WQ0003924_NOV and Intent to Assess_20200605

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. DANIEL SMITH
Director
NORTH CAROLINA
Environmental Quality
June 5, 2020
Certified Mail # 70161370 0000 2593 7650
Return Receipt Requested
Perry Keister - Partner
Linco Partnership
288 Whitehouse Drive
Lincolnton, NC 28093
Certified Mail # 70161370 0000 2593 7667
Return Receipt Requested
Perry Keister — Partner
Linco Partnership
5200 Old Harding Road
Nashville, TN 37064
Subject: NOTICE OF VIOLATION and
NOTICE OF INTENT TO ENFORCE
NOV-2020-PC-0261
Linco Partnership
Permit No. WQ0003924
Wastewater Irrigation System
Lincoln County
Dear Mr. Keister:
Your response to the Division of Water Resources' (Division) letter requesting information was
received on May 19, 2020. A review of your response along with the subject permit and file
revealed the violations indicated below:
1. Failure to designate an Operator in Responsible Charge (ORC)
Your subject permit in Condition III OPERATION AND MAINTENANCE
REQUIREMENTS, Item 2. states, "Upon the Water Pollution Control System Operators
Certification Commission's (WPCSOCC) classification of the subject non -discharge
facilities, in accordance with 15A NCAC 08G .0200 the Permittee shall designate and
employ a certified operator in responsible charge (ORC) and one or more certified
D E Qbi�� North Carolina Department of Environmental Quality I Division of Water Resources
Mooresville Regional Office 1 610 East Center Avenue, Suite 301 1 Mooresville, North Carolina 28115
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operator(s) as Back-up ORC(s). The ORC or their back-up shall visit the facilities in
accordance with 15A NCAC 08G .0200, and shall comply with all other conditions
specified in the previously sited rules. [ 15A NCAC 02T .0117]"
In addition, Title 15A NCAC 08G .0201 RESPONSIBILITY OF SYSTEM OWNERS TO
DESIGNATE CERTIFIED OPERATORS states, "Owners of classified water pollution
control systems shall designate operators certified by the Commission of the same type and
grade as the classification for the system and for each classification shall:
(1) designate one ORC who possesses a valid certificate of the type and grade at least
equivalent to the type and grade of the system;
(2) designate one or more Back-up ORC(s) 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 Back-up ORC is required for systems whose minimum visitation requirements are
twice per year; and
(3) submit a signed completed 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 ORC and the Back-up ORC:
(a) 60 days prior to wastewater or residuals being introduced into a new system;
(b) within 120 days following:
(i) notification of a change in the classification of the system requiring the
designation of a new ORC and Back-up ORC of the proper type and
grade; or
(ii) a vacancy in the position of ORC or Back-up ORC; or
(c) within seven days of vacancies in both ORC and Back-up ORC positions
replacing or designating one of the responsibilities. the Operator Designation Form
may be found on the Commission website at:
https:Hdeq.nc.gov/about/divisions/water-resources/operator-
certification/wastewater-operatorcertification/wastewater-operator-certification-
downloads and shall include:
(i) the owner's name, contact information, and signature;
(ii) the system name, location, permit number, type, and classification;
(iii) the ORC name, contact information, the type and grade of the
certification, and signature; and
(iv) the Back-up ORC name(s), contact information, the type(s) and
grade(s) of the certification(s), and the signature(s)."
Division records indicate that no ORC or Back-up ORC has been designated or
currently employed by Linco Partnership.
2. Unpermitted Discharge of Wastewater
Your subject permit in Condition II. PERFORMANCE STANDARDS, Item 1. states, "The
subject non -discharge facilities shall be effectively maintained and operated at all times so
there is no discharge to surface waters, nor any contravention of groundwater or surface
water standards. In the event the facilities fail to perform satisfactorily, including the
creation of a nuisance condition due to improper operation and maintenance, the Permittee
shall take immediate corrective actions including Division required actions as stipulated in
G.S. 143-215.1, 143-213.3(a)".

In addition, Condition III. OPERATION AND MAINTENANCE REQUIREMENTS,
Item 1. states, "The facilities shall be properly maintained and operated at all times. The
facilities shall be effectively maintained as a non -discharge system to prevent the discharge
of any wastewater resulting from the operation of this facility."
In addition, Conditions III. OPERATION AND MAINTENANCE REQUIREMENTS,
Item 11. states, "Diversion or bypassing of untreated or partially treated wastewater from
the treatment facilities is prohibited. [15A NCAC 02T .0505(d)]"
Your response on May 19, 2020, indicated that wastewater was discharged from the
system on or about April 13, 2020, as a result of heavy rains and a power outage.
3. Failure to report a discharge
Your subject permit in Condition IV. MONITORING AND REPORTING
REQUIREMENTS, Item 13. Noncompliance Notification states "The Permittee shall
report by telephone to the Mooresville Regional Office, telephone number [phone],
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. Treatment of wastes abnormal in quantity or characteristic, including the known
passage of a hazardous substance.
b. Any process unit failure (e.g., mechanical, electrical, etc.), due to known or
unknown reasons, rendering the facility incapable of adequate wastewater
treatment.
c. Any facility failure resulting in a by-pass directly to receiving surface waters.
d. Any time self -monitoring indicates the facility has gone out of compliance with its
permit limitations.
e. Ponding in or runoff from the irrigation sites.
Any emergency requiring immediate reporting (e.g., discharges to surface water, imminent
failure of a storage structure, etc.) outside normal business hours shall be reported to the
Division's Emergency Response personnel at telephone number [phone], (800)
733-3300. Persons reporting such occurrences by telephone shall also file a written report
in letter form within five days following first knowledge of the occurrence. This report
shall outline the actions taken or proposed to be taken to ensure the problem does not recur.
[15A NCAC 02T .105(1), 02T .0108 (b)(1)]"
The Division has no record of any report from Linco Partnership regarding the
discharge(s) that occurred on or about April 13, 2020, as noted in your
correspondence dated May 19, 2020.
4. Failure to conduct monitoring as required
Your subject permit in Condition IV. MONITORING AND REPORTING
REQUIREMENTS, Item 3 states, "Flow through the treatment facility shall be
continuously monitored, and daily flow values shall be reported on Form NDMR.

The Permittee shall install and maintain an appropriate flow measurement device to ensure
the accuracy and reliability of flow measurement consistent with accepted engineering and
scientific practices. Selected flow measurement devices shall be capable of measuring
flows with a maximum deviation of less than ten percent from the true flow; accurately
calibrated at a minimum of once per year; and maintained to ensure the accuracy of
measurements is consistent with the selected device's accepted capability. The Permittee
shall maintain records of flow measurements device calibration on file for a period of at
least five years. At a minimum, documentation shall include:
a. Date of flow measurement device calibration,
b. Name of person performing calibration, and
c. Percent from true flow. [15A NCAC 02T .0105(k)]"
In addition, Condition IV. MONITORING AND REPORTING REQUIREMTNTS, Item
4 states, "The Permittee shall monitor he effluent form the subject facilities at the
frequencies and locations for the parameters specified in Attachment A. [15A NCAC
02T .0108 (c)]."
In addition, Condition IV. MONITORING AND REPORTING REQUIREMTNTS, Item
5 states, "The Permittee shall maintain adequate records tracking the amount of effluent
irrigated. At a minimum, these records shall include the following information for each
irrigation site listed in Attachment B:
a. Date of irrigation;
b. Volume of effluent irrigated;
c. Site irrigated;
d. Length of time site is irrigated;
e. Continuous weekly, monthly, and year-to-date hydraulic (inches/acre)
loadings;
f. Loading rates to each infiltration site listed in Attachment B;
g. Continuous monthly and year-to-date loadings for any non -hydraulic
parameter specifically limited in Attachment B;
h. Weather conditions; and
1. Maintenance of cover crops. [I5A NCAC 02T .0108(c)]"
In addition, Condition IV. MONITORING AND REPORTING REQUIREMTNTS, Item
6 states, "Freeboard (i.e., waste level to the lowest embankment elevation) in the
2,000,000-gallon storage lagoon and 300,000-gallon storage tank shall be measured to the
nearest inch or tenth of a foot, and recorded weekly. Weekly freeboard records shall be
maintained at the facility for a period of no less than five years, and shall be made available
to the Division upon request. [ISA NCAC 02T .0108(c)]"
In addition, Condition IV. MONITORING AND REPORTING REQUIREMTNTS, Item
7 states, "Three copies of monitoring data (as specified in Conditions IV.3. and IVA) on
Form NDMR for each PPI and three copies of all operation and disposal records (as
specified in Conditions IV.5 and IV.6) on Form NDAR-1 for every site in Attachment B
shall be submitted on or before the last day of the following month. If no activities occurred
during the monitoring month, monitoring reports are still required documenting the
absence of activity. All information shall be submitted to the following address:

Division of Water Resources
Information Processing Unit
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
[15A NCAC 02T .0105(1)]"
The Division has no record of receipt of NDMR and NDAR-1 reports for the months
of May, July, and November of 2019, and for March of 2020.
You are required to take any necessary action to correct the above violations on or before
July 6, 2020, and to provide a written response to this Notice within 30 calendar days of
receipt of this notice. Please include in your response all corrective actions already taken and a
schedule for completion of any corrective actions not addressed.
The Mooresville Regional Office is considering forwarding a recommendation of
enforcement action to the Director of the Division of Water Resources, including the
potential assessment of civil penalties for the above -mentioned violations. You are requested
to provide a written response to this Notice within thirty (30) calendar days of receipt
detailing the measures taken, or those that will be taken, to immediately abate the violations.
Your response will be forwarded to the Director for his review and consideration.
Failure to comply with conditions in a permit may result in a recommendation of enforcement
action, to the Director of the Division of Water Quality who may issue a civil penalty assessment
of not more that twenty-five thousand ($25,000) dollars against any "person" who violates or fails
to act in accordance with the terms, conditions, or requirements of a permit under authority of G.S.
143-215.6A.
If you have any questions concerning this matter, please contact Edward Watson of the
Mooresville Regional Office at [phone] or by email at Edward.Watsongncdenr.gov.
Sincerely,
EA
DocuSigned by:
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F161 FB69A2D84A3...
for W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Division of Water Resources, NCDEQ
CC: WQROS Mooresville Regional Office - Enforcement File
DWR Compliance/ Enforcement Unit — Enforcement File
Brent Burch, DWM-Hazardous Waste Section (via email)
Sean Morris, DWM- Hazardous Waste Section (via email)
Jason Watkins, DWM- Soil Waste Section (via email)
Deb Aja, DWM-Solid Waste Section (via email)
Erick Saunders, Non -Discharge Permitting-NCDEQ (via email)
USEPA Region IV Office, Atlanta, GA