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HomeMy WebLinkAboutNC0020460_Regional Office Physical File Scan Up To 10/2/2020NCD.ENR North Carolina Department of Environment=arYNatura� Rs�;a;a Division of Water Quality At Beverly Eaves Perdue Coleen H. Sullins -� Ij ��D e Fr emp Governor Director ` l5 E u cret°ry January 14, 2011 t JAN 24 2011 Mr. Charles F. Gay'. U.S. Forest Service.. �:_, . --_ --- �- WATE'R QUALITY SE ION 160-A'Zillicoa St ASHEVILLE REGIOMnL OFFICE z Asheville, N.C. 28801-1082 Dear Mr. Gay: Subject: Is ;trance of NPDk9•Permit"NC0020460 Transylvania County Division .personnel have reviewed and approved your application for renewal of the subject permit. Accordingly, we are forwarding the attached NPDES discharge permit. This permit is issued pursuant; to the requirements of North Carolina General Statute 143-215.1 and the Memorandum of Agreement between North Carolina and the U.S. Environmental Protection Agency dated October 15, 2007 (or as subsequently amended). This final permit includes no changes from the draft permit sent to you on November 10, 2010, apart from updates to the Supplement to Permit Cover Page. If any parts, measurement frequencies or sampling requirements contained in this permit are unacceptable to you, you have the right to an adjudicatory hearing upon written request within thirty (30) days following receipt of this letter. This request must be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings (6714 Mail Service Center, Raleigh, North Carolina 27699-6714). Unless such demand is made, this decision shall be final and binding. Please note that this permit is not transferable except after notice to the Division. The Division may require modification or revocation and reissuance of the permit. This permit does not affect the legal requirements to obtain other permits which may be required by the Division of Water Quality or permits required by the Division of Land Resources, the Coastal Area Management Act or any other Federal or Local governmental permit that may be required. If you have any questions concerning this permit, please contact Charles Weaver at telephone number (919) 807-6391. Sincerely, XColeen H. Sullins cc: Cent alFiles,�gl �:,:k - P Neville Re onal` Off`ie0g"ce Water Protection, NPDES Unit 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 512 North Salisbury Street, Raleigh, North Carolina 27604 Phone: 919 807-6300 / FAX 919 807-6495 / http://portal.ncdenr.org/web/wq An Equal Opportunity/Affirmative Action Employer-50% Recycled/10% Post Consumer Paper Nne orthCarolina "Naturally STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RI.,�. DIVISION OF WATER QUALITY PERMIT TO DISCHARGE WASTEWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provision of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, the U.S. Department of Agriculture ' (U.S. Forest Service), ` is hereby authorized to discharge wastewater from, a facility located at the Sliding Rock Recreation Area WVVTP U.S. Highway 276 north of Pisgah Forest Transylvania County to receiving waters designated as Looking Glass Creek in subbasin 04-03-03 of the French Broad River Basin in accordance with effluent limitations, monitoring requirements,. and other conditions set forth in Parts I, II, III and IV hereof. This permit shall become effective February 1, 2011. This permit and authorization to discharge shall expire at midnight on January 31, 2016: Signed this day January 14, 2011. ACo�leen H. Sullins, Director Division of Water Quality By Authority of the Environmental Management Commission Permit NCO020460 SUPPLEMENT TO PERMIT COVER SHEET An 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. The U.S. Department of Agriculture (U. S. Forest Service) is hereby authorized to: 1. Continue to operate an existing -0.005 MGD wastewater `treatment facility, that includes the following components: ♦ 5,000-gallon septic tank ♦ Distribution box [siphon bell removed] with filter [accessible via manhole] ♦ Sand filter [ca. 5100 ft2] with 4" diameter perforated PVC laterals ♦ Tablet chlorine disinfection ♦ Chlorine dissipation pond ♦ Tablet dechlorination ♦ Effluent gravity outfall This facility is located north of Pisgah Forest on U.S. Highway 276 at the Sliding Rock Recreation Area W VTP in Transylvania County. 2. Discharge from said treatment works at the location specified on the attached map into Looking Glass Creek, currently classified B-Trout HQW waters in hydrologic unit 06010105 of the French Broad River Basin. 4W D 1 iding Rock Recreation Area — NCO02046 USGS Quad Name: Shining Rock Latitude: Receiving Stream: Looking Glass Creek 35018'25" Stream Class: B-Trout HQW .... . Longitude: . Subbasin: French Broad — 04 03 03 82047'05" 1 RN y r r Facility Location + North Map not to SCALE Permit NC0020460 EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS During the period beginning on the effective date of this permit and lasting until expiration, the Permittee is authorized to discharge from outfall 001. Such discharges shall be limited and monitored by the Permittee as specified below: PARAMETER LIMITS MONITORING REQUIREMENTS [PCS code] Monthly Daily Measurement Sample Sample Average Maximum Frequency a Location Flow 50050 0.005 MGD Weekly Instantaneous Influent or Effluent BOD, 5-day (20°C) C0310 30.0 mg/L 45.0 mg/L 2/Month Grab Effluent Total Suspended Solids C0530 30.0 mg/L 45.0 mg/L 2/Month Grab Effluent NH3 as N C061 01 Monthly Grab Effluent , Total Residual Chlorine (TRC)' 28 pg/L 2/Month Grab Effluent 50060 Fecal Coliform (geometric mean) 200/100mL 400/100mL 2/Month Grab Effluent 31616 Temperature (°C) 00010 Weekly Grab Effluent pH 00400 > 6.0 and < 9.0 standard units — — 2/Month Grab Effluent Footnotes: 1. The facility shall report all effluent TRC values reported by a NC certified laboratory including field certified. However, effluent values below 50 µg/L will be treated as zero for compliance purposes. There shall be no discharge of floating solids or visible foam in other than trace amounts. e .0. 'DES Permit Standard Conditions Page 1 of 18 PART II STANDARD CONDITIONS FOR NPDES PERMITS Section A. Definitions 2/Month Samples are collected twice per month with at least ten calendar days between sampling events. These samples shall be representative of the wastewater discharged during the sample period. 3/Week Samples are collected three times per week on three separate calendar days. These samples shall be representative of the wastewater discharged during the sample period. Act or "the Act" The Federal Water Pollution Control Act, also known as the Clean Water Act (CWA), as amended, 33 USC 1251, et. seq. Annual Average The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar year. In the case of fecal coliform, the geometric mean of such discharges. Arithmetic Mean The summation of the individual values divided by the number of individual values. Bypass The known diversion of waste streams from any portion of a treatment facility including the collection system, which is not a designed or established or operating mode for the facility. Calendar Day The period from midnight of one day until midnight of the next day. However, for purposes of this permit, any consecutive 24-hour period that reasonably represents the calendar day may be used for sampling. Calendar Week The period from Sunday through the following Saturday. Calendar Quarter One of the following distinct periods: January through March, April through June, July through September, and October through December. Composite Sample A sample collected over a 24-hour period by continuous sampling or combining grab samples of at least 100 ml in such a manner as to result in a total sample representative of the wastewater discharge during the sample period. The Director may designate the most appropriate method (specific number and size of aliquots necessary, the time interval between grab samples, etc.) on a case -by -case basis. Samples may be collected manually or- automatically. Composite samples may be obtained by the following methods: (1) Continuous: a single, continuous sample collected over a 24-hour period proportional to the rate of flow. (2) Constant time/variable volume: a series of grab samples collected at equal time intervals over a 24 hour period of discharge and combined proportional to the rate of flow measured at the time of individual sample collection, or (3) Variable time/constant volume: a series of grab samples of equal volume collected over a 24 hour period with the time intervals between samples determined by a preset number of gallons passing the sampling point. Flow measurement between sample intervals shall be determined by use of a flow recorder and totalizer, and the preset gallon interval between sample collection fixed at no greater than 1/24 of the expected total daily flow at the treatment system, or (4) Constant time/constant volume: a series of grab samples of equal volume collected over a 24-hour period at a constant time interval. Use of this method requires prior approval by the Director. This method may Version 1012912010 JPDES Permit Standard only be used in situations where effluent flow rates vary less than 15 percent. The following also apply: ➢ Influent and effluent grab samples shall be of equal size and of no less than 100 milliliters ➢ Influent samples shall not be collected more than once per hour. ➢ Permittees with wastewater treatment systems whose detention time < 24 hours shall collect effluent grab samples at intervals of no greater than 20 minutes apart during any 24-hour period. ➢ Permittees with wastewater treatment systems whose detention time exceeds 24 hours shall collect effluent grab samples at least every six hours; there must be a minimum of four samples during a 24- hour sampling period. Continuous flow measurement Flow monitoring that occurs without interruption throughout the operating hours of the facility. Flow shall be monitored continually except for the infrequent times when there may be no flow or for infrequent maintenance activities on the flow device. Daily Discharge The discharge of a pollutant measured during a calendar day or any 24-hour period that reasonably represents the calendar day for purposes of sampling. For pollutants measured in units of mass, the "daily discharge" is calculated as the total mass of the pollutant discharged over the day. The "daily discharge" concentration comprises the mean concentration for a 24-hour sampling period as either a composite sample concentration or the arithmetic mean of all grab samples collected during that period. (40 CFR 122.2) Daily Maximum The highest "daily discharge" during the calendar month. Daily Sampling Parameters requiring daily sampling shall be sampled 5 out of every 7 days per week unless otherwise specified in the permit. Sampling shall be conducted on weekdays except where holidays or other disruptions of normal operations prevent weekday sampling. If sampling is required for all seven days of the week for any permit parameter(s), that requirement will be so noted on the Effluent Limitations and Monitoring Page(s). DWQ or "the Division" The Division of Water Quality, Department of Environment and Natural Resources. EMC The North Carolina Environmental Management Commission EPA The United States Environmental Protection Agency Facility Closure Cessation of all activities that require coverage under this NPDES permit. Completion of facility closure will allow this permit to be rescinded. Geometric Mean The Nth root of the product of the individual values where N = the number of individual values. For purposes of calculating the geometric mean, values of "0" (or "< [detection level]") shall be considered =1. Grab Sample Individual samples of at least 100 ml collected over a period of time not exceeding 15 minutes. Grab samples can be collected manually. Grab samples must be representative of the discharge (or the receiving stream, for instream samples). Hazardous Substance Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the CWA. Instantaneous flow measurement A measure of flow taken at the time of sampling, when both the sample and flow will be representative of the total discharge. Version 1012912010 'DES Permit Standard Conditions Page 3 of 18 y Average (concentration limit) thmetic mean of all "daily discharges" of a pollutant measured during the calendar month. In the case of liform, the geometric mean of such discharges. Permit Issuing Authority The Director of the Division of Water Quality. Quarterly Average (concentration limit) The average of all samples taken over a calendar quarter. Severe property damage Substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage excludes economic loss caused by delays in production. Toxic Pollutant: Any pollutant listed as toxic under Section 307(a)(1) of the CWA. Upset An incident beyond the reasonable control of the Permittee causing unintentional and temporary noncompliance with permit effluent limitations and/or monitoring requirements. An upset does not include noncompliance caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation. Weekly Average (concentration limit) The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar week. In the case of fecal coliform, the geometric mean of such discharges. Section B. General Conditions 1. Duty to Comply The Permittee must comply with all conditions of this permit. Any permit noncompliance constitutes a violation of the CWA and is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or denial of a permit renewal application [40 CFR 122.41]. a. The Permittee shall comply with effluent standards or prohibitions established under section 307(a) of the CWA for toxic pollutants and with standards for sewage sludge use or disposal established under section 405(d) of the CWA within the time provided in the regulations that establish these standards or prohibitions or standards for sewage sludge use or disposal, even if the permit has not yet been modified to incorporate the requirement. b. The CWA provides that any person who violates section[s] 301, 302, 306, 307, 308, 318 or 405 of the Act, or any permit condition or limitation implementing any such sections in a permit issued under section 402, or any requirement imposed in a pretreatment program approved under sections 402 (a) (3) or 402 (b) (8) of the Act, is subject to a civil penalty not to exceed $37,500 per day for each violation. [33 USC 1319 (d) and 40 CFR 122.41 (a) (2)] c. The CWA provides that any person who negligently violates sections 301, 302, 306, 307, 308, 318, or 405 of the Act, or any condition or limitation implementing any of such sections in a permit issued under section 402 of the Act, or any requirement imposed in a pretreatment program approved under section 402(a)(3) or 402(b)(8) of the Act, is subject to criminal penalties of $2,500 to $25,000 per day of violation, or imprisonment of not more than 1 year, or both. In the case of a second or subsequent conviction for a negligent violation, a person shall be subject to criminal penalties of not more than $50,000 per day of violation, or by imprisonment of not more than 2 years, or both. [33 USC 1319 (c) (1) and 40 CFR 122.41 (a) (2)] d. Any person who knowingly violates such sections, or such conditions or limitations is subject to criminal penalties of $5,000 to $50,000 per day of violation, or imprisonment for not more than 3 years, or both. In the case of a second or subsequent conviction for a knowing violation, a person shall be subject to criminal Version 1012912010 f. VPDES Permit Standard penalties of not more than $100,000 per day of violation, or imprisonment of not more than both. [33 USC 1319 (c) (2) and 40 CFR 122.41 (a) (2)] Any person who knozvingly 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)] Under state law, a civil penalty of not more than $25,000 per violation may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of a permit. [North Carolina General Statutes § 143-215.6A] g. Any person may be assessed an administrative penalty by the Administrator for violating section 301, 302, 306, 307, 308, 318 or 405 of this Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of this Act. Administrative penalties for Class I violations are not to exceed $16,000 per violation, with the maximum amount of any Class I penalty assessed not to exceed $37,500. Penalties for Class II violations are not to exceed $16,000 per day for each day during which the violation continues, with the maximum amount of any Class II penalty not to exceed $177,500. [33 USC 1319 (g) (2) and 40 CFR 122.41 (a) (3)] 2. Duty to Mitigate The Permittee shall take all reasonable steps to minimize or prevent any discharge or sludge use or disposal in violation of this permit with a reasonable likelihood of adversely affecting human health or the environment [40 CFR 122.41 (d)]. 3. Civil and Criminal Liability Except as provided in permit conditions. on 'Bypassing" (Part II. C. 4), "Upsets" (Part II. C. 5) and 'Power Failures" (Part II. C. 7), nothing in this permit shall be construed to relieve the Permittee from any responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3, 143-215.6 or Section 309 of the Federal Act, 33 USC 1319. Furthermore, the Permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 4. Oil and Hazardous Substance Liability Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the Permittee from any responsibilities, liabilities, or penalties to which the Permittee is or may be subject to under NCGS 143-215.75 et seq. or Section 311 of the Federal Act, 33 USG 1321. Furthermore, the Permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 5. Property Rights The issuance of this permit does not convey any property rights in either real or personal property, or any exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor any infringement of Federal, State or local laws or regulations [40 CFR 122.41 (g)]. 6. Onshore or Offshore Construction This permit does not authorize or approve the construction of any onshore or offshore physical structures or facilities or the undertaking of any work in any navigable waters. 7. Severability The provisions of this permit are severable. If any provision of this permit, or the application of any provision of this permit to any circumstances, is held invalid, the application of such provision to other circumstances, and the remainder of this permit, shall not be affected thereby [NCGS 15013-23]. Version 1012912010 'DES Permit Standard Conditions Page 5 of 18 y to Provide Information Permittee shall furnish to the Permit Issuing Authority, within a reasonable time, any information which _.� 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. Du!, to Reapply If the Permittee wishes to continue an activity regulated by this permit after the expiration date of this permit, the Permittee must apply for and obtain a new permit [40 CFR 122.41 (b)]. 10. Expiration of Permit The Permittee is not authorized to discharge after the expiration date. In order to receive automatic authorization to discharge beyond the expiration date, the Permittee shall submit such information, forms, and fees as are required by the agency authorized to issue permits no later than 180 days prior to the expiration date. Any Permittee that has not requested renewal at least 180 days prior to expiration, or any Permittee that does not have a permit after the expiration and has not requested renewal at least 180 days prior to expiration, will subject the Permittee to enforcement procedures as provided in NCGS 143-215.6 and 33 USC 1251 et. seq. 11. Signatory Requirements All applications, reports, or information submitted to the Permit Issuing Authority shall be signed and certified [40 CFR 122.41 (k)]. a. All permit applications shall be signed as follows: (1) For a corporation: by a responsible corporate officer. For the purpose of this Section, a responsible corporate officer means: (a) a president, secretary, treasurer or vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision making functions for the corporation, or (b) the manager of one or more manufacturing, production, or operating facilities, provided, the manager is authorized to make management decisions which govern the operation of the regulated facility including having the explicit or implicit duty of making major capital investment recommendations, and initiating and directing other comprehensive measures to assure long term environmental compliance with environmental laws and regulations; the manager can ensure that the necessary systems are established or actions taken to gather complete and accurate information for permit application requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures. (2) For a partnership or sole proprietorship: by a general partner or the proprietor, respectively; or (3) For a municipality, State, Federal, or other public agency: by either a principal executive officer or ranking elected official [40 CFR 122.22]. b. All reports required by the permit and other information requested by the Permit Issuing Authority shall be signed by a person described in paragraph a. above or by a duly authorized representative of that person. A person is a duly authorized representative only if: (1) The authorization is made in writing by a person described above; (2) The authorization specified either an individual or a position having responsibility for the overall operation of the regulated facility or activity, such as the position of plant manager, operator of a well or well field, superintendent, a position of equivalent responsibility, or an individual or position having overall responsibility for environmental matters for the company. (A duly authorized representative may thus be either a named individual or any individual occupying a named position.); and (3) The written authorization is submitted to the Permit Issuing Authority [40 CFR 122.22] c. Changes to authorization: If an authorization under paragraph (b) of this section is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, a new authorization satisfying the requirements of paragraph (b) of this section must be submitted to the Director prior to or together with any reports, information, or applications to be signed by an authorized representative [40 CFR 122.22] Version 1012912010 91 4PDES Permit Standard Certification. Any person signing a document under paragraphs a. or b. of this section shal following certification [40 CFR 122.22]. NO OTHER STATEMENTS OF CERTIFICATION 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 13. Permit Modification, Revocation and Reissuance, or Termination The issuance of this permit does not prohibit the permit issuing authority from reopening and modifying the permit, revoking and reissuing the permit, or terminating the permit as allowed by the laws, rules, and regulations contained in Title 40, Code of Federal Regulations, Parts 122 and 123; Title 15A of the North Carolina Administrative Code, Subchapter 2H.0100; and North Carolina General Statute 143-215.1 et. al. 14. Annual Administering and Compliance Monitoring Fee Requirements The Permittee must pay the annual administering and compliance monitoring fee within thirty days after being billed by the Division. Failure to pay the fee in a timely manner in accordance with 15A NCAC 2H.0105 (b) (2) may cause this Division to initiate action to revoke the permit. Section C. Operation and Maintenance of Pollution Controls Certified Operator Upon classification of the permitted facility by the Certification Commission, the Permittee shall employ a certified water pollution control treatment system operator in responsible charge (ORC) of the water pollution control treatment system. Such operator must hold a certification of the grade equivalent to or greater than the classification assigned to the water pollution control treatment system by the Certification Commission. The Permittee must also employ one or more certified Back-up ORCs who possess a currently valid certificate of the type of the system. Back-up ORCs must possess a grade equal to (or no more than one grade less than) the grade of the system [15A NCAC 8G.0201]. The ORC of each Class I facility must: ➢ Visit the facility as often as is necessary to insure proper operation of the treatment system; the treatment facility must be visited at least weekly ➢ Comply with all other conditions of 15A NCAC 8G.0204. The ORC of each Class II, III and IV facility must: ➢ Visit the facility as often as is necessary to insure proper operation of the treatment system; the treatment facility must be visited at least five days per week, excluding holidays ➢ Properly manage and document daily operation and maintenance of the facility ➢ Comply with all other conditions of 15A NCAC 8G.0204. Once the facility is classified, the Permittee shall submit a letter to the Certification Commission designating the operator in responsible charge: a. Within 60 calendar days prior to wastewater being introduced into a new system b. Within 120 calendar days of: ➢ Receiving notification of a change in the classification of the system requiring the designation of a new ORC and back-up ORC ➢ A vacancy in the position of ORC or back-up ORC. Version 1012912010 'DES Permit Standard Conditions Page 7 of 18 per Operation and Maintenance Permittee shall at all times provide the operation and maintenance resources necessary to operate the ,,,..Ming 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. Upsets a. Effect of an upset [40 CFR 122.41 (n) (2)]:An upset constitutes an affirmative defense to an action brought for noncompliance with such technology based permit effluent limitations if the requirements of paragraph b. of this condition are met. No determination made during administrative review of claims that noncompliance was caused by upset, and before an action for noncompliance, is final administrative action subject to judicial review. Version 1012912010 JPDES Permit Standard Conditions necessary for a demonstration of upset: Any Permittee who wishes to est affirmative defense of upset shall demonstrate, through properly signed, contemporaneous ope. 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. 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 21-1.0124) to prevent the discharge of untreated or inadequately treated wastes during electrical power failures either by means of alternate power sources, standby generators or retention of inadequately treated effluent. Section D. Monitoring and Records Representative Sampling Samples collected and measurements taken, as required herein, shall be characteristic of the volume and nature of the permitted discharge. Samples collected at a frequency less than daily shall be taken on a day and time that is characteristic of the discharge over the entire period the sample represents. All samples shall be taken at the monitoring points specified in this permit and, unless otherwise specified, before the effluent joins or is diluted by any other wastestream, body of water, or substance. Monitoring points shall not be changed without notification to and the approval of the Permit Issuing Authority [40 CFR 122.41 (j)]. 2. Reporting Monitoring results obtained during the previous month(s) shall be summarized for each month and reported on a monthly Discharge Monitoring Report (DMR) Form (MR 1, 1.1, 2, 3) or alternative forms approved by the Director, postmarked no later than the last calendar day of the month following the completed reporting period. The first DMR is due on the last day of the month following the issuance of the permit or in the case of a new facility, on the last day of the month following the commencement of discharge. Duplicate signed copies of these, and all other reports required herein, shall be submitted to the following address: NC DENR / Division of Water Quality / Surface Water Protection Section ATTENTION: Central Files 1617 Mail Service Center Raleigh, North Carolina 27699-1617 3. Flow Measurements Appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges. The devices shall be installed, calibrated and maintained to ensure that the accuracy of the Version 1012912010 'DES Permit Standard Conditions Page 9 of 18 3surements is consistent with the accepted capability of that type of device. Devices selected shall be able of measuring flows with a maximum deviation of less than 10% from the true discharge rates �.u�ughout the range of expected discharge volumes. Flow measurement devices shall be accurately calibrated at a minimum of once per year and maintained to ensure that the accuracy of the measurements is consistent with the accepted capability of that type of device. The Director shall approve the flow measurement device and monitoring location prior to installation. Once -through condenser cooling water flow monitored by pump logs, or pump hour meters as specified in Part I of this permit and based on the manufacturer's pump curves shall not be subject to this requirement. 4. Test Procedures Laboratories used for sample analysis must be certified by the Division. Permittees should contact the Division's Laboratory Certification Section (919 733-3908 or http://portal.ncdenr.org/web/wq/lab/cert) for information regarding laboratory certifications. Facilities whose personnel are conducting testing of field -certified parameters only must hold the appropriate field parameter laboratory certifications. Test procedures for the analysis of pollutants shall conform to the EMC regulations (published pursuant to NCGS 143-215.63 et. seq.), the Water and Air Quality Reporting Acts, and to regulations published pursuant to Section 304(g), 33 USC 1314, of the CWA (as amended), and 40 CFR 136; or in the case of sludge use or disposal, approved under 40 CFR 136, unless otherwise specified in 40 CFR 503, unless other test procedures have been specified in this permit [40 CFR 122.41]. To meet the intent of the monitoring required by this permit, all test procedures must produce minimum detection and reporting levels that are below the permit discharge requirements and all data generated must be reported down to the minimum detection or lower reporting level of the procedure. If no approved methods are determined capable of achieving minimum detection and reporting levels below permit discharge requirements, then the most sensitive (method with the lowest possible detection and reporting level) approved method must be used. Penalties for Tampering The CWA provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any monitoring device or method required to be maintained under this permit shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. If a conviction of a person is for a violation committed after a first conviction of such person under this paragraph, punishment is a fine of not more than $20,000 per day of violation, or by imprisonment of not more than 4 years, or both [40 CFR 122.41].. 6. Records Retention Except for records of monitoring information required by this permit related to the Permittee's sewage sludge use and disposal activities, which shall be retained for a period of at least five years (or longer as required by 40 CFR 503), the Permittee shall retain records of all monitoring information, including: ➢ all calibration and maintenance records ➢ all original strip chart recordings for continuous monitoring instrumentation ➢ copies of all reports required by this permit ➢ copies of all data used to complete the application for this permit These records or copies shall be maintained for a period of at least 3 years from the date of the sample, measurement, report or application. This period may be extended by request of the Director at any time [40 CFR 122.41]. 7. Recording Results For each measurement or sample taken pursuant to the requirements of this permit, the Permittee shall record the following information [40 CFR 122.41]: a. The date, exact place, and time of sampling or measurements; b. The individual(s) who performed the sampling or measurements; Version 1012912010 ,,TPDES Permit Standard lG 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. 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)]. Monitoring results must be reported on a Discharge Monitoring Report (DMR) (See Part II. D. 2) or forms provided by the Director for reporting results of monitoring of sludge use or disposal practices. Version 1012912010 'DES Permit Standard Conditions Page 11 of 18 If the Permittee monitors any pollutant more frequently than required by this permit, the results of such monitoring shall be included in the calculation and reporting of the data submitted on the DMR. 6. Twenty-four Hour Reporting a. The Permittee shall report to the Director or the appropriate Regional Office any noncompliance that potentially threatens public health or the environment. Any information shall be provided orally within 24 hours from the time the Permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the Permittee becomes aware of the circumstances. The written submission shall contain a description of the noncompliance, and its cause; the period of noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance [40 CFR 122.41 (1) (6)]. b. The Director may waive the written report on a case -by -case basis for reports under this section if the oral report has been received within 24 hours. c. Occurrences outside normal business hours may also be reported to the Division's Emergency Response personnel at (800) 662-7956, (800) 858-0368 or (919) 733-3300. 7. Other Noncompliance The Permittee shall report all instances of noncompliance not reported under Part II. E. 5 and 6. of this permit at the time monitoring reports are submitted. The reports shall contain the information listed in Part II. E. 6. of this permit [40 CFR 122.41 (1) (7)]. 8. Other Information Where the Permittee becomes aware that it failed to submit any relevant facts in a permit application, or submitted incorrect information in a permit application or in any report to the Director, it shall promptly submit such facts or information [40 CFR 122.41 (1) (8)]. 9. Noncompliance Notification The Permittee shall report by telephone to either the central office or the appropriate regional office of the Division as soon as possible, but in no case more than 24 hours or on the next working day following the occurrence or first knowledge of the occurrence of any of the following: a. Any occurrence at the water pollution control facility which results in the discharge of significant amounts of wastes which are abnormal in quantity or characteristic, such as the dumping of the contents of a sludge digester; the known passage of a slug of hazardous substance through the facility; or any other unusual circumstances. b. Any process unit failure, due to known or unknown reasons, that render the facility incapable of adequate wastewater treatment such as mechanical or electrical failures of pumps, aerators, compressors, etc. c. Any failure of a pumping station, sewer line, or treatment facility resulting in a by-pass without treatment of all or any portion of the influent to such station or facility. Persons reporting such occurrences by telephone shall also file a written report within 5 days following first knowledge of the occurrence. 10. Availability of Reports Except for data determined to be confidential under NCGS 143-215.3 (a)(2) or Section 308 of the Federal Act, 33 USC 1318, all reports prepared in accordance with the terms shall be available for public inspection at the offices of the Division. As required by the Act, effluent data shall not be considered confidential. Knowingly making any false statement on any such report may result in the imposition of criminal penalties as provided for in NCGS 143-215.1(b)(2) or in Section 309 of the Federal Act. 11. Penalties for Falsification of Reports The CWA provides that any person who knowingly makes any false statement, representation, or certification in any record or other document submitted or required to be maintained under this permit, including monitoring reports or reports of compliance or noncompliance shall, upon conviction, be punished by a fine of not more than $25,000 per violation, or by imprisonment for not more than two years per violation, or by both [40 CFR 122.41]. Version 1012912010 12. JPDES Permit Standard P Annual Performance Reports Permittees who own or operate facilities that collect or treat municipal or domestic waste shall annual report to the Permit Issuing Authority and to the users/customers served by the Permittee (NUUC i 143- 215.1C). The report shall summarize the performance of the collection or treatment system, as well as the extent to which the facility was compliant with applicable Federal or State laws, regulations and rules pertaining to water quality. The report shall be provided no later than sixty days after the end of the calendar or fiscal year, depending upon which annual period is used for evaluation. The report shall be sent to: NC DENR / Division of Water Quality / Surface Water Protection Section ATTENTION: Central Files 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Version 1012912010 'DES Permit Standard Conditions Page 13 of 18 PART III OTHER REQUIREMENTS Section A. Construction The Permittee shall not commence construction of wastewater treatment facilities, nor add to the plant's treatment capacity, nor change the treatment process(es) utilized at the treatment plant unless the Division has issued an Authorization to Construct (AtC) permit. Issuance of an AtC will not occur until Final Plans and Specifications for the proposed construction have been submitted by the Permittee and approved by the Division. Section B. Groundwater Monitoring The Permittee shall, upon written notice from the Director, conduct groundwater monitoring as may be required to determine the compliance of this NPDES permitted facility with the current groundwater standards. Section C. Changes in Discharges of Toxic Substances The Permittee shall notify the Permit Issuing Authority as soon as it knows or has reason to believe (40 CFR 122.42): a. That any activity has occurred or will occur which would result in the discharge, on a routine or frequent basis, of any toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels"; (1) One hundred micrograms per liter (100 pg/L); (2) Two hundred micrograms per liter (200 pg/L) for acrolein and acrylonitrile; five hundred micrograms per liter (500 dug/L) for 2.4-dinitrophenol and for 2-methyl-4.6-dinitrophenol; and one milligram per liter (1 mg/L) for antimony; (3) Five times the maximum concentration value reported for that pollutant in the permit application. b. That any activity has occurred or will occur which would result in any discharge, on a non -routine or infrequent basis, of a toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels"; (1) Five hundred micrograms per liter (500 pg/L); (2) One milligram per liter (1 mg/L) for antimony; (3) Ten times the maximum concentration value reported for that pollutant in the permit application. Section D. Evaluation of Wastewater Discharge Alternatives The Permittee shall evaluate all wastewater disposal alternatives and pursue the most environmentally sound alternative of the reasonably cost effective alternatives. If the facility is in substantial non-compliance with the terms and conditions of the NPDES permit or governing rules, regulations or laws, the Permittee shall submit a report in such form and detail as required by the Division evaluating these alternatives and a plan of action within 60 days of notification by the Division. Section E. Facility Closure Reauirements The Permittee must notify the Division at least 90 days prior to the closure of any wastewater treatment system covered by this permit. The Division may require specific measures during deactivation of the system to prevent adverse impacts to waters of the State. This permit cannot be rescinded while any activities requiring this permit continue at the permitted facility. Version 1012912010 JPDES Permit Standard F PART IV SPECIAL CONDITIONS FOR MUNICIPAL FACILITIES Section A. Definitions In addition to the definitions in Part II of this permit, the following defirdtions 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)]: Any new introduction of pollutants into the POTW from an indirect discharger, regardless of the means of transport, which would be subject to section 301 or 306 of CWA if it were directly discharging those pollutants; and Any substantial change in the volume or character of pollutants being introduced by an indirect discharger as influent to that POTW at the time of issuance of the permit. Version 1012912010 'DES Permit Standard Conditions Page 15 of 18 purposes of this paragraph, adequate notice shall include information on (1) the quality and quantity of uent introduced into the POTW, and (2) any anticipated impact that may result from the change of the .luantity or quality of effluent to be discharged from Lite POTW. Section C. Municipal Control of Pollutants from Industrial Users. 1. Effluent limitations are listed in Part I of this permit. Other pollutants attributable to inputs from industries using the municipal system may be present in the Permittee's discharge. At such time as sufficient information becomes available to establish limitations for such pollutants, this permit may be revised to specify effluent limitations for any or all of such other pollutants in accordance with best practicable technology or water quality standards. 2. Prohibited Discharges a. Under no circumstances shall the Permittee allow introduction of pollutants or discharges into the waste treatment system or waste collection system which cause or contribute to Pass Through or Interference as defined in 15A NCAC 2H.0900 and 40 CFR 403. [40 CFR 403.5 (a) (1)] b. Under no circumstances shall the Permittee allow introduction of the following wastes in the waste treatment or waste collection system [40 CFR 403.5 (b)]: (1) Pollutants which create a fire or explosion hazard in the POTW, including, but not limited to, wastestreams with a closed cup flashpoint of less than 140 degrees Fahrenheit or 60 degrees Centigrade using the test methods specified in 40 CFR 261.21; (2) Pollutants which cause corrosive structural damage to the POTW, but in no case discharges with pH lower than 5.0, unless the works is specifically designed to accommodate such discharges; (3) Solid or viscous pollutants in amounts which cause obstruction to the flow in the POTW resulting in Interference; (4) Any pollutant, including oxygen demanding pollutants (BOD, etc.) released in a Discharge at a flow rate and/or pollutant concentration which will cause Interference with the POTW; (5) Heat in amounts which will inhibit biological activity in the POTW resulting in Interference, but in no case heat in such quantities that the temperature at the POTW Treatment Plant exceeds 40°C (104°F) unless the Division, upon request of the POTW, approves alternate temperature limits; (6) Petroleum oil, non -biodegradable cutting oil, or products of mineral oil origin in amounts that will cause Interference or Pass Through; (7) Pollutants which result in the presence of toxic gases, vapors, or fumes within the POTW in a quantity that may cause acute worker health and safety problems; (8) Any trucked or hauled pollutants, except at discharge points designated by the POTW. c. The Permittee shall investigate the source of all discharges into the POTW, including slug loads and other unusual discharges, which have the potential to adversely impact the permittee's Pretreatment Program and/or the operation of the POTW. The Permittee shall report such discharges into the POTW to the Director or the appropriate Regional Office. Any information shall be provided orally within 24 hours from the time the Permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the Permittee becomes aware of the circumstances. The written submission shall contain a description of the discharge, the investigation into possible sources; the period of the discharge, including exact dates and times; and if the discharge has not ceased, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance, 3. With regard to the effluent requirements listed in Part I of this permit, it may be necessary for the Permittee to supplement the requirements of the Federal Pretreatment Standards (40 CFR, Part 403) to ensure compliance by the Permittee with all applicable effluent limitations. Such actions by the Permittee may be necessary regarding some or all of the industries discharging to the municipal system. 4. The Permittee shall require any Industrial User discharging to the POTW to meet Federal Pretreatment Standards developed under Section 307(b) of the Act as amended (which includes categorical standards and Version 1012912010 JPDES Permit Standard P specific local limits, best management practices and narrative requirements). Prior to accepting 1 from any Significant Industrial User, the Permittee shall either develop and submit to the Divi: Pretreatment Program or a modification of an existing Pretreatment Program, for approval as requirea under section D below as well as 15A NCAC 2H.0907 (a) and (b). [40 CFR 122.44 (j) (2)] This permit shall be modified, or alternatively, revoked and reissued, to incorporate or modify an approved POTW Pretreatment Program or to include a compliance schedule for the development of a POTW Pretreatment Program as required under Section 402 (b) (8) of the CWA and implementing regulations or by the requirements of the approved State pretreatment program, as appropriate. Section D. Pretreatment Programs Under authority of sections 307 (b) and (c) and 402 (b) (8) of the CWA and implementing regulations 40 CFR 403, North Carolina General Statute 143-215.3 (14) and implementing regulations 15A NCAC 2H.0900, and in accordance with the approved pretreatment program, all provisions and regulations contained and referenced in the Pretreatment Program Submittal are an enforceable part of this permit. [40 CFR 122.44 (j) (2)] The Permittee shall operate its approved pretreatment program in accordance with Section 402 (b) (8) of the CWA, 40 CFR 403, 15A NCAC 2H.0900, and the legal authorities, policies, procedures, and financial provisions contained in its pretreatment program submission and Division approved modifications thereof. Such operation shall include but is not limited to the implementation of the following conditions and requirements. Terms not defined in Part II or Part IV of this permit are as defined in 15A NCAC 2H.0903 and 40 CFR 403.3. 1. Sewer Use Ordinance (SUO) The Permittee shall maintain adequate legal authority to implement its approved pretreatment program. [15A NCAC 2H.0905 and .0906; 40 CFR 403.8 (f) (1) and 403.9 (b) (1), (2)] 2. Industrial Waste Survey (IWS) The permittee shall implement an IWS consisting of the survey of users of the POTW, as required by 40 CFR 403.8 (f) (2) (i-iii) and 15A NCAC 2H.0905 [also 40 CFR 122.44 (j) (1)], including identification of all industrial users that may have an impact on the POTW and the character and amount of pollutants contributed to the POTW by these industrial users and identification of those industrial users meeting the definition of SIU. The Permittee shall submit a summary of its IWS activities to the Division at least once every five years, and as required by the Division. The IWS submission shall include a summary of any investigations conducted under paragraph C.2.c. of this Part. 3. Monitoring Plan The Permittee shall implement a Division -approved Monitoring Plan for the collection of facility specific data to be used in a wastewater treatment plant Headworks Analysis (HWA) for the development of specific pretreatment local limits. Effluent data from the Plan shall be reported on the DMRs (as required by Part II, Section D, and Section E.5.). [15A NCAC 2H.0906 (b) (2) and .0905] 4. Headworks Analysis (HWA) and Local Limits The Permittee shall obtain Division approval of a HWA at least once every five years, and as required by the Division. Within 180 days of the effective date of this permit (or any subsequent permit modification) the Permittee shall submit to the Division a written technical evaluation of the need to revise local limits (i.e., an updated HWA or documentation of why one is not needed) [40 CFR 122.44]. The Permittee shall develop, in accordance with 40 CFR 403.5 (c) and 15A NCAC 2H.0909, specific Local Limits to implement the prohibitions listed in 40 CFR 403.5 (a) and (b) and 15A NCAC 2H.0909. Pursuant to 40 CFR 403.5, local limits are enforceable Pretreatment Standards as defined by 40 CFR 403.3(1). 5. Industrial User Pretreatment Permits (IUP) & Allocation Tables In accordance with NCGS 143-215.1, the Permittee shall issue to all significant industrial users, permits for operation of pretreatment equipment and discharge to the Permittee's treatment works. These permits shall contain limitations, sampling protocols, reporting requirements, appropriate standard and special conditions, and compliance schedules as necessary for the installation of treatment and control technologies to assure that their wastewater discharge will meet all applicable pretreatment standards and requirements. The Permittee shall maintain a current Allocation Table (AT) which summarizes the results of the HWA and the limits from Version 1012912010 'DES 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, .0,916, 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 WC) 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 (S3Us) 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 *ndustry'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 System_ s (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 JPDES Permit Standard 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)(vii)] 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 Facility information NPDES permit #: NC0020460 Transylvania County Facility name: US Department of Agriculture — Forest Service — National Forests in NC — Sliding Rock Recreation Area WWTP WWTP class: I Biological - Septic Tank — Surface Sand Filter WWTP type: 0.005 MGD Septic Tank — Surface Sand Filter system consisting of: 5000 gallon septic tank; distribution box (siphon bell removed) with filter (accessible via manhole); — 85' L x 60' W (-5100 sq ft) surface sand filter with 4-inch diameter perforated pvc laterals; tablet chlorinator; chlorine dissipation pond; tablet dechlorinator; and effluent gravity outfall. Annual Average Flow: 0.0007 MGD (3 year average: 2007-2010) Collection System: gravity sewer — no pump stations Development: Recreation Area serving 50 seasonal visitors Sludge Management: Commercial hauler (Mike's Septic Service) to the City of Brevard's WWTP and MSD's WWTP. WWTP location: US Hwy 276, north of Pisgah Forest Responsible official: Charles F. Gay Responsible "'s title: Engineering Staff Officer Official's location: 160-A Zillicoa Street; Asheville, NC 28801-1082 Mailing address: PO Box 2750; Asheville, NC 28802 Phone numbers 828-257-4200 Charles Gay. P.E. - Monica Schwalbach 828-257-4243 or 4832 (Mr.) Lynn Hicks, P.E. 828-257-4835 Barry Jones. P.E. - Dave Valez, P.E. 828-257-4884 " - fax 828-697-0063 James & James Env. Mgmt.-ORC contractor & lab 828-697-0065 " -fax 828-674-8169 Harry — cell 828-674-8171 Juanita - cell Operator information Contract ORC : James & James Env. Mgmt.-ORC contractor & lab Physical address 3801 Asheville Hwy.; Hendersonville, NC 28791 Mailing address: PO Box 1354; Mountain Home, NC 28758 Permit information Date issued: 10-2-2006 Expiration date: 1-31-2011 Stream information Stream & river basin: Looking Glass Creek; French Broad River Basin Sub -basin: 04-03-03 Hydrologic Unit: 06010105 Quad: Shining Rock Grid: F 7 SE Stream classification: B-Trout, HQW Drainage area sq mi: Instream Waste Conc.: Average stream flow: cfs Summer 7Q10 cfs: 4.0 Winter 7Q10 cfs: Other information Directions: From the intersections of US Hwy 64, NC Hwy 280 and NC Hwy 276 in Pisgah Forest, travel on US Hwy 276 — 8 miles to the Sliding Rock Recreational Area, located on the left. �F \NAT�,(� Michael F. Easley, Governor fQ State of North Carolina G William G. Ross, Jr., Secretary Department of Environment and Natural Resources O' Alan W. Klimek, P.E., Director Division of Water Quality September 14, 2006 Ms. Lynn L. Hicks Acting Deputy Forest Supervisor P.O. Box 2750 Asheville, North Carolina 28802 Subject: Issuance of NPDES Permit NCO020460 Sliding Rock Recreation Area WWTP Transylvania County Dear Ms. Hicks: 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 contains no significant changes from the draft you were sent on July 5, 2006. If any parts, measurement frequencies or sampling requirements contained in this permit are unacceptable to you, you have the right to an adjudicatory hearing upon written request within thirty (30) days following receipt of this letter. This request must be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings (6714 Mail Service Center, Raleigh, North Carolina 27699-6714). Unless such demand is made, this decision shall be final and binding. Please note that this permit is not transferable except after notice to the Division. The Division may require modification or revocation and reissuance of the permit. This permit does not affect the legal requirements to obtain other permits which may be required by the Division of Water Quality or permits required by the Division of Land Resources, the Coastal Area Management Act or any other Federal or Local governmental permit that may be required.. If you have any questions concerning this permit, please contact Toya Fields at telephone number (919) 733-5083, extension 551. _......._...... __... _ - Sincerely, Alan W. Klimek, cc: Central Files Asheville Regional Office/Surface Water Protection' NPDES Unit �j SEP 2 5 2006 WAI-ER QUAL!T`. SE C!J i 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone (919) 733-7015 FAX (919) 733-0719 NorthCarolina 512 N. Salisbury Street, Raleigh, North Carolina 27604 On the Internet at http://h2o.enr.state.nc.us.1 Naturally An Fnnnl Onnnrtnnihi/A$i"ntiva Ar}inn Fmnlnvar Permit NCO020460 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY PERMIT TO DISCHARGE WASTEWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provision of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, the U.S. Department of Agriculture (Forest Service) is hereby authorized to discharge wastewater from a facility located at the Sliding Rock Recreation Area VVVVTP U.S. Highway 276 North of Pisgah Forest Transylvania County to receiving waters designated as Looking Glass Creek in the French Broad River Basin in accordance with effluent limitations, monitoring requirements, and other conditions set forth in Parts I, II, I'II and IV hereof. This permit shall become effective October 1, 2006. This permit and authorizationto discharge shall expire at midnight on January 31, 2011. Signed this day September 14, 2006. h an W. Klimek, P.E., Director ivision of Water Quality By Authority of the Environmental Management Commission M Permit NCO020460 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. The U.S. Department of Agriculture (Forest Service) is hereby authorized to: 1. Continue to operate an existing 0.005 MGD wastewater treatment facility with the following components: ♦ 5,000-gallon septic tank ♦ Sand filter ♦ Tablet chlorination ♦ Chlorine dissipation pond This facility is located north of Pisgah Forest on U.S. Highway 276 at the Sliding Rock Recreation Area WWTP in Transylvania County. 2. Discharge from said treatment works at the location specified on the attached map into Looking Glass Creek, classified B-Trout HQW waters in the French Broad River Basin. j J tk '�"+.. .,v i „j •� �� x ,R `�.e � �y9 � 5L\. �.S , i t � � . �''ti �`�i�""— `�• ��.r i 'Y . ��; tip,* ^r..Y s., *.; ., r � � \`\��, �� ��\ � :, '�'�--�'.'"`�` �,� ../� f �'��� • ;� �`k ���.y1� ` '`.F-' },fit\'{ �,"' \ S\�' 1 t �,� ;� �.�-•,: —��,: �,• /,f �, r� d am Sliding Rock Recreation" Area - NC0020460 USGS Quad Name: Shining Rock Lat.:.35°18'25" Receiving Stream: Looking Glass"Creek Long.: 82047'05"., Stream Class: B;Tr HQW , Subbasin: French Broad _ 04 03 03 so Permit NCO020460 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: G RE MONITORIN REQUI M ENTS CI3ARACTERISTICS Monthly Daily Y Measureanent Saraxple Ae�a a . Maximum . u�nc ,..; Saan"A TyP .,.; ... �..,, m tiLocaaon Flow 0.005 MGD Weekly Instantaneous Influent or Effluent BOD, 5-day (20°C) 30.0 mg/L 45.0 mg/L 2/Month Grab Effluent Total Suspended Solids 30.0 mg/L 45.0 mg/L 2/Month Grab Effluent NH3 as N Monthly Grab Effluent Total Residual Chlorine' 28.0 pg/L 2/Month Grab Effluent Fecal Coliform 200/ 100mL 400/ 100mL 2/Month Grab Effluent .mean) -(geometric Temperature (°C) Weekly Grab Effluent pH2 2/Month Grab Effluent Footnotes: 1. TRC limit shall take effect April 1, 2008. Limit and monitoring requirement apply only if chlorine is used for disinfection.. 2. The pH shall not -be less. than 6.0 standard units nor greater than 9.0 standard units. There shall be no discharge of floating solids or visible foam in other than trace amounts. x Permit NCO020460 A. (1.) EFFLVENT LIMITATIONS AND MONITORING REgUIREMENTS 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 MC9NITORING°'REi�UYIIENiENTa CHAR'ACTERISTICS $ ,` F Avera aYY1PIee .�1 tYUIl, e,i:a Maximum F :I',iB �I,$IiC F., Influent or Flow 0.005 MGD Weekly Instantaneous Effluent BOD, 5-day (20°C) 30.0 mg/L 45.0 mg/L 2/Month Grab Effluent Total Suspended Solids 30.0 mg/L 45.0 mg/L 2/Month Grab Effluent NH3 as N Monthly Grab Effluent Total Residual Chlorine' 28.0 lag/L 2/Month Grab Effluent Fecal Coliform 200/ 100mL 400/ 100mL 2/Month Grab Effluent (geometric rnean) Temperature (°C) Weekly Grab Effluent pH2 2/Month Grab Effluent Footnotes: 1. TRC limit shall take effect April 1, 2008. Limit and monitoring requirement apply only if chlorine is used for disinfection. 2. The pH shall not be less. than 6.0 standard units nor greater than 9.0 standard units. There shall be no discharge of floating solids or visible foam in other than trace amounts. I -) k P s 11 '08 NPDES Permit Requirements Page 1 of 16 PART II STANDARD CONDITIONS FOR NPDES PERMITS Section A. _Definitions 2/Month Samples are collected twice per month with at least ten calendar days between sampling events. 3/Week Samples are collected three times per week on three separate calendar days. Act or "the Act" The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 USC 1251, et. seq. Annual Average The arithmetic mean of all "daily'discharges" of a pollutant measured during the calendar year. In the case of fecal coliform, the geometric mean of such discharges. Arithmetic Mean The summation of the individual values divided by the number of individual values. Bypass The known diversion of waste streams from any portion of a treatment facility including the collection system which is not a designed or established or operating mode for the facility. Calendar Dar The period from midnight of one day until midnight of the next day. However, for purposes of this permit, any consecutive 24-hour period that reasonably represents the calendar day may be used for sampling. Calendar Quarter One of the following distinct periods: January through March, April through June, July through September, and October through December. Composite Sample A sample collected over a 24-hour period by continuous sampling or combining grab samples of at least 100 ml in such a manner as to result in a total sample representative of the wastewater discharge during the sample period. The Director may designate the most appropriate method (specific number and size of aliquots necessary, the time interval between grab samples, etc.) on a case -by -case basis. Samples may be collected manually or automatically. Composite samples may be obtained by the following methods: (1) Continuous: a single, continuous sample collected over a 24-hour period proportional to -the rate of flow- (2) Constant time/variable volume: a series of grab samples collected at equal time intervals over a 24.hour period of discharge and combined proportional to the rate of flow measured at the time of individual sample collection, or (3) Variable time/constant volume: a series of grab samples of equal volume collected over a 24 hour period with the time intervals between samples determined by a preset number of gallons passing the sampling point. Flow measurement between sample intervals shall be determined by use of a flow recorder and totalizer, and the preset gallon interval between sample collection fixed at no greater than 1/24 of the expected total daily flow at the treatment system, or (4) Constant time/constant volume: a series of grab samples of equal volume collected over a 24-hour period at a constant time interval This method may only be used in situations where.effluent flow rates vary less than 15 percent. The grab samples shall be taken at intervals of no greater than 20 minutes apart during any 24-hour period and must be of equal size and of no less than 100 milliliters. Use of this method requires prior approval by the Director. Version 6201200.3 00 00 NPDES Permit Requirements Page 2 of 16 ' In accordance with (4) above, influent grab samples shall not be collected more than once per hour. Effluent grab samples shall not be collected more than once per hour except at wastewater treatment systems having a detention time of greater than 24 hours. In such cases, effluent grab samples may be collected at intervals evenly spaced over the 24-hour period that are equal in number of hours to the detention time of the system in number of days. However, the interval between effluent grab samples may not exceed six hours nor the number of samples less than four during a 24-hour sampling period. Continuous flow measurement Flow monitoring that occurs without interruption throughout the operating hours of the facility. Flow shall be monitored continually except for the infrequent times when there may be no flow or for infrequent maintenance activities on the flow device. Daily Discharge The discharge of a pollutant measured during a calendar day or any 24-hour period that reasonably represents the calendar day for purposes of sampling. For pollutants measured in units of mass, the "daily discharge" is calculated as the total mass of the pollutant discharged over the day. The "daily discharge" concentration comprises the mean concentration for a 24-hour sampling period as either a composite sample concentration or the arithmetic mean of all grab samples collected during that period. (40 CFR 122.3) Daily Maximum The highest "daily discharge" during the calendar month. Daily Sampling Parameters requiring daily sampling shall be sampled 5 out of every 7 days per week unless otherwise specified in the permit The Division expects that sampling shall be conducted on weekdays except where holidays or other disruptions of normal operations prevent weekday sampling. If sampling is required for all seven days of the week for any permit parameter(s), that requirement will be so noted on the Effluent Limitations and Monitoring Page(s). DWQ or "the Division" The Division of Water Quality, Department of Environment and Natural Resources. EMC The North Carolina Environmental Management Commission. Facility Closure The cessation of wastewater treatment at a permitted facility, or the cessation of all activities that require coverage under the NPDES. Completion of facility closure will allow this permit to be rescinded Geometric Mean The Nth root of the product of the individual values where N = the number of individual values. For purposes of calculating the geometric mean, values of "0" (or "< [detection level]' shall be considered =1. Grab Sample Individual samples of at least 100 mil collected over a period of time not exceeding 15 minutes. Grab samples can be collected manually. Grab samples must be representative of the discharge (or the receiving stream, for instream samples). Hazardous Substance Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the Clean Water Act Instantarieous flow measurement A measure of flow taken at the time of sampling, when both the sample and flow will be representative of the total discharge. Version 612012003 w NPDES Permit Requirements Page 3 of 16 Monthly_ Average (concentration limitl The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar month. In the case of fecal coliform, the geometric mean of such discharges. Permit Issuing Authority The Director of the Division of Water Quality. Quarterly Av Qe (concentration limitl The average of all samples taken over a calendar quarter. Severe property damage Substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected tooccur 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)(i) of the Clean Water Act. . Up -set An incident beyond the reasonable control of the Permittee causing unintentional and temporary noncompliance with permit effluent limitations and/or monitoring requirements. An upset does not include noncompliance caused by operational . error, improperly. designed treatment facilities, inadequate treatment. facilities, lack of preventive maintenance, or careless or improper operation. Weekly Average (concentration limitl The arithmetic mean of all "daily discharges" of a pollutant measured.during the calendar week. In the case of fecal coliform, the geometric mean of such -discharges. Section B. General Conditions 1. Duty to Coo The Permittee must comply with all conditions of this permit. Any permit noncompliance constitutes a violation of the Clean Water Act and is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or denial of a permit renewal application [40 CFR 122.41]. a. The Permittee shall comply with effluent standards or prohibitions established under section 307(a) of the Clean Water Act for toxic pollutants and with standards for sewage sludge use or disposal established under section 405(d) of the Clean Water Act within the time provided in the regulations that establish these standards or prohibitions or standards for sewage sludge use or disposal, even if the permit has not yet been modified to incorporate the requirement. b. The Clean Water Act provides that any person who violates section 301, 302, 306, 307, 308, 318 or 405 of the Act, or any permit condition or limitation implementing any such sections in a permit issued under section 402, or any requirement imposed in a pretreatment program approved under sections 402(a)(3) or 402(b)(8) of the Act, is subject to a civil penalty not to. exceed $25,000 per day for each violation. [40 CFR 122.41 (a) (2)] c The Clean Water Act provides that any person who negligently violates sections 301, 302, 306, 307, 308, 318, or 405 of the Act, or any condition or limitation implementing any of such sections: in a permit issued under section 402 of the Act, or any requirement imposed in a pretreatment program approved under section 402(a)(3) or 402(b)(8) of the Act, is subject to criminal penalties of $2,500 to $25,000 per day of violation, or imprisonment of not more than 1 year, or both. In the case of a second or subsequent conviction for a negligent violation, a person shall be subject to criminal penalties of not more than $50,000 per day of violation, or by imprisonment of not more than 2 years, or both. [40 CFR 122.41 (a) (2)] Version 612012003 00 NPDES Permit Requirements Page 4 of 16 d. Any person who knowing violates such sections, or such conditions or limitations is subject to criminal penalties of $5,000 to $50,000 per day of violation, or imprisonment for not more than 3 years, or both. In the case of a second or subsequent conviction for a knowing violation, a person shall be subject to criminal penalties of not more than $100,000 per day of violation, or imprisonment of not more than 6 years, or both. [40 CFR 122.41 (a) (2)] e. Any person who knowingly violates section 301, 302, 303, 306, 307, 308, 318 or 405 of the Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of the Act, and who knows at that time that he thereby places another person in imminent Eger of death or serious bodily injury, shall, upon conviction, be subject to a fine of not more than $250,000 or imprisonment of not more than 15 years, or both. In the case of a second or subsequent conviction for a knowing endangerment violation, a person shall be subject to a fine of not more than $500,000 or by imprisonment of not more than 30 years, or both. An organization, as defined in section 309(c)(3)(B)(sii) of the CWA, shall, upon conviction of violating the imm nent danger provision, be subject to a fine of not more than $1,000,000 and can be fined up to $2,000,000 for second or subsequent convictions. [40 CFR 122.41 (a) (2)] f. Under state law, a civil penalty of not more than $25,000 per violation may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of a permit. [North Carolina General Statutes § 143-215.6A] g. Any person may be assessed an administrative penalty by the Administrator for violating section 301, 302, 306, 307, 308, 318 or 405 of this Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of this Act. Administrative penalties for Class I violations are not to exceed $10,000 per violation, with the maximum amount of any Class I penalty assessed not to exceed $25,000. Penalties for Class II violations are not to exceed $10,000 per day for each- day during which the violation continues, with the maximum amount of any Class II penalty not to exceed $125,000. [40 CFR 122.41 (a) (3)] 2. Duty to 1VMt*te The Permittee shall take all reasonable steps to minimise or prevent any discharge or sludge use or disposal in violation of this permit which has a reasonable likelihood of adversely affecting human health or the environment [40 CFR 122.41 (d)]. 3. Civil and Criminal Liability Except as provided in permit conditions on "Bypassing" (Part II. C. 4), "Upsets" (Part II. C. 5) and "Power Failures" (Part 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. Prop= Rights The issuance of this permit does not convey any property rights in either real or personal property, or any exclusive privileges, nor does it authorize any injury to private property or any invasion. of personal rights, nor any infringement of Federal, State or local laws or regulations [40 CFR 122.41 (g)]. 6. Onshore or Offshore Construction This permit does not authorize or approve the construction of any onshore or offshore physical structures or facilities or the undertaking of any work in any navigable waters. Version 612012003 Eil NNPDES Permit Requirements Page 5 of 16 7. Severability The provisions of this permit are severable. If any provision of this permit, or the application of any provision of thi, permit to any circumstances, is held invalid, the application of such provision to other circumstances, and the remainde of this permit, shall not be affected thereby [NCGS 150B-23]. 8. Dut� to Provide Information The Permittee shall furnish to the Permit Issuing Authority, within a reasonable time, any information which the Permit Issuing Authority may request to determine whether cause exists for modifying, revoking and reissuing, or terminating this permit or -to determine compliance with this permit. The Permittee shall also furnish to the Permit Issuing Authority upon request, copies of records required by this permit [40 CFR 122.41 (h)]. 9. Duty to Reapn�ly 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. SiMaM Requirements All applications, reports, or information submitted to the Permit Issuing Authority shall be signed and certified [40 CFR 122.41 (k)]. a. All permit applications shall be signed as follows: (1) For a corporation: by a responsible corporate officer. For the purpose of this Section, a responsible corporate officer means: (a) a president, secretary, treasurer or vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision making functions for the corporation, or (b) the manager of one or more manufacturing, production, or operating facilities, provided, the manager is authorized to make management decisions which govern the operation of the regulated facility including having the explicit or implicit duty, of making major capital investment recommendations, and initiating and directing other comprehensive, measures to assure long term environmental compliance with environmental laws and regulations; the manager can ensure that the necessary systems are established or actions taken to gather complete and accurate information for permit application requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures (2) For a partnership or sole proprietorship: by a general partner or the proprietor, respectively; or (3) For a municipality, State, Federal, or. other public agency: by either a principal executive officer or ranking elected official [40 CFR 122.22]. b.. All reports required by the permit and other information requested by the Permit Issuing Authority shall be signed by a person described in paragraph a. above or by a duly authorized representative of that person. A person is a duly authorized representative only if: 1. The authorization is made in writing by a person described above; 2. The authorization specified either an individual or a position having responsibility for the overall operation of the regulated facility or activity, such as the position of plant manager, operator of a well or well field, superintendent, a position of equivalent responsibility, or an individual or position having overall responsibility for environmental matters for the company. (A duly authorized representative may thus be either a named individual or any individual occupying a named position.); and 3. The written authorization is submitted to the Permit Issuing Authority [40 CFR 122.22] Version 612012003 00 00 NPDES Permit Requirements Page 6 of 16 c. Changes to authorization: If an authorization under paragraph (b) of this section is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, a new authorization satisfying the requirements of paragraph (b) of this section must be submitted to the Director prior to or together with any reports, information, or applications to be signed by an authorized representative [40 CFR 122.22] d. Certification. Any person signing a document under paragraphs a. or b. of this section shall make the following certification [40 CFR 122.22]: '1 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 thibimation, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. l am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations. ° 12. Permit Actions This permit may be modified, revoked and reissued, or terminated for cause. The filing of a request by the Permittee for a permit modification, revocation and reissuance, or termination, or a notification of planned changes or anticipated noncompliance does not stay any permit condition [40 CFR 122.41 (0]. 13: Permit Modification. Revocation and Reissuance. or Termination The issuance of this permit does not prohibit the permit issuing authority from reopening and modifying the permit, revolting and reissuing the permit, or terminating the permit as allowed by the laws, rules, and regulations contained in Title 40, Code of Federal Regulations, Parts 122 and 123; Title 15A of the North Carolina Administrative Code, Subchapter 2H .0100; and North Carolina General Statute 143-215.1 et. al. 14. Annual Administering and Compliance Monitoring Fee Requirements The Permittee must pay the -annual administering and compliance monitoring fee within thirty days after being billed by the Division. Failure to pay the fee in a timely manner in accordance with 15A NCAC 2H.0105 (b) (4) may cause this Division to initiate action to revoke the permit Section C. • Operation and Maintenance of Pollution Controls Certified Operator Upon classification of the permitted facility by the Certification Commission, the Permittee shall. employ a certified water pollution control treatment system operator in responsible charge (ORC) of the water pollution control treatment system. Such operator must hold a certification of the grade equivalent to or greater than the classification assigned to the water pollution control treatment system by the Certification Commission. The Permittee must also employ one or more certified Back up .ORCs who possess a currently valid certificate of the type of the system. Back-up ORCs must possess a grade equal to (or no more than one grade less than) the grade of the system [15A NCAC 8G.0201]. The ORC of each Class I facility must ➢ Visit the facility at least weekly ➢ Comply with all other conditions of 15A NCAC 8G.0204. The ORC of each Class II, III and IV facility must: ➢ Visit the facility at least daily, excluding weekends and holidays ➢ Properly manage and document daily operation and maintenance of the facility ➢ Comply with all other conditions of 15A NCAC 8G.0204. Once the facility is classified, the Permittee shall submit a letter to the Certification Commission designating the operator in responsible charge: a. Within 60 calendar days prior to wastewater being introduced into a new system Version 612012003 NPDES Permit Requirements Page 7 of 16 b. Within 120 calendar days of: ➢ Receiving notification of a change in the classification of the system requiring the designation of a new ORC and back-up ORC ➢ A vacancy in the position of ORC or back-up ORC. 2. Proper Operation and Maintenance The Pernuttee shall at all times provide the operation and maintenance resources necessary' to operate the existing facilities at optimum efficiency. The Permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the Permittee to achieve compliance with the conditions of this permit. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures. This provision requires the Permittee to install and operate backup or auxiliary facilities only when necessary to achieve compliance with the conditions of the permit [40 CFR 122.41 (e)]. 3. Need to Halt or Reduce not a Defense It shall not be a defense for a Permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the condition of this permit [40 CFR 122.41 (c)]- 4. Bmassingof 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)] (i) 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 (i) 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 Permitted 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. (i) of this section. 5. Upsets a. Effect of an upset [40 CFR 122.41 (n) (2)]: An upset constitutes an affirmative defense to an action brought for noncompliance with such technology based permit effluent limitations if the requirements of paragraph b. of this condition are met No determination made during administrative review of claims that Version 612012003 NPDES Permit Requirements Page 8 of 16 noncompliance was caused by upset, and before an action for noncompliance, is final administrative action subject to judicial review. b. Conditions necessary for a demonstration of upset: , A Permittee who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that: (1) An upset occurred and that the Permittee can identify the cause(s) of the upset; (2) The Permittee facility was at the time being properly operated; and (3) The Permittee submitted notice of the upset as required in Part II. E. 6. (b) (B) of this permit. (4) The Permittee complied with any remedial measures required under Part II. B. 2- of this permit. d. Burden of proof [40 CFR 122.41 (n) (4)]: The Permittee seeking to establish the occurrence of an upset has the burden of proof in any enforcement proceeding 6. Removed Substances Solids, sludges, filter backwash, or other pollutants removed in the course of treatment or control of wastewaters shall be utilized/disposed of in accordance with NCGS 143-2151 and in a manner such as to prevent any pollutant from such materials from entering waters of the State or navigable waters of the United States. The Permittee shall comply with all existing Federal regulations governing the disposal of sewage sludge. Upon promulgation of 40 CFR Part 503, any permit issued by the Permit Issuing Authority for the utilization/disposal of sludge may be reopened and modified, or revoked and reissued, to incorporate applicable requirements at 40 CFR 503. The Permittee shall comply with applicable 40 CFR 503 Standards for the Use and Disposal of Sewage Sludge (when promulgated) within the .time provided in the regulation, even if the permit is not modified to incorporate the requirement. The Permittee shall notify. the Permit Issuing Authority of any significant change in its sludge use or disposal practices. 7. Power Failures The Permittee is responsible for maintaining adequate safeguards (as required by 15A NCAC 2H.0124 — Reliability) to prevent the discharge of untreated or inadequately treated wastes during electrical power failures either by means of alternate power sources, standby generators or retention of inadequately treated effluent. Section D. Monitoring and Records 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 G)]. 2 Reporting Monitoring results obtained during the previous month(s) shall be summarized for each month and reported on a monthly Discharge Monitoring Report (DMR) Form (MR 1, Ll, 2, 3) or alternative forms approved by the Director, postmarked no later than the 28th day following the completed reporting period The first DMR is due on the last day of the month following the issuance of the permit or in the case of a new facility, on the last day of the month following the commencement of discharge. Duplicate signed copies of these, and all other reports required herein, shall be submitted to the following address: NC DENR / Division of Water Quality / Water Quality Section ATTENTION: Central Files 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Version 612012003 N NPDES Permit Requirements Page 9 of 16 3. Flow Measurements Appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges. The devices shall be installed, calibrated and maintained to ensure that the accuracy of the measurements is consistent with the accepted capability of that type of device. Devices selected shall be capable of measuring flows with a maximum deviation of less than 10% from the true discharge rates throughout the range of expected discharge volumes. Flow measurement devices shall be accurately calibrated at a minimum of once per year and maintained to ensure that the accuracy of the measurements is consistent with the accepted capability, of that type of device. The Director shall approve the flow measurement device and monitoring location prior to installation. Once -through condenser cooling water flow monitored by pump logs, or pump hour meters as specified in Part I of this permit and based on the manufacturers pump curves shall not be subject to this requirement 4. Test Procedures Test procedures for the analysis of pollutants shall conform to the EMC regulations (published pursuant to. NCGS 143-215.63 et. seq.), the Water and Air Quality Reporting Acts, and to regulations published pursuant to Section 304(g), 33 USC 1314, of the Federal Water Pollution Control Act (as Amended),, and 40 CFR 136; or in the case of sludge use or disposal, approved under 40 CFR 136, unless otherwise specified in 40 CFR 503, unless other test procedures have been specified in this permit [40 CFR 122.411. To meet the intent of the monitoring required by this permit, all test procedures must produce minimum detection and reporting levels that are below the permit discharge requirements and all data generated must be reported down to the minimum detection or lower reporting level of the procedure. If no approved methods are determined capable of achieving minimum detection and reporting levels below permit discharge requirements, then the most sensitive (method with the lowest possible detection and reporting level) approved method must be used 5. Penalties for Tampering The Clean Water Act provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any monitoring device or method required to be maintained under this permit shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. If a conviction of a person is for a violation committed after a first conviction of such person under this paragraph, punishment is a fine of not more than $20,000 per day of violation, or by imprisonment of not more than 4 years, or both [40 CFR 122.41]. 6. Records Retention Except for records of monitoring information required by this permit related to the Permittee's sewage sludge use and disposal activities, which shall be retained for a period of at least five years (or longer as required by 40 CFR 503), the Permittee shall retain records of all monitoring information, including. ➢ all calibration and maintenance records ➢ all original strip chart recordings for continuous monitoring instrumentation ➢ copies of all reports required by this permit ➢ copies of all data used to complete the application for this permit These records or copies shall be maintained for a period of at least 3 years from the date of the sample, measurement, report or application. This period may be extended by request of the Director at any time (40 CFR 122.41]. 7. Recording Results For each measurement or sample taken pursuant to the requirements of this permit, the Permittee shall record the following information [40 CFR 122.41]: . a. The date, exact place, and time of sampling or measurements; b. The individual(s) who performed the sampling or measurements; c. The date(s) analyses were performed; d. The individual(s) who performed the analyses; Version 612012003 4ft NPDES Permit Requirements Page 10 of 1G ' e. The analytical techniques or methods used; and £ The results of such analyses. 8. Inspection and Entev The Permittee shall allow the Director, or an authorized representative (including an authorized contractor acting as a representative of the Director), upon the presentation of credentials and other documents as may be required by law, to; a. Enter upon the Petmittee'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 Pit; c. Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this permit; and d. Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise authorized by the Clean Water Act, any substances or parameters at any location [40 CFR 122.41 (�]. Section E Reporting Requirements 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 (I)]. 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 alternation, addition or change may justify the application of permit conditions that are different from or absent in the existing permit, including notification of additional use or disposal sites not reported during the permit application process or not reported pursuant to an approved land application plan. 3. Antidpated 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 (I) (2)]. 4. Transfers This permit is not transferable to any person except after notice to the Director. The Director may require modification or revocation and reissuance of the permit to document the change of ownership. Any such action may incorporate other requirements as may be necessary under the Clean Water Act [40 CFR 122.41 0) (3)]. 5. Monitoring Reports Monitoring results shall be reported at the intervals specified elsewhere in this permit [40 CFR 122.41 (1) (4)]. a. Monitoring results must be reported on a Discharge Monitoring Report (DMR) (See Part II. D. 2) or forms provided by the Director for reporting results of monitoring of sludge use or disposal practices. b. If the Permittee monitors any pollutant more frequently than required by this permit, the results of such monitoring shall be included in the calculation and reporting of the data submitted on the DMR. Version 6/20/2003 NPDES Permit Requirements Page 11 of 16 6. Twenty-four FIour Reporting a. The Peimittee 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 (I) (6)]. b. The Director may waive the written report on a case -by -case basis for reports under this section if the oral report has been received within 24 hours. c. Occurrences outside normal business hours may also be reported to the Division's Emergency Response personnel at (800) 662-7956, (800) 858-0368 or (919) 733-3300. 7. Other Noncompliance The Permittee shall report all instances of noncompliance not reported -under Part II. E. 5 and 6. of this permit at the time monitoring reports are submitted.. The reports shall contain the information listed in Part II. E. 6. of this permit [40 CFR 122.410) (7)]. 8. Other Information Where the Permittee becomes aware that it failed to submit any relevant facts in a permit application, or submitted incorrect information in a permit application Orin any report to the Director, Jt 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 directly to receiving waters without treatment of all or any portion of the influent to such station or facility. Persons reporting such occurrences by telephone shall also file a written report within 5 days following first knowledge of the occurrence. 10. Availability of Reports Except for data determined to be confidential under NCGS 143-215.3 (a) (2) or Section 308 of the Federal Act, 33 USC 1318, all reports prepared in accordance with the terms shall be available for public inspection at the offices of the Division of Water Quality. As required by the Act, effluent data shall not be considered confidential. Knowingly making any false statement on any such report may result in the imposition of criminal penalties as provided for in NCGS 143-215.1(b)(2) or in Section 309 of the Federal Act 11. Penalties for Falsification of Reports The Clean Water Act provides that any person who knowingly makes any false statement, representation, or certification in any record or other document submitted or required to be maintained under this permit, including monitoring reports or reports of compliance or noncompliance shall, upon conviction, be punished by a fine of Version 612012003 NPDES Permit Requirements Page 12 of 16 not more than $25,000 per violation, or by imprisonment for not more than two years per violation, or by both [40 CFR 122.41]. 12. Annual Performance Reports Permittees who own or operate facilities that collect or treat municipal or domestic waste shall provide an annual report to the Permit Issuing Authority and to the users/customers served by the Permittee (NCGS 143-215.1 C). The report shall summarize the performance of the collection or treatment system, as well as the extent to which the facility was compliant with applicable Federal or State laws, regulations and rules perra,ning to water quality. The report shall be provided no later than sixty days after the end of the calendar or fiscal year, depending upon which annual period is used for evaluation. PART III OTHER REQUIREMENTS Section A. Construction The Permittee shall not commence construction of wastewater treatment facilities, nor add to the planes 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 constriction have been submitted by the Permittee and approved by the Division. Section B. Groundwater Monitoring The Permittee shall, upon written notice from the Director of the Division of Water Quality, conduct groundwater monitoring as may be required to determine the compliance of this NPDES permitted facility with the current groundwater standards. Section C. Changes in Discharges of Toxic Substances The Permittee shall notify the Permit Issuing Authority as soon as it knows or has reason to believe (40 CFR 122.42): a. That any activity has occurred or will occur which would result in the discharge, on a routine or frequent basis, of any toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the • following "notification levels"; (I) One hundred micrograms per liter 000 µg/L); (2) Two hundred micrograms per liter (200 µg/L) for acrolein and acrylonitrile; five hundred micrograms per liter (500 µg/L) for 2.4-dinitrophenol and for 2-methy1-4.6-dinitrophenol; and one milligram per liter 0 mg/L) for antimony; (3) Five times the maximum concentration value reported for that pollutant in the permit application. b. That any activity has occurred or will occur which would result in any discharge, on a non -routine -or infrequent basis, of a toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels"; (I) Five hundred micrograms per liter (500 µg/L); (2) One milligram per liter 0 mg/L) for antimony; (3) Ten times the maximum concentration value reported for that pollutant in the permit application. Section D. Evaluation of Wastewater Discharge Alternatives The Permittee shall evaluate all wastewater disposal alternatives and pursue the most environmentally sound alternative of the reasonably cost effective alternatives. If the facility is in substantial non-compliance with the terms and conditions of the NPDES permit or governing rules, regulations or laws, the Permittee shall submit a report in such form and detail as required by the Division evaluating these alternatives and a plan of action within 60 days of notification by the Division. Section E. Facility Closure Requirements The Permittee must notify the Division at least 90 days prior to the closure of any wastewater treatment system covered by this permit. The Division may require specific measures during deactivation of the system to prevent Version 6/2012003 NPDES Permit Requirements Page 13 of 16 adverse impacts to -waters of the State. This permit cannot be rescinded while any activities requiring this permit continue at the permitted facility. PART IV SPECIAL CONDITIONS FOR MUNCIPAL FACILITIES Section A. Publicly Owned Treatment Works (POTWs) All POTWs must provide adequate notice to the Director of the following 1. Any new introduction of pollutants into the POTW from an indirect discharger which would be subject to section 301 or 306 of CWA if it were directly discharging those pollutants; and 2. Any substantial change in the volume or character of pollutants being introduced by an indirect discharger as influent to that POTW at the time of issuance of the permit. 3. For purposes of this paragraph, adequate notice shall include information on (1) the quality and quantity of effluent introduced into the POTW, and (2) any anticipated impact of the change on the quantity or quality of effluent to be discharged from the POTW. Section B. Municipal Control of Pollutants from Industrial Users. 1. Effluent limitations are listed in Part I of this permit. Other pollutants attributable to inputs from industries using the municipal system may be present in the Permittee's discharge. At such time as sufficient information becomes available to establish limitations for such pollutants, this permit may be revised to specify effluent limitations for any. or all of such other pollutants in accordance with best practicable technology or water quality standards. 2. Under no circumstances shall the Permittee allow introduction of the following wastes in the waste treatment system: a. Pollutants which, create a fire or explosion hazard in the POTW, including, but not limited to, wastestreams with a closed cup flashpoint of less than 140 degrees Fahrenheit or 60 degrees Centigrade using the test methods specified in 40 CFR 261.21; b. Pollutants which will cause corrosive structural damage to the POTW, but in no case Discharges with pH lower than 5.0, unless the works is specifically designed to accommodate such Discharges; C. Solid or viscous pollutants in amounts which will cause obstruction to the flow in the POTW resulting in Interference; d. Any pollutant, including oxygen demanding pollutants (BOD, etc) released in a Discharge at a flow rate and/or pollutant concentration which will cause Interference with the POTW; e. Heat in amounts which will inhibit biological activity in the POTW resulting in Interference, but in no case heat in such quantities that the temperature at the POTW Treatment Plant exceeds 40°C (104°F) unless the Division, upon request of the POTW, approves alternate temperature limits; f. Petroleum oil, nonbiodegradable cutting oil, or products of mineral oil origin in amounts that will cause interference or pass through; g. Pollutants which result in the presence of toxic gases, vapors, or fumes within the POTW in a quantity that may cause acute worker health and safety problems; h. Any trucked or hauled pollutants, except at discharge points designated by the POTW. 3. With regard to the effluent requirements listed in Part I of this permit, it may be necessary for the Permittee to supplement the requirements of the Federal Pretreatment Standards (40 CFR, Part 403) to ensure compliance by the Permittee with all applicable effluent limitations. Such actions by the Permittee may be necessary regarding some or all of the industries discharging to the municipal system. 4. The Permittee shall require any industrial discharges sending influent to the permitted system to meet Federal Pretreatment Standards promulgated in response to Section 307(b) of the Act. Prior to accepting wastewater from any significant industrial user, the Permittee shall either develop and submit to the Version 62012003 00 NPDES Permit Requirements page 14of16 Division a Pretreatment Program for approval per 15A NCAC 2H .0907(a) or modify an existing Pretreatment Program per 15A NCAC 2H .0907(b). 5. " This permit shall be modified, or alternatively, revoked and reissued, to incorporate or modify an approved POTW Pretreatment Program or to include a compliance schedule for the development of a POTW Pretreatment Program as required under Section 402(b)(8) of the Clean Water Act and implementing regulations or by the requirements of the approved State pretreatment program, as appropriate. Section C. Pretreatment Programs Under authority of sections 307(b) and (c) and 402(b)(8) of the Clean Water Act and implementing regulations 40 CFR Part 403, North Carolina General Statute 143-215.3 (14) and implementing regulations 15A NCAC 2H .0900, and in accordance with the approved pretreatment program, all provisions and regulations contained and referenced in the Pretreatment Program Submittal are an enforceable part of this permit The Permittee shall operate its approved pretreatment program in accordance with Section 402(b)(8) of the Clean Water Act, the Federal Pretreatment Regulations 40 CFR Part 403, the State Pretreatment Regulations .15A NCAC 2H .0.900, and the legal authorities, policies, procedures, and financial provisions contained in its pretreatment program submission and Division approved modifications there of. Such operation shall include but is not limited to the implementation of the following conditions and requirements: 1. Sewer Use Ordinance (SUO) The Permittee shall maintain adequate legal authority to implement its approved pretreatment program. 2. Industrial Waste Survey Q WS) The Permittee shall update its Industrial Waste Survey (IWS) to include all users of the sewer collection system at least once every, five years. 3. Monitoring Plan The Permittee shall implement a Division approved Monitoring Plan for the collection of facility specific data to be used in a wastewater treatment plant Headworks Analysis (HWA) for the development of specific pretreatment local limits. Effluent data from the Plan shall be reported on the DMRs (as required by Part II, Section D, and Section E.S.). 4. Headworks Analysis (HWA) and Local Limits The Permittee shall obtain Division approval of a Headworks Analysis (HWA) at least once every five years, and as required by the Division. Within 180 days of the effective date of this permit (or any subsequent permit modification) the Permittee shall submit to the Division a written technical evaluation of the need to revise local limits (Le., an updated HWA or documentation of why one is not needed) [40 CFR 122.42]. The Permittee shall develop, in accordance with 40 CFR 403.5(c) and 15A NCAC 2H-.0909, specific Local Limits to implement the prohibitions listed in 40 CFR 403.5(a) and (b) and 15A NCAC 2H .0909. 5. Industrial User Pretreatment Permits (IUP) & Allocation Tables In accordance with NCGS 143-215.1, the Permittee shall issue to all significant industrial users, permits for operation of pretreatment equipment and discharge to the Permittee's treatment works. These permits shall contain limitations, sampling protocols, reporting requirements, appropriate standard and special conditions, and compliance schedules as necessary for the installation of treatment and control technologies to assure that their wastewater discharge will meet all applicable pretreatment standards and requirements. The Permittee shall maintain a current Allocation Table (AT) which s»* m-2res the results of the Headworks Analysis (HWA) and the limits from all Industrial User Pretreatment Permits (IUP). Permitted IUP loadings for each parameter cannot exceed the treatment capacity, of the POTW as determined by the HWA. Version 612012003 00 NPDES Permit Requirements Page 15 of 16 6. Authorization to Construct (A to C) The Permittee shall ensure that an Authorization to Construct permit (AtC) is issued to all applicable industrial users for the construction or modification of any pretreatment facility. Prior to the issuance of an AtC, the proposed pretreatment facility and treatment process must be evaluated for its capacity to comply with all Industrial User Pretreatment Permit MR) limitations. 7. POTW Inspection & Monitoring of their SIUs The Permittee shall conduct inspection, surveillance, and monitoring activities as described in its Division approved pretreatment program in order to determine, independent of information supplied by industrial users, compliance with applicable pretreatment standards. The Permittee must: a. Inspect all Significant Industrial Users (SIUs) at least once per calendar year; and b. Sample all Significant Industrial Users (SIUs) at least twice per calendar year for all permit - limited pollutants, once during the period from January 1 through June 30 and once during the period from July 1 through December 31, except for organic compounds:,which shall be sampled once per calendar year, 8. SILT Self Monitoring and Reporting The Permittee shall require all industrial users to comply with the applicable monitoring and reporting requirements outlined in the Division approved pretreatment program, the industry's pretreatment permit, or in 15A NCAC 2H .0908. 9. Enforcement Response Plan 1 The Permittee shall enforce and obtain appropriate remedies for violations of all pretreatment standards promulgated pursuant to section 307(b) and (c) of the Clean Water Act (40 CFR 405 et. seq.), prohibitive discharge standards as set forth in 40 CFR 403.5 and 15A NCAC 2H .0909, and specific local limitations. All enforcement actions shall be consistent with the Enforcement Response Plan, (ERP) approved by time Division. 10. Pretreatment Annual Reports The Permittee shall report to the Division in accordance with 15A NCAC 2H .0908. In lieu of submitting annual reports, Modified Pretreatment Programs developed under 15A NCAC 2H .0904 (b) may be required to meet with Division personnel periodically to discuss enforcement of pretreatment requirements and other pretreatment implementation issues. For all other active pretreatment programs, the Permittee shall submit two copies of a Pretreatment Annual Report (PAR) describing its pretreatment activities over the previous twelve months to the Division at the following address: NC DENR / DWQ / Pretreatment Unit 1617 Mail Service Center Raleigh, NC 27699-1617 These reports shall be submitted according to a schedule established by the Director and shall contain the following a.) Narrative A brief discussion -of reasons for, status of, and actions taken for all Significant Industrial Users (SIUs) in Significant Non -Compliance (SNC); b.) Pretreatment Program Summary (PPSI A pretreatment program, summary (PPS) on specific forms approved by the Division; c.) Sia.�ficant Non -Compliance Roo t-(SNM 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 , SF) Version 61012003 00 NPDES Permit Requirements - Page 16 of IC Monitoring data from samples collected by both the POTW and the Significant Industrial User (SILT). These analytical results must be reported on Industrial Data Summary Forms (IDSF) or other specific format approved by the Division; e.) Other Information Copies of the POTW's allocation table, new or modified enforcement compliance schedules, public notice of SIUs in SNC, and any other information, upon request, which in the opinion of the Director is needed to - determine compliance with the pretreatment implementation requirements of this permit, 11. Public Notice The Permittee shall publish annually a list of Significant Industrial Users (SIUs) that were in Significant Non -Compliance (SNC) as defined in the Permittee's Division approved Sewer Use Ordinance with applicable pretreatment requirements and standards during the previous twelve month period. This list shall be published within four months of the applicable twelve-month period. 12. Record Keeping The Permittee shall retain for a minimum of three years records of monitoring activities and results, along with support information including general records, water quality records, and records of industrial impact on the POTW. 13. Funding and Financial Report The Permittee shall maintain adequate funding and staffing levels to accomplish the objectives of its approved pretreatment program. 14. Modification to Pretreatment Programs Modifications to the approved pretreatment program .including but not limited to local Emits modifications, POTW monitoring of 'their' Significant Industrial Users (SIUs), and Monitoring Plan modifications, shall be considered a permit modification and shall be governed by 15 NCAC 2H .0114 and 15A NCAC 2H.0907.. Version 612012003 Frazier, Wanda From: Sent: To: Cc: Subject: Attachments: Hi Charles, Frazier, Wanda Thursday, October 28, 2010 4:11 PM Weaver, Charles Edwards, Roger NCO020460 DRAFT permit renewal 2010 20460map.ppt; 20460_box 2010.doc; 20460 a cover page 2010.doc; NCO020460 9-26-07.pdf Everything looks good. Attached is the most recent inspection report and facility info cover page . Here's what I would suggest. Supplement to permit cover page: (see attachment) Continue to operate 0.005 MGD Septic Tank — Surface Sand Filter system consisting of: 5000 gallon septic tank; distribution box (siphon bell removed) with filter (accessible via manhole); — 85' L x 60' W (-5100 sq ft) surface sand filter with 4-inch diameter perforated pvc laterals; tablet chlorinator; chlorine dissipation pond; tablet dechlorinator; and effluent gravity outfall. I feel that everything else in the attached documents is accurate. ARO recommends renewal of this permit. Let me know if you have questions or comments. (Note: This is the one that had the wrong expedited fact sheet.) Thanks, Wanda Wanda Frazier 1 Email: Wanda. Frazier@ncdenr.gov North Carolina Department of Environment and Natural Resources Asheville Regional Office Division of Water Quality Surface Water Protection Section 2090 US 70 Highway Swannanoa, NC 28778 Switchboard: 828-296-4500 x 4662 Direct line: 828-296-4662 Fax: 828-299-7043 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: Frazier, Wanda Sent: Thursday, October 28, 2010 2:47 PM To: Weaver, Charles Subject: FW: DRAFT permit renewal for NC0020460 Hey Charles, The attached fact sheet is actually for: The Balsam Center. Charles H. Weaver — 10/7/2010 NC0032361 Balsam Center for Hope & Recovery WWTP Can you try to send the one for Sliding Rock Rec Area? Also, Beginning Monday, November 15L, I will be on vacation until November 16tn I'll try to get the ones finished that you sent today, before I leave. Thanks, Wanda Wanda Frazier Email: Wanda.Frazier@ncdenr.gov North Carolina Department of Environment and Natural Resources Asheville Regional Office Division of Water Quality Surface Water Protection Section 2090 US 70 Highway Swannanoa, NC 28778 Switchboard: 828-296-4500 x 4662 Direct line: 828-296-4662 Fax: 828-299-7043 Notice: E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and therefore may be disclosed to third parties. From: Weaver, Charles Sent: Thursday, October 28, 2010 11:15 AM To: Frazier, Wanda; Pugh, James L. Subject: DRAFT permit renewal for NC0020460 This is a class WW-2 facility in Transylvania County. The draft will go to Notice on November 10tn Send me any comments before then. Thanks, CHW 3 7�lvj�- 17,0 4) Permit NCO020460 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY PF,RMTT TO DISCHARGE WASTEWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provision of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, the U.S. Department of Agriculture (U.S. Forest Service) is hereby authorized to discharge wastewater from a facility located at the Sliding Rock Recreation Area WWTP U.S. Highway 276 north of Pisgah Forest Transylvania County to receiving waters designated as Looking Glass Creek in subbasin 04-03-03 of the French Broad River Basin in accordance with effluent limitations, monitoring requirements, and other conditions set forth in Parts I, II, III and IV hereof. This permit shall become effective This permit and authorization to discharge shall expire at midnight on January 31, 2016. Signed this day Coleen H. Sullins, Director Division of Water Quality By Authority of the Environmental Management Commission Permit NC0020460 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. The U.S. Department of Agriculture (U. S. Forest Service) is hereby authorized to: Continue to operate an existing 0.005 MGD wastewater treatment facility that includes the following components: ♦ 5,000-gallon septic tank ♦ Sand filter ♦ Tablet chlorine disinfection ♦ Chlorine dissipation pond This facility is located north of Pisgah Forest on U.S. Highway 276 at the Sliding Rock Recreation Area WWTP in Transylvania County. 2. Discharge from said treatment works at the location specified on the attached map into Looking Glass Creek, currently classified B-Trout HQW waters in hydrologic unit 06010105 of the French Broad River Basin. ��ra �� ";�o �6 Permit NCO020460 A. (1) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS During the period beginning on the effective date of this permit and lasting until expiration, the Permittee is authorized to discharge from outfall 001. Such discharges shall be limited and monitored by the Permittee as specified below: PARAMETER LIMITS MONITORING REQUIREMENTS [PCS code] Monthly , Daily Measurement Sample Sample Averse Maximum Fre uenc` a Location Flow 0.005 MGD Weekly Instantaneous Influent or 50050 Effluent BOD, 5-day (20°C) 30.0 mg/L 45.0 mg/L 2/Month Grab Effluent C0310 Total Suspended Solids 30.0 mg/L 45.0 mg/L 2/Month Grab Effluent C0530 NH3 as N Monthly Grab Effluent C0610 Total Residual Chlorine (TRC)l 28 Ng/L 2/Month Grab Effluent 50060 Fecal Coliform (geometric mean) 200/100mL 400/100mL 2/Month Grab Effluent 31616 Temperature (°C) Weekly Grab Effluent 00010 pH > 6.0 and < 9.0 standard units 2/Month Grab Effluent 00400 Footnotes: 1. The facility shall report all effluent TRC values reported by a NC certified laboratory including field certified. However, effluent values below 50 µg/L will be treated as zero for compliance purposes. There shall be no discharge of floating solids or visible foam in other than trace amounts. 4., L. - --7 i,) /T I Discharge location s_N"n� l� 400 sal 4 j ! �4 ,41 '�` ��^�.`.� t—,�'��., � I Yr� �� 4 � i-r"T�•� 1 ��...4 .y�y - P'� ',. �^,.q.- 1' A ,\ '"'� , \•'� aye"_'-a� "� i } 'a 1 wi _ All, Sliding Rock Recreation Area - NCO020460 USGS Quad Name: Shining Rock Latitude: Receiving Stream: Looking Glass Creek 35018'25" Stream Class: B-Trout HQW Longitude: Subbasin: French Broad - 04 03 03 82047'05" Facility Location North Map not to SCALE NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary June 16, 2010 CHARLES F GAY NF NC ENGINEERING 160-A ZILLICOA STREET ASHEVILLE NC 28801-1082 Subject: Receipt of permit renewal application NPDES Permit NCO020460 �SIl`d_O�G�eC�e�tlOTl Et�rG��'. 1# ansylvana County Dear Mr. Gay: The NPDES Unit received your permit renewal application on June 10, 2010. A member of the NPDES Unit willreview your application. They will contact you if additional information is required to complete your permit renewal. You should expect to receive a draft permit approximately 30-45 days before your existing permit expires. If you have any additional questions concerning renewal of the subject permit, please contact Charles Weaver at (919) 807-6391. Sincerely, L�� jjo"�� Dina Sprinkle Point Source Branch cc: CENTRAL FILES rll' ' io an 1 O� Aice/Surface Water Protection M NPDES Unit Juanita James, James& James Environmental Management, Inc ,"3801 Asheville Htivy, I Ieriderso'iiville, NC 28791k nn I FRI, J U N 2 1 2010 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 ; Location: 512 N. Salisbury St, Raleigh, North Carolina 27604 7"C L nne. Phone: 919-807-6300 \ FAX: 919-807-6492 \ Customer Service: 1-877-623-6748 WATER QUALITY S — C.c`13 o.]si:11� Internet: www.ncwaterquality.org i ASHEVILLE RC- 7 r t.. An Equal Opportunity i Affirmative Action Employer s. • ^`� rE;�; • •�..: yytµNF`��. Y,, James & James Environmental Management, Inc. 3801 Asheville Hwy., Hendersonville, N. C. 28791 OFFICE: (828) 697-0063 FAX: (828) 697-0065 June 7, 2010 N. C. Department of Environment and Natural Resources Division of Water Quality/NPDES Unit 1617 Mail Service Center Raleigh, N. C. 27699-1617 Regarding All Waste Water Facilities Operated by James & James To Whom It May Concern: This letter is to request the renewal for the waste water treatment facility of Sliding Rock Recreation Area, NPDES number NC0020460. Sincerely 2es Juanita James and James Environmental Mgt., Inc. NPDES APP ,ATION FOR PERMIT RENEW - FORM D For privately owned treatment systems treating 100% domestic wastewaters <0.1 MGD Mail the complete application to: N. C. Department of Environment and Natural Resources Division of Water Quality / NPDES Unit 1617 Mail Service Center, Raleigh, NC 27699-1617 NPDES Permit CO020460 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 Facility Name Mailing Address City State / Zip Code Telephone Number Fax Number e-mail Address USDA FOREST SERVICE/LYNN L. HICKS SLIDING ROCK RECREATION AREA 160-A ZILLICOA ST. ASHEVILLE NORTH CAROLINA 28801-1082 (828-)257-4200 PD) ��`637 , (828)257-4884 I . Mc 10 POINT �Gis'=2;:v e; 2. Location of facility producing discharge: Check here if same address as above ❑ Street Address or State Road US HIGHWAY 276 NORTH OF PISGAH FOREST City PISGAH FOREST State / Zip Code NORTH CAROLINA 28768 County TRANSYLVANIA COUNTY 3. Operator Information: Name of the firm, public organization or other entity that operates the facility. (Note that this is not referring to the Operator in Responsible Charge or ORC) Name JAMES & JAMES ENVIRONMENTAL MGT., INC. Mailing Address P.O. BOX 519 City MOUNTAIN HOME State / Zip Code NORTH CAROLINA 28758 Telephone Number (828)697-0063 Fax Number (828)697-0065 1 of 3 Form-D 1/06 NPDES APP ATION FOR PERMIT RENEWJ._ _ FORM D For privately owned treatment systems treating 100% domestic wastewaters <0.1 MGD 4. Description of wastewater: Facilitv Generating Wastewater(check all that apply): Industrial ❑ Number of Employees Commercial ❑ Number of Employees Residential ❑ Number of Homes School ❑ Number of Students/Staff Other ® Explain: REC. Describe the source(s) of wastewater (example: subdivision, mobile home park, shopping centers, restaurants, etc.): RECREATION AREA Population served: 50 5. Type of collection system ® Separate (sanitary sewer only) ❑ Combined (storm sewer and sanitary sewer) 6. Outfall Information: Number of separate discharge points 1 Outfall Identification number(s) 001 Is the outfall equipped with a diffuser? ❑ Yes ® No 7. Name of receiving stream(s) (Provide a map showing the exact location of each outfall): LOOKING GLASS CREEK IN THE FRENCH BROAD RIVER BASIN 8. Frequency of Discharge: ® Continuous ❑ Intermittent If intermittent: Days per week discharge occurs: Duration: 9. Describe the treatment system List all installed components, including capacity, provide design removal for BOD, TSS, nitrogen and phosphorus. If the space provided is not sufficient, attach the description of the treatment system in a separate sheet of paper. AN EXISTING 0.005 MGD FACILITY WITH 5,000 GALLON SEPTIC TANK, SAND FILTER, TABLET CHLORINATION,CHLORINE DISSIPATION POND 2 of 3 Form-D 1106 NPDES APPI kTION FOR PERMIT RENEWAL FORM D For privately owned treatment systems treating 100% domestic wastewaters <0.1 MGD 10. Flow Information: Treatment Plant Design flow 0.005 MGD Annual Average daily flow 0.0007 MGD (for the previous 3 years) Maximum daily flow 0. 00 14 MGD (for the previous 3 years) 11. Is this facility located on Indian country? ❑ Yes ® No 12. Effluent Data Provide data for the parameters listed. Fecal Coliform, Temperature and pH shall be grab samples, for all other parameters 24-hour composite sampling shall be used. Effluent testing data must be based on at least three samples and must be no more than four and one half years old. Parameter Daily Maximum Monthly Average Units of Measurement Number of Samples Biochemical Oxygen Demand (BODs) 9.48 4.7 MG/L 2 Fecal Coliform 136 11.7 #/ 100ML 2 Total Suspended Solids 18.7 11.1 MG/L 2 Temperature (Summer) 18.4 18.0 C 4 Temperature (Winter) CLOSED CLOSED C pH 6.8 1. 6.7 UNITS 3 13. List all permits, construction approvals and/or applications: Type Permit Number Type Permit Number Hazardous Waste (RCRA) NESHAPS (CAA) UIC (SDWA) Ocean Dumping (MPRSA) NPDES NCO0204060 Dredge or fill (Section 404 or CWA) PSD (CAA) Special Order of Consent (SOC) Non -attainment program (CAA) Other 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. Printed name of Person gning Title Form-D 1/06 3of4 NPDES APPI kTION FOR PERMIT RENEW FORM D For private o.Wned treatment systems treating 100% domestic wastewaters <0.1 MGD IW North Carolina Generdi'attion tute 143-215.6 (b)(2) states: Any person who knowingly makes any false statement representation, or ce in any application, record, report, plan, or other document files or required to be maintained under Article 21 or regulations of the Environmental Management Commission implementing that Article, or who falsifies, tampers with, or knowly renders inaccurate any recording or monitoring device or method required to be operated or maintained under Article 21 or regulations of the Environmental Management Commission implementing that Article, shall be guilty of a misdemeanor punishable by a fine not to exceed $25,000, or by imprisonment not to exceed six months, or by both. (18 U.S.C. Section 1001 provides a punishment by a fine of not more than $25,000 or imprisonment not more than 5 years, or both, for a similar offense.) Form-D 1106 4of4 James & James Environmental Management, Inc. 3801 Asheville Hwy., Hendersonville, N. C. 28791 OFFICE: (828) 697-0063 FAX: (828) 697-0065 June 7, 2010 N. C. Department of Environment and Natural Resources Division of Water Quality/NPDES Unit 1617 Mail Service Center Raleigh, N. C. 27699-1617 Regarding All Waste Water Facilities Operated by James & James To Whom It May Concern: Sludge from this facility (Sliding Rock Recreation Area) is pumped by Mike's Septic Tank Service and is permitted to be dumped at Brevard Waste Treatment System and MSD. Sincerely Juanita es James and James Environmental Mgt., Inc. O� WA%`� � Michael F. Easley, Governor �Q State of North Carolina G William G. Ross, Jr., Secretary rDepartment of Environment and Natural Resources 7 Alan W. Klimek, P.E., Director 'T Division of Water Quality July 5, 2006 Ms. Lynn L. Hicks Acting Deputy Forest Supervisor P.O. Box 2750 Asheville, North Carolina 28802 Subject: Draft NPDES Permit Permit NCO020460 Sliding Rock Recreation Area WWTP . Transylvania County Dear Ms. Hicks: 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. This draft has the following significant changes from your current permit: • A TRC limit has been added to the permit. The limit and monitoring requirements will take effect 18 months after the effective date of the final permit. These requirements apply only if chlorine is used for disinfection. • Fecal coliform limits have been added to the permit based on the class B stream classification of Looking Class Creek. The classification indicates that a designated use of this waterbody includes primary recreation. Submit any comments to me no later than thirty days following your receipt of the draft. Comments should be sent to the address listed at the bottom of this page. If no adverse comments are received from the public or from you, this permit will likely be issued in two months. If you have any questions or comments concerning this draft permit, please contact me at (919) 733-5083 x 551 or via email at toya.fields@ncmail.net. Sincerely, .,°Z LeTo a Fields Y Western NPDES Program, cc: itArshevlllERegrorial'Office,_S_iar_face Water Protection i NPDES Unit JUL - 5 2006 VVATER QUALITY SECTION ASHEVILLE REGK)NAL OFFICE 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone (919) 733-7015 FAX (919) 733-0719 NorthCarolina 512 N. Salisbury Street, Raleigh, North Carolina 27604 On the Internet at http://www.ncwaterquality.org JVatandly An Equal Opportunity/Affirmative Action Employer to 00-- Permit NCO020460 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY PERMIT TO DISCHARGE WASTEWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provision of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, the U.S. Department of Agriculture (Forest Service) is hereby authorized to discharge wastewater from a facility located at the Sliding Rock Recreation Area WWTP U.S. Highway 276 North of Pisgah Forest Transylvania County to receiving waters designated as Looking Glass 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. This permit and authorization to discharge shall expire at midnight on January 31, 2011. Signed this day. Alan W. Klimek, P.E., Director Division of Water Quality By Authority of the Environmental Management Commission So Perni t NCO020460 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. The U.S. Department of Agriculture (Forest Service) is hereby authorized to: 1. Continue to operate an existing 0.005 MGD wastewater treatment facility with the following components: ♦ 5,000-gallon septic tank ♦ Sand filter ♦ Tablet chlorination ♦ Chlorine dissipation pond This facility is located north of Pisgah Forest on U.S. Highway 276 at the Sliding Rock Recreation Area WWTP in Transylvania County. 2. Discharge from said treatment works at the location specified on the attached map into Looking Glass Creek, classified B-Trout HQW waters in the French Broad River Basin. Permit NC0020460 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: Flow 0.005 MGD Weekly Instantaneous Influent or Effluent BOD, 5-day (20°C) 30.0 mg/L 45.0 mg/L 2/Month Grab Effluent Total Suspended Solids 30.0 mg/L 45.0 mg/L 2/Month Grab Effluent NH3 as N Monthly Grab Effluent Total Residual Chlorine' 28.0 leg/L 2/Month Grab Effluent Fecal Coliform (geometric mean) 200/ 100mL 400/ 100mL 2/Month Grab Effluent Temperature (°C) Weekly Grab Effluent pH2 2/Month Grab Effluent Footnotes: 1. TRC limit shall take effect 18 months after the effective date of the final permit. Limit and monitoring requirement apply only if chlorine is used for disinfection. 2. The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units. There shall be no discharge of floating solids or visible foam in other than trace 'amounts. O�0� W ATF19 Michael F. Easley Governor 0 y William G. Ross, Jr., Secretary NCDENR North Carolina Department of Environment and Natural Resources O 'C Kerr T. Stevens, Director Division of Water Quality January 29, 2001 Mr. Art Rowe = District Ranger U.S.D.A. — Forest Service; wt LO P.O. Box 2750 Asheville, North Carolina 28802� Subject: Issuance of NPDES Perm'itNC00"' 460 Sliding Rock Recreation Area WWTP Transylvania County Dear Mr. Rowe: 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). If any parts, measurement frequencies or sampling requirements contained in this permit are unacceptable to you, you have the right to an adjudicatory hearing upon written request within thirty (30) days following receipt of this letter. This request must be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings (6714 Mail Service Center, Raleigh, North Carolina 27699-6714). Unless such demand is made, this decision shall be final and binding. Please note that this permit is not transferable except after notice to the Division. The Division may require modification or revocation and reissuance of the permit. This permit does not affect the legal requirements to obtain other permits which may be required by the Division of Water Quality or permits required by the Division of Land Resources, the Coastal Area Management Act or any other Federal or Local governmental permit that may be required. If you have any questions concerning this permit, please contact Charles Weaver at telephone number (919) 733-5083, extension 511. cc: Central Files Asheville Regional Office/Water Quality Section NPDES Unit Point Source Compliance Enforcement Unit N. C. Division of Water Quality / NPDES Unit 1617 Mail Service Center, Raleigh, NC 27699-1617 Internet: h2o.enr.state. nc.us Sincerely, Original Signed By David A. Goodrich Kerr T. Stevens Phone: (919) 733-5083 fax: (919) 733-0719 DENR Customer Service Center: 1 800 623-7748 N go Permit NCO020460 - STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY PERMIT TO DISCHARGE WASTEWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provision of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, the U.S. Department of Agriculture (Forest Service) is hereby authorized to discharge wastewater from a facility located at the Sliding Rock Recreation Area WWTP U.S. Highway 276 north of Pisgah Forest Transylvania County to receiving waters designated as Looking Glass 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 March 1, 2001. This permit and authorization to discharge shall expire at midnight on January 31, 2006. Signed this day January 29, 2001. Original Signed By David X Goodrich Kerr T. Stevens, Director Division of Water Quality By Authority of the Environmental. Management Commission so so Permit NCO020460 SUPPLEMENT TO PERMIT COVER SHEET The U.S. Department of Agriculture (Forest Service) is hereby authorized to: 1. Continue to operate an existing 0.005 MGD wastewater treatment facility with the following components: ♦ 5,000-gallon septic tank ♦ Sand filter ♦ Tablet chlorination ♦ Chlorine dissipation pond This facility is "located north of Pisgah Forest on U.S. Highway 276 at the Sliding Rock Recreation Area WWTP in Transylvania County. 2. Discharge from said treatment works at the location specified on the attached map into Looking Glass Creek, classified C-Trout HQW waters in the French Broad River Basin. Latitude: 35" 18'25" _ Facility N00020460��� Longitude: 82 -47'05" Location ' f Quad #: F7SE Sliding Rock Stream Class: C-Trout HQVG' Recreation Area W'P W'I Subbasin: 40303 Receiving Stream: Looking Glass Creek SCALE 1 :24000 Permit NCO020460 A. (I.) 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 Average Daily - Maximum Measurement .Fre uenc . Sample Type Sample Location Flow 0.005 MGD Weekly Instantaneous Influent or Effluent BOD, 5-day (20°C) 30.0 mg/L 45.0 mg/L 2/Month Grab Effluent Total Suspended Residue 30.0 mg/L 45.0 mg/L 2/Month Grab Effluent NH3 as N Monthly Grab Effluent Fecal Coliform (geometric mean) 2/Month Grab Effluent Temperature (T) Weekly Grab Effluent pHi 2/Month 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. SOC PRIORITY PROJECT: IF YES, SOC NUMBER TO: PERMITS AND ENGINEERING UNIT WATER QUALITY SECTION ATTENTION: Dana Bolden DATE: July 5, 1995 NPDES STAFF REPORT AND RECOMMENDATION COUNTY Transylvania PERMIT NUMBER NCO020460 PART I - GENERAL INFORMATION Yes No XX 1. Facility and Address: U.S. Forest Service Sliding Rock Recreation Area Mailing: Robert C. Joslin, Regional Forester U.S. Forest Service 1720 Peachtree Road NW Atlanta, Georgia 30367 2. Date of Investigation: July 11, 1995 3. Report Prepared By: Kerry S. Becker 4. Persons Contacted and Telephone Number: 5. Directions to Site: From the intersection of U.S. Hwys 64, 280, and 276 at Pisgah Forest, NC, travel on Hwy. 276 approximately 8 miles to Sliding Rock Recreational Area on the left. 6. Discharge Point(s), List for all discharge points: Latitude: 350 181 2511 Longitude: 820 47' 05" Attach a USGS map extract and indicate treatment facility site and discharge point on map. U.S.G.S. Quad No. F7SE U.S.G.S. Quad Name Shining Rock, NC Page 1 db. 7. Site size and expansion area consistent with application? _x Yes No If No, explain: 8. Topography (relationship to flood plain included): Rolling to steep 9. Location of nearest dwelling: >100 ft. 10. Receiving stream or affected surface waters: Looking Glass Crk. a. Classification: C Trout HQW b. River Basin and Subbasin No.: FRB 04-03-03 C. Describe receiving stream features and pertinent downstream .uses: Lookinq,CEpak as well as the Davidson River into which it flows is used extensively for recreational purposes. 7g- PART II - DESCRIPTION OF DISCHARGE AND TREATMENT WORKS 1. a. Volume of wastewater to be permitted 0.0050 MGD (Ultimate Design Capacity) b. What is the current permitted capacity of the Wastewater Treatment facility? 0.0050 MGD C. Actual treatment capacity of the current facility (current design capacity 0.005 MGD d. Date(s) and construction activities allowed by previous Authorizations to Construct issued in the previous two years: None e. Please provide a description of existing or substantially constructed wastewater treatment facilities: The existing facility consists of a septic tank/surface sand filter. f. Please provide a description of proposed wastewater treatment facilities: g. Possible toxic impacts to surface waters: None known h. Pretreatment Program (POTWs only): in development approved should be required not needed Page 2 2. Residuals handling and utilization/disposal scheme: Sludge will be disposed of via a contract hauler to the City of Brevard's sludge handling facilities. a. If residuals are being land applied, please specify DEM Permit Number Residuals Contractor Telephone Number b. Residuals stabilization: PSRP PFRP OTHER C. Landfill: d. Other disposal/utilization scheme (Specify): 3. Treatment plant classification (attach completed rating sheet): Class I 4. SIC Codes (s) : Primary 7999 Secondary Wastewater Codes: Primary 13 Main Treatment Unit Code: 440-7 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: 3. Important SOC, JOC, or Compliance Schedule dates: (Please indicate) 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. Page 3 so Spray Irrigation: Connection to Regional Sewer System: Subsurface: Other disposal options: 5. Other Special Items: PART IV - EVALUATION AND RECOM ENDATIONS The Asheville Regional Office recommends renewal of NPDES permit ##NC0020460. Signatur of Repamt Preparer r ater uality Regional Supervisor Da Page 4 �, � Aa t—'I I' D bivision or UVaier Resources OCT 1 6 2017 Water QuRYN Renionai Operations ..JAY ZIMMERMAN September 26, 2017 Hurston A Nicholas, Forest Supervisor USDA U S Forest Service 160a Zillicoa St Asheville, NC 28801 SUBJECT: NOTICE OF VIOLATION Tracking Number: NOV-2017-V-0176 Permit No. NCO020460 Sliding Rock Recreation Area WWTP Transylvania County Dear Permittee: A review of the July 2017 Discharge Monitoring Report (DMR) for the subject facility revealed the Aoiation(s) indicated below: Monitoring`3&kfioni'sl. Sample Location Parameter Monitoring Date Frequency TYpe Of Violation U01 htrluent 801), 5-Day (20 Deg. C) - 7/31/2017 2 X /month Frequency Violation Concentration (C0310) 001 Effluent Coliforrn, Fecal MF, MFC Broth, 7/31/2017 2 X/ month Frequency Violation 44.5 C (31616) 001 Effluent Solids, Total Suspended - 7131/2017 2 X /month Frequency Violation Concentration (C0530) 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. State of North Carolina I Environmental Quality 1 Water Resources 2090 U.S. 70 Highway, Swannanoa, NC 28778 R7.R-296,4500 were left off inadvertently, please amend the EDMR and send two signed and amended days of receipt of this letter to Raleigh... If you have any questions concerning this matter, please contact Jahet Cantwell of the Asheville Regional Office at 828-296-4500. Sincerely, G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDEQ Ec: WQS Asheville Regional Office - Enforcement File NPDES Compliance/Enforcement Unit - Enforcement File S:\WR\WQ\Transylvania W,istemter\Minors\SWiivj Rock 20460\NOV-2017-MV-0176.rtf ENviRaNMENTAL Inc ■ water a wastewat" serweos �i Lieu 1176? Mailing Address: PO Box 954, Cullowhee, NC 28723 Physical Address: 2675 Skyland Drive, Sylva, NC 28779 (828) 586-5588 Phvsical Address: 240-D Swannanoa River Road, Asheville, NC 28805 (828) 350-8704 Toll Free: (800) 213-4035, Fax: (828) 586-0800, Email• enviroiiM- hftp://www.environmentalinc.co/ February 14, 2017 North Carolina Department of Environment and Natural Resources Water Quality Regional Operations- Asheville Regional Office Attention: Janet Cantwell 2090 US Highway 70 Swannanoa, NC 28778 RE: Notice of Violation & Intent To Assess Civil Penalty Tracking #: NOV—2017-LV-0121 Sliding Rock Recreation Area WWTP NPDES Permit No. NCO020460 Transylvania County Dear Ms. Cantwell, Per the Notice of Violation for Sliding Rock Recreation Area WWTP; the monthly average of the Solids, Total Suspended for October was exceeded, we are planning on pumping all the septic tanks and the dosing bale as well as inspect the lateral lines in the sand filter to see if there is a problem that caused the exceedance. I have discussed the plan with Charlie Gay of the US Forest Service. If you have any further questions, please feel free to contact me. Sin cerely, J&� Mark Teague Environmental, Inc. Certified Mail #10151520 0003 53 2909 Return Receipt Requ February 8, 2017 Hurston A Nicholas, Forest Supervisor USDA U S Forest Service 160a Zillicoa St Asheville, NC 28801 SUBJECT; NOTICE OF VIOLATION.& INTENT TO ASSESS CIVIL PENALTY Tracking Number: NOV-2017-LV-0121 Permit No. N00020460 Sliding Rock Recreation Area WWTP Transylvania County Dear Permittee: A review of the Octoha 2016 Discharge Monitoring Report (DMR) for the subject facility revealed the Violation(s) indicated below: Limit exceedance Vlolationfs ., sample Location Parameter Limit Reported Date Value Value Type of Violation 001 Effluent Solids, Total Suspended - 10/31/2016 30 36.15 Monthly Average Exceeded Concentration (CQ530) A Notice of Violation/Intent to Issue Civil Penalty is being issued for the noted violation of North Carolina General Statute (G.S.) 143-215.1 and the facility's NPDES Permit. Pursuant to G.S. 143-215.6A, a civil penalty of not more than twenty-five thousand dollars ($25,000.00) may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of any permit issued pursuant to G.S. 143-215.1. If you wish to provide additional Information regarding the noted violation, request technical assistance, or discuss overall compliance please respond in writing within ten (IDIbusiness days after receipt of this Notice. A review of your response will be considered along with any information provided on the submitted Discharge Monitoring Report(s). You will then -be notified of any civil penaltiigs that may be assessed regarding the violations. If no response is received in this Office withiwt the 10-day period, a civil penalty assessment may be prepared. Statc o£Norttl Carolina I Lnviranmeutal Quasi sty I Water Resotuaes 2090 U.S. 70 Highway, Swannanoa, NC 28778 a179.00A.nsnn i have already been taken to correct this problem and prevent further occurrences in the . Water Resources may pursue enforcement action for this and any additional 'violatans of Reminder: Pursuant to Permit ConAL-tpn G in Section E, the Permitlee is required to verbally notify the Regional Office as soon as possible, not to exceed 24 hours, from first knowledge of any non-compliance at the facility including. limit: violations, bypasses of, or failure of a treatment unit. A written report may be required within 5 days if directed by Division staff. Prior notice should be given for anticipated or potential problems due to planned maintenance activities, taking units off-line, etc. If you have any questions concerning this matter, please contact Janet Cantwell of the Asheville Regional Office at 828-296-4500. Sincerely, G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional .Operations Section . Asheville Regional Office Division of Water Resources, NCDEQ Cc: ' WQS Asheville Regional Office - Enforcement File NPDES Compliance/Enforcement Unit - Enforcement File Environmental Inc./ ORC - G:iSNR�VdglSwaq�wh wAt�rtiMlncaslNantahelaVillage Rt$Ort3773AN0V-N0P•1A17-l-V-000GAf mes & James Environmental Management, Inc. BOX 519, MOUNTAIN HOME, NC 28758 .8) 697-0063 OFFICE i8) 697-0065 FAX February 26, 2016 Water Quality Operations Center Asheville Regional Office 2090 U. S. Highway 70 Asheville, NC 28778 RE: Sliding Rock Recreation Area WWTP Permit No. NCO020460 NOV-2016-LV-0087 Dear Ms. Cantwell, This letter is in response to the above NOV for Sliding Rock Recreation Area WWTP dated February 10, 2016. The violation was for the month of August, 2015. The Monthly Average Flow exceeded the Monthly average permit limit due to an error in calculations. . These calculations have now been corrected. Please accept our apologies in this matter. With regards, Juanita James ECEIVED n of Water Flesouraet FEB 2 9 2410 Water Quality Reglonal Operations Asheville Regional Office S h�(� YEAR 2015 c0020460 DISCHARGE NO. 001 MONTH AUGUST SLIDING ROCK -USDA FOREST SERVICE CLASS I COUNTY TRANSYLVANIA BORATORY (1) JAMES & JAMES ENVIRONMENTAL MGT., INC. CERTIFICATION NO. 4a2 oval laboratories on the .backside/page 2 of this form) RATOR IN RESPONSIBLE CHARGE (ORC) SHANNON JAMES GRADE I CERTIFICATION NO. 1001233 PERSON(S) COLLECTING SAMPLES SHANNON JAMES ORC PHONE 82s-s97-o063 NO FLOW / DISCHARGE FROM SITE CHECK BOX IF ORC HAS CHANGED Mail ORIGINAL and ONE COPY to: 9121/2015 ATTN: CENTRAL FILES ��r VYbttA 1 JY�V71V Jits1 a nr+KUh) UH I J✓ DIVISION OF WATER QUALITY 1617 MAIL SERVICE CENTER BY THIS SIGNATURE, I CERTIFY THAT THIS REPORT IS RALEIGH, NC 27699-1617 ACCURATE AND COMPLETE TO THE BEST OF MY KNOWLEDGE. 50050 00010 00400 50060 00310 00610 00530 31616 it F FL a z z cQa W d tV ' C y ij7 EFF■ INF❑ W.7 GIp z Op yQ p V �= 229 O W � U a C4 V im N F" � cn o a� C a e� E3 UV Cz U� O A F disinfection 01M. --- - M , -®ON IN M , IN®IN go=© M. _M--01 m 10000110 mmommm 1300 10.17 1310 1 0.33 1 Y 1 0:002 1 23.4 _ l qm mmme m -ME INME -ME ec m 1330t08 133 AVERAGE MAXIMUM MINIMUM ip. (C) / Grab (G) Monthly Limit DWQ Form MR-1 (IV04) <15 ®m®®m_v�� __®__-__I MEN ®® an ®rmEamm Im m® IFacility Status: (Please check one of the following) Allmon" ring data and sampling frequencies meet.permit requin .;(including weekly averages, if applicable) All monitoring data and sampling frequencies do NOT meet permit requir, The permittee shall report to the Director or the appropriate Regional Office any noncompliance that potentially threatens public health or the pennittee from the time the environment. Any information shall be provided orally within the time the ermittee becomes aware of the circumstanc ofe aware thecircumstances. A written submission shall also be provided within S days of P If the facility is noncompliant, please attach a list of corrective actions being taken and a time -table for improvements to be made as required by Part II.E.6 of the NPDES permit. ed to "I certify, under penalty of law, that this document and all attachments were prepared d nem inquiry of the person y direction or supervision persons who managed the system, of those ass�e that qualified personnel properly gather and evaluate the information submitted. Y persons directly responsible for gathering the information, the 'inform submittedis,to st of f eof my smandlimpri imprisonment forknowing violations�mplete. I am aware that there are significant penalties for submitting false information, including possibility USDA -FOREST SERVICE fi Permittee (Please print or type) l 6/21 /2015 4Siatu=re ofPermit * Date (Required unless submitted electronically) • 1-31-16 1001 PISGAH HIGHWAY, PISGAH FOREST Permittee Address ADDITIONAL CERTIFIED LABORATORIES Certification No. -------------- Certified Laboratory (2) Certification No. Certified Laboratory (3) Certification No. Certified Laboratory (4) Certification No. Certified Laboratory (5) i PARAMETER CODES NPDES Unit at (919) 807-6300 or by visiting http://portal.ncdenr.org/web/wq/swp/ps/npdes/appforms. Parameter Code assistance may be obtained by calling the Use only units of measurement designated in the reporting NPDES permit for reporting data. x No Flow/Discharge From Site: Check this box if no discharge occurs and, as a result, there are no data to be entered for all of the parameters on the DMR for the entire monitoring period. *x ORC On Site?: ORC must visit facility and document visitation of facility as required per 15A NCAC 8G .0204. **x Signature of Permittee: If signed by other than the permittee, then the delegation of the signatory authority must be on file with the state per 15A NCAC 2B .0506(b)(2)(D). VV arer xesources ENVIRONMENTAL GWtuTY' PAT MCCRORY DONALD R. VAN DER VAART See la; I S. JAY ZIMMERMAN February 1, 2016 Mr. Charles F. Gay USDA — U.S. Forest Service 160 Zillicoa St; Suite A Asheville, NC 28801-1082 Subject: Issuance of NPDES Permit NCO020460 Sliding Rock Recreation Area WWTP Transylvania County Class WW-1 Dear Mr. Gay: Division personnel have reviewed and approved your application for renewal of the subject permit. Accordingly, we are forwarding the attached NPDES discharge permit. This permit is issued pursuant to the requirements of North Carolina General Statute 143-215.1 and the Memorandum of Agreement between North Carolina and the U.S. Environmental Protection Agency dated October 15, 2007 (or as subsequently amended). This final permit includes no major changes from the draft permit sent to you on December 16, 2015. If any parts, measurement frequencies or sampling requirements contained in this permit are unacceptable to you, you have the right to an adjudicatory hearing upon written request within thirty (30) days following receipt of this letter. This request must be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings (6714 Mail Service Center, Raleigh, North Carolina 27699-6714). Unless such demand is made, this decision shall be final and binding. Please note that this permit is not transferable except after notice to the Division. The Division may require modification or revocation and reissuance of the permit. This permit does not affect the legal requirements to obtain any other Federal, State, or Local governmental permit that may be required. If you have any questions concerning this permit, please contact Bob�Sle ge t telephone number (919) 807-6398. Sincer ly, S. Jay Zimmerman, D* or Division of Water Resources --� I V ; - cc: Central Files -� �'t �tis ;:_ t.,l sbev 12]cINegionral ®fCtice Division of Water Resources NPDES Unit F EB 1 0 2016 er nualihr Regional Operations State of North Carolina I Environmental Quality I Water Resources Watp�h�,.,,,;.� 1617 Mail Service Center I Raleigh, NC 27699-1617 �----- 919 807 6300 919-807-6389 FAX http://portal.ncdenr.org/web/wq Permit NCO020460 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF WATER RESOURCES PERMIT TO DISCHARGE WASTEWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provision of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, the U.S. Department of Agriculture (U.S. Forest Service) is hereby authorized to discharge wastewater from a facility located at the Sliding Rock Recreation Area WWTP U.S. Highway 276 north of Pisgah Forest Transylvania County to receiving waters designated as Looking Glass Creek in subbasin 04-03-03 of the French Broad River Basin in accordance_ with effluent limitations, monitoring requirements, and other conditions set forth in Parts I, II, III and IV hereof. This permit shall become effective March 1, 2016. This permit and authorization to discharge shall expire at midnight on January 31, 2021. Signed this day February 1, 2016. S 4F(y Zimmerman, P:G., Direct ivision of Water Resources By Authority of the Environmental Management Commission Page 1 of 5 Permit NC002( 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. The U.S. Department of Agriculture (U. S. Forest Service) is hereby authorized to: I. Continue to operate an existing 0.005 MGD wastewater treatment facility that includes the following components: ♦ 5,000-gallon septic tank ♦ Distribution box [siphon bell removed] with filter [accessible via manhole] ♦ Sand filter [ca. 5100 ft2] with 4" diameter perforated PVC laterals ♦ Tablet chlorine disinfection ♦ Chlorine dissipation pond ♦ Tablet dechlorination ♦ Effluent gravity outfall This facility is located north of Pisgah Forest on U.S. Highway 276 at the Sliding Rock Recreation Area WWTP in Transylvania County. 2. Discharge from said treatment works at the location specified on the attached map into Looking Glass Creek, currently classified B-Trout HQW waters in hydrologic unit 06010105 of the French Broad River Basin. Page 2 of 5 Permit NCO020460 A. (1) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS [15A NCAC 02B.0400 et seq., 15A NCAC 02B.0500 et seq.] During the period beginning on the effective date of this permit and lasting until expiration, the Permittee is authorized to discharge from outfall 001. Such discharges shall be limited and monitored' by the Permittee as specified below: PARAMETER L%IOI%TS MOI TO1Z NG A00MIRkMENTS [p.CS code] Monthly _, Daiilgr P/deasurement Sample I Sample .. Average XaXimum Frequency.. ,Pe L®cataon Flow [50050] 0.005 MGD Weekly Instantaneous - Influent BOD, 5-day (20°C) Effluent [C0310] 30.0 mg/L 45.0 mg/L 2/Month Grab Effluent Total Suspended Solids [C0530] 30.0 mg/L 45.0 mg/L 2/Month Grab Effluent NH3 as N [C0610] Monthly Grab Effluent Total Residual Chlorine (TRC)l [50060] 2g /L pg 2/Month Grab Effluent Fecal Coliform (geometric mean) [31616] 200/100mL 400/100mL 2/Month _ Grab Effluent Temperature (°C) [00010] Weekly Grab Effluent pH [00400] > 6.0 and < 9.0 standard units 2/Month Grab Effluent r Footnotes: 1. No later than 270 days from the effective date of this permit, the permittee shall begin submitting discharge monitoring reports electronically using the Division's eDMR system [see A. (2)]. .2. The facility shall report all effluent TRC values reported by a NC certified laboratory including field certified. However, effluent values below 50 µg/L will be treated as zero for compliance purposes. There shall be no discharge of floating solids or visible foam in other than trace amounts. A. (2) ELECTRONIC REPORTING OF DISCHARGE MONITORING REPORTS [NCGS 143-215.1 -(b)] Recent federal regulations require electronic submittal of all discharge monitoring reports (DMRs) and specify that, if a state does not establish a system to receive such submittals, then permittees must submit DMRs electronically to the Environmental Protection Agency (EPA) . Page 3 of 5 Permit NC002( NOTE: This special condition supplements or supersedes the following sections within Pe of this permit (Standard Conditions for NPDES Permits): • Section B. (11.) Signatory Requirements • Section D. (2.) Reporting- • Section D. (6.) Records Retention • Section E. (5.) Monitoring Reports 1e Rep.orting [Supersedes Section D. (2) and Section E. (5.) LaA Beginning no later than 270 days from the effective date of this permit, the permittee shall begin reporting discharge monitoring data electronically using the NC DWR's Electronic Discharge Monitoring Report (eDMR) internet application. Monitoring results obtained during the previous month(s) shall be summarized for each month and submitted electronically using eDMR. The eDMR system allows permitted facilities to enter monitoring data and submit DMRs electronically using. the internet. Until such time that the state's eDMR application is compliant with EPA's Cross -Media Electronic Reporting Regulation (CROMERR), permittees will be required to submit all discharge monitoring data to the state electronically using eDMR and will be required to complete the eDMR submission by printing, signing, and submitting one signed original and a copy of the computer -printed eDMR to the following address: NC DEQ / Division of Water Resources / Information Processing Unit ATTENTION: Central Files / eDMR 1617 Mail Service Center Raleigh, NC 27699-1617 If a permittee is unable to use the eDMR system due to a demonstrated hardship or due to the facility being physically located in an area where less than 10 percent of the households have broadband access, then a temporary waiver from the NPDES electronic reporting requirements may be granted and discharge monitoring data may be submitted on paper DMR forms (MR 1, 1.1, 2, 3) or alternative forms approved by the Director. Duplicate signed copies shall be submitted to the mailing address above. Requests for temporary waivers from the NPDES electronic reporting requirements must be submitted in writing to the Division for written approval at least sixty (60) days prior to the date the facility would be required under this permit to begin using eDMR. Temporary waivers shall be valid for twelve (12) months and shall thereupon expire. At such time, DMRs shall be submitted electronically to the Division unless the permittee re- applies for and -is granted a new temporary waiver by the Division. Information on eDMR and application for a temporary waiver from the NPDES electronic reporting requirements is found on the following web page: http: / /portal.ncdenr. org/web /wg /admin/bog/ipu/edmr Regardless of the submission method, the first DMR is due on the last day of the month following the issuance of the permit or in the case of a new facility, on the last day of the month following the commencement of discharge. Page 4 of 5 Permit NC0020460 :cry Re uirements Supplements Section B. 11. b and supersedes -- :n U (11.I(All. All eDMRs submitted to the permit issuing authority shall be signed by a person described in Part II, Section B. (11.) (a) or by a duly authorized representative of that person as described in Part II, Section B. (11.)(b). A person, and not a position, must be delegated signatory authority for eDMR reporting purposes. For eDMR submissions, the person signing and submitting the DMR must obtain an eDMR user account and login credentials to access the eDMR system. For more information on North Carolina's eDMR system, registering for eDMR and obtaining an eDMR user account, please visit the following web page: http: / /portal.ncdenr.org/web /wg /admin/bog/ipu/edmr Certification. Any person submitting an electronic DMR using the state's eDMR system shall make the following certification [40 CFR 122.22]. NO OTHER STATEMENTS OF CERTIFICATION WILL BE ACCEPTED: 7 certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations." 3. Records Retention fSRR elements Section D. (6.)] The permittee shall retain records of all Discharge Monitoring Reports, including eDMR submissions. These records or copies shall be maintained for a period of at least 3 years from the date of the report. This period may be extended by request of the Director at any time [40 CFR 122.41]. Page 5 of 5 J4 )t% IN N I�N, �t i j r _J N N: A T(I NC0020460 - Sliding Rock Recreation Area USGS Quad Name: Shining Rock Latitude: Receiving Stream: Looking Glass Creek 35018'25" Stream Class., B-Trout HQW Longitude. - Facility Location North'--, a,�ottoSCALE- - L=�4 NPDES Permit Standard Conditions Page 1 of 18 PART II STANDARD CONDITIONS FOR NPDES PERMITS Section A. Definitions 2/1Vlonth Samples are collected twice per month with at least ten calendar days between sampling events. These samples shall be representative of the wastewater discharged during the sample period. 3/Week Samples are collected three times per week on three separate calendar days. These samples shall be representative of the wastewater discharged during the sample period. Act or "the Act" The Federal Water Pollution Control Act, also known as the Clean Water Act (CWA), as amended, 33 USC 1251, et. seq. Annual Average The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar year. In the case of fecal coliform, the geometric mean of such discharges. Arithmetic Mean The summation of the individual values divided by the number of individual values. Bypass The known diversion of waste streams from any portion of a treatment facility including the collection system, which is not a designed or established or operating mode for the facility. Calendar Day The period from midnight of one day until midnight of the next day. However, for purposes of this permit, any consecutive 24-hour period that reasonably represents the calendar day may be used for sampling. Calendar Week The period from Sunday through the following Saturday. Calendar Quarter One of the following distinct periods: January through March, April through June, July through September, and October through December. Composite Sample A sample collected over a 24-hour period by continuous sampling or combining grab samples of at least 100 mL in such a manner as to result in a total sample representative of the wastewater discharge during the sample period. The Director may designate the most appropriate method (specific number and size of aliquots necessary, the time interval between grab samples, etc.) on a case -by -case basis. Samples may be collected manually or automatically. Composite samples may be obtained by the following methods: (1) Continuous: a single, continuous sample collected over a 24-hour period proportional to the rate of flow. (2) Constant time/variable volume: a series of grab samples collected at equal time intervals over a 24 hour period of discharge and combined proportional to the rate of flow measured at the time of individual sample collection, or (3) Variable time/constant volume: a series of grab samples of equal volume collected over a 24 hour period with the time intervals between samples determined by a preset number of gallons passing the sampling point. Flow measurement between sample intervals shall be determined by use of a flow recorder and totalizer, and the preset gallon interval between sample collection fixed at no greater than 1/24 of the expected total daily flow at the treatment system, or Version 1110912011.1 NPDES Permit Standard Conu Page 2 (4) Constant time/constant volume: a series of grab samples of equal volume collected over a 24-hour period at a constant time interval. Use of this method requires prior approval by the Director. This method may only be used in situations where effluent flow rates vary less than 15 percent. The following restrictions also apply: ➢ Influent and effluent grab samples shall be of equal size and of no less than 100 milliliters ➢ Influent samples shall not be collected more than once per hour. ➢ Permittees with wastewater treatment systems whose detention time < 24 hours shall collect effluent grab samples at intervals of no greater than 20 minutes apart during any 24-hour period. ➢ Permittees with wastewater treatment systems whose detention time exceeds 24 hours shall collect effluent grab samples at least every six hours; there must be a minimum of four samples during a 24-hour sampling period. Continuous flow measurement Flow monitoring that occurs without interruption throughout the operating hours of the facility. Flow shall be monitored continually except for the infrequent times when there may be no flow or for infrequent maintenance activities on the flow device. Daily Discharge The discharge of a pollutant measured during a calendar day or any 24-hour period that reasonably represents the calendar day for purposes of sampling. For pollutants measured in units of mass, the "daily discharge" is calculated as the total mass of the pollutant discharged over the day. For pollutants expressed in other units of measurement, the "daily discharge" is calculated as the average measurement of the pollutant over the day. (40 CFR 122.2; see also "Composite Sample," above.) Daily Maximum The highest "daily discharge" during the calendar month. Daily S4.mpling Parameters requiring daily sampling shall be sampled 5 out of every 7 days per week unless otherwise specified in the permit. Sampling shall be conducted on weekdays except where holidays or other disruptions of normal operations prevent weekday sampling. If sampling is required for all seven days of the week for any permit parameter(s), that requirement will be so noted on the Effluent Limitations and Monitoring Page(s). DWR or "the Division" The Division of Water Resources, Department of Environment and Natural Resources. Effluent Wastewater discharged following all treatment processes from a water pollution control facility or other point source whether treated or untreated. EMC The North Carolina Environmental Management Commission EPA The United States Environmental Protection Agency Facility Closure Cessation of all activities that require coverage under this NPDES permit. Completion of facility closure will allow this permit to be rescinded. Geometric Mean The Nth root of the product of the individual values where N = the number of individual values. For purposes of calculating the geometric mean, values of "0" (or "< [detection level]") shall be considered = 1. Grab Sample Individual samples of at least 100 mL collected over a period of time not exceeding 15 minutes. Grab samples can be collected manually. Grab samples must be representative of the discharge (or the receiving stream, for instream samples). Version 1110912011.1 NPDES Permit Standard Conditions Page 3 of 18 Substance nce designated under 40 CFR Part 116 pursuant to Section 311 of the CWA. Instantaneous flow measurement The flow measured during the minimum time required for the flow measuring device or method to produce a result in that instance. To the extent practical, instantaneous flow measurements coincide with the collection of any grab samples required for the same sampling period so that together the samples and flow are representative of the discharge during that sampling period. Monthly Average (concentration limit) The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar month. In the case of fecal coliform or other bacterial parameters or indicators, the geometric mean of such discharges. Permit Issuing Authority The Director of the Division of Water Resources. Quarterly Average (concentration limit) The arithmetic mean of all samples taken over a calendar quarter. Severe property damage Substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage excludes economic loss caused by delays in production. Toxic Pollutant: Any pollutant listed as toxic under Section 307(a)(1) of the CWA. Upset An incident beyond the reasonable control of the Permittee causing unintentional and temporary noncompliance with permit effluent limitations and/or monitoring requirements. An upset does not include noncompliance caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation. Weekly Average (concentration limit) The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar week. In the case of fecal coliform or other bacterial parameters or indicators, the geometric mean of such discharges. Section B. General Conditions 1. Duty to ComMly_ The Permittee must comply with all conditions of this permit. Any permit noncompliance constitutes a violation of the CWA and is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or denial of a permit renewal application [40 CFR 122.41]. a. The Permittee shall comply with effluent standards or prohibitions established under section 307(a) of the CWA for toxic pollutants and with standards for sewage sludge use or disposal established under section 405(d) of the CWA within the time provided in the regulations that establish these standards or prohibitions or standards for sewage sludge use or disposal, even if the permit has not yet been modified to incorporate the requirement. b. The CWA provides that any person who violates section[s] 301, 302, 306, 307, 308, 318 or 405 of the Act, or any permit condition or limitation implementing any such sections in a permit issued under section 402, or any requirement imposed in a pretreatment program approved under sections 402(a)(3) or 402(b)(8) of the Act, is subject to a civil penalty not to exceed $37,500 per day for each violation. [33 USC 1319(d) and 40 CFR 122.41(a)(2)] c. The CWA provides that any person who negligently violates sections 301, 302, 306, 307, 308, 318, or 405 of the Act, or any condition or limitation implementing any of such sections in a permit issued under section 402 of the Act, or any requirement imposed in a pretreatment program approved under section 402(a)(3) or 402(b)(8) of the Act, is subject to criminal penalties of $2,500 to $25,000 per day of violation, or Version 1110912011.1 NPDES Permit Standard Conn Page 4 imprisonment of not more than 1 year, or both. In the case of a second or subsequent conviction for a negligent violation, a person shall be subject to criminal penalties of not more than $50,000 per day of violation, or by imprisonment of not more than 2 years, or both. [33 USC 1319(c)(1) and 40 CFR 122.41(a)(2)] d. Any person who knowingly violates such sections, or such conditions or limitations is subject to criminal penalties of $5,000 to $50,000 per day of violation, or imprisonment for not more than 3 years, or both. In the case of a second or subsequent conviction for a knowing violation, a person shall be subject to criminal penalties of not more than $100,000 per day of violation, or imprisonment of not more than 6 years, or both. [33 USC 1319(c)(2) and 40 CFR 122.41(a)(2)] e. Any person who knowingly violates section 301, 302, 303, 306, 307, 308, 318 or 405 of the Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of the Act, and who knows at that time that he thereby places another person in imminent danger of death or serious bodily injury, shall, upon conviction, be subject to a fine of not more than $250,000 or imprisonment of not more than 15 years, or both. In the case of a second or subsequent conviction for a knowing endangerment violation, a person shall be subject to a fine of not more than $500,000 or by imprisonment of not more than 30 years, or both. An organization, as defined in section 309(c)(3)(B)(iii) of the CWA, shall, upon conviction of violating the imminent danger provision, be subject to a fine of not more than $1,000,000 and can be fined up to $2,000,000 for second or subsequent convictions. [40 CFR 122.41(a)(2)] f. Under state law, a civil penalty of not more than $25,000 per violation may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of a permit. [North Carolina General Statutes § 143-215.6A] g. Any person may be assessed an administrative penalty by the Administrator for violating section 301, 302, 306, 307, 308, 318 or 405 of this Act, or any pen -nit 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.CA), "Upsets" (Part II.C.5) and "Power Failures" (Part H.C.7), nothing in this permit shall be construed to relieve the Pennittee from any responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3, 143-215.6 or Section 309 of the Federal Act, 33 USC 1319. Furthermore, the Permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 4. Oil and Hazardous Substance Liability Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the Permittee from any responsibilities, liabilities, or penalties to which the Permittee is or may be subject to under NCGS 143- 215.75 et seq. or Section 311 of the Federal Act, 33 USG 1321. Furthermore, the Permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 5. Property Rights The issuance of this permit does not convey any property rights in either real or personal property, or any exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor any infringement of Federal, State or local laws or regulations [40 CFR 122.41(g)]. 6. Onshore or Offshore Construction This permit does not authorize or approve the construction of any onshore or offshore physical structures or facilities or the undertaking of any work in any navigable waters. Version 1110912011.1 NPDES Permit Standard Conditions Page 5 of 18 bility visions of this permit are severable. If any provision of this permit, or the application of any provision of this permit to any circumstances, is held invalid, the application of such provision to other circumstances, and the remainder of this permit, shall not be affected thereby [NCGS 15013-23]. 8. Duty to Provide Information The Permittee shall furnish to the Permit Issuing Authority, within a reasonable time, any information which the Permit Issuing Authority may request to determine whether cause exists for modifying, revoking and reissuing, or terminating this permit or to determine compliance with this permit. The Permittee shall also furnish to the Permit Issuing Authority upon request, copies of records required by this permit [40 CFR 122.41(h)]. 9. Duty to Reapply If the Permittee wishes to continue an activity regulated by this permit after the expiration date of this permit, the Permittee must apply for and obtain a new permit [40 CFR 122.41(b)]. 10. Expiration of Permit The Permittee is not authorized to discharge after the expiration date. In order to receive automatic authorization to discharge beyond the expiration date, the Permittee shall submit such information, forms, and fees as are required by the agency authorized to issue permits no later than 180 days prior to the expiration date unless permission for a later date has been granted by the Director. (The Director shall not grant permission for applications to be submitted later than the expiration date of the existing permit.) [40 CFR 122.21(d)] Any Permittee that has not requested renewal at least 180 days prior to expiration, or any Permittee that does not have a permit after the expiration and has not requested renewal at least 180 days prior to expiration, will subject the Permittee to enforcement procedures as provided in NCGS 143-215.6 and 33 USC 1251 et. seq. 11. 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] Version 1110912011.1 NPDES Permit Standard Cona Page 6 c. Changes to authorization: If an authorization under paragraph (b) of this section is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, a new authorization satisfying the requirements of paragraph (b) of this section must be submitted to the Director prior to or together with any reports, information, or applications to be signed by an authorized representative [40 CFR 122.22] d. Certification. Any person signing a document under paragraphs a. or b. of this section shall make the following certification [40 CFR 122.22]. NO OTHER STATEMENTS OF CERTIFICATION WILL BE ACCEPTED: 7 certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualifiedpersonnelproperly 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. Pen -nit 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 pen -nit as allowed by the laws, rules, and regulations contained in Title 40, Code of Federal Regulations, Parts 122 and 123; Title 15A of the North Carolina Administrative Code, Subchapter 02H .0100; and North Carolina General Statute 143.215.1 et. al. 14. Annual Administering and Compliance Monitoring Fee Requirements The Permittee must pay the annual administering and compliance monitoring fee within thirty days after being billed by the Division. Failure to pay the fee in a timely manner in accordance with 15A NCAC 02H .0105(b)(2) may cause this Division to initiate action to revoke the permit. Section C. Operation and Maintenance of Pollution Controls 1. Certified Operator Owners of classified water pollution control systems must designate operators, certified by the Water Pollution Control System Operators Certification Commission (WPCSOCC), of the appropriate type and grade for the system, and, for each classification must [T15A NCAC 08G .0201]: a. designate one Operator In Responsible Charge (ORC) who possesses a valid certificate of the type and grade at least equivalent to the type and grade of the system; b. designate one or more Back-up Operator(s) in Responsible Charge (Back-up ORCs) who possesses a valid certificate of the type of the system and no more than one grade less than the grade of the system, with the exception of no backup operator in responsible charge is required for systems whose minimum visitation requirements are twice per year; and c. submit a signed completed "Water Pollution Control System Operator Designation Form" to the Commission (or to the local health department for owners of subsurface systems) countersigned by the designated certified operators, designating the Operator in Responsible Charge (ORC) and the Back-up Operator in Responsible Charge (Back-up ORC): (1) 60 calendar days prior to wastewater or residuals being introduced into a new system; or (2) within 120 calendar days following: ➢ receiving notification of a change in the classification of the system requiring the designation of a new Operator in Responsible Charge (ORC) and Back-up Operator in Responsible Charge (Back-up ORC) of the proper type and grade; or ➢ a vacancy in the position of Operator in Responsible Charge (ORC) or Back-up Operator in Responsible Charge (Back-up ORC). Version 1110912011.1 NPDES Permit Standard Conditions Page 7 of 18 within seven calendar days of vacancies in both ORC and Back-up ORC positions replacing or designating at least one of the responsibilities. The ORC of each Class I facility (or the Back-up ORC, when acting as surrogate for the ORC) must: ➢ Visit the facility as often as is necessary to insure proper operation of the treatment system; the treatment facility must be visited at least weekly ➢ Comply with all other conditions of 15A NCAC 08G .0204. The ORC of each Class H, III and IV facility (or the Back-up ORC, when acting as surrogate for the ORC) must: ➢ Visit the facility as often as is necessary to insure proper operation of the treatment system; the treatment facility must be visited at least five days per week, excluding holidays ➢ Properly manage and document daily operation and maintenance of the facility ➢ Comply with all other conditions of 15A NCAC 08G .0204. 2. Proper Operation and Maintenance The Permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the Permittee to achieve compliance with the conditions of this permit. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures. This provision requires the Permittee to install and operate backup or auxiliary facilities only when necessary to achieve compliance with the conditions of the permit [40 CFR 122.41(e)]. NOTE: Properly and officially designated operators are fully responsible for all proper operation and maintenance of the facility, and all documentation required thereof, whether acting as a contract operator [subcontractor] or a member of the Permittee's staff. 3. Need to Halt or Reduce not a Defense It shall not be a defense for a Permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the condition of this permit [40 CFR 122.41(c)]. 4. Bypassing of Treatment Facilities a. Bypass not exceeding limitations [40 CFR 122.41(m)(2)] The Permittee may allow any bypass to occur which does not cause effluent limitations to be exceeded, but only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the provisions of Paragraphs b. and e. of this section. b. Notice [40 CFR 122.41(m)(3)] (1) Anticipated bypass. If the Permittee knows in advance of the need for a bypass, it shall submit prior notice, if possible at least ten days before the date of the bypass; including an evaluation of the anticipated quality and effect of the bypass. (2) Unanticipated bypass. The Permittee shall submit notice of an unanticipated bypass as required in Part II.E.6. (24-hour notice). c. Prohibition of Bypass (1) Bypass from the treatment facility is prohibited and the Permit Issuing Authority may take enforcement action against a Permittee for bypass, unless: (A) Bypass was unavoidable to prevent loss of life, personal injury or severe property damage; (B) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate backup equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and (C) The Permittee submitted notices as required under Paragraph b. of this section. (2) Bypass from the collection system is prohibited and the Permit Issuing Authority may take enforcement action against a Permittee for a bypass as provided in any current or future system -wide collection system permit associated with the treatment facility. Version 1110912011.1 NPDES Permit Standard Cond Page 8 (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 pen -nit effluent limitations if the requirements of paragraph b. of this condition are met. No determination made during administrative review of claims that noncompliance was caused by upset, and before an action for noncompliance, is final administrative action subject to judicial review. b. Conditions necessary for a demonstration of upset: Any Permittee who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that: (1) An upset occurred and that the Pennittee can identify the cause(s) of the upset; (2) The Pennittee 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.13.2. of this permit. c. Burden of proof [40 CFR 122.41(n)(4)]: The Permittee seeking to establish the occurrence of an upset has the burden of proof in any enforcement proceeding. 6. Removed Substances Solids, sludges, filter backwash, or other pollutants removed in the course of treatment or control of wastewaters shall be utilized/disposed of in accordance with NCGS 143-215.1 and in a manner such as to prevent any pollutant from such materials from entering waters of the State or navigable waters of the United States except as permitted by the Commission. The Permittee shall comply with all applicable state and Federal regulations governing the disposal of sewage sludge, including 40 CFR 503, Standards for the Use and Disposal of Sewage Sludge; 40 CFR Part 258, Criteria For Municipal Solid Waste Landfills; and 15A NCAC Subchapter 2T, Waste Not Discharged To Surface Waters. The Permittee shall notify the Permit Issuing Authority of any significant change in its sludge use or disposal practices. 7. Power Failures The Permittee is responsible for maintaining adequate safeguards (as required by 15A NCAC 02H .0124) to prevent the discharge of untreated or inadequately treated wastes during electrical power failures either by means of alternate power sources, standby generators or retention of inadequately treated effluent. Section D. Monitoring and Records Representative Sampling Samples collected and measurements taken, as required herein, shall be representative of the permitted discharge. Samples collected at a frequency less than daily shall be taken on a day and time that is representative of the discharge for the period the sample represents. All samples shall be taken at the monitoring points specified in this permit and, unless otherwise specified, before the effluent joins or is diluted by any other wastestream, body of water, or substance. Monitoring points shall not be changed without notification to and the approval of the Permit Issuing Authority [40 CFR 122.410)]. 2. Reporting Monitoring results obtained during the previous month(s) shall be summarized for each month and reported on a monthly Discharge Monitoring Report (DMR) Form (MR 1, 1. 1, 2, 3) or alternative forms approved by the Director, postmarked no later than the last calendar day of the month following the completed reporting period. The first DMR is due on the last day of the month following the issuance of the permit or in the case of a new facility, on the last day of the month following the commencement of discharge. Duplicate signed copies of these, and all other reports required herein, shall be submitted to the following address: Version 1110912011.1 NPDES Permit Standard Conditions Page 9 of 18 NC DENR / Division of Water Resources / Water Quality Permitting Section ATTENTION: Central Files 1617 Mail Service Center Raleigh, North Carolina 27699-1617 3. Flow Measurements Appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges. The devices shall be installed, calibrated and maintained to ensure that the accuracy of the measurements is consistent with the accepted capability of that type of device. Devices selected shall be capable of measuring flows with a maximum deviation of less than 10% from the true discharge rates throughout the range of expected discharge volumes. Flow measurement devices shall be accurately calibrated at a minimum of once per year and maintained to ensure that the accuracy of the measurements is consistent with the accepted capability of that type of device. The Director shall approve the flow measurement device and monitoring location prior to installation. Once -through condenser cooling water flow monitored by pump logs, or pump hour meters as specified in Part I of this permit and based on the manufacturer's pump curves shall not be subject to this requirement. 4. Test Procedures Laboratories used for sample analysis must be certified by the Division. Permittees should contact the Division's Laboratory Certification Section (919 733-3908 or http://portal.ncdenr.org/web/wq/lab/cert) for information regarding laboratory certifications. Facilities whose personnel are conducting testing of field -certified parameters only must hold the appropriate field parameter laboratory certifications. Test procedures for the analysis of pollutants shall conform to the EMC regulations (published pursuant to NCGS 143-215.63 et. seq.), the Water and Air Quality Reporting Acts, and to regulations published pursuant to Section 304(g), 33 USC 1314, of the CWA (as amended), and 40 CFR 136; or in the case of sludge use or disposal, approved under 40 CFR 136, unless otherwise specified in 40 CFR 503, unless other test procedures have been specified in this permit [40 CFR 122.41]. To meet the intent of the monitoring required by this permit, all test procedures must produce minimum detection and reporting levels that are below the permit discharge requirements and all data generated must be reported down to the minimum detection or lower reporting level of the procedure. If no approved methods are determined capable of achieving minimum detection and reporting levels below permit discharge requirements, then the most sensitive (method with the lowest possible detection and reporting level) approved method must be used. 5. Penalties for Tampering The CWA provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any monitoring device or method required to be maintained under this permit shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. If a conviction of a person is for a violation committed after a first conviction of such person under this paragraph, punishment is a fine of not more than $20,000 per day of violation, or by imprisonment of not more than 4 years, or both [40 CFR 122.41]. 6. Records Retention Except for records of monitoring information required by this permit related to the Permittee's sewage sludge use and disposal activities, which shall be retained for a period of at least five years (or longer as required by 40 CFR 503), the Permittee shall retain records of all monitoring information, including: ➢ all calibration and maintenance records ➢ all original strip chart recordings for continuous monitoring instrumentation ➢ copies of all reports required by this permit ➢ copies of all data used to complete the application for this permit These records or copies shall be maintained for a period of at least 3 years from the date of the sample, measurement, report or application. This period may be extended by request of the Director at any time [40 CFR 122.411. Version 1110912011.1 7 NPDES Permit Standard Pa Recording Results For each measurement or sample taken pursuant to the requirements of this permit, the Permittee shall re following information [40 CFR 122.41]: a. The date, exact place, and time of sampling or measurements; b. The individual(s) who performed the sampling or measurements; c. The date(s) analyses were performed; d. The individual(s) who performed the analyses; e. The analytical techniques or methods used; and f. The results of such analyses. 8. Inspection and Entry The Permittee shall allow the Director, or an authorized representative (including an authorized contractor acting as a representative of the Director), upon the presentation of credentials and other documents as may be required by law, to; a. Enter, at reasonable times, upon the Penmittee'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 pen -nit; 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 ReportinS Requirements 1. Change in Discharge All discharges authorized herein shall be consistent with the terms and conditions of this permit. The discharge of any pollutant identified in this permit more frequently than or at a level in excess of that authorized shall constitute a violation of the permit. 2. Planned Changes The Permittee shall give notice to the Director as soon as possible of any planned physical alterations or additions to the permitted facility [40 CFR 122.41(1)]. Notice is required only when: a. The alteration or addition to a permitted facility may meet one of the criteria for new sources at 40 CFR 122.29(b); or b. The alteration or addition could significantly change the nature or increase the quantity of pollutants discharged. This notification applies to pollutants subject neither to effluent limitations in the permit, nor to notification requirements under 40 CFR 122.42(a)(1); or c. The alteration or addition results in a significant change in the Permittee's sludge use or disposal practices, and such alteration, addition or change may justify the application of permit conditions that are different from or absent in the existing permit, including notification of additional use or disposal sites not reported during the permit application process or not reported pursuant to an approved land application plan. 3. Anticipated Noncompliance The Permittee shall give advance notice to the Director of any planned changes to the permitted facility or other activities that might result in noncompliance with the permit [40 CFR 122.41(1)(2)]. 4. Transfers This permit is not transferable to any person without prior written notice to and approval from the Director in accordance with 40 CFR 122.61. The Director may condition approval in accordance with NCGS 143-215.1, in particular NCGS 143-215. 1 (b)(4)b.2., and may require modification or revocation and reissuance of the permit, or a minor modification, to identify the new permittee and incorporate such other requirements as may be necessary under the CWA [40 CFR 122.41(1)(3), 122.61] or state statute. Version 1110912011.1 NPDES Permit Standard Conditions Page 11 of 18 firing Reports ,ring results shall be reported at the intervals specified elsewhere in this permit [40 CFR 122.41(1)(4)]. a. Monitoring results must be reported on a Discharge Monitoring Report (DMR) (See Part II.D.2) or forms provided by the Director for reporting results of monitoring of sludge use or disposal practices. b. If the Permittee monitors any pollutant more frequently than required by this permit using test procedures approved under 40 CFR Part 136 and at a sampling location specified in this permit or other appropriate instrument governing the discharge, the results of such monitoring shall be included in the calculation and reporting of the data submitted on the DMR. 6. Twenty-four Hour Reporting a. The Permittee shall report to the Director or the appropriate Regional Office any noncompliance that potentially threatens public health or the environment. Any information shall be provided orally within 24 hours from the time the Permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the Permittee becomes aware of the circumstances. The written submission shall contain a description of the noncompliance, and its cause; the period of noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance [40 CFR 122.41(1)(6)]. b. The Director may waive the written report on a case -by -case basis for reports under this section if the oral report has been received within 24 hours. c. Occurrences outside normal business hours may also be reported to the Division's Emergency Response personnel at (800) 662-7956, (800) 858-0368 or (919) 733-3300. 7. Other Noncompliance The Permittee shall report all instances of noncompliance not reported under Part II.E.5 and 6. of this per at the time monitoring reports are submitted. The reports shall contain the information listed in Part II.E.6. of this permit [40 CFR 122.41(1)(7)]. 8. Other Information Where the Permittee becomes aware that it failed to submit any relevant facts in a permit application, or submitted incorrect information in a permit application or in any report to the Director, it shall promptly submit such facts or information [40 CFR 122.41(1)(8)]. 9. Noncompliance Notification The Permittee shall report by telephone to either the central office or the appropriate regional office of the Division as soon as possible, but in no case more than 24 hours or on the next working day following the occurrence or first knowledge of the occurrence of any of the following: a. Any occurrence at the water pollution control facility which results in the discharge of significant amounts of wastes which are abnormal in quantity or characteristic, such as the dumping of the contents of a sludge digester; the known passage of a slug of hazardous substance through the facility; or any other unusual circumstances. b. Any process unit failure, due to known or unknown reasons, that render the facility incapable of adequate wastewater treatment such as mechanical or electrical failures of pumps, aerators, compressors, etc. c. Any failure of a pumping station, sewer line, or treatment facility resulting in a by-pass without treatment of all or any portion of the influent to such station or facility. Persons reporting such occurrences by telephone shall also file a written report within 5 days following first knowledge of the occurrence. Also see reporting requirements for municipalities in Part IV.C.2.c. of this permit. 10. Availability of Reports Except for data determined to be confidential under NCGS 143-215.3 (a)(2) or Section 308 of the Federal Act, 33 USC 1318, all reports prepared in accordance with the terms shall be available for public inspection at the offices of the Division. As required by the Act, effluent data shall not be considered confidential. Knowingly making any false statement on any such report may result in the imposition of criminal penalties as provided for in NCGS 143- 215. 1 (b)(2) or in Section 309 of the Federal Act. Version 1110912011.1 11 NPDES Permit Standard Pa; Penalties for Falsification of Reports The CWA provides that any person who knowingly makes any false statement, representation, or certific any record or other document submitted or required to be maintained under this permit, including monitoring reports or reports of compliance or noncompliance shall, upon conviction, be punished by a fine of not more than $25,000 per violation, or by imprisonment for not more than two years per violation, or by both [40 CFR 122.41]. 12. Annual Performance Reports Permittees who own or operate facilities that primarily collect or treat municipal or domestic wastewater and have an average annual flow greater than 200,000 gallons per day shall provide an annual report to the Permit Issuing Authority and to the users/customers served by the Permittee (NCGS 143-215.1C). The report shall summarize the performance of the collection or treatment system, as well as the extent to which the facility was compliant with applicable Federal or State laws, regulations and rules pertaining to water quality. The report shall be provided no later than sixty days after the end of the calendar or fiscal year, depending upon which annual period is used for evaluation. The report shall be sent to: NC DENR / Division of Water Resources / Water Quality Permitting Section ATTENTION: Central Files 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Version 1110912011.1 NPDES Permit Standard Conditions Page 13 of 18 PART III OTHER REQUIREMENTS Section A. Construction a. The Permittee shall not commence construction of wastewater treatment facilities, nor add to the plant's treatment capacity, nor change the treatment process(es) utilized at the treatment plant unless (1) the Division has issued an Authorization to Construct (AtC) permit or (2) the Permittee is exempted from such AtC permit requirements under Item b. of this Section. b. In accordance with NCGS 143-215. 1 (a5) [SL 2011-394], no permit shall be required to enter into a contract for the construction, installation, or alteration of any treatment work or disposal system or to construct, install, or alter any treatment works or disposal system within the State when the system's or work's principle function is to conduct, treat, equalize, neutralize, stabilize, recycle, or dispose of industrial waste or sewage from an industrial facility and the discharge of the industrial waste or sewage is authorized under a permit issued for the discharge of the industrial waste or sewage into the waters of the State. Notwithstanding the above, the permit issued for the discharge may be modified if required by federal regulation. c. Issuance of an AtC will not occur until Final Plans and Specifications for the proposed construction have been submitted by the Permittee and approved by the Division. Section B. Groundwater Monitoring The Permittee shall, upon written notice from the Director, conduct groundwater monitoring as may be required to determine the compliance of this NPDES permitted facility with the current groundwater standards. Section C. Changes in Discharges of Toxic Substances The Permittee shall notify the Permit Issuing Authority as soon as it knows or has reason to believe (40 CFR 122.42): a. That any activity has occurred or will occur which would result in the discharge, on a routine or frequent basis, of any toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels"; (1) One hundred micrograms per liter (100 µg/L); (2) Two hundred micrograms per liter (200 µg/L) for acrolein and acrylonitrile; five hundred micrograms per liter (500 µg/L) for 2,4-dinitrophenol and for 2-methyl-4,6-dinitrophenol; and one milligram per liter (1 mg/L) for antimony; (3) Five times the maximum concentration value reported for that pollutant in the permit application. b. That any activity has occurred or will occur which would result in any discharge, on a non -routine or infrequent basis, of a toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels"; (1) Five hundred micrograms per liter (500 µg/L); (2) One milligram per liter (1 mg/L) for antimony; (3) Ten times the maximum concentration value reported for that pollutant in the permit application. Section D. Facility Closure Requirements The Permittee must notify the Division at least 90 days prior to the closure of any wastewater treatment system covered by this permit. The Division may require specific measures during deactivation of the system to prevent adverse impacts to waters of the State. This permit cannot be rescinded while any activities requiring this permit continue at the permitted facility. Version 1110912011.1 NPDES Permit Standard Pa PART IV SPECIAL CONDITIONS FOR MUNICIPAL FACILITIES Section A. Definitions In addition to the definitions in Part II of this permit, the following definitions apply to municipal facilities: Indirect Discharge or Industrial User Any non -domestic source that discharges wastewater containing pollutants into a POTW regulated under section 307(b), (c) or (d) of the CWA. [40 CFR 403.3 (i) and 0) and 15A NCAC 02H .0903(b)(11)] Interference Inhibition or disruption of the POTW treatment processes; operations; or its sludge process, use, or disposal which causes or contributes to a violation of any requirement of the Permittee's (or any satellite POTW's if different from the Permittee) NPDES, collection system, or non -discharge permit or prevents sewage sludge use or disposal in compliance with specified applicable State and Federal statutes, regulations, or permits. [15A NCAC 02H .0903(b)(14)] Pass Through A discharge which exits the POTW into waters of the State in quantities or concentrations which, alone or with discharges from other sources, causes a violation, including an increase in the magnitude or duration of a violation, of the Permittee's (or any satellite POTW's, if different from the Permittee) NPDES, collection system, or non -discharge permit. [15A NCAC 02H .0903(b)(23)] Publicly Owned Treatment Works (POTW) A treatment works as defined by Section 212 of the CWA, which is owned by a State or local government organization. This definition includes any devices and systems used in the storage, treatment, recycling and reclamation of municipal sewage or industrial wastes of a liquid nature. It also includes the collection system, as defined in 15A NCAC 2T .0402, only if it conveys wastewater to a POTW treatment plant. The term also means the local government organization, or municipality, as defined in section 502(4) of the CWA, which has jurisdiction over indirect discharges to and the discharges from such a treatment works. In this context, the organization may be the owner of the POTW treatment plant or the owner of the collection system into which an indirect discharger discharges. This second type of POTW may be referred to as a "satellite POTW organization." [15A NCAC 02H .0903(b)(26)] "Significant Industrial User" or "SIU" An Industrial User that discharges wastewater into a publicly owned treatment works and that [15A NCAC 02H .0903(b)(33)]: 1. Discharges an average of 25,000 gallons per day or more of process wastewater to the POTW (excluding sanitary, noncontact cooling and boiler blowdown wastewaters); or 2. Contributes process wastewater which makes up five percent or more of the NPDES or non -discharge permitted flow limit or organic capacity of the POTW treatment plant. In this context, organic capacity refers to BOD, TSS and ammonia; or 3. Is subject to categorical standards under 40 CFR Part 403.6 and 40 CFR Parts 405-471; or 4. Is designated as such by the Permittee on the basis that the Industrial User has a reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement, or the POTW's effluent limitations and conditions in its NPDES or non -discharge permit, or to limit the POTW's sludge disposal options; 5. Subject to approval under 15A NCAC 02H .0907(b), the Permittee may determine that an Industrial User meeting the criteria in paragraphs 1 or 2 of this definition above has no reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement, the POTW's effluent limitations and conditions in its NPDES or non -discharge permit, or to limit the POTW's sludge disposal options, and thus is not a Significant Industrial User (SIU); or 6. Subject to approval under 15A NCAC 02H .0907(b), the Permittee may determine that an Industrial User meeting the criteria in paragraph 3 of this definition above meets the requirements of 40 CFR Part 403.3(v)(2) and thus is a non -significant categorical Industrial User. Section B. Publicly Owned Treatment Works (POTWs) Version 1110912011.1 2. NPDES Permit Standard Conditions Page 15 of 18 s must provide adequate notice to the Director of the following [40 CFR 122.42(b)]: .guy new introduction of pollutants into the POTW from an indirect discharger, regardless of the means of transport, which would be subject to section 301 or 306 of CWA if it were directly discharging those pollutants; and Any substantial change in the volume or character of pollutants being introduced by an indirect discharger as influent to that POTW at the time of issuance of the permit. For purposes of this paragraph, adequate notice shall include information on (1) the quality and quantity of effluent introduced into the POTW, and (2) any anticipated impact that may result from the change of the quantity or quality of effluent to be discharged from the POTW. Section C. Municipal Control of Pollutants from Industrial Users. 1. Effluent limitations are listed in Part I of this permit. Other pollutants attributable to inputs from Industrial Users discharging to the POTW may be present in the Permittee's discharge. At such time as sufficient information becomes available to establish limitations for such pollutants, this permit may be revised to specify effluent limitations for any or all of such other pollutants in accordance with best practicable technology or water quality standards. 2. Prohibited Discharges a. The Permittee shall develop and enforce their Pretreatment Program to implement the prohibition against the introduction of pollutants or discharges into the waste treatment system or waste collection system which cause or contribute to Pass Through or Interference as defined in 15A NCAC 02H .0900 and 40 CFR 403. [40 CFR 403.5(a)(1)] b. The Permittee shall develop and enforce their Pretreatment Program to implement the prohibitions against the introduction of the following wastes in the waste treatment or waste collection system [40 CFR 403.5(b)]: (1) Pollutants which create a fire or explosion hazard in the POTW, including, but not limited to, wastestreams with a closed cup flashpoint of less than 140 degrees Fahrenheit or 60 degrees Centigrade using the test methods specified in 40 CFR 261.21; (2) Pollutants which cause corrosive structural damage to the POTW, but in no case discharges with pH lower than 5.0, unless the works is specifically designed to accommodate such discharges; (3) Solid or viscous pollutants in amounts which cause obstruction to the flow in the POTW resulting in Interference; (4) Any pollutant, including oxygen demanding pollutants (BOD, etc.) released in a Discharge at a flow rate and/or pollutant concentration which will cause Interference with the POTW; (5) Heat in amounts which will inhibit biological activity in the POTW resulting in Interference, but in no case heat in such quantities that the temperature at the POTW Treatment Plant exceeds 40°C (104°F) unless the Division, upon request of the POTW, approves alternate temperature limits; (6) Petroleum oil, non -biodegradable cutting oil, or products of mineral oil origin in amounts that will cause Interference or Pass Through; (7) Pollutants which result in the presence of toxic gases, vapors, or fumes within the POTW in a quantity that may cause acute worker health and safety problems; or (8) Any trucked or hauled pollutants, except at discharge points designated by the POTW. c. The Permittee shall investigate the source of all discharges into the POTW, including slug loads and other unusual discharges, which have the potential to adversely impact the Permittee's Pretreatment Program and/or the operation of the POTW. The Permittee shall report such discharges into the POTW to the Director or the appropriate Regional Office. Any information shall be provided orally within 24 hours from the time the Permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the Permittee becomes aware of the circumstances. The written submission shall contain a description of the discharge; the investigation into possible sources; the period of the discharge, including exact dates and times; if the discharge has not ceased, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance, Version 1110912011.1 H 5. NPDES Permit Standard Pa; With regard to the effluent requirements listed in Part 1 of this permit, it may be necessary for the Permit supplement the requirements of the Federal Pretreatment Standards (40 CFR, Part 403) to ensure compffi the Permittee with all applicable effluent limitations. Such actions by the Permittee may be necessary regarding some or all of the industries discharging to the municipal system. The Permittee shall require any Industrial User (IU) discharging to the POTW to meet Federal Pretreatment Standards developed under Section 307(b) of the Act as amended (which includes categorical standards and specific local limits, best management practices and narrative requirements). Prior to accepting wastewater from any Significant Industrial User (SIU), the Permittee shall either develop and submit to the Division a new Pretreatment Program or, as necessary, a modification of an existing Pretreatment Program, for approval as required under section D below as well as 15A NCAC 02H .0907(a) and (b). [40 CFR 122.440)(2)] This permit shall be modified, or alternatively, revoked and reissued, to incorporate or modify an approved POTW Pretreatment Program or to include a compliance schedule for the development of a POTW Pretreatment Program as required under Section 402 (b)(8) of the CWA and implementing regulations or by the requirements of the approved State pretreatment program, as appropriate. Section D. Pretreatment Programs Under authority of sections 307 (b) and (c) and 402(b)(8) of the CWA and implementing regulations 40 CFR 403, North Carolina General Statute 143-215.3(14) and implementing regulations 15A NCAC 02H .0900, and in accordance with the approved pretreatment program, all provisions and regulations contained and referenced in the pretreatment program submittal are an enforceable part of this permit. [40 CFR 122.440)(2)] The Perinittee shall operate its approved pretreatment program in accordance with Section 402(b)(8) of the CWA, 40 CFR 403, 15A NCAC 02H .0900, and the legal authorities, policies, procedures, and financial provisions contained in its pretreatment program submission and Division approved modifications thereof. Such operation shall include but is not limited to the implementation of the following conditions and requirements. Terms not defined in Part II or Part IV of this permit are as defined in 15A NCAC 02H .0903 and 40 CFR 403.3. 1. Sewer Use Ordinance (SUO) The Permittee shall maintain adequate legal authority to implement its approved pretreatment program. [15A NCAC 02H .0903(b)(32), .0905 and .0906(b)(1); 40 CFR 403.8(f)(1) and 403.9(b)(1) and (2)] 2. Industrial Waste Survey (IWS) The Permittee shall implement an IWS consisting of the survey of users of the POTW collection system or treatment plant, as required by 40 CFR 403.8(f)(2)(i-iii) and 15A NCAC 02H .0905 [also 40 CFR 122.440)(1)], including identification of all Industrial Users that may have an impact on the POTW and the character and amount of pollutants contributed to the POTW by these Industrial Users and identification of those Industrial Users meeting the definition of SIU. Where the Permittee accepts wastewater from one or more satellite POTWs, the IWS for the Permittee shall address all satellite POTW services areas, unless the pretreatment program in those satellite service areas is administered by a separate Permittee with an approved Pretreatment Program. The Permittee shall submit a summary of its IWS activities to the Division at least once every five years, and as required by the Division. The IWS submission shall include a summary of any investigations conducted under paragraph C.2.c. of this Part. [15A NCAC 02H .0903(b)(13), .0905 and .0906(b)(2); 40 CFR 403.8(f)(2) and 403.9] 3. Monitoring Plan The Permittee shall implement a Division -approved Monitoring Plan for the collection of facility specific data to be used in a wastewater treatment plant Headworks Analysis (HWA) for the development of specific pretreatment local limits. Effluent data from the Plan shall be reported on the DMRs (as required by Parts II.D and II.E.5.). [15A NCAC 02H .0903(b)(16), .0906(b)(3) and .0905] 4. Headworks Analysis (HWA) and Local Limits The Permittee shall obtain Division approval of a HWA at least once every five years, and as required by the Division. Within 180 days of the effective date of this permit (or any subsequent permit modification) the Permittee shall submit to the Division a written technical evaluation of the need to revise local limits (i.e., an updated HWA or documentation of why one is not needed) [40 CFR 122.44]. The Permittee shall develop, in accordance with 40 CFR 403.5(c) and 15A NCAC 02H .0909, specific Local Limits to implement the prohibitions listed in 40 CFR 403.5(a) and (b) and 15A NCAC 02H .0909. Pursuant to 40 CFR 403.5, local limits are Version 1110912011.1 NPDES Permit Standard Conditions Page 17 of 18 gable Pretreatment Standards as defined by 40 CFR 403.3(l). [15A NCAC 02II.0:903(b)(10), .0905, and b)(4)] 5. Industrial User ;Pretreatment Permits (IUP) .& Allocation Tables In accordance with NCGS 143-2.15.1, the Permittee shall issue to all Significant Industrial Users, permits Tor operation of pretreatment equipment and discharge to the Permittee's collection system or treatment works. These. permits shall contain limitations; sampling protocols, reporting requirements, appropriate standard and special conditions, and compliance schedules as necessary for the installation of treatment and control "technologies to assure that their wastewater discharge will meet all applicable pretreatment standards and requirements. The Permittee shall maintain a current Allocation Table (AT) which summarizes :the results of the HWA and the limits from all IUPs. Permitted:NP loadings for each parameter cannot exceed the treatment capacity of the POTW as determined by the HWA. [15A NCAC 02H .0906(b)(6), .0909, .0916, and 0917; 40 CFR 403.5, 403.8(f)(1)(iii); NCGS 143-215.67(a)] 6. Authorization to Construct (AtQ The Permittee shall ensure that an Authorization to Construct permit (AtQ 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 ito comply with all Industrial User Pretreatment Permit (IUP) limitations. [15A NCAC 02H .0906(b)(7) and .0905; NCGS 143 215.1(a)(8)]' POTW Inspection & Monitoring; of their IUs The Permittee shall conduct inspection, surveillance,, and monitoring activities as described in its Division approved pretreatment program in order to determine, independent of information supplied by Industrial Users, compliance with applicable pretreatment standards. ,[15A NCAC 02H .0908(e); 40 CFR 403'.8(f)(2)(v)] The Permittee must: a. Inspect all Significant Industrial Users (SIUs) at least once per calendar year; b. 'Sample all Significant Industrial Users (SIUs) at least once per calendar year for all 'SIU permit -limited parameters including flow except as allowed under 15A NCAC .0908(e); and c. At least once per year, document an evaluation of any non -significant categorical Industrial User for compliance with the requirements in 40 CFR 403.3(v)(2), and either continue or revoke the designation as non- significant. 8. IU SelfMonitoring 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 1.5A NCAC 0214.0908. [15_A NCAC 02H .0906(b)(5) and .0905; 40 CFR 403.8(f)(1)(v) and (2)(iii); 40 CFR 122.440)(2) and 40 CFR 403.12]' 9. Enforcement Response Plan (ERP) The Permittee shall enforce and obtain appropriate remedies for violations of all pretreatment standards promulgated pursuant to section 307(b) and (c) of the CWA (40 CFR 405 et. seq.), prohibitive discharge standards as set forth in 40 CFR 403.5 and 15A NCAC 02H .0909, specific local limitations, and other pretreatment requirements. All remedies, enforcement actions and other; shall be consistent with the Enforcement Response. Plan. (ERP) approved by the Division. [15A NCAC 02H .0903(b)(7), .0906(b)(8) and .0905; 40 CFR403.8(f)(5)] 10. Pretreatment Annual Reports (PARS' The Permitter shall report to the Division in accordance with 15A NCAC 02H .0908 In lieu of submitting annual reports, Modified Pretreatment. Programs developed under 15A NCAC 02H .0904 (b) may be required to submit a partial annual report or to meet with Division personnel periodically to discuss enforcement of pretreatment requirements and other pretreatment implementation issues. For all other active pretreatment programs, the. Permittee shall submit two copies of'a Pretreatment Annual Report (PAR) describing, its pretreatment activities over the previous calendar year to the Division at the following address: <_ Version 1110912011.1 NPDES Permit Standard Pap NC. D'ENR / Division of Water Resources / Water Quality Permitting Section Pretreatment, Emergency Response; and Collection Systems (PERCS) Unit 1617 Mail Service Center Raleigh, North Carolina 27699-161.7 These reports shall be submitted by March 1 of each year and shall contain the following: a. Narrative A narrative summary detailing actions taken, or proposed, by the Permittee to correct significant non- compliance and to ensure compliance with pretreatment requirements; b. Pretreatment Program Summpg (PPS) A pretreatment program summary (PPS) on forms or in a format provided by the. Division; C. Significant Non -Compliance Report. (SNCR) A list of Industrial Users (1Us) in significant noncompliance (SNC) with pretreatment requirements, and the nature of the violations on forms or in a format provided by the. Division; d. Industrial Data Summary Forms (IDS'F) Monitoring data from samples collected by both the POTW and the Significant Industrial Users (SIUs). These analytical results must be reported on Industrial Data Summary Forms (IDSF) or on other :forms or in a format provided by the Division; e. Other Information Copies of the POTW's allocation table, new or modified enforcement compliance schedules, public notice of IUs in SNC, a summary of data or other information related to significant noncompliance determinations for IUs that are not considered SIUs, and any other 'information, upon request, which in the opinion of the Director is needed to determine compliance with the pretreatment implementation requirementsof this permit; 11. Public Notice The. Permittee shall publish annually a list of Industrial Users (IUs) that were in significant noncompliance (SNC) as defined in the Permittee's Division -approved Sewer Use Ordinance with applicable pretreatment requirements and standards during the previous twelve month period. This list shall be published within four months of the applicable twelve-month period. [15A NCAC 02H .0903(b)(34), .0908(b)(5) and .0905 and 40 CFR 403.8(f)(2)(viii)] 12. Record 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 and shall retain all other Pretreatment Program records as required by 15A NCAC 02H .0908(f). [15A NCAC 02H .0908(f); 40 CFR 403.12(o)] 13. Pretreatment Program Resources The Permittee shall maintain adequate funding and qualified personnel to accomplish the objectives of its approved pretreatment program. and retain a written description of those current levels of inspection. [I 5A NCAC 02H .0906(b)(9) and (10) and .0905; 40 CFR 403.8(f)(3), 403.9(b)(3)] 14. Modification to Pretreatment Programs Modifications to the approved pretreatment program .including but not limited to local limits modifications, POTW monitoring of their Significant Industrial Users (SIUs), and Monitoring, Plan modifications, shall be considered a permit modification and shall be governed by 40 CFR 403.18, 15 NCAC 02H .0114 and 15A NCAC 02H .0907. Version 1110912011.1 P 61�aterke�aa�r�es . '�WYER4d�18�tEid'��A:. rtatlR,Lc7 Marisue Hilliard, Forest Supervisor USDA U S Forest Service PO Box 2750 Asheville, NC 28802-2750 aF F.�:T IvIC.CRORY .fia:ensvr February 10, 2016 SUBJECT: NOTICE OF VIOLATION Tracking Number: NOV-2016-LV-0067 Permit No. NCO020460 Sliding Rock Recreation Area WWTP Transylvania County Dear Permittee: PP.�T ►LDR V A'4 DEA V A R,T :s JAY 2IMM. EI RM4W LiirecIl,+� A review of the August 2015 Discharge Monitoring Report (DMR) for the subject facility revealed the violation(s) indicated below: Limit Exceedance Violation(s): Sample Location Parameter Limit Reported Date Value Value Type of Violation 001 Effluent Flow, in conduit or thru 8/31/2015 0.005 0.006 Monthly Average Exceeded treatment plant (50050) 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. It was noted that the DMR was marked "Compliant." Please review the flows for the August 2015 DMR and submit a written response within 10 days of receipt of this letter to this Office explaining why the Monthly Average Flow exceeded the permit limit by 20%. State of North Carolina I Environmental Quality I Water Resources 2090 U.S. 70 Highway, Swannanoa, NC 28778 828-296-4500 If you have any questions concerning this matter, please contact Janet Cantwell of the Asheville Regional Office at 828-296-4500. Sincerely, G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDEQ Cc `WQSFAsheville_Regional.-0ffce� Eofo.rcement File _,- ra_.Enf _ ..� :: '. r NPDES Compliance/Enforcement Unit - Enforcem_ram:.�..ent File James & James Environmental/ ORC G:\WR\WQ\Transylvania`•,VJastet ater',Minors\.sliding Rock 204601,NOV-2016-LV-0087.rtf 'JpWA NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor Charles F. Gay USDA -US Forest Service Sliding Rock Recreation Area 160 Zillicoa Street, Suite A Asheville, NC 28801-1082 Dear Permittee: Donald R. van der Vaart Secretary April 29, 2015 Subject: Acknowledgement of Permit Renewal Permit NCO020460 Henderson County The NPDES Unit received your permit renewal application on April 28, 2015. A member of the NPDES Unit will review your application. They will contact you if additional information is required to complete your permit renewal. You should expect to receive a draft permit approximately 30-45 days before your existing permit expires. If you have any additional questions concerning renewal of the subject permit, please contact Charles Weaver (919) 807-6391. Sincerely, \A/rP.vv Tkt,Z0o o0 Wren Thedford Wastewater Branch cc: Central Files CA'vilf&9,6gionalODIckV NPDES Unit 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 Phone: 919-807-63001 Fax: 919-807-64921Customer Service: 1-877-623-6748 Internet:: www.ncwater.orq An Equal Opportunity�Affirmative Action Employer NPDES APPLICATION - FORM D ately-owned treatment systems treating 100% domestic wastewaters <1.0 MGD Mail the complete application to: N. C. DENR / Division of Water Quality / NPDES Unit 1617 Mail Service Center, Raleigh, NC 27699-1617 NPDES Permit 000020460 77-71 Tleting this form in computer use the TAB key or the up - down arrows to move from one r � �., " � . To check the boxes, click your mouse on top of the box Otherwise, please print ar type. 1. Contact Information: Owner Name USDA - US Forest Service Facility Name Sliding Rock Recreation Area Mailing Address 160 Zillicoa Street, Suite A R EGeivEsninEm NJRIDWR City Asheville State / Zip Code NC 28801-1082 APR 2 0 2015 Telephone Number 828-257-4231 Water Quali4y on Fax Number 828-257-4884 e-mail Address charliegay@fs.fed.us 2. Location of facility producing discharge: Check here if same address as above ❑ Street Address or State Road US Highway 276 north of Pisgah Forest City Pisgah Forest State / Zip Code NC County Transylvania 3. Operator Information: Name of the firm, public organization or other entity that operates the facility. (Note that this is not referring to the Operator in Responsible Charge or ORC) Name USDA - US Forest Service Mailing Address 160 Zillicoa Street, Suite A City Asheville State / Zip Code NC 28801-1082 Telephone Number 828-257-4231 Fax Number 828-257-4884 e-mail Address charliegay@fs.fed.us of 1 of 3 Form-D 11112 NPDES APPLICATION - FORM D privately -owned treatment systems treating 100% domestic wastewaters <1.0 MGD Description of wastewater: Facility Generating Wastewater(check all that apply): Industrial Number of Employees Commercial Number of Employees 5 Residential Number of Homes School Number of Students/Staff Other X Explain: Recreation Area Describe the source(s) of wastewater (example: subdivision, mobile home park, shopping centers, restaurants, etc.): Domestic ,Taste from restrooms, showers Number of persons served: 50 5. Type of collection system X Separate (sanitary sewer only) ❑ Combined (storm sewer and sanitary sewer) 6. Outfall Information: Number of separate discharge points 1 Outfall Identification number(s) 001 Is the outfall equipped with a diffuser? ❑ Yes X No 7. Name of receiving stream(s) (NEW applicants: Provide a map showing the exact location of each outfall): North Fork Mills River S. Frequency of Discharge: X Continuous ❑ Intermittent If intermittent: Days per week discharge occurs: Duration: _ 9. Describe the treatment system List all installed components, including capacities, provide design removal for BOD, TSS, nitrogen and phosphorus. If the space provided is not sufficient, attach the description of the treatment system in a separate sheet of paper. A 0.005 facility with 5000 gallon septic tank, distribution box (siphon bell removed) with filter (accessible via manhole), sand filter with 4" diameter perforated PVC laterals, tablet chlorine disinfection, chlorine dissipation pond, tablet dechlorination, effluent gravity outfall. 2 of 3 Form-D 11112 NMZS APPLICATION - FORM D For privaUly-owned treatment systems treating 1000/odomestic WwtOvmters <1-0 MGD 10. Mow wornmtion: 1'reatraent Plant Design flow 0.005 MGD Ann=1 Ave rw daily fiaw.0011 MOD (for tbt.- previous 3'years) BEwr,i=,u= daily ftw WGD _0.003 (for the previous 3 yvarg) 11. Is this facility located on Indian country?. 0 Yea X -1,40 12. Effluent Data. 10tv Provide curia far tha; parameters listed TenyvrcaaM and PH qza"l Ize grab stun at i ' ples, for all other pa=,we-ters —'-4-hour compbsiW samplirzzp shall be used. lf.=W than Otte a" OsUf(L-POAUd- rvpo,.*t d2zly maxirri3srlt and monthly averogA? tf onlji ons waaftjn� is mi v rwd, r*�.vrt as dau"y maximum.AgNERAL APPVCAJVM- Provide the Idg1wst single readfhg (Dally JW"ax&num) and Mon"y Amage O"Ir fho YV7-,Zt -qh,Mnr)th-Q fhr nnTnrnMPrjz r7i7rimtlu rn zinur parmit- Mwk other pqram&ers gY/A'- Peter DOY blaxi=um Monthly units of Measurement BiocheTnical Oxygui- Dfumund (BODs) 4..S 4,5 mcf/ 1, Fecal Coliform CV-U/100ML Total Suspended SoUds 45.0 26.4 Tempemurd (Summer) 201 C TemTwature (wint-er) CLOSW CLOSBD C PH 'T.0 13. List all permits, *onstruction approvals and/or applicationc Type Permit Number Type Ha2ardoua Waste (RCRA) NESHAPS (CAA) UIC (.DWA) Oceim DuiapLng ("KIPRSA) NCO020460 Dredg or fifi (S=Unri 404 or CWA) PSD (CAA) Other No-3-atmin.ment program (CAA) 14.. APIMICAM CERTIFICATION I cartify that I am familiar with the information contained in the application and that to the best of ray knowledge and belief such Wormition.is true, C*=Plete�, and accumte- name 1\10m, Carolina Genew 4.1-216.6 (b)(2) states: Any PeSW WW kiir*Vy MaXiS ArIV fAlW SWelh0t MRmmam"'o, Of wtflu-i-Im In any ! � 'r� 01UV naisirlmt 8PPrj;aW,,vx4d, re Tolan, fx oftr cloctownt Ides of ra(il�Md to bU nlai.&nad UAdef A669 21 Or M-CV; of N% S11AtZ-" 0' - cornmiszr Impepmthg V ktide, q who wsf�w, � iwA, or kncw,,?y rendsm h=,ras any re=t'�Isg w moirftring dayca. ormeTM required to be qwsted or malftied under A!We 21 or rest, Lions of the Einkonrrp-�',d MwM"Ism Cwrrrft�= in, WMtn that Arfi6eAa x g IM gwN of a ry a fine W toucad,' 528.0W, fa by irnpis=rOtwl 10 Vx*d c4'X =63, Or hY bct, fIS U&C $0CW 1^ 1 rom"D 111112 James & James Environmental Management, Inc. 3801 Asheville Hwy., Hendersonville, N. C. 28791 OFFICE: (828) 697-0063 FAX: (828) 697-0065 N. C. Department of Environment and Natural Resources Division of Water Quality/NPDES Unit 1617 Mail Service Center Raleigh, N. C. 27699-1617 Regarding All Waste Water Facilities Operated by James & James Environmental Mgt:, Inc To Whom It May Concern: This letter is to request the renewal of the permit for the waste water treatment facility of Sliding Rock WWTP, NPDES number NC0020460. Sincerely r]4�7 �� Jua James James and James Environmental Mgt., Inc. jjemi@bellsouth.net James & James Environmental Management, Inc. 3801 Asheville Hivy., Hendersonville, N. C. 28791 OFFICE: (828) 697-0063 FAX: (828) 697-0065 N. C. Department of Environment and Natural Resources Division of Water Quality/NPDES Unit 1617 Mail Service Center Raleigh, N. C. 27699-1617 Regarding All Waste Water Facilities Operated by James & James Environmental Mgt., Inc. To Whom It May Concern: Sludge from this facility (Sliding Rock WWTP NCO020460 is pumped by Mike's Septic Tank Service and is permitted to be dumped at Brevard Waste Treatment System and MSD. Sincerely Juanita James James and James Environmental Mgt., Inc. jjemi@bellsouth.net AN a NCDETIR FI r North Carolina Department of Environment and Natural Resources Division of Water Quality Thomas A. Reeder John E. Skvarla, III Acting Director Secretary July 10, 2013 Marisue Hilliard USDA U.S. Forest Service PO Box 2750 Asheville NC 28802-2750 SUBJECT: Compliance Evaluation Inspection Sliding Rock Recreation Area Permit No: NCO020460 Transylvania County Dear Ms. Hilliard : Enclosed please find a copy of the compliance evaluation inspection conducted on June 20, 2013. The site was free of vegetation and the filter bed area looked to be well maintained. No violations of permit requirements or applicable regulations were observed during this inspection. Please refer to the enclosed inspection report for additional observations and comments. If you or your staff have any questions, please call me at 828-296-4500. Sinc:2nzel Jeff Environmental Specialist Enclosure cc: Juanita Reed James, ORC Central Files Asheville-File� �` G SURFACE WATER PROTECTION —ASHEVILLE REGIONAL OFFICE ' One Location: 2090 U.S. Highway 70, Swannanoa, NC 28778 NorthCarolina Phone: (828) 296-4500\FAX: 828 299-7043 Internet: www.ncwaterauality.ora 7W )aturq«9 S:\SWP\Transylvania\Wastewater\Minors\Sliding Rock 20460\20460 CEI 2013.doc United States Environmental Protection Agency Form Approved. Washington, D.C. 20460 OMB No. 2040-0057 VPA Approval expires 8-31-98 Section A: National Data System Coding (i.e., PCs) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 INI 2 15 I 31 NCO020460 111 121 13/06/20 117 181 C I 19I S I 20III Remarks 21111111111111111111111111111111111111111111111i6 Inspection Work Days Facility Self -Monitoring Evaluation Rating B1 QA ---------------Reserved-------- -- 671 169 70III 71 I I 721 N I 73 LU 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) 11:00 AM 13/06/20 11/02/01 Sliding Rock Recreation Area Exit Time/Date Permit Expiration Date US Hwy 276 Pisgah Forest NC 28768 11:30 AM 13/06/20 16/01/31 Name(s) of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data Juanita Reed James/ORC/828-697-0063/ Name, Address of Responsible Official/Tit] e/P hone and Fax Number Contacted Marisue Hilliard,PO Box 2750 Asheville NC 288022750/Forest No Supervisor/828-257-4200/8282574263 Section C: Areas Evaluated During Inspection (Check only those areas evaluated) Operations & Maintenance 0 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 In ctor(s) Agency/Office/Phone and Fax Numbers /Date Jeff Menzel ARO WQ//828-296-4500/ 7/ 4//5 Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date 1� 1'�-- EPA Form 3560-3 (Rev 9-94) Previous editions are obsolete. Page # 1 NPDES yr/mo/day 31 NCO020460 111 12I 13/06/20 117 Section D: Summary of Inspection Type 18I CI additional sheets of narrative and checklists as This was an unannounced inspection. There was no discharge occurring at the time of inspection. The site was free of vegetation and the filter bed area looked to be well maintained. No violations of permit requirements or applicable regulations were observed during this inspection. Page # 2 Permit: NCO020460 Date: 06/20/2013 & Maintenance Owner - Facility: Sliding Rock Recreation Area Inspection Type: Compliance Evaluation 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 fl Judge, and other that are applicable? Comment: Sand Filters (Low rate) (If pumps are used) Is an audible and visible alarm Present and operational? Is the distribution box level and watertight? Is sand filter free of ponding? Is the sand filter effluent re -circulated at a valid ratio? # Is the sand filter surface free of algae or excessive vegetation? # Is the sand filter effluent re -circulated at a valid ratio? (Approximately 3 to 1) Comment: The site was free of vegetation and the filter bed area looked to be well maintained. Yes No NA NE Page # 3 03:54PM 8286970065 JAMES & JAMES Water Pollution Control System Operator Designation ]Form WKSOCC NCAC 15A 8C .0201 •ntittee Ownet'/Ofliteer Maine, 1 5 ilingAddrress•_.._ pit,•:-�Ir.:•1� stsl,<: Email address; Zip: c"�_ ` Phone #• 14s. _ fell u< t I Signature: 1 ..................... Date, ................................. _............................................. ..... PAGE 02/09 Facility Name: Permit tt: A ILr'W_3 C! SUBMIT Aj SEPARATE FORM Fop. EACH TYPE SYSTEM! fogilhv Biologics! WWTP l Surface Trrigation Physical/Chemical 1 Land Application Collection System --� ............................... Operator In Respon We Charge (ORC) •; Prim lull A'arne• QxY,.e, j Certificate Type / Grade / Number. Sisature: !� "I certif that 1 ttmy�dlffi!:on as the Upef and rcguiationa petlsintttg to the responalbililits of iActions by the Water Pollution Control 5ysiem (p, .. ............................................ 108ek-Up Operator W Responsible Char ;Prim Full Name: .Certificate Type I Grade I Number: Signature; •.'I certif; that I agrw to my designation as a Badc-u1 ;ales and regulations pertaining to the respoastbilltle 01sciplinan Actions by the Water Pollotlon Control ............................. 4............. ,Malt, fax or email the Wye$pC� Mail or jrrx a cop). to the Aslievitia appropriate Regional office.- 2090 its H►+3, 7t1 $wannmoa 2877 Fax; 828.299,704 Phone: 828.296.i Y�01'G l 1 r7 `] V►'ork !'hone #: Date: / / 4 / in Responsible Charge far the facility houd.l undsrstand and will abide by the miles ORC us set £Olin ir. 13A NCAC 080.0204 end filling, w do so can mutt in Diseiplinaq = ratification Cotnmiaslon,^ ................................................................. (BU ORQ ..... gLr13 Work Phone #: L��-0 Date: Op mtor in Re wmiblc Chap for the facility noted. I andemtend and will abide by the of the BL! QRC as set rmih in 1 SA NCAC 08G .0205 m,d failing to do so can re8t11t in ►yam Uper WM c0dificadon Commission.' .......................................................................... 1 lVlail$ervice tinter, italeigh, NC 27699.iG1$ Fax: 9I9.807.t+492 ,. Mas; „" Fayetteville 225 Green$1 Nfooresvilis 610 E CaMMANt Rslcgh 3800 Baron Dr Suite 714 Fayettzrille28301.5043 Suite 301 hiocresville2$115 Raleigh x7609 Fw-919.5h'1.471a Fax; 910AM.0707 Pbonc_ %&433.3300 Fax: 704.663.8040 Phone, 704.663.1699 Fhone.919.791,4= wt 943bW it iagton winatoa�Saltin llln SI WashlrWon 27889 ,R Mail Car4al Dr W71mington 2840S,2845 585 Wttu town SI • Winston-Salem 27107 Fax; 252.946.92114 Phone; 252.946.6181 FaY: 910350.2oiv Phone: 910,796.7315 Fri;: 3M.771.4631 Phone; 336.771.5000 FtWSW 02-2013 03;54PM 8286970065 JAMES & JAMES PAGE 03/09 P Facility Name: l n .................................................... Back Up Operator in Responsible Chat j Print Full Name: 11 Certificate Type / Grade / Number RWPC "I certify that I agrcc to my dGignation as a Sack up rules pnd regulations pertaining to the rosponsibilities Disciplinary Actions by the Water Pollution Control ...........r................................ Up Operator In Responsible Full Name: / (5gde / "I certify that I agree to my designe4ou w a Back-up rules and regulations pertaining to the responsibilities Disciplinary Actions by the Water Pollution Control .....:................................................ Back -Up Operator in Responsible CharRi i \\ PrintjFUII Name: U I c�Gk m-4E Certificate Type / Grade / NumberWes 'I certify that I agree to my designation as a Back-up tales and regulations pertaining to the responafbllldes Disciplinary Actions by the Water Pollution Control S ..................................................... Back Up Operator in Responsible Charge Print VIAI Name: In zCdj,4 Certificate 'type / Grade / Number.Bw Signature: 5111 -"I Permit #: NC 6630 V 6a .... Y...Y........ ..I..Y...............R..i..Y.............YY/...... II...R.Y...... (BU ORC) M gam- Work Phone #: W tag - QQ �� or iti Responsible Charge for the facility noted. I understand and will abide by the Bii ORC as set forth in 15A NCAC 08G .0205 and failing to do so can result in Operators Certification Comtirjssion:' ..1..0 ....................................M.............1....................... (BU ORC) Work Phone #: (M C09 9 - 06 6� Date; aerator in Responsible Charge for the facility noted. I understand and will abide by the the BU ORC as sat forth in 15A NCAC 08G .0205 and failing to do so can result in tem Operators Certification Commission." ••...Y......................................"4.................................. (BU ORC) Work Phone #: A' (0 9 9 00 tea Date:_ _ f 6 xator in Rmponsible Charge for the facility note& I understand and will abide by the he BU ORC as set forth in 15A NCAC 080.0205 and tailing to do so = result in am Operamrs Certification Commission." ..I...............................................................................Y.. )U ORC) Work Phone#rt; (RAkT (p�-)-00 (P-'� Date., /L')//G z/Y If "I certify that I agree to my designation as a Back-up Operator in Responsible Charge for the facility noted. I understand and will abide by the rules alyd regulations pertaining to the respoxidbilities ofthe BU ORC as set ibrth in 15A NCAC 08G .0205 and thiling to do so can result in Disciplinary Actions by tha Water Pollution Control System Operators Certification Commission." .................................................................t..........................................:......................................................... Revised 02-2013 JAMES & JAMES ENVIRONMENTAL MANAGEMENT, INC PO BOX 1354, MOUNTAIN HOME, NC 28758 (828) 697-0063 OFFICE (828) 697-0065 FAX PERFORMANCE ANNUAL REPORT - 2011 Sliding Rock, USDA Forest Service Mr. Charlie Gay Permit Number: NCO020460 System Description A gravity feed system into a 5000 gallon septic tank sand filter facility, tablet feed chlorinator, chlorine contact chamber, tablet feed de -chlorinator, and effluent gravity line. Performance This system has run very well. Violations and corrective actions taken none This report has been sent to the Owner with directions to give notification of the availability of this report to each of their users. A certified statement will be sent to the State when this notice has been issued. I certify under penalty of law that this report is complete and accurate to the best of my knowledge. I further certify that this report has been made available to the users or customers of the named system and that those users have been notified of its availability. I also certify that this report has been given to the owner of this facility with explicit directions to make the user aware of the availability of this report and the location with which a copy can be viewed or received. James & James Environmental Mgt., Inc cannot certify that the latter has been completed and will enclose a letter of certification -to be mailed to the State of North Carolina on behalf of this entity along with all pertinent information regarding this system for the conclusion of this requirement. Thank you, Juanita James James & James Environmental Management, Inc. .a-�:.aw.+.-Wn'i�!t.i;Se it�L+Xr�l•'!S�1.t f}��k4N,:�b'"�.k i'�,:s'. .. ..... D E E-ff u9 2012 WATER QUALITY SECTION ASHEVILLE RL-GIONAL GFFICE PERFORMANCE ANNUAL REPORT - 2011 Rock, USDA Forest Service Mr. Charlie Gay Permit Number: NCO020460 A copy of the Performance Annual Report has already been filed with the State of North Carolina Division of Water Quality in triplicate by James & James Environmental Management, Inc. and should be in your possession at this time. On that report, the certification was stated that I, the responsible party of this facility, has received a copy of this report and was directed to give the users knowledge of this report and access to it. Therefore: I certify under penalty of law that this report prepared by James & James Environmental Management, Inc. is complete and accurate to the best of my knowledge. I further certify that this report has been made available to the users or customers of this documented system and that those users have been notified of its availability. Thank you, Mr. Charlie Gay Sliding Rock, USDA Forest Service PERFORMANCE ANNUAL REPORT - 2010 ,,.�.....g Rock, USDA Forest Service Permit Number: NCO.02046®p Mr. Dave Valez A copy of the Performance Annual Report has already been filed with the State of North Carolina Division of Water Quality in triplicate by James & James Environmental Management, Inc. and should be in your possession at this time. On that report, the certification was stated that I, the responsible party of this facility, has received a copy of this report and was directed to give the users knowledge of this report and access to it. Therefore: I certify under penalty of law that this report prepared by James & James Environmental Management, Inc. is complete and accurate to the best of my knowledge. I further certify that this report has been made available to the users or customers of this documented system and that those users have been notified of its availability. Thank you, Mr. Dave Valez Sliding Rock, USDA Forest Service lir - 1 ij� i MIAR I 0 2011fD VVA ( tH 0..UALITY 9FCTi0N �A_�'`� - - , - (' JAI_ - --ICE ' R E EI MAR e 7 2011 I JAMES & JAMES ENVIRONMENTAL MANAGEMENT, INC PO BOX 1354, MOUNTAIN HOME, NC 28758 (828) 697-0063 OFFICE (828) 697-0065 FAX PERFORMANCE ANN LTAL REPORT — 2010 Sliding Rock, USDA Forest Service Mr. Dave Valez Permit Number: NCO020460 System Description A gravity feed system into a 5000 gallon septic tank sand filter facility, tablet feed chlorinator, chlorine contact chamber, tablet feed de -chlorinator, and effluent gravity line. Performance This system had no mechanical problems this year. The beds were cleaned twice and the tank was inspected. No repairs were needed. The facility closed earlier in the fall due to the repaving of the parking lot. Violations and corrective actions taken none This report has been sent to the Owner with directions to give notification of the availability of this report to each of their users. A certified statement will be sent to the State when this notice has been issued. I certify under penalty of law that this report is complete and accurate to the best of my knowledge. I further certify that this report has been made available to the users or customers of the named system and that those users have been notified of its availability. I also certify that this report has been given to the owner of this facility with explicit directions to make the user aware of the availability,of this report and the location with which a copy can be viewed or received. James & James Environmental Mgt., Inc cannot certify that the latter has been completed and will enclose a letter of certification to be mailed to the State of North Carolina on behalf of this entity along with all pertinent information regarding this system for the conclusion of this requirement. ank you, eani,James James & James Environmental Management, Inc. �k a� 64 i� §V� 120d k PERFORMANCE ANNUAL REPORT - 2010 Rock, USDA Forest Service Mr. Dave Valez Permit Number: NCO020460 A copy of the Performance Annual Report has already been filed with the State of North Carolina Division of Water Quality in triplicate by James & James Environmental Management, Inc. and should be in your possession at this time. On that report, the certification was stated that I, the responsible party of this facility, has received a copy of this report and was directed to give the users knowledge of this report and access to it. Therefore: I certify under penalty of law that this report prepared by James & James Environmental Management, Inc. is complete and accurate to the best of my knowledge. I further certify that this report has been made available to the users or customers of this documented system and that those users have been notified of its availability. Thank you, Mr. Dave Valez Sliding Rock, USDA Forest Service JAMES & JAMES ENVIRONMENTAL MANAGEMENT, INC PO BOX 519, MOUNTAIN HOME, NC 28758 (828) 697-0063 OFFICE-,�r�;s (828) 697-0065 FAX November 14, 2012 Surface Water Protection Section Asheville Regional Office 2090 U.S. Highway 70 Swannanoa, NC 28778 NOV 1 5 2012 t� �..�-...._.--.._.. i W,vi'EF" C2UhL.i Y S CZ i l�l RE: Sliding Rock NPDES Permit Number NCO020460 Closing for winter;:._;. Dear Mr. Cranford, It was a pleasure speaking with you this afternoon. I appreciate your instruction regarding the letter itemizing the shutdown procedure for the above facility. The well for Sliding Rock was shut down and the water reservoir drained. The valves were opened and the system drained. This system is on gravity discharge and is a sand filter bed. Therefore, there are no electrical components on the waste water system. The operator will make a one per month visit to confirm that there is no flow from the facility which will be recorded in the log book. A Discharge Monitoring Report will be submitted each month reflecting this status. qanita you, James Old Us Hwy 70 W, Swannanoa, NC 28778 to US-276 N - Google Maps Page 1 of 2 Directions to US-276 N 43.6 mi — about 1 hour 6 mins v'fxvHencirroonIA11eH l4 � Uf G S` fR �. S- ti 7G� Pj%jah Y,+ ` Form a Cyt iy c 276 Brevardc:11eg' ©2012 Google - Map data 02012 Google - http://maps. google. com/maps?mod&source=s_d&saddr=2090+Old+Us+Hwy+70+West,+S... 9/24/2012 Old Us Hwy 70 W, Swannanoa, NC 28778 to US-270.;N..- Google Maps Page 2 of 2 T Old Us Hwy 70 W, Swannanoa, NC 28778 1. Head southwest on Hospital Rd toward Old US Hwy 70 go 0.2 mi total 0.2 mi � 2. rightonto Old US._Hwy 70 go 0.2 mij About51secs total '0. ill 3. Turn left onto Grovestone Rd go 0.3 mi About 1 min total 0.7 mi 70 . 4. Turn right onto US-7.0 W/W State St go'2.4 mi, Continue to follow US-70 W total 3.2 mi About 4 mins, 5. Turn left onto Patton Cove Rd go 0.3 mi About 2 mins total 3.5 mi ®. 6 Turn" iht.to merge onto°I-40 W '� �' ";; ��; 4 go 7 'mi`i gg Aboumins total 10.9 mi 7. Take exit 51 for Sweeten Creek Rd/U.S. 25A.tbw6rd Asheville go 0.2 mi j total 11.1 mi 8. Turn left onto US-25A S/Sweeten Creek Rd go 7.0 mi' Z5A Continue to follow US-25A S total 18.1 mi About 11 mina 9. US-25A S turns slightly right and becomes N Carolina 280 W/Airport Rd go 18.0 mi 80 Continue to follow N Carolina 280 W total 36.2 mi About 28 mins Z76 10. Turn right onto US-276 N/Pisgah Hwy "` go 7.5 m[, Continue to follow US-276 N total 43.6 mi; Destination will be on the left • "' About 11 mins US-276 N These directions are for planning purposes only. You may find that construction projects, traffic, weather, or other events may cause conditions to differ from the map results, and you should plan your route accordingly. You must obey all signs or notices regarding your route. Map data 02012 Google uirections weren't ngnt? ♦'lease tina.your route on maps:googie.com ana cllcK " Keport a problem" at bottom iett. http://maps.google.com/maps?mod&source=s d&saddr=2:090+Old+Us+Hwy+70+W'est,+S... 9/24/2012 t numbEriv�,0020460 JAMES & JAMES ENVIRONMENTAL MANAGEMENT, INC PO BOX 519, MOUNTAIN HOME, NC 28758 (828) 697-0063 OFFICE (828) 697-0065 FAX Surface Water Protection Section Asheville Regional Office 2090 U.S. Highway 70 Swannanoa, NC 28778 RE: USDA.0 S Forest Service Sliding Rock NPDES NCO020460 NOV-2012-PC-0351 RE: Request for Rescinding NOV Dear Mr. Cranford, a �r • WATER QUALITY ::L:,., 3 '; '�'` ASHEVILLE REG10N1��- C��I__ �� _vr Enclosed you will find the response for NOV-2012-PC-03 5 1 dated October 22, 2012 and received by the U S Forest Service on the 251h day of October, 2012. This NOV is in regard to the inspection conducted at the Sliding Rock Sand Bed by Ms. Janet Cantwell. The noted violations are (1) no log book available at the time of the inspection and (2) there was no dechlorination occurring. First let me address the lack of a log book. Until this year, there was not a location available to mount a container to house the log book. In times past, we have tried to place a container (mail box) within the fenced area only to have the wildlife or vandals find and destroy the contents. These contents included the log book originally and later the permit as well. We contacted the regional office and spoke with Kerry Becker who confirmed that the log (and later the permit) could remain at the well house since the well house was also located on the property. Every inspector since that time has agreed with this. On the day of inspection, there was a copy of the permit in the well house but the operator had the log book with him to record his visit information from the 241h. He had not been back that way as of the time of our visit. There was an older log book still in the well house at the time of our visit. Ms. Cantwell and I, Juanita James, discussed the installation of a mail box on site at the waste water plant. Since that time, a mail box has been mounted to the new wooden walk to the chlorination box. In this mail box is the copy of the permit from the well house and the log book. If the wildlife or vandalism desecrates the documents this time as before, the log book and permit will again be housed in the well house as previously approved. It was also stated in the body of the report that the drinking water log was combined with the waste water log entries. The drinking water division does not require a log book of documentation be on site, therefore, the operator records all their activity while on the Sliding Rock site in one log book. This allows for a complete understanding of the occurrences at the waste water facility from any incoming chlorine residuals, incoming pH levels or any potential excessive water usage from plumbing failures. I believe that this information is vital to understanding and operations of the system. The second item noted was the dechlorination and lack thereof. The permit requires that, at the time the effluent reaches the receiving waters, the chlorine residual must be no greater than 28 micrograms/liter. As noted in the permit description of the facility, there is a chlorine dissipation pond on Rock, permit numbei--0020460 ween the discharge of the facility and the receiving stream. On the day of inspection, and at almost ,ther visit, the chlorine dissipation pond contains no water. The distance from the dissipation pond to riving stream is approximately 25 feet. Even during rain events the flow does not reach the river as a five foot berm located between the chlorine dissipation pond and the river. The flow of the :nt plant is low enough to permeate into the ground. The flow documented on the discharge ring reports each month is from the well meter after the valves are open to the bathrooms. There is low meter at the waste water site. Often, at the time of the operator's visit, there is no visible ge from the effluent pipe. It is understood, however, that the facility does flow due to the reduction ,hlorine pucks and the dampness after the pipe. Therefore, as a fair representation of the facility, we flow of the well with the understanding that not all of the water used is sent to the dosing chamber. _.. _�.1 flow of the well is recorded and ranges from 300 gallons per day to the max flow of 1400 gallons per day during the peak of the season in July. With the above responses, we believe the following: (1) this company and the operator is performing the duties with regard to the log book as allowed by previous inspectors and as requested currently, and (2) with the given performance of the waste water treatment plant, the effluent does not reach the receiving waters and therefore is in compliance with the permit of a chlorine residual of 28 micrograms/liter or less on any given day. If the regional office would like for the operations of the system to be amended in any way, we will accommodate the requests. Please forward any requirements in writing and they will be completed within a 5 working day time frame. We respectfully request that the NOV-2012-PC-0351 be removed from our file due to the above explanation. Thank you for your time and considerations. With regards, Harry & Juanita James A �a ,y NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality as Perdue Charles Wakild, P.E. Dee Freeman Director Secretary October 22, 2012 Ms. Marisue Hilliard, Forest Supervisor USDA U S Forest Service P.O. Box 2750 Asheville, North Carolina 28802-2750 Subject: NOTICE OF VIOLATION NOV-2012-PC-0351 Compliance Evaluation Inspection Sliding Rock Recreation Area WWTP Permit No. NCO020460 Transylvania County Dear Ms. Hilliard: Enclosed please find a copy of the Inspection Report from the inspection conducted September 25, 2012. The Compliance Evaluation Inspection was conducted by Janet Cantwell of the Asheville Regional Office. The treatment facility was found to be in violation of Permit NCO020460 for the following: Inspection Area Compliance Issue Record Keeping No log book was available at the time of inspection. Dechlorination There was no dechlorination but it is listed on the permit. No log book, WWTP permit or operations and maintenance records were available at the time of the inspection as required by the NPDES permit. 15A NCAC 08G.0204(5) of the Water Pollution Control System Operators Rules states: Document the operation, maintenance, and all visitation of the system in a daily log that must be . maintained at the system. SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE Location: 2090 U.S. Highway 70, Swannanoa, NC 28778 Phone: (828) 296-4500\FAX: 828 299-7043 Internet: www.ncwaterguality.org Nne orthCarolina Ms. Marisue Hilliard October 22, 2012 Page Two Log book pages which were emailed from James & James/ ORC the afternoc inspection revealed the WWTP log entries were combined with the drinking water su book for the campground. Records for each facility should be maintained in their ow at their respective sites. The NPDES permit also lists dechlorination as a component of this permit. F explain why dechlorination is not being used. Please refer to the enclosed Inspection Report for any additional observations and comments. To prevent further action, carefully review these violations and deficiencies and respond in writing to this office within fifteen (15) working days of receipt of this letter. You should address the causes of noncompliance and all actions taken to prevent the recurrence of similar situations. If you should have any questions, please do not hesitate to contact Janet Cantwell at 828/296-4500. Sincerely, V Chuck Cranford, Regional Supervisor Surface Water Protection Attachment caftm@WAQ;AsheuilI2jFiie§X / aftac} me DWQ Central Files w/ attachment NPDES Enforcement w/ attachment James & James Environmental/ ORC w/ attachments S:\SWP\Transylvania\Wastewater\Minors\Sliding Rock 20460\NOV-2012-PC-0351.doc United States Environmental Protection Agency Washington, D.C. 20460 Form Approved. PA OMB No. 2040-0057 Approval expires 8-31-98 Section A: National Data System Coding (i.e., PCS) ransaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 I N I 2 15 I 31 NCO020460 111 121 12/09/25 117 18I C I 19I S I 20I II Remarks 2111111111111111.IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII6 Inspection Work Days Facility Self -Monitoring Evaluation Rating B1 QA ----------------Reserved -------- ------------- 67I 169 701 I 711 I 721 N I 73I uI_ 1 174 751 I I I I I I 180 Section B: Facility Data Name and Location of Facility Inspected (For Industrial Users discharging to POTW, also include Entry Time/Date Permit Effective Date POTW name and NPDES permit Number) Sliding Rock Recreation Area 10:55 AM 12/09/25 11/02/01 Exit Time/Date Permit Expiration Date US Hwy 276 Pisgah Forest NC 28768 12:00 PM 12/09/25 16/01/31 Name(s) of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data Name, Address of Responsible Official/Title/Phone and Fax Number Madsue Hilliard,PO Box 2750 Asheville NC 288022750/Forest Contacted Supervisor/828-257-4200/8282574263 Yes Section C: Areas Evaluated During Inspection (Check only those areas evaluated) Permit Records/Reports Facility Site Review Section D: Summary of Finding/Comments Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s) and Signature(s) of Inspector(s) Agency/Office/Phone and Fax Numbers Date Janet Cantwell ARO WQ//828-296-4500 Ext.4667/ Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date EPA Form 3560-3 (Rev 9-94) Previous editions are obsolete. Page # 1 NPDES yr/mo/day 31 NCO020460 1 11 121 12/09/25 117 Inspection Type 18� Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) - The permit shows the plant as having tablet dechlorination but only chlorine tablets were being used. No log book, WWTP permit and operations and maintenance records were available on site at the time of inspection as required by the NPDES permit. 15A NCAC 08G.0204(5) of the Water Pollution Control System Operators Rules states: Document the operation, maintenance, and all visitation of the system in a daily log that must be maintained at the system. Log book pages which were emailed from James & James the afternoon after the inspection revealed the WWTP log entries were combined with the. drinking water supply log book for the campground. Records for each facility should be maintained in their own log book at their respective sites. Page # 2 Permit: NCO020460 Owner - Facility: Sliding Rock Recreation Area tion Date: 09/25/2012 Inspection Type: Compliance Evaluation it Yes No NA NE f the present permit expires in 6 months or less). Has the permittee submitted a new application? n n ■ n Is the facility as described in the permit? n ■ n n # Are there any special conditions for the permit? n ■ n n Is access to the plant site restricted to the general public? ■ n n n Is the inspector granted access to all areas for inspection? ■ n n n Comment: The permit shows the plant as having tablet dechlorination but only chlorine tablets are used. Record Keeping Yes No NA NE Are records kept and maintained as required by the permit? n ■ n n Is all required information readily available, complete and current? n ■ n n Are all records maintained for 3 years (lab. reg. required 5 years)? ❑ n ❑ ■ Are analytical results consistent with data reported on DMRs? n n n ■ Is the chain -of -custody complete? n n n ■ Dates, times and location of sampling n Name of individual performing the sampling Results of analysis and calibration n Dates of analysis n Name of person performing analyses n Transported COCs n Are DMRs complete: do they include all permit parameters? ■ n n n Has the facility submitted its annual compliance report to users and DWQ? ■ n n n (If the facility is = or > 5 MGD permitted flow) Do they operate 24/7 with a certified operator on each shift? ❑ n ■ n Is the ORC visitation log available and current? ❑ ■ n n Is the ORC certified at grade equal to or higher than the facility classification? n n n ■ Is the backup operator certified at one grade less or greater than the facility classification? n n n ■ Is a copy of the current NPDES permit available on site? n ■ n n Facility has copy of previous year's Annual Report on file for review? n n ■ n Comment: No log book was available at the time of inspection Page # 3 _ JAMES & JAMES ENVIRONMENTAL MANAGEMENT, INC PO BOX 1354, MOUNTAIN HOME, NC 28758 (828) 697-0063 OFFICE (828) 697-0065 FAX PERFORMANCE ANNUAL REPORT - 2009 Sliding Rock, USDA Forest Service Mr. Dave Valez Permit Number: NCO020460 System Description A gravity feed system into a 5000 gallon septic tank sand filter facility, tablet feed chlorinator, chlorine contact chamber, tablet feed de -chlorinator, and effluent gravity line. Performance This system had no mechanical problems this year. The beds were cleaned twice and the tank was inspected. No repairs were needed. Violations and corrective actions taken none This report has been sent to the Owner with directions to give notification of the availability of this report to each of their users. A certified statement will be sent to the State when this notice has been issued. I certify under penalty of law that this report is complete and accurate to the best of my knowledge. I further certify that this report has been made available to the users or customers of the named system and that those users have been notified of its availability. I also certify that this report has been given to the owner of this facility with explicit directions to make the user aware of the availability of this report and the location with which a copy can be viewed or received. James & James Environmental Mgt., Inc cannot certify that the latter has been completed and will enclose a letter of certification to be mailed to the State of North Carolina on behalf of this entity along with all pertinent information regarding this system for the conclusion of this requirement. you, T �(2te-4 6c t�J Juanita James James & James Environmental Management, Inc. 2/28/10 MAP 0 5 2010 V�;,`,TER C,Uq!_iTy gi-CTlON "11/11/2009 11:13 8286969738 HARRY JAMES PAGE 01 JAMES & JAMES ENVIRONMENTAL MANAGEMENT, INC PO BOX 519 MOUNTAIN HOME, NC 28758 828-697-0063 Fax: 828-697-0065 [date: It, Number of pages: � Attention: n,rv!n Lt mpanv: Fax Number: Voice Number: 97%.- q(olt-4tD - i ^ - w 1\1.5 0 /-' %A I� NOV 1 1 2009 �1q T ER C?IJALITY ScCTION p,gt \.IEEE RE : IONAL C)FFICE •11/11/2609 11:13 8286969738 HARRY JAMES PAGE 02 JAMES &c JAMES ENVIRONMENTAL. MANAGEMENT, TNC PO BOX 1354, MOUNTAIN TOME, NC 28758 _ (828) 697-0063 OFFICE (828) 697-0065 FAX November 6, 2009 Janet Cantwell North Carolina Division of Water Quality 2090 U S Highway 70 Swannanoa, NC 28778 Re: Sliding Rock Recreational Center, Permit Number NCO020460 NOV-2009-LV-0460 Dear Ms, Catntwell, The Discharge Monitoring 1Zeport for the month ofJune, 2000 dQcwnented a pH of =6.0 su and a fecal coliform of> 60 colonies per 100 mis. Upon review of the field sheet turned in by our operator and confirmed with the log book on site at the facility, the "<" in front on the pH was a clerical error. Upon review ofthe bench sheet from the laboratory, the notated number appeared to have a decimal in the result giving the impression of>60.0 colonies. We reviewed the handwritten documew performed at the bench and found the true interpretation to be >600 colonies. Au amended DM.R was submitted to notate these corrections. The chloride dosage was increased to accommodate the fecal demand.. We apologize for any problems this may have caused. A, new employee was training on these reports and these irregularities were not a trigger for her. She has since been instructed on the common reporting for facilities and to watch for irregularities. We, apologize for this oversight please accept the amended DNIR. if you have additional questions, please contact us. With highest regards, /we are Larry & Juanita James James & James Environmental Mgt., Inc. 1 2009 �TY SH(,IIOP1 i- ;n ;N4i�- J ��„ L N MCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Ms. Monica Schwalbach, Acting Forest Supervisor USDA US Forest Service P.O . Box 2750 Asheville, North Carolina 28802 Dear Ms. Schwalbach: Director October 22, 2009 Subject. NOTICE OF VIOLATION NOV-2009-LV-0460 Permit No. NCO020460 Sliding Rock Recreation Area WWTP Transylvania County Secretary A review of Sliding Rock Recreation Area's monitoring report for June 2009 showed the following violations: Parameter Date Limit Value Reported Value Limit Type pH 06/05/2009 6 su < 6 su (= 0) Daily Minimum Not Reached Fecal coliform 06/16/2009 400 #/100ml >60 #/100m1 Improper Reporting It was also noted that the Compliance box on the back of the DMR was marked "Compliant" when in fact it should have been marked "Non -Compliant" with an explanation of the reason for the non-compliance. Please contact Gary Francies of the DWQ Laboratory Certification Branch for proper laboratory reporting procedures for parameters pH and Fecal coliform. Remedial actions should be taken to correct this problem. The Division of Water Quality may pursue enforcement action for this and any additional violations of State law. To prevent further action, carefully review these violations and deficiencies and respond in writing to this office within 10 working days of receipt of this letter. You should address the causes of non-compliance and all actions taken to prevent the recurrence of similar situations. If you should have any questions, please do not hesitate to contact Janet Cantwell at 8281296-4500. Sincerely, Roger C. Edwards, Regional Supervisor Surface Water Protection Section �� «n� �Q�?vs�leuiihe F�l�S DWQ Central Files Gary Francies/ DWQ Lab Certification Unit James & James Environmental/ ORC G:1bVF'C�T�1Gc l%e" t'=r=sy_Ivar;ia\20G0 Sliuina Rock o„ NoAhCarolina A711117111f North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, N.C. 28778 Phone(828)296-4500 Customer Service Internet: www.ncwaterguality.org FAX (828)299-7043 1-877-623-6748 MOUNTAIN HOMENC 28758 J S & JAMES ENVIRONMENTAL MANAGEMENT-_,. INC,-- PO BOX 1354 (828) 697-0063 OFFICE Ii (828) 697-0065 FAX I ':-- '.,1-1ALITY SECTIOIN PERFORMANCE ANNUAL REPORT — 2008 ?�;::.. _r_ - o ,ESL CFI-fCF Sliding Rock, USDA Forest Service Mr. Dave Valez Permit Number: Imo' +�0072�0 System Description A gravity feed system into a 5000 gallon septic tank sand filter facility, tablet feed chlorinator, chlorine contact chamber, tablet feed de -chlorinator, and effluent gravity line. Performance for 2008 This system had no mechanical problems.this year. The beds were cleaned twice and the tank was inspected. No repairs were needed. Violations for 2008 and corrective actions taken none This report has been sent to the Owner with directions to give notification of the availability of this report to each of their users. A certified statement will be sent to the State when this notice has been issued. I certify under penalty of law that this report is complete and accurate to the best of my knowledge. I further certify that this report has been made available to the users or customers of the named system and that those users have been notified of its availability. I also certify that this report has been given to the owner of this facility with explicit directions to make the user aware of the availability of this report and the location with which a copy can be viewed or received. James & James Environmental Mgt., Inc cannot certify that the latter has been completed and will enclose a letter of certification to be mailed to the State of North Carolina on behalf of this entity along with all pertinent information regarding this system for the conclusion of this requirement. Thank you, Juanita James James & James Environmental Management, Inc. 2/20/09 If RIkk, ®ENP ' ,�J,,\TEP QUALM( POINT SOURCE BP.ANC-H PERFORMANCE ANNUAL REPORT - 2008 Sliding Rock, USDA Forest..Service Mr. Dave Valez Permit Number: NCO020460 A copy of the Performance Annual -Report has already been filed with the State of North Carolina Division of Water Quality in triplicate by James & James Environmental Management, Inc. and should be in your possession at this time. On that report, the certification was stated that I, the responsible party of this facility, has received a copy of this report and was directed to give the users knowledge of this reportand access to it. Therefore: I certify under penalty of law that this report prepared by James & James Environmental Management, Inc. is. complete and. accurate to the best of my knowledge. I further certify that this report has been made available to the users or customers of this documented;system and that those users have been notified of its availability. Thank you, Mr. Dave Valez Sliding Rock, USDA Forest Service James James Environmental Mg'L.,-,,,c. System: USDA Forest Service Sliding Rock JAMES & .LAMES ENVIRONMENTAL MANAGEMENT_ PO BOX 1354, MOUNTAIN HOME, NC 28758 OFFICE: (828) 697-0063 FAX: (828) 697-0065;-= --- �,fl1Ii M^,R 11 I PERFORMANCE ANNUAL REPORT I. General Information Facility/System Name: Responsible Entity: Person in Charge/Contact: Applicable Permit(s): Permit Number. NCO020460 _ ,II 2008 2007 SLIDING ROCK RECREATIONAL AREA USDA FOREST SERVICE ART ROWE ART ROWE NCO020460 Description of Collection System or Treatment Process: A 5000 gallon sand filter with septic tank, tablet chlorination and a chlorine dissipation pond. II. Performance Text Summary of System Performance for Calendar Year 2007 This system ran very well in 2007. The beds were cleaned twice in 2007 and the pump tank inspected. There were no major repairs to the system. List (by Month) any violations of permit conditions or other environmental regulations. Monthly lists should include discussion of any environmental impacts and corrective measures taken to address violations. Attach additional sheets if needed. none III. Notification: A copy of this report has been sent to the Owner with directions to give notification of the availability of this report to each of their users. A certified statement will be sent to the State when this issue has been rectified. James James Environmental Mgt., inc. System: Permit Number: USDA Forest Service NCO020460 Sliding Rock IV. Certification I certify under penalty of law that this report is complete and accurate to the best of my knowledge. I further certify that this report has been made available to the users or customers of the named system and that those users have been notified of its availability. (please see below) I certify that this report has been given to the Owner of this Entity with explicit directions to make the user aware of the availability of this report and the location with which a copy can be either viewed or received. James & James Environmental cannot certify that the latter has been completed and will enclose a letter of certification to be mailed to the State of North Carolina on behalf of this Entity along with all pertinent information regarding this system for the conclusion of this requirement. Juanita James/ James & James Environmental Management 2/20108 Responsible Person Date Title Entity James James Environmental Mgt., inc. System: USDA Forest Service Sliding Rock JAMES & JAMES ENVIRONMENTAL MANAGEMENT PO BOX 1354, MOUNTAIN HOME, NC 28758 OFFICE: (828) 697-0063 FAX: (828) 697-0065 PERFORMANCE ANNUAL REPORT I. General Information Facility/System Name: SLIDING ROCK RECREATIONAL AREA Responsible Entity: , ART ROWE Person in Charge/Contact: ART ROWE Applicable Permit(s): NCO020460 Permit Number: NCO020460 A copy of the PERFORMANCE ANNUAL REPORT has already been filed with you by James & James Environmental Management and should be in your possession at this time. On that report, the certification was stated that I, the owner of this Entity, has received a copy of this report and was directed to give the users knowledge of the report and access to it. Therefore: I certify under penalty of law that this report prepared by James & James Environmental Management is complete and accurate to the best of my knowledge. I further certify that this report has been made available to the users or customers of the named system and that those users have been notified of its availability. Responsible Person Title Entity Date United States Tk�.a Department of - °A Agriculture Forest National Forests in Service North Carolina State of North Carolina Department of Environment and N. R. Division of Environmental Health Surface Water Protection Section Wanda P. Frazier, Environmental Specialist Dear Ms. Frazier: 160 Zillicoa Street Suite A Asheville, NC 28801-1082 File Code: 7430 — Wastewater Date: October 31, 2007 NOV - 1 2007 I WATER QUALITY SECTION ASHEVILLE REGiOi JAL OFFICE This letter is our reply to your letter dated October 2, 2007 regarding your inspection of the Sliding Rock Recreation Area Wastewater Treatment Facilities. We will re -grade the access road and place crushed stone aggregate surfacing to eliminate the hazards created by soil erosion. The placement of steps is not feasible because the road is needed to provide access to construction and maintenance equipment. A wooden platform and safety rails will be installed at the chlorination manhole in order to provide safe access for inspection and maintenance. These deficiencies will be corrected by January 1, 2008 and written notification will follow so you can re -inspect for compliance. Should you have any questions or need more information, please contact David Velez, Facilities Engineer at telephone number 828-257-4208. Sincerely, Cliff Northrop, P.E. Acting Forest Engineer -� Caring for the Land and Serving People Printed on Recycled Paper 10 \O`aZ, �QG ..� �. Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources SURFACE WATER PROTECTION SECTION Mr. Lynn Hicks, Engineering & Recreation Staff Officer USDA US Forest Service 160 Zillicoa Street Asheville, NC 28801 Dear Mr. Hicks: October 2, 2007 Coleen H. Sullins, Director Division of Water Quality Asheville Regional Office SUBJECT: Compliance Evaluation Inspection Sliding Rock Recreation Area WWTP Permit No: NCO020460 Transylvania County Enclosed please find a copy of the Compliance Evaluation Inspection form from the inspection conducted on September 26, 2007. The facility was found to be in compliance with permit NC0020460. 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: James & James / Michael Cagle, ORC Central Files �Asheui,Ile-File --- NorthCarohna Natumli'm 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/molday Inspection Type Inspector Fac Type 1 I NI 2 I SI 31 NCO020460 111 121 07/09/26 117 181 CI 19I SI 201 I Remarks 21IIIIIIIIIIIIIIIIIIIIIIII111111IIIIIIIIIIIIIIIII66 Inspection Work Days Facility Self -Monitoring Evaluation Rating 131 QA --------------------------- Reserved ---------------------- 67I 1.0 169 70I 3 I 711 I 72I N I 73I I 174 751 I I I I I I 180 u-1 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) Sliding Rock Recreation Area 02:10 PM 07/09/26 06/10/01 Exit Time/Date Permit Expiration Date US Hwy 276 Pisgah Forest NC 28768 02:40 PM 07/09/26 11/01/31 Name(s) of Onsite Representative (s)/Titles (s)/Phone and Fax Number(s) Other Facility Data Michael Cagle/ORC// Name, Address of Responsible OfficialfTitle/Phone and Fax Number Monica Schwalbach,PO Box 2750 Asheville NC Contacted 28802//828-257-4268/8282590584 No Section C: Areas Evaluated During Inspection (Check only those areas evaluated) Permit ® Operations & Maintenance ® Records/Reports ® Self -Monitoring Program Facility Site Review Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s) and Signature(s) of Inspector(s) Agency/Office/Phone and Fax Numbers Date Wanda P.Frazier ARO WQ//828-296-4500 Ext.4662/ cia t i Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date xQ 1 V EPA Form 3560-3 (Rev 9-94) Previous editions are obsolete. Page # 1 NPDES yr/mo/day Inspection Type (cont. 1 3I NCO020460 I11 12I 07/09/26 117 18ICI Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) Treatment Units / Process Control Testing / Effluent Data: This facility has a 5,000 septic tank, sand filter system with table chlorination and chlorine dissipation pond. This is a seasonal facility, generally opeing in May and closing in October. There was no discharge at the time of the inspection. The chlorine dissipation pond was dry, due to low flows and dry weather conditions. Records & Reports: A review of the files indicates that the last compliance evaluation inspection was conducted on 6-21-2006 by Jim Reid. The permit expires on 1-31-2011. Please request a permit renewal 6 months prior to expiration. A renewal notice will be mailed as a reminder. Items needed: Due to the slip & trip hazards associated with climbing down the side of the steep hill through the stormwater runoff ditch, steps need to be installed from the roadway down to the sand filter fenced area. Due to the fall hazard, a platform with handrails needs to be installed from the sand filter bed wall over to the chlorine contact manhole. Page # 2 Permit: NCO020460 Owner - Facility: Sliding Rock Recreation Area Inspection Date: 09/26/2007 Inspection Type: Compliance Evaluation Permit Yes No NA NE (If the present permit expires in 6 months or less). Has the permittee submitted a new application? n n o n Is the facility as described in the permit? ® n n n # Are there any special conditions for the permit? n ® n n Is access to the plant site restricted to the general public? ® n n n Is the inspector granted access to all areas for inspection? ■ n n n Comment: Septic Tank Yes No NA NE (If pumps are used) Is an audible and visual alarm operational? n n M n Is septic tank pumped on a schedule? n Are pumps or syphons operating properly? ® n n n Are high and low water alarms operating properly? n ❑ ® n Comment: Sand Filters (Low rate) Yes No NA NE (If pumps are used) Is an audible and visible alarm Present and operational? n n ® n Is the distribution box level and watertight? ■ n n n Is sand filter free of ponding? ®n Is the sand filter effluent re -circulated at a valid ratio? n n ® n # Is the sand filter surface free of algae or excessive vegetation? ®n n n # Is the sand filter effluent re -circulated at a valid ratio? (Approximately 3 to 1 } n n ® n Comment: Operations & Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? ® n n n Does the facility analyze process control parameters, for ex: MLSS, MCRT, Settleable Solids, pH, DO, Sludge n n ® n Judge, and other that are applicable? Comment: Disinfection -Tablet Yes No NA NE Are tablet chlorinators operational? Are the tablets the proper size and type? Number of tubes in use? Is the level of chlorine residual acceptable? ■nnn ■nnn 2 ■ n n n Page # 3 Permit: NC0020460 Inspection Date: 09/26/2007 Disinfection -Tablet Is the contact chamber free of growth, or sludge buildup? Is there chlorine residual prior to de -chlorination? Comment: Owner - Facility: Sliding Rock Recreation Area Inspection Type: Compliance Evaluation ®nnD ®nnn Page # 4 wHr o�o�FgQG N. Michael F. Easley, Governor Iliam n. Ross Jr., Secretary North Carolina Department o` ent and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality Asheville Regional Office SURFACE WATER PROTECTION June 26, 2006 Monica Schwalbach, Acting Forest Supervisor USDA US Forest Service PO Box 2750 Asheville NC 28802 SUBJECT: June 21, 2006 Compliance Evaluation Inspection USDA US Forest Service Sliding Rock Recreation Area Permit No: NCO020460 Transylvania County Dear Ms. Schwalbach: Enclosed please find a copy of the Compliance Evaluation Inspection form from the inspection conducted on June 21, 2006. The Compliance Evaluation Inspection was conducted by James R Reid of the Asheville Regional Office. The facility was found to be in Compliance with permit NC0020460. In order to help ensure that the compliant state of operation continues without interruption, the vegetation should be removed from the sand filter. Please refer to the enclosed inspection report for additional observations and comments. If there are questions, please call me at 828-296-4500 Ext.4651. Cincerely, L r Z- James R Reid Enclosure cc: Harry Dewain Ja es, ORC Central Files Asheville Files NorthCarolina Nawra!!J 2090 U.S. Highway 70, Swannanoa, NC 28778 Telephone: (828) 296-4500 Fax: (828) 299-7043 Customer Service 1 877 623-6748 qbA �-7 United States Environmental Protection Agency Form Approved. EP Washington, D.C. 20460 fj 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-JI 2 I-111 12I 117 18I GI 20I,I I 0-j eI 1 Remarks 21111111111111111111111111111111111111111111111116 Inspection Work Days Facility Self -Monitoring Evaluation Rating B1 QA ----------------------- -- Reserved -------------- ------- 67I 169 701 31 711 I 721 NJ 731 I 174 751 I I I I I I 180 I I I Section B: Facility Data Name and Location of Facility Inspected (For Industrial Users discharging to POTW, also include Entry Time/Date Permit Effective Date POTW name and NPDES permit Number) Sliding Rock Recreation Area 10:45 AM 06/06/21 01/03/G1 Exit Time/Date Permit Expiration Date US Hwy 276 Pisgah Fcres*: NC 23763 11:410 AM 06/0-6, 21 06r01%31 Name(s) of Onsite Representative (s)/Titles(s)/Phone and Fax Number(s) Other Facility Data Harry Dewain James/oRC1/828-697-0063/ Name, Address of Responsible Official/Title/Phone and Fax Number Contacted Monica Si;hiicl'Jach, FO Box 2750 Asheville NC 288u'//828-257-4258/8282590534 NO Section C: Areas Evaluated During Inspection (Check only those areas evaluated) Permit E Self -Monitoring Program 0 Facility Site Review Section D: Summary of Find in /Comments Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s) and Signat i(s) of Inspector(s) Agency/Office/Phone and Fax Numbers Date Janes R Reid ARC WQ/ i828-296-4500 Ext.4e51! � "Yff l,- Sign a of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date k EPA Form 3560-3 (Rev 9-94) Previous editions are obsolete. Page # 1 N 0.I NPDES yr/mo/day Inspection Type NC0020^60 I11 12I 06/06/2 I17 18ICI Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) No discharge at the time of inspection. Weeds and vegetation should be removed from the filter bed. Page # 2 Permit: NCO020460 Owner - Facility: Sliding Rock Recreation Area Inspection Date: 06/21/2006 Inspection Type: Compliance Evaluation Permit Yes No NA NE (If the present permit expires in 6 months or less). Has the permittee submitted a new application? ■ n n n Is the facility as described in the permit? ■ fl # Are there any special conditions for the permit? ■ n n n Is access to the plant site restricted to the general public? ■ n n n Is the inspector granted access to all areas for inspection? ■ n n n Comment: Influent Sampling Yes No NA NE # Is composite sampling flow proportional? ❑ ❑ ■ ❑ Is sample collected above side streams? ❑ ❑ ■ f_1 Is proper volume collected? n n ■ Is the tubing clean? ❑ ❑ ■ Is proper temperature set for sample storage (kept at 1.0 to 4.4 degrees Celsius)? Fl n ■ n Is sampling performed according to the permit? ❑ ❑ ■ Comment: Effluent Sampling -Yns-No NA NE Is composite sampling flow proportional? ■ ❑ FVh Is sample collected below all treatment units? ■ ❑ �n Is proper volume. collected? ■ ❑ �� Is the tubing clean? ■ n BYD Is proper temperature set for sample storage (kept at 1.0 to 4.4 degrees Celsius)? ■ n n"-n Is the facility sampling performed as required by the permit (frequency, sampling type representative)? ■ n ra'n Comment: Upstream /Downstream Sampling Yes No NA NE Is the facility sampling performed as required by the permit (frequency, sampling type, and sampling location)? ❑ rl ■ I_l Comment: Page# 3 Michael F. Easley Governor William G. Ross, Jr., Secretary North Carolina Department of Environment and Natural Resources January 29, 2001 Ms. Denise Burris 579 Parkway Road Balsam Grove, North Carolina 28708 Kerr T. Stevens, Director Division of Water Quality iJJ�id Subject: Issuance of NPDES Permit NCO020460 Sliding Rock Recreation Area WWTP Transylvania County Dear Ms. Burris: The Division's NPDES Unit received your comments about the Sliding Rock Recreation Area permit. This letter is in response to your comments, and we hope it will provide you with some additional information about the site that will address your concerns. The Sliding Rock Recreation Area WWTP is one of 23 facilities with NPDES permits in Transylvania County (and one of 1532 permitted statewide). It received its first NPDES permit in 1979. The facility is a seasonal discharge; it does not discharge all year. During the years 1998-2000, the facility discharged for a total of ten months. There were no effluent limit violations during that period, and no enforcement actions have been recorded against the facility in the past six years. The discharge from Sliding Rock is the only permitted discharge to Looking Glass Creek. It is unlikely any new discharges will be permitted, given the Trout stream and High Quality Waters classifications of Looking Glass Creek. The Davidson River, which you mentioned in your letter, has no permitted sites discharging to it. The Sliding Rock Recreation Area WWTP must record and submit effluent data when it discharges to Looking Glass Creek. The facility must have an operator certified by the state, and is inspected periodically by personnel from the NC DENR Asheville Regional Office. If you would like more information about the sites in Transylvania County, contact Kerri Becker of the NC DENR Asheville Regional Office at (828) 251-6208. Ms. Becker can also give you information on the Division's various programs to protect and enhance water quality in North Carolina. Thanks for your comments concerning the reissuance of this permit. If you have additional questions about this permit, please contact Charles Weaver of my staff at telephone number (919) 733-5083, extension 511. Sincerely, Original Signed BY David A. Goodrich David A. Goodrich NPDES Unit Supervisor cc: Asheville Regional Office / Kerri Becker NPDES Unit Point Source Compliance and Enforcement Unit / Rob Lang N. C. Division of Water Quality / NPDES Unit Phone: (919) 733-5083 1617 Mail Service Center, Raleigh, NC 27699-1617 fax: (919) 733-0719 Internet: h2o.enr.state.nc.us DENR Customer Service Center: 1 800 623-7748 ma 110fina Vi W6 Re'Portina TTS -r.Other'Vioilation� t," if: MMITY16411 o ort�:, r Vlo'jgft6 -Pe S�C� 1, ho I oinj r rid Repo b ci RotkRbd6�ation 8 ti� lio I I County Forest se .................. ------------ I lndldent'=E� 'I ns K4Li F�6 oi *S� CoMbliarlt 0-'Nbh-Comojia'nt, 0 NotRepotted Ut 77 v- ls,signiejd,. p '16dAs Opd dt R tt T�p AjaWejer,' 11F t :I Manual — Adion 001 lEffluent ISolids. Total 11013112016 1 MonthlyAverage__E] 130 136-15 ... lmgfi 120-5 1 7 In! 13e N nitlate N "Irft ate 0 eman 'It!' '- - d�7 �iV6 e'L��Alcufat, L)rylpc: [$lll� VLLP -.[Ready Certified Mail # 70151520 0003 5463 4835 Return Receipt Requested April 07, 2017 Hurston A Nicholas, Forest Supervisor USDA U S Forest Service 160A Zillicoa St Asheville, NC 28801 SUBJECT: Notice of Violation and Assessment of Civil Penalty for Violations of North Carolina General Statute (G.S.) 143-215.1(a)(6) and NPDES WW Permit No. NCO020460 USDA U S Forest Service Sliding Rock Recreation Area WWTP Case No. LV-2017-0117 Transylvania County Dear Permittee: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $366.62 ($250.00 civil penalty + $116.62 enforcement costs) against USDA U S Forest Service. This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report (DMR) submitted by USDA US Forest Service for the month of October 2016. This review has shown the subject facility to be in violation of the discharge limitations and/or monitoring requirements found in NPDES WW Permit No. NC0020460. The violations, which occurred in October 2016, are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that USDA U S Forest Service violated the terms, conditions or requirements of NPDES WW Permit No. NCO020460 and G.S. 143-215.1(a)(6) in the manner and extent shown in Attachment A. In accordance with the maximums established by G.S. 143-215.6A(a)(2), a civil penalty may be assessed against any person who violates the terms, conditions or requirements of a permit required by G.S. 143-215.1(a). Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the Secretary of the Department of Environmental Quality and the Director of the Division of Water Resources, I, G. Landon Davidson, P.G., Regional Supervisor, Asheville Regional Office hereby make the following civil penalty assessment against USDA U S Forest Service: State of North Carolina I Environmental Quality I Water Resources 2090 U.S. 70 Highway, Swannanoa, NC 28778 828-296-4500 iC7 $250.00 1 of the 1 violations of 143-215. 1 (a)(6) and Permit No.NC0020460, t the waters of the State in violation of the Permit Monthly Average foi $250.00. TOTAL CPAL PENALTY $116.62 Enforcement Costs $366.62 TOTAL AMOUNT DUE Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 143B-282.1(b), which are: (1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation; (2) The duration and gravity of the violation; (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; (6) Whether the violation was committed willfully or intentionally; (7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and (8) The cost to the State of the enforcement procedures. Within thirty (30) days of receipt of this notice, you must do one of the following: (1) Submit payment of the penalty, OR (2) Submit a written request for remission, OR (3) Submit a written request for an administrative hearing Option 1: Submit payment of the penalty: Payment should be made directly to the order of the Department of Environmental Quality (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: Wastewater Branch Division of Water Resources 1617 Mail Service Center Raleigh, North Carolina 27699-1617 request for remission or mitigation including a detailed justification for such Vth ware that a request for remission is limited to consideration of the five factors listed below as they may e reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper, procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Because a remission request forecloses the option of an administrative hearing, such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation and agreement that no factual or legal issues are in dispute. Please prepare a detailed statement that establishes why you believe the civil penalty should be remitted, and submit it to the Division of Water Resources at the address listed below. In determining whether a remission request will be approved, the following factors shall be considered: (1) whether one or more of the civil penalty assessment factors in NCGS 143 B-2 82. 1 (b) was wrongfully applied to the detriment of the petitioner; (2) whether the violator promptly abated continuing environmental damage resulting from the violation; (3) whether the violation was inadvertent or a result of an accident; (4) whether the violator had been assessed civil penalties for any previous violations; or (5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Please note that all evidence presented in support of your request for remission must be submitted in writing. The Director of the Division of Water Resources will review your evidence and inform you of his decision in the matter. of your remission request. The response will provide details regarding the case status, directions for payment, and provision for further appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty Remissions (Committee). Please be advised that the Committee cannot consider information that was not part of the original remission request considered by the Director. Therefore, it is very important that you prepare a complete and thorough statement in support of your request for remission. In order to request remission, you must complete and submit the enclosed "Request for Remission of Civil Penalties Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form within thirty 30Lys of receipt of this notice. The Division of Water Resources also requests that you complete and submit the enclosed "Justification for Remission Request." Both forms should be submitted to the following address: Wastewater Branch Division of Water Resources 1617 Mail Service Center Raleigh, North Carolina 27699-1617 with If you wish to contest any statement in the attached assessment document you must file a petition for an hearing. You may obtain the petition form from the Office of Administrative Hearings. You must file the the Office of Administrative Hearings within thirty (30) days of receipt of this notice. A petition is considered i when it is received in the Office of Administrative Hearings during normal office hours. The Office of Administrativ Hearings accepts filings Monday -through Friday between the hours of 8:00-a.m. and 5:00 p.m., except for official state holidays. The petition may be filed by facsimile (fax) or electronic mail by an attached file (with restrictions) provided the signed original, one (1) copy and a filing fee (if a filing fee is required by NCGS §150B-23.2) is received in the Office of Administrative Hearings within seven (7) business days following the faxed or electronic transmission. You should contact the Office of Administrative Hearings with all questions regarding the filing fee and/or the details of the filing process. The mailing address and telephone and fax numbers for the Office of Administrative Hearings are as follows: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC .27699-6714 Tel: (919) 733-2698 Fax: (919) 733-3478 One (1) copy of the petition must also be served on DEQ as follows: Mr. William F. Lane, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, North Carolina 27699-1601 Please indicate the case number (as found on page one of this letter) on the petition. Failure to exercise one of the options above within thirty (30) days of receipt of this letter, as evidenced by an internal date/time received stamp (not a postmark), will result in this matter being referred to the Attorney General's Office for collection of the penalty through a civil action. Please be advised that additional penalties may be assessed for violations that occur after the review period of this assessment. If you have any questions, please contact Janet Cantwell with the Division of Water Resources staff of the Asheville Regional Office at (828) 296-4667 or via email atjanet.cantwell@ncdenr.gov. Sincerely, G. Landon Davidson, P.G., Reg' al Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDEQ ATTACHMENTS 40.Gc WQ�Ashe ville:RegionalOffice-Y-Enforcement-Bile-ram___ NPDES Compliance/Enforcement Unit - Enforcement File Environmental Inc./ ORC G:144'R\NQ\Transylcaniailwastetvaterlbfinors.Sliding Rock ^^A460\Lb=2Ul7-0l 17Af FSTIFICATION FOR REMISSION REQUEST Service County: Transylvania Amount Assessed: $366.62 Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form to request remission of this civil penalty. You should attach any documents that you believe support your request and are necessary for the Director to consider in evaluating your request for remission. Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 14313-282.1(c), remission of a civil penalty may be granted only when one or mom of the following five factors apply. Please check each factor that you believe applies to your case and provide a detailed explanation, including copies of supporting documents, as to why the factor applies (attach additional pages as needed). (a) one or more of the civil penalty assessment factors in N.C.G.S. 143B-282.1(b) were wrongfully applied to the detriment of the petitioner (the assessment factors are listed in.the civil penalty assessment document); (b) the violator promptly abated continuing environmental damage resulting from the violation (i.e., explain the steps that you took to correct the violation and prevent future occurrences); (c) the violation was inadvertent or a result of an accident (i.e., explain why the violation was unavoidable or something you could not prevent or prepare for); (d) the violator had not been assessed civil penalties for any previous violations; (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions (i. e., explain how payment of the civil penalty will prevent you from performing the activities necessary to achieve compliance). EXPLANATION: STATE OF NORTH CAROLINA COUNTY OF TRANSYLVANIA IN THE MATTER OF ASSESSMENT OF CIVIL PENALTIES AGAINST USDA U S Forest Service Sliding Rock Recreation Area PERMIT NO. NCO020460 DEPARTMENT OF EN WAIVER OF RIGHT i ruv ADMINISTRATIVE HEARING AND STIPULATION OF FACTS CASE NO. LV-2017-0117 Having been assessed civil penalties totaling $366.62 for violation(s) as set forth in the as document of the Division of Water Resources dated April 07, 2017, the undersigned, desiring to seek remission of the civil penalty, does hereby waive the right to an administrative hearing in the above -stated matter and does stipulate that the facts are as alleged in the assessment document. The. undersigned further understands that all evidence presented in support. of remission of this civil penalty must be submitted to the Director of the Division of Water 'Resources within thirty (30) days of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after (30) days from the receipt of the notice of assessment. This the day of ADDRESS TELEPHONE SIGNATURE PTO ATTACHMENT A USDA U S Forest Service CASE NUMBER: LV-2017-0117 NC0020460 REGION: Asheville ACILITY: Sliding Rock Recreation Area COUNTY: Transylvania LIMIT VIOLATION(S) SAMPLE LOCATION: Outfall 001 - Effluent Violation Report Unit of Limit Calculated % Over Violation Penalty Date Month/Yr Parameter Frequency Measure Value Value Limit Type Amount 10/31/2016 10-2016 Solids, Total 2 X month mg/I 30 36.20 20.5 Monthly $250.00 Suspended- Average Concentration - Exceeded Sliding Rock Recreation Area Case Number: LV-2017-0117 ASSESSMENT FACTORS 1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation; All effluent violations may be detrimental to the receiving stream but may not be immediately quantified. 2) The duration and gravity of the violation; One Monthly Average TSS exceeded the permit limit by 20.5%. 3) The effect on ground or surface water quantity or quality or on air quality; All effluent violations may be detrimental to the receiving stream but may not be immediately quantified. 4) The cost of rectifying the damage; The cost is unknown. 5) The amount of money saved by noncompliance; The amount of money saved is unknown. The amount of money saved would include the cost of excess solids removal and additional aeration. It would also include more operating and maintenance time on site and the cost of additional chemical treatment. The amount of money saved would include the cost of collection of the additional samples and the cost of analyzing them at a certified lab. 6) Whether the violation was committed willfully or intentionally; It does not appear to be either. 7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and There have been no civil penalty enforcements in the twelve months prior to this violation. 8) The cost to the State of the enforcement procedures. $116.62 . 7- , q— Date G. Landon Davidson, P.G., Regional Supe ' or Water Quality Regional Operations Section . Asheville Regional Office Division of Water Resources, NCDEQ r 20460 PERMIT VERSION: 4.0 _ PERMIT STATUS: Active tiding Rock Recreation Area CLASS: WW-I s < e � V,° 5 .. I Y COUNTY: Transylvania E: USDA U S Forest Service ORC: Dale Howard Wike . DEC 9 8 2 016 ORC CERT NUMBER: 996012 W E: W -3 ORC HAS CHANGED: No DEC eDMRPERIOD: 10-2016 October2016 VERSION: 1.0 7 r r`L: -=yam' STATUS: Processed 1-IVIivLCiIl. J, SAMPILING LOCATION: EFFLUENT DISCHARGE NO.: 001 NO DISCHARGE*: NO m� v q d - s E o U i-F E a o F E G ` O i! iz 6 F+ O e a O � t Z C 50050 00010 00400 50060 C0310 C0610 C0530 31616 Weekly Weekly 2 X month 2 X month 2 X month Monthly 2 X month 2 X month Instantaneous Grab Grab Grab Grab Grab Grab Grab FLOW, TEMP-C pH CHLORINE BOD - Cone NH3-N - Con. TSS -Con FCOLI BR 2400 clock His 2400 clock Hrs Y/B/N mgd deg c su ug/1 mg/I mg/I #/100m1 I 2 3 4 5 1320 00:20 Y 0.00035 19.8 7 <10 <2 9.2 35.3 <4 6 7 8 9 10 11 12 1400 00:20 Y 0.00035 18.5 7 < 10 13 14 IS 16 17 18 19 1320 00:20 Y 0.00035 17.9 7 <10 2.9 12.1 37 <4 20 21 22 23 24 25 26 0900 00:20 Y 0.00035 16.5 7 < 10 27 28 29 30 31 Monthly Average Limit: 0.005 30 30 200 Monthly Average: 0.00035 18.175 0 1.45 10.65 36. 15 I Daily Maximum: 0.00035 19.8 7 0 2.9 12.1 37 ,v 0 Daily Minimum: 0.00035 16.5 7 0 0 92 35.3 0 ****No Reporting Reason: ENFRUSE = No Flow-Reuse/Recycle; ENV WTHR = No Visitation -Adverse Weather; NOFLOW = No Flow; HOLIDAY = No Visitation- Holiday r .. El ?ilrision of !A/ater c zo j -`L 190I i I � r. �`� :vuai n;gionai Operations JPDES PERMIT NO.: NCO020460 FACILITY NAME: Sliding Rock Recreation Area n OWNER NAME: USDA U S Forest Service ORC/Certifier Signature PERMIT VERSION: 4.0 CLASS: WW-1 ORC: Dale Howard Wike ORC HAS CHANGED: No VERSION: 1.0 CONTACT PHONE #: 8285865588 COUNTY: Transylvania E-Mail:environmentalinc@aol.com aol.com By this signature, I certify that this report is accurate and complete to the best of my knowledge. The permittee shall report to the Director or the appropriate Regional Office any noncompliance that potentially threatens public health or the environment. Any information shall be provided orally within 24 hours from the time the permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the permittee becomes aware of the circumstances. If the facility is noncompliant, please attach a list of corrective actions being taken and a time -table for improvements to be made as required by part H.E.6 of the NPDES permit. Permittee/Submitter Signature:*** ark F. Permittee Address: US Hwy 276 Pisgah Forest NC 28768 Teague E-Mail:environmentalinc@aol.com Phone #:828-586-5588 Permit Expiration Date: 01/31/2021 12/01/2016 Date I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who managed the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations. LAB NAME: Environmental Inc. CERTIFIED LAB #: 57 PERSON(s) COLLECTING SAMPLES: Dale Wike CERTIFIED LABORATORIES PARAMETER CODES Parameter Code assistance may be obtained by calling the NPDES Unit (919) 807-6300 or by visiting http://portal.ncdenr.org/web/wq/swp/ps/npdes/forms. FOOTNOTES Use only units of measurement designated in the reporting facility's NPDES permit for reporting data. * No Flow/Discharge From Site: Check this box if no discharge occurs and, as a result, there are no data to be entered for all of the parameters on the DMR for entire monitoring period. ** ORC on Site?: ORC must visit facility and document visitation of facility as required per 15A NCAC 8G .0204. * * * Signature of Permittee: If signed by other than the permittee, then delegation of the signatory authority must be on file with the state per 15A NCAC 2B .0506(b)(2)(D). Certified Mail # 7015 1520 0003 5463 4835 Return Receipt Requested April-07, 2017 Hurston A Nicholas, Forest Supervisor USDA U S Forest Service 160A Zillicoa St Asheville, NC 28801 SUBJECT: Notice of Violation and Assessment of Civil Penalty for Violations of North Carolina General Statute (G.S.) 143-215.1(a)(6) and NPDES WW Permit No. NCO020460 USDA U S Forest Service Sliding Rock Recreation Area WWTP Case No. LV-2017-0117 Transylvania County Dear Permittee: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $366.62 ($250.00 civil penalty + $116.62 enforcement costs) against USDA U S Forest Service. This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report (DMR) submitted by USDA US Forest Service for the month of October 2016. This review has shown the, subject facility to be in violation of the discharge limitations and/or monitoring requirements found in NPDES WW Permit No. NC0020460. The violations, which occurred in October 2016, are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that USDA U S Forest Service violated the terms, conditions or requirements of NPDES WW Permit No. NCO020460 and G.S. 143-215.1(a)(6) in the manner and extent shown in Attachment A. In accordance with the maximums established by G.S. 143-215.6A(a)(2), a civil penalty maybe assessed against any person who violates the terms, conditions or requirements of a permit required by G.S. 143-215.1(a). Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the Secretary of the Department of Environmental Quality and the Director of the Division of Water Resources, I, G. Landon Davidson, P.G., Regional Supervisor, Asheville Regional Office hereby make the following civil penalty assessment against USDA U S Forest Service: State of North Carolina I Environmental Quality I Water Resources 2090 U.S. 70 Highway, Swannanoa, NC 28778 828-296-4500 $250.00 1 of the 1 violations of 143-215.1(a)(6) and Permit NO.NC0020460, by discharging waste water i the waters of the State in violation of the Permit Monthly Average for TSS - Conc. $250.00 TOTAL CIVIL PENALTY $116.62 Enforcement Costs $366.62 TOTAL AMOUNT DUE Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 143B-282.1(b),, which are: (1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation; (2) The duration and gravity of the violation; (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; (6) Whether the violation was committed willfully or intentionally; (7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and (8) The cost to the State of the enforcement procedures. Within thirty (30) days of receipt of this notice, you must do one of the following: (1) Submit payment of the penalty, OR (2) Submit a written request for remission, OR (3) Submit a written request for an administrative hearing Option 1: Submit payment of the penalty: Payment should be made directly to the order of the Department of Environmental Quality (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: Wastewater Branch Division of Water Resources 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Wn 2: Submit a written request for remission or mitigation including a detailed justification for such nest: Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Because a remission request forecloses the option of an administrative hearing, such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation and agreement that no factual or legal issues are in dispute. Please prepare a detailed statement that establishes why you believe the civil penalty should be remitted, and submit it to the Division of Water Resources at the address listed below. In determining whether a remission request will be approved, the following factors shall be considered: (1) whether one or more of the civil penalty assessment factors in NCGS 143B-282.1(b) was wrongfully applied to the detriment of the petitioner; (2) whether the violator promptly abated continuing environmental damage resulting from the violation; (3) whether the violation was inadvertent or a result of an accident; (4) whether the violator had been assessed civil penalties for any previous violations; or (5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Please note that all evidence presented in support of your request for remission must be submitted in writing. The Director of the Division of Water Resources will review your evidence and inform you of his decision in the matter of your remission request. The response will provide details regarding the case status, directions for payment, and provision for further appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty Remissions (Committee). Please be advised that the Committee cannot consider information that was not part of the original remission request considered by the Director. Therefore, it is very important that you prepare a complete and thorough statement in support of your request for remission. In order to request remission, you must complete and submit the enclosed "Request for Remission of Civil Penalties, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form within thirty (30) days of receipt of this notice. The Division of Water Resources also requests that you complete and submit the enclosed "Justification for Remission Request." Both forms should be submitted to the following address: Wastewater Branch Division of Water Resources 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Option 3: File a petition for an administrative hearing with the Office of Administrative Hearin If you wish to contest any statement in the attached assessment document you must file a petition for a hearing. You may obtain the petition form from the Office of Administrative Hearings. You must fil the Office of Administrative Hearings within thirty (30) days of receipt of this notice. A petition is considered filed when it is received in the Office of Administrative Hearings during normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for official state holidays. The petition may be filed by facsimile (fax) or electronic mail by an attached file (with restrictions) - provided the signed original, one (1) copy and a filing fee (if a filing fee is required by NCGS §150E-23.2) is received in the Office of Administrative Hearings within seven (7) business days following the faxed or electronic transmission. You. should contact the Office of Administrative Hearings with all questions regarding the filing fee and/or the details of the filing process. The mailing address and telephone and fax numbers for the Office of Administrative Hearings are as follows: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 Tel: (919) 733-2698 Fax: (919) 733-3478 One (1) copy of the petition must also be served on DEQ as follows: Mr. William F. Lane, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, North Carolina 27699-1601 Please indicate the case number (as found on page one of this letter) on the petition. Failure to exercise one of the options above within thirty (30) days of receipt of this letter, as evidenced by an internal date/time received stamp (not a postmark), will result in this matter being referred to the Attorney General's Office for collection of the penalty through a civil action. Please be advised that additional penalties may be assessed for violations that occur after the review period of this assessment. If you have any questions, please contact Janet Cantwell with the Division of Water Resources staff of the Asheville Regional Office at (828) 296-4667 or via email atjanet.cantwell@ncdenr.gov. Sincerely, G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDEQ ATTACHMENTS Cc: WQS Asheville Regional Office - Enforcement File NPDES Compliance/Enforcement Unit - Enforcement File Environmental Inc./ ORC Gr;R'R`:.NQ'':Pransylvania�SVastewater`.bfiuors`.Sliding Rock 20460 V-2017-0117.rtf JUSTIFICATION FOR REMISSION REQUEST Case Number: LV-2017-0117 Assessed Party: USDA U S Forest Service Permit No.: NC0020460 County: Transylvania Amount Assessed: $366.62 Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form to request remission of this civil penalty. You should attach any documents that you believe support your request and are necessary for the Director to consider in evaluating your request for remission. Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 143B-282. 1 (c), remission of a civil penalty may be granted only when one or more of the following five factors apply. Please check each factor that you believe applies to your case and provide a detailed explanation, including copies of supporting documents, as to why the factor applies (attach additional pages as needed). (a) one or more of the civil penalty assessment factors in N.C.G.S. 14313-282.1(b) were wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil penalty assessment document); (b) the violator promptly abated continuing environmental damage resulting from the violation (i.e., explain the steps that you took to correct the violation and prevent future occurrences); (c) the violation was inadvertent or a result of an accident (i.e., explain why the violation was unavoidable or something you could not prevent or prepare for); (d) the violator had not been assessed civil penalties for any previous violations; (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions (i.e., explain how payment of the civil penalty will prevent you from performing the activities necessary to achieve compliance). EXPLANATION: STATE OF NORTH CAROLINA COUNTY OF TRANSYLVANIA IN -THE MATTER OF ASSESSMENT OF CIVIL PENALTIES AGAINST USDA U S Forest Service Sliding Rock Recreation Area PERMIT NO. NCO020460 DEPARTMENT OF ENVIRONMENTA WAIVER OF RIGHT TO AN ADMINISTRATIVE HEARING AND STIPULATION OF FACTS CASE NO. LV-2017-0117 Having been assessed civil penalties totaling $366.62 for violation(s) as set forth in the assessment document of the Division of Water Resources dated April 07, 2017, the undersigned, desiring to seek remission of the civil penalty, does hereby waive the right to an administrative hearing in the above -stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the Director of the Division of Water Resources within thirty (30) days of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after (30) days from the receipt of the notice of assessment. This the day of , 20 SIGNATURE ADDRESS TELEPHONE ATTACHMENT A USDA U S Forest Service CASE NUMBER: LV-2017-0117 PERMIT: NCO020460 FACILITY: Sliding Rock Recreation Area LIMIT VIOLATION(S) SAMPLE LOCATION: Outfall 001 - Effluent REGION: Asheville COUNTY: Transylvania Violation Report Unit of Limit Calculated % Over Violation Penalty Date MonthNr Parameter Frequency Measure Value Value Limit Type Amount 10/31/2016 10-2016 Solids, Total 2 X month mg/I 30 36.20 20.5 Monthly $250.00 Suspended- Average Concentration Exceeded ,: NCO020460 liding Rock Recreation Area OWNER NAME: USDA U S Forest Service GRADE: WW-3 eDMR PERIOD: 10-2016 (October 2016) PERMIT VERSION: 4.0 PERMIT STATUS: Active CLASS: W W-1 c ;'y ; .- ,1rv' COUNTY: Transylvania ORC: Dale Howard Wike D C C 0 8 2016 L �/ ORC CERT NUMBER: 996012 ORC HAS CHANGED: No VERSION: 1.0 - ' i z.,`1, L l"u'a L ,_ �-9 STATUS: Processed — DV' vEC BF.,,.'Via,i SAMPLING L®CATION: EFFLUENT DISCIIARGE N®.: 001 N® DISCIIARGE*: N® A a E = $ U [•F E = E U E= E F � O c O E F O fi. o c 0 O en R Z a 50050 00010 00400 50060 C0310 C0610 C0530 31616 Weekly Weekly 2 X month 2 X month 2 X month Monthly 2 X month 2 X month Instantaneous Grab Grab Grab Grab Grab Grab Grab FLOW TEMP-C pH CHLORINE ROD - Cone NH3-N - Conc TSS - Conqj FCOLI BR 2400 clock Hrs 2400 clock Hrs WR/N mgd deg c so u9/1 mg/I mg/I #/loom] 1 2 3 4 5 1320 00:20 Y 0.00035 19.8 7 <10 <2 9.2 35.3 <4 6 7 8 9 10 11 12 1400 00:20 Y 0.00035 18.5 7 < 10 13 14 15 16 17 18 19 1320 00:20 Y 0.00035 17.9 7 <10 2.9 12.1 37 <4 20 21 22 23 24 25 26 0900 00:20 Y 0.00035 16.5 7 < 10 27 28 29 30 31 Monthly Average Limit: 0.005 30 30 200 Monthly Average: 0.00035 18.175 0 1.45 10.65 3G.15 1 Daily Maximum: 0.00035 19.8 7 0 2.9 12.1 37¢{ 0 Daily Minimum: 0.00035 16.5 7 0 10 9.2 35.3 0 ****No Reporting Reason: ENFRUSE = No Flow-Reuse/Recycle; ENV WTHR = No Visitation —Adverse Weather; NOFLOW = No Flow; HOLIDAY = No Visitation —Holiday r _ . gg�� ECEI ?i1/1S;On of Wat,rF; +d•, _ . OlA f V ZD 2 ?0iE2 d ! i i '.11DnG1 Operations NPDES PERMIT NO.: NCO020460 FACILITY NAME: Sliding Rock Recreation Area OWNER NAME: USDA U S Forest Service GRADE: WW-3 PERMIT VERSION: 4.0 CLASS: WW-1 ORC: Dale Howard Wike ORC HAS CHANGED: No PERMIT STATUS: Active COUNTY: Transylvania ORC CERT NUMBER: 996012 ,4 4 eDMR PERIOD: 10-2016 (October 2016) VERSION: 1.0 STATUS: Processed 15 COI ICNCE: Compliant CONTACT PHONE #: 8285865588 SUBMISSION DATE: 12/01/2016 12/01/2016 ORC/Certifier Signature: Mark F. Teague E-Mail: environmentalinc a aol.com hone 4:828-586-5588 Date By this signature, I certify that this report is accurate and complete to the best of my knowledge. The permittee shall report to the Director or the appropriate Regional Office any noncompliance that potentially threatens public health or the environment. Any information shall be provided orally within 24 hours from the time the permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the permittee becomes aware of the circumstances. If the facility is noncompliant, please attach a list of corrective actions being taken and a time -table for improvements to be made as required by part II.E.6 of the NPDES permit. Perm ittee/Submitter Signature:*** ark F. Permittee Address: US Hwy 276 Pisgah Forest NC 28768 Teague E-Mail:environmentalinc@aol.com aol.com Phone #:828-586-5588 Permit Expiration Date: 01/31/2021 12/01/2016 Date I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who managed the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations. LAB NAME: Environmental Inc. CERTIFIED LAB #: 57 PERSON(s) COLLECTING SAMPLES: Dale Wike CERTIFIED LABORATORIES PARAMETER CODES Parameter Code assistance may be obtained by calling the NPDES Unit (919) 807-6300 or by visiting http://portal.ncdenr.org/web/wq/swp/ps/npdes/forms. FOOTNOTES Use only units of measurement designated in the reporting facility's NPDES permit for reporting data. * No Flow/Discharge From Site: Check this box if no discharge occurs and, as a result, there are no data to be entered for all of the parameters on the DMR for entire monitoring period. * * ORC on Site?: ORC must visit facility and document visitation of facility as required per 15A NCAC 8G .0204. ** * Signature of Permittee: If signed by other than the permittee, then delegation of the signatory authority must be on file with the state per 15A NCAC 2B .0506(b)(2)(D). Facility Name: IVISION OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT (File) J S Forest Service i Sliding Rock Recreation Area Permit Number: NCO020460 County: Transylvania Case Number: LV-2017-0117 ASSESSMENT FACTORS 1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation; All effluent violations may be detrimental to the receiving stream but may not be immediately quantified. 2) The duration and gravity of the violation; One Monthly Average exceeded the permit limit by 20.5%. 3) The effect on ground or surface water quantity or quality or on air quality; All effluent violations may be detrimental to the receiving stream but may not be immediately quantified. 4) The cost of rectifying the damage; The cost is unknown. 5) The amount of money saved by noncompliance; The amount of money saved is unknown. The amount of money saved would include the cost of excess solids removal and additional aeration. It would also include more operating and maintenance time on site and the cost of additional chemical treatment. The amount of money saved would include the cost of collection of the additional samples and the cost of analyzing them at a certified lab. 6) Whether the violation was committed willfully or intentionally; It does not appear to be either. 7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and There have been no civil penalty enforcements in the twelve months prior to this violation. 8) The cost. to the State of the enforcement procedures. $116.62 Date G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDEQ Certified Mail # 7015 1520 0003 5463 2909 Return Receipt Requested February 8, 2017 Hurston A Nicholas, Forest Supervisor USDA U S Forest Service 160a Zillicoa St Asheville, NC 28801 SUBJECT: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY Tracking Number: NOV-2017-LV-0121 Permit No. NCO020460 Sliding Rock Recreation Area WWTP Transylvania County Dear Permittee: A review of the October 2016 Discharge Monitoring Report (DMR) for the subject facility revealed the violation(s) indicated below: Limit Exceedance Violation(s): Sample Limit Reported Location Parameter Date Value Value Type of Violation 001 Effluent Solids, Total Suspended - 10/31/2016 30 36.15 Monthly Average Exceeded Concentration (C0530) A Notice of Violation/Intent to Issue Civil Penalty is being issued for the noted violation of North Carolina General Statute (G.S.) 143-215.1 and the facility's NPDES Permit. Pursuant to G.S. 143-215.6A,.a civil penalty of not more than twenty-five thousand dollars ($25,000.00) may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of any permit issued pursuant to G.S. 143-215.1. If you wish to provide additional. information regarding the noted violation, request technical assistance, or discuss overall compliance please respond in writing within ten (10) business dam after receipt of this Notice. A review of your response will be considered along with any information provided on the submitted Discharge Monitoring Report(s). You will then be notified of any civil penalties that may be assessed regarding the violations. If no response is received in this Office within the 10-day period, a civil penalty assessment may be prepared. State of North Carolina I Environmental Quality I Water Resources 2090 U.S. 70 Highway, Swannanoa, NC 28778 828-296-4500 Remedial actions should have already been taken to correct this problem and prevent further occurrences- in the future. The Division of Water Resources may pursue enforcement action for this and any additional violations of State law. Reminder: Pursuant to Permit Condition 6 in Section E, the Permittee is required to verbally notify the Regional Office as soon as possible, not to exceed 24 hours, from first knowledge of any non-compliance at the facility including limit violations, bypasses of, or failure of a treatment unit. A written report may be required within 5 days if directed by Division staff. Prior notice should be given for anticipated or potential problems due to planned maintenance activities, taking units off-line, etc. If you have any questions concerning this matter, please contact Janet Cantwell of the Asheville Regional Office at 828-296-4500. Sincerely, G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDEQ Vic: WQS`Ash ville'I e_giona``Office Enforce-aent-File-----,, NPDES Compliance/Enforcement Unit - Enforcement File Environmental Inc./ ORC G:\WR\WQ\Transylvania\Wastewater\Minors\Sliding Rock 20460\N0V-N01-2017-LV-0121Af SOY ,COOPS INt ;FTAEL .S RE AN Secrntar S JAY ZCN1CvtE'RtvtAH Certified Mail # 7015 1520 0003 5463 2909 Return Receipt Requested February 8, 2017 Hurston A Nicholas, Forest Supervisor USDA U S Forest Service 160a Zillicoa St Asheville, NC 28801 SUBJECT: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY Tracking Number: NOV-2017-LV-0121 Permit No. NCO020460 Sliding Rock Recreation Area WWTP Transylvania County Dear Permittee: A review of the October 2016 Discharge Monitoring Report (DMR) for the subject facility revealed the violation(s) indicated below: Limit Exceedance Violation(s): Sample Location Parameter. Limit Reported Date Value Value Type of Violation 001 Effluent Solids, Total Suspended - 10/31/2016 30 36.15 Monthly Average Exceeded Concentration (C0530) A Notice of Violation/Intent to Issue Civil Penalty is being issued for the noted violation of North Carolina General Statute (G.S.) 143-215.1 and the facility's NPDES Permit. Pursuant to G.S. 143-215.6A, a civil penalty of not more than twenty-five thousand dollars ($25,000.00) may be assessed against any -person who violates or fails to act in accordance with the terms, conditions, or requirements of any permit issued pursuant to G.S. 143-215.1. If you wish to provide additional information regarding the noted violation, request technical assistance, or discuss overall compliance please respond in writing within ten (10) business days after receipt of this Notice. A review of your response will be considered along with any information provided on the submitted Discharge Monitoring Report(s). You will then be notified of any civil penalties that may be assessed regarding the violations. If no response is received in this Office within the 10-day period, a civil penalty assessment may be prepared. State of North Carolina I Environmental Quality I Water Resources 2090 U.S. 70 Highway, Swannanoa, NC 28778 828-2964500 'MAA Remedial actions should have already been taken to correct this problem and prevent further occurrences in the future. The Division of Water Resources may pursue enforcement action for this and any additional violations of State law. Reminder: Pursuant to Permit Condition 6 in Section E. the Permittee is required to verbally notify the Regional Office as soon as possible, not to exceed 24 hours, from first knowledge of any non-compliance at the facility including limit violations, bypasses of, or failure of a treatment unit. A written report may be required within 5 days if directed by Division staff. Prior notice should be given for anticipated or potential problems due to planned maintenance activities, taking units off-line, etc. If you have any questions concerning this matter, please contact Janet Cantwell of the Asheville Regional Office at 828-296-4500. Sincerely, G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDEQ Cc: WQS Asheville Regional Office - Enforcement File NPDES Compliance/Enforcement Unit - Enforcement File Environmental Inc./ ORC G:\WR\4VQ\Transylvania\�Alastewater\Minors\Sliding Rock 20460\N0V-N0I-2017-LV-0121.rtf hhhhh.._ ■ Complete items. 1.2, and 3. w,. 4. , A. Si - ' ture ■ Print your name and• address on the "reverse ' X so that we can return the card to you. -.'T-Vrd� (-P-r!-nt-e677a-MV- USDA Forest Service Attn: HurstonA. Nicholas very, F�rit�erentfrc gnte., National Forest Service of North Carolina ;l, address 160 Zillicoa Street, Suite A ®� 4 c Asheville, NC 28801-1082 L4��m `z C 'II"I�III� rr l�l"�II�Itllllt�t�l�lt'll'�'lllnllllt$ �, g `7a m C3 ` or 11-11111111111111111111111111111IN 111111111111111 9590 9402 2119 6132 6487 37 3.01 1,520 _2103 54634 n ARI I Ili 2615 Pi Wf 30-62;660-6&8 �� /I�Agent (LI Addressee C. Dat of D livery a 11? Yl Yesl 1: ❑ No -� vi�Gype Q 'y Priority Mail Express® '- - Ad t -re Registered MallT"' Ad t Signature ResVloted Deliver ¢ Register d Mail Restrict( Pe fled Mall® Ce fled Mall Restricted Delivery! Delivery Retum Recelptfor Co act on Delivery erchandise Co t on Delivery Restricted Delivery Signature Conflrmatio�r�T' -- -- 8a1 ❑ Signature Confinnationl email ResVjcted Delivery ! :Restricted Delivery � I Domestic Retum USPSs `'� t"` First --Class Mail Postage & Fees Paid USPS Permit No. G-10 9590 9402 2119 6132 6487 37 United States • Sender: Please print your name,. Postal Service and ZIP+4® in this box• JANET CANTWELL a NCDEG-0WR-WGROS 2090 U.S. HIGHWAY 70 SWANNANOA NC 28778 r •CompTete items 1, 2, and 3 ■ Print your name and address on the reverse so that we can return the card to you. ISDA Forest Service Mn: _Hurston A. Nicholas , lational Forest Service of North Carolina 60 Zllicoa Street, Suite A lsheville, NC 28801-1082 II"I�III�II�III�I"�II�I(Illlf���l�l�fll''III"III��I��II�I III�III!! �'I III�IIIII III III III II I IIII'I I I 9590 9402 1846 6104 5562 20 7015 152q 0003 5.4:63 Name) deli ess different from item 17 deliveryq,qdress belo -Service Type ❑ Collect on ❑ Collect on --�.........d.e4; 29p.9 o Yes No ElPriority Mail Express® if ❑ Registered MaIITM ❑ Registered Mail Restrict( slivery ;ry Return Receipt for erchandise Delivery 0 Signature ConfirmationTI ❑ Signature Confirmation Restricted Delivery i Restricted Delivery ?C Fnrm R£t1 i .lY i�i �n-I acnll zF�n_n'�! nnri-arms' A vrtl )1 i N /1 , 1 /,Ala. / Domestic Return USPS TRACKING # - - First -Class Mail Postage & Fees Paid USPS t Permit No. G-10 9590 940A184L' L104 5562 20 United States Postal Service • Sender: Please print your name, address, and ZIP+4® in this box* JANE7 CANTWELL , NCOE"WR-WGROS 2090 U.S. HIGHWAY 70 SWANNAN0A NC 28778