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Facility information
NPDES permit #: NC0023566 Buncombe County
Facility name: 13 ake Atkins and Duncan Dorris -
dba: Micaville Loop LLC WWTP
(formerly: Taylor Togs, Inc.)
WWTP class: II
WWTP type: 0.010 MGD extended aeration type package plant
consisting of: 500 gallon influent lift station; bar
screen; 10,000. gallon aeration basin with dual
blowers providing diffused air; 3000 gallon
clarifier with skimmer and sludge returns; 1000
gallon aerobic digestor; tablet chlorinator;
300 gallon chlorine contact tank; 5000 gallon fine
solids settling tank; and tablet dechlorinator.
Annual Average Flow: 0 MGD (facility is currently closed — no flow)
Collection System: Consists of < 12 connections (100% domestic)
Development: Commercial facility; currently closed.
Sludge Management: Commercial hauler to the Town of Burnsville's
WWTP.
WWTP location: 621 Micaville Loop, Micaville
(intersection of US Hwy 19E and NC Hwy 80)
Responsible official: Blake Atkins (and Duncan Dorris)
Responsible " 's title: President
Official's location: 621 Micaville Loop, Micaville, NC 28755
Mailing address: PO Box 755; Micaville, NC 28755
Phone numbers
828-284-2155 cell Blake Atkins
828-765-8606 " — fax (email: atkinsgrading@hotmail.com)
828-260-2027 cell Jadd Brewer- ORC(waterqualitylabs@yahoo.com)
828-898-6277 Water Quality Lab & Operations, Inc. — contractor
828-898-6255 "" — fax — PO Box 1167; Banner Elk, NC 28604
828-260-2053 cell Larry Townsend, Back-up ORC
828-898-9212 " - home
Operator information
Water Quality Lab & Operations, Inc. - contractor
ORC & grade: Jadd Brewer - Grade III - Cert. # 10206
Back-up ORC & grade: Larry Townsend -Grade III - Cert. # 11841
Permit information
Date issued: 9-19-2008 (modification: name change)
Expiration date: 2-28-2011
New permit expiration: 2-28-2016
Stream information
Stream: Little Crabtree Creek
River basin: French Broad River Basin
Sub-basin: 04-03-06
Hydrologic Unit Code: 06010108
Quad: Micaville, NC
Grid: D 10 NW
Stream classification: C-Trout
Drainage area sq mi: 21.7
Instream Waste Conc.: 0.25%
Average stream flow: 48 cfs
Summer 7Q10 cfs: 6.3
Winter 7Q10 cfs: 9.0
30Q2 cfs: 12
Other information
Directions: Facility is located at the intersection of US Hwy
19E and NC Hwy 80 in Micaville, east of
Burnsville.
I
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NCDENR
North Carolina Department of Environment and No.tural,I p,,qg ,ps
Division.of.Water Quality;;.: .
Beverly Eaves Perdue Coleen H. Sullins r :.:p.e Freeman
Governor Director
Secretary
III
�• i�1 �s �+ I
March 8, 2011
s.
r SEC I!ON
l i:.r;t �l�t-rri�
Mr. Blake Atkins&Mr: Duncan Dorris ,,,. �,s;r VV�� I I_i_ he r ,�
Dba: Micaville Loop, LLC -- 'v 1L 0i i--ICC
PO Box 755
Micaville, North Carolina 28755 £
Subject: Issuance of NPDES Permit No..NC003566
Micaville Loop WWTP Class 44L WW 1. �
Yancey County
Dear Permittee: `, (o";
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).
The following modifications in the January 5,2011 draft permit remain in the final permit:
• Footnote#1 has been revised with the following additional Total Residual Chlorine Language: "The facility shall
report all effluent TRC values reported by a NC certified laboratory including field certified. However, effluent values
. below 50 ug/I will be treated as zero for compliance purposes."
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 150E of the North Carolina General Statutes,and filed with the Office of
Administrative Hearings (6714 Mail Service Center, Raleigh, North Carolina 27699-6714). Unless such demand is made, this
decision shall be final and binding.
Please note that this permit is not transferable except after notice to the Division. The Division may require modification or
revocation and reissuance of the permit. This permit does not affect the legal requirements to obtain other permits which may
be required by the Division of Water Quality or permits required by the Division of Land Resources,the Coastal Area
Management Act or any other Federal or Local governmental permit that may be required. If you have any questions
concerning this permit, please contact Bob Guerra at telephone number(919)807-6387 or email at(bob guerra(cDncdenr aov).
qColeen
ly,
H. Sullins
Enclosure: NPDES Permit NCO023566
cc: Asheville Regional Office,/Surface Water Protection'=Roger Edwards,Supervisor,
NPDES Unit
Central files
1617 Mail Service Center,Raleigh,North Carolina 27699-1617
Location:512 N.Salisbury St Raleigh,North Carolina 27604
Phone 919-807-63001 FAX 919-807-64921 Customer Service 1 877-623-6748
Internet www.ncwaterqualltyorg.
North .Carolina
"An Equal Opportunity 1 Affirmative Action Employer K to l l b
n
Permit NC0023566
STATE OF NORTH CAROLINA
DEPARTMENT OF-ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
PERMIT
TO DISCHARGE WASTEWATER UNDER THE
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
In compliance with the provisions of North Carolina General Statute 143-215.1, other lawful standards
and.regulations promulgated and adopted by the North Carolina Environmental Management
Commission, and the Federal Water Pollution Control Act, as amended,
k
Blake Atkins & Duncan Dorris
dba. Micaville Loop, LLC
is hereby authorized to discharge wastewater from a facility located at the
Micaville Loop VW11TP
621 Micaville Loop
Micaville
Yancey County
to receiving waters designated as Little Crabtree Creek 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 April 1, 2011.
This permit and authorization to discharge shall expire at midnight on February 29, 2016.
Signed this day March 8, 2011.°
Co pn H. Sullins, Director
Dkvrsion of Water Quality
- By Authority of the Environmental Management Commission
Permit NCO023566
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.
Duane Atkins & Duncan Dorris, dba. Micaville Loop, LLC
are hereby authorized to:
1. Continue to operate an existing 0.010 MGD wastewater treatment plant consisting of
the following treatment components:
♦ Influent lift station
♦ Bar screen
♦ Aeration basin
♦ Clarifier with sludge return
♦ Sludge holding tank
♦ Tablet chlorinator
♦ Chlorine contact chamber
♦ Fine solids settling tank
♦ Tablet Dechlorination
This facility is located at the Micaville Loop WWTP, at 621 Micaville Loop, Micaville in
Yancey County.
2. Discharge from said treatment works at the location specified on the attached map
into Little Crabtree Creek, classified C-Trout waters in the French Broad River Basin.
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Blake Atkins & Duane Dorris
Facility
Micaville Loop WWTP Location
Latitude: 35'54'19 78"N State Grid: Micaville not to scale
Longitude t_.::::_&2g12';54.33"-iV Permitted Flow --,0:010MGD ".
Receiving Stream: Little Crabtree Creek Drainage B SIa n French Broad Basin ] NPDES Permit No.NCO023566
Stream Class: C-Trout Sub-Basin: 04-03-06 0601, NOrth Yancey County
Permit NCO023566
A. (1.) - EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS
During the period beginning on the effective date of this permit and lasting until.expiration, -
the Permittee is authorized to discharge from outfall 001. Such discharges shall be limited
and monitored by the Permittee as specified below:
Effluent Characteristics Limits ' ` Monitoring Requirements
Monthly � Daily Measurement Sample Sample
Average Maximum Frequency . Type Location
50050 -Flow 0.010 MGD Weekly Instantaneous Influent or Effluent
50060 -Total Residual 28 pg/L 2/Week Grab Effluent
Chlorine
31616- Fecal Coliform 200/100 ml 400/100m► Weekly Grab Effluent
(geometric mean)
00400—pH 6.0—9.0 Standard Units Weekly Grab Effluent
00310 -BOD, 5-day, 30.0 mg/L 45.0 mg/L Weekly Grab Effluent
200 C
00530-Total
Suspended Solids 30.0 mg/L 45.0'mg/L Weekly Grab Effluent
Suspended
00610 NH3 as N 2/Month Grab Effluent
Footnotes:
1. The Division shall consider all effluent TRC values reported below 50 ug/L to be in compliance with the
permit. However, the;Permittee_shall continue to record and submit all values reported ,by -a North,
Carolina certified laboratory(including field certified), even if these values fall below 50 ug/L.
There shall be no discharge of floating solids or visible foam in other than trace amounts.
(—�PDES Permit Standard Conditions
Page 1 of 18
PART II
STANDARD CONDITIONS FOR NPDES PERMITS
Section A. Definitions
2/Month
Samples are collected twice per month with at least ten calendar days between sampling events. These samples
shall be representative of the wastewater discharged during the sample period.
3/Week
Samples are collected three times per week on three separate calendar days. These samples shall be representative
of the wastewater discharged during the sample period.
Act or"the Act"
The Federal Water Pollution Control Act,also known as the Clean Water Act(CWA),as amended,33 USC 1251,et.
seq.
Annual Average
The arithmetic mean of all "daily discharges"of a pollutant measured during the calendar year.In the case of fecal
coliform,the geometric mean of such discharges.
Arithmetic Mean
The summation of the individual values divided by the number of individual values.
Bypass
The known diversion of waste streams from any portion of a treatment facility including the collection system,
which is not a designed or established or operating mode for the facility.
Calendar Day
The period from midnight of one day until midnight of the next day. However, for purposes of this permit, any
consecutive 24-hour period that reasonably represents the calendar day may be used for sampling.
Calendar Week
The period from Sunday through the following Saturday.
Calendar Quarter
One of the following distinct periods: January through March, April through June,July through September, and
October through December.
Composite Sample
A sample collected over a 24-hour period by continuous sampling or combining grab samples of at least 100 ml in
such a manner as to result in a total sample representative of the wastewater discharge during the sample period.
The Director may designate the most appropriate method(specific number and size of aliquots necessary,the time
interval between grab samples,etc.) on a case-by-case basis. Samples may be collected manually or automatically.
Composite samples may be obtained by the following methods:
(1) Continuous:a single,continuous sample collected over a 24-hour period proportional to the rate of flow.
(2) Constant time/variable volume: a series of grab samples collected at equal time intervals over a 24 hour
period of discharge and combined proportional to the rate of flow measured at the time of individual
sample collection,or
(3) Variable time/constant volume: a series of grab samples of equal volume collected over a 24 hour period
with the time intervals between samples determined by a preset number of gallons passing the sampling
point. Flow measurement between sample intervals shall be determined by use of a flow recorder and
totalizer, and the preset gallon interval between sample collection fixed at no greater than 1/24 of the
expected total daily flow at the treatment system,or
(4) Constant time/constant volume: a series of grab samples of equal volume collected over a 24-hour period
at a constant time interval. Use of this method requires prior approval by the Director. This method may
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only be used in situations where effluent flow rates vary less than 15 percent. The following restrictions
also apply:
➢ Influent and effluent grab samples shall be of equal size and of no less than 100 milliliters
➢ Influent samples shall not be collected more than once per hour.
➢ Permittees with wastewater treatment systems whose detention time<24 hours shall collect effluent
grab samples at intervals of no greater than 20 minutes apart during any 24-hour period.
➢ Permittees with wastewater treatment systems whose detention time exceeds 24 hours shall collect
effluent grab samples at least every six hours;there must be a minimum of four samples during a 24-
hour sampling period.
Continuous flow measurement
Flow monitoring that occurs without interruption throughout the operating hours of the facility. Flow shall be
monitored continually except for the infrequent times when there may be no flow or for infrequent maintenance
activities on the flow device.
Daily Discharge
The discharge of a pollutant measured during a calendar day or any 24-hour period that reasonably represents the
calendar day for purposes of sampling. For pollutants measured in units of mass, the "daily discharge" is
calculated as the total mass of the pollutant discharged over the day. The "daily discharge" concentration
comprises the mean concentration for a 24-hour sampling period as either a composite sample concentration or the
arithmetic mean of all grab samples collected during that period. (40 CFR 122.2)
Daily Maximum
The highest"daily discharge" during the calendar month.
Daily Sampling
Parameters requiring daily sampling shall be sampled 5 out of every 7 days per week unless otherwise specified in
the permit. Sampling shall be conducted on weekdays except where holidays or other disruptions of normal
operations prevent weekday sampling. If sampling is required for all seven days of the week for any permit
parameter(s),that requirement will be so noted on the Effluent Limitations and Monitoring Page(s).
DWQ or"the Division"
The Division of Water Quality,Department of Environment and Natural Resources.
EMC
The North Carolina Environmental Management Commission
EPA
The United States Environmental Protection Agency
Facility Closure
Cessation of all activities that require coverage under this NPDES permit. Completion of facility closure will allow
this permit to be rescinded.
Geometric Mean
The Nth root of the product of the individual values where N = the number of individual values. For purposes of
calculating the geometric mean,values of"0" (or"< [detection level]")shall be considered=1.
Grab Sample
Individual samples of at least 100 ml collected over a period of time not exceeding 15 minutes.Grab samples can be
collected manually. Grab samples must be representative of the discharge (or the receiving stream, for instream
samples).
Hazardous Substance
Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the CWA.
Instantaneous flow measurement
A measure of flow taken at the time of sampling,when both the sample and flow will be representative of the total
discharge.
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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 122.411.
a. The Permittee shall comply with effluent standards or prohibitions established under section 307(a) of the
CWA for toxic pollutants and with standards for sewage sludge use or disposal established under section
405(d) of the CWA within the time provided in the regulations that establish these standards or
prohibitions or standards for sewage sludge use or disposal,even if the permit has not yet been modified
to incorporate the requirement.
b. The CWA provides that any person who violates section[s] 301,302,306,307,308,318 or 405 of the Act,or
any permit condition or limitation implementing any such sections in a permit issued under section 402,
or any requirement imposed in a pretreatment program approved under sections 402 (a) (3) or 402 (b) (8)
of the Act, is subject to a civil penalty not to exceed $37,500 per day for each violation. [33 USC 1319 (d)
and 40 CFR 122.41 (a) (2)]
c. The CWA provides that any person who negligently violates sections 301,302,306,307,308,318,or 405 of
the Act,or any condition or limitation implementing any of such sections in a permit issued under section
402 of the Act, or any requirement imposed in a pretreatment program approved under section 402(a)(3)
or 402(b)(8) of the Act, is subject to criminal penalties of $2,500 to $25,000 per day of violation, or
imprisonment of not more than 1 year, or both. In the case of a second or subsequent conviction for a
negligent violation, a person shall be subject to criminal penalties of not more than $50,000 per day of
violation,or by imprisonment of not more than 2 years,or both. [33 USC 1319 (c) (1)and 40 CFR 122.41 (a)
(2)]
d. Any person who knowingly violates such sections, or such conditions or limitations is subject to criminal
penalties of$5,000 to $50,000 per day of violation, or imprisonment for not more than 3 years, or both. In
the case of a second or subsequent conviction for a knowing violation,a person shall be subject to criminal
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penalties_of-nat_more_than_�1-00,OOD-p-er-dayof violation, or imprisonment of not_more than_6_years, or _
both. [33 USC 1319(c) (2) and 40 CFR 122.41 (a)(2)]
e. Any person who knowingly violates section 301,302,303,306,307,308,318 or 405 of the Act,or any permit
condition or limitation implementing any of such sections in a permit issued under section 402 of the Act,
and who knows at that time that he thereby places another person in imminent danger of death or serious
bodily injury,shall,upon conviction,be subject to a fine of not more than$250,000 or imprisonment of not
more than 15 years,or both. In the case of a second or subsequent conviction for a knowing endangerment
violation, a person shall be subject to a fine of not more than $500,000 or by imprisonment of not more
than 30 years, or both. An organization, as defined in section 309(c)(3)(B)(iii) of the CWA, shall, upon
conviction of violating the imminent danger provision,be subject to a fine of not more than$1,000,000 and
can be fined up to$2,000,000 for second or subsequent convictions. [40 CFR 122.41 (a) (2)]
f. Under state law,a civil penalty of not more than$25,000 per violation may be assessed against any person
who violates or fails to act in accordance with the terms, conditions, or requirements of a permit. [North
Carolina General Statutes§143-215.6A]
g. Any person may be assessed an administrative penalty by the Administrator for violating section 301,302,
306, 307, 308, 318 or 405 of this Act, or any permit condition or limitation implementing any of such
sections in a permit issued under section 402 of this Act.Administrative penalties for Class I violations are
not to exceed $16,000 per violation, with the maximum amount of any Class I penalty assessed not to
exceed $37,500. Penalties for Class II violations are not to exceed $16,000 per day for each day during
which the violation continues,with the maximum amount of any Class II penalty not to exceed $177,500.
[33 USC 1319(g) (2)and 40 CFR 122.41 (a) (3)]
2. Duty to Mitigate
The Permittee shall take all reasonable steps to minimize or prevent any discharge or sludge use or disposal in
violation of this permit with a reasonable likelihood of adversely affecting human health or the environment
[40 CFR 122.41 (d)].
3. Civil and Criminal Liability
Except as provided in permit conditions on 'Bypassing" (Part II. C. 4), "Upsets" (Part II. C. 5) and 'Power
Failures" (Part II. C. 7), nothing in this permit shall be construed to relieve the Permittee from any
responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3, 143-215.6 or Section 309
of the Federal Act,33 USC 1319. Furthermore,the Permittee is responsible for consequential damages, such as
fish kills,even though the responsibility for effective compliance may be temporarily suspended.
4. Oil and Hazardous Substance Liability
Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the Permittee
from any responsibilities, liabilities, or penalties to which the Permittee is or may be subject to under NCGS
143-215.75 et seq. or Section 311 of the Federal Act,33 USG 1321. Furthermore,the Permittee is responsible for
consequential damages, such as fish kills, even though the responsibility for effective compliance may be
temporarily suspended.
5. Property Rights
The issuance of this permit does not convey any property rights in either real or personal property, or any
exclusive privileges,nor does it authorize any injury to private property or any invasion of personal rights,nor
any infringement of Federal,State or local laws or regulations[40 CFR 122.41 (g)].
6. Onshore or Offshore Construction
This permit does not authorize or approve the construction of any onshore or offshore physical structures or
facilities or the undertaking of any work in any navigable waters.
7. Severability
The provisions of this permit are severable. If any provision of this permit,or the application of any provision
of this permit to any circumstances, is held invalid, the application of such provision to other circumstances,
and the remainder of this permit,shall not be affected thereby[NCGS 15013-231.
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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. Dutyto Reapply
If the Permittee wishes to continue an activity regulated by this permit after the expiration date of this permit,
the Permittee must apply for and obtain a new permit[40 CFR 122.41 (b)].
10. Expiration of Permit
The Permittee is not authorized to discharge after the expiration date. In order to receive automatic
authorization to discharge beyond the expiration date,the Permittee shall submit such information,forms,and
fees as are required by the agency authorized to issue permits no later than 180 days prior to the expiration
date. Any Permittee that has not requested renewal at least 180 days prior to expiration, or any Permittee that
does not have a permit after the expiration and has not requested renewal at least 180 days prior to expiration,
will subject the Permittee to enforcement procedures as provided in NCGS 143-215.6 and 33 USC 1251 et.seq.
11. Signatory Requirements
All applications, reports, or information submitted to the Permit Issuing Authority shall be signed and
certified [40 CFR 122.41 (k)].
a. All permit applications shall be signed as follows:
(1) For a corporation: by a responsible corporate officer. For the purpose of this Section, a responsible
corporate officer means: (a) a president, secretary, treasurer or vice president of the corporation in
charge of a principal business function, or any other person who performs similar policy or decision
making functions for the corporation, or (b) the manager of one or more manufacturing,production,
or operating facilities, provided, the manager is authorized to make management decisions which
govern the operation of the regulated facility including having the explicit or implicit duty of making
major capital investment recommendations, and initiating and directing other comprehensive
measures to assure long term environmental compliance with environmental laws and regulations;
the manager can ensure that the necessary systems are established or actions taken to gather complete
and accurate information for permit application requirements;and where authority to sign documents
has been assigned or delegated to the manager in accordance with corporate procedures.
(2) For a partnership or sole proprietorship: by a general partner or the proprietor,respectively;or
(3) For a municipality, State, Federal, or other public agency: by either a principal executive officer or
ranking elected official[40 CFR 122.22].
b. All reports required by the permit and other information requested by the Permit Issuing Authority shall
be signed by a person described in paragraph a. above or by a duly authorized representative of that
person.A person is a duly authorized representative only if:
(1) The authorization is made in writing by a person described above;
(2) The authorization specified either an individual or a position having responsibility for the overall
operation of the regulated facility or activity, such as the position of plant manager,operator of a well
or well field, superintendent, a position of equivalent responsibility, or an individual or position
having overall responsibility for environmental matters for the company. (A duly authorized
representative may thus be either a named individual or any individual occupying a named position.);
and
(3) The written authorization is submitted to the Permit Issuing Authority[40 CFR 122.22]
c. Changes to authorization: If an authorization under paragraph (b) of this section is no longer accurate
because a different individual or position has responsibility for the overall operation of the facility,a new
authorization satisfying the requirements of paragraph (b) of this section must be submitted to the
Director prior to or together with any reports, information, or applications to be signed by an authorized
representative [40 CFR 122.22]
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—_ - d._Certification:_Any_person_signinga-d-mujn-e-nt under paragraphs a. or b. of this section_shall make the
following certification [40 CFR 122.22]. NO OTHER STATEMENTS OF CERTIFICATION WILL BE
ACCEPTED:
"I certify, under penalty of law, that this document and all attachments were prepared under my direction or
supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the
information submitted. Based on my inquiry of the person or persons who manage the system, or those persons
directly responsible for gathering the information, the information submitted is, to the best of my knowledge and
belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information,
including the possibility of fines and imprisonment for knowing violations."
12. Permit Actions
This permit may be modified, revoked and reissued, or terminated for cause. The filing of a request by the
Permittee for a permit modification, revocation and reissuance, or termination, or a notification of planned
changes or anticipated noncompliance does not stay any permit condition[40 CFR 122.41 (f)].
13. Permit Modification,Revocation and Reissuance,or Termination
The issuance of this permit does not prohibit the permit issuing authority from reopening and modifying the
permit, revoking and reissuing the permit, or terminating the permit as allowed by the laws, rules, and
regulations contained in Title 40, Code of Federal Regulations, Parts 122 and 123; Title 15A of the North
Carolina Administrative Code,Subchapter 2H.0100;and North Carolina General Statute 143-215.1 et.al.
14. Annual Administering and Compliance Monitoring Fee Requirements
The Permittee must pay the annual administering and compliance monitoring fee within thirty days after
being billed by the Division. Failure to pay the fee in a timely manner in accordance with 15A NCAC 2H.0105
(b) (2)may cause this Division to initiate action to revoke the permit.
Section C. Operation and Maintenance of Pollution Controls
1. Certified Operator
Upon classification of the permitted facility by the Certification Commission, the Permittee shall employ a
certified water pollution control treatment system operator in responsible charge (ORC) of the water pollution
control treatment system. Such operator must hold a certification of the grade equivalent to or greater than the
classification assigned to the water pollution control treatment system by the Certification Commission. The
Permittee must also employ one or more certified Back-up ORCs who possess a currently valid certificate of
- the type of the system. Back-up ORCs must possess a grade equal to (or no more than one grade less than) the
grade of the system[15A NCAC 8G.02011.
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.
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2. Proper Operation and Maintenance
The Permittee shall at all times provide the operation and maintenance resources necessary to operate the
existing facilities at optimum efficiency. The Permittee shall at all times properly operate and maintain all
facilities and systems of treatment and control (and related appurtenances) which are installed or used by the
Permittee to achieve compliance with the conditions of this permit. Proper operation and maintenance also
includes adequate laboratory controls and appropriate quality assurance procedures. This provision requires
the Permittee to install and operate backup or auxiliary facilities only when necessary to achieve compliance
with the conditions of the permit[40 CFR 122.41 (e)].
NOTE: Properly and officially designated operators are fully responsible for all proper operation and
maintenance of the facility, and all documentation required thereof, whether acting as a contract operator
[subcontractor] or a member of the Permittee's staff.
3. Need to Halt or Reduce not a Defense
It shall not be a defense for a Permittee in an enforcement action that it would have been necessary to halt or
reduce the permitted activity in order to maintain compliance with the condition of this permit[40 CFR 122.41
(c)]•
4. Bypassing of Treatment Facilities
a. Bypass not exceeding limitations[40 CFR 122.41 (m) (2)]
The Permittee may allow any bypass to occur which does not cause effluent limitations to be exceeded,
but only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject
to the provisions of Paragraphs b.and c.of this section.
b. Notice [40 CFR 122.41 (m) (3)]
(1) Anticipated bypass. If the Permittee knows in advance of the need for a bypass, it shall submit prior
notice, if possible at least ten days before the date of the bypass; including an evaluation of the
anticipated quality and effect of the bypass.
(2) Unanticipated bypass. The Permittee shall submit notice of an unanticipated bypass as required in
Part II.E.6. (24-hour notice).
c. Prohibition of Bypass
(1) Bypass from the treatment facility is prohibited and the Permit Issuing Authority may take
enforcement action against a Permittee for bypass,unless:
(A) Bypass was unavoidable to prevent loss of life,personal injury or severe property damage;
(B) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities,
retention of untreated wastes or maintenance during normal periods of equipment downtime.
This condition is not satisfied if adequate backup equipment should have been installed in the
exercise of reasonable engineering judgment to prevent a bypass which occurred during normal
periods of equipment downtime or preventive maintenance;and
(C) The Permittee submitted notices as required under Paragraph b.of this section.
(2) Bypass from the collection system is prohibited and the Permit Issuing Authority may take
enforcement action against a Permittee for a bypass as provided in any current or future system-wide
collection system permit associated with the treatment facility.
(3) The Permit Issuing Authority may approve an anticipated bypass,after considering its adverse effects,
if the Permit Issuing Authority determines that it will meet the three conditions listed above in
Paragraph c. (1)of this section.
5. Upsets
a. Effect of an upset[40 CFR 122.41 (n) (2)]:An upset constitutes an affirmative defense to an action brought
for noncompliance with such technology based permit effluent limitations if the requirements of
paragraph b. of this condition are met. No determination made during administrative review of claims
that noncompliance was caused by upset, and before an action for noncompliance, is final administrative
action subject to judicial review.
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b.Conditions_necessar_y_for_a_demonstration_of_upset: Any—Permitteewho wishes to .establish_the----
affirmative defense of upset shall demonstrate,through properly signed,contemporaneous operating logs,
or other relevant evidence that:
(1)An upset occurred and that the Permittee can identify the cause(s)of the upset;
(2)The Permittee facility was at the time being properly operated;and
(3)The Permittee submitted notice of the upset as required in Part II.E.6. (b)of this permit.
(4)The Permittee complied with any remedial measures required under Part II.B.2.of this permit.
c. Burden of proof[40 CFR 122.41 (n) (4)]: The Permittee seeking to establish the occurrence of an upset has
the burden of proof in any enforcement proceeding.
6. Removed Substances
Solids, sludges, filter backwash, or other pollutants removed in the course of treatment or control of
wastewaters shall be utilized/disposed of in accordance with NCGS 143-215.1 and in a manner such as to
prevent any pollutant from such materials from entering waters of the State or navigable waters of the United
States. The Permittee shall comply with all existing Federal regulations governing the disposal of sewage
sludge. Upon promulgation of 40 CFR Part 503, any permit issued by the Permit Issuing Authority for the
utilization/disposal of sludge may be reopened and modified, or revoked and reissued, to incorporate
applicable requirements at 40 CFR 503. The Permittee shall comply with applicable 40 CFR 503 Standards for
the Use and Disposal of Sewage Sludge (when promulgated)within the time provided in the regulation, even
if the permit is not modified to incorporate the requirement. The Permittee shall notify the Permit Issuing
Authority of any significant change in its sludge use or disposal practices.
7. Power Failures
The Permittee is responsible for maintaining adequate safeguards (as required by 15A NCAC 2H.0124) to
prevent the discharge of untreated or inadequately treated wastes during electrical power failures either by
means of alternate power sources,standby generators or retention of inadequately treated effluent.
Section D. Monitoring and Records
1. Representative Sampling
Samples collected and measurements taken, as required herein, shall be characteristic of the volume and
nature of the permitted discharge. Samples collected at a frequency less than daily shall be taken on a day and
time that is characteristic of the discharge over the entire period the sample represents. All samples shall be
taken at the monitoring points specified in this permit and,unless otherwise specified,before the effluent joins
or is diluted by any other wastestream,body of water, or substance. Monitoring points shall not be changed
without notification to and the approval of the Permit Issuing Authority[40 CFR 122.41 (j)].
2. Reporting
Monitoring results obtained during the previous month(s) shall be summarized for each month and reported
on a monthly Discharge Monitoring Report (DMR) Form (MR 1, 1.1,2, 3) or alternative forms approved by the
Director, postmarked no later than the last calendar day of the month following the completed reporting
period.
The first DMR is due on the last day of the month following the issuance of the permit or in the case of a new
facility, on the last day of the month following the commencement of discharge. Duplicate signed copies of
these,and all other reports required herein,shall be submitted to the following address:
NC DENR/ Division of Water Quality / Surface Water Protection Section
ATTENTION:Central Files
1617 Mail Service Center
Raleigh,North Carolina 27699-1617
3. Flow Measurements
Appropriate flow measurement devices and methods consistent with accepted scientific practices shall be
selected and used to ensure the accuracy and reliability of measurements of the volume of monitored
discharges. The devices shall be installed, calibrated and maintained to ensure that the accuracy of the
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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].
7. Recording Results
For each measurement or sample taken pursuant to the requirements of this permit,the Permittee shall record
the following information[40 CFR 122.411:
a. The date,exact place,and time of sampling or measurements;
b. The individual(s)who performed the sampling or measurements;
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----_c._The_date(s)-analyses_were_performed; -__--
d. The individual(s)who performed the analyses;
e. The analytical techniques or methods used;and
f. The results of such analyses.
8. Inspection and Entry
The Permittee shall allow the Director, or an authorized representative (including an authorized contractor
acting as a representative of the Director),upon the presentation of credentials and other documents as may be
required by law,to;
a. Enter upon the Permittee's premises where a regulated facility or activity is located or conducted, or
where records must be kept under the conditions of this permit;
b. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this
permit;
c. Inspect at reasonable times any facilities, equipment ((including monitoring and control equipment),
practices,or operations regulated or required under this permit;and
d. Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise
authorized by the CWA,any substances or parameters at any location[40 CFR 122.41 (i)].
Section E Reporting Requirements
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 122.41 (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.
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b. If the Permittee monitors any pollutant more frequently than required by this permit, the results of such
monitoring shall be included in the calculation and reporting of the data submitted on the DMR.
6. Twenty-four Hour Reporting
a. The Permittee shall report to the Director or the appropriate Regional Office any noncompliance that
potentially threatens public health or the environment.Any information shall be provided orally within 24
hours from the time the Permittee became aware of the circumstances. A written submission shall also be
provided within 5 days of the time the Permittee becomes aware of the circumstances. The written
submission shall contain a description of the noncompliance, and its cause; the period of noncompliance,
including exact dates and times,and if the noncompliance has not been corrected,the anticipated time it is
expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the
noncompliance[40 CFR 122.41 (1) (6)].
b. The Director may waive the written report on a case-by-case basis for reports under this section if the oral
report has been received within 24 hours.
c. Occurrences outside normal business hours may also be reported to the Division's Emergency Response
personnel at(800)662-7956,(800)858-0368 or(919)733-3300.
7. Other Noncompliance
The Permittee shall report all instances of noncompliance not reported under Part 11. E. 5 and 6. of this permit
at the time monitoring reports are submitted. The reports shall contain the information listed in Part 11. E. 6. of
this permit[40 CFR 122.41 (1) (7)].
8. Other Information
Where the Permittee becomes aware that it failed to submit any relevant facts in a permit application, or
submitted incorrect information in a permit application or in any report to the Director, it shall promptly
submit such facts or information[40 CFR 122.41 (1) (8)].
9. Noncompliance Notification
The Permittee shall report by telephone to either the central office or the appropriate regional office of the
Division as soon as possible, but in no case more than 24 hours or on the next working day following the
occurrence or first knowledge of the occurrence of any of the following:
a. Any occurrence at the water pollution control facility which results in the discharge of significant amounts
of wastes which are abnormal in quantity or characteristic, such as the dumping of the contents of a
sludge digester; the known passage of a slug of hazardous substance through the facility; or any other
unusual circumstances.
b. Any process unit failure,due to known or unknown reasons,that render the facility incapable of adequate
wastewater treatment such as mechanical or electrical failures of pumps,aerators,compressors,etc.
c. Any failure of a pumping station,sewer line,or treatment facility resulting in a by-pass without treatment
of all or any portion of the influent to such station or facility.
Persons reporting such occurrences by telephone shall also file a written report within 5 days following first
knowledge of the occurrence.
10. Availabilityof 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].
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__ 12._Annual-Performance-Rep-ports
Permittees who own or operate facilities that collect or treat municipal or domestic waste shall provide an
annual report to the Permit Issuing Authority and to the users/customers served by the Permittee(NCGS 143-
215.1C). The report shall summarize the performance of the collection or treatment system, as well as the
extent to which the facility was compliant with applicable Federal or State laws, regulations and rules
pertaining to water quality. The report shall be provided no later than sixty days after the end of the calendar
or fiscal year,depending upon which annual period is used for evaluation.
The report shall be sent to:
NC DENR/ Division of Water Quality/ Surface Water Protection Section
ATTENTION:Central Files
1617 Mail Service Center
Raleigh,North Carolina 27699-1617
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PART III
OTHER REQUIREMENTS
Section A. Construction
The Permittee shall not commence construction of wastewater treatment facilities,nor add to the plant's treatment
capacity, nor change the treatment process(es) utilized at the treatment plant unless the Division has issued an
Authorization to Construct(AtC)permit. Issuance of an AtC will not occur until Final Plans and Specifications for
the proposed construction have been submitted by the Permittee and approved by the Division.
Section B. Groundwater Monitoring
The Permittee shall, upon written notice from the Director, conduct groundwater monitoring as may be required
to determine the compliance of this NPDES permitted facility with the current groundwater standards.
Section C. Changes in Discharges of Toxic Substances
The Permittee shall notify the Permit Issuing Authority as soon as it knows or has reason to believe (40 CFR
122.42):
a. That any activity has occurred or will occur which would result in the discharge, on a routine or frequent
basis, of any toxic pollutant which is not limited in the permit,if that discharge will exceed the highest of the
following "notification levels';
(1) One hundred micrograms per liter(100 µg/L);
(2) Two hundred micrograms per liter(200 µg/L) for acrolein and acrylonitrile;five hundred micrograms per
liter (500 pg/L) for 2.4-dinitrophenol and for 2-methyl-4.6-dinitrophenol; and one milligram per liter (1
mg/L)for antimony;
(3) Five times the maximum concentration value reported for that pollutant in the permit application.
b. That any activity has occurred or will occur which would result in any discharge, on a non-routine or
infrequent basis,of a toxic pollutant which is not limited in the permit,if that discharge will exceed the highest
of the following"notification levels";
(1) Five hundred micrograms per liter(500 µg/L);
(2) One milligram per liter(1 mg/L)for antimony;
(3) Ten times the maximum concentration value reported for that pollutant in the permit application.
Section D. Evaluation of Wastewater Discharge Alternatives
The Permittee shall evaluate all wastewater disposal alternatives and pursue the most environmentally sound
alternative of the reasonably cost effective alternatives. If the facility is in substantial non-compliance with the
terms and conditions of the NPDES permit or governing rules, regulations or laws, the Permittee shall submit a
report in such form and detail as required by the Division evaluating these alternatives and a plan of action within
60 days of notification by the Division.
Section E. Facility Closure Requirements
The Permittee must notify the Division at least 90 days prior to the closure of any wastewater treatment system
covered by this permit. The Division may require specific measures during deactivation of the system to prevent
adverse impacts to waters of the State. This permit cannot be rescinded while any activities requiring this permit
continue at the permitted facility.
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- -- -- - P-A-R-T-I-V
SPECIAL CONDITIONS FOR MUNICIPAL FACILITIES
Section A. Definitions
In addition to the definitions in Part II of this permit,the following definitions apply to municipal facilities:
Indirect Discharge or Industrial User
Any non-domestic source that discharges wastewater containing pollutants into a POTW regulated under section
307(b), (c)or(d)of the CWA. [40 CFR 403.3(i)and(j)]
Interference
Inhibition or disruption of the POTW treatment processes;operations;or its sludge process,use,or disposal which
causes or contributes to a violation of any requirement of the POTW's NPDES Permit or prevents sewage sludge
use or disposal in compliance with specified applicable State and Federal statutes, regulations, or permits. [15A
NCAC 2H.0903(b) (13)]
Pass Through
A discharge which exits the POTW into waters of the State in quantities or concentrations which, alone or with
discharges from other sources, causes a violation, including an increase in the magnitude or duration of a
violation,of the POTW's NPDES permit,or of an instream water quality standard. [15A NCAC 2H.0903 (b) (23)]
Publicly Owned Treatment Works(POTW)
A treatment works as defined by Section 212 of the CWA, owned by a State or local government entity. This
definition includes any devices and systems used in the storage,treatment,recycling and reclamation of municipal
sewage or industrial wastes of a liquid nature. It also includes sewers, pipes, and other conveyances only if they
_ convey wastewater to a POTW. The term also means the local government entity, or municipality, as defined in
section 502(4) of the CWA, which has jurisdiction over indirect discharges to and the discharges from such a
treatment works. [15A NCAC 2H.0903(b) (27)]
"Significant Industrial User"or"SIU"
An industrial user that discharges wastewater into a publicly owned treatment works and that [15A NCAC
2H.0903(b) (34)]:
(a) discharges an average of 25,000 gallons or more per day of process wastewater to the POTW (excluding
sanitary,noncontact cooling and boiler blowdown wastewaters)or;
(b) contributes more than 5 percent of the design flow of the POTW treatment plant or more than 5 percent of the
maximum allowable headworks loading of the POTW treatment plant for any pollutant of concern,or;
(c) is required to meet a national categorical pretreatment standard,or;
(d) is, regardless of Parts (a), (b), and (c) of this definition, otherwise determined by the POTW, the Division, or
the EPA to have a reasonable potential for adversely affecting the POTW's operation or for violating any
pretreatment standard or requirement or POTW's receiving stream standard, or to limit the POTW's sludge
disposal options.
Section B. Publicly Owned Treatment Works(POTWs)
All POTWs are required to prevent the introduction of pollutants into the POTW which will interfere with the
operation of the POTW, including interference with its use or disposal of municipal sludge, or pass through the
treatment works or otherwise be incompatible with such treatment works. [40 CFR 403.2]
All POTWs must provide adequate notice to the Director of the following[40 CFR 122.42(b)]:
1. Any new introduction of pollutants into the POTW from an indirect discharger, regardless of the means of
transport, which would be subject to section 301 or 306 of CWA if it were directly discharging those
pollutants;and
2. Any substantial change in the volume or character of pollutants being introduced by an indirect discharger as
influent to that POTW at the time of issuance of the permit.
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3. For purposes of this paragraph, adequate notice shall include information on (1) the quality and quantity of
effluent introduced into the POTW, and (2) any anticipated impact that may result from the change of the
quantity or quality of effluent to be discharged from the POTW.
Section C. Municipal Control of Pollutants from Industrial Users
1. Effluent limitations are listed in Part I of this permit. Other pollutants attributable to inputs from industries
using the municipal system may be present in the Permittee's discharge. At such time as sufficient information
becomes available to establish limitations for such pollutants, this permit may be revised to specify effluent
limitations for any or all of such other pollutants in accordance with best practicable technology or water
quality standards.
2. Prohibited Discharges
a. Under no circumstances shall the Permittee allow introduction of pollutants or discharges into the waste
treatment system or waste collection system which cause or contribute to Pass Through or Interference as
defined in 15A NCAC 2H.0900 and 40 CFR 403. [40 CFR 403.5 (a) (1)]
b. Under no circumstances shall the Permittee allow introduction of the following wastes in the waste
treatment or waste collection system[40 CFR 403.5(b)]:
(1) Pollutants which create a fire or explosion hazard in the POTW, including, but not limited to,
wastestreams with a closed cup flashpoint of less than 140 degrees Fahrenheit or 60 degrees
Centigrade using the test methods specified in 40 CFR 261.21;
(2) Pollutants which cause corrosive structural damage to the POTW,but in no case discharges with pH
lower than 5.0,unless the works is specifically designed to accommodate such discharges;
(3) Solid or viscous pollutants in amounts which cause obstruction to the flow in the POTW resulting in
Interference;
(4) Any pollutant, including oxygen demanding pollutants (BOD, etc.) released in a Discharge at a flow
rate and/or pollutant concentration which will cause Interference with the POTW;
(5) Heat in amounts which will inhibit biological activity in the POTW resulting in Interference,but in no
case heat in such quantities that the temperature at the POTW Treatment Plant exceeds 40°C (104°F)
unless the Division,upon request of the POTW,approves alternate temperature limits;
(6) Petroleum oil, non-biodegradable cutting oil, or products of mineral oil origin in amounts that will
cause Interference or Pass Through;
(7) Pollutants which result in the presence of toxic gases,vapors,or fumes within the POTW in a quantity
that may cause acute worker health and safety problems;
(8) Any trucked or hauled pollutants,except at discharge points designated by the POTW.
c. The Permittee shall investigate the source of all discharges into the POTW,including slug loads and other
unusual discharges, which have the potential to adversely impact the permittee's Pretreatment Program
and/or the operation of the POTW.
The Permittee shall report such discharges into the POTW to the Director or the appropriate Regional
Office. Any information shall be provided orally within 24 hours from the time the Permittee became
aware of the circumstances. A written submission shall also be provided within 5 days of the time the
Permittee becomes aware of the circumstances. The written submission shall contain a description of the
discharge, the investigation into possible sources; the period of the discharge, including exact dates and
times; and if the discharge has not ceased, the anticipated time it is expected to continue; and steps taken
or planned to reduce,eliminate,and prevent reoccurrence of the noncompliance,
3. With regard to the effluent requirements listed in Part I of this permit,it may be necessary for the Permittee to
supplement the requirements of the Federal Pretreatment Standards (40 CFR, Part 403) to ensure compliance
by the Permittee with all applicable effluent limitations. Such actions by the Permittee may be necessary
regarding some or all of the industries discharging to the municipal system.
4. The Permittee shall require any Industrial User discharging to the POTW to meet Federal Pretreatment
Standards developed under Section 307(b) of the Act as amended (which includes categorical standards and
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_ sp�cificlQcallimits,_lzest inanagQment practices and narrative requirements). Prior to_accept_ing wastewater_
from any Significant Industrial User, the Permittee shall either develop and submit to the Division a new
Pretreatment Program or a modification of an existing Pretreatment Program, for approval as required under
section D below as well as 15A NCAC 2H.0907(a)and(b). [40 CFR 122.44(j) (2)]
5. This permit shall be modified, or alternatively, revoked and reissued, to incorporate or modify an approved
POTW Pretreatment Program or to include a compliance schedule for the development of a POTW
Pretreatment Program as required under Section 402 (b) (8) of the CWA and implementing regulations or by
the requirements of the approved State pretreatment program,as appropriate.
Section D. Pretreatment Programs
Under authority of sections 307(b) and (c) and 402 (b) (8) of the CWA and implementing regulations 40 CFR 403,
North Carolina General Statute 143-215.3 (14) and implementing regulations 15A NCAC 2H.0900, and in
accordance with the approved pretreatment program, all provisions and regulations contained and referenced in
the Pretreatment Program Submittal are an enforceable part of this permit. [40 CFR 122.44(j) (2)]
The Permittee shall operate its approved pretreatment program in accordance with Section 402 (b) (8)of the CWA,
40 CFR 403,15A NCAC 2H.0900,and the legal authorities,policies,procedures,and financial provisions contained
in its pretreatment program submission and Division approved modifications thereof. Such operation shall
include but is not limited to the implementation of the following conditions and requirements. Terms not defined
in Part II or Part IV of this permit are as defined in 15A NCAC 2H.0903 and 40 CFR 403.3.
1. Sewer Use Ordinance(SUO)
The Permittee shall maintain adequate legal authority to implement its approved pretreatment program. [15A
NCAC 2H.0905 and .0906;40 CFR 403.8(f) (1)and 403.9(b)(1),(2)]
2. Industrial Waste Survey(IWS)
The permittee shall implement an IWS consisting of the survey of users of the POTW, as required by 40 CFR
403.8 (f) (2) (i-iii) and 15A NCAC 2H.0905 [also 40 CFR 122.44 (j) (1)], including identification of all industrial
users that may have an impact on the POTW and the character and amount of pollutants contributed to the
_ POTW by these industrial users and identification of those industrial users meeting the definition of SIU. The
Permittee shall submit a summary of its IWS activities to the Division at least once every five years, and as
required by the Division.The IWS submission shall include a summary of any investigations conducted under
paragraph C.2.c.of this Part.
3. Monitoring Plan
The Permittee shall implement a Division-approved Monitoring Plan for the collection of facility specific data
to be used in a wastewater treatment plant Headworks Analysis (HWA) for the development of specific
pretreatment local limits. Effluent data from the Plan shall be reported on the DMRs (as required by Part II,
Section D,and Section E.S.). [15A NCAC 2H.0906(b) (2)and .0905]
4. Headworks Analysis(HWA)and Local Limits
The Permittee shall obtain Division approval of a HWA at least once every five years, and as required by the
Division. Within 180 days of the effective date of this permit (or any subsequent permit modification) the
Permittee shall submit to the Division a written technical evaluation of the need to revise local limits (i.e., an
updated HWA or documentation of why one is not needed) [40 CFR 122.441. The Permittee shall develop, in
accordance with 40 CFR 403.5 (c)and 15A NCAC 2H.0909,specific Local Limits to implement the prohibitions
listed in 40 CFR 403.5 (a) and (b) and 15A NCAC 2H.0909. Pursuant to 40 CFR 403.5, local limits are
enforceable Pretreatment Standards as defined by 40 CFR 403.3(1).
5. Industrial User Pretreatment Permits(IUP)&Allocation Tables
In accordance with NCGS 143-215.1, the Permittee shall issue to all significant industrial users, permits for
operation of pretreatment equipment and discharge to the Permittee's treatment works. These permits shall
contain limitations, sampling protocols, reporting requirements, appropriate standard and special conditions,
and compliance schedules as necessary for the installation of treatment and control technologies to assure that
their wastewater discharge will meet all applicable pretreatment standards and requirements. The Permittee
shall maintain a current Allocation Table (AT) which summarizes the results of the HWA and the limits from
Version 1012912010
PDES Permit Standard Conditions
Page 17 of 18
all IUPs. Permitted IUP loadings for each parameter cannot exceed the treatment capacity of the POTW as
determined by the HWA. [15A NCAC 2H.0909, .0916, and .0917; 40 CFR 403.5, 403.8 (f) (1) (iii); NCGS 143-
215.67(a)]
6. Authorization to Construct(AtC)
The Permittee shall ensure that an Authorization to Construct permit (AtC) is issued to all applicable
industrial users for the construction or modification of any pretreatment facility. Prior to the issuance of an
AtC, the proposed pretreatment facility and treatment process must be evaluated for its capacity to comply
with all Industrial User Pretreatment Permit (IUP) limitations. [15A NCAC 2H.0906 (b) (6) and .0905; NCGS
143-215.1 (a)(8)]
7. POTW Inspection&Monitoring of their IUs
The Permittee shall conduct inspection, surveillance, and monitoring activities as described in its Division
approved pretreatment program in order to determine, independent of information supplied by industrial
users, compliance with applicable pretreatment standards. [15A NCAC 2H .0908(d); 40 CFR 403.8(f)(2)(v)]
The Permittee must:
a. Inspect all Significant Industrial Users(SIUs)at least once per calendar year;and
b. Sample all Significant Industrial Users (SIUs) at least twice per calendar year for all permit-limited
pollutants,once during the period from January 1 through June 30 and once during the period from July 1
through December 31, except for organic compounds which shall be sampled at least once per calendar
year; For the purposes of this paragraph, "organic compounds" means the types of compounds listed in
40 CFR 136.3(a),Tables IC,ID,and IF,as amended.
8. IU Self Monitoring and Reporting
The Permittee shall require all industrial users to comply with the applicable monitoring and reporting
requirements outlined in the Division-approved pretreatment program,the industry's pretreatment permit, or
in 15A NCAC 2H .0908. [15A NCAC 2H .0906(b)(4) and .0905; 40 CFR 403.8(f)(1)(v) and (2)(iii); 40 CFR
122.44(j)(2)and 40 CFR 403.12]
9. Enforcement Response Plan(ERP)
The Permittee.shall enforce and obtain appropriate remedies for violations of all pretreatment standards
promulgated pursuant to section 307(b) and (c) of the Clean Water Act (40 CFR 405 et. seq.), prohibitive
discharge standards as set forth in 40 CFR 403.5 and 15A NCAC 2H .0909, and specific local limitations. All
remedies, enforcement actions and other, shall be consistent with the Enforcement Response Plan (ERP)
approved by the Division. [15A NCAC 2H.0906(b)(7)and.0905; 40 CFR 403.8(f)(5)]
10. Pretreatment Annual Reports(PAR)
The Permittee shall report to the Division in accordance with 15A NCAC 2H .0908. In lieu of submitting
annual reports,Modified Pretreatment Programs developed under 15A NCAC 2H.0904(b)may be required to
submit a partial annual report or to meet with Division personnel periodically to discuss enforcement of
pretreatment requirements and other pretreatment implementation issues.
For all other active pretreatment programs, the Permittee shall submit two copies of a Pretreatment Annual
Report (PAR) describing its pretreatment activities over the previous twelve months to the Division at the
following address:
NC DENR/Division of Water Quality /Surface Water Protection Section
Pretreatment,Emergency Response,and Collection Systems(PERCS)Unit
1617 Mail Service Center
Raleigh,North Carolina 27699-1617
These reports shall be submitted according to a schedule established by the Director and shall contain the
following:
a.) Narrative
A brief discussion of reasons for, status of, and actions taken for all Significant Industrial Users (SIUs) in
Significant Non-Compliance(SNC);
Version 1012912010
(_' PDES Permit Standard Conditions
Page 18 of 18
b.) Pretreatment Program Summary(PPS)
A pretreatment program summary(PPS)on specific forms approved by the Division;
c.) Significant Non-Compliance Report(SNCR)
The nature of the violations and the actions taken or proposed to correct the violations on specific forms
approved by the Division;
d.) Industrial Data Summary Forms(IDSF)
Monitoring data from samples collected by both the POTW and the Significant Industrial User (SIU) in
SNC.These analytical results must be reported on Industrial Data Summary Forms(IDSF)or other specific
format approved by the Division;
e.) Other Information
Copies of the POTW's allocation table, new or modified enforcement compliance schedules,public notice
of SIUs in SNC,and any other information,upon request,which in the opinion of the Director is needed to
determine compliance with the pretreatment implementation requirements of this permit;
11. Public Notice
The Permittee shall publish annually a list of Significant Industrial Users (SIUs) that were in Significant Non-
Compliance (SNC) as defined in the Permittee's Division-approved Sewer Use Ordinance with applicable
pretreatment requirements and standards during the previous twelve month period. This list shall be
published within four months of the applicable twelve-month period. [15A NCAC 2H .0903(b)(35), .0908(b)(5)
and .0905 and 40 CFR 403.8(f)(2)(viii)]
12. Record Keeping
The Permittee shall retain for a minimum of three years records of monitoring activities and results, along
with support information including general records,water quality records,and records of industrial impact on
the POTW. [15A NCAC 2H.0908(f); 40 CFR 403.12(o)]
13. Funding and Financial Report
The Permittee shall maintain adequate funding and staffing levels to accomplish the objectives of its approved .
pretreatment program. [15A NCAC 2H.0906(a)and .0905;40 CFR 403.8(f)(3),403.9(b)(3)]
14. Modification to Pretreatment Programs
Modifications to the approved pretreatment program including but not limited to local limits modifications,
POTW monitoring of their Significant Industrial Users (SIUs), and Monitoring Plan modifications, shall be
considered a permit modification and shall be governed by 40 CFR 403.18, 15 NCAC 2H .0114 and 15A NCAC
2H .0907.
Version 1012912010
C) I J
Frazier, Wanda
From: Frazier, Wanda
Sent: Thursday, January 06, 2011 4:14 PM
To: 'Bob Guerra'
Cc: Edwards, Roger
Subject: NC0023566 Micaville Loop LLC DRAFT renewal 2011
Attachments: Micaville Loop LLC WWTP fact sheet & renewal 2011 .pdf;
NC0023566 Micaville Loop LLC cover page 2011.doc
Hi Bob,
Per your request, here are my comments for the permit renewal for NCO023566 Micaville Loop LLC
WWTP.
Attached is the most recent facility info cover page.
Here's what I would suggest for the draft permit:
A. The facility names listed on the application and on the (attached) DRAFT permit is:
Blake Atkins and Duncan Dorris; dba. Micaville Loop, LLC.
think that I would make these names match throughout the permit documents by putting
"Micaville Loop, LLC" (instead of"Micaville Loop")
on the "fact sheet",
on the "DRAFT permit cover page" (dated January 5, 2011),
on the "DRAFT permit" (down below ..."is hereby authorized to discharge wastewater
from..."),
on the "supplement to permit cover sheet" (in Item #1., down below the list of treatment
components: "The facility is located at ...") and
on the "map".
B. Supplement to permit cover page: (see attachment)
1. Continue to operate:
0.010 MGD extended aeration type package plant consisting of: 500
gallon influent lift station; bar screen; 10,000 gallon aeration basin
with dual blowers providing diffused air; 3000 gallon clarifier with
skimmer and sludge returns; 1000 gallon aerobic digestor; tablet
chlorinator; 300 gallon chlorine contact tank; 5000 gallon fine solids
settling tank; and tablet dechlorinator.
Everything else looks good.
ARO recommends renewal of this permit.
1
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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: Guerra, Bob
Sent: Thursday, January 06, 2011 10:23 AM
To: Edwards, Roger
Subject: Draft permit renewals for 1-5-11
The attached permit renewals were put on PN 1-5-11. As usual you input is requested. Thanks
ftommua
dow t�
Bob Guerra Environmental Specialist-2
NPDES-West
ARO Regional Contact
Phone: 919-807-6387,fax 919-807-6495
1617 Mail Service Center
Raleigh, NC 27699-1617
Express mail: 512 North Salisbury St.
Raleigh, NC 27606
Messages to and from this address are subject to the N.C. Public Records law.
_*Before printing this email,please consider your budget and the environment.
If you must print,please print only what you need and save ink with the free Eco-Font.
Link to the NC Division of Water Quality:
http://www.ncwaterguality.org[
Link to NC Stream Classifications:
http://h2o.enr.state.nc.us./bims/reports/reportsWB.html
3
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 Bob Guerra/ 1-5-2011
Permit Number NCO023566
Facility Name Micaville Loop WWTP
Basin Name/Sub-basin number French Broad—04-03-06 06010108
Receiving Stream Little Crabtree Creek
Stream Classification in Permit C-Trout
Does permit need Daily Max NH3 limits? No
Does permit need TRC limits/language? Yes
Does permit have toxicity testin ?. No
Does permit have Special Conditions? No
Does permit have instream monitoring? No
Is the stream impaired(on 303(d)list)?For No
what. arameter?
Any obvious compliance concerns? Attach BIMS Report;discuss with Region
Any permit mods since last permit? 9-19-08 Ownership change
01-03-2010 Ownership changed to Micaville
Loop,LLC
Facility is currently not operating but permittee
wants to maintain permit.
Current expiration date 02-28-2011
New expiration date 02-28-2016
Comments received on Draft Permit? Yes No If Yes,discuss response with
Supervisor
j
4.:'
i!CDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H.Sullins Dee Freeman
Governor Director Secretary
January 5,2011
Mr. Blake Atkins&Mr. Duncan Dorris
Dba: Micaville Loop, LLC
PO Box 755
Micaville, North Carolina 28755
Subject: Draft NPDES Permit No. NCO023566
Micaville Loop WWTP
Yancey County
Dear Permittee:
Enclosed with this letter is a copy of the draft permit for your facility. Please review the draft very carefully to ensure
thorough understanding of the conditions and requirements it contains.The following procedure has been recently
implemented by DWQ: Total residual chlorine(TRC)compliance level changed to 50ug/L. Effective March 1,2008,
the Division received EPA approval to allow a 50 ug/L TRC compliance level. A footnote regarding this change has
been added to the effluent limitations page in the draft permit.
This draft permit contains the following changes from your existing permit:
• Footnote#1 has been revised with the following additional Total Residual Chlorine Language:"The facility shall
report all effluent TRC values reported by a NC certified laboratory including field certified. However,effluent
values below 50 ug/l will be treated as zero for compliance purposes"
Concurrent with this transmittal,the Division will solicit public comment on this draft as required by the EPA by
publishing a notice in newspapers having circulation in the general Yancey County area. Following the 30-day
public comment period,the Division will review all pertinent comments and take appropriate action prior to issuing a
final NPDES permit.
Should you wish to correct errors or provide comments regarding this draft please contact the DENR/DWQ/
NPDES Program no later than 30 days after receiving this document. If you have questions concerning the draft
permit for your facility, please contact me by e-mail(bob.guerra(@n.cdenr.gov)or at(919)807-6387.
Respectf u y,
Bob Guerra
Compliance& Expedited Permits Unit
i
I
Enclosure: NPDES Permit NCO023566(DRAFT) �.
cc: NPDES Unit
Asheville Regional Office/Surface Water Protection(Roger.edwards(fa.ncdenr.gov)(ecopy)
Technical and Assistance Certification Unit—James Pugh(iames.pugh(a)ncdenr.gov)(ecopy)
1617 Mail Service Center,Raleigh,North Carolina 27699-1617
Location:512 N.Salisbury St.Raleigh,North Carolina 27604 One
Phone:_919-807.63871 FAX;919$077495,CustomB ,5enLe:1-8R& 3.6748 N_ thCar_ol na-
Intemet:http:l/portal.ncdenr.orgfweblwglhome Naturally
An Equal Opportunity 1 Affirmative Action Employer Naturally
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Permit NCO023566
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
PERMIT
TO DISCHARGE WASTEWATER UNDER THE
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
In compliance with the provisions of North Carolina General Statute 143-215.1, other lawful standards
and regulations promulgated and adopted by the North Carolina Environmental Management
Commission, and the Federal Water Pollution Control Act, as amended,
lake lj�;charg
ins D nca Dorriicav�ll oop LC
s ereby ut o iz toe w t water fro -a-faci ity loc to at the
MicaVi le Loo VTP
6�11� i avill L
Micaville
Yancey County
to receiving waters designated as Little Crabtree Creek in the French Broad River Basin
in accordance with effluent limitations, monitoring requirements, and other conditions set
forth in Parts I, II, 111 and IV hereof.
This permit shall become effective xxxx, xx 2011.
This permit and authorization to discharge shall expire at midnight on February 28, 2016.
Signed this day xxxx, xx 2011.
DRAFT
Coleen H.Sullins, Director
Division of Water Quality
By Authority of the Environmental Management Commission
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North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
September 17,2010
BLAKE ATKINS
PRESIDENT
MICAVILLE LOOP LLC
PO BOX 755
MICAVILLE NC 28755
Subject: Receipt of permit renewal application
NPDES Permit;NCO023566 i
Micaville Loop;WWTP
Yancey 1County
Dear Mr. Atkins:
The NPDES Unit received your permit renewal application on August 31, 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 Bob Guerra at
(919) 807-6387.
Sincerely,
Dina Sprinkle
Point Source Branch
cc: CENTRAL FILES
Asheville Regional Office/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:919-807-6300\FAX:919-807-6492\Customer Service:1-877-623-6748 NOTthCarol1..11a
Internet:www.ncwaterquality.org ��lrl r�IC�
An Equal Opportunity\Affirmative Action Employer
IU:71tS�tliSytlb�55 P:1/3
2
NPDES APPLICATION � FORM D
For privately owned treatment systems treating 100% domestic wastewaters <1-0 xGD
Mail the complete application to:
N- C- Depactmeut of Environment and Natural Resources
Division of Water Quality, / NPDE9 unit
1617 Mail Service Center, Raleigh, NC 276994617
NPDES Permit C00�3 j
If you are completing this form in computer use the TAB key or the up -down.arrows to moue 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 �(aD
�- ou� I a I IFacility Name M`C � i 1 I C L00 P LLC
Mailing Address r} 0 6OX -7 CJC�
City i TIN; I I C
State / Zip Cade I L th l.. ro h mQ (s�s,(�
Telephone Number
Fax Number
e-mail Address at ki n rc�cl i Inq e hot-may I .COVn
2. Location of facility producing discharge:
Check here if, same address as above ❑
Street Address or State Road ,
11 icav l Vivo
City -- — — -.- -- ,�
n .a
State / Zip Code NO rth Ca ro j na '9'� 7 SS „n
County 7 tit n of
3. Operator Information:
Name of the firm, public organization or other entity that operates the facility. (Note that this is not
refen=ing to the Operator in ResponsiNe Charge or ORC)
Name
Mailing Address C
City fa l )nf—r E 1 I2-
State / Zip Code o r+h afro l', na CQ 9 0 0 q --
Telephone Number (` 1-)S) IN Q - (-Q 0-�—1
Fax Number -(Sz) <?q(CjJ _ �G
1 of 3 Form-D 1108
MAR-13-2008 14:11 FROM:WAT 8282964663 T0:918288986255 P:2/3
NPDES APPLICATION.- FORM D
For privately owned treatment systems treating 100% domestic wastewaters <1.0 MGD
4. Description of wastowater:
FaailitSr_GencrRtin�*Wastewate�(check all that apply):
Industrial ❑ Number of Employees
Comm.ereW [v]� Number of Employees
Residential ❑ Number of Homes
School ❑ Number of Students/Staff
Other ❑ Explain:
Describe the sourcc(s) of wastewater(example: subdivision, mobile home park, shopping centers,
restaurants, etc,)_
rn5�� C
Population sear.ved:
S. Typ f collections system
Separate (sanitary sewer, only) ❑ Combined (storm sewer anal.sanitary sewer)
f
6. Outfall Information:
Number of separate discharge points
Outfall Identification number(s) o® 1
Is tho outfa$ equipped With a diffuser? Yes No
7. Name of receiving stream(s) (Provide a map showing the exact location of each outfall):
S. Frequency of Discharge: ,_ /Continuous L�' ❑ Intermittent
If intermittent i
Days per week discharge occurs: Duration:
9. Describe the treatment system
List all installed components, including capacity,provide design reimoval 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.
-Tof I utr L&t V0(+1 o n o�Q 6 o 0) ( S S - 8 %
�Ar SCrf--2 n /_o 000� re- rnova
_ 7
�Si � � N r� o fen 7s ` 0
C I �l. f- to i-� R CLS v- o0c) ,( h O s p 9 V) o ru. S-
�
� ��n ► 000 59 07c)
I
1—ab I Ct Ch l ar ► r 00&6
CH z C6 tQct C" mb-e r 3W80,1
2`of 3 i.
Form-p 1l06 '•
r ll e S 1 d 5 S�-�I-( ' Fl Gl n 5 b ao CL I
� 9
MAR-13-2009 14:11 FROM:WAT B282964663 TO:918288986255 P:3/3
NPAES APPLICATION - FORIW D
For Privately owned treatment systems treating 100% domestic wastewaters<1.0 MGD
10. Flow Information-
Treatment Plant Design. flow Q 10 MGD
Annual Average daffy now' d ) XGD (for the previous 3 years)
Maximum daily flow • 0 0 3 MGD (for the previous 3 years)
11. Is this facility located on Istdi n country?
El Yes 20
12. Effluent Data - o 5 ��
PrOVOP.data for the parameters listed.Fecal Coliform, Temperature and pH shall be grab samples,for all other
parameters 24-hour composite sampling shall be used.Effluent testing data must be based on at least th.re-e samples
and must be no more than four and one.half years old.
Parameter Daily MonthlyEll
Number of i
Maximum Avora ant 3nmplee
Biochemical Oxygen Demand
(.BOD,) C tz)e e K 1 L
Fecal Coli.forzn. I- � L GJn _�2e K► �
Total Suspended Solids LUO Temperature (Summ.er) 7Temperature (Winter) —7pH L (A�l?e,i�
13. List all permits, construction approvals and/or applications:
Type Permit Number Type Permit Number
Hazardous Waste (RCRA) T NESHAPS (CAA)
U1C (SDWA) _ OceAn Dumping(MPRSA)
NPDES Ncba35 Drcd c or fill I CU � 1(Section 404 or CWAj
PSD (CAA) Special Order of Conscnt(SOC)
Non-attfdnmcnt program(CAA) ether
14. APPLICANT CERTIFICATION '
I certify that I am familiar with the information contained in the application and that to the i
best of my knowledge and belief such information is true, complete, and accurate.
Printed name of Person Signing Title
I
Signature of Applicant Date
North ntna General Sta
represe tutc 143-215.6 [?�)(2) 9tatos: Any person who lmowiney makes any falAc Atatcmcnt
tatioati0o., or certification in P,ry application, record, ,report, plan, or other doeumen.t filce or required to be
zn.aintaincd under Artiela 21 or regulations of Tbc Environmental ManAgemcn.t Commission implementing that Article, or
Who fa]silieq, tArnpers with, or Imowly renders inaceumfie A.ny•rceordinp,or monitoring device or method required to be
operated or maintained u.ndnr Arti.ck 21 or regulations of the Environmental Marnagrment Commission implrmpnti that Article, shall be p 'l.ty of a misdemeanor punishable by a fine not to r..xceed $25,000, or by imp.,rlaonmcnt not to
exceed six rntn of or t both, (1Fi U.S.C, Section 1001 provides a punishment by a finc of not more than$25,000 or
unpriAonnacnt not more than $years, or both,for A,Similar offense.)
3 0l 3
Form-D 1/08
P.b. 9" 110 / 1522 Ty*xa,4 H4"q�
$ram E 4, IV*49 &o4&4---- 29604
P4s4
Eye. �w�.yu� ,,�C���►.�.
August 11, 2010
Subject: Permit Renewal Application
NPDES Permit NC0023566
Micaville Loop, LLC WWTP
Yancey County
To whom it may concern:
This is the Sludge Management Plant for Micaville Loop, LLC WWTP. The sludge is pumped and
hauled from the Micaville Loop, LLC WWTP to the Town of Burnsville WWTP as needed.
Jadd Brewer
G�
Water Quality Director of Wastewater Operations
(�F WA`T�'7 (� Michael F.Easley,Governor
�� al,r M W�gtfim G Ross Jr S,ecrdfiry
r North,Carolma Department of]nyirgnmept and Natural`Resources
> I
4 lee u n ,Director
ivi I i er Quality
September 19,2008` F� k'r-
SEP 2 Z 2008
BLAKE ATKINS
MICAVILLE LOOP LLC }`. WATER QUALITY SECTION
PO BOX 755 ASHFVILLE r fal NAL OR ICE
4 Y
MICAVILLE NC 28755
Subject: NPDES Permit Modification- Ownership Change
Permit Number N00023566
Micavilie Loop,LLC
Formerly- Taylor Togs,Inc
Yancey County
Dear Mr. Atkins:
Division personnel have reviewed and approved your request to transfer ownership of the subject
permit,received on September 15,2008. This permit modification documents the change of ownership of
the above reference facility.
Please find enclosed the revised permit. All other terms and conditions contained in the original permit
remain unchanged and in full effect. This permit modification is issued under the requirements of North
Carolina General Statutes 143-215.1 and the Memorandum of Agreement between North Carolina and the
U.S.Environmental Protection Agency.
If you have any questions concerning this permit modification,please contact the Point Source Branch
at(919) 807-6406.
Sincerely,
�7
rlFL Sullins
cc: Central Files
Fran McPherson,DWQ Budget Office (letter only)
Asheville Regional Office,Surface Water Protectipn
NPDES Unit File NC0023566 3
NorthCarolina
Natura!!k
North Carolina Division of Water Quality 1617 Mail Service Center Raleigh,NC 27699-1617 Phone(919)807-6300 Customer Service
Internet: h2o,enr.state.nc.us 512 N.Salisbury St. Raleigh,NC 27604 FAX (919)807-6492 1-877-623-6748
An Equal Opportunity/Affirmative Action Employer—50%Recycled/10%Post Consumer Paper
Permit NCO023566
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT, HEALTH, 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,
Micaville Loop, LLC
is hereby authorized to discharge wastewater from a facility located at the
Micaville Loop, LLC
621 MICAVILLE LOOP
Micaville
Yancey County
to receiving waters designated as Little Crabtree Creek 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.
The permit shall become effective September 19, 2008.
This permit and the authorization to discharge shall expire at midnight on Feb rum 28, 2011.
Signed this day September 19, 2008.
/ oleen H. Sullins, Director
DIVISION OF WATER QUALITY
By Authority of the Environmental Management Commission
Permit NC0023566
SUPPLEMENT TO PERMIT COVER SHEET
Micaville Loop, LLC is hereby authorized to:
1. Continue to operate an existing 0.010 MGD extended aeration wastewater
treatment system with the following components:
♦ Influent lift station
♦ Bar screen
♦ Aeration basin
♦ Clarifier with sludge return
♦ Sludge holding tank
♦ Chlorinator
♦ Chlorine contact tank
♦ Fine solids settling tank
♦ Tablet dechlorinator
The facility is located in Micaville at Micaville Loop, LLC at the intersection of US
Highway 19 East and NC Highway 80 in Yancey County.
2. Discharge from said treatment works at the location specified on the attached
map into Little Crabtree Creek, classified C-Trout waters in the French Broad
River Basin.
' l' Permit NC0023566
A. (1.)EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS
During the period beginning on the effective date of this permit and lasting until expiration,
the Permittee is authorized to discharge from outfall 001. Such discharges shall be limited
and monitored by the Permittee as specified below:
EFFLUENT LIMITS MONITORING REQUIREMENTS
E,
:CHARACTERISTICS _ a
Monthly Weekly Daily Measurement Sample Type> Sample Location ;
Avera a._,; Area e , Maximum. Frequency
Flow 0.010 MGD Weekly Instantaneous Influent or Effluent
BOD,5-day(20°C) 30.0 mg/L 45.0 mg/L Weekly Grab Effluent
Total Suspended Solids 30.0 mg/L 45.0 mg/L Weekly Grab Effluent
NH3 as N 2/Month Grab Effluent
Fecal Coliform(geometric mean) 200/100 ml 400/100 ml Weekly Grab Effluent
Total Residual Chlorine 28 µg/L 2/Week Grab Effluent
pH' Weekly Grab. Effluent
Footnotes:
1. The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units.
There shall be no discharge of floating solids or visible foam in other than trace amounts
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':! .. Ail_
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Facility Information Facility S �
Latitude: 35°54'31" Sub-Basin: 04-03-06
Location ,F � ^ �
Longitude: 82°12'59" y,r�
uad#: DIONW
Stream Class: C-Trout
Receiving Stream: Little Crabtree Creek a TO��� Micavill NCO023566
Loop,LLC.
1 v
Yancey County
i
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Michael F. Easley,Governor William G. Ross,Jr.,Secretary
Alan W.Klimek,P.E.,Director
January 9,2006
Mr. Sam Cooke
If t I
Taylor Togs,Inc. ) r. _....
P.O.Box 180
Micavine;NC 28755 l l I I JA N '1 G. 2006 L % I
Subject: Issuance of NPDES Permit NC0023566 I t
Taylor Togs,Inc.WWTP r
Yancey County m
Dear Mr.Cooke:
Division personnel have reviewed and approved your application for renewal of the subject permit.
Accordingly,we are forwarding the attached NPDES discharge permit. This permit is issued pursuant to
the requirements of North Carolina General Statute 143-215.1 and the Memorandum of Agreement
between North Carolina and the U.S.Environmental Protection Agency dated May 9, 1994(or as
subsequently amended).
This final permit includes no changes from the draft permit sent to you on November 9,2005:
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.
I
If you have any questions concerning this permit,please contact Bob Sledge at telephone number(919)
733-5083,extension 547.
Sincerely,
Alan W.Klimek,P.E.
cc: Central Files
&sheville Regional Office/SurfaceWi6er:Protect on Secttori
NPDES Unit
1617 Mail Service Center,Raleigh,North Carolina 27699-1617 brie
512 N.Salisbury St.,Raleigh,North Carolina 27604 NOI�hCc�f Ohlla
Phone: 919-733-7015/FAX 919-733.2496/Internet::h2o.enrstate.nc.us
An Equal Opportunity/Affirmative Action Employer—50%Recycled/10%Post Consumer Paper �i
Permit NCO023566
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
PERMIT
TO DISCHARGE WASTEWATER UNDER THE
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
In compliance with the provisions of North Carolina General Statute 143-215.1, other lawful standards
and regulations promulgated and adopted by the North Carolina Environmental Management
Commission, and the Federal Water Pollution Control Act, as amended,
Taylor Togs, Inc.
is hereby authorized to discharge wastewater from a facility located at
Taylor Togs, Inc.
US Highway 19E & NC Highway 80
Micaville
Yancey County
to receiving waters designated as Little Crabtree Creek 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.
The permit shall become effective March 1, 2006.`
This permit and the authorization to discharge shall expire at midnight on February 28, 20.11.
Signed this day January 9, 2006.
eivn W. Klimek, P.E.,Director
ision of Water Quality
By Authority of the Environmental Management Commission
Permit NC0023566
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.
Taylor Togs,Inc. is hereby authorized to:
1. Continue to operate an existing 0.010 MGD extended aeration wastewater treatment system with
the following components:
♦ Influent lift station
♦ Bar screen
1 Aeration basin
♦ Clarifier with sludge return
♦ Sludge holding tank
Chlorinator
♦ Chlorine contact tank
Fine solids settling tank
♦ Tablet dechlorinator
The facility is located in Micaville at Taylor Togs, Inc. at the intersection of US Highway 19 East
and NC Highway 80 in Yancey County.
2. Discharge from said treatment works at the location specified on the attached map into Little
Crabtree Creek,classified C-Trout waters in the French Broad River Basin.
-
Permit NCO023566
A. (L) 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:
� �;z;a � 3,Jz�y3 r a,•, x ..� as ; Yn ." ,i _
� � t ,y Mgr s r lne�� S f a e o�ati . .
ue a aCmu t�
YY ,
�e�=i._, 9.�i�.ta�,,�°a�"�`a.� �°, �,ev...ta •,� r. �,f .��.a
Flow 0.010 MGD Weekly Instantaneous Influent or Effluent
BOD,5-day(209c) -30.0 mg/L 45.0 mg/L Weekly Grab Effluent
Total Suspended Solids 30.0 mg/L 45.0 mg/L Weekly Grab Effluent
NH3 as N 2/Month Grab Effluent
Fecal Coliform(geometric mean) 200/100 ml 400/100 ml Weekly Grab Effluent
Total Residual Chlorine 28 µg/L 2/Week Grab Effluent
pH1 Weekly _ Grab Effluent
Footnotes:
1. The pH shall not be less than 6.0 standard units nor greater than 9.0. standard units.
There`shall be no discharge of floating solids or visible foam in other than trace amounts
Staff Review and Evaluation
NPDES Wastewater Permit
FACILITY INFORMATION
Facility Taylor Togs Wastewater Treatment Plant
NPDES No. NC0023566
Design Flow(MGD) 0.010
Facility Class II
STREAM CHARACTERISTICS
Stream Name Little Crabtree Creek
Stream Class C-Trout
Sub-basin 04-03-06
Drainage Area (mil) 21.7
S7Q10 (cfs) 6.3
W7Q10 (cfs) 9.0
30Q2(cfs) 12
IWC (%) 0.25
Proposed Changes Parameters Affected Basis for change(s)
Monitoring Frequencies Fecal, NH3, TRC, pH .0500 Regs
Compliance Schedule: N/A
Special Condition(s): N/A
Permits&Engineering Comments:
Recommend renewal of NPDES permit with the above changes. ` ds
o
LC
Prepared by:
Regional Office Evaluation and Recommendations:
c (4 (96
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Permit No. NC002356-6
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT, HEALTH, 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,
Taylor Togs,Inc.
is hereby authorized to discharge wastewater from a facility located at the
Taylor Togs,Inc.
US HWY 19E&NC HWY 80 O
Micaville
Yancey County
to receiving waters designated as Little Crabtree Creek 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.
The permit shall become effective
This permit and the authorization to discharge shall expire at midnight on December 31, 2001.
Signed this day
DRAFT
A.Preston Howard,Jr.,P.E.,Director
Division of Water Quality
By Authority of the Environmental Mangement Commission
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ROAD CLASSIFICATION
PRIMARY HIGHWAY LIGHT-DUTY ROAD,HARD OR SCALE 1:24 000
HARD SURFACE IMPROVED SURFACE a 1 MILE
SECONDARY HIGHWAY o
HARD SURFACE C� UNIMPROVED ROAD = 7000 FEET
U 1 KILOMETER
Latitude• ' " Longitude: 82012,59#1 mom MEW
Map D10NW ub-basin_04-03-06 CONTOUR INTERVAL 40 FEET
Stream C ass C-Trout
Discharge Class 55 QUAD LOCATION Taylor Togs, Inc.
Receiving Stream _ Lit I _ rrabtrpp rrenk NCO023566 •
Yancey County
Permit exp. 12/31/01 Qw 0.07 0 MGD _ WWTP
Permit_No.—NC0023566--- --
SUPPLEMENT TO PERMIT COVER SHEET
Taylor Togs, Inc.
is hereby authorized to:
1. Continue to operate an existing 0.010 MGD extended aeration type wastewater treatment plant
consisting of influent lift station,bar screen, aeration basin, clarifier with sludge return,sludge
holding tank,chlorinator and chlorine contact tank,fine solids settling tank and tablet
dechlorinator located at Taylor Togs,Inc.,US Highway 19E at NC Highway 80, Micaville,
Yancey County (See Part III of this Permit), and
2. Discharge from said treatment works at the location specified on the attached map into Little
Crabtree Creek which is classified Class C-Trout waters in the French Broad River Basin.
C 1
SOC PRIORITY PROJECT: Yes No XX
IF YES, SOC NUMBER
TO: PERMITS AND ENGINEERING UNIT
WATER QUALITY SECTION
ATTENTION: Steven D. Pellei
DATE: July 24, 1996
NPDES STD F REPORT AND RECOMMENDATION
COUNTY Yancey
PERMIT NUMBER NCO023566
PART I - GENERAL INFORMATION
1. .Facility and Address: Taylor Togs, Inc.
Mailing: Post Office Box 180
Micaville, N.C. 28755
2 . Date of Investigation: January 24, 1996
3 . Report Prepared By: Max L. . Haner
4 . Persons Contacted and Telephone Number:
5 . Directions to Site: Taylor Togs, Inc. , is located in
Micaville, N. C. at the intersection of US Hwy 19E and
NC Hwy 80 .
6 . Discharge Point (s) , List for all discharge points: 001
Latitude: 35 0 54 ' 31" Longitude: 82 0 12' 5911
Attach a USGS map extract and indicate treatment facility site and
discharge point on map.
U.S.G.S. Quad No. D10NE U.S.G.S. Quad Name Micaville, NC
7. Site size and expansion area consistent with application?
_X Yes No If No, explain:
8 . Topography (relationship to flood plain included) : Not Subject To
Flooding
9 . Location of nearest dwelling: >100 fee t
Page 1
j
10 . Receiving stream or affected surface waters: Little Crabtree
Creek
a. Classification: "C-Trout"
b. River Basin and Subbasin No. : FBR, 040306
C. Describe receiving stream features and pertinent downstream
uses: Agriculture & Wildlife
PART II - DESCRIPTION OF DISCHARGE AND TREATMENT WORKS
1. a. Volume of wastewater to be permitted 0 . 010 MGD - (Ultimate
Design Capacity)
b. What is the current permitted capacity of the Wastewater
Treatment facility? 0 . 010 MGD
C. Actual treatment capacity of the current facility (current
design capacity 0 . 010 MGD
d. Date (s) and construction activities allowed by previous
Authorizations to Construct issued in the previous two years: O
e. Please provide a description of existing or substantially
constructed wastewater treatment facilities: The existing
package type WWTP consists of an influent lift station, bar
screen, aeration chamber, clarifier with sludge and skimmer
return, polishing tank, chlorination and dechlorination with
discharge to Little Crabtree Creek in the French Broad River
Basin.
f. Please provide a description of proposed wastewater treatment
facilities: NA
g. Possible toxic impacts to surface waters:
h. Pretreatment Program (POTWs only) :
in development approved
should be required not needed
2 . Residuals handling and utilization/disposal scheme: Solids removed
from the system are transported to the Town of Brevard or the City
of Marion for final handling.
a. If residuals are being land applied, please specify DWQ
Permit Number
Residuals Contractor
Telephone Number
J b. Residuals stabilization: PSRP PFRP OTHER
C. Landfill:
d. Other disposal/utilization scheme (Specify) :
3 . Treatment plant classification (attach completed rating sheet) :
Class II
4 . SIC Codes (s) : 2328
Primary 55 Secondary
Main Treatment Unit Code: 06507
PART III - OTHER PERTINENT INFORMATION
1. Is this facility being constructed with Construction Grant Funds
or are any public monies involved. (municipals only) ?
2 . Special monitoring or limitations (including toxicity) requests:
N/A
3 . Important SOC, JOC, or Compliance Schedule dates: (Please
indicate) N/A
Date
Submission of Plans and Specifications
Begin Construction
Complete Construction
4. Alternative Analysis Evaluation: Has the facility evaluated all
of the non-discharge options available. Please provide regional
perspective for each option evaluated.
Spray Irrigation: Not Feasible
Connection to Regional Sewer System: Regional sewer- system being
developed.
Subsurface: Not feasible
Other disposal options:
5. Other Special Items:
Page 3
-PART—IV - - - EVALUATI-ONAND RECONIP�NDATIONS
It is recommended that the existing permit be reissued without
significant change in limits or monitoring requirements .
SicWaVuAe of Report Preparer
W ter Quality Regional Supervisor
v
Date
Page 4
N.C.DEPARTMENT OF ENVIRONMENT,HEALTH,AND NATURAL RESOURCES
DIVISION OF ENVIRONMENTAL MANAGEMENT,P.O.BOX 29535,RALEIGH,NC 27626-0535
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
APPLICATION FOR PERMIT TO DISCHARGE-SHORT FORM C
To be filed only by persons engaged in manufacturing and mining
Do not attempt to complete this form before reading the accompanying instructions
Please print or type
1. Name,address,location,and telephone number of facility producing discharge
A. Name Taylor Togs, Inc.
B. Mailing address:
1. Streetaddress
2. City Micaville 3. State North Carol inn
nn
4. County—!a n C e—Y 5. 23 28755
C. Location:
1. Street . Hwy. 19E & 80 South
2. City Micaville 3. sty Yancey
4. State North Carolina
D. Telephone No. ( 7 0 4 ) 6 7 5—415 3
Area
Code
2. SIC
(Leave blank)
3. Number of employees 300
If all your waste is discharged into a publicly owned waste treatment facility and to the best of your knowledge you are not
required to obtain a discharge permit,proceed to item 4. Otherwise proceed directly to item 5.
4. If you meet the condition stated above,check here and supply the information asked for below. After completing
these items,please complete the date,title,and signature blocks below and return this form to the proper reviewing
office without completing the remainder of the form.
A. Name of organization responsible for receiving waste
B. Facility receiving waste:
1. Name
2. Street address
3. City r 4. County
5. State 6. 21P
5. 0 Principal product,Q raw material(Check me) Blue Jeans
6. Principal process- Cut & sew operation
7. Maximum amount of principal product produced or raw material consumer per Check one
Amount
1-99 100-1 -4 - 9 1 00-4 - 9 1 , or
Basis 49,999 more
1 2 3 4 5 6 8
—977a—y X
13. Month X
ear
8. Maximum amount of principal product produced or raw material consumer,reported in item 7,above,is measured in
(Check one)
A. pounds B. tons C. barrels D. bushels
E. square feet F. gallons G. ® pieces or units I I other,specify
9.__—(a)---Check here if discharge occurs all year®,o r -
(b) Check the month(s)discharge occurs:
1. January 2. February 3. March 4. April 5. May 6 June
7. ❑July 8. August 9. September 10. October 11. November
12. December
(c) Check how may days per week: 1. 1 2. 2-3 3 4-5 4. ® 6-7
10. Types of waste water discharged to surface waters only(check as applicable).
Discharge per operating day Flow,gallons per operating day Volume treated before discharging
cent
A. Sanitary,dailyaverage Approximately 4, 000 gal . per day
B. Cooling water,etc. daily average
_. rocess water,daily average
D. Maximum per o ating day for
ch total disar a all es
11. If any of the three types of waste water identified in item 10,either treated or untreated,are discharged to places
other than surface waters,check below as applicable.
A. Municipal sewer system gpd
B. Underground well end
C. Septic tank eod
D. Evaporation lagoon or pond end
E. Other,specify end
12. Number of separate discharge points:
A. ®1 B. 2-3 C. 4-5 D. 6 or more G
14. Name of receivingwaterorwater. Little Crabtree Creek in the French Broad _River E
15. Does your discharge contain or is it possible for your discharge to contain one or more of the following
substances added as a result of your operations,activities,or processes: ammonia,cyanide,al a Ilium,
cadmium,chromium,copper,lead,mercury,nickel,selenium,zinc,phenols,oil and grease,and rnne(rest
A. ®Yes B. nNo
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.
_Grier A. .Lackey
Printed name of Person Signing
President
Title
May 28 , 1996
Date Application Signed
ignature of Applicant
North Carolina General Statute 143-215.6(b)(2)pro id�thatt: ny person who knowingly makes any false statement
representation,or certification in any application,record,report,plan,or other document files or required to be maintained
under Article 21 or regulations of the Environmental Management Commission implementing that Article,or who falsifies,
tampers with,or knowly renders inaccurate any recording or monitoring device or method required to be operated or
maintained under Article 21 or regulations of the Environmental Management Commission implementing that Article,shall
be ilty of a misdemeanor punishable by a fine not to exceed$10,000,or by imprisonment not to exceed six months,or by
both. (18 U.S.C.Section 1001 provides a punishment by a fine of not more than$10,000 or imprisonment not more than 5
years,or both,for a similar offense.)
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PAT MCCRORY
Governor
DONALD R. VAN DER VAART
Secretary
Water Resources S. JAY ZIMMERMAN
ENVIRONMENTAL DUALITY
Director
April 13, 2016
Duncan Dorris
Micaville Loop LLC
214 Kimberly Ave.
Asheville,NC 28804
Subject: Acknowledgement of Permit Renewal
Application No.NCO023566
Micaville Loop WWTP
Yancey County
Dear Pelmittee:
The Water Quality Permitting Section has received your permit renewal application on April 8,
2016. A member of the NPDES Unit will review your application. They will contact you if additional
information is required to complete your permit renewal. Per G.S. 150B-3 your current permit does not
expire until permit decision on the application is made. Continuation of the current permit is contingent on
timely and sufficient application for renewal of the current permit. Please respond in a timely manner to
requests for additional information necessary to complete the permit application.
If you.have any additional questions concerning renewal of the subject permit,please contact Derek
Denard at 919-807-6307 or Derek.Denard@ncdenr.gov.
Sincerely,
pivision of vvaiF-r F1csources
I
W►ye w-rkzdf-o roU
APR 1 8 2016
Wren Thedford
Wastewater Branch Water�ouniitv tirm, loni ooerations �
cc: Central Files
NPDES
Asheville Regional Office
State of North Carolina Enviromnental Quality I Water Resources
1617 Mail Service Center I Raleigh,North Carolina 27699-1617
919-807-6300
James& James Environmental Management, Inc.
3801 Asheville Hwy.,Hendersonville,N.C. 28791
j OFFICE:(828)697-000 FAX:(828)697-0065
April 8,2016
RECEIVEDINCDE00M
N. C. Department of Environment and Natural Resources APR 12 Z 016
Division of Water Quality/NPDES Unit Water Quality
1617 Mail Service Center permitting Section
Raleigh,N. C. 27699-1617
Regarding All Waste Water Facilities Operated by James&James Environmental Mgt.,Inc
To Whom It May Concern:
This letter is to request the renewal of the permit for the waste water treatment facility of Micaville Loop
W WTP,NPDES number NC0023566.
Sincerely
p�, - Olvfsi� Of W°j Reeso�ceB
Trish Bryan;for Juanita James APR 18 2016
James and Jame's Environmental Mgt.,Inc.
jjemi@bellsoutl.net
r Water ouallty"'Pional Operations
i Asl sville u'twrnlal 6Nice
i
i
NPDES APPLICATION-FORM D
For privately-owned treatment systems treating 100%domestic wastewaters<1.0 MGD
Mail the complete application to:
- --- -- N-C.-DENR/Diry scion nfWater Quality/-NPDES Unit--- __ --- ----—-_ _
_1617 Mail Service Center,Raleigh,NC 27699-1617
NPDES Permit NC00
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 �t C-Ur/!l(2 i-►oq LLC- (DoccM LW'ri s�
Facility Name t C q V 111� 1� tA)
NV a-
ss Address a I �/y1 Jt-�/ lY
' city A-5 kkil �
State/Zip Code N G 2
Telephone Number ($`Lg) a73-3D`t I
Fax Number 0`
e-mail Address ' _ �V�-�lCj � �(,,y1 C Gt(A
2.Location of facility producing discharge:
Check here if some address as above
Street Addre or State Road t��``Q- LOOP
City
r
State/Zip Code C 2l�
County � I':: '''
Y0.t/t oty
3.0perator 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 Chage or ORC)
Name 4 L
{tts2 C,-oof LL
Mail ng Address Z 1 t i v►� / t� Y.` j e-
City 5VLLV t« t r
State/Zip Code t C ` -Z.�VC2
Telephone Number It�' ) ��`3' lo
Fax Number 0
�„v✓�L�tU1 tICL(( �-R'w.
e-mail Address L) Df � (S
Facility Generating Wastewater(check all that apply):
Industrial Number of Employees Q (e.5evC�
o-lmerc Number of Employees
Residential Number of Homes
School Number of Students/Staff Q
Other Explain:
Describe the sources of wastewater(example:subdivision,mobile home park,shopping centers,restaurants,etc.):
eg5p i 4f F`(
30
Number of persons served:
5.Type of collection system
Se state(sanitary sewer oombined (storm sewer and sanitary sewer)
6.Outfall Information:
Number of separate discharge points
Outfall Identification number(s) 00
Is the outfall equipped with a diffuser? Yes No
7. Name of receiving stream(s) W annlica a,Provide a map showing the exact location of each outfall):
G
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 sufficient,attach the description of the treatment system in a separate sheet of paper.
-�k i I P juem 4- 1 'P4 -�?�n-6
dtL
AC 5
4vrelI l
G �o��viP' Lon mac- r^ f�a �-erl `�'c►�? 5��i s �> 7 y��pn
6 Ole G W O i""Ji'
10.Flow Informations
Treatment Plant Design flow -MGD
Maximum daily flow MGD(for the previous 3 years)
J 11. Is this facility located on Indian country?
Yes No ,
12. Effluent Data
IVENAPPLICAM.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 reporteit report daily maximum and monthly average.
If only one analysis is reported,report as daily maximum.
RENEWAL APPLICA1VTSr Provide the highest single reading(Daily Maximum)and Monthly Average over the past 36
months or Tameters currentl in ourpermit. Mark other pmameters "N/A':
Parameter Daily Monthly Units of Measurement
Maximum Average
Biochemical Oxygen Demand(DOD)
Fecal Coliform
Total Suspended Solids
Temperature(Summer)
Temperature(Winter)
pH
13.List all permits,construction approvals and/or applications:
Type Permit Number Type Permit Number
Hazardous waste(RCRA) NESHAPS(CAA)
UIC(SDWA) ocean Dumping(WRSA)
NPDES N C00 2 Dredge or fill(Section 404 or CWA)
PSD(CAA) Other
Non attainmentprogram(CAA.)
14. APPLICANT CERTIFICATION
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.
Duel GQ( Dc)y-r" 5 b tA) n
Printed name of Person Signing Title
Signature of Applicant Date
Noah 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
rrn
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Certified Mail # 70161370 000165718584
Return Receigt Requested
June 2, 2017
Duncan Dorris
Micaville Loop LLC
214 Kimberly Ave.
Asheville, NC 28804
SUBJECT: NOTICE OF VIOLATION
Tracking Number: NOV-2017-LV-0373
Permit No. NCO023566
Micaville LoopWWWTP
Yancey County
Dear Permittee:
A review of the January 2017 Discharge Monitoring Report(DMR) for the subject facility revealed the violation(s)
indicated below:
Limit Exceedance Violation(s):
Sample Limit Reported
Location Parameter Date Value Value Type of Violation
001 Effluent BOD, 5-Day(20 Deg. C) - 1/24/2017 45 59.7 Daily Maximum Exceeded
Concentration (C0310)
Remedial actions, if not already implemented, should be taken to correct any noted problems. The Division of
Water Resources may pursue enforcement actions for this and any additional violations.
If you have any questions concerning this matter, please contact Linda Wiggs of the Asheville Regional Office at
828-296-4500.
Sincerely, -wow
G. Landon Davidson, P.G., Regional Supervisor
Water Quality Regional Operations Section
Asheville Regional Office
Division of Water Resources, NCDEQ
Cc: WQS Asheville Regional Office-Enforcement File
NPDES Compliance/Enforcement Unit-Enforcement File
G:\WR\WQ\Yancey\Wastewater\Minors\Micaville Loop LLC(Taylor Togs)23566\NOV-2017-LV-0373.resend.rtF
State of North Carolina I Environmental Quality I Water Resources
2090 U.S.70 Highway,Swannanoa,NC 28778
828-296-4500
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Certified Mail # 7016 1370 00016571 7891 +
I Return Receipt Requested
�:Bebby-Atkrrr5"""
May 22, 2017
Micaville Loop LLC a I V1 M
PO Box 755 -p
Micaville, NC 28755-0755 1`
SUBJECT: NOTICE OF VIOLATION
Tracking Number: NOV-2017-LV-0373
Permit No. NCO023566
Micaville Loop WWTP
Yancey County
Dear Permittee:
A review of the January 2017 Discharge Monitoring Report(DMR) for the subject facility revealed the violation(s)
indicated below:
Limit Exceedance Violation(s)•
Sample Limit Reported
Location Parameter Date Value Value Type of Violation
001 Effluent BOD, 5-Day(20 Deg. C) - 1/24/2017 45. 59.7 Daily Maximum Exceeded
Concentration (C0310)
Remedial actions, if not already implemented, should be taken to correct any noted problems. The Division of
Water Resources may pursue enforcement actions for this and any additional violations.
If you have any questions concerning this matter, please contact Linda Wiggs of the Asheville Regional Office at
828-296-4500.
Sincerely,
G. Landon Davidson, P.G., Regional Supervisor
Water Quality Regional Operations Section
Asheville Regional Office
Division of Water Resources, NCDEQ
Cc: WQS Asheville Regional Office-Enforcement File
NPDES Compliance/Enforcement Unit-Enforcement File
G:\WR\WQ\Yancey\Wastewater\Minors\Micaville Loop LLC(Taylor Togs)23s66\N0V-2017-LV-0373.rtf
State of North Carolina I Environmental Quality 1 Water Resources
2090 U.S.70 Highway,Swannanoa,NC 28778
828-296-4500
Water Pollution Control Systelu OpOutor Designation Forms
WPCSOCC
NCAC ISA SG.0201
rerwitteeOwner/Officer Name: i �-?vlC4 ✓7 ,• Y r
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17isciphusty Actions by the Water Pollution Control System Opetators Certihcadon Commission:'
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Phone:910-433.3300 Phone:704.60.1699
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FqCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory John E. Skvarla, III
Governor Secretary
November 24, 2014
Bobby Atkins
Micaville Loop LLC
PO Box 755
Micaville,NC 28755
SUBJECT: Site Visit
Micaville Loop (Taylor Togs) WWTP
Permit No: NCO023566
Yancey County
Dear Mr. Atkins:
Enclosed you will find a copy of the inspection report from the site visit conducted on October 31, 2014. A site
visit was conducted to evaluate if the wastewater facility was back in operation. The treatment plant was not
discharging. I contacted Mr. Jadd Brewer, the Operator in Responsible Charge (ORC), by phone and talked
with him regarding this facility. I am aware of this industrial facility's anticipation of tying onto the new
municipality's treatment system once it is available. In the meantime, if flows are to be directed to your
wastewater facility please contact me. Refer to the enclosed inspection report for additional observations and
comments. If you or your staff have any questions,please call me at 828-296-4500.
Sincerely,
Linda Wiggs
Environmental Senior Specialist
Asheville Regional Office
Enc.Inspection Report
cc: Jadd Brewer,ORC(e-copy)
MSC 1617-Central Files-Basement
Asheville Files
G:\WR\WQ\Yancey\Wastewater\Minors\Micaville Loop LLC(Taylor Togs)23566\Visit.Ltr.Oct2014.doc
Water Quality Regional Operations—Asheville Regional Office
2090 U.S.Highway 70,Swannanoa,North Carolina 28778
Phone:828-296-4500 FAX:828-299-7043
Internet:http://portal.nedenr.org/web/wq
An Equal Opportunity\Affirmative Action Employer
United States Environmental Protection Agency Form Approved.
EPA Washington,D.C.20460 OMB No.2040-0057
Water Compliance Inspection Report Approval expires B-31-98
Section A:National Data System Coding(i.e.,PCS)
Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type
1 IN 1 2 15 1 3 I NCO023566 I1'1 12 14/10/31 17 18 I R I 19 I G I 20I
211 1 1 1 -1 1 IIIIIIILI 1111111111111111 11111111111 166
Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA —-------------Reserved-----------
67 70 U 71 l_ 72 L t4 � 731 I 174 751 I L I I 1 1 180
Section B:Facility Data LJ
Name and Location of Facility Inspected(For Industrial Users discharging to POTW,also include Entry Time/Date Permit Effective Date
POTW name and NPDES permit Number) 09:30AM 14/10/31 11/04/01
Micaville Loop WWTP
621 Micaville Loop Exit Time/Date Permit Expiration Date
Micaville NC 28755 10:00AM 14/10/31 16/02/29
Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data
Name,Address of Responsible Officialfritle/Phone and Fax Number
Contacted
Bobby Atkins,PO Box 755 Micaville NC 287550755/Owner/Contact
No
Person/828-284-2155/
Section C:Areas Evaluated During Inspection(Check only those areas evaluated)
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
Linda S Wiggs ARO WQ//828-296-4500 Ext.4653/ /Y
1
Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers ..Date
EPA Form 3560-3(Rev 9-94)Previous editions are obsolete.
Page# 1
i
NPDES yr/mo/day Inspection Type (Cont.)
3�- --NC0023566 _ _14/10/31_ _..-.17_ _ 18-'D I— --- ----- -- ._ --- -— -----.—
Section D:Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary)
The inspector stopped by this facility to check on operations. It was reported to the inspector that a
business(Ice Cream Shop) had moved into a portion of the building.
This wastewater treatment system is composed of a small pump station (PS)and an above ground
package plant. On the day of the visit there was a sign at the ice cream shop that they were closed for
the week(season?). The PS did not indicate any overflows.The WWTP had water in it and aeration
was taking place. There was no water being discharged and the water in the plant looked clean.
The inspector spoke with the previous ORC (Jadd Brewer)for an update. He stated the ice cream
shop did want to remain open through the winter and that he had seeded the plant in anticipation of
flows. I told Jadd Brewer to keep me informed of operations.
This facility is slated to tie onto the new S. Toe WWTP once it is ready to receive flows. Jadd Brewer
also mentioned the owners of the Taylor Togs building were hoping a baking industry may set up in the
old industrial establishment.Again, if this is the case the Division of Water Resources (DWR)will need
to be notified.
Page# 2
AjPA
ir&ENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, P. E. Dee Freeman
Governor Director Secretary
July 19,2012
,�.fitw�sA►r+iW�'rc:+tth.rr.e�l,�,.r�+uaW v t ,crx�s�+a rLirs?�ava;AC+�r�sy+r
CERTIFIED MAIL RETURN RECEIPT REQUESTED 7010 2780 0003 4825 6052
Mr. Blake Atkins
DBA: Micaville Loop, LLCa`• "`
PO Box 755 JUL Z 6 201Z -Micaville, NC 287„55 �<
WATEn OUALl1'Y SECT ION '
Subject: Assessment of Civil Penalty for Violations of Reporting Requirements , „`:' A ;I lL;vILLE Rr,_,Ipp`�gt C)rfaCF
Micaville Loop WWTP
NPDES Permit NCO023566
Case NumberLR-2012-0008
Yancey County
Dear Mr.Atkins:
This letter transmits notice of a civil penalty assessed against the Micaville Loop WWTP in the amount of$1,100.00
($1,000.00 civil penalty+$100.00 in enforcement costs).This assessment is based upon the following facts:
1. The February 2012 Discharge monitoring report(DMR)was not filed with the Division of Water Quality
within the thirty(30)day reporting period in accordance with the monitoring and reporting requirements
contained in your NPDES permit.A Notice of Violation(NOV-2012-LR-0018)was mailed to you on April 30,
2012 for failure to submit the February 2012 DMR no later than the thirtieth(30rh)day following the reporting
period.This Notice of Violation was received by you on May 4,2012.Within said Notice,you were informed
that future reports not received within the required timeframe would result in further enforcement actions.
2. The March 2012 Discharge monitoring report(DMR)was not filed with the Division of Water Quality
within the thirty(30)day reporting period in accordance with the monitoring and reporting requirements
contained in your NPDES permit.A Notice of Violation(NOV-2012-LR-0028 was mailed to you on June 15,
2012 for failure to submit the March 2012 DMR no later than the thirtieth(30 h)day following the reporting
period.This Notice of Violation was received by you on June 25,2012.Within said Notice,you were
informed.that future reports not received within the required timeframe would result in further enforcement
actions.
Based upon the above facts, I conclude as a matter of law that the Micaville Loop WWTP violated or failed to act in
accordance with the requirements of NPDES Permit NCO023566 and G.S. 143-215.65.A civil penalty of not more
than$25,000.00 per violation may be assessed against a person who fails to file,submit,or make available any
documents,data,or reports required by G.S. 143-215.65. The State's enforcement costs in this matter may be
assessed pursuant to G.S. 143-215.3(a)(9)and G.S. 143-282.1(b)(8).
1617 Mail Service Center,Raleigh,North Carolina 27699-1617
Location:512 N.Salisbury St.Raleigh,North Carolina 27604
Phone:919-807-63001 FAX:919-807-6492
Internet:v=mcwaterouality.org h'TOne
An Equal Opportunity 1 Affirmative Action Employer l�QfthCarof1nta
Naturally
cased upon the above findings of fa'` .end conclusions of law,and pursuant to the autf' y 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 Micaville Loop WWTP:
$ $1,000.00 for failing to submit the March 2012 DMR as required by NPDES Permit
NCO023566 and G.S.143-215.65.
$ .$100.00 Investigation Costs
$ $1,100.00 TOTAL AMOUNT DUE
Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty, I have taken into account the Findings of
Facts and Conclusions of Law and have considered each and every specific factor set out in G.S. 1436-282.1(b),
which are:
(1) The degree ar)d 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. 1436-282.1(b)were wrongfully
applied to the detriment of the petitioner;
(b) the violator promptly abated continuing environmental damage resulting from the violation;
(c) the violation was inadvertent or a result of an accident;
(d) the violator had been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining necessary remedial
actions.
Please submit this information to the attention of:
Point Source Branch
Division of Water Quality
1617 Mail Service Center
Raleigh,North Carolina 27699-1617
Please note that all information presented in support of a request for remission must be submitted
in writing.The Director of the Division of Water Quality will review the information during a
bimonthly enforcement conference and inform you of his decision in the matter of the remission
request. His response will provide details regarding case status,directions for payment and
provision for further appeal of the penalty to the Environmental Management Commission's
Committee on Civil Penalty,Remissions. Please be advised that the Committee cannot consider
information that was not part of the original remission request considered by the Director and
therefore,it is very important that you prepare a complete and thorough statement in support of
your request for remission.
OR
3. Submit a written request for an administrative hearing:
If you wish to contest any statement in this assessment letter,you must request an administrative
hearing. This request must be in the form of a written petition to the Office of Administrative Hearings
and must conform to Chapter 150B of the North Carolina General Statutes. You must:
File your original petition with the
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, North Carolina 27699-6714
and
Mail or hand-deliver a copy of the petition to
General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, North Carolina 27699-1601
Please indicate the case number(as found on page one of this letter)on the petition.
Failure to exercise one of the options above within thirty days as evidenced by a date stamp(not a postmark)
indicating when we received your response,will result in this matter being referred to the Attorney General's Office
with a request to initiate a civil action to collect the penalty. Please be advised that additional assessments may be
levied for violations that occur after the review period of this assessment.
If you have any questions concerning this matter,please contact Mr. Bob Guerra at(919)807-6387 or email at
bob.guerraCcDncdenr.gov.
incer
John Hennessy
Supervisor, NPDES Program
Attachments
cc: ARO Surface Water Protection,Jim Gregson,Supervisor
Enforcement File w/attachments
Central Files w/attachments
STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
COUNTY OF YANCEY
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND
MICAVILLE LOOP WWTP ) STIPULATION OF FACTS
NPDES PERMIT NCO023566
FILE NO. LR-2012-0008
Having been assessed civil penalties totaling$1,100.00 for violation(s)as set forth in the
assessment document of the Division of Water Quality dated July 19, 2012 the undersigned, desiring
to seek remission of the civil penalties, does hereby waive the right to an administrative hearing in
the above-stated matter and does stipulate that the facts are as alleged in the assessment document.
The undersigned further understands that all evidence presented in support of remission of this civil
penalty must be submitted to the Director of the Division of Water Quality within 30 days of receipt
of the notice of assessment. No new evidence in support of a remission request will be allowed after
30 days from the receipt of the notice of assessment.
This the day of ,2012.
BY
ADDRESS
TELEPHONE
�1
DIVISION OF WA i,ER QUALITY-CIVIL PENALTY AS LSMENT
Violator: Micaville Loop WWTP NC0023655
County: Yancey
Case Number: LR-2012-0008
ASSESSMENT FACTORS
1) The degree and extent of harm to the natural resources of the State,to the public health,or
to private property resulting from the violation;
2) The duration and gravity of the violation;
3) The effect on ground or surface water quantity or quality or on air quality;
4) The cost of rectifying the damage;
5) The amount of money saved by noncompliance;
6) Whether the violation was committed willfully or intentionally;
7) The prior record of the violator in complying or failing to comply with programs over
which the Environmental Management Commission has regulatory authority; and
8) The cost to the State of the enforcement procedures.
❑ The assessment factors listed above were considered. However, since this case pertains to the
X non-submittal of required information, impacts are o n.
D to n Hennessy,Superv' DES Unit
i r
i! �rirrrrr,.
CDENR
North Carolina Department of Environment and Natural Resources
01 Division of Water Quality
Beverly Eaves Perdue Charles Wakild P. E. Dee Freeman
Governor Director Secretary .
July 19,2012
RETURN RECEIPT REQUESTED CERTIFIED MAIL 7010 2780 0003 4825 6069
Mr. Blake Atkins
DBA: Micaville Loop, LLC
PO Box 755
Micaville, NC 28755
Subject: NOTICE OF VIOLATION—NOV-2012-LR-0034
Micaville Loop WWTP NCO023566
Yancey County
Dear Mr.Atkins:
This is to inform you that the Division of Water Quality has not received your monthly monitoring reports for April 2012 for
the above referenced facility. This is in violation of Part ll, Condition D (2) of the NPDES permit, as well as 15A NCAC 213
.506(a), which requires the submittal of Discharge Monitoring Reports no later than the thirtieth (30") 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. Please submit the requested DMR within 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 919-807-6387 or at bob.guerra(@ncdenr.gov.
Sincerely,
Bob Guerra
Compliance& Expedited Permits
cc: ARO, Surface Water Protection Supervisor ---- - w
Central Files
Enforcement file `� — i..•--
JUL 26 2012
WATc R QUALITY Si_CTIO
VILt_f [?�C,10NAL c�rI ICE
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 Nof iC ohna
Internet:http:/lportal.ncdenr.org/weblwglhome }►�a,�r�. �//�
An Equal Opportunity\Affirmative Action Employer
1617 Mair�Irvice Center
Raleigh, Nurh 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 150B of the North Carolina General Statutes. You must:
File your original petition with the
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, North Carolina 27699-6714
and
Mail or hand-deliver a copy of the petition to
General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, North Carolina 27699-1601
Please indicate the case number(as found on page one of this letter)on the petition.
Failure to exercise one of the options above within thirty days as evidenced by a date stamp(not a postmark)
indicating when we received your response,will result in this matter being referred to the Attorney General's Office
with a request to initiate a civil action to collect the penalty. Please be advised that additional assessments may be
levied for violations that occur after the review period of this assessment.
If you have any questions concerning this matter, please contact Mr. Bob Guerra at(919)807-6387 or email at
bob.guerra ncdenr.gov..
(since;rel ,
" ohn Hennessy �.__...
Supervisor, NPDES Program
Attachments _— • ..�[+:�7 .._ .,"" „'�,
cc: ARO Surface Water Protection,Jim Gregson,Supervisor
Enforcement File Wattachments
Central Filesw/attachments
UUN 26 2012
CCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, P. E. Dee Freeman
Governor Director Secretary
June 15,2012
CERTIFIED MAIL RETURN RECEIPT REQUESTED 7010 2780 0003 4825 5918
Mr. Blake Atkins& Mr. Duncan Doris
DBA: Micaville Loop, LLC
PO Box 755
Micaville, NC 28755
Subject: Assessment of Civil Penalty for Violations of Reporting Requirements
Micaville Loop WWTP
NPDES Permit NCO023566
Case Number LR-2012-0005
Yancey County
Dear Mr.Atkins:
This letter transmits notice of a civil penalty assessed against the Micaville Loop WWTP in the amount of$600.00
($500.00 civil penalty+$100.00 in enforcement costs).This assessment is based upon the following facts:
1. The February 2012 Discharge monitoring report(DMR)was not filed with the Division of Water Quality
within the thirty(30)day reporting period in accordance with the monitoring and reporting requirements
contained in your NPDES permit.A Notice of Violation(NOV-2012-LR-0018)was mailed to you on April 30,
2012 for failure to submit the February 2012 DMR no later than the thirtieth(30th)day following the reporting
period.This Notice of Violation was received by you on May 4,2012.Within said Notice,you were informed
that future reports not received within the required timeframe would result in further enforcement actions.
Based upon the above facts, I conclude as a matter of law that the Micaville Loop WWTP violated or failed to act in
accordance with the requirements of NPDES Permit NCO023566 and G.S. 143-215.65.A civil penalty of not more
than$25,000.00 per violation may be assessed against a person who fails to file,submit,or make available any
documents, data, or reports required by G.S. 143-215.65. The State's enforcement costs in this matter may be
assessed pursuant to G.S. 143-215.3(a)(9)and G.S. 143-282.1(b)(8).
Based upon the above findings of fact and conclusions of law,and pursuant to the authority delegated to me by the
Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Quality,
I hereby make the following civil penalty assessment against the Micaville Loop WWTP:
1617 Mail Service Center,Raleigh,North Carolina 27699-1617
Location:512 N.Salisbury St.Raleigh,North Carolina 27604
Phone:919-807-63001 FAX:919-807-6492
Internet:www.ncwaterguality.om �TOne
An Equal Opportunity 1Affirmative Action Employer 1�orth .arohna
. �atur�Ctt�
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$ $500.00 for failing to submit the February 2012 DMR as required by NPDES Permit
NC0023566 and G.S.143-215.65.
$ $100.00 Investigation Costs
$ $600.00 TOTAL AMOUNT DUE
Pursuant to G.S. 143-215:6A(c), in determining the amount of the penalty, I have taken into account the Findings of
Facts and Conclusions of Law and have considered each and every specific factor set out in G.S. 143B-282.1(b),
which are:
(1) The degree and extent of harm to the natural resources of the State,to public health,or to private property
resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on the ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs over which the Environmental
Management Commission has regulatory authority; and
(8) The cost to the State of the enforcement procedures.
Within thirty days of receipt of this notice,you must do one of the following:
1. Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environment and Natural
Resources(do not include waiver form). Payment of the penalty will not foreclose further
enforcement action for any continuing or new violation(s).
Please submit payment to the attention of:
Point Source Branch
Division of Water Quality
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
OR
2. Submit a written request for remission or mitigation including a detailed justification for such
request.
A request for remission or mitigation is limited to consideration of the reasonableness of the amount
of the penalty and is not the proper procedure for contesting the accuracy of any of the statements
contained in the assessment letter. Because a remission request forecloses the option of an
administrative hearing,such a request must be accompanied by a waiver of your right to an
administrative hearing and a stipulation that there are no factual or legal issues in dispute. You must
execute and return to this office the attached waiver and stipulation form and a detailed statement,
which you believe establishes whether:
(a) one or more of the civil penalty assessment factors in G.S. 143B-282.1(b)were wrongfully
applied to the detriment of the petitioner;
(b) the violator promptly abated continuing environmental damage resulting from the violation;
(c) the violation was inadvertent or a result of an accident;
(d) the violator had been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining necessary remedial
actions.
Please submit this information to the attention of:
Point Source Branch
Division of Water Quality
t i
DIVISION OF WA f ER QUALITY-CIVIL PENALTY ASSr SSMENT
Violator: Micaville Loon WWTP NC0023655
County: Yancey
Case Number: LR-2012-0005
ASSESSMENT FACTORS
.1) The degree and extent of harm to the natural resources of the State,to the public health,or
to private property resulting from the violation;
2) The duration and gravity of the violation;
3) The effect on ground or surface water quantity or quality or on air quality;
4) The cost of rectifying the damage;
5) The amount of money saved by noncompliance;
6) Whether the violation was committed willfully or intentionally;
7) The prior record of the violator in complying or failing to comply with programs over
which the Environmental Management Commission has regulatory authority; and .
8) The cost to the State of the enforcement procedures.
❑ The assessment factors listed above were considered. However, since this case pertains to the
X non-submittal of required information,impacts are o
D to col Hennessy,Strpei unit
STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
COUNTY OF YANCEY
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND
MICAVILLE LOOP WWTP ) STIPULATION OF FACTS
NPDES PERMIT NCO023566
FILE NO. LR-2012-0005
Having been assessed civil penalties totaling$600.00 for violation(s) as set forth in the
assessment document of the Division of Water Quality dated June 15, 2012 the undersigned, desiring
to seek remission of the civil penalties, does hereby waive the right to an administrative hearing in
the above-stated matter and does stipulate that the facts are as alleged in the assessment document.
The undersigned further understands that all evidence presented in support of remission of this civil
penalty must be submitted to the Director of the Division of Water Quality within 30 days of receipt
of the notice of assessment. No new evidence in support of a remission request will be allowed after
30 days from the receipt of the notice of assessment.
This the day of 92012.
BY
ADDRESS
TELEPHONE
lWDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild RE, Dee Freeman
Governor Director Secretary
April 30,2012
RETURN RECEIPT REQUESTED CERTIFIED MAIL 7009 1680 0002 2464 9464
Mr. Blake Atkins & Mr. Duncan Doris
DBA: Micaville Loop, LLC
PO Box 755
Micaville, NC 28755
Subject: NOTICE OF VIOLATION—NOV-2012-LR-0018
Micaville Loop WWTP NCO023566
Yancey County
Dear Mr.Atkins:
This is to inform you that the Division of Water Quality has not received your monthly monitoring report for
February 2012 after the required reporting date. This is in violation of Part ll, 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 (30")
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 $26,000 per violation. You will be considered noncompliant with the self-monitoring
requirements of your NPDES permit until the report has been submitted.
Please submit the February 2012 DMR report within 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,which have occurred in the past.
The Division must take these steps because timely submittal of discharge monitoring reports is essential to the
efficient operation of our water quality programs. We appreciate your assistance in this matter. If you have any questions
about this letter or Discharge Monitoring Reports, please contact me at 919-807-6387 or at bob.guerra(a)ncdenr.gov.
Sincerely,
Bob Guerra
Western Region NPDES Unit
cc: ARO Surface Water Protection Supervisor, Chuck Cranford
Central Files
Enforcement file
1617 Mail Service Center,Raleigh,North Carolina 27699-1617
Location:512 N.Salisbury St.Raleigh,North Carolina 27604 One
Phone:919-807-6387\FAX:919-807-6495\Customer Service:1-877-623-6748 N& Warolina
Internet:http://portal.ncdenr.org/web/Wq/home �Cy `'/N�/�,,
An Equal Opportunity lAffirmativeAction Employer a`
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Water Quality Lab &' Operations, Inc. �
PO Box 1167, Banner Elk, NC,28604
Phone: 828-898-6277 Fax: 828-898-6255
Ne�rrrner�
aylor ogs�Micaville L gip!'
NPDES # NCO023566
Sam Cook
PO BOX 180
Micaville, NC 28755
ye�r V1 L11 f- V, co "
Here is your ANNUAL WASTEWATER TREATMENT REPORT(AWTR) along with
a sample letter that you may send to your customers if you like. You may rewrite the
sample letter to say what you wish to your customers. Please fill out the bold text in the
sample letter if you wish to use it.
A copy of the AWTR has been sent to the state, so you may not modify the AWTR.
Thank you for letting us be of service to you, if you have any questions about the AWTR,
feel free to call me at(828) 898-6277. Thank you again for your time.
Sincerely,
Paul Isenhour
Laboratory Supervisor
Water Quality Lab & Operations, Inc.
�..�
MAR ^ 9
p 2011
ENR-
aWATER QUALITY
POINT SOURCE BRANCH
MAR 17 2011
(QUALITY gECTiON
��`Kyit WATER
#:� ASH-IFVII.LG f�Fo G�0NAL OFFICE
Annual Wastewater Treatment Plant Report
Taylor Togs Micaville Loop
NPDES #:NC0023566
Date: 3/4/11
We are pleased to present to you this year's Annual Wastewater Treatment Plant Report.
This report is designed to inform you about the quality of the wastewater we discharge to
the receiving waters every day. Our constant goal is to protect the environmental waters
of North Carolina. We want you to understand the efforts we make to continually
improve the wastewater treatment process and protect our water resources. We are
committed to ensuring the quality of the receiving waters that we discharge to.
If you have any questions about this report or concerning your wastewater utility, please
contact Paul Isenhour at (828) 898-6277. We want our valued customers to be informed
about their wastewater utility.
Let us first take this opportunity to give you a brief description of a Wastewater
Treatment Plant. The waters that go down the drain, follow many different pipes, and
ends up at the treatment plant. The wastewater goes through a bar screen that stops large
particles that are present (i.e.,rags and papers). The water then goes to an aeration basin
where air is pumped into the water. This air supplies oxygen to bacteria that feed on the
solids that are in the water. The water then goes to the clarifier where the solids settle out.
The solids are pumped back to the aeration basin to give the bacteria a second chance to
feed. When there are too many solids in the plant, some of the solids are pumped to a
digester tank. In the digester,the bacteria have more time to feed on and reduce the
solids'volume. When the digester gets full,the solids are pumped from the tank and
taken to a larger facility. The clear water from the clarifier then goes to a tank for
disinfection. The two most prominent ways to disinfect the wastewater are chlorine and
ultraviolet light. Chlorine can be used as a gas or in solid tablet form. When chlorine is
used,there is generally a dechlorinating agent use to remove any excess chlorine from the
wastewater before it goes to the receiving water. When ultraviolet light(UV) is used, the
wastewater flows around the UV bulbs. Bacteria can not live when exposed to UV light,
so as the water passes the UV bulbs, the water in disinfected. Finally, after disinfection,
the treated wastewater goes into the receiving waters.
PERFORMANCE _
The system had no discharge during the reporting period.
NOTIFICATION
This annual report has been sent to the North Carolina Division of Water Quality and to
the owner of the wastewater system. The wastewater system owner has also been given a
letter that they can easily distribute to all their customers. The letter will inform the
customers that the annual report is available upon request to the owner of the system.
CERTIFICATION
I certify under penalty of law that this report is complete and accurate to the best of my
knowledge. I further certify that this report has been made available to the users or
customers of the named system and that those users have been notified of its availability
as per the NOTIFICATION section above.
Paul Isenhour Date
Laboratory Supervisor
Water Quality Lab& Operations, Inc.
Annual Wastewater Treatment Plant Report
Taylor Togs Micaville Loop .--
NPDES M NC0023566
Date: 3/3/10 -�
p,
WATER QUN_ITY`:I_';_: IC ICI
ASHEVILLE
77.
We are pleased to present to you this year's Annual Wastewater`Treatment-Plant°Report:
This report is designed to inform you about the quality of the wastewater we discharge to
the receiving waters every day. Our constant goal is to protect the environmental waters
of North Carolina. We want you to understand the efforts we make to continually
improve the wastewater treatment process and protect our water resources. We are
committed to ensuring the quality,of the receiving waters that we discharge to. ,
If you have any questions about this report or concerning your wastewater utility,please
contact Paul Isenhour at(828) 898-6277.We want our valued customers to be informed
about their wastewater utility.
Let us first take this opportunity to give you a brief description of a Wastewater
Treatment Plant. The waters that go down the drain, follow many different pipes, and
ends,up at the treatment plant. The wastewater goes through a bar screen that stops large
particles that are present(i.e.,rags and papers).The water then goes to an aeration basin
where air is pumped into the water. This air supplies oxygen to bacteria that feed on the
solids that are in the water. The water then goes to the clarifier where the solids settle out.
The solids are pumped back to the aeration basin to give the bacteria a second chance to
feed. When there are too many solids in the plant, some of the solid d to a
digester tank. In the digester, the bacteria have more time to feed o %
solids'volume.When the digester gets full, the solids are pumped t e lair
taken to a larger facility. The clear water from the clarifier then go t a ��O��
disinfection. The two most prominent ways to disinfect the wastew to are c loran d
ultraviolet light. Chlorine can be used as a gas or in solid tablet fo is
used, there is generally a dechlorinating agent use to remove any e J� �.` L Al,
wastewater before it goes to the receiving water. When ultraviolet light(UV)is used,the
wastewater flows around the UV bulbs. Bacteria can not live when exposed to UV light,
so as the water passes the UV bulbs, the water in disinfected. Finally, after disinfection,
the treated wastewater goes into the receiving waters.
PERFORMANCE
The treatment plant did very well last year. We had no violations. All samples met or
exceeded State standards. There has been no flow from the plant all year.
NOTIFICATION
This annual report has been sent to the North Carolina Division of Water Quality and to
the owner of the wastewater system. The wastewater system owner has also been given a
letter that they can easily distribute to all their customers. The letter will inform the
customers that the annual report is available upon request to the owner of the system.
CERTIFICATION
I certify under penalty of law that this report is complete and accurate to the best of my
knowledge. I further certify that this report has been made available to the users or
customers of the named system and that those users have been notified of its availability
as per the NOTIFICATION section above.
Paul Isenhour Date
Laboratory Supervisor
Water Quality Lab &Operations, Inc.
,� . a�ir�"?r°$Tpi'47`$'a4?1.'tvliSG5f 43M».oVa�Armrt+3M., tY
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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
January 4, 2010
Blake Atkins
Micaville Loop LLC
PO Box 755
Micaville NC 28755
SUBJECT: Compliance Evaluation Inspection
Micaville Loop WWTP
Permit No: NCO023566
Yancey County
Dear Mr. Atkins:
Enclosed please find a copy of the Compliance Evaluation Inspection conducted
on December 15, 2009. Please refer to the Inspection report for additional comments.
The facility appeared to be in Compliance with permit NC0023566.
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: Jadd Brewer, ORC
Central Files
Asheville Files
SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE
Location:2090 U.S. Highway 70,Swannanoa,NC 28778 One
NorthCarolina
Phone:(828)296-4500\FAX:828 299-7043\Customer Service:1-877-623-6748
Internet:www.ncwaterouality.org G:\WPDATA\DEMWQ\Yancey\23566 Taylor Togs Naturally
C1
United States Environmental Protection Agency Form Approved.
EPA Washington,D.C.20460 OMB No.2040-0057
Water Compliance inspection Report Approval expires 8-31-98
Section A: National Data System Coding(i.e.,PCS)
Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type
1 INI 2 U 3I NCO02356G I11 12I 09/12/15 I.17 18ICI 191.a1 20L
t_! Remarks 1U! U U
211111 I I I I IIII IIII IIII 1111111111111111111111111116
Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 CIA ---------------------------Reserved----------------------
67169 70 U 711j 72 I N I 73 Lj_j 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)
Micaville Loop WWTP
09:30 AM 09/12/15 06/03/01
621 Micaville Loop, Exit Time/Date Permit Expiration Date
Micaville NC 28755 10:30 AM 09/12/15 11/02/28
Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data
John Franklin Austin/ORC/828-898-6277/
Name,Address of Responsible Official/Title/Phone and Fax Number
Blake Atkins,PO Box 755 Micaville NC 28755/Contact Contacted
Person/Owner/828-284-2155/ No
Section C: Areas Evaluated During Inspection(Check only those areas evaluated)
Permit N Flow Measurement Operations&Maintenance Records/Reports
Self-Monitoring Program 0 Facility Site Review Effluent/Receiving Waters Laboratory
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,,rpn_ ARO WQ//828-296-4500/ /� ,
Roger C Edwards ARO WQ//828-296-4500/ 4/v
Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date
Roger C Edwards ARO WQ//828-296-4500/
EPA Form 3560-3(Rev 9-94)Previous editions are obsolete.
Page# 1
NPDES yr/mo/day Inspection Type (cont.) 1
3�NC0023566 I11 12I 09/12/15 I17 18'_'
Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary)
At the time of inspection the plant was discharging well water whiclkwas being piped in to the final basin.
The Division of Water Quality encourages the smart use of water rourses and advised the owner to find
ways to cut water/power consumption while the plant is not being used.
The plant was generally clean however it was showing some signs of wear that need to be addressed in
order to prolong the life of the plant. The plant is showing signs of rust and corrosion and it is recommended
that it be painted. The bar screen was also heavily corroded and may need replacing soon if the plant is put
back in service.
The permit expires on 2-28-2011. Please request a permit renewal 6 months prior to expiration. A renewal
notice will be mailed as a reminder.
No violations of permit requirements or applicable regulations were observed during this inspection.
Page# 2
Permit: NCO023566 Owner-Facility: Micaville Loop WWTP
Inspection Date: 12/15/2009 Inspection Type: Compliance Evaluation
Operations&Maintenance Yes No NA NE
Is the plant generally clean with acceptable housekeeping? ■ ❑ ❑ ❑
Does the facility analyze process control parameters,for ex: MLSS,MCRT, Settleable Solids,pH,DO,Sludge ❑ ❑ ■ ❑
Judge,and other that are applicable?
Comment: The plant was generally clean however it was showing some signs of wear
that need to be addressed inorder to prolong the life of the plant. The plant is showing
signs of rust and corrosion and it is recomended that it be painted. The barscreen was
also heavily coroded and may need replacing soon if the plant is put back in service.
Permit Yes No NA NE
(If the present permit expires in 6 months or less). Has the permittee submitted a new application? ■ ❑ ❑ ❑
Is the facility as described in the permit? ■ ❑ ❑ ❑
#Are there any special conditions for the permit? ❑ ❑ ■ ❑
Is access to the plant site restricted to the general public? ■ ❑ ❑ ❑
Is the inspector granted access to all areas for inspection? ■ ❑ ❑ ❑
Comment: The permit expires on 2-28-2011. Please request a permit renewal 6
months prior to expiration. A renewal notice will be mailed as a reminder.
Page# 3
i
A=&Je
ifCDENR
t North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H.Sullins Fr" a
e ..
- Governor Director D �_��U-�e' t
J U L 10 2009
July 6, 2009
WATER QUALITY SECTION
Mr. Sam Cook ASHEVILI E nFGIONAL OFFICE
Micaville Loop, LLC
PO Box 180
Micaville, NC 28755
Subject: Retraction of Case Number LR-2009-0005
Micaville Loop WWTP NCO023566
Yancey County
Dear Mr. Cook:
On April 7, 2009, enforcement action LR-2009-0005 was issued against Taylor Togs WWTP NC0023566 with a civil
penalty of$600.00.The enforcement action was based upon a violation of the reporting requirement by failing to submit
the January 2009 discharge monitoring report with the Division of Water Quality within the thirty(30)day reporting period.
Subsequent to your receipt of the penalty, you contacted me indicating you submitted the January 2009 discharge
monitoring report with other DMR reports submitted by your ORC.
On June 8, 2009, 1 received a faxed copy of the January 2009 DMR. The January 2009 DMR has been entered with a
notation.that it was received in a timely manner. Please send a hard copy as well to the DWQ Central Files to::complete
the submittal process.As a result, I have withdrawn the Civil penalty of$600.00, deleted LR-2009-0005 from.the DWQ
database, and removed it from our files. Please note that the January 2009 was received late and that during the next
one-year period ending January 2010, should a DMR be submitted late, a Civil penalty exactly like the penalty I have
deleted will be assessed.
You may request that during the timeframe that the facility is not discharging/operating, the submittal of a monthly DMR
be suspended.
I apologize for any inconvenience or trouble this may have caused you and the facility. If you have any questions about
this matter, please contact me at(919)807-6387.
Sincerely,
Bob Guerra
Western Region NPDES Unit
cc:_ Water Quality Lab & Operations
PO Box 1167
Banner Elk, North Carolina 28604
DWQ Asheville Surface Water Protection Supervisor
Central Files
1617 Mail Service Center,Raleigh,North Carolina 27699-1617
Location:512 N.Salisbury St.Raleigh,North Carolina 27604 One
Phone:919-807-63871 FAX:919.807-64951 Customer Service:1-877-623-6748 NOrthCarohna
Internet:www.ricwaterquality.org �
An Equal Opportunity\Affirmative Action Employer Na,tu`ally
A''
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H.Sullins Dee Freeman
Governor Director _.....,_....._._.........___..__.. .,._._.._..,. m Secretary.
D ,
April 7, 2009 - I
APR 5 2009
CERTIFIED MAIL 7003 0500 0002 6819 4283
RETURN RECEIPT REQUESTED WATER QUALITY SECTION
ASHEVILI_E n!"GIONAL.OFFICE
Mr. Sam Cook -a _,.n...M _
Micaville Loop, LLC
PO Box 180
Micaville, NC 28755
Subject: Assessment of Civil Penalty for Violations of Reporting Requirements Micaville Loop WWTP
NPDES Permit NCO023566
Case Number LR-2009-0005 --(fie&,a e&ed
Yancey County
Dear Mr. Cook:
This letter transmits notice of a civil penalty assessed against the Micaville Loop WWTP in the amount of$600.00
($500.00 civil penalty+$100.00 in enforcement costs).The January 2009 Discharge Monitoring Report(DMR)was not
filed with the Division of Water Quality within the thirty(30)day reporting period in accordance with the monitoring and
reporting requirements contained in your NPDES permit.
This assessment is based upon the following facts: On August 21, 2008, a letter was mailed to you (see attached) stating
that Enforcement case LR-2008-0010 had been retracted and the civil penalty of$600.00 was also retracted.Within this
letter was the following statement, "Please note that the May2008 DMR was received late and that during the next
one-year period ending May 2009, should a DMR be submitted late,a civil penalty exactly like the penalty 1 have
deleted will be assessed."
Based upon the above facts, I conclude as a matter of law that the Micaville Loop WWTP violated or failed to act in
accordance with the requirements of NPDES Permit NCO023566 and G.S. 143-215.65. A civil penalty of not more than
$25,000.00 per violation may be assessed against a person who fails to file, submit, or make available any documents,
data, or reports required by G.S. 143-215.65. The State's enforcement costs in this matter may be assessed pursuant to
G.S. 143-215.3(a)(9) and G.S. 143-282.1(b)(8).
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 Micaville Loop WWTP:
i
$ $500.00 for failing to submit the January 2009 DMR as required by NPDES Permit NC0023566
and G.S. 143-215.65.
$ $100.00 Investigation Costs
$ $600.00 TOTAL AMOUNT DUE
Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty, I have taken into account the Findings of Facts
and Conclusions of Law and have considered each and every specific factor set out in G.S. 14313-282.1(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. 14313-282.1(b)were wrongfully
applied to the detriment of the petitioner;
(b) the violator promptly abated continuing environmental damage resulting from the violation;
t i
(c) the violation was inadvertent or a result of an accident;
(d) the violator had been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions.
Please submit this information to the attention of:
Point Source Branch
Division of Water Quality
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
Please note that all information presented in support of a request for remission must be submitted in
writing. The Director of the Division of Water Quality will review the information during a bimonthly
enforcement conference and inform you of his decision in the matter of the remission request. His
response will provide details regarding case status, directions for payment and provision for further
appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty
Remissions. Please be advised that the Committee cannot consider information that was not part of the
original remission request considered by the Director and therefore, it is very important that you prepare a
complete and thorough statement in support of your request for remission.
OR
3. Submit a written request for an administrative hearing:
If you wish to contest any statement in this assessment letter, you must request an administrative hearing.
This request must be in the form of a written petition to the Office of Administrative Hearings and must
conform to Chapter 150B of the North Carolina General Statutes. You must:
File your original petition with the
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, North Carolina 27699-6714
and
Mail or hand-deliver a copy of the petition to
General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, North Carolina 27699-1601
Please indicate the case number(as found on page one of this letter) on the petition.
Failure to exercise one of the options above within thirty days as evidenced by a date stamp (not a postmark) indicating
when we received your response, will result in this matter being referred to the Attorney General's Office with a request to
initiate a civil action to collect the penalty. Please be advised that additional assessments may be levied for violations that
occur after the review period of this assessment.
If you have any questions concerning this matter, please contact Mr. Bob Guerra at(919) 807-6387.
Sincer y,
To Belnick, Supervisor
Western NPDES Program
Attachments
cc:' ARO Surface Water Protection w/attachments
Enforcement File w/attachments
Central Files w/attachments
JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: LR-2009-0005 County: Yancey
Assessed Party: Micaville Loop WWTP
Permit Number: NCO023566 Amount Assessed: $600.00
Please use this form when requesting remission of this civil penalty. You must also complete the
"Request For Remission Waiver oRight to an Administrative Hearing, and Stipulation 'of
Facts" form to request remission of this civil penalty. You should attach any documents that
you believe support your request and are necessary for the Director to consider in evaluating
your request for remission. Please be aware that a request for remission is limited to
consideration of the five factors listed below as they may relate to the reasonableness of the
amount of the civil penalty assessed. Requesting remission is not the proper procedure for
contesting whether the violation(s) occurred or the accuracy of any of the factual statements,
contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 143B-282.1(c),:
remission of a civil penalty may be granted only when one or more of the following five factors
applies. Please check each factor that you believe applies to your case and provide a detailed
explanation, including copies of supporting documents, as to why the factor applies (attach
additional pages as needed).
(a) one or more of the civil penalty assessment factors in N.C.G.S. 143B-282.1(b)
were wrongfully applied to the detriment of the petitioner (the assessment factors are listed,in
the civil penalty assessment document);
(b) the violator promptly abated continuing environmental damage resulting from the
violation (i.e., explain the steps that you took to correct the violation and prevent future
occurrences);
(c) the violation was inadvertent or a result of an accident (i.e., explain why the
violation was unavoidable or something you could not prevent or prepare for);
(d) the violator had not been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining necessary.
remedial actions (i.e., explain how payment of the civil penalty will prevent you from performing
the activities necessary to achieve compliance).
EXPLANATION:
W A TF9Q � , Michael F.Easley,Governor
William G.Ross Jr.,Secretary
[ North Carolina Department of Environment and Natural Resources
--I
Coleen H.Sullins,Director
Division of Water Quality
August 21,2008
Mr. Sam Cook
Taylor Togs,Inc.
PO Box 180
Micaville,NC-28755
Subject: Retraction of Case Number LR-2008-0010
Taylor Togs WWTP NCO023566
Yancey County
Dear Mr. Cook:
On July 30, 2008, enforcement action LR-2008-0010 was issued against Taylor Togs WWTP NCO023566 with a civil
penalty of$600.00.The enforcement action was based upon a violation of the reporting requirement by failing to submit
the May 2008 discharge monitoring report with the Division of Water Quality within the thirty(30)day reporting period.
Subsequent to your receipt of the penalty, you contacted me indicating you submitted the April 2008 discharge monitoring
report but mistakenly dated the report as January 2008.
On 8-19-2008, 1 received a faxed copy of the April 2008 amended DMR with the correct date of April.The DMR has been
entered with a notation that it was received in a timely manner.Please send a hard copy as well to the DWQ Central Files
to complete the submittal process.As a result, I have withdrawn the Civil penalty of$600.00,deleted LR-2008-0010 from
the DWQ database, and removed it from our files. Please note that the May 2008 DMR was received late and that during
the next one-year period ending May 2009,should a DMR be submitted late, a Civil penalty exactly like the penalty I have
deleted will be assessed.
You may request that during the timeframe that the facility is not discharging/operating,the submittal of a monthly DMR
be suspended.
apologize for any inconvenience or trouble this may have caused you and the facility. If you have any questions about
this matter, please contact me at(919) 807-6387.
Sincerely,
Bob Guerra
Western Region NPDES Unit s
cc: DWQ Asheville Surface Water Protection Supervisor p ° E,
Central Files
AUG 2 7 2008
WATER QUALITY SEC"PION
ASHEVILLE REGIONAL ICE
. _ ..._�_. arZina
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/101/6 Post Consumer Paper
,pF W A Zll Q C / l Michael F.Easley,Governor
William G.Ross Jr.,Secretary
M 6 co r North Carolina Department of Environment and Natural Resources
Q 'C Coleen H.Sullins,Director
Di..yision.of Water Quality
C� C
July 30, 2008
CERTIFIED MAIL 7007 0710 0000 5376 7570
RETURN RECEIPT REQUESTED lal..1� . AUG 7 2008
Mr. Sam Cook E
Taylor Togs, Inc. t r sECrION
PO Box 180 icy OFFfOE
__..._.....,..__s._.
Micaville, NC 28755
Subject: Assessment of Civil Penalty for Violations of Reporting Requirements
Taylor Togs WWTP
NPDES Permit NCO023566
Case Number LR-2008-0010
Yancey County
Dear Mr. Cook:
This letter transmits notice of a civil penalty assessed against the Taylor Togs WWTP in the amount of$600.00
($500.00 civil penalty+$100.00 in enforcement costs).
This assessment is based upon the following facts: A Notice of Violation (NOV-2008-LR-0037)was sent to you
dated June 26, 2008 for failure to submit the April 2008 discharge monitoring report(DMR) no later than the
thirtieth (30t) day following the reporting period.Within said Notice, you were informed that future reports not
received within the required timeframe would result in a recommendation for assessment of civil penalties. As of
this date,the April 2008 DMR has not been received.The May 2008 DMR was not filed with the Division of Water
Quality within the thirty (30) day reporting period in accordance with the monitoring and reporting requirements
contained in your NPDES permit.
Based upon the above facts, I conclude as a matter of law that the Taylor Togs WWTP violated or failed to act in
accordance with the requirements of NPDES Permit NCO023566 and G.S. 143-215.65. A civil penalty of not more
than $25,000.00 per violation may be assessed against a person who fails to file, submit, or make available any
documents, data, or reports required by G.S. 143-215.65. The State's enforcement costs in this matter may be
assessed pursuant to G.S. 143-215.3(a)(9) and G.S. 143-282.1(b)(8).
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 Northview Mobile Home Park WWTP:
$ $500.00 for failing to submit the May 2008 DMR as required by NPDES Permit
NCO023566 and G.S. 143-215.65.
$ $100.00 Investigation Costs
$ $600.00 TOTAL AMOUNT DUE
WPN'hCarolina
)Vaturvll6f
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
Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty, I have taken into account the Findings of
Facts and Conclusions of Law and have considered each and every specific factor set out in G.S. 143B-282.1(b),
which are:
(1) The degree and extent of harm to the natural resources of the State,to public health, or to private property
resulting from the violation;
(2) The duration and gravity of the violation; '
(3) The effect on the ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to.comply with programs over which the Environmental
Management Commission has regulatory authority; and
(8) The cost to the State of the enforcement procedures.
Within thirty days of receipt of this notice, you must do one of the following:
1. Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environment and Natural
Resources (do not include waiver form). Payment of the penalty will not foreclose further
enforcement action for any continuing or new violation(s).
Please submit payment to the attention of:
Point Source Branch
Division of Water Quality
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
OR
2. Submit a written request for remission or mitigation including a detailed justification for
such request.
A request for remission or mitigation is limited to consideration of the reasonableness of the
amount of the penalty and is not the proper procedure for contesting the.accuracy of any of the
statements contained in the assessment letter. Because a remission request forecloses the option
of an administrative hearing,such a request must be accompanied by a waiver of your right to an
administrative hearing and a stipulation that there are no factual or legal issues in dispute. You
must execute and return to this office the attached waiver and stipulation form and a detailed
statement, which you believe establishes whether:
(a) one or more of the civil penalty assessment factors in G.S. 143B-282.1(b)were
wrongfully applied to the detriment of the petitioner;
(b) the violator promptly abated continuing environmental damage resulting from the
violation;
(c) the violation was inadvertent or a result of an accident;
(d) the violator had been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining necessary remedial
actions.
Please submit this information to the attention of:
Point Source Branch
Division of Water Quality
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
i
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 the days as evidenced by a date stamp (not a postmark)
indicating when we received your response, will result in this matter being referred to the Attorney General's
Office with a request to initiate a civil action to collect the penalty. Please be advised that additional assessments
may be levied for violations that occur after the review period of this assessment.
If you have any questions concerning this matter, please contact Mr. Bob Guerra at (919) 807-6387.
Since ly
Su an A.Wilson, P.E.,'Supervisor
Western NPDES Program
Attachments
cc: ARO Surface Water Protection w/attachments h
Enforcement File w/attachments
Central Files w/attachments
JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: LR-2008-0010 County: Yancey
Assessed Party: Taylor.Togs WWTP
Permit Number: NC0023566 Amount Assessed: $600.00
Please use this form when requesting remission of this civil penalty. You must also complete the
"Request For Remission Waiver of Right to an Administrative Hearing, and Stipulation of
Facts" form to request remission of this civil penalty. You should attach any documents that
you believe support your request and are necessary for the Director to consider in evaluating
your request for remission. Please be aware that a request for remission is limited to
consideration of the five factors listed below as they may relate to the reasonableness of the
amount of the civil penalty assessed. Requesting remission is not the proper procedure for
contesting whether the violation(s) occurred or the accuracy of any of the factual statements
contained in the civil.penalty assessment document. Pursuant to N.C.G.S. § 143B-282.1(c),
remission of a civil penalty may be granted only when one or more of the following five factors
applies. Please check each factor that you believe applies to your case and provide a detailed
explanation, including copies of supporting documents, as to why the .factor applies (attach,
additional pages as needed).
(a) one or more of the civil penalty assessment factors in N.C.G.S. 143B-282.1(b)
were wrongfully Mplied to the detriment of the petitioner (the assessment factors are listed in
the civil penalty assessment document);
(b) the violator promptly abated continuing_environmental damage resulting from the
violation (i.e., explain the steps that you took to correct the violation and prevent future
occurrences);
(c) the violation was inadvertent or a result of an accident (i.e., explain why the
violation was unavoidable or something you could not prevent or prepare for);
(d) the violator had not been assessed civil penalties for any previous violations;
_ (e) payment of the civil penaltyprevent 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:
DIVISION OF WATER QUALITY-CIVIL PENALTY ASSESSMENT
Violator: Taylor Toes Inc.
County: Yance
Case Number: LR-2008-0010
ASSESSMENT FACTORS
1) The degree and extent of harm to thb natural resources of the State,to the public health,or
to private property resulting from the violation;
2) The duration and gravity of the violation;
3) The effect on ground or surface water quantity or quality or on air quality;
4) The cost.of rectifying the damage;
5) The amount of money saved by noncompliance;
6) Whether the violation was committed willfully or intentionally;
7) The prior record of the violator in complying or failing to comply with programs over
which the Environmental Management Commission has regulatory authority; and
8) The cost to the State of the enforcement procedures.
The assessment factors listed above were considered. However,since this case pertains to the
X non-submittal of required information,impacts are unknown.
Date Su an A.Wilson,P.E.
W A TF
\OQ 9pG Michael F.Easley,Governor�
y William G.Ross Jr.,Secretary
North Carolina Department of Environment and Natural Resources
--I
Coleen H.Sullins,Director
Division of Water Quality
June 26,2008
C
CERTIFIED MAIL 7007 0710 0000 5376 7563 l I J U N 0 U 2008
RETURN RECEIPT REQUESTED
WATER(QUALITY St=GTION
Mr. Sam Cook AM -E IO.NA
' OFFICE
Taylor Togs, Inc, V
PO Box 180
Micaville, NC 28755
Subject: NOTICE OF VIOLATION- NOV-2008-LR-0037
Taylor Togs WWTP—NCO023566
Yancey County
Dear Mr. Cook:
This is to inform you that the Division of Water Quality has not received your monthly monitoring report for April
2008 after the required reporting date.This is in violation of Part 11, 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 (30")
day following the reporting.period. Failure to submit reports as required will subject the violator to the assessment
of a civil penalty of up to $25,000 per violation. You will be considered noncompliant with the self-monitoring
requirements of your NPDES permit until the report has been submitted.
Please submit the April 2008 DMR report within 15 days of receipt of this notice if you have not yet
submitted it.To prevent further action, please submit future monthly reports within the above-mentioned
timeframe to avoid further enforcement actions.You are also required to notify the Division each time mailing or
phone numbers are changed which relate to your NPDES permit.
The Division must take these steps because timely submittal of discharge monitoring reports is essential to the
efficient operation of our water quality programs. We appreciate your assistance in this matter. If you have any questions
about this letter or Discharge Monitoring Reports, please contact me at 919-733-5083, extension 539.
Sincerely,
Bob Guerra
Western Region NPDES Unit
cc: ARO -Surface Water Protection Supervisor
Enforcement file
Central Files
One
Nor hCarolJina
)Vaturlllb(
North Carolina Division of Water Quality 1617 Mail Service Center Raleigh,NC 27699-1617 Phone(919)733-5083 Customer Service
Internet: h2o.enr.state.nc.us 512 N.Salisbury St. Raleigh,NC 27604 FAX (919)733-0719 1-877-623-6748
An Equal Opportunity/Affirmative Action Employer—50%Recycled/10%Post Consumer Paper
Water Quality Lab& Operations, Inc.
PO Box 1167, Banner Elk, NC,28604
Phone: 828-898-6277 Fax: 828-898-6255
Taylor Togs
NPDES # NCO023566 �-__ ` - ;
Sam Cook y
PO Box 180
Micaville, NC 28755 If
Here is your ANNUAL WASTEWATER TREATMENT REPORT(AWTR) along with
a sample letter that you may send to your customers if you like. e You may rewrite thh
sample letter to say what you wish to your customers. Please fill out the bold text the
sample letter if you wish to use it.
A copy of the AWTR has been sent to the state, so you may not modify the AWTR.
Thank you for letting us be of service to you, if you have any questions about the AWTR
feel free to call me at(828) 898-6277. Thank you again for your time.
Sincerely,
Paul Isenhour E
Laboratory Supervisor ,a� c
Al °� � J 2008
Water Quality Q y Lab & Operations, Inc. E
i 1
WATER( U\l I I '
I
1V)ei
Annual Wastewater Treatment Plant Report
Taylor Togs
NPDES M NC0023566 i
Date: 2/13/08
APR 1 U 2008
We are pleased to present to you this year's Annual Wastewater Treatment Plant Report.
This report is designed to inform you about the quality of the wastewater we discharge to
the receiving waters every day. Our constant goal is to-protect the environmental waters
of North Carolina. We want you to understand the efforts we make to continually
improve the wastewater treatment process and protect our water resources. We are
committed to ensuring the quality of the receiving waters that we discharge to.
If you have any questions about this report or concerning your,wastewater utility,please
contact Paul Isenhour at (828) 898-6277. We want our valued customers to be informed
about their wastewater utility.
Let us first take this opportunity to give you a brief description of a Wastewater
Treatment Plant. The waters that go down the drain, follow many different pipes, and
ends up at the treatment plant. The wastewater goes through a bar screen that stops large
particles that are present(i.e.,rags and papers). The water then goes to an aeration basin
where air is pumped into the water. This air supplies oxygen to bacteria that feed on the
solids that are in the water. The water then goes to the clarifier where the solids settle out.
The solids are pumped back to.the aeration basin to give the bacteria a second chance to
feed. When there are too many solids in the plant, some of the solids are pumped to a
digester tank. In the digester, the bacteria have more time to feed on and reduce the
solids'volume. When the digester gets full, the solids are pumped from the tank and
taken to a larger facility. The clear water from the clarifier then goes to a tank for
disinfection. The two most prominent ways to disinfect the wastewater are chlorine and
ultraviolet light. Chlorine can be used as a gas or in solid tablet form. When chlorine is
used,there is generally a dechlorinating agent use to remove any excess chlorine from the
wastewater before it goes to the receiving water. When ultraviolet light (UV) is used, the
wastewater flows around the UV bulbs. Bacteria can not live when exposed to UV light,
so as the water passes the UV bulbs, the water in disinfected. Finally, after disinfection,
the treated wastewater goes into the receiving waters.
PERFORMANCE
The treatment plant did very well last year. However, we had one daily non-compliance
for fecal coliform in January and June. Both times the chlorine was adjusted and the next
samples were compliant.
NOTIFICATION
This annual report has been sent to the North Carolina Division of Water Quality and to
the owner of the wastewater system. The wastewater system owner has also been given a
letter that they can easily distribute to all their customers. The letter will inform the
customers that the annual report is available upon request to the owner of the system.
CERTIFICATION
I certify under penalty of law that this report is complete and accurate to the best of my
knowledge. I further certify that this report has been made available to the users or
customers of the named system and that those users have been notified of its availability
as per the NOTIFICATION section above.
0-aul Isenhour Date
Laboratory Supervisor
Water Quality Lab & Operations, Inc.
Name of Wastewater System
NPDES# NC0000000
address
city, NC zip
Wastewater system customer
address
city, NC zip
SUBJECT: ANNUAL WASTEWATER TREATMENT REPORT
Dear wastewater customer,
The ANNUAL WASTEWATER TREATMENT REPORT(AWTR) is
completed! The AWTR is a report that lets us, the wastewater treatment provider, tell
you, the user, what has been happening with our wastewater plant in the past year(2006).
In the AWTR,we give you a brief description of the treatment plant, if we had any
violations, and what was done about any violations. If you would like to have a copy of
the AWTR,please call or come by our office, and we will give one to you.
Thank you for your time and if you have any questions, feel free to call our office
at 888-888-8888.
Michael F.Easley, Governor
1 WA T� �;' '' I i William G. Ross Jr.,Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
Asheville Regional Office
SURFACE WATER PROTECTION SECTION
October 16, 2007
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7005 1820 0002 9207 4717
Mr. Grier A. Lackey
Taylor Togs Inc.
PO Box 180
Micaville, NC 28755
Subject: NOTICE OF VIOLATION
NOV-2007-LV-0495
7005 1820 0002 9207 177.E
N O >
n -p Ohl .
Dear Mr. Lackey:
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North Carolina Division of Water Quality 2090 US Hwy 70 Swannanoa,NC, c
Internet: www.ncwaterguality.org ❑. (3[ 013
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Mr. Grier A. Lackey
Taylor Togs Inc.
Octo , 2007 - - - --.-.
Page 2 of 2
Remedial Actions:
Remedial actions, if not already implemented, should be taken to correct any problem(s). The
permittee or operator is required to submit comments regarding noncompliance on the relevant
monthly discharge monitoring report (DMR). If the comments provided an adequate explanation for
the subject violation, it is not necessary to submit any further response.
However, if corrective actions taken were not provided on the DMR or if you have additional
comments or information concerning the violation(s), please submit them to Wanda Frazier of this
office.
Technical Assistance:
The Asheville Regional Office has a Wastewater Treatment Plant Consultant available for technical
assistance to wastewater treatment plants (WWTP) and collection systems with operational
concerns. This service is free and non-regulatory to assist in the identification and correction of
operational problems. This service can be utilized for optimization of the operation of WWTPs and
collection systems. Should you have questions about this service, please contact Don Price at 828-
296-4500 extension 4656.
Special Order By Consent:
The Division of Water Quality may pursue enforcement actions for this and any additional
violations. If the violations are of a continuing nature and not related to operation and / or
maintenance problems, you may apply for a Special Order by Consent (SOC). To be eligible, you
will be required to take corrective actions while implementing construction activities and pay a
stipulated upfront civil penalty. You may contact Keith Haynes of this office for SOC additional
information.
If you should have any questions, please do not hesitate to contact me or Wanda Frazier in the
Asheville Regional office at 828-296-4500.
Sincerely,
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
cc: Jadd Brewer, WQ Services
Bob Guerra, Western NPDES Point Source Compliance Enforcement
DWQ Central Files
Asheville Regional Office facility files
.• -'` d'4r,5ka4flityt4d'mv`wnramupxrrxeuw+aorH �'
F\NA�� `, *� Michael F. Easley, Governor
Lr William G:Ross Jr.,Secretary
rt =aYdlina Department of Environment and Natural Resources
Coleen H. Sullins,Director
C Division of Water Quality
Asheville Regional Office
SURFACE WATER PROTECTION SECTION
October 2, 2007
Mr. Grier A. Lackey
Taylor Togs Inc.
PO Box 180
Micaville. NC 28755
SUBJECT: Compliance Evaluation Inspection
Taylor Togs Inc. WWTP
Permit No: NCO023566
Yancey County
Dear Mr. Lackey:
Enclosed please find a copy of the Compliance Evaluation Inspection form from the
inspection conducted on September 27, 2007. The facility was found to be in compliance with
permit NC0023566.
Please refer to the enclosed inspection report for additional observations and comments.
If you or your staff have any questions, please call me at 828-296-4500 extension 4662.
Sincerely,
Wanda P. Frazier
Environmental Specialist
Enclosure
cc: Jadd Brewer/ John Austin, ORC
Central Files
Asheville Files
on On
e
2090 US Hwy 70, Swannanoa, NC 28778 Telephone: (828)296-4500 Fax: (828)299-7043 Customer Service 1-877-623-6748
United States Environmental Protection Agency Form Approved.
EPA Washington,D.C.20460 OMB No.2040-0057
Water Compliance Inspection 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 NCO023566 111 121 07/09/27 117 181 CI 191 sI 20I
Remarks
211IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII6
Inspection Work Days Facility Self-Monitoring Evaluation Rating 61 QA ---------------•---------•Reserved----------------------
67 I 1.0 169 70131 711 I 72I N I 73 L I ( 74 75I I I I I I I 180
Section B: Facility Data �J
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)
Taylor Togs WWTP 12:10 PM 07/09/27 06/03/01
US Hwy 19e nc Hwy 8 Exit Time/Date Permit Expiration Date
Micaville NC 28755
12:40 PM, 07/09/27 11/02/28
Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data
John Franklin Austin/ORC/828-898-6277/
Name,Address of Responsible Official/Title/Phone and Fax Number
Co
Grier A Lackey,PO Box 180 Micaville NC 28755//828-675-4153/828675 602aCted
No
Section C: Areas Evaluated During Inspection (Check only those areas evaluated)
Permit Operations&Maintenance ®Records/Reports ■Self-Monitoring Program
Facility Site Review Effluent/Receiving Waters
Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary)
(See attachment summary)
Name(s)and Signature(s)of Inspector(s) ��Tj,5)Agency/Office/Phone and Fax Numbers Date
Wanda P Frazier ARO WQ//828-296-4500 Ext.4662/
'All
Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date
EPA For 3560-3(Rev 9-94)Previous editions are obsolete.
Page# 1
NPDES yr/mo/day Inspection Type (cont. 1
-- -- 3 I-- —NCO 0 2 3-5T6 111 12 I___U5-/T5-/�T_ -L_17 1$I c�
- -- - - - —
Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary)
Treatment Units/ Process Control Testing / Effluent Data:
The activated sludge aeration basin process control data was as follows:
Temperature= 21.7 degrees Celcius
pH = 7.2 units
Dissolved Oxygen = 5.0 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 = 200 ml/I = 20%
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, unless
the sludge is too young.
The effluent data was as follows:
Dissolved Oxygen = 7.1 mg/I
pH = 7.2 units
Temperature = 19.8 degrees Celcius
Chlorine = <15 ug/I
Records & Reports:
A review of the files indicates that the last compliance evaluation inspection was
conducted on 3-16-2006 by Larry Frost.
The permit expires on 2-28-2011. Please request a permit renewal 6 months prior to
expiration. A renewal notice will be mailed as a reminder.
The Annual Performance Report has been filed for the year and was on-site, along with a
complete copy of the current permit.
Page# 2
Permit: NCO023566 Owner-Facility: Taylor Togs WWTP
Inspection Date: 09/27/2007 Inspection Type: Compliance Evaluation
The log book was present on-site and had good notation of daily events.
Operations & Maintenance/Summary:
The effluent appeared to be clear, indicating compliance with permit limits.
This facility appears to be well operated and maintained.
The operator was on-site during the inspection and is doing a good job.
Page# 3
Permit: NCO023566 Owner-Facility: Taylor Togs WWTP
_Inspection Date: 09/27/2007 ___ Inspection Tvpe: Compliance Evaluation
Permit Yes No NA NE
(If the present permit expires in 6 months or less). Has the permittee submitted a new application? ❑ 0 ■ ❑
Is the facility as described in the permit? ■ ❑ ❑ ❑
#Are there any special conditions for the permit? n ■ ❑ ❑
Is access to the plant site restricted to the general public? ■ ❑ ❑ ❑
Is the inspector granted access to all areas for inspection? ■ ❑ ❑ ❑
Comment:
Bar Screens Yes No NA NE
Type of bar screen
a.Manual ■
b.Mechanical n
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:
Aeration Basins Yes No NA NE
Mode of operation Ext.Air.
Type of aeration system Diffused
Is the basin free of dead spots? ■ ❑ n ❑
Are surface aerators and mixers operational? ❑ ❑ ■ ❑
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? ■ n n n
Is the DO level acceptable?(1.0 to 3.0 mg/I) ■ ❑ ❑ ❑
Comment:
Secondary Clarifier Yes No NA NE
Is the clarifier free of black and odorous wastewater? ■ ❑ ❑ ❑
Is the site free of excessive buildup of solids in center well of circular clarifier? ❑ ❑ ■ ❑
Are weirs level? ■ ❑ ❑ ❑
Page# 4
Permit: NCO023566 Owner-Facility: Taylor Togs WWTP
Inspection Date: 09/27/2007 Inspection Type: Compliance Evaluation
Secondary Clarifier Yes No NA NE
Is the site free of weir blockage? ■ ❑ ❑ ❑
Is the site free of evidence of short-circuiting? ■ ❑ ❑ ❑
Is scum removal adequate? ■ n n n
Is the site free of excessive floating sludge? ■ ❑ ❑ Cl
Is the drive unit operational? Cl ❑ ■ ❑
Is the return rate acceptable(low turbulence)? ■ ❑ ❑ ❑
Is the overflow clear of excessive solids/pin floc? ■ ❑ ❑ ❑
Is the sludge blanket level acceptable?(Approximately%of the sidewall depth) ■ n n ❑
Comment:
Disinfection-Tablet Yes No NA NE
Are tablet chlorinators operational? ■ ❑ n ❑
Are the tablets the proper size and type? ■ ❑ ❑ ❑
Number of tubes in use? 2
Is the level of chlorine residual acceptable? ■ ❑ ❑ ❑
Is the contact chamber free of growth,or sludge buildup? ■ ❑ ❑ ❑
Is there chlorine residual prior to de-chlorination? ■ ❑ ❑ ❑
Comment:
De-chlorination Yes No NA NE
Type of system? Tablet
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? 2
Comment:
Operations & Maintenance Yes No NA NE
Is the plant generally clean with acceptable housekeeping? ® ❑ ❑ ❑
Page# 5
Permit: N00023566 Owner-Facility: Taylor Togs WWTP
Inspection Date: 09/27/2007 Inspectiope: Compliance Evaluation
Operations & Maintenance Yes No NA NE
Does the facility analyze process control parameters,for ex: MLSS, MCRT,Settleable Solids, pH, DO, Sludge ■ ❑ ❑ ❑
Judge,and other that are applicable?
Comment:
Effluent Sampling Yes No NA NE
Is composite sampling flow proportional? ❑ ❑ ■ ❑
Is sample collected below.all treatment units? ■ ❑ ❑ ❑
Is proper volume collected? ■ ❑ ❑ ❑
Is the tubing clean? ❑ ❑ ■ ❑
Is proper temperature set for sample storage(kept at 1.0 to 4.4 degrees Celsius)? ■ ❑ ❑ ❑
Is the facility sampling performed as required by the permit(frequency,sampling type representative)? ■ 1-1 ❑ ❑
Comment:
Effluent Pipe Yes .No NA NE
Is right of way to the outfall properly maintained? ■ ❑ ❑ ❑
Are the receiving water free of foam other than trace amounts and other debris? ■ ❑ ❑ ❑
If effluent (diffuser pipes are required) are they operating properly? ❑ ❑ ■ ❑
Comment:
Page# 6
VVATF Michael F. Easley, Governor
�O� • "s' q William G. Ross Jr., Secretary
ry Qp North Carolina Department of Environment and Natural Resources
r" Coleen H. Sullins, Director
Division of Water Quality
x� Asheville Regional Office
. .,T!qT';JkL^:':a,r'"39r.,Va7nYC:"^i'a<.N•.•3;(:�..v^i'4.!^�^�Fiw.Vis..
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SURFACE WATER PROTECTION SECTIONF
June 6, 2007 ,..,v.„v�._�.�..,.,._,,...r.,,, ...,....
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7006 3450 0002 7064 7887
Mr. Grier A. Lackey
Taylor Togs Inc.
PO Box 180
Micaville, NC 28755
Subject: NOTICE OF VIOLATION
NOV-2007-LV-0308
Permit No. NCO023566
Taylor Togs WWTP
Yancey County
Dear Mr. Lackey:
A review of Taylor Togs WWTP's monitoring report for January 2007 showed the
following violation:
Parameter Date Limit Value Reported Value Limit Type
Fecal Coliform, 01/29/07 400 3,600 Daily Maximum
Membrane Filter, colonies colonies per Exceeded
M-FC Broth @ per 100 ml 100 nil
44.5 degrees Celcius
One
�lltllClr��f
orth Carolina Division of Water Quality 2090 US Hwy 70; Swannanoa, NC 28778 Phone(828)296-4500
Internet: wvvw.ncwater__ quality•oLq Customer Service 1-877-623-6748 FAX (828)299-7043
Mr. Grier A. Lackey
Taylor Togs--Ins - --- - - _ -
June 6, 2007
Page 2 of 2
Remedial Actions:
Remedial actions, if not already implemented, should be taken to correct any problem(s). The
permittee or operator is required to submit comments regarding noncompliance on the relevant
monthly discharge monitoring report(DMR). If the comments provided an adequate explanation for
the subject violation, it is not necessary to submit any further response.
However, if corrective actions taken were not provided on the DMR or if you have additional
comments or information concerning the violation(s), please submit them to Wanda Frazier of this
office.
Technical Assistance:
The Asheville Regional Office has a Wastewater Treatment Plant Consultant available fortechnical
assistance to wastewater treatment plants (WWTP) and collection systems with operational
concerns. This service is free and non-regulatory to assist in the identification and correction of
operational problems. This service can be utilized for optimization of the operation of WWTPs and
collection systems. Should you have questions about this service, please contact Don Price at 828-
296-4500 extension 4656.
Special Order By Consent:
The Division of Water Quality may pursue enforcement actions for this and any additional
violations. If the violations are of a continuing nature and not related to operation and / or
maintenance problems, you may apply for a Special Order by Consent (SOC). To be eligible, you
will be required to take corrective actions while implementing construction activities and pay a
stipulated upfront civil penalty. You may contact Jim Reid of this office for SOC additional
information.
If you should have any questions, please do not hesitate to contact me or Wanda Frazier in the
Asheville Regional office at 828-296-4500.
Sincerely,
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
cc: Bob Guerra, Western NPDES Point Source Compliance Enforcement
DWQ Central Files
Asheville Regional-Office-facility files:
Jadd Brewer, Water Quality Services
(71
ater Quality Lab and Operations,Inc.
P.O.Box 116711522 Tynecastle Highway
Banner Elk,NC 286o¢
Ph.828-898-6277 Fax 828-898-6255
I
I
lws' LI I I API 9 2007
l
i
�. .
April 1, 2007
Mr. Roger Edwards, Regional Supervisor
2090 U.S. Highway 70
Swannanoa, N.C. 28778
Phone (828) 296-4500
Fax (828) 299-7043
Dear Mr. Edwards,
Taylor Togs WWTP, Permit#NC0023566, exceeded the daily fecal
maximum on November 28, 2006. The chlorine was adjusted after
notification of the exceeded fecal. The samples taken after the adjustment
were reported under the daily limits. I feel the adjustment corrected the
problem.
If there are any questions concerning this matter arise, please feel free to
contact myself, Jadd Brewer, at Water Quality Lab. and Operations 828-898-
6277.
Thank you for your time and consideration on this matter.
Sincerely,
?. -0
Jd rewer
Operations Manager
Water Quality Lab and Operations, Inc.