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HomeMy WebLinkAboutNCG500218_Regional Office Physical File Scan Up To 6/2/2020 6. J G ( , Weaver, Charles From: Weaver, Charles Sent: Thursday, November 19, 2015 9:58 AM To: 'floyd.kosinsky@linderco.com' Cc: 'fred.roberts@linderco.com' Subject: renewal of NCG500218/Linder Industrial Machine Company - Attachments: NCG50 Final 093015.pdf,Technical Bulletin - NCG500000 2015.doc Importance: High - Attached you will find the updated version of NPDES General Permit NCG500000,effective 10/1/2015. Discard any previous versions of the General.Permit and use this version until further notice. You do not need a reprinted Certificate of Coverage,as the one issued to you in 2007 is still applicable. Thank you for your patience during the longer-than-expected renewal period. If you have any questions about this matter,simply reply to this message. Charles H.Weaver Environmental Specialist N.C.Division of Water Resources N.C. Department of Environmental Quality 919-807-6391 charles.weaveubincdenraov (physical address)512 North Salisbury Street, Raleigh, NC 27604 (mailing address)1617 Mail Service Center, Raleigh, NC 27699-1617 KID ...,.`.Nothing Compares,.,.,. Email correspondence to and from this address is subject to the North Carolina Public Records Law and maybe disclosed to third parties. ns� RGr�CIJl:.i� pivlslon of heater 4tesouroos , DEC - 2 2015 Wator Qualiq Roglonai 0neratlons Ashe 9 ion^.I 0(fr 1 Weaver, Charles From: Floyd W. Kosinsky <Floyd.Kosinsky@linderco.com> To: Weaver, Charles Sent: Thursday, November 19,2015 10:39 AM Subject: Read: renewal of NCG500218/Linder Industrial Machine Company Your message To: Subject: renewal of NCG500218/Linder Industrial Machine Company Sent:Thursday, November 19, 2015 3:39:49 PM (UTC)Monrovia, Reykjavik was read on Thursday, November 19,2015 3:39:26 PM (UTC)Monrovia, Reykjavik. 1 it i III f i r_ NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild,P.E. Dee Freeman - Governor Director Secretary August 13, 2012 Mr.Fred Roberts Linder Industrial Machinery Company 177 Sweeten Creek Ed Asheville,NC 28803 Subject: Renewal of coverage/General Permit NCG500000 Linder Industrial Machinery Company Certificate of Coverage NCG600218 Buncombe County Dear Permittee: The Division is renewing Certificate of Coverage(CoC)NCG500218 to discharge under NPDES General Permit NCG500000. This CoC is issued pursuant to the requirements of North Carolina General Statue 143-215.1 and the Memorandum of Agreement between North Carolina and the US Environmental Protection agency dated October 15, 2007[or as subsequently amended]. If any parts,measurement frequencies or sampling requirements contained in this General Permit are unacceptable to you,you have the right to request an individual permit by submitting an individual permit application. Unless such demand is made, the certificate of coverage shall be final and binding. Please take notice that this Certificate of Coverage is not transferable except after notice to the Division. The Division may require modification or revocation and reissuance of the certificate of coverage. Contact the Asheville Regional Office prior to any sale or transfer of the Permitted facility. Regional Office staff will assist You in documenting the transfer of this CoC This permit does not affect the legal requirements to obtain other permits which may be required by the Division of Water Quality or permits required by the Division of Land Resources, Coastal Area Management Actor any other Federal or Local governmental permit that may be required. If you have any questions concerning the requirements of the General Permit,please contact John Hennessy [919 807-6377 or john.hennessy@ncdenr.gov]. S' -1y. I r Charles Wakild P E� ._........� 1I ce: Asheville Regional Office/Surface Water Protection ! I ��J NPDES file �, S[P 18 2012 R'` i�l lYlly C 1617 Mail Service Center,Raleigh,North Carolina 2 769 9-0617 n^i r i IION 512 North Salisbury Street,Raleigh,North Carolina 27ON ¢ nd` Phone: 919 801-6300[FAX 019807-64891Internet:www,ncwaterquallty.org ` t11 2NT0�� An Equal Oppoftunity/ABtrmative Action Employer-50%Recycled110%Post Consumer Paper STATE OF NORTH CAROLINA DEPARTMENT OFF ENVIRONMENT IR OF WATER QUALITY NATURAL RESOURCES DIVGENERAL PERMIT NCG500000 CERTIFICATE OF COVERAGE NCQ50021s TO DISCHARGE NON-CONTACT COOLING WATER, COOLING TOWER AND BOILER SLOWDOWN, CONDENSATE AND SIMILAR WASTEWATERS UNDER THE NATIONAL POLLUTANT DIS HARCE ELIMINATION a�'STEM In compliance with the provision of North Carolina General Statute 143-216.1, other lawful standards and regulations promulgated and the dope Federal Water oll Pollutionolina Environmental Control Act as mended,Management Commission, and Linder Industrial Machinery Company is hereby authorized to discharge Non-contact Cooling Water, Boiler Blowd own, Cooling Tower Blowdown & Condensate from a facility located at Linder Industrial Machinery Company 177 Sweeten Creek Road Asheville Buncombe County to receiving waters designated as Sweeten Creek in subbasin 04.03-02 of the French Broad River Basin in accordance with the effluent limitations, monitoring requirements, and other conditions set forth in Parts 1, II, III and IV hereof. This Certificate of Coverage shall become effective August 13, 2012. This Certificate of Coverage shall remain in effect for the duration of the General Permit. Signed this day August 13, 2012 / G t for C a Wakild,Director ision of Water Quality By Authority of the Environmental Manngement Commission e�,A NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Michael F. Easley,Governor William G. Ross,Jr.,Secretary Alan W. Klimek, P.E., Director November 15, 2006 Fred Roberts Linder Industrial Machinery Company P.O. Box 5323 Asheville,NC 28813 Subject: . NPDES Permit NCG500000 renewal Certificate of Coverage(CoC)NCG500218 Mitchell Distibuting Company-Asheville Buncombe County Dear Permittee: The facility listed above is covered under NPDES General Permit NCG500000. NCG500000 expires on July 31,2007. Federal(40 CFR 122.41) and North Carolina(15A NCAC 2H.0105(e))regulations require that permit renewal applications must be filed at least 180 days.prior to expiration of the current permit. If you have already mailed a renewal request,you may disregard this notice. To satisfy this requirement,the Division must receive a renewal request postmarked no later than February 1.2007. Failure to request renewal by this date may result in a civil penalty assessment. Larger penalties may be assessed depending upon the delinquency of the request. This renewal notice is being sent well in advance of the due date so that you have adequate time to prepare your application. If any discharge previously covered under NCG500000 will occur after July 31, 2007, the CoC must be renewed. Discharge of wastewater without a valid permit would violate North Carolina General Statute 143-215,1;unpermitted discharges of wastewater may be assessed civil penalties of up to $25,000 per day. If all discharge has ceased at your facility and you wish to rescind this CoC [or if you have other questions],contact me at the telephone number or e-mail address listed below. Sincerely, Charles H.Weaver,Jr. NPDES Unit cc: Central Files NPDES File �ir _. .. ` J ��� � t 1617 Mail Service Center,Raleigh,North Carolina 27699-0617 b L!' �rQOw�B.tt 512 North Salisbury Street,Raleigh,North Carolina 27604 �. .-� r !rlltl�' Li31 aT011na Phone: 919733.5083,extension 511/FAX 919733.0719/charles.weaver0ncmail.net 'Jury FuLii" Nry 1Y An Equal Opportunity/Affirmative Action Employer-50%Recycled/10%Post Consumer Paper l/ {�!i! / NCDENR North Carolina Department of Environment and Natural Resources' Division of Water Quality Michael F. Easley, Governor William G. Ross,Jr.,Secretary Alan W. Klimek, P.E., Director NOTICE OF RENEWAL INTENT Application for renewal of existing coverage under General Permit NCG500000 Existing Certificate of Coverage (CoC): NCG500 218 (Please print or type) 1) Mailing address'of facility owner/operator: Company Name Linder Industrial Machinery Company Owner Name Linder Industrial Machinery Company Street Address P.O. Box 4589 City Plant City State FL ZIPCode 33563-0027 Telephone Number 813 754-2727 Fax: 813 754-6090 Email address www.linderco.com `Address to which all permit correspondence should be mailed 2) Location of facility producing discharge: Facility Name Linder Industrial Machinery Companv, Facility Contact Floyd Kosinsky Street Address 177 Sweeten Creek Road City Asheville State NC ZIP Code 28803 County Buncombe Telephone Number 828 274-3031 Fax: (828) 274-8105 Email address www.linderco.com 3) Description of Discharge: a) Is the discharge directly to the receiving stream? M Yes ❑ No (If no,submit a site map with the pathway to the potential receiving waters clearly marked.This includes tracing the pathway of the storm sewer to the discharge point,If the storm sewer is the only viable means of discharge.) b) Number of discharge outfalls(ditches,pipes, channels,etc.that corry n agAs�e)va/�ter lFlrom th�pe pr(�operty): 1 (one) V 15 c) What type of wastewater is discharged?Indicate which discharge find lis; more-Shari one. j 2 Non-contact cooling water Outfall(s)#: IN Boiler Blowdown Outfall(s)#: - wnrel=�OOunurr SEC][ON ASH6VIttE R6CICNAL OPRC e - � Page 1 of 3 .... _ ,. NCG500000 renewal applicz 9 Cooling Tower Slowdown Outfall(s)#: 9 Condensate Outfall(a)#: 3 Other Outfall(a) #: (Please describe"Other") similar wastewaters d) Volume of discharge per each discharge point(in GPD): #001: 2 GPD #002: #003: #004 4) Please check the type of chemical [s] added to the wastewater for treatment,per each separate discharge point(if applicable,use separate sheet): ❑ Chlorine ❑ Biocides ❑ Corrosion inhibitors ❑ Algaecide ❑ Other $]'None 6) If any box in item(4)above [other than None]was checked,a completed Biocide 101 Form and manufacturera information on the additive must be submitted to the following address for approval: NC DENR/DWQ/Environmental Sciences Section Aquatic Toxicology Unit 1621 Mail Service Center Raleigh,NO 27699-1621 6) Is there any type of treatment being provided to the wastewater before discharge(i.e.,retention ponds, settling ponds, etc.)? ❑Yes & No (If yes,please Include design specifics(i.e.,design volume,retentlon time,surface area,etc.)with submittal package. Existing treatment facilities should be described in detail.) 7) Discharge Frequency: a) The discharge is: EXContinuous ❑ Intermittent ❑ Seasonal* i) If the discharge is intermittent, describe when the discharge will occur: ii) *Check the month(s)the discharge occurs: 0-Jan 0 Feb 0 Mar. -0 Apr 11 May 0 Jun El Jul d Aug. 0 Sept. 0 Oct. O.Nov. ❑ Dec. b) How many days per week is there a discharge? 7 c) Please check the days discharge occurs: lL Sat. K Sun. ffXMon. KI Tue.Xl Wed. E Thu. X1 Fri. 8) Receiving stream[s]: a) To what body or bodies of water(creek,stream,river,lake,etc.)does the facility discharge wastewater? If the site discharges wastewater to a separate storm sewer system(4S),name the operator of the 4S(e.g. City of Raleigh). Sweeten Creek, French Broad River Basin b) Stream Classification: Class C Page 2 of 3 NCG500000 renewal application Additional Application Requirements: The following information must be included in triplicate [original+2 copies] with this application or it will be returned as incomplete. ➢ Site map. If the discharge is not directly to a stream,the pathway to the receiving stream must be clearly indicated. This includes tracing the pathway of a storm sewer to its discharge point. ➢ Authorization for representatives. If this application will be submitted by a consulting engineer(or engineering firm),include documentation from the Permittee showing that the consultant submitting the application has been designated an Authorized Representative of the applicant. Certification I certify that I am familiar with the information contained in this application and that to the best of my knowledge and belief such information is true,complete,and accurate. Printed Name of Person Signing: Floyd Kosinsky Title: Settiorrld,.iHc°�Product Support Linder�J�Indust/r/,i�al Machinery Company / BY• Tw Y cl (Signature ofApplicunt) l/ (Date Signed) North Carolina General Statute 143-215.6lo(i)provides that: Any person who knowingly makes any false statement, representation,or certification in any application, record, repon,plan or other document filed or required to be maintained under Article 21 or regulations of the Environmental Management Commission implementing that Article,orwho 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 Adicle,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.) This Notice of Renewal Intent does NOT require a separate fee. The permitted facility already pays an annual fee for coverage under NCG500000 P�k1�xPi���'Sls>'x�>��sk�fzl�xP�lg�'SP Mail the original and two copies of the entire package to: Mr. Charles H. Weaver NC DENR/DWQ/NPDES 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Page 3 of 3 NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Michael F. Easley, Governor William G. Ross, Jr.,Secretary Alan W. Klimek, P.E., Director November 15, 2006 Fred Roberts Linder Industrial Machinery Company P.O. Box 5323 Asheville, NC 28813 Subject: NPDES Permit NCG500000 renewal Certificate of Coverage (CoC)NCG500218 Mitchell Distibuting Company-Asheville Buncombe County Dear Permittee: The facility listed above is covered under NPDES General Permit NCG500000. NCG500000 expires on July 31, 2007. Federal(40 CFR 122.41)and North Carolina (15A NCAC 2H.0105(e))regulations require that permit renewal applications must be filed at least-180 days prior to expiration of the current permit. If you have already mailed a renewal request,you may disregard this notice. To satisfy this requirement, the Division must receive a renewal request postmarked no later than February 1,2007. Failure to request renewal by this date may result in a civil penalty assessment. Larger penalties may be assessed depending upon,the delinquency of the request. This renewal notice is being sent well in advance of the due date so that you have adequate time to prepare your application. If any discharge previously covered under NCG500000 will occur after July 31,2007,the CoC must be renewed. Discharge of wastewater without a valid permit would violate North Carolina General Statute 143-215.1;unpermitted discharges of wastewater may be assessed civil penalties of up to $25,000 per day. I£all discharge has ceased at your facility and you wish to rescind this CoC [or if you have other questions], contact me at the telephone number or e-mail address listed below. Sincerely, Charles H.Weav NPDES Unit ce: Central File. 5s Asheville Regional Office,Surface Water Protection 9tl � ' NPDES File 1617 Mail Service Center,Raleigh,North Carolina 27699-1617 One 512 Noah Salisbury Street,Raleigh,Noah Carolina 27604 N0rthCa.r0filia Phone: 9197335083,extension 511/FAX 919733-0719/charles.weaverQncmall.net 'J♦r��y}�y��//Y An Eaual OtDortUNN/Affirmative Action Emaover-50%Recvcled/10%Post Consumer Pater l/ ►x136 L (( STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY GENERAL PERMIT NO.NCG500000 TO DISCHARGE NON-CONTACT COOLING WATER,COOLING TOWER AND BOILER BLOWDOWN,CONDENSATE,EXEMPT STORMWATER, COOLING WATERS ASSOCIATED WITH HYDROELECTRIC OPERATIONS,AND SIMILIAR WASTEWATERS UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provision of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act,as amended,this pemdt is hereby issued to all owners or operators,hereafter perndttees, which are covered by this permit as evidenced by receipt of a Certificate of Coverage from the Environmental Management Commission to allow the discharge of wastewater in accordance with the effluent limitations, monitoring requirements, and other conditions set forth in Parts I,11,I11 and IV hereof. Steam generating facilities are not eligible for coverage under this permit. This permit shall become effective August 1,2002. This permit shall expire at midnight on July 31,2007. Original signed by Gregory J. Thorpe Date:05131102 Gregory J.Thorpe,Ph.D.,Acting Director Division of Water Quality By Authority of the Environmental Management Commission l General Permit NCG500000 PART MONITORING,CONTROLS,AND LIMITATIONS FOR PERMITTED DISCHARGES III; Page l of 15 E- a -11 E aci aci aci .� E u $ O Pi ° o ym � B e. m m F" 6 Eo w d .6b H qZ o oL c1! v c EAA 43 g9w lu . o pp pp 2 pq o , E A a,uu 33 ;°n q V qq Rpal ti �oN 949604 Zo F. Z w �' mae d '3 5b � u a2 I v � 6 FPS a „,,yLL F Hol n 1 Op U T 9 o -2. A .2 a. cvo c c o fi � � w n mwIS d Awe si g ° ° e v E@@ p a � G Fo$ e .F.. •5 m a _ fi o y �°, m w ,o, u U U V N N N N N N pOp p Op O C � a - U E E 4 RP m WF •1 yp � � � d }� 53 � pv a3 el El aoo 9Sw Q° ow ig rz [L m .60 m U m 'd U 'ai ° � � � •� W N .s ZZ/vF d ..a. _ 5:-. NCLCO Wn qy 9GG 'O ETW a O 60 k°'. a � yy A_�+ � y aG°� U pwp CFO b 5 ° O ° trz u. !E a C O o u 5 F F a in O W � Z 95 � 4]agNNN ; ° Q ° COW O � W W W � U •� vaT 5 >,� ° LDyam Cyr = 5a dEl A e m m m o c � a y a �' 0 k. n a d E i oq rn �n m3 Fu„ w u W rNL F :° s ril O'3 9 a S 3 ARram°. O °jtg 12 C P. iy O 6 y U C 'O ���� •J° �S p p Q� > O °v ° u iy W ^ y U p 'J' 9 E b 3 G A e �diy FCi C i c O o cA r ¢ t] p.C Fi LL O 6 — N U General Permit NCG500000 PART SECTION B. SCHEDULE OF COMPLIANCE I. The permittee shall comply with Final Effluent Limitations by the effective date of the Certificate of Coverage. 2. Pennittee shall at all times provide the operation and maintenance necessary to operate the existing facilities in accordance with Part ILC:2 of this permit. SECTION C. APPLICABILITY This permit is applicable to the following types of discharges: 1. Non-contact cooling water and water used in industrial processes for the sole purpose of cooling machinery and other equipment. Contact cooling water discharges require an individual NPDES permit. Non-contact cooling water is defined as water used for cooling which does not come into direct contact with any raw material, intermediate product, waste product or finished product. 2. Condensate wastewater from atmospheric cooling systems(air conditioners,etc.) 3. Blowdown wastewaters. Slowdown is defined as the minimum discharge of recirculating water for the purpose of discharging materials contained in the water, the further buildup of which would cause concentration in amounts exceeding limits established by best engineering practice. 4. Exempt stormwater,which is defined as discharges of stannwater which do not require permits under the state or Federal NPDES programs. Exempt stra rnwater includes stomrwater which accumulates in outdoor basins or ponds designed for cooling water or other waters covered by this permit. 5. Water associated with hydroelectric power facilities, including cooling waters, waters from sumps and drains, dam seepage and exempt stormwater. 6. Other similar wastewaters which may qualify for coverage under this General Permit. Steam generating facilities me not eligible for coverage under this General Permit. SECTION D. NOTICE OF INTENT Individuals who intend to obtain coverage under this general permit,shall submit a Notice of Intent(NOI)applicable to this general permit. A current version of the NOI for this general permit can be obtained by contacting the Stomrwater and General permits Unit at 919/733-5083 or can be downloaded from the interest at: http•1/h2o.cu.smw.nc.us/su/stomwater.html NOIs most be signed and submitted to the Stormwater and General Permits Unit, 1617 Mail Service Center,Raleigh,NC 27699.161T Applicants who have submitted a completed NOI are not authorized to discharge until a Certificate of Coverage is issued. In general,the NOI shall include the following information: I. The mailing address and telephone number for the owner and/or operator. 2. The facility name,address and telephone number where the discharge will occur. 3. The permit number of any NPDES pennit(s)for any discharge(s)from the site. 4. A description of the discharge,including the number of discharge points,the volume of discharge,the frequency of discharge and any treatment methods applied prior to discharge. 5. The name of the receiving waters and the stream classification(if known). 6. An analysis of non-discharge alternatives,including connection to a regional sewer collection system,subsurface disposal and spray irrigation. 7. A 7.5 minute series USGS topographic map with the discharge location clearly indicated. 8. Final plans and specifications for the treatment system and all major components(if applicable). 9. A certification that the information contained in the NOI is true,complete and accurate. Page 5 of 15 General Permit NCG500000 PART II STANDARD CONDITIONS FOR NPDES PERMITS SECTION A. DEFINITIONS, 1. Permit Issuing Authority: The Director of the Division of Water Quality. 2. DWO or Division Division of Water Quality,Department of Environment and Natural Resources. 3. EMC: North Carolina Environmental Management Commission. 4. Permittee: The entity who obtains coverage under this general permit by subsequent issuance of a "Certificate of Coverage'by the Division of Water Quality. 5. Actor"the Aot` The Federal Water Pollution Control Act,also(mown as the Clean Water Act,as amended, 33 USC 1251,at.seq. 6. Concentration Measurements a. Average Monthly Concentration: The sum of the concentrations of all daily discharges sampled and/or measured during a calendar month on which daily discharges are sampled and measured, divided by the number of daily discharges sampled and/or measured during such month(arithmetic mean of the daily concentration values). The daily concentration value in the case of grab samples is the arithmetic mean (weighted by flow value) of all the samples collected during that calendar day b. Maximum Daily Concentration: The concentration of a pollutant discharge during a calendar day. If only one sample is taken during any calendar day the concentration of pollutant calculated from it is the "Maximum Daily Concentration'. It is identified as"Daily Maximum"under"Other Units"in Part I of the permit. 7. Other Measurements a. Average Flow(MGD): The 24 hours average flow,averaged monthly. It is determined as the arithmetic mean of the total daily flows recorded during the calendar month. b. Instantaneous Flow Measurement: A measure of flow taken at the time of sampling,when bath the sample and flow will be representative of the total discharge. c. Continuous Flow Measurement: A measure of discharge flow from the facility which occurs continually without interruption throughout the operating hours of the facility. Flow shall be monitored continually except for the infrequent times when there may be no flow or for infrequent maintenance activities on the flow device. 8. Grab Samples: Individual samples of at least 100 ml collected over a period of time not exceeding 15.minutes. Grab samples ean be collected manually. - 9. Calculation of Means a Arithmetic Mean: The summation of the individual values divided by the number of individual values. b. Geometric Mean: The Nth root of the product of the individual values where Nis equal to the number of individual values. The geometric mean is equivalent to the antilog of the arithmetic mean of the logarithms of the individual values. For purposes of calculating the geometric mean,values of zero(0)shall be considered to be one 0). c. Weighed by Flow Value: The summation of each concentration times its respective flow divided by the summation of the respective flows. 10. Calendar Day: The period from midnight of one day until midnight of the next day. However, for purposes of this permit,any consecutive 24-hour period that reasonably represents the calendar day may be used far sampling. 11. Hazardous Substance: Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the Clean Water Act. Page 6 of 15 C-11 C li General Permit NCG500000 12, Toxic Pollutant Any pollutant listed as toxic under Section 307(a)(1)of the Clean Water Act. 13. Bwass: The intentional diversion of waste streams from any portion of a treatment facility (including the collection system).The pemuttee 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. 14. Severe property darnme: Substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable,or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic lass caused by delays in production. 15. Unset: An exceptional incident in which there is unintentional and temporary noncompliance with technology-based permit effluent limitations because of factors beyond the reasonable control of the porosities. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities,lack of preventive maintenance,or careless or improper operation. SECTION B. GENERAL CONDITIONS L Duty to Comply The pemdttee most comply with all conditions of this general permit. Any permit noncompliance constitutes a violation of the Clean Water Act and is grounds for enforcement action, permit terminator, revocation and reissuance, modification,or denial of a permit upon application for renewal. a. The penalties shall empty with standards or prohibitions established under section 307(a)of the Clean Water Act for toxic pollutants within the time provided in the regulations that establish these standards or prohibitions, even if the permit has not yet been modified to incorporate the requirement. b. The Clean Water Act provides that any person who violates 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,is subject to a civil penalty not to exceed $27,500 per day for each violation. Any person who negligently violates such sections, or any permit condition or limitation is subject to criminal penalties of$2,500 to $25,000 per day of violation,or imprisonment for not more than I 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. Any person who knowingly violates such sections,or any permit 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. Any person who knowingly violates such sections, or any permit conditions or limitations,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 firm 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 of the Clean Water Act)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. Also,any person who violates a permit condition may be assessed an administrative penalty not to exceed$11,000 per violation with the maximum amount not to exceed$137,500. [Ref. Section 309 of the Federal Act 33 USC 1319 and 40 CFR 122.4Ila).] c. Under state law,a daily civil penalty of not more than twenty-five thousand dollars($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. [Ref:North Carolina General Statutes 143-215.6A] d. Any person maybe assessed an administrative penalty by the Director for violating section 301, 302,306,307,308, 318, or 405 of the Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of the Act. Administrative penalties for Class I violations am:rat to exceed$11,000 per violation, with the maximum amount of any Class I penalty assessed not to exceed$27,500. Penalties for Class II violations are not to exceed$11,000 per day for each day during which the violation continues,with the maximum meant of any Class II penalty not to exceed$137,500. Page 7 of 15 n General Permit NCG500000 2. Duty to Mitigate The permittee shall take all reasonable steps to minimize or prevent any discharge in violation of this permit which has a reasonable likelihood of adversely affecting human health or the environment. 3. Civil and Criminal Liability Except as provided in permit conditions on "Bypassing" (Part H, C4.) 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 I43-2I5.3, 143-215.6 or Section 309 of the Federal Act, 33 USC 1319. Furthermore, the pemdttee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may he 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 143-2I5.75 et seq. or Section 311 of the Federal Act,33 USC 1321. Furthermore,the pent tee 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. 6. Onshore or Offshore Construction This permit does not authorize or approve the construction of any onshore or offshore physical structures or facilities or the undertaking of any work in any navigable waters. 7. Severability The previsions of this permit are severable,and if any provision of this permit,or the application of any provision of this permit to any circumstances,is held invalid,the application of such provision to other circumstances,and the remainder of this permit,shall not be affected thereby. 8. Duty to Provide Information The permittee shall furnish to the Pemnt 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 famish to the Permit Issuing Authority upon request,copies of records required to be maintained by this permit. 9. Duty to Realm If the pemdtme wishes to continue an activity regulated by this permit after the expiration date of this permit, the pemiittee must apply for and obtain a new permit. 10. Permit Tem ination - After public notice and opportunity for a hearing, the gencml permit and Certificates of Coverage issued under this general permit may be terminated for cause. 11. When an Individual Permit may be Required The Division may require any owner authorized to discharge under this permit to apply for and obtain an individual permit. Cases where an individual permit may be required include,but are not limited to,the following: a. The discharger is a significant contributor of pollution. b. Conditions at the operating facility change altering the constituents and/or characteristics of the discharge such that the discharge no longer qualifies for a General Permit c. The discharge violates the terms or conditions of this permit. d. A change has occurred in the availability of demonstrated technology or practices for the control or abatement of pollutants applicable to the point source. e. Effluent limitation guidelines are promulgated for the point sources covered by this permit. Page 8 of 15 General Permit NCG500000 f A water quality management plan containing requirements applicable to such point sources is approved after the issuance of this permit. This permit may be terminated for any of the reasons set forth above after appropriate notice in accordance with N.C.G.S. 143-215.1. 12. When an Individual Permit may be Requested Any pernuace operating under this permit may request to be excluded from coverage by applying for an individual permit When an individual permit is issued,the applicability of this general permit is automatically terminated on the effective date of the individual permit. 13. Sianatory Remuirements All applications,reports,or information submitted to the Permit Issuing Authority shall be signed and certified. a. All permit applications shall be signed as follows: (1) For a corporation: by a responsible corporate officer. For the purpose of this Section, a responsible corporate officer means: (a) a president,secretary,treasurer or vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision making functions for the corpomtion,.or(b)the manager of one or more manufacturing production or operating facilities employing more than 250 persons or having gross =net sales or expenditures exceeding 25 million (in second quarter 1980 dollars), if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures. (2) For a partnership or sole proprietorship: by a general partner or the proprietor,respectively;or (3) For a municipality, State, Federal, or other public agency: by either a principal executive officer or ranking elected official. b. All reports required by the permit and other information requested by the Permit Issuing Authority shall be signed by a person described above or by a duty 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. c. Certification: Any person signing a document under paragraphs a. or b. of this section shall make the following certification: "I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system,or those persons directly responsible for gathering the information,the information submitted is,to the best of my knowledge and belief, tune, accurate, and complete. I am aware that there us significant penalties for submitting false information,including the possibility of fines and imprisonment for knowing violations." 14. Permit Actions This permit may be modified,revoked and reissued,or terminated for cause. The filing of a request by the pernittee for a permit modification, revocation and reissuance, termination, or a notification of planned changes or anticipated noncompliance does not stay any permit condition. 15. 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 Page 9 of 15 General Permit NCG500000 Title 40, Code of Federal Regulations, Parts 122 and 123; Title 15A of the North Carolina Administrative Code, Subchapter 2H.0100;and North Carolina General Statute 143-215.1 et, al. SECTION C. OPERATION AND MAINTENANCE OF POLLUTION CONTROLS L Certified Operator Pursuant to Chapter 90A-44 of North Carolina General Starnes, the pemdttee shall employ a certified wastewater treatment plant operator in responsible charge(ORC) of the wastewater treatment facilities. Such operator must hold a certification of the grade equivalent to or greater than the classification assigned to the wastewater treatment facilities. The penarde,shall notify the Division9 Technical Assistance and Certification Unit within thirty days of any change in the ORC stars. NOTE. This requirement does not apply until the permidee receives a letter notifying them of classification of the facility. Currently,faciides are not being classified for this purpose,but may at sometime in the future. 2. Proper Operation and Maintenance The pemnttee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the permittee to achieve compliance with the conditions of this permit. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures. This provision requires the operation of back-up or auxiliary facilities or similar systems which are installed by a pemdttee only when the operation is necessary to achieve compliance with the conditions of the permit. 3. Need to Halt or Reduce not a Defense It shall not be a defense for a pemtittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the conditions of this permit. 4. Bypassing of Treatment Facilities a. Bypass not exceeding limitations. The permittec may allow any bypass to occur which does not cause effluent limitations to be exceeded,but only if it is for essential maintenance to assure efficient operation, These bypasses are not subject to the provisions of Paragraphs b.and c.of this section. b. Notice (1) Anticipated bypass. If the pervades knows in advance of the need for a bypass, it shall submit prior notice at least ten days before the date of the bypass; including, if possible, an evaluation of the anticipated quality and affect of the bypass. (2) Unanticipated bypass. The permittee shall submit notice of an unanticipated bypass as required in Part H.B.6 of this permit. (24-how notice). c. Prohibition of Bypass (1) Bypass is prohibited and the Permit Issuing Authority may take enforcement action against a pemuttee for bypass,unless: (a) Bypass was unavoidable to prevent loss of life,personal injury in 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) The Permit Issuing Authority may approve an anticipated bypass, after considering its adverse affects, if the Permit Issuing Authority determines that it will meet the three conditions listed above in Paragraph c.(1)of this section. Page 10 of 15 �\ , General Permit NCG500000 5. Upsets a. Effect of an upset. An upset constitutes an affirmative defense to an action brought for noncompliance with such technology based permit effluent limitations if the requirements of paragraph b, of this condition are met. No determination made during administrative review of claim that noncompliance was caused by upset, and before an action for noncompliance,is final administrative action subject to judicial review. b. Conditions necessary for a demonstration of upset. A permittee who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs,or other relevant evidence that: (1) An upset occurred and that the pertnittee can.identify the causes)of the upset; (2) The permitted facility was at the time being properly operated; (3) The-pennittee submitted notice of the upset as required in Part II.E.6.b.2 of this permit;and (4) The per miltee complied with any remedial measures required under Part ILB.2 of this permit. c. Burden of proof. In any enforcement proceeding the permittee seeking in establish the occurrence of an upset has the burden of proof. 6. Removed Substances Solids,sludges,filter backwash,or other pollutants removed in the course of treatment or control of wastewaters shall be j disposed of in accordance with NCGS 143-215.1 and in a manner which prevents any pollutant from such materials from entering waters of the State or navigable waters of the United States. The permittee shall comply with all existing federal regulations governing the disposal of sewage sludge.Upon promulgation of 40 CFR Part 503, any permit issued by the Permit Issuing Authority for the disposal of sludge may be reopened and modified, or revoked and reissued, to incorporate applicable requirements at 40 CFR Part 503. The perrmttee shall comply with applicable 40 CPR Part 503 Standards for the Use and Disposal of Sewage Sludge (when promulgated) within the time provided in the regulation, even if the permit is not modified to incorporate the requirement. The permittee shall notify the Permit Issuing Authority of any significant change in its sludge use or disposal practices. 7. Power Failures The pemdttee is responsible for maintaining adequate safeguards as required by DWQ Regulation, Title 15A, North Carolina Administrative Code, Subchapter 2H, .0124 Reliability, w 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 Samoline ' Samples collected and measurements taken, m required herein, shall be characteristic of the volume and nature of the permitted discharge. Samples collected at a frequency less than daily shall be taken on a day and time that is -� characteristic of the discharge over the entire period which the sample represents. All samples shall be taken at the monitoring points specified in this pemdt and,unless otherwise specified,before the effluent joins or is diluted by any other wastestream,body of water, or substance. Monitoring points shall not be changed without notification to and the approval of the Permit Issuing Authority. 2. Flow Measurements Appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges. The devices shall be installed, calibrated and maintained to ensme that the accuracy of the measurements me 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. Non-contact cooling water flow which is monitored by pump logs(or meters)based on the manufacturer$pump curves shall not be subject to this requirement. - { Page 11 of 15 I General Permit NCG500000 3. Test Procedures Test procedures for the analysis of pollutants shall conform to the EMC regulations published pursuant to NCGS 143- 215.63 at. seq., the Water and Air Quality Reporting Acts, and to regulations published pursuant to Section 304(g), 33 USC 1314, of the Federal Water Pollution Control Act,as Amended, and Regulation 40 CFR 136. To meet the intent of the monitoring required by this pemdq 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. 4. Penalties for Tampering The Clean Water Act provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any monitoring device or method required to be maintained order 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. In the case of a second or subsequent conviction, 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. 5. Records Retention The permitee shall retain records of all monitoring information,including all calibration and maintenance records and all original strip chart recordings for continuous monitoring instrumentation,copies of all reports required by this permit,for a period of at least 3 years from the date of the sample,measurement,report or application. This period may be extended by request of the Director at any time. 6. Recording Results For each measurement or sample taken pursuant to the requirements of this permit, the Pennines shall record the fallowing infomation: 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. 7. Inspection and Entry The permittee shall allow the Director, or an authorized representative, upon the presentation of credentials and other documents as may be required by law,to; a. Enter upon the permiueels premises when a regulated facility or activity is located or conducted, or where records most be kept under the conditions of this permit; b. Have access to and copy any records that must be kept under the conditions of this permit; c. Inspect any facilities,equipment(including monitoring and control equipment),practices,or operations regulated or required under this permit;and d. Sample or monitor,for the purposes of assuring permit compliance or as otherwise authorized by the Clean Water Act,any substances or parameters at any location. SECTION E. REPORTING REOUIREMENTS I. Submission of Reports Submission of standardized monitoring fortes or other monitoring reports to the Division is not required. All monitoring information and copies of any reports required by this permit,must be retained on site 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.The pernttee shall famish to the Permit Issuing Authority upon request,copies of records required to be kept by this permit. Page 12 of 15 - General Permit NCG500000 2. Change in Discharge All discharges authorized herein shall be consistent with the terms and conditions of this permit. The discharge of any pollutant identified in this permit more frequently than or at a level in excess of that authorized shall constitute a violation of the permit. 3. Planned Changes The pemdttee shall give notice to the Director as soon as possible of any planned physical alterations or additions to the permitted facility. Notice is required only when: a. The alteration or addition to a permitted facility may meet one of the criteria for determining whether a facility is a new source in 40 CFR Pont 122.29(b);or b. The alteration or addition could significantly change the nature of,or increase the quantity of pollutants discharged. This notification applies to pollutants which are subject neither to effluent limitations in the permit, nor to notification requirements under 40 CFR Part 122.42(a)(1). 4. Anticipated Noncompliance The pemilttee shall give advance notice to the Director of any planned changes in the permitted facility or activity which may result in noncompliance with permit requirements. 5. Transfers This permit is not transferable to any person except after notice to and approval by the Director. The Director may require modification or revocation and reissuancc of the permit and incorporating such other requirements as may be necessary under the Clean Water Act. 6. Duty to Report Noncompliance a. The Pennines shall report to the central office or the appropriate regional office any noncompliance which may endanger health or the environment Any information shall be provided orally within 24 hours from the time the permittee becomes aware of the circumstances. A written submission shall also be provided within 5 days of the time the pennittee becomes aware of the circumstances. (1) The written submission shall contain a description of the noncompliance, and its cause; the period of noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent recurrence of the noncompliance. b. The following shall be included as information which must be reported within 24 hours under this paragraph. (1) Any unanticipated bypass which exceeds any effluent limitation in the permit. j (2) Any upset which exceeds any effluent limitation in the permit. (3) Violation of a maximum daily or monthly average discharge limitation for any of the pollutants listed by the Director in the permit to be reported within 24 hours. c. The Director may waive the written report on a case-by-case basis for reports under paragraph b. above of this condition if the and report has been received within 24 hours. 7. Other Information Where the pemdde, 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 8. Noncompliance Notification Procedure The pennittee 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: Page 13 of 15 General Permit NCG500000 a. Any occurrence at the water pollution control facility which results in the discharge of significant amounts of wastes which are abnormal in quantity or characteristic,such as the dumping of the contents of a sludge digester,the known passage of a slug of hazardous substance through the facility;or any other unusual circumstances. b. Any process unit failure,due to known or unknown reasons,that render the facility incapable of adequate wastewater treatment such as mechanical or electrical failures of pumps,aerators,compressors,etc. c. Any failure of a pumping station, sewer line,or treatment facility resulting in a by-pass directly to receiving waters without treatment of all or any portion of the influent to such station or facility. Persons reporting such occurrences by telephone shall also file a written report in letter form within 5 days following first knowledge of the occurrence. 9. Availability of Reports Except for data determined to be confidential under NCGS 143-215.3(a)(2) or Section 308 of the Federal Act, 33 USC 1318, all reports prepared in accordance with the terms shall be made available for public inspection at the offices of DWQ or at the site of the discharge within a reasonable time period,not to exceed five(5)days. As required by the Act, effluent data shall not be considered confidential. Knowingly making any false statement on any such report may result in the imposition of criminal penalties as provided for in NCGS 143-215.1(b)(2)or in Section 309 of the Federal Act. M Penalties for Falsification of Reports The Clean Water Act provides that any person who knowingly makes any false statement,representation,or certification in any record or other document submitted or required to be maintained under this permit, including monitoring reports or reports of compliance or noncompliance shall,upon conviction, be punished by a fine of not more than$10,000 per violation,or by imprisonment for not more than two years per violation,or by both. PART III OTHER REQUIREMENTS 1. Previous Permits All previous State water quality permits issued to this facility for this particular discharge, whether for construction, operation or discharge, are hereby revoked by issuance of this permit and subsequent issuance of a Certificate of Coverage. The conditions,requirements,terms, and provisions of this permit authorizing discharge under the National Pollutant Discharge Elimination System govern discharges from this facility. 2. Construction No construction of wastewater treatment Facilities or additions thereto shall be begun until Final Plans and Specifications have been submitted to DWQ and approval has been granted by the Division. Design and operation of facilities and/or treatment works shall be in accordance with the application and supporting information. If facility deficiencies, design and/or operational, are identified in the future which could affect.the facility performance or reliability, it is the responsibility of the pennittee to correct such deficiencies. 3. Limitations Recoener This permit shall be modified or alternatively,revoked and reissued,to comply with any applicable effluent guideline or water quality standard issued or approved under Sections 302(b)(2)(c),and(d),304(b)(2),and 307(a)(2)of the Clean Water Act,if the effluent guideline or water quality standard so issued or approved: a. contains different conditions or is otherwise more stringent than any effluent limitation in the permit or b. controls any pollutant not limited in the pemdt. The permit as modified or reissued under this paragraph shall also contain any other requirements in the Act then applicable. Page 14 of 15 {- General Permit NCG500000 PART IV ANNUAL ADMINISTERING& COMPLIANCE MONITORING FEE The permittee must pay the annual administering and compliance monitoring fee(if any such fee is assessed)within 30 days after being billed by the Division. Failure to pay such fees in a timely manner in accordance with 15A NCAC 211.0105(b)(4)may cause the Division to initiate action to revoke the Certificate of Coverage. i i Page 15 of 15 State of North Carolina Arin.ImA Department of Environment and Natural Resources Division of Water Quality Michael F. Easley, Governor NCDENR William G. Ross Jr., Secretary NORTH CAROLINA DEPARTMENT OF Alan W. Klimek, P.E., Director ENVIRONMENT AND NATURAL RESOURCES October 17, 2003 Mr. Fred Roberts LMDC, LLC PO Box 5323 Asheville, North Carolina 28813 Subject: NODES Permit Modification—Name/Ownership Change Permit NCG500218 Mitchell Distributing Company (Formerly Mitchell Distributing Company) Buncombe County Dear Mr. Roberts: In accordance with your request received September 29, 2003,the Division is forwarding the subject permit modification. This modification documents the change in name/ownership at the subject facility. All other terms and conditions in the original permit remain unchanged and in full effect. This permit modification is issued under the requirements of North Carolina General Statute 143-215.1 and the Memorandum of Agreement between North Carolina and the U. S. Environmental Protection Agency dated December 6, 1983. If any parts, measurement frequencies or sampling requirements contained in this permit modification 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 a written petition conforming to Chapter 150B of the North Carolina General Statutes, filed with the Office of Administrative Hearings, Post Office Drawer 27447, Raleigh, North Carolina 27611-7447. Unless such demand is made, this decision shall be final and binding. This permit does not affect the legal requirement to obtain other permits which may be required by the Division of Water Quality, the Division of Land Resources, Coastal Area Management Act, or any other Federal or Local government permit that may be required. If you have any questions concerning this permit, please contact Valery Stephens at the telephone number or address listed below. UrT1UINAL SIGNED BY WILLIAM G. MILLS Alan W. Klimek, P.E. cc: Central Files n � ' Asheville Regional Office, Water Quality Section IJIUtu1J I I SWGPU Unit L III 0 WATER OUAUTY SECTION nSNEVILLE flEC10NA OFFICE 1617 Mail5ervice Center,Raleigh,North CarolinaT 919733-5063,extension 520 (lex)919733-0779 VISIT us ON THE INTERNET@http:l/h2o.enr.state.nc.us/ Valery.Stephens®ncmail.net STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY GENERAL PERMIT NO. NCG500000 CERTIFICATE OF COVERAGE No. NCG500218 TO DISCHARGE NON-CONTACT COOLING WATER, COOLING TOWER AND BOILER BLOWDOWN, CONDENSATE AND SIMILAR WASTEWATERS 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, LMDC, LLC is hereby authorized to discharge non-contact coaling water/condensate from a facility located at Mitchell Distributing Company-Asheville Sweeten Creek Road Ashville Buncombe County to receiving waters designated as Sweeten Creek, Class C, in the French Broad River Basin in accordance with the effluent limitations, monitoring requirements, and other conditions set forth in Parts I, II, III and IV hereof. This certificate of coverage shall become effective October 17, 2003. This Certificate of Coverage shall remain in effect for the duration of the General Permit. Signed this day October 17, 2003. ORIGINAL SIGNED By WILLIAM C. MILLS Alan W. Klimek, P.E., Director Division of Water Quality By Authority of the Environmental Management Commission �►�� l._ SEE COPY NCDEERR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H.Sullins Dee Freeman Governor Director Secretary August 18, 2009 Fred Roberts Linder Industrial Machinery Company PO Box 5323 Asheville NC 28813 SUBJECT: Compliance Evaluation Inspection Linder Industrial Machinery Co. Permit No: NCG500218 Buncombe County Dear Mr. Roberts: Enclosed please find a copy of the Compliance Evaluation Inspection conducted on July 13, 2009, The facility appeared to be in Compliance with permit NCG500218. Please refer to the enclosed inspection report for additional observations and comments. If you or your staff have any questions, please call me at 828-296-4500. Sincerely, ,//w Jeff Menzel Environmental Specialist cc: Central Files Asheville Files (P' SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE O Location:2090 U.S.Highway 70,Swannanoa, NC 28778 N ne Caioll a Phone:(828)2964500\FAX:828 299-7043\Customer Service:1-877.623-6748 Internet:soyw.ncwatemualitv.oro G:\WPDATA\DEMWQ\Bnncombe\SFR'sNCG55 alural� , § . \ ! ` \ / | � } { \ \ � \ / / ( ! 3 !_ ; ! , , I § � ] , [ � ! ! ; [ ; ! ! [ ; = ! ! .! : ! r ! � � t. ! , ! , p ! | ! � ) ® nR . . . . . . . . [ ^ . . . . . ! g C ° ! \ ) ; � ! | = / | ° ° � ` � � | i ! ` r : ,� ! ! � { ( | - � ` ) | :, � }i {} )| . � ° ! | ` �! � - � | ( � ! : � : : ` , \| \ } ! ; ® ® ® ® ! ( ; ! ` � I ! ' ! ' � ! ` / � � \ ! \ � � � � . } | i | [{ J) �� § § | ] , . ) ! ` ! / } ; \ | [ � \ ! . \ � / . \ / ` ! | \ { ! } § ; ) ) ) ! ) " ) | ] 00 | !, : . : . , l / � {_ | ! ) ! ! ! ! ! ! { a - ) {\ | ! § ! ! ! ) State of North Carolir� Department of r .,Went AmT4 and Natural Ressouourcces �r Division of Water Quality Michael F. Easley, Governor NCDENR William G. Ross Jr., Secretary Alan W. Klimek, P.E., Director NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RE50URCE5 July 26,2002 JAMES L BRANNON MITCHELL DIST CO-ASHEVILLE PO BOX 5323 ASHEVILLE, NC 28813 Subject Reissue-NPDES Wastewater Discharge Permit Mitchell Dist Co-Asheville COC Number NCG500218 Buncombe County Dear Permutes: In response to your renewal application for continued coverage under general permit NCG500000,the Division of Water Quality(DWQ)is forwarding herewith the reissued wastewater general permit Certificate of Coverage (COC). This CDC is reissued pursuant to the requirements of North Carolina General Statute 143-215.1 and the Memorandum of Agreement between the state of North Carolina and the U.S.Environmental Protection Agency, dated May 9, 1994(or as subsquently amended). The following information is included with your permit package: * A copy of the Certificate of Coverage for your treatment facility * A copy of General Wastewater Discharge Permit NCO500000 * A copy of a Technical Bulletin for General Wastewater Discharge Permit NCG500000 Your coverage under this general permit is not transferable except after notice to DWQ. The Division may require modification or revocation and missuance of the Certificate of Coverage. This permit does not affect the legal requirements to obtain other permits which may be required by DENR or relieve the permittee from responsibility for compliance with any other applicable Federal,state,or local law rule,standard,ordinance,order,judgment,or decree. If you have any questions regarding this permit package please contact Aisba Lau of the Central Office Stormwater and General Permits Unit at(919)733-5083,ext.578 Sincerely, /]2�lC�L[�/ tjF'�v.�C✓' for Alan W.Klimek,P.E. cc: Central Files Stormwater&General Permits Unit Files Asheville Regional Office 1617 Mail service Center, Raleigh, North Carolina 27699-1617 Telephone 919-733-5083 FAX 919-733-0719 An Equal Opportunity Affirmative Action Employer 50% recycled/10% post-consumer paper State of North Carolirr) Department of Environment A74400, 5, and Natural Resources Division of Water Quality - Michael F. Easley, Governor NCDENR William G. Ross Jr., Secretary Gregory J. Thorpe, Ph.D., Acting Director NORTH CAROLINA DEPARTMENT OF ENVIRONMENT ANn NATURAL RESOURCES 11/26/2001 JAMES L BRANNON JAG - J i°�ilil MITCHELL DIST CO-ASHEVILLE PO BOX 5323 ASHEVILLE, NC 28813 Subject: NPDES Wastewater Permit Coverage Renewal Mitchell Dist Cc-Asheville CDC Number NCG500218 Buncombe County Dear Permittee: Your facility is currently covered for wastewater discharge under General Permit NCG500000. This permit expires on July 31,2002. Division of Water Quality(DWQ)staff is in the process of rewriting this permit with a scheduled reissue in the summer of 2002. Once the permit is reissued,your facility would be eligible for continued coverage under the reissued permit. In order to assure your continued coverage under the general permit,you must apply to the DWQ for renewal of your permit coverage. To make this renewal process easier,we are informing you in advance that your permit coverage will be expiring. Enclosed you will find a general permit coverage renewal application form. This will serve as your application for renewal of your permit coverage. The application must be completed and returned with the required information by February 01,2002 in order to assure continued coverage under the general permit.There is no renewal fee associated with this process. Your facility will be invoiced for the annual permit fee a[a later date. Failure to request renewal within this time period may result in a civil assessment of at least$250.00. Larger penalties may be assessed depending on the delinquency of the request. Discharge of wastewater from your facility without coverage under a valid wastewater NPDES permit would constitute a violation of NCGS 143-215.1 and could result in assessments of civil penalties of up to$10,000 per day. If the subject wastewater discharge to waters of the stale has been terminated,please complete the enclosed rescission request form. Mailing instructions are listed on the bottom of the form. You will be notified when the rescission process has been completed. If you have any questions regarding the permit coverage renewal procedures please contact the Asheville Regional Office at 828-251-6208 or Delonda Alexander of the Central Office Stormwater Unit at(919)733-5083,ext.584 Sincerely, Bradley Bennett,Supervisor Stormwatcr and General Permits Unit cc: Central Files Stormwater and General Permits Unit Files Asheville Regional Office 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone 919-733-5083 FAX 919-733-9919 An Equal Opportunity Affirmative Action Employer 50%recycled/10%post-consumer paper C-) FACILITY COUNTY CLASS MAILING ADDRESS RESPONSIBLE FACILITY OPERATOR OFFICIAL REPRESENTATIVE TELEPHONE NO. WERE LOCATED CERT. NUMBER CLASS NPDES PERMIT NUMBER NC00 OTHER PERMIT NO. STATE - FEDERAL DATE ISSUED DATE ISSUED EXPIRATION DATE STREAM: NAME CLASS 7010 SUB-BASIN