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HomeMy WebLinkAboutNC0069892_Regional Office Historical File 2003 to 2017Q'gV�#'titAC' MICIM L.yS . RIMAN Bill Bailey, Town Manager Town of Andrews PO Box 1210 Andrews, NC 28901 SUBJECT: Notice of Violation and Assessment of Civil Penalty for Violations of North Carolina General Statute (G.S.) 143-215.1(a)(6) and NPDES WW Permit No. NCO069892 Town of Andrews Andrews WTP Case No. LM 2017-0016 Cherokee County Dear Permittee: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $219.46 ($102.84 civil penalty + $116.62 enforcement costs) against Town of Andrews. This assessment is based upon the following facts: a review has been conducted of the Discharge Monitoring Report (DMR) submitted by Town of Andrews for the month of February 2017. This review has shown the subject facility to be in violation of the discharge limitations and/or monitoring requirements found in NPDES WW Permit No. NC0069892. The violations, which occurred in February 2017, are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that Town of Andrews violated the terms, conditions or requirements of NPDES WW Permit No. NCO069892 and G.S. 143-215.1(a)(6),in the manner and extent shown in Attachment A. In accordance with the maximums established by G.S. 143-215.6A(a)(2), a civil penalty may be assessed against any person who violates the terms, conditions or requirements of a permit required by G.S. 143-215.1(a). Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the Secretary of the Department of Environmental Quality and the Director of the Division of Water Resources, I, G. Landon Davidson, P.G., Regional Supervisor, Asheville Regional Office hereby make the following civil penalty assessment against Town of Andrews: State of North Carolina I Environmental Quality I Water Resources 2090 U.S. 70 Highway, Swannanoa, NC 28778 828-296-4500 $0.00 $30.00 $37.85 $34.99 0 of the 8 violations of 143-215. 1 (a)(6) and Permit No.NC0069892, by disc] the waters of the State in violation of the Permit Daily Minimum for pH. for 1 of the 1 failures to properly monitor CHLORINE in violation of Perm for 1 of the 1 failures to properly monitor TSS - Cone in violation of Permit No. NC0069892. for 1 of the 1 failures to properly monitor TURBIDTY in violation of Permit No. NC0069892. $102.84 TOTAL CIVILL PENALTY $116.62 Enforcement Costs $219.46 TOTAL AMOUNT DUE Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 143B-282.I (b), which are: (1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation; (2) The duration and gravity of the violation; (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The. amount of money saved by noncompliance; (6) Whether the violation was committed willfully or intentionally; (7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and (8) The cost to the State of the enforcement procedures. Within thirty (30) days of receipt of this notice, you must do one of the following: (1). Submit payment of the penalty, OR (2) Submit a written request for remission, OR (3) Submit a written request for an administrative hearing Option 1: Submit payment of the penalty: Payment should be made directly to the order of the Department of Environmental Quality (do not include waiver form). Payment of the penalty will not foreclose further enforcement action for any continu# g or new violation(s). Please submit payment to the attention of - Wastewater Branch Division of Water Resources 1617 Mail Service Center Raleigh, North Carolina 27699-1617 vritten request for remission or mitigation including a detailed justification for such equest for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Because a remission request forecloses the option of an administrative hearing, such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation and agreement that no factual or legal issues are in dispute. Please prepare a detailed statement that establishes why you believe the civil penalty should be remitted, and submit it to the Division of Water Resources at the address listed below. In determining whether a remission request will be approved, the following factors shall be considered: (1) whether one or more of the civil penalty assessment factors in NCGS 143B-282. 1 (b) was wrongfully applied to the detriment of the petitioner; (2) whether the violator promptly abated continuing environmental damage resulting from the violation; (3) whether the violation was inadvertent or a result of an accident; (4) whether the violator had been assessed civil penalties for any previous violations; or (5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Please note that all evidence presented in support of your request for remission must be submitted in writing. The Director of the Division of Water Resources will review your evidence and inform you of his decision in the matter of your remission request. The response will provide details regarding the case status, directions for payment, and provision for further appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty Remissions (Committee). Please be advised that the Committee cannot consider information that was not part of the original remission request considered by the Director. Therefore, it is very important that you prepare a complete and thorough statement in support of your request for remission. In order to request remission, you must complete and submit the enclosed "Request for Remission of Civil Penalties, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form within thirty (30) dqys of receipt of this notice. The Division of Water Resources also requests that you complete and submit the enclosed "Justification for Remission Request." Both forms should be submitted to the following address: Wastewater Branch Division of Water Resources 1617 Mail Service Center Raleigh, North Carolina 27699-1617 3: File a petition for an If you wish to contest any statement in the attached assessment document you must file a petition for an administr hearing. You may obtain the petition form from the Office of Administrative Hearings. You must file the petition wit the Office of Administrative Hearings within thirty (3 0) days of receipt of this notice. A petition is considered filed when it is received in the Office of Administrative Hearings during normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for official state holidays. The petition may be filed by facsimile (fax) or electronic mail by an attached file (with restrictions) - provided the signed original, one (1) copy and a filing fee (if a filing fee is required by NCGS §150B-23.2) is received in the Office of Administrative Hearings within seven (7) business days following the faxed or electronic transmission. You should contact the Office of Administrative Hearings with all questions regarding the filing fee and/or the details of the filing process. The mailing address and telephone and fax numbers for the Office of Administrative Hearings, are as follows: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 Tel: (919) 733-2698 Fax: (919) 733-3478 One (1) copy of the petition must. also be served on DEQ as follows: Mr. William F. Lane, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, North Carolina 27699-1601 Please indicate the case number (as found on page one of this letter) on the petition. Failure to exercise one of the options above within thirty (30) days of receipt of this letter, as evidenced by an internal date/time received stamp (not a postmark), will result in this matter being referred to the Attorney General's Office for collection of the penalty through a civil action. Please be advised that additional penalties may be assessed for violations that occur after the review period of this assessment. If you have any questions, please contact Janet Cantwell with the Division of Water Resources staff of the Asheville Regional Office at (828) 296-4667 or via email atjanet.cantwell@ncdenr.gov. Sincerely, G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDEQ ATTACHMENTS Cc WQS---sl evllle WegionalAOffice�Enfoxeement.Filc NPDES Compliance/Enforcement Unit - Enforcement File G:\WR\WQ\Cherokee\ Vastewater,tilunicipal"jicircws Water Plant 69S92VN0Vg\Lhl-2017-0016.rtf JUSTIFICATION FOR REMISSION REQUEST Case Number: LM-2017-0016 Assessed Party: Town of Andrews/ WTP Permit No.: NC0069892 County: Cherokee Amount Assessed: $219.46 Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form to request remission of this civil penalty. You should attach any documents that you believe support your request and are necessary for the Director to consider in evaluating your request for remission. Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 143B-282.1(c), remission of a civil penalty may be granted only when one or more of the following five factors apply. Please check each factor that you believe applies to your case and provide a detailed explanation, including copies of supporting documents, as to why the factor applies (attach additional pages as needed). (a) one or more of the civil penalty assessment factors in N.C.G.S. 143B-282. 1 (b) were wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil penalty assessment document); (b) the violator promptly abated continuing environmental damage resulting from the violation (i.e., explain the steps that you took to correct the violation and prevent future occurrences); (c) the violation was inadvertent or a result of an accident (i.e., explain why the violation was unavoidahle or something you could not prevent or prepare for); (d) the violator had not been assessed civil penalties for any previous violations; (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions (i.e., explain how payment of the civil penalty will prevent you from performing the activities necessary to achieve compliance). EXPLANATION: STATE OF NORTH CAROLINA COUNTY OF CHEROKEE IN THE MATTER OF ASSESSMENT OF CIVIL PENALTIES AGAINST Town of Andrews Andrews WTP PERMIT NO. NCO069892 DEPARTMENT OF ENVIRON WAIVER OF RIGHT TO AN ADMINISTRATIVE HEARING AND STIPULATION OF FACTS CASE NO. LM-2017-0016 Having been assessed civil penalties totaling $219.46 for violation(s) as set forth in the assessment document of the Division of Water Resources dated June 21, 2017, the undersigned, desiring to seek remission of the civil penalty, does hereby waive the right to an administrative hearing in the above -stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the Director of the Division of Water Resources within thirty (30) days of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after (30) days from the receipt of the notice of assessment. This the day of ADDRESS TELEPHONE SIGNATURE 20 ATTACHMENT A Town of Andrews CASE NUMBER: LM-2017-0016 PERMIT: NCO069892 REGION: Asheville FACILITY: Andrews WTP COUNTY: Cherokee LIMIT VIOLATION(S) SAMPLE LOCATION: Outfall 001 - Effluent Violation Report t Unit of Limit Calculated % Over Violation Penalty Date. Month/Yr Parameter Frequency Measure Value Value Limit Type Amount 2/2/2017 2-2017 pH 2 X month su 6 4.60 -23.3 Daily $0.00 Minimum Not Reached 2/3/2017 2-2017 pH 2 X month su 6 4.70 -21.7 Daily $0.00 Minimum Not Reached 2/7/2017 2-2017 pH 2 X month su 6 5.30 -11.7 Daily $0.00 Minimum Not Reached 2/9/2017 2-2017 pH 2 X month su 6 5.20 -13.3 Daily $0.00 Minimum Not Reached 2/14/2017 2-2017 pH 2 X month su 6. 4.20 -30.0 Daily $0.00 Minimum Not Reached 2/16/2017 2-2017 pH 2 X month su 6 4.30 -28.3 Daily $0.00 Minimum Not Reached 2/17/2017 2-2017 pH 2 X month su 6 4.80 -20.0 Daily $0.00 Minimum Not Reached 2/20/2017 2-2017 pH 2 X month su 6 5 -16.7 Daily $0.00 Minimum Not Reached MONITORING VIOLATION(S) SAMPLE LOCATION: Outfall 001 - Effluent Violation Report Unit of Limit Calculated % Over Violation Penalty Date Month/Yr Parameter Frequency Measure Value Value Limit Type Amount 2/28/2017 2-2017 Chlorine, Total 2 X month ug/I Frequency $30.00 Residual Violation 2/28/2017 2-2017 Solids, Total 2 X month mg/1 Frequency $37.85 Suspended- Violation Concentration 2/28/2017 2-2017 Turbidity 2 X month ntu Frequency $34.99 Violation Town of Andrews Permit Number: NC0069892 County: Cherokee Case Number: LM-2017-0016 ASSESSMENT FACTORS 1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation; All effluent violations may be detrimental to the receiving stream but may not be immediately quantified. Potential violations may not be revealed with "Failure to Monitor." 2) The duration and gravity of the violation; One of two Chlorines, one of two TSSs and one of two Turbidities were not monitored monthly per the requirements of the NPDES permit. Eight pHs did not meet the NPDES permit required Daily Minimum of 6 su. 3) The effect on ground or surface water quantity or quality or on air quality; All effluent violations may be detrimental to the receiving stream but may not be immediately quantified. Potential violations may not be revealed with "Failure to Monitor." 4) The cost of rectifying the damage; The cost is unknown. 5) The amount of money saved by noncompliance; The amount of money saved is unknown. The amount of money saved would include the cost of collection of the additional samples and the cost of analyzing them at a certified lab. r 6) Whether the violation was committed willfully or intentionally; It does not appear to be either. 7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and There have been no civil penalty enforcements in the twelve months prior to this violation. 8) The cost to the State of the enforcement procedures. $116.62 OCZ (• /-�- Date G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDEQ PERMIT NUMBER: NCO069892 OWNER: Town of Andrews FACILITY: Andrews WTP REGION Asheville 1 DMR BATCH DATE 6/21/17 BATCH PAGE 1 RECEIVED DATE 04/04/2017 MONTH 2 YEAR 2017 OUTFALL: 001 LOCATION EFFLUENT COUNTY Cherokee 50050 mgd RC Flow, in conduit or thru treatment plant 00400 su GR pH 50060 ug/I GR Chlorine, Total Residual C0530 mg/I GR Solids, Total Suspended- Concentration C0600 mg/I GR Nitrogen, Total - Concentration C0665 mg/l GR Phosphorus, Total (as P) - Concentration 00070 ntu GR Turbidity 01042 mg/I GR Copper, Total (as Cu) 01045 mg/I GR Iron, Total (as Fe) 01055 mg/1 GR Manganese, Total (as Mn) 1 0.123 2 0.055 4.6 3 0.236 4.7 4 0.097 5 0.109 6 0.103 7 0o79 5.3 8 0.056 9 0.17 5.2 10 0.093 6.1 11 0.095 12 0.098 13 0.115 14 0.055 4.2 <10 16.2 0.51 0.062 15.9 0.003 6.4 0.66 15 0.109 16 0.157 4.3 17 0.166 4.8 18 0.073 19 0.066 20 0.104 5 21 0.14 22 0.154 6.1 23 0.136 24 0.124 6.3 25 0.081 26 0.119 27 0.118 28 0.1 29 30 31 AVG 0.112 0 16.2 0.51 0.062 15.9 0.03 6.4 0.66 Mom( 0.026 6.3 <10 16.2 0.51 0.062 15.9 0.03 6.4 0.66 MIN 0.055 4.3 <10 16.2 0.51 0.062 15.9 0.03 6.4 0.66 GEO PERMIT NUMBER: NCO069892 OWNER: Town of Andrews FACILITY: Andrews WTP REGION Asheville OUTFALL 1 DMR BATCH DATE RECEIVED DATE 001 LOCATION 6/21/17 BATCH PAGE 1 04/0412017 MONTH 2 YEAR 2017 EFFLUENT COUNTY Cherokee 01092 mg/I GR Zinc, Total (as Zn) 01105 mg/I GR Aluminum, Total (as Al) TGP3B pass/fail GR Pass/Fail Static Renewal 7Day Chronic 1 2 3 4 5 6 7 8 9 10 11 12 13 14 0.039 150 2 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 AVG 0.039 150 2 MAX 0.039 150 2 MIN 0.039 150 2 GEO S=��Y ZI1�1M1~ItM�N; Certified Mail # 7016 1370 000165718232 Return Receipt Requested June 21, 2017 Bill Bailey, Town Manager Town of Andrews PO BOX 1210 Andrews, NC 28901 SUBJECT: Notice of Violation and Assessment of Civil Penalty for Violations of North Carolina General Statute (G.S.) 143-215.1(a)(6) and NPDES WW Permit No. NCO069892 Town of Andrews Andrews WTP Case No. LM-2017-0016 Cherokee County Dear Permittee: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $219.46 ($102.84 civil penalty + $116.62 enforcement costs) against Town of Andrews. This assessment is based upon the following facts: a review has been conducted of the Discharge Monitoring Report (DMR) submitted by Town of Andrews for the month of February 2017. This review has shown the subject facility to be in violation of the discharge limitations and/or monitoring requirements found in NPDES WW Permit No. NC0069892. The violations, which occurred in February 2017, are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that Town of Andrews violated the terms, conditions or requirements ofNPDES WW Permit No. NCO069892 and G.S. 143-215. 1 (a)(6) in the manner and extent shown in Attachment A. In accordance with the maximums established by G.S. 143-215.6A(a)(2), a civil penalty maybe assessed against any person who violates the terms, conditions or requirements of a permit required by G.S. 143-215.1(a). Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the Secretary of the Department of Environmental Quality and the Director of the Division of Water Resources, I, G. Landon Davidson, P.G., Regional Supervisor, Asheville Regional Office hereby make the following civil penalty assessment against Town of Andrews: State of North Carolina I Environmental Quality I Water Resources 2090 U.S. 70 Highway, Swannanoa, NC 28778 828-296-4500 $0.00 $30.00 $37.85 $34.99 0 of the 8 violations of 143-215. 1 (a)(6) and Permit No.NC0069892, by dischargh the waters of the State in violation of the Permit Daily Minimum for pH. for 1 of the 1 failures to properly monitor CHLORINE in violation of Permit No for 1 of the 1 failures to properly monitor TSS - Cone in violation of Permit No. NC0069892. for 1 of the 1 failures to properly monitor TURBIDTY in violation of Permit No. NC0069892. $102.84 TOTAL CIVIL PENALTY $116.62 Enforcement Costs $219.46 TOTAL AMOUNT DUE Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 143B-282.1(b), which are: (1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation; (2) The duration and gravity of the violation; (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; (6) Whether the violation was committed willfully or intentionally; (7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and (8) The cost to the State of the enforcement procedures. Within thirty (30) days of receipt of this notice, you must do one of the following: (1) Submit payment of the penalty, OR (2) Submit a written request for remission, OR (3) Submit a written request for an administrative hearing Option 1: Submit payment of the penalty: Payment should be made directly to the order of the Department of Environmental Quality (do not include waiver form). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). Please submit payment to the attention of. Wastewater Branch Division of Water Resources 1617 Mail Service Center Raleigh, North Carolina 27699-1617 nit a written request for remission or mitigation including a detailed justification for such hat a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Because a remission request forecloses the option of an administrative hearing, such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation and agreement that no factual or legal issues are in dispute. Please prepare a detailed statement that establishes why you believe the civil penalty should be remitted, and submit it to the Division of Water Resources at the address listed below. In determining whether a remission request will be approved, the following factors shall be considered: (1) whether one or more of the civil penalty assessment factors in NCGS 143B-282.1(b) was wrongfully applied to the detriment of the petitioner; (2) whether the violator promptly abated continuing environmental damage resulting from the violation; (3) whether the violation was inadvertent or a result of an accident; (4) whether the violator had been assessed civil penalties for any previous violations; or (5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Please note that all evidence presented in support of your request for remission must be submitted in writing. The Director of the Division of Water Resources will review your evidence and inform you of his decision in the matter of your remission request. The response will provide details regarding the case status, directions for payment, and provision for further appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty Remissions (Committee). Please be advised that the Committee cannot consider information that was not part of the original remission request considered by the Director. Therefore, it is very important that you prepare a complete and thorough statement in support of your request for remission. In order to request remission, you must complete and submit the enclosed "Request for Remission of Civil Penalties, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form within thirty (30) days of receipt of this notice. The Division of Water Resources also requests that you complete and submit the enclosed "Justification for Remission Request." Both forms should be submitted to the following address: Wastewater Branch Division of Water Resources 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Option 3: File a petition for an administrative hearing with the Office of Administrative He: If you wish to contest any statement in the attached assessment document you must file a.petition fi hearing. You may obtain the petition form from the Office of Administrative Hearings. You mu: the Office of Administrative Hearings within thirty (3 0) days of receipt of this notice. A petition is considered tiled when it is received in the Office of Administrative Hearings during normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for official state holidays. The petition may be filed by facsimile (fax) or electronic mail by an attached file (with restrictions) - provided the signed original, one (1) copy and a filing fee (if a filing fee is required by NCGS § 150B-23.2) is received in the Office of Administrative Hearings within seven (7) business days following the faxed or electronic transmission. You should contact the Office of Administrative Hearings with all questions regarding the filing fee and/or the details of the filing process. The mailing address and telephone and fax numbers for the Office of Administrative Hearings are as follows: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 Tel: (919) 733-2698 Fax: (919) 733-3478 One (1) copy of the petition must also be served on DEQ as follows: Mr. William F. Lane, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, North Carolina 27699-1601 Please indicate the case number (as found on page one of this letter) on the petition. Failure to exercise one of the options above within thirty (30) days of receipt of this letter, as evidenced by an internal date/time received stamp (not a postmark), will result in this matter being referred to the Attorney General's Office for collection of the penalty through a civil action. Please be advised that additional penalties may be assessed for violations that occur after the review period of this assessment. If you have any questions, please contact Janet Cantwell with the Division of Water Resources staff of the Asheville Regional Office at (828) 296-4667 or via email atjanet.cantwell@ncdenr.gov. Sincerely, G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDEQ ATTACHMENTS Cc: WQS Asheville Regional Office - Enforcement File NPDES Compliance/Enforcement Unit - Enforcement File G'.R`RdVQ\C'iterokea�SVastewnteiMunicipa!\Andrew; Water Plant 69892\N0V., ALM-2017-0016.rtf JUSTIFICATION FOR REMISSION REQUEST Case Number: LM-2017-0016 Assessed Party: Town of Andrews/ WTP Permit No.: NC0069892 County: Cherokee Amount Assessed: $219.46 Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission, Waiver of Right to an Administrative -Bearing, and Stipulation of Facts" form to request remission of this civil penalty. You should attach any documents that you believe support your request and are necessary for the Director to consider in evaluating your request for remission. Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 143B-282.1(c), remission of a civil penalty maybe granted only when one or more of the following five factors apply. Please check each factor that you believe applies to your case and provide a detailed explanation, including copies of supporting documents, as to why the factor applies (attach additional pages as needed). (a) one or more of the civil penalty assessment factors in N.C.G.S. 143B-282.1(b) were wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil penalty assessment document); (b) the violator promptly abated continuing environmental damage resulting from the violation (i.e., explain the steps that you took to correct the violation and prevent future occurrences); (c) the violation was inadvertent or a result of an accident (i.e., explain why the violation was unavoidable or something you could not prevent or prepare for); (d) the violator had not been assessed civil penalties for any previous violations; (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions (i.e., explain how payment of the civil penalty will prevent you from performing the activities necessary to achieve compliance). EXPLANATION: STATE OF NORTH CAROLINA COUNTY OF CHEROKEE IN THE MATTER OF ASSESSMENT ) OF CIVIL PENALTIES AGAINST ) Town of Andrews ) Andrews WTP ) PERMIT NO. NCO069892 ) DEPARTMENT OF ENVIRONMEN WAIVER OF RIGHT TO AN ADMINISTRATIVE HEARING AND STIPULATION OF FACTS CASE NO. LM-2017-0016 Having been assessed civil penalties totaling $219.46 for violation(s) as set forth in the assessment document of the Division of Water Resources dated June 21, 2017, the undersigned, desiring to seek remission of the civil penalty, does hereby waive the right to an administrative hearing in the above -stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the Director of the Division of Water Resources within thirty (30) days of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after (30) days from the receipt of the notice of assessment. This the day of 520 SIGNATURE ADDRESS TELEPHONE ATTACHMENT A Town of Andrews CASE NUMBER: LM-2017-0016 PERMIT: NCO069892 FACILITY: Andrews WTP LIMIT VIOLATION(S) REGION: Asheville COUNTY: Cherokee SAMPLE LOCATION: Outfall 001 - Effluent Violation Report Unit of Limit Calculated % Over Violation Penalty Date Month/Yr Parameter Frequency Measure Value Value Limit Type Amount 2/2/2017 2-2017 pH 2 X month su 6 4.60 -23.3 Daily $0.00 Minimum Not Reached 2/3/2017 2-2017 pH 2 X month su 6 4.70 -21.7 Daily $0.00 Minimum Not Reached 2/7/2017 2-2017 pH 2 X month su 6 5.30 -11.7 Daily $0.00 Minimum Not Reached 2/9/2017 2-2017 pH 2 X month su 6 5.20 -13.3 Daily $0.00 Minimum Not Reached 2/14/2017 2-2017 pH 2 X month su 6 4.20 -30.0 Daily $0.00 Minimum Not Reached 2/16/2017 2-2017 pH 2 X month su 6 4.30 -28.3 Daily $0.00 Minimum Not Reached 2/17/2017 2-2017 pH 2 X month su 6 4.80 . -20.0 Daily $0.00 Minimum Not Reached 2/20/2017 2-2017 pH 2 X month su 6 5 -16.7 Daily $0.00 Minimum Not Reached MONITORING VIOLATION(S) SAMPLE LOCATION: Outfall 001 - Effluent Violation Report Unit of Limit Calculated % Over Violation Penalty Date MonthNr Parameter Frequency Measure Value Value Limit Type Amount 2/28/2017 2-2017 Chlorine, Total 2 X month ug/I Frequency $30.00 Residual Violation 2/28/2017 2-2017 Solids, Total 2 X month mg/I Frequency $37.85 Suspended- Violation Concentration 2/28/2017 2-2017 Turbidity 2 X month ntu Frequency $34.99 Violation DIVISION OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT (File) Town of Andrews Facility Name: Andrews WTP Permit Number: NC0069892 County: Cherokee Case Number: LM-2017-0016 ASSESSMENT FACTORS 1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation; All effluent violations may be detrimental to the receiving stream but may not be immediately quantified. Potential violations may not be revealed with "Failure to Monitor." 2) The duration and gravity of the violation; One of two Chlorines, one of two TSSs and one of two Turbidities were not monitored monthly per the requirements of the NPDES permit. EightpHs did not meet the NPDES permit required Daily Minimum of 6 su. 3) The effect on ground or surface water quantity or quality or on air quality; All effluent violations may be detrimental to the receiving stream but may not be immediately quantified. Potential violations may not be revealed with "Failure to Monitor." 4) The cost of rectifying the damage; The cost is unknown. 5) The amount of money saved by noncompliance; The amount of money saved is unknown. The amount of money saved would include the cost of collection of the additional samples and the cost of analyzing them at a certified lab. 6) Whether the violation was committed willfully or intentionally; It does not appear to be either. 7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and There have been no civil penalty enforcements in the twelve months prior to this violation. 8) The cost to the State of the enforcement procedures. $116.62 Date G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDEQ Certified Mail # 7015 1520 0003 5463 4545 Return Receipt Requested May 2, 2017 Nancy Curtis, Mayor Town of Andrews PO Box 1210 Andrews, NC 28901 SUBJECT: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY Tracking Number: NOV-2017-LV-0309, NOV-2017-LV-0310, NOV-2017-LV-0311, NOV-2017-LV-0312, ,0_LM9-jWE W 0Nq 03/—, Permit No. NCO069892 Andrews WTP (Water Treatment Plant) Cherokee County Dear Permittee: A review of the October 2016, November 2016, December 2016, January 2017 and February 2017 Discharge Monitoring Report (DMR) for the subject facility revealed the violation(s) indicated below: Limit Exceedance Violation(s): (October 2016: NOV-2017-LV-0309 Sample Location Parameter Date Limit . 'Value Reported Value Type of Violation 001 Effluent pH (00400) 10/4/2016 6 5.1 Daily Minimum Not Reached 001 Effluent pH (00400) 10/5/2016 9 9.5 Daily Maximum Exceeded 001 Effluent pH (00400) 10/11/2016 6 5.3 Daily Minimum Not Reached 001 Effluent pH (00400) 10/12/2016 6 5 Daily Minimum Not Reached 001 Effluent pH (00400) 10/21/2016 6 5.9 Daily Minimum Not Reached 001 Effluent pH (00400) 10/26/2016 9 11.8 Daily Maximum Exceeded 001 Effluent pH (00400) 10/27/2016 9 11.5 Daily Maximum Exceeded 001 Effluent pH (00400) 10/28/2016 9 10.4 Daily Maximum Exceeded State of North Carolina I Environmental Quality I Water Resources 2090 U.S. 70 Highway, Swannanoa, NC 28778 828-296-4500 Limit Exceedance Violation(s): (November 2016: NOV-2017-LV-0310) Sample Limit Reported Location Parameter Date Value Value Type of Violatia 001 Effluent Chlorine, Total Residual 11/8/2016 17 71 Daily Maximum Exceeded (50060) Reporting Violation(s): Sample Location Parameter Date Type of Violation 001 Effluent pH (00400) 11/30/2016 Parameter Missing Limit Exceedance Violation(s): (December 2016: NOV-2017-LV-0311 Sample Limit Reported Location Parameter Date Value Value Type of Violation 001 Effluent pH (00400) 12/19/2016 6 5.9 Daily Minimum Not Reached 001 Effluent pH (00400) 12/20/2016 6 5.8 Daily Minimum Not Reached 001 Effluent Chlorine, Total Residual 12/27/2016 17 135 Daily Maximum Exceeded (50060) Limit Exceedance Violation(s): (]anuary 2017:' NOV-2017-LV-0312 Sample Limit Reported Location Parameter Date Value Value Type of Violation 001 Effluent pH (00400) 1/5/2017 6 ` .5.9 Daily Minimum Not Reached 001 Effluent pH (00400) 1/11/2017 9 9.2 Daily Maximum Exceeded Limit Exceedance Violation(s): (February 2017ON4,DV- 017 L■M=(Ir03 Sample Limit Reported Location Parameter Date Value Value Type of Violation 001 Effluent pH (00400) 2/2/2017 6 A6 Daily Minimum Not Reached 001 Effluent pH (00400) 2/3/2017 6 4.7 Daily Minimum Not Reached 001 Effluent pH (00400) 2/7/2017 6 5.3 Daily Minimum Not Reached 001 Effluent pH (00400) 2/9/2017 6 5.2 Daily Minimum Not Reached 001 Effluent pH (00400) 2/14/2017 6 4.2 Daily Minimum Not Reached 001 Effluent pH (00400) 2/16/2017 6 4.3 Daily Minimum Not Reached 001 Effluent pH (00400) 2/17/2017 6 4.8 Daily Minimum Not Reached 001 Effluent pH (00400) 2/20/2017 6 5 Daily Minimum Not Reached Monitoring Teter Date Frequency Type of Violation 001 Effluent Chlorine, Total Residual (50060) 2/28/2017 2 X month Frequency Violation 001 Effluent Solids; Total Suspended - 2/28/2017 2 X month Frequency Violation Concentration (C0530) 001 Effluent Turbidity (00070) 2/28/2017 2 X month Frequency Violation A Notice of Violation/Intent to Issue Civil Penalty is being issued for the noted violation of North Carolina General Statute (G.S.) 143-215.1 and the facility's NPDES Permit. Pursuant to G.S. 143-215.6A, a civil penalty of not more than twenty-five thousand dollars ($25,000.00) may be. assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of any permit issued pursuant to G.S. 143-215.1. If you wish to provide additional information regarding the noted violation, request technical assistance, or discuss overall compliance please respond in writing within ten (10) business dais after receipt of this Notice. A review of your response will be considered along with any information provided on the submitted Discharge Monitoring Report(s). You will then be notified of any civil penalties that may be assessed regarding the violations. If no response is received in this Office within the 10-day period, a civil penalty assessment may be prepared. Remedial actions should have already been taken to correct this problem and prevent further occurrences in the future. The Division of Water Resources may.pursue enforcement action for this and any additional violations. of State law. If the violations are of a continuing nature, not related to operation and/or maintenance problems, and you anticipate remedial construction activities, then you may wish to consider applying for a Special Order by Consent. Reminder: Pursuant to Permit Condition 6 in Section E. the Permittee is required to verbally notify the Regional Office as soon as possible, not to exceed 24 hours, from first knowledge of any non-compliance at the facility including limit violations, bypasses of, or failure of a treatment unit. A written report may be required within 5 days if directed by Division staff. Prior notice should be given for anticipated or potential problems due to planned maintenance activities, taking units off-line, etc. If you have any questions concerning this matter or to apply for an SOC, please contact Janet Cantwell of the Asheville Regional Office at 828-296-4500. Sincerely, G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDEQ Cc Q evil e�I�egj ah0fbwe wEnfer�c-ement�&[ NPDES Compliance/Enforcement Unit - Enforcement File Randy Hintz/ Supervisor - Public Water Supply G:\WR\WQ\Cherokee\Wastewater\Municipal\Andrews Water Plant 69892\NOV-NOI-2017-LV-0309.10-11-12—LM-0037.rtf Facility information NPDES permit #: Facility name: WWTP class: NC0069892 Cherokee County Town of Andrews - Water Treatment Plant wastewater discharge system I Physical Chemical (classified 8-17-2001) WWTP type: discharge of filter backwash from the water treatment plant consisting of: liquid calcium thiosulfate dechlorination feed system with a 150 gallon chemical storage tank; 7500 gallon backwash water pump station with dual 1400 gpm 40 HP pumps; dual 206,000 gallon clarifier tanks, used as sludge thickeners; dual 100 gpm 1 HP decant pumps; tanker pump sludge withdrawal port (2-inch); and 4-inch effluent discharge line. Old lagoon: The old wastewater lagoon has been closed and vegetation has been established. A to C: Authorization to Construct issued 3-24-2009 for replacement of the alum sludge lagoon. Michael Dowd, P.E. cert. 3-6-2009; McGill Associates. For the installation of a new 7,500 gallon backwash water pump station with dual 1400 gpm 40 HP pumps; conversion of the two existing 206,000 gallon clarifier tanks, to be used as sludge thickeners, with dual 100 gpm 1 HP decant pumps in each; and a new 4-inch effluent discharge line. A to C was issued on 3-11-2009 for the installation of a new dechlorination system utilizing calcium thiosulfate. The permit was modified on 4-9-2009 to extend the deadline for the new TRC limit of 17 ug/I. This limit was Annual average flow: Maximum flow rate: CEls: extended to become effective Sept 1, 2009. Note: New Water Plant came on-line in 2007. 0.02 MGD 0.03 MGD 9-24-2013 9-3-2008 10-12-2006 3-23-2006 Sludge Management: Hauled to the Town of Andrews' WWTP for digestion & dewatering with ultimate disposal in the Cherokee Co. Landfill. WTP location: Responsible official: Responsible " 's title: Mailing address: Phone numbers 828-321-3113 828-360-6401 828-321-3006 828-321-3126 Dan Holland Road, north of Andrews "Bill" William Green Town Manager PO Box 1210; Andrews, NC 28901 Bill Green cell Michael Ladd, ORC Operator information ORC: BU ORC: Permit information Issued: Expire: Renewal rcvd: Reviewer: Bill Bateman, Superintendent Michael Ladd — PC 1 Cert. # 985833 Christopher M. Ladd — PC 1 Cert. # 985834 11-1-2007 8-31-2012 6-11-13 Bob Sledge Stream information Stream: River basin: Sub -basin: Quad: Grid: Stream classification: Drainage area sq mi: Instream Waste Conc.: Average stream flow: Summer 7Q10 cfs: Winter 7Q10 cfs: Latitude: Longitude: Other information UT to Dan Holland Creek Hiwassee River Basin 04-05-02 Andrews, NC G3NE C - Trout 350 12' 38" 830 50' 12" Directions: Town of Andrews Water Plant Time / distance: 2 hours — 105 miles Note: allow 30 minutes extra to get through the Nantahala Gorge. Take: 1-40 West — go 27.4 miles. Merge onto US-74 West via Exit 27 toward Waynesville - go 73.1 miles. The Water Plant is located on Dan Holland Road. Just before reaching the turn off onto.(Hwy 19 Business) Main Street in Andrews, turn right onto Holland Farm Road NCSR 1385 (off of US Hwys 74 / 129 / 19. Then turn right onto Dan Holland Road. There is a locked gate across the road. Once inside, follow the road to the end. Google Maps Page 1 of 1 To see all the details that are visible on the screen, use the "Print" link next to the map. ® (fer ?,q Ilt5 https://maps.google.com/maps?expflags=enable—star—basedjusti... 9/24/2013 M' �o y* NC®ENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor June 27th, 2013 Andrews WTP P.O. Box 1210 Andrews, NC 28901 Subject: Receipt of permit renewal application NPDES Permit NCO069892 Cherokee County Dear Mr. William Green, John E. Skvarla, III Secretary RECEIVED JUL -22013 DWQ/Surface Water Protection Section Asheville Regional Office The NPDES Unit received your permit renewal application on June 11th 2013. This permit renewal has been assigned Bob Sledge (919-807-6398) who will contact you if any additional information is required to complete your permit renewal. Due to current backlog, you should continue to operate under terms of your current permit, until a new permit is issued. If you have any questions, please contact the assigned permit writer. Sincerely, �(✓� yz Jeff Pou Point Source Branch Program Supervisor IV Cc: Central Files s evl e> f ebl�ar�alWffiibe NPDES Unit 1601 Mail Service Center, Raleigh, North Carolina 27699-1601 One Phone: 919-707-86001 Internet: www.ncdenr.gov Nofth 9Csc`1T�golina An Equal Opportunity1 Affirmative Action Employer - 50% Recycled 110% Post Consumer Paper Ai{ 9-i�Ybraliff Form 2A has been developed in a modular format and consists of a "Basic Application information" packet and a "Supplemental Application Information" packet, The Basic Application Information packet is divided into two parts. All applicants must complete Parts A and C. Applicants with a design flow greater than or equal to 0.1 mgd must also complete Part B. Some applicants must also complete the Supplemental Application information packet. The following items explain which parts of Form 2A you must complete. BASIC APPLICATION INFORMATION: A. Basic Application Information for all Applicants. All applicants must complete questions A.1 through A.8. A treatment works that discharges effluent to surface waters of the United States must also answer questions A.9 through A.12. B. Additional Application Information for Applicants with a Design Flow �-> 0A mgd. All treatment works that have design flows greater than or equal to 0.1 million gallons per day must complete questions B.1 through 6.6. C. Certification. All applicants must complete Part C (Certification). SUPPLEMENTAL APPLICATION INFORMATION: D. Expanded Effluent Testing Data. A treatment works that discharges effluent to surface waters of the United States and meets one or more of the following criteria must complete Part D (Expanded Effluent Testing Data): 1, Has a design flow rate greater than or equal to 1mgd, 2.- Is required to have a pretreatment program (or has one in place), or 3. Is otherwise required by the permitting authority to provide the information. E, Toxicity Testing Data. A treatment works that meets one or more of the following criteria must complete Part E (Toxicity Testing Data): 1, Has a design flow rate greater than or equal to 1 mgd, 2. Is required to have a pretreatment program (or has one In place), or 3. Is otherwise required by the permitting authority to submit results of toxicity testing. F. Industrial User Discharges and RCRA/CERCLA Wastes. A treatment works that accepts process wastewater from any significant industrial users (SIUs) or receives RCRA or CERCtA wastes must complete Part F (Industrial User Discharges and RCRA/CERCLA Wastes). SIUs are defined as: 1. All industrial users subject to Categorical Pretreatment Standards under 40 Code of Federal Regulations (CFR) 403,E and 40 CFR Chapter I, Subchapter N (see instructions); and 2. Any other industrial user that: a. Discharges an average of 25,000 gallons per day or more of process wastewater to the treatment works (with certain exclusions); or b. Contributes a process wastestream that makes up 5 percent or more of the average dry weather hydraulic or organic capacity of the treatment plant; or C. Is designated as an SIU by the control authority. G, Combined Sewer Systems. A treatment works that has a combined sewer system must complete Part G (Combined Sewer Systems). JUN 1 1 2013 EPA Form 3510-2A (Rev. 1-99). Replaces EPA forms 7550.6 & 7550-22. 1 1 I I Page 1 of 22 FACILITY NAME AND PERMIT NUMBER: PERMIT ACTION REQUESTED: RIVER BASIN: Andrews WTP, NCO069892 Renewal H.lawassee PART A BASIG APPLICATION 1NFbRMA`fION FC?R A),L pPCICANTSz f{ All treatment works must complete questions A,1 through A.8 of this Basle Applicatlon information Packet. EPA Form 3510-2A (Rev. 1-99). Replaces EPA forms 755D-6 & 7550-22. Page 2 of 22 AA, Facility Information. Facility Name Mailing Address Contact Person Title Telephone Number Facility Address Andrews WTP P.O. Box 1210 Andrews NO 28901 Michael Ladd (828) 321 3006 - NCSR 1385 North of Andrews NO (not P.O. Box) Andrews NC 28901 A.2. Applicant Information. If the applicant Is different from the above, provide the following: Applicant Name Town ofAndrews Mailing Address P.O, Box 1210 Andrews NC 28901 Contact Person William Green Title Town Manager Telephone Number (828) 321 3113 - is the applicant the owner or operator (or both) of the treatment works? ® owner ❑ operator Indicate whether correspondence regarding this permit should be directed to the facility or the applicant. E facility ® applicant A.3. Existing Environmental Permits. Provide the permit number of any existing environmental permits that have been issued to the treatment works (include slate -Issued permits). NPDES NCO069892 PSD UIC Other RCRA Other A.4. Collection System information, Provide information on municipalities and areas served by the facility. Provide the name and population of each entity and, If known, provide information on the type of collection system (combined vs. separate) and its ownership (municipal, private, etc.). NiA Name Population Served Type of Collection System Ownership Total population served EPA Form 3510-2A (Rev. 1.99). Replaces EPA forms 7550.8 & 7550.22. Page 3 of 22 FACILITY NAME AND PERMIT NUMBER: PERMIT ACTION REQUESTED: RIVER BASIN: Andrews WTP, NCO069892 Renewal Hiawassee EPA Form 3510-2A (Rev. 1-99). Replaces EPA forms 7550-6 & 7550-22. Page 4 of 22 A.S. Indian Country. a. Is the treatmentworks located In Indian Country? ❑ Yes ® No b. Does the treatment works discharge to a receiving crater that Is either In Indian Country or that is upstream from (and eventually flows through) Indian Country? ❑ Yes ® No A,6. Flow. Indicate the design flour rate of the treatment plant (i.e., the wastewater flow rate that the plant was built to handle). Also provide the average daily flow rate and maximum daily flow rate for each of the last three years. Each year's data must be based .on a 12-month time period with the 121h month of We year" occurring no more than three months prior to this application submittal a. Design flow rate .04 mgd Two Years Ago Last Year This Year b. Annual average daily flow rate .02 .02 .02 G. Maximum daily flour rate .03 .03 .03 A.7. Collection System. Indicate the type(s) of collection system(s) used by the treatment plant. Check all that apply, Also estimate the percent contribution (by miles) of each. NIA ❑ Separate sanitary sewer ❑ Combined storm and sanitary sewer A.S. Discharges and Other Disposal Methods. a. Does the treatment works discharge effluent to waters of the U.S.? ® Yes ❑ No If yes, list how many of each of the following types of discharge points the treatment works uses: b. c. I. Discharges of treated effluent ti. Discharges of untreated or partially treated effluent lit. Combined sewer overflow points Iv. Constructed emergency overflows (prior to the headworks) V. Other Does the treatment works discharge effluent to basins, ponds, or other surface Impoundments that do not have outlets for discharge to waters of the U.S.? ❑ Yes If yes, provide the following for each surface impoundment: Location, Annual average daily volume discharge to surface Impoundment(s) Is discharge ❑ continuous or ❑ Intermittent? Does the treatment works land -apply treated wastewater? If yes, provide the following for each land application site: NIA NIA ® No mgd ❑ Yes ® No Location: Number of acres: Annual average daily volume applied 10 site: mg! Is land application ❑ continuous or ❑ Intermittent? d, Does the treatment works discharge or transport treated or untreated wastewater to another treatment works? Yes 0 No EPA Form 3510-2A (Rev. 1-99). Replaces EPA forms 7550.6 & 7550-22. Page 5 of 22 FACILITY NAME AND PERMIT NUMBER: PERMIT ACTION REQUESTED: RIVER BASIN: Andrews WTP, NCO069892 Renewal Hlawassee If yes, describe the mean(s) by which the wastewater from the treatment works Is discharged or transported to the other treatment works (e.g., tank truck, pipe). If transport is by a party other than the applicant, provide: Transporter Name Mailing Address Contact Person Title Telephone Number ( 1 For each treatment works that receives this discharge, provide the following: Name Mailing Address Contact Person Title Telephone Number ( 1 If known, provide the NPDES permit number of the treatment works that receives this discharge Provide the average daily flow rate from the treatment works into the receiving facility. mgd e. Does the treatment works discharge or dispose of Its wastewater In a manner not Included In A.8, through A.8.d above (e.g., underground percolation, well infection): ❑ Yes ® No If yes, provide the following for each disposal method: Description of method (including location and size of site(s) if applicable): Annual daily volume disposed by this method: Is disposal through this method ❑ continuous or ❑ Intermittent? EPA Form 3510-2A (Rev. 1-99). Replaces EPA forms 7550-6 & 7550-22. Page 6 of 22 FACILITY NAME AND PERMIT NUMBER: PERMIT ACTION REQUESTED: RIVER BASIN: Andrews WTP, NCO069892 Renewal Hiawassee WASTEWATER DISCHARGES: If you answered "Yes" to question A.8.a, complete questions A.9 through A.12 once for each outfall (Including bypass points) through which effluent Is discharged. Do not Include Information on combined sewer overflows In this section. If you answered "No" to question A.B.a, go to Part B, "Additional Application Information for Applicants with a Design Flow Greater than or Equal to 0.1 mgd." EPA Form 3510.2A (Rev. 1-99). Replaces EPA forms 7550.6 & 7550-22. Page 7 of 22 A.9. Description of Outfall. a, Oulfall number 001 b, Location Andrews (City or town, If applicable) (Zip Code) (County) 35deg 12rnin 38sec (Stale) 83deg, 50min 12sec (Latitude) (Longitude) C. Distance from shore (If applicable) NIA ft. d. Depth below surface (if applicable) NIA ft. e. Average dally flow rate .02 mgd f. Does ihis outfall have either an Intermittent or a periodic discharge? R Yes ❑ No (go to A,9,g.) If yes, provide the following information: Number times per year discharge occurs: 365 Average duration of each discharge: 8 hours Average flow per discharge: .064 mgd Months In which discharge occurs: all g. Is outfall equipped with a diffuser? ❑ Yes R No A.10. Description of Receiving Wafers. a. Name of receiving water UT of Dan Holland Creek b. Name of watershed (if known) United States Soil Conservation Service 14-dlgitwatershed code (if known): C. Name of Slate ManagemendRNer Basin (if known): Hiawassee United Slates Geological Survey 8-digit hydrologic cataloging unit code (if known): d. Critical low flow of receiving stream (if applicable) acute cis e. Total hardness of receiving stream at critical low flow (If applicable): chronic cis mg/l of CaCO3 EPA Form 3510-2A (Rev. 1-99). Replaces EPA forms 7550.6 & 7550.22. Page 8 of 22 FACILITY NAME AND PERMIT NUMBER: PERMIT ACTION REQUESTED: RIVER BASIN: Andrews WTP, NCO069892 Renewal Hiawassee A,11. Description of Treatment a. What level of treatment are provided? Check all that apply. ® Primary ❑ Secondary ❑ Advanced ❑ Other. Describe: b. Indicate the following removal rates (as applicable): Design BOD5 removal or Design CBOD5 removal N/A % Design SS removal N/A % Design P removal N/A % Design N removal N/A % Other N/A % c. What type of disinfection Is used for the effluent from this outfall? If disinfection varies by season, please describe: No disinfection Is applied to the effluent but background chlorine is present from wafer treatment process If disinfection is by chlorination is dechlorination used for this oulfall? ❑ Yes ® No Does the treatment plant have post aeration? ❑ Yes ❑ No A.12. Effluent Testing information. All Applicants that discharge to waters of the US must provide effluent testing data for the following parameters. Provide the indicated effluent testing required by the permitting authority for each outfall through which effluent is discharged. Do not include information on combined sewer overflows in this section. All information reported must be based on data collected through analysis conducted using 40 CFR Part 136 methods. In addition, this data must comply with QA/QC requirements of 40 CFR Part 136 and other appropriate QA/QC requirements for standard methods for analytes not addressed by 40 CFR Part 136. At a minimum, effluent testing data must be based on at least three samples and must be no more than four and one-half years apart. outfall number: 001 ;.. :MAXIMUM.DAILYVALUE ..:: :.:. AVERAGE DAILY VALUE ..Value..:..:: :'.Units Value .. Units ..:. :• :.Number of Samples .:: pH (Minimum) S.U. pH (Maximum) S.U. Flow Rate Temperature (Winter) Temperature (Summer) " For pH please report a minimum and a maximum daily value MAXIMUM DAILY DiSCHARGE AVERAGE DAILY DISCHARGE . :.POLLUTANT ANALYTICAL METHOD MLIMDL . Conc,. Units Conc... Units Number of :. Samples CONVENTIONAL AND NON CONVENTIONAL COMPOUNDS BIOCHEMICAL OXYGEN BOD5 DEMAND (Report one) CBOD5 FECAL COLIFORM TOTAL SUSPENDED SOLIDS (TSS) ft END OF PART A REFER�TO T.tiE APPL.IGATION 01JER,VII�W, (PAG.E'i) TO p�T�RMINE WHICM;OTHER PARTS OF FORM 2A YQU MUST COMPL�T EPA Form 3510-2A (Rev. 1-99)• Replaces EPA forms 7550-6 & 7550-22. Page 10 of 22 FACILITY NAME AND PERMIT NUMBER: PERMIT ACTION REQUESTED: RIVER BASIN: Andrews WTP, NCO069892 Renewal Hiawassee BASK APpL:]CAT,ION {NFQRMATiON � _ All applicants must complete the Certification Section. Refer to Instructions to determine who Is an officer for the purposes of this certification, All applicants must complete all applicable sections of Form 2A, as explained in the Application Overview, Indicate below which parts of Form 2A you have completed and are submitting, By signing this certification statement, applicants confirm that they have reviewed Form 2A and have completed all sections that apply to the facility for which this application Is submitted. Indicate which parts of Form 2A you have completed and are submitting: ® Basic Application information packet Supplemental Application Information packet: ❑ Part D (Expanded Effluent Testing Data) ❑ Part E (Toxicity Testing: Blomonitodng Data) ❑ Part F (industrial User Discharges and RCRA/CERCLA Wastes) ❑ Part G (Combined Sewer Systems) ALL APPLICANTS MUST CONIPhET� THE FOLLOIMNG 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 property 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 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 fine and Imprisonment for knowing violations. Name and official title W ' m r Signature Telephone number 828 321-3113 \\ Q-�-6) Date signed Upon request of the permitting authority, you must submit ny other information necessary to assure wastewater treatment practices at the treatment works or Identify appropriate permitting requirements. SEND COMPLETED FORMS TO: NCDENR/ DWQ Attn: NPDES Unit 1617 Mail Service Center Raleigh, North Carolina 27699-1617 EPA Form 3510-2A (Rev.1-99). Replaces EPA forms 7550.6 & 7650-22. Page 13 of 22 F WATT _ o Mr. William Green, Town Manager Town of Andrews P. O. Box 1210 Andrews, NC 28901 Michael F. Easley, Governor' William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Coleen H. Sullins, Director x , . Division of Water Quality September 27, 2007 Subject: Issuance of NPDES Permit NCO069892 Town of Andrews WTP Cherokee County Dear Mr. Green: WATER QUALITY SECTION 3HEVILLE REGIONAL OFFIC Division personnel have reviewed and approved your application for renewal of the subject permit. Accordingly, we are forwarding the attached NPDES discharge permit. This permit is issued pursuant to the requirements of North Carolina General Statute 143-215.1 and the Memorandum of Agreement between North Carolina and the U.S. Environmental Protection Agency dated May 9; 1994 (or as subsequently amended). This final permit includes no substantial changes from the draft permit sent to you on August 1, 2007. However, its terms include the following change from those found in your current permit: The permit includes a new daily maximum effluent limit for total residual chlorine (TRC). The limit shall become effective on May 1, 2009 (eighteen months following the effective date of the permit), but monitoring for TRC should continue as required under both the current and the renewed permits. If any parts, measurement frequencies or sampling requirements contained in this permit are unacceptable to you, you have the right to an adjudicatory hearing upon written request within thirty (30) days following receipt of this letter. This request must be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings (6714 Mail Service Center, Raleigh, North Carolina 27699-6714). Unless such demand is made, this decision shall be final and binding. Please note that this.permit is not transferable except after notice to the Division. The Division may require modification or revocation and reissuance of the permit. This permit does not affect the legal requirements to obtain other permits which may be required by the Division of Water Quality or permits required by the Division of Land Resources, the 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 Bob Sledge at telephone number (919) 733- 5083, extension 547. Sincerely, 0-r - Coleen H. Sullins cc: Central Files wslievrlleRegional'Office/Surface Water P o eco ec lon..Sectlon No Carolina NPDES Unit Naturally North Carolina Division of Water Quality 1617 Mail Service.Center Raleigh, NC 27699-1617 Phone (919) 733-7015 Customer Service Internet: www.ncwate[guality.org - Location: 512 N. Salisbury St. Raleigh, NC 27604 Fax (919) 733-2496 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer —50% Recycled/10% Post Consumer Paper Permit NCO069892 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY PERMIT TO DISCHARGE WASTEWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELEVIINATION SYSTEM In compliance with the provisions of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution. Control Act, as amended, the Town of Andrews is hereby authorized to discharge wastewater from a facility located at the Andrews WTP NCSR 1385 north of Andrews Cherokee County to receiving waters designated as an unnamed tributaryto Dan Holland Creek in the Hiwassee River Basin in accordance with effluent limitations, monitoring requirements, and other conditions set forth in Parts I, II, III and IV hereof. This permit shall become effective November 1, 2007. This permit and authorization to discharge shall expire at midnight on August 31, 2012. Signed this day September 27, 2007. oleen H. Sullins, Director Division of Water Quality. - By Authority of the, Environmental Management Commission Permit NC0069892 SUPPLEMENT TO PERMIT COVER SHEET All previous NPDES Permits issued to this facility, whether for operation or discharge are hereby revoked. As of this permit issuance, any previously issued permit bearing this number is no longer effective. Therefore, the exclusive authority to operate and discharge from this facility arises under the permit conditions, requirements, terms, and provisions included herein. The Town of_Andrews is hereby authorized to: 1. Continue to operate a drinking -water treatment plant with a discharge of filter -backwash wastewater. This facility is located at the Andrews WTP off NCSR 1385 north of Andrews in Cherokee County. 2. Discharge from said treatment works at the location specified on the attached map into an unnamed tributary to Dan Holland Creek, classified C-Trout waters in the Hiwassee River Basin. Quad: Andrews, N.C. Facility Stream Class: C-Trout Location ' Subbasi X405M D`f-0 o N00069892 Latitude:35-12'38" Town of Andrews WTP Longitude: 83'50'12" - Receiving Stream: UT Dan Holland Creek North Not to SCALE Permit NC0069892. A. (L) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS - FINAL During the period beginning on the effective date of this permit and lasting until expiration, the Permittee is authorized to discharge filter backwash from outfall 001. Such discharges shall be limited and monitored by the Permittee as specified below: EFFLUENT CHARACTERISTICS LIMITS- MONITORING REQUIREMENTS ` Monthly: Average,' Daily_:: Maximum" Measurement .. Frequeric . . S ample Type Sample Locations Flow Quarterly Estimate Effluent Total Suspended Solids 30.0 mg/L 45.0 mg1L Quarterly Grab Effluent Settleable Solids 0.1 ml/L 0.2 ml/L Quarterly Grab Effluent Turbidity2 Quarterly Grab Upstream & Downstream Iron Quarterly Grab Effluent Total Residual Chlorine3,4 17 pg/L Quarterly Grab Effluent Aluminum Quarterly Grab Effluent Footnotes: 1. Upstream = at least 50 feet upstream from the outfall. Downstream = at least 50 feet downstream from the outfall. 2. The discharge from this facility shall not cause turbidity in the receiving stream to exceed 10 NTU. If the instream turbidity exceeds 10 NTU due to natural background conditions, the discharge cannot cause turbidity to increase in the receiving stream. 3. The total residual chlorine limit will become effective on September 1, 2009. 4. The Division shall consider all effluent TRC values reported below 50 µg/L to be in compliance with the permit. However, the Permittee shall continue to record and submit all values reported by a North Carolina certified laboratory (including field certified), even if these values fall below 50 µme• All samples collected should be from a representative discharge event. There shall be no discharge of floating solids or visible foam in other than trace amounts. r' RUM North Carolina Department of Environment and Natural Resources Beverly Eaves Perdue Governor Division of Water Quality Coleen H. Sullins Director April 9, 2009 Mr. William Green, Town Manager Town of Andrews P. O. Box 1210 Andrews, NC 28901 Subject: NPDES Permit Modification Permit Number NCO069892 Town of Andrews WTP Cherokee County Dear Mr. Green: Dee Freeman Secretary l w C i ;! APR 2 4 2009 i WATER QUALITY SECTION ASHEVILLE REGIONAL OFFICE Division personnel have reviewed and approved your application for minor modification of the subject permit (submitted on your behalf by Mike Dowd of McGill Associates, P.A.). Accordingly we are forwarding the attached modified permit page. This page should be inserted into your permit and the old one discarded. This modification extends the effective date for implementation of the effluent limitation for Total Residual onne trom May 1, 2009 to September 1, 2009. This extension should allow the Town the opportunity to rdinate the installation of dechlorination equipment as part of the facility's overall modifications and upgrade. Please be advised that since the last renewal of this permit in 2007 the Division has modified its permitting strategy for discharges from water treatment plants. It is very likely that the terms of any future permit will be considerably different from those found in your current permit. This modification is issued pursuant to the requirements of North Carolina General Statute 143-215.1 and the Memorandum of Agreement between North Carolina and the U.S. Environmental Protection Agency dated May 9, 1994 (or as subsequently amended). Please note that this permit is not transferable except after notice to the Division. The Division may require modification or revocation and reissuance of the permit. This permit does not affect the legal requirements to obtain other permits which may be required by the Division of Water Quality or permits required by the Division of Land Resources, the 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 Bob Sledge at telephone number (919) 807-6398. Sincerely, . �,. roleen H. Sullins cc: Central Files NPDES Unit 1617 Mail Service Center, Raleigh, North Carolina 27699.1617 One Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 NOrthCar011 Phone: 919-807-6300 \ FAX: 919.807-6492 \ Customer Service: 1-877-623-6748 jla rallt� Internet) Action www.ncwaterquality.org An Equal Opportunity \Affirmative Action Employer KL �/ 8 Permit N00069892 A. (L) EF LUENT LIMITATIONS AND MONITORING REQUIREMENTS - FINA During the period inning on the effective date of this permit and lasting until ex iration, the Permittee is authorizeZ11. discharge filter backwash from outfall 001. Such discharges shall be limited and monitored by the PeNlttee as specified below: / Flow Quarterly /' Estimate Effluent Total Suspended Solids 30.0 mg/L 45.0 mg/L Quart/rl Grab Effluent Settleable Solids 0.1 ml/L 0.2 ml/L /Q rterly Grab Effluent Turbidit? Quarterly\ Grab Upstream & Downstream Iron / Quarterly Grab Effluent Total Residual Chlorine3 /17 pg/L Quarterly Gab Effluent Aluminum Quarterly Grab Effluent. Footnotes: 1. Upstream = at least 0 feet upstream from the outfall. Downstream = at least 0 feet downstream from the outfall. 2. The discharge/from this facility shall not cause turbidity in the�ecei-wing-strearn-to xceed 10 NTU. If the instreen turbidity exceeds 10 NTU due to natural aofground conditions, the 'scharge cannot TGse turbidity to increase in the receiving stre 3. The total residual chlorine limit will become applica , e on Mai-1�00-2 (eighteen months foll ing the effective date of the permit). ��� ,�1 t SEC.l-nDo' ` c��,r0//I Al samples collected should be from a representative di s harge event. There shall be no discharge of floating solids or visible foam ' other than trace amounts.Gt�2� NPDES Permit Standard Conditions Page 1 of 16 PART II STANDARD CONDITIONS FOR NPDES PERMITS Section A. Definitions 2/Month Samples are collected twice per month with at least ten calendar days between sampling events. 3/Week Samples are collected three times per week on three separate calendar days. Act or "the Act" The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 USC 1251, et. seq. Annual Average The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar year. In the case of fecal coliform, the geometric mean of such discharges. Arithmetic Mean The summation of the individual values divided by the number of individual values. Bypass The known diversion of waste streams from any portion of a treatment facility, including the collection system, which is not a designed or established or operating mode for the facility. Calendar Day The period from midnight of one day until midnight of the neat day. However, for purposes of this permit, any consecutive 24-hour period that reasonably represents the calendar day may be used for sampling. Calendar Quarter One of the following distinct periods: January through March, April through June, July through September, and October through December. Composite Sample A sample collected over a 24-hour period by continuous sampling or combining grab samples of at least 100 ml in such a manner as to result in a total sample representative of the wastewater discharge during the sample period. The Director may designate the most appropriate method (specific number and size of aliquots necessary, the time interval between grab samples, etc) on a case -by -case basis. Samples may be collected manually or automatically. Composite samples may be obtained by the following methods: (1) Continuous: a single, continuous sample collected over a 24-hour period proportional to the rate of flow. (2) Constant time/variable volume: a series of grab samples collected at equal time intervals over a 24 hour period of discharge and combined proportional to the rate of flow measured at the time of individual sample collection, or (3) Variable time/constant volume: a series of grab samples of equal volume collected over a 24 hour period with the time intervals between samples determined by a preset number of _gallons passing the sampling point Flow measurement between sample intervals shall be determined by use of a flow recorder and totalizer, and the preset gallon interval between sample collection fixed at no greater, than 1/24 of the expected total daily flow at the treatment system, or (4) Constant time/constant volume: a series of grab samples of equal volume collected over a 24-hour period at a constant time interval. This method may only be used in situations where effluent flow rates vary less than 15 percent. The grab samples shall be taken at intervals of no greater than 20 minutes apart during any 24-hour period and must be of equal size and of no less than 100 milliliters. Use of this method requires prior approval by the Director. Version 8112006 NPDES Permit Standard Conditions Page 2 of 16. In accordance with (4) above, influent grab samples shall not be collected more than once per hour. Effluent grab samples shall not be collected more 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. intervals evenly spaced over the 24-hour period that are equal in number of hours to the detention time of the system in number of days. However, the interval between effluent grab samples may not exceed six hours nor the number of samples less than four during a 24-hour sampling period. Continuous flow measurement Flow monitoring that occurs without interruption throughout the operating hours of the facility. Flow shall be monitored continually except for the infrequent times when there may be no flow or for infrequent maintenance activities on the flow device. Daft Dischar$e The discharge of a pollutant measured during a calendar day or any 24-hour period that reasonably represents the calendar day for purposes of sampling. For pollutants measured in units of mass, the "daily discharge" is calculated as the total mass of the pollutant discharged over the day. The "daily discharge" concentration comprises the mean concentration for a 24-hour sampling period as either a composite sample concentration or the arithmetic mean of all grab samples collected during that period. (40 CFR 122.2) Daily Maximum The highest "daily discharge" for conventional and other non -toxicant parameters. NOTE: " Permittees may not submit a "daily average" calculation [for determining compliance with permit limits] for toxicants. See the relevant Federal effluent guideline[s] for the appropriate calculation interval Daily Sampling " Parameters requiting daily sampling shall be sampled 5 out of every 7 days per week unless otherwise specified in the permit The Division expects that sampling shall be conducted.on weekdays except where holidays or other disruptions of normal operations prevent weekday sampling. If sampling is required for all seven days of the week for any permit parameter(s), that requirement will be so noted on the Effluent Limitations and Monitoring Page(s). DWO or "the Division" The Division of Water Quality, Department of Environment and Natural Resources. EMC The North Carolina Environmental Management Commission. Facility Closure The cessation of wastewater treatment at a permitted facility, or the cessation of all activities that require coverage under the NPDES. I Completion of facility closure will allow this permit to be rescinded Geometric Mean The Nth root of the product of the individual values where N = the number of individual values. For purposes of calculating the geometric mean, values of "0" (or "< [detection level]') shall be considered = L Grab Samle Individual samples of at least 100 ml collected over a period of time not exceeding 15 minutes. Grab samples can be collected manually. Grab samples must be representative of the discharge (or the receiving stream, for instream samples). Hazardous Substance Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the Clean Water Act Instantaneous flow measurement A measure of flow taken at the time of sampling, when both the sample and flow will be representative of the total discharge. Version 8/12006 NPDES Permit Standard Conditions Page 3 of 16 Monthly Average (concentration limitl The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar month. In the case of fecal coliform, the geometric mean of such discharges. Permit Issuing_ Authority The Director of the Division of Water Quality. Quarterly Average (concentration limit) The average of all samples taken over a calendar quarter. Severe property damage Substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage excludes economic loss caused by delays in production. Toxic Pollutant. Any pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act. U set An incident beyond the reasonable control of the Permittee causing unintentional and temporary noncompliance with permit effluent limitations and/or monitoring requirements. An upset does not include noncompliance caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation. Weekly Average (concentration limit) The arithmetic mean of all "daily discharges" of a pollutant measured duting.the calendar week. In the case of fecal coliform, the geometric mean of such discharges. Section B. General Conditions L Duty to Comnly 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 [40 CFR 122.41]. 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 section 301, 302, 306, 307, 308, 318 or 405 of the Act, or any permit condition or limitation implementing any such sections in a permit issued under section 402, or any requirement imposed in a pretreatment program approved under sections 402(a)(3) or 402(b)(8) of the Act, is subject to a civil penalty not to exceed $25,000 per day for each. violation. [40 CFR 122.41 (a) (2)] c. The Clean Water Act provides that any person who negligently violates sections 301, 302, 306, 307, 308, 318, or 405 of the Act, or any condition. or limitation implementing any of such sections in a permit issued under section 402 of the Act, or any requirement imposed in a pretreatment program approved under section 402(a)(3) or 402(b)(8) of the Act, is subject to criminal penalties of $2,500 to $25,000 per day of violation, or imprisonment of not more than 1 year, or both. In the case of a second or subsequent conviction for a negligent violation, a person shall be subject to criminal penalties of not more than $50,000 per day of violation, or by imprisonment of not more than 2 years, or both. [40 CFR 122.41 '(a) (2)] Version 8/12006 NPDES Permit Standard Conditions Page 4 of ] 6 d. Any person who knondngly violates such sections, or such conditions or limitations is subject to criminal penalties of $5,000 to $50,000 per day of violation, or imprisonment for not more than 3 years, or both. In the case of i second or subsequent conviction for a knowing violation, a person shall be subject to.criminal penalties of not more than $100,000 per day of violation, or imprisonment of not more than 6 years, or both. [40 CPR 122.41 (a) (2)] e. Any person who knowingly violates section 301, 302, 303, 306, 307, 308, 318 or 405 of the Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of the Act, and who knows at that time that he thereby places another person in imminent danger.of death or serious bodily injury, shall, upon conviction, be subject to a fine of not more than $250,000 or imprisonment of not more than 15 years, or both. In the case of a second or subsequent conviction for a knowing endangerment violation, a person shall be subject to a fine of not more than $500,000 or by imprisonment of not more than 30 years, or both. An organization, as defined in section 309(c)(3)(B)(ui) of the CWA, shall, upon conviction of violating the imminent danger provision, be subject to a fine'of not more than $1,000,000 and can be fined up to $2,000,000 for second or subsequent convictions. [40 CFR 122.41 (a) (2)] f. Under state law, a civil penalty of not more than $25,000 per violation may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of a permit. [North Carolina General Statutes § 143-215.6A] g. Any person may be assessed an administrative penalty by the Administrator for violating section 301, 302, 306, 307, 308, 318 or 405 of this Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of this Act Administrative penalties for Class I violations are not to exceed $10,000 per violation, with the maximum amount of any Class I penalty assessed not to exceed $25,000. 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. [40 CFR 122.41 (a) (3)] 2. Duty to Mitigate The Permittee shall take all reasonable steps Ito minimise 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 [40 CFR 122.41 (d)]. 3. Civil and Criminal Liability Except as provided in permit conditions on "Bypassing" (Part IL C. 4), "Upsets" (Part IL C. 5) and "Power Failures" (Part H. 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 Pertrittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended 5. Property Rights The issuance of this permit does not convey any property rights in either real or personal property, or any exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights, not any infringement of Federal, State or local laws or regulations [40 CFR 122.41 (g)]. 6. Onshore or Offshore Construction This permit does not authorize or approve the construction of any onshore or offshore physical structures or facilities or the undertaking of any work in any navigable waters. 7. . Severabilit4y Version 8/12006 NPDES Permit Standard Conditions Page 5of16 The provisions of this permit are severable. If any provision of this permit, or the application of any provision of this permit to any circumstances, is held invalid, the application of such provision to other circumstances, and the remainder of this permit, shall not be affected thereby -[NCGS 150B-23]. 8. Duty to Provide Information The Permittee shall furnish to the Permit Issuing Authority, within a reasonable time, any information which the Permit Issuing Authority may request to determine whether cause exists for modifying, revoking and reissuing, or terminating this permit or to determine compliance with this permit. The Permittee shall also furnish to the Permit Issuing Authority upon request, copies of records required by this permit [40 CFR 122.41 (h)]. 9. Duty to Reapply If the Permittee wishes to continue an activity regulated by this, permit after the expiration date of this permit, the Petmittee must apply for and obtain a new permit [40 CFR 122.41 (b)]. 10. Exgiration 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. Sian�atory Requirements All applications, reports, or information submitted to the Permit Issuing Authority shall be signed and certified [40 CFR 122.41 (k)]. a. All permit applications shall be signed as follows: (1) For a corporation: by a responsible corporate officer. For the purpose of this Section, a responsible corporate officer means: (a) a president, secretary, treasurer or vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision making functions for the corporation, or (b) the manager of one or more manufacturing, production, or operating facilities, provided, the manager is authorized to make management Bement decisions which govern the operation of the regulated facility including having the explicit or implicit duty of making major capital investment recommendations, and initiating and directing other comprehensive measures to assure long term environmental compliance with environmental laws and regulations; the manager can ensure that the necessary systems are established or actions taken to gather complete and accurate information for permit application requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures . (2) For a partnership or sole proprietorship: by a general partner or the proprietor, respectively; or (3) For a municipality, State, Federal, or other public agency: by either a principal executive officer or ranking elected official [40 CFR 122.22]. b. All reports required by the permit and other information requested by the Permit Issuing Authority shall be signed by a person described in paragraph a. above or by a duly authorized representative of that person. A person is a duly authorized representative only if: 1. The authorization is made in writing by a person described above; 2. The authorization specified either an individual or a position having responsibility for the overall operation of the regulated facility or activity, such as the position of plant manager, operator of a well or well field, superintendent, a position of equivalent responsibility, or an individual or. position having overall responsibility for environmental matters for the company. (A duly authorized representative may thus be either a named individual or any individual occupying a named position.); and 3. The written authorization is submitted to the Permit Issuing Authority [40 CFR 122.22] Version 8/1/2006 NPDES Permit Standard Conditions Page 6 of 16 c. Changes to authorization: If an authorization under paragraph (b) of this section is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, a new authorization satisfying the requirements of paragraph (b) of this section must be submitted to the Director prior to or together with any reports, information, or applications to be signed by an authorized representative [40 CFR 122.22] d. Certification. Any person signing a document under paragraphs a. or b. of this section shall make the following certification [40 CFR 122.22]: 7 certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations." 12. Permit Actions This permit may be modified, revoked and reissued, or terminated for cause. The filing of a request by the Permittee for a permit modification, revocation and reissuance, or termination, or a notification of planned_ changes or anticipated noncompliance does not stay any permit condition [40 CFR 122.41 (f)]. 13. Permit Modification_ Revocation and Reissuance, or Termination The issuance of this permit does not prohibit the permit' issuing authority from reopening and modifying the permit, revoking and reissuing the permit, or terminating the permit as allowed by the laws, rules, and regulations contained in Title 40, Code of Federal Regulations, Parts 122 and 123; Title 15A of the North Carolina Administrative Code, Subchapter 2H .0100; and North Carolina General Statute 143-215.1 et al. 14. Annual Administering and Compliance Monitoring Fee Requirements The Pcrmittee must pay the annual administering and compliance monitoring fee within thirty days after being billed by the Division. Failure to pay the fee in a timely manner in accordance with 15A NCAC 2H.0105 (b) (2) may cause this Division to initiate action to revoke the permit. Section C. Operation and Maintenance of Pollution Controls Certified Operator Upon classification of the permitted facility by the Certification Commission, the Permittee shall employ a certified water pollution control treatment system operator in responsible charge (ORC) of the water pollution control treatment system. Such operator must hold a certification of the grade equivalent to or greater than the classification assigned to the water pollution control treatment system by the Certification Commission. The Permittee must also employ one or more certified Back-up ORCs who possess a currently valid certificate of the type of the system. Backup ORCs must possess a grade equal to (or no more than one grade less than) the grade of the system [15A NCAC 8G.0201]. The ORC of each Class I facility must: ➢ Visit the facility at least weekly ➢ Comply with all other conditions of 15A NCAC 8G.0204. The ORC of each Class II, III and IV facility must: ➢ Visit the facility at least five days per week, excluding holidays ➢ Properly manage and document daily operation and maintenance of the facility ➢ Comply with all other conditions of 15A NCAC 8G.0204. Once the facility is classified, the Permittee shall submit a letter to the Certification Commission designating the operator in responsible charge: a. Within 60 calendar days prior to wastewater being introduced into a new system Version 8/1/2006 NPDES Permit Standard Conditions Page 7 of 16 b. Within 120 calendar days of: ➢ Receiving notification of a change in the classification of the system requiring the designation of a new ORC and back-up ORC ➢ A vacancy in the position of ORC or back-up ORC. 2. Proper Operation and Maintenance The Permittee shall at all times provide the operation and maintenance resources necessary to operate the existing facilities at optimum efficiency. The Permittee shall at all times properly operate and maintain all, facilities and systems of treatment. and control (and related appurtenances) which are installed .or used by the Permittee to achieve compliance with the conditions of this permit. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures. This provision requires the Permittee to install and operate backup or auxiliary facilities only when necessary to achieve compliance with the conditions of the permit [40 CFR 122.41 (e)]. 3. Need to Halt or Reduce not a Defense It shall not be a defense for a Permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order. to maintain compliance with the condition of this permit [40 CFR 122.41 (c)]- 4. BMassing of Treatment Facilities a. Bypass not exceeding limitations [40 CFR 122.41 (m) (2)] The Permittee may allow any bypass to occur which does not cause effluent limitations to be exceeded, but only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the provisions of Paragraphs b. and c. of this section. b. Notice [40 CFR 122.41 (m) (3)] (1) Anticipated bypass. If the Permittee knows in advance of the need for a bypass, it shall submit prior notice, if possible at least ten days before the date of the bypass; including an evaluation of the anticipated quality and effect of the bypass. (2) Unanticipated bypass. The Permittee shall submit notice of an unanticipated bypass as required in Part II. E. 6. (24-hour notice). c. Prohibition of Bypass (1) Bypass from the treatment facility is prohibited and the Permit Issuing Authority may take enforcement action against a Permittee for bypass, unless: (A) Bypass was unavoidable to prevent loss of life, personal injury or severe property damage; (B)' There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate backup equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and (C) The Permittee submitted notices as required under Paragraph b. of this section. (2) Bypass from the collection system is prohibited and the Permit Issuing Authority may take enforcement action against a Permittee for a bypass as provided in any current or future system wide collection system permit associated with the treatment facility. (3) The Permit Issuing Authority may approve an anticipated bypass, after considering its adverse effects, if the Permit Issuing Authority determines that it will meet the three conditions listed above in Paragraph c. (1) of this section. 5. lipsets a. Effect of an upset [40. CFR 122.41 (n) (2)]: An upset constitutes an affirmative defense to an action brought for noncompliance with such technology based permit effluent limitations if the requirements of paragraph b. of this condition are met No determination made during administrative review of claims that Version 8/1/2006 NPDES Permit Standard Conditions Page 8 of 16 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 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) of this permit. (4) The Permittee complied with any remedial measures required under Part H. B. 2. of this permit c. Burden of proof [40 CFR 122.41 (n) (4)]: The Permittee seeking to establish the occurrence of an upset has the burden of proof in any enforcement proceeding. 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 143-2151 and in a manner such as to prevent any pollutant from such materials from entering waters of the State or navigable waters of the United States.. The Permittee shall comply with all existing Federal regulations governing the disposal of sewage sludge. Upon promulgation of 40 CFR Part 503, any permit issued by the Permit Issuing Authority for the utilization/disposal of sludge may be reopened and modified, or revoked and reissued, to incorporate applicable requirements at 40 CFR 503. The Permittee shall comply with applicable 40 CFR 503 Standards for the Use and Disposal of Sewage Sludge (when promulgated) within the time provided in the .regulation, even if the permit is not modified to incorporate the requirement The Permittee shall notify the Permit Issuing Authority of any significant change in its sludge use or disposal practices. 7. Power Failures The Permittee is responsible for maintaining adequate safeguards (as required by 15A NCAC 2H.0124 — 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 the sample represents. All samples shall be taken at the monitoring points specified in this permit and, unless otherwise specified, before the effluent joins or is diluted by any other wastestream, body of water, or substance. Monitoring points shall not be changed without notification to and the approval of the Permit Issuing Authority [40 CFR 122:41 (j)]. 2. Reporting, Monitoring results obtained during the previous month(s) shall be summarized for each month and reported on a monthly Discharge Monitoring Report (DMR) Form (MR 1, 4 2, 3) or alternative forms approved by the Director, postmarked no later than the last. calendar day of the month following the completed reporting period. The first DMR is due on the last day of the month following the issuance of the permit or in the case of a new facility, on the last day of the month following the commencement of discharge. Duplicate signed copies of these, and all other reports required herein, shall be submitted to the following address: NC DENR / Division of Water Quality / Water Quality Section ATTENTION: Central Files 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Version 8(1)2006 NPDES Permit Standard. Conditions Page 9 of 16 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 is consistent with the accepted capability of that type of device. Devices selected shall be capable of measuring flows with a maximum deviation of less than 10% from the true discharge rates throughout the range of expected discharge volumes. Flow measurement devices shall be accurately calibrated at a minimum of once per year and maintained to ensure that the accuracy of the measurements is consistent with the accepted capability of that type of device. The Director shall approve the flow measurement device and monitoring location prior to installation. Once -through condenser cooling water flow monitored by pump logs, or pump hour meters as specified in Part I of this permit and based on the manufacturer's pump curves shall not be subject to this requirement. 4. Test Procedures 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 40 CFR 136; or in the case of sludge use or disposal, approved under 40 CFR 136, unless otherwise specified in 40 CFR 503, unless other test procedures have been specified in this permit [40 CFR 122.41]. To meet the intent of the monitoring required by this permit, all test procedures must produce minimmn detection and reporting levels that are below the permit discharge requirements and all data generated must be reported down to the minimum detection or lower reporting level of the procedure. If no approved methods are determined capable of achieving minimum detection and reporting levels below permit discharge requirements, then the most sensitive (method with the lowest possible detection and reporting_ level) approved method must be used. 5. Penalties for Tampering The 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 [40 CFR 122.41]. 6. Records Retention Except for records of monitoring information required by this permit related to the Permittee's sewage sludge use and disposal activities, which shall be retained for a period of at least five years (or longer as required by 40 CPR 503), the Permittee shall retain records of all monitoring information, including. ➢ all calibration and maintenance records ➢ all original strip chart recordings for continuous monitoring instrumentation ➢ copies of all reports required by this permit ➢ copies of all data used to complete the application for this permit These records or copies shall be maintained for a period of at least 3 years from the date of the sample, measurement, report or application. This period may be extended by request of the Director at any time [40 CFR 122.41]. 7. Recording Results For each measurement or sample taken pursuant to the requirements of this permit, the Permittee shall record the following information [40 CFR 122.41]: a. The date, exact place, and time of sampling or measurements; b. The individual(s) who performed the sampling or measurements; c. The date(s) analyses were performed; d. The individual(s) who performed the analyses; Version 8/1/2006 NPDES Permit Standard Conditions Page 10 of 16 e. The analytical techniques or methods used; and f. The results of such analyses. 8. Inspection and Entry The Permittee: shall allow the Director, or an authorized representative (including an authorized contractor acting. as a representative of the Director), upon the presentation of credentials and other documents as may be required by law, to; a. Enter 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 P 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 [40 CFR 122.41 a. Section E Reporting Requirements 1. Change in Discharges 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 Chances The Permittee shall give notice to the Director as additions to the permitted facility [40 CFR 122.41 (1)]. soon as possible of any planned physical alterations or Notice is required only when: a. The alteration or addition to a permitted facility may meet one of the criteria for new sources at 40 CFR 122.29 (b); or b. The alteration or addition could significantly change the nature or increase the quantity of pollutants discharged. This notification applies to pollutants subject neither to effluent limitations in the permit, nor to notification requirements under 40 CFR 122.42 (a) (1). c. The alteration or addition results in a significant change in the Permittee's sludge use or disposal practices, and such alteration, addition or change may justify the application of permit conditions that are different from or absent in the existing permit, including notification of additional use or disposal sites not reported during the permit application process or not reported pursuant to an approved land application plan. 3. Anticipated Noncompliance The Permittee shall give advance notice to the Director of any planned changes to the permitted facility or other activities that might result in noncompliance with the permit [40 CFR 122.410) (2)]. 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 permit to document the change of ownership. Any such action may incorporate other requirements as may be necessary under the Clean Water Act [40 CFR 122.41 (I) (3)]. 5. Monitoring Reports Monitoring results shall be reported at the intervals specified elsewhere in this permit [40 CFR 122.41 (1) (4)]. a. Monitoring results must be reported on a Discharge Monitoring Report (DMR) (See Part H. D. 2) or forms provided by the Director for reporting results of monitoring of sludge use or disposal practices. b. If the Permittee monitors any pollutant more frequently than required by this permit, the results of such monitoring shall be included in the calculation and reporting of the data submitted on the DMR Version 81112006 -- NPDES Permit Standard Conditions Page 11 of 16 6. Twenty-four Hour Reporting a. The Permittee shall report to the Director or the appropriate Regional Office any noncompliance that potentially threatens public health or the environment. Any information shall be provided orally within 24 hours from the time the Permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the Permittee becomes aware of the circumstances. The written submission shall contain a description of the noncompliance, and its cause; the period of noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the. noncompliance [40 CFR 122.41 (1) (6)]. b. The Director may waive the written report on a case -by -case basis for reports under this section if the oral report has been received within 24 hours. c. Occurrences outside normal business hours may also be reported to the Division's Emergency Response personnel at (800) 662-7956, (800) 858-0368 or (919) 733-3300. 7. Other Noncompliance The Permittee shall report all instances of noncompliance not reported under Part H. E. 5 and 6. of this permit at the time monitoring reports are submitted. The reports shall contain the information listed in Part II. E. 6. of this permit [40 CFR 122.41 (1) (7)]. 8. Other Information Where the Permittee becomes aware that it failed to submit any relevant facts in a permit application, or submitted incorrect information in a permit application or in any report to the Director, it shall promptly submit such facts or information [40 CFR 122.41 0) (8)]. 9. Noncompliance Notification The Permittee shall report by telephone to either the central office or the appropriate regional office of the Division as soon as possible, but in no case more than 24 hours or on the next working day following the occurrence or first knowledge of the occurrence of any of the following. a. Any occurrence at the water pollution control facility which results in the discharge of significant amounts of wastes which are abnormal in quantity or characteristic, such as the dumping of the contents of a sludge digester, the known passage. of a slug of hazardous substance through the facility; or any other unusual circumstances. b. Any process unit failure, due to known or unknown reasons, that render the facility incapable of adequate wastewater treatment such as mechanical or electrical failures of pumps, aerators, compressors, etc.' c. Any failure of a pumping station, sewer line, or treatment facility resulting in a by-pass 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 within 5 days following first knowledge of the occurrence. 10. Availability of Reports Except for data determined to be confidential under_ NCGS 143-215.3 (a)(2) or Section 308 of the Federal Act, 33 USC 1318, all reports prepared in accordance with the terms shall be available for public inspection at the offices of the Division. As required by the Act, effluent data shall not be considered confidential. Knowingly making any false statement on any such report may result in the imposition of criminal penalties as provided for in NCGS 143-2151(b)(2) or in Section 309 of the Federal Act 11. 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 Version 8/12006 NPDES Permit Standard Conditions Page 12 of 16 not more than $25,000 per violation, or by imprisonment for not more than two years per violation, or by both [40 CFR 122.41]. 12. Annual Performance Reports Permittees who own or operate facilities that collect or treat municipal or domestic waste shall provide an annual report to the Permit Issuing Authority and to the users/customers served by the Permittee (NCGS 143-215.1C). The report shall summarize the performance of the collection or treatment system, as well as the extent to which the facility was compliant with applicable Federal or State laws, regulations and rules pertaining to water quality. The report shall be provided no later than sixty days after the end of the calendar or fiscal year, depending upon which annual period is used for evaluation. PART III OTHER REQUIREMENTS Section A. Construction The Permittee shall not commence construction of wastewater treatment facilities, nor add to the plant's treatment capacity, nor change the treatment processes) utilized at the treatment plant unless the Division has issued an Authorization to Construct (AtC) permit. Issuance of an AtC will not occur until Final Plans and Specifications for the proposed construction have been submitted by the Permittee and approved by the Division. Section B. Groundwater Monitoring The Permittee shall, upon written notice from the Director, conduct groundwater monitoring as may be required to determine the compliance of this NPDES permitted facility with the current groundwater standards. Section C. Changes in Discharges of Toxic Substances The Permittee shall notify the Permit Issuing Authority as soon as it knows or has reason to believe (40 CFR 122.42): a. That any activity has occurred or will occur which would result in the discharge, on a routine or frequent basis, of any toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels"; (1) One hundred micrograms per liter (100 µg/L); (2) Two hundred micrograms per liter (200 µg/L) for acrolein and acrylonitrile; five hundred micrograms per liter (500 µg/L) for 2.4-dinitrophenol,and for 2-methyl-4.6-dinitrophenol; and one milligram per liter (1 mg/L) for antimony; (3) Five times the maximum concentration value reported for that pollutant in the permit application. b. That any activity has occurred or will occur which would result in any discharge, on a non -routine or infrequent basis, of a toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels"; 0) Five hundred micrograms per liter (500 µg/L); (2) One milligram per liter 0 mg/L) for antimony; (3) Ten times the maximum concentration value reported for that pollutant in the permit application. Section D. Evaluation of Wastewater Discharge Alternatives The Permittee shall evaluate all wastewater disposal alternatives and pursue the most environmentally sound alternative of the reasonably cost effective alternatives. If the facility is in substantial non-compliance with the terms and conditions of the NPDES permit or governing rules, regulations or laws, the Permittee shall submit a report is such form and detail as required by the Division evaluating these alternatives and a plan of action within 60 days of notification by the Division. Section E. Facility Closure Requirements The Permittee must notify the Division at least 90 days prior to the closure of any wastewater treatment system covered by this permit The Division may require specific measures during deactivation of the system to prevent Version 8(112006 NPDES Permit Standard Conditions Page 13 of 16 adverse impacts to waters of the State. This permit cannot be rescinded while any activities requiring this permit continue at the permitted facility. PART IV SPECIAL CONDITIONS FOR MUNICIPAL FACILITIES Section A. Publicly Owned Treatment Works (POTWs� All POTWs must provide adequate notice to the Director of the following L. Any new introduction of pollutants into the POTW from an indirect discharger which would be subject to section 301 or 306 of CWA if it were directly discharging those pollutants; and 2. Any substantial change in the volume or character of pollutants being introduced by an indirect discharger as influent to that POTW at the time of issuance of the permit 3. For purposes of this paragraph, adequate notice shall include information on (1) the quality and quantity of effluent introduced into the POTW, and (2) any anticipated impact of the change on the quantity or quality of effluent to be discharged from the POTW. Section B. Municipal Control of Pollutants from Industrial Users. Effluent limitations are listed in Part I of this permit Other pollutants attributable to inputs from industries using the municipal system may be present in the Permittee's discharge. At such time as sufficient information becomes available to establish limitations for such pollutants, this permit may be revised to specify effluent limitations for any or all of such other pollutants in accordance with best practicable technology or water quality standards. 2. Under no circumstances shall the Permittee allow introduction of the following wastes in the waste treatment system: a. Pollutants which create a fire or explosion hazard in the POTW, including, but not limited to, wastestreams with a closed cup flashpoint of less than 140 degrees Fahrenheit or 60 degrees Centigrade using the test methods specified in 40 CPR 261.21; b. Pollutants which will cause corrosive structural damage to the POTW, but in no case Discharges with pH lower than 5.0, unless the works is specifically designed to accommodate such Discharges;' C. Solid or viscous pollutants in amounts which will cause obstruction to the flow in the POTW resulting in Interference; d. Any pollutant, including oxygen demanding pollutants (BOD, etc.) released in a Discharge at a flow rate and/or pollutant concentration which will cause Interference with the POTW; e. Heat in amounts which will inhibit biological activity in the POTW resulting in Interference, but in no case heat in such quantities that the temperature at the POTW Treatment Plant exceeds 400C (104°F) unless the Division, upon request of the POTW, approves alternate temperature limits; f. Petroleum oil, nonbiodegradable cutting oil, or products of mineral oil origin in amounts that will cause interference or pass through; g. Pollutants which result in the presence of toxic gases, vapors, .or fumes within the POTW in a quantity that may cause acute worker health and safety problems; h. Any trucked or hauled pollutants, except at discharge points designated by the POTW. 3. With regard to the effluent requirements listed in Part I of this permit, it may be necessary for the Permittee to supplement the requirements of the Federal Pretreatment Standards (40 CFR, Part 403) to ensure compliance by the Permittee with all applicable effluent limitations. Such actions by the Permittee may be necessary regarding some or all of the industries discharging to the municipal system. 4. The Permittee shall require any industrial discharges sending influent to the permitted system to meet Federal Pretreatment Standards promulgated in response to Section 307(b) of the Act Prior to accepting wastewater from any significant industrial user, the Permittee shall either develop and submit to the Version 8/1/2006 NPDES Permit Standard Conditions Page 14 of 16 Division a Pretreatment Program for approval per 15A NCAC 2H .0907(a) or modify an existing Pretreatment Program per 15A NCAC 2H .0907(b). 5. This permit shall be modified, or alternatively, revoked and reissued, to incorporate or modify an approved POTW Pretreatment Program or to include a compliance schedule for the development of a POTW Pretreatment Program as required under Section 402(b)(8) of the Clean Water Act and implementing regulations or by the requirements of the approved State pretreatment program, as appropriate. Section C. Pretreatment Programs Under authority of sections 307(b) and (c) and 402(b)(8) of the Clean Water Act and implementing regulations 40 CFR Part 403, North Carolina General Statute 143-215.3 (14) and implementing regulations 15A NCAC 2H .0900, and in accordance with the approved pretreatment program, all provisions and regulations contained and referenced in the Pretreatment Program Submittal are an enforceable part of this permit. The Permittee shall operate its approved pretreatment program in accordance with Section 402(b)(8) of the Clean Water Act, the Federal Pretreatment Regulations 40 CFR Part 403, the State Pretreatment Regulations 15A NCAC 2H .0900, and the legal authorities, policies, procedures, and financial provisions contained in its pretreatment program submission and Division approved modifications there of. Such operation shall include but is not limited to the implementation of the following conditions and requirements: 1. Sewer Use Ordinance (SUO). The Permittee shall maintain adequate legal authority to implement its approved pretreatment program. 2. Industrial Waste Survey WSl The Permittee shall update its Industrial Waste Survey (IWS) to include all users of the sewer collection system at least once every five years. 3. Monitoring Plan The Permittee shall implement a Division -approved Monitoring Plan for the collection of facility specific data to be used in a wastewater treatment plant Headworks Analysis (HWA) for the development of specific pretreatment local limits. Effluent data from the Plan shall be reported on the DMRs (as required by Part II, Section D, and Section E.S). 4. Headworks Analysis affA) and Local Limits The Permittee shall obtain Division approval of a Headworks Analysis (HWA) at least once every five years, and as required by the Division. Within 180 days of the effective date of this permit (or any subsequent permit modification) the Permittee shall submit to the Division a written technical evaluation of the need to revise local limits (i.e., an updated HWA or documentation of why one is not needed) W CFR 122.44]. The Permittee shall develop, in accordance with 40 CFR 403.5(c) and 15A NCAC 2H .0909, specific Local Limits to implement the prohibitions listed in 40 CFR 403.5(a) and (b) and 15A NCAC 211 .0909. 5. Industrial User Pretreatment Permits (IUP) & Allocation Tables In accordance with NCGS 143-215.1, the Permittee shall issue to all significant industrial users, permits for operation of pretreatment equipment and discharge to the Permittee's treatment works. These permits shall contain limitations, sampling protocols, reporting requirements, appropriate standard and special conditions, and compliance schedules as necessary for the installation of treatment and control technologies, to assure that their wastewater discharge will meet all applicable pretreatment standards and requirements. The Permittee shall maintain a current Allocation Table (AT) which summarizes the results of the Headworks Analysis (HWA) and the limits from all Industrial User Pretreatment Permits MR). Permitted IUP loadings for each parameter cannot exceed the treatment capacity of the POTW as determined by the HWA. Version 8/12006 NPDES Permit Standard Conditions Page 15 of 16 6. Authorization to Construct (AQ The Permittee shall ensure that an Authorization . to Construct permit (AtC) is issued to all applicable industrial users for the construction or modification of any pretreatment facility. Prior to. the issuance of an AtC, the proposed pretreatment facility and treatment process must be evaluated for its capacity to comply with all Industrial User Pretreatment Permit (IUP) limitations. 7. POTW Inspection & Monitoring of their SIUs The Permittee shall conduct inspection, surveillance, and monitoring activities as described in its Division approved pretreatment program in order to determine, independent of information supplied by industrial users, compliance with applicable pretreatment standards. The Permittee must: a. Inspect all Significant Industrial Users (SIUs) at least once per calendar year, and b. Sample all Significant Industrial Users (SIUs) at least twice per calendar year for all permit - limited pollutants, once during the period from January 1 through June 30 and once during the period from July 1 through December 31, except for organic compounds which shall be sampled once per calendar year, 8. SIU Self Monitoring_and Reporting The Permittee shall require all industrial users to comply with the applicable monitoring and reporting requirements outlined in the Division -approved pretreatment program, the industry's pretreatment permit, or in 15A NCAC 211.0908. 9. Enforcement Response Plan (ERP) The Permittee shall enforce and obtain appropriate remedies for violations of all ,pretreatment standards promulgated pursuant to section 307(b) and (c) of the Clean Water Act (40 CFR 405 et. seq.), prohibitive discharge standards as set forth in 40 CFR 403.5 and 15A NCAC 2H .0909, and specific local limitations. All enforcement actions shall be consistent with the Enforcement. Response Plan (ERP) approved by the Division. 10. Pretreatment Annual Reports (PAR), The Permittee shall report to the Division in accordance with 15A NCAC 2H .0908. In lieu of submitting annual reports, Modified Pretreatment.. Programs developed under 15A NCAC 2H .0904 (b) may be required to meet with Division personnel periodically to discuss enforcement of pretreatment requirements and other pretreatment implementation issues. For all other active pretreatment programs, the Permittee shall submit two copies of a Pretreatment Annual Report (PAR) describing its pretreatment activities over the previous twelve months to the Division at the following address: NC DENR / DWQ / Pretreatment Unit 1617 Mail Service Center Raleigh, NC 27699-1617 These reports shall be submitted according to a schedule established by the Director and shall contain the following. a) Narrative A brief discussion of reasons for, status of, and actions taken for all Significant Industrial Users (SIUs) in Significant Non -Compliance (SNC); b) Pretreatment Program Summary (PPZ A pretreatment program summary (PPS) on specific forms approved by the Division, c) Significant Non -Compliance Report (SNCRI The nature of the violations and the actions taken or proposed to correct the violations on specific forms approved by the Division; d) Industrial Data Summary Forms (IDSl Version 8)12006 NPDES Permit Standard Conditions Page 16 of 16 Monitoring data from samples collected by both the POTW and the Significant Industrial User (SIU). These analytical results must be reported on Industrial Data Summary Forms (IDSF) or other specific format approved by the Division; e.) Other Information Copies of the POTWs allocation table, new or modified enforcement compliance schedules, public notice of SIUs in SNC, and any other information, upon request, which in the opinion of the Director is needed to determine compliance with the pretreatment implementation requirements of this permit; 11. Public Notice The Permittee shall publish annually a list of Significant Industrial Users (SIUs) that were in Significant Non -Compliance (SNC) as defined in the Pennittee's Division -approved Sewer Use Ordinance with applicable pretreatment requirements and standards during the previous twelve month period. This list shall be published within four months of the applicable twelve-month period 12. Record Keeping The Permittee shall retain for a rninitnum of three years records of monitoring activities and results, along with support information including general records, water quality records, and records of industrial impact on the POTW. 13. Funding and Financial Report The Permittee shall maintain adequate funding and staffing levels to accomplish. the objectives of its approved pretreatment program. 14. Modification to Pretreatment Programs Modifications to the approved pretreatment program including but not limited to local limits modifications, POTW monitoring of their Significant Industrial Users. (SIUs), and Monitoring Plan modifications, shall be considered a permit modification and shall be governed by 15 NCAC 2H .0114 and 15A NCAC 2H .0907. Version 811/2006 Michael F. Easley Governor William G. Ross, Jr., Secretary North Carolina Department of Environment and Natural Resources March 14, 2003 Mayor Mitch Rhinehart Town of Andrews P.O. Box 1210 Andrews, North Carolina 28901 Alan W. Klimek, P.E., Director Division of Water Quality i (? i 1 r 2�03 Subject: Issuance of NPDES Permit NCO069892 Andrews WTP Cherokee County Dear Mayor Rhinehart: NR�s Division personnel have reviewed and approved your application for renewal of the subject permit. Accordingly, we are forwarding the attached NPDES discharge permit. This permit is issued pursuant to the requirements of North Carolina General Statute 143-215.1 and the Memorandum of Agreement between North Carolina and the U.S. Environmental Protection Agency dated May 9, 1994 (or as subsequently amended). This final permit includes no major changes from the draft permit sent to you on January 22, 2003. The Division is currently in the process of implementing a Water Quality Standard for Total Residual Chlorine (TRC) and expects to introduce permit limits statewide in April 2003. Although TRC is not currently limited in this permit, the Division recommends that you prepare a budget and schedule construction of facility upgrades to restrict the discharge of TRC (or explore alternative methods of disinfection). Future renewals of this permit will include a TRC limit of between 17 µg/L and 28 lag/L. If any parts, measurement frequencies or sampling requirements contained in this permit are unacceptable to you, you have the right to an adjudicatory hearing upon written request within thirty (30) days following receipt of this letter. This request must be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings (6714 Mail Service Center, Raleigh, North Carolina 27699-6714). Unless such demand is made, this decision shall be final and binding. Please note that this permit is not transferable except after notice to the Division. The Division may require modification or revocation and reissuance of the permit. This permit does not affect the legal requirements to obtain other permits which may be required by the Division of Water Quality or permits required by the Division of Land Resources, the 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 Charles Weaver at telephone number (919) 733-5083, extension 511. Sincerely, ORIGINAL SIGNED BY SUSAN A. WILSO Alan W. Klimek, P.E. cc: Central Files Asheville Regional`Office/Water Quality Section NPDES Unix N. C. Division of Water Quality / NPDES Unit Phone: (919) 733-5083, extension 511 1617 Mail Service Center, Raleigh, NC 27699-1617 Fax: (919) 733-0719 Internet: h2o.enr.state.nc.us e-mail: charlesmeaver@ncmail.net Permit NCO069892 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY PF.RMTT 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, the Town of Andrews is hereby authorized to discharge wastewater from a facility located at the Andrews WTP NCSR 1385 north of Andrews Cherokee County to receiving waters designated as an unnamed tributary to Dan Holland Creek in the Hiwassee River Basin in accordance with effluent limitations, monitoring requirements, and other conditions set forth in Parts I, II, III and IV hereof. This permit shall become effective April 1, 2003. This permit and authorization to discharge shall expire at midnight on August 31, 2007. Signed this day March 14, 2003. ORIGINAL SIGNED SV SUSAN A. WILSON Alan W. Klimek, P.E., Director Division of Water Quality By Authority of the Environmental Management Commission Permit NC0069892 SUPPLEMENT TO PERMIT COVER SHEET The Town of Andrews is hereby authorized to: 1. Continue to operate a drinking -water treatment plant with a discharge of filter - backwash wastewater. This facility is located at the Andrews WTP off NCSR 1385 north of Andrews in Cherokee County. 2. Discharge from said treatment works at the location specified on the attached map into an unnamed tributary to Dan Holland Creek, classified C-Trout waters in the Hiwassee River Basin. Permit NCO069892 A. (1.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS During the period beginning on the effective date of this permit and lasting until expiration, the Permittee is authorized to discharge filter backwash from outfall 001. Such discharges shall be limited and monitored by the Permittee as specified below: EFFLUENT.. CHARACTERISTICS .. ` ;' LIMITS MONITORING REQUIREMENTS - Monthly ~;.Average Daily; - .Maximum Measurement : Frequency . Sample Type Sample Locations Flow Quarterly Estimate Effluent Total Suspended Solids 30.0 mg/L 45.0 mg/L Quarterly Grab Effluent Settleable Solids 0.1 mVL 0.2 mVL Quarterly Grab . Effluent Turbidity2 Quarterly Grab Upstream & Downstream Iron Quarterly Grab Effluent otal Residual Chlorine Quarterly Grab Effluent Aluminum Quarterly Grab Effluent 1. Footnotes: 1. Upstream = at least 50 feet upstream from the outfall. Downstream = at least-50 feet downstream from the outfall. 2. The discharge from this facility shall not cause turbidity in the receiving stream to exceed 10 NTU. If the instream turbidity exceeds 10 NTU due to natural background conditions, the discharge cannot cause turbidity to increase in the receiving stream. All samples collected should be from a representative discharge event. There shall be no discharge of floating solids or visible foam in other than trace amounts. Quad: Andrews, N.C. Facility Stream Class: C-Trout NCO069892 Location Subbasin:40502 Latitude: 35'12'38" Town of Andrews WTP Longitude: 83" 50'12" North NOT TO SCALE Receiving Stream: UT Dan Holland Creek NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Governor Director March 30, 2009 Mr. Bill Green Town of Andrews P. O. Box 1210 Andrews, North Carolina 28901 C E Dee Freeman Secretary nD APR - 3 2009 WATER QUALITY SECTION �HFVILLE REGIONAL OFFIC SUBJECT: Town of Andrews A to C No. 069892A02 Transmittal of Approved Plans and Specifications Dear Mr. Green: Enclosed is a copy of the plans and specifications, which were approved on March 24, 2009. The subject documents have been stamped "approved" for your records. A copy is also being forwarded to your engineer and to the Asheville Regional Office. The Permittee should retain these documents for the life of the facility. Should you have questions regarding this matter; call me at (919) 715-6206. Sincerely, j Seth Robertson, P.E., Supervisor Design Management Unit MM: sr Enclosures cc: Michael T. Dowd, P.E., McGill Associates, P.A., P.O. Box 2259, Asheville, NC 28802 P, ;: hv�i ;c e:t.r1a tJltl":t Daniel Blaisdell, P.E. Michelle McKay, E.I. ATC File 1633 Mail Service Center, Raleigh, North Carolina 27699-1633 �TOne Location: 2728 Capital Blvd. Raleigh, -North Carolina 27604 1d Ol t1, Carolina Phone: 919-733-69001 FAX: 919-715-62291 Customer Service: 1-877-623-6748 Internet: www.ncwaterquality.org An Equal Opportunity 1 Affirmative Action Employer J BID DOCUMENTS ALUM SLUDGE LAGOON REPLACEMENT TOWN OF ANDREWS CHEROKEE COUNTY, NORTH CAROLINA Michael T. Dowd, P.E. McGill A S S O C I A T -ES Engineering • Planning • Finance Post Office Box 2259 Asheville, North Carolina 28802 w March 2009 08.00368 NC®ENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue - Governor . Mr. Bill Green Town of Andrews P. O. Box 1210 Andrews, North Carolina 28901 SUBJECT: Dear Mr. Green: Coleen H. Sullins Director March 24, 2009 Authorization to Construct A to C No. 069892A02 Town of Andrews Town of Andrews WTP Cherokee County Dee Freeman Secretary I APR - 1 2009 WATER QUALITY �ECrIJN iiiEVILLE RF_GIONAL CFFICE A letter of request for an Authorization to Construct was received March 11, 2009, by the Division of Water Quality (Division), and final plans and specifications for the subject project have been reviewed and found to be satisfactory. Authorization is hereby granted for the construction of modifications to the existing Town of Andrews WTP, with discharge of washwater effluent into Dan Holland Creek in the Hiwassee River Basin. This authorization results in no increase in design or permitted capacity and is awarded for the construction of the following specific modifications: Installation of a new 7,500 gallon backwash water pump station with dual 1,400 gpm 40 Hp pumps, conversion of two existing 206,000 gallon clarifier tanks to be used as sludge thickeners with dual 100 gpm 1 Hp decant pumps in each, and a. new 4-inch effluent discharge line, in conformity with the project plans, specifications, and other supporting data subsequently filed and approved by the Department of Environment and Natural Resources. This Authorization to Construct is issued in accordance with Part III, Paragraph A of NPDES Permit -No. NCO069892 issued September 27, 2007, and shall be subject to revocation . unless the wastewater treatment facilities are constructed in accordance with the conditions and limitations specified in Permit No. NC0069892. The sludge generated from these treatment facilities must be disposed of in accordance with G.S. 143-215.1 and in a manner approved by the Division. 1617 Mail Service Center, Raleigh, North Carolina 21699-1617 one t, t1Ila Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 NOCaTO1 Phone: 919-807-63001 FAX: 919-807-64921 Customer Service:1-877-623-6748 Irt11 Uitemet: www.ncwaterquality.org An Equal Opportunity 1 Affirmative Action Employer v ;/ Mr. Bill Green March 24, 2009 Page 2 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 the Division, such as the construction of additional or replacement wastewater treatment or disposal facilities. The Asheville Regional Office, telephone number (828) 296-4500, shall be notified at least forty-eight (48) hours in advance of operation of the installed facilities so that an on site inspection can be made. Such notification to the regional supervisor shall be made during the normal office hours from 8:00 a.m. until 5:00 p.m. on Monday through Friday, excluding State Holidays. Upon completion of construction and prior to operation of this permitted facility, a certification must be received from a professional engineer certifying that the permitted facility has been installed in accordance with the NPI)ES Permit, this Authorization to Construct and the approved plans and specifications. Mail the Certification to: Construction Grants & Loans, DWQ/DENR, 1633 Mail Service Center, Raleigh, NC 27699-1633. Upon classification of the facility by the Certification Commission, the Permittee shall employ a certified wastewater treatment plant operator to be in responsible charge (ORC) of the wastewater treatment facilities. The operator must hold a certificate of the type and grade at least 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 grade to comply with the conditions of T15A:8G.0202. The ORC of the facility must visit each Class I facility at least weekly and each,Class II, lI1 and IV facility at least daily, excluding weekends and holidays, must properly manage the facility, must document daily operation and maintenance of the facility, and must comply with all other conditions of TI5A:8G.0202. A copy of the approved plans and specifications shall be maintained on file by the Permittee for the life of the facility. -During the construction of the proposed additions/modifications, the permittee shall continue to properly maintain and operate the existing wastewater treatment facilities at all times, and in such.a manner, as necessary to comply with the effluent limits specified in the NPDES Permit. You are reminded that it is mandatory for the project to be constructed in accordance with the North Carolina Sedimentation Pollution Control Act, and when applicable, the North Carolina Dam Safety Act. In addition, the specifications must clearly state what the contractor's responsibilities shall be in complying with these Acts. Mr. Bill Green March 24, 2009 Page 3 Prior to entering into any contract(s) for construction, the recipient must have obtained all applicable permits from the State. Failure to abide by the requirements contained in this Authorization to Construct may subject the Permittee.to an enforcement action by the Division in accordance with North Carolina General Statute 143-215.6A to 143-215.6C. The issuance of this Authorization to Construct does not preclude the Permittee from complying with any and all statutes, rules, regulations, or ordinances.which may be imposed by other government agencies (local, state, and federal) which have jurisdiction. One (1) set of approved plans and specifications is being forwarded to you. If you have any questions or need additional information, please contact Seth Robertson, P.E. at telephone . number (919) 715-6206. Sincerely, Coleen H. Sullins MM:sr cc: Michael T. Dowd, P.E., McGill Associates, P.A., P.O. Box 2259, Asheville, NC 28802 Cherokee County Health Department Technical Assistance and Certification Unit Point Source Branch, NPDES Program Daniel Blaisdell, P.E. Michelle McKay, E.I. ATC File No. 069892A02 Town of Andrews WTP A To C No. 069892A02 Issued March 24, 2009 Engineer's Certification I, as a duly registered Professional Engineer in the State of North Carolina, having been authorized to observe (periodically/weekly/full time) the construction of the modifications and improvements to the Town 'of Andrews WTP, located on Dan Holland Road in Cherokee County for the Town of Andrews, hereby state that, to the best of my abilities, due care and diligence was used in the observation of the following construction: Installation of a new 7,500 gallon backwash water pump station with dual 1,400 gpm 40 Hp pumps, conversion of two existing 206,000 gallon clarifier tanks to be used as sludge thickeners with dual 100 gpm 1 Hp decant pumps in each, and a new 4-inch effluent discharge line, in conformity with the project plans, specifications, and other supporting data subsequently filed and approved by the Department of Environment and Natural Resources. I certify that the construction of the above referenced project was observed to be built within substantial compliance and intent of the approved plans and specifications. Signature Date Registration No._ Send to: Construction Grants & Loans i DENR/DWQ 1633 Mail Service Center Raleigh, NC 27699-1633 NCDEIN North Carolina Department of Environment and Natu Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Governor Director March 11, 2009 Mr. Bill Green Town of Andrews P. O. Box 1210 Andrews, North Carolina 28901 SUBJECT: Authorization to Construct A to C No. 069892AO1. Town of Andrews Town of Andrews WTP Dechlorination Facilities Cherokee County Dear Mr. Green: -A V E MAR 6A i narll WATER QUALITY SECTION SHEVILLE REGIONAL OFFICE A fast track application for Authorization to Construct dechlorination facilities was, received on March 2, 2009, by the Division of Water Quality (Division). Authorization is hereby granted for the construction of modifications to the existing Town of Andrews WTP, with discharge of washwater effluent into Dan Holland Creek in the Hiwassee River Basin. This authorization results in no increase in design or permitted capacity and is awarded for the construction of the following specific modifications: Installation of a dechlorination system utilizing calcium thiosulfate pursuant to the fast track application received on March 2, 2009, and in conformity with the Minimum Design Criteria for Dechlorination. Facilities. This Authorization to Construct is issued in accordance with Part III, Paragraph A of NPDES Permit No. NCO069892 issued September 27, 2007, and shall be subject to revocation unless the wastewater treatment facilities are constructed in accordance with the conditions and limitations specified in Permit No. NC0069892. 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. 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 One -- Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 NOI C�1CarOhna Phone: 919-807-63001 FAX: 919-807-64921 Customer Service: 1-877-623-6748 Internet: www.ncwaterquality.org An Equal Opportunity \ Affirmative Action Employer Naturally Mr. Bill Green March 11, 2009 Page 2 The Asheville Regional Office, telephone number (828) 296-4500 shall be notified at least forty-eight (48) hours in advance of operation of the installed facilities so that an on site inspection can be made. Such notification to the regional supervisor shall be made during the normal office hours from 8:00 a.m. until 5:00 p.m. on Monday through Friday, excluding State Holidays. Upon completion of construction and prior to operation of these permitted facilities, the attached Engineer's Certification form must be received from a professional engineer certifying that the permitted facility has been installed in accordance with the NPDES Permit and this Authorization to Construct. Mail the Certification to: Construction Grants & Loans, DWQ/DENR, 1633 Mail Service Center, Raleigh, NC 27699-1633. Upon classification of the facility by the Certification Commission, the Permittee shall employ a certified wastewater treatment plant operator to be in responsible charge (ORC) of the wastewater treatment facilities. The operator must hold a certificate of the type and grade at least 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 grade to comply with the conditions of T15A:8G.0202. The ORC of the facility must visit each Class I facility at least weekly and each Class II, III and IV facility at least daily, excluding weekends and holidays, must properly manage the facility, must document daily operation and maintenance of the facility, and must comply with all other conditions 'of T15A:8G.0202'. A copy of the approved plans and specifications shall be maintained on file by the Permittee for the. life of the facility. During the construction of the proposed additions/modifications, the permittee shall continue to properly maintain and operate the existing wastewater treatment facilities at all times, and in such a manner, as necessary to comply with the effluent limits specified in the NPDES Permit. You are reminded that it is mandatory forthe project to be constructed in accordance with the North Carolina Sedimentation Pollution Control Act, and, when ap lip cable, the North Carolina Dam Safety Act. In addition, the specifications must clearly state what the contractor's responsibilities shall be in complying with these Acts. Prior to entering into any contract(s) for construction, the recipient must have obtained all applicable permits from the State. Failure to abide by the requirements contained in this Authorization to Construct may subject the Permittee to an enforcement action by the Division in accordance with North Carolina General Statute 143-215.6A to 143-215.6C. Mr. Bill Green March 11, 2009 Page 3 The issuance of this Authorization to Construct does not preclude the Permittee from complying with any and all statutes, rules, regulations, or ordinances which may be imposed by other government agencies (local, state, and federal) which have jurisdiction. If you have any questions or need additional information, please do not hesitate to contact Seth Robertson, P.E. at telephone number (919) 715-6206. Sincerely, Coleen H. Sullins swc/sr cc: Michael T. Dowd, P.E., McGill Associates, P.A., P.O. Box 2259, Asheville, NC 28802 Cherokee County Health Department Ashe ille Regional ffite,: Surface -.Water rotect�a Technical Assistance and Certiii Lion Unit Point Source Branch, NPDES Program Daniel Blaisdell, P.E. Steve Coffey, P.E. ATC File No. 069892A01 Or - Town of Andrews WTP A To C No., 069892A01 Issued March 11, 2009 Engineer's Certification as a duly registered Professional Engineer in the. State of North Carolina, having been authorized to observe (periodically/weekly/full time) the construction of the modifications and improvements to the Town of Andrews WTP, located on Dan Holland Road in Cherokee County for the Town of Andrews, hereby state that, to the best of my abilities, due care and diligence was used in the observation of the following construction: Installation of a dechlorination system utilizing calcium thiosulfate pursuant to the fast track application received on March 2, 2009, and in conformity with the Minimum Design Criteria for Dechlorination Facilities. I certify that the construction of the above referenced project was observed to be built within substantial compliance and intent of the approved plans and specifications. Signature Date Registration No. Send to: Construction Grants & Loans DENR/DWQ 1633 Mail Service Center Raleigh, NC 27699-1633 TOWN OF ANDREWS 1101 MAIN STREET PO BOX 1210 ANDREWS, NC 28901 PHONE 828-321-3113 FAX 828-321-4159 MAYOR John R. Brown Alderman James Reid Administrator Bill Green Teresa Taylor — Town Clerk Mr. Charles Weaver NCDENR/DWQ/Point Service Branch 1617 Mail Service Center Raleigh, NC 27699-1617 RE: NCO069892 NPDES Dear Mr. Weaver Alderman Alvin Adams Alderman James Bristol Alderman Steve Jordan April 18, 2007 APR 2001 APR 2 5 2007 I f t. �t WATER QUALITY SECTION Yt I" ASHEVILLE REGIONAL OFFICE_ Attached is the request for renewal of Andrews Water Plant lagoon Permit # NC0069892. One special notes is that any sludges or solids removed from the lagoon will hauled to the Town of Andrews WWTP for digestion and dewatering with ultimate disposal in the Cherokee County Landfill. Should you have any questions concerning this renewal, you may contact either myself or Mike Ladd who is the ORC of the lagoon and WWTP. Sincerely e Bill Green North Carolina Department of Environment and Natural Resources Water Pollution Control System Operator Certification Commission Michael F. Easley, Governor William G. Ross Jr., Secretary Coleen H. Sullins, Chairman CERTIFIED MAIL RETURN RECEIPT REQUESTED Andrews, Town WTP' PO Box 1210 Andrews, NC 28901 Dear : NCDENR August 17, 2001 System: Andrews, Town WTP Wastewater Treatment System Classification: Grade 1 Physical Chemical System Subject: Designation of ORC and Backup ORC for Physical / Chemical Permit:. NCO069892 The Water Pollution Control System Operators Certification Commission adopted Rule 15A NCAC 8G .0306, Classification of Physical / Chemical Systems, effective April 1, 1999. - In order to insure the proper operation and maintenance of these systems, this Rule requires that all systems permitted for a physical / chemical process to treat wastewater be classified as physical / chemical systems. If the subject physical / chemical system consists of systems designed for (1), the remediation of contaminated groundwater, or (2) that utilizes a primarily physical process to treat wastewaters, (with the exception of reverse osmosis, electrodialysis, and utrafiltration systems), then that system shall be classified as a Grade I Physical / Chemical Water Pollution Control System. 'Rule 15A NCAC 8G .0306(a) If the subject physical / chemical system consists of systems that utilizes a primarily chemical process to treat wastewaters (including those systems whose treatment processes are augmented physical processes), they shall be classified as a Grade Il Physical / Chemical Water Pollution Control System. Reverse osmosis, electrodialysis, and utrafiltration systems shall also be classified as Grade 11 Physical / Chemical Water Pollution Control System. Rule 15A NCAC 8G .0306(b) If the water pollution control system that has, as part of its treatment process, biological water pollution control system that may be classified under Rule .0302, then that system shall be subject to additional classification as a biological water pollution control system. Rule 15A NCAC 8G .0306(c) Any water pollution control system subject to classification under Rule .0302 of this Section, utilizing a physical / chemical process to enhance an activated sludge or fixed growth process, shall not be subject to additional classification. Rule 15.A NCAC 8G .0306(d) The Water Pollution Control System Operators Certification Commission hereby classifies your system as a Grade 1 Physical Chemical System. This classification is based on 1618-Mail Service Center, Raleigh, North Carolina 27699-1618 Phone: 919 — 733-0026 \ FAX: 919 — 733-1338 AN EQUAL OPPORT(1NITY % AFFIRMATIVE ACTION EMPLOYER — 50%a RECYCLED / 10% POST CONSUMER PAPER information submitted in your application for a NPDES permit and/or based on the information you provided in the physical chemical classification survey that you completed during the months of April -May 2001. As required by Rule 15A NCAC 8G .0202(2) and the subject permit, a certified Operator in Responsible Charge (ORC) and back-up operator of the appropriate type must be designated for each classified system. _ Your system requires an ORC and back-up operator who hold valid physical /. chemical operator certificates. Please complete and return the enclosed designation form to this office by December 31, 2003. Failure to designate a properly certified ORC and back-up operator is a violation of the permit issued for this system. In accordance with Rule 15A NCAC 8G .0406(b), individuals presently working at physical / chemical water pollution control systems holding a valid Grade I, II, III, or IV wastewater treatment plant operator certification, may apply for a conditional operators physical / chemical certificate without examination. He or she may do so if, he or she has one year experience and has successfully completed a training school sponsored or co -sponsored by the Commission for Grade I or Grade 2 Physical / Chemical Water Pollution Control System Operators. This conditional certification allows the bearer to act as the ORC or Backup ORC of that System only. This conditional certification must be renewed annually per section .0700 of the rules. The Rules for this certification as well as others is found on the DWQ/Technical Assistance and Certification Unit web page (http://h20.enr.state.nc.us/tacu/). Plans are now being made to conduct the first physical chemical school in January 15-18, 2002 at the McKimmon Center in Raleigh.. This school is co -sponsored by AWWA/WEA and the NC Water Pollution Control System Operators Certification Commission. As soon as arrangements for the school are finalized you will receive more information. If we can be of assistance or you have any questions concerning this requirement, please call James Pugh at 91.9-733-0026. ext. 341 or e-mail: Jaines.Pugh@ncmail.net. Sincerely, Tony Arnold, Supervisor Technical Assistance and Certification Unit Enclosures cc: WSRO Central Files TAC Facility Files NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor May 16, 2014 Mr. William Green, Town Manager Town of Andrews P. O. Box 1210 Andrews, NC 28901-1210 Subject: Issuance of NPDES Permit NCO069892 Town of Andrews WTP Cherokee County Dear Mr. Green: John E. Skvarla, III Secretary Cw'ielior! r Wc!F "r ilea ;u;6u•9 JUN 2 3 2014 i?"' Ter 01Jo'j�; Division personnel have reviewed and approved your application for renewal of the subject permit. Accordingly, we are forwarding the attached NPDES discharge permit. This permit is issued pursuant to the requirements of North Carolina General Statute 143-215.1 and the Memorandum of Agreement between North Carolina and the U.S. Environmental Protection Agency dated October 15, 2007 (or as subsequently amended). This final permit contains no significant changes to its terms from those found in the draft permit sent to you on March 26, 2014. However, you are reminded of the new condition requiring electronic reporting of discharge monitoring report (DMR) data using the Division,-s 5 internet application. This new requirements +11ube e efctleon"`i"r`�11112(10515 v ", If any parts, measurement frequencies or sampling requirements contained in this permit are unacceptable to you, you have the right to an adjudicatory hearing upon written request within thirty (30) days following receipt of this letter. This request must be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of - Administrative Hearings (6714 Mail Service Center, Raleigh, North Carolina 27699-6714). Unless such demand is made, this decision shall be final and binding. Please note that this permit is not transferable except after notice to the Division. The Division may require modification or revocation and reissuance of the permit. This permit does not affect the legal requirements to obtain other permits which may be required by the Division of Water Resources or permits required by the Division of Land Resources, the Coastal Area Management Act or any other Federal or Local governmental permit that may be required. 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Phone: 919-807-6300 \Internet: www.ncwaterquality.org An Equal Opportunity \Affirmative Action Employer— Made in part by recycled paper Mr. William Green NCO069842 Permit Renewal 2014 p. 2 If you have any questions concerning this permit, please contact Bob Sledge at telephone number (919) 807-6398, or via e-mail at bob.sledge@ncdenr.gov. S * Y, b r Thomas A. Reeder, Directo Division of Water Resources cc: Central Files Ash i�l�le Regiona�l,�®fficelWate Quality NPDES File ec: Aquatic Toxicology Unit L Permit NCO069892 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER RESOURCES PERMIT TO DISCHARGE WASTEWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provisions of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, the Town of Andrews is hereby authorized to discharge wastewater from a facility located at the Town of Andrews WTP End of Dan Holland Road North of Andrews Cherokee County to receiving waters designated as an unnamed tributary to Dan Holland Creek in the Hiwassee River Basin in accordance with effluent limitations, monitoring requirements, and other conditions set forth in Parts I, H, III,and IV hereof. This permit shall become effective July L 2014 This permit and authorization to discharge shall expire at midnight on August 31, 2017. Signed this day May 16, 2014. Tl dXias A. Reeder, Director vision of Water Resources By Authority of the Environmental Management Commission Page 1 of 7 Permit NC0069892 SUPPLEMENT TO PERMIT COVER SKEET All previous NPDES Permits issued to this facility, whether for operation or discharge are hereby revoked. As of this permit issuance, any previously issued permit bearing this number is no longer effective. Therefore, the exclusive authority to operate and discharge from this facility arises under the permit conditions, requirements, terms, and provisions included herein. The Town of Andrews is hereby authorized to: 1. Continue to discharge filter backwash wastewater from a conventional water treatment plant. This facility is located at the Town of Andrews WTP, at the end of Dan Holland Road, north of Andrews, in Cherokee County. 2. Discharge from said treatment works at the location specified on the attached map into an unnamed tributary to Dan Holland Creek, classified C-Trout waters in the Hiwassee River Basin. Page 2 of 7 Permit NCO069892 A. (L) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS - FINAL During the period beginning on the effective date of this permit and lasting until expiration, the Permittee is authorized to discharge filter backwash from outfall 001. Such discharges shall be limited and monitored' by the Permittee as specified below: EFFLUENT CHARACTERISTICS .,. Parameter Code LIMITS MONITORING REQUIREMENTS Monthly Average Daily, , Maximum Measurement Frequency SamplT-amole, Typecation . Flow 50050 Weekly Estimaffluent :`Flow- _ a r ti 500a.0 - �� �RfiYfltInLftus �'�Re�cord g,; f066R : Total Suspended Solids C0530 30.0 mg/L 45.0 mg/L 2/Month Grab Effluent pH 00400 >- 6.0 & <_ 9.0 standard units 2/Month Grab Effluent Turbidity '00070 Monitor & Report 2/Month Grab Effluent Total Residual Chlorine3 50060 17 pg/L 2/Month Grab Effluent Iron 01045 Monitor & Report Quarterly, Grab Effluent Copper 01042 Monitor & Report Quarterly, Grab Effluent Aluminum 01105 Monitor & Report Quarterly, Grab Effluent Manganese 01055 Monitor & Report Quarterly, Grab Effluent Zinc 01092 Monitor & Report Quarterly, Grab Effluent Total Nitrogen C0600 Monitor & Report Quarterly, Grab Effluent Total Phosphorous C0665 Monitor & Report Quarterly, Grab Effluent Whole Effluent Toxicity5 TGP3B Monitor & Report Quarterly Grab Effluent Footnotes: 1.l-o` aiehanpral 120�9� (27® clays fronn the effective date of this permit), begin submitting discharge monitoring reports electronically using NC DVM,'9s-eDl tlapplication system. See Condition A. (3.). Qom"- - 4. 5. KL' The Division shall consider all effluent TRC values reported below 50 µg/L to be in compliance with the permit. However, the Permittee shall continue to record and submit all values reported by a North Carolina certified laboratory (including field certified), even if these values fall below 50 µg/L. Monitoring should be performed in conjunction with toxicity testing. Toxicity testing (Ceriodaphnia dubia) 7-day chronic pass/fail test @ 90% in February, May, August and November. See condition A. (2.) All samples collected should be from a representative discharge event. There shall be no discharge of floating solids or visible foam in other than trace amounts. Page 3 of 7 Permit NCO069892 A. (2.) CHRONIC TOXICITY PASS/FAIL MONITORING (QUARTERLY) The permittee shall conduct quarterly chronic toxicity tests using test procedures outlined in the "North Carolina Ceriodaphnia Chronic Effluent Bioassay Procedure," Revised December 2010, or subsequent versions. The effluent concentration defined as treatment two in the procedure document is 90 %. The testing shall be performed as a Ceriodaphnia dubia 7-day pass/fail test. The tests will be performed during the months of February, May, August and November. These months signify the first month of each three month toxicity testing quarter -assigned to the facility. Effluent sampling for this testing must be obtained during representative effluent discharge and shall be performed at the NPDES permitted final effluent discharge below all treatment processes. All toxicity testing results required as part of this permit condition will be entered on the Effluent Discharge Monitoring Form (MR-1) for the month in which it was performed, using the parameter code TGP3B. Additionally, DWR Form AT-1 (original) is to be sent to the following address: Attention: North Carolina Division of Water Resources Environmental Sciences Section 162i Mail Service Center Raleigh, N.C. 27699-1621 Completed Aquatic Toxicity Test Forms shall be filed with the Environmental Sciences Section no later than 30 days after the end of the reporting period for which the report is made. Test data shall be complete and accurate and include all supporting chemical/physical measurements performed in association with the toxicity tests, as well as all dose/response data. Total residual chlorine of the effluent toxicity sample must be measured and reported if chlorine is employed for disinfection of the waste stream. Should there be no discharge of flow from the facility during a month in which toxicity monitoring is required, the permittee will complete the information located at the top of the aquatic toxicity (AT) test form indicating the facility name, permit number, pipe number, county, and the'month/year of the report with the notation of "No Flow" in the comment area of the form. The report shall be submitted to the Environmental Sciences Section at the address cited above. Should the permittee fail to monitor during a month in which toxicity monitoring is required, then monthly monitoring will begin immediately. Upon submission of a valid test, this monthly test requirement will revert to quarterly in the months specified above. Should any test data from this monitoring requirement or tests performed by the North Carolina Division of Water Resources indicate potential impacts to the receiving stream, this permit may be re -opened and modified to include alternate monitoring requirements or limits. If the Permittee monitors any pollutant more frequently then required by this permit, the results of such monitoring shall be included in the calculation & reporting of the data submitted on the DMR & all AT Forms submitted. NOTE: Failure to achieve test conditions as specified in the cited document, such as minimum control organism survival, minimum control organism reproduction, and appropriate environmental controls, shall constitute an invalid test and will require immediate follow-up testing to be completed no later than the last day of 'the month following the month of the initial monitoring. Page 4 of 7 Permit NCO069892 A. (3.) ELECTRONIC REPORTING OF DISCHARGE MONITORING REPORTS Proposed federal regulations require electronic submittal of all discharge monitoring reports (DMRs) and specify that, if a state does not establish a system to receive such submittals, then permittees must submit DMRs electronically to the Environmental Protection Agency (EPA). The Division anticipates that these regulations will be adopted and is beginning implementation in late 2013. NOTE: This special condition supplements or supersedes the following sections within Part II of this permit (Standard Conditions for NPDES Permits): • Section B. (11.) • Section D. (2.) • Section D. (6.) • Section E. (5.) Signatory Requirements Reporting Records Retention Monitoring Reports 1. Reporting [Supersedes Section D. (2.) and Section E. (5.) (a)1 Beginning no later than 270 days from the effective date of this permit, the permittee shall begin reporting discharge monitoring data electronically using the NC DWR's Electronic Discharge Monitoring Report (eDMR) internet application. Monitoring results obtained during the previous month(s) shall be summarized for each month and submitted electronically using eDMR. The eDMR system allows permitted facilities to enter monitoring data and submit DMRs electronically using the internet. Until such time that the state's eDMR application is compliant with EPA's Cross -Media Electronic Reporting Regulation (CROMERR), permittees will be required to submit all discharge monitoring data to the state electronically using eDMR and will be required to complete the eDMR submission by printing, signing, and submitting one signed original and a copy of the computer printed eDMR to the following address: NC DENR / DWR / Information Processing Unit ATTENTION: Central Files / eDMR 1617 Mail Service Center Raleigh, North Carolina 27699-1617 If a permittee is unable to use the eDMR system due to a demonstrated hardship or due to the facility being physically located in an area where less than 10 percent of the households have broadband access, then a temporary waiver from the NPDES electronic reporting requirements may be granted and discharge monitoring data may be submitted on paper DMR forms (MR 1, 1. 1, 2, 3) or alternative forms approved by the Director. Duplicate signed copies shall be submitted to the mailing address above. Requests for temporary waivers from the NPDES electronic reporting requirements must be submitted in writing to the Division for written approval at least sixty (60) days prior to the date the facility would be required under this permit to begin using eDMR. Temporary waivers shall be valid for twelve (12) months and shall thereupon expire. At such time, DMRs shall be submitted electronically to the Division unless the permittee re -applies for and is granted a new temporary waiver by the Division. Page 5 of 7 Permit NCO069892 A. (3.) ELECTRONIC REPORTING OF DISCHARGE MONITORING REPORTS, continued Information on eDMR and application for a temporary waiver from the NPDES electronic reporting requirements is found on the following web page: http://-portal.ncdenr.org/web/W A/admin/bog/ipu/edmr Regardless of the submission method, the first DMR is due on the last day of the month following the issuance of the permit or in the case.of a new facility, on the last day of the month following the commencement of discharge. 2. Signatory Requirements [Supplements Section B. (11.) (b) and supersedes Section B. (11.) (d)1 All eDMRs submitted to the permit issuing authority shall be signed by a person described in Part H, Section B. (11.)(a) or by a duly authorized representative of that person as described in Part H, Section B. (I 1.)(b). A person, and not a position, must be delegated signatory authority for eDMR reporting purposes. For eDMR submissions, the person signing and submitting the DMR must obtain an eDMR user account and login credentials to access the eDMR system. For more information on North Carolina's eDMR system, registering for eDMR and obtaining an eDMR user account, please visit the following web page: httD://-oortal.nedenr.or&web/wQ/admin/bog/ipu/edmr Certification. Any person submitting an electronic DMR using the state's eDMR system shall make the following certification [40 CFR 122.22]. NO OTHER STATEMENTS OF CERTIFICATION WILL BE ACCEPTED: "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. " 3. Records Retention [Supplements Section D. (6.)l The permittee shall retain records of all Discharge Monitoring Reports, including eDMR submissions. These records or copies shall be maintained for a period of at least 3 years from the date of the report. This period may be extended by request of the Director at any time [40 CFR 122.41]. Page 6 of 7 Permit NCO069892 _•, /� I+ r 111 t / b 119 0cI24 �ii••c(/ - � 77 �, � -.• a r 5 I: �'� y'� � 1..� .' ) ( 0. + i s . L L �, i t •� .� c � ,7 sgT G � � � �i ) � `off � r+•'• •a• r l .. �J77.. � • '��'• ` 0 071i � b tom• � r � � AILE�fla { ,''� 498 418-1SPD G?4,L\ ANK BrownL7z"A \\v aSa�Riv \ rfo As ; and in n + �-• i / — r� �� • 17✓� },\ �. � �, `riaj � ii P J( .� " 11 � � �rRAl E�7� Lk ' l--�'�1,f� ��I� \.... '. _�' /�. • ti .i. i-+. C� .. ;y ���Y .�+" ,J J :� 1_-i �Y - �.,.`s_-�" ,\ Quad: Andrews, N.C. Town Of Facility Stream Class: C-Trout Subbasin:40502 Andrews WTP Location e 'Jr Latitude: 35112'38" IF NCO069892 Longitude: 83050'12" Receiving Stream: UT Dan Holland Creek cffottA Cherokee Count Page 7 of 7 NPDES Permit Standard Conditions Page 1 of 18 PART IL STANDARD CONDITIONS FOR NPDES PERMITS ions Samples are collected twice per month with at least ten calendar days between sampling events representative of the wastewater discharged during the sample period. These samples shall be 3/Week Samples are collected three times per week on three separate calendar days. These samples shall be representative of the wastewater discharged during the sample period. Act or "the Act" The Federal Water Pollution Control Act, also known as the Clean Water Act (CWA), as amended, 33 USC 1251, et. seq. Annual Average The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar year. In the case of fecal coliform, the geometric mean of such discharges. Arithmetic Mean The summation of the individual values divided by the number of individual values. Bypass The known diversion of waste streams from any portion of a treatment facility including the collection system, which is not a designed or established or operating mode for the facility. Calendar Day The period from midnight of one day until midnight of the next day. However, for purposes of this permit, any consecutive 24-hour period that reasonably represents the calendar day may be used for sampling. Calendar Week The period from Sunday through the following Saturday. Calendar Quarter One of the following distinct periods: January through March, April through June, July through September, and October through December. Composite Sample A sample collected over a 24-hour period by continuous sampling or combining grab samples of at least 100 mL in such a manner as to result in a total sample representative of the wastewater discharge during the sample period. The Director may designate the most appropriate method (specific number and size of aliquots necessary, the time interval. between grab samples, etc.) on a case -by -case basis. Samples may be collected manually or automatically. Composite samples may be obtained by the following methods: (1) Continuous: a single, continuous sample collected over a 24-hour period proportional to the rate of flow. (2) Constant time/variable volume: a series of grab samples collected at equal time intervals over a 24 hour period of discharge and combined proportional to the rate of flow measured at the time of individual sample collection, or (3) Variable time/constant volume: a series of grab samples of equal volume collected over a 24 hour period with the time intervals between samples determined by a preset number of gallons passing the sampling point. Flow measurement between sample intervals shall be determined by use of a flow recorder and totalizer, and the preset gallon interval between sample collection fixed at no greater than 1/24 of the expected total daily flow at the treatment system, or Version 1110912011.1 NPDES Permit (4) Constant time/constant volume: a series of grab samples of equal volume collected over a 24-hour peoo constant time interval. Use of this method requires prior approval by the Director. This method may only b used in situations where effluent flow rates vary less than 15 percent. The following restrictions also apply: ➢ Influent and effluent grab samples shall be of equal size and of no less than 100 milliliters ➢ Influent samples shall not be collected more than once per hour. ➢ Permittees with wastewater treatment systems whose detention time < 24 hours shall collect effluent grab samples at intervals of no greater than 20 minutes apart during any 24-hour period. ➢ Permittees with wastewater treatment systems whose detention time exceeds 24 hours shall collect effluent grab samples at least every six hours; there must be a minimum of four samples during, a 24-hour sampling period. Continuous flow measurement Flow monitoring that occurs without interruption throughout the operating hours of the facility. Flow shall be monitored continually except for the infrequent times when there may be no flow or for infrequent maintenance activities on the flow device. Daily Discharge The discharge of a pollutant measured during a calendar day or any 24-hour period that reasonably represents the calendar day for purposes of sampling. For pollutants measured in units of mass, the "daily discharge" is calculated as the total mass of the pollutant discharged over the day. For pollutants expressed in other units of measurement, the "daily discharge" is calculated as the average measurement of the pollutant over the day. (40 CFR 122.2; see also "Composite Sample," above.) Daily Maximum The highest "daily discharge" during the calendar month. Daily Sampling Parameters requiring daily sampling shall be sampled 5 out of every 7 days per week unless otherwise specified in the permit. Sampling shall be conducted on weekdays except where holidays or other disruptions of normal operations prevent weekday sampling. If sampling is required for all seven days of the week for any permit parameter(s), that requirement will be so noted on the Effluent Limitations and Monitoring Page(s). DWR or "the Division" The Division of Water Resources, Department of Environment and Natural Resources. Effluent Wastewater discharged following all treatment processes from a water pollution control facility or other point source whether treated or untreated. EMC The North Carolina Environmental Management Commission EPA The United States Environmental Protection Agency Facility Closure Cessation of all activities that require coverage under this NPDES permit. Completion of facility closure will allow this permit to be rescinded. Geometric Mean The Nth root of the product of the individual values where N = the number of individual values. For purposes of calculating the geometric mean, values of "0" (or "< [detection level]") shall be considered = 1. . Grab Sample Individual samples of at least 100 mL collected over a period of time not exceeding 15 minutes. Grab samples can be collected manually. Grab samples must be representative of the discharge (or the receiving stream, for instream samples). Version 1110912011.1 NPDES Permit Standard Conditions Page 3 of 18 substance designated under 40 CFR Part 116 pursuant to Section 311 of the CWA. The flow measured during the minimum time required for the flow measuring device or method to produce a result in that instance. To the extent practical, instantaneous flow measurements coincide with the collection of any grab samples required for the same sampling period so that together the samples and flow are representative of the discharge during that sampling period. Monthly Average (concentration limit) The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar month. In the case of fecal coliform or other bacterial parameters or indicators, the geometric mean of such discharges. Permit Issuing Authority The Director of the Division of Water Resources. Quarterly Average (concentration limit) The arithmetic mean of all samples taken over a calendar quarter. Severe property damage Substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage excludes economic loss caused by delays in production. Toxic Pollutant: Any pollutant listed as toxic under Section 307(a)(1) of the CWA. Upset An incident beyond the reasonable control of the Permittee causing unintentional and temporary noncompliance with permit effluent limitations and/or monitoring requirements. An upset does not include noncompliance caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation. Weekly Average (concentration limit) The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar week. In the case of fecal coliform or other bacterial parameters or indicators, the geometric mean of such discharges. Section B. General Conditions 1. Duty to Comply_ The Permittee must comply with all conditions of this permit. Any permit noncompliance constitutes a violation of the CWA and is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or denial of a permit renewal application [40 CFR 122.41 ]. a. The Permittee shall comply with effluent standards or prohibitions established under section 307(a) of the CWA for toxic pollutants and with standards for sewage sludge use or disposal established under section 405(d) of the CWA within the time provided in the regulations that establish these standards or prohibitions or standards for sewage sludge use or disposal, even if the permit has not yet been modified to incorporate the requirement. b. The CWA provides that any person who violates section[s] 301, 302, 306, 307, 308, 318 or 405 of the Act, or any permit condition or limitation implementing any such sections in a permit issued under section 402, or any requirement imposed in a pretreatment program approved under sections 402(a)(3) or 402(b)(8) of the Act, is subject to a civil penalty not to exceed $37,500 per day for each violation. [33 USC 019(d) and 40 CFR 122.41(a)(2)] c. The CWA provides that any person who negligently violates sections 301, 302, 306, 307, 308, 318, or 405 of the Act, or any condition or limitation implementing any of such sections in a permit issued under section 402 of the Act, or any requirement imposed in a pretreatment program approved under section 402(a)(3) or 402(b)(8) of the Act, is subject to criminal penalties of $2,500 to $25,000 per day of violation, or Version 1110912011.1 NPDES Permit imprisonment of not more than 1 year, or both. In the case of a second or subsequent conviction for a ne violation, a person shall be subject to criminal penalties of not more than $50,000 per day of violation, or b imprisonment of not more than 2 years, or both. [33 USC 1319(c)(1) and 40 CFR 122.41(a)(2)] d. Any person who knowingly violates such sections, or such conditions or limitations is subject to criminal penalties of $5,000 to $50,000 per day of violation, or imprisonment for not more than 3 years, or both. In the case of a second or subsequent conviction for a knowing violation, a person shall be subject to criminal penalties of not more than $100,000 per day of violation, or imprisonment of not more than 6 years, or both. [33 USC 1319(c)(2) and 40 CFR 122.41(a)(2)] e. Any person who knowingly violates section 301, 302, 303, 306, 307, 308, 318 or 405 of the Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of the Act, and who knows at that time that he thereby places another person in imminent danger of death or serious bodily injury, shall, upon conviction, be subject to a fine of not more than $250,000 or imprisonment of not more than 15 years, or both. In the case of a second or subsequent conviction for a knowing endangerment violation, a person shall be subject to a fine of not more than $500,000 or by imprisonment of not more than 30 years, or both. An organization, as defined in section 309(c)(3)(B)(iii) of the CWA, shall, upon conviction of violating the imminent danger provision, be subject to a fine of not more than $1,000,000 and can be fined up to $2,000,000 for second or subsequent convictions. [40 CFR 122.41(a)(2)] f. Under state law, a civil penalty of not more than $25,000 per violation may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of a permit. [North Carolina General Statutes § 143-215.6A] g. Any person may be assessed an administrative penalty by the Administrator for violating section 301, 302, 306, 307, 308, 318 or 405 of this Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of this Act. Administrative penalties for Class I violations are not to exceed $16,000 per violation, with the maximum amount of any Class I penalty assessed not to exceed $37,500. Penalties for Class Il violations are not to exceed $16,000 per day for each day during which the violation continues, with the maximum amount of any Class II penalty not to exceed $177,500. [33 USC 1319(g)(2) and 40 CFR 122.41(a)(3)] 2. Duty to Mitigate The Permittee shall take all reasonable steps to minimize or prevent any discharge or sludge use or disposal in violation of this permit with a reasonable likelihood of adversely affecting human health or the environment [40 CFR 122.41(d)]. Civil and Criminal Liability Except as provided in permit conditions on 'Bypassing" (Part II.C.4), "Upsets" (Part II..C.S) and 'Power Failures" (Part II.C.7), nothing in this permit shall be construed to relieve the Permittee from any responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3, 143-215.6 or Section 309 of the Federal Act, 33 USC 1319. Furthermore, the Permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. Oil and Hazardous Substance Liability Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the Permittee from any responsibilities, liabilities, or penalties to which the Permittee is or may be subject to under NCGS 143- 215.75 et seq. or Section 311 of the Federal Act, 33 USG 1321. Furthermore, the Permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 5. Property Rights The issuance of this permit does not convey any property rights in either real or personal property, or any exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor any infringement of Federal, State or local laws or regulations [40 CFR 122.41(g)]. 6. Onshore or Offshore Construction This permit does not authorize or approve the construction of any onshore or offshore physical structures or facilities or the undertaking of any work in any navigable waters. Version 1110912011.1 NPDES Permit Standard Conditions Page 5 of 18 The provisions of this permit are severable. If any provision of this permit, or the application of any provision of this permit to any circumstances, is held invalid, the application of such provision to other circumstances, and the remainder of this permit, shall not be affected thereby [NCGS 15013-23]. 8. Duty to Provide Information The Permittee shall furnish to the Permit Issuing Authority, within a reasonable time, any information which the Permit Issuing Authority may request to determine whether cause exists for modifying, revoking and reissuing, or terminating this permit or to determine compliance with this permit. The Permittee shall also furnish to the Permit Issuing Authority upon request, copies of records required by this permit [40 CFR 122.41(h)]. 9. Duty to Reapply If the Permittee wishes to continue an activity regulated by this permit after the expiration date of this permit, the Permittee must apply for and obtain a new permit [40 CFR 122.41(b)]. 10. Expiration of Permit The Permittee is not authorized to discharge after the expiration date. In order to receive automatic authorization to discharge beyond the expiration date, the Permittee shall submit such information, forms, and fees as are required by the agency authorized to issue permits no later than 180 days prior to the expiration date unless permission for a later date has been granted by the Director. (The Director shall not grant permission for applications to be submitted later than the expiration date of the existing permit.) [40 CFR 122.21(d)] Any Permittee that has not requested renewal at least 180 days prior to expiration, or any Permittee that does not have a permit after the expiration and has not requested renewal at least 180 days prior to expiration, will subject the Permittee to enforcement procedures as provided in NCGS 143-215.6 and 33 USC 1251 et. seq. 11. Signatory Requirements All applications, reports, or information submitted to the Permit Issuing Authority shall be signed and certified [40 CFR 122.41(k)]. a. All permit applications shall be signed as follows: (1) For a corporation: by a responsible corporate officer. For the purpose of this Section, a responsible corporate officer means: (a) a president, secretary, treasurer or vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision making functions for the corporation, or (b) the manager of one or more manufacturing, production, or operating facilities, provided, the manager is authorized to make management decisions which govern the operation of the regulated facility including having the explicit or implicit duty of making major capital investment recommendations, and initiating and directing other comprehensive measures to assure long term environmental compliance with environmental laws and regulations; the manager can ensure that the necessary systems are established or actions taken to gather complete and accurate information for permit application requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures . (2) For a partnership or sole proprietorship: by a general partner or the proprietor, respectively; or (3) For a municipality, State, Federal, or other public agency: by either a principal executive officer or ranking elected official [40 CFR 122.22]. b. All reports required by the permit and other information requested by the Permit Issuing Authority shall be signed by a person described in paragraph a. above or by a duly authorized representative of that person. A person is a duly authorized representative only if: (1) The authorization is made in writing by a person described above; (2) The authorization specified either an individual or a position having responsibility for the overall operation of the regulated facility or activity, such as the position of plant manager, operator of a well or well field, superintendent, a position of equivalent responsibility, or an individual or position having overall responsibility for environmental matters for the company. (A duly authorized representative may thus be either a named individual or any individual occupying a named position.); and (3) The written authorization is submitted to the Permit Issuing Authority [40 CFR 122.22] Version 1110912011.1 NPDES Permit S c. Changes to authorization: If an authorization under paragraph (b) of this section is no longer accurate be a different individual or position has responsibility for the overall operation of the facility, a new authorzzat satisfying the requirements of paragraph (b) of this section must be submitted to the Director prior to or together with any reports, information, or applications to be signed by an authorized representative [40 CFR 122.22] d. Certification. Any person signing a document under paragraphs a. or b. of this section shall make the following certification [40 CFR 122.22]. NO OTHER STATEMENTS OF CERTIFICATION WILL BE ACCEPTED: "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 offtnes and imprisonment for knowing violations. " 12. Permit Actions This permit may be modified, revoked and reissued, or terminated for cause. The filing of a request by the Permittee for a permit modification, revocation and reissuance, or termination, or a notification of planned changes or anticipated noncompliance does not stay any permit condition [40 CFR 122.41(f)]. 13. Permit Modification, Revocation and Reissuance, or Termination The issuance of this permit does not prohibit the permit issuing authority from reopening and modifying the permit, revoking and reissuing the permit, or terminating the permit as allowed by the laws, rules, and regulations contained in Title 40, Code of Federal Regulations, Parts 122 and 123; Title 15A of the North Carolina Administrative Code, Subchapter 02H .0100; and North Carolina General Statute 143.215.1 et. al. 14. Annual Administering and Compliance Monitoring Fee Requirements The Permittee must pay the annual administering and compliance monitoring fee within thirty days after being billed by the Division. Failure to pay the fee in a timely manner in accordance with 15A NCAC 02H .0105(b)(2) may cause this Division to initiate action to revoke the permit. Section C. Operation and Maintenance of Pollution Controls 1. Certified Operator Owners of classified water pollution control systems must designate operators, certified by the Water Pollution Control System Operators Certification Commission (WPCSOCC), of the appropriate type and grade for the system, and, for each classification must [T15A NCAC 08G .0201]: a. designate one Operator In Responsible Charge (ORC) who possesses a valid certificate of the type and grade at least equivalent to the type and grade of the system; b. designate one or more Back-up Operator(s) in Responsible Charge (Back-up ORCs) who possesses a valid certificate of the type of the system and no more than one grade less than the grade of the system, with the exception of no backup operator in responsible charge is required for systems whose minimum visitation requirements are twice per year; and c. submit a signed completed "Water Pollution Control System Operator Designation Form" to the Commission (or to the local health department for owners of subsurface systems) countersigned by the designated certified operators, designating the Operator in Responsible Charge (ORC) and the Back-up Operator in Responsible Charge (Back-up ORC): (1) 60 calendar days prior to wastewater or residuals being introduced into a new system; or (2) within 120 calendar days following: ➢ receiving notification of a change in the classification of the system requiring the designation of a new Operator in Responsible Charge (ORC) and Back-up Operator in Responsible Charge (Back-up ORC) of the proper type and grade; or ➢ a vacancy in the position of Operator in Responsible Charge (ORC) or Back-up Operator in Responsible Charge (Back-up ORC). Version 1110912011.1 NPDES Permit Standard Conditions Page 7 of 18 (3) within seven calendar days of vacancies in both ORC and Back-up ORC positions replacing or designating at least one of the responsibilities. The ORC of each Class I facility (or the Back-up ORC, when acting as surrogate for the ORC) must: ➢ Visit the facility as often as is necessary to insure proper operation of the treatment system; the treatment facility must be visited at least weekly ➢ Comply with all other conditions of 15A NCAC 08G .0204. The ORC of each Class Il, III and IV facility (or the Back-up ORC, when acting as surrogate for the ORC) must: ➢ Visit the facility as often as is necessary to insure proper operation of the treatment system; the treatment facility must be visited at least five days per week, excluding holidays ➢ Properly manage and document daily operation and maintenance of the facility ➢ Comply with all other conditions of 15A NCAC 08G .0204. 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 Permittee to install and operate backup or auxiliary facilities only when necessary to achieve compliance with the conditions of the permit [40 CFR 122.41(e)]. NOTE: Properly and officially designated operators are fully responsible for all proper operation and maintenance of the facility, and all documentation required thereof, whether acting as a contract operator [subcontractor] or a member of the Permittee's staff. 3. Need to Halt or Reduce not a Defense It shall not be a defense for a Permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the condition of this permit [40 CFR 122.41(c)]. 4. Bypassing of Treatment Facilities a. Bypass not exceeding limitations [40 CFR 122.41(m)(2)] The Permittee may allow any bypass to occur which does not cause effluent limitations to be exceeded, but only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the provisions of Paragraphs b. and c. of this section. b. Notice [40 CFR 122.41(m)(3)] (1) Anticipated bypass. If the Permittee knows. in advance of the need for a bypass, it shall submit prior notice, if possible at least ten days before the date of the bypass; including an evaluation of the anticipated quality and effect of the bypass. (2) Unanticipated bypass. The Permittee shall submit notice of an unanticipated bypass as required in Part II.E.6. (24-hour notice). c. Prohibition of Bypass (1) Bypass from the treatment facility is prohibited and the Permit Issuing Authority may take enforcement action against a Permittee for bypass, unless: (A) Bypass was unavoidable to prevent loss of life, personal injury or severe property damage; (B) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate backup equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and (C) The Permittee submitted notices as required under Paragraph b. of this section. (2) Bypass from the collection system is prohibited and the Permit Issuing Authority may take enforcement action against a Permittee for a bypass as provided in any current or future system -wide collection system permit associated with the treatment facility. Version 1110912011.1 NPDES Permil (3) The Permit Issuing Authority may approve an anticipated bypass, after considering it,, the Permit Issuing Authority determines that it will meet the three conditions listed ab (1) of this section. Upsets a. Effect of an upset [40 CFR 122.41(n)(2)]: An upset constitutes an affirmative defense to noncompliance with such technology based permit effluent limitations if the requirements this condition are met. No determination made during administrative review of claims that , vuk,.,m pnan.,k;;r W ao caused by upset, and before an action for noncompliance, is final administrative action subject to judicial review. b. Conditions necessary for a demonstration of upset: Any Permittee who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that: (1) An upset occurred and that the Permittee can identify the cause(s) of the upset; (2) The Permittee facility was at the time being properly operated; and (3) The Permittee submitted notice of the upset as required in Part II.E.6.(b) of this permit. (4) The Permittee complied with any remedial measures required under Part II.B.2. of this permit. c. Burden of proof [40 CFR 122.41(n)(4)]: The Permittee seeking to establish the occurrence of an upset has the burden of proof in any enforcement proceeding. 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 except as permitted by the Commission. The Permittee shall comply with all applicable state and Federal regulations governing the disposal of sewage sludge, including 40 CFR 503, Standards for the Use and Disposal of Sewage Sludge; 40 CFR Part 258, Criteria For Municipal Solid Waste Landfills; and 15A NCAC Subchapter 2T, Waste Not Discharged To Surface Waters. The Permittee shall notify the Permit Issuing Authority of any significant change in its sludge use or disposal practices. 7. Power Failures The Permittee is responsible for maintaining adequate safeguards (as required by 15A NCAC 02H .0124) to prevent the discharge of untreated or inadequately treated wastes during electrical power failures either by means of alternate power sources, standby generators or retention of inadequately treated effluent. Section D. MonitorinlZ and Records 1. Representative Sampling Samples collected and measurements taken, as required herein, shall be representative of the permitted discharge. Samples collected at a frequency less than daily shall be taken on a day and time that is representative of the discharge for the period the sample represents. All samples shall be taken at the monitoring points specified in this permit and, unless otherwise specified, before the effluent joins or is diluted by any other wastestream, body of water, or substance. Monitoring points shall not be changed without notification to and the approval of the Permit Issuing Authority [40 CFR 122.410)]. 2. Reporting Monitoring results obtained during the previous month(s) shall be summarized for each month and reported on a monthly Discharge Monitoring Report (DMR) Form (MR 1, 1. 1, 2, 3) or alternative forms approved by the Director, postmarked no later than the last calendar day of the month following the completed reporting period. The first DMR is due on the last day of the month following the issuance of the permit or in the case of a new facility, on the last day of the month following the commencement of discharge. Duplicate signed copies of these, and all other reports required herein, shall be submitted to the following address: Version 1110912011.1 NPDES Permit Standard Conditions Page 9 of 18 NC DENR / Division of Water Resources/ Water Quality Permitting Section ATTENTION: Central Files 1617 Mail Service Center Raleigh, North Carolina 27699-1617 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 is consistent with the accepted capability of that type of device. Devices selected shall be capable of measuring flows with a maximum deviation of less than 10% from the true discharge rates throughout the range of expected discharge volumes. Flow measurement devices shall be accurately calibrated at a minimum of once per year and maintained to ensure that the accuracy of the measurements is consistent with the accepted capability of that type of device. The Director shall approve the flow measurement device and monitoring location prior to installation. Once -through condenser cooling water flow monitored by pump logs, or pump hour meters as specified in Part I of this permit and based on the manufacturer's pump curves shall not be subject to this requirement. 4. Test Procedures Laboratories used for sample analysis must be certified by the Division. Permittees should contact the Division's Laboratory Certification Section (919 733-3908 or http://portal.ncdenr.org/web/wq/lab/cert) for information regarding laboratory certifications. Facilities whose personnel are conducting testing of field -certified parameters only must hold the appropriate field parameter laboratory certifications. Test procedures for the analysis of pollutants shall conform to the EMC regulations (published pursuant to NCGS. 143-215.63 et. seq.), the Water and Air Quality Reporting Acts, and to regulations published pursuant to Section 304(g), 33 USC 1314, of the CWA (as amended), and 40 CFR 136; or in the case of sludge use or disposal, approved under 40 CFR 136, unless otherwise specified in 40 CFR 503, unless other test procedures have been specified in this permit [40 CFR 122.41]. To meet the intent of the monitoring required by this permit, all test procedures must produce minimum detection and reporting levels that are below the permit discharge requirements and all data generated must be reported down to the minimum detection or lower reporting level of the procedure. If no approved methods are determined capable of achieving minimum detection and reporting levels below permit discharge requirements, then the most sensitive (method with the lowest possible detection and reporting level) approved method must be used. 5. Penalties for Tampering The CWA provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any monitoring device or method required to be maintained under this permit shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. If a conviction of a person is for a violation committed after a first conviction of such person under this paragraph, punishment is a fine of not more than $20,000 per day of violation, or by imprisonment of not more than 4 years, or both [40 CFR 122.41]. 6. Records Retention Except for records of monitoring information required by this permit related to the Permittee's sewage sludge use and disposal activities, which shall be retained for a period of at least five years (or longer as required by 40 CFR 503), the Permittee shall retain records of all monitoring information, including: ➢ all calibration and maintenance records ➢ all original strip chart recordings for continuous monitoring instrumentation ➢ copies of all reports required by this permit ➢ copies of all data used to complete the application for this permit These records or copies shall be maintained for a period of at least 3 years from the date of the sample, measurement, report or application. This period may be extended by request of the Director at any time [40 CFR 122.41]. Version 1110912011.1 NPDES Permil 7. Recording Results For each measurement or sample taken pursuant to the requirements of this permit, the Permitl following information [40 CFR 122.41]: a. The date, exact place, and time of sampling or measurements; b. The individual(s) who performed the sampling or measurements; c. The date(s) analyses were performed; d. The individual(s) who performed the analyses; e. The analytical techniques or methods used; and f. The results of such analyses. 8. Inspection and Entry The Permittee shall allow the Director, or an authorized representative (including an authorized contractor acting as a representative of the Director), upon the presentation of credentials and other documents as may be required by law, to; a. Enter, at reasonable times, upon the Permittee's premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of this permit; b. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this permit; c. Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this permit; and d. Sample or monitor at reasonable times, for the purposes of assuring permit compliance. or as otherwise authorized by the CWA, any substances or parameters at any location [40 CFR 122.41(i)]. Section E Reporting Requirements 1. Chani;e in Discharge All discharges authorized herein shall be consistent with the terms and conditions of this permit. The discharge of any pollutant identified in this permit more frequently than or at a level in excess of that authorized shall constitute a violation of the permit. 2. Planned Changes The Permittee shall give notice to the Director as soon as possible of any planned physical alterations or additions to the permitted facility [40 CFR 122.41(1)]. Notice is required only when: a. The alteration or addition to a permitted facility may meet one of the criteria for new sources at 40 CFR 122.29(b); or b. The alteration or addition could significantly change the nature or increase the quantity of pollutants discharged. This notification applies to pollutants subject neither to effluent limitations in the permit, nor to notification requirements under 40 CFR 122.42(a)(1); or c. The alteration or addition results in a significant change in the Permittee's sludge use or disposal practices, and such alteration, addition or change may justify the application of permit conditions that are different from or absent in the existing permit, including notification of additional use or disposal sites not reported during the permit application process or not reported pursuant to an approved land application plan. 3. Anticipated Noncompliance The Permittee shall give advance notice to the Director of any planned changes to the permitted facility or other activities that might result in noncompliance with the permit [40 CFR 122.41(1)(2)]. 4. Transfers This permit is not transferable to any person without prior written notice to and approval from the Director in accordance with 40 CFR 122.61. The Director may condition approval in accordance with NCGS 143-215.1, in particular NCGS 143-215.1(b)(4)b.2., and may require modification or revocation and reissuance of the permit, or a minor modification, to identify the new permittee and incorporate such other requirements as may be necessary under the CWA [40 CFR 122.41(1)(3), 122.61] or state statute. Version 1110912011.1 NPDES Permit Standard Conditions Page 11 of 18 Monitoring results shall be reported at the intervals specified elsewhere in this permit [40 CFR 122.41(1)(4)]. a. Monitoring results must be reported on a Discharge Monitoring Report (DMR) (See Part II.D.2) or forms provided by the Director for reporting results of monitoring of sludge use or disposal practices. b. If the Permittee monitors any pollutant more frequently than required by this permit using test procedures approved under 40 CFR Part 136 and at a sampling location specified in this permit or other appropriate instrument governing the discharge, the results of such monitoring shall be included in the calculation and reporting of the data submitted on the DMR. 6. Twenty-four Hour Reporting a. The Permittee shall report to the Director or the appropriate Regional Office any noncompliance that potentially threatens public health or the environment. Any information shall be provided orally within 24 hours from the time the Permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the Permittee becomes aware of the circumstances. The written submission shall contain a description of the noncompliance, and its cause; the period of noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance [40 CFR 122.41(1)(6)]. b. The Director may waive the written report on a case -by -case basis for reports under this section if the oral report has been received within 24 hours. c. Occurrences outside normal business hours may also be reported to the Division's Emergency Response personnel at (800) 662-7956, (800) 858-0368 or (919) 733-3300. 7. Other Noncompliance The Permittee shall report all instances of noncompliance not reported under Part II.E.5 and 6. of this permit at the time monitoring reports are submitted. The reports shall contain the information listed in Part II.E.6. of this permit [40 CFR 122.41(1)(7)]. 8. Other Information Where the Permittee becomes aware that it failed to submit any relevant facts in a permit application, or submitted incorrect information in a permit application or in any report to the Director, it shall promptly submit such facts or information [40 CFR 122.41(1)(8)]. 9. Noncompliance Notification The Permittee shall report by telephone to either the central office or the appropriate regional office of the Division as soon as possible, but in no case more than 24 hours or on the next working day following the occurrence or first knowledge of the occurrence of any of the following: a. Any occurrence at the water pollution control facility which results in the discharge of significant amounts of wastes which are abnormal in quantity or characteristic, such as the dumping of the contents of a sludge digester; the known passage of a slug of hazardous substance through the facility; or any other unusual circumstances. b. Any process unit failure, due to known or unknown reasons, that render the facility incapable of adequate wastewater treatment such as mechanical or electrical failures of pumps, aerators, compressors, etc. c. Any failure of a pumping station, sewer line, or treatment facility resulting in a by-pass without treatment of all or any portion of the influent to such station or facility. Persons reporting such occurrences by telephone shall also file a written report within 5 days following first knowledge of the occurrence. Also see reporting requirements for municipalities in Part IV.C.2.c. of this permit. 10. Availability of Reports Except for data determined to be confidential under NCGS 143-215.3 (a)(2) or Section 308 of the Federal Act, 33 USC 1318, all reports prepared in accordance with the terms shall be available for public inspection at the offices of the Division. As required by the Act, effluent data shall not be considered confidential. Knowingly making any false statement on any such report may result in the imposition of criminal penalties as provided for in NCGS 143- 215. 1 (b)(2) or in Section 309 of the Federal Act. Version 1110912011.1 NPDES Permit 11. Penalties for Falsification of Reports The CWA provides that any person who knowingly makes any false statement, representation, or certification i any record or other document submitted or required to be maintained under this permit, including monitoring reports or reports of compliance or noncompliance shall, upon conviction, be punished by a fine of not more than $25,000 per violation, or by imprisonment for not more than two years per violation, or by both [40 CFR 122.41]. 12. Annual Performance Reports Permittees who own or operate facilities that primarily collect or treat municipal or domestic wastewater and have an average annual flow greater than 200,000 gallons per day shall provide an annual report to the Permit Issuing Authority and to the users/customers served by the Permittee (NCGS 143-215.1C). The report shall summarize the performance of the collection or treatment system, as well as the extent to which the facility was compliant with applicable Federal or State laws, regulations and rules pertaining to water quality. The report shall be provided no later than sixty days after the end of the calendar or fiscal year, depending upon which annual period is used for evaluation. The report shall be sent to: NC DENR / Division of Water Resources / Water Quality Permitting Section ATTENTION: Central Files 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Version 1110912011.1 PART III OTHER REQUIREMENTS ruction NPDES Permit Standard Conditions Page 13 of 18 ;hall not commence construction of wastewater treatment facilities, nor add to the plant's treatment . "_PU X�y, ...,..Mange the treatment processes) utilized at the treatment plant unless (1) the Division has issued an Authorization to Construct (AtC) permit or (2) the Permittee is exempted from such AtC permit requirements under Item b. of this Section. b. In accordance with NCGS 143-215.l(a5) [SL 2011-394], no permit shall be required to enter into a contract for the construction, installation, or alteration of any treatment work or disposal system or to construct, install, or alter any treatment works or disposal system within the State when the system's or work's principle function is to conduct, treat, equalize, neutralize, stabilize, recycle, or dispose of industrial waste or sewage from an industrial facility and the discharge of the industrial waste or sewage is authorized under a permit issued for the discharge of the industrial waste or sewage into the waters of the State. Notwithstanding the above, the permit issued for the discharge may be modified if required by federal regulation. c. Issuance of an AtC will not occur until Final Plans and Specifications for the proposed construction have been submitted by the Permittee and approved by the Division. Section B. Groundwater Monitoring The Permittee shall, upon written notice from the Director, conduct groundwater monitoring as may be required to determine the compliance of this NPDES permitted facility with the current groundwater standards. Section C. Changes in Discharges of Toxic Substances The Permittee shall notify the Permit Issuing Authority as soon as it knows or has reason to believe (40 CFR 122.42)' a. That any activity has occurred or will occur which would result in the discharge, on a routine or frequent basis, of any toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels"; (1) One hundred micrograms per liter (100 µg/L); (2) Two hundred micrograms per liter (200 µg/L) for acrolein and acrylonitrile; five hundred micrograms per liter (500 µg/L) for 2,4-dinitrophenol and for 2-methyl-4,6-dinitrophenol; and one milligram per liter (1 mg/L) for antimony; (3) Five times the maximum concentration value reported for that pollutant in the permit application. b. That any activity has occurred or will occur which would result in any discharge, on a non -routine or infrequent basis, of a toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels"; (1) Five hundred micrograms per liter (500 µg/L); (2) One milligram per liter (1 mg/L) for antimony; (3) Ten times the maximum concentration value reported for that pollutant in the permit application. Section D. Facility Closure Requirements . The Permittee must notify the Division at least 90 days prior to the closure of any wastewater treatment system covered by this permit. The Division may require specific measures during deactivation of the system to prevent adverse impacts to waters of the State. This permit cannot be rescinded while any activities requiring this permit continue at the permitted facility. Version 1110912011.1 NPDES Permit PART IV SPECIAL CONDITIONS FOR MUNICIPAL FACILITIES Section A. Definitions In addition to the definitions in Part II of this permit, the following definitions apply to municipal f Indirect Discharge or Industrial User Any non -domestic source that discharges wastewater containing pollutants into a POTW regulated under section 307(b), (c) or (d) of the CWA. [40 CFR 403.3 (i) and 0) and 15A NCAC 02H .0903(b)(11)] Interference Inhibition or disruption of the POTW treatment processes; operations; or its sludge process, use, or disposal which causes or contributes to a violation of any requirement of the Permittee's (or any satellite POTW's if different from the Permittee) NPDES, collection system, or non -discharge permit or prevents sewage sludge use or disposal in compliance with specified applicable State and Federal statutes, regulations, or permits. [15A NCAC 02H .0903(b)(14)] Pass Through A discharge which exits the POTW into waters of the State in quantities or concentrations which, alone or with discharges from other sources, causes a violation, including an increase in the magnitude or duration of a violation, of the Permittee's (or any satellite POTW's, if different from the Permittee) NPDES, collection system, or non -discharge permit. [15A NCAC 02H .0903(b)(23)] Publicly Owned Treatment Works (POTW) A treatment works as defined by Section 212 of the CWA, which is owned by a State or local government organization. This definition includes any devices and systems used in the storage, treatment, recycling and reclamation of municipal sewage or industrial wastes of a liquid nature. It also includes the collection system, as defined in 15A NCAC 2T .0402, only if it conveys wastewater to a POTW treatment plant. The term also means the local government organization, or municipality, as defined in section 502(4) of the CWA, which has jurisdiction over indirect discharges to and the discharges from such a treatment works. In this context, the organization may be the owner of the POTW treatment plant or the owner of the collection system into which an indirect discharger discharges. This second type of POTW may be referred to as a "satellite POTW organization." [15A NCAC 02H .0903(b)(26)] "Significant Industrial User" or "SIU" An Industrial User that discharges wastewater into a publicly owned treatment works and that [15A NCAC 02H .0903(b)(33)]: 1. Discharges an average of 25,000 gallons per day or more of process wastewater to the POTW (excluding sanitary, noncontact cooling and boiler blowdown wastewaters); or 2. Contributes process wastewater which makes up five percent or more of the NPDES or non -discharge permitted flow limit or organic capacity of the POTW treatment plant. In this context, organic capacity refers to BOD, TSS and ammonia; or 3. Is subject to categorical standards under 40 CFR Part 403.6 and 40 CFR Parts 405-471; or 4. Is designated as such by the Permittee on the basis that the Industrial User has a reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement, or the POTW's effluent limitations and conditions in its NPDES or non -discharge permit, or to limit the POTW's sludge disposal options; 5. Subject to approval under 15A NCAC 02H .0907(b), the Permittee may determine that an Industrial User meeting the criteria in paragraphs 1 or 2 of this definition above has no reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement, the POTW's effluent limitations and conditions in its NPDES or non -discharge permit, or to limit the POTW's sludge disposal options, and thus is not a Significant Industrial User (SIU); or 6. Subject to approval under 15A NCAC 02H .0907(b), the Permittee may determine that an Industrial User meeting the criteria in paragraph 3 of this definition above meets the requirements of 40 CFR Part 403.3(v)(2) and thus is a non -significant categorical Industrial User. Section B. Publicly Owned Treatment Works WOTWs) Version 1110912011.1 NPDES Permit Standard Conditions Page 15 of 18 s must provide adequate notice to the Director of the following [40 CFR 122.42(b)]: !% Any new introduction of pollutants into the POTW from an indirect discharger, regardless of the means of transport, which would be subject to section 301 or 306 of CWA if it were directly discharging those pollutants; and 2. Any substantial change in the volume or character of pollutants being introduced by an indirect discharger as influent to that POTW at the time of issuance of the permit. 3. For purposes of this paragraph, adequate notice shall include information on (1) the quality and quantity of effluent introduced into the POTW, and (2) any anticipated impact that may result from the change of the quantity or quality of effluent to be discharged from the POTW. Section C. Municipal Control of Pollutants from Industrial Users. 1. Effluent limitations are listed in Part I of this permit. Other pollutants attributable to inputs from Industrial Users discharging to the POTW may be present in the Permittee's discharge. At such time as sufficient information becomes available to establish limitations for such pollutants, this permit may be revised to specify effluent limitations for any or all of such other pollutants in accordance with best practicable technology or water quality standards. 2. Prohibited Discharges a. The Permittee shall develop and enforce their Pretreatment Program to implement the prohibition against the introduction of pollutants or discharges into the waste treatment system or waste collection system which cause or contribute to Pass Through or Interference as defined in 15A NCAC 02H .0900 and 40 CFR 403. [40 CFR 403.5(a)(1)] b. The Permittee shall develop and enforce their Pretreatment Program to implement the prohibitions against the introduction of the following wastes in the waste treatment or waste collection system [40 CFR 403.5(b)]: (1) Pollutants which create a fire or explosion hazard in the POTW, including, but not limited to, wastestreams with a closed cup flashpoint of less than 140 degrees Fahrenheit or 60 degrees Centigrade using the test methods specified in 40 CFR 261.21; (2) Pollutants which cause corrosive structural damage to the POTW, but in no case discharges with pH lower than 5.0, unless the works is specifically designed to accommodate such discharges; (3) Solid or viscous pollutants in amounts which cause obstruction to the flow in the POTW resulting in Interference; (4) Any pollutant, including oxygen demanding pollutants (BOD, etc.) released in a Discharge at a flow rate and/or pollutant concentration which will cause Interference with the POTW; (5) Heat in amounts which will inhibit biological activity in the POTW resulting in Interference, but in no case heat in such quantities that the temperature at the POTW Treatment Plant exceeds 40°C (104°F) unless the Division, upon request of the POTW, approves alternate temperature limits; (6) Petroleum oil, non -biodegradable cutting oil, or products of mineral oil origin in amounts that will cause Interference or Pass Through; (7) Pollutants which result in the presence of toxic gases, vapors, or fumes within the POTW in a quantity that may cause acute worker health and safety problems; or (8) Any trucked or hauled pollutants, except at discharge points designated by the POTW. c. The Permittee shall investigate the source of all discharges into the POTW, including slug loads and other unusual discharges, which have the potential to adversely impact the Permittee's Pretreatment Program and/or the operation of the POTW. The Permittee shall report such discharges into the POTW to the Director or the appropriate Regional Office. Any information shall be provided orally within 24 hours from the time the Permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the Permittee becomes aware of the circumstances. The written submission shall contain a description of the discharge; the investigation into possible sources; the period of the discharge, including exact dates and times; if the discharge has not ceased, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance, Version 1110912011.1 NPDES Permit 3. With regard to the effluent requirements listed in Part I of this permit, it may be necessary for the Permittee t i supplement the requirements of the Federal Pretreatment Standards (40 CFR, Part 403) to ensure compliance b the Permittee with all applicable effluent limitations. Such actions by the Permittee may be necessary regarding some or all of the industries discharging to the municipal system. 4. The Permittee shall require any Industrial User (IU) discharging to the POTW to meet Federal Pretreatment Standards developed under Section 307(b) of the Act as amended (which includes categorical standards and specific local limits, best management practices and narrative requirements). Prior to accepting wastewater from any Significant Industrial User (SIU), the Permittee shall either develop and submit to the Division a new Pretreatment Program or, as necessary, a modification of an existing Pretreatment Program, for approval as required under section D below as well as 15A NCAC 02H .0907(a) and (b). [40 CFR 122.440)(2)] 5. This permit shall be modified, or alternatively, revoked and reissued, to incorporate or modify an approved POTW Pretreatment Program or to include a compliance schedule for the development of a POTW Pretreatment Program as required under Section 402 (b)(8) of the CWA and implementing regulations or by the requirements of the approved State pretreatment program, as appropriate. Section D. Pretreatment Prollrams Under authority of sections 307 (b) and (c) and 402(b)(8) of the CWA and implementing regulations 40 CFR 403, North Carolina General Statute 143-215.3(14) and implementing regulations 15A NCAC 02H .0900, and in accordance with the approved pretreatment program, all provisions and regulations contained and referenced in the pretreatment program submittal are an enforceable part of this permit. [40 CFR 122.440)(2)] The Permittee shall operate its approved pretreatment program in accordance with Section 402(b)(8) of the CWA, 40 CFR 403, 15A NCAC 02H .0900, and the legal authorities, policies, procedures, and financial provisions contained in its pretreatment program submission and Division approved modifications thereof. Such operation shall include but is not limited to the implementation of the following conditions and requirements. Terms not defined in Part II or Part IV of this permit are as defined in 15A NCAC 02H .0903 and 40 CFR 403.3. 1. Sewer Use Ordinance (SUO) The Permittee shall maintain adequate legal authority to implement its approved pretreatment program. [15A NCAC 02H .0903(b)(32), .0905 and .0906(b)(1); 40 CFR 403.8(f)(1) and 403.9(b)(1) and (2)] 2. Industrial Waste Survey (IWS) The Permittee shall implement an IWS consisting of the survey of users of the POTW collection system or treatment plant, as required by 40 CFR 403.8(f)(2)(i-iii) and 15A NCAC 02H .0905 [also 40 CFR 122.440)(1)], including identification of all Industrial Users that may have an impact on the POTW and the character and amount of pollutants contributed to the POTW by these Industrial Users and identification of those Industrial Users meeting the definition of SIU. Where the Permittee accepts wastewater from one or more satellite POTWs, the IWS for the Permittee shall address all satellite POTW services areas, unless the pretreatment program in those satellite service areas is administered by a separate Permittee with an approved Pretreatment Program. The Permittee shall submit a summary of its IWS activities to the Division at least once every five years, and as required by the Division. The IWS submission shall include a summary of any investigations conducted under paragraph C.2.c. of this Part. [15A NCAC 02H .0903(b)(13), .0905 and .0906(b)(2); 40 CFR 403.8(f)(2) and 403.9] 3. Monitoring Plan The Permittee shall implement a Division -approved Monitoring Plan for the collection of facility specific data to be used in a wastewater treatment plant Headworks Analysis (HWA) for the development of specific pretreatment local limits. Effluent data from the Plan shall be reported on the DMRs (as required by Parts II.D and II.E.5.). [15A NCAC 02H .0903(b)(16), .0906(b)(3) and .0905] 4. Headworks Analysis (HWA) and Local Limits The Permittee shall obtain Division approval of a HWA at least once every five years, and as required by the Division. Within 180 days of the effective date of this permit (or any subsequent permit modification) the Permittee shall submit to the Division a written technical evaluation of the need to revise local limits (i.e., an updated HWA or documentation of why one is not needed) [40 CFR 122.44]. The Permittee shall develop, in accordance with 40 CFR 403.5(c) and 15A NCAC 02H .0909, specific Local Limits to implement the prohibitions listed in 40 CFR 403.5(a) and (b) and 15A NCAC 02H .0909. Pursuant to 40 CFR 403.5, local limits are Version 1110912011.1 NPDES Permit Standard Conditions Page 17 of 18 ;nforceable Pretreatment Standards as defined by 40 CFR 403.3(1). [15A NCAC 02H .0903(b)(10), .0905, and 0906(b)(4)] Industrial User Pretreatment Permits (IUP) & Allocation Tables In accordance with NCGS 143-215.1, the Permittee shall issue to all Significant Industrial Users, permits for operation of pretreatment equipment and discharge to the Permittee's collection system or treatment works. These permits shall contain limitations, sampling protocols, reporting requirements, appropriate standard and special conditions, and compliance schedules as necessary for the installation of treatment and control technologies to assure that their wastewater discharge will meet all applicable pretreatment standards and requirements. The Permittee shall maintain a current Allocation Table (AT) which summarizes the results of the HWA and the limits from all IUPs. Permitted ]UP loadings for each parameter cannot exceed the treatment capacity of the POTW as determined by the HWA. [15A NCAC 02H .0906(b)(6), .0909, .0916, and .0917; 40 CFR 403.5,, 403.8(f)(1)(iii); NCGS 143-215.67(a)] Authorization to Construct WC) The Permittee shall ensure that an Authorization to Construct permit (AtQ is issued to all applicable Industrial Users for the construction or modification of any pretreatment facility. Prior to the issuance of an AtC, the proposed pretreatment facility and treatment process must be evaluated for its capacity to comply with all Industrial User Pretreatment Permit (IUP) limitations. [15A NCAC 02H .0906(b)(7) and .0905; NCGS 143- 215.1(a)(8)] 7. POTW Inspection & Monitoring of their IUs The Pennittee shall conduct inspection, surveillance, and monitoring activities as described in its Division approved pretreatment program in order to determine, independent of information supplied by Industrial Users, compliance with applicable pretreatment standards. [15A NCAC 02H .0908(e); 40 CFR 403.8(f)(2)(v)] The Permittee must: a. Inspect all Significant Industrial Users (SIUs) at least once per calendar year; b. Sample all Significant Industrial Users (SIUs) at least once per calendar year for all SIU permit -limited parameters including flow except as allowed under 15A NCAC .0908(e); and c. At least once per year, document an evaluation of any non -significant categorical Industrial User for compliance with the requirements in 40 CFR 403.3(v)(2), and either continue or revoke the designation as non- significant. 8. IU Self Monitoring and Reporting The Permittee shall require all Industrial Users to comply with the applicable monitoring and reporting requirements outlined in the Division -approved pretreatment program, the industry's pretreatment permit, or in 15A NCAC 02H .0908. [15A NCAC 02H .0906(b)(5) and .0905; 40 CFR 403.8(f)(1)(v) and (2)(iii); 40 CFR 122.440)(2) and 40 CFR 403.12] 9. Enforcement Response Plan (ERP) The Permittee shall enforce and obtain appropriate remedies for violations of all pretreatment standards promulgated pursuant to section 307(b) and (c) of the CWA (40 CFR 405 et. seq.), prohibitive discharge standards as set forth in 40 CFR 403.5 and 15A NCAC 02H .0909, specific local limitations, and other pretreatment requirements. All remedies, enforcement actions and other, shall be consistent with the Enforcement Response Plan (ERP) approved by the Division. [15A NCAC 02H .0903(b)(7), .0906(b)(8) and .0905; 40 CFR 403.8(f)(5)] 10. Pretreatment Annual Reports (PAR) The Permittee shall report to the Division in accordance with 15A NCAC 02H .0908. In lieu of submitting annual reports, Modified Pretreatment Programs developed under 15A NCAC 02H .0904 (b) may be required to submit a partial annual report or to meet with Division personnel periodically to discuss enforcement of pretreatment requirements and other pretreatment implementation issues. For all other active pretreatment programs, the Permittee shall submit two copies of a Pretreatment Annual Report (PAR) describing its pretreatment activities over the previous calendar year to the Division at the following address: Version 1110912011.1 NPDES,Permit NC DENR / Division of Water Resources / Water Quality Permitting Section Pretreatment, Emergency Response, and Collection Systems (PERCS) Unit 1617 Mail Service Center Raleigh, North Carolina 27699-1617 These reports shall be submitted by March 1 of each year and shall contain the following: a. Narrative A narrative summary detailing actions taken, or proposed, by the Permittee to correct significant non- compliance and to ensure compliance with pretreatment requirements; b. Pretreatment Program Summary (PPS) A pretreatment program summary (PPS) on forms or in a format provided by the Division; c. Significant Non -Compliance Report (SNCR) A list of Industrial Users (IUs) in significant noncompliance (SNC) with pretreatment requirements, and the nature of the violations on forms or in a format provided by the Division; d. Industrial Data Summary Forms (IDSF) Monitoring data from samples collected by both the POTW and the Significant Industrial Users (SIUs). These analytical results must be reported on Industrial Data Summary Forms (IDSF) or on other forms or in a format provided by the Division; e. Other Information Copies of the POTW's allocation table, new or modified enforcement compliance schedules, public notice of ][Us in SNC, a summary of data or other information related to significant noncompliance determinations for IUs that are not considered SIUs, and any other information, upon request, which in the opinion of the Director is needed to determine compliance with the pretreatment implementation requirements of this permit; It. Public Notice The Permittee shall publish annually a list of Industrial Users (Ns) that were in significant noncompliance (SNC) as defined in the Permittee's Division -approved Sewer Use Ordinance with applicable pretreatment requirements and standards during the previous twelve month period. This list shall be published within four months of the applicable twelve-month period. [15A NCAC 02H .0903(b)(34), .0908(b)(5) and .0905 and 40 CFR 403.8(f)(2)(viii)] 12. Record Keeping The Permittee shall retain for a minimum of three years records of monitoring activities and results, along with support information including general records, water quality records, and records of industrial impact on the POTW and shall retain all other Pretreatment Program records as required by 15A NCAC 02H .0908(f). [ 15A NCAC 02H .0908(f); 40 CFR 403.12(o)] 13. Pretreatment Program Resources The Permittee shall maintain adequate funding and qualified personnel to accomplish the objectives of its approved pretreatment program. and retain a written description of those current levels of inspection. [I 5A NCAC 02H .0906(b)(9) and (10) and .0905; 40 CFR 403.8(f)(3), 403.9(b)(3)] 14. Modification to Pretreatment Programs Modifications to the approved pretreatment program including but not limited to local limits modifications, POTW monitoring of their Significant Industrial Users (SIUs), and Monitoring Plan modifications, shall be considered a permit modification and shall be governed by 40 CFR 403.18, 15 NCAC 02H .0114 and 15A NCAC 02H .0907. Version 1110912011.1 Water Resources Environmental Quality July 14, 2017 CERTIFIED MAIL 7002 0860 0006 58361097 RETURN RECEIPT REQUESTED Mr. Bill Bailey, Town Administrator Town of Andrews P. O. Box 1210 Andrews, NC 28901-1210 Dear Mr. Baily: ROY COOPER Governor MICHAEL S. REGAN Secretary S. JAY ZIMMERMAN Director Subject: Request for Additional Information Renewal Application Andrews WTP NPDES permit NCO069892 Cherokee County The Division has reviewed your application, received on May 15, 2017, for renewal of NPDES permit NC0068861. To enable us complete our review in accordance with N.C.G.S. 143-215.1 and 15A NCAC 2H.0105, please provide additional or revised information to address the following comments: 1. Please provide five (5) days of Total Hardness (CaCO3 or (Ca + Mg)) data for the effluent at Outfall 001. 2. If flow is present in the receiving stream, please provide five (5) days of Total Hardness (CaCO3 or (Ca + Mg)) data upstream from Outfall 001. Review of our records indicates that there is no stream flow data available for the receiving stream. Please provide a 7Q10' and 30Q2 at the location of Outfall 001 [35.210556°,-83.836667°], for the unnamed tributary to Dan Holland Creek from the following contact with the US Geological Survey: J. Curtis Weaver, Hydrologist, PE USGS North Carolina Water Science Center 3916 Sunset Ridge Road Raleigh, NC 27607 Phone: (919) 571-4043 // Fax: (919) 571-4041 E-mail address -- jeweaver(d),usizs.gov Internet address -- http://nc.water.us s.gov/ The NC 2007-2014 Water Quality Standard (WQS) Triennial Review was approved by the NC Environmental Management Committee (EMC) on November 13, 2014. The US EPA subsequently approved the WQS revisions on April 6, 2016 with some exceptions. The NC Division of Water Resources is required to implement the new dissolved metal standards in all permits public noticed after April 6, 2016. The new standards for most metals include acute standards. Furthermore, the freshwater standards for several metals are expressed as the dissolved form of the metals, and seven metals have hardness - dependent equations. As a result, the Division will need site -specific effluent hardness data and instream State of North Carolina I Environmental Quality 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 919-707-9000 Mr. Bailey July 14, 2017 Page 2 of 2 hardness data, upstream of the discharge, for each facility monitoring these metals in order to calculate permit limitations. The metal of concern for this permit renewal is Copper. To evaluate dissolved Copper, a Reasonable Potential Analysis (RPA) was conducted using data from DMRs (Aug2014—May2017). Results indicated a reasonable potential to exceed the new dissolved metal standard for Copper. Consequently, the following daily maximum limits (acute standard) and monthly average limits (chronic standard) for Total Copper could be applied for this permit renewal: Parameter Outfall Monthly e L Daily Maximum Limit Copper 001 7.88 µg/L 10.47 µg/L To calculate these limits a default hardness of 25 mg/L was entered for both the effluent and upstream values. Additionally, a 7Q 10 of zero was used for this calculation. For a summary of this information, please see the attached "Dissolved to Total Metal Calculator". Incidentally, the additional information requested will be used in a recalculation for the draft permit. If no response is received within 60 calendar days [per 15A NCAC 2H.0107(b)], the permit will be renewed without the benefit of the requested additional information. Therefore, a default hardness of 25 mg/L and a 7Q10 of zero will be used to calculate effluent limits for Copper as indicated. If you have any questions, please contact Derek Denard at 919-807-6307 or email at derek.denardAncdenr. og_v. Sincerely, Derek Denard, Environmental Specialist Compliance & Expedited Permitting Unit Division of Water Resources, NCDEQ he: Central Files NPDES Program Files Ow9wimn Michael Lodd, Earth Environmental Services, 75 Bison Ln, Murphy, NC 28§06 ec: Landon Davidson [landon.davidson@ncdenr.gov] ceaderwynn@yahoo.com Date: 7/13/2017 in FACILITY: Town of Andrews - Andrews WTP NPDES PERMIT: NCO069892 Dissolved t0 Total Metal Calculator In accordance with Federal Regulations, permit limitations must be written as Total Metals per 40 CFR 122.45(c) Receiving Receiving Receiving Rec. Stream NPDES Total Suspended Combined ned Instream Effluent Water Resources ENVIRONMENTAL QUALITY June 6, 2017 Mr. Bill Bailey Town of Andrews PO Box 1210 Andrews, NC 28901 Subject: Permit Renewal Application No. NCO069892 Town of Andrews, Cherokee County Dear Mr. Bailey: ROY COOPER Governor MICHAEL S. REGAN Secretary S. JAY ZIMMERMAN Director The Water Quality Permitting Section acknowledges receipt of your permit application and supporting documentation received on June 05, 2017. The primary reviewer for this renewal . application is Derek Denard. The primary reviewer will review your application, and he will contact you if additional information is required to complete your permit renewal. Per G.S. 150B-3 your current permit does not expire until permit decision on the application is made. Continuation of the current permit is contingent on timely and sufficient application for renewal of the current permit. Please respond in a timely manner to requests for additional information necessary to complete the permit application. If you have any additional questions concerning renewal of the subject permit, please contact Derek at 919-807-6307 or Derek.Denard@ncdenr.gov. cc: Central Files NPDES slie%1e Iegior'al�Jffice Sincerely, ?am 07&end Wren Thedford Wastewater Branch State of North Carolina I Environmental Quality 1 Water Resources 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 919-807-6300 RECEIVED Division of Water Resources JUN - 9 2017 Water Quality Regional Operations Asheville Regional Office TPDES PERMIT APPLICATION - SHORT FORM C - WTP For discharges associated with water treatment plants RECEIVEMCDENWR Mail the complete application to: JUN 0 5 2017 N. C. Department of Environment and Natural Resources Division of Water Quality / NPDES Unit \Nater Quality 1617 Mail Service Center, Raleigh, NC 27699-1617 Permitting Section NPDES Permit Number INCOO (QK `f 2 If you are completing this form in computer use the TAB key or the up - down arrows to move from one field to the next. To check the boxes, click your mouse on top of the box. Otherwise, please print or type. 1. Contact Information: Owner Name j Q AAQV e_p_,5 S Facility Name ++ul c CA�'r P Mailing Address A, O City �&d, P e-0-0 S State / Zip Code / v (= as 9 � Telephone Number 2,' — 3 / Z� Fax Number 32A— e-mail Address Ce � rL nA 0 �,Ivo a 2. Location of facility producing discharge: Check here if same as above ❑ Street Address or State Road City An Ar ,. o . ,_< State / Zip Code i ounty 3. Operator Information: Name of the firm, consultant or other entity that operates the facility. Operator in Responsible Charge or ORC) (Note that this is not referring to the Name fy I 1 e,ltia Vl La 6, / Mailing Address city State / Zip Code Telephone Number Fax Number 4. Ownership Status: Federal ❑ / J 96 _16. State ❑ Private ❑ Public X Pagel /of 3 I Version 5/2012 F-7 WDES PERMIT APPLICATION - SHORT FORM C - WTP For discharges associated with water treatment plants -type of treatment plant: Conventional (Includes coagulation, flocculation, and sedimentation, usually followed by filtration and disinfection) ❑ Ion Exchange (Sodium Cycle Cationic ion exchange) 0 Green Sand Filter (No sodium recharge) ❑ Membrane Technology (RO, nanofiltration) Check here if the treatment process also uses a water softener ❑ 6. Descri tion of source waters (i.e. groundwater, surface water) 6_r ae' '�'rvL po o e `� 7. Describe the treatment process(es) for the raw water: (I So l '� (�� -�Co ce �r ova U-r B. Describe the wastewater and the treatment process(es) for wastewater generated by the facility: -tea O -f -i () 2, Se,`*l e.,-S 9. Number of separate discharge points: -9 Outfall Identification number(s) 6 (91 10. Frequency of discharge: Continuous ❑ Intermittent If intermittent: 7 .Days per week discharge occurs: Duration: 11. Plant design potable flowrate 2 4�MGD Backwash or reject flow MOO MGD 12. Name of receiving stream(s) (Prove e a map showing the exact location of e ch outfall, including latitude and longitudes Li,A 4 �t L, lre kdl Cre 13. Please .list all water treatment additives, including cleaning chemicals or disinfection treatments, that have the potential to be discharged. Alum / aluminum sulfate Yes No Page 2 of 3 Version 5/2012 NPDES PERMIT APPLICATION - SHORT FORM C - WTP For discharges associated with water treatment plants Iron sulfate / ferrous sulfate Yes No Fluoride Yes No Ammonia nitrogen / Chloramines Yes No Zinc -orthophosphate or sweetwater CP1236 Yes No List any other additives below: caLLsis, c- ,ter 14. Is this facility located on Indian country? (check one) Yes ❑ No 15. Additional Information: Provide a schematic of flow through the facility, include flow volumes at all points in the water treatment process. The plan should show the point[s] of addition for chemicals and all discharges routed to an outfall [including stormwater]. Solids Handling Plan--• A -a- Sb M-"/Vt' t'S f4- ..1 My w !1 t 40 16. NEW Applicants Information needed in addition to items 1-15. > New applicants are highly encouraged to contact a permit coordinator with the NCDENR Customer Service Center. Was the Customer Service Center contacted? ❑ Yes ❑ No Analyses of source water collected Engineering Alternative Analysis Discharges from Ion Exchange and Reverse Osmosis plants shall be evaluated using a water quality model. 17. Applicant Certification I certify that I am familiar with the information contained in the application and that to the best of my knowledge and belief such information is true, complete, and accurate. U ea\ r Printe o Per n �S*ing _ Title Date North Carolina General Statute 143-215.6 (b)(2) providesIMF-Aor person who knowingly makes any false statement representation, or certification in any application, record, report, plan, or other document files or required to be maintained under Article 21 or regulations of the Environmental Management Commission implementing that Article, or who falsifies, tampers with, or knowingly renders inaccurate any recording or monitoring device or method required to be operated or maintained under Article 21 or regulations of the Environmental Management Commission implementing that Article, shall be guilty of a misdemeanor punishable by a fine not to exceed $25,000, or by imprisonment not to exceed six months, or by both. (18 U.S.C. Section 1001 provides a punishment by a fine of not more than $25,000 or imprisonment not more than 5 years, or both, for a similar offense.) Page 3 of 3 Version 5/2012 Permit NC0069R92 Quad: Andrews, N.C. Facility Stream Class: C-Trout Town Of �---•—`�-'�� _. Subbasin:40502 Andrews WTP Location Latitude: 35°12'38" Longitude: 83060'12" (�Id Receiving Stream: UT Dan Holland Creek �ot#A ! Cherokee Co County Page 7 of 7 APrm;r 7%TpAA,<OQ07 F a c-'-=� � ` `- , - '�"j � '� . b• �' � T tom-- 7 I ;•_ `,.,,A..3 �`-.�� .. 3,,�,. ��d - .n' f � t .� �{ t \, • e..Y �'I �• r Jam. ; rr� I` �o �� �..(� .ice e 0. 7 h �rD l D d• T f /' A • � f,� PA ec" S 28 ,n'G ' �� � -CANT ��\ a e •�@ • �o � l ' �... ,�.....-..,,, ` � � ���. $t .s -- •>f?ANK • e ' �.�° ♦ �~o..• , ;'-• ° to �� "' ; • cos ." � �%�`• ( ! hi ; - �-�1 El~ :.. $p nip, •13 -��_ -, �, I•� ..sue � - 1 �•,� �k�} ,,.\ '\` • 1, ' • 7�...G} �I., ` t '7_� `S f� FV � ' � `jam-•L..�.. ��_•-,--,r • �j"`�, (' . / ,, Quad: Andrews, N.C. Stream Class: C-Trout Town ®f Facility Location— Subbasin:40502 Andrews WT•P Latitude: 35012'38" Longitude: 830501 T Receiving Stream: UT Dan Holland Creek N00069892 Cherokee CourltV Page 7 of 7 Certified Mail # 7015.1520 0003 5463 1094 Return Receipt Requested October 05, 2016 Ed Burchins, Town Administrator Town of Andrews PO Box1210' Andrews, NC 28901 SUBJECT: NOTICE OF VIOLATION Tracking Number: NOV-2016-PC-0508 Permit No. NCO069892 Andrews WTP Cherokee County Dear Permittee: The North Carolina Division of Water Resources conducted an inspection of the Andrews WTP on September 26, 2016. This inspection was conducted to verify that the facility is operating in compliance with .the conditions and limitations specified in NPDES WW Permit No. NC0069892. A summary of the findings and comments noted during the inspection are provided in the enclosed copy of the inspection report. The Complaint inspection was conducted by Division of Water Resources staff from the Asheville Regional Office. The following violation(s) were noted during the inspection: Inspection Area Description of Violation Effluent Pipe White -grey deposition, a very low pH and an excessive brown coating on the rocks were documented at the effluent flow, confluence with the receiving stream. Upstream / Downstream Non -compliant instream standards documented; 15A NCAC 0213.0211 (1), (2), (8), (12), (14). Sampling Secondary Clarifier Slight scum/foam layer present. Floating sludge apparent. Operations & Maintenance Staff stated the basins solids level was 3.5-4.5'. pH was 3.5 s.u. State of North Carolina I Environmental Quality I Water Resources C „ 2090 U.S. 70 Highway, Swannanoa, NC 28778 n 828-296-4500 �sw Remedial actions should have already been taken to correct this problem and prevent further occurrt:nces in the future. The Division of Water Resources may pursue enforcement action for this and any additional V14lations of State law. To prevent further action, please respond in writing to this office within 15 days upon your receipt of this Notice of Violation regarding your plans or measures to be taken to address the indicated violations and other identified issues, if applicable. If you should have .any questions, please do not hesitate to contact Linda Wiggs with the Water Quality Regional Operations Section in the Asheville Regional Office at 828-296-4500. Sincerely, G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDEQ Cc: Asheville-Regional.O&tce---,' NPDES Compliance/Enforcement Unit G:\WR\WQ\Cherokee\Wastewater\Municipal\Andrews Water Plant 69892\NOV-2016-PC-0508.pH incident.docx State of North Carolina I Environmental Quality I Water Resources 2090 U.S. 70 Highway, Swannanoa, NC 28778 828-296-4500 SCALE 1:24000 4000 FEET 11' 00.00" N 035° 11' 30.00" N 035° 12' 00.00" N 035° 12' 30.00" N 035° 13' 00.00" N 035' 13' 30.00" ti jj• . s ;p &�� f y��� � � ♦ • r.. 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N 035° 12' 00.00" N 035° 12' 30.00" N 035° 13' 00.00" N 035° 13' 30.00" Regional Supervisors Coastal Region: Districts 1,2,4 Chad Thornas- 252-335-4961 (Office) 252-339-5898 (Celi) Piedmont Region: Districts 3,5,6 Vacant- (Office) (Cell) Mountain Region: Districts 7,8,9 Doug Sesier- 828-659-3324 X 221 (Office) 919-818-7886 (Cell) District 8 Fish Bio - Christopher Wood Office: 828-437-3003 Cell: 828-6744816 Management and Fish District Biologists District 7 District 5 District 3 District i Fish Sic, -Kin Hodges Fish Sio - Jessica Baumann Fish Bio - Kirk Rundle Fish Blo - Katy Potoka Office: 336-443-9436 Office: 336-270-3746 Office: 252-903-7744 Office: 252-548-4933 Cell: 828-234-5853 Cell: 919-218-1434 Cell: 252-903-7744 Cell: 252-548-4933 STON CLAY ',, District 9 district 6 Fish S'so - Powell Wheeler Fish Bio - Lawrence Dorsey Office: 828-558-6013 Office: 704-986-6109 Cell: 828-230-8739 Cell: 704-984-0600 5 1 Ma�Jne__Fpheries--1 �--800-582-2632 , . O'Suk.' ON A v,GU1=RV` ZV Z AT,,=LPH' 'CHATIMA V,'� ''ROAVAN '6 EQ Mobrf- , MGUM UNION ANS District 4 Fish Bio — Michael Fisk Office: 919-758-9024 Cell: 919-758-9024 PITT- SEAOFORT (ONES. VARL N Up ONSLOW PENDER Updated: 2/24/2016 District 2 Fish Bio — Ben Ricks Office: 252-229-0170 Cell: 252-229-0170 Regional Supervisors Coastal Region: Districts 1,2,4 Chad Thomas- 252-335-4961 (Office) 252-339-5898 (Cell) Piedmont Region: Districts 3,5,6 Vacant- (Office) (Cell) Mountain Region: Districts 7,8,9 Doug Besier- 828-659-3324 X 221 (Office) 919-818-7886 (Cell) Diistrict 8 Fish Sio - Christopher'Wood Office: 828-437-3003 Cell: 828-674-4816 pmew-114 a _'VN R4WOODSWA[W K 14- CHEROKEUC hi w eckyi Management and Fish District Biologists District 7 District 5 District 3 District I Fish Bio - Kin Hodges Fish Blo - Jessica Baumann Fish Bio - Kirk Rundle Fish Bio - Katy Potoka Office: 336-443-9436 Office: 336-270-3746 Office: 252-903-7744 Office: 252-548-4933 Cell: 828-234-5853 Cell: 919-218-1434 Cell: 252-903-7744 Cell: 252-548-4933 PERSON,, p, 0 lu RANDDO HATHAM T_ Mo.. District 9 UNION, I ANSON 2", District 6 Fish Bio - PovjeH Wheeler Fish Bio - Lawrence, Dorsey Office: 828-558-6013 Office: 704-986-6109 Cell: 828-230-8739 Cell: 704-984-0600 Fish Bio — Michael Fisk Office: 919-758-9024 Cell: 919-758-9024 2 §bL -4 Marine Fi eries..�-800-Q82-2632 I VMS PITY- SEAL ENOIR RA )ONES. DUPLIN 014S PEATIER District 2 Fish Bio — Ben Ricks Office: 252-229-0170 Cell: 252-229-0170 Updated: 2/24/2016 AJ*A NC®ENR North Carolina Department of Environment and Pat McCrory Governor Mr. Bill Green, Town Manager Town of Andrews PO Box 1210 Andrews, NC 28901 Dear Mr. Green: Division of Water Quality Thomas A. Reeder Acting Director September 26, 2013 Natural Resources John E. Skvarla, III Secretary Subject: Compliance Evaluation Inspection Town of Andrews Water Treatment Plant Wastewater System Permit No: NCO069892 Cherokee County Enclosed please find a copy of the Compliance Evaluation Inspection report from the inspection conducted on September 24, 2013. The facility was found to be in compliance with permit NC0069892. Please refer to the enclosed inspection report for additional observations and comments. If you or your staff should have any questions, please call me at (828) 296-4500 extension 4662. Sincerely, Wanda P. Frazier Environmental Specialist Enclosure cc: Mike Ladd, ORC — Earth Environmental Services Inc. Central Files JN1KsJ-5--0-U'Ufe1Fil�s G:\WQ\SWP\Cherokee\Wastewater\Municipal\Andrews Water Plant 69892\CEI. 9-24-13.doc SURFACE WATER PROTECTION SECTION — ASHEVILLE REGIONAL OFFICE One 2090 U.S. Highway 70, Swannanoa, North Carolina 28778 NorthCarolina Phone: 828-296-4500 FAX: 828-299-7043 �y y, Internet: www.ncwaterquality.org •191\ An Equal Opportunity \ Affirmative Action Employer United States Environmental Protection Agency Form Approved. EPA Washington, D.C. 20460 OMB No. 2040-0057 Approval expires 8-31-98 Section A: National Data System Coding (i.e., PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 IN I 2 1 5 I 3 I NC0069892 111 121 13/09/24 117 18I C I 19I S I 201 I J Remarks 2111111111IIIIIIII IIIIII11IIII IIIIIIIIIIII11111 Li6 Inspection Work Days Facility Self -Monitoring Evaluation Rating B1 QA ---------------------Reserved— -------- ------ — 67I 1.0 169 70 13 I 71 IU 72 I N I 73 W 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) 01:40 PM 13/09/24 07/11/01 Andrews WTP Exit Time/Date Permit Expiration Date Holland Farm Rd NCSR 1385 Andrews NC 28901 02:40 PM 13/09/24 12/08/31 Name(s) of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data Michael J. Ladd/ORC/828-479-6428/ Name, Address of Responsible Official/Title/Phone and Fax Number Contacted William Green,PO Box 1210 Andrews NC 289011210//828-321-3113/ No Section C: Areas Evaluated During Inspection (Check only those areas evaluated) Permit 0 Operations & Maintenance 0 Records/Reports Facility Site Review Effluent/Receiving Waters Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s) and Signature(s) of Inspector(s) Agency/Office/Phone and Fax Numbers Date Wanda P Frazier ARO WQ//828-296-4500 Ext.4662/ Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date EPA Form 3560-3 (Rev 9-94) Previous editions are obsolete. Page # 1 NPDES yr/mo/day Inspection Type 3 NCO069892 I" 121 13/09/24 117 18I d (cont.) Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) WWTP class: I Physical Chemical (classified 8-17-2001) The wastewater system for the water plant discharge of filter backwash consists of: liquid calcium thiosulfate dechlorination feed system with a 150 gallon chemical storage tank; 7500 gallon backwash water pump station with dual 14.00 gpm 40 HP pumps; dual 206,000 gallon clarifier tanks, used as sludge thickeners; dual 100 gpm 1 HP decant pumps; tanker pump sludge withdrawal port (2-inch); and 4-inch effluent discharge line. The old wastewater lagoon has been closed and vegetation has been established. Authorizations to Construct: Issued 3-24-2009 for replacement of the alum sludge lagoon. Michael Dowd, P.E. cert. 3-6-2009; McGill Associates. For the installation of a new 7,500 gallon backwash water pump station with dual 1400 gpm 40 HP pumps; conversion of the two existing 206,000 gallon clarifier tanks, to be used as sludge thickeners, with dual 100 gpm 1 HP decant pumps in each; and a new 4-inch effluent discharge line. Issued on 3-11-2009 for the installation of a new dechlorination system utilizing calcium thiosulfate. (Note: The new water plant came on-line in 2007.) Permit: The permit was modified on 4-9-2009 to extend the deadline for the new TRC limit of 17 ug/I. This limit was extended to become effective Sept 1, 2009. The permit renewal application was received by the Division on 6-11-13. Bob Sledge is the reviewer. Please continue to operate under the existing permit until a new one has been issued. Responsible official: "Bill" William Green Responsible "'s title: Town Manager Mailing address: PO Box 1210; Andrews, NC 28901 Phone numbers: 828-321-3113 Bill Green 828-360-6401 Michael Ladd, ORC - cell 828-321-3006 " 828-321-3126 Bill Bateman, Water Plant Superintendent Page # 2 Permit: NCO069892 Owner - Facility: Andrews WTP Inspection Date: 09/24/2013 . Inspection Type: Compliance Evaluation Operator information: ORC: Michael Ladd — PC 1 Cert. # 985833 BU ORC: Christopher M. Ladd — PC 1 Cert. # 985834 Inspection Summary: The wastewater treatment system appears to be well operated and maintained. The receiving waters appeared clear, indicating compliance with permit limits. The time and assistance of Mike Ladd, during the inspection, was greatly appreciated. Page # 3 Permit: NCO069892 Owner -Facility: And.•-__= WTP Inspection Date: 09/24/2013 Inspection Type: Compliance Evaluation Permit Yes No NA NE (If the present permit expires in 6 months or less). Has the permittee submitted a new application? ■ n n n Is the facility as described in the permit? fl Q N 0 # Are there any special conditions for the permit? n ■ n n Is access to the plant site restricted to the general public? ■ fl ❑ n Is the inspector granted access to all areas for inspection? ■ ❑ ❑ 0 Comment: Permit does not indicate treatment units. Operations $ Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? ■ fl fl • fl Does the facility analyze process control parameters, for ex: MLSS, MCRT, Settleable Solids, pH, DO, Sludge n n ■ n Judge, and other that are applicable? Comment: De -chlorination Yes No NA NE Type of system ? Liquid Is the feed ratio proportional to chlorine amount (1 to 1)? D 0 ■ 0 Is storage appropriate for cylinders? n fl ■ n # Is de -chlorination substance stored away from chlorine containers? ■ D ❑ D Comment: Are the tablets the proper size and type? fl ❑ ■ fl Are tablet de -chlorinators operational? 0 ❑ ■ rl Number of tubes in use? Comment: Page # 4 R 4 NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Governor Charles Wakild, P. E. Director August 8, 2012 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7010 2780 William Green, Town Manager Town of Andrews PO Box 1210 Andrews, NC 28901 Subject: Assessment of Civil Penalty for Violations of Reporting Town of Andrews WTP NPDES Permit NCO069892 Case Number RV-2012-0001 Cherokee County Dear Mr. Green: Dee Freeman Secretary w g. AUG - 9 2012 1MC, life entS ATER QUALITY SECTION � ASHEVILLLE REGIONAL. OFFICE 4 This letter transmits notice of a civil penalty assessed against the Town of Andrews WTP in the amount of '$600.00 ($500.00 civil penalty + $100.00 in enforcement costs). This assessment is based upon the following facts: 1. On January 26, 2012 an email (See attached documents) was sent to you by Mr. Charles Weaver explain the Federal Clean Water Act requirement that you submit a permit renewal permit for NPDES NC0069892. The email stated, "The NPDES permit for the Andrews WTP expires on August 31, 2012. This notice is being sent to explain the requirements for your permit renewal application. Federal (40 CFR 122) and state (15A NCAC 2H.0105 (e)) regulations require that permit renewal applications be filed at least 180 days prior to expiration of the current permit. Your renewal application is due to the Division no later than March 4, 2012. Failure to apply for renewal by the appropriate deadline can result in a civil penalty assessment or other enforcement activity at the discretion of the Director. If your facility is still discharging any wastewater, this permit must be renewed. Discharge of wastewater without a valid permit violates North Carolina General Statute 143-215.1 and could result in assessment of civil penalties of up to $25,000 per day. Use the attached checklist to complete your renewal package. The checklist identifies the items you must submit with the permit renewal application. If all wastewater discharge has ceased at this facility and you wish to rescind this permit, simply reply to this message. 2. On May 14, 2012, a second email (See attached documents) was sent to you by Mr. Charles Weaver stating, "The NPDES permit for the Andrews WTP expires on August 31, 2012. Federal (40 CFR 122) and state (15A NCAC 21-1.0105 (e)) regulations require that permit renewal applications be filed at least 180 days prior to expiration of the current permit. 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 Phone: 919-807-63001 FAX: 919-807-6492 Internet: www.ncwaterguality.org An Equal Opportunity 1 Affirmative Action Employer OIle Noi-thCarolina Naturally f To satisfy this requirement, your renewal package should have been sent to the Division postmarked no later than March 4, 2012. The Division has not received a renewal request for the subject permit. This is a violation of your permit at Part II. B. 10., which states {"Any permittee that 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.".) In order to prevent an assessment of civil penalties you must submit a completed permit application (see - enclosed forms) no later than May 29, 2012. Use the enclosed checklist to complete your renewal package. The checklist identifies the items you must submit with the permit renewal application. If you wish to rescind the permit, simply reply to this message. 3. As of August 8, 2012, the Division of Water Quality has not received your NPDES permit renewal application from the Town of Andrews WTP, NPDES NC0069892 Based upon the above facts, I conclude as a matter of law that the Town of Andrews WTP violated or failed to act in accordance with the requirements of NPDES Permit NC0069892 and Federal (40 CFR 122) and state (15A NCAC 2H.0105 (e)) regulations. A civil penalty of not more than $25,000.00 per violation may be assessed against a person who fails to file, submit, or make available any documents, data, or reports required by 15A NCAC 2H.0105. The State's enforcement costs in this matter may be assessed pursuant to G.S. 143-215.3(a) (9) and G.S. 143-282.1(b) (8). Based upon the above findings of fact and conclusions of law, and pursuant to the authority delegated to me by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Quality, I hereby make the following civil penalty assessment against the Town of Andrews WTP: $ $500.00 for failing to submit the Permit Renewal Application for NPDES Permit NC0069892 that is scheduled to expire on August 31, 2012. $ $100.00 Investigation Costs $ $600.00 TOTAL AMOUNT DUE Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty, I have taken into account the Findings of Facts and Conclusions of Law and have considered each and every specific factor set out in G.S. 143B-282.1(b), which are: (1) The degree and extent of harm to the natural resources of the State, to public health, or to private property resulting from the violation; (2) The duration and gravity of the violation; (3) The effect on the ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; (6) Whether the violation was committed willfully or intentionally; (7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and (8) The cost to the State of the enforcement procedures. Within thirty days of receipt of this notice, you must do one of the following: 1. Submit payment of the penalty: Payment should be made directly to the order of the Department of Environment and Natural Resources (do not include waiver form). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). Please submit payment to the attention of: Poii >urce Branch Divi.,.— of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 OR 2. Submit a written request for remission or mitigation including a detailed justification for such request. A request for remission or mitigation is limited to consideration of the reasonableness of the amount of the penalty and is not the proper procedure for contesting the accuracy of any of the statements contained in the assessment letter. Because a remission request forecloses the option of an administrative hearing, such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation that there are no factual or legal issues in dispute. You must execute and return to this office the attached waiver and stipulation form and a detailed statement, which you believe establishes whether: (a) one or more of the civil penalty assessment factors in G.S. 14313-282.1(b1 were wrongfully applied to the detriment of the petitioner; (b) the violator promptly abated continuing environmental damage resulting from the violation; (c) the violation was inadvertent or a result of an accident; (d) the violator had been assessed civil penalties for any previous violations; (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Please submit this information to the attention of: Point Source Branch Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Please note that all information presented in support of a request for remission must be submitted in writing. The Director of the Division of Water Quality will review the information during a bimonthly enforcement conference and inform you of his decision in the matter of the remission request. His response will provide details regarding case status, directions for payment and provision for further appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty Remissions. Please be advised that the Committee cannot consider information that was not part of the original remission request considered by the Director and therefore, it is very important that you prepare a complete and thorough statement in support of your request for remission. OR Submit a written request for an administrative hearing: If you wish to contest any statement in this assessment letter, you must request an administrative hearing. This request must be in the form of a written petition to the Office of Administrative Hearings and must conform to Chapter 150B of the North Carolina General Statutes. You must: File your original petition with the Office of Administrative Hearings 6714 Mail Service Center Raleigh, North Carolina 27699-6714 and Mail or hand -deliver a copy of the petition to General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh, North Carolina 27699-1601 Please indicate the case number (as found on page one of this letter) on the petition. Failure to exercise one of the options above within thirty days as evidenced by a date stamp (not a postmark) indicating when we received your response, will result in this matter being referred to the Attorney General's Office with a request to initiate a civil action to collect the penalty. Please be advised that additional assessments may be levied for violations that occur after the review period of this assessment. If you have any questions concerning this matter, please contact Mr. Bob Guerra at (919) 807-6387 or email at bob.guerra ncdenr.gov. Since "ely, John Hennessy Supervisor, NPDES Program Attachments cc: TARO Surface Water Protection, Chuck Cranford,. Supervisor Enforcement File w/attachments Central Files w/attachments DIVISION (. VATER QUALITY - CIVIL PENALT'_ _ __SSESSMENT Violator: County: Case Number: Town of Andrews WTP NC0069892 Cherokee RV-2012-0001 ASSESSMENT FACTORS 1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation; 2) The duration and gravity of the violation; 3) The effect on ground or surface water quantity or quality or on air quality; 4) The cost of rectifying the damage; 5) The amount of money saved by noncompliance; 6) r Whether the violation was committed willfully or intentionally; 7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and 8) ' The cost to the State of the enforcement procedures. ❑The assessment factors listed above were considered. However, since this case pertains to the X non -submittal of required information, impacts areunbiqwn. d" z_ Date Unit STATE OF NORTH CAROLINA COUNTY OF CHEROKEE IN THE MATTER OF ASSESSMENT OF CIVIL PENALTIES AGAINST TOWN OF ANDREWS WTP NPDES PERMIT NCO069892 DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES WAIVER OF RIGHT TO AN ADMINISTRATIVE HEARING AND STIPULATION OF FACTS FILE NO. RV-2012-0001 , Having been assessed civil penalties totaling $600.00 for violation(s) as set forth in the assessment document of the Division of Water Quality dated August 8, 2012 the undersigned, desiring to seek remission of the civil penalties, does hereby waive the right to an administrative hearing in the above -stated matter and, does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the Director of the Division of Water Quality within 30 days of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after 30 days from the receipt of the notice of assessment. This the day of I_36GN= TELEPHONE rIVIM 2012. Guerra, Bob From: Weaver, Charles Sent: Thursday, August 02, 2012 10:34 AM To: Guerra, Bob Subject: FW: renewal application for NPDES permit NCO069892 is OVERDUE Attachments: checklist.doc; ShortFormC-WTP-20090710.doc Importance: High I sent this reminder on May 14tn Nothing yet.: CHW From: Weaver, Charles Sent: Monday, May 14, 2012 2:45 PM To: 'townmanager@andrewsnc.com' Cc: 'mayor@andrewsnc.com'; Menzel, Jeff. Subject: FW: renewal application for NPDES permit NCO069892 is OVERDUE Importance: High The NPDES permit for the Andrews WTP expires on August 31, 2012. Federal (40 CFR 122) and state (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, your renewal package should have been sent to the Division postmarked no later than March.4, 2012. The Division has not received a renewal request for the subject permit. This is a violation of your permit at Part II. B. 10., which states "Any permittee that has not requested renewal at least 180 days prior to expiration... will subject the permittee to enforcement procedures as provided in NCGS 143- 215.E and 33 USC 1251 et. seq.". In order to prevent an assessment of civil penalties you must submit a completed permit application (see enclosed forms) no later than May.29, 2012. Use the enclosed checklist to complete your renewal package. The checklist identifies the items you must submit with the permit renewal application. If you wish to rescind the permit, simply reply to this message. Charles H. Weaver NPDES Unit From: Weaver, Charles Sent: Thursday, January 26, 2012 11:31 AM To: townmahager(Ebandrewsnc.com Cc: mayor@andrewsnc.com Subject: renewal notice for NPDES permit NCO069892 Importance: High The NPDES`permit for the Andre WTP expires on August 31, 2012. Th )tice is being sent to explain the requirements for your permit renewal application. Federal (40, CFR 122) and state (15A NCAC 2H.0105 (e)) regulations require that permit renewal applications be filed at least 180 days prior to expiration of the current permit. Your renewal application is due to the Division no later than March 4, 2012. Failure to apply for renewal by the appropriate deadline can result in a civil penalty assessment or other enforcement activity at the discretion of the Director. If your facility is still discharging any wastewater, this permit must be renewed. Discharge of wastewater without a valid permit violates North Carolina General Statute 143-215.1 and could result in. assessment of civil penalties of up to $25,000 per day. Use the attached checklist to complete your renewal package. The checklist identifies the items you must submit with the permit renewal application. If all wastewater discharge has ceased at this facility and you wish - to rescind this permit, simply reply to this message. Charles H. Weaver NPDES Unit Messages sent to or from this address are subject to the North Carolina Public Records Law. McGidl A S S O C I A T E S November 5, 2008 Ms. Janet Cantwell North Carolina Department of Environment and Natural Resources Division of Water Quality 2090 United States Highway 70 Swannanoa, North Carolina 28778 Dear Ms. Cantwell: DIE -.ME� i NOV - 6 2008 WATER QUALITY SECTION ASHEVILLE REGIONAL OFFICE RE: Plan of Action Town of Andrews Water Plant Sludge Lagoon Cherokee County, North Carolina On behalf of the Town of Andrews, we are submitting the attached "Action Plan" to address the concerns with the sludge lagoon at the Town's water treatment plant. This Action Plan is in response to the Notice of'Violation (NOV) dated September 17, 2008, issued by the North Carolina Division of Water Quality (NCDWQ) to the Town. If you have any questions, please contact either Bill Green at the Town of Andrews, or me. Sincerely, McGILL ASSOCIATES, P.A. MICHAEL T. qDO, P.E. Project Manager Enclosure Cc: Bill Green, Town of Andrews Mike Waresak, McGill Associates P:2008/08.00368/jc0nov08.doc E n g i n e e r i n g P l a n n i n g F i n a n c e McGill Associates, P.A. P.O. Box 2259, Asheville, NC 28802 • 55 Broad Street, Asheville, NC 28801 828-252-0575 • Fax: 828-252-2518 Andrews .Water Treatment Plant Alum Sludge Lagoon Action Plan November 4, 2008 1. Relieve pressure on failing dam and slow down erosion of breached area Town staff to work on valves in existing concrete outlet structure in order to drain top layer of water through the existing drain line. Materials have been ordered to assist with valve repair and work should begin within 7 days. Construction sequence: Drain valve will be rendered operable first to ensure flow through drain pipe can be stopped if it is determined that the line under the dam is broken. Assuming this valve can be operated, the shallowest of the four (4) influent valves will be worked on to restore operability so that water can be released from the pond into the, outlet structure in a controlled manner. This valve will then be used to decant backwash water from the treatment plant as needed until flow to the pond can be re-routed. In the event that the upper most influent valve cannot be opened to allow water to be drained from the lagoon, a siphon will be constructed to decant water from the top of the lagoon into the outlet structure and subsequently to the outlet pipe. In the event that the drain pipe valve cannot be operated and/or the drain pipe is compromised under the dam, the siphoned flow will be routed over the top of the dam and to the stream below. 2. Temporarily re-route backwash water and drain water from WTP to old contact clarification basins. Town to rent portable pumps and storage tank to collect and pump backwash and drain water to existing clarifiers. Piping and valves will be installed to permit sequencing of the clarifiers to allow settling and decant operations to be implemented. Decant water to be routed to existing stream via roadside drainage ditch. Sludge removal, as required will be contracted by Town. 3. Remove and Dispose of alum sludge from lagoon (by Town) 4; Evaluate replacement of dam versus permanent use of clarifiers a. Available town owned property must be verified to determine if sufficient area exists to remove and re -build dam along with necessary erosion control measures without purchase of additional property. b. If dam replacement is technically feasible, cost of this option will be compared to cost of permanent pump station and conversion of existing clarifiers to sludge holding basins. 5. Prepare plans and specifications for permitting, bidding and construction of selected permanent solution. 1-McGM A S S O C I A T E S October 14, 2008 Ms. Janet Cantwell North Carolina Department of Environment and Natural Resources Division of Water Quality 2090 United States Highway 70 Swannanoa, North Carolina 28778 Dear Ms.- Cantwell: D OCT 1 5 2008 WATER QUALITY SECTION HEVILLE REGIONAL OFFIC RE: Town of Andrews Water Plant Sludge Lagoon Cherokee County, North Carolina On behalf of the Town of Andrews, we are submitting this initial response to the Notice of Violation (NOV) dated September 17, 2008, issued by the North Carolina Division of Water Quality (NCDWQ) to the Town. The NOV pertains to the Town's water treatment plant, specifically related to concerns over the Town's operation and maintenance of the sludge lagoon. The Town has requested that McGill Associates prepare, on their behalf, a Plan of Action to address the concerns outlined in the NOV. We anticipate the submittal of a general Plan of Action by October 24, 2008. if you have any questions, please do not hesitate to contact us. Sincerely, McGILL ASSOCIATES, P.A. MIKE WARESAK, P.E. Senior Project Manager Cc: Bill Green, Town of Andrews Danny Bridges, McGill Associates O:/mike waresak/proposals/Andrews/wtp sludge lagoon/mcl4octKdoc E n g i n e e r i n g 9 P l a n n i n g 0 F i n a n c e McGill Associates, P.A. • P.O. Box 2259, Asheville, NC 28802 • 55 Broad Street, Asheville, NC 28801 828-252-0575 • Fax: 828-252-2518 ■ 'Corttplete items 1, 2, and 3. ■ 'print your name and address on the reverse so that we can return the card to you. %—^; ;;;a., �'-°----.+-•--.�..._h��l��,f_the-mailDIeCe,__ M�,ayor Nancy Curtis ,Town of Andrews Post Office Box 1210 Andrews, NC 28901-1210 II'Illll�lllnntll�IIIII�'�Ilililt��ltill�l�nnul'�I�I 34 by (Printe Narr k 4ry address differer enter O ery adds .ti CID 0 3. 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Domestic Return USPS TRACKIN., # First -Class Mail Postage & Fees Paid USPS Permit No. G-10 9590 9402 2119 6132 6492 15 United States Postal Service • Sender: Please print your name, address, and ZIP+4® in this box• JANET CANTWELL NCOEO-OWR-WOROS 7090 U.S. HIGHWAY 70 SWANNANOA NC 28778 ■ Complete items 1, 2, and 3. 11 A. ? nc�ature ■ Print y6ur name and address on the reverse r; n' , �/J 0 Agent so that we can return the_card to vou. �e�� `�"_O AddresseE Bill Bailey, Town anager I �� Town of Andrews ._ = delivery aer #rori e Post Office Box 1210 �'ES, enW n_ Maddressmelo Andrews, NC 28901-1210 II'Illll�lllntnll�lllll�'�Ililtli��ltill�l�ininit�l�l��ll '�� JUN 2 9 2017 —1 3. ervic p6 i, r Ity Mall Exp ess@ ❑A ultSignatureAss RegCr&! 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Article Number (f a�nsfer from service label ❑ Collect on Delivery Restricted Delivery ❑ Signature Confirmation" , , ❑ Signature Confirmation ' 7 Oi16i�]!i3 90 i �0 6 5 71 a ail 8 3 lip Restrictetl Delivery Ip Restricted Delivery 0�01 0I ?S Fnrm;3R;l1 11ily gnis PRN 7.FRt1_n9-nnn-9nsn .M nAiA_ n»i 10 Domestic Return Re lot First -Class Wail Postage & Pees Paid USPS Permit No. G-10 United States • -Sender: Please print your name, address, and ZIP+4® in this Postal Service _-_-_ JANET CANTWELL NCDEO-0WR-WOROS 2090 U.S. HIGHWAY 70 SWANNANOA NC 28778 Complete items 1, 2, and 3. n North Carolina Department of Environmental Quality Division of Water Resources Water Quality Operations Section 2090 U.S. Highway 70 --- leli72 very ad Swannanoa, NC 28778 lES, enter Ed Burchins, Town Administrator Town of Andrews Post Office Box 1210 Andrews, NC 28901-1210 II I IIIIII IIII III I I I1 �11 Illll�llllll�lfllllllll-- 9590 9403 0672 5196 9545 93 finis ❑ Collect on 7015 52d ` 0003 5=46`3 10`94` 1,i �G 1=nrm RR 1 . 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