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NC0055611_Regional Office Historical File 2007 to 2015
Facility information NPDES permit #: NC0055611 Caldwell County Facility name: Blackberry (Ridge) Sewer System WWTP class: II WWTP type: 0.003 MGD WWTP extended aeration package plant consisting of: manual bar screen; aeration basin with single blower providing diffused air; secondary clarifier with skimmer and sludge returns; UV disinfection with tablet chlorination and tablet dechlorination for back-up; and post aeration tank. Development: Consists of 15 homes serving a 30 permanent year-round residents and a condominium with six 1-bedroom units, occupied seasonally. The homes have individual septic tanks and a gray water discharge to the WWTP. Annual Average Flow: 0.0005 MGD (3 year average -- 2005-2008). Collection System: The gray water is collected from individual septic tanks to a pump station and gravity fed to WWTP. Sludge Management: Commercial hauler;to the Town of Boone's WWTP. WWTP location: Blackberry Road; southeast of Blowing Rock Responsible official: Susan Glenn Responsible " 's title: owner Email: sueglenn@blowingrockrealty.com Official's location: Blowing Rock Realty; 2018 S. Main Street; Blowing Rock, NC 28605 Mailing address: PO Box 1770; Blowing Rock, NC 28605 Phone numbers 828-295-9861 Sue Glenn 800-255-9861 " 828-295-7673 " — after hours 828-295-4342 " - fax 828-260-2053 cell Larry Townsend, ORC 828-898-9212 " - home 828-260-2027 cell Jadd Brewer, Back-up ORC 828-898-6277 Water Quality Lab & Operations, Inc. — contractor 828-898-6255 "" — fax — PO Box 1167; Banner Elk, NC 28604 Operator information ORC & grade: Back-up ORC & grade: Permit information Date issued: Expiration date: 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: Other information Directions: Larry Townsend - Grade III - Cert. # 11841 Water Quality Lab & Operations, Inc. — contractor Jadd Brewer - Grade III - Cert. # 10206 12-1-2008 10-1-2013 UT to Yadkin River; Yadkin -Pee Dee River Basin 03-07-01 Winston Salem -Boone C-Trout no data no data no data no data no data From Blowing Rock, take US Hwy 321 South 2 miles. At St. Marks Church, turn left onto Blackberry Road. Go a 2-3 miles, until just before the pavement ends. There is a housing development on the left and brick house on the right. Turn left into the housing development and take an immediate left onto a small access road to the WWTP. The package plant is inside a two story locked building. �GF WATEj4 p Michael F. Easley, Governor �0 G William G. Ross Jr., Secretary North Carolina I)egakt—n pt of Environment and Natural Resources pColeen Ii Sullins; Director Division of Water Quality October 31, 2008 - /--�- - Ms. Susan Glenn u lu! NOV — 3 2008 Blowing Rock Realty P.O. Box 1770 BlowingRock, NC 28605 -1770 WATER QUALITY SECTION ociA SHEVILLE REGIONAL OFFICE Subject' Issuance Permit NCO055611 Blackberry Ridge WWTP Caldwell County Dear Ms. Glenn: 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 permit includes no major changes from the draft permit sent to you on September 10, 2008. 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 Guerra at telephone number (919) 807-6387. Sincerely, Coleen H. Sullins Enclosure: NPDES Permit NCO055611 cc: Ass evllle Reglonat S'O, ice /, Surface Water Protection, ,/ ater Quality Lab and Operations, Inc. PO Box 1167 / 1522 Tynecastle Highway Banner Elk, NC 28604 NPDES Unit Mailing Address Phone (919) 807-6300 1617 Mail Service Center Fax (919) 807-6492 Raleigh, NC 27699-1617 Location No°ithCarol 512 N. Salisbury St. QtlllYl�� Raleigh, NC 27604 Internet: www.ncwaterguality.ora Customer. Service 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer-50% Recycled/10% Post Consumer Paper Permit NCO055611 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY PERMIT TO DISCHARGE WASTEWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provision of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, the Susan Glenn is hereby authorized to discharge wastewater from a facility located at the Blackberry Ridge WWTP Blackberry Road Blowing Rock Caldwell.County to receiving waters designated as and unnamed tributary to the Yadkin River in the Yadkin -Pee Dee 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 December 1, 2008. This permit and authorization todischarge shall expire on October 31, 2013. Signed this day October 31, 2008 / oleen H. Sullins, Director / Division of Water Quality By Authority of the Environmental Management Commission Pen -nit NCO055611 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. Susan Glenn is hereby authorized to: 1. Continue to operate an existing 0.003 MGD wastewater treatment system with the following components: ➢ Septic tanks ➢ Pump station ➢ Force main ➢ Aeration basin ➢ Clarifier , ➢ UV disinfection ➢ Post aeration The facility is located at the Blackberry Ridge WWTP, southeast of Blowing Rock in Caldwell County. 2. Discharge from said treatment works at the location specified on the attached map into an unnamed tributary to the Yadkin River, classified C-Trout waters in the Yadkin -Pee Dee River Basin. a Blackberry Ridge WWTP Latitude: 36° 06' 59" N State Grid: Winston-Salem/Boone Longitude: 81° 38' 38" W Permitted Flow: 0.003 MGD Receiving Stream: UT to Yadkin River Drainage Basin: Yadkin -Pee Dee River Stream Class: C-Trout Sub -Basin: 03-07-01 Facility '• �;:z kx Location not to scale �TO�t7_ 1 V h NPDES Permit No. NCO055611 Caldwell County Permit NCO055611 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 treated wastewater from outfall 001. Such discharges shall be limited and monitored by the Permittee as specified b6.low: Effluent LIMITS r ; n MONITORING REQUIREMENTS Characteristics Monthly:Average Daily Maximum Measurement Sample TypeE Sample,Location � F"reguency i Flow 0.003 MGD Weekly Instantaneous Influent or Effluent BOD, 5-day (20°C) , 30.0 mg/L. 45.0 mg/L Weekly Grab Effluent Total Suspended Solids 30.0 m L 45.0 m L Week1v Grab Effluent NH3 as N 11.1 mg/L 35.0 mg/L Weekly Grab Effluent (Apr 1 - Oct 31) NH3 as N Weekly Grab Effluent Nov 1 - Sept 30 Total Residual 28.0 ug/L 2/week Grab Effluent Chlorine2,3 Temperature Daily Grab Effluent Weekly Grab Effluent H4 Dissolved Oxygen Weekly Grab Effluent, Upstream & Downstream Fecal Coliform 200/ 100 mL 400/ 100 mL Weekly Grab Effluent (geometric mean) Upstream & Downstream Total Nitrogen (TN) Quarterly Grab Effluent Total Phosphorus (TP) Quarterly Grab Effluent Footnotes: 1. Upstream = at least 100 feet from the outfall. Downstream = at least 300 feet downstream from the outfall 2. Monitoring requirement and limit applies only if chlorine is added to the treatment system. 3. The Division shall consider all effluent TRC values reported below 50 ug/1 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 ug/l. 4. The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units. 5. The daily average dissolved oxygen effluent shall not be less than 6.0 mg/L. 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. )ES 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 AVera_e 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 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. Use of this method requires prior approval by the Director. This method may only be 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 Version 1011012007 PDES Permit Standard Conditions Page 2 of 16 ➢ 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 X hours [X = days detention time] over a 24-hour period. Effluent samples shall be collected 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. 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. Dail, Sampling Parameters requiring 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). DWQ 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. 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). Hazardous Substance Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the Clean Water Act. Version 10/10/2007 )ES Permit Standard Conditions Page 3of16 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. 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, the geometric mean of such discharges. Permit Issuing Authority The Director of the Division of Water Quality. Quarterly Average (concentration limitl 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 limitl The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar week. In the case of fecal coliform, 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 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 Version 1011012007 i PDES Permit Standard Conditions Page 4 of 16 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)] d. Any person who knosvinVI 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. [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 5 143-215.6A] g. Any person may be assessed an admuiistrative 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 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. 5) and "Power Failures" (Part II. C. 7), nothing in this permit shall be construed to relieve the Permittee from any responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3, 143-215.6 or Section 309 of the Federal Act, 33 USC 1319. Furthermore, the Permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance.may be temporarily suspended. 4. Oil and Hazardous Substance Liability Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the Permittee from any responsibilities, liabilities, or penalties to which the Permittee is or may be subject to under NCGS 143- 215.75 et seq. or Section 311 of the Federal Act, 33 USG 1321. Furthermore, the -Permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. Version 1011012007 )ES Permit Standard Conditions Page 5of16 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. 7. Severabilit. 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 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. 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]. Version 1011012007 PDES Permit Standard Conditions Page 6 of 16 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] 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]: "1 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 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 211.0105 (b) (2) may cause this Division to initiate action to revoke the permit. Section C. Operation and Maintenance of Pollution Controls 1. Certified Operator 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. Back-up ORCs must possess a grade equal to (or no more than one grade less than) the grade of the system [15A NCAC 8G.0201]. Version 1011012007 )ES Permit Standard Conditions Page 7of16 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 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. 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. Version 1011012007 PDES Permit Standard Conditions Page 8of16 (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. Upsets 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 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 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. 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 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)]. Version 1011012007 )ES Permit Standard Conditions Page 9 of 16 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, postmarik:ed 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 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 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. 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 fast 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 Version 1011012007 PDES Permit Standard Conditions Page 10 of 16 ➢ 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; 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 permit; c. Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this permit; and d. Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise authorized by the Clean Water Act, any substances or parameters at any location [40 CFR 122.41 (i)]. Section E Reporting Requirements 1. Change in Discharge All discharges authorized herein shall be consistent with the terms and conditions of this permit. The discharge of any pollutant identified in this permit more frequently than or at a level in excess of that authorized shall constitute a violation of the permit. 2. Planned Changes The Permittee shall give notice to the Director as additions to the permitted facility [40 CFR 122.41 M. 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 122.41 (1) (2)]. Version 1011012007 )ES Permit Standard Conditions Page 11 of 16 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 (1) (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 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, 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)]. S. 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)]. 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. Version 10/10/2007 PDES Permit Standard Conditions Page 12 of 16 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 143-215.1(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 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 process(es) 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 irknows 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-dinittophenol; 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"; Version 10/10/2007 )ES Permit Standard Conditions Page 13of16 (1) Five hundred micrograms per liter (500 [ g/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 in 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 adverse impacts to waters of die 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: 1. 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 CFR 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 40°C (104°F) unless the Division, upon request of the POTW, approves alternate temperature limits; Version 10/10/2007 PDES Permit Standard Conditionsz Page 16 of 16 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 (PPS) A pretreatment program summary (PPS) on specific forms approved by the Division; c.) Significant Non -Compliance Report SNCR) 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 (IDSF) 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 POTW's 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 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. 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. 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 1011012007 I' >Vater Quality Lab and Operations, Inc_ P.O. Box 116711522 Tynecastle Highway Banner Elk, NC 286o4 Ph. 828-898-6277Fax 828-898-6255 Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Water Quality Lab and Operations 1522 Tynecastle Highway Banner Elk, NC 28604 NC DENR/DWQ/Point Source Branch Att: Mrs. Carolyn Bryant Blackberry Ridge Mrs. Bryant, Blackberry Ridge. WWTP has applied for the wastewater plant permit renewal for the 2008-2013 years. There have been no current changes to the plant since the last permit renewal. Blackberry Ridge WWTP permit renewal was completed by Jadd Brewer at Water Quality Lab and Operations, Inc. located in Banner Elk, NC. If you have any questions at all feel free to contact myself, Jadd Brewer at 828-898-6277. Added Information The bio excess solids when removed from the wastewater treatment plant will be hauled directly to the Town of Boone wastewater treatment plant. /Thank you, Ja eBrew er FR Water Quality Lab and Operations, Inc. ; J I AUG 1 2 2008 WATER QUALITY SECTION ASHEVILLE REGIONA�OFFICE 07/28/2008 15:26 8282954342 BLOWING ROCK REALTY PAGE 02 NPDES APPLICATION - FORM D For privately owned treatment systems treating 100% domestic wastewaters <1.0 MGD Mail the complete application to: X. C. DENR / Division of Water Quality / NMES Unit i� 1617 Mail Service Center, Raleigh, NC 27699-1617 NPDES Permit CO ' If you are completing this form. in computer use the TAB key t the up — dorm e, ease Print off type. one field to the next. To check the boxes, click your mouse on top of the box. Otherwise, P P 1. Contact Information: Owner Name Facility Name Mailing Address city State / Zip Code Telephone Number Fax Number e-mail Address 2. Location of facility producing disc g - Check here if same address as above Street Address or State Road City State / Zip Code County aom 3. Operator Information: Name of the firm, public organization or other entity that operates the facility. (Note that this is no fit referring to the Operator in Responsible Charge or ORC) Name Q _ mailing Address city State / Zip Code Telephone Nunnber Fax',Number mw� 0 • I _ f AUG 1 2 2008 WATER QUALITY SECTION AS;-IEVILLE RE_;iONAL Or66'_b 5G L 1 of 3 07/28/2008 15:26 8282954342 BLOWING ROCK REALTY PAGE 03 NPDES APPLICATI01q . FORM D } For privately owned treatment systems treating 100% domestic urastewaters <1.0 MGD 4. Description of wastewater: Facilit�Geaeratin Wastewater(check all that apply): Industrial ❑ Coinmercial ❑ Residential School ❑ Other ❑ Number of Employees Number of Employees Number of Homes Number of Students/ Staff ,Explain: Describe the sources) of wastewater (example: subdivision, mobile home perk, shopping centers, restaurants, etc.: -/�C } bc\;� cs'® 1 Vv �C Population served: ) 6, T yf collection system sewer arate (sanitary sewer only) ❑Combined (storm sewer and sanitary 6. Outfall Information: Number of separate discharge points — Outfall Identification number(s) , Is the outfall equipped with a diffuser? ices ❑ No 7. Name of TOCC.Mt g St (pro vide a map showing the exact location of each outfaIik Nee S. Frequency of Discharge: Continuous ❑ Intermittent If intermittent: Duration: Days per weep discharge occurs: g, Describe the treatment system e design removal or BOl�, TSS, nitrogen and List all installed components, space including is not sa ��,� ttach the description of the treatment system in a phosphorus. If the space provided separate sheet ofPaper. �frM-�On u\1 poSt Acra+i oY1 AUG 12 2008 i�� �'-TiCN � � L Form-D 05108 2of3 07/28/2008 15:26 8282954342 BLOWING ROCK REALTY PAGE 04 "]DES APPLICATION - FORM D For privately owned treatment systems treating 100910 domestic wastewaters <1.0 MGD r - 10. Flow Information: OOP MGD .rreatment Plant Design flora �- Annual Average daily flora , CLO5'MGD (fox the previous 3 years) 00 1 for the previous 3 years) Maximum daily flow "_ MGI7 l 1].. Is this facility located on Indian country? Yes 21' No 12. Effluent Data prov ide data for the parameters listed. Penal Coliform, Temperature and be grab samples, for all other pX3 shall parameters 24-hour composite sampling shall be used, ,ff more than one analysis is reported, report daily maximum and monthly average. If only one analysis is reported, report as daily maximum. Daily Monthly Units of Parameter Meximmum Avern a Measurement Biochemical Oxygen Demand (BODs) L 1 L I C f 1( rNl Fecal, Colxform % MC Total Suspended Solids `J a Temperature (Summer) 14 .3 5 C Temperature (Winter) S Lk PH 13. List all permits, construction approvals and/or applications: Permit'Nt timber �PPe Permit Number Type ... -. NESHAPS (CAA) Hazardous Waste (RCRA) UIC (SDWA) Ocean Dump NPDES� 5L� Dredge or fill PSD (CAA) Other Non-atteinnient program (CAA) 14. ,A,pp)GICANT CERTIFICATION L I1 114 AUG 1 2 Luuo i VJF TEES O�11�L1-i Y SECTION OFpCE ct rVILI G -� - that to the I certify that I am familiar with the Uformation coataxaea .'tk►e-a"vvlicatioa and best of my knowledge and belief such informat3oa is true, complete; OcIJA Tile i name of Person Sigzung accurate. _W. . P Date Signature of Applicant North Carolina General Statute 143.215.e (b)(2) states: Any person who knowingly makes any false statement representation, or certification in any application, record, report, plan, or other that Article ordwho falsifiment es, tampers witor required h, oar knowt�'ned gly renders Anlal��erany recording or monulgons of the itoring devlice or method Commission implementing required to be operated or maintained under Article 21 or regulations o yeimprisonment not to Management ce six months, or by (both n(is U.S.C. Section 1001 guilty of a misdemeanor punishable by a fine not to exceed �25, 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,) Form-0 05108 3cf3 r� SUSAN GLENN OWNER BLACKBERRY SEWER SYSTEM PO BOX 1770 BLOWING ROCK NC 28605 Dear Ms. Glenn: &7/� Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Division'bf Water Quality ' August 8, 2008 i i AUG 12 Zoos > VVATER OLIALITY SECTION ASI- -Vi_I E REGIONAL OFFICE Subject: Receipt of permit renewal application NPDES Permit NCO055611 Blackberry Sewer System Caldwell County The NPDES Unit received your permit renewal application on August 8, 2008. A member of the NPDES Unit will review your application. They will contact you if additional information is required to complete your permit renewal. You should expect to receive a draft permit approximately 30-45 days before your existing permit expires. If you have any additional questions concerning renewal of the subject permit,i please contact Robert Guerra at (919) 807-6387. Sincerely, Dina Sprinkle NPDES Unit cc: CENTRAL FILES iVAT , v -eR: ' i,gl[®:��c�-/Surface Water Protection NPDES Unit Mailing Address Phone (919) 807fi300 Location NorthCarol 1617 Mail Service Center Fax (919) 807-6492 512 N. Salisbury St. )/ atAmall Raleigh, NC 27699-1617 Raleigh, NC 27604 Internet: www.newatercuualitv.org Customer Service 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer— 50% Recycled/10% Post Consumer Paper , G �,'+I l ,; 1}�� J �I 9 ,,.. � r .V. C I � 7' .,, .. r, :. fr, ,C.�1, i•1 i t. 1�.. �y,� -:' n a"r.,4 � n.4 �;vd �KYN � sFyV..>: �'r . , _,";r + ',:^��.:,, s- dr ..,. ,.,' � ,:: -:.' 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"_ Yid -: _. � n' h-- ROY COOPER �•. bivisiun C :`d-isr Ftesaurcrs l�nrcrnor MICHAEL S. REGAN OCT 3 1 2017 Reovialy Water Resources S. JAY ZIMMERMAN ENVIRONMENTAL QUALITY Operations Director October 20, 2017 .Ms:. -Susan Glenn P.O. Box 1770 Blowing -Rock, NC 28605-1770 Subject: Rescission of NPDES Permit NCO055611 Blackberry Sewer System Caldwell County Dear Ms. Glenn: The Division received your request to rescind the subject permit, and we do not object to your request. NPDES permit NCO055611 is hereby rescinded, effective immediately. This letter is to close the permit file for the Division, and for your records. If in the future your -facility wishes to discharge wastewater to the State°s surface waters, you must first apply for and receive a new NPDES permit. If you have any questions concerning this matter, please contact Charles H. Weaver at (919) 807-6391 or via e-mail [charles.weaver@ncdenr.gov]. Sincerely, r� z �( Jay immerman, P.G. Director _Dd V i.Sd c-n .of .Water .R-e.S.o u. r c.P s cc: R a Files AshQville Regiona+ O��ice ✓Landon Davidson NPDES files Teresa Revis / Budget State of North Carolina I Environmental Quality I Water Resources 1617 Mail Service Center I Raleigh, NC 27699-1617 .9.19 B..0.7 haO.0 -9.19-80.7708.9-FAX- hqs://deg.ncSov/about/divisions/water-resources/water-resources )ernuts/wastewater-branch/npdes-wastewaterpermits Wiggs, Linda From: Davidson, Landon Sent: Friday, October 13, 2017 9:45 AM To: Wiggs, Linda Subject: FW: NCO055611 settlement received fyi G. Landon Davidson, P.G. Regional Supervisor —Asheville Regional Office Water Quality Regional Operations Section NCDEQ — Division of Water Resources 828 296 4680 office 828 230 4057 mobile Landon. Davidson (a)ncdenr.cLov 2090 U.S. Hwy. 70 Swannanoa, N.C. 28711 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Weaver, Charles Sent: Friday, October 13, 2017 9:43 AM To: Thedford, Wren <wren.thedford@ncdenr.gov> Cc: Davidson, Landon <landon.davidson@ncdenr.gov> Subject: RE: NCO055611 settlement received This is a one-time settlement to close all her existing penalties. There are ten open cases for NC0055611. Assign $200/case, to be paid as follows: Enter $200.00 in the field marked "Payment Received By AGO or as settlement in SOC" Close each case today. Prepare the acknowledgement letter showing that the $2000 has been received and the cases have been closed [including case numbers]. Bring the letter to me, as I need to rescind the permit and put the rescission letter in the same envelope. . Thanks, Wren. CHW From: Thedford, Wren Sent: Friday, October 13, 2017 9:07 AM To: Weaver, Charles <charles.weaver@ncdenr.gov> Subject: NCO055611 Hi, I have a check for $2,000 and a letter addressed to you regarding fees associated with NC0055611. Looking at BIMs there are a few outstanding payments. Which plentily does this cover? AC27299 North Carolina Division of Water Resources Water Sciences Section Laboratory Results Loc. Descr.: County: Region: River Basin Emergency COC Yes/No BLACKBERRY RIDGE WWTP AVERY Collector: L WIGGS AR_ O Report To ARO Collect Date: 03/09/2016 Collect Time: 00:00 Sample Depth VisitlD Location ID: NCO055611 Priority Sample Matrix: WASTEWATER Loc. Type: EFFLUENT Final Report Sample ID: AC27299 PO Number# ARO Date Received: 03/09/2016 Time Received: 14:55 Labworks LoginlD KJIMISON2 Delivery Method Hand delivered Final Report Date: 4/7/16 Report Print Date: 04/08/2016 If this report is labeled preliminary report, the results have not been validated. Do not use for Regulatory purposes. Result/ Method Analysis CAS # Analyte Name PQL Qualifier Units Reference Date Validated by ARO BOD, 5-Day in liquid 2.0 27 mg/L APHA5210B 3/9/16 ESTAFFORDI Coliform, MF Fecal in liquid 1 4 B2 CFU/100ml APHA9222D-20th 3/9/16 ESTAFFORDI Residue_Suspend ed in liquid 6.2 26 mg/L APHA2540D-20th 3/14/16 ESTAFFORDI Sample temperature at receipt by lab 3.9 °C 3/9/16 RBYRD WSS Chemistry Laboratory>> 1623 Mail Service Center, Raleigh, NC 27699-1623 (919) 733-3908 "Not Detected" or "U" does not indicate the sample is analyte free but that the analyte is not detected at or above the PQL. Page 1 of 1 -UF--------------------- rn _-..-. .,.,..gin .srar s-�.^c�s: �r�r,,a-m �* ..^'r"• ra;s�,rs�,.r,.:.'mF-2°'u^e-a..:��,�^�...r�,^ -� aa..:..-,ir-r^I.1, Te��,-e+r r..1T.hr^�+,. ileri�ir�n�l W. a WIVJIVICltl IJ : 1 ------------- J � J WPCSOCC Operator Designation Form, cont. Facility Name; ,VI 13 F w k)I'P Permit #; N _ Q0 U � _ I Back -Up Operator in Responsible Charge (BU ORC) Print Full Name 1J -- -�� _ Email: .U)6�Ta��t>�1�R$Q.�/}� Certificate Type / de / Number: �L' ICES y) Work Phone #: Signature: Date: 9 - 22- "I certify that I agreeto my dedgnati a Back-up Operator in Responsible Charge for the facility noted. I understand and will abide by the rules. and tegulations.pertaining to the responsibillties.ofthaBU.ORC asset forth -in 1.5ANCAC.08G.0205 and. failing to do so: can result in Disci pl i nay Actions by the Water Pollution Control System Operators Certification Commi ss an " Back -Up Operator in Responsible Charge (BU ORC) WA -re: e 620A tzr�cAgsG� YA ktW e oM Print Full Name: I)Ary Ra F_WEQ, Email:. JAwI3IZcoA% Certificate Type / Grade / Number: (e Work Phone #: 8 Z 8 ` QX6 O - aoQ r- Signature: Date: 9�22�fs "I certify that I agr o my des gnAion as a Back-up Operator in Responsible Charge for the facility noted. I understand and will abide by the rules and regulations pertaining b the responsibilities of the BU ORC asset forth in 15A NCAC 08C .0205 and failing to do so can result in Disciplinary Actions by the Water Pollution Control System Operators Certification Commission." ............................................................................................................................................ I...... I...... Back -Up Operator in Responsible Charge (BU ORC) Print Full Name: 'Phyl- nsrm 0607- E-mail: II JA'iF'RAOA LjZ-r jLA93,j'QAR "� Certificate Type /Grade / N bee: j,�, ICJ Work Phone #: 2,z`� Signature: Date: ` Z Z_/ Lr I certify that I agr&6 my designation as.a Bacic-up Operator in Responsible Charge for the facility noted, I understand and will abide by the rules and regulations pertaining to the responsibilities of the BU ORC as set forth in 15A NCAC 08G .0205 and failing to do so can result in Di sci pl i nary Actions by the Water Pollution Control System Operators Certification Commi sd on " ....................................................... ....................••.............,......... ........ Back -Up Operator in Responsible Charge (BU ORC) Print Full Name: Certificate Type / Grade / Number: Signature: Work Phone #: Date: 'I certify that I agree to my dart gnation as a Backup Operator in Responsible Charge for the facility noted. I understand and will. abide.by the rules and regulations pertaining to the responsibilities of the BU ORC as set forth in 15A NCAC 08G .0205 and failing to do so can result in Disciplinary Actions by the Water Pollution Control System Operators Certification Commission." Revised 05-2015 Water Pollution Control System Operator Designation Form WPCSOCC NCAC 15A 8G .0201 Permittee Owner/Officer Name: Mailing Address: P.O. & 11(o `1 S City: _ m Al t= R fjLl�, State: r46 Zip: Z j&0q - j j&`7 Phone #: ��s'-2 & b - -Z b 2r7 Email address: UV,416 U�4L�'tVLi4 5 47- V,4116o.66/A Signature: Date: q A-Z 115 Facility Name: BLACIUCERN j/W iCW Permit #: NC 6055(o 1 1 County: CA LT) W CLt^ ............................................................................................................................................................ SUBMIT A SEPARATE FORM FOR EACH TYPE SYSTEM! Facility Type/Grade (CHECK ONLY ONE): Biological Collection Physical/Chemical Surface Irrigation Land Application .......................................................................................................................................................... Operator in Responsible Charge (ORC) Print Full Name: CH 975 'TAN 0NTGOMOZY Email: WVAT6RQ t jA t_m 7VL A5(-1 Do. ivy Certificate Type / Grade / Number: nC l042 l qb Work Phone #: Signature: "Lkl Date: 9/22 //.5 "I certify that I'agree to my designation as the Operator Responsible Charge for the facility noted.l understand and will abide by the rules and regulations pertaining to the responsibilities of the ORC as set forth in 15A NCAC 08G .0204 and failing to do so can result in Disciplinary Actions by the Water Pollution Control System Operators Certification Commission." ............................................................................................................................................................ Back -Up Operator in Responsible Charge (BU ORC) Print FulI Name: $1t.ANDOrl 1•Il1Gi' 65 Email: WA-t'6A&0A1_,,-t�L4ASQ VAS o0 &6M. Certificate Type / Grade / Number: Work Phone #:g Signature: 44:Z Date: /6-5 /5 "I certify that I agree to my designation as a Back-up Operator in Responsible Charge for the facility noted. I understand and will abide by the rules and regulations pertaining to the responsibilities of the BU ORC as set forth in I. 5A NCAC 08G .0205 and failing to do so can result in Disciplinary Actions by the Water Pollution Control System Operators Certification Commission." ............................................................................................................................................................. Mail, fax or email the WPCSOCC, 1618 Mail Service Center, Raleigh, NC 27699-1618 Fax: 919.715.2726 orizinal to: Mail or fax a cony to the Asheville Fayetteville Mooresville Raleigh appropriate Regional Office: 2090 US Hwy 70 225 Green St 610 E Center Ave 3800 Barrett Dr Swannanoa 28778 Suite 714 Suite 301 Raleigh 27609 Fax: 828.299.7043 Fayetteville 28301-5043 Mooresville 28 115 Fax: 9.19:571.4718 Phone:828.296.4500 Fax:910.486.0707 Fax:704.663.6040 Phone:919.791,4200 Phone:910.433.3300 Phone:704.663,1699 Washington Wilmington Winston-Salem 943 Washington Sq Mall 127 Cardinal Dr 450 W. Hanes Mall Rd Washington 27889 Wilmington 28405-2845 Winston-Salem 27105 Fax:252.946,9215 Fax:910.350.2004 Fax:336.776.9797 Phone:252.946.6481 Phone:910.796.7215 Phone:336.776.9800 Revised 05-2015 Cantwell, Janet From: Davidson, Landon Sent: Wednesday# Jebruary �0 AM To: Sledge, Bob; Wiggs, Linda; Cantwell, Janet Subject: i� 9-0, 11 Regarding the subject permit, note the following comments entered into BIMS. Thanks. called Sue Glenn 2/25/2015 regarding expired permit and overdue fees. Updated her contact phone number. She states that majority of flow has been connected to Blowing Rock. Remaining on system are 6 condos, 2 lived in full time. "Nothing going to creek and operating well". Will be switching to septic system, soil scientist survey complete and is working with Walter Ferguson out of Asheville. In regard to backdue fees, Sue states she is unable to pay currently but perhaps in 90 days. I indicated that we would take action unles some effort was made on her part to seek fee reduction and a payment plan. GLD will call her back in 30 days to determine progress. G. Landon Davidson, P.G. NCDENR - Division of Water Resources Water Quality Regional Operations Section Regional Supervisor - Asheville Regional Office 2090 U.S. Hwy. 70 Swannanoa, N.C. 28778 ph.: 828-296-4500 fax: 828-299-7043 email: Iandon.davidson@ncdenr.gov website: www.ncwatergualitV.org Notice: Per Executive Order No. 150, all emails sent to and from this account are subject to the North Carolina Public Records Law and may be disclosed to third parties. 1150 Main Street • PO Box 1770 Blowing Rock, NC 28605 Entail: sueglenn@blowingrockrealty.com WEB: www.blowingrockrealty.com "I -I I I0p Sue Glenn Broker, ABR, CCIM, GRI 1-800-255-9861 •828-295-9861 Fax 828-295-4342 After Hours: 828-295-7673 407 _I r NC®ENR _, i �►-- North Carolina Department of Environment and Natural Resources Pat McCrory Governor Ms. Susan Glenn P.O. Box 1770 Blowing Rock, North Carolina 28605 Dear Ms. Glenn: Donald R. van der Vaart Secretary January 27, 2015 Subject: NOTICE OF VIOLATION NOV-2015-LV-0033 Permit No. NCO055611 Blackberry Sewer System WWTP Caldwell County A review of Blackberry Sewer System's WWTP monitoring report for August 2014 showed the following violation: Parameter Date Limit Value Reported Value Limit Type Coliform, Fecal MF, M-FC Broth,44.5C 08/20/2014 4100.000 #/loom[ 800.000 #/100ml Daily Maximum Exceeded Remedial actions, if not already implemented, should be taken to correct any problem. Since the comments section on the reverse of the relevant DMR provided an adequate explanation for the subject violation, it is not requested that a response be submitted. The Division of Water Resources may pursue enforcement action for this and any additional violations of State law. If you should have any questions, please do not hesitate to contact Janet Cantwell or me at 8281296-4500. Sincerely, G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations, NCDENR Asheville Regional Office c` VQiAsh,60I,e'-Fileq~i raMSC 1617-Cents-Basement WQ Lab &.Operations/ ORC G:\WR\WQ1Caldwell\WastewaterlMinors\Blackberry Ridge 55611\NOV-2015-LV-0033.doc Water Quality Regional Operations —Asheville Regional Office 2090 U.S: Highway 70, Swannanoa, North Carolina 28778 Phone: (828) 296-4500 Fax: (828) 299-7043 Internet: hftp://portal,ncdenr.org/web/wq An Equal Opportunity/ Affirmative -Action Employer �.J� ( f -...] NC®EWR North Carolina Department of Environment and Natural Resources Pat McCrory Governor Donald R. van der Vaart January 27, 2015 Ms. Susan Glenn P.O. Box 1770 Blowing Rock, North Carolina 28605 Subject: NOTICE OF VIOLATION NOV-2015-MV-0006 Permit No. NCO055611 Blackberry Sewer System WWTP Caldwell County Dear Ms. Glenn: Secretary A review of Blackberry Sewer System's WWTP monitoring report for July 2014 showed the following violations: Parameter Date Measuring Frequency Violation DO, Oxygen, Dissolved 07/05/2014 Weekly Failure to Monitor DO, Oxygen, Dissolved 07/12/2014 Weekly Failure to Monitor DO, Oxygen, Dissolved 07/19/2014 Weekly Failure to.Monitor DO, Oxygen, Dissolved 07/26/2014 Weekly Failure to Monitor . It was also noted that "the Compliance box on the back of the DMR was marked "Compliant" when in fact it should have been marked "Non -Compliant" with an explanation for the non-compliance. If.the above parameter was left off inadvertently, please send an amended DMR within 10 business days of receipt of this letter to Raleigh at the address found on the front page of your DMR and also a copy to this office. Remedial actions should be taken to correct this problem. The Division of Water Resources may pursue enforcement action for this and any additional violations of State law. If you should have any questions, please do not hesitate to contact Janet. Cantwell or me at 828/296-4500. Sincerely, �.. G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations, NCDENR Asheville Regional Office cc: x QZgsheville7Files MSC 161 C tral ilrz Basement WQ Lab & Operations/ ORC G:\WR\WQ\Caldwell%Wastewater\Minors\Blackberry Ridge 55611MV-2015-MV-0006.doc Water Quality Regional Operations —Asheville Regional Office 2090 U.S. Highway 70, Swannanoa, North Carolina 28778 Phone: (828) 296-4500 Fax: (828) 2994043 Internet: hdp://portal.ncdenr.org/web/wq An Equal Opportunity/ Affirmative Action Employer e. AZ4 i I NC®ENR i:` -- North Carolina Department of Environment and Natural Resources Pat McCrory Governor Donald R. van der Vaart January 27, 2015 Ms. Susan Glenn P.O. Box 1770 Blowing Rock, North Carolina 28605 Subject: Notice of Deficiency NOD-2015-MV-0006 Permit No. NCO055611 Blackberry Sewer System WWTP Caldwell County Dear Ms. Glenn: Secretary A review of Blackberry Sewer System's WWTP monitoring report for May 2014 showed the following violation: Parameter Date Measuring Frequency Violation DO, Oxygen, Dissolved 05/31/2014 Weekly Failure to Monitor It was also noted that the Compliance box on the back of the. DMR was marked "Compliant" when in fact it should have been marked "Non -Compliant" with an explanation for the non-compliance. If the above parameter was left off inadvertently, please send an amended DMR within 10 business days of receipt of this letter to Raleigh at the address found on the front page of your DMR and also a copy to this office. Remedial. actions should be taken to correct this problem. The Division of Water Resources may pursue enforcement action for this and any additional violations of State. law. If you should have -any questions, please do not hesitate to contact Janet Cantwell or me at 828/296-4500. Sincerely, G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations, NCDENR Asheville Regional Office ire WQAsheville_tiE__iF MSC 1617-Central Files -Basement WQ Lab & Operations/ ORC G:\WR\WQ\Caldwell\Waster eterlNlinars\Blackberry Ridge 556111NOD-2015-MV-0005.dec Water Quality Regional Operations — Asheville Regional Office 2090 U.S. Highway 70, Swannanoa, North Carolina 28778 Phone: (828) 296-4500 Fax: (828) 299-7043 Internet: http://portal.ncdenr.org/web/wq An Equal Opportunity/ Affirmative Action Employer RECEIVED • • N.C. Dept. of Ev= -�- AUG 2 2 2014 NCDENR North Carolina Department of Environment and Natural Resources REGIONA".0" Pat McCrory John E. Skvarla, III Governor Secretary August 21, 2014 Ms. Susan Glenn PO Box 1770 Blowing Rock, NC 28605 PO Box 1210 Toccoa, GA 30577-1210 Subject: Payment Acknowledgement Civil Penalty Blackberry Sewer System WWTP Permit Number: NCO055611 Case Numbers: oMV �2Qu14'Q l*22 Caldwell County`` Dear Ms. Glenn: This letter is to acknowledge receipt of payment in the amount of $266.50 received from you dated August 20, 2014. This payment satisfies in full the above civil assessment (s) levied against the subject facility, and this case has been closed. Payment of this penalty in no way precludes future action by this Division for additional violations of the applicable. Statues, Regulations, or Permits. If you have any questions, please call Charles Weaver at 919-807-6391. Sincerely, W rre vv -rktzt f 6r& Wren Thedford Wastewater Branch cc: Central Files @&5a toiRS ile`m-Reggional Office?t 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 Phone: 919-807-63001 Fax: 919-807-64921Customer Service: 1-877-623-6748 In'Onnet: .-..-.w.rlmvater.orc RECEIVED Division of Water Resources AUG 2 8 2014 Water Quality Regional Operaons Asheville Regional Office An Equal OpportunityMmnative Action Employer Pat McCrory Governor fr4jj MCDENR August 5, 2014 Natural Resources CERTIFIED MAIL RETURN RECEIPT REQUESTED 70121010 00021965 7635 Ms. Susan Glenn P.O. Box 1770 Blowing Rock, North Carolina 28605 John E. Skvarla, III Secretary 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 Permit NCO055611 Susan Glenn Blackberry Sewer System WWTP Case N 2 '' Caldwell ounty Dear Ms. Glenn: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $266.50 ($119.00 civil penalty + $147.50 enforcement costs) against Susan Glenn. This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report (DMR) submitted by Susan Glenn for the month of December 2013. This review has shown the subject facility to be in violation of the discharge limitations and/or monitoring requirements found in NPDES Permit NCO055611. The violations which occurred in December 2013 are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that Susan Glenn violated the terms, conditions or requirements of NPDES Permit NCO055611 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 apermit 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 Environment and Natural Resources and the Director of the Division of Water Resources, I, G. Landon Davidson, Division of Water Resources Regional Supervisor for the Asheville Region, hereby make the following civil penalty assessment against Susan Glenn: Water Quality Regional Operations — Asheville Regional Office 2090 U.S. Highway 70, Swannanoa, North Carolina 28778 Phone: (828) 296-4500 FAX: (828) 299-7043 Internet: hftp://portal.ncdenr.org/web/wq An Equal Opportunity/ Affirmative Action Employer For 1 of 1 failure to properly monitor TOTAL N — Coi $75.00 violation of NPDES Permit No.NC0055611. For 1 of 1 failure to properly monitor TOTAL P — Con $44.00 of NPDES Permit No.NC0055611. $119.00 TOTAL CIVIL PENALTY $147.50 Enforcement Costs $266.50 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 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: Point Source Compliance/ Enforcement Unit Division of Water Resources 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: 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) the accuracy of aj _ f the factual statements contained in - ,ivil penalty F document. Because a remission request forecloses the option of an administrative ch 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 14313-282.1(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: Point Source Compliance/ Enforcement Unit Division of Water Resources 1617 Mail Service Center Raleigh, North Carolina 27699-1617 [on 3. File a petition for an administrative hearing with the Office of Administrative Hearings: If you wish to contest any statement in the attached assessment document you must file a petition for an administrative hearing. You may obtain the petition form from the Office of Administrative Hearings. You must file the petition with the Office of Administrative Hearings within thirty (30) days of receipt of this noti- ,.. A petition is considered filed when it i- .. ceived in the Office 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 original and one (1) copy of the petition must be filed with the Office of Administrative Hearings. The petition may be faxed - provided the original and one copy of the document is received in the Office of Administrative Hearings within five (5) business days following the faxed transmission. The mailing address for the Office of Administrative Hearings is: Office of Administrative Hearings 6714 Mail Service Center Raleigh, North Carolina 27699-6714 Telephone (919) 733-2698 Facsimile: (919) 733-3478 and Mail or hand -deliver a copy of the petition to Mr. Lacy Presnell, 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 (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 of the Water Quality staff of the Asheville regional Office at 828-296-4500. Sincerely, G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations, NCDENR Asheville Regional Office ATTACHMENTS �cc,�W_Q Regiona_l�>Supervr�/ att cl�mens? MSC 1617-Central Files -Basement WQ Enforcement/ NPDES Point Source Branch WQ Lab & Operations/ ORC w/ attachments .r':44'N':Pi�1`•.t'3,i.rcll\11':ute;vam..iiuo�s�_BIic berr Ridge "5GII't? '-=pi»-06 jldou J-UST__ -CATION FOR REMISSION RE01 �T rWQCaseNumber: MV-2014-0012 County: Caldwell Assessed Party: Susan Glenn / Blackberry Ridge WWTP Permit No.: NCO055611 Amount Assessed: $266.50 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 applies. 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: TH CAROL] _ , DEPARTN F OF ENVIRONMENT AND NATURAL RESOURCES OF CALDWELL IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND STIPULATION OF FACTS SUSAN GLENN/ ) BLACKBERRY SEWER WWTP 1 PERMIT NO. NCO055611 ) FILE NO. MV-2014-0012 Having been assessed civil penalties totaling $266.50 for violation(s) as set forth in the assessment document of the Division of Water Resources dated August 5, 2014, 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 Susan Glenn CASE NUMBER: MV-2014-0012 PERMIT: NCO055611 FACILITY: Blackberry Sewer System COUNTY: Caldwell REGION: Asheville Monitoring Violations MONITORING OUTFALL I VIOLATION UNIT OF CALCULATED % OVER PENALTY REPORT PPI LOCATION PARAMETER DATE FREQUENCY MEASURE LIMIT VALUE LIMIT VIOLATION TYPE $75.00 12-2013 001 Effluent TOTAL N - Conc 12/31/13 Quarterly mg/I Frequency Violation $44.00 12-2013 001 Effluent TOTAL P - Conc 12/31/13 Quarterly mg/I Frequency Violation ON OF WATE.:.:ESOURCES - CIVIL PENALTY ASS-;u.''MENT (FILE) Pffator: Susan Glenn / Blackberry Ridge WWTP / NC0055611 (December 1013 MIR) County: Caldwell Case Number: MV-2014-0012 ASSESSMENT FACTORS As required by G.S. 143-214.6A(c), in determining the amount of the penalty I considered the factors 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 the public health, or to private property resulting from the violation; Failure to monitor may be detrimental to the receiving stream but may not be immediately quantified. 2) The duration and gravity of the violation; No permit- required Quarterly monitoring for Total Nitrogen and Total Phosphorus was done during the quarter for October through December 2013. 3) The effect on ground or surface water quantity or quality or on air quality; Failure to monitor may be detrimental to the receiving stream but may not be immediately quantified. 4) The cost of rectifying the damage; The cost is unknown. 5) The amount of money saved by noncompliance; The amount of money saved would include the cost of labor, sampling and lab testing for Total Nitrogen and Total Phosphorus. 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 assessments in the twelve months prior to this violation. 8) The cost to the State of the enforcement procedures. $147.50. Date fif G. Land Davidson, P,. ., Regional Supervisor Water Quality Regional Operations, NCDENR Asheville Regional Office 08/01 /2014 Permit Enforcement History Details by Owner Owner: Susan Glenn Facility: Blackberry Sewer System Permit: NCO055611 Region: Asheville Penalty Assessment Case MR Approved PP Number County : Caldwell Penalty Enforcement Amount Costs Damages Remission Request Received Enf Enf Conf Remission Held Amount EMC EMC OAH Hearing Remission Remission Held Amount Amount Collection MemoSent To AGO Total Paid 1 Balance Due Has Pmt Plan Case Closed LR-1992-0022 5/26/92 $500.00 $0.00 $0.00 $266.67 $0.00 No 5/28/96 LR-1992-0037 6/22/92 $1,000.00 $0.00 $0.00 $533.33 $0.00 No 5/28/96 LR-1992-0060 9/30/92 $2,000.00 $0.00 $0.00 10/30/92 2/2/94 $0 4/14/94 $0.00 $1,066.67 $0.00 No 5128/96 - LR-1992-0070 1116/92 $4,000.00 $0.00 $0.00 1215/92 8/3/94 $0 $0.00 $2,133.33 $0.00 No 5/28/96 LR-1992-0082 11/30/92 $8,000.00 $0.00 $0.00 $8,000.00 No 5/28/96 LV-2002-0158 1-2002 5/17/02 $250.00 $79.46 $329.46 $0.00 No 7/7/05 RV-2005-0001 3/9/05 $500.00 $500.00 $0.00 No 7/7105 RV-2008-0001 6/26/08 $860.00 $26.26 $886.26 $0.00 No 8/6/08 LR-2008-0024 4-2008 11/12/08 $500.00 $100.00 $0.00 3/31/09 $600.00 No MV-2009-0004 12-2008 4/3/09 $200.00 $65.00 6/15/09 $265.00 No MV-2009-0004 9-2008 4/3/09 $200.00 $65.00 6/15109 $265.00 No LR-2009-0010 6-2009 8/26/09 $500.00 $100.00 $0.00 12/28/09 $600.00 No MV-2010-0002 6-2009 2/8/10 $1,900.00 $67.00 7/12/10 $1,967.00 No MV-2011-0021 9-2010 5/3/11 $119.00 $67.00 10/10/11 $186.00 No MV-2011-0022 10-2010 5/5/11 $388.00 $67.00 10/10/11 $455.00 No LR-2012-0007 1-2012 7/19/12 $500.00 $100.00 1211B/12 $600.00 No MV-2013-0008 12-2012 5/23/13 $119.00 $137.00 11/6/13 Total Cases: 16 Total Penalty Amount: $21,536 Total Enforcement Cost: $873.72 . Sum Of Total Paid: $5,715.72 Total Balance Due : $13,194.00 Sum of Total Case Penalties: $22,409.72 Total Penalties After Remissions: $18,909.72 8/1/2014 2 $256.00 No EFFLUENT ��`�L'GG�/ o. NCO055 _ DISCHARGE NO. 001 VTH DECEM ER YEAR 2013 !INRESPONSIBLE Blackberry Ridge CLASS II COUNTY _ Caldw'611 OR CHARGE (ORC) Brandon Huges GD:-11 4 PHONE (828) 898-6277 IFIEDRATORIES (1) Water Quality Lab &Operations, Inc. `='me`µ^ HECK BOX IF ORC HAS CHANGED [ ] PERSON(S) COLLECTfNG SAMPLES Brandori,Hughes Mail ORIGINAL and ONE COPY to: ATTN: CENTRAL FILES x� DIVISION OF WATER QUALITY (SIGNATURE OF OPERATOR IN RESPORItIBLE�CHARGE) DATE 1617 MAIL SERVICE CENTER 'j / BY THIS SIGNATURE, I CER7IP.Y;TA THIS REPORT IS RALEIGH, NC 27699-1617 ACCURATE AND`C&� E!TE-TO THE BEST OF MY KNOWLFDGF D A e ® A E R E R A I \/ T OA L R TIME, 2400 0 E E A T O R TIME ON SITE R c 0 N S;U I E 50050 00010 0040C 5006C 00310 00610 '00530 31616 00300 00600 00665 00076 00095 00556 FLOW T M C PE E L R S AI US R E Ph R c E H SL t o DR I AN LE BOD 20C M NI T M R 0 N I G AN S T S S O 0 P L I A N LDD ES D C 0 E L I C F O L R M GEOMETRIC MEAN D S O' Xi S f Y; Gi L I VET ENI D N J T R G E N �� Total r� /' 11 P H 'io P �0 R j/U `y S f Total i T R B D I T Y C 0 D U C T I i T Y O G I R L E A &E EFF 1x] INF 11 D A I L Y R A T E HRS HRS YIN MGD C UNIT UG/L MG/L MG/L MGIL cfu/100ML MG/L MG/L MG/L NTU umhos/cm MG/L 1 2 903 0.25 Y 9 3 9151 0.25 Y 9 4 9231 0.50 Y 9 < 2 5.94 5< 1 5 8581 0.25 Y 9 <15 6 8121 0.50 Y 0.0001 9 7.1 <15 6.5 1 I ,z"z .a Lrl Z -- 9 1 7 8 rb I� 9 853 0.25 Y 8 10 954 0.25 Y 8 BR1 11 824 0.50 Y 8 < 2.0 3.06 12 < 1 , " arUtaa 12 855 0.25 Y 9 <15 13 749 0.50 Y 0.0001 9 7.0 <15 6.6 14 15 16 908 0.25 Y 9 17 848 0.25 Y 8 18 902 0.50 Y 8 17.4 8.03 27 < 1 r1 19 808 0.25 Y 8 <15 ae z1n 20 908 0.50 Y 0.0001 9 6.8 <15 6.6 21 22 23 1005 0.25 Y 10 <15 24 HOLIDAY 25 IHOLIDAY 26 HOLIDAY 27 855 0.50 Y 0.0001 8 6.9 <15 23.9 7.35 20 < 11 6.5 28 29 30 807 0.25 Y 9 31 751 0.25 Y 9 AVERAGE 0.0001 9 <15 11.3 6.10 16 1 6.6 ##N# aF MAXIMUM 0.0001 10 7.1 <15 23.9 8.03 27 1 6.6 0.00 0.00 MINIMUM 0.0001 8 6.8 <15 2.0 3.06 5 1 6.5 0.00 0,00 COMP. C/ GRAB G G G G G G G G G G G MONTHLY LIMIT 0.003 6.9 28 30.45 11.10 30-45 200-400 >6 We XArdli4L A/�,t/�Ni it hi %. n on -2 A Facility Status: (Please check one of th _ roving) All monitoring data and sampling frequencies meet permit requirements All monitoring data and sampling frequencies do NOT meet permit requirements If the facility is noncompliant, please comment on corrective actions being taken in respect to equipment, operation, maintenance, etc., and a time table for improvements to be made. * = All QC not met. I do not feel that the data was effected. Cod = Blank used too much D.O. A = GGA failed "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 persons 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. Jarld Brewer PO Box 1770, Blowing Rock, NC, 28605 828-265-9861 10/31/2003 Permittee Address Phone Number Permit Exp. Date PARAMETER CODES 00010 Temperature 00556 Oil and Grease 00950 Dissolved Flouride 01077 Silver 39516 PCPS 00065 Steam Stage 00600 Total Nitrogen 01002 Total Arsenic 01087 Total Vanadium 39941 Roundup 00076 Turbidity 00610 Ammonia Nitrogen 01027 Cadmium 01092 Zinc 50047 Maximum Flow during 24-hr. period 00300 Dissolved Oxygen 00625 Total Kjeldahl Nitrogen 01032 Hexavalent Chromium 01105 Total Aluminum 50084 Minimum flow during 24-hr. period 00310 BOD 00665 Total Phosphorous 01034 Chromium 01147 Total selenium 50050 Flow 00340 COD 00720 Cyanide 01037 Total Cobalt 31504 Total Coliform 50060 Total Residual Chlorine 00400 pH 00745 Total Sulfide 01042 Copper 31614 Fecal Coliform, MPN, Tube 71880 Formaldehyde 00500 Total Solids 00927 Total Magnesium 01045 Total Iron 31616 Fecal Coliform 71900 Mercury 00530 TSS 00929 Total Sodium 01051 Lead 32730 Total Phenolics 81318 Ferrocyanides 00545 Settleable Solids 00940 Total Chloride 01067 Nickle 38260 MBAS 85652 Time The monthly average for fecal coliform is to be reported as a GEOMETRIC mean. Use only units designated in the reporting facility's permit for reporting data. * ORC must visit facility and document visitation of facility as requires per 15A NCAC 8A .0202 (b) (5) (B). ** If Signed by other than the permittee, delegation of signatory authority must be on file with the state per 15A NCAG 2B .0506 (b) (2) (D). Pat McCrory Governor Y r MCDER Forth Carolina Department of Environment and Natural Resources June 25, 2014 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7012 1010 0002 1965 7529 Ms. Susan Glenn Blackberry Sewer System P.O. Box 1770 Blowing Rock, North Carolina 28605 Subject: Notice of Violation and Recommendation for Enforcement Tracking #: NOV-2014-MV-0039 Blackberry Sewer System WWTP NPDES Permit No. NCO055611 Caldwell County Dear Ms. Glenn: John E Skvarla, III Secretary A review of the December 2013 self -monitoring report for the subject facility revealed violations of the following parameters: Date Outfall Parameter Frequency Violation 12/31/2013 001 Total Nitrogen Quarterly Failure to Monitor 12/31/2013 001 Total Phosphorus Quarterly Failure to Monitor A Notice of Violation/ Notice of Recommendation for Enforcement (NOV/ NRE) is being issued for the noted violation of North Carolina General Statute (G.S.) 143-215.1 and NPDES Permit No. NCO055611. 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) days after receipt of this Notice. A review of your response will be considered along with any information provided on the December 2013 Discharge Monitoring Report. 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. Water Quality Regional Operations — Asheville Regional Office 2090 U.S. Highway 70, Swannanoa, North Carolina 28778 Phone: (828) 2964500 FAX: (828) 299-7043 Internet: http:/Iportal.ncdenr.org/webAvq �An Equal Opportunity/ Affirmative Action Employer Ms. Susan Glenn June 25, 2014 Page Two Remedial .actions, if not already implemented, should be taken to correct any problems. The Division of Water Resources may pursue enforcement actions for this and any additional violations. 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. You may contact this office for additional information. If you have questions concerning this matter, please do not hesitate to contact Janet Cantwell or me at 828/296-4500. Sincerely, G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations, NCDENR Asheville Regional Office �c:-=" VJQ Asievi lerSF°les__ , MSC 1617-Central Files -Basement WQ Enforcement/ NPDES Point Source Branch WQ Lab & Operations/ ORC C}:;tkR:it�-QtCslci.ellt\l',��re atcr:viinac,.Rlaekbarn Ridge 556I N;0-\RF.-'Oi 4-L1V-0039.doc L •l� 0 NCDENR. North Carolina Department of Environment and Natural Resources Pat McCrory Governor Ms. Susan Glenn P.O. Box 1770 Blowing Rock, North Carolina 28605 Dear Ms. Glenn: Division of Water Resources Water Quality Programs. Thomas A. Reeder Director February 19., 2014 John E. Skvarla, III Secretary Subject: NOTICE OF VIOLATION NOV-2014-LV-0065 Permit No. NCO055611 Blackberry Sewer System WWTP Caldwell County A review of Blackberry Sewer System's WWTP monitoring report for November 2013 showed the following violation: Parameter Date Limit Value Reported Value Limit Type Coliform, Fecal MF, M-FC Broth,44.5C 11/06/2013 400 #/100ml 2,200 #/100ml Daily Maximum Exceeded Remedial actions, if not already implemented, should be taken to correct any problem. Since the comments section on the reverse of the relevant DMR provided an adequate explanation for the subject violation listed above, it is not requested that a response be submitted. The Division of Water Resources may pursue enforcement action for this and any additional violations of State law. If you should have any questions, please do not hesitate to contact Janet Cantwell or me at 828/296-4500. Sincerely, <E_ _:�_ ( L1__ � G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations cc: Asheviill Rile WQ Central Files Water Quality Lab & Operations/ ORC G:\WR\WQ\Caldwell\Wastewater\MinorsOlackberry Ridge 55611\NOV-2014-LV-0065.doc Water Quality Regional Operations —Asheville Regional Office 2090 U.S. Highway 70, Swannanoa, North Carolina 28778 Phone: (828) 296-4500 FAX: (828) 299-7043 Internet: hdp://portal.ncdenr.org/web/wglws An Equal Opportunity/ Affirmative Action Employer 40h 4 r7oL12 NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor Ms. Susan Glenn P.O. Box 1770 Blowing Rock, North Carolina 28605 Dear Ms. Glenn: Division of Water Resources Water Quality Programs Thomas A. Reeder Director February 19, 2014 John E. Skvarla, III Secretary Subject: NOTICE OF VIOLATION NOV-2014-LV-0064 Permit No. NCO055611 Blackberry Sewer System WWTP Caldwell County A review of Blackberry Sewer System's WWTP monitoring report for October 2013 showed the following violation: Parameter Date Limit Value Reported Value Limit Type Coliform, Fecal MF, M-FC Broth,44.5C 10/23/2013 400 #/100ml 2,600 #/100ml Daily Maximum Exceeded Remedial actions, if not already implemented, should be taken to correct any problem. Since the comments section on the reverse of the relevant DMR provided an adequate explanation for the subject violation listed above, it is not requested that a response be submitted. The Division of Water Resources may pursue enforcement action for this and any additional violations of State law. If you should have any questions, please do not hesitate to contact Janet Cantwell or me at 828/296-4500. Sincerely, G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations o- e- i ^ O WQ Central Files Water Quality Lab & Operations/ ORC G:\WR\WQ\Caldwell\Wastewater\Minors\Blackberry Ridge 55611\NOV-2014-LV-0064.doc Water Quality Regional Operations —Asheville Regional Office 2090 U.S. Highway 70, Swannanoa, North Carolina 28778 Phone: (828) 296-4500 FAX: (828) 299-7043 Internet: hUp://portal.ncdenr.org/web/wq/ws An Equal Opportunity/ Affirmative Action Employer Pat McCrory Governor November 18, 2013 d74, illo ;Ir ���es NCDENR North Carolina Department of Environment and Natural Resources Division of Water Resources Water Quality Programs Thomas A. Reeder John E. Skvarla, III Director Secretary Susan Glenn PO Box 1770 Blowing Rock NC 28605 SUBJECT: Compliance Evaluation Inspection Blackberry Sewer System Permit No: NCO055611 Caldwell County Dear Ms. Glenn: On October 30, 2013, I conducted a Compliance Evaluation Inspection of the subject facility. The facility appeared to be marginally compliant with permit NCO055611. There are areas that need to be improved upon regarding this facility to gain and maintain compliance with the permit. These items relate to maintenance, backup power and previous enforcement actions. However, the facility appears to be currently functioning within the permitted effluent limits, in large part due to the lack of flows and the operator's management of an aged system. 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, Linda Wiggs Environmental Senior Specialist Asheville Regional Office Enc. Inspection report cc: Jadd Brewer, ORC (e-copy) Central Files ,rlsl0v511e" 1-.H1es G:\WQ\SWP\Caldwell\Wastewater\Minors\Blackberry Ridge 55611\CEI.10-2013.LTR.doc Water Quality Regional Operations —Asheville Regional Office 2090 U.S. Highway 70, Swannanoa, North Carolina 28778 Phone: 828-2964500 FAX: 828-299-7043 Internet: http://portal.ncdenr.org/web/wgiws An Equal Opportunity 1 Affirmative Action Employer United States Environmental Protection Agency Form Approved. EPA Washington, D.C. 20460 . /yComplonnre OMB No. 2040-0057 InspectoonApproval 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 INI 2 15 I 31 NCO055611 111 121 13/10/30 117 181 C I 19I S I 20I Remarks 211 I I I I I I I I I I I I I I I I I I I I I 17 I I I I I -I I I I 1 l l l I I I I I I I I I I I6 Inspection Work Days Facility Self -Monitoring Evaluation Rating 61 CIA ----- —---- -------------- Reserved---------------- 67I 169 70131 711 I-, 721 N I 731 74 7-5I 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) Blackberry Sewer System 10:00 AM 13/10/30 08/12/01 Exit Time/Date Permit Expiration Date Blackberry Rd Blowing Rock NC 28605 11:30 AM 13/10/30 13/10/31 Name(s) of Onsite Representative(s)/Titles(s)/Phone and .Fax Number(s) Other Facility Data Name, Address of Responsible Official/Title/Phone and Fax Number Contacted Susan Glenn,PO Box 1770 Blowing Rock NC 28605//828-278-4777/ Contato No Section C: Areas Evaluated During Inspection (Check only those areas evaluated) Permit Operations & Maintenance Records/Reports Self -Monitoring Program 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 ARO WQ//828-296-4500 Ext.4653/ Linda S Wiggs,./� 7//y Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date IJ EPA Form 3560-3 (Rev 9-94) Previous editions are obsolete. Page # 1 \ J NPDES yr/mo/day Inspection Type (C 3 NCO055611 111 12, 13/10/30 1.17 18, CI Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) Unpaid'fines have recently gone to collections. If it is possible to do away with this WWTP and tie into the nearest municipal collection system it is suggested this option be seriously considered. Due to the terrain and poor condition of the access road, if the power were to go out, a back up generator would not be able to be brought to this wastewater treatment plant (WWTP). However, the operator believes the condominium complex this WWTP serves is on a drinking' water well system and is on the same power supply as the WWTP. Therefore, no power no water no discharge. Page # 2 Permit: NCO055611 .ion Date: 10/30/2013 Owner - Facility: Blackberry Sewer System Inspection Type: Compliance Evaluation (If the present permit expires in 6 months or less). Has the permittee submitted a new application? Is the facility as described in the permit? # Are there any special conditions for the permit? Is access to the plant site restricted to the general public? Is the inspector granted access to all areas for inspection? Comment: The plant is not restricted from the public, but is very secluded in the woods. Access to this plant is limited and vehicular traffic is restricted due to a narrow, steep eroded road. Operations & Maintenance Yes No NA NE nn■n ■nnn nn■n -n0nn- ■nnn Yes No NA NE Is the plant generally clean with acceptable housekeeping? ■ n ❑ n Does the facility analyze process control parametyrs, for ex: MLSS, MCRT, Settleable Solids, pH, DO, Sludge ■ ❑ n ❑ Judge, and other that are applicable? Comment: DO, pH Type of bar screen a.Manual ■ b.Mechanical Are the bars adequately screening debris? ■ n n n Is the screen free of excessive debris? ■ n n n Is disposal of screening in compliance? ■ n n n Is the unit in good condition? ■ ❑ n n Comment: Very little solids come to this pant due to the septic tanks at each' residence; it is basically grey water, no solids. Aeration Basins Yes No NA NE Mode of operation Ext. Air Type of aeration system Diffused Is the basin free of dead spots? ■ n Are surface aerators and mixers operational? n 11 ■ Are the diffusers operational? ■ n Is the foam the proper color for the treatment process? n ❑ n Page # 3 Permit: NCO056611 Owner - Facility: Blackberry Sewer System Inspection Date: 10/30/2013 Inspection Type: Compliance Evaluation A@ration Basins Yes No - NA .. Does the foam cover less than 25% of the basin's surface? Is the DO level acceptable? Is the DO.level acceptable?(1.0 to 3.0 mg/1) Comment: White foam present. The aeration system runs all the time since the clock is broken. This item is likely an inexpensive fix and should be fixed; it should save on electricity. During a hard winter the sytem will likely have to run all the time to avoid freezing. Secondary Clarifier Is the clarifier free of black and odorous wastewater? Is the site free of excessive buildup of solids in center well of circular clarifier? Are weirs level? Is the site free of weir blockage? Is the site free of evidence of short-circuiting? Is scum removal • adequate? Is the site free of excessive floating sludge? Is the drive unit operational? Is the return rate acceptable (low turbulence)? Is the overflow clear of excessive solids/pin floc? Is the sludge blanket level acceptable? (Approximately '/< of the sidewall depth) Comment: Disinfection - UV Are extra UV bulbs available on site? Are UV bulbs clean? Is UV intensity adequate? Is transmittance at or above designed level? Is there a backup system on site? IS effluent clear and free of solids? Comment: UV system is not in operation; ORC uses tablets in the trough instead. Disinfection -Tablet Are tablet chlorinators operational? Yes No- NA NE ■nnn nn■n ■.n n n ■n-nn. .nnn ■ n n n ■nnn nnnn nn■n ■nnn nnn■ Yes No NA NE Yes No NA NE nn■n Page # 4 Permit: NCO055611 Owner -Facility: Blackberry Sewer System .ion Date: 10/30/2013 Inspection Type: Compliance Evaluation :tion-Tablet Are the tablets the proper size and type? Number of tubes in use? Is the level of chlorine residual acceptable? Is the contact chamber free of growth, or sludge buildup? Is there chlorine residual prior to de -chlorination? Comment: ORC uses tablets in clarifier discharge trough. De -chlorination Type of system ? Is the feed ratio proportional to chlorine amount (1 to 1)? Is storage appropriate for cylinders? # Is de -chlorination substance stored away from chlorine containers? Comment: Are the tablets the proper size and type? Are tablet de -chlorinators operational? Number of tubes in use? Comment: Yes No NA NE ■nnn nnn■ n n n ■ Yes No NA NE Page # 5 Permit Enforcement History by Permit Permit: NC0055611 Region: Asheville Penalty Assessment Case Number Approved Penalty Amount Facility: Blackberry Sewer System County: Caldwell Remission Enforcement Enforcement Request Conference Costs Damages Received Held EMC Hearing Held Owner: Susan Glenn Collection Memo Sent to AGO Total Paid Balance Due Has Payment Plan Case Closed LR-1992-0022 05/26/92 $500.00 $.00 $.00 $266.67 .00 No 05/28/96 LR-1992-0037 06/22/92 $1,000.00 $.00 $.00 $533.33 .00 No 05/28/96 LR-1992-0060 09/30/92 $2,000.00 $.00 $.00 10/30/92 02/02/94 04/14/94 $1,066.67 .00 No 05/28/96 LR-1992-0070 11/06/92 $4,000.00 $.00 $.00 12/05/92 08/03/94 $2,133.33 .00 No 05/28/96 LR-1992-0082 11/30/92 $8,000.00 $.00 $.00 8,000.00 No 05/28/96 LV-2002-0158 05/17/02 $250.00 $79.46 $329.46 .00 No 07/07/05 RV-2005-0001 03/09/05 $500.00 $500.00 .00 No 07/07/05 RV-2008-0001 06/26/08 $860.00 $26.26 $886.26 .00 No 08/06/08 LR-2008-0024 11/12/08 $500.00 $100.00 $.00 03/31/09 600.00 No MV-2009-0004 04/03/09 $200.00 $65.00 06/15/09 265.00 No LR-2009-0010 08/26/09 $500.00 $100.00 $.00 12/28/09 600.00 No MV-2010-0002 02/08/10 $1,900.00 $67.00 07/12/10 1,967.00 No MV-2011-0021 05/03/11 $119.00 $67.00 10/10/11 186.00 No MV-2011-0022 05/05/11 $388.00 $67.00 10/10/11 455.00 No LR-2012-0007 07/19/12 $500.00 $100.00 12/18/12 600.00 No MV-2013-0008 05/23/13 $119.00 $137.00 256.00 No Total Cases: 16 Total Penalties: $21,336.00 $808.72 $22,144.72 5,715.72 Total Penalties after remission(s): $12,929.00 $18,644.72 5 7P.4United States Environmental Protection AgencyWashington, D.C. 20460 orm Approved. 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 INI 2 15 I 31 NCO055611 111 121 ----r3rT07-5— 117 181 C I 19I S I 201 Remarks 21111111111111 II II 1111 III 1111111111111111111111116 Inspection Work Days Facility Self -Monitoring Evaluation Rating B1 QA ---------- -------------- Reserved ---------- --------- 67I 169 701 I 711 I 721 N I 73 L1J 74 751 I I I I I Li 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) 10:00 AM 13/10/15 08/12/01 Blackberry Sewer System Blackberry Rd Exit Time/Date Permit Expiration Date Blowing Rock NC 28605 11:30 AM 13/10/15 13/10/31 Name(s) of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data Name, Address of Responsible Official/Title/Phone and Fax Number Contacted Susan Glenn,PO Box 1770 Blowing Rock NC 28605//828-278-4777/ No Section C: Areas Evaluated During Inspection (Check only those areas evaluated) Operations & Maintenance E Facility Site Review E Effluent/Receiving Waters Section D: Summary of Finding/Comments Attach additional sheets of narrative and checklists as necessa (See attachment summary) Name(s) and Signature(s) of Inspector(s) Agency/Office/Phone and Fax Numbers Date Linda S Wiggs ARO WQ//828-296-4500 Ext.4653/ 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 EPA Form 3560-3 (Rev 9-94) Previous editions are obsolete. Page # 1 NPDES yr/mo/day Inspection Type 3I NC0055611 I11 12, 13/10/15 117 18ICI Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) Page # 2 Permit: NCO055611 Inspection Date: 10/15/2013 Owner -Facility: Blackberry Sewer System Inspection Type: Compliance Evaluation Operations & Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? n n n n Does the facility analyze process control parameters, for ex: MLSS, MCRT, Settleable Solids, pH, DO, Sludge n n n n _judge, and other that are applicable? Comment: Pump Station - Influent Yes No NA NE Is the pump wet well free of bypass lines or structures? fl n n n Is the wet well free of excessive grease? n n n n Are all pumps present? /` �� n n In n Are all pumps operable? �� S' n n n n Are float controls operable? n n n n I's SCADA telemetry available and operational'. n n n n Is audible and visual alarm available and operational? n n n n Comment: Bar Screens Yes No NA NE Type of bar screen a.Manual ✓ n b.Mechanical n Are the bars adequately screening debris? n n Cl n Is the screen free of excessive debris? n n n n Is disposal of screening in compliance? n n n n Is the unit in good condition? n n n n Comment: Aeration Basins Yes No NA NE Mode of operation Type of aeration system Is the basin free of dead spots? n n n n Are surface aerators and mixers operational? A14 n n n n 56 Q { Are the diffusers operational? n n n n / Is the foam the proper color for the treatment process? ve"_, Does the foam cover less than 25% of the basin's surface?� nnnF-1fo Page # 3 �,� Z 0a Permit: NCO055611 Inspection Date: 10/15/2013 Owner - Facility: Blackberry Sewer System Inspection Type: Compliance Evaluation . Aeration Basins Yes No NA NE Is the DO level acceptable? n n n n Is the DO level acceptable?(1.0 to 3.0 mg/1) n n n n Comment: Primary Clarifier Yes No NA NE Is the clarifier free of black and odorous wastewater? n n n n Is the site free of excessive buildup of solids in center well of circular clarifier? n n` n n Are weirs level? i n n n n Is the site free of weir blockage/ 11 n n n n Is the site free of evidence of short-circuiting? n n n n Is scum removal adequate? n n n n Is the site free of excessive floating sludge? n n n n Is the drive unit operational? .444 4 �.MX p n n n n n n n n Is the sludge blanket level acceptable? ✓� Gl�r" Is the sludge blanket level acceptable? (Approximately'/4 of the sidewall depth) �j� �yy� ` l/ n n n o Comment: Disinfection - UV Yes No NA NE Are extra UV bulbs available on site? 9 n n n n Are UV bulbs clean? �� JV n n n n Is UV intensity adequate? % n n n n Is transmittance at or above designed level? n n n o Is there a backup system on site? n n n n Is effluent clear and free of solids? n n n n Comment: Disinfection -Tablet Yes No NA NE Are tablet chlorinators operational? A n n n n Are the tablets the proper size and type? n n n n " Number of tubes in use? " r Is the level of chlorine residual acceptable? Is the contact chamber free of growth, or sludge buildup? n n n n Is there chlorine residual prior to de -chlorination? n n n n Page # 4 Permit: NC0055611 Inspection Date: 10/15/2013 Disinfection -Tablet Comment: De -chlorination Owner - Facility: Blackberry Sewer System Inspection Type: Compliance Evaluation Type of system ? * Is the feed ratio proportional to chlorine amount (1 to 1)? Is storage appropriate for cylinders? AJA # Is de -chlorination substance stored away from chlorine containers? Comment: Are the tablets the proper size and type? Are tablet de -chlorinators operational? Number of tubes in use? Comment: Standby Power Is automatically activated standby power available? Is the generator tested by interrupting primary power source? Yes No NA NE Yes No NA NE ( nnnn nnnn nnnn nnnn nnnn Yes No NA NE nnnn AcZb n n n Is the generator tested under load? �% n n n n Was generator tested & operational during the inspection? '% 1 �l n n n n Do the generator(s) have adequate capacity to operate the entire wastewater site? n n n n Is there an emergency agreement with a fuel vendor for extended run on back-up power? n n Is the generator fuel level monitored? n (=1 n n Comment: J " �7j l 0,0 Page # 5 Beverly Eaves Perdue Governor F®� jr7 FQLE U's' J° NC®ENR North Carolina Department of Environment and Natural Resources Division of Water Quality Charles Wakild, P.E. Dee Freeman Director Secretary September 6, 2012 Susan Glenn PO Box 1770 Blowing Rock NC 28605 Subject: NOTICE OF VIOLATION NOV-2012-PC-0303 Compliance Evaluation Inspection Blackberry Sewer System Permit No. NCO055611 Caldwell County Dear Ms. Glenn: Enclosed please find a copy of the Inspection Report conducted 2012-08-14. At the time of inspection this facility was not being properly maintained and was in a state of disrepair. The treatment facility was found to be in violation of Permit NCO055611 for the following: Inspection Area Compliance Issue Proper Operation and The Permittee shall at all times provide the operation and maintenance resources Maintenance 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. Please refer to the enclosed Inspection Report for any additional observation and comments. To prevent further action, carefully review these violations and deficiencies. Your attention is required immediately to address the causes of noncompliance and take actions to prevent the recurrence of similar situations. These violations and any future violations are subject to a civil penalty assessment of up to $25,000.00 per day for each violation. If you should have any questions, please do not hesitate to contact Jeff Menzel at 828/296-4500. Sincerely, %f r / d / f /, ( d' C/ Chuck Cranford, Regional Supervisor Surface Water Protection Attachment cc: WQ Central Files w/ attachment E Asl ewillerRegionallF les 7 af(a—chmenta' SURFACE WATER PROTECTION — ASHEVILLE REGIONAL OFFICE One Location: 2090 U.S. Highway 70, Swannanoa, NC 28778 N Naturally Phone: (828) 296-4500\FAX: 828 299-7043 Internet: www.ncwaterguality.org S:\SWP\Caldwell\Wastewater\Minors\Blackberry Ridge 55611\NOV-2012-PC-0303.docx P!7 United States Environmental Protection Agency Form Approved. E P /� Washington, D.C. 20460 f 1 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 INI 2 15 I 31 NCO055611 111 121 12/08/14 117 181 C I 19I S I 20II Remarks 211 _111 1111111111111111111111111111111I I I I I I I I I 1 1 J61 Inspection Work Days Facility Self -Monitoring Evaluation Rating B1 QA ----- ----- -Reserved----------- 671 169 70111 I 711 I 721 N I 73I I 174 751 I I I I I 11 80 t_I_I 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) Blackberry Sewer System 12:00 PM 12/08/14 08/12/01 Exit Time/Date Permit Expiration Date Blackberry Rd Blowing Rock NC 28605 02:00 PM 12/08/14 13/10/31 Name(s) of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data Jadd Wesley Brewer/ORC/828-898-6692/ Name, Address of Responsible Official/Title/Phone and Fax Number Susan Glenn,PO Box 1770 Blowing Rock NC 28605//828-278-4777/ ContactedNo Section C: Areas Evaluated During Inspection (Check only those areas evaluated) Operations & Maintenance 0 Facility Site Review Section D: Summary of Finding/Comments Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s) and Signature(s) of Inspect r( Agency/Office/Phone and Fax Numbers Date Jeff Menzel ARO WQ//828-296-4500/ / 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 31 NCO055611 111 12I 12/08/14 117 Inspection Type 18ICI (cont.) 1 Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) At the time of inspection this facility was not being properly maintained and was in a state -of disrepair; this is considered a violation of permit NCO055611 section C.2. Proper Operation and Maintenance. C. 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)]. Your attention is required immediately to address the causes of noncompliance and take actions to prevent the recurrence of similar situations. These violations and any future violations are subject to a civil penalty assessment of up to $25,000.00 per day for each violation. Page # 2 PV Permit: NCO055611 Inspection Date: 08/14/2012 Operations & Maintenance Owner - Facility: Blackberry Sewer System Inspection Type: Compliance Evaluation Is the plant generally clean with acceptable housekeeping? n ■ 0 ❑ Does the facility analyze process control parameters, for ex: MLSS, MCRT, Settleable Solids, pH, DO, Sludge n ■ Judge, and other that are applicable? Comment: At the time of inspection this facility was not being properly maintained and was in a state of disrepair; this is considered a violation of permit NCO055611 section C.2. Proper Operation and Maintenance. Aeration Basins Mode of operation Ext. Air Type of aeration system Diffused Is the basin free of dead spots? ■ n n Cl Are surface aerators and mixers operational? Q ❑ ■ ❑ Are the diffusers operational? n ■ n n Is the foam the proper color for the treatment process? n ■ n n Does the foam cover less than 25% of the basin's surface? n n ■ n Is the DO level acceptable? n ■ n n Is the DO level acceptable?(1.0 to 3.0 mg/1) n ■ n n Comment: The aeration basin was not working as intended at the time of inspection. The belt on the blower motor was off and the basin had gone septic due to lack of oxygen. Disinfection -Tablet Yes No NA NE Are tablet chlorinators operational? n ■ n n Are the tablets the proper size and type? n ■ n n Number of tubes in use? 0 Is the level of chlorine residual acceptable? n ■ n n Is the contact chamber free of growth, or sludge buildup? n ■ n n Is there chlorine residual prior to de -chlorination? n ■ n n Comment: No disinfection was being provided. Page # 3 Printing: Layout Page Page 1 of 1 Caldwell county Mapping GI IVIV ~. N�NIL,I, tiWim L., M.:,.a.r rN� r• Holm WS w �s�szi ,ca*L zci rws L I)) ra�srncu7.4ra4 -VI •". I' :� 0.4 rya I' s) Je SCL [Vh ''! AllMD IUD •HN, •�•'+ rMVis sW om �, 'na, Y��-------- __- •��. O--iY1i_L$-LJJ __- ®_ .�oro A� L��� it "�- f� •ut7 ^ rr i Incn = buu teet This map is prepared for the inventory of real property found within this jurisdiction, and is compiled from recorded deeds, plats, and other public records and data. Users of this map are hereby notified that the aforementioned public primary information sources should be consulted for verification of the information contained on this map. Caldwell County and its mapping and software contractors assume no legal responsibility for the information contained on this map or in this website. This map and information are NOT of land survey quality and are NOT suitable for such use. http://gis.caldwellcountync.org/maps/layout.aspx 8/14/2012 AVEWX NCDENR North Carolina Department of Environment and. Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild RE, Governor Director August 2, 1012 RETURN RECEIPT REQUESTED CERTIFIED MAIL 7010 2780 0003 4825 6090 Susan Glenn P.O. Box 1770 Blowing Rock, NC 28605-1770 Subject: NOTICE OF VIOLATION — NOV - 2012 - LR - 0038 Blackberry Sewer System WWTP NCO055611 Caldwell County Dear Ms. Glenn: Dee Freeman . Secretary This is to inform you that the Division of Water Quality has not received your monthly monitoring report for March 2012 after the required reporting date. This is in violation of Part II, Condition D (2) of the NPDES permit, as well as 15A NCAC 2B .506(a), which requires the submittal of Discharge Monitoring. Reports no later than the thirtieth (30th) day following the reporting period. Failure to submit reports as required will subject the violator to the assessment of a civil penalty of up to $25,000 per violation. You will be considered noncompliant with the self -monitoring requirements of your NPDES permit until the report has been submitted. Please submit the February 2012 DMR report within 10 days of receipt of this notice if you have not yet submitted it. To prevent further action, please submit future monthly reports within the above -mentioned timeframe to avoid further enforcement actions, which have occurred in the past. The Division must take these steps because timely submittal of discharge monitoring reports is essential to the efficient operation of our water quality programs. We appreciate your assistance in this matter. If you have any questions about this letter or Discharge Monitoring Reports, please contact me at 919-807-6387 or at bob. guerra d_)ncdenr.gov. Sincerely, Bob Guerra Western Region NPDES Unit cc: AR.O Surface Water Protection Supervisor, Chuck Cranford Central Files Enforcement file 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 Phone: 919-807-63871 FAX: 919-807-64951 Customer Service: 1-877-623-6748 Internet: http:llportal.ncdenr.orglweblwq/home An Equal Opportunity1 Affirmative Action Employer t, AUG - 7 2012 WATER QUALITY SECTION Achr-VILLE R ;or,AL� OFFICE f ne NorthCarolina ;VaturalCb(. ' ' .. .... A74 � NCDENR North Carolina Department of Environment and Natural F Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins: Governor Director Ji October 25, 2010 RETURN RECEIPT REQUESTED CERTIFIED MAIL 7007 0710 0000 5376 6740 Susan Glenn P.O. Box 1770 Blowing Rock, NC 28605-1770 Dear Ms. Glenn: 13 E � V E CT 2 8 2010 L WATER QUALITY & ary AS_ i _VILLE REGIONAL OFFICE Subject: NOTICE OF VIOLATION —NOV-2010 - LR - 0078 Blackberry Sewer System WWTP NCO055611 Caldwell County This is to inform you that the Division of Water Quality has not received your monthly monitoring report for August 2010 after the required reporting date. This is in violation of Part II, Condition D (2) of the NPDES permit, as well as 15A NCAC 2B .506(a), which requires the submittal of Discharge Monitoring Reports no later than the thirtieth (30th) day following the reporting period. Failure to submit reports as required will subject the violator to the assessment of a civil penalty of up to $25,000 per violation. You will be considered noncompliant with the self -monitoring requirements of your NPDES permit until the report has been submitted. Please submit the August 2010 DMR report within 15 days of receipt of this notice if you have not yet submitted it. To prevent further action, please submit future monthly reports within the above -mentioned timeframe to avoid further enforcement actions. The Division must take these steps because timely submittal of discharge monitoring reports is essential to the efficient operation of our water quality programs. We appreciate your assistance in this matter. If you have any questions about this letter or Discharge Monitoring Reports, please contact me at 919-807-6387 or at bob.guerra a(�.ncdenr.gov. Sincerely, Bob Guerra Western Region NPDES Unit cc: AIR--W-Muff50—e Water�Proteetion Su�peFWis� rr Roge dwards Central Files Enforcement file 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 TQne,1 1 Phone: 919-807-6387 \ FAX: 919-807-6495 \ Customer Service:1-877-623-6748 1 y Ol ffiCarOlina Internet: http:l/portal.nodenr.org/web/wglhome �� N�//� An Equal OpportuiA \ Affirmative Action Employer i " Water Quality LaL= & Operations, Inc. PO Box1167, Banner Elk, NC, 28604 Phone: 828-898-6277 Fak _$ $u$98 Blackberry Ridge . NPDES # N00055611 Sue Glenn P.O. Box 1770 Blowing Rock, NC 28605 MAR 17 2011 I1� i __--- CTION WATER C,! 1Al_1TY S - n c- «.n�.Lr_ REGI •iA._ -ic Here is your SYSTEM PERFORMANCE ANNUAL REPORT (SPAR) along with a sample letter that you may send to your customers if you like. You may rewrite the sample letter to say what you wish to your customers. Please fill out the bold text in the sample letter if you wish to use it. A copy of the SPAR has been sent to the state, so you may not modify the' SPAR. Thank you for letting us be of service to you, if you have any questions about the SPAR, feel free to call me at (828) 898-6277. Thank you again for your time. Sincerely, Paul Isenhour Laboratory Supervisor Water Quality Lab & Operations, Inc. L90� D MAR - 9 2011 i 1110 System Performance Annual Report wired by the NC General Assembly House Bill 1160 Clean Water Act of 1999.) Reporting Period: I. Generallnformatio • Name of regulated entity: • Responsible person: mailing address: phone number: facility located at: county: DWQ Regional Office: January 1, 2010 to December 30, 2010 Blackberry Ridge WWTP Sue Glenn PO Box 1770; Blowing Rock, NC 28605 828-295-9861 Blackberry Road; southeast of Blowing Rock Caldwell Asheville Listing of applicable permit(s) NCO055611 • Description of collection system and wastewater treatment system or process: Deemed permitted Collection System consists of: The gray water is collected from individual septic tanks to a pump station and gravity fed to WWTP. NCO055611 Wastewater Treatment Facilities 0.003 MGD WWTP extended aeration package plant consisting of: manual bar screen; aeration basin with single blower providing diffused air; secondary clarifier with skimmer and sludge returns; UV disinfection with tablet chlorination and tablet dechlorination for back-up; and post aeration tank. II. System Performance Annual Summary: A. Description of overall 12 month performance, noting highlights and deficiencies: The treatment plant did very well last year. We are very pleased to report that there were no violations for the entire year. All of the samples that were taken for the plant were under the limits set be the State Division of Water Quality. B. By month, list of the number and type of any violations of permit conditions, environmental regulations or environmental laws, including (but not limited to): 1. Permit Limit Violations (NOVs and Civil Assessments): NONE Monitoring and Reporting Violations (NOVs-and-Civil-Assessments (Illegal) Bypass of treatment facilities* NO VIOLATIONS 3. Sanitary Sewer Overflows* (NOVs and Civil Assessments) *Note estimated total monthly volumes and locations of events in which more than 1,000 gallons of waste reached surface waters. NONE C. Description of any known environmental impact of violations: NONE D. Description of corrective measures taken to address violations or deficiencies NONE _ III. Notification This annual report has been sent to the North Carolina Division of Water Quality and to the owner of the wastewater system. The wastewater system owner has also been given a letter that they can easily distribute to all their customers. The letter will inform the customers that the annual report is available upon request to the owner of the system. IV. Certification A. Certified Operator in Responsible Charge: ORC: Larry Townsend Cert. # 11841 - WW III Back-up ORCs: Jadd Brewer Cert. # 10206 - WW III Denver Eggers Cert. # 10541 - WW II Paul Isenhour Cert. # 13154 - WW IV Jerry Alexander Cert. # 989701 - WW IV B. Statement by a responsible official certifying the report is accurate and complete: I, Jadd Brewer, certify that this report is accurate and complete, to the best of my knowledge. C. Signature of responsible official and date of report: 11_� .r.: E§r6wer date Name of Wastewater System NPDES#-NCQQQQQQ� address -- city, NC zip Wastewater system customer address city, NC zip SUBJECT: SYSTEM PERFORMANCE ANNUAL REPORT Dear wastewater customer, The SYSTEM PERFORMANCE ANNUAL REPORT (SPAR) is completed! The SPAR is a report that lets us, the wastewater treatment provider, tell you, the 'user, what has been happening with our wastewater plant in the past year (2010). In the SPAR, we give you a brief description of the treatment plant, if we had any violations, and what was done about any violations. If you would like to have a copy of the AWTR, please call or come by our office, and we will give one to you. Thank you for your time and if you have any questions, feel free to call our office at 888-888-8888. NCDENR North Carolina Department of Environment and Natural Resources Beverly Eaves Perdue Governor Division of Water Quality Charles Wakild, P. E. Director July 19, 2012 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7010 2780 0003 4825 Susan Glenn PO Box 1770 Blowing.Rock, NC 28605-1770 ?' Subject: Assessment of Civil Penalty for Violations of Reporting Requirements, Blackberry Sewer VWUTP-' ,NPDES Permit NCO055611 2 Dee Freeman Secretary 'f t Case Number LR-2012-0007 Caldwell County r-.,.... ..._.......................��.. _ .g._......,,, _,..,...., ... Dear Ms. Glenn: This letter transmits notice of a civil penalty assessed against the Blackberry Sewer VWVTP in the amount of $600.00 ($500.00 civil penalty + $100.00 in enforcement costs). This assessment is based upon the following facts: 1. The June 2011 Discharge monitoring report (DMR) was not filed with the Division of Water Quality within the thirty (30) day reporting period in accordance with the monitoring and reporting requirements contained in your NPDES permit. A Notice of Violation (NOV-2012-LR-0027) was mailed to you for failure to submit the June 2011 DMR no later than the thirtieth (30th) day following the reporting period. Within said Notice, you were informed that future'reports not received within the required timeframe would result in further enforcement actions. 2. The August 2011 Discharge monitoring report (DMR) was not filed with the Division of Water Quality within the thirty (30) day reporting period in accordance with the monitoring and reporting requirements contained in your NPDES permit 3. The January 2012 Discharge monitoring report (DMR) was not filed with the Division of Water Quality within the thirty (30) day reporting period in accordance with the monitoring and reporting requirements contained in your NPDES permit. A Notice of Violation (NOV-2012-1-11-0012) was mailed to you for failure to submit the January 2012 DMR no later than the thirtieth (30n') day following the reporting period. This Notice of Violation was received by you on April 25„ 2012. Within said Notice, you were informed that future reports not received within the required timeframe would result in further enforcement actions. 4. The Division of Water Quality has not received the June 2011, August 2011 and the January 2012 Discharge Monitoring Reports from the Blackberry Sewer WWTP NPDES NCO055611. Based upon the above facts, I conclude as a matter of law that the Blackberry Sewer WWTP violated or failed to act in accordance with the requirements of NPDES Permit NCO023566 and G.S. 143-215.65. 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 G.S. 143-215.65. 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). 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 One NorthCaro.lina Ngtmalttf An Equal Opportunity 1 Affirmative Action Employer Ip 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 Blackberry Sewer WWTP: $ $500.00 for failing to submit the January 2012 DMR as required by NPDES Permit NCO023566 and G.S.143-215.65. $ $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: Point Source Branch Division 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. 143B-282.1(b) 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 informat ) the attention of: FVr 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. Please submit missing DMR's from June 2011, August 2011 and January 2012 as soon as possible to avoid future enforcement actions If you have any questions concerning this matter, please contact Mr Guerra at (919) 807-6387 or email at bob.guerra(a ncdenr.gov. Sincer John Hennessy Supervisor, NPDES Program Attachments cc: QRO Surface Water Protection, -Jim Gregson,_Supervisor,- Enforcement File w/attachments Central Files w/attachments P!� STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES COUNTY OF CALDWELL IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN , OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND BLACKBERRY SEWER WWTP ) STIPULATION OF FACTS NPDES PERMIT NC0055611 FILE NO. LR-2012-0007 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 July 19, 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 52012. BY ADDRESS TELEPHONE Pp' DIVISION OF WaiER QUALITY - CIVIL PENALTY ASaE,-,,SMENT PPV Blackberry Sewer WWTP NC0055611 County: Caldwell Case Number: LR-2012-0007 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) 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. RThe assessment factors listed above were considered. However, since this case pertains to the non -submittal of required information, impacts un n wn. G ye Date ohn Hennessy, Supei Unit PPFPPFP' Beverly Eaves Perdue Governor NCDENR North Carolina Department of Environment and Division of Water Quality Charles Wakild RE, Director Natural Resources July 17, 1012 RETURN RECEIPT REQUESTED CERTIFIED MAIL 7010 2780 0003 4825 596.3 Susan Glenn P.O. Box 1770 Blowing Rock, NC 28605-1770 Dear Ms. Glenn: Dee Freeman ,,Secretary., 5.;.... i i J it L 26 2012 11-1 VV7J R Ga)l>J-iTY 5-CT1ON Subject: NOTICE OF VIOLATIOIV'=;NOV - 20'12'- LR'- 0032 Blackberry Sewer System WWTP NCO055611 Caldwell County This is to inform you that the Division of Water Quality has not received your monthly monitoring report for February 2012 after the required reporting date. This is in violation of Part II, Condition D (2) of the NPDES permit, as well as 15A NCAC 2B .506(a), which requires the submittal of Discharge Monitoring Reports no later than the thirtieth (301h) day following the reporting period. Failure to submit reports as required will subject the violator to the assessment of a civil penalty of up to $25,000 per violation. You will be considered noncompliant with the self -monitoring requirements of your NPDES permit until the report has been submitted. Please submit the February 2012 DMR report within 10 days of receipt of this notice if you have not yet submitted it. To prevent further action, please submit future monthly reports within the above -mentioned timeframe to avoid further enforcement actions, which have occurred in the past. . The Division must take these steps because timely submittal of discharge monitoring reports is essential to the efficient operation of our water quality programs. We appreciate your assistance in this matter. If you have any questions about this letter or Discharge Monitoring Reports, please contact me at 919-807-6387 or at bob.guerra(c)_ncdenn-gov. Sincerely, Bob Guerra Western Region NPDES Unit cc: ARO Surface Water Protection Supervisor, Chuck Cranford Central Files Enforcement file 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 Phone: 919-807-63871 FAX: 919-807-64951 Customer Service:1-877-623-6748 Internet: http:llportal.ncdenr.org/weblwglhome One " . NorthCarolina An Equal Opportunity 1 Affirmative Action Employer FILE COPY NCDENR - North Carolina Department of Environment and Natural Resources Division of Water Quality Overlyaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary CERTIFIED MAIL RETURN RECEIPT REQUESTED Ms. Susan Glenn Blackberry Sewer P.O. Box 1770 Blowing Rock, North Carolina 28605 May 5, 2011 7010 1870 0003 0874 6550 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 Permit NCO055611 Susan Glenn Blackberry Sewer System WWTP Case No. MV-2011-0022 Caldwell County Dear Ms. Glenn: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $455.00 ($388.00 civil penalty + $67.00 enforcement costs) against Susan Glenn. This assessment is based upon the following facts: a revew.has been conducted of the discharge monitoring report (DMR) submitted by Susan Glenn for'the month of October 2010. This review has shown the subject facility to be in violation of the discharge limitations and/or monitoring requirements found in NPDES Permit NCO055611. The violations which occurred in October 2010 are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that Susan Glenn violated the terms, conditions or requirements of NPDES Permit NCO055611 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 Environment and Natural Resources and the Director of the Division of Water Quality, I, Roger C. Edwards, Division of Water Quality Regional Supervisor for the Asheville Region, hereby make the following civil penalty assessment against Susan Glenn: NoLCarolina �aturallr� SURFACE WATER PROTECTION — ASHEVILLE REGIONAL OFFICE. Location: 2090 U.S. Highway 70, Swannanoa, NC 28778 Phone: (828) 296-4500\FAX: 828 2997043\Customer Service: 1-877-623-6748 r' 1 ternet: www.ncwateraualitv.org $50.00 $50.00 $75.00 $78.00 $70.00 $65.00 $388.00 67.00 $455.00 For L of the 2 failures to properly monitor F-LuW in NPDES Permit No. NC0055611. For 2 of the 2 failures to properly monitor TEMP-C NPDES Permit No. NC0055611. For I. of the 1 failures to properly monitor BOD in vic NPDES Permit No. NC0055611. For 1 of the 1 failures to properly monitor FECAL COLIFORM in violation of NPDES Permit No. NC0055611. For 1 of the 1 failures to properly monitor NH3 in violation of NPDES Permit No. NC0055611. For 1 of the 1 failures to properly monitor TSS in violation of NPDES Permit No. NC0055611. TOTAL CIVIL PENALTY Enforcement Costs 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 days of receipt of this notice, you must do one of the following: 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: Point Source Compliance/Enforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 -n request for remission or mitigation including a detailed justification t: a request for remission is limited to consideration of the five factors listed :late to the reasonableness of the amount of the civil penalty assessed. i 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 Quality 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 14313-282.1(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 the Division of Water Quality 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 Quality also requests that you complete and submit the enclosed "Justification for Remission Request." Both forms should be submitted to the following address: Point Source Compliance/Enforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 3. File a petition for an administrative hearing with the Office of Administrative Hearings: If you wish to contest any statement in the attached assessment document you must file a petition for an administrative hearing. You may obtain the petition form from the Office of Administrative Hearings. You must file the petition with the Office of Administrative Hearings within thirty (30) days of receipt of this notice. n petition is considered filed when it is re red in the O Administrative Hearings during normal office hours. The Office of Administrative Hearin accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except 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) 431-3000 Fax: (919)431-3100 One (1) copy of the petition must also be served on DENR as follows: Mary Penny Thompson, General Counsel DENR 1601 Mail Service Center Raleigh, NC 27699-1601 Failure to exercise one of the options above within thirty (30) days of receipt of this notice, 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 of the Water Quality staff of the Asheville Regional Office at 828-296-4500. Sincerely, Roger C. Edwards, Regional Supervisor Surface Water Protection Section Asheville Regional Office ATTACHMENTS s W*LArs17v�i'I' HOW wJ EIafhinmen41 DWQ Central Files w/ attachments Bob Guerra/ DWQ Point Source Branch w/ attachments Water Quality Lab & Operations/ ORC w/ attachments S: SR-P.Caldwell\Wastewafer; linors`.Cilacl;barry Ridge 5561 IWIV-201 I -0022.doc JUST CATION FOR REMISSION REQ',u:,�T MV-2011-0022 County: Caldwell n Glenn / Blackberry WWTP ill Amount Assessed: $455.00 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. § 14313-282.1(c), remission of a civil penalty may be granted only when one or more of the following five factors applies. 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 CAROLLNa DEPARTMEN'_ _ F ENVIF COUNTY OF CALDWELL IN THE MATTER OF ASSESSMENT ) OF CIVIL PENALTIES AGAINST ) SUSAN GLENN / BLACKBERRY WWTP ) PERMIT NO. NCO055611 ) AND NATURAL RESO WAIVER OF RIGHT TO AN ADMINSTRATIVE HEARING AND STIPULATION OF FACTS FILE NO. MV-2011-0022 Having been assessed civil penalties totaling $455.00 for violation(s) as set forth in the assessment document of the Division of Water Quality dated May 5, 2011, 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 Quality 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 SIGNATURE ADDRESS TELEPHONE ATTACHMENT A Susan Glenn CASE NUMBER: MV-2011-0022 PERMIT: NCO055611 FACILITY: Blackberry Sewer System COUNTY: Caldwell REGION: Asheville MONITORING OUTFALU VIOLATION UNIT OF CALCULATED % OVER PENALTY REPORT PPI LOCATION PARAMETER DATE FREQUENCY MEASURE LIMIT VALUE LIMIT VIOLATION TYPE $75.00 10-2010 001 Effluent BOD - Conc 10/16/10 Weekly m9/1 Frequency Violation $78.00 10-2010 001 Effluent FEC COLT 10/16/10 Weekly #/100ml Frequency Violation $25.00 10-2010 001 Effluent FLOW 10/23/10 Weekly mgd Frequency Violation $25.00 10-2010 001 Effluent FLOW 10/30/10 Weekly mgd Frequency Violation $70.00 10-2010 001 Effluent NH3-N - Conc 10/16/10 Weekly mg/I Frequency Violation $25.00 10-2010 001 Effluent TEMP-C 10/16/10 5 X week deg c Frequency Violation $25.00 10-2010 001 Effluent TEMP-C 10/23/10 5 X week deg c Frequency Violation $65.00 10-2010 001 Effluent TSS - Conc 10/16/10 Weekly mg/I Frequency Violation ,F WATER QUALITY - CIVIL PENALTY ASSESSMENT (FILE) n Glenn / Blackberry WWTP / NCO055611 er 2010 DIVIR ) well 2011-0022 ASSESSMENT FACTORS As required by G.S. 143-214.6A(c), in determining the amount of the penalty I considered the factors 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 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. 2) The duration and gravity of the violation; BOD, Fecal coli, NH3 and TSS were not monitored Weekly for the week ending 10/16/10 in violation of their NPDES Permit. Flow was not monitored Weekly for the weeks ending 10/23/10 and 10/30/10 in violation of their NPDES Permit. Temperature was not monitored Weekly for the weeks ending 10/16/10 and 10/23/10 in violation of their NPDES Permit. 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. 4) The cost of rectifying the damage; The cost is unknown. 5) The amount of money saved by noncompliance; The amount of money saved would include the cost of the ORC to monitor, sample and operate the WWTP. It would also include the cost of analyzing the samples in the 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 has been one civil penalty enforcement in the twelve months prior to this violation. 8) The cost to the State of the enforcement procedures. $67.00. —6:� /V 1r) / ( � Date R ge . Edwards, Regional Supervisor Surface Water Protection Section Asheville Regional Office 5/02/2011 LimitVjoIations_JEMon!to,R9 IW ti fions 0 OtherVi ol a ti Permit INCOO55611- SOC: AD: Monitoring. port: 10-201 F Details. 0.6n P.Idwe'll County: aldwell �e r System 1 " acility: 86W— Region: villa Owner: Indolent Inspect Dt: . .. ..... . ... ... --- --- cliltyRaportedAs: 108 Compliant Non Compliant CNotReported ReportType: 21-P v Is signed 16JW ", *Outfall *Location 'Parameter Mes. Freq *Date Manual -Description Soo Action 001 Effluent BOD, 5-Day (20 De Weekly 1011612010 El Frequency Viola... iml Effluent Coliform, Fecal MF,... Weekly 1 Oil 612010 0 Frequency Viola 001 Effluent Flow, in conduit or t... Weekly i Of231201 0 M Frequency Viola 001 Effluent Flow, in conduit ort Weekly 1 Of3O/2Ol 0 Fj Frequency Viola... 1001 Effluent Nitrogen, Ammonia Weekly 1 Oil 6/2010 E] Frequency Viola... 0 + e01 Effluent Solids, Total Suspe We a kly 10/1612010 F re q u a n cy Vlo I a + 001 Effluent ' r'! .. 5)(Waak 1 Oil 612010 ❑ FrequentViola... 001 Effluent FT2.i��p�eiit�u�r2e:'W�att(e?m.. 15Xweek 11012312010 1 0 lFrequency Viola... Wave I'lit'; ate NOV Initive.D.-errand ... rA;R J=1eIP _-Fig .h Cancel ......... .. - ��SIDNLMP." X IA,ORC HAS r�� NAL and ` C ATTN: CENTRAL FI DIVISION OF WATE 1617 MAIL SERVICE ' RALEIGH, NC 27f99- 617 NCOOFr-r-'� 1 DISCHARGE NO. 001 ONTH OCTOBER YEAR 2010 Black6 Ridge r . - ; CLASS II COIN I I Caldwell y. -.'.'. ,r Blot G#IAEF(ORC) Larry T.awnsend GRADE III PH (NE (828) 898-627 :S (1):Wat6f Quality L &> perations, Inc. CAI- ADIG� R89N(S) COLLECTING SAMPLES Larry Townsend LITYER AN 1 2011 �'`�( IGNkTURE O OPERATOR IN RESPONSIBLE CHARGE) (DATE) , B 1 SIGN URE, I CERTIFY THAT THIS X�IirllsFclio?� A ORATE AND COMPLETE TO THE BEST wl �nr_= A T E P A E R R R I TV O A RL TIME 2400 P E R T O R TIME ON SITE D r RS'c.:'. �. hC i. ." N 8 T`-E EXE « 500g0' r0, �• 1 E �:.. M C P E EL AS' ruts ,. r Ph •.... "` R C E H SO DR U I 00310 » F e1 �:., OD 20C 00610 _, rw N A M I MR OO NG -I E- A 00530 U T S S OPL TE I AND L D E 31616 C GEOMETRIC MEAN 00300 D I S O SY OG LE V-N E D 00600 N I T R O G -E N Total p H O S P H O R - U $ Total 6 T U R B I D - I- T Y 5 C O N D U C T 1 -y - i T Y 00556 O G I R L E A S 8 E EFF x = INF D A I L HRS HR5 YIN MGD C UNIT UG/L MG/L MG/L MG/L du/100ML MG11. MG/L MG/L NT has/cm MG/L 1 930 0.3 Y 18 UV 2 UV 3 UV 4 1145 0.3 Y 0.0010 16 6.8 UV 6.5 5 1145 0.3 Y 16 UV 5.8 0.82 8 2 6 845 0.3 Y 15 UV 7 1420 0.3 Y 15 UV 8 1300 0.3 Y 15 UV 9 UV _ 10 UV 11 1145 0.3 Y 0.0010 14 6.8 UV / / 6.6 12E UV � 13 UV 14 UV 15 UV 16 UV 17 ! i'� UV 18 UV 19 UV 20 915 0.3 Y I 1 6.7 UV 3.8 1.45 7 2 6.5 21 1045 0.3 Y 1 UV 22 915 0.3 Y i 2 UV 23 I UV 24 I UV 25 1145 0.3 Y 11 6.7 UV 6.7 26 1145 0.3 Y 11 UV 4.0 1.21 < 5 4 27 1015 0.3 Y 10 UV 28 915 0.3 Y 10 UV 29 1245 0.3 Y 10 UV 30 _ UV 31 UV AVERAGE 0.0010 13 UV 4.5 1.16 7 3 6.6 ##1# # MAXIMUM 0.0010 18 6.8 UV 5.8 1.45 8 4 6.7 0.00 0.00 MINIMUM 0.0010 10 6.7 UV 3.8 0.82 5 2 6.5 0.00 0.00 COMP. C /GRAB G G G G G G G G G G G MONTHLY LIMIT 0.003 6-e ze 30 4s 11.10 30-45 200-400 >6 Facility Status: (Please check one of the foll ) nu monitoring data and sampling frequencies meet permit r �ments All monitoring data and sampling frequencies do NOT meet permit requirements If the facility is noncompliant, please comment on corrective actions being taken In respect to equipment, operation, maintenance, etc., and a time table for improvements to be made. From the 12th to the 19th, this treatment plant didn't have an ORC because of non-payment. * = All QC not met. I do not feel that the data was effected. = Blank used too much D.O. # = Seed failed " = GGA failed "1 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 persons or persons who manage the system, or those personssdi irect y pesronsibTfor gathering ttie information; the information subin itted"is, to the best of myknowladge 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." Jadd Brewer of Permittee)** (Date) PO Box 1770, Blowing Rock, NC, 28605 828-265-9861 10/31/2003 Permittee Address Phone Number Permit Exp. Date PARAMETER CODES 00010 Temperature 00556 Oil and Grease 00950 Dissolved Flouride 01077 Silver 39516 PCPS 00065 Steam Stage 00600 Total Nitrogen 01002 Total Arsenic 01087 Total Vanadium 39941 Roundup 00076 Turbidity 00610 Ammonia Nitrogen 01027 Cadmium 01092 Zinc 50047 Maximum Flow during 24-hr. period 00300 Dissolved Oxygen 00625 Total Kjeldahl Nitrogen 01032 Hexavalent Chromium 01105 Total Aluminum 50084 Minimum flow during 24-hr. period 00310 BOD 00665 Total Phosphorous 01034 Chromium 01147 Total selenium 50050 Flow 00340 COD 00720 Cyanide 01037 Total Cobalt 31504 Total Coliform 50060 Total Residual Chlorine 00400 pH 00745 Total Sulfide 01042 Copper 31614 Fecal Coliform, MPN, Tube 71880 Formaldehyde 00500 Total Solids 00927 Total Magnesium 01045 Total Iron 31616 Fecal Coliform 71900 Mercury 00530 TSS 00929 Total Sodium 01051 Lead 32730 Total Phenolics 81318 Ferrocyanides 00545 Settleable Solids 00940 Total Chloride 01067 Nickle 38260 MBAS 85652 Time The monthly average for fecal coliform is to be reported as a GEOMETRIC mean. Use only units designated in the reporting facility's permit for reporting data. * ORC must visit facility and document visitation of facility as requires per 15A NCAC 8A .0202 (b) (5) (B). ** If Signed by other than the permittee, delegation of signatory authority must be on file with the state per 15A NCAC 2B .0506 (b) (2) (D). Permit Enforcement History Details by Owner Owner: Susan Glenn 11 Facility: Blackberry Sewer System Permit: NCO055611 Region: Asheville County: Caldwell Penalty Remission Enf EMC EMC OAH Collection Has Assessment Penalty Enforcemen Request Enf Conf Remission Hearing Remission Remission Memo Sent Pmt Case Case Number MR Approved Amount t Costs Damages Received Held Amount Held Amount Amount to AGO Total Paid Balance Due Plan Closed LR-1992-0022 05/26/92 $500 $.00 $.00 $266.67 $.00 No 05/28/96 LR-1992-0037 06/22/92 $1,000 $.00 $.00 $533.33 $.00 No 05/28/96 LR-1992-0060 09/30/92 $2,000 $.00 $.00 10/30/92 02/02/94 $.00 04/14/94 $.00 $1,066.67 $.00 No 05/28/96 LR-1992-0070 11/06/92 $4,000 $.00 $.00 12/05/92 08/03/94 $.00 $.00 $2,133.33 $.00 No 05/28/96 LR-1992-0082 11/30/92 $8,000 $.00 $.00 $3,000.00 No 05/28/96 LV-2002-0158 1-2002 05/17/02 $250 $79.46 $329.46 $.00 No 07/07/05 RV-2005-0001 03/09/05 $500 $500.00 $.00 No 07/07/05 RV-2008-0001 06/26/08 $860 $26.26 $886.26 $.00 No 08/06/08 LR-2008-0024 4-2008 11/12/08 $500 $100.00 $.00 03/31/09 $600.00 No MV-2009-0004 12-2008 04/03/09 $100 $65.00 06/15/09 $265.00 No MV-2009-0004 9-2008 04/03/09 $100 $65.00 06/15/09 $265.00 No LR-2009-0010 6-2009 08/26/09 $500 $100.00 $.00 12/28/09 $600.00 No MV-2010-0002 6-2009 02/08/10 $1,900 $67.00 07/12/10 $1,967.00 No MV-2011-0021 9-2010 $119 $67.00 $186.00 No MV-2011-0022 10-2010 $388 $67.00 $455.00 No 05/02/11 2 Total Cases: 14 Total Penalty Amount: $20,717 Total Enforcement Cost: $571.72 Sum of Total Paid: $5,715.72 Total Balance Due: $12,073.00 Sum of Total Case Penalties: $21,288.72 Total Penalties after remission(s): $17,788.72 &4. VIA NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality ae Coleen H. Sullins Director May 3, 2011 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7010 1870 0003 0874 6543 Dee Freeman Secretary Ms. Susan Glenn Blackberry Sewer System P.O. Box 1770 Blowing Rock, North Carolina 28605 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 Permit NCO055611 Susan Glenn Blackberry Sewer System WWTP Case No. MV-2011-0021 Caldwell County Dear Ms. Glenn: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $186.00 ($119.00 civil penalty + $67.00 enforcement costs) against Susan Glenn. This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report (DMR) submitted by Susan Glenn for the month of September 2010. This review has shown the subject facility to be in violation of the discharge limitations and/or monitoring requirements found in NPDES Permit NCO055611. The violations which occurred in September 2010 are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that Susan Glenn violated the terms, conditions or requirements of NPDES Permit NCO055611 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 Environment and Natural Resources and the Director of the Division of Water Quality, I, Roger C. Edwards, Division of Water Quality Regional Supervisor for the Asheville Region, hereby make the following civil penalty assessment against Susan Glenn: Nne orthCarolina Natura!!rf SURFACE WATER PROTECTION — ASHEVILLE REGIONAL OFFICE Location: 2090 U.S. Highway 70, Swannanoa, NC 28778 Phone: (828) 296-4500\FAX: 828 2997043\Customer Service: 1-877-623-6748 Internet: www.ncwaterauality.org $44.00 For 1 of the 1 failures to properly monitor TOTAL P - Conc violation of NPDES Permit No. NC0055611. $75.00 For 1 of the 1 failures to properly monitor TOTAL N - Con( violation of NPDES Permit No. NC0055611. $119.00 TOTAL CIVIL PENALTY $67.00 Enforcement Costs $186.00 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 Fact and Conclusions of Law and the factors set forth at G.S. 14313- 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 days of receipt of this notice, you must do one of the following: 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: Point Source Compliance/Enforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 2. Submit a written request for remission or mitigation including a detailed justification for such request: 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. 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 Quality at the address listed below. In (2) whether a remission request will be approved, the following factors shall be :ther one or more of the civil penalty assessment factors in NCGS 14313-282.1(b) wrongfully applied to the detriment of the petitioner; 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 the Division of Water Quality 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 Quality also requests that you complete and submit the enclosed "Justification for Remission Request." Both forms should be submitted to the following address: Point Source Compliance/Enforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 3. File a petition for an administrative hearing with the Office of Administrative Hearings: If you wish to contest any statement in the attached assessment document you must file a petition for an administrative hearing. You may obtain the petition form from the Office of Administrative Hearings. You must file the petition with the Office of Administrative Hearings within thirty (30) 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) 431-3000 Fax:, (919) 431-3100 One (1) copy of the petition must also be served on DENR as follows: Mary Penny Thompson, General Counsel DENR 1601 Mail Service Center Raleigh, NC 27699-1601 Failure to exercise one of the options above within thirty (30) days of receipt of this notice, 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 of the Water Quality staff of the Asheville Regional Office at 828-296-4500. Sincerely, _ Roger C. Edwards, Regional Supervisor Surface Water Protection Section Asheville Regional Office ATTACHMENTS DWQ Central Files w/ attacams Bob Guerra/ DWQ Point Source Branch w/ attachments Water Quality Lab & Operations/ ORC w/ attachments S:;tiwP1C ild«eU.l4' isteuater',.MinorslBhckbem Ridee 55611'MV-2011-0021.doe JUSTIFICATION FOR REMISSION REGUEST DWQ Case Number: MV-2011-0021 County: Caldwell Assessed Party: Susan Glenn / Blackberry WWTP Permit No: NC0055611 Amount Assessed: $186.00 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 applies. 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 CALDWELL IN THE MATTER OF ASSESSMENT OF CIVIL PENALTIES AGAINST SUSAN GLENN / BLACKBERRY WWTP PERMIT NO. NCO055611 DEPARTMENT OF ENVIRONN AND NATURAL RESOURCI WAIVER OF RIGHT TO AN ADMINSTRATIVE HEARING AND STIPULATION OF FACTS FILE NO. MV-2011-0021 Having been assessed civil penalties totaling $186.00 for violation(s) as set forth in the assessment document of the Division of Water Quality dated May 3, 2011, 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 Quality 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 Susan Glenn CASE NUMBER: MV-2011-0021 PERMIT: NCO055611 FACILITY: Blackberry Sewer System COUNTY: Caldwell REGION: Ash Monitoring Violations MONITORING OUTFALL/ VIOLATION UNIT OF CALCULATED % OVER PENALTY REPORT PPI LOCATION PARAMETER DATE FREQUENCY MEASURE LIMIT VALUE LIMIT VIOLATION TYPE $75.00 9-2010 001 Effluent TOTAL N - Conc 09/30/10 Quarterly mg/I Frequency Violation $44.00 9-2010 001 Effluent TOTAL P - Conc 09/30/10 Quarterly mg/I Frequency Violation Case Number: ION OF WATER QUALITY - CIVIL PENALTY ASSESSMENT (FILE) Susan Glenn / Blackberry Sewer / NCO055611 ( September 2010 D.111 ) Caldwell MV-2011-0021 ASSESSMENT FACTORS As required by G.S. 143-214.6A(c), in determining the amount of the penalty I considered the factors 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 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. 2) The duration and gravity of the violation; Total Nitrogen and Total Phosphorus were not monitored Quarterly in violation of their NPDES Permit. 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. 4) The cost of rectifying the damage; The cost is unknown. 5) The amount of money saved by noncompliance; The amount of money saved would include the labor to collect the samples and the cost to analyze the samples in the 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. $67.00. r t �r Date R ge C. Edwards, Regional Supervisor Surface Water Protection Section Asheville Regional Office 05-02-2011 NCO055611 DISCHARGE NO. 001 MONTH 3EPTEMBEF YEAR 2010 BlackbE tidge CLASS II Cour. Caldwell VINRESPONSIBLE CHARGE (ORC) Larry Townsend GRADE III PHONE (828) 898-6 77 vj ED LABORATORIES (1) Water Quality Lab & Operations, Inc. BOX IF ORC HAS CHANGED [ ] PERSON(S) COLLECTING SAMPLES Larry Townsend GINAL and ONE COPY to: :ENTRAL FILES N OF WATER QUALITY 1617 MAIL SERVICE CENTER RALEIGH, NC 27699-1617 E OPERATOR IN RESPONSIBLE CHARGE) (DATE) ' S ATURE,1 CERTIFY THAT THIS REPORT IS VT COMPLETE TO THE BEST OF MY KNOWLEDGE n A T E o A R R R A V T O A L R TIME 2400 Rful A T O R TIME ON SITE R C O N s'°.: 1 E 50050 00010 0 50: 10 61 00 31616 00300 00600 00665 00076 00095 00556 FLOW y t 1 ;•' c ` :' u S t+s R.,. E a�F r' '., °8` '- ' H S L 1 o R A N��� L E "`�?�1 v . O �, BOD 20°Q} ,.:;:w..``' �?`. , ;9" _• -�+' :- �r"'' N A �O l �%La, -�IfiF C �w ..m . S S ;'-� "O _0-:*� t'' .'`T FBI D S E D �. C ,0 ''. �� C I F A O L M GEOMETRIC MEAN D I O S X S Y O G L E V N E D N I T R O G E N Total P H O S P H O R U S Total T U R B I D I T Y C D U C T I V T Y O G I R L E A S 8 E EFF x INF ' 1 �•.- y R A T E HRS HRS YIN MGO C' UNIT U ° MGIL MG/L MG cfu/100ML MG/L MG/L MGIL NTU umhos/cm MG/L 1 730 0.3 Y 23 U 2 1215 0.3 Y 23 UV 3 1315 0.3 Y 23 UV 4 UV 5 UV 6 HOLIDAY UV 7 1145 0.3 Y 0.0010 22 6.7 UV 5.2 0.97 9 < 1 6.6 8 945 0.3 Y 22 UV 9 1145 0.3 Y 22 UV 10 1400 0.3 ` Y 22 UV 11 UV 12 UV 13 1145 0.3 Y 0.0009 21 6.8 UV 6.4 14 1145 0.3 Y 21 UV 8.5 1.58 8 < 1 15 945 0.3 Y 21 UV 16 1400 0.3 Y 21 UV 17 850 0.3 Y 21 UV 18 UV 19 UV 20 1145 0.3 Y 0.0009 20 6.8 UV 6.5 21 1145 0.3 Y 20 UV 5.8 0.66 5 < 1 22 1400 0.3 Y 20 UV 23 945 0.3 Y 20 UV 24 1215 0.3 Y 20 UV 25 UV 26 UV 27 1145 0.3 Y 0.0010 19 6.7 UV 6.6 28 1145 0.3 Y 19 UV 8.3 1.81 10 < 1 29 745 0.3 Y 18 UV 30 1400 0.3 Y 18 UV 31 UV AVERAGE 0.0010 21 UV 7.0 1.26 8 1 6.5 ##Is## MAXIMUM 0.0010 23 6.8 UV 8.5 1.81 10 1 6.6 0.00 0.00 MINIMUM 0.0009 18 6.7 UV 5.2 0.66 5 1 6.4 0.00 0.00 COMP. C! GRAB G G G G G G G G G G G MONTHLY LIMIT 0,003 6 s zs 30 45 11.10 30.45 200-400 >6 00�/!!V- a-o//- DDT-/ Facility Status: (Please check one of the following) nonitoring data and sampling frequencies meet permit ements All monitoring data and sampling frequencies do NOT meet permit requirements If the facility is noncompliant, please comment on corrective actions being taken in respect to equipment, operation, maintenance, etc., and for improvements to be made. * = All QC not met I do not feel that the data was effected. [� = Blank used too much D.O. # = Seed failed " = GGA failed "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 persons 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. 1 am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations." Jadd Brewer Please Print of Permifteep* (Date) PO Box 1770, Blowing Rock, NC, 28605 828-265-9861 10131/2003 Permittee Address Phone Number Permit Exp. Date PARAMETER CODES 00010 Temperature 00556 Oil and Grease 00950 Dissolved Flouride 01077 Silver 39516 PCPS 00065 Steam Stage ' 00600 Total Nitrogen 01002 Total Arsenic 01087 Total Vanadium 39941 Roundup 00076 Turbidity 00610 Ammonia Nitrogen 01027 Cadmium 01092 Zinc 50047 Maximum Flow during 24-hr. period 00300 Dissolved Oxygen 00625 Total Kjeldahl Nitrogen 01032 Hexavalent Chromium 01105 Total Aluminum 50084 Minimum flow during 24-hr. period 00310 BOD 00665 Total Phosphorous 01034 Chromium 01147 Total selenium 50050 Flow 00340 COD 00720 Cyanide 01037 Total Cobalt 31504 Total Coliform 50060 Total Residual Chlorine 00400 pH 00745 Total Sulfide 01042 Copper 31614 Fecal Coliform, MPN, Tube 71880 Formaldehyde 00500 Total Solids 00927 Total Magnesium 01045 Total Iron 31616 Fecal Coliform 71900 Mercury 00530 TSS 00929 Total Sodium 01051 Lead 32730 Total Phenolics 81318 Ferrocyanides 00645 Settleable Solids 00940 Total Chloride 01067 Nickle 38260 WAS 85652 Time The monthly average for fecal coliform is to be reported as a GEOMETRIC mean. Use only units designated in the reporting facility's permit for reporting data. * ORC must visit facility and document visitation of facility as requires per 15A NCAC 8A .0202 (b) (5) (B). ** If Signed by other than the permittee, delegation of signatory authority must be on file with the state per 15A NCAC 213 .0506 (b) (2) (D). Permit Enforcement History Details by Owner Owner: Susan Glenn Facility: Blackberry Sewer System Permit: NCO055611 Region: Asheville County: Caldwell Penalty Remission Enf EMC EMC DAH Collection Has Assessment Penalty Enforcemen Request Enf Conf Remission Hearing Remission Remission Memo Sent Pmt Case Case Number MR Approved Amount t Costs Damages Received Held Amount Held Amount Amount to AGO Total Paid Balance Due Plan Closed LR-1992-0022 05/26/92 $500 $.00 $.00 $266.67 $.00 No 05/28/96 LR-1992-0037 06/22/92 $1,000 $.00 $.00 $533.33 $.00 No 05/28/96 LR-1992-0060 09/30/92 $2,000 $.00 $.00 10/30/92 02/02/94 $.00 04/14/94 $.00 $1,066.67 $.00 No 05/28/96 LRA992-0070 11/06/92 $4,000 $.00 $.00 12/05/92 08/03/94 $.00 $.00 $2,133.33 $.00 No 05/28/96 LR-1992-0082 11/30/92 $8,000 $.00 $.00 $8.000.00 No 05/28/96 LV-2002-0158 1-2002 05/17/02 $250 $79.46 $329.46 $.00 No 07/07/05 RV-2005-0001 03/09/05 $500 $500.00 $.00 No 07/07/05 RV-2008-0001 06/26/08 $860 $26.26 $886.26 $.00 No 08/06/08 LR-2008-0024 4-2008 11/12/08 $500 $100.00 $.00 03/31/09 $600.00 No MV-2009-0004 12-2008 04/03/09 $100 $65.00 06/15/09 $265.00 No MV-2009-0004 9-2008 04/03/09 $100 $65.00 06/15/09 $265.00 No LR-2009-0010 6-2009 08/26/09 $500 $100.00 $.00 12/28/09 $600.00 No MV-2010-0002 6-2009 02/08/10 $1,900 $67.00 07/12/10 $1,967.00 No MV-2011-0021 9-2010 $119 $67.00 $186.00 No Total Cases: 13 Total Penalty Amount: $20,329 Total Enforcement Cost: $504.72 Sum of Total Case Penalties: $20,833.72 Sum of Total Paid: $5,715.72 Total Balance Due: $11,618.00 Total Penalties after remission(s): $17,333.72 F 71LE CC U NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Ms. Susan Glenn Blackberry Sewer P.O. Box 1770 Blowing Rock, North Carolina 28605 Dear Ms. Glenn: Director May 5, 2011 Subject: NOTICE OF VIOLATION NOV-2011-MV-0091 Permit No. NCO055611 Blackberry Sewer System WWTP Caldwell County Secretary A review of Blackberry Sewer System's WWTP monitoring report for November 2010 showed the following violations: Parameter Date Measuring Frequency Violation pH 11/06/2010 Weekly Failure to Monitor pH 11/13/2010 Weekly Failure to Monitor pH 11/20/2010 Weekly Failure to Monitor pH 11/27/2010 Weekly Failure to Monitor It was also noted that the Compliance box on the back of the DMR was marked "Compliant" when in fact it should have been marked "Non -Compliant" with an explanation for the non-compliance. If the above parameter was left off inadvertently, please send an amended DMR within 10 business days of receipt of this letter to Raleigh at the address found on the front page of your DMR and also a copy to this office. Remedial actions should be taken to correct this problem. The Division of Water Quality may pursue enforcement action for this and any additional violations,of State law. If you should have any questions, please do not hesitate to contact Janet Cantwell at 828/296-4500. Sincerely, Roger C. Edwards, Regional Supervisor Surface Water Protection Section c�Q1±�.Ci; l-it DWQ Central Files Water Quality Lab & Operations/ ORC S:1SWP1Caldwell\Wastewater\Minors\Blackberry Ridge 55611WOV-2011-MV-0091.doc Noe Carolina Niurally North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, N.C. 28778 Phone(828)296-4500 Customer Service Internet: www.newaterguality.ora FAX (828)299-7043 1-877-623-6748 (i)Wafer Quality Lab & Operations, Inc. PO Box1167, Banner Elk, NC, 28604 Phone:828-898-6277 Fax:828-898-6255 "IN� NPDES #ANC 0055�64 Sue Glenn P.O. Box 1770 Blowing Rock, NC 28605 Here is your ANNUAL WASTEWATER TREATMENT REPORT (AWTR) along with a sample letter that you may send to your customers if you like. You may rewrite the sample letter to say what you wish to your customers. Please fill out the bold text in the sample letter if you wish to use it. A copy of the AWTR has been sent to the state, so you may not modify the AWTR. Thank you for letting us be of service to you, if you have any questions about the AWTR, feel free to call me at (828) 898-6277. Thank you again for your time. Sincerely, Paul Isenhour Laboratory Supervisor Water Quality Lab & Operations, Inc. Ai'R 162010 .� VVAT ER OUi'ALITY SECTIM4 :. ASHEVUE REGIOVAL�OFFICE pr� i� ' a` .,;� r" h, MAP, 2 6 2010 Annual Wastewater Treatment Plant Report Blackberry Ridge NPDES M NCO055611 Date: �3/3/10 We are pleased to present to you this year's Annual Wastewater Treatment Plant Report. This report is designed to inform you about the quality of the wastewater we discharge to the receiving waters every day. Our constant goal is to protect the environmental waters of North Carolina. We want you to understand the efforts we make to continually improve the wastewater treatment process and protect our water resources. We are committed to ensuring the quality of the receiving waters that we discharge to. If you have any questions about this report or concerning your wastewater utility, please contact Paul Isenhour at (828) 898=6277. We want our valued customers to be informed about their wastewater utility. Let us first take this opportunity to give you a brief description' of a Wastewater Treatment Plant. The waters that go down the drain, follow many different pipes, and ends up at the treatment plant. The wastewater goes through a bar screen that stops large particles that are present (i.e., rags and papers). The water then goes to an aeration basin where air is pumped into the water. This air supplies oxygen to bacteria that feed on the solids that are in the water. The water then goes to the clarifier where the solids settle out. The solids are pumped back to the aeration basin to give the bacteria a second chance to feed. When there are too many solids in the plant, some of the solids are pumped to a digester tank. In the digester, the bacteria have more time to feed on and reduce the solids' volume. When the digester gets full, the solids are pumped from the tank and taken to a larger facility. The clear water from the clarifier then goes to a tank for disinfection. The two most prominent ways to disinfect the wastewater are chlorine and ultraviolet light. Chlorine can be used as a gas or in solid tablet form. When chlorine is used, there is generally a dechlorinating agent use to remove any excess chlorine from the wastewater before it goes to the receiving water. When ultraviolet light (UV) is used, the wastewater flows around the UV bulbs. Bacteria can not live when exposed to UV light, so as the water passes the UV bulbs, the water in disinfected. Finally, after disinfection, the treated wastewater goes into the receiving waters. . . It PERFORMANCE The treatment plant did very well last year. We are very pleased to report that there were no violations for the entire year. All of the samples that were taken for the plant were under the limits set be the State Division of Water Quality. NOTIFICATION This annual report has been sent to the North Carolina Division of Water Quality and to the owner of the wastewater system. The wastewater system owner has also been given a letter that they can easily distribute to all their customers. The letter will inform the customers that the annual report is available upon request to the owner of the system. CERTIFICATION I certify under penalty of law that this report is complete and accurate to the best -of my knowledge. I further certify that this report has been made available to the users or customers of the named system and that those users have been notified of its availability as per the NOTIFICATION section above.' Paul Isenhour Date Laboratory Supervisor Water Quality Lab & Operations, Inc. It �&'4yjFtA 7 - 'd, L E C 0 2n v NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Ms. Susan Glenn P.O. Box 1770 Blowing Rock, North Carolina 28605 Dear Ms. Glenn: Director Secretary August 20, 2010 Subject: NOTICE OF VIOLATION NOV-2010-MV-0108 Permit No. NCO055611 Blackberry Sewer System WWTP Caldwell County A review of Blackberry Sewer System's monitoring report for April 2010 showed the following violations: Parameter Date . Measuring Frequency Violation Temperature, Water Degrees Centigrade 04/03/2010 5 X / week Failure to Monitor Temperature, Water Degrees Centigrade 04/10/2010 5 X / week Failure to Monitor Temperature, Water Degrees Centigrade 04/17/2010 5 X / week Failure to Monitor Temperature, Water Degrees Centigrade 04/24/2010 5 X / week Failure to Monitor It was also noted that the Compliance box on the back of the DMR was marked "Compliant" when in fact it should have been marked "Non -Compliant" with an explanation for the non-compliance. If the above parameter was left off inadvertently, please send an amended DMR to Raleigh at the address found on the front page of your DMR. Remedial actions should be taken to correct this problem. The Division of Water Quality may pursue enforcement action for this and any additional violations of State law. If you should have any questions, please do not hesitate to contact Janet Cantwell at 828/296-4500. Sincerely, a ��c.r Roger C. Edwards, egional Supervisor Surface Water Protection Section cc DWQt Asheville Files DWQ Central Files Water Quality Lab & Operations/ ORC S:iSWP\Caldwell\WastewatertMinors\Blackberry Sewer System 556111NOV•20104V-0108.doc O�rthCarolina AVU49!!y North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, N.C. 28778 Phone(828)296-4500 Customer Service Internet: www.ncwaterguality.org FAX (828)299-7043 1-877-623-6748 n 'F I L Eq Ai. North Carolina Department of Environment and Natural Resources Division of Water Quality ie Coleen H. Sullins Director CERTIFIED MAIL RETURN RECEIPT REQUESTED February 11, 2010 7007 1490 0004 0713 8342 Ms. Susan Glenn P.O. Box 1770 Blowing Rock, North Carolina 28605-1770 Dee Freeman Secretary 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 Permit NCO055611 Susan Glenn Blackberry Sewer System Wastewater Treatment Plant Case No. MV-2010-0002 Caldwell County Dear Ms. Glenn: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $1,967.00 ($1,900.00 civil penalty + $67.00 enforcement costs) against Susan Glenn. This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report (DMR) submitted by Susan Glenn for the month of June 2009. This review has shown the subject facility to be in violation of the discharge limitations and/or monitoring requirements found in NPDES Permit NCO055611. The violations which occurred in June 2009 are summarized in Attachment A to this letter. The June 2009 DMR has not been received. Based upon the above facts, I conclude as a matter of law that Susan Glenn violated the terms, conditions or requirements of NPDES Permit NCO055611 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 Environment and Natural Resources and the Director of the Division of Water Quality, 1, Roger C. Edwards, Division of Water Quality Regional Supervisor for the Asheville Region, hereby make the following civil penalty assessment against Susan Glenn: SURFACE WATER PROTECTION — ASHEVILLE REGIONAL OFFICE Location: 2090 U.S. Highway 70, Swannanoa, NC 28778 Phone: (828) 296-4500\FAX: 828 2997043\Customer Service: 1-877-623-6748 Internet: www.ncwaterguality.org Nne orthCarolina Nat tdff $200.00 $500.00 $200.00 $200.00 $200.00 $200.60 $200.00 $200.00 $1,900.00 $67.00 $1,967.00 Fo. T of the 4 failures to properly monitor FLC .. _n violation Permit No. NCO 055611. For 20 of the20 failures to properly monitor TEMPERATUR violation of NPDES Permit No. NCO055611. For 4 of the 4 failures to properly monitor pH in violation of lvrLr a Permit No. NCO055611. For 4 of the 4 failures to properly monitor BOD in violation of NPDES . Permit No. NCO 055611. For 4 of the 4 failures to properly monitor NH3-N — Conc. in violation of NPDES Permit No. NCO055611. For 4 of the 4 failures to properly monitor TSS in violation of NPDES Permit No. N00055611. For 4 of the 4 failures to properly monitor FECAL in violation of NPDES Permit No. NCO055611. For 4 of the 4 failures to properly monitor DISSOLVED OXYGEN in violation of NPDES Permit No. NCO055611. TOTAL CIVIL PENALTY Enforcement Costs 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- 2 82. 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 days of receipt of this notice, you must do one of the following: payment of i penalty: Kyment 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: Point Source Compliance/Enforcement Unit Division 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: 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. 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 Quality 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 14313-282.1(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 the Division of Water Quality 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, _ must complete and submit the enclos, Request for Remism 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 Quality also requests that you complete and submit the enclosed "Justification for Remission Request." Both forms should be submitted to the following address: Point Source Compliance/Enforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 M 3. File a petition for an administrative hearing with the Office of Administrative Hearings: If you wish to contest any statement in the attached assessment document you must file a petition for an administrative hearing. You may obtain the petition form from the Office of Administrative Hearings. You must file the petition with the Office of Administrative Hearings within thirty (30) 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) 431-3000 Fax: (919) 431-3100 One (1) copy of the petition must also be served on DENR as follows: Mary Penny Thompson, General Counsel DENR 1601 Mail Service Center Raleigh, NC 27699-1601 Failure to exercise one of the options above within thirty (30) days of receipt of this notice, 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. wised that additir. _ penalties may be assessed for violatic hat occur after the period of this assessment. If you have any questions, please contact Janet Cantwell of ater Quality staff of the Asheville Regional Office at 828-296-4500. Sincerely, r— Roger C. Edwards, Regional Supervisor Surface Water Protection Section Asheville Regional Office ATTACHMENTS DWQ Ashevi�lTEFileswlattachmen_ts DWQ Central Files w/ attachments Bob Guerra/ DWQ Enforcement Files w/ attachments Water Quality Lab & Operations/ ORC w/ attachments 5: SWPC:ald�tief(;�Va cewater':�(inc+rs }3lacic5crry Sewer Svstern 55611 JUST: :ATION FOR REMISSION REQI C DWQ Case Number: MV-2010-0002 Assessed Party: Susan Glenn/ Blackberry Sewer System Permit No.: NC0055611 Count AAA Amount Assesse 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 applies. 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 inN.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 ofan 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: PNORTH CAROL__ ._ TMENT OF ENVIRONMENT AND NATURAL RESOURCES OUNTY OF CALDWELL IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND STIPULATION OF FACTS SUSAN GLENN/ ) BLACKBERRY SEWER SYSTEM WWTP 1 PERMIT NO. NCO055611 ) FILE NO. MV-2010-0002 -Having been assessed civil penalties totaling $1,967.00 for violation(s) as set forth in the assessment document of the Division of Water Quality dated February 11, 2010, 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 Quality 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 Susan Glenn CASE NUMBER: MV-2010-0002 Monitoring Violations MONITORING OUTFALL/ VIOLATION UNIT OF CALCULATED % OVER PENALTY REPORT PPI LOCATION PARAMETER DATE FREQUENCY MEASURE LIMIT VALUE LIMIT VIOLATION TYPE $50.00 6-2009 001 Effluent BOD - Cone 06/06/09 Weekly mg/l Frequency Violation $50.00 6-2009 001 Effluent BOD - Cone 06/13/09 Weekly mg/I Frequency Violation $50.00 6-2009 001 Effluent BOO - Cone 06/20/09 Weekly mg/I Frequency Violation $50.00 6-2009 001 Effluent BOD - Cone 06/27/09 Weekly mg/I Frequency Violation $50.00 6-2009 001 Effluent DO 06/06/09 Weekly mg/I Frequency Violation $50.00 6-2009 001 Effluent DO 06/13/09 Weekly mg/I Frequency Violation $50.00 6-2009 001 Effluent DO 06/20/09 Weekly mg/l Frequency Violation $50.00 6-2009 001 Effluent DO 06/27/09 Weekly mg/I Frequency Violation $50.00 6-2009 001 Effluent FEC COLI 06/06/09 Weekly 9/100mi Frequency Violation $50.00 6-2009 001 Effluent FEC COLI 06/13/09 Weekly 91100mi Frequency Violation $50.00 6-2009 001 Effluent FEC COLI 06/20/09 Weekly #/1o0ml Frequency Violation $50.00 6-2009 001 Effluent FEC COLI 06/27/09 Weekly #/loom] Frequency Violation $50.00 6-2009 001 Effluent FLOW 06/06/09 Weekly mgd Frequency Violation $50.00 6-2009 001 Effluent FLOW 06/13/09 Weekly mgd Frequency Violation $50.00 8-2009 001 Effluent FLOW 06/20/09 Weekly mgd Frequency Violation $50.00 6-2009 001 Effluent FLOW 06/27/09 Weekly mgd Frequency Violation $50.00', 6-2009 001 Effluent NH3-N - Cone 06/06/09 Weekly mg/I Frequency Violation $50.00 6-2009 001 Effluent NH3-N - Cone 06/13/09 Weekly mg/l Frequency Violation $50.00 6-2009 001 Effluent NH3-N - Cone 06/20/09 Weekly mg/I Frequency Violation $50.00 6-2009 001 Effluent NH3-N - Cone 06/27/09 Weekly mg/I Frequency Violation $50.00 6-2009 001 Effluent PH 06/06/09 . Weekly Su Frequency Violation ' $50.00 6-2009 001 Effluent PH 06/13/09 Weekly Su Frequency Violation $50.00 6-2009 001 Effluent PH 06/20/09 Weekly Su Frequency Violati $50.00 6-2009 001 Effluent PH 06/27/09 Weekly Su Frequency Vi Permit Enforcement History by Owner Owner: Susan Glenn Facility: Blackberry Sewer System Permit: NCO055611 Region: Asheville Penalty Assessment Penalty Case Number MR Approved Amount County: Caldwell Enforcement Costs Damages Remission Request Received Enf EMC Enf Conf Remission Hearing Held Amount Held EMC OAH Collection Remission Remission Memo Sent Amount Amount to AGO Total Paid . Balance Due Has Pmt Plan Case Closed LR-1992-0022 05/26/92 $500 $.00 $.00 $266.67 $.00 No 05/28/96 LR-1992-0037 06/22/92 $1,000 $.00 $.00 $533.33 $.00 No 05/28/96 LR-1992-0060 09/30/92 $2,000 $.00 $.00 10/30/92 02/02/94 $.00 04/14/94 $.00 $1,066.67 $.00 No 05/28/96 LR-1992-0070 11/06/92 $4,000 $.00 $.00 12/05/92 08/03/94 $.00 $.00 $2,133.33 $.00 No 05/28/96 LR-1992-0082 11/30/92 $8,000 $.00 $.00 $8,000.00 No 05/28/96 LV-2002-0158 1-2002 06/17/02 $250 $79.46 $329.46 $.00 No 07/07/05 RV-2005-0001 03/09/05 $500 $500.00 $.00 No 07/07/05 RV-2008-0001 06/26/08 $860 $26.26 $B86.26 $.00 No 08/06/08 LR-2008-0024 4-2008 10/23/08 $0 $100.00 $500.00 03/31/09 $600.00 No MV-2009-0004 12-2008 04/03/09 $100 $65.00 06/15/09 $265.00 No MV-2009-0004 9-2008 04/03/09 $100 $65.00 06115/09 $265.00 No LR-2009-0010 6-2009 08/26/09 $500 $100.00 $.00 12/28/09 $600.00 No MV-2010-0002 6-2009 02/08/10 $1,900 $67.00 $1,967.00 No Total Cases: 13 $502.72 $5,715.72 $11,697.00 Case Number: ION OF'., �.rER QUALITY - CIVIL PENALTY .L-2SSMENT (FILE) Susan Glenn Blackberry Sewer System WWTP/ NCO055611 Caldwell 131—LIF111 1 1 I I ASSESSMENT FACTORS As required by G.S. 143-214.6A(c), in determining the amount of the penalty I considered the factors 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 the public health, or to private property resulting from the violation; No Discharge Monitoring Report has been filed for June 2009 and therefore no sampling results, required by the permit, may be examined to determine the degree and extent of harm. 2) The duration and gravity of the violation; No required monitoring or sampling for Blackberry WWTP was done in June 2009. 3) The effect on ground or surface water quantity or quality or on air quality; There is no way to determine this due to the lack of required monitoring and sampling. 4) The cost of rectifying the damage; There is no way to determine this due to the lack of required monitoring and sampling. 5) The amount of money saved by noncompliance; There is no way to determine this due to the lack of required monitoring and sampling. 6) Whether the violation was committed willfully or intentionally; It is unknown; however, someone'made the choice to not perform the required monitoring and sampling. 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 three previous civil penalty enforcements in the past year. 8) The cost to the State of the enforcement procedures. $67.00. —� Date Roger . Edwards, Regional Supervisor Surface Water Protection Section Asheville Regional Office NCDENR North Carolina Department of Environment and Natural Res.0 r _ Division of Water Quality ` ` Y SSGc Beverly Eaves Perdue Coleen H. Sullins UF ( O " rrrlr�� Governor � Director :, FG-'—Dee-Freeman �',, .`, -.._ _- Secretary is_-..- September 1, 2009 CERTIFIED MAIL 7003 0600 0002 6819 4573 RETURN RECEIPT REQUESTED Susan Glenn P.O. Box 1770 Blowing Rock, NC 28605-1770 Subject: Assessment of Civil Penalty for Violations of Reporting Requirements �BlacMEET y S- er System Waste Water Treatment Plant (WWTP) NPDES Permi NG0055611 Case Number LR 42flU OQ;�'��.�. Caldwell Coi 1#0 Dear Ms. Glenn: This letter transmits notice of.a civil penalty assessed against the Blackberry Sewer System WWTP in the amount of $600.00 ($500.00 civil penalty + $100.00 in enforcement costs). This assessment is based upon the following facts: th June 2G409 dl'sch�arge tnoriltortng p�aH O R+ Chas not been filed 'lth! the Division of Water -Quality within the thirty (30) day reporting period in accordance with the monitoring and reporting requiremen s contained in your NPDES permit. A Notice of Violation.(NOV-2009-LR-0026) was sent to you for failure.to submit the April 2009 DMR no later than the thirtieth (30th) day following the reporting period. The certified mail receipt was received and signed for on June 27, 2009. Within said Notice, you were informed that future reports not received within the required timeframe would result in a - recommendation for assessment of civil penalties. Based upon the above facts, I conclude as a matter of law that the Blackberry Sewer System WWTP violated or failed to act in accordance with the requirements of NPDES Permit NCO055611 and G.S. 143-215.65. A civil penalty of not more than $25,000.00 per violation may be assessed against a person who fails to file, submit, or make available any documents, data, or reports required by G.S. 143-215.65. The State's enforcement costs in this matter may be assessed pursuant to G.S. 143-215.3(a) (9) and G.S. 143- 282.1(b) (8). Based upon the above findings of fact and conclusions of law, and pursuant to -the authority delegated to me by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Quality, I hereby make the following civil penalty assessment against the Blackberry Sewer System WWTP: -$ $500.00 for failing to submit the June 2009 DMR as required by NPDES Permit NCO055611 and G.S. 143- 215.65. $ $100.00 Investigation Costs $ $600.00 TOTAL AMOUNT DUE 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 Phone: 919-807-63871 FAX: 919-807-64951 Customer Service:. 1 -877-623-6748 Internet: www.ncwaterquality.org An Equal OpportunitylAffirmative Action Employer No thCarohtia ;Vatmallry Pursuant to G.S. 143-215.6A(c), in :rmining the amount of the penalty, I have taN to account the Findings of Facts and Conclusions of Law and have considered e; - 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: 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: Point Source Branch - Division 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. 143B-282.1(b) 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. 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 Phone: 919-807-63871 FAX: 919-807.64951 Customer Service:1-877-623-6748 Internet: www.ncwaterquality.org An Equal Opportunity 1 Affirmative Action Employer Nne orthCarolina Naturally 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. Since ely, IT mas Belnick, Supervisor, NPDES Western Program Attachments cc: ARO Surface Water Protection w/attachments Enforcement File Wattachments Central Files w/attachments 1617 Mail Service Center, Raleigh, North Carolina 27699-1617. Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 Phone: 919-807-6387 \ FAX: 919-807-64951 Customer Service:1-877-623-6748 Internet: www.ncwaterquality.org An Equal Opportunity 1 Affirmafive Action Employer Nne orthCarohna Naturally JUSTIFICATION FOR REMISSION REQUEST DWQ Case Number: LR-2009-0010 County: Caldwell Assessed Party: Blackberry Sewer System WWTP Permit Number: NC0055611 Amount Assessed: $600.00 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 applies. 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 pglied 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 CALDWELL IN THE MATTER OF ASSESSMENT OF CIVIL PENALTIES AGAINST BLACKBERRY SEWER SYSTEM WWTP NPDES PERMIT NCO055611 DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES WAIVER OF RIGHT TO AN ADMINISTRATIVE HEARING AND STIPULATION OF FACTS FILE NO. LR-2009-0010 Having been assessed civil penalties totaling $600.00 for violation(s) asset forth in the assessment document of the Division of Water Quality dated September 1, 2009, 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 :IItL IM TELEPHONE 2009. NCDENR North Carolina Department of Environment and Natural Resources Division of Water -Quality. Beverly Eaves Perdue Coleen H. Sullins. Governor Director July 25, 2009 CERTIFIED MAIL 7003 0500 0002 6819 4504 RETURN RECEIPT REQUESTED Susan Glenn P.O. Box 1770 Blowing Rock, NC 28605-1770 Dee Freeman Secretary J U N 2 9.2009 WATER OUALITY SECTION ASH-VILLE REGIONAL OFFICE Subject: NOTICE OF VIOLATION - NOV. 2009- LR- 0026 Blackberry Sewer System WWTP NCO055611 Caldwell County Dear Ms. Glenn: This is to inform you that the Division of Water Quality has. received your monthly monitoring report for April 2009 after the required reporting date. This is in violation of Part- II, Condition D (2) of the NPDES permit; as well as 15A NCAC 2B .506(a), which requires the submittal of Discharge Monitoring Reports (DMR) no later than the thirtieth (30th) day following.the reporting period. Failure to submit reports as required will subject the violator to the assessment of a civil penalty of up to $25,000 per violation. You will be considered -noncompliant with the .self -monitoring requirements of your NPDES permit until the report has been submitted. To prevent further action, please submit future "monthly reports within the above -mentioned timeframe to avoid further enforcement actions. You are also required to notify the Division each time mailing or phone numbers are changed which relate to your NPDES permit. The Division must take these steps because timely submittal of discharge monitoring reports is essential to the efficient operation of our water quality programs. We appreciate your assistance in this matter. If you have any questions about this letter or Discharge Monitoring Reports, please contact me at 919-807-6387. Sincerely, _. Bob Guerra Western Region NPDES Unit cc: ARO - Surface Water Protection Supervisor Enforcement file Central Files 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 One 1. Phone: 919-807-6387 \ FAX: 919-807-6495 \ Customer Service: 1-877-623-6748 NOl hCarolina. Internet: wuuw.ncwaterquality.org Naturally Equal Opportunity \ Affirmative Action Employer Water Quality Lab & Operations, Inc. PO Box 1167, Banner Elk, NC, 28604 Phone:828-898-6277 Fax:828-898-6255 WEraclb - e Ride t NPDES #1000 MO _Sue Glenn �� v P.O. Box 1770 v_ , / Blowing Rock, NC 28605 Here is your ANNUAL WASTEWATER TREATMENT REPORT (AWTR) along with a sample letter that you may send to your customers if you like. You may rewrite the sample letter to say what you wish to your customers. Please fill out the bold text in the sample letter if you wish to use it. A copy of the AWTR has been sent to the state, so you may not modify the AWTR. Thank you for letting us be of service to you, if you have any questions about the AWTR, feel free to call me at (828) 898-6277. Thank you again for your time. Sincerely, 11141110�� Paul Isenhour Laboratory Supervisor Water Quality Lab & Operations, Inc. MAR 1 0 2009 POINT SOURCE BRANCH I MAR 1 6 2009 I WP•TC�--- `�ITy SECTION Ac}{E�/IEEE REGIONnL OFFICE Annual Wastewater Treatment'PlantReport II Blackberry Ridge NPDES #: NCO055611 Date: 2/11/09' We are pleased to present to you this year's Annual Wastewater Treatment Plant Report. This report is designed to inform you about the quality of the wastewater we discharge to the receiving waters every day. Our constant goal is to protect the environmental waters of North Carolina. We want you to understand the efforts we make to continually improve the wastewater treatment process and protect our water resources. We are committed to ensuring the quality of the receiving waters that we discharge to. If you have any questions about this report or concerning your wastewater utility, please contact Paul Isenhour at (828) 898-6277. We want our valued customers to be informed about their wastewater utility. Let us first take this opportunity to give you a brief description of a Wastewater Treatment Plant. The waters that go down the drain, follow many different pipes, and ends up at the treatment plant. The wastewater goes through a bar screen that stops large particles that are present (i.e., rags and papers). The water then goes to an aeration basin where air is pumped into the water. This air supplies oxygen to bacteria that feed on the solids that are in the water. The water then goes to the clarifier where the solids settle out. The solids are pumped back to the aeration basin to give the bacteria a second chance to feed. When there are too many solids in the plant, some of the solids are pumped to a digester tank. In the digester, the bacteria have more time to feed on and reduce the solids' volume. When the digester gets full, the solids are pumped from the tank and taken to a larger facility. The clear water from the clarifier then goes to a tank for . disinfection. The two most prominent ways to disinfect the wastewater are chlorine and ultraviolet light. Chlorine can be used as a gas or in solid tablet form. When chlorine is used, there is generally a dechlorinating agent use to remove any excess chlorine from the wastewater before it goes to the receiving water. When ultraviolet light (UV) is used, the wastewater flows around the UV bulbs. Bacteria can not live when exposed to UV light, so as the water passes the UV bulbs, the water in disinfected. Finally, after disinfection, the treated wastewater goes into the receiving waters. PERFORMANCE The treatment plant did very well last year. We are very pleased to report that there were no violations for the entire year. All of the samples that were taken for the plant were under the limits set be the State Division of Water Quality. NOTIFICATION This annual report has been sent to the North Carolina Division of Water Quality and to the owner of the wastewater system. The wastewater system owner has also been given a letter that they can easily distribute to all their customers. The letter will inform the customers that the annual report is available upon request to the owner of the system. CERTIFICATION I certify under penalty of law that this report is complete and accurate to the best of my knowledge. I further certify that this report has been made available to the users or customers of the named system and that those users have been notified of its availability as per the NOTIFICATION section above. i aul Isenhour Laboratory Supervisor Water Quality Lab & Operations, Inc. Name of Wastewater! System NPDES# NC0006000 address city, NC zip Wastewater system customer address city, NC zip SUBJECT: ANNUAL WASTEWATER TREATMENT REPORT Dear wastewater customer, The ANNUAL WASTEWATER TREATMENT REPORT (AWTR) is completed! The AWTR is a report that lets us, the wastewater treatment provider, tell you, the user, what has been happening with our wastewater plant in the past year (2008). In the AWTR, we give you a brief description of the treatment plant, if we had any violations, and what was done about any violations. If you would like to have a copy of the AWTR, please call or come by our office, and we will give one to you. Thank you for your time and if you have any questions, feel free to call our office at 888-888-8888. North Carolina Department of Environment and Natural Resources Division of Water Quality le uuVCl IIUI Coleen H. Sullins Director April 6, 2009 CERTIFIED MAIL RETURN RECEIPT REQUESTED — 7007 1490 0004 0713 9240 Ms. Susan Glenn Blackberry Sewer System P.O. Box 1770 Blowing Rock, North Carolina 28605 CCi Dee Freeman Secretary 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 Permit NCO055611 Susan Glenn Blackberry Sewer System Wastewater Treatment Plant Case No. MV-2009-0004 Caldwell County Dear Ms. Glenn: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $265.00 ($200.00 civil penalty + $65.00 enforcement costs) against Susan Glenn. This assessment is based upon the following facts: a review has been conducted of the discharge monitoring reports (DMRs) submitted by Susan Glenn for the quarters ending September 2008 and December 2008. This review has shown the subject facility to be in violation of the discharge limitations and/or monitoring requirements found in NPDES Permit NCO055611. The quarterly violations which occurred in September and December 2008 are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that Susan Glenn violated the terms, conditions or requirements of NPDES Permit NCO055611 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 Environment and Natural Resources and the Director of the Division of Water Quality, I, Roger C. Edwards, Division of Water Quality Regional Supervisor for the Asheville Region, hereby make the following civil penalty assessment against Susan Glenn: RFACE WATER PROTECTION — ASHEVILLE REGIONAL OFFICE Location: 2090 U.S. Highway 70, Swannanoa, NC 28778 Phone: (828) 296-4500\FAX: 828 2997043\Customer Service: 1-877-623-6748 cwateraualitv.org $100.00 $100.00 $200.00 $65.00 $265.00 For 2 of the 2 failures to properly monitor PROS -TOT in v of NPDES Permit No. NCO055611. For 2 of the 2 failures to properly monitor TOTAL N in vio NPDES Permit No. NCO055611. TOTAL CIVIL PENALTY Enforcement Costs 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 days of receipt of this notice, you must do one of the following: 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. Point Source Compliance/Enforcement Unit Division 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: 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. 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 Ps and submit it to th„ ..vision of Water Quality at the addres.� ...ted below. In mining whether a remission request will be approved, the following factors shall be idered: (1) whether one or more of the civil penalty assessment factors in NCGS 143B-282.1 b p Y () 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 the Division of Water Quality 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 Quality also requests that you complete and submit the enclosed "Justification for Remission Request." Both forms should be submitted to the following address: Point Source Compliance/Enforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 M 3. File a petition for an administrative hearing with the Office of Administrative Hearings: If you wish to contest any statement in the attached assessment document you must file a petition for an administrative hearing. You may obtain the petition form from the Office of Administrative Hearings. You must file the petition with the Office of Administrative Hearings within thirty (30) 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 original and one (1) copy of the petition must be filed with the Office of Administrative Hearings. The petition may be faxed - provided the original and one copy of the document is received in the Office of Administrative Hearings within five (5) business days following the faxed transmission. The mailing address for the Office of Administrative Hearings is: Office of Administrative Hearings 6714 Mail Service Center Raleigh, North Carolina 27699-6714 Telephone (919) 733-2698 Facsimile: (919) 733-3478 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 (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 of the Water Quality staff of the Asheville Regional Office at 828-296-4500. Sincerely, Roger C. Edwards, Regional Supervisor Surface Water Protection Section Asheville Regional Office ATTACHMENTS cc: DWQ Asheville Files w/ attachments DWQ Central Files w/ attachments Bob Guerra/ DWQ Enforcement Files w/ attachments Water Quality Lab/ ORC vi/ attachments GAWPDATA\DEMWQ\Caldwe11\55611 Blackberry\55611. MV-2009-0004.doe .TITS'... ICAT'ION FOR REMISSION REQv_3T ler: M V-2009-0004 Susan Glenn/ Blackberry Sewer System Permit No.: N00055611 County: Caldwell Amount Assessed: $265.00 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 applies. 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. 14313-282.1(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 CAROLI_ J COUNTY OF CALDWELL IN THE MATTER OF ASSESSMENT OF CIVIL PENALTIES AGAINST SUSAN GLENN/ BLACKBERRY SEWER SYSTEM PERMIT NO. NCO055611 DEPARTM—...'OF AND NATURAL WAIVER OF RIGHT TO AN ADMINSTRATIVE HEARING AND STIPULATION OF FACTS FILE NO. MV-2009-0004 Having been assessed civil penalties totaling $265.00 for violation(s) as set forth in the assessment document of the Division of Water Quality dated April 6, 2009, 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 Quality 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 Susan Glenn , CASE NUMBER: MV-2009-0004 PERMIT: NCO055611 FACILITY: Blackberry Sewer System COUNTY: Caldwell REGION: Asheville Monitoring Violations MONITORING OUTFALLI VIOLATION UNIT OF CALCULATED % OVER PENALTY REPORT PPI LOCATION PARAMETER DATE FREQUENCY MEASURE LIMIT VALUE LIMIT VIOLATION TYPE S50.00 9-2008 001 Effluent PHOS-TOT 09/30/08 Quarterly mg/I Frequency Violation $50.00 12-2008 001 Effluent PHOS-TOT 12/31/08, Quarterly mg/I Frequency Violation S50.00 9-2008 001 Effluent TOTAL N 09/30/08 Quarterly mg/I Frequency Violation S50.00 12-2008 001 Effluent TOTAL N 12/31/08 Quarterly mg/I Frequency Violation Permit Enforcement History by Owner 04/03/09 1 Owner: Susan Glenn Facility: Blackberry Sewer System Permit: NCO055611 Region: Asheville County: Caldwell Penalty Remission Enf EMC EMC OAH Collection Has Assessment Penalty Enforcemen Request Enf Conf Remission Hearing Remission Remission Memo Sent Pmt Case Case Number MR Approved Amount t Costs Damages Received Held Amount Held Amount Amount to AGO Total Paid Balance Due Plan Closed LR-1992-0022 05/26/92 $500.00 $.00 $.00 $266.67 $.00 No 05/28/96 LR-1992-0037 06122/92 $1,000.00 $.00 $.00 $533.33 $.00 No 05/28/96 LR-1992-0060 09/30/92 $2.000.00 $.00 $.00 10/30/92 02/02/94 $.00 04/14/94 $.00 $1,066.67 $.00 No 05/28/96 LR-1992-0070 11/06/92 $4.000.00 $.00 $.00 12/05/92 08/03/94 $.00 �$.00 $2.133.33 $.00 No 05/28/96 LR-1992-0082 11/30/92 $8,000.00 $.00 $.00 $8,000.00 No 05/28/96 LV-2002-0158 1-2002 05/17/02 $250.00 $79.46 $329.46 $.00 No 07/07/05 RV-2005-0001 03/09/05 $500.00 $500.00 $.00 No 07/07/05 RV-2008-0001 06/26/08 $860.00 $26.26 $886.26 $.00 No 08/06/08 LR-2008-0024 4-2008 10/23/08 $.00 $100.00 $500.00 03/31/09 $600.00 No MV-2009-0004 12-2008 04/03/09 $200.00 $65.00 $265.00 No MV-2009-0004 9-2008 04/03/09 $200.00 $65.00 $265.00 No Total Cases: 11 $17,510.00 $335.72 Total Penalties: $18,345.72 ^^ $5,715.72 $9,"^ Total Penalties after remission(s): $14, EFFLUENT No. NCO05 I DISCHARGE NO. 001 ' (� � ONTH DECEMBER YEAR 2008 AME Blackberry Ridge CLASS I! COUNTY Caldwell _ \� PRTIFIED OR IN RESPONSIBLE CHARGE (ORC) Larry Townsend GRADE _ III PHONE (828),- 98=8277 •YT LABORATORIES (1) Water Quality Lab & Operations, Inc. CHECK BOX IF ORC HAS CHANGED PERSON( ') COLLECTING SAMPLES Larry Townseci&(:r Mail ORIGINAL and ONE COPY to: ; -� 62 ATTN: CENTRAL FILES ait;.. " M z '^.1 �� DIVISION OF WATER QUALITY F--E .:: ,, „'d (SIGN'T JRE OF PERATOR IN RESPONSIBLE CHARGE) (DATE) 1617 MAIL SERVICE CENTER - B° J: 'li"§I 3NATURE, I CERTIFY THAT THIS REPORT IS RALEIGH, NC 27699-1617 \� .:ACCURATE AND COMPLETE TO THE BEST OF MY KNOWLEDGE D A T E P R E R R I A V T A O L R TIME 2400 P E R A T O R TIME ON SITE c O N S I E E I`- 50050. 00010' 004q 00 6 • • 00310 00670 �`,. 00530 31616 00300 00600 00665 00076 00095 00556 FLOW ,} '.> E ,e P E L` tRS T U U A;, R E 4 .. \� , �.`': Ph �� ,:�"' kr_E`' R C E H lS'L.:;- I` o �;.1(.> µI, ' N. e '•y' .. r; '; '`I:' ;.• ;: $OD` 20 C :; _-S q. N\% ```M` i •� T R O ' �, O G I E A N U T S S_ Q P rj L T E A N I D L D S E D '�.,,• O 'F L E I C F A O L R M GEOMETRIC MEAN D 1 S O S X Y O L G E V N E D N [ � I R O G E N Total H �� O i S P H O R U S Total T U R g I D T Y N D U C T I V ,I, Y O G I R L E A S & E INF` ti';. I L Y R A E MRS HRS YIN MGD C UNIT UGIL MG/L MGIL MGIL cfu/100ML MGIL MGIL MGIL NTU umhos/cm MGIL 1 900 0.3 Y 0.0008 i0 6.5 UV < 2 0.70 2 < 1 6.3 2 900 0.3 Y 10 UV 3 946 0.3 Y 9 UV 4 1 1115 0.31 Y 1 9 UV 5 1030 0.3 Y 9 UV 6 UV 7 UV 8 900 0.3 Y 0.0009 9 6.6 UV 3.5 < 0.10 11 < 1 6.2 9 900 0.3 Y 9 UV 10 1200 0.3 Y 9 UV 11 1000 0.3 Y 10 UV 12 1145 0.3 Y 10 UV 13 UV 14 UV 15 900 0.3 Y 0.0008 9 6.6 UV < 2.0 0.10 2 < 1 6.1 16 900 0.3 Y 9 UV 17 1030 0.3 Y 10 UV 18 1016 0.3 Y 10 UV 19 1200 0.3 Y 10 UV 20 UV 21 UV 22 900 0.3 Y 0.0010 91 6.7 UV 7.6 1.30 20 < 1 6.3 23 900 0.3 Y 1 91 1 UV 24 HOLIDAY UV 25 HOLIDAY UV 26 HOLIDAY UV 27 UV 28 UV 29 900 0.3 Y 1 0.00101 91 6.6 UV 9.3 1.60 4 < 1 6.2 30 900 0.3 Y 1 91 UV 31 12001 0.3 Y 1 91 AVERAGE 0.0009 9 UV 4.9 0.76 8 1 6.2 #>#### ##### MAXIMUM 0.0010 10 6.7 9.3 1.60 20 1 6.3 0.00 0.00 MINIMUM 0.0008 9 6.5 EUV 2.0 0.10 2 1 6.1 0.00 0.00 COMP. (C)! GRAB (G) G G G G G G G G G G MONTH LY LIMIT 0.003 6-9 28 30-05 11.10 30-05 200-400 1-6 _ a Facility Status: (Please check one of the fol I) All monitoring data and sampling frequencies meet permit requirements All monitoring data and sampling frequencies do NOT meet permit requirements If the facility is noncompliant, please comment on corrective actions ueurg tai(en in respect to equipment, operation, maintenance, etc., anu a time tame for improvements to be made. " = All QC not met. I do not feel that the data was effected. a@ = Blank used too much D.O. # = Seed failed ^ = GGA failed "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 persons 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." Jadd Brewer - of Permittee)— (Date) PO Box 1770 Blowing Rock NC, 28605 828-266-9861 10/31/2003 Permittee Address Phone Number Permit Exp. Date PARAMETER CODES 00010 Temperature 00566 Oil and Grease 00950 Dissolved Flouride 01077 Silver 39616 PCPS 00065 Steam Stage 00600 Total Nitrogen 01002 Total Arsenic 01087 Total Vanadium 39941 Roundup 00076 Turbidity 00610 Ammonia Nitrogen 01027 Cadmium 01092 Zinc 50047 Maximum Flow during 24-hr. period 00300 Dissolved Oxygen 00625 Total Kjeldahl Nitrogen 01032 Hexavalent Chromium 01106 Total Aluminum 50084 Minimum flow during 24-hr. period 00310 ROD 00665 Total Phosphorous 01034 Chromium 01147 Total selenium 50060 Flow 00340 COD 00720 Cyanide 01037 Total Cobalt 31604 Total Coliform 50060 Total Residual Chlorine 00400 pH 00745 Total Sulfide 01042 Copper 31614 Fecal Coliform, MPN, Tube 71880 Formaldehyde 00500 Total Solids 00927 Total Magnesium 01046 Total Iron 31616 Fecal Coliform 71900 Mercury 00530 TSS 00929 Total Sodium 01051 Lead 32730 Total Phenolics 81318 Ferrocyanides 00546 Settleable Solids 00940 Total Chloride 01067 Nickle 38260 MBAS 85652 Time The monthly average for fecal coliform is to be reported as a GEOMETRIC mean. Use only units designated in the reporting facility s permit for reporting data. * ORC must visit facility and document visitation of facility as requires per 15A NCAC 8A .0202 (b) (5) (B). — If Signed by other than the permittee, delegation of signatory authority must be on file with the state per 15A NCAC 2B .0506 (b) (2) (D). DIVISION OF WA1 r,n QUALITY - CIVIL PENALTY ASSiJ &&TENT (FILE) I Susan Glenn/ Blackberry Ridge/ NCO055611 County: Caldwell Case Number: MV-2009-0004 ASSESSMENT FACTORS As required by G.S. 143-214.6A(c), in determining the amount of the penalty I considered the factors set out in G.S. 143B-282.1(b), which are: 1) The degree and extent of harm to the natural resources of he State, to the public health, or to private property resulting from the violation; All effluent violations are detrimental to the receiving stream.) 2) The duration and gravity of the violation; Total Nitrogen and Total Phosphorus, which are required to bg sampled quarterly by the NPDES permit, were not sampled for the third and fourth quarter of 2008. 3) The effect on ground or surface water quantity or quality or on air quality; All effluent violations are detrimental to the receiving stream. 4) The cost of rectifying the damage; The cost is unknown. 5) The amount of money saved by noncompliance; The amount of money saved includes the cost of sampling TN'i& TP for the last two quarters of 2008 (for the quarters ending September ' 08 and December ' 08). I 6) Whether the violation was committed willfully or intentionally; The violation does not appear to be willful or intentional. 7) The prior record of the violator in complying or failing to lomply with programs over which the Environmental Management Commission has regulatory authority; and There has been one enforcement in the past year. . ii 8) The cost to the State of the enforcement procedures. $65.00. 4. rF7Date h6g4 C. Edwards, Regional Supervisor Surface Water protection Section Asheville Regional Office NCDENR North Carolina Department of Environment and Natural Resources " Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary March 16, 2009 CERTIFIED MAIL 7003 0500 0002 6819 4153 RETURN RECEIPT REQUESTED Blackberry Sewer System Susan Glenn PO Box 1770 Blowing Rock, N.C. 28605 SUBJECT: NPDES Permit Annual Fee NPDES Permit NCO055611 rur�y' i County Dear Ms. Glenn: All permittees operating under a NPDES Permit must pay an Annual Administration Fee. For calendar year 2007 and calendar year 2008, it appears that annual fees in the amounts of $1575.00 are past due. Please submit payment as indicated below within thirty days receipt of this notice. Failure to remit payment will require this matter to be referred for collection. Please make checks payable to NC DENR; please include your NPDES permit number on the check. Send the annual fee payment to: Fran McPherson Annual Administering and Compliance Fee Coordinator 1617 Mail Service Center Raleigh, NC 27699-1617 If you have evidence that this fee has already been paid, please contact Mrs. McPherson at 919/807-6321. Sincerely GCJG�� Bob Guerra Western NPDES Program cc: Fran McPherson DWQ/SWP Central Files 'sheui Ie ktet tome IO+fee / Roger Edwards Permit file 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 Phone: 919-807-63001 FAX: 919-807-64951 Customer Service: 1-877-623-6748 Internet: www.ncwaterquality.org An Equal Opportunity 1 Affirmative Action Employer l- E C 0 U j� MAH 1 8 2009 1 J WATER QUALITY SECTION ASHEVILLE REGIONAL OFFICE None rthCarolina Naturally �CF W 9 A 7- Q Michael F. Easley,. Governor �0 William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources "- i.; - Aivision:of WaferSQ�iialftij'( November 12, 2008 CERTIFIED MAIL 7007 0710 0000 5376 7686 RETURN RECEIPT REQUESTED f. Susan Glenn =14, ,Q P.O. Box 1770 ' Blowing Rock, NC 28605-1770 WATER QUALITY SECTION a r ASHEVILLE REGIONAL OFFICE Subject: Assessment of Civil Penalty for Violations of Reporting Requirements, Blackberry Sewer System Waste Water Treatment Plant (WWT}y�hf-tl- r Lpw_F2.�s* •�,_r..sJ NPDES Permit NCO055611 Case Number LR-2008-0024 Caldwell County Dear Ms. Glenn: This letter transmits notice of a civil penalty assessed against the Blackberry Sewer System WWTP in the amount of $600.00 ($500.00 civil penalty + $100.00 in enforcement costs). This assessment is based upon the following facts: the April 2008 discharge monitoring report (DMR) was not filed with the Division of Water Quality within the thirty (30) day. reporting period in accordance with the monitoring and reporting requirements contained in your NPDES permit. A Notice of Violation (NOV-2008-LR- 0036) was sent to you dated June 26, 2008 for failure to submit the April DMR no later than the thirtieth (30) day following the reporting period. The certified mail receipt was received and signed for on 7-02-2008. Within said Notice, you were informed that future reports not received within the required timeframe would result in a recommendation for assessment of civil penalties. As of October 24, 2008, the April 2008 DMR has not been received. Based upon the above facts, I conclude as a matter of law that the Blackberry Sewer System WWTP violated or failed to act in accordance with the requirements of NPDES Permit NCO055611 and G.S. 143-215.65. 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 G.S. 143-215.65. 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 Blackberry Sewer System WWTP: i $ $500.00 for failing to submit the April 2008 DMR as required by NPDES Permit NCO055611 and G.S. 143-215.65. $ $100.00 Investigation Costs $ $600.00 TOTAL AMOUNT DUE NonR lino Aawtura!!y North Carolina Division of Water Quality 1617_Mail Service Center Raleigh, NC 27699-1617 Phone (919) 807-6300 Customer Service Internet: www.nr-watei-quality.org Location: 512 N. Salisbury St. Raleigh, NC 27604 Fax (919) 807-6492 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer— 50% Recycled/10% Post Consumer Paper Pursuant to G.S. 143-215.6A(c), in determining the amount oflthe 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 if 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: Point Source Branch Division 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. j A request for remission or mitigation is limited to cons amount of the penalty and is not the proper procedurE statements contained in the assessment letter. Becai of an administrative hearing, such a request must be administrative hearing and a stipulation that there are must execute and return to this office the attached we statement, which you believe establishes whether: (a) one or more of the civil penalty assessment wrongfully applied to the detriment of the pe (b) the violator promptly abated continuing envii violation; (c) the violation was inadvertent or a result of al (d) the violator,had been assessed civil penaltiE (e) payment of the civil penalty will prevent pays 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 leration of the reasonableness of the for contesting the accuracy of any of the se a remission request forecloses the option ccompanied by a waiver of your right to an io factual or legal issues in dispute. You ver and stipulation form and a detailed in G.S. 143B-282.1(b) were ental damage resulting from the accident; for any previous violations; lent for the remaining necessary remedial 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 3. 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. S/ncrely, i Tas elnick, Supervisor, NPDES Western Program Attachments cc: FARO -Surface Water Protection w/attachments r Enforcement -File w/attachments Central. Files w/attachments STATE OF NORTH CAROLINA COUNTY OF CALDWELL IN THE MATTER OF ASSESSMENT OF CIVIL PENALTIES AGAINST BLACKBERRY SEWER SYSTEM WWTP NPDES PERMIT NCO055611 DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES WAIVER OF RIGHT TO AN ADMINISTRATIVE HEARING AND STIPULATION OF FACTS FILE NO. LR-2008-0024 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 November 24, 2008, 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 92008. IM ADDRESS TELEPHONE JUSTIFICATION FOR REMISSION REQUEST DWQ Case Number: LR-2008-0024 County: Caldwell Assessed Party: Blackberry Sewer System WWTP Permit Number: NCO055611 Amount Assessed: $600.00 Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission, Waiver of Rizht to an Administrative Hearin, 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 applies. 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: Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources August 6, 2008 SUSAN GLENN PO BOX 1770 BLOWING ROCK NC 28605 SUBJECT: Payment Acknowledgment Civil Penalty Assessment Blackberry Sewer System Permit Number: NCO055611 Case Number: Rig-2008-0001 Caldwell County Dear Ms. Glenn: Coleen H. Sullins, Director Division of Water Quality �f AUG - 8 2008 WATER QUALITY SCCTIQN I ASHC`'ILLE RFS,II NAL C L This letter is to acknowledge receipt of check number 5539 in the amount of $886.26 received from you dated July 28, 2008. This payment satisfies in full the above civil assessment levied against the subject facility, and this case has been closed. Payment of this penalty in no way precludes future action by this Division for additional violations of the applicable Statutes, Regulations, or Permits. If you have any questions, please call Charles H Weaver at 919-807-6391. Sincerely, ��001�mlll cc: Central Files DWAd -�hpvllle-Reggien&Office Supervisor Mailing Address Phone (919) 807-6300 1617 Mail Service Center Fax (919) 807-6492 Raleigh, NC 27699-1617 Dina Sprinkle Location Noi thCazol 512 N. Salisbury St. a&rg11 Raleigh, NC 27604 Internet: www.ncwatercivality.org Customer Service 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer— 50% Recycled/10% Post Consumer Paper JUL - 9 2008 I D NCDENR `' WATER QUALITY SECTION North Carolina Department of Environment and dbJ L OFFICE Division of Water Quality Michael F. Easley, Governor �`"�"" "1NPltiaiG.~Ross; Jr:;ecretary-w` Coleen H. Sullins, Director June 26, 2008 CERTIFIED MAIL ITEM 7002 0860 0006 5836 0090 RETURN RECEIPT REQUESTED Susan Glenn P.O. Box 1770 Blowing Rock, NC 28605-1770 Subject: Assessment'of Civil Penalty Violations of NCGS 143-215.1(c) NPDES permit NCO055611 Blackberry Sewer System Caldwell County Case Number RV-2008-0001 Dear Permittee: This letter transmits notice of a civil penalty assessment of $886.26 [$860.00 civil penalty + $26.26 enforcement costs], based upon the following facts: ➢ The Division issued permit NCO055611 for the subject facility on October 5, 2005. ➢ Permit NCO055611 expires on October 31,.2008. North Carolina General Statute 143- 215.1 (c) requires the Permittee to request renewal at least 180 days before permit expiration. No renewal application for your permit was received on or before May 4, 2008 (180 days before the permit expiration date). ➢ A Notice of Violation was mailed to you dated May 15, 2008. Records from the U.S. Postal Service document that it was received on May 22, 2008. To date the Division has received no correspondence requesting either renewal or rescission of the permit. ➢ In accordance with NCGS 143-215.6 A (a), a civil penalty of not more than $25,000.00 per day may be assessed against a "person" who fails to comply with the terms, conditions or requirements of a permit required by NCGS 143-215.1. Based on the facts listed above, I conclude as a matter of law that: ➢ NPDES permit NCO055611 is required by NCGS 143-215.1. ➢ A renewal request was due for permit NCO055611 no later than May 4, 2008. ➢ By failing to request renewal of the permit, you violated and failed to act in accordance with NCGS 143-215.1. 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 512 North Salisbury Street, Raleigh, North Carolina 27604 Phone: 919 733-5083 / FAX 919 733-0719 / Internet: h2o.enr.state.nc.us An Equal Opportunity/Affirmative Action Employer — 50% Recycled/10% Post Consumer Paper NorthCarohna Nahmallb, wa-rk Case number RV-2008-0001 Permit NC0055611 Page 2 Based on the above facts and conclusions of law [and proper delegation from the Secretary of NC DENR and the Director of the Division of Water Quality], you are hereby assessed a civil penalty of $886.26 for failure to renew your permit. ASSESSMENT FACTORS In determining the dollar amount of the penalty assessed in this case [pursuant to N.C.G.S. 143- 215.6A (c)], Division staff take 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. The enclosed Assessment Responses Document lists the 3 options available to you in response to this penalty. Failure to exercise one of the options 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. Regardless of the option you choose, you MUST submit a renewal application if you want this discharge permit to be renewed. If you have questions regarding this matter, contact Charles Weaver of my staff at (919) 733- 5083, extension 511. Sincerely, Coleen H. Sullins cc: Central Files het�ille e�ionalOffce../ Ra�'ep Mwards NPDES Compliance case file June 26, 2008 CERTIFIED MAIL 7007 0710 0000 5376 7556 RETURN RECEIPT REQUESTED Susan Glenn P.O. Box 1770 Blowing Rock, NC 28605-1770 Dear Ms: Glenn: Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Coleen H. Sullins, Director Division of Water Quality 1 kI JUN 3 0 2008 WATER QUALITY SECTION ASHE`,iILLE F-rIONA1_ OFFICE Subject: NOTICE OF VIOLATION - NOV- 2008- LR- 0037 Blackberry Sewer System WWTP — NCO055611 Caldwell County. This is to inform you that the Division of Water Quality has not received your monthly monitoring report for April 2008 after the required reporting date. This is in violation of Part II, Condition D(2) of the NPDES permit, as well as 15A NCAC 2B .506(a), which requires the submittal of Discharge Monitoring Reports (DMR) no later than the thirtieth (301h) day following the reporting period. Failure to submit reports as required will subject the violator to the assessment of a civil penalty of up to $25,000 per violation. You will be considered noncompliant with the self -monitoring requirements of your NPDES permit until the report has been submitted. Please submit the April 2008 DMR report within 15 days of receipt of this notice if you have not yet submitted it. To prevent further action, please submit future monthly reports within the above -mentioned timeframe to avoid further enforcement actions. You are also required to notify the Division each time mailing or phone numbers are changed which relate to your NPDES permit. The Division must take these steps because timely submittal of discharge monitoring reports is essential to the efficient operation of our water quality programs. We appreciate your assistance in this matter. If you have any questions about this letter or Discharge Monitoring Reports, please contact me at 919-733-5083, extension 539. Sincerely, oax'11111&� Bob Guerra Western Region NPDES Unit cc: ARO S°urface WaterFrotectromSupervlsor Enforcement file - Central Files N""q"�RhltCarolina Naturally North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone (919) 733-5083 Customer Service Internet: h2o.enr.state.nc.us 512 N. Salisbury St. Raleigh, NC 27604 FAX (919) 733-0719 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer — 50% Recycled/10% Post Consumer Paper Water Quality Lab & Operations, Inc. _7 PO Box 1167, Banner Elk, NC, 28604 Phone:828-898-6277 Fax:828-898-6255 Blackberry Ridge NPDES # NCO055611 Sue Glenn P.O. Box 1770 Blowing Rock, NC 28605 Here is your ANNUAL WASTEWATER TREATMENT REPORT (AWTR) along with a sample letter that you may send to your customers if you like. You may rewrite the sample letter to say what you wish to your customers. Please fill out the bold text in the sample letter if you wish to use it. A copy of the AWTR has been sent to the state, so you may not modify the AWTR. Thank you for letting us be of service to you, if you have any questions about the AWTR, feel free to call me at (828) 898-6277. Thank you again for your time. Sincerely, aul Isenhour Laboratory Supervisor Water Quality Lab & Operations, Inc. APR2008 AS'riEVILLE RE ICid,',L C- IC_-- __ �! APR 1 5 2008 Annual Wastewater Treatment Plant Aep rt WATER QU ,CITY ScCTIOf l �S-iEV!LLE F'G!C-!c,L J �iiyE Blackberry Ridge,.: w NPDES #: NCO055611 ' "� �`' Lj Date: 2/13/08 ; t' AIR 0 2008 i' f.'. T. Uv We are pleased to present to you this year's Annual Wastewater Treatment Plant Report. This report is designed to inform you about the quality of the wastewater we discharge to the receiving waters every day. Our constant goal is to protect the environmental waters of North Carolina. We want you to understand the efforts we make to continually improve the wastewater treatment process and protect our water resources. We are committed to ensuring the quality of the receiving waters that we discharge to. If you have any questions about this report or concerning your wastewater utility, please contact Paul Isenhour at (828) 898-6277. We want our valued customers to be informed about their wastewater utility. . Let us first take this opportunity to give you a brief description of a Wastewater Treatment Plant. The waters that go down the drain, follow many different pipes, and ends up at the treatment plant. The wastewater goes through a bar screen that stops large particles that are present (i.e., rags and papers). The water then goes to an aeration basin where air is pumped into the water. This air supplies oxygen to bacteria that feed on the solids that are in the water. The water then goes to the clarifier where the solids settle out. The solids are pumped back to the aeration basin to give the bacteria a second chance to feed. When there are too many solids in the plant, some of the solids are pumped to a digester tank. In the digester, the bacteria have more time to feed on and reduce the solids' volume. When the digester gets full, the solids are pumped from the tank and taken to a larger facility. The clear water from the clarifier then goes to a tank for disinfection. The two most prominent ways to disinfect the wastewater are chlorine and ultraviolet light. Chlorine can be used as a gas or in solid tablet form. When chlorine is used, there is generally a dechlorinating agent use to remove any excess chlorine from the wastewater before it goes to the receiving water. When ultraviolet light (UV) is used, the wastewater flows around the UV bulbs. Bacteria can not live when exposed to UV light, so as the water passes the UV bulbs, the water in disinfected. Finally, after disinfection, the treated wastewater goes into the receiving waters. PERFORMANCE The treatment plant did very well last year. We are very pleased to report that there were no violations for the entire year. All of the samples that were taken for the plant were under the limits set be the State Division of Water Quality. NOTIFICATION This annual report has been sent to the North Carolina Division of Water Quality and to the owner of the wastewater system. The wastewater system owner has also been given a letter that they can easily distribute to all their customers. The letter will inform the customers that the annual report is available upon request to the owner of the system. CERTIFICATION I certify under penalty of law that this report is complete and accurate to the best of my knowledge. I further certify that this report has been made available to the users or customers of the named system and that those users have been notified of its availability as per gie NOTIFICATION section above. Isenhour Laboratory Supervisor Water Quality Lab & Operations, Inc. 2- 2-9 --s- Date " tdi!"AIvttenli— .:4..� F WATF ; Michael F. Easley, Governor William G. Ross Jr., Secretary `Q;-f -_ ,jr. , -NorthUGarolint�ep�5wnment of Environment and Natural Resources r Coleen H. Sullins, Director —i Division of water Quality P g Asheville Regional Office SURFACE WATER PROTECTION SECTION September 12, 2007 Ms. Susan Glenn PO Box 1770 Blowing Rock, NC 28605 SUBJECT: Compliance Sampling Inspection Blackberry Sewer System WWTP Permit No: NCO055611 Caldwell County Dear Ms. Glenn: Enclosed please find a copy of the Compliance Sampling Inspection form from the inspection conducted on September 6, 2007. The facility was found to be in compliance with permit NCO055611. 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 extension 4662. Sincerely, Wanda P. Frazier Environmental Specialist Enclosure cc: Jadd Brewer / Larry Townsend Central Files As`hevil Ie-Eil:es No thCarohna �airrrrrll� 2090 US Hwy 70, Swannanoa, NC 28778 Telephone: (828) 296-4500 Fax: (828) 299-7043 Customer Service 1-877-623-6748 United States Environmental Protection Agency Form Approved. EPA Washington, D.C. 20460 r OMB No. 2040-0057 Water Compliance Inspection Report Approval expires 8-31-98 Section A: National Data System Coding (i.e., PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 INI 2 U 3I NCo055611 111 121 07/09/06 117 18[S 191s1 201 L=! Remarks 211111111111111111111111111111 IIIIIIII IIIIIIIII116 Inspection Work Days Facility Self-Monitoririg Evaluation Rating B1 QA --------------------------- Reserved -------- ------------- 671 1.0 1 69 70131 71 1U 721 NJ 73ILu LI 174 75I 1_L1 1 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) Blackberry Sewer System 11:35 AM 07/09/06 05/11/01 Exit Time/Date Permit Expiration Date Blackberry Rd Blowing Rock NC 28605 11:45 PM 07/09/06 08/10/31 Name(s) of Onsite Representative(s)fritles(s)/Phone and Fax Number(s) Other Facility Data Larry E Townsend/ORC/704-898-9212/ Name, Address of Responsible Official/Title/Phone and Fax Number Contacted Susan G1enn,PO Box 1770 Blowing Rock NC 28605//828-278-4777/ No Section C: Areas Evaluated During Inspection (Check only those areas evaluated) Permit ® Operations & Maintenance ® Records/Reports flN Self -Monitoring Program 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/ s `f..�f✓�jC/'f.'.. �f%"1 !,/' \ l.% ��`� ✓ i-.C��C� \✓,/ � 1 !,'i.,. C:rrG ��� (�C.-/t 6.- j•' ,t/' ��/ ! 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 3I N00055611 I11 12I 07/09/06 1 17 18IS1 (cont.) Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) Treatment Units / Process Control Testing / Effluent Data: 3,000 gpd Effluent samples were collected and sent to the DWQ lab for analyses. Billing: The annual fee is due on September 17, 2007. `Invoice Type: Permit Annual Fee Period Year: 2007 Period Begin: 01/01/2007 Period End: 06/30/2008 Billing Month: July Due Date: 09/17/2007 Invoice number: 2007PR007909 Amount: $715.00 Paid: $0.00 Balance Due: $715.00 Records & Reports: A review of the files indicates that the last compliance evaluation inspection was conducted on 2-6-2006 by Jim Reid. The permit expires on 10-31-2008. Please request a permit renewal 6 months prior to expiration. A renewal notice will be mailed as a reminder. The Annual Performance Report has been filed for the year. The log book was present on -site and had good notation of daily events. Operations & Maintenance / Summary: The effluent appeared to be clear, indicating compliance with permit limits. This facility appears to be well operated and maintained. The operator was on -site during the inspection and is doing a good job. Page # 2 Permit: NCO055611 Inspection Date: 09/06/2007 Owner - Facility: Blackberry Sewer System Inspection Type: Compliance Sampling 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? m ❑ ❑ n # Are there any special conditions for the permit? n m ❑ ❑ Is access to the plant site restricted to the gerieral public? ® n n n Is the inspector granted access to all areas for inspection? hi Q n n Comment: Bar Screens Yes No NA NE Type of bar screen a.Manual b.Mechanical n Are the bars adequately screening debris? n n n Is the screen free of excessive debris? l n ❑ ❑ Is disposal of screening in compliance? rI n n Is the unit in good condition? n n n Comment: Aeration Basins Yes No NA NE Mode of operation Ext. Air Type of aeration system Diffused Is the basin free of dead spots? 0 ❑ Q ❑ Are surface aerators and mixers operational? Cl n H n Are the diffusers operational? ma n ❑ ❑ Is the foam the proper color for the treatment process? Ed n n n Does the foam cover less than 25% of the basin's surface? n n n Is the DO level acceptable? n n n to Is the DO level acceptable?(1.0 to 3.0 mg/I) n❑n� Comment: Secondary Clarifier Yes No NA NE Is the clarifier free of black and odorous wastewater?A n n ❑ Is the site free of excessive buildup of solids in center well of circular clarifier? ❑ ❑ R Are weirs level? M n 110 Page #' 3 Permit: NCO055611 Inspection Date: 09/06/2007 Owner - Facility: Blackberry Sewer System Inspection Type: Compliance Sampling Secondary Clarifier. ies NO NA Nr- Is the site free of weir blockage? ■ n n n Is the site free of evidence of short-circuiting? ■ n n n Is scum removal adequate? ■ n n n Is the site free of excessive floating sludge? ■ n n n Is the drive unit operational? n n ■ n Is`the return rate acceptable (low turbulence)? ■ n n Is the overflow clear of excessive solids/pin floc? ■ n n n Is the sludge blanket level acceptable? (Approximately'/ of the sidewall depth) ■ n n n Comment: Disinfection - UV Yes No NA NE Are extra UV bulbs available on site? ■ ❑ n n Are UV bulbs clean? ■ n n n Is UV intensity adequate? ■ n n n Is transmittance at or above designed level? ■ n n n Is there a backup system on site? n ■ n n Is effluent clear and free of solids? ■ n n n Comment: . Operations & Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? ■ n n n Does the facility analyze process control parameters, for ex: MLSS, MCRT, Settleable Solids, pH, DO, Sludge ■ n El Judge, and other that are applicable? Comment: Effluent Sampling Yes No NA NE Is composite sampling flow proportional? n n ■ n Is sample collected below all treatment units? ■ n ❑ ❑ Is proper volume collected? ■ n n n Is the tubing clean? n n ■ n Is proper temperature set for sample storage (kept at 1.0 to 4.4 degrees Celsius)? ■ n n n Is the facility sampling performed as required by the permit (frequency, sampling type representative)? ■ n n n Comment: Page # ' 4 Permit: NC0055611 Owner - Facility: Blackberry Sewer System Inspection Date: 09/06/2007 Inspection Type: Compliance Sampling Effluent Pipe Is right of way to the outfall properly maintained? Are the receiving water free of foam other than trace amounts and other debris? If effluent (diffuser pipes are required) are they operating properly? Comment: Page # 5 DWO LaboratorySection 1 esuCts County: AVERY Sample ID: AB21525 River Basin �pF^f A7f>�Q PO Number # ARO Report To AROSP �O Date Received: 09106/2007 Collector: W FRAZIER > � Time Received: 16:00 Labworks LoginlD JSM Region: ARO� Sample Matrix: Wastewater �" Date Reported: 9/28/07 Loc. Type: Effluent Report Generated: 09/28/2007 Emergency Yes/No VisitlD COC Yes/No Loc. Descr.: BLACKBERRY RIDGE WWTP Location ID: NCO055611 Collect Date: 09/06/2007 Collect Time:: 11:40 Sample Depth Sample Qualifiers and Comments Routine Qualifiers For a more detailed description of these qualifier codes refer to www.dwqlab.org under Staff Access A -Value reported is the average of two or more determinations N3-Estimated concentration is < PQL and >MDL B1-Countable membranes with <20 colonies; Estimated t NE -No established PQL B2- Counts from all filters were zero. P-Elevated PQL due to matrix interference and/or sample dilution B3- Countable membranes with more than 60 or 80 colonies; Estimated Q1-Holding time exceeded prior to receipt at lab. B4-Filters have counts of both >60 or 80 and < 20; Estimated Q2- Holdingtime exceeded followin ,w ,,, by lab ..ipt y B5-Too many colonies were present; too numerous to count (TNTC) -- --- PQL- Practical Quantitation Limit-su ject"to":change duedo.instrurLm�n(„�ens„�t J2- Reported value failed to meet QC criteria for either precision or accuracy; Estimated U- Samples analyzed for this compciund but not deie'cted ` J3-The sample matrix interfered with the ability to make any accurate determination; Estimated X1- Sample not analyzed for this cojnpo 5 J6-The lab analysis was from an unpreserved or improperly chemically preserved sample; Estimated f ® NI -The component has been tentatively identified based on mass spectral library search and has an estimated value v i ARO Laboratory Section>> 1623 Mail Service Center, Raleigh, NC 27699-1623 (919) 733-3908 i �I JJ 0 CT - 2 2007 � I I WATER QUALITY SECTION J ASHEVILI_E REG!ONAL OF Page 1 of 2 v ArC DWQQ Laboratory Section 12esufts Sample ID A621525 Location ID: NCO055611 Collect Date: 09/06/2007 Loc. Descr.: ' BLACKBERRY RIDGE WWTP Collect Time:: 11:40 Visit ID CAS # Analyte Name PQL Result Qualifier Units Analyst/Date Approved By /Date Sample temperature at receipt by lab 1.0 wil I j I - „-- Method Reference 916/07 W7/07 BOD, 5-Day In liquid 2.0 2.4 mg/L JSMITH CGREEN Method Reference APHA5210B 9/7/07 9/18/07 Coltfortn, MF Fecal In liquid 1 84 CFU/100ml JSMITH CGREEN Method Reference APHA9222D-20th 9/6/07 9118/07 Residue —Suspended In liquid 6.2 13 mg/L JSMITH CGREEN Method Reference APHA2540D-20th 9/11/07 9/18/07 Ammonia by Electrode 0.1 0.36 mg/L JSMITH CGREEN Method Reference SM 20 ED 4500-NH 9/18/07 9/28/07 I Laboratory Section>> 1623 Mail Service Center, Raleigh, NC 27699-1623 (919) 733-3908 Page 2 of 2 I I COUNTY e RIVER BASIN: REPORT TO �j(�t'lQQ/( RegiOOce Other COLLECTOR(S) Estimated HOD Range: / D DIVISION OF WATER QUALITY Chemistry Laboratory Report/ Water Quality SAMPLE TY PRIOR AMBIENT QA STREAM m/cOMPLiANCE E CHAIN OF CUSTODY LAKE EMERGENCY VISIT ID ESTUARY � A Q��IY /l Station Location: r Seed: ✓ Chlorina I Remarks: e Station #/Location Code Date Beg (�/mm/dd) Date d (yy/ dd) Time Begin Time E d Depth - DM, DB, DBM /Dies 07�oq/b� l,•: Sf0 ll:�� tO"BOD310 mg/L COD High 340 mWL COD Low 335 mg/L Cofiform: MF Fecal 31616 1100.11 Coliform: MF Total 31504 /1 OOmI Coliform: tube Fecal 31615 /100ml Coliform: Fecal Strep 31673 /100m1 Residue: Total 500 I mg/L Volatile 505 WL Fixed 510 mg/L Residue: Suspended 530 WL Volatile 535 mg/L Fixed 540 mg/L pH 403 units Acidity to pH 4.5 436 I mg/L Acidity to pH 8.3 435 mg/L Alkalinity to pH 8.3 415 mg/L Alkalinity to pH 4.5 410 nWL TOC 680 mg/L Turbidity 76 NIU Coliform Total Tube /100 ml ' I Chloride 940 mg/L Chlorophyll a EPA 445.0 modified option ug/L Color. True 80 e.u. Color. (pH) 83 pH= C.U. Color. pH 7.6 82 C.U. Cyanide 720 mgtL Fluoride 951 mg/L Formaldehyde 71880 mg/L Crease and Oils 556 mg/L Hardness Total900 mg/L Specific Cond. 95 umhos/cm MBAS 38260 mg/L Phenols 32730 ug/L Sulfate 945 mg/L Sulfide 745 mg/L Boron Tannin & Lignin ug/L Hexavalent Chromium ug/L Bicarbonate mg(L Carbonate mg/L Total Dissolved Solids mg/L FP [34FFLUENT INFLUENT W6V%P Lab Number : A t3c71 V 5 Date Received: 9-E -b 7 Time Received: /600 Received By TM S Data Released Date Reported Value Type -A, H, L I Composite-T, S, B NH3 as N 610 mg/L TKN an N 625 mg/L NO2 plus NO3 as N 630 mg/L P: Total as P 665 mg/L PO4 as P 70507 mg/L P: Dissolved as P 666 mg/L K-Potassium mg/L Cd- Cadmium 1027 ug/L Cr-Chromium:Total 1024 ug/L Cu- Copper 1042 ug/L Ni-Nickel 1067 ug/L Pb- Lead 1051 ug/L Zn- Zinc 1092 ug/L V-Vanadium ug/L Ag- Silver 1077 I ug/L A]- Aluminum 1105 ug/l, Be- Beryllium 1012 ug/L Ca- Calcium 916 mg/L Co- Cobalt 1037 ug/L Fe- Iron 1045 ug(L Ma-Molybdatum ug/L Sb-Antimony ug/L Sn-Tin ug/L Tl-Thallium ug/L Ti-Titanium ug/L. Hg-1631 ng/L Li -Lithium 1132 ug/L Mg. Magnesium 927 mg/L Mn-Manganese 1055 ug/L Na- Sodium 929 mg/L Arsenic.Tom11002 ug/L So- Selenium 1147 ug/L Hg- Mercury 71900 ug/L Ba-Barium ug(L Organochlorine Pesticides Organophosphorus Pesticides Organonitrogen Pesticides Acid Herbicides Base/Neutral&Acid Extractable Organics TPH Diesel Range Forgeable Organics (VOA bottle req'd) TPH Gasoline Range TPH/BTEX Gasoline Range Phytoplanldon Temperature on arrival ("C): r W ATF �G �r Ms. Susan Glenn Blackberry Sewer System PO Box 1770 Blowing Rock NC 28605 Dear Ms. Glenn: wiiriam G. Ross Jr., ecM, North Carolina Department Iviron%e Nat alJE9ffastor ources . A n lime P ivi� �0 wyatereQualit'= Asheville Regional Office SURFACE WATER PROTECTION March 9, 2006 SUBJECT: February 16, 2006 Compliance Sampling Inspection Blackberry Sewer System Permit No: NCO055611 Caldwell County Enclosed please find a copy of the Compliance Sampling Inspection report from the inspection conducted on February 16, 2006. James R Reid and Starr Silvis of the Asheville Regional Office conducted the Compliance Sampling Inspection. The facility was found to be in Compliance with permit NCO055611, largely as a result of low flow and resultant settling time in the effluent contact tank. Situationally appropriate operational adjustments are suggested. Should the current state of operation continue and flows increase, effluent violations would be expected. The volume of flow was a trickle; consequently, the effluent contact tank was providing settling capacity for the stream from the package plant that was turbid and contained visible suspended solids. The turbid, solids laden flow from the package plant was attributable to excessive aeration and turbulence in the clarifier. In the aeration basin, the dissolved oxygen concentration was 14.8 mg/I; temperature was 2.8 degrees C; and settleable solids were 40 ml/liter. The aeration "on" cycle varied from 30 minutes "on" to 60 "on" throughout the day, clearly excessive for loading conditions. The sludge return rate was likewise judged to be excessively high. 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 Ext.4651. Sincerely, James R Reid Enclosure cc: Jadd Brewer, Water Quality Lab & Operations Cen ral_F-iJe_s No thCarolina � 2090 U.S. Highway 70, Swannanoa, NC 28778 Telephone: (828) 296-4500 Fax: (828) 299-7043 Customer Service 1 877 623-6748atrrrall1l Ll E� United States Environmental Protection Agency E/� Washington, D.C. 20460 PA Form Approved. OMB No. 2040-0057 Water Compliance Inspection Report Approval expires 8-31-98 Section A: National Data System Coding (i.e., PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 I tdI 2 15I 11 NC00`i5611 111 121 Cj61i02/16 117 181gI 19I SI 20III Remarks 211IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII IIIIIII6 Inspection Work Days Facility Self -Monitoring Evaluation Rating 131 QA ------ --------- —------- Reserved --------- —------- --- 67I 169 701 31 711 I 72I I 73 I _L_1 I 174 75I I I I I I I 180 I Section B: Facility Data Name and Location of Facility Inspected (For Industrial Users discharging to POTW, also include Entry Time/Date Permit Effective Date POTW name and NPDES permit Number) Blackberry Sewer System 11:35 AM 06/02/ 16 05/11/01 Blackberry Reg Exit Time/Date Permit Expiration Date Blowing Rock NC 28605 12:30 -PH 06/02/16 08/10/31 Name(s) of Onsite Representative (s)/Titles(s)/Phone and Fax Number(s) Other Facility Data Name, Address of Responsible Official/Title/Phone and Fax Number Contacted Susan Glen:i,PO Box 1770 Blowing Rock SIC 28505//704-295-9861/ No Section C: Areas Evaluated During Inspection (Check only those areas evaluated) Permit 0 Flow Measurement 0 Operations & Maintenance E Records/Reports Facility Site Review 0 Effluent/Receiving Waters Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s) and Sig ature(s) of Inspector(s) Agency/Office/Phone and Fax Numbers Date c Janes R Rei ' A R 8L �, �-�.,t�G�l. , �� �>rn/, Q-..g6-4o0 sx_t:.451/ U Carr Silvis ARO WQ//828-2 6-4500/ Signature of anagement Q A Reviewer Agency/Office/Phone and Fax Numbers Date EPA Form 3560-3 (Rev 9-94) Previous edit& are obsolete. Page # 1 of 0 NPDES yr/mo/day Inspection Type 11 12 NCvQj c'_1 I I 05; 02!1G 117 18I `' Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) Trickle flow from discharge pipe. Effluent from package plant was somewhat turbid & solids laden as a result of overaeration; small volume of flow was allowing settling in the effluent contact chamber. Aeration cycles varied throughout the day from 30 minutes "on" to 1 hr "on". Dissolved oxygen in the aeration basin was 14.8 mg/I; 20 min settleable solids were 40 ml/l with brown turbid supernant; aeration basin temp was 2.8 degrees C. Sludge return was "wide open". Page # 2 Permit: NCO055611 Owner - Facility: Blackberry Sewer System Inspection Date: 02/16/2006 Inspection Type: Compliance Sampling Operations & Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? ■ ❑ ❑ ❑ Does the facility analyze process control parameters, for ex: MLSS, MCRT, Settleable Solids, pH, DO, Sludge n ❑ ❑ ■ Judge, and other that are applicable? Comment:. Aeration Basin Dissolved Oxygen was 14.8 mg/I; 20 minute settleable solids 40 ml/liter. Permit (If the present permit expires in 6 months or less). Has the permittee submitted a new application? Is the facility as described in the permit? # Are there any special conditions for the permit? Is access to the plant site restricted to the general public? Is the inspector granted access to all areas for inspection? Comment: Page # 3 DIVISION OF WATER QUALITY Chemistry Laboratory Report / Water Quality ❑ SAMPLE'TYPE ab Number [Date ,'tt ice::=a- COUNTY G� PRIORITI' Receivedi BASIN: l 13 ❑ AMBIENT Q A ❑ STREAM EFFLUENT me Received:RIVER eceived By REPOR"TTORegional Office V71 COMPLIANCE l❑� ❑ CHAIN OFCUSTODY LA ICE ❑ INFLUENT Other /1, - /y COLI.EC'I'OR(S) !\ 1 EMERGENCY VISITED (--� ❑ ESTUARI' Data Released �/L t �j : Y l l_J 1� Date Reported: .' •. f Estimated BOD Range: � Station Location: l � ++ Seed: Chlorinated: _I i Remarks: Station ti J Uate Be 5n (yyht iddd) Date End (yyhumvddd) Time Begin Time End Depth - 01%1, DB, DBM Vatic Typc - A, 11, L Composite=l', 5, 1 Sample Type BOD 310 4' Ing"I. COD Ilia 340 mg/L COD Low 335 mg/L X Colifonn: MF Fecal 31616 r' -; /1001111 Colifornt: Nil: Total 31504 /IOOnd Colifonu: tube Fecal 31615 /IOOnd Culiform: Fecal Suep 31673 /1OOnd Residue: Total 500 111gR_ Volatile 505 ntg/L Fixed 510 mgtL Residue: Suspended 530 ` 9 mg/L Volatile 535 mg/1_ Fixed 540 mg1L pH 403 units Acidity to till 4.5 436 utg/L Acidity to pH 8.3 435 nrg/L Alkalinity to pit 8.3 415 ntg/L Alkalinity to pH 4.5 410 ntw'1_ TOC 680 mg/L Turbidity 76 NTU Colifonn Total Tube "/100 mh COMMENTS: Chloride 940 mg/l. Chl a: 7'd 32217 ug/L Chl a: Corr 32209 ug/L Pheophytin a 32213 ug/L CUlor: True 80 C.U. Color: (PH ) 83 pH= C.U. Color: till 7.6 82 C.U. Cyanide 720 mg/L Fluoride 951 mg/L Formaldehyde 71880 mg/L Grease and Oils 556 ntg/L Hardness Total900 mg/I. Specific Cond. 95 untlms/cot MBAS 38260 m_WL Phenols 32730 ttg/L Sulfate 945 myL Sultide 745 uig/L Bormt 'I'anuin & Lignin ug/L Ilesavalcut Chromium ug/I. Bicarbonate m /y I_ Carbonate ugrL Total Dissolved Solids ntg/L N113 as N 610 mg/L TKN an N 625 mg/L NO2 plus NO3 as N 630 mg/L P: 'Total as P 665 tng/L PO4 as P 70507 mg/L P: Dissolved as P 666 mg/L K-Potassium mg/L Cd- Cadmium 1027 ug/L Cr-Ch i omiunrl"otal 1034 u WL Cu- Copper 1042 ug/L Ni-Nickel 1067 uyL Pb- Lead 1051 ug/L Zn- Zinc 1092 ug/L V-Vanadium ug/L Ag- Silver 1077 ugrL Al- Aluminum 1105 ug/L Be- Beryllium 1012 ug/L Ca- Calcium 916 tng/L Co- Cobalt 1037 ug/L Fe- Iron 1045 ug/L Mo-Molybdenum ugrL Sb-Amimonv ug/L Sn= Tin ug/L TI-Thallium ug/L Ti-Tilanium ug/L I Ig-1631 ng/L l� Dissolved Oxygen Percent Saturation Page 2 of 2 40 0 or over 125% are considered to be poor. R . L6vO gen saturm,pn Chi [Menu: Introduction -Equipment] [Required Tests: General Observations - Temoerature -nH - Dissolved Oxygen - Macroinvertebrates] [Optional Tests: Nitrates - Phosphates -. Biological Ogen Demand, -Turbidity- Coliform_Bacteria] Copyright © 2006 Stevens Institute of Technology. Center for Innovation in Engineering and Science Education CI( ESE} All Rights Reserved Print... http://www.ciese.org/curriculum/dipproj2/en/fieldbook/saturation.shtml 3/9/2006 E C, plete items 1, 2, and 3. Also complete A. Si t .19 if Restricted Delivery is desired. gg ' p ure ■ , �,� ,j � �EOI A, �nl your name and address on the reverse c Name) C. D t of ■ North Carolina Department MA, ent of Environment and Natural Resources different from item 1 ? ❑ Ye Division of Water Quality ery address below: lil<( Surface Water Protection Section I'NCDENR 2090 U.S. Highway 70, Swannanoa, NC 28778 Ms. Susan Glenn Blackberry Sewer System P I . XSI', re Type ,,.0. Box 1770 l5e ce rtified tified Mail ELI] Mail l,'B.lowing Rock, North Carolina 286( ! , I ,❑,Express )5 0 handisE gistered Return Receipt El Insured M�A C.O.D. 4. Restricted Delivery? (Extra Fee) es 7 0 0 7,.: 1.49.0 13 0 0 4 0,713 924pi : - fl: I i-N I R Pnrm.qAl I r:.F ... — qnnA ------ ------- �F- UNITED STATES POSF'XVIS irstUass Maii wPq�,& ta,'..� IF �s, ?6l cif • Sender:'Please print yoorname, address, and ZIP+4 in this box • W COMPLETE•N COMPLETE MIS SECTIONON DELIVERY ■ Co I to items 1, 2, and 3. Also complete iA.`& ture i 4 if Restricted Delivery is desired. X ❑ Agent ■ F. your name and address on the reverse v ❑ Addressee so that %e can return the card to you. B'Received by (Printe Name) G. Date of Deliver} ■ Atf—h thio —A +- 4— k,,L, ,++h......,il..l..._� - North Carolina Department of LTA . MA Environment and Natural Resources ass different fro ifem 1?. D.Yes`\ _ Division of Water Quality livery addEes elow: No Surface Water Protection Section NCDENR 2090 U.S. Highway 70, Swannanpa, NQ./28778 SUSAN GLENN s° PAST OFFICE BOX 1770 ZCe e Type "BLOWING ROCK NC 28605-1770 rtifiedMail ❑ press Mall' egistered Return Receipt for Merc an Ise �iililliiliilli IIn rililiiirlllr�illirillli�ili��Illiiiliiill ❑Insured Mail C.O.D. i Restricted Delivery? (Extf'a Fee)' -7007 14913- 0004 t713 8342 = rnV, aU 16 - 0'U 0 2l ?4 Fnrm 3R11 _ Fahri iary 9nnd n--fln Ratnrn P-IA t in9�OS_ 9_�l_16d UNITED STAT SERN -z; "'5's '6nder: I e a s e/ irst7 las M p ait, -Poste , USP ........... I , ur na,M address, and ZIP+4 ifilhis box • ANET CANTWELL CDENR-DWQ-SWP 2090 U.S. HIGHWAY 70 SWANNANOA NC 28778 ZENDER: COMPLETE THIS SECTION ■ Complete items 1, 2, and 3. Also complete A. Sig�ture t ite&f Restricted Delivery Is desired. ■ PrimWour name and address on the reverse - Rn ■ North Carolinapepartment of Nam c Environment and Natural Resources' `� C 1 Division of Water Quality iiffere r�m iterpi C Surface Water Protection Sectionrye i s,bell NCDGNR 2090 U.S. Highway 70, Swannap�a, NC 28778 \/J� ,66 \l c C SUSAN GLENN BLACKBERRY SEWER SYSTEM; POST OFFICE BOX 1770 BLOWING ROCK NC 28605 IVY -0 J�`co ' Agent ebt for Merchandise ❑ Insured ail - n4b.O.D. 4. Restricted,peli qrl(Extra Fee) ❑ 7010 1670 0'00'3' "06114 6543' ` U��-�=`(� �DO� r------- nnnn n...:.. -;- 0-+—., Qo..o!.,t if19F9F-fl9-M.irdi UNITED Sender: PIJO:� y, d_d--e -and ZIP+4 in this box ,%ur rfafne,,-9._, 3 ET CANTWELL =-NRrbWQ-SWP I.S. HIGHWAY 70 4.ANOA NC 28778 A- - llId'' fu11d,1,1. 1 hif il ■ Co ete items 1, 2, and 3. Also complete Si re I-te y f Restricted Delivery Is desired. %iqp ■ Prin your name and address on the reverse X so that we can return the card to you. B. R ived by (Pn ti North Carolina Department 9WIj Environment and Natural Resource§c: Division of Water Quali NCDENR ,Surface -Water Protectioq Secti' t2090 U.S"Highway 70,:Swannanoa, Nf£ j2$97 , SUSAN GLENN- `. BLACKBERRY SEWER=SYSTEM- Servi Type POS_ T OFFICE BOX �1.7_70, ;-\ Certi i P gs BLOWING'ROCK NC`28605�'`1 'eg dj/ Insuiree Rests ed D 7010 1870 '0003 0817 Name) �— . ,e o elive nt from Item 17 dress ow: ' v � i .. , .. I E.Pr* s°s Mail c-k..,--, onnA n-.tic Return Raraint t....,� .-�..{r::""e :.r•:'� "7 tin'• •1`3'•�ti, ... UNITED STATES • Sender: Please print your name, address, and ZIP+4 in this box • JANET CANTWELL NCDENR-DWQ-SWP 2090 U.S. HIGHWAY 70 SWANNANOA NC 28778 �• 1 ltrltllulrlttrilettllnitlrrintltlrrtllnrlllrinllrttlttell ■ lete items 1, 2, and 3. Also complete A. Sign ure it 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, B ".R iv n to North Carolina Department of � , • :'r I Environment and Natural Resources Division of Water Quality NCDENIt Water Quality Regional Operations Section 2090 U.S. Highway70annanoa, NC 28778 -L Susan Glenn Blackberry Sewer System Post Office Box 1770 Blowing. Rock, NC 28605 ❑ Agent ❑ Addressee C. Date of Deliver) from item 1? ❑ Yes ass below: ❑ No 3. Service Type Certified Mail® ❑ Priority Mail Express - Registered Return Receipt for MerchandisE ❑ Insured Mail Collect on Delivery 4. Restricted Delivery? (Extra Fee) ❑ 7012 1010 0002 1965 7529 v tioV. :�01 DS Form 3811. Julv 2013, ; i ; i . , : , Domestic Return Receipt . i�; UNITED STATES-`�?�? �L Fdi/IE " • Sender: Please print your name, address, and Pirst Class Mail Post�6 $f Fee USPS Permit e} r in tIA-VOX• JANET CANTWELL NCDENR-DWR-WQRO 2090 U.S. HIGHWAY 70 SWANNANOA NC 28778 ,III IdlIMMOlii;jih ■ C1ete items 1, 2, and 3. Also complete iten 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the bac ece or on the front if'space p mits. E( 1. Article Addressed to: A AUG .Susan Glenn Post Office Box 1770 nlity Blowing Rock, NC 28605 r; ,ille ❑ Agent ❑ Addre (Printed Name) Valgr JeUuMeRlivery add ss different from item 1? ❑ Yes If YES, enter d livery address below: ❑ No 1'8 2014 4ified-MaA11 ❑ Priority Mail Express'" Registered Return Receipt for Merchandise ❑ Insured Mail Collect on Delivery 4. Restricted Delivery? (Extra Fee) 11 Yes 7012 1010 0002 1965 7635 �i M1I-'�-UlLl- DDl� PS Fnrm.'1811 _..inly 9ni i , • .: 'n— -,,m Ftoinrn R... im UNITED STD,TES'ORU4\/1C`""' First -Class Mail Postage & Fels, d USPS Permit No. G-10 • Sender: Please print your name, address, and ZIP+4® in this box• JANET CANTWELL NCDENR-DWR-WQRO 2090 U.S. HIGHWAY 70 SWANNANOA NC 28778 J "!I Iff��'t'iIf'f'f►1'1'f�f 3�!'f?'l�JI!?�!1!1'!!fl!'i=�!I'!'fti!! 4L. AMA - NCDENR North Carolina Department of Environment and Natural Resources Donald R. van der Vaart Secretary Certified Mail # 7014 0510 0000 4466 5931 Return Receipt Requested June 08, 2015 Susan Glenn Susan Glenn PO Box 1770 Blowing Rock, NC 28605 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 Permit No. NCO055611 Susan Glenn Blackberry Sewer System Case No. W-2015-0020 Caldwell County Dear. Permittee: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $278.26 ($119.00 civil penalty +-$159.26 enforcement costs) against Susan Glenn. This assessment is based upon the following .facts: a review has been conducted of the discharge monitoring report (DMR) submitted by Susan Glenn for the month of December 2014. This review has shown the subject facility to be in violation of the discharge limitations and/or monitoring requirements found in NPDES Permit No. NCO055611. The violations, which occurred in December 2014, are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that Susan Glenn violated the terms, conditions or requirements of NPDES Permit No. NCO055611 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 Environment. and Natural Resources and the Director of the Division of Water Resources, I, G. Landon Davidson, Regional Supervisor, Asheville Regional Office hereby make the following civil penalty assessment against Susan Glenn: 2090 U.S. 70 .Highway. Swaimanoa, NC 28778 Phone: 828-296-4500 \ Intemet: www.nedenngov <bt1p://w1vw.ncdenr.gov> An F.,nual Oppominity',. Aitirntative Action Employer -Made in part by recycled paper $75.00 $44.00 for 1 of the 1 failures to properly Inonitor TOTAL N - Cone in violation of NC0055611. for I of the 1 failures to properly monitor TOTAL P - Cone in violation of NC0055611. $119.00 TOTAL CIVIL PENALTY 159.26 Enforcement Costs $278.26 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. 14313-282. 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 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 NPDES Compliance/Enforcement Unit Division of Water Resources 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Submit a written request for remission or mitigation including a detailed justification for such 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. 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 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: NPDES Compliance/Enforcement Unit Division of Water Resources 1617 Mail Service Center Raleigh, North Carolina 27699-1617 3 Option 3: File a petition for an administrative hearing with the Office of Administrative Heart If you wish to contest any statement in the attached assessment document you must fil administrative hearing. You may obtain the petition form from the Office of Administrative Hea the petition with the Office of Administrative Hearings within, thirty (30) days of receipt of this considered filed when it is received in the Office of Administrative Hearings during normal office 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 DENR as follows: Mr. Sam M. Hayes, 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 (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. 4 ons, please contact Janet Cantwell with the Division of Water Resources staff of the Asheville 296-4667 or via email atjanei.cantwell@nddenr.gov. Sincerely, ✓'c�'`�� for S. Jay Zimmerman, P.G. Director, Division of_Water Resources, NCDENR By G. Landon Davidson, Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDENR ATTACHMENTS Cc:Ii4Sn4shevnlle]Regiona rice - Enfor-cement (w/attachments) NPDES Compliance/Enforcement Unit - Enforcement File (w/attachments) Central Files, Water Quality Section (w/attachments) k, JUSTIFICATION FOR REMISSION REQUEST Case Number: MV-2015-0020 County: Caldwell Assessed Party: Susan Glenn Permit No.: NC0055611 Amount Assessed: $278.26 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 dilly when one or more of the following five factors 'appfy. 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 (Le., 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: NORTH CAROLINA OF CALD WELL DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND STIPULATION OF FACTS Susan Glenn ) Blackberry Sewer System ) PERMIT NO. NCO055611 ) CASE NO. MV-2015-0020 Having been assessed civil penalties totaling $278.26 for violation(s) as set forth in the assessment document of the Division of Water Resources dated June 08, 2015, 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 they 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 . 20 SIGNATURE ADDRESS TELEPHONE ATTACHMENT A Susan Glenn CASE NUMBER: MV-2015-0020 PERMIT: NCO065611 FACILITY: Blackberry Sewer System COUNTY: Caldwell REGION: Asheville. Monitoring Violations MONITORING OUTFALL / VIOLATION UNIT OF CALCULATED % OVER PENALTY REPORT PPI LOCATION PARAMETER DATE FREQUENCY MEASURE . LIMIT VALUE LIMIT VIOLATION TYPE $75.00 12-2014 001 Effluent TOTAL N - Conc 12/31/14 Quarterly mg/I Frequency Violation $44.00 12-2014 001 Effluent . TOTAL P - Conc 12/31/14 Quarterly mg/I Frequency Violation aUU11Ly. DIVISION OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT (FILE) Blackberry Sewer System/ NC0055611 (December 2014 DMR) Caldwell Case Number: MV-2015-0020 8 ASSESSMENT FACTORS As required by G.S. 143-214.6A(c), in determining the amount of the penalty I considered the factors 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 the public health, or to private property resulting from the violation; Potential violations may not be revealed with "Failure to Monitor." 2) The duration and gravity of the violation; Total Nitrogen and Total Phosphorus were not monitored quarterly per the requirements of the NPDES permit. 3) The effect on ground or surface water quantity or quality or on air quality; 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 would include the cost of the collection of the 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 has been one civil penalty enforcement in the twelve months prior to this violation. 8) The cost to the State of the enforcement procedures. $159.26. Date 06/08/2015 G. Landon Davidson, Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office, NCDENR 11 EFFLUENT (P i& I DISCHARGE NO. 001 MONTH December YEAR 2014 y Ridge CLASS II COUNTY Caldwell E (ORC) ,Brandon Huges GRADE II PHONE (828) 898-6277 Quality Lab & Operations, Inc. :V PERSON(S) COLLECTING SAMPLES Brandon Hughes (SIGNATURE OF OPERATOR IN RESPONSIBLE CHARGE) (DATE) v,,,')B, H S-SIGNATURE, I CERTIFY THAT THIS REPORT IS - . E -CURATE AND COMPLETE TO THE REST nR MY KNnwl Fnr_F '60050 00010 0040 G 60 5_'f00310 00610 00530 31616 00300 00600 00665 00076 00095 00556 0 FLOW . v 0 C A R EFF [xi T' o' C P 0 ER E C INF [I M R C A N S U F O D N H T N R R R D C E H I S E L 1 O 1 0 U D O G D I A A o A P E I EL S L M T MR T S O OP 1 CF S X S T R S P R B U I R A Tv T N L R S Ph t o BOD 0 L A Y C L E T E A Y D R 20 C 0 T E I O LR 0 O H I T A RL S TU U I NG A.ND LG E G O D R U S AN I L D M V E R I 1 S T R LE AE ES EN N U T V 8�E TIME TIME E R A E N D D S Y I 2400 ON • E GEOMETRIC Y SITE MEAN Total Total HRS HRS Y/N MGD C UNIT UG/L MG/L MG/L MG/L cfu/100ML MG/L MG/L MG/L NTU umhos/cm MG/L 1 1007 0.25 Y 9 2 1008 0.25 Y 8 5.6 < 0.20 14 8 3 942 0.25 Y 9 4 1010 0.25 Y 1 10 <15 5 859 0.50 -Y 0.00011 10 6.8 <15 6.3 6 7 8 943 0.25 Y 9 9 1049 0.50 Y 8 < 2.0 < 0.20 < 5 100 10 937 0.25 Y 7 11 950 0.25 Y 7 <15 12 1017 0.50 Y 0.00101 6 6.7 <15 6.5 13 14 15 947 0.25 Y 7 16 1019 0.50 Y 8 3.51 < 0.20 8 < 1 17 1054 0.25 Y 8 18 935 0.50 B 0.0001 9 7.0 <15 6.2 19 938 0.50 B 9 <15 20 21 22 946 0.50 B 8 <15 6.2 0.67 14 < 1 23 1011 0-1501 B 0.00011 9 6.9 <15 6.2 24 HOLIDAY 25 HOLIDAY 26 HOLIDAY 27 28 29 1053 0.25 B 9 30 943 0.50 B 9 4.9 < 0.20 14 < 1 31 840 0.25 B 8 1 <15 AVERAGE 0.00031 8 <15 4.4 0.29 11 4 6.3 # MAXIMUM 0.0010 10 7.0 <15 6.2 0.67 14 100 6.5 0.00 0.00 MINIMUM 0.0001 6 6.7 <15 2.0 0.20 5 1 6.2 0.00 0.00 COMP. C/ GRAB G G G G G G G G G G G MONTHLY LIMIT 0.003 6-9 28 30.45 11.1 . W) 30 -45 200 - 400 >6 Facility Status: (Please check one of the following) All monitoring data and sampling frequencies meet permit requirements All monitoring data and sampling frequencies do NOT meet permit requirements If the facility is noncompliant, please comment on corrective actions being taken in respect to equipment, operation, maintenance, etc., and for improvements to be made. ` = All QC not met. I do not feel that the data was effected. @ = Blank used too much D.O. ^ = GGA failed "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 persons 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." Jadd Brewer Permittee ( Pleas Print o Type) (Signature of (Date) PO Box 1770, Blowing Rock, NC, 28605 98.265-9861 10/31/2003 Permittee Address Phone Number Permit Exp. Date PARAMETER CODES 00010 Temperature 00556 Oil and Grease 00950 Dissolved Flouride 01077 Silver 39516 PCPS 00065 Steam Stage 00600 Total Nitrogen 01002 Total Arsenic 01087 Total Vanadium 39941 Roundup 00076 Turbidity 00610 Ammonia Nitrogen 01027 Cadmium 01092 Zinc 50047 Maximum Flow during 24-hr. period 00300 Dissolved Oxygen 00625 Total Kjeldahl Nitrogen 01032 Hexavalent Chromium 01105 Total Aluminum 50084 Minimum flow during 24-hr. period 00310 BOD 00665 Total Phosphorous 01034 Chromium 01147 Total selenium 50050 Flow 00340 COD 00720 Cyanide 01037 Total Cobalt 31504 Total Coliform 50060 Total Residual Chlorine 00400 pH 00745 Total Sulfide 01042 Copper 31614 Fecal Coliform, MPN, Tube 71880 Formaldehyde 00500 Total Solids 00927 Total Magnesium 01045 Total Iron 31616 Fecal Coliform 71900 Mercury 00530 TSS 00929 Total Sodium 01051 Lead 32730 Total Phenolics 81318 Ferrocyanides 00545 Settleable Solids 00940 Total Chloride 01067 Nickle 38260 MBAS 86652 Time The monthly average for fecal coliform is to be reported as a GEOMETRIC mean. Use only units designated in the reporting facility's permit for reporting data. ` ORC must visit facility and document visitation of facility as requires per 15A NCAC 8A .0202 (b) (5) (B). " If Signed by other than the permittee, delegation of signatory authority must be on file with the state per 15A NCAC 2B .0506 (b) (2) (D). Permit Enforcement History Details by Owner (F� 6/8 Owner: Susan Glenn Facility : Blackberry Sewer System Permit: NCO055611 Region : Asheville Penalty Assessment Case MR Approved PP Number County : Caldwell Penalty Enforcement Amount Costs Damages Remission Request Received Enf Conf Held Enf Remission Amount EMC Hearing Held EMC OAH Remission Remission Amount Amount Collection MemoSent To AGO Total Paid Balance Due Has Pmt Plan Case Closed LR-1992-0022 5/26/92 $500.00 $0.00 $0.00 $266.67 $0.00 No 5/28196 LR-1992-0037 6/22/92 $1,000.00 $0.00 $0.00 $533.33 $0.00 No 5/28/96 LR-1992-0060 9/30/92 $2,000.00 $0.00 $0.00 10/30/92 2/2/94 $0 4/14194 $0.00 $1,066.67 $0.00 No 5/28/96 LR-1992-0070 11/6/92 $4,000.00 $0.00 $0.00 12/5/92 8/3/94 $0 $0.00 $2,133.33 $0.00 No 5/28/96 LRA992-0082 11/30/92 $8,000.00 $0.00 $0.00 $8,000.00 No 5/28/96 LV-2002-0158 1-2002 5/17/02 $250.00 $79.46 $329.46 $0.00 No 717/05 RV-2005-0001 3/9/05 $500.00 $500.00 $0.00 No 7/7/05 RV-2008-0001 6/26/08 $860.00 $26.26 $886.26 $0.00 No 8/6/08 LR-2008-0024 4-2008 11/12/08 $500.00 $100.00 $0.00 3/31/09 $600.00 No MV-2009-0004 12-2008 4/3/09 $200.00 $65.00 6/15109 $265.00 No MV-2009-0064 9-2008 4/3/09 $200.00 $65.00 6115/09 $265.00 No LR-2009-0010 6-2009 8/26/09 $500.00 $100.00 $0.00 12/28/09 $600.00 No MV-2010-0002 6-2009 218/10 $1,900.00 $67.00 7/12110 $1,967.00 No MV-2011-0021 9-2010 5/3/11 $119.00 $67.00 10/10/11 $186.00 No MV-2011-0022 10-2010 5/5/11 $388.00 $67.00 10/10/11 $455.00 No LR-2012-0007 1-2012 7/19/12 $500.00 $100.0a 12/18/12 $600.00 No MV-2013-0008 12-2012 5/23/13 $119.00 $137.00 11/6/13 6/8/2015 2 $256.00 No MV-2014-0012 12-2013 8/1/14 $119.00 $147.50 $266.50 $0.00 No 8/20/14 Total Cases: 17 Total Penalty Amount: $21,655 Total Enforcement Cost: $1021.22 Sum Of Total Paid: $5,982.22 Total Balance Due: $13,194.00 Sum of Total Case Penalties: $22,676.22 Total Penalties After Remissions: $19,176.22 NCDENR FV North Carolina Department of Environment and Natural Resources Pat McCrory Governor Certified Mail # 7014 0510 0000 4466 5931 Return Receipt Requested June 08, 2015 Susan Glenn Susan Glenn PO Box 1770 Blowing Rock, NC 28605 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 Permit No. NCO055611 Susan Glenn Blackberry Sewer System Case No. MV-2015-0020 Caldwell County Dear Permittee: Donald R. van der Vaart Secretary This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $278.26 ($119.00 civil penalty + $159.26 enforcement costs) against Susan Glenn. This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report (DMR) submitted by Susan Glenn for the month of December 2014. This review has shown the subject facility to be in violation of the discharge limitations and/or monitoring requirements. found in NPDES Permit No. NC0055611. The . violations, which occurred in December 2014, are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that Susan Glenn violated the terms, conditions or requirements of NPDES Permit No. NCO055611 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 Environment and Natural Resources and the Director of the Division of Water Resources, I, G. Landon Davidson, Regional Supervisor, Asheville Regional Office hereby make the following civil penalty assessment against Susan Glenn: 2090 U.S. 70 Highway. Swannanoa, NC 28778 Phone: 828-296-4ti00 1 Internet: www.ncdcnr.gov <http://vvww.ncdenr.,ov> An Equal Opportunity \ Affirmative Action Employer - Made in part by recycled paper $75.00 $44.00 for 1 of the 1 failures to properly monitor TOTAL N - Conc in violation of NPDES NC0055611. for 1 of the 1 failures to properly monitor TOTAL P - Conc in violation of NPDES NC0055611. $119.00 TOTAL CIVIL PENALTY $159.26 Enforcement Costs $278.26 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 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: NPDES Compliance/Enforcement Unit Division of Water Resources 1617 Mail Service Center Raleigh, North Carolina 27699-1617 104 2: Submit a written request for remission or mitigation including a detailed justification for such request: 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. 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 14313-282.1(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 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: NPDES Compliance/Enforcement Unit Division of Water Resources 1617 Mail Service Center Raleigh, North Carolina 27699-1617 3 Option 3: File a petition for an administrative hearing with the Office of Administrative Hearings: If you wish to contest any statement in the attached assessment document you must file a petition for an administrative hearing. You may obtain the petition form from the Office of Administrative Hearings. You must file the petition with the Office of Administrative Hearings within thirty (30) 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 DENR as follows: Mr. Sam M. Hayes, 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 (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. 4 any questions, please contact Janet Cantwell with the Division of Water Resources staff of the Asheville ce at (828) 296-4667 or via email at janet.cantwell@ncdenr.gov. Sincerely, for S. Jay Zimmerman, P.G. Director, Division of Water Resources, NCDENR By G. Landon Davidson, Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDENR ATTACHMENTS Cc: WQS Asheville Regional Office - Enforcement File (w/attachments) NPDES Compliance/Enforcement Unit - Enforcement File (w/attachments) Central Files, Water Quality Section (w/attachments) r 5 JUSTIFICATION FOR REMISSION REQUEST Case Number: MV-2015-0020 County: Caldwell Assessed Party: Susan Glenn Permit No.: NC0055611 Amount Assessed: $278.26 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 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: FORTH CAROLINA a CALDWELL IN THE MATTER OF ASSESSMENT ) OF CIVIL PENALTIES AGAINST ) Susan Glenn ) Blackberry Sewer System ) PERMIT NO. NCO055611 ) DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES WAIVER OF RIGHT TO AN ADMINISTRATIVE HEARING AND STIPULATION OF FACTS CASE NO. MV-2015-0020 Having been assessed civil penalties totaling $278.26 for violation(s) as set forth in the assessment document of the Division of Water Resources dated June 08, 2015, 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 , 20 SIGNATURE ADDRESS TELEPHONE ATTACHMENT A Susan Glenn CASE NUMBER: MV-2015-0020 PERMIT: NCO055611 FACILITY: Blackberry Sewer System COUNTY: Caldwell REGION: Asheville Monitoring Violations MONITORING OUTFALL / VIOLATION UNIT OF CALCULATED % OVER PENALTY REPORT PPI LOCATION PARAMETER DATE FREQUENCY MEASURE LIMIT VALUE LIMIT VIOLATION TYPE $75.00 12-2014 001 Effluent TOTAL N - Conc 12/31/14 Quarterly mg/I Frequency Violation $44.00 12-2014 001 Effluent TOTAL P - Conc 12/31/14 Quarterly mg/1 Frequency Violation EFFLUENT No. NCO055611 DISCHARGE NO. 001 MONTH December YEAR 2014 Blackberry Ridge CLASS II COUNTY Caldwell IESPONSIBLE CHARGE (ORC) Brandon Huges GRADE II JRATORIES (1) Water Quality Lab & Operations, Inc. :)RC HAS CHANGED PERSON(S) COLLECTING SAMPLES iviau vivvu�n� anCl ONE COPY t0: `, ', ll ATTN: CENTRAL FILES %'' ;� ° x``':.,�_ y�•:. �� DIVISION OF WATER QUALITY `J (SIGNATURE OF OPERATOR IN RESPONSIBLE PHONE (828) 898-6277 Brandon Hughes 130282W (DATE) 1011 MAIL SERVICE CENTER ,, 'p O, BYTIJS-SIGNATURE, I CERTIFY THAT THIS REPORT IS RALEIGH, NC 27699-1617 ``,, _; ,o11'L1_1', ACCURATE AND COMPLETE TO THE BEST OF MY KNOWLEDGE D T E 0 A P R E R R I A T A O L R TIME 2400 0 P E R A T O R TIME ON SITE O R C 0 N s I E . '50050 00010 0040C 0,60 i 00310 00610 00530 31616 00300 00600 00665 00076 00095 00556 FLOW - a E; M c P E E L A II Us R E Ph R C E H s L l 0 DR U I LE BOD 20C A N M I T M R 00 N I E A N S U T S S O O P L T E I A N LDS E D C O F E L I C F L AO M GEOMETRIC MEAN D 1 S O X S Y OG L VN E D N 1 T R O G E N Total P H O S P H O R U S Total T U R B I D [ T Y C 0 N D U C T I V 1 T Y 0 G I R L E A S &E EFF [x] INF [] D A I Y R A T E HRS HRS YIN MGD C UNIT UGIL MGIL MGIL MG/L cfu/100ML MG/L MGIL MG/L NTU umhoslcm MGIL 1 1007 0.25 Y 9 2 1008 0.25 Y 8 5.6 < 0.20 14 8 3 942 0.25 Y 9 4 1010 0.25 Y 10 <15 5 859 0.50 Y 0.00011 10 6.81 <15 6.3 l 6 ® r 7 8 943 0.25 Y 9 9 1049 0.50 Y 8 < 2.0 < 0.20 < 5 100 10 937 0.25 Y 7 11 950 0.25 Y 7 <15 12 1017 0.50 Y 0.0010 6 6.71 <15 6.5 13 14 15 947 0.25 Y 7 16 1019 0.50 Y 8 3.5 < 0.20 8 < 1 17 1054 0.25 Y 8 18 935 0.50 B 0.0001 9 7.0 <15 6.2 19 938 0.50 B 9 <15 20 21 22 946 0.50 B 8 <15 6.2 0.67 14 < 1 23 1011 0.50 B 0.0001 9 6.9 <15 6.2 24 HOLIDAY 25 HOLIDAY 26 HOLIDAY 27 28 29 1053 0.25 B 9 30 943 0.501 B 9 4.9 < 0.20 14 < 1 31 840 0.25 B 8 <15 AVERAGE 0.00031 8 <15 4.4 0.29 11 4 6.3 ##!###E7O.00 MAXIMUM 0.0016 10 7.0 <15 6.2 0.67 14 100 6.5 0.00MINIMUM 0.0001 6 6.7 <15 2.0 0.20 5 1 6.2 0.0000MP. C I GRAB G G G G G G G G G G MONTHLY LIMIT 0.003 6.9 28 30 -45 11.1 - W) 30 -45 200 - 400 >6 974C.' 5�/Z9//�i� i17., _•fl'.,C.�_...., r,.,,✓_t _ / G /s�/.r 12..�_ 7.,��.-�rfn 9., Facility Status: (Please check one of the following) All monitoring data and sampling frequencies meet permit requirements C All monitoring data and sampling frequencies do NOT meet permit requirements C If the facility is noncompliant, please comment on corrective actions being taken in respect to equipment, operation, maintenance, etc., and a time table for improvements to be made. . = All QC not met. I do not feel that the data was effected. @ = Blank used too much D.O. A = GGA failed "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 persons 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. am aware that there are significant penalties for submitting false information, Including the possibility of fines and imprisonment for knowing violations." PO Box 1770, Blow Permittee Address Jadd Brewer Permittee (P (Signature of Phone Number (Date) Permit Exp. Date PARAMETER CODES 00010 Temperature 00556 Oil and Grease 00950 Dissolved Flounde 01077 Silver 39516 PCPS 00065 Steam Stage 00600 Total Nitrogen 01002 Total Arsenic 01087 Total Vanadium 39941 Roundup 00076 Turbidity 00610 Ammonia Nitrogen 01027 Cadmium 01092 Zinc 50047 Maximum Flow during 24-hr. period 00300 Dissolved Oxygen 00625 Total Kjeldahl Nitrogen 01032 Hexavalent Chromium 01105 Total Aluminum 50084 Minimum flow during 24-hr. period 00310 BOD 00665 Total Phosphorous 01034 Chromium 01147 Total selenium 50050 Flow 00340 COD 00720 Cyanide 01037 Total Cobalt 31504 Total Coliform 50060 Total Residual Chlorine 00400 pH 00745 Total Sulfide 01042 Copper 31614 Fecal Coliform,_MPN, Tube 71880 Formaldehyde 00500 Total Solids 00927 Total Magnesium 01045 Total Iron 31616 Fecal Coliform 71900 Mercury 00530 TSS 00929 Total Sodium 01051 Lead 32730 Total Phenolics 81318 Ferrocyanides 00545 Settleable Solids 00940 Total Chloride' 01067 Nickle 38260 MBAS 85652 Time The monthly average for fecal coliform is to be reported as a GEOMETRIC mean. Use only units designated in the reporting facility's permit for reporting data. ORC must visit facility and document visitation of facility as requires per 15A NCAC 8A .0202 (b) (5) (B). '" If Signed by other than the permittee, delegation of signatory authority must be on file with the state per 15A NCAC 213.0506 (b) (2) (D). Permit Enforcement History Details by Owner Owner: Susan Glenn Facility: Blackberry Sewer System Permit: NCO055611 6/8/201 E 1 Region : Asheville Case MR Number Penalty Assessment Approved PP County : Caldwell Penalty Enforcement Amount Costs Damages Remission Request Received Enf Conf Held Enf Remission Amount EMC Hearing Held EMC OAH Remission Remission Amount Amount Collection MemoSent To AGO Total Paid Balance Due Has Part Plan Case Closed LR-1992-0022 5/26/92 $500.00 $0.00 $0.00 $266.67 $0.00 No 5/28/96 LR-1992-0037 6/22/92 $1,000.00 $0.00 $0.00 $533.33 $0.00 No 5/28/96 LR-1992-0060 9/30/92 $2,000.00 $0.00 $0.00 10/30/92 2/2/94 $0 4/14/94 $0.00 $1,066.67 $0.00 No 5/28/96 LR-1992-0070 1116/92 $4,000.00 $0.00 $0.00 12/5/92 8/3/94 $0 $0.00 $2.133.33 $0.00 No 5/28/96 LR-1992-0082 11/30/92 $8,000.00 $0.00 $0.00 $8,000.00 No 5/28/96 LV-2002-0158 1-2002 5/17/02 $250.00 $79.46 $329.46 $0.00 No 7/7/05 RV-2005-0001 3/9/05 $500.00 $500.00 $0.00 No 7/7/05 RV-2008-0001 6/26/08 $860.00 $26.26 $886.26 $0.00 No 8/6/08 LR-2008-0024 4-2008 11/12/08 $500.00 $100.00 $0.00 3/31/09 $600.00 No MV-2009-0004 12-2008 4/3/09 $200.00 $65.00 6/15/09 $265.00 No MV-2009-0004 9-2008 4/3/09 $200.00 $65.00 6/15/09 $265.00 No LR-2009-0010 6-2009 8/26/09 $500.00 $100.00 $0.00 12/28/09 $600.00 No MV-2010-0002 6-2009 2/8/10 $1,900.00 $67.00 7/12110 $1.967.00 No MV-2011-0021 9-2010 513/11 $119.00 $67.00 10/10/11 $186.00 No MV-2011-0022 10-2010 515/11 $388.00 $67.00 10/10/11 $455.00 No LR-2012-0007 1-2012 7/19/12 $500.00 $100.00 12/18/12 $600.00 No MV-2013-0008 12-2012 5123/13 $119.00 $137.00 6/8/2015 2 11/6/13 $256.00 No MV-2014-0012 12-2013 8/1/14 $119.00 $147.50 $266.50 $0.00 No 8/20/14 Total Cases: 17 Total Penalty Amount: $21,655 Total Enforcement Cost: $1021.22 Sum Of Total Paid: $5,982.22 Total Balance Due : $13,194.00 Sum of Total Case Penalties: $22,676.22 Total Penalties After Remissions: $19,176.22 vwIawI. County: DIVISION OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT (FILE) Blackberry Sewer System/ NC0055611 (December 2014 ❑MR) Caldwell Case Number: MV-2015-0020 8 ASSESSMENT FACTORS As required by G.S. 143-214.6A(c), in determining the amount of the penalty I considered the factors 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 the public health, or to private property resulting from the violation; Potential violations may not be revealed with "Failure to Monitor." 2) The duration and gravity of the violation; Total Nitrogen and Total Phosphorus were not monitored quarterly per the requirements of the NPDES permit. 3) The effect on ground or surface water quantity or quality or on air quality; 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 would include the cost of the collection of the 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 has been one civil penalty enforcement in the twelve months prior to. this violation. 8) The cost to the State of the enforcement procedures. $159.26. Date G. Landon Davidson, Regional Supervisor Water Quality Regional Operations Section 06/08/2015 Asheville Regional Office, NCDENR 4*9 NCDENR L LjL E i Carolina Department of Environment and Natural Resources Donald R. van der Vaart Secretary April 30, 2015 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7014 0510 0000 4466 0616 Ms. Susan Glenn P.O. Box 1770 Blowing Rock, North Carolina 28605 Subject: Notice of Violation and Recommendation for Enforcement Tracking #: NOV-2015-W-0064 eA Blackberry Sewer System WWTP NPDES Permit No. NCO055611 Caldwell County Dear Ms. Glenn: A review of the December 2014 self -monitoring report for the subject facility revealed violations of the following, parameters: Date Outfall Parameter Frequency - Violation 12/31/2014 001 Total Nitrogen Quarterly Failure to Monitor 12/31/2014 001 Total Phosphorus Quarterly Failure to Monitor A Notice of Violation/ Notice of Recommendation for. Enforcement (NOV/ NRE) is being issued for the noted violation of North Carolina General Statute (G.S.) 143-215.1 and NPDES Permit No. NCO055611. 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) days after receipt of this Notice. A review of your response will be considered along with any information provided on the December 2014 Discharge Monitoring Report. 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. Water Quality Regional. Operations — Asheville Regional Office 2090 U.S. Highway 70, Swannanoa, North Carolina 28778 Phone: (828) 2964500 FAX: (828) 299-7043 Internet: http://poral.ncdenr.org/web/wq An Equal Opportunity/Affirmative Action Employer Ms. Susan Glenn April 3 0, 2015 Page Two Remedial actions, if not already implemented, should be taken to correct any problems. The DiVIM Water Resources may pursue enforcement actions for this and any additional violations. If the violations are 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. You may contact this office for additional information. If you have questions concerning this matter, please do not hesitate to contact Janet Cantwell or me at 828/296-4500. Sincerely, G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations, NCDENR Asheville Regional Office c uQ BvP'rl i+ es MSC 1617-Central Files- a ment WQ Enforcement/ NPDES Point Source Branch O , \'R`.ltiQ'�Caldscell�. \'asceM•aler�:hlinars.[3lnckbem Ridge 556111.NOV-NRG201S \M '-00o4 doc NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Donald R. van der Vaart Governor Secretary April 30, 2015 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7014 0510 0000 4466 0615 Ms. Susan Glenn P.O. Box 1770 Blowing Rock, North Carolina 28605 Subject: Notice of Violation and Recommendation for Enforcement Tracking #: NOV-2015-MV-0064 Blackberry Sewer System WWTP NPDES Permit No. NCO055611 Caldwell County Dear Ms. Glenn: A review of the December 2014 self -monitoring report for the subject facility revealed violations of the following parameters: Date Outfall Parameter Frequency Violation 12/31/2014 001 Total Nitrogen Quarterly Failure to Monitor 12/31/2014 001 Total Phosphorus Quarterly Failure to Monitor A Notice of Violation/ Notice of Recommendation for Enforcement (NOV/ NRE) is being issued for the noted violation of North Carolina General Statute (G.S.) 143-215.1 and NPDES Permit No. NCO055611. 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) days after receipt of this Notice. A review of your response will be considered along, with any information provided on the December 2014 Discharge Monitoring Report. 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. Water Quality Regional Operations — Asheville Regional Office 2090 U.S. Highway 70, Swannanoa, North Carolina 28778 Phone: (828) 2964500 FAX: (828) 299-7043 Internet: http://portal.ncdenr.org/weblwq An Equal Opportunity/ Affirmative Action Employer Ms. Susan Glenn April 30, 2015 Page Two Remedial actions, if not already implemented, should be taken to correct any problems. The Division of Water Resources may pursue enforcement actions for this and any additional violations. 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. You may contact this office for additional information. If you have questions concerning this matter, please do not hesitate to contact Janet Cantwell or me at 828/296-4500. Sincerely, G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations, NCDENR Asheville Regional Office cc: WQ Asheville Files MSC 1617-Central Files -Basement WQ Enforcement/ NPDES Point Source Branch G t�'RUVQ�C,aidwellF�'asiewaterA4inors,Black.bzr;gRidge 55E11'INOV-NRG^_015-MV-0064.doc Governor Aja NCDENR North Carolina Department of Environment and Natural Resources August 5, 2014 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7012 1010 0002 1965 7635 Ms. Susan Glenn P.O. Box 1770 Blowing Rock, North Carolina 28605 John E. Skvarla, III Secretary 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 Permit NCO055611 Susan Glenn Blackberry Sewer System WWTP Case No. MV-2014-0012 Caldwell County Dear Ms. Glenn: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $266.50 ($119.00 civil penalty + $147.50 enforcement costs) against Susan Glenn. This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report (DMR) submitted by Susan Glenn for the month of December 2013. This review has shown the subject facility to be in violation of the discharge limitations and/or monitoring requirements found in NPDES Permit NCO055611. The violations which occurred in December 2013 are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that Susan Glenn violated the terms, conditions or requirements of NPDES Permit NCO055611 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 Environment and Natural Resources and the Director of the Division of Water Resources, I, G. Landon Davidson, Division of Water Resources Regional Supervisor for the Asheville Region, hereby make the following civil penalty assessment against Susan Glenn: Water Quality Regional Operations — Asheville Regional Office 2090 U.S. Highway 70, Swannanoa, North Carolina 28778 Phone: (828) 296-4500 FAX: (828) 299-7043 Internet: http://portal.ncdenr.org/web/wq An Equal Opportunity/ Affirmative Action Employer DIVISION OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT (FILE) Violator: Susan Glenn / Blackberry Ridge WWTP / NCO055611 (Decemher201= DMR) County: Caldwell MM-3em ,I1 F ► LIPWAIIEISIIIIh? ASSESSMENT FACTORS As required by G.S. 143-214.6A(c), in determining the amount of the penalty I considered the factors 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 the public health, or to private property resulting from the violation; Failure to monitor may be detrimental to the receiving stream but may not be immediately quantified. 2) The duration and gravity of the violation; No permit- required Quarterly monitoring for Total Nitrogen and Total Phosphorus was done during the quarter for October through December 2013. 3) The effect on ground or surface water quantity or quality or on air quality; Failure to monitor may be detrimental to the receiving stream but may not be immediately quantified. 4) The cost of rectifying the damage; The cost is unknown. 5) The amount of money saved by noncompliance; The amount of money saved would include the cost of labor, sampling and lab testing for Total Nitrogen and Total Phosphorus. 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 assessments in the twelve months prior to this violation. 8) The cost to the State of the enforcement procedures. $147.50. Date G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations, NCDENR Asheville Regional Office 08/01 /2014 _ For 1 of 1 failure to properly monitor TOTAL N — Cone. in .00 violation of NPDES Permit No.N00055611. For 1 of 1 failure to properly monitor TOTAL P — Cone. in violation $44.00 of NPDES Permit No.N00055611. $119.00 TOTAL CIVIL PENALTY $147.50 Enforcement Costs $266.50 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 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: Point Source Compliance/ Enforcement Unit Division of Water Resources 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: 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. 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 14313-282.1(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: Point Source Compliance/ Enforcement Unit Division of Water Resources 1617 Mail Service Center Raleigh, North Carolina 27699-1617 3. File a petition for an administrative hearing with the Office of Administrative Hearings: If you wish to contest any statement in the attached assessment document you must file a petition for an administrative hearing. You may obtain the petition form from the Office of Administrative Hearings. You must file the petition with the Office of Administrative Hearings within thirty (30) Fdministrativef receipt of this notice. A petition is considered filed when it is received in the Office of 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 original and one (1) copy of the petition must be filed with the Office of Administrative Hearings. The petition may be faxed - provided the original and one copy of the document is received in the Office of Administrative Hearings within five (5) business days following the faxed transmission. The mailing address for the Office of Administrative Hearings is: Office of Administrative Hearings 6714 Mail Service Center Raleigh, North Carolina 27699-6714 Telephone (919) 733-2698 Facsimile: (919) 733-3478 and Mail or hand -deliver a copy of the petition to Mr. Lacy Presnell, 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 (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 of the Water Quality staff of the Asheville Regional Office at 828-296-4500. Sincerely, G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations, NCDENR Asheville Regional Office ATTACHMENTS cc: WQ Regional Supervisor w/ attachments MSC 1617-Central Files -Basement WQ Enforcement/ NPDES Point Source Branch WQ Lab & Operations/ ORC w/ attachments G`.ug;"(j'Cal ,ro11`.Wx;n:;aanr�.\ilrtorsBlackberryRidnc:.3611`.:\,9b_)1-0012due JUSTIFICATION FOR REMISSION REQUEST Number: MV-2014-0012 arty: Susan Glenn / Blackberry Ridge WWTP Permit No.: NC0055611 County: Caldwell Amount Assessed: $266.50 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 applies. 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: COUNTY OF CALDWELL IN THE MATTER OF ASSESSMENT OF CIVIL PENALTIES AGAINST SUSAN GLENN/ BLACKBERRY SEWER WWTP PERMIT NO. NCO055611 DEPARTMENT OF AND NATURAL WAIVER OF RIGHT TO AN ADMINSTRATIVE HEARING AND STIPULATION OF FACTS FILE NO. MV-2014-0012 Having been assessed civil penalties totaling $266.50 for violation(s) as set forth in the assessment document of the Division of Water Resources dated August 5, 2014, 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 Susan Glenn CASE NUMBER: MV-2014-0012 PERMIT: NCOOSS611 FACILITY: Blackberry Sewer System COUNTY: Caldwell REGION: Asheville Monitoring Violations MONITORING OUTFALL / VIOLATION UNIT OF CALCULATED % OVER PENALTY REPORT PPI LOCATION PARAMETER DATE FREQUENCY MEASURE LIMIT VALUE LIMIT VIOLATION TYPE $75.00 12-2013 001 Effluent TOTAL N - Conc 12/31/13 Quarterly mg/I Frequency Violation $44.00 12-2013 001 Effluent TOTAL P - Conc 12/31/13 Quarterly mg/I Frequency Violation Permit Enforcement History Details by Owner Owner: Susan Glenn Facility : Blackberry Sewer System Permit: NCO055611 8/1/2014 1 Region : Asheville Penalty Assessment Case MR Approved PP Number County : Caldwell Penalty Enforcement Amount Costs Damages Remission Request Received Enf Conf Held Enf Remission Amount EMC Hearing Held EMC OAH Remission Remission Amount Amount Collection MemoSent To AGO Total Paid Balance Due Has Pmt Plan Case Closed LR-1992-0022 5/26/92 $500.00 $0.00 $0.00 $266.67 $0.00 No 5/28/96 LR-1992-0037 6/22/92 $1,000.00 $0.00 $0.00 $533.33 $0.00 No 5/28/96 LR-1992-0060 9/30/92 $2,000.00 $0.00 $0.00 10/30/92 2/2/94 $0 4/14/94 $0.00 $1,066.67 $0.00 No 5/28/96 LR-1992-0070 11/6/92 $4,000.00 $0.00 $0.00 12/5/92 8/3/94 $0 $0.00 $2,133.33 $0.00 No 5/28/96 LR-1992-0082 11/30/92 $8,000.00 $0.00 $0.00 $8,000.00 No 5128/96 LV-2002-0158 1-2002 5/17/02 $250.00 $79.46 $329.46 $0.00 No 7/7/05 RV-2005-0001 3/9/05 $500.00 $500.00 $0.00 No 7/7/05 RV-2008-0001 6/26/08 $860.00 $26.26 $886.26 $0.00 No 8/6/08 LR-2008-0024 4-2008 11/12/08 $500.00 $100.00 $0.00 3/31/09 $600.00 No MV-2009-0004 12-2008 4/3/09 $200.00 $65.00 6/15/09 $265.00 No MV-2009-0004 9-2008 4/3/09 $200.00 $65.00 6/15/09 $265.00 No LR-2009-0010 6-2009 8/26/09 $500.00 $100.00 $0.00 12/28/09 $600.00 No MV-2010-0002 6-2009 2/8/10 $1,900.00 $67.00 7/12/10 $1,967.00 No MV-2011-0021 9-2010 5/3/11 $119.00 $67.00 10/10/11 $186.00 No MV-2011-0022 10-2010 5/5/11 $388.00 $67.00 10/10/11 $455.00 No LR-2012-0007 1-2012 7/19/12 $500.00 $100.00 12/18/12 $600.00 No 8/1 /2014 MV-2013-0008 12-2012 5/23/13 $119.00 $137.00 11/6/13 $256.00 No Total Cases: 16 Total Penalty Amount: $21,536 Total Enforcement Cost: $873.72 Sum Of Total Paid: $5,715.72 Total Balance Due : $13,194.00 Sum of Total Case Penalties: $22.409.72 Total Penalties After Remissions: $18,909.72 EFFLUENT RMIT No. NCO055611 DISCHARGE NO. 001 MONTH DECEMBER YEAR 2013 F AME Blackberry Ridge CLASS II COUNTY Caldwell IN RESPONSIBLE CHARGE (ORC) Brandon Huges G .DE`: II PHONE (828) 898-6277 CERTIFIED LABORATORIES (1) Water Quality Lab & Operations, Inc. CHECK BOX IF ORC HAS CHANGED [ ] PERSON(S) COLLECT[NC SAMPLES Brandon Hughes Mail ORIGINAL and ONE COPY to: ?`'.`•" ATTN: CENTRAL FILES DIVISION OF WATER QUALITY `11 )) �y..� (SIGNATURE OF OPERATOR IN RESPOI S'iIBLE`CHARGE) (DATE) 1617 MAIL SERVICE CENTER > �, BY THIS SIGNATURE,„CERI IFY�THAT THIS REPORT IS RALEIGH, NC 27699-1617 ACCURATE AND`CO`MPLE-T-EiTO THE BEST OF MY KNOWLEDGE D T E 6 A E R RR A T A OR L TIME 2400 O P R A T OR TIME ON SITE R c o N s I T E 50050 00010 0040C 50060 00310 00610 00530 31616 00300 00600 00665 00076 00095 00556 FLOW T P E EL R S A I T s Us R E Ph E H sL t o D R I A N LE BOD 20 C MN MT R O O N I G AE N S T S S OPO L T E 1 A N L D D ES D C O E L C I F A O L R M GEOMETRIC MEAN D SO� SXd Y' O G! L I V E` EN' D i N T R O G E N `� Total / 1 /P '`f H ;jilt 1S i yy P i H O R U S Total 1 T R I B 1 1 D I T Y C O D U C T I V T Y O G I R L E A E 8eE EFF [xi INF [I A I L Y R A T E HRS HRS YIN MGD C UNIT UG/L MG/L MG/L MG/L cfu/100ML MG/L MG/L MG/L NTU umhos/cm MGIL 1 2 903 0.25 Y 9 3 915 0.25 Y 9 4 923 0.50 Y 9 < 2 5.94 5< 1 5 858 0.25 Y 9 <15 812 0.50 Y 0.0001 9 7.1 <15 6.5 [, 7 8' d6 a./AN Ia 9 853 0.25 Y 8 10 954 0.25 Y $ ®'v 11 824 0.50 Y 8 < 2.0 3.06 12 < 1 av v wk�-' 12 855 0.25 Y 9 <15 13 749 0.50 Y 0.0001 9 7.01 <15 1 6.6 14 15 16 908 0.25 Y 9 17 848 0.25 Y 8 18 902 0.50 Y 8 17.4 8.03 27 < 1 i" 1 19 808 0.25 Y 81 1 <15 I 20 908 0.50 Y 0.0001 9 6.8 <15 6.6 21 22 23 1005 0.25 Y 10 <15 24 HOLIDAY 25 HOLIDAY 26 IHOLIDAY 27 855 0.50 Y 0.0001 8 6.9 <15 23.9 7.35 20 < 1 6.5 28 29 30 8071 0.251 Y I 1 9 31 7511 0.251 Y I 1 9 AVERAGE 0.0001 9 <15 11.3 6.10 16 1 6.6 ##### k MAXIMUM 0.0001 10 7.1 <15 23.9 8.03 27 1 6.6 0.00 0.00 MINIMUM 0.0001 8 6.8 <15 2.0 3.06 5 1 6.5 0.00 0.00 COMP. C/ GRAB G G G G G G G G G G G MONTHLY LIMIT 0.003 6-9 28 30-45 11.10 30-45 200-400 >6 �P I-Ird1i� Ab ll��K�1 Sr1/,C /hi/- .. n.00/a Facility Status: (Please check one of the following) All monitoring data and sampling frequencies meet permit requirements All monitoring data and sampling frequencies do NOT meet permit requirements If the facility is noncompliant, please comment on corrective actions being taken in respect to equipment, operation, maintenance, etc., and a time table for improvements to be made. * = All QC not met. I do not feel that the data was effected. (a) = Blank used too much D.O. " = GGA failed "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 persons 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." PO Box 1770, Blowing Rock, NC, 28605 828-265-9861 10/31/2003 Permittee Address Phone Number Permit Exp. Date PARAMETER CODES 00010 Temperature 00556 Oil and Grease 00950 Dissolved Flouride 01077 Silver 39516 PCPS 00065 Steam Stage 00600 Total Nitrogen 01002 Total Arsenic 01087 Total Vanadium 39941 Roundup 00076 Turbidity 00610 Ammonia Nitrogen 01027 Cadmium 01092 Zinc 50047 Maximum Flow during 24-hr, period 00300 Dissolved Oxygen 00625 Total Kjeldahl Nitrogen 01032 Hexavalent Chromium 01105 Total Aluminum 50084 Minimum flow during 24-hr. period 00310 BOD 00665 Total Phosphorous 01034 Chromium 01147 Total selenium 50050 Flow 00340 COD 00720 Cyanide 01037 Total Cobalt 31504 Total Coliform 50060 Total Residual Chlorine 00400 pH 00745 Total Sulfide 01042 Copper 31614 Fecal Coliform, MPN, Tube 71880 Formaldehyde 00500 Total Solids 00927 Total Magnesium 01045 Total Iron 31616 Fecal Coliform 71900 Mercury 00530 TSS 00929 Total Sodium 01051 Lead 32730 Total Phenolics 81318 Ferrocyanides 00545 Settleable Solids 00940 Total Chloride 01067 Nickle 38260 MBAS 85652 Time The monthly average for fecal coliform is to be reported as a GEOMETRIC mean. Use only units designated in the reporting facility's permit for reporting data. * ORC must visit facility and document visitation of facility as requires per 15A NCAC 8A .0202 (b) (5) (B). ** If Signed by other than the permittee, delegation of signatory authority must be on file with the state per 15A NCAC 2B .0506 (b) (2) (D). NOV Events Related violations Violation Summary Gaye t41um€er: Ftt'P-201 tv1-CrQ3JtVOD:ite Protect#: mm _. Sava Permit: NCOO � G1 f � l Detacis. , SM AD: I,ftoni#ring Report: 12- 15 _ Details.,. 1 Facilityl ite: Biac� !rry "e 4�n{on: pshe ille County: Caldwell Owner: Glenn Susan 1 � �ei� , � Inspect Dt �EventTypE FJOV drafted NOV sent Facility received NOV Permittee response rece-h i .l Due Date crnrr}ent F d 14 F' Generate FlGV.., initiate Enxrcenent_. =He] p Lck u t events fannct Read Image V1 AID: ENET AJ�A NC ER North Carolina Department of Environment and Natural Resources Pat McCrory Governor June 25, 2014 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7012 1010 0002 1965 7529 Ms. Susan Glenn Blackberry Sewer System P.O. Box 1770 Blowing Rock, North Carolina 28605 Subject: Notice of Violation and Recommendation for Enforcement Tracking #: NOV-2014-MMV-0039 Blackberry Sewer System WWTP NPDES Permit No. NCO055611 Caldwell County Dear Ms. Glenn: John E Skvarla, II.I Secretary A review of the December 2013 self -monitoring report for the subject facility revealed violations of the following parameters: Date Outfall Parameter Frequency Violation 12/31/2013 001 Total Nitrogen Quarterly Failure to Monitor 12/31/2013 001 Total Phosphorus Quarterly Failure to Monitor A Notice of Violation/ Notice of Recommendation for Enforcement (NOV/ NRE) is being issued for the noted violation of North Carolina General Statute (G.S.) 143-215.1 and NPDES Permit No. NCO055611. 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) days after receipt of this Notice. A review of your response will be considered along with any information provided on the December 2013 Discharge Monitoring Report. 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. Water Quality Regional Operations — Asheville Regional Office 2090 U.S. Highway 70, Swannanoa, North Carolina 28778 Phone: (828) 2964500 FAX: (828) 299-7043 Internet: http://portal.nrdenr.org/web/wq An Equal Opportunity/ Affirmative Action Employer Ms. Susan Glenn June 25, 2014 Page Two Remedial actions, if not already implemented, should be taken to correct any problems. The Division of Water Resources may pursue enforcement actions for this and any additional violations. 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. You may contact this office for additional information. If you have questions concerning this matter, please do not hesitate to contact Janet Cantwell or me at 828/296-4500. Sincerely, G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations, NCDENR Asheville Regional Office cc: WQ Asheville Files MSC 1617-Central Files -Basement WQ Enforcement/ NPDES Point Source Branch WQ Lab & Operations/ ORC Ci:'.WR';.WQ'.Cald\kell'.1.�%astcLrater`..ivlinors`:Blackbeny Ridge 5561 I`.NOV \R}:=014-NIV-00,2d.�c Governor A��� NCDENR FILE forth Carolina Department of Environment and Natural Resources Division of Water Quality Charles Wakild, P.E. John E. Skvarla, III Director Secretary CERTIFIED MAIL RETURN RECEIPT REQUESTED Ms. Susan Glenn P.O. Box 1770 Blowing Rock, North Carolina 28605 May 23, 2013 F , 7012 1010 000 ^)l } SUBJECT: Notice of Violation and Assessment of Civil Penalty for Violations of North Carolina General Statute (G.S.) 1-43-2.1.5.1(a)(6) and NPDES Permit NCO055611 r Susan Glenn!' Blackberry Sewer System WWTP Case No. MV-2013-0008 p i �- Caldwell County'Jo Dear Ms. Glenn: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $256.00 ($119.00 civil penalty + $137.00 enforcement costs) against Susan Glenn. This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report (DMR) submitted by Susan Glenn for the month of December 2012. This review has shown the subject facility to be in violation of the discharge limitations and/or monitoring requirements found in NPDES Permit NCO055611. The violations which occurred in December 2012 are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that Susan Glenn violated the terms, conditions or requirements of NPDES Permit NCO055611 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 Environment and Natural Resources and the Director of the Division of Water Quality, I, Chuck Cranford, Division of Water Quality Regional Supervisor for the Asheville Region, hereby make the following civil penalty assessment against Susan Glenn: NorthCarohna Natura!!ff SURFACE WATER PROTECTION —ASHEVILLE REGIONAL OFFICE Location: 2090 U.S. Highway.70, Swannanoa, NC 28778 Phone: (828) 296-4500\FAX: 828 2997043 Internet: www.ncwaterguality.or9 $44.00 $75.00 $119.00 $137.00 $256.00 For 1 of the 1 failures to properly monitor TOTAL P - Cony violation of NPDES Permit No. NC0055611. For 1 of the 1 failures to properly monitor TOTAL N - Cone in violation of NPDES Permit No. NC0055611. TOTAL CIVIL PENALTY Enforcement Costs 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 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: Point Source 'Compliance/Enforcement Unit Division 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: 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. 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 PIFing 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 Quality 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 the Division of Water Quality 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 Quality also requests that you complete and submit the enclosed "Justification for Remission Request." Both forms should be submitted to the following address: Point Source Compliance/Enforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 3. File a petition for an administrative hearing with the Office of Administrative I If you wish to contest any statement in the attached assessment document you must file for an administrative hearing. You may obtain the petition form from the Office of Adn.._..._..�_ . . Hearings. You must file the petition with the Office of Administrative Hearings within thirty (30) 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 original and one (1) copy of the petition must be filed with the Office of Administrative Hearings. The petition may be faxed - provided the original and one copy of the document is received in the Office of Administrative Hearings within five (5) business days following the faxed transmission. The mailing address for the Office of Administrative Hearings is: Office of Administrative Hearings 6714 Mail Service Center Raleigh, North Carolina 27699-6714 Telephone (919) 733-2698 Facsimile: (919) 733-3478 and Mail or hand -deliver a copy of the petition to Mary Penny Thompson, 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 (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 of the Water Quality staff of the Asheville Regional Office at 828-296-4500. Sincerely, Chuck Cr�fford, Regional Supervisor Surface Water Protection Section Asheville Regional Office ATTACHMENTS _c"6::DWQ-Regional=Supervisor:W/'attachme_ nts i NPDES Point Source w/ attachments DWQ Central Files w/ attachments WQ Lab & Operations/ ORC w/ attachments S: SIB%P\Caldtivell"W,,LStewatcr\Minors\Bl�ckbcri-y Ridge 5561 I`: 4V-2013-0008.doc JUSTIFICATION FOR REMISSION REQUEST umber: MV-2013-0008 A00r00r" A Rl ty: Susan Glenn / Blackberry Ridge WWTP Permit No.: NC0055611 County: Caldwell Amount Assessed: $256.00 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. § 143 B-2 82. 1 (c), remission of a civil penalty may be granted only when one or more of the following five factors applies. 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 CALDWELL IN THE MATTER OF ASSESSMENT OF CIVIL PENALTIES AGAINST SUSAN GLENN / BLACKBERRY SEWER SYSTEM WWTP PERMIT NO. NCO055611 DEPARTMENT OF AND NATURAL WAIVER OF RIGHT TO AN ADMINSTRATIVE HEARING AND STIPULATION OF FACTS FILE NO. MV-2013-0008 Having been assessed civil penalties totaling $256.00 for violation(s) as set forth in the assessment document of the Division of Water Quality dated May 23, 2013, 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 Quality 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 SIGNATURE ADDRESS 110040819M M pill ATTACHMENT A Susan Glenn CASE NUMBER: MV-2013-0008 PERMIT: NCO055611 FACILITY: Blackberry Sewer System COUNTY: Caldwell REGION: Asheville Monitoring Violations MONITORING OUTFALL/ PENALTY REPORT PPI LOCATION PARAMETER VIOLATION DATE FREQUENCY UNIT OF MEASURE LIMIT CALCULATED % OVER VALUE LIMIT VIOLATION TYPE $75.00 12-2012 001 Effluent TOTAL N - Cone 12/31/12 Quarterly mg/l Frequency Violation $44.00 12-2012 001 Effluent TOTAL P - Cone 12/31/12 Quarterly mg/I Frequency Violation Case Number: ISION OF WATER QUALITY - CIVIL PENALTY ASSESSMENT (FILE) Susan Glenn / Blackberry Ridge WWTP / NCO055611 (December 2012 DNIR) Caldwell INA LTMXIIRIKIIITIR: ASSESSMENT FACTORS As required by G.S. 143-214.6A(c), in determining the amount of the penalty I considered the factors 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 the public health, or to private property resulting from the violation; Failure to monitor may be detrimental to the receiving stream but may not be immediately quantified. 2) The duration and gravity of the violation; Total Nitrogen and Total Phosphorus were not monitored quarterly per the NPDES Permit. 3) The effect on ground or surface water quantity or quality or on air quality; Failure to monitor may be detrimental to the receiving stream but may not be immediately quantified. 4) The cost of rectifying the damage; The cost is' unknown. 5) The amount of money saved by noncompliance; The amount of money saved would include the cost of the operator's time to sample the TN & TP and the cost of analyzing the samples. 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 has been one civil penalty assessment in the twelve months prior to this violation. 8) The cost to the State of the enforcement procedures. $137.00. Date Chuck Cra f d, Regional Supervisor Surface Water Protection Section Asheville Regional Office 05/22/2013 cirl- EFFLUENT % ( ems' ) RMIT No. R90005561 P DISCHARGE NO. 001 MONTH DECEMBER YEAR 2012 TY NAMEF Blackberry Ridge CLASS 11 `COUNTY CaldwellTOR IN RESPONSIBLE CHARGE (ORC) Corben Brewer GRADE 11 PHONE (828) 898�6277 u CERTIFIED LABORATORIES (1) Water Quality Lab & Operations, Inc. CHECK BOX IF ORC HAS CHANGED [ ] PERSON(S) COLLECTING SAMPLES Corben Brewer �- Mail ORIGINAL and ONE COPY ATTN: CENTRAL FILES x �j�r:�✓�/�Pl-�� �` l DIVISION OF WATER QUALITY �N3 0 (SIGNATURE OF OPERATOR IN RESPONSIBLE CHARGE) (DATE) 1617 MAIL SERVICE CENTER, .:; 1 ; f; r _; .. BY THIS SIGNATURE, I CERTIFY THAT THIS REPORT IS RALEIGH, NC 27699-1617 �,, ;951r 1.c 1; ` ' �eCCURATE AND COMPLETE TO THE BEST OF MY KNOWLEDGE D A e O A E R R R I A T V O A R L TIME 2400 O E R A T O R TIME ON SITE O R c O N s I T E • 50050 00010 0040C 500.60.,/ %003,0 00610:. 00530 31616 00300 00600 00665 00076 00095 00556 FLOW T•.-' M C ":p E E, L R `s Ai`, T U'` U s R E ! ? .. " r° " Ph ?''L ' - R C E; F{? t_. S L- 10 �R tee' i.A., N ,. E1` r` s' '; :. -c BOD_ c.20;C.;='' ,� - ;: <.,,. - A �,. �:i'-- -` M'<` . R ;:.0' NO I E A N , S U S T= S O O P L T E A N I L D S E D C O F L E I C F A L O IR GEOMETRIC MEAN D I O S X S Y O L G V E D N I T R O G E N Total P H O S P H O R U S Total T U R B 1 D I T Y C O D U C T V I T y O G I R L E A i E EFF [x] INF [] D A I L Y R A T E HRS HRS YIN MGD C UNIT I UG/L MG/L MGIL MGIL cfu/100ML MG/L MG/L MG/L NTU umhos/cm MG/L 1 2 3 1045 0.25 Y 0.0010 10 6.8 <15 7.8 5.48 11 1 7.0 = 7, 4 800 0.20 Y 9 5 1020 0.20 Y 9 6 1000 0.20 Y 9 7 800 0.20 Y 9 6.8 <15 8 9 10 1030 0.20 Y 0.0010 8 6.7 <15 7.0 11 800 0.20 Y 8 12 1100 0.20 Y 8 13 815 0.25 Y 8 7.8 < 0.20 12 2 14 1300 0.20 Y 81 6.9 <15 15 16 17 800 0.20 Y 0.0010 8 6.7 <15 7.0 18 1100 0.20 Y 8 19 1220 0.20 Y 8 20 1020 0.20 Y 8 < 2.0 0.26 < 5 < 1 21 1120 0.201 Y 8 6.4 <15 22 23 24 HOLIDAY 25 HOLIDAY 26 HOLIDAY 27 1100 0.25 Y 0.0009 8 6.6 <15 16.3 2.55 16 1 7.0 28 1200 0.25 Y 8 6.6 <15 29 30 31 1010 0.20 Y 1 0.00101 8 6.71 <15 1 1 7.0 AVERAGE 0.0010 8 UV 8.5 2.12 11 1 7.0 ##### MAXIMUM 0.0010 10 6.9 UV 16.3 5.48 16 2 7.0 0.00 0.00 MINIMUM 0.0009 8 6.4 UV 2.0 0.20 5 1 7.0 0.00 0.00 COMP. C/ GRAB G G G G G G G G G G G MONTHLY LIMIT 0.003 6-9 28 30-45 11.10 30-45 200-400 >6 Q706- x1ld"OA ,m ,,-A5-'� / ig - m I/ - "n Az-- � � / / � mv/ 2,0 ®-.� ® fig Facility Status: (Please check one of the following) All monitoring data and sampling frequencies meet permit requirements All monitoring data and sampling frequencies do NOT meet permit requirements If the facility is noncompliant, please comment on corrective actions being taken in respect to equipment, operation, maintenance, etc., and a time table for improvements to be made. "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 persons 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." Jadd Brewer Permittee,( Please Print or TYP-0 --1 of Permittee)** (Date) PO Box 1770, Blowing Rock, NC, 28605 828-265-9861 10/31/2003 Permittee Address Phone Number Permit Exp. Date PARAMETER CODES 00010 Temperature 00556 Oil and Grease 00950 Dissolved Flouride 01077 Silver 39516 PCPS 00065 Steam Stage 00600 Total Nitrogen 01002 Total Arsenic 01087 Total Vanadium 39941 Roundup 00076 Turbidity 00610 Ammonia Nitrogen 01027 Cadmium 01092 Zinc 50047 Maximum Flow during 24-hr. period 00300 Dissolved Oxygen 00625 Total Kjeldahl Nitrogen 01032 Hexavalent Chromium 01105 Total Aluminum 50084 Minimum flow during 24-hr. period 00310 BOD 00665 Total Phosphorous 01034 Chromium 01147 Total selenium 50050 Flow 00340 COD 00720 Cyanide 01037 Total Cobalt 31504 Total Coliform 50060 Total Residual Chlorine 00400 pH 00745 Total Sulfide 01042 Copper 31614 Fecal Coliform, MPN, Tube 71880 Formaldehyde 00500 Total Solids 00927 Total Magnesium 01045 Total Iron 31616 Fecal Coliform 71900 Mercury 00530 TSS 00929 Total Sodium 01051 Lead 32730 Total Phenolics 81318 Ferrocyanides 00545 Settleable Solids 00940 Total Chloride 01067 Nickle 38260 MBAS 85652 Time The monthly average for fecal coliform is to be reported as a GEOMETRIC mean. Use only units designated in the reporting facility's permit for reporting data. * ORC must visit facility and document visitation of facility as requires per 15A NCAC 8A .0202 (b) (5) (B). ** If Signed by other than the permittee, delegation of signatory authority must be on file with the state per 15A NCAC 2B .0506 (b) (2) (D). Permit Enforcement History Details by Owner Owner: Susan Glenn Facility: Blackberry Sewer System Permit: NCO055611 Region: Asheville County: Caldwell Penalty Remission Enf EMC EMC OAH Collection Has Assessment Penalty Enforcemen Request Enf Conf Remission Hearing Remission Remission Memo Sent Balance Pmt Case Case Number MR Approved Amount t Costs Damages Received Held Amount Held Amount Amount to AGO Total Paid Due Plan Closed LR-1992-0022 05/26/92 $500 $.00 $.00 $266.67 $.00 No 05/28/96 LR-1992-0037 06/22/92 $1,000 $.00 $.00 $533.33 $.00 No 05/28/96 LR-1992-0060 09/30/92 $2,000 $.00 $.00 10/30/92 02/02/94 $.00 04/14/94 $.00 $1,066.67 $.00 No 05/28/96 LR-1992-0070 11/06/92 $4,000 $.00 $.00 12/05/92 08/03/94 $.00 $.00 $2,133.33 $.00 No 05/28/96 LR-1992-0082 11/30/92 $8,000 $.00 $.00 $8,000.00 No 05/28/96 LV-2002-0158 1-2002 05/17/02 $250 $79.46 $329.46 $.00 No 07/07/05 RV-2005-0001 03/09/05 $500 $500.00 $.00 No 07/07/05 RV-2008-0001 06/26/08 $860 $26.26 $886.26 $.00 No 08/06/08 LR-2008-0024 4-2008 11/12/08 $500 $100.00 $.00 03/31/09 $600.00 No MV-2009-0004 12-2008 04/03/09 $100 $65.00 06/15/09 $265.00 No MV-2009-0004 9-2008 04/03/09 $100 $65.00 06/15/09 $265.00 No LR-2009-0010 6-2009 08/26/09 $500 $100.00 $.00 12/28/09 $600.00 No MV-2010-0002 6-2009 02/08/10 $1,900 $67.00 07/12/10 $1,967.00 No MV-2011-0021 9-2010 05/03/11 $119 $67.00 10/10/11 $186.00 No MV-2011-0022 10-2010 05/05/11 $388 $67.00 10/10/11 $455.00 No LR-2012-0007 1-2012 07/19/12 $500 $100.00 12/18/12 $600.00 No MV-2013-0008 12-2012 $119 $137.00 $256.00 No 05/22/13 Total Cases: 16 Total Penalty Amount: $21,336 Total Enforcement Cost: $808.72 Sum of Total Case Penalties: $22,144.72 Sum of Total Paid: $5,715.72 Total Balance Due: $12,929.00 Total Penalties after remission(s): $18,644.72 County: DIVISION OF WATER QUALITY - CIVIL PENALTY ASSESSMENT (FILE) Susan Glenn / Blackberry Ridge WWTP / NCO055611. (December 2012 M R) Caldwell Case Number: MV-2013-0008 ASSESSMENT FACTORS As required by G.S. 143-214.6A(c), in determining the amount of the penalty I considered the factors 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 the public health, or to private property resulting from the violation; Failure to monitor may be detrimental to the receiving stream but may not be immediately quantified. 2) The duration and gravity of the violation; Total Nitrogen and Total Phosphorus were not monitored quarterly per the NPDES Permit. 3) The effect on ground or surface water quantity or quality or on air quality; Failure to monitor may be detrimental to the receiving stream but may not be immediately quantified. 4) The cost of rectifying the damage; The cost is unknown. 5) The amount of money saved by noncompliance; The amount of money saved would include the cost of the operator's time to sample the TN & TP and the cost of analyzing the samples. 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 has been one civil penalty assessment in the twelve months prior to this violation. 8) The cost to the State of the enforcement procedures. $137.00. Date Chuck Cranford, Regional Supervisor Surface Water Protection Section Asheville Regional Office 05/22/2013 jfA ® NCDENR North Carolina Department of Environment and Division of Water Quality Pat McCrory Charles Wakild, P.E. Governor Director May 23, 2013 CERTIFIED MAIL RETURN RECEIPT REQUESTED Ms. Susan Glenn P.O. Box 1770 Blowing Rock, North Carolina 28605 Natural Resources John E. Skvarla, III Secretary 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 Permit NCO05561 I Susan Glenn Blackberry Sewer System WWTP Case No. MV-2013-0008 Caldwell County Dear Ms. Glenn: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $256.00 ($119.00 civil penalty + $137.00 enforcement costs) against Susan Glenn. This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report (DMR) submitted by Susan Glenn for the month of December 2012. This review has shown the subject facility to be in violation of the discharge limitations and/or monitoring requirements found in NPDES Permit NCO055611. The violations which occurred in December 2012 are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that Susan Glenn violated the terms, conditions or requirements of NPDES Permit NCO055611 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 Environment and Natural Resources and the Director of the Division of Water Quality, I, Chuck Cranford, Division of Water Quality Regional Supervisor for the Asheville Region, hereby make the following civil penalty assessment against Susan Glenn: None rthCarolina Naturally SURFACE WATER PROTECTION — ASHEVILLE REGIONAL OFFICE Location: 2090 U.S. Highway 70, Swannanoa, NC 28778 Phone: (828) 296-4500\FAX: 828 2997043 Internet: www.ncwatercivality.org $44.00 For 1 of the 1 failures to properly monitor TOTAL P - Conc in violation of NPDES Permit No. NC0055611. $75.00 For 1 of the 1 failures to properly monitor TOTAL N - Conc in violation of NPDES Permit No. NC0055611. $119.00 TOTAL CIVIL PENALTY $137.00 Enforcement Costs $256.00 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 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 days of receipt of this notice, you must do one of the following: 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: Point Source Compliance/Enforcement Unit Division 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: 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. 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. Pleas prepare a detailed statement that establishes why you believe the civil penalty should be remitted, and submit it to the Division of Water Quality 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 14313-282.1(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 the Division of Water Quality 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 Quality also requests that you complete and submit the enclosed "Justification for Remission Request." Both forms should be submitted to the following address: Point Source Compliance/Enforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 petition for an administrative hearing with the Office of Administrative Hearings: __ , .. - .. _ h to contest any statement in the attached assessment document you must file a petition for an administrative hearing. You may obtain the petition form from the Office of Administrative Hearings. You must file the petition with the Office of Administrative Hearings within thirty (30) 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 original and one (1) copy of the petition must be filed with the Office of Administrative Hearings. The petition may be faxed - provided the original and one copy of the document is received in the Office of Administrative Hearings within five (5) business days following the faxed transmission. The mailing address for the Office of Administrative Hearings is: Office of Administrative Hearings 6714 Mail Service Center Raleigh, North Carolina 27699-6714 Telephone (919) 733-2698 Facsimile: (919) 733-3478 and Mail or hand -deliver a copy of the petition to Mary Penny Thompson, 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 (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 of the Water Quality staff of the Asheville Regional Office at 828-296-4500. Sincerely, Chuck Cranford, Regional Supervisor Surface Water Protection Section Asheville Regional Office ATTACHMENTS cc: DWQ Regional Supervisor w/ attachments NPDES Point Source w/ attachments DWQ Central Files w/ attachments WQ Lab & Operations/ ORC w/ attachments S^'SWI\Cildwell`Wastewater\minors,Bl,ackberry Ridge »61I\MV-2013-0008.doc JUSTIFICATION FOR REMISSION REQUEST se Number: MV-2013-0008 County: Caldwell Assessed Party: Susan Glenn / Blackberry Ridge WWTP Permit No.: NC0055611 Amount Assessed: $256.00 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 applies. 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 CALDWELL IN THE MATTER OF ASSESSMENT OF CIVIL PENALTIES AGAINST SUSAN GLENN / BLACKBERRY SEWER SYSTEM WWTP PERMIT NO. NCO055611 DEPARTMENT OF ENVIRONIV AND NATURAL RESOURCF WAIVER OF RIGHT TO AN ADMINSTRATIVE HEARING AND STIPULATION OF FACTS FILE NO. MV-2013-0008 Having been assessed civil penalties totaling $256.00 for violation(s) as set forth in the assessment document of the Division of Water Quality dated May 23, 2013, 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 Quality 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 Susan Glenn CASE NUMBER: MV-2013-0008 PERMIT: NCO055611 FACILITY: Blackberry Sewer System COUNTY: Caldwell REGION: Asheville Monitoring Violations MONITORING OUTFALL/ VIOLATION UNIT OF CALCULATED %OVER PENALTY REPORT PPI LOCATION PARAMETER DATE FREQUENCY MEASURE LIMIT VALUE LIMIT VIOLATION TYPE $75.00 12-2012 001 Effluent TOTAL N - Conc 12/31/12 Quarterly mg/I Frequency Violation $44.00 12-2012 001 Effluent TOTAL P - Conc 12/31/12 Quarterly mg/I Frequency Violation EFFLUENT No. NC005569'I DISCHARGE NO. 001 i MONTH DECEMBER YEAR 2012 FFPRMIT ITY NAME Blackberry Ridge CLASS II COUNTY Caldwell OPERATOR IN RESPONSIBLE CHARGE (ORC) Corben Brewer GRADE II PHONE (828) 8' 8'.9277 CERTIFIED LABORATORIES (1) Water Quality Lab & Operations, Inc. r°r CHECK BOX IF ORC HAS CHANGED () [ ] PERSONS COLLECTING SAMPLES Corben Brewer' Mail ORIGINAL and ONE COPY to 0.1 ATTN: CENTRAL FILES � x DIVISION OF WATER QUALITY -JAM 3 0 201 (SIGNATURE OF OPERATOR IN RESPONSIBLE CHARGE) (DATE) 1617 MAIL SERVICE CENTER;-,.. BY THIS SIGNATURE, I CERTIFY THAT THIS REPORT IS RALEIGH, NC 27699-1617 ,;; dr" v ' _ .<ACCURATE AND COMPLETE TO THE BEST OF MY KNOWLEDGE D T E O A ER RR A V T A O R L TIME 2400 O E R A T O R TIME ON SITE O R C O N S I T E • 50050 00010 0040C 50060, G 00310 � 00610: 00530 31616 00300 00600 00665 00076 00095 00556 FLOW �i IE. ;.,;•,.•3 ;P E E. L R'S AID. T U. US R E,: f,� ",�. Ph 5) ;' RC E.jFI S `L p R U d`: �A�[`l;c=`= LE.' ' - - < ��, ``, L BOD; '' c:2Q;C:=' a fir:,`' N A.Irc=`P w'-" 1 T� M :v .r ,� _0" R N 0 G I E A N ;,'< S 'US T-S O P O T E L A N 1 D L D S E D C O FL E C A F L 0 R M GEOMETRIC MEAN D IO S S X 0 Y LC' E V N E D N 1 T R O G E N Total P H O S P H O R U S Total T U R B I D I T Y C N D U C T I V T Y OG I R L E A S & E EFF [xi INF [I o ',Mc A I L Y R A T E HRS HRS YIN MGD C UNIT UG/L MG/L MG/L MGIL cfu/100ML MG/L MG/L MG/L NTU umhos/cm MG/L 1 2 3 1045 0.25 Y 0.0010 10 6.8 <15 7.8 5.48 ill 1 7.0 4 800 0.201 Y 9 _ 5 1020 0.20 Y 9.�skl 6 1000 0.20 Y 9 v ✓ 7 800 0.20 Y 9 6.8 <15 8 9 10 1030 0.20 Y 0.0010 8 6.7 <15 7.0 11 800 0.20 Y 8 12 1100 0.20 Y 8 13 815 0.25 Y 8 7.8 < 0.20 12 2 14 1300 0.20 Y 8 6.9 <15 15 16 17 800 0.20 Y 0.0010 8 6.7 <15 7.0 18 1100 0.20 Y 8 19 1220 0.20 Y 8 20 1020 0.20 Y 8 < 2.0 0.26 < 5 < 1 21 1120 0.20 Y 8 6.4 <15 22 23 24 HOLIDAY 25 HOLIDAY 26 HOLIDAY 27 1100 0.25 Y 0.0009 8 6.6 <15 16.3 2.55 16 1 7.0 28 1200 0.25 Y 8 6.6 <15 29 30 31 1010 0.20 Y 0.00101 8 6.71 <151 7.0 AVERAGE 0.0010 8 UV 8.5 2.12 11 1 7.0 MAXIMUM 0.0010 10 6.9 UV 16.3 5.48 16 2 7.0 0.00 0.00 MINIMUM 0.0009 8 6.4 UV 2.0 0.20 5 1 7.0 0.00 0.00 COMP. C/ GRAB G G G G G G G G G G G MONTHLY LIMIT 0.003 6-9 28 30.45 11.10 30.45 200-400 >6 (2704e'- -'11�1/-< AfA►t_�!4f6s)/19_ salI/- ^n <'-A ,G' PW:f=1����� I mo' i&g jq hill 219/5 vA*,9'9 Facility Status: (Please check one of the following) All monitoring data and sampling frequencies meet permit requirements C All monitoring data and sampling frequencies do NOT meet permit requirements C If the facility is noncompliant, please comment on corrective actions being taken in respect to equipment, operation, maintenance, etc., and a time table for improvements to be made. "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 persons 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." Jadd Brewer Permittee,( Please Print or of Permittee)** z (Date) PO Box 1770, Blowing Rock, NC, 28605 828-265-9861 10/31/2003 Permittee Address Phone Number Permit Exp. Date PARAMETER CODES 00010 Temperature 00556 Oil and Grease 00950 Dissolved Flouride 01077 Silver 39516 PCPS 00065 Steam Stage 00600 Total Nitrogen 01002 Total Arsenic 01087 Total Vanadium 39941 Roundup 00076 Turbidity 00610 Ammonia Nitrogen 01027 Cadmium 01092 Zinc 50047 Maximum Flow during 24-hr. period 00300 Dissolved Oxygen 00625 Total Kjeldahl Nitrogen 01032 Hexavalent Chromium 01105 Total Aluminum 50084 Minimum flow during 24-hr. period 00310 BOD 00665 Total Phosphorous 01034 Chromium 01147 Total selenium 50050 Flow 00340 COD 00720 Cyanide 01037 Total Cobalt 31504 Total Coliform - 50060 Total Residual Chlorine 00400 pH 00745 Total Sulfide 01042 Copper 31614 Fecal Coliform, MPN, Tube 71880 Formaldehyde 00500 Total Solids 00927 Total Magnesium 01045 Total Iron 31616 Fecal Coliform 71900 Mercury 00530 TSS 00929 Total Sodium 01051 Lead 32730 Total Phenolics 81318 Ferrocyanides 00545 Settleable Solids 00940 Total Chloride 01067 Nickle 38260 MBAS 85652 Time The monthly average for fecal coliform is to be reported as a GEOMETRIC mean. Use only units designated in the reporting facility's permit for reporting data. * ORC must visit facility and document visitation of facility as requires per 15A NCAC 8A .0202 (b) (5) (B). ** If Signed by other than the permittee, delegation of signatory authority must be on file with the state per 15A NCAC 2B .0506 (b) (2) (D). Permit Enforcement History Details by Owner Owner: Susan Glenn Facility: Blackberry Sewer System Permit: NCO055611 Region: Asheville County: Caldwell Penalty Remission Enf EMC EMC OAH Collection Has Assessment Penalty Enforcemen Request Enf Conf Remission Hearing Remission Remission Memo Sent Balance Pmt Case Case Number MR Approved Amount t Costs Damages Received Held Amount Held Amount Amount to AGO Total Paid Due Plan Closed 05/2 LR-1992-0022 05/26/92 $500 $.00 $.00 $266.67 $.00 No 05/28/96 LR-1992-0037 06/22/92 $1,000 $.00 $.00 $533.33 $.00 No 05/28/96 LR-1992-0060 09/30/92 $2,000 $.00 $.00 10/30/92 02/02/94 $.00 04/14/94 $.00 $1,066.67 $.00 No 05/28/96 LR-1992-0070 11/06/92 $4,000 $.00 $.00 12/05/92 08/03/94 $.00 $.00 $2,133.33 $.00 No 05/28/96 LR-1992-0082 11/30/92 $8,000 $.00 $.00 $8,000.00 No 05/28/96 LV-2002-0158 1-2002 05/17/02 $250 $79.46 $329.46 $.00 No 07/07/05 RV-2005-0001 03/09/05 $500 $500.00 $.00 No 07/07/05 RV-2008-0001 06/26/08 $860 $26.26 $886.26 $.00 No 08/06/08 LR-2008-0024 4-2008 11/12/08 $500 $100.00 $.00 03/31/09 $600.00 No MV-2009-0004 12-2008 04/03/09 $100 $65.00 06/15/09 $265.00 No MV-2009-0004 9-2008 04/03/09 $100 $65.00 06/15/09 $265.00 No LR-2009-0010 6-2009 08/26/09 $500 $100.00 $.00 12/28/09 $600.00 No MV-2010-0002 6-2009 02/08/10 $1,900 $67.00 07/12/10 $1,967.00 No MV-2011-0021 9-2010 05/03/11 $119 $67.00 10/10/11 $186.00 No MV-2011-0022 10-2010 05/05/11 $388 $67.00 10/10/11 $455.00 No LR-2012-0007 1-2012 07/19/12 $500 $100.00 12/18/12 $600.00 No MV-2013-0008 12-2012 $119 $137.00 $256.00 No 05/22/13 2 Total Cases: 16 Total Penalty Amount: $21,336 Total Enforcement Cost: $808.72 Sum of Total Paid: $5,715.72 Total Balance Due: $12,929.00 Sum of Total Case Penalties: $22,144.72 Total Penalties after remission(s): $18,644.72 :.... A IP NC®ENR North Carolina Department of Environment and Natur, Division of Water Quality Pat McCrory Charles Wakild, P.E. Governor Director April 8, 2013 CERTIFIED MAIL 7010 1870 0003 0875 2704 RETURN RECEIPT REQUESTED Ms. Susan Glenn P.O. Box 1770 Blowing Rock, North Carolina 28605 Subject: Notice of Violation and Recommendation for Enforcement Tracking #: NOV-2013-MV-0053 Blackberry Sewer System WWTP NPDES Permit No. NCO055611 Caldwell County Dear Ms. Glenn: A review of the October through December 2012 self -monitoring reports for the subject facility revealed violations of the following parameters: Date Outfall Parameter Monitoring Frequency Violation 12/31/2012 001 Total Nitrogen Quarterly Failure to Monitor 12/31/2012 001 Total Phosphorus Quarterly Failure to Monitor A Notice of Violation/ Notice of Recommendation for Enforcement (NOV/ NRE) is being issued for the noted violation of North Carolina General Statute (G.S.) 143-215.1 and NPDES Permit No. NCO055611. 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) days after receipt of this Notice. A review of your response will be considered along with any information provided on the December 2012 Discharge Monitoring Report. 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. SURFACE WATER PROTECTION SECTION —ASI IEVILLE REGIONAL OFFICE Location: 2090 U.S. Highway 70, Swannanoa. North Carolina 28778 Phone: 828-296-4500\ Pax: 828-299-7043 Internet: htto:llportal.ncdenr.orglweblwg An Equat Opportunity'k. Affirmative Action Employer — 50%Recycled(10% Post Consumer paper NorthCarolina Natural& Ms. Susan Glenn April 8, 2013 Page Two Remedial actions, if not already implemented, should be taken to correct any problems. The Division of Water Quality may pursue enforcement actions for this and any additional violations. 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. You may contact this office for additional information. If you have questions concerning this matter, please do not hesitate to contact Janet Cantwell or me at 828/296-4500. Sincerely, .j Chuck Or ord, Regional Supervisor Surface Water Protection Section Asheville Regional Office cc: DWQ Asheville -Fifes DWQ Central Files DWQ Point Source Branch S:\SWP\Caldwell\Wastewater\Minors\Blackberry Ridge 55611\NOV-NRE-2013-MV-0053.doc N NC®ENR North Carolina Department of Environment and Natural Resources Division of Water Quality Pat McCrory Charles Wakild, P.E. John E. Skvarla, III Governor Director Secretary April 8, 2013 CERTIFIED MAIL RETURN RECEIPT REQUESTED Ms. Susan Glenn P.O. Box 1770 Blowing Rock, North Carolina 28605 Subject: Notice of Violation and Recommendation for Enforcement Tracking #: NOV-2013-MV-0053 Blackberry Sewer System WWTP NPDES Permit No. NCO055611 Caldwell County Dear Ms. Glenn: A review of the October through December 2012 self -monitoring reports for the subject facility revealed violations of the following parameters: Date Outfall Parameter Monitoring Frequency Violation 12/31/2012 001 Total Nitrogen Quarterly Failure to Monitor 12/31/2012 001 Total Phosphorus Quarterly Failure to Monitor A Notice of Violation/ Notice of Recommendation for Enforcement (NOV/ NRE) is being issued for the noted violation of North Carolina General Statute (G.S.) 143-215.1 and NPDES Permit No. NCO055611. 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) days after receipt of this Notice. A review of your response will be considered along with any information provided on the December 2012 Discharge Monitoring Report. 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. SURFACE WATER PROTECTION SECHON—ASHEVILLE REGIONAL OFFICE Location: 2090 U.S. Highway 70, Swannanoa, North Carolina 28778 Phone: 828-296-4500\ Far 828-299-7043 Internet: hftp://portal.ncdenr.oLg/web/wq NorthCarolina NaturalAl An Equal Opportunity \ Affirmative Action Employer— 50%Recycled/ 10'4u Post Consunter paper Ms. Susan Glenn April 8, 2013 Page Two Remedial actions, if not already implemented, should be taken to correct any problems. The Division of Water Quality may pursue enforcement actions for this and any additional violations. 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. You may contact this office for additional information. If you have questions concerning this matter, please do not hesitate to contact Janet Cantwell or me at 828/296-4500. Sincerely, Chuck Cranford, Regional Supervisor Surface Water Protection Section Asheville Regional Office cc: DWQ Asheville Files DWQ Central Files DWQ Point Source Branch S:\SWP\Caldwell\Wastewater\Minors\Blackberry Ridge 55611\NOV-NRE-2013-MV-0053.doc Cantwell, Janet From: Water Quality Labs [waterqualitylabs@yahoo.com] Sent: Thursday, April 04, 2013 4:57 PM To: Cantwell, Janet Subject: Amended DMRs/Blackberry TNTP Attachments: waterqualitylabs@yahoo.com_20130404_161031. pdf The DMR you spoke with Paul about has been amended, but the operator is on vacation. As soon as it is signed, I will e-mail and snail mail a signed copy. I've attached the unsigned copies for you in the interim. ruing the TNTP'rforackberry-in the�4th`Quarter--of 2012;�fhere !s n'o datal:h ..,ave-yeti i'�=_contract`lakas`well -�.. - - Thank you for your time and all of your help; please feel free to contact us if there is anything you need! Have a wonderful day. Sincerely, Jenna Vanhaerents Administrative Assistant Water Quality Lab & Operations, Inc. PO BOX 1167/1522 Tynecastle Hwy. Banner Elk, North Carolina 28604 Phone-(828) 898-6277 Fax- (828) 898-6255 1 1 r iEmil Limit Violations Monitoring Violations Reporting Violations Ott�erViolations :.: Permit: ,NC0055611 C— fi is. Monitoring Report: 1.2-2012 Details... Details..:,. SOG: AD: Oster Facility: Blackberry Sewer System, Details... Region: sheuille -� County: Caldwell Owner: Glenn Susan Maintain.,. Incident: O De:uils..� Inspect. Dt: Facility Reported As Co.,,Compliant O Non -Compliant "- Not Reported ® Is signed Report Type: DMR *Outfall *Location :-- *Parameter Mes. Fre *Date Manual *Description j SOC Action 001 jEffluert ,. _. Nitrogen, Total {as ... Quarterly 1213112012 ❑ Frequency Viola... I ❑ lProceed to NOV Will beco 001 jEffluent = :; Phosphorus, Total (... Quarterly 12/31/2012 ❑ FrequencyVioIa...i ❑ lProceed to PJO Will beco Initiate NOD... j Initiate NOS... Initiate Enior � Ita Dern,arns,.. � Save 8. Recalc�_�iatE Help Finish � " Cancelu 2 Monitoring Violations found. �� �� :iReady � ;, µ'SID: VLMP TT -' . _._.. Pat McCrory Governor NCD NRF-IL.E.' North Carolina Department of Environment and Natural Resources :Division of Water Quality Charles Wakild, P.E. John E. Skvarla, III :Director . Secretary CERTIFIED MAIL' 7009 1680 0000 7515 3028 RETURN RECEIPT REQUESTED - __. Ms. Susan Glenn Blackberry Sewer System P.O. Box 1770 Blowing Rock, North Carolina 28605 Subject: Dear Ms. Glenn: January 11, 2013 Notice of Violation and Recommendation for Enforcement Tracking #: NOV-2013-LM-0005 Blackberry Sewer System WWTP NPDES Permit No. NCO055611. Caldwell County A review of the August 2012 self -monitoring report for the subject facility revealed violations of the following parameters: Date Outfall- Parameter Reported Value Permit Limit 08/31/2012 001 BOD 30.8 mg/ L 30 mg/ L 08/17/2012 001 Fecal coliform 1100 #/ 100 ml 400 #/ 100 ml 08/17/2012 001 DO 5.3 mg/ L 6 mg/ L 08/31/2012 001 Flow 0.0030 mgd 0.003 mgd 08/17/2012 001 pH 4.1 su 6 su 08/17/2012 001 TSS 104 mg/ L 45 mg/ L 08/31/2012 001 TSS 45.33 mg/,L 30 mg/ L Date Outfall Parameter Monitoring Frequency Violation 08/04/2012 001 BOD Weekly Failure to Monitor 08/11/2012 001 BOD Weekly Failure to Monitor 08/04/2012 001 Fecal coliform Weekly Failure to Monitor 08/11/2012 001 Fecal coliform Weekly Failure to Monitor 08/04/2012 001 DO Weekly Failure to Monitor 0811/2012 001 DO Weekly Failure to Monitor 08/04/2012 001 Flow Weekly Failure to Monitor 08/11/2012 001 Flow Weekly Failure to Monitor 08/04/2012 001 Ammonia Nitrogen Weekly Failure to Monitor SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE/j?--, Location: 2090 U.S. Highway 70, Swannanoa, North Carolina 28778 Phone: 823-296-4500\ Fax: 828-299-7043 Internet: hftp:llportal.ncdenr.orglwe4Mg An Equal Opportunity `. Affirmative Action Employer— 50%Recycled%10% Post Consumer paper One NorihCarolina _v 1, . Ms. Susan Glenn January 11, 2013 Page Two 0811/2012 001 Ammonia Nitrogen Weekly Failure to Monitor 08/04/2012 001 pH Weekly Failure to Monitor 08/11/2012 001 pH Weekly Failure to Monitor 08/04/2012 001 TSS Weekly Failure to Monitor 0811/2012 001 TSS Weekly Failure to Monitor 08/04/2012 001 TRC Twice Weekly Failure to Monitor 08/11/2012 001 TRC Twice Weekly Failure to Monitor A Notice of Violation/ Notice of Recommendation for Enforcement (NOV/ NRE) is being issued for the noted violation of North Carolina General Statute (G.S.) 143-215.1 and NPDES Permit No. NCO055611. 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) days after receipt of this Notice. A review of your response will be considered along with any information provided on the August 2012 Discharge Monitoring Report. 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, if not already implemented, should be taken to correct any problems. The Division of Water Quality may pursue enforcement actions for this and any additional violations. 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. You may contact this office for additional information. If you have questions concerning this matter, please do not hesitate to contact Janet Cantwell or me at 828/296-4500. Sincerely, 7 Chuck Cranford, Regional Supervisor Surface Water Protection Section Asheville Regional Office cc: "DWQAslieville-Fi�les-�— DWQ Central Files DWQ Point Source Branch S:`.51..P',Caldwell``W4 Lste�viter.tilii3ors Blackberry Ridge 4�:i61 L"NIOV-NIRG-20li-I_14-0005.dcrc EFFLUENT NFDES PERMIT No. NCO055611 DISCHARGE NO. 001 MONTH AUGUST YEAR 2012 FACILITY NAME Blackberry Ridge CLASS 11 COUNTY Caldwell OPERATOR IN RESPONSIBLE CHARGE (ORC) Brandon Huges GRADE 11 PHONE (828) 898-6277 CERTIFIED LABORATORIES (1) Water Quality Lab & Operations, Inc. f. CHECK BOX IF ORC HAS CHANGED [ ] PERSON(S) COLLECTING SAMPLES Brandon Hugetn- Mail ORIGINAL and ONE COPY to: ATTN: CENTRAL FILES x DIVISION OF WATER QUALITY ' (SIGNATURE OF OPERATOR IN RESPONSIBLE -CHARGE) (DATE) 1617 MAIL SERVICE CENTER SEP $ 2OIZ BY THIS SIGNATURE, I CERTIFY THAT THIS REPORT IS RALEIGH, NC 27699-1617� ACCURATE AND COMPLETE TO THE RFST nF MY KW-im l =nr-G D TTVA E O A P R RR A[ O L R TIME 2400 P R A T 0 R TIME ON SITE R C 0 N s I E + 50050 =00010.0'40 'S0060 00310 00610 00530 31616 00300 00600 00665 00076 00095 1 00556 FLOW i E MC P EC ELl0 A I TU R S E RC E H s L DR U I AN L E BOD 20C N AI M T MR 00 N 10' A N S US S O OP L T E I A N LDD E S D C O FL E j C F L 0 L R M GEOMETRIC MEAN D 10 9S X ISY OG L VE N N I T R O G E N Total P H 0 S P H O R U S I Total T U R B I D j T Y C O D U C T 1 V I Y OG I R LE A S & E EFF [xj INF [ D A I Y R A E HRS HRS YIN MGD C UNIT UG/L MGIL MG/L MGI1-0 .! 00ML MGIL MGIL MG/L NTU umhoslcm MGIL 3 %+�' LI ate. x.r \ •n f 5 10 12 13 14 15 1100 1.5 B 19 16 1250 0.5 B 21 17 1255 0.8 B 0.0030 24 4.11 <15 38 8.19 104 r 1100 V 5.3 18 19 20 1146 0.5 B 22 21 1220 0.7 B 21 22 1325 1.3 B 21 16.4 5.89 22 84 23 1221 0.5 B 201 <15 24 809 0.5 B 0,0030 19 7.9 <15 6.3 25 26 27 805 0.5 B 19 28 1322 0.5 B 19 29 1238 0.3 B 20 38 < 0.20 10 4 30 1 8261 1.0 B 20 <15 31 1 8081 0.5 B 0.0030 20 7.1 <15 ti 6.9 AVERAGE 0.00301 20 UV 30.8 4.76 E 45 72 6.2 ##### MAXIMUM 0.0030 22 7.9 UV 38 8.19 104 1100 6.9 0.00 0.00 MINIMUM 0.0030 19 4.1 UV 16.4 0.20 10 4 5.3 0.00 0.00 COMP. C I GRAB G G G G G G G G G G G MONTHLY LIMIT 0.003 6-9 28 30-45 11.10 30-45 200-400 >6 Facility Status: (Please check one of the following) All monitoring data and sampling frequencies meet permit requirements All monitoring data and sampling frequencies do NOT meet permit requirements �J If the facility is noncompliant, please comment on corrective actions being taken in respect to equipment, operation, maintenance, etc., and a time table for improvements to be made. Blackberry Ridge had on ORC or operator from May the 1st until August 14th because of non-payment to the operations company. The plant was very septic and the operator could not get the plant in compliance for the monthly limits for BOD, or TSS. "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 persons 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." Jadd Brewer Print or Tual /Z i4;ghature of Perrnittee)- ` (Date) PO Box 1770, Blowing Rock, NC, 28605 828-265-9861 10/31/2003 Permittee Address Phone Number Permit Exp. Date PARAMETER CODES t r 00010 Temperature 00556 Oil and Grease 00950 Dissolved Flouride 01077 Silver 39516 PCPS 00065 Steam Stage 00600 Total Nitrogen 01002 Total Arsenic 01087 Total Vanadium 39941 Roundup 00076 Turbidity 00610 Ammonia Nitrogen 01027 Cadmium 01092 Zinc 50047 Maximum Flow during 24-hr. period 00300 Dissolved Oxygen 00625 Total Kjeldahl Nitrogen 01032 Hexavalent Chromium 01105 Total Aluminum 50084 Minimum flow during 24-hr, period 00310 BOD 00665 _Total Phosphorous 01034 Chromium 01147 Total selenium 50050 Flow 00340 COD 00720 Cyanide 01037 Total Cobalt 31504 Total Coliform 50060 Total Residual Chlorine 00400 pH 00745 Total Sulfide 01042 Copper 31614 Fecal Coliform, MPN, Tube 71880 Formaldehyde 00500 Total Solids 00927 Total Magnesium 01045 Total Iron 31616 Fecal Coliform 71900 Mercury 00530 TSS 00929 Total Sodium 01051 Lead 32730 Total Phenolics 81318 Ferrocyanides 00545 Settleable Solids 00940 Total Chloride 01067 Nickle 38260 MBAS 85652 Time The monthly average for fecal coliform is to be reported as a GEOMETRIC mean. Use only units designated in the reporting facility's permit for reporting data. * ORC must visit facility and document visitation of facility as requires per 15A NCAC 8A .0202 (b) (5) (B). ** If Signed by other than the permittee, delegation of signatory authority must be on file with the state per 15A NCAC 213 .0506 (b) (2) (D). =r _J�A NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Pat McCrory Charles Wakild, P.E. John E. Skvarla, III Governor Director Secretary January 11, 2013 CERTIFIED MAIL RETURN RECEIPT REQUESTED Ms. Susan Glenn Blackberry Sewer System P.O. BOX 1770 Blowing Rock, North Carolina 28605 Subject: Notice of Violation and Recommendation for Enforcement Tracking #: NOV-2013-LM-0005 Blackberry Sewer System WWTP NPDES Permit No. NCO055611 Caldwell County Dear Ms. Glenn: A review of the August 2012 self -monitoring report for the subject facility revealed violations of the following parameters: Date Outfall Parameter Reported Value Permit Limit 08/31/2012 001 BOD 30.8 mg/ L 30 mg/ L 08/17/2012 001 Fecal coliform 1100 #/ 100 ml 400 #/ 100 ml 08/17/2012 001 DO 5.3 mg/ L 6 mg/ L 08/31/2012 001 Flow 0.0030 mgd 0.003 mgd 08/17/2012 001 pH 4.1 su 6 su 08/17/2012 001 TSS 104 mg/ L 45 mg/ L 08/31/2012 001 TSS 45.33 mg/ L 30 mg/ L Date Outfall Parameter Monitoring Frequency - Violation 08/04/2012 001 BOD Weekly Failure to Monitor 08/11/2012 001 BOD Weekly Failure to Monitor 08/04/2012 001 Fecal coliform Weekly Failure to Monitor 08/11/2012 001 Fecal coliform Weekly Failure to Monitor 08/04/2012 001 DO Weekly Failure to Monitor 0811/2012 001 DO Weekly Failure to Monitor 08/04/2012 001 Flow Weekly Failure to Monitor 08/11/2012 001 Flow Weekly Failure to Monitor 08/04/2012 001 Ammonia Nitrogen Weekly Failure to Monitor SURFACE WATER PROTECTION SECTION—ASFIEVILLE REGIONAL OFPICL Location: 2090 U.S. Highway 70, Swannanoa, North Carolina 28778 Phone: 828-296-4500\ Pat: 828-299-7043 Internet: http://portal.nodenr.o[glweb/wg NorthCarolina An Equal Opportunity \ Affirmative Action Employer— iO% Recycled/] 0% Post Consumer paper Ms. Susan Glenn January 11, 2013 Page Two 0811/2012 001 Ammonia Nitrogen Weekly Failure to Monitor 08/04/2012 001 pH Weekly Failure to Monitor 08/11/2012 001 pH Weekly Failure to Monitor 08/04/2012 001 TSS Weekly Failure to Monitor 0811/2012 001 TSS Weekly Failure to Monitor 08/04/2012 001 TRC Twice Weekly Failure to Monitor 08/11/2012 001 TRC Twice Weekly Failure to Monitor A Notice of Violation/ Notice of Recommendation for Enforcement (NOV/ NRE) is being issued for the noted violation of North Carolina General Statute (G.S.) 143-215.1 and NPDES Permit No. NCO055611. 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) days after receipt of this Notice. A review of your response will be considered along with any information provided on the August 2012 Discharge Monitoring Report. 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, if not already implemented, should be taken to correct any problems. The Division of Water Quality may pursue enforcement actions for this and any additional violations. 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. You may contact this office for additional information. If you have questions concerning this matter, please do not hesitate to contact Janet Cantwell or me at 828/296-4500. Sincerely, Chuck Cranford, Regional Supervisor Surface Water Protection Section Asheville Regional Office cc: DWQ Asheville Files DWQ Central Files DWQ Point Source Branch SAS WP\Caldwell`lWastewater`N1iuors\Blackberry Ridge 55611`-N'OV-NRE-201 LM-0005.doc •pun0;'sualIr;IolA�' ulao;luoVq 1 Jane alutf 31aH ' ti fle1✓✓it .'t�:'"l.�i AS§'—' "rii_ Pill'.- /r lilt 4; r► „. .. ,� III ". - ► ... a101 A3uanbaaj 60Z111•+80 +�I�IaaAft OMO Hd }uanL83 600 ` "'al0!r1A3uanbaaj [j Z 60Z10180I�iaaids 00h00 - Hd ;uan103 600 ; P10i l88... '� �uanL3f ; b0U--------------------------- a Cj aloi;ldauanbaa� z WVtO180 /+I�aaA/1 plu0uauay'uaboal!N #uanL83 Wo .,uaa E] ...a1010%iuonbaa� E] Z 60ZI6[•i80 Aji aam —Ijo;inpuoj ui -moli juanL03 600 .1O1AA3uanbwj Z1.07ivM0 Aj�aam ... Injinpuoaul',Wtolj ;uanL43 1.00 El I ...WIA /sauanbaa j C] Z [OD I v80 dl�aam ...gossip 'uaWo 'qp juanLg3 6O0 H [ ] ... a1f 1A /Ouanbaa j F� Z 60ZfVoj80 dl�aam ...losslc 'ua6Gx0 '0c] ;uanUr3 100 M ... I-'IOI A3uanbBAJ (Q 7,1,07-!1.6180 �d�iaahA �I�Jleaa�'�iuo�1�00 juanL43 600' ( ag0l,riauanbaa� 7LOZlti0I80 k aC+ I� "1s11 r a0a uaaa t o �1VI �' 1.1 uan L88 600 ` !,1 houanbaaj Z 6OZI4 l•I80I%IaaiUt "at7 UZ) �,ei7-9 'a08 juanLU3 600 ��ol�,,�auanh2a� Z40ZI OI80 lgaah�1 a00Z�+�a�]-9'(108 juanLu3 604 TgoS : _u0!i la3sa(7, _ f Lsnuat�x _ ����7x __ _aid `?�.__ .__ _aa�au�orr d� �-- - uOJlaoo-1, TIIFJ Ono �1ryp :addl}�0da� pau6ls'sl ® popoda�l ION C) JuO dwo0 uo� �} 3ue11duao0 ��� 6V pa}aodaa �l�laej Jil'a 1a'aadsul sllaa0 [}uap10u1 uis>uia': uesri`g uua10 .aaunnp` Ila pla0 ;Auno0 , aJlrnaus • :u0168lir �eQ... uaa�$dg aart�aS fuaagMoelg :m1p B s.l!ala Z LOZ $0 :}a0da 16u1ao31uoW "s'{is lab „ ' :a fF7771 :00'S sgre a0 4`499900ON :Lluaaad , i r - - suop,101,haa�ll0 f ,suol}ril01A6upod@d suo�lagol( bul�0}r>aao.G}l uol�plo!r1�lAl� , „LirnitVi91ations Monitoring Violations;” Reporting Violation! ions. ` ---- . Permit: NC0055611� Details S4C AD: . D�t�rH Monitoring Report: � 08 2012 G��tails Facility:` (Blackberry Sevti?�er System � � � Details... Region: � sheville; . � ��Couniy: 'Cald�rell ! I " �� --� p �L Owner: Glenn 8iasan M intain... Incident: Details... Ins ect. Dt: C�fiaiis.. Facility. Reported As - r} Compliant Q Non Compliant C Nat Reported ® Is signed Rep�or[Type: DMR *Ouffal : Locai3o'n Parametar, *bite 'Manual E° *Desr. ri tlon SOC Limit *Caleul t r7it" 6 Over' -A€tion 001 Effluent BOD, 5-Day (2... 0WV2012 Monthly.Average... [ 30 30.0 ... rngA 2.6666... ,. 001 Effluent Coliform, Fec... 00A M012 E] Daily Maxirrrum ... [ 400 ... 1100 ... Vl 00ml 175 ... 001 Effluent DO, Oxygen_. 0Oil M012 E] Daily f-Ainirnurn ... 0 6 5.3 rngil 11.666... a 00'1 Effluent Flo•.,v, in cond... 0OMf2012 [] Monthly Average... Ej 0.0030... 0.0030... mgd 0 001 Effluent pH 0040L1 08�17i2U12 [❑ Daily hAinirnurri ... � 6 4.1 sr_i 31.U66... Ruent tflcls, Total ... 00fl M012 ❑ Daily Maximum ... [] 45 1 U4 ... nigh 13111... =8d001 UU1 uent liCis, Total .:. 00i31l2012 0.4onthlyA�erage... [ 30 145.33 ... Irrigil 51.111... e rnJ'-A', [t3itiate PJt1D iflitia=NOYTE�rm�it,Enior��arrpnt...� Inttr3feemarir tia�fe `ecalcralate C�t�Ah Help ;�inlsh ancel 7LimitViolationsfound ; Ready BID: VLLP _ T __. .__ A,a=�.: - _•tea, m .... , _f a— Dutfall Location rCr_,YnKts71 Permit, 4G0055611 V6rsi n.P.o -j ,statusct!yp OF Num: 001 Site: L paramefj VODN."ik 16'ad _ Lg� Lm-8a ' i 'M.. b ay I if i n 510 Geo.%N Goo r t F.. S m p T ... S IL MP BOD, 5-Day (20 Deg. C... 0 30 45 mgfl Weekly Grab E] Chlorine, Total Residu ... 0 28 ugli 2 Xwe... Grab E E] Coliform, Fecal MF, M-F ... 0 400 200 V 00ml Weekly Grab E lColiform, Fecal klF, M-F... 0 V1 00ml Weekly Grab U,D )rdgen, Dissolved... 0 6 mgA Weekly Grab E E] DO, Oxygen, Dissolved ... 0 mgA Weekly Grab U,D Flow, in conduit or thru ... 0 0.003 mgd Weekly Instant... E E] Nitrogen, Ammonia Tot... 0 11.1 35 mgfl Weekly Grab E El Nitrogen, Ammonia Tot... 0 mgfl Weekly Grab E Nitrogen, Total (as N) - ... 0 mgfl Quarto... Grab E pH - 00400 0 0 6 su Weekly Grab E Phosphorus, Total (as ... 0 mgfl Quarto... Grab E Solids, Total Suspencle ... 0 30 45 mgfl Weekly Grab E Ej Temperature, water De... 0 deg c 5 X we... Grab E BOD. 5-Day (20 Deg. C ... 0 30 45 m gf] Weekly Grab E g INitrogen, Ammonia Tot... 0 11.1 35 m gil Weekly Grab E R.1 Nitrogen, Ammonia Tot... 0 mgfl Weekly Grab E Nitrogen, Total (as N) - ... 0 mg/I Quarto... Grab E Phosphorus, Total (as ... 0 mgfl Duarte... Grab E Solids, Total Sus pencle .... 0 30 45 rn CIA WeekIv Grab E Cantwell, Janet From: Menzel, Jeff Sent: Thursday, December 13, 2012 9:52 AM To: Cantwell, Janet Subject: FW: Blackberry Sewer Update Haven't heard back from Sue yet. From: Menzel, Jeff Sent: Friday, December 07, 2012 3:54 PM To: 'Sue Glenn' Subject: RE: Blackberry Sewer Update Sue, Same request as the one in October. Keep both Chuck and myself updated via email on progress made at the facility until we have determined that it is maintaining consistent compliance. Also please let us know if you will be able to acquire those past DMRs. Thanks for your assistance. Jeff Jeff Menzel - jeff.menzel@ncdenr.gov North Carolina Dept. of Environment and Natural Resources Asheville Regional Office Division of Water Quality - Surface Water Protection Section 2090 U.S. 70 Highway Swannanoa, NC 28778 Tel: 828-296-4500 Fax: 828-299-7043 E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Sue Glenn[mailto:sueglenn0ablowing rockrealty.com] Sent: Wednesday, October 17, 2012 3:37 PM To: Menzel, Jeff Cc: Cranford, Chuck Subject: Re: Blackberry Sewer Update Jeff, Chuck, WQ Labs has resumed complete operation of my plant, has fixed everything that was noted to be out of order, and is supposed to be sending in the monthly reports. If you are not receiving the reports, please let me know immediately. As far as I know, we have been in complete compliance since they made the repairs within a couple days of your last visit with me. The cost of their current service arrangement is approximately $1,100 per month. I am continuing to work with Mike Wilcox from the Town of Blowing Rock to complete the switchover of the Gideon Ridge connections to the Town. I have called engineer Marion Rothrock to try to arrange a meeting with him and Mike Wilcox to get some of the last questions answered about that. With increased activity in the real estate business here and resolution of the Gideon Ridge switchover soon, I hope to be able to make a commitment to tackle back fines soon. Thank you for working with me on this. Sincerely, Sue Glenn From: Menzel, Jeff Sent:. Wednesday, October 17, 2012 2:07 PM To: Sue Glenn Cc: Cranford, Chuck Subject: FW;_ Blackberry Sewer Update ._ Sue, Per our conversation today, I am sending this request again. as I never received a response in September. Keep both Chuck and myself updated weekly via email on progress made at the facility until we have determined that it is maintaining consistent compliance. Thanks for your assistance. Jeff Jeff Menzel - mailto:ieff.menzel@ncmail.net North Carolina Dept. of Environment and Natural Resources Asheville Regional Office Division of Water Quality - Surface Water Protection Section 2090 U.S. 70 Highway Swannanoa, NC 28778 Tel: 828-296-4500 Fax: 828-299-7043 E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Menzel, Jeff Sent: Thursday, September 06, 2012 10:11 AM To: 'Sue Glenn' Cc: Cranford, Chuck Subject: RE: Blackberry Sewer Update Sue, As part of our process a Notice of Violation is being sent today based on the inspection conducted on 8-14. It documents our findings at the plant and details the actions which need to be taken. Keep us updated weekly via email 2 on progress made at the facility until we have determined that it is maintaining consistent compliance. Please let me know if you have any questions or concerns. Thanks, Jeff Jeff Menzel - mailto:ieff.menzel@ncmail.net North Carolina Dept. of Environment and Natural Resources Asheville Regional Office Division of Water Quality - Surface Water Protection Section 2090 U.S. 70 Highway Swannanoa, NC 28778 Tel: 828-296-4500 Fax: 828-299-7043 E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Sue Glenn[mailto:sueglennCabblowingrockrealty.com] Sent: Monday, August 20, 2012 10:20 AM To: Guerra, Bob; Cranford, Chuck Cc: Menzel, Jeff; Guerra, Bob Subject: Re: Blackberry Sewer Update Gentlemen: I just spoke with Jadd Brewer from WQ Labs to see how his operator and my sewer plant got along. He tells me that the belt was replaced, lime was added, and the plant is running smoothly. A new UV bulb has been ordered. I asked him about the submission of the old monthly reports. He didn't know the answer to my question but said he would check on it and would follow up to see that they have been submitted. Have a good week! Thanks again, Sue Glenn, Broker ABR, CRS, CRB, GRI Blowing Rock Realty PO Box 1770 Blowing Rock, NC 28605 828-295-9861 Toll free 1-800-255-9861 www.Blowin.RockRealty.com From: Guerra, Bob Sent: Thursday, August 16, 2012 8:54 AM To: Cranford, Chuck ; Sue Glenn Cc: Menzel, Jeff ; Guerra, Bob Subject: RE: Black -berry _Sewer Update: _ Thanks to everyone for the efforts to address all the problems — past and future. 3 Sue, i will get copies of all the past due invoices for your Annual compliance fees and see if we can set up a payment plan to address these fees before your permit renewal next year. From: Cranford, Chuck Sent: Thursday, August 16, 2012 7:57 AM To: Sue Glenn Cc: Menzel, Jeff; Guerra, Bob Subject: RE: Blackberry Sewer Update Morning Sue — Thank you for the information. Please keep us posted as to the status of the plant once the operator has visited. We appreciate your cooperation. Best, Chuck Chuck Cranford Supervisor, Surface Water Protection Section Division of Water Quality Asheville Regional Office 2090 U.S. 70 Highway Swannanoa, NC 28778 Tel: 828-296-4500 Fax: 828-299-7043 chuck.cranford@ncdenr.gov Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties unless the content is exempt by statute or other regulation. From: Sue Glenn[mailto:suealenn@blowingrockrealty.com] Sent: Wednesday, August 15, 2012 6:05 PM To: Cranford, Chuck; Menzel, Jeff Subject: Blackberry Sewer Update Gentlemen: Thank you for meeting with me yesterday, for hearing me out, and for helping me find some possible solutions for what seemed an impossible situation. I contact Jadd Brewer with WQ Labs in Banner Elk and worked some things out. I am confirming things with him, but I think we have re-established a working relationship. They have asked that I pre -pay for monthly services and will look toward my settlement with the Town of Blowing Rock to take care of the back bill of approximately $12,000. In return, Jadd told me that he was sending an operator out to my site today to "get it up and running." They will also send in the monthly reports from January- through April of this year and will send in the monthly monitoring reports from here on have sent his check along with a statement of my understanding of this arrangement. The Town of Blowing Rock did move forward with the annexation of the Blue Ridge Vista condominiums, with a final vote next month. I did. get to speak with the Town engineer, Doug Chapman, at that Council Meeting last night. He felt that the cost of connection to the Town sewer for the Blackberry Ridge condos would require at least two lift stations and would cost"hundreds of thousands of dollars". I'll question him a bit further about why he came up with such a huge off -the - top -of -his -head estimate, but he also encouraged me to explore the shared septic system for the Blackberry Ridge condos as an alternative and seemed to regard the Gideon Ridge connection as something that had already been done. I did also speak with the fellow in charge of the municipal utilities, Mike Wilcox. He had one of his employees call me, but it turned out that the referred employee was not adequately certified to do the job. That employee, however, referred me to another man, whom I will contact in the next couple days to take a look at things and let me know what he could do as a back-up operator or perhaps as an alternative to WQ. So, I think we made huge headway yesterday and today, and I'll update you further as I have more news. Again, thank you for your help. Sincerely, Sue Glenn, Broker ABR, CRS, CRB, GRI Blowing Rock Realty PO Box 1770 Blowing Rock, NC 28605 828-295-9861 Toll free 1-800-255-9861 www.BlowingRockRealty.com EFFLUENT ES PERMIT No. N00055611 DISCHARGE NO. 001 MONTH AUGUST YEAR 2012 ACILITY ES Blackberry Ridge CLASS II COUNTY Caldwell OPERATOR IN RESPONSIBLE CHARGE (ORC) Brandon Huges GRADE II PHONE (828) 898-6277 CERTIFIED LABORATORIES (1) Water Quality Lab & Operations, Inc. CHECK BOX IF ORC HAS CHANGED [ ] PERSON(S) COLLECTING SAMPLES Brandon Huge. Mail ORIGINAL and ONE COPY to: ATTN: CENTRAL FILES -� _ , DIVISION OF WATER QUC�TY' 1617 MAIL SERVICE CENTER SEP 2 8 2012 RALEIGH, NC 27699-1617,-,, (SIGNATURE OF OPERATOR IN RESPONSIBLE CHARGE) (DATE) BY THIS SIGNATURE, I CERTIFY THAT THIS REPORT IS ACCURATE AND COMPLETE TO THE BEST OF MY KNOWLEDGE 50050: �00010;0040 500 O 00310 00610 00530 31616 00300 00600 00665 00076 00095 00556 FLOW 1- 7�8IVI%`ad� O A E R R O E O R C T E R COBOD N A S U OC F L D 1 N 1 P H O T U C EFF [x] R I R D M C E HM I S S i E I 0 S T S R D O G D A A O A E L S LM T O P 0 C F S X R P g U I R A r TV A T N L RS Ph [o DR00 R L T E AO Y 0G O H IT C LE EORL OR SY A I IN I N L R L E G 0 D I A S I U 3 A N I E L D S M V N E R I V & E T R R L E A N E N U T TIME TIME E A E D ° S Y T 2400 ON T GEOMETRIC Y E SITE MEAN Total Total HRS HRS YIN MGD C UNIT UGIL MG1L MGIL MG/L.Q,••; h'Id , ... °cfJIt00ML 'MGIL MG/L MG/L NTU umhos/cm MG/L 2r N'-ll.`'{•Jfr . �" .may+.. . i T 5 ;r. 7 T . ~e. N _ 8 9 t 10 SSG' \C� 11 12 13 14 >. N 15 1100 1.5 B 19 161 1250 0.5 B 21 <15" 17 1255 0.8 B 0.0030 20 4.1 <15 38 8.19 If 104 1100 5.3 18 19 20 1146 0.5 B 22 21 1220 0.7 B 21 22 1325 1.3 B 21 16.4 5.89 22 84 23 1221 0.5 B 20 <15 24 809 0.5 B 0.0030 19 7.9 <15 6.3 25 26 27 805 0.5 B 19 28 1322 0.5 B 19 29 12381 0.3 B 20 38 < 0.20 101 4 30 8261 1.0 B 20 <15 31 8081 0.51 B 1 0.0030 20 7.1 <15 w 6.9 AVERAGE 0.0030 20 UV 30.8 4.76 45 72 6.2 ##11## ####1# MAXIMUM 0.0030 22 7.9 UV 38 8.19 1 4 1100 6.9 0.00 0.00 MINIMUM 0.0030 19 4.1 UV 16.4 0.20 10 4 5.3 0.00 0.00 COMP. C/ GRAB G G G G G G G G G G G MONTHLY LIMIT 0.003 6-9 28 30-45 11.10 30-45 200-400 >6 Facility Status: (Please check one of the following) All monitoring data and sampling frequencies meet permit requirements All monitoring data and sampling frequencies do NOT meet permit requirements �X If the facility is noncompliant, please comment on corrective actions being taken in respect to equipment, operation, maintenance, etc., and a time table for improvements to be made. Blackberry Ridge had on ORC or operator from May the 1st until August 14th because of non-payment to the operations company. The plant was very septic and the operator could not get the plant in compliance for the monthly limits for BOD, or TSS. "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 persons 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." Jadd Brewer er ;tt Print or T ) ,-,// of Perm ittee)** (Date) PO Box 1770, Blowing Rock, NC, 28605 828-265-9861 10/31/2003 Permittee Address Phone Number Permit Exp. Date PARAMETER CODES 00010 Temperature 00556 Oil and Grease 00950 Dissolved Flouride 01077 Silver 39516 PCPS 00065 Steam Stage 00600 Total Nitrogen 01002 Total Arsenic 01087 Total Vanadium 39941 Roundup 00076 Turbidity 00610 Ammonia Nitrogen 01027 Cadmium 01092 Zinc 50047 Maximum Flow during 24-hr. period 00300 Dissolved Oxygen 00625 Total Kjeldahl Nitrogen 01032 Hexavalent Chromium 01105 Total Aluminum 50084 Minimum flow during 24-hr. period 00310 BOD 00665 Total Phosphorous 01034 Chromium 01147 Total selenium 50050 Flow 00340 COD 00720 Cyanide 01037 Total Cobalt 31504 Total Coliform 50060 Total Residual Chlorine 00400 pH 00745 Total Sulfide 01042 Copper 31614 Fecal Coliform, MPN, Tube 71880 Formaldehyde 00500 Total Solids 00927 Total Magnesium 01045 Total Iron 31616 Fecal Coliform 71900 Mercury 00530 TSS 00929 Total Sodium 01051 Lead 32730 Total Phenolics 81318 Ferrocyanides 00545 Settleable Solids 00940 Total Chloride 01067 Nickle 38260 MBAS 85652 Time The monthly average for fecal coliform is to be reported as a GEOMETRIC mean. Use only units designated in the reporting facility's permit for reporting data. * ORC must visit facility and document visitation of facility as requires per 15A NCAC 8A .0202 (b) (5) (B). ** if Signed by other than the permittee, delegation of signatory authority must be on file with the state per 15A NCAC 2B .0506 (b) (2) (D). RMIT NO FACILITY NAME STREAM Location NC0055611 Blackberry Ridge Yadkin River 100 feet upstream UPSTREAM STREAM DISCHARGE NO. 001 • 00 a GEOMETRIC MEAN MM COUNTY Caldwell STREAM Location MONTH AUGUST YEAR 2012 Yadkin River 300 Feet downstream DOWNSTREAM 00 . . . �NITORING REPORT(MR) VIOLATIONS for: Report Date: 01/08/13 Page: 1 of 10 �� Permit: NCO055611 � . MRs,Between. ` 120.08 and: 1 20�13 Region:% Violation Category: % 'Program Category: Facility Name: % Param Name: % County: % Subbasin: % Violation Action: % Major -Minor: °fo , PERMIT: NCO055611 FACILITY: Susan Glenn -Blackberry Sewer System COUNTY: Caldwell REGION: Asheville Limit Violation MONITORING OUTFALL / VIOLATION UNIT OF CALCULATED REPORT PPI LOCATION PARAMETER DATE FREQUENCY MEASURE LIMIT VALUE % OVER LIMIT VIOLATION TYPE VIOLATION ACTION 08 -2012 001 Effluent BOD, 5-Day (20 Deg. C) - 08/31/12 Weekly mg/I 30 30.8 2.67 Monthly Average Exceeded None Concentration 08 -2012 001 Effluent Coliform, Fecal MF, M-FC 08/17/12 Weekly #/100ml 400 1,100 175 Daily Maximum Exceeded None Broth,44:5C 08 -2012 001 Effluent DO, Oxygen, Dissolved 08/17/12 Weekly mg/I 6 5.3 11.67 Daily Minimum Not Reached None 08 -2012 001 Effluent Flow, in conduit or thru 08/31/12 Weekly mgd 0.003 0.003 0 Monthly Average Exceeded None treatment plant 08 -2012 001 Effluent Solids, Total Suspended - 08/17/12 Weekly mg/I 45 104 131.11 Daily Maximum Exceeded None Concentration 08 -2012 001 Effluent Solids, Total Suspended - 08/31/12 Weekly mg/I 30 45.33 51.11 Monthly Average Exceeded None Concentration 08 -2012 001 Effluent pH 08/17/12 Weekly su 6 4.1 31.67 Daily Minimum Not Reached None Monitoring Violation MONITORING OUTFALL/ VIOLATION UNIT OF CALCULATED REPORT PPI LOCATION PARAMETER DATE FREQUENCY MEASURE' LIMIT VALUE % OVER LIMIT VIOLATION TYPE VIOLATION ACTION 05 -2008 001 Effluent BOD, 5-Day (20 Deg. C) 05/03/08 Weekly mg/I Frequency Violation No Action, BIMS Calculation Error 04 -2009 001 Effluent BOD,,5-Day (20 Deg. C) - 04/04/09 Weekly mg/I Frequency Violation No Action, BIMS Concentration Calculation Error 06 -2009 001 Effluent BOD, 5-Day (20 Deg. C) - 06/06/09 Weekly mg/I Frequency Violation Proceed to Concentration Enforcement Case 06 -2009 001 Effluent BOD, 5-Day (20 Deg. C) - 06/13/09 Weekly mg/I Frequency Violation Proceed to Concentration Enforcement Case 06 -2009 001 Effluent BOD, 5-Day (20 Deg. C) - 06/20/09 Weekly mg/I Frequency Violation Proceed to Concentration Enforcement Case PWITORING REPORT(MR) VIOLATIONS for: Report Date: 01/08/13 Page: 2 of 10 Pemi`it: NC0055611 Mks Between;' 1 2008 and 1-2013 Region: °/d ., Violatiori Category: °/a Program Category: °lo A Facility'Name: °lo = Param Nam®% _ County: %° Subbasin: °fa Violation Action: Maaorpmor. °!a, PERMIT: NCO055611 FACILITY: Susan Glenn -Blackberry Sewer System COUNTY: Caldwell REGION: Asheville Monitoring Violation MONITORING OUTFALL/ VIOLATION UNIT OF CALCULATED REPORT PPI LOCATION PARAMETER DATE FREQUENCY MEASURE LIMIT VALUE % OVER LIMIT VIOLATION TYPE VIOLATION ACTION 06 -2009 001 Effluent BOD, 5-Day (20 Deg. C) - 06/27/09 Weekly mg/I Frequency Violation Proceed to Concentration Enforcement Case 07 -2009 001 Effluent BOD, 5-Day (20 Deg. C) - 07/04/09 Weekly mg/l Frequency Violation No Action, BPJ Concentration 09 -2010 001 Effluent BOD, 5-Day (20 Deg. C) - 09/04/10 Weekly mg/I Frequency Violation No Action, Facility Concentration Reporting Error 10 -2010 001 Effluent BOD, 5-Day (20 Deg. C) - 10/16/10 Weekly mg/I Frequency Violation Proceed to Concentration Enforcement Case 07 -2011 001 Effluent BOD, 5-Day (20 Deg. C) - 07/02/11 Weekly mg/I Frequency Violation Proceed to NOV Concentration 09 -2011 001 Effluent BOD, 5-Day (20 Deg. C) - 09/03/11 Weekly mg/I Frequency Violation Proceed to NOV Concentration 08 -2012 001 Effluent BOD, 5-Day (20 Deg. C) - 08/04/12 Weekly mg/I Frequency Violation None Concentration 08 -2012 001 Effluent BOD, 5-Day (20 Deg. C) - 08/11/12 Weekly mg/I Frequency Violation None Concentration 05 -2008 001 Effluent Coliform, Fecal MF, M-FC 05/03/08 Weekly #/100ml Frequency Violation No Action, BIMS Broth,44.5C Calculation Error 06 -2009 001 Effluent Coliform, Fecal MF, M-FC 06/06/09 Weekly #/100ml Frequency Violation Proceed to Broth,44.5C Enforcement Case 06 -2009 001 Effluent Coliform, Fecal MF, M-FC 06/13/09 Weekly #/100ml Frequency Violation Proceed to Broth,44.5C Enforcement Case 06 -2009 001 Effluent Coliform, Fecal MF, M-FC 06/20/09 Weekly #/100ml Frequency Violation Proceed to Broth,44.5C Enforcement Case 06 -2009 001 Effluent Coliform, Fecal MF, M-FC 06/27/09 Weekly #/100ml Frequency Violation Proceed to Broth,44.5C Enforcement Case 07 -2009 001 Effluent Coliform, Fecal MF, M-FC 07/04/09 Weekly #/100ml Frequency Violation No Action, BPJ Broth,44.5C IITORING REPORT(MR) VIOLATIONS for: Report Date: 01/08/13 Page: 3 of 10 Permit: 4VCt1055611' MRsBetweeh': 1-2 ©$ ` and e' 1-2013 Region:b'/o Violation Category: alo Program Category:,%` Facility, Name: % Param Name: % County: % Subbasin: Flo Violation Action: °lo Major Minor: % a a , PERMIT: NCO055611 FACILITY: Susan Glenn - Blackberry Sewer System COUNTY: Caldwell REGION: Asheville Monitoring Violation MONITORING OUTFALL / VIOLATION UNIT OF CALCULATED REPORT PPI LOCATION PARAMETER DATE FREQUENCY MEASURE LIMIT VALUE % OVER LIMIT VIOLATION TYPE VIOLATION ACTION 09 -2010 001 Effluent Coliform, Fecal MF, M-FC 09/04/10 Weekly #/100ml Frequency Violation No Action, Facility Broth,44.5C Reporting Error 10 -2010 001 Effluent Coliform, Fecal MF, M-FC 10/16/10 Weekly #/100ml Frequency Violation Proceed to Broth,44.5C Enforcement Case 07 -2011 001 Effluent Coliform, Fecal MF, M-FC 07/02/11 Weekly #/100ml Frequency Violation Proceed to NOV Broth,44.5C 09 -2011 001 Effluent Coliform, Fecal MF, M-FC 09/03/11 Weekly #/100ml Frequency Violation Proceed to NOV Broth,44.5C 08 -2012 001 Effluent Coliform, Fecal MF, M-FC 08/04/12 Weekly #/100ml Frequency Violation None Broth,44.5C 08 -2012 001 Effluent Coliform, Fecal MF, M-FC 08/11/12 Weekly #/100ml Frequency Violation None Broth,44.5C 05 -2008 001 Effluent DO, Oxygen, Dissolved 05/03/08 Weekly mg/I Frequency Violation No Action, BIMS Calculation Error 06 -2009 001 Effluent DO, Oxygen, Dissolved 06/06/09 Weekly mg/I Frequency Violation Proceed to Enforcement Case 06 -2009 001 Effluent DO, Oxygen, Dissolved 06/13/09 Weekly mg/I Frequency Violation Proceed to Enforcement Case 06 -2009 001 Effluent DO, Oxygen, Dissolved 06/20/09 Weekly mg/I Frequency Violation Proceed to Enforcement Case 06 -2009 001 Effluent DO, Oxygen, Dissolved 06/27/09 Weekly mg/I Frequency Violation Proceed to Enforcement Case 07 -2009 001 Effluent DO, Oxygen, Dissolved 07/04/09 Weekly mg/1 Frequency Violation No Action, BPJ 09 -2010 001 Effluent DO, Oxygen, Dissolved 09/04/10 Weekly mg/I Frequency Violation No Action, Facility Reporting Error 07 -2011 001 Effluent DO, Oxygen, Dissolved 07/02/11 Weekly mg/I Frequency Violation Proceed to NOV PMITORING REPORT(MR) VIOLATIONS for: Report Date: 01/08/13 Page: 4 of 10 r Permit: NC005561,1 .77 MRs Between: 1-2008 and 1-2013 Region: %, Violation Category: % Program Category: % Facility Naiiie: °,(a. .: , ; Param Name: % County: % , �� � � Subbasin: Flo Violation Action. % �; e ..Major Minor: °>a PERMIT: NCO055611 FACILITY: Susan Glenn -Blackberry Sewer System COUNTY: Caldwell REGION: Asheville Monitoring Violation MONITORING OUTFALL / VIOLATION UNIT OF CALCULATED REPORT PPI LOCATION PARAMETER DATE FREQUENCY MEASURE LIMIT VALUE % OVER LIMIT VIOLATION TYPE VIOLATION ACTION 09 -2011 001 Effluent DO, Oxygen, Dissolved 09/03/11 Weekly mg/I Frequency Violation Proceed to NOV 08 -2012 001 Effluent DO, Oxygen, Dissolved 08/04/12 Weekly mg/I Frequency Violation None 08 -2012 001 Effluent DO, Oxygen, Dissolved 08/11/12 Weekly mg/I Frequency Violation None 05 -2008 001 Effluent Flow, in conduit or thru 05/03/08 Weekly mgd Frequency Violation No Action, BIMS treatment plant Calculation Error 06 -2009 001 Effluent Flow, in conduit or thru 06/06/09 Weekly mgd Frequency Violation Proceed to treatment plant Enforcement Case 06 -2009 001 Effluent Flow, in conduit or thru 06/13/09 Weekly mgd Frequency Violation Proceed to treatment plant Enforcement Case 06 -2009 001 Effluent Flow, in conduit or thru 06/20/09 Weekly mgd Frequency Violation Proceed to treatment plant Enforcement Case 06 -2009 001 Effluent Flow, in conduit or thru 06/27/09 Weekly mgd Frequency Violation Proceed to treatment plant Enforcement Case 07 -2009 001 Effluent Flow, in conduit or thru 07/04/09 Weekly mgd Frequency Violation No Action, BPJ treatment plant 09 -2010 001 Effluent Flow, in conduit or thru 09/04/10 Weekly mgd Frequency Violation No Action, Facility treatment plant Reporting Error 10 -2010 001 Effluent Flow, in conduit or thru 10/23/10 Weekly mgd Frequency Violation Proceed to treatment plant Enforcement Case 10 -2010 001 Effluent Flow, in conduit or thru 10/30/10 Weekly mgd Frequency Violation Proceed to treatment plant Enforcement Case 07 -2011 001 Effluent Flow, in conduit or thru 07/02/11 Weekly mgd Frequency Violation Proceed to NOV treatment plant 09 -2011 001 Effluent Flow, in conduit or thru 09/03/11 Weekly mgd Frequency Violation Proceed to NOV treatment plant FFITORING REPORT(MR) VIOLATIONS for: Report Date: 01/08/13 Page: 5 of 10 PERMIT: NCO055611 FACILITY: Susan Glenn -Blackberry Sewer System COUNTY: Caldwell REGION: Asheville Monitoring Violation MONITORING OUTFALL/ VIOLATION UNIT OF CALCULATED REPORT PPI LOCATION PARAMETER DATE FREQUENCY MEASURELIMIT VALUE % OVER LIMIT VIOLATION TYPE VIOLATION ACTION 08 -2012 001 Effluent Flow, in conduit or thru 08/04/12 Weekly mgd Frequency Violation None treatment plant 08 -2012 001 Effluent Flow, in conduit or thru 08/11/12 Weekly mgd Frequency Violation None treatment plant 05 -2008 001 Effluent Nitrogen, Ammonia Total (as 05/03/08 Weekly mg/I Frequency Violation No Action, BIMS N) Calculation Error 04 -2009 001 Effluent Nitrogen, Ammonia Total (as 04/04/09 Weekly mg/I Frequency Violation No Action, BIMS N) - Concentration Calculation Error 06 -2009 001 Effluent Nitrogen, Ammonia Total (as 06/06/09 Weekly mg/I Frequency Violation Proceed to N) - Concentration Enforcement Case 06 -2009 001 Effluent Nitrogen, Ammonia Total (as 06/13/09 Weekly mg/I Frequency Violation Proceed to N) - Concentration Enforcement Case 06 -2009 001 Effluent Nitrogen, Ammonia Total (as 06/20/09 Weekly mg/I Frequency Violation Proceed to N) - Concentration Enforcement Case 06 -2009 001 Effluent Nitrogen, Ammonia Total (as 06/27/09 Weekly mg/I Frequency Violation Proceed to N) - Concentration Enforcement Case 07 -2009 001 Effluent Nitrogen, Ammonia Total (as 07/04/09 Weekly mg/I Frequency Violation No Action, BPJ N) - Concentration 09 -2010 001 Effluent Nitrogen, Ammonia Total (as 09/04/10 Weekly mg/I Frequency Violation No Action, Facility N) - Concentration Reporting Error 10 -2010 001 Effluent Nitrogen, Ammonia Total (as 10/16/10 Weekly mg/1 Frequency Violation Proceed to N) - Concentration Enforcement Case 07 -2011 001 Effluent Nitrogen, Ammonia Total (as 07/02/11 Weekly mg/I Frequency Violation Proceed to NOV N) - Concentration 09 -2011 001 Effluent Nitrogen, Ammonia Total (as 09/03/11 Weekly mg/I Frequency Violation Proceed to NOV N) - Concentration 08 -2012 001 Effluent Nitrogen, Ammonia Total (as 08/04/12 Weekly mg/I Frequency Violation None N) - Concentration "FIITORING REPORT(MR) VIOLATIONS for: Report Date: 01/08/13 Page: 6 of 10 � e hermit: NC0055611 .vr: ,_ MRs Between: 1 2008 and 1-2013 Re ion: % � 9 Violation-Violationo - fl 9 ry-o. Program.Category:•% . FaciliName: %Param -, Name: °la County: %Subbasin: , ��� Violation Action: % _ n . Major_ Minor: % PERMIT: NCO055611 FACILITY: Susan Glenn.- Blackberry Sewer System COUNTY: Caldwell REGION: Asheville Monitoring Violation MONITORING OUTFALL/ VIOLATION UNIT OF CALCULATED REPORT PPI LOCATION PARAMETER DATE FREQUENCY MEASURE LIMIT VALUE % OVER LIMIT VIOLATION TYPE VIOLATION ACTION 08 -2012 001 Effluent Nitrogen, Ammonia Total (as 08/11/12 Weekly mg/I Frequency Violation None N) - Concentration 09 -2008 001 Effluent Nitrogen, Total (as N) 09/30/08 Quarterly mg/1 Frequency Violation Proceed to Enforcement Case 12 -2008 001 Effluent Nitrogen, Total (as N) 12/31/08 Quarterly mg/I Frequency Violation Proceed to Enforcement Case 09 -2010 001 Effluent Nitrogen, Total (as N) - 09/30/10 Quarterly mg/I Frequency Violation Proceed to Concentration Enforcement Case 09 -2008 001 Effluent Phosphorus, Total (as P) 09/30/08 Quarterly mg/I Frequency Violation Proceed to Enforcement Case 12 -2008 001 Effluent Phosphorus, Total (as P) 12/31/08 Quarterly mg/I Frequency Violation Proceed to Enforcement Case 09 -2010 001 Effluent Phosphorus, Total (as P) - 09/30/10 Quarterly mg/I Frequency Violation Proceed to Concentration Enforcement Case 05 -2008 001 Effluent Solids, Total Suspended 05/03/08 Weekly mg/1 Frequency Violation No Action, BIMS Calculation Error 04 -2009 001 Effluent Solids, Total Suspended - 04/04/09 Weekly mg/I Frequency Violation No Action, BIMS Concentration Calculation Error 06 -2009 001 Effluent Solids, Total Suspended - 06/06/09 Weekly mg/I Frequency Violation Proceed to Concentration Enforcement Case 06 -2009 001 Effluent Solids, Total Suspended - 06/13/09 Weekly mg/I Frequency Violation Proceed to Concentration Enforcement Case 06 -2009 001 Effluent Solids, Total Suspended - 06/20/09 Weekly mg/I Frequency Violation Proceed to Concentration Enforcement Case 06 -2009 001 Effluent Solids, Total Suspended - 06/27/09 Weekly mg/I Frequency Violation Proceed to Concentration Enforcement Case 07 -2009 001 Effluent Solids, Total Suspended - 07/04/09 Weekly mg/I Frequency Violation No Action, BPJ Concentration ORT(MR) VIOLATIONS for: Report Date: 01/08/13 Page: 7 of 10 55611 r �—a -- MRs Between: l -k08 and 1-2013 Reglon: % , o ° Violation Category: Qjo Program Category. °lff j a Param Name: % County: % Subbasin: °la Violation Action: % } PERMIT: NCO055611 FACILITY: Susan Glenn - Blackberry Sewer System COUNTY: Caldwell REGION: Asheville Monitoring Violation MONITORING OUTFALL / VIOLATION UNIT OF CALCULATED REPORT PPI LOCATION PARAMETER DATE FREQUENCY MEASURE LIMIT VALUE /o OVER LIMIT VIOLATION TYPE VIOLATION ACTION 09 -2010 001 Effluent Solids, Total Suspended - 09/04/10 Weekly mg/I Frequency Violation No Action, Facility Concentration Reporting Error 10 -2010 001 Effluent Solids, Total Suspended - 10/16/10 Weekly mg/I Frequency Violation Proceed to Concentration Enforcement Case 07 -2011 001 Effluent Solids, Total Suspended - 07/02/11 Weekly mg/I Frequency Violation Proceed to NOV Concentration 09 -2011 001 Effluent Solids, Total Suspended - 09/03/11 Weekly mg/I Frequency Violation Proceed to NOV Concentration 08 -2012 001 Effluent Solids, Total Suspended - 08/04/12 Weekly mg/I Frequency Violation None Concentration 08 -2012 001 Effluent Solids, Total Suspended - 08/11/12 Weekly mg/I Frequency Violation None Concentration 05 -2008 001 Effluent Temperature, Water Deg. 05/03/08 5 X week deg c Frequency Violation No Action, BIMS Centigrade Calculation Error 06 -2009 001 Effluent Temperature, Water Deg. 06/06/09 5 X week deg c Frequency Violation Proceed to Centigrade Enforcement Case 06 -2009 001 Effluent Temperature, Water Deg. 06/13/09 5 X week deg c Frequency Violation Proceed to Centigrade Enforcement Case 06 -2009 001 Effluent Temperature, Water Deg. 06/20/09 5 X week deg c Frequency Violation Proceed to Centigrade Enforcement Case 06 -2009 001 Effluent Temperature, Water Deg. 06/27/09 5 X week deg c Frequency Violation Proceed to Centigrade Enforcement Case 07 -2009 001 Effluent Temperature, Water Deg. 07/04/09 5 X week deg c Frequency Violation No Action, BPJ Centigrade 04 -2010 001 Effluent Temperature, Water Deg. 04/03/10 5 X week deg c Frequency Violation Proceed to NOV Centigrade 04 -2010 001 Effluent Temperature, Water Deg. 04/10/10 5 X week deg c Frequency Violation Proceed to NOV Centigrade ITORING REP Permit: 'NG00 Facility Name: % Major Minor % ITORING REPORT(MR) VIOLATIONS for: Report Date: 01/08/13 PERMIT: NCO055611 FACILITY: Susan Glenn -Blackberry Sewer System COUNTY: Caldwell REGION: Asheville Monitoring Violation MONITORING OUTFALL/ VIOLATION UNIT OF CALCULATED REPORT PPI LOCATION PARAMETER DATE FREQUENCY MEASURE LIMIT VALUE % OVER LIMIT VIOLATION TYPE VIOLATION ACTION 04 -2010 001 Effluent Temperature, Water Deg. 04/17/10 5 X week deg c Frequency Violation Proceed to NOV Centigrade 04 -2010 001 Effluent Temperature, Water Deg. 04/24/10 5 X week deg c Frequency Violation Proceed to NOV Centigrade 05 -2010 001 Effluent Temperature, Water Deg. 05/01/10 5 X week deg c Frequency Violation No Action, BPJ Centigrade 09 -2010 001 Effluent Temperature, Water Deg. 09/04/10 5 X week deg c Frequency Violation No Action, Facility Centigrade Reporting Error 10 -2010 001 Effluent Temperature, Water Deg. 10/16/10 5 X week deg c Frequency Violation Proceed to Centigrade Enforcement Case 10 -2010 001 Effluent Temperature, Water Deg. 10/23/10 5 X week deg c Frequency Violation Proceed to Centigrade Enforcement Case 07 -2011 001 Effluent Temperature, Water Deg. 07/02/11 5 X week deg c Frequency Violation Proceed to NOV Centigrade 09 -2011 001 Effluent Temperature, Water Deg. 09/03/11 5 X week deg c Frequency Violation Proceed to NOV Centigrade 08 -2012 001 Effluent Temperature, Water Deg. 08/04/12 5 X week deg c Frequency Violation None Centigrade 08 -2012 001 Effluent . Temperature, Water Deg. 08/11/12 5 X week deg c Frequency Violation None Centigrade 08 -2012 001 Effluent Temperature, Water Deg. 08/18/12 5 X week deg c Frequency Violation None Centigrade 05 -2008 001 Effluent pH 05/03/08 Weekly su Frequency Violation No Action, BIMS Calculation Error 06 -2009 001 Effluent pH 06/06/09 Weekly su Frequency Violation Proceed to Enforcement Case 06 -2009 001 Effluent pH 06/13/09 Weekly su Frequency Violation Proceed to Enforcement Case PUFIITORING REPORT(MR) VIOLATIONS for: Report Date: 01/08/13 Page: 9 of 10 Permlt - NC0055611 MRs'Between: 1 2008 and 1-2013 Region: °!°_ Violation Category: % Program Category: % i Param,Name: °lo Count % Subbasin: % Violation Action: °lo Facility Name: "°°" y. � MajorMinor. PERMIT: NCO055611 FACILITY: Susan Glenn -Blackberry Sewer System COUNTY: Caldwell REGION: Asheville Monitoring Violation MONITORING OUTFALL/ VIOLATION UNIT OF CALCULATED REPORT PPI LOCATION PARAMETER DATE FREQUENCY MEASURE LIMIT VALUE % OVER LIMIT VIOLATION TYPE VIOLATION ACTION 06 -2009 001 Effluent pH 06/20/09 Weekly su Frequency Violation Proceed to Enforcement Case 06 -2009 001 Effluent, pH 06/27/09 Weekly su Frequency Violation Proceed to Enforcement Case 07 -2009 001 Effluent pH 07/04/09 Weekly su Frequency Violation No Action, BPJ 09 -2010 001 Effluent pH 09/04/10 Weekly su Frequency Violation No Action, Facility Reporting Error 11 -2010 001 Effluent pH 11/06/10 Weekly su Frequency Violation Proceed to NOV 11 -2010 001 Effluent pH 11/13/10 Weekly su Frequency Violation Proceed to NOV 11 -2010 001 Effluent pH 11/20/10 Weekly su Frequency Violation Proceed to NOV 11 -2010 001 Effluent pH 11/27/10 Weekly su Frequency Violation Proceed to NOV 12 -2010 001 Effluent pH 12/04/10 Weekly su Frequency Violation No Action, BPJ 07 -2011 001 Effluent pH 07/02/11 Weekly su Frequency Violation Proceed to NOV 09 -2011 001 Effluent pH 09/03/11 Weekly su Frequency Violation Proceed to NOV 08 -2012 001 Effluent pH 08/04/12 Weekly su Frequency Violation None 08 -2012 001 Effluent pH 08/11/12 Weekly su Frequency Violation None Reporting Violation MONITORING OUTFALL / VIOLATION UNIT OF CALCULATED REPORT PPI LOCATION PARAMETER DATE FREQUENCY MEASURE LIMIT VALUE % OVER LIMIT VIOLATION TYPE VIOLATION ACTION 04 -2008 05/31/08 Late/Missing DMR Proceed to Enforcement Case PUNITORING REPORT(MR) VIOLATIONS for: Report Date: 01/08/13 Page: 10 of 10 .— _ __.. a __ _ �__�__ .�� �__� ._ _ . �. _ __.___ _ �_��_ ___ �.. ___ _ r__ �_ __.------- Permit:_ NCOO55611 'MRs Between: 1-2008 and 112013 Region: % Violation Category: % 'Program Category: % i Facility Name: % Param Name: % County: °Jd " Subbasin: % Violation Action: % Major Minor: % : r PERMIT: NCO055611 FACILITY: Susan Glenn -Blackberry Sewer System COUNTY: Caldwell REGION: Asheville Reporting Violation MONITORING OUTFALL/ VIOLATION UNIT OF CALCULATED REPORT PPI LOCATION PARAMETER DATE FREQUENCY MEASURE LIMIT VALUE % OVER LIMIT VIOLATION TYPE VIOLATION ACTION 04 -2009 05/31/09 Late/Missing DMR Proceed to NOV 06 -2009 07/31/09 Late/Missing DMR Proceed to 08 -2010 10/01/10 Late/Missing DMR 06 -2011 07/31/11 Late/Missing DMR 08 -2011 10/01/11 Late/Missing DMR 01 -2012 03/02/12 Late/Missing DMR 02 -2012 03/31/12 Late/Missing DMR 03 -2012 05/01/12 Late/Missing DMR. 04 -2012 05/31/12 Late/Missing DMR 05 -2012 07/01/12 Late/Missing DMR 06 -2012 07/31/12 Late/Missing DMR 07 -2012 08/31/12 Late/Missing DMR Enforcement Case Proceed to NOV Proceed to NOV None Proceed to Enforcement Case Proceed to NOV Proceed to NOV None None None None PrOPEPER NCO055611 I�ERMIT No. ILI NAME Blackberry Ridge IL To RATOR IN RESPONSIBLE CHARGE.,(O.R EFFLUENT � DISCHARGE NO. 001 K8ONTH32PTEK8BEF YEAR2011 CLASS O `�,COUNTY Caldwell--------- GRADErry Townsend III UII PHONE (828)808-6277 ib$,Qperations, Inc. Mail ORIGINAL and.10NE90PY'to- DIVISION'bF�..'WA'-T'ER-Q�U'ALITY\�� F OPERATOR IN RESPONSIBLE CHARGE) (DATE) 1617 MAIL SERVICEICENTER TURE, I CERTIFY THAT THIS REPORT IS RALEIGH, Ndl,,�7-69,'9�\4',6'117 �',OMPLETE TO THE BEST OF MY KNOWLEDGE 0 0 SITE -6 �',P;Ovk FLOW MEAN Total Total C 01 III uv ~ ,-''- .'-~ _- .- =.,- (g`~~0, E w W m m d a N C ao CO) N ��0 he m } r LL W H CD CD CO) Z W O � I 0 O z w Q w z w a U J L U a LL d O O Q o W o fn J IIIIIII�INII�IIIAI�IIIIIII�III I�� ���1111111 �111111111■IIIIIINIIIIII� � 11 �� IN �11111�1111��11111 �����I�I �OCCOC�CCO 99999�99�0��99900��I Facility Status: (Please check one of the following) All monitoring data and sampling frequencies meet permit requirements All monitoring data and sampling frequencies do NOT meet permit requirements If the facility is noncompliant, please comment on corrective actions being taken in respect to equipment, operation, maintenance, etc., and a time table for improvements to be made. From the 12th to the 19th, this treatment plant didn't have an ORC because of non-payment. = All QC not met. I do not feel that the data was effected. = Blank used too much D.O. # = Seed failed A = GGA failed "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 persons 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." Jadd Brewer ( Please Print or Type) of Permittee)"" D-26--11 (Date) PO Box 1770, Blowing Rock, NC, 28605 828-265-9861 10/31/2003 Permittee Address Phone Number Permit Exp. Date PARAMETER CODES 00010 Temperature 00556 Oil and Grease 00950 Dissolved Flouride 01077 Silver 39516 PCPS 00065 Steam Stage 00600 Total Nitrogen 01002 Total Arsenic 01087 Total Vanadium 39941 Roundup 00076 Turbidity 00610 Ammonia Nitrogen 01027 Cadmium 01092 Zinc 50047 Maximum Flow during 24-hr. period 00300 Dissolved Oxygen 00625 Total Kjeldahl Nitrogen 01032 Hexavalent Chromium 01105 Total Aluminum 60084 Minimum flow during 24-hr. period 00310 BOD 00665 Total Phosphorous 01034 Chromium 01147 Total selenium 50050 Flow 00340 COD 00720 Cyanide 01037 Total Cobalt 31504 Total Coliform 50060 Total Residual Chlorine 00400 pH 00745 Total Sulfide 01042 Copper 31614 Fecal Coliform, MPN, Tube 71880 Formaldehyde 00500 Total Solids 00927 Total Magnesium 01045 Total Iron 31616 Fecal Coliform 71900 Mercury 00530 TSS 00929 Total Sodium 01051 Lead 32730 Total Phenolics 81318 Ferrocyanides 00545 Settleable Solids 00940 Total Chloride 01067 Nickle 38260 MBAS 85652 Time The monthly average for fecal coliform is to be reported as a GEOMETRIC mean. Use only units designated in the reporting facility's permit for reporting data. ' ORC must visit facility and document visitation of facility as requires per 15A NCAC 8A .0202 (b) (5) (B). " If Signed by other than the permittee, delegation of signatory authority must be on file with the state per 15A NCAC 2B .0506 (b) (2) (D). Beverly Eaves Perdue Governor WDERR North Carolina Department of Environment and Natural Resources Division of Water Quality Charles Wakild, P.E. Dee Freeman Director , Secretary CERTIFIED MAIL RETURN RECEIPT REQUESTED Ms. Susan Glenn Blackberry Sewer System P.O. BOX 1770 August 7, 2012 70.10 1870 0003 0874 9001 Blowing Rock, North Carolina 28605-1770 Subject: Notice of Violation and Recommendation for Enforcement Tracking #: NOV-2012-MV-0064 Blackberry Sewer System WWTP NPDES Permit No. NCO055611 Caldwell County Dear Ms. Glenn: A review of the September 2011 self -monitoring report for the subject facility revealed violations of the following parameters: Date Outfall Parameter Measuring Frequency Violation 09/03/2011 001 BOD Weekly Failure to Monitor 09/03/2011 001 Fecal coliform Weekly Failure to Monitor 09/03/2011 001 DO Weekly Failure to Monitor 09/03/2011 001 Flow Weekly Failure to Monitor 09/03/2011 001 Ammonia Nitrogen Weekly Failure to Monitor 09/03/2011 001 pH Weekly Failure to Monitor 09/03/2011 001 TSS Weekly Failure to Monitor 09/03/2011 001 Temperature 5 X/ Week Failure to Monitor A Notice of Violation/ Notice of Recommendation for Enforcement (NOV/ NRE) is being issued for the noted violation of North Carolina General Statute (G.S.) 143-215.1 and NPDES Permit No. NCO055611. 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) days after receipt of this Notice. A review of your response will be considered along -with-any-information-provi-ded-on-the-September 2011 Discharge Monitoring Report. You will then be- rfa ified 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. SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE Location: 2090 U.S. Highway 70, Swannarioa, North Carolina 29778 Phone: 828-296-4500\ Pas: 828 299-70=43nk Internet: hfp://Portal.ncdenr.org/web/wg NorthCarolina An Equal Opportunity'. Affirmative Action Employer — 50% Recycled-l0IN Post Consumer paper Ms. Susan Glenn August 7, 2012 Page Two Remedial actions, if not already implemented, should be taken to correct any problems. The Division of Water Quality may pursue enforcement actions for this and any additional violations. 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. You may contact this Office for additional information. If you have questions concerning this matter, please do not hesitate to contact Janet Cantwell or me at 828/296-4500. Sincerely, Chuck Cranford, Regional Supervisor Surface Water Protection Section Asheville Regional Office m.,rAshe`vl1'ea, Files DWQ Central Files DWQ Point Source Branch 5:'S1bT Galci�tell': �aaznater-:llim�r,,iL3laekhe�n Ridge -�561-1',NOV-NRi=-201?-MV-0064:doc - -- ---- ---------- ----- - --- ---- — - - -- - Beverly Eaves Perdue Governor -, T VT NCDENR North Carolina Department of Environment and Natural resources Division of Water Quality Charles Wakild, P.E. Director August 7, 2012 CERTIFIED MAIL RETURN RECEIPT REQUESTED Ms. Susan Glenn Blackberry Sewer System P.O. BOX 1770 Blowing Rock, North Carolina 28605-1770 Subject: Notice of Violation and Recommendation for Enforcement Tracking #: NOV-2012-MV-0064 Blackberry Sewer System WWTP NPDES Permit No. NCO055611 Caldwell County Dear Ms. Glenn: Dee Freeman Secretary A review of the September 2011 self -monitoring report for the subject facility revealed violations of the following parameters: Date Outfall Parameter Measuring Frequency Violation 09/03/2011 001 BOD Weekly Failure to Monitor 09/03/2011 001 Fecal coliform Weekly Failure to Monitor 09/03/2011 001 DO Weekly Failure to Monitor 09/03/2011 001 Flow Weekly Failure to Monitor 09/03/2011 001 Ammonia Nitrogen Weekly Failure to Monitor 09/03/2011 001 pH Weekly Failure to Monitor 09/03/2011 001 TSS Weekly Failure to Monitor 09/03/2011 001 Temperature 5 X/ Week Failure to Monitor A Notice of Violation/ Notice of Recommendation for Enforcement (NOV/ NRE) is being issued for the noted violation of North Carolina General Statute (G.S.) 143-215.1 and NPDES Permit No. NCO055611. 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) days after receipt of this Notice. A review of your response will be considered along with any information provided on the September 2011 Discharge Monitoring Report. 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. SURFACE WATER PROTECTION SECTION —AS[ EVILL.E REGIONAL OFFICE Location: 2090 U.S. Highway 70, Swannatioa, North Carolina 28778 Phone: 828-296-4500\ Fax: 828 299-7043 Internet: http://portal.ncdenr.oM/web/wq No thCarolina AM114.11411 An Equal opportunity \ Affirmative Action Employer -- 50% Recyclect,110% Post Consumer paper Ms. Susan Glenn August 7, 2012 Page Two Remedial actions, if not already implemented, should be taken to correct any problems. The Division of Water Quality may pursue enforcement actions for this and any additional violations. 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. You may contact this Office for additional information. If you have questions concerning this matter, please do not hesitate to contact Janet Cantwell or me at 828/296-4500. Sincerely, Chuck Cranford, Regional Supervisor Surface Water Protection Section Asheville Regional Office cc: DWQ Asheville Files DWQ Central Files DWQ Point Source Branch S:`St-%'P'.Calci�velllWaste�v:stem\,tinars`Blackhesr}° Ridge JSbI i`tN Pl -N}2L ?012-v[V-OOF, i.doc Pad y Violations Limit Violatiotions Permit: NCO05561 D= ev_ tails... SOC: AD: w l ... Monitoring Report: 09 2011 Details... Facility' Blackberry Sewer System Details Region; sheville County: Galdvrell Owner: Glenn Susan Maintain... Incident:!^~- F i_aiI ... Inspect. Dt: Ijeiails... Facility Reported As: (s' Compliant (D Non -Compliant ,.: Not Reported ® Is signed Report Type. DMR *Oa�i ifall I *Location - *Parameter Mes. Fre *Date Manual *Descri tion 30C Action 001 jEffluent BOD, 5-Day I20 De... Weekly 09l03J2011 FrequencyViola... i001 jEffluent Coliform, Fecal MF, ... Weekly 09J03J2011 FrequencyViola...i [ 001 Effluent DO, Oxygen, Dissol... Weekly 109J0312011 0 FrequencyViola...j [� 001 Effluent F.loa.v,inconduit ort... Weekly 09l03J2011 ❑ FrequencyfViola...� [� !001 Effluent Nltragen,Ammonia... Weekly 09JG3J2011 El Frequency Viola .! 001 Effluent pH 004U0 Weekly 09f03!2011 Ej Frequency Viola .! _qdd 001 Effluent Solids, Total Suspe... tNeekly 09J03t2011 Frequency Viola... [) 1001 Effluent I ernperature, Wate... 5 Xweek 09J03J2011 IFrequencyviola... I 0 II t Remove F-7,11t_te 1nI.lat ( ;°; .. Initiate Enfwrc;p_rr;er'I... � ii fiat C Q;mar, �ave & Recalc.late DM .. I EHeil 8 Monitoring Violations found. Ready F—E1n1:-t Cancel aSID: VLMP NCO055611 EFFLUENT DISCHARGE NO. 001 MONTH JULY YEAR 2011 Blackberry Ridge CLASS II ` COUNTY Caldwell-s y LIP VSIBLE CHARGE (ORC) Larry Townsend GRADE III PHQ IE r28) 8616277 TRIES (1) Water Quality Lab & eons, Inc. ^4�1� UHLU c tiUA it UKc HAS CHANGED [ ] P� �O1N�S COLLECTING SAMPLES Larry Towns Mail ORIGINAL and ONE COPY tcS EP : 'i� � ; ATTN: CENTRAL FILES �4a"����. 6-L I) Za x F. DIVISION OF WATER QUALITYJ�t� ��'`� 1� (,SiG l.4'TURE�OF PERATOR IN RESPONSIBLE CHARGE) (DATE) 1617 MAIL SERVICE CENTER 'I %H,l"IGN, T RE, I CERTIFY THAT THIS REPORT IS RALEIGH, NC 27699-1617 .r 1�Ct�R?4AN_ =COMPLETE TO THE BEST OF MY KNOWLEDGE D T E O E R R A l T A 0 R TIME 2400 O E A T O R TIME ON SITE O C O N`-°,r T E * 50050 0001Qc ,{140 50.060 00 i 10 00AO 31616 00300 00600 00665 00076 00095 00556 FLOW EF x fi' ., l Pp S, k I;: , T m R 3 ` h .. :• 7,. ((� �J R C S L \I O R Uq it A N L EF .�f+''�..A"' rL s 3 V� BO� 2D , C` p ��\:.<r1` Y�� ra,r. " . .,° N A ,'-_ �3T\�` Y�O,+ " �" 0.;..j, �' AW, N \ / U O P T E L' ` D -'L D S E D 0 ,�L 1 'n A F O R M t / GEOMETRIC MEAN p I S X S O Y G E V N E D N 1 T R O E N Total P H O S P H R U S Total T U R B 1 T Y C O N U C T I V 1 �/ I R L E A s 8r E r`'ft.T . :T D A Y R A E" HRS HRS YIN MGD C UNIT' W4/L I MG/L MG/L MG/L cfu/100ML MG/L MG/L MG/L NTU umhos/cm MG/L 1 915 0.3 Y 23 UV 2 UV 3 UV 4 HOLIDAY UV 5 1145 0.3 Y 0.0010 23 6.51 UV 6.5 6 1145 0.3 Y 23 UV 7 915 0.3 Y 24 UV < 1.20 24 - / O.Oi � � /� � 0.72 !� _ -vv 0.0009 _ 23 6.6 UV < 5 < 1 8 1130 0.3 Y 10 11 945 0.3 Y 6.5 12 1145 0.3 Y 13 1145 0.3 Y < 5 < 1 19 2.3 14 845 0.3 Y/� 15 1045 0.3 Y 16 17 18 1145 0.3 Y 6.6 19 1145 0.3 Y 23 UV < 2 1.35 < 5 2 20 945 0.3 Y 23 UV 21 1030 0.3 Y 23 UV 22 845 0.3 Y 23 UV 23 UV 24 UV 25 845 0.3 Y 0.0008 23 6.7 UV 6.6 26 1145 0.3 Y 24 UV 27 1145 0.3 Y 24 UV < 2 1.43 < 5 3 28 915 0.3 Y 24 UV 29 1300 0.3 Y 24 UV 30 UV 31 UV AVERAGE 0.0009 24 UV 2.0 1.18 5 2 6.6 19.00 2.30 MAXIMUM 0.0010 24 6.7 UV 2 1.43 5 3 6.6 19.00 2.30 MINIMUM 0.0008 23 6.6 UV 2.0 0.72 5 1 6.5 19.00 2.30 COMP. C/ GRAB G G G G G G G G G G G MONTHLY LIMIT 0. 003 6-9 28 30-45 11.10 30-46 200-400 >6 1/L /til® VAARP &J2--MV- g3f) & 7 "199909mm Igo ��. WH3MISNMOU weailsumop Jaad 00£ Jan2i UI)IPBA � WZ 2IV3A Ainr H1NOW ��. PTO 0=00 see W`d3UISdn UOlJe30-1 weajls n jaal 00L NV32US JGAIM UPIPBA IIOMPIe0 AINnoo 600 'ON 3]E%VHOSIa Mauls a pIb aaq)ioel8 4 W99003N UOI;e301 Wb'32US Facility Status: (Please check one of the following) All monitoring data and sampling frequencies meet permit requirements All monitoring data and sampling frequencies do NOT meet permit requirements If the facility is noncompliant, please comment on corrective actions being taken in respect to equipment, operation, maintenance, etc., and a time table for improvements to be made. From the 12th to the 19th, this treatment plant didn't have an ORC because of non-payment. ` = All QC not met. I do not feel that the data was effected. @ = Blank used too much D.O. # = Seed failed = GGA failed N 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 persons 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." Jadd Brewer PO Box 1770, Blowing Rock, NC, 28605 828-265-9861 10/31/2003 Permittee Address Phone Number Permit Exp. Date PARAMETER CODES 00010 Temperature 00566 Oil and Grease 00950 Dissolved Flouride 01077 Silver 39516 PCPS 00065 Steam Stage 00600 Total Nitrogen 01002 Total Arsenic 01087 Total Vanadium 39941 Roundup 00076 Turbidity 00610 Ammonia Nitrogen 01027 Cadmium 01092 Zinc 50047 Maximum Flow during 24-hr. period 00300 Dissolved Oxygen 00625 Total Kjeldahl Nitrogen 01032 Hexavalent Chromium 01105 Total Aluminum 50084 Minimum flow during 24-hr. period 00310 BOD 00665 Total Phosphorous 01034 Chromium 01147 Total selenium 50050 Flow 00340 COD 00720 Cyanide 01037 Total Cobalt 31504 Total Coliform 50060 Total Residual Chlorine 00400 pH 00745 Total Sulfide 01042 Copper 31614 Fecal Coliform, MPN, Tube 71880 Formaldehyde 00500 Total Solids 00927 Total Magnesium 01045 Total Iron 31616 Fecal Coliform 71900 Mercury 00530 TSS 00929 Total Sodium 01051 Lead 32730 Total Phenolics 81318 Ferrocyanides 00545 Settleable Solids 00940 Total Chloride 01067 Nickle 38260 MBAS 85652 Time The monthly average for fecal coliform is to be reported as a GEOMETRIC mean. Use only units designated in the reporting facility's permit for reporting data. * ORC must visit facility and document visitation of facility as requires per 15A NCAC 8A .0202 (b) (5) (B). " If Signed by other than the permittee, delegation of signatory authority must be on file with the state per 15A NCAC 213.0606 (b) (2) (D). NCDENR Carolina Department of Environment and Natural Resources Division of Water Quality Charles Wakild, P.E. Director August 7, 2012 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7010 1870 0003 0874 8998 Ms. Susan Glenn Blackberry Sewer System P.O. Box 1770 Blowing Rock, North Carolina 28605-1770 Subject: Notice of Violation and Recommendation for Enforcement Tracking#: NOV-2012-MV-0063 Blackberry Sewer System WWTP NPDES Permit No. N00055611 Caldwell County Dear Ms. Glenn: Dee Freeman Secretary A review of the July 2011 self -monitoring report for the subject facility revealed violations of the following parameters: Date Outfall Parameter Measuring Frequency Violation 07/02/2011 001 BOD Weekly Failure to Monitor 07/02/2011 001 Fecal coliform Weekly Failure to Monitor 07/02/2011 001 DO Weekly Failure to Monitor 07/02/2011 001 Flow Weekly Failure to Monitor 07/02/2011 601 Ammonia Nitrogen Weekly Failure to Monitor 07/02/2011 001 pH Weekly Failure to Monitor 07/02/2011 001 TSS Weekly Failure to Monitor 07/02/2011 001 1 Temperature 5 X/ Week Failure to Monitor A Notice of Violation/ Notice of Recommendation for Enforcement (NOV/ NRE) is being issued for the noted violation of North Carolina General Statute (G.S.) 143-215.1 and NPDES Permit No. NCO055611. 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) days after receipt of this Notice. A review of your response will be considered along —with-any-information provided -on the July-2011 Discharge Monitoring Report. —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. SURFACE WATER PROTECTION SECTION—ASHEVILL.E REGIONAL OFFICE Location: 2090 U.S. Highway 70, Sivannanoa, Noah Carolina 28778 Phone: 828-296-4500\ Pax: 828-299-7043 Internet:hftp://portalncdenrorg/web/wo North Carolina NattttvI& 2 An Equal Opportunity''•. Affirmative Action Employer — 50% Recycled/ 10% Post Consumer paper Ms. Susan Glenn August 7, 2012 Page Two Remedial actions, if not already implemented, should be taken to correct an Water Quality may pursue enforcement actions for this and any additional violation continuing nature, not related to operation and/or maintenance problems, and you a.XL.�IFUL%, IVXII�UIUI construction activities, then you may wish to consider applying for a Special Order by Consent. You may contact this Office for additional information. If you have questions concerning this matter, please do not hesitate to contact Janet Cantwell or me at 828/296-4500. Sincerely, V Chuck Cranford, Regional"Supervisor Surface Water Protection Section Asheville Regional Office cc x "DtiVQ�Ashevi:Il'e�,1es , - DWQ Central Files DWQ Point Source Branch —SrrS1�%Pit�ldFFell;tt-a te��atera�dinors Plaekhern Ride 5 611`NOV-N12E-3013-MV-006'.doe - - ---- --- --- ------ -- ---- - - Beverly Eaves Perdue Governor NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Charles Wakild, P.E. Director August 7, 2012 CERTIFIED MAIL RETURN RECEIPT REQUESTED Ms. Susan Glenn Blackberry Sewer System P.O. BOX 1770 Blowing Rock, North Carolina 28605-1770 Subject: Notice of Violation and Recommendation for Enforcement Tracking #: NOV-2012-MV-0063 Blackberry Sewer System WWTP NPDES Permit No. NCO055611 Caldwell County Dear Ms. Glenn: Dee Freeman Secretary A review of the July 2011 self -monitoring report for the subject facility revealed violations of the following parameters: Date Outfall Parameter Measuring Frequency Violation 07/02/2011 001 BOD Weekly Failure to Monitor 07/02/2011 001 Fecal coliform Weekly Failure to Monitor 07/02/2011 001 DO Weekly Failure to Monitor 07/02/2011 001 Flow Weekly Failure to Monitor 07/02/2011 001 Ammonia Nitrogen Weekly Failure to Monitor 07/02/2011 001 pH Weekly Failure to Monitor 07/02/2011 001 TSS Weekly Failure to Monitor 07/02/2011 001 Temperature 5 X/ Week Failure to Monitor A Notice of Violation/ Notice of Recommendation for Enforcement (NOV/ NRE) is being issued for the noted violation of North Carolina General Statute (G.S.) 143-215.1 and NPDES Permit No. NCO055611. 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) days after receipt of this Notice. A review of your response will be considered along with any information provided on the July 2011 Discharge Monitoring Report. 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. SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE Location: 2090 U.S. Highway 70, Swannanoa. North Carolina 28778 Phone: 828-296-4500\ Fax: 828-299-7043 Internet: hltp://portal.ncdenr.org/web/wq NatinvAif Nor thCarolina An Equal Opportunity \ Affirmative Action Employer — 50% Recycled/101;o Post Consumer paper Ms. Susan Glenn August 7, 2012 Page Two Remedial actions, if not already implemented, should be taken to correct any problems. The Division of Water Quality may pursue enforcement actions for this and any additional violations. 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. You may contact this Office for additional information. If you have questions concerning this matter, please do not hesitate to contact Janet Cantwell or me at 828/296-4500. Sincerely, Chuck Cranford, Regional Supervisor Surface Water Protection Section Asheville Regional Office cc: DWQ Asheville Files DWQ Central Files DWQ Point Source Branch S:\SWP`:Calclwcll\\Vasiew,tier`;\-Iinors\Blackberry Ridge 55611\N(7V-NRI= 2012-it4V-006 .doe Limit Violations Monitoring Violations ' Reporting Violations r Other Violations t =icePermit: NCO055611 Details:.. SOC: AD: 12t ii ... Monitoring Report: 07-2011 Getails... Facility: Blackberry Sewer System Details... Region: sheville County: Caldwell Owner. Glenn Susan Maintain.., Incident: i e ally... Inspect. Dt: Facility Reported As: @) Compliant Non -Compliant �O Not Reported Q Is signed Report Type: DMR *Outfall 001 *Location Effluent *Parameter BOD, 5-Day (20 De... Mes. Fre Weekly - *Date 07102i2011 Manual ❑ *Description Frequency Viola ... SOC ❑ Action Proceed to NOV Will be NG 001 Effluent Coliform, Fecal MF, ... Weekly 07/0212011 ❑ Frequency Viola... ❑ Proceed to NOV 'Hill be NO, 001 Effluent IDO, Oxygen, Dissol... Weekly 07102E2011 ❑ Frequency Viola... ❑ Proceed to NOV 11Will be N 001 Effluent IFlow, in conduit ort... Weekly 07102i201-,1 ❑ Frequency Viola... ❑ Proceed to NOV 4Yill-be N 001 Effluent INitrogen, Ammonia... Weekly I07102f20,1,1 ❑ Frequency Viola... ❑ Proceed to NOV jd+/ill be N 001 Effluent jpH- 00400 Weekly 1017f0212011 ❑ Frequency Viola... ❑ Proceed to NOV Will be N 001 Effluent Solids, Total Suspe... Weekly 107f02f2011 ❑ lFrequency Viola... ❑ Proceed to NOV Will be N �001 Effluent ITemperature, Wate... 5Xweek 107f0212011 1 ❑ IFrequencyViola... ❑ Proceed to NOV Will be N I I � ill ► i R¢rr'iGt+e init to ,-,IOD-.. Initiate NOV... � Initiaf� Enforcers er t... Initiate DemanO... � Save & Recaic_ late QMR... i I _ Help . Finish Cancel I 8 Monitoring Violations found. .FReady ��� � SID: VLMP ■ Complete items 1, 2, and 3. Also complete 0n e item 4 if Restricted Delivery Is desired. X Agent ■ Print your name and address on the reverse ❑ Addressee so that we can return the card to you. B. Rece'' d by (Printed Name) C. Date of Deliver. North Carolina Department of^ s different from itemA!\` U Yes. 4 • Environment and Natural Resources. livery address below: \� NA, Division of Water Quality Surface Water Protection Section 2 . _8778 Susan Glenn Blackberry Sewer System 3. erviceType Post Office Box 1770 Cettiffed Mail 47 Express Mail Registered [Iketum Receipt for Merchandis( Stowing Rock, NC 28605 ❑ Insured Mail 13 C.O.D. 4..Restricted Delivery? Prim Fee) ❑Y _ 70101 1870 i 0003 ( 0874 8199'8 i (i mw-{2Olt+2! HmV- oo C¢3 ?S Form 3811, February 2004 Domestic Return Receipt 102595-02-M-154 UNITED STATES P.?s wdzt} Sender: Please print your name, JANET CANTWELL NCDENR-DWq-SWP 2090 U.S--HraRWAY 70 SWANNANOA NC 28778 l If F1ifli ddil }I}1111I}IIiI!}ilf llfiill ��i}17+IF7F lIIiifIFFI �� ■ Complete items 1, 2, and 3. Also complete A Slgnd ure item 4 if Restricted Delivery is desired. X i ■ Print your name and address on the reverse �ddresse( so that we can return the card to you. B, ceived by (Printed Name) C. Date of Deliven ■ Attach this crud to -the back of-the_macat i `� North Carolina Department of sdifferenffraiF ttem i2, M Yes= �� • Environment and Natural Resources very address below:,' , �3 No R� . Division of Water Quality. ti i� Surface Water Protection Section I n� NCDENR 2090 U.S. Highway f0 Swannanoa, NC 2877& Susan Glenn 3 S rviceType ' Blackberry Sewer System Cerl�fledMail rRebW=MecelptfbrM' Mail POSt-Office Box 1770 Registered se Blowing,Rock, NC 28605 ❑ Insured Mail .D. 4. Restricted Delivery? (Extra Fee) Ye 70:10 1,870 0 '3 f0874 =91 :,S Form 3811, February 2004 Domestic Return Receipt 102595-02- UNITED STATES P Lw 15'el ss 10 ,Pottage & Fees Paid Sender: Please print youKnarne, add PSS Conte -IF4_4 in this box-' JANET CAN4ELL NCdEN—R-DVV(:Fjwp 2090 U.S. HIGHWAY 70 SWANNANOA NC 23778 ■ Complete items 1, 2, and 3. Also complete Agnatur item 4 if Restricted Delivery is desired. X ❑ Ag ht ■ Print your name and address on the reverse Addressee so that we can return the card to you. B. Rec i ed by (Printed Name). , C. Date of Delivery ■ Attach this card to the back of the mailpiece, _ or on the front if space permits. a �� D. Is eliv reiffe erhtfr��m it �t 1.�, ❑f-)Jl� 1. Article Addressed to: k 4 �— �C�� If YEiS,lenterdeliverraddress-below. ❑�` -:Ms. Susan Glenn�` ! -Blackberry Sewer System U Z JA R 1 7 P.O. Box 1770 I S! l Blowing Rock, NC 28605-1770 2. Article r mmi Cj p 3: Sirvice lyp i lr Certified N�ail'1. Express Mai N.I NI ❑ Registered eturn.Ftece ❑ insured Mail C.O.P. 4. Restricted Delivery? (Extra Fee) 7009 1680 0000 7515 3028 :)G Fnrm MMI l - February 2004 Domestic Return Receipt/yb d 1 Ia/EI_UI]D ION IE UNITED STATES POSTAL SERVICE I I I I I I First -Class Mail Postage &Fees Paid USPS Permit No. G-10 • Sender: Please print your name, address, and ZIP+4 in this box • NCDENR Surface Water Protection Section 2090 U.S. 70 Hwy Swannanoa, NC 28778-8211 ■ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. Article Addressed to: Ms. Susan Glenn- P.O. Box Blowing R-901-_N�roJina28605- 13 Agent Received by (Pripted Name) C. Da�tte of D liver D. Is delivery address different from Rem 1? ❑ Yes If YES, enter delivery address below: ❑ No 3. Service Type Certified Mail ❑ Express Mail Registered J9 Return Receipt for dis( ❑ insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) 2. Article Number : , - ,---; , ; —_-E-; — ;-� (Transfer from service labeq 7010 187010 0 0 3 0 8 7 5 2 7 0 4 PC Rnr RRi 1 Rohrimm 9nna Domestic Return Recelot .f_. f n - , a M k/_' ,� T 102595.024-154 UNITED STATES POSTAL SERVICE • Sender: Please print your name, address, and I� NCDENR - DWQ U ,Surface Water Protection Section 2090 U.S. Highway 70 ;Swannanoa, NC 28778 st-Class Mail 'MU LISPS Permit No. GLA in thfMox • CIIQ� rx Cz >3 u o� 3 il�il�n�ll,��lf �!'IIllilllil!!''Ilil'illiilli'iils!''I'l�'!!!'i� ■ Complete items 1, 2, and 3. Also complete H\pignai re item 4 if Restricted Delivery is desired. X[ ■ Print your name and address on the reverse so that we can return the card to you, g. Raceiv jPrinte Narne) ■ Attach this card to the back of the mailpiece, afferent fro North Carolina Department address �� •�.� Environment and Natural Resou' re s. N Division of Water Qu Surface Water Protection Sect aY7 NC®ENR 2090 U.S. Highway 70, Swannanoa, NC 28-1 7, Susan Glenn Post Office Box 1770 Blowing Rock, NC 28605 I..I.I I*.I.I I..I InnIIIIIIIIII ! _ 7012 1010 0002 TRegl lee Typ ertifted bi Express ste d Retum F ❑ Insured ail C.O.D. 4. Restricted e i e item ❑ Agent 1967 5585 MV -)4,- 13 -'j 6)03 Yes No Yes r-t - onnn nnmastir. Return Receipt UNITED STATES POSTAL SERVICE First -Class Mail Posta USPge i Fees Paid S Permit No. G-10 • Sender: Please print your name, address, and ZIP+4 in this box • JANET CANTWELL NCDENR-DWO-SWP 2090 U.S. HIGHWAY 70 SWANNANOA NC 28778 j t: ■ Complete items 1, 2, and 3. Also complete' item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: Susan Glenn _I Post Office Box 1770 Blowing Rock, NC 28605 -?QZ,4, 051,0.. 0000 ' 4466 0615 B. Received{ by (Printed Name) C. Date of I D. Is delivery address different from item 1? L Ye( - If YES, enter delivery address below: ❑ No XSe ce Type rtified Mail° ❑PriorityMail,Express'"gistered AReturn Receipt for Merchandise ❑ Insured Mail E3 Collect on Delivery 4. -Restricted Delivery? (Extra Fee) ❑ Yes NorAV - OO Co n 3811 ± July 2013; i 111 ,11 1 E ,l i'DoMe8ti6 Return Receipt UNITED STATEsy'R A61,6ERNACE it 5, 17,qq 0 Sender. Please print your name, address, JANET CANTWELL� NCDENR-Dk4R-WQRO 0 '8 2090 U.S. H 1 0 SwANNANC '8 3s Maii & Fees Paid Permit No.G,-10 andin this box* 0 ■ Complete items 1, 2, and 3. Also complete• - item 4 if Restricted D41ivery is desired. ■ Print your name an gddress, e reverse an so that we cretu�;the card rmw. ■ Attach this card to the back of the mailplece Q� ::' �.� _EnvirOr ,NCDENR Base Susan Glenn Blackberry Sewer System -• Post office Box 1770; _ Blowi Lg Rock, NC 28606 7tU14, 0.5.10 . 5S Form 3911.-July 2013 ��I ❑ Agent X V Addresses Received by (Printed Name) C. Dat of Deliven Caro na Department of Idifferent from item 1 . ❑ Ye an atural Resources gry address below: ❑ No ,io• of Water Resources al operations Section Swannanoa, NC 28778 3. rvice Type Certified Mail* ❑ Priority Mail Express- 0 Registered Return Receipt for Merchandis( ❑ Insured Mail is Collect on Delivery 4. Restricted Delivery? (Extra Fee) ❑ Yes 0000 4466 5931 /rJ S _o o �a ' Domestic Return Receipt UNITED STATES RQMV-SERVICE 0 Sender: Please print your name, address, and JANET CANTWELL ' .. 7% NCDENR-DWR-WQRO 2090 U.S. HIGHWAY 70 SWANNANOA NC 28778 First -Class Mail Postage & Fees Paid 1'1s PerMlt-�. G-10 n this box*