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HomeMy WebLinkAboutNC0085456_Regional Office Historical File 2002 to 2008NPDES PERMIT # FACILITY COUNTY' CLASS FACILITY ADDRESS t �J ��� ,� / Yc 61y6w4-La 'Ale, OWNER / PHONE & ADDRESS RESPONSIBLE OFFICIAL Phone_ Cell Email FACILITY REPRESENTATIVE Phone Cell Email Fax Fax OPERATOR GRADE Phone Cell Email BACK-UP OPERATOR GRADE Phone Cell PERMIT ISSUED EXPIRATION DATE_ RENEWAL DATE STREAM: Name 7Q10 Basin & Sub -basin OTHER PERMIT # DATE ISSUED Class IV - ---------- Aq- 1 NCDENR'.. North Carolina Department of Environment and Natural Resources Division of Water. Quality, . ; Michael F. Easley, Governor William G. Ross, Jr., Secretary.. . Coleen H. Sullins, Director January 22, 2008 Mr. Charles Binkelmari 8 Riverberid Road Asheville; NC 28805 Subject: Rescission of NPDES Permit NC0085456 . - 8>Riverbend Road Buncombe County Dear Mr. Binkelman:: ; Division staff has confirmed that, the subj ect' permit is no longer required. Therefore, in - accordance with your request, NPDES Permit NCO085456 is rescinded, effective immediately. If in the future you wish.to discharge wastewater to the State's surface waters, they must'. first apply for and receive a new NPDES permit. 'Discharge of wastewater without a.valid NPDES .permit will subject the responsible party to a civil penalty of up to $25,000 per day. If you have questions about this matter, please contact Charles Weaver of my staff at the telephone number or address listed below. Sincerely, �Coleen H. Sullins cc: Central Files Asheville RegYonal Office /,°Roger;Edw"`ar "s� NPDES Permit file s Fran McPherson, DWQ Budget Office. [ L� N 2 a 2008 SECTN 'i� WILL nEGi' IH C 1=ICE 1617 Mail Service.Center, Raleigh, North Carolina 27699-1617 One 512 North Salisbury Street, Raleigh, North Carolina 27604 . NorthCarolina Internet: w 9-733- 08 , extensi g AaharalffPhone: 919-733-5083, extension 511 /FAX 919 733-0719 ghades.weaver@nc.maii.net An Equal Opportunity/Affirmative Action Employer — 500% -Recycled/1 0% Post Consumer Paper Charles Binkelman 8 Riverbend Road Asheville, NC 28805 Phone:1-828-299-3660 Email: Charles@riskconcepts.com 16 January 2008� NC DENR / Division of Water Quality / Water Quality Section . Wei` 'A F . ATTENTION: Central Files 1617 Mail Service Center Raleigh, North Carolina 27699-1617 RE: Follow-up to Letter 14 January 2008 regarding NPDES Permit NCO085456 Binkelman Residence WWTP Buncombe County To Whom It May Concern at the NC DENR: I advised in my correspondence of 14 January 2008 that effective 15 January 2008 the residential water treatment plant subject to the above permit at my property on 8 Riverbend Road, Asheville, NC 28805 has been taken off line. Please be further advised that, as requested by the staff at Surface Water Protection in your Swannanoa offices: Contents of the tanks of water treatment plant have been pumped out by a local septic tank service company, 2. The aerator unit for the water treatment plant has been removed, 3. The electrical control unit for the aerator unit has been disconnected and removed, and 4. The tanks of the water treatment plant, while left in the ground, have been filled to the top with gravel and dirt. Sincerely, - Charles Binkelman cc: Mr. Roger C. Edwards, Regional Supervisor Surface Water Protection North Carolina Department of Environment and Natural Resources 2900 U.S. Highway 70 Swannanoa, NC 28778 C Lis li ! ff JAN 2 2 2008 WA-F=R f SECTION - QJALIT, Mr. & Mrs. Binkelman 8 Riverbend Road Asheville, North Carolina Dear Mr. & Mrs. Binkelman: Aan Michael F. Easley, Governor� AV om : William G Ross Jr., Secretary I�Tartlro>tna,IoartmeRk of Environment and Natural Resources vir ...,.. ,t.. .....', } C—oleen g. Sullins, Director l s on of Water Quality July 26, 2007 AUG _ 7 2007 WATER QUALITY SECTION i ASHEVILLE REGiOi�JAL OFFICE 28803 Subject: Issuance NPDES Permit NCO085456 Binkelman Residence WWTP Buncombe County Division p-ersuriilei have reviewed ailu aNproveu your ap-piwat: or ioi rer le ai of a is Su ,jcCt periiiit. Accordingly, we are forwarding the attached NPDES discharge permit. This permit is issued pursuant to the requirements of North Carolina General Statute 143-215.1 and the Memorandum of Agreement between North Carolina and the U.S. Environmental Protection Agency dated May 9, 1994 (or as subsequently amended). This permit includes no major changes from the draft permit sent to you on March 28, 2007. 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. On May 21, 2007, the Division of Water Quality (DWQ) received a letter from the office of John C. Hunter requesting clarification of certain conditions in the Draft NPDES permits issued to Mr. Binkelman NC0085456, Ms. Walling NC0085341, Mr. Patrizio NCO085448 and Mr. Pruett NC0085464. The Division offers the following responses to his questions with issuance of each individual permit.. Signator requirement for single-family residences All of the residence owners have signed and submitted applications for permit renewals and have indicated they are the "Owners" of the wastewater treatment systems that produce a wastewater discharge. While the Division understands the literal requirement of the Code of Federal Regulations, for the case of the single-family residences, the homeowner(s) are signators and "Sole proprietors". While the Division will not modify the "Boiler Plate Language" of the permits, the language will be clarified under the effluent requirements. Reliability Requirements At this time, due to the size and de minimus potential impact should a power failure occur, the Division will waive the reliability requirement. The last sentence of paragraph states that backup power is required only when necessary to achieve compliance with the conditions of the permit. Flow Measurement It is implied that the maximum amount of wastewater; which can be discharged from a single-family residence is 120 gallons per bedroom. While measurement device will not be required for the treatment facilities, flow can be estimated for the annual requirement. Please work with the Asheville Regional Office for this estimation. Nose hCarohna Natmrallbl North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone (919) 733-7015 Customer Service Internet: www.ncwaterguality.org Location: 512 N. Salisbury St. Raleigh, NC 27604 Fax (919) 733-2496 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer — 50% Recycled/10% Post Consumer Paper Outfall Requirements It is the responsibility of the permittee to ensure access to the outfall line. Discharge points are noted and documented by information presented by the permittee within the permit renewal application. If the permittee has GIS.information other than what was submitted in their permit renewal applications please have them forward the information to the DWQ for a more precise map/location of the discharge outfalls from their treatment systems. Response to Simcific Permit Conditions Monitoring Frequency The proposed frequency of 1/month is less than any standard individually permitted domestic waste discharge. The Division cannot modify these frequencies at this time. The Division hopes that the homeowners will seek out and find an alternative to discharge prior to the effective date of the increased monitoring requirements. Connection to MSD Buncombe The DWO understands the potential cost of connection to MSD_ The homeowners must nrovicla this information to eliminate this, if it is a cost prohibitive option. Significant Noncompliance Non-compliance indicates the wastewater discharge exceeds permit limits as noted in the permit. A certified operator would not be required unless deemed necessary by the Asheville Regional Office and the NPDES program. The homeowner would receive a written notification with a timeline to acquire a certified operator, should this occur. Please accept these responses and clarifications to the above referenced NPDES Permits. The DWQ understands these permit conditions and requirements can be challenging and sometimes difficult.to comply with. This is the reason why all Individual NPDES permits must be put out for public notice to allow for feedback from perspective permit holders and the public. The Division hopes that the four homeowners will work together to find an alternative to discharge to the Swannanoa River. 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) 733-5083, extension 539. Sincerely, Coleen H. Sullins cc: Central Files iie .ilte F _gi.c�rral C�}f cev! Su aee a er.Prateo 1-70 NPDES Unit The John C. Hunter Law Firm PLLC The Biltmore Building, Suite 418 One North Pack Square Asheville, NC 28801 Permit NCO085456 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER ;QUALITY PERMIT I i 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 -LC 1 V 11L s • �-..� FLU_ %,U%_,1CX. U.L.titokJva ( rtrs�1 L' 11V11 V11111G11LQ1 1V1 CL11QrG111Gl11 VVL111111JJ1V 11, CLl ll.l llll. 1' l,ll l,l 0.1 YV 0.1.1.1 1 V11U L1V 11 vvll /.1 V1 Act, as amended, the i Charles Binkelman & Sherry Binkelman I is hereby authorized to discharge wastewater from a facility located at the Binkelman Residence WWTP 8 Riverbend Road East of Asheville Buncombe County II to receiving waters designated as the Swannanoa River in the French Broad 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 September 1, 2007. This permit and authorization to discharge shall expire at midnight on December 31, 2010. Signed this day July 26, 2007. P " of— Coleen H. -Sullins, Director Division of Water Quality By Authority of the Environmental Management Commission Permit NCO085456 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. Charles Binkelman & Sherry Binkelman are hereby authorized to: 1. Continue to operate an existing 360 GPD jet -aeration wastewater treatment. system. This facility is located near Asheville at 8 Riverbend Road at the Binkelman residence WWTP in Buncombe County. 2. Discharge from said treatment works at the location specified Outfall 001, on the attached map into the Swannanoa River, classified C waters in the French Broad River Basin. 'o .\ P CJ .Wit �U • .�„ o o eon ,.> f why � •s �N, P.. rails ..a 1 } 1 :,-,ram-l' ���.:_�' •�_�. \,•�` ,_ •J .. -� � y•.;�'? :� tr�`�i 1 _ �� � � '�� . i 'y � .l 1. � -` �' • • �f =� .. �1 r •1 f/ Q I �• rI Vet � S i.. ��•/ o�. �I. � f _- �� a � � �'i�� �` -�1 � � ����--���-'"/ .L/- I �. o .� `. � _` • ` Iwo If i �..-.:.... 1�� -�� I _ i�l�_—�/�..��-.s_���lrj�/�l l � �//�i -1� {ice r `�\� Jr��1� •J���' I�\\\` Charles Binkelman Residence Facility Single Famil WWTP g Y Location Latitude: 35' 36' 03" N State Grid: Oteen not to scale Longitude: 82° 28' 03" W Permitted Flow: 360 GPD Receiving Stream: Swannanoa River Drainage Basin: French Broad River Basin NPDES Permit No. NC0085456 Stream Class: C Sub -Basin: 04-03-02 1 Y orth Buncombe County Permit NCO085456 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 from outfall 001. Such discharges shall be limited and monitored by the Permittee as specified below: EFFLUENT LIMITS MONITORING REQUIREMENTS CHARACTERISTICS - Monthly ; Daily Measurement Sample type Samplg Locatron. .. . Average = . , .Maximum Freggency Flow3 360 gallons/day Annually BOD, 5-day (20°C) 30.0 mg/L 45.0 mg/L Annually Grab Effluent Total Suspended Solids 30.0 mg/L .45.0 mg/L Annually Grab Effluent Total Residual Chlorine Monitor & Report Annually Grab Effluent pH2 Monitor & Report Annually Grab Effluent Footnotes: 1. "A Discharge Monitoring Report (DMR) is required to be submitted annually as specified in Part II Section D (2). 2. The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units. 3. No flow measuring device is required. However, flow should be estimated. There shall be no discharge of floating solids or visible foam in other than trace amounts. Also refer to A. (3.) Special Operating Conditions Permit NCO085456 A. (2.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS During the period beginning three (31 years from the effective date of this permit and lasting until permit expiration, the Permittee is authorized to discharge from outfall 001. Such discharges shall be limited and monitored by the Permittee as specified below: EFFLUENT GHARACTERISTIES '' ,� LIMITS MONITORING REQUIREMENTS Monthly ;Average.' rr r : Datly ' 'Maximum Measurement r ` Frequency. Sample Type t Sample Location 7 Flow3 360 gallons/day Monthly BOD, 5-day (20°C) 30.0 mg/L 45.0 mg/L Monthly Grab Effluent Total Suspended Solids 30.0 mg/L 45.0 mg/L Monthly Grab Effluent Mnnitnr R. Rannrt Mnnthlv C;rah Fff ijpnt Total Residual Chlorine. Monitor & Report Monthly Grab Effluent Footnotes: 1. A Discharge Monitoring Report (DMR) is required to be submitted as specified in Part II, Section D. (2).. 2. The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units. 3. No flow measuring device is required. However, flow should be estimated. There shall be no discharge of floating solids or visible foam in other than trace amounts. Also refer to A. (3.) Special Operating Conditions Permit NCO085456 A. (3.) SPECIAL OPERATING CONDITIONS a) During the 3-year period prior to the increased effluent monitoring requirements reflected in A. (2.), the permittee should evaluate any possible connections to the Buncombe County MSD sewer line. b) The Permittee must make points of effluent discharge accessible within 30 days of the effective date of the permit. c) A certified operator would not be required unless deemed necessary by the Asheville Regional Office and the NPDES program. The homeowner would receive a written notification with a timeline to acquire a certified operator, should this occur. However, the permittee or designated representative must sign the Discharge Monitoring Report Forms. Should review of effluent data indicate noncompliance, a rPrtif;Prl nnPratnr may he. rQnuirerl. d) The documented owner of the Single Family Residence shall be considered the "Proprietor" as specified in II.B. I La.(2) A. (4.) Total Residual Chlorine Monitoring Should discharge of wastewater continue to be the most feasible option, a Total Residual Chlorine limit of 28 ug/L (Daily Maximum) will be imposed during the next permit renewal. NPDES Permit Standard Conditions Page 1 of 16 PART II STANDARD CONDITIONS FOR NPDES PERMITS Section A. Definitions 2/Month Samples are collected twice per month with at least ten calendar days between sampling events. 3/Week Samples are collected three times per week on three separate calendar days. Act or "the Act" The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 USC 1251, et. seq. Annual Average The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar year. In the case of fecal colifomi, 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 Ouarter One of the following distinct periods: January through March, April through June, July through September, and October through December. Composite Sample A sample collected over a 24-hour period by continuous sampling or combining grab samples of at least 100 ml in such a manner as to result in a total sample representative of the wastewater discharge during the sample period The Director may designate the most appropriate method (specific number and size of aliquots necessary, the time interval between grab samples, etc) on a case -by -case basis. Samples may be collected manually or automatically. Composite samples may be obtained by the following methods: (1) Continuous: a single, continuous sample collected over a 24-hour period proportional to the rate of flow (2) Constant time/variable volume: a series of grab samples collected at equal time intervals over a 24 hour period of discharge and combined proportional to the rate of flow measured at the time of individual sample collection, or (3) Variable time/constant volume: a series of grab samples of equal volume collected over a 24 hour period with the time intervals between samples determined by a preset number of gallons passing the sampling point Flow measurement between sample intervals shall be determined by use of a flow recorder and totalizer, and the preset gallon interval between sample collection fixed at no greater than 1/24 of the expected total daily flow at the treatment system, or (4) Constant time/constant volume: a series of grab samples of equal volume collected over a 24-hour period at a constant time interval. This method may only be used in situations where effluent flow rates vary less than 15 percent. The grab samples shall be taken at intervals of no greater than 20 minutes apart during any 24-hour period and must be of equal size and of no less than 100 milliliters. Use of this method requires prior approval by the Director. Version 8/1/2006 NPDES Permit Standard Conditions Page 2 of 16 In accordance with (4) above, influent grab samples shall not be collected more than once per hour. Effluent grab samples shall not be collected more than once per hour except at wastewater treatment systems having a detention time of greater than 24 hours. In such cases, effluent grab samples may be collected at intervals evenly spaced over the 24-hour period that are equal in number of hours to the detention time of the system in number of days. However, the interval between effluent grab samples may not exceed six hours nor the number of samples less than four during a 24-hour sampling period. Continuous flow measurement Flow monitoring that occurs without interruption throughout the operating hours of the facility. Flow shall be monitored continually except for the infrequent times when there may be no flow or for infrequent maintenance activities on the flow device. 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. Daily Samplir�� Parameters requiting daily sampling shall be sampled 5 out of every 7 days per week unless otherwise specified in the permit. The Division expects that sampling shall be conducted on weekdays except where holidays or other disruptions of normal operations prevent weekday sampling. If sampling is required for all seven days of the week for any permit parameter(s), that requirement will be so noted on the Effluent Limitations and Monitoring Page(s). DWO or "the Division" The Division of Water Quality, Department of Environment and Natural Resources. EMC The North Carolina Environmental Management Commission. Facility Closure The cessation of wastewater treatment at a permitted facility, or the cessation of all activities that require coverage under the NPDES. 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 levei]'D shall be considered = L 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 Instantaneous flow measurement A measure of flow taken at the time of sampling, when both the sample and flow will be representative of the total discharge. Version 81112006 NPDES Permit Standard Conditions Page 3 of 16 Monthly Average (concentration hmitl 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 UP -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 Emitl The arithmetic mean .of all "daily discharges" of a pollutant measured duting_the calendar week In the case of fecal conform, the geometric mean of such discharges. Section B. General Conditions L Duty to Comply The Permittee must comply with all conditions of this permit Any permit noncompliance constitutes a violation of the Clean Water Act and is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or denial of a permit renewal application [40 CFR 122.41]. a. The Permittee shall comply with effluent standards or prohibitions established under section 307(a) of the Clean Water Act for toxic pollutants and with standards for sewage sludge use or disposal established under section 405(d) of the Clean Water Act within the time provided in the regulations that establish these standards or prohibitions or standards for sewage sludge use or disposal, even if the permit has not yet been modified to incorporate the requirement b. The Clean Water Act provides that any person who violates section 301, 302, 306, 307, 308, 318 or 405 of the Act, or any permit condition or limitation implementing any such sections in a permit issued under section 402, or any requirement imposed in a pretreatment program approved under sections 402(a)(3) or 402(b)(8) of the Act, is subject to a civil penalty not to exceed $25,000 per day for each violation. [40 CFR 122.41 (a) (2)] c. The Clean Water Act provides that any person who negligently violates sections 301, 302, 306, 307, 308, 318, or 405 of the Act, or any condition or limitation implementing any of such sections in a permit issued under section 402 of the Act, or any requirement imposed in a pretreatment program approved under section 402(a)(3) or 402(b)(8) of the Act, is subject to criminal penalties of $2,500 to $25,000 per day of violation, or. imprisonment of not more than 1 year, or both. In the case of a second or subsequent conviction for a negligent violation, a person shall be subject to criminal penalties of not more than $50,000 per day of violation, or by imprisonment of not more than 2 years, or both. [40 CFR 122.41 (a) (2)] Versfon 81112006 NPDES Permit Standard Conditions Page 4 of 16 d. Any person who knmvingty 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)(sii) of the CWA, shall, upon conviction of violating the imminent danger provision, be subject to a fine'of not more than $1,000,000 and can be fined up to $2,000,000 for second or subsequent convictions. [40 CFR 122.41 (a) (2)] f. Under state law, a civil penalty of not more than $25,000 per violation may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of a permit. [North Carolina General Statutes § 143-215.6A] g. Any person may be assessed an administrative penalty by the Administrator for violating section 301, 302, 306, 307, 308, 318 or 405 of this Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of this Act Administrative penalties for Class I violations are not to exceed $10,000 per violation, with the maximum amount of any Class I penalty assessed not to exceed $25,000. Penalties for Class II violations are not to exceed $10,000 per day for each day during which the violation continues, with the maximum amount of any Class II penalty not to exceed $125,000. [40 CFR 122.41 (a) (3)] 2. Duty to Mitigate The Permittee shall take all reasonable steps to minimize or prevent any discharge or sludge use or disposal in violation of this permit which has a reasonable likelihood of adversely affecting human health or the environment [40 CFR 122.41 (d)]. 3. Civil and Criminal Liability Except as provided in permit conditions on "Bypassing" (Part 11. C. 4), "Upsets" (Part IL 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 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. Severability --r Version 811)2006 NPDES Permit Standard Conditions Page 5 of 16 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. SiMatory 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: (i) For a corporation: by a responsible corporate officer. For the purpose of this Section, a responsible corporate officer means: (a) a president, secretary, treasurer or vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision making functions for the corporation, or (b) the manager of one or more manufacturing, production, or operating facilities, provided, the manager is authorized to make management decisions which govern the operation of the regulated facility including having the explicit or implicit duty of making major capital investment recommendations, and initiating and directing other comprehensive measures to assure long term environmental compliance with environmental laws and regulations; the manager can ensure that the necessary systems are established or actions taken to gather complete and accurate information for permit application requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures . (2) For a partnership or sole proprietorship: by a general partner or the proprietor, respectively; or (3) For a municipality, State, Federal, or other public agency: by either a principal executive officer or ranking elected official [40 CFR 122.22]. b. All reports required by the permit and other information requested by the Permit Issuing Authority shall be signed by a person described in paragraph a. above or by a duly authorized representative of that person. A person is a duly authorized representative only if: 1. The authorization is made in writing by a person described above; 2. The authorization specified either an individual or a position having responsibility for the overall operation of the regulated facility or activity, such as the position of plant manager, operator of a well -or well field, superintendent, a position of equivalent responsibility, or an individual or position having overall responsibility for environmental matters for the company. (A duly authorized representative may thus be either a named individual or any individual occupying a named position.); and 3. The written authorization is submitted to the Permit Issuing Authority [40 CFR 122.22] Version WV2006 NPDES Permit Standard Conditions Page 6 of 16 -- c. Changes to authorization: If an authorization under paragraph (b) of this section is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, a new authorization satisfying the requirements of paragraph (b) of this section must be submitted to the Director prior to or together with any reports, information, or applications to be signed by an authorized representative [40 CFR 122.22] d. Certification. Any person signing a document under paragraphs a. or b. of this section shall make the following certification (40 CFR 122.22]: "I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons direcity responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. l 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 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 2H.0105 (b) (2) may cause this Division to initiate action to revoke the permit Section C. Operation and Maintenance of Pollution iControls 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. Backup ORCs must possess a grade equal to (or no more than one grade less than) the grade of the system [15A NCAC 8G.0201]. The ORC of each Class I facility must: ➢ Visit the facility at least weekly ➢ Comply with all other conditions of 15A NCAC 8G.0204. The ORC of each Class II, III and IV facility must: ➢ Visit the facility at least five days per week, excluding holidays ➢ Properly manage and document daily operation and maintenance of the facility ➢ Comply with all other conditions of 15A NCAC 8G.0204. Once the fadlity is classified, the Permittee shall submit a letter to the Certification Commission designating the operator in responsible charge: . a. Within 60 calendar days prior to wastewater being introduced into a new system Version 8112006 NPDES Permit Standard Conditions Page 7 of 16 b. Within 120 calendar days of: ➢ Receiving notification of a change in the classification of the system requiring the designation of a new ORC and back-up ORC ➢ A vacancy in the position of ORC or back-up ORC. 2. Proper Operation and Maintenance The Permittee shall at all times provide the operation and maintenance resources necessary to operate the existing facilities at optimum efficiency. The Permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the Permittee to achieve compliance with the conditions of this permit. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures. This provision requires the Permittee to install and operate backup or auxiliary facilities only when necessary to achieve compliance with the conditions of the permit [40 CFR 122.41 (e)]. 3. Need to Halt or Reduce not a Defense It shall not be a defense for a Permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the condition of this permit [40 CFR 122.41 (c)]- 4. Bussing 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 IL E. 6. (24-hour notice). c. Prohibition of Bypass (1) Bypass from the treatment facility is prohibited, and the Permit Issuing Authority may take enforcement action against a Permittee for bypass, unless: (A) Bypass was unavoidable to prevent loss of life, personal injury or'severe property damage; (B)' There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate backup equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and (C) The Permittee submitted notices as required under Paragraph b. of this section. (2) Bypass from the collection system is prohibited and the Permit Issuing Authority may take enforcement action against a Permittee for a bypass as provided in any current or future system wide collection system permit associated with the treatment facility. (3) The Permit Issuing Authority may approve an anticipated bypass, after considering its adverse effects, if the Permit Issuing Authority determines that it will meet the three conditions listed above in Paragraph c. (1) of this section. 5. lip —sets a. Effect of an upset [40 CFR 122.41 (n) (2)]: An upset constitutes an affirmative defense to an action brought for noncompliance with such technology based permit effluent limitations if the requirements of paragraph b. of this condition are met. No determination made during administrative review of claims that Version 81112006 NPDES Permit Standard Conditions Page 8 of 16 noncompliance was caused by upset, and before an action for noncompliance, is final administrative action subject to judicial review. b. Conditions necessary for a demonstration of upset: A Permittee who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that: (1) An upset occurred and that the Permittee can identify the cause(s) of the upset; (2) The Permittee facility was at the time being properly operated; and (3) The Permittee submitted notice of the upset as required in Part II. E. 6. (b) of this permit. (4) The Permittee complied with any remedial measures required under Part H. B. 2. of this permit. c. Burden of proof R CFR 122.41 (n) (4)]: The Permittee seeking to establish the occurrence of an upset has the burden of proof in any enforcement proceeding. 6. Removed Substances Solids, sludges, filter backwash, or other pollutants removed in the course of treatment or control of wastewaters shall be utilized/disposed of in accordance with NCGS 143-2151 and in a manner such as to prevent any pollutant from such materials from entering waters of the State or navigable waters of the United States. The Permittee shall comply with all existing Federal regulations governing the disposal of sewage sludge. Upon promulgation of 40 CFR Part 503, any permit issued by the Permit Issuing Authority for the utilization/disposal of sludge may be reopened and modified, or revoked and reissued, to incorporate applicable requirements at 40 CFR 503. The Permittee shall comply with applicable 40 CFR 503 Standards for the Use and Disposal of Sewage Sludge (when promulgated) within the time provided in the regulation, even if the permit is not modified to incorporate the requirement. The Permittee shall notify the Permit Issuing Authority of any significant change in its sludge use or disposal practices. 7. Power Failures The Permittee is responsible for maintaining adequate safeguards (as required by 15A NCAC 2H.0124 — Reliability) to prevent the discharge of untreated or inadequately treated wastes during electrical power failures either by means of alternate power sources, standby generators or retention of inadequately treated effluent. Section D. Monitoring and Records L Representative Samglin 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 W CFR 122.41 (j)]. 2. Reporting Monitoring results obtained during the previous month(s) shall be summarized for each month and reported on a monthly Discharge Monitoring Report (DMR) Form (MR 1, 4 2, 3) or alternative forms approved by the Director, postmarked no later than the last calendar day of the month following the completed reporting period. The first DMR is due on the last day of the month following the issuance of the permit or in the case of a new facility, on the last day of the month following the commencement of discharge. Duplicate signed copies of these, and all other reports required herein, shall be submitted to the following address: NC DENR / Division of Water Quality / Water Quality Section ATTENTION: Central Files 1617 Matt Service Center Raleigh, North Carolina 27699-1617 Version W2006 NPDES Permit Standard Conditions Page 9 of 16 3. Flow Measurements Appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges. The devices shall be installed, calibrated and maintained to ensure that the accuracy of the measurements is consistent with the accepted capability of that type of device. Devices selected shall be capable of measuring flows with a maximum deviation of less than 10% from the true discharge rates throughout the range of expected discharge volumes. Flow measurement devices shall be accurately calibrated at a minimum of once per year and maintained to ensure that the accuracy of the measurements is consistent with the accepted capability of that type of device_ . The Director shall approve the flow measurement device and monitoring location prior to installation. Once -through condenser cooling water flow monitored by pump logs; or pump hour meters as specified in Part I of this permit and based on the manufacturer's pump curves shall not be subject to this requirement. 4. Test Procedures Test procedures for the analysis of pollutants shall conform to the EMC regulations (published pursuant to NCGS 143-215.63 et. seq.), the Water and Air Quality Reporting Acts, and to regulations published pursuant to Section 304(g), 33 USC 1314, of the Federal Water Pollution Control Act (as Amended), and 40 CFR 136; or in the case of sludge use or disposal, approved under 40 CFR 136, unless otherwise specified in 40 CFR 503, unless other test procedures have been specified in this permit [40 CFR 122.41]. To meet the intent of the monitoring required by this permit, all test procedures must produce m+n;murn detection and reporting levels that are below the permit discharge requirements and all data generated must be reported down to the minimum detection or lower reporting level of the procedure. If no approved methods are determined capable of achieving minimum detection and reporting levels below permit discharge requirements, then the most sensitive (method with the lowest possible detection and reporting -level) approved method must be used. 5. Penalties for Tamp The Clean Water Act provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any monitoring device or method required to. be maintained under this permit shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. If a conviction of a person is for a violation committed after a first conviction of such person under this paragraph, punishment is a fine of not more than $20,000 per day of violation, or by imprisonment of not more than 4 years, or both [40 CFR 122.41]. 6. Records Retention Except for records of monitoring information required by this permit related to the Permittee's sewage sludge use and disposal activities, which shall be retained for a period of at least five years (or longer as required by 40 CFR 503), the Permittee shall retain records of all monitoring information, including. ➢ all calibration and maintenance records ➢ all original strip chart recordings for continuous monitoring instrumentation ➢ copies of all reports required by this permit ➢ copies of all data used to complete the application for this permit These records or copies shall be maintained for a period of at least 3 years from the date of the sample, measurement, report or application. This period may be extended by request of the Director at any time [40 CFR 122.41]. 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 individuals) who performed the sampling or measurements;. c. The date(s) analyses were performed; d. The individual(s) who performed the analyses; Version a(12006 NPDES Permit Standard Conditions Page 10 of 16 e. The analytical techniques or methods used; and f. The results of such analyses. 8. Inspection and Entry The Permittee shall allow the Director, or an authorized representative (including an authorized contractor acting as a representative of the Director), upon the presentation of credentials and other documents as may be required by law, to; a. Enter upon the Permittee's premises where a regulated facility or activity is located or conducted; or where records must be kept under the conditions of this permit; b. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this P c. Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this permit; and d. Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise authorized by the Clean Water Act, any substances or parameters at any location [40 CFR 122.41 Section E Reporting Requirements L Change in Discharge All discharges authorized herein shall be consistent with the terms and conditions of this permit. The discharge of any pollutant identified in this permit more frequently than or at a level in excess of that authorized shall constitute a violation of the permit 2. Planned Changes The Permittee shall give notice to the Director as soon as possible of any planned physical alterations or additions to the permitted facility [40 CFR 122.41 (1)]. Notice is required only when: a. The alteration or addition to a permitted facility may meet one of the criteria for new sources at 40 CFR 122.29 (b); or b. The alteration or addition could significantly change the nature or increase the quantity of pollutants discharged .This notification applies to pollutants subject neither to effluent limitations in the permit, nor to notification requirements under 40 CFR 122.42 (a) (1). 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 Noncgmpliance The Perm'ttee shall give advance notice to the Director of any planned changes to the permitted facility or other activities that might result in noncompliance with the permit [40 CFR 122.410) (2)]. 4. Transfers This permit is not transferable to any person except after notice to the Director. The Director may require modification or revocation and reissuance of the permit to document the change of ownership. Any such action may incorporate other requirements as may be necessary under the Clean Water Act [40 CFR 122.41 (1) (3)]. 5. Monitoring Reports Monitoring results shall be reported at the intervals specified elsewhere in this permit [40 CFR 122.41 (I) (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 Version 81112006 NPDES Permit Standard Conditions Page 11 of 16 6. Twenty-four Hour Reporting a. The Permittee shall report to the Director or the appropriate Regional Office any noncompliance that .potentially threatens public health or the environment. Any information shall be provided orally within 24 hours from the time the Permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the Permittee becomes aware of the circumstances. The written submission shall contain a description of the noncompliance, and -its cause; the period of noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce; eliminate, and prevent reoccurrence of the noncompliance [40 CFR 122.41 (1) (6)]. b. The Director may waive the written report on a case -by -case basis for reports under this section if the oral report has been received within 24 hours. c. Occurrences outside normal business hours may also be reported to the Division's Emergency Response personnel at (800) 662-7956, (800) 858-0368 or (919) 733-3300. 7. Other Noncompliance The Permittee shall report all instances of noncompliance not reported under Part 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 (i) (D]. 8. Other Information - Where the Permittee becomes aware that it failed to submit any relevant facts in a permit application, or submitted incorrect information in a permit application or in any report to the Director, it shall promptly submit such facts or information [40 CFR 122.41 (1) (8)]. 9. NoncomILhance Notification The Permittee shall report by telephone to either the central office or the appropriate regional office of the Division as soon as possible, but in no case more than 24 hours or on the next working day following the occurrence or first knowledge of the occurrence of any of the following. a. Any occurrence at the water pollution control facility which results in the discharge of significant amounts of wastes which are abnormal in quantity or characteristic, such as the dumping of the contents of a sludge digester, the known passage . of a slug of hazardous substance through the facility; or any other unusual circumstances. b. Any process unit failure, due to known or unknown reasons, that render the facility incapable of adequate wastewater treatment such as mechanical or electrical failures of pumps, aerators, compressors, etc. c. Any failure of a pumping station, sewer line, or treatment facility resulting in a by-pass directly to receiving waters without treatment of all or any portion of the influent to such station or facility. Persons reporting such occurrences by telephone shall also file a written report within 5 days following first knowledge of the occurrence. 10. Availability of Reports Except for data determined to be confidential under NCGS 143-215.3 (a)(2) or Section 308 of the Federal Act, 33 USC 1318, all reports prepared in accordance with the terms shall be available for public inspection at the offices of the Division. As required by the Act, effluent data shall not be considered confidential. Knowingly making any false statement on any such report may result in the imposition of criminal penalties as provided for in NCGS 143-2151(b)(2) or in Section 309 of the Federal Act 11. Penalties for Falsification of Reports The Clean Water Act provides that any person who knowingly makes any false statement, representation, or, certification in any record or other document submitted or required to be maintained under this permit, including monitoring reports or reports of compliance or noncompliance shall, upon conviction, be punished by a fine of Version 8/1/2006 NPDES Permit Standard Conditions Page 12 of 16 not more than $25,000 per violation, or by imprisonment for not more than two years per violation, or by both W 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 Monito 'nsr The Permittee shall, upon written notice from the Director, conduct groundwater monitoring as.may be required to determine the compliance of this NPDES permitted facility with the current groundwater standards. Section C. Changes in Discharges of Toxic Substances The Permittee shall notify'the Permit Issuing Authority as soon as it knows or has reason to believe (40 CFR 122.42): a. That any activity has occurred or will occur which would result in the discharge, on a routine or frequent basis, of any toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels"; (1) One hundred micrograms per liter 000 µg/L); (2) Two hundred micrograms per liter (200 µg/L) for acrolein and acrylonitrile, five hundred micrograms per liter (500 µg/L) for 2.4-dinitrophenol and for 2-methyl-4.6-dinitrophenol; and one -milligram per liter (1 mg/L) for antimony; (3) Five times the maximum concentration value reported for that pollutant in the permit application. b. That any activity has occurred or will occur which would result in any discharge, on a non -routine or infrequent basis, of a toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels'; 0) Five hundred .micrograms per liter (500 µg/L); (2) One milligram per liter 0 mg/L) for antimony; (3) Ten times the maximum concentration value reported for that pollutant in the permit application. Section D. Evaluation of Wastewater Discharge Alternatives The Permittee shall evaluate all wastewater disposal alternatives and pursue the most environmentally sound alternative of the reasonably cost effective alternatives. If the facility is in substantial non-compliance with the teams 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 Version 8112006 NPDES Permit Standard Conditions Page 13 of 16 adverse impacts to waters of the State. This permit cannot be rescinded while any activities requiring this permit continue at the permitted facility. PART IV SPECIAL CONDITIONS FOR MUNICIPAL FACILITIES Section A. Publicly Owned Treatment Works (POTWs) All POTWs must provide adequate notice to the Director of the following. 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 1. 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 400C (104°F) unless the Division, upon request of the POTW, approves alternate temperature limits; £ Petroleum oil, nonbiodegradable cutting oil, or products of mineral oil origin in amounts that will cause interference or pass through; g. -Pollutants which result in the presence of toxic gases, vapors, or fumes within the POTW in a quantity that may cause acute worker health and safety problems; h. Any trucked or hauled pollutants, except at discharge points designated by the POTW. 3. With regard to the effluent requirements listed in Part I of this permit, it may be necessary for the Permittee to supplement the requirements of the Federal Pretreatment Standards (40 CFR, Part 403) to ensure compliance by the Permittee with all applicable effluent limitations. Such actions by the Permittee may be necessary regarding some or all of the industries discharging to the municipal system. 4. The Permittee shall require any industrial discharges sending influent to the permitted system to meet Federal Pretreatment Standards promulgated in response to Section 307(b) of the Act Prior to accepting wastewater from any significant industrial user, the Permittee shall either develop and submit to the Ver on W2006 NPDES Permit Standard Conditions Page 14 of 16 Division a Pretreatment Program for approval per 15A NCAC 2H .0907(a) or modify an, existing Pretreatment Program per 15A NCAC 2H .0907(b). 5. This permit shall be modified, or alternatively, revoked and reissued, to incorporate or modify an approved POTW Pretreatment Program or to include a compliance schedule for the development of a POTW Pretreatment Program as required under Section 402(b)(8) of the Clean Water Act and implementing regulations or by the requirements of the approved State pretreatment program, as appropriate. Section C. Pretreatment Pro ams Under authority of sections 307(b) and (c) and 402(b)(8) of the Clean Water Act and implementing regulations 40 CFR Part 403, North Carolina General Statute 143-215.3 (14) and implementing regulations 15A NCAC 2H .0900, and in accordance with the approved pretreatment program, all provisions and regulations contained and referenced in the Pretreatment Program Submittal are an enforceable part of this permit The Permittee shall operate its approved pretreatment program in accordance with Section 402(b)(8) of the Clean Water Act, the Federal Pretreatment Regulations 40 CFR Part 403, the State Pretreatment Regulations 15A NCAC 2H .0900, and the legal authorities, policies, procedures, and financial provisions contained in its pretreatment program submission and Division approved modifications there of. Such operation shall include but is not limited to the implementation of the following conditions and requirements: 1. Sewer Use Ordinance (SUO) The Permittee shall maintain adequate legal authority to implement its approved pretreatment program. 2. Industrial Waste Surveyy (IWS) The Permittee shall update its Industrial Waste Survey (IWS) to include all users of the sewer collection system at least once every five years. 3. Monitoring Plan The Permittee shall implement a Division -approved Monitoring Plan for the collection of facility specific data to be used in a wastewater treatment plant Headworks Analysis (HWA) for the. development of specific pretreatment local limits. Effluent data from the Plan shall be reported on the DMRs (as required by Part H, Section D, and Section E.S.). 4. Headworks Analysis aN- A) and Local Limits The Permittee shall obtain Division approval of a Headworks Analysis (HWA) at least once every five years, and as required by the Division. Within 180 days of the effective date of this permit (or any subsequent permit modification) the- Permittee shall submit to the Division a written technical evaluation of the need to revise local limits (Le., an updated HWA or documentation of why one is not needed) [40 CFR 122.44]. The Permittee shall develop, in accordance with 40 CFR 403.5(c) and 15A NCAC 2H .0909, specific Local Limits to implement the prohibitions listed in 40 CFR 403.5(a) and (b) and 15A NCAC 2H .0909. 5. Industrial User Pretreatment Permits (I Z & Allocation Tables In accordance with NCGS 143-215.1, the Permittee shall issue to all significant industrial users, permits for operation of pretreatment equipment and discharge to the Permittee's treatment works. These permits shall contain limitations, sampling protocols, reporting requirements, appropriate standard and special conditions, and compliance schedules as necessary for the installation of treatment and control technologies to assure that their wastewater discharge wi[l meet all applicable pretreatment standards and requirements. The Pemuttee shall maintain a current Allocation Table (AT) which summarizes the results of the Headworks Analysis WA) and the limits from all Industrial User Pretreatment Permits (!UP). Permitted IUP loadings for each parameter cannot exceed the treatment capacity of the POTW as determined by the HWA. Version 8112006 NPDES Permit Standard Conditions Page 15 of 16 6. Authorization to Construct (AtQ The Permittee shall ensure that an Authorization. to Construct permit (AtC) is issued to all applicable industrial users for the construction or modification of any pretreatment facility. Prior to. the issuance of an AtC, the proposed pretreatment facility and treatment process must be evaluated for its capacity to comply with all Industrial User Pretreatment Permit (IUP) limitations. 7. PQTW Inspection & Monitoring of their SIUs The Permittee shall conduct inspection, surveillance, and monitoring activities as described in its Division approved pretreatment program in order to determine, independent of information supplied by industrial users, compliance with applicable pretreatment standards. The Permittee must: a. Inspect all Significant Industrial Users (SIUs) at least once per calendar year, and b. Sample all Significant Industrial Users (SIUs) at least twice per calendar year for all permit - limited pollutants, once during the period from January, 1 through June 30 and once during the period from July 1 through December 31, except for organic compounds which shall be sampled once per calendar year, 8. SIU Self Monitoring and Reporting The Permittee shall require all industrial users to comply with the applicable monitoring and reporting requirements outlined in the Division -approved pretreatment program, the industry's pretreatment permit, or in 15A NCAC 2H .0908. 9. Enforcement Response Plan (ERP) The Permittee shall enforce and obtain appropriate remedies for violations of all pretreatment standards promulgated pursuant to section 307(b) and (c) of the Clean Water Act (40 CPR 405 et. seq.), prohibitive discharge standards as set forth in 40 CFR 403.5 and 15A NCAC 2H .0909, and specific local limitations. All enforcement actions shall be consistent with the Enforcement. Response Plan (ERP) approved by the Division. 10. Pretreatment Annual Reports AR) The Permittee shall report to the Division in accordance with 15A NCAC 2H .0908. In lieu of submitting annual reports, Modified Pretreatment. Programs developed under 15A NCAC 2H .0904 (b) may be required to meet with Division personnel periodically to discuss enforcement of pretreatment requirements and other pretreatment implementation issues. For all other active pretreatment programs, the Permittee shall submit two copies of a Pretreatment Annual Report (PAR) describing its pretreatment activities over the previous twelve months to the Division at the following address: NC DENR / DWQ / Pretreatment Unit 1617 Mail Service Center Raleigh, NC 27699-1617 These reports shall be submitted according to a schedule established by the Director and shall contain the following. a.) Narrative A brief discussion of reasons for, status of, and actions taken for all Significant Industrial Users (SIUs) in Significant Non -Compliance (SNC); b) Pretreatment Program Summary (PPS) A pretreatment program summary (PPS) on specific forms approved by the Division; c.) Significant Non -Compliance Report (SN= 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 =SFI Veiton 8/1/2006 NPDES Permit Standard Conditions, Page 16 of 16 Monitoring data from samples collected by both the POTW and the Significant Industrial User (SIU). These analytical results must be reported on Industrial Data Summary Forms (IDSF) or other specific format approved by the Division; e.) Other Information Copies of the 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 Keep The Permittee shall retain for a **>;*+i bm 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. Fundin 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 87112006 � Qv > r t3 ~ Mr. Charles Binkelman 8 Riverbend Road Asheville, North Carolina Dear Mr. Binkelman: Michael F Easley, Governor ' William G Ross Jr ;Secretary North'Carolma Department of Environment and Natural Resources E fA P.E. Director Disi Water Quality March 28, 2007 �5: MAR 3 0 2007 U 4 WATER QUALITY SECTION 28803 ASHEVILLE REGIONAL OFFICE Subject: Draft'NPDES Permit NC008545i A Binkelman Residence WWTP Buncombe County Enclosed with this letter is a copy of the draft NPDES permit for the above referenced facility. I encourage you to review the draft carefully to ensure thorough understanding of the information, conditions, and requirements contained therein. This draft permit contains the following significant changes from your current permit: A. Addition of A. (2.) Effluent Limitations and Monitoring Requirements: Three Years after the permit issuance date the Permittee is required to submit monthly Discharge Monitoring Reports (DMRs) to the Division of Water Quality. B. Addition of A. (3.) Special Conditions: a. You -should evaluate connection to the Buncombe County MSD sewer line during the three-year period prior to increased monitoring requirements reflected in A. (2.), b. You must make points of effluent discharge accessible within 30 dais of thee :,-ctive date of the permit. C. At this time, the Division will not require that you obtain a certified operator because this is a discharge from a single-family residence. However, you or the designated NC Certified Lab Representative must sign the Discharge Monitoring Report Forms. C. Addition of A. (4.) Total Residual Chlorine Monitoring: If you do not connect to Buncombe County MSD sewer line and continue to discharge wastewater during the next permit renewal, the Division will impose a Total Residual Chlorine Daily Maximum. Limit of 28 ug/L. If you have any questions or comments concerning this draft permit, please contact me at 919-733-5083 extension 539 to submit any comments or questions no later than thirty (30) days following receipt of this letter. Sincerely, Robert Guerra Western NPDES Unit cc: sheville Reg'ona ®ffice = urface Water Protection "' 4: N"o�enCarolina �vaturq!!y 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 M2 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 Permit NCO085456 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 Charles Binkelman is hereby authorized to discharge wastewater from a facility located at the to recei Basin id River 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 This permit and authorization to discharge shall expire at midnight on: Signed this day 0 _DRAFT r Alan W. Klimek, P.E., Director Division of Water Quality By Authority of the Environmental Management Commission Permit NCO085456 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. Charles Binkelman is hereby authorized to: 1. Continue to operate an existing 360 GPD jet -aeration wastewater treatment system. This system is located near Asheville at the Binkelman Residence at 8 Riverbend Drive in Buncombe County. 2. Discharge from said treatment works at the location specified Outfall 001, on the attached map into the Swannanoa River, classified C waters in the French Broad River Basin. t4Q % Y 3 f i� .-� o •• 4.11111111e-- O 0.0 ter �• Azal Ch cl Charles Binkelman Residence Single Family WWTP Latitude: 35' 36' 03" N State Grid: Oteen Longitude: 82' 28' 03" W Permitted Flow: 360 GPD Receiving Stream: Swannanoa River Drainage Basin: French Broad River Basin Stream Class: C Sub -Basin: 04-03-02 �11181�i1��71i� Facility Location not to scale No�t7h]NPDES Permit No. NCO011416 Buncombe County Permit NC0085456 A. (1.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS During the neriod beginning on the effective date of this Permit and lasting until expiration, the Permittee is authorized to discharge from outfall 001. Such discharges shall be limited and monitored by the Permittee as specified below: EFFLUENT ; ` LIMITS: CHARACTERISTICS MONITORING:REQUIREMEMTS� � � Measurements ample�Ty�e 'b Sample Location Maxmium Frequercy, k Flow 360 gallons/day Annually BOD, 5-day (20°C) 30.0 mg/L 45.0 mg/L Annually Grab Effluent Total Suspended Solids 30.0 mg/L 45.0 mg/L Annually Grab Effluent PH2 Monitor & Report Annually Grab Effluent Total Residual Chlorine Monitor & Report Annually Grab Effluent Footnotes: 1. A Discharge Monitoring Report is required annually. 2. The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units. There shall be no discharge of floatin solids or visible foam in other than trace amounts. Permit NCO085456 A. (2.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS During the period beginning three (3) years from the effective date of this permit and lasting until permit expiration the Permittee is authorized to discharge from outfall ool. Such discharges shall be limited and monitored by the Permittee as specified below: Footnotes: I. Discharge Monitoring Reports (DMRs) are required to be submitted on a monthly basis. 2. The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units. There shall be no discharge of floating solids or visible foam in other than trace amounts. A. (3.) SPECIAL OPERATING CONDITIONS a) During the 3-year period prior to the increased effluent monitoring requirements reflected in A. (2.), the permittee should evaluate any possible connections to the Buncombe County MSD sewer line. b) Permittee must make points of effluent discharge accessible within 30 days of the effective date of the permit. c) Because this is a discharge from a single-family residence, DWQ will not require that the permittee obtain a certified operator, at this time. However, the permittee or designated NC Certified Lab Representative must sign the Discharge Monitoring Report Forms. Should review of effluent data indicate noncompliance, a certified operator may be required. A. (4.) Total Residual Chlorine Monitoring Should discharge of wastewater continue to be the most feasible option, a Total Residual Chlorine limit of 28 ug/L (Daily Maximum) will be imposed during the next permit cycle. ATFRQG r Mr. Charles Binkelman 8 Riverbend Road Asheville, North Carolina 28805 Dear Mr. Binkelman: Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources f Alan W. Klimek, P.E. Director A: z' ;•Drvison of Water Quality December 6, 2006 DEC - 8 2006 1 WATER QUALITY SECTION AcHEVILLE REGIONAL OFFICE Subject: Draft NPDE Permit NCO085456 Binkelman esidence WWTP Buncomb County Enclosed with this letter is a copy of the draft NPD p rmit for the above referenced facility. I encourage you to review the draft carefully to ensure thorouW understanding of the information, conditions, and requirements contained therein. This draft pe t contains no significant changes from your current permit. If you have any questions or comments concerning t is draft 733-5083 extension 539 to submit any comments or questi Ins no IE receipt of this letter. Sincerely Robert Guerra Western NPDES Unit rEr —,7. cc: As a ille _RegionaLOffrce/ SurfacWater rotectlor it, please contact me at 919- an thirty (30) days following One NCarolina Xa ira!!y 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— 56% Recycled110% Post Consumer Paper S Permit NCO085456 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 Charles Binkelman is hereby authorized to discharge wastewater from a facility located at the to re Basi: N )ad River 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 This permit and authorization to discharge shall expire at midnight on. Signed this day DRAFT Alan W. Klimek, P.E., Director Division of Water Quality By Authority of the Environmental Management Commission '"% Permit NCO085456 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. Charles Binkelman is hereby authorized to: 1. Continue to operate an existing 360 GPD jet -aeration wastewater treatment system. This system is located near Asheville at the Binkelman Residence at 8 Riverbend Drive in Buncombe County. 2.D a R on the Broad Charles Binkelman Residence Single Family WWTP Latitude: 35' 36' 03" N State Grid: Oteen Longitude: 82' 28' 03" W Permitted Flow: 360 GPD Receiving Stream: Swannanoa River Drainage Basin: French Broad River Basin Stream Class: C Sub -Basin: 04-03-02 Facility Location not to scale NPDES Permit No. NC0085456 Northj I Buncombe County Permit NC0085456 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 from outfall 001. Such discharges shall be limited and monitored by the Permittee as specified below: EFFLUENT J LIMITS; REQUIREMENTS n t {MONITORING CHARACTERISTICS � Monthly 4xDailyd _Measurement Sample Type Location ,, s x s u ��tx k' _ Frequericy„ J ''i 1 ySample r ' , Sx ) f< e., k yAverage� .:Maximum ,. �h, �. Flow 360 gallons/day Annually BOD, 5-day (20°C) 30.0 mg/L 45.0 mg/L Annually Grab Effluent Total Suspended Residue 30.0 mg/L 45.0 mg/L Annually Grab Effluent pH1 Annually Grab Effluent Footnotes: 1. The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units There shall be no discharge of floating solids or visible foam in other than trace amounts. , A certified State of North Carolina o Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Bill Holman, Secretary Kerr T. Stevens, Director Mr. Charles Binkelman Binkelman Residence 8 Riverband Drive Asheville, North Carolina Dear Mr. Binkelman: ..1 0 1 ?W'A • NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES May 19, 2000 V IY' Subject: NPDES Permit NCO085456 Charles Binkelman - SFR Buncombe County. Application The NPDES Unit received your permit renewal application on March 3, 2000. Thank you for submitting this package. The permit renewal for this facility will be assigned to a member of the NPDES Unit staff. That staff member will contact you if further information is needed to complete the permit renewal. Please note that the NPDES Unit has several vacant positions. This staff shortage has lasted for over a year and is delaying all permit renewals. Our remaining permit writers are currently reviewing Authorizations to Construct, speculative limit requests, major permit modifications and 201 plan updates ahead of permit renewals. This is necessary due to a variety of factors, including mandatory deadlines in the statutes which govern our program. If this staff shortage delays reissuance of NCO085456 the existing requirements in your permit will remain in effect until the permit is renewed (or the Division takes other action). We appreciate your patience and understanding while we operate with a severely depleted staff. If you have any additional questions concerning renewal of the subject permit, please contact me at (919) 733-5083, extension 538. Sincerely, (�PeA&C�9-t Christie R. Jackson NPDES Unit cc: ' e l l fiC- , LWN e +)tnalil y ecti - NPDES File 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 919 733-5083, extension 538 (fax) 919 733-0719 VISIT us ON THE INTERNET @ http://h2o.enr.state.nc.us/NPDES Christie.Jackson@ncmail.net March 1, 2000 Mr. Charles H. Weaver, Jr. NC DENR / Water Quality / NPDES Unit 1617 Mail Service Center Raleigh, NC 27699-1617 RE: Renewal of NPDES Permit NCO085456 Dear Mr. Weaver: This letter is to request renewal of the above listed Permit. Please see attached application and explanation of sludge treatment. Thank you. NPIDES T API'LICATION - SHOIZ' I To be filed only by aischargers of 100% domestic wastewPer (<1 MGD flow) N. C. Department of Environment and Natural Resources Division of dater Quality / NPIDES Unit 1617 Mail Service Center, Raleigh, NC 27699-1617 North Carolina NPDES Permit Number NC00 (if known). Please print or type 1. Mailing address of Facility Name Owner Name Street Address City S tate __.-ZIi' Code Telephone Nurnbei Fax Number e-mail Address 2. Location of facility producing discharge: Name (If different from above) Facility Contact Person Street Address or State Road City / Zip Code County Telephone Number 3. Reason for application: Expansion/Modification * Existing Uripermitted. Discharge Renewal New Facility * Please provide a description of the expansion/modification 4. Description of the existing treatment facilities (list all installed components with capacities): Page 1 of 2 Version 6199 >s NPDFARAUT APPI XCATION SHOROO D To be filed only by dischargers of 100% domestic. wastewater (<1 MGD flow) 5. Description of wastewatea,(che.ck..all: that,apply): Type of Facility Generating Wastewater - Industrial ,Number of Employees Commercial Number of Employees Residential Number of Homes School Numb.er'..of.Students Staff Other — L Describe the source(s) of wastewater. (example:: subdivision;: m e,home park, etc.): S. Number of separate wastewater discharge pipes (wastewater ahtfalls): 7. If the facility has multiple discharge outfalls, record the sougce(s) of wastewater for each outfall: 8. Name of receiving.streasn(s) `.(Provide' a: map: showing the exact location of each_ outfall): I certify that I am familiar with the information contained in the application and that to the best of my knowledge and belief such information is true, complete, and accurate. 1'i innted „pTrire-of IerSQrr Si �n North Carolina General Statute 143-215.6(b)(2) provides that: Any person who knowingly makes any false statement representation, or certification in any:applcatjon,. record, report, plan,.;or other document files or required to be maintained under Article 21 or regulations of the Environmental Management Commission implementing that Article, or who falsifies, tampers with, or knowingly renders inaccurate any recording or monitoring device or method required to be operated or maintained under Article 21 or regulations of the Environmental Management Commission implementing that Article, shall be guilty of a misdemeanor punishable by a fine not -to -exceed. $ 10;000, or by imprisonment not to exceed six months, or by both. (18 U.S.C. Section 1001 provides a punishment by a fine of not more than $10,000 or imprisonment not more than 5 years, or both for a similar offense.) Page 2 of 2 Version 6199 March 1, 2000 Mr. Charles H. Weaver, Jr. NC DENR / Water Quality / NPDES Unit 1617 Mail Service Center Raleigh, NC 27699-1617 RE: Sludge Treatment Plan under NPDES Permit NCO085456 Dear Mr. Weaver: This letter is to you and the NC DENR that the Sludge Treatment Plan for the Binkelman Residence facility (see above referenced Permit Number) is as follows: At least annually a septic tank service company from the Asheville, North Carolina area is called to pump out the septic tank. My records show this was last done May, 1999. In addition, sludge is minimized through the monthly addition of RID-X to the septic tank system. r ,V / a inkelma Charles Winkelman 8 Riverbend Road Asheville, NC 28805 Phone:1-828-299-3660 Email: Charles@riskconcepts.com 20 March 2008 MAR 2 4 2008 l NC DENR / Division of Water Quality / Water Quality Section I 4`" '3!- CTON , C c I„ �l. E i ATTENTION: Annual Administering and Compliance Fee CoordinYatoir - -- — 1617 Mail Service Center Raleigh, North Carolina 27699-1617 RE: NPDES Permit NC0085456 Binkelman Residence WWTP D Buncombe County coo To Whom It May Concern: Effective 15 January 2008 the aforementioned NPDES Permit NC0085456 ("Permit") for the residential water treatment plant was rescinded at my request. However, over the years I held the above Permit, I was invoiced and paid Annual Permit Fees ("Fees") that were both inconsistent with those charged to others with comparable permits and exorbitant. To wit, while I was invoiced and paid the Fees listed below, the owner of the residence at 1 Riverbend Road was charged Fees of $50.00 per year and the owner of the Residence at 6 Riverbend Road was not charged any Fees: For year Date Paid Check No. Payee Amount 2007 12/29/2006 1163 NCDENR $715.00 2006 12/20/2005 1087 NCDENR 715.00 2005 1/5/2005 1041 NCDENR 715.00 2004 1/16/2004 1348 NCDENR 715.00 2003 12/31/2002 1599 NCDENR 715.00 2002 1/12/2002 1496 NCDENR 715.00 Total $4,290.00 Accordingly, I ask that you return to me the sum of $ 3,690.00 (comprised of the $4,290.00 above less $300.00, the latter representing the maximum Fees of $50.00 per year charged others with comparable the residential water treatment systems) with all possible haste. cc: Ms. Colee�11 H. Sullins, Director, NCDENR Mr. Roger C. Edwards, Regional Supervisor, Surface Water Protection_ c������.�.� r� �� .,�."i =y`..] ^.;Z`'Y:" ,.,/t�' �.'�,6F�'i'F .. i:.M ::,'1 ,-. 1.2 .;1�;'[• .,t,ii,�r' �. .� .z � .,.:n ` r�+�hl•3 ,;.5,>`f.�.., yr.'3t+` �'p"-^.."W.,: .. .. X¢w,i:. .p.;�•Y'a `"^.=�.AR ..'EF= .: .....^'.�..GV ...�• . a,., .<tC: - �$�; v��Ef.t :!..,,Y a•4•t ..-`�-`f, ,.Yi:•,.. .. is%�� F,./.. - ..- - . . i !iTE`:O$:`N(7RTH: C'AROIN:: THE OFFICE '07 :.. ' ApmINISTRATIVE .HEjARINGS. C L 3' .Y. ov ` BT . 00 E 07 'EHR::�.380 .. k xdart :Moll WaI-ling,). P't4 tt:, ) .. RE�FCNI�ENT S peitit�.orlexs. ) . TA'1'VS; , star ) ` D i ion 61. W yr R'e spQzsdeii`• ` ) .:.• ,:, .. :: ' oW : COPIES. tha; , respor�derit, North . Carob a na ..Depart %nt of , :........•. E pxvtsio�. :..:.;•:.: ".: it ii.ror ► rit grid N:a:tura}: F 6�o+xr �..ity. (`•7�S„TQ,•) 'b arid. through its' counsel a record, and'.:file� Elie. lowing• status report .-in response. to the 21 December 2007� 'O�c'ter ` A hi. A:dmiriiRtiat.ive Law. ►Tudle: has beers wro • ]ci •ith the pet..ti�on�rs and the ::.... . :......: r W .` .. �Re�pcnderat n3 . .... , .,g;,;,oarntie County.., .Health Department �n ass effort :to: resolve �; :. : ' .•: ;. .. ,3s;au .®:presented'by this contested case. Petitioner. •8inkelman had. :. =re'ce:iv tY:;apprdva`l by the hea�.t4i depa�txtent •,for: a' sukZsu�'fsce septic • :. :•gy. teair -has been installed, and -said. Patiti6ner 'has :'the .system. reca.8eio! of li3's tQPDES .permit'. Petitioners. Bruett ..*ad ha-- e' .-'rgdeived tentative the health } ' ...'department for zasta7.latiori' of septic. sterna. ,to serve thea:'r 2.. Respondent believes that an additional thirty (30) days' •. ;:';,.;:,.;;'. ;:; °;._; .i•s:: requ'i•red .to. 'f irth -k exp10re aggropriate :tre$tment aid 'diapoeal ZO'd CO:91 8OOZ ZZ qa9 1319A0 N19 11V aptiono for th& p4titionars' .residences whieh ms r xttQ 't the need' 'o, . +��;:ki,ear�.r�.g in'.:this case.' : ' •� . ' � � • : , 3.a. Respondent therefore re qae,ste that this case' remairi, ,...:-::�,::;a:��,�?'ie$�: '�o,�: the., °:p�e:s�eiiti. isile•. �3. . . Covrisel: for .th® .pe`t i4rier hay: r�vieWed�. this : Apo : and autkiozed the iindersi,gae�da represent to 'the AAdminiatrativ ..::''•'::,•.::.:.:;..;;... "�tn�:: Judge: 'tha''t :�1ae::agsde's wa;th its contsnit's. R'3sx'a the 2,ri�d day' ©'f Feliruazy,. 2 0 D.R. • 'RC� c�1t�F +F,R, .:� Sueanna . P . Pump#e. - :Assistant Attorney! General- .:: N.C. Dq. art:ment of �Tiis�io.e 42 N. Fren ix B road ASremti 1Ashev.ille.:NC 8-80l. 9404' . Telephone:, -(828) .251-608.3 Psi:. Ca.B) .251-633:8:. : -mail : wcasjWt t@riedo,j . g6v EO'd LO:5l SOOZ ZZ qad 8OE9-l5Z-OZS xe� 3OIAdO M NIS i1V ' ..::....: : CERT tlV TE Oi+' 9ERVICH ;.'' ... ..... ; . i s z, hereby'.cert . y that on th day a copy'of the i'oreg�.3xxg was;:,. upbn the parties to 'this actioii by confirmed fac'aimie ,�o � c�uiiBei ��`br•�petiti.�pr�ers�• as fe3:'];owc�a.' � .. Clohn Hun.:ker: -Esq'..' .. The .Jchri: G.:.:.iuii:er. Lsw•',..Firm' PLLC• $il•tmore. One ; Noz th vaak,; .quar:a.,. Sui..te l8 ,iw: 82.8:-2.81":,,469. :. .. ' Tiiit' the •2 Z �r ' off.. �' aebruary, Sueaiinli Assistant Attorney General VO'd 80:91 SOOZ ZZ qad 80O9-19Z-SZB:xed 301dd0 A NIO liv 7- -1 OP/ UIV State of 5Vorth caroffna, (Department of ,justice 42 North French Broad Avenue Asheville, -NC ;M01 2 january 2008 Phone,. 82$J25-14083".. - Fax... �g %Sf-6339 By facsLnjile tr nsmi sion • id first-class mail, -9069 - n-OJOhh C j4u�nte PLLC Fax No. 281 r Law Fitra Tlio--Wwiore Building... -One •North Pack, Squdte, 'Suit6 418 RResponses to petitioners' Discovery Requests' E: Binklernan et al. V'. DENR/DWQ ()AH File No. 07 EHR 1380 - first requ�st for Mfies to petitioners first interrogatories and f 4 I*Y Client's resp .Please find enclosed fr(5ni my client. 111 forward awo 'of docuiri6lits, Tw f ard a signed. verification PW upon receipt pra Sincerely, suea= F. SI;Mpter Assistant Attornt`Y General 1IR Pq l; : 1, STATE "'NORTH .'NORTH CAROLING IN THE OFFICE OF.: ' ADMIWISTRATIVL HEARINGS ' 07 ERR 1380 CO Tj 'I'iC OF .SUNCOMkM `:C.harles . 8isikelAian, Molly. Walling ) Gordon . :Kim Fa ri.j c�, John & ) ' ii'ci a Pruitt, ) ::pENg,.Division of Water Quality. ) RES OND ' RE �+ON ES TO PE` I TON RS' �'IR T INTE ROG TO YES ANDVIRST•>'RE ST • FOR PRODVC TON OF DOC S; . NOTR GOMEg .the • res8andeDt, North Carolina Depart�ctent, of Env�.ronment and xatural '.Resource® ("i�ENR") r DitPisa ox�. of "Mat,es Quality ("Di�PQ"•) . iay•4nd- through its coun.seX of record, and grovidea ` ,the' ollawix�g respon!366 to .petitioners' . first interrogatories 'and `:. 'fiat ;rc(u&tit £or,' procjuction of documents= GENERAL ' OBJECTTONS 1. Respondent objects toany reguests' that seek : the mental i ►pres ioixs, conclusions, •' .opinions, or legal. theories of an ;tQey''o�, any' rspresantative of the responden,� concerning this J. .or :the work product of the * attorney (s;) i nvol vd in this action on the resp.ondent'.s behalf, or. informatiots; which is ' otherwise immune''.or protected from discovery Pursuant .to the. ' attorney -client pt'ivilege. the 'work product . privilege ar doctrine :RtxiQ 26, of the !forth Caraliaa Rules of Civil Vrb.aGdure. � , � Respond nt obj Gets . to the directions • eoiitained in the' Pet it'ioner,..a.- reques.t. to the extent that such contradict, disc-d, or. Ate.- othGx�wise inconsistent with the regp,iremenjt-s ' of the' di ccavery. : rov s:i�ris'•of. the: North: Carrolina Rules.of Civy].'.Procedure. 3 .' Re�spcndcnt objects to the$a raq�xests to.', the' extezLt they wi.the North Carolina 'week , •inf6rmetioh. from thixs any agency ' pamtment .of' . :Env'ir0=6At' and Natural. Rasources other than the on o£ Vate 'duality. H"d [V:9L 900Z EZ Uef 8H9-15Z-2Z9:Xej 1319J0 A N39 11V 0 4 . Respondent ob j,ects to any request. that, :s•ecks, in 'formation that 'is. irrelevant and -.not .reasonably aal.cul..ated to lead to the ciiscbvezy of . admi.so.ible ..evidence. Respondent _objects to any raquest to the :extent- it seeks information regarding events'. sic cumsrits,' qr: mattera: which pest -date the. 26 ►7uly 2007 issuance -of'.. . :•tihQ'=:aub.J.z :'t• NPDES 'permits to the:petitionGrs: 5: other, specifis-objeetions may be set forth below.' SL7S�EC` T10 and without. waiving' these ol?ject'ions: the respax�dent: snaked -the.... following .goneral. an specifa.c respgnses: ggTERBOgATORIES .i :identify by pewit number- and name . and.: seeress :of peranh� holder•'all zurrently issued .NPDES pe=1a i#aued by Respondent for �s ,,ngle residence wastewater treatment systems3. . R sPOi�i�E: S3.ng:le-.f:am� ly residential treatment fa.ci3..itiea .utilizing:._ rio�=mechaiaical syetexn suchas . sep'tic taxiks with and': filters• and disinfection., are eligible -for coverage uiide,r a .general permit, No. 14CGS550000, copy. attached. �t present', . 1, 2 0 . such faciliti'6s ' are covered . under the : gen.ara permit. The general pewit rogiIi es annual f,os s ecifi'ed +Parameters of . concern:. • monitoring P Ownors%operators of these facilities are. also required to demonstrate ..that• the components of their taci3.�.tZr comply -with t3ze. •requiremen•t$ of the general . permit., . oz pz��ride data -specific information along with engineering Plates -and. specifioations deaignsd and sealed by' an, exigizieer• licensee in, the of North C.Miol x�a. ' Respoader�t objects •• to this iliterrogatary to the 'extent it would;'. raqu�.ra identificatio by pexx�4it number, . and name and address of all 1,230 permittees co v�red under ,the general peritia.t . since such would be unduly buz$enSbme; and, sizice. the infotion sought would be • irrelevant and "nQt ca3..cu7:atad to lead tb' the. dof admissi+le evidence.. The petita.aners' facilities are not eligible for covrerage• uh�er. tie general permit, sided these ar'e in c iMWi�. systems, and are required to be in;dividuAlly Permitted: To the best of • respondent' s . knowledge and belief; the petitioner's hold the..only currently. issued individual pES permits for meahani ical, s�.ngle-family resydex�tial %::P .. r,.igayi: �., f >9u%Ui',v�'r' "F.e ^ i:7il"•'L ... westewatez::treatment plants and, discharges therefroxt� in . ..this Respondent* notes that, SiAce commencement of this case. petit3.oraer: 8iaal�elman has received. a permit 'for. a septic tryst i from the Buncombe Cotuxty Health pepart i6nt, that has eystexci has been. installed, and the said .petx ,10 ier subm?. tad:; to< the respondent a request for. resaissiozx of • : Yi•s dischax'ge pei"tnit.• 2. For each permy: iderabified above, describe .the frequency °Of. f t $ffluexit'monitoringl xequiremeUts corJtaaned in that Permit- In par.ioglat' , st•ate whether any 'sugh permit requires ari . irohe teffluent moxxitt►ring frequency during the term of the pQrmi t .. the petitioners hold the only 'four such . kzsF6NSE a • As noted above, ears . foX16wing -the perma.tse For the first. three Y red effedt•ive date of these permi'tc: petitianers are requa. to 'conduct annual xnoni.toring for .specifJed ' parameters {flow,`SOD5. TSS, 'p8, residual chlorine.) ' At . ' the o'f three years • foll-Owing 'the effective_ date, the may�itorialg Frequency willnCreas�: to monthly fob the :..•• ' epecifl�d :parf,er�s. ••• Identify the • specific regulatory and statutory provisions. Respanderat cites as authority for they r revisiaxt off. '. Pe: itione,rsI.•Va' stewater ,trea�ts:tent facility permit ,to require Monthly' of f lueAt monitoring reguiremerlts outside the' AtSpOXSE: Respondent objects to this request r her ob ects to the: scope of permissibXe discovery and fort 7 requires characterisation of the permit term which monthly monitoring attar three years'. time as a ••revision" to the permit. Subject to exid w.he: f waiving• its objections'. :respondent. pro rides the: following information*,.' Since the subject permits are individual permits fox' .. domestic discharges, the monitoring xgq,�irements fox relevant pal3.utant parameters are apeaified by 1.5A N.0.: Fidxn ...•.'Code 28= . Q5Q4 under SIC code.. 4-952 . These faoili es .era Cl;aes' I facilit: dg under :15 s.N.G. Admizs� . .• • '• Code 8C'.0�02, which rule requir ore The opivisioia tool�minto frequent: basis :than. MOnthly . -3- tr0'd ZV:9L 800Z N L1Ef 9CG9-19Z-8Z8:xBJ 301AA0 M NID lit+ cQnsider.ati..on that these perrmittee$. were, siir l® family Cr homeowners, and ix%cluded permit terms and 'conditions which.. : regtii red lees frOgUClit monitoring than .speaifi�d by rule ... Iderxti fy. all c.am;riisxzitations regardin the Peti.tioniB. s' waste1 %eater treatment facilities or permits over the last five i5) years by. stating' the form of communication, the parties to the eommunication:"and the date the communication .took Place-. RE�ONSP : ,. Respondent ob j acts - to this request oxs� the gouncle that it is vague. :overly-b.road;'may geek-'production-of?attoVney- Client COm�11unZCatio2ils and/or .attorney work product, and compliance with its terms would bar if. riot.imposssbleI at the least unduly burdensome. rurtrher, to, thO extent this interrogatory seeks in:Eormatian regarding oo uTiioatic�na to which petitioners, were a party. they.. already .possess the .intq=a•tion.. Subject . to and without waiving :its o7jec�'tionsr respeax�detxt. will. make available to petitionera®. ,counsel the noa-.privil'eged . publ c records concerning :the petitioners'. permits 'for inspeaticn and gopyixig in respondent's offices during riormai busiziess. hours andupon• reasonable notice. to respondent' a coUnael . OR P1to��r�To Pxo.ciuce copies.••of .permits identified in - interrogatory number I ' RE .P.OPRSE: The.petitioners alread -possess aopi.es of their per�ni.tsr wh cis are: th only individual permits reeporls,ive to this request. doavm�nts and other materials ' I . Produce 'all correspozidex�ce, ' :. ' airdiTlg'tiie Petitiox�er.s waste water treatment, .faci•lity or permits ver ..t,he: l.adt five. (5) y ears. RESPONSE- Respondent objects to this request on the.gr�uddat�ont of is vagua,r overly -broad,., . and may seek p o � work attoxr�ey-client coMlInica.tion;s and/.ar attorney product. Subject to..andwithout,waiving..actions, ..its etitiori� rs' Goux�eel respondent will .make available to P. tha the ncn�rivileged public records concerning, petitioners' .permits for inspection and copying; ' ixi respondent's of,fioes during. nox'ma7, buBines:a hi�urs and ' -4- 50'd Ob:9L 800Z CZ Uor 89E9-15Z-SZS:xed 30I�A0 NIO lltl fl; :ice{. , F•• ,. . . ._ ,i Upon. reasonable notice to respondent's aotinsel. $'. ? Produce copies • of the r.egulAtory. . and statutory provisiorxs r ,;R ap d nt oi.tes..ao''.authori�y. , for their revision of yeti tiaz�er." s w�is't��nrater tre'atmgAt.., acuity psy^�nit.. ,�RESpoNSt.­ Respondent objects to this rsques.t, on'the'g3 - ex ys .that it is .vague, appears to mis-characterize.. respo�ident's ". act, :ions iii this matter, . is outside • the. scope `of permiao�bl'e discovery', may seek p odLtc ion of. attorsiey 1 work product; 'and. casks production of'' doct�mc�tits ,vdhich are equ;ally - to .available. to the petitioner. without waiving its Q jectioris,. respondent has identified in it,s..r�.sPQrises pet t.io ers' inte,rrogataries those ' authorities' it iareporting. nitorj#g. .nd Is • ' support the ma corten the rocIirements contained in petitiox�� s' permits. • rules. cued •are... ..available at respondent'.0 website., At- htt o enr.staste.nc.us a in rules sodas :tatutes.h .' pXodua6 'all .other .documents tin Respondent's possession not asked r qu sts for .production- but otherw�.se relevant to this :-mstt 'r. an the• offip.8 of 'Admire' istrat,ive Hearings:.. E��OtQSE.: Respondent oksjec,tsto this xeCrOO . Ran the grounds that• it overly -broad, unduly -burdensome. Cutsid the Scope: of permissible discovery, acid ".'may~ . seek :producti.on' of �att,orney�-client , Communication. • or .attorney -Work, prddu tA. , Subject' to 4nd without waiv.i .9 its `ob j ecti.ons, re�spand iit wiZ�. make. available . to petitioners' aounse+l the non -privileged 'publicrecords . conaerhing the petiti�3zErs'' 'permits for inspectioxi aiid . copy�.n� in reepondezit'e. o£ficas during no=al business: hours' and' upon reasonable :notice to resporident' s counsel . 90'd OV:9L 80H H Uef EEE9-15 -8Z8 Xed 131dd0 A NIS lld . � • � " � .. � .� ,General: �'er�nit NCG550000 �`: XZI STATE' -OF NORTH CAROLINA 'DE AR'T'Ni N'I' "OF 'ENVIRONMENT -AND NATURAL RESOURCES DiVISIQYV.WATER� QUALITY :GNERAI. FER1ViIT 1oiCC5S.0��.0 . ;.:LI"OIAR�iE OF DOME.S'i'IC WAS'TEViTA'TER FROZVI.:gINGLF.E FAMILY:'' -.: RES :D IVCE.S ANT. O'IHER,100°,!o D0MF-STIC,DISCI1ARG.ES WITH. SIMILAR. CHARACTERISTICS UNDER THE ATIC .NAL POLLUTANT OIScHARGE PLIMINATI01q $STEM ii'orix licence with the provision of North Carolina General..Statute North Caroin�a . J;... - ... P . la;tiv£u1. standards and regulations promulgated and adapted . by :t tivironxnental 'ManagemOtit °Canlinission, and the Federal V+Tater P atars hereafter . . amended, this. p 0--dit, is hereby issl ed to all owners or op , 9 -. .. per.mittees, which- are covered by this permit'as eid n s o ed ara�low the discharge of of :Cgverage by the Erivironmental Management -Commission „.:.tr .at6d aornestic wastewater. in accordance with e e Ii III and IV he e'of monitoring requiremerits, and other. conditions set forth in Parts �, 'Irl is:perrx�it shall'become::effective August 1, 2007. `h"rs°'perztiit: shall expire. at midnight (in July 31, j�'i2. oRaGi'1�i�L` SIGNED, sy SUSAN A. 9�z:LS.oi� Coleen H. Sullins, Director -Division of Wat& Quality onmental, Management Coftimissiori . By Authority of the Envir page 1• of 11 Pages 60 'd UU :9 L 900Z 0Z Ue P 9H9-L5Z-8Z8 : xeA 131 JJ0 61 N30 11V General:Per nib NCb550000 L �.SQiii i�l1i•;'.'�:'.. .i3L,a,:r : r_ �: _t.r _ ... - PA►R ;,'1VLO is TOM NG, e;ONTROLS, AND LIMITATIONS I�'OR pI,;�NlI'�TEY� ]�ISG'kIARGrES 1 .' r LINIITATIONS.°AN17 MONITORING REQUIREMENTS L?izr2ig the, pEriod beginning on August l; 2007 and lasting expiration, the Permittee is ia'wastewater. from outfall,OQ'1. Such discharges'siiall be: limited and ......':..: auE 7lar, a?.to tlisclzazge dpxiwst belovsi cified, • , • .•...:;:m�XYifiored by-tiie.Permittee�•as`spe : .. . .............. - r. ; .r �y (�t�y.l..:? ; •:y.'!ai 7i; ('., t..t.:! `�' +,+�.i..i'� :r., .ik 1 ,_.l:-: `: 'fie - ;.;'1T,jF�',,..,ry r , effluent An.nu � Estizriate .. ;:�!1Q�:2• •• ....:. '• : Effluent . •BaD:,;5�Day; .20'C 30.0. mg/1 45,0 mg/1 Annually Grab ... 3' 1 45'.0'm AnntlaIly Cxrali Effluent , ' isgefided Solids 30.0:fig/ g/1 .i. 400 /' 100 Grab Effluent :ke0Coliforai00.'/ 100 ml ml Anrivally (.Ceoanetiic zran). Effluent Total i�esidual'Chlorine3` . Annually Grab .. '.:Effluent-ie defined asvrastewater leaving the treatment system, prior to discharge into a creek" or other waterbody.` The'.wastewatex diseharg� flow from this' facility may not in any case ex . e 10od gallons per.., 'day. analysis. A North Carolina cei-tifxed• laborato must perform The sample shall talon froin the effluent ::; 4::.IriStream .chloririe levels'•are not to exceed 17 µg/ pipe;.prior'to discharge into a creek or other yyaterbody. TXtria�?i�taeR�i seq uitementa for ex#stiag (Pierriowsly aoastrueted):>sya'to,ffis: peptic az sand inter, aild'dieinfection,: All -facilities adding cl�lorinaiiorl after the August 1, 2007 '` perrilit.wili' also'be be •wired to add• dechlorination�• . ,.•�ffeati�►e • date of this , re 4 , T�atmient 61rstem-requilre3nent!I for now (no ry t constructed) s filters, chlurination/dechlorine:ti'on S;e ticAatlk (with riser}, prisiiary:&secondary ( aratus. , equlyal�nt.t6eans of'disinfection), and post -aeration app To ensure ther' he tablet chlorinator and dechloxlnator [if applicable]eoperation. shall tin.e ini The dechloneated �nato rtunit shall be labeled ad6quate supply of,tablets for continuous & proper p ""deoYilaririation' only". .. ' .'The,permittee must'cotxduct and ed sment the following mainte all time to prevent se pag of sew -age to the, surface of the'- .'..e` S.epttc:tanks. shall be majntain ground. .:•.=.Septic:tarxks will tie checked at Least yearly to determine if solids must be removed or if oilier ` ir1@iri'tenance:'is necessary. ; Seg#ic:tatil�s 'shall :be. pumped out withirY three to five Yeats of the issuance date; on the Certificate • . of Coverage. ntt5. removed .from septic• i anks shall be disposed at a location and in. a, manner comphan Corte....;. ..-.:yvith all local aril state'regulations. app aratus and (if applicable) dechlorination apparatus shall be .;' iz.p'eCted:'eekXy to co#i'rrn'proper nperatiari... 'r a minimum of three years, ua1 sampling data shall•be retained onsite fo T}�ere shall be no discharge of. floating solids or foam Visible in other than trace amounts. Page 2 of 11 Pages 0l'd 9V:91 SOOZ OZ Uef 131dJ0 bti NIO 11V :.. 0 • General`Perinit NGGS5OOO � PART 11 6TANni CdjgO;TjOriS )POP .NP�DES PP Ix 0. bkLFINiTYONP . ,• 1, '1'errnit ssuins Authorftv;' The. Director of the Division of Water Quality. ..�; `'.3�iv_The pivision of:Water Quality in the North Carolina Depai'traent of Environment and :., iko �Tattlrai Resources. .. . • ` • .. . .E tZ RC:; North Carolina Environmental• Management Commission, 4.• ::Pe'rmititee: The ezltity who obtains coverage under this General Permit.by sukisequent issuance ecf a'.'Certifldate of.Coverage" by the Division. Act"::The Redera-1 Water Pollution Control Act, also bnown as the Clean Water Act, : :as `amenddd,.33 USC .1257:, et: seq. : ' .6..•. Cone trati n M asurements a, Monthly Average Concentration: The sum of the concentration calendar month on whichConcentration:g daily discharges tee" s�rnpled and/or measured during ' :' '.' • number of daily discharges sam sarripled and measured, divided by •the pled and/or r measured during' such month (arithmetic mean of the daily. concentration value's): 'rhe' daily cocentrativin value in the case of samples is the. arithme f grab mean (weighted : by flow value) of all the samples collected during that calendar.dny.. V. ltilor�tlily P;ve�age .Concentration for Fecal Coliform: The geometric, mean of tYiB counts' : for sarsipies collected during a calendar month. This limifatiorl is ideiitifiied as "Mc�iitltily. Average in Part I. -Of *the permit. Daily Ma:kilnum • Concentration: The concentrationtaker1dly cale utaut. he conC�ntratinn of cakeridar: day.: If only one samp1e is -Max ,Concentration". ,It is identified as pollutant :cenulatod •from' it is the "MaRimum D : "Daily Nlsximum":in Dart I of the permit. collected over a pdof time 'iiot 7, 'Grab Sam les; Individual samples of at least 100 ml erio deeding 15 minutes: 'Grab .samples can be collected manually: 8..:; •Calculations s equal't6.the : a. Geometric Ivleah: The Nth root of -the product of the a duivvdwl alent tolthe antilog oflthe arithiti tic 'number of individual values. 'The geometric mean u q mean of the Ioarithms, of the individual values - For purposes of calSulating the geometric mean,' vahxes of.zero, (Oj sha.0 be'considerecito be one (l). g.,. ,fiazardou • Subs ,ce'. Any substance designated under 40 CPR Part 116 plrsuant to'Section: 3.1'X,•of:'tlirt C1ea Water -Act.- j oxic Polltitaiz: -Any listed as toxic -under Section 3O7(a)(1) of the Clean Water Act.' 11. Bypass: The intentional diversion of waste streams from any.portion of a treatment facility (iin1clLtding the collectign system). The permittee may allow any r- assentiala s to occur which doeS:not caaise.effluen•t.limitations to'be exceeded, but only if it also is for- esseintenarice to assiire.•efficient operation, : Page 3 of 11 Pages 11'd 5b:91 900Z u Uef 131AA0 A N30 11V CG 0 m' N 5 0 ne ai er 1 Ge r C the treatinent` :1 ,.Sr~v fe`pro ` eriy dam' a e:'substantial physical damage to property, .d: xnage to faailitie's which causes them to become: inoperable, or substantial and. Permanent ypas088 osf nature] resources which can reasonably be. expected to occur in the absence of'a bypass. §evoiae: property dairta.ge: does not Mean economic. loss caused by delays :production. 8L `' An exception incident in which there is unintentional and, temporary'noncomplianee • " • vr(,th, technology -based perniit effluent limitations because of factors lieyorld 'the reasonable : , • � caritrr�l of es not include the permittee:• An upset cl d' treatment faeilities'nonconinadequat pliance to ttredtmeho nt facilit es by ` ::, ;op ratipriaZ:errdr:; izapropetly designed'. preverltveaii7jtenarieo,>or.barelesa or improper operation. :: Ql►i:8' _IGrENE»i1T% CO ITIdN9 : 'I)itxto.Co fly. : e:.peiiYlittee' must comply with all conditions of this General Permit• Any pert�nit noncfor perm. tes ,a violation of tlrio -Clean Water .act and is grounds for. enforcement action; for permit -; tertitibiat on, xCvoCation' and' reisauaxlce, .or modi>"icatian; or denial of a permit open renewal a: ''�lie:persx�ittee shall comply with standards or prohibitions establehed under, section 3O7(a) of -the..Clean. Water Act'.for toxic pollutants within the time provided in; the_ r'ep,�ulatids that establish ;these standards. or prohibitions, even if the perirlit lies not yet been.modified'.to iricorparate the reCluireiitent. b, The clean: Water. Aot' provides that ,any- Persari who violates a permit condition is 'negligently to • a ' civil penalty not to exceed $25,000 per daffy for each. violation. ,Any perso n••who 'negligently violates airy permit condition is subject to criminal penalties of $2,500 to $25,000 'per' day of, ear, or both. Any person, who knowingly violation, or imprisonment for not more than ' J ' y , violate8*ny permit conditions -is subjeat•to criminal penalties of $5,000 toeate, who iolati�s a' violation, ,or imprisonment for not more than 3.years, or both, Also, alaY'F P:�rmit:conclition'ixle�y be assessed an administrative penalty not to exceed $1b,00.0 per violation' :.with the miibdmuiri'.allid unt not to exceed $125,000..(Ref: Section '30� of the Federal Act :33 uSC 1319' and 40' CFR 122.h'1(a).) ,c. U'nder.state law; a daily civil penalty of net more ha violates or fails toan. twenty�fjv.e ac an K co[rdance with ger, violation rriay 1}e assessed against any person the':terms, conditions, or.Yequiiements.-of a permit, [Ref: North Carolina Genetal Statutes 143- •215.6A) Director a,: AUy,peison may be assessed an administrative penalersbntytt o d flan artlimit tiot� mplementing 306, 307, 308.; 318, or 4.05 of the Act, or any .p any of ;such sections in'a permit issued under section l oi7f 'with the maximum am unt of any fot' Class 1'violation are not to exceed $11,000 p Class.J penalty assewd not to exceed $27,500, Penalties for. Class Il violations are not to ::.exce�a $11,000 per•day far•each�day during wYuch the violation continuea,.with the•maxtmum ainaunt of any'C1ass,II penalty not to exceed $1.37;500. s to aunimi2e or prevent any arse t�oix Du to: ti "ate discharge in viola f sYi to a11. rea onable steps �•�_ - -:::::*.r:�`1°i`e:•,�iyi°s�itteo�• all•: .. .. ' •' ... .: •: ' $ .. C' : :and Cri a1.L abili (Part F cept.as .provided in permit canditioris on °Byp'to rni'ieve the permittee from any blspoiisb ili�ti.'ea; C.,7.), nothing in this permit shall be' construed :.. 14.3-215:6 or Section 309 of liabilities, or penalties foi' noncompliance pursuant to permNCCxs ttee3-3 5 esporisible for consequential 'tkie., •.. ederai Aci, 33 _USC 1319. Furthermore, the p :.;.'c�aznages,,,euch as: fish kills, even. though the responsibility for effective .compliance znay be rx�ticraril su'spezid'ed, : off-arid•:HezaYdou� Substance•Lia ility. page 4 of 11'pages ZL'd 9V:9L 800Z 8Z Uef 88E9-L9Z-8Z8:X6A 30IdJ0 A NIO 11V NCCY550000 .. .. .. • .' .. •G�rieral.Permit '• i'ng' In 'phis, permit .sh4- be.,construed to preclude the i�nstitutiori of :arxy, legal action or relieve tlie=:permittee from any responsibilities, iiaiailities, or penalties to which the perzniftee is or may he ii.b - fo` -under .NCGS •1443-a15.75 . Bible for 'corxsegitentielodamag sue, such as fish kills; Leven:' e is res o ' Flirtkic3.more;' the ; permute p -:°. tYiough the:rr<spons&1ity'for effective compliance may' be'temporariV quspended. : 5,. Pro a R! h s " = Tlze; ssl ai�ce. of this perrriit: does not convey any property rights ixi either real or personal property, ; exclisiva privileges, :nor. does it authorize any injury ta•,private property or any invasion of oxis. .:�ierspiiat'rights;:nor•.asry.infsgernent.of Fedora], State or local laws.or regulati 6 (3ns13"re—oo ; difshare Co ctiora -•.,: , ,permit does:. rtat: aathor�e or approve the construction of any onshore or' offsli6re physical uatuxes or faciiitie:s oithe -undei'tOdlig,of axiy work in any navigable waters: 7... Sev, rabili ;Tr.. . I.F. vscans of.this .permit• are. severable, and if any provision of this permit, or the application of ahy provision of tkiis. permit to' a2iY circumstances, is held invalid,, the application of such pxovisiez� o�ces, arid..". remainder of this -permit, sha11 n.o4t be affected thereby.; Du � •_..to Provide In£orination itYiin a reaso-riable time, 'any TYie: "permittee ; shall furriibh to the Permit Issuing Authority, w . oi-tiiatiori *hick:thC-perariit Issuing Authority may request to determine whether cause exists fair odif' ii�g,' revoking and• -reissuing, or terminating this permit ing Autet r mi'ne on reqompliuests' copies with hof Y ... ;priri�t.; •The .permittee' shall°'•also furnish to - , -doords required to lbe 1r pt by this permit. `,to.•.R xpiratian•date:.df;' _ If: tkie; permitted wishes to continue an activity regulated by this permit after; the.. e ila..pgTm t,: the perrnittee must apply for and obtain a neW permit. .,10.,Pernit T rminano tics General it and Certificates of Coverage tex.'pu�lic`xlotilce `arid opportunity for -a hearing, i $ued'.ui deir this GerieraT Perm t may be terminated far cause: 1 , •V hen an Individual er' t mey be Reg ire for. and ' The.. xi?ay require ally `Owner. authorized to discharge under this .' re urired include-), but are ' o t tliyidual: lxerniit..: Gages where an individual' per matiy q : r1o!E;limited•.to; th . fflllov�ring; ji; The dischargez is a sigrAficant contributor of pollution. ' • d- :.. b.... Canditiolls at the operating facility change altering he for situ oral Perm it.charactetiatics1 of the: diecliarge such that the .discharge no -longer quali • .c; 'The discarge violates`the terms or. conditions of this perrriit. � ractiees' for•'ihe cT: A change• .has .occurred in. the &&ability of demonstrated technology or p control.or abatement of pollutants applicable to the point source. ' ..e, , "tftliient limitation guidelines are pronulgat d requirements applicable toe such point sources is El water:. gixality m anagem Erit plan -containing 4 after the issuance of. this permit. approved `i`his :permit MAY'bc, teriilinated as td• an individual owner for any of the. reasons set forth4bove after:appropriate natiee In accordance with N.C.CI.S, 143-21$.1. ...1 , Vilh ri arc Irid vidital Perini . ma be Re est d -Arty .pertruttee operatiixg tinder this permit may request to be excluded from abili a ofetl s aczie al :. fpX an f ibvidual per*riit, Wheri'an individual permit is issued, the appl ' ?dim t'is �utorjxati6ally terminated. on' the effective date of the individual permit. Spry Rea— uis ements ,ll;:a Iicatioxis,'.reports; or'information submitted to the, Permit Issuing Authority shall be signed' P ailtl :certified: ' Page 5 of l i Pagas U *d LV:9l 90H 06 Ue f HH-15Z-8Z8 : XCA 13 1 Ado N39 11V Cxezieral `Permit' 6Soboo' - be -A - applications shalt signed. as follows: officer of at least level of 'vice - - by a principal executive 0 .thee case of 'a corporation; V ibidfor the (1)., - In if such representative �rescntative is re�,Ponsl authorized representative, �idenf. or his duly pre described in the pdrmit aPPlidatiOri" dl.o�erati.6ti of the facility from which the discharge by a.: general P4i igiriatt fol"M s;(2)jjj fYie case of a partnership or sole pkoprietorsbip, or -or the p-r6priet6rr6sp6ptivelY; • or; �.by either a principal -COLSe Of EL Inuni 6ipality, 'State, Fedral, or other public entit _ 'executive r- ranking.. elected official, or other duly authorized j requested 'by- the' -permit Issuing .4 _f -,-r information requ . . _A114'. -�epkts. 'required - Dy. . 1Lne per an b . thorized:r6preseriTative .01 shall b ki&ied..by a on -described above or by a dl;-Iy. 'au Au only if. esent�tive 0 trial _P=50 jiQr ow above') Thc authorization -is made in writing by a person described tylor th6 (2) irE* - otizixti62�1 sp6cified either an individUal or, a position. ha�ing 'res�orisib a authorization or activity, such as the P'o "iOn of pjant niahager over-all operation. of -the regulated facility nt re "'6nsjbjjiiy, or an d :for the t ofa well..o.r well field, superinten ent, a position of equivalent qp -Opera: or rail: responsibility for qnvironmental.� %ri4tters or F�n 'individual or:. positioti- having ova :jndi�idual-`i. _y tj�,orj2�6cj representative may -thus be eithef� a ndmed: c-bj�jpktiy.. - (A.-d­dly `iill: an ji IL di�.WuEil.ocpll�rjitii aixiamed-po�itiox d t or on is submitted t6the Permit Issuing -Authority- Th -*tftt�n�atwh. -this section.sh�ll of. under paragraphs peio� - signing *. a document -bot &ation. I I certify, uftder penalty of law, that this document and all attachments were prepare under my direction .or supervision in accordance with a system,designed to. a0i;ure that e the. information submitted. Based on qua 'fled -p nel-properly gather and evaluate . those persons directly ergon ns who manage the system, or tho. inquiry Of the -person or persons is, to thd,best of :';responsible for gathering the information, the inform4tion-submitted curate, and complete; I am aware that there are mY kn6l�rledge`Aad belief; true, ac M JmpcAn... p i son se infOrmation, including; the possibility of fines f6r submitting false ift�nt'fok'1�66wjhg violations." r 14 Pai'mit Accioiis Twt Ming 0. ?L ked and reissued, or terminated -for Cau a be te'rmihatid'' request or.rrjit. ' may eissuancO, OT , e�e fo, a. permit modification, revocation, and r by ..the pert itt ricoMpliance does not stay ashy permit condition. anticipated -no tifica:tipia .of planned .changes or an t Revocation .nd ReissUan9ft,.gTerllnp6tio Le permit is.suing autho�ity from.. reopening and f thjj'i�sei)��it does not' prohibit tk by issuance 0 suing the permit, or tertriinatitig the �armit as ailbW 'aif , , � the permit, revoking. and reissuing Tno ying. -deral'RegillatlOils, pafts'122. and* �ules, and ragulati8ns'cantairied in Title 40, Code of Fe a ch ' r 2A'. 010b; "'and North Car-olina Administratl�e Code,'Sub aPtu ;Ge & th� 'N6fth Carolina 69. der. L .0 AN-P OP hOLLU ION CO ROLE ON AND MA114TO OY a 1. Certified _QRergitdr . a General'Statutes, the permiftee shall employ --.90A-44 of Carolina W6.stev�a er: - �$U��T to Chapter. q. of the r 4�jivalent to or &6atet wastewater tfe�Ltmdrjf plant operator in rospdtis�ible charge (OR tie'd Was de: e -a certification.of th Suchbpd�ator must: hold e, gra fa6ilitiei. the peritjittee shall nctifY a assigned t6 the 'wastewater treatment. da bf any an sjfic�Ltion ass cl .9 Liii twee 'the Division's Operator Training and Certification Unit within ring I e ' ipj.19 ntif thii -pertnitfte changc in the 'ORC status. -NOTB: This requirement does not itities are not hem of classTication Qf. theracilit.y. . Currently, fac time in the.j1dure. r: 5:PU -4ut Tew i# spmc rp9s .0 page 6 of'i I Pages V I 'd LV:9 L 900Z U ucP 9H9-15Z-8Z8:XEj 131AA0 A N10 11V Generil' Permit NCG550000 ^+ •iriten 'irrati` ;n.ain d maintain all facilities 'arid systems of perxniitee . shall . at.: all ties properly operate an p. treatment and control (and related appurtenances) which are installed or used the ermittee 'to. aCFiieve 'compliance' with the, conditions of this permit. Proper operation and maintenance also } includes 'adequate laboratory controls and appropriate quality assurance procedures. Thus prd�rision ..ad es the operation:of back-up' or auxiliary facilities (ox'simila= systems] installed bye { ,.;,peiziiitee 'oi1Ly. when the; operation is necessary to achieve compliance .with the conditions: of the Need tbll [lt or 1.'ed denot a•Be'fense slialX:riot be a: defense.for•_a,.permittee in an enforcement action. that it would have been necessary fe~llt or reduc6.the: perxmittetl activity in order to maintain compliance with the conditions: of this ' d Treat ment-Fgcilities '�4•'. .na :. .. a .:Bypass not'exceedirig lirxiitatiaris: The'permittee'may anow'any'bypass to occur which- does.not.causa effluent limitations to be exceeded, but only if it also is for essential maintenance to assure .efficient operation. These ,l�ypeisses are'r�ot subject,to the provisions of Paragraphs b. and c. of this'section. (1)" Anticipated bypass. If the permitted 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 t}ie'anticipated qua]iiy and affect.of :tile by ass: The ermittee 'shall submit notice of.an unantic pipated by as .:(2);'Llriariticipateci',l�yp . .. . "x quired in: H.B.6-of this peranit. {2A�hour notice). n: P ohibitio. ypass: :#1)' •' B}iass is proYiibited and the Permit Issuiizg Authority may take enforcement action 'against. . : a•permittee for -bypass, un ess: $ ass was unavoidable to • prevent loss of life, personal injury or severe property_ ( } , yp damage'; (b) .There were no feasible alternatives to the bypass, such as the ua� of auxiliary eriods of :. facilities, ratention"of untreated wastes or .maintenance during- normal pui merit eq.11 pmq' ni doi� Mime, ' 'This condition is not satisfied if .adequate backup eq p should ha�+e" beep -installed in the exercise of ,reasonable engineering` judnent to present' a bypass which occurred during normal periods of equipment downtime', or preventive maintenance; and ' es as required.under Paragraph b. of this section, (e) The,permitt6e;submitted notic (2) The Fermat .Is'Authority 'may :approve an. anticipated bypass, after considering its :rlveie affects; ;if tk�e Permit Issuing Authority determines that: it will meet the :three conditions. ]isted:above in Para rapt c. (l) of this section:. of • up -se ht.for noncdni Hance witYi'such ' ari u An. upset constitutes an affirmative defense to an action broug, h of this ,.techn.ology based pei`mit efflucx�t limitations if the' adfninistrative ruirements of e etv of helms that' canclifiori axe met. '.No determination made during :. ii4ncozXilliance was caused by upset, end before an action for nar9ompliaxYce, is final'. admilntstrativc action:subject to judicial review. b. Condition$ riecessaly•foi' a' demon- itrition of upset. P. perxnittee-who wishes'to establish the affirmativodQt a elevantof tevidence that: trace, through properlly :signed,. dp4texppoxe ieoLl operating hogs, Page 7 of l l Pages 9l•d ev:E 800Z 0Z UBP 331330 M U0 lld i Permit 000 entify + .' ' .•'.-.�.,';.: : ; ' • •> the ermitt�e can -the causes) •of the upset; Ar up8.0 occurrpd.:a id th t.. P. he: tixne. bean xo er o exated; and (2) The permitted facility' was at t g p p �' p (3} Tlie permittee submitted notice of the upset as required iai Part II.E,6.b.2 of;this permit. 3 : ,The .permittee complied. with any remedial measures required . wilder Part II B.2 of this perrilit: o. Burden of pr6o . ::.:. . . :• ::In.atlY.enfor66meiit. proceeding the permittee seeking establish the occurrence of are upse ~has the;bi�zden.of proof .. (�: Reirived Substances moved in the cour6c of tl. I olid ; _sludges; filter backwash, or other pollutantsNCGS l43 215 1 and: iri a ruarmersuch asrto o, Waatevsiaters shot be disposed of in accordance with '. `pYevent ax?3' pollutant from such materials from entering waters of the State.or navigable waters Of the Uriked States: The pertnittee 'shall comply with. all existing federal zirill s ed by the1ng. the Perniit •;dispoja1 af, sew. sludge,. Upon promulgation of 40 CPFt Part �iO3,,any p ..'. 'lsuirig' Authority for the disposal of •sludge may be reopened and rizedified,; ox...revoked. and reissued; tv incorporate applicable requiremerits at ,40 CFP Part 503. The permittee shall comply u?itYa applicable 40 CFR 'Part 503 Standards for the Use and, Disposal of Sewage Sludge (when ' `;pr¢xriulgated): within the time -provided -in the regulation, even if the permit is not"' odified to iiarorate. ;the :requirement. The perm ittee 'shall, notify the permit* Issuing Authority 'ofY 3giiific t aage,iri`•its,sludge' use Or. disposal practices;afeguard. :7: •'Power' ailux es T 16 lieimittee is. responsible for maintainingCodeequate Suhchapt r 2H5 Reliability,0124gprevent rile 'Pith :15.4, North. Carolina . Administrative . , discharge of `untreated or inadequately' eBeneratvrs or ted wastes aetentgi electrical of inad qu tely treated 61luenty : ane;o¢:'alternate polyer sources, standby g D_ MMTO 11�'C,' IUD RF,C ci 1. R'epr'sentativc S; }?hra " . a p]es collected and measurements taken, as required collected at aher1f equencry Less than daily volume nature of the- permitted discharge...Samples. period the skull be .pollected on a day and time that: is characteristic of the . discharge over the . safnple represents. ' ermi All• samples shall be taken at the monitoring points .spec her wastes eaill, ' and,..:finless ;other iise:spec ed,. iiefoi'e the• effluent joins or is diluted wit qu .: bp;dy'spf oysters or 'substance'. ,117ioi1ittiring pomts shall not be. changed w�tkiout :notification to and ..,tiYfe api?roi�8,l, of t.h. pormit:Issuing Authority. 2r. T st •Prodg °Teat procedures• far the•.analYsis of pollutants shall ndlAioxif toR portingActs and to regulations. :.,pursusntAo•NCGS 143-215.63 et. seq., the Water Quality p, a6lished •pursuant to section 304(g), 33 USC 1314, of the Federal Water Pollutio re u redl b C this Ariietxtled, and regulation 40 CFR 136: • To meet the intent. of the monitoring q Y ' ' .:• , pe«irxthat nit; ail teat procedure men sxoduce minimum detection andand all data generated muste reported down sto the ,miiniraum :ti*"-0eYip1t d1sel�arge'iCq.. " �Ai.t ct o x' or lower repoxtirig level:of the;procedure, • If no.approved diethotls ar requ r ments,then I „of acf}ieving iYiini ' ' `&tecdon and. reporting; levels below permit discharg roved method ' fYi ;'r osf sensitive• (Mnetho'tl with the to . e possible detection and reporting 1eve1) approved > .must be..sed. Penalties or T_ainLei ' :— --erson who falsifies, tampers with, 'or knowingly rericlers' :.`i'h�'.Clean'Water Act provides.that any'p iliac any. monitoring ecl b device fin of not more than $ 0 0 0 p rrequired to be �vio ation,-or by -imprisonlxient iipori conviction; b4'punish Y ftir tzi�t• more ' than' 'two' years' per, .violation, or by both. . In. the Case bf, a' second or. aubsequerst' ' coxiy'©i�; punishment- is :a fitie of not more than. $20,000 pez Aay.o£ violatiol2 or by irripiisoriznent of :'riot-ixiore than 4 years, :or both: gee g -of 11 pages 9L'd 8b:91 Boot oZ Uef 89E9-L9Z-8Z8:xed 1319d0 A N39 i1v Cxeneral Per 'it NCG55OOOO rL; Y.V:,':i'P1i :r 4. ;..Tccor�is Retenti� The _Ptxinitte,e shall retain' records of all monit 1 9r. c ontinuolxsibznon . 0 chart recordings txiaintertaxiCe ''-records and sll , original strip: tilLxrieritatiofi, copies: of all reports t•equired by this permit, for a period.of at least 3 years firoxn application.. •`this period 'may.`be e9�teTitled by le' tneasureixient, report or al t'e;: of :the'-aasnp . j ;,;euest:of •the' Director' at :anytirr� e: F':`'.ah'.me2�suremetit' oz satYiple' taken pursuant to the requiremersts of this, perziiit, the permittee record the foIlowini-iftformatiorn; mate,. exact p�aee; .'and:time of. sampling or measurements; ;<.:.; a `•.' '.. g or measurements; , I f�, '1 a iiicl vidixsX(s) who performed. -the sam ]in e:date(.$). ar�?seo.�irere'.erforrried; 'atxalysea; .iftdividual(s) wYio.;perfc3rmed the h or methods used; and '4iW. yticai-techniques . ti •'•: .`:: `� : resiilis. of sucYs : azsasy.� es: , . '>°.:::: ;;.''i`he; :..:. ;. sp�etit on. and Entry' ' p on the reseritation- of ' ittes; shall`a, b: .V the Director or his authorized re resexitative[s],: up p i?tials`arlct other.' ddcuixients as may be required by law, to; a., Enter upon the permittee's .premises where ilia2ldetdtOns of tauty s peactit1 ty is located ,vr' ' records must be kept under '. CO.nduptdA, or where ' Have, access to .and copy any records 'that must be kept under the cotidigtio ps pf this pact es, or and control a ui merit ; p a.:..; IiispEGti. any. facilities', ,:equipment; (including monitoring. :. . regulated or't equlred undtr'this permit; and r '• as, wise autY,orited by the :. : •; . operations' otlie ; : ' :: tI: __5'ample ; or: moratnr; fortl�e u oaes of assuring permit compliar►c�.. or ' :. P: •: ;C1? Sari Water Act, gr►y .. bApnces_ or parameters at any location ti�I�MEN'rS .1..:•..,Stlaniissibn.of Re ort 'Subzni sion of standardized monitoring fortes or other the ort�ir q�i� d by this Division be , required.. All nionitonng information and copies of any p report -or om the datethe �perrrtit retained on site for a period of atef extent 3ded byfrequ quest of Director at 9any time. The by ppkicatibn.. ` This period may of recordsregquired to be rapt ley on request, copies :.shall.Wrtish to.the,Fer it:Issuing Authority up q tYii.,iexmit: ,C nee in Discharge gas authorized lieein sha11 be consistent with in this p mi eefrequentlythan of at a levt lltri e�ce s .' cliserh The : disr e . of arly P. 611utattt• iderttificd a violation of file permit. oft horized .shall cot7istitllte �sible• of any planned :phy6ial "r : p®rinittee . sha11 give notice to the Director as soon assposonl vcrheri' . Notice is. requii ed Y terjtiotxs' of additions' to the -permitted facility. e alteration 'or. addition to a permitted facility may meet one of the critrla for detertisining ' • • • . �:.... ::a..• , ysrlaether a facility is a new source iti 40' CFR Part 12 .29 (b);. ter"e'or increase 'the �alt�ratioh' Or addition could significantly change subject the nattirgtoaeffl ant ' .. ` b, The 1 pollutants that are not ,: `:, pplluts?rits: discharged. ..This. notification applies t . p under. 40 CFR Part -122.42 (a) M. lilriitations iri'tlie'p; xmit or to riotifiCation requirements 4. .An£ici ated Noncom licence planned changes xri the permitted :;'• 'Zli'-.permittea.';srial :giv�::advanee notice to. the Director .of any g with xetluirernent's:: • facili or:activlty tliat'.tnay`result in: tionaomp]iance permit S;':;Tresisfer Page 9 of 11 Pages L1'd 6P:91 000Z CZ Uor 9H9-19Z-8Z9:xed 301�A0 M Fi30 lib' • i Gerieral Pez`m t NCC7550000 • he Director. :. Thit,.�@rmlt is'•ilot i:taneferatile to any person; crew option and reissucept after lce tO and ap ance of the perm and incorPorating :>Th-.. Director may require.mod fication such',other. regrnef�s .as mar be lie under the Clean Water Act. ..6w:;;.:bu:':.•ta •Re rt N zico li e. ..; CL a. ` The perm' a shall' report to the central office the e r thementropr a information f shall be rionccompl<ianc 'that may' endanger heal ro�ricied'. orally . ovithiri• 24 hours from' the time the pefxnittee' becaria'� .aaie of the . . ..ci cu7rtstances. A •wx'itten •submission she also be provided wit}?in'. 5 days; o e time.. :;pe�naittee'tiecames 'aware: 'and its cause; the of thecircuinstarioes. _ (1}. The written submission shall 'contai exact datesoand n of times, and liflthe non .ompliance' has period of noncampliatce, including " .not• been corrected, the aizticipated time it is expected. to' .continue; and steps taken or .. 'planned to eduee; eliminate, and -prevent reoccurrence of the noncompliaxice. b.:.' M. efollowi?ig;..shell. be .included, as, inform be xeported' within? 24 -hours.undcr atian that m' this paragx'dph, izriarztiCipaf ecl. bypass'that exceeds any effluent' limitation., in the: pent. (2)Ainy upset which' exceeds any effluent limitation iia. the- permit.'.: . (3] .Violation "of a iri�dti;um' deity or Monthly permit to be report d.within 24'hoursfor any of the _ :pollutan.ts listed by:the' Director in the p Tl�e'Director raaay w ve -the written report on a caserea ved within 24: hours, under paragrap]i ''• ..' b;, above of this condition if the. oral.report has been 7.. pthnformation .'ere.:.e.' pezxl?ittee becomes aware that it failed to submit any ,relevant facts in a p�xth m e atigYa; 02 sLiUxnitted ;cbrreGt infoimatiPn in a .permit' application. or in: axiy rep PR information. rI "it shall'promptly submit•the correct facts or $:., ,'N ncomyliance Nbtifi ation Procedure The pern#ttee shall report by telephone to either more officetral 4 hours or an the ntext working daY of'tk�e Division as soon 'as possible, but in no case g' . Qllo*ing:the occurrence -or first knowledge of the occurrence of any:of the followln of fe�sults, in the a. ' :Ally, accurr®nce at the- •water pollution ' control facility whicha racteri t c, discharge asethe gneicant''.amounts.' of wastes which are abnormal .in q a�sa a .of a :slug of hazardous duxrxpiiag :;ef :the ' .contents of a sludge digester; the known . p a .pubstance, through the' facility; or any other unusual circumstances- ender the facility 'incapable ......b ' ;Any. proceae unit failure.. date to known -or unknown reasons, s,•. aerators; • pi:adequate: wastevtiatex treatment such as mechanical or electrical failures of pump compressors, ;etc. = ass directly' c. • i4Kxy iailtire'of a pumping station, sewer line, or treatment facility resulting in a by P to ,receiving waters, without treatment of all az any portion , of the influent' to such station. or. Pere xis;ze,: Prting:s ch i�ccurrences.by telephone shall also file a written report [in letter f°rmJ vvitliixi a d iyS;foliarving"firi' lino dge bfthe occurrence. ih ,v' ilabili . of Re 'orts . P;cept for data determined to be confidential under. acco dance with the texYnes skie110be Piriade' : Fe41 rat Act; '33 U8C'. 13-18, ail reports prepared ixY available for public inspeotidin at the offices. af sD As required b . the Act, ffluent datta shall at the site not.: reasonable time period; not to exceed five (5} y ysuch report may result. ::` .: l e''Corisit erect` corifidexi#ia1. KnPwix?gly raking any false. statement on ,arkv . iaczxposition. of it penalties -as provided for in NCCS 1�k3-215:1(b}(2};ar izlectian 309 of . . tlie. E"ederal• Act. Y:Oei1 ties.`for `.Falsification' of Re orts Page 10 of 11 Pages 8l'd 09:91 9006 CZ L1ef 301dA0 A N30 lltl ..Genexal perrz�it 1vCC55000 - - statement, I who. kriowingzy mikes any. false stateme , 'Act: ,provides 'that any. - -person . i representation, or certification in any record or other document submitted of required to be maintained .under "'this permit, including. monitoring reports Or .reports of compliance or inoricorripliaince shall; upon conviction, be .punished by a fine, of teat m re than '$10,000 jeer %:'vi'olaton; _or. liy ampris4nment .for. riot nnore ;than -two years per violation, or by both; FART III ; OTIII'�IZ 'R`EQUIREMENTS Previous Peitd : ' . 'Al1'Tprevit�us State watoz-quality permits issued to this facility for this particular discharge, whether - :`f6j :t-b strllc�Cion or bperation or discharge, are hereby; revoked •by+ issuance of .this permit axid ' subsequent issuance 'of: a Certificate of: Coverage.' The 'conditions, requirements; terms, and ;,. zo siQr,s: of this; permit authorizing discharge- under the National Pollutant Discharge Elimination ystrxtl c�vetji. dischargcs;from this fac. ty• .; `' :Cgristrtictior�; "No'�constiruction. of wastew81er treatment facilities or additions thereto shall be:begun until• Final'' :. P ec s "ind Specifications, 'have' been submitted to and approved by the Division. Design and opbration of. facilities azicl/or treatmment wgrks shall be, in accordance with the application- and 'upportirig. infafzTiatiotX:.if -facility. deficiencies, deaigin and/or .opezationaT, are identified in 'the. ' the responsibility of the` re :which,. couliI affect .the • facility performance or reliability, it is :;' ;;Ei'riitteo tQ:.correcf such, deficiencies. :.. `Limi'atians eo' a er :..;'1'kus:.;perYrift shall be' modified or alternatively, revoked and reissued, ..to comply with" any appiicaljl efilient guideline 'or water duality standard issued or approved under Sections: 302(b) ,(2� .(c), and _ of .the Clean Water Act, if the effluent guideline or water quality at;an.'..so, .issued or approved: _, a.. , .contains' different conditions or is otherwise more stringent than any effluent limitation' iri' the' coi trots: any pplltttipt -not limited, in the permit. ' 'I'h peri�[sit as modified or reissued .urider this paragraph shall also. contain any other. regnirenxent ' :;if the Aft then applicable: PART IV ANNUAL. ADUINI.S ERING & COMPLIANCE XONITOPJNG FED The .y�erinittee 'must 1�a5'' the annual administering. and complianceanitoi ing fey (if any such fee is ew `as`sessed)' -within 30 days after being - ,billed by the Division. >~ ailure to, pay , such fees in t a teVoke ... cause the Division to, initiate action.. revs e r&�afirier:ni:ecordai�ce-unth '15.NCAC 2H:0105(b)(4) maT' tale ;.cd :,'iiica.te:of'Covera e. Page 11 of 11 Pages 6l'd 09 9l 900E SZ Uef 1019A0 A N15 lld Charles Binkelman 8 Riverbend Road Asheville, NC 28805 Phone: 1-828-299-3660 Email: Charles@riskconcepts.com 14 January 2008 NC DENR / Division of Water Quality / Water Quality Section ATTENTION: Central Files t 1617 Mail Service Center Raleigh, North Carolina 27699-1617 RE: NPDES Permit NC0085456 o Binkelman Residence WWTP�•::. L' Buncombe County To Whom It May Concern at the NC DENR: JA N 1 6 2008 WATER QUALITY SECTION ASHEVILLE REG101'AL OFFICE Please be advised that effective 15 January 2008 the residential water treatment plant subject to the above permit at my property on 8 Riverbend Road, Asheville, NC 28805 has been taken off line in favor of newly installed and regular septic system with discharge into a leach field located on my property. Accordingly: 1. There is no more discharge of waste water into the Swannanoa River from my residential water treatment plant and / or property, 2. The aforementioned Permit is no longer needed. 3. I hereby request aforementioned Permit be rescinded / cancelled as of midnight 15 January 2008. Sincerely, U EstV i All y Charles Binkelman cc (via regular post): Mr. Roger C. Edwards, Regional Supervisor Surface Water Protection North Carolina Department of Environment and Natural Resources 2900 U.S. Highway 70 Swannanoa, NC 28778 �RO(l' : tiCHC EH SER / FAX NO. :9282506902 An. 23 2009 07:13PM P1 Buncombe County Uovernment Buncombe County Health Center 35 Woodt;n Street Asheville, NC 28801. FAX COVER SHEET DATE: 1 L2 Lee TO: Chuc:1� am FROM: _ SUBJECT: �n.W fto Dr. Dr• Vicki Ittel, IIealth Director P: (828) 250-5203 r•: (828) 250-6173 vicki. i itol@buncombecounty.c)rg FAX#: 1 7 011 PHONE#: 1+AX#: 250-6902 PHONEY, 250-6900 TOTAL NUMBER OF PAGES (INCLUDING THIS PAGE) .91 ADDITIONAL COMMENTS: CONVIDENTI.A14ITY NOTICE The information contained in this facsimile message and accompanying documents are legally privileged and confidential, intended only for the use of the individual or entity named herein, if the reader is not the intended recipient of this message, you are hereby notified that any disclosure, dissemination, copying, or taking of any action in reliance of the contents of this telecopy is strictly prohibited. If you have received this telecopy in error, please notify us immediately by telephone and we will arrange for the return.of the message at no expense to you, 'Thank ,you. W W W.12s,11Gurnbecwunty_ora The County of Buncombe does not discriminate on the basis of race, color, religion, sex, age, national origin, handicap, or disability. FROM zt3CHC EH SER FAX NO. :8292506902 un. 23 2003 07:13PM P2 case Nliniber. WLS ... ACID) BUNCOMBE COUNTY FIEALTH CENTER ENVIRONMENTAL HEALT11 SURVICES (828-250-49M) OPEHMIONSPQERjVHt',IZ' Property Chvner_ _—C:h� 1 I ht�)i�f?.�mc�i� Property Gx:atiurr• /?1 °fD��l �I: Appliunflon Date: 1.307 Directions: aLza- �� ��n I}e=L6tA&,y_Oat Ix fa �'�,,�+rr�t�iy��tn„�=er'nc'.li-��„�_c?v� i3,•,.�evbe�i try jie����eOn 4r - Subdivision:- � t'1n �� ? PhaLwlsection:. Lot #� Water Supply: 0 Private Well [ 1$piing Q Slimed Well �l Community Min. Regtiired Separatiom Distance "' InstaIle& ❑ Yen ❑ No Conditions: (1) Pump septic tank every 3 to 5 years. (2) Divert all gutters and other surface water, away from septic syston anti repair areas. (3) No outting or filling over septic system and repair areas. ,..r C4 "IsA �D�IE d4'7 11k1)1 Ncw System IyRepair U Revision Drawings, plans, conditions, cte. attached? ❑ Yes ❑ No SxAM ApprovedFor: � Mouse 0 Mobile Home (Q single n doable) Bedrooms— Basemen Yes ❑ No Basement Plumbing:,VYcs [n No FA Multiple Unit Dwelling. No of Units — Number of Bedrooms per unit _.._..... El Business No. Employees; _.-� No. Shifts: Operation Dowription: Industrial Wastc: Ycs D • No C7 epnroved Installatlort_St cillcatior►v: ..... ape I I , II, �, ill . V V Yl ._ �(�: e ; �ryr3�pes 0No { Y���I f PumpMakc:--l7.� �.{ Model: �1 .... SetznlNo. VOW"I�ength:.�:.�[.G._.....It No,of 7reaches ...... 3 Wicift- •.,.R _.._Spacing: ft beptlt• •— in (lower sidewall) Stone Depth: /ul in Zual t3rivIty 0 Pressure Manifold al ❑ Danis/Ste f Downs t (aeons) (ballons) . ,5 fall} WW)'rW,W,t V O Profabricated Panel Block O Conventional 0iArgc Diameter ripe ❑ 0iamber C18zpandcd Polystyren.t Aggegate 0 Other --.-- Comments: Inspected By; Date: & Issued To: 2 `1. � ! ,'9__r` 1r l � 8. Date: The systrm has been installed in accordance with state -4;"ft9L rules. Approval does not guarantee the system will function Satisfaclory for ady glvcn tirue. 'DEC . 2 8 2007 n WATER QUALITY SECTION . ASHEVILLE REGIONAL OFFICE ,Mate of North Caro(iria (Department of 3ustice •ROY COOPS& 42 North French Broad Avenue westum Offioa :..AtWrn0 General Asheville, NC 28801 phone; • .:. Fa�:'.�828� 251-6,3.38',•.:.'. 28 December 2007 John Hunter, Esq. By facsimilp transmission and first-c ss'mail The 10hn'C..Hunter Law Firm•PLLC Fax No. 281-9069 : The'B.iltmore Building. Ohe North :Pack Square,- Suite;418 Asheville NC 28801 RE; Schedule for Compliance with Pending Discovery Requests Binkleman et al, v. DENFMWQ OAH File No. 07 EHR 1380 . Dear John; ' I have received the petitioner's' first set of interrogatories and" first. request for production of documents,. served by mail on 14 December 2007 ' Purs' ant.to •26 N.C.A:C, 3.0112, I am writing to offer a reasonable schedule for oomplianae with these requests, Respondent Will serve, its responses to the pending . discovery Within the time. allowed by the North Carolina Rules of Civil Procedure, specifically by service, on or before Wednesday, 16 Jarivary 2008. In offering this schedule, respondent specifically reserves the right to assert in its responses any privilege and interpose any objection to any request:that is outside the scope of permissible diseovvery or is otherwise objectionable. Sincerely, Sueanna P., Sumpter Assistant Attorney General • •. /BPS . Enclosures xc:Susan Wilson (By fax: 919.733-0719.) Roger -Edwards (By fax: 299-7043) . LO'd 9 1 : V L LOOZ 8Z 380. 131Ad0 � N10 iiV "Q Ji E4w'. d1� l t.. DEC 17 21107 STATE OF NORTH CAROLINA IN THE OFFICE OF AS WEST& ,,�.�,�__ADMINISTRATIVE HEARINGS COUNTY OF BUNCOMBE 07 EHR 1380 Charles Binkelman, Molly Walling, Gordon & ) Kim Patrizio, John & Susie Pruitt ) Petitioners, ) PETITIONERS FIRST SET OF INTERROGATORIES AND V. } REQUESTS FOR PRODUCTION Division of Water Quality (DWQ) ) Respondent, ) PLEASE TAKE NOTICE that, pursuant to 26 NCAC 03.0112 of the Office of Administrative Hearing and Rules 33, 26, 34, and 36 of the North Carolina Rules of Civil Procedure, Petitioner, through undersigned counsel, hereby requests that the Respondent answer separately and fully in writing, under oath, within 15 days after service hereof, the following written interrogatories and provide the requested documents. GENERAL INSTRUCTIONS 1. The answers to these interrogatories must include all information known to Respondent and their agents', including its attomeys and all persons acting on its behalf under its control. 2. If Respondent does -not possess information to answer any interrogatory, ; Respondent is under a duty to make a reasonable effort to obtain such information. 3. If the answer to any interrogatory, or any subsection of any interrogatory, is unknown, so state and include the name and address of any person or organization that might have such information. 4. If any of these interrogatories cannot be answered in full, answer to the extent possible, specifying the reasons for Respondent's inability to answer the remainder, and stating. what information, knowledge or belief each.Respondent has concerning the unanswered -portion. 5. If the answer to an interrogatory is not presently known, Respondent should so state and, in addition, should respond to the interrogatory within twenty (10) days from the time the answer to the interrogatory becomes known. 6. These interrogatories are continuing in nature, if subsequent to their answer the party to whom these interrogatories are directed becomes aware of a different or more full, complete, or responsive answer to any interrogatory herein, that party is required to furnish Respondent with different or more full, complete or responsive answers thereto by immediate supplemental answer to interrogatories, up to and including the date of trial, as required by Rule 26 of the North Carolina Rules of Civil Procedure. 7. With respect to any document that. a Respondent withholds on the grounds of privilege, Respondentshall advise Petitioners of that fact by setting forth the grounds of the claimed privilege and shall provide the following information separately as to each such document: general description of the subject matter;' author; recipient(s); date; number of copies prepared and by whom prepared; the identity of each person who has received a copy or had an opportunity to receive a copy thereof; the custodian of the document. 8. You are required to produce and permit the above -named Petitioners or someone acting on his behalf to inspect and copy the documents described hereinafter. Such documents may be made available to the above -named Petitioners by delivering copies to his undersigned counsel, or if such copies are not delivered on or before 30 days from the date of service, by allowing counsel for above -named Petitioners to inspect and copy such documents on such date, (or at such other earlier time as may be agreed upon) at The John C. Hunter Law Firm, P.L.L.C., One North Pack Square, Suite 418, Asheville, North Carolina 28801. DEFINITIONS For the purpose: these interrogatories, the following. definitions apply,: 1.. PETITIONERS means collectively Charles Binkelman, Molly Walling, Gordon & Kim Patrizio, John & Susie Pruitt as named in this action. 2. RESPONDENT means the Division of Water Quality, their employees, officers, agents and representatives. Unless noted otherwise, these interrogatories are directed to that Respondent who has knowledge sufficient to answer the interrogatory. 3. The term DOCUMENT as used herein is used in its broadest sense to include, by way of illustration only, and not by way of limitation, the following items whether printed, stored electronically or reproduced by any process, or written and/or reproduced by hand: studies, letters, notes, correspondence, communications of any nature, memoranda, notebooks of any character, routing slips or memoranda, reports, tests and/or analyses, publications, charts, minutes or records of meetings, reports and/or summaries of interviews, reports and/or summaries of investigations, opinions or records of consultants, medical records, diagnoses, prescriptions; circulars, trade letters, drafts of any document, and revisions of drafts of any document. 4. PERSON shall mean a natural person or an artificial person, including partnerships, corporations, proprietorships, unincorporated associations, governmental bodies or any other legal entity, and the agents, officers, employees, and/or assigns of each of the foregoing. 5. COMMUNICATION means any transmission of any sort whatsoever by one or more persons to one or`more persons, by any means whatsoever, including but .not limited to,*,' telephone conversations, letters, telegrams, teletypes, telecopies, electronic messages, written memoranda, and face-to-face conversation. 6. IDENTIFY, THE IDENTITY, OR DESCRIBE means: (a) When used in reference to an individual, to state his or her full name, present or last known residence, business affiliation, address and telephone number; (b) When used in reference to a corporation, to state its full name, its state of incorporation, its chief executive officer, its principal place of business and telephone number; (c) When used in reference to a person other than an individual or corporation, to state its official name, its organizational form, its chiefexecutive officer, its address and telephone number; (d) When used in reference to a document, to state the type of document(s), date, author, addressee, title, its present location, the name and address of its custodian and the substance of the contents thereof. In lieu of identifying any document, copies thereof may be furnished; and (e) When used in reference to a communication, to state the form of the communication; e.g., telephone conversations, interviews, letters, etc., the subject matter of the communication, the dates on which the communication was sent and/or received, if not the same; the parties to the communication, the party who initiated the communication, the substance of the communication; the present location and the name and address of the person who is in possession, custody or control of the communication, if it was nonverbal; and/or of any written memoranda of a verbal communication. 7. PERMIT(S) shall mean the NPDES Permits numbered NC0085448, NC0085341, NC0085464, NCO085456 issued to Petitioners on July 26, 2007. 8. DATE shall mean the exact day, month and year, if known to Respondent or if exact -date is-notknown, the best available -approximation. 9. FILE refers to any collection of any number of documents. INSTRUCTIONS FOR INTERROGATORIES 1. Whenever an interrogatory answer relates to an oral communication, state whether or not the oral communicatiorf was by telephone, face-to-face or otherwise, and state the names, present addresses, business positions, and occupations of all parties involved in said communication and the names and addresses of any other persons present during said communications and whether any form of written record of said oral communication was made and by whom. 2. You are required to furnish all information in your possession and all information available to you. This includes all knowledge available to you, your attorney, and his/her employees, partners, or associates, your employees, officers, agents and/or assigns, by reason of inquiry including inquiry of their representatives. 3. Please describe any and all documents relied upon or referred to in preparation for or in answering of each and every interrogatory. 4. - The singular and masculine form of any noun or pronoun shall embrace, and be read and applied as, the plural or the feminine or neuter, as circumstances may be appropriate. 5. Whenever in these interrogatories information is requested which. was previously fully and completely furnished in answer to another interrogatory, such information need not be restated, and it will suffice to identify the previous answer containing the information requested. 6. Each interrogatory should be construed independently and not by reference to any other interrogatory herein for purposes of limitation. 7. In the event the space provided for answering an interrogatory is not sufficient, please complete the answer on a separate piece of paper and attach it to these interrogatories. INSTRUCTIONS FOR PRODUCTION OF DOCUMENTS 1. All documents produced pursuant to this request are to be produced in the form, order, and manner in which they are maintained in Respondent's files, custody, control, or possession; or in the files, custody, control or possession of Respondent's attorney(s) or his/her agents, employees, associates or assigns; or in the files, custody, control, or possession of Respondent's agents, officers, employees or assigns. 2. If any document was, but is no longer, in Respondent's files, custody, control, or possession; or was, but is no longer, in the files, custody, control, or possession of Respondent's attorney(s) or his agents, employees, associates or assigns; or was but is no longer, in the files, custody, control or possession of Respondent's agents, officers, employees or assigns; please state for each document: (a) the type of document;..(b) the date upon which, and the . circumstances under which, the document ceased .to be within your possession, custody or control; (c) the identity of all persons having knowledge of the contents thereof; and (d) the name and address of the person last known by you to have such document in his/her or its possession, custody, or control. 3. With respect to each document required to be produced that you contend is not required to be disclosed because of any privilege or work -product doctrine, please state for each such document: (a) the type of document; (b) its date, author, and addressee, if any; (c) the document's present location and custodian ;'(d) the'identity. of atl:persons who .have seen the document or have knowledge of the contents of the -document; (e) the identity of every other document that discusses the contents of such document; and (f) the nature of the privilege asserted, and all facts, statement, or rules you contend support the assertion of such privilege. 4. Documents which are produced in response hereto and were relied upon or referred to in preparation for or in answering interrogatories propounded to Respondent by the above -named Petitioners shall be marked with the corresponding interrogatory number(s) for which it was relied upon or referred to in preparation'for answering. 5. This is a continuing request for the production of documents, and you are required to produce any documents responsive to this request at such time as you become aware of the existence of such documents. INTERROGATORIES 1. Identify by permit number and name and address of permit holder all currently issued NPDES permits issued by the Respondent for single -residence wastewater treatment systems. RESPONSE: 2. For each permit identified above, describe the frequency of effluent monitoring requirements contained in that permit. In particular state whether any such permit requires an increase in effluent monitoring frequency during the term of the permit. RESPONSE: U 3. Identify the specific regulatory and statutory provisions Respondent cites as authority for their revision of Petitioners' wastewater treatment facility permit to require monthly effluent monitoring requirements. RESPONSE: 4. Identify all communications regarding the Petitioners' waste water treatment facilities or permits over the last five (5) years by stating the form of communication, the parties to the communication and the date the communication took place. RESPONSE: REQUESTS FOR PRODUCTION 1. Produce copies of permits identified in Interrogatory number 1 above. RESPONSE: 2. Produce all correspondence, documents and other materials regarding the Petitioners wastewater treatment facility or permits over the last five (5) years. RESPONSE: 3. Produce copies of the regulatory and statutory provisions Respondent cites as authority for their revision of Petitioner's wastewater treatment facility permit. RESPONSE: 4. Produce all other documents in Respondent's possession not asked for in these requests for production but otherwise relevant to this matter in the Office of Administrative Hearings. RESPONSE: This the 4-11- day of December, 2007. John C. Hunter NC Bar No.: 13197 The John C. Hunter Law Firm, PLLC One North Pack Square, Suite 418 Asheville, NC 28801 (828)281-1940 Attorney for Petitioners Certificate of Service The undersigned counsel for the Petitioners hereby certifies that he served this Petitioners' First Set of Interrogatories and Request for Production in this action by placing a copy of the same in the United States Mail, first-class postage pre -paid, and addressed as follows: Sueanna P. Sumpter Assistant Attorney General N.C. Department of Justice 42 N. French Broad Avenue Asheville, NC 28801 2. This the day of December, 2007. John C. Hunter NC Bar No.: 13197 The John C. Hunter Law Firm, PLLC One North Pack Square, Suite 418 Asheville, NC 28801 (828)281-.1940... Attorney for Petitioners ATT GEN w OFFICE t Fax:828-251-6338 Dec 13 2007 9:07 P.02 ATT GEN w OFFICE Fax:828-251-6338 Dec 13 2007 9:08 P.03 i 3. The parties request .that this matter -be Continued. 'to. Allow them an opportunity to complete. media : ion and dete!rmire i.f this matter can ;be' amiadbly resolved: 4. Counsel for -petitioner -has xeviewed this motion and. -ham- authorized the unde=signed. to represent to , the. 'Court that. c1iiint. .j•oing in thi.ig -notion. WREREFQRE, the yraapondent respectfully:. requests that the. contested' case hearing -not be scheduled for the: week of 28. January '. 2008, but be continued to.a suitable date thereafter. This the �'" day, of December, 2007. Rat - COOPER Attc reney Gen • aZ . �ueanna P•. Sumptez • . - , Asoistant .Attorney General .. N.C. Department of-Ju9tice 42. IT. Ftexich•-Broad Avenue' Asheville NC. 28$OZ. state Bar No. 9404. . Telephone•e '(82'8)' 25.I.r60.83 Pax: `1828) 251. $3. E-snail: w©ssuinpt@AcdQ go3r \.t O nu Ms. -Kim Hausen By facsimile transmission and first-class mail Chief Heazings: Clerk Fax No.' 919-733-3478 Offici'of Administrative .Hearings :6'7141wIai15ervice Center ' • Raleigh, North Carolina 27699-6714 RE: Binkelman et Al. v. DENR, Division of 'Water Quality OA14 File No 07 EHR 1380 Dear:%, Hauwn: Z aril 6nelosing 'the original and 2 copies'of respondent's "motion to dismiss, prehearing statement, -and transmittal of document constituting agency action" for ailing in the above -referenced contested case. Please return a file -stamped copy to me in the enclosed self-addressed envelope. Thank you for your help in this matter. Sincerely, j Sueanna P. Sumpter !� 'Assistant Attorney General %SPS Enclosures xc: Charles BinkOrnan (via.pxrst-class mail) 'Molly Walling (via first-class'nail) Gordon & Kim Patrizio (via first-class mail) John &SuSic Pruitt (via iirscXass malt) Susan Wilson (via fax: 919-733-0719) Roger.Edwards (via fax, 299-7043) Ln.� gt:RL inAZ LL �00 SEES-L9Z-H9:XBA 3OIJAU A N3O 11N ATT GEN w OFFICE Fax:828-251-6338 Oct 11 2007 13:46 P.02 BuTa*ett ' aBaTTg 'aaqtj,zn� exauoT-4 P46a L00, RTr4C' 9Z uo sxauaT:jF-4ad aRq of juapuodssa hq ivas „egag4aTi; o 9=sn082 .ai{-4 BuFBuaTTgRO uoFIF'49d -0 ,;0 BuTTFg. Aa L OOZ lei%fty Lz uQ vw4vT-4TUF s-e$eVO sztT-4 'gs'F'Lsq Fuv Tx0-Cjl2=b;uT uodn •T I BuFAoTTQ3 13'q'4 0.5-PrLb ' A'21: 6 —e.Tq s.TuTurp-:.ff a o zxn sMot;s ',uapuodsa.x luoFpour 017 ,;o rpaoddtrs ui •XtoFpae eu o s ���ui �oa�t is nano uoF�oF ► -�xt�� 0 3to'�T .z0; pass-uzsvp sq ess�. p*-4mS'4Uo0 9Fq'4 141S'Iq 19,7rrpa00.2d TTATO ;o s.aTng *uFT0-XV3 lql-%O i aK14 ga CT aTng Q' !4UVr Xnd sMe.our �TTn �aedsQa uap e�ti a �r�y ssixsia ox xo;cLom 15%XTA&OTT03 Qua .ssTF,g pu'e 'TQ-xeUeo '.uV-4sTssV. '.,Xa'4d=S • d VuulGanS p'er's ' Tg.xeue}j Asuzo�?Td.: •asd000 A0.8 •pxooa.x;0 Teennoo sqF uBnoz%t;4 'lp.u-e Aq ' (,,Oxa%%) A4TTsn0 . , ' xa BM 3o u FsiAgO vin'4vx pun q-uauru0�t.&,d go qua=42idaO 'euTToxeo ii,ox `luapuodowe all; say¢oo MON 2zOx AONZJV (. uapu►dsa� Dmiz ;.1 HP5 `A;,TTVn?5 2;P,4vK ;:o uo rst&—ca 'uma.. O NO I s s ix.sxyx L aim' ' J,N��I�L�iZB �,l�I2iti�H� ( • � 'USIKSia OZ NoilolnZ ( ! s.xeuoF F sa ( "BUT TtgM: RZT�L¢ .,'ueutta3{uFH ,SaV e 0$ E T ;EHZ L 0 HEMOONl]$. ao :,IJMOO S�NI�ITd�H HAily ilsZNIIaiCi'd Lao 90-IJ90 MKIL XT ' VH3:70HVO. Hl"dON .40 ,LVLa • - 2 "due to the significant negative; impact of recent decisions by PWQ regarding single family •NME& discharge permits." 2. The petition is devoid of any allegations regarding the r�atuze and content- cf. the "letters" or assertions of 'what error, if any, was, made by.:.the respondent in this' matter. 4. N.C.O.S. 9'150B-23(a) provides: k contebted case shall be commenced Tay , filins a , petition with the Office of Administrative Bearings and, except as provided. in article' 3A of this Chapter, shall be conducted by 'that' Office. The party who' ftles� the. petition shall ' serve a copy of the petition 'on all other :. ,Parties and., if the dispute concerns a. • license, the Person. who holds the license. A, party• who files a petition shall file a,certifi..cate of service tog6ther with the petition: Sb petition shall be 'signed - by a party ar a representative • of the party and, if f i led by' a party other than 'an agency, shall- state facts teriding..__to etitioner to fine or civil erial • or. has otherwisR --- p1ibm+-antially grejudiced., the •etitioner rights.and that the agency: (1)...Exceede5jits auth6rity or jurisdictions. (2) Acited..e=�oneously; (3) Failed . to use DVQRS procedure; & -Acted'arbitrarily 6r -cayrgciousl ; or. to sot as rcguired by law :Qn 3�ule. .(Ptphasis added.) o :her, it` is 'well -established that "[t]he right to appeal to. an administrative agency igranted by statute, and compliance with CO'd 9V:Cl LOH 11 100 301A0 A NIS lld _ , ,atatv.tory provisions is necessary to sustain the, appeal.- Lewisy,_ . North- Carol iga L1�g1-t' of Mmoa Resourg� , 9.2 N.C. '737; 739, j7.5 S'M,.2d' 712, 714- (1989) . ' Compliance' with the relevant 'statutory'.. . Provisions is nggessary far ..OAR to have juri'sdictiori over the $u. lect -ratter of thei • actioa. wailiriu v. QNC-CH[7, 117 :N.'C.: App: 324, 451• -s.E':.2d 3511 355 (1994) . 5. Since the petitioners have failed to adeq,ately.describe " the agency. -action.'are seeking. to challeAgg, failed to allege that the, reaPQndeint erred, and failed to indicate -'the Manner: in vrrhi h ''error allegedly occurred, they have failed' to, comply with the requirerients of - N.C.G.S. .1508-'23 (a) and the Office of Administrative Hearings lacks juriadi'etioxi over the 'subject matter, of ..this action. 5. The Admini.i itrst,iv a `Law Judge may make at fiz%al decision in a contested case where it.appears that the OAH"lacks jurisdictidn oyes the subject matter of an action. N'.C.G.s. Is ison-36 (c) mod' (4 ) i9HERSPORE the respondent respectfully mgves the Adminiat,rative ' Law, Judge to enter a' finial de�cioion dismissing thi.a 'case. PREHEARZNG . S ATEMENT subject. ;to and without,, waiving the foregoing motion, and reserving the right to supplement,. modify, or otheri wise amend this Vrehearing Statement in the. event this matter proceeds'. to a b0'd 9V:CL LM 11 }00 9EE9-19Z_R9:xed 131JA0 A W39 11V ATT GEN w OFFICE Fax:828-251-6338 Oct 11 2007 13:47 P.05 a5ut oTTO; po�turtT you e�� �nq 'epnTou� �uapuodso� ��� .�o� eess�u��M - E . •tea �au� g4 TIT so=a AU19 pa'44TU=00 -4T -412q-4 saTTxep pus ua14-4TsA s gzuu�� otx4 . pontiaT AT-4oe.aaoo 14T 8 • 13a9eaaBgad.' tv4q: sTrq' 12g e4'ezep909-ld .%O/puu dESTOTTod 'ss-Erna 's ay s 4Mg'40 40TT ,ol '4gBTz aqq IUQPUodseE 'BOB 8 OOTO' HE Fua OOTpO' .6z. opoOD. °u'F► py *DIX. I?ST PaTTPQa a.Za POA'tOA%ZT sgaTrti..x• 0q-4 . puva: °TZ •.:t.zef. '£PT 'g0 'S"Wo* i .PVV ' (GO£ pug `90E 'ZOE' 'TOE. suog-4asg BuTprL,T�gt) u12aTP TL*.zeps; sq9 aXe poA.ToAUT ' gW4TL# W40 eT;1L •eaBo pe.-4s914uoo. sTgq ;Q BuTIT3 eqq poonvo opAmTTeq quepuodeez gg-Fxlm squeumoop eR-4 FuTeq .919 BuTTT� e-rq� o peuaeg4s OZV SIT=Od eqq ;o suot�.xod o setdoo. •LOOS RtrW gg uo -4uapuodse.a sq:j Aq uueq,4 oA. ponssT sqF=gdX „o5mvgo3Tp�, %o sa-adk.. UT .q uo 4e9 SUOVITpuoo ' put Surzs-4. pot9�oodoun . -49A a2 .aBue.TTggQ' o- Ness k$ua ;oYToq puv • uOT'4v=O;UT uOdn 61 ' .xep-20 VeDTa9urnu eq3 uT Bu-F-m-eage-xd s9-T, 8e11P3 !a6pit�+ .ati�Z eaTR$X4ivTu-FuXPV oq-4 ;o xZ*PaO oq o- luvnSand 'quepuods9a °Ftizageq :..... 5 7. ;DWQ .wili..be represented by the undetsigned :Assistant 7 :. :FRRf.=NFJrNR: 82872.99-7043 :... ' - 9J •lI . • ss c6rc(ary ^ , •`1 �' it,�rofane.Jas�utm'cntot Lgvutinment and N,nuayt R�iourcts G l to 5ulbas.L7lreMir of Water Q0.04 ' July 28, 2007 -WA 7L'H Mir'::&!:M.rs:' Binkelman a�, rFVI4!.:r[C`oNii r���ttiEr . 7�s#�ville;• No�tii..Garalina . ..28803•• :. ,,•: :_Subject! Issuance NPRES Permit .NC0085456 • Binkulrnap Res idence 11vVyi'P e. rs,:%Blnkelrriar) .:•'+`.:'..,. ', Uivtpltlil fii3($Ufi.l•1�1 IlaVe.febiaWeu,•aifci 413plova y'Gur aPPi:4t7+1l;�� IUi iG+;+4'vJ.Gi '..Accordingly; wA,are lorwarding•the attached NPOES discharge permit This permit is'issued:ou.rsuant to th6 .rO.L femenie of't�orth :Carolina Generat.Statute .143 21 SA and the. Memorandum of•Agreemer6t betwA.en North, :.Ga�rdllria and fhe U.S .Environmental protectjori Agency dated -May 9 1'994 (br a3s subsequentty amehaedj: This perrnit'inctudes no major changes 1rQrii the draft pormit.sent.to yau.on March 28, 200y. tt any arts, measurement frequencies or sampling requirements. contained, in this permit are `unaceeptable to you;, you• y � "-naye i 11 e ight. I Siili�" int Vp�rT ten-rBgLtes . wt to I y - ety ..hiV.r0gUe&1,f"nust be in.th.e.lorrn of a written, pptltion, Conforrt�ing•.to Chapter 15at3' pf thg•NgHli' Carbhna C�erierat ~ :: filed with the Offipe.•4f,.Administrative Fiearirtgs (671d Mall Ser'vlce Gentr3r; Raleigh, Norih Carolina`: UrtfeSs`such;dmand ism'ad@;;tttis•¢ecision shalt be i nalrxd tiinding ©n.:May 21, 2007rth0 l�tvision of Water Quolity (QWQ) received a letter fiom'ihe offiC'e. of JChn C,'Hurtiti r :F13gU,esling, clerif+cation of-certain:oanditions in•the. braft NPOES permits Issued to Mr• 81'kelrin" n NC0085a56, Mt. Vi/alltng.NC0085341•, M'r. Path NC0085448 and Mr..Pruetl NCOO .6464: 71ie•i7ivisi0h offers the lollowmg: res.P9nses,to his.quesiron$.with.lssuance!al each indrvIdual perrn.rt. Sipfla.tbr"rectu�tetrCl11 & sin 16-f._am..ilyre:sidendes ' All of. the residence owners have signed and.subrnitted appticalions for permit rene% and have .:.:.indipated they ace the "Owners";of [he wastewater ireAtm.ent Systems that prppues's +tiastewafer tlisGhBr e. 9 iMjha ih$.pivislon understa(1d-61he lite,raI regUirem@ni ¢f:the,Coo� of Federal.RegulatiOns; for.[he Cash Ot the. <' imile„(atltiiy.residences.,•the homepwnar•(s) dre•signalors and "Sole proprietors'..VCinlle.the DiVigioti will not _ crigr¢ity-.fhe:;'f3o11.2r.Pldt'e..t angua9e"..ot this peririts, the EatjguagG'w+Ii be clarifie.Q unper the eitlu6nl'iequ�r�7m:ents: Rlef 6iiit. fed u r.e.tmehts : A,t'this"time., ciue to:the size and de minimus potential Impact should a poWeF failure oocur, Ine Division will. waive the reliability requirement, The ia5t senr6nce of paragraph states that back' I 'power•is.requir of only " : ;;.; •::: when*, -necessary 1o'acfirew,@;Gornplianoe withthe,Conditions of.the:perinil., '.•�'Io,w:Mea `i•emetlt � : ; .' '. ' • • : •••r °• ;::• : '. •... 1t �s implied that the maximum amou.r►t of wastewater, which can be discharged trprl a stngie-Iamlly rEsid nrN.e t8 :.1 gallons per: bedroom.: While me:2suremeni device will not be required for theArea.tmenl tdC.11ttf09; .• f lgw',cap be estimated.•tor.tne annual; requirement.: Please work with the Asnevl.11e'Reg+onat Office la%this one Z. _.NOCrh:k':!,r.9irns Dw;Siga glf.W1.10r.0044ty 1611 Marl sef ce Cenru R41t,gh, NC 2%699-1611 'Rhone +'919j 773,lblS Cussnmar Service 51.2'N­ Salisbury S1 R41e+gh, NC .Y'?60a .R (9i9) �33 .n�6.' ! •877.6'Z3 4?+8• An fta0al;0ppo silo rklAt(irmarieo Action Empieyer - SO% Recyuedr; C°•,'Posl consumer. Paper ' , EO•d GV:Et LOH ti �00 8EE9-t9Z-8Z8 Xed 381A�0 M N19 11V ;0`T''. `.FAOh1 NCpE'NR 828=299-7N98 T=6'3'1< p1�04�0.1:® :,• ; Quffall,a= O 'iri�ments $ppnyiti;illty 6i -top. ;pgrrrh-mee to enSu're actress to the iautlail line'. Q•i`charge poihts.are ribte and •, dociurri:6rited',fayintorm�gion.::presented-by the.perrnitree:within the perm it'renewa:l:'Appllca;tion , If the parm+ttee hiiS:<. ..•.:• Intbtrnal pn 0..er.than what wes sukimitt� I ir1 their permit renewal applications please,havt3 them forward•tlie rrifgrmation 10 the DWQ. for d More precise map/location at the discharge oulfalls from their tr®atrn . nt systems :Re�;pa`r�se.'ta'"�pecfiic•..Permit.:Conriitf.�t'ts .. _ . •:;;:.,•.;::;•_�; "r�Ii�rriq':�t=r:er�u'ency " .. The'prgposed lr+ qu$nCj of: t/month is•teus.than arty standard •iridtv,(ivaily p;eimitted ddrn0s(+c• waste (tiech,arge,:, .. . Division cannot, modify these frequencies •at ih+s time. The d+v+S+on.nopes, that th0 homeowners . will;:seek;oµt,grid find an •aitt3Cn .Give to discharge prior t0; tht? eftect+ve date p( thQ inGrBased.monitormg :.... r.': )rP.ftterits....' Corrtec3itan to' MSD �uryct7rrtbe' The.DItVQ::undarstar,'[is:`the.Dpterltiat oust of rpnripCtinn tc�,M.c,O: Th. linitiiRriwnars mG��l: pr'�v+c�A th,5.. :.:::.:°.; ormation to:eliminate this, ::+f.,it is a;.COSI prohlb.itiv(a option. Sirinifld0 mt:'.NcincomglianceJ. ' Nofs.-.cot'nphAnde +ndieates.th .w:c�9.t6water discharge exceeds Aeirriit IiM Is .as noted in the permit A cert+lied operator would not bt?,required unieSs •deemed necessary toy the Asheville .A'61nnat O(ftce and the NPt31rS,:program: The horYte0wrte:r.wotald receive a,Wrttten•nolil+cathon with' a,timeiine to aCQuirr:e.G�rZiried' . rcu :.J. Pfe.as..9 accept,these'respons®s and clarifications to the above rsferanced NP.DES.Pe&.its ...The. understands these permit conditions' aril requirernents can ne challenging and someiimes.difficult,to'cor;hply with. This is the reason why all Individual.NP!DE pefmits must be put out t,or publip r10t+Ce to allow for feedback from perspective permit `ti�tiltiers"and the oublio• T'h'e Division hopes that the lour Homeowners will wt rK together to in art $Ix;9rna1)v4i Ia:discharge to'thp;5wannanoa•Rivet; .. Please nore'that thrs.,perrriit i5.not transfer i:ble except alter notice to•,the .a+v,sion. The Division may - r6quir'e: modificafian o'r rovocaihon and reis.suarice•of She permit This permit bogies, not of fact the legal. •:.requ`iremerits to' obtain oth4r'pe'rmits.whicri rr+ayds3 r®qu+red by tha Dyi$i4n Qf 1N, ter:QUalityOr perrrtits -re quired• " •,by;ih@'bkiisrOn jot Land Res0urc8S, •ih8 Coastal Area Matiagemonl ACt or any othei:'f=4?deral'or L`oCal . "'.gdv'einmerita'1 permit'that may be'irequtred. If you hF ve any`que$1i0n$'cohcgrning this psrinit, ph ase contact Bob'- t=,uer a telephohe num.bar .(919)• 733-5083,.6 tenpidn• 539 . 'Sincerely, ' iA) i4jyll" . .... '�. Colsen H •Sullins cc:.:': °. ,:C;enlral files zt!gh.gvill.e.Aegipnal .Qtfice / Surface Water Protection' ;Y He' J:tihn &: Huhter Law:F,rrr (?L'LC The'iICCn Q'te'iBuNGiih�;.S`.iiia6 O ie:�io.1h Pack;Squat'e _ `Asheville;:IV.G•'2F�`$01::-'' .. .. 01. d 6V:C L LOH L L 130 131 JJ0 ii, N10 lit+ T_.-.fi�1�::�PpQ�./010�.F��69�'� P-(�rnxit N.00085456.. . Wd 6tr:Ol LOH 11 �00 2M—LsZ—OZB:xe� 3O1dA0 M NIO lltl �,�;�=�:�;��:g7�'�:��:`�m.7� ,��QM�=:NCD�hiR:'•• .. � � .828-2s9-7�9s. �:-6'�1'' Pc��eYi�ira::.r.•.�:��5�. � . �� ' . �. �:: -P.. �+�7b• •'�,� r �� .1� �rJ � rf ..Y" J /wit ��� �r � �_" `�� ,,•A• � ..y, 'k\�` 2r �'`�� it �.•�� � /r � :• \.'� •.�• r„-,.ram �. �2 - � ralla 1 , �\ , • � . �-_„"v„••� •ra � �r Arl ^..Y� 'fit 1 ., i° '^�'�? ,1 `, •�,�--••,..� �� � •� � +-1:(" �..-1: `--i��+*�'�s; lit /!ff � fJi1��.r`j,' ,,� •¢ y �R��h\:�. RI F ' �� f. l.1 � � " •,'.,. . X : V r � , , :'�" ,i fig-�/,� ,�"�i' �\` _ � •r.-' •c, . r �.lil. .' . � fob, :� ;� � C`, 1 1. F.-•- �,,, v % �}y . ' p._•_ _ . \. . � I` ! '�j� //ai,:NjL '�� �� �� tip\ ` \ •. �� ,, � 'r"�� �f. = ;% ) �{/7� tC\�. +�� �ll f <<; 1.d6n. tco,Facilit.. a-xtiaLoc !Tlb'iEud�i:. :.. •35° 35"•o3:'� N : � :.Siaie��'.vr1d � . "O�ee� � '. • no.r: c:Q•::4Eafe. .. - .. w pfrowlud Flow; 350 GPD. e" �ui� :Str are... S:Wonoanol R,�er.,. 10remaad:HksiYl Ftencn, Btord F.Iver NPDF Pacrruc NO ;KCaA89a56 1a'al'th . ' ' ►i'combc Co 'ni " trEairi Clsss:• C' Suh.I iagii r 0A•05.02 Y' 2L'd 05:0L LOOZ LL 130 H29-19Z-8Z8:xe3 301330 A N30 llb' '.►u:3n�}�:;';. ,q���. A nuuy coda .g:�®�ii�ow'`.: ►uanW8 qe1� .•. 1lenuub . too aa.g.Jb►►uow .: auuoly .leRPIse. �uap►y� .' Q�� j ►►enuud �16w D'Sq.: ..1l6w 0 QE spgo5 P Uils'n juonjy�3 , : ND'.. .411uhuuy AI(Pnuuy �eplsuo�je6 09 =• .a�d►1>r.�o1��l�4uef$ ;adijajdufes. .,�u�W��1�5te'µ�;: '',',;it�i��'•.•;Z�=,•'�,1�14.�u�?�I'�.�;f..;;:':��� 00A :.. . �� .t< �.��:��i��: i�r��•w3a�m��ia�Ni�oiir�,ow� s'� ,� �.���',; ,,�': �.�.y���'�. .r }uanL}}3.. ',•:�, ':'.:Aea�: luluoyv, �o.a�,gvopuoy� =, � •BuuolR�a?�P�s��`I�1o�. ;::l j.;' ;• ,y J lu 'U94) 4 1.16�u:00@ ''.. sPlIoS:P$POOdsn>je1G1` ••..auanjj�3. ' ; � - c1e�� :: �: � •. • ' ' !�ly1�oW� . � Zlg� �•��; :. •. llsW 4:0¢.; .. �:`. �,. ...;{�90Z)�'��p:=S..'(]�J,9:` `�:iy}pow : • '. ' `�?PISVQIIe 09€:' .!"°�•: `,,: ;r.' ,;;;::..� _ .,'� auett!!'al�',,:` ��• k��;s�sh�=�� �{i'��"',:,,'��CLt•::��� •:;z':::;a:,;',;;. .,y2,�,.,..;?�'�:":;: �. �v'�' '•4Jli �3.�� $ l�Wi ' g�:_, '��� ,2 ��1l� -'�ua►il�lrl��9 � :'�,/� IQ M-,�;:r� :10 �t�,`^;' i' �,�ly .y t� , .i�)f . :::pti,`i rQ iN Itl��l' Ia.b11NOW ,, .x,...:.WIT mojaq?p'ou.igads Aq p?Uwrf a9 11 +}5 sa ��iq�srP !io�'S ` 100 ll$]7.n6, tuoaj �leyas:p.o3.paztaogjnff s� 31iui;ad aid wo.�aei� ,xo„siw 9 it.;un • s!a sirpu,e.3Eaura s� 7 )d. QP113 a^1-452jja 043 tMQAj..Igo aM.j, uix nQ r syx�w x��ri �a Hrz�oiii�t�r ' apt r s vatMa1 In�n��3� t.,��...,�.... 1IIISOl . :.. ... £.b�•L 66 8Z _ . 1;t'<`' 1','1' `:'.:FAO _ -• NCDENA .. 828-, 99-7t . . . williair 0 Rws Jr, Secretary �• � North irA[OLr1p tjO�g�Srrilllt 0{ 8nvironmtgt;4Q i lAw[dI,RcApurces ' 'ice fr?,=s_:`_'r :� Cotccn H 5ulfrna•'prrrLor. +�1 July 26, 2007 �m. A� 2007 M:s;: Mary •F Wa.11ing WATER 041ALITY SECTION `;:17; f3ivi r.b�nd.f oad �PSHr,vm�LE St,�tvr.L oF�.mce Aistiev'slle:'No+iri 0ar01iria' �•4 ,1.l�"J ram:: rr�:� SuUj6C ;:..195uance.IVPDE.��'eimlt NCQ.08534.1 BunLoomtSo.�o.0 1y WWTP ',Dea�:'Ms: llSlallrrt , • nr i w r' sonA `l n C • •, , A d ,h D.03, ^01 n.10 �!!ca,;nM Inr • /.,.."1f r1� 1 L G, 1., t nv��r •• rWr, fJ1rIHv. frS/N ,V�i\+Ii.1i IJ And i.�IJ Nv4M �, i'YI",.1..(v�� .v, ��. r��., yr V .I'i .....iiil. M; AcCOtdirtgly; wear$ fArwa:dirig.tlie.allached NP17GS•dii charge'p.ermit,, This permmi:is i55ued'009iiant.to the r9 .4iremeints of Ndrt11 Carolina ener;al StattJtB:143.215,1 and the Meniorandur'n bf Agreement between North Carolina and' the•U,S..En%4ronmental Proteatipn Agency daled.May , 1,994 (or as subsegt eaotry $rtlendedj. This ,permit inCl.t;des no major changes from the draft p�rr>irt sent to you on March. 29, a007,, If any ; :parts, measurerfient fr qu�ncles: or;s 71p.Mg requlrements contained in this p6rrriit are unaccaPlabie to you, you'. ' Min 4101i0oddirga .. rittsry trrtn7rr ttr 6ques1 must, be,mnAhe:for.m of -a -written pelition,.conforrnrng to.Ctiaptar.15013 of .the Ngrth;Cafolina GenerAl.. Statutes and fdf3d with the Qifice of Admirllstrative Hearings (6714 Mail Servlce Center', Raleigh, North Carolina 2:7;-6inl lA:j ;IJe'ss sudh; 809demah is glade. , this d6diaion. gook.! .ba fui Il.arid;birad'ir7g pri May.21•., 200.7, thg piviSiUn` o�WalBr 0U911ty (t7WQ) reCe1ved a letter"from the offiee of'John G Huntor- requeSlrng'clanficalion Of C@rlain.cond�tionS.in 1he.Draft NPDES'pernimts issued to M'r Binkelm4n NC0085456,'M',' Walling, NC.0085�4?,:Mr. Patrtzia NC008544$.an.d Mr. Pruett NCOO85464. the Division offers the following ' • reSpgiiS'Qs.,to hta'`gue'stions with issuance of each'"indwrdual permit �,�:-`af e`:re• uiremenf,tor.,sin •1+3'-far:t�lif• 'r:esiden6�s • � . :fhe residency gwtleCs:thswe signgd and subinilted,epphcatmons'fo.r permit renewals and nave iNioated'they ars the "O,.Whers" of the waslewater treatment systems that proftO a wastewgier discharge Whmie thei bmvlsror? understand's_th6 literal ri6gWirern"ent 6f the Code of Federal Regulaiioris, for the case of the ,.....,;StrlgfB=tamrly:re idences;, ttls.MfJrneewner(s) are 9m+ r1'a1orS'arid "SPle.prQprietors tin/nmte the I�IVi51or7 will not rr1dClifylhb "Boiler'Plate Lang iyage...of lhe:per'mits, the language will be clarified under the efflubhfrequirements Rel(abrtit -. r3 ui:reMents At tFiis'ttm,e; Clue TO;.tf�e stz ana de m'irlimus potential impact should a;pa�4 ►arrurs ac ur, the b vlsron si�ill.:urai�re lti6: reii2ibmltTy'reg6rr$merit,. The last sentence of p�tralgraph states that.b.a;kuP p6w66-8,iquireci only . Yr Ii:erl:r:si:essar tQ..:a�ljtr?ve'cojrt Imano6 With th'e:eonditipri3:'Of the. ermlt. :.. y'P . P 'Fl`�:�i ��t1i' n • ' tt:is:rf iphr<d tha°i ihe�:h axmrnufn amount'.of'wastewater, which .can be discharggd frorn a single. --family. li; rggidencQ js' 120:gallons'.per:Cedroorn, Wr1116 rneasure'ment device wtil not De r0u'red fior the t'reWmeni facihlies; ji a :floui'can b's E)Stm(T1 ted for iha annual requirement. Please work with the Ashsv,ue �iegional Offlpe for this g` Onr Nor�h:'Gaioriiya D3.yrsign ot,WoScr.QualitY` .,16+.l�.i��ii SerurceCafYccs: R�Jc,gh. NC?7��9 16.17 Thane-ih1.9)..7a3 7.0.t3' Cusiom�l'Scrc,cc'`: ;:'')J�Cc�'i1ct,'.•'°+R.+:,+w nc'w�[��,gyj,,�i�iv_ nl?..-�, • `L�4ili0rl" �i� N' SA.1'iSbliTy,3t rtaleigh, NC' •:7u04 FaX' 19,19j 733:24�d; � •� 87�.6�3bi4Ei"' . ' . .. g,n:Equ®; Qppaqunlry'IAKlrfridlNt! AGUon;rtYpio:YQ S ° Roe paper.: LL'd C5:CL LOOZ LL k30 8CC9-L5Z-8Z8:Yed IOIJJ0 114 N15 11V 0M`riGDENi sz8r299-7093 =632. P009 is all. R 'tl1:i9`the respdnsibility-of 'thdpermilt06 to: 8nS'uro access to 1116 outtaulme Discharge pQintB:are noted an documentk by',nlormatton presented by the'pernlittee within the permit renewal appfication. If the petmlttoe..t a$- ;:•. <.;,:. '8:.-Ormabon tither•;than What was'submitfed in their permit renewal,appUcaiionsplLass have7he'rrs torvtiiard.the :.:...'."' inf01' Ati;ort to.. OW'O fora •mote precise map/locatign• of'the t9ischargg oulfafls tram their treOlrient systems, .....:...:.... . abn •e:tw`s .ecific l?ermii Condition's, ' ne propos6d {:re cency of f/month i$'18se than any standarp IndMdualiy'peimitted domestic,.waste, .•.:discharge. The'D:+vlsroh cannot rbodify these fregUencies at this'timo. 7 he Division hopes that the liQineownerS OQ.k:out and find an alternativO 10 discharge prior to the'r„Ileclive pate ot'the in r885ed monitoring;. _ ' [egUirerrii�rti.ts:. •: • ... • . .. � . ' . .. Wnectio fo f i; D Bun'c e: :- :--,.; :: T.tio.3lYl4lr1' i,nrlprcM.gnN h1 nlial'rnai AVrtSqnFirPinn tri RAQr7 'rho hr tunare mtIRt nrnu�rlP lhlc i`inldrrt100ibh to allrr>rnateatiis,..iFIi is a cost. pr.ohlbilive.,option :>•.:.; . ,MI ''' :r! ..N6ncpm;ip.k Non=compfisn'ce indCart3s the•wastewaie,r discharge exceeds`permit limits as noted in.the pBrrnit, A. .cep�e rtifled 0rator wouYd not be,reGuited unless deemed necessary by-ihe Asheville•• Regional Office and.the hf .DES::programn:• The hameown6r would'receive a`written notification with a timeline to dCquiri a certift@o, :Fleece adbeipt these•resparises and clarifications to the above ireferenced:NPOES Permits. -rho DWQ n erStands 1Fiese'pt3tmit conditions and requiraments, earl be chaHQng�rig'ahC sorriefitne5 diffie~tllt to 4omply with: Thi f i5 the reason why all tndividuai NF�l�arS permits must be put Out for public notice to.allo.w for. feedpack from :piarspeotiv$:pgrmit hofders.arid'the'public, The Divi$ion hopes that the four f7umeowners will VilOrKtO'gelher,tp find ::-::•..::.;A:.;�ni;atterttatiy®.'ta.atst:h�rge:.to the Swa : :. Pi&Ai e, ridle' that: this' p+3rmit is not tr,'ansfarable except after not;c:e to the Division "Ftie D1vision may fequire.rrt4dif�0ahon or revocation and rdissuanCe.of the permit. This permit does nol'affect the legal requirem.ents.to .obtain.other•permits-which may be required by'ihe' Division of Waior.0uality or permits required by lho.Division of Land- tgeseurces;. the Coastal Area Management Act or any otrier Federal• or .LbCBI 90VBrilrn•eMal permit -that may be requirecl.• If you -hove any quesuons'conCerntng this permit,'please'coni66r Efo6 :'•,u.<Kc►,.a:at ttephone number {918 :. .Y. 'Since'r w..77. .(,.Coleen Ff,;Sullins k'sk�aGfll : e`;Regionsr.Ciftice / S.u,, f •cd,w r Protection ;d ate . 11tI?f7t;'S l)riit ' _ ':, �4iri ,�h.b: Jorirt:C„• t�`unler, t;auv.ifirrrl •Pl"LC • ' • • • Tn'siltrribr�::Iuildtrig:: Sw:iit8` 418 1.. �7r�iNQrtfj Pac{i::Square. .. .. . 8 t 'd VS : C l LOOZ L t � 30 8009-1.9Z-8Z8 : xed 13 1 d�0 18 N39 11V ATT GEN w OFFICE Fax:828-251-6338 Oct 11 2007 1'3:56 P.21 ;: � • : �1uno a w.00un' �?� '� � '� ' • '' � ':� ,,. _( Fb,�,'$QQ�N oT; »t�d.S.�Qd[v .c x uiicg.sa�lg peoig'uou»d vtse� a eu�e;q ,��,g ioueuacMs : Odb 091 ial v+» AAA a.. ri% , po 8Z aLA af >ou' ,. 81p :P:'"'-�;�7R'-'+Tg'•$,.:.r .:N��;,>a0 �9..E:oS'6•.'. '� •..Fn?5i.; A. Ilk Z. 7 , ic' T�L ter/ ``�: y f ' + • `- ` 4 IM . �`4.r.•'� _ ,ter' II"_ ••{ '� � j .-/"'`1 -1, r:{ - .• . � ,:-�••..,dr • J .r. a ,if y" `` ' � �((•f dZzt q� 71 �+ r' " + rf % POO Aga pF 01 IL Ik IN yr �� � r./.�w� l icy � +`, '/ .�f� ., •+ •,',y� .i :• 'r;:,`�-✓r' J + E9:y E OLG 6Z-838 :FRbm;�i aNR' 82$-2'99-7P0 T=fi32 G. Roil ilr , sectcury P • � • ' � . � : r • North Citoll oa 0G�Grtme` Ot :ovironneal and NArN*i�.a, ! Agsoidrtes vw. 8snev,itle,.N,ortn t;arouna ztitliva . .Subiecl; Issuance Permit NG0085448.. 1'8triztb Resilience WVV.T:P:: " FuncolnbeCounty . {. Patnzio: Division,. personnel ed and,approved your application for renewarol the SuNdict perrriit. ..Accordtngl:y, we pre forwarding the attached NPOES Ch.9Ch8rg& permit ,This mperrn'il is tssued'pursuarit to the requirements of North Ggrolina it"006j Statute 143.21`5.1 and the,Memorandu. of. 4greem0n1between North ' :,.,,:: '• Carolina and this U.S. Enutrortmentai Protection 'A0gncy dated MAy•9. 1994 (or'as. SUDsequen y �me64! Thi$ peamit irialudas no trnajar cti�ttgtas'froln the dr(aft'perimit sent to you on fiflsYch.21t; 2007: if''8ny, ". ; ''.haVe;tha right to an .8djudiCatory`hearing• upon Written request .within thirty.(30) days' foilowind receipt of This. letter..; This regvesl must be.in the form: of a written petition, Conforming to Chapter 1508 of the North. Caroi(na.Gen bra] :<•.'.$tatples, and filed with,lhe Office of Administrative Hearings (6714 Mail Service Center., Raleigh, North Carolina 7699 714:);' Uril0 auC;h. tl6l�+ i�ry..is'.pf#ade tflis'tl Gision Sh'a11 be:•.hnat.and:4l�(d,ng',' May 21,•20.07, the: Division of Water„biia'Ijty (f3WQ) recelv6ida.letter from the office of'.iohn C. Hunter requesting'olaritication At certain•cond.ittons in the'praft NPDES perrriils issued'io Mr. tnkelman NOod85456, :. W3ifing NC00$5341, Mr•. ^Patiizio _NC06� '�54.48, and Mr. Pruett' NC00854fia. The Divis',on offers the followv,ng Cesp'onsesaa:'.his quesaions v+,ith issuatrice ofceach'individu2ii permit,.. �.. :... I( natoi reaurr:erriertt ft5r'sitigleYfamll: 'residrances All of the residence pwners have signed'and sutimllted applications for permit renewals and have indicated they are the'`Qlivnees•• ofthe wastawater treatmerit systems that produce a wastewater discharge. Whit the Division uridt3istands iris, literal rt#quire►nerit of the Code of Federal•Regulations, ioa the case of the single-family residences, the'horTieowner(s) are signators and "Sole proprietors"., While the Dn ivisiow(II•not , M0611Yy'the Ediler Platd'Lan§i;�ag-6" of the perMits, the language will be, ctarilif d under`the 016e61! requirements; .. •:" _:..'.'.: R�I'f� ilif' tie` •u.il' rtients "'At. his timid•• t •t ' ' .minimpotential im t .., :., •.,.,.• .,... ,.,.....:.... :.t , , dut3 •d h�:slze and de us .. pac should a :pow®r ta(iure occur, -the DlVISIQn•- •• will' "waive the rgliability requirement;^ihe Iasi senterticrr•of paragraph stalatiti iat'gackup powgr is required only:.' ={, yrhen;'nsct3ssaiy'to papieve•derholiance.with dht�: cpnditi4ns O.f'the permit FjbW Minsurement , It is' implied that tha m'xim' Um amount of wastewater; which can bb discharged front 8 slti�le family residence, -is 120 galions,.pe'r bedroom., While measurement device will not ba 'req.uirdd f r the 'treatment' lacilities, low Can be ASTIMAted for the annuaj requirement. Pl6ase work with the Asheville Regional Offide for this ,....,.. •.:.::..:_• • ..t,Stirijatiori•:.-, , atra' •d� Nt�elh t;e�cltna Oi�is�on,Of �!alCrQudhry 1'61'7 M&il3crvwe C[attr ROleigh. NC 7'699 Iq(7 . phone (9.19) 73).7d1S CuSiOmer ServICr •:•':>t1Y�emFl:,• W��f'NP1EY uatiiv6F ':;; 0eh.:•4t7N:, ahshu..5s R�tu p..NC 27604 .�i�c-(9'19,).713:2406: .i•8774ZJ•6'1a8 1r An. 'E u I 6ri 'i lAfGrni ua ACIIon Elnpiayer,-.50%Recvc;ao,�'t»� pos,Cons�rrisr Paper a a �PP yn ry., a c: 9Z'd 09:01. LOE I.I. �30 301dd0 lri N10 lltl ml3 - .. ... ...2g �� .•. `.. •T. 632 • �PO.e9/�9$ . . A,..;.{2.)lE ?' LIJENT Y.X»)fiWI.O,NS:ALND MONITORING REQY.[REMFJ4TS Au :trig tbe_ eriod b.eAinnin ' �>hree i31 veirs`fYam ttx tltectiva d�tt•Pf_this pCrr#t't Aries d laskin'r� until .., 'rr ` •t ex isat1on 'C11e Parmittce im authorized to discharge from outfall 001 $uch"dischargcs shalt be lrm;tod ii9ntt4rg .:by `he loerrritk:t6p. Q&. Bpec►fied"b�10w: ' . f'f;Ll1 N �,•� ;: LIMi S'r"^' WQU �' NfQNITQtdiPlO.RtIREME(VTS� . �i1,� ••,.�; 1 . , <<:. � .. ,. ,^ : .,,; `;; 'ostit :;.,+A,: ��l •:'M$�5��,(rrem�n �' ,Sam •le T. a :,� ':uampfle Lgcalibp., . ��A..e .q�.•'',,,�_,,1Nazimurn .�r� 'epc �...•.,,,�,��.t,. _Fow 380 ga{lon'slday' Monthly' _ <�Ck T';.;5�tiay:':{�0°C!• .30,O mgk J 45;0 mglL". Monthly Grab T t+ t uspe•.nded Sands ;3Q;0 rr�glf 0 0 mg/L . Monthly. :�� ;�:.'•.'' � •. ' ` ': '• Mnnitnr'R flannrt � ` Mnrf1111L! �. , firaFi� �� � � ' 'E�u�nf•,.• .. TdtalE2eSitlua!;Chlorirw,' rt Mbnlhiy ..': ':' Gf...ab_ 'Efnuer►i '�` - :.: ::. • ��:.1:';.;�>Z>:':FAOM-NC NR'' ... : 82S'- 2 9 9 -.7 04 3'.':T�53_E...P027/0�1-0: F `6 6 . .;�. may¢. ``Tj ai �� ,� , rr ,� •. fop +7•�0 � ^ . Far ■ .`I �1' � A- � . \ � '.6Lsw fit; . - •tic' � y0 d, + � ..%�•— pH� .'y y1� ,•y, `•. M # V ::.+�: car. `"`,�'�• 1 /. .� ` y.,: oll Goto Par :o a. d C Single Family• 1�V'WTP am 1 Y Location _ .■:uu ��:•, :�5°.'36'•05" .N. ., •.�ifid:'.. OteeY1::. • . '. no6• iaJe:. . 'en iuE' `. :. 'B2°13'04" 111+' idatlo•, 36QCPD �ti.inri' Rtre m; Swanilari0a Rlper prsii`--Haci>": French D(0)d Rlver Basin NPDE8 PaUt No. NCo48544$ . % titan% • _ sd: C. ..Su6:1Etc Oa 43'02: 11lo.rti . _ , Suncombc.Cotiii[y.� � „ 6Z'd LO:VL LOH LL 130 8££9-L9Z-8Z8:X8A 301JA0 M NIO ilV ��`1'�4'Ff M-.-NCDENR 828-299-7043 7-632 P009 Pe.r it-NC008544$. j9Fxm'ITA N D• iVIONITORI��TG ,QUII EMEN'' ping thc:trio.d:be%na�7._n'n he�effeetlwe date of thi6 nermiC.aitid i��tintt utitil_expr3t?on. the ::.:• :::: .M.Att�tzaS eltithoti2ed to dsrgc ltorre outfali.,001- Su s .ii6fid an* &- s red::by nk6:the.; : l�eti�;ittee:a&peGi"red..bel:p�y,, ch diSChargc hail bc. a g� ' ��'. 1'.M.S� 2'::•�,.:�c�:rL•�.:c:.7;rYa.i _ _ _ � 'v .,. '-__ _._,-.0 .. ,...._ ._,. ...... a..... ... _ _ _. _ . _ _ .. .. . `ROM''_Nr�hR'>; 828' 299-7043 T.=632 'P009'%010 _E'::F96, . .. : Relriit NCO'0$544$ A, 12.)• EFFLUEN"T'•UMI•TATIONS AND rdoNgORING R8QiiIREId 9NTS DMring t?it-neri4d ba inning •three 131 j6 rA wom "tl,e odlectivi date or this Verrl<iA avid -UgiBg U06I ct'exbirm iQ the: ParYtiiftee is•aMh6rized to-discharge•froin''o'utfall 00`l; SuCh:416ch4&4 sh3lft a limited by:[iie: Perinif�c :a<i sAzcf OUIA &W`m- �+� } �' �• _ R, x`�r'_,k'b° . •i�Y J a .1I4f;i 9:>' '�� 4P, 1 �q :6: �qe ♦ a •dXI sm i*l0w3.. 36p pallonslday mon0y, ;•$.QR; 6day (20°C)' :; 30:O.rngft..' 95.0:mgIL` Morilnty .Grab•,' Grab' FffPuerit': 6 uent 'TolaI Suspended Solids. : ' 30.0 mg/L ' • : 45.0 mg/L Monthly MpRlhl " tYr�h".' F(il�Flgt `7olal.Res�dua1:£hlorine •• tvinnlror,��$e o14 • ,Mo[ilnl •�Gra��.:• � � �� t=ffluehl. 1°'Y '.'='' r .12:,: ' ,pM=.NGQEI+IR .8?8-299:-7043 ' .- ' ,:Ci:. .... 'VJrllibm`G Floss r ccielaiy �•; F / .11 1 Nomh of l:nvirdrinWt and NaNral j esvrces y: �.� 1 /. �11 • ',;. :r d c' 'Coiei n H Sulilna Chrnccer FL c I.0 July 2B; 2007 , AUG T 2a07 Pruett WATER OUALITY 6ECTION t Ar;r >a iaV��bend load ►. l-v_Il+_E R_E��ONI+:L-`.dFFfC eville.'Narih.Carolina:$f03 9 :. Sublec1: lssuanceN S'PerMit N:C0085464. . Pruett Res4e.,ca•W.WTF. . .. , . .6'un,eom6e bounty . &'":Allrs.P'ruett;. viViSrG%•jib S i'.��ici iuV$.� JiFsvumu aria �tpbrovad yo,,ir u�N{14,41,on lug ranaiJa; of Me SLilbJ6Ct Nc.rTit ACCpcd+ugly,: we.:are forwarding the_attached N.POE5 disCharge.permli This permil is.issu'ed:pursuant to the requir:em:ent& of North Ca'roltn-a•General $tatute;1.43.21 B••1 •and the Mertmorandum o1 Agreement t)el�vaeri North. Carolina grid tha'U.S.'EnvFrorirner'tal Protection•Agency-dated.May 9: 1:994.:(o+':as_subsequently;amendedi. Thin permit includes. ho•'major changes fr9m,the draft permit sent to you.Oh Mawcfti 2t3, 2007: It any . pari§.,..moaSurement1requencJes,.of sampling requirernehts contained in this permit are urinceptable to you, you a:3:tlis:re.g.ba rn•the,lorm.oi a writte.rti,.getit:on; conforming I, ,of the Noah CaroliAa Gen&al :. 5&atot.e5.,,and.flled wit.h.the Q,tficepf Administrative Hearings (6714 Mail'Se}rice Canter, RatOigh; fVonti Ca'rCtlina' 271.-f714}. iJhl.sss sueM d6rnnd is mad® `Chis.:deersion-ahall'.b'e nd�ng .C?n.M.ay 21, 2007, ihe. Dlvl$lon:.of. Water. Cvallty.,(DViWO) received a. leitsr.trgm.the.offiCe'oi John'C' Hinter` red .esttng CtBriltGauon of; certain candition.a M.:the prah NPOES permits, issued to'Mr Blrikelrrian NCb685456; fv15'. :.;: Wa}].jr1g;1V0008S'34.1,.Mr, PatCl11p'NCOOt35446'.and Mr. :Pruett NC0085464:.The'Q,%risiori 6110r, thl; 'follbwrirtg reapp.nSe =to his questiaris;,titth:issuA, of:e'ach indiu+dual.perrn,r. . i''nat'©r :e u r,&nent..f.or sl'n •Pe4fam,I, r®sidendes ; ;, •. .Atl.Qf.:the residence, owners have sign.. and submitted applications toy,permit:renewals•acrid'ha,Ve' Iridicat d:;bheY.ar the "Owners" of the._waMpwater, treatment' systems that pr¢duce a;wsstewaer discharge, :' Wf ila;'fhe'Dlv�slori 6A*de*?6lan.ds the Itlerai requirerrmerit of the Code of e.deral R®g�laiions, far th6 aase of the.. sSiKl�le,ferriily.residences,,the hOm,eowner(s}.are. signators and "5oie:propn9tors", Whi* M6 01vision will not.:. :•:,morfily the;i:f3o.Uer PiatQ twariguage";pf th@"ps~rrtmtts, the lan,guag.ip will be.ciarified uhder rh'e affluent requirQmerit.s ' z;`c 's.F' I,"igta.rltt R'.Kul T ;At this time,.dwe to the size and C1e minimus potential impact sntiul6 a. power failure occur, ttie�Division� " ;.• .. >Nill w ave Ehe..rcli blldy. requirement. The last sertteriee of pdragaaph states itiai1'backup power is requirda only wlh neessaayao aehietwe corriplaance ;with the conditions ol:.ttie perh�it::: _ _rl~I�:w•:J�ea:sure.menx . ' : . ' .' ...:' . • .:. • . • .. . . It.+s•implied Chat the ma rrrmum amount o(.waslewater, which can bye Oischarged Iron a sir') o-family. WFiile'm>=asuretr'ient deuice wi4'nat be:re uiri3d`igr.the'.tr ineril f Gdilies, . re'rd'ct,'is .9 2Q gallons :per,b•,edr.'om':• 9 P. C n: p9 etstimated.tor the:.annual. requirement. ,Please work With the Asheville Regional Qtfice lor'this. .:.. NOrth• C�rplint,l7i,v,sion of Wstrr Qvali,ty . 1a17 Mail SO4c Center Raleigh,,NC 27694 .1517 Phonc..9 733••7015 C�siomti $crvicc 'ep"Ot:`\l:�Cnca.cerqu�nyn',i:'` ;LOCAIiOA 5�$.j`1`.S li£buiySc R'aF'aioh,NC 27c,G4 Eax..'(�.1'9}1�3249b< 5 $7?:628•G':7a8 }l�ti AI�vBACilori'EmAlOYQr.-BO/sAetrciaaf+U� o Pape( An Equo!9Ppot1 /Allirrtl -ov-d nsume,. U 'd tr0:171. k0oz It 130 30IdJ0 A N10 11V r"u. ' � •.: •�'g:: •:. "'C y �lyY •::�s, ,:��1d':�1 :� ; : � .:ia'•ao:� . �•'• '��''� '" I:: ` '� r!'`•' j`''��..`,.� .r+d �""'"• 1 ;1���.�:' _'aA: `��%' �• , fir' " 4 �.: �r�r/' i • `� �i '`ki f .0 /// �.�'' 1 ;/�- - Y `k• �.j. .::.....:..: ' � •• • L. � �.. i`' � '�` •�.. l I•�!' � JY .�•YJ/ J `�i, 1 IUR' .. ^,�K _•1•��•4 ��i4 ,�, :; ' .. . � . � . f � M . �� ..� ; �/per•' +._' j �-•— "� ,y//��•J/�-� ;:.4•:r,� +'UT •-ro V•, +r:� r '•71"77 'y � . �~ � I, �'f ��-�� 1.,• f �! '�.J•. � •���/i".`/^"""'• 1 . Yll ,y• _ .:!od:` _ I�. ✓. .• J';\ �� n ��-_ IlJ( f � ..J f 5 . .. �j _ • .� y �:.�•. �. �":� �_ //yi •mod' �0 Y � �f� �'rJ . s7 rr' `,� yl. ': '..+ .ar^ ',1 • t6►• A I Cfi • � \� ,,�� '.�j: .}::�,:r , 0� ': f � '�.-• 'r'••` �• �.� �'q. �/ ' - � �".� ram" �'/+�'`.�..�,....r.:%`���f�= "' i � r :r^'"• `- ''i ''~ ��,� 1' �/!'1 .I ' � 1 � \`1 .f e ' 1 { {7y�'( '4_. �� �. � ,,� '.1 1� 1�5 .+� �.� �r •,+ � r� �� I. � '7r I Il r J r 11. l� I � t,�1••� • �' �` ` . yi:i y'1�� + _ .�'["J �•' i�r '/f �*ylrl r��,1 .1 .`\-".��� '1�11'�..ti �� 1•�•�:'^�_i ;, �,.` �{ • , ,t.m, •,a �•.�• �r .1,�� { r� r, ; ��'��,.j ��` .� �� �JI i i ��;'s`�. �,. .} ti \���7f J '*i� ! X C'1'iIt'. 1 ,r. :. • 'LaGarde:' -W A' 04" N Sipie Grid: Qfeen" L. owillad 11' 2e:"0a" NTDES Fe t No NC4065464 «f�igS.trzarri..: .5wanaanoe:it�vrs in C ih. oAC R,vac BUM eGiha B s Q 8r _ :-`t'g" ;irn.Cl"a'sT.:C. - :; .. ub-:-;tti5:;:... .OasD3:0$.;' : • . •'I�V,O.Y't'• .. 13uncambeCo�n[y . L£'d LO:VL LOR 11 130 8££9—LSz-8Z8:Xe3 301330 A N30 11V FFL11~N''R•' LlfiiS;:: ,, N1pNlTQRlNG R1=QUI�EM�I�Y� r,...�.... d, . Sail �r;:. ;+nt' •. �,- r1.. Sam.Rl6 T rc: ;r 'Sample Lpcaliq�.. �rl• ', •' �' .: , 6'r S.. , n3 • i u �5, �'n.�("� �:n• ._y Lyr; '•!ilaf'.�Rlyllry'' � F«��a�� _ '>=�+; ':` :'60 9allortslday. • f+nnUafly:. .77 B:t�d',;:b�day;i2QpG)': :30,Qhigll: :-.45:0 mglL Annually, :Grab' Efi7uenl.: -Zpl;`5[rpn®@q Solitls .. 3p;O mglt... 4:0 rng/t.. Annually G{ati -Eliruenr.. . YCIl ChorneA:RBS�tlu : Morn, todReport Annually. .pHZ:,°:; ,:: :'. :• Manitof & Report Annually : Grab ': `EM enl . . ......... ........ - ------- -- .. ......... ....... . .... . .. ............. ... ... luat G.. ROSS Jr, Secretary. 0a. Pa- E 'Vi kant wid Nattiml Nofth Caraiii Dd TIMC-111 0 6 ro �i-fftr 6u 'ecn.H- Sullins. Director Scl'pi6iibtf24. �._MW THISISNOTAUILL.­ VIVIM, .... L'.'R'* ... E ....... CEIVE , AN.INVOICE:AT. 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L f-mi- Ralcigh;NC 27604Rix(919)'124061-8174D670 ....kc4WW,/IOW .. ..... - Post Cmsum&PaNr, Binkelman — Payments made to NCDENR Date Paid Check No. Payee Amount 12/29/2006 1163 NCDENR $715.00 12/20/2005 1087 NCDENR 715.00 1/5/2005 1041 NCDENR 715.00 1/16/2004 1348 NCDENR 715.00 12/31/2002 1599 NCDENR 715.00 1/12/2002 1496 NCDENR 715.00 Total $4,290.00 Charles Binkelman• k; 8 Riverbend Road fJ Asheville, NC 28805 t. 1 (828) 299-3660 1 (828) 299-313 .� 20 April 2007 r ' FR E� Mr. Roger C. Edwards, Regional Supervisor Surface Water Protection North Carolina Department of Environment and Natural Resou rcesa 2900 U.S. Highway 70 Swannanoa, NC 28778 Re: NOTICE OF VIOLATION NOV-2007-PC-0198 Compliance Sampling Inspection Binkelman Residence Wastewater Treatment Plant 8 Riverbend Drive Permit No. NCO085456 Buncombe County Dear Sir: APR 2 3 2007 WATER QUALITY SECTION SHEVILLE REGIONAL OFFICE While we are unsure as to specifics that caused the BOD level to reach 53 mg/L, I am taking or will take the following actions to resolve the circumstances: • The water treatment plant was re -tested on 9 April 2007 by Pace Analytical Services, Inc. ("Pace"). On 19 April 20071 received informal notification from Pace that the BOD Level from the 9_ April test was 20 mg/L. I will make these results available to you as soon as they are received from Pace. • My residential lot is currently being surveyed, preliminary to having Buncombe County Health determine if it is possible to: (a) install a septic tank and conventional drain field(s) on my property or (b) use the existing water treatment plant in conjunction with a conventional drain field(s), with or without additional pre- treatment. • If the preceding action is not a viable alternative, I will install a UV disinfection system and thereafter, through periodic testing, evaluate the need for a filtration system as additional protection against suspended solids discharge. • If the second preceding action is not a viable alternative and the UV disinfection system fails to cure the problem(s), I will, over the next year, evaluate installation of a sand -filtering and / or peat -filtering system for my property, in conjunction with the existing water treatment plant or, space and elevation allowing, as anew system, preferable utilizing a conventional drain field for its output. I trust these actions will meet with your approval, but if not please respond with all haste as to any additional measures you think will be beneficial to curing the above referenced Violation. Sa_aple Report - 8 Riverbend Rd., Asheville, NC 28805 - Binkelman Subject: Sample Report - 8 Riverbend Rd., Asheville, NC 28805 - Binkelman From: "Charles Binkelman" <Charles@riskconcepts.com> Date: Fri, 20 Apr 2007 13:06:01 -0400 To: "Janet A. Cantwell" <janet.cantwell@ncmail.net> Please see the attached report I received in the email today from Pace Analytical Services, Inc. (I swear that) I gave Mark Swan, the Pace guy who took the sample, the sampling requirements from the `new Permit draft' so the Pace folks would produce those results for you but, as you will see, they appear to have done `something different' (nonetheless, the `Wet Chemistry' measurement may be useful to you, albeit it means nothing to me). As to the Suspended Solids measurement, Don Pace suggested: (a) we try to pump the aerator side of the treatment plant, (b) let it `cook' for a while, and (c) resample. Accordingly, I will have the pumping done next week and plan on having a new sample done on or about 25 May. As a final matter, I mailed the response to the Violation this AM (certified mail) to Roger Edwards. Your office should receive it Monday. /s/ Charles Binkelman Pace Analytical Report - 2007-04-10 Sample.pd Content -Type: application/pdf Content -Encoding: base64 1 C � 1 6/l/2007 4:25 PM aceAnalj caf; vvwa u,pacela&s:com April 20, 2007 Private Client Private Drinking Water Client Client Services Dept. Asheville, NC 28804 RE: Lab Project Number: 92141935 Client Project ID: CHARLES EINRELMAN 04/09/07 Dear Client: Pace Analytical Services, Inc. 9800 Kincey Avenue, Suite 100 Huntersville, NC 28078 Phone: 704.875.9092 Fax 704.875.9091 Enclosed are the analytical results for sample(s) received by the laboratory on April 9, 2007. Results reported herein conform to the most current NELAC standards, where applicable, unless otherwise narrated in the body of the report. Inorganic Wet Chemistry and Metals Analyses were performed at our Pace Asheville laboratory and Organic testing was performed at our Pace Charlotte laboratory unless otherwise footnoted. If you have any questions concerning this report please feel free to contact me. Sincerely, for Jane Meehan jane.meehan@pacelabs.com (828) 254-7176 Project Manager Enclosures Asheville Certification IDs Charlotte Certification IDs NC Wastewater 12 NC Drinking Water 37706 SC 99006 FL NELAP E87627 REPORT OF LABORATORY ANALYSIS NC Wastewater 40 This report shall not be reproduced, except in full, NC Drinking Water 3771.2 without the written consent of Pace Analytical Services, Inc. SC Environmental 99030 _ FL NELAP E87648. .bf - f --' aace,Aniytical.M v�v,^w, pacelans:coi» i Lab Sample No: 928234004 Client Sample ID: CHARLES BINKELMAN EFF Pace Analytical Services, Inc. 9800 Kincey Avenue, Suite 100 Huntersville, NC 28078 Phone: 704.875.9092 Fax 704.875.9091 Lab Project Number: 92141935 Client Project ID: CHARLES BINKELMAN 04/09/07 Project Sample Number: 92141935-001 Date Collected: 04/09/07 10:15 Matrix: Water Date Received: 04/09/07 12:20 Parameters Results Units Report Limit Analyzed By CAS No. Oual RecrLmt Field Services Field Grab Data Method: Appearance NA 04/20/07 MPS Collected By MPS 04/20/07 MPS Collected Date 4/9/07 04/20/07 MPS Collected Time 10:15 04/20/07 MPS Field pH 7.33 04/20/07 MPS Field Temperature 13.7 04/20/07 MPS Wet Chemistry pH pH Total Suspended Solids Total Suspended Solids Method: EPA 150.1 7.20 units Method: EPA 160.2 76. mg/1 Biochemical Oxygen Demand, 5 d Method: EPA 405.1 BOD, 5 day 20. mg/l Date: 04/20/07 04/10/07 19:00 NIW 10. 04/11/07 19:13 SER 2.0 04/11/07 07:00 MJR1 1 Asheville Certification ID s REPORT OF LABORATORY ANALYSIS NC Wastewater 40 This report shall not he reproduced, except in full, NC Drinking Water 37712 without the written consent of Pace Analytical Services, Inc. SC Environmental 09030 FL NELAP E87648 O.C:l''s Charlotte Certification IDs NC Wastewater 12 NC Drinking Water 37706 Sc 99006 FL NELAP E87627 Page: 1 f e.f' nalytical :w ivverr pacelabs.cm i PARAMETER FOOTNOTES Pace Analytical Services, Inc. 9800ftceyAvenue, Suite 100 Huntersville, NC 28078 Phone: 704.675.9092 Fax. 704.875,9091 Lab Project Number: 92141935 Client Project ID: CHARLES BINKELMAN 04/09/07 Method 9071B modified to use ASE. All pH, Free Chlorine, Total Chlorine and Ferrous Iron analyses conducted outside of EPA recommended immediate hold time. Depending on the moisture content the PRLs can be elevated for all soil samples reported on a dry weight basis. 2-Chloroethyl vinyl ether has been shown to degrade in the presence of acid. NO Not detected at or above adjusted reporting limit NC Not Calculable J Estimated concentration above the adjusted method detection limit and below the adjusted reporting limit MDL Adjusted Method Detection Limit [1] Less than 1.0 mg/L DO remained for all dilutions set. The reported value is an estimated greater than value and is calculated for the dilution using the least amount of sample. Date: 04/20/07 Asheville Certification IDs REPORT OF LABORATORY ANALYSIS NO Wastewater 40 This report shall not be reproduced, except in full, NO Drinking Water 3771.2 without the written consent of Pace Analytical Services, Inc. SC Environmental 99030 FL NELAP E87648 d, Charlotte Certification IDs NO Wastewater 12 NO Drinking Water 37706 SC 99006 FL NELAP E87627 Page: 2 f Michael F. Easley, Governor I William G. Ross Jr., Secretary North Carolina De,-.---.-?nt of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality Asheville Regional Office SURFACE WATER PROTECTIO March 30, 2007 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7006 2150 0005 2459 5274 Mr. & Mrs. Charles R. Binkelman 8 Riverbend Drive Asheville, North Carolina 28805 Subject: NOTICE OF VIOLATION NOV-2007-PC-0198 Compliance Sampling Inspection Binkelman Residence Wastewater T-- U ON 8 Ri 00 0 7006 2150 0005 2459 5274 Perr, T:33 Bun, w off, 0 F lorth', Environmentd' CD Cr 2090 U.S. Highway 70, Dear Mr. & Mrs. Binkelman: NCDENR Enclosed please find a copy of the Inspection Report 12. The Compliance Sampling Inspection was condUCtE MR Et MRS CHARLES R BI NKELMAN Regional Office. The treatment facility was found to ' be in 8 RIVERBEND DRIVE following: a ASHEVILLE NC 28805 0 Compliance issue found during the inspection: io M 0 3 LD. Inspection Area Compliance Issue Permit Limits A. (1.) Effluent Limitations: BOD of 53 mg/L at the time of ins p Ell EILl I 1 0 Maximum BOD permit limit of 45 rr -o-X Ln a _1D towzno CD 3, 0 CA > co jhl 2090 U.S. Highway 70, Swannanoa, N.C. 28778 Telephone: 828/296-4500 FAX: 828/29S 1p CD a o i& CL CD . Mr./Mrs. Charles Binkelman March 30, 2007 Page Two Please refer to the enclosed Inspection Report for any additional observations and comments. - To prevent further action, carefully review these violations and deficiencies and respond in writing to this office within fifteen (15) working days of receipt of this letter. You should address the causes of noncompliance and all actions taken to prevent the recurrence of similar situations.' If you should have any questions, please do not hesitate to contact Janet Cantwell at 828/296-4500, Ext. 4667. Sincerely, Roger C. Edwards, Regional Supervisor Surface Water Protection Section Attachment WQ Central Files, w/ attachment Bob Guerra, Enforcement Files, w/ attachment United States Environmental Protection Agency Form Approved. E P /� Washington, D.C. 20460 /`1 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,11 2 ,I 31 N',,008545i; I11 121 07!02/12 117 181 I 19I=,I 20B I IJ Remarks 21111111111111111111II I I I I I I I I I I I I I I I I I I I I I I I I I116 Inspection Work Days Facility Self -Monitoring Evaluation Rating 81 QA --------------------------- Reserved ---------- -------- 67I 1 69 70I I 711 I 72I NI t� 73I I 174 751 I I I I I I 180 w 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) 8 Ri.verbend Road 04:15 PH 0:'/01/-2 00/12/01 ' Exit Time/Date Permit Expiration Date 8 Riverberid Dr Asheville NC: 28805 04:40 PM, 07/02/'12 05/ 12/31 Name(s) of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data !J/ Name, Address of Responsible Official/Title/Phone and Fax Number_ Contacted Cliar.l.es R Bi.nkel.man, 8 Ritierbend Dr. Ashevi.11.e NC 28805// 828-259-3tiE0! Pi c Section C: Areas Evaluated During Inspection (Check only those areas evaklated) Permit 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 Dnie Janet- Cantwe.l_1. ARO iWQ//82.8--296-.4500 : xt.456-?/ 5� aj)K� 6 Signat a of Q A Reviewer Agency/Office/Phone and Fax Numbers Date gManagement / 'L V' i 1 3 e - ` U EPA Form 3560-3 (Rev 9-94) Previous editions are obsolete. Page # 1 NPDES yr/mo/day Inspection Type 3I NC, 00854 56 I11 12I 07/02/' 2 117 18I S I Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) Sampling results at the time of inspection: BOD = 53 mg/L Fecal Coliform = 220 colonies / 100 ml Total Suspended Residue = 23 mg/L Page # 2 1 • Permit: NCO085456 Owner - Facility: 8 Riverbend Road Inspection Date: 02/12/2007 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 Is the facility as described in the permit? m n n n # Are there any special conditions for the permit? nl n n Is access to the plant site restricted to the general public? fl ❑ n Is the inspector granted access to all areas for inspection? ❑ n Comment: This is a 360 GPD residential jet -aeration wastewater treatment system. At the time of inspection, there were no special conditions for the permit. Page # 3 AlEEM0 TO THE FILE RE: COUNTY: DATE: FROM: NC DIVISION OF WATER QUALITY -WATER QUALITY SECTION A�� NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Michael F. Easley, Governor November 1, 2006 CERTIFIED MAIL = RETURN RECEIPT REQUESTED Mr. Charles Binkelman 8 Riverbend Road Asheville, N.C. 28805 Dear Mr. Binkelman: William G. Ross, Jr., Secretary Alan W. Klimek, P.E., Director Subject: Rescission of case RV-2006-0005 NPDES Permit NCO085456 Buncombe County The Division has determined that the enforcement case sent to you on September 13, 2006 was incomplete. A document outlining your available responses to a civil assessment was not included with the penalty letter. Therefore, the Division is hereby rescinding the subject case and associated civil penalty assessed against vou. The Division received your renewal application and your remission request. Mr. Bob Guerra [919 733-5083, extension 539] is the staff member preparing your permit renewal. He will prepare a draft permit and send it to you. In response to your letter, we offer one additional comment: ➢ The Division supports the installation of a pump station to connect the homes on Riverbend to the existing municipal collection system. Unfortunately, the Division cannot fund such a project. We apologize for the confusion in this matter. If you have questions about this matter, please contact Charles Weaver of my staff at the telephone number or address listed below. Sincerely, 44, fbd an W. Klimek 1 � ; 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 512 North Salisbury Street, Raleigh, North Carolina 27604 Internet: h2o.enr.state.nc.us Phone: 919-733-5083, extension 511 / FAX 919 733-0719 charles.weavenJ� ncmai l.net �. Nov 8 2006 V AiE�iliA _I"il' =Ci ION I� � PC _��✓l�r f�.-(-.,��\i,:� � _fir`.^ i NoithCarolina ;Vati(rally An Equal Opportunity/Affirmative Action Employer — 50% Recycled/10% Post Consumer Paper 1 HCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Michael F. Easley, Governor CERTIFIED MAIL, RETURN RECEIPT REQUESTED Mr. Charles Binkelman 8 Riverbend Drive Asheville, North Carolina 28805 Mr. Binkelman: September 13, 2006 illiam G. oss,.. r.,:_Secretary-,.. Alan W. Klimek; P.E., Ditoctor D� S E P 1 8 2006 WATER QUALITY SECTION A HEVILLE REGIONAL OFFICE Subject: Assessment of Civil Penalty Violations of NCGS 143-215.1 (c) NPDES permit NCO085456 17 Riverbend Drive Buncombe County Case Number RV-2006-0005 This letter transmits notice of a civil penalty assessment of $500.00, based upon the following facts: ➢ The Division issued permit NCO085456 for the subject facility on July 23, 2001. ➢ Permit NCO085456 expired on December 31, 2005. 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 July 4, 2005 (180 days before the permit expiration date). ➢ A Notice of Violation was mailed to you dated April 13, 2006. Records from the U.S. Postal Service document that it was received on April 20, 2006. 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 NCO085456 is required by NCGS 143-215.1. ➢ A renewal request was due for permit NCO085456 no later than July 4, 2005. ➢ By failing .to request renewal of the permit, you violated and failed to act in accordance with NCGS 143-215.1. ➢ By allowinL- the hermit to expire, you are now discharainLr wastewater without a valid permit, an offense punishable by up to $25,000.00 per day. 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 Nne orthCarolina ,.Naturjallly Case number RV-2005-0004 Permit NCO085456 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 $500.00 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 [N/A]; (2) The duration and gravity of the violation [14 months; permit has been expired for 8 months]; (3) The effect on ground or surface water quantity or quality or on air quality [N/A]; (4) The cost of rectifying the damage [N/A]; (5) The amount of money saved by noncompliance [none]; (6) Whether the violation was committed willfully or intentionally [both willful and intentional]; (7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority [N/A]; and (8) The cost to the State of the enforcement procedures [1 hour staff time, certified snail postage]. 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, AC�CA J��- 0jL- Alan W. Klimek cc: Central Files Asheville Regional Office / Roger Edwards NPDES Compliance case file MEMO TO THE FILE i COUNTY: DATE: a FROM: NC DIVISION OF WATER QUALITY -WATER QUALITY SECTION April 13, 2006 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7005 0390 0001 3552 9098 Mr. Charles Binkelman 8 Riverbend Drive Asheville, North Carolina 28805 Dear Mr. Binkelman: T co On March 9, 2006, Janet Cantwell of the Division of V treatment facility serving your residence. An examination of the . w order, however, no prior monitoring of the effluent has occurred. Pa Co monitoring of the effluent. Failure to do so is a violation of this December 31, 2005. To date no record of an application for its rent. violation of the condition contained in Part II B.10 of the NPDES pi be on file with the Division of Water Quality at least 180 days prior t 1�01 N To achieve compliance with all conditions and limits in the 1 2 1. An application for renewal of the NPDES permit must t An application is enclosed for your use. 0 2. Samples of the effluent should be collected and anaiyz i permit. There are local commercial laboratories in the suggestion, your best opportunities for obtaining saml or evening hours after meals and showers have been i CD If you should have any questions or concerns, please corn w,xr`•� . Michael F. Easleyj Governor 4 : William �.: ass Jtig Secretary North CarolinaV�artment Env anment a 4,Natnrai-kesources Alan W. Klimek, P.E. Director Division of Water Quality Subject: Notice of Violation NOV-2006-PC-0115 Failure to Renew NPDES Permit and Failure to Monitor Jet Aeration System NPDES Permit # NCO085456 Buncombe County 7D05 0390 0001 3552 9098 �i Q z N; W� R p m9 m 2m sm+i y N ° 0 m3& omm J-0 mI'DnTaaQ m CD N 4 t n r cc: NPDES Enforcement w/ attachment Water Quality Central Files w/ attachment — D Buncombe Co. Building Inspections Dept. w/ attachment 3 N Ken Castello, Buncombe Co. Health Dept. w/ attachment o North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, NC 28778 Internet: www.ncwaterquality.org An Equal Opportunity/Affirmative Action Employer-50% Recycled/10% Post Consumer Paper Ili; CHAd RI.ES BINKUINIAN J R.IVERr EN11) ORIvj! ASHLVILLE, NC 2880i; M w C� ° Phone (828) 296-4500 FAX (828) 299-7043 'z a w m `D 4 — 1 a - n a e m 3 oCD �3 ❑❑ Z m p D D ° m (n Qm a m < CD In (D is Customer Service 1-877-623-6748 , v United States Environmental Protection Agency EPA Washington, D.C. 20460 Form Approved. OMB No. 2040-0057 Water Compliance Ins ection Report Approval expires B-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 I51 31 N00085l 456 I11 121 06/03/09 I17 18 rl 19Icl 20 H f J LJ Remarks 21IIII IIII'IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIJill III6 Inspection Work Days Facility Self -Monitoring Evaluation Rating 131 QA---- ----- -------Reserved------------- - 671 169 70131 711 I 72I N I 73Ij_j 174 751 I I I I I I 180 Section B: Facility Data Name and Location of Facility Inspected (For Industrial Users discharging to POTW, also include Entry Time/Date Permit Effective Date POTW name and NPDES permit Number) Binkelman residence 11:15 AM 06/03/09 00/12/01 8 Riverbend Dr Exit Time/Date Permit Expiration Date Asheville NC 288D5 12:15 PM 06/03/09 05/12/31 Name(s) of Onsite Representative(s)(fitles(s)/Phone and Fax Number(s) Other Facility Data Name, Address of Responsible OfficiaUTitle/Phone and Fax Number Contacted Charles R Binkelman,8 Riverbend Dr Asheville NC 28805//828-299-3660/ No Section C: Areas Evaluated During Inspection (Check only those areas evaluated) Permit Section D: Summary of Find in /Comments Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s) and Signature(s) of Inspector(s) Agency/Office/Phone and Fax Numbers Date Janet Cantwell ARO WQ/,1,828-296-4500 Ext.4667/ Si nature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date ` , Z- &. i// Z A6 EPA Form 3560-3 (Rev 9-94) Previous editions are obsolete. Page # 1 NPDES yr/mo/day Inspection Type 3I NCO085456 I11 12I 06/03/09 I17 18!_i Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) I met with Mrs. Binkelman on site and checked the electric box control for the jet aeration blower. It appeared to be operational. The Jet-Chlor Tablet Chlorinator Unit appeared to be operational. In conversation with Mrs. Binkelman, no monitoring of the effluent has occured. Page # 2 Permit: N00085456 Owner - Facility: Binkelman residence Inspection Date: 03/09/2006 Inspection Type: Compliance Evaluation i Permit i (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: This permit expired 12/31/2005. Yes No NA NE U M U U ■ ❑ ❑ ❑ ❑■❑❑ ❑ ❑ ■ ❑ ■❑❑❑ Page # 3 �M M Mem C1"1iYC m-i SEP l 0 To: Mr. Roy Davis, NCDENR IT From: Charles Binkelman8 Riverbend Drive Asheville,,NC Phone: 828-299-3660 - Date: 19 September 2000 Re: Water Treatment Plant At 8 Riverbend Drive, Asheville, NC 28805 As per our recent discussions, this memorandum is to inform you of a change in the water treatment plant at the above address. As we had agreed, the Chlorinator unit for the water treatment plant at the above location has been re -installed to the specifications of Jet, Inc. (the manufacturer of the water treatment plant) and stocked with chlorine tablets procured from that same company — see attached copy of Jet-Chlor Tablet Chlorinator Unit, Model 100 enclosed for your information and files. In addition, I have added a procedure to the servicing of the water treatment to check on the level of the chlorine tablets at six- month intervals (note that the manufacturer recommends every 8 months based on our usage). Please note also that, for my particular installation of the Jet-Chlor unit, we were unable to use the Chlorinator Housing as per the diagram in the enclosed document because the output of the water treatment plant was too far below ground level. Instead, we used bottom of the original Housing, which we sealed in cement to prevent any possible leakage, and extended the Feed Tubes to ground level topped with threaded "clean -out" caps in order to supply the necessary function. Thank you for your assistance in this matter. Please feel free to contact me at should you need any further information. Re: annual fee Subject: Re: annual fee Date: Wed, 16 Jan 2002 12:38:27 -0500 From: Forrest _Westall <Forrest.Westall@ncmail.net> Organization: NC DENR DWQ To: Dave Goodrich <Dave.Goodrich@ncmail.net> CC: Roy Davis <Roy.Davis@ncmail.net> I would concur with Roy's request. The individual permit was used because the c of c for sand filters doesn't apply. Forrest Roy Davis wrote: > Dave: I have just been approached by a person who received an invoice > from us demanding payment of $715 for an annual fee. His system is one > of the Jet Aeration systems serving a single family residence. Of course > he jumped a stump when he got the invoice. I need to mention that he has > an individual NPDES permit for the reason that his treatment system is > not one of the cook book systems which we permit through the General > Permitting system. Anyway is there any way we can offer him relief from > the $715 annual fee? I will remind you that the annual fee when a > person's single family residence treatment system is covered by a > Certificate of Coverage is $50. Roy Davis > Roy Davis - Roy.Davis@ncmail.net > North Carolina Dept. of Environment and Natural Resources > Asheville Regional Office > Division of Water Quality - Water Quality Section > 59 Woodfin Place > Asheville, NC 28801 > Tel: 828-251-6208 > Fax: 828-251-6452 1 of 1 1/16/2002 1:24 PM JAN-8-2002 11:35A FROM:Charles Binkelman, R 1 828-299-3660 TO:2516452 P:1/2 Charles Bin elmran 8 Riverbend Dr. Phone: 1(828) 299-3660 Asheville, NC.' 288705 FAX: 1 (828) 299-3660 Email: CBiiik-elman@worldnet.att..net elman(a worldnet.att..net fitcsI tramnittal To: Roy Davis Prowl: Charles Binkelman Re; Permit NC O085456 .%^. 0 Urgent 0 For Revinr Fax: 828-251-6452 Dube: V8/02 Pages: 1 of 2 ❑ Please comment ❑ Please Reply ❑ Please Recycle Ray: here is the only oftkre lnvoict fromNCDRE .R aq per your regLiest Ovules Binkeirnan A J . . . . . . . . . ..L.,�� • j F'4 ��r ```,� � tl��'� !. . . . JAN-8-2002 11:35R FROM:Charles Binkelman, R 1 828-299-3660 TO:2516452 P:2/2 NUK CH CAROLINA DEPARTMEN , wF ENVIRONMENT AND NATURAL RESOURCES INVOICE Annual Permit Fee Phis annual fee is required by the North Carolina Administrative Code. It covers the administrative costs associated with your permit. It is required of any person bolding a permit for any time during the annual fee period, regardless of tine facility's operating status. Failure to pay the fee by the due date will subject the hermit to revocation. Operating without a valid permit is a violation and is subject Loa $10,000 per day fine. lfthe permit is revolved and you ! ter decide a permit is needed, you must reapply, with the understanding the penng re test may he deni duc to Changes in kvironmental, regulatory, or modeling conditions. 'Permit Number: NCO085456 Annual F easel: 111112001 to 1013112002 Binkelman residence ellnvoice Date: December 13, 2001 Charles R. Binkelman Due Bate: January 12, 2002 Charles Binkelman ` Annual Fcc: $715.00 3 Riverbend Drive Asheville NC 28805 Notes: 1. A $20.00 processing fee will be charged for returned checks in accordrnice with the North Carolina General Statute 25-3-512. 2. Non -Payment of this fee by the payment due date will initiate the permit revocation process. 3. Remit payllient to: NC:DENR -Division nr Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 4. Should you have any questions regarding this invoice, please contact the Annual Administering and CoinpJance Fee Coordinator at 919-733-5083 extension 210. . ..................................... ..................... ........................ .......... ......, U L PERMIT INVOICE Retur is P i i Check) Permit Number: NCO085456 Binkelman residence Charles R. Binkelman Charles Binkelman 8 Riverbend Drive Asheville NC 28805 Annual Fee Period: invoice Date; Due Date: Annual Fee: Check Number 1111/2001 to 10/31/2002 December 13, 2001 January 12, 2002 $715.00 1 6 IF�'- ®REM M �M P.,j Place alJ/JlUPI rattl NSF label here for t © �� NSF listed system i C. ,•�, '�-,,�. HOME PLANT OWNERS MANUAL JET INDIVIDUAL HOME WASTEWATER TREATMENT Your JET Wastewater Treatment Plant is a. carefully engi- neered.pollution control system — the high point of individ- ual home pollution control plant technology today. • It accepts the discharge from multiple baths and all modern appliances — garbage grinder,, automatic laundry, auto- matic dishwasher. , • Its large capacity enables it to handle extra loads, such'as guests, with ease. Little.malntenance will be required — no more than for other major home appliances. Should service ever be needed, just call your local Jet Distributor. The plant Is operated automatically by'controls that are factory -set to run only a part of each day. If local conditions HOW YOUR JET PLANT WOMS The basic JET Plant em- ploys a sophisticated bio- chemical process' in which: aerobic bacteria, using oxygen In solution, breaks down and oxidizes house- hold wastewater. This -pro- cess, called aerobic diges- tion, is also used In larger commercial and municipal plants. The basic ,JET Plant's design incorporates three separate compart- ments. The pretreatment compart- ment receives the house- hold wastewater and holds It long enough to allow solid matter to settle to the sludge layer at the tank's bottom. Here anaerobic bacterial action continu- should require full-time operation, the JET Aerator is fully capable of this with no loss of equipment life and only a small increase in power consumption. While running, the plant normally uses significantly less power than that consumed by your refrigerator, TV or most other major home applian- ces. A plant equippedwith a standard aeratorciperatesat 21C watts; one equipped with a floodproof model operates at 350 watts. There will be little for you to do about the operation of your JET Plant. But it is Important to your family, neighbors and community that your plant be kept in first class operating condition. This isn't hard but you must understand your plant to keep It In first class condition. Please take the time to read this manual thoroughly Access for Pumping Pumping Aerator Service Access — Not for Pumping -- — and. Inlet ..'. suAeu (Optional) ;. Skimmer - r Inlet ) i outlet Tub. I I 6.luN + � 1 Settling COmorlmont Pnlrwlment JET AERATION ' Compartment Compartment ously breaks down the , wastewater solids. In the aeration compartment the finely divided, pre-treated ' wastewater from the pre-treatment compartment is mixed with activated sludge and aerated. The JET Aerator circu- lates and mixes the entire content while injecting ample airto -meet the oxygen demand of the aerobic digestion process. HE JET, AERATOR / The only mechanical part of your JET Plant Is tho JET Aora' tor — a finely balanced, precislon-manufactured product made under strict quality control standards. The aerator draws fresh outside air into your treatment plant's aeration compartment through an air Intake vent In The final phase of the oper- ation takes place in the set- tling compartment. In this compartment a tube set- tler eliminates currents ano enhances the settling o! any remaining suspended material which is returned. via the tank's sloping end wall, to the aeration com- partment for further treatment. A non -mechanical surface skimmer, operated by hydraulics, skims'any tloat- ing material from the sur- face of the settling compartment and returns it to the aeration compart- ment. The remaining odor- less, clarified liquid flows Into the final discharge line through the baffled outlet. Normally the plant Itself is entirely beneath ground. Access for service and fresh air forthe plant's operation are provided through two covered concrete risers that extend to finished grade. . tho concroto ncconn covor. Thin air travola down thromiti an outsldo-air-hoso which Is connoctod to the oorntor. I runt hero it travels through the aspirator shaft and Is injectod into the liquid to provide the oxygen needed in the aerobic diges- tion process. Only corrosion -proof stainless steel and PVC plastic parts are used In or near the wastewater. OWNER'S MANUAL JET/NC. - 1The next, more demanding standards are U.S. EPA's, which are a maximum of 30 ppm BOD and 30 ppm SS. NSF minimum performance requirements for Class I plants are HOW YOUR JET PLANT WORKS identical to these EPA standards. Your JET Plant tested well Your JET Plant consists of a tank, a JET Aerator, and Jet BAT under these 30/30 maximum limits. Process Media.(!D Your plant uses Jet's new exclusive waste- The strictest U.S. EPA standards for ecologically sensitive water treatment process called BIOLOGICALLY ACCELER- . areas are 10 ppm BOD and 10 ppm SS. Because these limits ATED TREATMENT`'— BATo for short. are extremely difficult to reach, compliance is not normally The tank has three compartments. Arrows on the diagram required. NSF has no such standards at this time. below indicate the flow pattern and flow direction through Your Model J-353listed JET Plant had an average, including these compartments. This plant is NSF rated at 500 gpd. stress testing, of 15 ppm BOD and 12 ppm SS over its entire The compartment on the left is designed for pretreatment. This compartment receives the wastewater and treats it physically and biochemically before it passes on to the center treatment compartment. The JET Aerator injects fresh air into the treatment com- partment to provide oxygen and mixing to support Jet's revolutionary, state -of -the -art -BIOLOGICALLY ACCELER- ATED TREATMENT" process. In this process, great num- bers of microorganisms attach themselves to the Jet BAT Process Media,@ providing an extraordinarily high degree of treatment as they convert the wastewater to odorless, color- less liquids and gases. Air from the JET Aerator supplies the oxygen required by the microorganisms to complete this process. Mixing insures that all the wastewater inside the compartment comes in contact with the microorganisms for total treatment. The treated contents inside the center compartment then flow into the settling compartment. Here, any fine particles settle and return to the treatment compartment, leaving only a clear, odorless, treated liquid for final discharge. Access S'-0" Service Access For Pumping Aerator Not For Pumping Grade . Inlet ` (Optional) Outlet tt Weir — — I Flow Line — Inlet ( Outlet t � i i I I i i 1 � � settling compartment i Jet BAT Pretreatment Process Media_ ComDartmanl Treatment compartment ( Patent Pending The J-353 Plant has been tested to NSF Standard 40, and has a Class I NSF Listing. YOUR JET PLANT PERFORMANCE The least demanding NSF standards are for Class II plants. These standards are 60 ppm BOD and 1 o0 ppm SS. Your NSF testing period. CONTROL PANEL - NSF MODEL The control panel is mounted in a visible location so the red warning light on the cover can be easily seen. The red light will only glow if the aerator is not operating. In this event, press the circuit breaker reset button. if the red light continues to glow, call your distributor. Wiring instructions and a wiring diagram are inside the control panel cover. Energy requirements are 115 Volt, 60 HZ. Electrical work must be performed in accordance with the requirements of the National Electrical Code and local codes. NEVER TOUCH YOUR JET AERATOR OR THE CONTROL PANEL WIRING UNLESS THEIR POWER SUPPLY HAS BEEN TURNED OFF. 5'-01. W-101/4" Access Access Aerator Cover Coven (Riser Optional) Inlet Tee (Optional) Flow Line Intel. i — Outlet Settling Pretreatment x Treatment Compartment Compartment Compartment Jet BAT 17 Process Media. Patent Pending This plant does not have an NSF listing but is identical to the J-353 plant except the riser over the settling compartment is optional, the control panel may be a cycled or non -cycled model and the outlet weir is not included. If the riser is not used then the tank has a below grade access cover in the coma Inratinn the riser would be. NOW YOUR JET PLANT WORKS Your -JET Plant consists of a tank and a JET Aerator. The tank has three compartments. Arrows in the diagram indicate the flow pattern and flow direction through these compartments. If you have Plant Model J-153, it operates by the activated sludge process. This.plant does not have an NSF Listing. The compartment on the left is designed for pretreatment. . This compartment receives the wastewater and treats it — physically and biochemically — before it passes on to the aeration compartment. In the aeration compartment, wastewater from the pretreat- ment compartment is mixed with activated sludge and aerated. The JET Aerator circulates and mixes all the waste- water, while injecting ample air to meet the oxygen demands of this aerobic process. The treated wastewater inside the aeration compartment then flows into the settling compartment. Here, any fine particles settle and return to the aeration compartment, leaving only a highly treated liquid for final discharge. Surface Access Skimmer For Pumping 4'-6" (Optional) Service Access Not For Pumping Aerator (Optional) Inlet Grade (Optional) + Flow Line _ - Inlet i _ = LL. _Outlet Tube t I t f} I ! Settler f I i I (Optional) Settling V Compartment .S • Pretreatment AERATION Compartment Compartment The control panel may be a cycled or non -cycled model. It is mounted in a visible location so the red warning light on the cover can be easily seen. The red light will only glow if the aerator is not operating. In this event, press the circuit breaker reset button: If the red light continues to glow, call your distributor. Operational instructions and a wiring diagram are inside the control panel cover. Read the instructions on the inside of the control panel cover. Energy requirements are 115 Volt, 60 HZ. Electrical work must be performed in accordance with the requirements of the National Electrical Codes and local codes. YOUR JET AERATOR The only mechanical component in your JET Plant is the JET Aerator — a finely balanced, precision -manufactured pro- duct made under strict quality control standards. JET Vent Cap Fresh outside air is Padlock drawn into your treat - (Optional) z— mentplant'scentercom- . �, , .. , . Ya `"`1`n1 partment by the -JET Outside Riser Aerator. The air travels Air Hose (Optional) through the air intake Antl- Underground Rotation vent in the concrete ac- Cable — Block cess cover and moves Grout down an outside air hose, which is connect - Aerator ed to the aerator. From Mounting Flow Line Casting here, it goes through the aspirator shaft and is injected into the liq- uid to provide the oxy- gen required for the . treatment process. Only corrosion -proof stainless steel and PVC plastic parts are used in or near the wastewater. A foam restrictor disc at the top of the shaft controls the foam created by the mixing/aeration process. This disc throws the foam to the sides of the tank, breaks it up, contains it in the tank and protects the aerator. There are two types of J ET Aerators — a Standard Model and a Floodproof Model. The Floodproof Model is totally sealed to protect it from damage by water. It should be installed where there is a possibility of waterdamage..The Floodproof Aerator is not designed to operate under water. If it floods, the circuit breaker on the control panel will automatically open, shut off power to the aerator and light the aerator warning light on the control panel. If this happens, it will be necessary for you to pres's the circuit breaker reset button to start the aerator again. CIRCUIT BREAKER PROTECTION A warning light and a circuit breaker reset button are located on the control panel cover. If there should be an electrical overload; the circuit breaker button will pop out, open the circuit and protect the aerator from damage. The warning light will glow red when the circuit breaker has opened, indicating that power to the aerator has been cut off. When this happens, press the red button on the panel cover to reset the circuit breaker. This should start the aerator operating again. If, instead, the red aerator warning light comes on repeatedly, call your Jet Distributor for service. Wiring instructions and a wiring diagram are inside the control panel cover. Energy requirements are 115 Volt, 60 HZ. Electrical work must be performed in accordance with the requirements of the National Electrical Code and local codes. NEVER TOUCH YOUR JET AERATOR OR THE CONTROL PANEL WIRING UNLESS THEIR POWER SUPPLY HAS BEEN TURNED OFF. WARNING BUZZER (OPTIONAL) Your control panel may also be equipped with a warning buzzer. This buzzer will sound when the circuit breaker trips and the aerator warning light goes on. Both buzzer and warning light can be turned off by pressing the circuit breaker reset button on the control panel cover. Normally, this will start the aerator running again. If the buzzer and warning light come on repeatedly, turn the switch in the control panel to "OFF" and immediately call your Jet THESE ITEMS ULD NEVER GO INTO ANY SYSTEM Your JET Plant will handle all wastewater from your home and all items normally disposed of by your home plumbing system. For proper plant operation, never permit these items to pass into your plant... • Plastic Products - Rubber Products - Towels and Wash- cloths - Sanitary Napkins - Mop Strings - Paints • Grease ... Pourcooking grease into acontainer and throw away when it is solidified. Never pour grease down your sink. • Lint ... Lint from automatic laundry "lint catchers" should be disposed of in the trash. Never wash lint down the drain. • Rags and Scouring Pads ... Rags and scouring pads should be disposed of in the trash. Never let them go down - the drain. Never flush them down the toilet. Strings, nylon reinforcing and other particles from these items may wrap around the aspirator shaft and hamper its operation. • "Disposable" Diapers - .. All diapers can be rinsed out in the toilet. But never flush regular or "disposable" diapers down the toilet. • Water Softener Backwash ... Water softener backwash should not be routed through the plant. We suggest that you dispose of this backwash in some other area, such as a drainage ditch, storm sewer or downspout drainage sys- tem. As a last resort, you may route water softener backwash around the plant and into the plant's final discharge line. Do this only when no other disposal area for water softener backwash is available. • Paints and Thinners ... Paints (oil or latex), paint brush wash water and thinners should never be.poured down drains. • Household Cleaners and Disinfectants ... Never use extremely strong household cleaners and disinfectants, such as Drano, Liquid Plumber or commode tank sani- tizers. We recommend the use of biodegradable detergents when- ever possible to insure plant efficiency and maximize length of time between tank pumping. PILAPJT MODELS RAT® PROCESS Jet Media Plants are available in six sizes — Your plant uses .let's new, exclusive waste 500, 600, 750, 1000, 1250 & 1500 GPD. "GPD" water treatment process called Biologically means "gallons per day", the way in which Accelerated Treatment' or BAT® for short. wastewater treatment plants are rated. Plants in the J-1500 Series have been tested and meet NSF Standard 40 criteria for a Class I NSF Listing. f�e�r��� �Q��•��ares�� 500 GPD Plant 600 thru 750 GPD Plants In this process, millions of microorganisms... attach themselves to the media. The Jet aerator supplies the oxygen utilized by the microorganisms to convert the waste to colorless, odorless liquids and gases. This provides an extraordinarily high degree of treatment..; JET TANK The tank has three compartments. Arrows on the diagram indicate the flow direction. The Pretreatment compartment, on the left, receives wastewater, treats it physically and biologically. The Jet aerator provides mixing and injects fresh air into the Treatment com- partment contents. SOO THRU ISOO GPD PLANTS Control Panel Grade II1�I�LI _._ _ 'I fml1✓I The wastewater flows thru the plant receiv- ing treatment as it travels to the Settling compartment. Here, fine particles settle and return to the Treatment compartment, for further processing. This leaves only a clear, odorless liquid for final discharge. PATENTED izo� I r---I I II 1 - s9 — I o II I I r- o i r r `Ll II II I I I I i 1 Control 1 r�7 CP°anel l 0 Panel Panel u ' 3 L� 7 Flow L�in�y , J/ Flow Limy From I • I Pretreatment •' { Tank ? I I I 69 r so.s I 69 Settling Settling Compartment I r Compartment I A I so.s p i 3.r, L i 3.5 Pretreatment tI J Media J Media Tank Media Pretreatment Treatment Treatment Treatment Either a JET Tank Above or Any Compartment Compartment Compartment 1 Compartment 2 1000 Gallon Septic Tank are 500 thru 750 GPD Plants 1000 thru 1500 GPD Plants Acceptable for 600 GPD Shown as Representative 1500 GPD Shown as Representative Pretreatment JET AERATOR The only mechanical component in your plant is the aerator. Your aerator requires no owner maintenance. Fresh, outside air is drawn into the Treatment compartment by the aerator. Air travels down the Mounting Casting Cover air vent thru the aerator and into the tank. This pro- vides oxygen for the treatment process: Any foam is controlled by the foam restrictor. The aerators operation is virtually silent. Sometimes there is a very slight sound of air moving into the tank. occasionally, when a tank is located close to a bedroom window an owner may wish complete silence. In this case, complete silence can be obtained by asking your Jet Distributor to install an Aerator Silencer. Jet has a Standard and Floodproof aerator. The Floodproof is sealed to protect it from damage by water. The Floodproof is not designed to operate under water. If a high water level occurs, the control panel circuit breaker will open, shutting off power to the aerator, and the warning light will turn "on." If this hap- pens, press the circuit breaker reset button on . the control panel to restart the aerator. 7 Vent Cap Aerator Padlock —� Access Cover (Optional) _ Grade —7 Outside — Air Hose if.l t \` Riser Underground Mounting Cable J Casting Flow Line II CONTROL PANEL The control panel may be cycled or non - cycled depending upon local regulations. Jet offers different control panel models which meet requirements in all areas. The time cyd&,was,setby.an authorized: service technician to conform tXo local `4. regulations Do not change this setting. The Irontrol Panel should_ be ;mounted where it can be, accessible,and easily seen. �.�r��3}': i rnu •<t^ .;i �tLfi� t4�i i �.;`: t c n rfF r Yvt. A war 6d ,diagrar a and instructions are insi If the red warning light glows and/or an audible alarm sounds, the circuit breaker has opened to protect the aerator. To restart the aerator, press the circuit breaker reset button. If the breaker does not stay "set", causing the light and/or alarm to repeatedly operate, contact your authorized Jet distributor. Your control panel may.have a warning . buzzer which sounds when the circuit breaker trips and the warning light goes "ON." Both buzzer and warning light can be turned off by pressing the control panel circuit breaker reset button. Normally, this will start the aerator • Never handle your aerator. Call your Jet Distributor if any service is necessary. • If the aerator access cover is ever removed, it is important that the outside air hose be replaced in the Vent Cap and is not kinked. • Never disassemble or work on the aerator. This voids the Warranty. • Power at the main electrical panel must be turned off before any authorized service is performed on the aerator, control panel or any wiring. running again If the buzzer and warning light come on repeatedly, turn the switch in " the control panel.to "OFF" and' call your Jet Distributor for service } r r JET: CHL.OR®, CHLORINATION}. "I `` JET-CHLOR@ the plant the "Installation gives instructions d you use only rich are EPA are not approved. write Jet Inc. to purchase JET CHLORe and to receive additional information. CHLOR-AWAY® DECHLORINATION If you have a chlorinator, your plant may be equipped with a Jet Dechlorinator. This is installed after the Chlorinator on the discharge line. We strongly recommend you use only CHLOR-AWAY® Tablets in your dechlorinator. Our tablets are highly effective and cost efficient. See you local dealer or write Jet Inc. to purchase CHLOR-AWAY® and to receive additional information. BIO JET 7e • BIO JET 7® is a natural, organic, non -toxic liquid which gets new plants, and plants which have just completed their 3-year service, off to a running start. When used as directed it prevents grease traps from clogging and eliminates septic tank odors too. It really works! • If your neighbors have a smelly septic tank, suggest they get a bottle of BIO JET7e. It is their first line of defense in dealing with their septic tank odor • Periodic application of BIO JET 7® and the recommended plant maintenance will keep your plant running in top form. • Your Jet plant should have an Inspection/Service call by your distributor every 6 months. A bottle of B I O JET 7® should be used following this call. See your local dealer or write JET Inc. to purchase BIOJET 7® and to'receive additional information. problems. INSPECTION 8c SERVICE Local Distributor Service Intervals - The local Jet Distributor who installed your 6=Month Service This comprenensive Jet plant is tramed,'expenenced `and prop- service call includes collection and assess- erly;equipped,to.handle.service and answer ment.of.a posttreatment sattiple; removal, any questions His name and phone num- ;-i�4 inspection, servicing, cleanmg,;reinstallation ber are on the cover of your Control Panel ,t and testing of the aerator by a�trained Renew Your Insl & Service Policy For the first two years, free of charge, your Jet Distributor provides an inspection/ service policy, which includes repair, service & maintenance calls. After the first two years, renew your Inspection Service Policy with your Jet Distributor. Virtually all health departments require that this policy be kept continuously in force. s all elements of eaning the 3=Year dNice This`;involves all steps in the 6: and'2 month service and tank pumping. Ifou have not renewed your Inspection & Service Policy, you will be charged for the 30- and 36-month service calls. Tank pumping is not included under your Jet Distributor's Inspection/Service Policy. It is charged to you by your Tank Pumper. If you have kept your service policy in force, there will be no charge for the aerator service. PLANT SERVLcE 13 Year ;Cycle r a a.s service `:=. 3 Months ..:;• t 18 24 30' 36 6-Month Inspection/Service •`: • • • •> • '- ;12 Month Inspection/Service • •} • 3-Year Service; • L_' itT-CHLOR TABLET CHLORINATOR ✓ET/Nc. MODEL 100 . INSTALLATION AND OPERATION GENERAL DESCRIPTION Model 100 JET-CHLOR Tablet Chlorinator is a complete chlorine dispensing system. The Model 100 has a 4'/2" diame- ter inlet and outlet. It is designed to handle the flow of treated effluent from wastewater treatment plants with design flows up to 1500 gallons per day. It can also chlorinate the effluent from septic tanks when installed after a filter bed. The JET-CHLOR Tablet Chlorinator has no moving or elec- trical parts. It uses JET-CHLOR Disinfecting Tablets'— not powders or gases. The JET Chlorinator works by gravity flow alone — chlorine dosage automatically adjusts with increases and decreases in effluent flow. HOW THE CHLORINATOR WORKS The JET-CHLOR Tablet Chlorinator consists of a housing and two tablet feed tubes. The chlorinator is installed directly in the ground on the plant's discharge line so the plant discharge flows through it. Feed tubes and a chlorine con- tact channel control the direction of flow within the chlorinator. Slow -dissolving JET-CHLOR Tablets at the bottom of the feed tubes are immersed in the effluent. They dissolve evenly, slowly releasing active chlorine. The rate at which the tablets dissolve is regulated automatically by the liquid height and by varying the amount of tablets in contact with the effluent. When the flow of effluent Increases, the liquid level in the housing rises, covering more tablets and releasing more chlorine. When the flow decreases, the liquid goes down. As a result, fewer chlorine tablets are immersed and less chlo- rine is released. In this way, the rate at which the chlorine tablets dissolve is continuously adjusted to the effluent flow. LOCK BAR PLUO LOCK BAR COVER e®-- CAPS TABLET FEED TUBES JET-CHLOR TABLETS CHLORINATOR '* EXCAVATION The chlorinator excavation should be made as close as possible to the effluent end of the treatment plant. A 6" deep compacted sand pad or concrete pad should be installed at the bottom of the chlorinator excavation to prevent uneven settling of the chlorinator. The pad must be absolutely level. Check the excavation size and depth. The chlorinator inlet must line up with or be slightly lower than thetreatment plant outlet. 27 nnr 31 vt INLET OUTLET 3 tvu- �---17 114•-+1 INSTALLATION INLET AND OUTLET CONNECTION The chlorinator has a molded -in arrow on its side to show the correct direction of flow. Make sure the arrow points in the direction of flow and that the chlorinator is level or slightly sloping toward the outlet when installed. It the chlorinator is installed backwards or is not level, effluent will -stand in the bottom. This condition will result in o hlorinatlon and excessive use of JET-CHLOR Tablets. Connect the inlet and outlet lines as follows: 1. Connect inlet end of chlorinator to outlet end of treatment plant with 4" diameter Schedule 40 PVC Pipe. 2. Connect outlet end of chlorinator to 4" diameter Schedule 40 PVC Pipe. 3. Seal inlet and outlet connections.with waterproof mastic or caulking compound. RISERS (Optional) The chlorinator access cover must be at least 2" above grade. If it is not, risers are needed. One riser will raise the chlorinatortop 12". Chlorinator risers are available from Jet Dealers. These can be easily attached as follows: RISER 13„ 1. Remove chlorinator cover. 2. Remove two sheet metal screws in side of riser. 3: Place riser on top of chlorinator body and press down until riser snaps.in place. Line up two holes where screws were removed with slots at top of chlorinator body. 4. Install screws in riser holes to join it to chlorinator body. 5. If ground water seepage is going to be a problem, apply a sealing compound to the seam between the chlorinator body and the riser before backfilling. 6. If necessary, an additional riser can be installed. No more than a total of 2 risers should be used. More than 2 risers will make feed tubes too difficult to reach for servicing. 7. Snap cover removed from chlorinator top onto top of riser. LEVEL CHECK & BACKFILLING Before backfilling, heck to be sure chlorinator is level or sloping slightly toward the outlet. This can be done by checking the inlet and outlet lines and thetop of thechlorina- tor with a level. The level can also be checked by removing the feed tubes and pouring water into the chlorinator. The water will drain out of the chlorinator if it has been set properly. If the water does not drain, reposition the chlorina- tor so it does. Caret% :�ackfill so the chlorinator's position is not changed. After backfilling is complete, make sure chlorinator top is at least 2" above the grade line. Also,,the grade should slope down, away from the top. This prevents surface water from entering the chlorinator. OPERATION JET-CHLOR TABLETS JET-CHLOR Tablets were developed especially for use in JET-CHLOR Chlorinators and we recommend their use. JET- CHLOR Tablets dissolve slowly, evenly, and completely — will not "wick" or dissolve prematurely. They provide fast, complete bacteria killing power and inhibit bacteria regrowth at the same time. Their convenience, efficiencyand dependability is unsurpassed. Your JET-CHLOR Dealer can provide you with tablets for refilling the chlorinator yourself, and, in many areas, he can offer you a complete refilling service. Write Jet Inc. for the name of your local dealer. FILLING FEED TUBES We recommend you only use JET-CHLOR Tablets in this chlorinator. Before handling JET-CHLOR Tablets read the container label and the "Danger" section below. To fill the chlorinator, remove the top and tubes from the housing. Fill the tubes as follows: , 1. Remove caps and rinse tubes clean with water. 2. Fill each tube to top, one tablet at a time. Each tube holds approximately 34 JET-CHLOR Tablets. 3. Tablets must lie flat, or tubes will clog and prevent proper feeding of chlorine. 4. Replace caps and install tubes in housing with slotted ends down. Tubes must rest in channel in floor of housing. 5. See JET-CHLOR container label for additional instructions. DANGER — KEEP OUT OF REACH OF CHILDREN The product is highly corrosive, causes skin and eye dam- age, and may be fatal if swallowed. Do not get into eyes, on skin or on clothing. Wear goggles or face shield and rubber gloves when handling tablets or working with the chlorina- tor. Irritating to nose and throat. Avoid breathing dust. Remove and wash contaminated clothing beforereuse. It isa strong oxidizing agent and should be mixed only with water. Contamination may cause fire! If swallowed, feed bread soaked in milk followed by olive oil or cooking oil. Call a physician immediately. If on skin: brush off excess chemical and flush skin with cold water for at least 15 minutes. If irritation persists, get medical attention. It is a violation of federal law to use JET-CHLOR in a manner inconsistent with the label on the JET-CHLOR container. LOCKING CHLORINATOR JET's Tablet Chlorinator is equipped with a lock bar to pre- vent access by children or other unauthorized people. The lock bar is easily installed by sliding it through the slots provided in the cover and the chlorinator housing. Risers also have slots to accept the lock bar. Secure the lock bar with a padlock with a 114" diamei, Padlocks are not supplied with the basic chlorinator but are available on separate order from Jet. These all -brass keyed -alike pad- locks are, available from Jet Dealers. TESTING CHLORINE RESIDUAL The JET Tablet Chlorinator is designed to provide proper chlorination for the flow from an individual home wastewater treatment system. However, to make sure the chlorinator is operating properly, the chlorine residual in the final effluent at the discharge point should be checked after the system is in operation. The term "chlorine residual" means the amount of chlorine left in the effluent; it is proof that all oxidizable substances have been destroyed with chlorine to spare. The chlorinator should be in operation at least one hour before testing. A test kit is needed to check chlorine residual. Chlorine residual test kits are available from Jet Inc. or your dealer. Easy -to -follow instructions are included in Jet's kit. Nor- mally a 1-ppm (parts per million) residual is considered ade- quate, but local conditions and codes vary, so check with the health department to see how much residual Is required in your area. MAINTENANCE Before restocking the chlorinator with JET-CHLOR Tablets, check the tubes and housing to see if cleaning is needed. Residue and solids which accumulate on or inthe tubes must be removed by rubbing or gently scraping with a stiff brush or gloved hand. CAUTION: Wear goggles or face shield and rubber gloves when handling JET-CHLOR Tablets orwork- ing with the chlorinator. Clean out any dirt accumulation in the housing. It should be minimal because of the smooth inside surface. Dirt can usually be flushed out easily with a hose. This causes a surge of liquid through the chlorinator which carries out any accumulated solids. REFILLING THE FEED TUBES CAUTION: Read the "Filling Feed Tubes" section and the "Danger" notice that follows it before refilling the feed tubes. Always wear goggles or face shield and rubber gloves when handling JET-CHLOR Tablets or working with the chlorinator. Tablets in a fully loaded chlorinator will last the average four -person family six months. The following table shows normal refilling periods for chlorinators serving larger or smaller families. SCHEDULE FOR REFILLING CHLORINATOR Persons in Household Months of Service Before Refilling 2 8 4 6 6 4.5 8 3.5 10 3 12 2.5 TROUBLL ...SOOTING Many factors can affect the amount of chlorine residual. If you find too much or too little chlorine remaining in the effluent, this chart will tell you how.to locate and correct the problem. Too Little or No Residual Chlorine CAUSE CORRECTION Out of JET-CHLOR Chlorine Refill feed tubes. Tablets. Feed tubes not resting in con- Adjust tubes so they rest in tact channel. channel in chlorinator hous- ing floor. Tablets jammed in feed tubes. Reload tubes properly so all tablets drop down. i Gross hydraulic overloading Check roof downspouts with (too much liquid). water from garden hose to make sure they discharge into separate line or a line after, not . before, chlorinator and treatment system. Check house for'Ofoilets or faucets that do not completely shut off. Too Much Residual Chlorine CAUSE CORRECTION Flow abnormally light or in- Remove. tablets from one organic. tube. Contact channel not draining Check channel in chlorinator properly. housing floor for blockage and clear if necessary. Check to see if channel is level,.see "Level Check & Backfilling" section. Level if necessary. Check Chlorine Residual If the nuMberof filled feed tubes is changed, test the chlorine residual again following the procedure described under the heading "Testing Chlorine Residual." SUPPLIES AND OPTIONAL ITEMS The following items can be ordered from JET-CHLOR Dea- lers. Write Jet Inc. for the name of your local dealer. • 25-pound pails of JET-CHLOR Disinfecting Tablets • 45-pound pails of JET-CHLOR Disinfecting Tablets • 100-pound drums of JET-CHLOR Disinfecting Tablets • Chlorine test kits • Keyed -alike all -brass padlocks • Model 106 - Chlorinator Riser r 1®-Year Limited Warranty Jet fnc. warrants every new JET-CHLOR Tablet Chlorinator against defective materials and workmanship under normal service (providing chlorine disinfection for wastewater Manual. The warranty applies only to the JET-CHLOR Tablet Chlorinator and does not include any of the plumbing, drainage, or any other part oflhe disposal system. treatment) when installed and operated according to Jet's written instructions for ten (10) years commencing upon date of purchase by the original purchaser. JET INC. SHALL NOT BE HELD RESPONSIBLE FOR ANY DAMAGES CAUSED BY DEFECTIVE COMPONENTS OR MATERIALS, OR FOR LOSS INCURRED BECAUSE THtS WARRANTY, IS NOT EFFECTIVE UNLESS THE ENCLOSED JET-CHLOR OF OF AL CHLORINATOR WARRANTY REGISTRATION CARD IS RETURNED TO JET INC. OR EXPENSES FROSPEM RE, S ARISING MANUFACTURE, INCIDENTAL DAMAGES OR EXPENSES ARISING FROM THE MANUFACTURE, L DAMAGES INCIDENTAL WITHIN TWENTY (20) DAYS OF DATE OF PURCHASE BY THE ORIGINAL SALE, USE OR WISUSE OF THE TABLET CHLORINATOR. THIS WARRANTY IS IN SA PURCHASER. LIEU OF ALL OTHER EXPRESS WARRANTIES. ANY WARRANTY IMPLIED BY LAW, This warranty applies only to use oftheJET-CHLORTabletChlorinatoratthelocationin INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS, IS LIMITED TO THE TEN YEAR PERIOD SPECIFIED ABOVE. (SOME STATES DO NOT which the unit is originally installed. ALLOW EXCLUSIONS OR LIMITATIONS OF INCIDENTAL OR CONSEQUENTIAL If in -warranty repairs are needed. the chlorinator will be repaired or replaced, at JeVs DAMAGES OR ALLOW LIMITATIONS OF HOW LONG AN IMPLIED WARRANTY option at the factory with no charge for laborgrmaterials when returnedtoJet Inc. bythe LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.) distributor or'dealer from whom the chlorinator was purchased or by the original purchaser within the warranty. If there are missing parts an additional charge will be The company reserves the right to revise, change, or modify the construction and design made. The purchaser shall assume all freight charges to and from the factory. of JET-CHLOR Tablet Chlorinators or any component part or pans thereof, without incurring any obligation to make such changes or modifications in present equipment. The warranty does nbt cover chlorinators that have been disassembled by unauthorized persons, improperly installed, damaged by lightning, subjected to external damage, or This warranty gives you specific legal rights, and you may also have other rights which damage by'failure to fallow the suggestions outlined in the Installation and Operation vary from state to state. 1 ji� . dET/IYC. • 750 Alpha Drive • Cleveland, Ohio 44143 • U.S.A. 999 JET, JETAERATION, AIR SEAL, JET-CHLOR, CHLOR-A WAY and B10 JET-7 are registered frademarks of JET INC. e -MCMLXXXfI JET,.INC. Q