ❑ Change in ownership of the facility ❑ Name change of the facility or owner If other please expfair Change in operator of the facility b Pernut issued to (company name) Santek Envtronmenta[_of North Carolina, LLC c P(.rson Icgally responsible foi permit Wllllam M D lard Lq APR 2 Or DENR - wetland,, try First Mi Last Executive V P of Operations Title 650 25th Street, NW, Suite 100 Pernut Holder Marhag Address Cleveland TN 37311_ City state Zip (423 ) 476-9160 mdiilard2santekenviro com Phone 6 mail Address d facility name (discharge) Haywood County - White Oak Sanitary e Facility address 3898 Fines Creek Rd Address Waynesville NC 28786 City stare Zip f Facility contact person _Joseph S King First Nil Last (828 ) 627-8042 _ sklng@haywoodnc net Phone E mail Address PERMITNAME/QWiN1SRSHIP CHANGE FOPM Page 2 o12 N PLrtrut Cuntact infoi mutton (r difrerent from the person legally responsible for the perrrut) Perin contact William G Martin F rsl NO last Environmental Comofiance Coordinator Title 650 25th Street, NW, Suite 100 Mailing Address Cleveland TN 37311 Ctry Stale Ztp 423 ) 476-916C wmartfn santekenviro coin Phone 8-r atl Address V Will the pernutted facility continue to conduct the same industrial activities conducted prior to this ownership or name change' ® Yes Ej ?4o (please explain) VI Required Items THIS APPLICATION WILL BE RETURNED UNPROCESSED IF II FIMS ARE INCOb1PLETE OR MISSING This completed application is required for both name charigt, and/or ownership change requests [] Legal documentation of the transfer of ownership (ouch as relevant pages of a contract deed or a bill of sale) is re ulred for an ownership irhangc request Articles of incorporation are not ,ufiicient for an ownership change Tl,e certifit ations below mast be c.omplered and signed by bath the permit holder prior to the change, and the new applicant in the case of an ownership change request For a name change request the signed Applicant's Certlf,cation is sufficient P fRM T��E C RTIFICATION (Permit holder prior to ownership change) 1 osep attoe Fa RA application for a name/ownership change has been revtewc d and is accurate and complete to the best of my knowledge I understand that if all required parts of this application are not completed and that if all required supporting information is not included this application package will be returned as incompI to Stgn Lure are APPLICANT CERTIFICATION I WilliamprlAYMNis application for a nameJownership change has been reviewed and is accurate and complete to the best of my knowledge I understand that if all required parts of this application are not completed and that if all required supporting infOrmatxon is not included this application package will be returned as incomplete ice✓ 1 / % — 9- Signature Date PLEASE SEND THE COMPLETE APPLICA PION PACKAGE TO Division of Water Quality Surface Water Protection Section 1617 Matt Service Center Raleigh North Carolina 27699-1617 Revised 712M SANTE K` ENVIRONMENTAL 650 251h 5treel N W Suite 100 Cleveland Tennessee 37311 (423)476 9160 Tnll Free (800)467 9160 fax (423)479 1952 Email mad@santekervtro corn Internet www santekermro cam [Aa'(j%itsntU44)milr t t[Kat Cttwrem.>r.crxo fkAPIA7y April 6, 2012 North Carolina Department of Environment and Natural Resources (NCDENR) SW General Permit Coverage Renewal Stormwater Permitting Unit 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Re Stormwater General Permit Coverage Renewal Haywood County (White Oak) Sanitary Landfill COC Number NCG 120047 Haywood County, North Carolina To Whom It May Concern Santek Environmental of North Carolina, LLC (Santek) is submitting the enclosed renewal application form to the North Carolina Department of Environment and Natural Resources (NCDENR), Division of Water Quality, in order for the Haywood County (White Oak) Landfill to continue coverage under the National Pollutant Discharge Elimination System (NPDES) General Permit NCG120000 Santek became the operator of the Haywod County (White Oak) Sanitary Landfill on December 1, 2011 and submitted a permit name / ownership change form to the NCDENR, Division of Water Quality, on January 10, 2012 A copy of the permit name / ownership change form is included in this submittal If you have any questions or comments, please feel free to call at (423) 303-7101 Sincerely, Will Martin Environmental Compliance Coordinator Enclosures cc Bradley Bennett, Supervisor — Stormwater Permitting Unit, NCDENR Stephen King, Recycling and Solid Waste Director, Haywood County Marty Stamey, County Manager, Haywood County Matt Dillard, Executive V P of Operations, Santek Rob Burnette, P E , Executive V P of Engineering, Santek Ron Vail, P E , Engineering Department Manager, Santek John Preston, Facility Manager, Santek Prated on recycled paper Permit Name / Ownership Change Form Haywood County (White Oak) Sanitary Landfill COC Number NCG120047 �lc_ (C� IQC�' i Panuary 10, 2012 F [Mr Bradley Bennett SA NI T E forth Carolina Department of £nvironmt.nt and Natutdl RLsourLI-S EiNVIRON�Nj EN iAL Division of Water Quality - Surface Water Protection Section wo7't-sir,at h%11 sJ1a10G �1617 Mail Service Center Crc-,ma -- 7ernessaa 373 ',423,-76 „en Raleigh, North Carolina 27699-161 TN1I F,, - (OLCP67 " Q -al (423)1-19 Re SurfaU Water Protection SL(,tlOn Permit Narnt, / Owncrship Change Form Inllrn° r, rsanle'el wl) on Haywood County - White Oak Sanitary Landfill Permit Number NCG120047 te��, ct,u Szrt"7�r , iiK�e, toeat Crcacyn.+ art P-11 c1. 17 Mr Bennett antek Environmental of Noith Carolina, U,C (Samey) is submitting a permit arne/ownc,rship change form for the Ilaywood County - What Oaf. Sanitary andfill (Landfill) Haywood Countv remains the owner of thf. Landfill, and antek became the operak, of the. Landfill on DeLcrnb,-r 1, 2011 f you have any questions or comments, please fi~el tree to call at (423) 476-9160 inee re, ly, Will Martin Environmental Compliance Coordinator nclosure Susan A Wilson, Division of Water Quality, NCDENR Joscph S King, Recycling and Solid Waste Director, Haywood County Marty Stamey, County Manager, Haywood County Cheryl Dunson, Executive V P of Marketing, Santek Matt Dillard, Executive V P of Operations, Santek Rob Burnette, P E , Executive V P of Engineering, Santek Ron Vail, P E , Enginrering Department Manager, Santek John Preston, Facility Manager, Santek Fnn:M an rwA'A paw S _AN T E K' ENVIRONMENTAL 650 25th Sir eel N W Suite 100 Cleveland Tennessee 3731t (423)476 9160 loll Free (600)467 9160 Fax (423(479 1952 Email madasanAenvirocorn Internet wwN santekenwo corn Luhditff jntr7snt.rfI,IeT Lo. It CfMe o a n rr ti N 7Fnt�7 j April 6, 2012 North Carolina Department of Environment and Natural Resources (NCDENR) SW General Permit Coverage Renewal Stormwater Permitting Unit 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Re Stormwater General Permit Coverage Renewal Haywood County (White Oak) Sanitary Landfill COC Number NCG 120Oo047 Haywood County, North Carolina To Whom It May Concern Santek Environmental of North Carolina, LLC (Santek) is submitting the enclosed renewal application form to the North Carolina Department of Environment and Natural Resources (NCDENR), Division of Water Quality, in order for the Haywood County (White Oak) Landfill to continue coverage under the National Pollutant Discharge Elimination System (NPDES) General Permit NCG120000 Santek became the operator of the Haywod County (White Oak) Sanitary Landfill on De(ember 1, 2011 and submitted a permit name / ownership change form to the NCDENR, Division of Water Quality, on January 10, 2012 A copy of the permit name 1 ownership change form is included in this submittal If you have any questions or comments, please feel free to call at (423) 303-7101 Sincerely, Will Martin Environmental Compliance Coordinator Enclosures cc Bradley Bennett, Supervisor — Stormwater Permitting Unit, NCDENR Stephen King, Recycling and Solid Waste Director, Haywood County Marty Stamey, County Manager, Haywood County Matt Dillard, Executive V P of Operations, Santek Rob Burnette, P E , Executive V P of Engineering, Santek Ron Vail, P E , Engineering Department Manager, Santek John Preston, Facility Manager, Santek Pr and on recyc ed p,rei Ar WAt Permit Coverage F Renewal Api)JIcation Fonn National Pollutant Discharge Elimination System Stormwater General Permit NCG120000 Certificate of Coverage Number MCG120047 The following is the information currently In our database for your facility Please review this information carefully and make all corrections/ additions as necessary in the space provided to the nght of the current information Qviner Affilifiltiann ion * Re&sued Permit wr/1 bye mailed to the owner address Owner/ Organization Name Haywood Co Santek Environmental of North Carolina, LLC Owner Contact William M Dillard Mailing Address 215 N Main St 650 25th Street, NW, Suite 10Q Waynesville, NC 28786 ffeveland, TN 37311 Phone Number 828-452-6629 Ext 423 303-7101 Fax Number 628-452-6715 (423) 479-1952 E-mail address mdillard antekenvir corn Facility/Permit Contact irrfarmation Facility Name Haywood Co -White Oak Sanitary Facility Physical Address 3898 Fines Creek Rd Waynesville, NC 28786 Facility Contact Mailing Address Phone Number Fax Number E-mail address Discharge Inforrnatlon Receiving Stream PIGEON RIVER (Waterville Lake below elev,-don Stream Class C Basin French Broad River Basin Sub -Basin 04-03 05 Number of Outfalls Impaired WatQMfTMQL Does this facility discharge to waters listed as Impaired or waters with a finalized TMDL? ❑ Yes W No ❑ Dont Know for information on these waters refer to h* //h2o enrsOte nc us/su/lmpairea Waters 77tfDLI 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 informatton true, complete anrmrl'� Signature / �- - Bate ^ rr Z William M Dillard Print or type name of person signing above Please return this completed renewal application form to APR 9 10i% �UHLITY $irrater Branch Executive V P of Operations Title SW General Permit Coverage Renewal Stormwater Permitting Unit 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Permit Name / Ownership Change Form Haywood County (White Oak) Sanitary Landfill COC Number NCG120047 ?� }JanLiar` 10, 2012 1 - 'ivfr Bradley B�-nneLt - 'i""orth Carolina Department of Environmtrit and tN'atlual RCSoitrc,-5 E IV1,�0Jf !mill=+\I IDlvrsion of Wat,,r Quality - SL1rFace Wat,-r Protection Section 2,t�s 0r V P SL,tAIrA 1617 Mail Service Center cd iar '+riaas�ai, y�cr. 1Raleigh, North Carolina 27699-1617 You t2? Arj-s- a ,,,, (55 �,�, el ir« „o ,- 'Re Surfacc Water Protection Section Permit NnmE / Ownership Change Form in m' r" at[- ' r^ °" Haywood County - White Oak Sanitary Landfill r Permit Number NCG 120047 Dear Mr Bennett Santek Environmental of Noith Carolina, LL C. (Santek) is submitting a pernut !name/ok�n�.rship change Form For the 1layMod County - White Oak Sanitary Landfill (Landfill) Haywood County remains the owner of thi, Landfill, and Santek bccame the operator of the Landfill on Pecembtt 1, 2011 1 IF you nave any questions or comments, please ftel fruc to call at (423) 476-9160 IStricerely, Will Martin vironmental Compliance Coordinator Enclosure cc Susan A Wilson, Division of Water Quality, NCDFNR Joseph S King, Recycling and Solid Waste Director, Haywood County Marty Stamey, County Manager, Haywood County Cheryl Dunson, Executive V P of Marketing, Santek Matt Dillard, E-ceeutive V P of Operations, Santek ca�<cr tr �t�ia,, iir~at, Rob Burnette, P E , Executive V P of Engineering, Santek Ron Vail, P E , Engineering Department Manager, Santek John Preston, Facility Manager, Santek Punted on myte4 paper Or �+lArrC� Rc� r{� Ea+cs Pcrdae Ga�ernar O`�fQG Dee Fri -man Se retury 7 �t Nor i Carolina D,Wimcnl at Gtnrorim nt 3nd Natural Rctaur .j O Y Cole n F SUUI,SS director Diaswn of Waicr Qualtly x9t W�, PER3 `I.i� l�"� 'W�?rCT N w �7RYI r ;r 1 Please enter the perrrut number for which the chaoge is requested IMES Permit (or) Ccravcatc of Coverage U Permit status pLior to requested change a Pernut issued to (company name) Haywood Cotin,h b Aersarl legally responsible ftir perc*ur Joseph S Kinc_1 Firsc hit Last Director - Recycling and Solid Waste I'danant This 278 Recycle Road Pcr-mt Haider MaJmg address clvde NC 28721 ctly sic 210 ( 823 � 627-8042 (828 ) 627-8 f 37 Phone Fa.( c Facility namt- (discharge) Haywood County - White Oak Sanitary d Facility address 3898 Fines Creek Road Addrnq Waynesville NC 28786 City state f , e FiLilir/ contact person Joseph S King $28 ) 627-8042 First / NEI/ Last Pironc III Please provide the, following for the requested change (revised permit) a Request for change is a result of ❑ Change in ownership of the facility ❑ Name change of the faciliry or owner If otherplease erplerin Change in operator of the facility b Permit issued to (conipany name) Santek Environmental of North Caro#Ina LLC e Parson legally responsible foi permit William M Dillard First Nff La5t Executive V P of Oclerations Tide 650 25th Street, NW Suite 100 Permit Holder Mat ling Address Cleveland TN 37311 City State Zp (423 ) 476-9160 md ilia rd@santekenvi ro corn �Phanc H mail Address d facility name (dice barge} _Haywood County - White Oak Sanitary e Fnciliry address 3898 Fines Creek Rd Address Waynesville _ NC 28786 Ciry 'Slate Zip f Facility contact person JoSeohh S _ _ King Frei Mr Last (828 ) 627 8042 sking@weodnc net Pharic E mail Address Ra,lue Si2ocs PMAYEIOW,,�SRSHIP CHA,NG-r- FORM Pagj 2 o. 2 TV Perrru t contact info[ niation (i' d,iterent from the person legally responsible for he permit) Permit contact William G Martiri Frit ING Iav Environmental Comohance Coordinator 'file 650 25th Street, NW, Suite 100 Mating AJdress Cleveland TN 37311 fir/ Scare Zap 0423 } A76-9160 wmartinQsantekenviro cam °hone F marl Address V WW the permitted fAtthty continue to conduct the same industrial activities conducted prior to this ownership or name change' ® Yes ❑ No (ple3se explain) V1 Required Items THIS APPLIC4,TION WILL BE R.ETMNT D UNPROCESSED IF I i EMS ARE IiNCOVIPLETE OR 1ti11SSING [ This completed application is required for both name change and/or ownership change requests ❑ Legal documentation of the transfe- of ownership (such as relevant pages o` a contract deed or a bill of sale) is required for an ownership change request 4ni0es of incorporation are not sufficient for an ownership change TI c certifitatiors ticlow must be completed and signed by both the pertrut holder prior to the change, and the new applu,ant to the case of an ownership change request For a name range request the signed Applicant's Ccrtir,c.ation is sufficient P�It 4T E C TIFICATION (Perrruc holder prior to ownership change) I os8p at2e��MM application tar a name/ownership change has been reviewed and is accurate and complete to the best of my knowledge I understand that i, all required parts of thts application are not completed and chat if all required supporting information is not included taus application package will be retlzIlyd as :ncompl t-,w // Ll Sig tore ate APPLICANT CFRT1F7CkTi0N I iNilltam��itl��ris application for a narrielownership change has been reviewed and is accurate and complete to the best of my knowledge I understand that If all required parts of this application are not completed and that if all required supporting information is not included this application package will be returned as incomplete I WFZI Signature /-9-/z Dare PLEASE SEND THE COMVIPLETE APPLICA PION PACKAGE TO Division of Water Quality Surface Water Protection Section 1617 Mail Service Center Raleigh North Carolioa 27699-1617 Remed M008 F WAr& 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 3/18/2004 CER I IFIED MAIL RETURN RECEIPT REQUESTED DAVID MOCK CONCRETE SUPPLY CO -KINGS MOUNT PO BOX 5247 CHARLOTTE NC 28225 Subject FINAL NOTICE NPDES Storrnwater Permit Renewal Concrete Supply Co -Kings Mount COC Numhci NCG 140047 Clevcl ind County Dear Perinittec Your f icilny is currc,ntly covered for stormwater discharge under General Permit NCG140000 Phis permit will expire on July 31 2004 North Carolina General Statute 143 215 1((-) require% that an application for permit coverage renewal be Filed in a timely manner A prior notice of rcnewat w is sent for this site on December 1, 2003 To date, no response has been reccned by the Division of Water Quality (DWQ) In order to as,,ule your continued coverage under the general permit, you must apply to DWQ for renewal of your permit coverage Enclosed you will find a general perinit renewal application form The, application must be completed and returned by April 19 2004 in order to assure continued cover ige under the general pernnt Failure, to request renewal by April 9 2004 can result in a civil assessment of at IL ist $250 00 L irger penalties may be assessed depending on the delinquency of the requc,,t Discharge of Storrnwater from your tactility without coverage under a valid stormwater NPDES permit would constitute a violation of NCGS 143-215 1 and could result in assessment,, of civil penalties of up to $10,000 per day II you have, uiy quc,,lion,, rcgardmg the permit icnewal procedures please c.cmtact Bill Milk of the Centi it Offie.e Stormwater Unit at (919) 733-5083 ext 548 Sincerely Bradley Bennett Supervisor Storrnwater and General Permits Unit cc Central Files SWGPU files Mooresvilk Regional Office F4► ©r+A NCDENR N C Division of Water Quality 1617 Mail Service Center Raleigh NC 27699 1617 (919) 733 5083 Customer Service 1 800 623 7748 F WATF �0�o RQt✓ 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 July 31, 2003 C Jack Horton Haywood Co CIO 1 Recycle Rd Clyde, NC 28721 Subject NPDES COC # NCG120047 Haywood Co -White Oak Sanitary Compliance Schedule Correction Haywood Dear C Jack Horton It recently came to the Division's attention that the compliance schedule in the NCG120000 permit is incorrect The compliance refers to requiring a Stormwater Pollution Prevention Plan which is not a requirement of this permit The corrected compliance language that should go under Part III, Section A 1 is shown below We have also attached a new page reflecting this change for your permit file (Part III page 1 of 11) This new page should replace the current page in your permit SECTION A COMPLIANCE AND LIABILITY Compliance Schedule The permittee shall comply with the permit in accordance with the following schedule Existing Facilities Upon the effective date of the Certificate of Coverage the permittee shall comply with all of the conditions detailed in Part II, Section A Final Limitations and Controls for Stormwater Discharges New Facilities Upon the beginning of discharges from the operation of the industrial activity the permittee shall comply with all conditions detailed in Part 11, Section A Final Limitations and Controls for Stormwater Discharges If you have any questions concerning this matter please contact Aisha Lau at (919) 733-5083, ext 578 cc Stormwater and General Permits Unit Asheville Regional Office Central Files awn NCDENR Customer Service 1 800 623 7748 Sincerely, ORIGINAL SIGNED By BRADLEY gg Alan W Klimek,RE7T Division of Water Quality 1617 Mad Service Center Raleigh NC 27699 1617 (919) 733 7015 Michael F Easley Governor William G Ross Jr Secretary North Carolina Department of Environment and Natural Resources t3 Y Alan W Klimek P E Director Division of Water Quality August 23 2002 C JACK HORTON HAYWOOD CO-WHI I E OAK SANI I ARY 278 RECYCLE ROAD CLYDE NC 28721 Subject NPDES Stormwater Permit Renewal HAYWOOD CO WHITE OAK SANITARY COC Number NCG 120047 H iywood County Dear Permittee In response to your renewal application for continued coverage under general permit NCG 120000 the Division of Water Quality (DWQ) is forwarding herewith the reissued stormwater general permit 'I his permit is reisuted pursuant to the requirements of North Carolina General Statute 143-215 1 and the Memorandum of Agreement between the state of North Carolina and the U S Environmental Protection Agency dated December 6 1983 The following information is included with your permit package * A new Certltic, ite of Coverage * A copy of General Stormwater Permit NCG 120000 * A copy of the Analytical Monitoring Form (DMR) * A copy of a Technical Bulletin for the general permit Your coverage under this general permit is not transter able except after notice to DWQ Fhe Division m iy require modification or revocation and reissuance of the CertitlLate of Coverage This permit does not affect the legal requirements to obtain other permits which may be required by DENR or relieve the permittee from responsibility for compliance with any other apphcable federal, state or local law rule %tandard ordinance, order judgment or decree It you have any questions regarding this permit package please contact Aitiha Lau of the Central Office Stormwater and General Permits Unit at (919) 733 5083 ext 578 i Sincerely Bradley Bennett, Supervisor Stormwater and General Permits Unit cc Central Piles Stormwater & General Permits Unit Files Asheville Regional Office ALMA NtDENR N C Division of Water Quality 1617 Mad Service Center Raleigh NC 27699 1617 (919) 733 7015 Customer Service 1 800 623 7748 M;chael 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 ❑LLWnhLC 27 2001 C JACK }IOR ION HAYWOOD CO-WHI I E OAK SANITARY C/0 I RI -CYCLE RD CLYDE NC 28721 SUbJCLt NPDI:ti Stoi ntw ttt,i PL1 m11. RLIIL W II I M WOOD CO-W HI 11: OAK SANI I ARY Ct>CNunthLi NCG120047 11 IN wood County DL a PLI ItllttLL You1 t Ictllty Iti LutrLntly CotiuCd lot storntw 1I1-1 d11,Lh ugL under GLnc is d PLtnut NCG 120000 1111', pLlnut LtP1ILti on Augutit 3I 2002 I hC Di%tuon CI III IC Cu1lLntl) in Chi- PIOLLtiti of ILi+rlung 1h1' PLI m1t Ind lti a hLdulul 1011 INC. IIIL PCrnIIt rL1',SULd by I ItC unlnllcr of 2002 Onct lhu perinit 11, IC11,1,Llul vour factlity could hC LhglhlL Ior LOntuluLd CO%Lrwt- undo dic rit1,1uCd lkinut In 01(IL1 to 1S',IIL jOUI COnttnuCtl CON Ur HgL ul)tlLI IhC ,Lncrll PLtntit you Irlutit apply to the DIN I1,1011 OI W nu QU Ility (DWQ) [Or rLIIL k II o1 youl PCrmil L1lVLI IgL I ill ILL 1111, IL1ILw 11 procuv, C P IU wC trC inloiming you in tdv HILL th It }Otn punut will hL Lvhnmg EIILIo',Ld Nou k+Ill Ilnd I (.Cncr tl PCrtntt GI»Era�;c RcnCtii rl Appht- itlon I orrn ThL glPhc tUon mint hi. Con1hILILLI Ind ICtuInLLI h� N1 HrCh 4 2002 In oidLI to ttiSUIC LirrlUnuui Loki tgL undCl IhC gcnci it p,rmrt FIIIurC to 1L(ILIU L rLlILw 11 within 1111', IIIIIL PLI Iod In iy IC4ult to I Ltvil ItitiLtiSnlCnt of II IC Itit',,250 00 C. w,Cr PCn 1111L, nl Iv hL 1SSLtiud dLPuxlnlg On the clLJnuluLnCy of thL ICLIuLSI Dltichar+,C nl ,Ionttw 11LI hrnn gout I iLllrty wlthoUt LMLI IgL under I t did titoi nlw uCr NPDES PL11n1t would cow titutL I v lot Itiou of NCG 143-215 I tnd COkIld 104111 In IStiLstiln,nh Of (IN 11 p,na1110, 01 ttP to w 10 000 pLr d I\ PIC to 1101L th It Icu.nt ICdLI 11 ILgI'd loon h 1, LxICntlL I tIlL no LrPutiulL LxciutilOII to III uperltorti A Intlutirl1 11 f ILIhtILti in illy of lht- 1 I L 11LgoIICti of �,tonn w ItL1 di"Ch ngC. P,1,OLI Iti-d with nu11.1ti111 11 ILtINIty (LrLLpt u11',tl001011 aLUvill,ti) Il }Ou ICCI dour I ICthty C In CutttN I Londltton Of uo LXPo',uIL I L IhL I Iuhv nulu1,lri II Ill IILI I ilti uld OPL1 I11011t IIL II01 LXpo,,Ld to simillw ltui you Can Illply for th4 $10 CYPotiuIL LALILIti1011 I-OI Idd111on,tl nllorm ituln Cont Ict thL Unit- it O I ILL S101 mw ItCI St Ill nlLnlh,r h,.tCd blow Or LhCck the SIornlw ItLr & GLICI It PLl-inw, Unit WLb 5itc it hill) //1120 Lill- ',I ItL nL utihul1,I0IIM% IILI hUill II ihL tiuhlLLt ,lornlwIILl ditiLll 11gL to w IIL1ti ul fhL tit IlL 11 Is bCLn ILIIIIIII ItCLI p1L tti, LOMPILIL lh, LnCletiul Rtscw,ion RLtluLtit Norm M iihng IltitruLtrml. uC Iltilul On th, ho11or11 (11 th(, Ionn You will hL nOIIlILd wh,n 0U, rCSLItislon (MOLL I, h 11, hLLll a I)II)ICILd It \ou 11 1tC Inv yuLstlom rLg udin" IhL PLInII1 ICIILti� 11 PIOLLduILti PIC V L Lont ILI JIm kLid of thL AQIL\ III, RLg1011 11 (NhCL tt 828 251 0208 or AI,,II I L ILI Of thL Ccnli 11 OTALL '�I(nIl1W,nLI Unit It (g 1 g) 733 50ti3 Lxl 578 'IIIILLJLIy 131 Idl,v 131,1110t SuPCI noI �101I w uLi Ird GU7C1 11 I',I1111tti Un11 cc CLItt111I-IkS r��liL 111L, ++Ion it OHICC DNA NCDENR N C Division of Water Quality 1617 Mail Service Center Raleigh NC 27699 1617 (919) 733 7015 Customer Service 1 800 623 7748 ,- Y Stlte of North Carolina Department of Environment, Health and Natural Resources Division of Environmental Management James B Hunt, Jr, Governor Jonathan B Howes, Secretary A Preston Howard, Jr, P E , Director March 25, 1994 Mr Jack Horton Haywood County White Oak Sanitary Landfill 1 Recycle Rd Clyde, NC 28721 Subject General Permit No NCG120000 White Oak Sanitary Landfill COC NCG120047 Haywood County Dear Mr Horton In accordance with your application for discharge permit received on January 19, 1994, we are forwarding herewith the subject certificate of coverage to discharge finder the subject state - NPDES general 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 US Environmental Protection agency dated December 5, 1983 If any parts, measurement frequencies or sampling requirements contained in this permit are unacceptable to you, you have the right to request an individual permit by submitting an individual permit application Unless such demand is made, this certificate of coverage shall be final and binding Please take notice that this certificate of coverage is not transferable except after notice to the Division of Environmental Management The Division of Environmental Management may require modification or revocation and reissuance of the certificate of coverage This permit does not affect the legal requirements to obtain other permits which may be required by the Division of Environmental Management or permits required by the Division of Land Resources, Coastal Area Management Act or any other Federal or Local governmental permit that may be required If you have any questions concerning this permit, please contact Mr Bill Mills at telephone number 9191733- 5083 Sirmui signed BY Coleen H Sullins A Preston Howard, Jr , P E cc Asheville Regional Office P O Box 29535, Raleigh, North Carolina 27626 0535 Telephone 919 733-5083 FAX 919 733 9919 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post consumer paper STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATURAL RESOURCES DMSION OF ENVIRONMENTAL MANAGEMENT STORMWATER DISCHARGES In compliance with the provision 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, Haywood County White Oak Sanitary Landfill is hereby authorized to discharge stormwater from a facility located at White Oak Sanitary Landfill Route 4 Waynesville Haywood County to receiving waters designated as Pigeon River in the French Broad River Basin in accordance with the effluent limitations, monitoring requirements, and other conditions set forth in Parts I, II, III and IV of General Permit No NCG120000 as attached. This certificate of coverage shall become effective March 25, 1994 This Certificate of Coverage shall remain in effect for the duration of the General Permit. Signed this day March 25, 1994 Original Signed By Coleen H Sullins A Preston Howard, Jr, P E Division of Environmental Management By Authority of the Environmental Management Commission ELEV 2258 _�� ile O_'..'� v 1. FACILITY " FACILITY COUNTY ` COUNTY N �, "¢ r)� PCfr )a 0047 F f to N15� 4v N1p Ll , 9E -5 ° 4 P CS {py _ LC ' j p) E "[AM ��++ P s � STREAM Pj qwn Rt vm 3Tz. r i ti �T � 1 r�``! I��S DISCI ►,� ."E TYPE ` �f3�;��R,�;�ETYPE 5W EXPIRATION DOE EXPiP,A R ION DATE 00J 31 ��� Memo To Fi Author S A Wilson Date 8/12/2013 Re White Oak Landfill — Haywood Co — Santek Environmental After the inspection December 12 2013 — it was noted that some outfall monitoring was likely not necessary — and representative outfall status could be requested To date — no request has been received However — before this file gets turned over to DEMLR with the reorganization, I wanted to contact them to tell them to request ROS for some outfalls I will send John Preston (Santek) and Stephen King (Haywood Co) an email to tell them to request ROS for SDO2 can represent SDO1 SDO5 can represent SDO6 (this needs to be confirmed, but I believe SDO6 is pumped to the basin for SDO5) SDO4 — they should request that this outfall be eliminated This area is completed vegetated with surroundings vegetated There is no disturbed areas draining directly to this outfall (and where the upper road is — there is greater than 200 ft of sheetflow to the 'basin) This outfall has had exceedances to fecal coliform — for which we can only attribute to wildlife INE rya � � ;�?'r s 650 251h Street N VV Suee 100 Cleveland Tennessee 37311 (423) 303 T101 Email majAsantekenvvo com Internet www santekenvua com June 24, 2013 NCDENR Central Files Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Re Tier Two Monitoring (SDO-4) Haywood County (White Oak) Landfill NPDES Permit Number NCG120047 To Whom It May Concern RECE11lE j JUL - 8 2013 DWQ/Surface Water Prrotecton 5acttan Achcvtlfe Re lanai p�� In accordance with the Tier Two monitoring requirements located in Part II(B) of General NPDES Permit (NCG120000), stonnwater discharge outfall (SDO-4) became subject to monthly monitoring followmg two consecutive Total Suspended Solids (TSS) detections above the benchmark value (100 mg/L) which occurred on July 2, 2012 and December 10, 2012 Since January 2013, a monthly sample has been collected or no discharge has been reported at SDO-4 A monthly sample was collected in May 2013 However, tins sample was not collected in the proper sample containers and was delivered to the laboratory past the hold time requirements Therefore, the sample was not analyzed by the laboratory Site personnel involved with collecting the improper sample have been contacted, and this issue has been resolved A proper sample was collected at SDO-4 on June 18, 2013, and the results will be included in the next monthly discharge monitoring report (DMR) submitted to NCDENR (Division of Water Quality) Tier Two monitoring will continue at SDO-4 If you have any questions or comments, please feel free to call at (423) 303-7101 Sinceiely, Will Martin Environmental Compliance Coordinator cc Susan A Wilson, Division of Water Quality, NCDENR Joseph S King, Recycling and Solid Waste Director, Haywood County Marry Stamey, County Manager, Haywood County Matt Dillard, Executive V P of Operations, Santek Rob Bumette, P E , Executive V P of Engineering, Santek Cheryl Dunson, Executive V P of Marketing, Santek Ron Vail, P E , Engineering Department Manager, Santek John Preston, Site Manager, Santek Wilson, Susan A From Will Martin <wmartin@santekenviro com> Sent Wednesday January 30, 2013 9 06 AM To Wilson, Susan A Cc John Preston Subject RE re inspection report for White Oak LF/ NC Susan, I spoke with John Preston about the address issue at the landfill Feel free to send anything related to the landfill to me at the Cleveland, TN address I will make sure John gets a copy The address is in my signature below Please let me know if you have any questions Thank you, Will Martin Sant,-k Wash SCrvm-s Inc 6>0 2Ui St NW Stnte 100 CIC, Lland IN 37311 (423) 3 03 -7 101 ph (423 )-179- t 9,2 1\ �i niartin Ga santLk nviro corn SANTEK IVkAIT.A. WasteServices From John Preston Sent Wednesday, January 30, 2013 8 40 AM To Will Martin Subject FW re inspection report for White Oak LF/ NC From Wilson, Susan A [mailto susan a wilson(@ncdenr gov] Sent Monday, January 28, 2013 11 11 AM To John Preston Subject re inspection report for White Oak LF/ NC John - I put the landfill mailing address on the inspection report and it was sent back (which reminded me that I think you guys told me they would not deliver to that physical address) What mailing address should I send it to for you? All we have otherwise is the TN address I have some supplemental information with that I want to make sure you get And — I received the last analytical results last week and that is Just a puzzle Thanks, Susan Susan A Wilson - Susan A Wilson@ncdenr gov North Carolina Dept of Environment and Natural Resources Asheville Regional Office Division of Water Quality - Surface Water Protection 2090 U S 70 Highway Swannanoa, NC 28778 Tel 828-296-4500 Fax 828-299-7043 Notice E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and therefore may be disclosed to third parties No virus found in this message Checked by AVG - www ayg com Version 2013 0 2890 / Virus Database 2639/6063 - Release Date 01/28/13 Za;w� 4. NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Pat McCrory Charles Waklld, P E Governor Director January 14, 2013 Mr John Preston, Santek Environmental of North Carolina, LLC c/o White Oak Landfill 3898 Fines Creek Road Waynesville, NC 28786 Mr Stephen King, Director, Solid Waste Management — Haywood County 278 Recycle Road Clyde NC 28721 SUBJECT NPDES Stormwater Permit Compliance Inspection Haywood Co -White Oak Sanitary PermitNo NCG 120047 Haywood County Dear Mr Preston and Mr King John E Skvarla, III Secretary This letter is in follow-up to the NPDES Stormwater Permit Compliance Inspection conducted on December 12, 2012 The facility was found to be in compliance with permit NCG120047 The Division of Water Quality appreciates all the efforts put into the landfill by Santek (as well as the County, prior to this year), to bring it into compliance with the stormwater permit and with water quality standards Enclosed is a copy of the Compliance Inspection Report, which contains additional observations and comments for your reference Please contact me at (828) 296-4665 or Susan A Wilson a,ncdt nr gov, if I can be of any further assistance Sincerely, { Susan A Wilson Environmental Engineer Surface Water Protection Enclosure RECEIVED JAN 2 3 2013 DwQ Wfb= Water %0ftflM &xd= cc Central Files Asheville Files Mr Marty Stamey, Haywood County Manager, 215 N Main St, Waynesville, NC 28786 S 1SWP1HaN Aood\StormHaterlNCG12 Landfills\Havuood Co landfi111Whrte Oak LF 12 201210Ei 12 20121LTR Cl;l White Odk LF 12 2012 doc Location 2090 U S Highway 70 Swannanoa North Carolina 28778 One Phone 828 296-45001 FAX 828 299 7043 NOrthCarohna Inlemet www ncwaterquahty org NRturRCly An Equal Opportunely 1 nffirmative Action Employer Permit NCG120047 SOC County Haywood Region Asheville Compliance Inspection Report Effective 11/01/12 Expiration 10/31/17 Owner Santek Environmental of North Carolina LLC Effective Expiration Facility Haywood Co -White Oak Sanitary 3898 Fines Creek Rd Contact Person Stephen Kinglf0N Title Directions to Facility System Classifications Primary ORC Secondary ORC(s) On Site Representative(s) Related Permits Inspection Date 1211212012 Entry Time 10 00 AM Primary Inspector Susan A Wilson Secondary Inspector(s) Reason for Inspection Routine Permit Inspection Type Landfill Stormwater Discharge COC Facility Status ■ Compliant El Not Compliant Question Areas Storm Water (See attachment summary) Waynesville NC 28786 Phone 828 627 8042 Certification Phone Exit Time 01 00 PM Phone 828-294 4500 Inspection Type Compliance Evaluation Page 1 Permit NGG120047 Owner Facility Santek Environmental of North Carolina LLC Inspection Date 1211212012 Inspection Type Compliance Evaluation Reason for Visit Routine Inspection Summary Susan Wilson and Tim Fox met with Jeff Hunter (Santek) to perform the site Inspection Santek operates the landfill for Haywood County (and has operated it since late December 2011/January 2012) Santek has done an exemplary job of continuing with improvements at the landfill All the outfalls are properly labeled all are observed and photographed weekly and after 1/2 rainfall event Analytical monitoring has been conducted as required (and Mr Martin informed DWQ of the benchmark exceedances after the July 2012 sampling) DWQ is unsure why the fecal coliform benchmarks were exceeded at certain outfalls (and TSS at certain outfalls) Santek should continue to investigate these areas as more data is gathered There is groundwater flow through some basins (which may or may not be contributing to the issue) DWQ will work with Santek on these issues The facility appears to have adequate BMPs and is doing an exemplary job with continued maintenance at the landfill Some improvements still need to be made (the entrancelhaul road area) - and per Mr Hunter this is scheduled to be done within the year DWQ will work with Santek to remove monitoring for some outfalls and/or establish Representative Outfalls Status for some This inspection was discussed with Mr John Preston afterwards (he was unable to be present during the inspection) Based on observation of the tributary below Outfall SDO-08 (sediment was removed from this tnbutary) NOV-2011-PC-0235 that was issued to Haywood County will be closed out (this letter will be sent to Mr King) The fence line below SDO-8 and SDO-5 should be kept clear of debris to allow flow through Page 2 Permit NCG120047 Owner Facility Santek Environmental of North Carolina LLC Inspection Date 12/12/2012 Inspection Type Compliance Evaluation Reason for Visit Routine Qualitative Monitoring Has the facility conducted its Qualitative Monitoring semi-annually? Comment Santek has performed all the required qualitative monitoring for each outfall (and took photos as well) Analytical Monitoring Has the facility conducted its Analytical monitoring? # Has the facility conducted its Analytical monitoring from Vehicle Maintenance areas? Comment Analytical monitoring was performed by Santek 7/2/2012 (slightly later than the required semi-annual period, Santek notified DWQ of this) Sampling was conducted 12/10/2012 (for the second semi-annual period) Permit and Outfalls # Is a copy of the Permit and the Certificate of Coverage available at the site? # Were all outfalls observed during the inspection? # If the facility has representative outfall status is it properly documented by the Division') # Has the facility evaluated all illicit (non stormwater) discharges'? Comment At the time of the inspection - they had not yet received their new Certificate of Coverage (but the older one was on file) Yes No NA NE ■nnn Yes No NA NE ■nnn nn■n Yes No NA NE ■nnn ■nnn nn■n ■nnn Page 3 A . .iw—I A NCDENR North Carolina Department of Environment and Natural Resources Beverly Eaves Perdue Governor Division of Water Quality Charles Wakild P E Director William Dillard Santek Environmental of North Carolina LLC 650 25th St Nw Ste 100 Cleveland TN 37311 Dear Permittee December 4 2012 Dee Freeman Secretary Subject NPDES Stormwater Permit Coverage Renewal Haywood Co -White Oak Sanitary COC Number NCG120047 Haywood County In response to your renewal application for continued coverage understormwater General Permit NCG120000 the Division of Water Quality (DWQ) is forwarding herewith the reissued General Permit This permit is reissued pursuant to the requirements of North Carolina Genera! Statute 143-215 1 and the Memorandum of Agreement between the state of North Carolina and the U S Environmental Protection Agency, dated October 15 2007 (or as subsequently amended) The following information is included with your permit package • A new Certificate of Coverage (COC) • A copy of General Permit NCG120000 8 A copy of the Technical Bulletin for the General Permit Two copies of the Discharge Monitoring Report (DMR) Form • Two copies of the Qualitative Monitoring Report Form The General Permit authorizes discharges of stormwater, and it specifies your obligations for discharge controls management, monitoring, and record keeping Please review the new permit to familiarize yourself with all the changes in the reissued permit Your facility has six (6) months from the time of receipt of the permit to update your current SPPP to reflect ah new permit requirements The first sample period of your permit begins January 1, 2013 Your facility must sample a "measureable storm event" beginning during the penods beginning January 1 and July I of every year (or, if applicable, report No Flow as outlined in Part III, Section E) Also, please note that Tier 3 Actions in Part 11 of your permit are triggered by benchmark exceedances on four occasions beginning on the effective date of this permit and do not count prior exceedances The more significant changes in the General Permit since your last COC was Issued are noted either in the Draft Permit Fact Sheet that accompanied the public notice (http _portal ncdenr orslweb/wq/ws/su/current notices), or in the Response to Comments / Summary of Changes and Technical Bulletin documents that are posted on the Stormwater Permitting Unit's website with the new General Permit Please visit http //portal ncdenr org/web/wq/wslsu/npdessw (click on'General Permits' tab) to review that information for your specific General Permit carefully 1617 Mail Service Cenler Raleigh North Carolina 27599 1617 Locator 512 N Salisbury St Raieigh North Carolina 27604 Phone 91MI-M [ FAX 919 607 602 Internet www ncwate[g iahly arg An Equal Opportunil Affamabve Action Employer NorthCarohna ;Vatui,il �l� William Dillard December Q, 2012 Page 2 of 2 Some of the changes include ■ Part II • Section A The Stormwater Pollution Prevention Plan (SPPP) section, if applicable, has been updated to the most current language of our permits Additional conditions for specific industry sectors have been added to the SPPP requirements in some cases • Sections B, C Failure to perform analytical Stormwater monitoring may result in the Division requiring that the permittee begin a monthly sampling scheme • Sections B, C A lower TSS benchmark of SO mg/I for HQW ORW, PNA and Tr Waters applies to these more sensitive waters • Sections B, C The monitoring parameter Oil & Grease (O&G) has been replaced by the parameter Total Petroleum Hydrocarbons (TPH) for vehicle maintenance areas and in some cases, other analytical monitoring requirements • Sections 8, C, D Inability to sample due to adverse weather must be recorded in the SPPP, or in separate on site records if your General Permit does not require an SPPP Adverse weather is defined in the "Definitions" section of the permit • Sections B, C The term "Representative Storm Event" has been replaced by "Measurable Storm Event " A measurable storm event is defined in the permit • Section D If the permittee fails to respond effectively to problems identified by qualitative monitoring DWQ may require the permittee to perform corrective action Please review Parts III and IV to understand the Standard Conditions of your new NPDES General Permit including Compliance and Liability, Reporting, Monitoring and Records requirements Operation and Maintenance obligations and Definitions Please note that all samples analyzed in accordance with the terms of this permit must be submitted to the Division on Discharge Monitoring Report (DMR) forms available on the Stormwater Permitting Emit s website above DMR forms must be delivered to the Division no later than 30 days from the date the facility receives the sampling results from the laboratory Also note that existing permittees do not need to submit a renewal request prior to expiration unless directed by the Division Your coverage under the General Permit is transferable only through the specific action of DWQ This permit does not affect the legal requirements to obtain other permits which may be required by DENR, nor does it relieve the permittee from responsibility for compliance with any other applicable federal, state or local law rule, standard ordinance, order judgment, or decree If you have any questions regarding this permit package, please contact the Division's Stormwater Permitting Unit at (919) 807-6300 Sincerely for Charles Wakild, P E cc DWQCentral Files Stormwater Permitting Unit Files Asheville Regional Office STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY GENERAL PERMIT NO NCG120000 CERTIFICATE OF COVERAGE No NCG120047 STORMWATFR NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provision 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 Santek Environmental of North Carolina LLC is hereby authorized to discharge stormwater from a facility located at Haywood Co White Oak Sanitary 3898 Fines Creek Rd Waynesville Haywood County to receiving waters designated as PIGEON RIVER (Waterville Lake below elevation 2258), a class C waterbody in the French Broad River Basin in accordance with the effluent limitations monitoring requirements and other conditions set forth in Parts 1, 1I,11I and IV of General Permit No NCG120000 as attached This certificate of coverage shall become effective December 4 2012 This Certificate of Coverage shall remain in effect for the duration of the General Permit. Signed this 411' day of December 2012 for Charles Wakild, P E Director Division of Water Quality By Authority of the Environmental Management Commission r FILE NCDENR North Carolina Department of Environment and Natural Resources' Division of dater QUallty Pat McCrory Charles Waklld, P F JDhr F Skvarla, Ill Governor Director Secretary January 14, 2013 Mr John Preston, Santek Environmental of North Carolina, LLC c/o White Oak Landfill 3898 Fines Creek Road Waynesville, NC 28786 Mr Stephen King, Director, Solid Waste Management -- Haywood County 278 Recycle Road Clyde NC 28721 SUBJECT NPDES Stormwater Permit Compliance Inspection Haywood Co -White Oak Sanitary Permit No NCG 120047 Haywood County Dear Mr Preston and Mr King This letter is in follow-up to the NPDES Stormwater Permit Compliance Inspection conducted on December 12, 2012 The facility was found to be in compliance with permit NCG 120047 The Division of Water Quality appreciates all the efforts put into the landfill by Santek (as well as the County, prior to this year), to bring it into compliance with the stormwater permit and with water quality standards Enclosed is a copy of the Compliarce Inspection Report, which contains additional observations and comments for your reference Please contact me at (828) 296-4665 or Susan A Wilson( .ncdenr goy; &I can be of any further assistance Sincerely, //]] Susan A Wilson Environmental Engineer Surface Water Protection Enclosure cc Central Files Asheville Files Mr Marty Stamey, Haywood County Manager, 215 N Main St, Waynesville, NC 28786 S 1SWP1}iaywood\StormwaieANCG12 LandrillsVlaywood Co )andfilllWhrtc Oak IT 12 20t 2TF1 12 2012 M CEt White Oak LF 122012 doe Location 2090 US Highway 70 Swannanoa North Garohna 28778 One Phone 828 296-45001 FAX 828 299 7043 NolthCalr allria lntemet www ncwaterquahty org An Equal Opporlunity % Affrmalive ACtlon Employer -. f Compliance Inspection Report Permit NCG120047 Effective 11/01/12 Expiration 10/31/17 Owner Santek Environmental of North Carolina LLC SOC Effective Expiration Facility Haywood Co -White Oak Sanitary County Haywood 3898 Fines Creek Rd Region Asheville Waynesville NC 28786 Contact Person Stephen King/10, d Title Phone 828 627 8042 Directions to Facility System Classifications Primary ORC Certification Phone Secondary ORC(s) On Site Representative(s) Related Permits Inspection Date 12/12/2012 EntryTime 10 00 AM Primary Inspector Susan A Wilson Secondary Inspector(s) Reason for Inspection Routine Permit Inspection Type Landfill Stormwater Discharge COC Facility Status ■ Compliant ❑ Not Compliant Question Areas ■ Storm Water See attachment summary) Exit Time 01 DO PM Phone 828 294-4500 Inspection Type Compliance Evaluation Page 1 Permit NCG120047 Owner Facility Santek Environmental of North Carolina LLC Inspection Date 12112/2012 Inspection Type Compliance Evafuatmn Reason for Visit Routine Inspection Summary Susan Wilson and Tim Fox met with Jeff Hunter (Santek) to perform the site Inspection Santek operates the landfill for Haywood County (and has operated it since late December 20111January 2012) Santek has done an exemplary job of continuing with improvements at the landfill All the outfalls are properly labeled all are observed and photographed weekly and after 1/2 rainfall event Analytical monitoring has been conducted as required (and Mr Martin informed DWQ of the benchmark exceedances after the July 2012 sampling) DWQ is unsure why the fecal coliform benchmarks were exceeded at certain outfalls (and TSS at certain outfalls) Santek should continue to investigate these areas as more data is gathered There is groundwater flow through some basins (which may or may not be contributing to the issue) DWQ will work with Santek on these issues The facility appears to have adequate BMPs and is doing an exemplary job with continued maintenance at the landfill Some improvements still need to be made (the entrance/haul road area) - and per Mr Hunter this is scheduled to be done within the year DWQ will work with Santek to remove monitoring for some outfalls and/or establish Representative Outfalls Status for some This inspection was discussed with Mr John Preston afterwards (he was unable to be present during the inspection) Based on observation of the tributary below Outfall SDO-08 (sediment was removed from this tributary) NOV-2011-PC-0235 that was issued to Haywood County will be closed out (this letter will be sent to Mr King) The fence line below SD0-8 and SDO-5 should be Kept clear of debris to allow flow through Page 2 Permit NGG120047 Owner Facility Santek Environmental of North Carolina LLC Inspection Date 12l1212012 Inspection Type Compliance Evaluation Reason for Visit Routine Qualitative Monitoring Yes No NA NE Has the facility conducted its Qualitative Monitoring semi-annually? ■ ❑ 0 0 Comment Santek has performed all the required qualitative monitoring for each outfall (and took photos as well) Analytical Monitoring Yes No NA NE Has the facility conducted its Analytical monitoring? ■ 0 ❑ Q # Has the facility conducted its Analytical monitoring from Vehicle Maintenance areas? ❑ El ■ ❑ Comment Analytical monitoring was performed by Santek 7/2/2012 (slightly later than the required semi-annual period, Santek notified ❑WQ of this) Sampling was conducted 12110/2012 (for the second semi-annual period) Permit and Outfalls Yes No NA NE # Is a copy of the Permit and the Certificate of Coverage available at the site? # Were all outfalls observed dunng the inspection? # if the facility has representative outfall status is it properly documented by the Division? # Has the facility evaluated all illicit (non stormwater) discharges? Comment At the time of the inspection - they had not yet received their new Certificate of Coverage (but the older one was on file) Page 3 Wilson, Susan A From Mark Shumpert [MShumpert@haywoodnc net] Sent Tuesday, October 11, 2011 4 26 PM To Wilson, Susan A Cc Stephen King, Marc Pruett Subject White Oak Landfill NPDES monitoring Attachments WOLF_NPDES xls 5-4-11_ETS pdf Susan, Please find attached the spreadsheet we discussed today This file includes the data for the landfill and MRF The "Tier One" tab represents the last two quantitative sampling events at the landfill Notice that SDO-8 was back in compliance as of the May sampling and the SDO-5 issue in May was due, I believe, to mules from an adjacent property getting into the new Phase 3 cell (this has been witnessed and addressed) and then the stormwater collected in that cell was pumped into Basin 5 I believe I have been sending you our lab results, but just in case, I have also attached the Certificate of Analysis from Environmental Testing Solutions for the last sampling event Best regards, Mark Shumpert, PE Haywood County Engineer 1233 N Main St , Box 2 Waynesville, NC 28786 828-356-2114 (0) 828-452-6767 (F) 828-400.2362 (C) Pursuant to North Carolina General Statutes Chapter 132, Public Records, this electronic mail message and any attachments hereto, as well as any electronic mail message(s) sent in response to it, may be considered public record and as such are subject to request and review by anyone at any time 1 EnvtronmertalTesting Solutions Inc Certificate of Analysis Project name Ha)~%ood County Landrill Collection date 4 May I I Date received 4 itilar 11 Sample identification SDO #2 - Grab PO Boy 756:) A,hr_N Illf_ NC 28802 Phone (828) 350 9164 Fax (828) :z0 Q368 Project nuni4r 110504 502 Sample number 82554 Parameter Method Result RL Units Bate Analyst Footnotes Aital)zed Chemical Oxygen Demand H aCH 8000 <50 50 mg/L it my i i KEK Solids, Total Suspended SM 2540 D 63 50 mg/L s btoy ii CDJ Bacteria fecal Coliform SM 9222 D 100 1 cuil100ml 4 Mm ti CDJ 1 Sample identification SOO # 5 - Gr ib Sample number _ 82555 Parameter Method Result RL Units Bate Analyst Footnotes 4nalviced Chemical Oxygen Demand HACH 8000 <50 50 mg/L ii may ti KEK Solids, Total Suspended SM 2540 D 23 50 mg/L s May i t CDJ Bacteria Fetal Coliform SM 9222 D 4300 1 cn!l100ml s may I I CDJ (� Sample identification SDO # 6 - Grab Sample. number 82556 P irameter Method Result RL Units Date Analvst Footnotes Analyzed Chemical Oxrgtn DLrnand HACH 8000 <50 50 mg/L ji ytay ii KEK Solids Total Suspended SM 2540 D <5 0 ] 0 mg/L s \fay i i CDJ Bacteria recal Coliformn SM 9222 D >60 1 wvtuon,t 5lttaw It CDJ Sample identification SDO # 8 Grah Sample number 82557 Parameter Method Result RI Units Date Analyst Footnotes — Chemical Ox}gen Demand HACH 8000 Solids, Total Suspended SM 2540 D Bacteria, Fecal Coltform SIv19222 D 400 7 0/4 footnotes RL = Rcporttngm Liit Values are reported down t� 1 Non Ideal Count Date revie.tied 010-03 11 —/V d' tv �+^ — .a svu r,4univer —oUU Data mVley%ed by - Kelley F Keenan SC Certification Number 99053 Signature �J� q(G NC Drinking Water Certification Number 37786 1-his report should not he reproduced e\ept in its �nim.N %�iihoui the writicn consent of Fri%ironmonial fatting Solutions Inc the results in this report relate onl} to the. 54MPIL5 submitted for analysis 13- Mr Kubalak will keep measures in place so as to prevent his livestock, fain animals, and peis from entering the affected work area In the event that any of Mr Kubalak's animals becomes stuck or trapped in the work area, it will be his responsibility to remove those animals at his cost 14- Mr Kubalak and the county acknowledge that reasonable field adjustments may be required to allow for unforeseen conditions or better options for the subject work, once the pond is drained 15- As far as the routing structure for the strearn, Mr Kubalak agrees to creep any and all his animals from damaging the routing structure In the event of dainage to the routing structure caused by any thing other than the restoration effort paid for by the county, Mr Kubalak agrees to pay for all costs associated with repairing the damage 16- Mr Kubalak acknowledges the drainage facility for his pond is old and is likely defective as a result Mr Kubalak acknowledges the age and drainage facility conditions are not the fault of the county Mr Kubalak agrees to accept responsibility for all existing conditions of the pond's drainage facility (outflow pipe, reset --barrel, valves, etc ), and he holds the county Harmless for the existence and condition of the aging drainage facility If Mr Kubalak restorers or replaces any part of or all of the pond's drainage facility, it shall be done in a manner so as to not impede the timefi=e of the county's sediment removal activity, and it shall be done solely at his expense 17-CLOSURE STATEMENT AND OFFER OF GOOD FAITH AGREEMENT TO MONITOR CONDITIONS, The County and Mr Kubalak agree that certain complications can anse from natural erosion as well as artificial impacts as streams flow through different properties Long term specific needs to preserve the water quality of the stream flowing from the county's property and onto Mr Kubalak's property cannot likely be envisioned in entirety at this time It is the county's full intention to correct the aforementioned conditions of Mr Kubalak's pond as they currently exist to the mutual satisfaction of both parties As well, the County very much appreciates Mr Kubalak's generous nature, palience, and willingness to work in a cordial fashion with the County to see the current sediment problems resolved Going forward, the County requests and encourages lines of communication between County representatives and Mr Kubalak to continue in a positive manner The County commits to Mr Kubalak to "take all reasonable measures" (NCAC 15A 04E 0105) to control the movement of sediment on its property to the extent compliance will be met in order to protect his property from sediment damage In addition, the County agrees to rnomlor its property as is required by the National pollutant Discharge Elimination System permit, and to maintain all structures, measures, devices, ground covers, and storm water controls upon County property in compliance Nvith the North Carolina Sedimentation Pollution Control Act (NCGS § 113A-50 through § 113A-66, and NCAC Title 15A Chapter 4 rules as applicable to sediment control in North Carolina) Finally, the County agrees to allow Mr Kubalak to inspect the County's property in the subject watershed at any reasonable time during work hours on work days However, time County does request that Mr Kubalak inform inatrumantp 2008004246 boo 33 Page 1296 F,)(MlT 44AIk BEGINNING at a stake in the Northwest comer of the property h"n dmscnbed, such corner buv the tnimsmdon of Prescut Road, thence North 60 degmcs Fast 244 feet to a stake, tbomr, North 13 degrees 15 rrunutm East 330 feet to a stake at a crabappte tree, dmoe North 58 degrocs 30 minutes East 462 feet to a large rock on a branch on Teague's comer thmoo down rice right side ofthe branch 382 feet to a 20-inch poplar. thence South 81 degrees 34 minutes Bast 388 feet to a point, thence South 64 degrocs 30 minutes East 50 fed to a point, thence South 26 degrm 30 rmrautes East 288 feet to a stake at a fence comer, thence South 46 degr= 30 minutes Fast 230 feet to a poplar, thence South 25 degrees 15 mumtes East 250 feet to a stake, the w South I 1 degrees Fast 103 feet to a I0•inch locust, theaoe North 50 deg =15 minutes West 185 feet, thence Noilh 30 degrees Wast 107 fcrt to a stake, t ff" North 42 degrm 45 murates West 166 fart to a stake, thence South 3 dcgrm 45 minx0es Wass 421 fbet to a large locust; thatce South 33 degrm 30 aiirudes West 166 feet to a locust, thence South 60 degrm 30 minutes West 178 feet to a stake in the E. M Teague corner; them North 20 degrees West 100 feet to a stake, thence North 54 degrees 30 minutes West 154 fed to a Make, thence North 43 degt= 30 minutes West 135 fed to a stake, ftnm North 15 depm West 291 feet to a stake, thence North 31 dcp= West 100 feet to a stake, the= North 47 dagreos 15 muustes West 93 foci to a stake, 6= North 68 degrees 30 minutes West 178 feet to an old gate post, the point of BEGINNING. and containing 24 3 scree, move or less, lee, any pordoa of the property descrrbod hminabove lying within the real property as described in DeM Book 204 at Page 174, Haywood Cour4y Registry TOCETMR WITH and INCLUDING a nghl of way noticing fturn the gate post ea the point of BEGU4N NG of this trad to the Stato Highway, more fully desMbcd m a Dead found to Deed Boole 2% at Page 97, Haywood County Regatry WNG that same property conveyed to Mary F Reece by geed dated September 7, 1983 a'A reaordad in Deed Book 344 at Page 165, Hayarood Cdumy Registry ALSO l3EINO Tract One of that deed dated March 22, 2002 from Lurda Corneal, unrnarned to Herbert & Kubalak to Book 517, page 2033, Haywood Comity Registry lnstFument# 2008004246 Book, 733 Page "..94 tuu• I- -bd,'Admk a 1! C)�1.,W Ruive Mm $ 0 00 iiiiiiilmlii#iiiiil 20080"24B HAYW00000 NCIFE O00 AWMmm artoo,am 04-11-2008 04 20 06 PM AhYa MURRAY mommmems U-, SK RB 733 NORTH CAROLINA GENIKRAL WARRANTY DEED PG 1294-1206 1'aroel iden"a NO Rl -1t99 _ Vaiw by Cmnty on the — day of $r Ma111$om to Derck M Wenzel, Wenuel & Wa-g4, PLLC,160 N Mlin Street, Sulte 12, Wtm*vifir, WC 2436.____ Tbls insmuncat was preoued by- Wesae! dt 1 c ual, Pi.i C, 160 N Main Street, Suite 12 Waynesville NC 28786 >;trttf description for do hv&m 77<i18 DERD amide this th day of _ _ April . n—& by u►d between 9orbert E, Kubalak (3AAN�'OR Hubert E. Kubalsk ands wA NTEE ife Mawacn R Kebalak 362 Eagit Crest Lane Waynpvtle, NC 28785 The dtalgastloa Ortatm and Omntee as usedhereb abail6clude said parties. theirbel mlomsms. snd aasigaa, and,ball houde alp„ tag, plursl, mawilm, fardaiaa or neuter as required by cocb=t. Wn1VmBTH, trial do Gruttm, for a valuable eonslds ukm DAM by tbn Granw, the t+ M44 ofw" a bmnby admo%4adged, bas and by these preumis does grm� bargain. sell and saucy unlo the i#mWa to foe Am*. all Hrat oaWn 101 or pawl of bad dUmW w the pity of White Oak _ Townsblp, _ Harwood I Cmmty, Naar tls OUM VA more p"cuLrty described as t Hows See exbNt "A' attachtd hereto and made a pxd heuof by rermnco NO TITLE EXAMINATION BY PREPARER THE PURPOSE OF THIS CONVEYENCE IS TO CREATF A TENANCY BY THE ENT1RETl8S The propcAy bmWjbm described was w4thi d by 13raator by mt =mW temftd in Boole Wpage 2033 A msp sho wing the above described prop" is aoeardcd in Plat Boole page NC Bar Asspcittlon Form No 1.3 ® 1976, Revised 0119r. 2002 Printed by Agmemout with the NC Bar Auoclidioar 1981 SofWm CoMm6n, 333 G Six Forks VA, av` nk NC 27609 S1 ATE OF NORTH CAROLINA COUNTY OF _A��6bd ACKNOWLEDGEMENT 1, , a Notary said County and State, do hereby certify that HERBERT E KUBALAK and MAUREEN R KUBALAK personally appeared before me this day and acknowledged the due execution of the foregoing instrument WI I"NESS my hand and official seal this the 6 day of , 2011 'AE R b My commission expires { NOTARY PUBLICNotary Public 77 C,O Printed Name of Notary STATE OF NORTH CAROLINA COUNTY OF a4 ACKNOWI 1rDGEMENT I, Q n a Notary of said State and County, do hereby certify that MARTY STAM2Y, personally appeared before me this day and acknowledged that he is Clerk to the Board of County Commissioners of Haywood County, a body politic and corporate, and that by authority duly given and as the act of the said Board, the foregoing instrument was signed in its name by its Chairman, sealed with its corporate seal and attested by himself as its Clerk WI ITIESS my hand and official seal this the /I*_ day of -[hog 2011 My commission expires ,``�1114,,,,♦ wrRQpV. Cc+. Ec,�_ P4826 7565 9524 . 2- Notary Public ",- -1-- Printed Name of Notary A ITES7 HAYWOOD COUNTY sy Marty S# ey ar S Swanger, Chair County { ger/Cleric to Board Haywood County Board of CommLssiorim, -#462e 7563 9529. 1 [N WITNESS WHEREOF, the partiee, hereto hate executed this Agreement, all as of the day and year first above written Ph' � 0-9-01 1 MOW WO -R WW "ME (SEAL) -04926 7563 9529 L 2- 13 Temunation Unless otherwise terminated, this Agreement shall terminate ten (10) years from this date Licensor may terminate the license hereby given at anytime by giving Licensee at least thirty days written notice of such termunation, except that Licensor may, at their election, terminate the permission forthwith at any tirne if Licensee fails to comply with or abide by each and all of the provisions hereof or keep all and singular Licensee's promises herein Upon termination of the license by Licensor and upon request of Licensor, Licensee must remove any and all of the Improvements from Licensor's Property Failure of Licensee to do so within 45 days of such nonce of termination shall entitle Licensor to remove such Improvements and recover all of its cost and expenses in doing so from Licensee W WITNESS WHEREOF, the parties hereto have executed this Agreement, all as of the day and year first above written (SEAL) Herbert E Kubalsk Maureen R KubaiRk r4326 1565 9529 v 3- __ (SEAL) Improvements are itemized on Exhibit B attached hereto Licensee shall not conslruci or install or permit the construction or installation of any bare ter or other obstruction which would prohibit, restrict or hinder the use of the Property by the Licensor 6 Indemnification Licensee shall indemnify Licensor and hold L ieensors harmless from any and all liability for personal injuries, Property damage, or for loss of life or Property resulting from, or in any way connected with, the condition or use of the Property by Licensee, or the Licensees' invitees, customers, or guests of the Licensee, or from the use by anyone of the Improvements or any means or ingress thereto or egress therefrom Licensor shall not be liable to Licensee if for any reason whatever Licensee's occupation or use of the Property hereunder shall be hindered or disturbed 7 Modification The terms, covenants, conditions and provisions of this Agreement may be extended, abrogated, modified, rescinded or amended in whole or in part only with the consent of Licensor and Licensee and only in writing 8 Applicable Law This Agreement shall be governed in all respects by the laws of the State of North Carolina 9 Notices Any notices or other communications to be given hereunder shall be in writing and shall be deemed to have been given if delivered in person or mailed by United States certified or registered mail, postage prepaid, return receipt requested, to the parties at the following addresses, or to such other address as shall be given in writing by one party to the other As to Licensor 362 Eagle Crest Lane Waynesville, NC 28785 As to Licensee County Manager 215 North Main Street Waynesville, NC 28796 10 Recording Licensor and Licensee hereby agree to record this Agreement at the request and expense of Licensee I 1 Waiver No waiver of any condition, covenant or restriction of this Agreement by either party shall be deemed to imply or constitute a further waiver of the same or any other condition or covenant of this Agreement 12 Captions The captions of the various paragraphs of this Agreement are for convenience only and are not a part of this Agreement and do not in ally way limit or amplify the terins and provisions of this Agreement ,V4326 7165 9529 v I S I ATE OF NORTH CAROLINA LICENSE AGRrrMEN I COUNTY OF HAYWOOD t HIS L1C ENSL AGRUMEN I (the "Agreement") is made as of May 2011 by and between Herbert E Kubalak and wife Maureen R Kubalak("Licensor"), and Haywood County, North Carolina a body Ponta and corporate, and subdivision of the State of North Carol i na("Licensee") STATEMENT OF PURPOSE Licensor is the owner of that certain real property and related improvements located ui White Oak Township, Haywood County, North Carolina and more particularly described in Schedule A attached hereto and incorporated herein by reference (the "Property") Licensee is the owner of certain real property and related improvements located adjacent to Licensor's Property in White Oak Township, Haywood County, North Carolina upon which is located what is known is the White Oak Landfill, and adjacent future expansion and buffer areas Licensee desires to make improvements on the property of the Licensor, including removal of sediment from an impoundment and construction of a temporary access and haul road (the "Improvements") Accordingly, the parties hereto desire to enter into an agreement to set forth their respective rights and obligations regarding (i) construction of the Improvements and (ii) use of and maintenance of the Improvements NOW, I HEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto do hereby agree as follows 1 Grant of License Licensor hereby grants to Licensee, subject to all of the terms and conditions hereof, a license to make the Improvements upon and to have the right of ingress, egress and regress over and upon the unimproved portion of the Property for itself, its clients, customers, patrons, and other related invitees However, Licensee does not have the rights granted herein to the exclusion of the rights of the Licensor to use the Properly in any matter it wishes 2 Personal License Only It is agreed between Licensor and Licensee that this license is personal to Licensee and shall not inure to the successors or assigns of Licensee 3 Licensee Has No Interest or Lstate Licensee agrees that it does not and shall not claim at any time any interest or estate of any kind or extent whatsoever in the Property, by virtue of this license or Licensee's occupancy or use hereunder and Licensor conveys no interest in the. Property to Licensee by this Agreement 4 Maintenance of Improvements The [improvements shall be maintained by Licensee, at its sole cost and expense Any repairs or other changes made by Licensee shall require the prior consent of Licensor 5 Improvements All of the Improvements to be made by Licensee shall be approved in writing by Licensor on a copy of a plan accurately showing the Improvements The 94326 1563 9529 v I- SCOPE OF WORK 1 Stream is to be diverted around pond through 8" pipe Pipe inlet to be formed using sand bags 2 Pond is to be pumped out at a rate not to exceed 3 feet per day 3 Sediment is to be removed from the pond to restore original depth Removal is by the use of trackhoe and trucks 4 After excavation, vegetation around the pond is to be restored 5 Diversion pipe is to be removed and the pond refilled lygp %Q z e"CrL z - C%.n � 355500 i inch = 267 034678 feet ALPHAUVW414149 Owau_10KU8AlAK FiERMFZT E Owmir-20KU8ALAK MAUREEN R AlW 1D3W EAGLE CREST LN Agtq 2C CMu MYNESVILLE 14C 28785 L ap9R ! 1''-1 MM 294 LbouIRN_2 AdMD2d 1 ❑ 3441165 AMO 2❑ Cmic Aawllg 67 Prop Addrf3961 EAGLECREST LN SUM DmD4wato8 Bats Prkoco Sr60Iv m n c; Loid ViIMA016=0 eIL�YIIiIOai/83o KKI 'A"0236160 Diner %bkminlouvA AMad VakuD136796 Helekf0 ArOSWWO Yr_Rat 105 AocLNW0J95Q7 TQWmhoCV4btlM OAK Tal�-Cad"OG01 F14 Bdp_Lbe_Ca bOD MH Bi%L-Llq_DamOVYEWMG MANUFACTURED HOL OonKi nCy_Ca0h7SF MH OCa wlCy DftC0SWMEFAMILYMANUFACTUREDHOU&N Lard_CaWD01 02 04 11 I" GocS3140YESITE.OPENLANDWOODWiOWiERFRC M.10 TD10A17C2814149 TID�l_LAtIlW AMCILM PIW TWWI km IC04.21 T&W 20OW70291414a Tsebfld L4bWGAmaurt Pad TwftW,-/M11X3W.21 PrW_Drrr~;361 EAGLECREST LN 362 EAGLECREST LN OCUECTIXA 40 SMAPEM*6051111138 M754 SH APE MODsare 43WI SHAPE OW231210 THIS MAP tS PREPARED FOR THE INVENTORY OF REAL PROPERTY FOUND WrnlIN THIS JUWSDICTION AND IS COMPILED FROM RECORDED DEEDS. PLATSAND OTKER PUBLIC RIECOIMAND DATA. USFn OF TMS MAP ARE HERESY NOTIFIED THAT THE AFORLMENT0N D PUBLIC PRIMARY INWORMATION SOURCES SHOULD 8E CONSULTED FOR VERIRCATMON OF THE W-ORMAMON CONTAINED ON D t5 MAP HAYWOOC COUNTY MWME,S NO LECI&L. RE%-<*MRn C Y FOR THE INFORMATION CONTAINED ON THI$ MAP A* wt.. kk' '� ! r i' i • E 7 iMu IWO- WN - : •.�}� 7 . Ar y- i r r - � e ! ' �lL�'.J�•iN.'A!i:1�-� !. • . � • . .: - i�r • �„ - ! ! ' i - 1 r. ���Ji •Y • • • -• .• s I�yiI�SR.k�7.s:jf�.7ti'Jl:.rt'�Ylif-aS'1I.L71�!l.tL!t�.f�.�_' ' l�.K.��tl�l!J.l!t•:�Li. � ! l! ' a�t��`f�'r l--� '�►*`;c`:'E a'�rY i -"� r-";ir. �'�L,if}. �C ' I1 1 .rE •�� kA I'. ♦I�A'.i!€�: T}•:w • f`�t 1 ' € '�,f,'li`"T�, t i i•-3���'�;1 ��•�E■7J�=3�r1rFl-�- Ltrw7_- /. ��t��.l�._y!.t. �A�-� F 1i��ii}+__ :11 � �i t alr ♦ 7•� s � e _ 7],l,�sr r: �,- . fr- � Jr ! k. !F'��JJ.I�'! �.i • . �€ 7 1�4�r1 f;}`!h�-r ! � � �J i�s����E���.�=.� r,_nw.l�i���i�;��•E��E��f<�"•r�. e. �ii`]. € .�"r�- �-'r. �t�. �f= -A • !L`q-5 i4AMI`�IHIS[I?L��IJ • e €/ ' C• _! a� / = S71LfireL`��i-. is 1/l ;; c �: 1 1 :.1. �W,fJ •!vi a. Page 11 of 11 F Supplementary Information 1 Environmental Documentation (DWQ Requirement) 1a Does the protect involve an expenditure of public (federal{statellocal) funds or the 0Yes ❑ No use of public (federal state) land? lb If you answered "yes to the above does the protect require preparation of an environmental document pursuant to the requirements of the National or State ❑ Yes ;?"No (North Carolma) Environmental Policy Act (NEPA/SEPA)? 1c If you answered yes to the above has the document review been finalized by the State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval ❑ Yes ❑ No letter ) Comments 2 VlDlatlons (DWQ Requirement) 2a is the site in violation of DWQ Wetland Rules (15A NCAC 2H 0500) isolated Wetland Rules (15A NCAC 2H 1300) DWQ Surface Water or Wetland Standards ❑ Yes XNo or Riparian Buffer Rules (15A NCAC 2B 0204)? YZE s Q� 2c 1f you answered yes" to one or both of the above questions provide an explanation of the violation(s) 3 Cumulative Impacts (DWQ Requirement) 3a Will this protect (based on past and reasonably anticipated future )mpacts) result in ❑ Yes XNo additional development which could impact nearby downstream water quality? 3b If you answered yes to the above submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent DWQ policy If you answered "no " provide a short narrative description 4 Sewage Disposal (DWQ Requirement) 4a Clearly detail the ultimate treatment methods and disposition (non -discharge or discharge) of wastewater generated from the proposed protect or available capacity of the subject facility Page 10 of 11 PCN Form — Version 1 3 December 10 2008 Version E Stormwater Management and Diffuse Flow Plan (required by DWQ) 1 Diffuse Flow Plan la Does the project include or is it adjacent to protected riparian buffers identified ❑ Yes within one of the NC Riparian Buffer Pi otection Rules' ePrhlo 1 b If yes then is a diffuse flow plan included? If no explain why ❑ Yes ❑ No Comments 2 Stormwater Management Plan 2a What is the overall percent imperviousness of this project? % 2b Does this project require a Stormwater Management Plan? ❑ Yes XNo 2c 1f this project DOES NOT require a Stormwater Management Plan explain why 440 eAIX(J6 /A-) , 2d If this project GOES require a Stormwater Management Plan then provide a brief narrative description of the plan ❑ Certified Local Government 2e Who will be responsible for the review of the Stormwater Management Plan? ❑ DWQ Stormwater Program ❑ DWQ 401 Unit 3 Certified Local Government Stormwater Review 3a In which local government s jurisdiction is this rroject?/Ck�C�t�l, ��• ❑ Phase 11 3b Which of the following locally -implemented stomiwater management proqrams ❑ NSW ❑ USMP apply (check all that apply) ❑ Water Supply Watershed ❑ Other 3c Has the approved Stormwater Management Plan with proof of approval been ❑ Yes ❑ No attached? 4 DWQ Stormwater Program Review ❑ Coastal counties ❑ HOW 4a Which of the following state implemented stormwater management programs apply ❑ ORW (check all that apply) ❑ Session Law 2006 246 ❑ Other 4b Has the approved Stormwater Management Plan with proof of approval been ❑ Yes ❑ No attached? 5 DWQ 401 Unit Stormwater Review 5a Does the Stormwater Management Plan meet the appropriate requirements? ❑ Yes ❑ No 5b Have all of the 401 Unit submittal requirements been met? ❑ Yes ❑ No Page 9 of 11 PCN Form — Version 1 3 December 10, 2008 Version r 5 Complete if Using a Permittee Responsible Mitigation Plan 5a If using a permittee responsible mitigation plan provide a description of the proposed mitigation plan b Buffer Mitigation (State Regulated Riparian Buffer Rules) - required by DWQ 6a Will the protect result in an impact within a protected riparian buffer that requires buffer mitigation9 If yes, you will have to fill out this entire form -- please contact the State for more information LJ Yes �' o 6b If yes then identify the square feet of impact to each zone of the riparian buffer that requires mitigation Calculate the amount of mitigation required Zone 6c Reason for impact 6d total impact (square feel) Multiplier 6e Required mitigation (square feet) Zone 1 3 (2 for Catawba) Zone 2 _ 1 5 I — 6f Total buffer mitigation required 6g If buffer mitigation is required discuss what type of mitigation is proposed (e g payment to private mitigation bank permittee responsible riparian buffer restoration payment into an approved in lieu fee fund) 6h Comments Page 8 of 11 s�mna�t _ rastt.,oti ion �ncE 311'�t�ctat��n A�oid_ance°andll nirrii a on ! d s ri a �a.,�urg,� a �roi r ini szet ee.��a used m -cts�n �le?as ro ct 77 � SC ea S 9 U dpe",�o A 72,14 e 2 Compensatory Mitigation for impacts to Waters of the U S or Waters of the State 2a Does the protect require Compensatory Mitigation for impacts to Waters of the U S or Waters of the State? ❑ Yes O No 2b If yes mitigation is required by (check all that apply) ❑ D1NQ ❑ Corps 2c If yes which mitigation option will be used for this protects ❑ Mitigation bank Payment to in -lieu tee program ❑ Pennittee Responsible Mitigation 3 Complete if Using a Mitigation Bank 3a Name of Mitigation Bank 3b Credits Purchased (attach receipt and letter) Type Quantity 3c Comments 4 Complete if Making a Payment to In -lieu Fee Program 4a Approval letter from in -lieu fee program is attached _ ❑ Yes 4b Stream mitigation requested linear feet 4c If using stream mitigation stream temperature ❑ warm ❑ cool ❑cold 4d Buffer mitigation requested (DWQ only) square feet 4e Riparian wetland mitigation requested acres 4f Non -riparian wetland mitigation requested acres 49 Coastal (tidal) wetland mitigation requested acres 4h Comments Page 7 of 11 PCN Form -- Version 1 3 December 10, 20D8 Vernon 4 Open Water Impacts If there are proposed impacts to lakes ponds estuaries tributaries sounds, the Atlantic Ocean or any other open water of the U S then individually list all open water impacts below 4a 4b 4c 4d 4e Open water Name of waterbody impact number — (if applicable) Type of impact Waterbody type Area of impact (acres) Permanent (P) or Temporary T _ 01 ❑P❑T 02 ❑P❑T 03 ❑P❑T 04 ❑P❑T 4f Total open water impacts 4g Comments 5 Pond or Lake Construction If pond or lake construction proposed, then complete the chart below 5a 5b 5c 5d 5e Wetland Impacts (acres) Stream Impacts (feet) Upland Pond ID Proposed use or purpose (acres) number of pond Flooded Filled Excavated Flooded Filled Excavated Flooded P1 P2 5f Total 5g Comments 5h Is a dam high hazard permit required ❑ Yes ❑ No If yes permit ID no 51 Expected pond surface area (acres) 5) Size of pond watershed (acres) 5k Method of construction 6 Buffer Impacts (for DWQ) If protect will impact a protected npanan buffer then complete the chart below If yes then individually list all buffer impacts below If any impacts require mitigation, then you MUST fill out Section D of this form 6a ❑ Neuse El Tar -Pamlico ❑Other Protect is in which protected basin? ❑ Catawba ❑ Randleman 6b 6c 66 6e 6f 69 Buffer impact number— Reason Buffer Zone 1 impact Zone 2 impact Permanent (P) or for Stream name mitigation (square feet) (square feet) Temporary T _impact required? B1 ❑P❑T El Yes ❑ No B2 ❑ P ❑ T ❑ Yes ❑ No 133 ❑ P ❑ T ❑ Yes ❑ No 6h Total buffer impacts 61 Comments Page 6of11 Proposed..Inventory Impacts 1il�.��/�(R�4.�.L�h't:.'4�rf'F�Y4'47:��G�t• t[�•L.I(.!`}.7��..■( !1 • 11 y1j y y�� y,} y _• p����/C i�.. _{ id�(�..-3'�L:XC�"��.�SC.!,kl`JtillJf�t t t t ' [�`R R.!fi�:�ii'7F �•�•� ��� � _ .� I � t i:._ iJ: ! - ♦ - I, fl: lTil3• • ' It k' s• ( M ell .1 M., (- Corps ■ . Corps` ■ iO ■i El Corps ■ ■ ■ ! lip "In; . OR, .. !.' •i41{r'".f1:it'•,� r ' u ! d t� - t IJ [�alrJ!' forY..a I Si ■'r w ER ■P INT■)WQ • rps •r ■Corps ■ ■ ■ El DWQ EJ PER El Corps ■�•INTPER ��■ �_ Page 5 cif l l imatnt-w; IONIM MIN Page 4 of 11 ,�ro�ect� rafo rnatfon a,nd rtor.P��1ec�H1� I Property Identification y I Property identification no (tax PIN or parcel IU) Z.P Z i` i coord�nat Ehk pclma a rees Z at�idan i yr p z » t t �.�_ r,Y.�144�i�l�tttl�Y�llaq ONksD�� �I) I}~��s��if�t�• .,� ac:e�kYa ers — o a r l& qd O C O S �ifa _ �% �O /G ✓ 1 G� 2b Water Quality Classification of nearest receiving water V w 8� Fie e t dacrit�l"as1 3 Project Description i 3a a in o e e Na se e T tt is is A pZ7 f �77a �' t.� I % xI 7,044 ale IV, i4 1 Truer f i •� j 4 Jurisdictional Determinations ° M e e' Iri fo k e f s` F Fa 3 M-1 4c If yes, who delineated the jurisdictional areas? Agency/Consultant Company A4v .G`,.5. Name (if known) Other 4d If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation Page 3 of 11 PCN Form — Version 1 3 December 10, 2008 Version atio Miff o 0 `r �a e.�s ame _ 4.')A)CX _21 A �;'��ru n �farm� _oa a itva el 5a Name - 5b Business name (tf applicable) 5c Street address 5d City state zip 5e Telephone no 5f Fax no 5g Email address Page 2 of 11 O� .use Only Corps action ID no DWQ project no Form Version 1 3 Dec 10 2008 Pre -Construction Notification (PCN) Form A Applicant Information rya u t b i e 1 c Has the NWP or GP number been verified by the Corpse IJ2<es ❑ No 1d Type(s) of approval sought from the DWQ (check all that apply) ❑ 401 Water Quality Certification — Regular ❑ Non-404 Jurisdictional General Permit ❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authonzation le Is this notification solely for the record For the retard only for DWQ 401 MUM=i because written approval is not required? Certification ❑ Yes ZNo 1f Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? If so attach the acceptance letter from mitigation bank or in -lieu fee program ❑ Yes �-TN0 19 Is the project located in any of NC s twenty coastal counties It yes answer 1h below ❑ Yes ® No 1 h Is the project located within a NC DCM Area of Environmental Concem (AEC)? ❑ Yes ® No mum AW f ap*Z) IMF 2e NCDOT only T I P or state project no 733 Z 12,9�5t Ely Us M ----------------- ';y �i jUN - 3 2011 r re lhtgiEFl QL,ALlTY SECTION r plS{:V_I t E GGIpyAL OFI ICE Page 1 of 11 PCN Form -- Version 1 3 December 10 2008 Version w i Haywood County Solid 278 Recycle Rd Clyde, NC 28721 1 clephone (828) 627-804: Fax (828)627-8137 Stephen King Sold Waste D€reefer May 26 2011 Roger C Edwards NCDENR Division of Water Qudhty 2090 US I Iighway 70 Swannanod NC 28778 Re Stream Standards Violations Mr Edwards ldywood County respLCtfully requests an extension for the submittal of a Sed this is a follow up letter to the county s initial response on April 27 2011 Th rt.gards to the Sediment Removal Plan the engineer has performed the necess. sedimentation Addittonally, the engineer met with the adjacent property owni place from the land owner to remove sediment from his farm pond An applic" Corps of Engineers for removal of sediment for the adjacent property owners e removal and transportation of the sediment to the landfill site are still being ev, U S Army Corps of CrigmEers the adjacent property owner, the Haywood Cou Division of Water Quality An additional submittal to the NCDENR-Division ( Waste [-�yW0-7 &af+~�'�^�4S°r"'f �r'hr�j^�w�.M ,.n .a� :ns ,..! µ W`i1-•" .i f M JEAN - 3 2011 �h WATER QUALITY S>'rCTIOtV �-O -P -) 06` K�r, V 7b -,> T� t S n ny Based on our investigation it appears that the main source of sediment in one o _ _ — —_.. 11 (SB I) This basin was one of the, original balms and the outlet structure has bee tiviviivaeU to atlow sediment to escape during heavy rain events The Count) is currently evaluating repair options to the outlet structure which has been provided by our consultant he second impdcti.d ,tream was the iesult of a timbering operation on the landfill property The County has already taken steps to si lye this disturbed area and has diverted surface water run-off through an existing sediment sediment basin he County would appreciate an extension of 60 days for the submittal of a Sediment Removal Plan due the extensive coordination effort mquircd for this work If you nerd additional information in making your decision to extend please contact me at your convenience I welcome your input since we view the resources of your office as partners in helping the County work toward acceptable r solutions to all parties J Stephen Ki Maywood County Solid Waste Director cc Susan Wilson DWQ Andrea Keller DWM-ARO Marc Pruett, Haywood County Erosion Control Marty Sil Haywood County Manager Jeff Bishop, McGill Associates ,q Wilson, Susan A From Mark Shumpert ]MShumpert@haywoodnc net] Sent Wednesday, October 19, 2011 4 38 PM To Wilson, Susan A Subject White Oak Landfill, Haywood County Hi Susan, We received 1 1" of rain today and SDO #2 released muddy water SDO's 4 & 8 did well, which is good news, and now we need to work on the structures upstream of #2, which has been performing fairly well up to now Best regards, Mark Shumpert, PE Haywood County Engineer 1233 N Main St , Box 2 Waynesville, NC 28786 828-356-2114 (0) 828-452-6767 (F) 828-400-2362 (C) Pursuant to North Carolina General Statutes Chapter 132, Public Records, this electronic mail message and any attachments hereto, as well as any electronic mail message(s) sent in response to it, may be considered public record and as such are sub3ect to request and review by anyone at any time 1 Wilson, Susan A From Wilson Susan A Sent Tuesday November 01, 2011 11 33 AM To 'Stephen King' Subject re Landfill Owner change and NOV Stephen — As we discussed on the phone — if Santek is taking over operations — they should be the holder of the stormwater permit (as I'm sure ya'll will workout in their contract) Haywood Co/Santeck will need to fill out the name/ownership change form for the stormwater permit (NCG120047) that I sent to Mark With regard to the Notice of Violation (NOV) submitted to Haywood Co — from DWQ's perspective — that has been resolved except for the issue of sediment that may be instream below SD08 (and the sediment below SD04 that has gone to the neighbors pond) The other aspects of the NOV have been resolved (I was hoping I clarified that in the 10/21/2011 Inspection letter) As soon as Santeck takes over operations — I would think that you guys would want them holding the DWQ stormwater permit However from DWQ's perspective — Haywood County is responsible for the prior sediment impacts sited in the NOV If, after Santeck takes over, there are problems at the landfill and additional sediment loss downstream of the basins — DWQ will site the stormwater permit holder, if necessary I hope this clarifies things a bit Please give me a call if it doesn't Susan Susan A Wilson - Susan A Wilson@ncdenr gov North Carolina Dept of Environment and Natural Resources Asheville Regional Office Division of Water Quality - Surface Water Protection 2090 U S 70 Highway Swannanoa, NC 28778 Tel 828-296-4500 Fax 828-299-7043 Notice E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and therefore may be disclosed to third parties wdop C (�C— Wilson, Susan A From Mark Shumpert [MS hum pert@ haywoodnc net] Sent Wednesday November 23, 2011 1 55 PM To Wilson, Susan A Subject Haywood Co landfill Hi Susan, Did you order all this rain? well, this rain has strained us at the White Oak Landfill and we have released some muddy water We have received over an inch of rain the last 72 hours and SDO's 2 & 8 have released some muddy water I believe the root cause of our problem in these two locations is the need for more stone on the roads that drain to these outfalls Santek Environmental has said that road maintenance will be one of their priorities when they take over operations next Thursday SDO #4 is still performing well and did not release any water to the stream that feeds Mr Kubalak's pond As soon as we dry out, I will see what we can do to improve performance of SDO's 2 & 8, which for now will most likely be increasing capacity by digging out captured mud Happy Thanksgiving' Mark Shumpert, PE Haywood County Engineer 1233 N Main St , Box 2 Waynesville, NC 28786 828-356-2114 (0) 828-452-6767 (F) 828-400-2362 (C) Pursuant to North Carolina General Statutes Chapter 132, Public Records, this electronic mail message and any attachments hereto, as well as any electronic mail message(s) sent in response to it, may be considered public record and as such are subject to request and review by anyone at any time Wilson, Susan A From Wilson, Susan A Sent Wednesday, January 04, 2012 11 15 AM To 'Stephen King' Subject Adjacent landowner issue (Haywood Co Landfall) Stephen — As we discussed on the phone, it is DWQ's understanding that the landowner (Mr Kubalak, downstream of basin SDO-4 that had incurred sediment deposition to his pond, may be working out a different agreement with the County The County's main responsibility to DWQ is 1) Provide assurance that both parties are in agreement with the final plan of action 2) Make sure that basin SDO-4 is stable and not losing additional sediment 3) Make sure that the stream below SDO-4 is free of sediment to insure minimal future impacts to Mr Kubalak's pond/land If Mr Kubalak leaves the sediment in his pond (and both parties are in agreement), DWQ will not pursue cleanup of the arm of his pond or within his pond (with him or the County) Since both parties will enter into an agreement — this is not something that DWQ would want to pursue further If Mr Kubalak nooses to clean out the sediment in his pond — DWQ can provide him guidance for this Any sediment removed should be stabilized to ensure sediment is not deposited into surface waters and/or wetlands No sediment from his pond should be allowed to migrate and impact downstream waters (this should be prevented if Mr Kubalak chooses to remediate his pond himself) Let me know if you'd like anything further from us Susan Susan A Wilson - Susan A Wilson@ncdenr gov North Carolina Dept of Environment and Natural Resources Asheville Regional Office Division of Water Quality - Surface Water Protection 2090 US 70 Highway Swannanoa, NC 28778 Tel 828-296-4500 Fax 828-299-7043 Notice E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and therefore may be disclosed to third parties Cc I� 4 -- 1 r D� g��s c �:Ztk� S�fl Zs 76 qA .r )r sGr(_ e ►I E 3-3 1 In .2�Gc.c '-'<R- _ �QN ti v/Lt r �II CJ�-� _t-.�•1 Ty - iJsP �G o n� �F3 � 4 } Pl,� Ph JJ 4! 1 R . P ! Af V r t-] rimer f- [ C 1 1 i ZO «, 5_ fin-`�- I , r E'� J l l� r Wilson, Susan A From Wilson, Susan A Sent Wednesday January 18 2012 10 50 AM To Jpreston@santekenviro com' Subject Stormwater requirements for Haywood Co Landfill John - This is just a follow-up e-mail based on my site visa 1/10/11 As we discussed —via Stormwater permit NCG120047 — qualitative monitoring at each outfall is to be conducted 1/week and after every 0 5 inch rainfall event DWQ had worked diligently with the county to get them back on track with this requirement in the past year They had developed a very good spreadsheet to document all rain events and when they did their qualitative monitoring I would recommend that Santek continue to use what they had developed At the time of inspection —you were not aware of this requirement Another requirement is analytical monitoring on each outfall semi-annually (please refer to the permit regarding what needs to be monitored) As we discussed — NC works a bit differently than most states — in that Erosion Control Plan approval is conducted by our Division of Land Resources — so if you modify your disturbance — you should contact Laura Herbert or Charles Koontz at (828) 296-4665 to determine if you need approval for any modifications If any more Stormwater outfalls are created through any modifications— stormwater monitoring would be required and the monitoring/site plan would need to be updated Stormwater requirements are regulated by the Division of Water Quality Please read over the Stormwater permit and its requirements Again, I believe the County setup "good bones" for complying with the permit —you folks just need to continue that Possibly, in the next year after we've seen a few more analytical monitoring results, you maybe able to apply for representative outfall status on some of the outfalls If you have any questions along the way — feel free to call me I'll print this note out for the files Thanks, Susan �Q Susan A Wilson - Susan A WilsonPncdenr gov North Carolina Dept of Environment and Natural Resources Asheville Regional Office Division of Water Quality - Surface Water Protection 2090 US 70 Highway Swannanoa, INC 28778 Tel 828-296-4500 Fax 828-299-7043 Notice E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and therefore may be disclosed to third parties Wilson, Susan A From Wilson, Susan A Sent Wednesday ,January 18, 2012 10 33 AM To 'Stephen King' Subject Follow up to inspection at Landfill Stephen — This is just a follow-up e-mail to the site inspection I conducted on January 10" For the recycle center —just make sure (which I know you do more frequently) — you conduct and document your facility inspections 2/yr (it would be a good idea to have a facility inspection "blank" to document it within your SWPPP notebook) Also note employee training (and when it was conducted) within your SWPPP notebook For the landfill — if the County conducted the analytical sampling — please forward a copy of that to me, care of this office This was supposed to have been completed between July 1st and December 31" 1 had spoken with Mark about it -- but since Santek took over — I wasn't sure if you guys were doing that or they were The landfill had exceeded some of the bench marks last go -round and I want to see how they came out this time around The qualitative monitoring and documentation was well done — and Santek should continue this effort Also — we inspected downstream of SDO8 — there were some pockets of sediment between the outfall and the fence line that should be removed There was also an accumulation of sediment and debris at the fence line which should be manually removed The accumulated sediment and debris is causing the two tributaries to find another pathway (and undermine the fence) Let me know how/when you plan to do that (via e-mail is fine) We also inspected downstream of SDO4 (above Kubalak's pond) It appeared that any sediment in the tributary had likely migrated down to the pond (substrate/rock material was noted in the tributary, which is good) 1 did not believe it was necessary to remove the minor amount of sediment at that tributary In order to close out NOV-2011-PC-0235 — if you folks would manually remove sediment and debris below 5DO4, we can likely close out the NOV Let me know if you want something more formal from me (I'm trying to keep it pretty Simple for everyone) I plan to print out this e-mail for our files as documentation of what you guys need to finish Thanks, Susan Susan A Wilson - Susan A Wilson@)ncdenr gov_ North Carolina Dept of Environment and Natural Resources Asheville Regional Office Division of Water Quality - Surface Water Protection 2090 US 70 Highway Swannanoa, NC 28778 Tel 828-296-4500 Fax 828-299-7043 Notice E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and therefore may be disclosed to third parties STATE OF NORTH CAROLINA DEPARTMENT 01- ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY GENERAL PERMIT NO NCG120000 CERTIFICATE OF COVERAGE No NCG120047 STORMWATER NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provision 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 Santek Environmental of North Carolina LLC is hereby authorized to discharge stormwater from a facility located at Haywood Co White Oak Sanitary 3898 Fines Creek Rd Waynesville Haywood County to receiving waters designated as PIGEON RIVER (Waterville Lake below elevation 2258) a class C waterbody in the French Broad River Bann in accordance with the effluent limitations monitoring requirements and other conditions set forth in Parts 1 11 111 and IV of General Permit No NCG120000 as attached This certificate of coverage shall become effective December 4 2012 This Certificate of Coverage shall remain in effect for the duration of the General Permit Signed this 4t' day of December 2012 "�_ for Charles Wakild P E , Director Division of Water Quality By Authority of the Environmental Management Commission William Dillard December 4, 2012 Page 2 of 2 Some of the changes include • Part II • Section A The Stormwater Pollution Prevention Plan (SPPP) section if applicable has been updated to the most current language of our permits Additional conditions for specific industry sectors have been added to the 5PPP requirements in some cases • Sections B, C Failure to perform analytical stormwater monitoring may result in the Division requiring that the permittee begin a monthly sampling scheme • Sections B, C A lower TSS benchmark of 50 mg/I for HQW, ORW, PNA and Tr Waters applies to these more sensitive waters • Sections B, C The monitoring parameter Oil & Grease (O&G) has been replaced by the parameter Total Petroleum Hydrocarbons (TPH) for vehicle maintenance areas and in some cases, other analytical monitoring requirements • Sections 6 C D Inability to sample due to adverse weather must be recorded in the SPPP or in separate on site records if your General permit does not require an SPPP Adverse weather is defined in the "Definitions" section of the permit • Sections B, C The term "Representative Storm Event" has been replaced by 'Measurable Storm Event " A measurable storm event is defined in the permit • Section D If the permittee fails to respond effectively to problems identified by qualitative monitoring, DWQ may require the permittee to perform corrective action Please review Parts III and IV to understand the Standard Conditions of your new NPDES General Permit, including Compliance and Liability Reporting Monitoring and Records requirements Operation and Maintenance obligations and Definitions Please note that all samples analyzed in accordance with the terms of this permit must be submitted to the Division on Discharge Monitoring Report (DMR) forms available on the Stormwater Permitting Unit's website above DMR forms must be delivered to the Division no later than 30 days from the date the facility receives the sampling results from the laboratory Also note that existing permittees do not need to submit a renewal request prior to expiration unless directed by the Division Your coverage under the General Permit is transferable only through the specific action of DWQ This permit does not affect the legal requirements to obtain other permits which may be required by DEN nor does it relieve the permittee from responsibility for compliance with any other applicable federal state, or local law, rule, standard ordinance, order judgment or decree If you have any questions regarding this permit package please contact the Division's Stormwater Permitting Unit at (919) 807 6300 Sincerely b/' UJ for Charles Wakild P E cc DWQ Central Files Stormwater Permsmng Unit Files Asheville Regional Office 41"w"A NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Governor Charles Wakild, P E Director William Dillard Santek Environmental of North Carolina LLC 650 25th St Nw Ste 100 Cleveland, TN 37311 Dear Permittee December 4, 2012 Dee Freeman Secretary Subject NPDES Stormwater Permit Coverage Renewal Haywood Co White Oak Sanitary COC Number NCG120047 Haywood County In response to your renewal application for continued coverage under stormwater General Permit NCG120000 the Division of Water Quality (DWQ) is forwarding herewith the reissued General Permit This permit is reissued pursuant to the requirements of North Carolina General Statute 143 215 1 and the Memorandum of Agreement between the state of North Carolina and the U S Environmental Protection Agency dated October 15, 2007 (or as subsequently amended) The following information is included with your permit package • A new Certificate of Coverage (COC) • A copy of General Permit NCG120000 • A copy of the Technical Bulletin for the General Permit • Two copies of the Discharge Monitoring Report tDMRj Form • Two copies of the Qualitative Monitoring Report Form The General Permit authorizes discharges of stormwater and it specifies your obligations for discharge controls management monitoring and record keeping Please review the new permit to familiarize yourself with all the changes in the reissued permit Your facility has six (6) months from the time of receipt of the permit to update your current SPPP to reflect all new permit requirements The first sample period of your permit begins January 1, 2013 Your facility must sample a measureable storm event" beginning during the periods beginning January 1 and July 1 of every year (or, if applicable report "No Flow " as outlined in Part III, Section E) Also please note that Tier 3 Actions rn Part 11 of your permit are triggered by benchmark exceedances on four occasions beginning on the effective date of this permit and do not count prior exceedances The more significant changes in the General Permit since your last COC was issued are noted either in the Draft Permit Fact Sheet that accompanied the public notice (http //aortal ncdenr ore/web/wgjws su current notices), or in the Response to Comments / Summary of Changes and Technical Bulletin documents that are posted on the Stormwater Permitting Unit's website with the new General Permit Please visit http //po tal ncdenr ors/web/wq/ws/su/nodessw (click on 'General Permits tab) to review that information for your specific General Permit carefully 1617 Mail Service center Raleigh North Carolina 27699 1617 Location 512 N Salisbury St Raleigh North Carolina 27604 Phone 91M07.6300 k FAX 91M07 6492 Internet www new to rrr�uality ara An Equal Opponumty i Anumabve Acton Employer NorthCarohna Naturally w A - Haywood County Solid Wa 278 Recycle Rd Clyde, NC 28721 Telephone (828) 627-8042 Fax (828) 627-8137 Stephen King Solid Waste Director N C Department of Environment & Natural Resources Attn Ms Susan Wilson Division of Water Quality 2090 US Highway 70 Swannanoa, NC 28778 Dear Ms Wilson set E C E � V E. MAY - 2 2011 WATER QUALITY SECTION ASh-VILLr- RF'.IC)\IAL OFr=ICE RE NOV-201 1 -PC-0235 White Oak Landfill April 28, 2011 This letter is in response to the Notice of Violation and Recommendation for Enforcement, dated April 11, 2011, and received by Haywood County Solid Waste shortly thereafter I will respond to each item of the letter and describe what the County is doing, or plans to do, to address the violation Permit Condition Violations r 1 Stormwater Pollution Prevention Plan (SPPP) According to a 'General Permit Text Error Note' in the County's NPDES Stormwater Permit Coverage Renewal letter dated November 1, 2007, "An SPPP is not a required �c element of General Permit NCG120000 ° The County respectfully requests that this violation be removed since a SPPP is not required for the landfill per its General Permit that covers the period 11I2007 to 10/2012 A draft site plan showing eight Stormwater Discharge Outfalls and fuel containment areas has been developed and submitted to 1 your office for review and comment 2 Qualitative Mondonng Qualrtative monitoring has taken place intermittently for the last several years and is now being performed consistently in accordance with permit requirements, and has been since the fall of 2010 We believe some records from before 2010 were lost by former employees of the Solid Waste Department Standing operating procedures for this monttoring have existed since January of 2008 and the current landfill manager will ensure continued compliance Wdh regard to recording uncontrolled releases of mud or muddy water or visible sedimentation found off site, we will begin immediately to keep a log of such instances 3 Analytical Mondonng Analytical monitoring is now being conducted and recorded in accordance with permit requirements Standing operating procedures for this monitoring have existed since January of 2008 and the current landfill manager will ensure conttnued compliance A Tier One response has been generated for SDO #8 (formerly Pigeon SDO) based on the 10/2010 analytical monitoring report NOV Response, Page 2 of 2 4 Approved Sediment and Erosion Control Plan We have approved Sediment & Erosion Control Plans for Phase 1 (inactive), Phase 2 (active), and Phases 3 & 4 (future) This violation is based on the current landfill configuration", which we assume refers on -going efforts (e g sediment traps, slope drains, and stilling basins) to control erosion and sedimentation that may not be shown on existing plans In response, the landfill manager and County Erosion Control Director met with Chip Koontz at the DENR Land Quality office on April 25, 2011 Based on this meeting, the County will, as soon as possible, provide Mr Koontz with a drawing showing existing effective and ineffective measures, as well as, a narrative regarding the current state of erosion control at the landfill 5 Twenty four Hour Reporting The County will immediately implement this reporting requirement for "any noncompliance which may endanger health or the environment" The County requests some clanfication regarding the difference in offsite sedimentation reporting thresholds for Part II, Section C and Part III, Section E 8 Stream Standard Violations Sediment has been deposited in two tributaries to the Pigeon River, one on the west side of the landfill and the other on the north side The west side deposition is primarily in a pond belonging to a property owner adjacent to the landfill The removal of sediment from this pond and the stream channel upstream of the pond will be done in the next couple of months once engineered plans and legal agreements are approved by all parties Several erosion control projects have recently been completed on the west side of the landfill property, including gravel on roads, hydroseeding, and sediment basin repairs These improvements have already proven successful in eliminating further sediment impacts to the western tributary Sediment removal in the north tributary is going to be difficult at best due to terrain, grade, and access issues The County respectfully requests an extension for this sediment removal project due to on -going repairs to the sediment basin (SDO #8) that is responsible for the sediment loss We would like to complete repairs to this basin before commencing with stream channel restoration efforts so that the work does not have to be done twice We are getting quotes to have a contractor come in and expedite the repairs and hope to have those complete by the middle of May At that time, we will revisit the sediment removal plan and work with DWQ to put something together We appreciate your patience and understanding in this matter as the County is eager to get into compliance with all stream standards Best regards r - ! a- )4-��� Mark Shumpert, PE Haywood County Engineer/Landfill Manager cc Stephen King, Haywood County Solid Waste Marc Pruett, Haywood County Erosion Control Permit NCG120047 Owner Facility Haywood Co Inspection Date 03/08/2011 Inspection Type Compliance Evaluation Permit and Outfalls # Is a copy of the Permit and the Certificate of Coverage available at the site? # Were all outfalls observed during the inspection? # If the facility has representative outfall status is it properly documented by the Division? # Has the facility evaluated all illicit (non stormwater) discharges? Reason for Visit Routine Comment The site plan and SWPPP should be updated and include all stormwater outfalls at the site Haywood County should contact the Division of Land Resources and ensure that they have an updated, approved Sediment and Erosion Control Plan It was very confusing at the time of inspection regarding what/where all the designated stormwater outfalls are Many basins are completed and DWQ would consider these outfalls to be designated stormwater outfalls (that require qualitative and analytical monitoring) Yes No NA NE ■ ❑ ❑ ❑ ❑■❑❑ ❑000 ❑❑❑e Page 4 Permit NCG120047 Owner Facility Haywood Co Inspection Date 03/08/2011 Inspection Type Compliance Evaluation Reason for Visit Routine Stormwater Pollution Prevention Plait Yes No NA NE Does the site have a Stormwater Pollution Prevention Plan? ❑ ■ ❑ ❑ # Does the Plan include a General Location (USGS) map? ❑ ■ ❑ ❑ # Does the Plan include a Narrative Description of Practices ? ❑ ■ ❑ ❑ # Does the Plan include a detailed site map including outfall locations and drainage areas? ❑ ■ ❑ ❑ # Does the Plan include a list of significant spills occurring during the past 3 years? ❑ ■ ❑ ❑ # Has the facility evaluated feasible alternatives to current practices? ❑ ■ ❑ ❑ # Does the facility provide all necessary secondary containment? ❑ ■ ❑ ❑ # Does the Plan include a BMP summary? ❑ ■ ❑ ❑ # Does the Plan include a Spill Prevention and Response Plan (SPRP)? ❑ ■ ❑ ❑ # Does the Plan include a Preventative Maintenance and Good Housekeeping Plan? ❑ ■ ❑ ❑ # Does the fatality provide and document Employee Training? ❑ ■ ❑ ❑ # Does the Plan include a list of Responsible Party(s)? ❑ ■ ❑ ❑ # Is the Plan reviewed and updated annually? ❑ ■ ❑ ❑ # Does the Plan include a Stormwater Facility Inspection Program? ❑ ■ ❑ ❑ Has the Stormwater Pollution Prevention Plan been implemented? ❑ ■ ❑ ❑ Comment Haywood County Is in the process of completing a plan (essentially started as of 9/2010) An SOP has been developed -which should be incorporated and followed as part of the Plan (in addition to the other required components of the plan) Qualitative Monitoring Yes No NA NE Has the facility conducted its Qualitative Monitoring semi-annually? ❑ ■ ❑ ❑ Comment Qualitative monitoring started as of 9/2010 The County seems to be missing data prior to 9/2010 There is some data from 2008 Analytical Monitoring Yes No NA NE Has the facility conducted its Analytical monitoring? ❑ ■ ❑ ❑ # Has the facility conducted its Analytical monitoring from Vehicle Maintenance areas? ❑ ❑ ■ ❑ Comment Analytical monitoring was conducted 10/2010 Prior data is missing or had not been completed Some of that data exceeded the benchmarks (TSS and Fecal - from Pigeon SRO) The County should conduct the required analytical monitoring semi-annually for all stormwater discharge outfalls Since the benchmarks have been exceeded - Tier 1 response is required now (See Part II, Section B of the permit) Subsequent sampling shall be reviewed in terms of an updated site plan Vehicle maintenance is conducted inside a covered building w/no floor drains Analytical monitoring for vehicle maintenance activities is not required Page 3 Permit NCG120047 Owner Facility Haywood Co Inspection Date 03/08/2011 Inspection Type Compliance Evaluation Reason for Visit Routine Inspection Summary Susan Wilson (DWQ) and Andrea Keller (DWM) met with Stephen King Marc Pruett, and Mark Shumpert of Haywood County at the Solid Waste Facility (White Oak Landfill) Mr Shumpert and Mr Pruett gave a site tour of the area The site has been modified from previous Sediment and Erosion Control approval plans (that Division of Land Resources have an older plan) Haywood County should contact ARO — Division of Land Resources as soon as possible and submit a revised plan for approval ARO-DLR will be copied on this inspection report and the DWQ will request that DLR staff conduct an on -site inspection at the landfill As stated in the inspection report — the site was very confusing due to lack of an approved plan and lack of a stormwater site plan New basins in which stormwater runoff is routed are considered stormwater outfalls and subject to qualitative and analytical monitoring An updated Stormwater Management Plan is crucial to DWQ's and the County's understanding of the site and stormwater monitoring and management requirements It was noted that below the older basin (that is currently being worked on/corrected), sediment has deposited (UT to Pigeon River) An off -site pond has also been affected in another area (and Haywood County is working with the adjacent landowner to clean out the tnbutary and pond) A Notice of Violation will be sent to the County regarding missing elements and requirements of the permit as well as off -site sediment deposition Page 2 Compliance Inspection Report Permit NCG120047 Effective 11/01/07 Expiration 10/31/12 Owner Haywood Co SOC Effective Expiration Facility Haywood Co -White Oak Sanitary County Haywood 3898 Fines Creek Rd Region Asheville Waynesville NC 28786 Contact Person Stephen King Title Phone 828-627-8042 Directions to Facility System Classifications Primary ORC Certification Phone Secondary ORC(s) On Site Represontative(s) Related Permits Inspection Date 03/08/2011 Entry Time 01 30 PM Primary Inspector Susan A Wilson Secondary Inspector(s) Reason for Inspection Routine Permit Inspection Type Landfill Stormwater Discharge COC Facility Status ❑ Compliant ■ Not Compliant Question Areas M Storm Water (See attachment summary) Exit Time 05 30 PM Phone 828 294-4500 Inspection Type Compliance Evaluation Page 1 ATLA. WDENR � North Carolina Department of Environment and Natural Resources Division of Water Quality Charles Waklld, P E Pat McCrory Director John E Uvarla, III Governor Secretary January 14, 2013 Mr Stephen King, Director Solid Waste Management — Haywood County 278 Recycle Road Clyde, NC 28721 Subject Incident Closure Notice of Violation and Recommendation for Enforcement NOV-201 I-PC-0235 Haywood County Dear Mr King The Division of Water Quality (DWQ) conducted a follow-up inspection at the White Oak Landfill on December 12, 2012 (a copy of which was sent to you as well) During that inspection, the tributary below SDO-8 was inspected to assess the results of the prior sediment removal The issues regarding this tributary have been satisfactorily resolved The written response from April 28, 2011, the subsequent stabilization efforts at the landfill, the qualitative and analytical monitonng conducted at the outfalls, and the sediment removal from the unnamed tributary to the Pigeon River below SDO-8 have resolved all the outstanding issues related to NOV-201 I-PC-0235 It is the DWQ's understanding that Haywood County is working with the landowner, Mr Kubalak, downstream of SDO-4 to resolve issues related to sediment in his pond The DWQ has not and will not intervene in that effort unless requested [the stream above his pond appeared free of sediment impacts during previous follow-up inspections] This letter in no way precludes this office for taking action on this or any other future violation Violations are subject to civil penalty assessment of up to $25,000 00 per day for eacli violation The DWQ appreciates the efforts of Haywood County, followed up by Santek, to comply with the requirements of the stormwater permit and resolve the NOV SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE Location 2090 U S Highway 70 Swannanoa North Carolina 28778 Phone 828 296-45001 FAX 828 299 7043 Inteff et www ncwaterquality org An Equal Opporunity ` Affirmative ACtion Employer NorthCarohna Naturally Mr King White Oak LF Page 2 of 2 Should you have any further questions or concerns, please contact Susan Wilson at (828) 296-4665 or Susan a xtilson riicdeni Vigo-, Sincerely, r Susan A Wilson, Environmental Engineer Surface Water Protection Section r cc Karen Higgins-- WBSCP Unit Mr Marty Stamey, Haywood County Manager ARO File Copy S LSWPkHaywood\Sto mwateANCG l2 Landfills\Haywood Co landfilllWhge Oak LF NOV 2011 PC 0235 Closure 1 2013 dm LF- I L E C C- Y NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H Sullins Dee Freeman Governor Director Secretary April 11, 2011 CERTIFIED MAIL RETURN RECEIPT REQUESTED — 7010 1870 0003 0874 6369 Mr Stephen King, Director Haywood County - Recycling and Solid Waste Management 278 Recycle Road Clyde, NC 28721 SUBJECT Notice of Violation and Recommendation for Enforcement NOV-2011-PC-0235 Haywood County — Solid Waste — White Oak Landfill NPDES General Stormwater Permit — NCG 120047 Haywood County Response Deadline April 29, 2011 Dear Mr King This letter is in follow-up to the NPDES Stormwater Permit Compliance Inspection conducted on March 8, 2011 Susan Wilson, Division of Water Quality (DWQ) and Andrea Keller, Division of Waste Management (DWM) met with Marc Pruett, Mark Shumpert, and you at the Haywood County -- White Oak Landfill off Fines Creek Road in Haywood County The facility was found to be in violation of permit NCG120047 The following violations were noted during the Division of Water Quality inspection I Permit Condition Violations I Stormwater Pollution Prevention Plan (SPPP) ➢ A Stormwater Pollution Prevention Plan (SPPP) has not been developed and properly implemented The plan should be completed and in place by May 31, 2011 A site plan map with all stormwater discharge outfalls should be included, as required, with the SPPP A copy of the updated site plan should be submitted to the DWQ - ARO 2 Qualitative Monitoring ➢ Qualitative monitoring has not been conducted and recorded in accordance with permit requirements Location 2090 US Hghway 70 Swannanoa North Carolina 28778 Phone 828 29645001 FAX 828 299 70431 Customer Service 1.877.623 6748 Intemet www ncwaterqualdy org EOM Equa! Opportunity 1 Affirmative Aclion Employer Nne orthCarolina Naturally Mr King Apnl11,2011 Page 2 of ➢ Also included in this Section of the permit (Part II, Section C) is the requirement to record and explain uncontrolled releases of sediment offstte This was not recorded as required 3 Analytical Monitoring ➢ Analytical monitoring has not been conducted and recorded in accordance with permit requirements 4 Approved Sediment and Erosion Control Plan ➢ There was no approved Sediment and Erosion Control Plan (through the Division of Land Resources) based on the current landfill configuration 5 Cwenty Four Hour Reporting ➢ Notification was not made to the DWQ within 24 hours and no 5 day report was submitted regarding sediment loss to the tributaries This is required by Part III, Section E S II Stream Standard Violations As stated previously, sediment has been deposited in two tributaries to the Pigeon River, a Class C stream in the French Broad River Basin Deposition of sediment is a Water Quality Stream Standard violation — Other Waste (in -stream sediment), 15A NCAC 2B 0211 (3) f Enclosed is a copy of the Compliance Inspection Report, which contains additional observations and comments for your reference In order to rectify the instream sediment deposition, the following will be required Please submit a Sediment Removal Plan (Plan) to this office for review and approval The Plan must address removal of accumulated sediment from all surface waters You must secure an environmental consultant experienced in stream restoration to assist you with developing your Plan, and obtaining any necessary approvals It is recommended that your consultant contact Ms Wilson of the Asheville Regional Office for additional guidance during Plan development The Plan should include • A narrative explaining how sediment will be removed, including, techniques, manpower and tools to be used • A proposed schedule with dates that indicate when you expect to begin and complete the removal of sediment • A diagram of the stream channel, referenced with photo documentation of sediment impacts before and after removal • A narrative explaining how and where the removed sediment will be disposed and stabilized Mr King Apttl 11 2011 Pagl 3 of 3 • Please explain how turbidity standards will not be exceeded b Once the work is complete, a final report documenting the results of the sediment removal activities should be submitted to Ms Wilson The DWQ understands that Haywood County is working with an adjacent landowner to remove sediment from an unnamed tributary to the Pigeon River and the owner's pond Briefly document this as part of the Sediment Removal Plan (in addition to noting the other tributary, below the older sediment basin, which has sediment deposition) Please explain why these problems occurred and when Haywood County anticipates being in full compliance with the stormwater permit The Division understands that Haywood County is now making progress towards overall compliance Thank you for your attention to this matter This Office is considering sending a recommendation for enforcement to the Director of the Division of Water Quality regarding these issues and any future/continued violations that may be encountered Your above -mentioned response to this correspondence will be considered in this process This office requires that the violations, as detailed above, be abated immediately These violations and any future violations are subject to a civil penalty assessment of up to $25,000 00 per day for each violation Should you have any questions regarding these matters, please contact Susan A Wilson at (828) 296- 4665 or susan a wilson a,ncdenr vzov Sincerely, Roger C Edwards, Regional Supervisor Surface Water Protection Asheville Regional Office Enclosure Inspection Report cc ARO File Copy (w/enclosure) Andrea Keller, DWM-ARO (w/enclosure) Janet Boyer, DLR — ARO (w/enclosure) Marc Pruett, Haywood County Erosion Control Marty Stamey, Haywood County Manager 1 yler Crumbley, USACE S 1SWP%11aywood\StormwaterlNCG12 LandrrkislHaywood Co landfi111CF1 NOV 2011 PC 0235 Landfill 4 2011 doc Postal �-mQERTIFIED MAIL,,., RECEIPT °- qwxrrfesfic Mail Only; No Insurance Coverage Pro�ided) 0 ICIAL US a co Postage $ r� Certified Feel ; ' 'v'9,y C3 i Q Return Recei pt Feg (Endorsement Roqulred) fir. �4 �Postmirk , } 9 M Restricted Delivery Fee {Endorsement Ruqulred) n N �13 Total Postage & Fees $ r �� t::] ', Stephen King, Director ,L �,✓ -q Haywood County 4 r- ,'' Recycling and Solid Waste Management 4 � ` 278 Recycle Road Clyde, NC 28721 ___-._.._... SENDER:. DELIVENY ■ Complete Items 1 2 and 3 Also complete A. Signature r 4 If Restricted Delivery Is desired X _ _ ❑ Agent ■ Wour name and address on the reverse T J i—� ❑ Addressee 9 1 P1, inted Name)' �-C t of Delivery North andCarolina Nat Department of Environment and Natural Resources t t Division of Water Qualrtyssdifterentfrom i enx7 ❑ yes' NCDENR Surface Water Protection Sectionflvery address below ❑ No i 2090 U S Highway 70 Swanil anoa NC 28778 �A' --- ' r tf ti p Stephen King, Director Y Haywood County n M Recycling and Solid Waste Management 3 service � ' 278 Recycle Road - CertitMill❑ Express MaIIClyde, NC 28721 egiRetum Receipt ndise ❑ InsuO D114111lll1rlllrllrll11111111InI 4 Restrict[ff FQ ❑ Y 7010 1870 0003 0874 6369 PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M 1540, UNITED STATES POSTAL SERVICE Ir1-tbTass MpII �Sisdgeees`Fa� MPermrt- NQ_ • Sender Please print your name, address, and 2tP+4 it Ais lb x +L SUSAN WILSON' t NCDENR DWQ SWP 2090 US HIGHWAY 70 1 SWANNANOA NC 28778 =� � �ii�IIIIEIi+lki�11111111111E[II!!}IliffllllkiilflFli�lFii]llfi /A vo "r' 3� t ` uf i,r ti r 17 �11C $�i�7?7tv)T- k a _ r VF r� U ��47 - Y ! 5-"Y-' F` `'t ,j y_/r�- -yr�,c� 7JL� �/r►h s r''''Z� '�J7/-�� � C—� �"'' � � S-�Yi7' S�4vM'�-�� J w F:zr ""/ r7-; / . - - rV t 1 W E_LA c 129 E� 1 Y_� _lhknoz __ 45 .his_ l `� �� r h; M� �j�i��i-"'1 ti { l �r r �1 r i /A - - Ir goo C� II I� --�/ CJatLY I} I� 41 I ' �kczv � tN r? s Yj 1 Y Nn<N , rrd � ,�a�+�d'2 �l (��4 V r a ,�♦ v L + � t lU u�y oojj by p `� ( N G ' L.(N �r �I i.... GAT �iG►�� N �� ��Z� � Y f l } y 0 V � J Permit NCG120047 SOC County Haywood Region Asheville Compliance Inspection Report Effective 11/01/12 Expiration 10/31/17 Owner Santek Environmental of North Carolina LLC Effective Expiration Facility Haywood Co White Oak Sanitary 3898 Fines Creek Rd Contact Person Stephen King Directions to Facility System Classifications Primary ORC Secondary ORC(s) On Site Representative(s) Related Permits Waynesville NC 28786 Title Phone 828 627 8042 Inspection Date 12/1112012 EntryTime 10 00 AM Primary Inspector Susan A Wilson Secondary Inspector(s) Reason for Inspection Routine Permit Inspection Type Landfill Stormwater Discharge COC Facility Status ❑ Compliant ❑ Not Compliant Question Areas 0 Storm Water Certification Phone Exit Time 10 30 AM Phone 828-294-4500 Inspection Type Compliance Evaluation (See attachment summary) oq- �� tj��a �► �� N Page 1 Permit NCG120047 Owner Facility San tek Environmental of North Carolina LLC Inspection Date 121l l/2012 Inspection Type Compliance Evaluation Reason for Visit Routine Inspection Summary Qualitative Monitoring LW �' 1`�'� /Za Yes No NA NE Has the facility conducted Its Qualitative Monitoring semi annually? n n n n Comment IVKA- I Analytical Monitoring C�1� ,b�p�fi;}y�t,Ncr �,�rp,2. .(a��/t2�) f ( Yes No NA NE Has the facility conducted its Analytical monitoring? n n n n # Has the facility conducted Its Analytical monitoring from Vehicle Maintenance areas? n n n n Comment Permit and Outfalls Yes No NA NE # Is a copy of the Permit and the Certificate of Coverage available at the site? n n n o # Were all outfalls observed during the inspection? n n n n # If the facility has representative outfall status is it properly documented by the Division? n n n n # Has the facility evaluated all illicit (non stormwater) discharges? n n In n Comment rhj � 1-K& H"S �h-� 3 PLO >5CH) ors,- '.1- 570 �- (2, r k Z/jO /(2 Page 2 t AAv NCDENR North Carolina Department of Environment and Natural Division of Water Quality Beverly Eaves Perdue Colleen H Sullins Governor Director October 21, 2011 Mr Stephen King, Director Haywood County - Recycling and Solid Waste Management 278 Recycle Rd Clyde, NC 28721 r�� � Y Resources Dee Freeman Secretary SUBJECT NPDES Stormwater Permit Compliance Inspection -Follow-up (Ref NOV-2011-PC-0235) Haywood County -White Oak Landfill NPDES General Stormwater Permit No NCG120047 Haywood County Dear Mr King This letter is in follow-up to the NPDES Stormwater Permit Compliance Inspection conducted on October l 1, 2011 The Division of Water Quality (DWQ) appreciates the efforts performed by Haywood County to achieve overall compliance at the site Enclosed is d copy of the Compliance Inspection Report, which contains additional observations and comments for your reference Due to the potential privatization of the landfill, DWQ does not believe elimination (or representative outfall status) of outfall monitoring should be granted at this time However, this may be considered in the future DWQ will conduct another inspection later this year to determine if sediment removal is necessary below SDO8 Because this could not be determined on the day of inspection, DWQ will not close out the Notice of Violation (NOV) with this follow-up inspection However, other issues brought up in the NOV dated April 11, 2011 have been satisfactorily resolved Please contact me at (828) 296-4665 or Susan A Wilson@ncdenr gov, if I can be of any further assistance Sinc ly, Gc-� usan A Wilson Environmental Engineer Surface Water Protection Enclosure cc Central Files Asheville Files - ARO/DWQ; Andrea Kellar (e-copy) S 1SWPli IaywoodlStormwaterlNCG 12 1 andfillMaywood Co Iandfi1110E1 NCO120047 1 ollow up 102011 doe Location 2090 U 5 Highway 70 Swannanoa North Carolina 28778 olle Phone 828 296 45001 FAX 828 299 70431 Customer Service 1 877.623 5748 NorthCaroltna Internet www ncwaterquality org Naturally An Equal Opportunely l Affirmative Action Employe 12! Permit NCG120047 SOC County Haywood Region Asheville Compliance Inspection Report Effective 11/01/07 Expiration 10/31/12 Owner Haywood Co Effective Expiration Facility Haywood Co White Oak Sanitary 3898 Fines Creek Rd Contact Person Stephen King Directions to Facility System Classifications Primary ORC Secondary ORC(s) On Site Representative(s) Related Permits Inspection Date 10/1112011 Primary Inspector Susan A Wilson Secondary Inspector(s) Waynesville NC 28786 Title Phone 828 627 8042 Certification Phone Entry Time 10 40 AM Beason for Inspection Follow up Permit Inspection Type Landfill Stormwater Discharge COC Facility Status ❑ Compliant ■ Not Compliant Question Areas . Storm Water (See attachment summary) Exit Time 01 10 PM Phone 828-294 4500 Inspection Type Compliance Evaluation Page 1 Permit NCG120047 Owner Facility Haywood Co Inspection Date 10111l2011 Inspection Type Compliance Evaluation Reason for Visit Follow up Inspection Summary Susan Wilson (DWQ) and Andrea Keller (DWM) met with Stephen King Marc Pruett, and Mark Shumpert of Haywood County at the Solid Waste Facility (White Oak Landfill) on October 11 2011 This visit was a follow-up inspection from the Inspection conducted March 8, 2011 All stormwater discharge outfalls (SDOs) have now been identified (for a total of 8) The County has performed much work on the site to bring it Into compliance The basin for SDO8 is much more stable (with grass/gravel) than it was during the Inspection conducted in March The basin for SD04 Is also more stable and the prior problems seem to have been corrected Haywood County maintains a spreadsheet for qualitative monitoring (which is well kept) and notes Analytical monitoring was conducted on most outfalls in May 2011 (some outfalls do not discharge regularly — and usually only in response to heavy rainfall events -- so sampling is difficult) Benchmark values were exceeded in some instances and the County performed the required Tier 1 response Due to the vegetation below SD08, the UT to Pigeon River could not be inspected for prior sediment impacts to determine If removal is necessary A follow-up visit (by DWQ) will be conducted in the winter after vegetation die -off The County has applied for a 404 permit to dredge the pond below S004 which has sediment Impacts As stated previously the site above the pond is much more stable at this point DWQ and the County discussed representative outfall status and/or removal of some identified outfalls However, at this time (and since the landfill may be privatized), DWQ would prefer that monitoring be maintained for another year to ensure a smooth transition etc Page 2 Permit NCG120047 Owner Facility Haywood Co Inspection Date 10/11/2011 Inspection Type Compliance Evaluation Reason for Visit Follow up Qualitative Monitoring Yes No NA NE Has the facility conducted its Qualitative Monitoring semi-annually'? ■ ❑ ❑ ❑ Comment Qualitative monitoring Is required weekly and after 1/2 Inch rainfall event (which the facility is doing) Analytical Monitoring Yes No NA Nt: Has the facility conducted its Analytical monitoring? ■ ❑ ❑ ❑ # Has the facility conducted its Analytical monitoring from Vehicle Maintenance areas? ❑ ❑ ■ ❑ Comment Analytical monitoring has been conducted if bench marks were exceeded - they were noted and followed up with Tier 1 response Several outfalls do not discharge except during very heavy rain events so sampling seems to be difficult Permit and Outfalls Yes No NA ME # Is a copy of the Permit and the Certificate of Coverage available at the site? ■ ❑ ❑ ❑ # Were all outfalls observed during the inspection? ■ ❑ ❑ ❑ # If the facility has representative outfall status is It properly documented by the Division? ■ ❑ ❑ ❑ # Has the facility evaluated all illicit (non stormwater) discharges? ■ ❑ ❑ ❑ Comment Page 3 i 7 s I k] 3 01 0000 W 083 00 30 00 W 083 00 00 00 W 082 59 30 00 W 082 59 00 00 W f %) �O [ JJ e r / z f) j[ O z z c�� r CD CD— y r LO ,6C ell p CD— f nn �E f CD— CD v rn o ' •• o ' ` Kubala Pond + ice. �" E �fi ' `^ �4 n CD — Shop rea Z M LO h� « y]' Z C.3 Z CD co V, 5 ` Cm LO p 3 01 0000 W 083 00 30 00 W 083 00 0000 W 082 59 30 00 W 082 59 0000 W SCALE 1 24000 0 1000 2000 3000 4000 5000 6000 700 FEET Wilson, Susan A From Mark Shumpert [MShumpert@haywoodnc net] Sent Tuesday, September 06, 2011 2 49 PM To Wilson, Susan A Subject Haywood Co Landfill Hi Susan, We received 2 5" of rain yesterday and for the most part the landfill held up really well The basins are working better, but I need to fix a leak in the riser barrel of SDO-4 because a small amount of muddy water was released despite the skimmer being in the dry At SDO-8, our repair appears to be working well but the stone filter around the outlet structure did let some slightly muddy water get to the outlet pipe Once we dry out, we will fix the leak and add some stone to SDO-8 Best regards, Mark Shumpert, PE Haywood County Engineer 1233 N Main St , Box 2 Waynesville, NC 28786 828-356-2114 (0) 828-452-6767 (F) 828-400-2362 (C) Pursuant to North Carolina General Statutes Chapter 132, Public Records, this electronic mail message and any attachments hereto, as well as any electronic mail message(s) sent in response to it, may be considered public record and as such are subject to request and review by anyone at any time 1 Wilson, Susan A From Mark Shumpert [MShumpert@haywoodnc net] Sent Wednesday, July 27, 2011 8 51 AM To Wilson, Susan A Subject RE Haywood County Landfill Reporting Hi Susan, Well, we had a month of more reasonable weather, but this week we received 2 3" of rain in two days and despite much work done to it, SDO#4 has released muddy water We have made tremendous strides in the last month to improve our erosion and sedimentation control measures and I hope you will be able to come out sometime so that I can show you our progress I am going to evaluate SDO#4 and try making additional improvements until it works the way it should Best regards, Mark -----Original Message----- FromWilson, Susan A [mailto susan a wilson(@ncdenr gov1 Sent Friday, Dune 24, 2011 9 04 AM To Mark Shumpert Cc Stephen King Subject RE Haywood County Landfill Reporting Thanks for letting me know, Mark I know we've had those crazy microbursts - hope it's over for awhilel Susan A Wilson - Susan A Wilson(@ncdenr gov North Carolina Dept of Environment and Natural Resources Asheville Regional Office Division of Water Quality - Surface Water Protection 2090 U S 70 Highway Swannanoa, NC 28778 Tel 828-296-4500 Fax 828-299-7043 Notice E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and therefore may be disclosed to third parties -----Original Message----- FromMark Shumpert [mailto MShumpert@haywoodnc nett Sent Thursday, June 23, 2011 2 47 PM To Wilson, Susan A Cc Stephen King Subject Haywood County Landfill Reporting Good afternoon Susan, This email shall serve as written notification of two non-compliance events related to surface water discharge at the White Oak Landfall in Haywood County On June 19, we received over two inches (2 6") of rainfall, and on June 23, we received another inch (1 0") of rainfall These events resulted in the release of muddy, or sediment laden, water from SDO's 3, 4, and 8 We are attempting to repair and/or improve all three of these locations, but the constant rainfall has hampered our efforts As soon as we get a break in the weather, all work will be completed and notification provided to your office Best regards, i Mark Shumpert, PE Haywood County Engineer 1233 N Main St , Box 2 Waynesville, NC 28786 828-356-2114 (o) 828-452-6767 (F) 828-400-2362 (C) Pursuant to North Carolina General Statutes Chapter 132, Public Records, this electronic mail message and any attachments hereto, as well as any electronic mail message(s) sent in response to it, may be considered public record and as such are sub3ect to request and review by anyone at any time 2 Wilson, Susan A From Mark Shumpert [MShumpert@haywoodnc net] Sent Thursday June 16 2011 2 22 PM To Wilson Susan A Cc Stephen King, Marc Pruett Subject Haywood County Landfill Susan, This email shall serve as written notification of two non-compliance issues related to surface water discharge at the White Oak Landfill in Haywood County On Sunday June 12 we received two inches (2 0") of rainfall as recorded on Monday morning This event resulted in the release of muddy or sediment laden, water from SDO 4 and probably SDO 8, though by the time I got to it on Monday the discharge was nearly clear We are in the process of removing mud from SDO 4 and believe once we do this and add new filter stone to the face of all baffles, this structure may perform better SDO 8 is still being repaired and we are doing the best we can to complete the work and prevent any future release of sediment in runoff discharge Yesterday evening, June 15, we received two and a half inches (2 5 ) of rainfall at the landfill With some water still in our basins, this storm only served to make matters worse for us With this storm we experienced a sediment loss from SDO's 3, 4, and 8 The first pass of this storm produced torrential downpours, almost 1 5" in less than an hour, and crippled our conveyance and containment systems Then the second wave hit us and added another inch of rainfall to our already overwhelmed systems Repairs to SDO 8 will soon be complete if the weather cooperates I am investigating SDO 4 to ensure it has adequate capacity and functionality for future storms This week marked the first time that I have seen sediment -laden discharge from SDO 3 and I believe it is due to recent grading activities on the access road I use to reach SDO 3 We will address this with stone or grass as soon as possible Please let me know if you need anything else Best regards Mark Shumpert PE Haywood County Engineer 1233 N Main St, Box 2 Waynesville, NC 28786 828-356-2114 (0) 828-452-6767 (l=) 828-400-2362 (C) Pursuant to North Carolina General Statutes Chapter 132 Public Records this electronic mad message and any attachments hereto as well as any electronic mail message(s) sent in response to it may be considered public record and as such are subject to request and review by anyone at any time Wilson, Susan A From Marc Pruett [MPruett@haywoodnc net] Sent Tuesday May 10, 2011 2 40 PM To Wilson Susan A, Keller, Andrea Cc Stephen King Marty Stamey, Mark Shumpert Subject work at the Haywood County landfill Attachments wolf 051011 007 1pg, wolf 051011 008 1pg wolf 051011 019 ]pg wolf 051011 025 ]pg Hi Susan and Andrea 1 have attached some pictures for you that I took today at the landfill I hopc they will show acceptable efforts by the County to gain c,omphance I here are three photos of the old Sediment Basin #1 for you to see as well as one of the hydroseeding at the entrance Our thought on the basin area is that we need to fix the basin before we restore the stream In other words, we want to stop any further sediment transportation to surface waters by repairing the critical control structure first On the basin I am very impressed with the methodology Mark Shumpert used and in the guidance he gave to the operators Here is what I want you to see l hey created a forebay as a settling basin in the upper end of the larger structure to allow settlement as well as hold water while the larger structure was set up in order for work to progress Also, a secondary, linear holding area for water was created away from the work area, and it is being pumped from the outlet end What this has effectively done is to clear the work area of water, allow the water to settle and gain clarity, and recharge the stream with better quality water The pictures show that the excavation equipment is placed upon large stone rip rap and I am encouraged that much of the work area is dry and stiff enough to allow the equipment adequate work space I hank you for working with us We will continue to keep you informed of our progress Respectfully, Marc. Marc Pruett, CPESC Program Director Haywood County Erosion Control 1233 North Main Street, Annex 1I Waynesville, North Carolina 28786 T 828-452-6706, I~ 828-452-6767 mpt uettnhaywoodne net Confidentiality Notiet I his message is rnttndtd ex(.]usrvely IOr the rndrs rdu d or enIny to which I is addressed I his eommunu, ttron may contain inIormatron that is proprietary privileged Loll lidtntrdl or otherwise legally tkempt from drSClnSure If you are not the named iddrLM L you trt not duthorwtd to rtad print retam copy or dissemmate this messagt or any p in of it It you have received this message in error pleas(. nouf) th(. sender immcdtately either by phone (828-452 6706) or reply to this t in ul and delete all eopres of this message, 10 ensure compliance. with the requirements impostd by the IRS we inform you that any U S federal tar advice contained in this communication (including the attachments) is not mtLnded or wrnitn to be used for the purpo%L of (a) avoiding penalties under the Internal RtNenue Code or (b) promoting marketing or rteommendmg, to another party any transdeuon or tax related matterls] 1 o provide you with a eommumeation that could be used to avoid penalties under the Internal Revenue Code w ill necessarily entail additional investigations analysis and conclusions on our part Pursuant to North Carolina General Statutes Chapter 132 Public Records this electronic mad message and any attachments hereto as well as any electronic mail message(s) sent in response to it may be considered public record and as such are subject to request and review by anyone at any time SCALE 1:24000 0 1000 2000 3000 4D00 soon 6000 7 — —FEET — w fj "I F /� +IF7 �''s U��1� /Ivo •+/ r AT), r 00 h �1 "gi y r J, �M r f 1 i / � r t + a � 3 r lV .n• � r Y PNy r 4 l r 3 j e I Fd� 1yo5 ��zinLS� •'�'� �- ��o j -7;; v 62 ti ti \ 5 n _ �` C : l• . `tn 1ly�ICZ� , , Q�t ►'�b�Z+1V�� � V ' •� 1 7• ft< �i �i b� ° r 1. 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I I� . � f ' i � t C 0 Toy So 00 W 083 00 00 00 W 082 59 30 00 W SCALE 1 12000 0 1000 .-- _. 2000 3000 — FEE1. _ 1;" 00 b� � �/'H14 p14r� 94) D_ A- i 6�.j U� (� 4�s c �bL, � j�' ( j r &—Low �.pctrA."b- Al PA?--T 5 E� G i .f .. . t ,� �, , { _ { �. � � Y � j•i r` �� • �- � ` u k � �� 1 ; t Y � �� ` � ]7� k � 7 3 ®-17 G� °� s R� aCL)'1- L -,w 1711) 1v-V r mfl w%Xj -4'P,5 , cy- -'mod -t4V�j l C � I h r45 &I r- , 1 Cam.�ao c•� �Pg �- -Th �jrc R e 5 _3=tens IN U�c - Oro — S {�i�130 i J fo L-7 ie ` ,1 tiY ry 4 e-L SWLuN+3 �/ PLtr DI% &Ni7? 147_ —" 77 06 2� y "L2-1, e LL64.?C77 AMPS 1- �3't�r-i-- j � ,�1G�%�� PCN.44,F,7 'A... 3 TMZ,r� 4oV;�— r L / "--,7 _ AA) , ;Q, .5 4-77�� s r �I r i� I i I' i �i I I� STORMWATF R DISCHARGE OUTFALL (SDO) MONITORING REPORT Certificate of Coverage No NCG SAMPLES COLLECTED DURING CALENDAR YEAR (This monitoring report shall be recened by the Division no later than 30 days from the date the facility receives the sampling results from the laboratory ) FACILITY NAME PERSON COLLECTING SAMPLL(S) CERTIFIED LABORATORY(S) Lab ## Lab ## COUNTY PHONE NO �) (SIGNATURE OF PERMITTEE OR DESIGNEE) By this signature, I certify that this report is accurate eomplete to the best of my knowledge Part A Vehicle Maintenance Actri ty Monitoring Requirements (onl) if, on a-.erage, more than 55 gallons per month of new motor oil is used) Outfall No Date Sample Collected, mo/dd/yr Total Rainfall, inches New Motor Oil Usage, Annual average al/mo 00556 00530 00400 Oil and Grease, mg/L Non -polar O&G/TPH (Method 1664 SGT-HEM), if a I Total Suspended Solids, mg/L pH, Standard units Benchmark - - - 30 15 100 6 0 — 9 0 Note If you report a sampled value in excess of the benchmark value or outside the benchmark range for pH you must implement Tier 1 or Tier 2 responses in the General Pernut Mail Original and one copv to Division of Water Quality Ann Centr it Files 1617 Mai Service Center Raleigh North Carolina 27699-1617 I certify, under penalty of law, that this document and all attachments %sere 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 %ho 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 am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knoKing N iolations " (Signature of Pernuttee) (Date) Form SWU-254-062310 Page I of 1 t0� WA%p ' ichael I gley i3overnor Erg Secretary North Carolina Depart ent of En ronment and Natural Resources Alan w Klimek P E Director Division of Water Quality t7 � Asheville Regional Office SURFACE WATER PROTECTION SECTION October 16, 2006 Mr Bobby Cogdill Solid Waste Director 278 Recycle Road Clyde, NC 28721 SUBJECT Technical Assistance Visit Haywood County Landfill Permit number NCG120047 Haywood County Dear Mr Cogdilll Enclosed please find a copy of the technical assistance report from the visit conducted on October 12, 2006 1 appreciate the county's request for guidance for complying with its stormwater permit NCG120047 I am pleased with the maintenance of structural controls as well as with the maintenance of visual monitoring records Please refer to the enclosed report for observations and comments If you or your staff have any questions, please call me at 828-296-4664 Sincerely, Laurie L Moorhead Environmental Specialist Enclosure Cc Mark Pruitt, Haywood County Erosion and Sediment Control ARO - Stormwater Compliance Files Central Files 2090 U S Highway 70 Swannanoa NC 28778 Telephone (828) 296 4500 Fax (828) 299 7043 Customer Service 1 877 623 6748 It", Al turally United Slates Environmental Protection Agency Form Approved E n /� Washington U C 204fi0 r/1 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 yrlmolday Inspection Type Inspector Fac Type 1 I nI 2 J_5j 31 HCG120041 111 121 06/1()112 117 18 191 SI 201 ! r�l I I Remarks 21IIIJI_LLJjj_118 Inspection Work Days Facility Self Monitoring Evaluation Rating B1 CA - - Reserved — - - 67I 169 701 I 71 LI 721 N I 73 L j J 74 751 I I I I I I 180 I�� Section B Facility Data Name and Location of Facility Inspected (For Industrial Users discharging to POTW also include Entry Time/Date Permit Effective Dale POTW name and Nli permit Number) Haywood co -white Oak Sanitaz} 10 06 All 06/10/12 02/09/01 Exit TimelDate Permit Expiration Date 3898 Fines Creek Rd Waynesville 1K 28786 11 15 AM 06/10/12 01/08/31 Name(s) of Ot iie Representative(s)ITitles(s)IPhone and Fax Number(s) Other Facility Data Name Address of Responsible Official/Title/Phone and Fax Number Contacted Bobby Cogdill 278 Recycle Rd Clyde Nr- 28121//82B-627-8042/ NO Section C Areas Evaluated During Inspection (Check only those areas evaluated) Permit Operations & Maintenance N RecordslRepotts f acuity &te Review Storm Water Section D Summary of Find inglComments (Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Names) and Signature(s) of Inspector(s) Agency/ONice/Phone and Fax Numbers Date Laurie L Moorhead ARO WO//828-29n-4500 Lxt 4664/ f *"'� A ) to/ Signature of Management Q A Reviewer AgencylOfficelPhone and Fax Numbers Date W WQ//020-296-4500/ 4� 131,9C. Rcger C. Hdwards ARO EPA Form 3560 3 (Rev 9 94) Previous editions are obsolete Page # 1 Ar NPDES yrlmolday Inspection Type 3l IICGIL20047 {11 12� 06/10/12 117 18LDI (cont ) Section D Summary of FindingtComments (Attach additional sheets of narrative and checklists as necessary) The Haywood County landfill is doing a good job of capturing stormwater runoff from the landfill before it reaches surface waters The landfill has 3 ponds that intercept stormwater and all were either in good condition at the time of visitation or were in the process of being cleaned out Pace Analytical collects some surface water samples and analyses the samples every 6 months for compliance with the landfill's Division of Waste Management permit tab data were not reviewed at the time of visitation The permit was on -site, visual monitoring records were kept appropriately and were reviewed and the landfill manager was familiar with the permit requirements Discussion and clarification was sought on the visual inspection requirements of every 7 days and within 24-hours of a 0 5 inch rain Monitoring records are to also contain maintenance documentation of basin clean outs, etc Weekly, routine monitoring was discussed as being easier to remember than 7 days post every 0 5 inch rainfall event Secondary containment of the fuel and diesel tanks were not properly maintained at the time of visitation Evidence of leaks was apparent and diesel fuel was oozing from its concrete containment basin Open drains at the time of visitation are responsible for this failure Plugs need to be installed in both cases, contaminated soil must be removed and properly disposed of, and roofs should be erected to prevent excess liquid from accumulating In the concrete pads and basins This will eliminate the need for pumpage and haul of contaminated stormwater The landfill manager plans to investigate the design storm capacity of the 3 sediment basins as analytical monitoring is not required if a pond is sized to capture the 10 year124-hour storm event Additionally, the landfill manager intends to see where Pace Analytical collects all surface water samples so that should surface water monitoring be necessary Pace will collect samples in the appropriate location for compliance with NCG120047 Page # 2 a Permit NCG120047 Inspection Date 10/12/2006 Owner Facility Haywood Co White Oak Sanitary Inspection Type Technical Assistance Operations & Matntenanee Yes 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 Both the fuel and diesel fuel tanks at the vehicle maintenance area were leaking at the time of Inspection Secondary containment has been provided In that concrete pads and walls surround both tanks However floor drains In both were open and the diesel tank was leaking diesel Both drains need to be plugged, contaminated soil removed and roofs erected Permit Yes No NA NE (If the present permit expires in 6 months or less) Has the permittee submitted a new applicabon? ❑ ❑ ■ ❑ Is the fac{lily as described in the permit? ■ ❑ ❑ ❑ # Are there any special conditions for the permit? ❑ ■ ❑ ❑ Is access to the plant site restricted to the general public? ■ ❑ ❑ ❑ Is the inspector granted access to all areas for inspection? ■ ❑ ❑ ❑ Comment Page # 3 Tecamcal Assistance Visit Subject I echntcal Assistance Visit From Bobby Cogdtll <bcogdill a haywoodnc net> Date Mon, 20 Nov 2006 12 33 35 -0500 To laurte moorhead@ncmail net Laurie This E-mail is to address the questions you had during your October visit to the White Oak Landfill 1- The sediment basins are sized for the 25 year/24 hour storm event 2- Pace Analytical collects six surface water samples including a sample from each of the three branches leaving the landfill perimeter 3- The containment basin plugs are in and the roof covering the `uel tanks is under construction The framework is up and the metal for tl-ie roof .as scheduled to be here next Tuesday, 11-28-06 Please let me know if you have any other questions that need to be addressed Sincerely, 5ohby Cogdill I W 1 t 1 /21 /2006 8 12 AM MlLhaei r i-asiey Governor William G Ross Jr Secretary North Carolina Department of i-m imnment and Natural Resources Alan W Klimek 1' L Director Division of Water Quality March 31, 2006 Haywood Co 3898 Fines Creek Rd Waynesville, NC 28786 Subject General StorMWAter Permit Inspections Haywood Co -White Oak SanItary Permit No NCG 120047 Haywood County Dear Sir or Madam Your facility holds a general permit from the North Carolina Division of Water Quality to discharge stormwater associated with industnal activities performed at your facility Please be advised that the Asheville Regional Office will be performing. NPDES stormwater inspections sometime in the near future If this office has not previously inspected your facalrty, you should be prepared to demonstrate compliance with all trims and conditions included in the permit Specifically, we will be i,valuating the following your stormwatei pollution prevention plan, stormwater outfall locations, qualitative and analytical monitoring data and any other activities required by your petmit Please note that any data reported to the State must be analyzed by a facility that has a North Carolina laboratory ceitifieation, either as a full laboratory or as a facility certified to perform on -site field testing If you have any questions regarding the generation of your facility's data, please feel free to call Gary Francies at (828) 296-4677 Copies of the general permits and accompanying documents can be arcs ssed from the following webpage hill) //wives ncwslier quahly orglyulFolins—Documents h11779r107 nm'atel GP If you have any questions, plc asc contact me in the Asheville Regional OffiLe at (828) 296-4500 Sincerely, Kerry Becker Environmental I echnician cc NPS Compliance & AssistanLe Oversight Unit SWP-Central Files ARO Files Na°` Carolina Naftira!!y North Carolina Dnrsion of Water Quality 2090 U s N«1 70 SNk innanoa, NC. 28778 Prone (828) 296 4500 lax (828) 299 7043 Internet http ffwww riCwaterquaIay org/ An Equal Opportun"lAfrrnatrve ACWn Employer 1 x 1 State of North Carolina Department of Environment, Health, and Natural Resources Asheville Regional Office James G Martin, Governor William W Cobey, Jr, Secretary MEMORANDUM TO FROM SUBJECT DIVISION OF ENVIRONMENTAL MANAGEMENT WATER QUALITY SECTION January 12, 1993 Roy M Davis Forrest R Westa Ann B Orr Regional Manager Haywood County Landfill Leachate Management Issue Haywood County As we discussed last week, the Water Quality staff met with representatives of Haywood County on Wednesday January 6, 1993 to discuss this issue The County has completed a soil scientist evaluation of the landfall site for the feasibility of an on -sate treatment/disposal system This study was directed by the Water Quality Program to satisfy requirements for a complete evaluation of all leachate management options The report concludes that the soil in the area of the landfill is viable for the application of pre-treated leachate The County has applied for a Pump and Haul Permit to process the leachate at the Waynesville WWTP so that a September start up of the landfill can proceed The duration of the Pump and Haul Permit would be set in order to allow adequate time to place an on -site system in service (2 to 3 years) At the Wednesday meeting, our direction to the County was to have them finalize the pump and haul application (add additional pretreatment and secure a Pretreatment Permit from Waynesville) and begin development of an on --site treatment/disposal application package It is the general position of the Water Quality staff that on -sate treatment/disposal has great potential to be the most environmentally sound, cost effective option available The County has shown an interest in the on -site option due mainly to cost (i e transportation) considerations of the pump and haul option tnterchange Building 59 Vroodhn Place AShewlle IBC 2880E • Telephone 704-251-6208 An Fqual Oppominity Affirmative Acnon Fmpinyer y Roy M Davis Memorandum January 12, 1993 Page Two With regard to the requirement to develop an on --site treatment/disposal application package, the County expressed concern that this Agency might not approve (issue a permit) for this option I indicated that Division representatives would discuss and settle this issue as soon as possible and communicate to them a final decision Because of the program -wade potential impacts, we need to resolve this question so that this landfill pro3ect and others can proceed If you would like to discuss this further, please let me know xc Steve Tedder Max Haner `O�QF W AT Bevetty Eaves Perdue, CoverRnr v� r QDco Prcemaa Secretary � Noah Carolina Department of Snvitoomcni and NAMMi Rcsourcea D 'c CalOen H 5uYtris Director Division of Water Quaftry ILI �rFa�iin4.dil.. 1 _ 4.k 'S "'l{S'! .(U �i G 6 �.klr^Ri} i'r+Yl+_�i►�+��'"c+�t�ao I Please enter the permit number for winch the change is requested NPDES Permit (or) Certificate of Coverage 0 11 z lI Permit status nrlor to requested change a Permit issued to (company name) Haywood County b Person legally responsible for permit Joseph S King First ME last Director - Recycling and Solid Waste Management Title 278 Recycle Road Penne Holder Maduig Adelms Clyde NC _ 28721 City State Zip 828 627-8042 828 627-8137 Phone fax c Facility name (discharge) Haywood County - White Oak Sanitary d Facility address 3898 Fines Creek Road — Address Waynesville NC 28786 City state Zip e Facility contact person Joseph S King ( 828 )627-8042 First I MI 1 Last Phone M Please provide the following for the requested change (revised permit) a Request for change is a result of ❑ Change in ownership of the facility ❑ Name change of the facility or owner If otherpfease explain Change m operator of the facitty b Permit issued to (company name) Santek Environmental of North Carolina, LLC c Person legally responsible for permit William M Dillard First Mr Last Executive V P of Operations Title _650 25th Street, NW, Suite 100 Permit Holder Mailing Address Cleveland TN 37311 City State Zip (423 ) 476-9160 mdilia rd@santekenviro com Phone E mail Address d Facility name (discharge) Haywood County - White Oak Sanit_ary e Facility address 3898 Fines Creek Rd Address Waynesville NC 28786 City State Zip f Facility contact person Joseph S King First he LAst (828 ) 627-8042 skmg@aywoodnc net Phone E mail Address Revised EUMOB PERMIT NAMEIOWNERSHIP CHANGE FORM Page 2 of 2 IV Permti contact hdor matron (if different from the person legally responsible for the permit) Permit contact William G Martin Pint Mt Last Environmental Cotnt)llance Coordinator Title 650 25th Street, NW, Suite 100 Maituig Address Cleveland TN 37311 City State Zip (423 ) 476-9160 wmarttn@santekenvtro corn Phone E-mail Address V WIII the permitted facWty continue to conduct the same industrial activities conducted prior to this ownership or name change' ® Yes ❑ No (please explain) Vl Required Items THIS APPLICATION WILL BE RETURNED UNPROCESSED IF ITEMS ARE INCOMPLETE OR MISSING [ This completed application is required for both name change and/or ownership change requests ❑ Legal documentation of the transfer, of ownership (such as relevant pages of a contract deed, or a bill of sale) is required for an ownership change request Articles of incorporation are not sufficient for an ownership change The certifications below must be completed and signed by both the permit holder prior to the change, and the new applicant in the case of an ownership change request For a name change request the signed Applicant's Certification is sufficient PF�oRM) T E C TIFICATION (Pet=t holder prior to ownership change) I p . hA application for a name/ownershtp change has been reviewed and is accurate and complete to the best of my knowledge I understand that if all required parts of this application are not completed and that if all required supporting information is not included, this application package will be returned as ineainpl to Sign ture ate APPLICANT CERTIIE<'ICATION I William, IN ffif tAn application for a name/ownership change has been reviewed and m &,curdte and complete to the best of my knowledge I understand that if all required parts of this application are not completed and that if all requited supporting information is not included, this application package will be returned as incomplete Signature Date PLEASE SEND THE COMPLETE APPLICATION PACKAGE TO Division of Water Quality Surface Water Protection Section 1617 Mail Scrvice Center Raleigh North Carolina 27699-1617 Revised 712009 North Carolina Department of Environment and Natural Resources wnrE9Qc y Technical Bulletin for N.C. General Stormwater � r Permit NCG120000 Technical Bulletin for NCG120000 Landfills Last Revised 10/25/2012 What is regulated by this General Permit? This General Permit regulates stormwater discharges from landfills (including construction and demolition landfills) and associated on -site activities What does my DWQ stormwater erm►t require me to doe ✓implement your approved Sedimentation and Erosion Control Plan (Part li, Section A) ✓ Implement your solid waste permit from the Division of Waste Management (Port 11, Section A) ✓Install secondary containment for bulk storage of liquids, including petroleum products (Port il, Section A) ✓Conduct semi-annual testing of the stormwater discharges, and report results to DWQ (Part iI Sections B and C) -'Conduct semi-annual visual monitoring of stormwater discharge flows for the characteristics listed in the permit, and keep the records of the visual monitoring on your site (Part !l, Section D) ✓ Inspect your sediment and erosion control measures and your stormwater control measures weekly, and after every]/2" rain Keep the records of the inspections on your site (Part il, Section D) ✓ Respond to monitoring results that exceed the numerical benchmarks with management actions to reduce the level of pollutants in the stormwater discharges Note that the numerical benchmarks should be considered as `action levels; rather than permit limits, and so would not alone generate permit violations (Part !l, Sections B,C,and D) Why� -'The General Permit seeks to reduce pollution in rainfall runoff from landfills by requiring site managers to be aware of, and to reduce, contamination in stormwater runoff ✓Federal and state laws and water regulations require the reduction of pollution in stormwaterfrom landfills -'Those laws and regulations reflect the public's support for clean natural waters in our state and nation What has changed since the last renewal in 200P • Although they were previously subject to water quality regulation according to federal rule, the General Permit now specifically clarifies that construction and demolition landfills may be regulated by this permit • The permittee may now sample discharges from any measureable storm event, rather than from a representative event This change should make it easier to obtain a sample from a qualifying rain event • The permit text now clarifies that failure to sample due to adverse weather, or due to no discharge during the nor- mal monitoring period, maybe excused However, the permit now provides that additional monthly monitoring for unexcused failures to monitor may be required by DWQ • The permit now provides that sampling is not required outside of the facility's normal operating hours • Visual monitoring of the discharge flows for the characteristics listed in the permit has been reduced in frequency from weekly to semi-annual However, inspections of the sedimentation and erosion control measures have been retained as a weekly obligation • The permit text now clarifies that if DWQ relieves the permittee from monthly monitoring under Tier 2, that relief would continue into subsequent permit renewals, unless DWQ's relief letter provides otherwise • Vehicle Maintenance Areas (VMA) will be monitored for Total Petroleum Hydrocarbons (TPH) rather than Oil & Grease (O&G) • VMA monitoring is now triggered by the total oil visage for motor oil plus hydraulic oil The trigger remains at a total of 55 gallons per month, average • A lower TSS benchmark of 50 mg/L applies for discharges to especially protected water classifications FACE TECHNICAL BULLETIN FOR N c GENERAL STORMWATER PERMIT NCG120000 LAST REV 1012512012 Frequently Asked Questions Do I have to monitor all outfalls? Yes However, you may request ROS (Representative Outfall Status) If ROS is approved, this status allows analytical monitoring at fewer outfalls To request ROS, submit a ROS Request Form SWU ROS (from our website) to the DWQ Regional Office What if I can't collect a storm - water discharge in 30 minutes" When distances separate multiple out falls and preclude collection within 30 minutes of each discharge event begin collection within 30 minutes and then continue until all outfalls are sampled Documentation of the site circum stances must be kept with the sampling records on site Can I take more samples than is required by my permitN Yes The permittee may take multiple samples at any time while under per mit coverage The permittee may find the extra sampling useful to quickly identify causes of benchmark ex ceedances All sampling for the permit parameters must be reported to DWQ on the DMR forms What if I can't sample because of bad weather? Adverse weather is dangerous or it may limit access for sampling person nel Your documentation of adverse weather and the reasons for not sam pling must be included in your on site records A substitute sample may be taken during the next qualifying storm event What if I don't address visual monitoring problems? If you do not respond to problems seen in visual monitoring DWQ may require that you increase the visual monitoring frequency, apply for an individual per mit, implement in stream monitoring, install or modify structural stormwater controls, or implement other controls What if I forget to monitor? DWQ may require monthly monitoring for a specified time period Why did you replace oil & Grease with TPH in VM areas? The TPH test only targets chemicals de rived from crude oil The Oil & Grease (0&G) test recovers fats from animal & vegetable sources and chemicals from crude oil Because TPH is more specific it is a better parameter for vehicle main tenance areas The TPH method we are specifying is EPA 1664A (SGT HEM) it is important to note that DWQ is not specs Eying the more expensive Gas Chromato graph (GQ TPH method DWQ found lab costs for EPA 1664A (SGT-HEM) to be comparable to 0&G test costs To test these parameters in stormwater, labs must perform this test in accordance with EPA procedures, but do not need to be certified Note A lower benchmark applies for TPH 15 mg/I (not 30 mg/1) Why are there two benchmark values for TSS7 The 100 mg/L benchmark applies to most rivers, lakes, and creeks in North Carolina However, some other waters must receive special protection under North Carolina water quality rules, and in this permit discharges to them are subject to the more protective bench mark of 50 mg/L Those waters classified as Trout Waters, High Quality Waters, Outstanding Resource Waters, and Pri mary Nursery Areas receive this extra protection Where and when do I send the monitoring reports? See your permit text Part 111, Section E Who can help me?� Division of Water Quality (DWQ) Offices Must I use a North Carolina certified laboratory? No North Carolina water quality rules do not require that analyses of storm water be accomplished by a certified facility Please note however, federal rules at 40CFR136 do require that test ing for this permit be by EPA approved lob methods Analysis by a North Caro lina certified lab is often the easiest way to insure compliance with federal rules Note that pH is a special case, and must be measured within 15 minutes of the sample recovery You must ei- ther train on site staff to conduct pH testing, or contract with commercial services to test pH in accordance with EPA field testing methods Who inspects me, and for what? Staff from the DWQ Regional Offices shown below will inspect your facility They will typically ask to see your Sedi mentation and Erosion Control Plan to see that it is being fully implemented They will typically ask to see your re cent monitoring results They will type tally tour the facility with a focus on the stormwater discharge outfalls and on your general housekeeping as a way to assess the potential for polluted stormwater discharges Our staff will always follow up their Compliance Evaluation Inspection with a summary letter to you restating their findings and, if necessary indicating whether enforcement action will be considered in response to those findings Asheville Office (828) 296 4500 Washington Office (252) 946 6481 Fayetteville Office (910) 433 3300 Wilmington Office (910) 796 7215 Mooresville Office (704) 663 1699 Raleigh Officg_(919) 79 Winston Salem Office (336) 771 5000 Central Office (9 8076300 DWQ Stormwater Permitting Umt hup 11portal nalenrorg/web/wg1"1su M Permit No NCG120000 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY GENERAL PERMIT NO NCG120000 TO DISCHARGE STORMWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM for Landfills 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, this permit is hereby issued to all owners or operators, hereinafter permittees, which are covered by this permit as evidenced by receipt of a Certificate of Coverage by the Environmental Management Commission to allow the discharge of stormwater to the surface waters of North Carolina or to a separate storm sewer system conveying discharges to surface waters in accordance with the terms and conditions set forth herein Coverage under this General Permit is applicable to ♦ All owners or operators of stormwater point source discharges associated with activities categorized as landfills, including construction and demolition debris landfills, which are permitted by the North Carolina Division of Waste Management under the provisions and requirements of North Carolina General Statute 13OA-294 ♦ Stormwater point source discharges from like industrial activities deemed by the Division of Water Quality to be similar to these operations in the process, or the discharges, or the exposure of raw materials, intermediate products, by-products, products, or waste products Except upon DWQ determination of similarity as provided immediately above, the following activities and associated discharges are excluded from coverage under this General Permit ♦ Stormwater point source discharges from open dumps, hazardous waste disposal sites, land clearing and inert debris landfills, or discharges of wastes (including discharges of leachate as defined in 15A NCAC 13B 0101(11)) The General Permit shall become effective on November 1, 2012 The General Permit shall expire at midnight on October 31, 2017 Signed this day October 25, 2012 Ot rciinal signedby Matt Matthews for Charles Wakild, P E , Director Division of Water Quality By the Authority of the Environmental Management Commission Pewit No NCG120000 TABLE OF CONTENTS PART I INTRODUCTION Section A General Permit Coverage Section B Permitted Activities PART IIMONITORING, CONTROLS, AND LIMITATIONS FOR PERMITTED DISCHARGES Section A Final Limitations and Controls for Stormwater Discharges Section B Analytical Monitoring Requirements Section C On -Site Vehicle and Equipment Maintenance Monitoring Requirements Section D Qualitative Monitoring and Visual Inspection Requirements PART III STANDARD CONDITIONS FOR NPDES STORMWATER GENERAL PERMITS Section A Compliance and Liability 1 Compliance Schedule 2 Duty to Comply 3 Duty to Mitigate 4 Civil and Criminal Liability 5 Oil and Hazardous Substance Liability 6 Property Rights 7 Severability B Duty to Provide Information 9 Penalties for Tampering 10 Penalties for Falsification of Reports 11 Onshore or Offshore Construction 12 Duty to Reapply Section 11 General Conditions 1 General Permit Expiration 2 Transfers 3 When an Individual Permit May be Required 4 When an Individual Permit May be Requested 5 Signatory Requirements 6 General Permit Modification, Revocation and Reissuance, or Termination 7 Certificate of Coverage Actions 8 Annual Administering and Compliance Monitoring Fee Recluireinents 9 Section C Operation and Maintenance of Pollution Controls 1 Proper Operation and Maintenance 2 Need to Halt or Reduce not a Defense 3 Bypassing of Stormwater Control Facilities Section D Monitoring and Records 1 Representative Sampling 2 Recording Results 3 Flow Measurements 4 Test Procedures 5 Representative Outfall b Records Retention 7 Inspection and Entry Section E Reporting Requirements 1 Discharge Monitoring Reports 2 Submitting Reports 3 Availability of Reports 4 Non Stormwater Discharges 5 Planned Changes b Anticipated Noncompliance 7 Spills 8 Bypass 9 Twenty-four Hour Reporting 10 Other Noncompliance 11 Other Information PART IV DEFINITIONS Permit No NCG120000 m Permit No NCG120000 PART 1 INTRODUCTION SECTION A GENERAL PERMIT COVERAGE All persons desiring to be covered by this General Permit must register with the Division of Water Quality (DWQ) by the filing of a Notice of Intent (NOI) and applicable fees The N01 shall be submitted and a certificate of coverage issued prior to any point source discharge of stormwater associated with industrial activity to the surface waters of the state Any owner or operator not wishing to be covered or limited by this General Permit may make application for an individual NPDES permit in accordance with NPDES procedures in 15A NCAC 2H 0100, stating the reasons supporting the request Any application for an individual permit should be made at least 180 days prior to commencement of discharge This General Permit does not cover activities or discharges covered by an individual NPDES permit until the individual permit has expired or has been revoked Any person conducting an activity covered by an individual permit but which could be covered by this General Permit may request that the individual permit be revoked and coverage under this General Permit be provided If industrial materials and activities are not exposed to precipitation or runoff as described in 40 CFR §122 26(g), the facility may qualify for a No Exposure Exclusion from NPDES stormwater discharge permit requirements Any owner or operator wishing to obtain a No Exposure Exclusion must submit a No Exposure Certification Notice of Intent (NOI) form to the Division must receive approval by the Division, must maintain no exposure conditions unless authorized to discharge under a valid NPDES stormwater permit, and must recertify the No Exposure Exclusion annually Any facility may apply for new or continued coverage under this permit until a Total Maximum Daily load (TMDL) for pollutants for stormwater is established A TMDL sets a pollutant -loading limit that affects a watershed, or portion of a watershed draining to a specific impaired water For discharges to watersheds affected by a TMDL, coverage under this permit may depend on the facility demonstrating it does not have reasonable potential to violate applicable water quality standards for those pollutants as a result of discharges If DWQ determines that discharges have reasonable potential to cause water quality standard violations the facility shall apply for an individual permit 180 days prior to the expiration date of this General Permit Once that individual permit is effective, the facility will no longer have coverage under this General Permit During the period beginning on the effective date of the permit and lasting until expiration, the permittee is authorized to discharge stormwater associated with industrial activity Such discharges shall be controlled, limited, and monitored as specified in this permit Part I Page 1 of 2 Permit No NCG120000 SECTION B PERMITTED ACTIVITIES Until coverage under this permit expires or is modified or revoked the permittee is authorized to discharge stormwater, to the surface waters of North Carolina or to a separate storm sewer system, which has been adequately treated and managed in accordance with the terms and conditions of this General Permit Any other point source discharge to surface waters of the state is prohibited unless it is an allowable non- stormwater discharge or is covered by another permit, authorization, or approval The discharges authorized by this General Permit shall not cause or contribute to violations of Water Quality Standards Where wetlands are located on or nearby landfilling operations, discharges authorized by this permit and site operations must meet applicable wetland standards as recorded in 15A NCAC 2B 0230 and 0231, and water quality certification requirements as outlined in 15A NCAC 2H 0500 This permit does not relieve the permittee from responsibility for compliance with any other applicable federal, state, or local law, rule, standard, ordinance, order judgment or decree Part I Page 2 of 2 0 Permit No NCG120000 PART 11 MONITORING, CONTROLS, AND LIMITATIONS FOR PERMITTED DISCHARGES SECTION A LIMITATIONS AND CONTROLS FOR S'I'ORMWATER DISCHARGES During the period beginning on the effective date of the Certificate of Coverage and lasting until expiration of the General Permit, the permittee is authorized to discharge stormwater Such discharges shall be controlled, limited and monitored as specified below 1 Prior to commencement of land disturbing activities, the permittee shall submit for approval a Sedimentation and Erosion Control Plan (plan) to the Department of Environment and Natural Resources, Division of Energy Mineral, and Land Resources, or an approved local program, pursuant to the requirements of NC G S 113A-541 and in conformity with the rules adopted by the Sedimentation and Erosion Control Commission The permittee shall implement the approved plan The approved plan is a requirement or condition of this General Permit Deviation from the approved plan, or approved amendment to the plan, shall constitute a violation of the terms and conditions of this General Permit A signed copy of the approved plan shall be maintained on the site at all times 3 Prior to constructing or operating a landfill the permittee shall obtain a permit for a sanitary landfill from the N C Department of Environment and Natural Resources, Division of Waste Management, pursuant to the requirements of NC G S 130A 294 and inconformity with the rules adopted in 15A North Carolina Administrative Code Subchapter 13B Section 0500 or Section 1600 The landfill permit is a requirement or condition of this General Permit Deviation from the landfill permit, or approved amendment or revision of the landfill permit, shall constitute a violation of the terms and conditions of this General Permit A signed copy of the landfill permit shall be maintained on the site at all times 4 Secondary Containment Requirements and Records Secondary containment is required for bulk storage of liquid materials ink .iding petroleum products, storage in any amount of Section 313 of Title I[I of the Superfund Amendments and Reauthgrization Act_(SARA) water priority, chemicals, and stg agp in any amount o_f hazardous substancu in order to prevent leaks and spills from contaminating stormwater runoff A table or summary of all such tanks and stored materials and their associated secondary containment areas shall be maintained If the secondary containment devices are connected to stormwater conveyance systems, the connection shall be controlled by manually activated valves or other similar devices, which shall be secured closed with a locking mechanism Any stormwater that accumulates in the containment area shall beat a minimum visually observed for color, foam, outfall staining, visible sheens and dry weather now, prior to release of the accumulated stormwater Accumulated stormwater shall be released if found to be uncontaminated by any material Records documenting the individual making the observation, the description of the accumulated stormwater and the date and time of the release shall be kept for a period of five (5) years For facilities subject to a federal oil Spill Prevention, Control, and Countermeasure Plan facility compliance with any portion of the SPCC plan fully consistent with the requirements of this permit may be used to demonstrate compliance with this permit 5 Equipment utilized during the land disturbing or landfill operational activities on a site shall be operated and maintained in such a manner as to prevent potential or actual pollution of the surface or ground waters of the state Fuels, lubricants, coolants, and hydraulic fluids, other petroleum products, and spent fluids shall be disposed of in a manner so as not to enter the waters, surface or ground, of the state and in accordance with applicable state and federal disposal regulations Any Part II Page 1 of 6 Permit No NCG120000 spilled fluids shall be cleaned up to the extent practicable and disposed of in a manner so as not to allow their entry into the waters surface or ground, of the state SECTION B ANALYTICAL MONITORING REQUIREMENTS Analytical monitoring of stormwater discharges shall be performed as specified in Table 1 All analytical monitoring shall be performed during a measureable storm event at each stormwater discharge outfall (SDO) Only SDOs having stormwater discharges associated with industrial activity must be sampled See Definitions A measurable storm event is a storm event that results in an actual discharge from the permitted site outfall The previous measurable storm event must have been at least 72 hours prior The 72- hour storm interval does not apply if the permittee is able to document that a shorter interval is representative for local storm events during the sampling period, and the permittee obtains approval from the local DWQ Regional Office See Definitions Table 1 Analytical Monrtonng Requirements Discharge Characteristics Units Measurement Frequencyl Sample TypeZ Sample Location3 Chemical Oxygen Demand mg/1 semi-annual Grab SDO Fecal Coliform # per 100 nil semi-annual Grab SDO Total Suspended Solids I mgzl semi annual Grab SDO Total Rainfa114 I inches semi-annual I Rain gauge FQQtnotes 1 Measurement Frequency Twice per year during a measureable storm event 2 Sample collection must begin within the first 30 minutes of discharge and continue to all outfalls until completed 3 Sample Location Samples shall be collected at each stormwater discharge outfall (SDO) unless representative outfall status (ROS) has been granted by DWQ A copy of the DWQ letter granting ROS must be kept on site DWQ s ROS letter remains in effect through the subsequent reissuance of this permit and as long as the pertinent site conditions and operations remain unchanged, unless the ROS letter provides for other conditions or duration 4 For each sampled measureable storm event the total precipitation must be recorded from an on site rain gauge (Where isolated sites are unmanned far extended periods a local rain gauge reading may be substituted for an on site gauge, upon prior DWQ written approval) The permittee shall complete the analytical samplings in accordance with the schedule specified in Table 2 below, unless adverse weather conditions prevent sample collection (see Definitions) Inability to sample because of adverse weather conditions must be recorded on the Discharge Monitoring Report, along with a description of the adverse conditions and their duration Sampling is not required outside of the facility's normal operating hours A minimum of 60 days must separate Period 1 and Period 2 sample dates unless monthly monitoring has been instituted via other requirements of this permit The permittee must report the results of every discharge sample taken within the monitoring period (see Part ill, Section E) Failure to monitor semi-annually per permit terms may result in the Division requiring monthly monitoring for all parameters for a specified time period No discharge" from an outfall or inability to collect a sample because of adverse weather conditions during a monitoring period, for example does not constitute failure to monitor, as long as it is properly reported Part I1 Page 2 of 6 Permit No NCG120000 Table 2 Monitoring Schedule Monitoring Period' z Sample Number Start End Year 1- Period 1 1 January 1, 2013 June 30 2013 Year 1- Period 2 2 July 1 2013 December 31, 2013 Year 2 - Period 1 3 January 1, 2014 June 30, 2014 Year 2 - Period 2 4 July 1, 2014 December 31, 2014 Year 3 - Period 1 5 January 1 2015 June 30 2015 Year 3 - Period 2 6 July 1, 2015 December 31, 2015 Year 4 - Period 1 7 January 1 2016 June 30, 2016 Year 4 - Period 2 8 July 1, 2016 December 31, 2016 Year 5 - Period 1 9 January 1, 2017 June 30, 2017 Year 5 - Period 2 10 July 1, 2017 October 31 2017 Footnotes 1 Maintain semi-annual monitoring during permit renewal process [unless monthly monitoring has been triggered via other permit requirements ] 2 if no discharge Occurs during the sampling period the permittee must submit a monitoring report indicating No Flow within 30 days of the end of the sampling period The permittee shall compare monitoring results to the benchmark values in Table 3 The benchmark values are not permit limits but should be used as guidelines for the permittee's response actions to control the discharge of pollutants in site stormwater Exceedances of benchmark values require the permittee to increase monitoring, increase management actions, increase record keeping, and/or install stormwater Best Management Practices [BMPs) in a tiered program Table 3 Benchmark Values for Analytical Monitoring Requirements Discharge Characteristics Benchmark Value Chemical Oxygen Demand 120 m Fecal Coliform 1000 colonies per 100 ml Total Suspended Solids (TSS) 100 m8ZI TSS CORW HQW, Trout, and PNA waters 1 50 rn L Each separate parameter benchmark exceedance triggers a separate tiered response for that parameter at that outfall Seethe descriptions of Tier One, Tier Two, and Tier Three response actions below In the event that DWQ releases the permittee from continued monthly monitoring under Tier Three, DWQ s release letter remains in effect through the subsequent reissuance of this permit, unless the release letter provides for other conditions or duration Part 11 Page 3 of 6 Permit No NCG120000 Tier One If The first valid sampling results are above a benchmark value, or outside the benchmark range, for any parameter at any outfall, Then The permittee shall 1 Conduct a stormwater management inspection of the facility within two weeks of receiving sampling results 2 Identify and evaluate possible causes of the benchmark value exceedence 3 Identify the potential and select the specific source controls, operational controls, or physical improvements to reduce concentrations of the parameters of concern 4 Implement the selected actions within two months of the inspection 5 Maintain an on -site record of each instance of a Tier One response Include the date and value of the benchmark exceedence, the inspection date, the personnel conducting the inspection, the selected actions, and the date the selected actions were implemented Tier Two If During the term of this permit the sampling results are above the benchmark values, or outside the benchmark ranee, for any specific parameter at a specific discharge outfall two times in a row, Then The permittee shall 1 Repeat all the required actions outlined above in Tier One 2 Immediately institute monthly monitoring for all parameters Conduct monthly monitoring at every outfall where a sampling result exceeded the benchmark value for two consecutive samples Monthly (analytical and qualitative) monitoring shall continue until three consecutive sample results are below the benchmark values, or within the benchmark range 3 Submit a monthly monitoring report indicating No Flow' if no discharge occurs during the sampling period 4 Maintain a record of the Tier Two response and monitoring results on site Tier Three During the term of this permit, if the valid sampling results required for the permit monitoring periods exceed the benchmark value for any specific parameter at any specific outfall on four occasions, the permittee shall notify the DWQ Regional Office Surface Water Supervisor in writing within 30 days of receipt of the fourth analytical results DWQ may but is not limited to • require that the permittee revise, increase, or decrease the monitoring frequency for some or all parameters, • rescind coverage under the General Permit, and require that the permittee apply for an individual stormwater discharge permit, • require the permittee to install structural stormwater controls • require the permittee to implement other stormwater control measures, • require the permittee to perform upstream and downstream monitoring to characterize impacts on receiving waters Part II Page 4 of 6 Permit No NCG120000 SECTION C ON -SITE VEHICLE AND EQUIPMENTMAINTENANCE MONITORING REQUIREMENTS Facilities which have any vehicle or equipment maintenance activity occurring on -site which in aggregate uses more than 55 gallons of new motor oil and hydraulic oil per month when averaged over the calendar year shall perform analytical monitoring as specified below in Table 4 All analytical monitoring shall be performed during a measureable storm event at all SDOs which discharge stormwater runoff from the vehicle maintenance areas, in accordance with the schedule presented in Table 2 (Section B ) Table 4 Analytical Mom oring Require ents for On -Site Vehicle Maintenance Discharge Characteristics Units Measurement Fre uenc 1 Sample T e2 Sample Location3 1i standard semi-annual Grab SDO Non -Polar Oil & Grease/TPH EPA Method 1664(SGT-HEMJI mg/I semi-annual Grab SDO Total Suspended Solids Mg/1 senu-annual Grab SDO Total RamfallQ inches semi-annual Rain gauge New Motor Oil Usage al month semi-annual Estimate Footnotes 1 Me-isurement Frequency Twice per year during a measureable storm event Z Sample collection must begin within the first 30 minutes of discharge and continue to all outfalls until completed 3 Sample Location Samples shall be collected at each SDO receiving runoff from vehicle and equipment maintenance areas unless representative outfall status (ROS) has been granted by DWQ A copy of the DWQ letter granting ROS must be kept on site DWQ s ROS letter remains in effect through the subsequent reissuance of this permit and as long as the pertinent site conditions and operations remain unchanged unless the ROS letter providi.s for other conditions or duration 4 For each sampled measureable storm event the total precipitation must be recorded from an on site rain gauge (Where isolated sites are unmanned for extended periods a local rain gauge reading may be substituted for an on site gauge upon prior DWQ written approval) Monitoring results shall be compared to the benchmark values in Table S Exceedences of benchmark values require the permittee to increase monitoring, increase management actions, increase record keeping, and/or install stormwater Best Management Practices (BMPs) in accordance with the tiered response provisions of Part 11, Section B Table 5 Benchmark Values for On -Site Vehicle and Equipment Maintenance Activities Discharge Characteristics Benchmark Value H Within the range 6 0- 9 01 Non -Polar Oil & Grease/TPH EPA Method 1664 SGT-HEM 15 Mg/1 Total Suspended Solids TSS 100 MEZI LTSiS0RW HQW, Trout, and PNA waters 50 m L Footnote 1 If pH values outside this range are recorded in sampled stormwater discharges but ambient precipitation pH levels are lower, then the lower threshold of this benchmark range is the pH of the precipitation (within instrument accuracy) instead of 6 S U Readings from an on site rain gauge must be documented to demonstrate that background concentrations were below the benchmark pH range of 6 9 Part I1 Page 5 of 6 Permit No NCG120000 Failure to monitor semi annually per permit terms may result in the Division requiring monthly monitoring for a specified time period "No discharge from an outfall or inability to collect a sample because of adverse weather conditions during a monitoring period, for example, does not constitute failure to monitor, as long as it is properly reported SECTION D QUALITATIVE MONITORING AND VISUAL INSPECTION REQUIREMENTS Qualitative monitoring shall be performed twice per year and concurrent with the analytical monitoring requirements in Part 11 Sections B and C for the characteristics listed in Table 6 Qualitative monitoring is for the purpose of quickly evaluating the effectiveness of the stormwater controls No analytical tests are required The permittee shall maintain a written record of the qualitative monitoring events on site Table 6 Qualitative Monitoriniz Reumrements Discharge Characteristics Monitoring Locationl Color SDO Odor SDO Clarity SDO Floating Solids SDO Suspended Solids SDO Foam SDO Oil Sheen SDO Erosion or deposition at the outfall SDO Other obvious indicators of stormwater pollution SDO Footnote 1 Qualitative monitoring shall be performed at each stormwater discharge outfall (SDO) regardless of representative outfall status (ROS) unless ROS has been granted specifically for qualitative monitoring A copy of DWQ s letter granting ROS must be kept on site DWQ s ROS letter remains in effect through the subsequent reissuance of this permit and as long as the pertinent site conditions and operations remain unchanged, unless the ROS letter provides for other conditions or duration Visual inspections shall be conducted to ensure that all stormwater controls, including all sedimentation and erosion controls, are intact, in good repair, fully functional, and are otherwise being properly implemented Inspections shall be conducted at least once every seven calendar days, and within 24 hours after any storm event of greater than 0 5 inches of rain per 24 hour period The permittee shall maintain a written record of each visual inspection on site In the event an atypical condition is noted ata stormwater discharge outfall, the permittee shall maintain on - site records of both the suspected cause of the condition and the corrective actions taken If the permittee s qualitative monitoring or visual inspections indicate that existing stormwater controls are ineffective, or that significant stormwater contamination is recurring condition the permittee shall investigate potential causes, evaluate the feasibility of corrective actions, and implement feasible corrective actions within 60 days A written record of the permittee's investigation evaluation, and response actions shall be kept on site Records related to qualitative monitoring and visual inspections need only be submitted to DWQ upon the Division's specific request for those records Part II Page 6 of 6 Permit No NCG120000 PART III STANDARD CONDITIONS FOR NPDES STORMWATER GENERAL PERMITS SECTION A COMPLIANCE AND LIA131LITY 1 Comnhance Schedule The permittee shall comply with Limitations and Controls specified for stormwater discharges in accordance with the following schedule Existing facilities already operating but applying for coverage under this general permit for the first time Secondary containment as specified in Part 11 Section A Paragraph 4 of this permit shall be accomplished within 12 months of the effective date of the initial Certificate of Coverage All other requirements conditions limitations, and controls contained in this permit become effective immediately upon issuance of the Certificate of Coverage New facilities applying for permit coverage for the first time and existing facilities previously permitted and applying for renewal under this general permit All requirements conditions limitations, and controls contained in this permit become effective immediately upon issuance of the Certificate of Coverage 2 Duty to Comply The permittee must comply with all conditions of this general permit Any permit noncompliance constitutes a violation of the Clean Water Act (CWA) and is grounds for enforcement action, for permit termination revocation and reissuance, or modification or denial of a permit upon renewal application [40 CFR 122 41] a The permittee shall comply with standards or prohibitions established under section 307(a) of the CWA for toxic pollutants within the time provided in the regulations that establish these standards or prohibitions, even if the general 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 evil penalty not to exceed $37 500 per day for each violation [33 USC 1319(d) and 40 CFR 122 41(a)(2)] 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 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)1 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 Part 1I1 Page 1 of 9 Permit No NCG120000 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)(8)(m) of the CWA shall, upon conviction of violating the imminent danger provision be subject to a fine of not more than $1000 000 and can be fined up to $2 000 000 for second or subsequent convictions [40 CFR 122 41(a)(21] f Under state law a civil penalty of not more than $2S 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] 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 11 penalty not to exceed $177 500 [33 USC 1319(g)(2) and 40 CFR 122 41(a)(3)] 3 Duly to Mitigate The permittee shall take all reasonable steps to minimize or prevent any discharge in violation of this general permit which has a reasonable likelihood of adversely affecting human health or the environment [40 CFR 122 41(d)] 4 Civil and Criminal Liability Except as provided in Part III Section C of this general permit regarding bypassing of stormwater control facilities 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 21S 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 5 Oil and hazardous Substance Liability Nothing in this general 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 USC 1321 6 Property Rights The issuance of this general 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)] 7 Severability The provisions of this general permit are severable and if any provision of this general permit or the application of any provision of this general permit to any circumstances is held invalid the application of such provision to other circumstanceq and the remainder of this general permit shall not be affected thereby [NCGS 150B 23] S Day 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 the general permit issued pursuant to this general permit or to determine compliance with this general permit The permittee shall also furnish to the Permit Issuing Authority upon request copies of records required to be kept by this general permit [40 CFR 122 41(h)] Part III Page 2 of 9 Permit No NCG120000 Penalties for Tampering The Clean Water Act provides that any person who falsifies tampers with, or knowingly renders inaccurate any monitoring device or method required to be maintained under this general 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] 10 Penaligg for Falsification of Reports The Clean Water Act 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 tinder this general permit including monitoring reports or reports of compliance or noncompliance 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 [40 CFR 122 41] 11 Onshore or Offshore Construction This general 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 12 Duty to Reapply Dischargers covered by this general permit need not submit a new Notice, of Intent (NOl) or renewal request unless so directed by the Division If the Division chooses not to renew this general permit the permittee will be notified to submit an application for an individual permit [15A NCAC 02H 0127(e)] SECTION B GENERAL CONDITIONS General Permit Expiration General permits will be effective for a term not to exceed five years at the end of which the Division may renew them after all public notice requirements have been satisfied If a general permit is renewed existing permittees do not need to submit a renewal request or pay a renewal fee unless directed by the Division New applicants seeking coverage under a renewed general permit must submit a Notice of Intent to be covered and obtain a Certificate of Coverage under the renewed general permit [15A NCAC 02H 0127(e)] Tranafeis The certificate of cover age issued pursuant to this general 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 Certificate of Coverage 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(l)(3) 122 61] or state statute The Permittee is required to notify the Division in writing in the event the permitted facility is sold or closed When an Individual Permit Mav be Required The Director may require any owner/operator authorized to discharge under a certificate of coverage issued pursuant to this general permit to apply for and obtain an individual permit or an alternative general permit Any interested person may petition the Director to take action under this paragraph Cases where an individual permit may be required include but are not limited to the following The discharger is a significant contributor of pollutants Conditions at the permitted site change altering the constituents and/or characteristics of the discharge such that the discharge no longer qualifies for a general permit the discharge violates the terms or conditions of this general permit Part III Page 3 of 9 Permit No NC6120000 A change has occurred in the availability of demonstrated technology or practices for the control or abatement of pollutants applicable to the point source Effluent limitations are promulgated for the point sources covered by this general permit A water quality management plan containing requirements applicable to such point sources is approved after the issuance of this general permit, The erector determines at his or her own discretion that an individual permit is required 4 When an Individual Permit May be Requested Any permittee operating under this general permit may request to be excluded from the coverage of this general permit by applying for an individual permit When an individual permit is issued to an owner/operator the applicability of this general permit is automatically terminated on the effective date of the individual permit S Signatory Requirements All applications reports or information submitted to the Permitting Issuing Authority shall be signed and certified (40 CFR 122 41(k)] All Notices of Intent to be covered under this general permit 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 122 221 b All reports required by the general 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 in 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) Part III Page 4 of 9 Permit No NCG120000 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 STATEMFNTS OP CERTIFICATION WILL BE ACCEPTED "Y certify under penalty of law that this document and all attachments were prepared under my direction orsupervision in accordance with a system designed to assure that qualified personnel properlygother and evaluate the information submitted Based on my inquiry of the person or persons who manage the system or those persons directly responsible forgathering 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 far knowing violations 6 General Permit Modification. Revocation and Reissuance. or Termination The issuance of this general permit does not prohibit the Permit Issuing Authority from reopening and modifying the general permit, revoking and reissuing the general permit or terminating the general 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 21S 1 et al After public notice and opportunity for a hearing the general permit may be terminated for cause The filing of a request for a general permit modification revocation and reissuance or termination does not stay any general permit condition The Certificate of Coverage shall expire when the general permit is terminated Certificate -of Coverage Actions The general permit may be modified revoked and reissued, or terminated for cause The notification of planned changes or anticipated noncompliance does not stay any general permit condition [40 CFR 122 41(f)] Annual _Administer ing and Compliance Monitoring Fee Requirements The permittee must pay the administering and compliance monitoring fee within 30 (thirty) days after being billed by the Division Failure to pay the fee in timely manner in accordance with 15A NCAC 2H 0105(b)(2) may cause this Division to initiate action to revoke coverage under the general permit SECTION C OPERATION AND MAINTENANCE OF POLLUTION CONTROLS Proper Operalmn-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 operation of back-up or auxiliary facilities or similar systems which are installed by a permittee only when the operation is necessary to achieve compliance with the conditions of this permit [40 CFR 122 41(e)] 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 general permit [40 CFR 122 41(c)] Bypassing assing of Stormwater Control Facilities Bypass is prohibited and the Director 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 and b There were no feasible alternatives to the bypass such as the use of auxiliary control facilities retention of stormwater or maintenance during normal periods of equipment downtime or dry weather This condition is not satisfied if adequate backup controls 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 Part III Page 5 of 9 Permit No NCG120000 c The permittee submitted notices as required under Part III Section E of this general permit If the Director determines that it will meet the three conditions listed above the Director may approve an anticipated bypass after considering its adverse effects SECTION D MONITORING AND RECORDS Representative Sampling Samples collected and measurements taken as required herein shall be characteristic of the volume and nature of the permitted discharge Analytical sampling shall be performed during a measureable storm event Samples shall be taken on a day and time that is characteristic of the discharge All samples shall be taken before the discharge loins or is diluted by any other waste stream body of water or substance Monitoring points as specified in this general permit shall not be changed without notification to and approval of the Permit Issuing Authority [40 CFR 122 410)] Recording Results For each measurement or sample taken pursuant to the requirements of this general 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 oFsuch analyses Flow Measurements Where required, 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 4 Test Piocedure 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 Federal Water Pollution Control Act, as Amended and Regulation 40 CFR 136 To meet the intent of the monitoring required by this general permit all test procedures must produce minimum detection and reporting levels 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 general permit discharge requirements then the most sensitive (method with the lowest possible detection and reporting level) approved method must be used Representative Outfall If a facility has multiple discharge locations with substantially identical stormwater discharges that are required to be sampled the permittee may petition the Director for representative outfall status If it is established that the stormwater discharges are substantially identical and the permittee is granted representative outfall status, then sampling requirements may be performed at a reduced number of outfalls 6 Records Retention Part III Page 6 of 9 Permit No NCG120000 Qualitative monitoring shall be documented and records maintained at the facility Copies of analytical monitoring results shall also be maintained on site 'fhe permttee shall retain records of all monitoring information including o all calibration and maintenance records o all original strip chart recordings for continuous monitoring instrumentation o copies of all reports required by this general permit o copies of all data used to complete the Notice of Intent to be covered by this general permit These records or copies shall be maintained for a period of at least 5 years from the date ofthe sample measurement report or Notice of Intent application This period may be extended by request of the Director at any time [40 CFR 122 41] if this volume of records cannot be maintained on site the documents must be made available to an inspector upon request as immediately as possible Inspection and Entry The permrttee shall allow the Director or an authorized representative (including an authorized contractor acting as a representative of the Director) or an the case of a facility which discharges through a municipal separate storm sewer system an authorized representative of a municipal operator or the separate storm sewer system receiving the discharge, upon the presentation of credentials and other documents as may be required bylaw to a Fnter upon the permrttee s premises where a regulated facility or activity as located or conducted or where records must be kept under the conditions of this general permit, b Have access to and copy at reasonable tames any records that must be kept under the conditions of than general permit c Inspect at reasonable tames any facilities equipment (including monitoring and control equipment), practices or operations regulated or required under this general permit and d Sample or monitor at reasonable times for the purposes of assuring permit compliance or as otherwise authorized by the Clean Water Act any substances or parameters at any location [40 CFR 122 41(1)] SECTION E REPORTING REQUIREMENTS 1 Drscharg, Monitoring Reports Samples analyzed an accordance with the terms of this general permit shall be submitted to the Division on Discharge Monitoring Report (DMR) forms provided by the Director DMR forms are available on the Division s websate http://i2orW.nLdeni.org/web/`wg/ws/su/nDdess Submittals shall be delivered to the Division no later than 30 days from the date the facility receives the sampling results from the laboratory When no discharge has occurred from the facility during the report period the permttee as required to submit a discharge monitoring report within 30 days of the end of the specified sampling period giving all required information and indicating NO FLOW as per NCAC T1SA 02B 0506 If the permrttee monitors any pollutant more frequently than required by this general permit using test procedures approved under 40 CFR Part 136 and at a sampling location specified in this general permit or other appropriate instrument governing the discharge the results of such monitoring shall be included an the data submitted on the DMR The permrttee shall record the required qualitative monitoring observations on the SDO Qualitative Monitoring Report form provided by the Division and shall retain the completed forms on site Qualitative monitoring results should not be submitted to the Division except upon DWQ's specific requirement to do so Qualitative Monitoring Report forms are available at the websate above Part Ill Page 7 of 9 Submitting -Reports Two signed copies of Discharge Monitai ing Reports (DMRs) shall be submitted to Central Files Division of Water Quality 1617 Mail Service Center Raleigh North Carolina 27699 1617 3 Availability of ReDarts Permit No NCG120000 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 analytical 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 6B or in Section 309 of the Federal Act 4 Non_Stormwater Discharges Ifthe storm event monitored in accordance with this general permit coincides with a non-stormwater discharge, the permittee shall separately monitor all parameters as required under all other applicable discharge permits and provide this information with the stormwater discharge monitoring report 5 Planned C� hanges The permittee shall give notice to the Director as soon as possible of any planned changes at the permitted facility which could significantly alter the nature or quantity of pollutants discharged [40 CFR 122 41(I)1 This notification requirement includes pollutants which are not specifically listed in the general permit or subject to notification requirements under 40 CFR Part 122 42 (a) 6 Anticipte _Noncompliance The permittee shall give advance notice to the Director of any planned changes at the permitted facility which may result in noncompliance with the general permit [40 CFR 122 41(1)(2)] 7 SIL, U The permittee shall report to the local DWQ Regional Office within 24 hours all significant spills as defined in Part IV of this general permit Additionally the permittee shall report spills including any oil spill of 25 gallons or more any spill regardless of amount that causes a sheen on surface waters any oil spill regardless of amount occurring within 100 feet of surface waters and any oil spill less than 25 gallons that cannot be cleaned up within 24 hours 8 Bypass Notice [40 CFR 122 41(m)(3)] a 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 affect of the bypass b Unanticipated bypass The permittee shall submit notice within 24 hours of becoming aware of an unanticipated bypass Twenty r Vr_RepoMng a The permittee shall report to the central office or the appropriate regional office any noncompliance which may endanger 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 S days of the time the permittee becomes aware of the circumstances Part III Page 8 of 9 Permit No NCG120000 The written submission shall contain a description of the noncompliance and its causes, the period of noncompliance including exact dates and times and if the noncompliance has not been corrected the anticipated time compliance is expected to continue, and steps taken or planned to reduce eliminate, and prevent reoccurrence of the noncompliance [40 CFR 122 41(I)(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 10 Other Noncompliance The permittee shall report all instances of noncompliance not reported under 24 hour reporting at the time monitoring reports are submitted [40 CFR 122 41(1)(7)] 11 Other Information Where the Permittee becomes aware that it failed to submit any relevant facts in a Notice of Intentto be covered under this general permit, or submitted incorrect information in that Notice of Intent application or in any report to the Director it shall promptly submit such facts or information [40 CFR 122 41(l)(8)] Part III Page 9 of 9 PART IV DEFINITIONS Act See Clean Water Act Permit No NCG120000 Adverse Weather Adverse conditions are those that are dangerous or create maccessibility for personnel such as local flooding high winds or electrical storms or situations that otherwise make sampling impractical When adverse weather conditions prevent the collection of samples during the sample period the permittee must take a substitute sample or perform a visual assessment during the next qualifying storm event Documentation of an adverse event (with date, time and written narrative) and the rationale must be included with your records Adverse weather does not exempt the permittee from having to file a monitoring report in accordance with the sampling schedule Adverse events and failures to monitor must also be explained and reported on the relevant DM Allowable Non Stormwater Discharges This general permit regulates stormwater discharges Nan-stormwater discharges which shall be allowed in the stormwater conveyance system are a All other discharges that are authorized by a non stormwater NPDES permit b Uncontaminated groundwater foundation drams, air conditioner condensate without added chemicals, springs discharges of uncontaminated potable water waterline and fire hydrant tlushmgs water from footing drains irrigation waters flows from riparian habitats and wetlands c Discharges resulting from Fire -fighting or fire fighting training or emergency shower or eye wash as a result of use in the event of an emergency 4 Best Management Practices fBMPs Measures or practices used to reduce the amount of pollution entering surface waters BMPs may take the form of a process activity, or physical structure More information on BMPs can be found at httn.//cf//cfpubepa,gov/npdcs/stocmwatfr/menu,ojlmps indexcfm 5 BvDass A bypass is the known diversion of stormwater from any portion of a stormwater control facility including the collection system which is not a designed or established operating mode for the facility 6 Bulk Storage of Liquid Products Liquid raw materials manufactured products, waste materials or by-products with a single above ground storage container having a capacity of greater than 660 gallons or with multiple above ground storage containers located in close proximity to each other having a total combined storage cap-icity of greater than 1 320 gallons 7 Certificate of Coverage The Certificate of Coverage (COC) is the cover sheet which accompanies a general permit upon issuance and lists the facility name location, receiving stream river basin effective date of coverage under the general permit and is signed by the Director 8 Clean Water Act The Federal Water Pollution Control Act also known as the Clean Water Act (CWA) as amended 33 USC 1251 et seq 9 Division or DWO The Division of Water Quality, Department of Environment and Natural Resources 10 Director The Director of the Division of Water Quality the permit issuing authority 11 EMC The North Carolina Environmental Management Commission Part IV Page 1 of 4 Permit No NCG120000 12 Gra am l An individual sample collected instantaneously Grab samples that will be analyzed (quantitatively or qualitatively) must betaken within the first 30 minutes of discharge 1 i Hazardous Substance Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the Clean Water Act 14 Land011 A disposal facility or part of a disposal facility where waste is placed in or on land and which is not a land treatment facility, a surface impoundment an injection well a hazardous waste long term storage facility or a sup face storage facility 15 Mea5ureable Storm Event A storm event that results in an actual discharge from the permitted site outfall The previous measurable storm event must have been at least 72 hours prior The 72 hour storm interval may not apply if the permuttee is able to document that a shorter interval is representative for local storm events during the sampling period, and obtains approval from the focal DWQ Regional Office Two copies of this information and a written request letter shall be sent to the local DWQ Regional Office After authorization by the DWQ Regional Office a written approval letter must be kept on site 16 Municipal Separate Storm Sewer System (M54) A stormwater collection system within an incorporated area of local self government such as a city or town 17 No Exposure A condition of no exposure means that all industrial materials and activities are protected by a storm resistant shelter or acceptable storage containers to prevent exposure to rain snow snowmelt or runoff Industrial materials or activities include but are not limited to material handling equipment or activities industrial machinery raw materials intermediate products by-products final products or waste products DWQ may grant a No Exposure Exclusion from NPDES stormwater permitting requirements only if a facility complies with the terms and conditions described in 40 Ci+R §122 26(g) 18 Notice ten The state application form which when submitted to the Division officially indicates the facility s notice of intent to seek coverage under a general permit 19 Permit lssuwaAuthority The Director of the Division of Water Quality (see Director above) 20 Permittee The owner or operator issued a Lei tific.att, of Covr-ragL pursuant to this general permit 21 Point SourCe Di Any discernible confined and discrete conveyance including but not specifically limited to any pipe ditch, channel tunnel conduit well or discrete fissure from which stormwater is or may be discharged to waters of the state 22 Representative-utfall Status When it is established that the discharge of stormwater runoff from a single outfall is representative of the discharges at multiple outfalls the DWQ may grant representative outfall status Representative outfall status allows the permittee to perform analytical monitoring at a reduced number of outfalls 23 Secondary Containment Spill containment for the contents of the single largest tank within the containment structure plus sufficient freeboard to allow for the 25 year 24 hour storm event Part IV Page 2 of 4 ij Permit No NCG120000 24 Section 313 Water Priority Chemical A chemical or chemical category which b Is listed in 40 CFR 372 6S pursuant to Section 313 of Title III of the Superfund Amendments and Reauthorization Act (SARA) of 1986 also titled the Emergency Planning and Community Right to Know Act of 19B6 c Is present at or above threshold levels at a facility subject to SARA title III Section 313 reporting requirements, and d Meets at least one of the following criteria i Is listed in appendix D of 40 CFR part 122 on Table 11 (organic priority pollutants) Table HI (certain metals cyanides and phenols) or Table IV (certain tGX1C pollutants and hazardous substances), u Is listed as a hazardous substance pursuant to section 311(b)(2)(A) of the CWA at 40 CFR 116 4 or in Is a pollutant for which EPA has published acute or chronic water quality criteria 2S kygrrg Property Damage Substantial physical damage to property damage to the control 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 does not mean economic loss caused by delays in production 26 Signifiont Material Includes but is not limited to raw materials fuels materials such as solvents detergents, and plastic pellets finished materials such as metallic products raw materials used in food processing or production hazardous substances designated under section 101(14) of CERCLA any chemical the facility is required to report pursuant to section 313 of Title III of SARA fertilizers, pesticides and waste products such as ashes slag and sludge that have the potenti-il to be released with stormwater discharges 27 Significant Spills Includes but is not limited to releases of oil or hazardous substances in excess of reportable quantities under section 311 of the Clean Water Act (Ref 40 CFR 110 Sand 40 CFR 117 3) or section 102 of CERCLA (Ref 40 CFR 302 4) 28 Stormwater Discharge Dutfall (,SDO) The point of departure of stormwater from a discernible confined or discrete conveyance including but not limited to storm sewer pipes, drainage ditches channels spillways or channelized collection areas, from which stormwater flows directly or indirectly into waters of the State of North Carolina 29 Stormwater Runoff The flow of water which results from precipitation and which occurs immediately following rainfall or as a result of snowmelt 30 Stormwater A ciat d with Indu trial The discharge from any point source which is used for collecting and conveying Stormwater and which is directly related to manufacturing processing or raw material storage areas at an industrial site Facilities considered to be engaged in industrial activities include those activities defined in 40 CFR 122 26(b)(14) The term does not include discharges from facilities or activities excluded from the NPDES program 31 Stormwater Pollution Prevention 1'kn (SPPPI A comprehensive site specific plan which details measures and practices to reduce stormwater pollution and is based on an evaluation of the pollution potential of the site 32 Total Maximum Daily Load (TMDL) TMDLs are written plans for attaining and maintaining water quality standards in all seasons for a specific water body and pollutant A list of approved TMDLs for the state of North Carolina can be found at hitp.1/go.rtal.ncdenr.org/web/wil/gs/gitUilWdi Part IV Page 3 of 4 Permit No NCG120000 33 Toxic Pollutant Any pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act 34 Vehicle Maintenance Activity Vehicle rehabilitation, mechanical repairs painting fueling lubrication vehicle cleaning operations, or airport deicing operations 3S Visible Sedimentation Solid particulate matter both mineral and organic that has been or is being transported by water air gravity or ice from its site of origin which can be seen with the unaided eye 36 25 year, 24 hour Storm Event The maximum 24 hour precipitation event expected to be equaled or exceeded on the average once in 25 years Part IV Page 4 of 4 NCDENR Ww . C 0_ uA 7�lW EM of f ti0404MU I .4MJ NAIUtiI I L.LI M U Division of Water Quality 1 Surface Water Protection National Pollutant Discharge Elimination System REPRESENTATIVE OU FFALL STATUS (ROS) REQUEST FORM FOR AGENCY U"E ON[ Y Date Received Year Moh 1]av if a facility is required to sample multiple discharge locations with very similar stormwater discharges, the permrttee may petition the Director for Representative 0utfall Status (ROS) DWQ may grant Representative Outfall Status if stormwater discharges from a single outfall are representative of discharges from multiple outfalls Approved ROS will reduce the number of outfalls where analytical sampling requirements apply if Representative Outfall Status is granted, ALL outfalls are still subject to the qualitative monitoring requirements of the facility's permit —unless otherwise allowed by the permit (such as NCGO20000) and DWQ approval The approval letter from DWQ must be kept on site with the focrhty's Stormwater Pollution Prevention Plan The facility must notify DWQ in writing if any changes affect representative status For questions, please contact the DWQ Regional Office for your area (seepage 3) (Please print or type) 1) Enter the permit number to which this ROS request applies Individual Permit (or) Certificate of Coverage N C S I I I I N C G 2) Facility Information Owner/Facility Name Facility Contact Street Address City County Telephone No State E mail Address Fax ZIP Code 3) List the representative outfalls) information (attach additional sheets if necessary) Outfall(s) is representative of Outfall(s) Outfalls' drainage areas have the same or similar activities? ❑ Yes ❑ No Outfalls' drainage areas contain the same or similar materials? ❑ Yes ❑ No Outfalls have similar monitoring results? ❑ Yes ❑ No ❑ No data* Outfall(s) is representative of Outfall(s) Outfalls' drainage areas have the same or similar activities? ❑ Yes ❑ No Outfalls' drainage areas contain the same or similar materials? ❑ Yes ❑ No Outfalls have similar monitoring results? ❑ Yes ❑ No ❑ No data* Outfall(s) is representative of Outfall(s) Outfalls' drainage areas have the same or similar activities? ❑ Yes ❑ No Outfalls' drainage areas contain the same or similar materials? ❑ Yes ❑ No Outfalls have similar monitoring results? ❑ Yes ❑ No ❑ No data* *Non-compliance with analytical monitoring prior to this request may prevent ROS approval Specific circumstances will be considered by the Regional Office responsible for review Page 1 of 3 SW U ROS 2009 Last revised 12/30/2009 _r Representative Outfall Status Request 4) Detailed explanation about why the outfalls above should be granted Representative Status (Or, attach a letter or narrative to discuss this information ) For example, describe how activities and/or materials are similar 5) Certification North Carolina General Statute 143-215 6 B(i) provides that Any person who knowingly makes any false statement, representation, or certification in any application, record, report plan or other document filed or required to be maintained under this Article or a rule implementing this Article, or who knowingly makes a false statement of a material fact in a rulemaking proceeding or contested case under this Article or who falsifies, tampers with, or knowingly renders inaccurate any recording or monitoring device or method required to be operated or maintained under this Article or rules of the [Environmental Management] Commission implementing this Article shall be guilty of a Class 2 misdemeanor which may include a fine not to exceed ten thousand dollars ($10,000) I hereby request Representative Outfall Status for my NPDES Permit I understand that ALL outfalls are still subject to the qualitative monitoring requirements of the permit, unless otherwise allowed by the permit and regional office approval I must notify DWQ in writing if any changes to the facility or its operations take place after ROS is granted that may affect this status If ROS no longer applies, I understand I must resume monitoring of all outfalls as specified in my NPDES permit I certify that I am familiar with the information contained in this application and that to the best of my knowledge and belief such information is true, complete, and accurate Printed Name of Person Signing Title (Signature of Applicant) (Date Signed) Please note This application for Representative Outfall Status is subject to approval by the NCDENR Regional Office The Regional Office may inspect your facility for compliance with the conditions of the permit prior to that approval Final Checklist for ROS Request This application should include the following items ❑ This completed form ❑ Letter or narrative elaborating on the reasons why specified outfalls should be granted representative status, unless all information can be included in Question 4 a Two (2) copies of a site map of the facility with the location of all outfalls clearly marked, including the drainage areas, industrial activities, and raw materials/finished products within each drainage area ❑ Summary of results from monitoring conducted at the outfalls listed in Question 3 ❑ Any other supporting documentation Page 2 of 3 SWU ROS 2009 Last revised t2/3012009 Representative Oulfall Status Request Mail the entire package to NC DENR Division of Water Quality Surface Water Protection Section at the appropriate Regional Office (See reap and addresses below) Notes The submission of this document does not guarantee Representative OutfalI Status (ROS) will be granted as requested Analytical monitoring as per your current permit must be continued, at all outfalls, until written approval of this request is granted by DWQ Non-compliance with analytical monitoring prior to this request may prevent ROS approval Specific circumstances will be considered by the Regional Office responsible for review For questions, please contact the DWQ Regional Office for your area Asheville Regional Office 2090 US Highway 70 Swannanoa, NC 28778 Washington Regional Office 943 Washington Square Mall Phone (828) 296 4500 Washington, NC 27889 FAX (828) 299-7043 Phone (252) 946-6481 Fayetteville Regional Office FAX (252) 975-3716 Systel Building, 225 Green St , Suite 714 Wilmington Regional Office Fayetteville, NC 28301-5094 127 Cardinal Drive Extension Wilmington, NC 28405 Phone (910) 433-3300 FAX 910/ 486-0707 Phone (910) 796-7215 FAX (910) 350-2004 Mooresville Regional Office 610 East Center Ave Winston-Salem Regional Office Mooresville, NC 28115 585 Waughtown Street Winston Salem, NC 27107 Phone (704) 663-1699 Phone (336) 771 5000 FAX (704) 663-6040 Water Quality Main FAX (336) 771-4630 Raleigh Regional Office Central Office 1628 Mail Service Center 1617 Mail Service Center Raleigh, NC 27699 1628 Raleigh, NC 27699-1617 Phone (919) 791-4200 Phone (919) 807-6300 FAX (919) 571-4718 FAX (919) 807 6494 Page 3 of 3 SWU ROS 2009 Last revised 12/30/2009 Permit No NCG120000 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY GENERAL PERMIT NO, NCG120000 TO DISCHARGE STORMWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM for Landfills 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, this permit is hereby issued to all owners or operators, hereinafter permittees, which are covered by this permit as evidenced by receipt of a Certificate of Coverage by the Environmental Management Commission to allow the discharge of stormwater to the surface waters of North Carolina or to a separate storm sewer system conveying discharges to surface waters in accordance with the terms and conditions set forth herein Coverage under this General Permit is applicable to ♦ All owners or operators of stormwater point source discharges associated with activities categorized as landfills, including construction and demolition debris landfills, which are permitted by the North Carolina Division of Waste Management under the provisions and requirements of North Carolina General Statute 130A-294 ♦ Stormwater point source discharges from like industrial activities deemed by the Division of Water Quality to be similar to these operations in the process, or the discharges, or the exposure of raw materials, intermediate products, by-products, products, or waste products Except upon DWQ determination of similarity as provided immediately above, the following activities and associated discharges are excluded from coverage under this General Permit ♦ Stormwater point source discharges from open dumps, hazardous waste disposal sites, land clearing and inert debris landfills, or discharges of wastes (including discharges of leachate as defined in 15A NCAC 13B 0101(11)) The General Permit shall become effective on November 1 2012 The General Permit shall expire at midnight on October 31, 2017 Signed this day October 25, 2012 Original signed by Matt Matthews for Charles Wakild, P E , Director Division of Water Quality By the Authority of the Environmental Management Commission Permit No NCG120000 TABLE OF CONTENTS PART I INTRODUCTION Section A General Permit Coverage Section B Permitted Activities PART IIMONITORING, CONTROLS, AND LIMITATIONS FOR PERMITTED DISCHARGES Section A Final Limitations and Controls for Stormwater Discharges Section B Analytical Monitoring Requirements Section C On -Site Vehicle and Equipment Maintenance Monitoring Requirements Section D Qualitative Monitoring and Visual Inspection Requirements PART III STANDARD CONDITIONS FOR NPDES STORMWATER GENERAL PERMITS Section A Compliance and Liability 1 Compliance Schedule 2 Duty to Comply 3 Duty to Mitigate 4 Civil and Criminal Liability 5 Oil and Hazardous Substance Liability 6 Property Rights 7 Severability 8 Duty to Provide Information 9 Penalties for Tampering 10 Penalties for Falsification of Reports 11 Onshore or Offshore Construction 12 Duty to Reapply Section B General Conditions 1 General Permit Expiration 2 Transfers 3 When an Individual Permit May be Required 4 When an Individual Permit Maybe Requested 5 Signatory Requirements 6 General Permit Modification Revocation and Reissuance, or Termination 7 Certificate of Coverage Actions 8 Annual Administering and Compliance Monitoring Fee Requirements Section C Operation and Maintenance of Pollution Controls 1 Proper Operation and Maintenance 2 Need to Halt or Reduce not a Defense 3 Bypassing of Stormwater Control Facilities Section D Monitoring and Records 1 Representative Sampling 2 Recording Results 3 Flow Measurements 4 Test Procedures 5 Representative Outfall 6 Records Retention 7 Inspection and Entry Section E Reporting Requirements 1 Discharge Monitoring Reports 2 Submitting Reports 3 Availability of Reports 4 Nan-Stormwater Discharges 5 Planned Changes 6 Anticipated Noncompliance 7 Spills 8 Bypass 9 Twenty-four Hour Reporting 10 Other Noncompliance 11 Other Information PART IV DEFINITIONS Permit No NCG120000 in Permit No NCGI20000 PART I INTRODUCTION SECTION A GENERAL PERMIT COVERAGE All persons desiring to be covered by this General Permit must register with the Division of Water Quality (DWQ) by the filing of a Notice of Intent (NO1) and applicable fees The NO[ shall be submitted and a certificate of coverage issued prior to any point source discharge of stormwater associated with industrial activity to the surface waters of the state Any owner or operator not wishing to be covered or limited by this General Permit may make application for an individual NPDES permit in accordance with NPDES procedures in 15A NCAC 2H 0100, Stating the reasons supporting the request Any application for an individual permit should be made at least 180 days prior to commencement of discharge This General Permit does not cover activities or discharges covered by an individual NPDES permit until the individual permit has expired or has been revoked Any person conducting an activity covered by an individual permit but which could be covered by this General Permit may request that the individual permit be revoked and coverage under this General Permit be provided If industrial materials and activities are not exposed to precipitation or runoff as described in 40 CFR §122 26(g) the facility may qualify for a No Exposure Exclusion from NPDES stormwater discharge permit requirements Any owner or operator wishing to obtain a No Exposure Exclusion must submit a No Exposure Certification Notice of Intent (NOI) form to the Division, must receive approval by the Division, must maintain no exposure conditions unless authorized to discharge under a valid NPDES stormwater permit and must recertify the No Exposure Exclusion annually Any facility may apply for new or continued coverage under this permit until a Total Maximum Daily Load (TMDL) for pollutants for stormwater is established A TMDL sets a pollutant -loading limit that affects a watershed, or portion of a watershed, draining to a specific impaired water For discharges to watersheds affected by a TMDL, coverage under this permit may depend on the facility demonstrating it does not have reasonable potential to violate applicable water quality standards for those pollutants as a result of discharges If DWQ determines that discharges have reasonable potential to cause water quality standard violations, the facility shall apply for an individual permit 180 days prior to the expiration date of this General Permit Once that individual permit is effective, the facility will no longer have coverage under this General Permit During the period beginning on the effective date of the permit and lasting until expiration, the permittee is authorised to discharge stormwater associated with industrial activity Such discharges shall he controlled, limited, and monitored as Specified in this permit Part I Page 1 of 2 Permit No NCGI20000 SECTION B PERMITTED ACTIVITIES Until coverage under this permit expires or is modified or revoked, the permittee is authorized to discharge stormwater, to the surface waters of North Carolina or to a separate storm sewer system, which has been adequately treated and managed in accordance with the terms and conditions of this General Permit Any other point source discharge to surface waters of the state is prohibited unless it is an allowable non- stormwater discharge or is covered by another permit, authorization, or approval The discharges authorized by this General Permit shall not cause or contribute to violations of Water Quality Standards Where wetlands are located on or nearby landfilling operations, discharges authorized by this permit and site operations must meet applicable wetland standards, as recorded in 15A NCAC 2B 0230 and 0231, and water quality certification requirements as outlined in 15A NCAC 2H 0500 This permit does not relieve the permittee from responsibility for compliance with any other applicable federal state, or local law, rule, standard, ordinance, order, judgment, or decree Part I Page 2 of 2 Permit No NC6120000 PART II MONITORING, CONTROLS, AND LIMITATIONS FOR PERMITTED DISCHARGES SECTION A LIMITATIONS AND CONTROLS FOR STORMWATER DISCHARGES During the period beginning on the effective date of the Certificate of Coverage and lasting until expiration of the General Permit, the permittee is authorized to discharge stormwater Such discharges shall be controlled, limited, and monitored as specified below 1 Prior to commencement of land disturbing activities, the permittee shall submit for approval a Sedimentation and Erosion Control Plan (plan) to the Department of Environment and Natural Resources, Division of Energy Mineral, and Land Resources, or an approved local program, pursuant to the requirements of NC G S 113A-54 1 and in conformity with the rules adopted by the Sedimentation and Erosion Control Commission 2 The permittee shall implement the approved plan The approved plan is a requirement or condition of this General Permit Deviation from the approved plan, or approved amendment to the plan, shall constitute a violation of the terms and conditions of this General Permit A signed copy of the approved plan shall be maintained on the site at all times Prior to constructing or operating a landfill the permittee shall obtain a permit for a sanitary landfill from the N C Department of Environment and Natural Resources, Division of Waste Management, pursuant to the requirements of NC G S 130A - 294 and in conformity with the rules adopted in 15A North Carolina Administrative Code, Subchapter 13B Section 0500 or Section 1600 The landfill permit is a requirement or condition of this General Permit Deviation from the landfill permit, or approved amendment or revision of the landfill permit, shall constitute a violation of the terms and conditions of this General Permit A signed copy of the landfill permit shall be maintained on the site at all times 4 Secondary Containment Requirements and Records Secondary containment is required for bulk storage of liquid materials includingpetroleumproducts, storage in any amount of Section 313 of Title III of the Superfund Amendments and Reauthorization Act (SARA) water priority chemicals, and storage in an nt of hazardous in order to prevent leaks and spills from contaminating stormwater runoff A table or summary of all such tanks and stored materials and their associated secondary containment areas shall be maintained if the secondary containment devices are connected to stormwater conveyance systems, the connection shall be controlled by manually activated valves or other similar devices which shall be secured closed with a locking mechanism Any stormwater that accumulates in the containment area shall beat a minimum visually observed for color, foam, outfall staining, visible sheens and dry weather flow, prior to release of the accumulated stormwater Accumulated stormwater shall be released if found to be uncontaminated by any material Records documenting the individual making the observation, the description of the accumulated stormwater, and the date and time of the release shall be kept for a period of five (5) years For facilities subject to a federal oil Spill Prevention, Control, and Countermeasure Plan, facility compliance with any portion of the SPCC plan fully consistent with the requirements of this permit may be used to demonstrate compliance with this permit 5 Equipment utih7ed during the land disturbing or landfill operational activities on a site shall be operated and maintained in such a manner as to prevent potential or actual pollution of the surface or ground waters of the state Fuels lubricants, coolants, and hydraulic fluids, other petroleum products, and spent fluids shall be disposed of in a manner so as not to enter the waters, surface or ground, of the state and in accordance with applicable state and federal disposal regulations Any Part I1 Page 1 of 6 Permit No NCG120000 spilled fluids shall be cleaned up to the extent practicable and disposed of in a manner so as not to allow their entry into the waters, surface or ground, of the state SECTION B ANALYTICAL MONITORING REQUIREMENTS Analytical monitoring of stormwater discharges shall be performed as specified in Table 1 All analytical monitoring shall be performed during a measureable storm event at gach stormwater discharge outfall (SDO) Only SDOs having stormwater discharges associated with industrial activity must be sampled See Definitions A measurable storm event is a storm event that results in an actual discharge from the permitted site outfall The previous measurable storm event must have been at least 72 hours prior The 72- hour storm interval does not apply if the permittee is able to document that a shorter interval is representative for local storm events during the sampling period, and the permittee obtains approval from the local DWQ Regional Office See Definitions Table 1 Analytical Monitoring Requirements Discharge Characteristics Units Measurement Frequencyl Sample Type2 Sample Location3 Chemical Oxygen Demand m I semi-annual Grab SDO Fecal Coliform # per 100 ml semi-annual Grab SDO Total Suspended Solids m l Semi-annual Grab SDO Total Rainfall4 inches semi-annual Rain gauge - Footnotes 1 Measurement Frequency Twice per year during a measureable storm event 2 Sample collection must begin within the first 30 minutes of discharge and continue to all outfalls until completed 3 Sample location Samples shall be collected at each stormwater discharge outfall (00) unless representative outfall status (ROS) has been granted by DWQ A copy of the DWQ letter granting ROS must be kept on site DWQ s ROS letter remains in effect through the subsequent reissuance of this permit and as long as the pertinent site conditions and operations remain unchanged, unless the ROS letter provides for other conditions or duration 4 For each sampled measureable storm event the total precipitation must be recorded from an on -site rain gauge (Where isolated sites are unmanned far extended periods a local rain gauge reading may be substituted far an on site gauge upon prior DWQ written approval) The permittee shall complete the analytical samplings in accordance with the schedule specified in Table 2 below, unless adverse weather conditions prevent sample collection (see Definitions) Inability to sample because of adverse weather conditions must be recorded on the Discharge Monitoring Report, along with a description of the adverse conditions and their duration Sampling is not required outside of the facility s normal operating hours A minimum of 60 days must separate Period 1 and Period 2 sample dates unless monthly monitoring has been instituted via other requirements of this permit The permittee must report the results of every discharge sample taken within the monitoring period (see Part III, Section E) Failure to monitor semi-annually per permit terms may result in the Division requiring monthly monitoring for all parameters for a specified time period 'No discharge" from an outfall or inability to collect a sample because of adverse weather conditions during a monitoring period, for example, does not constitute failure to monitor, as long as it is properly reported Part 11 Page 2 of 6 Permit No NCG120000 Table 2 Monitoring Schedule Monitoring Penodl2 Sample Number Start End Year 1 - Period 1 1 January 1, 2013 June 30, 2013 Year 1 - Period 2 2 July 1, 2013 December 31, 2013 Year 2 - Period 1 3 January 1, 2014 June 30, 2014 Year 2 - Period 2 4 July 1 2014 December 31, 2014 Year 3 - Period 1 5 January 1, 2015 June 30, 2015 Year 3 - Period 2 6 July 1, 2015 December 31, 2015 Year 4 - Period 1 7 January 1, 2016 June 30, 2016 Year 4 -- Period 2 8 July 1, 2016 December 31, 2016 Year 5 - Period 1 9 January 1, 2017 June 30, 2017 Year 5 - Period 2 10 July 1, 2017 October 31, 2017 Footnotes. 1 Maintain semi-annual monitoring during permit renewal process (unless monthly monitoring has been triggered via other permit requirements ) 2 If no discharge occurs during the sampling period the permittee must submit a monitoring report indicating No Flow' within 30 days of the end of the sampling period The permittee shall compare monitoring results to the benchmark values in Table 3 The benchmark values are not permit limits but should be used as guidelines for the permittee's response actions to control the discharge of pollutants in site stormwater Exceedances of benchmark values require the permittee to increase monitoring, increase management actions, increase record keeping, and/or install stormwater Best Management Practices (BMPs) in a tiered program Table 3 Benchmark Values for Analytical Monitoring Requirements Discharge Characteristics Benchmark Value Chemical Oxygen Demand 120 m Fecal Coliform 1000 colonies per 100 ml Total Suspended Solids TS5 100 m TSS ORW, HQW, Trout, and PNA waters 1 50 m L Each separate parameter benchmark exceedance triggers a separate tiered response for that parameter at that outfall Seethe descriptions of Tier One, Tier Two, and Tier Three response actions below In the event that DWQ releases the permittee from continued monthly monitoring under Tier Three DWQ's release letter remains in effect through the subsequent reissuance of this permit, unless the release letter provides for other conditions or duration Part 11 Page 3 of 6 Permit No NCG120000 Tier One If The first valid sampling results are above a benchmark value, or outside the benchmark range, for anv parameter at anv outfall, Then The permittee shall 1 Conduct a stormwater management inspection of the facility within two weeks of receiving sampling results 2 Identify and evaluate possible causes of the benchmark value exceedence 3 Identify the potential, and select the specific source controls, operational controls, or physical improvements to reduce concentrations of the parameters of concern 4 Implement the selected actions within two months of the inspection S Maintain an on -site record of each instance of a Tier One response Include the date and value of the benchmark exceedence the inspection date, the personnel conducting the inspection, the selected actions, and the date the selected actions were implemented Tier Two If During the term of this permit, the sampling results are above the benchmark values, or outside the benchmark range, for anv specific parameter at a specific discharge outfall two times in a row, 1 Then The permittee shall 1 Repeat all the required actions outlined above in Tier One 2 Immediately institute monthly monitoring for all parameters Conduct monthly monitoring at every outfall where a sampling result exceeded the benchmark value for two consecutive samples Monthly (analytical and qualitative) monitoring shall continue until three consecutive sample results are below the benchmark values, or within the benchmark range 3 Submit a monthly monitoring report indicating "No Flow" if no discharge occurs during the sampling period 4 Maintain a record of the Tier Two response and monitoring results on site Tier Three During the term of this permit, if the valid sampling results required for the permit monitoring periods exceed the benchmark value for any specific parameter at any specific outfall on four occasions, the permittee shall notify the DWQ Regional Office Surface Water Supervisor in writing within 30 days of receipt of the fourth analytical results DWQ may, but is not limited to • require that the permittee revise, increase, or decrease the monitoring frequency for some or all parameters, • rescind coverage under the General Permit, and require that the permittee apply for an individual stormwater discharge permit, • require the permittee to install structural stormwater controls, • require the permittee to implement other stormwater control measures • require the permittee to perform upstream and downstream monitoring to characterize impacts on receiving waters Part It Page 4 of 6 Permit No NCG120000 SECTION C ON -SITE VEHICLE AND EQUIPMENT MAINTENANCE MONITORING REQUIREMENTS Facilities which have any vehicle or equipment maintenance activity occurring on site which in aggregate uses more than 55 gallons of new motor oil and hydraulic oil per month when averaged over the calendar year shall perform analytical monitoring as specified below in Table 4 All analytical monitoring shall be performed during a measureable storm event at all SDOs which discharge stormwater runoff from the vehicle maintenance areas, in accordance with the schedule presented in Table 2 (Section B ) Table 4 Analytical Morn oring Require ents for On -Site Vehicle Maintenance Discharge Characteristics Units Measurement Frequencyl Sample Type2 Sample Locahon3 H standard semi-annual Grab SDO Non -Polar Oil & Grease/TPH EPA Method 1664 SGT-HEM mg/l semi-annual Grab SDO Total Suspended Solids m l semi-annual Grab SDO Total Rainfal14 inches semi-annual Rain gauge New Motor Oil Usage al month I semi-annual Estimate - Footnotes 1 Measurement Frequency Twice per year during a measureable storm event. 2 Sample collection must begin within the first 30 minutes of discharge and continue to ail outfalls until completed 3 Sample I ocation Simples shall be collected at each SDO receiving runoff from vehicle and equipment maintenance areas unless representative outfall status (ROS) has been granted by DWQ A copy of the DWQ letter granting ROS must be kept on site DWQ s ROS letter remains in effect through the subsequent reissuance of this permit and as long as the pertinent site conditions and operations remain unchanged unless the ROS letter provides for other conditions or duration 4 For each sampled measureable storm event the total precipitation must be recorded from an on site rain gauge (Where rcoiated sites are unmanned for extended periods a local rain gauge reading may be substituted for an on site gauge, upon prior DWQ written approval) Monitoring results shall be compared to the benchmark values in Table 5 Exceedences of benchmark values require the permittee to increase monitoring, increase management actions increase record keeping, and/or install stormwater Best Management Practices (BMPs), in accordance with the tiered response provisions of Part 11, Section B Table 5 Benchmark Values for On -Site Vehicle and Equipment Maintenance Activities Discharge Characteristics Benchmark Value H Within the range 6 0- 9 03 Non -Polar Oil & Grease/TPH EPA Method 1664 SGT-HEM 15 mg/l Total Sus ended Solids (TSS) 100 mg/1 TSS ORW HQW, Trout, and PNA waters 50 m L Footnote 1 If pH values outside this range are recorded in sampled stormwater discharges but ambient precipitation pH levels are lower then the lower threshold of this benchmark range is the pH of the precipitation (within insti ument accuracy) instead of 6 S U Readings from an on site rain gauge must be documented to demonstrate that background concentrations were below the benchmark pli range of 6 9 Part 11 Page S of 6 Permit No NCG120000 Failure to monitor semi-annually per permit terms may result in the Division requiring monthly monitoring for a specified time period 'No discharge from an outfall or inability to collect a sample because of adverse weather conditions during a monitoring period for example does not constitute failure to monitor, as long as it is properly reported SECTION D QUALITATIVE MONITORING AND VISUAL INSPECTION REQUIREMENTS Qualitative monitoring shall be performed twice per year and concurrent with the analytical monitoring requirements in Part II Sections B and C for the characteristics listed in Table 6 Qualitative monitoring is for the purpose of quickly evaluating the effectiveness of the stormwater controls No analytical tests are required The permittee shall maintain a written record of the qualitative monitoring events on site Table 6 Oualitative Monitorine Requirements Discharge Charactenstics Momtonng Locahonl Color SDO Odor SDO Clarity SDO Floating Solids SDO Suspended Solids SDO Foam SDO Oil Sheen SDO Erosion or deposition at the outfall SDO Other obvious indicators of stormwater pollution SDO Footnote 1 Qualitative monitoring shall be performed at each stormwater discharge outfall [SDO) regardless of representative outfall status (ROS) unless ROS has been granted specifically for qualitative monitoring A copy of DWQ's letter granting ROS must be kept on site DWQ s ROS letter remains in effect through the subsequent reissuance of this permit and as long as the pertinent site conditions and operations remain unchanged unless the ROS letter provides for other conditions or duration Visual inspections shall be conducted to ensure that all stormwater controls, including all sedimentation and erosion controls, are intact, in good repair, fully functional and are otherwise being properly implemented Inspections shall be conducted at least once every seven calendar days and within 24 hours after any storm event of greater than 0 S inches of rain per 24 hour period The permittee shall maintain a written record of each visual inspection on site In the event an atypical condition is noted at a stormwater discharge outfall, the permittee shall maintain on - site records of both the suspected cause of the condition and the corrective actions taken If the permittee's qualitative monitoring or visual inspections indicate that existing stormwater controls are ineffective, or that significant stormwater contamination is a recurring condition, the permittee shall investigate potential causes, evaluate the feasibility of corrective actions, and implement feasible corrective actions within 60 days A written record of the permittee s investigation, evaluation, and response actions shall be kept on site Records related to qualitative monitoring and visual inspections need only be submitted to DWQ upon the Division's specific request for those records Part 11 Page 6 of 6 Permit No NCG120000 PART III STANDARD CONDITIONS FOR NPDES STORMWATER GENERAL PERMITS SECTION A COMPLIANCE AND LIABILITY 1 he ule The permittee shall comply with Limitations and Controls specified for stormwater discharges in accordance with the following schedule Lxcstmg facilities already operating but applying for coverage under this general permit for the first time Secondary containment, as specified in Part 11 Section A, Paragraph 4 of this permit, shall be accomplished within 12 months of the effective date of the initial Certificate of Coverage All other requirements conditions limitations and controls contained in this permit become effective immediately upon issuance of the Certificate of Coverage New facilities applying for permit coverage for the first time and existing facilities previously permitted and applying for renewal under this general permit All requirements, conditions limitations and controls contained in this permit become effective immediately upon issuance of the Certificate of Coverage 2 DAY to Camnly The permittee must comply with all conditions of this general permit Any permit noncompliance constitutes a violation of the Clean Water Act (CWA) and is grounds for enforcement action, for permit termination revocation and reissuance or modification, or denial of a permit upon renewal application [40 CPR 122 41] a I he permittee shall comply with standards or prohibitions established under section 307(a) of the CWA for toxic pollutants within the time provided in the regulations that establish these standards or prohibitions even it the general 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 40S 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 CI'R 122 41(a)(2)] I he 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 $SO 000 per day of violation or by imprisonment of not more than 2 years or both [33 USC 1319(c)(1) ind 40 CPR 122 41(a)(2)] cI 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 CPR 12Z 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 Part I I1 Page 1 of 9 Permit No NCG120000 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)(13)(m) 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 C.FR 122 41(a)(2)1 t 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 6AJ 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 11 penalty not to exceed $177,500 [33 USC 1319(g)(2) and 40 CFR 122 41(a)(3)] 3 Duty to Mitigate The permittee shall take all reasonable steps to minimize or prevent any discharge in violation of this general permit which has a reasonable likelihood of adversely affecting human health or the environment [40 CFR 122 41(d)] 4 Civil and Criminal Liability Except as provided in Part III Section C of this general permit regarding bypassing of stormwater control facilities 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 5 Oil apd Hazardous Substance Liability Nothing in this general 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 USC 1321 6 Property ht The issuance of this general 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)] 7 Severability The provisions of this general permit are severable and if any provision of this general permit or the application of any provision of this general permit to any circumstances, is held invalid the application of such provision to other circumstances, and the remainder of this general permit shall not be affected thereby [NCGS 150B 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 the general permit issued pursuant to this general permit or to determine compliance with this general permit The permittee shall also furnish to th(. Permit Issuing Authority upon request copies of records required to be kept by this general permit [40 CFR 122 41(h)] Part III Page 2 of 9 Permit No NCG 120000 PgnaJ.lie_s_for Tampering The Clean Water Act provides that any person who falsifies tampers with, or knowingly renders inaccurate any monitoring device or method required to be maintained under this general 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 122 411 10 Penalties for Falsification of Reports The Clean Water Act 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 general permit including monitoring reports or reports of compliance or noncompliance 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 [40 CFR 122 411 11 Onshore or Offshore ConstrCistion This general 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 12 Duty to Reapply Dischargers covered by this general permit need not submit a new Notice of Intent (NO[) or renewal request unless so directed by the Division If the Division chooses not to renew this general permit the permittee will be notified to submit an application for an individual permit [15A NCAC 02H 0127(e)] SECTION H GENERAL CONDITIONS General Permit Expiration General permits will be effective for a term not to exceed five years at the end of which the Division may renew them after all public notice requirements have been satisfied If a general permit is renewed existing permittt.es do not need to submit a ri<newal request or pay a renewal fee unless directed by the Division New applicants seeking coverage under a renewed general permit must submit a Notice of Intent to be covered and obtain a Certificate of Coverage under the renewed general permit [15A NCAC 02H 0127(e)] The certificate of covet age issued pursuant to this general 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 NCG5 143 215 1(b)(4)b 2 and may require modification or revocation and reissuance of the Certificate of Coverage 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(l)(3) 122 61] or state statute The Permittee is required to notify the Division in writing in the event the permitted facility is sold or closed When an Individual Permit Mav be Reauired the Dlrlctor m-iy require any owner/operator authorized to discharge under a certificate of coverage issued pursuant to this general permit to apply for and obtain an individual permit or an alternative general permit Any interested person may petition the Director to take action under this paragraph Cases where an individual permit may be requited include but are not limited to the following a The discharger is a %igniticant contributor of pollutants b Conditions at the permitted site change altering the constituents and/or characteristics of the discharge such that the discharge no longer qualifies for a general permit, c 'I he discharge violates the terms or conditions of this general permit Part III Page 3 of 9 Permit No NCG120000 A change has occurred in the availability of demonstrated technology or practices for the control or abatement of pollutants applicable to the point source, Effluent limitations are promulgated for the point sources covered by this general permit A water quality management plan containing requirements applicable to such point sources is approved after the issuance of this general permit The Director determines at his or her own discretion that an individual permit is required When an Individual Perm► Any perm►ttee operating under this general permit may request to be excluded from the coverage of this general permit by applying for an individual permit When an individual permit is issued to an owner/operator the applicability of this general permit is automatically terminated on the effective date of the individual permit Signatory Requirements All applications reports or information submitted to the Permitting Issuing Authority shall be signed and certified [40 CFR 122 41(k)] a All Notices of Intent to be covered under this general permit 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 of 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 otticer or ranking elected official [40 CFR 122 22] b All reports required by the general 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 it (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 122 221 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] Part III Page 4 of 9 Permit No NCG120000 d Certification Any person signing a document under paragraphs a or b of this section shall make the following certification [40 CFR 122 221 NO OTHER STATEMENTS OF CERTIFICATION WILL BE ACCEPT F D l 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 property gother and evaluate the information submitted Based on my inquiry of the person or persons who manage the system or those persons directly responsible forgathering the information, the information submitted is to the best of my knowledge and belief true accurate and complete 1 am aware that there are significant penalties for submitting false information including the possibility of fines and imprisonment for knowing violations General Permit Modification. Revocation and Re►ssuance. or Termination The issuance of this general permit does not prohibit the Permit Issuing Authority from reopening and modifying the general permit revoking and reissuing the general permit or terminating the general 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 eta] After public notice and opportunity for a hearing the general permit may be term►n ited for cause The filing of a request for a general permit modification, revocation and reissuance or termination does not stay any general permit condition The Certificate of Coverage shall expire when the general permit is terminated Certificate of Covgrage ,Mons The general permit maybe modified revoked and reissued or terminated for cause the notification of planned changes or anticipated noncompliance does not stay any general permit condition [40 CFR 122 41(f)] Annual Administering and Compliance Monitoring) g RCquirements The permittee must pay the administering and compliance monitoring fee within 30 (thirty) days after being billed by the Division Failure to pay the fee in timely manner in accordance with 15A NCAC 2H 0105(b)(2) may i.ause this Division to initiate action to revoke coverage under the general permit SECTION C OPERATION AND MAINTENANCE OF POLLUTION CONTROLS Proper Operation and Ma►atejadplcg The permittee shall at all tines 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 operation of back up or auxiliary facilities or similar systems which are installed by a permittee only when the operation is necessary to achieve compliance with the conditions of this permit [40 CFR 122 41(e)) 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 general permit [40 CFR 122 41(c)] Bypassing ssing of_Stormwater Control Facilities Bypass is prohibited and the Director 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 and b I here were no feasible alternatives to the bypass such as the use of auxiliary control facilities retention of stormwater or maintenance during normal periods of equipment downtime or dry weather 'I his condition is not satisfied if adequate backup controls 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 Part III Page 5 of 9 Permit No NCG120000 c The permittee submitted notices as required under, Part III Section E of this general permit if the Director determines that it will meet the three conditions listed above, the Director may approve an anticipated bypass after considering its adverse effects SECTION D MONITORING AND RECORDS Representative Samphne Samples collected and measurements taken, as required herein, shall be characteristic of the volume and nature of the permitted discharge Analytical sampling shall be performed during a measureable storm event Samples shall be taken on a day and time that is characteristic of the discharge All samples shall be taken before the discharge loins or is diluted by any other waste stream, body of water or substance Monitoring points as specified in this general permit shall not be changed without notification to and approval of the Permit Issuing Authority [40 CFR 122 41(l)] Recording Results For each measurement or sample taken pursuant to the requirements of this general 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 mdividual(s) who performed the analyses e The analytical techniques or methods used and f The results of such analyses Flow Measurements Where required, 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 Test Procedures 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 Federal Water Pollution Control Act, as Amended and Regulation 40 CFR 136 To meet the intent of the monitoring required by this general permit all test procedures must produce minimum detection and reporting levels 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 general permit discharge requirements then the most sensitive (method with the lowest possible detection and reporting level) approved method must be used Representative Outfall If a facility has multiple discharge locations with substantially identical stormwater discharges that are required to be sampled the permittee may petition the Director for representative outfall status If it is established that the stormwater discharges are substantially identical and the permittee is granted representative outfall status then sampling requirements may be performed at a reduced number of outfalls Records Retention Part III Page 6 of 9 Permit No NCG120000 Qualitative monitoring shall be documented and records maintained at the facility Copies of analytical monitoring results shall also be maintained on site The perm►ttee shall retain records of all monitoring information including o all calibration and maintenance records o all original strip chart recordings for continuous monitoring instrumentation o copies of all reports required by this general permit, o copies of all data used to complete the Notice of Intent to be covered by this general permit These records or copies shall be maintained for a period of at least 5 years from the date of the sample measurement, report or Notice of Intent application This period maybe extended by request of the Director at any time [40 CFR 122 41] If this volume of records cannot be maintained on site the documents must be made available to an inspector upon request as immediately as possible 7 Inpec0on_and Entry The perm►ttee shall allow the Director or an authorized representative (including an authorized contractor acting as a representative of the Director) or in the case of a facility which discharges through -i municipal separate storm sewer system, an authorized representative of a municipal operator or the separate storm sewer system receiving the discharge upon the presentation of credentials and other documents as may he required by law to a Enter upon the perm►tree s premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of this general permit, b Have access to and copy at reasonable times any records that must be kept under the conditions of this general permit, c Inspect at reasonable times any facilities equipment (including monitoring and control equipment) practices or operations regulated or required under this general permit and d Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise authorized by the Clean Water Act any substances or parameters at any location [40 CFR 122 41(1)] SECTION E REPORTING REQUIREMENTS :haree Nlonitorinc R Samples analyzed in accordance with the terms of this general permit shall be submitted to the Division on Discharge Monitoring Report (DMR) forms provided by the Director DMR forms are available on the Division s website (htt /►wrtal nLLIL[Ir.org/w.cblwQ/ws/su/npdeNsw] Submittals shall be delivered to the Division no later than 30 days from the date the facility receives the sampling results from the laboratory When no discharge has occurred from the facility during the report period the perm►ttee is required to submit a discharge monitoring report within 30 days of the end of the specified sampling period giving all required information and indicating NO FLOW as per NCAC T15A 02B 0506 It the permittee monitors any pollutant more frequently than required by this general permit using test procedures approved under 40 CFR Part 136 and at a sampling location specified in this general permit or other appropriate instrument governing the discharge the results of such monitoring Shall be included in the data submitted on the DMR The perm►ttee shall record the required qualitative monitoring observations on the SDO Qualitative Monitoring Report form provided by the Division and shall retain the completed forms on site Qualititive monitoring results should not be submitted to the Division, except upon DWQ s specific requirement to do so Qualitative Monitoring Report forms are available at the website above Part III Page 7 of 9 Permit No NCG120000 Submitting Reports Two signed copies of Discharge Monitoring Reports (DMRs) shall be submitted to Central Niles Division of Water Quality 1617 Mail Service Center Raleigh North Carolina 27699 1617 3 Availability of Reports Except for data determined to be confidential under NCGS 143-215 3(a)(2) or Section 30B 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 analytical 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 6B or in Section 309 of the Federal Act 4 Non-Stormwater_Di�charges If the storm event monitored in accordance with this general permit coincides with a non stormwater discharge the permittee shall separately monitor all parameters as required under all other applicable discharge permits and provide this information with the stormwater discharge monitoring report 5 Planned Changes The permittee shall give notice to the Director as soon as possible of any planned changes at the permitted facility which could significantly alter the nature or quantity of pollutants discharged [40 CFR 122 41(1)] This notification requirement includes pollutants which are not specifically listed in the general permit or subject to notification requirements under 40 CFR Part 122 42 (a) 6 Anticipated_hloammpllatL The permittee shall give advance notice to the Director of any planned changes at the permitted facility which may result in noncompliance with the general permit [40 CFR 122 41(1)(2)] 7 Saills The permittee shall report to the local DWQ Regional Office within 24 hours all significant spills as defined in Part IV of this general permit. Additionally the permittee shall report spills including any oil spill of 25 gallons or more any spill regardless of amount that causes a sheen on surface waters, any oil spill regardless of amount occurring within 100 feet of surface waters, and any oil spill less than 25 gallons that cannot be cleaned up within 24 hours 8 Bypass Notice [40 CFR 122 41(m)(3)] a Anticipated bypass If the permittee knows in advance of the need for a bypass it shall submit prior notice it possible at least ten days before the date of the bypass, including an evaluation of the anticipated quality and affect of the bypass b Unanticipated bypass The permittee shall submit notice within 24 hours of becoming aware of an unanticipated bypass Twenty four Hour Reporting a The permittee shall report to the central office or the appropriate regional office any noncompliance which may endanger 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 Part III Page 8 of 9 Permit No NCG120000 The written submission shall contain a description of the noncompliance and its causes, the period of noncompliance including exact dates and times and if the noncompliance has not been corrected the ^intic►pated time compliance 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 10 Other Noncom lin ance The permittee shall report all instances of noncompliance not reported under 24 hour reporting at the time monitoring reports are submitted [40 CFR 122 41(l)(7)] 11 Other Information Where the Permittee becomes aware that it failed to submit any relevant facts in a Notice of Intent to be covered under this general permit or submitted incorrect information in that Notice of Intent application or in any report to the Director it shall promptly submit such facts or information [40 CFR 122 41(l)(8)] Part III Page 9 of 9 Permit No NCG120000 PART IV DEFINITIONS Ash See Clean Water Act Adverse Weather Adverse conditions are those that are dangerous or create inaccessibility for personnel such as local flooding, high winds or electrical storms or situations that otherwise make sampling impractical When adverse weather conditions prevent the collection of samples during the sample period, the permittee must take a substitute sample or perform a visual assessment during the next qualifying storm event Documentation of an adverse event (with date, time and written narrative) and the rationale must be included with your records Adverse weather does not exempt the permittee from having to file a monitoring report in accordance with the sampling schedule Adverse events and failures to monitor must also be explained and reported on the relevant DMR Allowable Non Stormwater Discharges This general permit regulates stormwater discharges Non-stormwater discharges which shall be allowed in the stormwater conveyance system are a All other discharges that are authorized by a non stormwater NPDES permit b Uncontaminated groundwater foundation drains air -conditioner condensate without added chemicals, springs, discharges of uncontaminated potable water, waterline and fire hydrant flushings water from footing drains irrigation waters flows from riparian habitats and wetlands c Discharges resulting from fire fighting or fire fighting training, or emergency shower or eye wash as a result of use in the event of an emergency 4 Best Management Practices fBMPs Measures or practices used to reduce the amount of pollution entering surface waters BMPs may take the form of a process, activity or physical structure More information on BMPs can be found at httn //cf/ pub (-pa gov/npdes/stormwater/mc nuoibmj2s/mde.x cfm 5 Bypass A bypass is the known diversion of stormwater from any portion of a stormwater control facility including the collection system which is not a designed or established operating mode for the facility 6 Bulk Storage of Liquid Products Liquid raw materials manufactured products waste materials or by-products with a single above ground storage container having a capacity of greater than 660 gallons or with multiple above ground storage containers located in close proximity to each other having a total combined storage capacity of greater than 1 320 gallons 7 Certificate of Coverage The Certificate of Coverage (COC) is the cover sheet which accompanies a general permit upon issuance and lists the facility name, location receiving stream river basin effective date of coverage under the general permit and is signed by the Director 8 Clean Water Act The Federal Water Pollution Control Act also known as the Clean Water Act (CWA) as amended 33 USC 1251 et seq 9 Division or DWQ The Division of Water Quality Department of Environment and Natural Resources 10 Director The Director of the Division of Water Quality the permit issuing authority 11 EMC The North Carolina Environmental Management Commission Part IV Page 1 of 4 Permit No NCG120000 12 drab Sample An individual sample collected instantaneously Grab samples that will be analyzed (quantitatively or qualitatively) must be taken within the first 30 minutes of discharge 13 Hazardous Substance Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the Clean Water Act 14 Landfill A disposal facility or part of a disposal facility where waste is placed in or on land and which is not a land treatment facility a surface impoundment, an injection well a hazardous waste long-term storage facility or a surface storage facility 15 Meassire lble Storm Event A storm event that results in an actual discharge from the permitted site outfall The previous measurable storm event must have been at least 72 hours prior I he 72-hour storm interval may not apply if the permittee is able to document that a shorter interval is representative for local storm events during the sampling period and obtains approval from the local DWQ Regional Office Two copies of this information and a written request letter shall be sent to the local DWQ Regional Office After authorization by the DWQ Regional Office a written approval letter must be kept on site 16 Municipal Separate Storm Sewer System (MSJ A Stormwater collection system within an incorporated area of local self government such as a city or town 17 No Exposure A condition of no exposure means that all industrial materials and activities are protected by a storm resistant shelter or acceptable storage containers to prevent exposure to rain, snow snowmelt or runoff Industri-il materials or activities include but are not limited to material handling equipment or activities industrial machinery raw materials intermediate products, by-products, final products or waste products DWQ may grant a No Exposure hxciusion from NPDES Stormwater permitting requirements only if a facility complies with the terms and conditions described in 40 CFR §122 26(g) 18 Notice of Intent The state application form which when submitted to the Division, officially indicates the Facility s notice of intent to seek coverage under a general permit. 19 Re-mitissuingAuthorgy ThL Director of the Division of Water Quality (see Director' above) 20 Permittee The owner or operator issued a ( ertificdtL of Coverage pursuant to this general permit 21 Paint Source Discharge of Stormwater Any discernible confined and discrete conveyance including but not specifically limited to any pipe, ditch channel tunnel, conduit well or discrete fissure from which Stormwater is or may be discharged to waters of the state 22 Repirrxsentative_Outfail Status When it is established that the discharge of stormwater runoff from a single outfall is representative of the discharges at multiple outfalls the DWQ may grant representative outfall status Representative outfall status allows the permittee to perform analytical monitoring at a reduced number of outfalls 23 Secondary Containment Spill containment for the contents of the single largest tank within the containment sti ucture plus sutficient freeboard to allow for the 25 year 24 hour storm event Part IV Page 2 of 4 Permit No NCG120000 24 Section 313 Water Priority Chemical A chemical or chemical category which b Is listed in 40 CFR 372 65 pursuant to Section 313 of Title 111 of the Superfund Amendments and Reauthorization Act (SARA) of 1986 also titled the Emergency Planning and Community Right to Know Act of 1986, c Is present at or above threshold levels at a facility subject to SARA title IH Section 313 reporting requirements and d Meets at least one of the following criteria i Is listed in appendix D of 40 CFR part 122 on Table II (organic priority pollutants), Table III (certain metals cyanides and phenol%) or Table 1V (certain toxic pollutants and hazardous substances) u Is listed as a hazardous substance pursuant to section 311(b)(2)(A) of the CWA at 40 CFR 116 4 or in Is a pollutant for which EPA has published acute or chronic water quality criteria 25 Severe Property Damage Substantial physical damage to property damage to the control 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 does not mean economic loss caused by delays in production 26 �Iglj&ant Materials Includes but is not limited to raw materials fuels, materials such as solvent%, detergents, and plastic pellets, finished materials such as metallic products, raw materials used in food processing or production hazardous substances designated under section 101(14) of CERCLA any chemical the facility is required to report pursuant to section 313 of Title I[I of SARA fertilizers pesticides and waste products such as ashes slag and sludge that have the potential to be released with stormwater discharges 27 Significant Spills Includes but is not limited to releases of oil or hazardous substances in excess of reportable quantities under section 311 of the Clean Water Act (Ref 40 CFR 110 3and 40 CFR 117 3) or section 102 of CERCLA (Ref 40 CFR 302 4) 28 Stormwater Discharge Outfall (SDO) The point of departure of Stormwater from a discernible confined or discrete conveyance including but not limited to storm sewer pipes drainage ditches channels spillways or channeli7ed collection areas from which stormwater flows directly or indirectly into waters of the State of North Carolina 29 Stormwater Runoff The flow of water which results from precipitation and which occurs immediately following rainfall or as a result of snowmelt 30 Stormwater Associated with [ndustt [al Activity The discharge from any point source which is used for collecting and conveying stormwater and which is directly related to manufacturing processing or raw material storage areas at an industrial site Facilities considered to be engaged in industrial activities include those activities defined in 40 CFR 122 26(b)(14) The term does not include discharges from facilities or activities excluded from the NPOES program 31 Stormwater Pollution Prevention Plan (SPPP) A comprehensive site specific plan which details measures and practices to reduce stormwater pollution and is based on an evaluation of the pollution potential of the site 32 Total Maximum Daily Load (TMDL) TMDLs are written plans for attaining and maintaining water quality standards in all seasons for a specific water body and pollutant A list of approved TMDLs for the state of North Carolina can be found at http.JLnortal ncdenr orgJweb/wqJps1mW1mdl Part IV Page 3 of 4 Permit No NCG120000 33 logic Pollutant Any pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act 34 Vehicle Maintenance Activity Vehicle i ehabihtation mechanical repairs painting fueling lubrication, vehicle cleaning operations or airport deicing operations 35 Mi5ible Sedimentation Solid particulate matter, both mineral and organic, that has been or is being transported by water air gravity or ice from its site of origin which can be seen with the unaided eye 36 25-year. 24 hour Storm Event The maximum 24 hour precipitation event expected to be equaled or exceeded on the average once in 25 years Part IV Page 4 of 4 NCDENR NORM CAROLINA () P RTMCNT OP E.WONMCNT AND NATnRAL, RCSOIMcCR FACILITY COMPLIANCE AUDIT REPORT Division of Waste Management Sold Waste Section UNIT TYPE (check all that ap 3ly to this audit with same Permit number) I I I Lased LCID YW Transfer Contposi SLAS COUNTY Haywood MSWLF PERMIT NO 44-07 amendment Closed IkiW 1lrhae lncin T&P FIRM MSWLF goods FILE TYPE COMPLIANCE CDLF X Tire Tire Irldustnal DEMO SDTF Collection monoflll Landfill Date of Audit 3/22/07 Date of Last Audit 12/15/06 FACILITY NAME AND ADDRESS Haywood County Construction and Demolition Landfill State Road 1338, White Oak Community Waynesville, N C 28786 GPS COORDINATES (Decimal Degrees) N 35 66343 W 082 99866 FACILITY CONTACT NAME AND PHONE NUMBER Steven King, Haywood County Solid Waste Director Telephone 828-627-8042 FACILITY CONTACT ADDRESS (IF DIFFERENT) Steven King, Director Haywood County Solid Waste Department 278 Recycle Drive Clyde, N C 28721 AUDIT PARTICIPANTS Jim Patterson, NCDENR-Solid Waste Section Steven King, Haywood County Solid Waste Department STATUS OF PERMIT Active- Permit to Operate issued November 8, 2006 PURPOSE OF AUDIT Inspection of construction and demolition landfill NOTICE OF VIOLATION(S) citation and explanation) Permit Operational Condition number 29 in the approved effective Permit to Operate states that waste shall be covered with six inches of suitable cover at least once per week Haywood County was operating in violation of this condition in that waste has not been covered weekly with cover material A compliance date of May 15, 2007 has been established to correct this violation You are hereby advised that, pursuant to N C G S 130A 22, an administrative penalty of up to $5,000 per day may be assessed for each violation of the Solid Waste Statute or Regulations If the violation(s) noted here continue, you may be subject to enforcement actions including penalties, injunction from operation of a solid waste management facility or a solid waste collection service and any such further relief as may be necessary to achieve compliance with the North Carolina Solid Waste Management Act and Rules STATUS OF PAST NOTED VIOLATIONS List all noted last audit NIA FACILITY COMPLIANCE AUDU )SPORT Division of Waste Management Solid Waste Section Page 2 of 2 AREAS OF CONCERN AND COMMENTS 1 Seeding needs to be done on completed areas 2 Some erosion noted below drainage discharge pipes Address this issue 3 Very little life remaining in the approved C and D landfill area 4 Service area foi this landfill is Haywood County 5 Alan Parker and Ronnie Wilson both have taken the SWANA Landfill Operator course The date of the I raining was October 27-28, 2005 6 Steven King is the new Haywood County Solid Waste Director and has received his SWANA MOLO certificate P,lensy contact me if ou.hve any questions or concerns regarding this audit report ( signature) Phone 828-296-4700 Regional Representative Distribution orilpgal signed copy to facility -- signed copy to coin fiance officer -- e-mail or co to super elivered on Click aiiAlMdale I by hand delivery US Mai if:ed No 1 ] i4i _ L' `IG It r _J ?/ 3� J T� r fA_ CDENR c.Amuc. ,.T or Ewwo"-04T Amo NiavR, iiee cea 0 FACILITY COMPLIANCE AUDIT REPORT Division of Waste Management Solid Waste Section UNIT TYPE: check all that ap)ly to this audit with same Perrrirt number Lined LCID YW Transfer Compost sL S COUNTY Haywood MSWLF PERMIT NO 44-07 Closed HHW while Trim T&P FIRM MSWLF goods FILE TYPE COMPLIANCE CDLF TtreTBcP/ Tire industrial DEMO SDTF Callechon MOWMI Landfill Dates of Audit March 20, 2008 April 1,22008 FACILITY NAME AND ADDRESS Haywood County C & D Landfill State Road 1338, White Oak Commuruty Waynesville, N C 28786 Date of last Audit February 7, 2008 GPS COORDINATES (Decunal Degrees) N 35 66343 E -82 99866 FACILITY CONTACT NAME AND PHONE NUMBER Stephen King, Director Haywood County Solid Waste Department 828-627-8042 FACILITY CONTACT ADDRESS (IF DIFFERENT) Stephen King, Director Haywood County Solid Waste Department 278 Recycle Drive Clyde, N C 28721 AUDIT PARTICIPANTS Troy Harrison, Environmental Senior Specialist, NCDENR/Division of Waste Management (DWM)/Solid Waste Section (SI Allen Gaither, Engineer, NCDENR-DWM-SWS Steven King, Haywood County Solid Waste Director Mark Shumpert, Haywood County Engineer STATUS OF PERMIT Active — Permit to Operate issued November 8, 2006 PURPOSE OF AUDIT Partial audit Inspection of leachate breakout at C & D landfill reported by Mr King on 3/19/08 roiloW up rrl5Pet:t10n an'Niicfva NOTICE OF VIOLATIOMS) (citation and explanation) 15A NCAC 13B 0542 (1)(4) which states Leachate must be contained on -site or treated prior to discharge In order to achieve compliance, Haywood County Landfill must immediately Assure leachate is contained on site or properly treated prior to discharge, and 2 Assess the impact of the leachate release outside of the waste cell FACILITY COMPLIANCE AUDIT i_ ORT Division of Waste Management Solid Waste Section Z VL L Further action may be required by the Division You are hereby advised that, pursuant to N C G S 130A-22, an administrative penalty of up to $15,400 per day may be assessed for each violation of the Solid Waste Statute or Regulations If the violation(s) noted here continue, you maybe subject to enforcement actions including penalties, injunction from operation of a solid waste management facility or a solid waste collection service and any such further relief as may be necessary to achieve compliance with the North Carolina Solid Waste Management Act and Rules STATUS OF PAST NOTED VIOLATIONS List all noted last audit None AREAS OF CONCERN AND COMMENTS Construction and Demolition Debris Landfill Unit On March 19, 2008 at Approx 10 00 AM, Mr Troy Harrison, DWM-SWS-ARO Received a call from Mr Steven King, Haywood Co Solid Waste Director concerning a leachate breakout that morning Mr King took photos and samples to be analyzed He was concerned that oil or diesel fuel had been dumped here since a theft of fuel had been reported the previous week Mr Harrison was not able to go to the landfill that day due to a previously scheduled appointment, and advised Mr King to take photos and document remediation activity The weather was very windy and rainy that day 2 On March 20, 2008 Mr Harrison met Mr King at the Haywood Co T & P Facility and went to the C & D Landfill together At the time of inspection, there were several additional leachate breakouts due to the rain V day before Mr Hamson took several photos Mr Harrison observed three breakouts, in the capped slope o, the landfill, Just above the drainage ditch above the upper entrance road to the landfill The leachate flowed into the drainage ditch The leachate had a black color with a strong sulfurtchemical smell Several spill control mats and socks had been placed to help contain the leachate The remainder of the leachate from this area then flowed off of the footprint of the landfill There were also three leachate breakouts below the upper entrance road but still on the landfill These appeared, at the time of investigation, to not have left the landfill Looking at an overall photograph of the C & D Landfill, it appears that all of the leachate breakouts occurred from the same general location On March 20, 2008, Mr Hamson contacted Mr Dennis Shackelford, SWS Field Operations Branch -Eastern District Supervisor for further instructions Mr Shackelford said that the liquid was leachate and must be contained within the landfill site Mr Harrison then contacted Mr King and instructed him to contain the leachate within the site of the landfill and he said that it would be done Mr King called Mr Harrison back for instruction on how to handle the LCID that normally goes to the C & D landfill since the road will be temporally out of service He suggested that this material be placed at the former grinding area until it can be deposited in the landfill Mr Harrison contacted Mr Shackelford who agreed with the temporary solution Mr Hamson then contacted Mr King and gave approval to put the LC1D at the former grinding area until repairs are made to the C & D landfill 4 On March 24, 2007 Mr Hamson and Ms Deb Aja, SWS Field Operations Branch -Western District Supervisor, received an e-mail from Mr King relaying the results of a preliminary field test using a "Honba U-22" on March 19, 2008 The e-mail stated that lab results will be sent as soon as available On Apnl 1, 2008, Mr Hamson and Mr Allen Gaither, DWM-SWS Engineer met with Mr King at, Mr Shumpert, Haywood County Engineer, for a follow up investigation The areas containing leachate breakouts above and below the upper entrance road had been excavated No leachate was observed flowing above the upper entrance road into the drainage ditch Leachate was observed still FACILITY COMPLIANCE AUD. .SPORT Division of Waste Management Soled Waste Section Page 3 of 3 flowing into the lower drainage ditch and being contained on site Please contact me tf u have any questions or concerns regarding this audit report Troy Harrison 8281296-4701 (signature) Phone Regional Representative Visit bill tion original; signed copy, to facility -tee-mail to compliance officer - e-mail or copy to auger Delivered on April 17, 2008 by hand delivery X US Mail Certified No L_j E-13A i 4 UED E -NR EM7AMNIENr CW EmmRomp,Ew AND N.otwK fjesouRG[S x FACILITY COMPLIANCE AUDIT REPORT Division of Waste Management Solid Waste Section UNIT TYPE:, check all that apply to this audit with same Permit number% Lined MSWI.F x LC1D Yw Transfer Compost SLAS COUNTY Haywood � PERMIT NO 44-07 ctosed i[ltov wivre Inem T&p FIRM MSWLF goods s FILE TYPE COMPLIANCE CDLF TrreT&P/ Coilectroa Tire Monofill Industrial Landfill DEMO SDTF Date of Audit 09/29/08 Date of Last Audit 02/07/08 FACILITY NAME AND ADDRESS Haywood County Municipal Solid Waste Landfill State Road 1338, White Oak Comimuruty Waynesville, N C 28786 GPS COORDINATES (Decimal Degrees) N 35 66343 FACILITY CONTACT NAME AND PHONE NUMBER Stephen King, Haywood County Solid Waste Director -lephone 828-627-8042 FACILITY CONTACT ADDRESS (IF DIFFERENT) Stephen King, Director Haywood County Solid Waste Department 278 Recycle Drive Clyde, N C 28721 W -82 99866 AUDIT PARTICIPANTS Andrea Keller, NCDENR, Division of Waste Management (DWM}, Solid Waste Section (SWS) Stephen King, Haywood County Solid Waste Director Jeffery Bishop, Senior Project Manager, McGill Associates STATUS OF PERMIT Active- Permit to Operate issued November 8, 2006 PURPOSE OF AUDIT Partial audit of Municipal solid waste landfill NOTICE OF VIOLATION(S) (citation and explanation) NONE You are hereby advised that, pursuant to N C G S 130A-22, an administrative penalty of up to $5,000 per day may be assessed for each ,cation of the Solid Waste Statute or Regulations If the violation(s) noted here continue, you may be subject to enforcement actions iding penalties, injunction From operation of a solid waste management facility or a solid waste collection service and any such further ,.lief as may be necessary to achieve compliance with the North Carolina Solid Waste Management Act and Rules STA FUS OF PAST NOTED VIOLATIONS (List all noted last audit) NIA FACILITY COMPLIANCE AUDIT L ORT Division of Waste Management Solid Waste Section Page 2 of 2 AREAS OF CONCERN AND COMMENTS 1 The NCDENRIDWMISWS was notified on 9/26/08 of leachate seep and repair activities at the MSWLF The letter document from McGill Associates indicated the seepage was noted on 9/22/08 and that the location of the seep with respect to the edge of liner was verified on 9/23/08 2 McGill Associates proposed "installing a trench type drain for the conveyance of leachate away from the apparent seep area [and] toward the MSW Phase I sump area, a distance of approximately 40 feet " 3 Additional corrective actions stated in the letter indicated that landfill personnel will continue to monitor the area and that the annual cleaning of the leachate system piping/sump area will be scheduled for the month of October, 2008 4 During the onsite audit, two areas/pits had been excavated within the liner system in order to lay the trench (per McGill letter, Figure 3) Survey stakes were visible and had been used as vertical guidance dunng the excavation (to stay above the liner system by a minimum of 4 feet) Additionally, the edge -of -liner stakes were visible and a clean soil berm had been placed along this edge to both protect the edge of liner area, and to block any leachate release during the excavation activities 5 This area of excavation started inside the dirt berm within the line system, located approximately 29 yards from the power pole on the edge of the roadway and above the leachate pond, and extended into the MSW to approximately 43 yards from the power pole The upper trench was approximately 35'xl5'x12-15' deep The lower trench, which had visible leachate pooling during the onsite visit (was being observed for proper drainage), was approximately 20'xl 5'x5' No leachate was observed outside the trench The location of the visible seepage was originally located between those two trenches, at a GPS coordinate location (degrees) c N 35 66699, W -83 00031 6 According to d Bishop and S King, no seepage occurred outside the edge of liner system, all leachate was contained within the liner during repair activities, and all additionally generated Ieachate from the construction activities was pumped directly into the sump piping system which gravity feeds to the leachate collection pond 7 It was discussed during the site audit that in the future, any similar situations should be communicated directly to the compliance branch of the SWS (rather than the permitting branch) and with more expediency in order to allow for visual confirmation of any existing site conditions 8 Additionally, it was noted to S King that the southern side of the MSW active working face, while seeded and with adequate ground cover, was exhibiting erosion conditions which required repair/attention Erosion gullies were observed in multiple locations, with depths of approximately 8-12 inches Please contact me if you have anyAuestions or concerns regarding this audit report Andrea Keller 828-2964700 Delivered on 9/29/08 by hand delivery US Mai] died No U 4T-•WVIFA NCDENR NOH CAROU" DEPARTMENT OF ENVIRONMENT AND NARWAL Fftf&m1ROES FACILITY COMPLIANCE AUDIT REPORT Division of Waste Management Solid Waste Section }UNIT TYPE' (checic`all°that a d 1y to Cis tiditwwith same Permit number) ' "A Lined MSWLF x LCID YW Transfer Compost SLAB COUNTY Haywood PERMIT NO 44 07 Closed HHW White Inctn T&P FIRM MSWLF goods FILE TYPE COMPLIANCE CDLF Tire T&P! I'm ln&5=1 iir:Mti SDTr- collcchon Monofill landfill Date of Audit 11/14/08 Date of Last Audit 09/29/08 FACILITY NAME AND ADDRESS Haywood County Municipal Solid Waste Landfill State Road 1338, White Oak Community Waynesville, N C 28786 GPS COORDINATES N 35 66343 W -82 99866 FACILITY CONTACT NAME AND PHONE NUMBER Stephen. King, Haywood County Solid Waste Director Telephone 828-627-8042 FACILITY CONTACT ADDRESS (IF DIFFERENT) Stephen King, Director Haywood County Solid Waste Department 278 Recycle Drive Clyde, N C 28721 AUDIT PARTICIPANTS Andrea Keller, NCDENR, Division of Waste Management (DWM), Solid Waste Section (SWS) Stephen King, Haywood County Solid Waste Director David Mingus, Jet Clean America STATUS OF PERMIT Active- Permit to Operate issued November 8, 2006 PURPOSE OF AUDIT Partial audit of Municipal solid waste landfill STATUS OF PAST NOTED VIOLATIONS N/A AREAS OF CONCERN AND COMMENTS 1 The NCDENR/DWM/SWS was notified on 9/26/08 of leachate seep and repair activities at the MSWLF The site visit and audit on 9/29/08 documented the trenching and repair activities associated with the leachate seepage FACILITY COMPLIANCE AUDIT Rn.. ORT Division of Waste Management Solid Waste Section Page 2 of 2 2 Additional corrective actions associated with the leachate seep stated that landfill personnel will continue to monitor the area and that the annual cleaning of the leachate system pipmg/sump area will be scheduled for the month of October The actual date of leachate line jetting/cleaning was November 14, 2009 3 During the onsite audit the subcontractor (Jet Clean America) was jetting lines on the NE side of the MSWLF while landfill personnel dug up additional cleanout locations The contractor stated that some blockage was occurring at the location where the jetting lines had become stuck and recommended that camera work be included during next jetting/cleaning event 4 During the previous audit (9/26/08) it was noted that the southern side of the MSW active working face, while seeded and with adequate ground cover, was exhibiting erosion conditions which required repair/attention Most of the erosion gullies had been repaired/filled at the time of this audit However, close attention should be paid to this region in the future Please contact me if you have any questions or concerns regarding this audit report Phone 828-296-4700 Andrea Keller Environmental Senior Specialist Regional Representative Delivered on 12/16/08 by hand delivery US Mail ertified No cc Mark Poindexter, Field Operations Branch Supervisor Deb Aja, Western District Supervisor Donald Herndon, Compliance Officer `4:: � I NCDENRROLINA DEPARTMENT OF ENVIRONMENT"" NRTURM, RIEgDURCES FACILITY COMPLIANCE AUDIT REPORT Division of Waste Management Solid Waste Section IUNIT TYPE�x I in,-d MSWLF X LCID vw X Tran%f r compml X SI As COUNTY Haywood PERMIT NO 44-07 FILE TYPE COMPLIANCE Closed MSWLF HHW White goods lncm UP X FIRM Closed CDLF X TimT&P/ Collection Tin, Monofill [ndusnal Landfill DFMO SDTF Dates of Audit .Tune 23, 26, and 30, 2009 Date of Last Audit 11/14/08 FACILITY NAME AND ADDRESS Haywood County Municipal Solid Waste Landfill State Road 1338, White Oak Community Waynesville N C 28786 Eel:;�YK�Z�]:.dal]:f►/:V:Y:��►1<c�YLXi��r.'�;��i19:�T� FACILITY CONTACT NAME AND PHONE NUMBER Stephen King, Haywood County Solid Waste Director Telephone 828-627-8042 FACILITY CONTACT ADDRESS Stephen King, Director Haywood County Solid Waste Department 278 Recycle Road Clyde, N C 28721 AUDIT PARTICIPANTS Andrea Keller NCDENR, Division of Waste Management (DWM), Solid Waste Section (SWS) Allen Gaither, NCDENR, DWM-SWS (06/23/09) Stephen King, Haywood County Solid Waste Director Denise Baliew Haywood County White Oak Landfill Manager STATUS OF PERMIT Active- Permit to Operate issued November 8 2006 PURPOSE OF AUDIT Partial Audit Closure Inspection of CDLF STATUS OF PAST NOTED VIOLATIONS NIA 4REAS OF CONCERN AND COMMENTS The Section was notified on Monday, June 22nd of a leachate seep and repair activities at the MSWLF The seep occurred in the same region as the issues noted in November of 2008, although higher up the inactive FACILITY COMPLIANCE AUDIT RicrORT Division of Waste Management Solid Waste Section Page 2 of 2 disposal area from the sump/trench work conducted previously Planned inspection of the site was already scheduled for Tuesday, June 23rd 2 During the June 23rd inspection of the MSWI_F, the following statements with regard to the leachate seep were made by S King and D Ballew a During operational hours on Saturday, June 20`h, a leachate seep/slight ponding was observed on the MWSLF Phase One, Cell One, located above the leachate lagoon A certified landfill operator, in attempting to repair the upper slope, excavated/pushed the intermediate cover off the slope The excavation pushed soil, and some soil mixed with waste, outside the waste boundary (dozing through the edge of waste (EOW) stakesj, and exposing waste on the upper slope b Repairs were not completed by the end of the day on Saturday, June 201h and thus some waste was left exposed over the course of the weekend Approximately 2 ih of rain fell on Sunday, June 21" c On the start of the workday on Monday, June 22"d, S King and D Ballew observed the situation at the seep/repair area They stated that while some soil mixed with waste was located outside the liner system, no leachate release had occurred as the upper excavatton/pit captured the seeping leachate (first noted on Saturday) The waste/soil mix was immediately removed and disposed of at the active working face d During repairs on Monday, June 22nd, a trench channel was excavated to direct leachate flow from the upper seep/pit to the existing sump pump near the base of the slope (sump pump installed during side slope repairs from November, 2008) L.eachate was piped (3" and 6" pipes) directly into the leachate lagoon to ensure that no spill -over from the pit could occur It was also noted (by D Ballew) that the valve control to the leachate pond had been adjusted (no knowledge as to when or who altered the valve setting) to almost completely shut 06/23/09 Note that wet weather conditions slowed down repair timeline e Haywood County took immediate corrective actions including the operator responsible for pushing; the intermediate cap plus waste outside the liner system had been placed on administrative leave, retraining of landfill operators, and D Ballew was looking into how to secure the valve control to prevent accidental/unapproved adjustments _ FACILITY COMPLIANCE AUDI r .cEPORT Division of Waste Management Solid Waste Section Page 3 of 3 3 Planned repairs to the area included covering/seeding the exposed slope, laying fill rock in the open trench to create a preferential pathway to the lower sump pump, reshaping the base of the slope to original contours and ditch lines, and replacing the EOW marker 4 Construction of the new cell had begun Dust control measures were to place during the audit D Ballew stated that Land Quality had been on site to review erosion control permits 5 Closure audit of the CDLF was conducted Certified engineering documentation will be provided to Allen Gaither to confirm final grades and cap thickness During site audit, the CDLF area had established vegetation and had erosion control measures in place (including the construction of tiered slopes) 6 Well (potable groundwater well) discussion with D Ballew established that the exiting site well had historically been located within 500-feet of waste disposal areas Unknown as to whether the well was installed poor to waste or post -disposal activities Facility is looking into replacement of the well outside the 500-foot buffer requirement and was advised to discuss abandonment requirements for existing well with Aquifer Protection (Landon Davidson, 828-296-4680) 7 The T&P area for chipping and mulching has been collecting land clearing debris from the new cell construction activities No processed materials noted at site during inspection 8 Follow-up audits on 06/26/09 and 06/30/09 confirmed repairs to the seep area Trench and pits had been filled, all waste had been covered, grading had occurred Remaining items include replacement of EOW marker and reshaping of the ditch previously located at the bottom of the slope, outside the EOW markers FACILITY COMPLIANCE AUDIT RrrORT —� Division of Waste Management Solid Waste Section Page 4 of 4 9 It was noted during the inspection of the working face that the baled waste from the transfer Station was being temporarily located at a MSWLF lift below the working face, then transferred to the working face to be broken up and compacted, adding additional work processes to the waste management risking further damage to equipment (from the freed baling wire) Additionally, the area where the bales were temporarily staged (due to wet weather restrictions on the waste haulers) is experiencing a degradation of the daily cover The more traffic works this area, especially in wet weather conditions, the more this area will become rutted and the more waste will mix with soil This area requires repair and a modification of traffic patterns to avoid violation of the 15A NCAC 13B Section 1626(a) Operational Requirements governing the control of disease, vectors, fires, odors, blowing litter, and scavenging with regards to daily cover, and will be inspected closely on subsequent site inspections Please contact me if you have any questions or concerns regarding this audit report Phone 828-296-4700 Andrea Keller Environmental Senior Specialist Regional Representative Marled on 7Q. /10/09 by hand delivery U5 Mad 1--F No 1 j cc Mark Poindexter, Field Operations Branch Supervisor Deb Aja, Western District Supervisor Donald Herndon, Compliance Officer .v..r r NCDENR NOrrn+ C4 01-1" CEP RTMEW OF izwIpo..E mo N/N Rz9 RCE3 r FACILITY COMPLIANCE AUDIT REPORT Division of Waste Management Solid Waste Section 3 IUNIT TYPE Lined X LCID YW X Transfer Compost X SI AS COUNTY Haywood MSWLF PERMIT NO 44 07 Closed HHW While Incur T&P X FIRM M S W LF I goods FILE TYPE COMPLIANCE Closed X Tire T&PI Tirc Industnal DEMO SDTF CDLF Collccuon Monofiil landfill Dates of Audit 03/30/2010 (multiple site visit,,) Date of Last Audit Report 06/23/09 FACILITY NAME AND ADDRESS Haywood County Municipal Solid Waste Landfill State Road 1338 White Oak Community Waynesville N C 28786 GPS COORDINATES N 35 66343 W -82 99866 FACILITY CONTACT NAME AND PHONE NUMBER Stephen King, Haywood County Solid Waste Director Telephone 828-627-8042 'ACILITY CONTACT ADDRESS Stephen King, Director Haywood County Solid Waste Department 278 Recycle Drive Clyde, N C 28721 David Cotton, County Manager 215 N Main Street Waynesville, NC 28786 AUDIT PARTICIPANTS Andrea Keller, NCDENR, Division of Waste Management (DWM), Solid Waste Section (SWS) Bill Wagner, NCDENR, DWM, SWS (08/21/09) Paul Cnssman NCDENR DWN, SWS (03/30/10) Stephen King Haywood County Solid Waste Director (08/07/09 08/22/09 08/25/09 3/30/10) Denise Ballew, Haywood County White Oak Landfill Manager (08/22/09, 08125/09, 3/30/10) Jeff Bishop McGill & Associates (08/25/09) Dave Pasco, McGill & Associates (08/25/09) STATUS OF PERMIT Original Permit to Construct July 22 1992 Original Permit to Operate October 8, 1993 Permit Amendment June 30 1999 'ermit Amendment November 27, 2001 ?ermit Amendment/PTO November 8, 2006 Permit Amendment /Modification PTC Phase 3 May 5, 2009 FACILITY COMPLIANCE AUDIT RjL eORT Division of Waste Management Solid Waste Section Page 2 of 2 PURPOSE OF AUDIT Comprehensive Audit STATUS OF PAST NOTED VIOLATIONS N/A NOTEI) VIOLATIONS 15A NCAC 13B 1626 Operational Requirements for MSWLF Facilities states The owner or operator of any MSWLF unit must maintain and operate the facility in accordance with the requirements set forth in this Rule and in the operation plan as described in Rule 1625 of this Section 15A NCAC 13B 1626 (1)(g)(u) states waste placement at existing MSWLF units designed and constructed with a base liner system permitted by the Division prior to October 9, 1993 and approved for operation by the Division shall be within the areal limits of the base liner system and in manner consistent with the effective permit 15A NCAC 13B 1626 (8)(d) states leachate shall be contained on site or properly treated prior to discharge A NPDES permit may be required prior to the discharge of leachate to surface waters Haywood County self -reported waste outside of the base liner system on August 6 2009 During the August 7 2009 audit, and ensuing follow-up site inspections, it was estimated that the violation occurred during the 2001-2003 time frame in Areas 1 and 2 (see map below) On August 21 2009, a site inspection documented leachate release off the base liner system in both Area 1 and Area 2 The release occurred onto soils already impacted by the waste outside of the liner in the Phase 3 expansion region Removal of waste outside the liner system was completed by August 25, 2009 Assessment activities relating to the leachate-impacted soils in the Phase 3 expansion region were directed by a Section hydrogeolgist and were completed and reported to the Section by October 28, 2009 Haywood County was in violation of 15A NCAC 13B 1626 (1)(g)(u) for waste placement outside of the base liner system and was in violation of 15A NCAC 13B 1626 (8)(d) for failure to contain leachate on site, within the base liner system, that was not properly treated prior to discharge In order to achieve compliance, Haywood County must, within 30 days, submit a plan detailing actions the County will take to prevent waste outside of the base liner system during future rill activities associated with all current and future waste disposal activities Other actions may be required of the Division at a later date 15A NCAC 13B 1626 (2)(c) states Areas which will not have additional wastes placed on them for 12 months or more, but where final termination of disposal operations has not occurred, shall be covered with a minimum of one foot of intermediate cover During the August 2009 activities associated with the self -reported waste outside of liner violation intermediate soil cover was removed from several locations (in Phase 1 and Phase 2 fill areas) Follow-up site inspections documented the uncovered waste in Areas I and 2 (see map below) The inspection conducted on March 30 2010 confirmed the lack of intermediate sotl cover in these regions Haywood County is in violation of 15A NCAC 13B 1626 (2)(c) for failure to replace the nunimum of one foot of intermediate soil cover over exposed waste resulting from activities in August 2009 In order to achieve compliance, Haywood County must, within 30 days, place a minimum of one foot of intermediate soil cover over all exposed waste in Area 1 and Area 2 FACILITY COMPLIANCE AUDI, ..SPORT — Division of Waste Management Sohd Waste Section Page 3 of 3 15A NCAC 13B 0203 (d) states that by receiving solid waste at a permitted facility, the permittee(s) shall be considered to have accepted the conditions of the permit and shall comply with the conditions of the permit In the Municipal Solid Waste Landfill Facility Permit No 44 07 Permit to Operate and Permit to Construct, dated May 5, 2009 the following conditions are outlined PART IV General Permit Conditions 5 By initiating construction or receiving waste at this facility the permittee shall be considered to have accepted the terms and conditions of this permit 6 Construction and operation of this solid waste management facility must be in accordance with the Solid Waste Management Rules 15A NCAC 13B, Article 9 of the Chapter 130A of the North Carolina General Statutes (NCGS 130A-290, et seq ), the conditions contained in this permit, and the approved plan Should the approved plan and the rules conflict, the Solid Waste Management Rules shall take precedence unless specifically addressed by permit condition ATTACHMENT 2 Conditions of Permit to Construct PART I Municipal Solid Waste Landfill Unit Specific Conditions Geologic, Ground Water and Monitoring Requirements 12 Any modification to the approved water quality monitoring sampling, and analysis plan must be submitted to the Section Hydrogeologist for review ATTACHMENT 3 Conditions of Permit to Operate Monitoring and Reporting Requirements 7 Groundwater, surface water, and methane monitoring locations must be established and monitored as identified in the approved plans During the March 30, 2010 Comprehensive Audit of the facility, and ensuing document reviews it was revealed that several wells (groundwater and landfill gas) documented as part of the approved monitoring system had been destroyed in the August -September 2009 time frame without notification to the Section Proper abandonment of these wells was not conducted and submitted site plans did not accurately reflect site conditions at the time of submittal Haywood County is in violation of 15A NCAC 13B 0203 (d) for failure to abide by General Permit condition No 6, Permit to Construct condition No 12 and Permit to Operate condition No 7 in that modifications to the approved Environmental Monitoring Plan were conducted without Section approval In order to achieve compliance, Haywood County must, within 30 days, submit updated site maps which reflect accurate well locations for both groundwater monitoring wells and landfill gas wells Additionally, any modifications to the current approved Environmental Monitoring Plan, including but not limited to the destruction, replacement, and/or abandonment of any wells on site, must be communicated in writing to the Section Hyrdogeologist for review As the current explosive gas monitoring language and associated site maps found in the Permit to Construct do not reflect current site conditions, a stand-alone Landfill Gas Monitoring Plan is required This Landfill Gas Monitoring Plan must be submitted to the Section for review, within 60 days, in accordance with 15A NCAC 13B 1626 (4) and shall include, at a minimum, landfill gas well construction diagrams, a site map indicating existing and proposed landfill gas wells, a schedule for installation for all proposed well locations, and a monitoring data collection sheet indicating all site wells and reporting standards Other actions may be required by the Division at a later date FACILITY COMPLIANCE AUDIT RLrORT Division of Waste Management Solid Waste Section Page 4 of 4 You are hereby advised that, pursuant to N C G S 130A 22, an administrative penalty of up to $15,000 per day may be assessed for each violation of the Solid Waste Statute or Regulations For the violation(s) noted here, you maybe subject to enforcement actions including penalties, injunction from operation of a solid waste management facility or a solid waste collection service and any such further relief as may be necessary to achieve compliance with the North Carolina Solid Waste Management Act and Rules AREAS OF CONCERN AND COMMENTS August 6-7, 2009 I The Section was notified on 08/06/09 (verbal communication from S King) that during the Phase. 3 construction activity waste was discovered outside the liner system (Phase 1, Cell 2 to Cell 4junction and at the sump pump at the eastern edge of Phase 2) 2 During the Site inspection on 08/07/09, two areas of concern were noted Area 1 is at the junction of Phase 1, Cells 2 and 4 It was estimated (by McGill and S King) that this region was actively receiving waste in the 2000-2002 timeframe Area 2 is located near a sump pump/cleanout line in the Phase 2 portion of the MSWI.F 1 \ 1 � 1 PNA5E i I lilai� I spy N M,TIE&n FOR CONSTRUCTION 5 _ _ BHEET Noted during Site audit a The county had taken the initiative to collect a water sample From the Phase 3 under -drain system in order to verify that leachate had not impacted the water collecting in the basin of the Phase 3 construction b It was communicated that Haywood County needed to directly contact Ervin bane, DENR DWM SWS hydrogeologist assigned to 44-07, regarding required assessment activities for impacted areas FACILITY COMPLIANCE AUDIEPORT Division of Waste Management Solid Waste Section Page 5 of 5 c Not all waste was cleared from the comer junction of Area I at the time of the site inspection (some waste outside of liner), and waste appeared to have been spread outside the liner in Area 2 However, the Area 2 waste appeared to be incidental (mixed with soil — unable to determine cause of waste in this area) It was communicated that this waste needed to be removed from outside the liner (brought back up to the working face for proper disposal) d In Area 1, during the attempt to uncover the liner system (in order to tie-in the liner with the new Phase 3 liner system) a vertical wall of waste was exposed No dimensions were noted as to how far the waste exceeded the liner system The vertical "wall" of waste was approximately 20-25' in height and, during the time of the audit, extended onto the edge -of -liner shelf Edge of Liner Shelf, Area 1 e It was stated (by Haywood County) that this area would be amended to pull the waste further back off the liner (in order to stabilize the area) It was communicated to Haywood County that from a compliance standpoint, the critical elements were remove all waste from outside the liner system, contain all leachate within the liner, and manage the waste and impacted soils (return them to the working face) August 21-22, 2009 1 On site with Bill Wagner (8/21/09) to follow-up on waste removal/leachate containment 2 Area 1 exhibited leachate seeps from the vertical wall (exposed during attempt to clear to liner of Phase 1) Leachate was leaving the liner system during the inspection and contacting soils in the new Phase 3 area in the region which had liner 08/21 /09 The County was notified that the existing leachate containment was not adequate A follow-up meeting with the County was conducted on 8/22/09 to discuss containment actions FACILITY COMPLIANCE AUDIT Rr,rORT Division of Waste Management Soled Waste Section Page 6 of 6-- • The County and Thale (contractors for Phase 3-4 expansion) had continued to dig out the Area 2 sump pump region to verify the edge -of -liner (slope and ram events making progress difficult) • The County had dug a ditchlcontainment berm in the sump area to contain the flow of leachate during pumping activities, • Approximately 480,000 gallons of leachate pumped from this sump area to the leachate pond over the course of June and July to avoid leachate discharge in Area 2 August 25, 2009 1 On site to discuss containment options County actions taken • Continuous leachate pumping of the sump area (Area 2), • Plans were in place to bypass the pump and tie in 2 lines temporarily to direct pump to leachate lagoon (will require approval by permitting), • Purchase of an electric submersible pump for continuous pumping from various locations across Phase I and Phase 2, • Waste to be removed from Junction location (above Area 1) to improve slope (being brought to the working face) County stated that Thale is being utilized to move waste back to the working face, and • All exposed waste injunction area would be covered with plastieltarps, and waste hauling would be completed by the end of the week Section (A Keller) to County in conclusion • All waste outside liner must be removed (as best as can be determined, and safely) • Area 2 needs additional effort to uncover liner edge, • Leachate control should be the number one priority, • Uncovered waste on the slopes above Area 1 and Area 2 require attention/soil cover, • Continue to communicate with the Section on all activities/improvements, and • Contact Ervin Lane immediately to discuss assessment options/requirements October 28., 2009 update White Oak LF submitted an assessment report to the Section regarding the waste outside of hnerlleachate release at Areas 1 and 2 November 10.2009 update verbal approval was given from the Section to the County regarding the assessment report and the continued construction of the Phase 3 expansion It was stated that additional monitoring may be required at a later date but that no further soil sampling was required to Areas 1 and 2 November 20, 2009 update Large storm/excessive rains hit area County update included a Area l leachate contained within liner Area 2 sump area being pumped with vac truck/tanker with approximately 1000-4000 gallons removed/day, leachate contained within liner Extra tank (for leachate) placed at leachate pond in order to increase capacity Approixmately 1 25 million gallons of leachate hauled to Evergreen WWTP over course of leachate event March 30, 2010 I On site to conduct Comprehensive Audit of the White Oak LF (A Keller P Cnssman S King, D Sallew) 2 Permit to Construct authorized May 5, 2009 3 Service area is Haywood County leachate treated at the Waynesville WWTP, and recirculation of leachate is only approved as an emergency management technique 4 Waste screening is conducted at the LF working face (I % = I load per day) Waste screening records were reviewed at the scale house Approval was granted to dispose of several years worth of screening records (it was suggested that records could be kept between audit reviews and for approximately the previous six months of operation) - FACILITY COMPLIANCE AUDIEPORT — Division of Waste Management Solo! Waste Section Page 7 of 7 5 Asbestos is accepted on Thursdays only at designated areas, non-fnable only and with advance warning 6 Approved Alternative Daily Covers (ADC) tarps only at this time County has been approved to conduct a demonstration period for a soil/mulch ADC mixture but demonstration has not been conducted at the time of the audit 7 Waste tonna es were reviewed for the previous six months of operation Month Waste Acceptance (tons) Set '09 3925 Oct '09 4035 Nov `09 3606 Dec '09 3426 Jan '10 3227 Feb '10 3113 8 Tramine records were reviewed LF Operator Expiration Date Ronnie Wilson 5/3/2010 (LF Operator) Billy Owenby 8/21/2012 (LF Operator) Gregory Cordell 8/21 /2012 (LF Operator) Denese Ballew 8/9/2011 (MOLD) Stephen Kin 5/25/2010 (MOLO) 9 Access roads at the facility are required to be maintained in good condition The Phase 3 construction activities had impacted the access roads the landfill and continued maintenance is advised 10 Groundwater and Landfill Gas Monitoring The current (approved) Operations Plan (submitted with the PTC application dated May 5, 2009) was reviewed PIease note that the section on explosive gas control referenced Appendix 3 — titled Explosive Gas Control Plan for Haywood County White Oak Landfill It appears as though this Appendix 3, the current governing document for the LF is appears to be the same plan that was submitted in the original PTC/PTO time frame (1992-93) The only map of LFG available at the time of the audit was a DSAtlantic figure (dated September 7, 1994) that depicted six LFG wells (LFG-1 through LFG-6) According to the LFG monitoring data the following data was recorded LFG- l LFG-2 LFG-3 LFG-4 LFG-5 LFG-6 3/30/2009 X X X X X X 6/26/2009 X X X Closed Closed Closed 9/29/2009 X X Closed Closed Closed Closed According to the Overall Site Plan (Sheet Cl in PTC and also included in the approved Environmental Monitonng Plan) the following LFG wells are noted LFG-1, LFG-4, LFG-6 and the proposed LFG-7 through LFG-10 Ensuing conversations with site personnel indicated that LFG-4 was destroyed by accident/part of grading below the leachate pond (as well as MW-3 and MW-3D) It also appears that perhaps LFG-4 was mistaken for LFG-3 during the June 26, 2009 sampling event The destruction of these three wells was not communicated to the Section and proper abandonment was unable to be conducted Additionally, it was not communicated that LFG-3, LFG-4 MW-3, and MW-313 were in the path of construction and would require replacement The submitted maps do not reflect current site conditions Issues of note • The submitted Explosive Gas Control Plan did not reflect the current site condition, • The submitted Environmental Monitonng Plan contained maps that did not reflect the current site conditions at the time 0 LFG-2 (in existence as of 3/30/09) was missing from submitted documentation, Page 8 of 8 FACILITY COMPLIANCE AUDIT Rjr,,-ORT Division of Waste Management Solid Waste Section • LFG-3 and LFG-5 were missing from submitted documentation, • LFG-4 was destroyed without proper abandonment This well, according to approved documents, was intended to be part of the monitoring network • The most recent GW monitoring report stated that MW-4A was damaged and unable to be sampled, and • Recent communication to the Section discussed damage to MW-9 Please contact the Section Hydrogeologist (Zinith Barbee, 919-508-8401) to resolve this issues regarding abandonment of wells, replacement of wells, and correction of associated documentation Environmental Monitoring Plan In addition, an updated and accurate Landfill Gas Monitoring Plan should be submitted for approval by the Section 1 1 Areas 1 and 2 noted above, did not have adequate soil cover in place on the intermediate sections of the existing Phase/cell regions at the time of the audit While these regions have steep unstable slopes due to the excavation to uncover the liner (for the Phase 3 expansion), the areas are required [I 5A NCAC 13B 1626 (2)(c)] to have one foot of intermediate soil cover in place y Area 2 03/30/10 12 The treatment and processing area (grinding of land clearing debris) exhibited a large amount of stockpiled raw material in place during the audit (no grinding had occurred) This area needs to be maintained and operated such that materials are processed and ut1hLed on site 13 items 9, 11 and 12 refer to facility requirements which involve manpowerAtaffing Rule 15A NCAC 13B 1604 General Requirements for MSWLF Facilities states in Section (b)(2)(1) Proper Operation and Maintenance proper operation and maintenance includes effective performance, adequate funding, adequate operator staffing and training and adequate laboratory and process controls, including appropriate quality assurance procedures The FACILITY COMPLIANCE AUDI. cEPORT Division of Waste Management Solid Waste Section Page 9 of 9 County may wish to review the funding and staffing of this facility in order to insure that adequate staffing is available to properly maintain the facility in compliance with all Division requirements Please contact me if you have any questions or concerns regarding this audit report '5d� Phone 828-296-4700 Andrea Keller Environmental Senior Specialist Regional Representative Mailed on 05/11/10 by hand delivery US Mail Stephen King Certified No [7006 2150 0005 2458 92111 David Cotton Certified No [7006 2150 0005 2458 9235] cc Mark Poindexter, Field Operations Branch Supervisor Deb Aja, Western District Supervisor Donald Herndon, Compliance Officer Zenith Barbee, Section Hydrogeologist Ed Mussler, Permitting Branch Manager !F a+' ;Y NCDENR ww" CG-our.. 0WOM&K14 OF E"vom"Miw "o NRURY. HEsauRCEs FACILITY COMPLIANCE AUDIT REPORT Division of Waste Management Solid Waste Section UNIT TYPE ra Mr ,9�'i t l ✓ < '� ;�k of ni Lined X t C[[) rw X Transfer Compost X SI AS COUNTY Haywood MSWLF PERMIT NO 44 07 Closed E111W White Incur '1&1' X FIRM MS W LF goods FILE TYPE COMPLIANCE Closed X Tire TV/ Tire Industrial DEiMO SDTF CDLF Collection Monofill Landfill Dates of Audit 06/11/10 Date of Last Audit Report 03/30/10 FACILITY NAME AND ADDRESS Haywood County Municipal Solid Waste Landfill State Road 1338, White Oak Community Waynesville, N C 28786 CPS COORDINATES N 35 66343 W -82 99866 FACILITY CONTACT NAME AND PHONE NUMBER Stephen King, Haywood County Solid Waste Director Telephone 828-627-8042 FACILITY CONTACT ADDRESS Stephen King, Director Haywood County Solid Waste Department 278 Recycle Drive Clyde, N C 28721 David Cotton, County Manager 215 N Main Street Waynesville, NC 28786 AUDIT PARTICIPANTS Andrea Keller, NCDENR, Solid Waste Section (SWS) Deb Aja, NCDENR, SWS Denise Ballew, Haywood County White Oak Landfill Manager STATUS OF PERMIT Original Permit to Construct July 22, 1992 Permit Amendment /Modification PTC Phase 3 May 5, 2009 PURPOSE OF AUDIT Partial Audit STATUS OF PAST NOTED VIOLATIONS RESOLVED 15A NCAC 13B 1626 (1)(g)(n) for waste placement outside of the base liner system RESOLVED 115A NCAC 13B 1626 (8)(d) for failure to contain leachate on site within the base liner system that was not properly treated prior to discharge FACILITY COMPLIANCE AUDIT Ri.. ORT Division of Waste Management Solid Waste Section Page 2 of 2 ONGOING 15A NCAC 13B 1626 (2)(c) for failure to replace the minimum of one foot of intermediate soil cover over exposed waste resulting from activities in August, 2009 In order to achieve compliance, Haywood County must, within 14 days, submit, in writing, a plan to address the lack of intermediate soil cover This plan should be submitted to the Solid Waste Section Permitting Branch, Allen Gaither at the Asheville Regional Office ONGOING 15A NCAC 13B 0203 (d) for failure to abide by General Permit condition No 6 Permit to Construct condition No 12, and Permit to Operate condition No 7 in that modifications to the approved Environmental Monitoring Plan were conducted without Section approval As the current explosive gas monitoring language and associated site maps found in the Permit to Construct do not reflect current site conditions, a stand-alone Landfill Gas Monitoring Plan is required This Landfill Gas Monitoring Plan must be submitted to the Section for review, by July 12, 2010, in accordance with 15A NCAC 13B 1626 (4) and shall include, at a minimum, landfill gas well construction diagrams, a site map indicating existing and proposed landfill gas wells, a schedule for installation for all proposed well locations, and a monitoring data collection sheet indicating all site wells and reporting standards NOTED VIOLATIONS You are hereby advised that, pursuant to N C G S 130A-22, an administrative penalty of up to $15,000 per day may be assessed for each violation of the Solid Waste Statute or Regulations For the violation(s) noted here, you may be subject to enforcement actions including penalties, injunction from operation of a solid waste management facility or a solid waste collection service and any such further relief as may be necessary to achieve compliance with the North Carolina Solid Waste Management Act and Rules AREAS OF CONCERN AND COMMENTS The site inspection of 06/1 1/10, conducted by A Keller and D Aja, was scheduled as a follow-up inspection to the Notice of Violations generated from the 03/30/10 comprehensive site inspection 2 During the site inspection on 08/07/09, two areas of concern were noted Area 1 is at thejunction of Phase 1, Cells 2 and 4 It was estimated (by McGill and S King) that this region wa,, actively receiving waste in the 2000-2002 timeframe Area 2 is located near a Sump pump/cleanout line in the Phase 2 portion of the MSWLF l E L` Page 3 of 3 FACILITY COMPLIANCE AUDI PORT Division of Waste Management Solid Waste Section 1 Area 1 A AA M � il0 Area 2 1 7 / 3 Substantial work had been conducted in Area 1 since the previous inspection Excavation, soil cover, and grading had been conducted in order to cover all ex osed wastes 06/11/10 4 Area 2 The north side of Phase 2 had experienced substantial saturation and slumping during the excavation process In efforts to control leachate release and surface water impact,,, the County had attempted to place tarps over the exposed waste regions (see photo below) Additionally, the Phase 3 rain cover tarp (white) which separates surface water from the leachate collection system (liner system with gravel) had been arranged such that leachate leaving the exposed waste would be directed to the gravel/liner base system rather than the surface water collection system FACILITY COMPLIANCE AUDIT RtrORT Division of Waste Management Solid Waste Section Page 4 of 4 Height of slope is approximately 50 feet from the lowest point (sump pump region) to the first tier of the Slope The County has attempted to place soil cover (intermediate soil cover) over the slope, filling from above The slope still exhibits instability due to the saturation of the soils The previously cited NOV for 15A NCAC 13B 1626 (1)(g)(ii) and 1626 (8)(d) has been resolved In order to achieve compliance, Haywood County, within 30 days of receipt of the NOV, responded in writing with steps the County will take to prevent waste being placed outside the liner limits In addition to training activities, the County had installed concrete liner edge markers around the Phase 3 waste area and plans to install the concrete markers around the remaining edge -of -waste regions by June 30, 1010 (see photo below) FACILITY COMPLIANCE AUDI ..,EPORT 1 Division of Waste Management Solid Waste Section Page 5 of 5 06/11/10 6 Ongoing NOV for 15A NCAC 13B 1626 (2)(c) was discussed with McGill Associates and Denese Ballew on 06/09/10 The Section granted an extension on the original compliance deadline, pending the receipt of a plan to address the lack of intermediate soil cover 7 Ongoing NOV for 15A NCAC 13B 0203 (d) for failure to abide by permit conditions Partial resolution has been made of this NOV in that McGill Associates, on behalf of Haywood County, submitted an updated site map which reflected current site conditions Additionally, all modifications, replacements, etc of the monitoring well network (landfill gas wells and groundwater monitoring wells) has been communicated to the Section Hyrdogeologist (Zenith Barbee) Final resolution of this NOV requires the County to submit a stand-alone Landfill Gas Monitoring Plan The compliance deadline for this plan is currently July 12, 2010 8 Access roads at the facility have been repaired since the previous site inspection and the completion of the Phase 3 construction activities All roads were functional and in good condition 9 Windblown fencing was in place and the site was free of excessive windblown materials 10 The operators were managing a small working face, compaction was ongoing, and daily soil cover appeared adequate 11 Staffing had increased since the previous site inspection The facility appeared well -managed, traffic flow was controlled with barriers and signs at the active working face 12 Since the previous site visit, all materials located at the treatment and processing area (land clearing and yard waste) had been ground in preparation for use in their ACM demonstration project The County had submitted a request to conduct a 3 l soil/mulch ACM demonstration project Approval for this ACM demonstration period was granted in a letter dated June 16, 2010 with a completion date of October 15, 2010 13 The County intends to construct a public drop-off location (convenience center) within the facility property boundary This activity must be captured in the Permit and Operations Plan Please contact FACILITY COMPLIANCE AUDIT k�eORT Division of Waste Management Solid Waste Section Page 6 of 6 Allen Gaither (Solid Waste Section Permitting Engineer, allen_pai_t_hLr@_ncdenr ov) to discuss Section requirements for this modification to the facility Please contact me if you have any question, or concerns regarding this audit report —� Phone 828-296-4700 Andrea Keller Environmental Senior Specialist Regional Representative Mailed on 0647110 by hand delivery US Mail Certified No ec Mark Poindexter, Field Operations Branch Supervisor Deb Aja, Western District Supervisor Donald Herndon, Compliance Officer Zinith Barbee, Section Hydrogeologist Ed Mussler, Permitting Branch Manager Allen Gaither, Permitting Engineer NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WAS I E MANAGEMENT SOLID WASTE SECTION ADMINISTRATIVE CONSENT AGREEMENT AND SETTLEMENT IN RE HAYWOOD COUNTY The North Carolina Department of Environment and Natural Resources through its Division of Waste Management, Solid Waste Section (the "Division"), and Haywood County ("County") hereby enter into this Administrative Consent Agteement and Settlement ("Agreement") in order to amicably resolve matters which arise out of a Compliance Order with Administrative Penalty (`Complian(,e Order") issued by the Division to Haywood County on July 15, 2010, with an administrative penalty of $39,375 00 plus investigative costs of $754 10, for a total amount owed of $40,129 10 lhc, Division issued this Compliance Order with Administrative Penalty pursuant to the North Carolina Solid Waste Management Act, and the rules which implement the act, for violations more specifically described in the Compliance Order Haywood County requested and received an opportunity to engage in an informal conference to discuss the allegations presented in the compliance order Based on the facts and evidence presented as a icsult of the informal conference, Haywood County and the Division have reached a settlement with a reduction of the penalty and the terms for compliance Haywood County will not file a petition for a contested case hearing pursuant to N C G S § 130A-22(e) The July 15, 2010, Compliance Order with Administrative Penalty will constitute a final agency decision The Division and Haywood County agree to the following settlement A Haywood County agrees to pay the reduced sum of Thirty Two Thousand Seven Hundred and Fifty Four Dollars and Ten Cents ($32,754 10), which constitutes the entire reduced amount owed an administrative penalty of $32,000 00 plus investigative costs of $754 10 Payment of this sum of $32,754 10 shall be made by money order or certified check payable to the North Carolina Department of Environment and Natural Resources, Division of Waste Management and sent to the Attention of Compliance Officer, Division of Waste Management, Solid Waste Section, 1646 Mail Service Ccntcr, Raleigh, N C 27699-1646 The $32,754 10 payment is due within 60 days of Haywood County's execution of this Agreement B The Division agrees to accept payment of $32,000 00 foi the penalty plus the investigative costs of $754 10 as full and complete discharge of the obligation to pay the original penalty amount of $39,375 00, provided that the County remits payment in accordance with paragraph A In the event of default, the Division shall deliver written notice to the, County of its default Such notice shall be deemed delivered upon placement in the United States Mail postage prepaid and addressed to the County c/o its County Manager, Haywood County, NC If the County fails to cure its default within ten (10) days of the Division's wiitten notice, the unpaid original assessed penalty of $39,375 00 plus the investigative costs of $754 10 shall become immediately due and payable C Haywood County expressly stipulates and acknowledges that by entering this Agreement, it waives all defenses to collection of the penalty and that the issue in any action to collect said penalty will be limited to the payment or non-payment thereof in accordance with the terms of this Agreement D The Division acknowledges that Haywood County completed Condition of Compliance Number l and has submitted documents for review for Condition of Compliance Numbers 3 and 4, as required by the Compliance Order dated July 15, 2010 Haywood County agrees to comply with the following Conditions for Compliance, which replace specific Conditions of Compliance in the Compliance Order dated July 15 2010 (a) Condition of Compliance 2 Within 30 days of issuance of the, Permit to Opet ate for 44-07 Phase 3, place a minimum of one foot of intermediate soil cover over all areas where waste was exposed during activities relating to the August 2009 discovery of waste outside the, base liner system (b) Condition of Compliance 3 Within 30 days of execution of this Agreement, Submit a detailed plan, including a timetable, to locate and properly abandon MW-3, MW- 3D, MW-9 and LPG-4, or, for any wells that cannot be located and properly abandoned Submit a detailed Justification to Andrea Keller, Environmental Senior Specialist, and, to Zinith Barbee, Permitting Branch Hydrogeologist, for review and approval Zinith Barbee Permitting Branch Hydrogeologist, SWS Raleigh Regional Office 1601 Mail Service Center Raleigh, NC 27699-1601 Andrea Keller Environmental Senior Specialist Asheville Regional Office 2090 US Highway 70 Swannanoa, NC 28778 (c) Condition of Compliance 4 Within 30 days of a request by DENR, provide any information, documents, or revisions pertaining to the Landfill Gas Monitoring Plan Submitted for icvicw in accordance with the Condition of Compliance Number 4 in the Compliance Order dated July 15, 2010 The submittals should be sent to Andrea Keller and Zinith Barbee E Nothing in this Agreement shall restrict the right of DCNR, the Division, or the Solid Waste Section to initiate any action against Haywood County for any new or other violation of the North Carolina Solid Waste Management Act, the North Carolina Solid Waste Management Rules, or any other law or rule Haywood County acknowledges that, pursuant to N C G S 130A-22, each clay of a continued violation of any i equirement of the North Carolina Solid Waste Management Act, the solid waste management rules, or any order issued under the act or rules constitutes a separate violation for which a penalty of up to $15,000 00 per day may be imposed F `1 his Agreement may not be amended orally or by performance Amendments must be made in written form and signed by duly authorized representatives of both the Division and the County G The parties irrevocably waive any right to appeal from this Agreement, assuring such right exists, except that either party may, at its option, seek judicial intervention to enforce the terms of this Agreement 11 The parties agree and acknowledge that this Agreement sets forth all terms and conditions between them concerning the subject matter of this Agreement, and that there are no terms or conditions between the parties except as specifically set forth herein This Agreement is effective on the last date that any signatory to the Agreement shall affix his or her signature In WITNESS WHEREOF, the parties hereby agree to the preceding terms as evidenced by the signatures forth below Paul S Ciissman, Chief Solid Waste Scetion Division of Waste Management David Cotton, County Manager Haywood County Date Date - `r *i' NCDENR NJ H C;AROLINA DEPARTMENT OF Ew RO-EW ANu NAruRAL RraouncEs FACILITY COMPLIANCE AUDIT REPORT Division of Waste Management Solid Waste Section Grtcd MSWL.F X LC D vw X Transfer compost X I sl_As COUNTY Haywood PERMIT NO 44-07 FILE TYPE COMPLIANCE Closed WWI F HHW White onds lncin T&P X FIRM Closed CDLF X TrrcT&PI Collcctwn Tire Monafill Industrial Landfill DEMO SDTF Dates of Audit 09/21 /10 Date of Last Audit Report 06/11/10 FACILITY NAME AND ADDRESS Haywood County Municipal Solid Waste Landfill State Road 1338 White Oak Community Waynesville, N C 28786 GPS COORDINATES N 35 66343 W -82 99866 FACILITY CONTACT NAME AND PHONE NUMBER Stephen King, Haywood County Solid Waste Director Telephone 828-627-8042 FACILITY CONTACT ADDRESS Stephen King, Director Haywood County Solid Waste Department 278 Recycle Drive Clyde, N C 28721 AUDIT PARTICIPANTS Andrea Keller, NCDENR, Solid Waste Section (SWS) Stephen King, Haywood County SW Director STATUS OF PERMIT Original Permit to Construct July 22, 1992 Permit Amendment /Modification PTC Phase 3 May 5, 2009 PURPOSE OF AUDIT Partial Audit STATUS OF PAST NOTED VIOLATIONS RESOLVED (06/11/10) 15A NCAC 13B 1626 (1)(g)(n) for waste placement outside of the base liner system RESOLVED (06111/10) 15A NCAC 13B 1626 (8)(d) for failure to contain leachate on site, within the base liner system, that was not properly treated prior to discharge (ESOLVED 15A NCAC 13B 1626 (2)(c) for failure to replace the minimum of one foot of intermediate Soil cover over exposed waste resulting from activities in August, 2009 FACILITY COMPLIANCE AUDIT RL. ORT Division of Waste Management Solid Waste Section Page 2 of 2 RESOLVED 15A NCAC 13B 0203 (d) for failure to abide by General Permit condition No 6, Permit to Construct condition No 12, and Permit to Operate condition No 7 in that modifications to the approved Environmental Monitoring Plan were conducted without Section approval Note The required Landfill Gas Monitoring Plan was suhmitted to the Section for review on July 12, 2010 The Plan is currently under review and is not considered approved at this time NOTED VIOLATIONS You are hereby advised that, pursuant to N C G S 130A-22, an administrative penalty of up to $15,000 per day may be assessed for each violation of the Solid Waste Statute or Regulations For the violation(s) noted here, you may be subject to enforcement actions including penalties, injunction from operation of a solid waste management facility or a solid waste collection service and any such further relief as may be necessary to achieve compliance with the North Carolina Solid Waste Management Act and Rules AREAS OF CONCERN AND COMMENTS 1 The site inspection of 09/21/10, conducted by A Keller, was scheduled as a follow-up inspection to the Notice of Violations generated from the 03/30/10 comprehensive site inspection and as a follow-up to the fire occurrence notification 2 With regards to resolution for 15A NCAC 13B 1626 (2)(c), the following two areas of concern were noted Area 1 was at the junction of Phase 1, Cells 2 and 4, and met soil cover requirements during the 06/11/10 site inspection Area 2 was located near the sump pump/cleanout line in the Phase 2 portion c the MSWLF, and was actively being worked on during the previous inspection to achieve compliance Area 2 had been covered with intermediate soil coy Additionally, the Phase 3 rain cover tarp (white) which separates surface water from the leachate collection system (liner system with gravel) had been arranged such that any leachate leaving the Phase 2 region would be directed to the gravelfliner base system rather than the surface water collection system Stormwaterlrunoff was collected in the basin of Phase 3, on top of the rain cover tarp (per design) Due to previous issues with leachate and exposed waste in the Area 2 region, the County (S King) had contracted for water samples to be collected and analyzed in order to verify that no leachate contamination had reached the stormwater catch basin FACILITY COMPLIANCE AUDI i AEPORT Division of Waste Management Solid Waste Section Page 3 of 3 4 Thale Construction Co Inc had been contacted to repair their recent construction of a secondary containment line leading from Phase 3 to the leachate pond, which had failed in two locations 5 Access roads at the facility have been maintained since the previous site inspection and the completion of the Phase 3 construction activities All roads were functional and in good condition 6 The operators were managing a small working face, compaction was ongoing, and daily soil cover appeared adequate The facility appeared well -managed, traffic flow was controlled with barriers and signs at the active working face, and the site was free of excessive windblown materials Materials located at the treatment and processing area (land clearing and yard waste) had been ground in preparation for use in their ACM demonstration project The County had submitted a request to conduct a 3 1 soil/mulch ACM demonstration project Approval for this ACM demonstration period was granted in a letter dated June 16, 2010 with a completion date of October 15, 2010 8 According to the verbal notification (received on 9/18110), a fire occurred at the working face, after hours, on Saturday, September 18, 2010 The fire was small, localized, and extinguished within approximately 15 minutes of the arrival of emergency response vehicles (per S King) Source/cause of fire was unknown Note written notification (fire occurrence reporting form) is required within 14 days of the incident Please contact me it you have any questions or concerns regarding this audit report Phone 828-296-4700 Andrea Keller Environmental Senior Specialist Regional Representative Mailed on 09/23/10 by hand delivery US Mail Certified No cc Mark Poindexter, Field Operations Branch Supervisor Deb Aja, Western District Supervisor Donald Herndon, Compliance Officer Zinith Barbee, Section Hydrogeologist 1� NCDENR/. NORTH CAROLINA [)EP NIENT OF ENVIRONMENT "o NATURAL RESOURCES FACILITY COMPLIANCE AUDIT REPORT Division of Waste Management Solid Waste Section IUN1T T,V,1V —y I � V, I v ` - ro, Lined MSWLF X LCID YW X Transfer Compost X SLAS COUNTY Haywood PERMIT NO 44-07 FILE TYPE COMPLIANCE Closed MSwI h-goods HHw white Incur T&P X FIRM Closed CDI F X Tire]&PI Collection Iir4 Monofill Industrial Landfill DFMO SDTP Dates of Audit 03/0811 1 Date of Last Audit Report 09/21/10 FACILITY NAME AND ADDRESS Haywood County Municipal Solid Waste Landfill State Road 1338, White Oak Community Waynesville, N C 28786 GPS COORDINATES N 35 66343 W -82 99866 FACILITY CONTACT NAME AND PHONE NUMBER Stephen King, Haywood County Solid Waste Director Telephone 828-627-8042 FACILITY CONTACT ADDRESS Stephen King, Director Haywood County Solid Waste Department 278 Recycle Drive Clyde, N C 28721 AUDIT PARTICIPANTS Andrea Keller, NCDENR, Solid Waste Section (DWM) Susan Wilson, NCDENR, Surface Water Protection (DWQ) Stephen King Haywood Co Sold Waste Director Mark Shumpert Haywood Co WOLF Landfill Manager Mark Pruett, Haywood Co Erosion and Sedimentation Control Director STATUS OF PERMIT Original Permit to Operate October 8, 1993 Phase 3 PTO Approval pending review with the Section PURPOSE OF AUDIT Comprehensive Audit STATUS OF PAST NOTED VIOLATIONS None NOTED VIOLATIONS None FACILITY COMPLIANCE AUDIT k... ORT Division of Waste Management Solid Waste Section Page 2 of 5 AREAS OF CONCERN AND COMMENTS On site at the Haywood County Transfer Station (444-08T) to conduct records review for the Comprehensive Site inspection of the White Oak MSWLF The following records were reviewed and found in order a Training records • Martin Shumpert (MOLO) — expires 10/19/13 • Billy Owenby (LF Operator) — expires 8/21 /12 • Gregory Cordell (LF Operator) — expires 8/21 / 12 • Stephen King (MOLD) — expires 5/25/10 b Waste Acceptance The facility is permitted to receive approximately 6,600 tons per month Tonnage records were available for review and the facility was accepting on average over the 2010 record review period, approximately 3,582 tons per month c Permit and Operations Plan Records available d Landfill Gas Monitonng Updated LFG Plan was approved with current PTO (Plan dated February 25, 2011) LFG data for 9/30/10 and 12/29/10 events was reviewed The data collection was conducted by McGill Associates — no exceedences were noted e Leachate Management Leachate is contained in an on -site leachate pond and hauled to the Maggie Valley WWTP for treatment February and March 2011 records indicated that, respectively, approximately 204 000 and 540,000 gallons of leachate were pumped and hauled to the WWTP f Financial Assurance facility documented the submittal of FA to the Section on 12/1/10 to D Herndon (SWS) g Waste Screening Waste screening records are maintained at the landfill scalehouse and were available for review (9/10 through 2/1 1 reviewed) h Environmental Monitoring Records were available for review On site at the White Oak MSWLF Present during inspection S Wilson, M Shumpert and A Keller Recent heavy rain events occurred between March & and 7th with approximately 2 75" of rainfall recorded at the landfill (per M Shumpert) 3 Roads were functional and in good condition Winciblown fencing was in place and the site was free of excessive windblown materials 03/08/ 1 1 Repair of side slope~ and windblown fencing 4 The operators were managing a small working face, compaction was ongoing, and daily soil cover appeared adequate (some waste flagging was noted and discussed with M Shumpert) Repair work to the active face side slopes was underway at the time of the inspection — recent heavy rams had created erosion rills It appeared as though the FACILITY COMPLIANCE AUDI ...EPORT Division of Waste Management Solid Waste Section Page 3 of 5 drainage ditches in these regions had received silt run-off from the side slopes and may require further maintenance 5 Use of fabric tarps as an alternative daily cover is approved by permit condition Please note that the ACM demonstration project for use of a soillmulch ACM expired on October 15, 2010 No report summarizing the demonstration of the ACM has been received by the Section and the current PTO does not authorize use of soil/mulch as an ACM For the County to continue forward with plans to utilize any ACM, they must submit in writing (to A Keller) a request for a new demonstration period 6 The facility appeared well -managed, traffic flow was controlled with barriers and signs at the active working face During the inspection a waste -screening was performed at the working face in accordance with the facility Operations Plan No issues were noted 7 Asbestos disposal was being managed away from the working face in accordance with Rule and Operations Plan requirements 03/08/ 1 I 8 Monitoring points were inspected (groundwater, landfill gas surface water discharge points) All issues regarding the DWQ NPDES General Stormwater Discharge Permit NCG120047 were addressed in the Notice of Violation issued by DWQ (S Wilson) on April 11 2011 9 During the inspection of MW-14 and MW-15 it was noted that a back access road leaves the facility boundary before re-entering (to access MW wells) and becomes a potential access point at this location The Operational Requirements for MSWLF Facilities [ 15A NCAC 13B 1626 (6)(a)] requires that the facility shall be adequately vecured by means of gatea churns berms fences, and other security measures approved by the Divivion to prevent unauthorized entry Please address security requirements at this facility access point 10 Full separation was apparent at the Phase 3 liner to Phase 2 intermediate slope junction Standing water in the Phase 3 stormwater collection area was being discharged to a sediment basin Leachate from the Phase 2 junction routes to the leachate collection pond No windblown was noted in this area Page 4 of 5 03/08/1 1 l I The Treatment & Processing area was inspected It was stated (M Shumpert) that the facility tries to have an operator available in this region during public drop-off of material to control unacceptable wastes in the Yard Waste piles (land clearing and yard trash) Some plastics were noted in ground material — which is acceptable if this material is to be used as ACM (note item #5 above) The T&P region has a steep slope on the back side — please ensure that managed materials stay within the planned work region The composting area was observed (type 2) Material was present and appeared to be windrowed Please be aware that the Soil Amendment Demonstration period expired on July 9, 2009 and a records review indicated that no certified Demonstration Report has been submitted to the Section and the current PTO does not authorize use of soil amendment from the Type 2 compost area For the County to continue forward with plans to utilize any soil amendments, they must submit in writing (to A Keller) a request for a new demonstration period 12 A seep was observed on the north side of Phase 1 near the leachate pond It was identified to M Shumpert for repair No leachate was observed leaving the disposal unit at the time of the inspection Also noted in this region was the encroachment of woody vegetation inside the marked edge -of -waste boundary 03/08/ 1 1 Please remove all woody vegetation and materials that impede the facility s ability to inspect and maintain cap integrity (briars etc) FACILITY COMPLIANCE AUDI jL AEPORT D fW M ivision o aste anagement Solid Waste Section Page 5 of 5 13 Overall, the facility was in good operating condition from a solid waste management perspective Prior to amval or site, M Pruett (Haywood County Erosion Control) discussed steps the county had taken to control off -site erosion including, but not limited to, pond/cell construction (stalling basins), stabilization of access roads, maintenance of sedimentation basin #4, and vegetation/stabilization of the site The facility is governed by a Sedimentation and erosion control plan issued through the Division of Land Quality Please ensure that all site activities are in conformance with approved plans Please contact me if you have any questions or concerns regarding this audit report Phone 828-296-4700 Andrea Keller Environmental Senior Specialist Regional Representative Mailed on 04/26/11 by hand delivery US Mail Certified No ec Deb Aja, Western District Supervisor Donald Herndon Compliance Officer Susan Wilson, Division of Water Quality Mark Shumpert, Haywood County Mark Pruett, Haywood County NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES FACILITY COMPLIANCE AUDIT REPORT Division of Waste Management Solid Waste Section CNIT TYPE Lined MSWLF X LCID YW X Transfer Compost X SLAS COUNTY Haywood PERMIT NO 44-07 FILE TYPE COMPLIANCE CIoscd MSWLF HHW White 9oods Incur T&P X FIRM Closed CDLF X Tire mpt Collection Tin, Monofili Industrial Landfill DEMO SDTF Dates of Audit 06/29/11 Date of Last Audit Report 03/08/11 FACILITY NAME AND ADDRESS Haywood County Municipal Solid Waste Landfill State Road 1338, White Oak Community Waynesville, N C 28786 GPS COORDINATES N 35 66343 W -82 99866 FACILITY CONTACT NAME AND PHONE NUMBER Stephen King, Haywood County Solid Waste Director Telephone 828-627-8042 FACILITY CONTACT ADDRESS itephen King, Director Haywood County Solid Waste Department 278 Recycle Drive Clyde, N C 28721 AUDIT PARTICIPANTS Andrea Keller, NCDENR, Solid Waste Section (DWM) Stephen King, Haywood Co Solid Waste Director Mark Shumpert, Haywood Co WOLF Landfill Manager STATUS OF PERMIT Original Permit to Operate October 8 1993 Phase 3 PTO May 10, 2011 PURPOSE OF AUDIT Partial Audit STATUS OF PAST NOTED VIOLATIONS None NOTED VIOLATIONS None AREAS OF CONCERN AND COMMENTS 1 On site at the Haywood County White Oak MSWLF to conduct site inspection with S King and M Shumpert Weather dry, partly cloudy, mid 80's 2 Roads were functional and in good condition despite recent heavy rains Windblown fencing was in place FACILITY COMPLIANCE AUDIT R.L eORT Division of Waste Management Solid Waste Section Page 2 of 3 _ � ��� �......._.�._...._ 3 The operators were managing a small working face, compaction was ongoing, traffic flow was controlled with barriers and signs and daily soil cover appeared adequate Repair work to the active tare side slopes was underway at the time of the inspection (seeding and matting) 6/29/11 The intermediate cover at the Phase 3 liner to Phase 2 junction was inspected No waste was visible and it appeared as though the area satisfied Rule requirements for intermediate cover [ 15A NCAC 13B 1626 (2)(c) minimum of one foot of intermediate cover] 6/29/ 11 During the previous inspection a seep was observed on the north side of Phase I near the leachate pond Also noted in this region was the encroachment of woody vegetation inside the marked edge -of -waste boundary FACILITY COMPLIANCE AUDIj s#.EPORT Division of Waste Management Solid Waste Section Page 3 of 3 The woody vegetation had been removed and the seep region had been repaired, seeded and matted 6 The facility was continuing to work on erosion control/sediment issues noted during the previous inspection including, but not limited to, the repair and maintenance of sediment basins (shown below) North of leachate lagoon Sed basin north of Phase 3 Sed basin SW of borrow area 7 Overall the facility was in good operating condition from a solid waste management perspective The scales were undergoing annual calibration at the time of the inspection Please continue to ensure that all site activities are in conformance with approved plans Please contact me if you have any questions or concerns regarding this audit report Phone 828-296-4700 Andrea Keller Environmental Senior Specialist Regional Representative Mailed on 07/07/11 by hand delivery US Mail Certified No ec Jason Watkins, District Supervisor Donald Herndon, Compliance Officer Susan Wilson, Division of Water Quality f� NCDENR NO CAROLINA PEPARTMEWT OF ENVIRONMENT Arlo NIIURA� RESMRCES FACILITY COMPLIANCE INSPECTION REPORT Division of Waste Management Solid Waste Section UNIT TYPE Lined X LCIU YW X Transfer Compost SLAS COUNTY HAYWOOD MSWLF PERMIT NO 4407 Closed Itliw whae MWP T&P X FIRM MSWLF goods FILE TYPE COMPLIANCE Closed X IrL r&P Tire Industrial DFMo sDTF CDLF CnIlcLoon Monnfill Landfill Date of Site Inspection 10/11/2011 Date of Last Inspection 06/29/2011 FACILITY NAME AND ADDRESS Haywood County Municipal Solid Waste Landfill State Road 1338 White Oak Community Waynesville N C 28786 GPS COORDINATES N 35 66343 E -82 99866 FACILITY CONTACT NAME AND PHONE NUMBER Name Stephen King, Title Haywood County Solid Waste Director Telephone (828) 627-8042 Email address SKinn@haywoodnc net FACILITY CONTACT ADDRESS Stephen King Director Haywood County Solid Waste Department 278 Recycle Dnve Clyde N C 28721 PARTICIPANTS Andrea Keller — NCDENR Solid Waste Section Susan Wilson — NCDENR Surface Water Protection Stephen King — Haywood Co Solid Waste Director Marc Pruett — Haywood Co Erosion Control Mark Shumpert — Haywood Co Landfill Manager STATUS OF PERMIT Original Permit to Operate October 8, 1993 Phase 3 PTO May 10 2011 PURPOSE OF SITE VISIT Site visit to follow-up with previous DWQ findings, partial SWS inspection STATUS OF PAST NOTED VIOLATIONS None OBSERVED VIOLATIONS None The item(s) listed above were observed by Section staff and require action on behalf of the facility in order to court, into or maintain compliance with the Statutes Rules and/or other regulatory requirements applicable to this facility Be advised that pursuant to N C G S 130A 22 an administrative penalty of up to S15 000 per day may be assessed for each violation of the Solid Waste Laws Regulations Conditions of a Permit or Order under Article 9 of Chapter 130A of the N C General Statutes Further the facility and/or all responsible parties may be subject to enforcement actions including penalties injunction from operation of a solid waste management facility or a solid waste collection service and any such further relief as may be necessary to achieve compliance with the North Carolina Solid Waste Management Act and Rules . ACILITY COMPLIANCE INSPECTION KEPORT Division of Waste Management Solid Waste Section Page 2 of 3 ADDITIONAL COMMENTS Andrea Keller and Allen Gaither (NCDENR Solid Waste Section) met with County representative% (Stephen King David Francis, Mark Shumpert, and several Santek Environmental representatives) on 10/03/201 l to discuss the upcoming permit modification request and to provide technical assistance The Phase One of the RFP agreement was discussed, including the update of the Operations Plan and contact information On site on October 11, 2011 to review Stormwater outfall locations and erosion control measures as related to the facility DWQ discharge permit Susan Wilson, NCDENR Division of Water Quality —Surface Water Protection, present during inspection 2 Outfall locations (SDO-1 through SDO-8) were inspected and data collection was discussed along with details regarding the off -site sediment issues at the facility (MShumpert and SWilson) 3 Roads were functional and in good condition and windblown fencing was in place Note that windblown must be collected and returned to the working face daily The operators were managing a small working face, compaction was ongoing, traffic flow was controlled with barriers and signs and soil cover appeared adequate (ADC tarps were in use with soil cover utilized on a weekly basis in accordance with the facility Permit and Operations Plan) Note that continuous maintenance of the soil cover is recommended in order to control disease vectors, fires, odors, blowing litter and scavenging The scales had been recently removed/cleaned out as part of general semi-annual maintenance activities (per M Shumpert) 4 The repair work underway during the previous site inspection (seeding and matting) had substantially improved the soil erosion issues on the east side of the Phase 2 operations _ FACILITY COMPLIANCE INSPECT REPORT ' Division of Waste Management Solid Waste Section Page 3 of 3 5 The facility was continuing to work on erosion control/sediment issue~ noted during the previous inspection including, but not limited to the repair and maintenance of sediment basins (leachate lagoon region - sedtment basin location shown below) At lagoon looking northward At sed basin, looking toward the lagoon 6 The closed CDLF appeared to have well -established vegetation No erosion issues were noted at the time of the inspection The access road off the back side of the closed CDLF was discussed during the inspection (SKmg) and it was stated that the facility would place a fence/chain across the access road to control this point of entry 7 Overall, the facility was in good operating condition from a solid waste management perspective Please continue to ensure that all site activities are in conformance with approved plans Please contact me if you have any questions or concerns regarding this inspection report Phone 828-296-4700 Andrea Keller Environmental Senior Specialist Regional Representative Sent on 10/14/2011 Emad Sking@ haN woodne nu Hand delivery US Mail Certified No ec Mark Poindexter, Field Operations Branch Manager— Solid Waste Section Jason Watkins, Western District Supervisor — SWS Shawn McKee, Compliance Officer — SWS Susan Wilson, Surface Water Protection — DWQ