Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
NC0052043_Regional Office Physical File Scan Up To 10/2/2020
Facilitv information NPDES permit #: NCO052043 Transylvania County Facility name: Toxaway Falls, Inc. WWTP WWTP class: II WWTP type: 0.010 MGD extended aeration package plant with: 10,150 gallon aeration basin with dual blowers (48 cfm each) providing diffused air; 1685 gallon rectangular clarifier with sludge return; ultrasonic flow meter; tablet chlorinator; 260 gallon chlorine contact chamber; and tablet dechlorinator. Note: The A to C (dated: 3-3-1988) included a flow EQ basin and 2000 gallon sludge holding tank. The EQ basin was never installed. A 1000 gallon concrete tank is on site, but never piped for air or used for sludge holding. Sludge management is provided via a contract septage hauler. Phased construction: Upon reaching 80% of 0.010 MGD submit A to C for permitted flows of up to 0.120 MGD (The permit includes expansion permit for 0.120 MGD.) Septic Tanks: The development consists of residential homes and one condominium building on individual septic tanks and drain fields (none with flow to WWTP). In addition to these residences are the following: Collection System: The collection system to the WWTP consists of: 7 collection system connections, namely: 3 condominiums - 6 units per building: (two condos have grinder pumps — lift stations # 1 & #2 - with force mains and one condo with a septic tank and gray water discharge to a gravity line); 2 residential homes (one with a gravity line, the other with a grinder pump — lift station # 3 — and force main); 1 gift shop (gravity line); and 1 restaurant (gravity line). There are: 1,125 linear feet of 2-inch pvc force main; 3,450 feet of 4-inch gravity; and 3 simplex grinder pumps (50 gpm each). Note: WWTP flows average — 3,000 gpd G�� WWTP location: at the end of Toxaway River Drive, off of Toxaway Falls Drive, off of US Hwy 64 west of Rosman Responsible official: Thomas Marsalona & Harry Levy Responsible "'s title: owners (Harry: 954-540-6171) Official's location: 115 US Hwy 64 West; Lake Toxaway, NC 28748 Copy of inspections to: Tom Meholias, POA President Toxaway Falls Property Owners' Association Inc. PO Box 270; Lake Toxaway NC 28747 Note: Harry Levi & Tom Marsalona dissolved the corporation and are signing over ownership to the Toxaway Falls Property Owners' Association Inc. Phone numbers: 828-966-9239 work 704-996-5982 828-506-5572 cell 828-884-9537 828-884-9537 Operator information Certified ORC & grade: Back-up ORCs: Permit information Date issued: Expiration date: Stream information Stream & river basin: Sub -basin: Quad: Stream classification: Drainage area sq mi: IWC @ 0.010 MGD: IWC @ 0.120 MGD: Average streamflow: Summer cfs: Winter cfs: 30Q2: Tom Marsalona (pt time in Ft. Lauderdale) Tom Meholias — POA President CMr k �,�e, ` V'cePres WesleyRoyal, ORC 62- 7V*I Y Vh0rest, 883 77oz @ home: PO Box 778; Pisgah NC 28768 " - fax Wesley Royal - Grade III - SI - Coll Sys 1 - Sheridan G. Byers - Grade I - Jeffrey E. Lancaster - Grade I - 11-1-07 8-31-12 Cert # 13471 Cert # 990510 Cert # 25343 Cert # 992889 Cert # 992890 Toxaway River; Savannah River Basin 03-13-02 F6NW C 7.9 0.67% 7.48% 28 cfs (Shouldn't this be 2.8 cfs? WPF) 2.3 5.0 7.0 41. & 'Y�W North Carolina Department of Environment and Natural Resources Beverly Eaves Perdue Governor TOM MAHOLIAS TOXAWAY FALLS POA INC PRESIDENT PO BOX 270 LAKE TOXAWAY NC 28747 Dear Mr. Maholias: Division of Water Quality Coleen H. Sullins Director October 6, 2010 Dee Freeman Secretary Subject: NPDES Permit Modification -Name and/or Ownership Change Permit Number NCO052043 Toxaway Falls POA, Inc. WWTP Transylvania County Division personnel have reviewed and approved your request to. transfer ownership of the subject permit, received on September 10, 2010. This permit modification documents the change of ownership. Please find enclosed the revised permit. All other terms and conditions contained in the original permit remain unchanged and in full effect. This permit modification is issued under the requirements of North Carolina General Statutes 143-215.1 and the Memorandum of Agreement between North Carolina and the U.S. Environmental Protection Agency. If you have any questions concerning this permit modification, please contact the Point Source Branch at (919) 807-6304. Sincerely, / Colleen H. Sullins cc: Central Files `rslvalil'egtaxa.JMM�Surface Water Protection NPDES Unit File NCO052043 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 Phone: 919-807-63001 FAX: 919-807-64921 Customer Service:1-877-623-6748 Internet: www.ncwaterquality.org An Equal Opportunity 1 Affirmative Action Employer �� �� OCT 1 1 2010 LR QUALITY SECTION LLE REGIONAL OFFICE One z ...,... NorthCrolina ..,. Permit NCO052043 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, Toxaway Falls POA, Inc. is hereby authorized to discharge wastewater from a facility located at the Toxaway Falls POA, Inc. WWTP Toxaway River Road Transylvania County to receiving waters designated as Toxaway River in the Savannah River Basin in accordance with effluent limitations, monitoring requirements, and other conditions set forth in Parts I, II, III and IV hereof. This permit shall become effective October 6, 2010. This permit and authorization to discharge shall expire at midnight on August 31, 2012. Signed this day October 6, 2010. Coleen H. Sullins, Director r Division of Water Quality By Authority of the Environmental Management Commission Permit NCO052043 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. Toxaway Falls POA, Inc. is hereby authorized to: 1. Continue to operate an existing 0.010 MGD extended aeration package -type wastewater treatment system with the following components: ♦ Equalization basin ♦ Bar screen ♦ Aeration tank ♦ Clarifier ♦ Hypochlorinator ♦ Chlorine contact tank and ♦ Aerated sludge holding tank The facility is located west of Rosman at the Toxaway Falls POA, Inc. WWTP on Toxaway River Road in Transylvania County. 2. After receiving an Authorization to Construct from the Division of Water Quality, construct and operate a 0.12 MGD wastewater treatment facility, and 3. Discharge from said treatment works at the location specified on the attached map into the Toxaway River, classified C waters in the Savannah River Basin. Permit NCO052043 A. (1.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS During the period beginning on the effective date of this permit and lasting until expansion to 0.120 MGD or 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 MONITORING REQUIREMENTS Monthly . Average Daily Maximum Measurement . Frequency Sample Type Sample Location Flow 0.010 MGD Continuous Recording Influent or Effluent BOD, 5-day (20°C) 30.0 mg/L 45.0 mg/L Weekly Grab Effluent Total Suspended Solids 30.0 mg/L 45.0 mg/L Weekly Grab Effluent NH3 as N Monitor & Report 2/Month Grab Effluent pH1 Monitor & Report Weekly Grab Effluent Fecal Coliform (geometric mean) 200/100 mL 400/100 mL . Weekly Grab Effluent Total Residual Chlorine2 28 µg/L 2/Week Grab Effluent Footnotes: 1. The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units. 2. Limit takes effect April 1, 2009. Until the limit takes effect, the permittee shall monitor TRC (with no effluent limit). There shall be no discharge of floating solids or visible foam in other than trace amounts A. (2) PHASED CONSTRUCTION CONDITION If this facility is built in phases, plans and specifications for the next phase shall be submitted when the flow to the existing units reaches 80% of the design capacity of the facilities on line. At no time may the flow tributary to the facility exceed the design capacity of the existing units. Furthermore, this facility will need to justify the need for specific design flows prior to a -request for expansion. Permit NCOO52O43 A. (3) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS During the period beginning upon expansion to 0.120 MGD and lasting until expiration, the Permittee is authorized to discharge from outfall 001. Such discharges shall be limited f and monitored by the Permittee as specified below: EFFLUENT _ . , , CHARACTERISTICS MONITORING REQUIREMENTS Monthly _ Average Weekly _ Maximum : Daily Average Measurement Frequency Sample;. Type Sample Location Flow 0.12 MGD Continuous Recording Influent or Effluent BOD, 5-day (20°C) 30.0 mg/L 45.0 mg/L Weekly Composite Effluent Total Suspended Solids 30.0 mg/L 45.0 mg/L . Weekly Composite Effluent NH3 as N (April 1 — October 31 11.Omg/L 35.0 mg/L Weekly Composite Effluent NH3 as N .. November 1— March 31 22.0 mg/L 35.0 mg/L Weekly Composite Effluent Fecal Coliform (geometric mean) 200/100 m/L 400/100 m/L Weekly Grab Effluent Total Residual Chlorine' 28 µg/L 2/Week Grab Effluent Temperature (°C) Daily Grab Effluent Total Nitrogen (NO2+NO3+TKN) Semi -Annually . Composite Effluent Total Phosphorus Semi -Annually Composite Effluent pH2 Weekly Grab Effluent Footnotes: 1. Limit takes effect April 1, 2009. Until the limit takes effect, the permittee shall monitor TRC (with no effluent limit). 2. The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units. There shall -be -no discharge of floating solids or visible foam in other than trace amounts Beverly Eaves Perdue, Governor \O�CF W AT A�qQG II. Dee Freeman, Secretary North Carolina Department of Environment and Natural Resources Coleen H. Sullins, Director Division of Water Quality Please enter the permit number for which the change is requested. NPDES Permit (or) Certificate of Coverage Permit status prior to status change. a. Permit issued to (company name): TOXAWAY FALLS INC. b. Person legally responsible for permit: Harry Levy First MI Last Vice President Title PO BOX 778 Permit Holder Mailing Address Pisgah Forest NC 28768 City State Zip (954)540-6171 ( ) Phone Fax c. Facility name (discharge): TOXAWAY FALLS INC. WWTP d. Facility address: TOXAWAY RIVER RD Address Lake Toxaway NC 28747 City State Zip e. Facility contact person: Wesley W. Royal (828) 506-5572 First / MI / Last Phone Please provide the following for the requested change (Preyised ,en>rnttit;). a. Request for change is a result o£ ® Change in ownership of the facility ❑ Name change of the facility or owner If other please explain: b. Permit issued to (company name): c. Person legally responsible for permit: . r.. r {__7 CZ) d. Facility nabje (discharge): e. Facility address f. Facility contact person: First MI Last Toxaway a'1's Pear si. en Title l?O Box2�o Permit Holder Mailing Address - RaM, xaw,a NBC 25747 City State Zip (704) 996-5982 Phone E-mail Address TOXAWAY FALLS POA, INC WWTP TOXAWAY RIVER RD Address Lake Toxaway NC 28747 City State Zip Wesley W Royal First MI Last (828) 506-5572 wesroyal(a,hotmail.com Phone E-mail Address Revised 112009 PERMIT NAME/OWNERSHIP ... ANGE FORM Page 2 of 2 IV. Permit contact information (if different from the person legally responsible for the permit) Permit contact: Tom Maholias First MI Last Toxaway Falls Poa President Title PO BOX 270 Mailing Address Lake Toxaway NC 28747X City State Zip (828) 506-5572 wesroyal@ahotmail.com Phone E-mail Address V. Will the permitted facility continue to conduct the same industrial activities conducted prior to this ownership or name change? ® Yes DOMESTICE WASTEWATER CONO,S AND HOMES, ❑ No (please explain) RESTURANT VI. Required Items: THIS APPLICATION WILL BE RETURNED UNPROCESSED IF ITEMS ARE INCOMPLETE OR MISSING: This completed application is required for both name change and/or ownership change requests. Legal documentation of the transfer of ownership (such as relevant pages of a contract deed, or a bill of sale) is required for an ownership change request. Articles of incorporation are not sufficient for an ownership change. .................................................................................................................. The certifications below must be completed and signed by both the permit holder prior to the change, and the new applicant in the case of an ownership change request. For a name change request, the signed Applicant's Certification is sufficient. PERMITTEE CERTIFICATION (Permit holder prior to ownership change): I, Herry Levy William W Royal, attest that this application for a name/ownership change has been reviewed and is accurate and complete to the best of my knowledge. I understand that if all required parts of this application are not completed and that if all required supporting information is not included, this application package will be returned as incomplete. Date a ture W l `1 AM L / / APPLICANT CERTIFICATION I, Tom Maholias, attest that this application for a name/ownershi change has been reviewed and is accurate and complete to the best of my knowledge. I understand that if all required parts of this application are not completed and that if all required supporting information is not included, this application package will be returned as incomplete. Si nature Date PLEASE SEND THE COMPLETE APPLICATION PACKAGE TO: Division of Water Quality - - Surface Water Protection Section 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Revised 112009 E. k bk+ A Excise Tax: $0.00 Parcel Identifier No. By: 2009004947 TRANSYLVANIA CO, NC FEE $20.00 = HQ TAMLE CONSIDERATION - FRESEXTED 6 RECORDED: 08-24-2009 03:59:44 PM = CINDY M OWNBEY REGISTER Or DEEDS BY: BETH C LANDRETH ASSISTA= _— BK:Dac 511 PG:211-213 NORTH CAROLINA GENERAL WARRANTY DEED Verified by County on the day of 20 Mail/Box to: Ramsey & Pratt, P.A., 35 North Gaston Street Brevard NC 28712 This instrument was prepared by: MICHAEL K. PRATT - No Title Search Performed Brief description for the Index: THIS DEED made this 14th day of July , 2009, by and between GRANTOR TOXAWAY FALLS, INC. GRANTEE TOXAWAY FALLS PROPERTY OWNERS ASSOCIATION, INC. The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context. WITNESSETH, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that certain lot or parcel of land situated in the City of n/a ,_ Hogback Township, Transylvania County, North Carolina and more particularly described as follows: BEING ALL OF THE SAME LAND DESCRIBED ON THE PAGE WHICH IS ATTACHED HERETO, DESIGNATED AS EXHIBIT "A" AND INCORPORATED HEREIN BY REFERENCE. The property hereinabove described was acquired by Grantor by instrument recorded in Book page A map showing the above described property is recorded in Plat Book page NC BAR Association Form No. L-3 © 1976, Revised © 1977, 2002 Printed by Agreement with the NC Bar Association - 1981 SoftPro Corporation, 333 E. Six Forks Rd., Raleigh, NC 27609 TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple. And the Grantor covenants with the Grantee, that Grantor is seized of the premises in fee simple, has the right to convey the same in fee simple, that title is marketable and free and clear of all encumbrances, and that Grantor will warrant and defend the title against the lawful claims of all persons whomsoever, other than the following exceptions: IN WITNESS WHEREOF, the Grantor has duly executed the foregoing as of the day and year first above written. TOXAWAY FALLS, INC. By: Thomas Marsalon esident State of North Carolina - County of Transylvania I, a Notary Public, certify that THOMAS MARSALONA personally came before me this day and acknowledged that he is the President of TOXAWAY FALLS, INC., a corporation, and that he as President, being authorized to do so, executed the foregoing on behalf of the corporation. WITNESS my hand and Notarial Seal, this the oTAR, >t;rrpsrio—2AA - 6th day of August 2009. Signature of Notary Public Janice M. Bowers Printed or typed narne of Notary Public EXHIBIT "A" TO A DEED FROM TOXAWAY FALLS, INC., TO TOXAWAY FALLS PROPERTY OWNERS ASSOCIATION, INC. TRACT I: Being all of Parcel A as shown on a plat thereof recorded in Plat File 13, Slide 159, Records of Plats_ for Transylvania County. TRACT II: Being all of Parcel B as shown on a plat thereof recorded in Plat File 13, Slide 160, Records of Plats for Transylvania County. TRACT III: Being all of Lot 28 as shown on a plat thereof recorded in Plat File 11, slide 186, Record of Plats for Transylvania County, and as described in that certain deed recorded in Document Book 325, page 331.. The conveyance of Tracts I, II and III is made subject to all easements and other matters which may shown on the recorded plats hereinabove referred to. Conveyed herewith is all right, title and interest in and to all roads within the Toxaway Falls development. For purposes of this conveyance, "roads" is defined as: (1) The existing right of way located between lot numbers 27, 28, and 29 (on the north side) and 40,41 and 42 (on the south side), as well as all right, title and interest which the Grantor may have (but absent any warranty of title) in and to the driveway crossing lot 20 along its south side, all as shown on that certain plat recorded as Plat File 10, slide 100, in the Transylvania County Registry; and (2) all other roads and driveways of any description serving more than a single parcel or unit, and presently in existence. Note: For clarification, Lot 28 as shown on the plat recorded in Plat File 10, slide 100, is a different parcel from Lot 28 as shown on the plat recorded in Plat File 11, slide 186. - F:\Norma\Deedsmkp\ToxawayFallstoToxawayFallsPOAExhibit Bookll Pagela6 LiGFIR. R/W Mciif OF WAY STIR PPE FORM aF mw ROD I'mm QW CONOM7E 66 MASW FOUND AFF ALIARAM PPE FO= WF NAP. Fo" 6F MON 0AKE FOLRa W PLANED 67MIE FOLRM WS AL MESr :fA.4ENTf01la ib LRONRPE SET IRS IRON ROD SET M"An. SET tlLS CONCRETE IIOIAA@ITSR 70treAPP A�MATE FENX LOCATION 6R 6TATEROAO OP COMMNAT DPETAL PPE LN LAN N US VOU77IIOK6 DUL DYEWEADIITL"FINES WM WATER FEIER INC NOT TO SCALP w NDNItKED PONE DA DF3.O SOOII OR DOCUOM DOW FlIF FMLIOIMQRFOIMI FUCGS MONUMENT "TOXDAM" N : 523,599.47' E: 824,409225 i NAD 83 I FALLS DRIVE I -NTS TIE- \ \ S 44•28'48" E \ 206aJQ, MRZIONTALI LOT N0. 25 \ MARK ALAN HOOFER 162/B4 \ N 42'3513- E / / 138.85. / EXISTING PRIVATE ROADS / TO U.S. =.I 64. TOXAWAY, FALLS DRIVE N \ 20'5228' E BOA31. N 69.060S-E\L\ 32J6 / F t 6R 0{EIOH y ,��.'f 1 s` SEAL i ° L•2938 3 .-ERR;/ 1.E RoaER MI(TESC PROFESIXNL .Ara SURYEIOA. NI1T76T THAT OC FLAT WAS pPpN 1lal.]I F6 61PFTMEION FROY motmA ES POND N0.& Y16 .PAS6SB ;Tl ATnE mo AOIROataEE NOT 6LRYElID ARE 9AI1W AS BROKETI ISET A!a ARE PL RA FI.OF FREMOTNON CALCU A BY L TMT TIE MTa Q FNRSWRN AS CALCIAJRED Sf lATf1110E5 ANa DD`ARilA1E600EE LAT EXCOS fN10/lOP :TNT T64 F14 WAS PIR WOAW LSKRNLLARN ¢A�TJOAS ALOA1m. TMIRbHf ORERIFI.6KNANR .20=TaN1 fAA�ER AIO 6FA1. TLC TIE I2 DAT OF AAIANAAr . 200LL E. , f=== myrfm -219MAEG137NATLX/IANER I 1 � NBO.0579'E , 1 D0RO1,10 PRIVATE / GRAVEL ROADS. / 1 / 1 S17'2038-E I ` 90.04' XiIRS 1 L ` I TOXAWAY FALLS, INC 246/429 1 I I .34'Of w s o2 LOT N0. 28 j 7959' i 0.50 ACRES •+/- _ _ 5 89.3319" W 113.02, / M COIL 11Q 62B N 89.25'53' W 48.43' STATE OF NORTH CAROLNA TRACT NO.17 OF GORGES STATE PARK 153/83 aOMOFIMBMCANOILN COIMfYOFRNN6YLVASN TEIVRETdRFJ RITIRIC{TE W ERO FA RA1RFiN, PROfi PNu FREE bsETlifn FOIFDRRRNSRNRDTONNELowwfcT.-TICPLAT RELOR6Y0 Ara oar IeGON>aFv N T16 .aaEFaA�L REGISITR OF DEEns T?w flvanla.E3quP.y; $�;,y�ivision 6rdinanw pro Apved as R,'SpO,-'al Sutd ision, TlAT acoes9 fsa•pervp[ ;i r.•ay - sirca. MMOFROMC/.ROLEM COLWfrOFTRANSMAMA E m1d! 7*,A" AEITEW DfrCA O� TRMFtt]aRY CDIARY. CIIRPT TMT RE MAP OR PLAT TO W"c" TLC CY:RTPIU IS AFFOOD MEETS ALL REVNm OFFKM DaIE 2005010857 S-,LVA ; ,, n 1EE 5II.w =_ OS-12-2095 10:04:39 L4 _- CINDS M OgIRtT P0.SAE CAPP9 =PF 11@� PG:186-186 BOUNDARY SURVEY OF: LOT NO.28 OF SECTION 3 OF TOXAWAY FALLS, INC. PROPERTY LOCATED IN: HOGBACK TOWNSHIP TRANSYLVANIA COUNTY NORTH CAROLINA BEING A PORTION OF THE TOXAWAY FALLS, INC. PROPERTY AS DESCRIBED., AND RECORDED IN DEED BOOK 246 PAGE 429 OF THE TRANSYLVANIA COUNTY REGISTRY. SURVEY DATE: DECEMBER .2005 .,,,.NOTES TEO PROPERTY LS LOCATED IN ZONE X AREAS DETERMNED TO BE OUTSIDE THE 500-YEAR FLOODPLAW PER THE FJRM. OF THIS AREA DATED MARCH 021998. THIS PROPERTY IS SUBJECT TO MATTERS FOUND BY A TIRE: EXAMINATION AND ALSO SUBJECT TO ALL RESTRICTIONS, SETBACK LINES. ROADWAYS, ZONING ORDINANCES, AND RIGHT OF WAYS APPEARING ON THIS PROPERTYS AND/OR OF RECORD, ACREAGE CALCULATED BY THE DMD METHOD, INCLUDING ALL R/W5. THIS SURVEY CREATES A SUBDIVISION OF LAND WITHIN AN AREA OF TRANSYLVANIA COUNTY THAT HAS AN ORDINANCE THAT REGULATES PARCELS OF LAND. THE OWNERS ADDRESS IS: 1901 N. OCEAN BLVD. FT. LAUDERDALE, FLA. APT. 11 D S.33305. THERE IS NO NEW ROADS. THIS PROPERTY IS ABOVE THE 2.540' CONTOUR. THIS IS A RURAL RESIOENTTAL AREA TAX PIN IS: 8522-52-7486. THIS IS A PORTION OF A 14 ACRE./- TRACT TO BE DIVIDED INTO TWO TRACTS. ALL ROADS ARE PRIVATE 0 40' so, 120' 160, SCALE:1 INCH . 40 FEET :�EAY I1,AI 1 . . aDm r VICINITY MAP :I INCH. 2 MILES ./- SURVEYED BY: E ROGER RAXTER, N.C. PLS NO. L-Z930 11OLSLLVERSTEEN ROAD LAKE TOXAWAY, NL, 28747 PHMP-828/366-4399 DATE: DRAWING NUMBER JANUARY 12 2005 03017A - 3 - Book'13 Pago'159 L E R WEN RAXTEFL PROFESSIONAL LAIID StRNEYOEL CERNFY THAT STATE W NORTH CAROLOU COIMTY OF TRA b ANIA STATE OF NONH CAROL COUNTY OF T[I S AMA TH6'PLAT WAS DRAWN WOER w SWERVWw FROM (t MFOIUWTON FDWQ7IN44246 PAGE 429 •THAT THE THE FORTTAWG CER14lCATE"EROGER MINER PROFESSIONAL L REVIEW OFFICEA OF TRANSYI.VAIM V BOUNAI TTENOT GORVEYm ARE 6HOW11 AS 44JKp! IRE.. ql8 ENID PRESENTED FOR OR 6 CERfR E TO RE Y R COR THIS PLAT WAS CERTUl CEROFY THAT AFFIXED M MAP OR PLAT TO WHICN TN6 ARE THE PAFROM PRECSI A REFERREDHDBYLATITUDES WFOX FD FORLIOEPo. AlID OIILY fl'cTHE NTfD (TFFtE CERTRKADw6FOR All 6TATNTORr VVV THATTHENA710OF PRE NOT cc ED r NfMED' LAT THIS 01 FOX .SIDE,A =THE DAY Rc�tIRF]ONiS iIXi RECQ40014 WAS DEPARTURESDIN ODES NOT EXCEED f RF 47A O : THAT THIS PLAT OF .t009, A4 /lT O'CLOO( k WAS PREPARED W A SnKATCE WITH G5. Tl AS AMDAND MTH(35 W OPoGPLIL 51GNI41UTIE, PEDISTRILDw NLN9�2 A!ID SFlIL REGISTER aF DFIDS flEV4Y! OFFICER DATE MCS THE 28 MY OF ANAL . 200 4 NCGS MONIIMEKi-TOXDAM" 42914 REGISTRATION NuuBER .•%�N MITQ N:523,599.4T E: 824.409225'. l /1 vw maLr of waY r =O; Qq,OVESt/p'y"�! :y (NAD 831 `'/ ✓ IANMPSREP/FFF mIRww -MIlti9 (S/AT CONEUTFMWFwREFOND C{FMRE FqM L'!�LrSE'iEuR9iRRiL;i,f't,''i. f I3!' NTS 71E- .. •• R�LID 7NALOS0.293E PFID"TUNE""PO 33'B10RLONTAU EALna-I MNFarm NAfSLL0RSMPRE SET ,27 PIRw ROD SEf W/ei NAA. SET PROPOSED 4J' R/W / RF wYRMI OAS WMETEMONEbENT SET SEE:PFfl.SLIDEIS9. w wRNFA � R 1liDl['r POLE -'\ \\`, �40'PRNATE WLY . Xr]fZ APPRO:OIATE FENCE LOCATXN L L69 T I lOTl06, REVCSEO 6R S'RlE R0A0 Up/ • E]mTP1O \ / I LOT 105, 1G. E . CMP COWMAMTED LEM PIPE. ['. . NIP UP �G�VEwLe\`\ WEe.� Rf:YtGED 1 /^\ , I`I 1 W OVEiaEAD Ufp.fiY\� // ACCESS AREA., - L ION MINTER IG:IER J CIO L-G I0.F I.�S I i / NTS NOTTOsrxE U.S. HWY. 64 ::T �p s _ - "R LOT ZOO PF 1 I 9 OPNEWAY ♦ NARASOIXA EVY. UP=w �f416(iD POPlT 20' •/' PAVEMENT / •ZT42- E IR\a.F • 1� 9 I.62 " L.6.os L-6 \ 2za/eu v •v RF EssEMENT. / z9anel 1 ROOK oR OOCUFIff ROpL S35 I� II ..! //L IT0%AWAr DEVELOPMENT IAT STAFAM✓- 70' 45 /" LOT FC CFORIH RR¢�RALROAO SPRM FOUND �' 4?4-E \\\�\L5T :Z�cC�``yy//LOWER _ LA6�FNIc •� . DDTDO`r.w RAF6P mw $ 43'0 I H90/�i93 I / "'InF� .'\gUN0.EM•OpO T OT4VE 'FaF FE7OMw KEXI` a - Iiu9' tRF S 26.44'427 W 352Z S 59 J4'09" E C 3LZ3' 2 � u � z Z LINE NO. BEARING L4 5 06.05'05" W L-2 S 29.32'09" W L-3 S 60.0315" W L-4 S 66'26'20" W L-5 . N 84'20'59" W L-6 5 74'0026- E. L-7 S 27M836- W L-6 S 12'2836- W L-9 5 04'3124' E. L40 ' S 2I.30-Je E L-11 S 15.58Ti6- W 1-12 S 4.57T5" E L43 (CORD) So 9*16'39'E L44 N 80.42'SW E L-15 5 74'007Z" E L46 S 74'0072" E L47 S 57'26'02' E L48 S 57'26'02" E L49 S 57*28.02" E L-20 S 76.43,59" E L-21 5 764359' E L-22 S 85.53'54" E 'L-23 N 77'533G" E 1_24 N 63'53'01Y E L-25 N 63.53'06' E L-26 N 36'5116" E L-27 N 58.02'32' W L-28 N 42.5232- W L-29 N 42'09'57" E L-30 N 42'09'5T E L-31 N 42-09'5T E L-32 N 51-I6'09, W 6" 45 � kf, - 05.. 7AN'4Y FALLS L-u� 5 LOT 5-C S 74 LEVY •-1----� NVVSALONA O ,�• .W •• .�..��.• /���;� \/ LDT LLB I . i MAPSALOeA LOT Ii� ' SEE:PF-,IZSLOC 6W - "�, I .�•48 "►_•.---�--'' / l.6 �. �.\ 1 wsl/ ncH �ERTS / p0 r �r• /✓ PF \I ` • NAP /•"• �J -- -- 09 �/ K 0 I RR Ag•IIB 96p / / w ^^`. /�/•, / �' wPL` 5-116 00• w IPF r 0• / 3 / IPF SEF:PF.I. SL0E603 LOT lO-B, REVISED LJ 00' 1\ ` Ln�� j ®/MTE4 Ni'L1. .rr w v 7 wF . I I �+a• w lRF / • NAKJLLAN0.0LE- LOT NO 4GSnrr /.IFA rvF N 64'S7TS' W` LATMtrmimsai� ��` / PLEASANT WO 1o0'MOGb NAO9C �\ � Y�9V9 WO � aa4lRa WFiL� S 49'48'09' IOLSB• f 163,00' 4� / 4l0%84.w/ u \ \ �`` , FrAF LCTL 9TmAnt4TS PARCEL "A" Nn eoa \ I I • . _ -� / RP L1A w I \� �r / / ! I VB ! I w{,� \ S 64'S7T5-.E L.l2�FlF t.0 ieF Lya v nA ^^ 17022' \ \ LOT 9 / \ \��//� ANDIO427A A6P/ HSI•.'T, / 42TR79 / LOTS ERFF -IPF \\ `� U",OWVE `� . ����/ IIORRL CAROLWA r �9/59��/' w/ea / � p6 w LEMlARD rARAtaPrA SEE`PF.TEOIO, SLmE5f�01 UNMPROVFD PLATTED 30'R/W B, / 002�86 / \ DI -I F1EtA FASFMFNT NTF� ' ARFAPDL:O$229.PAGE259. / L?] RF LOTS / LOT" RF wL-E2 pP LOT4 WARA P.WWIEA . MART RO9FDn5) LOTS. LCESS.� SZVJ69 313/157 / STEPHW YOIlY LLC - TDISTANCE DISTANCE IAiE H0. BEARING DISTANCE IIv604 L1HE NO. BEARING ' /' 3099' N 72.2638- 229G 6236- �T 1-65 5 86.55'09" E 272T 1 L-66 � N 82.2730- E IZ43' 1 L-34 439T L-34 - 5 70.43S6' 4213' L-35. S 43.25TT W 1Z= L-67 N 51.043E W 1396' 574T .L-36 N 63.29,08, W . 5995 ' 50.00'' L-68 N 21'04Z T W 24JT L-69 N 3P3508' W ' 993T L-37• , N 74'2T25" W 104.14 7358' L-38 N 40.5T48' W' 40.08 . L-70 N 62.39'49' W 4533' ' ON THIS SHEET 2250' L-39 N 08'45'08' E 389r 3015' S E L-71 N 64'5TIS' W 163 00• THE TOTAL AREA IS: 694 ACRES •% 30J5 L-40 L-41 N 2 207 N 76'I31W E .68 45.08' L-72 N 25.3739' E 206.62• , 3015' - L-42 N 71'55'52" E 5535' L-73 5 74.13'53" E 21429' 80.15, 00 L-43 N53.52'04-E 84.ST L-74 S74'0026-E 99.92' 17.82' L-44 N OWN" E 50.05• L-75 S 15.58'56' W 18432' SO.OS L 45 N 70.3526" E' 82.4T 'L-76 N 74.01'04' W 9993' 409G' 093Z L-46 L-47 N 33.49'08' E N 79.03'26" W 7050, 11553, L-77 L-78 5 89.5B7f W N 6813.32' W 38.48" 1992' 48.63' L-48 S 84.07'SP W 3512• L-79 (CORDI S 55.53'08- W 4853' 5929, : 'L-49 N 88'If30" W 2427' 9G.Or L-50 N 85'44'28' W .26.05, 37.00' L-5I - S .0.25*3r W 42-70' ' 50.W L-52 S 73•a2'05- W 435r 16.00, L-53 S 65.2526 W 99.65, ' 6093' L_ 4 S 88'07'29' W 101.65' 72.90' L_55 N 82.4358- W 6230' 75.OZ L_S6 N 52.0229" W _ 25J2' 26.60' L'57 N 52.15'05- W. 739T Bur L-58 N 05.2413' W 1350' 25.00, L-59 N 43'01*44" E 26.00' 102-64' L-60 N 7672'4t' E 2020' 38.6f L-61 S 89.393E E 34.04' 116.12' - L-62 5 25.00'56' E 5J6' 299r L-63. N 84'30'04- E 14.46' ' 29.78' L-64 N 57.52R" E 3396' _?W._ a l e, 13 OUNDARY SUR�EY MEPARED FOR:. flTOXAWAY FALLS, INC i dji l5q PROPERTY LOCATED IN: - HOGBACK TOWNSHIP TRANSYLVANIA COUNTY - NORTH CAROLINA. DEED REFERENCE: D9. 246, PAGE 429 R 09' 439. PAGE 756 PLAT REFERENCE: PF. 2, SLIDE 3, SURVEY DATE: MAY 8 JUNE, 2005 TO THE PRESENT. NOTES TF4S PROPERTY IS LOCATED IN ZONE X AREAS DETERMINED TO BE OUTSIDE THE 500-YEAR FLOODPLNN PER THE FIRM OF THIS AREA DATED MARCH OZ 1998. EXCEPT AS NOTED, THIS PROPERTY 4S SUBJECT TO MATTERS FOUND BY A TITLE EXAMINATION AND ALSO SUBJECT TO ALL RESTRICTIONS, SETBACK LINES, ROADWAYS, ZONING ORDINANCES, AND RIGHT OF WAYS APPEARING ON THIS PROPERTYS AND/OR OF RECORD. ACREAGE CALCULATED BY THE DMD METHOD, INCLUDING ALL R/W S. THIS IS A SURVEY OF AN EXISTING PARCEL OR PARCELS OF LAND AND DOES NOT CREATE A NEW STREET OR CHANGE AN EXISTING STREET. A PORTION OF THIS PROPERTY ALONG THE TOXAWAY RIVER IS LOCATED IN ZONE A. AREAS OF 100-YEAR FLOODS SEE ALL OF THE RECORDED PLATS OF TOXAWAY.FALLS, INC FOR LOCATION OF ALL EASEMENTS AND RIGHT OF WAYS AND THEIR WINTTL SEE THE APPROPRIATE UT11I Y COMPANYS FOR LOCATION OF UTI ITYS. ALL ROADS THROUGH TOXAWAY FALLS, INC. SUBDIVISION ARE PRIVATE SEE DOT PLANS VOLUME L PAGES 74 8 75 FOR AREA NEAR THE FALLS AND U.S. MY. 64. RECORDED IN REGISTER OF DEED OFFICE, TRA ,MVAMA COMM. . THIS SHEET IS INTENDED TO ACCOMPANY ALL THE OTHER SHEETS IN THIS SET AND IS TO BE CONSIDERED INCOMPLETE WITHOUT ALL THE SHEETS TO SUPPORT IT. THE RADIUS AT THE END OF THE ROAD ON BUCKBERRY HILL DRIVE IS 375 FEET PER P.F. 3, SLIDE 9. 1 0 100' 200' 300, '400' SCALE :I INCH .100 FEET SHEET I OF 2 2009003609 r�RAIMnVAKnR ,, 6C FEE S21.o0 -o6-is-ioo9 is°:zs:3aa� c C7xm R elAleEr AT: AEM C LNAaETB =PF 13 ®PG:159-159 LAKE NC TOT:AW 28I . US 64 V6 6A SITE VICINITY MAP :1 INCH . 2 MILES ./- SURVEYED BY: E ROGER RAXTER N.C. PLS NO. L-2938 1101 SILVERSTEEN ROAD LAKE TOXAWAY, N.C. 28747 PHONE 828/966-4399 OATS DRAWING NUMBER , APRIL pg. 92009 03017A - IDA - Book 13 Page 160 C L4 L-2 L-3 L-4 L-5 L-6 L-7 L-8 L-9 L-I L41 L'I L43 L4 L45 I iG LL17 L48 L-19 L-2 L 21 L L- L-2 L- L-2 L'I12 C=2 L- L3 L3 L3 L3 L-3 L3 L L-3 L-3 L3 L-4 L-4 L-4 L- L-4 L- L-4 L-4 It 52U99.470- E : 824.409225' / CIAD 63 ) L-63 L - NTS TIE - \ 5 42.2735" E car 4963r A. OHORZIONT \ L�L-61 « L U.S. KW. 64 w 46c za./-PavaENr \ L / ov AN�u w - CON00 LOT L-� II IPF.3.Sl / IA • qCL-"^r'4RP�q / �FIBT T895/PR: ``� L-a ur VP tl I j ' N BG'1"9' E % 4iF 84SB/ • 1 ! ! La MF 1' . !Irs L•e L•2 La \CONDO LOT IPFI '• • N/F . S 51'06'4T E \ L-22 L-1306 82.06' \ <rv,' ` 1oz cartrtat �T T2o/333 L-s / LOTN0.Ho6A N/F S39•(33Z' wRNER \\'N flnoRl LLIY �-� 49.43' TWo - mP '� LOT No.1o3-A / Ie6/24e 64Calm N 05.36-36- W le6/zC.! a 4 z. 1RF / NARAL Aa LEVYLaI`I ` 14194' L-24 / __ 46B/SLT L iw OApTE ',t1'I niF // PARC `!`` PR9F 1 -4_ O /� .La L+9--"OTL - '•w III -TIE- • / We "ff u�•I N 66.2604- W t . / __ L'r LOT Iz-O / /l - v - NF LOT NO / WN UT lAr/FR TANOLE1WOp ROAD ( �ii/ `_ / l` PIWATE 40•NW ,c� 71 alr LINE NO. BEARING DISTANCE LLNE-NO. "BEARING OISTANCE 1 LOT lyc L 5 60.02'03" E 46.83' L-48 --N 80.OS29" E 219r MAMAMiA a L.Ev1' S 62.2614" E 3755 L-49 517•20,38, E 90.04' ( 4caAR N 62.09'2r E 30.00' _ L-50 S 02.34'OP W 7959' N 03.52.29' W 9315' L-51 S 53.38'54- W 4450' N 36.OrOT E 61J6 L•52 5 3r15'26" E 10264' N 82.23'24" E 5275' L-53 S 75'5f06' E 66.68, S O6'08'52" E 101.69' L-54 5 63'S2'b9' E 16026' "5 26.OT29' E 100.04' L-55 . N 02.44'49' E 38424' --' ` au / I1 S 62.09.52' W 8D.00' L36 N OT02'00' W 490JO' , 0 S 62.09'32' W 20A0' L-57 S 84*54'Do" W 320JO' 5 23.3r09' E 4850' L-58 N 69.53'00" W 325.00, 1 2 S 04'44'33' W 40.42' L.59 N 49-54*00" W 395.40' - I N BG-55.4r E 3224' L-60 N 73.50'0o" W 215J0' T `! 4 515.MS3 E 20.04' L-61 N33'08'DO" W 349.83' S I5'2638" E 20.04' C-62 (CORD) S 26-42'44- W 452Z' ( R -15099' / L = 4539' ) S 05'425" W IL45' L-63 S 24.5345' W 4692' N 78.091r E 122.03' C-64 (CORD) S 34.1218- W 191Jr ( R a 44926' / L e 19258' ) N 78.091r E ' 24.00' L-65 S 4G'19*2r W 4010' N 6r0415" W 2526 L-GG N 43.4039- W 25A3' 0 .. N Br5718" W 2o53' L-67 N 43'40'39- W 16.45' N 053636" W 25.00' L-6B' S 44.02'48" W BZG7' 22 N 76.3834" E 1324T L-69 S 29'12'54" W 65.49' Z3 Se ['0413" E 70.65' L-70 S 09.651OB" W 6126 ' 4 S 23.00'04' W 04.8r CAMS AROUND THE 247 ACRE ./- TRACT 25 S 65.26"04" E 2 2.42' THE 6 S OS•20'04' W 13242' - L-71 S 5rOf5T E 67.4T 7 S 1r4T57' W 14LDol L-72 S Or10'Sr W 141.86' 8 5 38.OB78' W .3394' L-73 S 16.2817' E 207.94' AREA 29 N 83'2479" E .69.05 L-74 . S 03.3T48' W 55.06' o N 05-22'28" E '15899' L-75 S ID-IrW W 69.00' 1 N OS-22'28- E 51.02' L-76 S 06.2213r E 5627' 2 N 05.22128" E 18999, L-T7 N 74.3814" W 33.82, 3 S 49.53'49" E 133.BO' L-78 5 22.5039- W - 156.82' 4 5 05'2424' W 439r L-79 N 35.54'42' W 78.42' 5 S e1.OS'00" E 369_OT L-80 N 76.4T5T W 45.74' 36 5 80.2TST E 8692' L-el N 02'0710- W 9139' 7 5 6912910" E 58.4T L-82 N 17'04'35" W 117.68' B S OB•ID3' E .527r 483 N 14'34'56- W MOE, 9 5 40.5T39' W 5686 L-84 N 1935'44" E 96.70' O - S 30.3516' V/ 6795' L-8,5 N 19.0436' W 54.85' 1 S 11•IT4O' W 31JT L-86 . N 04'4T45' W 36.48' 2 5 10'497T E 7239' L-87 N 24.4r40' E 27.00' 43 S 09*1218- W 63J8' L-88 N 44'IXOO' E 6935' 4 5 62.63'23" W 24.42' L-89 N 37.50'53' E 3423' . 45 S 06.03'25" E 2852' L-90 N 06.59'5r E 5733' 6 S 14.34'56- E 35.00' L-91 N 4643'06" E 59,851 7 5 37.46'55" W 45,02' E \ EL -B" TOTAL A LE EA REUMLNG AREA STATE OF NORTH MR MA zLT/839 '�I_ f_ i-'I I . / I-tcc, ilLt- I�, Jl(d-- l(PC 2009003610 . 1= 3YLVAM1uc�o, NC IT£ 121.00 95-25-2009 10:25:39 AR ��INOT�X OWaB®r . Bm�n� C [MONEr9 PF 13 PG:160-160 BOUNDARY SURVEY PREPARED FOR: TOXAWAY FALLS, INC. SEE SHEET 1 FOR NOTES AND LEGEND- 1146 SHEET G UMNDEO TO ACCdd'ANY ALL THE OR1EA SHEEP' W \ THIS THE EETS 6 TO EE [DILSmElED THE SfEElS 70 SLPPORT R wm TIDWWAY W43L COM OF WVER HS THE PNOPERIY LAE. y 4]2 Lae J. � I X/F ert • • wr aF _91 T' oo- 11 •t CONDO LOT 90 l PF.4 SLWE NARILTxN17BLLYI' zT3 - 293RBI W9 NN' 4Tx I h^ L-09 PAmmlc I �L-a L� - \ L•ex � rtrF 1 ( zanl3 I I w t T 247 ACRE ./- TRACT" � I ISF !V/ / ••�`� IPF,- rwL�ER aeooucn0 .°'F I w SHEET !t `T � e1LT1L�CE'IE WRHOIIr ALL O ac`.flCi.:yq� . a`••�ER RP•.+. o4-/Za/zoo9 SURVEYED BY: E. ROGER RAXTER, N.C. PLS NO. L-2938 110151LVERSTEEN ROAD LAKE TOXAWAY, N.C_ 26747 PHONE 820/966-4399. CATE'. DRAWWG:NUMSER 04/28/2009 03017A -10 - A �A 111/ NC®ENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary WILLIAM WESLEY ROYAL OPERATIONS MANAGER TOXAWAY FALLS POA PO BOX 778 PISGAH FOREST NC 28768 May 6, 2010 Subject: Return of Application No. NCO052043 Toxaway Falls POA Toxaway Falls WWTP Transylvania County Dear Mr. Royal: The Division of Water Quality is returning the above listed permit application for the reason that the current permit does not expire until August 31, 2012. The Division will notify you when it is time for you to reapply. If you have any questions, please feel free to contact me at (919) 807-6304 or via email at dina.sprinkle@ncdenr.gov. Sincerely, Dina Sprinkle Cc: Central Files Ashgjvj .- egl TL-ml Off ce Surface Water Protection Section Permit application file NC0052043 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 Phone: 919-807-63001 FAX: 919-807-64921 Customer Service: 1-877-623-6748 Internet: www.ncwaterquality.org A.. C......I ll--- .F..—,1 AH..mnli. rn A -I;^ . C.....I....... F711 0 2010 t5 �. a WATER QUALITY S »PION ASHEVILLE REGIOO ili�A NCD North Carolina Department of Environment and Natural Resources Beverly Eaves Perdue Governor WILLIAM WESLEY ROYAL . OPERATIONS MANAGER TOXAWAY FALLS POA PO BOY 778 PISGAH FOREST NC 28768 Dear Mr. Royal: Division of Water Quality Coleen H. Sullins Director April 12, 2010 Subject: Receipt of permit renewal application NPDES Permit NCO052043 Toxaway Falls WWTP Transylvania County Dee Freeman Secretary The NPDES Unit acknowledges receipt of the permit renewal application for the above facility on April 5, 2010; however, on initial review it was noted that the required Sludge Management Plan was not included in the paperwork submitted. Please submit to this unit a narrative description of your Sludge Management Plan. Describe how sludge (or other solids) generated during wastewater treatment are handled and disposed. If your facility has no such plan (or the permitted facility does not generate any solids), explain this in writing. For your convenience, we can accept a faxed copy at (919) 807-6495 or you can mail it attention to me at the mail service center address listed below. Upon receipt, a member of the NPDES Unit will further review your application and will contact you if additional information is required. If you have any additional questions concerning renewal of the subject permit, please contact Jeff Poupart at (919) 807-6309. Sincerely, 41� Dina tinkle SP Point Source Branch III I Fa 3 20110 L` f �I 1 cc: CENTRAL FILES .A -L(Jfft-ce/Surface Water Protection ION NPDES Unit_.- 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 One Phone: 919-807-6300 \ FAX: 919-807-6492 \ Customer Service: 1-877-623-6748 NorthCarol.ina Internet: www.ncwaterquality.org � �9�����,/ An Equal Opportunity \ Affirmative Action Employer � �/ NPDES A1-r„ICATION FOR PERMIT RENEwaL - FORM D For privately owned treatment systems treating 100% domestic wastewaters <0.1 MGD Mail the complete application to: N. C. Department of Environment and Natural Resources Division of Water Quality / NPDES Unit 1617 Mail Service Center, Raleigh, NC 27699-1617 NPDES Permit C0052043 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 TOXAWAY FALLS POA Facility Name Mailing Address City State / Zip Code Telephone Number Fax Number e-mail Address TOXAWAY FALLS POA PO Box 778 Pisgah Forest NC 28768 (828)884-9537 (828)884-9537 wesroyal@hotmail.com Nil APR 52010 2. Location of facility producing discharge: Check here if same address as above ❑ Street Address or State Road Toxaway Falls Rd City Lake Toxaway State / Zip Code North Carolian, 28747 County Transylvania 3. Operator Information: Name of the firm, public organization or other entity that operates the facility referring to the Operator in Responsible Charge or ORC) Name WILLIAM WESLEY ROYAL Mailing Address PO BOX 778 (Note that this is not City PISGAH FOREST State / Zip Code NC 28768 Telephone Number (828)884-9537 Fax Number (828)884-9537 LUIU UTY SEC; N_ C`r_-= 1 of 4 Form-D 1/06 NPDES Al _ ICATION FOR PERMIT RENEw aL - FORM D For privately owned treatment systems treating 100% domestic wastewaters <0.1 MGD 4. Description of wastewater: Facility Generating Wastewater(check all that apply): Industrial ❑ Number of Employees Commercial ❑ Number of Employees Residential ® Number of Homes 20 School ❑ Number of Students/Staff Other ❑ Explain: Describe the source(s) of wastewater (example: subdivision, mobile home park, shopping centers, restaurants, etc.): 4CONDOS, 23 RESIDENTAL HOMES, 1 GIFT SHOP, 1 RESTURANT Population served: 90 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) CLASS 2 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): TOXAWAY RIVER 8. Frequency of Discharge: If intermittent: Days per week discharge occurs Continuous 7 ❑ Intermittent Duration: 365 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. 10,000 GAL ACTIVATED TREATMENT PLANT. 2 of 4 Form-D 1/06 NPDES AI-rLICATION FOR PERMIT RENEwaL - FORM D For privately owned treatment systems treating 100% domestic wastewaters <0.1 MGD 10. Flow Information: Treatment Plant Design flow .010 MGD Annual Average daily flow .0025 MGD (for the previous 3 years) Maximum daily flow .0035 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 (BOD5) 9.3 4 mg/l 36 MONTHS Fecal Coliform 2.9 95.3 geo mean 36 MONTHS Total Suspended Solids 7.7 13.5 mg/l 36 MONTHS Temperature (Summer) 23.1 19.7 C 36 MONTHS Temperature (Winter) 11.5 3.5 C 36 MONTHS pH 7.1 6.9 su 36 MONTHS 13. List all permits, construction approvals and/or applications: Type Permit Number Type Hazardous Waste (RCRA) NESHAPS (CAA) UIC (SDWA) NPDES PSD (CAA) Non -attainment program (CAA) 14. APPLICANT CERTIFICATION Ocean Dumping (MPRSA) Dredge or fill (Section 404 or CWA) Special Order of Consent (SOC) Other Permit Number I certify that I am familiar with the information contained in the application and that to the best of my knowledge and belief such information is true, complete, and accurate. WESLEY ROYAL OPERATIONS MANAGER Printed name of Person Signing Title 3 of 4 Form-D 1/06 NPDES Al _ .,ICATION FOR PERMIT RENEvw xL - FORM D For privately owned treatment systems treating 100% domestic wastewaters <0.1 MGD Signatu"re"of Applicant North Carolina General Statute 143-215.6 (b)(2) states: Any person who knowingly makes any false statement representation, or certification in any application, record, report, plan, or other document files or required to be maintained under Article 21 or regulations of the Environmental Management Commission implementing that Article, or who falsifies, tampers with, or knowly renders inaccurate any recording or monitoring device or method required to be operated or maintained under Article 21 or regulations of the Environmental Management Commission implementing that Article, shall be guilty of a misdemeanor punishable by a fine not to exceed $25,000, or by imprisonment not to exceed six months, or by both. (18 U.S.C. Section 1001 provides a punishment by a fine of not more than $25,000 or imprisonment not more than 5 years, or both, for a similar offense.) 4 of 4 Form-D 1/06 O�O� W AT F9QG � r Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources May 3, 2007 Mr. William W. Royal Manager Toxaway Falls Inc PO Box 778 Pisgah Forest, NC 28768 Alan W. Klimek, P.E. Director Division of Water Quality Subject: Receipt of permit renewal application NPDES Permit NCO052043 Toxaway Falls WWTP Transylvania County Dear Mr.Royal: The NPDES Unit received your permit renewal application on May 2, 2007. The permit renewal application is missing a sludge disposal plan. 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 permits, please contact Susan A. Wilson at (919) 733-5083, extension 510. cc: CENTRAL FILES Asheville_ Regional-Office/Surface_ Water Pn rotectio NPDES Unit Sincerely, Gv��li�'r'4 Frances Candelaria NPDES Unit 1 -' LMAY - 7 2007 WATER QUALITY SECTION ASHEVILLE REGIONAL OFFICE S ' ..r.•� .� .ruvftiri�n. NorthCarolina Naturally North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone (919) 733-7015 Customer Service Internet: w«tiv.ncwaterquality.org Location: 512 N. Salisbury St. Raleigh, NC 27604 Fax (919) 733-2496 1-877-623-6748 An Equal Opportunity/Affirmative Acion Employer— 50% Recyded/10% Post Consumer Paper M ��C, A. 39 Pisgah Hi,v' - PO Box 778 Pisgah Forest. NC' 28768 Phone &@tx. 828-884-9537 la,e.sroyal@hottzutil. cote April 30, 2007 DEHNR Division of Water Quality NPDES Unit 1717 M. S. C. Raleigh, NC 27699-1617 RE: Toxaway Falls NCO052043 Npdes PERMIT Renewal Application Dear Sirs: L L)i �Lj M AY - 2 2007 I l DENR . WATER QUALITY i POINT SOURCE BRVICH^ r _ Please find the attached completed form D for Toxaway Falls Wastewater Treatment Facility, NCO052043 NPDES Permit Renewal. If you have any questions or need further information, please feel free to call Wesley Royal operations manager at 828-506-5572 or 828-884-9537. Sincerely, Wesley Royal y f MAY - 7 2007 WATER QUALITY SECTION ASHEVILLE REGIONAL OFFIGE APDES APPLICATION - FORM D For privately owned treatment systems treating 100% domestic wastewaters <1.0 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 C0052043 If you are completing this form in computer use the TAB key or the up - down arrows to moue from one field to the next. To check the boxes, click your mouse on top of the box. Otherwise, please print or type. 1. Contact Information: Owner Name Facility Name Mailing Address City State / Zip Code Telephone Number Fax Number e-mail Address QUALITY SECTION _VILLt 1-1G_uw"" - 2. Location of facility producing discharge: Check here if same address as above ❑ Street Address or State Road TOXAWAY RIVER DRVIE City LAKE TOXAWAY State / Zip Code NC 28774 County TRANYSLVANIA TOM MARSALONIA or HERRY LEVEY TOXAWAY FALLS INC. PO BOX 778 PISGAH FOREST NC 28768 (828)884-9537 (828)884-9537 wesr@citcom.net 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 WILLIAM WESLEY ROYAL Mailing Address PO BOX 778 City PISGAH FOREST State / Zip Code NC 28768 Telephone Number (828)884-9537 Fax Number (828)884-9537 1 of 4 Form-D 1/06 XPDES APPLICATION - FORM D For privately owned treatment systems treating 100% domestic wastewaters <1.0 MGD 4. Description of wastewater: Facility Generating Wastewater(check all that apply): Industrial ❑ Number of Employees Commercial ❑ Number of Employees Residential ® Number of Homes 34 School ❑ Number of Students/Staff Other ❑ Explain: Describe the source(s) of wastewater (example: subdivision, mobile home park, shopping centers, restaurants, etc.): 4 CONDOS, 23 RESIDENT5. 10 RESIDENTAL HOMES. 1 GIFT SHOP. 1 RESTURANT Population served: 90 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) CLASS 2 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): TOXAWAY RIVER S. Frequency of Discharge: ® Continuous ❑ Intermittent If intermittent: Days per week discharge occurs: 7 Duration: 365 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. PLANT IS A .010 EXTENDED AIR PACKAGE PLANT. LOCATED AT THE END OF TOXAWAY RIVER DRIVE. SOLIDS REMOVAL IS DONE BY LOCAL PUMP SLUDGE HAULERS. 2 of 4 Form-D 1 /06 NPDES APPLICATION - FORM Lj For privately owned treatment systems treating 100% domestic wastewaters <1.0 MGD 10. Flow Information: Treatment Plant Design flow .010 MGD Annual Average daily flow .0018 MGD (for the previous 3 years) Maximum daily flow .0025 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 Monthly Units of Number of Maximum Average Measurement Samples Biochemical Oxygen Demand (BODS) 19.3 12.1 mg/1 36 months Fecal Coliform 17.6 76 mg/l 36 months Total Suspended Solids 10 15 mg/1 36 months Temperature (Summer) Temperature (Winter) pH 7.2 6.9 units 36 months 13. List all permits, construction approvals and/or applications: Type Permit Number Type Hazardous Waste (RCRA) NESHAPS (CAA) UIC (SDWA) NPDES PSD (CAA) Non -attainment program (CAA) NCO052043 14. APPLICANT CERTIFICATION Ocean Dumping (MPRSA) Dredge or fill (Section 404 or CWA) Special Order of Consent (SOC) Other Permit Number I certify that I am familiar with the information contained in the application and that to the best of my knowledge and belief such information is true, complete, and accurate. WILLIAM WESLEY ROYAL MANAGER Printed name of Person Signing Title 3of4 Form-D 1/06 LVPDES APPLICATION - FORM v For privately owned treatment systems treating 100% domestic wastewaters <1.0 MGD North Carolina General Statute 143-215.6 (b)(2) states: Any person who knowingly makes any false statement representation, or certification in any application, record, report, plan, or other document files or required to be maintained under Article 21 or regulations of the Environmental Management Commission implementing that Article, or who falsifies, tampers with, or knowly renders inaccurate any recording or monitoring device or method required to be operated or maintained under Article 21 or regulations of the Environmental Management Commission implementing that Article, shall be guilty of a misdemeanor punishable by a fine not to exceed $25,000, or by imprisonment not to exceed six months, or by both. (18 U.S.C. Section 1001 provides a punishment by a fine of not more than $25,000 or imprisonment not more than 5 years, or both, for a similar offense.) 4 of 4 Form-D 1/06 r Staff Review and Evaluation NPDES Wastewater Permit FACILITY INFORMATION Facility Toxaway Falls, Inc. NPDES No. NC0052043 Design Flow (MGD) 0.01/0.12 Facility Class II STREAM CHARACTERISTICS Stream Name Toxaway River Stream Class C Sub -basin 031302 Drainage Area (mil) 7.9 S7Q10 (cfs) 2.3 W7Q10 (cfs) 5.0 30Q2 (cfs) 7.0 IWC (%) 0.67/7.48 Proposed Changes Parameters Affected Basis for change(s) frequencies all 2B.0508 rules for Class II facilty -monitoring for flow from instantaneous to recording recommendation from region -monitoring ammonia at 0.12 MGD from 11.0 mg/l year round to just summer, and monitor only in winter SOP for ammonia/tox. limits Compliance Schedule: none Special Condition(s): Permits & Engineering Comments: This is a permit renewal for an extended aeration treatment system, with additional limits for increased flow. Files indicate that the facility has been in violation of permitted limits, especially TSS, in 1996. The facility is experiencing problems with treatment during peak flow periods, and it was suggested to the permittee that flow equalization be investigated and a flow recorder be installed. The ammonia limit at 0.12 MGD was previously permitted as a year-round limit. No basis for a year-round limit was outlined in the wla. Therefore, per current SOP for ammonia/tox. limits, the ammonia limit has been set for the summer, and monitoring only is required for the winter. P&E recommends renewal of permit with changes noted above. Region: Can we anticipateg facility going to class III at th 0.01 MGD flow? "I Prepared b � P Y Regional Office Evaluation and Recommendations: U lDC) /KC--- PERMIT NO.: NCO052043 PERMITTEE NAME. Toxaway Falls, Inc. FACILITY NAME: Toxaway Falls, Inc. Facility Status: Existing Permit Status: Renewal Major Minor Pipe No.: 001 Design Capacity: 0.120 MGD Domestic (% of Flow): Industrial (% of Flow): 1'1 ' NPDES WASTE LOAD ALLOCATION Comments: -1 � TS Z.�`M STREAM INDEX: 444) RECEIVING STREAM: Toxaway River _ Class: C Sub -Basin: 03-13-02 Reference USGS Quad: G7SW, Reid (please attach) County: Transylvania Regional Office: Asheville Regional Office Previous Exp. Date: 3/31/93 Treatment Plant Class: H Classification changes within three miles: None to SC Line. Requested by: Prepared by:_ Reviewed by:. I i;,,. n,. 13 Jule Shanklin f Date: 10/12/92 _ Date: /7 � 2 Date: aL Gla" Effluent Characteristics ICI MGM a G BOD5 (mg/1) _ 30 30 NH3-N (mg/1) �p`l/moo✓ /1 D.O. (mg/1) TSS (mg/1) 30 3a F. Col. (/100 ml) 7ioo 2100 pH (SU) N rn ��/ r� n �tr1/nn r t � Modeler I Date Rec. I # Drainage Area (mil )� 7 Avg. Streamflow (cfs). Z 7Q10 (cfs) Z . 3 Winter 7Q10 (cfs) SD 30Q2 (cfs) 0 Toxicity Limits: IWC % Acute/Chronic Instream Monitoring: Parameters 1�/4 Upstream _ Location Downstream Location 1 C� Cj Facility Name: NPDES No.: Type of Waste: Facility Status: Permit Status: Receiving Stream: Stream Classification: Subbasin: County: Regional Office: Requestor: Date of Request: Topo Quad: FACT SHEET FOR WASTELOAD ALLOCATION Toxaway Falls, Inc. NCO052043 Domestic - 100% Existing Renewal Toxaway River C 031302 Transylvania Asheville Shanklin 8/3/92 F6NW Request # 7150 1ZECEI V E M4 ter QU61ity SKtim NOV 9-1992 r��hSVlll2 Regiprlal OPi� �, Northart>i Stream Characteristi�VIIIF' USGS # 02.1841.2320 Date: 1987 Drainage Area (mi2): 7:9 Summer 7Q10 (cfs): 2.3 Winter 7Q10 (cfs): 5.0 Average Flow (cfs): 28 30Q2 (cfs): 7.0 IWC M: 7.5 Wasteload Allocation Summary (approach taken, correspondence with region, EPA, etc.) Facility has an A to C for 0.01 MGD only. Existing limits will be given for the flow of 0.01 _ MGD, but a residual chlorine limit and an ammonia limit (based on toxicity) will be given. Fecal— coliform should be limited at 200/100 ml at all flows. Schedule Requirements and additional comments from Reviewers: Recommended by: Date: Reviewed by Instream Regional Permits & RETURN TO TECHNICAL SERVICES BY: C *.40 SOC PRIORITY 4CT: IF YES, SOC NUMBER TO: PERMITS AND ENGINEERING UNIT WATER QUALITY SECTION ATTENTION: Jule Shanklin DATE: November 9, 1992 No X NPDES STAFF REPORT AND RECOMMENDATION COUNTY Transylvania PERMIT NUMBER NCO052043 PART I - GENERAL INFORMATION 1. 2. 3. Facility and Address: Toxaway Falls, Inc. US Highway 64 Lake Toxaway, N. C. 28748 Date of Investigation: October 25, 1992 Report Prepared By: W. E. Anderson P Persons Contacted and Telephone Number: Thomas Marsalona 704-966-9226 5. Directions to Site: Toxaway Falls, Inc. is located on the left just west of the US 64 bridge over Toxaway Falls. Turn into the property and proceed down the road on the right of the buildings. Keep going downhill until you come to the treatment plant at the end of the road. You can get to the plant without four wheel drive, but getting back up the hill will be a challenge. 6. Discharge Point(s), List for all discharge points: Latitude: 35007'21" Longitude: 82055'47" Attach a USGS map extract and indicate treatment facility site and discharge point on map. U.S.G.S. Quad No. 185-SW(G7SW)U.S.G.S. Quad Name Reid 7. Site size and expansion area consistent with application? N/A Yes No If No, explain: Page 1 MHY-1-(—I'-yJ 14 c 00 FRUM ULI'l WH I LK WUHL 1 I Y ❑EU I 1 UN I U HR❑ P. 01t01 post -It"' brand tax tr8nsrnittal memo 76T1 .��.b G ptl0ne # ,r �__y ��Qtc� f•7'�'i��i�t� a... State of North Crarolina Department of Natural Resources and Community Development Division of Environmental Management 512 North Salisbury Strict • RaleQh, Nord, Carolina 27611 James G. Martin, Governor R. Paul Wilms & Thomas Ries, ry March 3, 1988 Director Mr. Tom Marsalona Toxaway Falls 115 U.S. Hwy 64 West Lake Toxaway, N.G. 28747 {SUMCT: Permit No. NCO052043 Authorization to Construct Toxaway Falls Development Wastewater Treatment plant Transylvania County Dear Mr. Marsalona: A letter of request: for an Authorization to Construct was received December 1.5, 1986, by the Division and final plans and specifications for the subject project have been reviewed and found to be satisfactory. Authorization is hereby granted for the construction of a .01 MGD wastewater treatment facility consisting of a equilization tank, a bar screen, a10,150 gallon aeration tank, 1685 gallon clarifier 1400 gallon aerated sludge holding tank, two (2) 48 C,FM blowers, a hypocblorinator and 260 gallon chlorine contact ,tank. This Authorization to Construct is issued in accord"ce with Pest II1 paragraph 8 of the NPDES P4&it No. NCO052043 issued January 18, 1983, and shall be subject to revocation unless the wastewater treatment facilities are constructed in accordance with the conditions and limitations specified in Permit No. NC0052043. The Permittee must employ a certified wastewater operator in accordance with Part III paragraph D of the referenced permit. The sludge generated from these treatment facilities must be disposed of in accordance with G.S. 143-215.1 and in a manner approvable. by the North Carolina Division of Environmental Management. In event the-faacilities-fail'to perform satisfsctorily in meeting its NPDEV permit effluent limits, the permittee shall take such immediate corrective action as may, be required by this Division, including the construction of additional wastewater treatment and disposal facilities. Upon completion of construction and prior to operation of this permitted facility, a certification must be received from a..professional engineer certifying that the permitted facility has been installed in accordance with the approved plans and specifications. Mail the Certif;.cation to the Permits and Eng.i.neeririg Unit, P.O. . Box 27687, Raleigh, N.C. 27611-768.7. . Pollution Pnw "don pays Po Box 27687. Rake, Nowt Carzam 277611-7697 Telephone 919.733-7M5 Water Resources ENVIRONMENTAL QUALITY August 3, 2017 Ms. Kimberly Oddo, President Toxaway Falls POA P.O. Box 0270 Lake Toxaway, NC 28747 ROY COOPER Governor MICHAEL S. REGAN Secretory S. JAY ZIMMERMAN Director RECEIVED Division of Water Resources AUG 2 4 2017 Water Quality Regional Operations Asheville Regional Office Subject: Issuance of NPDES Permit NCO052043 Toxaway Falls WWTP/Class II Transylvania County Dear Ms. Oddo: Division personnel have reviewed and approved your application for renewal of the subject permit. Accordingly; we are forwarding the attached NPDES discharge permit. This permit is issued pursuant to the requirements of North Carolina General Statute 143-215.1 and the Memorandum of Agreement between North Carolina and the U.S. Environmental Protection Agency dated October 15, .2007 (or as subsequently amended). The final permit includes the following significant changes from the existing permit: ➢ eDMR requirements have been added. See A.(4). ➢ Regulatory Citations have been added. ➢ An updated outfall map had been included. 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 requited. If you have any questions concerning this permit, please contact Anjali B. Orlando at telephone number (919) 807-6388 or anjali.orlando@ncdenr.gov. ncer y, S. Jay Zimmerman, P. Director, Division of Water Resources cc: Central Files Astievrlle 1�e'gio��a1 Ufe NPDES. Unit State of North Carolina I Environmental Quality I Water Resources 1617 Mail Service Center I Raleigh, NC 27699-1617 919 807 6300 919-807-6389 FAX https:lldeq.ne.govlaboutldivisionslwater-resourceslwater-resources-permitslwastewater-branchlnpdes-wastewater-permits Permit NCO052043 SUPPLEMENT TO PERMIT COVER SHEET till 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 Toxaway Falls POA is hereby authorized to: Continue to operate an existing 0.010 MGD extended aeration package -type wastewater treatment system that includes the following components: ♦ 10,150-gallon aeration basin with dual blowers ♦ 1685-gallon rectangular clarifier with sludge return ♦ Ultrasonic flow meter ♦ Tablet chlorine disinfection ♦ 260-gallon chlorine contact chamber ♦ Tablet dechlorination The facility is located west of Rosman at the Toxaway Falls WWTP off Toxaway River Rd in Transylvania County. 2. After receiving an Authorization to Construct from the Division of Water Quality, construct and operate a 0.12. MGD wastewater treatment facility. 3. Discharge from said treatment works at the location specified on the attached map into the Toxaway River (Stream Index 4-(4)), currently classified C waters in hydrologic unit 03060101 of the Savannah River Basin. Page 2 of 8 Permit NCO 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 Toxaway Falls POA, Inc. is hereby authorized to discharge wastewater from a facility located at the Toxaway Falls WWTP Toxaway River Rd Transylvania County to receiving waters designated as the Toxaway River in subbasin 03-13-02 of the Savannah 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 September 1, 2017. This permit and authorization to discharge shall expire at midnight on June 30, 2022. Signed this day August 3, 2017. S/ay Zimmerman, P.G. Director, Division of Water Resources By Authority of the Environmental Management Commission Page 1 of 8 Permit NCO052043 3) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS [ 15 NCAC 02B .0400 et seq., 02B .0500 et seq.] During the period beginning on the effective date of this permit and lasting until expiration, the Permittee is authorized to discharge from outfall 001. Such discharges shall be limited and monitored' by the Permittee as specified below: PARAMETER LIMITS': :MONITOR]NG REQUIREMENTS,' _ [PGS.Code] Monthly,' :Daily Mea' 00ent Sample Sample. " AVera a Maximum =Fre uenc. , Type ,. Location . . Flow 50050 0.12 MGD Continuous Recording or Influent t Effluent BOD, 5-day (20°C) 00310 30.0 mg/L 45.0 mg/L Weekly Composite Effluent Total Suspended Solids 30.0 mg/L 45.0 mg/L Weekly Composite Effluent 00530 NH3 as N (April 1 —October 31) 11.Omg/L 35.0 mg/L Weekly Composite Effluent [006101 NH3 as N (November 1— March 31) 22.0 mg/L 35.0 mg/L Weekly Composite Effluent 00610 Fecal Coliform (geometric mean) 200/100 m/L 400/100 m/L Weekly Grab Effluent 31616 Total Residual Chlorine2 28 Pg/L 2/Week Grab Effluent 50060 Temperature (°C) Daily Grab Effluent 00010] Total Nitrogen (NO2+NO3+TKN) Semi -Annually Composite Effluent 00600 Total Phosphorus Semi -Annually Composite Effluent 00665 pH [004001 > 6.0 and < 9.0 standard units — — Weekly Grab Effluent Footnotes: 1. The permittee shall submit discharge monitoring reports electronically using the Division's eDMR system [see A. (4)]. i 2. The Permittee shall report all effluent TRC values reported by a NC -certified laboratory [including field -certified]. Effluent values < 50 µg/L will be treated as zero for compliance purposes. All samples much be collected from a typical discharge event. THERE SHALL BE NO DISCHARGE OF FLOATING SOLIDS OR VISIBLE FOAM IN OTHER THAN TRACE AMOUNTS. Page 4 of 8 Permit NC00 Part I. A. (1) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS [15 NCAC 02B .0400 et seq., 02B .0500 et seq.] During the period beginning on the effective date of this permit and lasting until expiration, the Permittee is authorized to discharge from outfall 001. Such discharges shall be limited and monitored' by the Permittee as specified below: PARAMETER _. LIMITS:.. MONITORING REQUIREMENTS [PCS"Code]' Monthly Daily,; _ Measurement. Sample": Sample Avera a ;, Maximum'. .Frequency_ TWO ': , _ : Location - Flow 50050 0.010 MGD Continuous Recording Influent or Effluent BOD, 5-day (20°C) [00310] 30.0 mg/L 45.0 mg/L Weekly Grab Effluent Total Suspended Solids 00530 30.0 mg/L 45.0 mg/L Weekly Grab Effluent NH3 as N 00610 Monitor & Report 2/Month Grab Effluent pH 00400 > 6.0 and < 9.0 standard units - - Weekly Grab Effluent Fecal Coliform (geometric mean) 200/100 mL 400/100 mL Weekly Grab Effluent [31616] Total Residual Chlorine2 50060 28 Ug/L 2/Week Grab Effluent Footnotes: 1. The permittee shall submit discharge monitoring reports electronically using the Division's eDMR system [see A. (4)]. 2. The Permittee shall report all effluent TRC values reported by a NC -certified laboratory [including field -certified]. Effluent values < 50 µg/L will be treated as zero for compliance purposes. All samples much be collected from a typical discharge event. THERE SHALL BE NO DISCHARGE OF FLOATING SOLIDS OR VISIBLE FOAM IN OTHER THAN TRACE AMOUNTS. A. (2) PHASED CONSTRUCTION CONDITION If this facility is built in phases, plans and specifications for the next phase shall be submitted when the flow to the existing units reaches 80% of the design capacity of the facilities on line. At no time may the flow tributary to the facility exceed the design capacity of the existing units. Furthermore, this facility will need to justify the need for specific design flows prior to a request for expansion. Page 3 of 8 Permit NC0052043 Pretreatment Program Annual Reports; and Clean Water Act (CWA) Section 316(b) Annual Reports. The permittee may seek an electronic reporting waiver from the Division (see "How to Request a Waiver from Electronic Reporting" section below). 2. Electronic Submissions In accordance with 40 CFR 122.41(1)(9), the permittee must identify the initial recipient at the time of each electronic submission. The permittee should use the EPA's website resources to identify the initial recipient for the electronic submission. Initial recipient of electronic NPDES information from NPDES-regulated facilities means the entity (EPA or the state authorized by EPA to implement the NPDES program) that is the designated entity for receiving electronic NPDES data [see 40 CFR 127.2(b)]. EPA plans to establish a website that will also link to the appropriate electronic reporting tool for each type of electronic submission and for each state. Instructions on how to access and use the appropriate electronic reporting tool will be available as well. Information on EPA's NPDES Electronic Reporting Rule is found at: http: / /www2.epa. gov / compliance / fmal-national-pollutant-discharge-elimination-system- npdes-electronic-reporting-rule. Electronic submissions must start by the dates listed in the "Reporting Requirements" section above. 3. How to Request a Waiver from Electronic Reporting The permittee may seek a temporary electronic reporting waiver from the Division. To obtain an electronic reporting waiver, a permittee must first submit an electronic reporting waiver request to the Division. Requests for temporary electronic reporting waivers 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 submitting monitoring data and reports. The duration of a temporary waiver shall not exceed 5 years and shall thereupon expire. At such time, monitoring data and reports shall be submitted electronically to the Division unless the permittee re -applies for and is granted a new temporary electronic reporting waiver by the Division. Approved electronic reporting waivers are not transferrable. Only permittees with an approved reporting waiver request may submit monitoring data and reports on paper to the Division for the period that the approved reporting waiver request is effective. Information on eDMR and the application for a temporary electronic reporting waiver are found on the following web page: http: / /deg.nc.gov/about/divisions/water-resources/edmr Page 6 of 8 Permit N A. (4) ELECTRONIC REPORTING OF DISCHARGE MONITORING REPORTS [NCGS 143-215.1 (b)] Federal regulations require electronic submittal of all discharge monitoring reports (L)mxs) and program reports. The final NPDES Electronic Reporting Rule was adopted and became effective on December 21, 2015. NOTE: This special condition supplements or supersedes the following sections within Part II 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 1. Reporting Requirements [Supersedes Section D. (2.1 and Section E. (5.) (all The permittee shall report discharge monitoring data electronically using the NC DWR's Electronic Discharge Monitoring Report (eDMR) internet application. Monitoring results obtained during the previous month(s) shall be summarized for each month and submitted electronically using eDMR. The eDMR system allows permitted facilities to enter monitoring data and submit DMRs electronically using the internet. Until such time that the state's eDMR application is compliant with EPA's Cross -Media Electronic Reporting Regulation (CROMERR), permittees will be required to submit all discharge monitoring data to the state electronically using eDMR and will be required to complete the eDMR submission by printing, signing, and submitting one signed original and a copy of the computer printed eDMR to the following address: NC DENR / Division of Water Resources / Water Quality Permitting Section ATTENTION: Central Files 1617 Mail Service Center Raleigh, North Carolina 27699-1617 If a permittee is unable to use the eDMR system due to a demonstrated hardship or due to the facility being physically located in an area where less than 10 percent of the households have broadband access, then a temporary waiver from the NPDES electronic reporting requirements may be granted and discharge monitoring data may be submitted on paper DMR forms (MR 1, 1. 1, 2, 3) or alternative forms approved by the Director. Duplicate signed copies shall be submitted to the mailing address above. See "How to Request a Waiver from Electronic Reporting" section below. 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. Starting on December 21, 2020, the permittee must electronically report the following compliance monitoring data and reports, when applicable: • Sewer Overflow/Bypass Event Reports; Page 5 of 8 1-144 I"i Oufall J I , N Out fall Ali 4 ? V'z 0. 0 'V j N V_ 14r, 1. L NPDES Permit NCO052043 Taxaway Falls VVWP Receiving Stream *Toxaway River Stream Clam: C Stream Segment: 4-(4) Sub -Basin 4: 03-13-02 River Basin: Savannah HUC: 03060101 County: 'Transylvania Page 8 of 8 SCALE 1.241M Ga Facdity Location Lake Tdoway, NC USGS Quad: Raid, NC Permit NCO052043 Permit NCOC 4. Signatoxy Requirements [Supplements Section B. 11.1 (b and Supersedes Sect (11.) (d)l 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: / /deg.nc.gov/about/divisions/water-resources/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. " 5. Records Retention [Supplements Section D. (6.1] The permittee shall retain records of all Discharge Monitoring Reports, including eDMR submissions. These records or copies shall be maintained for a period of at least 3 years from the date of the report. This period may be extended by request of the Director at any time [40 CFR 122.41 ] . Page 7 of 8 NPDES Permit Standard Conditions Page 1 of 18 PART II STANDARD CONDITIONS FOR NPDES PERMITS Section A. Definitions 2/Month Samples are collected twice per month with at least ten calendar days between sampling events. These samples shall be representative of the wastewater discharged during the sample period. 3/Week Samples are collected three times per week on three separate calendar days. These samples shall be representative of the wastewater discharged during the sample period. Act or "the Act" The Federal Water Pollution Control Act, also known as the Clean Water Act (CWA), as amended, 33 USC 1251, et. seq. Annual Average The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar year. In the case of fecal coliform, the geometric mean of such discharges. Arithmetic Mean The summation of the individual values divided by the number of individual values. Bypass The known diversion of waste streams from any portion of a treatment facility including the collection system, which is not a designed or established or operating mode for the facility. Calendar Day The period from midnight of one day until midnight of the next day. However, for purposes of this permit, any consecutive 24-hour period that reasonably represents the calendar day may be used for sampling. Calendar Week The period from Sunday through the following Saturday. Calendar Quarter One of the following distinct periods: January through March, April through June, July through September, and October through December. Composite Sample A sample collected over a 24-hour period by continuous sampling or combining grab samples of at least 100 mL in such a manner as to result in a total sample representative of the wastewater discharge during the sample period. The Director may designate the most appropriate method (specific number and size of aliquots necessary, the time interval between grab samples, etc.) on a case -by -case basis. Samples may be collected manually or automatically. Composite samples may be obtained by the following methods: (1) Continuous: a single, continuous sample collected over a 24-hour period proportional to the rate of flow. (2) Constant time/variable volume: a series of grab samples collected at equal time intervals over a 24 hour period of discharge and combined proportional to the rate of flow measured at the time of individual sample collection, or (3) Variable time/constant volume: a series of grab samples of equal volume collected over a 24 hour period with the time intervals between samples determined by a preset number of gallons passing the sampling point. Flow measurement between sample intervals shall be determined by use of a flow recorder and totalizer, and the preset gallon interval between sample collection fixed at no greater than 1/24 of the expected total daily flow at the treatment system, or Version 1110912011.1 NPDES Permit Standard Page 2 of (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 SaLnpling 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 sous Substance ibstance designated under 40 CFR Part 116 pursuant to Section 311 of the CWA. Instantaneous flow measurement The flow measured during the minimum time required for the flow measuring device or method to produce a result in that instance. To the extent practical, instantaneous flow measurements coincide with the collection of any grab samples required for the same sampling period so that together the samples and flow are representative of the discharge during that sampling period. Monthly Average (concentration limit) The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar month. In the case of fecal coliform or other bacterial parameters or indicators, the geometric mean of such discharges. Permit Issuing Authority The Director of the Division of Water Resources. Quarterly Average (concentration limit) The arithmetic mean of all samples taken over a calendar quarter. Severe property damage Substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage excludes economic loss caused by delays in production. Toxic Pollutant: Any pollutant listed as toxic under Section 307(a)(1) of the CWA. Upset An incident beyond the reasonable control of the Permittee causing unintentional and temporary noncompliance with permit effluent limitations and/or monitoring requirements. An upset does not include noncompliance caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation. Weekly Average (concentration limit) The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar week. In the case of fecal coliform or other bacterial parameters or indicators, the geometric mean of such discharges. Section B. General Conditions 1. Duty to Comply The Permittee must comply with all conditions of this permit. Any permit noncompliance constitutes a violation of the CWA and is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or denial of a permit renewal application [40 CFR 122.41]. a. The Permittee shall comply with effluent standards or prohibitions established under section 307(a) of the CWA for toxic pollutants and with standards for sewage sludge use or disposal established under section 405(d) of the CWA within the time provided in the regulations that establish these standards or prohibitions or standards for sewage sludge use or disposal, even if the permit has not yet been modified to incorporate the requirement. b. The CWA provides that any person who violates section[s] 301, 302, 306, 307, 308, 318 or 405 of the Act, or any permit condition or limitation implementing any such sections in a permit issued under section 402, or any requirement imposed in a pretreatment program approved under sections 402(a)(3) or 402(b)(8) of the Act, is subject to a civil penalty not to exceed $37,500 per day for each violation. [33 USC 1319(d) and 40 CFR 122.41(a)(2)] c. The CWA provides that any person who negligently violates sections 301, 302, 306, 307, 308, 318, or 405 of the Act, or any condition or limitation implementing any of such sections in a permit issued under section 402 of the Act, or any requirement imposed in a pretreatment program approved under section 402(a)(3) or 402(b)(8) of the Act, is subject to criminal penalties of $2,500 to $25,000 per day of violation, or Version 1110912011.1 NPDES Permit Standard Conditiq Page 4 of 1 imprisonment of not more than 1 year, or both. In the case of a second or subsequent conviction for a negligent violation, a person shall be subject to criminal penalties of not more than $50,000 per day of violation, or by imprisonment of not more than 2 years, or both. [33 USC 1319(c)(1) and 40 CFR 122.41(a)(2)] d. Any person who knowingly violates such sections, or such conditions or limitations is subject to criminal penalties of $5,000 to $50,000 per day of violation, or imprisonment for not more than 3 years, or both. In the case of a second or subsequent conviction for a knowing violation, a person shall be subject to criminal penalties of not more than $100,000 per day of violation, or imprisonment of not more than 6 years, or both. [33 USC 1319(c)(2) and 40 CFR 122.41(a)(2)] e. Any person who knowingly violates section 301, 302, 303, 306, 307, 308, 318 or 405 of the Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of the Act, and who knows at that time that he thereby places another person in imminent danger of death or serious bodily injury, shall, upon conviction, be subject to a fine of not more than $250,000 or imprisonment of not more than 15 years, or both. In the case of a second or subsequent conviction for a knowing endangerment violation, a person shall be subject to a fine of not more than $500,000 or by imprisonment of not more than 30 years, or both. An organization, as defined in section 309(c)(3)(B)(iii) of the CWA, shall, upon conviction of violating the imminent danger provision, be subject to a fine of not more than $1,000,000 and can be fined up to $2,000,000 for second or subsequent convictions. [40 CFR 122.41(a)(2)] f. Under state law, a civil penalty of not more than $25,000 per violation may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of a permit. [North Carolina General Statutes § 143-215.6A] g. Any person may be assessed an administrative penalty by the Administrator for violating section 301, 302, 306, 307, 308, 318 or 405 of this Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of this Act. Administrative penalties for Class I violations are not to exceed $16,000 per violation, with the maximum amount of any Class 1 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 MCA), "Upsets" (Part II.C.5) and "Power Failures" (Part II.C.7), nothing in this permit shall be construed to relieve the Permittee from any responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3, 143-215.6 or Section 309 of the Federal Act, 33 USC 1319. Furthermore, the Permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 4. Oil and Hazardous Substance Liability Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the Permittee from any responsibilities, liabilities, or penalties to which the Permittee is or may be subject to under NCGS 143- 215.75 et seq. or Section 311 of the Federal Act, 33 USG 1321. Furthermore, the Permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 5. Property Rights The issuance of this permit does not convey any property rights in either real or personal property, or any exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor any infringement of Federal, State or local laws or regulations [40 CFR 122.41(g)]. 6. Onshore or Offshore Construction This permit does not authorize or approve the construction of any onshore or offshore physical structures or facilities or the undertaking of any work in any navigable waters. Version 1110912011.1 NPDES Permit Standard Conditions Page 5 of 18 ;verability he provisions of this permit are severable. If any provision of this permit, or the application of any provision of is 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 detennine whether cause exists for modifying, revoking and reissuing, or tenninating 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 pennit, 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 Pen -nit 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 C. NPDES Permit Standard R Changes to authorization: If an authorization under paragraph (b) of this section is no longer accurate a different individual or position has responsibility for the overall operation of the facility, a new aut satisfying the requirements of paragraph (b) of this section must be submitted to the Director prior to together with any reports, information, or applications to be signed by an authorized representative [40 CFR 122.22] d. Certification. Any person signing a document under paragraphs a. or b. of this section shall make the following certification [40 CFR 122.22]. NO OTHER STATEMENTS OF CERTIFICATION WILL BE ACCEPTED: "I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations. " 12. Permit Actions This permit may be modified, revoked and reissued, or terminated for cause. The filing of a request by the Permittee for a permit modification, revocation and reissuance, or termination, or a notification of planned changes or anticipated noncompliance does not stay any permit condition [40 CFR 122.41(f)]. 13. Permit Modification, Revocation and Reissuance, or Termination The issuance of this permit does not prohibit the permit issuing authority from reopening and modifying the permit, revoking and reissuing the permit, or terminating the permit as allowed by the laws, rules, and regulations contained in Title 40, Code of Federal Regulations, Parts 122 and 123; Title 15A of the North Carolina Administrative Code, Subchapter 02H .0100; and North Carolina General Statute 143.215.1 et. al. 14. Annual Administering and Compliance Monitoring Fee Requirements The Permittee must pay the annual administering and compliance monitoring fee within thirty days after being billed by the Division. Failure to pay the fee in a timely manner in accordance with 15A NCAC 02H .0105(b)(2) may cause this Division to initiate action to revoke the permit. Section C. Operation and Maintenance of Pollution Controls 1. Certified Operator Owners of classified water pollution control systems must designate operators, certified by the Water Pollution Control System Operators Certification Commission (WPCSOCC), of the appropriate type and grade for the system, and, for each classification must [T15A NCAC 08G .0201]: a. designate one Operator In Responsible Charge (ORC) who possesses a valid certificate of the type and grade at least equivalent to the type and grade of the system; b. designate one or more Back-up Operator(s) in Responsible Charge (Back-up ORCs) who possesses a valid certificate of the type of the system and no more than one grade less than the grads of the system, with the exception of no backup operator in responsible charge is required for systems whose minimum visitation requirements are twice per year; and c. submit a signed completed "Water Pollution Control System Operator Designation Form" to the Commission (or to the local health department for owners of subsurface systems) countersigned by the designated certified operators, designating the Operator in Responsible Charge (ORC) and the Back-up Operator in Responsible Charge (Back-up ORC): (1) 60 calendar days prior to wastewater or residuals being introduced into a new system; or (2) within 120 calendar days following: ➢ receiving notification of a change in the classification of the system requiring the designation of a new Operator in Responsible Charge (ORC) and Back-up Operator in Responsible Charge (Back-up ORC) of the proper type and grade; or ➢ a vacancy in the position of Operator in Responsible Charge (ORC) or Back-up Operator in Responsible Charge (Back-up ORC). Version 1110912011.1 NPDES Permit Standard Conditions Page 7 of 18 (3) within seven calendar days of vacancies in both ORC and Back-up ORC positions replacing or designating at least one of the responsibilities. i ne ORC of each Class I facility (or the Back-up ORC, when acting as surrogate for the ORC) must: ➢ Visit the facility as often as is necessary to insure proper operation of the treatment system; the treatment facility must be visited at least weekly ➢ Comply with all other conditions of 15A NCAC 08G .0204. The ORC of each Class II, III and IV facility (or the Back-up ORC, when acting as surrogate for the ORC) must: ➢ Visit the facility as often as is necessary to insure proper operation of the treatment system; the treatment facility must be visited at least five days per week, excluding holidays ➢ Properly manage and document daily operation and maintenance of the facility ➢ Comply with all other conditions of 15A NCAC 08G .0204. 2. Proper Operation and Maintenance The Permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the Permittee to achieve compliance with the conditions of this permit. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures. This provision requires the Permittee to install and operate backup or auxiliary facilities only when necessary to achieve compliance with the conditions of the permit [40 CFR 122.41(e)]. NOTE: Properly and officially designated operators are fully responsible for all proper operation and maintenance of the facility, and all documentation required thereof, whether acting as a contract operator [subcontractor] or a member of the Permittee's staff. 3. Need to Halt or Reduce not a Defense It shall not be a defense for a Permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the condition of this permit [40 CFR 122.41(c)]. 4. Bypassing of Treatment Facilities a. Bypass not exceeding limitations [40 CFR 122.41(m)(2)] The Permittee may allow any bypass to occur which does not cause effluent limitations to be exceeded, but only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the provisions of Paragraphs b. and c. of this section. b. Notice [40 CFR 122.41(m)(3)] (1) Anticipated bypass. If the Permittee knows in advance of the need for a bypass, it shall submit prior notice, if possible at least ten days before the date of the bypass; including an evaluation of the anticipated quality and effect of the bypass. (2) Unanticipated bypass. The Permittee shall submit notice of an unanticipated bypass as required in Part II.E.6. (24-hour notice). 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 Page 8 of 1 (3) The Permit Issuing Authority may approve an anticipated bypass, after considering its adverse effects, if the Permit Issuing Authority determines that it will meet the three conditions listed above in Paragraph c. (1) of this section. 5. Upsets a. Effect of an upset [40 CFR 122.41(n)(2)]: An upset constitutes an affirmative defense to an action brought for noncompliance with such technology based permit effluent limitations if the requirements of paragraph b. of this condition are met. No determination made during administrative review of claims that noncompliance was caused by upset, and before an action for noncompliance, is final administrative action subject to judicial review. b. Conditions necessary for a demonstration of upset: Any Permittee who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that: (1) An upset occurred and that the Permittee can identify the cause(s) of the upset; (2) The Permittee facility was at the time being properly operated; and (3) The Permittee submitted notice of the upset as required in Part ILE.6.(b) of this permit. (4) The Permittee complied with any remedial measures required under Part II.B.2. of this permit. c. Burden of proof [40 CFR 122.41(n)(4)]: The Permittee seeking to establish the occurrence of an upset has the burden of proof in any enforcement proceeding. Removed Substances Solids, sludges, filter backwash, or other pollutants removed in the course of treatment or control of wastewaters shall be utilized/disposed of in accordance with NCGS 143-215.1 and in a manner such as to prevent any pollutant from such materials from entering waters of the State or navigable waters of the United States except as permitted by the Commission. The Permittee shall comply with all applicable state and Federal regulations governing the disposal of sewage sludge, including 40 CFR 503, Standards for the Use and Disposal of Sewage Sludge; 40 CFR Part 258, Criteria For Municipal Solid Waste Landfills; and 15A NCAC Subchapter 2T, Waste Not Discharged To Surface Waters. The Permittee shall notify the Permit Issuing Authority of any significant change in its sludge use or disposal practices. 7. Power Failures The 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. Monitorinu and Records 1. Representative Sampling Samples collected and measurements taken, as required herein, shall be representative of the permitted discharge. Samples collected at a frequency less than daily shall be taken on a day and time that is representative of the discharge for the period the sample represents. All samples shall be taken at the monitoring points specified in this permit and, unless otherwise specified, before the effluent joins or is diluted by any other wastestream, body of water, or substance. Monitoring points shall not be changed without notification to and the approval of the Permit Issuing Authority [40 CFR 122.41(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: Version 1110912011.1 NPDES Permit Standard Conditions Page 9 of 18 NC DENR / Division of Water Resources / Water Quality Permitting Section ATTENTION: Central Files 1617 Mail Service Center Raleigh, North Carolina 27699-1617 3. Flow Measurements Appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges. The devices shall be installed, calibrated and maintained to ensure that the accuracy of the measurements is consistent with the accepted capability of that type of device. Devices selected shall be capable of measuring flows with a maximum deviation of less than 10% from the true discharge rates throughout the range of expected discharge volumes. Flow measurement devices shall be accurately calibrated at a minimum of once per year and maintained to ensure that the accuracy of the measurements is consistent with the accepted capability of that type of device. The Director shall approve the flow measurement device and monitoring location prior to installation. Once -through condenser cooling water flow monitored by pump logs, or pump hour meters as specified in Part I of this permit and based on the manufacturer's pump curves shall not be subject to this requirement. 4. Test Procedures Laboratories used for sample analysis must be certified by the Division. Permittees should contact the Division's Laboratory Certification Section (919 733-3908 or http://portal.ncdenr.org/web/wq/lab/cert) for information regarding laboratory certifications. Facilities whose personnel are conducting testing of field -certified parameters only must hold the appropriate field parameter laboratory certifications. Test procedures for the analysis of pollutants shall conform to the EMC regulations (published pursuant to NCGS 143-215.63 et. seq.), the Water and Air Quality Reporting Acts, and to regulations published pursuant to Section 304(g), 33 USC 1314, of the CWA (as amended), and 40 CFR 136; or in the case of sludge use or disposal, approved under 40 CFR 136, unless otherwise specified in 40 CFR 503, unless other test procedures have been specified in this permit [40 CFR 122.41]. To meet the intent of the monitoring required by this permit, all test procedures must produce minimum detection and reporting levels that are below the permit discharge requirements and all data generated must be reported down to the minimum detection or lower reporting level of the procedure. If no approved methods are determined capable of achieving minimum detection and reporting levels below permit discharge requirements, then the most sensitive (method with the lowest possible detection and reporting level) approved method must be used. Penalties for Tampering The CWA provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any monitoring device or method required to be maintained under this permit shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. If a conviction of a person is for a violation committed after a first conviction of such person under this paragraph, punishment is a fine of not more than $20,000 per day of violation, or by imprisonment of not more than 4 years, or both [40 CFR 122.41]. 6. Records Retention Except for records of monitoring information required by this permit related to the Permittee's sewage sludge use and disposal activities, which shall be retained for a period of at least five years (or longer as required by 40 CFR 503), the Permittee shall retain records of all monitoring information, including: ➢ all calibration and maintenance records ➢ all original strip chart recordings for continuous monitoring instrumentation ➢ copies of all reports required by this permit ➢ copies of all data used to complete the application for this permit These records or copies shall be maintained for a period of at least 3 years from the date of the sample, measurement, report or application. This period may be extended by request of the Director at any time [40 CFR 122.41]. Version 1110912011.1 NPDES Permit Standard Conditi Page 10 of 1 7. Recording Results For each measurement or sample taken pursuant to the requirements of this permit, the Permittee shall record the following information [40 CFR 122.41]: a. The date, exact place, and time of sampling or measurements; b. The individual(s) who performed the sampling or measurements; c. The date(s) analyses were performed; d. The individual(s) who performed the analyses; e. The analytical techniques or methods used; and f. The results of such analyses. 8. Inspection and Entry The Permittee shall allow the Director, or an authorized representative (including an authorized contractor acting as a representative of the Director), upon the presentation of credentials and other documents as may be required by law, to; a. Enter, at reasonable times, upon the Permittee's premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of this permit; b. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this permit; c. Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this permit; and d. Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise authorized by the CWA, any substances or parameters at any location [40 CFR 122.41(i)]. Section E Reporting Requirements 1. Change in Discharge All discharges authorized herein shall be consistent with the terms and conditions of this permit. The discharge of any pollutant identified in this permit more frequently than or at a level in excess of that authorized shall constitute a violation of the permit. 2. Planned Changes The Permittee shall give notice to the Director as soon as possible of any planned physical alterations or additions to the permitted facility [40 CFR 122.41(1)]. Notice is required only when: a. The alteration or addition to a permitted facility may meet one of the criteria for new sources at 40 CFR 122.29(b); or b. The alteration or addition could significantly change the nature or increase the quantity of pollutants discharged. This notification applies to pollutants subject neither to effluent limitations in the permit, nor to notification requirements under 40 CFR 122.42(a)(1); or c. The alteration or addition results in a significant change in the Permittee's sludge use or disposal practices, and such alteration, addition or change may justify the application of permit conditions that are different from or absent in the existing permit, including notification of additional use or disposal sites not reported during the permit application process or not reported pursuant to an approved land application plan. 3. Anticipated Noncompliance The Permittee shall give advance notice to the Director of any planned changes to the permitted facility or other activities that might result in noncompliance with the permit [40 CFR 122.41(1)(2)]. 4. Transfers This permit is not transferable to any person without prior written notice to and approval from the Director in accordance with 40 CFR 122.61. The Director may condition approval in accordance with NCGS 143-215.1, in particular NCGS 143-215.1(b)(4)b.2., and may require modification or revocation and reissuance of the permit, or a minor modification, to identify the new permittee and incorporate such other requirements as may be necessary under the CWA [40 CFR 122.41(1)(3), 122.61] or state statute. Version 1110912011.1 NPDES Permit Standard Conditions Page 11 of 18 :onitoring Reports [onitoring 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 permit at the time monitoring reports are submitted. The reports shall contain the information listed in Part II.E.6. of this permit [40 CFR 122.41(1)(7)]. 8. Other Information Where the Permittee becomes aware that it failed to submit any relevant facts in a permit application, or submitted incorrect information in a permit application or in any report to the Director, it shall promptly submit such facts or information [40 CFR 122.41(1)(8)]. 9. Noncompliance Notification The Permittee shall report by telephone to either the central office or the appropriate regional office of the Division as soon as possible, but in no case more than 24 hours or on the next working day following the occurrence or first knowledge of the occurrence of any of the following: a. Any occurrence at the water pollution control facility which results in the discharge of significant amounts of wastes which are abnormal in quantity or characteristic, such as the dumping of the contents of a sludge digester; the known passage of a slug of hazardous substance through the facility; or any other unusual circumstances. b. Any process unit failure, due to known or unknown reasons, that render the facility incapable of adequate wastewater treatment such as mechanical or electrical failures of pumps, aerators, compressors, etc. c. Any failure of a pumping station, sewer line, or treatment facility resulting in a by-pass without treatment of all or any portion of the influent to such station or facility. Persons reporting such occurrences by telephone shall also file a written report within 5 days following first knowledge of the occurrence. Also see reporting requirements for municipalities in Part IV.C.2.c. of this permit. 10. Availability of Reports Except for data determined to be confidential under NCGS 143-215.3 (a)(2) or Section 308 of the Federal Act, 33 USC 1318, all reports prepared in accordance with the terms shall be available for public inspection at the offices of the Division. As required by the Act, effluent data shall not be considered confidential. Knowingly making any false statement on any such report may result in the imposition of criminal penalties as provided for in NCGS 143- 215. 1 (b)(2) or in Section 309 of the Federal Act. Version 1110912011.1 NPDES Permit Standard Conditiol Page 12 of 1 11. Penalties for Falsification of Reports The CWA provides that any person who knowingly makes any false statement, representation, or certification in any record or other document submitted or required to be maintained under this permit, including monitoring reports or reports of compliance or noncompliance shall, upon conviction, be punished by a fine of not more than $25,000 per violation, or by imprisonment for not more than two years per violation, or by both [40 CFR 122.41]. 12. Annual Performance Reports Permittees who own or operate facilities that primarily collect or treat municipal or domestic wastewater and have an average annual flow greater than 200,000 gallons per day shall provide an annual report to the Permit Issuing Authority and to the users/customers served by the Permittee (NCGS 143-215.1C). The report shall summarize the performance of the collection or treatment system, as well as the extent to which the facility was compliant with applicable Federal or State laws, regulations and rules pertaining to water quality. The report shall be provided no later than sixty days after the end of the calendar or fiscal year, depending upon which annual period is used for evaluation. The report shall be sent to: NC DENR / Division of Water Resources / Water Quality Permitting Section ATTENTION: Central Files 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Version 1110912011.1 NPDES Permit Standard Conditions Page 13 of 18 PART III OTHER REQUIREMENTS Section A. Construction a. The Permittee shall not cone pence 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 Pen -nit 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 Pennittee 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 Paj 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)(I1)] 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 I or 2 of this definition above has no reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement, the POTW's effluent limitations and conditions in its NPDES or non -discharge permit, or to limit the POTW's sludge disposal options, and thus is not a Significant Industrial User (SIU); or 6. Subject to approval under 15A NCAC 02H .0907(b), the Permittee may determine that an Industrial User meeting the criteria in paragraph 3 of this definition above meets the requirements of 40 CFR Part 403.3(v)(2) and thus is a non -significant categorical Industrial User. Section B. Publicly Owned Treatment Works (POTWs) Version 1110912011.1 NPDES Pen -nit Standard Conditions Page 15 of 18 )TWs must provide adequate notice to the Director of the following [40 CFR 122.42(b)]: ny new introduction of pollutants into the POTW from an indirect discharger, regardless of the means of transport, which would be subject to section 301 or 306 of CWA if it were directly discharging those pollutants; and 2. Any substantial change in the volume or character of pollutants being introduced by an indirect discharger as influent to that POTW at the time of issuance of the permit. 3. For purposes of this paragraph, adequate notice shall include information on (1) the quality and quantity of effluent introduced into the POTW, and (2) any anticipated impact that may result from the change of the quantity or quality of effluent to be discharged from the POTW. Section C. Municipal Control of Pollutants from Industrial Users. Effluent limitations are listed in Part I of this permit. Other pollutants attributable to inputs from Industrial Users discharging to the POTW may be present in the Permittee's discharge. At such time as sufficient information becomes available to establish limitations for such pollutants, this permit may be revised to specify effluent limitations for any or all of such other pollutants in accordance with best practicable technology or water quality standards. Prohibited Discharges a. The Permittee shall develop and enforce their Pretreatment Program to implement the prohibition against the introduction of pollutants or discharges into the waste treatment system or waste collection system which cause or contribute to Pass Through or Interference as defined in 15A NCAC 02H .0900 and 40 CFR 403. [40 CFR 403.5(a)(1)] b. The Permittee shall develop and enforce their Pretreatment Program to implement the prohibitions against the introduction of the following wastes in the waste treatment or waste collection system [40 CFR 403.5(b)]: (1) Pollutants which create a fire or explosion hazard in the POTW, including, but not limited to, wastestreams with a closed cup flashpoint of less than 140 degrees Fahrenheit or 60 degrees Centigrade using the test methods specified in 40 CFR 261.21; (2) Pollutants which cause corrosive structural damage to the POTW, but in no case discharges with pH lower than 5.0, unless the works is specifically designed to accommodate such discharges; (3) Solid or viscous pollutants in amounts which cause obstruction to the flow in the POTW resulting in Interference; (4) Any pollutant, including oxygen demanding pollutants (BOD, etc.) released in a Discharge at a flow rate and/or pollutant concentration which will cause Interference with the POTW; (5) Heat in amounts which will inhibit biological activity in the POTW resulting in Interference, but in no case heat in such quantities that the temperature at the POTW Treatment Plant exceeds 40°C (104°F) unless the Division, upon request of the POTW, approves alternate temperature limits; (6) Petroleum oil, non -biodegradable cutting oil, or products of mineral oil origin in amounts that will cause Interference or Pass Through; (7) Pollutants which result in the presence of toxic gases, vapors, or fumes within the POTW in a quantity that may cause acute worker health and safety problems; or (8) Any trucked or hauled pollutants, except at discharge points designated by the POTW. c. The Permittee shall investigate the source of all discharges into the POTW, including slug loads and other unusual discharges, which have the potential to adversely impact the Permittee's Pretreatment Program and/or the operation of the POTW. The Permittee shall report such discharges into the POTW to the Director or the appropriate Regional Office. Any information shall be provided orally within 24 hours from the time the Permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the Permittee becomes aware of the circumstances. The written submission shall contain a description of the discharge; the investigation into possible sources;. the period of the discharge, including exact dates and times; if the discharge has not ceased, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance, Version 1110912011.1 NPDES Permit Standard Conditiol Page 16 of 1 3. With regard to the effluent requirements listed in Part I of this permit, it may be necessary for the Permittee to supplement the requirements of the Federal Pretreatment Standards (40 CFR, Part 403) to ensure compliance by the Permittee with all applicable effluent limitations. Such actions by the Permittee may be necessary regarding some or all of the industries discharging to the municipal system. 4. The Permittee shall require any Industrial User (IU) discharging to the POTW to meet Federal Pretreatment Standards developed under Section 307(b) of the Act as amended (which includes categorical standards and specific local limits, best management practices and narrative requirements). Prior to accepting wastewater from any Significant Industrial User (SIU), the Permittee shall either develop and submit to the Division a new Pretreatment Program or, as necessary, a modification of an existing Pretreatment Program, for approval as required under section D below as well as 15A NCAC 02H .0907(a) and (b). [40 CFR 122.440)(2)] 5. This permit shall be modified, or alternatively, revoked and reissued, to incorporate or modify an approved POTW Pretreatment Program or to include a compliance schedule for the development of a POTW Pretreatment Program as required under Section 402 (b)(8) of the CWA and implementing regulations or by the requirements of the approved State pretreatment program, as appropriate. Section D. Pretreatment Programs Under authority of sections 307 (b) and (c) and 402(b)(8) of the CWA and implementing regulations 40 CFR 403, North Carolina General Statute 143-215.3(14) and implementing regulations 15A NCAC 02H .0900, and in accordance with the approved pretreatment program, all provisions and regulations contained and referenced in the pretreatment program submittal are an enforceable part of this permit. [40 CFR 122.440)(2)] The Permittee shall operate its approved pretreatment program in accordance with Section 402(b)(8) of the CWA, 40 CFR 403, 15A NCAC 02H .0900, and the legal authorities, policies, procedures, and financial provisions contained in its pretreatment program submission and Division approved modifications thereof. Such operation shall include but is not limited to the implementation of the following conditions and requirements. Terms not defined in Part II or Part IV of this permit are as defined in 15A NCAC 02H .0903 and 40 CFR 403.3. 1. Sewer Use Ordinance (SUO) The Permittee shall maintain adequate legal authority to implement its approved pretreatment program. [15A NCAC 02H .0903(b)(32), .0905 and .0906(b)(1); 40 CFR 403.8(f)(1) and 403.9(b)(1) and (2)] 2. Industrial Waste Survey (IWS) The Permittee shall implement an IWS consisting of the survey of users of the POTW collection system or treatment plant, as required by 40 CFR 403.8(f)(2)(i-iii) and 15A NCAC 02H .0905 [also 40 CFR 122.440)(1)], including identification of all Industrial Users that may have an impact on the POTW and the character and amount of pollutants contributed to the POTW by these industrial Users and identification of those Industrial Users meeting the definition of SIU. Where the Permittee accepts wastewater from one or more satellite POTWs, the IWS for the Permittee shall address all satellite POTW services areas, unless the pretreatment program in those satellite service areas is administered by a separate Permittee with an approved Pretreatment Program. The Permittee shall submit a summary of its IWS activities to the Division at least once every five years, and as required by the Division. The IWS submission shall include a summary of any investigations conducted under paragraph C.2.c. of this Part. [15A NCAC 02H .0903(b)(13), .0905 and .0906(b)(2); 40 CFR 403.8(f)(2) and 403.9] 3. Monitoring Plan The Permittee shall implement a Division -approved Monitoring Plan for the collection of facility specific data to be used in a wastewater treatment plant Headworks Analysis (HWA) for the development of specific pretreatment local limits. Effluent data from the Plan shall be reported on the DMRs (as required by Parts ILD and II.E.5.). [15A NCAC 02H .0903(b)(16), .0906(b)(3) and .0905] 4. Headworks Analysis (HWA) and Local Limits The Permittee shall obtain Division approval of a HWA at least once every five years, and as required by the Division. Within 180 days of the effective date of this permit (or any subsequent permit modification) the Permittee shall submit to the Division a written technical evaluation of the need to revise local limits (i.e., an updated HWA or documentation of why one is not needed) [40 CFR 122.44]. 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 iforceable Pretreatment Standards as defined by 40 CFR 403.3(1). [15A NCAC '02H .0903(b)(10), .0905„ and 906(b)(4)] 5. Industrial User Pretreatment Permits (IUP) & Allocation Tables In accordance with NCGS 143-215.1, the Permittee shall issue to all Significant .Industrial' Users, permits for operation of pretreatment equipment and discharge to the Permittee's collection system or treatment works. These permits shall contain limitations, sampling protocols, :reporting requirements, appropriate standard and special conditions, and compliance schedules as necessary for the installation of treatment and control technologies to assurethat their wastewater discharge will meet all applicable pretreatment standards andrequirements. The Permittee shall maintain a current Allocation'Table (AT) which summarizes the results of the HWA and the limits from all IUPs. Permitted IUP loadings for each parameter cannot exceed the treatment capacity of the POTW as determined by the HWA. '[15A NCAC 02H .0906(b)(6), .0909, .0916, and .0917; 40 CFR 403.5, 403.8(f)(1)(iii); NCGS 143-215.67(a)] 6. Authorization to Construct (AtC) The Permittee shall ensure that an Authorization to Construct permit (AtC) is issued to all applicable Industrial Users for the construction or modification of any pretreatment facility. Prior to the issuance of an AtC, the proposed pretreatment facility and treatment process must be evaluated for its capacity to comply with all Industrial User Pretreatment Permit (IUP) limitations. [15A NCAC 02H .0906(b)(7) and .0905; NCGS 143- 215..1(a)(8)] 7. POTW .Inspection & Monitoring of their IUs The Permittee shall conduct inspection, surveillance, and monitoring activities as described in its Division approved pretreatment program in order to determine, independent of information supplied by Industrial Users,, compliance with applicable pretreatment standards, [_15A NCAC 02H .0908(e); 40 CFR 403.8(f)(2)(v)] The Permittee must: a. Inspect all Significant Industrial Users (SIUs) at least once per calendar year b. Sample all Significant Industrial Users (S'IUs) at least once per calendar year for all SiU permit -limited parameters including flow except as allowed under 15A NCAC .0908(e); and c. At least once per year, document an evaluation of any non -significant categorical Industrial User for compliance with the requirements in 40 CFR 403.3(v)(2), and either continue or revoke the designation as non- significant. 8. IU Self Monitoring. and Reporting The Permittee shall require all industrial Users to comply with the applicable monitoring and reporting requirements outlined in the Division -approved pretreatment program, the. industry's pretreatment permit, or in 15A NCAC 02H .0908. [15A 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 403.121 9. Enforcement Response Plan (ERP) The Permittee shall enforce and obtain appropriate remedies for violations of all pretreatment standards promulgated pursuant to section 307(b) and (c) of the CWA (40 CFR 405 et. seq.), prohibitive discharge standards as set forth in 40 CFR 403.5 and 15A NCAC 02H .0909, specific local limitations, and other pretreatment requirements. All remedies, enforcement actions and other, shall be consistent with the Enforcement Response Plan (ERP) approved by the Division. [15A NCAC 02H .0903(b)(7), .0906(b)(8) and .0905; 40 CFR 403.8(f)(5)] 10. Pretreatment Annual Reports (PAR) The Permittee shall report to the Division in accordance with 15A NCAC 02H .0908. Inn 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 1'110912011'.1 NPDES Permit Standard Pad NC DENR 1 Division of Water Resources f Water Quality Permitting Section Pretreatment, Emergency Response, and Collection Systems (PERCS) Unit 1617 Mail Service Center Raleigh, North Carolina 27699-1617 These reports shall be submitted by March 1 of each year and shall contain the, following: a. Narrative A narrative summary detailing actions taken, or proposed, by the Permittee to correct significant non- compliance and to ensure compliance with pretreatment requirements; b. Pretreatment Program Summary (PPS) A pretreatment. program summary (PPS) on forms or in a format provided by the Division; c. SiMificant. Non -Compliance Report (SNCR) A list of Industrial Users (IUs) in significant noncompliance (SNC) with pretreatment requirements,, and the nature of the violations on forms or in a format provided by the Division; d. Industrial Data Summary Forms (IDSF) Monitoring data from samples collected by both the POTW and the Significant Industrial Users (SlUs). These analytical results must be reported on Industrial Data Summary Forms (IDSF) or on other forms or in a format provided by the Division; e. Other. Information Copies of the. POTW's allocation table, new or modified enforcement compliance schedules, public notice of IUs in SNC, a summary of data or other information related to significant noncompliance determinations for IUs that are not considered SIUs, and any other information, upon request, which in the opinion of the Director is needed to determine compliance with the pretreatment implementation requirements of this permit; 11. Public Notice The. Permittee shall publish annually a list of Industrial Users (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)(v)] 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. [ 15A 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 Water Resources ENVIRONMENTAL QUALITY March 30, 2017 Ms. Kimberly A. Oddo, President Toxaway Falls POA, Inc. Po Box 270 Lake Toxaway, NC 28747 Subject: Permit Renewal Application No. NCO052043 Toxaway Falls WWTP Transylvania County Dear Ms. Oddo: ROY COOPER Governor• MICHAEL S. REGAN Secretory S. JAY ZIMMERMAN Director The Water Quality Permitting Section acknowledges receipt of your permit application and supporting documentation received on March 24, 2017. The primary reviewer for this renewal application is Anjali Orlando. The primary reviewer will review your application, and he will contact you if additional information is required to complete your permit renewal. ' Per G.S. 150B-3 your current permit does not expire until permit decision on the application is made. Continuation of the current permit is contingent on timely and sufficient application for renewal of the current permit. Please respond in a timely manner to requests for additional information necessary to complete the permit application. If you have any additional questions concerning renewal of the subject permit, please contact Anjali Orlando at 919-807-6388 or Anjali.Orlando@ncdenr.gov. cc: Central Files NPDES ,arA.;�lile7Region 1(■? � ce Sincerely, Wren Thedford Wastewater Branch State of North Carolina I Environmental Quality I Water Resources 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 919-807-6300 APR - 5 2017 Water Asshhevi Re 7ona1 w NPDES APPLICATION - FORM D r privately -owned treatment systems treating 100% domestic wastewaters <1.0 MGD Mail the complete application to: N. C. DENR / Division of Water Resources / NPDES Unit 1617 Mail Service Center, Raleigh, NC 27699-1617 NPDES Permit INCO052043 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 TOXAWAY FALLS POA C/O KIMBERLY ODDO (PRESIDENT) Facility Name TOXAWAY FALL WWTP Mailing Address PO BOX 270 RFCFIIIEINd"D F( DIVR- City LAKE TOXAWAY MAR 2,. —im7 State / Zip Code NC 28747 Telephone Number (828)883-9059 W'°}eF'U`"BED Fax Number (828)883-9077 KimOddo.23ngmail.com - accountants@comporium.net e-mail Address 2. Location of facility producing discharge: Check here if same address as above ❑ Street Address or State Road TOXAWAY FALLS RIVER RD City LAKE TOXAWAY State / Zip Code NC 28747 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 WILLIAM WESLEY ROYAL Mailing Address PO BOX 778 City PISGAH FOREST State / Zip Code NC 28768 Telephone Number (828)506-5572 _. . Fax Number ( ) e-mail Address WESROYAL@HOTMAIL.COM i ne Ell Form-D 11/12 NPDES APPLICATION FORM D For privately -owned treatment systems treating 100% domestic wastewaters <1.0 MGD F4. Description of wastewater: Facility Generating Wastewater(check all that apply): Industrial ❑ Number. of Employees 0 Commercial X❑ Number of Employees 4. Residential X❑ Number of Homes 27 School ❑ Number of Students/Staff 0 Other ❑ Explain: 0 Describe the.source(s) of wastewater (example: subdivision, mobile home park, shopping centers;.. restaurants, etc.): ONE RESTAURNAT 4 CONDOS WITH 23 UNITS AND 2 HOMES 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 001 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 mapshowing the.ezact location of each. oictfall): TOXAWAY RIVER 8. Frequency of Discharge: X❑ Continuous ❑ Intermittent If intermittent: Days per week discharge occurs: 7 Duration: 365 i 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. THE PLANT IS.A..010 MGD EXTENDED AIR PACKAGE PLANT. HAS A CONINUED FLOW.* METER. CHLORINE TABLET FEEDER WITH A CONTACT CHAMBER AND A DECLOR ----- TABLET FEEDER. WE WORK WITH LOCAL PUMP AND HALL TRUCKS FOR SLUDGE REMOVAL AS NEEDED, AND DUMPED AT CITY OF BREVARD WWTP. 2 of 4 ._ NPDES APPLICATION - FORM D it privately -owned treatment systems treating 100% domestic wastewaters <1.0 MGD :)w Information: eatment Plant Design flow .010 MGD n.inual Average daily flow .003 MGD (for the previous 3 years) Maximum daily flow .006 MGD (for the previous 3 years) 11. Is this facility located on Indian country? ❑ Yes X❑ No 12. Effluent Data NEW APPLICANTS: Provide data for the parameters listed. Fecal Coliform, Temperature and pH shall be grab . samples, for all other parameters 24-hour composite sampling shall be used. If more than one analysis is reported, report daily maximum and monthly average. If only one analysis .is reported, report as daily maximum. RENEWAL APPLICANTS: Provide the highest single reading (Daily Maximum) and Monthly Average over the bast 36 months for parameters currently in uour permit. Mark other parameters "NIA". Parameter Daily Maximum Monthly Average Units of Measurement Biochemical Oxygen Demand (BODs) 17.2 9.4 Mg/1 Fecal Coliform 1.7 1.4 GEOMEAN Total Suspended Solids 21.3 17.6 Mg/l Temperature (Summer) 19.4 16.2 c Temperature (Winter) 11.2 9.3 c pH 7.1 7.0 SU 13. List all permits, construction approvals and/or applications: Type Permit Number Type Permit Number Hazardous Waste (RCRA) NA NESHAPS (CAA) NA UIC (SDWA) NA Ocean Dumping (MPRSA) NA NPDES NA Dredge or fill (Section 404 or CWA) NA PSD (CAA) NA Other NA Non -attainment program (CAA) NA 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. WILLIAM WESLEY ROYAL ORC Printed name of Person Signing Title 1 i z� Signature of Applican Date North Carolina General Statute 143-215.6 (b)(2) states: Any person who knowingly makes any false statement representation, or certification in any application, record, report, plan, or other document files or required to be maintained under Article 21 or regulations of the Environmental Management - Commission implementing that Article, or who falsifies, tampers with, or knowingly renders inaccurate any recording or monitoring device or method required to be operated or maintained under Article 21 or regulations of the Environmental Management Commission implementing that Article, shall be 3 of 4 Form-D 11/12 A7 i� A. NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P.E. Governor Director October 9, 2012 Mr. Wesley Royal Toxaway Falls POA, Inc. P.O. Box 778 Pisgah Forest, N.C. 28768-0778 Subject: Issuance of NPDES Permit NCO052043 Toxaway Falls WWTP Class WW-2 Transylvania County Dear Mr. Royal: Dee Freeman Secretary 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 the permittee on July 5, 2012. 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. Charles cc: Central Files jAslieville Regional Office/Surface 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 NOV 16 2012 1 iJ j WATER QUPOA6 SECTION E ASHEVILLE�yIt�,yt//i a An Equal Opportunity/Affirmative Action Employer — 501/o Recycled/101/o Post Consumer Paper Permit NC005' 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 Toxaway Falls POA, Inc. is hereby authorized to discharge wastewater from a facility located at the Toxaway Falls WWTP Toxaway River Rd Transylvania County to receiving waters designated as the Toxaway River in subbasin 03-13-02 of the Savannah River Basin in accordance with effluent limitations, monitoring requirements, and other conditions set forth in Parts I, II, III and IV hereof. This permit shall become effective November 1, 2012. This permit and authorization to discharge shall expire at midnight on August 31, 2017. Signed this day October 10, 2 les Wakild, P.E., r vision of Water Quality By Authority of the Environmental Management Commission Permit NCO052043 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 Toxaway Falls POA is hereby authorized to: 1. Continue to operate an existing 0.010 MGD extended aeration package -type wastewater treatment system that includes the following components: ♦ 10, 1 50-gallon aeration basin with dual blowers ♦ 1685-gallon rectangular clarifier with sludge return ♦ Ultrasonic flow meter ♦ Tablet chlorine disinfection ♦ 260-gallon chlorine contact chamber ♦ Tablet dechlornation The facility is located west of Rosman at the Toxaway Falls WWTP off Toxaway River Rd in Transylvania County. 2. After receiving an Authorization to Construct from the Division of Water Quality, construct and operate a 0.12 MGD wastewater treatment facility, and 3. Discharge from said treatment works at the location specified on the attached map into the Toxaway River, currently classified C waters in hydrologic unit 03060101 of the Savannah River Basin. Permit NCO052043 i EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS [O.O 1 MGD] During the period beginning on the effective date of this permit and lasting until expansion to 0.120 MGD or 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 Average Daily Maximum Measurement Sample, Sample Frequency 'Type Location Flow 0.010 MGD Continuous Recording Influent or 50050 Effluent BOD, 5-day (20°C) 30.0 mg/L 45.0 mg/L Weekly Grab Effluent 00310 Total Suspended Solids 30.0 mg/L 45.0 mg/L Weekly Grab Effluent 00530 NH3as N 00610 Monitor & Report 2/Month Grab Effluent pH 00400 > 6.0 and < 9.0 standard units — — Weekly Grab Effluent Fecal Coliform (geometric mean) 200/100 mL 400/100 mL Weekly Grab Effluent 31616 Total Residual Chlorine' 28 µg/L 2/Week Grab Effluent 50060 FnntrntPc- 1. The Permittee shall report all effluent TRC values reported by a NC -certified laboratory [including field -certified]. Effluent values < 50 µg/L will be treated as zero for compliance purposes. There shall be no discharge of floating solids or visible foam in other than trace amounts A. (2) PHASED CONSTRUCTION CONDITION If this facility is built in phases, plans and specifications for the next phase shall be submitted when the flow to the existing units reaches 80% of the design capacity of the facilities on line. At no time may the flow tributary to the facility exceed the design capacity of the existing units. Furthermore, this facility will need to justify the need for specific design flows prior to a request for expansion. Permit NCO052 A. (3) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS [0.12 MGD] During the period beginning upon expansion to 0.120 MGD 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 Average Daily Maximum . Measurement Sample Sample Frequency Type Location Flow 0.12 MGD Continuous Recording Influent or 50050 Effluent BOD, 5-day (20°C) 00310 30.0 mg/L 45.0 mg/L Weekly Composite Effluent Total Suspended Solids 30.0 mg/L 45.0 mg/L Weekly Composite Effluent 00530 NH3 as N (April 1— October 31) 11.Omg/L 35.0 mg/L Weekly Composite Effluent 00610 NH3 as N (November 1 —March 31) 22.0 mg/L 35.0 mg/L Weekly Composite Effluent [006101 Fecal Coliform (geometric mean) 200/100 m/L 4001100 m/L Weekly Grab Effluent 31616 Total Residual Chlorine' 28 µg/L 2/Week Grab Effluent 50060 Temperature (°C) Daily Grab Effluent 00010 Total Nitrogen.(NO2+NO3+TKN) Semi -Annually Composite Effluent 00600 Total Phosphorus 665 Semi -Annually Composite Effluent LpOH 400 > 6.0 and < 9.0 standard units — — Weekly Grab Effluent T`i nn+1 nntPe- 1. The Permittee shall report all effluent TRC values reported by a NC -certified laboratory [including field -certified]. Effluent values < 50 µg/L will be treated as zero for compliance purposes. There shall be no discharge of floating solids or visible foam in other than trace amounts NPDES Permit Standard Conditions Page 1 of 18 PART II STANDARD CONDITIONS FOR NPDES PERMITS Section A. Definitions 2/Month Samples are collected twice per month with at least ten calendar days between sampling events. These samples shall be representative of the wastewater discharged during the sample period. 3/Week Samples are collected three times per week on three separate calendar days. These samples shall be representative of the wastewater discharged during the sample period. Act or "the Act" The Federal Water Pollution Control Act, also known as the Clean Water Act (CWA), as amended, 33 USC 1251, et. seq. Annual Average The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar year. In the case of fecal coliform, the geometric mean of such discharges. Arithmetic Mean The summation of the individual values divided by the number of individual values. Bypass The known diversion of waste streams from any portion of a treatment facility including the collection system, which is not a designed or established or operating mode for the facility. Calendar Day The period from midnight of one day until midnight of the next day. However, for purposes of this permit, any consecutive 24-hour period that reasonably represents the calendar day may be used for sampling. Calendar Week The period from Sunday through the following Saturday. Calendar Quarter One of the following distinct periods: January through March, April through June, July through September, and October through December. Composite Sample A sample collected over a 24-hour period by continuous sampling or combining grab samples of at least 100 mL in such a manner as to result in a total sample representative of the wastewater discharge during the sample period. The Director may designate the most appropriate method (specific number and size of aliquots necessary, the time interval between grab samples, etc.) on a case -by -case basis. Samples may be collected manually or automatically. Composite samples may be obtained by the following methods: (1) Continuous: a single, continuous sample collected over a 24-hour period proportional to the rate of flow. (2) Constant time/variable volume: a series of grab samples collected at equal time intervals over a 24 hour period of discharge and combined proportional to the rate of flow measured at the time of individual sample collection, or (3) Variable time/constant volume: a series of grab samples of equal volume collected over a 24 hour period with the time intervals between samples determined by a preset number of gallons passing the sampling point. Flow measurement between sample intervals shall be determined by use of a flow recorder and totalizer, and the preset gallon interval between sample collection fixed at no greater than 1/24 of the expected total daily flow at the treatment system, or Version 1110912011 NPDES Permit Standard R (4) Constant time/constant volume: a series of grab samples of equal volume collected over a 24-hour pi constant time interval. Use of this method requires prior approval by the Director. This method may only be used in situations where effluent flow rates vary less than 15 percent. The following restrictions also apply: ➢ Influent and effluent grab samples shall be of equal size and of no less than 100 milliliters ➢ Influent samples shall not be collected more than once per hour. ➢ Permittees with wastewater treatment systems whose detention time.< 24 hours shall collect effluent grab samples at intervals of no greater than 20 minutes apart during any 24-hour period. ➢ Permittees with wastewater treatment systems whose detention time exceeds 24 hours shall collect effluent grab samples at least every six hours; there must be a minimum of four samples during a 24-hour sampling period. Continuous flow measurement Flow monitoring that occurs without interruption throughout the operating hours of the facility. Flow shall be monitored continually except for the infrequent times when there may be no flow or for infrequent maintenance activities on the flow device. Daily Discharge The discharge of a pollutant measured during a calendar day or any 24-hour period that reasonably represents the calendar day for purposes of sampling. For pollutants measured in units of mass, the "daily discharge" is calculated as the total mass of the pollutant discharged over the day. For pollutants expressed in other units of measurement, the "daily discharge" is calculated as the average measurement of the pollutant over the day. (40 CFR 122.2; see also "Composite Sample," above.) Daily Maximum The highest "daily discharge" during the calendar month. Daily Sampling Parameters requiring daily sampling shall be sampled 5 out of every 7 days per week unless otherwise specified in the permit. Sampling shall be conducted on weekdays except where holidays or other disruptions of normal operations prevent weekday sampling. If sampling is required for all seven days of the week for any permit parameter(s), that requirement will be so noted on the Effluent Limitations and Monitoring Page(s). DWQ or "the Division" The Division of Water Quality, 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 NPDES Permit Standard Conditions Page 3 of 18 ius Substance Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the CWA. Instantaneous flow measurement The flow measured during the minimum time required for the flow measuring device or method to produce a result in that instance. To the extent practical, instantaneous flow measurements coincide with the collection of any grab samples required for the same sampling period so that together the samples and flow are representative of the discharge during that sampling period. Monthly Average (concentration limit) The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar month. In the case of fecal coliform or other bacterial parameters or indicators, the geometric mean of such discharges. Permit Issuing Authority The Director of the Division of Water Quality. Quarterly Average (concentration limit) The arithmetic mean of all samples taken over a calendar quarter. Severe propeM damage Substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage excludes economic loss caused by delays in production. Toxic Pollutant: Any pollutant listed as toxic under Section 307(a)(1) of the CWA. Upset An incident beyond the reasonable control of the Permittee causing unintentional and temporary noncompliance with permit effluent limitations and/or monitoring requirements. An upset does not include noncompliance caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation. Weekly Average (concentration limit) The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar week. In the case of fecal coliform or other bacterial parameters or indicators, the geometric mean of such discharges. Section B. General Conditions 1. Duty to Comply The Permittee must comply with all conditions of this permit. Any permit noncompliance constitutes a violation of the CWA and is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or denial of a permit renewal application [40 CFR 122.41]. a. The Permittee shall comply with effluent standards or prohibitions established under section 307(a) of the CWA for toxic pollutants and with standards for sewage sludge use or disposal established under section 405(d) of the CWA within the time provided in the regulations that establish these standards or prohibitions or standards for sewage sludge use or disposal, even if the permit has not yet been modified to incorporate the requirement. b. The CWA provides that any person who violates section[s] 301, 302, 306, 307, 308, 318 or 405 of the Act, or any permit condition or limitation implementing any such sections in a permit issued under section 402, or any requirement imposed in a pretreatment program approved under sections 402(a)(3) or 402(b)(8) of the Act, is subject to a civil penalty not to exceed $37,500 per day for each violation. [33 USC 1319(d) and 40 CFR 122.41(a)(2)] c. The CWA provides that any person who negligently violates sections 301, 302, 306, 307, 308, 318, or 405 of the Act, or any condition or limitation implementing any of such sections in a permit issued under section 402 of the Act, or any requirement imposed in a pretreatment program approved under section 402(a)(3) or 402(b)(8) of the Act, is subject to criminal penalties of $2,500 to $25,000 per day of violation, or Version 1110912011 H e. NPDES Permit Standard P imprisonment of not more than 1 year, or both. In the case of a second or subsequent conviction for violation, a person shall be subject to criminal penalties of not more than $50,000 per day of violation, or by imprisonment of not more than 2 years, or both. [33 USC 1319(c)(1) and 40 CFR 122.41(a)(2)] Any person who knowingly violates such sections, or such conditions or limitations is subject to criminal penalties of $5,000 to $50,000 per day of violation, or imprisonment for not more than 3 years, or both. In the case of a second or subsequent conviction for a knowing violation, a person shall be subject to criminal penalties of not more than $100,000 per day of violation, or imprisonment of not more than 6 years, or both. [33 USC 1319(c)(2) and 40 CFR 122.41(a)(2)] Any person who knowingly violates section 301, 302, 303, 306, 307, 308, 318 or 405 of the Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of the Act, and who knows at that time that he thereby places another person in imminent danger of death or serious bodily injury, shall, upon conviction, be subject to a fine of not more than $250,000 or imprisonment of not more than 15 years, or both. In the case of a second or subsequent conviction for a knowing endangerment violation, a person shall be subject to a fine of not more than $500,000 or by imprisonment of not more than 30 years, or both. An organization, as defined in section 309(c)(3)(B)(iii) of the CWA, shall, upon conviction of violating the imminent danger provision, be subject to a fine of not more than $1,000,000 and can be fined up to $2,000,000 for second or subsequent convictions. [40 CFR 122.41(a)(2)] f. Under state law, a civil penalty of not more than $25,000 per violation may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of a permit. [North Carolina General Statutes § 143-215.6A] g. Any person may be assessed an administrative penalty by the Administrator for violating section 301, 302, 306, 307, 308, 318 or 405 of this Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of this Act. Administrative penalties for Class I violations are not to exceed $16,000 per violation, with the maximum amount of any Class I penalty assessed not to exceed $37,500. Penalties for Class 11 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 ILCA), "Upsets" (Part II.C.5) and 'Power Failures" (Part II.C.7), nothing in this permit shall be construed to relieve the Permittee from any responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3, 143-215.6 or Section 309 of the Federal Act, 33 USC 1319. Furthermore, the Permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 4. Oil and Hazardous Substance Liability Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the Permittee from any responsibilities, liabilities, or penalties to which the Permittee is or may be subject to under NCGS 143- 215.75 et seq. or Section 311 of the Federal Act, 33 USG 1321. Furthermore, the Permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 5. Property Rights The issuance of this permit does not convey any property rights in either real or personal property, or any exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor any infringement of Federal, State or local laws or regulations [40 CFR 122.41(g)]. 6. Onshore or Offshore Construction This permit does not authorize or approve the construction of any onshore or offshore physical structures or facilities or the undertaking of any work in any navigable waters. Version 1110912011 NPDES Permit Standard Conditions Page 5 of 18 arability The provisions of this permit are severable. If any provision of this permit, or the application of any provision of this permit to any circumstances, is held invalid, the application of such provision to other circumstances, and the remainder of this permit, shall not be affected thereby [NCGS 15013-231. 8. Duty to Provide Information The Permittee shall furnish to the Permit Issuing Authority, within a reasonable time, any information which the Permit Issuing Authority may request to determine whether cause exists for modifying, revoking and reissuing, or terminating this permit or to determine compliance with this permit. The Permittee shall also furnish to the Permit Issuing Authority upon request, copies of records required by this permit [40 CFR 122.41(h)]. 9. Duty to Reapply If the Permittee wishes to continue an activity regulated by this permit after the expiration date of this permit, the Permittee must apply for and obtain a new permit [40 CFR 122.41(b)]. 10. Expiration of Permit The Permittee is not authorized to discharge after the expiration date. In order to receive automatic authorization to discharge beyond the expiration date, the Permittee shall submit such information, forms, and fees as are required by the agency authorized to issue permits no later than 180 days prior to the expiration date unless permission for a later date has been granted by the Director. (The Director shall not grant permission for applications to be submitted later than the expiration date of the existing permit.) [40 CFR 122.21(d)] Any Permittee that has not requested renewal at least 180 days prior to expiration, or any Permittee that does not have a permit after the expiration and has not requested renewal at least 180 days prior to expiration, will subject the Permittee to enforcement procedures as provided in NCGS 143-215.6 and 33 USC 1251 et. seq. 11. Si ng atory Requirements All applications, reports, or information submitted to the Permit Issuing Authority shall be signed and certified [40 CFR 122.41(k)]. a. All -permit applications shall be signed as follows: (1) For a corporation: by a responsible corporate officer. For the purpose of this Section, a responsible corporate officer means: (a) a president, secretary, treasurer or vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision making functions for the corporation, or (b) the manager of one or more manufacturing, production, or operating facilities, provided, the manager is authorized to make management decisions which govern the operation of the regulated facility including having the explicit or implicit duty of making major capital investment recommendations, and initiating and directing other comprehensive measures to assure long term environmental compliance with environmental laws and regulations; the manager can ensure that the necessary systems are established or actions taken to gather complete and accurate information for permit application requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures . (2) For a partnership or sole proprietorship: by a general partner or the proprietor, respectively; or (3) For a municipality, State, Federal, or other public agency: by either a principal executive officer or ranking elected official [40 CFR 122.22]. b. All reports required by the permit and other information requested by the Permit Issuing Authority shall be signed by a person described in paragraph a. above or by a duly authorized representative of that person. A person is a duly authorized representative only if- (1) The authorization is made in writing by a person described above; (2) The authorization specified either an individual or a position having responsibility for the overall operation of the regulated facility or activity, such as the position of plant manager, operator of a well or well field, superintendent, a position of equivalent responsibility, or an individual or position having overall responsibility for environmental matters for the company. (A duly authorized representative may thus be either a named individual or any individual occupying a named position.); and (3) The written authorization is submitted to the Permit Issuing Authority [40 CFR 122.221 Version 1110912011 C. NPDES Permit Standard R Changes to authorization: If an authorization under paragraph (b) of this section is no longer accurate a different individual or position has responsibility for the overall operation of the facility, a new authorization satisfying the requirements of paragraph (b) of this section must be submitted to the Director prior to or together with any reports, information, or applications to be signed by an authorized representative [40 CFR 122.22] d. Certification. Any person signing a document under paragraphs a. or b. of this section shall make the following certification [40 CFR 122.22]. NO OTHER STATEMENTS OF CERTIFICATION WILL BE ACCEPTED: 7 certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility offines and imprisonment for knowing violations. " 12. Permit Actions This permit may be modified, revoked and reissued, or terminated for cause. The filing of a request by the Permittee for a permit modification, revocation and reissuance, or termination, or a notification of planned changes or anticipated noncompliance does not stay any permit condition [40 CFR 122.41(f)]. 13. Permit Modification, Revocation and Reissuance, or Termination The issuance of this permit does not prohibit the permit issuing authority from reopening and modifying the permit, revoking and reissuing the permit, or terminating the permit as allowed by the laws, rules, and regulations contained in Title 40, Code of Federal Regulations, Parts 122 and 123; Title 15A of the North Carolina Administrative Code, Subchapter 02H .0100; and North Carolina General Statute 143.215.1 et. al. 14. Annual Administering and Compliance Monitoring Fee Requirements The Permittee must pay the annual administering and compliance monitoring fee within thirty days after being billed by the Division. Failure to pay the fee in a timely manner in accordance with 15A NCAC 02H .0105(b)(2) may cause this Division to initiate action to revoke the permit. Section C. Operation and Maintenance of Pollution Controls 1. Certified Operator Owners of classified water pollution control systems must designate operators, certified by the Water Pollution Control System Operators Certification Commission (WPCSOCC), of the appropriate type and grade for the system, and, for each classification must [T15A NCAC 08G .0201]: a. designate one Operator In Responsible Charge (ORC) who possesses a valid certificate of the type and grade at least equivalent to the type and grade of the system; b. designate one or more Back-up Operator(s) in Responsible Charge (Back-up ORCs) who possesses a valid certificate of the type of the system and no more than one grade less than the grade of the system, with the exception of no backup operator in responsible charge is required for systems whose minimum visitation requirements are twice per year; and c. submit a signed completed "Water Pollution Control System Operator Designation Form" to the Commission (or to the local health department for owners of subsurface systems) countersigned by the designated certified operators, designating the Operator in Responsible Charge (ORC) and the Back-up Operator in Responsible Charge (Back-up ORC): (1) 60 calendar days prior to wastewater or residuals being introduced into a new system; or (2) within 120 calendar days following: ➢ receiving notification of a change in the classification of the system requiring the designation of a new Operator in Responsible Charge (ORC) and Back-up Operator in Responsible Charge (Back-up ORC) of the proper type and grade; or ➢ a vacancy in the position of Operator in Responsible Charge (ORC) or Back-up Operator in Responsible Charge (Back-up ORC). Version 1110912011 NPDES Permit Standard Conditions Page 7 of 18 (3) within seven calendar days of vacancies in both ORC and Back-up ORC positions replacing or designating at least one of the responsibilities. The ORC of each Class I facility (or the Back-up ORC, when acting as surrogate for the ORC) must: ➢ Visit the facility as often as is necessary to insure proper operation of the treatment system; the treatment facility must be visited at least weekly ➢ Comply with all other conditions of 15A NCAC 08G .0204. The ORC of each Class 11, III and IV facility (or the Back-up ORC, when acting as surrogate for the ORC) must: ➢ Visit the facility as often as is necessary to insure proper operation of the treatment system; the treatment facility must be visited at least five days per week, excluding holidays ➢ Properly manage and document daily operation and maintenance of the facility ➢ Comply with all other conditions of 15A NCAC 08G .0204. 2. Proper Operation and Maintenance The Permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the Permittee to achieve compliance with the conditions of this permit. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures. This provision requires the Permittee to install and operate backup or auxiliary facilities only when necessary to achieve compliance with the conditions of the permit [40 CFR 122.41(e)]. NOTE: Properly and officially designated operators are fully responsible for all proper operation and maintenance of the facility, and all documentation required thereof, whether acting as a contract operator [subcontractor] or a member of the Permittee's staff. 3. Need to Halt or Reduce not a Defense It shall not be a defense for a Permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the condition of this permit [40 CFR 122.41(c)]. 4. Bypassing of Treatment Facilities a. Bypass not exceeding limitations [40 CFR 122.41(m)(2)] The Permittee may allow any bypass to occur which does not cause effluent limitations to be exceeded, but only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the provisions of Paragraphs b. and c. of this section. b. Notice [40 CFR 122.41(m)(3)] (1) Anticipated bypass. If the Permittee knows in advance of the need for a bypass, it shall submit prior notice, if possible at least ten days before the date of the bypass; including an evaluation of the anticipated quality and effect of the bypass. (2) Unanticipated bypass. The Permittee shall submit notice of an unanticipated bypass as required in Part II.E.6. (24-hour notice). c. Prohibition of Bypass (1) Bypass from the treatment facility is prohibited and the Permit Issuing Authority may take enforcement action against a Permittee for bypass, unless: (A) Bypass was unavoidable to prevent loss of life, personal injury or severe property damage; (B) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate backup equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and (C) The Permittee submitted notices as required under Paragraph b. of this section. (2) Bypass from the collection system is prohibited and the Permit Issuing Authority may take enforcement action against a Permittee for a bypass as provided in any current or future system -wide collection system permit associated with the treatment facility. Version 1110912011 NPDES Permit Standard P; (3) The Permit Issuing Authority may approve an anticipated bypass, after considering its adverse e the Permit Issuing Authority determines that it will meet the three conditions listed above in Paragraph c. (1) of this section. 5. Upsets a. Effect of an upset [40 CFR 122.41(n)(2)]: An upset constitutes an affirmative defense to an action brought for noncompliance with such technology based permit effluent limitations if the requirements of paragraph b. of this condition are met. No determination made during administrative review of claims that noncompliance was caused by upset, and before an action for noncompliance, is final administrative action subject to judicial review. b. Conditions necessary for a demonstration of upset: Any Permittee who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that: (1) An upset occurred and that the Permittee can identify the cause(s) of the upset; (2) The Permittee facility was at the time being properly operated; and (3) The Permittee submitted notice of the upset as required in Part II.E.6.(b) of this permit. (4) The Permittee complied with any remedial measures required under Part II.B.2. of this permit. c. Burden of proof [40 CFR 122.41(n)(4)]: The Permittee seeking to establish the occurrence of an upset has the burden of proof in any enforcement proceeding. 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 1. Representative Sampling Samples collected and measurements taken, as required herein, shall be representative of the permitted discharge. Samples collected at a frequency less than daily shall be taken on a day and time that is representative of the discharge for the period the sample represents. All samples shall be taken at the monitoring points specified in this permit and, unless otherwise specified, before the effluent joins or is diluted by any other wastestream, body of water, or substance. Monitoring points shall not be changed without notification to and the approval of the Permit Issuing Authority [40 CFR 122.410)]. 2. Reporting Monitoring results obtained during the previous month(s) shall be summarized for each month and reported on a monthly Discharge Monitoring Report (DMR) 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 NPDES Permit Standard Conditions Page 9 of 18 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 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 122.411. 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. Penalties for Tampering The CWA provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any monitoring device or method required to be maintained under this permit shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. If a conviction of a person is for a violation committed after a first conviction of such person under this paragraph, punishment is a fine of not more than $20,000 per day of violation, or by imprisonment of not more than 4 years, or both [40 CFR 122.41]. 6. Records Retention Except for records of monitoring information required by this permit related to the Permittee's sewage sludge use and disposal activities, which shall be retained for a period of at least five years (or longer as required by 40 CFR 503), the Permittee shall retain records of all monitoring information, including: ➢ all calibration and maintenance records ➢ all original strip chart recordings for continuous monitoring instrumentation ➢ copies of all reports required by this permit ➢ copies of all data used to complete the application for this permit These records or copies shall be maintained for a period of at least 3 years from the date of the sample, measurement, report or application. This period may be extended by request of the Director at any time [40 CFR 122.41]. Version 1110912011 NPDES Permit Standard Pad Recording Results For each measurement or sample taken pursuant to the requirements of this permit, the Permittee shall record the following information [40 CFR 122.41]: a. The date, exact place, and time of sampling or measurements; b. The individual(s) who performed the sampling or measurements; c. The date(s) analyses were performed; d. The individual(s) who performed the analyses; e. The analytical techniques or methods used; and f. The results of such analyses. 8. Inspection and Entry The Permittee shall allow the Director, or an authorized representative (including an authorized contractor acting as a representative of the Director), upon the presentation of credentials and other documents as may be required by law, to; a. Enter, at reasonable times, upon the Permittee's premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of this permit; b. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this permit; c. Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this permit; and d. Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise authorized by the CWA, any substances or parameters at any location [40 CFR 122.41(i)]. Section E Reporting Requirements 1. Change in Discharge All discharges authorized herein shall be consistent with the terms and conditions of this permit. The discharge of any pollutant identified in this permit more frequently than or at a level in excess of that authorized shall constitute a violation of the permit. 2. Planned Changes The Permittee shall give notice to the Director as soon as possible of any planned physical alterations or additions to the permitted facility [40 CFR 122.41(1)]. Notice is required only when: a. The alteration or addition to a permitted facility may meet one of the criteria for new sources at 40 CFR 122.29(b); or b. The alteration or addition could significantly change the nature or increase the quantity of pollutants discharged. This notification applies to pollutants subject neither to effluent limitations in the permit, nor to notification requirements under 40 CFR 122.42(a)(1); or c. The alteration or addition results in a significant change in the Permittee's sludge use or disposal practices, and such alteration, addition or change may justify the application of permit conditions that are different from or absent in the existing permit, including notification of additional use or disposal sites not reported during the permit application process or not reported pursuant to an approved land application plan. 3. Anticipated Noncompliance The Permittee shall give advance notice to the Director of any planned changes to the permitted facility or other activities that might result in noncompliance with the permit [40 CFR 122.41(1)(2)]. 4. Transfers This permit is not transferable to any person without prior written notice to and approval from the Director in accordance with 40 CFR 122.61. The Director may condition approval in accordance with NCGS 143-215.1, in particular NCGS 143-215. 1 (b)(4)b.2., and may require modification or revocation and reissuance of the permit, or a minor modification, to identify the new permittee and incorporate such other requirements as may be necessary under the CWA [40 CFR 122.41(1)(3), 122.61] or state statute. Version 1110912011 NPDES Permit Standard Conditions Page 11 of 18 iitoring Reports Monitoring results shall be reported at the intervals specified elsewhere in this permit [40 CFR 122.41(1)(4)]. a. Monitoring results must be reported on a Discharge Monitoring Report (DMR) (See Part II.D.2) or forms provided by the Director for reporting results of monitoring of sludge use or disposal practices. b. If the Permittee monitors any pollutant more frequently than required by this permit using test procedures approved under 40 CFR Part 136 and at a sampling location specified in this permit or other appropriate instrument governing the discharge, the results of such monitoring shall be included in the calculation and reporting of the data submitted on the DMR. 6. Twenty-four Hour Reportiniz 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. 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 11 NPDES Permit Standard Pal Penalties for Falsification of Reports The CWA provides that any person who knowingly makes any false statement, representation, or certification in any record or other document submitted or required to be maintained under this permit, including monitoring reports or reports of compliance or noncompliance shall, upon conviction, be punished by a fine of not more than $25,000 per violation, or by imprisonment for not more than two years per violation, or by both [40 CFR 122.41]. 12. Annual Performance Reports Permittees who own or operate facilities that collect or treat municipal or domestic waste shall provide an annual report to the Permit Issuing Authority and to the users/customers served by the Permittee (NCGS 143-215.1C). The report shall summarize the performance of the collection or treatment system, as well as the extent to which the facility was compliant with applicable Federal or State laws, regulations and rules pertaining to water quality. 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 1110912011 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 NPDES Permit Standard Pal 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 maybe 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 NPDES Permit Standard Conditions Page 15 of 18 'Ws must provide adequate notice to the Director of the following [40 CFR 122.42(b)]: 1. Any new introduction of pollutants into the POTW from an indirect discharger, regardless of the means of transport, which would be subject to section 301 or 306 of CWA if it were directly discharging those pollutants; and 2. Any substantial change in the volume or character of pollutants being introduced by an indirect discharger as influent to that POTW at the time of issuance of the permit. 3. For purposes of this paragraph, adequate notice shall include information on (1) the quality and quantity of effluent introduced into the POTW, and (2) any anticipated impact that may result from the change of the quantity or quality of effluent to be discharged from the POTW. Section C. Municipal Control of Pollutants from Industrial Users. 1. Effluent limitations are listed in Part I of this permit. Other pollutants attributable to inputs from Industrial Users discharging to the POTW may be present in the Permittee's discharge. At such time as sufficient information becomes available to establish limitations for such pollutants, this permit may be revised to specify effluent limitations for any or all of such other pollutants in accordance with best practicable technology or water quality standards. 2. Prohibited Discharges a. The Permittee shall develop and enforce their Pretreatment Program to implement the prohibition against the introduction of pollutants or discharges into the waste treatment system or waste collection system which cause or contribute to Pass Through or Interference as defined in 15A NCAC 02H .0900 and 40 CFR 403. [40 CFR 403.5(a)(1)] b. The Permittee shall develop and enforce their Pretreatment Program to implement the prohibitions against the introduction of the following wastes in the waste treatment or waste collection system [40 CFR 403.5(b)]: (1) Pollutants which create a fire or explosion hazard in the POTW, including, but not limited to, wastestreams with a closed cup flashpoint of less than 140 degrees Fahrenheit or 60 degrees Centigrade using the test methods specified in 40 CFR 261.21; (2) Pollutants which cause corrosive structural damage to the POTW, but in no case discharges with pH lower than 5.0, unless the works is specifically designed to accommodate such discharges; (3) Solid or viscous pollutants in amounts which cause obstruction to the flow in the POTW resulting in Interference; (4) Any pollutant, including oxygen demanding pollutants (BOD, etc.) released in a Discharge at a flow rate and/or pollutant concentration which will cause Interference with the POTW; (5) Heat in amounts which will inhibit biological activity in the POTW resulting in Interference, but in no case heat in such quantities that the temperature at the POTW Treatment Plant exceeds 40°C (104°F) unless the Division, upon request of the POTW, approves alternate temperature limits; (6) Petroleum oil, non -biodegradable cutting oil, or products of mineral oil origin in amounts that will cause Interference or Pass Through; (7) Pollutants which result in the presence of toxic gases, vapors, or fumes within the POTW in a quantity that may cause acute worker health and safety problems; or (8) Any trucked or hauled pollutants, except at discharge points designated by the POTW. c. The Permittee shall investigate the source of all discharges into the POTW, including slug loads and other unusual discharges, which have the potential to adversely impact the Permittee's Pretreatment Program and/or the operation of the POTW, The Permittee shall report such discharges into the POTW to the Director or the appropriate Regional Office. Any information shall be provided orally within 24 hours from the time the Permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the Permittee becomes aware of the circumstances. The written submission shall contain a description of the discharge; the investigation into possible sources; the period of the discharge, including exact dates and times; if the discharge has not ceased, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance, Version 1110912011 NPDES Permit Standard ConditiM Page 16 of 1 3. With regard to the effluent requirements listed in Part I of this permit, it may be necessary for the Permittee to supplement the requirements of the Federal Pretreatment Standards (40 CFR, Part 403) to ensure compliance by the Permittee with all applicable effluent limitations. Such actions by the Permittee may be necessary regarding some or all of the industries discharging to the municipal system. 4. The Permittee shall require any Industrial User (IU) discharging to the POTW to meet Federal Pretreatment Standards developed under Section 307(b) of the Act as amended (which includes categorical standards and specific local limits, best management practices and narrative requirements). Prior to accepting wastewater from any Significant Industrial User (SIU), the Permittee shall either develop and submit to the Division a new Pretreatment Program or, as necessary, a modification of an existing Pretreatment Program, for approval as required under section D below as well as 15A NCAC 02H .0907(a) and (b). [40 CFR 122.440)(2)] 5. This permit shall be modified, or alternatively, revoked and reissued, to incorporate or modify an approved POTW Pretreatment Program or to include a compliance schedule for the development of a POTW Pretreatment Program as required under Section 402 (b)(8) of the CWA and implementing regulations or by the requirements of the approved State pretreatment program, as appropriate. Section D. Pretreatment Programs Under authority of sections 307 (b) and (c) and 402(b)(8) of the CWA and implementing regulations 40 CFR 403, North Carolina General Statute 143-215.3(14) and implementing regulations 15A NCAC 02H .0900, and in accordance with the approved pretreatment program, all provisions and regulations contained and referenced in the pretreatment program submittal are an enforceable part of this permit. [40 CFR 122.440)(2)] The Permittee shall operate its approved pretreatment program in accordance with Section 402(b)(8) of the CWA, 40 CFR 403, 15A NCAC 02H .0900, and the legal authorities, policies, procedures, and financial provisions contained in its pretreatment program submission and Division approved modifications thereof. Such operation shall include but is not limited to the implementation of the following conditions and requirements. Terms not defined in Part Il or Part IV of this permit are as defined in 15A NCAC 02H .0903 and 40 CFR 403.3. 1. Sewer Use Ordinance (SUO) The Permittee shall maintain adequate legal authority to implement its approved pretreatment program. [15A NCAC 02H .0903(b)(32), .0905 and .0906(b)(1); 40 CFR 403.8(f)(1) and 403.9(b)(1) and (2)] 2. Industrial Waste Survey (IWS) The Permittee shall implement an IWS consisting of the survey of users of the POTW collection system or treatment plant, as required by 40 CFR 403.8(f)(2)(i-iii) and 15A NCAC 02H .0905 [also 40 CFR 122.440)(1)], including identification of all Industrial Users that may have an impact on the POTW and the character and amount of pollutants contributed to the POTW by these Industrial Users and identification of those Industrial Users meeting the definition of SIU. Where the Permittee accepts wastewater from one or more satellite POTWs, the IWS for the Permittee shall address all satellite POTW services areas, unless the pretreatment program in those satellite service areas is administered by a separate Permittee with an approved Pretreatment Program. The Permittee shall submit a summary of its IWS activities to the Division at least once every five years, and as required by the Division. The IWS submission shall include a summary of any investigations conducted under paragraph C.2.c. of this Part. [15A NCAC 02H .0903(b)(13), .0905 and .0906(b)(2); 40 CFR 403.8(f)(2) and 403.91 3. Monitoring Plan The Permittee shall implement a Division -approved Monitoring Plan for the collection of facility specific data to be used in a wastewater treatment plant Headworks Analysis (HWA) for the development of specific pretreatment local limits. Effluent data from the Plan shall be reported on the DMRs (as required by Parts II.D and II.E.5.). [15A NCAC 02H .0903(b)(16), .0906(b)(3) and .0905] 4. Headworks Analysis (HWA) and Local Limits The Permittee shall obtain Division approval of a HWA at least once every five years, and as required by the Division. Within 180 days of the effective date of this permit (or any subsequent permit modification) the Permittee shall submit to the Division a written technical evaluation of the need to revise local limits (i.e., an updated HWA or documentation of why one is not needed) [40 CFR 122.44]. The Permittee shall develop, in accordance with 40 CFR 403.5(c) and 15A NCAC 02H .0909, specific Local Limits to implement the prohibitions listed in 40 CFR 403.5(a) and (b) and 15A NCAC 02H .0909. Pursuant to 40 CFR 403.5, local limits are Version 1110912011 NPDES Permit Standard Conditions Page 17 of 18 arceable Pretreatment Standards as defined by 40 CFR 403.3(1). [15A NCAC 02H .0903(b)(10), .0905, and .0906(b)(4)] 5. Industrial User Pretreatment Permits (IUP) & Allocation Tables In accordance with NCGS 143-215.1, the Permittee shall issue to all Significant Industrial Users, permits for operation of pretreatment equipment and discharge to the Permittee's collection system or treatment works. These permits shall contain limitations, sampling protocols, reporting requirements, appropriate standard and special conditions, and compliance schedules as necessary for the installation of treatment and control technologies to assure that their wastewater discharge will meet all applicable pretreatment standards and requirements. The Permittee shall maintain a current Allocation Table (AT) which summarizes the results of the HWA and the limits from all IUPs. Permitted IUP loadings for each parameter cannot exceed the treatment capacity of the POTW as determined by the HWA. [15A NCAC 02H .0906(b)(6), .0909, .0916, and .0917; 40 CFR 403.5, 403.8(f)(1)(iii); NCGS 143-215.67(a)] 6. Authorization to Construct (AtQ The Permittee shall ensure that an Authorization to Construct permit (AtQ is issued to all applicable Industrial Users for the construction or modification of any pretreatment facility. Prior to the issuance of an AtC, the proposed pretreatment facility and treatment process must be evaluated for its capacity to comply with all Industrial User Pretreatment Permit (IUP) limitations. '[15A NCAC 02H .0906(b)(7) and .0905; NCGS 143- 215. 1 (a)(8)] 7. POTW Inspection & Monitoring of their IUs The Permittee shall conduct inspection, surveillance, and monitoring activities as described in its Division approved pretreatment program in order to determine, independent of information supplied by Industrial Users, compliance with applicable pretreatment standards. [15A NCAC 02H .0908(e); 40 CFR 403.8(f)(2)(v)] The Permittee must: a. Inspect all Significant Industrial Users (SIUs) at least once per calendar year; b. Sample all Significant Industrial Users (SIUs) at least once per calendar year for all SIU permit -limited parameters including flow except as allowed under 15A NCAC .0908(e); and c. At least once per year, document an evaluation of any non -significant categorical Industrial User for compliance with the requirements in 40 CFR 403.3(v)(2), and either continue or revoke the designation as non- significant. 8. IU Self Monitoringaporting The Permittee shall require all Industrial Users to comply with the applicable monitoring and reporting requirements outlined in the Division -approved pretreatment program, the industry's pretreatment permit, or in 15A NCAC 02H .0908. [15A NCAC 02H .0906(b)(5) and .0905; 40 CFR 403.8(f)(1)(v) and (2)(iii); 40 CFR 122.440)(2) and 40 CFR 403.12] 9. Enforcement Response Plan (ERP) The Permittee shall enforce and obtain appropriate remedies for violations of all pretreatment standards promulgated pursuant to section 307(b) and (c) of the CWA (40 CFR 405 et. seq.), prohibitive discharge standards as set forth in 40 CFR 403.5 and 15A NCAC 02H .0909, specific local limitations, and other pretreatment requirements. All remedies, enforcement actions and other, shall be consistent with the Enforcement Response Plan (ERP) approved by the Division. [15A NCAC 02H .0903(b)(7), .0906(b)(8) and .0905; 40 CFR 403.8(f)(5)] 10. Pretreatment Annual Reports (PAR) The Permittee shall report to the Division in accordance with 15A NCAC 02H .0908. In lieu of submitting annual reports, Modified Pretreatment Programs developed under 15A NCAC 02H .0904 (b) 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 NPDES Permit Standard Pal NC DENR / Division of Water Quality / Surface Water Protection Section Pretreatment, Emergency Response, and Collection Systems (PERCS) Unit 1617 Mail Service Center Raleigh, North Carolina 27699-1617 These reports shall be submitted by March 1 of each year and shall contain the following: a. Narrative A narrative summary detailing actions taken, or proposed, by the Permittee to correct significant non- compliance and to ensure compliance with pretreatment requirements; b. Pretreatment Program Summary (PPS) A pretreatment program summary (PPS) on forms or in a format provided by the Division; c. Significant Non -Compliance Report (SNCR) A list of Industrial Users (IUs) in significant noncompliance (SNC) with pretreatment requirements, and the nature of the violations on forms or in a format provided by the Division; d. Industrial Data Summary Forms (IDSF) Monitoring data from samples collected by both the POTW and the Significant Industrial Users (SIUs). These analytical results must be reported on Industrial Data Summary Forms (IDSF) or on other forms or in a format provided by the Division; e. Other Information Copies of the POTW's allocation table, new or modified enforcement compliance schedules, public notice of IUs in SNC, a summary of data or other information related to significant noncompliance determinations for IUs that are not considered SIUs, and any other information, upon request, which in the opinion of the Director is needed to determine compliance with the pretreatment implementation requirements of this permit; 11. Public Notice The Permittee shall publish annually a list of Industrial Users (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. [15A 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 r1L i NYCRt}FlitiTe QtPALtYti' Certified Mail # 7012 1010 0002 1965 6577 Return Receipt Requested June 27, 2016 Tom Maholias, POA President Toxaway Falls POA Inc PO Box 270 Lake Toxaway, NC 28747-0270 SUBJECT: NOTICE OF VIOLATION Tracking Number: NOV-2016-LM-0042 Permit No. NCO052043 Toxaway Falls WWTP Transylvania County Dear Permittee: A review of the March 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 BOD, 5-Day (20 Deg. C) - 3/31/2016 30 35.25 Monthly- Average Exceeded Concentration (C0310) Monitoring Violation(s): Sample Monitoring Location Parameter Date Frequency Type of Violation 001 Effluent Flow, in conduit or thru treatment 3/30/2016 Continuous Frequency Violation plant (50050) State of North Carolina I Environmental Quality I Water Resources 2090 U.S. 70 Highway, Swannanoa, NC 28778 828-296-4500 Please refer to the latest letter titled "Electronic Reporting Requirements" dated March 31, 2016, concerning registering to use the Division's new a-DMR system for the completion and electronic submittal of monthly Discharge Monitoring Reports (DMRs). Your facility will be required to report your Discharge Monitoring Reports electronically by December 21, 2016. Remedial actions, if not already implemented, should be taken to correct any noted problems. The Division of Water Resources may pursue enforcement actions for this and any additional violations. If you have any questions concerning this matter, please contact 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 Ashevil e-Regional�Offi.cep=Enforcement-FiJe.- ^: NPDES Compliance/Enforcement Unit - Enforcement File Wesley Royal/ ORC G:\WR\WQ\Transylvania\Wastewater\Minors\Toxaway Falls 52043\NOV-2016-LM-0042.rtf 1W. _.� rI L r773 h� �;ii(JI.BI,JIitl Fv�!i#�C'1��SgtliFCBS ENV kFdblWOdE#ei`iii. 4£�4L4'YY �?Ecfy� Certified Mail # 7012 1010 0002 1965 6485 Return Receipt Requested June 24, 2016 Tom Maholias, POA President Toxaway Falls POA Inc PO Box 270 Lake Toxaway, NC 28747-0270 SUBJECT: NOTICE OF VIOLATION Tracking Number: NOV-2016-MV-0085 Permit No. NCO052043 Toxaway Falls WWTP Transylvania County Dear Permittee: A review of the February 2016 Discharge Monitoring Report (DMR) for the subject facility revealed the violation(s) indicated below: Monitoring Violation(s): Sample Monitoring Location Parameter Date Frequency Type of Violation 001 Effluent Chlorine, Total Residual (50060) 2/13/2016 2 X week Frequency Violation 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. Please refer to the latest letter titled "Electronic Reporting Requirements" dated March 31, 2016, concerning registering to use the Division's new e-DMR system for the completion and electronic submittal of monthly Discharge Monitoring Reports (DMRs) Your facility will be required to report your Discharge Monitoring Reports electronically by December 21, 2016. 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: WQS Asheville Regional Office - Enforcement File NPDES Compliance/Enforcement Unit - Enforcement File Wesley Royal/ ORC G:\WR\WQ\Transylvania\Wastewater\Minors\Toxaway Falls 52043\NOV-2016-MV-0085.rtf pppp, EFFL.UF,t,NT NPDES PERIVIIT-tW- T NCO052043 DISCIIAR�iE NO. -.001 MONFITI -MAY YEAR 2015 FACILITY NAME TOXAWAY FALLS VILLIAGE :CLASS 2 COUNTY TRANSYIVANIA CERTIFIED,11ABORATORV (1) ET S CERTIFICATION NO (2) (list additional laboratories on the backsi(ielpage 2 of this form) OPERATOR IN'RESPOINSIBLE-CHARGE . E (ORQ William Wesley Royal 'GRADE 3 CERTIFICAVON'NO. 13471 PFRSON(S),.COLLECTING. SAMPLES. Wes Royal ORCPHONF 828-884-9537 CHECK BOX IF ORCAAS CHANGED c j Ae") J NO FLOW /bISCIIARGE FROM SITE Mail OFIGINk]and ONE COPY to , �_ A-PN: CENTRAL 1711'Es 613012015 DIVLSIO OF WATER QUAUTV (SIGNATUROOF OPIMATOR rN RFC VONSIBIT� CHARGE) DATE i60PUAN SERVICE CENTER. RALEICH, NC 276994611 HYTHIS �SIGNATURF- ICERTIFYTOAT T kSREPORT IS - ACCURATE AND CONIPLE , 8ESTb0IV KNOWLEDGE., -vE T6TBT: X -7 / (� /-1 I-LUVI F. �FF INF C1Do ix 0 n W W W o 12 1415 1 Wt� F ; ; : "7 Y 1 0.002 ENTER, PARAMETER, CODE'ASOVE NAME AND UNITS BELOW o 4 Z uj 0 ILI W. 4 Z 6 0. 22 0 W W0 _3 M F_ < F_ of 0 I 1 18 1 840 1 0030 1 Y 1 '0.003 1 20 1 7 1 50 1 1 9.6 1 5.6 1 1 27 1 < 1 2 1 1 1 1 1 1 1 1 Al".ihij tiit I 0.01:1 1 6.019.0 1 28 1 36145 J645, I 30145 I , 200/400 1 'DWQ,Form MR-7 (11,104 F&,J, S7& - ----- - --- --- EFFLUENT NPDES PERNITI: NO NC-0052n43 --s— nhl I I .. I " I — -l". IVI'Myl MAY IV tiAK 2015 FACILITY NAME TOXAWAY FALLSNILLIAGE CLASS 2 COUNTY -TRANSYLVANIA URTWIETj lA00lUT0ft;v (I) E I S CERT.IFICAYION NO,(2) (Fist additional laboratorks° on the 6cksule/pagci of tbivroi*irH) OPERATOR IN RESPONSIBLE CIIARGF (OPC) Wifflarn Wesley Royal GRADE 3 CERTIFICATION NO. 13471 Wes.Royal. C PlION 828-,88479537. CIIECk- BOX WbRC HAS CHANGED L--j Mail ORIGINAL and ONE COPY to: NO:FILOIVV. t niscAARGE FROM sj-,rE ATrN;'lIJENTHALTJ[l:ES 1�) tvp/ W012015 DIVISION-OF,WATER i UAITV (SIGNATUTM Or OPERATOR IN RESPONSIBLE CHARGE). DATg 1'617 H, tVICr EVrt:R BY THIS SIGNATURE, I cERTjFy THATTITIS REFORT.18 R L lVIA7 9 A FIGH, %F. N '147 ACCURATE AND COMPLETE T0.369 OFST or MY KNMVI EDGE. .1 50050 60010, F 0041 FLOW E w -EFF —0 — El 'INF -0 w 0 00110 1 00610 OMO -316116' . .... 'ENTER PARAMETER CODE ABOVE, IWAE AND UNITS.BELOW 0 2 END: W'd - - - --------- 150 t'3 rr O.O.n- 'A I.- f -' 0j e 17, 4% z 4 11 :925 1 0035. 1 >0' 1 15. 1 7: 1 1 <$O V< I , 2. 1 2.2 ] I [ 20, 1' 1 -V 1. I I I I I I I I 0� 'y' Y, -0,003 26 1 905 1 002'5 1 Y1 0,603 - 1 20 1 7 1 130 11 7,6 I 1 1 j2 1 -1 2 1 1 1 1 1 1 1 1 �20, DWO Foftn'MR"'l (I IM.4) From: Sent: To: Subject: Attachments: wes royal <wesroyal@hotmail.com> Tuesday, October 27, 2015 2:48 PM Cantwell, Janet NOV FOR TOXAWAY FALLS #NOV-2015-LV-0676 toxaway falls dmr for may NOV for 2015.pdf JANET FOUND THE PROBLEM ON THE DMR FLOW I PUT 2 INSTEAD OF .002 FOR MAY 4,2015 WHICH MADE THE MONTHLY AVERAGE EXCEED THE LIMIT. THAN KS WES ROYAL 828-506-5572 1 Pat McCrory Governor North Carolina Department of Environment and Natural Resources Division of Water Quality Charles Wakild, P.E. John E. Skvarla III Director Secretary February 19, 2013 Mr. Tom Maholias, POA President Toxaway Falls POA Inc P.O. Box 270 Lake Toxaway, NC 28747-0270 SUBJECT: Compliance Evaluation Inspection Toxaway Falls WWTP Permit No: NCO052043 Transylvania County Dear Mr. Maholias: Enclosed please find a copy of the Compliance Evaluation Inspection conducted on January 24, 2013. No violations of permit requirements or applicable regulations were observed during this inspection. The facility appeared to be in compliance with permit NC0052043. Please refer to the enclosed inspection report for additional observations and comments. If you or your staff have any questions, plea§q call me at 828-296-4500. Sincerely, Jeff MexSzel Environmental Specialist Enclosure cc: Central Files � rs7 rhTev fl Fes 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.ncwaterauality.org C:\Documents and Settings\jbmenzel\My Documents\52043 CEI 01-24-2013.docx NorthCarolina Naturally United States Environmental Protection Agency EPA/� Washington, D.C. 20460 Form Approved. OMB No. 2040-0057 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 3I NCO052043 111 121 13/01/24 117 181 C I 19I S I 20II Remarks 211IIIIIIIIIIIIIIIIIIIIIIIIIIIIII11111111111111 Lj6 Inspection Work Days Facility Self -Monitoring Evaluation Rating B1 QA -- -- — ------Reserved-------- --------- 671 169 70131 71 I I 72 I N I 73' I 174 751 I I I I I I 180 �__I__I Section B: Facility Data Name and Location of Facility Inspected (For Industrial Users discharging to POTW, also include POTW. name and NPDES permit Number) Entry Time/Date Permit Effective Date Toxaway Falls WWTP 02:30 PM 13/01/24 12/11/01 Exit Time/Date Permit Expiration Date Toxaway River Rd Lake Toxaway NC 28747, 03:30 PM 13/01/24 17/08/31 Name(s) of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data Name, Address of Responsible Official/Title/Phone and Fax Number Contacted Wesley Royal,PO Box 636 Rosman NC 28772//828-506-5572/ No Section C: Areas Evaluated During Inspection (Check only those areas evaluated) Flow Measurement Operations & (Maintenance N Facility Site Review Effluent/Receiving Waters Section D: Summary of Finding/Comments Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s) and Signature(s) of spector(s) Agency/Office/Phone and Fax Numbers Date Jeff Menzel ARO WQ//828-296-4500/ Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date EPA Form 3560-3 (Rev 9-94) Previous editions are obsolete. Page # 1 NPDES yr/mo/day Inspection Type 3I NCO052043 111 12, 13/01/24 117 18I C Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) This was an unannounced inspection. All parts of the treatment unit appeared to be working properly. No violations of permit requirements or applicable regulations were observed during this inspection. Page # 2 Permit: NCO052043 m Date: 01/24/2013 Owner - Facility: Toxaway Falls WWTP Inspection Type: Compliance Evaluation Operations $ Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? ■ .0 ❑ ❑ . Does the facility analyze process control parameters, for ex: MLSS, MCRT, Settleable Solids, pH, DO, Sludge 0 ❑ 0 ■ Judge, and other that are applicable? Comment: Aeration Basins Yes No NA NE Mode of operation Ext. Air Type of aeration system Diffused Is the basin free of dead spots? ■ n n n Are surface aerators and mixers operational? 0 ❑ IN Are the diffusers operational? ■ ❑ ❑ ❑ Is the foam the proper color for the treatment process? IN ❑ 00 Does the foam cover less than 25% of the basin's surface? ■ 0 ❑ Q . Is the DO level acceptable? 0 ❑ ❑ ■ Is the DO level acceptable?(1.0 to 3.0 mg/1) ❑ ❑ ❑ ■ Comment: Secondary Clarifier Yes No NA NE Is the clarifier free of black and odorous wastewater? ■ ❑ 0 ❑ Is the site free of excessive buildup of solids in center well of circular clarifier? ❑ ❑ IN Q Are weirs level? ■ I] 0 0 Is the site free of weir blockage? IN n O n Is the site free of evidence of short-circuiting? ■ 0 f,] n Is scum removal adequate? ■ ❑ ❑ 0 Is the site free of excessive floating sludge? ■ Q [I Is the drive unit operational? 0 0 ■ 0 Is the return rate acceptable (low turbulence)? 1-1 n 0 ■ Is the overflow clear of excessive solids/pin floc? ■ ❑ 0 11 Is the sludge blanket level acceptable? (Approximately '/< of the sidewall depth) ❑ Q 0 ■ Comment: Disinfection -Tablet Yes No NA NE Are tablet chlorinators operational? ■ n n n Page # 3 Permit: NC0052043 Inspection Date: 01/24/2013 Disinfection -Tablet Are the tablets the proper size and type? Number of tubes in use? Is the level of chlorine residual acceptable? Is the contact chamber free of growth, or sludge buildup? Is there chlorine residual prior to de -chlorination? Comment: De -chlorination Owner - Facility: Toxaway Falls WWTP Inspection Type: Compliance Evaluation Type of system ? Is the feed ratio proportional to chlorine amount (1 to 1)? Is storage appropriate for cylinders? # Is de -chlorination substance stored away from chlorine containers? Comment: Are the tablets the -proper size and type? Are tablet de -chlorinators operational? Number of tubes in use? Comment: Yes No NA NE Yes No NA NE ■nnn ■nnn 4 Page # 4 !rdu 4 NC E R North Carolina Department of EnVkonrnent and Natural Resources Division of Water Quality e Charles Wakild, P.E. Dee Freeman Director Secretary March 7, 2012 WESLEY ROYAL OPERATIONS MANAGER TOXAWAY FALLS POA INC PO BOX 778 PISGAH FOREST NC 28768 Subject: Receipt of permit renewal application NPDES Permit NCO052043 Toxaway Falls POA, Inc. WWTP Transylvania County Dear Mr. Royal: The NPDES Unit received your permit renewal application on March 7, 2012. A member of the NPDES Unit will review your application. They will contact you if additional information is required to complete your permit renewal. You should expect to receive a draft permit approximately 30-45 days before your existing permit expires. If you have any additional questions concerning renewal of the subject permit, please contact Bob Guerra at (919) 807-6387. Sincerely, Dina Sprinkle Point Source Branch cc: CENTRAL FILES VA eu i i Z.IR-gIM @)Offfrc-ve/Surface Water Protection NPDES Unit 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 Phone: 919-807-63001 FAX: 919-807-6492 Internet: www.rlcwaterquality.org An Equal Opportunity 1 Affirmative Action Employer r-� MAR - 9 2012 WATER QUALITY SECTION ASHEVILLE REGIONAL OFFICE Nne orthCarolina TOXAWAY FALLS POA NCO052043 Renewal Permit Mrs. Sprinkle I'm requesting the renewal ofToxaway Falls WW permit. 1. 3 copies for request of renewal 2. Wesley Royal Operations Manager for Toxaway Falls POA 3. Sludge management for the wastewater plant is pump and go. The sludge is pumped by a local pump truck and hauled to city of Brevard, for processing. If you have any questions please give me a call. Wesley Royal Cell 828-506-5572 Fax 828-884-9537 T" MAR _ 9 2012 _ ` WATER 6UAUTY ,, ASHEVILE f�Fr-,IO ' OTiOi L�) . _ SAL O FFFIOF LD o F Q MAR - 7 2012 i im-rDES APPLICATION - FORM D` .tely 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 CO052043 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 TOXAWAY FALLS POA TOXAWAY FALLS POA PO BOX 778 PISGAH FOREST NORTH CAROLINA, 28768 828 884 9537 828-884-9537 wesroyal@hotmail.com hotmail.com 2. Location of facility producing discharge: Check here if same address as above ❑ Street Address or State Road TOXAWAY FALLS RIVER RD City LAKE TOXAWAY State / Zip Code NORTH CAROLINA, 28747 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 WILLIAM WESLEY ROYAL Mailing Address City State / Zip Code Telephone Number Fax Number PO BOX 778 PISGAH FOREST NORTH CAROLINA, 28768 (828)884-9537 1 of 4 Form-D 05/08 NPDES(APPLICATION - FORM D Irorrivately owned treatment systems treating 100% domestic wastewaters <1.0 MGD 4. Description of wastewater: Facility Generating Wastewater(check all that apply): Industrial ❑ .. Number of Employees Commercial X Number of Employees. 4 Residential X Number of Homes 23 School ❑ Number of Students/Staff Other ❑ Explain: Describe the source(s) of wastewater (example: subdivision, mobile home park, shopping centers; restaurants; etc.): 4CONDOS, 2 RESIDENTAL HOMES, 1 GIFT SHOP, 1 RESTURANT Population served: 90 5. Type of collection system X Separate (sanitary sewer only) ❑ Combined, (storm sewer and sanitary sewer) 6. Outfall Information: Number of separate. discharge points 001 Outfall Identification number(s) CLASS 2 Is the outfall equipped with a diffuser? ❑. Yes X No 7. Name of receiving streams) (Provide a map.showing.the exact location of each outfall): TOXA WAY RIVER 8. Frequency of Discharge: X Continuous ❑ Intermittent If intermittent: Days per week discharge occurs: 7 Duration: 365 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. 10,000 GAL ACTIVATED TREATMENT PLANT 2 of 4 Form-D 05l08 119PDES APPLICATION - FORM privately owned treatment systems treating 100% domestic wastewaters <1.0 MGD 10. Flow Information: Treatment Plant Design flow .010 MGD Annual Average daily flow .0025 MGD (for the previous 3 years) Maximum daily flow .0035 MGD (for the previous 3 years) 11. Is this facility located on Indian country? ❑ Yes .X No 12. Effluent Data Provide data for the parameters listed. Fecal Coliform, Temperature andpHshall be grab samples, for all other parameters 24-hour composite sampling shall be used. If more than one analysis is reported, report daily maximum - and monthly average. If only one analysis is reported, report as daily maximum. Parameter Daily Maximum Monthly Average Units of Measurement Biochemical Oxygen Demand (BODs) 7.2 Mg/l Fecal Coliform < 1 < 1 Mg/1 Total Suspended Solids 17 12 Mg/l Temperature (Summer) 23 20:5 C Temperature (Winter) 6 4.5 C pH 7.2 7.0 _____rSU 13. List all permits, construction approvals and/or applications: Type Permit Number Type Permit Number Hazardous Waste (RCRA) n/a NESHAPS (CAA) n/a UIC (SDWA) n/a Ocean Dumping (MPRSA) n/a NPDES NCO052043 Dredge or fill (Section 404 or CWA) n/a PSD (CAA) n/a Other n/a Non -attainment program (CAA) n/a 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. WESLEY ROYAL OPERATIONS MANAGER Printed name of Perso5,Signing Title 2/2 Date North Carolina General Statute 143-215.6 (b)(2) states: Any person who knowingly makes any false statement representation, or certification in any application, record, report, plan, or other document files or required to be maintained under Article 21 or regulations of the Environmental Management Commission implementing that Article, or who falsifies, tampers with, or knowingly renders inaccurate any recording or monitoring device or method required to be operated or maintained under Article 21 or regulations of the Environmental Management Commission implementing that Article, shall be 3of4 Form-D 05/08 Pat McCrory Governor A= NCDENR nt of Environment and Natural Resources DiAsion of Water Resources DEC 1 q 2013 DWQ/Surface `Vatcr "; otcction Section Asheville 12egional Office Mr. Tom Maholias, POA President's Toxaway Falls POA Inc. " P.O. Box 270 Lake Toxaway, North Carolina 28747-0270 Dear Mr. Maholias: 3ter Quality Programs Thomas A. Reeder Director December 11, 2013 Subject: NO TICE OF VIOLATION NOV-2013-MV-0107 Permit No. NCO052043 Toxaway Falls WWTP Transylvania County John E. Skvarla, III Secretary A review of Toxaway Falls WWTP's monitoring report for August 2013 showed the following violation: ' Parameter Date Measuring Frequency ' Violation Flow, in conduit or thru treatment plant 08/31/2013 Continuous Failure to Monitor It was also noted that the Compliance box on the back of the DMR was marked "Compliant" when in fact it should have been marked "Non -Compliant" with an explanation for the non-compliance. If the above parameter was left off inadvertently, please send an amended DMR within 10 business days of receipt of this letter to Raleigh at the address found on the front page of your DMR and also a copy to this office. Remedial actions should be taken to correct this.problem. The Division of Water Resources may pursue enforcement action for this and any additional violations of State law. If you should have any questions, please do not hesitate to contact Janet Cantwell or me at 828/296-4500. Sincerely--� G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations cc: WQ Asheville Files WQ Central Files /es ey`Roya1A'QR'C. �:Z, G:\WQ\SWP\Transylvania\Wastewater\Minors\Toxaway Falls 52043\NOV-2013-MV-0107.doc Water Quality Regional Operations — Asheville Regional Office 2090 U.S. Highway 70, Swannanoa, North Carolina 28778 Phone: (828) 2964500 FAX: (828) 299-7043 Internet: http://portal,ncdenr.org/web/wq/ws An Equal Opportunity/ Affirmative Action Employe ROYAL WATER WORKS, Inc. PO Box 778, Pisgah Forest, NC 28768 828-884-9537 — 828-506-5572 NOTICE; 12/13/2013 NPDES # NCO052043 Toxaway Falls WWTP This letter is to inform you I have amended August 2013 DMR for flow August 31,2013 and time at plant on August 12,2013. 1 have mailed amended copies to central files. Have any questions give me a call. if .1 1 William Wesley Royal ORC EFFLUENT ES PERMIT NO NCO052043 DISCHARGE NO. 001 MONTH AUGUST YEAR 2013 FACILITY NAME TOXAWAY FALLS VILLIAGE CLASS .2 COUNTY TRANSYLVANIA CERTIFIED LABORATORY (1) ROYAL WATER WORKS CERTIFICATION NO (2) ETS (list additional laboratories on the backside/page 2 of this form) OPERATOR IN RESPONSIBLE CHARGE (ORC) William Wesley Royal GRADE 3 CERTIFICATION NO. 13471 PERSON(S) COLLECTING SAMPLES Wes Royal ORC PHONE 828-884-9537 CIIECK BOX IF ORC HAS CHANGED NO FLOW / DISCHARGE FROM SITE Mail ORIGINAL and ONE COPY to: ATTN: CENTRAL FILES rt/ f ✓ ` "-'^^-'----�•--- 9/2812013 DIVISION OF WATER QUALITY (SIGNATUR' FO -RATOR IN RESPONSIBLE CHARGE) DATE 1617 MAIL SERVICF, CF,NTER RALF,IGII NC 27C99-0GI7 BY THIS SIGNATURE, 1 CERTIFY TIIATTIIIS REPORT IS ACCURATE AND COMPLETE TO THE BEST OF MY KNOWLEDGE. E v EFF ❑ w k7 c 1-:0 y INF ❑ S`a O C >-w ON O a J F.. 0 �U w 0 0.002 <25 Z O• '� m UZwU' 0 JOuj j JR'f 00 Pa-W� V 0u CO N M F- 0 on w LL D E aZ �� r,0 ENTER PARAMETER CODE ABOVE NAME AND UNITS BELOW o��� 111 ����llllllllll��a�lll!•�������I , 1 eel ®tee©e■■s■■■■■��■■■■■■■ e P e I P e ee se IP DWO Form MR-1 (11/04 ) i NCDENR North Carolina Department of Environment and Natural Resources Division of Water Resources Water Quality Programs Pat McCrory Thomas A. Reeder Governor Director December 11, 2013 Mr. Tom Maholias, POA President Toxaway Falls POA Inc. P.O. Box 270 Lake Toxaway, North Carolina 28747-0270 Subject: NOTICE OF VIOLATION NOV-2013-MV-0107 Permit No. NCO052043 Toxaway Falls WWTP Transylvania County Dear Mr. Maholias: John E. Skvarla, III Secretary A review of Toxaway Falls WWTP's monitoring report for August 2013 showed the following violation: Parameter Date Measuring Frequency Violation Flow, in conduit or thru treatment plant 08/31/2013 Continuous Failure to Monitor It was also noted that the Compliance box on the back of the DMR was marked "Compliant" when in fact it should have been marked "Non -Compliant" with an explanation for the non-compliance. If the above parameter was left off inadvertently, please send an amended DMR within 10 business days of receipt of this letter to Raleigh at the address found on the front page of your DMR and also a copy to this office. Remedial actions should be taken to correct this problem. The Division of Water Resources may pursue enforcement action for this and any additional violations of State law. If you should have any questions, please do not hesitate to contact Janet Cantwell or me at 8281296-4500. Sincerer G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations WQ Central Files Wesley Royal/ ORC G:\WQ\SWP\Transylvania\Wastewater\Minors\Toxaway Falls 52043\NOV-2013-MV-0107.doc Water Quality Regional Operations — Asheville Regional Office 2090 U.S. Highway 70, Swannanoa, North Carolina 28778 Phone: (828) 296-4500 FAX: (828) 299-7043 Internet: http://portal.nedenr.org/web/wq/ws An Equal Opportunity/ Affirmative Action Employer Beverly Eaves Perdu Governor AiA NC®ENR MAY ®9 2012 North Carolina Department of Environment and N''t ral esources Division of Water Quality J „ _ WATER. QUALITY SECTION e Charles Wakild, P.E. 'r ` A°HEVILLE REaior.A� n Director �n J n. . ....5. fiP1Jr�: .. f ;-S•ebr6tary-_ :L'i:.., e�4'. ...e.r. ..x.:.'•.1 .�<al.r l.. t.Ct••J..r;t..x......e.s:.r5:`a.•,Yv.'c'1f�..Sn.n..t�— May 3, 2012 Mr. Tom Maholias, POA President Toxaway Falls POA Inc. P.O .Box 270 Lake Toxaway, North Carolina 28747-0270 Subject: NOTICE OF VIOLATION NOV-2012-MV-0028 Permit No. NCO052043 Toxaway Falls POA Inc. WWTP Transylvania County Dear Mr. Maholias: A review of Toxaway Falls POA Inc. WWTP's monitoring report for October 2011 showed the following violations: Parameter Date Measuring Frequency Violation Chlorine, Total Residual Week ending 10/08/2011 2 X /week Failure to Monitor Chlorine, Total Residual Week ending 10/15/2011 2 X /week Failure to Monitor Chlorine, Total Residual Week ending 10/22/2011 2 X /week Failure to Monitor Chlorine, Total Residual Week ending 10/29/2011 2 X /week Failure to Monitor It was also noted that the Compliance box on the back of the DMR was marked "Compliant" when in fact it should have been marked "Non -Compliant" with an explanation for the non-compliance. If the above parameterwas left off inadvertently, please send an amended DMR within 10 business days of receipt of this letter to Raleigh at the address found on the front page of your DMR and also a copy to this office. Remedial actions should be taken to correct this problem. The Division of Water Quality may pursue enforcement action for this and any additional violations of State law. If you should have any questions, please do not hesitate to contact Janet Cantwell or me at 828/296-4500. Sincerely, Chuck Cranford, Regional Supervisor Surface Water Protection Section cc: DWQ Asheville Files DWQ Central Files S:\SWP\TransylvanialWastewater\Minors\Toxaway Falls 52043\NOV-2012-MV-0028.doc North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, N.C. 28778 Phone(828)296-4500 Internet: www.ncwaterguality.org FAX (828)299-7043 NortKzuolim ,VaiurallIf NCDENR North Carolina Department of Environment and Natural Resources Beverly Eaves Perdue Governor Division of Water Quality Charles Wakild, P.E. Dee Freeman Director Secretary May 3, 2012 Mr. Tom Maholias, POA President Toxaway Falls POA Inc. P.O. Box 270 Lake Toxaway, North Carolina 28747-0270 Subject: NOTICE OF VIOLATION NOV-2012-LM-0021 Permit No. NCO052043 Toxaway Falls POA Inc. WWTP Transylvania County Dear Mr. Maholias: A review of Toxaway Falls POA Inc. WWTP's monitoring report for September 2011 showed the following violations: Parameter Date Limit Value Reported Value Limit Type Solids, Total Suspended - Concentration 09/20/2011 45 mg/I 52 mg/I Daily Maximum Exceeded Parameter Date Measuring Frequency Violation Chlorine, Total Residual Week ending 09/03/2011 2 X /week Failure to Monitor (If the above parameter for Chlorine was left off inadvertently, please send an amended DMR within 10 business days of receipt of this letter to Raleigh at the address found on the front page of your DMR and also a copy to this office.) Remedial actions, if not already implemented, should be taken to correct any problem. Since the comments section on the reverse of the relevant DMR provided an adequate explanation for the Total Suspended Solids violation, it is not requested that a response be submitted. The Division of Water Quality may pursue enforcement action for this and any additional violations of State law. If you should have any questions, please do not hesitate.to contact Janet Cantwell or me at 828/296-4500. Sincerely, fW'- Chuck Cranford, Regional Supervisor Surface Water Protection Section cc: DWQ Asheville Files DWQ Central Files SASWP\Transylvan ia\WastewaterWlinors\Toxaway Falls 52043\NOV-2012-1-M-0021.doc North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, N.C. 28778 Phone(828)296-4500 Intarnet- www ncwateraualitv.ora FAX (828)299-7043 No'AhCarolina Aaiwrally ROYAL WATER WORKS, Inc. PO Box 778, Pisgah Forest 8 828-884-9537 828-506-5572 NOTICE OF VILATION; 5/8/2012 TOXAWAY FALLS VILLAGE NPDES # NCO052043 September DMR NOV on TSS was due to plant upset resamples where made 9/23/2011 and 9/24/2011. Corrections and adjustments made. Also a c12 was taken on 9/2/2011, it was left out. Amended roport has been sent. October DMR NOV for chlorine was not entered on the DMR but is recorded on the log book. This correction has been made, and amended report has been sent. 10/7,9,15,23,29/2011. If you have any further questions please give me a call. W William Wesley Royal ORC •��� �`� EFFLUENT PPYER NO NCOO52O43 DISCHARGE NO. 001 ME TOXAWAY FALLS VILLIAGE CLASS CERTIFIED LABORATORY (1) E T S CERTIFICATION NO (2) (list additional laboratories on the backside/page 2 of this form) OPERATOR IN RESPONSIBLE CHARGE (ORC) William Wesley Royal PERSON(S) COLLECTING SAMPLES Wes Royal CHECK BOX IF ORC HAS CHANGED Mail ORIGINAL and ONE COPY to: ATTN: CENTRAL FILES DIVISION OF WATER QUALITY 1617 MAIL SERVICE CENTER RALEIGH, NC 27699-1617 MONTH SEPTEMBER YEAR 2011 2 COUNTY TRANSYLVANIA GRADE 3 CERTIFICATION NO. 13471 ORC PHONE 828-884-9537 (SIGNATIORF/OF OPERATOR IN RESPONSIBLMIARGE) BY THIS SIGN URE, I CERTIFY THATTHIS REPORT IS ACCURATE AND COMPLETE TO THE BEST OF MY KNOWLEDGE. NO FLOW / DISCHARGE FROM SITE 7-1 1013112011 DATE - --- - - 1 11 1 I I• I I I I 1 1 1 1 I I I 1 1 1 ®lllllllllllll■IIIIIIIIIIIIIIII1-IIIIIIIIIIIII■IIIIIIIIIIIIIII,�i - •ENTER ® •- ' PARAMETER CODE ABOVE NAME AND UNITS BELOW ■ ® I. ,� , ®• •, ®®®■■®ems■®®®®®®®® ®e 1/ I ®I I, �®e■e■■ce®®®®■®®® ®tee® I �� ®®�■®®■■■�■®®®®®® 111 ®®tee®tee®e®®®■®®®® 111 m®�ea�■ae■■■■■■■■ Monthly Lhuit 1 1 ■ 1 1 ���� I I' 1 1 ■■■■■■■ DWO Form MR-1 (11l04 ) �1 1°4 `t EFFLUENT S PERMIT NO NCO052043 DISCHARGE NO. 001 MONTH OCTOBER YEAR 2011 PACILITY NAME TOXAWAY FALLS VILLIAGE CLASS 2 COUNTY TRANSYLVANIA CERTIFIED LABORATORY (1) E T S CERTIFICATION NO (2) (list additional laboratories on the backside/page 2 of this form) OPERATOR IN RESPONSIBLE CHARGE (ORC) William Wesley Royal GRADE 3 CERTIFICATION NO. 13471 PERSON(S) COLLECTING SAMPLES Wes Royal ORC PHONE 828-884-9537 CHECK BOX IF ORC HAS CHANGED NO FLOW / DISCHARGE FROM SITE Mail ORIGINAL and ONE COPY to: ATTN: CENTRAL FILES 11/29/2011 DIVISION OF WATER QUALITY (SIGNA R O1S ERA R [N R SP_ONSIBLE CHARGE) DATE 1617 MAIL SERVICE CENTER BY THIS SIGNATURE, I CERTIFY THAT THIS REPORT IS r J I RALEIGH, NC 27699-1617 ACCURATE AND COMPLETE TO THE BEST OF MY KNOWLEDGE. II I III I 1111 11.1 II I 11. I II I �------- ee , ©l m��■�e■tee■■■■■■■■ ®® , ©„l ee�■®■■tee■■■■■■■■ III , � �■��■yea■■■■■■■ III ���■®�emea■■■■■■■ III �e�■��■®e■■■■■■■■ eeeaeaa■■■■■■■ Monthly Limit ■ I' I ���� I I I I ■■■■■■■ DWQ Form MR-1 (1 VO4 ) NC®ENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman Governor Director Secretary May 3, 2012 Mr. Tom Maholias, POA President Toxaway Falls POA Inc. P.O .Box 270 Lake Toxaway, North Carolina 28747-0270 Subject: NOTICE OF VIOLATION NOV-2012-MV-0028 Permit No. NCO052043 Toxaway Falls POA Inc. WWTP Transylvania County Dear Mr. Maholias: A review of Toxaway Falls POA Inc. WWTP's monitoring report for October 2011 showed the following violations: Parameter Date Measuring Frequency Violation Chlorine, Total Residual Week ending 10/08/2011 2 X /week Failure to Monitor Chlorine, Total Residual Week ending 10/15/2011 2 X /week Failure to Monitor Chlorine, Total Residual Week ending 10/22/2011 2 X /week Failure to Monitor Chlorine, Total Residual Week ending 10/29/2011 2 X /week Failure to Monitor It was also noted that the Compliance box on the back of the DMR was marked "Compliant" when in fact it should have been marked "Non -Compliant" with an explanation for the non-compliance. If the above parameterwas left off inadvertently, please send an amended DMR within 10 business days of receipt of this letter to Raleigh at the address found on the front page of your DMR and also a copy to this office. Remedial actions should be taken to correct this problem. The Division of Water Quality may pursue enforcement action for this and any additional violations of State law. If you should have any questions, please do not hesitate to contact Janet Cantwell or me at 828/296-4500. Sincerely, Ahuck Cranford, Regional Supervisor Surface Water Protection Section cc: DWQ-AshevlIIe-Files DWQ Central Fil s S:\SWP\Transylvania\Wastewater\Minors\Toxaway Falls 52043\NOV-2012-MV-0028.doc NoithCarolina Naturally North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, N.C. 28778 Phone(828)296-4500 Internet: www.ncwaterguality.org FAX (828)299-7043 J;A*l r NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman Governor Mr. Tom Maholias, POA President Toxaway Falls POA Inc. P.O. Box 270 Lake Toxaway, North Carolina 28747-0270 Dear Mr. Maholias: Director May 3, 2012 Subject: NOTICE OF VIOLATION NOV-2012-LM-0021 Permit No. NCO052043 Toxaway Falls POA Inc. WWTP Transylvania County Secretary A review of Toxaway Falls POA Inc. WWTP's monitoring report for September 2011 showed the following violations: Parameter Date Limit Value Reported Value Limit Type Solids, Total Suspended - Concentration 09/20/2011 45 mg/I 52 mg/I Daily Maximum Exceeded Parameter Date Measuring Frequency Violation Chlorine, Total Residual Week ending 09/03/2011 2 X /week Failure to Monitor (If the above parameter for Chlorine was left off inadvertently, please send an amended DMR within 10 business days of receipt of this letter to Raleigh at the address found on the front page of your DMR and also a copy to this office.) Remedial actions, if not already implemented, should be taken to correct any problem. Since the comments section on the reverse of the relevant DMR provided an adequate explanation for the Total Suspended Solids violation, it is not requested that a response be submitted. The Division of Water Quality may pursue enforcement action for this and any additional violations of State law. If you should have any questions, please do not hesitate to contact Janet Cantwell or me at 828/296-4500. Sincerely, Chuck Cranford, Regional Supervisor Surface Water Protection Section cc'DU1fIv2�Aslaeuille� -files. DWQ Central Files S:\SWP\Transylvania\Wastewater\Minors\Toxaway Falls 52043\NOV-2012-LM-0021.doc NorthCarolina AgAma!!il North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, N.C. 28778 Phone(828)296-4500 Internet: www.ncwaterguality.org FAX (828)299-7043 V NCDENR North Carolina Department of Environment and Natural Resources Beverly Eaves Perdue Governor Mr. Tom Maholias, POA President Toxaway Falls POA Inc. P.O. Box 270 Lake Toxaway, North Carolina 28747 Dear Mr. Maholias: .Division of Water Quality Coleen H. Sullins Director July 21, 2011 Subject: NOTICE OF VIOLATION NOV-201 1 -MV-01 40 Permit No. NCO052043 Toxaway Falls POA Inc. WWTP Transylvania County Dee Freeman Secretary A review of Toxaway Falls POA Inc. WWTP's monitoring report for February 2011 showed the following violations: Parameter Date Measuring Frequency Violation pH Week ending 02/12/2011 Weekly Failure to Monitor pH Week ending 02/26/2011 Weekly Failure to Monitor It was also noted that the Compliance box on the back of the DMR was marked "Compliant" when in fact it should have been marked "Non -Compliant" with an explanation for the non-compliance. If the above parameter was left off inadvertently, please send an amended DMR within 10 business days of receipt of this letter to Raleigh at the address found on the front page of your DMR and also a copy to this office. For future reference please make sure the permittee's name, full address, phone number and other pertinent information are typed on the line below the signature on the reverse of each DMR. Remedial actions should be taken to correct this problem. The Division of Water Quality may pursue enforcement action for this and any additional violations of State law. If you should have any questions, please do not hesitate to contact Janet Cantwell at 8281296-4500. Sincerely, i Roger C. Edwards, Regional Supervisor Surface Water Protection Section DWQ Central Files William Royal/ ORC S:1SWP1Transylvania\WastetvaterlMinors\Toxaway Falls 520431NOV-2011-MV-0140.doc None oAhCarotina Adura!!y North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, N.C. 28778 Phone(828)296-4500 Customer Service Internet: www.ncwaterguality.om FAX (828)299-7043 1-877-623-6748 fi f' • 0. n j'74 NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary July 5, 2011 Mr. Tom Maholias, POA President Toxaway Falls POA Inc. P.O. Box 270 Lake Toxaway, North Carolina 28747 Subject: NOTICE OF VIOLATION NOV-2011-MV-0116 Permit No. NCO052043 Toxaway Falls POA Inc WWTP Transylvania County Dear Mr. Maholias: A review of Toxaway Falls POA Inc. WWTP's monitoring report for January 2011 showed the following violation: Parameter Date Measuring Violation Frequency Nitrogen, Ammonia Total 01/31/2011 2 X / Month Failure to Monitor (as N) - Concentration Remedial actions, if not already implemented, should be taken to correct any problem. Since the comments section on the reverse of the relevant DMR provided an adequate explanation for the subject violation, it is not requested that a response be submitted: The Division of Water Quality may pursue enforcement action for this and any additional violations of State law. If you should have any questions, please do not hesitate to contact Janet Cantwell at 828/296-4600. Sincerely, Roger C. Edwards, Regional Supervisor Surface Water Protection Section DWQ Central Files Wesley Royal/ ORC S 1SWP1Transylvania',VV2stewater\MinorslTox2w2y Falls 52043tNOV-2011-MV-0116.doc NorthCarolina Naturally. North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, N.C. 28778 Phone(828)296-4500 Customer Service Internet: www.ncwatercivality.org FAX (828)299-7043 1-877-623-6748 A� 771LE c0raU NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Mr. Thomas Marsalona Toxaway Falls Inc. 115USHwy 64W Lake Toxaway, North Carolina 28748 Dear Mr. Marsalona: Director July 9, 2010 Subject: NOTICE OF VIOLATION NOV-2010-MV-0099 Permit No. NCO052043 Toxaway Falls WWTP Transylvania County Secretary A review of Toxaway Falls WWTP's monitoring report for February 2010 showed the following violations: Parameter Date Measuring Frequency Violation Total Residual Chlorine 02/06/2010 2 X / Week Failure to Monitor Ammonia Nitrogen 02/28/2010 2 X / Month Failure to maintain the required 10 days between sampling It was also noted that the Compliance box on the back of the DMR was marked "Compliant" when in fact it should have been marked "Non -Compliant" with an explanation for the non-compliance. If the above parameter (Chlorine) was left off inadvertently, please send an amended DMR to Raleigh at the address found on the front page of your DMR. DMRs for Toxaway Falls do not have the minimum required 10 days between sampling of ammonia nitrogen. 15 A NCAC 2B .0508 states: "2 / month" means samples are collected twice per month with a required 10 day interval between the collection of the samples." Please begin using the required protocol on future DMRs. The box for "UV Disinfection" on the DMR should not be checked since chlorine is used for disinfection. Remedial actions should be taken to correct this problem. The Division of Water Quality may pursue enforcement action for this and any additional violations of State law. If you should have any questions, please do not hesitate to contact Janet Cantwell at 828/296-4500. Sincerely, Roger C. Edwards, Regional Supervisor Surface Water Protection Section cc: D ville Ffifi =' : Q Ashe DWQ Central Files Wesley Royal/ ORC �'.SL4'f'•:Trans}'Icania'�Vactc�r;ttcr•.1linor;iioaa«a; Frills 520,13'.NOV-2010-N,IV-0099.dr,c NooLCarolina Amurally North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, N.C. 28778 Phone(828)296-4500 Customer Service Internet: www.ncwaterouality.org FAX (828)299-7043 1-877-623-6748 FILE copy A NC®ENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary SURFACE WATER PROTECTION SECTION July 8, 2010 Mr. William Wesley Royal, Utilities Manager Toxaway Falls Inc. PO Box 778 Pisgah Forest, NC 28768-0778 SUBJECT: Compliance Sampling Inspection Toxaway Falls Inc. WWTP Permit No: NCO052043 Transylvania County Dear Mr. Royal: Enclosed please find a copy of the Compliance Sampling Inspection form from the inspection conducted on June 23, 2010. The facility was found to be in compliance with permit NC0052043. Please refer to the enclosed inspection report for additional observations and comments. If you or your staff should have any questions, please call me at 828-296-4662. Sincerely, Wanda P. Frazier Environmental Specialist Enclosures cc: Central Files,y. ;Asfevllle Files S:\SWP\Transylvania\Wastewater\Minors\Toxaway Falls 52043\CS1.6-23-10.doc SURFACE WATER PROTECTION — ASHEVILLE REGIONAL OFFICE Location: 2090 U.S. Highway 70, Swannanoa, NC 28778 NorthCarolina Phone: (828) 296-45001 FAX: 828 299-70431 Customer Service: 1-877-623-6748 Naturally Internet: www.ncwaterguality.org United States Environmental Protection Agency Form Approved. EPA . Washington, D.C. 20460 OMB No. 2040-0057 Water Compliance Inspection Report Approval expires 8-31-98 Section A: National Data System Coding (i.e., PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 I NI 2 15I 31 NCO052043 111 121 10/06/23 117 18I SI 191 SI 20I I Remarks 211111 1111 11111111 1111 11111111 111111111111 11I I I I16 Inspection Work Days Facility Self -Monitoring Evaluation Rating 131 QA -------Reserved--- -- 671 1.0 169 70131 71 I I 721 N I' 73 W 74 751 Ill 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) Toxaway Falls WWTP 12:30 PM 10/06/23 07/11/01 Exit Time/Date Permit Expiration Date 115 U S Hwy 64 W Leicester NC 28748 02:15 PM 10/06/23 12/08/31 Name(s) of Onsite Representative(s)fTitles(s)/Phone and Fax Number(s) Other Facility Data William Wesley Royal/ORC/828-884-9537/ Name, Address of Responsible Official/Title/Phone and Fax Number William Wesley Royal,P0 Box 778 Pisgah Forest NC Contacted 287680778//828-884-9537/ No Section C: Areas Evaluated During Inspection (Check only those areas evaluated) Permit 0 Operations & Maintenance 0 Records/Reports Facility Site Review Effluent/Receiving Waters Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s) and Signature(s) of Inspector(s) Agency/Office/Phone and Fax Numbers Date Wanda P Frazier ARO WQ//828-296-4500 Ext.4662/ I-, b 2� 1 (9, Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date �• `4 Z © to .0 EPA Form 3560-3 (Rev 9-94) Previous editions are obsolete. r I Page # 1 NPDES yr/mo/day Inspection Type 3I NCO052043 I11 121 10/06/23 117 18IS1 (cont.) Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) FACILITY DESCRIPTION: The Toxaway Falls, Inc. WWTP is classified as a class II facility and rated as a 0.010 MGD extended aeration package plant with: 10,150 gallon aeration basin with dual blowers (48 cfm each) providing diffused air; 1685 gallon rectangular clarifier with sludge return; ultrasonic flow meter; tablet chlorinator; 260 gallon chlorine contact chamber; and tablet dechlorinator. Note: The A to C (dated: 3-3-1988) included a flow EQ basin and 2000 gallon sludge holding tank. The EQ basin was never installed. A 1000 concrete tank is on site, but never piped for air or used for sludge holding. Sludge management is provided via a contract septage hauler. Phased construction: Upon reaching 80% of 0.010 MGD, you are required to submit an A to C for permitted flows of up to 0.120 MGD. The permit includes an expansion permit for 0.120 MGD. Septic Tanks: The development consists of residential homes and one condominium building on individual septic tanks and drain fields (none with flow to WWTP). In addition to these residences are the following: Collection System: The collection system to the WWTP consists of: 7 collection system connections, namely: 3 condominiums - 6 units per building: Two condos have grinder pumps — lift stations # 1 & #2 - with force mains and one condo with a septic tank and gray water discharge to a gravity line; 2 residential homes: One with a gravity line, the other with a grinder pump — lift station # 3 - and force main; 1 gift shop (gravity line); and 1 restaurant (gravity line). There are: 1,125 linear feet of 2-inch pvc force main; 3,450 feet of 4-inch gravity; and 3 simplex grinder pumps (50 gpm each). Page # 2 Permit: NCO052043 Inspection Date: 06/23/2010 Owner - Facility. Toxaway Falls wWTP Inspection Type: Compliance Sampling Note: The WWTP flows average — 3,000 gpd. PERMIT / INSPECTION / LOG: A review of the files indicates that the last compliance sampling inspection was conducted on 11-17-09 by Janet Cantwell. The following sampling results, from that inspection, indicated compliance: BOD = 1.4 mg/I TSS = < 6.2 mg/I fecal coliform = 1 colony / 100 ml ammonia nitrogen = 0.1 mg/I The permit expires on 8-31-2012. Please request a permit renewal 6 months prior to expiration. A renewal notice will be mailed as a reminder. NAME/OWNERSHIP CHANGE: When the responsibility of the permit shifts from the owners, Thomas Marsalona & Harry Levi, to the Property Owners' Association Inc, please complete and submit the enclosed form with accompanying documentation to the Division. (There is no charge for this.) You may submit this request in writing to the Division at: Division of Water Quality Surface Water Protection Section 1617 Mail Service Center Raleigh, North Carolina 27699-1617 The daily operator log was present on -site and had good notation of daily events, process control and field testing data. TREATMENT UNITS / PROCESS CONTROL TESTING DATA: The activated sludge aeration basin process control data was as follows: Temperature = 21.5 degrees Celsius pH=6.7units Dissolved Oxygen = 0.93 mg/I Settleable Solids = 400 ml/l = 40% SLUDGE MANAGEMENT: The plant was recently pumped and — 3000 gallons of excess solids were removed. Page # 3 Permit: NCO052043 Owner - Facility: Toxaway Falls WWTP Inspection Date: 06123/2010 Inspection Type: Compliance Sampling EFFLUENT: The effluent data was as follows: Dissolved Oxygen = 4.9 mg/I Note: The IWC @ 0.010 MGD is 0.67%. There is no effluent minimum DO requirement. pH = 7.3 units Temperature = 25.4 degrees Celsius Chlorine = <20 ug/I OPERATIONS AND MAINTENANCE / EFFLUENT / SUMMARY: Mr. Wesley Royal, ORC, assisted in the inspection and appears to be operating and maintaining the facility very well. The effluent was clear and appeared to be in compliance with permit limits. Samples were taken on the day of the inspection. The sample results are as follows: BOD = 6.1 mg/I TSS = 14.5 mg/I fecal coliform = 18 col/100 ml SYSTEM PERFORMANCE ANNUAL REPORT: The 2009 System Performance Annual Report has been received by the Division. Note: According to the Clean Water Act of 1999 (House Bill 1160), the legal requirement for submittal of the System Performance Annual Report is as follows: The owner or operator of any wastewater treatment works or wastewater collection systems that treats or collects primarily domestic or municipal waste, must provide an Annual Report to its users or customers and to the Department of Environment and Natural Resources that summarizes the treatment work's and collection system's performance over a 12 month period. The System Performance Annual Report is due no later than 60 days after the end of the reporting period. Page # 4 Permit: NCO052043 Inspection Date: 06/23/2010 Owner - Facility: Toxaway Falls WWTP Inspection Type: Compliance Sampling Permit Yes No NA NE (If the present permit expires in 6 months or less). Has the permittee submitted a new application? n ❑ ■ ❑ Is the facility as described in the permit? ■ ❑ ❑ ❑ # Are there any special conditions for the permit? ■ ❑ ❑ n Is access to the plant site restricted to the general public? ■ n n n Is the inspector granted access to all areas for inspection? ■ ❑ 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: Aeration Basins Yes No NA NE Mode of operation Ext. Air Type of aeration system Diffused Is the basin free of dead spots? ■ Cl n n Are surface aerators and mixers operational? ❑ n ■ n Are the diffusers operational? ■ n n n Is the foam the proper color for the treatment process? ■ n n n Does the foam cover less than 25% of the basin's surface? ■ n n n Is the DO level acceptable? ■ n n n Is the DO level acceptable?(1.0 to 3.0 mg/1) ■ n n n Comment: Secondary Clarifier Yes No NA NE Is the clarifier free of black and odorous wastewater? ■ n n n Is the site free of excessive buildup of solids in center well of circular clarifier? n n ■ Are weirs level? ■ n Cl n Is the site free of weir blockage? ■ n ❑ n Is the site free of evidence of short-circuiting? ■ n n n Is scum removal adequate? ■ Q n n Is the site free of excessive floating sludge? ■ n n n Page # 5 Permit: NC0052043 Inspection Date: 06/23/2010 Owner - Facility: Toxaway Falls VW TP Inspection Type: Compliance Sampling Secondary Clarifier Is the drive unit operational? Is the return rate acceptable (low turbulence)? Is the overflow clear of excessive solids/pin floc? Is the sludge blanket level acceptable? (Approximately'/ of the sidewall depth) Comment: Disinfection -Tablet Are tablet chlorinators operational? Are the tablets the proper size and type? Number of tubes in use? Is the level of chlorine residual acceptable? Is the contact chamber free of growth, or sludge buildup? Is there chlorine residual prior to de -chlorination? Comment: De -chlorination Type of system ? Is the feed ratio proportional to chlorine amount (1 to 1)? Is storage appropriate for cylinders? # Is de -chlorination substance stored away from chlorine containers? Comment: Are the tablets the proper size and type? Are tablet de -chlorinators operational? Number of tubes in use? Comment: Page # 6 WC County: TRANSYLVANIA Sample ID: AB60216 River Basin Report To FRB =fly U! PO Number # ARID AROSP `O G Date Received: 06/23/2010 r Collector: W FRAZIER Time Received: 16:05 Region: ARO Y Labworks LoginlD KJIMISON Sample Matrix: WASTEWATER Report Generated: 7/13/10 Loc. Type: EFFLUENT Date Reported: 07/1312010 Emergency Yes/No Visit ID � I CDC Yes/No Loc. Descr.: TOXAWAY'FALLS ✓' NDJInQ— ��� Location ID: NC0052043 Collect Date: C.. 6/23I2010 - Collect Time: 13:00 Sample Depth CAS # Analyte Name PQL Result/ Units Method Analysis Validated by Qualifier Reference Date Others Sample temperature at receipt by lab 2.7 °C 6/23/10 SMATHIS BQ:G1-Day in liquid 2 mg/L APHA5210B 6/24/10 MOVERMAN Colifc�rm, MF Pecaf in liquid 1 CFU/100m1 APHA9222D-20th 6123/10 CGREEN ReSICiU' e �US �2ny ded In liquid 6.2 I1 5 mg/L APHA2540D-20th 6/30/10 MOVERMAN JUL 5 2010 L- WATER GiiALITY SECTION AS"EVILLE REGIONAL OFFICE Laboratory Section>> 1623 Mail Service Center, Raleigh, NC 27699-1623 (919) 733-3908 For a detailed description of the qualifier codes refer to httn.J ortaLqufenco�rc.AvehM�nAah-stahinfottechassist#Data Qualifier Codes <httn'?fPortal.nodenroivlw3h_1vn_abisfaffnfoitechassish Page 1 of 1 DIVISION OF WATER QUALITY ` Chemistry Laboratory Report / Wateir Quality Lab Number•.'. • `� ��� COUNTY /^ PRIORITY SAMPLE TYPE Date Received: {.pZ RIVER BASIN: AMBIENT QA STREAM EFFLUENT Time Received : r,y� Raceived8y REPORT TO Asheville Reg. Office �l COMPLIANCE CHAIN OF CUSTODY LAKE INFLUENT 4 Other EMERGENCY VISIT ID FSTUARY Data Released COLLECTOR(S) : Wanda Frazier - SWPS Date Reported. Estimated BOD Range: 3 / Station Locatla • C,> Seed: (/ Chlorinated: ✓ Remarle: Station H/Location Code �t Date in /mm/dd) Date (yy/ m/dd) Time Betio Time End Depth- DM, DB, DBM Value Type -A, H, L Composite-T, S, B Sample Try ch /o o< D D/8a b/o0 6�r>rE�If BOD 310 mg/L COD High 340 mg/L COD Low 335 mg/L Coliform: MF Fecal 31616 /100011 Collform: MY Total 31504 /loom] Coliform: tuba Fecal 31615 /100m1 Coliform: Fecal Strap 31673 /I001111 Residue: Total500 mg/L Volatile 505 mg/L Fixed 510 mg/L Residue: Suspended 530 mg/L Volatile 535 mg1L Fixed 540 mg/L pH 403 units Acidity to pH 4S 436 mg/L Acidity to pH 8.3 435 mg/L Alkalinity to pH 8 3 415 mg/L Alkalinity to pH 4.5 410 mg/L TOC 680 mg/L Turbidity 76 NTU Coliform Total Tube /100 ml COMMENTS: Chloride 940 mg/L Chlorophyll a EPA 445.0 modified option u Color.- True 80 C.U. Color. (pH) 83 pH' C.U. Color: pH 7.6 82 cn. Cyanide 720 mg1L Fluoride 951 mg/L Formaldehyde71890 mg/L Grease and Oils 556 mg/L Hardness Total900 mg/L Specific Cond.95 umhos/em M 3AS 38260 131911, Phenols 32730 ug/L Sulfate 945 ' mg/L Sulfide 745 mg/L Boron Tannin & Lignin ug/L Hexavalent Chromium u91L Bicarbonate mg(L Carbonate mg/L Total Dissolved Solids m91L NH3 as N 610 mg/L TKN no N 626 mg/L NO2 plus NO3 as N 630 mg/L P. Total as P 669 mg/L PO4 as P 70507 mg/L P: Dissolved w P 666 mg/L K-Potassium mg/L Cd-Cadmium 1027 ug/L Cr-Chramiom:Tatai 1034 ug/L Cu- Copper1042 ug/L Ni-Nickel 1067 ug/L Pb- Lead 1051 ug/L Zn- Zinc 1092 ng/L V-Vanadium ug/L Ag- Silver 1077 ng/L Al. Aluminum 1105 ug/L Be- Beryllium 1012 ug/L Ca- Calcium 916 mg/L Co- Cobalt 1037 ug/L Fe- Iron 1045 ug/L Ma -Molybdenum ug/L Sb-Antbnany, ug/L Sn-Tin uglL TI-Tbatilum ug/L itaniom ug/L ' 119-1631 ng/L Li -Lithium M32 ug/L Mg-Magnesium927 mg/L Mn-Manganese 1055 ug/L No- Sodium 929 mg/L ArsenicTota11002 ug/L Se- Selenium 1147 ug/L Hg-Mercury71900 ug/L Bn-Barium ug/L Orgaaochlar(ue Pesticides Organophosphorus Pesticides Organouitrogan Pesticides Acid Herbicides Base/Nieutral&Acid Extract. Organics TPH Diesel Range Purgeable Organics (VOA bottle req'd) TPH Gasoline Range TPHBTEX Gasoline Range Phytoplauktou Temperature on arrival ('C : 09 Systeme Annual Report Name of regulated entity and county Facility name: Toxaway Falls, Inc. WVTTP County: Transylvania County Responsible entity, person or contact with phone number or address Responsible officials: Thomas Marsalona & Harry Levy official's location: 11.5 US Hwy 64 West; Lake Toxaway, NC 28748 Telephone: 828-966-9239 ® Listing of applicable permit(s): WWTP and Collection System Permit Number:. NCO052043 ® Description of collection or treatment system or process WWTP type: The wastewater treatment plant,is classified as a class 11 facility and rated as a 0.010 MGD extended aeration package plant with: dual blowers providing diffused air; clarifier with sludge return; tablet chlorinator; chlorine contact chamber; and tablet dechlorinator. Collection System: The development consists of 4 condos, 2 residential homes, 1 gift shop and 1 restaurant. The collection system consists of: 2, 3 and 4" plastic pipe which 1125 linear feet of 2-inch force main: 3450 feet of 4 inch gravity. 3 pump stations, ® Description of overall 12 month performance, noting the review period (2009) highlights and deficiencies. (see below) By month, list of the number and type of any violations of permit conditions, environmental regulations or environmental laws, including (but not limited to): (see below) Permit Limit Violations Monitoring and Reporting Violations (Illegal) Bypass of treatment facilities* Sanitary Sewer Overflows* *Note estimated total monthly volumes and locations of events in which more than 1,000 gallons of waste reached surface waters. *For the purpose of this System Performance Annual Report, please condense your Annual Report to include: the estimated total monthly volumes and locations of events in which more than 1,000 gallons of waste reached surface waters. - Description of any known environmental impact of violations: (see below) • Description of corrective measures taken to address violations or deficiencies: (see below) 11. Performance Summary: The Toxaway Falls, Inc. WWTP received two Notices of Violations during the calendar year 2009 (see below). There have not been any sanitary sewer overflows (SSOs) from the collection system, nor have there been any illegal bypasses of the treatment facility. Permit Limit Violations: NOTICE OF VIOLATION - NOV-2009-LM-0013 — The discharge monitoring report for February 2009 had one fecal coliform violation on 2/24/09, which measured 450 col/100 ml. The limit value was 400 col/100ml, therefore, the daily maximum limit was exceeded. Failure to monitor total residual chlorine (TRC) twice a week was also cited for January and February 2009. Corrective actions taken: The chlorine tablets had swollen and gotten stuck in the tube dispenser. The ORC (operator in responsible charge) removed the chlorine tablets from the chlorinator dispenser, cleaned the tubes and replaced the tablets. A follow-up fecal coliform sample was taken with compliant results. The TRC monitoring frequency failures were corrected by increasing TRC monitoring from weekly to twice weekly. Impacts: There were no known, environmental impacts from the violation. Monitoring and Reporting Violations: NOTICE OF VIOLATION - NOV-2009-MV-0118 — The discharge monitoring report for April 2009 had twice a month ammonia nitrogen monitoring frequency violation,, as a result of an oversight by the ORC to collect two samples that month. By mistake, only one was collected. Corrective action taken: Twice a month ammonia nitrogen monitoring was resumed. Impacts: No known environmental impacts from the violation occurred. Ill. Notification - Statement as to how users or customers have been provided access to the report. A copy of the annual report is on file with the POA's representative. P IV. Certification This System Performance Annual Report is being filed as required by House Bill 1160, the. Clean Water Act of 1999, which was ratified by the North Carolina General Assembly on July 20 and signed into law by the Governor on July 21, 1999. This legislation has placed significant, new reporting requirements on those entities that own or operate wastewater treatment and collection systems.. It states that the owner or operator of any wastewater treatment works or wastewater collection systems that treats or collects primarily domestic or municipal waste must provide an annual report, to its users or customers and to the Department of Environment and Natural Resources that summarizes the treatment works' or collection system's performance over a 12 month period. The annual report shall summarize the performance of the treatment works or collection system and state the extent to which any terms of its permit, federal laws, or any State laws, regulations or rules related to the protection of water quality have been violated. IV. Certification - Statement by a responsible official certifying the report is accurate and complete 1, . /,/// ///,Vt al(z 0�'C 7 W. Wesley Royal, Permitee and ORC (Opgr6tor in Responsible Charge), certify tFia—tthe information provided in this report is accurate and complete to the best of my knowledge. To satisfy the Departmental reporting requirement, three copies of the report should be submitted to the following address: System Performance Annual Report North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 DEADLINE: Annual reports must be submitted within'60 days of the end of the ap'plicable 12- month review period. 3 TrC (DM Laboratory Section S County: TRANSYLVAMA River Basin FRB ! _ i;' iI il, ti ¢ yVthh A? Report To AROSP Collector. J CANTWELL r, l ? Region: ARO Sample Matrix: WASTEWATER Loc. Type: EFFLUENT Emergency Yes/No COC Yes/Na — - -- —J Loc. Descr.: TOXAWAY FALLS Location ID: NCO052043 Collect Date: 11117/2009 Collect Time:: 12:25 Sample Qualifiers and Comments Sample ID: AB51871 PO Number# ARO Date Received: 11/17/2009 Time Received: 16:05 Labworks LoginlD KJIMISON Date Reported: 12/16/09 Report Generated: 12/1612009 Sample Depth Routine Qualifiers For a more detailed description of these qualifier codes refer to www.dwglab.org under Staff Access A -Value reported is the average of two or more determinations N3-Estimated concentration is < PQL and >MDL B1-Countable membranes with <20 colonies; Estimated NE -No established PQL B2- Counts from all filters were zero. P-Elevated PQL due to matrix interference and/or sample dilution B3- Countable membranes with more than 60 or 80 colonies; Estimated 01-Holding time exceeded prior to receipt at lab. B4-Filters have counts of both>60 or 80 and < 20; Estimated Q2- Holding time exceeded following receipt by lab B5-Too many colonies were present; too numerous to count (TNTC) PQL- Practical Quantitation Limit -subject to change due to instrument sensitivity J2- Reported value failed to meet QC criteria for either precision or accuracy; Estimated U- Samples analyzed for this compound but not detected J3-The sample matrix interfered with the ability to make any accurate determination; Estimated X1- Sample not analyzed for this compound J6-The lab analysis was from an unpreserved or improperly chemically preserved sample; Estimated N1-The component has been tentatively identified based on mass spectral library search and has an estimated value / O Mtn She0,6, v� ARO Laboratory Section>> 1623 Mail Service Center, Raleigh, NC 27699-1623 (919) 733-3908 Page 1 of 2 NC T)WQ Laboratory Section XesuCts Sample ID Q$51871 Location ID: NC0052043 Collect Date: 1111712009 Loc. Descr.: TOXAWAY FALLS Collect Time:: 12:25 Visit ID CAS # Analyte Name PQL Result Qualifier Units Analyst/Date Approved By /Date Sample temperature at receipt by lab 3.1 °C. KJIMISON SMATHIS Method Reference 11/17/09 11/23/09 BOD, 5-Day in liquid 2 1.4 mg/L KJIMISON CGREEN Method Reference APHA52108 11/18/09 12/15/09 Coliform, MF Fecal -in liquid 1 1 B2 CFU/100ml KJIMISON CGREEN Method Reference APHA92220-20th 11/17/09 12/15/09 Residue —Suspended in liquid 6.2 Method Reference APHA2540D-20th 6.2 U mg/L KJIMISON 11/19/09 CGREEN 12/15/09 Laboratory Section>> 1623 Mail Service Center, Raleigh, NC 27699-1623 (919) 7333908 Page 2 of 2 DIVISION OF WATER QUALITY WATER QUALITY FIELD -LAB FORM (DM1) . COUNTY �/�/Vljy� PRIORITY SAMPLE TYPE 0 RIVER BASIN . ❑ AMBIENT ❑ STREAM EFFLU_FNT REPORT TO&RO MRO RRO WaRO WiTRO WSRO TS AT BM COMPLIANCE ❑ LAKE ❑ INFLUENT Other Shipped by: Bus, Courier, Staa Other ❑ EMERGENCY❑ ESTUARY �� J Lj Estimated BOD Range: 0-5/5-25/25-65/40-130 or 100 plus STATION LOCATION: // Seed: Yes ❑ No ❑ Chlorinated: Yes ❑ No ❑ REMARKS: Stat' Date Begin wy/mm/dd) Time Begin Date End Time End Depth DM DB DBN o ® /� ] 11OD5 310 mg/L 2 COD High 340 mg/L COD Low 335 mg/L 4 Coliform: MF Fecal 31616 /100ml 5 Coliform: MF Total 31504 /100m1 6 Coliform: Tube Fecal 31615 /100ml 7 Coliform: Fecal Strep 31673 /100ml. 8 Residue: Total 500 mg/L 9 Volatile 505 mg/L 10 Fixed 510 mg/L 11 Residue: Suspended 530 mg/L 12 Volatile 535 mg/L 13 Fixed 540 mg/L 14 pH 403 units 15 Acidity to pH. 4.5 436 mg/L 16 Acidity to pH 8.3 435 mg/L 17 Alkalinity to pH 8.3 415 mg/L 18 Alkalinity to pH 4.5 410 mg/L 19 TOC 680 mg/L 20 Turbidity 76 NTU Chloride 940 mg/L Chia 70953 µg/L Color: True 80 Pt -Co Color:(pH ) 83 ADMI ColorpH 7.6 82 ADMI Cyanide 720 mg/L Fluoride 951 mg/L Formaldehyde 71880 mg/L Gzease and Oils 556 mg/L Hardness Total 900 rng/L Specific Cood. 95 MBAS 38260 mg/L Phenols 32730 µg/L Sulfite 945 mg/L Sulfide 745 mg/L Prn t 't' t I- r)NT V Lab Number I.L Ard t5l U Date Received: t, f "a 4,7 Time: Rec'd by: DATA ENTRY BY: rom: Bus -Courier -Hand Del. 0 CK: DATE REPORTED: 43 A A H L T S B C( G I GNXX 1-0,� NH3 as N 610 mg/L TKN as N 625 mg/L NO2 plus NO3 as N 630 mg/L P: Total as P 665 m9,2 PO4 as P 665 mg/L P: Dissolved as P 666 mg/L Cd-Cadmium 1027 µg,'L Cr-Chromium;Total 1034 µg/L Cu-Copper1042 µglL Ni-Nickel1067 µg/L Pb-Lead 1051 µg/L Zn-Zinc 1092 µg/L AgSilver 1077 µg/L Al -Aluminum 1105 µg/L Be -Beryllium 1012 Val, Ca -Calcium 916 mg/L Co -Cobalt 1037 µg/L Fe -Iron 1045 µg/L Li -Lithium 1132 µg/L Mg -Magnesium 927 mg/L Mn-Manganese 1055 µg/L Na-Sodium 929 mg/L Arsenic -.Total 1002 µg/L Se -Selenium 1147 µg/L He -Mercury 71900 µYL Organochlorine Pesticides Organophosphorus Pesticides Acid Herbicides Base/Neutral Extractable Organics Acid Extractable Organics Pur_eable Organics (VOA bottle req'd) Phytoplankton Lab Use Only Temperature on arrival: Sampling Point % Conductance at 25'C Water Temperature "C I D.O. mg/L IpH Alkalinity Acidity Air Temperature °C H9.3 PH 4.5 H4.5 PH 8.3 2 4 0 300 400 2244 431 32243 82242 0 %a Precipitation (in/day) Cloud Cover % Wind Direction (Deg) Stream Flow Severity Turbidity Severity Wind Velocity Mean Stream Depth ft. Stream Width ft. �Salinity 80 5 2 6 1351 1350 35 64 4 ection r County: TRANSYLVANIA River Basin FRB Report To AROSP Collector: J CANTWELL Region: ARO Sample Matrix: WASTEWATER Loc. Type: EFFLUENT Emergency Yes/No COC Yes/No Location ID: NCO052043TOXAWAYFALLS U W A-r,! ' VisitlD Loc. Descr.: TOXAWAY FALLS NCO052043 Collect Date: 1111712009 Collect Time:: 12:25 Sample Qualifiers and Comments Sample ID: AB51926 PO Number# 9W9562 Date Received: 11119/2009 Time Received: 08:30 Labworks LoginlD SMATHIS Date Reported: 12/2/09 Report Generated: 12/0212009 9n- Sample Depth Routine Qualifiers For a more detailed description of these qualifier codes refer to www.dwqlab.org under Staff Access A -Value reported is the average of two or more determinations B1-Countable membranes with <20 colonies; Estimated N3-Estimated concentration is < PQL and >MDL B2-Counts from all filters were zero. NE -No established PQL 63-Countable membranes with more than 60 or 80 colonies; Estimated P-Elevated PQL due to matrix interference and/or sample dilution B4-Filters have counts of both >60 or 80 and < 20; Estimated Q1-Holding time exceeded prior to receipt at lab. Q2- Holding time exceeded following receipt by lab B5-Too many colonies were present; too numerous to count (TNTC) € «: i rr r r -� ✓ ^tt c . r. PQL- Practical Quanti atin .E subject to change duelo,mstrumeni sehsdrvity J2- Reported value failed to meet QC -criteria for either precision or accuracy; Estimated=^n U- Samples analyzed fbcthis comptiuYid-6dtl ofcdetecfed ' '`°' ' ' J3-The sample matrix interfered with the ability to make any accurate determination; Estimated J6-The lab analysis was from an unpreserved or improperly chemically preserved sample; Estimated X1- Sample not anaiy$eis_cornpoand •`+ N1-The component has been tentatively identified based on mass spectral library search and has an estimated value LAB Laboratory Section>> 1623 Mail Service Center, Raleigh, NC 27699-1623 (919) 7333908 DEC 15 2009 WATER QUALITY SECTION l NC DWQ Laboratory Section Resufts Sample ID A659926 on ID: NCO052043TOXAWAYFALLS Collect Date: 1111712009 Descr.: TOXAWAY FALLS NCO052043 Collect Time:: 12:25 D CAS # Analyte Name PQL Result Qualifier Units Analyst/Date Approved By /Date Sample temperature at receipt by lab 2.4 °C HPARKER SMATHIS Method Reference 11/19/09 11/19/09 NUT NH3 as N In Iiquld 0.02 0.10 mg/L as N MAJAYI CGREEN Method Reference Lacl O-107-06-1-J 11/19/09 12/2/09 Laboratory Section>> 1623 Mail Service Center, Raleigh, NC 27699-1623 (919) 7333908 Page 2 of 2 ION OF WATUALER ITY WATER QUALITY FIELD -LAB FORM (DM1) For Lab Use ONLY DIMS / V COUNTY T� PRIORITY SANIPLETYPE RIVER BASIN ❑ AMBIENT ❑ STREAM EFFLUENT REPORT : ARO RO MRO RRO WaRO WiRO WSRO TS AT BM COMPLIANCE ❑ LAKE ❑'INFLUENT Other d b B C tali Other Shppe y. us, our ❑ EMERGENCY ❑ ESTUARY COLLECTOR(S)� Estimated BOD Range: 0-5/5-25/25-65/40-130 or 100 plus STATION LOCATION: Seed: Yes ❑ No ❑ Chlorinated: Yes ❑ No ❑ I BOD5 310 mg/L 2 COD High 340 mg/L 3 COD Low 335 mg/L 4 Coliform: MF Fecal 31616 /100ml 5 Coliform: MF Total 31504 /100m1 6 Coliform: Tube Fecal 31615 /100ml 7 Coliform: Fecal Strep 31673 /100m,1 8 Residue: Total 500 mg/L 9 Volatile 505 mg/L 10 Fixed 510 mg/L 11 Residue: Suspended 530 mg/L 12 Volatile 535 mg/L 13 Fixed 540 mg/L 14 pH 403 units 15 Acidity to pH 4.5 436 mg/L 16 Acidity to pH 8.3 435 mg/L 17 Alkalinity to pH 9.3 415 mg/L 18 Alkalinity to pH 4.5 410 met 19 TOC 680 mg/L 20 Turbidity 76 NTU Time Begin Date End Time End 2 0If Chloride 940 mg/L Chl a 70953 µg/L Color: True 80 Pt -Co Color:(pH ) 83 ADMI Color:pH 7.6 E2 ADMI Cyanide 720 mg/L Fluoride 951 mg/L Formaldehyde 71880 mg/L Grease and Oils 556 mg/L Hardness Total 900 mg/L Specific Cord. 95 MBAS 38260 mg/L Phenols 32730 µg/L Sulfate 945 mg/L Sulfide 745 mg/L Lab Number: J 1 O l Date Received: I fl Time: Ree'd by: DATA ENTRY BY: From: Bus -Courier -Hand Del. CK: DATE REPORTED: DB DBM I Value Type Composite Sample Type A H L T S B Icn GNXX NH3 as N 610 mg1L TKN as N 625 mg/L NO2 plus NO3 as N 630 mgJ1 P: Total as P 665 mg/L PO4 as P 665 mg/L P: Dissolved as P 666 mg/L Cd-Cadmium 1027 Cr-Chromium;Total 1034 Cu-Copper1042 µg/L µg/L µg/L Ni-Nickel 1067 µg/L Pb-Lead 1051 µg/L Zn-Zinc 1092 µP/L Ag-Silver 1077 µg/L AI -Al 'num 1105 µg/L Be -Beryllium 1012 pg/L Ca -Calcium 916 mg/L Co -Cobalt 1037 µg/L Fe -Iron 1045 µ 1, Li -Lithium 1132 µg/L Mg -Magnesium 927 mg/L Mn-Manganese 1055 µg/L Na-Sodium 929 mg/L Arsenic:Total 1002 lig/L Se -Selenium 1147 µg/L Hg-Mercury 71900 µg/L Organochlorine Pesticides Oreanophosphorus Pesticides Acid Herbicides BasellNeutral Extractable Organics Acid Extractable Organics Purgeable Organics (VOA bottle req'd) Phytoplankton Lab Use Only Tem erature on amval: � Sampling Point % Conductance at 25°C Water Temperature °C D.O. mvJL H Alkalinity Acidity Air Temperature °C H 83 pH 45 PH 4.5 pH 8.3 2 94 0 300 400 82244 431 2243 82242 20 Salinity %a Precipitation (in/day) Cloud Cover % Wind Direction (Deg) Stream Flow Severity Turbidity Severity Wind Velocity Mean Stream Depth ft. Stream Width ft. 490 45 32 36 1351 1350 35 64 4 --------------- 7 ROYAL WATER WORKS, :I p AUG `3 2009 PO BOX 778, PISGAH FOREST, NC 28768 WATER QUALITY SECTION PHONE &FAX 828-884-9537 i ASHEVILI_E REGIONAL OFFICE CELL 828-506-5572 July 28, 2009 ROGER EDWARDS NCDENR ASHEVILLE REGIONAL OFFICE NOV FOR TOXAWAY FALLS INC WW T P iNC0052043 NOV FOR NH3N WAS NOT PICKED UP. ONLY ONE NH3N SAMPLES WAS TAKEN FOR THE MONTH APRIL 2009. 1 JUST MESSED UP ON THE SAMPLING DATE. I HOPE TO NOT LET THIS HAPPEN AGAIN. WESLEY ROYAL A`iA NCD NR j North Carolina Department of Environment and Natural Resources Beverly Eaves Perdue Governor Mr. Thomas Marsalona Toxaway Falls Inc. 115 U S Highway 64 West Toxaway, North Carolina 28748 Dear Mr. Marsalona: Division of Water Quality Coleen H. Sullins Director July 17, 2009 Subject: NOTICE OF VIOLATION NOV-2009-MV-0118 Permit No. NCO052043 Toxaway Falls WWTP Transylvania County Dee Freeman Secretary A review of Toxaway Falls WWTP's monitoring report for April 2009 showed the following violation: Parameter Date Measuring Frequency Violation NH3 as N 04/30/2009 2 X / Month Failure to Monitor It was also noted that the Compliance box on the back of the DMR was marked "Compliant" when in fact it should have been marked "Non -Compliant" with an explanation of the reason for the non-compliance. Remedial actions should be taken to correct this problem. The Division of Water Quality may pursue enforcement action for this and any additional violations of State law. To prevent further action, carefully review these violations and deficiencies and respond in writing to this office within 10 working days of receipt of this letter. You should address the causes of non-compliance and all actions taken to prevent the recurrence of similar situations. If you should have any questions, please do not hesitate to contact Janet Cantwell at 828/296-4500. Sincerely, A,>o T11 e, e��— Roger C. Edwards, Regional Supervisor Surface Water Protection Section cc D17UQ Asheyille,Flles.�-_�_ DWQ Central File "" �=" �' Royal Water Works/ ORC G:IWPDATA\DEMWQ\Transylvania152043 Toxaway Falls152043 NOV-2009-MV-0118.doc NorthCarolina Natumlly i� 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 A - rA AAA M COPY Beverly Eaves Perdu Governor North Carolina Department of Environment and Natural Resources Division of Water Quality e Coleen H. Sullins Director May 12, 2009 Mr. Thomas Marsalona Toxaway Falls Inc. 115 U. S. Highway 64 W Lake Toxaway, North Carolina 28748 Subject: NOTICE OF VIOLATION NOV-2009-LM-0013 Permit No. NCO052043 Toxaway Falls WWTP Transylvania County Dear Mr. Marsalona: Dee Freeman Secretary A review of Toxaway Falls WWTP's monitoring report for February 2009 showed the following violations: Parameter Date Limit Value Reported Value Limit Type Coliform, Fecal MF, M-FC Broth,44.5C 02/24/09 400 #/100m1 450 #/100ml Daily Maximum Exceeded Parameter Date Measuring Frequency Violation Chlorine, Total Residual 02/07/09 2 X week Failure to Monitor Chlorine, Total Residual 02/14/09 2 X week Failure to Monitor Chlorine, Total Residual 02/21/09 2 X week Failure to Monitor Chlorine, Total Residual 02/28/09 2 X week Failure to Monitor A review of Toxaway Falls WWTP's monitoring report for January 2009 showed the following violations: Parameter Date Measuring Frequency Violation Chlorine, Total Residual 01/03/09 2 X week Failure to Monitor Chlorine, Total Residual 01/10/09 2 X week Failure to Monitor Chlorine, Total Residual 01/17/09 2 X week Failure to Monitor Chlorine, Total Residual 01/24/09 2 X week Failure to Monitor Chlorine, Total Residual 01/31/09 2 X week Failure to Monitor North Carolina Avitrally North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, N.C. 28778 Phone(828)296-4500 Customer Service Internet: www.ncwaterguality.org FAX (828)299-7043 1-877-623-6748 Mr. Thomas Marsalona Page Two May 12, 2009 A review of Toxaway Falls WWTP's monitoring report for December 2008 showed the following violations: Parameter Date Measuring Frequency Violation Chlorine, Total Residual 12/06/08 2 X week Failure to Monitor Chlorine, Total Residual 12/13/08 2 X week Failure to Monitor Chlorine, Total Residual 12/20/08 2 X week Failure to Monitor Chlorine, Total Residual 12/27/08 2 X week Failure to Monitor A review of Toxaway Falls WWTP's monitoring report for November 2008 showed the following violations: Parameter Date Measuring Frequency Violation Chlorine, Total Residual 11/01/08 2 X week Failure to Monitor Chlorine, Total Residual 11/08/08 2 X week Failure to Monitor Chlorine, Total Residual 11/15/08 2 X week Failure to Monitor Chlorine, Total Residual 11/22/08 2 X week Failure to Monitor Chlorine, Total Residual 11/29/08 2 X week Failure to Monitor A review of Toxaway Falls WWTP's monitoring report for October 2008 showed the following violations: Parameter Date' Measuring Frequency Violation Chlorine, Total Residual 10/04/08 2 X week Failure to Monitor Chlorine, Total Residual 10/11/08 2 X week Failure to Monitor Chlorine, Total Residual 10/18/08 2 X week Failure to Monitor Chlorine, Total Residual 10/25/08 2 X week Failure to Monitor It was also noted that the Compliance box on the back of the DMR was marked "Compliant" when in fact it should have been marked "Non -Compliant" with an explanation of the reason for the non-compliance. Remedial actions should be taken to correct this problem. The Division of Water Quality may pursue enforcement action for this and any additional violations of State law. Mr. Thomas Marsalona Page Three May 12, 2009 To prevent further action, carefully review these violations and deficiencies and respond in writing to this office within 10 working days of receipt of this letter. You should address the causes of non-compliance and all actions taken to prevent the recurrence of similar situations. If you should have any questions, please do not hesitate to contact Janet Cantwell or me at 828/296-4500. Sincerely, r--> _Z_ Roger C. Edwards, Regional Supervisor Surface Water Protection Section }c:; �:1�1�iJ� Ashevlle'Trles DWQ Central Files Royal Water Works/ ORC G:\WPDATA\DEMWQ\Transylvania\52043 Toxaway Falls\52043 NOV-2009-LM-00 I 3.doc L.. . _ ._ .. .. MCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Mr. Thomas Marsalona Toxaway Falls Inc. 115 U S Highway 64 West Lake Toxaway, North Carolina 28748 Dear Mr. Marsalona: Director Secretary April 13, 2009 Subject: NOTICE OF VIOLATION NOV-2009-LV-0161 Permit No. NCO052043 Toxaway Falls WWTP Transylvania County A review of Toxaway Falls WWTP's monitoring report for October 2008 showed the following violation: Parameter Date Limit Value Reported Value Limit Type Coliform, Fecal MF, M-FC Broth,44.5C 10/28/08 400 #/100ml 600 #1100ml Daily Maximum Exceeded Remedial actions, if not already implemented, should be taken to correct any problem. Since the comments section on the reverse of the relevant DMR provided an adequate explanation for the subject violation, it is not requested that a response be submitted: however, should you have additional information concerning the violations or comments which you wish to present, please submit them to the attention of Janet Cantwell Remedial actions should be taken to correct this problem. The Division of Water Quality may pursue enforcement action for this and any additional violations of State law. If you should have any questions, please do not hesitate to contact Janet Cantwell or me at 828/296-4500. Sincerely, l Roger C. Edwards, Regional Supervisor Surface Water Protection Section &='W jR 'Q` A neUJAI ME -DWQ Central Files Royal Water Works/ ORC G:\WPDATA\DEMWQ\Transylvania\52043 Toxaway Falls\52043 NOV-2009-LV-0161.doc North Carolina NatirrallIf North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, N.C. 28778 Phone(828)296-4500 Customer Service Internet: www.newaterguality.org FAX (828)299-7043 1-877-623-6748 4 NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Governor Director March 16, 2009 CERTIFIED MAIL 7003 0500 0002 6819 4160 RETURN RECEIPT REQUESTED Toxaway Falls WWTP William Royal PO Box 778 Pisgah Forest, NC 28768 SUBJECT: NPDES Permit Annual Fee NPDES Permit NC0052O43 Transylvania County Dear Mr. Royal: Dee Freeman Secretary All permittees operating under a NPDES Permit must pay an Annual Administration Fee. For calendar year 2007 it appears that your annual fee amount of $715.00 is past due. Please submit payment as indicated below within thirty days receipt of this notice. Failure to remit payment will require that this matter be referred for collection. Please make checks payable to NC DENR; please include your NPDES permit number on the, check. Send the annual fee payment to: 'Fran McPherson Annual Administering and Compliance Fee Coordinator 1617 Mail Service Center Raleigh, NC 27699-1617 If you have evidence that this fee has already been paid, please contact Mrs. McPherson at 919/807-6321. Sincerely, % S� v\ Bob Guerra Western NPDES Program cc: Fran McPherson DWQ/SWP Central Files WLt5,All na1tGffcp/ Roger Edwards Permit file 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 Phone: 919-807-6300 \ FAX: 919.807-6495 \ Customer Service: 1-877-623-6748 Internet: www.ncwaterquality.org An Equal Opportunity \ Affirmative Action Employer MAR 1 3 2009 WATER QUALITY SECTION ASHEVILLE REGIONAL OFFICE One NorthCarolina Naturally �OF \NArF9Q Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources f r Coleen H. Sullins, Director Division of Water Quality Asheville Regional Office rzi.>M+. A..v+.e]rsMgw_fF?a4b1..k44a,:Y�';i•}[.,�,1(CiR, SURFACE WATER PROTECTION SECTION July 20, 2007 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7006 3450 0002 7064 8587 7006 3450 0002 7064 8587 Mr. Thomas Marsalona Toxaway Falls Inc. U 115 US Hwy 64 W o Leicester, NC 28748 w w.. �.L .1 Q C N Dear Mr. Marsalona: A review of Toxaway Falls WWTP's monitorin a violations: co 3 0 Parameter Date Limit Valu Fecal Coliform, membrane filter, M-FC Broth at 44.5 degrees Celcius 04/17/07 400 colonies PE 100 ml North Carolina Division of Water Quality Internet: www.ncwaterguality.org 2090 US Hwy 70; Swannanoa, NC 28778 Phone (828) 296-4500 Customer Service 1-877-623-6748 FAX (828) 29977043 Mr. Thomas Marsalona Toxaway Falls Inc. Page 2 of 2 July 20, 2007 Remedial Actions: Remedialactions, if not already implemented, should be taken to correct any problem(s). The permittee or operator is required to submit comments regarding noncompliance on the relevant monthly discharge monitoring report (DMR). If the comments provided an adequate explanation for the subject violation, it is not necessary to submit any further response. However, if corrective actions taken were not provided on the DMR or if you have additional comments_ or information concerning the violation(s), please submit them to Wanda Frazier of this office. Technical Assistance: The Asheville Regional Office has a Wastewater Treatment Plant Consultant available for technical assistance to wastewater treatment plants (WWTP) and collection systems with operational concerns. This service is free and non -regulatory to assist in the identification and correction of op -'rational problems. This service can be utilized for optimization of the operation of WWTPs and collection systems. Should you have questions about this service, please contact Don Price at 828- 296-4500 extension 4656. Special Order By Consent: The Division. of Water Quality may pursue enforcement actions for this and any additional violations. If the violations are of a continuing nature and not related to operation and / or maintenance problems, you may apply for a Special Order by Consent (SOC). To be eligible, you will be required to take corrective actions while implementing construction activities and pay a stipulated upfront civil penalty. You may contact Jim Reid of this office for SOC additional information. If you should have any questions, please do not hesitate to contact me or Wanda Frazier in the Asheville Regional office at 828-296-4500. Sincerely, Roger C. Edwards, Regional Supervisor Surface Water Protection Section cc: Bob Guerra, Western NPDES Point Source Compliance Enforcement DWQ Central Files Wesley Royal, ORC AIA-CC4 A74L) RCDENR- North Carolina Department of Environment and Natural Resources Division of Water Quality Michael F. Easley, Governor William-G. Ross, Jr., Secretary `..Alah'i W.'KlimeK; P.E., Director April 5, 2007 . ; E C �/] a ---U— i CERTIFIED MAIL RETURN RECEIPT REQUESTED APR 1 2 2007 .x. f I William W. Royal Toxawa Falls, Inc, WATER QUALITY SECT?,)!') rt. y -- P.O. Box 778 P.SHEVILLE RE 10^..L ' -: E Pisgah Forest, NC 28768 Subject: Notice of Violation Failure to Submit Renewal Application NPDES Permit NCO052043 Toxaway Falls WWTP Transylvania County Dear Permittee: The subject permit's expiration date is August 31, 2007. Federal [40 CFR 122] and state (15A NCAC 2H.0105(e)) regulations require that an application for permit renewal be fi}4d at least 180 days prior to expiration of the current permit. To satisfy this requirement,iyour renewal package should have been sent to the Division postmarked no later than March 4, 2007. ' As of this date, the Division has not received your renewal application. This is a violation of Part 11. B.10. of your permit, which states "Any permittee that 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.". To prevent an assessment of civil penalties you must submit a completed permit application (see enclosed forms) no.later than April 20, 2007. Use the enclosed checklist to complete your renewal package. The checklist identifies the items you must submit with the permit renewal application. If all wastewater discharge from your facility has ceased and you wish to rescind this permit [or if you have any questions] please contact Charles H. Weaver of my staff. His telephone number, fax number and e-mail address are listed at the bottom of this page. Sincerely, Alan W. Klimek, P.E. cc: Central Files s 1evi!ll - "* a [Ciffice, Mrface : is e Prote�tionr NPDES File 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 One 512 North Salisbury Street, Raleigh, North Carolina 27604 NorthCarohna Phone: 919 733-5083, extension 511 / FAX 919 733-0719 / Internet: h2o.enr.state.nc.us charles.weaver@ncmail.net Naharailff An Equal Opportunity/Affirmative Action Employer — 50% Recycled/10% Post Consumer Paper Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality SURFACE WATER PROTECTION SECTIO February 19, 2007 Tom Marsalona Toxaway Falls Inc. 115 US Highway 64 West Lake Toxaway, NC 28748 Dear Mr. Marsalona: Enclosed please find a copy of the inspection conducted on February 14, 2007. permit NC0052043. Asheville Regional Office SUBJECT: Compliance Evaluation Inspection Toxaway Falls WWTP Permit number NCO052043 Transylvania County Compliance Evaluation Inspection form from the The facility was found to be in compliance with 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. Enclosure cc: Wesley Royal, ORC Central Files aZMRWLIff� Sincerely, d Wanda P. Frazier Environmental Specialist NorthCarolina Nafiaallr# 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 EPA/► Washington, D,C. 20460 Form Approved. r!'! 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 1 NJ 2 151 3I N00052043 111 12I 07/02/14 117 181 rl 191 S1 20I J 1- L_ Remarks 21111111IIIIIIIIIIIIIIIIIIIIIIIII11111IilllilIII6 Inspection Work Days Facility Self -Monitoring Evaluation Rating B1 QA --- -------- -------------- Reserved --------------- ----- 67I 1. 0 169 701 31 71 I I 721 NJ 73 I I 174 751 I I I I I I 180 �LJ Section B: Facility Data Name and Location of Facility Inspected (For Industrial Users discharging to POTW, also include POTW name and NPDES permit Number) Entry Time/Date Permit Effective Date Toxaway Falls WWTP 02:25 PM 07/02/14 03/02/01 115 U S Hwy 64 W Exit Time/Date Permit Expiration Date Leicester NC 28748 03:15 PM 07/02/14 07/08/31 Name(s) of Onsite Representative (s)lTitles(s)/Phone and Fax Number(s) Other Facility Data William Wesley Royal/ORC/828-884-9557/ Name, Address of Responsible Official/Title/Phone and Fax Number Contacted William Wesley Royal,PO Box 778 Pisgah Forest NC 28768//828-884-9537/No Section C: Areas Evaluated During Inspection (Check only those areas evaluated) Permit ® Operations & Maintenance ■ Records/Reports ® Self -Monitoring Program Facility Site Review ■ Effluent/Receiving Waters Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s) and Signature(s) of Inspector(s) G Agency/Office/Phone and Fax Numbers Date �S Wanda P Frazier ARO WQ//828-296-4500 Ext.4662/ 14 Signature of Management Q ApReviewer Agency/Office/Phone and Fax Numbers Date EPA Form 3560-3 (Rev 9-94) Previous editions are obsolete. Page # 1 NPDES yr/mo/day Inspection Type 3I NCO052043 I11 12I 07/02/14 1 17 18 CI (cont.) Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) A review of the files indicates that the last compliance evaluation inspection was conducted on 11-17-2007 by Jim Reid & Starr Silvis. The permit expires on 8-31-2007, please request a permit renewal 6 months prior to expiration. The aeration basin process control data was as follows on the day of the inspection. Temperature = 6 degrees Celcius Dissolved Oxygen = 4.1 mg/I Tip: The ideal level for dissolved oxygen in the aeration basin is generally 1 to 3 mg/I. Seasonal changes in temperature require the adjustment of the aeration timer to achieve ideal dissolved oxygen levels. Settleable Solids = 750 ml/I = 75% Tip: Using the settleability test, the return sludge pumping rate is usually set so that the flow rate is approximately equal to the percentage volumes occupied by the settleable solids from the aeration basin after settling for 30 minutes in a settleometer. For example, a settleability of 30% would generally indicate a recommended return sludge pumping rate of 30%. Having the percent settleable solids (i.e. 30%) the same as the percent return sludge pumping rate (i.e. 30%), allows for the solids balance in the plant to be maintained. If the plant cannot handle that return sludge pumping rate, then wasting is probably recommended. pH = 7.5 units The effluent data was as follows on the day of the inspection. Dissolved Oxygen = 4.7 mg/1 Temperature = 7.1 degrees Celcius Chlorine = 1.8 mg/I pH = 7.4 units Wesley Royal, the contract operator, was on -site during the inspection. The effluent appeared to be clear, indicating compliance with permit limits. This facility appears to be well operated and maintained. The operator, is doing a good job. Page # 2 Y Permit: NCO052043 Inspection Date: 02/14/2007 Owner - Facility: Toxaway Falls WWTP Inspection Type: Compliance Evaluation Permit (If the present permit expires in 6 months or less). Has the permittee submitted a new application? Is the facility as described in the permit? # Are there any special conditions for the permit? Is access to the plant site restricted to the general public? Is the inspector granted access to all areas for inspection? Comment: Mode of operation Type of aeration system Is the basin free of dead spots? Are surface aerators and mixers operational? Are the diffusers operational? Is the foam the proper color for the treatment process? Does the foam cover less than 25% of the basin's surface? Is the DO level acceptable? Is the DO level acceptable?(1.0 to 3.0 mg/1) Comment: Secondary Clarifier Is the clarifier free of black and odorous wastewater? Is the site free of excessive buildup of solids in center well of circular clarifier? Are weirs level? Is the site free of weir blockage? Is the site free of evidence of short-circuiting? Is scum removal adequate? Is the site free of excessive floating sludge? Is the drive unit operational? Is the return rate acceptable (low turbulence)? Is the overflow clear of excessive solids/pin floc? Is the sludge blanket level acceptable? (Approximately'/< of the sidewall depth) ®❑❑❑ ■❑❑❑ ®❑❑❑ ■n❑❑ ■000 ® ❑ ❑ ❑ ❑n■❑ Page # 3 Permit: NCO052043 Inspection Date: 02/14/2007 Secondary Clarifier Comment: Disinfection -Tablet Are tablet chlorinators operational? Are the tablets the proper size and type? Owner - Facility: Toxaway Falls WWTP Inspection Type: Compliance Evaluation Yes No NA NE Yes No NA NE ■❑n❑ 1 Number of tubes in use? Is the level of chlorine residual acceptable? ■ ❑ ❑ ❑ Is the contact chamber free of growth, or sludge buildup? ■ ❑ ❑ ❑ Is there chlorine residual prior to.de-chlorination? ■ ❑ ❑ ❑ Comment: Operations & Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? ■ ❑ ❑ ❑ Does the facility analyze process control parameters, for ex: MLSS, MCRT, Settleable Solids, pH, DO, Sludge ■ ❑ ❑ ❑ Judge, and other that are applicable? Comment: Page # 4 ;,fiS��'SXyw.u"aNwa±rjr d�darr`:°lt^ x' Michtel illi tn, RoS�g°�rs'5'ecfa North Carolina Department of Ei 1YoHment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality Asheville Regional Office SURFACE WATER PROTECTION SECTION January 12, 2007 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7005 1820 0002 9207 3819 Mr. Thomas Marsalona Toxaway Falls, Inc. 115 U. S. Hwy. 64 W Lake Toxaway, North Carolina 28748 Subject: NOTICE OF VIOLATION NOV-2007-LV-0031 Permit No. NCO052043 Toxaway Falls WWTP Transylvania County Dear Mr. Marsalona: A review of Toxaway Falls WWTP's monitoring report for August 2006 showed the following violations: Parameter Date Limit Value Reported Value Limit Type Fecal. Coliform MF, 08/28/06 400 600 #/100ml Daily M-FC Broth @ #/100mi, Maximum 44.5 degrees Celsius Exceeded 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. 2090 U.S. Highway 70, Swannanoa, N.C. 28778 828/296-4500 (Telephone) 828/299-7043 (Fax) Customer Service 877-623-6748 No'L' Carolina Xaturalltl Mr. Thomas Marsalona Toxaway Falls, Inc. January 12, 2007 Page 2 of 2 It was also noted that the box on the reverse of the DIVIR was marked "Compliant," when in fact it should have been marked "Non -Compliant." To prevent further action, carefully review these violations and deficiencies and respond in writing to this office within 10 working days of receipt of this letter. You should address the.causes of non- compliance and all actions taken to prevent the recurrence of similar situations. If you should have any questions, please do not hesitate to contact Janet Cantwell at 828-296-4500, extension 4667. The Asheville Regional Office currently has on staff a Wastewater Treatment Consultant to offer technical assistance to Wastewater Treatment Plants and Collection Systems with operational concerns. This service is free and non -regulatory to assist in the identification and correction of operational problems. This service can be utilized for optimization of the operation of WWTP and/or Collection Systems. Should you have questions about this service, please contact Don Price at 828-296-4500, extension 4656. Sincerely, Roger C. Edwards, Regional Supervisor Surface Water Protection Section �+�°: � Asheville �i'les WQ Central Files Enforcement Files, Bob Guerra William Royal/Royal Water Works, ORC NPDES PERMIT NO. N00062043 FACILITY NAME TOXAWAY FALLS OPERATOR IN RESPONSIBLE CHARGE (ORC) CERTIFIED LABORATORIES(1) ETS v 2 _ CHECK BOX IF ORC HAS CHANGED PERSON(S) COLLECTING SAMPLES Mail ORIGINAL and ONE COPY to: of ATT; CENTRAL FILES DIVISION OF WATER QUALITY x EFIOENT DISCHARGE NOJ ' 001 MONTH E Class II William ebyal GRADE AUGUST YEAR 2006 COUNTY Transylvania III PHONE 828-884-9537 WES ROYAL 9121 /2006 9 617 MAIL SERVICE CENTER (SIGNATURE OF OPERATOR IN RESPONSIBLE CHARCE) DATE RALEIGH, NC 27699-1617 BY THIS SIGNATURE, I CERTIFY THATTHISREPORT \IS (� ACCURATE ANE COMPLETE TO TH4% 1RNCt36EDGE; =;.•ss:. siJ'C::T,:. Q, 6.. 2Q.0 , W O L o U O V N o 0 cce 0 o m Ct o 50050 00310 00610 00530 31616 00400 Flow V 4 N C m $ � a m CDD m 3 a r- O U Q LL = CL T '' D AS O"(' ATER C E�✓IL —in.IL� LIALITY S-; -,�; v,ln a"" m - T ION _ -•. I hi t Eff ❑ W ~ a MG/L MG/L MG/L GEO MEAF UNITS HRS HRS Y/B/N MGD Weekly 2/Month Weekly Weekly WEEKLY u 2 1005 0015 Y 0.003 SEW 4 11235 0015 Y 0.004 '� e.. q�: 1 .w„:?. he {.1� u� 0 0� ., .c:-�x„< _ ,.<,..-. .,..� ,;`• .:^., .:- :.;..:: 1., ..^�. ,,. '£.: J y '� I,7 '��^f* - h ,::it,.._ ? ;i 6 0.003 % Igo gog m '40 Om :. gummu e:?w m tl; , ; 7 _ 777M 3l a 8 0905 0010 Y 2 0.41 2.4 1 6.8 v 9,r. 0955 00 r .,,.a /0�.h00T2f t? 0 VOG . B, u t _... 10 1140 0015 Y 0.003 003 , ti a n h, a „' 12 1 1 1 0.002 K�, ELL I ,. 7 L:,i` 14 1130 0015 Y 0.002 16 0820 0010 Y 0.002 7— 5 Mx .. r,. )i4 i1 C t J T11 b 18 0920 0015 Y 0.002 20 0.002 4100 Y, r 3 Q 002=m2maREM-5,777.A ^a e . „_. ,. rk , _. v k.s x_ r. 22 0900 0010 Y 0.002 E 2 2.4 C.1 6.8 24 0935 0010 Y 0.002 11U5 26 0.003 J sN " - !7 2810900 0015 Y 0.003 G 2 2.6 7600 , 69 [.ja Q. Ind .6 �§ OO Y,O S., �,�r .." 0.�04:: ,.ra-x,:i sr ,..a '1::, r S. .:z"H, .��.,�.i . ...1 Z.,:u t'`c - 1�ii`. 1� >S�Y,S.:Irak Lf ,,. <,. 'J3 T, T... 1:`51.. �'i# ,� k11+. k^, h'c 'S1r .�ia"Nf�...."M} ti'.. 6�^ :v;i. C41.i 30 1120 0015 Y 0.003 3 AVERAGE 0.003 L 2.0 0.26 2.46 2.90419 '"T !1lP1XI1dUM ° .. , Oi004't ? �0' QR LEE EE MINIMUM 0.002 f 2.0 0A 2.4 Ll 6.8 Monthly Llmlt/WeeklyUrnIt 0.09 30/45 1 1 30/45 n„'., ;_; -0_ 200/400 6.0-9.0 V"� L V - 00 -3 Facility Status: (Please Check one of the following) All monitoring data and sampling frequencies meet permit requirements All monitoring data and sampling frequencies do NOT meet permit requirements " I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a systems 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." Royal Water Works, Inc PO Box 778 Pisgah Forest, NC 28768 Permittee (Please pint or type.) Signature of Permittee** William W. 9/21 /2006 Date Compliant F-1 Noncompliant Permittee Address Phone Number 828-884-9537 August, 31,2002 Permit Exp. Date 00010 Temperature 00076 Turbidity 00086 Color (Pt -Co) 00082 Color (ADMI) 00095 Conductivity 00300 Dissolved Oxygen 00310 80136 00340 COD 00400 pH 00530 Total Suspended Residue 00545 Settleable Matter 00556 Oil & Grease 00600 Total Nitrogen 00610 Ammonia Nitrogen 00065 Total Kjeldhal Nitrogen 00630 NitrateslNitrites 00665 Total Phosphorous 00720 Cyanide 00745 Total Sulfide 00927 Total Magnesium 00929 Total Sodium 00940 Total Chloride PARAMETER CODES 00951 Total Fluoride 01002 Total Arsenic 01027 Cadmium 01032 HexavalentChromiui 01034 Chromium 01037 Total Cobalt 01042.Copper 01045 Iroh 01051 Lead 01067 Nickel 01077 Silver 01092 Zinc 01105 Aluminum 01147 Total selenium 31616 Fecal Coliform 32730 Total Phenolics 34235 Benzene 34481 Toluene 38260 MBAs 39516 PCBs 50050 Flow Parameter Code assistance may obtained by calling the Water Quality Compliance Group at (919) 733-5083, extension 581 or 534. The monthly average for fecal coliform is'to be reported as a GEOMETRIC mean. Use only units designated in the reporting facility's permit for reporting data' * ORC must visit facility and document visitation of facility as required per 15J NCAC 8A .0202 (b) (5) (8). *" If siged by other than the permitee, delegation of signatory authority must be on file with the state per 15A NCAC 2B .0506 (b) :(2) (D), 5DD60 Total Residual Chlorine 71880 Formaldehyde 71900 Mercury 81551 Xylene �, S.. c3z, ��.:�t:t•axu:�cAu�,hxr,v�..;xM..-�;re� � �rsrz.;.;:h_.._. Michael F. Easley Governor,- Williarl KOSS Jr. Sec Mary so North Carolina Department onmeny atural eso +rces Alan 4/V.mKlimek, P E Director Division of Water Quality "` Asheville Regional Office SURFACE WATER PROTECTION January 4, 2006 William Wesley Royal Toxaway Falls Inc PO Box 778 Pisgah Forest NC 28768 SUBJECT: November 17, 2005 Compliance Sampling Inspection Toxaway Falls Inc Toxaway Falls WWTP Permit No: NCO052043 Transylvania County Dear Mr. Royal: Enclosed please find a copy of the Compliance Sampling Inspection form from the inspection conducted on November 17, 2005. The Compliance Sampling Inspection was conducted by James R Reid of the Asheville Regional Office. The facility was found to be in Compliance with permit NC0052043. Please refer to the enclosed inspection report for additional observations and comments. If you or your staff have any questions, please call me at 828-296-4500 Ext.4651. Sincerely, James R Reid Enclosure cc: William Wesley Royal, ORC Thomas Marsalona Deedy Cammack Central Files AsheyiIll e.F_Iles Noe Carolina �tura!!11 2090 U.S. Highway 70, Swannanoa, NC 28778 Telephone: (828) 296-4500 Fax: (828) 299-7043 Customer Service 1 877 623-6748 m United States Environmental Protection Agency Form Approved. E P n Washington, D.C. 20460 /'1 OMB No. 2040-6057 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 iql 2 15I 31 NCO052043 Ill 121 05/11/17 117 181 SI 19I I 20Lj Remarks 211 1 1IIIIIIIIIIII11111IIII IIII IIII IIII IIIIIIII III6 Inspection Work Days Facility Self -Monitoring Evaluation Rating B1 QA --- ------------------ Reserved -------- ---------- 67I 169 70I 3 I 711 I 721 to I 73I I 174 751 I I I I I I 180 w Section B: Facility Data Name and Location of Facility Inspected (For Industrial Users discharging to POTW, also include Entry Time/Date Permit Effective Date POTW name and NPDES permit Number) Toxaway Falls F9t^;TP 12:40 PM 05/11/17 03/02/01 Exit Time/Date Permit Expiration Date 115 0 S Hwy 64 W Leicester NC 28748 01.00 PM 05/11/17 07/08/31 Name(s) of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data William Wesley Royai/0RC/828-884-9557/ Name, Address of Responsible Official/Title/Phone and Fax Number Contacted William Wesley Royal,PO Box 778 Pisgah Forest N0 28768//328-884-9537/ No Section C: Areas Evaluated During Inspection (Check only those areas evaluated) Permit ■ Flow Measurement Operations & Maintenance ■ Records/Reports Self -Monitoring Program Sludge Handling Disposal Facility Site Review Effluent/Receiving Waters Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) (See 'attachment summary) Name(s) and ture(s) of Inspector(s) _ (f/) ARO �rIQ//328-296-4500 Ext.4651/ Agency/Office/Phone and Fax Numbers Date James R R ✓�-�� C/� � - om- - i Starr Silvis ARO WQ//820-296-4500/ Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date i u EPA Form 3560-3 (Rev 9-94) Previous editions are obsolete. Page # 1 h N f NPDES yr/mo/day Inspection Type 1 3I NC005 043 I11 12I O'S/11 /17 117 18I S I Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) Extremely low flow; flow meter had been removed and sent for repair. Operation and maintenance were situationally adequate. Effluent Sample Results: Parameter Sample Result Permit Limit BOD 6.5 mg/I 30.0 mg/I TSS 28.0 mg/1 30.0 mg/l Fecal 200.0 counts 1.0 count Page # 2 Permit: NCO052043 Inspection Date: 11/17/2005 Owner - Facility: Toxaway Falls VVVVTP Inspection Type: Compliance Sampling 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: Permit Yes No NA NE (If the present permit expires in 6 months or less). Has the permittee submitted a new application? ■ ❑ n n Is the facility as described in the permit? ■ n n n # Are there any special conditions for the permit? CI ■ n n Is access to the plant site restricted to the general public? ❑ ■ Is the inspector granted access to all areas for inspection? ■ ❑ ❑ n Comment: Facility is located deep inside the development. Page # 3 - PRIORITY S AMPLE TYPE ,.!,•' JEIi BASIN ��.'y- f�nJJ!/� f¢ / PORT TO: ARO FRO MRO RRO WaRU 1VIR0 WSRO TS ❑AMBIENT ElQA ❑ STREAM ,® EFFLUENT BM her LnJCOMPLIANCE ❑ CHAIN. ❑ LAKE ❑ INFLUENT pped by: Bus Courier, Staff Other ❑EMERGENCY OF CUSTODY ❑ESTUARY LLECTOR(.S): .je t Lab Number: Date Received: �! '!-�"i j Time: j i ..:�;= Rec'd by. 4;Vt j From: Bus-Courier)iand Del DATA ENTRY 8Y: jM CK: J A-j DATE REPORTED- i'Z? limated BOD Range: 0-5/5-25/25-65/40-130 or 100 plus STATION LOCATION: � � f+'�(J V / 7�Z zd: Yes ❑ No ❑ Chlorinated: Yes ❑ No ❑ REMARKS: Ilion {7 _ Date Begin�,-!�/dd)me Begin Date End Time End De th, DM DB DBM Value T AICn ^-� 'rP �/ Type site, Sample ype G� A H L T S ,B C �G�,GNXX 1 BOD5 mg/I 2 COD I 340 mg/I 3 j310 COD L335mg/l 4 i CollforMF Fecalj.04 /loom] 5 CollforblF Total /loom] 6 Collform: Tube Fecal 31615 /100ml Collform: Fecal Strep 31673 /loom] 8 Residue: Total 500 mg/l 9 Volatile 505 mg/l 10 Fixed 510 mg/l 11 Residue: Suspended 530 mg/I 12 Volatile 535 mg/l 13 jpH Fixed 540 mg/1 14 403 units 15 Acidity to pH 4.5 436 mg/f 16 Acidity to pH 8.3 435 mg/l 17 Alkalinity to pH 8.3 415 mg/l 18 Alkalinity to PH 4.5 410 mg/l l9 TOC 680 mg/l ,0 Turbidity 76 NTU Chloride 940 mg/I Chi a: Trl 32217 ug/l Chi a: Corr 32209 ug/I Pheophytin a 32213 ug/1 Color: True 80 Pt -Co Color:(pH ) 83 ADM] Color: pH 7.6 82 ADMI Cyanide 720 mg/l Fluoride 951 nrg/I Formaldehyde 71880 mg/l Grease and Oils 556 mg/l Hardness Total900 mg/I Specific Cond. 95 2 uMhos/cm DiBAS 382 00 mg/I Phenols 32730 ug/I Sulfate 945 mg/l Sulfide 745 mg/I NH3 as N 610 mgA TKN as N 625 mg/I NO2 plus NO3 as N 630 mg/I P: Total as P 665 mg/1 PO4 as P 70507 mgA P: Dissolved as P 666 mg/l Cd-Cadmium 1027 ugA Cr-Chromlum:Total1034 ug/1 Cu-Copper 1042 ug/l Ni-Nlckel 1067 ug/I Pb-Lead 1051 ug/l Z.-Zinc 1092 ug/l Ag Sliver 1077 ug/l AI -Aluminum 1105 ug/I Be-Berylllum 1012 ug/I Ca -Calcium 916 mg/I Co -Cobalt 1037 ugA Fe, iron 1045 ugn Li -Lithium 1132 ug/I Mg -Magnesium 927 mg/l Mn-Manganese 1055 ug/l Na-Sodium 929 mg/l Arsenic:Total 1002 ug/l Se -Selenium 1147 ug/l Hg-Mercury 71900 ug/l Organochlorine Pesticides Organophos-:twrus Pesticides ' I I Acid Herbicides I IBase/ Neutral Extractable Organics Acid Extractable Organics Furgeable Organics (VOA bottle reg'd) I I I Phytoplenkton fling Point Conductance at 25 C Water Temperature (C) D.O. mgA pH Alkalinity PH 833 pH 4.5 Acidity pH 4.5 Air Temperature (C) PH 8.3 94 Salinity % 10 300 Precipition a./da) Cloud Cover y 400 . Wind Direction (peg) 82244 431 Stream Flow Severity Turbidity Severity 82243 82242 20 Wind Veloclty M/11 can Stream Depth it. Stream Width ft. 480 45 32 36 1351 1350 35 64 4 O 1 n/86 'sue 7 91 E nAn water Quality ^eCtion = MAY /, Asheville Regional 0-ice Asheville, North Carolina State of North Carolina Department of Natural Resources and Community Development Division of Environmental .Management 512 North Salisbury Street 0 Raleigh, North Carolina 27611 James G. Martin, Governor R. Paul Wilms April 21., 1988 S. Thomas Rhodes, Secretary Director Mr. Tom Marsalona, President Toxaway Falls, Inc. #115 U.S. Highway, 64 West Lake Toxaway, N.C. 28747 SUBJECT: Permit No. 16090 Toxaway Falls, Inc. Toxaway Falls Sewer Collection Transylvania County Dear Mr. Marsalona: • In accordance with your application received December 15, 1986, we are forwarding herewith Permit No. 16090, dated April 21, 1988, to Toxaway Falls, Inc. for the construction and operation of the subject wastewater collection syst:ei. extensions. This permit shall be effective from the date. of issuance until rescinded, and shall be subject to the conditions and limitations as specified therein. 11' any parts, requirements, or limitations contniiie.d in this permit are unacceptable to you, you have the right to req-tiest an adjudicatory hearing upon written request within 30 days following receipt of this permit. This request must be in the form of a written petition, conforming to Chapter 150B of North Carolina General Statutes, and filed with the Office of Administrative Hearings, Post Office Drawer 1.1.666, Raleigh, North Carolina. 27604. Unless such demands are made this permit shall be final and binding. One (1) set of approved plans and specifications is being forwarded to you. If you need additional information concerning this matter., please contact Mr. William Barlow, telephone No. 91.9/733-5083, ext. 137. Sincere Tv. R. Paul Wilms cc: Transylvania County Health I;i^pa;:tmEmut William Lapsely & Associ-ate- Dennis R. Ramsey Pollution Prevention Pars P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-7015 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DEPARTMENT OF NATURAL RESOURCES AND COMMUNITY DEVELOPMENT RALEIGH P E R M I T For the discharge of Sewage, Industrial'Wastes, or Other Wastes In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other applicable Laws, Rules, and Regulations PERMISSION IS HEREBY GRANTED TO Toxaway Falls, Inc. Transylvania County FOR THE construction and operation of approximately 1,125 linear feet of 2-inch force main, • 3,450 linear feet of 3-inch force main, (27) twenty-seven 50 GPM pump stations equipped with simplex grinder pumps, 700 gallon pump tanks and high water alarms and (8) eight 50 GPM pump station equipped with duplex grinder pumps, 2000 gallon pump tanks and high waters alarms to serve Toxaway Falls and the discharge of the collected domestic wastewater into Toxaway Falls sewerage system pursuant to the application received December 5, 1986, and in conformity with the project plan, specifications, and other supporting data subsequently filed and approved by the Department of Natural Resources and Community Development and considered a part of this permit. This permit shall be effective from the date of issuance until rescinded, and shall be subject to the following specified conditions and limitations: 1. This permit shall become voidable unless the facilities are constructed in accordance with the approved plans, specifications and other supporting data. 2. This permit is effective only with respect to the nature and volume of wastes described in the application and other supporting data. 3. The facilities shall be properly maintained and operated at all times. 4. The sewage and wastewater collected by this system shall be treated in the Toxaway Falls Wastewater Treatment Plant prior to being discharged into the receiving stream. is5. This permit is not transferable. 6. Construction of the sewers shall be so scheduled so as not to interrupt service by the existing utilities nor result in an overflow or bypass discharge of wastewater to the surface waters of the State. 7. Upon completion of construction and prior to operation of this permitted facility, a certification must be received from a professional engineer certifying that the permitted facility has been installed in accordance with the approved plans and specifications. Mail the certification to the Permits and Engineering Unit, P.O. Box 27687, Raleigh, N.C. 27611-7687. 8. The Permittee shall provide for the pump station and force main the following items: a. Pump-on/pump-off elevations located so that 2-8 pumping cycles may be achieved per hour in the pump station. b. An air relief valve located at all high points along the force main. c. A screened vent for the wet well. d. Fillets located in the wet well at the intersection of the flooring and sidewalls. e. Three (3) feet of cover (minimum) over the force main or the use of ferrous • material where three (3) feet cannot be maintained. f. Sufficient devices which will protect the pump station from vandals. g. Flood protection if the pump station is located below the 100-year flood elevation. Permit issued this the 21st day of April, 1988. Permit No. 16090 • NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION R. Paul Wilms, Director Division of Environmental Management By Authority of the Environmental Management Commission 's Certification 1 as a duly registered Professional Engineer in the State- of North Carolina, hereby certify that construction of these permitted facilities has been completed in accordance with the approved plans and specifications. Signature Registration Number Date Permit No. 16090 0 0 North Carolina Department of Environmental Quality 0)i"'�^ Division of Water Resources calved by Water Quality Regional Operations Section IL t� 2090 U.S. Highway 70 Mrinanoa, North Carolina 28778 ldeli �1Y�ad 1"'2 Lst e m �9ent / c Tom Maholias, POA President 'Nee Toxaway Falls POA Inc , Post Office Box 270 Lake Toxaway, NC 28747-0270 III11111111111111I'111111111111111'11I1J1'1111IOr11111111"1 ❑ Addressei e) Pe'of Delivery 6n26 m item 1?6°0 Yes �ss below:tiO p No c � II �'�IIIII IIII III I I I I I I I IIII II IIII IIIIII I I I I III ❑ AdulltSi�uie,ResMcted Delivery ❑ RegisteredlMall Restrict( ertifled Mail® Delivery 9590 9403 0672 5195 9591 54[]-Certified Mail Restricted Delivery /j�Return Receipt for ❑ Collect on Delivery v `Merchandise O Collect on Delivery Restricted Delivery ; Signature Confirmation' _._Qrticlelyumb@r Clransfe_r;•from sdrio a (abe/� s , �,,,e .Mail q O Signature Confirmation 7 1!: :; • ::: RestrictedD 2� 101 d' odd 2 ' 9 6 5. 6 _ I\ D'II Restricted Delivery i °4( n i Aniil 7fli ri PRIU 7530=02-000.`-9053`M U V - 2 vl iP- Li'r1-UDtI Domestic Return UNITED STATESk.POS SEW169E First -Class Mail Postage & Feesle USPS -Permit No. G-10 .f • Sender: Please print your name, address, and ZIP+4® in this box* � --- JANET CAtlTWELL �- NCOEO-OWR-WOROS 2090 U.S. HIGHWAY 70 I - SWANNANOANC 28778 USPS TRACKING# � a9�1a►�'p�96���1�lra�h��lJ�ltliilj� 959❑ 9403 0672 5196 9591 54 ■ North Carolina Departrr�._- ';!vironmental Quality Io11N Division of Water Resou Ms Receive Water Quality Regional Operations Section �R 2090 U.S. Highway 70 Swannanoa, North Carolina 28778 deli z �- ✓ f Yw Tom Maholias, POA President Toxaway Falls POA_- Post Office Box 270 Lake Toxaway, NC 28747-0270' e n _>., 1 >, Q Agent C. Date of Deliver) ress different Item 17 ❑ Yes delivery Wdf�elow: qNo 1a"N �eo`or���\O�t o'p — jI If II rI I --- s:�servic�Type`r - r El Priority Mail Express® r II I Il�lll I'll III I I I I I l I IIII ll II'I'It� II II' I �ll ❑Adult Signature ❑ Registered MailT" ❑ dult Signature Restricted Delivery ❑Registered Mail Restricts Certified Mail® Delivery 9590 9403 0672 5196 959178 ❑ rtified Mail Restricted Delivery Return Recelpt for ❑ Collect on Delivery rchandise' ❑ Collect on Delivery Restricted Delivery ❑ Signature Confirmation 7—Adir_la-NumherlGansfecfroM,seGvice•1abQO q Mail ; t, I 4 Signature Confirmation t i i Restricted Deliver 70121 71 � A l � C] 019 ' 19 E15 6'�18 5 O;il Res$Icted Delivery PG Fnrm 3811. ADril 2015 PSN 7530-02-000-9053 Od OS •Domestic Return Fk5eipt UNITED STATES`P.,W8II�E� = w.V r�I First -Class Mail Postage & Fees USPS Permit No. G-10 • Sender: Please print your name, address, and ZIP+4® in this box• JANET CANTWELL �.NCDE" R-WGROS r 2090 U.S. HIGHWAY 70 SWANNANOA NC 28778 1 USPS TRACKING# t' i I fil2ll111111111all III�l��l�i�11�� 9590 94�3 ❑672 5196 9591 78 COMPLE TE THIS SECTIONo • ON DELIVERY ■ CAMete items 1, 2, and 3. Also complete A. Signat r6 �-Agent 'it if Restricted Delivery is desired. X ■ Print your name and address on the reverse - "—❑i A'ddress6 so that we can return the card to you. B. Received b rinte ame) ._ E. Date of `Deliver•, ■ Attach this card to the back of the mailpiece, or on the front iLsoac�Der.mits___ i ! r' -' Z North Carolina Depa�r�ment ofr7erentfrori item 1? i`El -Yes Environment and Natural Resources address below: I ❑ No 2090 U.S. Highway 70; Swannanoa, Nc 2878n V NCDENI� (r=- E THOMAS CD MARSALONA -q 9 3. Sey'ce Type WAY FALLS INC �certitifed Mailrn ❑ Express Mail.- IUS HIGHWAY 64 W egistered Return i— porMercb disi OXAWAY NC 28748 C ❑Insured Mai .o.D.___- 4. Restricied Delivery? (Extra Fee) Y 7005 1820 0002 9207 3819 /VoL . 2vb�J -�-✓ Gl� 3 1 nn 044 A `• i-...�._......L nnnn ! UNITED STATES POSTAL SERVICE First -Class Mail Sender: Please print your name, address, and ZIP+4 in'thils-, box 0 1 : t'