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JA N 1 6 2007
North Carolina Department of Environment and atu gal Resources
Division of Water Quality i WATER cU8=!_iTY -7 ICTIO11
Michael F. Easley, Governor ary
Alan W. Klimek, P.E., Director
,c!�w nX.c.n7Z- X je /04�pJanuary 9, 2007
Jevon Morris
508 Riverside Dr
Morganton, NC 28655
Subject: Renewal Notice/General Permit NCG550000
Certificate of Coverage NCG550655
Burke County
Dear Permittee:
You are receiving this notice because you currently own a property covered under the subject
General Permit for the discharge of domestic wastewater. NCG550000 will expire on July 31, 2007.
Federal (40 CFR 122.41) and North Carolina (15A NCAC 2H.0105(e)) regulations require
that permit renewal applications be filed at least 180 days prior to expiration of the current permit.
To satisfy this requirement, the Division must receive a renewal request postmarked no later than
February 1, 2007.
The Certificate of Coverage (CoC) specific to your property was last issued on August 1, 2002.
The Division needs information from you to determine if coverage under NCG550000 is still
necessary.
➢ If your property still has a wastewater system like the ones described in the enclosed
Technical Bulletin, you must renew the subject CoC. Complete the enclosed form and
submit it to the address on the form.
➢ If you are not sure what type of system your property has, contact Larry Frost in the NC
DENR Asheville Regional Office at. That person [or other staff members] can help you
determine if you should renew your CoC.
➢ If you know that your property no longer discharges wastewater, contact me at the
address or phone number listed below to request rescission of the CoC.
➢ This information request does not pertain to the Annual Fee of$50.00 billed
separately by the Division's Budget Office. No money is required for this
procedure. The Annual Fee is dike the fee you annually pay the DMV for the sticker on
your vehicle's license plate. Renewal of your CoC is like the renewal of your Driver's
License [ca. every five years].
➢ If you have already mailed a renewal request,you may disregard this notice.
1617 Mail Service Center,Raleigh,North Carolina 27699-1617 One
512 North Salisbury Street,Raleigh,North Carolina 27604 NorthCarohna
Phone: 919 733-5083,extension 511/FAX 919 733-0719/charles.weaver@ ncmail.net Natmally
An Equal Opportunity/Affirmative Action Employer—50%Recycled/10%Post Consumer Paper
NCG550655,renewal notice
January 9,2007
The attached application form shows the information the Division has on file for your
property. Please verify that the provided information is correct, or make corrections on the form.
Complete the additional questions, then sign and date the form.
The completed form should be submitted to the address listed below the signature block.
If you have any questions concerning this matter, please contact me at the telephone number
or e-mail address listed below. (If it is difficult to reach me, please be aware that your facility is one
of over 1100 that I am contacting regarding the renewal of NCG550000.)
Thanks for your attention to this matter.
Sincerely,
Charles H. Weaver, Jr.
NPDES Unit
cc: Central Files
Asheville Regional Office/Larry Frost
NPDES file
Michael F.Easley,Governor
Q� William G.Ross Jr.,Secretary
1 r North Carolina De; ent of Environment and Natural Resources
..�
Alan W.-Klimek,P.E.Director
ision of Water Quality
March 8,2006 'l f
MAR' - 3 2006
Mr.Jevon M.Morris
508 Riverside Drive
Morganton,NC 28655 �" a
Subject" NPDES Permit Modification-Name and/or
Ownership Change ,
Permit NCG5506.55
Laurel Creek Mobile Home Park
Burke County
Dear Mr.Morris:
Division personnel have reviewed and approved your request for name change of the subject permit,received on
February 28,2006. This permit modification documents the name change of the above reference facility.
Please find enclosed the revised permit. All other terms and conditions contained in the original permit remain
unchanged and in full effect This permit modification 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 concerning this permit modification,please contact the Point Source Branch at(919)
733-5083,extension 520.
Sincerely,
r : Alan W.Klimek,P.E.
cc: Central Files
Asheville Regional Office,Surface Water Protection
NPDES Unit File
N Carolina
Xo tonally
North Carolina Division of Water Quality 1617 Mail Service Center Raleigh,NC 27699-1617 Phone(919)733-7015 Customer Service
Internet h2o.enrstate.naus 512 N.Salisbury St. Raleigh,NC 27604 FAX (919)733-2496 1-877-623-6748
An Equal Opportunity/Affirmative Action Employer—50%Recycledtl0%Post Consumer Paper
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
GENERAL PERMIT NCG550000
CERTIFICATE OF COVERAGE NCG550655
TO DISCHARGE DOMESTIC WASTEWATERS FROM SINGLE FAMILY RESIDENCES AND OTHER
DISCHARGES WITH SIMILAR CHARACTERISTICS UNDER THE
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,
Jevon M. Morris
is hereby authorized to operate a wastewater treatment facility that consists of a septic tank, sandfilter, and
associated appurtenances with the discharge of treated wastewater from the facility located at
LAUREL CREEK MOBILE HOME PARK
4136 NC HWY 18 SOUTH
MORGANTON
BURKE COUNTY
to receiving waters designated as Laurel Creek, a class C water, in the Catawba River Basin in accordance with
the effluent limitations,monitoring requirements,and other conditions set forth in Parts I,II,11I and IV hereof
This certificate of coverage shall become effective March 8,2006.
This Certificate of Coverage shall remain in effect for the duration of the General Permit.
Signed this day March 8, 2006.
, r '• Alan W.Klimek,P.E.,Direc r
Division of Water Quality
By Authority of the Environmental Management Commission
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FACILITY
COUNTY CLASS
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RESPONSIBLE FACILITY OPERATOR
OFFICIAL REPRESENTATIVE
TELEPHONE NO. J(/
WHERE LOCATED ,
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CERT. NUMBER
CLASS
NPDES PERMIT NUMBER NC OTHER PERMIT NO.
STATE FEDERAL DATE ISSUED
DATE ISSUED
EXPIRATION DATE
STREAM:
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SUB-
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A"North Carolina
�,artment of Environment;
t ealth and Natural Resources i
Division of Environmental Management A�
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director Fl
November 15,1993
David L. Baird
Laurel Creek Mobile Home Park
P O Box 2509
Morganton NC 28680 Subject: Laurel Creek Mobile Home Park
Certificate of Coverage NCG550655
General Permit NCG550000
Formerly NPDES Permit NCO057631
Burke County
Dear Permittee:
The Division of Environmental Management has recently evaluated all existing individual permits for potential
coverage under general permits currently issued by the Division. 15A N.C.A.C.2H.0127 allows the Division to
evaluate groups of permits having similar discharge activities for coverage under general permits and issue
coverage where the Division finds control of the discharges more appropriate in this manner. The Division has
determined that the subject discharge qualifies for such coverage. Therefore,the Division is hereby issuing the
subject Certificate of Coverage under the state-NPDES general permit no. NCG550000 which shall void NPDES
Permit NC0057631. This Certificate of Coverage is issued pursuant to the requirements of North Carolina and the
US Environmental Protection Agency Memorandum of Agreement dated December 6,1983 and as subsequently
amended.
If any parts,measurement frequencies or sampling requirements contained in this general permit are unacceptable to
you,you have the right to submit an individual permit application, associated processing fee and letter requesting
coverage under an individual permit. Unless such demand is made,this decision shall be final and binding. Please
take notice this Certificate of Coverage is not transferable. Part 11,E.4. addresses the requirements to be followed
in case of change of ownership or control of this discharge.
In the event that the facilities fail to perform satisfactorily, including the creation of nuisance conditions, the
Permittee shall take immediate corrective action,including those as may be required by this Division, such as the
construction of additional or replacement wastewater treatment or disposal facilities. Construction of any
wastewater treatment facilities will require issuance of an Authorization to Construct from this Division.
Failure to abide by the requirements contained in this Certificate of Coverage and respective general permit may
subject the Permittee to an enforcement action by the Division of Environmental Management in accordance with
North Carolina General Statute 143-215.6A to 143-215.6C. Please note that the general permit does require
monitoring in accordance with federal law. The monitoring data is not required to be submitted to the Division
unless specifically requested,however,the permittee is required to maintain all records for a period of at least
three (3) years.
Post Office Box 29535,Raleigh,North Carolina 27626-0535 Telephone(919)733-5083 FAX(919)733-9919
An Equal Opportunity Affirmative Ac'uon Employer 50%recycled-10%post-consumer paper
Page 2
David L. Baird
Laurel Creek Mobile Home Park
Certificate of Coverage No.NCG550655
The issuance of this Certificate of Coverage is an administrative action initiated by the Division of
Environmental Management and therefore,no fees are due at this time. In accordance with current rules,there
are no annual administrative and compliance monitoring fees for coverage under general permits. The only fee
you will be responsible for is a renewal fee at the time of renewal. The current permit expires July 31,1997.
This coverage will remain valid through the duration of the attached general permit. The Division will be
responsible for the reissuance of the general permit and at such time,you will be notified of the procedures to
follow to continue coverage under the reissued permit. Unless you fail to follow the procedures for continued
coverage,you will continue to be permitted to discharge in accordance with the attached general permit.
The issuance of this Certificate of Coverage does not preclude the Permittee from complying with any and all
statutes,rules,regulations,or ordinances which may be required by the Division of Environmental Management
or permits required by the Division of Land Resources,the Coastal Area Management Act or any Federal or
Local other governmental permit that may be required.
If you have any questions or need additional information regarding this matter,please contact either the
Asheville Regional Office,Water Quality Section at telephone number 704/251-6208,or a review engineer in
the NPDES Group in the Central Office at telephone number 919/733-5083.
S' erely,
A.Preston Howar ,P.E.
cc: Asheville Regional Office
Central Files
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
GENERAL PERMIT NO. NCG550000
TO DISCHARGE DOMESTIC WASTEWATERS FROM SINGLE FAMILY RESIDENCES
AND OTHER DISCHARGES WITH SIMILAR CHARACTERISTICS UNDER THE
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, this permit is hereby issued to all owners or operators,
hereafter 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 treated wastewater in accordance with
the effluent limitations, monitoring requirements, and other conditions set forth in Parts I,II, III and IV hereof.
This permit shall become effective August 1, 1997.
This permit shall expire at midnight on July 31, 2002.
Date:
A. Preston Howard,.Jr.,P.E.,Dire
Division of Water Quality
By Authority of the Environmental Management Commission
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General Permit NCG550000
PART I
SECTION B. SCHEDULE OF COMPLIANCE
1. The permittee shall comply with Final Effluent Limitations by the effective date of the Certificate of
Coverage.
2. Permittee shall at all times provide the operation and maintenance necessary to operate the existing
facilities in accordance with section II.C.2 of this permit.
PART II
STANDARD CONDITIONS FOR NPDES PERMITS
SECTION A. DEFINITIONS
1. Permit Issuing Authority: The Director of the Division of Water Quality.
2. DWO or Division: Division of Water Quality, Department of Environment, Health and Natural
Resources.
3. EMC: North Carolina Environmental Management Commission.
4. Permittee: The entity who obtains coverage under this general permit by subsequent issuance of a
"Certificate of Coverage" by the Division of Water Quality.
5. Act or "the Act The Federal Water Pollution Control Act, also known as the Clean Water Act, as
amended,33 USC 1251,et. seq.
6. Concentration Measurements
a. Average Monthly Concentration: The sum of the concentrations of all daily discharges sampled and/or
measured during a calendar month on which daily discharges are sampled and measured, divided by
the number of daily discharges sampled and/or measured during such month (arithmetic mean of the
daily concentration values). The daily concentration value in the lease of grab samples is the
arithmetic mean (weighted by flow value) of all the samples collected during that calendar day.
b. Average Monthly Concentration for Fecal Coliform: The geometric mean of the counts for samples
collected during a calendar month. This limitation is identified as "Monthly Average" in Part I of the
permit.
b. Maximum Daily Concentration: The concentration of a pollutant discharge during a calendar day. If
only one sample is taken during any calendar day the .concentration of pollutant calculated from it is
the "Maximum Daily Concentration". 'It is identified as "Daily Maximum" in Part I of the permit.
7. Other Measurements
a. Flow (MGD): The 24 hours average flow,averaged monthly. It is determined as the arithmetic mean
of the total daily flows recorded during the calendar month.
8. Grab Samples: Individual samples of at least 100 ml collected over a period of time not exceeding 15
minutes. Grab samples can be collected manually.
e
Page 1 of 10
r �\
General Permit NCG550000
9. Calculation of Means
a Arithmetic Mean: The summation of the individual values divided by the number of individual
values.
b. Geometric Mean: The Nth root of the product of the individual values where N is equal to the number
of individual values. The geometric mean is equivalent to the antilog of the arithmetic mean of the
logarithms of the individual values. For purposes of calculating the geometric mean, values of zero (0)
shall be considered to be one (1).
c. Weighted by Flow Value: The summation of each concentration times its respective flow divided by
the summation of the respective flows.
10. Calendar Day: The period from midnight of one day until midnight of the next day. However, for
purposes of this permit,any consecutive 24-hour period that reasonably represents the calendar day may be
used for sampling.
I
11. Hazardous Substance: Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the Clean
Water Act.
12. Toxic Pollutant: Any pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act.
13. Bypass: The known diversion of waste streams from any portion of a treatment facility (including the
collection system), which is not a designed or established or operating mode for the facility.
14. Severe ,property damage: Substantial physical damage to property, damage to the treatment facilities
which causes them to become inoperable, or substantial and permanent loss of natural resources which can
reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic
loss caused by delays in production.
15. Upset: An exceptional incident in which there is unintentional and temporary noncompliance with
technology-based permit effluent limitations because of factors beyond the reasonable control of the
permittee. An upset does not include noncompliance to the extent caused by operational error, improperly
designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless
or improper operation.
SECTION B. GENERAL CONDITIONS
l. Duty to Comply
The permittee must comply with all conditions of this permit. Any permit noncompliance constitutes a
violation of the Clean Water Act and is grounds for enforcement action; for permit termination, revocation
and reissuance, or modification; or denial of a permit renewal application.
a. The permittee shall comply with effluent standards or prohibitions established under section 307(a) of
the Clean Water Act for toxic pollutants and with standards for sewage sludge use or disposal
established under section 405(d) of the Clean Water Act within the time provided in the regulations
that establish these standards or prohibitions, even if the permit has not yet been modified to
incorporate the requirement.
b. The Clean Water Act provides that any person who violates a permit condition is subject to a civil
penalty not to exceed $25,000 per day for each violation. Any person who negligently violates any
permit condition is subject to criminal penalties of $2,500 to $25,000 per day of violation, or
imprisonment for not more than 1 year,or both. Any person who knowingly violates permit conditions 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. Also, any person who violates a permit condition may be assessed an administrative
Page 2 of 10
J `General Permit NCG550000
penalty not to exceed $10,000 per violation with the maximum amount not to exceed $125,000. [Ref:
Section 309 of the Federal Act 33 U.S.C. 1319 and 40 CFR 122.41 (a)].
C. Under state law, a daily civil penalty of not more than ten thousand dollars ($10,000) per violation
may be assessed against any person who violates or fails to act in accordance with the terms,conditions,
or requirements of apermit. [Ref: North Carolina General Statutes § 143-215.6 (A)].
2. Duty to Mitigate
The permittee shall take all reasonable steps to minimize or prevent any discharge in violation of this
permit.
3. Civil and Criminal Liability
Except as provided in permit conditions on"Bypassing" (Part II, CA.) and "Power Failures (Part II, C.7.),
nothing in this,permit shall be construed to relieve the permittee from any responsibilities, liabilities, or
penalties for noncompliance pursuant to NCGS 143-215.3,143-215.6 or Section 309 of the Federal Act, 33 USC
1319. Furthermore,the permittee is responsible for consequential damages, such as fish kills, even though
the responsibility for effective compliance may be temporarily suspended.
4. Oil and Hazardous Substance Liability
Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the
permittee from any responsibilities, liabilities, or penalties to which the permittee is or may be subject to
under NCGS 143-215.75 et seq. or Section 311 of the Federal Act,33 USG 1321. Furthermore, the permittee is
responsible for consequential damages, such as fish kills, even though the responsibility for effective
compliance may be temporarily suspended.
5. Property Rights
erty rights in either real or personal property, or any
The issuance of this permit does not convey any prop
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.
6. Onshore or Offshore Construction
This permit does not authorize or approve the construction of any onshore or offshore physical structures or
facilities or the undertaking of any work in any navigable waters.
7. Severability
The provisions of this permit are severable, and if any provision of this permit, or the application of any
provision of this permit to any circumstances, is held invalid, the application of such provision to other
circumstances, and the remainder of this permit, shall not be affected thereby.
8. Duty to Provide Information
The permittee shall furnish to the Permit Issuing Authority, within a reasonable time, any information
which the Permit Issuing Authority may request to determine whether cause exists for modifying, revoking
and reissuing, or terminating this permit or to determine compliance with this permit. The permittee shall
also furnish to the Permit Issuing Authority upon request, copies of records required to be kept by this
permit.
9. Duty to Rean.,ulv
If the permittee wishes to continue an activity regulated by this permit after the expiration date of this
permit, the permittee must apply for and obtain a new permit.
10. Permit Termination
After public notice and opportunity for a hearing, the general permit and Certificates of Coverage issued
under this general permit may be terminated for cause.
Page 3 of 10
General Permit NCG550000
11. When an Individual Permit may be Required
The Division may require any owner authorized to discharge under this permit to apply for and obtain an
individual permit. Cases where an individual permit may be required include,but are not limited to, the
following:
a. The discharger is a significant contributor of pollution.
b. Conditions at -the operating facility change altering the constituents and/or characteristics of the
discharge such that the discharge no longer qualifies for a General Permit.
c. The discharge violates the terms or conditions of this permit.
d. A change has occurred in the availability of demonstrated technology or practices for the control or
abatement of pollutants applicable to the point source.
e. Effluent limitation guidelines are promulgated for the point source's covered by this permit.
f. A water quality management plan containing requirements applicable to such point sources is approved
after the issuance of this permit.
This permit may be terminated as to an individual owner for any of the reasons set forth above after
appropriate notice in accordance with N.C.G.S. 143-215.1.
12. When an Individual Permit may be Requested
Any permittee operating under this permit may request to be excluded from coverage by applying for an
individual permit. When an individual permit is issued, the applicability of this general permit is
automatically terminated on the effective date of the individual permit.
13. Signatory Requirements
All applications, reports, or information submitted to the Permit Issuing Authority shall be signed and
certified.
a. All permit applications shall be signed as follows:
(1) For a corporation: by a responsible corporate officer. For the purpose of this Section, a responsible
corporate officer means: (a) a president, secretary, treasurer or vice president of the corporation in
charge of a principal business function,or any other person who performs similar policy or decision
making functions for the corporation,or(b)the manager of one or more manufacturing production or
operating facilities employing more than 250 persons or having gross annual sales or expenditures
exceeding 25 million (in second quarter 1980 dollars), if 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.
b. All reports required by the permit and other information requested by the Permit Issuing Authority
shall be signed by a person described above or by a duly authorized representative of that person. A
person is a duly authorized representative only if:
(1) The authorization is made in writing by a person described above;
(2) The authorization specified either an individual or a position having responsibility for the
overall operation of the regulated facility or activity, such as the position of plant manager,
operator of a well or well field, superintendent, a position of equivalent responsibility, or an
individual or position having overall responsibility for environmental matters for the company.
(A duly authorized representative may thus be either a named individual or any individual
occupying a named position.);and
(3) The written authorization is submitted to the Permit Issuing Authority.
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General Permit NCG550000
c. Certification: Any person signing a document under paragraphs a. or b. of this section shall make the
following certification:
"I certify,under penalty of law, that this document and all attachments were prepared under my
direction or supervision in accordance with a system designed to assure that qualified personnel
properly gather and evaluate the information submitted. Based on my inquiry of the person or
persons who manage the system,or those persons directly responsible for gathering the information,
the information submitted is,to the best of my knowledge and belief,true,accurate,and complete. I
am aware that there are significant penalties for submitting false information, including the
possibility of fines and imprisonment for knowing violations."
14. Permit Actions
This permit may be modified,revoked and reissued,or terminated for cause. The filing of a request by the
permittee for a permit modification,revocation and reissuance,or termination,or a notification of planned
changes or anticipated noncompliance does not stay any permit condition.
15. Permit Modification, RevocationandReissuance or Termination
The issuance of this permit does not prohibit the permit issuing authority from reopening and modifying
the permit,revoking and reissuing the permit;or terminating the permit as allowed by the laws, rules, and
regulations contained in Title 40, Code of Federal Regulations, Parts 122 and 123; Title 15A of the North
Carolina Administrative Code, Subchapter 2H .0100; and North Carolina General Statute 143-215.1 et. al.
SECTION C. OPERATION AND MAINTENANCE OF POLLUTION CONTROLS
1. Certified Operator
Pursuant to Chapter 90A-44 of North Carolina General Statutes, the permittee shall employ a certified
wastewater treatment plant operator in responsible charge (ORC) of the wastewater treatment facilities.
Such operator must hold a certification of the grade equivalent to or greater than the classification
assigned to the wastewater treatment facilities. The permittee shall notify the Division's Operator
Training and Certification Unit within thirty days of any change in the ORC status.
2. proper Operation and Maintenance
The permittee shall at all times properly operate and maintain all facilities and systems of treatment and
control (and related appurtenances) which are installed or used by the permittee to achieve compliance
with the conditions of this permit. Proper operation and maintenance also includes adequate laboratory
controls and appropriate quality assurance procedures. This provision requires the operation of back-up or
auxiliary facilities or similar systems which are installed by a permitteef only when the operation is
necessary to achieve compliance with the conditions of the permit.
3. bleed to Halt or Reduce not a Defense
It shall not be a defense for a permittee in an enforcement action that it would have been necessary
'to halt
or reduce the permitted activity in order to maintain compliance with the condition of this permit.
4. Bypassing of Treatment Facilities
a. Bypass not exceeding limitations.
The permittee may allow any bypass to occur which does not cause effluent limitations to be exceeded,
but only if it also is for essential maintenance to assure efficient operation. These bypasses are not
subject to the provisions of Paragraphs b. and c. of this section.
b. Notice
(1) Anticipated bypass. If the permittee knows in advance of the need for a bypass, it shall submit
prior notice, if possible at least ten days before the date of the bypass; including an evaluation of
the anticipated quality and affect of the bypass.
Page 5 of 10
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General Permit NCG550000
(2) Unanticipated bypass. The permittee shall submit notice of an unanticipated bypass as required in
Part II, E. 5. of this permit. (24-hour notice).
c. Prohibition of Bypass
(1) Bypass is prohibited and the Permit Issuing Authority may take enforcement action against a
permittee for bypass,unless:
(a) Bypass was unavoidable to prevent loss of life,personal injury or severe property damage;
(b) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment
facilities, retention of untreated wastes or maintenance during normal periods of equipment
downtime. This condition is not satisfied if adequate backup equipment should have been
installed in the exercise of reasonable engineering judgment to prevent. a bypass which
occurred during normal periods of equipment downtime or preventive maintenance;and
(c) The permitter submitted notices as required under Paragraph b. of this section.
(2) The Permit Issuing Authority may approve an anticipated bypass, after considering its adverse
affects, if the Permit Issuing Authority determines that it will meet the three conditions listed
above in Paragraph c. (1) of this section.
5. Upsets
a. Effect of an upset.
An upset constitutes an affirmative defense to an action brought for noncompliance with such technology
based permit effluent limitations if the requirements of paragraph b.. of this condition are met. No
determination made during administrative review of claims that noncompliance was caused.by upset,
and before an action for noncompliance, is final administrative action subject to judicial review.
b. Conditions necessary for a demonstration of upset.
A permittee who wishes to establish the affirmative defense of upset shall demonstrate, through
properly signed,contemporaneous operating logs,or other relevant evidence that:
(1) An upset occurred and that the permittee can identify the cause(s) of the upset; .
(2) The permitted facility was at the time being properly operated; and
(3) The permittee submitted notice of the upset as required in Part II,E. 5. (b) (2) of this permit.
(4) The permittee complied with any remedial measures required under Part II, B. 2. of this permit.
c. Burden of proof._
In any enforcement proceeding the permittee seeking to establish the occurrence of an upset has the _
burden of proof.
6. Removed Substances
Solids, sludges, filter backwash, or other pollutants removed in the course 6f treatment or-control of
wastewaters shall be disposed of in accordance with NCGS 143-215.1 and in a manner such as to prevent any
pollutant from such materials from entering waters of the State or navigable waters of the United States.
The permittee shall comply with all existing federal regulations governing the disposal of sewage sludge.
Upon promulgation of 40 CFR Part 503,any permit issued by the Permit Issuing Authority for the disposal
of sludge may be reopened and modified,or revoked and reissued,to incorporate applicable requirements a t
40 CFR Part 503. The perrittee shall comply with applicable 40 CFR Part 503 Standards for the Use and
Disposal of Sewage Sludge (when promulgated) within the time provided in the regulation, even if the
permit is not modified to incorporate the requirement. The permittee shall notify the Permit Issuing
Authority of any significant change in its sludge use or disposal practices.
Page 6 of 10
general Permit NCG550000
7. Power Failures
The permittee is responsible for maintaining adequate safeguards as required by DWQ Regulation, Title
15A, North Carolina Administrative Code, Subchapter 2H, .0124 Reliability, to prevent the discharge of
untreated or inadequately treated wastes during electrical power failures either by means of alternate
power sources,standby generators or retention of inadequately treated effluent.
SECTION D. MONITORING AND RECORDS
1. Representative Sampling
Samples collected and measurements taken, as required herein, shall be characteristic of the volume and
nature of the permitted discharge. Samples collected at a frequency less than daily shall be taken on a day
and time that is characteristic of the discharge over the entire period which the sample represents. All
samples shall be taken at the monitoring points specified in this permit and, unless otherwise specified,
before the effluent joins or is diluted by any other wastestream, body of water, or substance. Monitoring
points shall not be changed without notification to and the approval of the Permit Issuing Authority.
2. Flow Measurements
Appropriate flow measurement devices and methods consistent with accepted scientific practices shall be
selected and used to ensure the accuracy and reliability of measurements of the volume of monitored
discharges. The devices shall be installed, calibrated and maintained to ensure that the accuracy of the
measurements are consistent with the accepted capability of that type of device. Devices selected shall be
capable of measuring flows with a maximum deviation of less than 10% from the true discharge rates
throughout the range of expected discharge volumes.
3. 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 permit, all test procedures must produce
"minimum detection and reporting levels that are below the permit discharge requirements and all data
generated must be reported down to the minimum detection or lower reporting level of the procedure. If no
approved methods are determined capable of achieving minimum detection and reporting levels below
permit discharge requirements, then the most sensitive (method with the lowest possible detection and
reporting level)approved method must be used.
1
4. 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 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.
5. Records Retention
The permittee shall retain records of all monitoring information, including all calibration and maintenance
records and all original strip chart recordings for continuous monitoring instrumentation, copies of a 11
reports required by this permit,for a period of at least 3 years from the date of the sample, measurement,
report or application. This period may be extended by request of the Director at any time.
6. Recording Results
For each measurement or sample taken pursuant to the requirements of this permit, the permittee shall
record the following information:
a. The date,exact place,and time of sampling or measurements;
Page 7 of 10
General Permit NCG550000
b. The individual(s)who performed the sampling or measurements;
c. The date(s) analyses were performed;
d. The individual(s) who performed the analyses;
e. The analytical techniques or methods used; and
f. The results of such analyses.
7. Inspection and Entry
The permittee shall allow the Director, or an authorized representative, upon the presentation of
credentials and"other documents as may be required by law,to;
a. Enter upon the permittee's premises where a regulated facility or activity is located or conducted, or
where records must be kept under the conditions of this permit;
b. Have access to and copy any records that must be kept under the conditions of this permit,
c. Inspect any facilities,equipment(including monitoring and control equipment), practices, or operations
regulated or required Wder this permit;and
d. Sample or monitor, for the purposes of assuring permit compliance or as otherwise authorized by the
Clean Water Act, any substances or parameters at any location.
SECTION E. REPORTING REQUIREMENTS
1. Change in Discharge
All discharges authorized herein shall be consistent with the terms and conditions of this permit. The
discharge of any pollutant identified in this permit more frequently than or at a level in excess of that
authorized shall constitute a violation of the permit.
2. Planned Changes
The permittee shall give notice to the Director as soon as possible of any planned physical alterations or
additions to the permitted facility. Notice is required only when:
a. The alteration or addition to a permitted facility may meet one of the criteria for determining whether
a facility is a new source in 40 CFR Part 122.29 (b);or
b. The alteration or addition could significantly change the nature or increase the quantity of pollutants
discharged. This notification applies to pollutants which are subject neither to effluent limitations in
the permit,nor to notification requirements under 40 CFR Part 122.42 (a) (1).
3. Anticipated Noncompliance
The permittee shall give advance notice to the Director of any planned changes in the permitted facility or
activity which may result in noncompliance with permit requirements.
4. Transfers
This permit is not transferable to any.person except after notice to and approval by the Director. The
Director may require modification or revocation and reissuance of the permit and incorporating such other
requirements as may be necessary under the Clean Water Act.
5. Duty to Report Noncompliance
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.
(1) The written submission shall contain a description of the noncompliance, and its cause;the period of
noncompliance, including exact dates and times, and if the noncompliance has not been corrected,
the anticipated time it is expected to continue;and steps taken or planned to reduce, eliminate, and
prevent reoccurrence of the noncompliance.
Page 8 of 10
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General Permit NCG550000
b. The following shall be included as information which must be reported within 24 hours under this
paragraph.
(1) Any unanticipated bypass which exceeds any effluent limitation in the permit.
(2) Any upset which exceeds any effluent limitation in the permit.
(3) Violation of a maximum daily discharge limitation for any of the pollutants listed by the Director
in the permit to be reported within 24 hours.
c. The Director may waive the written report on a case-by-case basis for reports under paragraph b. above
of this condition if the oral report has been received within 24 hours.
6. Other Information
Where the permittee becomes aware that it failed to submit any relevant facts in a permit application, or
submitted incorrect information in a permit application or in any report to the Director, it shall promptly
submit the correct facts or information.
7. Noncompliance Notification Procedure
The permittee shall report by telephone to either the central office or the appropriate regional office of
the Division as soon as possible,but in no case more than 24 hours or on the next working day following the
occurrence or first knowledge of the occurrence of any of the following:
a. Any occurrence at the water pollution control facility which results in the discharge of significant
amounts of wastes which are abnormal in quantity or characteristic,such as the dumping of the contents
of a sludge digester; the known passage of a slug of hazardous substance through the facility; or any
other unusual circumstances.
b. Any process unit failure, due to known or unknown reasons, that render the facility in
of
adequate wastewater treatment such as mechanical or electrical failures of pumps, aerators,
compressors,etc.
c. Any failure of a pumping station, sewer line, or treatment facility resulting in a by-pass directly to
receiving waters without treatment of all or any portion of the influent to such station or facility.
Persons reporting such occurrences by telephone shall also file a written report in letter form within 5 days
following first knowledge of the occurrence.
8. Availability of Reports
Except for data determined to be confidential under NCGS 143-215.3(a)(2) or Section 308 of the Federal Act,
33 USC 1318, all reports prepared in accordance with the terms shall be made available for public
inspection at the offices of DWQ or at the site of the discharge within a reasonable time period, not to
exceed five (5) days. As required by the Act,effluent data shall not be considered confidential. Knowingly
making any false statement on any such report may result in the imposition of criminal penalties as
provided for in NCGS 143-215.1(b)(2) or in Section 309 of the Federal Act. 1
9. 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 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.
PART III
OTHER REQUIREMENTS
1. Previous Permits
All previous State water quality permits issued to this facility for this particular discharge, whether for
construction or operation or discharge,are hereby revoked by issuance of this permit and subsequent issuance
of a Certificate.of Coverage. The conditions,requirements,terms,and provisions of this permit authorizing
Page 9 of 10
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General Permit NCG550000
discharge under the National Pollutant Discharge Elimination System govern discharges from this
facility.
2. Construction
No construction of wastewater treatment facilities or additions thereto shall be begun u Plans and
until Final
Specifications have been submitted to DWQ and approval has been granted by the Division. Design and
operation of facilities and/or treatment works shall be in accordance with the application and supporting
information. If facility deficiencies, design and/or operational, are identified in the future which could
affect the facility performance or reliability, it is the responsibility of the permittee to correct such
deficiencies.
3. Limitations Reopener
This permit shall be modified or alternatively, revoked and reissued, to comply with any applicable
effluent guideline or water quality standard issued or approved under Sections 302(b) (2) (c), and (d), 304(b)
(2), and 307(a) (2) of the Clean Water Act, if the effluent guideline or water quality standard so issued or
approved:
a. contains different conditions or is otherwise more stringent than any effluent limitation in the permit;
or
b. controls any pollutant not limited in the permit.
The permit as modified or reissued under this paragraph shall also contain any other requirements in the
Act then applicable.
PART IV
ANNUAL ADMINISTERING & COMPLIANCE MONITORING FEE
The permittee must pay the annual administering and compliance monitoring fee (if any such fee is
assessed) within 30 days after being billed by the Division. Failure to pay such fees in a timely manner in
accordance with 15 NCAC 21-1.0105(b)(4) may cause the Division to initiate action to revoke the Certificate
of Coverage.
Page 10 of 10
MAR 1 81993
State of North Carolina AS� ...1:51A UAi_ITY SECTIONREGiONAI FICA
Department of Environment,Health and.Natural Resources
Division of Environmental Management_
512 North Salisbury Street•Raleigh,North Carolina 27604
James B.Hunt,Jr., Governor Jonathan B.Howes,Secretary
M
David L. Baird arch 12, 1993
P O Box 2509
Morganton, NC 28680
Subject: Permit No. NCO057631 .
Laurel Creek MHP
Burke County
Dear Mr. Baird
In accordance with your application for discharge permit received on August 20, 1992,
we are forwarding herewith the subject state NPDES 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 6, 1983.
If any parts, measurement frequencies or sampling requirements contained in this permit
are unacceptable to you, you have the right to an adjudicatory hearing upon written request
within thirty (30) days following receipt of this letter. This request must be in the form of a
written petition,conforming to Chapter 150B of the North Carolina General Statutes, and filed
with the Office of Administrative Hearings, Post Office Drawer 27447, Raleigh, North
Carolina 27611 -7447. Unless such demand is made, this decision shall be final and binding.
Please take notice this permit is not transferable. Part II, EA. addresses the requirements
to be followed in case of change in ownership or control of this discharge.
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 Actor any other Federal or Local governmental
permit that may be required.
If you have any questions concerning this permit, please contact Ms.. Susan Robson at
telephone number 919/733-5083.
Sincerely,
Original Signed By
Coleen H. Sullins
A. Preston Howard,Jr.
Acting Director
cc: Mr. Jim Patrick EPA
Pollution Prevention Pays
P.O.Box 29535,Raleigh,North Carolina 27626-0535 Telephone 919-733-7015
An Equal Opportunity Affirmative Action Employer
Perm% v,46. NCO057631
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATURAL RESOURCES
DIVISION OF ENVIRONMENTAL MANAGEMENT
PERMIT
TO DISCHARGE WASTEWATER UNDER THE
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,
Laurel Creek Mobile Home Park
is hereby authorized to discharge wastewater from a facility located at
Highway 18 South
Morganton
Burke County
to receiving waters designated as Laurel Creek in the Catawba River Basin
in accordance with effluent limitations,monitoring requirements,and other conditions set forth in
Parts I, II, and III hereof.
This permit shall become effective April 1, 1993
This permit and the authorization to discharge shall expire at midnight on May 31, 1995
Signed this day March 12, 1993
Crigleen H. Sullins
Co s
A. Preston Howard, Jr., Acting Director
Division of Environmental Management
By Authority of the Environmental Management Commission
Permit No. NCO057631
SUPPi.EM.EW TO Pl Rll IT COVER SHEET
Laurel Creek Mobile Home Park
is hereby authorized to:
1. Continue to operate a 0.0009 MGD wastewater treatment facility consisting of a septic tank and
subsurface sandfilter sytem located at Highway 18 South, Morganton,Burke County (See Part
III of this Permit), and
2. Discharge from said treatment works at the location specified on the attached map into Laurel
Creek which is classified Class C waters in the Catawba River Basin.
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PART I
Section B. Schedule of Compliance
1. The permittee shall comply with Final Effluent Limitations specified for discharges in
accordance with the following schedule:
Permittee shall comply with Final Effluent Limitations by the effective date of the permit unless
specified below.
2. Permittee shall at all times provide the operation and maintenance necessary to operate the
existing facilities at optimum efficiency.
3. No later than 14 calendar days following a date identified in the above schedule of compliance,
the permittee shall submit either a report of progress or, in the case of specific actions being
required by identified dates, a written notice of compliance or noncompliance. In the latter
case, the notice shall include the cause of noncompliance,any remedial actions taken, and the
probability of meeting the next schedule requirements.
f` Part n
Page 1 of 14
PART II
STANDARD CONDITIONS FOR NPDES PERMITS
SECTION A. DEFINITIONS
1. Permit Issuing Authority.
The Director of the Division of Environmental Management.
2. DEM or Division
Means the Division of Environmental Management,Department of Environment, Health and
Natural Resources.
3. EMC
Used herein means the North Carolina Environmental Management Commission.
4. Act or"the Act"
The Federal Water Pollution Control Act,also known as the Clean Water Act, as amended, 33
USC 1251, et. seq.
5. Mass/Day Measurements
a. The "monthly average discharge" is defined as the total mass of all daily discharges
sampled and/or measured during a calendar month on which daily discharges are sampled
and measured,divided by the number of daily discharges sampled and/or measured during
such month. It is therefore, an arithmetic mean found by adding the weights of the
pollutant found each day of the month and then dividing this sum by the number of days
the tests were reported. The limitation is identified as "Monthly Average" in Part I of the
permit
b: The "weekly average discharge is defined as the total mass of all daily discharges sampled
and/or measured during the calendar week (Sunday - Saturday) on which daily discharges
are sampled and measured, divided by the number of daily discharges sampled and/or
measured during such week. It is, therefore, an arithmetic mean found by adding the
weights of pollutants found each day of the week and then dividing this sum by the
number of days the tests were reported. This limitation is identified as "Weekly Average"
in Part I of the permit.
c. The "maximum daily discharge" is the total mass (weight)of a pollutant discharged during
a calendar day. If only one sample is taken during any calendar day the weight of pollutant
calculated from it is the "maximum daily discharge." This limitation is identified as "Daily
Maximum," in Part I of the permit
d. The"average annual discharge" is defined as the total mass of all daily discharges sampled
and/or measured during the calendar year on which daily discharges are sampled and
measured,divided by the number of daily discharges sampled and/or measured during such
year. It is therefore, an arithmetic mean found by adding the weights of pollutants found
each day of the year and then dividing this sum by the number of days the tests were
reported. This limitation is defined as "Annual Average" in Part I of the permit.
{
Part II
Page 2 of 14
6. Concentration Measurement
a. The "average monthly concentration," other than for fecal coliform bacteria, is the sum of
the concentrations of all daily discharges sampled and/or measured during a calendar month
on which daily discharges are sampled and measured, divided by the number of daily
discharges sampled and/or measured during such month (arithmetic mean of the daily
concentration values). The daily concentration value is equal to the concentration of a
composite sample or in the case of grab samples is the arithmetic mean (weighted by flow
value)of all the samples collected during that calendar day. The average monthly count for
fecal coliform bacteria is the geometric mean of the counts for samples collected during a
calendar month. This limitation is identified as "Monthly Average" under"Other Limits" in
Part I of the permit.
b. The "average weekly concentration,"other than for fecal coliform bacteria,is the sum of the
concentrations of all daily discharges sampled and/or measured during a calendar week
(Sunday/Saturday) on which daily discharges are sampled and measured divided by the
number of daily discharges sampled and/or measured during such week(arithmetic mean of
the daily concentration values). The daily concentration value is equal to the concentration
of a composite sample or in the case of grab samples is the arithmetic mean (weighted by
flow value)of all the samples collected during that calendar day. The average weekly count
for fecal coliform bacteria is the geometric mean of the counts for samples collected during
a calendar week. This limitation is identified as "Weekly Average" under"Other Limits" in
Part I of the permit.
c. The "maximum daily concentration is the concentration of a pollutant discharge during a
calendar day. If only one sample is taken during any calendar day the concentration of
pollutant calculated from it is the "Maximum Daily Concentration". It is identified as
"Daily Maximum"under"Other Limits" in Part I of the permit.
d. The "average annual concentration," other than for fecal coliform bacteria,is the sum of the
concentrations of all daily discharges sampled and/or measured during a calendar year on
which daily discharges are sampled and measured divided by the number of daily
discharges sampled and/or measured during such year (arithmetic mean of the daily
concentration values). The daily concentration value is equal to the concentration of a
composite sample or in the case of grab samples is the arithmetic mean (weighted by flow
value) of all the samples collected during that calendar day . The average yearly count for
fecal coliform bacteria is the geometric mean of the counts for samples collected during a
calendar year. This limitation is identified as "Annual Average" under "Other Limits" in
Part I of the permit.
e. The "daily average concentration" (for dissolved oxygen)is the minimum allowable amount
of dissolved oxygen required to be available in the effluent prior to discharge averaged
over a calendar day. If only one dissolved oxygen sample is taken over a calendar day, the
sample is considered to be the "daily average concentration" for the discharge. It is
identified as "daily average" in the text of Part I.
f. The "quarterly average concentration" is the average of all samples taken over a calendar
quarter. It is identified as "Quarterly Average Limitation" in the text of Part I of the permit.
g. A calendar quarter is defined as one of the following distinct periods: January through
March, April through June,July through September, and October through December.
' Part II
Page 3 of 14
7. Other Measurements
a. Flow, (MGD) The flow limit expressed in this permit is the 24 hours average flow,
averaged monthly. It is determined as the arithmetic mean of the total daily flows recorded
during the calendar month.
b. An "instantaneous flow measurement"is a measure of flow taken at the time of sampling,
when both the sample and flow will be representative of the total 'discharge.
c. A "continuous flow measurement"is a measure of discharge flow from the facility which
occurs continually without interruption throughout the operating hours of the facility. Flow
shall be monitored continually except for the infrequent times when there may no flow
or for infrequent maintenance activities on the flow device.
8. Types of Saml2les
a. Composite Sample: A composite sample shall consist of:
(1) a series of grab samples collected at equal time intervals over a 24 hour period of
discharge and combined proportional to the rate of flow measured at the time of
individual sample collection,or
(2) a series of grab samples of equal volume collected over a 24 hour period with the time
intervals between samples determined by a preset number of gallons passing the
sampling point. Flow measurement between sample intervals shall be determined by
use of a flow recorder and totalizer, and the present gallon interval between sample
collection fixed at no greater than 1/24 of the expected total daily flow at the treatment
system, or
(3) a single, continuous sample collected over a 24 hour period proportional to the rate of
flow.
In accordance with (1) above, the time interval between influent grab samples shall be no
greater than once per hour,and the time interval between effluent grab samples shall be no
greater than once per hour except at wastewater treatment systems having a detention time
of greater than 24 hours. In such cases, effluent grab samples may be collected at time
intervals evenly spaced over the 24 hour period which are equal in number of hours to the
detention time of the system in number of days. However,in no case may the time interval
between effluent grab samples be greater than six (6)hours nor the number of samples less
than four(4)during a 24 hour sampling period.
b. Grab Sample: Grab samples are individual samples collected over a period of time not
exceeding 15 minutes; the grab sample can be taken manually. Grab samples must be
representative of the discharge or the receiving waters.
9 Calculation of Means
a Arithmetic Mean: The arithmetic mean of any set of values is the summation of the
individual values divided by the number of individual values.
b. Geometric Mean: The geometric mean of any set of values is the Nth root of the product of
the individual values where N is equal to the number of individual values. The geometric
mean is equivalent to the antilog of the arithmetic mean of the logarithms of the individual
values. For purposes of calculating the geometric mean, values of zero (0) shall be
considered to be one (1).
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Page 4 of 14
c. Weighted by Flow Value: Weighted by flow value means the summation of each
concentration times its respective flow divided by the summation of the respective flows.
10. Calendar Dav
A calendar day is defined as the period from midnight of one day until midnight of the next
day. However, for purposes of this permit, any consecutive 24-hour period that reasonably
represents the calendar day may used for sampling.
11. Hazardous Substance
A hazardous substance means any substance designated under 40 CFR Part 116 pursuant to
Section 311 of the Clean Water Act.
12. Toxic Pollutant
A toxic pollutant is any pollutant listed as toxic under Section 307(a)(1)of the Clean Water Act.
SECTION B. GENERAL CONDITIONS
1. Duty to Comply
The permittee must comply with all conditions of this permit. Any permit noncompliance
constitutes a violation of the Clean Water Act and is grounds for enforcement action;for permit
termination, revocation and reissuance, or modification; or denial of a permit renewal
application.
a. The permittee shall comply with effluent standards or prohibitions established under
section 307(a) of the Clean Water Act for toxic pollutants and with standards for sewage
sludge use or disposal established under section 405(d) of the Clean Water Act within the
time provided in the regulations that establish these standards or prohibitions or standards
for sewage sludge use or disposal, even if the permit has not yet been modified to
incorporate the requirement.
b. The Clean Water Act provides that any person who violates a permit condition is subject to
a civil penalty not to exceed $25,000 per day for each violation. Any person who
negligently violates any permit condition is subject to criminal penalties of $2,500 to
$25,000 per day of violation, or imprisonment for not more than 1 year, or both. Any
person who knowingly violates permit conditions 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. Also,
any person who violates a permit condition may be assessed an administrative penalty not
to exceed$10,000 per violation with the maximum amount not to exceed$125,000. [Ref:
Section 309 of the Federal Act 33 U.S.C. 1319 and 40 CFR 122.41 (a)]
c. Under state law, a civil penalty of not more than ten thousand dollars ($10,000) 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. [Ref: North Carolina General Statutes
§ 143-215.6A]
d. Any person may be assessed an administrative penalty by the Administrator for violating
section 301, 302, 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. Administrative penalties for Class I violations are not to exceed$10,000 per violation,
with the maximum amount of any Class I penalty assessed not to exceed $25,000.
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Penalties for Class II violations are not to exceed $10,000 per day for each day during
which the violation continues, with the maximum amount of any Class II penalty not to
exceed$125,000.
2. Duty to Mitigate
The permittee shall take all reasonable steps to minimize or prevent any discharge or sludge use
or disposal in violation of this permit which has a reasonable likelihood of adversely affecting
human health or the environment.
3. Civil and Criminal Liabhity
Except as provided in permit conditions on "Bypassing" (Part II, C-4) and "Power Failures"
(Part II, C-7), nothing in this permit shall be construed to relieve the permittee from any
responsibilities, liabilities,or penalties for noncompliance pursuant to NCGS 143-215.3, 143-
215.6 or Section 309 of the Federal Act, 33 USC 1319. Furthermore, the permittee is
responsible for consequential damages, such as fish kills, even though the responsibility for
effective compliance may be temporarily suspended.
4. Oil and Hazardous.Substance T iabiI4
Nothing in this permit shall be construed to preclude the institution of any legal action or relieve
the permittee from any responsibilities,liabilities,or penalties to which the permittee is or may
be subject to under NCGS 143-215.75 et seq.or Section 311 of the Federal Act,33 USG 1321.
Furthermore, the permittee is responsible for consequential damages, such as fish kills, even
though the responsibility for effective compliance may be temporarily suspended.
5. Properly Rights
The issuance of this permit does not convey any property rights in either real or personal
property,or any exclusive privileges,nor does it authorize any injury to private property or any
invasion of personal rights, nor any infringement of Federal, State or local laws or regulations.
6. Onshore or Offshore Construction
This permit does not authorize or approve the construction of any onshore or offshore physical
structures or facilities or the undertaking of any work in any navigable waters.
7. Severabiliry
The provisions of this permit are severable, and if any provision of this permit, or the
application of any provision of this permit to any circumstances, is held invalid, the application
of such provision to other circumstances, and the remainder of this permit, shall not be affected
thereby.
8. Duty to Provide Information
The permittee shall furnish to the Permit Issuing Authority, within a reasonable time, any
information which the Permit Issuing Authority may request to determine whether cause exists
for modifying, revoking and reissuing, or terminating this permit or to determine compliance
with this permit. The permittee shall also furnish to the Permit Issuing Authority upon
request,copies of records required to be kept by this permit.
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9. Duty to Reannly
If the permittee wishes to continue an activity regulated by this permit after the expiration date
of this permit,the permittee must apply for and obtain a new permit.
10. Expiration of Permit
The permittee is not authorized to discharge after the expiration date. In order to receive
automatic authorization to discharge beyond the expiration date,the permittee shall submit such
information,forms, and fees as are required by the agency authorized to issue permits no later
than 180 days prior to the expiration date. Any permittee that has not requested renewal at least
180 days prior to expiration, or any permittee that does not have a permit after the expiration
and has not requested renewal at least 180 days prior to expiration,will subject the permittee to
enforcement procedures as provided in NCGS 143-215.6 and 33 USC 1251 et. seq.
11. Signatory RcQuirements
All applications, reports, or information submitted to the Permit Issuing Authority shall be
signed and certified.
a. All permit applications shall be signed as follows:
(1) For a corporation: by a responsible corporate officer. For the purpose of this Section,
a responsible corporate officer means: (a) a president, secretary, treasurer or vice
president of the corporation in charge of a principal business function, or any other
person who performs similar policy or decision making functions for the corporation,
or (b) the manager of one or more manufacturing production or operating facilities
employing more than 250 persons or having gross annual sales or expenditures
exceeding 25 million (in second quarter 1980 dollars), if 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.
b. All reports required by the permit and other information requested by the Permit Issuing
Authority shall be signed by a person described above or by a duly authorized
representative of that person. A person is a duly authorized representative only if:
(1) The authorization is made in writing by a person described above;
(2) The authorization specified either an individual or a position having responsibility for
the overall operation of the regulated facility or activity, such as the position of plant
manager, operator of a well or well field, superintendent, a position of equivalent
responsibility, or an individual or position having overall responsibility for
environmental matters for the company. (A duly authorized representative may thus be
either a named individual or any individual occupying a named position.); and
(3)The written authorization is submitted to the Permit Issuing Authority.
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Page 7 of 14
c. Certification. Any person signing a document under paragraphs a. or b. of this section
shall make the following certification:
"I certify, under penalty of law,that this document and all attachments were prepared under
my direction or supervision in accordance with a system designed to assure that qualified
personnel properly gather and evaluate the information submitted. Based on my inquiry of
the person or persons who manage the system,or those persons directly responsible for
gathering the information, the information submitted is, to the,,best of my knowledge and
belief, true, accurate, and complete. I am aware that there are significant penalties for
submitting false information, including the possibility of fines and imprisonment for
knowing violations."
12. Permit Action
This permit may be modified, revoked and reissued,or terminated for cause. The filing of a
request by the permittee for a permit modification,revocation and reissuance,or termination,
or a notification of planned changes or anticipated noncompliance does not stay any permit
condition.
13. Permit Modification Revocation and Reissuance or Termination
The issuance of this permit does not prohibit the permit issuing authority from reopening and
modifying the permit,revoking and reissuing the permit,or terminating the permit as allowed
by the laws, rules, and regulations contained in Title 40,Code of Federal Regulations, Parts
122 and 123; Title 15A of the North Carolina Administrative Code, Subchapter 2H .0100; and
North Carolina General Statute 143-215.1 et. al.
14. Previous Permits
All previous National Pollutant Discharge Elimination System Permits issued to this facility,
whether for operation or discharge, are hereby revoked by issuance of this permit. [The
exclusive authority to operate this facility arises under this permit. The authority to operate the
facility under previously issued permits bearing this number is no longer effective. ] The
conditions,requirements,terms,and provisions of this permit authorizing discharge under the
National Pollutant Discharge Elimination System govern discharges from this facility.
SECTION C. OPERATION AND MAINTENANCE OF POLLUTION CONTROLS
1. Certified Operator
Pursuant to Chapter 90A-44 of North Carolina General Statutes, and upon classification of the
facility by the Certification Commission, the permittee shall employ a certified wastewater
treatment plant operator in responsible charge (ORC) of the wastewater treatment facilities.
Such operator must hold a certification of the grade equivalent to or greater than the
classification assigned to the wastewater treatment facilities by the Certification Commission.
The permittee must also employ a certified back-up operator of the appropriate type and any
grade to comply with the conditions of Title 15A, Chapter 8A .0202. The ORC of the facility
must visit each Class I facility at least weekly and each Class H, III, and IV facility at least
daily, excluding weekends and holidays,`and must properly manage and document daily
operation and maintenance of the facility and must comply with all other conditions of Title
15A, Chapter 8A .0202. Once the facility is classified, the permittee shall submit a letter to the
Certification Commission which designates the operator in responsible charge within thirty
days after the wastewater treatment facilities are 50% complete.
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2. Proper Qperation 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 the permit.
3. Need to Halt or Reduce not a Defense
It shall not be a defense for a permittee in an enforcement action that it would have been
necessary to halt or reduce the permitted activity in order to maintain compliance with the
condition of this permit.
4. By assing of Treatment Facilities
a. Definitions -
(1) "Bypass" means the known diversion of waste streams from any portion of a treatment
facility including the collection system, which is not a designed or established or
operating mode for the facility.
(2) "Severe property damage" means substantial physical damage to property, damage to
the treatment facilities which causes them to become inoperable, or substantial and
permanent loss of natural resources which can reasonably be expected to occur in the
absence of a bypass. Severe property damage does not mean economic loss caused by
delays in production.
b. Bypass not exceeding limitations.
The permittee may allow any bypass to occur which does not cause effluent limitations to
be exceeded, but only if it also is for essential maintenance to assure efficient operation.
These bypasses are not subject to the provisions of Paragraphs c. and d. of this section.
c. Notice
(1) Anticipated bypass. If the permittee knows in advance of the need for a bypass, it
shall submit prior notice, if possible at least ten days before the date of the bypass
including an evaluation of the anticipated quality and affect of the bypass.
(2)Unanticipated bypass. The permittee shall submit notice of an unanticipated bypass as
required in Part H,E. 6.of this permit. (24 hour notice).
d. Prohibition of Bypass
(1) Bypass is prohibited and the Permit Issuing Authority may take enforcement action
against a permittee for bypass, unless:
(A) Bypass was unavoidable to prevent loss of life, personal injury or severe property
damage;
(B) There were no feasible alternatives to the bypass, such as the use of auxiliary
treatment facilities, retention of untreated wastes or maintenance during normal
Part H
Page 9 of 14
periods of equipment downtime. This condition is not satisfied if adequate backup
equipment should have been installed in the exercise of reasonable engineering
judgment to prevent a bypass which occurred during normal periods of equipment
downtime or preventive maintenance;and
(C)The permittee submitted notices as required under Paragraph c. of this section.
(2)The Permit Issuing Authority may approve an anticipated bypass, after considering its
adverse affects,if the Permit Issuing Authority determines that it will.meet the three
conditions listed above in Paragraph d. (1) of this section.
5. Upsets
a. Definition.
"Upset " means an exceptional incident in which there is unintentional and temporary
noncompliance with technology based permit effluent limitations because of factors
beyond the reasonable control of the permittee. An upset does not include noncompliance
to the extent caused by operational error, improperly designed treatment facilities,
inadequate treatment facilities, lack of preventive maintenance, or careless or improper
operation.
b. Effect of an upset.
An upset constitutes an affirmative defense to an action brought for noncompliance with
such technology based permit effluent limitations if the requirements of paragraph c. of this
condition are met. No determination made during administrative review of claims that
noncompliance was caused by upset, and before an action for noncompliance, is final
administrative action subject to judicial review.
c. Conditions necessary for a demonstration of upset.
A permittee who wishes to establish the affirmative defense of upset shall demonstrate,
through properly signed,contemporaneous operating logs,or other relevant evidence that:
(1)An upset occurred and that the permittee can identify the cause(s)of the upset;
(2)The permittee facility was at the time being properly operated;and
(3)The permittee submitted notice of the upset as required in Part H, E. 6. (b) (B) of this
permit
(4) The permittee complied with any remedial measures required under Part H, B. 2.of this
permit
d. Burden of proof.
In any enforcement proceeding the permittee seeking to establish the occurrence of an upset
has-the burden of proof.
6. Removed Substances
Solids, sludges, filter backwash, or other pollutants removed in the course of treatment or
control of wastewaters shall be utilized/disposed of in accordance with NCGS 143-215.1 and in
a manner such as to prevent any pollutant from such materials from entering waters of the State
or navigable waters of the United States. The permittee shall comply with all existing federal
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regulations governing the disposal of sewage sludge.Upon promulgation of 40 CFR Part 503,
any permit issued by the Permit Issuing Authority for the utilization/disposal of sludge may be
reopened and modified, or revoked and reissued, to incorporate applicable requirements at 40
CFR Part 503. The permittee shall comply with applicable 40 CFR Part 503 Standards for the
Use and Disposal of Sewage Sludge (when promulgated) within the time provided in the
regulation, even if the permit is not modified to incorporate the requirement. The permittee
shall notify the Permit Issuing Authority of any significant change in its sludge use or disposal
practices.
7 Power Failures
The permittee is responsible for maintaining adequate safeguards as required by DEM
Regulation,Title 15A,North Carolina Administrative Code, Subchapter 2H, .0124 Reliability,
to prevent the discharge of untreated or inadequately treated wastes during electrical power
failures either by means of alternate power sources, standby generators or retention of
inadequately treated effluent
SECTION D. MONITORING AND RECORDS
1. Representative Sampling
Samples collected and measurements taken, as required herein, shall be characteristic of the
volume and nature of the permitted discharge. Samples collected at a frequency less than daily
shall be taken on a day and time that is characteristic of the discharge over the entire period
which the sample represents. All samples shall be taken at the monitoring points specified in
this permit and, unless otherwise specified, before the effluent joins or is diluted by any other
wastestream, body of water, or substance. Monitoring points shall not be changed without
notification to and the approval of the Permit Issuing Authority.
2. Reppl:in
Monitoring results obtained during the previous month(s)shall be summarized for each month
and reported on a monthly Discharge Monitoring Report(DMR)Form (DEM No. MR 1, 1.1, 2,
3) or alternative forms approved by the Director,DEM,postmarked no later than the 30th day
following the completed reporting period.
The first DMR is due on the last day of the month following the issuance of the permit or in the
case of a new facility,on the last day of the month following the commencement of discharge.
Duplicate signed copies of these, and all other reports required herein, shall be submitted to the
following address:
Division of Environmental Management
Water Quality Section
ATTENTION: Central Files
Post Office Box 29535
Raleigh, North Carolina 27626-0535
3. Flow Measurements
Appropriate flow measurement devices and methods consistent with accepted scientific
practices shall be selected and used to ensure the accuracy and reliability of measurements of
the volume of monitored discharges. The devices shall be installed, calibrated and maintained
to ensure that the accuracy of the measurements are consistent with the accepted capability of
that type of device. Devices selected shall be capable of measuring flows with a maximum
deviation of less than + 10% from the true discharge rates throughout the range of expected
t
Part II
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discharge volumes._Once-through condenser cooling water flow which is monitored by pump
logs,or pump hour meters as specified in Part I of this permit and based on the manufacturer's
pump curves shall not be subject to this requirement.
4. Test Procedures
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;or in the case of sludge use or
disposal, approved under 40 CFR 136, unless otherwise specified in 40 CFR 503, unless
other test procedures have been specified in this permit.
To meet the intent of the monitoring required by this permit, all test procedures must produce
minimum detection and reporting levels that are below the permit discharge requirements and
all data generated must be reported down to the minimum detection or lower reporting level of
the procedure. If no approved methods are determined capable of achieving minimum
detection and reporting levels below permit discharge requirements, then the most sensitive
(method with the lowest possible detection and reporting level)approved method must be used.
5. Penalties for Tam1rin�g
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
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.
6. Records Retention
Except for records of monitoring information required by this permit related to the permittee's
sewage sludge use and disposal activities, which shall be retained for a period of at least five
years (or longer as required by 40 CFR 503), the permittee shall retain records of all
monitoring information, including all calibration and maintenance records and all original strip
chart recordings for continuous monitoring instrumentation, copies of all reports required by
this permit,for a period of at least 3 years from the date of the sample, measurement,report
or application. This period may be extended by request of the Director at any time.
7. Recording Results
For each measurement or sample taken pursuant to the requirements of this permit, the
permittee shall record the following information:
a. The date,exact place,and time of sampling or measurements;
b. The individual(s)who performed the sampling or measurements;
c. The date(s) analyses were performed;
d. The individual(s)who performed the analyses;
e. The analytical techniques or methods used;and
f. The results of such analyses.
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8. Insnection and Entry
The permittee shall allow the Director,or an authorized representative(including an authorized
contractor acting as a representative of the Director),upon the presentation of credentials and
other documents as may be required by law,to;
a. Enter upon the permittee's premises where a regulated facility or activity is located or
- conducted,or where records must be kept under the conditions of this permit;
b. Have access to and copy, at reasonable times, any records that must be kept under the
conditions of this permit;
c. Inspect at reasonable times any facilities, equipment (including monitoring and control
equipment),practices,or operations regulated or required under this permit; and
d. Sample or monitor at reasonable times,for the purposes of assuring permit compliance or
as otherwise authorized by the Clean Water Act, any substances or parameters at any
location.
SECTION E. REPORTING REOUIREM ENTS
1. Change in Discharge
All discharges authorized herein shall be consistent with the terms and conditions of this
permit. The discharge of any pollutant identified in this permit more frequently than or at a
level in excess of that authorized shall constitute a violation of the permit.
2. Planned Changes
The permittee shall give notice to the Director as soon as possible of any planned physical
alterations or additions to the permitted facility. Notice is required only when:
a. The alteration or addition to a permitted facility may meet one of the criteria for determining
whether a facility is a new source in 40 CFR Part 122.29 (b); or
b. The alteration or addition could significantly change the nature or increase the quantity of
pollutants discharged. This notification applies to pollutants which are subject neither to
effluent limitations in the permit, nor to notification requirements under 40 CFR Part 122.42
(a) (1)
c. The alteration or addition results in a significant change in the permittee's sludge use or
disposal practices, and such alternation, addition or change may justify the application of
permit conditions that are different from or absent in the existing permit, including
notification of additional use or disposal sites not reported during the permit application
process or not reported pursuant to an approved land application plan.
3. Anticipated Noncompliance
The permittee shall give advance notice to the Director of any planned changes in the permitted
facility or activity which may result in noncompliance with permit requirements.
_''Part Il
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4. Transfers
This permit is not transferable to any person except after notice to the Director. The Director
may require modification or revocation and reissuance of the permittee and incorporate such
other requirements as may be necessary under the Clean Water Act.
5. Monitoring Reports
Monitoring results shall be reported at the intervals specified elsewhere in this permit.
a. Monitoring results must be reported on a Discharge Monitoring Report(DMR) (See Part II.
D.2 of this permit)or forms provided by the Director for reporting results of monitoring of
sludge use or disposal practices.
b. If the permittee monitors any pollutant more frequently than required by the permit, using
test procedures specified in Part II D. 4. of this permit or in the case of sludge use or
disposal, approved under 40 CFR 503, or as specified in this permit, the results of this
monitoring shall be included in the calculation and reporting of the data submitted in the
DMR
c. Calculations for all limitations which require averaging of measurements shall utilize an
arithmetic mean unless otherwise specified by the Director in the permit.
6. 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. The written submission shall contain a
description of the noncompliance,and its cause; the period of noncompliance, including
exact dates and times,and if the noncompliance has no been corrected,the anticipated time
it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent
reoccurrence of the noncompliance.
b. The following shall be included as information which must be reported within 24 hours
under this paragraph:
(1) Any unanticipated bypass which exceeds any effluent limitation in the permit
(2)Any upset which exceeds any effluent limitation in the permit
(3)Violation of amaximum daily discharge limitation for any of the pollutants listed by the
Director in the permit to be reported within 24 hours.
c. The Director may waive the written report on a case-by-case basis for reports under
paragraph b. above of this condition if the oral report has been received within 24 hours.
7. Other Noncompliance
The permittee shall report all instances of noncompliance not reported under Part II. E. 5 and 6.
of this permit at the time monitoring reports are submitted. The reports shall contain the
information listed in Part IL. E. 6. of this permit.
Ask
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8. Other Information
Where the permittee becomes aware that it failed to submit any relevant facts in a permit
application,or submitted incorrect information in a permit application or in any report to the
Director,it shall promptly submit such facts or information.
9. Noncompliance Notification
The permittee shall report by telephone to either the central office or the appropriate regional
office of the Division as soon as possible, but in no case more than 24 hours or on the next
working day following the occurrence or first knowledge of the occurrence of any of the
following:
a. Any occurrence at the water pollution control facility which results in the discharge of
significant amounts of wastes which are abnormal in quantity or characteristic, such as the
dumping of the contents of a sludge digester, the known passage of a slug of hazardous
substance through the facility; or any other unusual circumstances.
b. Any process unit failure, due to known or unknown reasons, that render the facility
incapable of adequate wastewater treatment such as mechanical or electrical failures of
pumps, aerators, compressors, etc.
c. Any failure of a pumping station, sewer line, or treatment facility resulting in a by-pass
directly to receiving waters without treatment of all or any portion of the influent to such
station or facility.
Persons reporting such occurrences by telephone shall also file a written report in letter form
within 5 days following first knowledge of the occurrence.
10. Availability of Reports
Except for data determined to be confidential under NCGS 143-215.3(a)(2) or Section 308 of
the Federal Act, 33 USC 1318, all reports prepared in accordance with the terms shall be
available for public inspection at the offices of the Division of Environmental Management. As
required by the Act, effluent data shall not be considered confidential. Knowingly making any
false statement on any such report may result in the imposition of criminal penalties as provided
for in NCGS 143-215.1(b)(2) or in Section 309 of the Federal Act.
11. Penalties for Falsification of Reps
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 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.
PART III
OTBER REQUIREMENTS
A. Construction
No construction of wastewater treatment facilities or additions to add to the plant's treatment
capacity or to change the type of process utilized at the treatment plant shall be begun until
Final Plans and Specifications have been submitted to the Division of Environmental
Management and written approval and Authorization to Construct has been issued.
B. Groundwater Monitoring
The permittee shall, upon written notice from the Director of the Division of Environmental
Management, conduct groundwater monitoring as may be required to determine the
compliance of this NPDES permitted facility with the current groundwater standards.
C. Changes in Discharges of Toxic Substances
The permittee shall notify the Permit Issuing Authority as soon as it knows or has reason to
believe:
a.That any activity has occurred or will occur which would result in the discharge, on a
routine or frequent basis, of any toxic pollutant which is not limited in the permit, if that
discharge will exceed the highest of the following "notification levels";
(1) One hundred micrograms per liter(100 ug/1);
(2)Two hundred micrograms per liter (200 ug/1) for acrolein and acrylonitrile; five
hundred micrograms per liter (500 ug/1) for 2.4-dinitrophenol and for 2-methyl-4.6-
dinitrophenol; and one milligram per liter(l mg/1) for antimony;
(3) Five (5) times the maximum concentration value reported for that pollutant in the
permit application.
b. That any activity has occurred or will occur which would result in any discharge, on a
non-routine or infrequent basis,of a toxic pollutant which is not limited in the permit, if
that discharge will exceed the highest of the following"notification levels'
(1)Five hundred micrograms per liter(500 ug/1);
(2) One milligram per liter(1 mg/1) for antimony;
(3) Ten (10) times the maximum concentration value reported for that pollutant in the
permit application.
D. Requirement to Continually Evaluate Alternatives to Wastewater Discharges
The permittee shall continually evaluate all wastewater disposal alternatives and pursue the
most environmentally sound alternative of the reasonably cost effective alternatives. If the
facility is in substantial non-compliance with the terms and conditions of the NPDES permit
or governing rules, regulations or laws, the permittee shall submit a report in such form and
detail as required by the Division evaluating these alternatives and a plan of action within
sixty (60) days of notification by the Division.
PART TV
ANNUAL ADMINISTERING AND COMPLIANCE MONITORING FEE REQUIREMENTS
A. The permittee must pay the annual administering and compliance monitoring fee within 30
(thirty) days after being billed by the Division. Failure to pay the fee in a timely manner in
accordance with 15A NCAC 2H .0105(b)(4) may cause this Division to initiate action to
revoke the permit
-FILL!
Dd +T "Ll R., ti DESAR.T
ettr
Certified Mail #7015 1520 0003 5463 0936
Return Receipt Requested
September 26, 2016
David Baird ,�c.r,
1950 Duckworth Ave
Morganton, NC 28655T "W k v
SUBJECT: NOTICE OF DEFICIENCY
Tracking Number: NOD-2016-PC-0415 '�`" 4
Permit No. NCG550655
4136 NC HWY 18 S
Burke County
Dear Permittee:
The North Carolina Division of Water Resources conducted a Compliance Evaluation Inspection at 4136 NC HWY 18
S, Morganton, NC on September 1, 2016. This inspection was conducted to verify that the Single Family Residence
wastewater (SFR) system is operating in compliance with the conditions and limitations specified in NPDES WW
Permit No. NCG550655. A summary of the findings and comments noted during the.inspection are provided in the
enclosed copy of the inspection report.
The Compliance Evaluation Inspection was conducted by Division of Water Resources staff from the Asheville
Regional Office. The following deficiencies were noted during the inspection:
Inspection Area Description of Deficiencies
Effluent Sampling Annual sampling records were not available at the time of the inspection.
[NCG550000 Part I. A. Effluent Limitations and Monitoring Requirements(see
table in NCG550000 permit)]
Septic Tank Septic tank maintenance records were not available at the time of the inspection.
[NCG550000 Part I.A. 3. Permit Conditions(Operations&Maintenance) Septic
tanks shall be inspected at least yearly to determine if solids mustbe removed or
if other maintenance is necessary. Septic tanks shall be pumped out every five
years or when the solids level is found to be more than 1/3 of the liquid depth in
any compartment.]
Effluent Pipe Top effluent pipe appeared to be clogged with sediment.
[NCG550000 Part I.A. 4. (Operations&Maintenance)All system components,
including but not necessarily limited to, septic tanks,surface sand filters, other
filter components, pump/recirculation tanks, disinfection units and the outfalls
shall be maintained at all times and in good operating order.]
Disinfection-Tablet Unable to determine if chlorine tablets were in use. \
[NCG550000 Part I. A. 4. (Operations&Maintenance)All system components,
including but not necessarily limited to,septic tanks,surface sand filters, other
filter components, pump/recirculation tanks, disinfection units and the outfalls
shall be maintained at all times and in good operating order.]
Corrective Measures for the deficiencies noted above:
Effluent Sampling: Sample and report results to Asheville Regional Office.
Septic Tank: Submit receipt of septic tank pumping to Asheville Regional Office.
Effluent Pipe: Fix top effluent pipe and submit documentation of repair to Asheville Regional Office.
Disinfection-Tablet: Submit receipt of chlorine tablet purchase (rated for wastewater) to Asheville Regional Office.
Compliance Issue:
During the inspection it was noted the listed permittee is no longer the current property owner. The attached
name/ownership change form should be completed and submitted to the address listed on the back of the form.
Remedial actions should have already been taken to correct these problems and prevent further occurrences in the
future. The Division of Water Resources may pursue enforcement action for this and any additional violations of
State law.
To prevent further action, please respond in writing to this office within 30 days upon receipt of this Notice
regarding your plans or measures to be taken to address the indicated deficiencies and compliance issues.
If you should have any questions,please do not hesitate to contact Mikal Willmer with the Water Quality Regional
Operations Section in the Asheville Regional Office at 828-296-4686 or by email at mikal.willmer@ncdenr.gov.
Sincerely,
a
G. Landon Davidson, P.G., Regional Supervisor
Water Quality Regional Operations Section
Asheville Regional Office
Division of Water Resources, NCDEQ
ATTACHMENTS: Inspection Report
Name/ownership change form
Cc: WQS Asheville Regional Office-Enforcement File
NPDES Compliance/Enforcement Unit-Enforcement File
G:\WR\WQ\Burke\Wastewater\General\NCG55 Single Family Residences\550655 Baird\Inspect.September 01,2016\NOD-2016-PC-0415.docx
United States Environmental Protection Agency Form Approved.
EPA Washington,D.C.20460 OMB No.2040-0057
Water Compliance Inspection Report Approval expires 8-31-98
Section A:National Data System Coding(i.e.,PCS)
Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type
1 (N 2 15 1 3 I NCG550655 11 12 16/09/0, 17 18 19 1 G l 20
21111111111111111111111111111111111111111111 f6
Inspection Work Days Facility Self-Monitoring Evaluation Rating 61 CIA -Reserved
67 701 71 1 I 72 1 �,, 1 73( � I74 75�
Section B: ( I I I ( 1 180
L_I Facility Data
ata t_J IJJ
Name and Location of Facility Inspected(For Industrial Users discharging to POTW,also include Entry Time/Date Permit Effective Date
POTW name and NPDES permit Number)
09:55AM 16/09/01 13/08/01
Laurel Creek Mobile Home Park'
4136 NC Hwy 18 S Exit Time/Date Permit Expiration Date
Morganton NC 28655 10:35AM 16/09/01 18/07/31
Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data
Name,Address of Responsible Official/Title/Phone and Fax Number
a� as:, a ` 'rA
Contacted
Jev,oa-A4JtAerris b08-R"rside°Df--Morganton-NC-28655//838-433--MS/
No
Section C:Areas Evaluated During inspection(Check only those areas evaluated)
® Permit ®Operations&Maintenance ® Self-Monitoring Program ® Effluent/Receiving Waters
Section D:Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary)
(See attachment summary)
Name(s)and Signature(s)of Inspector(s) Agency/Office/Phone and Fax Numbers Date
Mikal Willmer ARO WQH828-296-4686/
Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date
EPA Form 3560-3(Rev 9-94)Previous editions are obsolete.
Page# 1
NPDES yr/mo/day Inspection Type 1 \
(Cont.)
31 NCG550655 I11 12 1 6/os/0`1 17 _ 18 'C
Section D:Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary)
A compliance evaluation inspection was conducted at 4136 NC 18 S, Morganton, NC on 09/01/2016.
The inspector(Mika)Willmer)was unable to contact and meet onsite with the current owner, David
Baird. Mr. Baird is not the listed permittee.A name/ownership change form should be submitted to
Raleigh.
The property appeared to be mowed within the past couple of weeks.Located the septic tank covers
and chlorine contact chamber for the system. Could not lift concrete lids to determine if routine
maintenance was being conducted.Septic tank maintenance records were not available at the time of
the inspection.
A path was cleared down to Laurel Creek and the effluent pipes were visible and accessible.The
Inspector was able to locate what appeared to be two pvc effluent pipes.The top pipe was clogged with
sediment.The bottom pipe had discharge, but this may have been from ground water infiltration. There
was no apparent sewage smell coming from the pipe.The receiving stream appeared to free of debris.
Annual sampling records were not available at the time of the inspection.
All treatment units should be properly maintained for compliance monitoring and to ensure a properly
functioning treatment system.
Page# 2
a
Permit: NCG550655 Owner-Facility: Laurel Creek Mobile Home Park
Inspection Date: 09/01/2016 Inspection Type: Compliance Evaluation
Operations&Maintenance 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: Property appeared to be mowed on a regular basis Located septic tank and chlorine
contact chamber on property near Laurel Creek.
Permit Yes No NA NE
(If the present permit expires in 6 months or less). Has the permittee submitted a new ❑ ❑ ® ❑
application?
Is the facility as described in the permit? ❑ ❑ ® ❑
#Are there any special conditions for the permit? ❑ ❑ ■ ❑
Is access to the plant site restricted to the general public? ❑ ❑ ® ❑
1s the inspector granted access to all areas for inspection? ® ❑ ❑ ❑
Comment: Permit fees are up to date Permittee is not the current home owner. Change of ownership
needed Unable to contact and meet onsite with current owner David Baird.
Septic Tank Yes No NA NE
(If pumps are used)Is an audible and visual alarm operational? ❑ ❑ 0 ❑
Is septic tank pumped on a schedule? ❑ ® ❑ ❑
Are pumps or syphons operating properly? ❑ ❑ N ❑
Are high and low water alarms operating properly? ❑ ❑ ® ❑
Comment: Septic tank maintenance records were not available at the time of the inspection.
Disinfection-Tablet Yes No NA NE
Are tablet chlorinators operational? ❑ ❑ ❑
Are the tablets the proper size and type? ❑ ❑ ❑
Number of tubes in use? 0
Is the level of chlorine residual acceptable? ❑ ❑ ❑
Is the contact chamber free of growth, or sludge buildup? ❑ ❑ ❑ 0
Is there chlorine residual prior to de-chlorination? ❑ ❑ ❑
Comment: Located what appeared to be the concrete chlorine contact chamber. Could not shift the
concrete lid easily unable to inspect the contact chamber.
Effluent Pipe Yes No NA NE
Is right of way to the outfall properly maintained? E ❑ ❑ ❑
Page# 3
1 -
f�
Permit: NCG550655 Owner-Facility: Laurel Creek Mobile Home Park
Inspection Date: 09/01/2016 Inspection Type: Compliance Evaluation
Effluent Pipe Yes No NA NE
Are the receiving water free of foam other than trace amounts and other debris? ® ❑ ❑ ❑
If effluent (diffuser pipes are required) are they operating properly? ❑ ❑ ® ❑
Comment: There was a path down to Laurel Creek. Inspector was able to locate what appeared to be
two pvc effluent pipes. The top pipe was clogged with sediment. The bottom pipe had
discharge, but this may have been from groundwater infiltration: There was no apparent
sewage smell coming from the pipe.
Effluent Sampling Yes'No NA NE
Is composite sampling flow proportional? ❑ ❑ ® ❑
Is sample collected below all treatment units? ❑ ❑ ® ❑
Is proper volume collected? ❑ ❑ ® ❑
Is the tubing clean? ❑ ❑ ® ❑
#Is proper temperature set for sample storage(kept at less than or equal to 6.0 degrees ❑ ❑ i ❑
Celsius)?
Is the facility sampling performed as required by the permit(frequency,sampling type ❑ ❑ ❑
representative)?
Comment: Unable to contact current owner to ascertain whether or not annual sampling is being_
conducted.Annual sampling records were not available at the time of the inspection.
Page# 4
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Michael.k Fy,,Eas!
�'Nilliari .Ross Jr., ecretary
i
a` North Carolina Department of ':, ent nd tural Reqrect
j Ian Kli k P E.D isio te i.
ti
Asheville Regional Office
SURFACE WATER PROTECTION
February 6, 2007
Jevon M Morris
508 Riverside Drive
Morganton NC 28655
SUBJECT: Compliance Evaluation Inspection
Laurel Creek Mobile Home Park
Permit No: NCG550655
Burke County
Dear Mr Morris:
Enclosed please find a copy of the Compliance Evaluation Inspection form from
the inspection conducted on January 26, 2007. Larry Frost and I of the. Asheville
Regional Office conducted the Compliance Evaluation Inspection. The facility was found
to be in Noncompliance with permit NCG550655.
Please refer to the enclosed inspection report for additional observations and
comments. If you have any questions, please do not hesitate to call me at 828-296-4500.
Sincerely,
Keith Hay es
Environmental Specialist
Enclosures
cc:NPDES
Central Files
Asheville Files
NotthCarolina
Xaturally
2090 U.S.Highway 70,Swannanoa,NC 28778 Te ephone:(828)296-4500 Fax: (828)299-7043 Customer Service 1 877 623-6748
f
United States Environmental Protection Agency Form Approved.
Washington,D.C.20460 1 OMB No.2040-0057
Wat
er Compliance Inspection Re ort Approval expires 8-31-98
Section A: National Data System Coding(i.e., PCS)
Transaction Code
NPDES yr/mo/day Inspection Type Inspector Fac Type
rr
111 121 O'7/01/26- 117 181 1 19 gI 201!_
1 Iql 2 L51 31 NCG5506.55
Remarks 6
2111111IIIIIIIIIIIIIIIIIIIIIII1111111111111111
Inspection Work Days Facility Self-Monitoring Evaluation Rating IB1I i A ----------------------Reserved----------------------
I -----
67 69 70I I 71 72 pl 73Ljj 74 751 I I I I I I 180
Section B: Facility Data
Name and Location of Facility Inspected(For Industrial Users discharging to POTW,also include Entry Time/Date Permit Effective Date
POTW name and NPDES permit Number) 02/08/01.
Laurel. Creek Mob.i.l.e .Home Park
Exit Time/Date Permit Expiration Date
41.36 rac Hwy 18 s
o1.:30 PM07;01./26
07/07/31
Morgan.ton AC 28655
Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data
Name,Address of Responsible Official/Title/Phone and Fax Number
Contacted
3evon M Morris,508 Ri:•ersi.de Dr Morgantoi'i NC 2865,r//828 433--7735/ No
Section C: Areas Evaluated During Inspection(Check only those areas evaluated)
Permit ■Operations&Maintenance ®Facility Site Review ®Effluent/Receiving Waters
Section D: Summary of Find in /Comments Attach additional sheets of narrative and checklists as necessary)
(See attachment summary)
Name(s)and Signature(s)of inspector(s)
Agency/Office/Phone and Fax Numbers Date
Larry Frost ARO ,,Q/ 828-296-4'D00 E;xt.4658/
Keith Haynie. - ARO W211%828_.29E..:4500/
Agency/Office/Phone and Fax Numbers Date
A enc
Signature of Management O A Reviewer 9 Y
-RtiG,c-^' ARO "%Q//828-296 4500%
Roger C Edwards
EPA Form 3560-3(Rev 9-94)Previous editions are obsolete.
Page# 1
NPDES yr/mo/day Inspection Type
3I NCG55?655 I11 12I 07/01/26 17 18IcI
Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary)
Chlorine tablets should be kept in the chlorination unit at all times. It is questionable whether the sand filter
is large enough to adequately treat the waste being discharged into the system. Please note the routine
maintenance suggestions on the attached technical bulletin. \
Page# 2
ermit: NCG550655 Owner-Facility: Laurel Creek Mobile Home Park
:on Date: 01/26/2007 Inspection Type: Compliance Evaluation
gyrations& Maintenance Yes No NA NE
Is the plant generally clean with acceptable housekeeping? ❑ ■ fii n
Does the facility analyze process control parameters,.for ex:MLSS, MCRT,Settleable Solids,pH, DO, Sludge El ❑ ■ 0
Judge,and other that are applicable?
Comment: Maintenance was minimal.
Permit Yes No NA NE
(if the present permit expires in 6 months or less). Has the permittee submitted a new application? Cl N 0 0
Is the facility as described in the permit? ■ n n Q
#Are there any special conditions for the permit? ❑ n ■ fit
Is access to the plant site restricted to the general public? f_I n ■ ❑
Is the inspector granted access to all areas for inspection? ■ 0 n ❑
Comment: A renewal ruquest is currently due
Disinfection-Tablet Yes No NA NE
Are tablet chlorinators operational? n ■ lit I]
Are the tablets the proper size and type? n ■ ❑ fl
Number of tubes in use? o
Is the level of chlorine residual acceptable? n— ■ ❑ fl
Is the contact chamber free of growth,or sludge buildup? n ■ ❑ f=1
Is there chlorine residual prior to de-chlorination? rl ■ D 0
Comment: There were no tablets in the chlorination unit.
Effluent Pipe Yes No NA NE
Is right of way to the outfall properly maintained? ■ 0 00
Are the receiving water free of foam other than trace amounts and other debris? ■ n ❑ n
If effluent (diffuser pipes are required) are they operating properly? n n ■ 13
Comment:
Page# 3
State of North Carolir,
Department of Enviroi i-lvent 4 •
and Natural Resources
Division of Water Quality
Michael F. Easley, Governor
William G. Ross Jr., Secretary NCDENR
Gregory J. Thorpe, Ph.D., Acting Director NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT Al D AT RESOURCES
1.1/26/01
DAVID L BAIRD DEC 2001
LAUREL CREEK MOBILE HOME PARK
1950 DUCKWORTH AVE
MORGANTON, NC 28655
Subject: NPDES Wastewater Permit Coverage Renewal
Laurel Creek Mobile Home Park
COC Number NCG550655
Burke County
Dear Permittee:
Your residence or facility is currently covered for wastewater discharge under General Permit NCG550000. This
permit expires on July 31,2002. Division of Water Quality (DWQ)staff is in the process of rewriting this permit
with a scheduled reissue in the summer of 2002. Once the permit is reissued,your residence or facility would be
eligible for continued coverage under the reissued permit.
In.order to assure your continued coverage under the general permit,you must apply to the DWQ for renewal of
your permit coverage. To make this renewal process easier,we are informing you in advance that your permit will
be expiring. Enclosed you will find a general permit coverage renewal application form. This will serve as
your application for renewal of your permit coverage. The application must be completed and returned with the
required information by February 01,2002 in order to assure continued coverage under the general permit.There is
no renewal fee associated with this process.
Failure to request renewal within this time period may result in a civil assessment of at least$250.00. Larger
penalties may be assessed depending on the delinquency of the request. Discharge of wastewater from your
residence or facility without coverage under a valid wastewater NPDES permit would constitute a violation of
NCGS 143-215.1 and could result in assessments of civil penalties of up to$10,000 per day.
If the subject wastewater discharge to waters of the state has been terminated,please complete the enclosed
rescission request form. Mailing instructions are listed on the bottom of the form. You will be notified when the
rescission process has been completed.
If you have any questions regarding the permit coverage renewal procedures please contact the Asheville Regional
Office at 828-251-6208 or Bill Mills of the Central Office Stormwater Unit at(919)733-5083,ext.548
Sincerely,
b ��y
Bradley Bennett, Supervisor
Stormwater and General Permits Unit
cc: Central Files
Stormwater and General Permits Unit Files
Asheville Regional Office
1617 Mail Service Center, Raleigh, North Carolina 27699-1617 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 1 • •
Division of Water Quality.
f�
James B. Hunt, Jr., Governor ED E H F
Wayne McDevitt, Secretary ►
A. Preston Howard, Jr., P.E., Director July 21, 1997
25.E
David L. Baird „
1950 Duckworth Avenue
Morganton,NC 28655
g
Subject: Certificate of Coverage No. NCG550655
Renewal of General Permit
Laurel Creek Mobile Home Park
Burke County
Dear Permittee:
In accordance with your application for renewal of the subject Certificate of Coverage, the Division is forwarding
the enclosed General Permit. This renewal is valid from the effective date on the permit until July 31, 2002. This
permit is issued pursuant to the requirements of North Carolina General Statute 143-215 .1 and the Memorandum of
Agreement between North Carolina and the U.S.Environmental Protection Agency dated December 6, 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.
The Certificate of Coverage for your facility is not transferable except after notice to the Division. Use the enclosed
Permit Name/Ownership Change form to notify the Division if you sell or otherwise transfer ownership of the
subject facility. The Division may require modification or revocation and reissuance of the Certificate of Coverage.
If your facility ceases discharge of wastewater before the expiration date of this permit, contact the Regional
Office listed below at (704) 251-6208. Once discharge from your facility has ceased, this permit may be rescinded.
This permit does not affect the legal requirements to obtain other permits which may be required by the Division of
Water Quality, 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 the NPDES Group at the address below.
Sincerely,
A.Preston Howard,
cc: Central Files
NPDES Group
Facility Assessment Unit
P.O. Box 29535, Raleigh, North Carolina 27626-0535 (919)733-5083 FAX(919) 733-0719 p&e@dem.ehnr.state.nc.us
An Equal Opportunity Affirmative Action Employer 50%recycled /10%post-consumer paper
TATE OF NORTH CAROLINA `
DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
GENERAL PERMIT NO. NCG550000
CERTIFICATE OF COVERAGE NO. NCG550655
TO DISCHARGE DOMESTIC WASTEWATERFROM SINGLE FAMILY RESIDENCES
AND OTHER DISCHARGES WITH SIMILAR CHARACTERISTICS UNDER THE
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,
David L. Baird
is hereby authorized to operate a wastewater treatment facility which includes a septic tank, sand filter
and associated appurtenances with the discharge of treated wastewater from a facility
located at
Laurel Creek Mobile Home Park
4136 NC Highway 18 South
Morganton
Burke County
to receiving waters designated as subbasin 30831 in the Catawba 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. NCG550000 as attached.
This certificate of coverage shall become effective August 1, 1997.
This certificate of coverage shall remain in effect for the duration of the General Permit.
Signed this day July 21, 1997.
,� /A. Preston Howard, Jr., P.E., Director
I. v Division f o Water Quality
By Authority of the Environmental Management Commission
r
January 15, 1999
Mr. Forrest R. Westall
NCY=ENR
Division of Water Quality
59 Woodfin Place
Asheville,NC 28801-2414
Dear Mr. Westall:
Thank you for your letter dated December 18, 1998 regarding Laurel Creek Mobile
Home Park Wastewater Treatment Facility (NCG550000).
As a result of your observations, suggestions, and request for corrective action, I have
decided to install a water meter on each unit which contributes flow to our treatment
system. The usages will be summed to determine a more accurate flow. Completion of _
the project should be achieved by March 31, 1999.
1 hope this infonnation is adequate, and if I can be of further assistance,please let me
know.
Sincerely,
David Baird
NORTH CAROLINA DEPARTMENT OF
P ENVIRONMENT AND NATURAL RESOURCES
* DIVISION OF WATER QUALITY
ASHEVILLE REGIONAL OFFICE
WATER QUALITY SECTION
®EN December 16 , 1998
,JAME3 B.HUNTJR:; -
GOVERNOR
r MEMORANDUM
na
� .
'wwYNE MC EVITT.a,, '
SECRETA�2Y r TO: Susan .Wilson Supervisor
Compliance Oversight
THROUGH: Forrest Westal
P Water Quality R Supervisor
FROM: Jim Reid
Environme tal Engineer
i SUBJECT: Laurel Creek Mobile Home Park
COC Number NCG550655
NCG550000
Caldwla:l County
Subject facility appeared on the Manager' s Non-
Compliance report for September 1998 with a flow
violation. The facility was formerly permitted
individually as NCO057631 but was converted to a
, general permit on November 15, 1993 .
Since the flow limit in subject general permit is
stated as a "daily maximum" and since general
permits do not usually appear on the monthly
Manager' s Non-Compliance Report, enforcement
action will not be initiated. DWQ' s not
assessing the facility is in accordance with our
telephone conversation of this date .
Your attention to this matter is appreciated.
.T Please call if additional information is needed.
y
INTERCHANGE BUILDING,59 WOODFIN PLACE,ASHEVILLE,NC 28801—2414
PHONE 828-251-6208 FAX 828-251-6452
AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER—50%RECYCLED/10%POST-CONSUMER PAPER
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
ASHEVILLE REGIONAL OFFICE
WATER QUALITY SECTION
rt �C®EN� December 18, 1998
FIUNTJR.
GOVERNOR
Mr. David L. Baird
ma `' Laurel Creek Mobile Home Park
s° 1950 Duckworth Avenue
Morganton, North Carolina 28655-7417
wAYNE.IS'1cDEVITT
SECRETARY c�a=
Subject : NOTICE OF VIOLATION
Laurel Creek Mobile Home Park
x5 Wastewater Treatment Plant
NPDES Permit NumberNCG550000
I � Burke County
' Dear Mr. Baird:
s
Laurel Creek Mobile Home Park' s self-monitoring report
for September, 1998 revealed a violation of the flow
.b: „alai limitation contained in the Park' s wastewater discharge
permit . The reported flow value was 0 . 004 MGD (4000 gallons
d per day) ; Laurel Creek Mobile Home Park' s flow limitation is
1000 gallons per day. Each day on which the flow exceeds
1000 gallons per day constitutes a permit violation for
which penalties could be assessed. Comments concerning
` remedying the problem are offered below.
Historical observations by Division of Water Quality
Staff suggest that ground water may be entering the
sandfilter and appearing as effluent flow. If ground water
1, is entering the sandfilter, the best solution to the problem
of high flows would be reconstruction of the filter. As an
s alternative to reconstruction, flow could be determined by
some means other that estimation of the volume flowing from
._ the discharge pipe . Water meter readings from the units
connected to the discharge system could be summed to
determine the wastewater flow for the discharge type system.
s, Additionally, please be aware that submission of a
monthly monitoring report is not required, as a result of
Laurel Creek Mobile Home Park currently being covered by a
- general permit . Attached, please find a copy of General
Permit Number NCG550000 which governs the park' s wastewater
discharge. Please note the flow limitation appearing in
Section A of the attachment, the "records retention"
requirement appearing on page 7, . and the "reporting
' requirements" beginning on page 8 .
talks °� INTERCHANGE BUILDING,59 WOODFIN PLACE,ASHEVILLE,NC 2880.1-2414
PHONE 828-251-6208 FAX 828-251-6452
AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER-50%RECYCLED/10%POST-CONSUMER PAPER
David L. Baird
December 18, 1998
Page Two
There is no requirement for submitting a report of the
annual testing done under the permit . Those annual results
must be maintained for a period of at least 3 years . Only
those items and situations in the "Reporting Requirements"
section beginning on page 8 must be submitted to the
Division of Water Quality.
On or before January 22, 1999, please advise as to what
corrective actions have been implemented or are planned to
address the excessive flow reported in Laurel Creek Mobile
Home Park' s self-monitoring report for September, 1998 .
Your attention to these matters is appreciated. Please
call Jim Reid at telephone number 828-251-6208 if there are
questions .
Sincerely,
0/jA// �d2o,
/;;orrest R. Westall
Water Quality Regional Supervisor
Enclosure
xc Water-Tech Labs, Inc . , w/ attachment
David Rust, Burke Co Health Department
Jim Reid
State of North Carolina
Department of Environment
and Natural Resources ;,
Asheville Regional Office
Division of Water Quality
NCDENR
James B. Hunt, Jr., Governor NORTH CAROLINA DEPARTMENT OF
Wayne McDevitt, Secretary ENVIRONMENT AND NATURAL RESOURCES
WATER QUALITY SECTION
February 23, 1998
Mr. David L. Baird
Laurel Creek Mobile Home Park
1950 Duckworth Avenue
Morganton, North Carolina 28655-7417
Subject: NOTICE OF VIOLATION
Laurel Creek Mobile Home Park
Wastewater Treatment Plant
NPDES Permit Number NCG550000
Burke County
Dear Mr. Baird:
Laurel Creek Mobile Home Park' s self-monitoring report for the
month of December 1997 revealed a violation of the fecal coliform
limitation contained in General Permit Number NCG550000 . The fecal
count was greater than 830 organisms per 100 milliliters of sample .
Laurel Creek Mobile Home Park' s permit mandates that the fecal coliform
number not exceed 400 counts per 100 milliliters on any day.
Enforcement actions may be initiated for violation of any condition or
limitation contained in a discharge permit.
According to the notation on Laurel Creek Mobile Home Park' s
December, 1997 self-monitoring report, compliance with the fecal
coliform standard was established in January, 1998 . If there are
questions or a need for assistance, please call Mr. James Reid at
telephone number 704-251-6208 .
Si erely,
Y�o
Roy M. avis, Regional Supervisor
Division of Water Quality
xc: Water-Tech Labs, Inc.
David Rust
59 Woodfin Place, Asheville, North Carolina 28801
Telephone 704-251-6208 Fax 704-251-6452
An Equal Opportunity Affirmative Action Employer
, Ate of North Caroling , xv
/Department of Environment 4 •
and Natural Resources
Asheville Regional Office
Division of Water Quality
NCNK" .....DE
James B. Hunt, Jr., Governor ..NORTH CAROLINA DEPARTMENT OF
Wayne McDevitt, Secretary ENVIRONMENT AND NATURAL RESOURCES
WATER QUALITY SECTION
December 31, 1997
Mr. David L. Baird
Laurel Creek Mobile Home Park
1950 Duckworth` Avenue
Morganton,` North Carolina 28655-7417
Subject NOTICE OF VIOLATION
Compliance Sampling Inspection
Laurel .Creek Mobile Home Park
Wastewater Treatment Plant
NPDES `Permit Number NCG550000
Burke County
Dear Mr. Baird:
Samples of the discharge from the wastewater treatment system
(subsurface sand filter) serving Laurel Creek Mobile Home Park revealed
that the system violated its fecal coliform limitation. The Division of
Water Quality collected samples on November 19, 1997 (in follow-up to
sampling done on October 23, 1997) . Results are detailed in the
attached report.
Subsequent to the inspection, conversation with Mr. Tony Gragg
revealed that he had been employed to assist you with remedies for the
high fecal coliform values . *-On or before January 16, 1998, please
advise this office of -what actions have been taken or are planned to
reduce Laurel Creek Mobile Home Park' s effluent fecal coliform count.
If there are questions or a need for assistance, please call Mr. James
Reid at telephone number 704-251-6208 .
cerely,
Roy M. vis, Regional Supervisor
Division of Water Quality
Enclosure
xc: Water-Tech Labs, Inc.
David Rust
Burke County Health Department
Laurel Creek MHP Nov 19, 1997 Sample Results
59 Woodfin Place, Asheville, North Carolina 28801
Telephone 704-251-6208 Fax 704-251-6452
An Equal Opportunity Affirmative Action Employer
United Stater environmental Protection Agency Form Approved
='ngton, D.C.20460 OMB No. 2040-0003 -
EPA NPDES Compliance Inspection Report Approval Expires 7-31-85
Section A:National Data System Coding \\Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type
215 1 3 1 NCOOG550655 11 12 971119 J 17' 18 IS 1 19 IS 20 L J
Remarks ,
LL IIII21 � � � � � � � � � � � � � � � � � � � � � � �
Reserved Facility Evaluation Rating I Q A
Reserved66
671�69 70 12 ( 71 N 72 N 73 74 75 80
u L_J I_J
Section B:facility Date
Name and Location of Facility Inspected Entry Time Permit Effective Date
Laurel Creek Mobile Home Pk 9:30 am 970801
Highway 18 South of Morganton
Exit Time/Date Permit Expiration Date
10:00 am 020731
Name(s)of On-Site'Representative(s)/Title(s) Phone No(s)
No one onsite
704-43 7-9564
Name,Address of Responsible Official Title
David L. Baird Owner
1950 Duckworth Ave
Morganton NC 28655-7417 Phone No. Contacted
704-43 7-9564 No
Section C:Areas Evaluated During Inspection CODES :.S-Satisfactory M-Marginal U-Unsatisfactory N-Not evaluatedlNot applicable
S Permit N Flow Measurement
N Pretreatment U Operations &Maintenance
N Records/Reports N Laboratory N Compliance Schedules
p N Sludge Disposal
S Facility Site Review U 7 Effluent/Receivin Waters
g S Self-Monitoring Program Other.
Section D:Summary of Findings/Comments (Attach additional sheets if necessary)
Laurel Creek MHP Nov 19, 1997 Sample Results
Parameter Units Sample Result Permit Limit
BOD mg/I 27 30.0
Fecal Coliform counts/100 ml >6,000 400 (daily maximum)
TSS mg/I 18 30.0
i
Effluent/Receiving Waters rated"U due to high effluent fecal coliform'count
Name(s)and Signature(s) of Inspector(s) Agency/Office/Telephone Date - fI
)AMES R.
DWQ/ARO 704-251-6208 A,2_3f S7
Signature o viewer Agency/Office Date
Cam/ G� DWQ/ARO 704-251-6208 ��j_ / 7
Regulatory Office Use Only
Action Taken Date Compliance Status
Noncompliance I
Compliance i
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January 13, 1997
Mr. Roy M. Davis, Supervisor
NCDEHNR
Division of Water Quality
59 Woodfin Place
Asheville,NC 28801
Dear Mr. Davis:
Thank you for your letter dated December 31, 1997 regarding a compliance sampling
inspection of Laurel Creek MHO'(NC-G550000)-conducted by Mr.James Reid of your
office.
This letter is to advise your office that actions have been taken to reduce the effluent fecal
coliform count. A sample-taken-on January 9,499-8 showed a fecal-coliform-count-of-less
than one (1) colony per 100 ml.
Since your office by letter is issuing a Notice of Violation,I believe a detailed
explanation is in-order.
As you know,Laurel Creek MHP was issued General Permit No. NCG550000 effective
August.1, 1997. This permit requires annual monitoring only. In addition,fecal coliform
became a requirement—a parameter that was not a part of the former permit
(NC00576�1). Unfamiliar with the-condition-s-of the new permit,I spoke to Mr. Reid for
clarification. Monitoring requirements were not only changed,but also an approved
chlorination treatment unit was in the process-of-being-engineered-aid installed. I
performed some baseline monitoring to identify the existing conditions. The data
generated was reported-by DMA and-also-discussed with Mr. Reid. I-also told Mr.Reid
that I would assist the owner,Mr. David Baird, in adjusting dosage rates, and if necessary
make minor xnodificatlons to the unit-to-the best of-my-ability. Mr- Reid told One that he
had also tried to adjust the feed rate of the mechanism installed at Laurel Creek MHP.
Based on c�-ent-conditions,the troubleshootting-measures appear to be successful.
Continued attention to the situation should provide future compliance conditions. I thank
Mr. Reid far-his-advice-and assistance.
Although your letter dated December 31, 1997 indicates a violation,I hope you will
consider this-response as verification that the-problem has been-identifreA-and-corrective
action taken. I also hope that no monetary punishment is sought in this matter.
If I can be of further.assistance,-please let me-know.
rSincerelg
cc: David L. Baird
r
�,7v�
--n__. �-�
v
1
,r North CarolinC '
artment of Environment,
:olth and Natural Resources wl*
Asheville Regional Office
James B. Hunt,Jr., Governor w MONK
Jonathan B. Howes, Secretary 1:) EEHNFZ
WATER QUALITY SECTION
November 14, 1997
Mr. David L. Baird
Laurel Creek Mobile Home Park
1950 Duckworth Avenue
Morganton, North Carolina 28655-7417
Subject: , Notice of Violation
/ Compliance Sampling Inspection
V Laurel Creek Mobile Home Park
Wastewater Treatment Plant
NPDES Permit Number NCG550000
u e County
Dear Mr. Baird:
Samples of the discharge from the wastewater treatment system
(subsurface sand filter) serving Laurel Creek Mobile Home Park revealed
that the system violated its fecal coliform limitation. The Division of
Water Quality collected samples on October 23, 1997; all results are
detailed in the attached report.
The high fecal coliform count was due to lack of chlorine. Even
though one of the tubes in the chlorinator contained tablets, there was
no chlorine measurable in the discharge. Since the tube was full and no
chlorine existed in the effluent, there was insufficient contact between
the effluent stream and tablets in the tube.
Insufficient contact could have occurred in at least two ways .
Tablets in the tube could have "penciled out" or the liquid depth in the
chlorinator may have been low. "Penciling out" is the condition in
which tablets dissolve leaving a configuration resembling a sharpened
pencil . Such configuration causes diminished surface area between
chlorine tablets and the waste stream. "Penciling out" can be eliminated
by routinely rotating the table-containing tube (s) rapidly back and
forth.
A shallow liquid level in the chlorinator may also result in low
chlorine concentrations . If necessary, a narrow effluent weir plate
(supplied with the chlorinator) can be used to achieve good contact
Interchan a Building, Ay
9 S- w 4 Voice 704-251-6208 FAX 704-251-6452
59 Woodfin Place, Nvf An Equal Opportunity Affirmative Action Employer
Asheville,North Carolina 28801 50%recycled/10%post-consumer paper
Mr. David L. Baird
November 14, 1997
Page 2
between the waste stream and chlorine tablets . The narrow opening in the
weir plate will cause a low-volume flow to have greater depth in the
chlorinator.
On or before December 1, 1997, please advise this office of what
actions have been taken or are planned to reduce Laurel Creek Mobile Home
Park' s effluent fecal coliform count. If there are questions or a need
for assistance concerning the wastewater treatment system, please call
Mr. James Reid at telephone number 704-251-6208 .
Sincerely,
r
Roy M. D is, Regional Supervisor
Division of Water Quality
Enclosure
xc: Water-Tech Labs, Inc.
David Rust
United States Enviro" "Ital Protection Agency
T
Form Approved
Wash ingt` .C. 20460 OMB No. 2040-0003
NPDES Compliance Inspection Report Approval Expires '-3' 85
Section A:National Data System Coding
Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type
•-
/ 1 I 1 215 3 NCOOG550655 Ill 12 971023 17 18 IS 1 19 IS 1 20 I,
II Remarks �--�
f I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I ( I I I I I I I I I I I I I
21 Reserved Facility Evaluation RatingB A I
Q Reserved 66
67 I I I 169 70 1 2 I 71 I N onI 72 I N u I 73 �74 75 80
I I I I u Section B: Facility Date
Name and Location of Facility Inspected Entry Time Permit Effective Date
Laurel Creek Mobile Home Pk 3:00 pm 970801
Highway 18 South of Morganton
Exit Time/Date Permit Expiration Date
3:30 pm 020731
Name(s)of On-Site Representative(s)/ritle(s) Phone No(s)
No one onsite 704-437-9564
Name,Address of Responsible Official Title
David L. Baird Owner
1950 Duckworth Ave
Morganton NC 28655-7417 Phone No. Contacted
704-43 7-9564 No
Section C:Areas Evaluated During Inspection CODES S-Satisfactory M-Marginal U-Unsatisfactory N -Not evaluated/Not applicable
S Permit N Flow Measurement N Pretreatment
U Operations &Maintenance
N Records/Reports N Laboratory N Compliance Schedules
p N Sludge Disposal
S Facility Site Review U Effluent/Receiving Waters S Self-Monitoring Program Other:
Section D:Summary of Findings/Comments (Attach additional sheets if necessary)
Laurel Creek MHP Oct 23, 1997 Sample Results
Parameter Units Sample Result Permit Limit
BOD mg/I 28 30.0
Fecal Coliform counts/100 ml >17,000 400 (daily maximum)
TSS mg/I 19 30.0
Effluent/Receiving Waters rated "U"due to high effluent fecal coliform count
Name(s)and Signature(s) of Inspector(s) Agency/Office/Telephone Date
James R. Reid
DWQ/ARO 704-251-6208
7
Sig ur ev' wer Agency/Office Date
DWQ/ARO 704-251-6208
Regulatory Office Use Only
Action Taken Date ompliance Status
Noncompliance
Compliance
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From: "Lucy Smith" <ts19w69@aro.ehnr.state.nc.us>
Organization: Asheville Region of NC - DEHNR
To: reid@aro.ehnr.state.nc.us
Date sent: Mon, 17 Mar 1997 08:13:36 +1100
Subject: PENDING
Send reply to: smith@a aro.ehnr.state.nc.us
Priority: normal
Monday, March 17, 1997 - LAUREL CREEK MHP-ADVISE THIS OFFICE
REGARDING WHAT ACTIONS HAVE BEEN TAKEN OR ARE PLANNED
TO MEET THE FECAL COLIFORM LIMITATION CONTAINED IN
THE MHP'S DISCHARGE PERMIT.-JIM
ct
- All,It- *ra��
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__—_—
ate of North Caroll
Department of Environment,
Health and Natural Resources
1 • �
Division of Water Quality
James B. Hunt, Jr„ Governor
Jonathan B. Howes, Secretary
A. Preston Howard,Jr., P,E., Director IDEHNF;Zmk
Asheville Regional Office
WATER QUALITY SECTION
February 25, 1997
Mr. David L. Baird
Laurel Creek Mobile Home Park
1950 Duckworkth Avenue
Morganton, North Carolina 28655-7417
Subject : Notice of Deficiency
Compliance Sampling Inspection
Laurel Creek Mobile Home Park
Wastewater Treatment Plant
NPDES Permit Number NCG550000(isbc r�
Burke County
Dear Mr. Baird:
Samples of the discharge from the wastewater treatment system
(subsurface sand filter) serving Laurel Creek Mobile Home Park were
collected on February 6, 1997 . Sample results are listed in the attached
report . With exception of the fecal coliform result, data indicated that
the discharge complied with the limitations contained in the mobile home
park' s wastewater permit .
General Permit Number 550000 became effective for Laurel Creek
Mobile Home Park on January 1, 1994 . Permit Number 550000 contains a
fecal coliform limitation. Laurel Creek' s former individual Permit
Number NC0057631 did not contain a fecal coliform limitation.
In order to meet the fecal coliform limitation (200 monthly average,
400 daily maximum) in Laurel Creek Mobile Home Park' s current permit,
disinfection apparatus must be installed. Simple tablet type
chlorinators are often used in situations such as Laurel Creek Mobile
Home Park' s .
Failure to install disinfection apparatus, may result in enforcement
proceedings against Laurel Creek Mobile Home Park. On or before March
17, 1997, please advise this office regarding what actions have been
taken or are planned to meet the fecal coliform limitation contained in
the mobile home park's discharge permit.
Interchange Building,59 Woodfin Place Nof
FAX 704-251-6452
Asheville,North Carolina 28801 C An Equal Opportunity/Affirmative Action Employer
Voice 704-251-6208 �eff 50%recycles/10%post-consumer paper
It
Mr. David L. Baird
February 25, 1997
Page 2 -
-
Your attention to this .matter is appreciated. If there arequestions
Home Prk'
or a need for assistance concerning
g Laurell me Creekle
704a251s
wastewater treatment system, please
6208
Sincerely,
James R. Reid
Environmental Engineer
Enclosure
xc : David Rust
United States En�-�,nmental Protection Agency Form Approved
Wash I gin,.D.C.20460 �r OMB No. 2040-0003
EPA\ NPDES Compliance.' Inspectio'! Repot Approval Expires 7-31-85
Section A:National Data System Coding
Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type
1 U 2 5L 3 1 NCOOG550652J 11 12 1970206 17_ 18 IJ 19 IS 1 20 U
Remarks
" Reserved Facility Evaluation Rating BI QA Reserved ae
67 I I I 169 70 2 71 72 (J 73 I I I 74 75 I I I 180
u Section B:Facility Date �J�j I I I I 1
Name and Location of Facility Inspected Entry Time Permit Effective Date
Laurel Creek Mobile Home Pk 1:00 pm 931115
Highway 18 South of Morganton
Exit Time/Date Permit Expiration Date
1:20 pm 970731
Name(s)of On-Site Representative(s)/Title(s) Phone No(s)
No one onsite 704-437-9564
Name,Address of Responsible Official Title
David L. Baird Owner
1950 Duckworth Ave
Morganton NC 28655-7417 Phone No. Contacted
704-43 7-9564 No
Section C:Areas Evaluated During Inspection CODES L S-Satisfactory M-Marginal U-Unsatisfactory N-Not evaluated/Not applicable
S Permit N Flow Measurement N Pretreatment S Operations &Maintenance
N Records/Reports N Laboratory N Compliance Schedules N Sludge Disposal
U Facility Site Review U Effluent/Receiving Waters N Self-Monitoring Program Other:
Section D:Summary of Findings/Comments (Attach additional sheets if necessary)
Laurel Creek MHP Feb 6, 1997 Sample Results
Parameter Units Sample Result Permit Limit
BOD mg/I 8.7 30.0
Fecal Coliform counts/100 ml 8000 (estimated) 200
TSS mg/I 7 30.0
Groundwater appeared to comprise a substantial portion of the flow from the septic tank sandfilter
Site Review rated "U"due to absence of disinfection equipment
Effluent/Receiving Waters rated "U"due to high effluent fecal coliform count
Nam and Signature(s) of Inspector(s) Agency/Office/Telephone Date
ESID
DWQ/ARO 704-251-6208�zc
Sigri Review Agency/Office Date
DWQ/ARO 704-251-6208 / 1-1-97
Regulatory Office Use Only
Action Taken Date Compliance Status
❑ Noncompliance
Compliance
.A Yp C C
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Division of Environmental Management
CHAIN OF CUSTODY RECORD
For Investigation of LGt,-,r2e
Samples collected and DMI forms completed by:
ab Only. Station. No. of
Lab' No. No. Station Location Date Time Bottles
dog ccu r tie I42-0
a l D L v 1430
Re nqu shed,by( atur ): ceived by SignIature) : Date / Time
e Rec b
el Rec by
Rel Rec by (Lab) /
Method of Shipment:
Seal by: Broken b
ISecurity Type and Condition: Lock- by: Open by:
LAB USE ONLY
Lab No. No.
From Throu h Containers Analysis Relinquished b Received byDate Time