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HomeMy WebLinkAboutNC0066796_Regional Office Historical File 2005 to 2015DIVISION OF WATER QUALITY - CIVIL PENALTY ASSESSMENT (FILE) Violator: Buncombe County Schools / Leicester Elementary WWTP / NCO066796 (June 2012 DMR) County: Buncombe Case Number: LV-2012-0199 ASSESSMENT FACTORS As required by G.S. 143-214.6A(c), in determining the amount of the penalty I considered the factors set out in G.S. 143B-282.1(b), which are: 1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation; All effluent violations may be detrimental to the receiving stream but may not be immediately quantified. 2) The duration and gravity of the violation; Two Daily Max BODs exceeded the permit limit by 140 % & 81.33 %. One Monthly Average BOD exceeded the permit limit by 110.66 %. 3) The effect on ground or surface water quantity or quality or on air quality; All effluent violations may be detrimental to the receiving stream but may not be immediately quantified. 4) The cost of rectifying the damage; The cost is unknown. 5) The amount of money saved by noncompliance; The amount of money saved would include the cost of excess solids removal and more aeration. 6) Whether the violation was committed willfully or intentionally; It does not appear to be either. 7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and. There -has been one civil penalty assessment in the twelve months prior to this violation. 8) The cost to the State of the enforcement procedures. $137.00. Date Chuck Cranford, Regional Supervisor Surface Water Protection Section Asheville Regional Office 11/02/2012 NC®ENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman Governor Director Secretary November 5, 2012 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. R. Belvin Hall, Assistant Director, Maintenance Buncombe County Schools 175 Bingham Road Asheville, North Carolina 28806 SUBJECT: Notice of Violation and Assessment of Civil Penalty for Violations of North Carolina General Statute (G.S.) 143-215.1(a)(6) and NPDES Permit NCOO66796 Buncombe County Schools Leicester Elementary School WWTP Case No. LV-2012-0199 Buncombe County Dear Mr. Hall: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $587.00 ($450.00 civil penalty + $137.00 enforcement costs) against Buncombe County Schools. This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report (DMR) submitted by Buncombe County Schools for the month of June 2012. This review has shown the subject facility to be in violation of the discharge limitations and/or monitoring requirements found in NPDES Permit NCOO66796. The violations which occurred in June 2012 are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that Buncombe County Schools violated the terms, conditions or requirements of NPDES Permit NCOO66796 and G.S. 143-215.1(a)(6) in the manner and extent shown in Attachment A. In accordance with the maximums established by G.S. 143-215.6A(a)(2), a civil penalty may be assessed against any person who violates the terms, conditions or requirements of a permit required by G.S. 143-215.1(a). Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Quality, I, Chuck Cranford, Division of Water Quality Regional Supervisor for the Asheville Region, hereby make the following civil penalty assessment against Buncombe County Schools: NorthCarohna Naturallrf SURFACE WATER PROTECTION —ASHEVILLE REGIONAL OFFICE Location: 2090 U.S. Highway 70, Swannanoa, NC 28778 Phone: (828) 296-4500\FAX: 828 2997043 Internet: www.ncwateraualitv.or-q 2 of the 2 violations of G.S. 143-215.1(a)(6) and NPDES Permit No. $200.00 NC0066796, by discharging waste water into the waters of the State in violation of the Permit Daily Maximum limit for BOD - Cone. 1 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No. $250.00 NC0066796, by discharging waste water into the waters of the State in violation of the Permit Monthly Average limit for BOD - Cone. $450.00 TOTAL CIVIL PENALTY< $137.00 Enforcement Costs $587.00 TOTAL AMOUNT DUE Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 143B- 282.1(b), which are: (1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation; (2) The duration and gravity of the violation; (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; (6) Whether the violation was committed willfully or intentionally; (7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and. (8) The cost to the State of the enforcement procedures. Within thirty days of receipt of this notice, you must do one of the following: 1. Submit payment of the penalty: Payment should be made directly to the order of the Department of Environment and Natural Resources (do not include waiver form). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). Please submit payment to the attention of: Point Source Compliance/Enforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 OR 2. Submit a written request for remission or mitigation including a detailed justification for such request: Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Because a remission request forecloses the option of an administrative hearing, such a request must be. accompanied by a waiver of your right to an administrative hearing and a stipulation and agreement that no factual or legal issues are in dispute. Please prepare a detailed statement that establishes why you believe the civil penalty should be remitted, and submit it to the Division of Water Quality at the address listed below. In determining whether a remission request will be approved, the following factors shall be considered: (1) whether one or more of the civil penalty assessment factors in NCGS 143B-282.1(b) was wrongfully applied to the detriment of the petitioner; (2) whether the violator promptly abated continuing environmental damage resulting from the violation; (3) whether the violation was inadvertent or a result of an accident; (4) whether the violator had been assessed civil penalties for any previous violations; or (5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Please note that all evidence presented in support of your request for remission must be submitted in writing. The Director of the Division of the Division of Water Quality will review your evidence and inform you of his decision in the matter of your remission request. The response will provide details regarding the case status, directions for payment, and provision for further appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty Remissions (Committee). Please be advised that the Committee cannot consider information that was not part of the original remission request considered by the Director. Therefore, it is very important that you prepare a complete and thorough statement in support of your request for remission. In order to request remission, you must complete and submit the enclosed "Request for Remission of Civil Penalties, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form within thirty (30) days of receipt of this notice. The Division of Water Quality also requests that you complete and submit the enclosed "Justification for Remission Request." Both forms should be submitted to the following address: Point Source Compliance/Enforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 M 3. File a petition for an administrative hearing with the Office of Administrative Hearings: If you wish to contest any statement in the attached assessment document you must file a petition for an administrative hearing. You may obtain the petition form from the Office of Administrative Hearings. You must file the petition with the Office of Administrative Hearings within thirty (30) days of receipt of this notice. A petition is considered filed when it is received in the Office of Administrative Hearings during normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for official state holidays. The original and one (1) copy of the petition must be filed with the Office of Administrative Hearings. The petition may be faxed - provided the original and one copy of the document is received in the Office of Administrative Hearings within five (5) business days following the faxed transmission. The mailing address for the Office of Administrative Hearings is: Office of Administrative Hearings 6714 Mail Service Center Raleigh, North Carolina 27699-6714 Telephone (919) 733-2698 Facsimile: (919) 733-3478 and Mail or hand -deliver a copy of the petition to Mary Penny Thompson, General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh, North Carolina 27699-1601 Please indicate the case number (as found on pageone of this letter) on the petition. Failure to exercise one of the options above within thirty (30) days of receipt of this letter, as evidenced by an internal date/time received stamp (not a postmark), will result in this matter being referred to the Attorney General's Office for collection of the penalty through a civil action. Please be advised that additional penalties may be assessed for violations that occur after the review period of this assessment. If you have any questions, please contact Janet Cantwell of the Water Quality staff of the Asheville Regional Office at 828-296-4500. Sincerely, Chuck Cranford, Regional Supervisor Surface Water Protection Section Asheville Regional Office ATTACHMENTS cc: DWQ Regional Supervisor w/ attachments NPDES Point Source w/ attachments DWQ Central Files w/ attachments RPB Systems/ ORC w/ attachments S.'tiSGVP`,Btincombe,Wastewater`;blinors`,Leicester Elementary 66796\LV ?O12-Q199.doc JUSTIFICATION FOR REMISSION REQUEST DWQ Case Number: LV-2012-0199 County: Buncombe Assessed Party: Buncombe County Schools / Leicester Elementary WWTP Permit No.: NC0066796 Amount Assessed: $587.00 Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of Facts " form to request remission of this civil penalty. You should attach any documents that you believe support your request and are necessary for the Director to consider in evaluating your request for remission. Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty -assessment document. Pursuant to N.C.G.S. § 143B-282.1(c), remission of a civil penalty may be granted only when one or more of the following five factors applies. Please check each factor that you believe applies to your case and provide a detailed explanation, including copies of supporting documents, as to why the factor applies (attach additional pages as needed). (a) one or more of the civil penalty assessment factors in N.C.G.S. 143B-282.1(b) were wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil penalty assessment document); (b) the violator promptly abated continuing environmental damage resulting from the violation (i.e., explain the steps that you took to correct the violation and prevent future occurrences); (c) the violation was inadvertent or a result of an accident (i.e., explain why the violation was unavoidable or something you could not prevent or prepare for); (d) the violator had not been assessed civil penalties for any previous violations; (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions (i.e., explain how payment of the civil penalty will prevent you from performing the activities necessary to achieve compliance). EXPLANATION: STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES COUNTY OF BUNCOMBE IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND STIPULATION OF FACTS BUNCOMBE COUNTY SCHOOLS / ) LEICESTER ELEMENTARY WWTP 1 PERMIT NO. NCO066796 ) FILE NO. LV-2012-0199 Having been assessed civil penalties totaling $587.00 for violation(s) as set forth in the assessment document of the Division of Water Quality dated November 5, 2012, the undersigned, desiring to seek remission of the civil penalty, does hereby waive the right to an administrative hearing in the above -stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the director of the Division of Water Quality within thirty (30) days of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after (30) days from the receipt of the notice of assessment. This the day of SIGNATURE ADDRESS TELEPHONE 20 ATTACHMENT.A Buncombe County.Schools CASE NUMBER: LV-2012-0199 PERMIT: NCO066796 FACILITY: Leicester Elementary School COUNTY: Buncombe REGION: Asheville Limit Violations MONITORING OUTFALL/ VIOLATION UNIT OF CALCULATED % OVER PENALTY REPORT PPI LOCATION PARAMETER DATE FREQUENCY MEASURE LIMIT VALUE LIMIT VIOLATION TYPE $100.00 6-2012 001 Effluent BOD - Conc 06/18/12 2 X month mg/I 45 108 140.00 Daily Maximum Exceeded $100.00 6-2012 001 Effluent BOD - Conc 06/28/12 2 X month mg/I 45 81.6 81.33 Daily Maximum Exceeded $250.00 6-2012 001 Effluent BOD - Conc 06/30/12 2 X month mg/I 30 63.2 110.67 Monthly Average Exceeded EFFLUENT NPDES NO: NCO066796 DISCHARGE NO: 001 MONTH: .Tulle YEAR: 2012 FACILITY NAME: Buncombe County Schools -Leicester Elem CLASS: II COUNTY: Buncombe OPERATOR IN RESPONSIBLE CHARGE (ORC): Robert Barr GRADE: III Phone: 828-251-1900 CERTIFIED LABORATORIES (1): Pace Analytical (2) CHECK BOX IF ORC HAS CHANGED: �X PERSON(S) COLLECTING SAMPLES: Robert Barr MAIL ORIGINAL AND ONE COP ., : "_' p I ATTN: CENTRAL FILE ` Division of Water Quality DENR JUL 31 012 X 1 l 1617 Mall Service Center (SIGNATURE OF OPERATOR IN RESPONSIBLE CHAROW dti DATff ,Raleigh, NC 27699-1617 `` N BY THIS SIGNATURE, I CERTIFY THAT THIS REPORT IS, _: ry , iy i&O"OG6ELC �� �� ` ACCURATE AND COMPLETE TO THE BEST OF°M1 50050 00010 00400 50060 00310F611 00530 31616 00300 00600 00665• 32730 00720 01042 01082 I-LUVVciI- � v w CL 4 O(�93) VNW To cm O m o £ O w' N� C E w o V 4)BELOW p d o y m 0 Z `.4 9O O L ° G 1tKrAKPMt1tKL;UUk: ABOVE NAME AND UNITS EFF X INF E m cYi 3 0 a 0 ► S $ a 0 C O 4f N.. � n O fn a 0 c` =' = z V >, d o G O 4) a. M cc V m as V V z N HRS HRS Y/B/N MGD °C S.U. UGL MG/L MG/L MG/L #100ML MG/L MG/L MG/L MG/L UG/L MG/L MG/L 1 '0900 O't25; x Y= k 2 •" 34 4 745 0.75 Y 20.0 " �c 5_,.=-131.5 Qs75 Y; 0;001 206,20 „ _ 6 1510 0.58 B S'"" _,. 8 1215 0.50 B s/ V .. x "c t,I 10 \ 11 800_ Os25 . Y 12 710 0.17 Y 0.001 20.7 6.2 < 10.0 13 ' 1450 Os42 B' `' - G 14 1450 .0.42 B- .;, - 16 } \ 17 18 1200 0.50 Y 0.001 21.7 7.2 10.0 108. < 0.1 . < 5.0 < 1 is =1045 _025 Y; - - '` - 4_:.10 0 20 1015 0.60 B- 211030 =0s50 B L 22 1125 0.42 B 24 zs r1225 0 17. Y'' _ No Fiow _ ; - 26 1335 0.42 Y No Flow ?� 1045 ::=0:50 B , ;Np Flow - _ - 28 1145 0.50 Y 0.0001 21.1 7.3 < 10.0 81.6 29,1045 0;33 . g=1. . NoFlow . 30 31100 AVERAGE: 0.001 21.0 12.9 63.9 0.1 3.8 1 MAXIMUM _r 0001 =; 21.7 3 20 0 . 108 0. 40 1 i5 0 - MINIMUM: 0.000 20.6 6.0 10.0 2.0 1 0.1 1 2.5 1 Comp (C) or Grab (G) ;,'G G G G Monthly Limit 0.0057 >6 <9 28 30145 18135 s 1 30145 200/400 1 (Revised 12/93) (� - io �y n/o V-- zoiz -�. ✓ a �o �-- i� �Y �,V- �o/z D/ 9 Facility Status: (Please check one of the following) All monitoring data and sampling frequencies meet permit requirements Compliant All monitoring data and sampling frequencies do NOT meet permit requirements 0 Noncompliant If the facility is noncompliant, please comment on corrective actions being taken in respect to equipment, operation, maintenance, etc., and a time table for improvements to be made. "I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations." Buncombe County Schools P mi ,e (P ase print or type) 7 ( �L Signature of Permittee** ate 175 Bingham Road Asheville, NC 28806 828-232-4244 12/31/2015 Permittee Address Phone Number Permit Exp. Date 00010 Temperature 00076 Turbidity 00080 Color (Pt -Co) 00082 Color (ADM]) 00095 Conductivity 00300 Dissolved Oxygen 00310 BOD5 00340 COD 00400 pH 00530 Total Susppendec Residue 00545 Settleable Matter 00556 Oil & Grease 00600 Total Nitrogen 00610 Ammonia Nitrogen 00625 Total Keldhal Nitrogen 00630 Nitrates/Nitrites 00665 Total Phosphorous 00720 Cyanide 00745 Total Sulfide 00927 Total Magnesium 00929 Total Sodium 00940 Total Chloride PARAMETER CODES 00951 Total Flouride 01002 Total Arsenic 01027 Cadium 01032 Hexavalent Chromiur 01034 Chromium 01037 Total Cobalt 01042 Copper 01045 Iron 01051 Lead 01067 Nickel 01077 Silver 01092 Zinc 01105 Aluminum 01147 Total Selenium 31616 Fecal Coliform 32730 Total Phenolics 34235 Benzene 34481 Toluene 38260 MBAS 39516 PCBs 50050 Flow 50060 Total Residual Chlorine 71880 Formaldehyde 71900 Mercury 81551 Xylene Parameter Code assistance may obtained by calling the Water Quality Compliance Group at (919) 733-5083, extension 581 or 534. The monthly average for fecal coliform is to be reported as a GEOMETRIC mean. Use only units designated in the reporting facility's permit for reporting data. *ORC must visit facility and document visitation of facility as required per 15A NCAC 8A.0202 (b) (5) (B). **If signed by other than the permittee, delegation of signatory authority must be on file with the state per 15A NCAC 2B.0506 (b) (2) (D). Permit Enforcement History Details by Owner Owner: Buncombe County Schools Facility: Leicester Elementary School Permit: NCO066796 Region: Asheville County: Buncombe 11/02/12 1 Penalty Remission Enf EMC EMC OAH Collection Has Assessment Penalty Enforcemen Request Enf Conf Remission Hearing Remission Remission Memo Sent Balance Pmt Case Case Number MR Approved Amount t Costs Damages Received Held Amount Held Amount Amount to AGO Total Paid Due Plan Closed LV-2001-0408 10/15/01 $250 $73.39 $323.39 $.00 No 01/23/02 LV-2012-0044 9-2011 09/01/11 $350 $137.00 Total Cases: 2 Total Penalty Amount: $600 Total Enforcement Cost: $210.39 Sum of Total Paid: $810.39 Total Balance Due: $.00 $487.00 $.00 No 04/18/12 Sum of Total Case Penalties: $810.39 Total Penalties after remission(s): $810.39 Limit Violations Monitoring Violations r Reporting Violati� Other Violations Permit: NCO066796 Details.. SOC: (- 1 AD; a t«il.= ., Monitoring -Report". 06-2012 Details.... Facility: Leicester Elementary School Details... Region: sheville County: Buncombe Owner: Buncombe County Schools Maintain... Incident: Details.. Inspect. Dt: Detail Is, j Facility Reported As: 0 Compliant k*- Non -Compliant 0 Not Reported ® Is signed Report Type: DMR /00 00 �� Add llemJJe initiate NOD, Initiate NOV... ir3it�at? En`orc�rn�rr... initiate Demand-.. save C lR'ecalculate L r�1 R .. Help 3 Limit Violations found. Ready Eini,h I Cancel SID: VLLP "Outfal *Location *Parameter *Dale Manual *Descri tion SOC Limit *Calcul.. Unit °ii� Over Action 001 Effluent BOD, 5-Day (2... 06I18I2012 ❑ Daily Maximum ... ❑ 45 108 ... mgll 140 ... _ Proceed to N01� 001 Effluent BOD, 5-Day (2... 06I282012 C( Daily Maximum ... ❑ 45 81.6 ... mgll 81.333... Proceed to NOV 001 Effluent BOD, 5-Day (2... 06I30/2012 ❑ hlonthlyAverage... ❑ 30 63.2 ... mgll 110.66... Proceed to NOV NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P.E. Governor Director CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. R. Belvin Hall Buncombe County Schools Leicester Elementary School 175 Bingham Road Asheville, North Carolina 28806 Dear Mr. Hall: October 5, 2012 7010 1870 0003 0974 9568 Subject: Notice of Violation and Recommendation for Enforcement Tracking #: NOV-2012-LV-0502 Leicester Elementary School WWTP NPDES Permit No. NCO066796 Buncombe County FU V 'y Dee Freeman Secretary A review of the June 2012 self -monitoring report for the subject facility revealed violations of the following parameter: Date Outfall Parameter Reported Value Permit Limit 06/18/2012 001 BOD 108 mg/ 1 45 mg/ 1 06/28/2012 001 BOD 81.6 mg/ 1 45 mg/ 1 06/30/2012 001 BOD 63.2mg/ 1 30 mg/ 1 A Notice of Violation/ Notice of Recommendation for Enforcement (NOV/ NRE) is being issued for the noted violation of North Carolina General Statute (G.S.) 143-215.1 and NPDES Permit No. NC0066796. Pursuant to G.S. 143-215.6A, a civil penalty of not more than twenty-five thousand dollars ($25,000.00) may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of any permit issued pursuant to G.S. 143-215.1. If you wish to provide additional information regarding the noted violation, request technical assistance, or discuss overall compliance please respond in writing within ten (10) days after receipt of this Notice. A review of your response will be considered along with any information provided on the June 2012 Discharge Monitoring Report. You will then be notified of any civil penalties that may be assessed regarding the violations. If no response is received in this Office within the 10-day period, a civil penalty assessment may be prepared. SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE Location: 2090 U.S. Highway 70, Swannanoa. North Carolina 28778 Phone: 828-296-4500\ Fax: 828-299-7043 Internet: http:l/portal.ncdenr.orq/web/wq An Equal Opportunity 1 Affirmative Action Employer — i0% Recycled%10% Post Consumer paper NorthCarolina Mr. R. Belvin Hall October 5, 2012 Page Two Remedial actions, if not already implemented, should be taken to correct any problems. The Division of Water Quality may pursue enforcement actions for this and any additional violations. If the violations are of a continuing nature, not related to operation and/or maintenance problems, and you anticipate remedial construction activities, then you may wish to consider applying for a Special Order by Consent. You may contact this Office for additional information. If you have questions concerning this matter, please do not hesitate to contact Janet Cantwell or me at 828/296-4500. Sincerely, , Chuck Cranford, Regional Supervisor Surface Water Protection Section Asheville Regional Office DWQ Central Files DWQ Point Source Branch S:':S11-'P':}3uncombt,4'a�tewater;l-tirn}rstL.eiccter�(emeniar� 6(i?9b`.\Ot�-N}i6-'_0(?-LV-O�U2.duc a - -�+� T NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P.E. Governor Director CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. R. Belvin Hall Buncombe County Schools Leicester Elementary School 175 Bingham Road Asheville, North Carolina 28806 Subj ect Dear Mr. Hall: October 5, 2012 Notice of Violation and Recommendation for Enforcement Tracking #: NOV-2012-LV-0502 Leicester Elementary School WWTP NPDES Permit No. NCO066796 Buncombe County Dee Freeman Secretary A review of the June 2012 self -monitoring report for the subject facility revealed violations of the following parameter: Date Outfall Parameter Reported Value Permit Limit 06/18/2012 001 BOD 108 mg/ 1 45 mg/ 1 06/28/2012 001 BOD 81.6 mg/ 1 45 mg/ 1 06/30/2012 001 BOD 63.2mg/ 1 30 mg/ 1 A Notice of Violation/ Notice of Recommendation for Enforcement (NOV/ NRE) is being issued for the noted violation of North Carolina General Statute (G.S.) 143-215.1 and NPDES Permit No. NC0066796. Pursuant to G.S. 143-215.6A, a civil penalty of not more than twenty-five thousand dollars ($25,000.00) may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of any permit issued pursuant to G.S. 143-215.1. If you wish to provide additional information regarding the noted violation, request technical assistance, or discuss overall compliance please respond in writing within ten (10) days after receipt of this Notice. A review of your response will be considered along with any information provided on the June 2012 Discharge Monitoring Report. You will then be notified of any civil penalties that may be assessed regarding the violations. If no response is received in this Office within the 10-day period, a civil penalty assessment may be prepared. SURFACE WATER PRO"rEC"PION S.ECTION—ASHEVILLEREGIONALOFFICE Location: 2090 U.S. Highway 70, Swannanoa, North Carolina 28778 Phone: 828-296-4500\ Fax: 828-299-7043 Internet: hfp://portal.ncdenr.orglweb/wq NorthCarolina Natutalh/ An Equal Opportunity \ Affirmative Action Employer -- 50% Recycled/10% Post Consumer paper Mr. R. Belvin Hall October 5, 2012 Page Two Remedial actions, if not already implemented, should be taken to correct any problems. The Division of Water Quality may pursue enforcement actions for this and any additional violations. If the violations are of a continuing nature, not related to operation and/or maintenance problems, and you anticipate remedial construction activities, then you may wish to consider applying for a Special Order by Consent. You may contact this Office for additional information. If you have questions concerning this matter, please do not hesitate to contact Janet Cantwell or me at 828/296-4500. Sincerely, Chuck Cranford, Regional Supervisor Surface Water Protection Section Asheville Regional Office cc: DWQ Asheville Files DWQ Central Files DWQ Point Source Branch S:\SWP\Buncombe\Wastewater9d inorsTeicester Elementary 66796\N(7V-NRE 2012-LV-0502.doe DIVISION OF WATER QUALITY - CIVIL PENALTY ASSESSMENT (FILE) Violator: Buncombe County Schools / Leicester Elementary / NCO066796 1Scl11.111 •r_III1 UNI[t) (Rc: NOV 2012-LV-00)7) County: Buncombe Case Number: LV-2012-0044 ASSESSMENT FACTORS As required by G.S. 143-214.6A(c), in determining the amount of the penalty I considered the factors set out in G.S. 143B-282.1(b), which are: 1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation; All effluent violations may be detrimental to the receiving stream but may not be immediately quantified. 2) The duration and gravity of the violation; One Daily Max TSS exceeded the permit limit by 242.22 %. One Monthly Average TSS exceeded the permit limit by 106.66 %. 3) The effect on ground or surface water quantity or quality or on air quality; All effluent violations may be detrimental to the receiving stream but may not be immediately quantified. 4) The cost of rectifying the damage; The cost is unknown. 5) The amount of money saved by noncompliance; The amount of money saved would include the cost of more time spent keeping the chlorine and dechlor basins clean and proper solids management. 6) Whether the violation was committed willfully or intentionally; It does not appear to be either. 7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and There have been no civil penalty assessments in the twelve months prior to this violation. 8) The cost to the State of the enforcement procedures. $137.00. Date 03;1612012 Chuck Cranford, Regional Supervisor Surface Water Protection Section Asheville Regional Office 9 NC®ENR North Carolina Department of Environment and Natural Resources Division of Water duality Beverly Eaves Perdue Charles Wakild, P.E. Governor Director March 19, 2012 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. R. Belvin Hall, Assistant Director, Maintenance Buncombe County Schools 175 Bingham Road Asheville, North Carolina 28806 Dee Freeman Secretary SUBJECT: Notice of Violation and Assessment of Civil Penalty for Violations of North Carolina General Statute (G.S.) 143-215. 1 (a)(6) and NPDES Permit NCO066796 Buncombe County Schools Leicester Elementary School WWTP Case No. LV-2012-0044 Buncombe County Dear Mr. Hall: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $487.00 ($350.00 civil penalty + $137.00 enforcement costs) against Buncombe County Schools. This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report (DMR) submitted by Buncombe County Schools for the month of September 2011. This review has shown the subject facility to be in violation of the discharge limitations and/or monitoring requirements found in NPDES Permit NC0066796. The violations which occurred in September 2011 are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that Buncombe County Schools violated the terms, conditions or requirements of NPDES Permit NCO066796 and G.S. 143-215. I (a)(6) in the manner and extent shown in Attachment A. In accordance with the maximums established by G.S. 143-215.6A(a)(2), a civil penalty may be assessed against any person who violates the terns, conditions or requirements of a permit required by G.S. 143-215. 1 (a). Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Quality, I, Chuck Cranford, Division of Water Quality Regional Supervisor for the Asheville Region, hereby make the following civil penalty assessment against Buncombe County Schools: SURFACE WATER PROTECTION —ASHEVILLE REGIONAL OFFICE Location: 2090 U.S. Highway 70, Swannanoa, NC 28778 Phone: (828) 296-45004FAX: 828 2997043 Internet: w mcwateraualitv.org NhCarolina Natrrrra!!il I of the I violations of G.S. 143-215. 1 (a)(6) and NPDES Permit No 100.00 NC0066796, by discharging waste water into the waters of the State in violation of the Permit Daily Maximum limit for TSS - Conc. I of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No. $250.00 NC0066796, by discharging waste water into the waters of the State in violation of the Permit Monthly Average limit for TSS - Conc. $350.00 TOTAL CIVIL PENALTY 137.00 Enforcement Costs $487.00 TOTAL AMOUNT DUE Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 14313- 282.1(b), which are: (1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation; (2) The duration and gravity of the violation; (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; (6) Whether the violation was committed willfully or intentionally; (7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and (8) The cost to the State of the enforcement procedures. Within thirty days of receipt of this notice, you must do one of the following: 1. Submit payment of the penalty: Payment should be made directly to the order of the Department of Environment and Natural Resources (do not include waiver form). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). Please submit payment to the attention of Point Source Compliance/Enforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 OR 2. Submit a written request for remission or mitigation including a detailed justification for such request: Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Because a remission request forecloses the option of an administrative hearing, such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation and agreement that no factual or legal issues are in dispute. Please prepare a detailed statement that establishes why you believe the civil penalty should be remitted, and submit it to the Division of Water Quality at the address listed below. In determining whether a remission request will be approved, the following factors shall be considered: (1) whether one or more of the civil penalty assessment factors in NCGS 14313-282.1(b) was wrongfully applied to the detriment of the petitioner; (2) whether the violator promptly abated continuing environmental damage resulting from the violation; (3) whether the violation was inadvertent or a result of an accident; (4) whether the violator had been assessed civil penalties for any previous violations; or (5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Please note that all evidence presented in support of your request for remission must be submitted in writing. The Director of the Division of the Division of Water Quality will review your evidence and inform you of his decision in the matter of your remission request. The response will provide details regarding the case status, directions for payment, and provision for further appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty Remissions (Committee). Please be advised that the Committee cannot consider information that was not part of the original remission request considered by the Director. Therefore, it is very important that you prepare a complete and thorough statement in support of your request for remission. In order to request remission, you must complete and submit the enclosed "Request for Remission of Civil Penalties, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form within thirty (30) days of receipt of this notice. The Division of Water Quality also requests that you complete and submit the enclosed "Justification for Remission Request." Both forms should be submitted to the following address: Point Source Compliance/Enforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 FFV OR 3. File a petition for an administrative hearing with the Office of Administrative Hearings: If you wish to contest any statement in the attached assessment document you must file a petition for an administrative hearing. You may obtain the petition form from the Office of Administrative Hearings. You must file the petition with the Office of Administrative Hearings within thirty (30) days of receipt of this notice. A petition is considered filed when it is received in the Office of Administrative Hearings during normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for official state holidays. The original and one (1) copy of the petition must be filed with the Office of Administrative Hearings. The petition may be faxed - provided the original and one copy of the document is received in the Office of Administrative Hearings within five (5) business days following the faxed transmission. The mailing address for the Office of Administrative Hearings Office of Administrative Hearings 6714 Mail Service Center Raleigh, North Carolina 27699-6714 Telephone (919) 733-2698 Facsimile: (919) 733-3478 and Mail or hand -deliver a copy of the petition to Mary Penny Thompson, General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh, North Carolina 27699-1601 Please indicate the case number (as found on page one of this letter) on the petition. Failure to exercise one of the options above within thirty (30) days of receipt of this letter, as evidenced by an internal date/time received stamp (not a postmark), will result in this matter being referred to the Attorney General's Office for collection of the penalty through a civil action. Please be advised that additional penalties may be assessed for violations that occur after the review period of this assessment. If you have any questions, please contact Janet Cantwell of the Water Quality staff of the Asheville Regional Office at 828-296-4500. Sincerely, Chuck Cranford, Regional Supervisor Surface Water Protection Section Asheville Regional Office ATTACHMENTS cc: DWQ Asheville Files w/ attachments DWQ Central Files w/ attachments Bob Guerra/ Point Source w/ attachments RPB Systems Inc. / ORC w/ attachments S:�S\\'PUi:nmwutxri S: seic�sater�V irors\Leicrs;er Ele .tw, G(7v6�.LV-201 -tiLL7 ;.Jx JUSTIFICATION FOR REMISSION REQUEST DWQ Case Number: LV-2012-0044 County: Buncombe Assessed Party: Buncombe County Schools / Leicester Elementary Permit No.: NCO066796 Amount Assessed: $487.00 Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form to request remission of this civil penalty. You should attach any documents that you believe support your request and are necessary for the Director to consider in evaluating your request for remission. Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 143B-282.1(c), remission of a civil penalty may be granted only when one or more of the following five factors applies. Please check each factor that you believe applies to your case and provide a detailed explanation, including copies of supporting documents, as to why the factor applies (attach additional pages as needed). (a) one or more of the civil penalty assessment factors in N.C.G.S. 14313-282.1(b) were wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil penalty assessment document); (b) the violator promptly abated continuing environmental damage resulting from the violation (i.e., explain the steps that you took to correct the violation and prevent future occurrences); _ (c) the violation was inadvertent or a result of an accident (i.e., explain why the violation was unavoidable or something you could not prevent or prepare for); (d) the violator had not been assessed civil penalties for any previous violations; _ (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions (i.e., explain how payment of the civil penalty will prevent you f om performing the activities necessary to achieve compliance). EXPLANATION: STATE OF NORTH CAROLINA COUNTY OF BUNCOMBE IN THE MATTER OF ASSESSMENT OF CIVIL PENALTIES AGAINST BUNCOMBE COUNTY SCHOOLS / LEICESTER ELEMENTARY PERMIT NO. NCO066796 DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES WAIVER OF RIGHT TO AN ADMINSTRATIVE HEARING AND STIPULATION OF FACTS FILE NO. LV-2012-0044 Having been assessed civil penalties totaling $487.00 for violation(s) as set forth in the assessment document of the Division of Water Quality dated March 19, 2012, the undersigned, desiring to seek remission of the civil penalty, does hereby waive the right to an administrative hearing in the above -stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the director of the Division of Water Quality within thirty (30) days of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after (30) days from the receipt of the notice of assessment. This the day of SIGNATURE ADDRESS TELEPHONE 20 ATTACHMENT A Buncombe County Schools CASE NUMBER: LV-2012-0044 PERMIT: NCO066796 FACILITY: Leicester Elementary School COUNTY: Buncombe REGION: Asheville Limit Violations MONITORING OUTFALU VIOLATION UNIT OF CALCULATED % OVER PENALTY REPORT PPI LOCATION PARAMETER DATE FREQUENCY MEASURE _ LIMIT VALUE LIMIT VIOLATION TYPE $100.00 9-2011 001 Effluent TSS - Conc 09/07/11 2 X month mg/l 45 154 242.22 Daily Maximum Exceeded $250.00 9-2011 001 Effluent TSS - Conc 09/30/11 2 X month mg/I 30 62 106.67 Monthly Average Exceeded NPDES NO: N00066796 FACILITY NAME: Buncombe OoU OPERATOR IN RESPONSIBLE CHARGE (ORC ,.< CERTIFIED LABORATORIES (1): CHECK BOX IF ORC HAS CHANGED: S MAIL ORIGINAL AND ONE COPY TO: ATTN: CENTRAL FILE Division of Water Quality DENR 1617 Mail Service Center Raleigh, NC 27699-1617 'Al. 001 MONTH: September YEAR: 2011 ;Best Im '� LASS: II COUNTY: Buncombe it DE: II Phone: 828-251-1900 hn t' 1 PERSON(%C.OLL ct�l G AMPIS: Richard Swilling OPERATOR IN RI=SPON'SIBLE CHAR r Y t,l ):, f DATE BY THIS SIGNATURE, I QETfFi �HATTHIS REPORT IS 9€ ACCURATE AID �E)t�IPLETE TO THE BEST OF MY KNOWLEDGE, M 50050 00010 00400 50060 00310 00610 00530 31616 00300 00600 OD665 32730 OD720 01042 01082 EFF X V o E 0.t = U° w o O ° 4) a) ZHN 0 ao a d c V u w E C v cc LL 4) 0) In c co .+ L cO pe ABOVE NAME AND UNITS BELOW INF UJI F O O P O aa r c4) 4) cd° vvJ ao z Va¢ N HRS HRS Y/B/N MGD °C S.U. UGL MG/L MG/L MG/L #100ML MG/L MG/L MG/L MG/L UG/L MG/L MG/L 1 1030 0.25 B 2 800 0.25 B 3 4 5 H 6 1200 0.50 B 7 935 0.58 Y 0.002 22.5 6.0 45.0 7.5 0.4 154.01 1 8 1240 0.33 Y 28.0 9 1645 0.41 Y 10 11 12 920 0.50 Y 13 935 0.58 Y 0.002 21.8 6.0 26.0 _ 14 1315 0.50 Y 35.0 F/ 15 1215 0.41 Y 16 1620 0.41 Y E 17 18 19 1310 0.58 Y MET ua 20 915 0.50 1 Y 0.002 19.5 6.7 22.0 28.0 2.6 23.3 < 2 21 955 0.50 Y 22 1625 0.33 Y 17.0 23 955 0.58 Y 24 25 26 955 0.66 Y 27 915 0.50 Y 0.002 20.9 6.1 43.0 28 1345 0.58 Y 31.0 8.7 29 930 0.50 Y 30 1555 0.41 Y 31 AVERAGE: 0.002 21.2 30.9 17.8 1.5 62.0 1 MAXIMUM: 0.002 22.5 6.7 45.0 28.0 2.6 154.0 2 MINIMUM: 0.002 19.5 6.0 17.0 7.5 0.4 8.7 1 Comp. (C) or Grab (G) G G G G G G G G G C C G G C C Monthly Limit 0.0057 >6 <9 28 30145 18135 s 30145 200/400 MR-1 (Revised 12/93) v �/oI/-A0/2 v- 9-7- z f i Facility Status: (Please check one of the following) All monitoring data and sampling frequencies meet permit requirements Compliant All monitoring data and sampling frequencies do NOT meet permit requirements Noncompliant If the facility is noncompliant, please comment on corrective actions being taken in respect to equipment, operation, maintenance, etc., and a time table for improvements to be made. All QC requirements were not met for BOD on 9/7111 "I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations." Buncombe County Schools P' ee le rint or type) (()& 1,1 Signature of Permittee** D to 175 Bingham Road Asheville, NC 28806 828-2324244 12/31/2015 Permittee Address Phone Number Permit Exp. Date PARAMETER CODES 00010 Temperature 00556 Oil & Grease 00951 Total Flouride 01067 Nickel 50060 Total 00076 Turbidity .. 00500 Total Nitrogen 01002 Total Arsenic 01077 Silver Residual 00080,Color (Pt -Co) 00610 Ammonia Nitrogen 01092 Zinc Chlorine 00082 Color (ADMI) 00625 Total Kjeldhal 01027 Cadium 01105 Aluminum Nitrogen 00095 Conductivity 00630 Nitrates/Nitrites 01032 Hexavalent Chromiur 01147 Total Selenium 71880 Formaldehyde 00300 Dissolved Oxygen 01034 Chromium 31616 Fecal Coliform 71900 Mercury 00310 BODS .... 00665 Total Phosphorous 32730 Total Phenolics 81551 Xylene 00340 COD 00720 Cyanide 01037 Total Cobalt 34235 Benzene 00400 pH • 00745 Total Sulfide 01042 Copper 34481 Toluene 00530 Total Susppendec 00927 Total Magnesium 38260 MBAS Residue . 00929 Total Sodium 01045 Iron 39516 PCBs 00545 Settleable Matter 00940 Total Chloride 01051 Lead 50050 Flow Parameter Code assistance may obtained by calling the Water Quality Compliance Group at (919) 733-5083, extension 581 or 534. The monthly average for fecal coliform is to be reported as a GEOMETRIC mean. Use only units designated in the reporting facility's permit for reporting data. *ORC must visit facility and document visitation of facility as required per 15A NCAC 8A.0202 (b) (5) (B). **If signed by other than the permittee, delegation of signatory authority must be on file with the state per 15A NCAC 213.0506 (b) (2) (D). FFV Permit Enforcement History Details by Owner 03/15/12 1 Owner: Buncombe County Schools Facility: Leicester Elementary School Permit: NCO066796 Region: Asheville County: Buncombe Penalty Remission Enf EMC EMC OAH Collection Has Assessment Penalty Enforcemen Request Enf Conf Remission Hearing Remission Remission Memo Sent Balance Pmt Case Case Number MR Approved Amount t Costs Damages Received Held Amount Held Amount Amount to AGO Total Paid Due Plan Closed LV-2001-0408 10/15/01 $250 $73.39 $323.39 $.00 No 01/23/02 Total Cases: 1 Total Penalty Amount: $250 Total Enforcement Cost: $73.39 Sum of Total Paid: $323.39 Total Balance Due: $.00 Sum of Total Case Penalties: $323.39 Total Penalties after remission(s): $323.39 mitUiolation81 Monitoring Violations Reporting Violations Other Violations Permit NC0066796 • —Details. I� ��� ��) SOC. AD: Dr to I ,... Monitoring Report: 09-2011 Detalls... Facility. iLeii cesterElementarySchool Detalls.. Region: sheville County: Buncombe Owner. Bul ncombe County Schools - _Maintain... Incident: �L[, i .1:,.. Inspect. Dt: � I ii,;= , Facility Reported As. ; @) Compliant + Non -Compliant U Not Reported Is signed Report Type: DMR `Outfal *Location *Parameter . *Date Manual *Description SOC Limit *CaicuLl Unit % Over Action 001 Effluent Chlorine, Tota...0 9107/2011 Dairy Maximum... 0 28 45 ugll 60.714...No Action, BPJ B 001 Effluent Chlorine, Tota...0 911412011 Daily Maximum... © 28 35 ugll 25 No Action, BPJ B 001 Effluent Chlorine, Tota...0 912712011 ( Daily Maximum... [j 28 43 ug11 53.571...No Action, BPJ 13 001 001— Einuent_ Effluent Chlorine, Tota... Solids, Total 09l28l2011 0910712011 _(_]_ (_j Daily Maximum ,Daily Maximum (- j f) 28 45 31 154 ... ugll -----10, mgll 14 10.714... 242.22 .. — No Action, BPJ B - - - - - Proceed to NOV - — 001 Effluent — Solids, Total ... — --- 09l30J2011 --- E — monthly Average... [1 30 - - 162 --- _ mg/1 1106.66... Proceed to NOV Add v �41A• NC®NR North Carolina Department of Environment and Natural Resources Division of Water Quality verly Eaves Perdue Charles Wakild, P.E. Governor Director CERTIFIED MAIL 7010 1870 0003 0874 7700 RETURN RECEIPT REQUESTED Mr. R. Belvin Hall, Assistant Director, Maintenance Buncombe County Schools Leicester Elementary School 175 Bingham Road Asheville, North Carolina 28806 Subj ect: Dear Mr. Hall: February 3, 2012 Notice of Violation and Recommendation for Enforcement Tracking #: NOV-2012-LV-0097 Leicester Elementary School WWTP NPDES Permit No. NCO066796 Buncombe County Dee Freeman Secretary A review of the September 2011 self -monitoring report for the subject facility revealed violations of the following parameter: Date Outfall Parameter Reported Value Permit Limit 09/30/11 001 TSS 62 mg/ L 30 mg/ L 09/07/11 001 TSS 154 mg/ L 45 mg/ L A Notice of Violation/ Notice of Recommendation for Enforcement (NOV/ NRE) is being issued for the noted violation of North Carolina General Statute (G.S.) 143-215.1 and NPDES Permit No.NC0066796. Pursuant to G.S. 143-215.6A, a civil penalty of not more than twenty-five thousand dollars ($25,000.00) may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of any permit issued pursuant to G.S. 143-215.1. If you wish to provide additional information regarding the noted violation, request technical assistance, or discuss overall compliance please respond in writing within ten (10) days after receipt of this Notice. A review of your response will be considered along with any information provided on the September 2011 Discharge Monitoring Report. You will then be notified of any civil penalties that may be assessed regarding the violations. If no response is received in this Office within the 10-day period, a civil penalty assessment may be prepared. SURFACE WATER PROTECTION SECTION —ASHEVILLE REGIONAL OFFICE Location: 2090 U.S. Highway 70. Swannanoa, North Carolina 28778 Phone: 828-296-4500\ Far 828-299-7043 Internet: http://portal.ncdenr.org/web/wa NorthCarolina An Equal opportunity \. Affirmative Action Employer — 50% Recycled/ 10% Post Consumer paper Mr. R. Belvin Hall February 3, 2012 Page Two Remedial actions, if not already implemented, should be taken to correct any problems. The Divisiol Water Quality may'pursue enforcement actions for this and any additional violations. If the violations are of continuing nature, not related to operation and/or maintenance problems, and you anticipate remedial construction activities, then you may wish to consider applying for a Special Order by Consent. You may contact this Office for additional information. If you have questions concerning this matter, please do not hesitate to contact Janet Cantwell or me at 828/296-4500. Sincerely, Chuck Cranford, Regional Supervisor Surface Water Protection Section Asheville Regional Office cc: DWQ Asheville Files DWQ Central Files Bob Guerra/ Point Source Branch S: ySWP\Buncombe\Wastewatcry�linorstLcicester Elementary 66796`;tiOV-NRL-'-2012-L.V-0097.doc ■ Complete items 1, 2, and 3. Also complete A. Signature item 4 if Restricted Delivery is desired. Agent ■ Print your name and address on the reverse X ❑ AddresseE so that we can return the card to ou y B. Received by (Printed Name) �_Attach_this.rarti_to_the_hack_nf th�mail❑iPCA-_ _ _ oI h Carolina Department of t!/ ICJ �s di#fe .//� Environ ent and Natural Resources Ivery a Division of Water Quality ��D�N� �5urface Water ProtectionS�ectionl % 1 2090 U.S. Highway 70, Swannanoa, NC ir28778' OC i Mr. Belvin Hall, Assistant Director Buncombe County Schools Leicester Elementary School- r175 Bingham Road Asheville NC 28806 _ n flTQ. , e ruary Domestic Return Receipt 102595-02-M-154C 0 `'012 , C. Date of Deliver} mi? IE3Ys ❑ No D 3. S rvtce Typ /C , Certified a' pie6'Mail Registered Return Receipt for Merchandise ❑ Insured Mall C.O.D. C\ 4. Restricted Delivery? (Extra Fee) ❑ tE Rw'I 7010 1870 _0003 0874 9568 NOV- 2Z/2-L.V. 66Z)2, 1. PS Form 3811 F b 2004 Se'"O- a Mr. Belvin Hall, Assistant Director Buncombe County Schools ` Leicester Elementary School --------•--�-- -- - 176 Bingham Road Asheville NC 28806 ��� UNITED STATES POSTAL. SERVICE • Sender: Please print your name, ass Mail st Fees -Paid �perl0 irlAls bo% Certified Mail Provides: ■ A mailing receipt ■ A unique identifier for your mailpiece in A record of delivery kept by the Postal Service for two years 2 Important Reminders: s' ■ Certified Mail may ONLY be combined with First -Class Mail® or Priority Mail, ■ Certified Mail is not available for any class of international mail. ■ NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. Fo valuables, please consider Insured or Registered Mail. ■ For an additional fee, a Return Receipt may be requested to provide proof o delivery. To obtain Return Receipt service, please complete and attach a Returr Receipt (PS Form 3811) to the article and add applicable postage to cover thr fee. Endorse mailpiece "Return Receipt Requested". To receive a fee waiver foi a duplicate return receipt, a USPS® postmark on your Certified Mail receipt is required. ■ For an additional fee, delivery may be restricted to the addressee o addressee's authorized agent. Advise the clerk or mark the mailpiece with tht endorsement "Restricted Delivery". t ■ If a postmark on the Certified Mail receipt is desired, please present,the arti cle at the post office for postmarking. If a postmark on the Certitied Mai receipt is not needed, detach and affix label with postage and mail. IMPORTANT: Save this receipt and present it when making an inquiry. PS Form 3800, August 2006 (Reverse) PSN 7530-02-000-9047 RECE'I+%- I PAT MC'CRORY Division of Water Resources ` l I DEC 1 5 2015 DONALD R. VAN DER VAART 'A 1 Water- Resoilrc4,S!.. Water Ouallty Regional Operations G IVIRONMCNTAL QUAt 11T'.Y:LAshevillee ;icnal R ."ifii'.i; Der�ember -1°"2015 Mr. R. Belvin Hall Buncombe County Schools 175 Bingham Rd Asheville, NC 28806 Dear Mr. Hall: S. JAY ZIMMERMAN Subject: Issuance of NPDES Permit NCO066796 Leicester Elementary School WWTP Buncombe County Class WW-2 r® Division personnel have reviewed and approved your application for renewal of the subject permit. Accordingly, we are forwarding the attached NPDES discharge permit. This permit is issued pursuant to the requirements of North Carolina General Statute 143-215.1 and the Memorandum of Agreement between North Carolina and the U.S. Environmental Protection Agency dated October 15, 2007 (or as subsequently amended). This final permit includes no major changes from the draft permit sent to you on September 23, 2015. If any parts, measurement frequencies or sampling requirements contained in this permit are unacceptable to you, you have the right to an adjudicatory hearing upon written request within thirty (30) days following receipt of this letter. This request must be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings (6714 Mail Service Center, Raleigh, North Carolina 27699-6714). Unless such demand is made, this decision shall be final and binding. Please note that this permit is not transferable except after notice to the Division. The Division may require modification or revocation and reissuance of the permit. This permit does not affect the legal requirements to obtain any other Federal, State, or Local governmental permit that may be required. If you have any questions concerning this permit, please contact Charles Weaver at telephone number (919) 807- 6391. cc: Central Iles e;evalleional a i NPDES Unit �u� cereuy) S. Jay Zimmerman, Director Division of Water Resources State of North Carolina I Environmental Quality I Water Resources 1617 Mail Service Center I Raleigh, NC 27699-1617 919 807 6300 919-807-6389 FAX http://portal.ncdenr.org/web/wq Permit NCO066796 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF WATER RESOURCES PERMIT TO DISCHARGE WASTEWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provisions of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, the Buncombe County Schools are hereby authorized to discharge wastewater from a facility located at the Leicester Elementary School WWTP 31 Gilbert Road Leicester Buncombe County to receiving waters designated as Sluder Branch in subbasin 04-03-02 of 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 January 1, 2016. _ _ This permit and. authorization to discharge shall expire at midnight on December-31; 2020. - - - - Signed this day December 1, 2015 y Zimmerman, Director Division of Water Resources By Authority of the Environmental Management Commission Page 1 of 6 Permit NCO066796 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 thisnumber is no longer effective. Therefore, the exclusive authority to operate and discharge from this facility arises under the permit conditions, requirements, terms, and provisions included herein. The Buncombe County Schools are hereby authorized to: I. Continue to operate an existing 0.0057 MGD wastewater treatment facility with the following components: ♦ 10,000-gallon septic tank ♦ 3,000-gallon dosing tank with dual siphons ♦ Surface sand filter ♦ Chlorination and dechlorination equipment ♦ Chlorine contact chamber This facility is located at the Leicester Elementary School WWTP (31 Gilbert Road, west of Leicester) in Buncombe County. 2. Discharge from said treatment works at the location. specified on the attached map into Sluder Branch, currently classified C waters in sub -basin 04-03-02 in the French Broad River Basin. Page 2 of 6 Permit NCO066796 Part I A. (1) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS [15A NCAC 02B.0400 et seq., 15A NCAC 02B.0500 et seq.] During the period beginning on the effective date of this permit and lasting until Permittee is authorized to discharge from outfall 001. Such discharges shall be limited expiration, the by the Permittee as specified below: and monitored' PARAME` -ER LINIITS 1ViONITORING REQJ1[RE1VIElefTS: 1VIonthly ` Daily' `Measurement Parameter Code. Avea age, 1lIaximum, Sample Sam ae P Flow 9 Tie Location, 50050 0.0057 MGD Weekly Instantaneous Influent or BOD, 5-day (20°C) Effluent 00310 30.0 mg/L 45.0 mg/L 2/Month Grab Effluent Total Suspended Solids 00530 30.0 mg/L 45.0 mg/L 2/Month Grab Effluent NH3 as N (April 1— October 31) 00610 18.0 mg/L 35.0 mg/L. 2/Month Grab Effluent NH3 as N (November 1 — March 31) 00610 Monthly Grab Effluent Fecal Coliform (geometric mean) 31616 200/100 ml 400/100 ml 2/Month Grab Effluent Total Residual Chlorine (TRC)2 50060 28 pg/L 2/Week Grab Effluent Temperature (°C) 00010 Weekly Grab Effluent pH 00400 > 6.0 and < 9.0 standard units 2/Month — — Grab Effluent Footnotes: L No later than 270 days from the effective date of this permit, the permittee shall begin submitting discharge monitoring reports electronically using the Division's eDMR system [see A. (2)]. 2. The Division shall consider all effluent TRC values reported < 50 .µg/L -to-.be. in compliance with- the permit. - Rowever, the Permittee shall continue to record and submit all values reported by a North Carolina certified laboratory (including field certified), even if these values fall below 50 µg/L. THERE SHALL BE NO DISCHARGE OF FLOATING SOLIDS OR VISIBLE FOAM IN OTHER THAN TRACE AMOUNTS. A. (2) ELECTRONIC REPORTING OF DISCHARGE MONITORING REPORTS [NCGS 143-215.1 (b)] Proposed federal regulations require electronic submittal of all discharge monitoring reports (DMRs) and specify that, if a state does not establish a system to receive such submittals, then permittees must submit DMRs Page 3 of 6 Permit NCO066796 electronically to the Environmental Protection Agency (EPA). The Division anticipates that these regulations will be adopted and is beginning implementation. NOTE: This special condition supplements or supersedes the following sections within Part' II of this permit (Standard Conditions for NPDES Permits): • Section B. (11.) • Section D. (2.) • Section D. (6.) • Section E. (5.) Signatory Requirements Reporting Records Retention Monitoring Reports 1. RenortinL, [Supersedes Section D (2) and Section E. (5) (a)� Beginning no later than 270 days from the effective date of this permit, the permittee shall begin reporting discharge monitoring data electronically using the NC DWR's Electronic Discharge Monitoring Report (eDMR) internet application. Monitoring results obtained during the previous month(s) shall be summarized for each month and submitted electronically using eDMR. The eDMR system allows permitted facilities to enter monitoring data and submit DMRs electronically using the internet. Until such time that the state's eDMR application is compliant with EPA's Cross -Media Electronic Reporting Regulation (CROMERR), permittees will be required to submit all discharge monitoring data to the state electronically using eDMR and will be required to complete the eDMR submission by printing, signing, and submitting one signed original and a copy of the computer -printed eDMR to the following address: NC DEQ / Division of Water Resources / Information Processing Unit ATTENTION: Central Files / eDMR 1617 Mail Service Center Raleigh, NC 27699-1617 If a permittee is unable to use the eDMR system due to a demonstrated hardship or due to the facility being physically located in an area where less than 10 percent of the households have broadband access, then a temporary waiver from the NPDES electronic reporting requirements may be granted and discharge monitoring data may be submitted on paper DMR forms (MR 1, L 1, 2, 3) or alternative forms approved by the Director. Duplicate signed copies shall be submitted to the mailing address above. Requests for temporary waivers from the NPDES electronic reporting requirements must be submitted in writing to the Division for written approval at least sixty (60) days prior to the date the facility would be required under this permit to begin using eDMR. Temporary waivers shall be valid for twelve (12) months and shall thereupon expire. _At such time; DMRs shall -be -submitted electronically to the Division unless the - - - permittee re -applies for and is granted a new temporary waiver by the Division. Information on eDMR and application for a temporary waiver from the NPDES electronic reporting requirements is found on the following web page: http://portal.iicdenr.org/web/wq/admill/bog/ipu/edaw Regardless of the submission method, the first DMR is due on the last day of the month following the issuance of the permit or in the case of a new facility, on the last day of the month following the commencement of discharge. Page 4 of 6 Permit NC0066796 2. All eDMRs submitted to the permit issuing authority shall be signed by a person described in Part lI, Section B. (11.)(a) or by a duly authorized representative of that person as described in part II, Section B. (11.)(b). A Person, and not a position, must be delegated signatory authority for eDMR reporting purposes. For eDMR submissions, the person signing and submitting the DMR must obtain an eDMR user account and login credentials to access the eDMR system. For more information on North Carolina's eDMR system, .user account, please visit the following web page: registering for eDMR and obtaining an eDMR httU://portal.ncdenr ors/web/wci/admiii/boa/inu/edmr Certification. Any person submitting an electronic DMR using the state's eDMR system shall make the following certification [40 CFR 122.221. NO OTHER STATEMENTS OF CERTIFICATION WILL BE ACCEPTED: V certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who. manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significantpenalties for submitting false information, including the possibility of fines and imprisonment for knowing violations. " 3. Records Retention [SUDpleI tents Section I) (6.)] The permittee shall retain records of all Discharge Monitoring Reports, including eDMR submissions. These records or copies shall be maintained for a period of at least 3 years from the date of the report. This period may be extended by request of the Director at any time [40 CFR 122.41]. Page 5 of 6 •�',__j o ., \\ : ��� �� � ie� -rj� irk �..^ ••» ",�'•; DISCHARGE POINT - CIOma�.v,'ie'/ �✓'� 4 �-o-_� \� `', �r /,�1j�r\. � >l>1,�`l`'-��'i�(�' r \ __��_� ��i\� 1 f1 }\ r' �y-,r �\J � 1+ r l/:,..II � •' \,� r-,j>� �ij /,-_f� �jrr�i�t l�V�7t�� NCO066796 e Fairview Elementary School County: Buncombe Stream Class: C Latitude: 350 39' 24" USGS Quad: Leicester, NC Longitude: 820 42' 25" Receiving Stream: Slunder Branch HUC #: 06010105 Sub -Basin: 04-03-02 ,r) ••\� 11iii -•/jr vp I� r r, Facility Location x (not to scale) vo) & Buncombe County NPDES Permit Standard Conditions Page 1 of 18 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. These samples shall be representative of the wastewater discharged during the sample period. 3/Week Samples are collected three times per week on three separate calendar days. These samples shall be representative of the wastewater discharged during the sample period. Act or "the Act" The Federal Water Pollution Control Act, also known as the Clean Water Act (CWA), as amended, 33 USC 1251, et. seq. Annual Average The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar year. In the case of fecal coliform, the geometric mean of such discharges. Arithmetic Mean The summation of the individual values divided by the number of individual values. Bypass The known diversion of waste streams from any portion of a treatment facility including the collection system, which is not a designed or established or operating mode for the facility. Calendar Day The period from midnight of one day until midnight of the next day. However, for purposes of this permit, any consecutive 24-hour period that reasonably represents the calendar day may be used for sampling. Calendar Week The period from Sunday through the following Saturday. Calendar Quarter One of the following distinct periods: January through March, April through June, July through September, and October through December. Composite Sample A sample collected over a 24-hour period by continuous sampling or combining grab samples of at least 100 mL in such a manner as to result in a total sample representative of the wastewater discharge during the sample period. The Director may designate the most appropriate method (specific number and size of aliquots necessary, the time interval between grab samples, etc.) on a case -by -case basis. Samples may be collected manually or automatically. Composite samples may be obtained by the following methods: (1) Continuous: a single, continuous sample collected over a 24-hour period proportional to the rate of flow. (2) Constant time/variable volume: a series of grab samples collected at equal time intervals over a 24 hour period of discharge and combined proportional to the rate of flow measured at the time of individual sample collection, or (3) Variable time/constant volume: a series of grab samples of equal volume collected over a 24 hour period with the time intervals between samples determined by a preset number of gallons passing the sampling point. Flow measurement between sample intervals shall be determined by use of a flow recorder and totalizer, and the preset gallon interval between sample collection fixed at no greater than 1/24 of the expected total daily flow at the treatment system, or Version 1110912011.1 NPDES Permit Standard Conditions Page 2 of 18 (4) Constant time/constant volume: a series of grab samples of equal volume collected over a 24-hour period at a constant time interval. Use of this method requires prior approval by the Director. This method may only be used in situations where effluent flow rates vary less than 15 percent. The following restrictions also apply: ➢ Influent and effluent grab samples shall be of equal size and of no less than 100 milliliters ➢ Influent samples shall not be collected more than once per hour. ➢ Permittees with wastewater treatment systems whose detention time < 24 hours shall collect effluent grab samples at intervals of no greater than 20 minutes apart during any 24-hour period. ➢ Permittees with wastewater treatment systems whose detention time exceeds 24 hours shall collect effluent grab samples at least every six hours; there must be a minimum of four samples during a 24-hour sampling period. Continuous flow measurement Flow monitoring that occurs without interruption throughout the operating hours of the facility. Flow shall be monitored continually except for the infrequent times when there may be no flow or for infrequent maintenance activities on the flow device. Daily Discharge The discharge of a pollutant measured during a calendar day or any 24-hour period that reasonably represents the calendar day for purposes of sampling. For pollutants measured in units of mass, the "daily discharge" is calculated as the total mass of the pollutant discharged over the day. For pollutants expressed in other units of measurement, the "daily discharge" is calculated as the average measurement of the pollutant over the day. (40 CFR 122.2; see also "Composite Sample," above.) Daily Maximum The highest "daily discharge" during the calendar month. Daily Sampling Parameters requiring daily sampling shall be sampled 5 out of every 7 days per week unless otherwise specified in the permit. Sampling shall be conducted on weekdays except where holidays or other disruptions of normal operations prevent weekday sampling. If sampling is required for all seven days of the week for any permit parameter(s), that requirement will be so noted on the Effluent Limitations and Monitoring Page(s). DWR or "the Division" The Division of Water Resources, Department of Environment and Natural Resources. Effluent Wastewater discharged following all treatment processes from a water pollution control facility or other point source whether treated or untreated. EMC The North Carolina Environmental Management Commission EPA The United States Environmental Protection Agency Facilily Closure Cessation of all activities that require coverage under this NPDES permit. Completion of facility closure will allow this permit to be rescinded. Geometric Mean The Nth root of the product of the individual values where N = the number of individual values. For purposes of calculating the geometric mean, values of "0" (or "< [detection level]") shall be considered = 1. Grab Sample Individual samples of at least 100 mL collected over a period of time not exceeding 15 minutes. Grab samples can be collected manually. Grab samples must be representative of the discharge (or the receiving stream, for instream samples). Version 1110912011.1 NPDES Permit Standard Conditions Page 3 of 18 Hazardous Substance Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the CWA. Instantaneous flow measurement The flow measured during the minimum time required for the flow measuring device or method to produce a result in that instance. To the extent practical, instantaneous flow measurements coincide with the collection of any grab samples required for the same sampling period so that together the samples and flow are representative of the discharge during that sampling period. Monthly Average (concentration limit) The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar month. In the case of fecal coliform or other bacterial parameters or indicators, the geometric mean of such discharges. Permit Issuing Authority The Director of the Division of Water Resources. Quarterly Average (concentration limit) The arithmetic mean of all samples taken over a calendar quarter. Severe property damage Substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage excludes economic loss caused by delays in production. Toxic Pollutant: Any pollutant listed as toxic under Section 307(a)(1) of the CWA. Upset An incident beyond the reasonable control of the Pennittee causing unintentional and temporary noncompliance with permit effluent limitations and/or monitoring requirements. An upset does not include noncompliance caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation. Weekly Average (concentration limit) The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar week. In the case of fecal coliform or other bacterial parameters or indicators, the geometric mean of such discharges. Section B. General Conditions 1. Duty to ComMly_ The Permittee must comply with all conditions of this permit. Any permit noncompliance constitutes a violation of the CWA and is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or denial of a permit renewal application [40 CFR 122.41]. a. The Permittee shall comply with effluent standards or prohibitions established under section 307(a) of the CWA for toxic pollutants and with standards for sewage sludge use or disposal established under section 405(d) of the CWA within the time provided in the regulations that establish these standards or prohibitions or standards for sewage sludge use or disposal, even if the permit has not yet been modified to incorporate the requirement. b. The CWA provides that any person who violates section[s] 301, 302, 306, 307, 308, 318 or 405 of the Act, or any permit condition or limitation implementing any such sections in a permit issued under section 402, or any requirement imposed in a pretreatment program approved under sections 402(a)(3) or 402(b)(8) of the Act, is subject to a civil penalty not to exceed $37,500 per day for each violation. [33 USC 1319(d) and 40 CFR 122.41(a)(2)] c. The CWA provides that any person who negligently violates sections 301, 302, 306, 307, 308, 318, or 405 of the Act, or any condition or limitation implementing any of such sections in a permit issued under section 402 of the Act, or any requirement imposed in a pretreatment program approved under section 402(a)(3) or 402(b)(8) of the Act, is subject to criminal penalties of $2,500 to $25,000 per day of violation, or Version 1110912011.1 NPDES Permit Standard Conditions Page 4 of 18 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. [33 USC 1319(c)(1) and 40 CFR 122.41(a)(2)] d. Any person who knowingly violates such sections, or such conditions or limitations is subject to criminal penalties of $5,000 to $50,000 per day of violation, or imprisonment for not more than 3 years, or both. In the case of a second or subsequent conviction for a knowing violation, a person shall be subject to criminal penalties of not more than $100,000 per day of violation, or imprisonment of not more than 6 years, or both. [33 USC 1319(c)(2) and 40 CFR 122.41(a)(2)] e. Any person who knowingly violates section 301, 302, 303, 306, 307, 308, 318 or 405 of the Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of the Act, and who knows at that time that he thereby places another person in imminent danger of death or serious bodily injury, shall, upon conviction, be subject to a fine of not more than $250,000 or imprisonment of not more than 15 years, or both. In the case of a second or subsequent conviction for a knowing endangerment violation, a person shall be subject to a fine of not more than $500,000 or by imprisonment of not more than 30 years, or both. An organization, as defined in section 309(c)(3)(B)(iii) of the CWA, shall, upon conviction of violating the imminent danger provision, be subject to a fine of not more than $1,000,000 and can be fined up to $2,000,000 for second or subsequent convictions. [40 CFR 122.41(a)(2)] f. Under state law, a civil penalty of not more than $25,000 per violation may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of a permit. [North Carolina General Statutes § 143-215.6A] g. Any person may be assessed an administrative penalty by the Administrator for violating section 301, 302, 306, 307, 308, 318 or 405 of this Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of this Act. Administrative penalties for Class I violations are not to exceed $16,000 per violation, with the maximum amount of any Class I penalty assessed not to exceed $37,500. Penalties for Class II violations are not to exceed $16,000 per day for each day during which the violation continues, with the maximum amount of any Class H penalty not to exceed $177,500. [33 USC 1319(g)(2) and 40 CFR 122.41(a)(3)] 2. Duty to Mitigate The Permittee shall take all reasonable steps to minimize or prevent any discharge or sludge use or disposal in violation of this permit with a reasonable likelihood of adversely affecting human health or the enviromnent [40 CFR 122.41(d)]. 3. Civil and Criminal Liability Except as provided in permit conditions on 'Bypassing" (Part H.C.4), "Upsets" (Part II.C.5) and "Power Failures" (Part II.C.7), nothing in this permit shall be construed to relieve the Permittee from any responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3, 143-215.6 or Section 309 of the Federal Act, 33 USC 1319. Furthermore, the Permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 4. Oil and Hazardous Substance Liability Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the Permittee from any responsibilities, liabilities, or penalties to which the Permittee is or may be subject to under NCGS 143- 215.75 et seq. or Section 311 of the Federal Act, 33 USG 1321. Furthermore, the Permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 5. Property Rights The issuance of this permit does not convey any property rights in either real or personal property, or any exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor any infringement of Federal, State or local laws or regulations [40 CFR 122.41(g)]. 6. Onshore or Offshore Construction This permit does not authorize or approve the construction of any onshore or offshore physical structures or facilities or the undertaking of any work in any navigable waters. Version 1110912011.1 NPDES Permit Standard Conditions Page 5 of 18 7. Severability The provisions of this permit are severable. If any provision of this permit, or the application of any provision of this permit to any circumstances, is held invalid, the application of such provision to other circumstances, and the remainder of this permit, shall not be affected thereby [NCGS 15013-23]. 8. Duty to Provide Information The Permittee shall furnish to the Permit Issuing Authority, within a reasonable time, any information which the Permit Issuing Authority may request to determine whether cause exists for modifying, revoking and reissuing, or terminating this permit or to determine compliance with this permit. The Permittee shall also furnish to the Permit Issuing Authority upon request, copies of records required by this permit [40 CFR 122.41(h)]. 9. Duty to Reapply If the Permittee wishes to continue an activity regulated by this permit after the expiration date of this permit, the Permittee must apply for and obtain a new permit [40 CFR 122.41(b)]. 10. Expiration of Permit The Permittee is not authorized to discharge after the expiration date. In order to receive automatic authorization to discharge beyond the expiration date, the Permittee shall submit such information, forms, and fees as are required by the agency authorized to issue permits no later than 180 days prior to the expiration date unless permission for a later date has been granted by the Director. (The Director shall not grant permission for applications to be submitted later than the expiration date of the existing permit.) [40 CFR 122.21(d)] Any Permittee that has not requested renewal at least 180 days prior to expiration, or any Permittee that does not have a permit after the expiration and has not requested renewal at least 180 days prior to expiration, will subject the Permittee to enforcement procedures as provided in NCGS 143-215.6 and 33 USC 1251 et. seq. 11. Si ng atory Requirements All applications, reports, or information submitted to the Permit Issuing Authority shall be signed and certified [40 CFR 122.41(k)]. a. All permit applications shall be signed as follows: (1) For a corporation: by a responsible corporate officer. For the purpose of this Section, a responsible corporate officer means: (a) a president, secretary, treasurer or vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision making functions for the corporation, or (b) the manager of one or more manufacturing, production, or operating facilities, provided, the manager is authorized to make management decisions which govern the operation of the regulated facility including having the explicit or implicit duty of making major capital investment recommendations, and initiating and directing other comprehensive measures to assure long term environmental compliance with environmental laws and regulations; the manager can ensure that the necessary systems are established or actions taken to gather complete and accurate information for permit application requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures. (2) For a partnership or sole proprietorship: by a general partner or the proprietor, respectively; or (3) For a municipality, State, Federal, or other public agency: by either a principal executive officer or ranking elected official [40 CFR 122.22]. b. All reports required by the permit and other information requested by the Permit Issuing Authority shall be signed by a person described in paragraph a. above or by a duly authorized representative of that person. A person is a duly authorized representative only if: (1) The authorization is made in writing by a person described above; (2) The authorization specified either an individual or a position having responsibility for the overall operation of the regulated facility or activity, such as the position of plant manager, operator of a well or well field, superintendent, a position of equivalent responsibility, or an individual or position having overall responsibility for environmental matters for the company. (A duly authorized representative may thus be either a named individual or any individual occupying a named position.); and (3) The written authorization is submitted to the Permit Issuing Authority [40 CFR 122.22] Version 1110912011.1 NPDES Permit Standard Conditions Page 6 of 18 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]. NO OTHER STATEMENTS OF CERTIFICATION WILL BE ACCEPTED: 7 certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person orpersons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility offines and imprisonment for knowing violations. " 12. Permit Actions This permit may be modified, revoked and reissued, or terminated for cause. The filing of a request by the Permittee for a permit modification, revocation and reissuance, or termination, or a notification of planned changes or anticipated noncompliance does not stay any permit condition [40 CFR 122.41(f)]. 13. Permit Modification, Revocation and Reissuance, or Termination The issuance of this permit does not prohibit the permit issuing authority from reopening and modifying the permit, revoking and reissuing the permit, or terminating the permit as allowed by the laws, rules, and regulations contained in Title 40, Code of Federal Regulations, Parts 122 and 123; Title 15A of the North Carolina Administrative Code, Subchapter 02H .0100; and North Carolina General Statute 143.215.1 et. al. 14. Annual Administering and Compliance Monitoring Fee Requirements The Permittee must pay the annual administering and compliance monitoring fee within thirty days after being billed by the Division. Failure to pay the fee in a timely manner in accordance with 15A NCAC 02H .0105(b)(2) may cause this Division to initiate action to revoke the permit. Section C. Operation and Maintenance of Pollution Controls 1. Certified Operator Owners of classified water pollution control systems must designate operators, certified by the Water Pollution Control System Operators Certification Commission (WPCSOCC), of the appropriate type and grade for the system, and, for each classification must [T15A NCAC 08G .0201]: a. designate one Operator In Responsible Charge (ORC) who possesses a valid certificate of the type and grade at least equivalent to the type and grade of the system; b. designate one or more Back-up Operator(s) in Responsible Charge (Back-up ORCs) who possesses a valid certificate of the type of the system and no more than one grade less than the grade of the system, with the exception of no backup operator in responsible charge is required for systems whose minimum visitation requirements are twice per year; and c. submit a signed completed "Water Pollution Control System Operator Designation Form" to the Commission (or to the local health department for owners of subsurface systems) countersigned by the designated certified operators, designating the Operator in Responsible Charge (ORC) and the Back-up Operator in Responsible Charge (Back-up ORC): (1) 60 calendar days prior to wastewater or residuals being introduced into a new system; or (2) within 120 calendar days following: ➢ receiving notification of a change in the classification of the system requiring the designation of a new Operator in Responsible Charge (ORC) and Back-up Operator in Responsible Charge (Back-up ORC) of the proper type and grade; or ➢ a vacancy in the position of Operator in Responsible Charge (ORC) or Back-up Operator in Responsible Charge (Back-up ORC). Version 1110912011.1 NPDES Pen -nit Standard Conditions Page 7of18 (3) within seven calendar days of vacancies in both ORC and Back-up ORC positions replacing or designating at least one of the responsibilities. The ORC of each Class I facility (or the Back-up ORC, when acting as surrogate for the ORC) must: ➢ Visit the facility as often as is necessary to insure proper operation of the treatment system; the treatment facility must be visited at least weekly ➢ Comply with all other conditions of 15A NCAC 08G .0204. The ORC of each Class II, III and IV facility (or the Back-up ORC, when acting as surrogate for the ORC) must: ➢ Visit the facility as often as is necessary to insure proper operation of the treatment system; the treatment facility must be visited at least five days per week, excluding holidays ➢ Properly manage and document daily operation and maintenance of the facility ➢ Comply with all other conditions of 15A NCAC 08G .0204. 2. Proper Operation and Maintenance The Permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the Permittee to achieve compliance with the conditions of this permit. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures. This provision requires the Permittee to install and operate backup or auxiliary facilities only when necessary to achieve compliance with the conditions of the permit [40 CFR 122.41(e)]. NOTE: Properly and officially designated operators are fully responsible for all proper operation and maintenance of the facility, and all documentation required thereof, whether acting as a contract operator [subcontractor] or a member of the Permittee's staff. 3. Need to Halt or Reduce not a Defense It shall not be a defense for a Permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the condition of this permit [40 CFR 122.41(c)]. 4. Bypassing of Treatment Facilities a. Bypass not exceeding limitations [40 CFR 122.41(m)(2)] The Permittee may allow any bypass to occur which does not cause effluent limitations to be exceeded, but only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the provisions of Paragraphs b. and c. of this section. b. Notice [40 CFR 122.41(m)(3)] (1) Anticipated bypass. If the Pennittee knows in advance of the need for a bypass, it shall submit prior notice, if possible at least ten days before the date of the bypass; including an evaluation of the anticipated quality and effect of the bypass. (2) Unanticipated bypass. The Permittee shall submit notice of an unanticipated bypass as required in Part II.E.6. (24-hour notice). c. Prohibition of Bypass (1) Bypass from the treatment facility is prohibited and the Permit Issuing Authority may take enforcement action against a Permittee for bypass, unless: (A) Bypass was unavoidable to prevent loss of life, personal injury or severe property damage; (B) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate backup equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and (C) The Permittee submitted notices as required under Paragraph b. of this section. (2) Bypass from the collection system is prohibited and the Permit Issuing Authority may take enforcement action against a Permittee for a bypass as provided in any current or future system -wide collection system permit associated with the treatment facility. Version 1110912011.1 NPDES Permit Standard Conditions Page 8 of 18 (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. Upsets a. Effect of an upset [40 CFR 122.41(n)(2)]: An upset constitutes an affirmative defense to an action brought for noncompliance with such technology based permit effluent limitations if the requirements of paragraph b. of this condition are met. No determination made during administrative review of claims that noncompliance was caused by upset, and before an action for noncompliance, is final administrative action subject to judicial review. b. Conditions necessary for a demonstration of upset: Any Permittee who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that: (1) An upset occurred and that the Perrruttee can identify the cause(s) of the upset; (2) The Permittee facility was at the time being properly operated; and (3) The Penmittee submitted notice of the upset as required in Part II.E.6.(b) of this permit. (4) The Permittee complied with any remedial measures required under Part II.B.2. of this permit. c. Burden of proof [40 CFR 122.41(n)(4)]: The Permittee seeking to establish the occurrence of an upset has the burden of proof in any enforcement proceeding. 6. Removed Substances Solids, sludges, filter backwash, or other pollutants removed in the course of treatment or control of wastewaters shall be utilized/disposed of in accordance with NCGS 143-215.1 and in a manner such as to prevent any pollutant from such materials from entering waters of the State or navigable waters of the United States except as permitted by the Commission. The Permittee shall comply with all applicable state and Federal regulations governing the disposal of sewage sludge, including 40 CFR 503, Standards for the Use and Disposal of Sewage Sludge; 40 CFR Part 258, Criteria For Municipal Solid Waste Landfills; and 15A NCAC Subchapter 2T, Waste Not Discharged To Surface Waters. The Permittee shall notify the Permit Issuing Authority of any significant change in its sludge use or disposal practices. 7. Power Failures The Permittee is responsible for maintaining adequate safeguards (as required by 15A NCAC 02H .0124) to prevent the discharge of untreated or inadequately treated wastes during electrical power failures either by means of alternate power sources, standby generators or retention of inadequately treated effluent. Section D. Monitoring and Records Representative Sampling Samples collected and measurements taken, as required herein, shall be representative of the permitted discharge. Samples collected at a frequency less than daily shall be taken on a day and time that is representative of the discharge for the period the sample represents. All samples shall be taken at the monitoring points specified in this permit and, unless otherwise specified, before the effluent joins or is diluted by any other wastestream, body of water, or substance. Monitoring points shall not be changed without notification to and the approval of the Permit Issuing Authority [40 CFR 122.410)]. 2. Reporting Monitoring results obtained during the previous month(s) shall be summarized for each month and reported on a monthly Discharge Monitoring Report (DMR) Form (MR 1, 1. 1, 2, 3) or alternative forms approved by the Director, postmarked no later than the last calendar day of the month following the completed reporting period. The first DMR is due on the last day of the month following the issuance of the permit or in the case of a new facility, on the last day of the month following the commencement of discharge. Duplicate signed copies of these, and all other reports required herein, shall be submitted to the following address: Version 1110912011.1 NPDES Permit Standard Conditions Page 9 of 18 NC DENR / Division of Water Resources / Water Quality Permitting Section ATTENTION: Central Files 1617 Mail Service Center Raleigh, North Carolina 27699-1617 3. Flow Measurements Appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges. The devices shall be installed, calibrated and maintained to ensure that the accuracy of the measurements is consistent with the accepted capability of that type of device. Devices selected shall be capable of measuring flows with a maximum deviation of less than 10% from the true discharge rates throughout the range of expected discharge volumes. Flow measurement devices shall be accurately calibrated at a minimum of once per year and maintained to ensure that the accuracy of the measurements is consistent with the accepted capability of that type of device. The Director shall approve the flow measurement device and monitoring location prior to installation. Once -through condenser cooling water flow monitored by pump logs, or pump hour meters as specified in Part I of this permit and based on the manufacturer's pump curves shall not be subject to this requirement. 4. Test Procedures Laboratories used for sample analysis must be certified by the Division. Permittees should contact the Division's Laboratory Certification Section (919 733-3908 or http://portal.ncdenr.org/web/wq/lab/cert) for information regarding laboratory certifications. Facilities whose personnel are conducting testing of field -certified parameters only must hold the appropriate field parameter laboratory certifications. Test procedures for the analysis of pollutants shall conform to the EMC regulations (published pursuant to NCGS 143-215.63 et. seq.), the Water and Air Quality Reporting Acts, and to regulations published pursuant to Section 304(g), 33 USC 1314, of the CWA (as amended), and 40 CFR 136; or in the case of sludge use or disposal, approved under 40 CFR 136, unless otherwise specified in 40 CFR 503, unless other test procedures have been specified in this permit [40 CFR 122.41]. To meet the intent of the monitoring required by this permit, all test procedures must produce minimum detection and reporting levels that are below the permit discharge requirements and all data generated must be reported down to the minimum detection or lower reporting level of the procedure. If no approved methods are determined capable of achieving minimum detection and reporting levels below permit discharge requirements, then the most sensitive (method with the lowest possible detection and reporting level) approved method must be used. Penalties for Tampering The CWA provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any monitoring device or method required to be maintained under this permit shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. If a conviction of a person is for a violation committed after a first conviction of such person under this paragraph, punishment is a fine of not more than $20,000. per day of violation, or by imprisonment of not more than 4 years, or both [40 CFR 122.41]. 6. Records Retention Except for records of monitoring information required by this permit related to the Penn ittee'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 Perinittee shall retain records of all monitoring information, including: ➢ all calibration and maintenance records ➢ all original strip chart recordings for continuous monitoring instrumentation ➢ copies of all reports required by this permit ➢ copies of all data used to complete the application for this permit These records or copies shall be maintained for a period of at least 3 years from the date of the sample, measurement, report or application. This period may be extended by request of the Director at any time [40 CFR 122.41]. Version 1110912011.1 NPDES Permit Standard Conditions Page 10 of 18 7. Recording Results For each measurement or sample taken pursuant to the requirements of this permit, the Permittee shall record the following information [40 CFR 122.41]: a. The date, exact place, and time of sampling or measurements; b. The individual(s) who performed the sampling or measurements; c. The date(s) analyses were performed; d. The individual(s) who performed the analyses; e. The analytical techniques or methods used; and f. The results of such analyses. 8. Inspection and Entry The Permittee shall allow the Director, or an authorized representative (including an authorized contractor acting as a representative of the Director), upon the presentation of credentials and other documents as may be required by law, to; a. Enter, at reasonable times, upon the Permittee's premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of this permit; b. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this permit; c. Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this permit; and d. Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise authorized by the CWA, any substances or parameters at any location [40 CFR 122.41(i)]. Section E Reporting Requirements 1. 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); or c. The alteration or addition results in a significant change in the Permittee's sludge use or disposal practices, and such alteration, addition or change may justify the application of permit conditions that are different from or absent in the existing permit, including notification of additional use or disposal sites not reported during the permit application process or not reported pursuant to an approved land application plan. 3. Anticipated Noncompliance The Permittee shall give advance notice to the Director of any planned changes to the permitted facility or other activities that might result in noncompliance with the permit [40 CFR 122.41(1)(2)]. 4. Transfers This permit is not transferable to any person without prior written notice to and approval from the Director in accordance with 40 CFR 122.61. The Director may condition approval in accordance with NCGS 143-215.1, in particular NCGS 143-215. 1 (b)(4)b.2., and may require modification or revocation and reissuance of the permit, or a minor modification, to identify the new permittee and incorporate such other requirements as may be necessary under the CWA [40 CFR 122.41(1)(3), 122.611 or state statute. Version 1110912011.1 NPDES Permit Standard Conditions Page 11 of 18 5. Monitoring; Reports Monitoring results shall be reported at the intervals specified elsewhere in this permit [40 CFR 122.41(1)(4)]. a. Monitoring results must be reported on a Discharge Monitoring Report (DMR) (See Part II.D.2) or forms provided by the Director for reporting results of monitoring of sludge use or disposal practices. b. If the Permittee monitors any pollutant more frequently than required by this permit using test procedures approved under 40 CFR Part 136 and at a sampling location specified in this permit or other appropriate instrument governing the discharge, the results of such monitoring shall be included in the calculation and reporting of the data submitted on the DMR. 6. Twenty-four Hour Reporting a. The Permittee shall report to the Director or the appropriate Regional Office any noncompliance that potentially threatens public health or the environment. Any information shall be provided orally within 24 hours from the time the Permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the Permittee becomes aware of the circumstances. The written submission shall contain a description of the noncompliance, and its cause; the period of noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance [40 CFR 122.41(l)(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 Penmittee shall report all instances of noncompliance not reported under Part H.E.5 and 6. of this permit at the time monitoring reports are submitted. The reports shall contain the information listed in Part ILE.6. of this permit [40 CFR 122.41(l)(7)]. 8. Other Information Where the Permittee becomes aware that it failed to submit any relevant facts in a permit application, or submitted incorrect information in a permit application or in any report to the Director, it shall promptly submit such facts or information [40 CFR 122.41(1)(8)]. 9. Noncompliance Notification The Permittee shall report by telephone to either the central office or the appropriate regional office of the Division as soon as possible, but in no case more than 24 hours or on the next working day following the occurrence or first knowledge of the occurrence of any of the following: a. Any occurrence at the water pollution control facility which results in the discharge of significant amounts of wastes which are abnormal in quantity or characteristic, such as the dumping of the contents of a sludge digester; the known passage of a slug of hazardous substance through the facility; or any other unusual circumstances. b. Any process unit failure, due to known or unknown reasons, that render the facility incapable of adequate wastewater treatment such as mechanical or electrical failures of pumps, aerators, compressors, etc. c. Any failure of a pumping station, sewer line, or treatment facility resulting in a by-pass without treatment of all or any portion of the influent to such station or facility. Persons reporting such occurrences by telephone shall also file a written report within 5 days following first knowledge of the occurrence. Also see reporting requirements for municipalities in Part IV.C.2.c. of this permit. 10. Availability of Reports Except for data determined to be confidential under NCGS 143-215.3 (a)(2) or Section 308 of the Federal Act, 33 USC 1318, all reports prepared in accordance with the terms shall be available for public inspection at the offices of the Division. As required by the Act, effluent data shall not be considered confidential. Knowingly making any false statement on any such report may result in the imposition of criminal penalties as provided for in NCGS 143- 215.1(b)(2) or in Section 309 of the Federal Act. Version 1110912011.1 NPDES Pen -nit Standard Conditions Page 12 of 18 11. Penalties for Falsification of Reports The CWA provides that any person who knowingly makes any false statement, representation, or certification in any record or other document submitted or required to be maintained under this permit, including monitoring reports or reports of compliance or noncompliance shall, upon conviction, be punished by a fine of not more than $25,000 per violation, or by imprisomnent for not more than two years per violation, or by both [40 CFR 122.41]. 12. Annual Performance Reports Permittees who own or operate facilities that primarily collect or treat municipal or domestic wastewater and have an average annual flow greater than 200,000 gallons per day shall provide an annual report to the Pen -nit Issuing Authority and to the users/customers served by the Pennittee (NCGS 143-215.1C). The report shall summarize the performance of the collection or treatment system, as well as the extent to which the facility was compliant with applicable Federal or State laws, regulations and rules pertaining to water quality. The report shall be provided no later than sixty days after the end of the calendar or fiscal year, depending upon which annual period is used for evaluation. The report shall be sent to: NC DENR / Division of Water Resources / Water Quality Permitting Section ATTENTION: Central Files 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Version 1110912011.1 NPDES Permit Standard Conditions Page 13 of 18 PART III OTHER REQUIREMENTS Section A. Construction a. 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 (1) the Division has issued an Authorization to Construct (AtC) permit or (2) the Permittee is exempted from such AtC permit requirements under Item b. of this Section. b. In accordance with NCGS 143-215. 1 (a5) [SL 2011-394], no permit shall be required to enter into a contract for the construction, installation, or alteration of any treatment work or disposal system or to construct, install, or alter any treatment works or disposal system within the State when the system's or work's principle function is to conduct, treat, equalize, neutralize, stabilize, recycle, or dispose of industrial waste or sewage from an industrial facility and the discharge of the industrial waste or sewage is authorized under a permit issued for the discharge of the industrial waste or sewage into the waters of the State. Notwithstanding the above, the permit issued for the discharge may be modified if required by federal regulation. c. Issuance of an AtC will not occur until Final Plans and Specifications for the proposed construction have been submitted by the Permittee and approved by the Division. Section B. Groundwater Monitoring The Permittee shall, upon written notice from the Director, conduct groundwater monitoring as may be required to determine the compliance of this NPDES permitted facility with the current groundwater standards. Section C. Changes in Discharges of Toxic Substances The Permittee shall notify the Permit Issuing Authority as soon as it knows or has reason to believe (40 CFR 122.42): a. That any activity has occurred or will occur which would result in the discharge, on a routine or frequent basis, of any toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels"; (1) One hundred micrograms per liter (100 µg/L); (2) Two hundred micrograms per liter (200 µg/L) for acrolein and acrylonitrile; five hundred micrograms per liter (500 µg/L) for 2,4-dinitrophenol and for 2-methyl-4,6-dinitrophenol; and one milligram per liter (1 mg/L) for antimony; (3) Five times the maximum concentration value reported for that pollutant in the permit application. b. That any activity has occurred or will occur which would result in any discharge, on a non -routine or infrequent basis, of a toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels"; (1) Five hundred micrograms per liter (500 µg/L); (2) One milligram per liter (1 mg/L) for antimony; (3) Ten times the maximum concentration value reported for that pollutant in the permit application. Section D. Facility Closure Requirements The Permittee must notify the Division at least 90 days prior to the closure of any wastewater treatment system covered by this permit. The Division may require specific measures during deactivation of the system to prevent adverse impacts to waters of the State. This permit cannot be rescinded while any activities requiring this permit continue at the permitted facility. Version 1110912011.1 NPDES Permit Standard Conditions Page 14 of 18 PART IV SPECIAL CONDITIONS FOR MUNICIPAL FACILITIES Section A. Definitions In addition to the definitions in Part II of this permit, the following definitions apply to municipal facilities: Indirect Discharge or Industrial User Any non -domestic source that discharges wastewater containing pollutants into a POTW regulated under section 307(b), (c) or (d) of the CWA. [40 CFR 403.3 (i) and 0) and 15A NCAC 02H .0903(b)(11)] Interference Inhibition or disruption of the POTW treatment processes; operations; or its sludge process, use, or disposal which causes or contributes to a violation of any requirement of the Penmittee's (or any satellite POTW's if different from the Pennittee) NPDES, collection system, or non -discharge permit or prevents sewage sludge use or disposal in compliance with specified applicable State and Federal statutes, regulations, or permits. [15A NCAC 02H .0903(b)(14)] Pass Through A discharge which exits the POTW into waters of the State in quantities or concentrations which, alone or with discharges from other sources, causes a violation, including an increase in the magnitude or duration of a violation, of the Permittee's (or any satellite POTW's, if different from the Permittee) NPDES, collection system, or non -discharge permit. [15A NCAC 02H .0903(b)(23)] Publicly Owned Treatment Works (POTW) A treatment works as defined by Section 212 of the CWA, which is owned by a State or local government organization. This definition includes any devices and systems used in the storage, treatment, recycling and reclamation of municipal sewage or industrial wastes of a liquid nature. It also includes the collection system, as defined in 15A NCAC 2T .0402, only if it conveys wastewater to a POTW treatment plant. The term also means the local government organization, or municipality, as defined in section 502(4) of the CWA, which has jurisdiction over indirect discharges to and the discharges from such a treatment works. In this context, the organization may be the owner of the POTW treatment plant or the owner of the collection system into which an indirect discharger discharges. This second type of POTW may be referred to as a "satellite POTW organization." [15A NCAC 02H .0903(b)(26)] "Significant Industrial User" or "SIU" An Industrial User that discharges wastewater into a publicly owned treatment works and that [15A NCAC 02H .0903(b)(33)]: 1. Discharges an average of 25,000 gallons per day or more of process wastewater to the POTW (excluding sanitary, noncontact cooling and boiler blowdown wastewaters); or 2. Contributes process wastewater which makes up five percent or more of the NPDES or non -discharge permitted flow limit or organic capacity of the POTW treatment plant. In this context, organic capacity refers to BOD, TSS and ammonia; or 3. Is subject to categorical standards under 40 CFR Part 403.6 and 40 CFR Parts 405-471; or 4. Is designated as such by the Permittee on the basis that the Industrial User has a reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement, or the POTW's effluent limitations and conditions in its NPDES or non -discharge permit, or to limit the POTW's sludge disposal options; 5. Subject to approval under 15A NCAC 02H .0907(b), the Permittee may determine that an Industrial User meeting the criteria in paragraphs 1 or 2 of this defmition above has no reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement, the POTW's effluent limitations and conditions in its NPDES or non -discharge permit, or to limit the POTW's sludge disposal options, and thus is not a Significant Industrial User (SIU); or 6. Subject to approval under 15A NCAC 02H .0907(b), the Permittee may determine that an Industrial User meeting the criteria in paragraph 3 of this defmition above meets the requirements of 40 CFR Part 403.3(v)(2) and thus is a non -significant categorical Industrial User. Section B. Publicly Owned Treatment Works (POTWs) Version 1110912011.1 NPDES Permit Standard Conditions Page 15 of 18 All POTWs must provide adequate notice to the Director of the following [40 CFR 122.42(b)]: 1. Any new introduction of pollutants into the POTW from an indirect discharger, regardless of the means of transport, which would be subject to section 301 or 306 of CWA if it were directly discharging those pollutants; and 2. Any substantial change in the volume or character of pollutants being introduced by an indirect discharger as influent to that POTW at the time of issuance of the permit. 3. For purposes of this paragraph, adequate notice shall include information on (1) the quality and quantity of effluent introduced into the POTW, and (2) any anticipated impact that may result from the change of the quantity or quality of effluent to be discharged from the POTW. Section C. Municipal Control of Pollutants from Industrial Users. 1. Effluent limitations are listed in Part I of this permit. Other pollutants attributable to inputs from Industrial Users discharging to the POTW may be present in the Permittee's discharge. At such time as sufficient information becomes available to establish limitations for such pollutants, this permit may be revised to specify effluent limitations for any or all of such other pollutants in accordance with best practicable technology or water quality standards. 2. Prohibited Discharges a. The Permittee shall develop and enforce their Pretreatment Program to implement the prohibition against the introduction of pollutants or discharges into the waste treatment system or waste collection system which cause or contribute to Pass Through or Interference as defined in 15A NCAC 02H .0900 and 40 CFR 403. [40 CFR 403.5(a)(1)] b. The Permittee shall develop and enforce their Pretreatment Program to implement the prohibitions against the introduction of the following wastes in the waste treatment or waste collection system [40 CFR 403.5(b)]: (1) Pollutants which create a fire or explosion hazard in the POTW, including, but not limited to, wastestreams with a closed cup flashpoint of less than 140 degrees Fahrenheit or 60 degrees Centigrade using the test methods specified in 40 CFR 261.21; (2) Pollutants which cause corrosive structural damage to the POTW, but in no case discharges with pH lower than 5.0, unless the works is specifically designed to accommodate such discharges; (3) Solid or viscous pollutants in amounts which cause obstruction to the flow in the POTW resulting in Interference; (4) Any pollutant, including oxygen demanding pollutants (BOD, etc.) released in a Discharge at a flow rate and/or pollutant concentration which will cause Interference with the POTW; (5) Heat in amounts which will inhibit biological activity in the POTW resulting in Interference, but in no case heat in such quantities that the temperature at the POTW Treatment Plant exceeds 40°C (104°F) unless the Division, upon request of the POTW, approves alternate temperature limits; (6) Petroleum oil, non -biodegradable cutting oil, or products of mineral oil origin in amounts that will cause Interference or Pass Through; (7) Pollutants which result in the presence of toxic gases, vapors, or fumes within the POTW in a quantity that may cause acute worker health and safety problems; or (8) Any trucked or hauled pollutants, except at discharge points designated by the POTW. c. The Permittee shall investigate the source of all discharges into the POTW, including slug loads and other unusual discharges, which have the potential to adversely impact the Permittee's Pretreatment Program and/or the operation of the POTW. The Permittee shall report such discharges into the POTW to the Director or the appropriate Regional Office. Any information shall be provided orally within 24 hours from the time the Permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the Permittee becomes aware of the circumstances. The written submission shall contain a description of the discharge; the investigation into possible sources; the period of the discharge, including exact dates and times; if the discharge has not ceased, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance, Version 1110912011.1 NPDES Permit Standard Condition's Page 16 of 18 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 User (IU) discharging to the POTW to meet Federal Pretreatment Standards developed under Section 307(b) of the Act as amended (which includes categorical standards and specific local limits, best management practices and narrative requirements). Prior to accepting wastewater from any Significant Industrial User (SIU), the Permittee shall either develop and submit to the Division a new Pretreatment Program or, as necessary, a modification of an existing Pretreatment Program, for approval as required under section D below as well as 15A NCAC 02H .0907(a) and (b). [40 CFR 122.440)(2)] 5. This permit shall be modified, or alternatively, revoked and reissued, to incorporate or modify an approved POTW Pretreatment Program or to include a compliance schedule for the development of a POTW Pretreatment Program as required under Section 402 (b)(8) of the CWA and implementing regulations or by the requirements of the approved State pretreatment program, as appropriate. Section D. Pretreatment Programs Under authority of sections 307 (b) and (c) and 402(b)(8) of the CWA and implementing regulations 40 CFR 403, North Carolina General Statute 143-215.3(14) and implementing regulations 15A NCAC 02H .0900, and in accordance with the approved pretreatment program, all provisions and regulations contained and referenced in the pretreatment program submittal are an enforceable part of this permit. [40 CFR 122.440)(2)] The Permittee shall operate its approved pretreatment program in accordance with Section 402(b)(8) of the CWA, 40 CFR 403, 15A NCAC 02H .0900, and the legal authorities, policies, procedures, and financial provisions contained in its pretreatment program submission and Division approved modifications thereof. Such operation shall include but is not limited to the implementation of the following conditions and requirements. Terms not defined in Part II or Part IV of this permit are as defined in 15A NCAC 02H .0903 and 40 CFR 403.3. 1. Sewer Use Ordinance (SUO) The Permittee shall maintain adequate legal authority to implement its approved pretreatment program. [15A NCAC 02H .0903(b)(32), .0905 and .0906(b)(1); 40 CFR 403.8(f)(1) and 403.9(b)(1) and (2)] 2. Industrial Waste Survey (IWS) The Permittee shall implement an IWS consisting of the survey of users of the POTW collection system or treatment plant, as required by 40 CFR 403.8(f)(2)(i-iii) and 15A NCAC 02H .0905 [also 40 CFR 122.440)(1)], including identification of all Industrial Users that may have an impact on the POTW and the character and amount of pollutants contributed to the POTW by these Industrial Users and identification of those Industrial Users meeting the definition of SIU. Where the Permittee accepts wastewater from one or more satellite POTWs, the IWS for the Permittee shall address all satellite POTW services areas, unless the pretreatment program in those satellite service areas is administered by a separate Permittee with an approved Pretreatment Program. The Permittee shall submit a summary of its IWS activities to the Division at least once every five years, and as required by the Division. The IWS submission shall include a summary of any investigations conducted under paragraph C.2.c. of this Part. [15A NCAC 02H .0903(b)(13), .0905 and .0906(b)(2); 40 CFR 403.8(f)(2) and 403.9] 3. Monitoring Plan The Permittee shall implement a Division -approved Monitoring Plan for the collection of facility specific data to be used in a wastewater treatment plant Headworks Analysis (HWA) for the development of specific pretreatment local limits. Effluent data from the Plan shall be reported on the DMRs (as required by Parts ILD and II.E.5.). [15A NCAC 02H .0903(b)(16), .0906(b)(3) and .0905] 4. Headworks Analysis (HWA) and Local Limits The Permittee shall obtain Division approval of a HWA at least once every five years, and as required by the Division. Within 180 days of the effective date of this permit (or any subsequent permit modification) the Permittee shall submit to the Division a written technical evaluation of the need to revise local limits (i.e., an updated HWA or documentation of why one is not needed) [40 CFR 122.441. The Permittee shall develop, in accordance with 40 CFR 403.5(c) and 15A NCAC 02H .0909, specific Local Limits to implement the prohibitions listed in 40 CFR 403.5(a) and (b) and 15A NCAC 02H .0909. Pursuant to 40 CFR 403.5, local limits are Version 1110912011.1 .NPDES Permit Standard Conditions Page 17 of 18 enforceable Pretreatment Standards as defined by 40 CFR 403.3(l). [15A NCAC 02H .0903(b)(10), .0905, and .0906(b)(4)] 5. Industrial User Pretreatment Permits (IUP) & Allocation Tables In accordance with NCGS 143-215.1, the Permittee shall issue to all Significant Industrial Users, permits for operation of pretreatment equipment and discharge to the Permittee's collection system or treatment works. These permits shall contain limitations, sampling protocols, reporting requirements, appropriate standard and special conditions, and compliance schedules as necessary for the installation of treatment and control technologies to assure that their wastewater discharge will meet all applicable pretreatment standards and requirements. The Permittee shall maintain a current Allocation'Table (AT) which summarizes the results of the HWA and the limits from all IUPs. Permitted IUP'loadings for each parameter cannot exceed the treatment capacity of the POTW as determined by the HWA. [15A NCAC 02H .0906(b)(6), .0909, .0916, and .0917; 40 CFR 403.5, 403.8(f)(1)(iii); NCGS 143-215.67(a)] 6. Authorization to Construct (AtQ The Permittee shall ensure that an Authorization to Construct permit (AtQ isissued to, all applicable Industrial Users for the construction or modification of any pretreatment facility. Prior to the issuance of an A.tC, the proposed pretreatment facility and treatment ,process must be evaluated for its capacity to comply with all Industrial. User Pretreatment Permit QUP) limitations. [1.5A NCAC 02H .0906(b)(7) and .0905; NCGS 143- 215.1(a)(8)] 7. POTW Inspection & Monitoring of their lUs 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. [15A NCAC 02H .0908(e); 40 CFR 403.8(f)(2)(v)] The Permittee must: a. Inspect all Significant Industrial Users (SIUs) at least once per calendar year; b. Sample all Significant Industrial Users (SIUs) at least once per calendar year for all SIU permit.4imited parameters including flow except as allowed under 15A NCAC .0908(e); and c. At least once per year, document an evaluation of any non -significant categorical Industrial User for compliance with the requirements in 40 CFR 403.3(v)(2), and either continue or revoke the designation as non- significant. 8. IU Self Monitoring and Reporting The Permittee shall require all Industrial Users to comply with the applicable monitoring and reporting requirements outlined in the Division -approved pretreatment program, the industry's pretreatment permit, or in 15A NCAC 02H :0908. [15A NCAC02H .0906(b)(5) and .0905; 40 CFR 403.8(f)(1)(v)'and (2)(iii); 40 CFR 122.440)(2) and 40 CFR 403.12] 9. Enforcement Response Plan (ERP) The Permittee shall enforce and obtain appropriate remedies for violations of all pretreatment standards promulgated. pursuant to section 307(b) and (c) of the CWA (40 CFR 405 et. seq.), prohibitive discharge standards as .set forth. in 40 CFR 403.5 and 15A NCAC 02H .0909, specific local limitations, and other pretreatment requirements. All remedies, enforcement actions and other, shall be consistent with the Enforcement. Response Plan (ERP) approved by the Division. [15A NCAC 02H .0903(b)(7), .0906(b)(8) and .0905; 40 CFR 403.8(f)(5)] 10. Pretreatment Annual Reports (PAR) The Permttee shall report to the Division in accordance with 15A NCAC 02H .0908. In lieu of submitting annual reports, Modified Pretreatment Programs developed under 15A NCAC 02H .0904 (b) may be required to submit a partial annual report :or to meet with Division personnel periodically to discuss enforcement of pretreatment requirements and other pretreatment implementation issues. For all other active pretreatment programs, the Permittee shall submit two copies of a Pretreatment Annual Report (PAR) describing its pretreatment activities over the previous calendar year to the Division at the following address: Version 1110912011.1 NPDESPermit Standard Conditions Page 18 of 18 NC DENR / Division of Water Resources / Water Quality Permitting Section Pretreatment, Emergency Response, and Collection Systems (PERCS) Unit. 1611 Mail Service. Center Raleigh, North Carolina 27699-1617 These reports shall be submitted by March .1 of each year and shall contain the following: a. Narrative A narrative summary detailing actions taken, or proposed, by the Permittee, to correct significant non- compliance and to ensure. compliance with pretreatment requirements; b. Pretreatment Program Summary(PPS) A pretreatment program summary (PPS) on forms or in a format provided by the Division; c. Significant Non -Compliance Report (SNCR) A list of Industrial Users (lUs) in significant noncompliance (SNC) with pretreatment requirements, and the nature of the violations on forms or in a format provided by the Division; d. Industrial Data Summary Forms IDSF) Monitoring data from samples collected by both the POTW and the Significant Industrial Users (SIUs). These analytical results must be reported on Industrial Data Summary Forms (IDSF) or on other forms or in a format. provided by the Division; e: Other Information Copies of the POTW's allocation table, new or modified enforcement compliance schedules, public notice of lUs in SNC, a summary of data or other information related to significant noncompliance determinations for IUs that are not considered SIUs, and any other information, upon request, which in the opinion of the Director is needed to determine compliance with the pretreatment implementation requirements of this permit; 11. Public Notice The Permittee shall publish annually a list of Industrial Users (lUs) that were in significant noncompliance (SNC) as defined in the Permittee's Division -approved Sewer Use. Ordinance with applicable pretreatment requirements and standards during the previous twelve month period. This list shall be published within .four months of the applicable twelve-month period. [15A NCAC 02H .0903(b)(34), .0908(b)(5) and .0905 and 40 CFR 403.8(t)(2)(viii)] 12. Record Keeping The Permtttee shall retain for a minimum of three years records of monitoring activities and results,. along with support information including general records, water quality records, and records of industrial impact on the POTW and shall retain all other Pretreatment Program records as required by 15A NCAC 02H .0908(f). [15A NCAC 02H .0908(f) 40 CFR 403.12(o)] 13. Pretreatment Program Resources The. Permittee shall maintain adequate funding and qualified personnel to accomplish the objectives of its approved pretreatment program. and retain a written description of those current levels of inspection. [I 5A NCAC 02H .0906(b)(9) and (1.0) and .0905,; 40 CFR 403.8(f)(3), 403.9(b)(3)] 14. Modification to. Pretreatment. Programs Modifications to the approved pretreatment program including but not limited to local limits modifications, POTW monitoring of their, Significant Industrial Users (SIUs), and Monitoring Plan modifications, shall be considered a permit modification and shall be governed by 40 CFR 403.18,15 NCAC 02H .0114 and 15A NCAC 02H .0907. Version 1110912011.1 Certified Mail # 7016 1370 000165718997 Return Receipt Requested May 10, 2017 Clark Wyatt Buncombe County Schools 175 Bingham Rd Asheville, NC 28806 SUBJECT: NOTICE OF DEFICIENCY Tracking Number: NOD-2017-LV-0055 Permit No. NCO066796 Leicester Elementary School Buncombe County Dear Permittee: A review of the September 2016 Discharge Monitoring Report (DMR) for the subject facility revealed the deficiency(s) indicated below: Limit Exceedance Deficiency(s- : Sample Location Parameter . Limit Reported Date Value Value Type of Deficiency 001 Effluent BOD, 5-Day (20 Deg. C) - 9/30/2016 30 30.7 Monthly Average Exceeded Concentration (C0310) Please be aware that non-compliance with your permit could result in enforcement action by the Division of Water Resources for these and any additional violations of State law. The Asheville Regional Office encourages you to take all necessary actions to bring your facility into compliance. Please also note that for the December 2016 monitoring report, zero or "No Flow" conditions were recorded inaccurately for the week ending December 31, 2016. Please review Topic 18 of the Helpful Hints dDMR guidelines which can be found at the following link: https•//ncdenr s3 amazonaws com/s3fs-public/Surface%2OWater%2OProtection/NPDES/permits/eDMR Helpful Hin is Rev3 12-09-2016.pdf State of North Carolina I Environmental Quality I Water Resources 2090 U.S. 70 Highway, Swannanoa, NC 28778 828-296-4500 If you should need any assistance or would like to discuss this non-compliance situation, please contact Janet Cantwell of the Asheville Regional Office at 828-296-4500. Sincerely, G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDEQ WQxAsheiile �Regicinal''O ce En fdr-cerrientaFile� NPDES Compliance/Enforcement Unit - Enforcement File G:\WR\WQ\Buncombe\Wastewater\Minors\Leicester Elementary 66796\NOD-2017-LV-0055 MCDENR F_7 E] North Carolina Department of Environment and Natural Resources Pat McCrory John E. Skvarla, III Governor Secretary July 22, 2014 Mr. R. Belvin Hall, Assistant Director, Maintenance Buncombe County Schools 175 Bingham Road Asheville, North Carolina 28806 Subject: NOTICE OF VIOLATION NOV-2014-LV-0335 Permit No. NCO066796 Leicester Elementary School WWTP Buncombe County Dear Mr. Hall: A review of Leicester Elementary School's WWTP monitoring report for March 2014 showed the following violation: Parameter Date Limit !Value Reported !Value Limit Type Coliform, Fecal MF, M-FC Broth,44.5C 03/04/2014 400 #/100ml 2,420 #/100ml Daily Maximum Exceeded Remedial actions, if not already implemented, should be taken to correct any problem. Since the comments section on the reverse of the relevant DMR provided an adequate explanation for the subject violation, it is not requested that a response be submitted. The Division of Water Resources may pursue enforcement action for this and any additional violations of State law. If you should have any questions, please do not hesitate to contact Janet Cantwell or me at 828/296-4500. Sincerely, G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations, NCDENR Asheville Regional Office lrct-W.Q�A.�;sheyikle Files } MSC 1617-Central Files=Basement RPB Systems/ ORC G:bNRIt^/Q\Euncombci'v'Jsst water;AaincrsiL-icesterE:cmentary6,37tBSNOV-20iq-LV-0335.dec Water Quality Regional Operations —Asheville Regional Office 2090 U.S. Highway 70, Swannanoa, North Carolina 28778 Phone: (828) 296-4500 FAX: (828) 299-7043 Internet: http://portal.ncdenr.org/web/wq An Equal Opportunity/ Affirmative Action Employer BUNCOMBE COUNTY PUBLIC SCHOOLS MAINTENANCE DEPARTMENT 175 Bingham Rd. ASHEVILLE, NC 28806 TELEPHONE (828) 232-4244 FAX (828) 232-4249 RECEIVEDIDENR/DWR JUN 3 0 2015 June 24, 2015 Water Quality NCDENR/DWR/NPDES Unit Permitting Section C/O Wren Thedford 1617 Mail Service Center Raleigh, NC 27699-1617 RE: NPDES Permit Renewal — NCO066796/ Leicester Elementary School Per NPDES permit requirements, the following letter contains explanations of the operations of the above permit number. Request for Permit Renewal: The Buncombe County School system requests renewal for the above NPDES permit based on the educational needs of the Leicester Elementary School waste water treatment plant. Waste water treatment is essential based on the rural location of this facility. Monthly monitoring logs provided to the NPDES Unit substantiate the normal operation of this plant. This facility is a combination of on -site disposal systems including a sand filter operation. Operation Authority: RPB Systems, a licensed WWTP construction and operations firm in Asheville is under contract to perform operations on this facility by order of the BOE. Sludge Management: Sludge management of this facility is based on daily flow and treatment conditions. The ORC is in charge of determining when solids/sludge is to be removed via a pump and haul method with a licensed pump operations company. Documentation is provided in the standard operators log and monthly monitoring logs. Sludge is usually removed from the septic tanks bi-annually. Please advise if you have further questions or concerns. Respe� y, R. Bdlvin Hall `As istant Director — Maintenance Department Cc: WWTP Files RPB Systems Rl:_OL.1VLE_D Division of Water Resources JUL 1 3 2015 Water Quality Regional Operations Ashev:lie Rogionai 01-71ce NPDES APPLICATION - FORM D For privately -owned treatment systems treating 100% domestic wastewaters <1.0 MGD Mail the complete application to: N. C. DENR / Division of Water Resources / NPDES Program 1617 Mail Service Center, Raleigh, NC 27699-1617 NPDES Permit NCO066796 If you are completing this form in computer use the TAB key or the up — down arrows to move from one field to the next. To check the boxes, click your mouse on top of the box. Otherwise, please print or type. 1. Contact Information: Owner Name Buncombe County Schools Facility Name Leicester Elementary School Mailing Address 175 Bingham Road City Asheville State / Zip Code NC 128806 Telephone Number 828-232-4244 Fax Number 828-232-4249 e-mail Address Water Quality belvin.hall@bcsemail.org Permitting Se ctsn 2. Location of facility producing discharge: Check here if same address as above ❑ Street Address or State Road 31 Gilbert Road City Leicester State / Zip Code NC / 28748 County Buncombe 3. Operator Information: Name of the firm, public organization or other entity that operates the facility. (Note that this is not referring to the Operator in Responsible Charge or ORC) Name RPB Systems, Inc. Mailing Address P.O. Box 1325 City Asheville State / Zip Code NC 128802 Telephone Number 828-251-1900 Fax Number 828-251-1945 e-mail Address rbarr@rpbsystems.com 1 of 3 Form-D 9/2013 NPDES APPLICATION - FORM D For privately -owned treatment systems treating 100% domestic wastewaters <1.0 MGD 4. Description of wastewater: Domestic Sewage from School Facility Generating Wastewater(check all that apply): Industrial ❑ Commercial ❑ Residential ❑ School X Other ❑ Number of Employees Number of Employees Number of Homes Number of Students/Staff Explain: Describe the source(s) of wastewater (example: subdivision, mobile home park, shopping centers, restaurants, etc.): Elementary School Number of persons served: 6. Type of collection system X Separate (sanitary sewer only) ❑ Combined (storm sewer and sanitary sewer) 6. Outfall Information: Number of separate discharge points 1 Outfall Identification number(s) 001 Is the outfall equipped with a diffuser? ❑ Yes X No 7. Name of receiving stream(s) (NEW applicants: Provide a map showing the exact location of each outfall): Sluder Branch 8. Frequency of Discharge: X Continuous If intermittent: Days per week discharge occurs: ❑ Intermittent Duration: 9. Describe the treatment system List all installed components, including capacities, provide design removal for BOD, TSS, nitrogen and phosphorus. if the space provided is not sufficient, attach the description of the treatment system in a separate sheet of paper. Secondary package WWTP with flow equalization, extended aeration, chlorineldechlor disinfection, post aeration, flow meter, sludge holding, and standby generator. 2 of 3 Form-D 9/2013 NPDES APPLICATION - FORM D For privately -owned treatment systems treating 100% domestic wastewaters <1.0 MGD 10. Flow Information: Treatment Plant Design flow 0.0057 MGD Annual Average daily flow 0.0027 MGD (for the previous 3 years) Maximum daily flow 0.004 MGD (for the previous 3 years) 11. Is this facility located on Indian country? ❑ Yes X No 12. Effluent Data NEW APPLICANTS: Provide data for the parameters listed. Fecal Coliform, Temperature and pH shall be grab samples, for all other parameters 24-hour composite sampling shall be used. If more than one analysis is reported, report daily maximum and monthly average. If only one analysis is reported, report as daily maximum. RENEWAL APPLICANTS: Provide the highest single reading (Daily Maximum) and Monthly Average over the ast 36 months for narameters currently in your permit. Mark other arameters "N/A". Parameter Daily Maximum Monthly Average Units of Measurement Biochemical Oxygen Demand (BODS) 41.4 8.11 Mg/L Fecal Coliform 2420 2.26 /100 ml Total Suspended Solids 27.4 7.19 Mg/L Temperature (Summer) n/a n/a Temperature (Winter) n/a n/a pH 7.0 13. List all permits, construction approvals and/or applications: Type Permit Number Type Hazardous Waste (RCRA) UIC (SDWA) NPDES PSD (CAA) Non -attainment program (CAA) NCO066796 14. APPLICANT CERTIFICATION NESHAPS (CAA) Ocean Dumping (MPRSA) Dredge or fill (Section 404 or CWA) Other Permit Number 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. Belvin Hall Assistant Director Maintenance Printed name of Person Signing Title Signature of App Date 6r 42 North Carolina General Statute 143-215.6 (b)(2) states: Any person who knowingly makes any false statement representation, or certification in any application, record, report, plan, or other document files or required to be maintained under Article 21 or regulations of the Environmental Management Commission implementing that Article, or who falsifies, tampers with, or knowingly renders inaccurate any recording or monitoring device or method required to be operated or maintained under Article 21 or regulations of the Environmental Management Commission implementing that Article, shall be guilty of a misdemeanor punishable by a fine not to exceed $25,000, or by imprisonment not to exceed six months, or by both. (18 U.S.C. Section 1001 provides a punishment by a fine of not more than $25,000 or imprisonment not more than 5 years, or both, for a similar offense.) 3of3 Form-D 9/2013 A. NC®ENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor Belvin Hall, Asst. Du. of Maintenance Buncombe County Schools Leicester Elementary School 175 Bingham Road Asheville, NC 28806 Dear Permittee: Donald R. van der Vaart Secretary July 08, 2015 Subject: Acknowledgement of Permit Renewal Permit NCO066796 Buncombe County The NPDES Unit received your permit renewal application on June 30, 2015. A member of the NPDES Unit will review your application. They will contact you if additional information is required to complete your permit renewal. You should expect to receive a draft permit approximately 30-45 days before your existing permit expires. If you have any additional questions concerning renewal of the subject permit, please Maureen Kinney contact at (919) 807-6388. Sincerely, W rre w Tkzol fora, Wren Thedford Wastewater Branch cc: Central Files +Ashev� aille Regional Offi a e NPDES Unit 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 Phone: 919-807-63001 Fax: 919-807-64921Customer Service: 1-877-623-6748 Internet:: www.ncwater.orq REC,O wfED Division of Water Resources JUG 1 3 2015 Water CJuality Regional operations AsheviiiG r2r.�io alO;iice An Equal Opportunity\Affirmative Action Employer Facility information NPDES permit #: Facility name: WWTP class: WWTP type: ,a/7 NC0066788 Buncombe County Leicester Elementary School — Buncombe County Board of Education 1 0.0057 MGD septic tank — sand filter WWTP with: a 10,000 gallon septic tank; 3000 gallon dosing tank with dual siphons; surface sand filtery tablet chlorinator; chlorine contact chamber; and" -\; dechlorination unit 1 WWTP location: 31 Gilbert Road, west of Leicester '- Responsible official: R. Belvin Hall Responsible "'s title: Assistant Director, Maintenance Department Official's location: 167 Craven Street; Asheville, NC 28806 Email: belvin.hall@bcsemail.org Phone numbers 828-232-4244 828-232-4249 828-251-1900 828-251-1945 Operator Information ORC & grade: Permit information Date issued: Expiration date: Stream information Belvin Hall " - fax RPB Systems — ".Bob" P. Barr - Contract ORC " — fax PO Box 1325; Asheville, NC 28802 Ken Henson — Grade III 2-1-2006 12 31-2010 �- t - r Stream & river basin: Sluder Branch; rench Broad River Basin Sub -basin: 04-03-02 )Quad: Leicester Grid: Stream classification: C Drainage. area sq mi: Instream Waste Conc.: Average stream flow_._ Summer 7Q10 cfs:;_0.19 i -,.-Wi6ter7Q10 cfs -®:26 Other information Directions: The.facility is located adjacent to NCSR 1615, 0.1 mile north of its intersection with NC Hwy 63, near Leicester (see map on next page). MapQuest: Maps Page 1 of 1 http://www.mapquest.comlmaps/print. adp?mapdata=bLaOkxtG3xuFoUIRQttsS2wlRbisU... 3/ 12/2006 NC®ENR - North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Colleen H. Sullins Governor Director December 15, 2010 Mr. R. Belvin Hall Assistant Director — Maintenance Buncombe County Public Schools '175 Bingham Road Asheville, North Carolina 28806 Subject: NPDES PERMIT ISSUANCE Permit Number NCO066796 Leicester Elementary School Buncombe County Dear Mr. Hall: Dee Freeman Secretary Division personnel have reviewed and approved your application for renewal of the subject permit. Accordingly, we are forwarding the attached final NPDES discharge permit. This permit is issued pursuant to the requirements of North Carolina General Statute 143-215.1 and the Memorandum of Agreement between North Carolina and the U.S. Environmental Protection Agency dated October 15, 2007 (or as subsequently amended). 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 permit shall be final and binding. Please take notice that this permit is not transferable. This permit does not affect the legal requirements to obtain other permits which may be required by the Division of Water Quality or permits required by the Division of Land Resources, Coastal Area Management Act, or any other Federal or Local governmental permits which may be required. If you have any questions or need additional information, please do not hesitate to contact Maureen Scardina of my staff at (919) 807-6388. Sincerely, ��rColeen H. Sul; cc: Central Files NPDES Unit Files Asliev111e�Regional Office" 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 Phone: 919-807-6300 \ FAX: 919-807-6492 \ Customer Service:1-877-623-6748 Internet: http://portal.ncdenr.org/web/wq/home An Equal Opportunity \ Affirmative Action Employer JAN 1 8 2011 WATER QU.-`iLITY sN— b the ysryolk ASH=:vii L E�F_EGi iiAL �l fdLLw �.�--�"i .#.. hi:.r,. .�a _r.lvc�...tvsvm-'M1+dw,.L.v�. e..FW i ,.-.^✓¢• Permit NCO066796 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 provisions of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, the Buncombe County Board of Education is hereby authorized to discharge wastewater from a facility located at the Leicester Elementary School WWTP 31 Gilbert Road Leicester Buncombe County to receiving waters designated as Sluder Branch 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 January 1, 2011. This permit and authorization to discharge shall expire at midnight on December 31, 2015. Signed this day December 15, 2010. uoieen ri. bunins, liirector Division of Water Quality By Authority of the Environmental Management Commission Permit NCO066796 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. Buncombe County Board of Education is hereby authorized to: 1. Continue to operate an existing 0.0057 MGD wastewater treatment facility with the following components: ♦ 10,000-gallon septic tank ♦ 3,000-gallon dosing tank with dual siphons ♦ Surface sand filter ♦ Chlorination and dechlorination equipment ♦ Chlorine contact chamber This facility is located at the Leicester Elementary School WWTP on 31 Gilbert Road, west of Leicester in Buncombe County. 2. Discharge from said treatment works at the location specified on the attached map into Sluder Branch, currently classified C waters in sub -basin 04=03-02 in the French Broad River Basin. C V, L Jil 4 Ut if L L 3" fr Vk 'j 1V1j 0 r (L 7 Al it V iv- K k R76 . . . . . . . . . . . . . . . DISCHARGE P L POINT L�-100 V R Y,�47 Buncombe County Board of Education Facility Fairview Elementary School Location (not to County: Buncombe Stream Class: c scale) Receiving Stream: Slunder Branch Sub -Basin: 04-03-02 Latitude: 35'39'24" Grid/Quad: Leicester Longitude: 82o 42' 25" HUC #: 060 . 10105 NORTH NPDES Permit No. NCO066796 Permit NCO066796 . 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 CHARACTERISTICS LIMITS MONITORING REQUIREMENTS,-, , ,. Monthly Daily; Measurement ,Sample' Sample,. ParameterCodes Average!': Maximum Frequency,' Type " Location Flow 0.0057 MGD Weekly Instantaneous Influent or Effluent 50050 BOD, 5-day (20°C) 30.0 mg/L 45.0 mg/L 2/Month Grab Effluent 00310 Total Suspended Solids 30.0 mg/L 45.0 mg/L 2/Month Grab Effluent 00530 NH3 as N (April 1 - October 31) 18.0 mg/L 35.0 mg/L 2/Month Grab Effluent 00610 NH3 as N (November 1- March 31) Monthly Grab Effluent 00610 Fecal Colifonn (geometric mean) 200/100 ml 400/100 nil 2/1\4onth Grab Effluent 31616 Total Residual Chlorines 28.0 µg/L 2/Week Grab Effluent 50060 Temperature (°C) Weekly Grab Effluent 00010 pH Not < 6.0 nor > 9.0 2/Month Grab Effluent 00400 Standard Units Footnote: 1. The Division shall consider all effluent TRC values reported below 50 ug/1 to be in compliance with the permit. However, the Permittee shall continue to record and submit all values reported by a North Carolina certified laboratory (including field certified), even if these values fall below 50 ug/1. THERE SHALL BE NO DISCHARGE OF FLOATING SOLIDS OR VISIBLE FOAM IN OTHER THAN TRACE AMOUNTS. PDES Permit Standard Conditions Page 1 of 18 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. These samples shall be representative of the wastewater discharged during the sample period. 3/Week Samples are collected three times per week on three separate calendar days. These samples shall be representative of the wastewater discharged during the sample period. Act or "the Act" The Federal Water Pollution Control Act, also known as the Clean Water Act (CWA), as amended, 33 USC 1251, et. seq. Annual Average The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar year. In the case of fecal coliform, the geometric mean of such discharges. Arithmetic Mean The summation of the individual values divided by the number of individual values. Bypass The known diversion of waste streams from any portion of a treatment facility including the collection system, which is not a designed or established or operating mode for the facility. Calendar Day The period from midnight of one day until midnight of the next day. However, for purposes of this permit, any consecutive 24-hour period that reasonably represents the calendar day may be used for sampling. Calendar Week The period from Sunday through the following Saturday. Calendar Quarter One of the following distinct periods: January through March, April through June, July through September, and October through December. Composite Sample A sample collected over a 24-hour period by continuous sampling or combining grab samples of at least 100 ml in such a manner as to result in a total sample representative of the wastewater discharge during the sample period. The Director may designate the most appropriate method (specific number and size of aliquots necessary, the time interval between grab samples, etc.) on a case -by -case basis. Samples may be collected manually or automatically. Composite samples may be obtained by the following methods: (1) Continuous: a single, continuous sample collected over a 24-hour period proportional to the rate of flow. (2) Constant time/variable volume: a series of grab samples collected at equal time intervals over a 24 hour period of discharge and combined proportional to the rate of flow measured at the time of individual sample collection, or (3) Variable time/constant volume: a series of grab samples of equal volume collected over a 24 hour period with the time intervals between samples determined by a preset number of gallons passing the sampling point. Flow measurement between sample intervals shall be determined by use of a flow recorder and totalizer, and the preset gallon interval between sample collection fixed at no greater than 1/24 of the expected total daily flow at the treatment system, or (4) Constant time/constant volume: a series of grab samples of equal volume collected over a 24-hour period at a constant time interval. Use of this method requires prior approval by the Director. This method may Version 1012912010 PDES Permit Standard Conditions Page 2 of 18 only be used in situations where effluent flow rates vary less than 15 percent. The following restrictions also apply: ➢ Influent and effluent'grab samples shall be of equal size and of no less than 100 milliliters ➢ Influent samples shall not be collected more than once per hour. ➢ Permittees with wastewater treatment systems whose detention time < 24 hours shall collect effluent grab samples at intervals of no greater than 20 minutes apart during any 24-hour period. ➢ Permittees with wastewater treatment systems whose detention time exceeds 24 hours shall collect effluent grab samples at least every six hours; there must be a minimum of four samples during a 24- hour sampling period. Continuous flow measurement Flow monitoring that occurs without interruption throughout the operating hours of the facility. Flow shall be monitored continually except for the infrequent times when there may be no flow or for infrequent maintenance activities on the flow device. Daily Discharge The discharge of a pollutant measured during a calendar day or any 24-hour period that reasonably represents the calendar day for purposes of sampling. For pollutants measured in units of mass, the "daily discharge" is calculated as the total mass of the pollutant discharged over the day. 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" during the calendar month. Daily Sampling Parameters requiring daily sampling shall be sampled 5 out of every 7 days per week unless otherwise specified in the permit. Sampling shall be conducted on weekdays except where holidays or other disruptions of normal operations prevent weekday sampling. If sampling is required for all seven days of the week for any permit parameter(s), that requirement will be so noted on the Effluent Limitations and Monitoring Page(s). DWQ or "the Division" The Division of Water Quality, Department of Environment and Natural Resources. EMC The North Carolina Environmental Management Commission EPA The United States Environmental Protection Agency Facility Closure Cessation of all activities that require coverage under this NPDES permit. Completion of facility closure will allow this permit to be rescinded. Geometric Mean The Nth root of the product of the individual values where N = the number of individual values. For purposes of calculating the geometric mean, values of "0" (or "< [detection level]") shall be considered =1. Grab Sample Individual samples of at least 100 ml collected over a period of time not exceeding 15 minutes. Grab samples can be collected manually. Grab samples must be representative of the discharge (or the receiving stream, for instream samples). Hazardous Substance Any substance designated tinder 40 CFR Part 116 pursuant to Section 311 of the CWA. 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 1012912010 PDES Permit Standard Conditions Page 3 of 18 Monthly Average (concentration limit) The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar month. In the case of fecal coliform, the geometric mean of such discharges. Permit Issuing Authority The Director of the Division of Water Quality. Quarterly Average (concentration limit) The average of all samples taken over a calendar quarter. Severe property damage Substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage excludes economic loss caused by delays in production. Toxic Pollutant: Any pollutant listed as toxic under Section 307(a)(1) of the CWA. Upset An incident beyond the reasonable control of the Permittee causing unintentional and temporary noncompliance with permit effluent limitations and/or monitoring requirements. An upset does not include noncompliance caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation. Weekly Average (concentration limit) The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar week. In the case of fecal coliform, the geometric mean of such discharges. Section B. General Conditions 1. Duty to Comply The Permittee must comply with all conditions of this permit. Any permit noncompliance constitutes a violation of the CWA and is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or denial of a permit renewal application [40 CFR 122.41]. a. The Permittee shall comply with effluent standards or prohibitions established under section 307(a) of the CWA for toxic pollutants and with standards for sewage sludge use or disposal established under section 405(d) of the CWA within the time provided in the regulations that establish these standards or prohibitions or standards for sewage sludge use or disposal, even if the permit has not yet been modified to incorporate the requirement. b. The CWA provides that any person who violates section[s] 301, 302, 306, 307, 308, 318 or 405 of the Act, or any permit condition or limitation implementing any such sections in a permit issued under section 402, or any requirement imposed in a pretreatment program approved under sections 402 (a) (3) or 402 (b) (8) of the Act, is subject to a civil penalty not to exceed $37,500 per day for each violation. [33 USC 1319 (d) and 40 CFR 122.41 (a) (2)] c. The CWA provides that any person who negligently violates sections 301, 302, 306, 307, 308, 318, or 405 of the Act, or any condition or limitation implementing any of such sections in a permit issued under section 402 of the Act, or any requirement imposed in a pretreatment program approved under section 402(a)(3) or 402(b)(8) of the Act, is subject to criminal penalties of $2,500 to $25,000 per day of violation, or 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. [33 USC 1319 (c) (1) and 40 CFR 122.41 (a) (2)] d. Any person who knowingly violates such sections, or such conditions or limitations is subject to criminal penalties of $5,000 to $50,000 per day of violation, or imprisonment for not more than 3 years, or both. In the case of a second or subsequent conviction for a knowing violation, a person shall be subject to criminal Version 1012912010 PDES Permit Standard Conditions Page 4 of 18 penalties of not more than $100,000 per day of violation, or imprisonment of not more than 6 years, or both. [33 USC 1319 (c) (2) and 40 CFR 122.41 (a) (2)] e. Any person who knowingly violates section 301, 302, 303, 306, 307, 308, 318 or 405 of the Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of the Act, and who knows at that time that he thereby places another person in imminent danger of death or serious bodily injury, shall, upon conviction, be subject to a fine of not more than $250,000 or imprisonment of not more than 15 years, or both. In the case of a second or subsequent conviction for a knowing endangerment violation, a person shall be subject to a fine of not more than $500,000 or by imprisonment of not more than 30 years, or both. An organization, as defined in section 309(c)(3)(B)(iii) of the CWA, shall, upon conviction of violating the imminent danger provision, be subject to a fine of not more than $1,000,000 and can be fined up to $2,000,000 for second or subsequent convictions. [40 CFR 122.41 (a) (2)] f. Under state law, a civil penalty of not more than $25,000 per violation may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of a permit. [North Carolina General Statutes § 143-215.6A] g. Any person may be assessed an administrative penalty by the Administrator for violating section 301, 302, 306, 307, 308, 318 or 405 of this Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of this Act. Administrative penalties for Class I violations are not to exceed $16,000 per violation, with the maximum amount of any Class I penalty assessed not to exceed $37,500. Penalties for Class II violations are not to exceed $16,000 per day for each day during which the violation continues, with the maximum amount of any Class II penalty not to exceed $177,500. [33 USC 1319 (g) (2) and 40 CFR 122.41 (a) (3)] 2. Duty to Mitigate The Permittee shall take all reasonable steps to minimize or prevent any discharge or sludge use or disposal in violation of this permit with a reasonable likelihood of adversely affecting human health or the environment [40 CFR 122.41 (d)]. 3. Civil and Criminal Liability Except as provided in permit conditions on 'Bypassing" (Part II. C. 4), "Upsets" (Part II. C. 5) and 'Power Failures" (Part II. C. 7), nothing in this permit shall be construed to relieve the Permittee from any responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3, 143-215.6 or Section 309 of the Federal Act, 33 USC 1319. Furthermore, the Permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 4. Oil and Hazardous Substance Liability Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the Permittee from any responsibilities, liabilities, or penalties to which the Permittee is or may be subject to under NCGS 143-215.75 et seq. or Section 311 of the Federal Act, 33 USG 1321. Furthermore, the Permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 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 The provisions of this permit are severable. If any provision of this permit, or the application of any provision of this permit to any circumstances, is held invalid, the application of such provision to other circumstances, and the remainder of this permit, shall not be affected thereby [NCGS 15013-23]. Version 1012912010 PDES Permit Standard Conditions Page 5 of 18 Duty to Provide Information The Permittee shall furnish to the Permit Issuing Authority, within a reasonable time, any information which the Permit Issuing Authority may request to determine whether cause exists for modifying, revoking and reissuing, or terminating this permit or to determine compliance with this permit. The Permittee shall also furnish to the Permit Issuing Authority upon request, copies of records required by this permit [40 CFR 122.41 (h)]- 9. Duty to Reapply If the Permittee wishes to continue an activity regulated by this permit after the expiration date of this permit, the Permittee must apply for and obtain a new permit [40 CFR 122.41 (b)]. 10. Expiration of Permit The Permittee is not authorized to discharge after the expiration date. In order to receive automatic authorization to discharge beyond the expiration date, the Permittee shall submit such information, forms, and fees as are required by the agency authorized to issue permits no later than 180 days prior to the expiration date. Any Permittee that has not requested renewal at least 180 days prior to expiration, or any Permittee that does not have a permit after the expiration and has not requested renewal at least 180 days prior to expiration, will subject the Permittee to enforcement procedures as provided in NCGS 143-215.6 and 33 USC 1251 et. seq. 11. Signatory Requirements All applications, reports, or information submitted to the Permit Issuing Authority shall be signed and certified [40 CFR 122.41 (k)]. a. All permit applications shall be signed as follows: (1) For a corporation: by a responsible corporate officer. For the purpose of this Section, a responsible corporate officer means: (a) a president, secretary, treasurer or vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision making functions for the corporation, or (b) the manager of one or more manufacturing, production, or operating facilities, provided, the manager is authorized to make management decisions which govern the operation of the regulated facility including having the explicit or implicit duty of making major capital investment recommendations, and initiating and directing other comprehensive measures to assure long term environmental compliance with environmental laws and regulations; the manager can ensure that the necessary systems are established or actions taken to gather complete and accurate information for permit application requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures. (2) For a partnership or sole proprietorship: by a general partner or the proprietor, respectively; or (3) For a municipality, State, Federal, or other public agency: by either a principal executive officer or ranking elected official [40 CFR 122.22]. b. All reports required by the permit and other information requested by the Permit Issuing Authority shall be signed by a person described in paragraph a. above or by a duly authorized representative of that person. A person is a duly authorized representative only if: (1) The authorization is made in writing by a person described above; (2) The authorization specified either an individual or a position having responsibility for the overall operation of the regulated facility or activity, such as the position of plant manager, operator of a well or well field, superintendent, a position of equivalent responsibility, or an individual or position having overall responsibility for environmental matters for the company. (A duly authorized representative may thus be either a named individual or any individual occupying a named position.); and (3) The written authorization is submitted to the Permit Issuing Authority [40 CFR 122.22] c. Changes to authorization: If an authorization under paragraph (b) of this section is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, a new authorization satisfying the requirements of paragraph -(b) of this section must be submitted to the Director prior to or together with any reports, information, or applications to be signed by an authorized representative [40 CFR 122.22] Version 1012912010 PDES Permit Standard Conditions Page 6 of 18 d. Certification. Any person signing a document under paragraphs a. or b. of this section shall make the following certification [40 CFR 122.221. NO OTHER STATEMENTS OF CERTIFICATION WILL BE ACCEPTED: "I certifii, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations." 12. Permit Actions This permit may be modified, revoked and reissued, or terminated for cause. The filing of a request by the Permittee for a permit modification, revocation and reissuance, or termination, or a notification of planned changes or anticipated noncompliance does not stay any permit condition [40 CFR 122.41 (f)]. 13. Permit Modification, Revocation and Reissuance, or Termination The issuance of this permit does not prohibit the permit issuing authority from reopening and modifying the permit, revoking and reissuing the permit, or terminating the permit as allowed by the laws, rules, and regulations contained in Title 40, Code of Federal Regulations, Parts 122 and 123; Title 15A of the North Carolina Administrative Code, Subchapter 2H.0100; and North Carolina General Statute 143-215.1 et. al. 14. Annual Administering and Compliance Monitoring Fee Requirements The Permittee must pay the annual administering and compliance monitoring fee within thirty days after being billed by the Division. Failure to pay the fee in a timely manner in accordance with 15A NCAC 2H.0105 (b) (2) may cause this Division to initiate action to revoke the permit. Section C. Operation and Maintenance of Pollution Controls Certified Operator Upon classification of the permitted facility by the Certification Commission, the Permittee shall employ a certified water pollution control treatment system operator in responsible charge (ORC) of the water pollution control treatment system. Such operator must hold a certification of the grade equivalent to or greater than the classification assigned to the water pollution control treatment system by the Certification Commission. The Permittee must also employ one or more certified Back-up ORCs who possess a currently valid certificate of the type of the system. Back-up ORCs must possess a grade equal to (or no more than one grade less than) the grade of the system [15A NCAC 8G.0201]. The ORC of each Class I facility must: ➢ Visit the facility as often as is necessary to insure proper operation of the treatment system; the treatment facility must be visited at least weekly ➢ Comply with all other conditions of 15A NCAC 8G.0204. The ORC of each Class II, III and IV facility must: ➢ Visit the facility as often as is necessary to insure proper operation of the treatment system; the treatment facility must be visited at least five days per week, excluding holidays ➢ Properly manage and document daily operation and maintenance of the facility ➢ Comply with all other conditions of 15A NCAC 8G.0204. Once the facility is classified, the Permittee shall submit a letter to the Certification Commission designating the operator in responsible charge: a. Within 60 calendar days prior to wastewater being introduced into a new system b. Within 120 calendar days of: ➢ Receiving notification of a change in the classification of the system requiring the designation of a new ORC and back-up ORC ➢ A vacancy in the position of ORC or back-up ORC. Version 1012912010 PDES Permit Standard Conditions Page 7 of 18 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)]. NOTE: Properly and officially designated operators are fully responsible for all proper operation and maintenance of the facility, and all documentation required thereof, whether acting as a contract operator [subcontractor] or a member of the Permittee's staff. 3. Need to Halt or Reduce not a Defense It shall not be a defense for a Permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the condition of this permit [40 CFR 122.41 (c)]. 4. Bypassing of Treatment Facilities a. Bypass not exceeding limitations [40 CFR 122.41 (m) (2)] The Permittee may allow any bypass to occur which does not cause effluent limitations to be exceeded, but only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the provisions of Paragraphs b. and c. of this section. b. Notice [40 CFR 122.41 (m) (3)] (1) Anticipated bypass. If the Permittee knows in advance of the need for a bypass, it shall submit prior notice, if possible at least . ten days before the date of the bypass; including an evaluation of the anticipated quality and effect of the bypass. (2) Unanticipated bypass. The Permittee shall submit notice of an unanticipated bypass as required in Part II. E. 6. (24-hour notice). c. Prohibition of Bypass (1) Bypass from the treatment facility is prohibited and the Permit Issuing Authority may take enforcement action against a Permittee for bypass, unless: (A) Bypass was unavoidable to prevent loss of life, personal injury or severe property damage; (B) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate backup equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and (C) The Permittee submitted notices as required under Paragraph b. of this section. (2) Bypass from the collection system is prohibited and the Permit Issuing Authority may take enforcement action against a Permittee for a bypass as provided in any current or future system -wide collection system permit associated with the treatment facility. (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. Upsets a. Effect of an upset [40 CFR 122.41 (n) (2)]:An upset constitutes an affirmative defense to an action brought for noncompliance with such technology based permit effluent limitations if the requirements of paragraph b. of this condition are met. No determination made during administrative review of claims that noncompliance was caused by upset, and before an action for noncompliance, is final administrative action subject to judicial review. Version 1012912010 PDES Permit Standard Conditions Page 8 of 18 b. Conditions necessary for a demonstration of upset: Any Permittee who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that: (1) An upset occurred and that the Permittee can identify the cause(s) of the upset; (2) The Permittee facility was at the time being properly operated; and (3) The Permittee submitted notice of the upset as required in Part II. E. 6. (b) of this permit. (4) The Permittee complied with any remedial measures required under Part II. B. 2. of this permit. c. Burden of proof [40 CFR 122.41 (n) (4)]: The Permittee seeking to establish the occurrence of an upset has the burden of proof in any enforcement proceeding. 6. Removed Substances Solids, sludges, filter backwash, or other pollutants removed in the course of treatment or control of wastewaters shall be utilized/disposed of in accordance with NCGS 143-215.1 and in a manner such as to prevent any pollutant from such materials from entering waters of the State or navigable waters of the United States. 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) to prevent the discharge of untreated or inadequately treated wastes during electrical power failures either by means of alternate power sources, standby generators or retention of inadequately treated effluent. Section D. Monitoring and Records 1. Representative Sampling Samples collected and measurements taken, as required herein, shall be characteristic of the volume and nature of the permitted discharge. Samples collected at a frequency less than daily shall be taken on a day and time that is characteristic of the discharge over the entire period the sample represents. All samples shall be taken at the monitoring points specified in this permit and, unless otherwise specified, before the effluent joins or is diluted by any other wastestream, body of water, or substance. Monitoring points shall not be changed without notification to and the approval of the Permit Issuing Authority [40 CFR 122.41 (j)]. 2. Reporting Monitoring results obtained during the previous month(s) shall be summarized for each month and reported on a monthly Discharge Monitoring Report (DMR) Form (MR 1,1.1, 2, 3) or alternative forms approved by the Director, postmarked no later than the last calendar day of the month following the completed reporting period. The first DMR is due on the last day of the month following the issuance of the permit or in the case of a new facility, on the last day of the month following the commencement of discharge. Duplicate signed copies of these, and all other reports required herein, shall be submitted to the following address: NC DENR / Division of Water Quality / Surface Water Protection Section ATTENTION: Central Files 1617 Mail Service Center Raleigh, North Carolina 27699-1617 3. Flow Measurements Appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges. The devices shall be installed, calibrated and maintained to ensure that the accuracy of the Version 1012912010 PDES Permit Standard Conditions Page 9 of 18 measurements is consistent with the accepted capability of that type of device. Devices selected shall be capable of measuring flows with a maximum deviation of less than 10% from the true discharge rates throughout the range of expected discharge volumes. Flow measurement devices shall be accurately calibrated at a minimum of once per year and maintained to ensure that the accuracy of the measurements is consistent with the accepted capability of that type of device. The Director shall approve the flow measurement device and monitoring location prior to installation. Once -through condenser cooling water flow monitored by pump logs, or pump hour meters as specified in Part I of this permit and based on the manufacturer's pump curves shall not be subject to this requirement. 4. Test Procedures Laboratories used for sample analysis must be certified by the Division. Permittees should contact the Division's Laboratory Certification Section (919 733-3908 or http://portal.ncdenr.org/web/wq/lab/cert) for information regarding laboratory certifications. Facilities whose personnel are conducting testing of field -certified parameters only must hold the appropriate field parameter laboratory certifications. Test procedures for the analysis of pollutants shall conform to the EMC regulations (published pursuant to NCGS 143-215.63 et. seq.), the Water and Air Quality Reporting Acts, and to regulations published pursuant to Section 304(g), 33 USC 1314, of the CWA (as amended), and 40 CFR 136; or in the case of sludge use or disposal, approved under 40 CFR 136, unless otherwise specified in 40 CFR 503, unless other test procedures have been specified in this permit [40 CFR 122.41]. To meet the intent of the monitoring required by this permit, all test procedures must produce minimum detection and reporting levels that are below the permit discharge requirements and all data generated must be reported down to the minimum detection or lower reporting level of the procedure. If no approved methods are determined capable of achieving minimum detection and reporting levels below permit discharge requirements, then the most sensitive (method with the lowest possible detection and reporting level) approved method must be used. 5. Penalties for Tampering The CWA provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any monitoring device or method required to be maintained under this permit shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. If a conviction of a person is for a violation committed after a first conviction of such person under this paragraph, punishment is a fine of not more than $20,000 per day of violation, or by imprisonment of not more than 4 years, or both [40 CFR 122.41]. 6. Records Retention Except for records of monitoring information required by this permit related to the Permittee's sewage sludge use and disposal activities, which shall be retained for a period of at least five years (or longer as required by 40 CFR 503), the Permittee shall retain records of all monitoring information, including: ➢ all calibration and maintenance records ➢ all original strip chart recordings for continuous monitoring instrumentation ➢ copies of all reports required by this permit ➢ copies of all data used to complete the application for this permit These records or copies shall be maintained for a period of at least 3 years from the date of the sample, measurement, report or application. This period may be extended by request of the Director at any time [40 CFR 122.411. 7. Recording Results For each measurement or sample taken pursuant to the requirements of this permit, the Permittee shall record the following information [40 CFR 122.41]: a. The date, exact place, and time of sampling or measurements; b. The individual(s) who performed the sampling or measurements; Version 1012912010 PDES Permit Standard Conditions Page 10 of 18 c. The date(s) analyses were performed; d. The individual(s) who performed the analyses; e. The analytical techniques or methods used; and f. The results of such analyses. 8. Inspection and Entry The Permittee shall allow the Director, or an authorized representative (including an authorized contractor acting as a representative of the Director), upon the presentation of credentials and other documents as may be required by law, to; a. Enter upon the Permittee's premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of this permit; b. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this permit; c. Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this permit; and d. Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise authorized by the CWA, any substances or parameters at any location [40 CFR 122.41 (i)]. Section E Reporting Requirements 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 Noncompliance The Permittee shall give advance notice to the Director of any planned changes to the permitted facility or other activities that might result in noncompliance with the permit [40 CFR 122.41 (1) (2)]. 4. Transfers This permit is not transferable to any person without approval from 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 CWA [40 CFR 122.41 (1) (3)]. 5. Monitoring Reports Monitoring results shall be reported at the intervals specified elsewhere in this permit [40 CFR 122.41 (1) (4)]. a. Monitoring results must be reported on a Discharge Monitoring Report (DMR) (See Part II. D. 2) or forms provided by the Director for reporting results of monitoring of sludge use or disposal practices. Version 1012912010 PDES Permit Standard Conditions Page 11 of 18 b.. If the Permittee monitors any pollutant more frequently than required by this permit, the results of such monitoring shall be included in the calculation and reporting of the data submitted on the DMR. 6. Twenty-four Hour Reporting a. The Permittee shall report to the Director or the appropriate Regional Office any noncompliance that potentially threatens public health or the environment. Any information shall be provided orally within 24 hours from the time the Permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the Permittee becomes aware of the circumstances. The written submission shall contain a description of the noncompliance, and its cause; the period of noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance [40 CFR 122.41 (1) (6)]. b. The Director may waive the written report on a case -by -case basis for reports under this section if the oral report has been received within 24 hours. c. Occurrences outside normal business hours may also be reported to the Division's Emergency Response personnel at (800) 662-7956, (800) 858-0368 or (919) 733-3300. 7. Other Noncompliance The Permittee shall report all instances of noncompliance not reported under Part II. E. 5 and 6. of this permit at the time monitoring reports are submitted. The reports shall contain the information listed in Part II. E. 6. of this permit [40 CFR 122.41 (1) (7)]. 8. Other Information Where the Permittee becomes aware that it failed to submit any relevant facts in a permit application, or submitted incorrect information in a permit application or in any report to the Director, it shall promptly submit such facts or information [40 CFR 122.41 (1) (8)]. 9. Noncompliance Notification The Permittee shall report by telephone to either the central office or the appropriate regional office of the Division as soon as possible, but in no case more than 24 hours or on the next working day following the occurrence or first knowledge of the occurrence of any of the following: a. Any occurrence at the water pollution control facility which results in the discharge of significant amounts of wastes which are abnormal in quantity or characteristic, such as the dumping of the contents of a sludge digester; the known passage of a slug of hazardous substance through the facility; or any other unusual circumstances. b. Any process unit failure, due to known or unknown reasons, that render the facility incapable of adequate wastewater treatment such as mechanical or electrical failures of pumps, aerators, compressors, etc. c. Any failure of a pumping station, sewer line, or treatment facility resulting in a by-pass without treatment of all or any portion of the influent to such station or facility. Persons reporting such occurrences by telephone shall also file a written report within 5 days following first knowledge of the occurrence. 10. Availability of Reports Except for data determined to be confidential under NCGS 143-215.3 (a)(2) or Section 308 of the Federal Act, 33 USC 1318, all reports prepared in accordance with the terms shall be available for public inspection at the offices of the Division. As required by the Act, effluent data shall not be considered confidential. Knowingly making any false statement on any such report may result in the imposition of criminal penalties as provided for in NCGS 143-215.1(b)(2) or in Section 309 of the Federal Act. 11. Penalties for Falsification of Reports The CWA provides that any person who knowingly makes any false statement, representation, or certification in any record or other document submitted or required to be maintained under this permit, including monitoring reports or reports of compliance or noncompliance shall, upon conviction, be punished by a fine of not more than $25,000 per violation, or by imprisonment for not more than two years per violation, or by both [40 CFR 122.411. Version 1012912010 PDES Permit Standard Conditions Page 12 of 18 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. The report shall be sent to: NC DENR / Division of Water Quality / Surface Water Protection Section ATTENTION: Central Files 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Version 1012912010 PDES Permit Standard Conditions Page 13 of 18 PART III OTHER REQUIREMENTS Section A. Construction The Permittee shall not commence construction of wastewater treatment facilities, nor add to the plant's treatment capacity, nor change the treatment process(es) utilized at the treatment plant unless the Division has issued an Authorization to Construct (AtC) permit. Issuance of an AtC will not occur until Final Plans and Specifications for the proposed construction have been submitted by the Permittee and approved by the Division. Section B. Groundwater Monitoring The Permittee shall, upon written notice from the Director, conduct groundwater monitoring as may be required to determine the compliance of this NPDES permitted facility with the current groundwater standards. Section C. Changes in Discharges of Toxic Substances The Permittee shall notify the Permit Issuing Authority as soon as it knows or has reason to believe (40 CFR 122.42): a. That any activity has occurred or will occur which would result in the discharge, on a routine or frequent basis, of any toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels"; (1) One hundred micrograms per liter (100 pg/L); (2) Two hundred micrograms per liter (200 ug/L) for acrolein and acrylonitrile; five hundred micrograms per liter (500 ug/L) for 2.4-dinitrophenol and for 2-methyl-4.6-dinitrophenol; and one milligram per liter (1 mg/L) for antimony; (3) Five times the maximum concentration value reported for that pollutant in the permit application. b. That any activity has occurred or will occur which would result in any discharge, on a non -routine or infrequent basis, of a toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels"; (1) Five hundred micrograms per liter (500 pg/L); (2) One milligram per liter (1 mg/L) for antimony; (3) Ten times the maximum concentration value reported for that pollutant in the permit application. Section D. Evaluation of Wastewater Discharge Alternatives The Permittee shall evaluate all wastewater disposal alternatives and pursue the most environmentally sound alternative of the reasonably cost effective alternatives. If the facility is in substantial non-compliance with the terms and conditions of the NPDES permit or governing rules, regulations or laws, the Permittee shall submit a report in such form and detail as required by the Division evaluating these alternatives and a plan of action within 60 days of notification by the Division. Section E. Facility Closure Requirements The Permittee must notify the Division at least 90 days prior to the closure of any wastewater treatment system covered by this permit. The Division may require specific measures during deactivation of the system to prevent adverse impacts to waters of the State. This permit cannot be rescinded while any activities requiring this permit continue at the permitted facility. Version 1012912010 PDES Permit Standard Conditions Page 14 of 18 PART IV SPECIAL CONDITIONS FOR MUNICIPAL FACILITIES Section A. Definitions In addition to the definitions in Part II of this permit, the following definitions apply to municipal facilities: Indirect Discharge or Industrial User Any non -domestic source that discharges wastewater containing pollutants into a POTW regulated under section 307(b), (c) or (d) of the CWA. [40 CFR 403.3 (i) and (j)] Interference Inhibition or disruption of the POTW treatment processes; operations; or its sludge process, use, or disposal which causes or contributes to a violation of any requirement of the POTW's NPDES Permit or prevents sewage sludge use or disposal in compliance with specified applicable State and Federal statutes, regulations, or permits. [15A NCAC 2H.0903 (b) (13)] Pass Through A discharge which exits the POTW into waters of the State in quantities or concentrations which, alone or with discharges from other sources, causes a violation, including an increase in the magnitude or duration of a violation, of the POTW's NPDES permit, or of an instream water quality standard. [15A NCAC 2H.0903 (b) (23)] Publicly Owned Treatment Works (POTW) A treatment works as defined by Section 212 of the CWA, owned by a State or local government entity. This definition includes any devices and systems used in the storage, treatment, recycling and reclamation of municipal sewage or industrial wastes of a liquid nature. It also includes sewers, pipes, and other conveyances only if they convey wastewater to a POTW. The term also means the local government entity, or municipality, as defined in section 502(4) of the CWA, which has jurisdiction over indirect discharges to and the discharges from such a treatment works. [15A NCAC 2H.0903 (b) (27)] "Significant Industrial User" or "SIU" An industrial user that discharges wastewater into a publicly owned treatment works and that [15A NCAC 2H.0903 (b) (34)]: (a) discharges an average of 25,000 gallons or more per day of process wastewater to the POTW (excluding sanitary, noncontact cooling and boiler blowdown wastewaters) or; (b) contributes more than 5 percent of the design flow of the POTW treatment plant or more than 5 percent of the maximum allowable headworks loading of the POTW treatment plant for any pollutant of concern, or; (c) is required to meet a national categorical pretreatment standard, or; (d) is, regardless of Parts (a), (b), and (c) of this definition, otherwise determined by the POTW, the Division, or the EPA to have a reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement or POTW's receiving stream standard, or to limit the POTW's sludge disposal options. Section B. Publicly Owned Treatment Works (POTWs) All POTWs are required to prevent the introduction of pollutants into the POTW which will interfere with the operation of the POTW, including interference with its use or disposal of municipal sludge, or pass through the treatment works or otherwise be incompatible with such treatment works. [40 CFR 403.2] All POTWs must provide adequate notice to the Director of the following [40 CFR 122.42 (b)]: 1. Any new introduction of pollutants into the POTW from an indirect discharger, regardless of the means of transport, which would be subject to section 301 or 306 of CWA if it were directly discharging those pollutants; and 2. Any substantial change in the volume or character of pollutants being introduced by an indirect discharger as influent to that POTW at the time of issuance of the permit. Version 1012912010 PDES Permit Standard Conditions Page 15 of 18 3. For purposes of this paragraph, adequate notice shall include information on (1) the quality and quantity of effluent introduced into the POTW, and (2) any anticipated impact that may result from the change of the quantity or quality of effluent to be discharged from the POTW. Section C. Municipal Control of Pollutants from Industrial Users. 1. Effluent limitations are listed in Part I of this permit. Other pollutants attributable to inputs from 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. Prohibited Discharges a. Under no circumstances shall the Permittee allow introduction of pollutants or discharges into the waste treatment system or waste collection system which cause or contribute to Pass Through or Interference as defined in 15A NCAC 2H.0900 and 40 CFR 403. [40 CFR 403.5 (a) (1)] b. Under no circumstances shall the Permittee allow introduction of the following wastes in the waste treatment or waste collection system [40 CFR 403.5 (b)]: (1) Pollutants which create a fire or explosion hazard in the POTW, including, but not limited to, wastestreams with a closed cup flashpoint of less than 140 degrees Fahrenheit or 60 degrees Centigrade using the test methods specified in 40 CFR 261.21; (2) Pollutants which cause corrosive structural damage to the POTW, but in no case discharges with pH lower than 5.0, unless the works is specifically designed to accommodate such discharges; (3) Solid or viscous pollutants in amounts which cause obstruction to the flow in the POTW resulting in Interference; (4) Any pollutant, including oxygen demanding pollutants (BOD, etc.) released in a Discharge at a flow rate and/or pollutant concentration which will cause Interference with the POTW; (5) Heat in amounts which will inhibit biological activity in the POTW resulting in Interference, but in no case heat in such quantities that the temperature at the POTW Treatment Plant exceeds 40°C (104°F) unless the Division, upon request of the POTW, approves alternate temperature limits; (6) Petroleum oil, non -biodegradable cutting oil, or products of mineral oil origin in amounts that will cause Interference or Pass Through; (7) Pollutants which result in the presence of toxic gases, vapors, or fumes within the POTW in a quantity that may cause acute worker health and safety problems; (8) Any trucked or hauled pollutants, except at discharge points designated by the POTW. c. The Permittee shall investigate the source of all discharges into the POTW, including slug loads and other unusual discharges, which have the potential to adversely impact the permittee's Pretreatment Program and/or the operation of the POTW. The Permittee shall report such discharges into the POTW to the Director or the appropriate Regional Office. Any information shall be provided orally within 24 hours from the time the Permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the Permittee becomes aware of the circumstances. The written submission shall contain a description of the discharge, the investigation into possible sources; the period of the discharge, including exact dates and times; and if the discharge has not ceased, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance, 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 User discharging to the POTW to meet Federal Pretreatment Standards developed under Section 307(b) of the Act as amended (which includes categorical standards and Version 1012912010 PDES Permit Standard Conditions Page 16 of 18 specific local limits, best management practices and narrative requirements). Prior to accepting wastewater from any Significant Industrial User, the Permittee shall either develop and submit to the Division a new Pretreatment Program or a modification of an existing Pretreatment Program, for approval as required under section D below as well as 15A NCAC 2H.0907 (a) and (b). [40 CFR 122.44 (j) (2)] 5. This permit shall be modified, or alternatively, revoked and reissued, to incorporate or modify an approved POTW Pretreatment Program or to include a compliance schedule for the development of a POTW Pretreatment Program as required under Section 402 (b) (8) of the CWA and implementing regulations or by the requirements of the approved State pretreatment program, as appropriate. Section D. Pretreatment Programs Under authority of sections 307 (b) and (c) and 402 (b) (8) of the CWA and implementing regulations 40 CFR 403, North Carolina General Statute 143-215.3 (14) and implementing regulations 15A NCAC 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. [40 CFR 122.44 (j) (2)] The Permittee shall operate its approved pretreatment program in accordance with Section 402 (b) (8) of the CWA, 40 CFR 403, 15A NCAC 2H.0900, and the legal authorities, policies, procedures, and financial provisions contained in its pretreatment program submission and Division approved modifications thereof. Such operation shall include but is not limited to the implementation of the following conditions and requirements. Terms not defined in Part II or Part IV of this permit are as defined in 15A NCAC 2H.0903 and 40 CFR 403.3. 1. Sewer Use Ordinance (SUO) The Permittee shall maintain adequate legal authority to implement its approved pretreatment program. [15A NCAC 2H.0905 and .0906; 40 CFR 403.8 (f) (1) and 403.9 (b) (1), (2)] 2. Industrial Waste Survey (IWS) The permittee shall implement an IWS consisting of the survey of users of the POTW, as required by 40 CFR 403.8 (f) (2) (i-iii) and 15A NCAC 2H.0905 [also 40 CFR 122.44 (j) (1)], including identification of all industrial users that may have an impact on the POTW and the character and amount of pollutants contributed to the POTW by these industrial users and identification of those industrial users meeting the definition of SIU. The Permittee shall submit a summary of its IWS activities to the Division at least once every five years, and as required by the Division. The IWS submission shall include a summary of any investigations conducted under paragraph C.2.c. of this Part. 3. Monitoring Plan The Permittee shall implement a Division -approved Monitoring Plan for the collection of facility specific data to be used in a wastewater treatment plant Headworks Analysis (HWA) for the development of specific pretreatment local limits. Effluent data from the Plan shall be reported on the DMRs (as required by Part II, Section D, and Section E.5.). [15A NCAC 2H.0906 (b) (2) and .0905] 4. Headworks Analysis (HWA) and Local Limits The Permittee shall obtain Division approval of a HWA at least once every five years, and as required by the Division. Within 180 days of the effective date of this permit (or any subsequent permit modification) the Permittee shall submit to the Division a written technical evaluation of the need to revise local limits (i.e., an updated HWA or documentation of why one is not needed) [40 CFR 122.44]. The Permittee shall develop, in accordance with 40 CFR 403.5 (c) and 15A NCAC 2H.0909, specific Local Limits to implement the prohibitions listed in 40 CFR 403.5 (a) and (b) and 15A NCAC 2H.0909. Pursuant to 40 CFR 403.5, local limits are enforceable Pretreatment Standards as defined by 40 CFR 403.3(1). 5. Industrial User Pretreatment Permits (IUP) & Allocation Tables In accordance with NCGS 143-215.1, the Permittee shall issue to all significant industrial users, permits for operation of pretreatment equipment and discharge to the Permittee's treatment works. These permits shall contain limitations, sampling protocols, reporting requirements, appropriate standard and special conditions, and compliance schedules as necessary for the installation of treatment and control technologies to assure that their wastewater discharge will meet all applicable pretreatment standards and requirements. The Permittee shall maintain a current Allocation Table (AT) which summarizes the results of the HWA and the limits from Version 1012912010 PDES Permit Standard Conditions Page 17 of 18 all IUPs. Permitted IUP loadings for each parameter cannot exceed the treatment capacity of the POTW as determined by the HWA. [15A NCAC 2H.0909, .0916, and .0917; 40 CFR 403.5, 403.8 (f) (1) (iii); NCGS 143 215.67 (a)] 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. [15A NCAC. 2I-I.0906 (b) (6) and .0905; NCGS 143-215.1 (a) (8)] 7. POTW Inspection & Monitoring of their IUs 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. [15A NCAC 2H .0908(d); 40 CFR 403.8(f)(2)(v)] 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 at least once per calendar year; For the purposes of this paragraph, "organic compounds" means the types of compounds listed in 40 CFR 136.3(a), Tables IC, ID, and IF, as amended. 8. IU Self Monitoring and Reporting The Permittee shall require all industrial users to comply with the applicable monitoring and reporting requirements outlined in the Division -approved pretreatment program, the industry's pretreatment permit, or in 15A NCAC 2H .0908. [15A NCAC' 2H .0906(b)(4) and .0905; 40 CFR 403.8(f)(1)(v) and (2)(iii); 40 CFR 122.44(j)(2) and 40 CFR 40312] 9. Enforcement Response Plan (ERP) The Permittee shall enforce and obtain appropriate remedies for violations of all pretreatment standards promulgated pursuant to section 307(b) and (c) of the. Clean Water Act (40 CFR 405 et. seq.), prohibitive discharge standards as set forth in 40 CFR 403.5 and 15A NCAC 2H .0909, and specific local limitations. All remedies, enforcement actions and other, shall be consistent with the Enforcement Response Plan (ERP) approved by the Division. [15A NCAC 2H .0906(b)(7) and .0905; 40 CFR 403.8(f)(5)] 10. Pretreatment Annual Reports (PAR) The. Permittee shall report to the Division in accordance with '15A NCAC 2'H .0908. In lieu of submitting annual reports, Modified Pretreatment Programs developed under .15A NCAC 2H .0904 (b) may be required to submit a partial annual report or to meet with Division personnel periodically to discuss enforcement of pretreatment requirements and other pretreatment implementation issues. For all other active pretreatment programs, the Permittee shall submit two copies of a Pretreatment Annual Report (PAR) describing its pretreatment activities over the previous twelve: months to the Division at the following address: NC DENR ,/ Division of Water Quality / Surface Water Protection Section Pretreatment, Emergency Response, and Collection Systems (PERCS) Unit 1617 Mail Service Center Raleigh, North Carolina 276994617 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); Version 1012912010 'DES Permit Standard Conditions Page 18 of 18' b:) Pretreatment Program Summary (PPS) A pretreatment program summary (PPS) on specific forms approved by the Division; c.) Significant Non -Compliance Report (SNCR) The nature of the violations and the actions taken or proposed to correct the violations on specific forms approved by the Division; d.) Industrial Data Summary Forms (IDSF) Monitoring data from samples collected by both the POTW and the Significant Industrial User (SIU) in SNC. These analytical results must be reported on.Industrial Data Summary Forms (IDSF) or other specific format approved by the Division; e.) OtherInformation 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. [15'A NCAC 2H .0903(b)(35), .0908(b)(5) and .0905 and 40 CFR 403.8(f)(2)(viii)] 12. Record Keeping The Permittee shall retain for a minimum of three years records of monitoring activities and results, along with support information including general records, water quality records, and records of industrial impact on the .POTW. [15A NCAC 2H .0908(f); 40 CFR 403.12(o)] 13. Funding and Financial Report The Permittee shall maintain adequate funding and staffing levels to accomplish the objectives of its approved pretreatment program. [15A NCAC 2H .0906(a) and .0905; 40 CFR 403.8(f)(3), 403.9(b)(3)] 14. Modification to Pretreatment :Programs Modifications to the approved pretreatment program including but not limited to local limits modifications, POTW monitoring of their Significant Industrial 'Users (SIUs), and Monitoring Plan modifications, shall be considered a permit modification and shall be governed by 40 CFR 403.18,15 NCAC 2H .0114 and 15A NCAC 2H .0907.. Version 1012912010 Mr. R. Belvin Hall . Buncombe County Board of Education 167 Craven Street Asheville, North Carolina 28806 Dear Mr. Hall: Michael F. Easley, Governor William G. Ross Jr:, Secretary North Carolina Department of Environment and Natural Resources December 29, 2005 Ll �I JA N _ 4 2006 j Ji E VVAT EP, QUALITY SECTIOIJ Subject: Issuance of NPDES Permit Per 4 N,CQ06679,6 ; Leicester E mentary School WWTP_ "Buncombe County .E. Director ater Quality. Division personnel have reviewed and approved your application for renewal of the subject permit. Accordingly, we are forwarding the attached NPDES discharge permit. This permit is issued pursuant to the requirements of North Carolina General Statute 143-215.1 and the Memorandum of Agreement between North Carolina and the U.S. Environmental Protection Agency dated May 9, 1994 (or as subsequently amended). This permit contains no significant changes from the from the draft permit sent to you on November 9, 2005. Please note that a total residual chlorine (TRC) limit has been added to this permit. The limit will take effect August 1, 2007. See the attached TRC policy memo for details. If any parts, measurement frequencies or sampling requirements contained in this permit are unacceptable to you, you have the right to an adjudicatory hearing upon written request within thirty (30) days following receipt of this letter. This request must be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings (6714 Mail Service Center, Raleigh, North Carolina 27699-6714). Unless such demand is made, this decision shall be final and binding. Please note that this permit is not transferable except after notice to the Division. The Division may require modification or revocation and reissuance of the permit. This permit does not affect the legal requirements to obtain other permits which may be required by the Division of Water Quality or permits required by the Division of Land Resources, the Coastal Area Management Act or any other Federal or Local governmental permit that may be required. If you have any questions concerning this permit, please contact Bob Guerra at telephone number (919) 733-5083, extension 539. Sincerely, Al 0'q-- Alan W. Klimek, P.E. cc: A%5 TI 'alonaII<Offl VLSurfaCMW& :ro ec ion�. NPDES Unit Central Files Noe Carolina Ntura!!y North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone (919) 733-5083 Customer Service Internet h2o.enrstate.nc.us 512 N. Salisbury St. Raleigh, NC 27604 FAX (919) 733-0719 1-877-623-6748 An Equal Opportunity/Affirmative Aclion Employer— 50% Recycled/10% Post Consumer Paper Permit NCO066796 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 143-215.17 other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, Buncombe County Schools is hereby authorized to discharge wastewater from a. facility located at the Leicester Elementary School WWTP 31 Gilbert Road West of Leicester Buncombe County to receiving waters designated as Sluder Branch 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 February 1, 2006. This permit and authorization to discharge shall expire at midnight on December 31, 2010. Signed this day December 29, 2005. r��Al�n W. Klimek, P.E., Director Division of Water Quality By Authority of the Environmental Management Commission Permit NC0066796 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. Buncombe County Schools is hereby authorized to: 1. Continue to operate an existing 0.0057 MGD wastewater treatment facility with the following components: ♦ 10,000-gallon septic tank ♦ 3,000-gallon dosing tank with dual siphons ♦ Surface sand filter Chlorine contact chamber This facility is located at the Leicester Elementary School WWTP on 31 Gilbert Road, west of Leicester in Buncombe County. 2. Discharge from said treatment works at the location specified on the attached map into Sluder Branch, classified C waters in the French Broad River Basin. Buncombe County Board Of Education Leicester Elementary School WWTP Latitude: 35.93' 24" N State Grid: Leicester Loneitude: 82.42' 25" W Permitted Flow: 0.0057 MGD Receiving Stream: Slunder Branch Drainage Basin: French Broad Basin Stream Class: CSub-Basin: &4-03-02 Facility Location not to scale NPDES Permit No. NCO016796 North I Buncombe County � M Permit NCO066796 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 s� z]' "�hLIMITS ; `'x }MONITQRING REQUIREMENT8T5$ Y s r h #. ¢ ^.3'�a kt.' 7 17v^.t i'�; a';+y` i'4i- rF�':1 1 I.r^'x;'Fa.7�.�;i'`Y""e'G FY.s a^,RR' z x xMonthly i t�Daily, Measurement 'Sam le T e P Sam t Location p , r �MaXimum 'v"l9 z3 ~0.0057 Mi Flow MGD Weekly Instantaneous . Influent or Effluent BOD, 5-day (20°C) 30.0 mg/L 45.0 mg/L 2/Month Grab Effluent Total Suspended Solids 30.0 mg/L 45.0 mg1L 2/Month Grab Effluent NH3 as N 18.0 mg/L 35 mgA 2/Month Grab Effluent (April 1— October 31 NH3 as N Monthly Grab Effluent November 1 — March 31 Fecal Coliform 200 / 100 ml 400 / 100 ml 2/Month Grab Effluent (geometric mean Total Residual Chlorines 28 ug/I 2/Week Grab Effluent Temperature (IC) Weekly Grab Effluent pH2 2/Month Grab Effluent Footnotes: 1. The Total Residual Chlorine Limit takes effect August 1, 2007. Until the limit takes effect, the permittee shall monitor TRC (with no effluent limit). 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. ril NNPDES Permit Requirements Page 1 of 16 PART II STANDARD CONDITIONS FOR NPDES PERMITS Section A. Definitions 2/Month Samples are collected twice per month with at least ten calendar days between sampling events. 3/Week Samples are collected three times per week on three separate calendar days. Act or "the Act" The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 USC 1251, et. seq. Annual Average The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar year. In the case of fecal coliform, the geometric mean of such discharges. Arithmetic Mean The summation of the individual values divided by the number of individual values. B ass 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 O,uarter - 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 612012003 L � ofNPDES Permit Requirements 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 122.3) Dail,y Maximum The highest "daily discharge" during the calendar month. Daily Sampling Parameters requiring daily sampling shall be sampled 5 out of every 7 days per week unless otherwise specified in the permit. 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 level]' shall be considered =1. Grab Sample Individual samples of at least 100 nil 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 612012003 • NPDES Permit Requirements Page 3 of 16 Months Average (concentration limitl The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar month. In the case of fecal coliform, the geometric mean of such discharges. Permit Issuing Authority The Director of the Division of Water Quality. Quarterly Average (concentration limit) The average of all samples taken over a calendar quarter. Severe property damage Substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage excludes economic loss caused by delays in production. Toxic Pollutant: Any pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act. U set An incident beyond the reasonable control of the Permittee causing unintentional and temporary noncompliance with permit effluent limitations and/or monitoring requirements. An upset does not include noncompliance caused by operational' error, improperly. designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation. Weekly Average (concentration limitl The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar week. In the case of fecal coliform, the geometric mean of such -discharges. Section B. General Conditions 1. _Duty to Comply The Permittee must comply with all conditions of this permit. Any permit noncompliance constitutes a violation rm of the Clean Water Act and is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or denial of a permit renewal application [40 CFR 122.41]. a. The Permittee shall comply with effluent standards or prohibitions established under section 307(a) of the Clean Water Act for toxic pollutants and with standards for sewage sludge use or disposal established under section 405(d) of the Clean Water Act within the time provided in the regulations that establish these standards or prohibitions or standards for sewage sludge use or disposal, even if the permit has not yet been modified to incorporate the requirement. b. The Clean Water Act provides that any person who violates section 301, 302, 306, 307, 308, 318 or 405 of the Act, or any permit condition or limitation implementing any such sections in a permit issued under section 402, or any requirement imposed in a pretreatment program approved under sections 402(a)(3) or 402(b)(8) of the Act, is subject to a civil penalty not to exceed $25,000 per day for each violation. [40 CFR 122.41 (a) (2)] c. The Clean Water Act provides that any person who negligently violates sections 301, 302, 306, 307, 308, 318, or 405 of the Act, or any condition or limitation implementing any of such sections in a permit issued under section 402 of the Act, or any requirement imposed in a pretreatment program approved under section 402(a)(3) or 402(b)(8) of the Act, is subject to criminal penalties of $2,500 to $25,000 per day of violation, or imprisonment of not more than 1 year, or both. In the case of a second or subsequent conviction for a negligent violation, a person shall be subject to criminal penalties of not more than $50,000 per day of violation, or by imprisonment of not more than 2 years, or both. [40 CFR 122.41 (a) (2)] Version 612012003 L-7 NPDES Permit Requirements Page 4 of 16 d. Any person who knowingly violates such sections, or such conditions or limitations is subject to criminal penalties of $5,000 to $50,000 per day of violation, or imprisonment for not more than 3 years, or both. In the case of a second or subsequent conviction for a knowing violation, a person shall be subject to criminal penalties of not more than $100,000 per day of violation, or imprisonment of not more than 6 years, or both. [40 CFR 122.41 (a) (2)] e. Any person who knowingly violates section 301, 302, 303, 306, 307, 308, 318 or 405 of the Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of the Act, and who knows at that time that he thereby places another person in imminent danger of death or serious bodily injury, shall, upon conviction, be subject to a fine of not more than $250,000 or imprisonment of not more than 15 years, or both. In the case of a second or subsequent conviction for a knowing endangerment violation, a person shall be subject to a fine of not more than $500,000 or by imprisonment of not more than 30 years, or both. An organization, as defined in section 309(c)(3)(B)(iii) of the CWA, shall, upon conviction of violating the imminent danger provision, be subject to a fine of not more than $1,000,000 and can be fined up to $2,000,000 for second or subsequent convictions. [40 CFR 122.41 (a) (2)] f. Under state law, a civil penalty of not more than $25,000 per violation may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of a permit. [North Carolina General Statutes § 143-215.6A] g. Any person may be assessed an administrative penalty by the Administrator for violating section 301, 302, 306, 307, 308, 318 or 405 of. this Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of this Act. Administrative penalties for Class I violations are not to exceed $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 miniT„ize.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 II. C. 4), "Upsets" (Part II. C. 5) and "Power Failures" (Part H. C. 7), nothing in this permit shall be construed to relieve the Permittee from any responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3, 143-215.6 or Section 309 of the Federal Act, 33 USC 1319. Furthermore, the Permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 4. Oil and Hazardous Substance Liability Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the Permittee from any responsibilities, liabilities, or penalties to which the Permittee is or may be subject to under NCGS 143- 215.75 et seq. or Section 311 of the Federal Act, 33 USG 1321. Furthermore, the Permittee is responsible for consequential damages; such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 5. Property Rights The issuance of this permit does not convey any property rights in either real or personal property, or any exclusive privileges, nor does it authorize any injury to private property or any invasion. of personal rights, nor any infringement of Federal, State or local laws or regulations [40 CFR 122.41 (g)]. 6. Onshore or Offshore Construction This permit does not authorize or approve the construction of any onshore or offshore physical structures or facilities or the undertaking of any work in any navigable waters. Version 6/2nIMM M NPDES Permit Requirements Page 5 of 16 7. Severability The provisions of this permit are severable. If any provision of this permit, or the application of any provision of thi permit to any circumstances, is held invalid, the application of such provision to other circumstances, and the remainde of this permit, shall not be affected thereby [NCGS 15013-23]. 8. Duty to Provide Information The Permittee shall furnish to the Permit Issuing Authority, within a reasonable time, any information which the Permit Issuing Authority may request to determine whether cause exists for modifying, revoking and reissuing, or terminating this permit or to determine compliance with this permit. The Permittee shall also furnish to the Permit Issuing Authority upon request, copies of records required by this permit [40 CFR 122.41 (h)]. 9. Duty to Reapply If the Permittee wishes to continue an activity regulated by this permit after the expiration date of this permit, the Permittee must apply for and obtain a new permit [40 CFR 122.41 (b)]. 10. Expiration of Permit The Permittee is not authorized to discharge after the expiration date. In order to receive automatic authorization to discharge beyond the expiration date, the Permittee shall submit such information, forms, and fees as are required by the agency authorized to issue permits no later than 180 days prior to the expiration date. 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. Signat= 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: 0) 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 122.221 Version' 6(20/2003 NPDES Permit Requirements Page 6 of 16 c. Changes to authorization: If an authorization under paragraph (b) of this section is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, a new authorization satisfying the requirements of paragraph (b) of this section must be submitted to the Director prior to or together with any reports, information, or applications to be signed by an authorized representative [40 CFR 122.22] d. Certification. Any person signing a document under paragraphs a. or b. of this section shall make the following certification [40 CFR 122.22]: 7 certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations." 12. Permit Actions This permit may be modified, revoked and reissued, or terminated for cause. The filing of a request by the Permittee for a permit modification, revocation and reissuance, or termination, or a notification of planned changes or anticipated noncompliance does not stay any permit condition [40 CFR' 122.41 (0]. 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) (4) may cause this -Division to initiate action to revoke the permit. Section C. - Operation and Maintenance of Pollution_ Controls 1. Certified Operator Upon classification of the permitted facility by the Certification Commission, the Permittee shall employ a certified water pollution control treatment system operator in responsible charge (ORC) of the water pollution control treatment system. Such operator must hold a certification of the grade equivalent to or greater than the classification assigned to the water pollution control treatment system by the Certification Commission. The Permittee must also employ one or more certified Back-up .ORCs who possess a currently valid certificate of the type of the system. Back-up ORCs must possess a grade equal to (or no more than one grade less than) the grade of the system [15A NCAC 8G.0201]. 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 daily, excluding weekends and holidays ➢ Properly manage and document daily operation and maintenance of the facility ➢ Comply with all other conditions of 15A NCAC 8G.0204. Once the facility is classified, the Permittee shall submit a letter to the Certification Commission designating the operator in responsible charge: a. Within 60 calendar days prior to wastewater being introduced into a new system Version 612012003 • NPDES Permit Requirements 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. Bypassing of Treatment Facilities a. Bypass not exceeding limitations [40 CFR 122.41 (m) (2)] The Permittee may allow any bypass to occur which does not cause effluent limitations to be exceeded, but only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the provisions of Paragraphs b. and c. of this section. b. Notice [40 CFR 122.41 (m) (3)] (1) Anticipated bypass. If the Permittee knows in advance of the need for a bypass, it shall submit prior notice, if possible at least ten days before the date of the bypass; including an evaluation of the anticipated quality and effect of the bypass. (2) Unanticipated bypass. The Permittee shall submit notice of an unanticipated bypass as required in Part II. E. 6. (24-hour notice). c. Prohibition of Bypass (1) Bypass from the treatment facility is prohibited and the Permit Issuing Authority may take enforcement action against a Permittee for bypass, unless: (A) Bypass was unavoidable to prevent loss of life, personal injury or severe property damage; (B) There were no feasible alternatives to the bypass, such as the.use of auxiliary treatment facilities, retention of untreated wastes or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate backup equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and (C) The Permittee submitted notices as required under Paragraph b. of this section. (2) Bypass from the collection system is prohibited and the Permit Issuing Authority may take enforcement action against a Permittee for a bypass as provided in any current or future system -wide collection system permit associated with the treatment facility. (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. 0) of this section. 5. Upsets a. Effect of an upset [40 CFR 122.41 (n) (2)]: An upset constitutes an affirmative defense to an action brought for noncompliance with such technology based permit effluent limitations if the requirements of paragraph b. of this condition are met. No determination made during administrative review of claims that Version 612012003 ft ofNPDES Permit Requirements 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) (B) of this permit. (4) The Permittee complied with any remedial measures required under Part II. B. 2. of this permit. d. Burden of proof [40 CFR 122.41 (n) (4)]: . The Permittee seeking to establish the occurrence of an upset has the burden of proof in any enforcement proceeding. 6. Removed Substances Solids, sludges, filter backwash, or other pollutants removed in the course of treatment or control of wastewaters shall be utilized/disposed of in accordance with NCGS 143-215.1 and in a manner such as to prevent any pollutant from such materials from entering waters of the State or navigable waters of the United States. The Permittee shall comply with all existing Federal regulations governing the disposal of sewage sludge. Upon promulgation of 40 CFR Part 503, any permit issued by the Permit Issuing Authority for the utilization/disposal of sludge may be reopened and modified, or revoked and reissued, to incorporate applicable requirements at 40 CFR 503. The Permittee shall comply with applicable 40 CFR 503 Standards for the Use and Disposal of Sewage Sludge (when promulgated) within the time provided in the regulation, even if the permit is not modified to incorporate the requirement. The Permittee shall notify. the Permit Issuing Authority of any significant change in its sludge use or disposal practices. 7. Power Failures The Permittee is responsible for maintaining adequate safeguards (as required by 15A NCAC 2H.0124 — Reliability) to prevent the discharge of untreated or inadequately treated wastes during electrical power failures either by means of alternate power sources, standby generators or retention of inadequately treated effluent. Section D. Monitoring and Records 1. Representative Sampling Samples collected and measurements taken, as required herein, shall be characteristic of the volume and nature of the permitted discharge. Samples collected at a frequency less than daily shall be taken on a day and time that is characteristic of the discharge over the entire period the sample represents. All samples shall be taken at the monitoring points specified in this permit and, unless otherwise specified, before the effluent joins or is diluted by any other wastestream, body of water, or substance. Monitoring points shall not. be changed without notification to and the approval of the Permit Issuing Authority [40 CFR 122.41 (j)]. 2. Reporting Monitoring results obtained during the previous month(s) shall be summarized for each month and reported on a monthly Discharge Monitoring Report (DMR) Form (MR 1, Ll, 2, 3) or alternative forms approved by the Director, postmarked no later than the 28th day following the completed reporting period. The first DMR is due on the last day of the month following the issuance of the permit or in the case of a new facility, on the last day of the month following the commencement of discharge. Duplicate signed copies of these,. and all other reports required herein, shall be submitted to the following address: NC DENR / Division of Water Quality / Water Quality Section ATTENTION: Central Files 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Version 612012003 NPDES Permit Requirements 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 minimum detection and reporting levels that are below the permit discharge requirements and all data generated must be reported down to the minimum detection or lower reporting level of the procedure. If no approved methods are determined capable of achieving minimum detection and reporting levels below permit discharge requirements, then the most sensitive (method with the lowest possible detection and reporting level) approved method must be used. 5. Penalties for Tampering The 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 122.411: a. The date, exact place, and time of sampling or measurements; b. The individual(s) who performed the sampling or measurements; c. The date(s) analyses were performed; d. The individual(s) who performed the analyses; Version 612012003 NPDES Permit Requirements Page 10 of 16 e.- The analytical techniques or methods used; and f. The results of such analyses. 8. Inspection and Entq The Pernttee 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 Permttee's premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of this permit; b. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this permit; c. Inspect at reasonable times any facilities, equipment (including monitoring and -control -equipment), -practices, or operations regulated or required under this permit; and d. Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise authorized by the Clean Water Act, any substances or parameters at any location [40 CFR 122.41 (i)]. Section E Reporting Requirements 1. Change in Discharge All discharges authorized herein shall be consistent with the terms and conditions of this permit. The discharge of any pollutant identified in this permit more frequently than or at a level in excess of that authorized shall constitute a violation of the permit. 2. Planned Changes The Permittee shall give notice to the Director as 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) 0). c. The alteration or addition results in a significant change in the Permittee's sludge use or disposal practices, and such alternation, addition or change may justify the application of permit conditions that are different from or absent in the existing permit, including notification of additional use or disposal sites not reported during the permit application process or not reported pursuant to an approved land application plan. 3. Anticipated Noncompliance The Permittee shall give advance notice to'the Director of any planned changes to the permitted facility or other activities that might result in noncompliance with the permit [40 CFR 122.410) (2)]. 4. Transfers This permit is not transferable to any person except after notice to the Director. The Director may require modification or revocation and reissuance of the permit to document the change of ownership. Any such action may incorporate other requirements as may be necessary under the Clean Water Act [40 CFR 122.41 (1) (3)]. 5. Monitoring Reports Monitoring results shall be reported at the intervals specified elsewhere in this permit [40 CFR 122.41 (1) (4)]. a. Monitoring results must be reported on a Discharge Monitoring Report (DMR) (See Part II. D. 2) or forms provided by the Director for reporting results of monitoring of sludge use or disposal practices. b. If the Pemuttee 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 DM& Version 612012003 M NPDES Permit Requirements Page 11 of 16 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 122.410) (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 p) (7)]. 8. Other Information Where the Permittee becomes aware that it failed to submit any relevant facts in a permit application, or submitted incorrect information in a permit application or in any report to the Director, it shall promptly submit such facts or information [40 CFR 122.410) (8)]. "' 9. Noncompliance Notification The Permittee shall report by telephone to either the central office or the appropriate regional office of the Division as soon as possible, but in no case more than 24 hours or on the next working day following the occurrence or first knowledge of the occurrence of any of the following: a. Any occurrence at the water pollution control facility which results in the discharge of significant amounts of wastes which are abnormal in quantity or characteristic, such as the dumping of the contents of a sludge digester; the known passage of a slug of hazardous substance through the facility; or any' other unusual circumstances. b. Any process unit failure, due to known or unknown reasons, that render the facility incapable of adequate wastewater treatment such as mechanical or electrical failures of pumps, aerators, compressors, etc. c. Any failure of a pumping station, sewer line, or treatment facility resulting in a by-pass directly to receiving waters without treatment of all or any portion of the influent to such station or facility. Persons reporting such occurrences by telephone shall also file a written report within 5 days following first knowledge of the occurrence. 10. Availabih_yt 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 of Water Quality. As required by the Act, effluent data shall not be considered confidential. Knowingly making any false statement on any such report may result in the imposition of criminal penalties as provided for in NCGS 143-215.1(b)(2) or in Section 309 of the Federal Act. 11. Penalties for Falsification of Reports The Clean Water Act provides that any person who knowingly makes any false statement, representation, or certification in any record or other document submitted or required to be maintained under this permit, including monitoring reports or reports of compliance or noncompliance shall, upon conviction, be punished by a fine of Version 612012003 ft 4bNPDES Permit Requirements Page 12 of 16 not more than $25,000 per violation, or by imprisonment for not more than two years per violation, or by both [40 CFR 122.41]. 12. Annual Performance Reports Permittees who own or operate facilities that collect or treat municipal or domestic waste shall provide an annual report to the Permit Issuing Authority and to the users/customers served by the Permittee (NCGS 143-215.1 C). The report shall summarize the performance of the collection or treatment system, as well as the extent to which the facility was compliant with applicable Federal or State laws, regulations and rules pertaining to water quality. The report shall be provided no later than sixty days after the end of the calendar or fiscal year, depending upon which annual period is used for evaluation. PART III OTHER REQUIREMENTS Section A. Construction The Permittee shall not commence construction of wastewater treatment facilities, nor add to the plant's treatment capacity, nor change the treatment process(es) utilized at the treatment plant unless the Division has issued an Authorization to Construct (AtC) permit. Issuance of an AtC will not occur until Final Plans and Specifications for the proposed construction have been submitted by the Permittee and approved by the Division. Section B. Groundwater Monitoring The Permittee shall, upon written notice from the Director of the Division of Water Quality, 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"; 0) 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 0 mg/L) for antimony; (3) Five times the maximum concentration value reported for that pollutant in the permit application. b. That any activity has occurred or will occur which would result in any discharge, on a non -routine 'or infrequent basis, of a toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels'; (1) Five hundred micrograms per liter (500 µg/L); (2) One milligram per liter 0 mg/L) for antimony; (3) Ten times the maximum concentration value reported for that pollutant in the permit application. Section D. Evaluation of Wastewater Discharge Alternatives The Permittee shall evaluate all wastewater disposal alternatives and pursue the most environmentally sound alternative of the reasonably cost effective alternatives. If the facility is in substantial non-compliance with the terms and conditions of the NPDES permit or governing rules, regulations or laws, the Permittee shall submit a report in such form and detail as required by the Division evaluating these alternatives and a plan of action within 60 days of notification by the Division. Section E. Facility Closure Requirements The Permittee must notify the Division at least 90 days prior to the closure of any wastewater treatment system covered by this permit. The Division may require specific measures during deactivation of the system to prevent Version 6/20/2003 F'-] NPDES Permit Requirements 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 MUNCIPAL FACILITIES Section A. Publicly Owned Treatment Works (POTWsI 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 40°C (104°F) unless the Division, upon request of the POTW, approves alternate temperature limits; f. Petroleum oil, nonbiodegradable cutting oil, or products of mineral oil origin in amounts that will cause interference or pass through; g. Pollutants which result in the presence of toxic gases, vapors, or fumes within the POTW in a quantity that may cause acute worker health and safety problems; h. Any trucked or hauled pollutants, except at discharge points designated by the POTW. 3. With regard to the effluent requirements listed in Part I of this permit, it may be necessary for the Permittee to supplement the requirements of the Federal Pretreatment Standards (40 CFR, Part 403) to ensure compliance by the Permittee with all applicable effluent limitations. Such actions by the Permittee may be necessary regarding some or all of the industries discharging to the municipal system. 4. The Permittee shall require any industrial discharges sending influent to the permitted system to meet Federal Pretreatment Standards promulgated in response to Section 307(b) of the Act. Prior to accepting wastewater from any significant industrial user, the Permittee shall either develop and submit to the Version &20/2003 NPDES Permit Requirements Page 14 of 16 Division a Pretreatment Program for approval per 15A NCAC 2H .0907(a) or modify an existing Pretreatment Program per 15A NCAC 2H .0907(b). 5. This permit shall be modified, or alternatively, revoked and reissued, to incorporate or modify an approved POTW Pretreatment Program or to include a compliance schedule for the development of a POTW Pretreatment Program as required under Section 402(b)(8) of the Clean Water Act and implementing regulations or by the requirements of the approved State pretreatment program, as appropriate. Section C. Pretreatment Programs Under authority of sections 307(b) and (c) and 402(b)(8) of the Clean Water Act and implementing regulations 40 CFR Part 403, North Carolina General Statute 143-215.3 (14) and implementing regulations 15A NCAC 2H .0900, and in accordance with the approved pretreatment program, all provisions and regulations contained and referenced in the Pretreatment Program Submittal are an enforceable part of this permit. The Permittee shall operate its approved pretreatment program in accordance with Section 402(b)(8) of the Clean Water Act, the Federal Pretreatment Regulations 40 CFR Part 403, the State Pretreatment Regulations 15A NCAC 2H .0900, and the legal authorities, policies, procedures, and financial provisions contained in its pretreatment program submission and Division approved modifications there of. Such operation shall include but is not limited to the implementation of the following conditions and requirements: 1. Sewer Use Ordinance (SUOI The Permittee shall maintain adequate legal authority to implement its approved pretreatment program. 2. Industrial Waste Survey (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 II, Section D, and Section E.S.). 4. Headworks Analysis (HWA) 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 122.42]. 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 (IUP) & Allocation Tables In accordance with NCGS 143-215.1, the Permittee shall issue to all significant industrial users, permits for operation of pretreatment equipment and discharge to the Permittee's treatment works. These permits shall contain limitations, sampling protocols, reporting requirements, appropriate standard and special conditions, and compliance schedules as necessary for the installation of treatment and control technologies to assure that their wastewater discharge will meet all applicable pretreatment standards and requirements. The Permittee shall maintain a current Allocation Table (AT) which summarizes the results of the Headworks Analysis (HWA) and the limits from all Industrial User Pretreatment Permits (IUP). Permitted IUP loadings for each parameter cannot exceed the treatment capacity of the POTW as determined by the HWA. Version 612012003 u NPDES Permit Requirements Page 15 of 16 6. Authorization to Construct (A to C) 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. POTW Inspection & Monitoring of their SIUs The Permittee shall conduct inspection, surveillance, and monitoring activities as described in its Division approved pretreatment program in order to determine, independent of information supplied by industrial users, compliance with applicable pretreatment standards. The Permittee must: a. Inspect all Significant Industrial Users (SIUs) at least once per calendar year; and b. Sample all Significant Industrial Users (SIUs) at least twice per calendar year for all permit - limited pollutants, once during the period from January 1 through June 30 and once during the period from July 1 through December 31, except for organic compounds which shall be sampled once per calendar year; 8. SIU Self Monitoring and Reporting The Permittee shall require all industrial users to comply with the applicable monitoring and reporting requirements outlined in the Division approved pretreatment program, the industry's pretreatment permit, or in 15A NCAC 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 CFR 405 et. seq.), prohibitive discharge standards as set forth in 40 CFR 403.5 and 15A NCAC 2H .0909, and specific local limitations. All enforcement actions shall be consistent with the Enforcement Response Plan (ERP) approved by the Division. 10. Pretreatment Annual Reports (PAR) The Permittee shall report to the Division in accordance with 15A NCAC 2H .0908. In lieu of submitting annual reports, Modified Pretreatment Programs developed under 15A NCAC 2H .0904 (b) may be required to meet with Division personnel periodically to discuss enforcement of pretreatment requirements and other pretreatment implementation issues. For all other active pretreatment programs, the Permittee shall submit two copies of a Pretreatment Annual Report (PAR) describing its pretreatment activities over the previous twelve months to the Division at the following address: NC DENR / DWQ / Pretreatment Unit 1617 Mail Service Center Raleigh, NC 27699-1617 These reports shall be submitted according to a schedule established by the Director and shall contain the following: a.) Narrative A brief discussion of reasons for, status of, and actions taken for all Significant Industrial Users (SIUs) in Significant Non -Compliance (SNC); b.) Pretreatment Program Summary (PPS) A pretreatment program summary (PPS) on specific forms approved by the Division; c.) Significant Non -Compliance Report (SNCR� The nature of the violations and the actions taken or proposed to correct the violations on specific forms approved by. the Division; d.) Industrial Data Summary Forms (IDSF) Version 612012003 ft NPDES Permit Requirements Page 16of16 Monitoring data from samples collected by both the POTW and the Significant Industrial User (SIU). These analytical results must be reported on Industrial Data Summary Forms (IDSF) or other specific format approved by the Division; e.) Other Information Copies of the POTW's allocation table, new or modified enforcement compliance schedules, public notice of SIUs in SNC, and any other information, upon request, which in the opinion of the Director is needed to determine compliance with the pretreatment implementation requirements of this permit; 11. Public Notice The Permittee shall publish annually a list of Significant Industrial Users (SIUs) that were in Significant Non -Compliance (SNC) as defined in the Permittee's Division approved Sewer Use Ordinance with applicable pretreatment requirements and standards during the previous twelve month period. This list shall be published within four months of the applicable twelve-month period. 12. Record Keeping The Permittee shall retain for a minimum of three years records of monitoring activities and results, along with support information including general records, water quality records, and records of industrial impact on the POTW. 13. Funding and Financial Report The Permittee shall maintain adequate funding and staffing levels to accomplish the objectives of its approved pretreatment program. 14. Modification to Pretreatment Programs Modifications to the approved pretreatment program including but not limited to local limits modifications, POTW monitoring of their Significant Industrial Users (SIUs), and Monitoring Plan modifications, shall be considered a permit modification and shall be governed by 15 NCAC 2H .0114 and 15A NCAC 2H.0907.. Version 612012003 d MCDENR North Carolina Department of Environment and Natural Resources Beverly Eaves Perdue Governor Division of Water Quality Coleen H. Sullins Director R BELVIN HALL ASSISTANT DIRECTOR - MAINTENANCE BUNCOMBE COUNTY PUBLIC SCHOOLS 175 BINGHAM ROAD ASHEVILLE NC 28806 Dear Mr. Hall: June 10, 2010 Dee Freeman Secretary Subject: Receipt of permit renewal application NPDES Permit NCO066796 Leicester Elementary School Buncombe County The NPDES Unit received your.permit renewal application on May 21, 2010. A member of the NPDES Unit will review your application. They will contact you if additional information is required to complete your permit renewal. You should expect to receive a draft permit approximately 30-45 days before your existing permit expires. If you have any additional questions concerning renewal of the subject permit, please contact -Maureen Scardina at (919) 807-6388. Sincerely, Dina Sprinkle Point Source Branch cc: CENTRAL FILES ish7ille�ReglQal • ffice/Surface Water Protection NPDES Unit 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 Phone: 919-807-63001 FAX: 919-807-6492 \ Customer Service: 1-877-623-6748 Internet: www.navaterquality.org An Equal Opportunity i Affirmative Action Employer Mtn n,:,t,i�»�.�aF.•*�r.�.,..r ��.,.�ua.V;,r..s,.:u�._..i a.......-r„,.vrm+w�e•+�.». .... w. 4 J NorthCarolina Naturallb, BUNCOMBE COUNTY PUBLIC MAINTENANCE DEPARTMENT 175 Bingham Rd. ASHEVILLE, NC 28806 y. caR - TELEPHONE (828) 232-4244 FAX (828) 232-4249 May 18, 2010 Mrs. Dina Sprinkle NCDEHNR/Water Quality/NPDES Unit 1617 Mail Service Center - Raleigh, NC 27699-1617 RE: NPDES Permit Applications Buncombe County Schools Please find enclosed applications for permit renewals concerning Buncombe County Board of Education WWTP's. The BOE would formally like to request renewal of the following permits: North Buncombe High School _ NC0061182 North Buncombe Elementary School NC0073814 Fairview Elementary N06�67g Leicester Elementary NC0066788 -Cane Creek Middle School - NCO086436 Also enclosed is the sludge handling procedures as specified by our contractor operator, RPB Systems.Please contact me at the above numbers if you have questions or concerns. Respectfully: . R. Belvin Hall — Assistant Director Maintenance Enc. (6) - E C . k' D ► Cc:. Mr. -Gregg Fox r �.I s, Mr. Clark Wyatt } J U N 1.. 4 2010 Mr. Bob Barr — RPB Systems t —J File ( WATER (QUALITY SECTION � OFFICE - ASHE`,-�tLLE REGIGNAI" 5 KPDES APPLICATION - FORM D For privately owned treatment systems treating 100% domestic wastewaters <1.0 MGD Mail the complete application to: N. C. DENR / Division of Water Quality / NPDES Unit 1617 Mail Service Center, Raleigh, NC- 27699-1617 NPDES Permit 000066796 If you are completing this form in computer use the TAB key or the up - down arrows to move from one field to the next. To check the boxes, click your mouse on top of the box. Otherwise, please print or type. 1. Contact Information: Owner Name Buncombe. County Board of Education Facility Name - Leicester Elementary School Mailing Address 175 Bingham Road City Asheville State / Zip Code NC 28806 Telephone Number (828)232-4244 Fax Number (828)232-4249 e-mail Address 2. Location of facility producing discharge: Check here if -same address as above ❑ - Street Address or State Road 31 Gilbert Road City Leicester State / Zip Code NC 28748 County Buncombe POINT 217 3. Operator Information: Name of the firm, public organization or other entity that operates the facility. (Note that this is not .referring'to the Operator in Responsible Charge or ORC) Name Buncombe County Board of Education Mailing Address 1-75 Bingham Road City Asheville State / Zip Code NC 28806 Telephone Number 828)232-4244 Fax Number (828)232-4249 1 of 3 Form-D 05/08 NPDES APPLICATION - FORM Ij For privately owned treatment systems treating 100% domestic wastewaters <1.0.MGD - 4. Description of wastewater: Facility Generating Wastewater(check all that apply): Industrial ❑ Number of Employees Commercial- ❑ Number of Employees Residential ❑ Number of Homes School X Number of Students/Staff 629 Other ❑ Explain: Describe the source(s) of wastewater (example: subdivision, mobile home park, shopping centers, restaurants, etc.): Educational Facility Population served: 629 S. Type of collection system . X Separate (sanitary sewer only)- ❑ Combined (storm sewer and sanitary sewer) 6. Outfall Information: Number of separate discharge points 1 . Outfall Identification number(s) 001 Is the outfall equipped with a diffuser? ❑ Yes X No 7. Name of receiving stream(s) (Provide a map showing the exact location of each outfall): Sluder Branch S. Frequency of Discharge: X Continuous ❑ Intermittent If intermittent: Days per week discharge occurs: Duration: — 9. Describe the treatment system. List all installed components, including capacities, provide design removal for BOD, TSS, nitrogen and phosphorus. If the space provided is not sufficient, attach the description of the treatment system in a separate sheet of paper. Leicester Elementary. wastewater treatment system is a Class -I 0.0057 MGD facility consisting of a 10000 gallon -septic tank, 3000 gallon dosing tank with dual siphons, surface sand filter, chlorination and-dechlorination equipment and chlorine contact chamber. 2of3 Form-D 05/08 F �PDES APPLICATION - FORM D For privately owned treatment systems. treating 100% domestic wastewaters <1.0 MGD 10. Flow Information: - Treatment. Plant Design flow 0.0057 MGD Annual Average daily flow 0.0032 MGD (for the previous 3 years) Maximum daily flow 0.0040 MGD (for the previous 3 years) 11. Is this facility located on Indian,country? ❑ Yes X No 12. Effluent Data Provide data for the parameters listed. Fecal Coliform, Temperature and pH shall be grab samples, for all other parameters 24-hour composite sampling shall be used. If more than one analysis is reported, report daily maximum and monthly average. -If only one analysis is reported, report as daily maximum. Parameter Daily Maximum Monthly Average Units of . Measurement Biochemical Oxygen Demand (BOD5) 14.7 10.7 mg/l Fecal Coliform 9.1 2.5 col/ 100 ml Total Suspended Solids 12.8 8.5 mg/l Temperature 17.0 16.0 ° C . . pH 6.4 6.1 standard units 13. List all permits, construction approvals and/or applications: Type Permit Number Type Hazardous Waste (RCRA) NESHAPS (CAA) UIC (SDWA) Ocean Dumping (MPRSA) NPDES NCO066796 Dredge or fill (Section 404 or CWA) PSD (CAA) Other Non -attainment program (CAA) 14. APPLICANT CERTIFICATION Permit Number. 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. Printed name of Person Signing Title Signature 'of Applicant Date North Carolina General Statute 143-215.6 (b)(2) states: Any person who knowingly makes any false statement representation, or certification in any application, record, report, plan, or other document files or required to be maintained under Article 21 or regulations of the Environmental Management Commission implementing that Article, or who falsifies, tampers with, or knowingly renders inaccurate any recording or monitoring device or method required to be operated or maintained under Article 21 or regulations of the Environmental Management Commission implementing that Article, shall be guilty of a misdemeanor punishable by -a fine not to exceed $25,000, or by imprisonment not to exceed six months, or by both. (18 U.S.C. Section 1001 provides a punishment by a fine of not more than $25,000 or imprisonment not more than 5 years, or both, for a similar offense.) 3 of 3 Form-D 05/08 — - wwwspbsystems.com RPB'- S-Stems - P.O. Box 1325 •Asheville, NC 28802 Construction Services ContractOperations • Maintenance (828) 251-1900 (828) 251-1945 Fax May 12, 2010 Mr. Belvin Hall Buncombe Schools 175 Bingham Road Asheville, NC 28806 Re: Sludge Hauling for.Buncombe County School Treatment Plants Belvin, This letter is per our discussion to clarify your sludge managementplan for your, schools'treatment plants as required for your permit renewals. Currently we utilize Mikes .Lusk Septic -Hauling who has'an-agreement with MSD of Buncombe_ County to dispose of stabilized sludge at the, receiving station located at the MSD facility in Asheville. Mike hauls sludge for the following_ - facilities: Buncombe County Schools -North Buncombe High School NCO061182 Buncombe County Schools -North Buncombe Elementary School 14C0073814 Buncombe County Schools -Fairview Elementary School N0006676 Buncombe County Schools -Leicester Elementary School - NCO066788 Buncombe County Schools -Cane Creek Elementary School NCO086436 trust this will be sufficient for regulatory review of your permit renewals. If you. have any questions or concerns, please contact us anytime. Sincerely, Robert Barr. _ Cc: File � O�O� W AT �RPG r February 6, 2007 Mr. Belvin Hall Assistant Director, Maintenance Department Buncombe County Schools 167 Craven Street Asheville, NC 28806 Dear Mr. Hall: Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources "'Division of Water Quality £5 ; LE � k t f � I� F E B - 9 2007 ?` WATER QUPI'TY ASH`=VILLL f SUBJECT: Authorization to Construct A to C No. 066796A01 Leicester Elementary School WWTP Dechlorination Facilities Buncombe County A fast track application for Authorization to Construct dechlorination facilities was received on February 1, 2007, by the Division. Authorization is hereby granted for the construction of modifications to the existing Leicester Elementary School WWTP with discharge of treated wastewater into Sluder Branch in the French Broad River Basin. This authorization results in no increase in design or permitted capacity and is awarded for the construction of the following specific modifications: Installation of a dechlorination system utilizing sodium bisulfite pursuant to the fast track application received on February 1, 2007, and in conformity with the" Minimum Design Criteria for Dechlorination Facilities. This Authorization to Construct is issued in accordance with Part III, Paragraph A of NPDES Permit No. NCO066796 issued December 29, 2005, and shall be subject to revocation unless the wastewater treatment facilities are constructed in accordance with the conditions and limitations specified in Permit No. NC0066796. In the event that the facilities fail to perform satisfactorily, including the creation of nuisance conditions, the Permittee shall take immediate corrective action, including those as may be required by this Division, such as the construction of additional or replacement wastewater treatment or disposal facilities. The Asheville Regional Office, telephone number (828) 296-4500, shall be notified at least forty-eight (48) hours in advance of operation of the installed facilities so that an on site None Carolina Naiurallly North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone (919) 733-7015 Customer Service Internet: h2o.enr.state.nc.us 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 Mr. Hall February 6, 2007 Page 2 inspection can be made. Such notification to the regional supervisor shall be made during the normal office hours from 8:00 a.m. until 5:00 p.m. on Monday through Friday, excluding State Holidays. Pursuant to 15A NCAC 2H .0140, upon completion of construction and prior to operation of these permitted facilities, the completed Engineering Certification form attached to this permit shall be submitted to the address provided on the form. Upon classification of the facility by the Certification Commission, the Permittee shall employ a certified wastewater treatment plant operator to be in responsible charge (ORC) of the wastewater treatment facilities. The operator must hold a certificate of the type and grade at least equivalent to or greater than the classification assigned to the wastewater treatment facilities by the Certification Commission. The Permittee must also employ a certified back-up operator of the appropriate type and grade to comply with the conditions of T15A:8G.0202. The ORC of the facility must visit each Class I facility at least weekly and each Class R, III and IV facility at least daily, excluding weekends and holidays, must properly manage the facility, must document daily operation and maintenance of the facility, and must comply with all other conditions of T15A:8G.0202. I A copy of the approved plans and specifications shall be maintained on file by the Permittee for the life of the facility. During the construction of the proposed additions/modifications, the permittee shall continue to properly maintain and operate the existing wastewater treatment facilities at all times, and in such a manner, as necessary to comply with the effluent limits specified in the NPDES Permit. You are reminded that it is mandatory for the project to be constructed in accordance with the North Carolina Sedimentation Pollution Control Act, and, when applicable, the North Carolina Dam Safety Act. In addition, the specifications must clearly state what the contractor's responsibilities shall be in complying with these Acts. Failure to abide by the requirements contained in this Authorization to Construct may subject the Permittee to an enforcement action by the Division of Water Quality in accordance with North Carolina General Statute 143-215.6A to 143-215.6C. The issuance of this Authorization to Construct does not preclude the Permittee from complying with any and all statutes, rules, regulations, or: ordinances which may be imposed by other government agencies (local, state, and federal) which have jurisdiction. Mr. Hall February 6, 2007 Page 3 If you have any questions or need additional information, please do not hesitate to contact Cecil G.. Madden, Jr., P.E. at telephone number (919) 715-6203. Sincerely, �' G/ ` AV/ 1� Alan . HIimek, .E. l AR/cgm cc: John T. Coxey, P.E., Consulting Engineering, P.A. Buncombe Countv Health Department Assistance and Certification U Daniel Blaisdell, P.E. Point Source Branch, NPDES Program Cecil G. Madden, Jr., P.E. Anita Reed, E.I. A to C File Buncombe County Schovi,5 Leicester Elementary School WWTP A to C No. 066796AOI February 6, 2007 Otsi ?? Engineer's Certification LOAN Kcli lrm as a duly registered Professional Engineer in the State of North Carolina, having been authorized to observe perioica �+/weekly/full time) the construction of the modifications and improvements to the Leicester Elementary School WWTP located on Gilbert Road in Buncombe County for the Buncombe County Schools, hereby state that, to the best of my abilities, due care and diligence was used in the observation of the following construction: Installation of a dechlorination system utilizing sodium bisulfate pursuant to the fast track application received on February 1, 2007, and in conformity with the Minimum Design Criteria for Dechlorination Facilities. I certify that the construction of the above referenced project was observed to be built within substantial compliance and intent of the approved plans and specifications. Signature d' r Registration No. �_�3 Date f Send to: Construction Grants & Loans DENR/DWQ 1633 Mail Service Center Raleigh, NC 27699-1633 tttt i l ! JA N 1 8 2008 L WATER QUALITY SECTION ASHEVILLE REGIONAL OFFICE 1 RC®ENR North Carolina Department of Environment and Natural Resources G Governor April 23, 2013 Belvin Hall Buncombe County Schools 175 Bingham Rd Asheville NC 28806 Division of Water Quality Charles Wakild, P.E. Director SUBJECT: Compliance Sampling Inspection Leicester Elementary School WWTP Permit No: NCO066796 Buncombe County Dear Mr. Hall: John E. Skvarla, III Secretary On April 10, 2013, a Compliance Sampling Inspection was performed at the subject wastewater facility. Present during the inspection was Todd Moore with RPB Systems, Inc. The facility was found to be in Compliance with permit NC0066796. Please refer to the enclosed inspection report for additional observations and comments. If you or your staff have any questions, please call me at 828-296-4500. Sincerely, Linda Wiggs Environmental Senior Specialist Asheville Regional Office Enclosure cc: RPB Systems, ORC Central Files i"e0-4±e�Fi1� S:\SWP\Buncombe\Wastewater\Minors\Leicester Elementary 66796\CSI.Apri12013.doc SURFACE WATER PROTECTION —ASHEVILLE REGIONAL OFFICE Location: 2090 U.S. Highway 70, Swannanoa, NC 28778 Phone: (828) 296-4500\FAX: 828 299-7043 Internet: www.ncwaterguality.org Nne orthCarolina N%ut liff United States Environmental Protection Agency Form Approved. Washington, D.C. 20460 EPA OMB No.2040-0057 Approval expires 8-31-98 Section A: National Data System Coding (i.e., PCS) Transaction Cade NPDES yr/mo/day Inspection Type Inspector Fac Type 1 I N I 2 15 I 31 NC0066796 111 121 13/04/10 117 18I S I 19I S I 20I I Remarks 211111111111111111111111111111 III I IIII IIII III 11116 Inspection Work Days Facility Self -Monitoring Evaluation Rating B1 QA -----------------Reserved— --- —--- --------- 67I 169 70131 711 I 721 NJ 73 L Lj 74 75I 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) 10:25 AM 13/04/10 11/01/01 Leicester Elementary School Exit Time/Date Permit Expiration Date NCSR 1615 Gilbert Rd Leicester NC 28748 11:20 AM 13/04/10 15/12/31 Name(s) of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data Name, Address of Responsible Official/Title/Phone and Fax Number Contacted Larry McCallum, 175 Bingham Rd Asheville NC 28806//828-255-5921/8282555923 Yes Section C: Areas Evaluated During Inspection (Check only those areas evaluated) Permit E Operations & Maintenance 0 Facility Site Review ® Effluent/Receiving Waters Section D: Summary of Finding/Comments Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s) and Signature(s) of Inspector(s) Agency/Office/Phone and Fax Numbers Date f Linda S Wiggs ARO WQ//828-296-4500 Ext.4653/'Ad_�41 / /,.� 1 /7 Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date EPA Form 3560-3 (Rev 9-94) Previous editions are obsolete. Page # 1 NPDES yr/molday Inspection Type 3I NCO066796 111 12, 13/04/10 117 181S Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) Sample results are as follows: BOD 14 mg/I Fecal Coliform 1 col./100 ml TSS 21 mg/I Effluent pH 7.16 su (Inspector) Effluent pH 7.46 su (ORC) Page # 2 NCO066796 04/10/2013 Operations & Maintenance Owner - Facility: Leicester Elementary School Inspection Type: Compliance Sampling Yes No NA NE Is the plant generally clean with acceptable housekeeping? ®❑ fl Does the facility analyze process control parameters, for ex: MLSS, MCRT, Settleable Solids, pH, DO, Sludge lig 0 ❑ Ell Judge, and other that are applicable? Comment: Permit (If the present permit expires in 6 months or less). Has the permittee submitted a new, application? Is the facility as described in the permit? # Are there any special conditions for the permit? Is access to the plant site restricted to the general public? Is the inspector granted access to all areas for inspection? Comment: Septic Tank (If pumps are used) Is an audible and visual alarm operational? Is septic tank pumped on a schedule? Are pumps or syphons operating properly? Are high and low water alarms operating properly? Yes No NA NE nn®n ®nnn n■nn ®[lnn ®nnn Yes No NA NE nn■n Comment: ORC checks solid level with sludge judge —1 month. Sand Filters (Low rate) Yes No NA NE (If pumps are used) Is an audible and visible alarm Present and operational? n n ■ n Is the distribution box level and watertight? ❑ ❑ ® ❑ Is sand filter free of ponding? ® ❑ Is the sand filter effluent re -circulated at a valid ratio? o ❑ ® n # Is the sand filter surface free of algae or excessive vegetation? ® Q ❑ n # Is the sand filter effluent re -circulated at a valid ratio? (Approximately 3 to 1) 0 0 ■ 0 Comment: No pond ing or excessive vegetation was noted, however the distribution lines and sandfilter cannot actually be seen. The filter beds are covered with gravel. Disinfection -Tablet Yes No NA NE Are tablet chlorinators operational? ® 0 fl I] Are the tablets the proper size and type?- ' fl 0 O Number of tubes in use? 1 Is the level of chlorine residual acceptable? 0 ❑ I] Page # 3 Permit: NCO066796 Owner - Facility: Leicester Elementary School Inspection Date: 04/10/2013 Inspection Type: Compliance Sampling Disinfection -Tablet Is the contact chamber free of growth, or sludge buildup? Is there chlorine residual prior to de -chlorination? Comment: De -chlorination Type of system ? Is the feed ratio proportional to chlorine amount (1 to 1)? Is storage appropriate for cylinders? # Is de -chlorination substance stored away from chlorine containers? Comment: Are the tablets the proper size and type? Are tablet de -chlorinators operational? Number of tubes in use? Comment: The dechlorination tank had excessive green sludge buildup. ORC has not been able to clean out dechlorination tank due to a frozen hose, but will clean it out ASAP. Inspector was concerned about the green sludge and the 3 to 1 dosing of chemicals. ORC states the effluent sits in the chlorine contact tank for extended periods and he has to use this ratio to offset the chlorine levels. Is right of way to the outfall properly maintained? Are the receiving water free of foam other than trace amounts and other debris? If effluent (diffuser pipes are required) are they operating properly? Comment: Effluent pipe is miles away. ORC is not sure where it it is located. Yes No NA NE Tablet 00®O 00®O 00®O WOOO ®nnn 3 Yes No NA NE Page # 4 DIVISION OF ENVIRONMENTAL MANAGEMENT WATER QUALITY FIELD -LAB FORM (DM1) COUNTY 6,1 l r PRIORITY RIVER BASIN ❑AMBIENT ®y)p REPORT TO: 'R FRO MRO RRO WaRO WiRO WSRO TS AT BM � COMPLIANCE ❑ CHAIN Other OF CUSTODY Shipped by: Bus Courier, Staff, Other ❑ EMERGENCY COLLECTOR(S): Estimated BOD Range: 0-5/5-25/25-65/40-130 or 100 plus STATION LOCATION: - Seed: Yes ❑ No ❑ Chlorinated: Yes q No ❑ REMARKS: / ,Q SAMPLE TYPE ® STREAM /7uEFFLUENT a ❑ LAKE ❑INFLUENT ❑ ESTUARY Vn rah n.e nr:r v Lab Number: Date Received: Time: Rec'd by: From: Bus -Courier -Hand Del DATA ENTRY BY: CK: DATE REPORTED: Station #egin 'T Date B(yy/mm/dd) Time Begin Date End Time End Depth DM DB DBM Value Type Composite Sample T e fZ-006& Cll. A H L. T S B C G GNXX 1 BOD5 310 mg/I 2 COD High 340 In 3 COD Low 335 mg/I 4 Coliform: MF Fecal 31616 /IOOml 5 Coliform: MF Total 31504 /100ml 6 Coliform: Tube Fecal 31615 /100ml 7 Coliform: Fecal Strep 31673 /100ml 8 Residue: Total 500 mg/I 9 Volatile 505 mg/I 10 Fixed 510 mg/I 11 Residue: Suspended 530 mg/I 12 Volatile 535 mg/I 13 Fixed 540 mg/I 14 pH 403 units fl 5 Acidity to pH 4.5 436 mg/I 16 Acidity to pH 8.3 435 mg/I 17 Alkalinity to pH 8.3 415 mg/I 18 Alkalinity to pH 4.5 410 mg/1 19 TOC 680 mgA 201 Turbidity 76 NTU Chloride 940 mg/I Chi a: Tri 32217 ug/I Chl. a: Corr 32209 ug/I Pheophytin a 32213 ug/I Color: True 80 Pt -Co Color:(pH ) 83 ADMI Color: pH 7.6 82 ADMI Cyanide 720 mg/1 Fluoride 951 mg/I Formaldehyde 71880 mg/I Grease and Oils 556 mg/I Hardness Total900 mg/1 Specific Cond. 95 -uMhos/cm? MBAS 38260 mg/1 Phenols '32730 ug/I Sulfate 945 mgA Sulfide 745 mg/I NH3 as N 610 mg/I TKN as N 625 mg/I NO2 plus NOS as N 630 mg/I P: Total as P 665 mg/I PO4 as P 70507 mg/I P: Dissolved as P 666 mg/l CdCadmium 1027 ug/I Cr-Chromium:Total1034 ug/I Cu-Copper 1042 ug/I Ni-Nickel 1067 ug/I Pb-Lead 1051 ugA Zn-Zinc 1092 ugA Ag-Silver 1077 ugA Al -Aluminum 1105 ug/I Be -Beryllium 1012 ug/I Ca -Calcium 916 mg/I Co -Cobalt 1037 ug/l Fe -Iron 1045 ug/I Li -Lithium 1132 ug/I Mg -Magnesium 927 mg/1 Mn-Manganese 1055 ug" Na-Sodium 929 mg Arsenic -Total 1002 ug/I Se -Selenium 1147 ug/I Hg-Mercury 71900 ug/I Organochlorine Pesticides Organophosphorus Pesticides I I Acid Herbicides I I Base/ Neutral Extractable Organics I Purgeable Organics (VOA bottle reg'd) I I I Phytoplankton I Sampling Point % Conductance at 25 C Water Temperature (C) D.O. mg/1 pH Alkalinity Acidity Air Temperature (C) pH 8.3 pH 4.5 pH 4.5 pH 8.3 2 94 10 300 10 400 10 82244 82243 82242 20 Salinity % Precipition On/day) Cloud Cover % Wind Direction (Deg) Stream Flow Severurbidity t43501 Severity Wind Velocity M/H can Stream Depth ft. Stream Width ft. 486 45 32 36 1351 35 64 4 DM1/Revised 10/86 United States Environmental Protection Agency Form Approved. EPA Washington, D.C. 20460 OMB No. 2040-0057 Water Compliance Inspection Report Approval expires 8-31-98 Section A: National Data System Coding (i.e., PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 INI 2 15 I 31 NCO066796 111 121 13/04/02 117 18I C I 19 LI 20I II Remarks 211 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I 11 Jill 11161 Inspection Work Days Facility Self -Monitoring Evaluation Rating B1 QA ---- —--------------------- Reserved ---------------------- 67I 169 70III 711 I 72I N 73I 174 751 I I I I I I 180 —j t�Il 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) Leicester Elementary School 10:00 AM 13/04/02 11/01/01 Exit Time/Date Permit Expiration Date NCSR 1615 Gilbert Rd Leicester NC 28748 10:30 AM 13/04/02 15/12/31 Name(s) of Onsite Representative (s)/Titles(s)/Phone and Fax Number(s) Other Facility Data Name, Address of Responsible Official/Title/Phone and Fax Number Contacted Larry McCallum,175 Bingham Rd Asheville NC 28806//828-255-5921/8282555923 No Section C: Areas Evaluated During Inspection (Check only those areas evaluated) Permit 0 Operations & Maintenance N Facility Site Review ■ Effluent/Receiving Waters Section D: Summary of Finding/Comments Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s) and Signature(s) of Inspector(s) Agency/Office/Phone and Fax Numbers Date Linda S Wiggs ARO WQ//828-296-4500 Ext.4653/ Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date EPA Form 3560-3 (Rev 9-94) Previous editions are obsolete. Page # 1 =S N CO066796 yr/mo/day Inspection Type 11 12I 13/04/02 I17 18i I Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) Page # 2 it: NCO066796 niaNccuUn vase: 04l02/2013 Owner -Facility: Leicester Elementary School Inspection Type: Compliance Evaluation 61), 5 Operations & Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? ❑ ❑ ❑ ❑ Does the facility analyze process control parameters, for ex: MLSS, MCRT, Settleable Solids, pH, DO, Sludge ❑ ❑ ❑ ❑ Judge, and other that are applicable? Comment: Permit Yes No NA NE (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: (If pumps are used) Is an audible and visual alarm operational? Is septic tank pumped on a schedule? Are pumps or syphons operating properly? Are high and low water alarms operating properly? Comment: Sand Filters (Low rate) (If pumps are used) Is an audible and visible alarm Present and operational? Is the distribution box level and watertight? Is sand filter free of ponding? Is the sand filter effluent re -circulated at a valid ratio? # Is the sand filter surface free of algae or excessive vegetation? # Is the sand filter effluent re -circulated at a valid ratio? (Approximately 3 to 1) Comment: Disinfection -Tablet Are tablet chlorinators operational? Are the tablets the proper size and type? Number of tubes in use? Is the level of chlorine residual acceptable? Yes No NA NE ❑ ❑"W ❑ ❑ ❑ THY ❑ Yes No NA NE ❑ ❑ ❑ ❑❑❑ ❑ ❑ ❑ 17-11 Page # 3 t: NC0066796 inspection uate: 04/02/2013 Disinfection -Tablet Is the contact chamber free of growth, or sludge buildup? Is there chlorine residual prior to de -chlorination? Comment: De -chlorination Type of system ? Is the feed ratio proportional to chlorine amount (1 to 1)? Owner - Facility: Leicester Elementary School Inspection Type: Compliance Evaluation 3 �/V Is storage appropriate for cylinders? # Is de -chlorination substance stored away from chlorine containers? Comment: Comment: Are the tablets the size and type" proper Are tablet de -chlorinators operational?`'�-�j� 6 Yes No NA NE Number of tubes in use? Comment: 51 1 �'5� /J %_ Effluent Pipe S' GG,/ d "S `� �9 Yes No A NE Is right of way to the outfall properly maintained? ❑ ❑ ❑ Cl -�Z Are the receivin water -fro" -foam -other than trace amounts and --other debris? ❑ ❑ ❑ ❑ If effluent (diffuser pioes are required) are they operating properly?�, ❑ El [1 ❑ 1 Comment: 74 Page # 4 `r NCDENR North Carolina Department of Environment and Natural Resources Beverly Eaves Perdue Governor LARRY MCCALLUM 175 BINGHAM RD ASHEVILLE NC 28806 Dear Mr. McCallum: Division of Water Quality Coleen H. Sullins Director April 18, 2012 Dee Freeman Secretary SUBJECT: Payment Acknowledgment Civil Penalty Assessment eacester�+ElementarySSchoo'lr Permit Number: NCO066796 Case Number409- 0*M04W Buncombe County This letter is to acknowledge receipt of check number 23531 in the amount o ''4:$:'-7,:-0.0� received from you dated April 9, 2012. This payment satisfies in full the above civil assessment leviedgahik the subject facility, and .this case has been closed. Payment of this penalty in no way precludes future action by this Division for additional violations of the applicable Statutes, Regulations, or Permits. If you have any questions, please call Bob Guerra at 919-807-6387 . Sincerely, ��4M*Z' /I Dina Sprinkle cc: Central Files _ + -W `Asheville-Reg=ional Office�Supervisor 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 Phone: 919-807-63001 FAX: 919-807-64921 Customer Sevice:1-877-623-6748 Internet: www.ncwateraualitv.orq An Equal Opportunity 1 Affirmative Action Employer t'-i �� �� 1� I� jl •. '-, - One' ..:.:;North.Carolina� :_w Y aturat`il pppppp� cj�t')h�a CDEN North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman Governor Director Secretary March 19, 2012 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. R. Belvin Hall, Assistant Director, Maintenance Buncombe County Schools 175 Bingham Road Asheville, North Carolina 28806 SUBJECT: Notice of Violation and Assessment of Civil Penalty for Violations of North Carolina General Statute (G.S.) 143-215.1(a)(6) and NPDES Permit NCO066796 Buncombe County Schools ercF e ter E'leinetary School WWTP Case No IfV�2- 61 00.4�'�4 Buncombe County K� Dear Mr. Hall: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of-3,4-8:7_.00 ($350.00 civil penalty + $137.00 enforcement costs) against Buncombe County Schools.` This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report (DMR) submitted by Buncombe County Schools for the month of September 2011. This review has shown the subject facility to be in violation of the discharge limitations and/or monitoring requirements found in NPDES Permit NC0066796. The violations which occurred in September 2011 are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that Buncombe County Schools violated the terms, conditions or requirements of NPDES Permit NCO066796 and G.S. 143-215.l(a)(6) in the manner and extent shown in Attachment A. In accordance with the maximums established by G.S. 143-215.6A(a)(2), a civil penalty may be assessed against any person who violates the terms, conditions or requirements of a permit required by G.S. 143-215.1(a). Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Quality, I, Chuck Cranford, Division of Water Quality Regional Supervisor for the Asheville Region, hereby make the following civil penalty assessment against Buncombe County Schools: None rthCarolina Naturallry SURFACE WATER PROTECTION — ASHEVILLE REGIONAL OFFICE Location: 2090 U.S. Highway 70, Swannanoa, NC 28778 Phone: (828) 296-4500\FAX: 828 2997043 Internet: www.ncwaterguality.org DIVISION OF WATER QUALITY - CIVIL PENALTY ASSESSMENT (FILE) Violator: Buncombe County Schools / Leicester Elementary / NCO066796 ( September 2011 IDMR) (Re: NOV-2012-LV-0097) County: Buncombe Case Number: LV-2012-0044 ASSESSMENT FACTORS As required by G.S. 143-214.6A(c), in determining the amount of the penalty I considered the factors set out in G.S. 143B-282.1(b), which are: 1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation; All effluent violations may be detrimental to the receiving stream but may not be immediately quantified. 2) The duration and gravity of the violation; One Daily Max TSS exceeded the permit limit by 242.22 %. One Monthly Average TSS exceeded the permit limit by 106.66 %. 3) The effect on ground or surface water quantity or quality or on air quality; All effluent violations may be detrimental to the receiving stream but may not be immediately quantified. 4) The cost of rectifying the damage; The cost is unknown. 5) The amount of money saved by noncompliance; The amount of money saved would include the cost of more time spent keeping the chlorine and dechlor basins clean and proper solids management. 6) Whether the violation was committed willfully or intentionally; It does not appear to be either. 7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and There have been no civil penalty assessments in the twelve months prior to this violation. 8) The cost to the State of the enforcement procedures. $137.00. Date 03/16/2012 Chuck Cranford, Regional Supervisor Surface Water Protection Section Asheville Regional Office 1 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No. $100.00 NC0066796, by discharging waste water into the waters of the State in violation of the Permit Daily Maximum limit for TSS - Conc. 1 of the 1 violations. of G.S. 143-215.1(a)(6) and NPDES Permit No. $250.00 NC0066796, by discharging waste water into the waters of the State in violation of the Permit Monthly Average limit for TSS - Conc. $350.00 TOTAL CIVIL PENALTY $137.00 Enforcement Costs $487.00 TOTAL AMOUNT DUE Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 143B- 282. 1 (b), which are: (1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation; (2) The duration and gravity of the violation; (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; (6) Whether the violation was committed willfully or intentionally; (7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and (8) The cost to the State of the enforcement procedures. Within thirty days of receipt of this notice, you must do one of the following: Submit payment of the penalty: Payment should be made directly to the order of the Department of Environment and Natural Resources (do not include waiver form). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). Please submit payment to the attention of: Point Source Compliance/Enforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 OR 2. Submit a written request for remission or mitigation including a detailed justification for such request: Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Because a remission request forecloses the option of an administrative hearing, such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation and agreement that no factual or legal issues are in dispute. Please prepare a detailed statement that establishes why you believe the civil penalty should be remitted, and submit it to the Division of Water Quality at the address listed below. In determining whether a remission request will be approved, the following factors shall be considered: (1) whether one or more of the civil penalty assessment factors in NCGS 14313-282.1(b) was wrongfully applied to the detriment of the petitioner; (2) whether the violator promptly abated continuing environmental damage resulting from the violation; (3) whether the violation was inadvertent or a result of an accident; (4) whether the violator had been assessed civil penalties for any previous violations; or (5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Please note that all evidence presented in support of your request for remission must be submitted in writing. The Director of the Division of the Division of Water Quality will review your evidence and inform you of his decision in the matter of your remission request. The response will provide details regarding the case status, directions for payment, and provision for further appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty Remissions (Committee). Please be advised that the Committee cannot consider information that was not part of the original remission request considered by the Director. Therefore, it is very important that you prepare a complete and thorough statement in support of your request for remission. In order to request remission, you must complete and submit the enclosed "Request for Remission of Civil Penalties, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form within thirty (30) days of receipt of this notice. The Division of Water Quality also requests that you complete and submit the enclosed "Justification for Remission Request." Both forms should be submitted to the following address: Point Source Compliance/Enforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 ppppppp, Met 3. File a petition for an administrative hearing with the Office of Administrative Hearings: If you wish to contest any statement in the attached assessment document you must file a petition for an administrative hearing. You may obtain the petition form from the Office of Administrative Hearings. You must file the petition with the Office of Administrative Hearings within thirty (30) days of receipt of this notice. A petition is considered filed when it is received in the Office of Administrative Hearings during normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for official state holidays. The original and one (1) copy of the petition must be filed with the Office of Administrative Hearings. The petition may be faxed - provided the original and one copy of the document is received in the Office of Administrative Hearings within five (5) business days following the faxed transmission. The mailing address for the Office of Administrative Hearings is: Office of Administrative Hearings 6714 Mail Service Center Raleigh, North Carolina 27699-6714 Telephone (919) 733-2698 Facsimile: (919) 733-3478 and Mail or hand -deliver a copy of the petition to Mary Penny Thompson, General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh, North Carolina 27699-1601 Please indicate the case number (as found on page one of this letter) on the petition. Failure to exercise one of the options above within thirty (30) days of receipt of this letter, as evidenced by an internal date/time received stamp (not a postmark), will result in this matter being referred to the Attorney General's Office for collection of the penalty through a civil action. Please be advised that additional penalties may be assessed for violations that occur after the review period of this assessment. If you have any questions, please contact Janet Cantwell of the Water Quality staff of the Asheville Regional Office at 828-296-4500. Sincerely, Chuck Cranford, Regional Supervisor Surface Water Protection Section Asheville Regional Office ATTACHMENTS cc: DWQ Asheville Files w/ attachments DWQ Central Files w/ attachments Bob Guerra/ Point Source w/ attachments RPB Systems Inc. / ORC w/ attachments S.``;SWP;Buncombe,WasteNvaterl4inors\Leicester Elementary 66796\LV ?013-0044.doc pppppp, JUSTIFICATION FOR REMISSION REQUEST DWQ Case Number: LV-2012-0044 County: Buncombe Assessed Party: Buncombe County Schools / Leicester Elementary Permit No.: NC0066796 Amount Assessed: $487.00 Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of Facts " form to request remission of this civil penalty. You should attach any documents that you believe support your request and are necessary for the Director to consider in evaluating your request for remission. Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 14313-282.1(c), remission of a civil penalty may be granted only when one or more of the following five factors applies. Please check each factor that you believe applies to your case and provide a detailed explanation, including copies of supporting documents, as to why the factor applies (attach additional pages as needed). (a) one or more of the civil penalty assessment factors in N.C.G.S. 143B-282.1(b) were wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil penalty assessment document); (b) the violator promptly abated continuing environmental damage resulting from the violation (i.e., explain the steps that you took to correct the violation and prevent future occurrences); (c) the violation was inadvertent or a result of an accident (i. e., explain why the violation was unavoidable or something you could not prevent or prepare for); (d) the violator had not been assessed civil penalties for any previous violations; (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions (i. e., explain how payment of the civil penalty will prevent you from performing the activities necessary to achieve compliance). EXPLANATION: STATE OF NORTH CAROLINA _'qq�q DEPARTMENT OF ENVIRONMENT COUNTY OF BUNCOMBE IN THE MATTER OF ASSESSMENT OF CIVIL PENALTIES AGAINST BUNCOMBE COUNTY SCHOOLS / LEICESTER ELEMENTARY PERMIT NO. NCO066796 AND NATURAL RESOURCES WAIVER OF RIGHT TO AN ADMINSTRATIVE HEARING AND STIPULATION OF FACTS FILE NO. LV-2012-0044 Having been assessed civil penalties totaling $487.00 for violation(s) as set forth in the assessment document of the Division of Water Quality dated March 19, 2012, the undersigned, desiring to seek remission of the civil penalty, does hereby waive the right to an administrative hearing in the above -stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the director of the Division of Water Quality within thirty (30) days of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after (30) days from the receipt of the notice of assessment. This the day of SIGNATURE ADDRESS TELEPHONE 20 8+ A® NCENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P.E. Governor Director February 3, 2012 CERTIFIED MAIL 7010 1870 0003 0874 7700 RETURN RECEIPT REQUESTED Mr. R. Belvin Hall, Assistant Director, Maintenance Buncombe County Schools Leicester Elementary School 175 Bingham Road Asheville, North Carolina 28806 Subject: Notice of Violation and Dee Freeman Secretary Recommendation for Enforcement Tracking #: NOV-2012-LV-0097 Leicester Elementary School WWTP NPDES Permit No. NCO066796 Buncombe County Dear Mr. Hall: A review of the September 2011 self -monitoring report for the subject facility revealed violations of the following parameter: Date Outfall Parameter Reported Value Permit Limit 09/30/11 001 TSS 62 mg/ L 30 mg/ L 09/07/11 001 TSS 154 mg/ L 45 mg/ L A Notice of Violation/ Notice of Recommendation for Enforcement (NOV/ NRE) is being issued for the noted violation of North Carolina General Statute (G.S.) 143-215.1 and NPDES Permit NO.NC0066796. Pursuant to G.S. 143-215.6A, a civil penalty of not more than twenty-five thousand dollars ($25,000.00) may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of any permit issued pursuant to G.S. 143-215.1. If you wish to provide additional information regarding the noted violation, request technical assistance, or discuss overall compliance please respond in writing within ten (10) days after receipt of this Notice. A review of your response will be considered along with any information provided on the September 2011 Discharge Monitoring Report. You will then be notified of any civil penalties that may be assessed regarding the violations. If no response is received in this Office within the 10-day period, a civil penalty assessment may be prepared. SURFACE WATER PROTECTION SECTION—ASH:EVIL,LE REGIONAL OFFICE Location: 2090 U.S. Highway 70, Swannanoa, North Carolina 28778 Phone: 828-296-4500\ Fat: 828-299-7043 Intemet: http://portal,ncdenr.org/web/wq NorthCarolula Nah,141/ An Equal Opportunity \ Affirmative Action Employer— 50 ro Recycled'10% Post Consumer paper Mr. R. Belvin Hall February 3, 2012 Page Two Remedial actions, if not already implemented, should be taken to correct any problems. The Division of Water Quality may pursue enforcement actions for this and any additional violations. If the violations are of a continuing nature, not related to operation and/or maintenance problems, and you anticipate remedial construction activities, then you may wish to consider applying for a Special Order by Consent. You may contact this Office for additional information. If you have questions concerning this matter, please do not hesitate to contact Janet Cantwell or me at 828/296-4500. Sincerely, Chuck Cranford, Regional Supervisor Surface Water Protection Section Asheville Regional Office cc: DWQ Asheville Files DWQ Central Files Bob Guerra/ Point Source Branch S:t_SWP\Buncombe\Waste%vater\,L'viinors\Leicester Elementary 66796\NOV-NRL-2012-LV-0097.doc LE C01PY NCDENR North Carolina Department of Environment and Natural Resources Beverly Eaves Perdue Governor Division of Water Quality Coleen H. Sullins Director November 29, 2011 Dee Freeman Secretary Mr. R. Belvin Hall, Assistant Director, Maintenance Buncombe County Schools 175 Bingham Road Asheville, North Carolina 28806 Subject: NOTICE OF VIOLATION NOV-2011-LV-0578 Permit No. NCO066796 Leicester Elementary School WWTP Buncombe County Dear Mr. Hall: A review of Leicester Elementary School's WWTP monitoring report for May 2011 showed the following violation: Parameter Date Limit Value- Reported Value Limit Type Solids, Total Suspended - Concentration 05/10/2011 45 mg/I 47.7 mg/I Daily Maximum Exceeded Remedial actions, if not already implemented, should be taken to correct any problem. Since the comments section on the reverse of the relevant DMR provided an adequate explanation for the subject violation, it is not requested that a response be submitted The Division of Water Quality may pursue enforcement action for this and any additional violations of State law. If you should have any questions, please do not hesitate to contact Janet Cantwell at 828/296-4500. Sincerely, Chuck Cran 7ord,Regional S pervisor Surface Water Protection Section cc' DW:� T-hl/.ilL-e Files DWQ Central Files RPB Systems/ ORC S:1SWP1BuncombelWastewaterlMinorslLeicester Elementary 66796WOV-2011-LV-0578.doc IV�o a Carolina Aturally North Carolina Division of Water Qualit 2090 U.S. Highway 70 Swannanoa, N.C. 28778 Phone(828)296-4500 Customer Service Internet: www.ncwaterquality.orq1 FAX (828)299-7043 1-877-623-6748 A' F-M E c!" - 7 NCDENR North Carolina Department of Environment and Natural Resources `` - Beverly Eaves Perdue Governor Division of Water Quality Coleen H. Sullins Director December 13, 2011 Mr. R. Belvin Hall, Assistant Director, Maintenance Buncombe County Schools 175 Bingham Road Asheville, North Carolina 28806 Dear Mr. Hall: Dee Freeman Secretary Subject: NOTICE OF VIOLATION NOV-2011-MV-0196 Permit No. NCO066796 Leicester Elementary School WWTP Buncombe County A review of Leicester Elementary School's WWTP monitoring report for June 2011 showed the following violation: Parameter Date Measuring Violation Frequency Chlorine, Total Residual Week Ending 2 X/ Week Failure to Monitor 06/04/2011 It was also noted that the Compliance box on the back of the DMR was marked "Compliant" when in fact it should have been marked "Non -Compliant" with an explanation for the non-compliance. If the above parameter was left off inadvertently, please send an amended DMR within 10 business days of receipt of this letter to Raleigh at the address found on the front page of your DMR and also a copy to this office. Remedial actions should be taken to correct this problem. The Division of Water Quality may pursue enforcement action for this and any additional violations of State law. If you should have any questions, please do not hesitate to contact Janet Cantwell at 8281296-4500. SinceiGran2ford, ChucRegionalSup rvisor Surface Water Protection Section c`'®W�AsheviNe Files, DWQ Central Files RPB Systems/ ORC S:1SWP1Buncombe\WastewaterlMinorslL_eicester Elementary 66796\1\10V-2Q1.1-MV-0195.doc NonLCarolina Naturally North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, N.C. 28778 Phone(828)296-4500 Customer Service Internet: www.ncwaterauality.org FAX (828)299-7043 1-877-623-6748 2011 System Performance Wastewater Treaty I. General Information �r 1111) 2 LAIA�TER CEVILL- -ahe .:e 6 Facility/System Name: Leicester Elementary School e Responsible Entity: Buncombe County Schools m Person in Charge: Belvin Hall, Assistant Maintenance Director e Telephone Number: (828) 232-4244 FEB 2 9 2012 �Eitl a" F i�v UY Ps'rM e Contract Operator in Responsible Charge: RPB Systems, Inc. -Richard Swilling e Telephone Number: (828) 251-1900 e Applicable Permit: NPDES NCO 60 7i.6 Expires 12/31/2015 e Description of Treatment System: The Leicester Elementary School wastewater treatment system is a surface sand filter system with a 10000 gallon septic tank, 3000 gallon dosing tank with dual siphons, surface sand filter, chlorination and dechlorination equipment and a chlorine contact chamber. This facility is located at the Leicester Elementary School, 31 Gilbert Road, Leicester, NC. The treated effluent discharges into Sluder Branch, part of the French Broad River Basin which is classified as C waters. Page 1 of 3 II. Performance • Summary of System Performance for 2011: o This facility is well maintained and in good operational condition. Records are being maintained as required by their NPDES permit. o The treatment facility experienced no overflows or spills during 2011. • 2011 Monthly Compliance Summary o January 2011-Compliant o February 2011-Compliant o March 2011-Compliant o April 2011 -Compliant o May 2011-Non Compliant TSS Daily Limit 45.0 mg/I Reported 47.7 mg/I o June 2011-Compliant o July 2011-Compliant o August 2011-Compliant o September 2011-NonCompliant TSS Daily Limit 45.0'mg/I Reported 154.0 mg/I o October 2011-Compliant o November 2011-Compliant o December 2011-Compliant • Listed below are monthly Discharge Monitoring Report parameters as reported to the Division of Water Quality in 2011. Flow BOD TSS NH3N Fecal Jan 0.002 5.1 5.1 9.5 1 Feb 0.002 4.1 5.8 17.6 1 Mar 0.002 3.1 4.3 3.1 2 April 0.002 23.4 9.4 0.1 2 May 0.002 16.1 19.8 0.71 1 June 0.002 2.0 12.1 0.16 4 July No flow Aug0.002 4.1 5.6. 7.6 2 Set 0.002 17.8 62 1.5 1 Oct 0.002 3.7 8.4 0.9 1 1 Nov 0.002 2.9 12.2 7.1 11 Dec 0.002 5.3 13.5 8.2 2 Permit Limit 1 0.0057 30/45 30/45 18/35 200/400 Page 2 of 3 Corrective Actions: No corrective actions were required at this facility during 2011. o Environmental Impact: There was no observable environmental impact from this treatment facility during 2011. III. Notification The availability of this report to staff and parents of students will be forwarded to them via posting of this report on school information boards, by memorandum and through regular PTA meetings. IV. Certification I certify under penalty of law that this report is accurate and complete to the best of my knowledge. I further certify that this report has been made available to the users or customers of this system and that those users have been notified of its availability. I am aware that there are significant penalties for submitting false information. : Signature Belvin Hall, Assistant Director Buncombe County Schools Maintenance to Page 3 of 3 wc-�. 0 2010 System Performance Annual. Report Wastewater Treatment Facility IV E �� + r, n � 'I �. General Information; 1 MAR 1 4 2011 • Facility/System Name: Leicester Elementary School V�CATEFi QUALITY SEGT!ON • Responsible Entity: f - °i �L °' 'c Res� p ty: Buncombe County Schools,,. • Person in Charge: Belvin Hall, Assistant Maintenance Director • Telephone Number: (828) 232-4244 • Contract Operator in Responsible Charge: RPB Systems, Inc. -Richard Swilling • Telephone Number: (828) 251-1900 • Applicable Permit: NPDES NCO066796 Expires 12/31/2015 • Description of Treatment System: The Leicester Elementary School wastewater treatment system is a surface sand filter system with a 10000 gallon septic tank, 3000 gallon dosing tank with dual siphons, surface sand filter, chlorination and dechlorination equipment and a chlorine contact chamber. This facility is located at the Leicester Elementary School, 31 Gilbert Road, Leicester, NC. The treated effluent discharges into Sluder Branch, part of the French Broad River Basin which is classified as C waters. FEB 2 5 2011 Page 1 of 3 IV Corrective Actions: No corrective actions were required at this facility during 2010. • Environmental Impact: There was no observable environmental impact from this treatment facility during 2010. Notification The availability of this report to staff and parents of students will be forwarded to them via posting of this report on school information boards, by memorandum and through regular PTA meetings. Certification I certify under penalty of law that this report is accurate and complete to the best of my knowledge. I further certify that this report has been made available to the users or customers of this system and that those users have been notified of its availability. I am aware that there are significant penalties for submitting false information. Signature Belvin Hall, Assistant Director Buncombe County Schools Maintenance .-2I S // D to Page 3 of 3 /!LU1 U) De1Vln nail - Leicester ZUug 2009 Page APR 162010 I� WATER QUALITY SECT;ONI i ASHEVILLE REGIOINAL CFF-ICE f t•c 1 1 _ - System Performance Annual Report Wastewater Treatment Facility General Information FRO • Facility/System Name: Leicester Elementary School Responsible Entity: Buncombe County Schools • Person in Charge: Belvin Hall, Assistant Maintenance Director • Telephone Number: (828) 232-4244 MAR 042010 • Contract Operator in Responsible Charge: RPB Systems, Inc. -Robert Barr • Telephone Number: (828) 251-1900 • Applicable Permit: NPDES NC0.0.660496i" Expires 12/31/2010 • Description of Treatment System: The Leicester Elementary School wastewater treatment system is a surface sand filter system with a 10000 gallon septic tank, 3000 gallon dosing tank with dual siphons and a chlorine contact chamber. This facility is. located at the Leicester Elementary School, 31 Gilbert Road, Leicester, NC. The treated effluent discharges into Sluder Branch, part of the French Broad River Basin which is classified as C waters. (2/11/2o'I0) belvin hall - Leicester 2009.docx Page 2 Performance • Summary of System Performance for 2009: This facility is well maintained and in good operational condition. Records are being maintained as required by their NPDES permit. The treatment facility experienced no overflows or spills during 2009. • 2009 Monthly Compliance Summary • January 2009-Compliant • February 2009-Compliant • March 2009- Non Compliant-TSS Daily Limit 45.0 mg/I • 3/5/09 TSS result 125.0 mg/I • April 2009-Compliant • May 2009-Compliant • June 2009-Compliant • July 2009-Compliant • August 2009-Compliant • September 2009-Compliant • October 2009-Compliant • November 2009-Compliant • December 2009-Compliant • Listed below are monthly Discharge Monitoring Report parameters as reported to the Division of Water Quality in 2009. Flow BOD TSS NH3N Fecal Jan 0.004 12.3 18.0 11.1 2 Feb 0.004 9.5 17.3 11.9 2 Mar 0.003 17.1 24.8 4.6 2 April 0.004 6.5 j 8.0 0.5 2 May 0.004 7.3 6.1 0.89 2 June 0.003 6.6 5.5 2.1 2 July No Flow Aug 0.004 2.8 11.2 0.1 2 Sept 0.004 7.7 8.1 12.0 2 Oct 0.004 7.7 9.7 5.8 2 Nov 0.003 5.2 7.6 1.8 2 Dec 0.004 10.6 9.0 0.2 2 :2/17/2010) belvin nail - Leicester zmi.aocx Permit 0.0057 30/45 30/45 18/35 200/40 Limits Summe 0 r • Corrective Actions: The high TSS result on 3/5/09 was possibly due to dechlorination tablet residue in the system. The system was cleaned and the remaining TSS samples and resamples taken were within permit limits. • Environmental Impact: There was no observable environmental impact from this treatment facility during 2009. Notification The availability of this report to staff and parents of students will be forwarded to them via posting of this report on school information boards, by memorandum and through regular PTA meetings. IV. Certification I certify under penalty of law that this report is accurate and complete to the best of my knowledge. I further certify that this report has been made available to the users or customers of this system and that those users have been notified of its availability. I am aware that there are significant penalties for submitting false information. Signature Belvin Hall, Assistant Director Buncombe County Schools Maintenance .Z /7 /0 Dat P-JILE COPY NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary SURFACE WATER PROTECTION SECTION April 9, 2010 Mr. R. Belvin Hall, Assistant Director Buncombe County Board of Education Maintenance Department 175 Bingham Road Asheville, NC 28806 SUBJECT: Compliance Evaluation Inspection Leicester Elementary School WWTP Permit No: NCO066796 Dear Mr. Hall: Buncombe County On March 16, 2010, you were sent a copy of the inspection that I conducted on March 4, 2010. The subject indicated that this was a Compliance Sampling Inspection. Since there was no discharge during the inspection, I was unable to collect samples. For the purposes of clarification, this inspection should have been listed as a Compliance Evaluation Inspection. We are sorry if this caused any confusion. The facility appears to be well operated and maintained and was found to be in compliance with permit NC0066796. If you or your staff should have any questions, please call me at 828-296-4662. Enclosure -cc-2---Bob Barr, RPB Systemsln . Central Files �As�ierl-IeFile�; Sincerely, e 4 Wanda P. Frazier Environmental Specialist S:\SWP\Buncombe\Wastewater\Minors\Leicester Elementary 66796\CE1.3-4-10.doc SURFACE WATER PROTECTION — ASHEVILLE REGIONAL OFFICE ne Location: 2090 U.S. Highway 70, Swannanoa, NC 28778 NoOAhCarolina Phone: (828) 296-4500 \ FAX: (828) 299-70431 Customer Service: 1-877-623-6748 Naturallff Internet: www.ncwaterguality.org R NC®ENit North.. Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary SURFACE WATER PROTECTION SECTION March 16, 2010 Mr. R. Belvin Hall, Assistant Director Buncombe County Board of Education Maintenance Department 175 Bingham Road Asheville NC 28806 SUBJECT: Compliance Sampling Inspection Leicester Elementary School WWTP Permit No: NCO066796 Buncombe County Dear Mr. Hall: Enclosed please find a copy of the Compliance Sampling Inspection form from the inspection conducted on March 4, 2010. The facility was found to be in compliance with permit NC0066796. Please refer to the enclosed inspection report for additional observations and comments. If you or your staff should have any questions, please call me at 828-296-4662. Sincerely, Wanda P. Frazier Environmental Specialist Enclosure cc: Bob Barr, RPB Systems Inc. Cent Files- A- heville. Files S:\SWP\Buncombe\Wastewater\Minors\Leicester Elementary 66796\CSI.3-4-10.doc SURFACE WATER PROTECTION — ASHEVILLE REGIONAL OFFICE One Location: 2090 U.S. Highway 70, Swannanoa, NC 28778; NorthCarolina Phone: (828) 296-45001 FAX: (828) 299-70431 Customer Service: 1-877-623-6748 .Ngturafi Internet: www.ncwaterquality.orct United States Environmental Protection Agency Form Approved. Washington, D.C. 20460 EPA 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 NI 2 151 31 NCO066796 111 121 10/03/04 117 181sl 19l sl 20I Remarks 21111111111IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII11116 Inspection Work Days Facility Self -Monitoring Evaluation Rating B1 QA-----------------Reserved------- 67I 1.0 169 70131 711 l 72I N I 73Iw I 174 751 I l I I I Li 80 . 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) Leicester Elementary School 11:45 AM 10/03/04 06/02/01 Exit Time/Date Permit Expiration Date NCSR 1615 Gilbert Rd Leicester NC 28748 12.15 PM 10/03/04 10/12/31 Name(s) of Onsite Representative(s)[Titles(s)/Phone and Fax Number(s) Other Facility Data Kenneth Garey Henson/ORC/828-251-1900/ Name, Address of Responsible Official[Title/Phone and Fax Number Contacted No Section C: Areas Evaluated During Inspection (Check only those areas evaluated) Permit 0 Operations & Maintenance E Records/Reports Facility Site Review Effluent/Receiving Waters Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s) and Signature(s) of Inspector(s) Agency/Office/Phone and Fax Numbers Date Wanda P Frazier ARO WQ//828-296-4500 Ext.4662/ !� Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date 1 EPA Form 3560-3 (Rev 9-94) Previous editions are obsolete. Page # 1 NPDES yr/mo/day Inspection Type 3I NCO066796 I11 12I 10/03/04 117 18ISI (cont.) Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) FACILITY DESCRIPTION: The Buncombe County Board of Education - Leicester Elementary School WIMP is a Class I facility rated as 0.0057 MGD septic tank — sand ,lifer WWTP consisting of: a 10,000 gallon septic tank; 3,000 gallon dosing tank with dual siphons; surface sand filter; tablet chlorinator; chlorine contact chamber; and dechlorination unit PERMIT / INSPECTION / LOG: A review of the files indicates that the last compliance evaluation inspection was conducted on 11-17-08 by Wanda Frazier. The permit expires on 12-31-2010. Please request a permit renewal 6 months prior to expiration. A renewal notice will be mailed as a reminder. The daily operator log was present on -site and had good notation of daily events, process control and field testing data. Recent snow storm damage to the fence, by fallen tree limbs, had been repaired. EFFLUENT: There was no discharge at the time of the inspection. School was closed due to inclement weather. OPERATIONS AND MAINTENANCE / EFFLUENT / SUMMARY: Mr. Ken Henson, ORC, assisted in the inspection and appears to be operating and maintaining the facility very well. SYSTEM PERFORMANCE ANNUAL REPORT: The System Performance Annual Performance Report had been filed for the calendar year 2008 by RPB Systems, Inc. The System Performance Annual Report, for 2009, is due no later than 60 days of the end of the reporting period. Note: According to the Clean Water Act of 1999 (House Bill 1160), the legal requirement for submittal of the System Performance Annual Report is as follows: The owner or operator of any wastewater treatment works or wastewater collection systems that treats or collects primarily domestic or municipal waste, must provide an Annual Report to its users or customers and to the Department of Environment and Natural Resources that summarizes the treatment works' and collection system's performance over a 12 month period.) Page # 2 Permit: NCO066796 Inspection Date: 03/04/2010 Report Format: - Owner - Facility: Leicester Elementary School Inspection Type: Compliance Sampling The following is provided as guidance to assist you in meeting this aspect of the new reporting requirements. The law states the above mentioned report shall summarize the performance of the treatment works or collection system and state the extent to which any terms of its permit, federal laws, or any State laws, regulations or rules related to the protection of water quality have been violated. In order to meet the spirit of this law, it is strongly suggested that, at a minimum, the reports contain the following information: I. General Information • Name of regulated entity and county • Responsible entity, person or contact with phone number or address • Listing of applicable permit(s) — NPDES and Collection System permits, etc. (Note: water plant wastewater dischargers are exempt) • Description of collection or treatment system or process II. Performance • Description of overall 12-month performance, noting highlights and deficiencies. • By month, list of the number and type of any violations of permit conditions, environmental regulations or environmental laws, including (but not limited to): Permit Limit Violations — list by month and type Monitoring and Reporting Violations — i.e. NOVs and Civil Assessments (Illegal) Bypass of treatment facilities* Sanitary Sewer Overflows (SSOs)* - Dates of SSOs*, Press Releases & Public Notices (*Note the estimated total monthly volumes and locations of events in which more than 1,000 gallons of waste reached surface waters. • Description of any known environmental impact of violations • Description of corrective measures taken to address violations or deficiencies III. Notification • Statement as to how users or customers have been provided access to the report. IV. Certification • Statement by a responsible official certifying the report is accurate and complete It shall be left to the individual applicable entities to decide both how much detail above minimum they wish to provide in the report and how they will provide the report to their users or customers. This law was established to provide a mechanism for public oversight (and hopefully, to instill public confidence). Those entities that fall under the scope of this part of the law are encouraged to be forthcoming in their report and they should provide its readers a contact where they may view more detailed information. Page # 3 Permit: NCO066796 Inspection Date: 03/04/2010 owner - Facility: Leicester Elementary School Inspection Type: Compliance Sampling To satisfy the Departmental reporting requirement, three copies of the report should be submitted to the following address: System Performance Annual Report North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Annual reports must be submitted within 60 days of the end of the applicable 12-month review period. You may base your report on either a calendar year or a fiscal year (July 1 — June 30) time frame. Page # 4 Permit: NCO066796 Inspection Date: 0310412010 Permit- -- Owner - Facility: Leicester Elementary School Inspection Type: Compliance Sampling (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: .1. .11 . . Operations & Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? ■ ❑ ❑ ❑ Does the facility analyze process control parameters, for ex: MLSS, MCRT, Settleable Solids, pH, DO, Sludge ❑ ❑ ■ ❑ Judge, and other that are applicable? Comment: Septic Tank Yes No NA NE (If pumps are used) Is an audible and visual alarm operational? ■ n n n Is septic tank pumped on a schedule? ■ ❑ ❑ ❑ Are pumps or syphons operating properly? ■ ❑ ❑ ❑ Are high and low water alarms operating properly? ■ n n n Comment: Sand Filters (Low rate) Yes No NA NE (If pumps are used) Is an audible and visible alarm Present and operational? ❑ ❑ ■ ❑ Is the distribution box level and watertight? ■ ❑ ❑ ❑ Is sand filter free of ponding? ■ n ❑ ❑ Is the sand filter effluent re -circulated at a valid ratio? ❑ ■ n n # Is the sand filter surface free of algae or excessive vegetation? ■ n n n # Is the sand filter effluent re -circulated at a valid ratio? (Approximately 3 to 1) ❑ ❑ ■ ❑ Comment: VW TP is rated as 0.0057 MGD septic tank —sand filter system consisting of: a 10,000 gallon septic tank; 3000 gallon dosing tank with dual siphons; surface sand filter; tablet chlorinator; chlorine contact chamber; and dechlorination unit. Disinfection -Tablet Yes No NA NE Are tablet chlorinators operational? ■ ❑ ❑ ❑ Are the tablets the proper size and type? ■ n ❑ ❑ Number of tubes in use? 1 Page # 5 Permit: NC0066796 Inspection Date: 03/04/2010 Disinfection -Tablet Is the level of chlorine residual acceptable? Is the contact chamber free of growth, or sludge buildup? Is there chlorine residual prior to de -chlorination? Comment: Owner - Facility: Leicester Elementary School Inspection Type: Compliance Sampling Yes No NA NE ■ ❑ ❑ ❑ ■nnn ■nnn Yes No NA NE Type of system ? Tablet Is the feed ratio proportional to chlorine amount (1 to 1)? n fl ■ ❑ Is storage appropriate for cylinders? n n ■ n # Is de -chlorination substance stored away from chlorine containers? n ❑ ■ n Are the tablets the proper size and type? ■ n n n Comment: Chlorination to dech.lorination feed ratio is 1 to 3. Are tablet de -chlorinators operational? ■ n ❑ ❑ Number of tubes in use? 3 Comment: Effluent Pipe Yes No NA NE Is right of way to the outfall properly maintained? ■ n n n Are the receiving water free of foam other than trace amounts and other debris? ■ n n n If effluent (diffuser pipes are required) are they operating properly? ❑ ❑ ■ ❑ Comment: Page # 6 ,&4 NCENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Governor Director November 2, 2009 CERTIFIED MAIL 7009 1680 0002 2464 5398 RETURN RECEIPT REQUESTED R. Belvin Hall Buncombe County Board of Education 175 Bingham Road Asheville, NC 28806 Dee Freeman Secretary - 4 2009 I UN Subject: NOTICE OF VIOLATION - NOV- 2009- LR- 0059 Leicester Elementary School WWTP — NCO066796 Buncombe County Dear Mr. Hall: This is to inform you that the Division of Water Quality has not received your August 2009 monitoring report. This is in violation of Part II, Condition D (2) of the NPDES permit, as well as 15A NCAC 2B .506(a), which requires the submittal of Discharge Monitoring Reports (DMR) no later than the thirtieth (30th) day following the reporting period. Failure to submit reports as required or after the required reporting date will subject the violator to the assessment of a civil penalty of up to $25,000 per violation. To prevent further action, please submit the August 2009 DMR report within fifteen days of receipt of this notice to avoid further enforcement actions. You are also required to notify the Division each time mailing or phone numbers are changed which relate to your NPDES permit. The Division must take these steps because timely submittal of discharge monitoring reports is essential to the efficient operation of our water quality programs. We appreciate your assistance in this matter. If you have any questions about this letter or Discharge Monitoring Reports, please contact me at 919-807-6387 or by email at bob. guerra @ncdenr.gov. Sincerely, Bob Guerra Western Region NPDES Unit cc: DWQ Asheville Surface Water Protection Supervisor Central Files 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 One Phone: 919-807-63871 FAX: 919-807-6495 \ Customer Service: 1-877-623-6748 NorthCarolina Internet: www.ncwaterquality.org ��8®�� /�� An Equal Opportunity'.Affirmative Action Employer t'[ ` r NCDENR North Carolina Department of Environment and Beverly Eaves Perdue Governor Mr. Belvin Hall Division of Water Quality Coleen H. Sullins Director Natural Resources SURFACE WATER PROTECTION SECTION July 16, 2009 Buncombe County Board of Education 175 Bingham Rd Asheville NC 28806 Dear Mr. Hall: Subject: NOTICE OF VIOLATION NOV-2009-LV-0311 Permit No. NCO066796 Leicester Elementary School Buncombe County Dee Freeman Secretary A review of Leicester Elementary School's monitoring report for March 2009 showed the following violations: Parameter Date Limit Value Reported Value Limit Type Total Suspended Solids 03/05/09 45 mg/I 125 mg/I Daily Maximum Exceeded Remedial actions, if not already implemented, should be taken to correct any problem. Since the comments section on the reverse of the relevant DMR provided an adequate explanation for the subject violation, it is not requested that a response be submitted: however, should you have additional information concerning the violations or comments which you wish to present, please submit them to the attention of Wanda Frazier. The Division of Water Quality may pursue enforcement actions for this and any additional violations. If the violations are of a continuing nature, not related to operation and/or maintenance problems, and you anticipate remedial construction activities, then you may wish to consider applying for a Special Order by Consent. You may contact Keith Haynes of this Office for additional information. If you should have any questions, please do not hesitate to contact Wanda Frazier or me at 828-296-4500. cc: WQ Central Files v �Wlkb F-Ite ..n } � ,` 'fit4 22 Sincerely, r Roger C. Edwards, Regional Supervisor Surface Water Protection Section NorthCarolina Ivattrra!!il North Carolina Division of water Quality 2090 U.S. Highway 70; Swannanoa, N.C. 28778 Phone (828) 296-4500 Customer Service 1-877-623-6748 Internet: www.ncwaterguality.org FAX (828) 299-7043 Itla-fez f b BUNCOMBE COUNTY PUBLIC SCHOOLS MAINTENANCE DEPARTMENT �( h 17,5 BINGHAM RD., ASHEVILLE, NC 28806 _ TELEPHONE (828) 232-4244 . 1 I FAX (828) 232-4249 °� ' Fr" k E IV [ F E B 26 2009 emit= & ormanc-e Annual Report Wastewater Treatment Facility ®EN R ' General Information • Facility/System Name: Leicester Elementary School • Responsible Entity: Buncombe County Schools WATER QUALITY POINT SOURCE BRANCH Person in Charge: Belvin Hall, Assistant Maintenance Director • Telephone Number: (828) 232-4244 ® Contract Operator in Responsible Charge: RPB Systems, Inc. -Robert Barr • Telephone Number: (828) 251-1900 • Applicable Permit: NPDES4Wv-W�`W67-w Expires 12/31/2010 • Description of Treatment System: The Leicester Elementary School wastewater treatment system is a surface sand filter system with a 10000 gallon septic tank, 3000 gallon dosing tank with dual siphons and a chlorine contact chamber. This facility is located at the Leicester Elementary School, 31 Gilbert Road, Leicester, NC. The treated effluent discharges into Sluder Branch, part of the French Broad River Basin which is classified as C waters. Performance • Summary of System Performance for 2008: Page 1 of 3 This facility is well maintained and in good operational condition. Records are being maintained as required by their NPDES permit. The treatment facility had no violations of their permit in 2008. The treatment facility experienced no overflows or spills during 2008. 2008 Monthly Compliance Summary • January 2008-Compliant • February 2008-Compliant • March 2008-Compliant • April 2008-Compliant • May 2008-Compliant • June 2008-Compliant • July 2008-Compliant • August 2008-Compliant • September 2008-Compliant • October 2008-Compliant • November 2008-Compliant • December 2008-Compliant • Listed below are monthly Discharge Monitoring Report parameters as reported to the Division of Water Quality in 2008. Flow BOD TSS NH3N Fecal Jan 0.003 25.9 10.3 11.7 2 Feb 0.004 9 4.2 12.9 2 Mar 0.004 7.4 6.6 9.7 2 April 0.003 12.5 17.1 7.3 2 May 0.004 17.3 6.6 2.3 2 June 0.003 9.9 11.9 0.7 12 July NO FLOW Aug 0.004 24.9 8 4.9 3 Sept 0.004 16.9 5.9 2.9 2 Oct 0.004 8.6 5.5 1.1 2 Nov 0.003 26 20.7 4.5 2 Dec 0.004 15 12.2 13.2 2 Permit 0.0057 30/45 30/45 18/35 200/400 Limits MGD mg/I mg/I mg/I col/100 ml Page 2 of 3 IV Corrective Actions: No corrective actions were required during 2008. • Environmental Impact: There was no observable environmental impact from this treatment facility during 2008. Notification The availability of this report to parents of students and staff will be forwarded to them via posting of this report on school information boards, by memorandum and through regular PTA meetings. Certification I certify under penalty of law that this report is accurate and complete to the best of my knowledge. I further certify that this report has been made available to the users or customers of this system and that those users have been notified of its availability. I am aware that there are significant penalties for submitting false information. 1 �3 O� Signature D to Belvin Hall, Assistant Director Buncombe County Schools Maintenance Page 3 of 3 -- Michael F. Easley, Governor William G. Ross Jr., Secretary Borth Carolina Department or tnvironment and Natural Resources Coleen H. Sullins, Director Division of Water Quality E--.,, F I E E e C P Y Asheville Regional Office November 21, 2008 Mr. Belvin Hall, Assistant Director of Maintenance Buncombe County Board of Education 167 Craven Street Asheville, North Carolina 28806 SUBJECT: Compliance Evaluation Inspection Leicester Elementary School Permit No: NCO066796 Buncombe County Dear Mr. Hall: Enclosed please find a copy of the Compliance Evaluation Inspection form from the inspection conducted on November 17, .2008. The facility was found to be in Compliance with permit NC0066796. Please refer to the enclosed inspection report for additional observations and comments. If you or your staff should have any questions, please call me at 828-296-4500 extension 4662. Sincerely, Wanda P. Frazier Environmental Specialist Enclosure cc: Ken Henson, ORC - RPB Systems, Inc. Bob Barr - RPB Systems, Inc. Central Files AV ;`eWT 1i Tel F,iileS = G�1UUl ATA\ \Buncemb 1667 on � P 96 Leicester�Awleme�t,�!�65f7a96�EG32�f�,Q��o:c Nor�hCarolina Natuta!!y 2090 US Hwy 70, Swannanoa, NC 28778 Telephone: (828) 296-4500 Fax: (828) 299-7043 Customer Service 1-877-623-6748 United States Environmental Protection Agency Form Approved. EPA Washington, D.C. 20460 OMB No. 2040-0057 Water Compliance Ins ection 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 NI 2 15I 31 N00066796 Ill 121 08/11/17 117 18LCI 19I .GI IOU{- Remarks 211111111111111111111111IIIIIIIIIIIIIIIIIII1111116 Inspection Work Days Facility Self -Monitoring Evaluation Rating B1 QA --------------------------Reserved--------------------- 80 67 I l. o 169 70I 3 I 71 I I 721 NJ 73 I Iw t_ 174 751I I Section B: Facility Data Name and Location of Facility Inspected (For Industrial Users discharging to POTW, also include Entry Time/Date Permit Effective Date POTW name and NPDES permit Number) 02:30 PM 08/11/17 06/02/01 Leicester Elementary School Exit Time/Date Permit Expiration Date NCSR 1615 Gilbert Rd Leicester NC 28748 03:30 PM 08/11/17 10/12/31 Name(s) of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data Name, Address of Responsible Official/Title/Phone and Fax Number Contacted No Section C: Areas Evaluated During Inspection (Check only those areas evaluated) Permit M Operations & Maintenance in Records/Reports ® Facility Site Review Effluent/Receiving Waters Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s) and Signature(s) of Inspector(s) Agency/Office/Phone and Fax Numbers Date Wanda P Frazier ARO WQ//828-296-4500 Ext.4662/ r i — I i 01i C�4vj'� �Z/l a�dl 4, &Z K, '-�/ , -1 Signature of Management Q A Reviewer ( Agency/Office/Phone and Fax Numbers Date EPA Form 3560-3 (Rev 9-94) Previous editions are obsolete. Page # 1 NPDES yr/molday Inspection Type (cont.) 1 3I N00066796 I11 12� 08/11/17 I17 .18 U Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) Treatment Units / Process Control Testing / Effluent Data: This facility consists of a septic tank and sand filter system. There are no audible or visible alarms present. The effluent data was as follows: Chlorine = 35 ug/I Records & Reports: A review of the files indicates that the last compliance evaluation inspection was conducted on 2-28-2007 by Janet Cantwell, The permit expires on 12/31/2010. Please request a permit renewal 6 months prior to expiration. A renewal notice will be mailed as -a reminder. The Annual Performance Report was filed for 2008. The 2008 report is due March 1, 2009. The log book was present on -site and had good notation of daily events. Operations & Maintenance / Summary: The effluent appeared to be clear, indicating compliance with permit limits. This facility appears to be well operated and maintained. The operator, Mr. Ken Henson, was on -site during the inspection and is doing an excellent job. Page # 2 Permit: NCO066796 owner - Facility: Leicester Elementary School Inspection Date: 11/17/2008 Inspection Type: Compliance Evaluation Permit Yes No NA NE (If the present permit expires in 6 months or less). Has the permittee submitted a new application? ❑ Q a Q Is the facility as described in the permit? 0 fl Q # Are there any special conditions for the permit? fl M ❑ Is access to the plant site restricted to the general public? ❑ Q Is the inspector granted access to all areas for inspection? Q ❑ Comment: Septic Tank Yes No NA NE (If pumps are used) Is an audible and visual alarm operational? El Q ® 0 Is septic tank pumped on a schedule? ®n n Are pumps or syphons operating properly? ®n Are high and low water alarms operating properly? ❑ ❑ ® ❑ Comment: Sand Filters (Low rate) Yes No NA NE (If pumps are used) Is an audible and visible alarm Present and operational? 0 ❑ M Cl Is the distribution box level and watertight? ®� Is sand filter free of ponding? ®n Is the sand filter effluent re -circulated at a valid ratio? Q # Is the sand filter surface free of algae or excessive vegetation? # Is the sand filter effluent re -circulated at a valid ratio? (Approximately 3 to 1) El 0 0 El Comment: Disinfection -Tablet Yes No NA NE Are tablet chlorinators operational? ® Q Q ❑ Are the tablets the proper size and type? ®o ❑ Q Number of tubes in use? 1 Is the level of chlorine residual acceptable? 00 ❑ El Is the contact chamber free of growth, or sludge buildup? ®n Is there chlorine residual prior to de -chlorination? ®n n p Comment: De -chlorination Yes No NA NE Type of system ? Tablet Page # 3 Permit: NCO066796 Inspection Date: 11/17/2008 Owner - Facility: Leicester Elementary School Inspection Type: Compliance Evaluation De -chlorination Yes No NA HE Is the feed ratio proportional to chlorine amount (1 to 1)? ❑ ❑ ❑ Is storage appropriate for cylinders? ❑ ❑ m ❑ # Is de -chlorination substance stored away from chlorine containers? ❑ ❑ ❑ Comment: Are the tablets the proper size and type? ❑ ❑ ❑ Are tablet de -chlorinators operational? ❑ Cl ❑ Number of tubes in use? 3 Comment: Effluent Pipe Yes No NA NE Is right of way to the outfall properly maintained? 001111 Are the receiving water free of foam other than trace amounts and other debris? 0 ❑ ❑ ❑ If effluent (diffuser pipes are required) are they operating properly? n n IM Cl Comment: Operations & Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? { ❑ ❑ ❑ Does the facility analyze process control parameters, for ex: MLSS, MCRT, Settleable Solids, pH, DO, Sludge ❑ ❑ IN ❑ Judge, and other that are applicable? Comment: Page # 4 o�0? W,ATFRQG r O 'C Michael F. Easley, Governor William G. Ross Jr., Secretary _ j UUU LLL��� fJ North C.; _ department of Environment and Natural Resources SURFACE WATER PROTECTION October 16, 2007 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7006 2150 0005 2458 8764 Mr. R. Belvin Hall Assistant Director, Maintenance 167 Craven Street Asheville, North Carolina 28806 Dear Mr. Hall: Coleen H. Sullins, Director Division of Water Quality Asheville Regional Office Subject: NOTICE OF VIOLATION NOV-2007-LV-0500 Permit No. NCO066796 Leicester Elementary School WWTP Buncombe County A review of Leicester Elementary School's monitoring report for May 2007 showed the following violation: Parameter Date Limit Value Reported Limit Type Value Nitrogen, Ammonia Total 05/31/07 18 mg/I 20 mg/I Monthly (as N) Average Exceeded Remedial actions, if not already implemented, should be taken to correct any problem. Since the comments section on the reverse of the relevant DMR provided an adequate explanation for the subject violation, it is not requested that a response be submitted: however, should you have additional information concerning the violations or comments which you wish to present, please submit them to the attention of Janet Cantwell. The Division of water Quality may pursue enforcement actions for this and any additional violations . If the violations are of a continuing nature, not related to operation and/or maintenance problems, and you anticipate remedial construction activities, then you may wish to consider applying for a Special Order by Consent. You may contact Don Price of this Office for additional information. NorthCarolina �atura!!y North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, N.C. 28778 Phone(828)296-4500 Customer Service Internet: www.ncwaterguality.org FAX (828)299-7043 1-877-623-6748 Mr. R. Belvin Hall Page 2 October 16, 2007 If you should have any questions, please do not hesitate to contact Janet Cantwell or me at 828/296-4500. Sincerely, - . �= Roger C. Edwards, Regional Supervisor Surface Water Protection Section 17cc'�WQ-Ash'evilfe Files WQ Central Files Bob Guerra/ Enforcement Files RPB Systems/ ORC t }, Michael F. Easley, Governor * r William G. Ross Jr., Secretary N'nrth Carolina Departme' _:.nvironment and Natural Resources ��, uz <.,� •� Alan W. Klimek, P.E. Director Division of Water Quality Asheville Regional Office SURFACE WATER PROTECTION March 27, 2007 Mr. Belvin Hall, Assistant Director, Maintenance Buncombe County Board of Education 167 Craven Street Asheville, North Carolina 28806 SUBJECT: Compliance Evaluation Inspection Status: Compliant . Buncombe County Board of Education Leicester Elementary School Wastewater Treatment Plant Permit No: NCO066796 Buncombe County Dear Mr. Hall: Enclosed please find a copy of the Compliance Evaluation Inspection form from the inspection conducted on February 28, 2007. The facility appeared to be in compliance with Permit # NC0066796. Mr. Henson is doing a fine job of operating this facility. Please refer to the,enclosed inspection report for additional observations and comments. If you or your staff have any questions, please call me at 828-296-4500, Ext. 4667. Sincerely, et Cantwell Environmental Specialist Enclosure en ra i es, w a • ac nt Ken Henson/ORC, RPB Systems, w/ attachment 2090 U.S. Highway 70, Swannanoa, NC 28778 Telephone: (828) 296-4500 Fax: (828) 299-7043 Customer Service 1 877 623-6748 NonrthCarolina Natura!!ry United States Environmental Protection Agency E/� Washington, D.C. 20460 Form Approved. /`A 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 17I 2 5 31 N00066196 111 121 O7/02/28 117 18I r,1 19 GI 201 JJ J t_J Remarks 2111111111IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII IIII II16 Inspection Work Days Facility Self -Monitoring Evaluation Rating 131 QA ------------------- 7------ Reserved ---------- ------- -- - 67 69 70 U 71 I I 72 Lj 73I —u I � 74 75I I I I I I I 180 t Section B: Facility Data Name and Location of Facility Inspected (For Industrial Users discharging to POTW, also include POTW name and NPDES permit Number) Entry Time/Date Permit Effective Date Lel.cester. Kementa.ry School. 12:20 PM 07/02/2.8 06/02/01 Exit Time/Date Permit Expiration Date NCSR 1615 Gilbert Rd he1.Cest'.e.r NC 28748 1-2:52 PM 07/02%28 1.0/1.2/31. Name(s) of Onsite Representative(s)Mtles(s)/Phone and Fax Number(s) Other Facility Data I/1 .Name, Address of Responsible Official/Title/Phone and Fax Number Contacted Be1v4.n A.a.Rl,ln"7 Craven St Ashevil.l.e NC 28806//828-232-4244/ No Section C: Areas Evaluated During Inspection (Check only those areas evaluated) Permit ■ Operations & Maintenance ® Records/Reports Self -Monitoring Program Facility Site Review Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s) and Signature(s) of Inspector(s) Agency/Office/Phone and Fax Numbers Date Janet Cantwell. ARO TQ//828-296-4500 Ext.4661% L Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date EPA Form 3560-3 (Rev 9-94) Previous editions are obsolete. Page # 1 NPDES yr/mo/day Inspection Type 1 3I t7C:0066796 I11 12I 07/02/26 I17 18LJ Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) The previous compliance evaluation inspection was conducted on February 13, 2006. A review of the files indicates that the permit expires December 31, 2010. The effluent data on the day of the inspection: Temperature = 11.3 degrees Celcius pH = 6.52 units The log book was present on -site and had good records of daily events. The effluent was clear. This facility appears to be well operated and maintained and the operator is doing a good job. Page # 2 Permit: NCO066796 Owner - Facility: Leicester Elementary School Inspection Date: 02/28/2007 Inspection Type: Compliance Evaluation Pe - (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? ■ Cl ❑ n # Are there any special conditions for the permit? ❑ ® I] ❑ Is access to the plant site restricted to the general public? ®❑ ❑ n Is the inspector granted access to all areas for inspection? ■ ❑ ❑ n Comment: Operations & Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? ■ ❑ ❑ ❑ Does the facility analyze process control parameters, for ex: MLSS, MCRT, Settleable Solids, pH, DO, Sludge ®❑ ❑ ❑ Judge, and other that are applicable? Comment: Record Keeping Yes No NA NE Are records kept and maintained as required by the permit? ® ❑ ❑ ❑ Is all required information readily available, complete and current? e ❑ ❑ ❑ Are all records maintained for 3 years (lab. reg. required 5 years)? ❑ ❑ ❑ Are analytical results consistent with data reported on DMRs? ❑ Cl n U Is the chain -of -custody complete? ❑ ❑ ❑ Dates, times and location of sampling ❑ Name of individual performing the sampling ❑ Results of analysis and calibration Cl Dates of analysis ❑ Name of person performing analyses ❑ Transported COCs Cl Are DMRs complete: do they include all permit parameters? ® n ❑ n Has the facility submitted its annual compliance report to users and DWQ? ■ ❑ ❑ n (If the facility is = or > 5 MGD permitted flow) Do they operate 24/7 with a certified operator on each shift? n ❑ ■ 0 Is the ORC visitation log available and current? ■ ❑ ❑ n Is the ORC certified at grade equal to or higher than the facility classification? ■ ❑ ❑ n Is the backup operator certified at one grade less or greater than the facility classification? ■ ❑ ❑ ❑ Is a copy of the current NPDES permit available on site? ■ n ❑ n Page # 3 ff Permit: NCO066796 Owner - Facility: Leicester Elementary School Inspection Date: 02/28/2007 Inspection Type: Compliance Evaluation Record Keeping Yes No NA NE Facility has copy of previous year's Annual Report on file for review? ®❑ ❑ ❑ Comment: Septic Tank Yes No NA NE (If pumps are used) Is an audible and visual alarm operational? ❑ ❑ ■ ❑ Is septic tank pumped on a schedule? ®❑ ❑ ❑ Are pumps or syphons operating properly? ®❑ Cl ❑ Are high and low water alarms operating properly? ❑ ❑ ■ ❑ Comment: Sand Filters '(Low rated Yes No NA NE (If pumps are used) Is an audible and visible alarm Present and operational? ❑ ❑ ■ ❑ Is the distribution box level and watertight? ® ❑ ❑ ❑ Is sand filter free of ponding? ®❑ ❑ ❑ Is the sand filter effluent re -circulated at a valid ratio? ❑ ❑ ■ ❑ # Is the sand filter surface free of algae or excessive vegetation? ®❑ ❑ ❑ # Is the sand filter effluent re -circulated at a valid ratio? (Approximately 3 to 1) ❑ ❑ ■ ❑ Comment: Disinfection -Tablet Yes No NA NE Are tablet chlorinators operational? ®❑ ❑ ❑ Are the tablets the proper size and type? ®❑ ❑ ❑ Number of tubes in use? 2 Is the level of chlorine residual acceptable? IF, ❑ Cl ■ Is the contact chamber free of growth, or sludge buildup? ®❑ 110 Is there chlorine residual prior to de -chlorination? ❑ D ❑ M Comment: Total Residual Chlorine limits will not apply until August 1, 2007. Page # 4 RPB Systems Construction Services • Contract Operations - Maintenance March 16, 2006 North Carolina Division of Water Quality Central Files 1617 Mail Service Center Raleigh, NC 27699-1617 mimupbsystems.com RO. Box 1325 ° Asheville, NC 28802 (828) 251-1900 • (828) Z51-1945 Fax Re: 2005 Annual Performance Report- Buncombe County Schools- Leicester Elementary School NC0066788 As per the requirement within NPDES permit NCO066788 this letter is to provide a summary of the performance of our wastewater treatment system with respect to applicable Federal and State laws, and regulations and rules pertaining to water quality. A summary of our monthly reporting results is a follows: Flow BOD TSS NH3N Fecal Jan 0.0018 5.5 3.8 10.2 1.0 Feb 0.0018 1.0 0 7.5 1.0 Mar 0.0056 2.0 8.2 6.35 <1.0 April 0.0008 2.0 6.8 0.8 1.0 May 0.001 5.5 2.8 1.6 1.0 Jun 0.0003 4.0 5.7 0 1.0 Jul 0.0006 5.0 4.5 0.1 1.0 Aug0.0008 7.5 6.0 2.3 1.0 Set 0.0001 0 7.8 0.2 2.0 Oct 0.0011 1.0 6.0 0.3 1.0 Nov 0.0005 7.5 6.0 1.7 1.0 Dec 0.0012 1.0 1.0 0.3 1.0 .011 FP�e-rnit Limits MGD 30/45 30145 18/35s 200/400 The facility had no violations in 2005. If you have any questions or concerns, please contact us anytime. N/Vc� Robert Barr Cc: Belvin Hall, Buncombe County Schools .�,RPB Svstems Construction Services • Contract Operations • Maintenance March 16, 2006 Ms. Janet Cantwell North Carolina Department of Environmental Health and Natural Resources Water Quality Section 2090 U.S. Highway 70 Swannanoa, NC 28778 Re: Notice of Deficiency Compliance Evaluation Inspection NPDES Permit NCO066196 Buncombe County Schools Leicester Elementary School Buncombe County Dear Ms. Cantwell, www.rpbsystems.com P.O. Box 1325 • Asheville, NC 28802 (828) 251-1900 • (828) 251-1945 Fax This letter is written on behalf of the Buncombe County Schools to provide information as to remedial action taken to the above referenced facility. RPB Systems, Inc. is the contract operations firth, which operates this facility. As outlined in your 3/13/06 letter attached as reference we respond as follows: 1. The annual reports are complete for all facilities and are in today's mail. I have copied your office all these reports. As stated with Mr. Roger Edwards by phone conversation we have operated these facilities for over fifteen years and have not prepared these reports before. The requirement was inserted in permit renew in 2001 and overlooked by all parties involved and not noted by your office until your most recent inspection in February of this year. From now on these reports will be reported as required. I trust you will call if you have any further questions or concerns. Robert Barr Cc: Mr. Belvin Hall Ken Henson File 77, IF MAR ' 1 Z. 2006� l E r ��� c'h`Lei`�`:i`�afs{�y';���ov�rnoru�•�:-.�, Stu retNorth Carolina Department o 21 M on and turouran�W Klipiekire i -4 isionfoi.watef Qµ lity ^y Asheville Regional Office SURFACE WATER PROTECTION March 13, 2006 Mr. R. Belvin Hall Buncombe County Board of Education 167 Craven St Asheville, North Carolina 28806 SUBJECT: Notice of Deficiency Compliance Sampling Inspection Buncombe County Board of Education Leicester Elementary School NPDES Permit # NCO066796 Buncombe County Dear Mr. Hall: Enclosed please find a copy of the Compliance Sampling Inspection form from the inspection I conducted on February 13, 2006. Based'upon my observations of the sand filter system and upon the results of the analyses of the effluent samples collected, the facility was determined to be in compliance with its NPDES permit, however, a review of our records reveal that no Performance Annual Report has been received by the Division. This is a violation of Part II Section E.12 of the facility's NPDES permit, #NC0086436, which requires submittal of this report, no later than 60 days after the end of the Permittee's calendar or fiscal year. Please refer to the enclosed inspection report for additional observations and comments'. If you or your staff have any questions, please call me at 828-296-4500 Ext.4667. Sincerely, net Ca !ell Environmental Technician Enclosure cc: Robert P Barr, ORC Central Files s MVil.I:e�F.i1e- NoLCarolina Naturally 2090 U.S. Highway 70, Swannanoa, NC 28778 Telephone: (828) 296-4500 Fax: (828) 299-7043 Customer Service 1 877 623-6748 United States Environmental Protection Agency Washington, Form Approved. D.C. 20460 EPA 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 NI 2 15I I 3I NCO066796 111 121 06/02/13 117 181 SI 191 SI 20I II LJ Remarks 211 1 1 1 1 1 1 1' 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 16 Inspection Work Days Facility Self -Monitoring Evaluation Rating B1 QA ---- —----- ----- ------- Reserved ------------------- -- 67I 169 70131 71 I_j 721 NJ 73 �_ I I 174 751 I I I 1 I I 180 �_l 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) Leicester Elementary School 12:10 PM 06/02/13 06/02/01 Exit Time/Date Permit Expiration Date NCSR 1615 Gilbert Rd Leicester NC 28748 12:40 PM 06/02/13 10/12/31 Name(s) of Onsite Rep resentative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data Robert P Barr/ORC/828-251-1900/ Name, Address of Responsible Official/Title/Phone and Fax Number Belvin Hal1,167 Craven St Asheville NC 28806//828-232-4244/ Contacted No Section C: Areas Evaluated During Inspection (Check only those areas evaluated) Permit ■ Flow Measurement ® Operations & Maintenance ® Records/Reports Self -Monitoring Program N Sludge Handling Disposal ® Facility Site Review ® Effluent/Receiving Waters Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s) and Signature(s) of Inspector(s) Agency/Office/Phone and Fax Numbers Date Janet Cantwell ARO WQ//828-296-4500 Ext.4667/ / ®� gn tyre of Management Q A Reviewer Agency/Office/Phone and Fax Numbers . Date Ari SPA Form 3560-3 (Rev 9-94) Previous editions are obsolete. Page # 1 ELI NPDES yr/mo/day Inspection Type 3I NCO066796 I11 121 06/02/13 117 18IS1 Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) Effluent analyses results: BOD < 2 mg/I TSS < 2.5 mg/I Fecal coliform < 1 colony/100 ml pH 6.53 s.u. Temperature 9.5 degrees C TRC > 500 ug/I Effluent was clear, sand bed was free of vegetation and relatively level. ORC logbook was available and current. Review of self -monitoring reports for past 12 months shows consistent compliance with effluent limits. Page # 2 1:1 Permit: NCO066796 Inspection Date: 02/13/2006 Owner - Facility: Leicester Elementary School Inspection Type: Compliance Sampling Operations & Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? 011011 Does the facility analyze process control parameters, for ex: MLSS, MCRT, Settleable Solids, pH, DO, Sludge ❑ ❑ ■ ❑ Judge, and other that are applicable? Comment: rN___:, 11 .. ... — (If the present permit expires in 6 months or less). Has the permittee submitted a new application? DOED 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 ail areas for inspection? ■ ❑ ❑ ❑ Comment: Record Keeping Yes No NA NE Are records kept and maintained as required by the permit? ❑ ❑ ❑ ■ Is all required information readily available, complete and current? ❑ ❑ ❑ ■ Are all records maintained for 3 years (lab. reg. required 5 years)? ❑ ❑ ❑ ■ Are analytical results consistent with data reported on DMRs? ❑ ❑ ❑ ■ Is the chain -of -custody complete? ❑ ❑ ❑ ■ Dates, times and location of sampling ❑ Name of individual performing the sampling ❑ Results of analysis and calibration ❑ Dates of analysis ❑ Name of person performing analyses ❑ Transported COCs ❑ Are DMRs complete: do they include all permit parameters? ® ❑ ❑ ❑ Has the facility submitted its annual compliance report to users and DWQ? ❑ ■ ❑ ❑ (If the facility is = or > 5 MGD permitted flow) Do they operate 24/7 with a certified operator on each shift? ❑ ❑ ■ Cl Is the ORC visitation log available and current? ■ ❑ ❑ ❑ Is the ORC certified at grade equal to or higher than the facility classification? ■ ❑ ❑ ❑ Is the backup operator certified at one grade less or greater than the facility classification? ■ ❑ ❑ ❑ Is a copy of the current NPDES permit available on site? ■ ❑ ❑ ❑ Page # 3 [i] Permit: NCO066796 Owner - Facility: Leicester Elementary School Inspection Date: 02/13/2006 Inspection Type: Compliance Sampling Record Keeping Yes No NA NE Facility has copy of previous year's Annual Report on file for review? ❑ ■ D 1) Comment: Facility has not submitted a Performance Annual Report. Effluent Pipe Yes No NA NE Is right of way to the outfall properly maintained? 171 ❑ ❑ ■ Are the receiving water free of foam other than trace amounts and other debris? ❑ ❑ Cl ■ If effluent (diffuser pipes are required) are they operating properly? ❑ ❑ ■ ❑ Comment: Outfall is located some distance from treatment plant. Sand Filters (Low rate) Yes No NA NE (If pumps are used) Is an audible and visible alarm Present and operational? ❑ ❑ ■ ❑ Is the distribution box level and watertight? ❑ ❑ ■ Cl Is sand filter free of ponding? ■ ❑ ❑ ❑ Is the sand filter effluent re -circulated at a valid ratio? n n ■ n # Is the sand filter surface free of algae or excessive vegetation? ■ ❑ ❑ ❑ # Is the sand filter effluent re -circulated at a valid ratio? (Approximately 3 to 1) ❑ ❑ ■ ❑ Comment: Facility consists of a 10,000 gallon septic tank, 3,000 gallon dosing tank with dual siphons followed by a sand filter. Septic Tank Yes No NA NE (If pumps are used) Is an audible and visual alarm operational? ❑ ❑ ■ ❑ Is septic tank pumped on a schedule? ■ ❑ ❑ ❑ Are pumps or syphons operating properly? ■ ❑ ❑ ❑ Are high and low water alarms operating properly? ❑ n ■ n Comment: Disinfection -Tablet Yes No NA NE Are tablet chlorinators operational? ■ n n n Are the tablets the proper size and type? ■ ❑ ❑ ❑ Number of tubes in use? 2 Is the level of chlorine residual acceptable? n ❑ ■ fl Is the contact chamber free of.growth, or sludge buildup? ■ ❑ ❑ ❑ Is there chlorine residual prior to de -chlorination? ❑ ❑ ■ ❑ Comment: Total Residual Chlorine limits will not apply until August 1, 2007 Effluent chlorine residual at time of inspection was >500 ug/I. Page # 4 DIVISION OF WATER QUALITY WATER QUALITY FIELD -LAB FORM (DM1) For Lab Use ONLY If (�sQ�l COUNTY M ;:�, 45 PRIORITY SAMPLE TYPE RIVER BASIN FRON[_ H- B jeq J:)D ❑ AMBIENT ❑ STREAM PIE—FFLUENT REPORT TOaRO MRO RRO WaRO WiRO WSRO TS AT BM �'rOMPLIANCE ❑ LAKE ❑ INFLUENT Other Other Shipped by: Bus, Courier, Sta$ Other ❑ EMERGENCY COLLECT ❑ ESTUARY Lab Number: Date Received::-J-i ,� o�-, Time: �5 Ree'd by: j s, From: Bus -Courier' wand I3eL DATA ENTRY BY: s �_S CI{: ;J IA j DATE REPORTED: ; - 7 - C� OR(S).• &-- If Estimated BOD Range: 0-5/5-25/25-65/40-130 or 100 plus STATION LOCATI0N:,KC-1�° Seed: Yes ❑ No ❑ Chlorinated: Yes{ No ❑ 66 f Station f# Date Begin (yy/mm✓dd) Time Begin /D�ato�End� /y — Time End Depth DM DB 11(U [�f I a 1; I OD5 310' 1 1 (7 h `i mg/L 2 COD High 340 mg/L 3 COD Low 335 mg/L 4 jo+ Coliform: MF Fecal 31616 5 Coliform: MFTotal 31504 /100ml 6 Coliform: Tube Fecal 31615 /100ml 7 Coliform: Fecal Strep 31673 /100m1 8 Residue: Total 500 mg/L 9 Volatile 505 mg/L 10 Fixed 510 mg/L 1 I Residue: Suspended 530 e';' L) mg/L 12 Volatile 535 mg/L 13 Fixed 540 mg/L 14 pH 403 units is Acidity to pH 4.5 436 r mg/L 16 Acidity to pH 8.3 435 mg/L 17 Alkalinity to pH 8.3 415 mg/L 18 Alkalinity to pH 4.5 410 mg/L 19 TOC 680 mg/L 20 Turbidity 76 NTU Chloride 940 mg/L Chl a 70953 pg/L Color: True 80 Pt -Co Color.(pH ) 83 ADMI Color:pH 7.6 82 ADMI Cyanide 720 mg/L Fluoride 951 mg/L Formaldehyde 71880 mg/L Grease and Oils 556 mg/L Hardness Total 900 mg/L Specific Cond. 95 MBAs 38260 mg/L Phenols 32730 µg/L Sulfate 945 mg/L Sulfide 745 mg/L no Type Composite A H L T S B NH3 as N 610 mg/L TKN as N 625 mg/L NO2 plus NO3 as N 630 mg/L P: Total as P 665 mg/L PO4 as P 665 mg/L P: Dissolved as P 666 mg/L Cd-Cadmium 1027 µg(L Cr-Chromium;Total 1034 µg/L Cu-Copper 1042 µg/L Ni-Nickel 1067 µg/L Pb-Lead 1051 pg/L Zn-Zinc 1092 µg/L Ag-Silver 1077 µg/L Al -Aluminum 1105 pg/L Be -Beryllium 1012 pg/L Ca -Calcium 916 mg/L Co -Cobalt 1037 µg/L Fe -[ran 1045 µg/L Li -Lithium 1I32 Mg -Magnesium 927 Mn-Manganese 1055 Na-Sodium 929 Arsenic:Total 1002 Se -Selenium 1147 Hg-Mercury 71900 Organochlorine Pesticides Organophosphorus Pesticides Acid Herbicides I I Base/Neutral Extractable Organics Acid Extractable Organics Sample Type C G GNXx µB/L mg/L µg/L mg/L µg/L µg/L µg/L Purgeable Organics (VOA bottle req'd) Phytoplankton It arrival: / , `% Sampling Point % Conductance at 25°C Water Temperature °C D.O. mwIL pH Alkalinity AcidityAir _ PH 8.3 pH4.5 pH 4.5 8.3 Temperature °C 2 4 Salinity %o 0 Precipitation (inlday) 300 Cloud Cover % 400 Wind Direction (Deg) 82244 431 Stream Flow Severity Turbidity Severity pH 82243 82242 Wind Velocity Mean Stream Depth fL 20 Stream Width ft. 80 45 32 36 1351 1350 35 64 4 1 I 1 r' V ►. 1 Of CMdte items.11, 2; and 3: ■ Pnt1 "our name and address on the reverse _so that we can return the card to you. aced by (F i Clark Wyatt _^z /10 Buncombe County Schools 4._.;delivery • 175 Bingham Road YES, �(c§? Asheville, NC 28806 I 8V�` rDomestic mallIII'�Illnitlll���nl��l�n�nll�'III��ilIidIIilljIiIidil'i 1 11. 1{!0 43 r9 j- Cerhfled Mail Fee ServlCe Sign 6. IIIIIIIIIII �� ��� II III IIII III III III ❑Certlfie gn DRetum Receipt(tiardt ❑ Retum Receipt (elect 9590 9402 2119 6132 6492 91 rtfied ti O 0 ❑ Certified Mail Restrie ❑ Collect on 3 ❑Adult Signature Regtl—O—Artir_ —Niimher_(Tl2f1SfE?Lfr m-Sq vicB 1gbe0 ❑ Collect on _ ,� :_ 7016 �,37dH 0001657=1 _ ___•M 8q:97 O P❑u�ItiSignatureReshl •N, r1 /ErA-g ent j ❑ Addressee Name) C. Date of Deliver) different from item 1? u pry address below: y❑ O� °c a T _OVNI 'pe m �/❑ Priority Mall Express® ire . �1 Restricted Delivery ❑ Registered MallTm ❑ Registered Mail Restrict, ire . IO Delivery L.�estrlctedgelivery (URetumReceiptfor -livery, IMGlerchandise ;livery Restricted Delivery ❑ Signature Confirmationm >. ❑ Signature Confirmation Restricted DellveFy ; Restricted DellvamrN m $ PSI Form 3$11, Jlalyl2015 PSN 7530-I)2000-9.053AIV� , 20% '/ LV v r%,�i Domestic Return rq —� V _ ,n Clark Wyatt ra Buncombe County Schools 175 Bingham Road Asheville, NC 28806 USPS TRACKING # li First-Class Majilk Postage & Fe id lit USPS € Permit No. G-10 1111 by w$ ,M 9590 9402 "� 1' "L32 6492 91 United States • Sender: Please print your Postal Service JA NC' 2090 swAi lilit11111il11t1111r11riri Certified Mail service provides the following benef ■ A receipt (this portion of the Certified Mail label). for an electronic return receipt, s it ■ A unique identifier for your mailpiece. associate for assistance. To receive a duplicate ■ Electronic verification of delivery or attempted return receipt for no additional fee, present this delivery. USPS®-postmarked Certified Mail receipt to the ■ A record of delivery (including the recipient's retail associate. signature) that is retained by the Postal Service— Restricted delivery service, which provides for a specified period. delivery to the addressee specified by name, or Important Reminders. to the addressee's authorized agent - ■ You may purchase Certified Mail service with Adult signature service, which requires the signee to be at least 21 years of age (not First -Class Mail®, First -Class Package Service®, available at retail). or Priority Mail® service. ■ Certified Mail service is notavailable for Adult signature restricted delivery servige, which requires the signee to be at least 21 years of age International mail. ■ Insurance coverage is notavallable for purchase and provides delivery to the addressee specified by name, or to the addressee's authorized agent with Certified Mail service. However, the purchase (not available at retaio. of Certified Mail service does not change the insurance coverage automatically included with certain Priority Mail items. ■ For an additional fee, and with a proper endorsement on the mailpiece, you may request the following services: - Return receipt service, which provides a record of delivery (Including the recipient's signature). You can request a hardcopy return receipt or an electronic version. For a hardcopy return receipt, complete PS Form 3811, Domestic Return WWI J& nt, attach PS Form 3811 to your mailpiece; ■ To ensure that your Certified Mail receipt is accepted as legal proof of mailing, it4hould bear a LISPS postmark. If you would like a postmark on this Certified Mail receipt, please present your Certified Mail item at a Post Office- for postmarking. If you don't need a postmark on this Certified Mall receipt, detach the bar6ded portion of this label, affix it to the mailpiece, apply appropriate postage, and deposit the mailpiece. IMPORTANT. Save this receipt for your records. ■ C�te items 1, 2, and 3. Also complete A. ite f Restricted Delivery is desired. X ■ Prim our name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: 'sA :GiSCiei1T j i,e ctv r,';Aainten a nce 2ri! C?avelt 3Yree.r,k. sheadllez;=NG +',}TRCn gn(oCO Ll zt- -U Agent by (Pnnted_Uarne) /J C. Date Is delivery address different from item VK ❑ Yes If YES, enter delivery address below: ❑ No 3. Service Type Certified Mail ❑ Express Mail ❑ Registered � Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. A 4. Restricted Delivery? (Extra Fee) (Em 2. Article Number 7006 2150 0005 2458 8764 (Transfer from service label)1 � RE (En? PS Form 3811, February 2004 .: Domestic Return Receipt 102595-02-M-154 � w Jr) Total Postage & Fees W 'U A street, Apt. No.; Mr. R. Helvin Ha?; :3 or PO Box No. ass?s`.a+rt0vec,n;,;lain+ City, State, ZlP+4 hs!?c�;NF:, N,. .'slz•ic UNITED STATES POSTAL SERVICE First-CI_ass Mail Postage'& Fee aid • Sender: Please print your name, address, and;ZIP 4 in this •w 0 o o 0_ NC Dept. of: Certified Mail Provides: Natural Res ■ A mailing receipt Surface Wate ■ A unique identifier for your mallpiece 2090 U.S. 70 ■ A record of delivery kept by the Postal Service for two years Swannanoa, ] Important Reminders: ■ Certified Mail may ONLY be combined with First -Class Mail® or Priority Mail, 1 ■ Certified Mail is not available for any class of international mail. in NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. Fc valuables, please consider Insured or Registered Mail. ■ For an additional fee, a Return Receipt may be requested to provide proof o delivery. To obtain Return Receipt service, please complete and attach a Retun Receipt (PS Form 3811) to the article and add applicable postage to cover th, fee. Endorse mailpiece "Return Receipt Requested°. To receroe a fee waiver foi a duplicate return receipt, a USPS® postmark on your Certified Mail receipt i; required. ■ For an additional fee, delivery may be restricted to the addressee a addressee's authorized agent. Advise the clerk or mark the mailpiece with thl endorsement 'Restricted -Delivery. ■ If a postmark on the Certified Mail receipt is desired, please present the art! cle at the post office for postmarking. if a postmark on the Certified Ma receipt is not needed, detach and affix label with postage and mail. IMPORTANT: Save this receipt and present it when making an Inquiry. PS Form 3800, August 2006 (Reverse) PSN 7530-02-000-9047