Loading...
HomeMy WebLinkAboutNC0025933_Regional Office Historical File 2006 to 2019September 24, 2019 G. Landon Davidson, P.G. Regional Supervisor American Motel Management, Inc. 1872 Montreal Road Suite A Tucker, GA 30084-5709 (770) 939-1801 (770) 939-1419 (Fax) Water Quality Regional Operations Section 2090 US 70 Hwy Swannanoa, NC 28778 Re: Notice of Violation & Intent to Assess Civil Penalty Nov-209-OV-0007 Permit # NCO025933 Days Inn West WWTP Buncombe County 00 - 1 � i � 1. 1 Water Quality Regional Operations Asheville Regional Office Please find attached letter from Statesville Analytical dated 7/1/19 stating that they were taking over the oversight of our WWTP. We relied on this statement as our ORC of record. Please let me know if there is further information that I can provide to avoid any civil penalties. Best regards, .,0-" Deborah Harrell Enc: Statesville Analytical www.Americanmotelontine.com 122 Court St. Statesville, NC 28677 1INTI. V.Sa-nc.co 3 July 1, 2019 Dear Jaynes and James Clients, Statesville, NC 28687 1 am excited to announce that today James and James is now providing laboratory services through Statesville Analytical Holdings, LLC. Statesville Analytical is a leader in environmental field sampling and analysis providing laboratory services for water and waste water programs including NPDES, NCDWQ, NCPWSS, NCDHHS, FHA, VA, USDA and the general public. WHAT DOES THIS MEAN FOR YOU? On a day-to-day, its business as usual only now we have new resources and a wider range of laboratory services to offer. One of the prized features is our state of the art LIMS systems that allows us to deliver faster results to you as well as easily accessed archived data. Juanita has taken a position with Envirolink, Inc. as the Area Director for their mountain region. Envirolink, Inc. is providing the operations service for the James and James clients so you will have the same caring and detail oriented staff that you had with James and James. WHAT DOES THIS MEAN FOR US? Our entire staff at Statesville Analytical and Envirolink along with the former James and James staff is now part of one of the nation's fastest growing utility and laboratory chains servicing several States throughout America. This means increased staff and broader range of expertise to serve our clients. You will be contacted by a member of our business development team in the short -,Future to discuss your needs. In the meantime if you have questions you may contact us at (704) 872-4697. I would like to take this opportunity to welcome you to our team and I look forward to working with you! Melissa Myers, President D B( 03 Statesville Analytical Holdings, LLC SEP 2 7 2019 Water Quality Regional Operations Asheville Regional Office Water Resources ENVIRONMENTAL QUALITY Ms. Deborah Harrell Days Inn West 2551 Smokey Park Highway Candler, NC 28715 Dear Ms. Harrell: PAT MCCRORY Goremor DONALD R. VAN DER VAART Secrelary S. JAY ZIMMERMAN January 8, 2016 1 i...;f'1.... n of Water Re::ources Divisio ! FEB - 3 2016 llla! ,r r?ualrfy Reginn,11 Operations Subject: Issuance of NPDES Permit NC0025933 Days Inn West WWTP 2551 Smokey Park Highway, Candler 28715 Buncombe County The Division of Water Resources (the Division) hereby issues the attached NPDES permit for the subject facility. 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. The Division understands that you have made no significant changes to your facility since the last permit renewal. We have made the following updates to your previous permit: • added parameter codes to Section A. (1.) • added Electronic Reporting - Discharge Monitoring Reports page [Section A. (2.)]. We have made the following updates since the draft permit: • updated the facility map including a correction to the coordinates: Latitude (350 32, 27") and ,Longitude (82° 45' 7"). 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 electronically to the Environmental Protection Agency (EPA). The Division anticipates that these regulations will be adopted and is beginning implementation. The requirement to begin reporting discharge monitoring data electronically using the NC DWR's Electronic Discharge Monitoring Report (eDMR) internet application has been added to your NPDES permit. [See Special Condition A. (2.)] For information on eDMR, registering for eDMR and obtaining an eDMR user account, please visit the following web page: http://portal.nedenr.org/web/wq/adminibog/ipu/edmr. For information on EPA's proposed NPDES Electronic Reporting Rule, please visit the following web site: littp://www2. epa.gov/compliance/proposed-npdes-electronic-reporting-rule. 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Phone: 919-807-6300 \ Internet: www.newaterquality.org An Equal Opportunity \ Affirmative Action Employer — Made in part by recycled paper Ms. Harrell January 8, 2016 Page 2 of 2 If any parts, measurement frequencies, or sampling requirements contained in this permit are unacceptable, you have the right to an adjudicatory hearing, upon written request submitted within thirty (30) days after receiving this letter. Your request must take the fonn of a written petition conforming to Chapter 150B of North Carolina General Statutes, and you must file it with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, North Carolina 27699-6714. Unless such a demand is made, this permit shall remain 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 Resources or any other Federal, State, or Local governmental permits that may be required. If you have questions, or if we can be of further service, please contact Derek Denard at [derek.denard@ncdenr.gov] or call (919) 807-6307. qJayy ly, G merman, P.G., Dir�. Division of Water Resources, NCDEQ Enclosure: NPDES Permit NC0025933 (Issuance Final) he: Central Files NPDES Program Files ATM: Files/ �.ttn: aridox` n av dsoh ec: Juanita James, James anc James Environmental Mgt., Inc. Ujemi@bellsouth.net] NPDES Permit NCO025933 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF WATER RESOURCES PERMIT TO DISCHARGE WASTEWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM NPDES 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, Days Inn of Candler, Inc. is hereby authorized to discharge wastewater from a facility located at Days Inn West WWTP 2551 Smokey Park Highway, Candler 28715 Buncombe County to receiving waters designated as George 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, 2016. This permit and authorization to discharge shall expire at midnight on October 31, 2020. Signed this day January 8, 2016. f C S. J�� Zimmerman, P.G., Dire or --- Dvision of Water Resources By Authority of the Environmental Management Commission Page 1 of 5 NPDES Permit NC0025933 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. Days Inn of Candler, Inc. is hereby authorized to: 1. continue to operate a 0.02 MGD wastewater treatment facility with the following components; o influent lift station o flow equalization basin o flow meter . o manual bar screen o extended aeration basin with dual blowers o rectangular hopper clarifier with skimmer and sludge return o aerobic sludge digester o tablet chlorinator and chlorine contact chamber o tablet dechlorinator located at 2551 Smokey Park Highway, Candler, NC, at the Days Inn West WWTP, Buncombe County, 2. discharge from said treatment works at the location specified on the attached map into George Branch [6-76-3], a waterbody classified C located within Subbasin 04-03-02 [HUC: 060101050502] of the French Broad River Basin. Page 2 of 5 NPDES Permit NCO025933 PART I A. (L) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS [15A NCAC 02B .0400 et seq.; 02B .0500 et seq.] 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, monitored and reported' by the Permittee as specified below: EFFLUENT CHARACTERISTICS [Parameter Codes] LIMITS MO�NITORING.REQUIREMENTS1, ; Monthly . Averago. , .. Daily Maximum - Measurement Frequency „ Sample " T pe. Sample Location Flow (MGD) 50050 0.02 MGD Weekly Instantaneous Influent or Effluent Total Residual Chlorine (TRC) 2 (µg/L) 50060 28 µg/L2 2/Week Grab Effluent BOD, 5-day (20°C) (mg/L) C0310 30.0 mg/L 45.0 mg/L Weekly Grab Effluent Total Suspended Residue (mg/L) C0530 30.0 mg/L 45.0 mg/L Weekly Grab Effluent Ammonia Nitrogen (mg/L) Apr. 1—Oct. 31 C0610 4.7 mg/L 23.5 mg/L Weekly Grab Effluent Ammonia Nitrogen (mg/L) Nov.1—Mar. 31 C0610 16.8 mg/L 35.0 mg/L Weekly Grab Effluent Fecal Coliform 3 (V oom1) 31616 200 / 100 ml 400 / 100 ml Weekly Grab Effluent pH (su) 00400 >_ 6.0 & <— 9.0 standard units Weekly Grab Effluent Temperature (°C) 00010 Monitor & Report Weekly Grab Effluent Footnotes: I. No later than 270 days from the effective date of this permit, begin submitting discharge monitoring reports electronically using NC DWR's eDMR application system. See Condition A. (2.). 2. The Division shall consider all effluent TRC values reported below 50 µg/L 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 µg/L. 3. Fecal Coliform shall be calculated using the geometric mean, according to the procedure detailed in Part 11 Section A. Conditions: i There shall be no discharge of floating solids or visible foam in other than trace amounts. Page 3 of 5 NPDES Permit NCO025933 A. (2.) ELECTRONIC REPORTING OF DISCHARGE MONITORING REPORTS [G.S. 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 electronically to the Environmental Protection Agency (EPA). The Division adopted these regulations in 2013. NOTE: This special condition supplements or supersedes the following sections within Part H 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. Reporting [Supersedes Section D. (2.) and Section E. (5.) (a)1 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 DENR / DWR / Information Processing Unit ATTENTION: Central Files / eDMR 1617 Mail Service Center Raleigh, North Carolina 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, 1. 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. Page 4 of 5 NPDES Permit NCO025933 A. (2.) ELECTRONIC REPORTING OF DISCHARGE MONITORING REPORTS, continued Information on eDMR and application for a temporary waiver from the NPDES electronic reporting requirements is found on the following web page: http://portal.ncdenr.org/web/wq/admin/bog/ipu/edmr 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. 2. SiLrnatory Requirements [Supplements Section B. (11.) (b) and supersedes Section B (11) (d)1 All eDMRs submitted to the permit issuing authority shall be signed by a person described in Part 11, Section B. (11.)(a) or by a duly authorized representative of that person as described in Part II, Section B. (I 1.)(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, registering for eDMR and obtaining an eDMR user account, please visit the following web page: http://portal.ncdenr.org/web/wg/admin/bo/ipuledmr Certification. Any person submitting an electronic DMR using the state's eDMR system shall make the following certification [46 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 or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete: 1 am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations. " 3. Records Retention [Supplements Section D. (6.)1 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 5 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 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). 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 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 or other bacterial parameters or indicators, 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 $2,506 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 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.S) and "Power Failures" (Part II.C.7), nothing in this permit shall be construed to relieve the Pennittee 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 tinder 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 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 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 Permit Standard Conditions Page 7 of 18 (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 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. 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. 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 Pennittee who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that: (1) An upset occurred and that the Permittee can identify the cause(s) of the upset; (2) The Permittee facility was at the time being properly operated; and (3) The Permittee submitted notice of the upset as required in Part II.E.6.(b) of this permit. (4) The Permittee complied with any remedial measures required under Part H.B.2. of this permit. c. Burden of proof [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. MonitorinjZ and Records 1. 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) Fonn (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 9of18 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. 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 122.41]. 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 pen -nit. 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 pen -nit 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 pennit 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), 122.61] 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 H.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(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 H.E.S 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 Pernuttee 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. o�ports 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 Permit 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 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 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 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 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 2011-3941, 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 Monitorin$t 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 Permittee's (or any satellite POTW's if different from the Permittee) 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 definition 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 definition 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)]: 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 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. 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 Conditions 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)] 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 II.D 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 122.44]. 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(1). [15A NCAC 0211.0903(b)(10), .0905, and .0906(b)(4)] 5. Industrial User Pretreatment Permits (lUP) & 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 determinedby the HWA. [15A NCAC 02H .0906(b)(6), .0909, .0916, and .0917; 40 CFR 403.5, 403.8(f)(l)(iii); NCGS 143-215.67(a)] 6. Authorization to Construct (AtQ The Permittee shall ensure that. an Authorization to Construct permit (AtQ 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 02H .0906(b)(7) 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 02H .0908(e); 40 CFR 403.8(f)(2)(v)] The Permittee must: a. Inspect all Significant Industrial Users (S'IUs) at least once per calendar year;. b. Sample all Significant Industrial Users (SIUs) at least once per calendar year for all SIU permit -limited 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 Monitoringporting 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 NCAC 02I1.0906(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 Permittee 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) maybe 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 1'110912011.1 NPDES Permit Standard Conditions. Page 18 of 18s NC DENR 1 Division of Water Resources / Water Quality Permitting Section Pretreatment, Emergency Response-, and Collection Systems (PERCS) Unit 1617 Mail Service Center Raleigh, North Carolina 27699-1617 These reports shall be submitted by March l 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 Summar�(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 (IUs) 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 Sgpq ary 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 IUs 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 withinn four months of the, applicable twelve-month :period. [15A NCAC 02H .0903(b)(34), .0908(b)(5) and .0905 and 40 CFR 403.8(f)(2)(viii)] 1:2. 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 POT W and shall retain all other Pretreatment Program records as required by 15A NCAC 02I4.0908(f). [15A NCAC 02H .0908(f); 40 CFR 403.12(6)] 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 (10) and .0905; 40 CFR 403.8(f)(3), 403.9(b)(3)] 14. Modification to Pretreatment Program Modifications to the approved pretreatment program including but not limited to local limits monitoring of their Significant Industrial Users (SIUs), and Monitoring Plan modifications, s permit modification and shall be governed by 40 CFR 403.18, 15 NCAC02H .0114 and 15 A modifications, POTW hall be considered a NCAC 02H .0907. Version 1110912011.1 January 13, 2016 Deborah Harrell, President Days Inn of Candler, Inc. 2551 Smokey Park Hwy Candler, NC 28715 SUBJECT: NOTICE OF DEFICIENCY Tracking Number: NOD-2016-MV-0004 Permit No. NCO025933 Days Inn West WWTP Buncombe County Dear Permittee: A review of the July 2015 Discharge Monitoring Report (DMA) for the subject facility revealed the deficiency(s) indicated below: Monitoring Deficiency(s): Sample Location Parameter 001 Effluent Chlorine, Total Residual (50060) Monitoring Date Frequency Type of Deficiency 7/11/2015 2 X week Frequency Violation 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. 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 �Ccy—_.,- 1NQS=Asheville Regional -Office. - Enforcement File NPDES Compliance/Enforcement Unit - Enforcement File James & James Environmental/ ORC G:\WR\WQ\Buncombe\Wastewater\Minors\Days Inn West 25933\NOD-2016-MV-0004.rtf Awh NC®ENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor Deborah Harrell, VP Days Inc West 255.1 Smokey Park Highway Candler, NC 28715 Dear Permittee: Donald R. van der Vaart Secretary April 28, 2015 Subject: Acknowledgement of Permit Renewal Permit NCO025933 Buncombe County The NPDES Unit received your permit renewal application on April 27, 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 contact Ron Berry (919) 807-6396. Sincerely, W r&ov , Tln.eol�oro� Wren Thedford Wastewater Branch cc: Central Files rAsle�Regilonal O� ffice 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 RECEIVED Division of Water Resources MAY - 1 2015 Water Quality Regional Operations Asheville Regional Office An Equal OpportunitykAffirmative Action Employer James & James Environmental Management, Inc. 3801 Asheville Hwy., Hendersonville, N. C. 28791 OFFICE: (828) 697-0063 FAT: (828) 697-0065 RECEIVED/DENRIDWR APR 2 7 2015 Water Quality Permitting Section N. C. Department of Environment and Natural Resources Division of Water Quality/NPDES Unit 1617 Mail Service Center Raleigh, N. C. 27699-1617 Regarding All Waste Water Facilities Operated by James & James Environmental Mgt., Inc. To Whom It May Concern: Sludge from this facility (Days Inn West WWTP NC0025933) is pumped by Mike's Septic Tank: Service and is permitted to be dumped at Brevard Waste Treatment System and MSD. Sincerely 4�� lv Juanita Ja es James and James Environmental Mgt., Inc. jjemi@bellsouth.net bellsouth.net RLuE-Hi `cZ'D Division of Water Resources M AY - 1 2015 Water Quality Regional Operations Asheville Fiecional of ire _ 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 Quality / NPDES Unit 1617 Mail Service Center, Raleigh, NC 27699-1617 NPDES Permit NC0025933 If yot4 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 Days Inn West Facility Name Days Inn West Mailing Address 2551 Smokey Park Highway City Candler State / Zip Code NC 28715 Telephone Number 828-667-9321 RECEIVED/DENR/DWR Fax Number 828-665-9128 APR 27 2015 e-mail Address asheville((-_vamericanmotel.travel Water Quality Permitting Section 2. Location of facility producing discharge: Check here if same address as above X Street Address or State Road City State / Zip Code County Buncombe 3. Operator Information: Name of the firrn, public organization or other entity that operates the facility. (Note that this is not referring to the Operator in Responsible Charge or ORC) Name Days Inn West Mailing Address 2551 Smokey Park Highway City Candler State / Zip Code NC 29715 Telephone Number 828-667-9321 Fax Number 828-665-9128 e-mail Address ashevilleCamerieanmotel.travel 1 of 3 Form-D 11/12 NPDES APPLICATION - FORM D For privately -owned treatment systems treating 100% domestic wastewaters <1.0 MGD 4. Description of wastewater: Facility Generating Riastewater(check all that apple Industrial Number of Employees Commercial X Number of Employees 20 Residential Number of Homes School Number of Students/Staff Other Explain: Describe the source(s) of wastewater (example: subdivision, mobile home park, shopping centers, restaurants, etc.): Motel Number of persons served: 112 rooms -average occupancy 50 daily 5. 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) (bgW applicants: Provide a map showing the exact location of each outfall): George Branch in the French Broad River Basin 8. 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. A 0.02 MGD facility with influent lift station, flow equalization basin, now meter, manual bar screen, extended aeration basin with dual blowers, rectangular hopper clarifier with skimmer and sludge return, aerobia sludge digester, tablet chlorinator and chlorine contact chamber, tablet dechlorinator. 2 of 3 Form-011112 NPDES APPLICATION - FORM D For privately -owned treatment systems treating 100% domestic wastewaters <1.0 MGD 10. Flow Information: Treatment Plant Design flow 0.02 MGD Annual Average daily flow 0.002 MGD (for the previous 3 years) Maximum daily flow 0.007 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. Decal Coliforrn, 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: Pro uide the highest single reading (Daily .Maximum) and Monthly Average over fk- nncf RFi mnrnthc Fnr nnrameters currently in uour permit.. Mark other parameters "N/A". Parameter Daily Maximum Monthly Average Units of Measurement Biochemical Oxygen Demand (BODs) 18.0 4.6 MG / L Fecal Coliforrn >600 8.2 CFU/ 100ML Total Suspended Solids 50.3 24.9 MG/L Temperature (Summer) 26.5 24.1 C Temperature (Winter) 17.8 12.0 C pH 8.1 7.5 units 13. List all permits, construction approvals and/or applications: Type Permit Number Type Hazardous Waste (RCRA) UIC (SDWA) NPDES NCO025933 PSD (CAA) Non -attainment program (CAA) 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. Deborah Harrell Vice President 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 11112 Facility information NPDES permit #: NC0025933 Buncombe County Facility name: Days Inn of Candler, Inc. — Days Inn West WWTP WWTP class: II WWTP type: 0.020 MGD concrete extended aeration package plant consisting of: influent lift station; metal flow equalization basin with manual bar screen; aeration basin with dual blowers providing diffused air; rectangular hoppered clarifier with 1 skimmer and sludge return; aerobic digestor; tablet chlorinator; chlorine contact chamber; and tablet dechlorinator. Annual Average Flow: 0.0015 MGD (3 year average: 2007-2010) Development: Commercial motel with 12 employees serving 88 transient guests. Sludge Management: Commercial hauler (Mike's Septic Service) to the Town of Brevard's WWTP and MSD's WWTP. WWTP location: 2551 Smoky Park Hwy; Candler, NC 28715 Responsible official: Deborah Harrell, Vice President / Owner Mailing address: 2200 Northlake Parkway; Suite 277; Tucker, GA 30084 On -site: Ms. Marise Melo-Furtado General Manager 2551 Smoky Park Hwy; Candler, NC 28715 Phone numbers 828-667-9321 Marise Melo-Furtado — Gen. Mgr. since 2009 828-665-9128 " - fax 770-939-1801 x 125 Deborah Harrell — in Georgia 770-939-1419 " -fax (dharrell@americanmotelonline.com) 828-697-0063 James & James Env. Mgmt.-ORC contractor & lab 828-697-0065 " -fax 828-674-8169 Harry — cell 828-674-8171 Juanita - cell Operator information Contract ORC : James & James Env. Mgmt.-ORC contractor & lab Physical address: 3801 Asheville Hwy.; Hendersonville, NC 28791 Mailing address: PO Box 519; Mountain Home, NC 28758 Permit information Date issued: 11-1-2005 Expiration date: 10-31-2010 Renewal: Application received by the Division on May 10, 2010. Currently under review by Ron Berry. Stream information Stream: George Branch River basin: French Broad River Basin Sub -basin: 04-03-02 (make correction to map) Quad: Canton, NC Grid: E 7 SE Stream classification: C Drainage area sq mi: 1.55 Instream Waste Conc.: 7.2% Average stream flow: 1.6 cfs Summer 7Q10 cfs: 0.4 Winter 7Q10 cfs: 0.5 Other information Directions: Facility is located off of Smoky Park Hwy, near Exit 37 located on 1-40 West, in Candler. Beverly Eaves Perdue Governor NCER North Carolina Department of Environment.and Natural Resources Division of Water Quality gym :.,-,.-,...-,..�.... : Deborah Harrell Days Inn West 2551 Smokey Park Highway Candler, NC 28715 Dear Ms. Harrell: Coleen H. Sullins _ Director p- }i 4 July 12, 2011 JUL 18 2011 iD WATCH QUALITY SECTION t s ' SH A,EVILLE REGIONAL OFFICE h( ... 1t'.lyuy::>•*.'1-i;N1}!s:.a�.v;.r:�ua:i..e..i.�..tir.�.....l.w:..........f......wr_r_..,r..;'i'..2:::b'..C,. an Subject: Issuance of NPDES Permit Permit NCO025933 Days Inn West WWTP Treatment Class II Buncombe County Division personnel have reviewed and approved your application for renewal of the subject pen -nit. 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). Summary of Changes in Renewal Permit from ExistingPermit ermit 1) The component narrative on the supplemental page was updated. 2) The total residual chlorine footnote on the ef�luent page was updated. There were no changes made to the draft permit. If any parts, measurement frequencies or sampling requirements contained in this pen -nit 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. Page 1 of 2 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 One Phone: 919-807-63001 FAX: 919-807-64921 Customer Service: .1 -877-623-6748 NorthCarohna Internet: www.nGwaterquality.org a, J�y // An Equal Opportunity 1 Affirmative Action Employer {/ ►" ate'/" a` `y Please note that this pennlL ,a not transferable except after notice —she Division. The Division may require modification or revocation and reissuance of the pen -nit. This pen -nit does not affect the legal requirements to obtain other pen -nits which may be required by the Division of Water Quality or pen -nits . required by the Division of Land Resources, the Coastal Area Management Act or any other federal or local governmental permits that may be required. If you have any -questions concerning this pennit, please contact Ron Berry at telephone number (919) 807-6396 or at email ron.berry@ncdenr.gov. Sincerely, Uv� oleen N. Sullins Attachments _ Cc: Asheville=Reb�onal=off ce/Sui face UVafer,Protect o_n Section ' James & James Environmental Management, Inc. (email) Juanita.James email: jjemi@bellsouth.net Central Files NPDES Unit Page 2 of 2 r Permit NCO025933 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY PERMIT TO DISCHARGE WASTEWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provision of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, Days Inn of Candler, Inc. is hereby authorized to discharge wastewater from a facility located at Days Inn West WWTP 2551 Smokey Park Highway Candler, NC Buncombe County to receiving waters designated as George Branch in the French Broad River Basin in accordance with effluent limitations, monitoring requirements, and other conditions set forth in Parts I, I1, III and IV hereof. This permit shall become effective August 1, 2011. This permit and authorization to discharge shall expire at midnight on October 31, 2015. Signed this day July 12, 2011. Qeen H. Sullins, Director r Division of Water Quality By Authority of the Environmental Management Commission Pen -nit NC0025933 , 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 authorio) to operate and dischan efi-orn this facility arises under the permit conditions, requirements, terms, and provisions included herein. Days Inn of Candler, Inc. is hereby authorized to: 1. Continue to operate a 0.02 MGD wastewater treatment facility with the following components: o Influent lift station o Flow equalization basin o Flow meter o Manual bar screen o Extended aeration basin with dual blowers o Rectangular hopper clarifier with skimmer and sludge return o Aerobic sludge digester o Tablet chlorinator and chlorine contact chamber o Tablet dechlorinator This facility is located at 2551 Smokey Park Highway in Candler at the Days Inn West WWTP in Buncombe County. 2. Discharge from said treatment works at the location specified on the attached map into George Branch, classified C waters in the French Broad River Basin. 0 —M� 7 J Y 77 .7 AY Y �Z Tr P- atm e F r: lt-- nt a NCO02593-3 % lb 7 --77' Discharge 1i J 933 "0025 1,T( :7, t I - t 77, YII 7 t `7* 1. G _ �" it's a � •' i � +- � ? ,6 e � �;� t ,yam "3. t r �'+.:. PIT 1Y Fk T� USGS Quad: E7SE Canton, NC Outfall Facility Latitude: 350 42'27" N 350 32'27.8" N Longitude: 821 451 7" W 820 45' 17.4" W- Stream Class: C Facility Location North Subbasin: 04-03-02 HUC: 06010105 Days Inn West WWTP NC0025933 Receiving Stream: George Branch Buncombe County Permit NCO025933 A. (L) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS During the period beginning on the effective date of this permit and lasting until expiration, the Pennittee is authorized to discharge from outfall 001. Such discharges shall be limited and monitored by the Pennittee as specified below: EFFLUENT LIMITS MONITORING REQUIREMENTS Monthly Daily Measurement Sample Type Sample CHARACTERISTICS Average Maximum Frequency Location Flow 0.02 MGD Weekly Instantaneous Influent or Effluent Total Residual Chlorine (TRC) 28 µg/L 2/Week Grab Effluent BOD, 5-day (20°C) 30.0 mg/L 45.0 mg/L Weekly Grab Effluent Total Suspended Residue 30.0 mg/L 45.0 mg/L Weekly Grab Effluent Ammonia as Nitrogen (NH3- N) 4.7 mg/L 23.5 mg/L Weekly Grab Effluent (A riI 1 — October 3 1 ) Ammonia as Nitrogen (NH3- N) 16.8 mg/L 35.0 mg/L Weekly Grab Effluent (November 1 — March 31) Fecal Coliforin (geometric mean) 200 / 100 ml 400 / 100 ml Weekly Grab Effluent pH Not more than 9.0 S.U. nor" Weekly Grab Effluent less than 6.0 S.U. Temperature, °C Weekly Grab Effluent Footnote: 1. Total Residual Chlorine compliance is required for chlorine or chlorine derivative used for disinfection. The Division shall consider all effluent TRC values reported below 50 ug/1 to be in compliance with the permit. However, the Permittee shall continue to record and submit all values reported by a North Carolina certified laboratory (including field certified), even if these values fall below 50 ug/l. There shall be no discharge of floating solids or visible foam in other than trace amounts. iES 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 gallop 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/ 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 ES 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 under 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 iES Permit Standard Conditions Page 3 of 18 Monthly rage (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. uarterly 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 122.411. 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 4Q5 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 I ES 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. Du!. 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 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. Proper!, 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 150B-23]. Version 1012912010 ►ES Permit Standard Conditions Page 5 of 18 8. Duty to Provide Information The Permittee shall furnish to the Permit Issuing Authority, within a reasonable time, any information which the Permit Issuing Authority may request to determine whether cause exists for modifying, revoking and reissuing, or terminating this permit or to determine compliance with this permit. The Permittee shall also furnish to the Permit Issuing Authority upon request, copies of records required by this permit [40 CFR 122.41 (h)] 9. Duty to Reapply If the Permittee wishes to continue an activity regulated by this permit after the expiration date of this permit, the Permittee must apply for and obtain a new permit [40 CFR 122.41 (b)]. 10. Expiration of Permit The Permittee is not authorized to discharge after the expiration date. In order to receive automatic authorization to discharge beyond the expiration date, the Permittee shall submit such information, forms, and fees as are required by the agency authorized to issue permits no later than 180 days prior to the expiration date. Any Permittee that has not requested renewal at least 180 days prior to expiration, or any Permittee that does not have a permit after the expiration and has not requested renewal at least 180 days prior to expiration, will subject the Permittee to enforcement procedures as provided in NCGS 143-215.6 and 33 USC 1251 et. seq. 11. Signatory Requirements All applications, reports, or information submitted to the Permit Issuing Authority shall be signed and certified [40 CFR 122.41 (k)]. a. All permit applications shall be signed as follows: (1) For a corporation: by a responsible corporate officer. For the purpose of this Section, a responsible corporate officer means: (a) a president, secretary, treasurer or vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision making functions for the corporation, or (b) the manager of one or more manufacturing, production, or operating facilities, provided, the manager is authorized to make management decisions which govern the operation of the regulated facility including having the explicit or implicit duty of making major capital investment recommendations, and initiating and directing other comprehensive measures to assure long term environmental compliance with environmental laws and regulations; the manager can ensure that the necessary systems are established or actions taken to gather complete and accurate information for.permit application requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures. (2) For a partnership or sole proprietorship: by a general partner or the proprietor, respectively; or (3) For a municipality, State, Federal, or other public agency: by either a principal executive officer or ranking elected official [40 CFR 122.22]. 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 10/29/2010 I ES 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 122.22]. NO OTHER STATEMENTS OF CERTIFICATION WILL BE ACCEPTED: "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." 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 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 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 4� )ES 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 (01. 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 10/29/2010 ES Permit Standard Conditions 1' 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. Burden of proof [40 CFR 122.41 (n) (4)1: 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 shallbe 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 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 iES 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 PartI 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 Divisions 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 122.411. 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 122.411. 6. Records Retention Except for records of monitoring information required by this permit related to the Permittee's sewage sludge use and disposal activities, which shall be retained for a period of at least five years (or longer as required by 40 CFR 503), the Permittee shall retain records of all monitoring information, including: ➢ all calibration and maintenance records ➢ all original.strip chart recordings for continuous monitoring instrumentation ➢ copies of all reports required by this permit - ➢ copies of all data used to complete the application for this permit These records or copies shall be maintained for a period of at least 3 years from the date of the sample, measurement, report or application. This period may be extended by request of the Director at any time [40 CFR 122.41]. 7. Recording Results For each measurement or sample taken pursuant to the requirements of this permit, the Permittee shall record the following information [40 CFR 122.41]: a. The date, exact place, and time of sampling or measurements; b. The individual(s) who performed the sampling or measurements; Version 10/29/2010 I ES 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 10/29/2010 )ES 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 threatenspublic 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 Divisions 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 '140 CFR 122.41]. Version 10/29/2010 ] ES 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 iES 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 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. 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 ES Permit Standard Conditions ' Page 14 of 18 PART IV SPECIAL CONDITIONS FOR MUNICIPAL FACILITIES Section A. Definitions In addition to the definitions in Part H 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)] 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)1: (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 )ES 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 (1047) 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 10/29/2010 ES 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 0) (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 0) (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 0) (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 JWS 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 r + i' IES 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 (AtC) 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 2H.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 122.440)(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 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 2H .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 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); Version 10/29/2010 I ES 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.) 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. [15A 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 Frazier, Wanda From: Sent: To: Cc: Subject: Attachments: Hi Ron, Frazier, Wanda Wednesday, March 09, 2011 5.07 PM Berry, Ron - Edwards, Roger NCO025933 Days Inn West (Bunc. Co.) permit renewal 25933 a cover page 2011.doc; NCO025933 3-2-11.pdf; NCO025933 12-30-09. pdf Attached are the latest facility info and last two inspections for Days Inn West. Here are my comments for the permit renewal. Here's what I would suggest for the draft permit: A. Supplement to permit cover page: (see attachment) 1. Continue to operate: 0.020 MGD concrete extended aeration package plant consisting of: influent lift station; metal flow equalization basin with manual bar screen; aeration basin with dual blowers providing diffused air; rectangular hoppered clarifier with 1 skimmer and sludge return; aerobic digestor; tablet chlorinator; chlorine contact chamber; and tablet dechlorinator. Please change the following: Components: drip feed chlorine to tablet chlorination Add: tablet dechlorination Map sub -basin: from 40302 to 04-03-02. Everything else looks good. ARO recommends renewal of this permit. Also, could you email me the following data, (indicated by "?")? Thanks. i Stream information Stream: River basin: Sub -basin: Quad: Grid: Stream classification: Drainage area sq mi: Instream Waste Conc.: Average stream flow: Summer 7Q10 cfs: Winter 7Q10 cfs: Thanks, Wanda Wanda Frazier Email: Wanda.Frazier@ncdenr.gov North Carolina Department of Environment and Natural Resources Asheville Regional Office Division of Water quality Surface Water Protection Section 2090 US 70 Highway Swannanoa, NC 28778 Switchboard: 828-296-4500 x 4662 Direct line: 828-296-4662 Fax: 828-299-7043 George Branch French Broad River Basin 04-03-02 (make correction to map) E7SE C ? cfs ? Notice: E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and therefore may be disclosed to third parties. 2 Ai N North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Governor Director May 10, 2010 DEBORAH HARRELL VICE PRESIDENT DAYS INN WEST 2551 SMOKEY PARK HIGHWAY CANDLER NC 28715 Dee Freeman Secretary Subject: Receipt of permit renewal application NPDES Permit NCO025933 Days Inn West WWTP Buncombe County Dear Ms. Harrell: The NPDES Unit received your permit renewal application on May 7, 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 Ron Berry at (919) 807-6396. Sincerely, Dina Sprinkle Point Source Branch cc: CENTRAL FILES Aghev o an 1C3ffice/Surface Water Protection NPDES Unit Juanita James, James and James Environmental Management, Inc., 3801 Asheville Hwy, Hendersonville, NC 28791 FD-71 11 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 I Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 LAY 20 0�n _ Phone: 919-807-6300 \ FAX: 919-807-6492.\ Customer Service: 1-877-623-6748 O k11 0� 111c`l Internet: womricwaterquality.org f( An Equal Opportunity 1 Affirmative Action Employer "allay WATER QUALITY S E IOl ASHEVILLE REGIONAL OFFICE April 20, 2010 N. C. Department of Environment and Natural Resources Division of Water Quality/NPDES Unit 1617 Mail Service Center Raleigh, N. C. 27699-1617 Regarding All Waste Water Facilities Operated by James & James To Whom It May Concern: This letter is to request the renewal for the waste water treatment facility of Days Inn West, NPDES number NC0025933. Sincerely )J (kit Juanit es James and James Environmental Mgt., Inc. NPDES APPLICATION FOR PERMIT RENEWAL - FORM D For privately owned treatment systems treating 100% domestic wastewaters <0.1 MGD Mail the complete application to: N. C. Department of Environment and Natural Resources Division of Water Quality / NPDES Unit 1617 Mail Service Center, Ralei&,- NC 27699-1617 NPDES Permit 000025933 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 I) E L) K A- H Facility Name DAYS INN WEST Mailing Address 2551 SMOKEY PARK HIGHWAY City CANDLER State / Zip Code NORTH CAROLINA 28715 Telephone Number (828)667=9321 q ` 7-770.- 3' l0-Q 1 Fax Number (2 $) 6 6 S, 1 12� 27D 3 1 — Lf i 9 e-mail Addressaay_m n 2.. Location of facility producing d Check here if same address as above Street Address or State Road City State / Zip Code 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 JAMES & JAMES ENVIRONMENTAL MGT., INC. Mailing Address P.O. BOX 519 City MOUNTAIN HOME State / Zip Code NORTH CAROLINA 28758 Telephone Number (828)697-0063 Fax Number (828)697-0065 1 of 4 Form-D 1/06 NPDES APPLICATION FOR PERMIT RENEWAL - FORM D For privately owned treatment systems treating 100% domestic wastewaters <0.1 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 ❑ Number of Students/Staff Other ❑ Explain: Describe the source(s) of wastewater (example: subdivision, mobile home park, shopping centers, restaurants, etc.): MOTEL Population served: 0O S. Type of collection system ® Separate (sanitary sewer only) 6. Outfall Information: ❑ Combined (storm sewer and sanitary sewer) Number of separate discharge points 1 Outfall Identification number(s) 001 Is the outfall equipped with a diffuser? ❑ Yes ® No 7. Name of receiving stream(s) (Provide a map shouring the exact location of each outfallr GEORGES BRANCH IN THE FRENCH BROAD RIVER BASIN 8. Frequency of Discharge: ® Continuous ❑ Intermittent If intermittent: Days per week discharge occurs: Duration: _ 9. Describe the treatment system List all installed components, including capacity, 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. AN EXISTING 0.02 MGD FACILITY WITH INFLUENT LIFT STATION,FLOW EQUALIZATION BASIN WITH CLARIFIER, EXTENDED AERATION WASTEWATER TREATMENT, SLUDGE DIGEST,DiHP B CHLORINATION AND CHLORINE CONTACT CHAMBER 2 of 4 Form-D 1106 NPDES APPLICATION FOR PERMIT RENEWAL - FORM D For privately owned treatment systems treating 100% domestic wastewaters <0.1 MGD 10. Flow Information: Treatment Plant Design flow 0.02 MGD Annual Average daily flow 0. 00 15 MGD (for the previous 3 years) Maximum daily flow .004 MGD (for the previous 3 years) 11. Is this facility located on Indian country? ❑ Yes ® 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. Effluent testing data must be based on at least three samples and must be no more than four and one half years old. Parameter Daily Maximum Monthly Average Units of Measurement Number of Samples Biochemical Oxygen Demand (BODS) 4.0 1.8 MG/L 4 Fecal Coliform 70.0 7.2 #/ 100ML 4 Total Suspended Solids 11.1 7.9 MG/L 4 Temperature (Summer) 26.4 24.8 C 4 Temperature (Winter) 10.4 8.5 C 4 pH 7.2 7.0 UNITS 4 13. List all permits, construction approvals and/or applications: Type Permit Number Type Hazardous Waste (RCRA) NESHAPS (CAA) UIC (SDWA) Ocean Dumping (MPRSA) NPDES NCO025933 Dredge or fill (Section 404 or CWA) PSD (CAA) Special Order of Consent (SOC) Non -attainment program (CAA) Other 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 beli#_'kuchAnformqqtion }Atrue, q plete, anfl,accurate. If Printed name of Person Signing 3 of 4 Form-D 1/06 NPDES APPLICATION FOR PERMIT RENEWAL - FORM D ely owned z tment s ems treating 100% domestic wastewaters <0.1 MGD imk 51q/ l(3 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 knowly 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.) 4 of 4 Form-D 1/06 James & James Environmental Management, Inc. 3801 Asheville Hwy., Hendersonville, N. C. 28791 OFFICE: (828) 697-0063 FAX: (828) 697-0065 April 20, 2010 N. C. Department of Environment and Natural Resources Division of Water Quality/NPDES Unit 1617 Mail Service Center Raleigh, N. C. 27699-1617 Regarding All Waste Water Facilities Operated by James & James To Whom It May Concern: Sludge from this facility (Days Inn West) is pumped by Mike's Septic Tank Service and is permitted to be dumped at Brevard Waste Treatment System and MSD. Sincerely U Juani James James and James Environmental Mgt., Inc. vq rF,o Michael F. Easley, Governor William G. Ross `Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P. E. Director Division of Water Quality October 14, 2005 "E _ l Mr. Deborah Harrell Days Inn of Candler, Inc. 2200 Northlake Parkway ��' 0 C I 2 LIJ` Suite 277 Tucker, Georgia 30084 ! \WAIF ( QUr UT`( EGl 4C Subject: Issuance of-NPDES Peiiiut NCO025933 Days Inn West WWTP Buncombe County Dear Mr. Harrell: 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 final permit includes no major changes from the draft permit sent to you on August 17, 2005. This permit includes a TRC limit that will take effect on May 1, 2007. If you wish to install dechlorination equipment, the Division has promulgated a simplified approval process for such projects. Guidance for approval of dechlorination projects may be viewed online at http://www.nccgl.net/news/ATCoverview.htnl. 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 Karen Rust at telephone number (919) 733-5083, extension 361. Sincerely, Alan W. Klimek, P E cc: Central Files-- iAsheville.Regional-Office%Surface Water Protection Section NPDES Files o te NCarolina turally N. C. Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Phone: (919) 733-7015 Customer Service Intemet. hitplWo.enr.statem.us 512 N. Salisbury St. Raleigh, NC 27604 Fax: (919) 733-0719 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer r Permit NCO025933 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY I: u I TO DISCHARGE WASTEWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provision of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, Days Inn of Candler, Inc. is hereby authorized to discharge wastewater from a facility located at Days Inn West WV%rrP 2551 Smokey Park Highway Candler Buncombe County to receiving waters designated as George 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 November 1, 2005. This permit and authorization to discharge shall expire at midnight on October 31, 2010. Signed this day October 14, 2005. Alan W. Klimek, TI.E. 6irector Division of Water Quality By Authority of the Environmental Management Commission Ou Permit NCO025933 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. Days Inn of Candler, Inc..is hereby authorized to: 1. Continue to operate a 0.02 MGD wastewater treatment facility with the following . components: ♦ Influent lift station ♦ Flow equalization basin with clarifier ♦ Extended aeration wastewater treatment ♦ Sludge digester -- --- ♦ Drip -feed, chlorination and chlorine contact chamber This facility is located at 2551 Smokey Park Highway in Candler at the Days Inn West WWTP in. Buncombe County. 2. Discharge from said treatment works at the location specified on the attached, map into George Branch, classified C waters in the French Broad River Basin. Permit NC0025933 A. (1.) EFFLUENT LINHTATIONS AND MONITORING REgUIREMENTS — FINAL 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: EFFLENTU " ,_; LIMIiS REQUIR@MENTS, r < ,r raF 3r C.„�HARACTERISTICSx xy'NiONIYORINC *���<x �`k�,� �'� �_ * � g Measurement � Sample�Type� •, Sampie l.ccation x� Monthlyr�`�� ��� �Daily, � ,-��- Y+V`L .,�. �..: e';w^.3•-,A3 Ei:+i. Ls, s .*'IM1. CR£..n 4.. ?f.XB. /h^�i. Flow 0.02 MGD Weekly Instantaneous Influent or Effluent BOD, 5-day (20°C) 30.0 mg/L 45.0 mg/L Weekly Grab Effluent Total Suspended Residue 30.0 mg/L 45.0 mg/L Weekly Grab Effluent. NH3 as N 4.7 mg/L 23.5 mg/L Weekly Grab Effluent . (April 1- October 31 NH3 as N 16.8 mg/L 35.0 mg/L Weekly Grab Effluent November 1- March 31 Fecal Coliform 200 / 100 ml 400 / 100 ml Weekly Grab Effluent (geometric mean Total Residual Chlorines 28 µg/L 2/Week Grab Effluent Temperature (°C) Weekly Grab Effluent pH2 Weekly Grab Effluent Footnotes: 1. The limit for total residual chlorine will take effect May 1, 2007, only if chlorine is used for disinfection. 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. Pat McCrory Governor July 20, 2015 Deborah Harrell NCDENR North Carolina Department of Environment and Natural Resources Donald R. van der Vaart Secretary Days Inn of Candler, Inc. 2551 Smokey Park Hwy Candler, NC 28715 SUBJECT Compliance Evaluation Inspection Days Inn West WWTP Permit No: NCO025933 Buncombe County Dear MS.Harrell: Enclosed please find a copy of the Compliance Evaluation Inspection report from the inspection conducted on May 20, 20015. The facility was found to be in compliance with permit NC0025933. 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, Kathe ' e H. Jimison Chemist I Enclosure cc: Juanita Reed James, ORC MSC 1617-Central Files -Basement AW, g pile l i'les Water Quality Regional Operations — Asheville Regional Office 2090 U.S. Highway 70, Swannanoa, North Carolina28778 Phone: 828-296-4500 FAX: 828-299-7043 Internet: http://portal.nGdenr.org/webtwq An Equal Opportunity 1 Affirmative Action Employer G:IWRIWQIBuncombelWastewateAMinorslDays Inn West 25933\25933 CEI 2015.doc 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 (Le., PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 IN I 2 16 I 3 l NCO025933 I11 12 15/05/20 18 I C I 19 I c I 201 21II11 I I I I I III I I I I I I I I I I I I I I I I I I I I I I III 1 11 11 I66 Inspection Work Days - Facility Self -Monitoring Evaluation Rating Bi QA-------Reserved-------- - 67 72 LJ 73I 74 70_71itJ 151 I I I I 80 Section B: FacilityData 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) 11:15AM 15/05/20 11/08/01 Days Inn West WWl-P 2551 Smokey Park Hwy Exit Time/Date Permit Expiration Date Candler NC 28715 . 12:15PM 15/05/20 15/10/31 Name(s) of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data Juanita Reed James/ORC/828-697-0063/ Name, Address of Responsible Official/Title/Phone and Fax Number Contacted Deborah Harrell,2551 Smokey Park Hwy Candler NC 28715//828-667-9321/ No Section C: Areas Evaluated During Inspection (Check only those areas evaluated) Permit Operations & Maintenance 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 Kathy Jimis n ARO WQ//828-296-4500/ Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date -7 . EPA Form 3560-3 (Rev 9-94) Previous editions are obsolete. Page# NPDES yrlmo/day Inspection Type 31 NCO025933 I11 12 15/06/20 17 18 1 C l Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) The permit for this facility expires on October 31, 2015. Ms. Juanita James with James and James Environmental assisted in this inspection. The -operators log was present on -site and appears to have good notation of field data and daily events. Page# Permit: NCO025933 Owner -Facility: Day, Vest VVWTP Pr Inspection Date: 05120/2015 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? 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: Ms. Juanita James with James and James Environmental assisted in this inspection. Operations & Maintenance 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: Bar Screens Type of bar screen a.Manual b.Mechanical Are the bars adequately screening debris? Is the screen free of excessive debris? Is disposal of screening in compliance? Is the unit in good condition? Comment: Equalization Basins Is the basin aerated? Is the basin free of bypass lines or structures to the natural environment? Is the basin free of excessive grease? Are all pumps present? Are all pumps operable? Are float controls operable? Are audible and visual alarms operable? # Is basin size/volume adequate? Yes No NA NE ■ ❑ ❑ ❑ ❑ ❑ ❑ ■ Yes No NA NE ■ 17 ■ ❑ ❑ ❑ ■ ❑ ❑ ❑ ■ ❑ ❑ ❑ Yes No NA NE ■ ❑ ❑ ❑ ■ ❑ ❑ ❑ ■ ❑ ❑ ❑ ■ ❑ ❑ ❑ ■ ❑ ❑ ❑ ■ ❑ ❑ ❑ ■ ❑ ❑ ❑ ■ ❑ ❑ ❑ Page# 3 Permit: NCO025933 Owner - Facility: Goy... ,n West WWTP Inspection Date: 05/2012015 Inspection Type: Compliance Evaluation Equalization Basins Yes No NA Nr- Comment: Aeration Basins Yes No NA NE Mode of operation Ext. Air Type of aeration system Diffused Is the basin free of dead spots? N ❑ ❑ ❑ Are surface aerators and mixers operational? ❑ ❑ 0 ❑ Are the diffusers operational? 0 ❑ ❑ ❑ Is the foam the proper color for the treatment process? 0 ❑ ❑ ❑ Does the foam cover less than 25% of the basin's surface? 0 ❑ ❑ ❑ Is the DO level acceptable? ❑ ❑ ❑ Is the DO level acceptable?(1.0 to 3.0 mg/1) ❑ ❑ ❑ Comment: Secondary Clarifier Yes No NA NE Is the clarifier free of black and odorous wastewater? 0 ❑ ❑ ❑ Is the site free of excessive buildup of solids in center well of circular clarifier? ❑ ❑ 0 ❑ Are weirs level? 0 ❑ ❑ ❑ Is the site free of weir blockage? ❑ ❑ ❑ Is the site free of evidence of short-circuiting? N ❑ ❑ ❑ Is scum removal adequate? 0 ❑ ❑ ❑ Is the site free of excessive floating sludge? 0 ❑ ❑ ❑ Is the drive unit operational? ❑ ❑ E ❑ Is the return rate acceptable (low turbulence)? 0 ❑ ❑ ❑ Is the overflow clear of excessive solids/pin floc? 0 ❑ ❑ ❑ Is the sludge blanket level acceptable? (Approximately '/o of the sidewall depth) 0 ❑ ❑ ❑ Comment: Disinfection -Tablet Yes No NA NE Are tablet chlorinators operational? ❑ ❑ 0 ❑ Are the tablets the proper size and type? 0 ❑ ❑ ❑ Number of tubes in use? 0 Is the level of chlorine residual acceptable? 0 ❑ ❑ ❑ Page# 4 Permit: NC0025933 Owner - Facility: Day.' _ Vest WWTP Inspection Date: 06/20/2015 Inspection Type: Compliance Evaluation Disinfection -Tablet Yes No NA NE Is the contact chamber free of growth, or sludge buildup? 0 ❑ ❑ ❑ Is there chlorine residual. prior to de -chlorination? ❑ ❑ ❑ Comment: The system does not use chlorine feed tubes. Chlorine tablets are placed directily into the weir. Ms. James stated that this is how it has been done for 15 + years - De -chlorination Type of system ? Is the feed ratio proportional to chlorine amount (1 to 1)? Is storage appropriate for cylinders? # Is de -chlorination substance stored away from chlorine containers? Comment: Are the tablets the proper size and type? Are tablet de -chlorinators operational? Number of tubes in use? Comment: Yes No NA NE Tablet ❑ ❑ N ❑ ❑ ❑ M ❑ ❑ ❑ ■ ❑ ❑ ❑ ❑ ■ ❑ ❑ ❑ 1 Page# 5 - hy, D North Carolina Department of Environment and Natural Resources Pat McCrory Governor July 25, 2014 Ms. Deborah Harrell, President Days Inn of Candler, Inc. 2551 Smokey Park Highway Candler, North Carolina 28715 Subject: NOTICE OF VIOLATION NOV-2014-LV-0347 Permit No. NCO025933 Days Inn West WWTP Buncombe County Dear Ms. Harrell: John E. Skvaria, III Secretary A review of Days Inn West WWTP's monitoring report for April 2014 showed the following violation: Parameter Date Limit Value Reported Value Limit Type Coliform, Fecal MF, M-FC Broth,44.5C 04/08/2014 400 #/100m1 520 #/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, pleasd do not hesitate to contact Janet Cantwell or rye at 8281296-4600. Sincerely, �-- -` G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations, NCDENR Asheville Regional Office c ,:!ViW��shevilie Files` MSC 1617-Central Files -Basement James & James Environmental/ ORC GAVIR!b`iQ!Surc=i Days Inn West 259331NOV-2014IV 334.7.dcc 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:Hportal.ncdenr.org/web/wq An Equal Opportunity/ Affirmative Action Employer T&A . ; r RCDENR North Carolina Department'of Environment and Natural Resources Division of Water Resources Water Quality Programs Pat McCrory Thomas A. Reeder Governor Director October 15, 2013 Ms. Deborah Harrell, President Days Inn of Candler, Inc. 2551 Smokey Park Highway Candler, North Carolina 28715 Subject: NOTICE OF VIOLATION NOV-2013-LV-0630 Permit No. NCO025933 Days Inn West WWTP Buncombe County Dear Ms. Harrell: John E. Skvarla, III Secretary A review of Days Inn West WWTP's monitoring report for August 2013 showed the following violation: Parameter Date Limit Value Reported Value Limit Type Coliform, Fecal MF, M-FC Broth,44.5C 08/14/2013 400 #/100m1 600 #/100ml Daily Maximum Exceeded Remedial actions, if not already implemented, should be taken to correct any problem. Since the comments section on the reverse of the relevant DMR provided an adequate explanation for the subject violation, 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 Section . WQ Ashevill_ kiles WQ Central Files James & James Environmental/ ORC G:\WQ\SWP\BuncombelWastewater\Minors\Days Inn West 25933\NOV-2013-LV-0630.doc WATER QUALITY SECTION North Carolina Division of Water Resources — Asheville Regional Office Phone (828) 296-4500 FAX (828) 299-7043 Internet: h2o.enr.state.no.us 2090 U.S. Highway 70, Swannanoa, N.C. 28778 An Equal Opportunity/ Affirmative Action Employer A® 77 NC®ENR North Carolina Department of Environment and Natural Resources Beverly Eaves Perdue Governor Ms. Deborah Harrell, President Days Inn of Candler, Inc. 2551 Smokey Park Highway Candler, North Carolina 28715 Dear Ms. Harrell: Division of Water Quality Charles Wakild, P.E. Director August 23, 2012 Subject: NOTICE OF VIOLATION NOV-2012-LV-0429 Permit No. NCO025933 Days Inn West WWTP Buncombe County Dee Freeman Secretary A review of Days Inn West WWTP's monitoring report for May 2012 showed the following violation: Parameter Date Limit Value Reported Limit Type Value Coliform, Fecal MF, M- 05/07/2012 400 830 #/100ml Daily FC Broth,44.5C #/100ml 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 forthe 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 or me at 828/296-4500. Sincerely, f Chuck Cranford, Regional Supervisor Surface Water Protection Section @ sYae ��le . _files DWQ Central Files James & James Environmental/ ORC S:\SWP1Buncombe\Wastewater\Minors\Days inn West 259331N0V-2012-LV-0429.doc NorthCaroha Naturally North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, N.C. 28778 Phone(828)296-4500 Internet: www.ncwaterguality.oro FAX (828)299-7043 NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Governor Deborah Harrell, President Days Inn of Candler, Inc. 2551 Smokey Park Hwy Candler, NC 28715 Charles Wakild, P.E. Director May 29, 2012 Subject: NOTICE OF DEFICIENCY NOD-2012-MV-0018 Days Inn of Candler, Inc. NCO025933 Buncombe County Dear Ms. Harrell: Dee Freeman Secretary A review of the March 2012 Discharge Monitoring Report (DMR) revealed a violation of the following parameter(s): Parameter I Date IMeasuring Frequency Violation Chlorine — Total Residual 1 03/03/12 1 2 X week I Failed to monitor Thank you for your attention to this matter. Remedial actions should be taken to correct the cause(s) of this violation. Unresolved violations may lead to the issuance of a Notice of Violation and/or assessments of civil penalties. If you have any questions or require any additional information, please contact Keith Haynes at 828-296-4660 or at keith.haynes@ncdenr.gov. Sincerely, Chuck Cry. ord, Regional -Supervisor Surface Water Protection Section =-- DWQ Central Files SURFACE WATER PROTECTION SECTION —ASHEVILLE REGIONAL OFFICE 2090 U.S. Highway 70, Swannanoa, North Carolina 28778 Phone: 828-296-4500 1 Fax: 828-299-7043 Internet: http://portal.ncdenr.org/web/wq RIM JAMES & JAMES ENVIRONMENT gO BO7-oo63 4o MOUNTAIN HOME, NC 28,7528) FFICE (828) 697-0065 FAX \ 1 U L R, IIWI! MAR — 9 2072 aV r_R �� E A_IT1� �cCT7t�td PERFORMANCE ANNUAL REPORT t'.2011 Days Inn West Mrs. Deborah Harrell Permit Number: NCO025933 System Description An extended aeration basin with an influent pump station from the office building and the rest on gravity flow influent into a 20,000 gallon treatment facility, clarifier, tablet feed chlorinator, chlorine contact chamber, tablet feed de -chlorinator, and effluent gravity line. Performance There were several violations for this system during 2011. In order to bring the system into compliance, there were motor belts replaced along with a contactor, B-42 blower, 2" galvanized cap on top of skimmer line and old galvanized return line with 3" PVC. The skimmer was raised and the chlorine contact chamber repaired so water will flow over the weir instead on under "used cement". Violations and corrective actions taken 1. March, 2011 a. BOD-5 Day i. 3-11-@>21.3 mg/l 1. We are required to notate a non-compliance when ">" sign is indicated. 2. April, 2011 a. Total Suspended Solids i. 4-21 @ 46.9 i n nr/ 1. We believe the result was from carryover of the dechlor tablet as it dissolved. 3. July, 2011 MAR — 5 2012 a. Fecal Coliform i. 7-13 @>600 colonies/100mis 1. We determined this was due low dosing of chlorine :NR-WATER QUALITY to accommodate the hydraulic surge when the facility INT SOURCE BRANCH shuts off. We increased the dosing slightly. This report has been sent to the Owner with directions to give notification of the availability of this report to each of their users. A certified statement will be sent to the State when this notice has been issued. I certify under penalty of law that this report is complete and accurate to the best of my knowledge. I further certify that this report has been made available to the users or customers of the named system and that those users have been notified of its availability. I also certify that this report has been given to the owner of this facility with explicit directions to make the user aware of the availability of this report and the location with which a copy can be viewed or received. James & James Environmental Mgt., Inc cannot certify that the latter has been completed and will enclose a letter of certification to be mailed to the State North Carolina on behalf of this entity along with all pertinent information regarding this system for the conclusion ofthis requirement. Thank you, Juanita James James & James Environmental Management, Inc. PERFORMANCE ANNUAL REPORT - 2011 Days Inn West Mrs. Deborah Harrell Permit Number: NCO025933 A copy of the Performance Annual Report has already been filed with the State of North Carolina Division of Water Quality in triplicate by James & James Environmental Management, Inc. and should be in your possession at this time. On that report, the certification was stated that I, the responsible party of this facility, has received a copy of this report and was directed to give the users knowledge of this report and access to it. Therefore: I certify under penalty of law that this report prepared by James & James Environmental Management, Inc. is complete and accurate to the best of my knowledge. I further certify that this report has been made available to the users or customers of this documented system and that those users have been notified of its availability. Thank you, Mrs. Deborah Harrell Days Inn West 02/28/2012 11:47 1828665! 3 DAYS INN WEST �4') LA. ne` PAGE 04/04 PERFORMANCE ANNUAL REPORT — 2011 Days Inn West Permit Number: NCO025933 Mrs. Deborah Darrell A copy of the Performance Annual Report has already been filed with the State of North Carolina Division of Water Quality in triplicate by James & James Environmental Management, Inc. and should be in your possession at this time. On that report, the certification was stated that I, the responsible PAY-v£ tl facilii..l�as.�eiyed a cap. give the users knowledge of this report and access to it. Therefore: I certify under penalty of law that this -report prepared by James & James Environmental Management, Inc. is complete and accurate to the best of my knowledge. I further certify that this report has been made available to the users or customers of this documented system and that those users have been notified of its availability. 1 Ada. ou [ /7 z012 Mrs. Deborah Idat°rekl ;; ` VI/ATE ? CrUAL;I Y N�C�T; Days Inn West ¢ 1--A="Et��L�� r`;�oAi r,cv E, _..._� xj1 D D MAR -1 2012 ((lroll: NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P.E. Governor Director Ms. Deborah Harrell, President Days Inn of Candler, Inc. 2551 Smokey Park Highway Candler, North Carolina 28715 January 26, 2012 Subject: NOTICE OF VIOLATION NOV-2012-LV-0067 Permit No. NCO025933 Days Inn West WWTP Buncombe County Dear Ms. Harrell: Dee Freeman Secretary A review of Days Inn West WWTP's monitoring, report for July 2011 showed the following violation: Parameter Date Limit Value Reported Value Limit Type Coliform, Fecal MF, M-FC Broth,44.5C 07/13/2011 400 #/100ml 600 #/100ml Daily Maximum Exceeded Remedial actions, if not already implemented, should betaken 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 ord, Regional Supervisor Surface Water Protection Section cc: w---UWQ=Ashevi lle--E-i-les_.� DWQ Central Files James & James Environmental/ ORC S:\SWP\Buncombe\Wastewater\Minors\Days Inn West 25933\NOV-2012-LV-0067.doc 91 e Carolina North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, N.C. 28778 Phone(828)296-4500 Internet: www.ncwaterguality.org FAX (828)299-7043 NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Governor Director October 3, 2011 Ms. Deborah Harrell, President Days Inn of Candler, Inc. 2551 Smokey Park Highway Candler, North Carolina 28715 Subject: NOTICE OF VIOLATION NOV-2011-LV-0465 Permit No. NCO025933 Days Inn West WWTP Buncombe County Dear Ms. Harrell: Dee Freeman Secretary A review of Days Inn West WWTP's monitoring report for April 2011 showed the following violation: Parameter Date Limit Value Reported Value Limit Type Solids, Total Suspended - Concentration 04/21/2011 45 mg/I 46.9 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 actions 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, D. Keith Hayne ,Acting Regional Supervisor Surface Water Protection Section cc: i Ie ile MCM0 ra i es James & James Environmental/ ORC S:1SWP1Buncombe\Wastewater\Minors\Days Inn West 259331NOV-2011-LV-0465.doc Nco a Carofina �tuMa!!ff North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, N.C. 28778 Phone(828)296-4500 Customer Service Internet: www.ncwateraualitv.org FAX (828)299-7043 1-877-623-6748 Beverly Eaves Perdue Governor NCDEMNR North Carolina Department of Environment and Natural Resources'. Division of Water Quality Coleen H. Sullins Dee Freeman Director Secretary SURFACE WATER PROTECTION SECTION March 10, 2011 Ms. Deborah Harrell Days Inn of Candler, Inc. 2551 Smokey Park Hwy. Candler, NC 28715 SUBJECT: Compliance Evaluation Inspection Days Inn West WWTP Permit No: NCO025933 Buncombe County Dear Ms. Harrell: Enclosed please find a copy of the Compliance Evaluation Inspection report from the inspection conducted on March 2, 2011. The facility was found to be in compliance with permit NC0025933. 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: James & James, ORC Central Files NWAs f%, Files S:\SWP\Buncombe\Wastewater\Minors\Days Inn West 25933\CEI 3-2-11.doc r SURFACE WATER PROTECTION — ASHEVILLE REGIONAL OFFICE OnrthCarolina Location: 2090 U.S. Highway 70, Swannanoa, NC 28778 ordiC roll Phone: 828-296-4500 FAX: 828-299-7043 Customer Service: 1-877-623-6748 Natma6 y Internet: www.ncwaterguali�.org <MN 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 I NI 2 15I 31 NCO025933 111 121 11/03/02 117 18I CI 1919 201 I Remarks 21111111111111111111111111111111111111111111111116 Inspection Work Days Facility Self -Monitoring Evaluation Rating B1 QA -----Reserved----- — 67I 1.0 169 70 3I 711 I 72 N 73I I I74 751 I I I I I 11 80 W Section B: Facility Data _ Name and Location of Facility Inspected (For Industrial Users discharging to POTW, also include Entry Time/Date Permit Effective Date POTW name and NPDES permit Number) Days Inn West WWTP 02:45 PM 11/03/02 05/11/01 Exit Time/Date Permit Expiration Date 2551 Smokey Park Hwy Candler NC 28715 03:15 PM 11/03/02 10/10/31 Name(s) of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data Name, Address of Responsible Official/Title/Phone and Fax Number Contacted Deborah Harrell,2551 Smokey Park Hwy Candler NC 28715//828-667-9321/No Section C: Areas Evaluated During Inspection (Check only those areas evaluated) Permit N Operations & Maintenance 0 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/ PC4 Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date 6A-- . 3 10 1 ir EPA Form 3560-3 (Rev 9-94) Previous editions are obsolete. Page # 1 NPDES yr/mo/day Inspection Type 3I NCO025933 I11 12I 11/03/02 117 18H (cont.) 1 Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) FACILITY DESCRIPTION: Days Inn of Candler, Inc. — Days Inn West WWTP DEVELOPMENT: Commercial motel with 12 employees serving 88 transient guests. COLLECTION SYSTEM: The collection system consists of < 12 connections. WASTEWATER TREATMENT PLANT (WVVfP): The WWTP consists of a 0.020 MGD concrete extended aeration package plant with of: influent lift station; metal flow equalization basin with manual bar screen; aeration basin with dual blowers providing diffused air; rectangular hoppered clarifier with 1 skimmer and sludge return; aerobic digestor; tablet chlorinator; chlorine contact chamber; and tablet dechlorinator. Annual Average Flow: 0.0015 MGD (3 year average: 2007-2010) Sludge Management: Commercial hauler (Mike's Septic Service) to the Town of Brevard's WWTP and MSD's WWTP. Excess sludge was last wasted / pumped during the summer of 2010. PERMIT: Date issued: 11-1-2005 Expiration date: 10-31-2010 Renewal: Application received by the Division on May 10, 2010. Currently under review by Ron Berry. INSPECTION / LOG: A review of the files indicates that the last compliance evaluation inspection was conducted on 12-30-2009 by Wanda Frazier. The daily operator log was present on -site and had good notation of daily events, process control and field testing data. TREATMENT UNITS / PROCESS CONTROL TESTING DATA: The activated sludge aeration basin process control data was as follows: Temperature = 15.6 degrees Celsius pH = 6.70 units Dissolved Oxygen = 2.2 mg/I Page # 2 Permit: NCO025933 Inspection Date: 03/02/2011 Settleable Solids = 400 ml/I = 40% EFFLUENT: The effluent data was as follows: Dissolved Oxygen = 3.07 mg/I pH = 6.82 units Temperature = 15.2 degrees Celsius Owner - Facility: Days Inn West WWTP Inspection Type: Compliance Evaluation Chlorine = <15 ug/I OPERATIONS AND MAINTENANCE / EFFLUENT / SUMMARY: Ms. Juanita James, ORC contractor, assisted in the inspection and appears to be operating and maintaining the facility very well. The effluent was very clear and appeared to be in compliance with permit limits. SYSTEM PERFORMANCE ANNUAL REPORT (SPAR): The 2010 System Performance Annual Report was received by the Division on March 1, 2011. Page # 3 Permit: NCO025933 Inspection Date: 03/02/2011 Owner - Facility: Days Inn West WWTP Inspection Type: Compliance Evaluation (If the present permit expires in 6 months or less). Has the permittee submitted a new application? Is the facility as described in the permit? # Are there any special conditions for the permit? Is access to the plant site restricted to the general public? Is the inspector granted access to all areas for inspection? Comment: The permit indicates drip feed chlorination. Tablet chlorination is currently used. In addition, tablet dechlorination is currently used (not listed on permit). Map indicates sub -basin # 40302. The correct sub -basin number is 04-03-02. Operations & Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? ■ n n n Does the facility analyze process control parameters, for ex: MLSS, MCRT, Settleable Solids, pH, DO, Sludge ■ n n n Judge, and other that are applicable? Comment: Equalization Basins Yes No NA NE Is the basin aerated? ■ n n n Is the basin free of bypass lines or structures to the natural environment? ■ n n n Is the basin free of excessive grease? ■ n n n Are all pumps present? ■ n ❑ ❑ Are all pumps operable? ■ n n n Are float controls operable? ■ n n n Are audible and visual alarms operable? ■ n n n # Is basin size/volume adequate? ■ n n n Comment: Bar Screens Yes No NA NE Type of bar screen a.Manual ■ b. Mechanical n Are the bars adequately screening debris? ■ n n n Is the screen free of excessive debris? ■ n n n Is disposal of screening in compliance? ■ n ❑ n Page # 4 Permit: NCO025933 Owner - Facility: Days Inn West WWTP Inspection Date: 03/02/2011 Inspection Type: Compliance Evaluation Bar Screens Yes No NA NE Is the unit in good condition? ■ Comment: Aeration Basins Yes No NA NE Mode of operation Ext. Air Type of aeration system Diffused Is the basin free of dead spots? ■ n n n Are surface aerators and mixers operational? 0 ❑ ■ Are the diffusers operational? ■ ❑ ❑ fl Is the foam the proper color for the treatment process? ■ Does the foam cover less than 25% of the basin's surface? ■ n n n Is the DO level acceptable? ■ n n n Is the DO level acceptable?(1.0 to 3.0 mg/1) ■ Comment: Secondary Clarifier Yes No NA NE Is the clarifier free of black and odorous wastewater? ■ ❑ ❑ Is the site free of excessive buildup of solids in center well of circular clarifier? n n ■ 0 Are weirs level? ■ fl ❑ ❑ Is the site free of weir blockage? ■ n n n Is the site free of evidence of short-circuiting? ■ Cl 0 0 Is scum removal adequate? ■ n n Cl Is the site free of excessive floating sludge? ■ ❑ Cl 11 Is the drive unit operational? ❑ 0 ■ Cl Is the return rate acceptable (low turbulence)? ■ n n n Is the overflow clear of excessive solids/pin floc? ■ n n n Is the sludge blanket level acceptable? (Approximately % of the sidewall depth) ■ n n ❑ Comment: Disinfection -Tablet Yes No NA NE Are tablet chlorinators operational? ■ n 00 Are the tablets the proper size and type? ■ n 011 Number of tubes in use? 3 Page # 5 Permit: NC0025933 Owner - Facility: Days Inn West WWTP Inspection Date: 03/02/2011 Inspection Type: Compliance Evaluation 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: 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: Effluent Pipe Is right of way to the outfall properly maintained? Are the receiving water free of foam other than trace amounts and other debris? If effluent (diffuser pipes are required) are they operating properly? Comment: Yes No NA NE Yes No NA NE Tablet nn■o nn■n nn■n Yes No NA NE Page # 6 YJ3f GL! LCJll 14. 4L IdZUbb071Zb VAYS INrq Wt51 rmur_�Vol ffri3,, I/ EERr ORMANCE ANNUAL REPORT -- 201-0 Days Inn Nest Pen -nit Number: IV-00025933 Afts. Deborah Harrell A copy of the Performance Annual Report has already been filed,with the State of North Carolina Division of Water (duality in triplicate by James & James Environmental 1lNIanagernent, Inc. and should be in your possession at this time. On that report, the certification was stated that 1, the responsible party of this facility, -has received a copy -of this report and was ducted to ... . give the users knowledge of this report and access to it. Therefore: I certify under penalty of law that this report prepared by James & James Environmental Management, Inc. is complete and accurate to the best of my knowledge. I further certify that this report has been made available to the users or customers of this documented system and that those users have been notified of its availability. Thank you, Q "4 Tub`s. Deborah Harrell Days Inn West 0 2011 WATER G!UAI-ITY SECT CE �- __.---- h D MAC 7 2011 END R-wAFEK-q-uALITY POINT SOURCE BRANCH Days Inn West DAMES &L DAMES ENVIRONMENTAL MANAGEMENT, INC PO BOX 1354, MOUNTAIN HOME, NC 28758 (828) 697-0063 OFFICE (828) 697-0065 FAX PERFORMANCE ANNUAL REPORT - 2010 Mrs. Deborah Harrell Permit Number: NCO025933 System Description An extended aeration basin with an influent pump station from the office building and the rest on gravity flow influent into a 20,000 gallon treatment facility, clarifier, tablet feed chlorinator, chlorine contact chamber, tablet feed de -chlorinator, and effluent gravity line. Performance There were motor belts replaced this year and a boot was repaired on the skimmer. The panel box to the main feed for the blowers was replaced. Violations and corrective actions taken 1. March, 2010 a. Fecal Coliform @ 510 colonies/100mis i. The chlorine residual was 0.8 mg/l; possibly due to the hydraulic surge as the facility shut off. Increased the dosage. 2. July, 2010 a. Fecal Coliform @ 550 colonies/100mis i. Returned to increased dosing of chlorine. This report has been sent to the Owner with directions to give notification of the availability of this report to each of their users. A certified statement will be sent to the State when this notice has been issued. I certify under penalty of law that this report is complete and accurate to the best of my knowledge. I further certify that this report has been made available to the users or customers of the named system and that those users have been notified of its availability. I also certify that this report has been given to the owner of this facility with explicit directions to make the user aware of the availability of this report and the location with which a copy can be viewed or received. James & James Environmental Mgt., Inc cannot certify that the latter has been completed and will enclose a letter of certification to be mailed to the State of North Carolina on behalf of this entity along with all pertinent information regarding this system for the conclusion of this requirement. I you, ka a James ¢ James & James Environmental Management, Inc.iMAR _ r AWE 7 2011' _.. kAIATER QUALITY SE( `• L ASHEVILLE REGIONAL 4 M PERFORMANCE ANNUAL REPORT — 2010 Days Inn West Permit Number: NCO025933 Mrs. Deborah Harrell A copy of the Performance Annual Report has already been filed with the State of North Carolina Division of Water Quality in triplicate by James & James Environmental Management, Inc. and should be in your possession at this time. On that report, the certification was stated that I, the responsible party of this facility, has received a copy of this report and was directed to give the users knowledge of this report and access to it. Therefore: I certify under penalty of law that this report prepared by James & James Environmental Management, Inc. is complete and accurate to the best of my knowledge. I further certify that this report has been made available to the users or customers of this documented system and that those users have been notified of its availability. Thank you, Mrs. Deborah Harrell Days Inn West ' F-z-,NLE COPY NCDENR North Carolina Department of Environment and Natural Resources Beverly Eaves Perdue Governor Ms. Deborah Harrell, President Days Inn of Candler, Inc. 2551 Smokey Park Highway Candler, North Carolina 28715 Dear Ms. Harrell: Division of Water Quality Coleen H. Sullins Director January 12, 2011 Subject: NOTICE OF VIOLATION NOV-2011-LV-0014 Permit No. NCO025933 Days Inn West WWTP Buncombe County Dee Freeman Secretary A review of Days Inn West WWTP's monitoring report for July 2010 showed the following violation: Parameter Date Limit Value Reported Value Limit Type Coliform, Fecal MF, M-FC Broth,44.5C 07/15/10 400 #/100ml 550 #/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: 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 action for this and any additional violations of State law. If you should have any questions, please do not hesitate to contact Janet Cantwell at 828/296-4500. Sincerely, Roger C. Edwards, Regional Supervisor Surface Water Protection Section WQ s ev' le Was DWQ en ral Files Chris Dickinson/ General Manager/ Days Inn West James & James Environmental/ ORC S:ISWPIBuncombe\WastewaterWlinors\Days Inn West 2593MOV-2011-LV-0014.doc NorthCarofina Nate ma!!b North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, N.C. 28778 Phone(828)296-4500 Customer Service Internet: www.ncwaterouality.org FAX (828)299-7043. 1-877-623-6748 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 June 24, 2010 Ms. Deborah Harrell, President Days Inn of Candler, Inc. 2551 Smokey Park Highway Candler, North Carolina 28715 Subject: NOTICE OF VIOLATION NO V-2010-LV-0237 Permit No. NCO025933 Days Inn West WWTP Buncombe County Dear Ms. Harrell: A review of Days Inn West WWTP's monitoring report for March 2010 showed the following violation: Parameter Date Limit Value Reported Value Limit Type Coliform, Fecal MF, M-FC Broth,44.5C 03/31/10 400 #/100ml 510 #/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: 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 action for this and any additional violations of State law. If you should have any questions, please do not hesitate to contact Janet Cantwell at 828/296-4500. Sincerely, Roger C. Edwards, Regional Supervisor Surface Water Protection Section / Ttn:s DWQ"Ashevtlleiles DWQ Central Files James & James Environmental/ ORC 5:°.yWI'',Buncombell'rttsteltateev%,linoi. Dst}s Inn West2.-i933-.NOV 2010-t,V-0237.dge NorthCarolina Natural!,# North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, N.C. 28778 Phone(828)296-4500 Customer Service Internet: www.newaterguality.oro FAX (828)299-7043 1-877-623-6748 �- it COPY NCDENR FL, North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Ms. Deborah Harrell, President Days Inn of Candler, Inc. 2551 Smokey Park Highway Candler, North Carolina 28715 Dear Ms. Harrell: Director May 3, 2010 Subject: NOTICE OF VIOLATION NOV-2010-LV-0149 Permit No. NCO025933 Days Inn West WWTP Buncombe County Secretary A review of Days Inn West WWTP's monitoring report for December 2009 showed the following violation: Parameter Date Limit Value Reported Value Limit Type Coliform, Fecal MF, M-FC Broth,44.5C 12/08/09 400 #/100ml 1,100 #/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: 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 action for this and any additional violations of State law. If you should have any questions, please do not hesitate to contact Janet Cantwell at 828/296-4500. Sincerely, Roger C. Edwards, Regional Supervisor Surface Water Protection Section cc As W.- fl`tF les y' DWQ Central Files James & James Environmental/ ORC S�' 1"13micombCllkV8Ste av;(el A4inor�`.Dw," lnn West 2„93 N - 0i0-f.V-i)1-1 ..da, 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 Days Inn West JAMES & JAMES ENVIRONMENTAL MANAGEMENT, INC PO BOX 1354, MOUNTAIN HOME, NC 28758 (828) 697-0063 OFFICE (828) 697-0065 FAX PERFORMANCE ANNUAL REPORT — 2009 Mrs. Deborah Harrell Permit Number: NCO025933 System Description An extended aeration basin with an influent pump station from the office building and the rest on gravity flow influent into a 20,000 gallon treatment facility, clarifier, tablet feed chlorinator, chlorine contact chamber, tablet feed de -chlorinator, and effluent gravity line. Performance There were motor belts replaced this year and a boot was repaired on the skimmer. Otherwise there were no repairs needed on the system. Violations and corrective actions taken December 8 — Fecal Coliform @ >1100 colonies/100 mis — increased chlorine dosage This report has been sent to the Owner with directions to give notification of the availability of this report to each of their users. A certified statement will be sent to the State when this notice has been issued. I certify under penalty of law that this report is complete and accurate to the best of my knowledge. I further certify that this report has been made available to the users or customers of the named system and that those users have been notified of its availability. I also certify that this report has been given to the owner of this facility with explicit directions to make the user aware of the availability of this report and the location with which a copy can be viewed or received. James & James Environmental Mgt., Inc cannot certify that the latter has been completed and will enclose a letter of certification to be mailed to the State of North Carolina on behalf of this entity along with all pertinent information regarding this system for the conclusion of this requirement. Thank you, Jt1'ani James James & James Environmental Management, Inc. 2/28/10 1',AiAR 1 6 2010 MAR 0 5201 0 _.=:,x%Zat?1F;�:SG+R�:.,:!*i'ecilYaL.ac;rnvmnrrsn.�mxacvr..es�..,,. "F ��• r E NCDENR North Carolina Department of Environment and Natural Resources Beverly Eaves Perdue Governor Ms. Deborah Harrell Days Inn of Candler, Inc. 2200 Northlake Parkway; Suite 277; Tucker, GA 30084 Dear Ms. Harrell: Division of Water. Quality Coleen H. Sullins Director January 14, 2010 Dee Freeman Secretary Subject: NOTICE OF VIOLATION NOV-2010-MV-0012 Permit No. NCO025933 Days Inn West WWTP Buncombe County A review of Days Inn West WWTP's monitoring report for October 2009 showed the following violations: Parameter Date Measuring Frequency Violation Temperature 9/27 to 10/3 weekly failure to monitor pH 9/27 to 10/3 weekly failure to monitor Remedial actions, if not already implemented, should be taken to correct any problem. There were NOT any comments provided on the reverse of the relevant DMR to explain the subject violations. It is requested that a response be submitted to the attention of Wanda Frazier. The Division of Water Quality may pursue enforcement actions for this and any additional violations. If you should have any questions, please do not hesitate to contact Wanda Frazier 828- 296-4662. Sincer ly, i Roger C. Ed are Regional Supervisor 9 9 p Surface Water Protection Section Enclosure cc: WQ Central Files NOV-2010-MV-0012.01-14-10.doc NorthCarolina North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, N.C. 28778 Phone (828) 296-4500 Customer Service Internet: www.ncwaterouality.org FAX (828) 299-7043 1-877-623-6748 IVA4 • ,.ca ,-Mtn+,.;..v:,,y�e,:cr�....:ro.,y�•.a�=.. pp �.�,r,,,, NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Governor Director SURFACE WATER PROTECTION SECTION January 8, 2010 Ms. Deborah Harrell, Vice President Days Inn of Candler, Inc. 2200 Northlake Parkway; Suite 277 Tucker, GA 30084 Dee Freeman Secretary SUBJECT: Compliance Evaluation Inspection Days Inn West WWTP Permit No: NCO025933 Buncombe County Dear Ms. Harrell: Enclosed please find a copy of the Compliance Evaluation Inspection form from the inspection conducted on December 30, 2009. The facility was found to be in compliance with permit NC0085952. 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: Central Files �Ashevllle Files £� 1 ,. u SURFACE WATER PROTECTION — ASHEVILLE REGIONAL OFFICE Location: 2090 U.S. Highway 70, Swannanoa, NC 28778 Phone: (828) 296-4500 FAX: (828) 299-7043 Customer Service: 1-877-623-6748 �/ Internet: www.ncwaterguality.org NoAhCarolina )Vaturaliff 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 I NI 2 15I 31 NCO025933 Ill 121 09/12/30 117 181 CI 19I SI 20III Remarks 21111111111111111111111111111111111111 11111111 IIIll Inspection Work Days Facility Self -Monitoring Evaluation Rating 81 QA ---------------- ------- Reserved------ --- — ----- — 67 I 1.0 169 70I 3 I 711 I 72 I N I 73 W 74 751 I I I I I I-180 Section B: Facility Data Name and Location of Facility Inspected (For Industrial Users discharging to POTW, also include Entry Time/Date Permit Effective Date POTW name and NPDES permit Number) 09:45 AM 09/12/30 05/11/01 Days Inn West WWTP Exit Time/Date Permit Expiration Date 2551 Smokey Park Hwy Candler NC 28715 10.15 AM 09/12/30 10/10/31 Name(s) of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data Joseph Carmon Simmons/ORC/828-898-6277/ Name, Address of Responsible OfficiaUTitle/Phone and Fax Number Contacted Deborah Harrell,2551 Smokey Park Hwy Candler NC 28715//828-667-9321/No Section C: Areas Evaluated During Inspection (Check only those areas evaluated) Permit 0 Operations & Maintenance 0 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/ . D/D Signature of Management Q A Reviewer Agency/Off Phone and Fax Numbers Date I EPA Form 3560-3 (Rev 9-94) Previous editions are obsolete. Page # 1 NPDES yr/mo/day Inspection Type 3I NCO025933 I11 12I 09/12/30 117 181CI (cont.) 1 Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) OPERATIONS AND MAINTENANCE / EFFLUENT / SUMMARY: Ms. Juanita James, assisted in the inspection. This facility appears to be well operated and maintained. The effluent appeared to be clear, indicating compliance with permit limits. PERMIT / INSPECTION / LOG: A review of the files indicates that the last compliance evaluation inspection was conducted on 12-19-2008 by Wanda Frazier. A copy of the current permit was on -site. The permit expires on 10-31-2010. Please request a permit renewal 6 months prior to expiration. A renewal notice will be mailed as a reminder. The log book was present on -site and had good notation of daily events. The fence post that supports the gate and fence, had been repaired. PERFORMANCE ANNUAL REPORT: The 2008 Annual Performance Report had been filed for the year. The 2009 Annual Report is due no later than 60 days of the end of the reporting period. (Note: 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 Page # 2 Permit: NC0025933 Owner- Facility: Days Inn West WWTP Inspection Date: 12/30/2009 Inspection Type: Compliance Evaluation (If the present permit expires in 6 months or less). Has the permittee submitted a new application? ❑ ❑ ■ n Is the facility as described in the permit? ■ n n n # Are there any special conditions for the permit? n ■ n n Is access to the plant site restricted to the general public? ■ n n n Is the inspector granted access to all areas for inspection? ■ n n n Comment: Bar Screens Yes No NA NE Type of bar screen a.Manual IN b.Mechanical fl Are the bars adequately screening debris? ■ n n n Is the screen free of excessive debris? ■ n n n Is disposal of screening in compliance? ■ n n n Is the unit in good condition? ■ n n n Comment: Equalization Basins Yes No NA NE Is the basin aerated? ■ n n n Is the basin free of bypass lines or structures to the natural environment? ■ n n n Is the basin free of excessive grease? ■ n n n Are all pumps present? ■ n n n Are all pumps operable? ■ n n n Are float controls operable? ■ n n n Are audible and visual alarms operable? ■ n n n # Is basin size/volume adequate? ■ n n n Comment: Aeration Basins Yes No NA NE Mode of operation Ext. Air Type of aeration system Diffused Is the basin free of dead spots? ■ n n n Are surface aerators and mixers operational? n n ■ o Page # 3 Permit: NCO025933 Owner - Facility: Days Inn West WVV P Inspection Date: 12/30/2009 Inspection Type: Compliance Evaluation Aeration Basins Yes No NA NE Are the diffusers operational? ■ n n n Is the foam the proper color for the treatment process? ■ n n n Does the foam cover less than 25% of the basin's surface? ■ n n Cl Is the DO level acceptable? ■ n n n Is the DO level acceptable?(1.0 to 3.0 mg/1) ■ n n ❑ Comment: Secondary Clarifier Yes No NA NE Is the clarifier free of black and odorous wastewater? ■ n n ❑ Is the site free of excessive buildup of solids in center well of circular clarifier? n n ■ o Are weirs level? ■ n n n Is the site free of weir blockage? ■ ❑ n n Is the site free of evidence of short-circuiting? ■ n n n Is scum removal adequate? ■ n n n Is the site free of excessive floating sludge? ■ n n n Is the drive unit operational? n o ■ o Is the return rate acceptable (low turbulence)? ■ n n n Is the overflow clear of excessive solids/pin floc? ■ n n n Is the sludge blanket level acceptable? (Approximately % of the sidewall depth) ■ n n n Comment: Disinfection -Tablet Yes No NA NE Are tablet chlorinators operational? ■ n n n Are the tablets the proper size and type? ■ n n n Number of tubes in use? Is the level of chlorine residual acceptable? ■ n n n Is the contact chamber free of growth, or sludge buildup? ■ n n n Is there chlorine residual prior to de -chlorination? ■ n n n Comment: De -chlorination Yes No NA NE Type of system ? Tablet Is the feed ratio proportional to chlorine amount (1 to 1)? n n ■ n Page # 4 Permit: NCO025933 Owner - Facility: Days Inn West WWrP Inspection Date: 12/30/2009 Inspection Type: Compliance Evaluation Is storage appropriate for cylinders? ❑ ❑ ■ n # Is de -chlorination substance stored away from chlorine containers? ■ n n n Comment: Are the tablets the proper size and type? ■ n n n Are tablet de -chlorinators operational? ■ n n n Number of tubes in use? 1 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? n n ■ n Comment: Operations & Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? ■ n n n Does the facility analyze process control parameters, for ex: MLSS, MCRT, Settleable Solids, pH, DO, Sludge ■ n n n Judge, and other that are applicable? Comment: Page # 5 11/11/2009 10:42 8286969738 HARRY JAMES PACE 02 JAMES & JAMES ENVIRONMENTAL MANAGEMENT, INC PO BOX 1354, MOUNTAIN HOME, NC 28758 (828) 697-0063 OFFICE (828) 697-0065 FAX 11/11/09 Janet Citntwell DWQ 2090 US Highway 70 Swannauoa, NC 28778 Re: NOV-2009-LV-0485 Permit No, NCO025933 Days lmr West pear Ms. Cantwell, The NOV dated 11/5/09 was received by the Days Inn West personnel and was tralisferred to me for response. The NOV was for and elevated Fecal Coliform with a result of420 colonies/100 mis and a limit of 2001400 colonies/100 mis- We increased the chlorine dosage to meet the demand of the effluent leaving the facility. The facility quickly regained compliance, We apologize for any inconvenience this may have caused you, Tbank you for your understandiag in this matter. Thank you, Juanita James NOV 1 1 2009 '•,CIS, ,.. r. WC®EMR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary November 5, 2009 Ms. Deborah Harrell, Vice President Days Inn of Candler, Inc. 2200 Northlake Parkway; Suite 277 Tucker, GA 30084 Subject: NOTICE OF VIOLATION NOV-2009-LV-0485 Permit No. NCO025933 Days Inn West WWTP Buncombe County Dear Ms. Harrell: A review of Days Inn West WWTP's monitoring report for August 2009 showed the following violation: Parameter Date Limit Value Reported Value Limit Type Fecal Coliform 08/13/09 400 #/100ml 420 #/100ml Daily Maximum Exceeded Remedial actions, if not already implemented, should be taken to correct any problem. There were NOT any comments provided on the reverse of the relevant DMR to explain the violation, nor was the facility status marked as non -compliant. To prevent further action, carefully review these violations and deficiencies and respond in writing to this office within fifteen (15) working days of receipt of this letter. The Division of Water Quality may pursue enforcement actions for this and any additional violations of State law. If you should have any questions, please do not hesitate to contact Wanda Frazier at 828-296-4662. Sincerely, Roger C. Edwards, Regional Supervisor Surface Water Protection Section cc: WQ Central Files G:\WPDATA\DEMWQ\Buncombe\25933 Days Inn West\25933 NOV-2009-LV-0485.doc P&Karolina Natura!!!l North Carolina Division of Water Quality 2090 US Highway 70; Swannanoa, NC 28778 Phone (828) 296-4500 Customer Service Internet: www.ncwaterauality.org q y- FAX (828) 299-7043 1-877-623-6748 6t -r,- c 41- NC®ENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Governor Director March 16, 2009 CERTIFIED MAIL, 7003 0500 0002 6819 4238 RETURN RECEIPT REQUESTED Days Inn of Candler, Inc. 2551 Smokey Park Hwy Candler, NC 28715 SUBJECT: NPDES Permit Annual Fee NPDES Permit NCO025933 Buncombe County Dear Sir(s): Dee Freeman Secretary All permittees operating under a NPDES Permit must pay an Annual Administration Fee. For calendar year 2007 it appears that your annual fee amount of $715.00 is past due. Please submit payment as indicated below within thirty days receipt of this notice. Failure to remit payment will require that this matter be referred for collection. Please make checks payable to NC DENR; please include your NPDES permit number on the check. Send the annual fee payment to: Fran McPherson Annual Administering and Compliance Fee Coordinator 1617 Mail Service Center Raleigh, NC 27699-1617 If you have evidence that this fee has already been paid, please contact Mrs. McPherson at 919/807-6321. Sincerely, Bob Guerra Western NPDES Program cc: Fran McPherson DWQ/SWP Central Files A slaemill Office / Roger Edwards Permit file 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 Phone: 919-807-63001 FAX: 919-807-64951 Customer Service: 1=877-623-6748 Internet: www.ncwaterquality.org An Equal Opportunity 1 Affirmative Action Employer I j:2 2009 --- VIA I L 7i a�F;r_\rIL,IF=r_'L`i�'''_LCLFr:.•'� NorthCarolina ;Vaturallrf File Tasks Queues Adrnrmstrahon Help w i �_ r . A K Related Permits NII Publish `:Dutrall' Wells -Sites Gomments, :;Inspections Incitlents` ' Enforce ' ents Violations `` Details 1 Details 2 Billing•' ClassJDesrg ; ...;.Events: ` <Reg. Activities "Structures Aflilrationsr': _ _ ...... Permit' NC0025933 Version , 2'.D Status , five ' Faclhty: DayslnnVl+estWWTP ;. BUIIngContact:. "F^ LinFindGrg: County Buncombe; Address1`..2551 SmokeyP.ark,Hwy' Title Fee Category Minor individual NPDES permit Address 2'. Phone.' Bill Month 5 May Ong Billed 05f01i1982 r Clty Candler, . State NC 27P t1 Normal=_rJ FastTrack Cj Express Revie Type a question For hell ets-• , InvoiceType Period Year Period Begin Period End . Billing Month Due Date Invoice # Amount ' Paid' I Balance, Status Permit Annual Fee 2008 05/0112008 04l3012009 May 0711 SJ2008 2008PR006662 $860_p�J $$fi0 DQ $0.00 I Paid Permit Annual Fee 2007 1051OV2007 04/3012008 May 07/1912007 2007PP.005670 157_15_.Q9J �9_IlR-1 6715_QOJ Overdue PermitAnnuai Fee 2006 10510112006 04/30/2007 May 0711512006 2006PR005769 s715 00 I soon I Paid Permit Annual Fee 2005 05101l2005 0413012006 May 0711612005 2005PR005451 Ifflfl j715.01Qj S_O_O .PaidPermit Annual Fee 2004 051D112004 04/30/2005 May 0711412004 2004PP.003127 $715 a 1 sn n0 I Paid Permit Annual Fee 2003 '05i0112003 04130/2004 May 07/1212003 2003PR002779 $715 nn I s7100J $0.00 I Paid Permit Annual Fee 12002 10510112002 1043012003 IMay 07/18/2002 12002PR002523 $715 00 I $715 00 I $0 00 I Paid Permit Annual Fee 12001 05l01l2001 04l30l2002 tutay 07122l2001 2001 PR002294 $-715-oD 15715 QO I $O.DO !Paid JAMES & JAMES ENVIRONMENTAL MANAGEMENT, INC PO BOX 1354,.MOUNTAIN HOME, NC 28758 (828) 697-0063 OFFICE (828) 697-0065 FAX PERFORMANCE ANNUAL REPORT - 2008 Days Inn West Mrs. Deborah Harrell Permit Number:, I',�TC00251 „c� System Description (ri An extended aeration basin with an influent pump station from the office building and the rest on - gravity flow influent into a 20,000 gallon treatment facility, clarifier, tablet feed chlorinator, chlorine contact chamber, tablet feed de -chlorinator, and effluent gravity line. Performance for 2008 This system had no violations over the course of the year. The system had no repairs. This system ran very well over the past year Violations for 2008 and corrective actions taken None This report has been sent to the Owner with directions to give notification of the availability of this report to each of their users. A certified statement will be sent to the State when this notice has been issued. I certify under penalty of law that this report is complete and accurate to the best of my knowledge. I further certify that this report has been made available to the users or customers of the named system and that those users have been notified of its availability. I also certify that this report has been given to the owner of this facility with explicit directions to make the user aware of the availability of this report and the location with which a copy can be viewed or received. James & James Environmental Mgt., Inc cannot certify that the latter has been completed and will enclose a letter of certification to be mailed to the State of North Carolina on behalf of this entity along with all pertinent information regarding this system for the conclusion of this requirement. Thank you, q!06- ta James James & James Environmental Management, Inc. 2/20/09 f/k9 - 14- DENR , WATER QUALITY POINT SOURCE BRANCH PERFORMANCE ANNUAL REPORT — 2008 Days Inn West Mrs. Deborah Harrell Permit Number: NCO025933 A copy of the Performance Annual. Report has already been filed with the State of North Carolina Division of Water Quality in triplicate by James & James Environmental Management, Inc. and should be in your possession at this time. On that report, the certification was stated that I, the responsible party of this facility, has received a copy of this report and was directed to give the users knowledge of this -report and access to it. Therefore: I certify under penalty of law that this report prepared by James & James Environmental Management, Inc. is complete and accurate to the best of my knowledge. I further certify that this report has been made available to the users or customers of this documented -system and that those users have been notified of its availability. Thank you, Nirs. Deborah Harrell Days Inn West JAMES & JAMES ENVIRONMENTAL PO BOX 1354, MOUNTAIN HOME, NC 28758 OFFICE . February 3, 2009 Surfacd Water Protection DWQ — Asheville Region Mrs. Wanda Frazier 2090 US Highway 70 Swannanoa, NC 28778 Re: Days Inn Candler NPDES # NCO025933 Dear Mrs. Frazier, This letter is in response to the Compliance Evaluation Inspection dated December 30, 2008. The response needed was with regard to the fence that hangs up at the entrance of the facility causing difficulty with opening and closing. You requested a response in writing as to the timetable for repairs. James & James will be meeting with Mrs. Harrell with regard to the need and potential corrective actions that should be taken with this repair. Once a plan is agreed upon, I will contact you with the timetable agreed upon. Thank you for your consideration. With highest regards, we are Very truly yours, Harry &U Juanita James C E ji, F E B- 5 2009 1 VVATER QUALITY SECTION ASHEVIL.LE REGIONAL OFFICE. 0� \NATFR Michael F. Easley, Governor Q William G. Ross Jr., Secretary O Gp F p L E C PNrth Carolina Department of Environment and Natural Resources r. �l G' I! r Coleen H. Sullins, Director Division of Water Quality Asheville Regional Office December 30, 2008 Nis. Deborah Harrell, President Days Inn of Candler, Inc. 2200 Northlake Parkway Suite 277 Tucker, Georgia 30084 SUBJECT: Compliance Evaluation Inspection Status: Compliant Days Inn West WWTP Permit No:. NC0025933 Buncombe County Dear Ms. Harrell: Enclosed please find a copy of the Compliance Evaluation Inspection form from the inspection conducted on December 19, 2008. The facility appeared to be in compliance with permit number NC0062634. James and James Environmental Management appear to be doing a fine job operating and maintaining this facility. 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 DWQ-SWP Central Files James & James Environmental Mgmt w/ attachment Ken Darkes, Area Manager w/ attachment G:\WPDATA\DEMWQ\Buncombe\25933 Days Inn West\25933 CEI 2008.doc North Carolina Aatura!!il 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 Inspection Re Ort 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 19ISI 201 1 NI 2 15j 31 NCO025933 Ill -121I 08/12/19 117 18L l_ != Remarks 21111111111111111111111111111111111111111111111116 Inspection Work Days Facility Self -Monitoring Evaluation Rating B1 QA ----------------- --------- Reserved ---------------------- 67I 1.0 169 701 3 I 711 I 721 NJ 731 I LLJ 174 751 I I I I I I 180 U Section B: Facility Data Name and Location cif -Facility Inspected (For Industrial Users discharging to POTW, also include Entry Time/Date Permit Effective Date POTW name and NPDES permit Number) 02:15 PM 08/12/19 05/11/01 Days Inn West WWTP Exit Time/Date Permit Expiration Date 2551 Smokey Park Hwy Candler NC 28715 02:25 PM 08/12/19 10/10/31 Name(s) of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data Juanita Reed James/ORC/828-697-0063/ Name, Address of Responsible Official/Title/Phone and Fax Number Contacted Deborah Harrell,2551.Smokey Park Hwy Candler NC 28715//828-667-9321/No Section C: Areas Evaluated During Inspection (Check only those areas evaluated) Permit ■ Operations & Maintenance Facility Site Review Effluent/Receiving Waters Section D: Summary of Find in/Comments Attach additional sheets of narrative and checklists as necessary) (.See attachment summary) Name(s) and Signature(s) of Inspector(s) Agency/Office/Phone and Fax Numbers Date Wanda P Frazier ARO WQWQ//828-296-4500 Ext.4662/ 7,?e /] J 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 (cont.) 1 3I NCO025933 I11 12I 08/12/19 I17 18ICI Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) Records & Reports: A review of the files indicates that the last compliance evaluation inspection was conducted on February 2, 2007 by Janet Cantwell. The permit expires on 10/31/2010. Please request a permit renewal 6 months prior to expiration. A renewal notice will be mailed as a reminder. The Annual Performance Report is due March 1, 2009. The log book was present on -site and had good notation of daily events. Operations & Maintenance / Summary: This facility appears to be well operated and maintained. Effluent: The effluent appeared to be clear, indicating compliance with permit limits. Deficiencies: Immediate action is necessary --- As mentioned in the previous inspection, the post that supports the gate and fence is broken, causing the fence and gate to fall over when unlocked. Please respond in writing, within 30 days, as to the corrective measures taken. This is a safety issue, as well as, an injury and legal liability issue. Failure to take corrective action in a timely manner may result in the issuance of a Notice of Violation and civil penalty from this Division. Page # 2 Permit: N00025933 Owner - Facility: Days Inn West WWrP Inspection Date: 12/19/2008 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 Is the facility as described in the permit? ■ ❑ # Are there any special conditions for the permit? ❑ ® Q 0 Is access to the plant site restricted to the general public? ® Q 11 Cl Is the inspector granted access to all areas for inspection? ■ ❑ 0 El Comment: Bar Screens Yes No NA NE Type of bar screen a.Manual b.Mechanical Are the bars adequately screening debris? ■ ❑ 11 ❑ Is the screen free of excessive debris? ■ ❑ Q Q Is disposal of screening in compliance? ■. n Q ❑ Is the unit in good condition? ■ ❑ Q O. Comment: Aeration Basins Yes No NA NE Mode of operation Ext. Air Type of aeration system Diffused Is the basin free of dead spots? ■ Are surface aerators and mixers operational? ❑ ❑ ■ Q Are the diffusers operational? ■ Q Q O Is the foam the proper color for the treatment process? ■ ❑ Q 11 Does the foam cover less than 25% of the basin's surface? ■ ❑ Q Is the DO level acceptable? ■ Is the DO level acceptable?(1.0 to 3.0 mg/1) 0000 Comment: Secondary Clarifier Yes No NA NE Is the clarifier free of black and odorous wastewater? ■ ❑. ,❑ ❑ Is the site free of excessive buildup of solids in center well of circular clarifier? ■ Q Are weirs level? . ■ Q 13 Q Page # 3 Permit: NCO025933 Inspection Date: 12/19/2008 Secondary Clarifier Is the site free of weir blockage? Is the site free of evidence of short-circuiting? Is scum removal adequate? Owner - Facility: Days Inn West WWTP Inspection Type: Compliance Evaluation Is the site free of excessive floating sludge? Is the drive unit operational? Is the return rate acceptable (low turbulence)? Is the overflow clear of excessive solids/pin floc? Is the sludge blanket level acceptable? (Approximately '/< of the sidewall depth) Comment: Disinfection -Liquid Is there adequate reserve supply of disinfectant? (Sodium Hypochlorite) Is pump feed system operational? Is bulk storage tank containment area adequate? (free of leaks/open drains) 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: 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: Operations & Maintenance Is the plant generally clean with acceptable housekeeping? IN❑❑❑ M ❑ ❑ ❑ IN ❑ ❑ W ❑ ❑ ❑ ❑❑®❑ ®❑0❑ ■❑00 M 0 ❑ ❑ ■ ❑ ❑ ❑ ■❑❑❑ ■❑❑❑ MOOO ■ ❑ ❑ ❑ ■ ❑ ❑ ❑ Tablet ❑ ❑ ■ ❑ ❑ ❑ ■ ❑ ■❑❑❑ Yes No NA NE ■ ❑ ❑ Cl Page # 4 Permit: NCO025933 Owner - Facility: Days Inn West WWTP Inspection Date: 12/19/2008 Inspection Type: Compliance Evaluation Operations & Maintenance V-- Nl- RIA AIC Does the facility analyze process control parameters, for ex: MLSS, MCRT, Settleable Solids, pH, DO, Sludge 00 ❑ ❑ ❑ Judge, and other that are applicable? Comment: Page # 5 (� W ATF • 9QG Michael F. Easley, Governor William G. Ross Jr., Secretary North Caroliha —pdrtment of Environment and Natural Resources \O�O ` Coleen H. Sullins, Director Division of Water Quality Asheville Regional Office SURFACE WATER PROTECTION SECTION CERTIFIED MAIL RETURN RECEIPT REQUESTED Deborah Harrell, President Days Inn of Candler, Inc. 2200 Northlake Parkway, Suite 277 Tucker, Georgia 30084 Dear Ms. Harrell: November 7, 2008 7007 1490 0004 0798 8718 Subject: NOTICE OF VIOLATION N OV-2008-LV-0528 Permit No. NCO025933 Days Inn West Wastewater Treatment Plant Buncombe County A review of Days Inn West WWTP's monitoring report for August 2008 showed the following violation: Parameter Date Limit Value Reported Value Limit Type Coliform, Fecal MF, M-FC Broth,44.5C 08/20/08 400 #/100m1 700 #/100m1 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 Janet Cantwell.. The Division of Water Quality may pursue enforcement actions for this and any additional violations. If you should have any questions, please do not hesitate to contact Janet Cantwell or me at 828/296-4500. Sincerely, LA Roger C. Edwards, Regional Supervisor Surface Water Protection Section Asheville Regional Office c�:±��D1/U�Q�Asheville�Files- DWQ Central Files Bob Guerra/ DWQ Enforcement Files Chris E. Dickinson/ Manager, Days Inn West James & James Environmental/ ORC J� ATAIDEMWQ1Buncombe125933 Days Inn West1NOV-2008-LV-0528.25933.doc NorthCarolina Natut-ally 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 JAMES &. JAMES ENVIRONMENTAL MANAGEMENT, INC PO BOX 1354, MOUNTAIN HOME, NC 28758 (828) 697-0063 OFFICE (828) 697-0065 FAX March 17, 2008 NC DWQ Janet Cantwell 2090 US Highway 70 Swannanoa, NC 28778 Re: C1n-Days4An---Wesf WTP _NCv 200=LU 011-7 - Dear Ms. Cantwell, Thank you for bringing to my attention my failure to document the reason for the elevated TSS at Days Inn West. 1 usually am more observant than that, but December was it terribly busy month for us, The time clock on the active motor blower was not tellhig the motor blower to run as it was instructed. Corrections were made to the timer and the communication breakdown was fixed. In the meanwhile, however, the quality of the water was somewhat compromised. t hope that this explanation will suffice the need. I again appreciate your bringing this to my attention. Thank you, qua,6 �I��ita lames lu I I MAR 1 8 2008 I V ZOOM 9aKVP1MHYH SCL69699ZS XVd CO:9T 80OZ/LT/CO ,7. James James Environmental Mgi., Inc. System: Permit Number Days Inn West NCO025933 JAMES & .LAMES ENVIRONMENTAL MANAGEMENT ILl PO BOX 9354, MOUNTAIN HOME, NC 28758 OFFICE: (828) 697-0063 FAX: (828) 697-0065 I I Ip MAD 1 1 2008 I i PERFORMANCE ANNUAL REPORT 17Y ,;�,, 2007 , - ICE 1. General Information Facility/System Name: Responsible Entity: Person in Charge/Contact: Applicable Permit(s): DAYS INN WEST DEBORAH HARRELL DEBORAH HARRELL NCO025933 Description of Collection System or Treatment Process: The office portion is on an influent lift station, the rest of the system in gravity feed into an equalization basin that pumps into a 20,000 gallon extended aeration basin with clarifer,drip feed chlorinator and chlorine contact chamber and dechlor. II. Performance Text Summary of System Performance for Calendar Year 2007 This system ran very well in 2007 with one elevated fecal coliform result which averaged compliant. There were no major repairs to the system this year. List (by Month) any violations of permit conditions or other environmental regulations. Monthly lists should include discussion of any environmental impacts and corrective measures taken to address violations. Attach additional sheets if needed. September 25-fecal coliform @>600 colonies/100mis III. Notification: A copy of this report has been sent to the Owner with directions to give notification of the availability of this report to each of their users. A certified statement will be sent to the State when this issue has been rectified. James James Environmental Mgt., inc. System: Permit'Number Days inn West NCO025933 IV. Certification I certify under penalty of law that this report is complete and accurate to the best of my knowledge. I further certify that this report has been made available to the users or customers of the named system and that those users have been notified of its availability. (please see below) I certify that this report has been given to the Owner of this Entity with explicit directions to make the user aware of the availability of this report and the location with which a copy can be either viewed or received. James & James Environmental cannot certify that the latter has been completed and will enclose a letter of certification to be mailed to the State of North Carolina on behalf of this Entity along with all pertinent information regarding this system for the conclusion of this requirement. Juanita James/ James & James Environmental Management 2/20/08 Responsible Person Title Entity Date James James Environmental Mgt., inc. System: Days Inn West JAMES & JAMES ENVIRONMENTAL MANAGEMENT PO BOX 9354, MOUNTAIN HOME, NC 28758 OFFICE: (828) 697-0063 FAX: (828) 697-0065 PERFORMANCE ANNUAL REPORT I. General Information Facility/System Name: DAYS INN WEST Responsible Entity: Person in Charge/Contact: Applicable Permit(s): DEBORAH HARRELL DEBORAH HARRELL NCO025933 Permit Number NCO025933 A copy of the PERFORMANCE ANNUAL REPORT has already been filed with you by James & James Environmental Management and should be in your possession at this time. On that report, the certification was stated that 1, the owner of this Entity, has received a copy of this report and was directed to give the users knowledge of the report and access to it. Therefore: certify under penalty of law that this report prepared by James & James Environmental Management is complete and accurate to the best of my knowledge. I further certify that this report has been made available to the users or customers of the named system and that those users have been notified of its availability. Responsible Person Title Entity Date 0 INA ] � � Michael F.'Easley, Governor F '" William G. Ross Jr., Secretary Q(� lrth aro apartment of Environment and Natural Resources E3FILE r� 6 0 Pi Coleen H. Sullins, Director _ Division of Water Quality V'< z-,.-_v Asheville Regional Office SURFACE WATER PROTECTION SECTION March 12, 2008 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7006 3450 0002 7064 8730 Ms. Deborah Harrell, President Days Inn of Candler, Inc. 2551 Smokey Park Hwy Candler, North Carolina 28715 Subject: Withdrawal of LV-2007-0419 Permit No. NCO025933 Days Inn West WWTP Buncombe County Dear Ms. Harrell: On October 22, 2007 a Civil Penalty in the amount of $232.20 was assessed against Days Inn of Candler, Inc. for NPDES Permit limit violations which occured in April of 2007. For administrative reasons, this Civil Penalty is being withdrawn. The Division of Water Quality may pursue enforcement action for any additional violations of State law or regulation. Should you need to discuss this matter in greater detail, please do not hesitate to call Roy Davis at (828)296-4500. Sincerely, t ".n Roger C. Edwards, Regional Supervisor Surface Water Protection Section WQ-SWP Central Files Bob Guerra/ SWP Enforcement Files James & James Environmental/ ORC Chris Dickinson/ Manager Days Inn West GAWPDATA\DEMWQ\Buncombe\25933 Days Inn West\NOV-2008-LV-0112.25933.doc One No thCarolina �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.nowaterguality.org FAX (828)299-7043 1-877-623-6748 Michael F. Easley, Governor William G. Ross Jr., Secretary North Cai ...,u Department of Environment and Natural Resources sUFtr-AcE !!HATER PROTECTION SECTION February 25, 2008 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7006 3450 0002 70641526 Ms. Deborah Harrell, President Days Inn of Candler, Inc. 2551 Smokey Park Hwy Candler, North Carolina 28715 Subject: NOTICE OF VIOLATION NOV-2008-LV-0112 Permit No. NCO025933 Days Inn West WWTP Buncombe County Dear Ms. Harrell: Coleen H. Sullins, Director Division of Water Quality Asheville Regional Office A review of Days Inn West WWTP's monitoring report for December 2007 showed the following violations: Parameter Date Limit Value Reported' Limit Type Value Solids, Total Suspended 12/06/07 45 mg/I 48.2 mg/I Daily Maximum Exceeded 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 of the reason for the non-compliance. 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 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. NorthCarolina Natmrally North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, N.C. 28778 Phone(828)296-4500 Customer Service Internet: www.ncwateroualitV.org FAX (828)299-7043 1-877-623-6748 Ms. Deborah Harrell February 25, 2008 Page Two To prevent further action, carefully review these violations and deficiencies and respond in writing to this office within 10 working days of receipt of this letter. You should address the causes of non-compliance and all actions taken to prevent the recurrence of similar situations. If you should have any questions, please do not hesitate to contact Janet Cantwell or me at 828/296-4500. Sincerely, r� Roger C. Edwards, Regional Supervisor Surface Water Protection Section cc: WQ-SWP Asheville Files WQ-SWP Central Files Bob Guerra/ SWP Enforcement Files James & James Environmental/ ORC Chris Dickinson/ Manager Days Inn West GAWPDATA\DEMWQ\Buncombe\25933 Days Inn West\NOV-2008-LV-0112.25933.doc [Fwd: Re: ®Fwd: Recent ARO remission case responses]] Subject: [Fwd: Re: [Fwd: Recent ARO remission case responses]] From: Roger Edwards <Roger.Edwards@ncmail.net> Date: Wed, 23 Jan 2008 14:04:41 -0500 To: Bob Guerra <Bob.Guerra@ncmail.net> CC: Roy Davis <Roy.Davis@ncmail.net>, Janet Cantwell <Janet.Cantwell@ncmail.net> This is acceptable to me. Proceed with the assessment of the cases. R. Edwards Roger Edwards - Roger.Edwards@ncmail.net North Carolina Dept. of Environment and Natural Resources Asheville Regional Office Division of Water Quality - Water Quality Section 2090 U.S. 70 Highway Swannanoa, NC 28778 Tel: 828-296-4500 Fax: 828-299-7043 Subject: Re: [Fwd: Recent ARO remission case responses] From: Roy Davis <Roy.Davis@ncmail.net> Date: Tue, 22 Jan 2008 13:59:10 -0500 To: Roger Edwards <Roger.Edwards@ncmail.net>, "janet.cantwell >> Janet Cantwell" <Janet. Cantwell@ncmail.net> Roger: Unde current protocol, cost for bringing LV-2007-0419 (Days In Candler) is $65.07. We could reduce the penalty by the difference between $103.20 and $65.07. If you agree please forward this to Bob Guerra. Roy Roger Edwards wrote: Roy, Let's discuss the CO comments as soon as you have time Thanks, R. Edwards Subject: Recent ARO remission case responses From: Bob Guerra <Bob.Guerra ��NCMail.net> Date: Tue, 22 Jan 2008 08:46:18 -0500 1 of 3 1/23/2008 2:23 PM [Fwd: Re: FFwd: Recent ARO remission case responses]] To: Roger Edwards <Roger.Edwards(c,,ncmail.net>, Roy Davis <Roy.Davis cDncmail.net>, Susan Wilson <susan.a.wilson acmai1.net> To: Roger Edwards <Roger. Edwardsa,ncmail.net>, Roy Davis <Roy.Davis(c�,ncmail.net>, Susan Wilson <susan.a.wilson q ncmail.net> Thanks for the numerous remission responses sent recently. The remission group met last Thursday to consider all the cases and your input. Please think about the following cases and the proposed changes to your recommendations and respond. 1. LV-2007-0419 Days Inn of Candler 1. Group recommendation to rescind civil penalty and enforcement costs. 1. Enforcement costs were more than enforcement costs and cause questions if Collen saw them. 2. LV 2007-0412 and LV-2007-0424 Henderson's Assisted Living (Both cases dealt with clogged lines) 1. Group recommendation to rescind civil penalty for LV-2007-0412 and keep enforcement enforcement costs. This was the one with the animal blockage. 2. Group recommendation to keep civil penalty and enforcement enforcement costs for LV-2007-0424 . 1. Group remarked that an additional / continual blockage on back to back months indicated that minimal effort was put forth to remove blockage and not perform obvious maintenance at time of first blockage. Please respond with any questions comments regarding these RECOMMENDATIONS. If you concur with these changes please send emails, like before, reflecting ARO recommendations to each remission request. If Roy needs further assistance please call. Thanks in advance. Roy Davis - Roy.DavisCncmail.net North Carolina Dept. of Environment and Natural Resources Asheville Regional Office Division of Water Quality - Water Quality Section 2090 U.S. 70 Highway Swannanoa, NC 28778 Tel: 828-296-4500 Fax: 828-299-7043 2 of 3 1/23/2008 2:23 PM LV-2007-0419 Subject: LV-2007-0419 From: Roy Davis <Roy.Davis@ncmail.net> Date: Mon, 07 Jan 2008 10:55:16 -0500 To: Bob Guerra <Bob.Guerra@ncmail.net>, Roger Edwards <Roger.Edwards@ncmail.net>, janet.cantwell@ncmail.net, Roy Davis <Roy.Davis@ncmail.net> The ARO recommends no remission. The Remission Request indicates the effluent Total Suspended Residue violation was the result of solids from the dechlorination tablet but does not take the next step by telling us what corrective action has been taken. Attached you will find Remission Factors for this CPA. Roy Roy Davis - Roy.Davis@ncmail.net North Carolina Dept. of Environment and Natural Resources Asheville Regional Office Division of Water Quality - Water Quality Section 2090 U.S. 70 Highway Swannanoa, NC 28778 Tel: 828-296-4500 Fax: 828-299-7.043 Roy Davis <Roy.Davis(a),ncmail.net> NC DENR - Asheville Regional Office Division of Water Quality - Water Quality Section Content -Type: application/msword LV-2007-0419- Remission Factors.doc Content -Encoding: base64 1 of 1 1/7/2008 10:55 AM 40 DWQ - CIVIL ASSESSMENT REMISSION FACTORS Case Number: LV-2007-0419 Region: Asheville County: Buncombe Assessed Entity: Days Inn of Candler - Permit: NCO025933 No❑ (a) Whether one or more of the civil penalty assessment factors were wrongly applied to the detriment of the petitioner: Notes Yes❑ (b) Whether the violator promptly abated continuing environmental damage resulting from the violation: Notes: No further Total Suspended Residue effluent limit violations have occurred since April, 2007. Yes❑ (c) Whether the violation was inadvertent or a result of an accident: Notes: The remission request submitted by the ORC alluded to the possibility that suspended residue from the dechlorination tablets contributed to effluent suspended solids. The ORC did not go on to say that the facility has switched to a different manufacturer's product and the problem eliminated. Yes❑ (d) Whether the violator had been assessed civil penalties for any previous violations: Notes: One earlier CPA for violation of the permit monthly average effluent limit for NH3 taking place in July 2006. No❑ (e) Whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions: Notes: DECISION (Check One) Request Denied ❑ Full Remission ❑ Retain Enforcement Cost? Yes ❑ No ❑ Partial Remission ❑ $ (Enter Amount) Rev. 7/2007 Coleen H. Sullins Date W A TF� Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources FILE COPY SURFACE WATER PROTECTION SECTION CERTIFIED MAIL RETURN RECEIPT REQUESTED Ms. Deborah Harrell, President Days Inn of Candler, Inc. 2551 Smokey Park Highway Candler, North Carolina 28715 Dear Ms. Harrell: December 7, 2007 7006 3450 0002 7064 2080 Subject: NOTICE OF VIOLATION NOV-2007-LV-0577 Permit No. NC0025933 Days Inn West WWTP Buncombe County Coleen H. Sullins, Director Division of Water Quality Asheville Regional Office A review of Days Inn West WWTP's monitoring report for September 2007 showed the following violations: Parameter Date Limit Value Reported Limit Type Value Coliform, Fecal MF, M- 09/25/07 400 600 #/100ml Daily FC Broth,44.5C #/100ml 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 Janet Cantwell. The Division of water Quality may pursue enforcement actions for this and any additional violations of state law. NorthCarolina Alatura!!rff 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 Ms. Deborah Harrell ' December 7, 2007 Page 2 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. 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 Asheville Regional Office Q A hevrlI' - l�i�le WQ Central Files Bob Guerra/ Enforcement Files James& James Environmental/ ORC Chris Dickinson/ Manager, Days Inn Candler - OF W ATFRQ A 7 r- t] � Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources December 7, 2007 James & James Environmental Management, Inc. PO Box 1354 Mountain Home, NC 28758 Subject: Remission Request of Civil Penalty Assessment Days Inn of Candler WWTP NPDES Permit NCO025933 Buncombe County Case Number LV-2007-0419 Dear Mrs. James: Coleen H. Sullins, Director Division of Water Quality This letter is to acknowledge the receipt and of your request for remission of the civil penalties levied against the subject entity. A copy is being sent to the Asheville Regional Office for input and recommendations. Your request •will be placed on the agenda of the Director's next scheduled enforcement conference and you will be notified of the result. If you have any question or I can be of further assistance about this matter, please contact me at (919) 733-5083, extension 539. Sincerely, "/ kw, Robert Guerra, Western Region NPDES Point Source Branch Cc: Asheville Regional Office Enforcement file w/originals Central Files ]V°o a Carolina Nturally North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone (919) 733-7015 Customer Service Internet: www.ncwaterguality.org Location: 512 N. Salisbury'St. Raleigh, NC 27604 Fax (919) 733-2496 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer— 50% Recycled/10% Post Consumer Paper JUSTIFICA V FOR -REMISSION REQUEST Lin DWQ Case Number: LV-2007-0419 =' j County: Buncombe Assessed Party: Days Inn of Candler, Inc.: it„1 Permit No. (if applicable): NC0025933 I Amount Assegsed: $232.20 ,< , ;: Please use this form when requesting remission of"tliis civi� perialfy?'. 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.I (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); X_ (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: , � �� I S-S WOl�ev `cam4VULCA �� �U Fj n,ta:M 1'�--�- r 5 r, W- s 16 �er��� �1 '��i l 6 STATE OF NORTH CAROLINA DEPARTMENT OF L_ .: IRONMENT AND NATURAL RESOURCES COUNTY OF BUNCOMBE Days Inn of Candler, Inc. IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND Days Inn West WWTP ) STIPULATION OF FACTS PERMIT NO. NCO025933 ) FILE NO. LV-2007-0419 Having been assessed civil penalties totaling $232.20 for violation(s) as set forth in the assessment document of the Division of Water Quality dated October 22, 2007, 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 ���enlle , 20 brj d YA-c"Z5 SIGNATU ADDRESS TELEPHONE '' DEC 3 2007 N Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department' . —Aronment and Natural Resources Coleen H. Sullins, Director Division of Water Quality nal Office October 22, 2007 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7006 3450 0002 70641601 Ms. Deborah Harrell, President Days Inn of Candler, Inc. 2551 Smokey Park Hwy Candler, North Carolina 28715 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 N00025933 Days Inn of Candler, Inc. Days Inn West WWTP Case No. LV-2007-0419 Buncombe County Dear Ms.. Harrell: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $232.20 ($100.00 civil penalty + $132.20 enforcement costs) against Days Inn of Candler, Inc.. This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report (DMR) submitted by Days Inn of Candler, Inc. for the month of April 2007. This review has shown the subject facility to be in violation of the discharge limitations and/or monitoring requirements found in NPDES Permit NC0025933. The violations which occurred in April 2007 are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that Days Inn of Candler, Inc. violated the terns, conditions or requirements of NPDES Permit NCO025933 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 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, Roger.C. Edwards, Division of Water Quality Regional Supervisor for the Asheville Region, hereby make the following civil penalty assessment against Days Inn of Candler, Inc.: IooAbCarolina %lIl`llCW/j/ North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, NC 28778 Phone(828) 296-4500 Customer Service Internet: www.ncwaterauality.orn FAX (828) 299-7043 1- 800 623-7748 $.00 $100.00 $100.00 $132.20 $232.20 0 of the 1 violations of G.S. 143-215.1(a)(6). and NPDES Permit NC0025933, by discharging waste water into the waters of the S in violation of the Permit Monthly Average limit for RES/TSS. 4 1: of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No. NC0025933, by discharging waste water into the waters of the State in violation of the Permit Daily Maximum limit for RES/TSS. TOTAL CIVIL (PENALTY Enforcement Costs TOTAL AMOUNT DUE Pursuant to G.S.143-215.6A(c), in determining the amount of the penalty I have taken into account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 143B- 282. 1 (b), which are: (1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation; (2) The duration and gravity of the violation; (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; (6) Whether the violation was committed willfully or intentionally; (7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and (8) The cost to the State of the enforcement procedures. Within thirty days of receipt of this notice, you must do one of the following: Submit payment of the penalty: Payment should be made directly to the order of the Department of Environment and Natural Resources (do not include waiver form). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). Please submit payment to the attention of: Point Source Compliance/Enforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 OR 2. Submit a written request for remission or mitigation including a detailed justification for such request: Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Because a remission request forecloses the option of an administrative hearing, such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation and agreement that no factual or legal issues are in dispute. Please prepare a detailed statement that establishes why you believe the civil penalty should be rernitted,'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 cam -lot 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 1 !' 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 Pemiy 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, Ext. 4667. Sincerely, Roger C. Edwards, Regional Supervisor Surface Water Protection Section Asheville Regional Office ATTACHMENTS cc: WQ Asheville File w/ attachments WQ Central File w/ attachments Bob Guerra/ Enforcement File w/ attachments James & James Environmental/ ORC w/ attachments Chris E. Dickenson, Manager/ Days Inn, w/ attachments JUSTIFICATION FOR REMISSION REQUEST DWQ Case Number: ITV-2007-0419 County: Buncombe Assessed Party: Days Inn of Candler, Inc. Permit No. (if applicable): NC0025933 Amount Assessed: $232.20 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 doctmlents 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. l 43B-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 ivas 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 ivill prevent you from performing the activities necessary to achieve compliance). EXPLANATION: STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES COUNTY OF BUNCOMBE Days Inn of Candler, Inc. IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND Days Inn West WWTP ) STIPULATION OF FACTS PERMIT NO. NC002593'3 ) FILE NO. LV-2007-0419 Having been assessed civil penalties totaling $232.20 for violation(s) as set forth in the assessment document of the Division of Water Quality dated October 22, 2007, 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 Im ATTACHMENTA Days Inn of Candler, Inc. CASE NUMBER: LV-2007-0419 PERMIT: NCO026933 FACILITY: Days Inn West WWTP COUNTY: Buncombe REGION: Asheville Limit Violations MONITORING OUTFALLI VIOLATION UNITOF CALCULATED % OVER PENALTY REPORT PPI LOCATION PARAMETER DATE FREQUENCY MEASURE LIMIT VALUE LIMIT VIOLATION TYPE $100.00 4-2007 001 Effluent RESITSS 04/17/07 Weekly mg/I 45 60 33.33 Daily Maximum Exceeded $.00 4-2007 001 Effluent RES/TSS 04/30/07 Weekly mg/I 30 30.05 .17 Monthly Average Exceeded DIVISION OF W i i mil QUALITY - CIVIL PENALTY ASSESSMENT (FILE) Violator: Days Inn of Candler. Inc. County: Buncombe Case Number: LV-2007-0419 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; There was no quantifiable harm to the natural resources of the State, to the public health, or to private property; however, all effluent violations may be detrimental to the receiving stream. 2) The duration and gravity of the violation; TSS daily max was exceeded by 3 3 % and TSS monthly average was exceeded by 0.5 %. 3) The effect on ground or surface water quantity or quality or on air quality; All significant effluent violations are detrimental to the receiving stream. 4) The cost of rectifying the damage; The cost is unknown. 5) The amount of money saved by noncompliance; Money was saved by not doing any additional testing beyond what was required. 6) Whether the violation was committed willfully or intentionally; The violation appears inadvertent; however, it still had an effect on the receiving waters. 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 was one assessment, LV-2007-0024. 8) The cost to the State of the enforcement procedures. $132.20. Date Roger C. Edwards, Regional Supervisor Surface Water Protection Section Asheville Regional Office NPDES PERNM NO. NCO025933 DISCHARGE NO . FACILITY NAME DAYS INN WEST/CANDLER OPERATOR IN RESPONSIBLE_C.HARGE.(ORQ---.MIKEG - L :. , w..., CERTIFIED LABORAsI'ORIES ]dTIA��. �3JAME NVIR�OI CHECK BOX IF ORC HAS CHANGED PERSO] Mail ORIGINAL and,ON �-jy k: C� 4 ATTN: CENTRAL. FILES "? S DENR-DWQ ' ,: 4 ! BY 1617MAIL SERVICE''CE 4 J U N 1 2007 A RALEIGH, NC 276991617� i j i 9V� �D� p��N 01 2007 2007LU QE I 001 MONTH April YEAR 2007 ASS II COLWPV BUNCOMBE GRADE IVZ PHONE 828-697-0063 MGT., INC. - #482 (2) LLECTING SAMPLES MIKE CAGLE THIS SIGNATPRE, I CERTIFY THAT THIS REPORT IS CURATE AND COMPLETE TO THE BEST OF MY KNOWLEDGE. 5-18-07 e ae e: o e eee • o e 0 • � � eee �_-�-�-----� r ae e•a a e . m' e • e e �� eee - m��®��®i --_ e ® e:• e e �i eee ® a• �i� eee e e .ee] e e•ee a e ® eee ©- eee �®-_-------� m e • e �� eee ® .: �����--� �- eee _----------� .r, ...........' ,I. a f. eee • e ���� • e ��-_ am wim, ' W rAw -eI m � Italmll 1, AI �l ®® DEM Form MR-1 (01/00) 1611, ° � L-Y_ Z&V - �0� ; %� 5 �� '` is 5 .tee,. Facility Status (Please check one of the following) All monitoring data and sampling frequencies meet permit requirements All monitoring data and sampling frequencies do NOT meet requirements M Compliant M 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. NL = NO LIMIT *=BOD-SAMPLE DID NOT "TAKE 2, LEAVE 1"; RESULTS OK "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 Crest of my knowledge and belief, true, accurate, and complete. lam aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations." DAYS INN WEST/CANDLER Permittee (Please print or type) 5/18/2007 ature of ittee** Date RT. 5, BOX 95 CANDLER, NC 28715 828=697-0063 10/31/2010 'Permittee Address Phone Number Permit Exp. Date PARAMETER CODES 00010 Temperature 00556 Oil & Grease 00951 Total Flouride 01067 Nickel 50060 Total 00076 Turbidity 00600 Total Nitrogen 01002 Total Arsenic 01077 Silver Residue 00080 Color (Pt -Co) 00610 Ammonia Nitrogen 01092• Zinc Chlorine 00082 Color (ADMI) 00625 Total lgeldhal 01027 Cadmium . 01105 Aluminum � Nitrogen 00095 Conductivity 000630 Nitrate/Nitrites . 01032 Hexavalent Chromium 01147 Total Selenium 71880 Formaldehyde . 0030Q Dissolved Oxygen 01034 Chromium 31616 Fecal Coliform 71900 Mercury 00310 BOD5 00665 Total Phosphorous, 32730 Total Phenolics 81.551 Xytene 00340 COD 00720 Cyanide 01037 Total Cobalt 34235 Benzene 00400 pH 00745 Total Sulfide 01042 Copper 34481 Toluene 00530 Total Suspended 00927 Total Magnesium 38260 MBAS Residue 00929 Totall Sodium 01045 Iron 39516 PCBs 00545 Settleable Matter 00940 Total Chloride 01051 Lead 50050 Flow Parameter Code assistance may obtained b 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 1,5 A NCAC 8A .0202 (b) (5) (B): _ **If signed by other than the pemnittee, delegation of. signatory authority must be on file with the state per 15A NCAC)� � � (2) (D)• L �j Michael F. Easley, Governor 0 William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources SURFACE WATER PROTECTION March 5, 2007 Ms. Deborah Harrell, President Days Inn of Candler, Inc. 2200 Northlake Parkway Suite 277 Tucker, Georgia 30084 Alan W. Klimek, P.E. Director Division of Water Quality Asheville Regional Office F.L j SUBJECT: Compliance Evaluation Inspection Status: Compliant Days Inn West WWTP Permit No: NCO025933 Buncombe County Dear Ms. Harrell: Enclosed please find a copy of the Compliance Evaluation Inspection form from the inspection conducted on February 20, 2007. The facility appeared to be in compliance with Permit # NC0025933. 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 Cantwell Environmental Specialist Enclosure WQ Central Files, w/ attachment James & James Environmental, w/ attachment Ken Darkes-Area Manager/Days Inn West/Candler, w/ attachment NoiihCarolina Naturm!!ly 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 EI7 /� Washington, D.C. 20460 Form Approved. PA 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 ,i 1 2 I LJ c l 3I NC O025933 Ill 12I 07/ 02/20 117 18I ,' I 191 I 201 1- Remarks 21I111111IIIII IIIIIIIIIIIIIIIIIIII IIII IIII IIII1116 Inspection Work Days Facility Self -Monitoring Evaluation Rating B1 QA ---- --------- -------- --- Reserved ---------- -------- -- 67I 169 70 LI 71 I I 72 Lqj 73I I W174 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 POTW name and NPDES permit Number) Entry Time/Date Permit Effective Date Days Inn West :Ji2TP 02.:25 PM 07/02/20 05/11/01 2551 Sinokey Park Hwy Exit Time/Date Permit Expiration Date Candler NC 28715 02:55 PIS 07/02./20 1.0/1.0/31. 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 Deboran Harrell,2551 Smoke,., Par}: Hwy Candler NC 28715//828-667-5321/- D; o 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) r Agency/Office/Phone and Fax Numbers Date Janet. Cantwe.Li ARO 07Q//828-296-4500 Ext.4667/ O Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date l EPA Form 3560-3 (Rev 9-94) Previous editions are obsolete. Page # 1 NPDES yr/mo/day Inspection Type (cont.) 1 3I NC0025933 I11 12I 07/02/20 I17 181r Li Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) Juanita James of James & James Environmental assisted in the inspection of this facility. The previous compliance evaluation inspection was conducted on December 5, 2005. A review of the files indicates that the permit expires October 31, 2010. The Annual Performance Report has been filed for the year. The aeration basin process control data on the day of the inspection: Dissolved Oxygen; = 0.8 mg/I Temperature = 15 degrees Celcius pH = 5.9 units The effluent data on the day of the inspection: Dissolved Oxygen = 1.0 mg/I Temperature = 14 degrees Celcius 6.1 pH = 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 the operator is doing a good job. It was noted on entering the facility that one of the poles which hold the gate and the fence had broken. Mrs. James stated that she would have it repaired and call when repairs were completed. Page # 2 Permit: NCO025933 Owner - Facility: Days Inn West WVVTP Inspection Date: 02/20/2007 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? ❑ ❑ ■ ❑ 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: q"rations & Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? ■ Q ❑ ❑ Does the facility analyze process control parameters, for ex: MLSS, MCRT, Settleable Solids, pH, DO, Sludge ■ ❑ ❑ ❑ Judge, and other that are applicable? Comment: Record beeping 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? 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 Permit: NCO025933 Owner - Facility: Days Inn West WWTP Inspection Date: 02/20/2007 Inspection Type: Compliance Evaluation Record Kee�}srla ,�' Yes No NA NE Facility has copy of previous year's Annual Report on file for review? ■ Cl ❑ Cl Comment: Bar Screens Yes No NA NE Type of bar screen ` a.Manual ■ b.Mechanical ❑ Are the bars adequately screening debris? ■ ❑ ❑ ❑ Is the screen free of excessive debris? - ■_ ❑ ❑ ❑ Is disposal of screening in compliance? ■ ❑ ❑ ❑ Is the unit in good condition? ■ ❑ ❑ ❑ Comment: ualization Basins Yes No NA NE Is the basin aerated? ■ ❑ ❑ Cl Is the basin free of bypass lines or structures to the natural environment? ■ 0011 Is the basin free of excessive grease? ■ ❑ ❑ ❑ Are all pumps present? ■ ❑ ❑ ❑ Are all pumps operable? ■ ❑ ❑ ❑ Are float controls operable? ■ ❑ ❑ ❑ Are audible and visual alarms operable? ❑ ❑ ■ # Is basin size/volume adequate? ■ ❑ ❑ ❑ Comment: Aeration Basins Yes No NA NE Mode of operation Ext. Air Type of aeration system Diffused Is the basin free of dead spots? ®❑ ❑ fl Are surface aerators and mixers operational? ❑ ❑ ■ ❑ Are the diffusers operational? ■ Cl ❑ 0 Is the foam the proper color for the treatment process? ■ ❑ ❑ Cl Does the foam cover less than 25% of the basin's surface? ■ -❑ ❑ ❑ Is the DO level acceptable?, ❑ ■ ❑ ❑ Page # 4 Permit: NCO025933 Owner - Facility: Days Inn West WWTP Inspection Date: 02/20/2007 Inspection Type: Compliance Evaluation Aeration Basins Yes No NA NE Is the DO level acceptable?(1.0 to 3.0 mg/1) ❑ ■ ❑ ❑ Comment: DO was measured at 0.8 mg/L and should be between 1.0 and 3.0 mg/L. Secondary Clarifier Yes No NA NE Is the clarifier free of black and odorous wastewater? ■ ❑ Cl ❑ Is the site free of excessive buildup of solids in center well of circular clarifier? ❑ ❑ ■ ❑ Are weirs level? ! ®❑ ❑ ❑ Is the site free of weir blockage? ■ ❑ ❑ ❑ Is the site free of evidence of short-circuiting? ■ ❑ ❑ ❑ Is scum removal adequate? ■ ❑ ❑ ❑ Is the site free of excessive floating sludge? ■ Cl ❑ ❑ Is the drive unit operational? n ❑ ■ fl Is the return rate acceptable (low turbulence)? ■ ❑ Cl ❑ Is the overflow clear of excessive solids/pin floc? ■ ❑ ❑ ❑ Is the sludge blanket level acceptable? (Approximately % of the sidewall depth) ❑ ❑ ❑ ■ Comment: Disinfection -Liquid Yes No NA NE Is there adequate reserve supply of disinfectant? ®❑ D ❑ (Sodium Hypochlorite) Is pump feed system operational? ®❑ ❑ ❑ Is bulk storage tank containment area adequate? (free of leaks/open drains) ■ ❑ ❑ ❑ 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? n ❑ ❑ ■ Comment: The Total Residual Chlorine monitoring requirement will take effect May 1, 2007. Page # 5 Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department L. "..,ronment and Natural Resources February 13, 2007 Deborah Harrell, President Days Inn of Candler, Inc. 2551 Smokey Park Hwy Candler, NC 28715 SUBJECT: Payment Acknowledgment Civil Penalty Assessment Days Inn West WWTP Permit Number: NCO025933 Case Number: LV-2007-0024 Buncombe County Dear Ms. Harrell: Alan W. Klimek, P.E. Director Division of Water Quality This letter is to acknowledge receipt of check number 6333 in the amount of $376.82 received from you dated January 24, 2007. This payment satisfies in full the above civil assessment levied against the subject facility, and this case'has been closed. Payment of this penalty in no way precludes future action by this Division for additional violations of the applicable Statutes, Regulations, or Permits. If you have any questions, please call Bob Guerra at 919-733-5083 Ext. 539. Sincerely, Carolyn Bryan cc: W� ,Ashur lle Regiorral-0ffice Supervlsor' , r-- Central Files FEB 1 9 2007 WATER QUALITY SECTION ASHEVILLE ESE ZONAL OFFICE ' 1617 Mail Service Center Raleigh, NC 27699-1617 (919) 733-7015 Customer Service 1 800 623-7748 ote NhCarolina Naturally 66-85/531 6333 I. JAMES & JAMES ENVIRONMENTAL MGT, INC. 0963084753 P.O. BOX 1354, KANUGA ST. 697-0063 MOUNTAIN HOME, NC 28758 DATE L PAY THE n V s� % S� Z ORDERR OF iv $ 1 p. _ • .. LRS��DOLLARS. _ RBC jo Century �\��,`�",,1�`� 1 i RBC Centure Bank '•'� F- \ �i► y V•Q SC` MEMO ----=S"�1------- 01/30/2007 09:47 FAX 828696973A,� HARRYJAMES a 001 JAMES & JAMES ENVIRONMENTAL MANAGEMENT, INC PO BOX 1354, MOUNTAIN HOME, NC 28758 (828) 697-0063 OFFICE (828) 697-0065 FAX January 23, 2007 Janet Cantwell DENR 2090 US Highway 70 Swannanoa, NC 28778 Re, Notice of Violation dated January 18, 2007 Permit Number: NCO025933 - Days Inn West NO V-2007-LV-0038 Dear Mrs. Cantwell, This letter is in reference to the Notice of Violation received by James & James Envi January 2ronmental on 5, 2007. The violation was for Days Inn West in regard to the elevated Fecal Col v rnta 900 c0l0nies/l00 cols for August, 2006. We have been attempting to find that optimum point where there is enough chlorine to do an adequate kill of the bacteria without wasting the clients money in over chlorinating and then over de -chlorinating. We were trying to run a chlorine residual around a 0.8 mg/l. This is the time that we have violated the Fecal Coliform limits. We have determined that with maintaining a chlorine residual between a 0.8 mg/1 and a 1.2 mg/1 the fecal count is usually within permit limits. While we do not wish to be negligent in the enforcement of the permit limits, we do not wish to be wasteful with the clients financial requirements either. If you have any additional questions, please contact me- Thank you for your attention in this matter. With highest regards, l am Very truly yours, /1 � Juanita James jjVJJ FEB -2 2007 ,D IWATER QUALITY S—EOTION ASHEVILLE REGIONAL OFFICE OF \NATFRastey,�oovernPr ,:aria `Q L North Carolina Departme.,—,Envi G. oss r Secoruwertar S WaterQ�uality, �� �,� Asheville Regional Office Surface Water Protection January 19, 2007 CERTIFIED MAIL . - RETURN RECEIPT REQUESTED 7005 1820 0002 9207 3970 Deborah Harrell, President Days Inn of Candler, Inc. 2200 Northlake Parkway Suite 277 Tucker, Georgia 30084 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 NCO025933 Days Inn of Candler, Inc. Days Inn West WWTP Case No. LV-2007-0024 Buncombe County Dear Ms. Harrell: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $376.82 ($250.00 civil penalty + $126.82 enforcement costs) against Days Inn of Candler, Inc. This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report (DMR) submitted by Days Inn of Candler, Inc. for the month of July 2006. This review has shown the subject facility to be in violation of the discharge limitation for Ammonia Nitrogen (NH3-N) found in NPDES Permit NC0025933. The violation which occurred in July 2006 is summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that Days Inn of Candler, Inc. violated the terms, conditions or requirements of NPDES Permit NCO025933 and G.S. 143-215.1(a)(6) in the manner and extent shown in Attachment A. In accordance with the maximums established by G.S. 143-215.6A(a)(2), a civil penalty may be assessed against any person who violates the terms, conditions or requirements of a permit required by G.S. 143-215.1(a). Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Quality, I, Roger C. Edwards, Division of Water Quality Regional Supervisor for the Asheville Region, hereby make the following civil penalty assessment against Days Inn of Candler, Inc.: 2090 U.S. Highway 70, Swannanoa, NC 28778 Phone: (828) 296-4500 FAX:299-7043 Customer Service 1- 800 623-7748 n�P I = violation of G.S. 143-215.1(a)(6) an, ?DES Permit,No. 250.00 NLv025933, by discharging wastewater into the waters of the State in violation of the Permit Monthly Average limit for Ammonia Nitrogen, NH3-N. 250.00 TOTAL CIVIL PENALTY 126.82 Enforcement Costs 376.82 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 J0 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 nj-.,L.0 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; zn (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 �' I 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 Mail or hand -deliver a copy of the petition to General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh, North Carolina 27699-1601 Please indicate the case number (as found on page one of this letter) on the petition. Failure to exercise one of the options above within thirty (30) days of receipt of this letter, as evidenced by an internal date/time received stamp (not a postmark), will result in this matter being referred to the Attorney General's Office for collection of the penalty through a civil action. Please be advised that additional penalties may be assessed for violations that occur after the review period of this assessment. If you have any questions, please contact Janet Cantwell of the Asheville Regional Office at 828- 296-4500. Sincerely, Roger C. Edwards, Regional Supervisor Surface Water Protection Asheville Regional Office ATTACHMENTS ,tI c,hrncrat Bob Guerra, Point Source Compliance Enforcement w/attachments WQ Central Files w/ attachments Ken Darkes/Days Inn Area Manager w/ attachments James & James Environmental/ORC w/ attachments JU3.L FICATION FOR REMISSION REUuEST DWQ Case Number: LV-2007-0024 County: Buncombe Assessed Party: Days Inn of Candler, Inc. Permit No.: NC0025933 Amount Assessed: $376.82 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 fitture 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 CARO. A DEPART iviuNT 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 DAYS INN OF CANDLER, INC. ) STIPULATION OF FACTS PERMIT NO. NCO025933 ) FILE NO. LV-2007-0024 Having been assessed civil penalties totaling $376.82 for violation(s) as set forth in the assessment document of the Division of Water Quality dated January 19, 2007, the undersigned, desiring to seek remission of the civil penalty, does hereby waive the right to an administrative hearing in the above -stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the director of the Division of Water Quality within thirty (30) days of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after (30) days from the receipt of the notice of assessment. This the day of ADDRESS TELEPHONE SIGNATURE 20 ATTACHMENT A Days Inn of Candler, Inc. CASE NUMBER: LV-2007-0024 PERMIT: NCO025933 FACILITY: Days Inn West WWTP 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 $250.00 7-2006 001 Effluent NH3-N 07/31/06 Weekly mg/I 4.7 6.96 48.09 Monthly Average Exceeded DIVISION OF W�.,R QUALITY - CIVIL PENALTY AS�vnSMENT (FILE) Violator: Days Inn of Candler, Inc. County: Buncombe Case Number: LV-2007-0024 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; The facility's monthly average Ammonia Nitrogen values exceeded the permit limitations by 48% in July 2006. 2) The duration and gravity of the violation; Concentrations of Ammonia Nitrogen from samples collected on July 5, 11,18, and 25, 2006 were sufficiently high to cause the facility to violate the monthly average limitation of 4.7 mg/1. 3) The effect on ground or surface water quantity or quality or on air quality; Damage to the receiving stream was not quantified. 4) The cost of rectifying the damage; The cost of rectifying the damage is unknown. 5) The amount of money saved by noncompliance; The amount of money saved by noncompliance is the cost associated with operational adjustments and/or chemical usage. 6) Whether the violation was committed willfully or intentionally; The violation does not appear to be willfull or intentional. 7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and During the period of 08/01/2005 through 07/31/2006, no enforcement actions against the Days Inn of Candler, Inc. were initiated. 8) The cost to the State of the enforcement procedures. $126.82 O7 Date Rog C. Edwards, Regional Supervisor Surface Water Protection Asheville Regional Office 7i] El PO BOX 1354, MOUNTAIN HOME, NC 28758 697-0065 FAX January 20, 2006 DWQ Janet Cantwell 2090 US Highway 70 Swannanoa, NC 28778 Re: ► y Ira an l @25 ~— Compliance Evaluation Letter Dear Ms. Cantwell, Please find outlined below responses to the Compliance Issue dated 12/19/05. #1) Installation of Audible and Visual Alarm in equalization basin Response: It our clients request that at this time, since James & James visits Monday - Friday and hotel personnel visits on Saturday and Sunday, hence a 7 day per week visitation, we request that no audible and visual alarm be required at this time. #2) Installation of a second blower Response: Days Inn Candler has given James & James approval to order the second motor and blower and it will be installed upon arrival. #3) Installation of a supernate line from the sludge holding to the equalization basin Response: Our client has given James & James authority to install this supernate line. #4) Cleaning and painting of equalization basin and removal of accumulated grit Response: Our client has given James & James authority to have the tank cleaned of all accumulated grit and we are actively seeking bids for painting. Please accept this response. If you have any additional questions, please contact us at any time. Cc: Ken Darkes Thank you, LNL (L oI Harry& Jua to c James if k f ASHEVILLE REGIONAL OFFICE JA N 3 0 2006 I WATER QUALITY SECTION Michael F. Easley, Godernor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Al W. ek, P.E. Director [ .> Div 'on of Waf�2ruality Ashev . egi-5l'Office SURFACE WATER PROTECTION January 18, 2007 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7005 1820 0002 9207 4885 Deborah Harrell, President Days Inn of Candler, Inc. 2551 Smokey Park Hwy Candler, North Carolina 28715 Subject: NOTICE OF VIOLATION NOV-2007-LV-0038 Permit No. NCO025933 Days Inn West WWTP Buncombe County Dear Ms. Harrell: A review of Days Inn West WWTP's monitoring report for August 2006 showed the following violations: Parameter Date Limit Value Reported Limit Type Value Coliform, Fecal MF, MFC 08/01/06 400 #/100ml 900 #/100ml Daily Broth,44.5C Maximum Exceeded It was also noted that the box under "Facility Status" was checked "Compliant," when in fact it should have been marked "Non -Compliant." 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. To prevent further action, carefully review these violations and deficiencies and respond in writing to this office within 10 working days of receipt of this letter. You should address the causes of non- compliance and all actions taken to prevent the recurrence of similar situations. If you should have any questions, please do not hesitate to contact Janet Cantwell, at 828/296-4500. 2090 U.S. Highway70, Swannanoa, N.C. 28778 828/296-4500 (Telephone) 828/299-7043(Fax) Customer Service 877-623-6748 NorthCarolina Deborah Harrell, President January 18, 2007 Page Two The Asheville Regional Office currently has on staff a Wastewater Treatment Consultant to offer technical assistance for wastewater treatment plants and collection systems with operational concerns. This service is free and non -regulatory to assist in the identification and correction of operational problems. This service can be utilized for optimization of.the operation of wastewater treatment plants and collection systems.- Should you have questions about this service, please contact Don Price at 828-296-4500, ext. 4656. Sincerely, #V-Cozz'_e_� Roger C. Edwards, Regional Supervisor Surface Water Protection } r WQ Central Files Bob Guerra, NPDES Point Source Compliance Enforcement James & James Environmental Management l [� M hael F. Easley; 66vernor + William_Ga Ross:k;_Scicietary North Carolina Department- of -Environment and Natural.Re+sources December 19, 2005 Ms. Deborah Harrell Days Inn of Candler, Inc. 2200 Northlake Parkway Suite 277 Tucker, Georgia 30084 Subject: Compliance Evaluation Inspection Permit # NCO025933 Days Inn West WWTP Status: Compliant Buncombe County Dear Ms. Harrell: Alan W. Klimek, P.E. Director Division of Water Quality On December 5, 2005, 1 conducted a Compliance Evaluation Inspection of the wastewater treatment facility serving the Days Inn West in Candler. 'Enclosed please find a copy of the inspection. The effluent was very clear and exhibited a fresh odor. The facility appears to be in compliance with the permit. There were, however, some deficiencies, and following is a list of recommendations for improved operation: 1. Installation of an audible and visual alarm in the equalization basin 2. Installation of a second blower 3. Installation of a supernatant line from the holding tank to the equalization basin 4. Cleaning and painting of the equalization basin and removal of accumulated grit Please respond in writing concerning plans and implementation for the above noted items by January 18, 2006. If you should have any questions, please contact me at 828-296-4500. Sincerel et Cantwe Environmental Technician Enclosure Cc: Central Files Ken Darkes-Area Mgr/Days Inn James and James Environmental Nne orthCarolina Naturally North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, NC 28778 Phone (828) 296-4500 Customer Service Internet: h2o.enr.state.nc.us FAX (828) 299-7043 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer— 50% Recycled110% Post Consumer Paper united States Environmental Protection Agency A EPAWashington, D.C. 20460 Form Approved. OMB No. 2040-0057 Water Compliance Inspection Report Approval expires 8-31-98 Section A: National Data System Coding (i.e., PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 I NI 2 15I 31 NCO025933 111 121 05/12/05 117 181 CI 191 SI 201 Remarks 2111111111111111111111Illllllllllllllllllllllllll6 Inspection Work Days Facility Self -Monitoring Evaluation Rating B1 QA ---- ---------- ---------- Reserved --- ------- ------ -- 67I 169 70I 3 I 711 I 721N I 731 I 174 751 I I I I I I 180 I I I 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 Days Inn West WWTP 12:55 PM 05/12/05 05/11/01 2551 Smokey Park Hwy Exit Time/Date Permit Expiration Date Candler NC 28715 01:30 PM 05/12/05 10/10/31 Name(s) of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data Harry Dewain James/ORC/828-697-0063/ Name, Address of Responsible Official Title/Phone and Fax Number Deborah Harrell,2551 Smokey Park Hwy Candler NC 28715//828-667-9321/ oCted Section C: Areas Evaluated During Inspection (Check only those areas evaluated) Permit 0 Flow Measurement Operations & Maintenance 0 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 WQ//828-296-4500 Ext.4667/ Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date !'—� y l I- i EP� FXm 3560-3 (Rev 9-94) Previous editions are obsolete. Page # 1 NPDES yr/mo/day Inspection Type NCO025933 I11 12I 05/12/05 I17 18ICI Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) The equalization basin needs to be cleaned and painted. Accumulated grit needs to be removed. Effluent was very clear. Page # 2 Permit: NCO025933 Owner - Facility: Days Inn West WWTP Inspection Date: 12/05/2005 Inspection Type: Compliance Evaluation Operations & Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? ■ ❑ ❑ f1 Does the facility analyze process control parameters, for ex: MLSS, MCRT, Settleable Solids, pH, DO, Sludge ■ Judge, and other that are applicable? n n n Comment: Permit Yes No NA NE (If the present permit expires in 6 months or less). Has the permittee submitted a new application? n n ■ n Is the facility as described in the permit? ■ n n n # Are there any special conditions for the permit? Is access to the plant site restricted to the general public? ■ n n n Is the inspector granted access to all areas for inspection? ■ ❑ ❑ ❑ Comment: Draft permit was issued 8/17/05. Record Keeping Yes No NA NE Are records kept and maintained as required by the permit? ■ n n n Is all required information readily available, complete and current? ■ ❑ 0 ❑ Are all records maintained for 3 years (lab. reg. required 5 years)? ■ n n n Are analytical results consistent with data reported on DMRs? ■ ❑ n n Is the chain -of -custody complete? n n n ■ Dates, times and location of sampling Name of individual performing the sampling Results of analysis and calibration fl Dates of analysis rl 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? ■ n n n (If the facility is = or > 5 MGD permitted flow) Do they operate 24/7 with a certified operator on each shift? ❑ ❑ ■ 0 Is the ORC visitation log available and current? ■ n n n Is the ORC certified at grade equal to or higher than the facility classification? ■ n n n Is the backup operator certified at one grade less or greater than the facility classification? ■ n n n Is a copy of the current NPDES permit available on site? ■ n n n Page # 3 Permit: NC0025933 Owner- Facility: Days Inn WestWVVfP Inspection Date: 12/05/2005 Inspection Type: Compliance Evaluation Yes No NA NE Record Keeping Facility has copy of previous year's Annual Report on file for review? ■ n n n Comment: Flow Measurement - Influent Yes No NA NE ■ n n n # Is flow meter used for reporting? ■ n n n Is flow meter calibrated annually? ■ n n n Is the flow meter operational? (If units are separated) Does the chart recorder match the flow meter? ❑ ❑ ■ ❑ Comment: Yes No NA NE Bar Screens Type of bar screen a.Manual ■ n b.Mechanical Are the bars adequately screening debris? ■ n n n Is the screen free of excessive debris? ■ ❑ ❑ ❑ Is disposal of screening in compliance? n n n ■ ■ n n n Is the unit in good condition? Comment: Equalization Basins Yes No NA NE Is the basin aerated? ■ Is the basin free of bypass lines or structures to the natural environment? ■ n ❑ ❑ Is the basin free of excessive grease? ■ n n n Are all pumps present? ■ ❑ Are all pumps operable? ■ n n n Are float controls operable? ■ n n n Are audible and visual alarms operable? ❑ ❑ ■ ❑ # Is basin size/volume adequate? ■ n n n Comment: Basin is rusty and needs to be cleaned and painted. An alarm system is needed. Aeration Basins Yes No NA NE Mode of operation Ext. Air Page # 4 Permit: NCO025933 Inspection Date: 12/05/2005 Aeration Basins Owner - Facility: Days Inn West WWTP Inspection Type: Compliance Evaluation Type of aeration system Is the basin free of dead spots? Are surface aerators and mixers operational? Are the diffusers operational? Is the foam the proper color for the treatment process? Does the foam cover less than 25% of the basin's surface? Is the DO level acceptable? Is the DO level acceptable?(1.0 to 3.0 mg/1) Comment: Disinfection -Liquid Is there adequate reserve supply of disinfectant? (Sodium Hypochlorite) Is pump feed system operational? Is bulk storage tank containment area adequate? (free of leaks/open drains) 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: Diffused ■❑❑n ❑ ❑ ■ ❑ ■❑nn ■n❑n nnn■ Page # 5 Certified Mail # 70151520 0003 5463 2176 Return Receipt Requested March 30, 2017 Deborah Harrell, President Days Inn of Candler, Inc. - 1872-A Montreal Rd Tucker, GA 30084-5709 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 WW Permit No. NCO025933 Days Inn of Candler, Inc. Days Inn West WWTP Case No. LV-2017-0095 Buncombe County Dear Permittee: Thal letter transmits a:.Tatice,o£VLoiatton andssEssment of civil pPn�alfyn tie amount of $366 62 ($250 00 civil penalty :. $116.62 enforcement costs) against Days Inn of Candler, Inc.. This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report (DMR) submitted by Days Inn of Candler, Inc. for the month of September 2016. This review has shown the subject facility to be in violation of the discharge limitations and/or monitoring requirements found in NPDES WW Permit No. NC0025933. The violations, which occurred in September 2016, are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that Days Inn of Candler, Inc. violated the terms, conditions or requirements of NPDES WW Permit No. NCO025933 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 Environmental Quality and the Director of the Division of Water Resources, I, G. Landon Davidson, P.G., Regional Supervisor, Asheville Regional Office hereby make the following civil penalty assessment against Days Inn of Candler, Inc.: State of North Carolina I Environmental Quality I Water Resources 2090 U.S. 70 Highway, Swannanoa, NC 28778 828-296-4500 I $250.00 1 of the 1.violations of 143-215.1(a)(6) and Permit No.N00025933, by discharging waste. water into the waters of the State in violation. of the Permit Monthly Average for NH3-N - Cone. $250.00 "TOTAL"CIVIL PENALTY $1.16.62 Enforcement Costs $366.62 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 (30) days of receipt of this notice, you must do one of the following: (1) Submit payment of the penalty, OR (2) Submit a written request for remission, OR (3) Submit a written request for an administrative hearing Option 1: Submit payment of the penalty: :payment°should" be made "€lire^tly lss the ortaer. of.the l7eparhnent of Environmental Quality (do not incWe 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: Wastewater Branch Division of Water Resources 1617 Mail Service Center Raleigh, North Carolina 27699-1617 V ion2: Submit awritten request for remission or.mitigation including a detailed justification for such uest: Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in . the civil penalty assessment document. Because a remission request forecloses the. option of an administrative hearing, such'a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation and agreement that no factual or legal issues are in dispute. Please prepare a detailed statement that establishes why you believe the civil penalty should be remitted, and"submit it to the Division of Water Resources at the address listed below. In determining whether a remission request will be approved, the following factors shall be considered: (1) whether one or more of the civil penalty assessment factors in NCGS 143B-282. I (b) was wrongfully applied to the detriment of .the petitioner; (2) whether the violator promptly abated continuing environmental damage resulting from the violation; (3) whether the violation was inadvertent or a result of an accident, (4) whether the violator had been assessed civil penalties for any previous violations; or (5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Please note that all evidence presented in support of your request for remission must be submitted in writing. The Director of the Division of Water Resources will review your evidence and inform you of his decision in the matter of your remission request. The response will provide details regarding the case status, directions for payment, and provision for further appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty Remissions (Committee). Please be advised that the Committee cannot consider information that was not part of the original remission request, considered by the Director. Therefore, it is very important that you prepare a complete and thorough statement in support of your request for remission. In order to request remission, you must complete and submit the enclosed "Request for Remission of Civil Penalties Waiver of Right to an Administrative Hearing, and Stipulation of Facts form within thirty (30) d4ys of receipt of this notice. The Division of Water Resources also requests that you complete and submit the enclosed "Justification for Remission Request.",:,......,: Both forms should be submitted to the following address: Wastewater Branch Division of Water Resources 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Option 3: File a petition for an administrative hearing with the Office of Administrative Hearing-s: . 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 flings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for official state holidays. The petition may be filed by facsimile (fax) or electronic mail by an attached file (with restrictions) -provided the signed original, one (1) copy and a filing fee (if a filing fee is required by NCGS §150B-23.2) is received in the Office of Administrative Hearings within seven (7) business days following the faxed or electronic transmission. You should contact the Office.of Administrative Hearings with all questions regarding the filing fee and/or the details of the filing process. The mailing address and telephone and fax numbers for the Office of Administrative Hearings are as follows: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC27699-6714 Tel: (919) -733-2698 Fax: (919)733-3478 One (1) copy of the petition must also be served on DEQ as follows: Mr. William F. Lane, General Counsel Department of Environmental Quality 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 receiV— 6d stamp (not x postrnar }, will result in this i atte"r`i7emg referred fo the Attorney General's 6frice 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 with the Division of Water Resources staff of the Asheville Regional Office at (828) 296-4667 or via email atjanet.cantwell@ncdenr.gov. Sincerely, G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDEQ ATTACHMENTS -c: WQS Asheville Regional Office - Enforcement F1Pe`° _ NPDES Compliance/Enforcement Unit - Enforcement File James & James Environmental/ ORC G:iWRiWQ\ Buncombe\Wastewater\\•linors;Dars Inn West 259; )\LV-2017.0095.rrF JUSTIFICATION FOR REMISSION REQUEST Case Number: LV-2017-0095 County: Buncombe Assessed Party: Days Inn of Candler, Inc. Permit No.: NC0025933 Amount Assessed: $366.62 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" formy 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 apply. Please check each factor that you believe applies to your case and provide a detailed explanation, including copies of supporting documents, as to why the factor applies (attach additional pages as needed). (a) one or more of the civil penalty assessment factors in.N.C.G.S. 14313-282.1(b) were wrongfully applied W 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 ENVIRONMENTAL QUALITY COUNTY OF BUNCOMBE IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND STIPULATION OF FACTS Days Inn of Candler, Inc. ) Days Inn West WWTP ) PERMIT NO. NCO025933 ) CASE NO. LV-2017-0095 Having been assessed civil penalties totaling $366.62.for violation(s) as set forth in the assessment document of the Division of Water Resources dated March 30, 2017, the undersigned, desiring to seek remission of the civil penalty, does hereby waive the right to an administrative hearing in the above -stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented. in support of remission of this civil penalty must be submitted to the Director of the Division of Water Resources within thirty (30) days of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after (30) days from the receipt of the notice of assessment. This the day of ADDRESS TELEPHONE SIGNATURE 20 ATTACHMENT A Days Inn of Candler, Inc. CASE NUMBER: LV-2017-0095 PERMIT: NCO025933 FACILITY: Days Inn West WWTP LIMIT VIOLATION(S) SAMPLE LOCATION: Outfall 001 - Effluent REGION: Asheville COUNTY: Buncombe Violation Report Unit of Limit Calculated % Over Violation Penalty Date Month/Yr Parameter Frequency Measure Value Value Limit Type Amount 9/30/2016 9-2016 Nitrogen, Ammonia Weekly mg/I . 4.70 6.80 44.0 Monthly $250.00 Total (as N) - Average Concentration Exceeded DIVISION OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT Violator: Days Inn of Candler, Inc. Facility Name: Days Inn West WWTP Permit Number: NCO025933 County: Buncombe Case Number: LV-2017-0095 ASSESSMENT FACTORS 1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation; 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 Monthly Average Ammonia Nitrogen exceeded the permit limit by 44%. 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 is unknown. The amount of money saved would include the cost of excess solids removal and additional aeration. It would also include more operating and maintenance time on site and the cost of additional chemical treatment. The amount of money saved would include the cost of collection of the additional samples and the cost of analyzing them at a certified lab. 6) Whether the violation was committed willfully or intentionally; It does not appear to be either. 7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and There have been no civil penalty enforcements in the twelve months prior to this violation. 8) The cost to the State of the enforcement procedures. $116.62 Date G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDEQ Permit Enforcement History Details by Owner C'111� -Z e�) 3/31/2017 1 Owner: Days Inn of Candler, Inc. Facility : Days Inn West WWTP Permit: NCO025933 Region : Asheville County Buncombe Penalty Remission Enf Enf EMC EMC OAH Collection Has Assessment Penalty Enforcement Request Conf Remission Hearing Remission Remission MemoSent Total Balance Pmt Case Case MR Approved Damages Received Held Amount Held Amount Amount To AGO PP Amount Costs Paid Due Plan Closed Number LV-2007-0024 7-2006 1/19/07 $250.00 $126.82 $376.82 $0.00 No 2/13/07 LV-2017-0095 9-2016 3/30/17 $250.00 $116.62 $366.62 No Total Cases: 2 Total Penalty Amount: $500 Total Enforcement Cost: $243.44 Sum Of Total Paid: $376.82 Total Balance Due: $366.62 Sum of Total Case Penalties: $743.44 Total Penalties After Remissions: $743.44 NPDES PERMIT NO.: NCO025933 FACILITY NAME: Days Inn West WWTP OWNER NAME: Days Inn of Candler, Inc. GRADE: WW-2 eDMR PERIOD: 09-2016 (September 2016) PERMIT VERSION: 4.0 RECEIVED PERMIT STATUS: Active CLASS• WW-2 COUNTY: Buncombe ORC: Kenneth Jason Rummel O C T 3 1 Z 01 G ORC CERT NUMBER: 994182 ORC HAS CHANGED: No CENTRAL VERSION: 1.0 Dffl-_2 SECTION STATUS: Processed SAMPLING LOCATION: EFFLUENT DISCHARGE NO.: 001 NO DISCHARGE*: NO 0 19 U P E F° F O � Ei O O 1z cti 50050 00010 00400 50060 C0310 C0610 C0530 31616 Weekly Weekly Weekly 2Xweek Weekly Weekly �. Weekly Weekly Instantaneous Grab Grab Grab Grab Grab Grab Grab FLOW TEMP-C pH I CHLORINE BUD -Cone NH3-N-Co c TSS - Cone FCOLIBR 2400 clock Hrs 2400 clock Hrs Y/B!N mad deg c su ug/I mg/I •mgR mg/I #/100m1 1 1145 1.08 Y 2 1345 .83 Y 3 4 5 HOLIDAY 6 1445 1.0 Y < 15 7 1 1110 1.75 Y 0.0025 25.2 16.6 < 15 2.24 0.427 9.77 < 1 8 1145 .67 Y 9 1435 .83 Y 30 11 12 1420 .92 Y < 15 13 1155 .67 Y 0.002 25.8 6.7 < 15 9.53 0.251 5.71 1 14 1135 0.5 Y 15 1045 1.0 Y - 16 0950 .83 Y 17 is 19 11415 1.33 Y < 15 20 1140 1.58 Y < l5 21 1 1125 1.92 Y - 22 1410 .83 Y 23 1140 .83 ly 0.003 125.9 6.8 31.2 13.2 6.83 < 1 24 25 26 1545 .75 Y < 15 27 1240 .50 Y 1 0.0035, 25.8 6.8 < 15 8.53 13.2 11.1 <2 28 1015 .67 Y ' 29 11440 .42 Y 30 1 1 1130 .67 Y Monthly Average Limit: 0.02 30 4.7 30 200 Monthly Average: 0.00275 25.675 0 12.875 6.7695 8.3525 1 Daily Maximum: 0.0035 25.9 6.8 0 31.2 13.2 11.1 1 Daily Minimum: 0.002 125.2 6.6 10 12.24 0.251 5.71 0 ****No Reporting Reason: ENFRUSE = No Flow-Reuse/Recycle; ENV WTHR = No Visitation -Adverse Weather; NOFLOW = No Flow; HOLIDAY = No Visitation -Holiday h �URe ®Y®� u 1s1on of Water ater Re rces _ i.� 0 0 NOV - 7 2016 C Water 0i01ty Regional Operations r;:- l:cnal Office yi NPDES PERMIT NO.: NCO025933 FACILITY NAME: Days Inn West WWTP OWNER NAME: Days Inn of Candler, Inc. GRADE: WW-2 eDMR PERIOD: 09-2016 (September 2016) COMPLIANCE: PERMIT VERSION: 4.0 CLASS: WW-2 ORC: Kenneth Jason Rummel ORC HAS CHANGED: No VERSION: 1.0 CONTACT PHONE #: 8286970063 PERMIT STATUS: Active COUNTY: Buncombe ORC CERT NUMBER: 994182 STATUS: Processed SUBMISSION DATE: 10/25/2016 10/25/2016 ORC/Certifier Signature: K NNETH JvA ON RUMMEL E-Mail:JJEMI@BELLSOUTH.NET Phone #:8286970063 Date By this signature, I certify that this report is accurate and complete to the best of my knowledge. 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. If the facility is noncompliant, please attach a list of corrective actions being taken and a time -table for improvements to be made as required by part H.E.6 of the NPDES permit. 10/25/2016 Permittee/SubinUter Signature:**O Juanita James E-Mail:jjemi@bellsouth.net Phone #:828-697-0063 Date Permittee Address: 2551 Smokey Park Hwy Candler NC 28715 Permit Expiration Date: 10/31/2020 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 managed 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. LAB NAME: James & James Environmental Management CERTIFIED LAB #: 482 PERSON(s) COLLECTING SAMPLES: Kenneth Rummel CERTIFIED LABORATORIES PARAMETER CODES Parameter Code assistance may be obtained by calling the NPDES Unit (919) 807-6300 or by visiting http://portal.ncdenr.org/web/wq/swp/ps/npdes/forms. FOOTNOTES Use only units of measurement designated in the reporting facility's NPDES permit for reporting data. * No Flow/Discharge From Site: Check this box if no discharge occurs and, as a result, there are no data to be entered for all of the parameters on the DMR for entire monitoring period. ** ORC on Site?: ORC must visit facility and document visitation of facility as required per 15A NCAC 8G .0204. *** Signature of Permittee: If signed by other than the permittee, then delegation of the signatory authority must be on file with the state per 15A NCAC 2B .0506(b)(2)(D). NPDES PERMIT NO.: NCO025933 FACILITY NAME: Days Inn West W WTP OWNER NAME: Days Inn of Candler, Inc. GRADE: WW-2 eDMR PERIOD: 09-2016 (September 2016) PERMIT VERSION: 4.0 CLASS: WW-2 ORC: Kenneth Jason Rummel ORC HAS CHANGED: No VERSION: 1.0 PERMIT STATUS: Active COUNTY: Buncombe ORC CERT NUMBER: 994182 STATUS: Processed Report Comments: On the 13th, BOD data valid; Blank was >0.20mg/L. On the 7th and 13th, BOD data valid; GGA was greater than 228.5mg/L. Your facility exceeded the permit discharge limits on the Ammonia Nitrogen for the month. This gave a daily maximum violation on two days and did give a monthly violation for the Ammonia Nitrogen. The system changed very quickly from the beginning of the month. Heavy solids gathered quickly in the clarifier and with constant scraping and wasting to the digester the ammonia nitrogen dropped out by the beginning of the month. There was a strong odor of cleaning chemicals in the equalization basin which most likely contributed to the elevated numbers. JAMES & JAMES ENVIRONMENTAL MANAGEMENT, INC PO BOX 1354, MOUNTAIN HOME, NC 28758 (828) 697-0063 OFFICE (828) 697-0065 FAX September, 2016 Client: Days Inn West NPDES PERMIT NUMBER: NCO025933 Dear Client, We are pleased to notify you that your facility operated most of the month within your National Pollutant Discharge Elimination System (NPDES) permit. We did experience a result that was greater than the permit discharge limits. Your permit has both a monthly maximum and a daily maximum. Your facility exceeded the permit discharge limits on the items listed below: AMMONIA NITROGEN 9/23 13.2 mg/1 9/27 13.2 mg/1 Monthly Average 6.76 mg/l This gave a daily maximum violation on two days and did give a monthly violation for the Ammonia Nitrogen. The system changed very quickly from the beginning of the month. Heavy solids gathered quickly in the clarifier and with constant scraping and wasting to the digester the ammonia nitrogen dropped out by the beginning of the month. There was a strong odor of cleaning chemicals in the equalization basin which most likely contributed to the elevated numbers. matter. You may receive a monetary fine for this month. Thank you for your understanding in this Thank you for choosing James & James as your service company. Juanita James MONITORING REPORT(MR) VIOLATIONS for: Report Date: 04/17/17 Page: 6 of 7 PERMIT: NCO025933 FACILITY: Days Inn of Candler, Inc. -Days Inn West WWTP COUNTY: Buncombe REGION: Asheville Limit Violation MONITORING OUTFALL/ VIOLATION UNIT OF CALCULATED % REPORT PPI LOCATION PARAMETER DATE FREQUENCY MEASURE LIMIT VALUE Over VIOLATION TYPE VIOLATION ACTION 07 -2013 001 Effluent Chlorine, Total Residual 07/17/13 2 X week ugh 28 33 17.9 Daily Maximum No Action, BPJ Exceeded 07 -2013 001 Effluent Chlorine, Total Residual 07/24/13 2 X week ugh 28 33 17.9 Daily Maximum No Action, BPJ Exceeded 07 -2013 001 Effluent Chlorine, Total Residual 07/31/13 2 X week ug/I 28 36 28.6 Daily Maximum No Action, BPJ Exceeded 08 _2013 001 Effluent Chlorine, Total Residual 08/07/13 2 X week ug/I 28 35 25 Daily Maximum No Action, BPJ Exceeded 08 -2013 001 Effluent Chlorine, Total Residual 08/08/13 2 X week ug/I 28 30 7.1 Daily Maximum No Action, BPJ Exceeded 08 -2013 001 Effluent Chlorine, Total Residual 08/22/13 2 X week ug/I 28 30 7.1 Daily Maximum No Action, BPJ Exceeded 08 -2013 001 Effluent Chlorine, Total Residual 08/28/13 2 X week ug/I 28 37 32.1 Daily Maximum No Action, BPJ Exceeded 08 _2013 001 Effluent Chlorine, Total Residual 08/29/13 2 X week ug/I 28 31 10.7 Daily Maximum No Action, BPJ Exceeded %07g amm 001 Effluent Coliform, Fecal MF, MFC 07/13/11 Weekly #/100ml 400 600 50 Daily Maximum Proceed to NOV Broth, 44.5 C Exceeded 0 2012- 001 Effluent Coliform, Fecal MF, MFC 05/07/12 Weekly #/100ml 400 830 107.5 Daily Maximum Proceed to NOV Broth, 44.5 C Exceeded I 0'B DTr- - 001 Effluent Coliform, Fecal MF, MFC 08/14/13 Weekly #/100ml 400 600 50 Daily Maximum Proceed to NOV Broth, 44.5 C Exceeded A041�-:2 ;14_-j 001 Effluent Coliform, Fecal MF, MFC 04/08/14 Weekly #/100ml 400 520 30 Daily Maximum Proceed to NOV Broth 44.5 C Exceeded 7—�— nn? --_.. _ Effrwren Nifrgen,AmconiaaTol� 7 _1/ 6 eekl.y m; 7 316 rlthiyAver LJo �CW J N) - Concentration Exceeded � �narnsnn.,.,+ti.,ia'Seo..,roe,rer N) - Concentration Exceeded EiYi1 emen Case 04 -2011 001 Effluent Solids, Total Suspended - 04/21/11 Weekly mg/I 45 46.9 4.2 Daily Maximum P 65Md ROW — Concentration Exceeded Monitoring Violation MONITORING REPORT(MR) VIOLATIONS for: Report Date: 04/17/17 Page: 7 of 7 PERMIT: NCO025933 FACILITY: Days Inn of Candler, Inc. -Days Inn West WWTP COUNTY: Buncombe REGION: Asheville MONITORING OUTFALL/ VIOLATION UNIT OF CALCULATED % REPORT PPI LOCATION PARAMETER DATE FREQUENCY MEASURE LIMIT VALUE Over VIOLATION TYPE VIOLATION ACTION 03 -2012 001 Effluent Chlorine, Total Residual 03/03/12 2 X week ug/I Frequency Violation Proceed to NOD 07 -2015 001 Effluent Chlorine, Total Residual 07/11/15 2 X week ug/I Frequency Violation Proceed to NOD 0 .iUST FICATEON FOR REMISSION REQUEST { Case Number: LV-2411-0095 Assessed Party: Days Inn. of Candler, Inc. Permit No.: NCOO25933 County: Buncombe Amount Assessed; $366.62 Please use this form when requesting remission of this civil penalty.. You most also complete the "Request For Remission, Waiver of Right to an Administrative Flearing, and Stipulation ofFacts" 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 ag 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 maybe granted only when one or more of the following five factors apply. Please check each factor that you believe applies to your case and provide a detailed explanation, including copies of supporting documents, as to why the factor applies (attach additional pages as needed). _ (a) one or more of the civil penalty assessment factors in N.C.G.S. 14313-282.1(b) were wrongfully applied to the detriment of the petitioner. (the assessment, factors are listed inl the civil penalty assessment docim7ent), (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 occu rences), (c) the violation was inadvertent or a result of an accident (i, e., explain why the violation ivas unavoidable or something you could not prevent or prepare for); j (d) the violator had not been assessed civil. penalties for any previous violations, (e) payment of the civil penalty wilt 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). i EXPLANATION: �r Certified Mail # 7015 1520 0003 5463 2176 Return Receipt Requested March 30, 2017 Deborah Harrell, President Days Inn of Candler, Inc. 1872-A Montreal Rd Tucker, GA 30084-5709 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 WW Permit No. NCO025933 Days Inn of Candler, Inc. Days Inn West WWTP Case No. LV-2017-0095 Buncombe County Dear Permittee: .,,- . This.Jetter,trapsmits a,Votice of Violation and assessment of civil_penalty_in the amqunt of $366.62 ($250.00 civil -penalty,+ ,_ . - -- -- - - $116.62 enforcement posts) against Days Inn of Candler, Inc.. This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report (DMR) submitted by Days Inn of Candler, Inc. for the month of September 2016. This review has shown the subject facility to be in violation of the discharge limitations and/or monitoring requirements found in NPDES WW Permit No. NC0025933. The violations, which occurred in September 2016, are summarized in Attachment A to this letter: Based upon the above facts, I conclude as a matter of law that Days Inn of Candler, Inc. violated the terms, conditions or requirements of NPDES WW Permit No. NCO025933 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 Environmental Quality and the Director of the Division of Water Resources, I, G. Landon Davidson, P.G., Regional Supervisor, Asheville Regional Office hereby make the following civil penalty assessment against Days Inn of Candler, Inc.: State of North Carolina I Environmental Quality I Water Resources 2090 U.S. 70 Highway, Swannanoa, NC 28778 828-296-4500 $250.00 1 of the 1 violations of 143-215.1(a)(6) and Permit No.NC0025933, by discharging wastewater into the waters of the State in violation of the Permit Monthly Average for NH3-N - Conc. $250.00 TOTAL CIVIL PENALTY $116.62 Enforcement Costs $366.62 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 (30) days of receipt of this notice, you must do one of the following: (1) Submit payment of the penalty, OR (2) Submit a written request for remission, OR (3) Submit a written request for an administrative hearing Option 1: Submit payment of the penalty: Payment shouid-be. _nfade:elirecttly:to the order of the Department of Environmental Quality (do no[` inelude 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: Wastewater Branch Division of Water Resources 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Option 2: Submit a written request for remission or mitigation including a detailed justification for such request: Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Because a remission request forecloses the option of an administrative hearing, such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation and agreement that no factual or legal issues are in dispute. Please prepare a detailed statement that establishes why you believe the civil penalty should be remitted, and submit it to the Division of Water Resources at the address listed below. In determining whether a remission request will be approved, the following factors shall be considered: (1) whether one or more of the civil penalty assessment factors in NCGS 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 Water Resources will review your evidence and inform you of his decision in the matter of your remission request. The response will provide details regarding the case status, directions for payment, and provision for further appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty Remissions (Committee). Please be advised that the Committee cannot consider information that was not part of the original remission request considered by the Director. Therefore, it is very important that you prepare a complete and thorough statement in support of your request for remission. In order to request remission, you must complete and submit the enclosed "Request for Remission of Civil Penalties, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form within thirty Q 0) days of receipt of this notice. The Division of Water Resources also requests that you complete and submit the enclosed "Justification for Remission Request." Both forms should be submitted to the following address: Wastewater Branch Division of Water Resources 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Option 3: File a petition for an administrative hearinlz with the Office of Administrative Hearings: If you wish to contest any statement in the attached assessment document you must file a petition for an administrative hearing. You may obtain the petition form from the Office of Administrative Hearings. You must file the petition with the Office of Administrative Hearings within thirty (30) days of receipt of this notice. A petition is considered filed when it is received in the Office of Administrative Hearings during normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for official state holidays. The petition may be filed by facsimile (fax) or electronic mail by an attached file (with restrictions) - provided the signed original, one (1) copy and a filing fee (if a filing fee is required by NCGS §150B-23.2) is received in the Office of Administrative Hearings within seven (7) business days following the faxed or electronic transmission. You should contact the Office of Administrative Hearings with all questions regarding the filing fee and/or the details of the filing process. The mailing address and telephone and fax numbers for the Office of Administrative Hearings are as follows: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 Tel: (919) 733-2698 Fax: (919) 733-3478 One (1) copy of the petition must also be served on DEQ as follows: Mr. William F. Lane, General Counsel Department of Environmental Quality 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"stairip (not=a postniark)will resultin this matter being referred to the`Attorriey general`s Office fore 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 with the Division of Water Resources staff of the Asheville Regional Office at (828) 296-4667 or via email atjanet.cantwell@ncdenr.gov. Sincerely, G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDEQ ATTACHMENTS Cc: WQS Asheville Regional Office - Enforcement File NPDES Compliance/Enforcement Unit - Enforcement File James & James Environmental/ ORC G:\R'R\NV('',,,BunwmbeiWastewater'•.\linos\Days Inn West 259)3`f.V-2017-0095.vf JUSTIFICATION FOR REMISSION REQUEST Case Number: LV-2017-0095 Assessed Party: Days Inn of Candler, Inc. Permit No.: NC0025933 County: Buncombe Amount Assessed: $366.62 Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form to request remission of this civil penalty. You should attach any documents that you believe support your request and are necessary for the Director to consider in evaluating your request for remission. Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 143B-282. 1 (c), remission of a civil penalty may be granted only when one or more of the following five factors apply. Please check each factor that you believe applies to your case and provide a detailed explanation, including copies of supporting documents, as to why the factor applies (attach additional pages as needed). (a) one or more of the civil penalty assessment factors in N.C.G.S. 143B-282.1(b) were wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil penalty assessment document); (b) the violator promptly abated continuing environmental damage resulting from the violation (i.e., explain the steps that you took to correct the violation and prevent future occurrences); (c) the violation was inadvertent or a result of an accident (i.e., explain why the violation was unavoidable or something you could not prevent or prepare for); (d) the violator had not been assessed civil penalties for any previous violations; (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions (i.e., explain how payment of the civil penalty will prevent you from performing the activities necessary to achieve compliance). EXPLANATION: STATE OF NORTH CAROLINA COUNTY OF BUNCOMBE IN THE MATTER OF ASSESSMENT OF CIVIL PENALTIES AGAINST Days Inn of Candler, Inc. Days Inn West WWTP PERMIT NO. NCO025933 DEPARTMENT OF ENVIRONMENTAL QUALITY WAIVER OF RIGHT TO AN ADMINISTRATIVE HEARING AND STIE ULATION OF FACTS CASE NO. LV-2017-0095 Having been assessed civil penalties totaling $366.62 for violation(s) as set forth in the assessment document of the Division of Water Resources dated March 30, 2017, the undersigned, desiring to seek remission of the civil penalty, does hereby waive the right to an administrative hearing in the above -stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the Director of the Division of Water Resources within thirty (30) days of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after (30) days from the receipt of the notice of assessment. This the day of ADDRESS TELEPHONE SIGNATURE 20 ATTACHMENT A Days Inn of Candler, Inc. CASE NUMBER: LV-2017-0095 PERMIT: NCO025933 REGION: Asheville FACILITY: Days Inn West WWTP COUNTY: Buncombe LIMIT VIOLATION(S) SAMPLE LOCATION: Outfall 001 - Effluent Violation Report Unit of Limit Calculated % Over Violation Penalty Date MonthNr Parameter Frequency Measure Value Value Limit Type Amount 9/30/2016 9-2016 Nitrogen, Ammonia Weekly mg/I 4.70 6.80 44.0 Monthly $250.00 Total (as N) - Average Concentration Exceeded NPDES PERMIT NO.: NCO025933 FACILITY NAME: Days Inn West WWTP OWNER NAME: Days Inn of Candler, Inc. GRADE: WW-2 eDMR PERIOD: 09-2016 (September 2016) PERMIT VERSION: 4.0 a. per; PERMIT STATUS: Active CLASS: W W-2- ss COUNTY: Buncombe ORC: Kenneth Jason Rummel U C T J 1 Z 016 ORC CERT NUMBER: 994182 ORC HAS CHANGED: No (JNT`SLL` VERSION: 1.0 D`Offi SECTION STATUS: Processed SAMPLING LOCATION: EFFLUENT DISCHARGE NO.: 001 NO DISCHARGE*: NO A a e Ew U F (-• °r F H n � d O c O F w O in V O : a w z° cti 50050 00010 00400 50060 C0310 C0610 C0530 ' 31616 Weekly Weekly Weekly 2Xweek (J Weekly :y Weekly Weekly Weekly Instantaneous Grab Grab Grab Grab Grab Grab Grab FLOW TEMP-C pH CHLORINE BOD-Cone '. NH3-N-Co c TSS-Cone FCOLIBR 2400 clock I Hrs 2400 clock I Hrs Y/B/N I mgd deg c so ug/l mg/l ) •mg/1 mg/I #/10oml 1 1145 1.08 Y 2 1345 .83 Y 3 4 5 HOLIDAY 6 1445 1.0 1 Y < 15 7 1110 .75 1 Y 0.0025 25.2 16.6 < 15 2.24 10.427 9.77 < 1 8 1145 .67 Y 9 1435 .83 Y 10 11 12 1420 .92 Y < 15 13 1155 .67 Y 0.002 25.8 6.7 < 15 9.53 0.251 5.71 1 14 11135 0.5 Y 15 1045 1.0 Y 16 0950 .83 Y 17 .18- 19 1415 11.33 Y < 15 20 1140 1.58 Y < 15 21 1125 1.92 Y 22 1410 .83 Y 23 1140 .83 Y 0.003 25.9 6.8 31.2 13.2 6.83 < 1 24 25 26 1545 .75 Y < 15 27 1240 .50 Y 0.0035 25.8 6.8 <15 8.53 113.2 11.1 <2 28 1015 .67 Y ' 29 1440 .42 Y 30 1130 1.67 Y Monthly Average Limit: 0.02 1 130 4.7 130 200 Monthly Average: 0.00275 25.675 0 12.875 % 6.7695 8.3525 1 Daily Maximum: 0.0035 25.9 6.8 0 31.2 13.2 11.1 1 Daily Minimum: 0.002 25.2 6.6 0 2.24 0.251 5.71 0 ****No Reporting Reason: ENFRUSE =No Flow-Reuse/Recycle; ENVWTHR=No Visitation -Adverse Weather; NOFLOW=No Flow; HOLIDAY=NoVisitation-Holiday RECEIVED�/�� lsion of YVater Re rce:§� t�,cv-72016 / Water Ot1a?iN ROdOnal OperationsOffice 1 LV- ?o/q-alb /V NPDES PERMIT NO.: NCO025933 FACILITY NAME: Days Inn West WWTP OWNER NAME: Days Inn of Candler, Inc. GRADE: WW-2 eDMR PERIOD: 09-2016 (September 2016) COMPLIANCE: PERMIT VERSION: 4.0 CLASS: WW-2 ORC: Kenneth Jason Rummel ORC HAS CHANGED: No VERSION: 1.0 CONTACT PHONE #: 8286970063 PERMIT STATUS: Active COUNTY: Buncombe ORC CERT NUMBER: 994182 STATUS: Processed SUBMISSION DATE: 10/25/2016 y 10/25/2016 ORC/Certifier Signature: K NNETH JA ON RUMMEL E-Mail:JJEMI@BELLSOUTH.NET Phone #:8286970063 Date By this signature, I certify that this report is accurate and complete to the best of my knowledge. 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. If the facility is noncompliant, please attach a list of corrective actions being taken and a time -table for improvements to be made as required by part H.E.6 of the NPDES permit. 10/25/2016 Permittee/SubrriUter Signature:**O Juanita James E-Mail:jjemi@bellsouth.net Phone #:828-697-0063 Date Permittee Address: 2551 Smokey Park Hwy Candler NC 28715 Permit Expiration Date: 10/31/2020 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 managed 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. LAB NAME: James & James Environmental Management CERTIFIED LAB #: 482 PERSON(s) COLLECTING SAMPLES: Kenneth Rummel CERTIFIED LABORATORIES PARAMETER CODES Parameter Code assistance may be obtained by calling the NPDES Unit (919) 807-6300 or by visiting http://portal.ncdenr.org/web/wq/swp/ps/npdes/forms. FOOTNOTES Use only units of measurement designated in the reporting facility's NPDES permit for reporting data. * No Flow/Discharge From Site: Check this box if no discharge occurs and, as a result, there are no data to be entered for all of the parameters on the DMR for entire monitoring period. ** ORC on Site?: ORC must visit facility and document visitation of facility as required per 15A NCAC 8G .0204. *** Signature of Permittee: If signed by other than the permittee, then delegation of the signatory authority must be on file with the state per 15A NCAC 2B .0506(b)(2)(D). NPDES PERMIT NO.: NCO025933 FACILITY NAME: Days Inn West WWTP OWNER NAME: Days Inn of Candler, Inc. GRADE: WW-2 eDMR PERIOD: 09-2016 (September 2016) Report Comments: PERMIT VERSION: 4.0 CLASS: WW-2 ORC: Kenneth Jason Rummel ORC HAS CHANGED: No VERSION: 1.0 PERMIT STATUS: Active COUNT': Buncombe ORC CERT NUMBER: 994182 STATUS: Processed On the 13th, BOD data valid; Blank was >0.20mg/L. On the 7th and 13th, BOD data valid; GGA was greater than 228.5mg/L. Your facility exceeded the permit discharge limits on the Ammonia Nitrogen for the month. This gave a daily maximum violation on two days and did give a monthly violation for the Ammonia Nitrogen. The system changed very quickly from the beginning of the month. Heavy solids gathered quickly in the clarifier and with constant scraping and wasting to the digester the ammonia nitrogen dropped out by the beginning of the month. There was a strong odor of cleaning chemicals in the equalization basin which most likely contributed to the elevated numbers. PO BOX 1354, MOUNTAIN HOME, NC 28758 \fir697-0065 FAX September, 2016 Client: Days Inn West NPDES PERMIT NUMBER: NC0025933 Dear Client, We are pleased to notify you that your facility operated most of the month within your National Pollutant Discharge Elimination System (NPDES) permit. We did experience a result that was greater than the permit discharge limits. Your permit has both a monthly maximum and a daily maximum. Your facility exceeded the permit discharge limits on the items listed below: AMMONIA NITROGEN 9/23 13.2 mg/1 9/27 13.2 mg/1 Monthly Average 6.76 mg/l This gave a daily maximum violation on two days and did give a monthly violation for the Ammonia Nitrogen. The system changed very quickly from the beginning of the month. Heavy solids gathered quickly in the clarifier and with constant scraping and wasting to the digester the ammonia nitrogen dropped out by the beginning of the month. There was a strong odor of cleaning chemicals in the equalization basin which most likely contributed to the elevated numbers. matter. You may receive a monetary fine for this month. Thank you for your understanding in this Thank you for choosing James & James as your service company. Juanita James Permit Enforcement History Details by Owner Owner: Days Inn of Candler, Inc. Facility : Days Inn West WWTP Permit: NCO025933 Region : Asheville County Buncombe Penalty Remission Enf Enf EMC EMC OAH Collection Assessment Penalty Enforcement Request Conf Remission Hearing Remission Remission MemoSent Total Case MR Approved PP Damages Received Held Amount Held Amount Amount To AGO Amount Costs Paid Number 3/31 /2017 1 Has Balance Pmt Case Due Plan Closed LV-2007-0024 7-2006 1/19/07 $250.00 $126.82 $376.82 $0.00 No 2/13/07 LV-2017-0095 9-2016 3/30/17 $250.00 $116.62 $366.62 No Total Cases: 2 Total Penalty Amount: $500. Total Enforcement Cost: $243.44 Sum Of Total Paid: $376.82 Total Balance Due: $366.62 Sum of Total Case Penalties: $743.44 Total Penalties After Remissions: $743.44 DIVISION OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT (File) Violator: Days Inn of Candler, Inc. Facility Name: Days Inn West WWTP Permit Number: NCO025933 County: Buncombe Case Number: LV-2017-0095 ASSESSMENT FACTORS 1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation; 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 Monthly Average Ammonia Nitrogen exceeded the permit limit by 44%. 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 is unknown. The amount of money saved would include the cost of excess solids removal and additional aeration. It would also include more operating and maintenance time on site and the cost of additional chemical treatment. The amount of money saved would include the cost of collection of the additional samples and the cost of analyzing them at a certified lab. 6) Whether the violation was committed willfully or intentionally; It does -not appear to be either. 7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and There have been no civil penalty enforcements in the twelve months prior to this violation. 8) The cost to the State of the enforcement procedures. $116.62 Date G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDEQ Ad- aweq. A Add I move jl> OT 7- fgftjatpo�n -fr�fl n I D" bd k e fib? $i alm '&C 4, iw T77 �7 F�,�aii ance ,.Help 1 UrnitViolation- found lReady, IS] D. VLLF Certified Mail # 7015 1520 0003 5463 1582 Return Receipt Requested January 24, 2017 Deborah Harrell, President Days Inn of Candler, Inc. 1872-A Montreal Rd Tucker, GA 30084-5709 SUBJECT: NOTICE OF VIOLATION &INTENT TO ASSESS CIVIL PENALTY Tracking Number: NOV-2017-LV-0056 Permit No. NCO025933 Days Inn West WWTP Buncombe County Dear Permittee: A review of the September 2016 Discharge Monitoring Report (DMR) for the subject facility revealed the violation(s) indicated below: Limit Exceedance Violation(s): Sample Limit Reported Location Parameter Date Value Value Type of Violation 001 Effluent Nitrogen, Ammonia Total (as 9/30/2016. 4.7 6.77 Monthly Average Exceeded N) - Concentration (C0610) A Notice of Violation/Intent to Issue Civil Penalty is being issued for the noted violation of North Carolina General Statute (G.S.) 143-215.1 and the facility's NPDES Permit. 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) business days after receipt of this Notice. A review of your response will be considered along with any information provided on the submitted Discharge Monitoring Report(s). 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. State of North Carolina I Environmental Quality I Water Resources 2090 U.S. 70 Highway, Swannanoa, NC 28778 828-296-4500 Remedial actions should have already been taken to correct this problem and prevent further occurrences in the future. The Division of Water Resources may pursue enforcement action for this and any additional violations of State law. Reminder: Pursuant to Permit Condition 6 in Section E, the Permittee is required to verbally notify the Regional Office as soon as possible, not to exceed 24 hours, from first knowledge of any non-compliance at the facility including limit violations, bypasses of, or failure of a treatment unit. A written report may be required within 5 days if directed by Division staff. Prior notice should be given for anticipated or potential problems due to planned maintenance activities, taking units off-line, etc. If you have any questions concerning this matter, 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 NPDES Compliance/Enforcement Unit - Enforcement File James & James Environmental/ ORC G:\WR\WQ\Buncombe\Wastewater\Minors\Days Inn West 25933\N0V-N0I-2017-LV-0056.rtf Rt)Y Zol fPER' 5 ,JAy ZI�II�RMAI�>: ENit1RC11iAlENTkL``QUALf�Y' - Certified Mail # 7015 1520 0003 5463 1582 Return Receipt Requested January 24, 2017 Deborah Harrell, President Days Inn of Candler, Inc. 1872-A Montreal Rd Tucker, GA 30084-5709 SUBJECT: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY Tracking Number: NOV-2017-LV-0056 Permit No. NCO025933 Days Inn West WWTP Buncombe County Dear Permittee: A review of the September 2016 Discharge Monitoring Report (DMR) for the subject facility revealed the violation(s) indicated below: Limit Exceedance Violation(s): Sample Limit Reported Location Parameter Date Value Value Type of Violation 001 Effluent Nitrogen, Ammonia Total (as 9/30/2016 4.7 6.77 Monthly Average Exceeded N) - Concentration (C0610) A Notice of Violation/Intent to Issue Civil Penalty is being issued for the noted violation of North Carolina General Statute (G.S.) 143-215.1 and the facility's NPDES Permit. 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) businessdays after receipt of this Notice. A review of your response will be considered along with any information provided on the submitted Discharge Monitoring Report(s). 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. State of North Carolina I Environmental Quality I Water Resources 2090 U.S. 70 Highway, Swannanoa, NC 28778 828-296-4500 Remedial actions should have already been taken to correct this problem and prevent further occurrences in the future. The Division of Water Resources may pursue enforcement action for this and any additional violations of State law. Reminder: Pursuant to Permit Condition 6 in Section E, the Permittee is required to verbally notify the Regional Office as soon as possible, not to exceed 24 hours, from first knowledge of any non-compliance at the facility including limit violations, bypasses of, or failure of a treatment unit. A written report may be required within 5 days if directed by Division staff. Prior notice should be given for anticipated or potential problems due to planned maintenance activities, taking units off-line, etc. If you have any questions concerning this matter, 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 Cc: WQS Asheville Regional Office - Enforcement File NPDES Compliance/Enforcement Unit - Enforcement File James & James Environmental/ ORC G:\WR\4VQ\Buncombe\Wastewater\Minors\Days Inn West 25933\N0V-N0I-2017-LV-0056.rtf Central Files: APS SWP 09/01/09 Permit Number WQCSD0424 Permit Tracking Slip Program Category Status Project Type Non -discharge Active New Project Permit Type Version Permit Classification Deemed permitted collection system management and operation 1.00 Individual Primary Reviewer Permit Contact Affiliation wanda.frazier Coastal SW Rule Permitted Flow Facili Facility Name Major/Minor Region Days Inn West WWTP Minor Asheville Location Address County 2551 Smokey Park Hwy Buncombe Candler NC 28715 Facility Contact Affiliation Owner Owner Name Owner Type Days Inn of Candler, Inc. Non -Government Owner Affiliation Deborah Harrell President 2551 Smokey Park Hwy Candler NC 28715 Dates/Events Scheduled Orig Issue App Received Draft Initiated Issuance Public Notice Issue Effective Expiration 12/19/08 12/19/08 12/19/08 12/19/08 Regulated Activities Lodging/campground/rest area Outfall NULL Waterbody Name Stream Index Number Current Class Subbasin Michael F. Easley, Governor •3�• mr'�F ? William G. Ross Jr., Secretary 11111amSard'Ema,04artment of Environment and Natural Resources Coleen H. Sullins, Director Division of Water Quality SURFACE WATER PROTECTION SECTION September 5, 2007 Mr. Harrell Days Inn of Candler, Inc. 2551 Smokey Park Hwy Candler, NC 28715 SUBJECT: Wastewater Collection System Owner & Operator Requirements Days Inn West WWTP NCO025933 Buncombe County Dear Mr. Harrell: I would like to take this opportunity to discuss the requirements for sewerage collection systems that were first established in 15 NCAC .02H .0200 in March 2000 and are now found in 15 NCAC 2T .0403, Waste Not Discharged to Surface Waters, which became effective September 1, 2006. These Regulations place significant operation, maintenance and reporting requirements on those entities that own or operate a wastewater collection system with average daily flows of less than 200,000 gallons per day. These regulations are applicable to your facility. This letter is provided as guidance to assist you in complying with the new reporting and operations and maintenance (O&M) requirements and to advise you that you are subject to system review, inspections and possible enforcement, if the system is not in compliance with the regulation. For your convenience and easy reference, a highlight of these requirements and the following guidance are offered (see enclosed). You may find the regulations using the following web site: http://h2o.enr.state.nc.us/peres/Collection%20Systems/CoIiection Systems Home. htmI The Asheville Regional Office will be increasing the level of oversight, compliance activities and enforcement relating to collections systems, therefore, we wanted to be sure you are aware of the requirements for these systems. We will be performing NPDES Wastewater Collection System inspections sometime in the near future. One NorthCarohna 'Vaturallry North Carolina Division of Water Quality 2090 US Hwy 70; Swannanoa, NC 28778 Phone (828) 296-4500 Internet: www..ncwaterquality.org Customer Service 1-877-623-6748 FAX (828) 299-7043 An Equal Opportunity/Affirmative Action Employer — 50% Recycled/10% Post Consumer Paper September 5, 2007 Page 2 of 2 If this Office has not previously inspected your wastewater collection system and records of same, you should be prepared to demonstrate compliance with all criteria listed above. Enclosed is an inspection form that you can use to assemble your records prior to an inspection by the staff of this Office. This Office has a Wastewater Treatment Plant Consultant on staff to offer assistance to you in complying with the requirements of these regulations. Should you have questions or need additional information regarding this issue, please contact Don Price at (828) 296-4500. Should you have any other questions concerning this correspondence or the requirements relating to collection systems, please contact Roy Davis or Keith Haynes at 828- 296-4500. Sincerely, Roger C. Edwards, Supervisor Surface Water Protection Section cc: Deborah Gore - PERCS Unit - w/out enclosures.. Mlle_Reg=ional`'Offi'ce facility file= w/out enclosures DWQ - SWPS - Central Office Files - w/out enclosures -an co L- 117 r%- M -I- E3 M :I A. SigptL P*10ele items 1, 2, and 3. Also complete if Restricted Delivery is desired r y Ur name and address on the reverse so that we can return the card to North Carolina Department Environment and Natural Resourc Division of Water Qual Surface Water Protection Secti � I NCDENR 2090 U.S. Highway 70, Swannanoa, NC 287 DEBORAH HARRELL, PRESIDENT DAYS INN OF CANDLER INC 2551 SMOKEY PARK HIGHWAY CANDLER, NC 28715 9 Agent Addressee !ed Name) C. I Date6 D I*Lv-qry \ X ——61" k - differentfrom item ? []Yes )ry address below: 0 No 3. Service Type rtified alItress I all,gE3 RgisteeMdt m RMece pt fo dise M Insured MaaUD. r 15- 1/ 4. Restricted Delivery? (Extra Fee) 13 Ye's o i i 7 d1l 7 i il 4 J000114 7196''8716" 1 Ell- =" PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1 54 VAFWF W -WW-0'-t0-- � -:4 . 4 - ------- L-a L3 C-4 UNITED STATErS�t#3 _ F tt.,.• St-�.•sIS.11�F i µi�ostag& Fiw • Sender: Please print Certified Mail Provides: ■ A mailing receipt ■ A unique identifier for your mailpiece ■ A record of delivery kept by the Postal Service for two years Important Reminders: i ■ Certified Mail may ONLY be combined with First -Class Mail® or Priority Mail®. 21 ■ Certified Mail is not available for any class of international mail. sl ■ NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. For valuables, please consider Insured or Registered Mail. ■ For an additional fee, a Return Receipt ma be requested to provide proof of Receipt (Pobtain rm 3Return 11 j to the partarticle and ice add apease plicable complete attach covertthe fee. Endorse mailpiece "Return Receipt Requested". To receive a fee waiver for required to return receipt, a USPS® postmark on your Certified Mail receipt is ^ w ! t I t ! t4 ! i 4 !!t 11 ■ For an additional fee, delivery may be restricted to the addressee or t addressee's authorized agent. Advise the clerk or mark the ma Piece with 4he endorsement 'Restricted Delivery° ■ 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 Certified Mail receipt is not needed, detach and affix label with postage and mail. IMPORTANT. Save this receipt and nrpcpnt SECTION;HMO COMPLETE THIS ON DELIVERY r^mplete items 1, 2, and 3. Also complete A. Signature if Restricted Delivery is desired. ❑ Agent • ,:_—)our name and address on the reverse X ❑ Addressee so that we can return the card to you. _q—RPrp;,, -v,_Za kited Name) C. Date of Delivery North Carolina :De; of� . Environment and Natural Resources s different from Rem 17 11 Yes rv� 1�r IDivision of Water Quality ery address below: [INo o ' gSur y 7 Water Protection Section NCDENR 2090 U.S. Highway 0, wannanoa, NC 28778 n x - DEBORAH HARRELL, PRESIDENT' DAYS INN OF CANDLER INC 2551 SMOKEY PARK HIGHWAY CANDLER, NC 28715 345:0 00.02 7064 8730 i4c o o r')5 T33 3. fece Type Certified MailrR. press Mail egistered tumReceipt for Merchandise ❑ Insured Mail 10 O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 1 1 , February'2004 i I [ ' ' IDomostie Return Receipt _ �.t�:. v tmpo�nt Reminders:Y the postal Service for tw�'1 UNITED STATES P 51L E �J E . ■ Certified Years ■ Mail may ONLY Certified Mail is n be combined a�a Is tavailable for any class of i emwith lass M ational U�, or Prjoryt), Mail 2 �." ., tiles, please COVERAGE IS mail. •,•••sJ s Fob consider Insured PROVIDED b I del' ery. To obta n itional fee' a Return Re or Re istered Mw. Mail. For g Certified '--Sender: Plea rint 0 Receipt (PS F Retum Re ceiptin ybe re P Y fee. Endorse °fm 3811) tot a IPt service Please quested to rovide uti' I a duplicate r turnMairece °Retu article and add cOMPlete anT Proof of FOqujrnd, return receipt, a USP, ei SRequeste Plicable postageao CoverRtum �7 addre additional fee mark and ' To to a fee the r endorserei�ent uthorized a delivery may be Your Certified Mati ea�ee�� is — u' -u- — • If a Post Hestnct, a Advise th restricted pis or cleat theark on the Certified a clerk or Mark to the add o recei Post office for Mall re k the mailpieca ssee °f h , tMP pt is not needed, def a�°shnarkin e1Pt is desire p With the _ es Pon, Save thf hand affixlabel with stma�k o� srheresent the aril- ml ssoo, A„gustzoos iye celPt and present It Postage and a 1. ified Maii 1 Psnf 7ssaoz 000-9047 hen making an inquiry. ■ Complete items 1, 2, and 3. Also complete I 4 if Restricted Delivery is desired. ■ our name and address on the reverse so at 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 toLn r.9 r� rt.l M O E3 ■ 2. Article Number ' i' I' I i I I i i i i ! s p f (Transfer from servlce lab �1I I I I 10 I I F I I , Qi6 A. Signature X -,)A . ❑ Agent B. Recelved ld� (Printed Name) C. Date of Deliver) D. Is delivery address different from item 1? ❑ Yes If YES, enter delivery address below: ❑ No 3 Service Type �ertifled Mail ❑ Express Mail Registered ,,.MRetum Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ y$s„ 345Q dbU2 7064 11526 -i- PS Form 3811, February 2004 Domestic Return Receipt m. 3 Sent To M;. DeLHarrell,Psa-iant' .--------------___________Day:: 0 C Street, Apt. No.;or iI-,- Po Box No. 1. ------------------------ City Stete, ZIP+ 3 h1.;r.•rwar` F yf'5 102595-02-M-154 LIWED STATi=S PoSTA�S vice__ E ,X k. • Sender; Please print your name, address, and ZIP+4 in this box • lei (�r�I Surtu�!(; 2090 U. Swa.ina "RIM1111MI Certified Mail Provides: _ ■ A mailing receipt ■ A unique identifier for your mailpiece ■ A record of delivery kept by the Postal Service for two years Important Reminders: ■ 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. For valuables, please consider Insured or Registered Mail. ■ For an additional fee, a Return Receipt may be requested to provide proof of delivery. To obtain Return Receipt service, please complete and attach a Return fee. EndorsePS Form inailp ecei �Retum Receipt Requested'. to the article and add 1. Tobreceiveaa fee waver for a duplicate return receipt, a USPS9 postmark on your Certified Mail receipt is required. ■ For an additional fee, delivery may be restricted to the addressee or addressee's authorized agent. Advise the clerk or mark the mailpiece with the endorsement Restricted9 eiivery'. ■ 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 Certified Mail 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 R1 0 0 (En Weteitems 1, 2, and 3. Also complete A. Signature if Restricted Delivery isdesired.Xour name and address on the reverse so that we can return the card to you. B. Received by (P ntec North Carolina Department of 1� � •Pi Environment and Natural Resources ,_...._�2090 U.S. Highway 70, Swannanoa, Nc 28778 NCDENR DEBORAH HARRELL, PRESIDENT DAYS,4NN OF CANDLER INC ,2551 SMOKEY PARK HIGHWAY CANDLER, NC 28715 =3 (En � ;I_- - 7006 3450 0002 7064 2080 ❑ Agent [I Addressee Name) C. Date of Delivery from ftem ti? ❑ Yes iss below: ❑ No 3. S ice Type ertified Mail ❑ press Mail ElRegistered - etum Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ . ---I A(vU PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1541 J Sen!! Street, Apt 1 1r Z W ____________ BOxA O (n C) I UNITED STATES POSTAL SERVICE First -Class Mail Postage & Fees Paid USPS Permit No. G-1 • Sender: Please print your name-nfIr+ro-n__,-,4_'71M_._R-_--- -- — Certified Mail Provides: ■ A mailing receipt ■ A unique identifier for your mailpiece ■ A record of delivery kept by the Postal Service for two years ,rE Important Reminders: 2,�( ■ Certified Mail may ONLY be combined with First -Class Malls or Priority Maila ■ Certified Mail is not available for any class of international mail. I in NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. Foi valuables, please consider insured or Registered Mail. ■ For an additional fee, a Return Receipt ma be requested to provide proof of pl delivery. To obtain Return Receipt service, ease complete and attach a Retum Receipt (PS Form 3811) to the article and add applicable postage to cover the fee. Endorse mailpiece "Return Receipt Requested". To receive a feE waiver for 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 of addressee's authorized agent. Advise the clerk or mark the mailpiece with the endorsement "Restricted act. ■ If a postmark on the Certified Mail receipt Is desired, please present the arti• cleat the post office for postmarking. If a postmark on the Certified Mai ' receipt is not needed, detach and affix label with postage and mail. IMPORTANT: Save this receipt an + r• •"�-' 0NvunsN1 ON ■ ssep Aug jol alQeyene;ou s! 1IeW pal;llia7 ■ WOUd ao M01sselO-3sj!d 41•!M peulgwoo eq KIND AM I1eW palplJ93 ■ ;6japu;way7uelioduq SECTIONSENDER COMPLETE THIS •MPLETE THIS SECTION ON DELIVERY lE ■ Complete items 1, 2, and 3. Also complete A. nature item 4 if Restricted Delivery is desired. X % ❑ Agent ■ Print your name and address on the reverse ,. ❑ Addressee so that we can return the card to you. B. d�y [PnnIie� dame) C. Date of Deliver) r_n __ m �_Af4anh+hic_card 4n+hc_har_Ir_nf+hn mailnio____ _ "1 /Yrl���� North Carolina Department of� 1, • . Environment and Natural Resources :rent from item f? ❑Yes f �f 2090 U.S. Highway 7 ,_fig nnanoa, Nc 28778 Iddress below: ❑ No NCDENR j DEBORAH HARRELL, PRESIDENT; DAYS INN OF CANDLER INC 3. ke IceTypeertifiedMail press Mail 2551 SMOKEY PARK HIGHWAY egistered Return Receipt for Merchandise CANDLER, NC 28715 ❑ Insured Mai! C.O.D. .Restricted Delivery? re Fee ❑ 34'S �'CL� 7�`64; 1601`E PS Form 3811. February 2004 Domestic Return Receipt 102595-02-M-154 UNITED 27 OCT • Sender: Please pri F18 Fcr an ease Aeliv rY odob nal fee, nsr,g, tns� a /S pR0 aee. E doPS For. Retum9ef��n Red cr Re8/stt �FD with RWrOW ail. du se 3811 Rece/ cei f ed l y CQ re9u/relrcate remailp)ece J to the Ptserv� ma be ail. nifiea �addrend,ean additionqu Or al recerPRa UetuSp�ep �d a ca/Se c este an rovideMail. For. l ' if a P rsemeeesnr o t °rig a delive Postmark on d^ . e Posta9al rch roof of ] 7 at m ark Rest ao, Ald Y be Your rt H e e� co the e, m nCr Dent. ma CB a fW. ver iMP cejPt js not office enified verse the �k o i d to to ed Mail Ptfrsr C/e Cte Ps F �RTgIV, coded, detach matt reaelpt maprk them addres 3800see , Abe ad o06 Bee eipl anQ17(d Pik label p� I stk t e ie p �s d ftired'se'pce w t the JpSN'�0.0,- a4 hen ��� �� ma l.. �fe�eaa' - an rn9uiry, owo-svvP y JAN�iY CA N(;CiENR- n90 U.S. NI SWANNANO HIGHWAY ■ plete itwms 1, 2, and 3. Also complete A. Sign 4 if Restricted Delivery is desired. �YZ_�<Agent ■ Pnnt your name and address on the reverse resse( so that we can return the card to you. B. Received by (Printed Name) Fof Deliver) ■ Attach this card tc the back of the mailDiece, _ or ,� North Carolina Departme •nt�fi � j .% Environment and Natural Resources t from item 1?_ ,Yes r 1' �Artl� �� �� 2090 U.S. Highway 70, Swannanoa, Ncj8778 a ess below: —❑ No ti t NCDENR rn I`�O L ` t&e r DIsBORAH HARRELL, PRESIDENDAYS INN OF CANDLER INC ype 2200 NORTHLAKE PARKWAYed Mail ❑ ress Maili- ered Return Receipt for,Mbrc ise (Endoi =SUITE 277 d Mai o.D� �; ' TUCKER GA 30084 dDelivery? (ETotal :: : `.:: ;•: .. i - ; 70D*5, 1;.8L4 �Od�2 �2�7 `3970 0 sent n PS Form'3811', February 2004 'Domestic Return Receipt 102595-02-M-154 UNITED. ST,RTgl -F.9STRL SERVJ , ft -- ..y,... f'.Yo.•L .1 ml'•�.'1 i.�n' ...�;. ..P:h.r,�q �;fy , # • Sender: Please print your n,F . t_ t'y f.) 21 Certified Mail Provides: ■ A mailing receipt (e—ey) Zoou eunr'oo od Sd ■ A unique identifier for your mailpiece ■ A record of delivery kept by the Postal Service for two years } riant /0 Certifie Mat may tY ONLY be combined with First -Class Mail® or Priori Mail®. � rNCf)ENR-DFl�Q-,S\• Certified Mail is not available for any class of international mail. ovo us. tncua'I w NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. ANF`I'C'ANC1YTi1. For 1VANNANOA NCI valuables, please consider Insured or Registered Mail. --- ■ For an additional fee, a Return Receipt may be requested to provide proof of delivery. To obtain Retum Receipt service, please complete and attach a ReturnReceipt (PS Form 3811) to the article and add applicable postage to cover the fee. Endorse mailpiece "Return Receipt Requested". To receive a fee waiver for 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 or addressee's authorized agent. Advise the clerk or mark the mailpiece with the endorsement "Restricted Delivery': n 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 Certified Mail receipt is not needed, detach and affix label with postage and mail. IMPORTANT: Save this receipt and present it when making an inquiry. Internet access to delivery information is not available on mail addressed to APOs and FPos. U (End U Ree' \EntJ ■ ete items 1, 2, and 3. Also complete A gn re*10 ifRestricted Delivery is desired.X ur name and address on the reverse so that we can return the card to you. B. Received by (1 ■ Attach this card to the back of the mailpiece, or on the front if space permits. _ - North Carolina Department Environment and Natural Resourc( 2090 U.S. Highway 70, Swannanoa, Nc 287 NCDENR nI r M CSG% DEBORAH HARRELL, PRESIDENT' DAYS INK OF CANDLER, INC. 2551 SMOKEY PARK HIGHWAY - CANDLER NC 28715 -i Agent Addressee raau avavna� �-_-�.—uaao-t, 1 s ';differenftrom item i? ❑ [F i ery' address below: ❑ ' al ki N) I u J Service Type ' I_, i'; 3 0 Certified Mail c0 Expre s Mall ❑ Registered , Retum Receipt for jAe ❑ Insured Mail O'C.O.D. 4. Restricted Delivery? (Extra Fee) -- ❑; To. 7005 1820 0002 9207 48857 A10U-9_Cvq --L. V-0D2 6 i PS Form 3811 ? February 2004 f I I . ' oor�ie 5tf'c Return Receipt 102595-02-M-154 0 i, i t s! �i_E ( { t__ i t l i I �-- orP, city,'bww;-orw-- — -- UNITED STATES POSTAL SERVICE First -Class Mail, Postage & Fees Paid -USPS__'_i Permit No. G-1 • Sender: Please print your Certified Mail Provides: esienea) aoo-e eunr'a(,, Sd ■ A mailing receipt f ■ A unique identifier for your mailpiece ■ A record of delivery kept by the Postal Service for two years Important Reminders. ■Certified Mail may ONLY be combined with First -Class Mail®or Priority Mail JAN6P R_D%V \ALL I ■ Certified Mail is not available for an class of international mail. L2�090 :UGNR-U\Vll-SR'P Y U.S. rtxanVAY 70 ■ NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. Foi AwNANor\ NC zsrt valuables, please consider Insured or Registered Mail. ----= ■ For an additional fee, a Return Receipt may be requested to •provide proof of delivery. To obtain Return Receipt service, please complete and attach a Return Receipt (PS Form 3811) to the article and add applicable postage to cover the fee. Endorse mailplece "Return Receipt Requested". To receive a fee waiver for a duplicate return receipt, a USPSo postmark on your Certifieb Mail receipt is required. k— ■ For an additional fee, delivery may be restricted to the addressee or addressee's authorized aunt. Advise the clerk or mark the mailpiece with the endorsement "RestrictedDelivery': - ■ 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 Certified Mail receipt is not needed, detach and affix If with postage and mail. IMPORTANT: Save this receipt and present it when making an inquiry. Internet access to delivery information is not available on mail addressed to APOs and FPOs. ?ENDER: cc)mPLETE THis sEcTioN COMPLETE THIS SECTION ON DELIVERY ■ complete items 41r,I&W16l(l'i'tll�ll�lt��ll�lllll I�►ti��l' w Isl((II I ■ Print your name and add4 s on the revgrse ` ❑ Agent so that we can return the ,card to you. , �;; ❑ Addressee ot the mailP _ iece, Deborah Harrell, President, • Recei d rinted e) C. Pate of Deliver) rJ ' Days Inn df::Candlei7,"'fnc. lelivery liddress diffefir# 3m item 17 ❑Yes 1872-A Montreal Road' ® REs, entEielivery a LU -a below: ❑ No Tucker, GA 30084-5709 off; N �I o Iltlell'�l���lllrltlllrFll'��1�1'lllll��'nllell�lll�l'll' '�' `— " � LU p/(/� �] o � > S -<c = L - 1� II I IIII' I'll 1111111111111111 IIIII I II I I II IN I I l I III I I III _ ❑ _ e Type dultSignature � ❑ Priority Mail Express® ❑ Registered MaIIT^' ❑ ult Signature Restricted Delivery ertified Mail® ❑ Registered Mail Restdch Delivery 9590 9402 2119 6132 6485 39 rtified Mail Restricted Dellvery Return Receipt for ❑ Collect on Delivery' Merchandise 7 _ Artiele.Mumher.fhancfP.r f nm _ePrvina /ahe0__ _ _ _ _ _ ❑ Collect on Delivery Restricted Delivery ElSignature ConfirmationT Mall ❑ Signature Confirmation 7015t 1520 I op 3 5.4 63' 21'7 6 i I ! ? Aal Restricted Delivery Restricted Delivery t / _ I ... , A � �A ^ � nnmactin Patf irn USPS TRACK NG # First -Class Mail ;Jd 9590 9402 2119 6132 6485 39 United States • Sender: Please print your name,. address, and ZIP+4® in this box; Postal Service JANET CANiWELL NCDEOAWR-WOROS 2090 U.S. NIG. r 70 SWANNANOA NC 28778 __ f a Complete items 1,2, and'3. ■ P.rint:younripme, and;address,gn the reverse so that we.can reiurh'the card to�you. 11 Attach this card to the back of the mailpiece, ,or on the front if space permits. 1. Article Addressed to: Deborah Harrell, -President A. Sighat re X Agent 'U,Addresses B. d by f(Ifinted ; mWRA'Oe) C. Date "f Deliv ry Yivery addre s different f itemwl? O Yes ES, enter delivery address low: No ' "- �g Days Inn of Candler, Inc. ,�` Q 1872-A Montreaf^ftoad +( nJ Tucker, GA 30084-5709 IltI1II'll[;1'1III-hIII'III'11I1I'IIIIIIII"' 'I���II�I'I�'I���'11 �o Go III ❑ Adul afiae 11 Priority Mail �pess® ❑ Registered MaM1111111111111111111111111111111111111111111111 IIIII itIIIIIIIIIIII III IIIIIIIIIIIII 9590 9402 1846 6104 5556 05 >___Article Numher_flransfer 701,.5 T;5'.20 ❑Sigrsa e Restricted Delivery ❑ Registered Mail Restricts Mail® Delivery E3frtified e❑ ertified Mail Restricted Delivery urn A RetReceipt for ❑ Collect on Delivery a chandise ❑ Collect on Delivery Restricted Delivery ❑ Signature Confirmation"^ "Mail i 2 ; ❑Signature Confirmation _pail Restricted Delivery Restricted Delivery )C r: r !4Ri 1 OnIr ocn1.7wn_no_nnn_nn­ Ai. A /_ i..) n I .. A C/. n...,,....at., o..a..... USPS TRACKING # First -Class Mail Postage & Fees Paid USPS Permit No. G-10 9590 9402 1846 6104 5556,,04, United States • Sender: Postal Service I nt .our name, `address, and ZIP+411 in this box* is JANET -;L .. �; NCDEQ-DWR-WIIR'OS 2090 U.S. MG SINANNANOA MC 2077E