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HomeMy WebLinkAboutNC0059421_Regional Office Physical File Scan Up To 10/2/2020Facility information NPDES permit M NC0059421 Transylvania County Facility name: Sapphire Lakes WWTP # 1 WWTP class: II WWTP type: 0.025 MGD (0.3 MGD after A to C) extended aeration package WWTP consisting of: 12,500 gallon flow equalization basin with manual bar screen, 0.5 HP blower and dual high water alarms; single 25,000 gallon aeration basin with dual 3 HP blowers providing diffused air; clarifier with skimmer and sludge returns; 4000 gallon aerobic digestor; tablet chlorinator; 1000 gallon chlorine contact chamber; tablet dechlorinator; Stevens 61 R flow meter and 22.5 degree v-notch weir. (There is no emergency generator on -site.) Annual Average Flow: 0.008-0.009 MGD (estimate) Collection System: The wastewater generated by the development is collected and treated at WWTP # 1 package plant and WWTP # 2 septic tank sand filter system. There are — 5693 linear feet of 8-inch diameter gravity sewer and — 2700 linear feet of 2- and 3- inch force main collection system. Coll. System Permits: The Pinnacle - WQ0004013 (8-31-1990) for: 1121 linear feet of 8-inch gravity i sewer. Cottages @ #2 Fairway - WQ0000101 (8-17-1988) for: 1372 linear feet of 8-inch gravity sewer. Guest Quarters —15975 (3-25-1988) for: 46 gpm pump station with dual submersible pumps, - i 800 linear feet of 2-inch force main, 1900 linear feet of 3-inch force main River Club Villas (Tennis Villas) —13897 (10-29- 1986) for: 3200 linear feet of 8-inch gravity sewel Development: Consists of 1450 acres with private, second horn community with golfing, tennis and swimming. ; Phase 1 has 1000 acres with 590 lots, 84 multi- family/villa units, 8 guest quarters, and 80 seat clubhouse. Phase II has 450 acres and was soli to Burlingame (another developer) and is now managed by the POA. Everything there is all on septic systems. C��Ysed azvo - ��� i J Sludge Management: Commercial hauler to the City of Brevard's WWTP. WWTP location: 1600 US Hwy 64; Sapphire, NC 28774; Near Roundtop Mountain Responsible official: Aubrey Deaver (owner as of Dec `06) A&D Water Services, Inc.; PO. Box 1407; Pisgah Forest, NC 28768 Phone numbers 828-884-9772 Aubrey Deaver; A& D Water Services, Inc. 828-884-8632 " — fax (Ruth Whitmire) 828-507-9853 cell -cell 828-891-7779 Gary Norton @ HVL Water Plant (h) 128 Maple Hill Rd Penrose NC 28766-9711 Operator information Certified ORC & grade: Gary D. Norton — Grade II — Cert. # 21853 Back-up ORC & grade: Mike Walker — Grade II — Cert. # 993205 Permit information Date issued: 7-1-2007 Expiration date: 8-31-2012 Stream information Stream & river basin: Horsepasture River; Savannah River Basin Sub -basin: 03-13-02 Quad: Reid, NC Grid: G 7 SW Stream classification: C —Trout Drainage area sq mi: 23 Instream Waste Conc.: 3.3 % @ 0.025MGD Average stream flow: 85.1 cfs Summer 7Q10 cfs: 13.8 Winter 7Q10 cfs: 20.5 30Q2 cfs: 29.3 Other information Directions: The facilities (WWTP # 1 & # 2) are located off of US Hwy 64 (1600 US Hwy 64; Sapphire, NC 28774) at Sapphire Lakes, near Round Top Mountain. On -site representatives: 828-884-8491 828-577-0142 cell 828-966-9200 Scotty Ruff, Pks & Grds Supt. (naturalist) - onsite Scotty Ruff (Scotty@sapphirelakes.com) Cheri Jones, Adm. Asst. - on -site PO Box 130 Sapphire, NC 28774 Map b Future Villas / Area Practice Club Hous�_�� Area % Fairwayr j o ♦ _ " « / Villas 10 Future I Tennis Villas !► Future ��Villas 33 32 1ntenanc-�/ r-- 31 e . t Ik �'/46O r ' 13) + tip 29 41 (� � 28 27 zs 25 24 40 11 / 14 42 1 � 23 27 15 43 39 10 13 14 15 16 44 9 16 436 12 �' 17 t e Lake 45 0 . 35 36 i 37 1f1 21 e>CW_ -4 ' , ane 66 Jd 16 �ulll 36 • � 7 �:-�' Y 67 47 O �. 65 g G 19 39 48 35 48 45 44 43 42 40 64 zo j�5 - � j✓�27 4p 34 B 41 63 / 69 4 'Z If 22 5� 3 23 51- 2 �24 52_ 1 � � 2 5 .,rA 53 Visitors Center 5 55 ' 56 . 62 / 70 54 ' 57 4 `F/ 6, 71 3 SO 7�56 1 --i '72 �+. 52.51 89 3 \57S ./ 48 \ �J NZ 75 (DVS 47 \ay 77 78 S. Horse Pasture Riper 54' 55.56. J- 515a �i 60 � / 51 % fit 1 1 2 Future \ Development 42 39 4 5 �41.40 6!� r381 35 S•� �J 34• 7. �32T. 30�. 10 11 . 29 ,2 13 `c 13 27� �' 14 26� is �1 24 1723 A Q 18 }�22 \� 20� 211 +o 1. Lots circled are SOLD. 2. Lots on Rocky Ridge Road, Staircase Falls Road, Old Still Road and Boiling Springs Road LEGEND eo Enclosed within Dark Lines — To be opened in June, 1984. j3. Others — Future or now for sale. FOx P,O B& 130 as'.M -.110 MEW .4- Y 4X 19 VF 1A MA t4 - 14 ru thi. I "4 Ij '76 Ov LA '4 LIP A:. v OF NO , To Tl-.Ntf---N �i UNIP J."-i • 173"'WR " '.1 tit`' -%OF�•. ov A4 OWIA� 0 NO y znoo 10.1 El sapphire Lake Activities Map ff �looLdhd � / • 'V•• �•r �'a �e{=fir •,:fir ,��. � 1 wi ♦� �' 'F Mt All, f �. i E ry1 lore Map Future Villas I Practice Area Club ' e House Area ark Fairwayt Villas r Future Horse Pasture Rive r Te�'ii!LI \ Villas 54 58.59 55.58.g7• 80 - jLJ� fLll �► Future .53 �loop �♦ ; Villas !< 33 g 51 6 ra 32 -XI 49. 50- Future Maintenance . ♦ /p Isk 6 0 30 Are ■ 13 + t Or;G 29 - 47 Development 4 41 l 28 27 28 25 24 11 �' 40� 11 �_.1. 23 ��� ' 45 10 �' 15 43 39 +0 �, 13 14 15 18 21 3G�y,42 39 9 18 38 �12, 17 20 4 �41 . 40 Lake 34 O 17 45 0 37 a eXW 3S an CI 88 5 38 ' 37 �. y� 00 38 �13 Z3� O� 18 SogUiIl 38 •� 7 �•-r� 19 65 67 - 8 O S ��•-i�J � .34 8 y 19 487 35 �' 48 4s 44 43 40 9 84 / 7 8 \ �l 30�• Dunning Fix 20 5 - .\ I 21 40 34 8 41 83 / 89 9 10 4 2 5 33 5 SS ' 58 . 82 2y 70 12 11 \ 28 d' 3 �`/23 —5 32 i 4 u 57 71 '�• 2 c 24 52 31 3 58� 72 131�:` / 26 ���•� � 59 � 3 15 � 25� ••� 53 30 �� \' Visitors Ya 7879 IS Center Commorcia • 80 , �� Q .} ``) CJ •�,� � ak v 20 M +o ? 1. Lots circled are SOLD. LEGEND ,9 2. Lots on Rocky Ridge Road, Staircase Falls Road, Old Still Road and Boiling Springs Road — Enclosed within Dark Lines — To be opened in June, 1984. < 5 3. Others — Future or now for sale. o < Aubrey L. Deaver, President A & D Water Service, Inc P.O Box 1407 Pisgah Forest, NC 28768 Dear Mr. Deaver,, lC% Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources ''•'`ArT�'YY3;YYrcJif;sFJ.Si11C:m�.L�MFtna,a.v�.ms�au,.aK�Ra•+aA+ow@est�i'�••.'!" � ";'. Coleep fl. Sullins Director v -Division of Water Quality c October 1, 2007 h I I� 11 OCT - H 2O07 J I 7 WATER QUALITY SECTION ASHEVILLE REGIONAL OFFICE �..,re:v�nvra.'rro�scau�+s:a:Y�:o:r�,x uSaaxmxL:sac.*�aesw�;.izv Subject: Issuance of NPI5 Permit NCO059421 Sapphire Lakes Plant #1 WWTP . Transylvania County Division personnel have reviewed and approved your application for renewal of the subject permit. Accordingly, we are forwarding the attached NPDES discharge permit. This permit is issued pursuant .to the requirements of North Carolina General Statute 143-215.1 and the Memorandum of Agreement between North Carolina and the U.S. Environmental Protection Agency dated May 9, 1994 (or as subsequently amended). - This permit includes no major changes from the draft permit. sent to you on August 1, 2007. 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 Bob Guerra at telephone number (919) 733-5083, extension 539. Sincerely, �. Coleen H. Sullins cc: Central Files Aiheville Regional Office /-Surface Water Protection NPDES Unit _ NAo Carolina tura//y North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone (919) 733-7015 Customer Service Internet: www.ncwatergualitv.ore Location: 512 N. Salisbury St. Raleigh, NC 27604 Fax (919) 733-2496 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer-50% Recycled/10% Post Consumer Paper Permit NCO059241 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 143-2IS. 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, A & D Water Services, Inc. is hereby authorized to discharge wastewater from a facility located at the Sapphire Lakes Plant #1- WWTP U.S. Highway 64 at Sapphire Lakes near Round Top Mountain Transylvania County to receiving waters designated as Horespasture 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 November 1, 2007. This permit and authorization to discharge shall expire at midnight on August 31, 2012. Signed this day October 1, 2007. 0h Coleen H. Sullins, Director Division of Water Quality By Authority of the Environmental Management Commission Permit NCO059241 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. A & D Water Services, Inc. is hereby authorized to: 1. Continue to . operate an existing 0.025 MGD extended aeration package -type wastewater treatment system with the following components: 4 Flow. Equalization basin. ♦ Chlorination and ♦ Dechlorinatiori The facility is located near Round Top Mountain at Sapphire Lakes Plant # 1 off US Highway 64 at Sapphire in Transylvania County. 2. After receiving an Authorization to Construct from the Division of Water Quality, construct and operate a 0.30 MGD wastewater treatment facility, and 3. Discharge from said treatment works at the location specified on the attached map into the Horsepasture River, classified C - Trout waters in the Savannah River Basin. I . 4r,*,1 G I i% Lk IL A A & D Water Service, Inc. Sapphire Lakes Plant #1 WWTP Latitude: 35° 06' 20" N State Grid: Reid Longitude- 820 59' 12" W Permitted Flow: 0.300 MGD Receiving Stream: Hor;epasture River Drainage Basin: Savannah River Basin Stream Class: C - Trout Sub -Basin: 03-13-02 1. • 11 Facility Location not to scale NOYth NPDES Permit No. NC0059421 Transylvania County s1 Permit NC0059241 A. (1.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS During the period beginning on. the effective date of this. permit and lasting until expansion to 0.30 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: r. fiEEFFLUx �° ENT, 'k '_� w k ONITORING RE UI EMENTSj r yr Th q y>hkGk''cv1 �M 1- 1 aX„ 5+ ciT Yi "' 3'sKt-Y,k<_ �S M:ih s$ 3'�').hF'*`� y1•-Y 3 :5,. ,. ,x Z4 S4 .4.} V.+ :'1- ,v ���Sample Location ,n Flow 0.025 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 Dissolved Oxygen Monitor & Report Weekly Grab Effluent Fecal Coliform 200/100 mL 400/100 mL Weekly Grab Effluent eometric mean Total Residual Chlorine 28 u /L 2NVeek Grab Effluent Temperature °C Monitor & Report Daily Grab Effluent Total Nitrogen NO2+NO3+TKN Monitor & Report Semi -Annually Grab Effluent Total Phosphorus Monitor & Report Semi -Annually Grab Effluent pH' Monitor & Report Weekly Grab Effluent Footnotes: 1. The --pH shall not be less than 6.0. standard units nor greater than 9.0 standard units. There shall be no discharge of floating solids or visible foam in other than trace amounts Permit NC0059241 A. (2). EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS. . . During the period beginning upon expansion to 0.30 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: ... .. .. .'.` 3 T F-LUENT W �'" i v..n-, yy�`JC+"� MOyfVITORING,RE�QUIREMENTS §' e wiC N?FR;ip: 1 •Mni. S;y,+'-'t t_ Y ^.sa �< 'Y.XY'"!4.r<.:':'r.'e?§ ....,�tu*e2°i' 4' '14t? ,' Xy µc ,.4i i�rj j, Y 3's :.5C1J,%.; t P9'u''h`^i. �;� �� IN ;�-ka,a1: � � e �Verage, Maximum F�reguehcy � . F1� <aR.. x ,� . Flow 0.30 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 mgli- Weekly Composite Effluent NH3 as N N.0 mg/L 35.0 mg/L Weekly Composite Effluent (April 1— October 31 NH3 as N 11.0 mg/L 35.0 mg/L Weekly Composite Effluent November 1— March 31 Dissolve Oxygen Monitor & Report - Weekly Grab Effluent Fecal Coliform 200/100 mL 400/100 mL Weekly Grab Effluent (geometric mean) Total Residual Chlorine -28 µg/L 2/Week Grab Effluent Temperature (°C) Monitor & Report Daily Grab Effluent Temperature (°C) Monitor & Report Weekly Grab Upstream & Downstream Total Nitrogen (NO2+NO3+TKN) Monitor & Report Semi -Annually _ Composite Effluent. Total Phosphorus Monitor & Report Semi -Annually Composite Effluent pH' Monitor & Report Weekly Grab Effluent Footnotes: 1. The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units. There shall be no discharge of floating solids or visible foam in other than trace amounts NPDES Permit Standard Conditions Page 1 of 16 PART II STANDARD CONDITIONS FOR NPDES PERMITS Section A. Definitions 2/Month Samples are collected twice per month with at least ten calendar days between sampling events. 3 Week Samples are collected three times per week on three separate calendar days. Act or "the Act" The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 USC 1251, et. seq. Annual Average The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar year. In the case of fecal coliform, the geometric mean of such discharges. Arithmetic Mean The summation of the individual values divided by the number of individual values. B ass The known diversion of waste streams from any portion of a treatment facility including the collection system, which is not a designed or established or operating mode for the facility. Calendar 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 Ouarter One of the following distinct periods: January through March, April through June, July through September, and October through December. Composite Sample A sample collected over a 24-hour period by continuous sampling or combining grab samples of at least 100 ml in such a manner as to result in a total sample representative of the wastewater discharge during the sample period. The Director may designate the most appropriate method (specific number and size of aliquots necessary, the time interval between grab samples, etc) on a case -by -case basis. Samples may be collected manually or automatically. Composite samples may be obtained by the following methods: (1) Continuous: a single, continuous sample collected over a 24-hour period proportional to the rate of flow. (2) Constant time/variable volume: a series of grab samples collected at equal time intervals over a 24 hour period of discharge and combined proportional to the rate of flow measured at the time of individual sample collection, or (3) Variable time/constant volume: a series of grab samples of equal volume collected over a 24 hour period with the time intervals between samples determined by a preset number of gallons passing the sampling point Flow measurement between sample intervals shall be determined by use of a flow recorder and totalizer, and the preset gallon interval between sample collection fixed at no greater than 1/24 of the expected total daily flow at the treatment system, or (4) Constant time/constant volume: a series of grab samples of equal volume collected over a 24-hour period at a constant time interval This method may only be used in situations where effluent flow rates vary less than 15 percent. The grab samples shall be taken at intervals of no greater than 20 minutes apart during any 24-hour period and must be of equal size and of no less than 100 milliliters. Use of this method requires prior approval by the Director. Version 8112006 NPDES Permit Standard Conditions Page 2 of 16 In accordance with (4) above, influent grab samples shall not be collected more than once per hour. Effluent grab samples shall not be collected more than once per hour except at wastewater treatment systems having a detention time of greater than 24 hours. In such cases, effluent grab samples may be collected at intervals evenly spaced over the 24-hour period that are equal in number of hours to the detention time of the system in number of days.. However, the interval between effluent grab samples may not exceed six hours nor the number of samples less than four during a 24-hour sampling period. Continuous flow measurement Flow monitoring that occurs without interruption throughout .the operating hours of the facility. Flow shall be monitored continually except for the infrequent times when there may be no flow or for infrequent maintenance activities on the flow device. Daily Discharge The discharge of a pollutant measured during a calendar day or any 24-hour period that reasonably represents the calendar day for purposes of sampling. For pollutants measured in units of mass, the "daily discharge" is calculated as the total mass of the pollutant discharged over the day. The "daily discharge" concentration comprises the mean concentration for a 24-hour sampling period as either a composite sample concentration or the arithmetic mean of all grab samples collected during that period. (40 CFR 122.2) Daily Maximum The highest "daily discharge" for conventional and other non -toxicant parameters. NOTE: Permittees may not submit a "daily average" calculation [for determining compliance with permit limits] for toxicants. See the relevant Federal effluent guideline[s] for the appropriate calculation interval. Daily Sampling Parameters requiring daily sampling shall be sampled 5 out of every 7 days per week unless otherwise specified in the permit. The Division expects that sampling shall be conducted on weekdays except where holidays or other disruptions of normal operations prevent weekday sampling. If sampling is required for all seven days of the week for any permit parameter(s), that requirement will be so noted on the Effluent Limitations and Monitoring Page(s). DWQ or "the Division" The Division of Water Quality, Department of Environment and Natural Resources. EMC The North Carolina Environmental Management Commission. Facility Closure The cessation of wastewater treatment at a permitted facility, or the cessation of all activities that require coverage under the NPDES. Completion of facility closure will allow this permit to be rescinded. Geometric Mean The Nth root of the product of the individual values where N = the number of individual values. For purposes of calculating the geometric mean, values of "0" (or "< [detection level') shall be considered =1. Grab Sample Individual samples of at least 100 ml collected over a period of time not exceeding 15 minutes. Grab samples can be collected manually. Grab samples must be representative of the discharge (or the receiving stream, for instream samples). Hazardous Substance Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the Clean Water Act Instantaneous flow measurement A measure of flow taken at the time of sampling, when both the sample and flow will be representative of the total discharge. . Version 8112006 NPDES Permit Standard Conditions Page 3 of 16 Monthly Average (concentration limit) The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar month. In the case of fecal coliform, the geometric mean of such discharges. Permit Issuing Authority The Director of the Division of Water Quality. Quarterly Average (concentration limitl The average of all samples taken over a calendar quarter. Severe property damne- 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 Clean Water Act. 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 limitl The arithmetic mean of all "daily discharges" of a pollutant measured during.the calendar week. In the case of fecal coliform, the geometric mean of such discharges. Section B. General Conditions L Duty to Comply The Permittee must comply with all conditions of this permit Any permit noncompliance constitutes a violation of the Clean Water Act and is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or denial- of a permit renewal application [40 CFR 122.41]. a. The Permittee shall comply with effluent standards or prohibitions established under section 307(4) of the Clean Water Act for toxic pollutants and with standards for sewage sludge use or disposal established under section 405(d) of . the Clean Water .Act within the time provided in the regulations that establish these standards or prohibitions or standards for sewage sludge use or disposal, even if the permit has not yet been modified to incorporate the requirement. b. The Clean Water Act provides that any person who violates section 301, 302, 306, 307, 308, 318 or 405 of the Act, or any permit condition or limitation implementing any such sections in a permit issued under section 402, or any requirement imposed in a pretreatment program approved under sections 402(a)(3) or 402(b)(8) of the Act, is subject to a civil penalty not to exceed $25,000 per day for each violation. [40 CFR 122.41 (a) (2)] c. The Clean Water Act provides that any person who negligently violates sections 301, 302, 306, 307, 308, 318, or 405 of the Act, or any condition or limitation implementing any of such sections in a permit issued under section 402 of the Act, or any requirement imposed in a pretreatment program approved under section 402(a)(3) or 402(b)(8) of the Act, is subject to criminal penalties of $2,500 to $25,000 per day of violation, or. imprisonment of not more than 1 year, or both. In the case of a second or subsequent conviction for a negligent violation, a person shall be subject to criminal penalties of not more than $50,000 per day of violation, or by imprisonment of not more than 2 years, or both. [40 CFR 122.41 (a) (2)] Version W 2006 NPDES Permit Standard Conditions Page 4 of 16 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. [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)(in) of the CWA, shall, upon conviction of violating the imminent danger provision, be subject to a fine of not more than $1,000,000 and can be fined up to $2,000,000, for second or subsequent convictions. [40 CFR 122.41 (a) (2)] £ Under state law, a civil penalty of not more than $25,000 per violation may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of a permit. [North Carolina General Statutes § 143-215.6A] g. Any person may be assessed an administrative penalty by the Administrator for violating section 301, 302, 306, 307, 308, 318 or 405 of this Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of this Act Administrative penalties for Class I violations are not to exceed $10,000 per violation, with the maximum amount of any Class I penalty assessed not to exceed $25,000. Penalties for Class H violations are not to exceed $10,000 per day for each day during which the violation continues, with the maximum amount of any Class II penalty not to exceed $125,000. [40 CFR 122.41 (a) (3)] 2. Duty to Mitigate The Permittee shall take all reasonable steps to minimize or prevent any discharge or sludge use or disposal in violation of this permit which has a reasonable likelihood of adversely affecting human health or the environment [40 CFR 122.41 (d)]. 3. Civil and Criminal Liability Except as provided in permit conditions on "Bypassing" (Part IL C. 4), "Upsets" (Part II. C. 5) and "Power Failures" (Part H. C. 7), nothing in this permit shall be construed to relieve the Permittee from any responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3,143-215.6 or Section 309 of the Federal Act, 33 USC 1319. Furthermore, the Permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended 4. Oil and Hazardous Substance Liability Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the Permittee from any responsibilities, liabilities, or penalties to which the Permittee is or may be subject to under NCGS 143- 215.75 et seq, or Section 311 of the Federal Act, 33 USG 1321. Furthermore, the Permittee is responsible for consequential damages, such as fish kills, even though the. responsibility for effective compliance may be temporarily suspended 5. Property Rights The issuance of this permit does not convey any property rights in either real or personal property, or any exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor any infringement of Federal, State or local laws or regulations [40 CFR 122.41 6. Onshore or Offshore Construction This permit does not authorize or approve the construction of any onshore or offshore physical structures or facilities or the undertaking of any work in any navigable waters. 7. SeverabiIity Version 8/1/2006 NPDES Permit Standard Conditions Page 5 of 16 The provisions of this permit are severable. If any provision, of this permit, or the application of any provision of this permit to any circumstances, is held invalid, the application of such provision to other circumstances, and the remainder of this permit, shall not be affected thereby, [NCGS 150B-23]. 8. Duty to Provide Information The Permittee shall furnish to the Permit Issuing Authority, within a reasonable time, any information which the Permit Issuing Authority may request to. determine whether cause exists for modifying, revoking and reissuing, or terminating this permit or to determine compliance with this permit The Permittee shall also furnish to the Permit Issuing Authority upon request, copies of records required by this permit [40 CFR 122.41 (h)]. 9. Duty to RMply If the Permittee wishes to continue an activity regulated by this permit after the expiration date of this permit, the Permittee must apply for and obtain a new permit [40 CFR 122.41 (b)]. 10. Expiration of Permit The Permittee is not authorized to discharge after the expiration date. In order to receive automatic authorization to discharge beyond the expiration date, the Permittee shall submit such information, forms, and fees as are required by the agency authorized to issue permits no later than 180 days prior to the expiration date. Any Permittee that has not requested renewal at least 180 days prior to expiration, or any Permittee that does not have a permit after the expiration and has not requested renewal at least 180 days prior to expiration, will subject the Permittee to enforcement procedures as provided in NCGS 143-215.6 and 33 USC 1251 et seq. 11. Signatory Requirements All applications, reports, or information submitted to the Permit Issuing Authority shall be signed and certified [40 CFR 122.41 (k)]. a. All permit applications shall be signed as follows: (1) For a corporation: by a responsible corporate officer. For the purpose of this Section, a responsible corporate officer means: (a) a president, secretary, treasurer or vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision making functions for the corporation, or (b) the manager of one or more manufacturing, production, or operating facilities, provided, the manager is authorized to make management decisions which govern the operation of the regulated facility including having the explicit or implicit duty of making major capital investment recommendations, and initiating and directing other comprehensive measures to assure long term environmental compliance with environmental laws and regulations; the manager can ensure that the necessary systems are established or actions taken to gather complete and accurate information for permit application requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures . (2) For a partnership or sole proprietorship: by a general partner or the proprietor, respectively; or (3) For a municipality, State, Federal, or other public agency: by either a principal executive officer or ranking elected official [40 CFR 122.22]. b. All reports required by the permit and other information requested by the Permit Issuing Authority shall be signed by a person described in paragraph a. above or by a duly authorized representative of that person. A person is a duly authorized representative only if: 1. The authorization is made in writing by a person described above; 2. The authorization specified either an individual or a position having responsibility for the overall operation of the regulated facility or activity, such as the position of plant manager, operator of a well or well field, superintendent, a position of equivalent responsibility, or an individual or position having overall responsibility for environmental matters for the company. (A duly authorized representative may thus be either a named individual or any individual occupying a named position.); and 3. The written authorization is submitted to the Permit Issuing Authority [40 CFR 122.22] Version 8/1/2006 NPDES Permit Standard Conditions Page 6 of 16 c. Changes to authorization: If an authorization under paragraph (b) of this section is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, a new authorization satisfying the requirements of paragraph (b) of this section must be submitted to the Director prior to or together with any reports, information, or applications to be signed by an. authorized representative [40 CFR 122.22] d. Certification. Any person signing a document under paragraphs a. or b. of this section shall make the following certification [40 CFR 122.22]: '1 certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel property 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 (0]. 13. Permit Modification. Revocation and Reissuance, or Termination The issuance of this permit does not prohibit the permit issuing authority from reopening and modifying the permit, revoking and reissuing the permit, or terminating the permit as allowed by the laws, rules, and regulations contained in Title 40, Code of Federal Regulations, Parts 122 and 123; Title 15A of the North Carolina Administrative Code, Subchapter 2H .0100, and North Carolina General Statute 143-215.1 et. A 14. Annual Administering and Compliance Monitoring Fee Requirements The Permittee must pay the annual administering and compliance monitoring fee within thirty days after being bided by the Division. Failure to pay the fee in a timely manner in accordance with 15A NCAC 2H.0105 (b) (2) may cause this Division to initiate action to revoke the permit. Section C. Operation and Maintenance of Pollution Controls Certified Operator Upon classification of the permitted facility by the Certification Commission, the Permittee shall employ a certified water pollution control treatment system operator in responsible charge (ORC) of the water pollution control treatment system. Such operator must hold a certification of the grade equivalent to or greater than the classification assigned to the water pollution control treatment system by the Certification Commission. The Permittee must also employ one or more certified Back-up ORCs who possess a currently valid certificate of the type of the system. Backup ORCs must possess a grade equal to (or no more than one grade less than) the grade of the system [15A NCAC 8G.0201]. The ORC of each Class I facility must: ➢ Visit the facility at least weekly ➢ Comply with all other conditions of 15A NCAC 8G.0204. The ORC of each Class H, M-and IV facility must: ➢ Visit the facility at least five days per week, excluding holidays ➢ Properly manage and document daily operation and maintenance of the facility ➢ Comply with all other conditions of 15A NCAC 8G.0204. Once the facility is classified, the Permittee shall submit a letter to the Certification Commission designating the operator in responsible charge. . a. Within 60 calendar days prior to wastewater being introduced into a new system Version 81112006 NPDES Permit Standard Conditions Page 7 of 16 b. Within 120 calendar days of ➢ Receiving notification of a change in the classification of the system requiring the designation of a new ORC and back-up ORC ➢ A vacancy in the position of ORC or back-up ORC. 2. Proper Operation and Maintenance The Permittee shall at all times provide the operation and maintenance resources necessary to operate the existing facilities at optimum efficiency. The Permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the Permittee to achieve compliance with the conditions of this permit. Proper operation and maintenance also includes. adequate laboratory controls and appropriate quality assurance procedures. This provision requires the Permittee to install and operate backup or auxiliary facilities only when necessary to achieve compliance with the conditions of the permit [40 CFR 122.41 (e)]. 3. Need to Halt or Reduce not a Defense It shall not be a defense for a Permittee in an enforcement action that it would have 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)] (I) Anticipated bypass. If the Permittee knows in advance of the need for a bypass, it shall submit prior notice, if, possible at least ten days before the date of the bypass; including an evaluation of the anticipated quality and effect of the bypass. (2) Unanticipated bypass. The Permittee shall submit notice of an unanticipated bypass as required in Part H. E. 6. (24-hour notice). c. Prohibition of Bypass (1) Bypass from the treatment facility is prohibited and the Permit Issuing Authority may take enforcement action against a Permittee for bypass, unless: (A) Bypass was unavoidable to prevent loss of life, personal injury or severe property damage; (B) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate backup equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and (C) The Permittee submitted notices as required under Paragraph b. of this section. (2) Bypass from the collection system is prohibited and the Permit Issuing Authority may take enforcement action against a Permittee for a bypass as provided in any current or future system -wide collection system permit associated with the treatment facility. (3) The Permit Issuing Authority may approve an anticipated bypass, after considering its adverse effects, if the Permit Issuing Authority determines that it will meet the three conditions listed above in Paragraph c. 0) of this section. 5. Up -sets a. Effect of an upset [40 CFR 122.41 (n) (2)]: An upset constitutes an affirmative defense to an action brought for noncompliance with such technology based permit effluent limitations if the requirements of paragraph b. of this condition are met No determination made during administrative review of claims that Version 8/1/2006 NPDES Permit Standard Conditions Page 8 of 16 noncompliance was caused by upset, and before an action for noncompliance, is final administrative action subject to judicial review. b. Conditions necessary for a demonstration of upset: A Permittee who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that: (1) An upset occurred and that the Permittee can identify the cause(s) of the upset; (2) The Permittee facility was at the time being properly operated; and (3) The Permittee submitted notice of the upset as required in Part IL 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 R CFR 122.41 (n) (4)]: The Permittee seeking to establish the occurrence of an upset has the burden of proof in any enforcement proceeding. 6. Removed Substances Solids, sludges, filter backwash, or other pollutants removed in the course of treatment or control of wastewaters shall be utilized/disposed of in accordance with NCGS 143-2151 and in a manner such as to prevent any pollutant . from such materials from entering waters of the State or navigable waters of the United States. The Permittee shall comply with all existing Federal regulations governing the disposal of sewage sludge. Upon promulgation of 40 CFR Part 503, any permit issued by the Permit Issuing Authority for the utilization/disposal of sludge may be reopened and modified, or revoked and reissued, to incorporate applicable requirements at 40 CFR 503. The Permittee shall comply with applicable 40 CFR 503 Standards for the Use and Disposal of Sewage Sludge (when promulgated) within the time provided in the .regulation, even if the permit is not modified to incorporate the requirement. 1he Permittee shall notify the Permit Issuing Authority of any significant change in its sludge use or disposal practices. 7. Power Failures The Permittee is responsible for maintaining adequate safeguards (as required by 15A NCAC 2H.0124 — Reliability) to prevent the discharge of untreated or inadequately treated wastes during electrical power failures either by means of alternate power sources, standby generators or retention of inadequately treated effluent. Section D. Monitoring and Records L Representative Sampling Samples collected and measurements taken, as required herein, shall be characteristic of the volume and nature of the permitted discharge. Samples collected at a frequency less than daily shall be taken on a day and time that is characteristic of the discharge over the entire period the sample represents. All samples shall be taken at the monitoring points specified in this permit and, unless otherwise specified, before the effluent joins or is diluted by any other wastestream, body of water, or substance. Monitoring points shall not be changed without notification to and the approval of the Permit Issuing Authority W CFR 122.41 j(j)]. 2. RMortin 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, 4 2, 3) or alternative forms approved by the Director, postmarked no later than the last calendar day of the month following the completed reporting period - The first DMR is due on the last day of the month following the issuance of the permit or in the case of a new facility, on the last day of the month following the commencement of discharge. Duplicate signed copies of these, and all other reports required herein, shall be submitted to the following address: NC DENR / Division of Water Quality / Water Quality Section ATTENTION. Central Files 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Version W2006 NPDES Permit Standard Conditions Page 9 of 16 3. Flow Measurements Appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges. The devices shall be installed, calibrated and maintained to ensure that the accuracy of the measurements is consistent with the accepted capability of that type of device. Devices selected shall be capable of measuring flows with a maximum deviation of less than 10% from the true discharge rates throughout the range of expected discharge volumes. Flow measurement devices shall be accurately calibrated at a minimum of once per year and maintained to ensure that the accuracy of the measurements is consistent with the accepted capability of that type of device. The Director shall approve the flow measurement device and monitoring location prior to installation. Once -through condenser cooling water flow monitored by pump logs, or pump hour meters as specified in Part I of this permit and based on the manufacturer's pump curves shall not be subject to this requirement. 4. Test Procedures Test procedures for the analysis of pollutants shall conform to the EMC regulations (published pursuant to NCGS 143-215.63 et seq.), the Water and Air Quality Reporting Acts, and to regulations published pursuant to $ection 304(g), 33 USC 1314, of the Federal Water Pollution Control Act (as Amended), and 40 CFR 136; or in the case of sludge use or disposal, approved under 40 CFR 136, unless otherwise specified in 40 CFR 503, unless other test procedures have been specified in this permit [40 CFR 122.41]. To meet the intent of the monitoring required by this permit, all test procedures must produce minimum detection and reporting levels that are below the permit discharge requirements and all data generated must be reported down to the minimum detection or lower reporting level of the procedure. If no approved methods are determined capable of achieving minimum detection and reporting levels below permit discharge requirements, then the most sensitive (method with the lowest possible detection and reporting_ level) approved method must be used. 5. Penalties for Tampering The Clean Water Act provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any monitoring device or method required to be maintained under this permit shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. If a conviction of a person is for a violation committed after a first conviction of such person under this paragraph, punishment is a fine of not more than $20,000 per day of violation, or by imprisonment of not more than 4 years, or both (40 CFR 122.41]. 6. Records Retention Except for records of monitoring information required by this permit related to the Permittec'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 Pennittee shall retain records of all monitoring information, including. ➢ all calibration and maintenance records ➢ all original strip chart recordings for continuous monitoring instrumentation ➢ copies of all reports required by this permit ➢ copies of all data used to complete the application for this permit These records or copies shall be maintained for a period of at least 3 years from the date of the sample, measurement, report or application. This period may be extended by request of the Director at any time [40 CFR 122.41]. 7. Recording Results For each measurement or sample taken pursuant to the requirements of this permit, the Permittee shall record the following information [40 CFR 122.41]: a. The date, exact place, and time of sampling or measurements; b. The individual(s) who performed the sampling or measurements; c. The date(s) analyses were performed; d. The individual(s) who performed the analyses; Version M)2006 NPDES Permit Standard Conditions Page 10 of 16 e. The analytical techniques or methods used; and f. The results of such analyses. 8. Inspection and Entry The Permittee shall allow the Director, or an authorized representative (including an authorized contractor acting as a representative of the Director), upon the presentation of credentials and other documents as may be required by law, to; a. Enter upon the Permittee's premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of this permit; b. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this pit; c. Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this permit; and d. Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise authorized by the Clean Water Act, any substances or parameters at any location [40 CFR 122.41 0]. Section E Reporting Requirements 1. Change in Discharge All discharges authorized herein shall be consistent with the terms and conditions of this permit. The discharge of any pollutant identified in this permit more frequently than or at a level in excess of that authorized shall constitute a violation of the permit. 2. Planned Changes The Permittee shall give notice to the Director as soon as possible of any planned physical alterations or additions to the permitted facility [40 CFR 122.410)]. Notice is required only when: a. The alteration or addition to a permitted facility may meet one of the criteria for new sources at 40 CFR 122.29 (b); or b. The alteration or addition could significantly change the nature or increase the quantity of pollutants discharged. This notification applies to pollutants subject neither to effluent limitations in the permit, nor to notification requirements under 40 CFR 122.42 (a) (1). c. The alteration or addition results in a significant change in the Permittee's sludge use or disposal practices, and such alteration, addition or change may justify the application of permit conditions that are different from or absent in the existing permit, including notification of additional use or disposal sites not reported during the permit application process or not reported pursuant to an approved land application plan. 3. Anticipated Noncompliance The Permittee shall give advance notice to the Director of any planned changes to the permitted facility or other activities that might result in noncompliance with the permit [40 CFR 122.41 (1) (2)]. 4. Transfers This permit is not transferable to any person except after notice to the Director. The Director may require modification or revocation and reissuance of the permit to document the change of ownership. Any such action may incorporate other requirements as may be necessary under the Clean Water Act [40 CFR 122.41 (1) (3)]. 5. Monitoring Reports Monitoring results shall be reported at the intervals specified elsewhere in this permit [40 CPR 122.41 (1) (4)]. a. Monitoring results must be reported on a Discharge Monitoring Report (DMR) (See Part II. D. 2) or forms provided by the Director for reporting results of monitoring of sludge use or disposal practices. b. If the Permittee monitors any pollutant more frequently than required by this permit, the results of such monitoring shall be included in the calculation and reporting of the data submitted on the DMR. Version 8112006 NPDES Permit Standard Conditions Page 11 of 16 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 122.410) (7)]. 8. Other Information Where the Permittee becomes aware that it failed to submit any relevant facts in a permit application, or submitted incorrect information in a permit application or in any report to the Director, it shall promptly submit such facts or information [40 CFR 122.41 (1) (8)]. 9. Noncompliance Notification The Permittee shall report by telephone to either the. central office or the appropriate regional office of the Division as soon as possible, but in no case more than 24 hours or on the next working day following the occurrence or first knowledge of the occurrence of any of the following a. Any occurrence at the water pollution control facility which results in the discharge of significant amounts of wastes which are abnormal in quantity or characteristic, such as the dumping of the contents of a sludge digester, the known passage . of a slug of hazardous substance through the facility; or any other unusual circumstances. b. Any process unit failure, due to known or unknown reasons, that render the facility incapable of adequate wastewater treatment such as mechanical or electrical, failures of pumps, aerators, compressors, etc. c. Any failure of a pumping station, sewer line, or treatment facility resulting in a by-pass directly to receiving waters without treatment of all or any portion of the influent to such station or facility. Persons reporting such occurrences by telephone shall also file a written report within 5 days following first knowledge of the occurrence. 10. Ay&bility 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 143-2151(b)(2) or in Section 309 of the Federal Act 11. Penalties for Falsification of Reports The Clean Water Act provides that any person who knowingly makes any false statement, representation, or certification in any record or other document submitted or required to be maintained under this permit, including monitoring reports or reports of compliance or noncompliance shall, upon conviction, be punished by a fine of Version 8112006 NPDES Permit Standard Conditions Page 12 of 16 not more than $25,000 per violation, or by imprisonment for not more than two years per violation, or by both [40 CFR 122.41). 12. Annual Performance Reports Permittees who own or operate facilities that collect or treat municipal or domestic waste shall provide an annual report to the Permit Issuing Authority and to the users/customers served by the Permittee (NCGS 143-215.1C). The report shall summarize the performance of the collection or treatment system, as well as the extent to which the facility was compliant with applicable Federal or State laws, regulations and rules pertaining to water quality. The report shall be provided no later than sixty days after the end of the calendar or fiscal year, depending upon which annual period is used for evaluation. PART III OTHER REQUIREMENTS Section A. Construction The Permittee shall not commence construction of wastewater treatment facilities, nor add to the plant's treatment capacity, nor change the treatment processes) utilized at the treatment plant unless the Division has issued an Authorization to Construct (AtC) permit Issuance of an AtC will not occur until Final Plans and Specifications for the proposed construction have been submitted by the Permittee and approved by the Division. Section B. Groundwater Monitoring: The Permittee shall, upon written notice from the Director, conduct groundwater monitoring as may be required to determine the compliance of this NPDES permitted facility with the current groundwater standards. Section C. Changes in Discharges of Toxic Substances The Permittee shall notify the Permit Issuing Authority as soon as it knows or has reason to believe (40 CFR 122.42): a. That any activity has occurred or will occur which would result in the discharge, on a routine or frequent basis, of any toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels"; (1) One hundred micrograms per liter 000 µg/L); (2) Two hundred micrograms per liter (200 µg/L) for acrolein and acrylonitrile; five hundred micrograms per liter (500 µg/L) for 2.4-dinitrophenol and for 2-methyl-4.6-dinitrophenol; and one milligram per liter (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 0 mg/L) for antimony; (3) Ten times the maximum concentration value reported for that pollutant in the permit application. Section D. Evaluation of Wastewater DischaW Alternatives The Permittee shall evaluate all wastewater disposal alternatives and pursue the most environmentally sound alternative of the reasonably cost effective alternatives. If the facility is in substantial non-compliance with the terms and conditions of the NPDES permit or governing rules, regulations or laws, the Permittee shall submit a report in such form and detail as required by the Division evaluating these alternatives and a plan of action within 60 days of notification by the Division. Section E. Facility Closure Requirements The Permittee must notify the Division at least 90 days prior to the closure of any wastewater treatment system covered by this permit The Division may require specific measures during deactivation of the system to prevent Ve►sfon 8(12006 NPDES Permit Standard Conditions Page 13 of 16 adverse impacts to waters of the State. This permit cannot be rescinded while any activities requiring this permit continue at the permitted facility. PART IV SPECIAL CONDITIONS FOR MUNICIPAL FACILITIES Section A. Publicly Owned Treatment Works (POTWs) All POTWs must provide adequate notice to the Director of the following. 1. Any new introduction of pollutants into the POTW from an indirect discharger which would be subject to section 301 or 306 of CWA if it were directly discharging those pollutants; and 2. Any substantial change in the volume or character of pollutants being introduced by an indirect discharger as influent to that POTW at the time of issuance of the permit 3. For purposes of this paragraph, adequate notice shall include information on (1) the quality and quantity of effluent introduced into the POTW, and (2) any anticipated impact of the change on the quantity or quality of effluent to be discharged from the POTW. Section B. Municipal Control of Pollutants from Industrial Users Effluent limitations are listed in Part I of this permit Other pollutants attributable to inputs from industries using the municipal system may be present in the Penmittee'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 ail of such other pollutants in accordance with best practicable technology or water quality standards. 2. Under no circumstances shall the Permittee allow introduction of the following wastes in the waste treatment system: a. Pollutants which create a fire .or explosion hazard in the POTW, including, but not limited to, wastestreams with a closed cup flashpoint of less than 140 degrees Fahrenheit or 60 degrees Centigrade using the test methods specified in 40 CFR 261.21; b. Pollutants which will cause corrosive structural damage to the POTW, but in no case Discharges with pH lower than 5.0, unless the works is specifically designed to accommodate such Discharges;' C. Solid or viscous pollutants in amounts which will cause obstruction to the flow in the POTW resulting in Interference; d. Any pollutant, including oxygen demanding `pollutants (BOD, etc.) released in a Discharge at a flow rate and/or pollutant concentration which will cause Interference with the POTW; e. Heat in amounts which will inhibit biological activity in the POTW resulting in Interference, but in no case heat in such quantities that the temperature at the POTW Treatment Plant exceeds 400C (104°F) unless the Division, upon request of the POTW, approves alternate temperature limits; f. Petroleum oil, nonbiodegradable cutting oil, or products of mineral oil origin in amounts that will cause interference or pass through; g. Pollutants which result in the presence of toxic gases, vapors, or fiimes within the POTW in a quantity that may cause acute worker health and safety problems; h. Any trucked or hauled pollutants, except at discharge points designated by the POTW. 3. With regard to the effluent requirements listed in Part I of this permit, it may be necessary for the Permittee to supplement the requirements of the Federal Pretreatment Standards (40 CFR, Part 403) to' ensure compliance by the Permittee with all applicable effluent limitations. Such actions by the Permittee may be necessary regarding some or all of the industries discharging to the municipal system. 4. The Permittee shall require any industrial discharges sending influent to the permitted system to meet Federal Pretreatment Standards promulgated in response to Section 307(b) of the Act Prior to accepting wastewater from any significant industrial user, the Permittee shall either develop and submit to the Version 81112006 NPDES Permit Standard Conditions Page 14 of 16 Division a Pretreatment Program for approval per 15A NCAC 2H .0907(a) or modify an existing Pretreatment Program per 15A NCAC 2H .0907(b). 5. This permit shall be modified, or alternatively, revoked and reissued, to incorporate or modify an approved POTW Pretreatment Program or to include a compliance schedule for the development of a POTW Pretreatment Program as required under Section 402(b)(8) of the Clean Water Act and implementing regulations or by the requirements of the approved State pretreatment program, as appropriate. Section C. Pretreatment Programs Under authority of sections 307(b) and (c) and 402(b)(8) of the Clean Water Act and implementing regulations 40 CFR Part 403, North Carolina General Statute 143-215.3 (14) and implementing regulations 15A NCAC 2H .0900, and in accordance with the approved pretreatment program, all provisions and regulations contained and referenced in the Pretreatment Program Submittal are an enforceable part of this permit The Permittee shall operate its approved pretreatment program in accordance with Section 402(b)(8) of the Clean Water Act, the Federal Pretreatment Regulations 40 CFR Part 403, the State Pretreatment Regulations 15A NCAC 2H .0900, and the legal authorities, policies, procedures, and financial provisions contained in its pretreatment program submission and Division approved modifications there of. Such operation shall include but is not limited to the implementation of the following conditions and requirements: 1. Sewer Use Ordinance (SUOI The Permittee shall maintain adequate'legal authority to implement its approved pretreatment program. 2. Industrial Waste Survey (IWS) The Permittee shall update its Industrial Waste Survey (IWS) to include all users of the sewer collection system at least once every five years. 3. Monitoring Plan The Permittee shall implement a Division -approved Monitoring Plan for the collection of facility specific data to be used in a wastewater treatment plant Headworks Analysis (HWA) for the development of specific pretreatment local limits. Effluent data from the Plan shall be reported on the DMRs (as required by Part II, Section D, and Section E.5.). 4. Headworks Analysis NA) and Local Limits The Permittee shall obtain Division approval of a Headworks Analysis (HWA) at least once every five years, and as required by the Division. Within 180 days of the effective date of this permit (or any subsequent permit modification) the Permittee shall submit to the Division a written technical evaluation of the need to revise local limits (i.e., an updated HWA or documentation of why one is not needed) [40 CFR 122.44). The Permittee shall develop, in accordance with 40 CFR 403.5(c) and 15A NCAC 2H .0909, specific Local Limits to implement the prohibitions listed in 40 CFR 403.5(a) and (b) and 15A NCAC 2H .0909. 5. Industrial User Pretreatment Permits MZ & Allocation Tables In accordance with NCGS 143-215.1, the Permittee shall issue to all significant industrial uses, permits for operation of pretreatment equipment and discharge to the Petmittee's treatment works. These permits shall contain limitations, sampling protocols, reporting requirements, appropriate standard and special conditions, and compliance schedules as necessary for the installation of treatment and control technologies to assure that their wastewater discharge will meet all applicable pretreatment standards and requirements. The Permittee shall maintain a current Allocation Table (AT) which summarizes the results of the Headworks Analysis (HWA) and the limits from all Industtial User Pretreatment Permits (IUP). Permitted I[7P loadings for each parameter cannot exceed the treatment capacity of the POTW as determined by the HWA. Version 8/1/2006 f I NPDES Permit Standard Conditions Page 15 of 16 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. 7. POTW Inspection & Monitoring of their SIUs The Permittee shall conduct inspection, surveillance, and monitoring activities as described in its Division approved pretreatment program in order to determine, independent of information supplied by industrial users, compliance with applicable pretreatment standards. The Permittee must: a. Inspect all Significant Industrial Users (SILTS) at least once per calendar year, and b. Sample all Significant Industrial Users (SIUs) at least twice per calendar year for all permit - limited pollutants,, once during the period from January 1 through June 30 and once during the period from July 1 through December 31, except for organic compounds which shall be sampled once per calendar year, 8. SIU Self Monitoring and Reporting The Permittee shall require all industrial users to comply with the applicable monitoring and reporting requirements outlined in the Division -approved pretreatment program, the industry's pretreatment permit, or in 15A NCAC 2H .0908. 9. Enforcement Response Plan �R�PI The Permittee shall enforce and obtain appropriate remedies for violations of all pretreatment standards promulgated pursuant to section 307(b) and (c) of the Clean Water Act (40 CFR 405 et. seq), prohibitive discharge standards as set forth in 40 CFR 403.5 and 15A NCAC 211.0909, and specific local limitations. All enforcement actions shall be consistent with the Enforcement. Response Plan (ERP) approved by the Division. 10. Pretreatment Annual Reports (PAR; The Permittee shall report to the Division in accordance with 15A NCAC 2H .0908. In lieu of submitting annual reports, Modified Pretreatment. Programs developed under 15A NCAC 2H .0904 (b) may be required to meet with Division personnel periodically to discuss enforcement of pretreatment requirements and other pretreatment implementation issues. For 0 other active pretreatment programs, the Permittee shall submit two copies of a Pretreatment Annual Report (PAR) describing its pretreatment activities over the previous twelve months to the Division at the following address: NC DENR / DWQ / Pretreatment Unit 1617 Mail Service Center Raleigh, NC 27699-1617 These reports shall be submitted according to a schedule established by the Director and shall contain the following. a.) Narrative A brief discussion of reasons for, status of, and actions taken for all Significant Industrial Users (SIUs) in Significant Non -Compliance (SNC); b) Pretreatment Program Summ= (PPS A pretreatment program summary (PPS) on specific forms approved by the Division; c.) Significant Non -Compliance Report $NCR) The nature of the violations and the actions taken or proposed to correct the violations on specific forms approved by the Division; d) Industrial Data Summary Forms ODSF)• ) Version 8iV2006 NPDES Permit Standard Conditions Page 16 of 16 Monitoring data from samples collected by both the POTW and the Significant Industrial User (SIU). These analytical results must be reported on Industrial Data Summary Forms (IDSF) or other specific format approved by the Division; e.) Other Information Copies of the POTW's allocation table, new or modified enforcement compliance schedules, public notice of SIUs in SNC, and any other information, upon request, which in the opinion of the Director is needed to determine compliance with the pretreatment implementation requirements of this permit; 11. Public Notice The Permittee shall publish annually a list of Significant Industrial Users (SIUs) that were in Significant Non -Compliance (SNC) as defined in the Permittee's Division -approved Sewer Use Ordinance with applicable pretreatment requirements and standards during the previous twelve month period. This list shall be published within four months of the applicable twelve-month period 12. Record Keeping The Permittee shall retain fora minimum of three years records of monitoring activities and results, along with support information including general records, water quality records, and records of industrial impact on the POTW. 13. Funding and Financial Report The Permittee shall maintain adequate funding and staffing levels to accomplish. the objectives of its approved pretreatment program. 14. Modification to Pretreatment Programs Modifications to the approved pretreatment program including but not limited to local limits modifications, POTW monitoring of their Significant Industrial Users (SIUs), and Monitoring Plan modifications, shall be considered a permit modification and shall be governed by 15 NCAC 2H .0114 and 15A NCAC 2H .0907. Version W2006 Aubrey Deaver A&D Water Service, Inc. P.O. Box 1407 Pisgah Forest, NC Dear Mr. Deaver: 28768 April 20, 2007 `/l "r,&ee- Michael F. Easley, Governor William'G. Ross Jr ; Secretary North Carolina Department of 1 nvuonirient"aii`d Natural"Resources D(�' lanDivisi o r APR 2 3 2007 WATER QUALITY SECTION ASHEVILLE REGIONAL OFFICE Director Quality �..»_ .....,..y_�.. , ...._e... J, Subject: Receipt of permit renewal application NPDES Permit NCO059421 Sapphire Lakes WWTP #1 Transylvania County The NPDES Unit received your permit renewal application on April 20, 2007. 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. The requirements in your existing permit will remain in effect until the permit is renewed (or the Division takes other action). If you have any additional questions concerning renewal of the subject permit, please contact me at (919) 733-5083, extension 363 or 350. Sincerely, V Carolyn Bryant Point Source Branch cc: CENTRAL FILES slie`ville Regional Office tS ace ,ater Protection NPDES Unit No ` Carolina �tura!!y North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone (919) 733-7015 Customer Service Internet h2o.enr.state.nc.us 512 N. Salisbury St. Raleigh, NC 27604 FAX (919) 733-2496 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer -50% Recycled110% Post Consumer Paper ./iJ%%:/:%:ix..;/fJ%.MT/aT/L.'/his/fJ/Gi/El/.J/€S%�/7�—.._.�/�'/�J/..'�/G."/v%�/9/.f.%G/eO/E%CT/.�%.G%F^/e.3:�%u^/.C%uT/.t;%'U/:%.,/a/Ev/S/.9Y./,./<.:'. .•-r.. Water Service, Inc. ✓ :::/ /AY/ ,/':-%!.%.s�/Cr/�J/EJ/.il/_...-. P.O. Box 1407 Pisgah Forest, NC 28768 828-884-9772 Fax 828-884-8632 April 18, 2007 Mrs. Carolyn Bryant NC DENR/DWQ/Point Source Brach 1617 Mail Service Center Raleigh, NC 27699-1617 RE: Renewal NPDES Applications: NC0059439 & NC0059421 Dear Mrs. Bryant, Enclosed please find renewal NPDES Applications for NC0059439 & NC0059421. Sludge is disposed of by a sludge pumper at an approved sludge handling facility. If you have any questions, please call me at 828-884-9772. Sincerely, Aubrey L. Deaver NPDES 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 C00 59421 Please print or type. 1. Contact Information: Owner Name A&D Water Service, Inc. Facility Name Sapphire Lakes WWTP #1 Mailing Address p ,.0 . Box 1407 City Pisgah Forest State / Zip Code NC 28768 Telephone Number (8 2 8) 8 8 4- 9 772 Fax Number (828 )884-8632 e-mail Address admaint@citcom.net 2. Location of facility producing discharge: Check here if same address as above ❑ Street Address or State Road Off US Hwy 64 at Sapphire near City Round Top Mountain State /Zip Code Sapphire, NC 28774 County Translvvania County 3. Operator Information: Name of the firm, public organization or other entity that operates the facility. (Note that this is not referring to the Operator in Responsible Charge or ORC) Name A&D Water Service, Inc. Mailing Address P.O. Box 1407 City Pisgah Forest State / Zip Code NC 28768 Telephone Number (8 2 8) 8 8 4- 9 7 7 2. Fax Number (828 )8.84-8632 i of 3 Form-D 4/05 NPDES APPLICATION - FORM D For privately owned treatment systems treating 100% domestic wastewaters <1.0 MGD 4. Description of wastewater: Facility Generating Wastewater(check all that apply): Industrial ❑ Number of Employees Commercial ® Number` ofXMXXi,qKtTX 12 Accounts Residential ® Number of Homes 89 accounts School ❑ Number of Students/ Staff Other ❑ Explain: Describe the sources) of wastewater (example: subdivision, mobile home parki shopping centers, restaurants, etc.): Standard domestic waste water only. Population served: ADDrox 250 5. Type of collection system ® Separate (sanitary sewer only) ❑ Combined (storm sewer and sanitary sewer) 6. Outfall Information: . Number of separate ,discharge .points 1 Outfall Identification number(s) 001 Is the outfall equipped with a diffuser? ❑ .Yes No 7. Name of receiving stream(s) (Provide a map showing the exact location of each outfall).- Horse Pasture River, 'C' waters in the Savannan River Basin 8. Frequency of Discharge: Continuous ❑ Intermittent If intermittent: Days per week discharge occurs: Duration: 9. Describe the treatment system List all installed components, including 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 sheetofpaper. 0.025 mgd package WWTP with Eff.. chlorination & dechlorination. Standard secondary treatment design remobal rates 2of3 Form-D 4/05 NPDES APPLICATION - FORM D For privately owned treatment systems treating 100% domestic wastewaters <1.0 MGD 10. Flow Information: Treatment Plant Design flow 0.02.5 MGD Annual Average daily flow 0 _ 0046 MGD (for the previous 3 years) Maximum daily flow 0 .0110 MGD (for the previous 3 years) . 11. Is this facility located on Indian country? 0 Yes R1 No 12. Effluent Data Provide data for the parameters listed. Fecal Coliform, Temperature and pH shall be grab samples, for all other parameters 24-hour composite sampling shall be used. If more than one analysis is reported, report daily maximum and monthly average. If only one analysis is reported, report as daily maximum. Parameter Daily Maximum Monthly Average Units of Measurement Biochemical Oxygen Demand (BODS) 43 9 mg/1 Fecal Coliform > 600 12 # of colonie Total Suspended Solids 60 13 Mg/1 Temperature (Summer) 23 19 6 c Temperature (Winter) 3 8 o c PH Y Z` 710 5r�i 13. List all permits, construction approvals and/or applications: Type Permit Number Type Hazardous Waste (RCRA) NESHAPS (CAA) UIC (SDWA) Ocean Dumping (MPRSA) NPDES NC 00 5 9 4 21 Dredge or fill (Section 404 or CWA) PSD (CAA) Other Non -attainment program (CAA) 14. APPLICANT CERTIFICATION Permit Number I certify that I am familiar with the information contained in the application and that to the best of my knowledge and belief such information is true, complete, and accurate. Aubrey L. Deaver President Printed namiofPerson Signing Title of Applicant 04/18/07 Date North Carolina General Statute 143-215.6 (b)(2) states: Any person who knowingly makes any false statement representation, or certification in any application, record, report, plan, or other document files or required to be maintained under Article 21 or regulations of the Environmental Management Commission implementing that Article, or who falsifies, tampers with, or knowly renders inaccurate any recording or monitoring device or method required to be operated or maintained under Article 21 or regulations of the Environmental Management Commission implementing that Article, shall be guilty of a misdemeanor punishable by a fine not to exceed $25,000, or by imprisonment not to exceed six months, or by both. (18 U.S.C. Section 1001 provides a punishment by a fine of not more than $25,000 or imprisonment not more than 5 years, or both, for a similar offense.) 3of3 Form-D 4/05 0-1 . a ire Lakes. A Private Golf Course and Country Club Community April 4, 2002 Mrs. Valery Stephens NC DENR Walter Quality / Point Source Branch 1617 Mail Service Center Raleigh, NC 27699-1617 Re: NPDES Permit # NCO059421 Sapphire Lakes Utility Company, Inc. Transylvania County Dear Mrs. Stephens, Our subject permit expires on August 31, 2002. As required by the North Carolina Administrative Code (15A NCAC 21-10105(3)) our renewal application packet for such permit is enclosed for consideration. Should you have any questions please contact our office at 828-966-9200 and I will be glad to assist you. Sincerely, Cheri W. Jones Administrative Assistant Enclosures cc: A&D Maintenance P.O. Box 130, Sapphire NC 28774, (828) 966-9200 or (800) 232-7444 - www.sapphirelakes.com NPDES P APPLICATION - SHORT D To be filed only b .iarT gers of 100% domestic wastev4W 1 MGD flow) N. C. Department of Environment and Natural Resources Division of Water guality / NPDES Unit 1617 Mail Service Center, Raleigh, NC 27699-1617 North Carolina NPDES Permit Number I NCO (if known) Please print or type 1. Mailing address of applicant/permittee: Facility Name Sapphire Lakes Utility Company Owner Name Darnall W. Boyd Street Address 1600 US Highway 64 W City Snp 1 hi ra State NC ZIP Code 28774 Telephone Number ( 828 ) 966-9200 Fax Number ( 828 ) 966-4068 e-mail Address slakes2@citcom.net 2. Location of facility producing discharge: Name (If different from above) Facility Contact Person Street Address or State Road City / Zip Code County Telephone Number ( ) S. Reason for application: Expansion/Modification * Existing Unpermitted Discharge Renewal x New Facility * Please provide a description of the expansion/modification: N/A 4. Description of the existing treatment facilities (list all installed components with capacities): Flow equalization basin and an extended aeration package plant. Page 1 of 2 Version 1112000 NPDES PERMIT APPLICATION - SHORT FORM D To be filed only by dischargers of 100% domestic wastewater (<1 MGD flow) 5. Description of wastewater (check all that apply): Type of Facility Generating Wastewater Industrial Commercial Residential (water & x School sewer utility) Other Number of Employees Number of Employees Number of Homes Number of Students/Staff Describe the source(s) of wastewater (example: subdivision, mobile home park, etc.): Subdivision . 6. Number of separate wastewater discharge pipes (wastewater outfalls): one 92 7. If the facility has multiple discharge outfalls, record the source(s) of. wastewater for each outfall: Residential S. Name of receiving stream(s) (Provide a map showing the exact location of each outfall): Horsepasture River 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. Ken Wheat Printed Name of Person Signing Vice -President Title Signature of Applicant 4-3-02 Date North Carolina General Statute 143-215.6E (1) provides that: Any person who knowingly makes any false statement representation, or certification in any application, record, report, plan, or other document files or required to be maintained under Article 21 or regulations of the Environmental Management Commission implementing that Article, or who falsifies, tampers with, or knowingly renders inaccurate any recording or monitoring device or method required to be operated or maintained under Article 21 or regulations of the Environmental Management Commission implementing that Article, shall be guilty of a misdemeanor punishable by a fine not to exceed $10,000, or by imprisonment not to exceed six months, or by both. (18 U.S.C. Section 1001 provides a punishment by a fine of not more than $10,000 or imprisonment not more than 5 years, or both for a similar offense.) Page 2 of 2 Version 1112000 a 0M April 4, 2002 A Private Golf Course and Country Club Community Narrative Description of the Sludge Management Plan Sapphire Lakes WWTP 91 NPDES Permit # NCO059421 Sapphire Lakes Utility Company, Inc. Transylvania County Sapphire Lakes WWTP#1 The sludge at our wastewater treatment plant # 1 is removed by pump truck to an approved facility. Should you have any questions please contact me at 828-966-9200. Sincerely, Cheri W. Jones Administrative Assistant cc: A&D Maintenance P.O. Sox 130, Sapphire NC 28774, (828) 966-9200 or (800) 232-7444 • www.sapphirelakes.com I i State of North Carol...,:. Department of Environment, t( ealth and Natural Resources ivision of Environmental Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary A. P eston Howard, Jr., P.E., Director Mr. Ken Wheat, General Manager Sapphire Lakes 1600 U.S. 64 West Sapphire, North Carolina 28774 Dear Mr. Wheat: April 21, 1995 �4 � 9' C\•l:y :�Cl���� l Subject:', Permit :N0. NC0059421 Authorization to Construct Sapphire Lakes Wastewater Treatment Facility Transylvania County A letter of request for an Authorization to Construct was received July 27, 1994 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 12,500 gallon aerated equalization basin with a 2 HP aerator at the existing wastewater treatment facility with continued discharge of treated wastewater into the Horsepasture River, a class C-Trout stream in the Savannah River Basin. - This Authorization to Construct is issued in accordance with Part III, Paragraph B of NPDES Permit No. NCO059421 issued October 10, 1994, and shall be subject to revocation unless the wastewater treatment facilities are constructed in accordance with the conditions and limitations specified in Permit No. NC005942 L The sludge generated from these treatment facilities must be disposed of in accordance with G.S. 143-215.1 and in a manner approved by the North Carolina Division of Environmental Management. In the event that the facilities fail to perform satisfactorily, including the creation of nuisance conditions, the Permittee shall take immediate corrective action, including those as may be required by this Division, such as the construction of additional or replacement wastewater treatment or disposal facilities. The Asheville Regional Office, telephone number (704)251-6208, shall be notified at least forty- eight (48) hours in advance ofoperation of the installed facilities so that an in -place inspection can be made. Such notification to the regional supervisor shall be made during the normal office hours from 8:00 a.m. until 5:00 p.m. on Monday through Friday, excluding State Holidays. Upon completion of construction and prior to operation of this permitted facility, a certification must be received from a professional engineer certifying that the permitted facility has been installed in accordance with the NPDES Permit, this Authorization to Construct and the approved plans and specifications. Mail the Certification to the Permits and Engineering Unit, P.O. Box 29535, Raleigh, NC ' 27626-0535. P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-5083 FAX 919-733-9919 . An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper G?V✓ Permit No. NC0059421 Authorization to Construct Sapphire Lakes April 21, 1995 Page 2 Upon classification of the facility by the Certification Commission, the Permittee shall employ a certified wastewater treatment plant operator to be in responsible charge (ORC) of the wastewater treatment facilities. The operator must hold a certificate of the type and grade at least equivalent to or greater than the classification assigned to the wastewater treatment facilities by the Certification Commission. The Permittee must also employ a certified back-up operator of the appropriate type and grade to comply with the conditions of Title 15A, Chapter 8A, .0202. The ORC of the facility must visit each Class I facility at least weekly and each Class 11, II1, and IV facility at least daily, excluding weekends and holidays, and must properly manage and document daily operation and maintenance of the facility and'.must comply with all other conditions of Title 15A, Chapter 8A, .0202. A copy of the approved plans and specifications shall be maintained on file by the Permittee for the life of the facility. Failure to abide by the requirements contained in this Authorization to Construct may subject the Permittee to an enforcement action by the Division of Environmental Management in accordance with North Carolina General Statute 143-215.6A to 143-215.6C. The issuance of this Authorization to Construct does not preclude the Permittee from complying with any and all statutes, rules, regulations, or ordinances which may be imposed by other government agencies (local, state, and federal) which have jurisdiction. One (1) set of approved plans and specifications is being forwarded to you. If you have any questions or need additional information, please contact Dana Bolden, telephone number 919/733-50.83, extension 518. Sincerely, r JPLr e—s t ward, Jr., P.E. cc: Transylvania County Health Department Asheville legio`na-Offices Water Qualtyi Training and Certification Unit Carey Ayres, P.E., Cranston, Robertson, and Whitehurst, P.C. .r Permit No. NCO059421 Authorization to Construct Sapphire Lakes ' April 21, 1995 Page 3 Engineer's Certification I, , as a duly registered Professional Engineer in the State of North Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the project, for the Project Name Location Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the approved plans and specifications. Signature Registration No. Date 4 rT EDSTATES-OF-,�'THE,�--=INTERI.O..R'. OGICAL=:.SURVEY , 32Q 35. C. 1,410,000 FEET 19 >•', Lin %4 i ,- TENN-ESS ti MAP i • '� # PRIORITY PROJECT IF YES, SO MMBER To: Permits and Engineering Unit Water Quality Section Attention: Dana Bolden AUTHORIZATION TO CONSTRUCT NPDES PERMIT REPORT AND RECOMMENDATIONS Date March 3, 1995 COUNTY Transylvania PERMIT NUMBER ACA059421 PART I - GENERAL INFORMATION 1. Facility Name and Current Address: Sapphire Lakes Utility Co. P.O. Box 130 Sapphire, North Carolina 28774 2. Date of most recent NPDES Staff Report (copy attached):May 18, 1994 3. Changes since previous action on NPDES Permit: None 4. Verify Discharge Point(s) on plans verified with NPDES Permit. List for all discharge points: Latitude: 350 06' 20" Longitude: 820 59' 12" Attach a USGS map extract and indicate treatment facility site and discharge point on map. U.S.G.S Quad No. 185-SW U.S.G.S Quad Name Reid, NC 5. Treatment plant classification (attach completed rating sheet): Class II PART II - DESCRIPTION OF DISCHARGE AND TREATMENT WORKS The May 18, 1994 staff report is attached to this document. 1. Existing treatment facility a. What is the current permitted capacity of the facility? Page 1 tv b. Date(s) and construction activities allowed by previous Authorizations to Construct issued in the previous two (2) years: C. What is the actual treatment capacity of the current facility (design volume) ? d. Please provide a description of existing or substantially constructed wastewater treatment facilities: 2. Please provide a description of proposed wastewater treatment facilities: 3. Residuals handling and utilization/disposal scheme: a. -- --- If ---residuals are being land applied, please specify DEM Permit Number Residual Contractor: Telephone Number: b. Residuals stabilization: PSRP PFRP OTHER c. Landfill: d. Other disposal/utilization scheme (Specify): 4. Important SOC, JOC or Compliance Schedule dates: (Please indicate) Date Submission of Plans and Specifications Begin Construction Complete Construction PART III - EVALUATION AND RECOMMENDATIONS Cranston Engineering has made adjustments to flow equalization basin as requested. However, the modified plans submitted still noted timers on the pumps and did not demonstrate any mechanism in which the operator could adjust the flow rate from the equalization tank to the aeration basin. This was discussed with Carey Ayres, the engineer, who stated that the timer notation on the plans had.been left on the plans by mistake. Also, valves are to be provided to allow adjustment of the flow rate. Concerns regarding the design of the flow equalization have now been satisfactorily addressed. The A to C should be issued. Signat e of Repor reparer ater Quali y Regional Supervisor Dat j . C PRIORITY PROJECT: No x IF YES, SOC NUMBER TO: PERMITS AND ENGINEERING UNIT WATER QUALITY SECTION ATTENTION: Dana Bolden DATE: May 18, 1994 NPDES STAFF REPORT AND RECOMMENDATION COUNTY Transylvania PERMIT NUMBER NCO059421 PART I - GENERAL INFORMATION 1. Facility and Address: Sapphire Lakes Utility Co., Inc. 1529 Horseshoe Drive Columbia, South Carolina 29224 2. Date of Investigation: March 4, 1994 3. 4. Report Prepared By: Kerry S. Becker Persons Contacted and Telephone Number: Wayne Bryson 704-884-7512 5. Directions to Site: The facility is located off U.S. Hwy 64 approximately 1.5 miles west of Bohaynee Rd, (Hwy 281 S.). 6. Discharge Point(s), List for all discharge points: Latitude: 350 06' 20" Longitude: 820 5912" Attach a USGS map extract and indicate treatment facility site and discharge point on map. U.S.G.S. Quad No. 185-SW U.S.G.S. Quad Name Reid, N.C. 7. Site size and expansion area consistent with application? x Yes No If No, explain: Page 1 8. Topography (relationship to flood plain included): Steep, adjacent to the Horseshoe River. 9. Location of nearest dwelling: >100 ft. 10. Receiving stream or affected surface waters: Horsepasture River a. Classification: C Trout b. River Basin and Subbasin No.: SAV 03-13-02 C. Describe receiving stream features and pertinent downstream uses: The Horsepasture is a swift moving, rocky bottom stream that drains mountainous terrain. The area is. primarily rural, sparsely populated with seasonal homes. Approximately 1 mile below the discharge point, the Horsepasture assumes a B Trout classification. Camping, canoeing, and swimming are regular occurrences in this portion of the river. Fishing activities occur in all sections of the river. PART II - DES.CRIPTION *OF DISCHARGE AND TREATMENT WORKS 1. a. Volume of wastewater to be permitted 0.025 MGD (Ultimate Design Capacity) b. What is the current permitted capacity of the Wastewater Treatment facility? 0.300 MGD Application indicated flow request of 25,000 gpd. C. Actual treatment capacity of the current facility (current design capacity 0.025 MGD d. Date(s) and construction activities allowed by previous Authorizations to Construct issued in -the previous two years: None issued. e. Please provide a description of existing or substantially constructed wastewater treatment facilities: The existing facility consists of a 25,000 gallon package plant followed by effluent chlorination and dechlorination. f. Please provide a description of proposed wastewater treatment facilities: Installation of a 10,000 gallon flow equalization tank. g. Possible toxic impacts to surface waters: Chlorine Page 2 2. Residuals handling and utilization/disposal scheme: Commercial septic tank cleaning firm. 3. Treatment plant classification (attach completed rating sheet): Class II 4. SIC Codes(s): 4952 Wastewater Code(s) of actual wastewater, not particular facilities i.e., non -contact cooling water discharge from a metal plating company would be 14, not 56. Primary 06 Secondary Main Treatment Unit Code: 060-7 PART III - OTHER PERTINENT INFORMATION 1. Alternative Analysis Evaluation: Has the facility evaluated all of the non -discharge options available. Please provide regional perspective for each option evaluated. Spray Irrigation: Connection to Regional Sewer System: Subsurface: Other disposal options: PART IV - EVALUATION AND RECOMMENDATIONS The facility has maintained compliance with permit limits for the past year. The Asheville Regional Office recommends renewal of the NPDES permit for the Sapphire Lakes Plant #l. Signature of Report Preparer i W er Qua ity Regional Supervisor q--)q 7 Date Page 3 Staff Review and Evaluation NPDES Wastewater Permit FACILITY INFORMATION Facility Sapphire Lakes Utility Co., Inc. -Plant I NPDES No. NCO059421 Design Flow (MGD) 0.025/0.3 Facility Class II STREAM CHARACTERISTICS Stream Name Horsepasture River Stream Class C Tr Sub -basin 031302 Drainage Area (mil) 23 S7Q10 (cfs) 13.8 W7Q10 (cfs) 20.5 30Q2 (cfs) 29.3 IWC (%) 0.3/3.3 Proposed Changes Parameters Affected Basis for change(s) monitoring frequencies at 0.3 all 2B.0508 rules for Class II facility- this facility does not MGD change classification at higher flow Compliance Schedule: none Special Condition(s): none Permits & Engineering Comments: This is a permit renewal for a package plant. No problems were noted in the last renewal. Facility still operating well under 0.025 MGD. Compliance inspection in 1996 indicated that facility was meeting limits, but the flow equalization basin was not being operated properly. P&E recommends renewal.with chTV-u"Ptk8n--� noted above P Y+� Prepared b Regional Office Evaluation and Recommendations: L1 ,�o 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 Sapphire Lakes Utility Co. #1 NCO059421 Domestic -100% Existing Renewal Horsepasture River C-Trout 031302 Transylvania Asheville Dana Bolden 6i1/94 G7SW Request # 7864 Stream unaractenstic• USGS # Date. Drainage Area (mi2): 23 Summer 7Q10 (cfs): 13.8 Winter 7Q10 (cfs): 20.5 Average Flow (cfs): 85.1 30Q2 (cfs): 29.3 1WC M: 3.3 Wasteload Allocation Summary (approach taken, correspondence .with region, EPA, etc.) WLA requested because.facility has a phased flow. A to C for 0.025 mgd. Recalculated flows. Used new flow values in -the level B model whichpredicted a minimum D.O. at dischar� location. Summer End D.O. = 8.51, CBOD =2.28 mg/1 and NBOD = 2.87 mg/1. Recommend exis g limits plus a chlorine limit of 28 ug/l. Allowable NH3N =24 mg/1 in summer and 71 mg/1 in winter. A chlorine limit wasn't given in the past because believed facility to have installed an UV disinfection system; there is evidence of a chlorine disinfection system. Last 2 years effluent chlorine max monthly averages have been above 3.3 mg/l . Should instream Monitoring requirement be added.4v Do,-Vevv&j>, i4e- wee {Ze(owk X�wh�-� eti�j "e Cowtn^Qi ixQW �r,& �W w i&Pa L- Specii/al Schedule Requirements and additional comments from Reviewers: / T i N Y Z r, occl�w 4) .3OU. v7r� Siirs�r�i� des,t�.�- lV��.�c�/7b 7(V'X„ u. fwoc c lLss ww��'rc%�r�l�a,us s�tC Recommended by: Date: 6r'v % Reviewed by Instrearn Assessment: i Date: `7 Region rvisor: Date: Permi Engineering: Date: RETURN TO TECHNICAL SUPPORT BY: J U L 16 1994 s t i S U t iT 27 gi 10: 119 TECHNICAL SPECIFICATIONS for WASTEWATER TREATMENT PLANT IMPROVEMENTS to serve SAPPHIRE LADES �tiaaa�aara�ra CRANSTON, ROBEMON AND WHITEHURST, P. C�s�°`N C A RD Engineers - Planners - Surveyors .�''� O` •'•'ES5% °•el'L��` #12 Chestnut Square - P.O. Box 450� �yq 9 Cashiers, North Carolina 28717 = S E A L 12319 = July 13, 1994 , , •••• �� ,,11 ff ��'•° ,`4 ri, � ••e G � o;•• 0 \� o,,,cgREY fill v 93-484 SECTION TS-2 k_MODULAR STEEL FLOW EQUALIZATION BASIN -01. GENERAL _ The contractor shall install a 1'10,--6-0 gallon wastewater treatment pl t that will be �converteci to_ a �flow equalization basin, complete with connecting piping -and appurtenant work, as detailed on the drawings and specified herein. -02. SHOP DRAWINGS The contractor shall submit a minimum of six (6) copies of all shop drawings to the Engineer for approval. Of these, two copies will be returned to the contractor with appropriate action taken. Receipt of less than the minimum required number of copies will be cause for withholding the shop drawings from being checked until receipt of the necessary additional copies. Each set of shop drawings shall include, but not necessarily be limited to: a) Drawings showing dimensions of all major components including dimensions. b) Complete installation instructions including anchor bolt layout, interconnecting piping details and mechanical connections. c) Control data shall be provided covering the following details: 1) Approximate enclosure dimensions including height, width and depth. 2) Maximum wire size (main terminal block or disconnect device) 3) Air circuit breaker data including: function, reference designator, frame size, poles, rated current, and estimated load. 4) Motor starter data shall include: function, reference designator, NEMA size, service voltage, phase, number of overload heaters, and coil voltage. 5) Motor data shall include: function, horsepower, phase, frequency, voltage, approximate full load current, service factor, nominal RPM, frame size, NEMA speed torque design, and insulation class. 6) A control schematic diagram shall be provided that shows power and control circuits in sufficient detail to evaluate the control system design. TS-2-1 d) Performance data including, when applicable, Aerator Industries Aire O 2hp blower curves, motor data, froth pump data and diffuser head loss data. e) All other information necessary to enable the Engineer to determine whether the proposed equipment meets the specified requirements. -03. STRUCTURAL All outer steel walls shall be structurally designed to withstand full hydrostatic forces applied from either side of the wall. All walls shall have reinforcing located no further than 4' o.C. The minimum wall thickness shall be 1/411, (.250) ASTM-A36 steel plate. The method used to initially fill the tank with liquid may be selected by the Engineer to test the hydrostatic design. Any failure or excessive deflection shall be remedied and all costs shall be borne by the manufacturer. -04. TANK AND INSTALLATION The principle items of equipment shall include flow regulator box, Aire 02 Aerator, float switch, run timers, duplex Myers grinder pumps, etc. all internal piping and valves, and conduit and wiring. All work on the tank including welding, on tank wiring, interior piping_, installation of equipment and internal and external painting, shall be completed in the field, installation shall entail placing and anchoring each unit, attaching handrails, making external piping and electrical connections, painting of scuffed areas and setting the blower motor assembly and control panel. -05. PUMPS Scope: Furnish and install j two S-ub_mersble- grinding': sewage -pua (ti,$) . Each pump shall be capable of delivering ;I.8�_ GPl'i at 12 TDH, with a shut off head_ of 100 TDH (minimum). The pump motor shall be 3450 RPM, ;`1 HP_ (m_inimum) single phase, 60 Hertz, 230 volts. The pump(s) shall be manufactured by a company regularly engaged in the manufacturing and assembly of similar units for a minimum of five (5) years in the United States. The pump(s) shall be Myers RG10 Grinder. Pump Design: Each pump shall be capable of handling raw, unscreened domestic sewage consisting or water, fibrous materials. The pump(s) shall be capable of handling liquids with temperatures to 140 degrees F, and shall be capable of running dry for extended periods of time without damage to the motor and/or seals. TS-2-2 Pump Construction: The pump body, seal plates, impeller, and motor housing shall be constructed of high quality ASTM class 30 cast iron or better. A coat of air dry enamel shall be applied before and after assembly. All exposed hardware shall be 300 series stainless steel. All gaskets shall be of the compression square ring type eliminating critical slip fits and the possibility of damage during service associated with sliding o-ring sealing arrangements. The pump construction shall contain no points of critical clearance nor require periodic adjustment or replacement to maintain reasonable operating efficiency. Discharge connection shall be one (1) inch NPT in the vertical position. The impeller shall be of the two vane, non -clog design with pressure vanes on the back side and of the key drive design. The impeller shall be dynamically balanced and shall be capable of handling solids, fibrous materials, and other matter found in normal sewage applications. The mechanical shaft seal shall operate in an oil -filled seal cavity. The materials of construction shall be carbon for the rotating face and ceramic for the stationery face, lapped and polished to a tolerance of one light band, stainless steel hardware, and with all rubber parts of Buna-N. Seals which are lubricated by the liquid being pumped shall not be considered equal. A secondary Buna-N lip seal shall be provided between the mechanical seal and pumped fluid. The motor shall be the standard product of an established American motor manufacturer. The motor shall be designed to be =non -overloading over the entire pump curve. The motor and starter assembly shall be of the standard frame design and secured to the pump seal plate by four threaded fasteners allowing for easy serviceability. Motor design incorporating shrink or press fit assembly of the starter and motor housing shall not be acceptable. The motor housing shall be of submersible construction with the windings operating in a sealed environment containing clean dielectric oil, making it capable of operating in a totally, partially, or non -submerged condition for extended periods of time without damage due to the heat being generated. Air -filled motors shall not be acceptable. The motor windings shall be of Class F insulation rated at 155 degrees C. The motor shall meet the standard for enclosure -type mounting and basis electric design for NEMA Design B. The motor shaft shall be of 416 stainless steel. The thrust bearing of the single row ball type. The pump shall be equipped with 20 feet of type 16 gauge power cable. The cable entry design shall be such that it precludes specific torque requirements to insure a watertight and submersible seal. Heat shrink tubes shall be used to connect power cord leads with motor leads. A master heat shrink tube shall be provided and filled with epoxy to seal the outer cable jacket and the individual TS-2-3 strands to prevent water from entering the motor housing. A second rubber pressure grommet shall be provided as an additional sealing point and strain relief at the point of cable entry. Cable entry designs utilizing terminal boards to connect power cord leads with motor leads shall not be acceptable. -06. LEVEL CONTROL SYSTEM Tank levels shall be sensed by direct acting, non -floating, displacement type level switches. Each switch shall contain a single pole mercury switch which actuates when the longitudinal axis of the float is horizontal, and deactuates when the liquid level falls ill below the actuation elevations. The housing shall be a chemical resistant polypropylene casing with a firmly bonded electrical cable protruding. One end of the cable shall be encapsulated to form a completely water tight and impact resistant unit. Each unit shall be UL listed for pilot duty and for industrial quality control equipment and shall be weighted for suspended mounting. -07. PUMP MANUAL CONTROL An H-O-A switch shall be provided on the control panel door for each pump motor. -08. PUMP AUTOMATIC CONTROL The pumps shall be controlled by the liquid level in the tank. The level switches shall be used to automatically turn the pumps on, and off at preset liquid levels. An automatic alternator shall be profiled in the control system such that the pump motors are automatically alternated at the end of each pump cycle. -0 9 . _AAft-ALARMS- it There will be .vialand,AJaudllealar¢s installed in/on the control panel. �_ y -10. PIPING• All surge pump piping shall be Schedule 40 PVC pipe. Piping shall be provided as shown on the plans. Pipe sizes shall be as specified on the plans. _ imfiOw REGULAT_O;R._ E O ;� , The flow regulator box shall be fabricated from steel. The box shall be located as shown on the drawings, and shall be accessible for ease of maintenance. TS-2-4 a The flow regulator box shall be sized as required for the specified rate. -12. AERATION SYSTEM --AERATION-INDUSTRIES, INC: AIRE-02 2HP Aerator Assembly Number: 510-340 Motor HP4 Phase single Hertz 60 RPM 3470 Service Factor 1.15 Minimum Efficiency 74 Power Factor 78 NEMA Frame 145TZ Aerator Weight 77 lbs. Approximate Aerator Shipping Weight 119 lbs. General The aerator shall consist of an electric motor above the water surface, connected to a hollow shaft within a protective housing positioned at a 35 to 45 degree angle downward into the water, to drive a propeller beneath the water surface. The propeller shall thrust water past a diffuser to include a pressure differential, drawing air through intake holes above the water surface down through the,rot_ating hollow shaft and diffuser into the water, in the form of f-lne bub ,ess',as defined by the U.S. EPA. The aerated water shall be thoroughly distributed by linking the directional flow of multiple aerators to create a circular flow pattern within the basin. Performance The aerator shall be capable of transferring at least 2.5 lb. 02/HP/hr in clean water under standard conditions when tested according to ASCE standard methods. The aerator TS-2-5 manufacturer shall provide independent test results documenting this minimum transfer rate, and shall provide five references of installations in similar conditions and climate. Motor The motor shall be totally -enclosed fan -cooled, 2 horsepower, 230 volt, single phase, 60 hertz, with 1.15 service factor and minimum efficiency of 74%. The motor shell shall be cast iron construction, with 316 stainless steel shaft, the motor bearing shall have a minimum B-10 life expectancy of 100,000 hours absorbing the full aeration thrust. Magnet wire shall be 200' rated with Class F non-hydroscopic insulation and Class F type leads. Windings shall be treated with two polyester varnish dips and bakes. Internal components shall be of standard trade steel. Shaft The hollow shaft shall be full -welded to a universal joint which is connected to the motor shaft to minimize centrifugal deflection. This U-joint shaft shall be dynamically balanced to within 0.2 mils at the aerator's rated RPM. The U-joint shall be forged carbon steel and the shaft shall be 300 series stainless steel. The shaft shall be supported by a steady bearing located near the discharge end. The area of the shaft shall be supported by a steady bearing located near the discharge end. The area of the shaft surrounded by the bearing shall be fitted with a replaceable ceramic wear sleeve. Ceramic Sleeve The replaceable ceramic wear sleeve shall be the only moving part in contact with the bearing and shall spin with the shaft as one unit. It shall have a hardness rating of at least R45N83 and a surface finish of at least 16 microinches, thus providing optimum protection from grit found in waste water. Aerators without a ceramic wear sleeve are not acceptable. Lower Bearing The replaceable bearing shall be water - lubricated and press -fitted into the housing at the lower end. Water lubrication shall be provided by longitudinal grooves on the inside wall and water inlet holes penetrating the walls of the bearing. Housing The housing shall be 316 stainless steel tubular design flanged for mounting to the aerator mounting flange. Housing shall form a guard around the hollow shaft and support a replaceable water -lubricated bearing press -fitted into the housing at the lower end. Water lubrication holes shall penetrate the housing in the area surrounding the bearing. Mounting Flange A 316 stainless steel three blade designed for optimum aeration performance. The propeller shall be threaded to the shaft, thus holding the ceramic sleeve in place. Thread direction shall be to tighten propeller during normal rotation. TS-2-6 Diffuser The aerator shall be equipped with a removable 316 stainless steel diffuser threaded t the drive shaft designed for optimum dispersion of air, aspirated through the hollow shaft, in the form of fine bubbles (U.S. EPA definition) into receiving water. Acceptable Manufacturers: AIRE-02 mechanical aspirating aerator as manufactured by Aeration Industries, Inc., Chaska, Minnesota, USA. -13. SURFACE PREPARATION AND CORROSION PROTECTION All steel surfaces shall receive a near -white blast to remove rust, mill scale, and weld slag. All weld spatter and surface roughness shall be removed by shipping and grinding smooth. All prepared surfaces shall be thoroughly dry and free from preparation dust and foreign matter prior to the application of any coating. Craftsmen applying protective coatings shall be thoroughly familiar with the application guidelines and preparation requirements of the product to be applied. All materials shall be evenly applied and shall be free from obvious defects. Protective coatings shall not be applied to improperly prepared surfaces or during conditions considered to be not conducive to sound painting practices or in fog, rain, snow, mist or when the surface temperature is less than 40 degrees F"or the humidity exceeds 85%. Immediately after surface preparation, a polyamine-cured high - build epoxy designed for protection of steel shall be applied. No discoloration of the cleaned areas shall occur prior to the application of this coat. All steel surfaces shall receive a 3 mil dry film thickness of this protective coating. After surfaces are suitable for top coating, a 3 mil dry film thickness of polyamine-cured high -build epoxy of the specified color shall be Delft Blue. Total dry film thickness of the coatings shall be 6 mils. Dry film thickness of all coats shall be made by employing standard calibrated dry film thickness gauges. A paint touch-up kit shall be provided for repair of scratches or mars that occur during shipment or installation. Detailed instructions shall be included and the materials shall be compatible with the coatings as outlined above. TS-2-7 t� Facility Status: (Please check one of the following) All monitoring data and sampling frequencies meet permit requirements (including weekly averages, if applicable) Co�X All monitoring data and sampling frequencies do'NOT'meet permit requirements Noncompliant The permittee shall report to the Director or the appropriate2egional Office any noncompliance that potentially If the facility is noncompliant, please attach a list of Corr¢ tive actions being taken and a time -table for ,,I certify, under penalty of law, that this document and all attachments were prepared under my direction or A&D WATER SERVICES, INC Permittee (Please print or type) ,f T Signature of Permittee*** 1 (Required unless submitted electronically) PO BOX 1407, PISGAH FOREST, NC 28768 8928-884-9537 admaintCa%oitcom net 2022 Permittee Address Phone Number e-mail address Permit Expiration Date ADDITIONAL CERTIFIED LABORATORIES Certified Laboratory (2) Certification No. Certified Laboratory (3) Certification No. Certified Laboratory (4) Certification No. Certified Laboratory (5) Certification No. PARAMETER CODES Parameter Code assistance may be obtained by calling the NPDES Unit at (919) 733-5083 or by visiting the Use only units of measurement designated in the reporting facility's NPDES permit for reporting data Y No Flow/Discharge From Site: Check this box if no discharge occurs and, as a result, there are no data to be entered for all of the parameters on the DMR for the entire monitoring period. xx ORC On Site?: ORC must visit facility and document visitation of facility as required per 15A NCAC 8G_.0204. *Kx Signature of Permittee: If signed by other than the permittee, then the delegation of the signatory authority must be on file with the state per 15A NCAC 2B EFFLUENT NPDES PERMIT NO NCO059421 DISCHARGE NO. 001 MONTH JUNE YEAR 2019 FACILITY NAME SAPPHIRE LAKES 1 CLASS 2 CouNTY TRANSYLVANIA CERTIFIED LABORATORY (1) E T S CERTIFICATION NO (2) NC600 (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 OR $HONE 828-884-9537 CHECK BOX IF ORC HAS CHANGED Ex - Mail FROM SITE NO FLOW / Mail ORIGINAL and ONE COPY to: L—ld ATTN: CENTRAL FILES 7/2212019 DIVISION OF WATER QUALITY (SIGNATURE OF OPERATOR IN RESPONSIBLE ARGE) DATE 1617 MAIL SERVICE CENTER BY THIS SIGNATURE, I CERTIFY THAT THUS REPORT IS RALEIGH NC 27699-1617 ACCURATE AND COMPLETE TO THE BEST OF MYKNOWLEDGE. 11 1 1 I I• I I 11. 1 1 1 I I I I I I I ® 1 1 I I IIIII_--IS-IIIIIIII- ® 1 :1 ■RA6111 ® 1 ,1: ® 1. 11 1 1 , e 1 11 . ���■e�■®e®e®®®®®® ®e 11 1 e 1 11 ®®®■®®■®■®®®■®®®® ® 1 1 11, e , 11 �ee®��®®■®®®®®®®® NMI DWQ Form MR-1 (I IIG4) 1 V I j-7 I i r I II l i I- AUG 2 0 2019 Water Quality Regiunrl Ope;ra,';,)r.S Asheville Regional QA-, AUG 14 Z019 Facility Status: (Please check one of the following) All monitoring data and sampling frequencies meet permit requirements i (including weekly averages, if applicable) Compliant All monitoring data and sampling frequencies do NOT meet permit requirements F-1 Noncompliant The permittee shall report to the Director or the appropriate Regional Office any noncompliance that potentially threatens public health or the environment. Any information shall be provided orally within 24 hours from the time the permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the permittee becomes aware of the circumstances. If the facility is noncompliant, please attach a list of corrective actions being taken and a time -table for improvements to be made as required by fart II.E.6 of the NPDES permit. "I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who managed the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations." A & D Water Services, Inc Permittee (Please print or type) A&D Water Service, Inc P.O. Box 1407 t l Pisgah forest, NC 28768 Signature ofPermittee*** Date (Required unless submitted electronically) Permittee Address Phone Number e-mail address Permit Expiration Date P,o. SOX IgO7 P(SQ�� serf- N.C. 2$'76r 828-884-9772 admaintacilmm.net ZOZZ ADDITIONAL CERTIFIED LABORATORIES Certified Laboratory (2) Certified Laboratory (3) Certified`Laboratory (4) Certified Laboratory (5) PARAMETER CODES Certification No. Certification No. Certification No. Certification No. Parameter Code assistance may be obtained by calling the NPDES Unit at (919) 807-6300 or by visiting http://portal.ncdenr.org/web/wq/swp/ps/npdes/appforms. Use only units of measurement designated in the reporting facility's NPDES permit for reporting data. x No Flow/Discharge From Site: Check this box if no discharge occurs and, as a result, there are no data to be entered for" of the parameters on the DMR for the entire monitoring period. xx ORC On Site?: ORC must visit facility and document visitation of facility as required per 15A NCAC 8G .0204. xr Signature of Permittee: If signed by other than the permittee, then the delegation of the signatory authority must be on file with the state per 15A NCAC 2B .0506(b)(2)(D). Page 2 EFFLUENT NPDES PERMIT NO. N00059421 DISCHARGENO. Do/ MONTH YEAR v� I FACILITY NAME Sapphire Lakes I CLASS -Z� COUNTY Transylvania CERTIFIED LABORATORY (1) Environmental Testing Solutions (list additional laboratories on the backsidelpage 2 of this form) OPERATOR IN RESPONSIBLE CHARGE (ORC) Gary Norton GRADE $ CERTIFICATION NO. 21853 PERSON(S) COLLECTING SAMPLES Gary Norton I Richard McCrary ORC PHONE 828-553-2990 CHECK BOX IF ORC HAS CHANGED NO FLOW / DISCHARGE FROM SITE* Mail ORIGINAL and ONE COPY to: ATIN:CENTRALFRFS x � 1p — z Z — / 9 DIVISION OF\VATERRFSOURLES (SlUNKIOSF'j11Cl1TaliINiIE?;l�ASI8LECHARG) E 1617 MAILSERVICECENTER BY THIS SIGNATURE, I CERTIFY IHATTHIS REPORTIS RAIEIM NC 27699-1617 ACCURATE AND COMPLETE TO THE BESTOF MY KNOIVLEDGE. MI 171mmir,1 I II.11 1m1 II I 11 1 II 1 11 II II 11 I1�� W. in IM11111 •D 7• NINE . AQWw" ®UJZM®®® 7 ®Ou-rVM IS MIMM MMINIM MEN ®®-_ 11 �i M b.7 AMMIMM --_�--_______�lt►iti?l1:11L�11I�h11{ l.YIi11N1151 EMMM IMMIMMOMMEM 3W1 9 EMMMIMEMMMIN EMMMMM a �Af 11 13g9 i�'1 Re"E MS film JUL 16 2019 r:-,V,,l DWR Form MR-1 (08/05) Vvatr t'ualltY Regional Operations Asheville Regional Office T Facility Status: (Please check one of the following) All monitoring data and sampling frequencies meet permit requirements (including weekly averages, if applicable) Compliant 0 All monitoring data and sampling frequencies do NOT meet permit requirements Noncomplia X X The permittee shall report to the Director or the appropriate Regional Office any noncompliance that potentially If the facility is noncompliant, please attach a list of corrective actions being taken and a time -table for "I certify, .under penalty of law, that this document and all attachments were prepared under my direction or A&D WATER SERVICES, INC tp,pnittee (Please print or type) Skiature of Permittee*** T (Required unless submitted electronically) PO BOX 1407, PISGAH FOREST, NC 28768 admaint@citcom.net 2022 Permittee Address Phone Number e-mail address Permit Expiration Date Certified Laboratory (2) Certified Laboratory (3) Certified Laboratory (4) Certified Laboratory (5) ADDITIONAL CERTIFIED LABORATORIES PARAMETER CODES Certification No. Certification No. Certification No. Certification No. Parameter Code assistance may be obtained by calling the NPDES Unit at (919) 733-5083 or by visiting the Use only units of measurement designated in the reporting facility's NPDES permit for reporting data. No Flow/Discharge From Site: Check this box if no discharge occurs and, as a result, there are no data to be entered for all of the parameters on the DNM for the entire monitoring period. ** ORC On Site?: ORC must visit facility and document visitation of facility as required per 15A NCAC 8G .0204. **x Signature of Permittee: If signed by other than the permittee, then the delegation of the signatory authority must be on file with the state Der 15A NCAC 2B .0 ON DAILY BOD 7/1/2019 69MG/L. E@T LOOKED GOOD ONLY THING THAT COULD CAUSED THIS WAS DECLOR TABS EFFLUENT NPDES PERMIT NO NCO059421 DISCHARGE NO. 001 MONTH DULY YEAR 2019 FACILITY NAME SAPPHIRE LAKES 1 CLASS 2 COUNTY TRANSYLVANIA CERTIFIED LABORATORY (1) E T S CERTIFICATION NO (2) NC600 (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 OR E 828-884-9537 CHECK BOX IF ORC HAS CHANGED NO FLOW / DISCHARGE FROM SITE Mail ORIGINAL and ONE COPY to: ATTN: CENTRAL FILES 8/2612019 DIVISION OF WATER QUALITY (SIGNATURE OPERATOR IN RESPONSIBLE CHARG DATE 1617 MAIL SERVICE CENTER BY THIS SIGNATURE, I CERTIFY THAT THIS REPORT 1S RALEIGH, NC 27699-1617 ACCURATE AND COMPLETE TO THE BEST OF MY KNOWLEDGE. III 50050 00010 00400 50060 00310 00610 00530 31616 00300 C0600 00400 E� 0` F U C FLOW o V G P C4 R7 La V z Qz W ezga pp,� F °n Vao ' o o Uv DIS OL XYGE N TOTAL NITROG EN TOTAL PHOSP HORUS ENTER PARAMETER CODE ABOVE NAME AND UNITS BELOW gar INF ❑ SE 132 , a Ed- pC disinfection HRS Has YB/N MGD 0 C UNITS UG/L MG/L MG/L MG/L #/100ML MG/L 1 0825 0035 Y 0.0063 20 7.6. <50 > 69 14 6.8 <1 2 2.7 2 0910 0025 Y 0.0066 .. 3 ..0945...,.... 0030 . - y.,...� ,.. 0.008 - 4 HOLIDY 0.007 5 0805 0030 Y 0.007 <50 - T 6 0.008 t' 0.008 0730 0045 Y 0.008 i. ,r d7, "UTIO �1010 r97 0045 Y 0.007 (�t 1 0825 0045 Y 0.0054 21.5 7.5 <50 29 7 19 L8 v 0905 0040 Y 0:0056 12 0825 0030 Y 0.0021 <50 13 0.008 14 0.008 15 0815 0035 Y>- 6.008 16 1230 0035 Y 0.0072 17 0910' 0040 Y 0.007 22 7.2 <50 16 22 12 3 4f e i 18 1 0750 0030 Y 0.0078 19 . 0900 0035 Y' 0.006 <50 20 0.0052 ° a 22 0800 0030 Y 0.0052 23 1215 0040 Y 0.0032 -+s 24 0905 0040 1 Y 0.007 21 7.1 <50 9.7 < 5 I cite L"9 25 1140.'. 0040 Y 0.0084 �� G �Q 26 1015 0030 Y 0.0055 <50 i e lo $ ' 27- '0.005 1 e 28 0.005 29 0705 0030 Y 0.005 30 0805 0025 Y 0.0128 31 1 0800 = 0045 1 Y 0.0062 20 7.4 <50 -21 < 5 < 1 1.8 AVERAGE 0.0066 20.9 <50 28.94 18 7.16 3.457366 2.04 MINIMUM 0.0021 20 71 <50 9.7 14 5 1 1 1.8 MAXIMUM 0.0128 22 7.6 <50 69 22 12 19 2.7 ' Comp. C/ Grab G) G G G G G G G G' G G Monthly Limit 0.025 6.019.0 28 30/45 1 M/R 1 30/45 1 200/400 M&R M&R M&R DWO Form MR-1 (11/04 ) EFFLUENT 0 NPDES PERMIT NO NCO059421 DISCHARGE NO. 001 MONTH SEPT YEAR 2019 FACILITY NAME SAPPHIRE LAKES 1 CLASS 2 COUNTY TRANSYLVANIA E T S CERTIFICATION NO (2) NC600 CERTIFIED LABORATORY (1) (list additional laboratories on the backside/page 2 of this form) OPERATOR IN RESPONSIBLE CHARGE (ORC) William Wesley Royal GRADE 3 PERSON(S) COLLECTING SAMPLES Wes Royal 0�' CHECK BOX IF ORC HAS CHANGED Mail ORIGINAL and ONE COPY to: NO. 13471 828-884-9537 NO FLOW / DISCHARGE FROM SITE 1012312019 ATTN: CENTRAL FILES c DATE DIVISION OF WATER QUALITY I (SIGNATURE OF OPERATOR IN 1�FSPONSIBLE CHARGE) 1617 MAIL SERVICE CENTER BY THIS SIGNATURE, I CERTIFY THAT THIS REPORT IS R'L H NC 27699-1617 ACCURATE AND COMPLETE TO THE BEST OF MY KNOWLEDGE. 50050 00010 00400 50060 00310 00610 00530 31616 00300 C0600 00400 DISSOL TOTAL TOTAL ENTER PARAMETER CODE ABOVE FLOW ¢ VED NITROG PHOSP NAME AND UNITS BELOW * EFF ❑ G G OXYGE EN HORUS LINF 0 w r�s7 ,y+ 0 Z W .2 oy Fp aQ OQ Oa O dZO a eO•c X ONpwv2ar disinfection O a 4�• F r• r r of © rrr : ®®���E'�sw.�vmli7•�.s��� l'si• r r r r r © rrr .. ®__■__■�■_______ r• r r too: er SEE _O_______ ®®IME ®® r r, r® r r ©; rrr rrr : ' ®��■®�er�eMEM® ®®®®®® ®�e����m���M��mm ® 0 0 ®® ME MEN MEN ____MEN SEE SEE MENr MEN INE r• r r . r Vie rrr: ���e��■i■emeMOM ®®MENEMS MEN MEN MEN MEE SEE ®® ��� MEN MENMEN MEN MEN MEN SIM 1ii�®�i��ii��i�N MENr r r : ®® Emm IME ®®®®® m__E_ ® ®®NEE __ ____ SEE ® es®mem e��■mm ®®owe®®®tee I c MEN mml SEE MEN MEN IMEEWE EVIE®ee ��IEEIEM m r - WQT MR-1(11104') �• I l,, I I Utz) --J F,_c iclnal oparaiiolls nNov 0 4 2019 tni� l ivVillc r,.�: Ji(JI]c!i rr• J rIIiCG-' _ Facility Status: (Please check one of the following) All monitoring data and sampling frequencies meet permit requirements (including weekly averages, if applicable) Compliant X All monitoring data and sampling frequencies do NOT meet permit requirements Noncompliant 0 The permittee shall report to the Director or the appropriate Regional Office any noncompliance that potentially If the facility is noncompliant, please attach a list of corrective actions being taken and a time -table for "I certify, under penalty of law, that this document and all attachments were prepared under my direction or A&D WATER SERVICES, INC Permittee (Please print or type) Signature of Permittee*** Date (Required unless submitted electronically) PO BOX 1407, PISGAH FOREST, NC 28768 8928-884-9537 admaint@citcom.net 2022 Permittee Address Phone, Number e-mail address Permit Expiration Date Certified Laboratory (2) Certified Laboratory (3) Certified Laboratory (4) Certified Laboratory (5) ADDITIONAL CERTIFIED LABORATORIES PARAMETER CODES Certification No. Certification No. Certification No. Certification No. Parameter Code assistance may be obtained by calling the NPDES Unit at (919) 733-5083 or by visiting the Use only units of measurement designated in the reporting facility's NPDES permit for reporting data. No Flow/Discharge From Site: Check this box if no discharge occurs and, as a result, there are no data to be entered for all of the parameters on the DNIR for the entire monitoring period. x* ORC On Site?: ORC must visit facility and document visitation of facility as required per 15A NCAC 8G .0204. *** Signature of Permittee: If signed by other than the permittee, then the delegation of the signatory authority must be on the with the state per 15A NUAC: 213 . EFFLUENT NPDES PERMIT NO NCO059421 DISCHARGE NO. 001 FACILITY NAME SAPPHIRE LAKES 1 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 GRADE 3 CERTIFICATION NO. 13471 PERSON(S) COLLECTING SAMPLES Wes Royal ORC PHONE 828-884-9537 CHECK BOX IF ORC HAS CHANGED Mail ORIGINAL and ONE COPY to: ATTN: CENTRAL FILES DIVISION OF WATER QUALITY 1617 MAII. SERVICE CENTER RALEIGH NC 27699-1617 MONTH OCTOBER YEAR 2019 2 COUNTY TRANSYLVANIA NC600 / NO FLOW / DISCHARGE FROM SITE % v u 11f15/2019 (SIGNATURE OF ERATOR IN RESPONSIBLE C DATE BY THIS SIGNATURE, I CERTIFY THAT THIS REPORT IS ACCURATE AND COMPLETE TO THE BEST OF MY KNOWLEDGE. 50050 00010 00400 50060 00310 00610 00530 1 31616 00300 C0600 00400 Iu Q Fa F y * O FLOW H D Fa o W C W !"' y a G4 UO� O fi Vv DISSOL VEDOXY N TOTAL NITROG EN TOTAL PHOSP HORUS ENTER PARAMETER CODE ABOVE NAME AND UNITS BELOW EFF INF Qa disinfection HRS HRS Y/B/N MGD C UNITS UG/L MG/L MG/L MG/L 0/100ML MG/L 1 0750 0050, Y 0.0064 21 2 0840 0035 Y 0.0036 21 6.9 <50 18 0.63 < 5 4 1.7 ..:,3.;'. IT30 - -0025:'- .Y-.:,a..0.0094.,„, -21 4 0750 0025 Y 0.0046 21 <50 5 .. 406-079. ' 6 0.0079 7.' 0720 0025 Y 0.0079 19 8 0815 0030 Y 0.007 19 9 ' 0730 0036 Y '' 0.0088 18 7.1 <50 4.1 11 14 1.7'^ 10 0845 0030 Y 0.0084 18 11, 0730 . • 0020, Y , . 0.007 , 17 <50 ' 12 0.0091 13 0.0091 14 0730 0025 Y 0.0091 17 15 ' 0830 .0030 Y 0.0062' ' 15 16 0840 0025 Y 0.0044 15 6.7 <50 19 2 13 2 1.8 17 , 0800, 0030 y.,,, ,.0,0084 15 .. 18 1 0820 0025 Y 0.0094 15 <50 ♦c ' '1.9 '. 0.0067 ., ' .. ,' ,, 4 lam+ 20 1200 0045 Y 0.0067 17 21 ` �0.0064 r 22 0835 0025 Y 0.0064 13 1 b, 23 0840,. '0025. Y' `'. 0.009, 12 6.7 <50 23 11 9 .' 1 s i !1 24 0950 0045 Y 0.0108 12 25 0930. 0030 Y 0.0102 11 <50 26 0.009 27 , 0.009 28 0735 0025 Y 0.009 16 <50 t „ y v 29°' 0745, 0025 X 0.0048 `lfiiiJ 30 0735 0035 Y 0.0042 16 7.2 <50 4.1 8.8 2 1.3 A-. , r .;7 i r �." (w 3'1 0705 ' 0020 , Y 0.0058 17 ' AVERAGE 0.0075 16.6087 <50 13.64 1315 9.76 4.580344 1.5 #NUM! #NUM! Ltl MINIMUM: 0.0036 11 .6.7 <50 4.1 0.63 <' 5 2 1 0 0 MAXIMUM 0.0108 21 7.2 <50 23 2 13 > 14 1.8 0 0 'Comp. C IGrtib'G) G. G G G G G '.. G ,_ G I G G MonthlyLimit 0.025 6.0/9.0 28 30/45 AIM 30/45 200/400 M&R I M&R M&R DWQ Forth MR-1 (11104 ) 011al :ioaratI0nS Regan..-Ld Office 1:C 4 2C19 Facility Status: (Please check one of the following) All monitoring data and sampling frequencies meet permit requirements (including weekly averages, if applicable) Compliant 0 All monitoring data and sampling frequencies do NOT meet permit requirements Noncompliant 0 The permittee shall report to the Director or the appropriate Regional Office any noncompliance that potentially If the facility is noncompliant, please attach a list of corrective actions being taken and a time -table for "I certify, under penalty of law, that this document and all attachments were prepared under my direction or A&D WATER SERVICES. INC Permittee (Please rint or type) Signature of Permittee*** Date (Required unless submitted electronically) PO BOX 1407, PISGAH FOREST, NC 28768 8928-884-9537 admaint(a.citcom.net 2022 Permittee Address Phone Number e-mail address Permit Expiration Date Certified Laboratory (2) Certified Laboratory (3) Certified Laboratory (4) Certified Laboratory (5) ADDITIONAL CERTIFIED LABORATORIES PARAMETER CODES Certification No. Certification No. Certification No. Certification No. Parameter Code assistance may be obtained by calling the NPDES Unit at (919) 733-5083 or by visiting the Use only units of measurement designated in the reporting facility's NPDES permit for reporting data. x No Flow/Discharge From Site: Check this box if no discharge occurs and, as a result, there are no data to be entered for all of the parameters on the DNM for the entire monitoring period. xx ORC On Site?: ORC must visit facility and document visitation of facility as required per 15A NCAC 8G .0204. Signature of Permittee: If signed by other than the permittee, then the delegation of the signatory authority must be on the with the state Der 1-)A NUAU ZB .UJUb EFFLUENT NPDES PERMIT NO NCO059421 DISCHARGE NO. 001 MONTH NOVEMBER YEAR 2019 FACILITY NAME SAPPHIRE LAKES 1 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 PERSON(S) COLLECTING SAMPLES Wes Royal ORC CHECK BOX IF ORC HAS CHANGED Mail ORIGINAL and ONE COPY to: ATTN: CENTRAL FILES DIVISION OF WATER QUALITY (SIGNATURE OF OR IN RESPONSIBLE C 1617 MAA. SERVICE CENTER BY THIS SIGNATURE, I CERTIFY THAT THIS REPORT 1S RALEIGA NC 27699-1617 ACCURATE AND COMPLETE TO THE BEST OF MY KNO NO. 13471 828-884-9537 NO FLOW / DISCHARGE FROM SITE 12/26/2019 DATE 50050 00010 00400 50060 00310 00610 00530 31616 00300 C0600 00400 Q 9 H C� u FN O s ° a O FLOW �3 U E~ a '� "� �U ;�y q Oo N Z 00 C �W W FWQ O W Up. B DISSOL VED OXYGE N TOTAL NITROG EN TOTAL PHOSP HORUS ENTER PARAMETER CODE ABOVE NAME AND UNITS BELOW EFF RYFy P. �ff W F �� disinfeRioo HRS HRS Y/B/N MGD 0 C UNITS UG/L MG/L MG/L MG/L #/IOOML MG/L 1 ,. .1220,,, 0030 Y 0.0078 17 ' 2 0.0037 JAN I 1 1.J4u 4 0745 0030 Y 0.0037 9 <50 5 r '.0810 0030 Y 0,0028 9 _ a(�r al ay. e lGi1 ;: 6 0840 0030 Y 0.0036 10 1 6.9 <50 2.7 1.5 20 < 1 1.5 Ashavillp Rpninml 7 1030 ` 0020 B 0.0034 13.8 8 0900 0025 B 0.0023 11.6 9 ,t. 0830 '.0025 . .B 0,0027 9.3 10 0.0055 . ,11 _HOLIDAY "•. 0.0055. 12 0720 0025 Y 0,0055 10 13 0750 ', 0035 �.Y 0.0044 8 ,. 6.8 <50 <,1 2 16 2 2.5, 14 0820 0025 Y 0.0038 7 `15 . 0805 0020 Y `` 0,0026- 7 '<50' / I 16 0.0033 .19 0:0033 18 0725 0030 Y 0,0033 7 19 0140 0025 Y 0.0028' 9 20 0835 0035 Y 0.0034 8 6.5 <50 4.2 0.36 14 1 2.5 21 0725 , 0025 Y 0:0022 . 8 - 22 0810 0030 Y 0.0028 8 <50 '23 :.. 0.0033 24 0.0033 .25 .0825 + 0035' 'Y i • 0,0033 8 • 6.8 - <50,a' 4k 8.9 l- 2 ; 26 0815 0025 Y 0.0028 8 .27 0940' 0020 B 0.0026 11 <50 „ 28 HOLIDAY 0.0046 " '29 HOLIDAY .: 0.0046 30 0.0046 AVERAGE 0.00371 93 <50 3325 0.93 14.725 1.189207 2.125 #'NUM! #NUM! ,MINIMUM: 0.0022. 7 6.5 <SO 2 036 Lk 8,9 1 1.5 ., 0 • 0'= MAXIMUM 0.0078 17 6.9 <50 4.4 1.5 20 J 2 2.5 0 0 `Com o. C/ Grab G -'G G G' G G G G G G' G 3 Monthly Limit 1 0.025 1 1 6.0/9.0 28 30/45 1 M/R 30/45 200/400 M&R M&R M&R DWO Forth MR-1 (11/04 ) KH JAN 0 6 M, Facility Status: (Please check one of the following) All monitoring data and sampling frequencies meet permit requirements (including weekly averages, if applicable) Compliant X All monitoring data and sampling frequencies do NOT meet permit requirements Noncompliant The permittee shall report to the Director or the appropriate Regional Office any noncompliance that potentially If the facility is noncompliant, please attach a list of corrective actions being taken and a time -table for "I certify, under penalty of law, that this document and all attachments were prepared under my direction or A&D WATER SERVICES, INC Permittee (Please print or type) (Required unless submitted electronically) PO BOX 1407, PISGAH FOREST, NC 28768 8928-884-9537 admaint@citcom.net 2022 Permittee Address Phone Number e-mail address Permit Expiration Date Certified Laboratory (2) Certified Laboratory (3) Certified Laboratory (4) Certified Laboratory (5) ADDITIONAL CERTIFIED LABORATORIES PARAMETER CODES Certification No. Certification No. Certification No. Certification No. Parameter Code assistance may be obtained by calling the NPDES Unit at (919) 733-5083 or by visiting the Use only units of measurement designated in the reporting facility's NPDES permit for reporting data. No Flow/Discharge From Site: Check this box if no discharge occurs and, as a result, there are no data to be entered for all of the parameters on the DMR for the entire monitoring period. ** ORC On Site?: ORC must visit facility and document visitation of facility as required per 15A NCAC 8G .0204. *** Signature of Permittee: If signed by other than the permittee, then the delegation of the signatory authority must be on file with the state Der 15A NCAC 213 .05 EFFLUENT NPDES PERMIT NO NCO059421 FACILITY NAME SAPPHIRE LAKES 1 CERTIFIED LABORATORY (1) E T S (list additional laboratories on the backside/page 2 of this form) OPERATOR IN RESPONSIBLE CHARGE (ORC) WI PERSON(S) COLLECTING SAMPLES 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 DISCHARGE NO. 001 MONTH DECEMBER YEAR 2019 CLASS 2 COUNTY TRANSYLVANIA CERTIFICATION NO (2) NC600 Wesley Royal GRADE 3 CERTIFICATION NO. 13471 Roval ORC PHONE 828-884-9537 NO FLOW / DISCHARGE FROM STI'E 1/30/2020 (SIGNATUREIOF bPERATOR IN RESPONSIBLE CHARGE) DATE BY THIS SIGNATURE, I CERTIFY THAT THIS REPORT IS ACCURATE AND COMPLETE TO THE BEST OF MY KNOWLEDGE. 11 I III I Ilil II I III t II IOEM=II II III II.II ---- 101mm 11 EM31 i - - - DISSOL ' ' '•XYGE TOTAL • HORUS ENTER PARAM[ETER CODE ABOVE I UNITS BELOW �! Q� OIIIII�IIIIZ•1•III®II®®®® ®-�--�- ,: I „ , , II aye■®®■®e ® ��rlo PP • , III . e■�■ee■®■� I I ��■■■■ I III , ee�■®eee■®eee®■®® • ., III ®®�■®a■meaeee■■■■ Ce ®®®®® Monthly Limit ■ . I ' I ��e� ���■■■■ DWQ Farts MR-1 (11/04 ) A 17B (' 3 2020 r ■ ES FEB 0 3 2020 FEB 0 3 2020 DYdR JKC l 107 j INFORNIATION PROCESSING UNIT Facility Status: (Please check one of the following) All monitoring data and sampling frequencies meet permit requirements (including weekly averages, if applicable) Compliant X All monitoring data and sampling frequencies do NOT meet permit requirements Noncompliant 0 The permittee shall report to the Director or the appropriate Regional Office any noncompliance that potentially If the facility is noncompliant, please attach a list of corrective actions being taken and a time -table for "I certify, under penalty of law, that this document and all attachments were prepared under my direction or A&D WATER SERVICES; INC Permittee (Please prjnt or type) of PA�ittee*-** (Required unless submitted electronically) PO BOX 1407, PISGAH FOREST, NC 28768 8928-884-9537 admaint(ftitcom.net 2022 Permittee Address Phone Number e-mail address Permit Expiration Date Certified Laboratory (2) Certified Laboratory (3) Certified Laboratory (4) Certified Laboratory (5) ADDITIONAL CERTIFIED LABORATORIES PARAMETER CODES Certification No. Certification No. Certification No. Certification No. Parameter Code assistance may be obtained by calling the NPDES Unit at (919) 733-5083 or by visiting the Use only units of measurement designated in the reporting facility's NPDES permit for reporting data. * No Flow/Discharge From Site: Check this box if no discharge occurs and, as a result, there are no data to be entered for all of the parameters on the DMR for the entire monitoring period. ** ORC On Site?: ORC must visit facility and document visitation of facility as required per 15A NCAC 8G .0204. *** Signature of Permittee: If signed by other than the permittee, then the delegation of the signatory authority must be on file with the state per 15A NCAC 2B .0506(b)(2)(D). Aux • - `. EFFLUENT NPDES PERMIT NO NCO059421 DISCHARGE NO. 001 MONTH JANUARY YEAR 2020 FACILITY NAME SAPPHIRE LAKES 1 CLASS 2 COUNTY TRANSYLVANIA CERTIFIED LABORATORY (1) E T S CERTIFICATION NO (2) NC600 (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 —T ORC PHONE 828-884-9537 CHECK BOX IFRC HAS CHANGED ' NO FLOW /DISCHARGE FROM SITE Mail ORIGINAL and ONE COPY to: ATTN: CENTRAL FILES DMSION OF WATER QUALITY (SIGNATURE OF OPERATOR IN RESPONSIBLE CHARGE) 1617 MAIL SERVICE CENTER BY THIS SIGNATURE, I CERTIFY THAT THIS REPORT IS RALEIGA NC 27699-1617 ACCURATE AND COMPLETE TO THE BEST OF MY KNOWLEDGE. 2/27/2020 DATE 50050 00010 00400 50060 00310 00610 00530 31616 00300 1 C0600 00400 Ca y O * O O FLOW e U w U F a '� P o tt„ Q o WN Z qW OWy UU E UY DISSOL ED N TOTAL NITROG IN TOTAL PHOSP HORUS ENTER PARAMETER CODE ABOVE NAME AND UNITS BELOW EFF WNWy :a disinfection i HRS HRS Y/B/N MGD C UNITS UG/L MG/L MG/L MG/L 91100ML MG/L 1 HOLDAY ? 1, '0.004 . :, '1, 2 0730 0025 1 Y 0.004 8 ,.,..3.;. ..0805�- . , '0025' ..WZ.,..,.. " 0.004' ^-'9 .;.. ,'_ - . . '..�50-•. ....•".,�,,.: ... .._ ..,. _...._.. .`_,.. ... `.;. 4 0.003 03 6 0815 0025 Y 0.003 7 7 0810 0020 ' Y, 0.003 6 8 0830 0025 Y 0.003 4 6.9 <50 21 0.5 < 5 < I 9 '`. _ 0750 0020 ,. Y s 0.003 4 " 10 0815 0025 Y 0.003 5 <50 I 1-' 'OM4 12 0.004 13 , ` 0730 ' � 0030. ':. Y . , 0.004 7 14 0810 0020 Y 0.003 7 15.' 0735 0025 Y' �_ 0.602 8 6 9 ¢50 ';' 3.6' < 6.2 `' < I 16 0715 0025 Y 0.001 9 17 0805 0020 Y 0.002 8 <50. 18 0.003 19 L ..:. 0.003 20 0910 0020 Y 0.003 5 21,., 0920 0030 Y. -. .0.064 4 22 0835 0025 Y 0.004 3 6.9 <50 9.6 1.2 16 < 1 23 10700 "'0025 Y '0.003 . q 24 0810 0025 Y 0.004 4 <50 25, , .0:001 :. .. 26 0.001 27= 074'0 0020. :.Y ,..0.061 ._.:fi 28 0725 0025 Y 0.003 6 ;. , 29 0730 003'0 ' Y ". 0.003 5 6.9 <50 < 2' 12 < 1• 30 1000 0020 Y 0.003 5 31 ' 6750 . ' 0025 Y..' , , 0.002 4 <50 . AVERAGE 0.00294 5.81818 <50 9.05 0.85 9.8 1 HDIV/0! NNUM! #NUM! 0.001 '3 . ; ` 69 <50 .. 2 r: 0.5: •' < S : 3 - 0' 0 � 0 , MAXIMUM 0.004 9 6.9 <.50 21 1.2 1 1 > 1 0 0 0 Com C 1 Grab G G G G G G G x "G G' Gam` G Month) Limit 0.025 6.019.0 28 30/45' M/R 30/45 2001400 1 M&R M&R /� II a DWQ Forth MR-1 (11104 ) OA �a I fo ff �_ �t 2020 mR a 4 20�4 MAR 0 9 2020 MAR 0 3 2020 DWR SECTION INFORMATION PROCESSING UNIT Meter Quality Reg[engl 0";eraVon Asheville Regional c. wr,a, Facility Status: (Please check one of the following) All monitoring data and sampling frequencies meet permit requirements (including weekly averages, if applicable) Co�X All monitoring data and sampling frequencies do NOT meet permit requirements Noncompliant The permittee shall report to the Director or the appropriate Regional Office any noncompliance that potentially If the facility is noncompliant, please attach a list of corrective actions being taken and a time -table for "I certify, under penalty of law, that this document and all attachments were prepared under my direction or A&D WATER SERVICES, INC Permittee (Please print or type) of Permittee*** / Date (Required unless submitted PO BOX 1407, PISGAH FOREST, NC 28768 8928-884-9537 admaintCftitcom.net 2022 Permittee Address Phone Number e-mail address Permit Expiration Date Certified Laboratory (2) Certified Laboratory (3) Certified LaboratoFy'.(4)? Certified Laboratory (5) ADDITIONAL CERTIFIED LABORATORIES PARAMETER CODES Certification No. Certification No. Certification No. Certification No. Parameter Code assistance may be obtained by calling the NPDES Unit at (919) 733-5083 or by visiting the Use only units of measurement designated in the reporting facility's NPDES permit for reporting data. * No Flow/Discharge From Site: Check this box if no discharge occurs and, as a result, there are no data to be entered for all of the parameters on the DMR for the entire monitoring period. ** ORC On Site?: ORC must visit facility and document visitation of facility as required per 15A NCAC 8G .0204. *** Signature of Permittee: If signed by other than the permittee, then the delegation of the signatory authority must be on the with the state per 1SA NUAC 2B .USU6(b EFFLUENT NPDES PERMIT NO NCO059421 DISCHARGE NO. 001 MONTH FEBRUARY YEAR 2020 FACILITY NAME SAPPHIRE LAKES 1 CLASS 2 COUNTY TRANSYLVANIA CERTIFIED LABORATORY (1) E T S CERTIFICATION NO (2) NC600 (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 ORCPHONE 828-884-9537 CHECK BOX IF ORC HAS CHANGED I I Mail ORIGINAL and ONE COPY to: NO FLOW /DISCHARGE FROM SITE ATTN: CENTRAL FILES 3/25/2020 DIVISION OF WATER QUALITY (SIGNATURE OUPERATOP IN RESPONSIBLE C DATE 1617 MAH. SERVICE CENTER BY THIS SIGNATURE, I CERTIFY THAT THIS REPORT IS RALEIGH NC 27699-1617 ACCURATE AND COMPLETE TO THE BEST OF MY KNOWLEDGE. M II 1 ii • l • EN • PHOSP HORUS / 1 :1NITROG ME AND UNITS BELOW 0"M�11e II ® , : , / 1 / ® 1 / 1 ®e�■®■■®■®e®���a�ll/ems. .10:11r.Tw1�® ®e i l / ® 1 / 1 ee®■e®■®■®®®I.��iiil{�Y���t:I��� � • : I�il�T7'1 ® ®® 1 /1 ®®®■®®■®■®®®®®r�iifIV11L't® 1:1 11 1 © //1 a■_■■■■■■-■■■■■■■ �' 1 1 11 1 © 111 ee�■�■■yea®■■�!�■■ 11 ®e�■e�ee■®e®®®®®® 111 ee�■®�■meae®®■■■■ DWO Forth MR-1 (11/04 ) 1= s4 P @C FD APR 0 6 2020 OVVR SECTION INFORMATION PROCESSING UNIT Facility Status: (Please check one of the following) All monitoring data and sampling frequencies meet permit requirements (including weekly averages, if applicable) Compliant X X All monitoring data and sampling frequencies do NOT meet permit requirements Noncompliant The permittee shall report to the Director or the appropriate Regional Office any noncompliance that potentially If the facility is noncompliant, please attach a list of corrective actions being taken and a time -table for "I certify, under penalty of law, that this document and all attachments were prepared under my direction or A&D WATER SERVICES, INC Permittee (Please print or type) 4/28/2020 Permittee*** 1 Date (Required unless submitted PO BOX 1407, PISGAH FOREST, NC 28768 8928-884-9537 admaint(ftitcom.net 2022 Permittee Address Phone Number e-mail address Permit Expiration Date Certified Laboratory (2) Certified Laboratory (3) Certified Laboratory (4) Certified Laboratory (5) ADDITIONAL CERTIFIED LABORATORIES PARAMETER CODES Certification No. Certification No. Certification No. Certification No. Parameter Code assistance may be obtained by calling the NPDES Unit at (919) 733-5083 or by visiting the Use only units of measurement designated in the reporting facility's NPDES permit for reporting data. x No Flow/Discharge From Site: Check this box if no discharge occurs and, as a result, there are no data to be entered for all of the parameters on the DNM for the entire monitoring period. xx ORC On Site?: ORC must visit facility and document visitation of facility as required per 15A NCAC 8G .0204. x** Signature of Permittee: If signed by other than the permittee, then the delegation of the signatory authority must be on uio wuu w� aw Nvi 1JA 1VVAV GU .VJV V`V f`L J`LJ. EFFLUENT NPDES PERMIT NO NCO059421 DISCHARGE NO. 001 MONTH MARCH YEAR 2020 FACILITY NAME SAPPHIRE LAKES 1 CLASS 2 COUNTY TRANSYLVANIA CERTIFIED LABORATORY (1) E T S CERTIFICATION NO (2) NC600 (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 Mail ORIGINAL and -ONE COPY to: ATTN: CENTRAL FILES DMSION OF WATER QUALITY "" MAIL SERVICE CENTER RALEIGH NC 27699-1617 BY THIS SIGNATURE, I CERTIFY THAT THIS REPORT ACCURATE AND COMPLETE TO THE BEST OF MY RT FLOW / DISCHARGE FROM SITE 412812020 DATE I I 1 1 1 1 I I I• I I I I i 1 1 1 I 1 1, I I I I ®` I I I I I, 1 1 1 1• I I IIIIIIIIIIIIIII■IIIIIIIIIIIIIII■IIII-- 1130 1ISSOL 1 1XYGE • •ENTER • PARAMETER CODEABOVE BELOW 1 1 ©� , 1 / © 1 11 a■_■■■■■■-■itr�■G��S��/-G?I� ,: li 1 ® 1 11 ee�■e®■®e®e®®®®®® / 1 11 e i 11 e®®■®®■®■®®®®®®® e 1:1 11 ©111 ee�■��■eea®■■■■■■ 1 : 11 11 1 © , 11 �■�■■■■■■■■■■■■ 111r1' 1 / 11 © 1 11 a■-■■■■■■-■■■■■■■ 1 I I I ®e�■��e�e®eee®®® III • �■�■�®■mea®ee■■■■ ®®® ®®®®®®®®®® DWO Forth MR-1 (11/04 ) RFr M•^" 1 8, .,o RECEIVED OWR SECTION INFORMATION PROCESSING UNIT UWR SECTION INFORMATION PROCESSING UNIT Facility Status: (Please check one of the following) All monitoring data and sampling frequencies meet permit requirements (including weekly averages, if applicable) Compliant X All monitoring data and sampling frequencies do NOT meet permit requirements Noncompliant I The permittee shall report to the Director or the appropriate Regional Office any noncompliance that potentially If the facility is noncompliant, please attach a list of corrective actions being taken and a time -table for "I certify, under penalty of law, that this document and all attachments were prepared under my direction or A&D WATER SERVICES, INC Permittee (Please print or type)., (/ % ---_ 5/28/2020 Sign ure of Permittee*** Date (Required unless submitted electronically) PO BOX 1407, PISGAH FOREST, NC 28768 8928-884-9537 admaint@citcornmet 2022 Permittee Address Phone Number e-mail address Permit Expiration Date Certified Laboratory (2) Certified Laboratory (3) Certified Laboratory (4) Certified Laboratory (5) ADDITIONAL CERTIFIED LABORATORIES PARAMETER CODES Certification No. Certification No. Certification No. Certification No. Parameter Code assistance may be obtained by calling the NPDES Unit at (919) 733-5083 or by visiting the Use only units of measurement designated in the reporting facility's NPDES permit for reporting data. * No Flow/Discharge From Site: Check this box if no discharge occurs and, as a result, there are no data to be entered for all of the parameters on the DMR for the entire monitoring period. ** ORC On Site?: ORC must visit facility and document visitation of facility as required per 15A NCAC 8G .0204. x °* Signature of Permittee: If signed by other than the permittee, then the delegation of the signatory authority must be on rile witn the state Der 1JA NI:AU lti .11J EFFLUENT NPDES PERMIT NO NCO059421 DISCHARGE NO. 001 MONTH APRIL YEAR 2020 FACILITY NAME SAPPHIRE LAKES 1 CLASS 2 COUNTY TRANSYLVANIA CERTIFIED LABORATORY (1) E T S CERTIFICATION NO (2) NC600 (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 ///J NO FLOW /DISCHARGE FROM SITE Mail ORIGINAL and ONE COPY to: ATTN-. CENTRAL FILES 5/29/2020 DIVISION OF WATER QUALITY (SIGNA OP ftf IN kESPONSIBLE CHAR - DATE 1617 MAIL SERVICE CENTER BY THIS SIGNATURE, I CERTIFY THAT THIS REPORT IS RALEIGH NC 27699-1617 ACCURATE AND COMPLETE TO THE BEST OF MY KNOWLEDGE. t l I III I I I• I I I I� 1 1 1 I 1 1, I I I I ®' I I I I l i l l I I• I I I-IIIIIIIIIIIIIII■-IIIIIIIIIIIIII■ - - - 1 O VEDL1Y'L>• 1m1fMIM-4-4911MINVIk ' • • • PARAMETERL ENTER CODE ABOVE 1 1BELOW �� 1 . "A 11 ®®�■®■®■®®��®mil®■e1 e 1:/ 11 © 1 /1 a■-■■■■■■-■IIILTIIJ+'�■■■■■ e 1 1 1/ 1 ©/ 11 ®e�ea■e®ea®iiL`J7�1�'i�i1fG�C�J�;�� e� 11 © , / 1 : ®■-■■■■■■-■■���jjy��y/r��11r5r��rr++ss.:rl�/��ryAA%Y���yy�■■ � II I I i ®e�■®�e®e®eee®®®®I I II: �®�■e®■�eamee■■■■� ®®®®®®®®®®®®®® 1 1 ■ , I I ��m� 11 I I ���■■■■ DWQ Form MR-1 (11/04 ) JUN 0 3 2020 _G'N'P,, 3ECTION UNIT Water Resources ENVIRONMENTAL OUALITY March 27, 2017 Mr. Aubrey Deaver, President A&D Water Services, Inc. PO Box 1407 Pisgah Forest, NC 28768 Subject: Permit Renewal Application No. NCO059421 Sapphine Lake WWTP #1 Transylvania County . Dear Mr. Deaver: ROY COOPER Governor MICHAEL S. REGAN Secretau S. JAY ZIMMERMAN Director The Water Quality Permitting Section acknowledges receipt of your permit application and supporting documentation received on March 27, 2017. The primary reviewer for this renewal application is Sarah Phillips. - The primary reviewer will review your application, and she 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 Sarah Phillips at 919-807-6479 or Sarah.Phillips@ncdenr.gov. cc: Central Files NPDES gSleille Regiorial-mOe Sincerely, 70" 7&� 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 F CEIVED of Water Resources - 5 2017 Water Quality Regional Operations Asheville Regional Offloe NPDES APPLICATION - FORM D 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 XC005942I 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 A & D Water Service, Inc. Facility Name Sapphire Lakes WWTP #1 Mailing Address P.O. Box 1407 City Pisgah Forest State / Zip Code N.C. 28768 Telephone Number (828)884.9772 Fax Number (828)884.8632 e-mail Address ADMAINT@CITCOM.NET 2. Location of facility producing discharge: Check here if same address as above ❑ Street Address or State Road Off US 64 at Sapphire Lakes Subdivision City Sapphire State / Zip Code N.C. 28774 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 A & D Maintenance , Inc. Mailing Address P.O. Box 1407 City Pisgah Forest State / Zip Code N.C. 28768 Telephone Number (828)884.9772 Fax Number (828)884.8632 1 of 4 Form-D 1/06 Commercial Residential School Other NPDES APPLICATION - FORM D ely-owned treatment systems treating 100% domestic wastewaters <1.0 MGD of wastewater: erating Wastewater(check all that applyp ❑ Number of Employees ❑ Number of Employees X Number of Homes 74 ❑ Number of Students/Staff ❑ Explain: i Describe the source(s) of wastewater (example: subdivision, mobile home park, shopping centers, restaurants, etc.): Residential Subdivision f Number of persons served: 108 5. Type of collection system X Separate (sanitary sewer only) ❑ Combined (storm sewer and sanitary sewer) 6. Outfall Information: Number of separate discharge points 1 j Outfall Identification number(s) 001 Is the outfall equipped with a diffuser? ❑ Yes X No 7. Name of receiving stream(s) (NEW applicants: Provide a map showing the exact location of each outfallr Horsepasture River S. Frequency of Discharge: X Continuous ❑ Intermittent If intermittent: Days per week discharge occurs: Duration: _ 9. Describe the treatment system List all installed components, including capacities, provide design removal for BOD, TSS, nitrogen and phosphorus. if the space provided is not sufficient, attach the description of the treatment system in a separate sheet of paper. Eq basin, conventional activated sludge, chlorination, chlorine contact chamber, dechlor and flow metering basin. 2of3 Form-D 11/12 PF NPDES APPLICATION - FORM D privately -owned treatment systems treating 100% domestic wastewaters <1.0 MGD Flow Information: Treatment Plant Design flow 0.025 MGD Annual Average daily flow 0.0047 MGD (for the previous 3 years) Maximum daily flow 0.0162 MGD (for the previous 3 years) 11. Is this facility located on Indian country? ❑ Yes X No 12. Effluent Data NEW APPLICA1Vd'S: Provide data for the parameters listed. Fecal Coliform, Temperature and pH shall be grab samples, for all other parameters 24-hour composite sampling shall be used. If more than one analysis is reported, report daily maximum and monthly average. If only one analysis is reported, report as daily maximum. RENEWAL APPLICANTS: Provide the highest single reading (Daily Maximum) and Monthly Average over the past 36 months for parameters currently in your permit. Mark other parameters "N/Ap. Parameter Daily Maximum Monthly Average Units of Measurement Biochemical Oxygen Demand (BOD5) 9.5 4.7 mg/1 Fecal Coliform 34 3.5 / 100 ml Total Suspended Solids 33 21 mg/l Temperature (Summer) 23 N/A c Temperature (Winter) N/A N/A c pH 7.0 su 13. List all permits, construction approvals and/or applications: Type Permit Number Type Hazardous Waste (RCRA) UIC (SDWA) NPDES PSD (CAA) Non -attainment program (CAA) NCO059421 14. APPLICANT CERTIFICATION NESHAPS (CAA) Ocean Dumping (MPRSA) Dredge or fill (Section 404 or CWA) Other Permit Number I certify that I am familiar with the information contained in the application and that to the best of my knowledge and belief such information is true, complete, and accurate. Aubrey Deaver President Printed name of Person Signing Title of Applicant Date / North Carolina General Statute 143-215.6 (b)(2) states: Any person who knowingly makes any false statement representation, or certification in any application, record, report, plan, or other document files or required to be maintained under Article 21 or regulations of the Environmental Management Commission implementing that Article, or who falsifies, tampers with, or knowingly renders inaccurate any recording or monitoring device or method required to be operated or maintained under Article 21 or regulations of the Environmental Management Commission implementing that Article, shall be guilty of a misdemeanor punishable by a fine not to exceed $25,000, or by imprisonment not to exceed six months, or by both. (18 U.S.C. Section 1001 provides a punishment by a fine of not more than $25,000 or imprisonment not more than 5 years, or both, for a similar offense.) 3 of 3 Form-D 11 /12 ENVIRONMENTAL QUALITY Mr. Aubrey Deaver, President A&D Water Service, Inc. P.O. Box 1407 Pisgah Forest, NC 28768-1407 Dear Mr. Deaver: ROY COOPER Governor _JICHAEL S. REGAN Secretary S.. JAY ZIMMERMAN RECEIVED Division of Water Resources July 17, 2017 AUG _ 4 2017 Water Quality Regional Operations Asheville Regional Office Subject: Issuance of NPDES Permit NCA59421 Sapphire Lake WWTP # 1 Transylvania County Class WW-2 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: ➢ Section A. (2) has been added to require electronic submission of effluent data. Federal regulations require electronic submittal of all discharge monitoring reports (DMRs). ➢ Regulatory citations have been added to the permit. ➢ An updated outfall map has been included. ➢ List of facility components has been updated. If any parts, measurement frequencies or sampling requirements contained in this permit are unacceptable to you, you have the right to an adjudicatory hearing upon written request within thirty (30) days following receipt of this letter. This request must be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed* with the Office of Administrative Hearings (6714 Mail Service Center, Raleigh, North Carolina 27699-6714). Unless such demand is made, this decision shall be final and binding. Please note that this permit is not transferable except after notice to the Division. The Division may require modification or revocation and reissuance of the permit. This permit does not affect the legal requirements to obtain any other Federal, State, or Local governmental permit that may be required. 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.nc.govlabout/divisionslwater-resourceslwater-resources-pennitslwastewater-branchlnpdes-wastewater-permits If you have any questions concerning this permit, please contact Emily P: telephone number (919) 807-6479, or via e-mail [sarah.phillips@ncdenr.gov]. rely, S. Jay Zimmerm cc: NPDES files Central Files Is. f I e� ; B ona Office Permit NCO059421 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, A & D Water Service, Inc. is hereby authorized to discharge wastewater from a facility located at the Sapphire Lakes WWTP # 1 U.S. Highway 64 at Sapphire Lakes Transylvania County to receiving waters designated as the Horsepasture 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 September 1, 2017. This permit and authorization to discharge shall expire at midnight on August 31, 2022. Signed this day July 17, 2017. Way Zimmerman, P.G. erector, Division of Water Resources By Authority of the Environmental Management Commission Page 1 of 10 Perm 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. A & D Water Service, Inc. is hereby authorized to: 1. Continue to operate an existing 0.025 MGD extended aeration package -type wastewater treatment system that includes the following components: ♦ 12,500 gallon flow equalization basin ♦ Manual bar screen ♦ 25,000 gallon aeration basin ♦ Clarifier with skimmer and sludge returns ♦ Chlorination, plus contact chamber ♦ Dechlorination ♦ Flow measurement device ♦ Aerobic digester The facility is located near Round Top Mountain at Sapphire Lakes Plant #1, off US Highway 64 at Sapphire, in Transylvania County. 2. After receiving an Authorization to Construct (AtC) permit from the Division, construct and operate a 0.30 MGD wastewater treatment facility, and ' 3. Discharge from said treatment works at the location specified on the attached map into the Horsepasture River, currently classified C Trout+ waters in the Savannah River Basin. Page 2 of 10 Permit NCO059421 FFLUENT LIMITATIONS AND MONITORING REQUIREMENTS - 0.025 MGD [15A NCAC 02B .0400 et seq., 02B .0500 et seq.] During the period beginning on the effective date of this permit and lasting until expansion to 0.30 MOD or expiration, the Permittee is authorized to discharge from outfall 001. Such discharges shall be limited and monitored3 by the Permittee as specified below: ;EFFLUENT CHARACTERISTICS LIMITS MONITORING REQUIREMENTS; Parameter.Code =: Monthly _ , ,Avera e . ; Daily =, ', Maximum Measurement Frequenc -: Sample Type _ " Sample Location; Flow 50050 0.025 MGD Continuous Recording Influent or Effluent BOD, 5-day (•20°C) C0310 30.0 mg/L 45.0 mg/L Weekly Grab Effluent Total Suspended Solids C0530 30.0 mg/L 45.0 mg/L Weekly Grab Effluent NH3 as N C0610 Monitor & Report 2/Month Grab Effluent Dissolved Oxygen 00300 Monitor & Report Weekly Grab Effluent Fecal Coliform (geometric 31616 200/100 mL 400/100 mL Weekly Grab Effluent mean Total Residual Chlorinel 50060 28 Ng/L 2/Week Grab Effluent Temperature (°C) 00010 Monitor & Report Daily Grab Effluent Total Nitrogen C0600 NO2+NO3+TKN Monitor & Report Semi -Annually Grab Effluent Total Phosphorus C0665 Monitor & Report Semi -Annually Grab Effluent pH2 O0400 _F Weekly Grab Effluent Footnotes: 1. The Division shall consider all effluent TRC values reported below 50 pg/L to be in compliance with the permit. However, the Permittee shall continue to record and submit all values reported by a North Carolina certified laboratory (including field certified), even if these values fall below 50 pg/L. 2. The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units. 3. The Permittee shall submit discharge monitoring reports electronically using the Division's eDMR system. [see A.(3.)]. There shall be no discharge of floating solids or visible foam in other than trace amounts. Page 3 of 10 Permi A. (2). EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS - 0.3 MGD [15A NCAC 02B .0400 et seq., 02B .0500 et seq.] During the period beginning upon expansion to 0.30 MGD and lasting until expiration, the Permittee is authorized to discharge from outfall 001. Such discharges shall be limited and monitored3 by the Permittee as specified below: EFFLUENT CHARACTERISTICS LIMITS - MONITORINGREQUIREMENTS ".. - Monthly Daily : Measurement S ample Type Sample" Location Parameter Code, . 4vera e . Maximum Fre uenc Flow, 50050 0.30 MGD Continuous Recording Influent or Effluent BOD, 5-day (20°C) C0310 30.0 mg/L 45.0 mg/L Weekly Composite Effluent Total Suspended Solids C0530 30.0 mg/L 45.0 mg/L Weekly Composite Effluent NH3 as N C0610 April 1- October 31 24.0 mg/L 35.0 mg/L Weekly Composite Effluent NH3 as N November 1 - March C0610 Weekly Composite Effluent 31 - Dissolved Oxygen 00300 Monitor & Report Weekly Grab Effluent Fecal Coliform (geometric 31616 200/100 mL 400/100 mL Weekly Grab Effluent mean Total Residual Chlorinel 50060 28 Ng/L 2/Week Grab Effluent Temperature (°C) 00010 Monitor & Report Daily Grab Effluent Temperature (°C) 00010 Monitor & Report Weekly Grab Upstream & Downstream Total Nitrogen C0600 NO2+NO3+TKN Monitor & Report Semi -Annually Composite Effluent Total Phosphorus C0665 Monitor & Report Semi -Annually Composite Effluent pH2 O0400 Weekly Grab Effluent Footnotes: 1. The Division shall consider all effluent TRC values reported below 50 }zg/L to be in compliance with the permit. However, the Permittee shall continue to record and submit all values reported by a North Carolina certified laboratory (including field certified), even if these values fall below 50 pg/L. 2. The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units. 3. The Permittee shall submit discharge monitoring reports electronically using the Division's eDMR system. [see A.(3.)]. There shall be no discharge of floating solids or visible foam in other than trace amounts. Page 4 of 10 Permit NCO059421 A. (3.) ELECTRONIC REPORTING OF DISCHARGE MONITORING REPORTS [NCGS 143-215.1 (b)] Federal regulations require electronic submittal of all discharge monitoring reports (DMRs) 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.) and Section E. (5.) (a)l 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. Page 5 of 10 Regardless of the submission method, the first DMR is due on the month following the issuance of the permit or in the case of a new 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; 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: https://www.federalregister.gov/documents/2015/10/22/2015- 24954 /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 Page 6 of 10 Permit NCO059421 ►n of a temporary waiver shall not exceed 5 years and shall thereupon 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 4. Signatory Requirements [Supplements Section B. (11.) (b) and Supersedes Section B. (11.1 (d)] 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: "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. " Page 7 of 10 Pern 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 8 of 10 WC7 , o 2 Permit NCO059421 r ti f'R K A & D Water Service, Inc. Facility Sapphire Lakes Plant #1 WWTP Location J� Latitude: 351 06'20" N State Grid: Reid (not to scale) N6� Longitude: 82159'12" W Permitted Flow: 0.025 MGD Receiving Stream:Horsepasture River Drainage Basin: Savannah River North* NPDES Permit No. NCO059421 Stream Class: C;Tr+ Sub -Basin: 03-13-02 Transylvania County 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 (4) Constant time/constant volume: a series of grab samples of equal volume collected over a 24-hour period at a constant time interval. Use of this method requires prior approval by the Director. This method may only be used in situations where effluent flow rates vary less than 15 percent. The following restrictions also apply: ➢ Influent and effluent grab samples shall be of equal size and of no less than 100 milliliters ➢ Influent samples shall not be collected more than once per hour. ➢ Permittees with wastewater treatment systems whose detention time < 24 hours shall collect effluent grab samples at intervals of no greater than 20 minutes apart during any 24-hour period. ➢ Permittees with wastewater treatment systems whose detention time exceeds 24 hours shall collect effluent grab samples at least every six hours; there must be a minimum of four samples during a 24-hour sampling period. Continuous flow measurement Flow monitoring that occurs without interruption throughout the operating hours of the facility. Flow shall be monitored continually except for the infrequent times when there may be no flow or for infrequent maintenance activities on the flow device. Daily Discharge The discharge of a pollutant measured during a calendar day or any 24-hour period that reasonably represents the calendar day for purposes of sampling. For pollutants measured in units of mass, the "daily discharge" is calculated as the total mass of the pollutant discharged over the day. For pollutants expressed in other units of measurement, the "daily discharge" is calculated as the average measurement of the pollutant over the day. (40 CFR 122.2; see also "Composite Sample," above.) Daily Maximum The highest "daily discharge" during the calendar month. Daily Sampling Parameters requiring daily sampling shall be sampled 5 out of every 7 days per week unless otherwise specified in the permit. Sampling shall be conducted on weekdays except where holidays or other disruptions of normal operations prevent weekday sampling. If sampling is required for all seven days of the week for any permit parameter(s), that requirement will be so noted on the Effluent Limitations and Monitoring Page(s). DWR or "the Division" The Division of Water Resources, Department of Environment and Natural Resources. Effluent Wastewater discharged following all treatment processes from a water pollution control facility or other point source whether treated or untreated. EMC The North Carolina Environmental Management Commission EPA The United States Environmental Protection Agency Facility Closure Cessation of all activities that require coverage under this NPDES permit. Completion of facility closure will allow this permit to be rescinded. Geometric Mean The Nth root of the product of the individual values where N = the number of individual values. For purposes of calculating the geometric mean, values of "0" (or "< [detection level]") shall be considered = 1. Grab Sample Individual samples of at least 100 mL collected over a period of time not exceeding 15 minutes. Grab samples can be collected manually. Grab samples must be representative of the discharge (or the receiving stream, for instream samples). Version 1110912011.1 NPDES Permit Standard Conditions Page 3 of 18 stance designated under 40 CFR Part 116 pursuant to Section 311 of the CWA. Instantaneous flow measurement The flow measured during the minimum time required for the flow measuring device or method to produce a result in that instance. To the extent practical, instantaneous flow measurements coincide with the collection of any grab samples required for the same sampling period so that together the samples and flow are representative of the discharge during that sampling period. Monthly Average (concentration limit) The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar month. In the case of fecal coliform or other bacterial parameters or indicators, the geometric mean of such discharges. Permit Issuing Authority The Director of the Division of Water Resources. Quarterly Average (concentration limit) The arithmetic mean of all samples taken over a calendar quarter. Severe property damage Substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage excludes economic loss caused by delays in production. Toxic Pollutant: Any pollutant listed as toxic under Section 307(a)(1) of the CWA. Upset An incident beyond the reasonable control of the Permittee causing unintentional and temporary noncompliance with permit effluent limitations and/or monitoring requirements. An upset does not include noncompliance caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation. Weekly Average (concentration limit) The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar week. In the case of fecal coliform or other bacterial parameters or indicators, the geometric mean of such discharges. Section B. General Conditions 1. Duty to Comply The Permittee must comply with all conditions of this permit. Any permit noncompliance constitutes a violation of the CWA and is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or denial of a permit renewal application [40 CFR 122.41]. a. The Permittee shall comply with effluent standards or prohibitions established under section 307(a) of the CWA for toxic pollutants and with standards for sewage sludge use or disposal established under section 405(d) of the CWA within the time provided in the regulations that establish these standards or prohibitions or standards for sewage sludge use or disposal, even if the permit has not yet been modified to incorporate the requirement. b. The CWA provides that any person who violates section[s] 301, 302, 306, 307, 308, 318 or 405 of the Act, or any permit condition or limitation implementing any such sections in a permit issued under section 402, or any requirement imposed in a pretreatment program approved under sections 402(a)(3) or 402(b)(8) of the Act, is subject to a civil penalty not to exceed $37,500 per day for each violation. [33 USC 1319(d) and 40 CFR 122.41(a)(2)] c. The CWA provides that any person who negligently violates sections 301, 302, 306, 307, 308, 318, or 405 of the Act, or any condition or limitation implementing any of such sections in a permit issued under section 402 of the Act, or any requirement imposed in a pretreatment program approved under section 402(a)(3) or 402(b)(8) of the Act, is subject to criminal penalties of $2,500 to $25,000 per day of violation, or Version 1110912011.1 11 NPDES Permit imprisonment of not more than 1 year, or both. In the case of a second or subsequent convi violation, a person shall be subject to criminal penalties of not more than $50,000 per day c imprisonment of not more than 2 years, or both. [33 USC 1319(c)(1) and 40 CFR 122.41( k/-)l Any person who knowingly violates such sections, or such conditions or limitations is subject to criminal penalties of $5,000 to $50,000 per day of violation, or imprisonment for not more than 3 years, or both. In the case of a second or subsequent conviction for a knowing violation, a person shall be subject to criminal penalties of not more than $100,000 per day of violation, or imprisonment of not more than 6 years, or both. [33 USC 1319(c)(2) and 40 CFR 122.41(a)(2)] e. Any person who knowingly violates section 301, 302, 303, 306, 307, 308, 318 or 405 of the Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of the Act, and who knows at that time that he thereby places another person in imminent danger of death or serious bodily injury, shall, upon conviction, be subject to a fine of not more than $250,000 or imprisonment of not more than 15 years, or both. In the case of a second or subsequent conviction for a knowing endangerment violation, a person shall be subject to a fine of not more than $500,000 or by imprisonment of not more than 30 years, or both. An organization, as defined in section 309(c)(3)(B)(iii) of the CWA, shall, upon conviction of violating the imminent danger provision, be subject to a fine of not more than $1,000,000 and can be fined up to $2,000,000 for second or subsequent convictions. [40 CFR 122.41(a)(2)] f. Under state law, a civil penalty of not more than $25,000 per violation may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of a permit. [North Carolina General Statutes § 143-215.6A] g. Any person may be assessed an administrative penalty by the Administrator for violating section 301, 302, 306, 307, 308, 318 or 405 of this Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of this Act. Administrative penalties for Class I violations are not to exceed $16,000 per violation, with the maximum amount of any Class I penalty assessed not to exceed $37,500. Penalties for Class Il 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.S) 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 x ions of this permit are severable. If any provision of this permit, or the application of any provision of this permit to any circumstances, is held invalid, the application of such provision to other circumstances, and the remainder of this permit, shall not be affected thereby [NCGS 150B-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. Signatory Requirements All applications, reports, or information submitted to the Permit Issuing Authority shall be signed and certified [40 CFR 122.41(k)]. a. All permit applications shall be signed as follows: (1) For a corporation: by a responsible corporate officer. For the purpose of this Section, a responsible corporate officer means: (a) a president, secretary, treasurer or vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision making functions for the corporation, or (b) the manager of one or more manufacturing, production, or operating facilities, provided, the manager is authorized to make management decisions which govern the operation of the regulated facility including having the explicit or implicit duty of making major capital investment recommendations, and initiating and directing other comprehensive measures to assure long term environmental compliance with environmental laws and regulations; the manager can ensure that the necessary systems are established or actions taken to gather complete and accurate information for permit application requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures . (2) For a partnership or sole proprietorship: by a general partner or the proprietor, respectively; or (3) For a municipality, State, Federal, or other public agency: by either a principal executive officer or ranking elected official [40 CFR 122.22]. b. All reports required by the permit and other information requested by the Permit Issuing Authority shall be signed by a person described in paragraph a. above or by a duly authorized representative of that person. A person is a duly authorized representative only if-. (1) The authorization is made in writing by a person described above; (2) The authorization specified either an individual or a position having responsibility for the overall operation of the regulated facility or activity, such as the position of plant manager, operator of a well or well field, superintendent, a position of equivalent responsibility, or an individual or position having overall responsibility for environmental matters for the company. (A duly authorized representative may thus be either a named individual or any individual occupying a named position.); and (3) The written authorization is submitted to the Permit Issuing Authority [40 CFR 122.22] Version 1110912011.1 NPDES Permit c. Changes to authorization: If an authorization under paragraph (b) of this section is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, a new authorization satisfying the requirements of paragraph (b) of this section must be submitted to the Director prior to or together with any reports, information, or applications to be signed by an authorized representative [40 CFR 122.221 d. Certification. Any person signing a document under paragraphs a. or b. of this section shall make the following certification [40 CFR 122.221. NO OTHER STATEMENTS OF CERTIFICATION WILL BE ACCEPTED: 7 certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations. " 12. Permit Actions This permit may be modified, revoked and reissued, or terminated for cause. The filing of a request by the Permittee for a permit modification, revocation and reissuance, or termination, or a notification of planned changes or anticipated noncompliance does not stay any permit condition [40 CFR 122.41(f)]. 13. Permit Modification, Revocation and Reissuance, or Termination The issuance of this permit does not prohibit the permit issuing authority from reopening and modifying the permit, revoking and reissuing the permit, or terminating the permit as allowed by the laws, rules, and regulations contained in Title 40, Code of Federal Regulations, Parts 122 and 123; Title 15A of the North Carolina Administrative Code, Subchapter 02H .0100; and North Carolina General Statute 143.215.1 et. al. 14. Annual Administering and Compliance Monitoring Fee Requirements The Permittee must pay the annual administering and compliance monitoring fee within thirty days after being billed by the Division. Failure to pay the fee in a timely manner in accordance with 15A NCAC 02H .0105(b)(2) may cause this Division to initiate action to revoke the permit. Section C. Operation and Maintenance of Pollution Controls 1. Certified Operator Owners of classified water pollution control systems must designate operators, certified by the Water Pollution Control System Operators Certification Commission (WPCSOCC), of the appropriate type and grade for the system, and, for each classification must [T15A NCAC 08G .0201]: a. designate one Operator In Responsible Charge (ORC) who possesses a valid certificate of the type and grade at least equivalent to the type and grade of the system; b. designate one or more Back-up Operator(s) in Responsible Charge (Back-up ORCs) who possesses a valid certificate of the type of the system and no more than one grade less than the grade of the system, with the exception of no backup operator in responsible charge is required for systems whose minimum visitation requirements are twice per year; and c. submit a signed completed "Water Pollution Control System Operator Designation Form" to the Commission (or to the local health department for owners of subsurface systems) countersigned by the designated certified operators, designating the Operator in Responsible Charge (ORC) and the Back-up Operator in Responsible Charge (Back-up ORC): (1) 60 calendar days prior to wastewater or residuals being introduced into a new system; or (2) within 120 calendar days following: ➢ receiving notification of a change in the classification of the system requiring the designation of a new Operator in Responsible Charge (ORC) and Back-up Operator in Responsible Charge (Back-up ORC) of the proper type and grade; or ➢ a vacancy in the position of Operator in Responsible Charge (ORC) or Back-up Operator in Responsible Charge (Back-up ORC). Version 1110912011.1 NPDES Permit Standard Conditions Page 7 of 18 within seven calendar days of vacancies in both ORC and Back-up ORC positions replacing or designating at least one of the responsibilities. 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. of each Class II, III and IV facility (or the Back-up ORC, when acting as surrogate for the ORC) must: Visit the facility as often as is necessary to insure proper operation of the treatment system; the treatment facility must be visited at least five days per week, excluding holidays Properly manage and document daily operation and maintenance of the facility ➢ Comply with all other conditions of 15A NCAC 08G .0204. 2. Proper Operation and Maintenance The Permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the Permittee to achieve compliance with the conditions of this permit. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures. This provision requires the Permittee to install and operate backup or auxiliary facilities only when necessary to achieve compliance with the conditions of the permit [40 CFR 122.41(e)]. NOTE: Properly and officially designated operators are fully responsible for all proper operation and maintenance of the facility, and all documentation required thereof, whether acting as a contract operator [subcontractor] or a member of the Permittee's staff. 3. Need to Halt or Reduce not a Defense It shall not be a defense for a Permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the condition of this permit [40 CFR 122.41(c)]. 4. Bypassing of Treatment Facilities a. Bypass not exceeding limitations [40 CFR 122.41(m)(2)] The Permittee may allow any bypass to occur which does not cause effluent limitations to be exceeded, but only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the provisions of Paragraphs b. and c. of this section. b. Notice [40 CFR 122.41(m)(3)] (1) Anticipated bypass. If the Permittee knows in advance of the need for a bypass, it shall submit prior notice, if possible at least ten days before the date of the bypass; including an evaluation of the anticipated quality and effect of the bypass. (2) Unanticipated bypass. The Permittee shall submit notice of an unanticipated bypass as required in Part II.E.6. (24-hour notice). c. Prohibition of Bypass (1) Bypass from the treatment facility is prohibited and the Permit Issuing Authority may take enforcement action against a Permittee for bypass, unless: (A) Bypass was unavoidable to prevent loss of life, personal injury or severe property damage; (B) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate backup equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and (C) The Permittee submitted notices as required under Paragraph b. of this section. (2) Bypass from the collection system is prohibited and the Permit Issuing Authority may take enforcement action against a Permittee for a bypass as provided in any current or future system -wide collection system permit associated with the treatment facility. Version 1110912011.1 NPDES Permit Standard Col Page (3) The Permit Issuing Authority may approve an anticipated bypass, after considering its adverse effects, if the Permit Issuing Authority determines that it will meet the three conditions listed above in Paragraph c. (1) of this section. 5. Upsets a. Effect of an upset [40 CFR 122.41(n)(2)]: An upset constitutes an affirmative defense to an action brought for noncompliance with such technology based permit effluent limitations if the requirements of paragraph b. of this condition are met. No determination made during administrative review of claims that noncompliance was caused by upset, and before an action for noncompliance, is final administrative action subject to judicial review. b. Conditions necessary for a demonstration of upset: Any Permittee who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that: (1) An upset occurred and that the Permittee can identify the cause(s) of the upset; (2) The Permittee facility was at the time being properly operated; and (3) The Permittee submitted notice of the upset as required in Part II.E.6.(b) of this permit. (4) The Permittee complied with any remedial measures required under Part II.13.2. of this permit. c. Burden of proof [40 CFR 122.41(n)(4)1: The Permittee seeking to establish the occurrence of an upset has the burden of proof in any enforcement proceeding. 6. Removed Substances Solids, sludges, filter backwash, or other pollutants removed in the course of treatment or control of wastewaters shall be utilized/disposed of in accordance with NCGS 143-215.1 and in a manner such as to prevent any pollutant from such materials from entering waters of the State or navigable waters of the United States 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 1110912011.1 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 pennit, 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 Standar I 7. Recording Results For each measurement or sample taken pursuant to the requirements of this permit, the Permittee shall following information [40 CFR 122.41]: A 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. Inspection and Entry The Penn ittee 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 11/09/2011.1 NPDES Permit Standard Conditions Page 11 of 18 Monitoring Reports Monitoring results shall be reported at the intervals specified elsewhere in this pen -nit [40 CFR 122.41(1)(4)]. a. Monitoring results must be reported on a Discharge Monitoring Report (DMR) (See Part ILD.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 pen -nit [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 pen -nit. 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 tenns 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 Cb'm Page 12 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 PART III OTHER REQUIREMENTS Construction NPDES Permit Standard Conditions Page 13 of 18 nittee shall not commence construction of wastewater treatment facilities, nor add to the plant's treatment nor change the treatment process(es) utilized at the treatment plant unless (1) the Division has issued an ration to Construct (AtC) permit or (2) the Permittee is exempted from such AtC permit requirements ;m b. of this Section. lance with NCGS 143-215.1(a5) [SL 2011-3941, no permit shall be required to enter into a contract for the tion, 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 MonitorinjZ 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. ChanIzes in DischarlZes of Toxic Substances The Permittee shall notify the Permit Issuing Authority as soon as it knows or has reason to believe (40 CFR 122.42): a. That any activity has occurred or will occur which would result in the discharge, on a routine or frequent basis, of any toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels"; (1) One hundred micrograms per liter (100 µg/L); (2) Two hundred micrograms per liter (200 µg/L) for acrolein and acrylonitrile; five hundred micrograms per liter (500 µg/L) for 2,4-dinitrophenol and for 2-methyl-4,6-dinitrophenol; and one milligram per liter (1 mg/L) for antimony; (3) Five times the maximum concentration value reported for that pollutant in the permit application. b. That any activity has occurred or will occur which would result in any discharge, on a non -routine or infrequent basis, of a toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels"; (1) Five hundred micrograms per liter (500 µg/L); (2) One milligram per liter (1 mg/L) for antimony; (3) Ten times the maximum concentration value reported for that pollutant in the permit application. Section D. Facility Closure Requirements The Permittee must notify the Division at least 90 days prior to the closure of any wastewater treatment system covered by this permit. The Division may require specific measures during deactivation of the system to prevent adverse impacts to waters of the State. This permit cannot be rescinded while any activities requiring this permit continue at the permitted facility. Version 1110912011.1 NPDES Permit Standar I 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 sE 307(b), (c) or (d) of the CWA. [40 CFR 403.3 (i) and 0) and 15A NCAC 02H .0903(b)(I 1)] Interference Inhibition or disruption of the POTW treatment processes; operations; or its sludge process, use, or disposa 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 defmition 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 [I 5A NCAC 02H .0903(b)(33)]: 1. Discharges an average of 25,000 gallons per day or more of process wastewater to the POTW (excluding sanitary, noncontact cooling and boiler blowdown wastewaters); or 2. Contributes process wastewater which makes up five percent or more of the NPDES or non -discharge permitted flow limit or organic capacity of the POTW treatment plant. In this context, organic capacity refers to BOD, TSS and ammonia; or 3. Is subject to categorical standards under 40 CFR Part 403.6 and 40 CFR Parts 405-471; or 4. Is designated as such by the Permittee on the basis that the Industrial User has a reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement, or the POTW's effluent limitations and conditions in its NPDES or non -discharge permit, or to limit the POTW's sludge disposal options; 5. Subject to approval under 15A NCAC 02H .0907(b), the Permittee may determine that an Industrial User meeting the criteria in paragraphs 1 or 2 of this definition above has no reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement, the POTW's effluent limitations and conditions in its NPDES or non -discharge permit, or to limit the POTW's sludge disposal options, and thus is not a Significant Industrial User (SIU); or 6. Subject to approval under 15A NCAC 02H .0907(b), the Permittee may determine that an Industrial User meeting the criteria in paragraph 3 of this definition above meets the requirements of 40 CFR Part 403.3(v)(2) and thus is a non -significant categorical Industrial User. Section B. Publicly Owned Treatment Works (POTWs) Version 1110912011.1 NPDES Permit Standard Conditions Page 15 of 18 All POTWs must provide adequate notice to the Director of the following [40 CFR 122.42(b)]: 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. 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 Page 16 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 II.D and II.E.5.). [15A NCAC 02H .0903(b)(16), .0906(b)(3) and .0905] 4. Headworks Analysis (HWA) and Local Limits The Permittee shall obtain Division approval of a HWA at least once every five years, and as required by the Division. Within 180 days of the effective date of this permit (or any subsequent permit modification) the Permittee shall submit to the Division a written technical evaluation of the need to revise local limits (i.e., an updated HWA or documentation of why one is not needed) [40 CFR 122.44]. The Permittee shall develop, in accordance with 40 CFR 403.5(c) and 15A NCAC 02H .0909, specific Local Limits to implement the prohibitions listed in 40 CFR 403.5(a) and (b) and 15A NCAC 02H .0909. Pursuant to 40 CFR 403.5, local limits are Version 1110912011.1 NPDES Permit Standard Conditions Page 17 of 18 enforceable Pretreatment Standards as defined by 40 CFR 403.3(1). [15A NCAC 02H .0903(b)(10), .0905, and .0906(b)(4)] 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 (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 (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 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 403.12] 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 021:1.0903(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 1110912011.1 NPDES Permit Stand NC DENR / Division of Water Resources / Water Quality, Permitting Section Pretreatment, Emergency Response, and Collection Systems (PERCS) Unit 1617 Mail Service Center Raleigh, North Carolina 27699-1617 These reports shall be submitted by March 1 of each year and shall contain the following: a. Narrative A narrative summary detailing actions taken, or proposed, by the Permittee to correct significant 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 SummarYForms (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 1110912011.1 LJ bivision of Water Resources a Water £llYi�O?iF1ENfiitil.OltILLITY Mr. Aubrey L Deaver A&D Water Service Inc PO Box 1407 Pisgah Forest, NC 28768-1407 Dear Mr. Deaver: SEP 2 5 2017 Wafer Quality Regional Operations Asheville RPq'kar'F 01".Ice�__. September 22, 2017 orly-;C'ooP.ER_ MICHAEL S.,RE;CAN Seemtiary S, JAY .ZIMMERMAN' $ilaP4GtW' Subject: Payment Acknowledgement Sapphire Lakes Plant WWTP #1 Permit NCO059421 Case No. LV-2017-0261 County Transylvania This letter is to acknowledge receipt of payment in the amount of $518.68 received from you on 09/18/2017. This payment satisfies in full the above civil assessment (s) levied against the subject facility, and this case has been closed. Payment of this penalty in no way precludes future action by this Division for additional violations of the applicable Statues, Regulations, or Permits. If you have any questions, please contact Wren Thedford at 919-807-6397. Sincerely, ')�Aj Wren Thedford cc: Central Files NPDES Asheville Re&naL0fficer_R State of North Carolina I Environmental Quality I Water Resources 2090 U.S. 70 Highway, Swannanoa, NC 28778 828-296-4500 Certified Mail # 7015 1520 0003 5463 3210 Return Receipt Requested March 28, 2017 Aubrey L Deaver A&D Water Service Inc PO Box 1407 Pisgah Forest, NC 28768 SUBJECT: NOTICE OF VIOLATION Tracking Number: NOV-2017-MV-0044 Permit No. NCO059421 Sapphire Lakes Plant WWTP #1 Transylvania County Dear Permittee: A review, of the September 2016 Discharge Monitoring Report (DMR) for the subject facility revealed the. violation(s)_ indicated below: Monitoring Violation(s): Sample Location Parameter Monitoring Date Frequency Type of Violation 001 Effluent Oxygen, Dissolved (DO) (00300) 9/10/2016 Weekly Frequency Violation 001 Effluent Oxygen, Dissolved (DO) (00300) 9/17/2016 Weekly Frequency Violation 001 Effluent Oxygen, Dissolved (DO) (00300) 9/24/2016 Weekly 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. If the above parameter was left off inadvertently, please send amended DMRs 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. X 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 C WQS�Ash`evill"e-Regional Office- --Enforcement-File NPDES Compliance/Enforcement Unit - Enforcement File Gary Norton/ ORC G:\WR\WQ\Transylvania\Wastewater\Minors\Sapphire Lakes WWTP #1 59421\NOV-2017-MV-0044.rtf Certified Mail # 7014 0510 0000 4466 3937 Return Receipt Requested December 9, 2016 Aubrey L Deaver:.:#.:=; A&D Water Service-l�i PO Box 1407 . Pisgah Forest, NC 28768 SUBJECT: NOTICE OF VIOLATION Tracking Number: NOV-2016-MV-0138 Permit No. NCO059421 Sapphire Lakes Plant WWTP #1 Transylvania County Dear Permittee: -A review of the March 2016 Discharge Monitoring Report (DMR) for the subject facility -revealed the violation(s) indicated below: Monitorina Violation(s): Sample Monitoring Location Parameter Date Frequency Type of Violation 001 Effluent Nitrogen, Ammonia Total (as N) - 3/31/2016 2 X month Frequency Violation . Concentration (C0610) 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. Your facility will be required to report your Discharge Monitoring Reports electronically by December 21, 2016. For more information, please visit the eDMR Website at the following address: http://portal.ncdenr.ora/web/wq/admin/boa/ipu/edmr. State of North Carolina I Environmental Quality I Water Resources 2090 U.S. 70 Highway, Swannanoa, NC 28778 (%, 828-296-4500 If the above parameter was left off inadvertently, please send amended DMRs 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. 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--_Enfo.rcement File: NPDES Compliance/Enforcement Unit - Enforcement File G!\WRUNQ\TransylvaniallNageN2teriMinors`Sapphira Lakes WWiP 01 59421\5aphire Lakes Trans. County1%N0V-2016+1V-0138.rtf NCDENR North Carolina Department of Environment and Natural Resources aves Perdue Mr. Aubrey Deaver A & D Water Service, Inc. P. O. Box 1407 Pisgah Forest, NC 28768 Division of Water Quality Charles Wakild, P.E. Dee Freeman Director Secretary August 15, 2012 Subject: Issuance of NPDES Permit NC0O59421 A & D Water Service, Inc. - Sapphire Lakes WWTP 91 Transylvania County Dear Mr. Deaver: 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 significant changes from the draft permit sent to you on June 13, 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 Bob Sledge at telephone number (919) 807- 6398, or via e-mail at bob.sledge@ncdenr.gov. Si ere , Charles Wakild, P.E.t'r cc: Central Files _ 1 ­T h 1 1 2012 Asheville,�Regional'Office/Surface Water Profection�SectionJ � s `• S�p } NPDES WATER QUALITY SECTION SHEVIL� I_E �� r=IOtJAI_ OFFICE a 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 Phone: 919-807-6300 \ FAX: 919-807-6492 Internet: www.ncwaterquality.org An Equal Opportunity \ Affirmative Action Employer 9 Permit NCO059421 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY PERMIT 1011-13WWI ".1 96Mi.+INIXII 101TIVI0Z801 WHO ruIJM 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, A & D Water Service, Inc. is hereby authorized to discharge wastewater from a facility located at the Sapphire Lakes Plant #1 WWTP U.S. Highway 64 at Sapphire Lakes Near Round Top Mountain Transylvania County to receiving waters designated as the Horespasture River in the Savannah River Basin in accordance with effluent limitations, monitoring requirements, and other conditions set forth in Parts I, H, III and IV hereof. This permit shall become effective September 1, 2012. This permit and authorization to discharge shall expire at midnight on August 31, 2017. Signed this day August 15, 2012. ChAes Wakild, P.E., Director ivision of Water Quality By Authority of the Environmental Management Commission Permit NC005 SUPPLEMENT TO PERMIT COVER SHEET All previous NPDES Permits issued to this. facility, whether for operation or discharge are heret revoked. As of this permit issuance, any previously issued permit bearing this number is no long effective. Therefore, the exclusive authority to operate and discharge from this facility arises under the . permit conditions, requirements, terms, and provisions included herein. A & D Water Service, Inc. is hereby authorized to: 1. Continue to operate an existing 0.025 MGD extended aeration package -type wastewater treatment system with the following components: ♦ 12,500 gallon flow equalization basin ♦ Manual bar screen ♦ 25,000 gallon aeration basin ♦ Clarifier with skimmer and sludge returns ♦ Chlorination and ♦ Dechlorination Flow measurement device Aerobic digestor. The facility is located near Round Top Mountain at Sapphire Lakes Plant #1, off US Highway 64 at Sapphire, in Transylvania County. 2. After receiving an Authorization to Construct from the Division of Water Quality, construct and operate a 0.30 MGD wastewater treatment facility, and 3. Discharge from said treatment works at the location specified on the attached map into the Horsepasture River, classified C - Trout waters in the Savannah River Basin. Permit NCO059421 EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS - FINAL ie period beginning on the effective date of this permit and lasting until expansion to 0.30 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 . Parameter Code LIMI TS MONITORING REQUIREMENTS Monthly Average Daily ` Maximum Measurement Frequency Sample Type Sample Location Flow 50050 0.025 MGD Continuous Recording. Influent or Effluent BOD; 5-day (20°C) C0310 30.0 mg/L 45.0 mg/L Weekly Grab „ Effluent Total Suspended Solids C0530 30.0 mg/L 45.0 mg/L Weekly Grab Effluent NH3 as N C0610 Monitor & Report 2/Month Grab Effluent Dissolved Oxygen 00300 Monitor & Report Weekly Grab Effluent Fecal Colc mean rm eometdetric 31616 200/100 mL 400/100 mL Weekly Grab Effluent Total Residual Chlorines 50060 28 Ng/L 2/Week Grab Effluent Temperature (°C) 00010 Monitor & Report Daily Grab Effluent Total Nitrogen C0600 NO2+NO3+TKN Monitor & Report Semi -Annually Grab Effluent Total Phosphorus C0665 Monitor & Report Semi -Annually Grab Effluent pH2 O0400 Weekly Grab Effluent Footnotes: 1. The Division shall consider all effluent TRC values reported below 50 µg/L to be in compliance with the permit. However, the Permittee shall continue to record and submit all values reported by a North Carolina certified laboratory (including field certified), even if these values fall below 50 m/L. 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 Permit NCO05 ,ff �NR\` ___ � Ji �'�`,�„� 4\,.^ I 1 ^,ram h•` • ` V �� ' '\—/ 3� CIF I �j,�l t''t { ! f� ) it r , �� .. NJ V, , (, ,__:.. .�:%.11 i..)��J.,F.I.i_���__.sy�...V 1...1.J_ti......r.^s ._r-.�:: •.1 ..:.i... ,1r}��r���...��.,_.../..--�-Y1'•�\.,. '.l_:��_. h�._�1.�,.� .r. r.. :..-.R..../'�`.: A & D Water Service, Inc. Facility. F Sapphire Lakes Plant #1 WWTP Location Latitude: 35° 06' 20" N State Grid: Reid Longitude: 82° 59' 12" W Permitted Flow: 0.300 MGD Receiving Stream: Horsepasture River Drainage Basin: Savannah River Basin Stream Class: C - Trout Sub -Basin: 03-13-02 not to scale NPDES Permit No. NCO059421 North Transylvania County Permit NCO059421 EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS - FINAL ie period beginning upon, expansion to 0.30 MGD and lasting until expiration, the is authorized to discharge from outfall 001. Such discharges shall be limited and monitored by the Permittee as specified below: EFFLUENT CHARACTERISTICS LIMITS MONITORING REQU_ IREMENTS Parameter Code Month'1y Average Daily Maximum ,Measurement Frequency Sample Type, Sample Location " Flow 50050 0.30 MGD Continuous Recording Influent or Effluent BOD, 5-day (20°C) C0310 30.0 mg/L 45.0 mg/L Weekly Composite Effluent Total Suspended Solids C0530 30.0 mg/L 45.0 mg/L Weekly Composite Effluent NH3 as N April 1—October 31 C0610 24.0 mg/L 35.0 mg/L Weekly Composite Effluent NH3 as N C0610 November 1 - March 31 Weekly Composite Effluent Dissolved Oxygen 00300 Monitor & Report Weekly Grab '` Effluent Fecal Coliform 31616 (geometric mean) 200/100 mL 400/100 mL Weekly Grab Effluent Total Residual Chlorines 50060 28 Ng/L 2/Week Grab Effluent Temperature (°C) 00010 Monitor & Report Daily Grab Effluent Temperature (°C) 00010 Monitor & Report Weekly Grab Upstream & Downstream Total Nitrogen C0600 (NO2+NO3+TKN) Monitor & Report Semi -Annually Composite Effluent Total Phosphorus C0665 Monitor & Report Semi -Annually Composite Effluent pH2 O0400 Weekly Grab ' Effluent Footnotes: 1. The Division shall consider all effluent TRC values reported below 50 µg/L to be in compliance with the permit. However, the Permittee shall continue to record and submit all values reported by a North Carolina certified laboratory (including field certified), even if these values fall below 50 I-Lg2• 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 DES Permit Standard Conditions Page 1 of 18 PART II STANDARD CONDITIONS FOR NPDES PERMITS Section A. Definitions 2/Month Samples are collected twice per month with at least ten calendar days between sampling events. These samples shall be representative of the wastewater discharged during the sample period. 3/Week Samples are collected three times per week on three separate calendar days. These samples shall be representative of the wastewater discharged during the sample period. Act or "the Act" The Federal Water Pollution Control Act, also known as the Clean Water Act (CWA), as amended, 33 USC 1251, et. seq. Annual Average The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar year. In the case of fecal coliform, the geometric mean of such discharges. Arithmetic Mean The summation of the individual values divided by the number of individual values. Bypass The known diversion of waste streams from any portion of a treatment facility including the collection system, which is not a designed or established or operating mode for the facility. Calendar Day The period from midnight of one day until midnight of the next day. However, for purposes of this permit, any consecutive 24-hour period that reasonably represents the calendar day may be used for sampling. Calendar Week The period from Sunday through the following Saturday. Calendar Quarter One of the following distinct periods: January through March, April through June, July through September, and October through December. Composite Sample A sample collected over a 24-hour period by continuous sampling or combining grab samples of at least 100 mL in such a manner as to result in a total sample representative of the wastewater discharge during the sample period. The Director may designate the most appropriate method (specific number and size of aliquots necessary, the time interval between grab samples, etc.) on a case -by -case basis. Samples may be collected manually or automatically. Composite samples may be obtained by the following methods: (1) Continuous: a single, continuous sample collected over a 24-hour period proportional to the rate of flow. (2) Constant time/variable volume: a series of grab samples collected at equal time intervals over a 24 hour period of discharge and combined proportional to the rate of flow measured at the time of individual sample collection, or (3) Variable time/constant volume: a series of grab samples of equal volume collected over a 24 hour period with the time intervals between samples determined by a preset number of gallons passing the sampling point. Flow measurement between sample intervals shall be determined by use of a flow recorder and totalizer, and the preset gallon interval between sample collection fixed at no greater than 1/24 of the expected total daily flow at the treatment system, or Version 1110912011 NPDES Permit Standard P (4) Constant time/constant volume: a series of grab samples of equal volume collected over a 24-hour pi constant time interval. Use of this method requires prior approval by the Director. This method may used in situations where effluent flow rates vary less than 15 percent. The following restrictions also ➢ Influent and effluent grab samples shall be of equal size and of no less than 100 milliliters ➢ Influent samples shall not be collected more than once per hour. ➢ Permittees with wastewater treatment systems whose detention time < 24 hours shall collect effluent grab samples at intervals of no greater than 20 minutes apart during any 24-hour period. ➢ Permittees with wastewater treatment systems whose detention time exceeds 24 hours shall collect effluent grab samples at least every six hours; there must be a minimum of four samples during a 24-hour sampling period. Continuous flow measurement Flow monitoring that occurs without interruption throughout the operating hours of the facility. Flow shall be monitored continually except for the infrequent times when there may be no flow or for infrequent maintenance activities on the flow device. Daily Discharge The discharge of a pollutant measured during a calendar day or any 24-hour period that reasonably represents the calendar day for purposes of sampling. For pollutants measured in units of mass, the "daily discharge" is calculated as the total mass of the pollutant discharged over the day. For pollutants expressed in other units of measurement, the "daily discharge" is calculated as the average measurement of the pollutant over the day. (40 CFR 122.2; see also "Composite Sample," above.) Daily Maximum The highest "daily discharge" during the calendar month. Daily Sampling Parameters requiring daily sampling shall be sampled 5 out of every 7 days per week unless otherwise specified in the permit. Sampling shall be conducted on weekdays except where holidays or other disruptions of normal operations prevent weekday sampling. If sampling is required for all seven days of the week for any permit parameter(s), that requirement will be so noted on the Effluent Limitations and Monitoring Page(s). 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 DES Permit Standard Conditions Page 3 of 18 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 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. r 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 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 violatic 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 crir penalties of $5,000 to $50,000 per day of violation, or imprisonment for not more than 3 years, or boLn. m Lne case of a second or subsequent conviction for a knowing violation, a person shall be subject to criminal penalties of not more than $100,000 per day of violation, or imprisonment of not more than 6 years, or both. [33 USC 1319(c)(2) and 40 CFR 122.41(a)(2)] e. Any person who knowingly violates section 301, 302, 303, 306, 307, 308, 318 or 405 of the Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of the Act, and who knows at that time that he thereby places another person in imminent danger of death or serious bodily injury, shall, upon conviction, be subject to a fine of not more than $250,000 or imprisonment of not more than 15 years, or both. In the case of a second or subsequent conviction for a knowing endangerment violation, a person shall be subject to a fine of not more than $500,000 or by imprisonment of not more than 30 years, or both. An organization, as defined in section 309(c)(3)(B)(iii) of the CWA, shall, upon conviction of violating the imminent danger provision, be subject to a fine of not more than $1,000,000 and can be fined up to $2,000,000 for second or subsequent convictions. [40 CFR 122.41(a)(2)] f. Under state law, a civil penalty of not more than $25,000 per violation may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of a permit. [North Carolina General Statutes § 143-215.6A] g. Any person may be assessed an administrative penalty by the Administrator for violating section 301, 302, 306, 307, 308, 318 or 405 of this Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of this Act. Administrative penalties for Class I violations are not to exceed $16,000 per violation, with the maximum amount of any Class I penalty assessed not to exceed $37,500. Penalties for Class II violations are not to exceed $16,000 per day for each day during which the violation continues, with the maximum amount of any Class II penalty not to exceed $177,500. [33 USC 1319(g)(2) and 40 CFR 122.41(a)(3)] 2. Du to Mitigate The Permittee shall take all reasonable steps to minimize or prevent any discharge or sludge use or disposal in violation of this permit with a reasonable likelihood of adversely affecting human health or the environment [40 CFR 122.41(d)]. Civil and Criminal Liability Except as provided in permit conditions on 'Bypassing" (Part H.C.4), "Upsets" (Part II.C.5) and "Power Failures" (Part II.C.7), nothing in this permit shall be construed to relieve the Permittee from any responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3, 143-215.6 or Section 309 of the Federal Act, 33 USC 1319. Furthermore, the Permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 4. Oil and Hazardous Substance Liability Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the Permittee from any responsibilities, liabilities, or penalties to which the Permittee is or may be subject to under NCGS 143- 215.75 et seq. or Section 311 of the Federal Act, 33 USG 1321. Furthermore, the Permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 5. Property Rights The issuance of this permit does not convey any property rights in either real or personal property, or any exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor any infringement of Federal, State or local laws or regulations [40 CFR 122.41(g)]. 6. Onshore or Offshore Construction This permit does not authorize or approve the construction of any onshore or offshore physical structures or facilities or the undertaking of any work in any navigable waters. Version 1110912011 3ES Permit Standard Conditions Page 5 of 18 rability )rovisions of this permit are severable. If any provision of this permit, or the application of any provision of ►ermit to any circumstances, is held invalid, the application of such provision to other circumstances, and the inder of this permit, shall not be affected thereby [NCGS 150B-23]. 8. Duty to Provide Information The Permittee shall furnish to the Permit Issuing Authority, within a reasonable time, any information which the Permit Issuing Authority may request to determine whether cause exists for modifying, revoking and reissuing, or terminating this permit or to determine compliance with this permit. The Permittee shall also furnish to the Permit Issuing Authority upon request, copies of records required by this permit [40 CFR 122.41(h)]. 9. Duty to Reapply If the Permittee wishes to continue an activity regulated by this permit after the expiration date of this permit, the Permittee must apply for and obtain a new permit [40 CFR 122.41(b)]. 10. Expiration of Permit The Permittee is not authorized to discharge after the expiration date. In order to receive, automatic authorization to discharge beyond the expiration date, the Permittee shall submit such information, forms, and fees as are required by the agency authorized to issue permits no later than 180 days prior to the expiration date 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. I.I. Signatory Requirements All applications, reports, or information submitted to the Permit Issuing Authority shall be signed and certified [40 CFR 122.4.1(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 P; Changes to authorization: If an authorization under paragraph (b) of this section is no longer accurate a different individual or position has responsibility for the overall operation of the facility, a new aut satisfying the requirements of paragraph (b) of this section must be submitted to the Director prior tc together with any reports, information, or applications to be signed by an authorized representative [ 122.221 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 qualifiedpersonnelproperly gather and evaluate the information submitted. Based on my inquiry of the person orpersons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations. " 12. Permit Actions This permit may be modified, revoked and reissued, or terminated for cause. The filing of a request by the Permittee for a permit modification, revocation and reissuance, or termination, or a notification of planned changes or anticipated noncompliance does not stay any permit condition [40 CFR 122.41(f)]. 13. Permit Modification, Revocation and Reissuance, or Termination The issuance of this permit does not prohibit the permit issuing authority from reopening and modifying the permit, revoking and reissuing the permit, or terminating the permit as allowed by the laws, rules, and regulations contained in Title 40, Code of Federal Regulations, Parts 122 and 123; Title 15A of the North Carolina Administrative Code, Subchapter 02H .0100; and North Carolina General Statute 143.215.1 et. al. 14. Annual Administering and Compliance Monitoring Fee Requirements The Permittee must pay the annual administering and compliance monitoring fee within thirty days after being billed by the Division. Failure to pay the fee in a timely manner in accordance with 15A NCAC 02H .0105(b)(2) may cause this Division to initiate action to revoke the permit. Section C. Operation and Maintenance of Pollution Controls 1. Certified Operator Owners of classified water pollution control systems must designate operators, certified by the Water Pollution Control System Operators Certification Commission (WPCSOCC), of the appropriate type and grade for the system, and, for each classification must [T15A NCAC 08G .0201]: a. designate one Operator In Responsible Charge (ORC) who possesses a valid certificate of the type and grade at least equivalent to the type and grade of the system; b. designate one or more Back-up Operator(s) in Responsible Charge (Back-up ORCs) who possesses a valid certificate of the type of the system and no more than one grade less than the grade of the system, with the exception of no backup operator in responsible charge is required for systems whose minimum visitation requirements are twice per year; and c. submit a signed completed "Water Pollution Control System Operator Designation Form" to the Commission (or to the local health department for owners of subsurface systems) countersigned by the designated certified operators, designating the Operator in Responsible Charge (ORC) and the Back-up Operator in Responsible Charge (Back-up ORC): (1) 60 calendar days prior to wastewater or residuals being introduced into a new system; or (2) within 120 calendar days following: ➢ receiving notification of a change in the classification of the system requiring the designation of a new Operator in Responsible Charge (ORC) and Back-up Operator in Responsible Charge (Back-up ORC) of the proper type and grade; or ➢ a vacancy in the position of Operator in Responsible Charge (ORC) or Back-up Operator in Responsible Charge (Back-up ORC). Version 1110912011 'DES Permit Standard Conditions Page 7 of 18 (3) within seven calendar days of vacancies in both ORC and Back-up ORC positions replacing or designating at least one of the responsibilities. ORC of each Class I facility (or the Back-up ORC, when acting as surrogate for the ORC) must: ➢ Visit the facility as often as is necessary to insure proper operation of the treatment system; the treatment facility must be visited at least weekly ➢ Comply with all other conditions of 15A NCAC 08G .0204. The ORC of each Class II, III and IV facility (or the Back-up ORC, when acting as surrogate for the ORC) must: ➢ Visit the facility as often as is necessary to insure proper operation of the treatment system; the treatment facility must be visited at least five days per week, excluding holidays ➢ Properly manage and document daily operation and maintenance of the facility ➢ Comply with all other conditions of 15A NCAC 08G .0204. 2. Proper Operation and Maintenance The Permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the Permittee to achieve compliance with the conditions of this permit. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures. This provision requires the Permittee to install and operate backup or auxiliary facilities only when necessary to achieve compliance with the conditions of the permit [40 CFR 122.41(e)].. NOTE: Properly and officially designated operators are fully responsible for all proper operation and maintenance of the facility, and all documentation required thereof, whether acting as a contract operator [subcontractor] or a member of the Permittee's staff. 3. Need to Halt or Reduce not a Defense It shall not be a defense for a Permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the condition of this permit [40 CFR 122.41(c)]. 4. Bypassing of Treatment Facilities a. Bypass not exceeding limitations [40 CFR 122.41(m)(2)] The Permittee may allow any bypass to occur which does not cause effluent limitations to be exceeded, but only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the provisions of Paragraphs b. and c. of this section. b. Notice [40 CFR 122.41(m)(3)] (1) Anticipated bypass. If the Permittee knows in advance of the need for a bypass, it shall submit prior notice, if possible at least ten days before the date of the bypass; including an evaluation of the anticipated quality and effect of the bypass. (2) Unanticipated bypass. The Permittee shall submit notice of an unanticipated bypass as required in Part II.E.6. (24-hour notice). c. Prohibition of Bypass (1) Bypass from the treatment facility is prohibited and the Permit Issuing Authority may take enforcement action against a Permittee for bypass, unless: (A) Bypass was unavoidable to prevent loss of life, personal injury or severe property damage; (B) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate backup equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and (C) The Permittee submitted notices as required under Paragraph b. of this section. (2) Bypass from the collection system is prohibited and the Permit Issuing Authority may take enforcement action against a Permittee for a bypass as provided in any current or future system -wide collection system permit associated with the treatment facility. Version 1110912011 NPDES Permit Standard Page 8 (3) The Permit Issuing Authority may approve an anticipated bypass, after considering its adverse effects, if the Permit Issuing Authority determines that it will meet the three conditions listed above in Paragraph c. (1) of this section. 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 DES 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 122.41]. 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 NPDES Permit Standard Pa; Recording Results For each measurement or sample taken pursuant to the requirements of this permit, the Permittee shall re following information [40 CFR 122.41]: a. The date, exact place, and time of sampling or measurements; b. The individual(s) who performed the sampling or measurements; c. The date(s) analyses were performed; d. The individual(s) who performed the analyses; e. The analytical techniques or methods used; and f. The results of such analyses. 8. Inspection and Entry The Permittee shall allow the Director, or an authorized representative (including an authorized contractor acting as a representative of the Director), upon the presentation of credentials and other documents as may be required by law, to; a. Enter, at reasonable times, upon the 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), 122.611 or state statute. Version 1110912011 b. OES Permit Standard Conditions Page 11 of 18 itoring Reports itoring results shall be reported at the intervals specified elsewhere in this permit [40 CFR 122.41(1)(4)]. Monitoring results must be reported on a Discharge Monitoring Report (DMR) (See Part II.D.2) or forms )rovided by the Director for reporting results of monitoring of sludge use or disposal practices. 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. Twentyfour 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 f 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 Pa; Penalties for Falsification of Reports The CWA provides that any person who knowingly makes any false statement, representation, or certific any record or other document submitted or required to be maintained under this permit, including monitc reports or reports of compliance or noncompliance shall, upon conviction, be punished by a fine of not n $25,000 per violation, orb imprisonment for not more than two years per violation, or by both [40 CPT? 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 PART III OTHER REQUIREMENTS L. Construction DES Permit Standard Conditions Page 13 of 18 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 defmition 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 2. DES Permit Standard Conditions Page 15 of 18 Ws must provide adequate notice to the Director of the following [40 CFR 122.42(b)]: new introduction of pollutants into the POTW from an indirect discharger, regardless of the means of port, which would be subject to section 301 or 306 of CWA if it were directly discharging those pollutants; Any substantial change in the volume or character of pollutants being introduced by an indirect discharger as influent to that POTW at the time of issuance of the permit. For purposes of this paragraph, adequate notice shall include information on (1) the quality and quantity of effluent introduced into the POTW, and (2) any anticipated impact that may result from the change of the quantity or quality of effluent to be discharged from the POTW. Section C. Municipal Control of Pollutants from Industrial Users. 1. Effluent limitations are listed in Part I of this permit. Other pollutants attributable to inputs from Industrial Users discharging to the POTW may be present in the Permittee's discharge. At -such time as sufficient information becomes available to establish limitations for such pollutants, this permit may be revised to specify effluent limitations for any or all of such other pollutants in accordance with best practicable technology or water quality standards. 2. Prohibited Discharges a. The Permittee shall develop and enforce their Pretreatment Program to implement the prohibition against the introduction of pollutants or discharges into the waste treatment system or waste collection system which cause or contribute to Pass Through or Interference as defined in 15A NCAC 02H .0900 and 40 CFR 403. [40 CFR 403.5(a)(1)] b. The Permittee shall develop and enforce their Pretreatment Program to implement the prohibitions against the introduction of the following wastes in the waste treatment or waste collection system [40 CFR 403.5(b)]: (1) 'Pollutants which create a fire or explosion hazard in the POTW, including, but not limited to, wvastestreams with a closed cup flashpoint of less than 140 degrees Fahrenheit or 60 degrees Centigrade 'bsing the tesf 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 91 f TPDES Permit Standard Pa; With regard to the effluent requirements listed in Part I of this permit, it may be necessary for the Permit supplement the requirements of the Federal Pretreatment Standards (40 CFR, Part 403) to ensure compli� the Permittee with all applicable effluent limitations. Such actions by the Permittee may be necessary reg some or all of the industries discharging to the municipal system. The Permittee shall require any Industrial User (IU) discharging to the POTW to meet Federal Pretreatmkau Standards developed under Section 307(b) of the Act as amended (which includes categorical standards and specific local limits, best management practices and narrative requirements). Prior to accepting wastewater from any Significant Industrial User (SIU), the Permittee shall either develop and submit to the Division a new Pretreatment Program or, as necessary, a modification of an existing Pretreatment Program, for approval as required under section D below as well as 15A NCAC 02H .0907(a) and (b). [40 CFR 122.440)(2)] This permit shall be modified, or alternatively, revoked and reissued, to incorporate or modify an approved POTW Pretreatment Program or to include a compliance schedule for the development of a POTW Pretreatment Program as required under Section 402 (b)(8) of the CWA and implementing regulations or by the requirements of the approved State pretreatment program, as appropriate. Section D. Pretreatment Programs Under authority of sections 307 (b) and (c) and 402(b)(8) of the CWA and implementing regulations 40 CFR 403, North Carolina General Statute 143-215.3(14) and implementing regulations 15A NCAC 02H .0900, and in accordance with the approved pretreatment program, all provisions and regulations contained and referenced in the pretreatment program submittal are an enforceable part of this permit. [40 CFR 122.440)(2)] The Permittee shall operate its approved pretreatment program in accordance with Section 402(b)(8) of the CWA, 40 CFR 403, 15A NCAC 02H .0900, and the legal authorities, policies, procedures, and financial provisions contained in its pretreatment program submission and Division approved modifications thereof. Such operation shall include but is not limited to the implementation of the following conditions and requirements. Terms not defined in Part II or Part IV of this permit are as defined in 15A NCAC 02H .0903 and 40 CFR 403.3. 1. Sewer Use Ordinance (SUO) The Permittee shall maintain adequate legal authority to implement its approved pretreatment program. [15A NCAC 02H .0903(b)(32), .0905 and .0906(b)(1); 40 CFR 403.8(f)(1) and 403.9(b)(1) and (2)] 2. Industrial Waste Survey (IWS) The Permittee shall implement an IWS consisting of the survey of users of the POTW collection system or treatment plant, as required by 40 CFR 403.8(f)(2)(i-iii) and 15A NCAC 02H .0905 [also 40 CFR 122.440)(1)], including identification of all Industrial Users that may have an impact on the POTW and the character and amount of pollutants contributed to the POTW by these Industrial Users and identification of those Industrial Users meeting the definition of SIU. Where the Permittee accepts wastewater from one or more satellite POTWs, the IWS for the Permittee shall address all satellite POTW services areas, unless the pretreatment program in those satellite service areas is administered by a separate Permittee with an approved Pretreatment Program. The Permittee shall submit a summary of its IWS activities to the Division at least once every five years, and as required by the Division. The IWS submission shall include a summary of any investigations conducted under paragraph C.2.c. of this Part. [15A NCAC 02H .0903(b)(13), .0905 and .0906(b)(2); 40 CFR 403.8(f)(2) and 403.91 3. Monitoring Plan The Permittee shall implement a Division -approved Monitoring Plan for the collection of facility specific data to be used in a wastewater treatment plant Headworks Analysis (HWA) for the development of specific pretreatment local limits. Effluent data from the Plan shall be reported on the DMRs (as required by Parts II.D and II.E.5.). [15A NCAC 02H .0903(b)(16), .0906(b)(3) and .0905] 4. Headworks Analysis (HWA) and Local Limits The Permittee shall obtain Division approval of a HWA at least once every five years, and as required by the Division. Within 180 days of the effective date of this permit (or any subsequent permit modification) the Permittee shall submit to the Division a written technical evaluation of the need to revise local limits (i.e., an updated HWA or documentation of why one is not needed) [40 CFR 122.44]. The Permittee shall develop, in accordance with 40 CFR 403.5(c) and 15A NCAC 02H .0909, specific Local Limits to implement the prohibitions listed in 40 CFR 403.5(a) and (b) and 15A NCAC 02H .0909. Pursuant to 40 CFR 403.5, local limits are Version 1110912011 )ES Permit Standard Conditions Page 17 of 18 rceable Pretreatment Standards as defined by 40 CFR 403.3(1). [15A NCAC 02H .0903(b)(10), .0905, and 5(b)(4)], strial User Pretreatment Permits (IUP) & Allocation Tables cordance 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 lUP 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 (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)1 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 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 403.12] 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 SummM (PPS) A pretreatment program summary (PPS) on forms or in a format provided by the Division; c. Significant Non -Compliance Report (SNCR) A list of Industrial Users (IUs) in significant noncompliance (SNC) with pretreatment requirements, and the nature of the violations on forms or in a format provided by the Division; d. Industrial Data 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 lUs 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 IndustrialUsers (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). [I 5A NCAC 02H .0908(f); 40 CFR 403.12(o)]' 13. Pretreatment Program Resources The Permittee shall maintain adequate funding and qualified personnel to accomplish the objectives of its approved pretreatment program. and retain a written description of those current levels of inspection. [I 5A NCAC 02H .0906(b)(9) and (10) and .0905; 40 CFR 403.8(f)(3), 403.9(b)(3)] 14. Modification to Pretreatment Programs Modifications to the approved pretreatment program including but not limited to local limits modifications, POTW monitoring of their Significant Industrial Users (SIUs), and Monitoring Plan modifications, shall be considered a permit modification and shall be governed by 40 CFR 403.18, 15 NCAC 02H .0114 and 15A NCAC 02H .0907. Version 1110912011 Water, Poflution Control System .0pieftti)r Designation Form vvPCS00C. NCAC 1.5A 8IG..0201 P6rmiftee,Ownetpff,w6rNa-jfte: Mailing Address: C2 om (Z P.: Phonez#: (0 City: R%,/:A 'Staie:, —/j Email' address: Signature: Date: ...... ......... i ........................................... ........................... A ................. ( ....... Permit 4:, /v� SOOMITA SEPARATE FORM FOR EACH Ti(Pk-SiV8T-E Fa"6W-T-b&Grade: Biological W­WTR $urface%fiTjgatiqt PhysicaliChe,mical. Land Applitation CoIlbGtiOg$Y$tbm .... . . ... . . a . . . . . . . . . . * . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... . . . . . .................. Oer4tor in Respon 'ble Charge (ORC) PfintTull Name C -7 CertificateType i Grade /-Number! Work Phone 9 Signature: Cam, 7 7ze-v--e-� 6-- 29-,1-4i4 "I certify that tagee tomy designation as th-O"Operator in Responsible Charge for the facility rioted: I'dridtfstand afid iNrilv.Abidd by the rules, -d,,reiid4tibhs,peitainffigt6,tlieresponsibilities ofthe oP,Casset ,forth iri'15ANCAC08G" 204afid-faiii g to do so can.restilt in Disciplinary A669ns by the Water Pollution Control System Operators -Certifiedtioh Uornrn sio is n. ....................................... ........... ....................................... .................. ........... Back -UP, Operator in Responsible'Charge (BU, Olkq Print Full -Name: ­7-m`d Certificate ,:Type , [Grade] Numb qr 4- J 5? e Work Phone,#:. 7, -Signature: ate: I certify - that �,agree . to my designation as a Back-up Operator in Responsible Charge for thetfacility noted. IAihddr§tand and will -abide by the. rules-and,regulations Rertainipg to the respomloilitics of the BU.,ORC as -set forth in l5A'NCkG08G.'0205 Ah,a f -do so can result in Disciplinary Act I I , 4jlingtq p4nary ions byte,Water-Pollution Control,Systern O�eiatots�'C4�iiificaiionCommission.1 ................ ................................... 1...,.._..�i ............................... Maio fat. or enwil the WKSOCC, 1618 Mail Service Centel; Ral6ji -2769 94618, Yax_9 0. 07.6.441 original Po: Hail orfax a copy to the Asheirille 'Fayetteville Mooresville Ralleigh apprO&Iate-Regional f)ffice.- 2090:US ffwY 70 .115 Green St 610 E Center Ave arreiDr -54QO , Barrett Swannanoa 287,78 Suite 714 Siiite 304 Raleigh 27609, ftx: 828.299.7043 AFay6qeville 29301-5043, MooresvilleJ9115 I Fax.019.571A718 Phone, 8261.2941A500 .Fax: 910.486.0707 Fai: 70.4.�663.6940 1, l4.i�6.1 C:919.79,IA200 phone: 910'.433:33W I I _1 Phone:. 70699 Pi �Vaifiington, wilminst6h 943Washington Sq,m .911 127 Cardinal pr_ Vaugh $t -5,85- town Wqsfiintgion 2A80 W16ingtow2,8405-2845 Wifiston-Mern.2-7.107 fav45-2.94,6.921 5 Fax: 910-356.2018- Fai&3 , 36.771.4631 hone::2512,;946.6.UI Phiixk: 910196.7215. Phone: JAO.11.5600 Oevlised,62T2013, mn■i■uui■ui■uu■i■ui■i■uuuwn■um■i■uuuuuui■uuuu■uuuuuuui■uuuuuuuui■i■i■■u�■n■i■■uuuuu■i■i■ui■u . A & D Water Service, Inc. P.�O Box 1407 �Pisgah Forest, NC 28768 ■ ■■■■■■■■■�Phone (828) 884T Fe , 612 �� V L ,d FEB 2-7 2012 System Performance Annual Report "' NC Division of Water Quality - 1617 Mail Services Center T r -- V f� I ER QUALITY SE Raleigh, NC 27699-1617 a:s -IEVILL _F REG!ew,�L orr=;cF Re: Annual Performance latppr NPDES #NC0048658 - Sherwood Forest NPDES #NC0059421 - Sapphire Lakes �r . ► S�##fiT:@0:0 439 - apn ><re L*akes- NPDES #WQ0015929- High Vista a is Dear Sir: Enclosed are three (3) copies of the Annual Performance Report and, three (3) copies of the Notice to the users for the above referenced wastewater systems, as required. If you have any questions or need additional information, please feel free to call me 'at 828-890-4810. Sincerely, Aubrey Deaver cc: Project File I-- -,nth; K C1UALii`( T soup 1 ° uiruuui■iruuu�■�■uuuirirnuuuiru�rirui■uui■mmi■inrinmuiri■�■uuuiruuuui■i■iruuuumruuuuumrirui■�■u & D Water Service, Inc. uuuuuuuu�ruvuiruuuuiruuuuiruuiririnruuuuuuuuuuuuui■uuum■mmi■uuuuui■uuuui■uuir,oriri■uu Box 1407 Pisgah Forest, NC 28768 Phone (828) 884-9772 Fax (828) 884-8632 N 0 T I C E Annual Performance Report Wastewater Treatment Systems On July 20, 1999, the North Carolina General Assembly ratified House Bill 1160, the Clean Water Act of 1999, which placed significant new reporting requirements on those entities that own or operate wastewater treatment and collection systems. Specific items included: 1. A Spill Response Plan 2. Sewer Collection System Operation & Maintenance Plan 3. Annual Performance Report - These new requirements became effective October 1, 1999. This law was -established to provide a mechanism for public oversight (and hopefully, to instill public confidence) in owners and operators of wastewater treatment systems and in their efforts to protect the waters of the state. We are pleased to announce that the Annual Performance Report for your wastewater treatment and sewer line collection system is now available for review. A copy of the report is available to interested persons by contacting the office at (828) 884-9772. A&D Water Services, Inc. is pleased to be a part of thi's on -going environmental protection effort. Sincerely, Aubrey Deaver 1. .mnemaa■ma.memannn.m�.umaaa aaw ifnuut.uuuum■uu�■w■umeianeuuuuumanns�an.uuu Water Service, Inc. soul®ieieismui■uuuuuuumnnnnn.uuuuuuuuuuuu�ana.man.uuuuuu�■uuuinmmm�nsmnnna. 1407-: Pisgah forest, PVC 28768 Phone (828) 884-9772 Fax (828) 884-8632 Annual Wastewater Treatment System Performance Report for Sapphire Lakes Wastewater Treatment System for the OperatIng Peiod January thru December - 2011 Preface On July 20, 1999, the North Carolina General Assembly ratified House Bill 1160, the Clean Water Act of 1999, which placed significant new reporting requirements on those entities that own or operate wastewater treatment and collection systems. Specific items included: 1. A Spill Response Plan 2. Sewer Collection System Operation & Maintenance Plan 3. Annual Performance Report These new requirements became effective October 1, 1999. This report is designed to meet the minimum requirements for the Annual Performance Report established by the North Carolina Department of Environment and Natural Resources (DENR) as set forth in their guidance document dated October 19, 1999. This law .was established to provide a mechanism for public oversight (and hopefully, to instill public confidence) in owners and operators of wastewater treatment systems and in their efforts to protect the waters of the state. 1 ,neral Information -ility/System Name: ' sponsible Entity: Person(s) in Charge/Contact: Applicable Permits: Sapphire bakes WWTP Transylvania County A&D Water Services, Inc. Aubrey Deaver - Owner Gary Norton - Operator -in -.Responsible Charge (ORC) NPDES # NCO059421 NPDES # NCO059439 Description of Treatment Process, Collection System and Facilities Served: Treatment Process - The system operates two (2) treatment facilities: The larger treatment facility (NPDES # N00059421) is a typical extended aeration process napal�lL'-Of-tree c � l-loos pe daY-(g-4)-witji-tablet-ci lor- e- — sinfeetion.-=-The — - treated effluent is discharged into the Horsepasture River, classified Class C waters, in the Savannah River Basin. The smaller treatment facility Q%TPDES # NC0059439) is a typical surface sand filter capable of treating 4,900 gallons per day (gpd) with tablet chlorine disinfection. The treated effluent is discharged into James Creek, classified Class C waters, in the Savannah River Basin. Collection System - The main collection system is a standard gravity design with 8-inch diameter pipe and pre-cast.manholes. The system has one duplex lift station with small diameter force main in service. The system has a Spill Response Plan and an Operation and Maintenance Plan for the collection system. Facilities Served - The larger facility serves most of the developed area. The sand filter unit serves a portion of Fairway 'Villas only. II.. WWTP Performance The system had no violations for the year. We take pride in our efforts to protect the local environment and the quality of the waters in our streams. III. No4iincation A letter advising of the availability of this report will be mailed to each resident. A copy of this report is available to interested persons in the offices of: A&D Water Services, Inc. P.O. Box 1407 Pisgah Forest, NC 28768 or by contacting the office at 828-884-9772. 2 f required, three copies of this report is being provided to NC DENIt iders who have questions or desire detailed information are invited to contact Aubrey Deaver at offices. V. - Cer-Mcation . I certify that under penalty of law that this report is complete and accurate to the best of my knowledge. /771 A ey Deaver, Owner Date ' This report prepared by: Tom Kilpatrick P.O. Box 679 Etowah, NC 28729 Phone: (828) 890-4810 February 13, 2012 Filename: C:\Documents and Settings\Deavor\My DocumentsUom's Documents\Sapphire Lakes\APR Sapphire Lakes 'I l.wpd 3 04 L 1■1■1■I.I.I.I.I.I.I\I.III.I.I.I■1■1.1■I■I■I■I.1■I.I.I.I.I.I.I.I.I.I.I.I.Inn I.I �g�1.1.1.1.1.1�1.1.1.171.101.1..- A & D Water Service, Inc. ■I.L1■LLLLLLLLLLLLLL LLLLLLIi1.LLi■Inn.1.1■i■1.1.1■L1.1.1■LL1.1.LLLLISLLI■L1.1.1.1.1.1.1.1.1.1.1.1.1�1.1.1.1■ P. O. Box 1407 Pisgah Forest, NC 28768 Phone (828) 884-9772 Fax (828) 884-8632 Annual Wastewater Treatment System Performance Deport for Sapphire Lakes Wastewater Treatment System for the Operating Period January thru December - 2010 Preface E c E � v E MAR - 2 2011 WATER QUALITY SECTION ASHEVILLE REGIONAL OFFICE On July 20, 1999, the North Carolina General Assembly ratified House Bill 1160, the Clean Water Act of 1999, which placed significant new reporting requirements on those entities that own or operate wastewater treatment and collection systems. Specific items included: 1. A Spill Response Plan 2. Sewer Collection System Operation & Maintenance Plan 3. Annual Performance Report These new requirements became effective October 1, 1999. This report is designed to meet the minimum requirements for the Annual Performance Report established by the North Carolina Department of Environment and Natural Resources (DENR) as set forth in their guidance document dated October 19, 1999. This law was established to provide a mechanism for public oversight (and hopefully, to instill public confidence) in owners and operators of wastewater treatment systems and in their efforts to protect the waters of the state. zeral Information -ility/System Name: sponsible Entity: Person(s) in Charge/Contact: Applicable Permits: Sapphire Lakes WWTP Transylvania County A&D Water Services, Inc. Aubrey Deaver - Owner Gary Norton - Operator -in -Responsible Charge (ORC) NPDES # NC0059421 NPDES # NC0059439 Description of Treatment Process, Collection System and Facilities Served: Treatment Process - The system operates two (2) treatment facilities: The larger treatment facility (NPDES # NC0059421) is a typical extended aeration process capable of treating 25,000 gallons per day (gpd) with tablet chlorine disinfection. The treated effluent is. discharged into the Horsepasture River, classified Class C waters, in the Savannah River Basin. The smaller treatment facility (NPDES # NC0059439) is a typical surface sand filter capable of treating 4,900 gallons per day (gpd) with tablet chlorine disinfection. The treated effluent is discharged into James Creek, classified Class C waters, in the Savannah River Basin. Collection System - The main collection system is a standard gravity design with 8-inch diameter pipe and pre -cast manholes. The system has one duplex lift station with small diameter force main in service. The system has a Spill Response Plan and an Operation and Maintenance Plan for the collection system. Facilities Served - The larger facility, serves most of the developed area. The sand filter unit serves a portion of Fairway Villas only. II. WWTP Performance The WWTP received a Notice of Violation for exceeding the fecal coliform limits during the annual compliance sampling inspection. The situation was promptly corrected. We take pride in our efforts to protect the local environment and the quality of the waters in our streams. III. Notification A letter advising of the availability of this report will be mailed to each resident. A copy of this report is available to interested persons in the offices of A&D Water Services, Inc. P.O. Box 1407 Pisgah Forest, NC 28768 2 or by contacting the office at 828-884-9772. required, three copies of this report is being provided to NC DENR aders who have questions or desire detailed information are invited to contact Aubrey Deaver at , offices. V. Certification I certify that under penalty of law that this report is complete and accurate to the best of my knowledge. �Uaa l l l ubrey Deaver, Owner Date This report prepared by: Tom Kilpatrick P.O. Box 679 Etowah, NC 28729 Phone: (828) 890-4810 February 9, 2011 Filename: C:\Documents and Settings\DEAVER\Desktop\Tom's Documents\Sapphire Lakes\APR Sapphire Lakes'10.wpd NCDENR North Carolina Department of Environment Division of Water Qualit Governor AUBREY DEAVER PRESIDENT A&D WATER SERVICE, INC PO BOX 1407 PISGAH FOREST NC 28768 Dear Mr. Deaver: Charles Wakild, P.E. Director April 16, 2010 I ! I APR 17 2012 I � WATER QUALITY SECTION /;SH:HVILLE RFI"ONAL OFFICE f :. h�'.t,:.. ^�f'.:, xr: �.: '_ ... ,. off..•'. i♦ Subject: Receipt of permit renewal application NPDES Permit NCO059421 Sapphire Lakes Plant #1 Transylvania County The NPDES Unit received your permit renewal application on April 12, 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 you: existing permit expires. If you have any additional questions concerning renewal of the subject permit, please contact Bob Sledge at (919) 807-6398. Sincerely, Dina Sprinkle Point Source Branch cc: CENTRAL FILES Awl, e Regional ®,ffice/Suuface Waite" Proteetion 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.ncwaterquality.org An Equal Opportunityi Affirmative Action Employer One NorthCuolina Natimally 31 NPDES APPLICATION - FORM D ely 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 U71, i�iP ES a'-eiinit iCavr3'i.4ri— 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 A & D Water Service, Inc. Facility Name Sapphire Lakes Plant # 1 Mailing Address P O Box 1407 City Pisgah Forest State / Zip Code N C / 28768 Telephone Number (828) 884-9772 Fax Number (828)884-8632 e-mail Address admaint@citcom.net 2. Location of facility producing discharge: Check here if same address as above ❑ Street Address or State Road Off US Highway 64 at Sapphire Lakes near Round Mtn City State / Zip Code County Sapphire N C / 28774 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 A & D Water Service, Inc Mailing Address P O Box 1407 City Pisgah Forest State / Zip Code N C / 28768 Telephone Number (828)884-9772 Fax Number (828)884-8632 p p� ZIoZ 6 Ndd 8 1 of 3 Form-D 05/08 NPDES APPLICATION - FORM D ;ly owned treatment systems treating 100% domestic wastewaters <1.0 MGD of w@Lstewater: F4cilit9 Generatigg Wastewater/check all that applyh Industrial ❑ Number of Employees Commercial X Number of Employees unk Residential X Number of Homes 89 School ❑ Number of Students/Staff Other ❑ Explain: Describe the source(s) of wastewater (example: subdivision, mobile home park, shopping centers, restaurants, etc.): Subdivision, condominiums and country club. Population served: 250 5. Type of collection system X Separate (sanitary sewer only) ❑ Combined (storm sewer and sanitary sewer) 6. Outfall Information: Number of separate discharge points 1 Outfall Identification number(s) 001 Is the outfall equipped with a diffuser? Yes X No 7. Name of receiving stream(s) (Provide a map shouring the exact location of each outfallr Horse Pasture River S. Frequency of Discharge: X Continuous ❑ Intermittent If intermittent: Days per week discharge occurs: Duration: _ 9. Describe the treatment system List all installed components, including capacities, provide design removal for BOD, TSS, nitrogen and phosphorus. If the space provided is not sufficient, attach the description of the treatment system in a separate sheet of paper. 0.025 mgd package WWTP with chlorination, dechlorination and flow recorder. Standard secondary treatment design removal rates. 2of3 Form-D 05/08 NPDES APPLICATION - FORM D dy owned treatment systems treating 100% domestic wastewaters <1.0 MGD nation: Treatment Plant Design flow 0.025 MGD Annual Average daily flow 0.0049 MGD (for the previous 3 years) Maximum daily flow 0.0231 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 and pH shall be grab samples, for all other parameters 24-hour composite sampling shall be used. If more than one analysis is reported, report daily maximum and monthly average. If only one analysis is reported, report as daily maximum. Parameter Daily Maximum Monthly Average Units of Measurement Biochemical Oxygen Demand (BOD5) 6.0 mg/L Fecal Coliform 37 col/ 100ml Total Suspended Solids 19 mg/L Temperature (Summer) 22 deg C Temperature (Winter) 7 deg C pH 7.3 S.U. 13. List all permits, construction approvals and/or applications: Type Permit Number Type Permit Number Hazardous Waste (RCRA) UIC (SDWA) NPDES PSD (CAA) Non -attainment program (CAA) 14. APPLICANT CERTIFICATION NESHAPS (CAA) Ocean Dumping (MPRSA) Dredge or fill (Section 404 or CWA) Other 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. Aubrey Deaver President Printed name of Person Signing Title Date North Carolina General Statute 143-215.6 (b)(2) states: Any person who knowingly makes any false statement representation, or certification in any application, record, report, plan, or other document files or required to be maintained under Article 21 or regulations of the Environmental Management Commission implementing that Article, or who falsifies, tampers with, or knowingly renders inaccurate any recording or monitoring device or method required to be operated or maintained under Article 21 or regulations of the Environmental Management Commission implementing that Article, shall be guilty of a misdemeanor punishable by a fine not to exceed $25,000, or by imprisonment not to exceed six months, or by both. (18 U.S.C. Section 1001 provides a punishment by a fine of not more than $25,000 or imprisonment not more than 5 years, or both, for a similar offense.) 3of3 Form-D 05/08 Governor 77LM -", °� 7 CDE VLF V North Carolina Department of Environment and Natural Resources John E. Skvarla, III Secretary June 30, 2014 Audrey Deaver A&D Water Service Inc PO Box 1407 Pisgah Forest NC 28768 SUBJECT: Compliance Evaluation Inspection Sapphire Lakes WWTP #1 Permit No: NCO059421 Transylvania County Dear Mr. Deaver: On May 28, 2014, I conducted a compliance evaluation inspection on the Sapphire Lakes WWTP #1. I would like to thank you for your assistance in this inspection. The facility was found to be in compliance with permit NC0059421. Please refer to the enclosed inspection report for additional observations and comments. If you or your staff have any questions, please call me at: 296-4500. Sincerely, - -y l _ Katherine H Jimison Chemistry Technician III Asheville Regional Office Enclosure cc: MSC 1617-Central Files -Basement he�v�lrle�les v __ Water Quality Regional Operations —Asheville Regional Office 2090 U.S. Highway 70, Swannanoa, North Carolina 28778 Phone: 828-296A500 FAX: 828-299-7043 Internet: hftp://portal.ncdenr.org/web/wq An Equal Opportunity \ Affirmative Action Employer G:\WR\WQ\Transylvania\Wastewater\Minors\Sapphire Lakes WWTP #1 59421\59421 CEI 2014.doc United States Environmental Protection Agency Form Approved. PA 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 IN 1 2 U 3 I NC0059421 I11 12 14/05/28 17 18 L S J 19 L s j 201 I 21111111 111111111 11 1111111 1 1 11111 1111111 11 11 f6 Inspection Work Days Facility Self -Monitoring Evaluation Rating B1 QA ----------Reserved---------- 67 71 I I 72 �, 73 I I 174 751 III I 11 180 70 �,J —J I - LJ I I Section B: Facility Data Name and Location of Facility Inspected (For Industrial Users discharging to POTW, also include Entry Time/Date Permit Effective Date POTW name and NPDES permit Number) 11:15AM 14/05/28 12/09/01 Sapphire Lakes Plant WWTP #1 Exit Time/Date Permit Expiration Date 1600 US Hwy 64 W Sapphire NC 28774 12:OOPM 14/05/28 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 Audrey Deaver,PO Box 1407 Pisgah Forest NC 28768//882-884-9772/ No Section C: Areas Evaluated During Inspection (Check only those areas evaluated) Permit ® Flow Measurement Operations & Maintenance ® Records/Reports ® Facility Site Review Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s) and Signature(s) of Inspector(s) Agency/Office/Phone and Fax Numbers Date Kathy JI t 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# NPDES yr/mo/day Inspection Type 31 NCO059421 I1 12 14/05/28 17 18 i c l Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) Mr. Aubrey Deaver assisted in this inspection. At the time of this inspection, the flow meter had not been calibrated in the last year. However, a copy of an invoice was sent to me showing a calibration date of 5-30-14. This facility appears to be operated and maintained well. Page# Permit: NCO059421 Owner -Facility: Sapphire Lakes Plant WWfP #1 Inspection Date: 05/28/2014 Inspection Type: Compliance Sampling Permit Yes No NA NE (If the present permit expires in 6 months or less). Has the permittee submitted a new ❑ ❑ ® ❑ application? Is the facility as described in the permit? ❑ ❑ ❑ # Are there any special conditions for the permit? ❑ A ❑ ❑ Is access to the plant site restricted to the general public? ® ❑ ❑ ❑ Is the inspector granted access to all areas for inspection? X ❑ ❑ ❑ 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: ORC analyzes process control parameters including DO and Settleable Solids. Equalization Basins Yes No NA NE Is the basin aerated? ® ❑ ❑ ❑ Is the basin free of bypass lines or structures to the natural environment? ® ❑ ❑ ❑ Is the basin free of excessive grease? ® ❑ ❑ ❑ Are all pumps present? ❑ ❑ ❑ Are all pumps operable? N ❑ ❑ ❑ Are float controls operable? ❑ ❑ ❑ Are audible and visual alarms operable? ❑ ❑ ❑ # Is basin size/volume adequate? a ❑ ❑ ❑ Comment: Bar Screens Yes No NA NE Type of bar screen a.Manual b.Mechanical ❑ Are the bars adequately screening debris? ® ❑ ❑ ❑ Is the screen free of excessive debris? ® ❑ ❑ ❑ Is disposal of screening in compliance? ® ❑ ❑ ❑ Is the unit in good condition? N ❑ ❑ ❑ Page# 3 Permit: NCO059421 Owner -Facility: Sapphire Lakes Plant WWTP #1 Inspection Date: 05/28/2014 Inspection Type: Compliance Sampling Bar Screens Yes Comment: Aeration Basins Yes No NA NE Mode of operation Ext. Air Type of aeration system Diffused Is the basin free of dead spots? ® ❑ ❑ ❑ Are surface aerators and mixers operational? ❑ ❑ ® ❑ 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? ❑ ❑ ❑ E Is the DO level acceptable?(1.0 to 3.0 mg/1) ❑ ❑ ❑ Comment: Secondary Clarifier Yes No NA NE Is the clarifier free of black and odorous wastewater? ® ❑ ❑ ❑ Is the site free of excessive buildup of solids in center well of circular clarifier? ' ❑ ❑ M ❑ 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) ❑ ❑ ❑ Comment: Disinfection -Tablet Yes No NA NE Are tablet chlorinators operational? 0 ❑ ❑ ❑ Are the tablets the proper size and type? N ❑ ❑ ❑ Number of tubes in use? 2 Is the level of chlorine residual acceptable? ❑ ❑ ❑ Page# 4 NCO059421 Owner -Facility: Sapphire Lakes Plant WWTP #1 05/28/2014 Inspection Type: Compliance Sampling Tablet Yes No NA NE Is the contact chamber free of growth, or sludge buildup? 9 ❑ ❑ ❑ Is there chlorine residual prior to de -chlorination? ❑ ❑ ❑ 0 Comment: De -chlorination Yes No NA NE Type of system ? Tablet Is the feed ratio proportional to chlorine amount (1 to 1)? ❑ ❑ W ❑ Is storage appropriate for cylinders? ❑ ❑ ® ❑ # Is de -chlorination substance stored away from chlorine containers? ❑ ❑ ® ❑ Comment: Are the tablets the proper size and type? H ❑ ❑ ❑ Are tablet de -chlorinators operational? M ❑ ❑ ❑ Number of tubes in use? 2 Comment: Flows Measurement - Effluent Yes No NA NE # Is flow meter used for reporting? ❑ ❑ ❑ Is flow meter calibrated annually? ❑ ❑ ❑ Is the flow meter operational? ® ❑ ❑ ❑ (If units are separated) Does the chart recorder match the flow meter? ❑ ❑ ❑ W Comment: At the time of this inspection the flow meter had not been calibrated in over 12 months. However Mr. Deaver has documentation showing that the meter was calibrated on 05-30-2014, two days after this inspection. Page# 5 A & D Water Service, Inc. P.O. Box 1407 Pisgah Forest, NC 28768 828-884-9772 Fax 828-884-8632 January 27, 2011 Roger C. Edwards Surface Water Protection Section 2090 US Hwy 70 Swannanoa, NC 28778 RE: NOV 201 O-PC-1 009 Dear Mr. Rogers, The referenced report was lost in my office until today. The tablets in the CI-2 feeder were bound up and could not contact the effluent. We replaced the caps on the tubes to prevent precipitation penetration. The operators keep a closer check on the tubes. If you need more information please call me at 884-9772. Sincerely, revy L. Deaver 113 JAN 2 8 2011 WATER QUALITY SECTION ASHEVILLE REGIONAL OFFICE ft�E COPY NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary SURFACE WATER PROTECTION SECTION September 8, 2010 Mr. Aubrey L Deaver A&D Water Service, Inc. PO Box 1407 Pisgah Forest, NC 28768-1407 Subject: NOTICE OF VIOLATION NOV-2010-PC-1009 Compliance Sampling Inspection Sapphire Lakes Plant WWTP #1 Permit No. NCO059421 Transylvania County Dear Mr. Deaver: Enclosed please find a copy of the Inspection Report from the inspection conducted on August 24, 2010. The treatment facility was found to be in violation of Permit NCO059421 for the following: Review of the self -monitoring reports revealed the following violation: Parameter Date Limit Value Reported Value Limit Type Fecal Coliform August 24, 2010 400 col/100 ml >2000 col/100 ml Daily Maximum Please refer to the enclosed Inspection Report for any additional observations and comments. To prevent further action, carefully review these violations and deficiencies and respond in writing to this office within fifteen (15) working days of receipt of this letter. You should address the causes of noncompliance and all actions taken to prevent the recurrence of similar situations. If you should have any questions, please do not hesitate to contact Wanda Frazier at 828-296-4662. Sincerely, C ���� Ro er C. ervisor 9 Edwards, Re ional Su 9 p Attachment Surface Water Protection Section c : DRaw he GAm WQ Central-Filesw/attachment S:\SWP\Transylvania\Wastewater\Minors\Sapphire Lakes WWTP #1 59421\NOV-2010-PC-1009 CE1.8-24-10.doc SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE OnrthCarolina Location: 2090 U.S. Highway 70, Swannanoa, NC 28778 /i Phone: (828) 296-4500\FAX: 828 299-7043\Customer Service: 1-877-623-6748 Nahmalill Internet: www.ncwaterquality.orq 0-x NPDES yr/mo/day, . Inspection Type 3I NCO059421 I11 12I 10/08/24 I17 18IS1 (cont.) Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) FACILITY DESCRIPTION: The Sapphire Lakes WWTP # 1 is a class II WWTP rated at 0.025 MGD (0.3 MGD after A to C) extended aeration package WWTP consisting of: 12,500 gallon flow equalization basin with manual bar screen; 0.5 HP blower and dual high water alarms; single 25,000 gallon aeration basin with dual 3 HP blowers providing diffused air; clarifier with skimmer and sludge returns; 4000 gallon aerobic digestor; tablet chlorinator; 1000 gallon chlorine contact chamber; tablet dechlorinator; Stevens 61 R flow meter; and 22.5 degree v-notch weir. (There is no permanent emergency generator on -site.) Annual Average Flow: 0.008-0.009 MGD (estimate) Collection System: The wastewater generated by the development is collected and treated at WWTP # 1 package plant and WWTP # 2 septic tank sand filter system. There are — 5693 linear feet of 8-inch diameter gravity sewer and — 2700 linear feet of 2- and 3-inch force main in the collection system. Collection System Permits: The Pinnacle - permit # WQ0004013 (issued 8-31-1990) for: 1121 linear feet of 8-inch gravity sewer. Cottages @ #2 Fairway - permit # WQ0000101 (issued 8-17-1988) for: 1372 linear feet of 8-inch gravity sewer. Guest Quarters — permit # 15975 (issued 3-25-1988) for: 46 gpm pump station with dual submersible pumps, — 800 linear feet of 2-inch force main, and 1900 linear feet of 3-inch force main. River Club Villas (Tennis Villas) — permit # 13897 (issued 10-29-1986) for: 3200 linear feet of 8-inch gravity sewer. Development: Consists of 1450 acres with private, second home community with golfing, tennis and swimming pool. Phase 1 has 1000 acres with 590 lots, 84 multi-family/villa units, 8 guest quarters, and 80 seat' clubhouse. Phase 11 has 450 acres and was sold to Burlingame (another developer) and is now managed by the POA. Everything there is all on septic systems. Sludge Management: Commercial hauler to the City of Brevard's WWTP. Page # 2 Permit: NCO059421 Inspection Date: 08/24/2010 PERMIT / INSPECTION / LOG: Owner - Facility: Sapphire Lakes Plant VWVFP #1 Inspection Type: Compliance Sampling A review of the files indicates that the last compliance evaluation inspection was conducted on 2-14-2007 by Wanda Frazier. 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. TREATMENT UNITS / PROCESS CONTROL TESTING DATA: The activated sludge aeration basin process control data was as follows: Settleable Solids = 300 ml/I = 30% FLOW MEASUREMENT: The effluent flow meter was last calibrated on December 2009. OPERATIONS AND MAINTENANCE / EFFLUENT / SUMMARY: Mr. Aubrey Deaver and Mr. Mike Walker assisted in the inspection. Effluent samples were taken during the inspection. The following lab results were reported. BOD = 5.2 mg/I TSS = 23 mg/I Fecal coliform = > 2000 colonies / 100 ml --- The chlorine tablets had swollen in the dispenser and were not in contact with the wastewater flowing through the unit. Mr. Deaver shook the tablets down so that contact was made with the wastewater. SYSTEM PERFORMANCE ANNUAL REPORT: The 2009 System Performance Annual Report was received by the Division on 2-15-2010. Page # 3 Permit: NCO059421 Inspection Date: 08/24/2010 Owner - Facility: Sapphire Lakes Plant WWTP #1 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 n ■ n Is the facility as described in the permit? ■ n n ❑ # Are there any special conditions for the permit? n ■ n n Is access to the plant site restricted to the general public? ■ ❑ n ❑ Is the inspector granted access to all areas for inspection? ■ n n n Comment: Operations & Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? _ ■ n 0 El Does the facility analyze process control parameters, for ex: MLSS, MCRT, Settleable Solids, pH, DO, Sludge ■ n n n Judge, and other that are applicable? Comment: Equalization Basins Yes No NA NE Is the basin aerated? ■ n n n Is the basin free of bypass lines or structures to the natural environment? ■ n n n Isthe basin free of excessive grease? ■ n n n Are all pumps present? ■ n n n Are all pumps operable? ■ n n n Are float controls operable? ■ n n n Are audible and visual alarms operable? ■ n n n # Is basin size/volume adequate? ■ n n In Comment: Bar Screens Yes No NA NE Type of bar screen a.Manual ■ b.Mechanical Are the bars adequately screening debris? ■ n n n Is the screen free of excessive debris? ■ ❑ n Is disposal of screening in compliance? ■ n ❑ n Is the unit in good condition? ■ n n n Comment: Page # 4 Permit: NCO059421 Owner - Facility: Sapphire Lakes Plant WWTP #1 Inspection Date: 08/24/2010 Inspection Type: Compliance Sampling 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? ❑ ❑ ■ Are the diffusers operational? ■ Cl 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? 00 ■ n Are weirs level? ■ ❑ Is the site free of weir blockage? ■ n n n Is the site free of evidence of short-circuiting? ■ n n n Is scum removal adequate? ■ n Cl n Is the site free of excessive floating sludge? ■ ❑ ❑ 11 Is the drive unit operational? Cl ❑ ■ 0 Is the return rate acceptable (low turbulence)? ■ [I _ n n Is the overflow clear of excessive solids/pin floc? ■ ❑ ❑ ❑ Is the sludge blanket level acceptable? (Approximately % of the sidewall depth) ■ 0 ❑ Q Comment: Disinfection -Tablet Yes No NA NE Are tablet chlorinators operational? ■ ❑ ❑ Q Are the tablets the proper size and type? ■ n n n Number of tubes in use? 1 Is the level of chlorine residual acceptable? ■ n ❑ 11 Is the contact chamber free of growth, or sludge buildup? ■ n n n Page # 5 Permit: NC0059421 Inspection Date: 08/24/2010 Owner - Facility: Sapphire Lakes Plant 1NWfP #1 Inspection Type: Compliance Sampling Disinfection -Tablet Yes No NA NE Is there chlorine residual prior to de -chlorination? ■ n n n Comment: De -chlorination Yes No NA NE Type of system ? Tablet Is the feed ratio proportional to chlorine amount (1 to 1)? n n ■ o Is storage appropriate for cylinders? 00 ■ n # Is de -chlorination substance stored away from chlorine containers? n n ■ n Comment: Are the tablets the proper size and type? ■ n Cl n Are tablet de -chlorinators operational? ■ n n n Number of tubes in use? 2 Comment: Effluent Pipe Yes No NA NE Is right of way to the outfall properly maintained? ■ n ❑ fl Are the receiving water free of foam other than trace amounts and other debris? ■ n Cl n If effluent (diffuser pipes are required) are they operating properly? n n ■ n Comment: Page # 6 County: TRANSYLVANIA Sample ID: AB62499 River Basin QF �4A' �q PO Number # ARO Report To AROSP Q� Date Received: 08124/2010 �O� Time Received: 15:45 Collector: C W FRAZIER _f Labworks LoginlD KJIMISON Region: ARO z Report Generated: 9/21110 Sample Matrix: WASTEWATER Date Reported: 09/21/2010 Loc. Type: EFFLUENT Emergency Yes/No VisitlD COC Yes/No q'• ZZ • �� � Loc. Descr. S;A')HIRETL%il'iCESg i Location ID: N00059421 Collect Date: 08/2412010 Collect Time: 12:00 Sample Depth CAS # Analyte Name Others Sample temperature at receipt by lab BOD, 5-Day in liquid Coliform, MF Fecal in liquid Residue —Suspended in liquid PQL Result/ Qualifier 2.3 2 5;2 1 ! Mlt7 6.2 20 Units Method Analysis Validated by Reference Date °C 8/24/10 SMATHIS mg/L APHA5210B 8/26/10 CGREEN 5 CFU/100ml APHA9222D-20th 8/24110 CGREEN mg/L APHA2540D-20th 8/25110 CGREEN 27 2010 'I .T,IGr� �. --- -_I IlY SEc a j\1A- EFti C !JA- Ac'rJ,E`J11,- Laboratory Section>> 1623 Mail Service Center, Raleigh, NC 27699-1623 (919) 733-3908 For a detailed description of the qualifier codes refer to tgjL. d_I ncdrnr.rrz�:\a^h;r+grab-st_nh_n(ate��s5_st hl_a._(�_y lib_;r Cnd_rs;_ht!L'_rnr rtal.nrcenr.on�_+rb:\•+�:7av s;1. !`nf•�t; rhassist> Page 1 of 1 DIVISION OF WATER QUALITY;; Chemistry Laboratory Report I Water Quality ' Lab Number v J SAMPDE�YPE2 �O / ! r 7 20 Date Received: r /O of COUNTY hs ` RIVERBASIN: SLY V G Hh4i9 PRIORITY,Time ❑AMBIENT ❑ QA I �. ❑ $1TREAM E FLUENT +, ` Received : Received By : 1� . ( 7 REPORT TO Astlt)Vllle Reg. Office ES�COMPLIANCE ❑ CHAIN OF CUSTODY ttJ ATG)1 E �: = �, Q❑" 7NFI. N _ R ri�ni i r)r7 Other ❑ EMERGENCY VISIT ID ❑ESTUARY "-- =�� Data Released : COLLECTOR(S) : WaIIdB. Frazier - SWPS Date Reported: G _..— Estimated BODRange: 3l�✓>•tCl/K StatioaLocation:��//J/1n1'�•ttj`� Seed: L/ Chlorinated: ✓ �V, R—.rks: V" V j v" / Sample Type Station H/Locatiou Code Dot Begio /mm/dd) to o$ Date (yylm dd) BSI Time Begin t2;oo Time End Depth - DM, DB, DBM Value Type - A, $ L Composite-T, S, B Id m ADO G'�ab ' BOD 310 mg/L COD High 340 mg/L COD Low 335 mg/L Coliform: MF Fecal 31616 /SOOml Coliform; MY Total 31504 /100ml Collform: tube Fecal 31615 Moral Coliform: Fecal Strep 31673 /100m1 Residue: Total 500 mg/L Volatile 505 mg/L Fixed 510 mg/L Residue: Suspended 530 mg/L Volatile 535 mg(L Fused 540 mglL PH 403 - mots Acidity to pH 45 436 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 1100 all COMMENTS: Chloride 940 mg/L Chlorophyll a EPA 445.0 modified option ug/L Color- True 80 C.U. Color: (pH) 83 pH= cu. Color: pH 7.6 82 eu. Cyanide 720 mg/L Fluoride 951 mg/L Formaldehyde 71880 mg/L Grease and Oils 556 mg/L Hardness Total900 mg/L Specific Cond. 95 umbos/cm MBAS 38260 mg/L Pheoob 32730 ug/L Sulfate 945 mg/L Sulfide 745 mg(L Boron Tannin & Lignin ug/L Hexavalent Chromium ug/L Bicarbonate mg/L Carbonate mg/L Total Dissolved Solids mg/L NH3 as N 610 mg/L TKN an N 625 mg/L NOZ plus NO3 as N 630 mg/L P: Total as P 665 mg/L PO4 as P 70507 mg/L P: Dissolved as P 666 mg/L K-Potassium mg/L Cd-Cadmium 1027 ag/L Cr-Chramiam;Tota11034 ug/L Cu- Copper 1042 ug/L Ni-Nickel 1067 ug/L Pb- Lead 1051 ug/L Zu- Zinc 1092 ug/L V-Vanadium ug/L Ag- Silver 1077 ug/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-Molybdenam ug/L Sb-Antimouy ug/L Sn-Tm ug/L TI-Thallium ug/L Ti-Titanium ug/L Hg-1631 ng/L Li -Lithium 1132 uglL Mg- Magnesium 927 mg/L Mn-Manganese 1055 ugfL No- Sodium 929 mg/L Arsenic:Total1002 ug/L Se- Selenium 1147 ug/L Hg- Mercury 71900 ug/L Ba-Barium ug/L -Organochlorine Pesticides Organophospborus Pesticides Orgaaonicrogen Pesticides Acid Herbicides BuselNeutral&Acid Extract Organics TPH Diesel Range Purgeable Organics (VOA bottle req'd) TPH Gasoline Range TPH/BTEX Gasoline Range Phytoplankto0 Temperature on arrival ('C): E {LE COPY 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 May 6, 2010 Mr. Aubrey L. Deaver A & D Water Service Inc. P.O.Box 1407 Pisgah Forest, North Carolina 28768-1407 Subject: NOTICE OF VIOLATION NOV-2010-MV-0048 Permit No. NCO059421 Sapphire Lakes Plant WWTP #1 Transylvania County Dear Mr. Deaver: A review of Sapphire Lakes Plant #1's WWTP monitoring report for December 2009 showed the following violations: Parameter Date Measuring Frequency Violation Total Nitrogen 12/31/2009 Semi -Annually Failure to Monitor Total Phosphorus 12/31/2009 Semi -Annually 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 parameters were left off inadvertently, please send an amended DMR to Raleigh at the address found on the front page of your 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, L— Roger C. Edwards, Regional Supervisor Surface Water Protection Section ct ®WQ Asheville° Files:, DWQ Central Files S:1SWP1Transylvania\Waslewater\Minors\Sapphire Lakes WWTP 91 594211NOV-2010-MV-0048.dac NoAhCarotina Amura!!y North Carolina Division of Water Quality 2090 U.S. Highway 70 . Swannanoa, N.C. 28778 Phone(828)296-4500 Customer Service Internet: www.ncwaterguality.org FAX (828)299-7043 1-877-623-6748 O �z� �R uui.uuuuuuui.uuuuuuuu u■uuuuuuuuweuuwa.uuuuui■uuuuiruur.ufmuuuuisuuuuuuuuui.i���`u�m A & D Water Service, Inc. P. O. Box 1407 Pisgah Forest, NC 28768 Phone (828) 884-9772 Fax (828) 884-8632 NOTICE Annual Performance Re) Wastewater Treatment Sv. f FEB 17 2010 rt WATER QUALITY SECTION �°,,HEVILLE REGIONAL OFFICE On July 20, 1999, the North Carolina General Assembly ratified House Bill 1160the CleanWater Act of 1999, which placed significant new reporting requirements on those entities that own or operate wastewater treatment and collection systems. Specific items included: 1. A Spill Response Plan 2. Sewer Collection System Operation & Maintenance Plan 3. Annual Performance Report These new requirements became effective October 1, 1999. This law was established to provide a mechanism for public oversight (and hopefully, to instill public confidence) in owners and operators of wastewater treatment systems and in their efforts to protect the waters of the state. We are pleased to announce that the Annual Performance Report for your wastewater treatment and sewer line collection system is now available for review. A copy of the report is available to interested persons by contacting the office at (828) 884-9772. A&D Water Services, Inc. is pleased to be a part of this on -going environmental protection effort. Sincerely, Aubrey. ®9 V R D FEB 15 2010 uuuuuiruu�ruuuuir�rui�uw uu�nnruuuui�uui�uuuuuir�rir��iruinnsiri...... minim uuuuuuuuuuuuuuuuuu A & D Water Service, Inc. uir�ruiriru�riquiruiriruuuuu�ruuuiriruuin.�ruuuuuuu��uuuwru�rieuuu�ri�uiruiruiruir�ruuuuuuuuinriruum■ P. O. Box 1407 Pisgah Forest, NC 28768 Phone (828) 884-9772 Fax (828) 884-8632 Annual Wastewater Treatment System Performance Report for Sapphire Lakes Wastewater Treatment System for the Operating Period January thru December - 2009 Preface On July 20, 1999, the North Carolina General Assembly ratified House Bill 1160, the Clean Water Act of 1999, which placed significant new reporting requirements on those entities that own or operate wastewater treatment and collection systems. Specific items included: 1. A Spill Response Plan 2. Sewer Collection System Operation & Maintenance Plan 3. Annual Performance Report These new requirements became effective October 1, 1999. This report is designed to meet the minimum requirements for the Annual Performance Report established by the North Carolina Department of Environment and Natural Resources (DENR) as set forth in their guidance document dated October 19, 1999. This law was established to provide a mechanism for public oversight (and hopefully, to instill public confidence) in owners and operators of wastewater treatment systems and in their efforts to protect the waters of the state. I. General Information Facility/System Name: Responsible Entity: Person(s) in Charge/Contact: Applicable Permits: Sapphire Lakes WWTP 41-1 Transylvania County A&D Water Services, Inc. Aubrey Deaver - Owner Gary Norton - Operator -in -Responsible Charge (ORC) NPDES # NC0059421 NPDES # NC0059439 Description of Treatment Process, Collection System and Facilities Served: Treatment Process - The system operates two (2) treatment facilities: The larger treatment facility (NPDES # NC0059421) is a typical extended aeration process capable of treating 25,000 gallons per day (gpd) with tablet chlorine disinfection. The treated effluent is discharged into the.Horsepasture River, classified Class C waters, in the Savannah River Basin. The smaller treatment facility (NPDES # NC0059439) is a typical surface sand filter capable of treating 4,900 gallons per day (gpd) with tablet chlorine disinfection. The treated effluent is discharged into James Creek, classified Class C waters, in the Savannah River Basin. Collection System - The main collection system is a standard gravity design with 8-inch diameter pipe and pre -cast manholes. The system has one duplex lift station with small diameter force main in service. The system has a Spill Response Plan and an Operation and Maintenance Plan for the collection system. Facilities Served - The larger facility serves most of the developed area. The sand filter unit serves a portion of Fairway Villas only. II. WWTP Performance The WWTP received Notices of Violation for failure to provide continuous monitoring in February and March. The situation was `operator reporting' error and easily corrected. We take pride in our efforts to protect the local environment and the quality of the waters in our streams. M. Notification A letter advising of the availability of this report will be mailed to each resident. A copy of this report is available to interested persons in the offices of: A&D Water Services, Inc. P.O. Box 1407 Pisgah Forest, NC 28768 or by contacting the office at 828-884-9772. As required, three copies of this report is being provided to NC DENR Readers who have questions or desire detailed information are invited to contact Aubrey Deaver at our offices. V. Certification I certify that under penalty of law that this report is complete and accurate to the best of my knowledge. v Aubrey Deaver, Owner Date This report prepared by: Tom Kilpatrick P.O. Box 679 Etowah, NC 28729 Phone: (828) 890-4810 February 7, 2010 Filename: C:\Documents and SettingADEAVER\Desktoffom's Documents\Sapphire Lakes\APR Sapphire Lakes'09.wpd 3 4 NCDENR North Carolina Department of Environment and Natural Resources Beverly Eaves Perdue Governor AUBREY L DEAVER A&D WATER SERVICE INC PO BOX 1407 PISGAH FOREST NC 287681407 Division of Water Quality Coleen H. Sullins Director October 26, 2009 SUBJECT: Payment Acknowledgment Civil Penalty Assessment Sapphire Lakes Plant WWTP #1 Permit Number: NCO059421 Case Number: LM-2009-0021 Transylvania County Dear Mr. Deaver:: Dee Freeman Secretary OCT 2 8 2009 i I VVATER QUALITY SECTION f A5 LL''- «ra'O�IAi_ OF; -ICE I This letter is to acknowledge receipt of check number 5625 in the amount of $265.00 received from you dated April 28, 2009. This payment satisfies in full the above civil assessment levied against the subject facility, and this case has been closed. Payment of this penalty in no way precludes future action by this Division for additional violations of the applicable Statutes, Regulations, or Permits. If you have any questions, please call Bob Guerra at 919-807-6398. cc: Central Files , Q ' he'"'vi'llle�^Region I ®ff ce Supewisor., 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 Phone: 919-807-6300 \ FAX: 91M07-6492 \ Customer Service: 1-877-623-6748 Internet: www.ncwaterqual4.org An Equal Opportunity \ Affirmative Action Employer Nne orthQtrolina Its r_-_.AF — o NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Mr. Aubrey L. Deaver A&D Water Service Inc. P.O. Box 1407 Pisgah Forest, North Carolina 28768-1407 Dear Mr. Deaver: Director July 15, 2009 Subject: NOTICE OF VIOLATION NOV-2009-MV-0106 Permit No. NCO059421 Sapphire Lakes Plant WWTP #1 Transylvania County Secretary A review of Sapphire Lakes Plant WWTP #1's monitoring report for March 2009 showed the following violation: Parameter Date Measuring Frequency Violation Continuous Flow 03/01/2009 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 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, Roger C. Edwards, Regional Supervisor Surface Water Protection Section c &WMa,;As,h�5v�i'I1'ezFil6"s`4 DWQ Central Files G:\WPDATA\DEMWQ\Transylvania\59421 Sapphire Lakes WWTP #1\59421 NOV-2009-MV-0106.doc NorthCarolina Xati rallil North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, N.C. 28778 Phone(828)296-4500 Customer Service Internet: www.ncwaterauality.org FAX (828)299-7043 1-877-623-6748 &jv wC [Kim IN I Kim 0 111111111 Kim IN IN IN 1 MINIM A & D Water Service, Inc. 1■1■I■I■1■1 1■ .......1■I■1■1■IMINIM I■I■1M I■ Ir1■IN] WIN I■ ....1■I■I■I■....Iil.�win INI.I.I.I.[Elm InIMINI.I.�. �. �. �. �. �. �. �.�. In IN I Elm] MINIM P. O. Box 1407 Pisgah Forest, NC 28768 Phone (828) 884-9772 Fax (828) 884-8632 Annual Wastewater Treatment System Performance Report for Sapphire Lakes Wastewater Treatment System for the Operating Period f �, :<.s7,•�a�,, T,e:A , .::: :..;:: _=::Y` January thru December - 200 (a j J U N - 4 2009 l WATER C?UALITY SECTION Preface �ASHEVILLE,REGIONAL OFFICE On July 20, 1999, the North Carolina General Assembly ratified House Bill 1160, the Clean Water Act of 1999, which placed significant new reporting requirements on those entities that own or operate wastewater treatment and collection systems. Specific items included: 1. A Spill Response Plan 2. Sewer Collection System Operation & Maintenance Plan 3. Annual Performance Report These new requirements became effective October 1, 1999. This report is designed to meet the minimum requirements for the Annual Performance Report established by the North Carolina Department of Environment and Natural Resources (DENR) as set forth in their guidance document dated October 19, 1999. This law was established to provide a mechanism for public oversight (and hopefully, to instill public confidence) in owners and operators of wastewater treatment systems and in their efforts to protect the waters of the state. r'=D 11 F7 R"Cwmj MAY 2 9 2009 DENR - VMT ER QUALITY POINT SOURCE BP.ANCH I. General Information Facility/System Name: Responsible Entity: Person(s) in Charge/Contact: Applicable Permits: app�are Lakes i�i/U� ` '`, Transy vane i County A&D Water Services, Inc. Aubrey Deaver - Owner Wesley Royal - Operator -in -Responsible Charge (ORC) NPDE 9N ,�T 00 ONE , NPDES # NC0059439 Description of Treatment Process, Collection System and Facilities Served: Treatment Process - The system operates two (2) treatment facilities: The larger treatment facility (NPDES:# NC0059421) is a typical extended aeration process capable of treating 25,000 gallons per day (gpd) with tablet chlorine disinfection. The treated effluent is discharged into the Horsepasture River, classified Class C waters, in the Savannah River Basin. The smaller treatment facility (NPDES # NC0059439) is a typical surface sand filter capable of treating 4,900 gallons per day (gpd) with tablet chlorine disinfection. The treated effluent is discharged into James Creek, classified Class C waters, in the Savannah River Basin. Collection System - The main collection system is a standard gravity design with 8-inch diameter pipe and pre -cast manholes. The system has one duplex lift station with small diameter force main in service. The system has a Spill Response Plan and an Operation and Maintenance Plan for the collection system. Facilities Served - The larger facility serves most of the developed area. The sand filter unit serves a portion of Fairway Villas only. II. WWTP Performance The WWTP was in compliance with all NPDES permit parameters for the period. We take pride in our efforts to protect the local environment and the quality of the waters in our streams. III. Notification A letter advising of the availability of this report will be mailed to each resident. A copy of this report is available to interested persons in the offices of A&D Water Services, Inc. P.O. Box 1407 Pisgah Forest, NC 28768 or by contacting the office at 828-88479772. 2 As required, three copies, — his report is being provided to NC DENI, Readers who have questions or desire detailed information are invited to contact Aubrey Deaver at our offices. V. Certification I certify that under penalty of law that this report is complete and accurate to the best of my knowledge. Xzrg�eaver, Owner Date/% This report prepared by: Tom Kilpatrick P.O. Box 679 Etowah, NC 28729 Phone: (828) 890-4810 March 16, 2009 1 Filename: CADocuments and Settings\DEAVER\Desktop\Tom's Documents\Sapphire Lakes\APR Sapphire Lakes'08.wpd MCDENR North Carolina Department of Environment and Natural Resources Beverly Eaves Perdue Governor Mr. Aubrey L. Deaver A&D Water Service Inc. P.O. Box 1407 Pisgah Forest, North Carolina 28768-1407 Dear Mr. Deaver: Division of Water Quality Coleen H, Sullins Director April 13, 2009 Subject: NOTICE OF VIOLATION NOV-2009-MV-0035 Permit No. NCO059421 Sapphire Lakes Plant WWTP #1 Transylvania County Dee Freeman Secretary A review of Sapphire Lakes WWTP # 1's monitoring report for November 2008 showed the following violations: Parameter Date Measuring Frequency Violation Dissolved Oxygen 1 1/15/08 Weekly Failure to Monitor Weekly Dissolved Oxygen 1 1/29/08 Weekly Failure to Monitor Weekly Flow, in conduit or thru treatment plant 1 1/29/08 Continuous Failure to Monitor Continuous Flow Flow, in conduit or thru treatment plant 1 1/30/08 Continuous Failure to Monitor Continuous Flow 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 or me at 828/296-4500. Sincerely, Roger 0C. Edwards, Regional Supervisor Surface Water Protection Section e; _ IDWQ=Asheval}`'{'e�Fi+el'sl DWQ Central Files G:\WPDATA\DEMWQ\Transylvania\59421 Sapphire Lakes WWTP #1\59421 NOV-2009-MV-0035.doc NorthCarolina Aaicrra!!y North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, N.C. 28778 Phone(828)296-4500 Customer Service Internet: www.ncwaterguality.org FAX (828)299-7043 1-877-623-6748 A, L-_�TFILE COPY MCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary April 28, 2009 --C- -ERTIFIED-MAIL- RETURN RECEIPT REQUESTED Mr. Aubrey L. Deaver A&D Water Service Inc. P.O. Box 1407 Pisgah Forest, North Carolina 287681407 SUBJECT: Notice of Violation and Assessmej for Violations of North Carolina G and NPDES Permit NCO059421 A&D Water Service Inc Sapphire Lakes Plant WWTP #1 Case No. LM-2009-0021 Transylvania County 7007 1490 0004 0713 9394 oill�o� ��� �— �� ca Dear Mr. Deaver: Low �! o a -3 N IU - y aThis letter transmits a Notice of Violation and assessmf m ��o0c($200.00 civil penalty + $65.00 enforcement costs) aga .z cu , _ - O O C —_ la C .N Y - This assessment is based upon the following facts: a re` r M o monitoring report (DMR) submitted by A&D Water Se' a, N o zE �T - This review has shown the subject facility to be in viol, a . > 2 3 0 2_ monitoring requirements found in NPDES Permit NCO( 0 QT a)off, w = v December 2008 are summarized in Attachment A to thi 8 -0, o °1 Q V! N-RI D W W O O0 — Based upon the above facts, I conclude as a matter of la C6 � W m > U MtN =_ o the terms, conditions or requirements of NPDES Permii ro a) CO �' o � x z the manner and extent shown in Attachment A. In acca N ! 0) Cn m N -- �? Co W = G.S. 143-215.6A(a)(2), a civil penalty may be assessed E � W ro� w w v conditions or requirements of a permit required by G.S. D _ �l Z ' a o Based upon the above findings of fact and conclusions i arid' L o a provided by the Secretary of the Department of Enviror oV U, m — D Director of the Division of Water Quality, I, Roger C. E ■ ■ Q a a a = Regional Supervisor for the Asheville Region, hereby make the following civil penalty assessment against A&D Water Service Inc.: URFACE WATER PROTECTION - ASHEVILLE REGIONAL OFFICE Location: 2090 U.S. Highway 70, Swannanoa, INC 28778 Phone: (828) 296-45001FAX: 828 29970431Customer Service: 1-877-623-6748 Internet: www.ncwaterguality.org Er m E M r a N O Lo 0 a C 7 N E 0 0 0 0 N L, CU U- 00 CQ LL a NonhCarolina Nahauiiy I of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No. $100.00 NC0059421, by discharging waste water into the waters of the State in violation of the Permit Daily Maximum limit for FEC COLT. $50.00 For 2 of the 2 failures to properly monitor DO in violation of NPDES Permit No. NC0059421. For 2 of the 2 failures to properly monitor 'Total Nitrogen & Total $50.00 Phosphorus semi-annually in violation of NPDES Permit No. NC0059421. $65.00 $265.00 - TOTAL CIVIL PENALTY Enforcement Costs TOTAL AMOUNT DUE Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 143B- 282. 1 (b), which are: (1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation; (2) The duration and gravity of the violation; (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; (6) a Whether the violation was committed willfully or intentionally; (7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and (8) The cost to the State of the enforcement procedures. Within thirty days of receipt of this notice, you must do one of the following: Submit payment of the penalty: Payment should be made directly to the order of the Department of Environment and Natural Resources (do not include waiver form). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). Please submit payment to the attention of. Point Source Compliance/Enforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 M 2. Submit a written request for remission or mitigation including a detailed justification for such request: Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty t a 'assessment document.. Bec----. a remission request forecloses the oN,.-.i of an administrative hearing, such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation and agreement that no factual or legal issues are in dispute. Please prepare a detailed statement that establishes why you believe the civil penalty should be remitted, and submit it to the Division of Water Quality at the address listed below. In determining whether a remission request will be approved, the following factors shall be considered: (1) whether one or more of the civil penalty assessment factors in NCGS 14313-282.1(b) was wrongfully applied to the detriment of the petitioner; (2) whether the violator promptly abated continuing environmental damage resulting from - ---(3) -- -- whether the violation was inadvertent or a result of an accident; -- - (4) whether the violator had been assessed civil penalties for any previous violations; or (5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Please note that all evidence presented in support of your request for remission must be submitted in writing. The Director of the Division of the Division of Water Quality will review your evidence and inform you of his decision in the matter of your remission request. The response will provide details regarding the case status, directions for payment, and provision for further appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty Remissions (Committee). Please be advised that the Committee cannot consider information that was not part of the original remission request considered by the Director. Therefore, it is very important that you prepare a complete and thorough statement in support of your request for remission. In order to request remission, you must complete and submit the enclosed "Request for Remission of Civil Penalties, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form within thirty (30) days of receipt of this notice. The Division of Water Quality also requests that you complete and submit the enclosed "Justification for Remission Request." Both forms should be submitted to the following address: Point Source Compliance/Enforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 OR r 3. File a petition for an administrative hearing with the Office of Administrative Hearings: If you wish to contest any statement in the attached assessment document you must file a petition for an administrative hearing. You may obtain the petition form from the Office of Administrative Hearings. You must file the petition with the Office of Administrative Hearings within thirty (30) days of receipt of this notice. A petition is considered filed when it is received in the Office of Administrative Hearings during normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for official state holidays. The original and one (1) copy of the petition must be filed with the Office of Administrative Hearings. The petition may be faxed - provided the original and one copy of the _-- --__ document is received in_the Office of Administrative Hearings within five (5) business days following the faxed transmission. The mailing address for the Office of Administrative Hearings is: Office of Administrative Hearings 6714 Mail Service Center Raleigh, North Carolina 27699-6714 Telephone (919) 733-2698 Facsimile: (919) 733-3478 and Mail or hand -deliver a copy of the petition to General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh, North Carolina 27699-1601 Please indicate the case number (as found on page one of this letter) on the petition. Failure to exercise one of the options above within thirty (30) days of receipt of this letter, as evidenced by an internal date/time received stamp (not a postmark), will result in this matter being referred to the Attorney General's Office for collection of the penalty through a civil action. Please be advised that additional penalties may be assessed for violations that occur after the review period of this assessment. If you have any questions, please contact Janet Cantwell of the Water Quality staff of the Asheville Regional Office at 828-296-4500. Sincerely, Roger C. Edwards, Regional Supervisor Surface Water Protection Section Asheville Regional Office ATTACHMENTS atlaehm�nts:,_,- DWQ Central Files w/ attachmenfs` ` -- Bob Guerra/ D vvrQ Enforcement Files w/ att rats G:\WPDATA\DEMWQ\Transylvania\59421 Sapphire Lakes WWTP #1\59421 LM-2009-0021.doe .IUS' -- -CATION 1F'OR REMISSION REQ—_.3T DWQ Case Number: L M-2009-0021 County: Transylvania Assessed Party: A & D Water Service Inc./ Sapphire Lakes I Permit No.: NC0059421 Amount Assessed: $265.00 Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form to request remission of this civil penalty. You should attach any documents that you believe foi-th- -D ec i toconsider in evaluating your request or - - remission. --Please be aware -that a request for remission is limited to consideration of the five factors - listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 14313-282. 1 (c), remission of a civil penalty may be granted only when one or more of the following five factors applies. Please check each factor that you believe applies to your case and provide a detailed explanation, including copies of supporting documents, as to why the factor applies (attach additional pages as needed). (a) one or more of the civil penalty assessment factors in N.C.G.S. 14313-282. 1 (b) were wrongfully applied to the detriment of the petitioner (the assessment factors are. listed in the civil penalty assessment document); (b) the violator promptly abated continuing environmental damage resulting from the violation (i.e., explain the steps that you took to correct the violation and prevent future occurrences); (c) the violation was inadvertent or a result of an accident (i.e., explain why the violation was unavoidable or something you could not prevent or prepare for); (d) the violator had not been assessed civil penalties for any previous violations; (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions (i. e., explain how payment of the civil penalty will prevent you from performing the activities necessary to achieve compliance). EXPLANATION: STATE OF NORTH CAROL..... DEPARTN_. T OF ENVIRONMENT w AND NATURAL RESOURCES COUNTY OF TRANSYLVANIA IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND STIPULATION OF FACTS A & D WATER SERVICE INC/ ) SAPPHIRE LAKES I WWTP ) PERMIT NO. NCO059421} PILL IN . M-209=D021 Having been assessed civil penalties totaling $265.00 for violation(s) as set forth in the assessment document of the Division of Water Quality dated April 28, 2009, the undersigned, desiring to seek remission of the civil penalty, does hereby waive the right to an administrative hearing in the above -stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the director of the Division of Water Quality within thirty (30) days of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after (30) days from the receipt of the notice of assessment. This the day of , 20 SIGNATURE ADDRESS TELEPHONE ATTACHMENT A i j A&D Water Service Inc CASE NUMBER: LM-2009-0021 i PERMIT: NCO059421 FACILITY: Sapphire Lakes Plant WWTP #1 COUNTY: Transylvania REGION: Asheville Limit Violations MONITORING OUTFALLI VIOLATION UNIT OF CALCULATED % OVER PENALTY REPORT PPI LOCATION PARAMETER DATE FREQUENCY MEASURE LIMIT VALUE LIMIT VIOLATION TYPE $100.00 12-2008 001 Effluent FEC COLI 12/11/08 Weekly #/loom[ 400 600 1 50.00 Daily Maximum Exceeded Monitoring Violations i MONITORING OUTFALLI VIOLATION UNIT OF CALCULATED / OVER PENALTY REPORT PPI LOCATION PARAMETER DATE FREQUENCY MEASURE LIMIT VALUE LIMIT VIOLATION TYPE $25.00 12-2008 001 Effluent DO 12/13/08 Weekly mg/1 Frequency Violation $25.00 12-2008 001 Effluent DO 12/27/08 Weekly mg/I Frequency Violation $25.00 12-2008 001 Effluent PHOS-TOT 12/31/08 Semi-annually mg/I Frequency Violation $25.00 12-2008 001 Effluent TOTAL N 12/31/08 Semi-annually mg/I Frequency Violation Facility Status: (Please check one of the following) Ail monitoring data and sampling frequencies meet permit requirements Ej Compliant All monitoring data and sampling frequencies do NOT meet permit requirements .f..% Noncompliant If the facility is noncompliant, please comment on corrective actions being taken in respect to equipment, operation, maintenance, etc.. and a time -table for improvements to be made. } 4 -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." Sapphire Lakes I _ ,Permitt or type)1IBlOC) :7-p----- A VOV- a i"fi'ggfi L'6 Inc. P . 0 . BAM%V7 Sign � e of Permittee** Date Pisgah Forest, NC 28768 (Required) Permittee Address Phone Number Permit Exp. Date 828-884-9772 PARAMETER CODES 00010 Temperature 00556 Oil & Grease 00951 Total Fluoride 01067 Nickel 50060 Total 00076 Turbidity 00600 Total Nitrogen 01002 Total Arsenic 01077 Silver Residual 00080 Color (Pt -Co) 00610 Ammonia Nitrogen 01092 Zinc Chlorine 00082 Color (ADMI) 00625 Total Kjeldhal 01027 Cadmium 01105 Aluminum Nitrogen 00095 Conductivity 00630 Nitrates/Nitrites 01032 Hexavalent Chromium 01147 Total Selenium 71880 Formaldehyde 00300 Dissolved Oxygen 01034 Chromium 31616 Fecal Coliform 71900 Mercury 00310 BOD5 00665 Total Phosphorous 32730 Total Phenolics 81551 Xylene 00340 COD 00720 Cyanide 01037 Total Cobalt 34235 Benzene 00400 pH 00745 Total Sulfide 01042 Copper 34481 Toluene 00530 Total Suspended 00927 Total Magnesium 01045 Iron 38260 MBAS Residue 00929 Total Sodium 01051 Lead 39516 PCBs 00545 Settleable Matter 00940 Total Chloride 01062 Molybdenum 50050 Flow Parameter Code assistance may obtained by calling the Point Source Compliance/Enforcement Unit at (919) 733-5083 or by visiting the Water Quality Section's web site at h2o.enr.state.nc.us/wqs and linking to the Unit's information pages. Use only units designated in the reporting facility's permit for reporting data. f ORC must visit facility and document visitation of facility as required per 15A NCAC 8G .0204. "* If signed by other than the permittee, delegation of signatory authority must be on file with the state per 15A NCAC 2B .0506 (b) (2) (D). DIVISION OF WA I �ri QUALITY - CIVIL PENALTY ASSr;33iVIENT (FILE) Violator: A&D Water Service Inc/ Sapphire Lakes. I/ NCO059421 County: Transylvania Case Number: LM-2009-0021 ASSESSMENT FACTORS As required by G.S. 143-214.6A(c), in determining the amount of the penalty I considered the factors set out in G.S. 143B-282.1(b), which are: 1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation; All effluent violations are detrimental to the receiving stream. 2) The duration and gravity of the violation; One Daily Maximum Fecal Coliform exceeded permit limits by 50.00 %. There were two Failures to Monitor Dissolved Oxygen weekly. Total Nitrogen and Total Phosphorus were not monitored semi-annually during the last half of 2008. 3) The effect on ground or surface water quantity or quality or on air quality; All effluent violations are detrimental to the receiving stream. 4) The cost of rectifying the damage; It is unknown. 5) The amount of money saved by noncompliance; The amount of money saved by noncompliance would include the cost of doing the sampling. 6) Whether the violation was committed willfully or intentionally; It does not appear to be either. 7) . The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and There have been no enforcements in the past year. 8) The cost to the State of the enforcement procedures. $65.00. Date Roge C. Edwards, Regional Supervisor Surface Water Protection Section Asheville Regional Office _ � C lea tl f�'Y p y,{��'iipg,�� t. , .. P.� �7 "�'�i ®EPA V North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Mr. Aubrey L. Deave_r A&D Water Service Inc. P.O. Box 1407 Pisgah Forest, North Carolina 28768-1407 Dear Mr. Deaver: Director Secretary April 28, 2009 Subject: NOTICE OF VIOLATION NOV-2009-MV-0079 Permit No. NCO059421 Sapphire Lakes Plant WWTP #1 Transylvania County A review of Sapphire Lakes Plant WWTP #1's monitoring report for February 2009 showed the following violation: Parameter Date Measuring Frequency Violation Continuous Flow 02/01/2009 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 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 or me at 828/296-4500. Sincerely, Roger C. Edwards, Regional Supervisor Surface Water Protection Section Taff — DWQ Central Files G:\WPDATA\DEMWQ\Transylvania\59421 Sapphire Lakes WWTP #1\59421 NOV-2009-MV-0079.doc North Carolina 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 CERTIFIED MAIL 7007 0710 0000 5376 7655 RETURN RECEIPT REQUESTED A & D Water Service Mr. Aubrey L. Deaver PO Box 1407 Pisgah Forest, NC 28768-1407 Dear Mr. Deaver: 9&) / s_VLX Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Coleen H. Sullins, Director Division of Water Quality ,:..cA':C•�Fr'lG:::: i:�::in'�:'i:v ^': '. .:+•. .::�„l.vL 11�✓'s'.w.T`4:•'•y�,�.(�'fl- " � � . cS4'r':..: �°rY4id'�ractes sn."'3"'ax:e.:..s.' •• f October 22, 2008 .,,. �.., . =r::r` � is .�y.�v OCT 23 2008 ION 0 Subject: NOTICE OF VIOLATION - NOV- 2008- LR- 0070 Sapphire Lakes Plant #1 WWTP — NCO059421 Transylvania County This is to inform you that the Division of Water Quality has not received your monthly monitoring report for August 2008 after the required reporting date. This is in violation of Part II, Condition D(2) of the NPDES permit, as well as 15A NCAC 2B .506(a), which requires the submittal of Discharge Monitoring Reports (DMR) no later than the thirtieth (301h) day following the reporting period. Failure to submit reports as required will subject the violator to the assessment of a civil penalty of up to $25,000 per violation. You will be considered noncompliant with the self -monitoring requirements of your NPDES permit until the report has been submitted. Please submit the April 2008 DMR report within 15 days of receipt of this notice if you have not yet submitted it. To prevent further action, please submit future monthly reports within the above -mentioned timeframe to avoid further enforcement actions. You are also required to notify the Division each time mailing or phone numbers are changed which relate to your NPDES permit. The Division must take these steps because timely submittal of discharge monitoring reports is essential to the efficient operation of our water quality programs. We appreciate your assistance in this matter. If you have any questions about this letter or Discharge Monitoring Reports, please contact me at 919-807-6387. Sincerely, Bob Guerra Western Region NPDES Unit cc: ARO - Surface Water Protection Supervisor. Enforcement file Central Files NorthCarolina Naturally North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone (919) 807-6300 Customer Service 9P Internet: www.ncwatcrquality.om Location: 512 N. Salisbury St. Raleigh, NC 27604 Fax (919) 807-6492 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer —50%Recycled/10% Post Consumer Paper f■f■f■f■irfrf■i■frfnmuufrufrf■un fiifbi■ufii■uuufn■fnrufef■ufn■ufcf■f■f■f■f■in■i ■fm■fn■f■uufrfnn■f■uffm■fn■afro A & ® dater Service, Inc. f■uf■uuuuuuuuufrf■unf■uuui■uuuuf■uf■f■fruuuuf■fn■uufrfrm P. O. Box 1407 Pisgah Forest, NC 28768 Phone (828) 884-9772euuf>orf■mf■f■f■uuuf■uuf■nifef■frf■f■f■f■uuf■uf■f■frf■ Fax (828) 884-8632 Annual Wastewater Treatment System Performance Report for Sapphire Lakes Wastewater Treatment System for the Operating Period January thru December ® 2007 Preface On July 20, 1999, the North Carolina General Assembly ratified House Bill 11b0, the Clean Water Act of 1999, which placed significant new reporting requirements on those entities that own. or operate wastewater treatment and collection systems. Specific items included: 1, A Spill Response Plan 2. Sewer Collection System Operation & Maintenance Plan 3. Annual Performance Report These new requirements became effective October 1, 1999. This report is designed to meet the minimum requirements for the Annual Performance Report established by the North Carolina Department of Environment and Natural Resources (DENR) as set forth in their guidance document dated October 19, 1999. This law was established to provide a mechanism for public oversight (and hopefully, to instill public confidence) in owners and operators of wastewater treatment systems and in their efforts to protect the waters of the state. I. General Information Facility/System Name: Responsible Entity: Person(s) in Charge/Contact: Applicable Permits Sapphire Lakes WWTP Transylvania County A&D Water Services, Inc. Aubrey Deaver - Owner Wesley Royal - Operator -in -Responsible Charge (ORC) NPDES # NCO059421 NPDES # NCO059439 Description of Treatment Process, Collection System and Facilities Served: Treatment Process - The system operates two (2) treatment facilities: The larger treatment facility (NPDES it NC0059421) is a typical extended aeration process capable of treating 25,000 gallons per day (gpd) with tablet chlorine disinfection. The treated effluent is discharged into the Horsepasture River, classified Class C waters, in the Savannah River Basin. The smaller treatment facility (NPDES # NC0059439) is a typical surface sand filter capable of treating 4,900 gallons per day (gpd) with tablet chlorine disinfection. The treated effluent is discharged into James Creek, classified Class C waters, in the Savannah River Basin. Collection System - The main collection system is a standard gravity design with 8-inch diameter pipe and pre -cast manholes. The system has one duplex lift station with small diameter force main in service. The system has a Spill Response Plan and an Operation and Maintenance Plan for the collection system. Facilities Served - The larger facility serves most of the developed area. The sand filter unit serves a portion of Fairway Villas only. H. WWTP Performance The WWTP received Notices of Violation for the following NPDES permit violations for 2007: Parameter Date Limit Type Fecal Coliform Jan.,Feb., Mar., Apr., May, Jul., Aug., Exceeded daily max. The system paid $2,223.95 in penalties for the violations in 2007. We have taken appropriate actions to correct these compliance issues. The system has returned to "Compliant" status. We take pride in our efforts to protect the local environment and the quality of the waters in our streams. III. Notification A letter advising of the availability of this report will be mailed to each resident. A copy of this report is available to interested persons in the offices of A&D Water Services, Inc. P.O. Box 1401 Pisgah Forest, NC 28768 or by contacting the office at 828-884-9772. As required, three copies of this report is being provided to NC DENR Readers who have questions or desire detailed information are invited to contact Aubrey Deaver at our offices. V. Certification I certify that under penalty of law that this report is complete and accurate to the best of my knowledge. L (� L eaver, Owner Date This report prepared by: Tom Kilpatrick P.O. Box 679 Etowah, NC 28729 Phone: (828) 890-4810 February 1, 2008 Filename: CADocuments and Settings\DEAVER\Desktop\Tom's Documents\Sapphire Lakes\APR Sapphire Lakes '07.wpd Michael F. Easley, Gove*e William G. Ross Jr., Secretary North Carolina Departmi _ Environment and Natural Resources Coleen H. Sullins, Director ' Division of Water Quality -November 21, 2007 AUBREY L DEAVER A&D WATER SERVICE INC PO BOX 1407 PISGAH FOREST NC 287681407 SUBJECT: Payment Acknowledgment Civil penalty Assessment Sapphire Lakes Plant WWTP #1 Permit Number: NCO059421 Case Number: LV-2007-0407 Transylvania County Dear Ms Deaver: This letter is to acknowledge receipt of check number 5250 in the amount of $270.09 received from you dated November 15, 2007. This payment satisfies in full the above civil assessment levied against the subject facility, and this case has been closed Payment of this penalty in noway precludes future action by this Division for additional violations of the applicable Statutes, Regulations, or Permits.. If you have -any questions, please call Bob Guerra at 919-733-5083, Ext. 539. cc: Enforcement File #: LV-2007-0407 M%W :Asheville a-oonal Office Supervisor Central Files Sincerely, +A_Q� Dina. Sprinkle !i NOV 2 8 2007 D: WATER QUALITY SECTION ASKEVILLE REGIONAL OFFICE No Carolina Vatura!!y 1617 Mail Service Center Raleigh, NC 27699-1617 (919) 733-7015 Customer Service 1 800 623-7748 A & DWATER' SERVICE, IIVC PA BOX 1407 66 1167/531 ,. �FISGAH.FOREST;`NC'287,68 _ . . ..' 5 2007 �. 1 ORDER OF Point Source Compliance/Enforance Unit o`.. **270 00 m, . , ************** **+*,k ,r*****+*********r********ter*******-A DOLLARS m. *********r**************e****** Two', Hundred Seventy and 00/100 Point Source Compliance/Enforcement Unit . 8' Divisionof Water;.Quality 1617 Mail Service Center Raleigh, NC 27699-1617 MEMO NC0059421 Sappfiire Lakes WWTP NATURE 112005 r v-�/ / t u Michael F. Easley, Govemor 1 William G. Ross Jr., Secretary North Carolina Departmei=nvironment and Natural Resources Coleen H. Sullins, Director ' Division of Water Quality November 21, 2007 AUBREY L DEAVER A&D WATER SERVICE INC PO BOX 1407 PISGAH FOREST NC 287681407 SUBJECT: Payment Acknowledgment Civil penalty Assessment Sapphire Lakes Plant W vrR #1 Permit Number: NCO059421 Case Number: LV-2007-0414 Transylvania County Dear Ms Deaver: This letter is to acknowledge receipt of check number 5251 in the amount of $920.00 received from you dated November 16, 2007. This payment satisfies in full the above civil assessment levied against the subject facility, and this case has been closed. Payment of this penalty in no way precludes future action by this Division for additional violations of the applicable Statutes, Regulations, or Permits. If you have any questions, please call Bob Guerra at 919-733-5083, Ext. 529. Sincerely, za�-,/� Dina Sprinkle cc: Enforcement File #: LV-2007-0414 ' DWQ-Asheville Regional Office Supervisor Central Files D E U E NOV 2 8 2007 WATER QUALITY SECTION ASHEVILLE REGIONAL OFFICE Dio Carolina �1lCll��lf 1617 Mal Service Center Raleigh, NC 27699-1617 (919) 733-7015 Customer Service 1 800 623-7748 E3FILE COPY Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Coleen H. Sullins, Director Division of Water Quality Asheville Regional Office SURFACE WATER PROTECTION SECTION November 13, 2007 CERTIFIED MAIL _ RETURN RECEIPT REQUESTED 7006 3450 0002 7064 1786 Mr. Aubrey L. Deaver A&D Water Service Inc. PO Box 1407 Pisgah Forest, NC 28768 -1407 SUBJECT: Notice of Violation and Assessment of Civil Penalty for Violations of North Carolina General Statute (G.S.) 143-215.1(a)(6) and NPDES Permit NCO059421 A&D Water Service Inc. Sapphire Lakes Plant WWTP #1 Case No. LV-2007-0414 Transylvania County Dear Mr. Deaver: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $920.00 ($850.00 civil penalty + $70.00 enforcement costs) against A&D Water Service Inc. This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report (DMR) submitted by A&D Water Service Inc. for the month of July 2007. This review has shown the subject facility, to be in violation of the discharge limitations and/or monitoring requirements found in NPDES Permit NC0059421. The violations which occurred in July 2007 are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that A&D Water Service Inc. violated the terms, conditions or requirements of NPDES Permit NCO059421 and G.S. 143-215.1(a)(6) in the manner and extent shown in Attachment A. In accordance with the maximums established by G.S. 143-215.6A(a)(2), a civil penalty may be assessed against any person who violates the terms, conditions or requirements of a permit required by G.S. 143-215.1(a). Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Quality, I, Roger C. Edwards, Division of Water Quality Regional Supervisor for the Asheville Region, hereby make the following civil penalty assessment against A&D Water Service Inc.: No thCarolina �aiurally North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, NC 28778 Phone (828) 296-4500 Customer Service Internet: www-.nc.waterouality.org FAX (828) 299-7043 1- 800 623-7748 1 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Perm 100.00 NC0059421, by discharging waste water into the waters of the State violation of the Permit Daily Maximum limit for BIOCHEMICAL OXYGEN DEMAND. 1 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No. 250.00 NC0059421, by discharging waste water into the waters of the State in violation of the Permit Monthly Geometric Mean limit for FEC COLIFORM. 5 of the 5 violations of G.S. 143-215.1(a)(6) and NPDES Permit No. 500.00 NC0059421, by discharging waste water into the waters of the State in violation of the Permit Daily Maximum limit for FEC COLIFORM. 850.00 TOTAL CIVIL PENALTY $70.00 Enforcement Costs $920.00 TOTAL AMOUNT DUE Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 14313- 282.1(b), which are: (1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation; (2) The duration and gravity of the violation; (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; (6) Whether the violation was committed willfully or intentionally; (7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and (8) The cost to the State of the enforcement procedures. Within thirty days of receipt of this notice, you must do one of the following: ment of the penalty: be made directly to the order of the Department of Environment and Natural iot include waiver form). Payment of the penalty will not foreclose further ion for any continuing or new violation(s). Please submit payment to the Point Source Compliance / Enforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699 -1617 OR 2. Submit a written request for remission or mitigation including a detailed justification for such request: Please be aware that a request for remission is limited to consideration of the five factors listed below as. they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Because a remission request forecloses the option of an administrative hearing, such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation and agreement that no factual or legal issues are in dispute. Please prepare a detailed statement that establishes why you believe the civil penalty should be remitted, and submit it to the Division of Water Quality at the address listed below. In determining whether a remission request will be approved, the following factors shall be considered: (1) whether one or more of the civil penalty assessment factors in NCGS 14313-282.1(b) was wrongfully applied to the detriment of the petitioner; (2) whether the violator promptly abated continuing environmental damage resulting from the violation; (3) whether the violation was inadvertent or a result of an accident; (4) whether the violator had been assessed civil penalties for any previous violations; or (5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Please note that all evidence presented in support of your request for remission must be submitted in writing. The Director of the Division of the Division of Water Quality will review your evidence and inform you of his decision in the matter of your remission request. The response will provide details regarding the case status, directions for payment, and provision for further appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty Remissions (Committee). Please ,be advised that the Committee cannot consider information that was not part of the original remission request considered by the Director. Therefore, it is very important that you prepare a complete and thorough statement in support of your request for remission. In order to request remission, you must complete and submit the enclosed "Req Remission of Civil Penalties, Waiver of Right to an Administrative Hearing, and Stipulate Facts" form within thirty (30) days of receipt of this notice. The Division of Water Quality al requests that you complete and submit the enclosed "Justification for Remission Request." Both forms should be submitted to the following address: Point Source Compliance / Enforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699 -1617 •; 3. File a petition for an administrative hearing with the Office of Administrative Hearings: If you wish to contest any statement in the attached assessment document you must file a petition for an administrative hearing. You may obtain the petition form from the Office of Administrative Hearings. You must file the petition with the Office of Administrative Hearings within thirty. (30) days of receipt of this notice. A petition is considered filed when it is received in the Office of Administrative Hearings during normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for official state holidays. The original and one (1) copy of the petition must be filed with the Office of Administrative Hearings. The petition may be faxed - provided the original and one copy of the document is received in the Office of Administrative Hearings within five (5) business days following the faxed transmission. The mailing address for the Office of Administrative Hearings is: and Office of Administrative Hearings 6714 Mail Service Center Raleigh, North Carolina 27699 - 6714 Telephone (919.) 733-2698 Facsimile (919) 733-3478 Mail or hand -deliver a copy of the petition to General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh, North Carolina 27699 -1601 Please indicate the case number (as found on page one of this letter) on the petition. Failure to exercise one of the options above within thirty (30) days of receipt of this letter, as evidenced by an internal date/time received stamp (not a postmark), will result in this matter being referred to the Attorney General's Office for collection of the penalty through a civil action. Please be advised that additional penalties may be assessed for violations that occur after the review period of this assessment. astions, please contact me or Wanda Frazier of the Water Quality staff of the Office at 828-296-4500. Sincerely, D Roger C. Edwards, Regional Supervisor Surface Water Protection Section Asheville Regional Office ATTACHMENTS cc: Bob Guerra, Western NPDES Compliance Enforcement Re11rrrgioE.ne-il Supervisor w/ attachments dI Central Files w/ attachments JJ DWQ Case Number Assessed Party: Permit No.: JUSTIFICATION FOR REMISSION REQUEST LV-2007-0414 A&D Water Service Inc. NC0059421 Count Amount Assessea: ;�ydu.uu Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of Facts"form to request remission of this civil penalty. You should attach any documents that you believe support your request and are necessary for the Director to consider in evaluating your request for remission. Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 143B-282.1(c), remission of a civil penalty may be granted only when one or more of the following five factors applies. Please check each factor that you believe applies to your case and provide a detailed explanation, including copies of supporting documents, as to why the factor applies (attach additional pages as needed). (a) one or more of the civil penalty assessment factors in N.C.G.S. 14313-282.1(b) were wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil penalty assessment document); (b) the violator promptly abated continuing environmental damage resulting from the violation (i.e., explain the steps that you took to correct the violation and prevent future occurrences); (c) the violation was inadvertent or a result of an accident (i.e., explain why the violation was unavoidable or something you could not prevent or prepare for); (d) the violator had not been assessed civil penalties for any previous violations; (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions (i.e., explain how payment of the civil penalty will prevent you from performing the activities necessary to achieve compliance). EXPLANATION: NORTH CAROLINA NTY OF TRANSYLVANIA IN THE MATTER OF ASSESSMENT OF CIVIL PENALTIES AGAINST A&D WATER SERVICE INC. PERMIT NO. NC0059421 DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES WAIVER OF RIGHT TO AN ADMINSTRATIVE HEARING AND STIPULATION OF FACTS FILE NO. LV-2007-0414 Having been assessed civil penalties totaling $920.00 for violation(s) as set forth in the assessment document of the Division of Water Quality dated November 13, 2007, the undersigned, desiring to seek remission of the civil penalty, does hereby waive the right to an administrative hearing in the above -stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the director of the Division of Water Quality within thirty (30) days of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after (30) days from the receipt of the notice of assessment. This the day of , 20 SIGNATURE ADDRESS TELEPHONE ATTACHMENT A A&D Water Service Inc CASE NUMBER:,LV-2007-0414 PERMIT: NC0059421' FACILITY: Sapphire Lakes Plant WWTP #1 COUNTY: Transylvania REGION: Asheville Limit Violations MONITORING OUTFALL/ VIOLATION UNIT OF CALCULATED % OVER PENALTY REPORT PPI LOCATION PARAMETER DATE FREQUENCY MEASURE LIMIT VALUE LIMIT VIOLATION TYPE $100.00 7-2007 001 Effluent BOD 07/10/07 Weekly mg/I 45 74 64.44 Daily Maximum Exceeded $100.00 7-2007 001 Effluent FEC COLI 07/03/07 Weekly #/100ml 400 600 50.00 Daily Maximum Exceeded $100.00 7-2007 001 Effluent FEC COLI 07/10/07 Weekly #/100ml 400 600 50.00 Daily Maximum Exceeded $100.00 7-2007 001 Effluent FEC COLI 07/17/07 Weekly #/100ml 400 1.200 200.00 Daily Maximum Exceeded $100.00 7-2007 001 Effluent FEC COLI 07/19/07 Weekly #/100ml 400 6,000 1,400.00 Daily Maximum Exceeded $100.00 7-2007 001 Effluent FEC COLI 07/26/07 Weekly #/100ml 400 5.950 1,387.50 Daily Maximum Exceeded $250.00 7-2007 001 Effluent FEC COLI 07/31/07 Weekly #/100ml 200 732.3 266.15 Monthly Geometric Mean Exceeded DIVISION OF WATER QUALITY - CIVIL PENALTY ASSESSMENT (FILE) A&D Water Service Inc Transylvania Case Number: LV-2007-0414 ASSESSMENT FACTORS As required by G.S. 143-214.6A(c), in determining the amount of the penalty I considered the factors set out in G.S. 143B-282.1(b), which are: 1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation; Five of the facility's daily maximum fecal coliform values exceeded the permit limitations by 50%, 50%, 200%, 1400% & 1388% in July 2007. The fecal monthly geometric mean value exceeded the permit limit by 266%. The daily maximum BOD value exceeded the permit limit by 64%. 2) The duration and gravity of the violation; High concentrations of fecal coliform, which occurred on July 3Id, loth, 171h, 19th & 26ch caused the facility to violate the monthly geometric mean limitation of 200 colonies per 100 ml. A high concentration of BOD, which occurred on July 10th, did NOT cause the facility to violate the monthly average limitation of 30 mg/I. 3) The effect on ground or surface water quantity or quality or on air quality; Damage to the receiving stream was not quantified. 4) The cost of rectifying the damage; The cost of rectifying the damage is unknown. 5) The amount of money saved by noncompliance; The amount of money saved by noncompliance is the cost of operational adjustments and / or chemicals. 6) Whether the violation was committed willfully or intentionally; The violation does not appear to be willful or intentional. 7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and � ring the previous 12 months (review period 7/06 through 6/07), the facility was issued 3 NOVs and 3 LV case assessments for permit limit violations for fecal coliform, TSS & failure to calibrate the flow meter annually. 8) The cost to the State of the enforcement procedures. $70.00 !lh 3 D e R g C. Edwards, Regional Supervisor Surface Water Protection Asheville Regional Office Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources 7 l Coleen H. Sullins, Director Division of Water Quality L,L v011 Asheville Regional Office SURFACE WATER PROTECTION SECTION November 7, 2007 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7006 3450 0002 7064 1441 Mr. Aubrey L. Deaver A&D Water Service Inc. PO Box 1407 Pisgah Forest, NC 28768 -1407 SUBJECT: Notice of Violation and Assessment of Civil Penalty for Violations of North Carolina General Statute (G.S.) 143-215.1(a)(6) and NPDES Permit NCO059421 A&D Water Service Inc. Sapphire Lakes Plant WWTP #1 Case No. LV-2007-0407 Transylvania County Dear Mr. Deaver: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $270.00 ($200.00 civil penalty + $70.00 enforcement costs) against A&D Water Service Inc. This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report (DMR) submitted by A&D Water Service Inc. for the month of May 2007. This review has shown the subject facility to be in violation of the discharge limitations and/or monitoring requirements found in NPDES Permit NC0059421. The violations which occurred in May 2007 are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that A&D Water Service Inc. violated the terms, conditions or requirements of NPDES Permit NCO059421 and G.S. 143-215.1(a)(6) in the manner and extent shown in Attachment A. In accordance with the maximums established by G.S. 143-215.6A(a)(2), a civil penalty may be assessed against any person who violates the terms, conditions or requirements of a permit required by G.S. 143-215.1(a). Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Quality, I, Roger C. Edwards, Division of Water Quality Regional Supervisor for the Asheville Region, hereby make the following civil penalty assessment against A&D Water Service Inc.: Onc NorthCarolina North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, NC 28778 Phone (828) 296-4500 Customer Service Internet: www.ncwaterouality.orq FAX (828) 299-70.43 1- 800 623-7748 200.00 2 of the 2 violations of G.S. 143-215.1(a)(6) and NPDES NC0059421, by discharging waste water into the waters of 1 violation of the Permit Daily Maximum limit for FECAL COLI 200.00 TOTAL CIVIL PENALTY $70.00 Enforcement Costs $270.00 TOTAL AMOUNT DUE Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 143B- 282.1(b), which are: (1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation; (2) The duration and gravity of the violation; (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; (6) Whether the violation was committed Willfully or intentionally; (7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and (8) The cost to the State of the enforcement procedures. Within thirty days of receipt of this notice, you must do one of the following: 1. Submit payment of the penalty: Payment should be made directly to the order of the Department of Environment and Natural Resources (do not include waiver form). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). Please submit payment to the attention of: Point Source Compliance / Enforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699 -1617 OR 2. Submit a written request for remission or mitigation including a detailed justification for such request: Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or'the accuracy of any of the factual statements contained in the civil penalty assessment document. Because a remission request forecloses the option of an administrative hearing, such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation and agreement that no factual or legal issues are in dispute. Please prepare a detailed statement that establishes why you believe the civil penalty should be remitted, and submit it to the Division of Water Quality at the address listed In determining whether a remission request will be approved, the following factors be considered: (1) whether one or more of the civil penalty assessment factors 'in NCGS 14313-282.1(b) was wrongfully applied to the detriment of the petitioner; (2) whether the violator promptly abated continuing environmental damage resulting from the violation; (3) whether the violation was inadvertent or a result of an accident; (4) whether the violator had been assessed civil penalties for any previous violations; or (5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Please note that all evidence presented in support of your request for remission must be submitted in writing. The Director of the Division of the Division of Water Quality will review your evidence and inform you of his decision in the matter of your remission request. The response will provide details regarding the case status, directions for payment, and provision for further appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty Remissions (Committee). Please be advised that the Committee cannot consider information that was not part of the original remission request considered by the Director. Therefore, it is very important that you prepare a complete and thorough statement in support of your request for remission. In order to request remission, you must complete and submit the enclosed "Request for Remission of Civil Penalties, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form within thirty (30) days of receipt of this notice. The Division of Water Quality also requests that you complete and submit the enclosed "Justification for Remission Request." Both forms should be submitted to the following address: Point Source Compliance / Enforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699 -1617 N- 3. File a petition for an administrative hearing with the Office of Administrative Hearings: If you wish to contest any statement in the attached assessment document you must file a petition for an administrative hearing. You may obtain the petition form from the Office of Administrative Hearings. You must file the petition with the Office of Administrative Hearings within thirty (30) days of receipt of this notice. A petition is considered filed when it is received in the Office of Administrative Hearings during normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for official state holidays. The original and one (1) copy of the petition must be filed with the Office of Administrative Hearings. The petition may be faxed - provided the original and one copy of the document is received in the Office of Administrative Hearings within five (5) business days following the faxed transmission. The mailing address for the Office of Ac Hearings is: and Office of Administrative Hearings 6714 Mail Service Center Raleigh, North Carolina 27699 - 6714 Telephone (919) 733-2698 Facsimile: (919) 733-3478 Mail or hand -deliver a copy of the petition to General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh,. North Carolina 27699 -1601 Please indicate the case number (as found on page one of this letter) on the petition. Failure to exercise one of the options above within thirty (30) days of receipt of this letter, as evidenced by an internal date/time received stamp (not a postmark), will result in this matter being referred to the Attorney General's Office for collection of the penalty through a civil action. Please be advised that additional penalties may be assessed for violations that occur after the review period of this assessment. If you have any questions, please contact me or Wanda Frazier of the Water Quality staff of the Asheville Regional Office at 828-296-4500. Sincerely, Roger C. Edwards, Regional Supervisor Surface Water Protection Section Asheville Regional Office ATTACHMENTS cc: Bob Guerra, Western NPDES Compliance Enforcement Regroh:Jk&tsery sor whaf achments-­ Enforcement File w/ attachments Central Files w/ attachments umber: rty: JUSTIFICATION FOR REMISSION REQUEST LV-2007-0407 County: Transylvania A&D Water Service Inc. - Sapphire Lakes WWTP #1 NC0059421 Amount Assessed: $270.00 Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form to request remission of this civil penalty. You should attach any documents that you believe support your request and are necessary for the Director to consider in evaluating your request for remission. Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 143B-282.1(c), remission of a civil penalty may be granted only when one or more of the following five factors applies. Please check each factor that you believe applies to your case and provide a detailed explanation, including copies of supporting documents, as to why the factor applies (attach additional pages as needed). (a) one or more of the civil penalty assessment factors in N.C.G.S. 143B-282.1(b) were wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil penalty assessment document); (b) the violator promptly abated continuing environmental damage resulting from the violation (i.e., explain the steps that you took to correct the violation and prevent future occurrences); (c) the violation was inadvertent or a result of an accident (i.e., explain why the violation was unavoidable or something you could not prevent or prepare for); (d) the violator had not been assessed civil penalties for any previous violations; (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions (i.e., explain how payment of the civil penalty will prevent you from performing the activities necessary to achieve compliance). EXPLANATION: F NORTH CAROLINA OF TRANSYLVANIA IN THE MATTER OF ASSESSMENT OF CIVIL PENALTIES AGAINST A&D WATER SERVICE INC. PERMIT NO. NC0059421 DEPARTMENT OF'ENVIRONMENT AND NATURAL RESOURCES WAIVER OF RIGHT TO AN ADMINSTRATIVE HEARING AND STIPULATION OF FACTS FILE NO. LV-2007-0407 Having been assessed civil penalties totaling $270.00 for violation(s) as set forth in the assessment document of the Division of Water Quality dated November 7, 2007, the undersigned, desiring to seek remission of the civil penalty, does hereby waive the right to an administrative hearing in the above -stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the director of the Division of Water Quality within thirty (30) days of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after (30) days from the receipt of the notice of assessment. This the day of ADDRESS TELEPHONE SIGNATURE , 20 ATTACHMENT A A&D Water Service Inc CASE NUMBER: LV-2007-0407 FLKMI 1 : rvGuub14T1 FACILITY: sappnire LaKes viant 11vvv I v iFl COUNTY: I ransyivania REGION: Asheville MONITORING OUTFALL/ VIOLATION UNIT OF CALCULATED % OVER PENALTY REPORT PPI LOCATION PARAMETER DATE FREQUENCY MEASURE LIMIT VALUE LIMIT VIOLATION TYPE $100.00 5-2007 001 Effluent FEC COLI 05/08/07 Weekly #/100ml 400 1,600 300.00 Daily Maximum Exceeded $100.00 5-2007 001 Effluent FEC COLI 05/10/07 Weekly #/100ml 400 720 80.00 Daily Maximum Exceeded 0 DIVISION OF WATER QUALITY - CIVIL PENALTY ASSESSMENT (FILE) County: Case Number: A&D Water Service Inc. Transylvania LV-2007-0407 ASSESSMENT FACTORS As required by G.S. 143-214.6A(c), in determining the amount of the penalty I considered the factors set out in G.S. 14313-282.1(b), which are: 1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation; Two of the facility's daily fecal coliform values exceeded the permit limitations by 300% and 80% in May 2007. 2) The duration and gravity of the violation; High concentrations of fecal coliform, which occurred on May 8`h and 10`h, did not cause the facility to violate the monthly geometric mean limitation of 200 colonies per 100 ml. 3) The effect on ground or surface water quantity or quality or on air quality; Damage to the receiving stream was not quantified. 4) The cost of rectifying the damage; The cost of rectifying the damage is unknown. 5) The amount_ of money saved by noncompliance; The amount of money saved by noncompliance is the cost of operational adjustments and / or chemicals. 6) Whether the violation was committed willfully or intentionally; The violation does not appear to be willful or intentional. 7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and During the previous 12 months (review period 5/06 through 4/07), the facility was issued 5 NOVs and 1 assessment for permit limit violations. 8) The cost to the State of the enforcement procedures. $70.00 Date Rog 'r C. Edwards, Regional Supervisor Surface Water Protection Asheville Regional Office Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources r Coleen H. Sullins, Director Division of Water Quality Asheville Regional Office SURFACE WATER PROTECTION SECTION October 18, 2007 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7006 3450 0002 7064 8 Mr. Aubrey L. Deaver A&D Water Service Inc. PO Box 1407 0 Pisgah Forest NC 28768 =1407 3 I � � TI m N 0 I ? I Dear Mr. Deaver: 0 A review of Sapphire Lakes WWTP #1's mi y following violation: 0 c (D •v Parameter Fecal Coliform, MF, M-FC Broth @ 44.5 degrees Celcius Date 08/07/07 Limit VI 40( colon per 10 N 3 815 7006 3450 0002 7064 881-5 N 5� 1T� 0 mz m ���� , 1 N Al N G oo��IDr« O °3 Al a N •-• �� � �3 m w m Q m a h Edo<oD�oW�w 7: 0nrn m o ir a a oI i`s $mIv 300m0 n O _ W H (D V 0 0 N 6+ F. �D (D � � n t v m XED. 1313 p o f '55i, 7 �7 _z m m rll_.1 Qn-13 F m w b a N`8 `hCarolina atura!!� North Carolina Division of Water Quality 2090 US Highway 70 Swannanoa, NC 28778 Phone (828) 296-4500 Customer Service Internet: www.ncwaterguality.org FAX (828) 299-7043 1-877-623-6748 Mr. Aubrey L. Deaver A&D Water Service Inc. October 18, 2007 Page 2 of 2 Remedial Actions: Remedial actions, if not already implemented, should be taken to correct any problem(s). The permittee or operator is required to submit comments regarding noncompliance on the relevant monthly discharge monitoring report (DMR). If the comments provided an adequate explanation for the subject violation, it is not necessary to submit any further response. However, if corrective actions taken were not provided on the DMR or if you have additional comments or information concerning the violation(s), please submit them to Wanda Frazier of this office. Technical Assistance: The Asheville Regional Office has a Wastewater Treatment Plant Consultant available for technical assistance to wastewater treatment plants (WWTP) and collection systems with operational concerns. This service is free and ,non -regulatory to assist in the identification and correction of operational problems. This service can be utilized for optimization of the operation of WWTPs and collection systems. Should you have questions about this service, please contact Don Price at 828-296-4656. C 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. For additional SOC information, you may contact Keith Haynes at 828-296-4660. 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, q�all -ItA Roger C. Edwards, Regional Supervisor Surface Water Protection Section Vic: Bob Guerra, Western NPDES Compliance Enforcement DWQ Central Files Ashieville•-Reg io.nal.Qff_ic_e:_fa.cil:ity— 4-i les AUBREY L DEAVER A D WATER SERVICE INC PO BOX 1407 PISGAH FOREST NC 28768 1407 Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources woleeR.LinSullins,-Director• �ivisionofVaterQuality August 10, 2007 AU G 14 2007 WATER QUALITY SECTION ASHIYIJ_E REGIONAL IL CE SUBJECT: Payment Acknowledgment Civil Penalty Assessment Sapphire Lakes Plant WWTP #1 Permit Number: NCO059421 Case Number: LV-2007-0284 Transylvania County Dear Mr. Deaver: This letter is to acknowledge receipt of check number 5193 in the amount of $408.57 received from you dated August 3, 2007. This payment satisfies in full the above civil assessment levied against the subject facility, and this case has been closed. Payment of this penalty in no way precludes future action by this Division for additional violations of the applicable Statutes, Regulations, or Permits. If you have any questions, please call Bob Guerra at 919-733-5083 Ext. 539 cc: Enforcement File #: LV-2007-0284 EDWQ Asheville Regional Office'Sdpervisor, Central Tiles Sincerely, r Laurie Singleton 1617 Mail Service Center Raleiqh, NC 27699-1617 (919)733-7015 ('.itetnmor GanAPa 1 Ann A7'l_77AO "o�se NhCarolina Natura!!y United A & D WATER SERVICE, INC. Community Bank P.O. BOX 1407 66-1167/531 PISGAH FOREST, NC 28768 8/3/2007 o PAY TO THE ORDER OF Aquifer Proection Section $ ""408.57 m m , Four Hundred Eight and 57/100**.*.********.***********************«************«******************.*******#**************. DOLLARS • Aquifer Proection Section 8 Attn: Mr. Ed Hardee Division Of Water Quality 1636 Mail Service Center MEMO Raleigh, NC 27699-1636 n1uRe Sapphire Lakes Plant WWTP #1 NCO059421 Michael F. Easley, Governor William G. Ross Jr., Secretary rNorth Carolina Department of Environment and Natural Resources Coleen H. Sullins, Director Division of WatSr Quality July 24, 2007 CERTIFIED MAIL 7002 3150 0003 7052 9554 RETURN RECEIPT REQUESTED Mr. Aubrey L. Deaver A & D Water Services, Inc. P.O. Box 1407 Pisgah Forest, NC 28768 Dear Mr. Deaver: r' 1 ..Y, JUL 2 7 2007 11, I WATER QUALITY SECTION ASHEVILLE REGIONAL OFFICE Subject: NOTICE OF VIOLATION - NOV- 2007- LR- 0037 Sapphire -Lakes WWTP #1 WWTP NCO059421 Transylvania County This is to inform you that the Division of Water Quality has not received your monthly monitoring report for July 2007 after the required reporting date. This is in violation of Part II, Condition D(2) of the NPDES permit, as well as 15A NCAC 2B .506(a), which requires the submittal of Discharge Monitoring Reports no later than the thirtieth (30) day following the reporting period. Failure to submit reports as required will subject the violator to the assessment of a civil penalty of up to $25,000 per violation. You will be considered noncompliant with the self -monitoring requirements of your NPDES permit until the report has been submitted. Please submit the July 2007 DMR report within 10 days of receipt of this notice if you have not yet submitted it. To prevent further action, please submit future monthly reports within the above -mentioned timeframe to avoid further enforcement actions. The Division must take these steps because timely submittal of discharge monitoring reports is essential to the efficient operation of our water quality programs. We appreciate your assistance in this matter. If you have any questions about this letter or Discharge Monitoring Reports, please contact me at 919-733-5083, extension 539. Sincerely, Bob Guerra Western Region NPDES Unit cc: D,, Q!'AKshevllle7Surface-Water Protection Supervisor h CentriYhles - No°e Carolina �tura!!y North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone (919) 733-5083 Customer Service Internet: h2o.enr.state.nc.us 512 N. Salisbury St. Raleigh, NC 27604 . FAX (919) 733-0719 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer —50% Recycled/10% Post Consumer Paper Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources -i Coleen H. Sullins, Director Division of Water Quality. Asheville Regional Office SURFACE WATER PROTECTION SECTION CERTIFIED MAIL RETURN RECEIPT REQUESTED Aubrey L Deaver A&D Water Service Inc. PO Box 1407 Pisgah Forest, NC 287681407 July 16, 2007 7006 3450 0002 7064 8440 SUBJECT: Notice of Violation and Assessment of Civil Penalty for Violations of North Carolina General Statute (G.S.) and NPDES Permit NCO059421 A&D Water Service Inc. Sapphire Lakes Plant WWTP #1 Case No. LV-2007-0284 Transylvania County Dear Mr. Deaver: FILE 143-215.1(a)(6) This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $408.57 ($200.00 civil penalty + $208.57 enforcement costs) against A&D Water Service Inc. This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report (DMR) submitted by A&D Water Service Inc. for the month of March 2007. This review has shown the subject facility to be in violation of the discharge limitations and/or monitoring requirements found in NODES Permit NC0059421. The violations which occurred in March 2007 are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that A&D Water Service Inc. violated the terms, conditions or requirements of NPDES Permit NCO059421 and G.S. 143-215.1(a)(6) in the manner and extent shown in Attachment A. In accordance with the maximums established by G.S. 143-215.6A(a)(2), a civil penalty may be assessed against any person who violates the terms, conditions or requirements of a permit required by G.S. 143-215.1(a). Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Quality, I, -Roger C. Edwards, Division of Water Quality Regional Supervisor for the Asheville Region, hereby make the following civil penalty assessment against A&D Water Service Inc.: one No thCarolina �a�irrally 2090 US Hwy 70, Swannanoa, NC 28778 Phone: (828) 296-4500 FAX: (828) 299-7043 Customer Service 1-800-623-7748 200.00 200.00 208.57 408.57 2 of the 2 violations of G.S. 143-215.1(a)(6) an NC0059421, by discharging waste water into the violation of the Permit Daily Maximum limit for FE TOTAL CIVIL PENALTY Enforcement Costs TOTAL AMOUNT DUE Pursuant to G.S: 143-215.6A(c), in determining the amount of the penalty I have taken into account the Findings of Fact and Conclusions of Law and the factors set, forth at G.S. 14313- 282.1(b), which are: (1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation; (2) The duration and gravity of the violation; (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; (6) Whether the violation was committed willfully or intentionally; (7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and (8) The cost to the State of the enforcement procedures. Within thirty days of receipt of this notice, you must do one of the following: nt of the penalty: ren hould be made directly to the order of the Department of Environment and Natural (do not include waiver form). Payment of the penalty will not foreclose further t action for any continuing or new violation(s). Please submit payment to the ntion of: Point Source Compliance/Enforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina. 27699-1617 OR 2. Submit a written request for remission or mitigation including a detailed justification for such request: Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Because a remission request forecloses the option of an administrative hearing, such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation and agreement that no factual or legal issues are in dispute. Please prepare a detailed statement that establishes why you believe the civil penalty should be remitted, and submit it to the Division of Water Quality at the address listed below. In determining whether a remission request will be approved, the following factors shall be considered: (1) whether one or more of the civil penalty assessment factors in NCGS 14313-282:1(b) was wrongfully applied to the detriment of the petitioner; (2) whether the violator promptly abated continuing environmental damage resulting from the violation; (3) whether the violation was inadvertent or a result of an accident; (4) whether the violator had been assessed civil penalties for any previous violations; or (5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Please note that all evidence presented in support of your request for remission must be submitted in writing. The Director of the Division of the Division of Water Quality will review your evidence and inform you of his decision in the matter of your remission request. The response will provide details regarding the case status, directions for payment, and provision for further appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty Remissions (Committee). Please be advised that the Committee cannot consider information that was not part of the original remission request considered by the Director. Therefore, it is very important that you prepare a complete and thorough statement 'in support of your request for remission. In order to request remission, you must complete and submit the E Remission of Civil Penalties, Waiver of Right to an Administrative Hear Facts" form within thirty (30) days of receipt of this notice. The Division requests that you complete and submit the enclosed "Justification for Rerr forms should be submitted to the following address: Point Source Compliance/Enforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 OR 3. File a petition for an administrative hearing with the Office of Administrative Hearings: If you wish to contest any statement in the attached assessment document you must file a petition for an administrative hearing. You may obtain the petition form from the Office of Administrative Hearings. You must file the petition with the Office of Administrative Hearings within thirty (30) days of receipt of this notice. A petition is considered filed when it is received in the Office of Administrative Hearings during normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8:00 a.m..and 5:00 p.m.; except for official state holidays. The original and one (1) copy of the petition must be filed with the Office of Administrative Hearings. The petition may be faxed - provided the original and one copy of the document is received in the Office of Administrative Hearings within five (5) business days following the faxed transmission. The mailing address for the Office of Administrative Hearings is: and Office of Administrative Hearings 6714 Mail Service Center Raleigh, North Carolina 27699-6714 Telephone (919) 733-2698 Facsimile: (919) 733-3478 Mail or hand -deliver a copy of the petition to Mary Penny Thompson, General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh, North Carolina 27699-1601 Please indicate the case number (as found on page one of this letter) on the petition. Failure to exercise one of the options above within thirty (30) days of receipt of this letter, as evidenced by an internal date/time received stamp (not a postmark), will result in this matter being referred to the Attorney General's Office for collection of the penalty through a civil action. Please be advised that additional penalties may be assessed for violations that occur after the review period of this assessment. ns, please contact me or Wanda Frazier of the Asheville Regional Office Sincerely, Roger C. Edwards, Regional Supervisor Surface Water Protection Section Asheville Regional Office ATTACHMENTS cc: Bob Guerra, Western NPDES Point Source Compliance Enforcement Re ional Supervisor w/ attachments R enPartcene,n#�fpil`rI + ach Central Files w/ attachments JUSTIFICATION FOR REMISSION REQUEST DWQ Case Number: LV-2007-0284 Assessed Party: A&D Water Service Inc. Permit No.: NC0059421 County: Amount Assessed: Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of Facts"form to request remission of this civil penalty. You should attach any documents that you believe support your request and are necessary for the Director to consider in evaluating your request for remission. Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 143B-282.1(c), remission of a civil penalty may be granted only when one or more of the following five factors applies. Please check each factor that you believe applies to your case and provide a detailed explanation, including copies of supporting documents, as to why the factor applies (attach additional pages as needed). (a) one or more of the civil penalty assessment factors in N.C.G.S. 14313-282.1(b) were wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil penalty assessment document); (b) the violator promptly abated continuing environmental damage resulting from the violation (i.e., explain the steps that you took to correct the violation and prevent future occurrences); (c) the violation was inadvertent or a result of an accident (i.e., explain why the violation was unavoidable or something you could not prevent or prepare for); (d) the violator had not been assessed civil penalties for any previous violations; (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions (i.e., explain how payment of the civil penalty will prevent you from performing the activities necessary to achieve compliance). EXPLANATION: CAROL,.-.,-, NSYLVANIA ATTER OF ASSESSMENT PENALTIES AGAINST A&D WATER SERVICE INC. SAPPHIRE LAKES WWTP #1 PERMIT NO. NCO059421 DEPARTM`,-.F OF ENVIRONMENT, AND NATURAL RESOURCES WAIVER OF RIGHT TO AN ADMINSTRATIVE HEARING AND STIPULATION OF FACTS FILE NO. LV-2007-0284 Having been assessed civil penalties totaling 14Q8.57 for violation(s) as set forth in the assessment document of the Division of Water Quality dated July 16, 2007, the undersigned, desiring to seek remission of the civil penalty, does hereby waive the right to an administrative hearing in the above -stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the director of the Division of Water Quality within thirty (30) days of receipt of the notice of assessment. No new evidence in support -of a remission request will be allowed after (30) days from the receipt of the notice of assessment. This the day of SIGNATURE ADDRESS TELEPHONE ,20 ATTACHMENT A A&D Water Service Inc CASE NUMBER: LV-2007-0284 PERMIT: NCO059421 FACILITY: Sapphire Lakes Plant WWTP #1 COUNTY: Transylvania REGION: Asheville Limit Violations MONITORING OUTFALL/ VIOLATION UNIT OF CALCULATED % OVER PENALTY REPORT PPI LOCATION PARAMETER DATE FREQUENCY MEASURE LIMIT VALUE LIMIT VIOLATION TYPE $100.00 3-2007 001 Effluent FEC COLI 03/13/07 Weekly #/100ml 400 600 50.00 Daily Maximum Exceeded $100.00 3-2007 001 Effluent FEC COLI 03/15/07 Weekly #/100ml 400 600 50.00 Daily Maximum Exceeded ION OF 4.,,. ER QUALITY - CIVIL PENALTY ASoe-SSMENT (FILE) A&D Water Service Inc. Transylvania LV-2007-0284 ASSESSMENT FACTORS As required by G.S. 143-214.6A(c), in determining the amount of the penalty I considered the factors set out in G.S. 14313-282.1(b), which are: 1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation; The facility's daily maximum fecal coliform values exceeded the permit limitations by 50% each in March 2007. 2) The duration and gravity of the violation; High concentrations of fecal coliform, which occurred on March 13th and 15th, did not cause the facility to violate the monthly geometric mean limitation of 200 colonies per 100 mi. 3) The effect on ground or surface water quantity or quality or on air quality; Damage to the receiving stream was not quantified. 4) The cost of rectifying the damage; The cost of rectifying the damage is unknown. 5) The amount of money saved by noncompliance; The amount of money saved by noncompliance is the cost of operational adjustments and / or chemicals. 6) Whether the violation was committed willfully or intentionally; The violation does not appear to be willful or intentional. 7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and During the review period 03-01-2006 through 02-28-2007, the facility had permit limit violations resulting in 5 NOVs and 2 enforcement actions. 8) The cost to the State of the enforcement procedures. $208.57 A '. Date Roge C. Edwards, Regional Supervisor Surface Water Protection Section Asheville Regional Office L w :>rta� *•. "�•-3-.;;Michael F. Easley, Governor OF \N A illiam G. Ross Jr., Secretary North Carli a,Qepar�e of Envtmebt and Natural Resources Jh leen H. Sullins, Director Division of Water Quality Asheville Regional Office SURFACE WATER PROTECTION SECTION CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Aubrey L. Deaver A&D Water Service Inc. PO Box 1407 Pisgah Forest, NC 287681407 Dear Mr. Deaver: July 12, 2007 7006 3450 0002 7064 8358 Subject: NOTICE OF VIOLATION NOV-2007-LV-0389 Permit number NC0059421 Sapphire Lakes Plant WWTP #1 Transylvania County A review of Sapphire Lakes Plant WWTP #1's monitoring report for February 2007 showed the following violations: Parameter Date Limit Value Reported Value Limit Type Fecal Coliform 02/27/07 400 600 Daily Maximum Membrane filter, colonies per colonies per Exceeded M-FC Broth @ 44.5 100 ml 100 ml degrees Celcius NollhCarolina Naturally North Carolina Division of Water Quality 2090 U.S. Highway 70; Swannanoa, NC 28778 Phone (828)296-4500 Internet: www.ncwaterguality.org Customer Service 1-877-623-6748 FAX (828)299-7043 Mr. Aubrey L. Deaver Sapphire Lakes Plant WWTP #1 Page 2 of 2 July 12, 2007 Remedial Actions: Remedial actions, if not already implemented, should be taken to correct any problem(s). The permittee or operator is required to submit comments regarding noncompliance on the relevant monthly discharge monitoring report (DMR). If the comments provided an adequate explanation for the subject violation, it is not necessary to submit any further response. However, if corrective actions taken were not provided on the DMR or if you have additional comments or information concerning the violation(s), please submit them to Wanda Frazier of this office. Technical Assistance: The Asheville Regional Office has a Wastewater Treatment Plant Consultant available for technical assistance to wastewater treatment plants (WWTP) and collection systems with operational concerns. This service is free and non -regulatory to assist in the identification and correction of operational problems. This service can be utilized for optimization of the operation of WWTPs and collection systems. Should you have questions about this service, please contact Don Price at 828- 296-4500 extension 4656. Special Order By Consent: The Division of Water Quality may pursue enforcement actions for this and any additional violations. If the violations are of a continuing nature and not related to operation and / or maintenance problems, you may apply for a Special Order by Consent (SOC). To be eligible, you will be required to take corrective actions while implementing construction activities and pay a stipulated upfront civil penalty. You may contact 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 1. _ p W A T�9pG O < Aubrey L Deaver A&D Water Service Inc PO Box 1407 Pisgah Forest, NC 287681407 Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Coleen H. Sullins, Director Division. of Water Quality June 21, 2007 Fal E z ' `� 1-0 JUN 25 2607 SUBJECT: Payment Acknowledgment Civil Penalty Assessment Sapphire Lakes Plant WWTP #1 Permit Number: NCO059421 Case Number: LV-2007-0207 Transylvania County Dear Dear Mr. Deaver:: This letter is to acknowledge receipt of check number 5165 in the amount of $758.57 received from you dated June 12, 2007. This payment satisfies in full the above civil assessment levied against the subject facility, and this case has been closed. Payment of this penalty in no way precludes future action by this Division for additional violations of the applicable Statutes, Regulations, or Permits. If you have any questions, please call Bob Guerra at 919-733-5083 Ext. 539. Sincerely, i Laurie Singleton cc: Enforcement File #: LV-2007-0207 D'UV( Asheville &egional O_ ff_ ce Su_ pervisor Central Files - - 1617 Mail Service Center Raleigh, NC 27699-1617 (919) 733-7015 Customer Service 1 800 623-7748 'o��nnCaro 'na ✓vaturary 5165 ® United A & D WATER SERVICE, INC. Community Bank P.O. BOX 1407 66-1167/531 PISGAH FOREST, NC 28768 6/12/2007 PAY TO THE Point Source Compliance/Enforance Unit **758.57 ORDER OF Seven Hundred Fifty -Eight and 57/100***************************************************************************** DOLLARS MEMO Point Source Compliance/Enforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 NPDES NCO059421 fJTHORI IGNAiURE j F '�TL�;I L i�A':.. II '-��:.:~�r.�.Miskrael-F:�Easley,�:Govemor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Coleen H. Sullins, Director Division of Water Quality Asheville Regional Office Surface Water Protection Section June 6, 2007 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7006 3450 0002 7064 7894 i Mr. Aubrey Deaver A&D Water Service Inc. Sapphire Lakes WWTP #1 PO Box 1405 Pisgah Forest, NC 28768 SUBJECT: Notice of Violation and Assessment of Civil Penalty for Violations of North Carolina General Statute (G.S.) 143-215.1(a)(6) and NPDES Permit NCO059421 A&D Water Service, Inc..(Sapphire Lakes WWTP #1) Case No. LV-2007-0207 Transylvania County Dear Mr. Deaver: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $758.57 ($550.00 civil penalty + $208.57 enforcement costs) against A&D water Service, Inc. This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report (DMR) submitted by A&D water Service, Inc. for the month of January 2007. This review has shown the subject facility to be in violation of the discharge limitation for Total Suspended Solids found in NPDES Permit NC0059421. The violations which occurred in January 2007 are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that A&D Water Service, Inc. violated the terms, conditions or requirements of NPDES Permit NCO059421 and G.S. 143-215.1(a)(6) in the manner and extent shown in Attachment A. In accordance with the maximums established by G.S. 143-215.6A(a)(2), a civil penalty may be assessed against any person who vioiates the terms, conditions or requirements of a permit required by G.S. 143-2'15.1(a). Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the Secretary of the Department of Environment and Natural. Resources and the Director of the Division of .Water Quality, I, Roger C. Edwards, Division of Water Quality Regional Supervisor for the Asheville Region, hereby make the following civil penalty assessment against A&D water Service, Inc.: o�z NorthCarolina AlahavAll 2090 US Hwy 70, Swannanoa, NC 28778 Phone: 828-296-4500 FAX: 828-299-7043 Customer Service 1-800- 623-7748 250.00 1 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No. NC0059421, by discharging waste water into the waters of the State in violation of the Permit Monthly Average limit for Total Ssupended Solids. 3 of the 4 violations of G.S. 143-215.1(a)(6) and NPDES Permit No. 300.00 NC0059421, by discharging waste water into the waters of the State in violation of the Permit Daily Maximum limit for Total Suspended Solids. $550.00 TOTAL CIVIL PENALTY $208.57 Enforcement Costs $758.57 TOTAL AMOUNT DUE Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 14313- 282.1(b), which are: (1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation; (2) The duration and gravity of the violation; (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; (6) Whether the violation was committed willfully or intentionally; (7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and (8) The cost to the State of the enforcement procedures. thirty days of receipt of this notice, you must do one of the following: 1. Submit payment of the penalty: Payment should be made directly to the order of the Department of Environment and Natural Resources (do not include waiver form). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). Please submit payment to the attention of: Point Source Compliance/Enforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 OR ;. 2. Submit a written request for remission or mitigation including a detailed justification for such request: Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate_ to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Because a remission request forecloses the option of an administrative hearing, such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation and agreement that no factual or legal issues are in dispute. Please prepare a detailed statement that establishes why you believe the civil penalty should be remitted, and submit it to the Division of Water Quality at the address listed below. In determining whether a remission request will be approved, the following factors shall be considered: (1) whether one or more of the civil penalty assessment factors in NCGS 143B-282.1(b) was wrongfully applied to the detriment of the petitioner; (2) whether the violator promptly abated continuing environmental damage resulting from the violation; (3) whether the violation was inadvertent or a result of an accident; (4) whether the violator had been assessed civil penalties for any previous violations; or (5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Please note that all evidence presented in support of your request for remission must be submitted in writing. The Director of the Division of the Division of Water Quality will review your evidence and inform you of his decision in the matter of your remission request. The response will provide details regarding the case status, directions for payment, and provision for further appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty Remissions (Committee). Please be advised that the Committee cannot consider information that was not part of the. original remission request considered by the Director. Therefore, it is very important that you prepare a complete and thorough statement in support your request for remission. In order to request remission, you must complete and submit the enclosed "Request for Remission of Civil Penalties, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form within thirty (30) days of receipt of this notice. The Division of Water Quality also requests that you complete and submit the enclosed "Justification for Remission Request." Both forms should be submitted to the following address: Point Source Compliance/Enforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 OR 3. File a petition for an administrative hearing with the Office of Administrative Hearings: If you wish to contest any statement in the attached assessment document you must file a petition for an administrative hearing. You may obtain the petition form from the Office of Administrative Hearings. You must file the petition with the Office of Administrative Hearings within thirty (30) days of receipt of this notice. A petition is considered filed when it is received in the Office of Administrative Hearings during normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for official state holidays. The original and one (1) copy of the petition must be filed with the Office of Administrative Hearings. The petition may be faxed - provided the original and one copy of the document is received in the Office of Administrative Hearings within five (5) business days following the faxed transmission. The mailing address for the Office of Administrative Hearings is: Office of Administrative Hearings 6714 Mail Service Center Raleigh, North Carolina 27699-6714 Telephone (919) 733-2698 Facsimile: (919) 733-3478 and Mail or hand -deliver a copy of the petition to: General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh, North Carolina 27699-1601 Please indicate the case number (as found on page one of this letter) on the petition. Failure to exercise one of the options above within thirty (30) days of receipt of this letter, as evidenced by an internal date/time received stamp (not a postmark), will result in this matter being referred to the Attorney General's Office for collection of the penalty through a civil action. Please be advised that additional penalties may be assessed for violations that occur after the review period of this assessment. y questions, please contact me or Wanda Frazier of the Asheville Regional Office )0. Sincerely, Roger C. Edwards, Regional Supervisor Surface Water Protection Section Asheville Regional Office ATTACHMENTS cc: Bob Guerra, Compliance Enforcement - w/ attachments DWQ Central Files w/ attachments I JUSTIFICATION FOR REMISSION REQUEST DWQ Case Number:. LV-2007-0207 Assessed Party: A&D WATER SERVICE, INC. Permit No.: NC0059421 County: Try Amount Assesseu. q, Please use this' form when requesting remission of this civil penalty. You must also complete the "Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of Facts"form to request remission of this civil penalty. You should attach any documents that you believe support your request and are necessary for the Director to consider in evaluating your request for remission. Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting.whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 143B-282.1(c), remission of a civil penalty may be granted only when one or more of the following five factors applies. Please check each factor that you believe applies to your case and provide a detailed explanation, including copies of supporting documents, as to why the factor applies (attach additional pages as needed). (a) one or more of the civil penalty assessment factors in N.C.G.S. 14313-282.1(b) were wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil penalty assessment document); (b) the violator promptly abated continuing environmental damage resulting from the violation (i.e., explain the steps that you took to correct the violation and prevent future occurrences); (c) the violation was inadvertent or a result of an accident (i.e., explain why the violation was unavoidable or something you could not prevent or prepare for); (d) the violator had not been assessed civil penalties for any previous violations; (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions (i.e., explain how payment of the civil penalty will prevent you from performing the activities necessary to achieve compliance). EXPLANATION: OF NORTH CAROLINA OUNTY OF TRANSYLVANIA IN THE MATTER OF ASSESSMENT OF CIVIL PENALTIES AGAINST A&D WATER SERVICE, INC. SAPPHIRE LAKES WWTP #1 TRANSYLVANIA COUNTY PERMIT NO. NCO059421 DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES WAIVER OF RIGHT TO AN ADMINSTRATIVE HEARING AND STIPULATION OF FACTS FILE NO. LV-2007-0207 Having been assessed civil penalties totaling $758.57 for violations as set forth in the assessment document of the Division of Water Quality dated June 6, 2007, the undersigned, desiring to seek remission of the civil penalty, does hereby waive the right to an administrative hearing in the above -stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned 'further understands that all evidence presented in support of remission of this civil penalty must be submitted to the director of the Division of Water Quality within thirty (30) days of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after (30) days from the receipt of the notice of assessment. This the day of , 20 SIGNATURE ADDRESS TELEPHONE ATTACHMENT A A&D Water Service Inc CASE NUMBER: LV-2007-0207 PERMIT: NCO059421 FACILITY: Sapphire Lakes Plant WWTP #1 COUNTY: Transylvania REGION: Asheville Limit Violations MONITORING OUTFALL/ VIOLATION UNIT OF CALCULATED % OVER PENALTY REPORT PPI LOCATION PARAMETER DATE FREQUENCY MEASURE LIMIT VALUE LIMIT VIOLATION TYPE $100.00 1-2007 001 Effluent RES/TSS 01/23/07 Weekly mg/I 45 60 33.33 Daily Maximum Exceeded $100.00 1-2007 001 Effluent RES/TSS 01/25/07 Weekly mg/I 45 57 26.67 Daily Maximum Exceeded $100.00 1-2007 001 Effluent RES/TSS 01/26/07 Weekly mgfl 45 55 22.22 Daily Maximum Exceeded $.00 1-2007 001 Effluent RES/TSS 01/30/07 Weekly mg/I 45 48 6.67 Daily Maximum Exceeded $250.00 1-2007 001 Effluent RES/TSS 01/31/07 Weekly mg/I 30 42.75 42.50 Monthly Average Exceeded IVISION OF WAl cR QUALITY - CIVIL PENALTY ASSESSMENT (FILE) A & D Water Service, Inc. (Sapphire Lakes WWTP # 1) County: Transylvania Case Number: LV-2007-0207 ASSESSMENT FACTORS 1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation; The facility's daily maximum value for total suspended solids exceeded the permit limitations on January 23rd, 25tn, 261n, & 301n , 2007 'by 33%, 27%, 22%, & 7%, respectively. These violations caused the monthly average TSS limit to be exceeded by 42%. 2) The duration and gravity of the violation; The TSS concentration from samples collected on January 23rd, 25", 26tn, & 301n, were sufficiently high to cause the facility to violate the permitted monthly average concentration of 30 mg/I. 3) The effect on ground or surface water quantity or quality or on air quality; Damage to the receiving stream was not quantified. 4) The cost of rectifying the damage; The cost of rectifying the damage is unknown. 5) The amount of money saved by noncompliance; The amount of money saved by noncompliance is the cost associated with operational adjustments and/or chemical usage. 6) Whether the violation was committed willfully or intentionally; The violation does not appear to be willful or intentional. 7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and During the period 1/1/2006 through 12/30/2006, there were 5 NOVs and 1 enforcement for $226.82. 8) The cost to the State of the enforcement procedures. . $208.57 -- G Date Roge'C. Edwards, Regional Supervisor Surface Water Protection Section Asheville Regional Office �1� NCDENR Vorth Carolina Department of Environment and Natural Resources Division of Water Quality F. Easley, Governor April 5, 2007 CERTIFIED MAIL RETURN RECEIPT REQUESTED Aubrey L. Deaver A & D Water Service P.O. Box 1407 Pisgah Forest, NC 28768 William G. Ross, Jr., Secretary Alan W: Klimek, P.E:, Director APR 1 2 2007 I. V%P.1EP. QU,-i.IT`' S MT j AS, 'ILL:- Subject: Notice of Violation Failure to Submit Renewal Application NPDES Permit NCO059421 Sapphire Lakes WWTP #1 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 fied at least 180 days prior to expiration of the current permit. To satisfy this requirement,; your 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 IL 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, opAlan W. Klimek, P.E. cc: Central Files HTTTV lie RegionaIff ffice Sur""" aver ;ater�� otection NPDES File 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 One 512 North Salisbury Street, Raleigh, North Carolina 27604 NOIffiCarollna Phone: 919 733-5083, extension 511 / FAX 919 733-0719 / Internet: h2o.enr.state.nc.us ;Vatwrally charles.weaver@ncmail.net An Equal Opportunity/Affirmative Action Employer — 50% Recycledl10% Post Consumer Paper X!Y�/' 1. WAZI/ %�-11-1/-- /�-`% 17/1 /' �//W %-171 W71471� 7/� %?/ t74 7, -1.7z%^/�X-ZZ %-/Z:111� I %Ilf,.:f1= A & D Water Service, Inc. P.O. Box 1407 Pisgah Forest, NC 28768 828-884-9772 Fax 828-884-8p32 March 5, 2007 Mr. Roger Edwards Division of Water Quality 2090 US HWY 70 Swannanoa, NC 28778 RE: NOV 2007-PC-0006 Dear Mr. Edwards, On February 22, 2007, the subject flow meter was retested for accuracy. It was found to be well within tolerance limits. The strip chart was also found to be marking & rolling properly. Please contact my office if you need more information. Sincerely, Aubrey L. Deaver ID E C E 0 V E Do MAR - 7 2007 WATER QUALITY SECTION ASHEVILLE REGIONAL OFFICE A & D Water Service, Inc. P.O. Box 1407 Pisgah Forest, NC 28768 828-884-9772 Fax 828-884-8632 March 5, 2007 Mr. Roger Edwards Division of Water Quality 2090 US Hwy 70 Swannanoa, NC 28778 RE: NOV 2007-LV-0093 Dear Mr. Edwards, The mixed liquors and food to microorganism ratios are being monitored more closely now. Please contact my office if you need more information. Sincerely, 4*1-- - Aubrey L. Deaver MAR 7 2007 ACIHEI lil -r�;/,/fJ-.��;/.C:'G"/C.i/l_'G9/f*/,�J/,l.'/d./w9/l.�/G/.'>/.^t 'G'/.r"%%!.'/.t?/f%F9/OT/J/f1/®/.4/.>/EIYI%tlJ/.":/®/.'.%A./;/.?/!'/%FJ,�r%:f.%'::';f" L%l'%�: /`:%rJ'/!"/'�+:,, .,_•y -• .. A & D Water Service, Inc. /!';/�/!./F%O."/Fir/->/l.�Y.^J/.Ptl'/�°3/i:/G'/fJ/!�/u/6f/,AJ/Lo/OYi.FO"Y.^�+/lsY.�"r/.B��f3/f�i.Gi®/G/lT/11/CJ/d'/C9/.?s/.B/E:/..'Gi.°D/L./G/.'.°/®/.�:/.i'/P/:'/B3YlT/E.%iJ/fJ/."/!�/!'r„+;: .;�; /rr/."'///.^J/�-; �iCa/.�/n"i/r'J/Fi%.%C::-::^/r%>:. '-=`i •� P.O. Box 1407 Pisgah Forest, NC 28768 828-884-9772 Fax 828-884-8632 March 5, 2007 Mr. Roger Edwards Division of Water Quality 2090 US Hwy 70 Swannanoa, NC 28778 RE: NOV 2007-LV-0092 Dear Mr. Edwards, I have installed a tap prior to the dechlorination equipment in order to test the C12 unit's effectiveness. We will monitor C12 residuals more closely. Please contact my office if you need more information. Sincerely, r A Aubrey L. Deaver I �l� ! MAR - 7 2007 WA -r, - _ i r A & D Water Service, Inc. P.O.Box 1407 PisgahForest, NC 28768 828-884-9772 Fax 828-884-8632 March 5, 2007 Mr. Roger Edwards Division of Water Quality 2090 US Hwy 70 Swannanoa, NC 28778 RE: NOV 2007-MV-001 1 Dear Mr. Edwards, I will endeavor to monitor the reports I approve more closely in the future. As stated in previous correspondence, Robert Orr is no longer employed by A&D Maintenance, Inc. Please contact my office if you need more information. Sincerely, Aubrey L. Deaver MAR 7 2007 VVATEIR C,,);JALjT',,' SECTION -111111 ,.;, .�i„�rr.3ir3i i if.-,:�i it r�irsi yia+ir�i�.7.^vrv::.irir✓urici ir`✓�mi�ir_.i�ie�i.�i:ri ter_ i.:,� ,.:; - — :. �/ o.i isi. c „ i 11-1w:: n.� , A & D Water Service, Inc. 1s;:`„'7xJ/v�/^>/.:/"�/d/.r/!%rr/4/e:/riEr/r/.u�%./ %ter/.o/s✓/'%l%o�/�/r//�/s/:/�/�/�.�/n/�/n/rJ/.�/7.:r/s+/�,/�rity/�i/!/�/r./©/e!/ ;:%`%.,�,":'=/'.;:: c'-, J/.;':.' :",x.%'•%-...rri�^i':;: �-;. i•��:� _. P.O. Box 1407 Pisgah Forest, NC 28768 828-884-9772 Fax 828-884-863� March 5, 2007 Mr. Roger Edwards Division of Water Quality 2090 US Hwy 70 Swannanoa, NC 28778 RE: NOV 2006-MV-0115 Dear Mr. Edwards, Please be advised that Robert Orr, the ORC at Sapphire Lakes during the time of the violation is no longer employed by A&D Maintenance, Inc. I believe this action alone will correct many of Sapphire Lakes NOV's. Please contact my office if you need more information. Sincerely, Aubrey L. Deaver �1 MAR - 7 2007 1.! l wATEF-i QIJA.Ln-Y SECT' '0 N ASHE`J�LLE RiECICi\;;:,!- 0."13E i l� 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 Asheville Regional Office SURFACE WATER PROTECTION, SECTION F'z * , February 19, 2007 Mr. Aubrey Deaver A&D Water Service Inc. PO Box 1407 Pisgah Forest, NC 28768 SUBJECT: Compliance Evaluation Inspection Sapphire Lakes Plant WWTP #1 Permit number. NCO059421 Transylvania County Dear Mr. Deaver: Enclosed please find a copy of the Compliance Evaluation Inspection form from the inspection conducted on February 14, 2007. The facility was found to be in compliance with permit NC0059421. Please refer to the enclosed inspection report for additional observations and comments. If you or your staff have any questions, please call meat 828-296-4500 extension 4662. Sincerely, Wanda P. Frazier Environmental Specialist Enclosure cc: Wesley Royal, ORC Central Files NoorthCarolina )Vaturr!!1 2090 US Hwy 70, Swannanoa, NC 28778 Telephone: (828) 296-4500 Fax: (828) 299-7043 Customer Service 1 877 623-6748 United States Environmental Protection Agency Form Approved. EPA Washington, D.C. 20460 OMB No. 2040-0057 Water Compliance Inspection Report Approval expires 8-31-98 Section A: National Data System Coding (i.e., PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 NI 2 151 31N00059421 111 121 07/02/14 117 181 CI 191 SI 201 U LJ Remarks 211IIIIII.IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII6 Inspection Work Days Facility Self -Monitoring Evaluation Rating B1 QA ----------------- ---- ---- Reserved ------------- ---- 67I 1.0 169 70 13 I 711 I 721 NJ 73 I I 174 751 I I I I I I 180 �1-1 Section B: Facility Data Name and Location of Facility Inspected (For Industrial Users discharging to POTW, also include Entry Time/Date Permit Effective Date POTW name and NPDES permit Number) Sapphire Lakes Plant WWTP #1 01:20 PM 07/02/14 02/10/01 Exit Time/Date Permit Expiration Date 1600 US Hwy 64 W Sapphire NC 28774 01:50 PM 07/02/14 07/08/31 Name(s) of Onsite Representative(s)/Titles(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 Darnall W Boyd,PO Box 130 Sapphire NC 28774//828-966-9200/828966406gntacted 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) Agency/Office/Phone and Fax Numbers Date Wanda P Frazier ARO WQ//828-296-4500 Ext.4662/ Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date CIA I r EPA Form 3560-3 (Rev 9-94) Previous editions are obsolete. Page # 1 N N NPDES yr/mo/day Inspection Type (cont. 1 3I NCO059421 I11 12I 07/02/14 I17 18ICI 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 11-30-2006 by Don Price. 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 = 8.7 degrees Celcius Dissolved Oxygen = 7.0 mg/I Tip: The ideal level for dissolved oxygen in the aeration basin is generally 1 to 3 mg/l. Seasonal changes in temperature require the adjustment of the aeration timer to achieve ideal dissolved oxygen levels. Settleable Solids = 200 ml/I = 20% Tip: Using the settleability test, the return sludge pumping rate is usually set so that the flow rate is approximately equal to the percentage volumes occupied by the settleable solids from the aeration basin after settling for 30 minutes in a settleometer. For example, a settleability of 30% would generally indicate a recommended return sludge pumping rate of 30%. Having the percent settleable solids (i.e. 30%) the same as the percent return sludge pumping rate (i.e. 30%), allows for the solids balance in the plant to be maintained. If the plant cannot handle that return sludge pumping rate, then wasting is probably recommended. pH = 6.8 units The effluent data was as follows on the day of the inspection. Dissolved Oxygen = 4.6 mg/I Temperature = 6.4 degrees Celcius Chlorine = < 20 ug/I pH = 6.9 units Wesley Royal & Angie McCall, the contract operators, were 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 operators are doing a good job. Page # 2 Permit: NCO059421 Owner - Facility: Sapphire Lakes Plant VVVVTP #1 Inspection Date: 02/14/2007 Inspection Type: Compliance Evaluation Permit Yes No NA NE (If the present permit expires in 6 months or less). Has the permittee submitted a new application? n n ■ n Is the facility as described in the permit? ■ n n n # Are there any special conditions for the permit? ❑ ■ n n Is access to the plant site restricted to the general public? ■ n n n Is the inspector granted access to all areas for inspection? ® n ❑ 01 Comment: Equalization Basins Yes No NA NE Is the basin aerated? ■nnn Is the basin free of bypass lines or structures to the natural environment? ® ❑ ❑ n Is the basin free of excessive grease? ® n n fl Are all pumps present? ® n n n Are all pumps operable? ® n n n Are float controls operable? n fl ® n Are audible and visual alarms operable? ® n n n # Is basin size/volume adequate? ®n n ❑ Comment: Aeration Basins Yes No NA NE Mode of operation Ext. Air Type of aeration system Diffused Is the basin free of dead spots? ®n n n Are surface aerators and mixers operational? ❑ n ® n Are the diffusers operational? a ■ n n n Is the foam the proper color for the treatment process? ® n O ❑ Does the foam cover less than 25% of the basin's surface? ■ n 1-1 n Is the DO level acceptable? ■ n n n Is the DO level acceptable?(1.0 to 3.0 mg/1) ❑ n ■ n Comment: Secondary Clarifier Yes No NA NE Is the clarifier free of black and odorous wastewater? ®❑ n ❑ Is the site free of excessive buildup of solids in center well of circular clarifier? ■ n n n Page # 3 r Permit: NCO059421 Inspection Date: 02/14/2007 Secondary Clarifier Are weirs level? Is the site free of weir blockage? Is the site free of evidence of short-circuiting? Is scum removal adequate? Owner - Facility: Sapphire Lakes Plant wWTP #1 Inspection Type: Compliance Evaluation Is the site free of excessive floating sludge? Is the drive unit operational? Is the return rate acceptable (low turbulence)? Is the overflow clear of excessive solids/pin floc? Is the sludge blanket level acceptable? (Approximately'/ of the sidewall depth) Comment: Disinfection -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: Type of system ? Is the feed ratio proportional to chlorine amount (1 to 1)? Is storage appropriate for cylinders? # Is de -chlorination substance stored away from chlorine containers? Comment: Are the tablets the proper size and type? Are tablet de -chlorinators operational? Number of tubes in use? Comment: Operations & Maintenance Is the plant generally clean with acceptable housekeeping? Yes No NA NE ■nnn ■❑❑❑ ■nnn ■❑nn ■❑❑❑ ■n❑n Tablet ■❑o❑ Yes No NA NE ■n❑n Page # 4 *0 M Permit: NCO059421 Owner - Facility: Sapphire Lakes Plant WWTP #1 Inspection Date: 02/14/2007 Inspection Type: Compliance Evaluation Operations & Maintenance Yes No NA NE Does the facility analyze process control parameters, for ex: MLSS, MCRT, Settleable Solids, pH, DO, Sludge ■ ❑ ❑ ❑ Judge, and other that are applicable? Comment: Page # 5 North Carolina Department of Michael F. Easley, Governor William G. Ross Jr., Secretary )nment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality February 19, 2007 FM M E Ken Wheat U u r c u z- 1 /-uU/ LJ A&D Water Service Inc t ' PO Box 1407` '� "` WATER QUALITY SECTION Pisgah Forest, NC 28768-1407 ; ASHEVILLE REGIONAL OFFICE N. • r.' ' v ��:. _-..rn:rr�.:.�!ar:_-=.r.}:.a. t��:sra�,:a:.+r..:�ti:.::.�.. .^ ,' . SUBJECT: Payment Acknowledgment d. .. A Civil Penalty Assessment Sapphire Lakes Plant WWTP #1 Permit Number: NCO059421 Case Number: LM-2007-0004 Transylvania County Dear Mr. Wheat: This letter is to acknowledge receipt of check number 5103 in the amount of $226.82 received from you dated February 13, 2007. This payment satisfies in full the above civil assessment levied against the subject facility, and this case has been closed. Payment of this penalty in no way precludes future action by this Division for additional violations of the applicable Statutes, Regulations, or Permits. ' If you have any questions, please call Bob Guerra at 919-733-5083 Ext. 539. Sincerely, Carolyn Bryan cc: C-DW�i �Ashev`ille Regtonal!_O.ffice-Super-uisor�' Central Files 1617 Mail Service Center Raleigh, NC 27699-1617 (919) 733-7015 Customer Service 1 800 623-7748 No `hCarolina ,Nrta�ura!!y 5103 ® United A & ® WATER SERVICE, INC.. `° Community Bank P.O. BOX 1407 66-1167/531 PISGAH FOREST, NC 28768 \ 2/13/2007 - a PAY TO THE NCD ENR-Division of Water Quality 226,82 ORDER OF ** . ... Two Hundred Twenty -Six and 82/100****************************************************************************** DOLLARS' NCDENR-Division of Water Quality 1617 Mail Service Center 8 Raleigh, NC. 27699-1617 MEMO. A RIZED SIGNATURE NCO059421 11■ bF W ATF Michael F. Easley, Governor R�.: William G. Ross Jr.,.Sect�tary �:.. ..,,. .: .^-u,.., \Q (� North Carolina Department of Environtit,;.ment and Natural Resources [ , AlarUllv. Klimel�,. Director 'I 1 rvision o Wale.; Quality p `C a Asheville Regional Office SURFACE WATER PROTECTION CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Ken Wheat Sapphire Lakes Utility Company P..O. Box 130 Sapphire, North Carolina 28774 February 14, 2007 7006 0 0005 2459 6516 Subject: NOTICE OF VIOLATION. NOV-2007-LV-0092 Permit No. NCO059421 Sapphire Lakes Plant WWTP #1 Transylvania County Dear Mr. Wheat: A review of Sapphire Lakes Plant WWTP #1.'8 monitoring report for June 2006 showed.the following violation: Parameter Date Limit Value Reported Limit Type Value Coliform, Fecal MF, M- 06/20/06 400 #/100ml 600 #/100ml Daily FC Broth,44.5C ; Maximum 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. 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, Roger C. Edwards, Regional Supervisor Surface Water Protection Section Cc: WQ Asheville Files Asheville Regional Office WQ Central Files Bob Guerra, Enforcement Files Aubrey Deaver/ORC, A&D. Maintenance 2090 U.S. Highway 70, Swannanoa, N.C. 28778 828/296-4500 (Telephone) 828/299-7043(Fax) Customer Service 877-623-6748 Aulmalill _ Ane Carolina '0,0 O�G IIr1 v > lll..r�i�6 —1 Q 111� Michael F. Easley, Governor William G. Ross Jr.,. Secretary North Carolina Department of Environment and Natural Resources SURFACE WATER PROTECTION February 14, 2007 CERTIFIED MAIL RETURN RECEIPT REQUESTED - 7006 2150 0005 2459 6516 Alan W. Klimek, P.E. Director Division of Water Quality Asheville Regional Office Mr. Ken Wheat Sapphire Lakes Utility Company P.O. Box 130 Sapphire, North Carolina 28774 Subject: NOTICE OF VIOLATION NOV-2007-LV-0092 Permit No. NCO059421 Sapphire Lakes Plant WWTP #1 Transylvania County Dear Mr. Wheat: A review of Sapphire Lakes Plant WWTP #1's monitoring report for June 2006 showed the following violation: Parameter Date Limit Value Reported Limit Type Value Coliform, Fecal MF, M- 06/20/06 400 #/100ml 600 #/100ml Daily FC Broth,44.5C Maximum 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. 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, r L ii V Z__ Roger C. Edwards, Regional Supervisor Surface Water Protection Section Asheville Regional Office WQ Central Files Bob Guerra, Enforcement Files Aubrey Deaver/ORC, A&D Maintenance NoIlrthCarolina 2090 U.S. Highway 70, Swannanoa, N.C. 28778 828/296-4500 (Telephone) 828/299-7043(Fax) Customer Service 877-623-6748 Natur91i - �pF WATT,, Q r�O G Michael liEasley, Governor I� illiam G. ` oss Jr., Secret �—;�-,� ary North Carolina De artment f Q nvir iVMflt and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality Asheville Regional Office SURFACE WATER PROTECTION February 14, 2007 T CERTIFIED MAIL RETURN RECEIPT REQUESTED 7006 2150 0005 2459 6523 Mr. Ken Wheat Sapphire Lakes Utility Company P.O. Box 130 - Sapphire, North Carolina 28774 Subject: NOTICE OF VIOLATION NOV-2007-LV-0093 Permit No. NCO059421 Sapphire Lakes Plant WWTP #1 Dear Mr. Wheat: Transylvania County A review of Sapphire Lakes Plant WWTP #1's monitoring report for August 2006 showed the following violation: Parameter Date Limit Value Reported Limit Type Value Solids, Total Suspended % 08/08/06 45 mg/I 50 mg/I Daily Maximum 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. 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�, 1 t Roger C. Edwards, Regional Supervisor Surface Water Protection Cc: WQ Asheville Files WQ Central Files Bob Guerra, Enforcement Files Aubrey Deaver/ORC, A&D Maintenance ----2090 U.S. Highway 70, Swannanoa, N.C. 28778 828/296-4500 (Telephone) 828/299-7043(Fax) Customer Service 877-623-6748 NOrthCarolina- airrrall1l ` �.. . OF W ATFR • h 1 V � o � Michael P. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources SURFACE WATER PRO February 14, 2007 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7006 2150 0005 2459 6523 Mr. Ken Wheat Sapphire Lakes Utility Company P.O. Box 130 Sapphire, North Carolina 28774 Dear Mr. Wheat: Alan W. Klimek, P.E. Director Division of Water Quality Asheville Regional Office 10"r't Subject: NOTICE OF VIOLATION NOV-2007-LV-0093 Permit No. NCO059421 Sapphire Lakes Plant WWTP #1 Transylvania County A review of Sapphire Lakes Plant WWTP #1's monitoring report for August 2006 showed the following violation: Parameter Date Limit Value Reported Limit Type Value Solids, Total Suspended 08/08/06 45 mg/I 50 mg/I Daily Maximum 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. 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, J Roger C. Edwards, Regional Supervisor Surface Water Protection WQ Central Files Bob Guerra, Enforcement Files Aubrey Deaver/ORC, A&D Maintenance No�rthCarolina 2090 U.S. Highway 70, Swannanoa, N.C. 28778 828/296-4500 (Telephone) 828/299-7043(Fax) Customer.Service 877-623-6748 �7atCarol�n Michael F. Easley, Governor ',Wtlliam,C Ross k-,zSecretary North Carolina Department of `EnvironMent nd tural Re .4.yrG .' Alan ps KliLek�P.E. iiZctor D isioyeterMtialily ~Asheville Regional Office Surface Water Protection February 7, 2007 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7006 2150 0005 2459 6905 Mr. Ken Wheat Sapphire Lakes Utility Company P. O. Box 130 Sapphire, North Carolina 28774 SUBJECT: Notice of Violation and Assessment of Civil Penalty for Violations of North Carolina General Statute (G.S.) 143-215.1(a)(6) and NPDES Permit NCO059421 Sapphire Lakes Plant- WWTP #1 Case No. LM-2007-0004 Transylvania County Dear Mr. Wheat: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $226.82 ($100.00 civil penalty + $126.82 enforcement costs) against Sapphire Lakes Utility Company. This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report (DMR) submitted by Sapphire Lakes Utility Company for the month of July 2006. This review has shown the subject facility to be in violation of the discharge limitation for Fecal Coliform bacteria and the monitoring requirements for Total Residual Chlorine found in NPDES Permit NC0059421. The violations which occurred in July 2006 are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that Sapphire Lakes Utility Company violated the terms, conditions or requirements of NPDES Permit NCO059421 and G.S. 143- 215.1(a)(6) in the manner and extent shown in Attachment A. In accordance with the maximums established by G.S. 143-215.6A(a)(2), a civil penalty may be assessed against any person who violates the terms, conditions or requirements of a permit required by G.S. 143-215. 1 (a). Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Quality, I, Roger C. Edwards, Division of Water Quality Regional Supervisor for the Asheville Region, hereby make the following civil penalty assessment against Sapphire Lakes Utility Company: 2090 U.S. Highway 70, Swannanoa, NC 28778 Phone: (828) 296-4500 FAX:299-7043 Customer Service 1- 800 623-7748 I of 1 violation of G.S. 143-215. 1 (a)(6) and NPDES Permit No. 100.00 NC0059421, by discharging waste water into the waters of the State in violation of the Permit Daily Maximum limit for Fecal Coliform. 4 Of 4 violations of G.S. 143-215. 1 (a)(6) and NPDES Permit 0.00 No.NC0059421, for failure to monitor Total Residual Chlorine 2x/week. $100.00 TOTAL C1VIL PENALTY $126.82 Enforcement Costs $226.82 TOTAL AMOUNT DUE Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 143B- 282. 1 (b), which are: (1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation; (2) The duration and gravity of the violation; (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; (6) Whether the violation was committed willfully or intentionally; (7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and (8) The cost to the State of the enforcement procedures. Within thirty days of receipt of this notice, you must do one of the following: Submit payment of the penalty: Payment should be made directly to the order of the Department of Environment and Natural Resources (do not include waiver form). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). Please submit payment to the attention of: Point Source Compliance/Enforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 OR 2. Submit a written request for remission or mitigation including a detailed justification for such request: Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Because a remission request forecloses the option of an administrative hearing, such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation and agreement that no factual or legal issues are in dispute.. Please prepare a detailed statement that establishes why you believe the civil penalty should be remitted, and submit it to the Division of Water Quality at the address listed below. In determining whether a remission request will be approved, the following factors shall be considered: (1) whether one or more of the civil penalty assessment factors in NCGS 143B-282.1(b) was wrongfully applied to the detriment of the petitioner; (2) whether the violator promptly abated. continuing environmental damage resulting from the violation; (3) whether the violation was inadvertent or a result of an accident; (4) whether the violator had been assessed civil penalties for any previous violations; or (5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Please note that all evidence presented in support of your request for remission must be submitted in writing. The Director of the Division of the Division of Water Quality will review your evidence and inform you of his decision in the matter of your remission request. The response will provide details regarding the case status, directions for payment, and provision for further appeal of the penalty to the Environmental Management Commission's Committee 'on Civil Penalty Remissions (Committee). Please be advised that the Committee cannot consider information that was not part of the original remission request considered by the Director. Therefore, it is very important that you prepare a complete and thorough statement in support of your request for remission. In order to request remission, you must complete and submit the enclosed "Request for Remission of Civil Penalties, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form within thirty (30) days of receipt of this notice. The Division of Water Quality also requests that you complete and submit the enclosed "Justification for Remission Request." Both forms should be submitted to the following address: Point Source Compliance/Enforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 3. File a petition for an administrative hearing with the Office of Administrative Hearings: If you wish to contest any statement in the attached assessment document you must file a petition for an administrative hearing. You may obtain the petition form from the Office of Administrative Hearings. You must file the petition with the Office of Administrative Hearings within thirty (30) days of receipt of this notice. A petition is considered filed when it is received in the Office of Administrative Hearings during normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for official state holidays. The original and one (1) copy of the petition must be filed with the Office of Administrative Hearings. The petition may be faxed - provided the original and one copy of the document is received in the Office of Administrative Hearings within five (5) business days following the faxed transmission. The mailing address for the Office of Administrative Hearings is: Office of Administrative Hearings 6714 Mail Service Center Raleigh, North Carolina 27699-6714 Telephone (919) 733-2698 Facsimile: (919) 733-3478 and Mail or hand -deliver a copy of the petition to: General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh, North Carolina 27699-1601 Please indicate the case number (as found on page one of this letter) on the petition. Failure to exercise one of the options above within thirty (30) days of receipt of this letter, as evidenced by an internal date/time received stamp (not a postmark), will result in this matter being referred to the Attorney General's Office for collection of the penalty through a civil action. Please be advised that additional penalties may be assessed for violations that occur after the review period of this assessment. If you have any questions, please contact Janet Cantwell of the Asheville Regional Office at 828- 296-4500. Sincerely, `� Roger C. Edwards, Regional Supervisor Surface Water Protection Asheville Regional Office ATTACHMENTS h�ville File�w/t3a WQ Central Files w/ attachments Bob Guerra, Enforcement Files w/ attachments Aubrey Deaver/A&D Maintenance w/ attachments JUSTIFICATION FOR REMISSION REQUEST DWQ Case Number: LM-2007-0004 County: Transylvania Assessed Party: Sapphire Lakes Utility Company #1 Permit No.: NC0059421. Amount Assessed: $226.82 Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission, Waiver of Right to, an Administrative Hearing, and Stipulation of Facts" form to request remission of this civil penalty. You should attach any documents that you believe support your request and are necessary for the Director to consider in evaluating your request for remission. Please be aware that'a request for remission is limited to consideration of the five factors listed below as they may relate to the ,reasonableness of the amount of the civil penalty assessed. - Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 143B-282.1(c), remission of a civil penalty may be granted only when one or more of the following five factors applies. Please check each factor that you believe applies to your case and provide a detailed explanation, including copies of supporting documents, as to why the factor applies (attach additional pages as needed). _. (a) one or more of the civil penalty assessment factors in N.C.G.S.' 143B-282. 1 (b) were wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil penalty assessment document); (b) the violator promptly abated continuing environmental damage resulting from the violation (i.e., explain the steps that you took to correct the violation and prevent future occurrences); (c) the violation was inadvertent or a result of an accident (i.e., explain why the violation was unavoidable or something you could not prevent or prepare for); (d) the violator had not been assessed civil penalties for any previous violations; _ (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions (i. e., explain how payment of the civil penalty will prevent you from performing the activities necessary to achieve compliance). EXPLANATION: db STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES COUNTY OF TRANSYLVANIA IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADNIINSTRATIVE HEARING AND SAPPHIRE LAKES UTILITY COMPANY ) STIPULATION OF FACTS PERMIT NO. NCO059421 ) FILE NO. LM-2007-0004 Having been assessed civil penalties totaling $226.82 for violations as set forth in the assessment document of the Division of Water Quality dated February 7, 2007, the undersigned, desiring to seek remission of the civil penalty, does hereby waive the right to an administrative hearing in the above -stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the director of the Division of Water Quality within thirty (30) days of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after (30) days from the receipt of the notice of assessment. This the day of TELEPHONE SIGNATURE 20 ATTACHMENT A A&D Water Service Inc CASE NUMBER: LM-2007-0004 PERMIT: NCO059421 FACILITY: Sapphire Lakes Plant WWTP #1 COUNTY: Transylvania REGION: Asheville Limit Violations MONITORING OUTFALL/ VIOLATION UNIT OF CALCULATED % OVER PENALTY REPORT PPI LOCATION PARAMETER DATE FREQUENCY MEASURE LIMIT VALUE LIMIT VIOLATION TYPE $10D,00 7-2006 001 Effluent FEC COLI 07/27/06 Weekly #/100ml 400 600 50.00 Daily Maximum Exceeded Monitoring Violations MONITORING OUTFALL/ VIOLATION UNIT OF CALCULATED % OVER PENALTY REPORT PPI LOCATION PARAMETER DATE FREQUENCY MEASURE LIMIT VALUE LIMIT VIOLATION TYPE $.00 7-2006 001 Effluent CHLORINE 07/08/06 2 X week ug/I Frequency Violation $.00 7-2006 001 Effluent CHLORINE 07/15/06 2 X week ug/I Frequency Violation $.00 7-2006 001 Effluent CHLORINE 07/22/06 2 X week ug/I Frequency Violation $.00 7-2006 001 Effluent CHLORINE 07/29/06 2 X week ug/I Frequency Violation I. ' DIVISION OF W QUALITY -CIVIL PENALTY AS�L�SS'1CIENT (FILE) Violator: Sapphire Lakes Utility Company (WWTP # 1) County: Transylvania Case Number: LM-2007-0004 ASSESSMENT FACTORS 1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation; The facility's daily maximum value for Fecal.Coliform bacteria exceeded the permit limitations by 50% on July 27, 2006. In addition, A & D Water Service, Inc. failed to monitor for Total Residual Chlorine during the weeks of July 8, 15, 22 and 29, 2006, as required in the NPDES permit. 2) The duration and gravity of the violation; The Fecal Coliform bacteria concentration from the sample collected of the effluent on July 27, 2006, was sufficiently high to cause the facility to violate the permitted daily maximum concentration of 400 colonies/100 ml. In addition, A & D Water Service, Inc. failed to monitor for Total Residual Chlorine during the weeks of July 8, 15, 22 and 29, 2006, as -required in the NPDES permit. 3) The effect on ground or surface water quantity or quality or on air quality; Damage to the receiving stream was not quantified. 4) The cost of rectifying the damage; The cost of rectifying the damage is unknown. 5) The amount of money saved by noncompliance; The amount of money saved by noncompliance is the cost associated with operational adjustments and/or chemical usage. 6) Whether the violation was committed willfully or intentionally; The violation does not appear to be willful or intentional. 7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and During the period 7/01/2005 through 6/30/2006, there were 5 NOVs and 1 enforcement for $325.00. 8) The cost to the State of the enforcement procedures. $126.82 2-/7 /,0 1 C� ate RogerV . Edwards, Regional Supervisor Surface Water Protection Asheville Regional Office t P(FL; E le NCO059421 001 .f NPDES PERMIT NO. DISCHARGE NO. MONTH FACILITYNAME Sapphire Lakes I LASS II. COUNTY T ansylvania OPERATOR IN RESPONSIBLE CHARGE (ORC)�1�'���` GRADE PHONE828-884-9 772 CERTIFIED LABORATORIES (1) Environmenatl <TpstinR (2) \ ('111-:('K BOX 1F ORC HAS CHANGED 0 PERSON(S) COLLECTING SAMPLES_ �t l ORIGINAL and ONE COPY to: Al"I N: CI-'N7•RAL FILES x _� r DIVISION OF WATER QUALITY (SIGNATURE -OF OPERATOR IN RESPONSIBLE CHARGE) D E 1617 MAJI. SERVICE CENTER BY THIS I I RALEIGH. INC 27699-1017 ACCURATE AND COMPLETE TO THE BEST OF MY KNOWLEDGE. T�5 00010 00400 500¢Q 00310 00610 00530 31616 00300 00600 00665 _ x,,, a r ENTER PARAMETER CODEABOVE d Z;j 2Z NAME AND I!NITS BE_ 1LZ O C) o C Vp F Z Q V O` ` 0 9 a J O N F O W E p C y, ` y1'-- 'r��Z D ?�T W 2 M W U W � r r- 2, L G ti IIRS 1i s M�'B/N MGD O C UNITS UG/L MG/L MG/L MG/L N/100MI-N1G/L MG/L MG/I. 1� � r r r i (. i _I +1 7 �ci� .tse )•v; L.. ati �1 I ,rai I i r "yJ• -� +z - G` !. c:' Ord<<E•: : r ' .:.�.� IL:1 O f 4�Y. i I I UALIT cECTI N� . 0ev IC) '*�l - �) , , _ r U �1 i ;cf� I _I !� •tx.1, ............... 120 T nl �. J v 26 2711 'VERAG6 P.1 may. ..... ..... .:.. 77 c.G/ rr 7, `l is i .:.:i. i `I,,,5.:. {:i'..mow �:I. 'i'i }L:i MA XNIMUM. ti..rjG .i:. . 3q 1� �I+nll+!Lunn -025 - 6/9 1 1 30 - 30 001 - DWQ Form MR-1 (01/00) Facility i tatus: (Please check one of the following) All monitoring data and sampling frequencies meet permit requirements El Compliant All monitoring data and sampling frequencies do NOT meet permit requirements Noncompliant and a time -!cable for improvements tobe made. "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." Sapphire Lakes I ....... •, P��ease print or type A & D Maintenance, Inc. Signature ofPermittee** , Date P.O. Box 14 0 7 . (Required) Pisgah Forest, NC 28768 Permiace Address Phone Number Permit Exp. Date 828-884-9772 PARAMETER CODES 00010 Temperature �00556 Oil & Grease , . 00951 Total Fluoride 01067 Nickel 50060 Total 00076 Turbidity' 00600 Total Nitrogen. ,' 01002 Total Arsenic 01077 Silver Residual ('0080 Color (Pt -Co) 00610 Ammonia Nitrogen 01092 Zinc Chlorine W082 Color (ADMI) 00625 Total Kjeldhal 01027 Cadmium 01105 Aluminum Nitrogen W095 Conductivity (X)300 Dissolved Oxygen (XJ310 BOD5 4)340 COD (X)400 pH (X)530 Total Suspended Residue iX)545 Settleable Matter 00630 Nitrates/Nitrites 01032 Hexavalent Chromium 01034 Chromium 00665 'Total Phosphorous 00720 Cyanide 00745 Total Sulfide 00927 Total Magnesium 00929 Total Sodium 00940 Total Chloride 01037 Total Cobalt 01042 Copper 01045 Iron 01051 Lead 01062 Molybdenum 01147: Total Selenium 31616 Fecal Coliform 32730 Total Phenolics 34235 Benzene 34481 Toluene 38260 MBAS 39516 PCBs 50050 Flow 71880 Formaldehyde 71900 Mercury 81551 Xylene Parameter Code assistance may obtained by calling the Point Source Compliance/Enforcement Unit at (919) 733-5083 or by visiting �hc Water Quality Section's web site at h2o.enr.state.nc.us/wqs and linking to the Unit's information pages. 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 15A NCAC 8G .0204. 1 f sieved by other than the permittee, delegation of signatory authority must be on file with the state per-15A NCAC 2B .0506 (b) �l (D). ft 0 1 7006 2150 00�'5 2459 6905 CO -.1m� m A a nm ii y� _m. y m 0 3 0.- -- �� No r� • ;' Environment 'Mi 2090 U.S. Highway 70, - .ram NCDENR KEN WHEAT SAPPHIRE LAKES UTILITY CO INC POST OFFICE BOX 130 SAPPHIRE NC 28774 ■ Cc —fete items 1, 2, and 3. Also complete si na re itE ;'if Restricted Delivery is desired. XT ■ Pririt your name and address on the reverse so that we can return the card to you. ec ived by (Printed Nary ■ Attach this card to the back of the mailpiece, _ D ent of . A North Caro i e - �� . Environment and Natural Resources:ss different from iterril-If ❑ es { 1i 2090 U.S. Highway 70, Swannanoa, Nc 28778aiveryaddress belowP� NCDENR f �� f`aI I ICFN WHEAT �)! o j><_ _ A I 3. SSee �Iece Type �j �; SAPPHIRE LAKES UTILITY CO INC V/RcertitiledMail��F eessMalI Pc,)ST OFFICE BOX 130 giste,'red etumReceiptfnrMerc andise SAP PH RE NC 28774 I ❑ Insured M `fl-O.O.D, — � l _— 4. Restricted Deiivery? (Extra Fee) mv%&k ' 1 7006 2150 0005 2459 6905 ? _ O GTfl PS'Form811, February 2004 Domestic Return Receipt 702595 o2-M-154o W A ] Michael F. Easley, Governor Q 9 so William G. Ross Jr., Secretary A a \� G North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director > _ =1 Division of Water Quality CL Ashev' eF�egtonalOffice SURFACE WATER PROTECTION h CERTIFIED MAIL RETURN RECEIPT REQUESTED Ken Wheat Sapphire Lakes Utility Company P.O. Box 130 - Sapphire, North Carolina 28774 Dear Mr. Wheat: January 29, 2007 7006 2160 0005 2459 6746 Subject: NOTICE OF VIOLATION NOV-2007-MV-0011 Permit No. NCO059421 Sapphire Lakes Plant WWTP #1 Transylvania County A review of Sapphire Lakes Plant WWTP #1's monitoring report for May 2006 showed the following violations: Parameter Date Measuring Frequency Violation Temperature, Water °C 05/20/06 5x/week Failure to monitor Temperature, Water °C 05/27/06 5x/week Failure to monitor 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. It was also noted that the Facility Status box 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. Sincerely, —, � v d.�, Roger C. Edwards, Regional Supervisor Surface Water Protection WQ Central Files Bob Guerra, Enforcement Files Aubrey Deaver/ORC-A&D Maintenance 2090 U.S. Highway 70, Swannanoa, N.C. 28778 828/296-4500 (Telephone) 828/299-7043(Fax) Custom er'Servi ce 877-623-6748 orth ne Carolina 7006 2150 0005 2459 6745 rr_ _m _ m_—m— ... �.� R, -- N � • Environme Ale 1A II 2090 U.S. Highway 7 NCDENR KEN WHEAT SAPPHIRE LAKES UTILITY CO INC POST OFFICE BOX 130 SAPPHIRE NC 28774 i I ■ Co—niete items 1, 2, and 3. Also complete A. Signature iti ) if Restricted Delivery is desired. Xt."� ❑ Agent ■ Priricyour name and address on the reverse t_ _ %�d� E ` so that we can return the card to you. B. Received by (Printed Namel--)) : D e o Delivery IS Attach this card to the back of the mailpiece, f,r-anAheJmnt-if_qnaGej2eCLilit6. — nt from ' m 1 l'es; �� North Carolina DepattI f fJi �r.;.' Environment and Natural Resodid'bebei�v�i O,�CQ 2090 U.S. Highway 70, Swannanoa, Nc;8 ! ��' 07 z —, i = r IICDE - _ Ln f KEN WHEAT 3. a iceT e SAPPHIRE LAKES UTILITY CO INC rtiflecl all IEVressMail POST OFFICE BOX 130 ❑ Registerei! Return Receipt forMW.Kandise '' ❑ Insured Mail SAPPHIRE NC 28774 4, Restricted DQliveryt.(DcUa:FeeJ= .7006 2150 0005 ; f FS`Form 3811,iFebruari 2004 i E Domestic Return Receipt 102595-02-M-1540 M M October 2, 2006 meeting with Aubrey Deaver- Talking points 1) ORC & Back-up ORC designations- most recent BIMS and TACU hard copy have Aubrey Deaver as ORC and Tom Kilpatrick as Back-up. Historical hard copies show Robert Orr as ORC until June 2006. DMR's submitted since June 2006 have Aubrey Deaver signing as ORC. 2) NOV issued as result of on -site inspection on Aug. 23, 2006. NOV for O&M and Record keeping. One Blower out of service during inspection, no report regarding blower operation. NOV response not received in ARO as of Show cause meeting. 3) Uncertifiedoperator visiting plant for past 3 months, on a daily basis, and the certified ORC visiting behind her, 1/week. 4) Does Mr. Deaver understand the Operator rules and requirements? F vv Michael F. Easley, Governor y William G. Ross Jr., Secretary t North Carolina Department of Environment and Natural Resources b_W-, September 27, 2006 CERTIFIED MAIL RETURN RECEIPT. REQUESTED '7005 3110 0003 5474 0417 Mr. Aubrey L. Deaver A & D Maintenance, Inc. Post Office Box 1407 Pisgah Forest, North Carolina 28768-1407 Subject: Show Cause Meeting Sapphire Lakes WWTP #1 NPDES Permit No. NCO059421 Transylvania County Dear Mr. Deaver: Alan W. Klimek, P.E. Director Division of Water Quality This letter is to notify you the Asheville Regional Office of the Division of Water Quality is requesting you attend a show cause meeting concerning the operation, maintenance, and record keeping for Sapphire Lakes WWTP #1, National Pollutant Discharge Elimination System (NPDES) Permit number NCO059421 located in Transylvania County. It has come to staff attention in the Asheville Regional Office that concerns were noted regarding data reported on Sapphire Lakes WWTP #1 NPDES Permit monthly discharge monitoring reports, and observations made during the most recent Compliance Sampling Inspection conducted on August 23, 2006. Environmental Testing Solutions is listed as the certified laboratory and you are listed as the Operator in Responsible Charge for this facility. You are requested to bring all information necessary to explain operation, maintenance, and reporting for Sapphire Lakes WWTP #1 for the past three (3) years in accordance with NCAC T15A 02B .0506 (c) (3). This is to include all Logs, and Process Control Bench sheets. NorthCarolina Nawrallif North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, NC 28778 Phone (828) 296-4500 Customer Service Internet: www.ncwaterquality.org FAX (828) 299-7043 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer— 50% Recycled/10% Post Consumer Paper w Mr. Deaver September 27, 2006 Page Two This Show Cause Meeting will be held in the conference room at Asheville Regional Office at 10:00 AM on October 2, 2006. Based on the information provided at this meeting a decision will be made as weather or not to refer this issue to the Chairman of the Water Pollution Control System Operators Certification Commission. If you have any questions concerning this matter, please contact Donald R. Price at 828/296-4500. Sincerely, Roger C. Edwards Regional Supervisor, Surface Water Protection Division of Water Quality xc: Jerry Rimmer, Technical Assistance & Certification Unit Supervisor Don Price co Li - ,gw Gary Francis to r11 7005 3110 0003 5474 0189 -I n; Zoe m aa. �•...am m W c ma m3 �o »a n • 0 o �_ gID C� C� m 9 G N G n� sm B to h�iN �17I1i;1'i' SAPPIIIRE I,Ahl%% irITI,FR' CO INC. .POST OFF]CE B(;X 1311 S:IPPIilit1'. NC 28774 . I low ■ Complete items "1;` , and 3. Also complete • . 'Q ature item 4 if Restricted Delivery is desired. X ` ■ Print your name and address on. the reverse so that we can return the card fo, you. ' ecei ed by (PrlritrNaml=)' ■ Attach this card to the back of the maiipiece, r - or on the front if space permits. " ' - D. Is delivery address differen em ' 1. Article Addressed to: If YESp6n, ter dellttery address bE 10'XV; j s � {� b Li SQSN SYifE:�T I ,A L:1b -S lrl'll,F -Y CO IN(.* BOX 130 Z .. _ 3. a ;e Type o 4 i Pinit6 NC 257 �- - Certified MailrR Registeredum rasa 1 al, eceij❑ Insured Ma 4. Restricted DeliVery?_(Extra F_ee)� 'mil 70115 l3110,10B03 It;54174 1Q5 �,s e �l(!JV= PS' Form 3811, February 20041 1 1 Domestic Return Receipt Of tif,. Merchandise „ ❑ Ye 102595-02-M-1540 r Michal F. Isley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality Asheville Regional Office SURFACE WATER PROTECTION September 15, 2006 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7005 3110 0003 5474 0189 Ken Wheat Sapphire Lakes Utility Company Inc PO Box 130 Sapphire NC 28774 Subject: NOTICE OF VIOLATION - RECOMMENDATION FOR ENFORCEMENT NOV-2006-PC-0398 Compliance Sampling Inspection Sapphire Lakes WWTP #1 Permit No. NCO059421 Transylvania County Dear Mr Wheat: Enclosed please find a copy of the report from the inspection conducted August 23, 2006 by James Reid and Don Price of the Asheville Regional Office. The treatment facility was found to be in violation of Permit NCO059421 for the following: Inspection Area Compliance Issue Aeration Basin Dissolved oxygen was 0.0 mg/I; Residents and management were complaining of odor from the facility. Settleable Solids 30-minute settleable solids were 930 ml/I Equalization Basin One of the float controls was hanging out of the equalization basin; basin was operating in a manner that created surges Operator Visits An un-certified "operator" stated that she had been operating . the plant for approximately 3 months and that the certified operator visited once per week. The operator -in -responsible - charge is required to visit "daily". 2090 U.S. Highway 70, Swannanoa, N.C. 28778 Telephone: 828/296-4500 FAX: 828/299-7043 Customer Service: 877/623-6748 One • NorthCarolina N44011Y so Inspection Area Compliance Issue . Failure to Properly Part II.C.2 of the facility's permit requires proper operation of all Operate facilities and systems. A dissolved oxygen concentration of zero, settleable solids of 930 ml/I, a sludge blanket of 7-9 feet in depth, and strong odors demonstrated failure to properly operate. Reporting The NC Administrative Code [15A.02B.0506(a)(2)] requires reporting of any failure that renders the facility incapable of adequate treatment. No such report was received from Sapphire Lakes Utility Company. .. Operational Log State Regulation (15A.NCAC.0506) requires maintenance of an operational log demonstrating visitation at the proper frequency, documentation of proper process control and notification to the owner in writing of conditions that need corrective action by the owner. Please refer to the enclosed Inspection Report for any additional observations and comments. The Asheville Regional Office is considering preparation of an enforcement action for the violations of permit conditions and regulations. Carefully review these violations and deficiencies and respond in writing to this office within fifteen working days of receipt of this letter. You should address the causes of noncompliance and all actions taken to prevent the recurrence of similar situations. Your explanation will be reviewed and if an enforcement action is still deemed appropriate, your explanation will be forwarded to the Director with the enforcement package for his consideration. If there are questions, please contact James Reid or Don Price at telephone number 828/296-4500. Sincerely, Roger C. Edwards, Regional Supervisor Surface Water Protection Attachment cc: Registered Agent (Columbia SC), w/ attachment - apphir - `akes Development (Sp , Ruff w/-attach WQ Central Files w/ a -ic�imenf Certification Commission w/ attachment Enforcement w/ attachment 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 1 51 31 NC0059421 Ill 121 06/08/23 117 181 C1 191 S1 201 11 Remarks 211111111.1 1111 11111111 I I II 111111111111 1111 111111 Li 6 Inspection Work Days Facility Self -Monitoring Evaluation Rating B1 CIA ----------------Reserved---------------- 671 169 70111 711 1 721 y 1 73 L U 74 751 1 1 1 1 1 1 1 80 �_� 1 Section B: Facility Data - Name and Location of Facility Inspected (For Industrial Users discharging to POTW, also include Entry Time/Date Permit Effective Date POTW name and NPDES permit Number) 12:00 P61 06/08/23 02/10/01 Sapphire Lakes TWITP ill Exit Time/Date Permit Expiration Date 1600 US Hwy 64 W Sapphire NC 28774 01:20 PIA 06/08/23 01 0 @.,31 Name(s) of Onsite Representative(s)/Tities(s)/Phone and Fax Number(s) Other Facility Data Aubrey Lewis Deaver/ORC/628-884-9772/ Name, Address of Responsible Official/Title/Phone and Fax Number Contacted Darnall W Boyd,PO Boy. 130 Sapphire NC 28" 4//a28-966-9200/8289664068I Section C: Areas Evaluated During Inspection (Check only those areas evaluated) Permit N Operations & Maintenance 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) Names) and Sig e(s) of Inspector(s) Agency/Office/Phone and Fax Numbers Date ARO WQ//828-296-4500 Ext.4651/ James R Reid , 7�(�7�p�/9 Don Price - ARO WQ//828-296-450e% Z nagement Q A Reviewer Agency/Office/Phone and Fax Numbers Date EPA Form A60-3 (Rev 9-94) Previous editions are obsolete. Page # 1 NPDES yr/mo/day Inspection Type (cont.) 1 NC00594_21 I11 12I 06/05 /23 117 18I G I Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) Aeration basin was barely mixed at the beginning of the inspection; the initial aeration basin oxygen concentrations (at three points across the basin) were each zero. After 30 minutes of aeration time the oxygen concentration in the basin rose to 0.12 mg/l. Timer was set at 30-on; 45-off. DWQ had not received notification of the aerator's failure; furthermore, the operator had not manually swithced to the fully functional blower. Despite the residents' and management' complaints of odor from the-pfiaht, there was no aeration in the flow equalization basin; one of the float controls was hanging out of the equalization basin; the operator could not explain the float being out of the basin. The equalization basin pumps were set so that they created surge flows into the aeration basin. Observations suggested that lime had been added to the facility to increase settleability prior to the inspectors' arrival. An un-certified individual (Angie McCall of A&D Maintenance, Inc.) arrived (after receipt of a call from Sapphire Lakes' personnel) and stated that she had been operating the facility for approximately 3 months and that Aubrey Deaver (the designated ORC) visited the facility approximately once per week. Ms. McCall stated the blower problem (resulting in the above described aeration basin oxygen concentrations of zero) had existed for "a couple of days". Mr. Deaver was unavailable for consultation as he was stated by Ms. McCall to be on vacation. Page # 2 Permit: N00059421 Owner - Facility: Sapphire Lakes WWTP #1 Inspection Date: 08/23/2006 Inspection Type: Compliance Evaluation Operations & Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? ■ ❑ ❑ ❑ Does the facility analyze process control parameters, for ex: MLSS, MCRT, Settleable Solids, pH, DO, Sludge ❑ ■ ❑ f_1 Judge, and other that are applicable? Comment: Had the operator measured settleable solids and dissolved oxygen, problems discovered by the inspectors would have been obvious to the operator who could have implemented remedial actions. Permit Yes No NA NE (if the present permit expires in 6 months or less). Has the permittee submitted a new application? n n ■ 0 Is the facility as described in the permit? ■ ❑ ❑ rl # Are there any special conditions for the permit? ❑ ❑ ■ fl Is access to the plant site restricted to the general public? ■ n n r� Is the inspector granted access to all areas for inspection? ■ n n n Comment: Equalization Basins Yes No NA NE Is the basin aerated? n ■ n C Is the basin free of bypass lines or structures to the natural environment? ®❑ 0 ❑ Is the basin free of excessive grease? ■ n n n Are all pumps present? ■ ❑ n n Are all pumps operable? n n ■ n Are float controls operable? n ❑ ■ [I Are audible and visual alarms operable? ❑ ❑ [l ■ # Is basin size/volume adequate? ■ n ❑ n Comment: Residents and management were complaining of odor; but there was not air in the flow equalization basin. The operator's representative could not explain why a float was hanging out of the basin. Secondary Clarifier Yes No NA NE Is the clarifier free of black and odorous wastewater? ■ ❑ ❑ ❑. Is the site free of excessive buildup of solids in center well of circular clarifier? El 0 ■ ❑ Are weirs level? ■ ri n n Is the site free of weir blockage? ■ n ❑ Is the site free of evidence of short-circuiting? ■ n n n Is scum removal adequate? ■ ❑ ❑ ❑ Page # 3 40 Permit: NCO059421 Owner - Facility: Sapphire Lakes WWTP #1 Inspection Date: 08/23/2006 Inspection Type: Compliance Evaluation Secondary Clarifier Yes No NA NE Is the site free of excessive floating sludge? ■ Is the drive unit operational? fl ❑ ■ ❑ Is the return rate acceptable (low turbulence)? ■ I1 ❑ ❑ Is the overflow clear of excessive solids/pin floc? ■ 0 ❑ ❑ Is the sludge blanket level acceptable? (Approximately % of the sidewall depth) ❑ ■ ❑ ❑ Comment: The sludge blanket was near the top of the clarifier; sludge judge indicated a blanket depth of 7-9 feet. The 30 minute settleable solids were 930 ml/I (explaining the measured sludge blanket). Aeration Basins Yes No NA NE Mode of operation Ext. Air Type of aeration system Diffused Is the basin free of dead spots? n ■ n n Are surface aerators and mixers operational? n n ■ n Are the diffusers operational? ■ n n n Is the foam the proper color for the treatment process? ■ 0 n Does the foam cover less than 25% of the basin's surface? ■ n n n Is the DO level acceptable? ❑ ■ n n Is the DO level acceptable?(1.0 to 3.0 mg/I) ❑ ■ n n Comment: One of the blowers was barley functional; there was practically no mixing in the aeration basin. Why had the "operator' not switched to the functional blower? Page # 4 f WATF Michael F. Easley, Governor CO R illiam G. Ross Jr., Secretary OC QG North Carolina Department %—v ment and Natural Resources rAlan W. Klimek, P.E. Director Division of Water Quality o -c September 13, 2006 SEP 1 5 200G Ken Wheat Sapphire Lakes Utility Company Inc 1 _, PO Box 130 Sapphire, NC 28774 SUBJECT: Payment Acknowledgment Civil Penalty Assessment Sapphire Lakes WWTP #1 Permit Number: NCO059421 Case Number: LM-2006-0034 Transylvania County Dear Mr. Wheat: This letter is to acknowledge receipt of check number 11502 in the amount of $325.00 received from you dated September 11, 2006. This payment satisfies in full the above civil assessment levied against the subject facility, and this case has been closed. Payment of this penalty in no way precludes future action by this Division for additional violations of the applicable Statutes, Regulations, or Permits. If you have any questions, please call Bob Guerra at 919-733-5083 Ext. 539. Sincerely, Carolyn Bryant cc: D Q sheviIle-Reg-ional_Office-Super siv or Central Files T,orthCarolina Naturally 1617 Mail Service Center Raleigh, NC 27699-1617 (919) 733-7015 Customer Service 1 800 623-7748 v'711ir-11-1�1�1�11'�� .............. A&®Maintenance, Inc. -/E171-z--1 ibTRIM%'173/41'/` �/�W7 P. . ox 4 isgah, orest, NC 28768 828-884-9772 Fax: 828-884-8632 September 7, 2006 171— �11 EC EH E ID Roger C. Edwards Division Of Water Quality 2090 US HWY 70 Swannanoa, NC 28778 RE: Permit No. NC0059421, NOV-2006-MV-01 15 Dear Mr. Edwards: PSEP - 8 2006 WATER QUALITY SECTION A --IEViLLE REGIONAL OFFICE A&D Maintenance, Inc. has replaced the operator at this facility. The current operations staff has been advised of the previous problems & trained to follow the permit requirements. I can be contacted at 828-884-9972. Sincerely, Aubrey L. Deaver 7005 0390 0001 3553 1190 F IN North Car Environment and ■ A- 2090 U.S. Highway 70, &,113 _�- NCDENR KEN WHEAT SAPPI-BRE LAKES UTiLITY CO INC POST OFFICE BOX 130 SAPPHIRE NC 28774 r A` �nvironment :-inf TO ,APP;--MZE 1.AkES UTILITY CO IiNC Pos-1- cjrFlcl P,()x 1 3,-;OF 0 S. A. Signature [7/Ag.nt 0-Addressee B. Redeived by (Printed Name) C. Date of Delivery D. Is delivery address different from, item 17 ' 0 Yes If YES, enter delivery address below: cko__ SAPP91-IRE NC 28774" 3 Service Type ')ECertified Mail 1:3 Express Mail egistered lq�eturn Receipt for Merchandise [3 Insured Mail C.O.D. 4.. Restricted Delivery? (Extra Fee) 0 Yes 1! 011 4�14 -Oo Z 2- 9�6 i bal 7005103 '.10"01 3553 119D 102595-02-M-154C' -PS Form.381 1:1 February 204 Domestic Return Receipt William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality Asheville Regional Office SURFACE WATER PROTECTION SECTION July 19, 2006 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7005 0390 00013553 1190 Mr. Ken Wheat Sapphire Lakes Utility Company Inc. PO Box 130 Sapphire, NC 28774 Subject: NOTICE OF VIOLATION NOV-2006-LM-0022 Permit No. NCO059421 Sapphire Lakes WWTP #1 Transylvania County Dear Mr. Wheat: A review of Sapphire Lakes WWTP #1's monitoring report for October 2005 showed the following violations: Parameter . Date Limit Value Reported Limit Type Value Fecal Coliform, 10/12/05 400 colonies 600 colonies Daily Maximum MF, M-FC Broth, /100ml /100ml Exceeded 44.5 degrees Celcius Parameter Date Measuring Frequency Violation Flow, in conduit or 10/08/05 Continuous Failure to monitor thru treatment plant Flow, in conduit or 10/09/05 Continuous Failure to monitor thru treatment plant No Carolina f�/ 2090 U.S. Highway 70, Swannanoa, N.C. 28778 828/296-4500 (Telephone) 828/299-7043(Fax) Customer Service 877-623-6748�llCldllf Mr. Ken Wheat Sapphire Lakes Utility Company Inc. July 19, 2006 Page 2 of 2 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. 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 Wanda Frazier at 828-296-4500 extension 4662. 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 Enclosure cc: Bob Guerra - NPDES Point Source Compliance Enforcement Wanda Frazier - ARO Asheville-RO - facility WQ Central Files "� 700.5_- 0.390 0001 355.3 118!3 • North Caroll Environment and IN 2090 U.S. Highway 70, Swan ICES UTILITY CO INC BOX 1 01 {"3 28774 ■ Complete items 1, 2, and. 3. Also complete A. Signature item 4 if Restricted Deliveryis desired. X �? �`I I A ent ■ Print your name and address on the reverse tQ �Va-- ❑ Addressee so that;we, can return the card to you. B. C. Date of Delivery ■ Attach this card to the back -of the mailniece" _ �� F,esn;.�rces' North aioiina Departr.-n,..: of � 2' _ different from item 1? ❑des 1 •- „ Environme?u:�nd 1;2i.urai 2090 U. Highway 7C, _ r11�?� ]1� 3, N _"8%7Sery address below: No �y ..m,�ac •� CDE - _ _ 3eSe,',.,e,T ype,'�.@'PIHI%I_" I_I KIFS 'U? U Ty d�-fj I mo,'fiedMail )S T OF ICE BOX 1_50,, �istered , F' H I R E lNj'C 28774 ❑ Insured Mail — — - -- - --- 4. Restricted Delivery? ❑. Express Mail —_ Return Receipt for Merchandise C.O.D. tra Fee) El CC 70p . 0390 :� �001 3553 �11!83� ! /wiv of, PS' Form 3811; Febr"uary 2004 'Domestic Return Receipt 102595-02-M-1540- Michael F. Easlev. 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 SECTION July 19, 2006 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7005 0390 00013553 1183 Mr. Ken Wheat Sapphire Lakes Utility Company Inc. PO Box 130 Sapphire, NC 28774 Dear Mr. Wheat: Asheville Regional Office F I L Subject: NOTICE OF VIOLATION NOV-2006-MV-0125 Permit No. NCO059421 Sapphire Lakes WWTP #1 Transylvania County A review of Sapphire Lakes WWTP #1's monitoring report for December 2005 showed the following violations: Parameter Date Measuring Frequency Violation Dissolved Oxygen 12/10/2005 Weekly Failure to monitor Dissolved Oxygen 12/17/2005 Weekly Failure to monitor 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. ort NhCarolina 2090 U.S. Highway 70, Swannanoa, N.C. 28778 828/296-4500 (Telephone) 828/299-7043(Fax) Customer Service 877-623-6748 Vawrally Mr. Ken Wheat Sapphire Lakes Utility Company Inc. July 19, 2006 Page 2 of 2 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 Wanda Frazier at 828-296-4500 extension 4662. 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, C' ZL /�Jzxm Roger C. Edwards, Regional Supervisor Surface Water Protection Section Enclosure cc: Bob Guerra - NPDES Point Source Compliance Enforcement Wanda Frazier -ARO r'Aieville--RO---facility-file--- WQ Central Files O� FR Michael F. Easley, Governor William G. Ross Jr., Secretary `Q G North Carolina Department of Environment and Natural Resources co - Alan W. Klimek, P.E. Director > —{ Division of Water Quality Asheville Regional Office SURFACE WATER PROTECTION SECTION July 20, 2006 CERTIFIED MAIL RETURN RECEIPT REQUESTED — 7005 0390 0001 3553 1206 Mr. Ken Wheat Sapphire Lakes Utility Company Inc. PO Box 130 Sapphire, NC 28774 SUBJECT: Notice of Violation and Assessment of Civil Penalty for Violations of North Carolina General Statute (G.S.) 143-215. 1 (a)(6) and NPDES Permit NC0059421 Sapphire Lakes Utility Company Inc. Sapphire Lakes WWTP #1 Case No. LM-2006-0034 Transylvania County Dear Mr. Ken Wheat: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $325.00 ($225.00 civil penalty + $100.00 enforcement costs) against Sapphire Lakes Utility Company Inc. This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report (DMR) submitted by Sapphire Lakes Utility Company Inc. for the month of November 2005. This review has shown the subject facility to be in violation of the discharge limitations and/or monitoring requirements found in NPDES Permit NC0059421. The violations which occurred in November 2005 are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that Sapphire Lakes Utility Company Inc. violated the terms, conditions or requirements of NPDES Permit NCO059421 and C.S. 143-215.1(a)(6) in the manner and extent shown in Attachment A. In accordance with the maximums established by G.S. 143-215.6A(a)(2), a civil penalty may be assessed against any person who violates the terms, conditions or requirements of a permit required by G.S. 143-215.1(a). Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Quality, I, Roger C Edwards, Division of Water Quality Regional Supervisor for the Asheville Region, hereby make the following civil penalty assessment against Sapphire Lakes Utility Company Inc.: j , 2090 U.S. Highway 70, Swannanoa, NC 28778 Phone: (828) 296-4500 FAX:299-7043 Customer Service 1- 800 623-7748 ATTACHMENT A Sapphire Lakes Utility Company Inc CASE NUMBER: LM-2006-0034 PERMIT: NCO059421 FACILITY: Sapphire Lakes WWTP #1 COUNTY: Transylvania REGION: Asheville Limit Violations MONITORING OUTFALL/ VIOLATION UNIT OF CALCULATED % OVER PENALTY REPORT PPI LOCATION PARAMETER DATE FREQUENCY MEASURE LIMIT VALUE LIMIT VIOLATION TYPE $100.00 11-2005 001 Effluent FEC COLI 11/17/05 Weekly #/100m1 400 600 50.00 Daily Maximum Exceeded $100.00 11-2005 001 Effluent RES/TSS 11/21/05 Weekly mgll 45 56 24.44 Daily Maximum Exceeded Monitoring Violations MONITORING OUTFALL/ VIOLATION UNIT OF CALCULATED % OVER PENALTY REPORT PPI LOCATION PARAMETER DATE FREQUENCY MEASURE LIMIT VALUE LIMIT VIOLATION TYPE $25.00 11-2005 001 Effluent TEMP-C 11/05/05 5 X week deg c Frequency Violation S� I of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No. $100.00 NC0059421, by discharging waste water into the waters of the State in violation of the Permit Daily Maximum limit for FECAL COLIFORM. 1 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No. $100.00 NC0059421, by discharging waste water into the waters of the State in violation of the Permit Daily Maximum limit for TOTAL SUSPENDED SOLIDS. 1 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No. $25.00 NC0059421, failure to monitor in accordance with permit for daily TEMPERATURE. $225.00 TOTAL CIVIL PENALTY $100.00 Enforcement Costs $325.00 TOTAL AMOUNT DUE Pursuant to G.S. 143-215.6A(c), in determining the amount of the -penalty I have taken into account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 143B-282.1(b), which are: (1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation; (2) The duration and gravity of the violation; (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; (6) Whether the violation was committed willfully or intentionally; (7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and (8) The cost to the State of the enforcement procedures. Within thirty days of receipt of this notice, you must do one of the following: 1. ' Submit payment of the penalty: Payment should be made directly to the order of the Department of Environment and Natural Resources (do not include waiver form). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). Please submit payment to the attention of. Point Source Compliance/Enforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 OR 2. Submit a written request for remission or mitigation including a detailed justification for such request: Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the vi6lation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Because a remission request forecloses the option of an administrative hearing, such a request must be accompanied by a waiver of your right to an administrative hearing and. a stipulation and agreement that no factual or legal issues are in dispute. Please prepare a detailed statement that establishes why you believe the civil penalty should be remitted, and submit it to the Division of Water Quality at the address listed below. In determining whether a remission request will be approved, the following factors shall be considered: (1) whether one or more of the civil penalty assessment factors in NCGS 143B-282.1(b) was wrongfully applied to the detriment of the petitioner; (2) whether the violator promptly abated continuing environmental damage resulting from the violation; (3) whether the violation was inadvertent or a result of an accident; (4) whether the violator had been assessed civil penalties for any previous violations; or (5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Please note that all evidence presented in support of your request for remission must be submitted in writing. The Director of the Division of the Division of Water Quality will review your evidence and inform you of his decision in the matter of your remission request. The response will provide details regarding the case status, directions for payment, and provision for further appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty Remissions (Committee). Please be advised that the Committee cannot consider information that was not part of the original ,remission request considered by the Director. Therefore, it is very important that you prepare a complete and thorough statement in support of your request for remission. In order to request remission, you must complete and submit the enclosed "Request for Remission of Civil Penalties, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form within thirty (30) days of receipt of this notice. The Division of Water Quality also requests that you complete and submit the enclosed "Justification for Remission Request." Both forms should be submitted to the following address: Point Source Compliance/Enforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 3. File a petition for an administrative hearing with the Office of Administrative Hearings: If you wish to contest any statement in the attached assessment document you must file a petition for an administrative hearing. You may obtain the petition form from the Office of Administrative Hearings. You must file the petition with the Office of Administrative Hearings within thirty (30) days of receipt of this notice. A petition is considered filed when it is received in the Office of Administrative Hearings during normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for official state holidays. The original and one (1) copy of the petition must be filed with the Office of Administrative Hearings. The petition may be faxed - provided the original and one copy of the document is received in the Office of Administrative Hearings within five (5) business days following the faxed. transmission. The mailing address for the Office of Administrative Hearings is: and Office of Administrative Hearings 6714 Mail Service Center Raleigh, North Carolina 27699-6714 Telephone (919) 733-2698 Facsimile: (919) 733-3478 Mail or hand -deliver a copy of the petition to General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh, North Carolina 27699-1601 Please indicate the case number (as found on page one of this letter) on the petition. Failure to exercise one of the options above within thirty (30) days of receipt of this letter, as evidenced by an internal date/time received stamp (not a postmark), will result in this matter being referred to the Attorney General's Office for collection of the penalty through a civil action. Please be advised that additional penalties may be assessed for violations that occur after the review period of this assessment. If you have any questions, please contact me or Wanda Frazier of the Asheville Regional Office at 828- 296-4500. Sincerely, �• "�J �L�' L'1i1/li Roger C. Edwards, Regional Supervisor Surface Water Protection Section Asheville Regional Office ATTACHMENTS cc, -Regional Supervisor-w/ attachments _ -- Bob Guerra NPDES Compliance Enforcement - w/ attachments Central Files w/ attachments r JUSTIFICATION FOR REMISSION REQUEST DWQ Case Number: LM-2006-0034 County: Transylvania Assessed Party: Sapphire Lakes Utility Company Inc. Permit Number: NC0059421 Amount Assessed: $325.00 Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of Facts " form to request remission of this civil penalty. You should attach any documents that you believe support your request and are necessary for the Director to consider in evaluating your request for remission. Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 143B-282.1(c), remission of a civil penalty may be granted only when one or more of the following five factors applies. Please check each factor that you believe applies to your case, and provide a detailed explanation, including copies of supporting documents, as to why the factor applies (attach additional pages as needed). (a) one or more of the civil penalty assessment factors in N.C.G.S. 143B-282.1(b) were wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil penalty assessment document); (b) the violator promptly abated continuing environmental damage resulting from the violation (i.e., explain the steps that you took to correct the violation and prevent future occurrences); (c) the violation was inadvertent or a result of an accident (i.e., explain why the violation was unavoidable or something you could not prevent or prepare for); (d) the violator had not been assessed civil penalties for any previous violations; (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions (i.e., explain how payment of the civil penalty will prevent you from performing the activities necessary to achieve compliance). EXPLANATION: STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES COUNTY OF TRANSYLVANIA IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) AHMINSTRATIVE HEARING AND STIPULATION OF FACTS SAPPHIRE LAKES UTILITY COMPANY INC. 1 PERMIT NUMBER NCO059421. ) FILE NUMBER LM-2006-0034 Having been assessed civil penalties totaling $325.00 for violation(s) as set forth in the assessment document of the Division of Water Quality dated July 20, 2006, the undersigned, desiring to seek remission of the civil penalty, does hereby waive the right to an administrative hearing in the above -stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the director of the Division of Water Quality within thirty (30) days of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after (30) days from the receipt of the notice of assessment. This the day of 720 SIGNATURE ADDRESS TELEPHONE DIVISION OF WQUALITY - CIVIL PENALTY AS"ENT (FILE) Violator: Sapphire Lakes Utility Company Inc. County: Transylvania Case Number: LM-2006-0034 ASSESSMENT FACTORS As required by G.S. 143-214.6A(c), in determining the amount of the penalty I considered the factors set out in G.S.143B-282.1(b), which are: 1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation; The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation is not quantifiable. All limits of the permit are considered to impact water quality. 2) The duration and gravity of the violation; There were two daily maximum limit exceedences. One was for fecal coliform and one was. for total suspended solids, which exceeded the permit limit by 50% on 11/17/2005 and 24.44% on 11/21/2005, respectively. In addition, there was a monitoring frequency failure for weekly temperature on 11/05/2005. 3) The effect on ground or surface water quantity or quality or on air quality; The effect on ground or surface water quantity or quality or on air quality was not measurable at the time of the violation. 4) The cost of rectifying the damage; The cost of rectifying the damage is the amount saved by not making chemical additions or operational changes. 5) The amount of money saved by noncompliance; The amount of money saved by noncompliance is not known. 6) Whether the violation was committed willfully or intentionally; The violation did not appear to be willful or intentional. 7) The prior record of the violator in complying or failing to comply with programs over which the . Environmental Management Commission has regulatory authority; and During the previous year, there have been three other NOVs issued for daily maximum permit limit exceedences. One was for total suspended solids (122% over the limit) on 4/13/2005, one for total residual chlorine (96% over the limit) on 6/21/2005 and one for fecal coliform (50% over the limit) on 10/12/2005. 8) The cost to the State of the enforcement procedures. Date Roger C. Edwards, Regional Supervisor Surface Water Protection Section Asheville Regional Office N 7005 03.90.0001 3553 1206. m m ,08 -Im O Om O c . 1 Furth Ca Environment an 2090 U.S. Highway 70,.Sn KEN !WHEAT' SAPPHIRE LAKES UTILITY CO INC POS-F OFFICE BOX 130 SAPPHIRE NC 28774 '�1415NDER` COMPLETE THISSECT!ON COMPLETE THISISECTION ON DELIVERY ■ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. A. Signature ` l� Agent X�\�^ I (� s Print your name and address on the reverse Addressee 'so that we can return the card to you. . ■ Attach this to the back the E Recei ed by_( P hied Name) �� C. D to of Delivery card of mailpiece, — fe r - -North C .>> o it a De JarbnE•1:: Ui; different from item 1? ❑ Yes 1' vmm�ent and I•iatu-z,1 ResvurcpsS ery address below: �- -- 2090 U.S. ;iigh--ra., 7), 6�.anr,.,nr•a "J _S718 WNK - 114, WHEJVF 13. Service Type :,PH I }Z ` LAKES rjUTILITY CO C Certified Mail ❑ Express Mail _ ^ ` � iF I C E BOX 130 _ 3 Q Registered Return Receipt for Merchandise El Insured Mail Return _ Fi l RE NC 28774 _ � 4. Restricted Delivery? (Extra Fee) ❑ Yes -- — 7005 0390 A001 3'553 ' !E06- PS Form 3811, February 2004 Domestic -Return Receipt 102595-02-M-1540 W A TF Achae `aF Easley, �GoYernor Pf Wiam G RoJr.,Secretary. North Carolina DepartmentEnvirom nt and IT.turaI Resources Alan W. Klimek, P.E. Director L .. —! Division of Water Quality Asheville Regional Office SURFACE WATER PROTECTION June 16, 2006 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7005 0390 0001 3553 0766 Ken Wheat Sapphire Lakes Utility Company, Inc. P.O. Box 130 Sapphire, North Carolina 28774 Subject: NOTICE OF VIOLATION NOV-2006-MV-0115 Permit No. NCO059421 Sapphire Lakes WWTP #1 Transylvania County Dear Mr.Wheat: M A review of Sapphire Lakes WWTP #1's monitoring report for February 2006 showed the following violation: Parameter Date Measuring Frequency Violation Nitrogen, Ammonia Total 02/28/2006 2X Month Frequency Violation 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 15 working days of receipt of this letter. You should address the causes of non - North Carolina 2090 U.S. -Highway 70, Swannanoa, N.C. 28778 828/296-4500 (Telephone) 828/299-7043(Fax) Customer Service 877-623-6748 Naturally C7 June 16, 2006 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, Roger C. Edwards, Regional Supervisor Surface Water Protection c�c WL',Q_A-sheville Files WQ Central Files Bob Querra, Point Source Compliance Enforcement Robert Orr/ORC, Environmental Testing 7005 03.90 0001 35.5.3 0766 m ri � F-1 J a m mm 5 M, _09-10 U-S: ., V+ KEN WHFAI > AP!'HHK: N(_ ?<8774 • • • • s • • ■ I^-,plete items 1, 2, and 3. Also complete A _ Slg lure 1. 4 if Restricted Delivery is desired. LQc-, l Print. your name and address on the reverse so that we can return -the card to you. B: Re — d b (Printed Name) C. [ different from Rem 1? ry address below: 13. Se1vert Type Certified Mail ❑ Insured ❑ express Mail Return Receipt for C.O.D. Agent Addressee of Delivery — — 4. Restricted Delivery? (Extra Fee) ❑ YeV — 70 S i• 0390 000_]; ` 3553 0766' '/46U_ U6("_ jnU : PS Form; 3811, F,ebrUary 2004 ; i : ! Domestic Return ;Receipt 102595-02-M-1540 1/___1 F W A TF ichael FE , Governor ,9 Tilia. G.., Secretary North Carolina Depl7nt of l i viroamemiandl Resources Alan W. Klimek, P.E. Director { -1 Division of Water Quality Asheville Regional Office SURFACE WATER PROTECTION June 9, 2006 CERTIFIED MAIL RETURN RECEIPT REQUESTED Ken Wheat Sapphire Lakes Utility Company Inc PO Box 130 Sapphire NC 28774 Subject: NOTICE OF VIOLATION NOV-2006-LV-0269 Permit No. NCO059421 Sapphire Lakes WWTP #1 Transylvania County Dear Mr Wheat: A review of Sapphire Lakes WWTP #1's monitoring report for April 2006 showed the following violations: Parameter Date Limit Value Reported Value Limit Type Coliform, Fecal MF, M-FC Broth,44.5C 04/04/06 400 #/100ml 600 #/100ml Daily Maximum 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. To prevent further action, carefully review these violations and deficiencies and respond in writing to this office within 30 working day 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 Mr. James Reid at 828/296-4500. Sincerely, Roger C. Edwards, Regional Supervisor Surface Water Protection Enclosure cc: WQ Central Files Danny Smith, Compliance Oversight 2090 U.S. Highway 70, Swannanoa, N.C. 28778 8281296-4500 (Telephone) 828/299-7043(Fax) Customer Service 877-623-6748 oPe Carolina NNaturally so N Postal r11 RECEIPT 7 .0 �' maii Oni ,,,,awA.QWerage Provided) `O mLrl .�. Ln rn Postage $ Certified Fee E O Postmark Return Receipt Fee r Here (Endorsement Required) C7 Restricted Delivery Fee 3-1 j Q' (Endorsement Required) ` - j rT'1 ' j En Total Postage &Fees Lrl IId Sent To L ` r ------------- 0 j r' Street Apt. No.; or PO Box No. J ------------------------------------------ j City, State, ZfP+4 ■ C lete items 1, 2, and, 3. Also complete A. Signature lit.-4 if Restricted,Delivery is desired. , g �4i-L7 Addressee ■ Print your'name and address on the revers-� B:c —ei ed-bY(3rnted Name) C. Dateof Delivery so that we can return the card to you. I, ■ Attach this card to the back of the mailpiecer or on the front if space permits. r Dr_Is delivery addrgss different from item 17 Yes YES, ej'tendelivery address below: 0' = m t.. Article Addressed to: �I p ,err r 0 71 3. S ice Type 'IT Certified Ma9 ❑. Express Mail !' ------ — i , _Registered, ; Return Receipt for Merch di ❑Insured Mail;,.O.D. _ -- - 4. Restricted Delivery? (Extra Fee) [:I Yes _ 1643;;;70d5034DiO i7 355CI ' Qi ZCa :FS Form 3811, Februa, ,2 04, 1 1 1 i Domestic Return Receipt 102595-02-M-1540 i 41�tr ii l,�„t.� ,� ,� 1� ._I-i;;_iJf ; - - ---- -- iii S do Ali EFENT V NPDES PERMIT No. NC0059421 DISCHARGE NO. 001 .—MONTH FACILITY NAME Sapphire Lakes I CLASS II COUNTY Transy la TOR IN RESPONSIBLE CHARGE (ORC OPERA GRADE .3-- PHONE828-884-9772 t 5tk CERTIFIED LABORATORIES (I.) Environmena 'l Test _�n�(2) (:IIF(*K BOX IF ORC HAS CHANGED PERSON(S) COLLECTING SAMPLES ,\bil ORIGINAL and ONE COPY to: ATTN: 0- , "NTRLAL FILES 5- cl 00 "; DIVISIO.OF WATER QUALITY (SIGNATURE OF OPERATOR IN RESPONSIBLE CHARGE) DATE IC)I7.*%Ll%IL SERVICE CENTER BY THIS SIGNATURE, I CERTIFY THAT THIS REPORT IS RALEIGH, INC 27699-1617 ACCURATE AND COMPLETE TO THE BEST OF MY KNOWLEDGE. DWQ Form MR -I (01/00) r-� A & D Water Service, Inc. P. O. Box 1407 Pisgah Forest, NC 28768 Phone (828) 884-9772 Fax (828) 884-8632 Roger Edwards NCDENR 2090 US Highway 70 Swannanoa, NC, 28778 January 17, 2006 RE: NOV Sapphire Lakes Utilities NPDES NCO059421 Dear Mr. Edwards: This will acknowledge receipt of you NOV letter dated 1-4-06. The damaged floc returned to normal in about 2 days. The failure to notify your office of abnormal conditions was an oversight by our Operator. The Operator has been reminded of this permit requirement. If you have any questions, please do not hesitate to call me a 828-884-9772 (office) or 828-507- 9853 (cell). cc: project file Sincerely, Aubrey Deaver President i 'l JAN L1 2 0 2006 j I� WATER QUALITY SECTION A H-MILL,= C_ FIvE x �Mic itch Easley, r'6-cr aryl N c''�''''Willia�n G. Moss Jr.,Secretary) North Carolina Department of Environmen0and Natural Resources: Alan W. Klimek, P.E. Director Division of Water Quality Asheville Regional Office SURFACE WATER PROTECTION January 4, 2006 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7005 0390 00013552 8640 Ken Wheat Sapphire Lakes Utility Company Inc PO Box 130 Sapphire NC 28774 Subject: NOTICE OF VIOLATION Compliance Evaluation Inspection Sapphire Lakes WWTP #1 Permit No. NCO059421 Transylvania County Dear Mr. Wheat: Enclosed please find a copy of the Inspection Report from the inspection conducted November 17, 2005. The Compliance Evaluation Inspection was conducted by James R. Reid and Starr Silvis of the Asheville Regional Office. The treatment facility was found to be in violation of Permit NCO059421 for the following: Inspection Area Compliance Issue Effluent Results The effluent BOD was 51 mg/I; TSS was 180 mg/l; Fecal was 4100. Reporting Part II.E.9 of the permit requires the facility to report abnormal conditions. The operator's log contained an entry for November 16, 2005 stating that floc was dead; the facility representative (Mr. Scotty Ruff) stated that a foreign substance had entered the plant. Part II.E.9 of the permit requires.the permit holder to notify the Division of Water Quality both verbally and in writing of such occurrences. No such notification has been received concerning the event of November 16-17, 2005. Please refer to the enclosed Inspection Report for any additional observations and comments. Each violation of a permit limitation or condition subjects the permit holderto the possibility of 2090 U.S. Highway 70, Swannanoa, N.C. 28778 Telephone: 828/296-4500 FAX: 828/299-7043 Customer Service: 877/623-6748 NorthCarolina Nat=a!!11 *a enforcement proceedings. Please respond in writing to this office within fifteen (15) working days of receipt of this letter. You should address the causes of noncompliance and all actions taken or planned to prevent the recurrence of similar situations. If there are questions, please contact Mr. James Reid or Ms. Starr Silvis at 828/296-4500. Attachment Sincerely, Roger C. Edwards, Regional Supervisor Surface Water Protection cc: A&D, w/ attachment WQ Central Files w/ attachment Enforcement w/ attachment i w A IkS. Postal Service,. 4WRTIFIED MAILTM RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) 0 F F � C 1. U S M Postage $ 17=1 certified Fee C3 M Return Receipt Fee C3 Posb&rk (Endorsement Required) D Restricted Delivery E3 R Fee ry z t R qu red) Er (Endorsement I M M Total Fees 1 tl Pt & $ Sent To - - - ------------------------------------- ----------------------- or PO Box No. ------------------------------------------------------------------------------------------ City, State, Z1P+4 PS Forin 3800, June 2002 See Reverse for Instructions E -C,'--,,Iete items 1, 2, and 3: Also complete. it., �IY _/If Restricted- Deliv' - -de--§i'red.-- neVersi in Printyour name and address, on the r j, so that we can return thedard- jo-you. N Attach this card to the back, of the maUlpiec or on the front if space permits. 1. Article Addressed to:.; 11-ju Ar P6 ,�c TUME Nc 2'g'774 1 LrLJ1 J A. Sigriature 1 X kA� I 6 0Agent , It- 16-A�dres'see — B. RA;6e!4�0 by,(Pfinted. Name) C. D e of eli/v�ery' D. Is delivery address different fronnAern Yes If YES, enter delivery address below. t4l., � U < Di 5 3.. ,,e ice Type Certified Mail . 1:1 press Mail Registered XRetum Receipt fot Merchandise Insured Mail 11 .0.6. 4. !Restricted Delivery? (Extra Fee)- ElNes 2.- Article Number' umber ' i (Pansferfontsj i17 0 01� P P] I P00j� I - PS Form 3811, Februdry 2004 Donnestic.Return Receipt 102595;02-M-1 540 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 tat 2 15I 31 NC0059421 111 121 05/11/17 117 181 CI 19I SI 201 Remarks 211IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII IIIIIII6 Inspection Work Days Facility Self -Monitoring Evaluation Rating 61 QA — --- ---- ---- Reserved -------- ------------ 67 I 169 70I_j 711 I 72 I q I 73 LLJ 74 751 I I I I I I 180 Section B: Facility Data Name and Location of. Facility Inspected (For Industrial Users discharging to POTW, also include Entry Time/Date Permit Effective Date POTW name and NPDES permit Number) Sapphire Lakes WWTp $1 02:00 PM 05/11/17 021'10/01 Exit Time/Date Permit Expiration Date 1600 US Hwy 64 W Sapphire NC 28374 03:00 PM 05/11/17 07/08/31 Name(s) of Onsite Rep resentative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data /// Robert E. Orr/ORC/828-884-9772/ Name, Address of Responsible Official/Title/Phone and Fax Number Contacted Darnall W Boyd,PO Box 130 Sapphire NC 28774//828-956-9200/8289664068 No Section C: Areas Evaluated During Inspection (Check only those areas evaluated) Permit ■Flow Measurement Operations & Maintenance 0 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 Signatt�re(s) of Inspector(s) Agency/Office/Phone and Fax Numbers Date James R Reid\_r;%� Qom. ARO tlQ//828-296-4500 rxt.4651/ �� ✓ Starr Sily s' ARO WQ//828-296-4500/ Signature of Management Q A RReviewer��jn Agency/Office/Phone and Fax Numbers Date t P EPA Form 3560-3 (Rev 9-94) Previous editions are obsolete. Page # 1 so NPDES yr/mo/day Inspection Type (Cont. ). 1 3dC005942_ I11 12I 05/11!1? I17 18 I ICI Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) Inspection was conducted with a representative of the owner; the operator is a contractor. All basins in the system contained a chocolate -brown, turbid liquid identical in appearance to the effluent stream. The 7 minute settleable solids in the aeration basin were 350 ml/l; the supernant was extremely cloudy. AThe operator's log indicated receipt into the plant of a foreign substance on November 16 (day preceeding inspection). The foreign material was stated to have caused the upset condition in the plant. Effluent sample results (grab): Parameter Sample Value Permit Limit BOD 51 mg/I 45.0 mg/I (da max) TSS 180 mg/I 45.0 mg/I (da max) Fecal 4100 counts 400 counts Page # 2 Permit: NCO059421 Inspection Date: 11/17/2005 Owner - Facility: Sapphire Lakes WWTP #1 Inspection Type: Compliance Evaluation Operations & Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? ■ ❑ n n Does the facility analyze process control parameters, for ex: MLSS, MCRT, Settleable Solids, pH, DO, Sludge ■ ❑ n n Judge, and other that are applicable? Comment: Permit Yes No NA NE (If the present permit expires in 6 months or less). Has the permittee submitted a new application? n 0 ■ n Is the facility as described in the permit? ■ n n n # 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 n Comment: Page # 3 )LINTY 'Jit•S�I LJlf�/ i t✓ r,�, /.. PRIORITY JER BASIN, 'I; 7-'lf' � -^t 6 n z. 1. 1 PORT TO: ARO FRO MRO RRO WaRO WiRO WSRO TS ❑AMBIENT Qp BM her ®COMPLIANCE ❑ CHAIN OF CUSTODY ey Ipped by; Bus Courier, ,t5 a17, th❑EMERGENCY LLECTOR(S): fr-.. I 6 r J { ;!mated ROD Range: 0-5/5-25/25-65/40-130 or 100 plus STATION LOCATION: - ad: Yes ❑ No ❑ Chlorinated: Yes ❑ No ❑ REMARKS: Man Date Begin (yy/mm/dd) Time Begin Date End 1 BODS 310' mg/! Chloride 940 2 COD fligh 340 mg/I Chi a: Trl 32217 3 COD Low .135 In g-/ F Chi a: Corr 32209 4 Collforms MF Fecal 31616 i7gUo /100ml Pheophytin a 32213 5 Coliform: MF Total 31504 /100ml Color: True 80 5 Coliform: Tube Fecal 31615 /100ml Color:(pH ) 83. 7 Coliform: Fecal Strep 31673 /100ml Color: pH 7.6 82 8 Residue: Total 500 mg/l Cyanide 720 Volatile 505 mg/1 Fluoride 951 10 Fixed 510 mg/1 Formaldehyde 71880 11 Residue: Suspended 530 o mg/I Grease and Oils 556 12 Volatile 535 m9/l Hardness Total900 13 Fixed 540 mg/I Specific Cond. 95 14 pf1 403 units MBAS 38260 15 Acidity to pH 4.5 436 mg/I Phenols 32730 16 Acidity to pli 8.3 435 n19/1 Sulfate 945 17 Alkalinity to pli 8.3 415 mg/I Sulfide 745 18 Alkalinity to pif 4.5 410 mg/1 19 TOC 680 mg/1 ;0 Turbidity 76 NTU SAMPLE TYPE ❑ STREAM ❑ LAKE ❑ ESTUARY CW3J EFFLUENT ❑ INFLUENT Lab Number: z' G') 4,c; Date Received: iJ 1 -C �' •mot � Time: Rec'd by: .; 1-:'s From: Bus-Courier-fiance-5-e1 DATA ENTRY BY: -T.AA.) CK: r/ � DATE REPORTED: Time End DeptDB DBM (Value type- () : A H L mg/1 ug/1 ug/1 ug/I Pt -Co ADMI ADMI mg/I mg/1 mg/1 mg/1 mg/I uMh o s/c m 2 NH3 as N 610 mg/I TKN as N 625 mg/I NO2 plus NO3 as N 630 mg/! P: Total as P 665 mg/I PO4 as P 70507 mgA P: Dissolved as P 666 mg/I Cd-Cadmium 1027 ug/1 Cr-Chromium:Total1034 ugA Cu-Copper 1042 ug/1 Ni-Nickel 1067 ug/I Pb-Lead 1051 ug/I Zn-Zlnc 1092 ug/I Ag-Sliver 1077 ug/l AI -AI'- m 1105 ug/I Be -Beryllium 1012 ug/I Ca -Calcium 916 mg/I Co -Cobalt 1037 u9/1 Fe -Iron 1045 ug/I n osite Sample T P p T S B C,( GNXX L!-Lithium 1132 1 J ug/I Mg -Magnesium 927 mg/I Mn-Manganese 1055 ug/I Na-Sodium 929 mg/1 Arsenic:Total 1002 ug/1 Se-Selenlum 1147 ug/l Hg-Mercury 71900 ug/l Organochlorine Pesticides Organophosphorus Pesticides I I Acid Herbicides I IBase/ Neutral Extractable Organics Acid Extractable Organics Purgeable Organics (VOA bottle reg'd) Phytoplankton -ling Point % Conductance at 25 C Water Temperature (C D.O. mgA pHT Alkalinity pH4.5 Acidity pH4.5 pH 8.3 Air Temperature (C) 94 Salinity % 10 Precipition Or/day) 3110 . Cloud Cover R 400431 Wind Direeverity Turbidity Severity 82243 82242 2Q Wind Velocity M/fi can Stream Depth ft. Stream Width ft. 480 45 32 361350 35 64 4 Revised 10/86 1) Sapphire Lakes Plant WWTP #1 Case Number: LV-2017-0289 i �e ASSESSMENT FACTORS COPY The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation; All effluent violations may be detrimental to the receiving stream but may not be immediately quantified. 2) The duration and gravity of the violation; One Daily Max BOD exceeded the permit limit by 24.44%. One Daily Max TRC exceeded the permit limit by 132.14%. 3) The effect on ground or surface water quantity or quality or on air quality; All effluent violations may be detrimental to the receiving stream but may not be immediately quantified. 4) The cost of rectifying the damage; The cost is unknown. 5) The amount of money saved by noncompliance; The amount of money saved is unknown. The amount of money saved would include the cost of excess solids removal and additional aeration. It would also include more operating and maintenance time on site and the cost of additional chemical treatment. The amount of money saved would include the cost of collection of the additional samples and the cost of analyzing them at a certified lab. 6) Whether the violation was committed willfully or intentionally; It does not appear to be either. 7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and There has been one civil penalty enforcement in the twelve months prior to this violation. 8) The cost to the State of the enforcement procedures. $118.68 Date G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDEQ Certified Mail # 70161370 00016572 0051 Return Receipt Requested October 10, 2017 Aubrey L Deaver A&D Water Service Inc PO Box 1407 Pisgah Forest, NC 28768-1407 SUBJECT: Notice of Violation and Assessment of Civil Penalty for Violations of North Carolina General Statute (G.S.) 143-215.1(a)(6) and NPDES WW Permit No. NCO059421 A&D Water Service Inc Sapphire Lakes Plant WWTP #1 Case No. LV-2017-0289 Transylvania County Dear Permittee: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $318.68 ($200.00 civil penalty + $118.68 enforcement costs) against A&D Water Service Inc. This assessment is based upon the following facts: a review has been conducted of the Discharge Monitoring Report (DMR) submitted by A&D Water Service Inc for the month of June 2017. This review has shown the subject facility to be in violation of the discharge limitations and/or monitoring requirements found in NPDES WW Permit No. NC0059421. The violations, which occurred in June 2017,.are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that A&D Water Service Inc violated the terms, conditions or requirements ofNPDES WW Permit No. NCO059421 and G.S. 143-215.1(a)(6) in the manner and extent shown in Attachment A. In accordance with the maximums established by G.S. 143-215.6A(a)(2), a civil penalty may be assessed against any person who violates the terms, conditions or requirements of a permit required by G.S. 143-215.1(a). Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the Secretary of the Department of Environmental Quality and the Director of the Division of Water Resources, I, G. Landon Davidson, P.G., Regional Supervisor, Asheville Regional Office hereby make the following civil penalty assessment against A&D Water Service Inc: State bf North Carolina I Environmental Quality I Water Resources 2090 U.S. 70 Highway, Swannanoa, NC 28778 828-296-4500 $100.00 . 1 of the 1 violations of 143-215.1(a)(6) and Permit No.N00059421, by the waters of the State in violation of the Permit Daily Maximum for BOD - Cone. $100.00 1 of the 1 _violations of 143-215.1 a 6 and Permit No.N00059421, by discharging -waste the waters of the State in violation of the Permit Daily Maximum for CHLORINE. $200.00 TOTAL CIVIL PENALTY $118.68 Enforcement Costs $318.68 TOTAL AMOUNT DUE Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 143B-282.1(b), which are: (1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation; (2) The duration and gravity of the violation; (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; (6) Whether the violation was committed willfully or intentionally; (7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and (8) The cost to the State of the enforcement procedures. Within thirty (30) days of receipt of this notice, you must do one of the following: (1) Submit payment of the penalty, OR (2) Submit a written request for remission, OR (3) Submit a written request for an administrative hearing Option 1: Submit payment of the penalty: Payment should be made directly to the order of the Department of Environmental Quality (do not include waiver form). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). Please submit payment to the attention of: Wastewater Branch Division of Water Resources 1617 Mail Service Center Raleigh, North Carolina 27699-1617 a written request for remission or mitigation including a detailed justification for. such e be aware that a request for remission is limited to consideration of the five factors listed below as they may elate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Because a remission request forecloses the option of an administrative hearing, such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation and agreement that no factual or legal issues are in dispute. Please prepare a detailed statement that establishes why you believe the civil penalty should be remitted, and submit it to the Division of Water Resources at the address listed below. In determining whether a remission request will be approved, the following factors shall be considered: (1) whether one or more of the civil penalty assessment factors in NCGS 143B-282. 1 (b) was wrongfully applied to.the detriment of the'petitioner; (2) whether the violator promptly abated continuing environmental damage resulting from the violation; (3) whether the violation was inadvertent or a result of an accident; (4) whether the violator had been assessed civil penalties for any previous violations; or (5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Please note that all evidence presented in support of your request for remission must be submitted in writing. The Director of the Division of Water Resources will review your evidence and inform you of his decision in the matter of your remission request. The response will provide details regarding the case status, directions for payment,'and provision for further appeal of the penalty to the Environmental Management Commission's. Committee on Civil Penalty Remissions (Committee). Please be advised that the Committee cannot consider information that was not part of the original remission request considered by the Director. Therefore, it is very important that you prepare a complete and thorough statement in support of your request for remission. In order to request remission, you must complete and submit the enclosed "Request for Remission of Civil Penalties, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form within thirty (30) dLays of receipt of this notice. The Division of Water Resources also requests that you complete and submit the enclosed "Justification for Remission Request." Both forms should be submitted to the following address: Wastewater Branch Division of Water Resources 1617 Mail Service Center Raleigh, North Carolina 27699-1617 for an administrative If you wish to contest any statement in the attached assessment document you must file a petition for an a hearing. You may obtain the petition form from the Office of Administrative Hearings. You must file the pet' the 6ffice of Administrative Hearings within thirty (3 d)hays of receipt o this notice. A petition's considered file when it is received in the Office of Administrative Hearings during normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday -between the hours of 8:00 a.m. and 5:00 p.m., except for official state holidays. The petition may be filed by facsimile (fax) or electronic mail by an attached file (with restrictions) - provided the signed original, one (1) copy and a filing fee (if a filing fee is required by NCGS § 150B-23.2) is received in the Office of Administrative Hearings within seven (7) business days following the faxed or electronic transmission. You should contact the Office of Administrative Hearings with all questions regarding the filing fee and/or the details. of the filing process. The mailing address and telephone and fax numbers for the Office of Administrative Hearings are as follows: 6714 Mail Service Center Raleigh, NC 27699 6714 Tel: (919) 431-3000 Fax: (919) 431-3100 One (1) copy of the petition must also be served on DEQ as follows: Mr. William F. Lane, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, North Carolina 27699-1601 Please indicate the case number (as found on page one of this letter) on the petition. Failure to exercise one of the options above within thirty (30) days of receipt of this letter, as evidenced by an internal date/time received stamp (not a postmark), will result in this matter being referred to the Attorney General's Office for collection of the penalty through a civil action. Please be advised that additional penalties may be assessed for violations that occur after the review period of this assessment. If you have any questions, please contact Janet Cantwell with the Division of Water Resources staff of the Asheville Regional Office at (828) 296-4667 or via email atjanet.cantwell@ncdenr.gov. Sincerely, G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDEQ . ATTACHMENTS Cc: WQS Asheville Regional Office - Enforcement File NPDES Compliance/Enforcement Unit - Enforcement File G:SNVW,WQ\Transylvania\Wastewaterlitilinors\Sapphire takes WWTP 41 5942 hLV-1017-0289.rtf JUSTIFICATION FOR REMISSION REQUEST IpsesseudmParty: ber: LV-2017-0289 County: Transylvania A&D Water Service Inc/ Sapphire Lakes #1 Permit No.: NC0059421 Amount Assessed: $318.68 Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form to request remission of this civil penalty. You should attach any,documents that you believe support your request and are necessary for the Director to consider in evaluating your request for remission. Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 143B-282.1.(c), remission of a civil penalty maybe granted only when one or more of the following five factors apply. Please check each factor that you believe applies to your case and provide a detailed explanation, including copies of supporting documents, as to why the factor applies (attach additional pages as needed). (a) one or more of the civil penalty assessment factors in N.C.G.S. 143B-282.1(b) were wrongfully applied to the, detriment of the petitioner (the assessment factors are listed in the civil penalty assessment document); (b) the violator promptly abated continuing environmental damage resulting from the violation (i.e., explain the steps that you took to correct the violation and prevent future occurrences); (c) the violation was inadvertent or a result of an accident (i. e., explain why the violation was unavoidable or something you could not prevent or prepare for); (d) the violator had not been assessed civil penalties for any previous violations; (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions (i. e., explain how payment of the civil penalty will prevent you from performing the activities necessary to achieve compliance). EXPLANATION: STATE OF NORTH CAROLINA "COUNTY OF TRANSYLVANIA IN THE MATTER OF ASSESSMENT OF CIVIL PENALTIES AGAINST A&D Water Service Inc Sapphire Lakes Plant WWTP 0 PERMIT NO. NCO059421 DEPARTMENT OF ENVIRI WAIVER OF RIGHT TO AN ADMINISTRATIVE HEARING AND STIPULATION OF FACTS CASE NO. LV-2017-0289 Having been assessed civil penalties totaling $318.68 for violation(s) as set forth in the assessment document of the Division of Water Resources dated October 10, 2017, the undersigned, desiring to seek remission of the civil penalty, does hereby waive the right to an administrative hearing in the above -stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned.further understands that all evidence presented in support of remission of this civil penalty must be submitted to the Director of the Division of Water Resources within thirty (30) days of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after (30) days from the receipt of the notice of assessment. This the day of ADDRESS TELEPHONE SIGNATURE 20 MIT: NC0059421 FACILITY: Sapphire Lakes Plant WWTP #1 LIMIT VIOLATION(S) SAMPLE LOCATION: Outfall 001 -Effluent Violation • Report Date Month/Yr Parameter ATTACHMENT A A&D Water Service Iric CASE NUMBER: LV-2017-0289 REGION: Asheville COUNTY: Transylvania Unit of Limit Calculated % Over Violation Penalty Frequency Measure Value . Value Limit Type Amount 6/15/2017 6-2017 BOD, 5-Day (20 Deg. Weekly mg/I 45 56 24.4 Daily $100.00 C) - Concentration Maximum Exceeded 6/8/2017 6-2017 Chlorine, Total 2 X week ug/1 28 65 132.1 Daily $100.00 Residual Maximum Exceeded REGION Asheville nc t WWTP #1 ��UTFALL DMR BATCH DATE lr 10/10/T7r BATCH PAGE RECEIVED DATE 08/02/2017 MONTH 6 YEAR 2017 001 LOCATION EFFLUENT COUNTY Transylvania C PRV Flow, in conduit or thru treatment plant 00010 deg c GR Temperature, Water Deg. Centigrade 00400 su _ GR pH 0060 (g1l R Chlorine, Total Residual C0310 mg/l R D,5-Day 0 Deg. C) - )BO Concentra ' n C0610 mg/I GR Nitrogen, Ammonia Total (as N) - Concentration C0530 mg/I GR Solids, Total Suspended- Concentration 31616 #/100m1 GR Colifonn, Fecal MF, MFC Broth, 44.5 C 00300 mgA GR Oxygen, Dissolved (DO) C0600 mgA GR Nitrogen, Total - Concentration No Data 1 0.006 - 16 6.5 40 2.9 9.4 12 <1 4 2 0.0038 16 3 0.0034 4 0.0034 5 0.0034 15 6 0.0022 16 7 0.0026 15 30 Q 0.0046 16 6.4 65 3 1.7 22 <1 3.5 9 0.01 16 10 0.003 11 0.003 12 0.003 16 13 0.0054 16 14 0.0054 16 14 15 0.0044 16 6.4 10 56 21 <1 4.5 16 0.005 16 17 0.0058 16 0.0058 19 0.0058 17 20 0.005 16 21 0.0086 16 16 22 0.003 \ 16 6.3 24 3.5 6.7 <1 4.5 23 0.01 15 24 0.0048 25 0.0048 26 0.0048 15 27 0.005 16 26 0.0038 16 26 29 0.0042 16 6.4 21 4.7 7.6 <1 3.5 30 0.0042 15 31 AVG 0.0048 16 27 14 5.6 14 4 MAX 0.01 17 6.5 65 56 9.4 22 <t 4.5 MIN 0.0002 15 6.3 10 2.9 1.7 6.7 GEO 1 F W O ¢ o � Q W O ¢ w CO U of w Of O LISPS TRACKING # - 1 First -Class Mail .I jLISPS e & Fees Paid r a •� a Permit No. G-10 j 9590 9402'6104 5512 63 I I I UrOed States a .� I• Sender; Please Print your name, address, and ZIP+ ' 4 in this box lf,qtal SeWce• j LLB u) oN NC Department of Environmental I (�� c . ronmental Quality � Asheville Regional Office UEU Water Resources s O 1 2090 US 70 Highway a Swannanoa, NC 28778_8211 � I i ' I I •-'-.'�_': ;: _ .. _= Ij)j���l��ij frjtj• ►j�f jj..., j fg I liilfiji31tjI1!itMiijjj�jjfll�F:ljil�t F a O d t Q Z O C9 u1 tY IL u � m n. .Z d � Y N N J 0 3 a m • z ¢ 0 L c N W 2 a m .. m U n v 0 O y O O 0U E a~ U 2 0 z NF F LO E m O= O N f7 �T 10 r N N N N N co N N N M M >Q ZLU W N IL R BA i. - If you wish to provide additional, information regarding the. noted violation, request technical assistance, or discuss overall compliance please respond in writing within ten (10) business days after receipt of this Notice. A review of your response will be considered along with any information provided on the submitted Monitoring Report(s). .You -will then be notified of any civil penalties that may be assessed regarding the violations. If no response is received in this Office within the 10-day period, a civil penalty assessment may be prepared. . Remedial actions should have already been taken to correct this problem and prevent further occurrences in the future. The Division of Water Resources may pursue enforcement action for this and any additional violations of State law. If the violations are of a continuing nature, not related to operation and/or maintenance problems, and you anticipate remedial construction activities, then you may wish to consider applying for a Special Order by Consent. Reminder: Pursuant to Permit Condition 6 in Section E, the-Permittee is required to verbally notify the Regional Office as soon as possible, not to exceed 24 hours, from first knowledge of any non-compliance at the facility including limit violations, bypasses of, or failure of a treatment unit. A written report -may be required within 5 days if directed by Division staff. Prior notice should be given_ for anticipated or potential problems due to planned maintenance activities, taking units off-line, etc. If you have any questions concerning this matter or to' apply for an SOC, 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 G:\WR\WQ\Transylvania\Wastewater\Minors\Sapphire Lakes WWTP #1 59421\N0V-N0I-2017-LV-0567.rtf i FWiliFi�NMEN7AL`•:t7�UAB,1�;,• . , Certified Mail # 7016 1370 00016571 7259 Return Receipt Requested August 18, 2017 Aubrey L Deaver A&D Water Service Inc PO Box 1407 Pisgah Forest, NC 28768-1407 SUBJECT: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY Tracking Number: NOV-2017-LV-0567 Permit No. NCO059421 Sapphire Lakes Plant WWTP #1 Transylvania County Dear Permittee: t -C�QPER: MIGIAE[� 5 ,ti;EA,N; ":"errnrnr�; aA� �II!�1MERI�tAN -"INrector< A review of the June 2017 Discharge Monitoring Report (DMR) for the subject facility revealed the violation(s) indicated below: Limit Exceedance Violation(s): Sample Limit Reported Location Parameter Date Value Value Type of Violation 001 Effluent Chlorine, Total Residual 6/8/2017 28 65 Daily Maximum Exceeded (50060) 001 Effluent BOD, 5-Day (20 Deg. C) - 6/15/2017 45 56 Daily Maximum Exceeded Concentration (C0310) A Notice of Violation/Intent to Issue Civil Penalty is being issued for the noted violation of North Carolina General Statute (G.S.) 143-215.1 and the facility's NPDES WW Permit. Pursuant to G.S. 143-215.6A, a civil penalty of not more than twenty-five thousand dollars ($25,000.00) may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of any permit issued pursuant to G.S. 143-215.1. State of North Carolina I Environmental Quality I Water Resources 2090 U.S. 70 Highway, Swannanoa, NC 28778 828-296-4500 If you wish to provide additional information regarding the noted violation, request technical assistance, or discuss overall compliance please respond in writing within ten (10) business days after receipt of this Notice. A review of your response will be considered along with any information provided on the submitted Monitoring Report(s). You will then be notified of any civil penalties that may be assessed regarding the violations. If no response is received in this Office within the 10-day period, a civil penalty assessment may be prepared. Remedial actions should have already been taken to correct this problem and prevent further occurrences in the future. The Division of Water Resources may pursue enforcement action for this and any additional violations of State law. If the violations are of a continuing nature, not related to operation and/or maintenance problems, and you anticipate remedial construction activities, then you may wish to consider applying for a Special Order by Consent. Reminder: Pursuant to Permit Condition 6 in Section E, the Permittee is required to verbally notify the Regional Office as soon as possible, not to exceed 24 hours, from first knowledge of any non-compliance at the facility including limit violations, bypasses of, or failure of a treatment unit. A written report may be required within 5 days if directed by Division staff. Prior notice should be given for anticipated or potential problems due to planned maintenance activities, taking units off-line, etc. If you have any questions concerning this matter or to apply for an SOC, 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 G:\WR\WQ\Transylvania\Wastewater\Minors\Sapphire Lakes WWiP #1 59421\N0V-N0I-2017-1_V-0567.rtf DIVISION OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT (File) ror: A&D Water Service Inc tyName:. ' Sapphire Lakes Plant WWTP k. Permit Number: NC0059421 County: Transylvania Case Number: LV-2017-0261 copy ASSESSMENT FACTORS 1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation; All effluent violations may be detrimental to the receiving stream but may not be immediately quantified. 2) The duration and gravity of the violation;. Four Daily Max Total Residual. Chlorines exceeded the permit limit by 132%, 100%, 114% & 150%. 3) The effect on ground or surface water quantity or quality or on air quality; All effluent violations may be detrimental to the receiving stream but may not be immediately quantified. 4) The cost of rectifying the damage; The cost is unknown. 5) The amount of money saved by noncompliance; The amount of money saved is unknown. The amount of money saved would include the cost of excess solids removal and additional aeration. It would also include more operating and maintenance. time on site and the cost of additional chemical treatment. The amount of money saved would include the cost of collection of the additional samples and the cost of analyzing them at a certified lab. 6) Whether the violation was committed willfully or intentionally; It does not appear to be either. 7) 'The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and There have been no civil penalty enforcements in the twelve months prior to this violation. 8) The cost to the State of the enforcement procedures. $118.68 Date G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDEQ EAf�Eo - ZI.. �C 57c Certified Mail # 7016 1370 0001 65717433 Return Receipt Requested - . September 05, 2017 Aubrey L Deaver A&D Water Service Inc PO Box 1407 Pisgah Forest, NC 28768-1407 SUBJECT: Notice of Violation and Assessment of Civil Penalty for Violations of North Carolina General Statute (G.S.) 143-215.1(a)(6) and NPDES WW Permit No. N00059421 A&D Water Service Inc Sapphire Lakes Plant WWTP #1 Case No. LV-2017-0261 Transylvania County Dear Permittee: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $518.68 ($400.00 civil penalty + $118.68 enforcement costs) against A&D Water Service Inc. This assessment is based upon the following -facts: a review has been conducted of the Discharge Monitoring Report (DMR) submitted by A&D Water Service Inc for the month of May 2017. This review has shown the subject facility to be irrviolation of the discharge limitations and/or monitoring requirements found in NPDES WW Permit No. NC0059421. The violations, which occurred in May 2017, are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that A&D Water Service Inc violated the terms, conditions or requirements of NPDES WW Permit No. NCO059421 and G.S. 143-215.l(a)(6) in the manner and extent shown in Attachment A. In accordance with the maximums established by G.S. 143-215.6A(a)(2), a civil penalty may be assessed against any person who violates the terms, conditions or requirements of a permit required by G.S. 143-215.1(a). Based upon the above findings _of fact and conclusions of law, and in accordance with authority provided by the Secretary of the Department of Environmental Quality and the Director of the Division of Water Resources; I, G. Landon Davidson; P.G., Regional Supervisor, Asheville Regional Office hereby make the following civil penalty assessment against A&D Water Service Inc: State of North Carolina I Environmental Quality I Water Resources 2090 U.S. 70 Highway, Swannanoa, NC 28778 828-296-4500 DIVISION OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT (File) or: A&D Water Service Inc cility.Name: Sapphire Lakes Plant WWTP #1 Permit Number: NCO059421 County: Transylvania Case Number: LV-2017-0261 ASSESSMENT FACTORS 1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation; All effluent violations may be detrimental to the receiving stream but may not be immediately quantified. 2) The duration and gravity of the violation;. Four Daily Max Total Residual Chlorines exceeded the permit limit by 132%, 100%, 114% & 150%. 3) The effect on ground or surface water quantity or quality or on air quality; All effluent violations may be detrimental to the receiving stream but may not be immediately quantified. 4) The cost of rectifying the damage; The cost is unknown. 5) The amount of money saved by noncompliance; The amount of money saved is unknown. The amount of money saved would include the cost of excess solids removal and additional aeration. It would also include more operating and maintenance time on site and the cost of additional chemical treatment. The amount of money saved would include the cost of collection of the additional samples and the cost of analyzing them at a certified lab. 6) Whether the violation was committed willfully or intentionally; It does not appear to be either. 7) 'The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and There have been no civil penalty enforcements in the twelve months prior to this violation. 8) The cost to the State of the enforcement procedures. $118.68 Date G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDEQ [VISION OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT (File) ater Service Inc pphire Lakes Plant WWTP #1 Permit Number: NCO059421 County: Transylvania Case Number: LV-2017-'0261 ASSESSMENT FACTORS 1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation; All effluent violations may be detrimental to the receiving stream but may not be immediately quantified. 2) The duration and gravity of the violation;. Four Daily Max Total Residual Chlorines exceeded the permit limit by 132%, 100%, 114% & 150%. 3) The effect on ground or surface water quantity or quality or on air quality; All effluent violations may be detrimental to the receiving stream but may not be immediately quantified. 4) The cost of rectifying the damage; The cost is unknown. 5) The amount of money saved by noncompliance; The amount of money saved is unknown. The amount of money saved would include the cost of excess solids removal and additional aeration. It would also include more operating and maintenance time on site and the cost of additional chemical treatment. The amount of money saved would include the cost of collection of the additional samples and the cost of analyzing them at a certified lab. 6) Whether the violation was committed willfully or intentionally; It does not appear to be either. 7) 'The prior record of the violator in complying or failing to comply with programs over which the Environmiental Management Commission has regulatory authority; and There have been no civil penalty enforcements in the twelve months prior to this violation. S) The cost to the State of the enforcement procedures. $118.68 Date G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDEQ a Certified Mail # 7016 1370 0001 65717433 Return Receipt Requested Aubrey L Deaver A&D Water Service Inc PO Box 1407 Pisgah Forest, NC 28768-1407 September 05, 2017 SUBJECT: Notice of Violation and Assessment of Civil Penalty for Violations of North Carolina General Statute (G.S.) 143-215.1(a)(6) and NPDES WW Permit No. NCO059421 A&D Water Service Inc Sapphire Lakes Plant WWTP #1 Case No. LV-2017-0261 Transylvania County Dear Permittee: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $518.68 ($400.00 civil penalty + $118.68 enforcement costs) against A&D Water Service Inc. This assessment is based upon the following facts: a review has been conducted of the Discharge Monitoring Report (DMR) submitted by A&D Water Service Inc for the month of May 2017. This review has shown the subject facility to be in -violation of the discharge limitations and/or monitoring requirements found in NPDES WW Permit No. NC0059421. The violations, which occurred in May 2017, are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that A&D Water Service Inc violated the terms, conditions or requirements ofNPDES WW Permit No. NCO059421 and G.S. 143-215.1.(a)(6) in the manner and extent shown in Attachment A. In accordance with the maximums established by G.S. 143-215.6A(a)(2), a civil penalty may be assessed against any person who violates the terms, conditions or requirements of a permit required by G.S. 143-215.1(a). Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the Secretary of the Department of Environmental Quality and the Director of the Division of Water Resources; I, G. Landon Davidson, P.G., Regional Supervisor, Asheville Regional Office hereby make the following civil penalty assessment against A&D Water Service Inc: State of North Carolina I Environmental Quality I Water Resources 2090 U.S. 70 Highway, Swannanoa, NC 28778 828-296-4500 4 9f the 4 violations of 143-215.1(4)(6) and Permit No.NC0059421, by discharging waste water into the waters of the State in violation of the Permit Daily Maximum for CHLORINE. PK . TOTAL.CIVIL 1PENALTY -.- _....-- 118.68 Enforcement Costs 518.68 TOTAL AMOUNT DUE Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 143B-282.1(b), which are: (1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation; (2) The duration and gravity of the violation; (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; (6) Whether the violation was committed willfully or intentionally; (7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and (8) The cost to the State of the enforcement procedures. Within thirty (30) days of receipt of this notice, you must do one of the following: (1) Submit payment of the penalty, OR (2) Submit a written request for remission, OR (3) Submit a written request for an administrative hearing Option 1: Submit payment of the penalty: Payment should be made directly to the order of the Department of Environmental Quality (do not include waiver form). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). Please submit payment to the attention of: Wastewater Branch Division of Water Resources 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Option 2: Submit a written request for remission or mitigation including a detailed justification request: Please be aware that a request for remission'is limited to consideration of the five factors listed below as they may 'IN relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Because a remission request forecloses the option of an administrative hearing, such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation and agreement that no factual or legal issues are in dispute. Please prepare a detailed statement that establishes why you believe the civil penalty should be remitted, and submit it to the Division of Water Resources at the address listed below. In determining whether a remission request will be approved, the following factors shall be considered: (1) whether one or more of the civil penalty assessment factors in NCGS 143B-282. 1 (b) was wrongfully applied to the detriment of the petitioner; (2) whether the violator promptly abated continuing environmental damage resulting from the violation; (3) whether the violation was inadvertent or a result of an accident; (4) whether the violator had been assessed civil penalties for any previous violations; or (5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Please note that all evidence presented in support of your request for remission must be submitted in writing. The Director of the Division of Water Resources will review your evidence and inform you of his decision in the matter of your remission request. The response will provide details regarding the case status, directions for payment, and provision for further appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty Remissions (Committee). Please be advised that the Committee cannot consider information that was not part of the original remission request considered by the Director. Therefore, it is very important that you prepare a complete and thorough statement in support of your request for remission. In order to request remission, you must complete and submit the enclosed "Request for Remission of Civil Penalties Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form within thirty (30) days of receipt of this notice. The Division of Water Resources also requests that you complete and submit the enclosed "Justification for Remission Request." Both forms should be submitted to the following address: Wastewater Branch Division of Water Resources 1617 Mail Service Center Raleigh, North Carolina 27699-1617 VIf you wish to contest any statement in the attached assessment document you must file a petition for an administrative hearing. You may obtain the petition form from the Office of Administrative Hearings. You must file the petition with the Office of"Administiative Hearings within thirty (30) days of receipt of this notice. . petition is considered f led when it is received in the Office of Administrative Hearings during normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday between.the hours of 8:00 a.m. and 5:00 p.m., except for official state holidays. The petition may be filed by facsimile.(fax) or electronic mail by an attached file (with restrictions).- provided the signed original, one (1) copy and a filing fee (if a filing fee is required by NCGS §150B-23.2) is received in the. Office of Administrative Hearings within seven (7) business days following the faxed or electronic transmission. You should contact the Office of Administrative Hearings with all questions regarding the filing fee and/or the details of the filing process. The mailing address and telephone and fax numbers for the Office of Administrative Hearings are as follows: 6714 Mail Service Center Raleigh, NC 27699 6714 Tel: (919) 431-3000 Fax: (919) 431-3100 One (1) copy of the petition must also be served on DEQ as follows: Mr. William F. Lane, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, North Carolina 27699-1601 Please indicate the case number (as found on page one of this letter) on the petition. Failure to exercise one of the options above within thirty (30) days of receipt of this letter, as evidenced by an internal date/time received stamp (not a postmark), will result in this matter being referred to the Attorney General's Office for collection of the penalty through a civil action. Please be advised that additional penalties may be assessed for violations that occur after the review period of this assessment. If you have any questions, please contact Janet Cantwell with the Division of. Water. Resources staff of the Asheville Regional Office at (828) 296-4667 or via email atjanet.cantwell@ncdenr.gov. Sincerely, G. Landon Davidson, P.G., Regi nal Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDEQ ATTACHMENTS Ec WQS Asheville Regional Office - Enforcement File NPDES Compliance/Enforcement Unit - Enforcement File G:\WR.NVQiTransyk aria:WastewateiliNlinors\Sapphire Lakes W WTP 41 59421ll,V-20I7-026 Lrtf JUSTIFICATION FOR REIVIISSION REQUEST .Case Number: LV-2017-0261 County: Transylvania Assessed Party: A&D Water Service Inc/ Sapphire Lakes #1 Permit No.: NCO059421 Amount Assessed: $518.68 Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission, Waiver of Right to an Administrative Hearing, "and Stipulation of Facts" form to request remission of this civil penalty. You should attach any documents that you believe support your request and are necessary for the Director to consider in evaluating your request for remission. Please be aware that a request for remission is limited'to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not -the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 143B-282.1(c), remission of a civil penalty may be granted only when one or more of the following five factors apply. Please check each factor that you believe applies to your case and provide a detailed explanation, including copies of supporting documents, as to why the factor applies (attach additional pages as needed). (a), one or more of the civil penalty assessment factors in N.C.G.S. 14313-282.1(b) were wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil penalty assessment document); (b) the violator promptly abated continuing environmental damage resulting from the violation (i.e., explain the steps that you took to correct the violation and prevent future occurrences); (c) the violation was inadvertent or a result of an accident (i.e., explain why the violation, was unavoidable or something you could not prevent or prepare for); .(d) the violator had not been assessed civil.penalties for any previous violations; (e) payment of the civil penalty. will prevent payment for the remaining necessary remedial actions (i.e., explain how payment of the civil penalty will prevent you from performing the activities necessary to achieve compliance). EXPLANATION: H CAROLINA COUNTY OF TRANSYLVANIA DEPARTMENT OF ENVIRONMENTAL QUALITY IN THE -MATTER. OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND STIPULATION OF FACTS A&D Water Service Inc ) Sapphire Lakes Plant WWTP #1 ) PERMIT NO. NCO059421 ) CASE NO. LV-2017-0261 Having been assessed civil penalties totaling $518.68 for violation(s) as set forth in the assessment document of the Division of Water Resources dated September 5.2017, the undersigned, desiring to seek remission of the civil penalty, does hereby waive the right to,an administrative hearing in the above -stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the Director of the Division of Water Resources within thirty (30) days of receipt of the notice' . of assessment. No new evidence in support of a remission request will be allowed after (30) days from the receipt of the notice of assessment. This the day of I\ 7 7R�.X9 TELEPHONE SIGNATURE 20 ATTACHMENT A A&D Water Service Inc CASE NUMBER: LV-2017-0261 PERMIT: NCO059421 REGION: Asheville FACILITY: Sapphire Lakes Plant WWTP.#1 COUNTY: Transylvania LIMIT VIOLATION(S) SAMPLE LOCATION: Outfall 001 - Effluent Violation Report Unit of Limit Calculated % Over Violation Penalty Date MonthNr Parameter Frequency Measure Value Value Limit Type Amount 5/11/2017 5-2017 Chlorine, Total 2 X week ugA 28 65 132.1 Daily $100.00 Residual Maximum Exceeded 5/18/2017 5-2017 Chlorine, Total 2 X week ug/I 28 56 100.0 Daily $100.00 Residual Maximum Exceeded 5/24/2017 5-2017 Chlorine, Total 2 X week ug/I 28 60 114.3 Daily $100.00 Residual Maximum Exceeded 5/25/2017 5-2017 Chlorine, Total 2 X week ug/I 28 70 150.0 Daily $100.00 Residual Maximum, Exceeded 3� y ;Water�Resources;.: ENVIR�f�t :ENl'fiL�'©U;41.1'fYti Certified Mail # 7016 1370 0001 6571 9482 Return Receipt Requested July 19, 2017 Aubrey L Deaver A&D Water Service Inc PO Box 1407 Pisgah Forest, NC 28768-1407 SUBJECT: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY Tracking Number: NOV-2017-LV-0511 Permit No. NCO059421 Sapphire Lakes Plant WWTP #1 Transylvania County Dear Permittee: R�YC40VPE[t h[[CHAEL S REG N:. `' Seartary�, Dlrtcfar.: A review of the May 2017 Discharge Monitoring Report (DMR) for the subject facility revealed the violation(s) indicated below: Limit Exceedance Violation(s): Sample Limit Reported Location Parameter Date Value Value Type of Violation 001 Effluent Chlorine, Total Residual 5/11/2017 28 65 Daily Maximum Exceeded (50060) 001 Effluent Chlorine, Total Residual 5/18/2017 28 56 Daily Maximum Exceeded (50060) 001 Effluent Chlorine, Total Residual 5/24/2017 28 60 Daily Maximum Exceeded (50060) 001 Effluent Chlorine, Total Residual 5/25/2017 28 70 Daily Maximum Exceeded (50060) A Notice of Violation/Intent to Issue Civil Penalty is being issued for the noted violation of North Carolina General Statute (G.S.) 143-215.1 and the facility's NPDES WW Permit. Pursuant to G.S. 143-215.6A, a civil penalty of not more than twenty-five thousand dollars ($25,000.00) may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of any permit issued pursuant to G.S. 143-215.1. State of North Carolina I Environmental Quality I Water Resources 2090 U.S. 70 Highway, Swannanoa, NC 28778 828-296-4500 If you wish to provide additional information regarding the noted violation, request technical assistance, or discuss overall compliance please respond in writing within ten (10) business days after receipt of this Notice. A review of your response will be considered along with any information provided on the submitted Monitoring Report(s). You will then be notified of any civil penalties that may be assessed regarding the violations. If no response is received in this Office within the 10-day period, a civil penalty assessment may be prepared. Remedial actions should have already been taken to correct this problem and prevent further occurrences in the future. The Division of Water Resources may pursue enforcement action for this and any additional violations of State law. Reminder: Pursuant to Permit Condition 6 in Section E. the Permittee is required to verbally notify the Regional Office as soon as possible, not to exceed 24 hours, from first knowledge of any non-compliance at the facility including limit violations, bypasses of, or failure of a treatment unit. A written report may be required within 5 days if directed by Division staff. Prior notice should be given for anticipated or potential problems due to planned maintenance activities, taking units off-line, etc. Your facility was required to begin reporting your Discharge Monitoring Reports electronically by December 21, 2016, using the EDMR system. It is noted that this facility is registered for EDMR: it is time to begin entering information into the EDMR system. 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 G:\WR\WQ\Transylvania\Wastewater\Minors\Sapphire Lakes WWTP 41 59421\NOV-NOI-2017-LV-0511.rtf j lola—tfo-nTT Monitoring Violations r Reporting Violations Othervioiations Permit NC0059421 Detarls Sol:- AD. Details... Monitoring, Report 05 2017 Details.. Facility. IsapphireLakesPlantWWTP#1 Details..-. Region: heville County: • ransylvani Owner. k8DWaterServiceInc fslaintain._ incident Details..: Inspect.Ilt 13etails... Facility Reported As; F Compliant : , O'Non-Compliant O NotRepofted ! Z is signed ° . Report Type: IDMR "DuiY ,*location I : Parameter y [late Manual-y Description S{7C , Limit ,�Calcu._. Unit ,;%at3ver =• Action 001 Effluent Chlorine, Tota_ 051040017 Daily Maxrmum _ 28 43 ugil 75 No Action, BPJ 001 Effluent Chlorme, Tota.__ 0511012017 E] Daily Maximum _.. El 28 33 ug11 17.857--- No Action, BPJ 001 Effluent Chlorine, Tota_ 05111/2017 E] Daily Maximum _ E] 28 65 ugll 132.14_- j 001 Effluent Chlorine, Tota__ 051170017 [] Daily Maximum _ 28 47 ugll 67.857_.. No Action, BPJ i 001 Effluent Chlorine, Tota__ 0511812017 0 Daily Maximum 128 156 jugA 1100 --- 001 Effluent Chlorine, Tota_- 05/2412017 E] Daily Maximum _._ 0 28 60 ugll 114.28... 001 Effluent Chlorine, Tota_ 05/2512017 [] Daily Maximum _ [D 28 70 jugil 150 _ 001 Effluent Chlorine, Tota._ 05131/2017 E] Daily Maximum __ 0 28 41 lugA 46.428.._ No Action, BPJ Add - Remove July 24,2017,12AO pm Delivered PISGAH FOREST, IBC 28768 July 24, 2017,10.40 am Available for Pickup PISCAH FOREST, NC 28768 July 24, 2017, 8.06 am Arrived at Unit BREVARD, NC 28712 July 22, 2017, 5.49 pm Departed USPS Regional Origin 1=ac l4 GREENVILLE SC DISTRIBUTION CENTER ■ Complete items 1, 2, and 3. A. 19 at ■ Print your name and address on the reve �}I so that we can return the r to you. Rebe vi ■ Attach this card to the bac of,1he mailpiece, or on the front if space per itS,y;, 1. Article Addressed to: D Is d6fiv, C" U If YES, r: _ rn c _- —p l�l Aubrey L Deaver M 7 11 A&D Water Service In • t; 1( T PO Box 1407 0 i Pisgah Forest, NC'287 i 1lao7'� Oo i m 3, ervice Type,, II I IIIIII III II I III I II I I II �I Nil I II II I I ❑ ultSignature ❑ A uit Signature Rs ❑ rtified Mall® 9590 9402 2119 61 2 6433_74----- ❑ Ck fled-Mall.Resl --- 4-3_J o00 y—f,-5�- LV-2017-0261 7016 137 ❑ Sapphire Lakes ❑ (over,SSA s; Al 1: -i. a.i qn-i r, csni 7rgn_ro:nnn_onrq: r. 0 Ajent ❑ Addressee (Prin ed Name C. Date of G-elivery dress different om iferri 1 ❑ Yes delivery address below`�� ❑ No SET Q 7 ❑ P ority Mail Express® �287$1 egisteredMall*M 9ctetl 9e1((yery ;� Istered Mali Restrich ery Ipri.11nxve..• ^--turn Receipt for No, c3nS r 4I nfirmationn �Confirmation Delivery Domestic Return Receiot USPS TRACKJNG III�INIIII�II�IBGIUI!IIIIII�I I II II o�32 6433 74 nited States o stI Serve L c%j I --qender: Please print your name, address, and i I NC Deportment of Environmental Quality > Asheville n Regi0 "' 0 c Water Re,.,j= (311 2090 US 70 Highway LU 0 .2 LLJ swannanoa, NC 28778-8211 First -Class Mail Postage & Fees Paid USPS -1 Permit No. G-10 this box* ■ Co7iplete items 1, 2, and 3. A. Sig a re ■ Print your name and address on the reverse so -that we can return the card to you. ■ Attach this card to the back of the maiipiece, ived by or on the front if space permits. 1. Article Addressed to: Aubrey L Deaver A&D,W6ter Service Inc PO BOx4407 �Erest, NC 28768-1407Pisga III'llllllll'lllllllll III III�III IIIIII 9590 9402 2119 6132 6442 03 ilk :1370 , 00,01 ; 6.571 ;7 D. Is delive3E'iFe�fferent from If YES, r d9 ivery address b Agent C. Date of Deliver) AUG 2 5 2017 o�N S 3. Service Type US ❑ Adult Signature ❑ Adult Signature Restricted ive ❑ Certified Mail® ❑ Cert fled Mall Restricted Delivery on Delivery r. ^ jonDeliveryRestricted,De 5.9 . . Yes ❑ Prigo Mail Express® rj gistered MallTM - Realstered Mail Restrich ❑ Return Receipt for Merchandise ❑ Signature Confirmation'n O Signature Confirmation 1 Restricted Delivery NOV-20177LV-0567 J. Cantwell Transylvania Sapphire Lakes Plant wwiro i Ji n.,.,,ocrin Rctum Rereint USPS TRACKING # A. :� ..3 i;.i4'' First -Class Mail Postage & Fees Paid ` USPS Permit No. G-10 959E 94kz-24rlr --!6132 6442 03 - United States Sender: Please print your name, address, and ZIP+4® in this box• Postal Service d Z G 0 I NC Department of Environmental Quality LU CV Asheville Regional office 5 0 water Resources CO T I i 2090 US 70 Highway Swannanoa, NC 28778-821 1 C-D _ o = CO > 0 n co !,!i!!!'!!!ll'ri�"l�"'1!i!i"rii,„!r!!j!!i!�'!�I'1!!!!+lI��1►j ■ lete items 1, 2, and 3. Also complete A. i if Restricted Delivery is desired. X ■ Pnn your name and address on the reverse so that we can return the card to you. Bi, ■ Attach this card to the back of the mailpiece, ' or on the front if space permits. I.NCDENR - North Environment 2090:U.S. Highway 70, AUBREY LEWIS DEAVER A ft'D WATER SERVICE INC POST OFFICE BOX 1405 PISGAH FOREST NC 28768-1407 (Prided Namey- I C. lina Department of Natural Resources nnanoa.Nc 28778 ❑ Agent Brent from item 1? Yes address below: No 3. JSapvlce Type Certified Mail ❑ Express Mail Registered Retum Receipt ❑ Insured Mail C.O.D. 4. Restricted Delivery? (Extra Feel 7i006= 215f0 >s0i0dr5i 2459r 7346 IM' ,, —1ZCl� :`'L '�� G'A DO r -4Qi i UNITED STATES POSTAL SERVICE" �'`i I�t 8rr 1. 'e_'� �'� ? i i Ls"z: •-�..�'^e. �, � �r. � �-e a-tir.' g � t*-x.��. a ^s _ . t�.r. d!•'&t �:= 4 �i:.lv:. • Sender: Please print your name, add ress,`-drr, _ilAiiise;<o rW oLL -C WZN> I :' � f < W znvn 1f:jHtAN ^p tiAYN W(i Z fr( 0 W f L11=�( nnnn nn L�J Q Wi Zf1( �I Fees ■ Clete items 1, 2, and 3. Also complete its if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, A Signature X Received by (Pr P &-K—, �1 or on the front if space permits. North Carolina Department Y`� • . Envi nd Natural Resourc 2090 U.S. :- Swannanoa, Nc 287 NCDENR F AUBREY LEWIS DEAVER 3. s ceType A Ft D WATER SERVICE INC Certified Mail POST OFFICE BOX 1405 Registered ❑ Insured Mail PISGAH FOREST NC 28768-1407 4. Restricted Delivery? rtr jfrfirOPt r;trrtrr r Itf�rilfif 7��6+}21,50!i000S!214S9j37353 ji DC Cr..w. 4f211 C.-,4.....,... 13nnA flnmastirt Kati irn Po Pint ❑ Agent ❑ Addressee C. v 3=77 `erent from item 1? XAyes address below: ❑ C.O.D. j Mail Receipt UNITED STATES POSTAL SERVICE ASR-*.-EVILLE * Sender: Please print your name, add NIS.IVANDAIT-WHR N('IIEN-R 1)NVQ,%W1' 2090 U.S. 111i.111V."O'70 SWINN V%OA NC 2%"73 ILI= z 0 U, U) D 0 T- LLI 9 ■ C ete items 1, 2, and 3. Also complete A. Signature iteWif Restricted Delivery is desired. ❑ Agent ■ Print your name and address on the reverse ❑ Addre so that we can return the card to you. / g. Received by (Printed Name) C. Date of Del' ■_ Atta_rh thic card to tha hack n thP-mailniece.._ "_ North Caro I _ s rt&urces • Environment and Na 4 different from item 1? es r: 2090 U.S. Highway 70, 5wanfranoa, Nc 28778[ery address below: ❑ No NCDENR Poe irl-°7 AUBREY LEWIS DEAVER .A St D WATER SERVICE INC POST OFFICE BOX 1405 PISGAH FOREST NC 28768-1407 70 50 '0 06'4 789 3. a ice Type Certified Mail ❑ Express Mail Re istered turn Receipt for ndi e 9 P ❑ Insured Mail C.O.D. 4. Restricted Delivery? (Extra Fee) LV - l� 3C Fnrm RRi i i:ohriinni 9nnd nnmactic Rahirn RP.CPint ib UNITED STATf- ce V. • Sender: Please print your name, address, and ZI MS. WANDA FRAZIER NCDENR-DWQ-SWP 2090 U.S. HIGHWAY 70 SWANNANOA NC 213778 ■ lete items 1, 2, and 3. Also complete A. Signature is if Restricted Delivery is desired. XC, ■ Print your name and address on the reverse , so that we can return the card to you. Race ved by Prin ■ _At wh_this-card to_thelbackof_the_mailnierp �_ / /�=1_ North Carolina Plum Rip$ Environment and Natural Resources 1 �,r 2090 U.S. Highway 70, Swannanoa, Nc 28778 NCDENR AUBREY LEWIS DEAVER A Et D' WATER SERVICE INC POST OFFICE BOX 1407 PISGAH FOREST NC 28768-1407 ❑ Agent ❑ Addressei C. Date of Deliver) `erent from item 1? ' ❑ Ye: address below: ❑ No 3 Se ice Type Certified Mail ❑ Express Mall J ❑Registered Retum Receipt for Me ndise ❑ Insured Mail C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ 70063 3450 00112l'710614 8358, i )A1,0v03 nc.'• r_.:... f2Qi 1 e..�.G.��..(: �innn'i - ri.:....:..�t:.'os..... o.,..e�..F it19GOr.JYI.M_1 Sd UNITED STATES PO,STALiE��1,CE� 17 2 y �,^gam r rjU2 • Sender:. Please print your name, address, and W NDA FRAn&R C Nf DENFI-MVt -SWP 2090 U.S. HICH'PHr 78 � � Cr 3WANNAND/; NC 28778 .:. ,J %�% 00 J D tC Y1 It . z` y lit,{,{{3,�,{,,,i{,,,i{„i,{„{,,,{,{„i�{►„{ii,i, {ii,f�� 42, ■ C ete items 1, 2, and 3. Also complete A. Signature it* if Restricted Delivery is desired. 10 Print your name and address on the reverse X se�4 so that we can return the card to you. B eceived by ( tinted Name) 19. North Carolina Dep m of • Environment and Natural R urces 6rentfrom item 1? 2090 U.S. Highway70, Swannanoa, Nc 28778�address below: NCDENR AUBREY LEWIS DEAVER A Et D WATER SERVICE INC POST OFFICE BOX 1407 PISGAH FOREST NC 28768-1407 7006 13450' 00102"7 . 3._(4Qi1 �,.i:........,•:nnn.i: I Ira. ❑ Agent ❑ Addressee Date of Delivery ❑ No Ice Type ed Mail ❑ Express Mail Registered alum Receipt for Merchandise ❑ Insured M0-G.O.D. 4. Restricted Delivery? (Extra Fee) ❑tY� Uri :{ s, -1 jii %, I i?I lil �-V - ZLb J(? � Rare nt 102595-02-M-1541 UNITED STATES POSTAL SERVICE 2 Vi4: IPM 1 -1-7 0 Sender: Please print your name, address, and ZIP-PTH-this 'box 0 MIS. VVQ-X:1A i RAL.Ok N c 0 PqR - MAI Q-S Wp 2090 ;.I.S 1 H113HW 70 , � SWANNJOA NC� ■ lete items 1, 2, and 3. Also complete it if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can-return-the,=card-to-you: ■ Attach this card to the back.of'theiailpiece, r __:' or on the fr nt if space permits. 1. Article Addressgdrt A oi m G =- - 11 KD-W •E r- o �.D•ater Scrvrr. s; i'rrc4 i 17 rf�l _, I Pisr)a4;LFnras }�'JCU 'l};�ii.}. p:7 ;7 Cn , N S o �O`� 2. Article Number (Transfer from service label) `lS Form RR11 Fchrrrani onnd 3. Service Type Certified Mail ❑ Express Mail ❑ Registered )&Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) Y 7006i`3450 0002 7064 1441 nnmestic Return Receipt UNITED STATES PO,9; SERVI First -Class Mail Postage & Fee* USPS Permit No. G-10 • Sen��r pa * s I Int,�fafne, address, and ZIP+4 in this box NC �g/p wEnvii onment & -fa Water Section 0 U§!.XVHighway NC 28 8 a nano, v ■ C eYe items 1, 2, and Z. Also complete it if Restricted Delivery is desired. X Print your name and address on the reverse so that we can return the card to you. _g._Received-hv[I_P_rinta North Carolina Department: of ail � � 1 Frnvi-onment and Natu al Ftesou'rces ��ii■i (;���I;I���.l�I �:0'.3: I-ligrvmya, Swannanoa, Nc '&r 78 zc .WJBF:EE'y' l..l 1PdI:Ei 'C)E=F►`�IE:F: )k lit iD WA -TER SEERVICIEE INC �PC►S-I fFC1RaKS"T INt', 2,:c,:►68-'14-0a ❑ Agent ❑ Addresses (. 'C. Date of Deliver) Loejsy10 w: ❑ NOV 16 2007 )EType ified Mail pJl xpress Ma eistered /jgetum Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes a 7d(J6 ` ; IU-0g2"7064: 1?86 " 3R11 _` Fdh uary 2004' ' . .. Domestic Return' Receipt UNITED STATES.;P L.S f 1�''. a,,, •..e �' r.,�y �* 4� �'✓Ei % r t: d ; r ,Fu�t Mass Mi " X; %, /,......1,r�o.�,....c Sender: Ple2tse your,rlame,%address, and ZIP+4 in this box • �WANDA FRAZIFF, NC GENT: DWQ-:,NF �\ 2itg6'i� S. MGHWAY 70 !1 ■ Cete items 1, 2; and 3. A. signature ■ P our name and address on the reverse X `y❑Agent so that we can return the card to you. _ _ " 'J ❑ Addresse( ;ed by (Printed C. Date of Deliver) Aubrey Lewis Deaver rnt, A & D Water Service, Inc. ery t di rent fro �- I ens ❑ Yes Post Office Box 1407 _ e e delivery address belo No Pisgah Forest, NC 28768-1407 i 011-10111 dill-11hiillrlit(Idnitttitiinll1llI1il d*Ihit CEC 2 p ; ,^ f I IIIIII I�I'I I II I I I II I I I I II III I I IIII III 3. Service Ty 6 P ail Express@) 11 Adult Snature De Cg 86u9590 )tl❑ Reistered MalRestrict( 9402 1846 6104 5570 05 ❑ ertuled Mail Restdcted D ❑ Return for ❑ Collect on Delivery Merchandise ?._Article Rlumber_CTransfer from, service label) ❑ Collect on Delivery Restricted Delivery ❑ Signature Confirmations 7 014 .510 ` b d 0 0 4 4`6 6; 3f.9 Mail 3 7_ Restricted Delivery ❑ Signature Confirmation Restricted Delivery pail 3S Form 3811 _ .luly 9ni.., Pcn( 7san_no-nnn_onr;QAIAV • AA 71 A) ? 0. LISPS TRACKING r. First -Class Mail Postage & Fees id USPS Permit No. G-1w 9590 9µ' `'1;104 5570 05 Unite sites • Send I r: Please print your name, address, and ZIP+4® in this box* Post rvice r7l JANET CANTWELL Unite LSJIte s Post rvice C NCDEQ43WR GROS 2090 U.S. HIGHWAY TO SWANN NOANC28778 C Co ■ GW.,�lete items 1,.2, find 3. A. Si n ture ■ Print your name and address on the reverse so that we can return the card to you. Aubrey Lewis Deaver A & D Water Service, Inc. — Post Office Box 1407 ry Pisgah Forest, NC 28768-1407 (ES, (ES, enter iilitiiillli�lllllliliil��lllllt�nittfil�iiillill�lil�iilf�t�ln� ® Agent ❑ Addressee 3Le of Delivery V6rentfrom item 1?\U Yei y address below. ❑ No APR 0 3 2017 IIIII II Ili illlllll III IIIII I I I�� III I 3. ServAdult Signature o Registered llT" ® ❑ Adult Signature ❑Registered MaIITM p Adult Signature Restricted Delivery ❑ Registered Mail Restrict( Dertified WHO Delivery 9590 9402 2119 6132 6483 93 ❑ Certified Mail Restricted Delivery /return Receipt for ❑ Collect on Delivery Merchandise 2__ Article -Number ffransfecfrom.service_labell ___ ❑ Collect on Delivery Restricted Delivery ❑ Signature Confirmat lonj Nail , ❑ Signature Confirmation - 7 015 ;15 R0. 2 2 0 3 `;. 54 6i3 13 210 i ;oathRestricted.Delivery j ' Restricted Delivery DR Fnrm•3R17•_.h1111gnl!i YY7I/—f1A USPS TRACKING # First -Class Mail Postage & Peed USPS i Permit No. G-10 9590 9402 �Wi %'132 6483 93 ed States • Se, der: Please print your name, address, and ZIP+4® in this box• tal Service o m ID � U �v O C\, JANET C ELL NCOE -0W4N ROS 2090 U.S. HIGHWAY 70 SWANNANOA NC 28770 W C � > a� iN _— N •> Q n a� m NORTH CAROLINA7nFE: ARTMENT..- OF ENVIRONMENTg�J �1R€-SO.U.R.CES.� SURFACE WATERPR 2090 U.S. HIGHWAY;? SWANNANOA NC 2'87 i ` MAR 12 2007 i ��,; WATER QUALI T1� _ � y �t�s.: '+ram -� yr ar r 54$f-)/-640.FEB 15 2007 o V ivisdLEU FROM eIr C-OFJE p o i i o i qq q' _70062150 0005 2459 6523 _ s'z P,+ Pi1v ASNF',/I! I KEN WHEAT CZAPPNIPP I A41P¢ I ITII ITV r,n IN(` 193.r I'J'I ED MAIL RETURN RECEIPT REQUESTED six n Cs i 7:�vs- u ■ Complete items 1, 2, and 3. Also complete A. Signature item 4 if Restricted Delivery is desired. ❑ Agent I X ■ Print your name and address on the reverse ❑ Addressee so that we can return the card to you. B. Received by (Printed Name) C. Date of Delivery ■ Attach this card to the back of the mailpiece, North Carolina Department of afferent from item 17 ❑Yes . • . Environment and Natural Resources) address below: ❑ No 2090 U.S. Highway 70, Swannanoa, Nc 28778 NCDENR - KEN WHEAT I 3. eryice Type ' SAPPHIRE LAKES UTILITY CO INC. ��ed Mail - E3 Express Mail POS FFICE BOX 130 egistered �etum Receipt for Merchandise , SAPE NC 28774 ❑ Insured Mail C.O.D. NORTH CAROLINA DEPARTMENT CERTIFIED MAIL " OF ENVIRONMENT AND NATURAL RESOURCES SURFACE WATER PROTECTION 2090 U.S. HIGHWAY 70 SWANNANOA NC 28778 tI 8 4 r1/. �1. 0 F E 8 15 2007 l O 1 MA1LCU FROiVi ZiF LODE C O 1 f O �.........., 7006 2150 0005 2459 6516 1st • = I l KEN WHEAT ! I J MAR 2007 SAPPHIRE LAKES UTILITY CO INC ' POST OFFIr''� SAPPHIRE VVATER QUAL!Tl' SECTIOfJ �'• CERTqcl{_, ! RFGIONI L per G- r i IRE 1 i C� � Eehfi3ER I Aft--=--- ----_! t��s►��o RETURN...RECE1'F-T°R{;:. s3-??4'�`"3i 3c�—'$7�� L �1/'13I`Ilel•itllt��1'fflill�l111lllllillrilla111I11, f,alluel�llgl�}I c COMPLETEi ■ Complete items 1, 2, and 3. Also complete A. Signature item 4 if Restricted Delivery is desired. ❑ Agent X ■ Print your name and address on the reverse ❑ Addressee , • so that we can return the card to you. B. Received by (Printed Name) C. Date of Delivery i ■ Attach this card to the back of the mailpiece, �. North C'aroliiYa,.Departmet of fferentfrom item 17 ❑Yes Environment and NaturaL:Resource y address below: ❑ No ----- -�`_ 2090 U.S. Highway 70; Swannanoa-4 "' ." ' . NCDENR ` _ . .;:SY.• KEN WHEAT. ' 3. a ce Type I j SAPPHIRE LAIE6kth"LITY CO INC Certified -Mall! 0 F,xpress Mail POST OFFWE BOX 130 I egistered etum Receipt for Merchandise SAPPHIRE@ C 28774 �— ❑"Insured Mail O.D. -- - -- --- -I' 4. Restricted Delivery? (Extra Fee) ❑Yes ~ j 7006 2150 0005 2459 6516 alllt� -Zdv�.LV .QC��'7a _. • - c PS Form 3811 February 2004 _ ! Domestic Return Receipt j !--;'- � ,—'s: �': i+'.—�-4 -- 4—°:= . E n l-i ! - c ' — - P - - - -- - - 102595 02-M-1540 -- -