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NC0051021_Regional Office Physical File Scan Up To 9/29/2020
NC®EN North Carolina Department of Environme Beverly Eaves Perdue Governor Division of Water Qu Charles Wakild, P. Director July 23, 2012 Ms. Noni Waite-Kucera, Executive Director Eagle's Nest Foundation 43 Hart Road Pisgah Forest, North Carolina 28768 SUBJECT: Dear Ms. Waite-Kucera: pp Dee FFdemar tan JUL 2 5 2012 WATER' UP,f1TY SECT101{ t ASf EVILLE F C;�OPJ,�,L OFFICE ` Authorization to Construct A to C No. 051021A01 Eagle's Nest Foundation Eagle's Nest Foundation -Camp VWVTP Wastewater Treatment Plant Replacement Transylvania County A letter of request for an Authorization to Construct was received June 18, 2012, by the Division of Water Quality (Division), and final plans and specifications for the subject project have been reviewed and found to be satisfactory. Authorization is hereby granted for the construction of modifications to the existing 0.008 MGD Wastewater Treatment Plant, with discharge of treated wastewater into the Little River in the French Broad River Basin. This authorization results in no increase in design or permitted capacity and is awarded for the construction of the following specific modifications: Replacement of the existing WWTP with a new 8,000 GPD extended aeration package steel plant consisting of manual bar screen; 3,000 gallon equalization tank with coarse bubble aeration, a 35 scfm blower, and dual 20 gpm pumps; dual 5,000 gallon aeration tanks with dual 50 scfm blowers; dual 667 gallon clarifiers with sludge return air-lift pumps; 250 gallon chlorine contact tank with tablet chlorinator and de -chlorinator; effluent flow meter; 2,000 gallon sludge holding tank; and yard piping and appurtenances, electrical controls, instrumentation, and site work, in conformity with the project plans, specifications, and other supporting data subsequently filed and approved by the Department of Environment and Natural Resources. 1617 Mail Service Center, Raleigh, North Carolina 27699.1617 Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 Phone: 919.807-6300 \ FAX: 919-807-6492 Internet: www.ncwaterouality.org An Equal Opportunity \ Affirmative Action Employer--,; =Y Nne orthCarolina Amlfndif Ms. Noni Waite-Kucera, Executive Dire July 23, 2012 Page 2 This Authorization to Construct is issued in accordance with Part III, Paragraph A of NPDES Permit No. NC0051021 issued October 21, 2010, and shall be subject to revocation unless the wastewater treatment facilities are constructed in accordance with the conditions and limitations specified in Permit No. NC0051021. The sludge generated from these treatment facilities must be disposed of in accordance with G.S. 143-215.1 and in a manner approved by the Division. In the event that the facilities fail to perform satisfactorily, including the creation of nuisance conditions, the Permittee shall take immediate corrective action, including those as may be required by the Division, such as the construction of additional or replacement wastewater treatment or disposal facilities. The Asheville Regional Office, telephone number (828) 296-4500, shall be notified at least forty-eight (48) hours in advance of operation of the installed facilities so that an on site inspection can be made. Such notification to the regional supervisor shall be made during the normal office hours from 8:00 a.m. until 5:00 p.m. on Monday through Friday, excluding State Holidays. Upon completion of construction and prior to operation of this permitted facility, a certification must be received from a professional engineer certifying that the permitted facility has been installed in accordance with the NPDES Permit, this Authorization to Construct and the approved plans and specifications. Mail the Certification to: Infrastructure Finance Section, DWQ/DENR, 1633 Mail Service Center, Raleigh, NC 27699-1633. Upon classification of the facility by the Certification Commission, the Permittee shall employ a certified wastewater treatment plant operator to be in responsible charge (ORC) of the wastewater treatment facilities. The operator must hold a certificate of the type and grade at least equivalent to or greater than the classification assigned to the wastewater treatment facilities by the Certification Commission. The Permittee must also employ a certified back-up operator of the appropriate type and grade to comply with the conditions of T15A:8G.0202. The ORC of the facility must visit each Class I facility at least weekly and each Class II, III and IV facility at least daily, excluding weekends and holidays, must properly manage the facility, must document daily operation and maintenance of the facility, and must comply with all other conditions of T15A:8G.0202. A copy of the approved plans and specifications shall be maintained on file by the Permittee for the life of the facility. During the construction of the proposed additions/modifications, the permittee shall continue to properly maintain and operate the existing wastewater treatment facilities at all times, Noni Waite-Kucera, Executive Dire 23, 2012 Page 3 and in such a manner, as necessary to comply with the effluent limits specified in the NPDES Permit. - You are reminded that it is mandatory for the project to be constructed in accordance with the North Carolina Sedimentation Pollution Control Act, and when applicable, the North Carolina Dam Safety Act. In addition, the specifications must clearly state what the contractor's responsibilities shall be in complying with these Acts. Prior to entering into any contract(s) for construction, the recipient must have obtained all applicable permits from the State. Failure to abide by the requirements contained in this Authorization to Construct may subject the Permittee to an enforcement action by the Division in accordance with North Carolina General Statute 143-215.6A to 143-215.6C. The issuance of this Authorization to Construct does not preclude the Permittee from complying with any and all statutes, rules, regulations, or ordinances which may be imposed by other government agencies (local, state, and federal) which have jurisdiction. One (1) set of approved plans and specifications is being forwarded to you. If you have any questions or need additional information, please contact Seth Robertson, P.E. at telephone number (919) 707-9175. Sincerely, Charles W 1 d, P.E. kp: sr cc: David L. Honeycutt, P.E. , McGill Associates, P.A., 55 Broad Street, Asheville, NC 28801 Transylvania County Health Department DWQ, Point Source Branch, NPDES Program Ken Pohlig, P.E. ATC File Eagle's Nest Foundation Eagle's Nest Foundation -Camp WWTP Wastewater Treatment Plant Replacement A To C No. 051021A01 Issued July 23, 2012 --Engineer's Certification I, . , as a duly registered Professional Engineer in the State of North Carolina, having been authorized to observe (periodically/weekly/full time) the construction of the modifications and improvements to the Eagle's Nest Foundation -Camp WWTP, located on 43 Hart Road, Pisgah Forest in Transylvania County, hereby state that, to the best of my abilities, due care and diligence was used in the observation of the following construction: Replacement of the existing WWTP with a new 8,000 GPD extended aeration package steel plant consisting of manual bar screen; 3,000 gallon equalization tank with coarse bubble aeration, a 35 scfm blower, and dual 20 gpm pumps; dual 5,000 gallon aeration tanks with dual 50 scfm blowers; dual 667 gallon clarifiers with sludge return air-lift pumps; 250 gallon chlorine contact tank with tablet chlorinator and de -chlorinator; effluent flow meter; 2,000 gallon sludge holding tank; and yard piping and appurtenances, electrical controls, instrumentation, and site work, in conformity with the project plans, specifications, and other supporting data subsequently filed and approved by the Department of Environment and Natural Resources. I certify that the construction of the above referenced project was observed to be built within substantial compliance and intent of the approved plans and specifications. Signature Date Registration N Mail this Certification to: Attn: Ken Pohlig, P.E. Infrastructure Finance Section DENR/DWQ 1633 Mail Service Center Raleigh, NC 27699-1633 NCDENR 4 North Carolina Department of Environment and NatV Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Governor Director x.•,. October 21, 2010 Mr. Kyle Young Eagle's Nest Foundation - 43 Hart Rd Pisgah Forest, N.C. 28768 Dear Mr. Young: I OCT 2 8 2010 ReSOUrCeSIALITY SECTION ASHEVILLE REGIONAL OFFIC Dee Freeman } __.�.. _.... _.__ .,.....Secretary., Subject: Subject: Issuance of NPDES Permit NCO051021 Eagle's Nest Camp WWTP Transylvania County Division personnel have reviewed and approved your application for renewal of the subject permit. ' Accordingly, we are forwarding the attached NPDES discharge permit. This permit is issued pursuant to the requirements of North Carolina General Statute 143-215.1 and the Memorandum of Agreement between North Carolina and the U.S. Environmental Protection Agency dated October 15, 200T(or as subsequently amended). This final permit includes no changes from the draft permit sent to you on July 7, 2010. 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 Charles Weaver at telephone number (919) 807-6391.. Sincerely, Coleen H. Sullins cc: Central Files LAshe ITslegion,Offic%Surface'Water:'Protectan' NPDES Unit 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 512 North Salisbury Street, Raleigh, North Carolina 27604 Phone: 919 807-6300 / FAX 919 807-6495 / http://portal.ncdenr.org/web/wq An Equal Opportunity/Affirmative Action Employer— 50% Recycled/10% Post Consumer Paper• Northcarolina naturally _ Permit.NC00` 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, Eagle's Nest Foundation is hereby authorized to discharge wastewater from a facility located at the Eagle's Nest Camp WWTP 43 Hart Rd Pisgah Forest Transylvania County to receiving waters designated as the Little River in subbasin 04-03-01 of the French Broad River Basin in accordance with effluent limitations, monitoring requirements, and other conditions set forth in Parts I, II, III and IV hereof. This permit shall become effective December 1, 2010. This permit and authorization to discharge shall expire at midnight on September 30, 2015. Signed this day October 21, 2010 / Coleen H. Sullins, Director Division of Water Quality By Authority of the Environmental Management Commission 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.numl er 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. Eagle's Nest Foundation is hereby authorized to: 1. Continue to operate a 0.008 MGD extended aeration package plant that includes the following components: ➢ Bar screen ➢, Aeration basin with dual blowers providing diffused air ➢ Rectangular clarifier with skimmer and sludge return ➢ Tablet chlorination with contact chamber ➢ Isco Ultrasonic 4120 flow meter ➢ Tablet dechlorination This facility located at the Eagle's Nest Camp WWTP, off Hart Road near Pisgah Forest in Transylvania County. 2. Discharge from said treatment works at the location specified on the attached map into the Little River, currently classified C waters in hydrologic unit 06010105 of the French Broad River Basin. _Permit NC0,051021 A. (1) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS During the period beginning on the effective date of this permit and lasting until expiration, the Permittee is authorized to discharge from outfall 001. Suc$ discharges shall be lirruted and monitored by the Permittee as specified below: PARAMETER LIMITS MONITORING REQUIREMENTS [PCS CODE] Monthly Daily Measurement Sample Type Sample Location Average Maximum Frequency Flow 50050 0.008 MGD Continuous Recording Influent or Effluent BOD, 5-day (20°C) [C0310] April 1 — October 31 30.0 mg/L 45.0 mg/L Weekly Grab Effluent BOD, 5-day (20°C) [C0310] November 1 — March 31 30.0 mg/L 45.0 mg/L 2/Month Grab Effluent Total Suspended Solids [C0530] 30.0 mg/L 45.0 mg/L Weekly Grab Effluent April 1 — October 31 Total Suspended Solids [C0530] 30.0 mg/L 45.0 mg/L 2/Month Grab Effluent November 1 — March 31 NH3 as N C0610 2/Month Grab Effluent Fecal Coliform (geometric mean) April 1 — October 31 200 / 100 ml 400 / 100 ml Weekly Grab Effluent 31616 Fecal Coliform (geometric mean) November 1— March 31 200 / 100 ml 400 / 100 ml 2/Month Grab Effluent 31616 Total Residual Chlorine (TRC)' 28 pg/L 2/Week Grab Effluent 50060 Temperature (°C) 00010 Weekly Grab Effluent Footnotes: 1. The Permittee shall report all effluent TRC values reported by a NC -certified laboratory [including field -certified]. Effluent values below 50 µg/L will be treated as zero for compliance purposes. There shall be no discharge of floating solids or visible foam in other than. trace amounts. N FOES 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. B�ypass 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 Version 712009 NPDES Permit Standard Conditions Page 2 of 18 totalizer, and the preset gallon interval between sample collection fixed at no greater than 1/24 of the expected total daily flow at the treatment system, or (4) Constant time/constant volume: a series of grab samples of equal volume collected over a 24-hour period at a constant time interval. Use of this method requires prior approval by the Director. This method may only be used in situations where effluent flow rates vary less than 15 percent. The following restrictions also apply: ➢ Influent and effluent grab samples shall be of equal size and of no less than 100 milliliters ➢ 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). DWO 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. Version 712009 ivrilES Permit Standard Conditions Page 3of18 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. Monthly Average (concentration limit), The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar month. In the case of fecal coliform, the geometric mean of such discharges. Permit Issuing Authority The Director of the Division of Water Quality. Quarterly Average (concentration limit), The average of all samples taken over a calendar quarter. Severe property damage Substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage excludes economic loss caused by delays in production. Toxic Pollutant: Any pollutant listed as toxic under Section 307(a)(1) of the CWA. U set An incident beyond the reasonable control of the Permittee causing unintentional and temporary noncompliance with permit effluent limitations and/or monitoring requirements. An upset does not include noncompliance caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation. Weekly Average (concentration limit), The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar week. In the case of fecal coliform, the geometric mean of such discharges. Section B. General Conditions 1. Duty to Comply The Permittee must comply with all conditions of this permit. Any permit noncompliance constitutes a violation of the CWA and is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or denial of a permit renewal application [40 CFR 122.41]. a. The Permittee shall comply with effluent standards or prohibitions established under section 307(a) of the CWA for toxic pollutants and with standards for sewage sludge use or disposal established under section 405(d) of the CWA within the time provided in the regulations that establish these standards or prohibitions or standards for sewage sludge use or disposal, even if the permit has not yet been modified to incorporate the requirement. Version 712009 NPDES Permit Standard Conditions Page 4 of 18 b. The CWA provides that any person who violates section[s] 301, 302, 306, 307, 308, 318 or 405 of the Act, or any permit condition or limitation implementing any such sections in a permit issued under section 402, or any requirement imposed in a pretreatment program approved under sections 402 (a) (3) or 402 (b) (8) of the Act, is subject to a civil penalty not to exceed $37,500 per day for each violation. [33 USC 1319 (d) and 40 CFR 122.41 (a) (2)] c. The CWA provides that any person who negligently violates sections 301, 302, 306, 307, 308, 318, or 405 of the Act, or any condition or limitation implementing any of such sections in a permit issued under section 402 of the Act, or any requirement imposed in a pretreatment program approved under section 402(a)(3) or 402(b)(8) of the Act, is subject to criminal penalties of $2,500 to $25,000 per day of violation, or imprisonment of not more than 1 year, or both. In the case of a second or subsequent conviction for a negligent violation, a person shall be subject to criminal penalties of not more than $50,000 per day of violation, or by imprisonment of not more than 2 years, or both. [33 USC 1319 (c) (1) and 40 CFR 122.41 (a) (2)] d. Any person who knouvingly 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 1219 (g) (2) and 40 CFR 122.41 (a) (3)] 2. Duty to Mitigate The Permittee shall take all reasonable steps to minimize or prevent any, discharge or sludge use or disposal in violation of this permit with a reasonable likelihood of adversely affecting human health or the environment [40 CFR 122.41 (d)]. 3. Civil and Criminal Liability Except as provided in permit conditions on "Bypassing" (Part II. C. 4), "Upsets" (Part II. C. 5) and "Power Failures" (Part II. C. 7), nothing in this permit shall be construed to relieve the Permittee from any responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3, 143-215.6 or Section 309 Version 712009 iN rilES Permit Standard Conditions Page 5 of 18 the Federal Act, 33 USC 1319. Furthermore, the Permittee is responsible for consequential damages, such as "all kills, even though the responsibility for effective compliance maybe 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. 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]. 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 Version 712009 NPDES Permit Standard Condid Page 6 of 18 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] d. Certification. Any person signing a document under paragraphs a. or b. of this section shall make the following certification [40 CFR 122.22]. NO OTHER STATEMENTS OF CERTIFICATION WILL BE ACCEPTED: "7 certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person 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. Version 712009 .L-4r ,DES Permit Standard Conditions Page 7of18 i C. Operation and Maintenance of Pollution Controls Certified Operator Upon classification of the permitted facility by the Certification Commission, the Permittee shall employ a certified water pollution control treatment system operator in responsible charge (ORC) of the water pollution control treatment system. Such operator must hold a certification of the grade equivalent to or greater than the classification assigned to the water pollution control treatment system by the Certification Commission. The Permittee must also employ one or more certified Back-up ORCs who possess a currently valid certificate of the type of the system. Back-up ORCs must possess a grade equal to (or no more than one grade less than) the grade of the system [15A NCAC 8G.0201]. The ORC of each Class I facility must: ➢ Visit the facility as often as is necessary to insure proper operation of the treatment system; the treatment facility must be visited at least weekly ➢ Comply with all other conditions of 15A NCAC 8G.0204. The ORC of each Class II, III and IV facility must: ➢ Visit the facility as often as is necessary to insure proper operation of the treatment system; the treatment facility must be visited at least five days per week, excluding holidays ➢ Properly manage and document daily operation and maintenance of the facility ➢ Comply with all other conditions of 15A NCAC 8G.0204. Once the facility is classified, the Permittee shall submit a letter to the Certification Commission designating the operator in responsible charge: a. Within 60 calendar days prior to wastewater being introduced into a new system b. Within 120 calendar days of ➢ Receiving notification of a change in the classification of the system requiring the designation of a new ORC and back-up ORC ➢ A vacancy in the position of ORC or back-up ORC. 2. Proper Operation and Maintenance The Permittee shall at all times provide the operation and maintenance resources necessary to operate the existing facilities at optimum efficiency. The Permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the Permittee to achieve compliance with the conditions of this permit. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures. This provision requires the Permittee to install and operate backup or auxiliary facilities only when necessary to achieve compliance with the conditions of the permit [40 CFR 122.41 (e)]. NOTE: Properly and officially designated operators are fully responsible for all proper operation and maintenance of the facility, and all documentation required thereof, whether acting as a contract operator [subcontractor] or a member of the Permittee's staff. 3. Need to Halt or Reduce not a Defense It shall not be a defense for a Permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the condition of this permit [40 CFR 122.41 (c)]• 4. Bypassing of Treatment Facilities a. Bypass not exceeding limitations [40 CFR 122.41 (m) (2)] Version 712009 NPDES Permit Standard Conditions Page 8 of 18 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. b. Conditions necessary for a demonstration of upset: Any Permittee who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that: (1) An upset occurred and that the Permittee can identify the cause(s) of the upset; (2) The Permittee facility was at the time being properly operated; and (3) The Permittee submitted notice of the upset as required in Part II. E. 6. (b) of this permit. (4) The Permittee complied with any remedial measures required under Part II. B. 2. of this permit. c. Burden of proof [40 CFR 122.41 (n) (4)]: The Permittee seeking to establish the occurrence of an upset has the burden of proof in any enforcement proceeding. 6. Removed Substances Solids, sludges, filter backwash, or other pollutants removed in the course of treatment or control of wastewaters shall be utilized/disposed of in accordance with NCGS 143-215.1 and in a manner such as to prevent any pollutant from such materials from entering waters of the State or navigable waters of the United States. The Permittee shall comply with all existing Federal regulations governing the disposal of sewage sludge. Upon promulgation of 40 CFR Part 503, any permit issued by the Permit Issuing Authority for the utilization/disposal of sludge may be Version 712009 iv rDES Permit Standard Conditions Page 9 of 18 pened and modified, or revoked and reissued, to incorporate applicable requirements at 40 CFR 503. The . . �mittee 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 211.0124) to prevent the discharge of untreated or inadequately treated wastes during electrical power failures either by means of alternate power sources, standby generators or retention of inadequately treated effluent. Section D. Monitoring and Records Representative Sampling Samples collected and measurements taken, as required herein, shall be characteristic of the volume and nature of the permitted discharge. Samples collected at a frequency less than daily shall be taken on a day and time that is characteristic of the discharge over the entire period the sample represents. All samples shall be taken at the monitoring points specified in this permit and, unless otherwise specified, before the effluent joins or is diluted by any other wastestream, body of water, or substance. Monitoring points shall not be changed without notification to and the approval of the Permit Issuing Authority [40 CFR 122.41 (j)]. 2. Reporting Monitoring results obtained during the previous month(s) shall be summarized for each month and reported on a monthly Discharge Monitoring Report (DMR) Form (MR 1, 1.1, 2, 3) or alternative forms approved by the Director, postmarked no later than the last calendar day of the month following the completed reporting period. The first DMR is due on the last day of the month following the issuance of the permit or in the case of a new facility, on the last day of the month following the commencement of discharge. Duplicate signed copies of these, and all other reports required herein, shall be submitted to the following address: NC DENR / Division of Water Quality / Water Quality Section ATTENTION: Central Files 1617 Mail Service Center Raleigh, North Carolina 27699-1617 3. Flow Measurements Appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected and used to ensure the accuracy and reliability. of measurements of the volume of monitored discharges. The devices shall be installed, calibrated and maintained to ensure that the accuracy of the measurements is consistent with the accepted capability of that type of device. Devices selected shall be capable of measuring flows with a maximum deviation of less than 10% from the true discharge rates throughout the range of expected discharge volumes. Flow measurement devices shall be accurately calibrated at a minimum of once per year and maintained to ensure that the accuracy of the measurements is consistent with the accepted capability of that type of device. The Director shall approve the flow measurement device and monitoring location prior to installation. Once -through condenser cooling water flow monitored by pump logs, or pump hour meters as specified in Part I of this permit and based on the manufacturer's pump curves shall not be subject to this requirement. 4. Test Procedures Laboratories used for sample analysis must be certified by the Division. Permittees should contact the Division's Laboratory Certification Section (919 733-3908 or httn://h2o.enr.state.nc.us/lab/cert.htni) for information regarding laboratory certifications. Version 712009 NPDES Permit Standard Page 10 of 18 Personnel conducting testing of field -certified parameters must hold the appropriate field parameter 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 122.41]. 6. Records Retention Except for records of monitoring information required by this permit related to the Permittee's sewage sludge use and disposal activities, which shall be retained for a period of at least five years (or longer as required by 40 CFR 503), the Permittee shall retain records of all monitoring information, including: ➢ all calibration and maintenance records ➢ all original strip chart recordings for continuous monitoring instrumentation ➢ copies of all reports required by this permit ➢ copies of all data used to complete the application for this permit These records or copies shall be maintained for a period of at least 3 years from the date of the sample, measurement, report or application. This period may be extended by request of the Director at any time [40 CFR 122.41]. 7. Recording Results For each measurement or sample taken pursuant to the requirements of this permit, the Permittee shall record the following information [40 CFR 122.41]: a. The date, exact place, and time of sampling or measurements; b. The 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. S. 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; Version 712009 C. DES Permit Standard Conditions Page 11 of 18 Have access to and copy, at reasonable times, any records that must be kept under the conditions of this permit; Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this permit; and Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise authorized by the CWA, any substances or parameters at any location [40 CFR 122.41 (i)]. Section E Reporting Requirements 1. Change in Discharge All discharges authorized herein shall be consistent with the terms and conditions of this permit. The discharge of any pollutant identified in this permit more frequently than or at a level in excess of that authorized shall constitute a violation of the permit. 2. Planned Changes The Permittee shall give notice to the Director as soon as possible of any planned physical alterations or additions to the permitted facility [40 CFR 122.41 (1)]. Notice is required only when: a. The alteration or addition to a permitted facility may meet one of the criteria for new sources at 40 CFR 122.29 (b); or b. The alteration or addition could significantly change the nature or increase the quantity of pollutants discharged. This notification applies to pollutants subject neither to effluent limitations in the permit, nor to notification requirements under 40 CFR 122.42 (a) (1). 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 122.410) (4)]. a. Monitoring results must be reported on a Discharge Monitoring Report (DMR) (See Part II. D. 2) or forms provided by the Director for reporting results of monitoring of sludge use or disposal practices. b. If the Permittee monitors any pollutant more frequently than required by this permit, the results of such monitoring shall be included in the calculation and reporting of the data submitted on the DMR. 6. Twenty-four Hour Reporting a. The Permittee shall report to the Director or the appropriate Regional Office any noncompliance that potentially threatens public health or the environment. Any information shall be provided orally within 24 hours from the time the Permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the Permittee becomes aware of the circumstances. The written submission shall contain a description of the noncompliance, and its cause; the period of noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance [40 CFR 122.41 (1) (6)]. Version 712009 NPDES Permit Standard Conditions Page 12 of 18 b. The Director may waive the written report on a case -by -case basis for reports under this section if the oral report has been received within 24 hours. c. Occurrences outside normal business hours may also be reported to the Division's Emergency Response personnel at (800) 662-7956, (800) 858-0368 or (919) 733-3300. 7. Other Noncompliance The Permittee shall report all instances of noncompliance not reported under Part II. E. 5 and 6. of this permit at the time monitoring reports are submitted. The reports shall contain the information listed in Part II. E. 6. of this permit [40 CFR 122.410) (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)]. Noncompliance Notification The Permittee shall report by telephone to either the central office or the appropriate regional office of the Division as soon as possible, but in no case more than 24 hours or on the next working day following the occurrence or first knowledge of the occurrence of any of the following. a. Any occurrence at the water pollution control facility which results in the discharge of significant amounts of wastes which are abnormal in quantity or characteristic, such as the dumping of the contents of a sludge digester; the known passage of a slug of hazardous substance through the facility; or any other unusual circumstances. b. Any process unit failure, due to known or unknown reasons, that render the facility incapable of adequate wastewater treatment such as mechanical or electrical failures of pumps, aerators, compressors, etc. c. Any failure of a pumping station, sewer line, or treatment facility resulting in a by-pass without treatment of all or any portion of the influent to such station or facility. Persons reporting such occurrences by telephone shall also file a written report within 5 days following first knowledge of the occurrence. 10. Availability of Reports Except for data determined to be confidential under NCGS 143-215.3 (a)(2) or Section 308 of the Federal Act, 33 USC 1318, all reports prepared in accordance with the terms shall be available for public inspection at the offices of the Division. As required by the Act, effluent data shall not be considered confidential. Knowingly making any false statement on any such report may result in the imposition of criminal penalties as provided for in NCGS 143-215.1(b)(2) or in Section 309 of the Federal Act. 11. Penalties for Falsification of Reports The CWA provides that any person who knowingly makes any false statement, representation, or certification in any record or other document submitted or required to be maintained under this permit, including monitoring reports or reports of compliance or noncompliance shall, upon conviction, be punished by a fine of not more than $25,000 per violation, or by imprisonment for not more than two years per violation, or by both [40 CFR 122.41] . 12. Annual Performance Reports Permittees who own or operate facilities that collect or treat municipal or domestic waste shall provide an annual report to the Permit Issuing Authority and to the users/customers served by the Permittee (NCGS 143-215.1C). The report shall summarize the performance of the collection or treatment system, as well as the extent to which the facility was compliant with applicable Federal or State laws, regulations and rules pertaining to water quality. Version 712009 iN i DES Permit Standard Conditions Page 13 of 18 e report shall be provided no later than sixty days after the end of the calendar or fiscal year, depending upon wnich annual period is used for evaluation. The report shall be sent to: NC DENR / DWQ / Central Files 1617 Mail Service Center Raleigh, NC 27699-1617 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 000 µg/L); (2) Two hundred micrograms per liter (200 µg/L) for acrolein and acrylonitrile; five hundred micrograms per liter (500 µg/L) for 2.4-dinitrophenol and for 2-methyl-4.6-dinitrophenol; and one milligram per liter (l mg/L) for antimony; (3) Five times the maximum concentration value reported for that pollutant in the permit application. b. That any activity has occurred or will occur which would result in any discharge, on a non -routine or infrequent basis, of a toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels'; (1) Five hundred micrograms per liter (500 µg/L); (2) One milligram per liter 0 mg/L) for antimony; (3) Ten times the maximum concentration value reported for that pollutant in the permit application. Section D. Evaluation of Wastewater Discharge Alternatives The Permittee shall evaluate all wastewater disposal alternatives and pursue the most environmentally sound alternative of the reasonably cost effective alternatives. If the facility is in substantial non-compliance with the terms and conditions of the NPDES permit or governing rules, regulations or laws, the Permittee shall submit a report in such form and detail as required by the Division evaluating these alternatives and a plan of action within 60 days of notification by the Division. Section E. Facility Closure Requirements The Permittee must notify the Division at least 90 days prior to the closure of any wastewater treatment system covered by this permit. The Division may require specific measures during deactivation of the system to prevent Version 712009 NPDES Permit Standard Condid Page 14 of 18 adverse impacts to waters of the State. This permit cannot be rescinded while any activities requiring this permit continue at the permitted facility. PART IV SPECIAL CONDITIONS FOR MUNICIPAL FACILITIES Section A. 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 (b) (i) and (j)] Interference Inhibition or disruption of the POTW treatment processes; operations; or its sludge process, use, or disposal which causes or contributes to a violation of any requirement of the POTWs 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 POTWs NPDES permit, or of an instream water quality standard. [15A NCAC 2H.0903 (b) (23)] Publicly Owned Treatment Works (POTW� A treatment works as defined by Section 212 of the CWA, owned by a State or local government entity. This definition includes any devices and systems used in the storage, treatment, recycling and reclamation of municipal sewage or industrial wastes of a liquid nature. It also includes sewers, pipes, and other conveyances only if they convey wastewater to a POTW. The term also means the local government entity, or municipality, as defined in section 502(4) of the CWA, which has jurisdiction over indirect discharges to and the discharges from such a treatment works. [15A NCAC 2H.0903 (b) (27)] "Significant Industrial User" or "SIU" An industrial user that discharges wastewater into a publicly owned treatment works and that [15A NCAC 2H.0903 (b) (34)]: (a) discharges an average of 25,000 gallons or more per day of process wastewater to the POTW (excluding sanitary, noncontact cooling and boiler blowdown wastewaters) or; (b) contributes more than 5 percent of the design flow of the POTW treatment plant or more than 5 percent of the maximum allowable headworks loading of the POTW treatment plant for any pollutant of concern, or; (c) is required to meet a national categorical pretreatment standard, or; (d) is, regardless of Parts (a), (b), and (c) of this definition, otherwise determined by the POW, the Division, or the EPA to have a reasonable potential for adversely affecting the POTWs operation or for violating any pretreatment standard or requirement or POT%Vs receiving stream standard, or to limit the POTWs 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)]: Version 712009 2. 3. iNrDES Permit Standard Conditions Page 15 of 18 Any new introduction of pollutants into the POTW from an indirect discharger, including pump and hauled waste, 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 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 may 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, nonbiodegradable 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 WWTP, 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 WWI'P. The Permittee shall report such discharges into the VWUTP 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 Version 712009 NPDES Permit Standard Page 16 of 18 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 discharger sending its effluent to the permitted system to meet Federal Pretreatment Standards promulgated in response to Section 307(b) of the Act as amended (which includes categorical standards and locally derived limits 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)] 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. Sewer Use Ordinance (SILO) The Permittee shall maintain adequate legal authority to implement its approved pretreatment program. [15A NCAC 2H.0905 and .0906; 40 CFR 403.8 (fl (1) and 403.9 (1), (2)] 2. Industrial Waste Survey WES) 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 and the character and amount of pollutants contributed to the POTW by these industrial users and identification of those industrial users meeting the definition of SIU. The Permittee shall submit a summary of its IWS activities to the Division at least once every five years, and as required by the Division. The IWS submission shall include a summary of any investigations conducted under paragraph B, 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 Version 712009 ES Permit Standard Conditions Page 17 of 18 muittee shall submit to the Division a written technical evaluation of the need to revise local limits (i.e., an )dated HWA or documentation of why one is not needed) [40 CFR 122.44]. The Permittee shall develop, in accordance with 40 CFR 403.5 (c) and 15A NCAC 2H.0909, specific Local Limits to implement the prohibitions listed in 40 CFR 403.5 (a) and (b) and 15A NCAC 2H.0909. 5. Industrial User Pretreatment Permits (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 all IUPs. Permitted IUP loadings for each parameter cannot exceed the treatment capacity of the POTW as determined by the HWA. [15A NCAC 2H.0909, .0916, and .0917; 40 CFR 403.5, 403.8 (f) (1) (iii); NCGS 143- 215.67 (a)] 6. Authorization to Construct (AtQ The Permittee shall ensure that an Authorization to Construct permit (AtC) is issued to all applicable industrial users for the construction or modification of any pretreatment facility. Prior to the issuance of an AtC, the proposed pretreatment facility and treatment process must be evaluated for its capacity to comply with all Industrial User Pretreatment Permit (IUP) limitations. [15A NCAC 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)(1); 40 CFR 122.440)(2)] 9. Enforcement Response Plan (ERPI The Permittee shall enforce and obtain appropriate remedies for violations of all 'pretreatment standards promulgated pursuant to section 307(b) and (c) of the Clean Water Act (40 CFR 405 et. seq.), prohibitive discharge standards as set forth in 40 CFR 403.5 and 15A NCAC 2H.0909, and specific local limitations. All enforcement actions shall be consistent with the Enforcement Response Plan (ERP) approved by the Division. [15A NCAC 2H .0906(b)('7) and .0905; 40 CFR 4038(f)(5)] 10. Pretreatment Annual Reports (PART 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. Version 712009 [PDES Permit Standard Page 18of18 For all other active pretreatment programs, the Permittee shall submit two copies of a Pretreatment Annual Report (PAR) describing its pretreatment activities over the previous twelve months to the Division at the following address: NC DENR / DWQ / Pretreatment, Emergency Response, and Collection Systems Unit (PERCS) 1617 Mail Service Center Raleigh, NC 27699-1617 These reports shall be submitted according to a schedule established by the Director and shall contain the following. a.) Narrative A brief discussion of reasons for, status of, and actions taken for all Industrial Users (IUs) in Significant Non -Compliance (SNC); b.) Pretreatment Program Summary (PPS) A pretreatment program summary (PPS) on specific forms approved by the Division; c.) Significant Non -Compliance Report (SNCR) The nature of the violations and the actions taken or proposed to correct the violations on specific forms approved by the Division; d.) Industrial Data Summary Forms DSf D Monitoring data from samples collected by both the POTW and the Significant Industrial User (SIU) and any monitoring data for other Industrial Users (IUs) 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 IUs 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 Industrial Users (IUs) 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(0(2) (vn)] 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(o(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 15 NCAC 2H .0114 and 15A NCAC 2H .0907. Version 712009 Facilitv information NPDES permit #: NCO051021 Transylvania County Facility name: The Outdoor Academy — Eagle's Nest Foundation Eagle's Next Camp WWTP WWTP class: II WWTP type: 0.008 MGD extended aeration package plant with: bar screen, aeration basin with dual blowers providing diffused air; rectangular clarifier with skimmer and sludge return; tablet chlorinator; chlorine contact chamber; Isco Ultrasonic 4120 flow meter; and tablet dechlorinator (no digestor). WWTP address: Hart Road (NCSR 1533), Pisgah Forest, NC 28768 Responsible official: Kyle Young Responsible " title: Property Manager Official's location: 43 Hart Road, Pisgah Forest, NC 28768 Mailing address: 43 Hart Road, Pisgah Forest, NC 28768 Phone numbers: 828-877-4349 Kyle Young, Maintenance Supervisor 828-884-2788 " - fax 828-884-2770 Keith Bond, ORC - @ (w) Brevard Water Plant Operator information ORC & grade: Keith Bond — Grade II WW Cert #: 8442 SS Cert # 15382 I CS-1 Cert # 986808 PC-1 Cert # 985772 Permit information Date issued: 10-1-2005 Expiration date: 9-30-2010 Stream information Stream & river basin: Little River; French Broad River Basin Sub -basin: 04-03-01 Quad: Brevard, NC Index: G 8 NE I Stream classification: C Drainage area sq mi = 59.9 I` IWC: 0.04% Average stream flow: 185.8 cfs Summer 7Q10: 33.1 cfs Winter 7Q10: 59.1 cfs 30 Q2: 79.2 cfs CIlTi Y Other information: Directions: From Asheville, take 1-26 East to Hendersonville. Take the US Hwy 64 West exit and follow it through Hendersonville, Etowah, Blantyre, and Penrose. Just before reaching Pisgah Forest, turn left onto Crab Creek Road (at the sign for Dupont State Park). Turn right onto Everett Road (NCSR 1534). Turn left onto Hart Road (NCSR 1533). The WWTP is on the right inside the wooden fence. NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Michael F. Easley, Governor September 7, 2005 Mr. Kyle Young Eagle's Nest Foundation 43 Hart Road Pisgah Forest, NC 28768 William G. Ross, Jr., Secretary _ Alan, W Klimek, P E_ .- Director Subject: Issuance of NPDES Permit NCO051021 ;... Eagle's Nest Foundation Camp WWTP Transylvania County Dear Mr. Young: 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). The Division has reviewed your request for a reduction of effluent monitoring during the facility's low flow season. While we cannot comply completely with the terms of your request, the final permit has been modified to include reduced monitoring for BOD, Total Suspended Solids and Fecal Coliform during what are deemed to be winter months (November through March). All other terms remain the same as found in the draft permit sent to you on July 20, 2005. Please be aware that the Division reserves the right to modify these conditions if circumstances warrant an increase in monitoring frequencies in order to protect water quality. 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. 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 512 N. Salisbury St., Raleigh, North Carolina 27604 Phone: 919-733-7015 / FAX 919-733-2496 / Internet:: h2o.enr.state.nc.us An Equal Opportunity/Affirmative Action Employer — 50% Recycled/100% Post Consumer Paper One NorthCarolina Naturally Mr. Kyle Young 40 NPDES Permit NC0051021 Renewal p. 2 40 If you have any questions concerning this permit, please contact Bob Sledge at telephone number (919) 733-5093, extension 547. Sincerely, ORIGINAL SIGNED BY SUSAN A. WILSON Alan W. Klimek, P.E. cc: Central Files ,Asheville Regional Office/Surface Water Protection Section NPDES Unit Permit NCO051021 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY PERMIT TO DISCHARGE WASTEWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIIVIINATION 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, Eagle's Nest Camp is hereby authorized to discharge wastewater from a facility located at the intersection of NCSR 1533 and NCSR 1534 near Penrose Transylvania County to receiving waters designated as the Little River in the French Broad River Basin in accordance with effluent limitations, monitoring requirements, and other conditions set forth in Parts I, II, III and IV hereof. This permit shall become effective October 1, 2005. This permit and authorization to discharge shall expire at midnight on September 30, 2010. Signed this day September 7, 2005. ORIGINAL SIGNED BY SUSAN A. WILSON Alan W. Klimek, P.E., Director Division of Water Quality By Authority of the Environmental Management Commission a ® Permit NC0051021 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. Eagle's Nest Camp is hereby authorized to: 1. Continue to operate a 0.008 MGD extended aeration wastewater treatment facility consisting of: • Influent bar screen • Aeration basin • Two blowers • Rectangular clarifier • Baffled chlorine contact tank • Dechlorination facilities This facility located at the Eagle's Nest Camp, at the intersection of NCSR 1533 and NCSR 1534 near Penrose, Transylvania County, and 2. Discharge from said treatment works at the location specified on the attached map into the Little River, which is classified C waters in the French Broad River Basin. f Permit NC0051021 A. (1.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS — 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: Flow 0.008 MGD Continuous Recording Influent or Effluent BOD, 5-day (20°C) April 1— October 31 30.0 mg/L 45.0 mg/L Weekly Grab Effluent BOD, 5-day (20°C) November 1— March 31 30.0 mg/L 45.0 mg/L 2/Month Grab Effluent Total Suspended Solids April 1— October 31 30.0 mg/L 45.0 mg/L Weekly Grab Effluent Total Suspended Solids November 1— March 31 30.0 mg/L 45.0 mg/L 2/Month Grab Effluent NHs as N 2/Month Grab Effluent Fecal Coliform (geometric mean) April 1— October 31 200 / 100 ml 400 / 100 ml Weekly Grab Effluent Fecal Coliform (geometric mean) November 1— March 31 200 / 100 ml 400 / 100 ml 2/Month Grab Effluent Total Residual Chlorine 28 pg/L 2/Week Grab Effluent Temperature (°C) Weekly Grab Effluent There shall be no discharge of floating solids or visible foam in other than trace amounts. N00051021- Eagle's Nest Camp Latibade: 35°15'05" Sub -Baser: 04-03-01 Iangitude: 82°38'40" Quad #: (gEF a rl, NC Stream Class: Receiving Strewn: Little River Permitted Flow: 0.0080 MGD Facility `� = Location�X Eagle's Nest Foundation North NC0051021 Fagle's Nest Camp W WTP El • NPDES Permit Requirements' Page 1 of 16 PART II STANDARD CONDITIONS FOR NPDES PERMITS Section A. Definitions 2/Month Samples are collected twice per month with at least ten calendar days between sampling events. 3/Week Samples are collected three times per week on three separate calendar days. Act or "the Act" The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 USC 1251, et. seq. Annual Average The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar year. In the case of fecal coliform, the geometric mean of such discharges. Arithmetic Mean The summation of the individual values divided by the number of individual values. 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 Dav The period from midnight of one day until midnight of the next day. However, for purposes of this permit, any consecutive 24-hour period that reasonably represents the calendar day may be used for sampling. Calendar Quarter One of the following distinct periods: January through March, April through June, July through September, and October through December. Composite Sample A sample collected over a 24-hour period by continuous sampling or combining grab samples of at least 100 ml in such a manner as to result in a total sample representative of the wastewater discharge during the sample period. The Director may designate the most appropriate method (specific number and size of aliquots necessary, the time interval between grab samples, etc.) on a case -by -case basis. Samples may be collected manually or automatically. Composite samples may be obtained by the following methods: (1) Continuous: a single, continuous sample collected over a 24-hour period proportional to the rate of flow. (2) Constant time/variable volume: a series of grab samples collected at equal time intervals over a 24.hour period of discharge and combined proportional to the rate of flow measured at the time of individual sample collection, or (3) Variable time/constant volume: a series of grab samples of equal volume collected over a 24 hour period with the time intervals between samples determined by a preset number of gallons passing the sampling point. Flow measurement between sample intervals shall be determined by use of a flow recorder and totalizer, and the preset gallon interval between sample collection fixed at no greater than 1 /24 of the expected total daily flow at the treatment system, or (4) Constant time/constant volume: a series of grab samples of equal volume collected over a 24-hour period at a constant time interval. This method may only be used in situations where effluent flow rates vary less than 15 percent. The grab samples shall be taken at intervals of no greater than 20 minutes apart during any 24-hour period and must be of equal size and of no less than 100 milliliters. Use of this method requires prior approval by the Director. Version 612012003 • NPDES Permit Requirements Page 2 of 16 In accordance with (4) above, influent grab samples shall not be collected more than once per hour. Effluent grab samples shall not be collected more than once per hour except at wastewater treatment systems having a detention time of greater than 24 hours. In such cases, effluent grab samples may be collected at intervals evenly spaced over the 24-hour period that are equal in number of hours to the detention time of the system in number of days. However, the interval between effluent grab samples may not exceed six hours nor the number of samples less than four during a 24-hour sampling period. Continuous flow measurement Flow monitoring that occurs without interruption throughout the operating hours of the facility. Flow shall be monitored continually except for the infrequent times when there may be no flow or for infrequent maintenance activities on the flow device. Daily Discharge The discharge of a pollutant measured during a calendar day or any 24-hour period that reasonably represents the calendar day for purposes of sampling. For pollutants measured in units of mass, the "daily discharge" is calculated as the total mass of the pollutant discharged over the day. The "daily discharge" concentration comprises the mean concentration for a 24-hour sampling period as either a composite sample concentration or the arithmetic mean of all grab samples collected during that period. (40 CFR 122.3) Daily Maximum The highest "daily discharge" during the calendar month. Dail, amplin9 Parameters requiring -daily sampling shall be sampled 5 out of every 7 days per week unless otherwise specified in the permit. The Division expects that sampling shall be conducted on weekdays except where holidays or other disruptions of normal operations prevent weekday sampling. If sampling is required for all seven days of the week for any permit parameter(s), that requirement will be so noted on the Effluent Limitations and Monitoring Page(s). DWO or "the Division" The Division of Water Quality, Department of Environment and Natural Resources. EMC The North Carolina Environmental Management Commission. Facility Closure The cessation of wastewater treatment at a permitted facility, or the cessation of all activities that require coverage under the NPDES. Completion of facility closure will allow this permit to be rescinded. Geometric Mean The Nth root of the product of the individual values where N = the number of individual values. For purposes of calculating the geometric mean, values of "0" (or "< [detection level]' shall be considered =1. Grab Samule r Individual samples of at least 100 ml collected over a period of time not exceeding 15 minutes. Grab samples can be collected manually. Grab samples must be representative of the discharge (or the receiving stream, for instream samples). Hazardous Substance Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the Clean Water Act. Instantaneous flow measurement A measure of flow taken at the time of sampling, when both the sample and flow will be representative of the total discharge. Version 612012003 UNPDES Permit Requirements Page 3 of 16 Monthly Average(concentration limio The arithmetic mean'of all "daily discharges" of a pollutant measured during the calendar month. In the case of fecal coliform, the geometric mean of such discharges. Permit Issuing_ Authority The Director of the Division of Water Quality. Quarterly Average (concentration limitl The average of all samples taken over a calendar quarter. Severe property damag 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 t6 occur in the absence of a bypass. Severe property damage excludes economic loss caused by delays in production. Toxic Pollutant: Any -pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act. U set An incident beyond the reasonable control of the Permittee causing unintentional and temporary noncompliance with permit effluent. limitations and/or monitoring requirements. An upset does not include noncompliance caused by operational. error, improperly. designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation. Weekly Average (concentration limitl The arithmetic mean of all "daily discharges" 'of a pollutant measured during the calendar week. In the case of fecal coliform, the geometric mean of such -discharges. Section B. General Conditions 1. Duty to Comply The Permittee must comply with all conditions of this permit. Any permit noncompliance constitutes a violation of the Clean Water Act and is grounds for enforcement action; for permit termination; revocation and reissuance, or modification; or denial of a permit renewal application [40 CFR 122.41]. a. The Permittee shall comply with effluent standards or prohibitions established under section 307(a) , of the Clean Water Act for toxic pollutants and with standards for sewage sludge use or, -disposal established under section 405(d) of the Clean Water Act within the time provided in the regulations that establish these standards or prohibitions or standards for sewage sludge use or disposal, even if the permit has not yet been modified to incorporate the requirement. b. The Clean Water Act provides that any person who violates section 301, 302, 306, 307, 308, 318 or 405 of the Act, or any permit condition or limitation implementing any such sections in a permit issued under section 402, or any requirement imposed in a pretreatment program approved under sections 402(a)(3) or 402(b)(8) of the Act, is subject to a civil penalty not to exceed $25,000 per day for each violation. [40 CFR 122.41 (a) (2)] c. The Clean Water Act provides; that any person who negligently violates sections 301, 302, 306, 307, 308, 318, or 405 of the Act, or any condition or limitation implementing any of such sections in a permit issued under 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 $25,0,00 per day of violation, or imprisonment of not more than 1 year, or both. In the case of a second or subsequent conviction for a negligent violation, a person shall be subject to criminal penalties of not more than $50,000 per day of violation, or by imprisonment of not more than 2 years, or both. [40 CFR 122.41 (a) (2)] Version 612012003 NPDES Permit Requirements Page 6 of 16 c. Changes to authorization: If an authorization under paragraph (b) of this section is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, a new authorization satisfying the requirements of paragraph (b) of this section must be submitted to the Director prior to or together with any reports, information, or applications to be signed by an authorized representative [40 CFR 122.22] d. Certification. Any person signing a document under paragraphs a. or b. of this section shall make the following certification [40 CFR 122.22]: 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) (4) may cause this Division to initiate action to revoke the permit. Section C. Operation and Maintenance of Pollution Controls Certified Operator Upon classification of the permitted facility by the Certification Commission, the-Permittee shall employ a certified water pollution control treatment system operator in responsible charge (ORC) of the water pollution control treatment system. Such operator must hold a certification of the grade equivalent to or greater than the classification assigned to the water pollution control treatment system by the Certification Commission. The Permittee must also employ one or more certified Back-up .ORCs who possess a currently valid certificate of the type of the system. Back-up ORCs must possess a grade equal to (or no more than one grade less than) the grade of the system [15A NCAC 8G.0201]. The ORC of each Class I facility must: ➢ Visit the facility at least weekly ➢ Comply with all other conditions of 15A NCAC 8G.0204. The ORC of each Class II, III and IV facility must. ➢ Visit the facility at least daily, excluding weekends and holidays ➢ Properly manage and document daily operation and maintenance of the facility ➢ Comply with all other conditions of 15A NCAC 8G.0204. Once the facility is classified, the Permittee shall submit a letter to the Certification Commission designating the operator in responsible charge: a. Within 60 calendar days prior to wastewater being introduced into a new system Version 612012003 4*NPDES Permit Requirements Page 7 of 16 b. Within 120 calendar days of: ➢ Receiving notification of a change in the classification of the system requiring the designation of a new ORC and back-up ORC ➢ A vacancy in the position of ORC or back-up ORC. 2. Proper Operation and Maintenance The Permittee shall at all times provide the operation and maintenance resources necessary to operate the existing facilities at optimum efficiency. The Permittee shall at all times properly, operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or 'used by the Permittee to achieve compliance with the conditions of this permit. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures. This provision requires the Permittee to install and operate backup or auxiliary facilities only when necessary to achieve compliance with the conditions of the permit [40 CFR 122.41 (e)]. 3. Need to Halt or Reduce not a Defense It shall not be a defense for a Permittee in an enforcement action that it would have'lbeen 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)] 1i (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. Unsets r a. Effect of an upset [40 CFR 122.41 (n) (2)1: An upset constitutes an affirmative defense to an action brought for noncompliance with such technology based permit effluent limitations if the requirements of paragraph b. of this condition are met. No determination made during administrative review of claims that Version 612012003 NPDES Permit Requirements Page 8 of 16 noncompliance was caused by upset, and before an action for noncompliance, is final administrative action subject to judicial review. b. Conditions necessary for a demonstration of upset: A Permittee who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that: (1) An upset occurred and that the Permittee can identify the cause(s) of the upset; (2) The Permittee facility was at the time being properly operated; and (3) The Permittee submitted notice of the upset as required in Part II. E. 6. (b) (B) of this permit. (4) The Permittee complied with any remedial measures required under Part II. B. 2. of this permit. d. Burden of proof [40 CFR 122.41 (n) (4)]: The Permittee seeking to establish the occurrence of an upset has the burden of proof in any enforcement proceeding. 6. Removed Substances Solids, sludges, filter backwash, or other pollutants removed in the course of treatment or control of wastewaters shall be utilized/disposed of in accordance with NCGS 143-215.1 and in a manner such as to prevent any pollutant from such materials from entering waters of the State or navigable waters of the United States. The Permittee shall comply with all existing Federal regulations governing the disposal of sewage sludge. Upon promulgation of 40 CFR Part 503, any permit issued by the Permit Issuing Authority for the utilization/disposal of sludge may be reopened and modified, or revoked and reissued, to incorporate applicable requirements at 40 CFR 503. The Permittee shall comply with applicable 40 CFR 503 Standards for the Use and Disposal of Sewage Sludge (when promulgated) within the time provided in the regulation, even if the permit is not modified to incorporate the requirement. The Permittee shall notify the Permit Issuing Authority of any significant change in its sludge use or disposal, practices. 7. Power Failures The Permittee is responsible for maintaining adequate safeguards (as required by 15A NCAC 2H.0124 — Reliability) to prevent the discharge of untreated or inadequately treated wastes during electrical power failures either by means of alternate power sources, standby generators or retention of inadequately treated effluent. Section D. Monitoring and Records 1. Representative Sampling Samples collected and measurements taken, as required herein, shall be characteristic of the volume and nature of the permitted discharge. Samples collected at a frequency less than daily shall be taken on a day and time that is characteristic of the discharge over the entire period the sample represents. All samples shall be taken at the monitoring points specified in this permit and, unless otherwise specified, before the effluent joins or is diluted by any other wastestream, body of water, or substance. Monitoring points shall not be changed without notification to and the approval of the Permit Issuing Authority [40. CFR 122.41 (j)]. 2. Reporting Monitoring results obtained during the previous month(s) shall be summarized for each month and reported on a monthly Discharge Monitoring Report (DMR) Form (MR 1, 1.1, 2, 3) or alternative forms approved by the Director, postmarked no later than the 28th day following the completed reporting period. The first DMR is due on the last day of the month following the issuance of the permit or in the case of a new facility, on the last day of the month, following the commencement of discharge. Duplicate signed copies of these, and all other reports required herein, shall be submitted to the following address: NC DENR / Division of Water Quality / Water Quality Section ATTENTION: Central Files 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Version 612012003 NPDES Permit Requirements Page 9 of 16 Flow Measurements Appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges. The devices shall be installed, calibrated and maintained to ensure that the accuracy of the measurements is consistent with the accepted capability of that type of device. Devices selected shall be capable of measuring flows with a maximum deviation of less than 10% from the true discharge rates throughout the range of expected discharge volumes. Flow measurement devices shall be accurately calibrated at a minimum of once per year and maintained to ensure that the accuracy of the measurements is consistent with the accepted capability of that type of device. The Director shall approve the flow measurement device and monitoring location prior to installation. Once -through condenser cooling water flow monitored by pump logs, or pump hour meters as specified in Part I of this permit and based on the manufacturer's pump curves shall not be subject to this:requirement. 4. Test Procedures Test procedures for the analysis of pollutants shall conform to the EMC regulations (published pursuant to NCGS 143-215.63 et. seq.), the Water and Air Quality Reporting Acts, and to regulations published pursuant to Section 304(g), 33 USC 1314, of the Federal Water Pollution Control Act (as Amended), and 40 CFR 136; or in the case of sludge use or disposal, approved under 40 CFR 136, unless otherwise specified in 40 CFR 503, unless other test procedures have been specified in this permit [40 CFR 122,41]. To meet the intent of the monitoring required by this permit, all test procedures', must produce minimum detection and reporting levels that are below the permit discharge requirements and all data generated must be reported down to the minimum detection or lower reporting level of the procedure. If,'lno approved methods are determined capable of achieving minimum detection and reporting levels below permit discharge requirements, then the most sensitive (method with,the lowest possible detection and reporting level) approved method must be used. 5. Penalties for Tampering The Clean Water Act provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any monitoring device or method required to be maintained under this permit shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. If a conviction of a person is for a violation committed after a first conviction''' of such person under this paragraph, punishment is a fine of not more than $20,000 per day of violation, or by imprisonment of not more than 4 years, or both [40 CFR 122.41]. 6. Records Retention Except for records of monitoring information required by this permit related to the Permittee's sewage sludge use and disposal activities, which shall be retained for a period of at least five years (or longer as required by 40 CFR 503), the Permittee shall retain records of all monitoring information, including. ➢ all calibration and maintenance records ➢ all original strip chart recordings for continuous monitoring instrumentation ➢ copies of all reports requiredby this permit ➢ copies of all data used to complete the application for this permit These records or copies shall be maintained for a period of at least 3 years from the date of the sample, measurement, report or application. This period may be extended by request of the Director at any time [40 CFR 122.41]. 7. Recording Results For each measurement or sample taken pursuant to the requirements of this permit, ,the Permittee shall record the following information [40 CFR 122.41]: a. The date, exact place, and time of sampling or measurements; b. The individual(s) who performed the sampling or measurements; c. The date(s) analyses were performed; d. The individual(s) who performed the analyses; Version 6/20/2003 40 NPDES Permit Requirements Page 10 of 16 e. The analytical techniques or methods used; and f. The results of such analyses. 8. Inspection and EntU The Permittee shall allow the Director, or an authorized representative (including an authorized contractor acting as a representative of the Director), upon the presentation of credentials and other documents as may be required by law, to; a. Enter upon the Permittee's premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of this permit; b. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this permit; c. Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this permit; and d. Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise authorized by the Clean Water Act, any substances or parameters at any location [40 CFR 122.41 (i)]. Section E Reporting Requirements 1. Change in Discharge All discharges authorized herein shall be consistent with the terms and conditions of this permit. The discharge of any pollutant identified in this permit more frequently than or at a level in excess of that authorized shall constitute a violation of the permit. 2. Planned Changes The Permittee shall give notice to the Director as soon as possible of any planned physical alterations or additions to the permitted facility [40 CFR 122.410)]. Notice is required only when: a. The alteration or addition to a permitted facility may meet one of the criteria for new sources at 40 CFR 122.29 (b); or b. The alteration or addition could significantly change the nature or increase the quantity of pollutants discharged. This notification applies to pollutants subject neither to effluent limitations in the permit, nor to notification requirements under 40 CFR 122.42 (a) 0). c. The alteration or addition results in a significant change in the Permittee's sludge use or disposal practices, and such alternation, addition or change may justify the application of permit conditions that are different from or absent in the existing permit, including notification of additional use or disposal sites not reported during the permit application process or not reported pursuant to an approved land application plan. 3. Anticipated Noncompliance The Permittee shall give advance notice to *the Director of any planned changes to the permitted facility or other activities that might result in noncompliance with the permit [40 CFR 122.410) (2)]. 4. Transfers This permit is not transferable to any person except after notice to the Director. The Director may require — modification or revocation and reissuance of the permit to document the change of ownership. Any such action may incorporate other requirements as may be necessary under the Clean Water Act [40 CFR 122.41 0) (3)]. 5. Monitoring Reports Monitoring results shall be reported at the intervals specified elsewhere in this permit [40 CFR 122.410) (4)]. a. Monitoring results must be reported on a Discharge Monitoring Report (DMR) (See Part II. D. 2) or forms provided by the Director for reporting results of monitoring of sludge use or disposal practices. b. If the Permittee monitors any pollutant more frequently than required by this permit, the results of such monitoring shall be included in the calculation and reporting of the data submitted on the DMR. Version 612012003 J t� NPDES Permit Requirements Page 11 of 16 6. Twenty-four Flour Reporting a. The Permittee shall report to the Director or the appropriate Regional Office any noncompliance that potentially threatens public health, or the environment. Any information shall be; provided orally within 24 hours from the time the Permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the Permittee becomes aware of the circumstances. The written submission shall contain a description of the noncompliance, and its cause; the ,period of noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance [40 CFR 122.410) (6)]. b. The Director may waive the written report on a case -by -case basis for reports under this section if the oral report has been received within 24 hours. c. Occurrences outside normal business hours may also be reported to the Division's Emergency Response personnel at (800) 662-7956, (800) 858-0368 or (919) 733-3300. 7. Other Noncompliance The Permittee shall report all instances of noncompliance not reported -under Part II. E. 5 and 6. of this permit at the time monitoring reports are submitted. The reports shall contain the information listed in Part II. E. 6. of this permit [40 CFR 122.410) (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 0) (8)]. 9. Noncompliance Notification The Permittee shall report by telephone to either the central office or the appropriate regional office of the Division as soon as possible, but in no case more than 24 hours or on the next working day following the occurrence or first knowledge of the occurrence of any of the following a. Any occurrence at the water pollution control facility which results in the discharge of significant amounts of wastes which are abnormal in quantity or characteristic, such as the dumping of the contents of a sludge digester; the known passage of a slug of hazardous substance through the facility; or any other unusual circumstances. b. Any process unit failure, due to known or unknown reasons, that render the facility incapable of adequate wastewater treatment such as mechanical or electrical failures of pumps, aerators, compressors, etc. c. Any failure of a pumping station, sewer line, or treatment facility resulting in a by-pass directly to receiving waters without treatment of all or any portion of the influent to such station or facility. ;I Persons reporting such occurrences by telephone shall also file a written report within 5 days following first knowledge of the occurrence. 10. Availability off its Except for data determined to be confidential under NCGS 143-215.3 (a)(2) or Section 308 of the Federal Act, 33 USC 1318, all reports prepared in accordance with the terms shall be available for public inspection at the offices of the Division of Water Quality. As required by the Act, effluent data shall not be considered confidential. Knowingly making any false statement on any such report may result in the imposition of criminal penalties as provided for in NCGS 143-215.1(b)(2) or in Section 309 of the Federal Act. 11. Penalties for Falsification of Reports The Clean Water Act provides that any person who knowingly makes any false statement, representation, or certification in any record or other document submitted or required to be maintained under this permit, including monitoring reports or reports of compliance or noncompliance shall, upon conviction, be punished by a fine of Version 6120/2000 r__1 L—..A NPDES Permit Requirements Page 12 of 16 not more than $25,000 per violation, or by imprisonment for not more than two years per violation, or by both [40 CFR 122.41]. 12. Annual Performance Reports Permittees who own or operate facilities that collect or treat municipal or domestic waste shall provide an annual report to the Permit Issuing Authority and to the users/customers served by the Permittee (NCGS 143-215.1C). The report shall summarize the performance of the collection or treatment system, as well as the extent to which the facility was compliant with applicable Federal or State laws, regulations and rules pertaining to water quality. The report shall be provided no later than sixty days after the end of the calendar or fiscal year, depending upon which annual period is used for evaluation. PART III OTHER REQUIREMENTS Section A. Construction The Permittee shall not commence construction of wastewater treatment facilities, nor add to the plant's treatment capacity, nor change the treatment process(es) utilized at the treatment plant unless the Division has issued an Authorization to Construct (AtC) permit. Issuance of an AtC will not occur until Final Plans and Specifications for the proposed construction have been submitted by the Permittee and approved by the Division. Section B. Groundwater Monitorin The Permittee shall, upon written notice from the Director of the Division of Water Quality, conduct groundwater monitoring as may be required to determine the compliance of this NPDES permitted facility with the current groundwater standards. Section C. Changes in Discharges of Toxic Substances The Permittee shall notify the Permit Issuing Authority as soon as it knows or has reason to believe (40 CFR 122.42): a. That -any activity has occurred or will occur which would result in the discharge, on a routine or frequent basis, of any toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels"; 0) One hundred micrograms per liter 000 µg/L); (2) Two hundred micrograms per liter (200 µg/L) for acrolein and acrylonitrile; five hundred micrograms per liter (500 µg/L) for 2.4-dinitrophenol and for 2-methyl-4.6-dinitrophenol; and one milligram per liter (1 mg/L) for antimony; (3) Five times the maximum concentration value reported for that pollutant iri the permit application. b. That any activity has occurred or will occur which would result in any discharge, on a non -routine -or infrequent basis, of a toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels'; 0) Five hundred micrograms per liter (500 µg/L); (2) One milligram per liter 0 mg/L) for antimony; (3) Ten times the maximum concentration value reported for that pollutant in the permit application. Section D. Evaluation of Wastewater Discharge Alternatives The Permittee shall evaluate all wastewater disposal alternatives and pursue the most environmentally sound alternative of the reasonably cost effective alternatives. If the facility is in substantial non-compliance with the 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. Facilfty Closure Requirements The Permittee must notify the Division at least 90 days prior to the closure of any wastewater treatment system covered by this permit. The Division may require specific measures during deactivation of the system to prevent Version 612012003 • NPDES Permit Requirements Page 13 of 16 adverse impacts to waters of the State. This permit cannot be rescinded while any activities :requiring this permit continue at the permitted facility. PART IV SPECIAL CONDITIONS FOR MUNCIPAL FACILITIES Section A Publicly Owned Treatment Works (POTWs) All POTWs must provide adequate' notice to the Director of the following. 1. , Any new introduction of pollutants into the POTW from an indirect discharger which would be subject to section 301 or 306 of CWA if it were directly discharging those pollutants; and 2. Any substantial change in the volume or character of pollutants being introduced by an indirect discharger as influent to that POTW at the time of issuance of the permit. 3. For purposes of this paragraph, adequate notice shall include information on (1) the quality and quantity of effluent introduced into the POTW, and (2) any anticipated impact of the change on the quantity or quality of effluent to be discharged from the POTW. Section B. Municipal Control of Pollutants from Industrial Users. Effluent limitations are listed in Part I of this permit. Other pollutants_ attributable to inputs from industries using the municipal system may be present in the Permittee's discharge. At such time as 1. sufficient information becomes available to establish limitations for such pollutants, this permit may be revised to specify effluent limitations .for any or all of such other pollutants; in accordance with best practicable technology or water quality'standards. 2. Under no circumstances shall the Permittee allow introduction of the following wastes in the waste treatment system: a. Pollutants which create a fire or explosion hazard in the POTW, including, but not limited to, wastestreams with a closed cup flashpoint of less than 140 degrees Fahrenheit or 60 degrees Centigrade using the test methods specified in 40 CFR 261.21; b. Pollutants which will cause corrosive structural damage to the POTW, but in no case Discharges with pH lower than 5.0, unless the works is specifically designed to accommodate such Discharges; c. Solid or viscous pollutants in amounts which will cause obstruction to the flow in the POTW resulting in Interference; d. Any pollutant, including oxygen demanding pollutants (BOD, etc.) released in a Discharge at a flow rate and/or pollutant concentration which will cause Interference with the POTW; e. Heat in amounts which will inhibit biological activity in the POTW resulting in Interference, but in no case heat in such quantities that the temperature at the POTW 'Treatment Plant exceeds 40°C (104°F) unless the Division, upon request of the POTW, approves alternate temperature limits; £ Petroleum oil, nonbiodegradable cutting oil, or products of mineral oil origin in amounts that will cause interference or pass through; g. Pollutants which result in the presence of toxic gases, vapors, or fumes within the POTW in a quantity that may cause acute worker health and safety problems; h. Any trucked or hauled pollutants, except at discharge points designated by ',the POTW. 3. With regard to the effluent requirements listed in Part I of this permit, it may be necessary for the Permittee to supplement the requirements of the Federal Pretreatment Standards (40 CFR, Part 403) to ensure compliance by the Permittee with all applicable effluent limitations. Such actions by the Permittee may be necessary regarding some or all of the industries discharging to the municipal system. 4. The Permittee shall require any industrial discharges sending influent to the permitted system to meet Federal Pretreatment Standards promulgated in response to Section 307(b) of the Act. Prior to accepting wastewater from any significant industrial user, the Permittee shall either develop and submit to the Version 612012003 • r NPDES Permit Requirements Page 14 of 16 Division a Pretreatment Program for approval per 15A NCAC 2H .0907(a) or modify an existing Pretreatment Program per 15A NCAC 2H .0907(b). 5. This permit shall be modified, or alternatively, revoked and reissued, to incorporate or modify an approved POTW Pretreatment Program or to include a compliance schedule for the development of a POTW Pretreatment Program as required under Section 402(b)(8) of the Clean Water Act and implementing regulations or by the requirements of the approved State pretreatment program, as appropriate. Section C. Pretreatment Programs Under authority of sections 307(b) and (c) and 402(b)(8) of the Clean Water Act and implementing regulations 40 CFR Part 403, North Carolina General Statute 143-215.3 (14) and implementing regulations 15A NCAC 2H .0900, and in accordance with the approved pretreatment program, all provisions and regulations contained and referenced in the Pretreatment Program Submittal are an enforceable part of this permit. The Permittee shall operate its approved pretreatment program in accordance with Section 402(b)(8) of the Clean Water Act, the Federal Pretreatment Regulations 40 CFR Part 403, the State Pretreatment Regulations 15A NCAC 2H .0900, and the legal authorities, policies, procedures, and financial provisions contained in its pretreatment program submission and Division approved modifications there of. Such operation shall include but is not limited to the implementation of the following conditions and requirements: Sewer Use Ordinance (SUO) The Permittee shall maintain adequate legal authority to implement its approved pretreatment program. 2. Industrial Waste Survey (IWS The Permittee shall update its Industrial Waste Survey (IWS) to include all users of the sewer collection system at least once every five years. 3. Monitoring Plan The Permittee shall implement a Division approved Monitoring Plan for the collection of facility specific data to be used in a wastewater treatment plant Headworks Analysis (HWA) for the development of specific pretreatment local limits. Effluent data from the Plan shall be reported on the DMRs (as required by Part II, Section D, and Section E.S.). 4. Headworks Analysis (HWAand Local Limits The Permittee shall obtain Division approval of a Headworks Analysis (HWA) at least once every five years, and as required by the Division. Within 180 days of the effective date of this permit (or any subsequent permit modification) the Permittee shall submit to the Division a written technical evaluation of the need to revise local limits (i.e., an updated HWA or documentation of why one is not needed) [40 CFR 122.421. 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. Industrial User Pretreatment Permits IUP) & Allocation Tables In accordance with NCGS 143-215.1, the Permittee shall issue to all significant industrial users, permits for operation of pretreatment equipment and discharge to the Permittee's treatment works. These permits shall contain limitations, sampling protocols, reporting requirements, appropriate standard and special conditions, and compliance schedules as necessary for the installation of treatment and control technologies to assure that their wastewater discharge will meet all applicable pretreatment standards and requirements. The Permittee shall maintain a current Allocation Table (AT) which summarizes the results of the Headworks Analysis (HWA) and the limits from all Industrial User Pretreatment Permits (IUP). Permitted IUP loadings for each parameter cannot exceed the treatment capacity of the POTW as determined by the HWA. Version 612012003 0 NPDES Permit Requirements Page 15 of 16 Authorization to Construct (A to C) The Permittee shall ensure that an Authorization to Construct permit (AtC) is issued to all applicable industrial users for the construction or modification of any pretreatment facility. Prior to the issuance of an AtC, the proposed pretreatment facility and treatment process must be evaluated for its capacity to comply with all Industrial User Pretreatment Permit (IUP) limitations. POTW Inspection & Monitoring of their SIUs The Permittee shall conduct inspection, surveillance, and monitoring activities as described in its Division approved pretreatment program in order to determine, independent of information supplied by industrial users, compliance with applicable pretreatment standards. The Permittee must: a. Inspect all Significant Industrial Users (SIUs) at least once per calendar year; and b. Sample all Significant Industrial Users (SIUs) at least twice per calendar year for all permit - limited pollutants, once during the period from January 1 through June 30 and once during the period from July 1 through December 31, except for organic compounds which shall be sampled once per calendar year; 8. SIU Self Monitoring and Reporting The Permittee shall require all industrial users to comply with the applicable monitoring and reporting requirements outlined in the Division approved pretreatment program, the industry's pretreatment permit, or in 15A NCAC 2H .0908. 9. Enforcement Response Plan (ERP) The Permittee shall enforce and obtain appropriate remedies for violations of all pretreatment standards promulgated pursuant to section 307(b) and -(c) of the Clean Water Act (40 CFR 405 et. seq.), prohibitive discharge standards as set forth in 40 CFR 403.5 and 15A NCAC 2H .0909, and specific local limitations. All enforcement actions shall be consistent with the Enforcement Response Plan (ERP) approved by the Division. 10. Pretreatment Annual Reports The Permittee shall report to the Division in accordance with 15A NCAC 2H .0908. In lieu of submitting annual reports, Modified Pretreatment Programs developed under 15A NCAC 2H .0904 (b) may be required to meet with Division personnel periodically to discuss enforcement of pretreatment requirements and other pretreatment implementation issues. For all other active pretreatment programs, the Permittee shall submit two copies' -of a Pretreatment Annual Report (PAR) describing its pretreatment activities over the previous twelve months to the Division at the following address: NC DENR / DWQ / Pretreatment Unit 1617 Mail Service Center Raleigh, NC 27699-1617 These reports shall be submitted according to a schedule established by the Director and shall contain the following. a.) Narrative A brief discussion of reasons for, status of, and actions taken for all Significant Industrial Users (SIUs) in Significant Non -Compliance (SNC); b.) Pretreatment Program Summa (PPS) A pretreatment program summary (PPS) on specific forms approved by the Division; c.) Significant Non -Compliance Report (SNCRI 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 (,IDSFI Version 612012003 El NPDES Permit Requirements Page 16 of 16 Monitoring data from samples collected by both the POTW and the Significant Industrial User (SIU). These analytical results must be reported on Industrial Data Summary Forms (IDSF) or other specific format approved by the Division; e.) Other Information Copies of the POTW's allocation table, new or modified enforcement compliance schedules, public notice of SIUs in SNC, and any other information, upon request, which in the opinion of the Director is needed to determine compliance with the pretreatment implementation requirements of this permit; 11: Public Notice The Permittee shall publish annually a list of Significant Industrial Users (SIUs) that were in Significant Non -Compliance (SNC) as defined in the Permittee's Division approved Sewer Use Ordinance with applicable pretreatment requirements and standards during the previous twelve month period. This list shall be published within four months of the applicable twelve-month period. 12. Record Keeping The Permittee shall retain for a minimum of three years records of monitoring activities and results, along with support information including general records, water quality records, and records of industrial impact on the POTW. 13. Funding and Financial Report The Permittee shall maintain adequate funding and staffing levels to accomplish the objectives of its approved pretreatment program. 14. Modification to Pretreatment Programs Modifications to the approved pretreatment program including but not limited to local limits modifications, POTW monitoring of their Significant Industrial Users (SIUs), and Monitoring Plan modifications, shall be considered a permit modification and shall be governed by 15 NCAC 2H .0114 and 15A NCAC 2H.0907.. Version 612012003 Frazier, Wanda From: Frazier, Wanda Sent: Friday, June 18, 2010 3:48 PM To: Weaver, Charles Cc: Edwards, Roger Subject: FW: DRAFT permit renewal for Eagles Nest Camp WWTP (NCOO51O21) Attachments: 51021 box.doc; Eaglemap.ppt; 51021 Expedited Fact Sheet.doc; NCOO51021 6-15-1O.pdf; 51021 a cover page 2O1O.doc Hi Charles, I met with the operator, Keith Bond and did a sampling inspection at Eagle's Nest Camp this week. Everything looks good. Attached is that inspection report. Here's what I would change: Supplement to permit cover page: see attachment Continue to operate ... 0.008 MGD extended aeration package plant with: bar screen, aeration basin with dual blowers providing diffused air; rectangular clarifier with skimmer and sludge return; tablet chlorinator; chlorine contact chamber; Isco Ultrasonic 4120 flow meter; and tablet dechlorinator. I feel that everything else in the attached documents is accurate. ARO recommends renewal of this permit. Is this email sufficient? 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 1 Switchboard: 828-296-4500 x 4662 Direct line: 828-296-4662 Fax: 828-299-7043 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. From: Weaver, Charles Sent: Tuesday, June 08, 2010 10:48 AM To: Frazier, Wanda; Pugh, James L. Subject: DRAFT permit renewal for Eagles Nest Camp WWTP (NC0051021) This is a class WW-2 facility in Transylvania County. Please send me any comments by June 25tn Thanks, CHW 9 FACT SHEET FOR EXPEDITED PERMIT RENEWALS This form must be completed by Permit Writers for all expedited permits which do not require full Fact Sheets. Expedited permits are generally simple 100% domestics (e.g., schools, mobile home parks, etc) that can be administratively renewed with minor changes, but can include facilities with more complex issues (Special Conditions, 303(d) listed water, toxicity testing, instream monitoring, compliance concerns). Basic Information for Expedited Permit Renewals Permit Writer/Date Charles H. Weaver — 6/8/2010 Permit Number NC0051021 . Facility Name Eagle's Nest Camp WWTP Basin Name/Sub-basin number French Broad / 04-03-01 Receiving Stream Little River Stream Classification in Permit C Does permit need Daily Max NH3 limits? No Does permit need TRC limits/language? No — already present Does permit have toxicity testing? No Does permit have Special Conditions? No Does permit have instream monitoring? No Is the stream impaired (on 303(d) list)? No Any obvious compliance concerns? No Any permit mods since lastpermit? No New expiration date 9/30/2015 Comments received on Draft Permit? Most Commonly Used Expedited Language: • 303(d) language for Draft/Final Cover Letters: "Please note that the receiving stream is listed as an impaired waterbody on the North Carolina 303(d) Impaired Waters List. Addressing impaired waters is a high priority with the Division, and instream data will continue to be evaluated. If there is noncompliance with permitted effluent limits and stream impairment can be attributed to your facility, then mitigative measures may be required". • TRC laneuaLye for Compliance Level for Cover Letters/Effluent Sheet Footnote: "The facility shall report all effluent TRC values reported by a NC certified laboratory including field certified. However, effluent values below 50 µg/1 will be treated as zero for compliance purposes." Permit NC0051021 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, Eagle's Nest Foundation is hereby authorized to discharge wastewater from a facility located at the Eagle's Nest Camp WWTP 43 Hart Rd Pisgah Forest Transylvania County to receiving waters designated as the Little River in subbasin 04-03-01 of the French Broad River Basin in accordance with effluent limitations, monitoring requirements, and other conditions set forth in Parts I, II, III and IV hereof. This permit shall become effective This permit and authorization to discharge shall expire at midnight on September 30, 2015. Signed this day , Coleen H. Sullins, Director Division of Water Quality By Authority of the Environmental Management Commission Permit NC0051021 SUPPLEMENT TO PERMIT COVED 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. Eagle's Nest Foundation is hereby authorized to: 1. Continue to operate a 0.008 MGD extended aeration wastewater treatment facility that includes the following components: • Influent bar screen • Aeration basin • Two blowers • Rectangular clarifier • Baffled chlorine contact tank • Dechlorination facilities This facility located at the Eagle's Nest Camp WWTP, off Hart Road near Pisgah Forest in Transylvania County. 2. Discharge from said treatment works at the location specified on the attached map into the Little River, currently classified C waters in hydrologic unit 06010105 of the French Broad River Basin. Permit NC0051021 A. (1) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS During the period beginning on the effective date of this permit and lasting until expiration, the Permittee is authorized to discharge from outfall 001. Such discharges shall be limited and monitored by the Permittee as specified below: SPARAMETER [PCS CODE] o LIMITS MONITORING REQUIREMENTS I Monthly Daily_ e �leasuremeni -Sample Type Sample Location :.. Average Maximum Frequency a Flow [50050] 0.008 MGD Continuous Recording Influent or Effluent BOD, 5-day (20°C) [C0310] 30.0 mg/L 45.0 mg/L Weekly Grab Effluent April 1 — October 31 BOD, 5-day (20°C) [C0310] 30.0 mg/L 45.0 mg/L 2/Month Grab Effluent November 1 — March 31 Total Suspended Solids [C0530] 30.0 mg/L 45.0 mg/L Weekly Grab Effluent April 1 — October 31 Total Suspended Solids [C0530] 30.0 mg/L 45.0 mg/L 2/Month Grab Effluent November 1 — March 31 NH3 as N [C0310] 2/Month Grab Effluent Fecal Coliform [31616] (geometric mean) 200 / 100 ml 400 / 100 ml Weekly Grab Effluent April 1 — October 31 Fecal Coliform [31616] (geometric mean) 200 / 100 ml 400 / 100 ml 2/Month Grab Effluent November 1 — March 31 Total Residual Chlorine [50060] 28 pg/L 2/Week Grab Effluent Temperature (°C) [00010] Weekly Grab Effluent There shall be no discharge of floating solids or visible foam in other than trace amounts. NCO051021 - Eagle's Nest Camp Latitude: 35°15'05" Sub -Basin: 04-03-01 Longitude: 82038'40" uad #: Brevard, NC Stream Class: C Receiving Stream: Little River Hydrologic Unit: 06010105 -rnd ex . a 9 /\h� a ,� r & Transylvania County J�/ Map not to scale .tea NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary March 30, 2010 KYLE YOUNG PROPERTY MANAGER THE OUTDOOR ACADEMY 43 HART ROAD PISGAH FOREST NC 28768 Subject: Receipt of permit renewal application NPDES Permit NCO051021 Eagle's Nest Foundation - Camp Transylvania County Dear Mr. Young: The NPDES Unit received your permit renewal application on March 29, 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 Jeff Poupart at (919) 807-6309. Sincerely, x®r_� 40� Dina Sprinkle ' Point Source Branch - ^t cc: CENTRAL FILES Asheville Regional'£fice/Surface Water Protection NPDES Unit _ 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 NorthCaroli.na Internet: www.ncwaterquality.org �$ An Equal Opportunity i Affirmative Action Employer d THE OUTDOOR ACADEMY - Experiential education for young people, promoting the natural world and the betterment of human character. March 23, 2010 Mrs. Dina Sprinkle NC DENR / Water Quality / NPDES Unit 1617 Mail Service Center Raleigh, N 27699-1617 Dear Mrs. Sprinkle: Please find enclosed the NPDES permit application for Eagle's Nest Foundation. Eagle's Nest is requesting the renewal of this permit, as our existing permit expires 9/30/2010. There have been no changes to our system since our last permit application. Sincerely, Kyle Young Property Manager Eagle's Nest Foundation The Outdoor Academy • 43 Hart Road o Pisgah Forest, NC 28768 • (828) 877-4349 ' Fax (828) 884-2788 (All Seasons) Eagle's Nest Camp and Foundation • PO Box 5127 • Winston-Salem, NC 27113 • (336) 761-1040 • Fax (336) 727-0030 MnterAdd ess) Chartered non-profit since 19550 www.enf.org THE OUTDOOR ACADEMY Experiential education for young people, promoting the natural world and the betterment of human character. Sludge Management Due to the small volume of our system, we do not have a sludge holding tank. The sludge management for our system is handled by our subcontract operator. As he assesses the need, the sludge is pumped out of our facility and hauled away. During our high flow season of summer camp, this can happen one or twice a month. The Outdoor Academy • 43 Hart Road • Pisgah Forest, NC 28768 • (828) 877-4349 • Fax (828) 884-2788 (All Seasons) Eagle's Nest Camp and. Foundation • PO Box 6127 • Winston-Salem, NC 27113 • (336) 761-1040 • Fax (336) 727-0030 (Winter Address) Chartered non-profit since 1950 www. enf. org 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 INCO051021 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 Eagle's Nest Foundation Facility Name Eagle's Nest Foundation Mailing Address 43 Hart Rd. City Pisgah Forest State / Zip Code NC / 28768 Telephone Number 828-877-4349 Fax Number 828-884-2788 e-mail Address enf(a,enf.or 2. Location of facility producing c Check here if same address as above Street Address or State Road City State / Zip Code County 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 Eagle's Nest Foundation Mailing Address 43 Hart Rd. City Pisgah Forest State / Zip Code NC / 28768 Telephone Number 828-877-4349 Fax Number 828-884-2788 1 of 3 Form-D 05/08 NPDES APPLICATION - FORM D For privately owned treatment systems treating 100% domestic wastewaters <1.0 MGD 4. Description of wastewater: Facility Generating Wastewater(check all that apply): Industrial ❑ Number of Employees Commercial ❑ Number of Employees Residential ❑ Number of Homes School ❑ Number of Students/Staff Other ® Explain: Summer Camp & Semester Program Academy Describe the source(s) of wastewater (example: subdivision, mobile home park, shopping centers, restaurants, etc.): Summer Camp & Semester Program Academy Population served: 45-220 depending on season 5. Type of collection system ® 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 ® No 7. Name of receiving stream(s) (Provide a map showing the exact location of each outfall): Little River S. Frequency of Discharge: ® Continuous ❑ Intermi'ttent 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. An 0.008 MGD extended aeration wastewater treatment package plant 2 of 3 Form-D 05108 NPDES APPLICATION - FORM D For privately owned treatment systems treating 100% domestic wastewaters <1.0 MGD 10. Flow Information: Treatment Plant Design flow .008 MGD Annual Average daily flow .0017 MGD (for the previous 3 years) Maximum daily flow .0090 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. If more than one analysis is reported, report daily maximum and monthly average. If only one analysis is reported, report as daily maximum. Parameter Daily Maximum Monthly Average Units of Measurement Biochemical Oxygen Demand (BOD5) 40.3 7.64 MG/L Fecal Coliform 240 1.4 41100 ML Total Suspended Solids 24.2 5.23 MG/L Temperature (Summer) 27 19.1 ° C Temperature (Winter) 15 9.4 ° C pH 7.1 6.93 Units 13. List all permits, construction approvals and/or applications: Type Permit Number Type Hazardous Waste (RCRA) UIC (SDWA) NPDES NCO051021 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. _Kyle Young Property Manager Printed name of Person Signing Title EMWzMW� Date North Carolina General Statute 143-215.6 (b)(2) states: Any person who knowingly makes any false statement representation, or certification in any application, record, report, plan, or other document files or required to be maintained under Article 21 or regulations of the Environmental Management Commission implementing that Article, or who falsifies, tampers with, or knowingly renders inaccurate any recording or monitoring device or method required to be operated or maintained under Article 21 or regulations of the Environmental Management Commission implementing that Article, shall be guilty of a misdemeanor punishable by a fine not to exceed $25,000, or by imprisonment not to exceed six months, or by both. (18 U.S.C. Section 1001 provides a punishment by a fine of not more than $25,000 or imprisonment not more than 5 years, or both, for a similar offense.) 3 of 3 Form-D 05/08 r r M TMMAN Xs ern In 7lCAux ILLU uTE PitELMNARY MIGN COWCEPTS AND UP INAR EQUAL AM"KLM4EEL W-W%V�-WIYAi1L'7M�.1OE rKilllld L"T Wove DO NOT USE SlIFDINVALLA OM FOR CONSTRUCTION DUMMIMOVER FLONS rON FkOW E301i�iJtJ4TJOM — ELMIERGY IE TUM F[IR�lSEdG � F'I.+WTiJ�9ErCC+t�C!lOiR (PICIRMlIILY CxA�O? YiO M QImE NPFG � 1 TO FJL7$t1V14 ole LFT COI�IECr FO FJ�TN6 RJ�a #�IMGLMIH TEE &MLAT1CNVADES O XWTm r L�@ -1 C�TPN T;iG E*11MLI3E©pu Emir �fNFLJiElI7 WE lii1�MC I 11111 �IEO CAE �� Pm mCN" D®riM TO EQW MT10 * SLULiGE+10#�IfiG Y7;fIC 71- ¢ippMLLI -'-- T,LAm - a ICE CHLommum SCALE 1 *JCH m 6 FEET S OFL-VMM TYFlE FLDW SpUrna D=FoFt FLGWELUoub IM L SM SCREEN Nsr,FLL C ULVEMS �IR'YH.OaiE� r.+:.. � -... i .. 1 _ _ • ' J ' . .1 . �� III �L �Q•O/ 01 TC0rNECT B 1 TO SEPTIC TANKP.V.C. / SEPTIC ABANDON SEPTIC TANK.. G�Cj� 8 " P v:c. P BORE & JACK 30' OF �4" D.I. P. 101.34I X—x 10 4.0 9 FUTURE FENCE X 99.46 3+18 99.DO I - =X X X X X -X x x x - r� 100.00 EXISTING FENCE--------" 'i . } -o-' 1 j 1 1 } .. �� - 'A � ,. � .. PERMIT NO.: NC0051021 PERMITfEE NAME: Eagle s Nest Camp` FACILITY NAME: Eagle's Nest Camp Facility Status: Existing Permit Status: Renewal Major Pipe No.: 001 Minor 1 Design Capacity: 0.008 MGD Domestic (% of Flow): Industrial (% of Flow): 100 % NPDES WASTE L( ALLOCATION Comments: an old application made before 100% domestic policy was in place RECEIVING STREAM: Little River Class: C Sub -Basin: 04-03-01 Reference USES. Quad: GENE (please attach) County: Transylvania Regional Office: Asheville Regional Office Previous Exp. Date:_ 2/28/93 Treatment Plant Class: Classification changes within three miles: Requested by: Prepared by: .gnsan Rnhcnn Modeler Date Rec. # _YK�) 3 1434 Drainage Area (mi ) S'%, �/ fAvg. Streamflow (cfs): S" 7Q10 (cfs) 33,/ Winter 7Q10 (cfs) 30Q2 (cfs) 71. Toxicity Limits: IWC % Acute/Chronic Instream Monitoring: Parameters_ Upstream _ Downstream Location Location Effluent Characteristics Summer Winter BOD5 (mg/1) 36 NH3-N (mg/1) D.O. (mg/1) TSS (mg/1) 30 F. Col. (/100 ml) 4 k__ pH (SU) 121_� -� _ -- _,� nM -91993 Comments: �-t,�,,.-��- ;-aaii�,;.���," KOiN� — '- HL �YJidr1L v1L6�3:i'6S;C r--" L E, Facility Name: NPDES No.: Type of Waste: Facility Status: Permit Status: Receiving Stream: Stream Classification: Subbasin: County: Regional Office: Requestor: Date of Request: Topo Quad: FACT SHEET FOR WASTELOAD ALLOCATION Eagle's Nest Camp NCO051021 Domestic - 100% Existing Renewal Little River C 040301 Transylvania Asheville Robson 4/20/93 G8NE Request # 7434 Stream Characteristic: USGS # Date: Drainage Area (mi2): 59.9 Summer 7Q10 (cfs): 33.1 Winter 7 Q1 0 (cfs): 59.1 Average Flow (cfs): 185.8 30Q2 (cfs): 79.2 IWC (%): 0.04 Wasteload Allocation Summary (approach taken, correspondence with region, EPA, etc.) Facility requesting renewal of existing NPDES permit. Tech Support recommends renewal of existing limits. Special Schedule Requirements and additional comments from Reviewers: Recommended by: `` A , / 4 Date: 6/23/93 Reviewed by Instream Assessment Region isor: Permits Engineeri u M vmwfojffi�m WFOMAlf ate i s-� RETURN TO TECHNICAL SERVICES BY: JUL 25 13 ri 7 L71 Existing Limits: Wasteflow (MGD): BODS (mg/1): NH3N (mg/1): DO (mg/1): TSS (mg/1): Fecal Col. (/100 ml): pH (SU): Residual Chlorine (µg/1): Temperature (°C): TP (mg/1): TN (mg/1): Recommended Limits: Wasteflow (MGD): BODS (mg/1): NH3N (mg/1): DO (mg/1): TSS (mg/1): Fecal Col. (/100 ml): pH (SU): Residual Chlorine (µg/1) Temperature (°C): TP (mg/1): TN (mg/1): CONVENTIONAL PARAMETERS Monthly Average Summer Winter 0.008 30 monitor nr 30 nr nr nr monitor nr nr Monthly Average Summer Winter 0.008 30 monitor nr 30 nr nr nr monitor nr nr Limits Changes Due To: Change in 7Q10 data Change in stream classification Relocation of discharge Change in wasteflow - Other (onsite toxicity study, interaction, etc.) Instream data New regulations/standards/procedures New facility information WQ or EL FIR Parameter(s) Affected Parameter(s) are water quality limited. For some parameters, the available load capacity, of the immediate receiving water will be consumed. This may affect future water quality based effluent limitations for additional dischargers within this portion of the watershed. •' _X_ No parameters are water quality limited, but this discharge may affect future allocations. Alv a 3 0 INSTREAM MONITORING REQUIREMENTS Upstream Location: Downstream Location: Parameters: Special instream monitoring locations or monitoring frequencies: MISCELLANEOUS INFORMATION & SPECIAL CONDITIONS Adequacy of Existing Treatment Has the facility demonstrated the ability to meet the proposed new limits with existing treatment facilities? Yes No If no, which parameters cannot be met? Would a "phasing in" of the,new limits be appropriate? Yes No If yes, please provide a schedule (and basis for that schedule) with the regional office recommendations: If no, why not? Special Instructions or Conditions Wasteload sent to EPA? (Major) (Y or N) (If yes, then attach schematic, toxics spreadsheet, copy of model, or, if not modeled, then old assumptions that were made, and description of how it fits into basinwide plan) Additional Information attached? (Y or N) If yes, explain with attachments. 4 North. Carolina Department of Environmental Quality Pat McCrory Governor November 2, 2015 Mr. Kyle Young Eagle's Nest Foundation 43 Hart Rd Pisgah Forest, NC 28768 Donald R. van der Vaart Secretary Subject: Issuance of NPDES Permit NCO05102-1 Eagle's Nest Camp WWTP Transylvania County Class WW-2 Dear Mr. Young: Division personnel have reviewed and approved your application for renewal of the subject permit. Accordingly, we are forwarding the attached NPDES discharge permit. This permit is issued pursuant to the requirements of North Carolina General Statute 143-215.1 and the Memorandum of Agreement between North Carolina and the U.S. Environmental Protection Agency dated October 15, 2007 (or as subsequently amended). This final permit includes no major changes from the draft permit sent to you on September 9, 2015. If any parts, measurement frequencies or sampling requirements contained in this permit are unacceptable to you, you have the right to an adjudicatory hearing upon written request within thirty (30) days following receipt of this letter. This request must be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings (6714 Mail Service Center, Raleigh, North Carolina 27699-6714). Unless such demand is made, this decision shall be final and binding. Please note that this permit is not transferable except after notice to the Division. The Division may require modification or revocation and reissuance of the permit. This permit does not affect the legal requirements to obtain any other Federal, State, or Local governmental permit that may, be required. If you have any questions concerning this permit, please contact Charles Weaver at telephone number (919) 807- 6391. cc: Ce t 1 s Asheville Reg nna1 �fA P Unit - 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 512 Phone: 919 807-6300 / FAX 919 807-6489 / http://por al.ncdenr.org/w Since ly, S. Jay Zimmerman, Director Division of Water $escur es F�cCEIOr`ED Division of Water Resources Division Off WE I Resou ces NOV 2 4 2015 mzl Office NOV � 5 2015 Water Ouality Reqional Ooera shevilie Regional Orflce An Equal Opportunity/Affirmative Action Employer — 501/o Recycled/101/6 Post Consumer Paper Permit NCO051021 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF WATER RESOURCES PERMIT TO DISCHARGE WASTEWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the 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, Eagle's Nest Foundation is hereby authorized to discharge wastewater from a facility located at the Eagle's Nest Camp WWTP 43 Hart Rd Pisgah Forest Transylvania County to receiving waters designated as the Little River in subbasin 04-03-01 of the French Broad River Basin in accordance with effluent limitations, monitoring requirements, and other conditions set forth in Parts I, II, III and IV hereof. This permit shall become effective December 1, 2015. This permit and authorization to discharge shall expire at midnight on September 30, 2020. Signed this day November 2, 2015 S.,I',I� immerman, Director ivision of Water Resources By Authority of the Environmental Management Commission Page 1 of 5 Permit NCO051 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. Eagle's Nest Foundation is hereby authorized to: Continue to operate a 0.008 MGD extended aeration package plant that includes the following components: ➢ Manual bar screen ➢ Equalization tank (3000 gallon) with coarse bubble aeration, blower (35 scm), and dual pumps (20 gpm) ➢ Dual aeration tanks (5000 gallons each) with dual blowers (50 scm) ➢ Dual clarifiers (667 gallons each) with sludge return air-lift pumps ➢ Chlorine contact tank (250 gallon) with tablet chlorinator and Dechlorinator ➢ Effluent flow meter ➢ Sludge holding tank (2000 gallon) This facility located at the Eagle's Nest Camp WWTP, off Hart Road near Pisgah Forest in Transylvania County. 2. Discharge from said treatment works at the location specified on the attached map into the Little River, currently classified C waters in hydrologic unit 06010105 of the French Broad River Basin. Page 2 of 5 Permit NCO051021 ELECTRONIC REPORTING OF DISCHARGE MONITORING REPORTS [NCGS 143-215.1 (b)] Proposed federal regulations require electronic submittal of all discharge monitoring reports (DMRs) and specify that, if a state does not establish a system to receive such submittals, then permittees must submit DMRs electronically to the Environmental Protection Agency (EPA). The Division anticipates that these regulations will be adopted and is beginning implementation. NOTE: This special condition supplements or supersedes the following sections within Part 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 / Division of Water Resources / Information Processing Unit ATTENTION: Central Files / eDMR 1617 Mail Service Center Raleigh, NC 27699-1617 If a permittee is unable to use the eDMR system due to a demonstrated hardship or due to the facility being physically located in an area where less than 10 percent of the households have broadband access, then a temporary waiver from the NPDES electronic reporting requirements may be granted and discharge monitoring data may be submitted on paper DAM 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. Information on eDMR and application for a temporary waiver from the NPDES electronic reporting requirements is found on the following web page: .Iittp://portal.nedenr.org/web/wq/admiiVbog/ipu/ediiir Page 4 of 5 Permit NCO05 Part I A. (1) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS [15A NCAC 02B.0400 et seq., 15A NCAC 02B.0500 et seq.] During the period beginning on the effective date of this permit and lasting until expiration, the Permittee is authorized to discharge from outfall 001. Such discharges shall be limited and monitored' by the Permittee as specified below: PARAMETER [PCS CODE] LIMITS' MQNITOR05 REQUIREMENTS Monthly Averagp bail'y Maximum Measurement Freauenc : Sample.Type .Sample Location Flow Influent or [50050] 0.008 MGD Continuous Recording BOD, 5-day (20°C) [C0310] Effluent April 1— October 31 30.0 mg/L 45.0 mg/L Weekly Grab Effluent BOD, 5-day (20°C) [C0310] November 1— March 31 30.0 mg/L 45.0 mg/L 2/Month Grab Effluent Total Suspended Solids [C0530] April 1— October 31 30.0 mg/L 45.0 mg/L Weekly y Grab Effluent Total Suspended Solids [C0530] Effluent November 1— March 31 30.0 mg/L 45.0 mg/L 2/Month Grab NHs as N (C0610] 2/Month Grab Effluent Fecal Coliform (geometric mean) April 1— October 31 [31616] 200 / 100 ml 400 / 100 ml Weekly Grab Effluent Fecal Coliform (geometric mean) November 1— March 31 [31616] 200 / 100 ml 400 / 100 ml 2/Month Grab Effluent Total Residual Chlorine (TRC)2 [50060] 28 pg/L 2/Week Grab Effluent Temperature (°C) [00010] Weekly Grab Effluent Footnotes: 1. No later than 270 days from the effective date of this permit, the permittee shall begin submitting discharge monitoring reports- electronically using the Division's eDMR system [see A. (2)]. 2. The Permittee shall report all effluent TRC values reported by a NC-certifled laboratory [including field - certified]. Effluent values < 50 µg/L will be treated as zero for compliance purposes. There shall be no discharge of floating solids or visible foam in other than trace amounts. Page 3 of 5 Permit NC0051021 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. Signatory Requirements Su lements Section B. 11. b and su ersedes Section B. 11. d 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 H, Section B. (11.)(b). A person, and not a position, must be delegated signatory authority for eDMR reporting purposes. For eDMR submissions, the person signing and submitting the DMR must obtain an eDMR user account and login credentials to access the eDMR system. For more information on North Carolina's eDMR system, registering for eDMR and obtaining an eDMR user account, please visit the following web page: http://portal.ncdenr.org/web/wq/adniinibog/ipu/edmr Certification. Any person submitting an electronic DMR using the state's eDMR system shall make the following certification [40 CFR 122.221. NO OTHER STATEMENTS OF CERTIFICATION WILL BE ACCEPTED: U certify, underpenalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person orpersons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are signii cantpenalties 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 eriod may be extended by request of the Director at any time [40 CFR 122.41]. p Page 5 of 5 2090 Discharge Point PGa --'_i l � ,t!:,"1 �v`l�•� �. t' �/ ! i � � r � � mac^ / i � - - 61, 60 He M 2�6�� j • Li e ive ���i} 1SrC�,J-� rJ� �"'p,�`---����~ J �+\ �.j�� � ° �—. °\�✓/,� 40 `i Qd "•15 °� Oh1536 �nlr 1;� f Sit. J� } �11 • �� \ Creeks _r LR NCO051021 - EagLe's Nest Camp WWTP Latitude: 35015'05" Sub -Basin: 04-03-01 Longitude: 82038'40" Hydrologic Unit: 06010105 USGS Quad: Brevard, N.C. Stream Class: C Receiving Stream: Little River 121 WIN I Facility Location X Nft& Transylvania County Map not to scale DES Permit Standard Conditions PART II STANDARD CONDITIONS FOR NPDES PERMITS Section A. Definitions Page 1 of 18 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 SamVle 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 1PDES Permit Standard P (4) Constant time/constant volume: a series of grab samples of equal volume collected over a 24-hour pi constant time interval. Use of this method requires prior approval by the Director. This method may used in situations where effluent flow rates vary less than 15 percent. The following restrictions also ➢ 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 DES Permit Standard Conditions Page 3 of 18 ius Substance stance 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 $2,500 to $25,000 per day of violation, or Version 1110912011.1 e. JPDES Permit Standard P; imprisonment of not more than 1 year, or both. In the case of a second or subsequent conviction for violation, a person shall be subject to criminal penalties of not more than $50,000 per day of violatio imprisonment of not more than 2 years, or both. [33 USC 1319(c)(1) and 40 CFR 122.41(a)(2)] 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)] 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. Duly to Mitigate The Permittee shall take all reasonable steps to minimize or prevent any discharge or sludge use or disposal in violation of this permit with a reasonable likelihood of adversely affecting human health or the environment [40 CFR 122.41(d)]. Civil and Criminal Liability Except as provided in permit conditions on 'Bypassing" (Part II.C.4), "Upsets" (Part II.C.5) and 'Power Failures" (Part II.C.7), nothing in this permit shall be construed to relieve the Permittee from any responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3, 143-215.6 or Section 309 of the Federal Act, 33 USC 1319. Furthermore, the Permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 4. Oil and Hazardous Substance Liability Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the Permittee from any responsibilities, liabilities, or penalties to which the Permittee is or may be subject to under NCGS 143- 215.75 et seq. or Section 311 of the Federal Act, 33 USG 1321. Furthermore, the Permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 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 'DES Permit Standard Conditions Page 5 of 18 crability provisions of this permit are severable. If any provision of this permit, or the application of any provision of 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 detenmine 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. Du , to Reapply If the Permittee wishes to continue an activity regulated by this permit after the expiration date of this permit, the Pennittee 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 122.221. 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 C. 1PDES Permit Standard P; Changes to authorization: If an authorization under paragraph (b) of this section is no longer accurate a different individual or position has responsibility for the overall operation of the facility, a new aut satisfying the requirements of paragraph (b) of this section must be submitted to the Director prior to 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: "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 offines and imprisonment for knowing violations. " 12. Permit Actions This permit may be modified, revoked and reissued, or terminated for cause. The filing of a request by the Permittee for a permit modification, revocation and reissuance, or termination, or a notification of planned changes or anticipated noncompliance does not stay any permit condition [40 CFR 122.41(f)]. 13. Permit Modification, Revocation and Reissuance, or Termination The issuance of this permit does not prohibit the permit issuing authority from reopening and modifying the permit, revoking and reissuing the permit, or terminating the permit as allowed by the laws, rules, and regulations contained in Title 40, Code of Federal Regulations, Parts 122 and 123; Title 15A of the North Carolina Administrative Code, Subchapter 02H .0100; and North Carolina General Statute 143.215.1 et. al. 14. Annual Administering and Compliance Monitoring Fee Requirements The Permittee must pay the annual administering and compliance monitoring fee within thirty days after being billed by the Division. Failure to pay the fee in a timely manner in accordance with 15A NCAC 02H .0105(b)(2) may cause this Division to initiate action to revoke the permit. Section C. Operation and Maintenance of Pollution Controls 1. Certified Operator Owners of classified water pollution control systems must designate operators, certified by the Water Pollution Control System Operators Certification Commission (WPCSOCC), of the appropriate type and grade for the system, and, for each classification must [T15A NCAC 08G .0201]: a. designate one Operator In Responsible Charge (ORC) who possesses a valid certificate of the type and grade at least equivalent to the type and grade of the system; b. designate one or more Back-up Operator(s) in Responsible Charge (Back-up ORCs) who possesses a valid certificate of the type of the system and no more than one grade less than the grade of the system, with the exception of no backup operator in responsible charge is required for systems whose minimum visitation requirements are twice per year; and c. submit a signed completed "Water Pollution Control System Operator Designation Form" to the Commission (or to the local health department for owners of subsurface systems) countersigned by the designated certified operators, designating the Operator in Responsible Charge (ORC) and the Back-up Operator in Responsible Charge (Back-up ORC): (1) 60 calendar days prior to wastewater or residuals being introduced into a new system; or (2) within 120 calendar days following: ➢ receiving notification of a change in the classification of the system requiring the designation of a new Operator in Responsible Charge (ORC) and Back-up Operator in Responsible Charge (Back-up ORC) of the proper type and grade; or ➢ a vacancy in the position of Operator in Responsible Charge (ORC) or Back-up Operator in Responsible Charge (Back-up ORC). Version 1110912011.1 DES 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. ine 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 11, 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. 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 1PDES Permit Standard R (3) The Permit Issuing Authority may approve an anticipated bypass, after considering its adverse e. the Permit Issuing Authority determines that it will meet the three conditions listed above in Par (1) of this section. 5. Upsets a. Effect of an upset [40 CFR 122.41(n)(2)]: An upset constitutes an affirmative defense to an action brought for noncompliance with such technology based permit effluent limitations if the requirements of paragraph b. of this condition are met. No determination made during administrative review of claims that noncompliance was caused by upset, and before an action for noncompliance, is final administrative action subject to judicial review. b. Conditions necessary for a demonstration of upset: Any Permittee who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that: (1) An upset occurred and that the 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 ll.E.6.(b) of this permit. (4) The Permittee complied with any remedial measures required under Part II.B.2. of this permit. c. Burden of proof [40 CFR 122.41(n)(4)]: The Permittee seeking to establish the occurrence of an upset has the burden of proof in any enforcement proceeding. 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 Penmittee is responsible for maintaining adequate safeguards (as required by 15A NCAC 02H .0124) to prevent the discharge of untreated or inadequately treated wastes during electrical power failures either by means of alternate power sources, standby generators or retention of inadequately treated effluent. Section D. Monitoring and Records Representative Sampling Samples collected and measurements taken, as required herein, shall be representative of the permitted discharge. Samples collected at a frequency less than daily shall be taken on a day and time that is representative of the discharge for the period the sample represents. All samples shall be taken at the monitoring points specified in this permit and, unless otherwise specified, before the effluent joins or is diluted by any other wastestream, body -of water, or substance. Monitoring points shall not be changed without notification to and the approval of the Permit Issuing Authority [40 CFR 122.410)]. 2. Reporting Monitoring results obtained during the previous month(s) shall be summarized for each month and reported on a monthly Discharge Monitoring Report (DMR) Form (MR 1, 1. 1, 2, 3) or alternative forms approved by the Director, postmarked no later than the last calendar day of the month following the completed reporting period. The first DMR is due on the last day of the month following the issuance of the permit or in the case of a new facility, on the last day of the month following the commencement of discharge. Duplicate signed copies of these, And all other reports required herein, shall be submitted to the following address: Version 1110912011.1 'DES Permit Standard Conditions Page 9 of 18 NC DENR / Division of Water Resources / Water Quality Permitting Section ATTENTION: Central Files 1617 Mail Service Center Raleigh, North Carolina 27699-1617 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 WDES Permit Standard Pa; Recording Results For each measurement or sample taken pursuant to the requirements of this permit, the Permittee shall re 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 Pennittee'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 pen -nit compliance or as otherwise authorized by the CWA, any substances or parameters at any location [40 CFR 122.41(i)]. Section E ReportinIZ Requirements 1. Change in Discharge All discharges authorized herein shall be consistent with the terms and conditions of this permit. The discharge of any pollutant identified in this permit more frequently than or at a level in excess of that authorized shall constitute a violation of the permit. 2. Planned Changes The Permittee shall give notice to the Director as soon as possible of any planned physical alterations or additions to the permitted facility [40 CFR 122.41(1)]. Notice is required only when: a. The alteration or addition to a permitted facility may meet one of the criteria for new sources at 40 CFR 122.29(b); or b. The alteration or addition could significantly change the nature or increase the quantity of pollutants discharged. This notification applies to pollutants subject neither to effluent limitations in the permit, nor to notification requirements under 40 CFR 122.42(a)(1); or c. The alteration or addition results in a significant change in the Permittee's sludge use or disposal practices, and such alteration, addition or change may justify the application of permit conditions that are different from or absent in the existing permit, including notification of additional use or disposal sites not reported during the permit application process or not reported pursuant to an approved land application plan. 3. Anticipated Noncompliance The Permittee shall give advance notice to the Director of any planned changes to the permitted facility or other activities that might result in noncompliance with the permit [40 CFR 122.41(1)(2)]. 4. Transfers This permit is not transferable to any person without prior written notice to and approval from the Director in accordance with 40 CFR 122.61. The Director may condition approval in accordance with NCGS 143-215.1, in particular NCGS 143-215. 1 (b)(4)b.2., and may require modification or revocation and reissuance of the permit, or a minor modification, to identify the new permittee and incorporate such other requirements as may be necessary under the CWA [40 CFR 122.41(1)(3), 122.611 or state statute. Version 1110912011.1 DES Permit Standard Conditions Page 11 of 18 initoring Reports initoring results shall be reported at the intervals specified elsewhere in this permit [40 CFR 122.41(1)(4)]. a. Monitoring results must be reported on a Discharge Monitoring Report (DMR) (See Part II.D.2) or forms provided by the Director for reporting results of monitoring of sludge use or disposal practices. b. If the Permittee monitors any pollutant more frequently than required by this permit using test procedures approved under 40 CFR Part 136 and at a sampling location specified in this permit or other appropriate instrument governing the discharge, the results of such monitoring shall be included in the calculation and reporting of the data submitted on the DMR. 6. Twenty-four Hour Reporting a. The Permittee shall report to the Director or the appropriate Regional Office any noncompliance that potentially threatens public health or the environment. Any information shall be provided orally within 24 hours from the time the Permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the Permittee becomes aware of the circumstances. The written submission shall contain a description of the noncompliance, and its cause; the period of noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance [40 CFR 122.41(l)(6)]. b. The Director may waive the written report on a case -by -case basis for reports under this section if the oral report has been received within 24 hours. c. Occurrences outside normal business hours may also be reported to the Division's Emergency Response personnel at (800) 662-7956, (800) 858-0368 or (919) 733-3300. 7. Other Noncompliance The Permittee shall report all instances of noncompliance not reported under Part U.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. Also see reporting requirements for municipalities in Part IV.C.2.c. of this permit. 10. Availability of Reports Except for data determined to be confidential under NCGS 143-215.3 (a)(2) or Section 308 of the Federal Act, 33 USC 1318, all reports prepared in accordance with the terms shall be available for public inspection at the offices of the Division. As required by the Act, effluent data shall not be considered confidential. Knowingly making any false statement on any such report may result in the imposition of criminal penalties as provided for in NCGS 143- 215. 1 (b)(2) or in Section 309 of the Federal Act. Version 1110912011.1 11 1PDES Permit Standard Pal Penalties for Falsification of Reports The CWA provides that any person who knowingly makes any false statement, representation, or certific any record or other document submitted or required to be maintained under this permit, including monitoring reports or reports of compliance or noncompliance shall, upon conviction, be punished by a fine of not more than $25,000 per violation, or by imprisonment for not more than two years per violation, or by both [40 CFR 122.411. 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 DES Permit Standard Conditions Page 13 of 18 PART III OTHER REQUIREMENTS Section A. Construction a. The Permittee shall not commence construction of wastewater treatment facilities, nor add to the plant's treatment capacity, nor change the treatment process(es) utilized at the treatment plant unless (1) the Division has issued an Authorization to Construct (AtC) permit or (2) the Permittee is exempted from such AtC permit requirements under Item b. of this Section. b. In accordance with NCGS 143-215. 1 (a5) [SL 2011-394], no permit shall be required to enter into a contract for the construction, installation, or alteration of any treatment work or disposal system or to construct, install, or alter any treatment works or disposal system within the State when the system's or work's principle function is to conduct, treat, equalize, neutralize, stabilize, recycle, or dispose of industrial waste or sewage from an industrial facility and the discharge of the industrial waste or sewage is authorized under a permit issued for the discharge of the industrial waste or sewage into the waters of the State. Notwithstanding the above, the permit issued for the discharge may be modified if required by federal regulation. c. Issuance of an AtC will not occur until Final Plans and Specifications for the proposed construction have been submitted by the Permittee and approved by the Division. Section B. Groundwater Monitoring The Permittee shall, upon written notice from the Director, conduct groundwater monitoring as may be required to determine the compliance of this NPDES permitted facility with the current groundwater standards. Section C. Changes in DischarlZes 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 NDES Permit Standard Pad 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 Pennittee) 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)]: I . 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 DES Permit Standard Conditions Page 15 of 18 CWs must provide adequate notice to the Director of the following [40 CFR 122.42(b)]: y new introduction of pollutants into the POTW from an indirect discharger, regardless of the means of transport, which would be subject to section 301 or 306 of CWA if it were directly discharging those pollutants; and 2. Any substantial change in the volume or character of pollutants being introduced by an indirect discharger as influent to that POTW at the time of issuance of the permit. 3. For purposes of this paragraph, adequate notice shall include information on (1) the quality and quantity of effluent introduced into the POTW, and (2) any anticipated impact that may result from the change of the quantity or quality of effluent to be discharged from the POTW. Section C. Municipal Control of Pollutants from Industrial Users. 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. 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 3. El 5 JPDES Permit Standard Pal With regard to the effluent requirements listed in Part I of this permit, it may be necessary for the Permitl supplement the requirements of the Federal Pretreatment Standards (40 CFR, Part 403) to ensure compli, 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. 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)] This permit shall be modified, or alternatively, revoked and reissued, to incorporate or modify an approved POTW Pretreatment Program or to include a compliance schedule for the development of a POTW Pretreatment Program as required under Section 402 (b)(8) of the CWA and implementing regulations or by the requirements of the approved State pretreatment program, as appropriate. Section D. Pretreatment Programs Under authority of sections 307 (b) and (c) and 402(b)(8) of the CWA and implementing regulations 40 CFR 403, North Carolina General Statute 143-215.3(14) and implementing regulations 15A NCAC 02H .0900, and in accordance with the approved pretreatment program, all provisions and regulations contained and referenced in the pretreatment program submittal are an enforceable part of this permit. [40 CFR 122.440)(2)] The Permittee shall operate its approved pretreatment program in accordance with Section 402(b)(8) of the CWA, 40 CFR 403, 15A NCAC 02H .0900, and the legal authorities, policies, procedures, and financial provisions contained in its pretreatment program submission and Division approved modifications thereof. Such operation shall include but is not limited to the implementation of the following conditions and requirements. Terms not defined in Part II or Part IV of this permit are as defined in 15A NCAC 02H .0903 and 40 CFR 403.3. 1. Sewer Use Ordinance (SUO) The Permittee shall maintain adequate legal authority to implement its approved pretreatment program. [15A NCAC 02H .0903(b)(32), .0905 and .0906(b)(1); 40 CFR 403.8(f)(1) and 403.9(b)(1) and (2)] 2. Industrial Waste Survey(IWS) The Permittee shall implement an IWS consisting of the survey of users of the POTW collection system or treatment plant, as required by 40 CFR 403.8(f)(2)(i-iii) and 15A NCAC 02H .0905 [also 40 CFR 122.440)(1)], including identification of all Industrial Users that may have an impact on the POTW and the character and amount of pollutants contributed to the POTW by these Industrial Users and identification of those Industrial Users meeting the definition of SIU. Where the Permittee accepts wastewater from one or more satellite POTWs, the IWS for the Permittee shall address all satellite POTW services areas, unless the pretreatment program in those satellite service areas is administered by a separate Permittee with an approved Pretreatment Program. The Permittee shall submit a summary of its IWS activities to the Division at least once every five years, and as required by the Division. The IWS submission shall include a summary of any investigations conducted under paragraph C.2.c. of this Part. [15A NCAC 02H .0903(b)(13), .0905 and .0906(b)(2); 40 CFR 403.8(f)(2) and 403.91 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 DES Permit Standard Conditions Page 17 of 18 -orceable Pretreatment Standards as defined by 40 CFR 403.3(1). [15A NCAC 0211.0903(b)(10), .0905, and '06(b)(4)] i Industrial User Pretreatment Permits (IUP) & Allocation Tables In accordance with NCGS 1.43-215.1, the Permittee shall issue to all .Significant Industrial Users; permits for operation of pretreatment equipment and discharge to the Pennittee'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 WPs. Permitted IUP loadings for each parameter cannot exceed the treatment capacity of the POTW as determined by the HWA. [15A NCAC 02H .0906(b)(6), .0909, .0916, and .0917; 40 CFR 403.5, 403.8(f)(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 (lUP) limitations. [15A NCAC 02H .0906(b)(7) and..0905; NCGS 143- 215.1(a)(8)] 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 (SIUs) 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 Monitoringand Reporting The Permittee shall require all Industrial Users to comply with the applicable monitoring and reporting requirements outlined in the Division -approved pretreatment program, the industry's pretreatment permit, or in 15A NCAC 02H .0908. [15A NCAC 02H .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, enforcementactions and other, .shall be consistent with the Enforcement Response Plan (ERP) approved by the Division. [I5A 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 0214.0908. In lieu of submitting annual reports, Modified Pretreatment Programs developed under 15A NCAC 02H .0904 (b) may be required to submit a partial annual report or to meet with Division personnel periodically to discuss enforcement of pretreatment requirements and other pretreatment implementation issues. : For all other active pretreatment programs, the Permittee shall submit two copies of a Pretreatment Annual Report (PAR) describing its pretreatment activities over the previous calendar year to the Division at thefollowing address: Version 1110912011.1 4PDES Permit Standard Pal NC DENR / 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 1 of each year and shall contain the following: a. Narrative A narrative summary detailing actions taken, or proposed, by the Permittee to correct significant non- eompliance and to ensure compliance with pretreatment requirements; b. Pretreatment Program SummM (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 Suminary 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 within four months of the applicable twelve-month period.. [15A NCAC 02H .0903 (b)(34),.0908(b)(5) and .0905 and 40 CFR 403.8(f)(2)(viii)] 12. Record Keening 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 and shall retain all other Pretreatment Program records as required by 15A NCAC'02H .0908(f). [15A NCAC 02H .0908(f); 40 CFR 403.12(o)] 13. Pretreatment Program Resources The Permittee shall maintain adequate funding and qualified personnel to accomplish the objectives of its approved pretreatment program. and retain a written description of those current levels of inspection. [I5A NCAC 02H .0906(b)(9) and (10) 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 ($IUs), and Monitoring Plan modifications, shall be considered a permit modification and shall be governed by 40 CFR 403.18, 15 NCAC 02H .0114 and 15A NCAC 02H .0907. Version 1110912011.1 M :ayes Perdue UUM I lur NCDENR Carolina Department of Environment and Natural Resources Division of Water Quality Charles Wakild, P. E. Director June 22, 2012 MEMORANDUM TO: Chuck Cranford, Regional Water Quality Supervisor Asheville Regional'.Office, Division of Water Quality FROM: Ken Pohlig, Project Review Engineer Design Management Unit, Infrastructure Finance Section SUBJECT: Request for an Authorization to Construct Eagle's Nest Foundation -Camp WWTP NPDES Permit No. NCO051021 Dee Freeman Secretary Plans, specifications and supporting documents have been received for the subject project. It is requested that comments and recommendations, including the items listed below, be received by July 23, 2012 from the Regional Office Staff: CAMA Compliance With NC Well; Construction.Standards Groundwater Comments X Recommendations for inclusion in the Authorization to Construct Recommendations for inclusion in the Non Discharge Permit Schedule for Issuance of the NPDES Permit SOC, or Other Schedules Which Must be Met Standby Power Needs Status of Stormwater Permit Plan documents are submitted as follows for your reference, review, and comments on the above items: X_ Plans and Specifications Subsurface/Soils Report Power Outage Information Other If you have any questions, please contact me at (919) 707-9170 r♦:Y " ' ' ' "` Attachment` i � _ ,,'� ,� Mtn C�', `L �.,i ,= , j `�•', dr cc: Ken Pohlig, Ph.D., P.E. Delphine Randall _J ATC Files A:� Infrastructure Finance Section 1633 Mail Service Center, Raleigh, North Carolina 27699-1633 mQrie Location: 8th Floor Archdale Building, 512 N. Salisbury St. Raleigh, North Carolina 27604 -0iie rolina Phone: 919-707-91601 FAX: 919-715-6229 1 lntomnf-;enene�nr pfnmimlily nm A 1,711,E 0,7//1/ --i Governor 'MENR North Carolina Department of Environment and Natural Resources caves Perdue Division of Water Quality Charles Wakild, P.E. Dee Freeman Director Secretary June 22, 2012 Ms. Noni Waite-Kucera, Executive Director Eagle's Nest Foundation 43 Hart RoadLincoln County Public Works Pisgah Forest, North Carolina 28768 SUBJECT: Acknowledgement of Request for an Authorization to Construct No. 051021A01 Eagle's Nest Foundation , Eagle's Nest Foundation -Camp WWTP Wastewater Treatment Plant Replacement NPDES Permit No. 0051021 Dear Ms. Waite-Kucera: The Infrastructure Finance Section received your request for an Authorization to Construct and the supporting documentation on June 18, 2012. We will notify you and your engineer upon completion of our review. Your project has been assigned to Ken Pohlig. He can be reached at (919) 707-9170. If you have any questions concerning this matter, please contact me at (919) 707-9175. J•, %1 Sincerely, Seth Robertson, P.E., Supervisor Design Management Unit Infrastructure Finance Section cc: David L. Honeycutt, P.E. -McGill Associates, P.A. W ® Kheiille ' WRAMErMeW WQ Central Files Ken Pohlig, Ph.D., P.E. Delphine Randall ATC Files Infrastructure Finance Section - One 1633 Mail Service Center, Raleigh, North Carolina 27699-1633 Ol t�l� Location: 8(^ Floor Archdale Building, 512 N. Salisbury St. Raleigh, North Carolina 27604 1 v l�TCar®liria Phone: 919-707-91601 FAX: 919-715-6229%����� Internet: www.ncwaterquality.org North Carolina Division Of Water Quality Construction Grants & Loans Section Authorization To Construct (ATC) Application -dl (To Be Used On and After August 1, 2007) Date: 6/15/2012 Permittee/Owner Name: Eagle's Nest Foundation Professional Engineer of Record: David.L. Honeycutt, PE Contact Person:.Noni Waite-Kucera Engineering Firm: McGill Associates, P.A. Address: 43 Hart Rd. Address: 55 Broad Street Pisgah Forest, North Carolina 28768 Asheville, North Carolina 28801 Telephone Number: (828) 877-4349 Telephone Number: (828)252-.575 Please Note: The following items and information must be Information Is submitted to be considered a complete application' Provided Remarks/Explanation package. If any applicable item is missing the package will 0 be returned as incomplete. 1 Letter of request for ATC from Permittee/Owner or 0 Attached authorized agent with written authorization. 2 Brief description of the proposed project. 0 Specifications Section 01200 3 Complete copy of the NPDES permit or public notice of Attached a draft NPDES permit. 4 Design capacity in Million Gallons per Day (MGD). 0.008 MGD If new or expanding design capacity is greater than or 5 equal to 0.5 MGD, include a copy of Finding Of No El n/a Significant Impact (FNSI). Two sets of plans: signed, sealed, and dated by a NC 6 Professional Engineer and stamped "Final Drawing - Attached Not Released For Construction". 7 Two sets of technical specifications: signed, sealed, Attached and dated by a NC Professional Engineer. Two sets each of process, design, buoyancy, and 8 hydraulic profile calculations: signed, sealed, and dated Attached by a NC Professional Engineer. 9 Hydraulic profile and a flow schematic with sizes of " Attached major components on 81/2" X 11 paper. 10 Documentation that a Soil & Erosion Control permit has been to the Division Land El Not required: Less than 1 acre application submitted of disturbed area. Resources. Residuals Management Plan for all new or expanding 11 facilities producing residuals, or when modifying Attached residual facilities. 12 Construction Sequence Plan for all modifications. Specifications Section 01200 Please Note: The following items and information must be Information Is submitted to be considered a complete application package. If any applicable item is missing the package will Provided Remarks/Explanation be returned as incomplete. I 13 I 110 volt GFCI receptacle and potable water source I ® I I included on plans. I 14 I Hydrogeologic information must be provided if a I ElI n/a I potential for groundwater contravention exists. 15 For abandonment of WWTPs: a statement that the El n/a facility will be properly disconnected. 16 All property lines, construction easements, permanent easements, and ROW shown. 17 All wells within 200 feet of project shown. ® No wells within 200 ft 18 All houses and places of public assembly within 100 ® No houses or places of public feet shown. assembly within 100 ft Wetlands, watercourses, and drainage features within 19 50 feet of all wastewater treatment or storage facilities shown. 20 Identify on the plans each water body's watershed classification. 21 Plan sheets for all applicable disciplines. 22 Reliability per NCAC 2T .0505 (1). ® See attached description 23 Identify 100 year flood elevation on plans. 24 North arrow on each plan sheet. 25 Horizontal and vertical control. 26 Subsurface investigation for new structures. ❑ Contractor to verify soil bearing capacity Municipal/Public Facilities, also include the following: Engineer's Certification signed, sealed, and dated by 27 the Engineer Of Record stating that the project ❑ complies with G.S. 133-3., 28 Minority Business Forms for Local Government ❑ Projects. 29 Minority Business Guide. ❑ 30 Dispute Resolution with mediation for Local ❑ Governments. 31 Contract Duration included. ❑ Projects funded through CG&L must include the 32 Submittal Checklist, found under Plans & ❑ Specificiations at: http://www.nccgl.net/Engineering/plans.htm] Nest Foundation .VaO«,►„at=1 Treatment Plant Improvements r Sludge Management Plan Sludge generated by the facility will be hauled as a liquid at 1-2% solids to the Town or Brevard WWTP NPDES No. NCO060534 and disposed of under their sludge permit. Power Reliability Will be per NCAC 2T .0505 (1). (2). Facility serves a private water distribution system without backup power and no elevated storage tanks. Plant will flow and does not require power to prevent overflows. Fir RCDENR North Carolina Department of Environment and Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Governor Director Mr. Kyle Young Eagle's Nest Foundation 43 Hart Rd Pisgah Forest, N.C. 28768 Dear Mr. Young: October 21, 2010 JUN 1 8 2012 IrAkrastaicd4.ii,a $' inance Sa f'OQ Natural Resources Dee Freeman Secretary Subject: Issuance of NPDES Permit NCO051021 Eagle's Nest Camp WWTP Transylvania County Division personnel have reviewed and approved your application for renewal of the subject permit. Accordingly, we are forwarding the attached NPDES discharge permit. This permit is issued pursuant to the requirements of North Carolina General Statute 143-215.1 and the Memorandum of Agreement between North Carolina and the U.S. Environmental Protection Agency dated October 15, 2007 (or as subsequently amended). This final permit includes no changes from the draft permit sent to you on July 7, 2010. 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 Charles Weaver at telephone number (919) 807-6391. Sincerely, XCo leen H. Sullins cc: Central Files Asheville Regional Office/Surface Water Protection NPDES Unit 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 One�y 512 North Salisbury Street, Raleigh, North Carolina 27604 NofthCarolina Phone: 919 807-6300 / FAX 919 807-6495 / http://poial.ncdenr.org/web/wq �at�r //y Permit NCO051021 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY PERNIIT 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, Eagle's Nest Foundation is hereby authorized to discharge wastewater from a facility located at the Eagle's Nest Camp WWTP 43 Hart Rd Pisgah Forest Transylvania County to receiving waters designated as the Little River in subbasin 04-03-01 of the French Broad River Basin in accordance with effluent limitations, monitoring requirements, and other conditions set forth in Parts I, II, III and IV hereof. This permit shall become effective December 1, 2010. This permit and authorization to discharge shall expire at midnight on September 30, 2015. Signed this day October 21, 2010 Coleen H. Sullins, Director Division of Water Quality By Authority of the Environmental Management Commission Permit NCO051021 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. Eagle's Nest Foundation is hereby authorized to: Continue to operate a 0.008 MGD extended aeration package plant that includes the following components: ➢ Bar screen ➢ Aeration basin with dual blowers providing diffused air ➢ Rectangular clarifier with skimmer and sludge return ➢ Tablet chlorination with contact chamber ➢ Isco Ultrasonic 4120 flow meter ➢ Tablet dechlorination This facility located at the Eagle's Nest Camp WWTP, off Hart Road near Pisgah Forest in Transylvania County. 2. Discharge from said treatment works at the location specified on the attached map into the Little River, currently classified C waters in hydrologic unit 06010105 of the French Broad River Basin. CD }1 J I / � I Discharge Point MD lie mIN r\� �� ) M LF \671 Li e ive Lv 1534 0 mL _� 1536/ �\ `\ It ,� �`�`��- �` �—' -' _��� �p • `\ { • �L _�` Creek r F LH 2I0 7 NCO051021 - Eagle's Nest Camp Latitude: 35'15'05" Sub -Basin: 04-03-01 Longitude: 82°38'40" uad #: Brevard, NC Stream Class: C T 7rrl, P;—, uvrirnlnair 71nih 0010105 Facility: LocationL .. _ ., T'ansvIvania Countv Permit NCO051021 A. (1) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS During the period beginning on the effective date of this permit and lasting until expiration, the Permittee is authorized to discharge from outfall 001. Such discharges shall be limited and monitored by the Permittee as specified below: PARAMETER LIMITS MONITORING REQUIREMENTS [PCS CODE] Monthly Daily Measurement Sample Type Sample Location Average Maximum Frequency Flow 0.008 MGD Continuous Recording Influent or 50050 Effluent BOD, 5-day (20°C) [C0310] 30.0 mg/L 45.0 mg/L Weekly Grab Effluent April 1 — October 31 BOD, 5-day (20°C) [C0310] 30.0 mg/L 45.0 mg/L 2/Month Grab Effluent November 1 — March 31 Total Suspended Solids [C0530] 30.0 mg/L 45.0 mg/L Weekly Grab Effluent April 1 — October 31 Total Suspended Solids [C0530] 30.0 mg/L 45.0 mg/L 2/Month Grab Effluent November 1 — March 31 NH3 as N 2/Month Grab Effluent C0610 Fecal Coliform (geometric mean) April 1 — October 31 200 / 100 ml 400 / 100 ml Weekly Grab Effluent 31616 Fecal Coliform (geometric mean) November 1— March 31 200 / 100 ml 400 / 100 ml 2/Month Grab Effluent 31616 Total Residual Chlorine (TRC)l 28 pg/L 2/Week Grab Effluent 50060 Temperature (°C) Weekly Grab Effluent 00010 Footnotes: 1. The Permittee shall report all effluent TRC values reported by a NC -certified laboratory [including field -certified]. Effluent values below 50 µg/L will be treated as zero for compliance purposes. There shall be no discharge of floating solids or visible foam in other than trace amounts. 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. B ass The known diversion of waste streams from any portion of a treatment facility including the collection system, which is not a designed or established or operating mode for the facility. Calendar Dav Te 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 nil 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 •w-ith 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 NPDES Permit Standard Conditions Page 2 of 18 totalizer, and the preset gallon interval between sample collection fixed at no greater than 1/24 of the expected total daily flow at the treatment system, or (4) Constant time/constant volume: a series of grab samples of equal volume collected over a 24-hour period at a constant time interval. Use of this method requires prior approval by the Director. This method may only be used in situations where effluent flow rates vary less than 15 percent. The following restrictions also apply: ➢ Influent and effluent grab samples shall be of equal size and of no less than 100 milliliters ➢ 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). DWO 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. NPDES Permit Standard Conditions Page 3 of 18 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. Monthly Average (concentration limit) . The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar month. In the case of fecal coliform, the geometric mean of such discharges. Permit Issuing Authority The Director of the Division of Water Quality. Quarterly Average concentration limit). The average of all samples taken over a calendar quarter. Severe property damage Substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage excludes economic loss caused by delays in production. Toxic Pollutant: Any pollutant listed as toxic under Section 307(a)(1) of the CWA. Upset An incident beyond the reasonable control of the Permittee causing unintentional and temporary noncompliance with permit effluent limitations and/or monitoring requirements. An upset does not include noncompliance caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation. Weekly Average (concentration limit) The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar week. In the case of fecal coliform, the geometric mean of such discharges. Section B. General Conditions 1. Duty to Comply The Permittee must comply with all conditions of this permit. Any permit noncompliance constitutes a violation of the CWA and is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or denial of a permit renewal application [40 CFR 122.41]. a. The Permittee shall comply with effluent standards or prohibitions established under section 307(a) of the CWA for toxic pollutants and with standards for sewage sludge use or disposal established under section 405(d) of the CWA within the time provided in the regulations that establish these standards or prohibitions or standards for sewage sludge use or disposal, even if the permit has not yet been modified to incorporate the requirement. Varsinn 7/9t)09 NPDES Permit Standa The CWA provides that any person who violates section[s] 301, 302, 306, 307, 308, 318 or 405 of the Act, or any permit condition or limitation implementing any such sections in a permit issued under section 402, or any requirement imposed in a pretreatment program approved under sections 402 (a) (3) or 402 (b) (8) of the Act, is subject to a civil penalty not to exceed $37,500 per day for each violation. [33 USC 1319 (d) and 40 CFR 122.41 (a) (2)] c. The CWA provides that any person who negligently violates sections 301, 302, 306, 307, 308, 318, or 405 of the Act, or any condition or limitation implementing any of such sections in a permit issued under section 402 of the Act, or any requirement imposed in a pretreatment program approved under section 402(a)(3) or 402(b)(8) of the Act, is subject to criminal penalties of $2,500 to $25,000 per day of violation, or imprisonment of not more than 1 year, or both. In the case of a second or subsequent conviction for a negligent violation, a person shall be subject to criminal penalties of not more than $50,000 per day of violation, or by imprisonment of not more than 2 years, or both. [33 USC 1319 (c) (1) and 40 CFR 122.41 (a) (2)] d. Any person who knowinVI 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 3100,000 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 1219 (g) (2) and 40 CFR 122.41 (a) (3)] 2. Duty to Mitigate The Permittee shall take all reasonable steps to minimize or prevent any discharge or sludge use or disposal in violation of this permit with a reasonable likelihood of adversely affecting human health or the environment [40. CFR 122.41 (d)]. 3. Civil and Criminal Liability Except as provided in permit conditions on "Bypassing" (Part II. C. 4), "Upsets" (Part II. C. 5) and "Power Failures" (Part II. C. 7), nothing in this permit shall be construed to relieve the Permittee from any responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3, 143-215.6 or Section 309 NPDES Permit Standard Conditions Page 5 of 18 deral Act, 33 USC 1319. Furthermore, the Permittee is responsible for consequential damages, such as 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 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]. 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 Ready 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 Version 712009 NPDES Permit Standard Conditi Page 6of18 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] 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: "9 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. " 12. Permit Actions This permit may be modified, revoked and reissued, or terminated for cause. The filing of a request by the Permittee for a permit modification, revocation and reissuance, or termination, or a notification of planned changes or anticipated noncompliance does not stay any permit condition [40 CFR 122.41 (0]. 13. Permit Modification, Revocation and Reissuance, or Termination The issuance of this permit does not prohibit the permit issuing authority from reopening and modifying the permit, revoking and reissuing the permit, or terminating the permit as allowed by the laws, rules, and regulations contained in Title 40, Code of Federal Regulations, Parts 122 and 123; Title 15A of the North Carolina Administrative Code, Subchapter 2H.0100; and North Carolina General Statute 143-215.1 et. al. 14. Annual Administering and Compliance Monitoring Fee Requirements The Permittee must pay the annual administering and compliance monitoring fee within thirty days after being billed by the Division. Failure to pay the fee in a timely manner in accordance with 15A NCAC 2H.0105 (b) (2) may cause this Division to initiate action to revoke the permit. Varcinn 717Mg NPDES Permit Standard Conditions Page 7 of 18 Doeration and Maintenance of Pollution Controls 1. Certified Operator Upon classification of the permitted facility by the Certification Commission, the Petmittee shall employ a certified water pulluliuu 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. 2. Proper Operation and -Maintenance The Permittee shall at all times provide.the operation and maintenance resources necessary to operate the existing facilities at optimum efficiency. The Permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the Permittee to achieve compliance with the conditions of this permit. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures. This provision requires the Permittee to install and operate backup or auxiliary facilities only when necessary to achieve compliance with the conditions of the permit [40 CFR 122.41 (e)]. NOTE: Properly and officially designated operators are fully responsible for all proper operation and maintenance of the facility, and all documentation required thereof, whether acting as a contract operator [subcontractor] or a member of the Permittee's staff. 3. Need to Halt or Reduce not a Defense It shall not be a defense for a Permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the condition of this permit [40 CFR 122.41 (c)] 4. Bypassing of Treatment Facilities a. Bypass not exceeding limitations [40 CFR 122.41 (m) (2)] Version 712009 NPDES Permit Stand: The Permittee may allow any bypass to occur which does not cause effluent limitations to be 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. p) of this section. 5. ,Upsets a. Effect of an upset [40 CFR 122.41 (n) (2)]: An upset constitutes an affirmative defense to an action brought for noncompliance with such technology based permit effluent limitations if the requirements of paragraph b. of this condition are met. No determination made during administrative review of claims that noncompliance was caused by upset, and before an action for noncompliance, is final administrative action subject to judicial review. b. Conditions necessary for a demonstration of upset: . Any Permittee who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that: (1) An upset occurred and that the Permittee can identify the cause(s) of the upset; (2) The Permittee facility was at the time being properly operated; and (3) The Permittee submitted notice of the upset as required in Part II. E. 6. (b) of this permit. (4).The Permittee complied with any remedial measures required under Part II. B. 2. of this permit. c. Burden of proof [40 CFR 122.41 (n) (4)]: The Permittee seeking to establish the occurrence of an upset has the burden of proof in any enforcement proceeding. 6. Removed Substances Solids, sludges, filter backwash, or other pollutants removed in the course of treatment or control of wastewaters shall be utilized/disposed of in accordance with NCGS 143-.215.1 and in a manner such as to prevent any pollutant from such materials from entering waters of the State or navigable waters of the United States. The Pemuttee 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 NPDES Permit Standard Conditions Page 9 of 18 i and modified, or revoked and reissued, to incorporate applicable requirements at 40 CFR 503. The e 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 214.0124) to prevent the discharge of untreated or inadequately treated wastes during electrical power failures either by means of alternate power sources, standby generators or retention of inadequately treated effluent. Section D. Monitoring and Records 1. Representative Sampling Samples collected and measurements taken, as required herein, shall be characteristic of the volume and nature of the permitted discharge. Samples collected at a frequency less than daily shall be taken on a day and time that is characteristic of the discharge ' over the entire period the sample represents. All samples shall be taken at the monitoring points specified in this permit and, unless otherwise specified, before the effluent joins or is diluted by any other wastestream, body of water, or substance. Monitoring points shall not be changed without notification to and the approval of the Permit Issuing Authority [40 CFR 122.41 (j)]. 2. Reporting Monitoring results obtained during the previous month(s) shall be summarized for each month and reported on a monthly Discharge Monitoring Report (DMR) Form (MR 1, 1.1, 2, 3) or alternative forms approved by the Director, postmarked no later than the last calendar day of the month following the completed reporting period. The first DMR is due on the last day of the month following the issuance of the permit or in the case of a new facility, on the last day of the month following the commencement of discharge. Duplicate signed copies of these, and all other reports required herein, shall be submitted to the following address: NC DENR / Division of Water Quality / Water Quality Section ATTENTION: Central Files 1617 Mail Service Center Raleigh, North Carolina 27699-1617 3. Flow Measurements Appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges. The devices shall be installed, calibrated and maintained to ensure that the accuracy of the measurements is consistent with the accepted capability of that type of device. Devices selected shall be capable of measuring flows with a maximum deviation of less than 10% from the true discharge rates throughout the range of expected discharge volumes. Flow measurement devices shall be accurately calibrated at a minimum of once per year and maintained to ensure that the accuracy of the measurements is consistent with the accepted capability of that type of device. The Director shall approve the flow measurement device and monitoring location prior to installation. Once -through condenser cooling water flow monitored by pump logs, or pump hour meters as specified in Part I of this permit and based on the manufacturer's pump curves shall not be subject to this requirement. 4. Test Procedures 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://h2o.enr.state.nc.us/lab/cert.htm) for information regarding laboratory certifications. Versinn 7/91)09 NPDES Permit Standard Conditions Page 10 of 18 Personnel conducting testing of field -certified parameters must hold the appropriate field parameter 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]. 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 Entev 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; C. a" NPDES Permit Standard Conditions Page 11 of 18 access to and copy, at reasonable times, any records that must be kept under the conditions of this r- - ) Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this permit; and 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. Chang_e 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 Chanties 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 122.410) (3)]. 5. Monitoring Reports Monitoring results shall be reported at the intervals specified elsewhere in this permit [40 CFR 122.41 (1) (4)]. a. Monitoring results must be reported on a Discharge Monitoring Report (DMR) (See Part II. D. 2) or forms provided by the Director for reporting results of monitoring of sludge use or disposal practices. b. If the Permittee monitors any pollutant more frequently than required by this permit, the results of such monitoring shall be included in the calculation and reporting of the data submitted on the DMR. 6. Twenty-four Hour Reporting a. The Permittee shall report to the Director or the appropriate Regional Office any noncompliance that potentially threatens public health or the environment. Any information shall be provided orally within 24 hours from the time the Permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the Permittee becomes aware of the circumstances. The written submission shall contain a description of the noncompliance, and its cause; the period of noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance [40 CFR 122.410) (6)]. VPf.ginn 712no NPDES Permit Stand b. The Director may waive the written report on a case -by -case basis for reports under this section if the oral report has been received within 24 hours. c. Occurrences outside normal business hours may also be reported to the Division's Emergency Response personnel at (800) 662-7956, (800) 858-0368 or (919) 733-3300. 7. Other Noncompliance The Permittee shall report all instances of noncompliance not reported under Part II. E. 5 and 6. of this permit at the time monitoring reports are submitted. The reports shall contain the information listed in Part II. E. 6. of this permit [40 CFR 122.410) (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)]. Noncompliance Notification The Permittee shall report by telephone to either the central office or the appropriate regional office of the Division as soon as possible, but in no case more than 24 hours or on the next working day following the occurrence or first knowledge of the occurrence of any of the following. a. Any occurrence at the water pollution control facility which results in the discharge of significant amounts of wastes which are abnormal in quantity or characteristic, such as the dumping of the contents of a sludge digester; the known passage of a slug of hazardous substance through the facility; or any other unusual circumstances. b. Any process unit failure, due to known or unknown reasons, that render the facility incapable of adequate wastewater treatment such as mechanical or electrical failures of pumps, aerators, compressors, etc. c. Any failure of a pumping station, sewer line, or treatment facility resulting in a by-pass without treatment of all or any portion of the influent to such station or facility. Persons reporting such occurrences by telephone shall also file a written report within 5 days following first knowledge of the occurrence. 10. Availability of Reports Except for data determined to be confidential under NCGS 143-215.3 (a)(2) or Section 308 of the Federal Act, 33 USC 1318, all reports prepared in accordance with the terms shall be available for public inspection at the offices of the Division. As required by the Act, effluent data shall not be considered confidential. Knowingly making any false statement on any such report may result in the imposition of criminal penalties as provided for in NCGS 143-215.1(b) (2) or in Section 309 of the Federal Act. 11. Penalties for Falsification of Reports The CWA provides that any person who knowingly makes any false statement, representation, or certification in any record or other document submitted or required to be maintained under this permit, including monitoring reports or reports of compliance or noncompliance shall, upon conviction, be punished by a fine of not more than $25,000 per violation, or by imprisonment for not more than two years per violation, or by both [40 CFR 122.41]. . 12. Annual Performance Reports Permittees who own or operate facilities that collect or treat municipal or domestic waste shall provide an annual report to the Permit Issuing Authority and to the users/customers served by the Permittee (NCGS 143-215.1 C). The report shall summarize the performance of the collection or treatment system, as well as the extent to which the facility was compliant with applicable Federal or State laws, regulations and rules pertaining to water quality. NPDES Permit Standard Conditions Page 13 of 18 : shall be provided no later than sixty days after the end of the calendar or fiscal year, depending upon ial period is used for evaluation. The report shall be sent to: NC DENR / DWQ / Central Files 1617 Mail Service Center Raleigh, NC 27699-1617 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 000 µg/L); (2) Two hundred micrograms per liter (200 µg/L) for acrolein and acrylonitrile; five hundred micrograms per liter (500 µg/L) for 2.4-dinitrophenol and for 2-methyl-4.6-dinitrophenol; and one milligram per liter 0 mg/L) for antimony; (3) Five times the maximum concentration value reported for that pollutant in the permit application. b. That any activity has occurred or will occur which would result in any discharge, on a non -routine or infrequent basis, of a toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels"; (1) Five hundred micrograms per liter (500 µg/L); (2) One milligram per liter 0 mg/L) for antimony; (3) Ten times the maximum concentration value reported for that pollutant in the permit application. Section D. Evaluation of Wastewater Discharge Alternatives The Permittee shall evaluate all wastewater disposal alternatives and pursue the most environmentally sound alternative of the reasonably cost effective alternatives. If the facility is in substantial non-compliance with the terms and conditions of the NPDES permit or governing rules, regulations or laws, the Permittee shall submit a report in such form and detail as required by the Division evaluating these alternatives and a plan of action within 60 days of notification by the Division. Section E. Facility Closure Requirements The Permittee must notify the Division at least 90 days prior to the closure of any wastewater treatment system covered by this permit. The Division may require specific measures during deactivation of the system to prevent Version 712009 NPDES Permit Stand: adverse impacts to waters of the State. This permit cannot be rescinded while any activities requiring th continue at the permitted facility. 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 (b) (i) and (j)] Interference Inhibition or disruption of the POTW treatment processes; operations; or its sludge process, use, or disposal which causes or contributes to a violation of any requirement of the POTWs 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 POTWs NPDES permit, or of an instream water quality standard. [15A NCAC 2H.0903 (b) (23)] Publicly Owned Treatment Works (POT)?j) A treatment works as defined by Section 212 of the CWA, owned by a State or local government entity. This definition includes any devices and systems used in the storage, treatment, recycling and reclamation of municipal sewage or industrial wastes of a liquid nature. It also includes sewers, pipes, and other conveyances only if they. convey wastewater to a POTW. The term also means the local government entity, or municipality, as defined in section 502(4) of the CWA, which has jurisdiction over indirect discharges to and the discharges from such a treatment works. [15A NCAC 2H.0903 (b) (27)] "Significant Industrial User" or "SIU" An industrial user that discharges wastewater into a publicly owned treatment works and that [15A NCAC 2H.0903 (b) (34)]: (a) discharges an average of 25,000 gallons or more per day of process wastewater to the POTW (excluding sanitary, noncontact cooling and boiler blowdown wastewaters) or; (b) contributes more than 5 percent of the design flow of the POTW treatment plant or more than 5 percent of the maximum allowable headworks loading of the POTW treatment plant for any pollutant of concern, or; (C) is required to meet a national categorical pretreatment standard, or; (d) is, regardless of Parts (a), (b), and (c) of this definition, otherwise determined by the POTW, the Division, or the EPA to have a reasonable potential for adversely affecting the POTWs operation or for violating any pretreatment standard or requirement or POTWs receiving stream standard, or to limit the POTWs 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)]: 1/6reinn 719nno 2. 3. NPDES Permit Standard Conditions Page 15 of 18 y new introduction of pollutants into the POTW from an indirect discharger, including pump and ..ailed waste, 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 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 may 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, nonbiodegradable 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 WWTP, 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 WWTP. The Permittee shall report such discharges into the WWTP 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 Version 712009 NPDES Permit Standard Conditi Page 16 of 18 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 discharger sending its effluent to the permitted system to meet Federal Pretreatment Standards promulgated in response to Section 307(b) of the Act as amended (which includes categorical standards and locally derived limits 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 (0 (1) and 403.9 (1), (2)] 2. Industrial Waste Survey (ITS) The pernuttee 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 and the character and amount of pollutants contributed to the POTW by these industrial users and identification of those industrial users meeting the definition of SIU. The Permittee shall submit a summary of its IWS activities to the Division at least once every five years, and as required by the Division. The IWS submission shall include a summary of any investigations conducted under paragraph B, 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 (I IWA) 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 Varsinn 7/9009 NPDES Permit Standard Conditions Page 17of18 Permittee shall submitto the Division a written technical evaluation of the need to revise local limits (le,; an '.updated HWA or documentatio_ n'of wiry one is. not needed) [40 CFR' 122.44].. The Fermi#tee shall develop, in accordance with ;40 CFR 403.5 (c) and .15A NCAC 2H.0909, specific Local Limits to implement the prohibitions hsfed m 40 .CFR 403 5 (a) and. (b). and 15A NCAC 2H.0909. 5 Industrial User Pretreatment Permits & Allocation Tables In. accordance with NCGS 1437-215 1`.the Permittee shall issue to all significant industrial users, permits for operatton_.of pretreatment equipment and discharge to the Permittee,'s treatment works. These, perk is shall contain limitations, sampli igprotocols; 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.currentAllocation Table A: which summarizes the results of the HWA. and.the limits from all.IUPs : Permitted ]UP.loadiiigs for each parameter cannot exceed the treatment capacity of the POTW as deternuned 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 Constrict (AtC) Tlie Permittee shall ensure that an Authorization to Construct permit (AtC) is issued to allapplicable industrial users for the construction or modification of any pretreatment facility. Prior to the'issuance of an AtC, the proposed pretreatment faahty. and treatment process must be evaluated for its capaaty to comply with all Industrial; User Pretreatment Perrot (ICTP) limitations. [15A NCAC 2H.0906 (b) (6) and .0905; NCGS 143- 215,,1 7 POTW Inspection 8c 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(0(2)(v)]. The Per nitte.e 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 Permitfee 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)] 9, Enforcemenf Resgon§e 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 en.fbrcement.acticiris. shall be consistent `with the Enforcement Response Plan (ERP) approved -by the Division. [15A:NCAC 2H:.0906(b)(7) and.0905; 40 CF'R4038(�(5)] AO., Pretreatment Annual Reports (PART 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. Version 712009 NPDES Permit Standard Conditiol Page 18of1ri,q For all other active pretreatment programs, the Permittee shall submit two copies of a Pretreatment Annual Report (PAR) describing. its pretreatineirf activities over the previous twelve months to the Division at the following address:. NDE DENR / DWQ / Pretreatment; Emergency Response, and Collection Systems Unit (PERCS) 161 -Mail Service Center Paleigh SNC 27699-1617. These reports shall be subinitted 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 Industrial Users (IUs) in Significant -Non Compliance b.) Pretreat nait.Prog=am Suriimai (PPSI pi pretreatmeiirprograin summary (PPS) on specific forms approved by the Division; c.) Significant Non -Compliance Report (SNPRI The nature of the.vtolations and'tlie actions taken or proposed to correct the violations on specific forms approved by the. Division; d.) Industrial Data. Summary Forms (IDSE� Ivlonitoririg data from samples collected by both the POW and the Significant Industrial User (SIU) T and any monitoring data for other IndustrialUsers (IUs) in SNC. These analytical results must be reported on Industrial Data Summary Forms (IDSF) or other specific format approved by the Division; e) Other Informatiori Copies of the POTW's allocation table, new or modified enforcement compliance schedules, public notice of IUs in SNC;. and anyother information, upon request, which in the opinion of the Director is needed to determine corpiance with the pretreatment implementation requirements of this permit; 11.'. ' Public Notice., The Permittee shall publish annually a list of`Industrial Users (IUs) that were in Significant Non -Compliance (SNC) as. defined irithe Permittee's Divisiori-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: f15A NCAC 2H .0903U 35)..0908(b)f,5) and .0905 and 40 CFR 403.8(f21(vii] 12. - Record Keeping Tlie 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 CM 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 15 NCAC 2H .0114 and 15A NCAC 2H .0907. Version 712009 =A4i® NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor Kyle Young, Property Manager Eagle's Nest Foundation 43 Hart Pigah Forest, NC 28768 Dear Permittee: Donald R. van der Vaart Secretary April 10, 2015 Subject: Acknowledgement of Permit Renewal Permit NCO051021 Transylvania County The NPDES Unit received your pen -nit renewal application on April 07, 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 Charles Weaver (919) 807-6391. Sincerely, W rre,�,x, Tkzol f� , Wren Thedford Wastewater Branch cc: Central Files A, --sheville--RegionaLOffice NPDES Unit 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 Phone: 919-807-63001 Fax: 919-807-6492/Customer Service:1-877-623-6748 Internet:: www.ncwater.orq oi�iSR � CEf VV D APR 1 4 2015 Water Quality Regional Operations Asheville Reninnar na;-- An Equal OpportunityWffrmative Action Employer EAGLE'S NEST FOUNDATION Experiential education for young people, promoting the natural world and the betterment of human character. RECEIVED/DENR/DWR "r FOUNOr March 30, 2015 Wren Thedford NC DENR/DWR/NPDES Unit 1617 Mail Service Center Raleigh, NC 27699-1617 Dear Wren, APR ®7 2015 Water Qualify Permittinq Section Please find.enclosed the NPDES permit application for Eagle's Nest Foundation. Eagle's Nest is requesting the renewal of this permit, as our existing permit expires 9/30/2015. We replaced our old plant 2013 with a new 8,000 GPD extended aeration package steel plant consisting of manual bar screen; 3,000 gallon equalization tank with coarse bubble aeration, a 35 scm blower, and dual 20 gpm pumps; dual 5,000 gallon aeration tanks with dual 50 scfm blowers; dual 667 gallon clarifiers with sludge return air-lift pumps; 250 gallon chlorine contact tank with tablet chlorinator and de -chlorinator; effluent flow meter; 2,000 gallon sludge holding tank. Sincerely, 11 K e Young Property Manager Eagle's Nest Foundation DNopWateratesisn f ourM APR 1 4 2015 Water Quality Regional Operations Asheville Regional Office Winter Address: PO Box 5127 • Winston-Salem, NC • 27113-5127 • (336) 761-1040 Summer Address & The Outdoor Academy: 43 Hart Road • Pisgah Forest, NC • 28768 • (828) 877-4349 Eagles Nest Camp • The Outdoor Academy • Hants Adventures Chartered Non-profit since 1950 www.enf.org RECEIVEDIDENRIDWR APR ® 7 2015 Water Quatity Permitting Sectior' Sludge Management We pump sludge to our holding tank and have it hauled away as needed by a septic tanker to the Brevard waste water plant. Kyle Young NPDES APPLICATION - FORM D )wned treatment systems treating 100% domestic wastewaters <1.0 MGD Mail the complete application to: 1. C. DENR / Division of Water Resources / NPDES Program 1617 Mail Service Center, Raleigh, NC 27699-1617 NPDES Permit NC0051021 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 Eagle's Nest Foundation Facility Name Eagle's Nest Foundation Mailing Address 43 Hart Rd City Pisgah Forest State / Zip Code NC/28768 Telephone Number (828)877-4349 RECEIVED/DENRIDWR Fax Number (828)884=2788 APR — 7 9Q�� e-mail Address enf@enf.org Permitting Section 2. Location of facility producing discharge: Check here if same address as above Street Address or State Road City State / Zip Code County 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 Eagle's Nest Foundation Mailing Address 43 Hart Rd City Pisgah Forest State / Zip Code NC/28768 Telephone Number (828)877-4349 Fax Number (828)884-2788 e-mail Address enf@enf.org 1 of 3 Form-D 9/2013 r NPDBS APPLICATION - FORM D - privately -owned treatment systems treating 100% domestic wastewaters <1.0 MGD 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 45-220 Other ® Explain: Camp Describe the source(s) of wastewater (example: subdivision, mobile home park, shopping centers, restaurants, etc.): Summer camp and semester school Number of persons served: 45-220 5. Type of collection system ® 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 ® No 7. Name of receiving stream(s) (NEW applicants: Provide a map showing the exact location of each outfall): Little River 8. Frequency of Discharge: ® 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 suffcient, attach the description of the treatment system in a separate sheet of paper. Treatment system has a capacity of 8,000 gpd and includes a manual screen, flow equalization(3,000 gallons), flow splitter box, dual train aeration basins(10,000 gallons), dual train clarifiers, chlorine contact with tablet chlorinator and tablet de -chlorinator, flow measurement weir and sludge holding tank (2,000 gallons). Treatment system is designed for >85% removal BOD, >85% removal for TSS. Treatment system is not designed for nitrogen or phosphorus removal. 2 of 3 Form-D 9/2013 NPDES APPLICATION - FORM D privately -owned treatment systems treating 100% domestic wastewaters <1.0 MGD 0. Flow Information: Treatment Plant Design flow .008 MGD Annual Average daily flow .0017 MGD (for the previous 3 years) Maximum daily flow .007 MGD (for the previous 3 years) 11. Is this facility located on Indian country? ❑ Yes ® No 12. Effluent Data NEW APPLICANTS: Provide data for the parameters listed. Fecal Coliform, Temperature and pH shall be grab samples, for all other parameters 24-hour composite sampling shall be used. If more than one analysis is reported, report daily maximum and monthly average. If only one analysis is reported, report as daily maximum. RENEWAL APPLICANTS: Provide the highest single reading (Daily Maximum) and Monthly Average over the past 36 months for parameters currentl in our ermit. Mark otherparameters "N/A". Parameter Daily Maximum Monthly Average Units of Measurement Biochemical Oxygen Demand (BOD5) 32.8 7 Mg/1 Fecal Coliform 17.1 1.03 #/ 100mc Total Suspended Solids <5.6 0 Mg/1 Temperature (Summer) 26 21.8 Celcius Temperature (Winter) 10 12.6 Celcius pH 6.9 6.9 Units 13. List all permits, construction approvals and/or applications: Type Permit Number Type Hazardous Waste (RCRA) UIC (SDWA) NPDES NCO051021 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. Kyle Young Property Manager Printed name of Person Signing Title --3/ - /Sr Date North Carolina GeneraloTtatute 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 9/2013 NCDENR North Carolina. Department of Environment and Natural Resources Division of Water Quality Thomas A. Reeder John E. Skvarla, III Acting Director Secretary July 10, 2013 Kyle Young Eagle's Nest Foundation 43 Hart Rd Pisgah Forest NC 28768 SUBJECT: Compliance Evaluation Inspection Eagle's Nest Foundation -Camp Permit No: NCO051021 Transylvania County Dear Mr. Young: Enclosed please find a copy of the compliance evaluation inspection conducted on June 20, 2013. No violations of permit requirements or applicable regulations were observed during this inspection. 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, Jeff Menzel Environmental Specialist Enclosure cc: H. Keith Bond, ORC Central Files �' AsheviII FBI SURFACE WATER PROTECTION —ASHEVILLE REGIONAL OFFICE Location: 2090 U.S. Highway 70, Swannanoa, NC 28778 Phone: (828) 296-4500\FAX: 828 299-7043 Internet: www.ncwaterguality.org 904— S:\SWP\Transylvania\WastewaterWlinors\Eagle's Nest 51021 \51021 CEI 2013.doc NorthCarolina NRturigltl, J United States Environmental Protection Agency Form Approved. Washington, D.C. 20460 OMB No. 2040-0057 F!A Approval expires 8-31-98 Section A: National Data System Coding (i.e., PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 INI 2 5I 31 NCO051021 111 121 13/06/20 117 18I C I 19I N I 20I I Remarks 211 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Li 6 Inspection Work Days Facility Self -Monitoring Evaluation Rating B1 QA --- ---- ------ -Reserved-------------- 67 I 169 70 U 711 I 721 NJ 73 LJJ 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) 02:30 PM 13/06/20 10/12/01 Eagle's Nest Foundation -Camp Exit Time/Date Permit Expiration Date Hart Rd Pisgah Forest NC 28768 03:30 PM 13/06/20 15/09/30 Name(s) of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data /// H. Keith Bond/ORC/828-884-2770/ Name, Address of Responsible Official/Title/Phone and Fax Number Contacted Kyle Young,43 Hart Rd Pisgah Forest NC 28768//828-877-4349/ No Section C: Areas Evaluated During Inspection (Check only those areas evaluated) Flow Measurement Operations & Maintenance E 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 Jeff Menzel ARO WQ//828-296-4500/ Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date EPA Form 3560-3 (Rev 9-94) Previous editions are obsolete. Page # 1 NPDES yr/mo/day Inspection Type 3I NCO051021 I11 12I 13/06/20 117 18ICI Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) N This is a newly constructed facility and there was no discharge at the time of inspection, however, there was water coming into the plant. It appears that the two weir plates behind the bar screen are easily blocked by solids entering the plant. This in turn is affecting the hydraulic loading of the plant. I observed both weir plates blocked by obstruction during my visit. These plates may routinely become blocked and affect the flow through the plant reducing the facility's efficiency. All other aspects of this newly constructed facility appeared to be functioning normally. There were no violations of permit requirements or applicable regulations observed during this inspection. Page # 2 Permit: NCO051021 Date: 06/20/2013 Owner - Facility: Eagle's Nest Foundation -Camp Inspection Type: Compliance Evaluation )perations & Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? ■ ❑ ❑ 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: 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: It appears that the two weir plates behind the bar screen are easily blocked by solids entering the plant. This in turn is affecting the hydraulic loading of the plant. I observed both weir plates blocked by obstruction during my visit. These plates may routinely become blocked and affect the flow through the plant reducing the facility's efficiency. All other aspects of this newly constructed facility appeared to be functioning normally. 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? Comment: Aeration Basins Mode of operation Type of aeration system Is the basin free of dead spots? Yes No NA NE ■nnn ■nnn Yes No NA NE n■nn ■nnn ■nnn ■nnn ■❑nn ■nnn ■nnn ■nnn Yes No NA NE Ext. Air Diffused ■nnn Page # 3 Permit: NCO051021 Inspection Date: 06/20/2013 Aeration Basins 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? Owner - Facility: Eagle's Nest Foundation -Camp Inspection Type: Compliance Evaluation Is the DO level acceptable? Is the DO level acceptable?(1.0 to 3.0 mg/1) Comment: Flow Measurement - Effluent # Is flow meter used for reporting? Is flow meter calibrated annually? Is the flow meter operational? (If units are separated) Does the chart recorder match the flow meter? Comment: The flow meter was newly installed and calibrated. There was no discharge at the time of inspection. Yes No NA NE ■nnn ■nnn ■nnn ■011D nnn■ nnn■ Yes No NA NE Page # 4 J Eagle's Nest Foundation Eagle's Nest Foundation -Camp WWTP Wastewater Treatment Plant Replacement A To C No. O51021AO1 Issued July 23, 2012 Engineer's Certification JUN 3 20173 i, ._llczv of L. dcti evc.v, , as a duly registered Professional Engineer in the State of North Carolina, havi g been authorized to observe (periodically/rvEeW4#&M-6�— the construction of the modifications and improvements to the Eagle's Nest Foundation -Camp WWTP, located on 43 Hart Road, Pisgah Forest in Transylvania County, hereby state that, to the best of my abilities, due care and diligence was used in the observation of the following construction: Replacement of the existing WWTP with a new 8,000 CPD extended aeration package steel plant consisting of manual bar screen; 3,000 gallon equalization tank with coarse Nubble aeration, a 35 scfm blower, and dual 20 gpm pumps; dual 5,000 gallon aeration tanks with dual 50 scfm blowers; dual 667 gallon clarifiers with sludge return air-lift pumps; 250 gallon chlorine contact tank with tablet chlorinator and de -chlorinator; effluent flow meter; 2,000 gallon sludge holding tank; and yard piping and appurtenances, electrical controls, instrumentation, and site work, in conformity with the project plans, specifications, and other supporting data subsequently filed and approved by the Department of Environment and Natural Resources. I certify that the construction of the above referenced project was observed to be built within substantial compliance and intent of the approved plans and specifications. Signature &t Registration No. 0 3 9i 9 9 al Date 5yic- 3, a413 Mail this Certification to: RECEIVED JUN - 6 2013 DWQ/Surface Water Protection Section Asheville Regional Office Attn: Ken Pohlig, P.E. Infrastructure Finance Section DENR/DWQ 1633 Mail Service Center Raleigh, NC 27699-1633 9-Wa 63,0"'al 91 il;hgr.?Ie [Jill Road .Penrose. A,'C' 8766 March 25, 2011 To whom it may concern: This is our annual report for: 2010 7 r,• ice. I ,= i _ _� - __` K .. *Eagles Nest Foundation & Outdoor Academy WWTP Transylvania County Permit 9 NCO051021 43 Hart Road Pisgah Forest, NC 28768 *Kyle Young Utilities Director 43 Hart Road Pisgah Forest, NC 28768 *Keith Bond ORC Grade 2 8442 99 Maple Hill Road Penrose, NC 28766 APR 01 2011 Ty POINT SOWN E Sf?0P1CH *Grade 2 facility 0.008 MGD Extended aeration package plant Bar screen Aeration basin with dual blowers Diffused air rectangular clarifier with skimmer and sludge return Tablet chlorinator Chlorine contact chamber Isco ultra sonic flow meter updated this year with new flow recorder Tablet dechlorinator We are pleased to report we have had no violations, no spills, overflows or bypasses. We also met all permit limits for 2010. Customers will be provided copies on request and a posting will be on the camp bulletin board. Keith Bond ORC states this report is correct and accurate to the best of my knowledge. �, Fj PlCettl? 5&6, 1 Fn JUL 1 2 2010 .tune 30 2010 WATER QUALITY SECTION PASHEVILLE REGIONAL OFFICE To whom it may concern: This is ou annul.�t for R009 >K eN" ;�1- Foundafi j& Outdoor Academy WWTP Yansyly, iCounty Permit #40 Q050 43 Hart Road Pisgah Forest, NC 28768 *Kyle Young Utilities Director 43 Hart Road Pisgah Forest, NC 28768 *Keith Bond ORC Grade 2 8442 99 Maple Hill Road Penrose, NC 28766 *Grade 2 facility 0.008 MGD Extended aeration package plant Bar screen Aeration basin with dual blowers Diffused air rectangular clarifier with skimmer and sludge return Tablet chlorinator Chlorine contact chamber Isco ultra sonic flow meter updated this year with new flow recorder Tablet dechlorinator We are pleased to report we have had no violations, no spills, overflows or bypasses. We also met all permit limits for 2009. Customers will be provided copies on request and a posting will be on the camp bulletin board. Keith Bond ORC states this report is correct and accurate to the best of my knowledge. =•A. rn.aoa.: :. ._:x u:ya : . �.. _ -... ..-.i�vF„�sa3N!?1e'y�,. -, c---, • 11� LLE COPY NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary SURFACE WATER PROTECTION SECTION June 22, 2010 Mr. Kyle Young Eagle's Nest Foundation 43 Hart Road Pisgah Forest, NC 28768 SUBJECT: Compliance Sampling Inspection Eagle's Nest Camp WWTP Permit No: NCO051021 Transylvania County Dear Mr. Young: Enclosed please find a copy of the Compliance Sampling Inspection report from the inspection conducted on June 15, 2010. The facility was found to be in compliance with permit NC0051021. 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, � P. 447`4 Wanda P. Frazier Environmental Specialist Enclosure cc: Keith Bond, ORC (99 Maple Hill Road; Penrose, NC 28766) Central Files ;;;.Asheville F.iles S:\SWP\Transylvania\Wastewater\Minors\Eagle's Nest 51021\CEI.6-15-10.doc SURFACE WATER PROTECTION — ASHEVILLE REGIONAL OFFICE One Location: 2090 U.S. Highway 70, Swannanoa, NC 28778 NorthCarolina Phone: (828) 296-4500 \ FAX: 828 299-70431 Customer Service: 1-877-623-6748 Ivatura!!� Internet: www.ncwaterquality.org di"VL United States Environmental Protection Agency Form Approved. E P qH 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 I sI 31 NCO051021 111 121 10/06/15 117 181 SI 191 gI 20II Remarks 21111111111111 IIIIIIII 1111111111111111111111111116 Inspection Work Days Facility Self -Monitoring Evaluation Rating 131 QA --------Reserved-------- 67I 1.0 169 70131 711 I 72 N I 73I I� 74 751 I I I I I I 180 W Section B: Facility Data Name and Location of Facility Inspected (For Industrial Users discharging to POTW, also include Entry Time/Date Permit Effective Date POTW name and NPDES permit Number) Eagle's Nest Foundation -Camp 10:30 AM 10/06/15 05/10/01 Exit Time/Date . Permit Expiration Date Hart Rd Pisgah Forest NC 28768 11:26 AM 10/06/15 10/09/30 Name(s) of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data H. Keith Bond/ORC/828-884-2770/ Name, Address of Responsible Official/Title/Phone and Fax Number Contacted No Section C: Areas Evaluated During Inspection (Check only those areas evaluated) Permit N Operations & Maintenance E Records/Reports Facility Site Review Effluent/Receiving Waters Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s) and Signature(s) of Inspector(s) Agency/Office/Phone and Fax Numbers Date Wanda P Frazier ARO WQ//828-296-4500 Ext.4662/ Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date 1771 �, 6 Z V o EPA Form 3560-3 (Rev 9-94) Previous editions are obsolete. Page # 1 NPDES yr/mo/day Inspection Type 3I NCO051021 I11 12I 10/06/15 I17 18IsI (cont.) Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) FACILITY DESCRIPTION: The Outdoor Academy — Eagle's Nest Foundation - Eagle's Next Camp WWTP is classified as a class II facility and rated as a 0.008 MGD extended aeration package plant with: bar screen, aeration basin with dual blowers providing diffused air; rectangular clarifier with skimmer and sludge return; tablet chlorinator; chlorine contact chamber; Isco Ultrasonic 4120 flow meter; and tablet dechlorinator (no digestor). PERMIT / INSPECTION / LOG: A review of the files indicates that the last compliance evaluation inspection was conducted on 1-25-2007 by Wanda Frazier. The permit expires on 9-30-2010. Your renewal request was received by the Division on 3-29-2010. 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 = 22.0 degrees Celsius pH = 7.2 units Dissolved Oxygen = 1.0 mg/I Settleable Solids = 400 ml/I = 40% FLOW MEASUREMENT: The Isco Ultrasonic flow meter was calibrated on 5-27-2010. EFFLUENT: The effluent data was as follows: Dissolved Oxygen = 5.4 mg/I -- Note: There is no DO limit. The Instream Waste Concentration is 0.04%. pH = 7.7 units Temperature = 20.0 degrees Celsius Chlorine = <20 ug/I Page # 2 Permit: NCO051021 Inspection Date: 06/15/2010 Owner - Facility: Eagle's Nest Foundation -Camp Inspection Type: Compliance Sampling OPERATIONS AND MAINTENANCE / EFFLUENT / SUMMARY: Mr. Keith Bond, ORC, assisted in the inspection and appears to be operating and maintaining the facility very well. The effluent was clear and appeared to be in compliance with permit limits. Effluent samples were collected on the day of the inspection. If the sample results are non -compliant, a separate letter will be sent. SYSTEM PERFORMANCE ANNUAL REPORT: The System Performance Annual Reports have not been received by the Division. Please submit the 2009 Annual Report as soon as possible. Note: According to the Clean Water Act of 1999 (House Bill 1160), the legal requirement for submittal of the System Performance Annual Report is as follows: The owner or operator of any wastewater treatment works or wastewater collection systems that treats or collects primarily domestic or municipal waste, must provide an Annual Report to its users or customers and to the Department of Environment and Natural Resources that summarizes the treatment work's and collection system's performance over a 12 month period. The System Performance Annual Report is due no later than 60 days after the end of the reporting period. Report Format: The following is provided as guidance to assist you in meeting this aspect of the new reporting requirements. The law states the above mentioned report shall summarize the performance of the treatment works or collection system and state the extent to which any terms of its permit, federal laws, or any State laws, regulations or rules related to the protection of water quality have been violated. In order to meet the spirit of this law, it is strongly suggested that, at a minimum, the reports contain the following information: I. General Information • Name of regulated entity and county • Responsible entity, person or contact with phone number or address • Listing of applicable permit(s) — NPDES and Collection System permits, etc. • Description of collection or treatment system or process Il. Performance Page # 3 Permit: NCO051021 Owner - Facility: Eagle's Nest Foundation -Camp Inspection Date: 06/15/2010 Inspection Type: Compliance Sampling • Description of overall 12-month performance, noting highlights and deficiencies. • By month, list of the number and type of any violations of permit conditions, environmental regulations or environmental laws, including (but not limited to): Permit Limit Violations — list by month and type Monitoring and Reporting Violations — i.e. NOVs and Civil Assessments (Illegal) Bypass of treatment facilities* Sanitary Sewer Overflows (SSOs)* - Dates of SSOs*, Press Releases & Public Notices (*For the purpose of the System Performance Annual Report, please condense your Annual Report to include: the estimated total monthly volumes and locations of events in which more than 1,000 gallons of waste reached surface waters.) • Description of any known environmental impact of violations • Description of corrective measures taken to address violations or deficiencies III. Notification • Statement as to how users or customers have been provided access to the report. IV. Certification • Statement by a responsible official certifying the report is accurate and complete. Note: It shall be left to the individual applicable entities to decide both how much detail above minimum they wish to provide in the report and how they will provide the report to their users or customers. This law was established to provide a mechanism for public oversight (and hopefully, to instill public confidence). Those entities that fall under the scope of this part of the law are encouraged to be forthcoming in their report and they should provide its readers a contact where they may view more detailed information. To satisfy the Departmental reporting requirement, three copies of the report should be submitted to the following address: System Performance Annual Report North Carolina Division of Water Quality 1617. Mail Service Center Raleigh, NC 27699-1617 Page # 4 Permit: NCO051021 Owner - Facility: Eagle's Nest Foundation -Camp Inspection Date: 06/15/2010 Inspection Type: Compliance Sampling Permit Yes No NA NE (if the present permit expires in 6 months or less). Has the permittee submitted a new application? ■ 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 11 n Is the inspector granted access to all areas for inspection? ■ 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: Type of bar screen a. Manual ■ b. Mechanical Cl Are the bars adequately screening debris? ■ ❑ n n Is the screen free of excessive debris? ■ n n n Is disposal of screening in compliance? ■ ❑ 0 n Is the unit in good condition? ■ 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 Q ■ ❑ Are the diffusers operational? ■ n Cl n Is the foam the proper color for the treatment process? ■ n Q Cl 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) ■ ❑ ❑ fl Page # 5 Permit: NC0051021 Owner - Facility: Eagle's Nest Foundation -Camp Inspection Date: 06/15/2010 Inspection Type: Compliance Sampling Aeration Basins Yes No NA NE Comment: Secondary Clarifier Yes No NA NE Is the clarifier free of black and odorous wastewater? ■ Cl n n Is the site free of excessive buildup of solids in center well of circular clarifier? ❑ n ■ ❑ Are weirs level? ■ n n n Is the site free of weir blockage? ■ n n n Is the site free of evidence of short-circuiting? ■ Cl n n Is scum removal adequate? ■ n ❑ Is the site free of excessive floating sludge? ■ n n n Is the drive unit operational? ❑ ❑ ■ n 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? ■ O n n Are the tablets the proper size and type? ■ n n n Number of tubes in use? 2 Is the level of chlorine residual acceptable? ■ n Cl 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: Type of system ? Tablet Is the feed ratio proportional to chlorine amount (1 to 1)? n n ■ n Is storage appropriate for cylinders? ❑ ❑ ■ n # Is de -chlorination substance stored away from chlorine containers? ❑ ❑ ■ n Comment: Are the tablets the proper size and type? ■ n n n Are tablet de -chlorinators operational? ■ n ❑ 0 Page # 6 � -_ Aja ��! U 1_ 21 2009 j NCDIENR i North Carolina Department of Environment and Natural Resources--; ,- ;-- Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary July 21, 2009 CERTIFIED MAIL 7003 0500 0002 6819 4528 RETURN RECEIPT REQUESTED MR. KYLE YOUNG EAGLES NEST FOUNDATION CAMP 43 HART ROAD PISGAH FOREST, NC 28768 Subject: NOTICE OF VIOLATION - NOV- 2009- LR- 0034 Eagles Nest Camp WWTP — NCO051021 Transylvania County _ Dear Mr. Young: This is to inform you that the Division of Water Quality has received your monthly monitoring report for May 2009 after the required reporting date. This is in violation of Part II, Condition D (2) of the NPDES permit, as well as 15A NCAC 2B :506(a), which requires the submittal of Discharge Monitoring Reports (DMR) no later than the thirtieth (30th) day following the reporting period. Failure to submit reports as required will subject the violator to the assessment of a civil penalty of up to $25,000 per violation. You will be considered noncompliant with the self -monitoring requirements of your NPDES permit until the report has been submitted. To prevent further action, please submit future monthly reports within the above -mentioned timeframe to avoid further enforcement actions. You are also required to notify the Division each time mailing or phone numbers are changed which relate to your NPDES permit. The Division must take these steps because timely submittal of discharge monitoring reports is essential to the efficient operation of our water quality programs. We appreciate your assistance in this matter. If you have any questions about this letter or Discharge Monitoring Reports, please contact me at 919-807-6387. Sincerely, Bob Guerra Western Region NPDES Unit cc: R® u 9 :ac 1lFliater PrLetrpt, Supery sor Enforcement file Central Files 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 One Phone: 919-807-6387 \ FAX: 919-807-6495 \ Customer Service:1-877=623-6748 NofthCarolina Internet: wuwv.ncwaterquality.org 'J�'���N� //� An Equal Opportunity 1 Affirmative Action Employer � �/ Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Coleen H. Sullins, Director Division of Water Quality September 17, 2008 KYLE YOUNG EAGLE'S NEST FOUNDATION 43 HART RD PISGAH FOREST NC 28768 SUBJECT: Payment Acknowledgment Civil Penalty Assessment Eagle's Nest Foundation -Camp Permit Number: NCO051021 Case Number: LR-2008-0002 Transylvania County Dear Mr. Young: This letter is to acknowledge receipt of check number 125016 in the amount of $500.00 received from you dated September 4, 2008. This payment satisfies in full the above civil assessment levied against the subject facility, and this case has been closed. Payment of this penalty in no way precludes future action by this Division for additional violations of the applicable Statutes, Regulations, or Permits. If you have any questions, please call Bob Guerra at 919-807-6387. Sincerely, Dina Sprinkle cc: Central Files DWQ i i vA +lei Regional Office Supervisor CSC -�u S L P 1 9 2008 f WATER QUALIT`! SECTION PSHF_VILLE REGIONAL OFFICE Mailing Address Phone (919) 807-6300 location NorthCarolina 1617 Mail Service Center Fax (919) 807-6492 512 N. Salisbury St. Natuna!lry Raleigh, NC 27699-1617 Raleigh, NC 27604 Internet: www.ncwaternualitv.ore Customer Service 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer — 50% Recycled/10% Post Consumer Paper v 0�0� WAT�9pG - Michael F. Easley, Governor i William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Coleen H. Sullins, Director - = Division of Water.Quality 1 August 14, 2008 CERTIFIED MAIL 7007-0710-0000-5376-7587 RETURN RECEIPT REQUESTED Mr. Kyle Young Eagles Nest Foundation Camp 43-Dart Road Pisgah Forest, NC 28768 Subject: Dear Mr. Young: 1 AUG 1 9 2008 11 WATER QUALITY SECTION ASHEVILLE REGIONAL OFFICE Remission Request of Civil Penalty Assessment Eagles Nest Foundation Camp WWTP NPDES Permit NCO051021 Case Number LR 2008-0002 Transylvania County I have considered the information submitted in support of your request for remission in accordance with North Carolina General Statute (N.C.G.S.) § 143-215.6A(f). and have found no grounds to remit your $600.00 civil penalty assessment and enforcement costs. Your payment of $100.00, check number 124023 has been accepted and credited to your penalty, leaving a balance due of $500.00. If you choose to pay the civil penalty assessments and enforcement costs of $500.00, please send payment to me at the letterhead address within.thirty (30) days of receipt of this letter. Please make your check payable .to the Department of Environment and Natural Resources (DENR). If payment is not received within thirty (30) days of receipt of this letter, in accordance with N.C.G.S. § 143-215.6A(f), your request for remission of the civil penalty (with supporting documents) and my recommendation to deny the request (with supporting documentation) will be delivered to the North Carolina Environmental Management Commission's (EMC) Committee On Civil Penalty Remissions (Committee) for final agency decision.. If you desire to make an oral presentation to the Committee on why your request for remission meets one or more of the five statutory factors you were asked to address, you must complete and return the attached form within thirty (30) days of receipt of this letter. Please -mail the completed form to the attention of Bob Guerra, NPDES Western Unit at the following address: IV�o e Carolina Ntura!!y North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone (919) 733-7015 Customer Service Internet: www.ncwaterquality.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 Point Source Branch Division of Water Quality _- 1617 Mail Service Center Raleigh, NC 27699-1617 Your request for an oral presentation and the documents in this matter will be reviewed by the EMC Chairman and, if it is determined that there is a compelling reason to require an oral presentation from you, you will be notified by certified mail of the date, time, and place that your oral presentation can be made. Otherwise, the final decision on your request for remission will be made by the Committee based on the written record. Thank you for your cooperation in this matter. If you have any questions about this letter, please contact Bob Guerra at (919) 807-6387. Sincerely, AColeen. Sullins Attachment: Request for Oral hearing cc: As es AI6Re'Xiana� * ;ice Enforcement file Central Files STATE OF NORTH. CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION EAGLES NEST FOUNDATION CAMP DWQ Case Number LR-2008-0002 IN THE MATTER OF ASSESSMENT ) OF CIVIL PENALTIES AGAINST: ) EAGLES NEST WWTP NCO051021 ) REQUEST FOR ORAL PRESENTATION I hereby request to make an oral presentation before the Environmental Management Commission's Committee On Civil Penalty Remissions in the matter of the case noted above. In making this request, I assert -that I understand all of the following statements: • This request will be reviewed by the Chairman of the Environmental Management Commission and maybe either granted or denied. • Making a presentation will require the presence of myself or my representative during a Committee meeting held in Raleigh, North Carolina. • My presentation will be limited to discussion of issues and information submitted in my original remission request, and because no factual issues are in dispute, my presentation will be limited to five minutes in length. This the day of , 20 �Vollva-io Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Coleen H. Sullins, Director Division of Water Quality May 28, 2008 MR. KYLE YOUNG EAGLES NEST FOUNDATION CAMP 43 HART ROAD PISGAH FOREST NC 28768 Subject: Remission Request of Civil Penalty Assessment Eagles Nest Foundation Camp WWTP NPDES, Permit NCO051021 Case Number LR-2008-0002 Transylvania County Dear Mr. Young: This letter is to acknowledge your request for remission of the civil penalties levied against the Eagles Nest Foundation WWTP. Your request will be placed on the agenda of the Director's next scheduled enforcement conference and you will be notified of the result. The Division is in receipt of check number 124023, in the amount of $100.00 (the amount of enforcement costs) along with the remission request. This payment has been credited to the total amount assessed in this case. Nothing may be inferred or implied as to the Division's satisfaction of the penalty due to its acceptance of the payment, just as the Division sees no inference on the part of Eagles Nest Foundation Camp due to its tendering. It has simply been seen as a prudent measure to accept the payment at this time. Applicable adjustments, if any, will be made to the final penalty amount following the outcome of the appeal. If you have any questions about this matter, please contact me at (919) 733-5083, extension 539. Sincerely, ob Guerra, Environmental Specialist Western Region NPDES Unit cc: Enforcement/Compliance File Asheville_ Regional -Office Central Files - D ! E tJUN _ 2 2008 r WATER QUALITY SECTION ASHEVILLE REG`ZONAL OFf=ICE ) i. NoirthCarolina )Vatura!!1l North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone (919) 733-7015 Customer Service Internet: www.ncwatcrquality.orQ 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 7VD'-t Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Coleen H. Sullins, Director Division of Water Quality April 28, 2008 CERTIFIED MAIL 7002 3150 0003 7052 6553 RETURN RECEIPT REQUESTED Mr. Kyle Young Eagles Nest Foundation Camp 43 Hart Road Pisgah Forest, NC 28768 Subject: Assessment of Civil Penalty for Violations of Reporting Requirements Eagles Nest Foundation Camp WWTP NPDES Permit NCO051021 Case Number LR-2008-0002 Transylvania County Dear Mr. Young: E C E-- j APR 3 0 2008 J) WAT; ER QUALI Y SECTION � ASHEVILLE REGIONAL CFFICF This letter transmits notice of a civil penalty assessed against the Eagles Nest Foundation'Camp WWTP in the amount of $600.00 ($500.00 civil penalty + $100.00 in enforcement costs). This assessment is based upon the following facts: the January 2008 discharge monitoring report was not filed with the Division of Water Quality within the thirty (30) day reporting period.in accordance With the monitoring and reporting requirements contained in your NPDES permit. A Notice of Violation (NOV-2007=111-0053) was sent to you dated September 21, 2007 (received by Eagles Nest Foundation on September 26, 2607), for failure to submit the July 2007 discharge monitoring report. Within said Notice, you were informed that future reports not received within the required timeframe would result in a recommendation for assessment of civil penalties. Based upon the above facts, I conclude as a matter of law that the Eagles Nest Foundation Camp WWTP violated or failed to act in accordance with the requirements of NPDES Permit NCO051021 and G.S. 143-215.65. A civil penalty of not more than $25,000.00 per violation may be assessed against a person who fails to file, submit, or make available any documents, data, or reports required by G.S. 143-215.65. The State's enforcement costs in this matter may be assessed pursuant to G.S. 143-215.3(a)(9) and G.S. 143-282.1(b)(8). Based upon the above findings of fact and conclusions of law, and pursuant to the authority delegated to me by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Quality, I hereby make the following civil penalty assessment against the Eagles Nest Foundation Camp WWTP: $_ $500.00 for failing to submit the January 2008 Discharge Monitoring Report as required by NPDES Permit NCO044199 and G.S. 143-215.65. $ $100.00 Investigation Costs $ $600.00 TOTAL AMOUNT DUE "o�se NltCarolina dvatura!!y North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone (919) 733-7015 Customer Service Internet: www ncwaterauality 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 Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty, I have taken into account the Findings of Facts and Conclusions of Law and have considered each and every specific factor set out in' G.S. 143B-282.1(b), which are: (1) The degree and extent of harm to the natural resources of the State, to public health, or to private property resulting from the violation; (2) The duration and gravity of the violation; (3) The effect on the ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; (6) Whether the violation was committed willfully or intentionally; (7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and (8) The cost to the State of the enforcement procedures. Within thirty days of receipt of this notice, you must do one of the following: 1. Submit payment of the penalty: Payment should be made directly to the order of the Department of Environment and Natural Resources (do not include waiver form). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). Please submit payment to the attention of: Point Source Branch Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 OR 2. Submit a written request for remission or mitigation including a detailed justification for such request. A request for remission or mitigation is limited to consideration of the reasonableness of the amount of the penalty and is not the proper procedure for contesting the accuracy of any of the statements contained in the assessment letter. Because a remission request forecloses the option of an administrative hearing, such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation that there are no factual or legal issues in dispute. You must execute and return to this office the attached waiver and stipulation form and a detailed statement, which you believe establishes whether: (a) one or more of the civil penalty assessment factors in G.S. 143B-282.1(b) were wrongfully applied to the detriment of the petitioner; (b) the violator promptly abated continuing environmental damage resulting from the violation; (c) the violation was inadvertent or a result of an accident; (d)_ the violator had been assessed civil penalties for any previous violations; (e) payment of the civil penalty will prevent payment for the remainingnecessary remedial actions. Please submit this information to the attention of: Point Source Branch Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Please note that all information presented in support of a request for remission must be submitted in writing. The Director of the Division of Water Quality will review the information during a bimonthly enforcement conference and inform you of his decision in the matter of the remission request. His response will provide details regarding case status, directions for payment and provision for further appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty Remissions. Please be advised that the Committee cannot consider information that was not part of the original remission request considered by the Director and therefore, it is very important that you prepare a complete and thorough statement in support of your request for remission. OR 3. Submit a written request for an'administrative hearing: If you wish to contest any statement in this assessment letter, you must request an administrative hearing. This request must be in the form of a written petition to the Office of Administrative Hearings and must conform to Chapter 150E of the North Carolina General Statutes. You must: File your original petition with the Office of Administrative Hearings 6714 Mail Service Center Raleigh, North Carolina 27699-6714 and Mail or hand -deliver a copy of the petition to General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh, North Carolina 27699-1601 Please indicate the case number (as found on page one of this letter) on the petition. Failure to exercise one of the options above within thirty days as evidenced by a date stamp (not a postmark) indicating when we received your response, will result in this matter being referred to the Attorney General's Office with a request to initiate a civil action to collect the penalty. Please be advised that additional assessments may be levied for violations that occur after the review period of this assessment. If you have any questions concerning this matter, please contact Mr. Bob Guerra at (919) 733-5083, extension 539. Sincerely, - —'QA �J /usanj'A. Wilson, P.E., Supervisor Western NPDES Program Attachments cc: TARO Surface -Water Protection w/attach_ m_ents `Effforcement-File w/attac� hm is Central Files w/attachments JUSTIFICATION FOR REMISSION REQUEST DWQ Case Number: LR-2008-0002 County: Transylvania Assessed Party: Eagles Nest Foundation Camp WWTP Permit Number: NCO051021 Amount Assessed: $600.00 Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission Waiver of Rikht to an Administrative Hearing and Stipulat_ ion 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 violatiori(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 143B-282.1(c), remission of a civil penalty may be granted only when one or more of the following five factors applies. Please check each factor that you believe applies to your case and provide a detailed explanation, including copies of supporting documents, as to why the factor applies (attach additional pages as needed). _ (a) one or more of the civil penalty assessment factors in N C G S 143B 282 1(b) were wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil penalty assessment document); (b) the violator promptly abated continuing environmental damage resulting from m 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: GC/6—e'&L WAr� �� 9p Michael F. Easley, Governor �o y William G. Ross Jr., Secretary ; r North Carolina Department of Environment and Natural Resources Coleen H. Sullins, Director Division of Water Quality September 21, 2007 CERTIFIED MAIL 7002 3150 0003 7052 9622 RETURN RECEIPT REQUESTED Mr. Kyle Young Eagles Nest Foundation Camp 43 Hart Road Pisgah Forest, NC 28768 Subject: NOTICE OF VIOLATION - NOV- 2007- LR- 0053 Eagles Nest Foundation Camp WWTP NCO051021 Transylvania County Dear Mr. Young: This is to inform you that the Division of Water Quality has not received your monthly monitoring report for July 2007 after the required reporting date. This is in violation of Part II, Condition D(2) of the NPDES permit, as well as 15A NCAC 2B .506(a), which requires the submittal of Discharge Monitoring Reports no later than the thirtieth (301h) day following the reporting period. Failure to submit reports as required will subject the violator to the assessment of a civil penalty of up to $25,000 per violation. You will be considered noncompliant with the self -monitoring requirements of your NPDES permit until the report has been submitted. Please submit the June 2007 DMR report within 15 days of receipt of this notice if you have not yet submitted it. To prevent further action, please submit future monthly reports within the above -mentioned timeframe to avoid further enforcement actions. The Division must take these steps because timely submittal of discharge monitoring reports is essential to the efficient operation of our water quality programs. We appreciate your assistance in this matter. If you have any questions about this letter or Discharge Monitoring Reports, please contact me at 919-733-5083, extension 539. Sincerely,. 6WIA, wz/ Bob Guerra Western Region NPDES Unit cc: Dy!JGQQ`Asheville Surface UVatdr Protecton'upervisor Central FI es S EP 2 5 2007 I WATER QUALITY SECTION ASHEVILLE REGIONAL OFFICE Nose Carolina Atura!!y North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone (919) 733-5083 Customer Service Internet: h2o.enr.state.nc.us 512 N. Salisbury St. Raleigh, NC 27604 FAX (919) 733-0719 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer-50% Recycled/10% Post Consumer Paper - .nSSY..:�1t3i'a::.wa :e�,J�•.. a...-,...z.,:_io.. :-;:,�_::h`='c •: - 3 W A r� hZ'a^--SSA rf Y=yr7 . { t Michae F. E ley Governor ._ QG Witliam Ro�Jr Sec��eetary� North Carolina Department c E ivi onment a d Na eso6rces Cq $ 7 j �— Alan W. Klimek, P.E. Director Division of Water Quality t ,} y .. Asheville Regional Office SURFACE WATER PROTECTION SECTION January 26, 2007 Mr. Kyle Young Eagle's Nest Foundation 43 Hart Road Pisgah Forest, NC 28768 SUBJECT: Compliance Evaluation Inspection Eagle's Nest Foundation - Camp Permit number NCO051021 Transylvania County Dear Mr. Young: Enclosed please find a copy of the Compliance Evaluation Inspection form from the inspection conducted on, January 25, 2007. The facility was found to be in compliance with permit NC0051021. It was a pleasure to meet you. Your operator is doing a good job. 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.4662. Sincerely, Wanda P Frazier Environmental Specialist Enclosure cc: Keith Bond — 99 Maple Hill Road; Penrose, NC 28766 Ceutral Files hevi:ilOF Files One North Carolina 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. E P n/_1 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 2 151 31 N00051021 111 121 07/01/25 117 181 CI 191 sl 201 Remarks 211IIIIIIIIIIIIIIIIIIIIIII IIII IIIIIIIIIIIIIIIIIII1) Inspection Work Days Facility Self -Monitoring Evaluation Rating B1 QA --------------------------- Reserved ---------------------- 67I 1,0 169 70 131 711 I 721 NJ 73 W 74 751 I I I I I Li Section B: Facility Data Name and Location of Facility Inspected (For Industrial Users discharging to POTW, also include Entry Time/Date Permit Effective Date POTW name and NPDES,permit Number) Eagle's.Nest Foundation -Camp 10:15 AM 07/01/25 05/10/01 Exit Time/Date Permit Expiration Date Hart Rd Pisgah Forest NC 28768 10:45 AM 07/01/25 10/09/30 Name(s) of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data H. Keith Bond/ORC/828-884-2770/ Name, Address of Responsible OfficiaUTitle/Phone and Fax Number Contacted 43 Hart Rd Pisgah Forest NC 28768//828-B77-4349/ yes Section C: Areas Evaluated During Inspection (Check only those areas evaluated) Permit Operations & Maintenance ■ Records/Reports Self -Monitoring Program Facility Site Review ® Effluent/Receiving Waters Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s) and Signature(s) of Inspector(s) Agency/Office/Phone and Fax Numbers Date Wanda P Frazier ARO WQ//828-296-4500 Ext.4662/ 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 NCO051021 I11 12I 07/01/25 I17 18ICI (cont.) Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) A review of the files indicates that the last compliance evaluation inspection was conducted on 5-11-2006 by Jim Reid and Starr Silvis. The permit expires on 9/3.0/2010, please request a permit renewal 6 months prior to expiration. The aeration basin process control data was as follows on the day of the inspection. Temperature = 7.8 degrees Celcius Dissolved Oxygen = 2.8 mg/I Tip: The ideal level for dissolved oxygen in the aeration basin is generally 1 to 3 mg/I. Seasonal changes in temperature require the adjustment of the aeration timer to achieve ideal dissolved oxygen levels. Settleable Solids = 950 ml / 3000 ml = 32% Tip: Using the settleability test, the return sludge pumping rate is usually set so that the flow rate is approximately equal to the percentage volumes occupied by the settleable solids from the aeration basin after settling for 30 minutes in a settleometer. For example, a settleability of 30% would generally indicate a recommended return sludge pumping rate of 30%. Having the percent settleable solids (i.e. 30%) the same as the percent return sludge pumping rate (i.e. 30%), allows for the solids balance in the plant to be maintained. If the plant cannot handle that return sludge pumping rate, then wasting is probably recommended. pH = 6.4 units The effluent data was as follows on the day of the inspection. Dissolved Oxygen = 6.0 mg/I Temperature = 7.7 degrees Celcius Chlorine = < 20 ug/I pH = 6.7 units Kyle Young, the maintenance supervisor and Keith Bond, the contract operator, were on -site during the inspection. The log book was present on -site and had good notation of daily events. The effluent appeared to be clear, indicating compliance with permit limits. This facility appears to be well operated and maintained. The operator is doing a good job. Page # 2 Permit: NC0051021 Owner - Facility: Eagle's Nest Foundation -Camp Inspection Date: 01/25/2007 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? n n ■ n Is the facility as described in the permit? ■ ❑ ❑ n # Are there any special conditions for the permit? ❑ ■ 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 Comment: Effluent Sampling Yes No NA NE Is composite sampling flow proportional? n n ■ n Is sample collected below all treatment units? ■ n n n Is proper volume collected? n n n ■ Is the tubing clear'? n ❑ ■ n Is proper temperature set for sample storage (kept at 1.0 to 4.4 degrees Celsius)? n n ❑ ■ Is the facility sampling performed as required by the permit (frequency, sampling type representative)? ■ 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 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 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 Are the diffusers operational? ■ n n n Is the foam the proper color for the treatment process? ® n n n Page # 3 �� o T F w z O o m 5 5 5 3 j s 3 m CD CD a o 00 CD CD (nO CD 0 < O ED _0Q7 N N C CD cr O CD N v N OCD _. m o CD (D (nn (D _7 O 73 CD O C7 ID CD C1 OCL O � O F N cc O zr Q p n O O (D COD S N CD O (S CU CD 3 _• O N C O (o J cy C O Q zt zt C •J � •J ■ D ■ (n I] I] I] o co I] ■ I] D CD I] 1] I] z m 41 D D m CD =r v CD 6 E Q n � CS cn O 3 CD fll c o � O CD p � CD N Cll CD O a) O N (1 ,J `G CD CD �J v o CD (D () rrT fl1 a (D M 5 CD 5 0 0 5 m m m m c m (D g CD CD m o m n. cn Cn (n (� (n c� CL 0 N C < CD CD CD (D N CD O _ CD _�--.. •� O = C (D � CD CAD G CD CD �� .�-f < N O_ CD O< CD (D CD CD 0 CD n D O O (ll O O •J O (D ili CD CO] CD CD X C- < CD X O o m m m n E m �CD CD o o Cn C m 0- Cn v X aFD ) O Il7 n O O n J m oco CD m CD _ J fll cr C fn CL O (D O S J C1 O CD CD =3 C CL p c C cc 'a O W a 6 O n O O CL i N C C n Cn Cl) -O (o C O (O O CD-„ CD 'J (a Cn (n CD J ED CD C m CD j CD O O n . C O N CD •J o 5 CD (D CJ 5 C) (D (p O < Sv CD N O CD M N CD O' U) CD •J � N 7 N Ul 0 O 5 CD 0' N (n (n C v CD CD •J N m O W iv cn U) M ID I] I] I] I] I] o ❑ 1] 1] I] 1] I] I] I] I] I] I] o I] I] I] o I] I] I] I] ❑ y I] I] I] ■ 1] 1] I] 1] I] I] 1] D I] I] I] D I] 1] 1] 1] 1] z I] 1] I] Cl I] I] I] 1] 1] Cl 1] z I] D I] z m m m CD CD 0 O 7 CJ CD CD CD z N O C:) C31 (J � O O O 11 — v Permit: NCO051021 Owner - Facility: Eagle's Nest Foundation -Camp Inspection Date: 01/25/2007 Inspection Type: Compliance Evaluation De -chlorination Yes No NA NE Comment: Are the tablets the proper size and type? ■ ❑ ❑ ❑ Are tablet de -chlorinators operational? ■ ❑ Q ❑ Number of tubes in use? 1 Comment: O _erations & Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? ®❑ ❑ ❑ Does the facility analyze process control parameters, for ex: MLSS, MCRT, Settleable Solids, pH, DO, Sludge ■ ❑ ❑ ❑ Judge, and other that are applicable? Comment: Effluent Pipe Yes No NA NE Is right of way to the outfall properly maintained? ®❑ n n Are the receiving water free of foam other than trace amounts and other debris? ■ ❑ ❑ Q If effluent (diffuser pipes are required) are they operating properly? n n ■ fl Comment: Page # 5 W A TFMichael F. Easley, Governor Iliam G. Ross Jr., Secretary North Carolina Department ent and Natural Resources 17- Alan W. Klimek, P.E. Director =i Division of Water Quality O 'C' Asheville Regional Office �. %MS �r.CO.•�..�-..i�.r.L9TA�a':'.f^rAi:Lta.'SI2�.d�Y.Ld'-"i-� SURFACE WATER PROTECTION +n May 31, 2006: s/ kYYY'•..r..Vtvrw..H/..4Jt�NrYr...n.c Gary Daniel Eagle's Nest Foundation 43 Hart Rd Pisgah Forest NC 28768 SUBJECT: May 11, 2006 Compliance Sampling Inspection Eagle's Nest Foundation -Camp Permit No: NCO051021 Transylvania County Dear Mr. Daniel: Enclosed please find a copy of the Compliance Sampling Inspection form from the inspection conducted on MaV 11, 2006. Jim Reid and I conducted the inspection. The facility was found to be in Compliance with permit NC0051021. 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 4665. Sincerely, Starr Silvis i Environmental Engineer Enclosure cc: H. Keith Bond, ORC Central Files "MMMeville_Fi1es "_:,, NorthCarolina 2090 U.S. Highway 70, Swannanoa, NC 28778 Telephone: (828) 296-4500 Fax: (828) 299-7043 Customer Service 1 877 623-6748 r� United States Environmental Protection Agency Form Approved. E n /� Washington, D.C. 20460 r/ 1 OMB No. 2040-0057 Water Compliance inspection Report Approval expires 8-31-98 Section A: National Data System Coding (i.e., PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 I NI 2 1 5I 31 N00051021 111 121 .06/05/11 117 181 SI �-- 19I SI 201 I I J Remarks 2111111111IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII11111116 Inspection Work Days Facility Self -Monitoring Evaluation Rating 131 QA -------------------- ------ Reserved ----------- - ----- — 67 1 169 70I II 711 I 721 NJ 73 LLJ 74 711 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) Eagle's Nest Foundation -Camp 03:45 PM 06/05/11 05/10/01 Exit Time/Date Permit Expiration Date Hart Rd Pisgah Forest NC 28768 04:00 PM 06/05/11 10/09/30 Name(s) of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data H. Reith Bond/ORC/828-884-2770/ Name, Address of Responsible Official/Title/Phone and Fax Number Contacted Gary Daniel,43 Hart Rd Pisgah Forest NC 28768//828-877-4349/ No Section C: Areas Evaluated During Inspection (Check only those areas evaluated) Flow Measurement N Operations & Maintenance N 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 Jaynes R Reid �rU� ARO WQ//828-296-4500 Ext.4651/ Date / �/, Starr Silvis ARO WQ//828-296-4500/ Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date Roger C Edwardsx ARO WQ//828-296-4500/ L5 tgCo EPA Form 3560-3 (Rev 9-94) Previous editions are obsolete. Page # 1 NPDES yr/mo/day Inspection Type 1 3I NC0051021 111 12I 06/05/11 I17 18IS1 Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) The facility was operating at a very low flow during the inspection. Sampling Results BOD 4.8 mg/1 TSS 9.8 mg/I Permit: NCO051021 Owner - Facility: Eagle's Nest Foundation -Camp Inspection Date: 05/11/2006 Inspection Type: Compliance Sampling Operations & Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? ■ ❑ n ❑ Does the facility analyze process control parameters, for ex: MLSS, MCRT, Settleable Solids; pH, DO, Sludge ■ ❑ n n Judge, and other that are applicable? Comment: Flow Measurement - Effluent Yes No NA NE # Is flow meter used for reporting? ■ ❑ ❑ ❑ Is flow meter calibrated annually? ■ ❑ ❑ ❑ Is the flow meter operational? ■ ❑ ❑ ❑ (If units are separated) Does the chart recorder match the flow meter? ❑ ❑ ■ ❑ 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? ■ ❑ ❑ Cl Is disposal of screening in compliance? ■ ❑ ❑ ❑ Is the unit in good condition? ■ ❑ ❑ ❑ Comment: 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? ■ ❑ n ❑ 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? ■ ❑ ❑ ❑ Page # 3 N N T Permit: NCO051021 Owner- Facility: Eagle's Nest Foundation -Camp Inspection Date: 05/11/2006 Inspection Type: Compliance Sampling Secondary Clarifier Is the sludge blanket level acceptable? (Approximately %4 of the sidewall depth) Comment: Aeration Basins Mode of operation 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: 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: Disinfection -Tablet Are tablet chlorinators operational? Are the tablets the proper size and type? Number of tubes in use? is the level of chlorine residual acceptable?. Is the contact chamber free of growth, or sludge buildup? Is there chlorine residual prior to de -chlorination? Yes No NA NE nnn■ Ext. Air Diffused Tablet ■nn❑ n n ■ n ■nnn Yes No NA NE ■❑❑n 2 ■❑nn Page # 4 Permit: NC0051021 Owner - Facility: Eagle's Nest Foundation -Camp Inspection Date: 05/11/2006 Inspection Type: Compliance Sampling Disinfection -Tablet Comment: Yes No NA NE Page # 5 OUNTY f ..A0r*/y) \ r1 LabNumber: /�O 6 U.V ) l PRIORITY VER BASIN ? ❑AMBIENT SAMPLE TYPE Date Received: Time: :PORT TO: AFFU.FRO MRO RRO WaRO WiRO WSRO TS El C BM Qp ❑STREAM EFFLUENT Rec�(j 'd b y: •� From: Bus-Courier('Hand Del ^] :her COMPLI'ANCE ❑ CHAIN ❑ LAKE ❑ INFLUENT DATA ENTRY BY: 371yl.j CK: .J Mtj 11LJ ipped by: Bus Courier, Staff, Other EMERGENCY OF CUSTODY ❑ ESTUARY DATE REPORTED: .� -i J •tJ ILLECTOR(S): c STATION LOCATION: ;timated BOD Range: 0-5/5-25/25-65/40-130 or 300 plus Q Gj/ 1�! �� �Q �� A j! f�J J \) r\ `ed: Yes ❑ No ❑ Chlorinated: Yes V No ❑ REMARKS: ation ,# Date Begin (yy/mm/dd) r //�� , I Time Begin � Date End Time End Depth DM DB DBM Value T P yPe Composite Sample Type `J Q l< <� ' A H L T S B C rG 1 GNXX 1 BODS 310 mg/I 2 COD High 340 mg/1 3 COD Low 335 mg/l 4 Coliform: MF Fecal 31616 /loom] ColHar a: MF Total 31504 /loom] 6 Coliform: Tube Fecal 31615 /loom] Coliform: Fecal Strep 31673 /loom] 8 Residue: Total 500 mg/1 9 Volatile 50S mg/l 10 Fixed 510 mg/] 11 Residue: Suspended 530 ty is mg/l / LJ 12 Volatile 535 mg/1 13 Fixed 540 mg/l 14 pH 403 units 15 Acidity to pH 4.5 436 mg/1 16 Acidity to pH 8.3 435 mg/l 19 Alkalinity to pH 8.3 415 mg/1 18 Alkalinity to pH 4.5 410 mg/l 19 TOC 680 mg/l 20 Turbidity 76 NTU Chloride 940 mg/I Chi a: Tri 32217 ug/l Chi a: Corr 32209 ug/l Pheophytin a 32213 ug/l Color: True 80 Pt;.C6 Color:(pH ) 83 ADMI Color; pH 7.6 82 ADMI Cyanide 720 mg/1 Fluoride 951 mg/l Formaldehyde 71880 mg/l Grease and Oils 556 mg/l Hardness Total900 ms/l Specific Cond. 95 2 uMhos/cm MBAS 38260 mg/l Phenols 32730 ug/l Sulfate 945 mg/1 Sulfide 745 mg/l NH3 as N 610 mg/1 TKN as N 625 mg/l NO2 plus NOS as N 630 mg/1 P: Total as P 665 mg/l PO4 as P 70507 mgA P: Dissolved as P 666 mg/l Cd-Cadmium 1027 ug/l CrChromium:Tota11034 U94 Cu-Copper 1042 ug/1 Ni-Nickel 1067 ug/l Pb-Lead 1051 ug/l Zn-Zinc 1092 ug/f Ag-Silver 1077 ug/l AI -Aluminum 11' ug/i Be -Beryllium 1012 ug/l Ca -Calcium 916 mgA Co -Cobalt 1037 USA Fe -iron 1045 ugA Li -Lithium 1132 u Mg -Magnesium 927 mq Mn-Manganese 1055 u Na-Sodium 929 mg/l Arsenic:Total 1002 ug/1 Se -Selenium 1147 ug/1 fig -Mercury 71900 ug/l Organochlorine Pesticides Organophosphorus Pesticides Acid Herbicides Base/ Neutral Extractable Organics Acid Extractable Organics e Organics(VOA bottle reg' t ton mpling Point % Conductance at 25 C Water Temperature (C, D.O. mg/l pH Alkalinity PH 83 pH 4.5 Acidity pH 4.5 pH 8.3 Air Temperature (C) 94 Salinity % 10 Precipition on/day) 300 Cloud Cover % 400 . Wind Direction (Deg) 431 Stream Flow Severity Turbidity Severity 82243 82242 Wind Velocity M/H Mean 20 Stream Depth ft Stream Width ft. 480 45 32 36 1351 1350 35 64 4 Mr. Kyle Young Eagles Nest Foundation Pisgah Forest, NC 29569 Subject: NOTICE OF VIOLATION Eagles Nest Foundation Camp - WWTP NPDES Permit NCO051021 Transylvania County NOV-2005-LR-0114 Dear Mr.. Young: This is to inform you that the Division of Water Quality has not received your'monthly monitoring report for October 2005. This is in violation of Part II, Condition D(2) of the NPDES permit, as well as 15A NCAC 2B .506(a), which requires the submittal of Discharge Monitoring Reports no later than the thirtieth (30th) day following the reporting period. Failure to submit reports as required will subject the violator to the assessment of a civil penalty of up to $25,000 per violation. You will be considered noncompliant with the self -monitoring requirements of your NPDES permit until the report has been submitted. To prevent further action, please submit said report to Bob Guerra at the address shown below, within fifteen (15) days of receipt of this notice. The Division must take these steps because timely submittal of discharge monitoring reports is essential to the efficient operation of our water quality programs. We appreciate your assistance in this matter. If you have any questions about this letter or Discharge Monitoring Reports, please contact me at 919-733-5083, extension 539. Sincerely, Bob Guerra Western Region NPDES Unit cc: DWQ Asheville Regional Office Supervisor Central Files o e NhCarolina Naturally North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone (919) 73375083 Customer Service Internet: h2o.enr.state.nc.us 512 N. Salisbury St. Raleigh, NC 27604 FAX (919) 733-0719 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer:- 50% Recycled110% Post Consumer Paper