NC0075353_Regional Office Physical File Scan Up To 10/6/2020

Certified Mail # 70161370 00016571 8386
Return Receipt Reciuested -
June 27, 2017
Linda G Isaacs
McDowell Assisted Living LLC
PO Box 909
Marion, NC 28752-0909
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. NCO075353
McDowell Assisted Living LLC
McDowell Assisted Living WWTP
Case No. LV-2017-0190
McDowell County
Dear Permittee:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $216.62 ($100.00 civil penalty +
$116.62 enforcement costs) against McDowell Assisted Living LLC.
This assessment is based upon the following facts: a review has been conducted of the Discharge Monitoring Report
(DMR) submitted by McDowell Assisted Living LLC for the month of March 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.
NC0075353. The violations, which occurred in March 2017, are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that McDowell Assisted Living LLC violated the terms,
conditions or requirements of NPDES WW Permit No. NCO075353 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 McDowell
Assisted Living LLC:
State of 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.NCQ075353, by discharging wastewater into
the waters of the State in violation of the Permit Daily Maximum for BOD - Cone.
$0.00 0 of the 1 violations of 143-215.l(a)(6) and Permit NO.NC0075353, by discharging waste water into
the waters of the State in violation of the Permit Monthly Average for TSS - Cone.
$100.00 TOTAL ClVIEL PENALTY
$116.62 Enforcement Costs
$216.62 TOTAL AMOUNT DUE
Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into account the Findings of Fact and
Conclusions of Law and the factors set forth at G.S. 143B-282.1(b), which are:
(1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property
resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance,
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs over which the Environmental
Management Commission has regulatory authority; and
(8) The cost to the State of the enforcement procedures.
Within thirty (30) clays 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 t: 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 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 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-2$2.1(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 Q 0) days of receipt of this
notice. The Division of Water Resources also requests that you complete and submit the enclosed "Justification for
Remission Request."
Both forms should be submitted to the following address:
Wastewater Branch
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617

Option 3: File a petition for an administrative hearinI4 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 (3 0) days of receipt of this notice. A petition is considered filed
when it is received in the Office of Administrative Hearings during normal office hours. The Office of Administrative
Hearings accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for official state
holidays: The petition maybe filed by facsimile (fax) or electronic mail by an attached file (with restrictions) -provided
the signed original, one (1) copy and a filing fee (if a filing fee is required by NCGS § 150B-23.2) is received in the
Office of Administrative Hearings within seven (7) business days following the faxed or electronic transmission. You
should contact the Office of Administrative Hearings with all questions regarding the filing fee and/or the details of the
filing process.
The mailing address and telephone and fax numbers for the Office of Administrative Hearings are as follows:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Tel: [phone]
Fax: [phone]
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 [phone] or via email [e-mail].
Sincerely,
y
G. Landon Davidson, P.G., Regional Supervisor
Water Quality Regional Operations Section
Asheville Regional Office
Division of Water Resources, NCDEQ
ATTACHMENTS
(Gc _':W,.�QSr=Ashe�i�l�le Reg�onal�O�ce=;En£orcem�:.�i�le�
NPDES Compliance/Enforcement Unit - Enforcement File
G:\WR\WQVY1cDo,vell,AlastewaterV%litwrs\NtcDowell Assisted Living 75353ALV-2017-0190.i f

JUSTIFICATION FOR REMISSION REQUEST
Case Number: LV-2017-0190
Assessed Party: McDowell Assisted Living LLC
Permit No.: NC0075353
County: McDowell
Amount Assessed: $216.62
Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission,
Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form to request remission of this civil penalty.
You should attach any documents that you believe support your request and are necessary for the Director to consider in
evaluating your request for remission. Please be aware that a request for remission is limited to consideration of the five
factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting
remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual
statements contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 14313-282.1(c), remission of a civil
penalty may be granted only when one or 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 MCDOWELL
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST
McDowell Assisted Living LLC
McDowell Assisted Living WWTP
PERMIT NO. NCO075353
DEPARTMENT OF ENVIRONMENTAL QUALITY
WAIVER OF RIGHT TO AN
ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
CASE NO. LV-2017-0190
Having been assessed civil penalties totaling $216.62 for violation(s) as set forth in the assessment document of the Division
of Water Resources dated June 27, 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 (3 0) days of receipt of the notice
of assessment. No new evidence in support of a remission request will be allowed after (3 0) days from the receipt of the
notice of assessment.
This the day of , 20
SIGNATURE
ADDRESS
TELEPHONE

ATTACHMENT A
McDowell Assisted Living LLC
CASE NUMBER: LV-2017-0190
PERMIT: NCO075353
FACILITY: McDowell Assisted Living VVWTP
LIMIT VIOLATION(S)
REGION: Asheville
COUNTY: McDowell
SAMPLE LOCATION: Outfall 001 - Effluent
Violation Report Unit of Limit Calculated % Over Violation Penalty
Date MonthNr Parameter Frequency Measure Value Value Limit Type Amount
3/29/2017 3-2017 BOD, 5-Day (20 Deg. Weekly mg/I 45 57.70 28.2 Daily $100.00
C) - Concentration Maximum
Exceeded
3/31/2017 3-2017 Solids, Total Weekly mg/I 30 34.00 13.2 Monthly $0.00
Suspended- Average
Concentration Exceeded

DIVISION OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT (File)
1)
2)
3)
4)
Violator: McDowell Assisted Living LLC
Facility Name: McDowell Assisted Living WWTP
Permit Number: NCO075353
County: McDowell
Case Number: LV-2017-0190
ASSESSMENT FACTORS
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.
The duration and gravity of the violation;
One Daily Max BOD exceeded the permit limit by 28.22%.
One Monthly Average TSS exceeded the permit limit by 13.19%.
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.
The cost of rectifying the damage;
The cost is unknown.
5) The amount of money saved by noncompliance;
The amount of money saved is unknown.
The amount of money saved would include the cost of excess solids removal and additional aeration. It
would also include more operating and maintenance time on site and the cost of additional chemical
treatment.
The amount of money saved would include the cost of collection of the additional samples and the cost of
analyzing them at a certified lab.
6) Whether the violation was committed willfully or intentionally;.
It does not appear to be either.
7) The prior record of the violator in complying or failing to comply with programs over which the Environmental
Management Commission has regulatory authority; and
There have been no civil penalty enforcements in the twelve months prior to this violation.
8) The cost to the State of the enforcement procedures.
$116.62
oro • -
Date
G. Landon Davidson, P.G., Regional Supervisor
Water Quality Regional Operations Section
Asheville Regional Office
Division of Water Resources, NCDEQ

NPDES PERMIT NO.: NCO075353 PERMIT VERSION: 4.0
FACILITY NAME: McDowell Assisted Living WWTP CLASS: WW-2
OWNER NAME: McDowell Assisted Living LLC ORC: Robert Gross Rowe
GRADE: WW-2 ORC HAS CHANGED: No
eDMR PERIOD: 03-2017 (March 2017). VERSION: 1.0
PERMIT STATUS: Active
COUNTY: McDowell
ORC CERT NUMBER: 999739
STATUS: Processed
SAMPLING LOCATION: EFFLUENT DISCHARGE NO.: 001 NO DIS CIIARGE* • NO
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50050
00010
00400
5o060 J
f$j
C0310
C0610
C0530
31616
Weekly
Weekly
Weekly
2Xweek
Weekly
Weekly
Weekly
Weekly
Instantaneous
Grab
Grab
Grab
Grab
Grab
Grab
Grab
FLOW
TEMP-C
pH
CHLORINE
BOD-Con
NH3-N-Cane
TSS - Cone
FCOLI BR
2400 clock
Mrs
2400 clock
11r5
YBIN
mgd
deg c
so
ug/l
m
m9/1
ff 7
#/100m1
1
0847
.17
Y
< 15
2
1325
.17
Y
15
7
< 15
27.3
4.55
22.8
< 1
3
0852
.17
Y
1
4
5
6
0758
.17
Y
0.002
11.8
7.9
< 15
7
1040
.17 '
Y
8
0824
.17
Y
<15
9
0805
.25
Y
12.5
7.4
<2
4.43
39.3
<2
10
0720
.17
Y
11 -
12
13
0925
.17
Y
0.002
13
9
< 15
14
0935
.17
Y
11.6
8.1
12.4
6.31
39
<2
15
1510
.17
Y
< 15
16
0842
.17
Y
9.9
7.9
17
0848
.17
Y
18
19
20
0830
.17
Y
0.002
< 15
21
0751
.17
Y
12.3
7.4
5.86
9.22
28.6
<4
22
0825
.17
Y
< 15
34.5
23
0845
.25
Y
11.4
7.5
37.1
24
0735
.17
Y
25
26
27
0810
.25
Y
0.002
15.2
8.2
< 15
28
0810
.17
Y
29
0805
.25
Y
15.2
8.2.
<15 j,4F
57.7
9.71
36.4
<2
30
1030
.17
Y
31
0715
.17
Y
Monthly Average Limit:
0.01
30
30
200
Monthly Average:
0.002
12.79
0
20.652
6.844
33.957143
11
Daily Maximum:
0.002
15.2
9
0
57.7
9.71
39.3
0
Daily Miuimum:
0.002
9.9
7
0
0
4.43
22.8
0
****NoReporting Reason: ENFRUSEE=No Flow-Reuse/Recycle; ENVWTHR=No Visitation- Adverse Weather; NOFLOW=No Flow; HOLIDAY=NoVisitation -Holiday
/ �z r�

NPDES PERMIT NO.: NCO075353 PERMIT VERSION: 4.0 PERMIT STATUS: Active
FACILITY NAME: McDowell Assisted Living WWTP CLASS: WW-2 COUNTY: McDowell
OWNER NAME: McDowell Assisted Living LLC ORC: Robert Gross Rowe ORC CERT. NUMBER: 999739
GRADE: WW-2 ORC HAS CHANGED: No
eDMR PERIOD: 03-2017 (March 2017) . VERSION: 1.0. STATUS: Processed
COMPLIANCE STATUS: Compliant CONTACT PHONE #: [phone] SUBMISSION DATE: 04/17/2017
04/17/2017
ORC/Certifier Signature:. Robert Rowe E-Mail:[e-mail] Phone #:[phone] Date
By this signature, I certify that this report is accurate and complete to the best of my knowledge.
The permittee shall report to the Director or the appropriate Regional Office any noncompliance that potentially threatens public health or the environment.
Any information shall be provided orally within 24 hours from the time the permittee became aware of the circumstances. A written submission shall also be
provided within 5 days of the time the permittee becomes aware of the circumstances.
If the facility is noncompliant, please attach a list of corrective actions being taken and a time -table for improvements to be made as required by part II.E.6 of
the NPDES permit.
04/17/2017
Permittee/Submitter Signature:*** Juanita James E-Mail:[e-mail] Phone #:[phone] Date
Permittee Address: Rt 9 Box 415 Marion NC 28752 Permit Expiration Date: 12/31/2019
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.
CERTIFIED LABORATORIES
LAB NAME: James & James Environmental Mgt., Inc.
CERTIFIED LAB #: 482
PERSON(s) COLLECTING SAMPLES: Robert Rowe
PARAMETER CODES
Parameter Code assistance may be obtained by calling the NPDES Unit [phone] or by visiting http://portal.nedenr.org/web/wq/swp/ps/npdes/forms.
FOOTNOTES
Use only units of measurement designated in the reporting facility's NPDES permit for reporting data.
* No Flow/Discharge From Site: Check this box if no discharge occurs and, as a result, there are no data to be entered for all of the parameters on the DMR
for entire monitoring period.
** ORC on Site?: ORC must visit facility and document visitation of facility as required per 15A NCAC 8G .0204.
*** Signature of Permittee: If signed by other than the permittee, then delegation of the signatory authority must be on file with the state per 15A NCAC 2B
.0506(b)(2)(D).

NPDES PERMIT NO.: NCO075353 PERMIT VERSION: 4.0
FACILITY NAME: McDowell Assisted Living W WTP CLASS: W W-2
OWNER NAME: McDowell Assisted Living LLC ORC: Robert Gross Rowe
GRADE: WW-2 ORC HAS CHANGED: No
eDMR PERIOD: 03-2017 (March 2017) VERSION: 1.0
PERMIT STATUS: Active
COUNTY: McDowell
ORC CERT NUMBER: 999739
STATUS: Processed
Report Comments:
On the 2nd, 14th and 29th, BOD data valid; Blank was >0.20mg/L. On the 2nd, BOD data valid; GGA was greater than 228.5mg/L.
Your facility exceeded the permit discharge limits on the items listed below:
BOD-5 DAY 57.7 mg/l on the 29th
Compliant Monthly Average
TOTAL SUSPENDED SOLIDS 33.957 mg/l Monthly Average
This gave one daily maximum violation and did give two monthly violations. We determined that the cause of the violation was probably due to the facility having an inflow of
something toxic or grease. The facility regained compliance quickly. The effluent was clear and no odor was present. The facility was scheduled to be pumped of the grease to
allow for the system to recover.
You may receive a fine for this violation.

Certified Mail # 7015 1520 0003 5463 4125-
Return ReceiRt Requested
May 26, 2017
Linda .G Isaacs
McDowell Assisted Living LLC
PO Box 909
Marion, NC 28752-0909
SUBJECT: NOTICE OF VIOLATIONS&.IN�EEV,T_TO ASSESS CIVIL PENALTY
Tracking Number:NQ}20�w7MIf,01►2�2#8 NOV 2017 LV 0395'
Permit No. NCO075353
McDowell Assisted Living WWTP
McDowell County
Dear Permittee:
A review of the February 2017 Discharge Monitoring Report (DMR) for the subject facility revealed the
vi6lation(s) indicated below:
Monitoring Violation(s);�a^ 7?2C
Sample Monitoring V•Z-'j'�-l7%1
Location Parameter Date Frequency Type of Violation
001 Effluent Chlorine, Total Residual (50060) 2/4/2017 2 X week Frequency Violation
1X
b01 Effluent Nitrogen, Ammonia Total (as N) - 2/11/2017 Weekly Frequency Violation Pox-"
Concentration (C0610)
�x
A review of the March 2017 Discharge Monitoring Report (DMR) for the subject facility revealed the violation(s)
indicated below:
Limit Exceedance ViolationLl. (NOV 2017 LV 0395)
Sample Limit Reported
Location Parameter Date Value Value Type of Violation
001 Effluent, BOD, 5-Day (20 Deg. C) - 3/29/2017 45 57.7 Daily Maximum Exceeded
Concentration (C0310)
001 Effluent Solids, Total Suspended - 3/31/2017 30 33.96 Monthly Average Exceeded
Concentration (CO530)
State of North Carolina I Environmental Quality I Water Resources
2090 U.S. 70 Highway, Swannanoa, NC 28778
828-2964500

A Notice of Violation/Intent to Issue Civil Penalty is being issued for the noted violation of North Carolina General
Statute (G.S.) 143-215.1 and the facility's NPDES Permit. Pursuant to G.S. 143-215.6A, a civil penalty of not
more than twenty-five thousand dollars ($25,000.00) may be assessed against any person who violates or fails.
to act in accordance with the terms, conditions, or requirements of any permit issued pursuant to G.S..
143-215.1.
If you wish to provide additional information regarding the noted violation, request technical assistance, or
discuss overall compliance please respond in writing within ten (10) business days after receipt of this Notice.
A review of your response will be considered along with any information provided on the submitted Discharge
Monitoring Report(s). You will then be notified -of any civil penalties that may be assessed regarding the
violations. If no response is received in this Office within the 10-day period, a civil penalty
assessment may be prepared.
Remedial actions should have already been taken to correct this problem and prevent further occurrences in the
future. The Division of Water Resources may pursue enforcement action for this and any additional violations of
State law.
Reminder: Pursuant to Permit Condition 6 in Section E. the Permittee is required to verbally notify the Regional
Office as soon as possible, not to exceed 24, hours, from first knowledge of any non-compliance at
the facility including limit violations, bypasses of, or failure of a treatment unit. A written report may
be required within 5 days if directed by Division staff: Prior notice should be given for anticipated or
potential problems due to planned maintenance activities, taking units off-line, etc.
If you have any questions concerning this matter, please contact Janet Cantwell of the Asheville Regional
Office at 828-296-4500.
Sincerely,
G. Landon Davidson, P.G., Regional Supervisor
Water Quality Regional Operations Section
Asheville Regional Office
Division of Water Resources, NCDEQ
WQS Asheville Regional Office - Enforcement File
NPDES Compliance/Enforcement Unit - Enforcement File
G:\WR\WQ\McDowell\Wastewater\Minors\McDowell Assisted Living 75353\NOV-NOI-2017-MV-0122 - LV-0395.rtf

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Certified Mail # 7016 1370 0001 6571 8386
Return Receipt Requested
June 27, 2017
Linda G Isaacs
McDowell Assisted Living LLC
PO Box 909
Marion, NC 28752-0909
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. NCO075353
McDowell Assisted Living LLC
McDowell Assisted Living WWTP
Case No. LV-2017-0190
McDowell County
Dear Permittee:
i
"'t�CP{JJ's
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $216.62 ($100.00 civil penalty +
$116.62 enforcement costs) against McDowell Assisted Living LLC.
This assessment is based upon the following facts: a review has been conducted of the Discharge Monitoring Report
(DMR) submitted by McDowell Assisted Living LLC for the month of March 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.
NC0075353. The violations, which occurred in March 2017, are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that McDowell Assisted Living LLC violated the terms,
conditions or requirements of NPDES WW Permit No. NCO075353 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 maybe
assessed against any person who violates the terms, conditions or requirements of a permit required by G.S. 143-215.1(a).
Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the Secretary
of the Department of Environmental Quality and the Director of the Division of Water Resources, I, G. Landon Davidson,
P.G., Regional Supervisor, Asheville Regional Office hereby make the following civil penalty assessment against McDowell
Assisted Living LLC:
State of 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.l(a)(6) and Permit No.NC0075353, by discharging waste water into
the waters of the State in violation of the. Permit Daily Maximum for BOD - Conc.
$0.00 0 of the 1 violations of 143-215.1(a)(6) and Permit No.NC0075353, by discharging wastewater into
the waters of the State in violation of the Permit Monthly Average for TSS - Cone.
$100.00 TOTAL CIVIL PENALTY
$116.62 Enforcement Costs
$216.62 TOTAL AMOUNT DUE
Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into account the Findings of Fact and
Conclusions of Law and the factors set forth at G.S. 143B-282.1(b), which are:
(1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property
resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs over which the Environmental
Management Commission has regulatory authority; and
(8) The cost to the State of the enforcement procedures.
Within thirty (30) days of receipt of this notice, you must do one of the following:
(1) Submit payment of the penalty, OR
(2) Submit a written request for remission, OR
(3) Submit a written request for an administrative hearing
Option 1: Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environmental Quality (do not include waiver
form). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s).
Please submit payment to the attention of:
Wastewater Branch
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617

Option 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 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) d4ys of receipt of this
notice. The Division of Water Resources also requests that you complete and submit the enclosed "Justification for
Remission Request."
Both forms should be submitted to the following address:
Wastewater Branch .
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617

Option 3: File a petition for an administrative hearing with the Office of Administrative 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 petition may be filed by facsimile (fax) or electronic mail by an attached file (with restrictions) - provided
the signed original, one.(1) copy and a filing fee (if a filing fee is required by NCGS §150B-23.2) is received in the
Office of Administrative Hearings within seven (7) business days following the faxed or electronic transmission. You
should contact the Office of Administrative Hearings with all questions regarding the filing fee and/or the details of the
filing process.
The mailing address and telephone and fax numbers for the Office of Administrative Hearings are as follows:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Tel: [phone]
Fax: [phone]
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 [phone] or via email [e-mail].
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
(i.'\kVR\14Q\6McDowell\R'astecaater,\linor.�u4lcDowell Assisted Living 95353\.1,V-2017-0190.rtf

JUSTIFICATION FOR REMISSION REQUEST
Case Number: LV-2017-0190 County: McDowell
Assessed Party: McDowell Assisted Living LLC
Permit No.: NC0075353 Amount Assessed: $216.62
Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission,
Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form to request remission of this civil penalty.
You should attach any documents that you believe support your request and are necessary for the Director to consider in
evaluating your request for remission. Please be aware that a request for remission is limited to consideration of the five
factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting
remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual
statements contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 143B-282.1(c), remission of a civil
penalty may be granted only when one or more of the following five factors apply. Please check each factor that you
believe applies to your case and provide a detailed explanation, including copies of supporting documents, as to why the
factor applies (attach additional pages as needed).
(a) one or more of the civil penalty assessment factors in N.C.G.S. 14313-282.1(b) were wrongfully applied to the
detriment of the petitioner (the assessment factors are listed in the civil penalty assessment document);
(b) the violator promptly abated continuing environmental damage resulting from the violation (i.e., explain the
steps that you took to correct the violation and prevent future occurrences);
(c) the violation was inadvertent or a result of an accident (i.e., explain why the violation was unavoidable or
something you could not prevent or prepare for);
(d) the violator had not been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions (i.e., explain
how payment of the civil penalty will prevent you from performing the activities necessary to achieve
compliance).
EXPLANATION:

STATE OF NORTH CAROLINA
COUNTY OF MCDOWELL
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST
McDowell Assisted Living LLC
McDowell Assisted Living WWTP
PERMIT NO. NCO075353
DEPARTMENT OF ENVIRONMENTAL QUALITY
WAIVER OF RIGHT TO AN
ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
CASE NO. LV-2017-0190
Having been assessed civil penalties totaling $216.62 for violation(s) as set forth in the assessment document of the Division
of Water Resources dated June 27, 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
63MO NILI).70,
20

ATTACHMENT A
McDowell Assisted Living LLC
CASE NUMBER: LV-2017-0190
PERMIT: NCO075353
REGION:
Asheville
FACILITY: McDowell Assisted Living WWTP
COUNTY:
McDowell
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
3/29/2017 3-2017 BOD, 5-Day (20 Deg. Weekly
mg/I
45
57.70 28.2
Daily
$100.00
C) - Concentration
Maximum
Exceeded
3/31/2017 3-2017 Solids, Total Weekly
mg/I
30
34.00 13.2
Monthly
$0.00
Suspended-
Average
Concentration
Exceeded

DIVISION OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT (File)
Violator: McDowell Assisted Living LLC
Facility Name: McDowell Assisted Living WWTP.
Permit Number: NCO075353
County: McDowell
Case Number: LV-2017-0190
ASSESSMENT FACTORS
1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property
resulting from the violation;
All effluent violations may be detrimental to the receiving stream but may not be immediately quantified.
2) The duration and gravity of the violation;
One Daily Max BOD exceeded the permit limit by 28.22%.
One Monthly Average TSS exceeded the permit limit by 13.19%.
3) The effect on ground or surface water quantity,or quality or on air quality;
All effluent violations may be detrimental to the receiving stream but may not be immediately quantified.
4) The cost of rectifying the damage;
The cost is unknown.
5) The amount of money saved by noncompliance;
The amount of money saved is unknown.
The amount of money saved would include the cost of excess solids removal and additional aeration. It
would also include more operating and maintenance time on site and the cost of additional chemical
treatment.
The amount of money saved would include the cost of collection of the additional samples and the cost of
analyzing them at a certified lab.
6) Whether the violation was committed willfully or intentionally;
It does not appear to be either.
7) The prior record of the violator in complying or failing to comply with programs over which the Environmental
Management Commission has regulatory authority; and
There have been no civil penalty enforcements in the twelve months prior to this violation.
8) The cost to the State of the enforcement procedures_ .
$116.62
Date G. Landon Davidson, P.G., Regional Supervisor
Water Quality Regional Operations Section
Asheville Regional Office
Division of Water Resources, NCDEQ

NPDES PERMIT NO.: NCO075353 PERMIT VERSION: 4.0
FACILITY NAME: McDowell Assisted Living WWTP CLASS: WW-2
OWNER NAME: McDowell Assisted Living LLC ORC: Robert Gross Rowe
GRADE: WW-2 ORC HAS CHANGED: No
eDMR PERIOD: 03-2017 (March 2017) VERSION: 1.0
PERMIT STATUS: Active
COUNTY: McDowell
ORC CERT NUMBER: 999739
STATUS: Processed
SAMTLING LOCATION: EFFLUENT DISCHARGE lit®.: 001 NO DISCHARGE' NO
G
e
e
F
e
o
Q
P
o
"9
�
m
o°
z
5
au
w
Z
50050
00010
00400
50060
C0310
C0610 j
/
C0530
31616
Weekly
Weekly
Weekly
2Xweek
Weekly
Weekly
Weekly
Weekly
Instantaneous
Grab
Grab
Grab
Gra
Grab
Grab
Grab
FLOW
TEMP-C
PH
CHLOPWE
BOD-Con
NH3-N-Conc
TSS - Cone•
FCOLI BR
2400 clock
Hrs
2400 dock
Hrs
Y/B/N
mgd
deg o
so
t
ug/l
m
Y
mg/1
#/100m1
1
0847
.17
Y
< 15
2
1325
.17
Y
15
7
< 15
27.3
4.55
22.8
< 1
3
0852
.17
Y
4
5
6
0758
.17
Y
0.002
11.8
7.9
< 15
7
1040
.17 '
Y
8
0824
.17
Y
< 15
9
0805
.25
Y
12.5
7.4
<2
4.43
39.3
<2
10
0720
.17
Y
11 -
12
13
0925
.17
Y
0.002
13
9
< 15
14
0935
.17
Y
11.6
8.1
12.4
6.31
39
<2
15
1510
.17
Y
< 15
16
0842
.17
Y
9.9
7.9
17
0848
.17
Y
1s
19
20
0830
.17
Y
0.002
< 15
21
0751
.17
Y
12.3
7.4
5.86
9.22
28.6
<4
22
1 10825
1.17
Y I
j< 15
134.5
23
0845
.25
Y
11.4
7.5
37.1
24
0735
.17
Y
25
26
27
0810
.25
Y
0.002
15.2
8.2
< 15
28
0810
.17
Y
29
0805
.25
Y
15.2
8.2
< 15
57.7
9.71
36.4
< 2
30
1030
.17
Y
31
1
10715
1.17
JY
Monthly Average Until:
0.01
30
30
200
Monthly Average:
0.002
12.79
0
20.652
6.844
33.957143
1
Daily Maximum:
0.002
15.2
9
0
57.7
9.71
39.3
0
DaByMlnimum:
0.002
9.9
7
0
0
4.43
22.8
0
****No Reporting Reason: ENFRUSE = No Flow-Reuse/Recycle; ENVWTHR=No Visitation- Adverse Weather; NOFLOW=No Flow; HOLIDAY =NoVisitation -Holiday
r
�y

NPDES PERMIT NO.: NCO075353 PERMIT VERSION: 4.0
FACILITY NAME: McDowell Assisted Living WWTP CLASS: WW-2
OWNER NAME: McDowell Assisted Living LLC ORC: Robert Gross Rowe
GRADE: WW-2
eDMR PERIOD: 03-2017 (March 2017)
COMPLIANCE STATUS: Compliant
ORC HAS CHANGED: No
VERSION. 1.0
CONTACT PHONE #: [phone]
PERMIT STATUS: Active
COUNTY: McDowell
ORC CERT NUMBER: 999739
STATUS: Processed
SUBMISSION DATE: 04/17/2017
ORC/Certifier Signature: Robert Rowe E-Mail:[e-mail] Phone #:[phone]
By this signature, I certify that this report is accurate and complete to the best of my knowledge.
04/17/2017
Date
The permittee shall report to the Director or the appropriate Regional Office any noncompliance that potentially threatens public health or the environment.
Any information shall be provided orally within 24 hours from the time the permittee became aware of the circumstances. A written submission shall also be
provided within 5 days of the time the permittee becomes aware of the circumstances.
If the facility is noncompliant, please attach a list of corrective actions being taken and a time -table for improvements to be made as required by part II.E.6 of
the NPDES permit.
04/17/2017
Permittee/Submitter Signature:*** Juanita James E-Mail:[e-mail] Phone #:[phone] Date
Perm ittee Address: Rt 9 Box 415 Marion NC 28752 Permit Expiration Date: 12/31/2019
I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed
to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who managed the
system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true,
accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for
knowing violations.
LAB NAME: James & James Environmental MQt., Inc.
CERTIFIED LAB #: 482
PERSON(s) COLLECTING SAMPLES: Robert Rowe
CERTIFIED LABORATORIES
PARAMETER CODES
Parameter Code assistance maybe obtained by calling the NPDES Unit [phone] or by visiting http://portal.nedenr.org/web/wq/swp/ps/npdes/forms.
FOOTNOTES
Use. only units of measurement designated in the reporting facility's NPDES permit for reporting data.
* No Flow/Discharge From Site: Check this box if no discharge occurs and, as a result, there are no data to be entered for all of the parameters on the DMR
for entire monitoring period.
** ORC on Site?: ORC must visit facility and document visitation of facility as required per 15A NCAC 8G .0204.
*** Signature of Permittee: If signed by other than the permittee, then delegation of the signatory authority must be on file with the state per 15A NCAC 2B
.0506(b)(2)(D).

a
Y
NPDES PERMIT NO.: NCO075353 PERMIT VERSION: 4.0 PERMIT STATUS: Active
FACILITY NAME: McDowell Assisted Living WWTP CLASS: WW-2 COUNTY: McDowell
OWNER NAME: McDowell Assisted Living LLC ORC: Robert Gross Rowe ORC CERT NUMBER: 999739
GRADE: WW-2 ORC HAS CHANGED: No
eDMR PERIOD: 03-2017 (March 2017) VERSION: 1.0 STATUS: Processed
Report Comments:
On the 2nd, 14th and 29th, BOD data valid; Blank was >0.20mg/L. On the 2nd, BOD data valid; GGA was greater than 228.5mg/L.
Your facility exceeded the permit discharge limits on the items listed below:
BOD-5 DAY 57.7 mg/1 on the 29th
Compliant Monthly Average
TOTAL SUSPENDED SOLIDS 33.957 me Monthly Average
This gave one daily maximum violation and did give two monthly violations. We determined that the cause of the violation was probably due to the facility having an inflow of
something toxic or grease. The facility regained compliance quickly. The effluent was clear and no odor was present. The facility was scheduled to be pumped of the grease to
allow for the system to recover.
You may receive a fine for this violation.

54.

E
nor;`-
r
0
}li 1TAL CIA%(, Y
Certified Mail # 7015 1520 0003 5463 4125
Return ReceiRt Requested
May 26, 2017
Linda G Isaacs
McDowell Assisted Living LLC
PO Box 909
Marion, NC 28752-0909
SUBJECT: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY
Tracking Number: NOV-2017-MV-0122 �201 `I:.03J'
Permit No. NCO075353
McDowell Assisted Living WWTP
McDowell County
Dear Permittee:
A review of the February 2017 Discharge Monitoring Report (DMR) for the subject facility revealed the
violation(s) indicated below:
Monitoring Violation(s): (NOV-2017-MV-0122) 7%Ze a�• �/� ��
Sample Monitoring
Location Parameter Date Frequency Type of Violation
001 Effluent Chlorine, Total Residual (50060) 2/4/2017 2 X week Frequency Violation 7
1 Effluent Nitrogen, Ammonia Total (as N) - 2/11/2017 Weekly Frequency Violation
Concentration (C0610)
em
A review of the March 2017 Discharge Monitoring Report (DMR) for the subject facility revealed the violation(s)
indicated below:
Limit Exceedance Violation(s): (N01/;20i7=LV 0
Sample I Limit Reported
Location Parameter Date Value Value Type of Violation
001 Effluent BOD, 5-Day (20 Deg. C) - 3/29/2017 45 57.7 Daily Maximum Exceeded
Concentration (C0310)
001 Effluent Solids, Total Suspended - 3/31/2017 30 33.96 Monthly Average Exceeded
Concentration (CO530)
State of North Carolina I Environmental Quality I Water Resources
2090 U.S. 70 Highway, Swannanoa, NC 28778
828-296-4500

A Notice of Violation/Intent to Issue Civil Penalty is being issued for the noted violation of North Carolina General
Statute (G.S.) 143-215.1 and the facility's NPDES Permit. Pursuant to G.S. 143-215.6A, a civil penalty of not
more than twenty-five thousand dollars ($25,000.00) may be assessed against any person who violates or fails
to act in accordance with the terms, conditions, or requirements of any permit issued pursuant to G.S.
143-215.1.
If you wish to provide additional information regarding the noted violation, request technical assistance, or
discuss overall compliance please respond in writing within ten (10) business days after receipt of this Notice.
A review of your response will be considered along with any information provided on the submitted Discharge
Monitoring Report(s). You will then be notified of any civil penalties that may be assessed regarding the
violations. If no response is received in this Office within the 10-day period, a civil penalty
assessment may be prepared.
Remedial actions should have already been taken to correct this problem and prevent further occurrences in the
future. The Division of Water Resources may pursue enforcement action for this and any additional violations of
State law.
Reminder: Pursuant to Permit Condition 6 in Section E, the Permittee is required to verbally notify the Regional
Office as soon as possible, not to exceed 24 hours, from first knowledge of any non-compliance at
the facility including limit violations, bypasses of, or failure of a treatment unit. A written report may
be required within 5 days if directed by Division staff. Prior notice should be given for anticipated or
potential problems due to planned maintenance activities, taking units off-line, etc.
If you have any questions concerning this matter, please contact Janet Cantwell of the Asheville Regional
Office at 828-296-4500.
Sincerely,
G. Landon Davidson, P.G., Regional Supervisor
Water Quality Regional Operations Section
Asheville Regional Office
Division of Water Resources, NCDEQ
Cc-,.WQS Asheville Regional Office - Enforcement File
NPDES Compliance/Enforcement Unit - Enforcement File
G:\WR\WQ\MCDowe[R,,Wastewater\Minors\McDowell Assisted Living 75353\NOV-NOI-2017-MV-0122 - LV-0395.rtf

Certified Mail # 7015 1520 0003 5463 4125
Return Receipt Requested
May 26, 2017
Linda 6 Isaacs
McDowell Assisted Living LLC
PO Box 909
Marion, NC 28752-0909
SUBJECT: NOTICE'OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY
Tracking Number: NOV-2017-MV-0122 & NOV-2017-LV-0395
Permit No. NCO075353
McDowell Assisted Living WV TP
McDowell County
Dear Permittee:
A review of the February 2017 Discharge Monitoring Report (DMR) for the subject facility revealed the
violation(s) indicated below:
Monitoring Violation(s): (NOV-2017-MV-0122)
Sample Monitoring
Location Parameter Date Frequency Type of Violation
001 Effluent Chlorine, Total Residual (50060) 2/4/2017 2 X week Frequency Violation
001 Effluent Nitrogen, Ammonia Total (as N) - 2/11/2017 Weekly Frequency Violation
Concentration (C0610).
A review, of the March 2017 Discharge Monitoring Report (DMR) for the subject facility, revealed the violation(s)
indicated below:
Limit Exceedance Violation(s): (NOV-2017-LV-0395) -
Sample
Location
Parameter
Limit Reported
Date Value Value Type of Violation
001 Effluent
BOD, 5-Day (20 Deg. C) -
3/29/2017 45 57.7 Daily Maximum Exceeded
Concentration (C0310)
001 Effluent
Solids, Total Suspended -
3/31/2017 30 33.96 Monthly Average Exceeded
Concentration (CO530)
State of North Carolina I Environmental Quality I Water Resources
2090 U.S. 70 Highway, Swannanoa, NC 28778
R�R_�q��snn

A Notice of Violation/Intent to Issue Civil Penalty is being issued for the noted violation of North Carolina General
Statute (G.S.) 143-215.1 and the facility's NPDES Permit. Pursuant to G.S. 143-215.6A, a civil penalty of not
more than twenty-five thousand dollars ($25,000.00) may be assessed against any person who violates or fails
to act in accordance with the terms, conditions, or requirements of any permit issued pursuant to G.S.
143-215.1.
If you wish to provide additional information regarding the noted violation, request technical assistance, or
discuss overall compliance please respond in writing within ten (10) business days after receipt of this Notice.
A review of your response will be considered along with any information provided on the submitted Discharge
Monitoring Report(s). You will then be notified of any civil penalties that may be assessed regarding the
violations. If no response is received in this Office within the 10-day period, a civil penalty
assessment may be prepared.
Remedial actions should have already been taken to correct this problem and prevent further occurrences in the
future. The 'Division of Water Resources may pursue enforcement action for this and any additional violations of
State law.
Reminder: Pursuant to Permit Condition 6 in Section E, the Permittee is required to verbally notify the Regional
Office as soon as possible, not to exceed 24 hours, from first knowledge of any non-compliance at
the facility including limit violations, bypasses of, or failure of a treatment unit. A written.report may
be required within 5 days if directed by Division staff. Prior notice should be given for anticipated or
potential problems due to planned maintenance activities, taking units off-line, etc.
If you have any questions concerning this matter, please contact Janet Cantwell of the Asheville Regional
Office at 828-296-4500.
Sincerely,
G. Landon Davidson, P.G., Regional Supervisor
Water Quality Regional Operations Section
Asheville Regional Office
Division of Water Resources, NCDEQ
Cc:c:� QS7- sheville=RegtonaO:�OfFce. Enforcernent:File
NPDES Compliance/Enforcement Unit - Enforcement File
G:\WR\WQ\McDowell\Wastewater\Minors\McDowell Assisted Living 75353\110V-I40I-2017-MV-0122 - LV-0395.rtf

0" PO BOX 519, MOUNTAIN HOME, NC 28758
he [phone] FAX
r r
May 15, 2014 MAY 22 2014
Point Source Compliance/Enforcement Unit Water Resources
Division of Water Resources Permitting Section
1617 Mail Service Center
Raleigh, NC 27699-1617
RE; McDowell Assisted Living LLC
Permit Number NCO075353
Case Number: LV-2014-0045
Dear Mr. Davidson,
This letter is in reference to the above Case Number dated April 29, 2014 regarding a violation
received for the month of January 2014.
As reflected on the explanation of the Non -Compliant DMR, we believe that we received a toxic
shock into the facility over the weekend of January 11, 2014. On the Friday, January 10, 2014, our
operator did not notice any problems with the facility. Upon his return on Monday, January 13, 2014 the
facility showed signs of being in stress. He immediately began the defensive tactics of increasing the air to
rejuvenate the bacteria and wasting to the digester the dead bacteria. He also made adjustments to increase
the pH. When it was determined that these attempts would not turn the plant around, the facility was
pumped and reseeded with healthy bacteria on January 23, 2014; the following week. The facility still had
difficulty recovering as quickly as would have been preferred but did finally return to compliance.
Inside the Assisted Living facility, the staff went through all of their cleaning procedures to ensure
that no harmful substances would be discharged to the waste water treatment plant. They also reviewed the
oils and grease policy with the kitchen staff as a reminder of just how sensitive the waste treatment plant is
to toxic substances. In all of this review, there was not an absolute cause determined.
This facility has an excellent history of compliance and the owners and staff are very diligent with
their efforts to protect the waste water plant and the environment. With this in mind, we would appreciate
consideration of the fine. Thank you in advance for your efforts. With highest regards, we are
Very truly yours,
Harty & Juanita James

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
COUNTY OF MCDOWELL
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND
STIPULATION OF FACTS
MCDOWELL ASSISTED LIVING LLC / )
MCDOWELL ASSISTED LIVING WWTP 1
PERMIT NO. NCO075353 ) FILE NO. LV-2014-0045
Having been assessed civil penalties totaling $247.50 for violation(s) as set forth in the
assessment document of the Division of Water Resources dated April 29, 2014, 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 ��J�� day of
SIGNATURE
ADDRESS
James & James
Environmental Management, Inc,
P. O. Box 519
Mountain Home, NC 25755
TELEPHONE
S?S _0q_� 191

LV-2014-0045
McDowell Assisted Living WWTP
NC0075353
January 2014 DMR
TSS Daily Max violation ($100.00) + $147.50 enforcement costs = $247.50 total penalty
James & James responded for the facility. They state they believe the WWTP received a toxic
shock loading during the weekend of January 10 — 12, 2014. Upon his return to the WWTP on
1/13, the operator observed the plant showing signs of stress. He began increasing air, wasting
sludge and increasing pH. These efforts didn't yield the results they were looking for, so on 1/23
the WWTP was pumped and reseeded. After this, the WWTP showed slow but steady
improvement.
I find the explanation a bit odd. Just from looking at the DMR, effluent quality doesn't look
much different before and after the alleged shock load took place. BOD, TSS and NH3 are
relatively high; pH does drop on day 10. As far as increased efforts made by the ORC, time on
site as depicted on the DMR doesn't show he spent enough time there on his visits to give it any
more attention than usual. If the WWTP was reseeded on 1/23, I question the ORC's judgment
in taking a sample on that date. What does it reflect, old or changed conditions? Whatever, it
turned out bad for him; this was the day the sample was collected that received the penalty.
Beyond this, the facility reported 2 BOD values that were qualified with a ">" sign. If we knew
the actual values, they probably would have led to penalties for daily max and monthly average
limit violations.
On the plus side for the facility, this is the only assessment we have on record for the WWTP.
While it experienced a minor degree of noncompliance in February, it has been compliant since
then.
On the whole, I do not recommend remission of the penalty.

LV-2014-0043 & LV-2014-0048
Jonas Ridge Adult Care
NC0060224
December 2013 & January 2014 DMRs
LV-2014-0043
Monthly Average Ammonia violation ($312.50) + $147.50 enforcement costs = $460.00 total
penalty
LV-2014-0048
Monthly Average Ammonia violation ($312.50) + $147.50 enforcement costs = $460.00 total
penalty
James & James states the WWTP performs within a tight operational window with little margin
for error due to the nature of the wastewater it receives. The adult care facility it serves must us
bleach and ammonia in its cleaning and disinfection activities. Considerable care is given to
reduce concentrations coming to the treatment plant, but not all of this toxic loading can be
avoided. J&J state contaminants are wasted out of the process and solids are removed when the
digester is at capacity. Chemical additions are made to create optimal conditions for ammonia to
be removed. In mid -winter, a blower was added to the equalization basin to aerate the influent to
the WWTP. This addition has yielded very promising results, and both BOD and NH3 effluent
concentrations are typically compliant.
This facility has been given plenty of time to make changes to the WWTP that will bring about
consistent compliance with permit limits. The owner has been given counsel, warnings and
consideration. This should have been fully resolved before these issues arose this past winter.
The facility has nine outstanding cases assessed prior to these, with a balance due of $7,710.00.
To the facility's credit, the only violation reported since February was a very minor ammonia
violation in May, so an overall improvement in performance has been seen.
All in all, these remission requests should be denied. On the other hand, I would recommend,
pending the results of a site compliant visit, that we move forward and settle all outstanding
penalties for 50% assessed civil penalties, plus the full amount of enforcement costs. Today, that
total would be $5,140.50. This should allow us to move forward into routine dealings with the
facility, whatever their future compliance status may be.

MONITORING REPORT(MR) VIOLATIONS for:
Report Date: 08/01/14 Page: 1 of 1
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PERMIT: NCO075353
FACILITY: McDowell Assisted Living LLC -McDowell Assisted
COUNTY: McDowell
REGION: Asheville
Living WWTP
Limit Violation
MONITORING
OUTFALL/
VIOLATION
UNITOF
CALCULATED
REPORT
PPI
LOCATION
PARAMETER
DATE
FREQUENC
MEASURE
LIMIT
VALUE
Over
VIOLATION TYPE
VIOLATION ACTION
12-2013
001
Effluent
BOD, 5-Day (20 Deg. C) -
12/31/13
Weekly
mgA
30
32.25
7.5
Monthly Average
Proceed to NOV
Concentration
Exceeded
01 -2014
001
Effluent
BOD, 5-Day (20 Deg. C) -
01/16/14
Weekly
mgA
45
49.7
10.4
Daily Maximum
Proceed to
Concentration
Exceeded
Enforcement Case
01 -2014
001
Effluent
BOD, 5-Day (20 Deg- C) -
01/30/14
Weekly
mgA
45
45,8
1.8
Daily Maximum
Proceed to
Concentration
Exceeded
Enforcement Case
01 -2014
001
Effluent
BOD, 5-Day (20 Deg, C) -
01/31/14
Weekly
mgA
30
32.46
8.2
Monthly Average
Proceed to
Concentration
Exceeded
Enforcement Case
02 -2014
001
Effluent
BOD, 5-Day (20 Deg. C) -
02/28/14
Weekly
mg/1
30
32.7
9
Monthly Average
Proceed to NOV
Concentration
Exceeded
02 -2014
001
Effluent
BOD, 5-Day (20 Deg. C) -
02/28/14
Weekly
mgA
45
53.3
18.4
Daily Maximum
Proceed to NOV
Concentration
Exceeded
01 -2014
001
Effluent
pH
01/23/14
Weekly
su
9
9.2
2-2
Daily Maximum
No Action, BPJ
Exceeded
01 _2014
001
Effluent
pH
01/31/14
Weekly
su
9
9.3
3.3
Daily Maximum
No Action, BPJ
Exceeded
01 -2014
001
Effluent
Solids, Total Suspended -
01/23/14
Weekly
mgA
45
55
22.2
Daily Maximum
Proceed to
Concentration
Exceeded
Enforcement Case
01 -2014
001
Effluent
Solids, Total Suspended -
01/31/14
Weekly
mgA
30
32-2
7.3
Monthly Average
Proceed to
Concentration
Exceeded
Enforcement Case
02 -2014
001
Effluent
Solids, Total Suspended -
02/28/14
Weekly
mgA
45
47.1
4.7
Daily Maximum
Proceed to NOV
Concentration
Exceeded

Cases Assessed Against NCO075353 Since 5/1/2009 Date Run: August 01, 2014
Date Amount paid
Case Number Violator Permit # Co un Assessed Amount DMR Month to date Case Closed
F[V-]F4]-P4flj Mcdowell Assisted Living NCO075353 McDowell 04/25/14 $247.50 0 2014
$247.50
" Database pull only. Complete information may be found through file search. Cases with date assessed greater
than 711198 may be regional assessments. Some cases are still open for final agency decision. Cases labeled "LV"
or "LM" are violations of permitted effluent limits and/or monitoring requirements. No violations <20% over the threshold
were assessed a civil penalty. Description of case types can be found on the next page.

JUSTIFICATION FORMEMISSIopi =I QUEST
DWQ Case NumberI2�1'4'�00'5 County: McDowell
Assessed Party: McDoweII Assist6.d_Livl'iig-LI C
Permit No.: NCO075353 Amount Assessed: $247.50
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. l(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: AL 64t,�C&d -

1 A=4*A
�
WNW x
North Carolina Department of Environment and Natural Resourcesw
Pat McCrory John E. Skvarla, III
Governor Secretary
April 29, 2014
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7012 1010 00021965 9899
Ms. Linda Issacs
McDowell Assisted Living LLC
P.O. Box 909
Marion, North Carolina 28752
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 NCO075353
McDowell Assisted Living LLC
McDowell Assisted Living WWTP
Case No. LV-2014-0045
McDowell County
Dear Ms. Issacs:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $247.50
($100.00 civil penalty + $147.50 enforcement costs) against McDowell Assisted Living LLC.
This assessment is based upon the following facts: a review has been conducted of the discharge
monitoring report (DMR) submitted by McDowell Assisted Living LLC for the month of January
2014. This review has shown the subject facility to be in violation of the discharge limitations
and/or monitoring requirements found in NPDES Permit NC0075353. The violations which
occurred in January 2014 are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that McDowell Assisted Living LLC
violated the terms, conditions or requirements of NPDES Permit NC0075353 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 Resources, I, G. Landon Davidson, Division of Water Resources
Regional Supervisor for the Asheville Region, hereby make the following civil penalty assessment
against McDowell Assisted Living LLC:
Water Quality Regional Operations — Asheville Regional Office
2090 U.S. Highway 70, Swannanoa, North Carolina 28778
Phone: [phone] FAX: [phone]
Internet: http:liportal.ncdenr.org/weblwq
An Equal Opportunity/ Affirmative Action Employer

0 of the 2 violations of G.S. 143 -215. 1 (a)(6) and NPDES Permit No.
$.00 NC0075353, by discharging waste water into the waters of the State
- . . . . ... in violation of the Permit Daily Maximum limit for BOD - Conc
0 of the 1 violations of G.S. 143-215. 1 (a)(6) and NPDES Permit No.
$.00 NC0075353, by discharging waste water into the waters of the State
in violation of the Permit Monthly Average limit for BOD - Conc.
$100.00 1 of the 1 violations of G.S. 143-215. l (a)(6) and NPDES Permit No.
NC0075353, by discharging waste water into the waters of the State
in violation of the Permit Daily Maximum limit for TSS - Conc.
$.00 0 of the 1 violations of G.S. 143-215. l (a)(6) and NPDES Permit No.
NC0075353, by discharging waste water into the waters of the State
in violation of the Permit Monthly Average limit for TSS - Conc.
$100.00 TOTAL CIVIL PENALTY
$147.50 Enforcement Costs
$247.50 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 t«e 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 Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617

l
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 anadministrative
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.I (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:
Point Source Compliance/ Enforcement Unit
Division of Water Resources
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 noticL.. .,, petition is considered filed when it is 1.:,eived 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 [phone] Facsimile: [phone]
and
Mail or hand -deliver a copy of the petition to
Mr. Lacy Presnell, 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,
G. Landon Davidson, P.G., Regional Supervisor
Water Quality Regional Operations, NCDENR
Asheville Regional Office
ATTACHMENTS
cc: WQ Regional Supervisor w/ attachments
NPDES Point Source w/ attachments
WQ Central Files w/ attachments
James & James Environmental/ ORC w/ attachments
G: WR'�WQ�McDowel[;Westewatee..Mincrs\McDotkell Assisted Living 75353'LV-2014-0045.doc
Vanuary 201.4 DMR: prior NOV-201=4-LV-0144)

JUSTI ATION FOR REMISSION REOU�--���
DWQ Case Number: LV-2014-0045 County: McDowell
Assessed Party: McDowell Assisted Living LLC
Permit No.: NCO075353 Amount Assessed: $247.50
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 CAROLD.'_, DEPARTML., OF ENVIRONMENT
AND NATURAL RESOURCES
COUNTY OF MCDOWELL
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND
STIPULATION OF FACTS
MCDOWELL ASSISTED LIVING LLC / )
MCDOWELL ASSISTED LIVING WWTP 1
PERMIT NO. NCO075353 ) FILE NO. LV-2014-0045
Having been assessed civil penalties totaling $247.50 for violation(s) as set forth in the
assessment document of the Division of Water Resources dated April 29, 2014, the undersigned,
desiring to seek remission of the civil penalty, does hereby waive the right to an administrative hearing
in the above -stated matter and does stipulate that the facts are as alleged in the assessment document.
The undersigned further understands that all evidence presented in support of remission of this civil
penalty must be submitted to the Director of the Division of Water Resources within thirty (30) days
of receipt of the notice of assessment. No new evidence in support of a remission request will be
allowed after (30) days from the receipt of the notice of assessment.
This the
day of , 20
ADDRESS
TELEPHONE

ATTACHMENT A
McDowell Assisted Living LLC
CASE NUMBER: LV-2014-0045
PERMIT: NCO075353
FACILITY: McDowell Assisted Living WWTP
COUNTY: McDowell
REGION: Asheville
Limit Violations
MONITORING
OUTFALU
VIOLATION
UNIT OF
CALCULATED
% OVER
PENALTY
REPORT
PPI
LOCATION
PARAMETER
DATE
FREQUENCY
MEASURE
LIMIT
VALUE
LIMIT
VIOLATION TYPE
$.00
1-2014
001
Effluent
BOD - Conc
01/16/14
Weekly
mg/I
45
49.7
10.44
Daily Maximum Exceeded
$.00 .
1-2014
001
Effluent
BOD - Conc
01/30/14
Weekly
mg/I
45
45.8
1.78
Daily Maximum Exceeded
$.00
1-2014
001
Effluent
BOD - Conc
01/31/14
Weekly
mg/I
30
32.46
8.20
Monthly Average Exceeded
$100.00
1-2014
001
Effluent
TSS - Conc
01/23/14
Weekly
mg/1
45
55
22.22
Daily Maximum Exceeded
$.00
1-2014
001
Effluent
TSS - Conc
01/31/14
Weekly
mg/I
30
32.2
7.33
Monthly Average Exceeded

DIVISION OF WATEn nESOURCES - CIVIL PENALTY ASSr;aaMENT (FILE)
Violator: McDowell Assisted Living LLC
{ ianuary 2014 DMR: prior NOV-2014-LV-0144)
County: McDowell
Case Number: LV-2014-0045
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 front 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;
Two Daily Max BOD's exceeded the permit limit by 10.4 % & 1.7%.
One Monthly Average BOD exceeded the permit limit by 8.2 %.
One Daily Max TSS exceeded the permit limit by 22.2 %.
One Monthly Average TSS exceeded the permit limit by 7.3%.
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 would include the cost of excess solids removal.
The amount of money saved would also include the cost of implementing a
program to handle problems with grease.
It would also include the cost of additional chemicals and time to treat the
wastewater.
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 assessments in the twelve months prior to this
violation.
8)
The cost to the State of the enforcement procedures.
$147.50.
o - mr - 2-0
Date
04/25/2014
G. Landon Davidson, P.G., Regional Supervisor
Water Quality Regional Operations, NCDENR
Asheville Regional Office

PEAR 2 6
ti NPDES PERMIT NO. NCO075353 DISCHARGE NO. 001 MONTH JANUARY YEAR 2014
FACILITY NAME McDOWELL ASSISTED LIVING CLASS II COUNTY McDOWELL
CERTIFIED LABORATORY (1) JAMES & JAMES ENVIRONMENTAL MGT., INC. CERTIFICATION NO. 482
(list additional laboratories on the backside/page 2 of this form)
OPERATOR IN RESPONSIBLE CHARGE (ORC) ROBERT ROWE GRADE II CERTIFICATION NO. 997416
PERSON(S) COLLECTING SAMPLES
CHECK BOX IF ORC HAS CHANGED
ROBERT ROWE
Mail ORIGINAL and ONE COPY to:
ATTN: CENTRAL FILES x
DIVISION OF WATER QUALITY (SIGNATURE OF OPERATOR INRES ONS E CHAR(
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.
ORC PHONE [phone]
NO FLOW / DISCHARGE FROM SITE *
2/1
E
FY
A O
ao.
c
E_
I- N
°p
O
;
P.
50050
00010
00400
50060
00310
00610
00530
31616
FLOW
w
R'
QIn
U)
,U
az
�
UQz
Z
0a O
F-
O
aW�
Pau.
Aw
y
cc
G d
vLL
u.0 5mE
I.-
R
G
13UV
disinfection
HRS
HRS
I Y/B/N
MGD
O
C
UNITS
UG/L
MG/L
MG/L
MG/L
@/100ML
1
HOLIDAY
0.00
2
0828
0.25
Y
0.001
9.4
7.3
<15
22.2 D
10.0
35.5
<4.0
31
0840
0.25
Y
0.001
8.6
8.2
<15
4
0.00
5
0.00
6
0735
0.25
Y
0.001
8.4
8.2
<15
7
0925
0.25
Y
0.001
5.3
7.9
<15
37.4 B,D
16.3 H
39.4A
<4.0
,
8
0800
0.33
Y
0.001
7.6
8.0
<15_.
9
0735
0.25
Y
0.001
7.0
9.0
<15
_,
V
10
0730
0.33
Y
0.001
7.3
7.0
<15
M
11
0.00
12
0.00
b-: sae
i
ILE.
3
13
0735
0.33
Y
0.001
8.7
7.6
<15
'v�BiUI�
14
1500
0.25
Y
0.001
11.3
7.7
<15
15
0830
0.25
Y
0.001
9.6
7.7
<15
16
1410
0.25
Y
0.001
102
7.9
<15
>49.7E,
9.9
8.0
<1.0
17
0730
0.33
Y
0.001
7.3
8.1
<15
18
0.00
19
0.00
20
HOLIDAY
0.00
21
0725
0.25
Y
0.001
5.3
7.2
<15
22
0850
0.25
Y
0.001
7.0
8.5
<15
A
23
0750
0.25
Y
0.001
6.7
9.2
<15
7.20 G,D,A
9.5
55
<1.0
24
0835
0.33
Y
0.001
7.1
6.2
<15
? R 1
25
0.00
;
26
0.00
27
0816
0.25
Y
0.001
7.9
8.4
<15
28
0730
0.25
Y
0.001
8.1
8.4-
<15
29
SNOW
0.00
30
0845
0.25
Y
0.001
3.0
8.8
<15
C >45.8Eq
8.3
23.1
<1.0
`
31
0725 1
0.25
Y
0.001
5.4
9.3
<15
P
ns
AVERAGE
0.001
7.6
0.0
32.5
10.8
30.4
2.8
OPe� V
MAXIMUM
0.001
11.3
9.3
<15
49.7
16.3
.0
<4.0
eg
MINIMUM
0.001
3.0
6.2
<15
7.2
8.3
8.0
<1.0
Comp. C/ Grab G)
G
G
G
G I
G I
G
G IG
Monthly Limit
0.010
NL
6-9
28 1
30/45 1
NL
30/45
200/400
DWQ Form MR-1(IIN4)

1
I....,.Aty Status: (Please check one of the follt,.....g)
All monitoring data and sampling frequencies meet permit requirements
(including weekly averages, if applicable)
Compliant
All monitoring data and sampling frequencies do NOT meet permit requirements
X
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 Part 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 fries and imprisonment for knowing violations."
McDOWELL ASSISTED LIVING
or type)
Date
(Required ur§6ss submitted electronically)
2/18/2014
PO BOX 1055, MARION, NC 28752 828-697-0063 12-31-14
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 [phone] or by visiting http://portal.nedenr.org/web/wq/swp/ps/npdes/appforms.
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).

PO BOX 1354, MOUNTAIN HOME, NC 28758
January, 2014 - DMR
Client: McDowell Assisted Living
NPDES PERMIT NUMBER: NC0075353
Dear Client,
We are pleased to notify you that your facility operated most of the month within your National
Pollutant Discharge Elimination System (NPDES) permit. We did experience a result that was greater than
the permit discharge limits. Your permit has both a monthly maximum and a daily maximum. Your
facility exceeded the permit discharge limits on the items listed below:
TOTAL SUSPENDED SOLIDS — 23rd — 55.0 mg/1
30.4 mg/1 Monthly average
BOD — 5 DAY —16TH - >49.7 mg/1
30d` - >45.8 mg/1
Monthly average 32.5 mg/1
This gave a daily maximum violation on three days and did give a monthly violation. We believe
that the facility received a toxic shock into the facility which killed off the healthy bacteria. We made the
physical adjustment to correct the problem with both mechanical and chemical elements. We had the
facility pumped and reseeded on January 23rd with healthy bacteria from another facility. We are also
experiencing some grease issues that we are wasting to the digester.
You may receive a monetary fine for this month. Thank you for your understanding in this matter.
Thank you for choosing James & James as your service company.
A
".a, & Ju ita James

Lnt&1V I efify Vio at ion
Limit Violations
fylonitoring;�-,T
Permit:. NC0075353. AD e o It
Facility: IMcDowell Assisted Living VTR Details... i =1s Region: County:
Owner: McDowell Assisted Living LLB LI ai =nt�j n Incident Inspect. Dt:
Is signed ReportTyp
Facility Reported As: Compliant Non -Compliant C Not Reported e: Fv
70—u-tf--]
*Locatloni. *Parameter 'Date
, 10-an u a I c4+'ads cri pt! o n, SOC
Limit
*C21CU-
Unit % Over .action -
001
jEffluent JBOD, 5-Day (2... 01AW2014
E]
P3i ly-14t# m 0 m ...
E]
45
49.7 ...
m g1l
;10.444...
001
Effluent_ IBOD,5-Day(2.. 01130;2014
Ej
:Daily Maximum ... i
[I
45:-,.
45.0 ...
mgfl
i1.7777...
001
Effluent 100D,-',-Day,(-2."01131/2014
1
lylonthly�verqge ... j
E]
30
32,46 ...
mg1I
18.2
0011
Efflue - �----.-10112312014
Ej-,-,11j-
ailyll�,IbXimurn 1
0
9 i
9.2.
su
12.2222...
001
Effluent 131! C(I 4
Ej
jDaily h,1bJ(iMbM
9
9.3
Isu
.33333.
001
Effluent So F�o t a �10 1 C114
Daily Maximum ... 1
145 _5
5
1 mg!]
122.222
001
jEffluent Solids? �01131YIO�14
L
.... . .............. .
Monthly-Avejan.,
n
130
132 2 ...
jmg/I
17.3333...
47
Add
r-ltjlp vI Cancel
7 Limit Violations found. Ready VLLF
------------

DIVISION OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT (FILE)
Violator: McDowell Assisted Living LLC
(Tanuury 2014 DMR: prior NOV-201.4-LV-0144)
County: McDowell
Case Number: LV-2014-0045
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 may be detrimental to the receiving stream but may not be
immediately quantified.
2) The duration and gravity of the violation;
Two Daily Max BOD's exceeded the permit limit by 10.4 % & 1.7%.
One Monthly Average BOD exceeded the permit limit by 8.2 %.
One Daily Max TSS exceeded the permit limit by 22.2 %.
One Monthly Average exceeded the permit limit by 7.3%.
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 would include the cost of excess solids removal.
The amount of money saved would also include the cost of implementing a
program to handle problems with grease.
It would also include the cost of additional chemicals and time to treat the
wastewater.
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 assessments in the twelve months prior to this
violation.
8) The cost to the State of the enforcement procedures.
$147.50.
Date G. Landon Davidson, P.G., Regional Supervisor
Water Quality Regional Operations, NCDENR
Asheville Regional Office
04/25/2014

AJA
NC®EN
North Carolina Department of Environment and Natural Resources
Pat McCrory John E. Skvarla, III
Governor Secretary
April 29, 2014
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 70121010 0002 1965 9899
Ms. Linda Issacs'
McDowell Assisted Living LLC
P.O. Box 909
Marion, North Carolina 28752
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 NC0075353
McDowell Assisted Living LLC
McDowell Assisted Living WWTP
Case No. LV-2014-0045
McDowell County
Dear Ms. Issacs:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $247.50
($100.00 civil penalty + $147.50 enforcement costs) against McDowell Assisted Living LLC.
This assessment is based upon the following facts: a review has been conducted of the discharge
monitoring report (DMR) submitted by McDowell Assisted Living LLC for the month of January
2014. This review has shown the subject facility to be in violation of the discharge limitations
and/or monitoring requirements found in NPDES Permit NC0075353. The violations which
occurred in January 2014 are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that McDowell Assisted Living LLC
violated the terms, conditions or requirements of NPDES Permit NC0075353 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 Resources, I, G. Landon Davidson, Division of Water Resources
Regional Supervisor for the Asheville Region, hereby make the following civil penalty assessment
against McDowell Assisted Living LLC:
Water Quality Regional Operations — Asheville Regional Office
2090 U.S. Highway70, Swannanoa, North Carolina 28778
Phone: [phone] FAX: [phone]
Internet: http:!/portal.ncdenr.org/web/wq
An Equal Opportunity/ Affirmative Action Employer

0 of the 2 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$.00 NC0075353, by discharging waste water into the waters of the State
-- in violation of the Permit Daily Maximum limit for BOD - Conc
0 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$.00 NC0075353, by discharging waste water into the waters of the State
in violation of the Permit Monthly Average limit for BOD - Conc.
$100.00 1 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
NC0075353, by discharging waste water into the waters of the State
in violation of the Permit Daily Maximum limit for TSS - Cone.
$.00 0 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
NC0075353, by discharging waste water into the waters of the State
in violation of the Permit Monthly Average limit for TSS - Conc.
$100.00 TOTAL CIVIL PENALTY
$147.50 Enforcement Costs
$247.50 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 Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617

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 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 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 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:
Point Source Compliance/ Enforcement Unit
Division of Water Resources
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 [phone] Facsimile: [phone]
and
Mail or hand -deliver a copy of the petition to
Mr. Lacy Presnell, 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,
G. Landon Davidson, P.G., Regional Supervisor
Water Quality Regional Operations, NNCDENR
Asheville Regional Office
ATTACHMENTS
cc: WQ Regional Supervisor w/ attachments
NPDES Point Source w/ attachments
WQ Central Files w/ attachments
James & James Environmental/ ORC w/ attachments
G:', Assisted Living 753'9A.V-2014-004S.doc
(January'_014 MIR: prior NOV-2014-LV-014-1)

JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: LV-2014-0045 County: McDowell
Assessed Party: McDowell Assisted Living LLC
Permit No.: NC0075353 Amount Assessed: $247.50
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 MCDOWELL
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND
STIPULATION OF FACTS
MCDOWELL ASSISTED LIVING LLC / )
MCDOWELL ASSISTED LIVING WWTP 1
PERMIT NO. NCO075353 ) FILE NO. LV-2014-0045
Having been assessed civil penalties totaling $247.50 for violation(s) as set forth in the
assessment document of the Division of Water Resources dated April 29, 2014, 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 520
SIGNATURE
ADDRESS
TELEPHONE

ATTACHMENT A
McDowell Assisted Living LLC
CASE NUMBER: LV-2014-0045
PERMIT:
NCO075353
FACILITY: McDowell Assisted Living WWTP
COUNTY: McDowell
REGION: Asheville
Limit Violations
MONITORING
OUTFALIJ
VIOLATION
UNIT OF
CALCULATED
% OVER
PENALTY
REPORT
PPI
LOCATION
PARAMETER
DATE
FREQUENCY
MEASURE
LIMIT
VALUE
LIMIT
VIOLATION TYPE
$.00
1-2014
091
Effluent
SOD - Conc
01/16/14
Weekly
mg/I
45
49.7
10.44
Daily Maximum Exceeded
$.00
1-2014
001
Effluent
SOD - Conc
01/30/14
Weekly
mg/I
45
45.8
1.76
Daily Maximum Exceeded
$.00
1-2014
001
Effluent
SOD - Conc
01/31/14
Weekly
mg/1
30
32.46
8.20
Monthly Average Exceeded
$100.00
1-2014
001
Effluent
TSS - Conc
01/23/14
Weekly
mg/1
45
55
22.22
Daily Maximum Exceeded
$.00
1-2014
001
Effluent
TSS - Conc
01/31/14
Weekly
mg/1
30
32.2
7.33
Monthly Average Exceeded

v rOR1km/
"NOR 2if22M
NPDES PERMIT NO. NCO075353 DISCHARGE NO. 001 MONTH JANUARY YEAR 2014
FACILITY NAME MCDOWELL ASSISTED LIVING CLASS II COUNTY MCDOWELL
CERTIFIED LABORATORY (1) JAMES & JAMES ENVIRONMENTAL MGT., INC. CERTIFICATION NO. 482
(lik addidional laboratories on the backside/page 2 of this form)
OPERATOR IN RESPONSIBLE CHARGE (ORC) ROBERT ROWE GRADE 11 CERTIFICATION NO. 997416
PERSON(S) COLLECTING SAMPLES ROBERT ROWE
CHECK BOX IF ORC HAS CHANGED
Mail ORIGINAL and ONE COPY to:
ATTN: CENTRAL FILES I x / 6
DIVISION OF WATER QUALITY (SIGNATURE OF OPERATOR IN RESPONSIBLE CHAR(
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.
ORC PHONE [phone]
NO FLOW / DISCHARGE FROM SITE *
2/18/2014
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0.25
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0.00
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49.7
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DWQ Form MR-1 (IINJ) v
�n/f2�i

Facility Status: (Please check one of the following)
All monitoring data and sampling frequencies meet permit requirements
(including weekly averages, if applicable)
Compliant
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 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 pertittee becomes aware of the circumstances.
If the facility is noncompliant, please attach a list of corrective actions being taken and a time -table for improvements to be made as required by Part II.E.6 of
the NPDES permit.
"I certify, under penalty of law, that this document and all attachments were pre¢ared 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."
McDOWELL ASSISTED LIVING
print or type)
Date
(Required u&6ss submitted electronically)
2/18/2014
PO BOX 1055, MARION, NC 28752 828-697-0063 12-31-14
Pennittee 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 [phone] 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.
* 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).

PO BOX 1354, MOUNTAIN HOME, NC 28758
697-0065 FAX
January, 2014 - DMR
Client: McDowell Assisted Living
NPDES PERMIT NUMBER: NC0075353
Dear Client,
We are pleased to notify you that your facility operated most of the month within your National
Pollutant Discharge Elimination System (NPDES) permit. We did experience a result that was greater than
the permit discharge limits. Your permit has both a monthly maximum and a daily maximum. Your
facility exceeded the permit discharge limits on the items listed below:
TOTAL SUSPENDED SOLIDS — 23`d — 55.0 mg/1
30.4 mg/1 Monthly average
BOD — 5 DAY —16TH - >49.7 mg/l
30d' ->45.8 mg/1
Monthly average 32.5 mg/1
This gave a daily maximum violation on three days and did give a monthly violation. We believe
that the facility received a toxic shock into the facility which killed off the healthy bacteria. We made the
physical adjustment to correct the problem with both mechanical and chemical elements. We had the
facility pumped and reseeded on January 23rd with healthy bacteria from another facility. We are also
experiencing some grease issues that we are wasting to the digester.
You may receive a monetary fine for this month. Thank you for your understanding in this matter.
Thank you for choosing James & James as your service company.
Harry' & Ju ita James

Pat McCrory
Governor
&J� the
t r...._� IL
WDENR
North Carolina Department of Environment and Natural Resources
April 7, 2014
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7012 1010 0002 1965 9776
Ms. Linda Issacs
McDowell Assisted Living LLC
McDowell Assisted Living WWTP
P.O. Box 909
Marion, North Carolina 28752
Subject: Notice of Violation and
Recommendation for Enforcement .
Tracking #: NOV-2014-LV-0144
McDowell Assisted Living.WWTP
NPDES Permit No. NCO075353
McDowell County
Dear Ms. Issacs:
John E Skvarla, III
Secretary
A review of the January 2014 self -monitoring report for the subject facility revealed violations of the
following parameters:
Date
Outfall
Parameter
Reported Value
Permit Limit
01/16/2014
001
BOD
49.7 mg/ 1
45 mg/ 1.
01/30/2014
001
BOD
45.8 mg/ 1
45 mg/ 1
01/31/2014
001
BOD
32.46 mg/ 1
30 mg/ 1
01/23/2014
001
TSS
55 mg/ 1
45 mg/ 1
01/31/2014
001
TSS
32.2mg/ 1
30 mg/ 1
A Notice of Violation/ Notice of Recommendation for Enforcement (NOV/ NRE) is being issued for the
noted violation of North Carolina General Statute (G.S.) 143-215.1 and NPDES Permit No. NC0075353.
Pursuant to G.S. 143-215.6A, a civil penalty of not more than twenty-five thousand dollars ($25,000.00) may be
assessed against any person who violates or fails to act in accordance with the terms, conditions, or
requirements of any permit issued pursuant to G.S. 143-215.1. If you wish to provide additional information
regarding the noted violation, request technical assistance, or discuss overall compliance please respond in
writing within ten (10) days after receipt of this Notice. A review of your response will be considered along
with any information provided on the January 2014 Discharge Monitoring Report. You will then be notified of
any civil penalties that may be assessed regarding the violations. If no response is received in this Off ce
within the 10-day period, a civil penalty assessment may be prepared.
Water Quality Regional Operations —Asheville Regional Office
2090 U.S. Highway 70, Swannanoa, North Carolina 28778
Phone: [phone] FAX: [phone]
Internet: hffp:#portal.nodenr.org/web/wq
n Equal Opportunity/ Affirmative Action Employer

Ms. Linda Issacs
April 7, 2014
Page Two
Remedial actions, if not already implemented, should be taken to correct any problems. The Division of
Water Resources may pursue enforcement actions for this and any additional violations. 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. You may
contact this office for additional information.
If you have questions concerning this matter, please do not hesitate to contact Janet Cantwell or
me at 828/ 296-4500.
Sincerely,
f:) . 1�al
G. Landon Davidson, P.G., Regional Supervisor
Water Quality Regional Operations, NCDENR
Asheville Regional Office
4=90-(=: F s1e�i1�iLs
WQ Central Files
WQ Point Source Branch
GaVVR':WQ`•,NlcDowelN\Wastewater\Minors\McDowell Assisted.Livin.-7i3i3`:N0V-NRE-20t4-LV-0144.doc

Pat McCrory
Governor
NC®ENR
North Carolina Department of Environment and Natural Resources
April 7, 2014
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7012 1010 0002 1965 9776
Ms. Linda Issacs
McDowell Assisted Living LLC
McDowell Assisted Living WWTP
P.O. Box 909
Marion, North Carolina 28752
Subject: Notice of Violation and
Recommendation for Enforcement
Tracking #: NOV-2014-LV-0144
McDowell Assisted Living WWTP
NPDES Permit No. NCO075353
McDowell County
Dear Ms. Issacs:
John E Skvarla, III
Secretary
A review of the January 2014 self -monitoring report for the subject facility revealed violations of the
following parameters:
Date
Outfall
Parameter
Reported Value
Permit Limit
01/16/2014
001
BOD
49.7 mg/ 1
45 mg/ 1
01/30/2014
001
BOD
45.8 mg/ 1
45 mg/ 1
01/31/2014
001
BOD
32.46 mg/ 1
30 mg/ 1
01/23/2014
001
TSS
55 mg/ 1
45 mg/ 1
01/31/2014
001
TSS
32.2mg/ 1
30 mg/ 1
A Notice of Violation/ Notice of Recommendation for Enforcement (NOV/ NRE) is being issued for the
noted violation of North Carolina General Statute (G.S.) 143-215.1 and NPDES Permit No. NC0075353.
Pursuant to G.S. 143-215.6A, a civil penalty of not more than twenty-five thousand dollars ($25,000.00) may be
assessed against any person who violates or fails to act in accordance with the terms, conditions, or
requirements of any permit issued pursuant to G.S. 143-215.1. If you wish to provide additional information
regarding the noted violation, request technical assistance, or discuss overall compliance please respond in
writing within ten (10) days after receipt of this Notice. A review of your response will be considered along
with any information provided on the January 2014 Discharge Monitoring Report. 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.
Water Quality Regional Operations —Asheville Regional Office
2090 U.S. Highway 70, Swannanoa, North Carolina 28778
Phone: [phone] FAX: [phone]
Internet: http://portal,ncdenr.org/webAvq
An Equal Opportunity/ Affirmative Action Employer

Ms. Linda Issacs
April 7, 2014
Page Two
Remedial actions, if not already implemented, should be taken to correct any problems. The Division of
Water Resources may pursue enforcement actions for this and any additional violations. 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. You may
contact this office for additional information.
If you have questions concerning this matter, please do not hesitate to contact Janet Cantwell or
me at 828/ 296-4500.
Sincerely,
G. Landon Davidson, P.G., Regional Supervisor
Water Quality Regional Operations, NCDENR
Asheville Regional Office
cc: WQ Asheville Files
WQ Central Files
WQ Point Source Branch
G:1�NR\WQ\dMcDowell\N�astewateeNNh4inors,N,IeDoNvell Assisted Living 7;353`%NIOV-NRG-2014-LV-0141.doc

■ Complete items 1, 2, and 3.
■ Print your name and address on the reverse
so that we can return the card to you.
Linda G. Isaacs De/
ii McDowell Assisted Living LLC
Post Office Box 909
° Marion, NC 28752-0909
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• Sender: Please print your name, address, andZIP+4® in this box•
JANE7 CANTWELL '
NCDEQ43 R-WOROS
2090 U.S. HIGHWAY 70
SWANNANOANC 28778

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USPS
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and ZIP+4® in this box'

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Linda Issacs - -
McDowell Assisted Living LLC I—
Post Office Box 909 I 3,
_ Marion, North Carolina 28752
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4. Restricted Delivery? (Extra Fee) ❑ Yes
?. Article Number 7 012 1010 0002 1965 9899
(transfer,from service label S_ ^._,
�S Form 3811 _July 2013 Domestic Return Receipt

UNITED STATES-0 gf3�1it1�: First -Class Mail
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FSenderPlease print your name, address, and ZIP+40 in this boxO
®F� North Carolina Department of
Environment and Natural Resources
Division'of Water Resources
NCDENR Water Quality Regle .I -,Operations
2090 ..q PAgpway
Swannanoa, North Carolina 28778A
- —
McDowell Assist I -- —
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so that we can return the card to you.
FI-NAA
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13Addressee
B. Received by (Printed Name) C. Date of Deliver.
North Carolina Department of
Environment and -Natural Resources
j,yj*n of Water Resource
W.a6�Tfy Regional Operations
2090 U.S. HigQ annanoa, NC 2877aa
Linda Issacs
McDowell Assisted -Living LLC
McDowell Assisted Living VVVVTP
Post Office Box 909
Marion NC 28752
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UNITED STATES Sn.t3' f g-IRI_T_ ti-M y 16a
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Certified Mail # 7009 1680 0000 7515 6043
Return Receipt Requested
September 7, 2017
Linda G Isaacs
McDowell Assisted Living LLC
PO Box 909
Marion, NC 28752-0909
SUBJECT: NOTICE OF VIOLATION
Tracking Number: NOV-2017-LV-0599
Permit No. NCO075353
McDowell Assisted Living WWTP
McDowell County
Dear Permittee:
A review of the July 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 Solids, Total Suspended - 7/11/2017 45 74 Daily Maximum, Exceeded
Concentration (C0530)
Remedial actions, if not already implemented, should be taken to correct any noted problems. The Division of
Water Resources may pursue enforcement actions for this and any additional violations. 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 (SOC).
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 or to apply for an SOC, please contact Daniel Boss of the
Asheville Regional Office at 828-296-4500.
Sincerely, -
e
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\McDowell\Wastewater\Minors\McDowell Assisted Living 75353\NOV-2017-LV-0599.rtf
State of North Carolina I Environmental Quality I Water Resources
2090 U.S. 70 Highway, Swannanoa, NC 28778
828-296-4500

Certified Mail # 7016 1370 00016571 7853
Return Receipt Requested
August 10, 2017
Linda G Isaacs
McDowell Assisted Living LLC
PO Box 909
Marion, NC 28752-0909
SUBJECT: NOTICE OF VIOLATION
Tracking .Number: NOV-2017-LV-0553
Permit No. NCO075353
McDowell Assisted Living WWTP
McDowell County
Dear Permittee:
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 Solids, Total Suspended -
6/8/2017 45 46.3 Daily Maximum Exceeded
Concentration (C0530)
001 Effluent -Solids, Total Suspended -
6/13/2017 45 49.4 Daily Maximum Exceeded
Concentration (CO530)
001 Effluent BOD, 5-Day (20 Deg. C) - 6/29/2017 45 48.8 Daily'Maximum Exceeded
Concentration (C0310)
001 Effluent Solids, Total Suspended - 6/30/2017 30 31.12 Monthly Average Exceeded
Concentration (CO530)
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 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 (SOC).
State of North Carolina I Environmental Quality I Water Resources
2090 U.S. 70 Highway, Swannanoa, NC 28778
828-296-4500

i
If you have any questions concerning this matter or to,apply for an SOC, please contact Daniel Boss 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
i
Ec: James & James Environmental; ORC
Cc: WQS Asheville Regional Office - Enforcement File
NPDES Compliance/Enforcement Unit - Enforcement File
G:\WR\WQ\McDowell\Wastewater\Minors\McDowell Assisted Living 75353\NOV-2017-LV-0553.rtf
State of North Carolina I Environmental Quality I Water Resources
2090 U.S. 70 Highway, Swannanoa, NC 28778
828-296-4500

James & James Environmental Management, Inc.
PO BOX 519, MOUNTAIN HOME,. NC 29758
[phone] OFFICE
[phone] FAX
June 01, 2017
Surface Water, Protection Section
Asheville Regional Office
2090 U.S. Highway 70'
Swannanoa, NC 28778
R>✓: McDowell Assisted Living LLC
NPDES Permit:No. NC0075353
NOV-2017-LV-0395
Dear Mr. Davidson,
This letter is in response to -the above NOV dated May 26, 2017 and received by James & James on or about
May. 30, 2017. This violation was for the month of March, 2017.
This facility, experienced an elevated BOD and TSS concentration and was not compliant for the monthly
average. This facility has been pumped and we notified the owner about issues with the grease trap. The
owner met with the kitchen staff regarding the wastewater facility -and the urgency to -pour the grease in the
proper receptacle. She also, posted a sign reminding ihem.of this need. The owner requires, and has always
required the kitchen -staff to wipe the plates with a paper towel and to place towelin'awaste receptacle.
This facility receives minimal violations -and would request consideration of any fines being assessed due to
their history of -compliance.
Thank you for your. attention, to this .matter.
With highest regards,
Juanita James

4 rn
NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory Donald R. van der Vaart
Governor Secretary'
February 6, 2015
Ms. Linda G. Isaacs
McDowell Assisted Living, LLC
P. O. Box 909
Marion, NC 28752
Subject: Issuance of NPDES Permit NCO075353
McDowell Assisted Living WWTP
McDowell County
Dear Ms. Isaacs:
RECEIVED
D
Division of Water Resources
FEB '1 9 2015
Water Quality Regional Operations
Asheville Regional O'iico
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 contains no significant changes to its terms from those found in the draft permit sent to
you on November 5, 2014. However, you are also reminded of the new condition requiring electronic
reporting of discharge monitoring report (DMR) data using the Division's eDMR internet application.
This new requirement will become effective on December 1, 2015 (approximately 270 days or nine
months following. the effective date of the permit).
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 WaterAesources or
permits required by the Division of Land Resources, the Coastal Area Management Act or any other
Federal or Local governmental permit that may be required.
1617 Mail Service Center, Raleigh, North Carolina 27699-1617
Phone: [phone]Intemet: www.ncwaterquality.org
An Equal Opportunity 1 Affirmative Action Employer— Made in part by recycled paper

Ms. Linda Isaacs
NCO075353 Permit Renewal 2015
p. 2
If you have any questions concerning this permit, please contact Sonia Gregory at telephone number
[phone], or via e-mail at [e-mail].
Si erel ,
S. Jay Zimmerman, L. ;crntig Director
Division of Water Resources
cc: Central Files
fAsl�evzlle. Regional OfficelWater Quaii`t
NPDES File

I _ Permit NC0075353
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.
McDowell Assisted Living, LLC
is hereby authorized to:
1. Continue to operate an existing 0.010 MGD wastewater treatment facility with the following
components:
• Extended aeration basin
• Clarifier
• Chlorination equipment
• Sludge digester
This facility is located at 5235 NC Highway 226 South, at McDowell Assisted Living, southeast of
Marion, in McDowell County.
2. Discharge from said treatment works at the location specified on the attached map into North
. Muddy Creek, classified C waters in the Catawba River Basin.
Page 2 of 6

Permit NCO075353
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER RESOURCES
PERMIT,
TO DISCHARGE WASTEWATER UNDER THE
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
In compliance with the provisions of North Carolina General Statute 143-215.1, other lawful standards
and regulations promulgated and adopted by the North, Carolina Environmental Management
Commission, and the Federal Water Pollution Control Act, as amended,
McDowell Assisted Living, LLC
is hereby authorized to discharge wastewater from a facility located at the
McDowell Assisted Living WWTP
5235 NC Highway 226 South
Southeast of Marion
McDowell County
to receiving waters designated as North Muddy Creek in the Catawba River Basin
in accordance with effluent limitations, monitoring requirements, and other conditions set forth in Parts
I, II, III and IV hereof..
This permit shall become effective March 1, 2015.
This permit and authorization to discharge shall expire at midnight on December 31, 2019.
Signed this day February 6, 2015. _
S,! ay Zimmerman, L.G., Actingii for
Division of Water Resources
By Authority of the Environmental Management Commission
i
Page 1 of 6

Permit NCO075353
PART I
A. (1.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS — FINAL
[15A NCAC 02B .0400 et seq., 02B .0500 et seq.]
During the period beginning on the effectivedate of this permit and lasting until expiration, the
Permittee is authorized to discharge from outfall 001. Such discharges shall be limited and
monitored) by the Permittee as specified below:
EFFLUENT CHARACTERISTICS`
LIMITS
MONITORING REQUIREMENTS
Parameter Code,
Monthly
, .Avers e. _
Daily
Maximum
MeasurementSample:
Fre 4u0n0 .. _
Sample,Type
° _
_
_-
Location
Flow 50050
0.010 MGD
Weekly
Instantaneous
„
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
Weekly
Grab
Effluent
Fecal Coliform (geometric mean) 31616
200 / 100 ml
400 / 100 ml
Weekly
Grab
Effluent
Total Residual Chlorine (TRC) 2 50060
28 pg/L
2/Week
Grab
Effluent
Temperature (°C) 00010
Monitor & Report
Weekly
Grab
Effluent
pH 00400
> 6.0 and < 9.0 standard units
Weekly
Grab
Effluent
Footnotes:
1. No later than December 1, 2015 (270 days from the effective date of this permit), begin submitting
discharge monitoring reports electronically using NC DWR's eDMR application system. See
Condition A. (2.).
2. 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 µg/L.
There shall be no discharge of floating solids or visible foam in other than trace amounts.
Page 3 of 6

Permit NCO075353
A. (2.) ELECTRONIC REPORTING OF DISCHARGE MONITORING REPORTS
[G.S. 143-215.1(b)] -
Proposed federal regulations require'elecironic submittal of all discharge monitoring reports (DMRs)
and specify that, if a state does not establish a system to receive such submittals, then permittees must
submit DMRs electronically to the Environmental Protection Agency (EPA). The,Division anticipates
that these regulations will be adopted and is beginning implementation in late 2013.
NOTE: This special condition supplements or supersedes the following sections within Part II of this
permit (Standard Conditions for.NPDES Permits):
• Section B (11.)
• Section D. (2.)
• Section D. (6.)
• Section E. (5.)
Signatory Requirements
Reporting
Records Retention
Monitoring Reports
1. Reporting [Supersedes Section D. (2.) and Section E. (5.) (a)]
Beginning no later than December 1, 2015 (270 days from the effective date of this permit), the
permittee shall begin reporting discharge monitoring data electronically using the NC DWR's
Electronic Discharge Monitoring Report (eDMR) internet application.
Monitoring results obtained during the previous month(s) shall be summarized for each month and
submitted electronically using eDMR. The eDMR system allows permitted facilities to enter
monitoring data and submit DMRs electronically using the internet. Until such time that the state's
eDMR application is compliant with EPA's Cross -Media Electronic Reporting Regulation
(CROMERR), permittees will be required to submit all discharge monitoring data to the state
electronically using eDMR and will be required to complete the eDMR submission by printing,
signing, and submitting one signed original and a copy of the computer printed eDMR to the
following address:
NC DENR / DWR / Information Processing Unit
ATTENTION: Central Files / eDMR
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.
Requests for temporary waivers from the NPDES electronic reporting requirements must be
submitted in writing to the Division for written approval at least sixty (60) days prior to the date the
facility would be required under this permit to begin using eDMR. Temporary waivers shall be
valid for twelve (12) months and shall thereupon expire. At such time, DMRs shall be submitted
electronically to the Division unless the permittee re -applies for and is granted a new temporary
waiver by the Division.
Page 4 of 6

Permit NC0075353
A. (2.) ELECTRONIC REPORTING OF DISCHARGE MONITORING REPORTS, continued
Information on eDMR and application for a temporary waiver from the NPDES electronic reporting
requirements is found on the following web page:
htto://-Portal.ncdenr.org/web/wq/adminibov-/iDu/edmr
Regardless of the submission method, the first DMR is due on the last day of the month following
the issuance of the permit or in the case of a new facility, on the last day of the month following the
commencement of discharge.
2. Signatory Requirements [Supplements Section B (11) (b) and supersedes Section B (11) (d)1
All eDMRs submitted to the permit issuing authority shall be signed by a person described in Part
11, Section B. (11.)(a) or by a duly authorized representative of that person as described in Part II,
Section B. (11.)(b). A person, and not a position, must be delegated signatory authority for eDMR
reporting purposes.
For eDMR submissions, the person signing and submitting the DMR must obtain an eDMR user
account and login credentials to access the eDMR system. For more information on North
Carolina's eDMR system, registering for eDMR and obtaining an eDMR user account, please visit
the following web page:
http://-Portal.ncdenr.or web/w /adminibog/iu/p 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. "
3. Records Retention [Supplements Section D. (6.)1
The permittee shall retain records of all Discharge Monitoring Reports, including eDMR submissions.
These records or copies shall be maintained for a period of at least 3 years from the date of the report. This
period may be extended by request of the Director at any time [40 CFR 122.41].
Page 5 of 6

Permit NC0075353
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McDowell Assisted Living WWTP
Facility { rr- ,
- •
Location rt . - L✓- .- �y
Latitude:35°38'45" Longitude:81°56'24"
Quad# E11NW Stream Class: C
Hydrologic Unit Code: 03050101 Receiving Stream: N. Muddy Creek
A�rr�^ �/�
✓V W 2
NPDES Permit NCO075353
McDowell County
Page 6 of 6

' ")ES 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 Dav
The period from midnight of one day until midnight of the next day. However, for purposes of this permit, any
consecutive 24-hour period that reasonably represents the calendar day may be used for sampling.
Calendar 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 obtained by the following methods:
(1) Continuous: a single, continuous sample collected over a 24-hour period proportional to the rate of flow.
(2) Constant time/variable volume: a series of grab samples collected at equal time intervals over a 24 hour period
of discharge and combined proportional to the rate of flow measured at the time of individual sample
collection, or
(3) Variable time/constant volume: a series of grab samples of equal volume collected over a 24 hour period with
the time intervals between samples determined by a preset number of gallons passing the sampling point. Flow
measurement between sample intervals shall be determined by use of a flow recorder and totalizer, and the . .
preset gallon interval between sample collection fixed at no greater than 1/24 of the expected total daily flow at
the treatment system, or
Version 1110912011.1

NPDES Permit Standard Conditioris
Page 2 of 18
(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

)ES Permit Standard Conditions
Page 3 of 18
Hazardous Substance
Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the CWA.
Instantaneous flow measurement
The flow measured during the minimum time required for the flow measuring device or method to produce a result in
that instance. To the extent practical, instantaneous flow measurements coincide with the collection of any grab
samples required for the same sampling period so that together the samples and flow are representative of the discharge
during that sampling period.
Monthly Average (concentration limit)
The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar month. In the case of fecal
coliform or other bacterial parameters or indicators, the geometric mean of such discharges.
Permit Issuing Authority
The Director of the Division of Water Resources.
Quarterly Average (concentration limit)
The arithmetic mean of all samples taken over a calendar quarter.
Severe propertydamage
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 ComVly_
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, 367, 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
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imprisonment of not more than 1 year, or both. In the case of a second or subsequent conviction for a negligent
violation, a person shall be subject to criminal penalties of not more than $50,000 per day of violation, or by
imprisonment of not more than 2 years, or both. [33 USC 1319(c)(1) and 40 CFR 122.41(a)(2)]
d. Any person who knowingly violates such sections, or such conditions or limitations is subject to criminal
penalties of $5,000 to $50,000 per day of violation, or imprisonment for not more than 3 years, or both. In the
case of a second or subsequent conviction for a knowing violation, a person shall be subject to criminal
penalties of not more than $100,000 per day of violation, or imprisonment of not more than 6 years, or both.
[33 USC 1319(c)(2) and 40 CFR 122.41(a)(2)]
e. Any person who knowingly violates section 301, 302, 303, 306, 307, 308, 318 or 405 of the Act, or any permit
condition or limitation implementing any of such sections in a permit issued under section 402 of the Act, and
who knows at that time that he thereby places another person in imminent danger of death or serious bodily
injury, shall, upon conviction, be subject to a fine of not more than $250,000 or imprisonment of not more than
15 years, or both. In the case of a second or subsequent conviction for a knowing endangerment violation, a
person shall be subject to a fine of not more than $500,000 or by imprisonment of not more than 30 years, or
both. An organization, as defined in section 309(c)(3)(B)(iii) of the CWA, shall, upon conviction of violating
the imminent danger provision, be subject to a fine of not more than $1,000,000 and can be fined up to
$2,000,000 for second or subsequent convictions. [40 CFR 122.41(a)(2)]
f. Under state law, a civil penalty of not more than $25,000 per violation may be assessed against any person
who violates or fails to act in accordance with the terms, conditions, or requirements of a permit. [North
Carolina General Statutes § 143-215.6A]
g. Any person may be assessed an administrative penalty by the Administrator for violating section 301, 302,
306, 307, 308, 318 or 405 of this Act, or any permit condition or limitation implementing any of such sections
in a permit issued under section 402 of this Act. Administrative penalties for Class I violations are not to
exceed $16,000 per violation, with the maximum amount of any Class I penalty assessed not to exceed
$37,500. Penalties for Class II violations are not to exceed $16,000 per day for each day during which the
violation continues, with the maximum amount of any Class II penalty not to exceed $177,500. [33 USC
1319(g)(2) and 40 CFR 122.41(a)(3)]
2. Duly to Mitigate
The Permittee shall take all reasonable steps to minimize or prevent any discharge or sludge use or disposal in
violation of this permit with a reasonable likelihood of adversely affecting human health or the environment [40
CFR 122.41(d)].
3. Civil and Criminal Liability
Except as provided in permit conditions on 'Bypassing" (Part II.CA), "Upsets" (Part II.C.5) and "Power Failures"
(Part 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.
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7. Severability
The provisions of this permit are severable. If any provision of this permit, or the application of any provision of
this permit to any circumstances, is held invalid, the application of such provision to other circumstances, and the
remainder of this permit, shall not be affected thereby [NCGS 15013-23].
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]
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c. Changes to authorization: If an authorization under paragraph (b) of this section is no longer accurate because
a different individual or position has responsibility for the overall operation of the facility, a new authorization
satisfying the requirements of paragraph (b) of this section must be submitted to the Director prior to or
together with any reports, information, or applications to be signed by an authorized representative [40 CFR
122.22]
d. Certification. Any person signing a document under paragraphs a. or b. of this section shall make the following
certification [40 CFR 122.22]. NO OTHER STATEMENTS OF CERTIFICATION WILL BE ACCEPTED:
7 certify, under penalty of law, that this document and all attachments were prepared under my direction or
supervision in accordance with a system designed to assure that qualified personnel properly gather and
evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or
those persons directly responsible for gathering the information, the information submitted is, to the best of my
knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for
submitting false information, including the possibility offines and imprisonment for knowing violations. "
12. Permit Actions
This permit may be modified, revoked and reissued, or terminated for cause. The filing of a request by the
Permittee for a permit modification, revocation and reissuance, or termination, or a notification of planned changes
or anticipated noncompliance does not stay any permit condition [40 CFR 122.41(f)].
13. Permit Modification Revocation and Reissuance, or Termination
The issuance of this permit does not prohibit the permit issuing authority from reopening and modifying the permit,
revoking and reissuing the permit, or terminating the permit as allowed by the laws, rules, and regulations
contained in Title 40, Code of Federal Regulations, Parts 122 and 123; Title 15A of the North Carolina
Administrative Code, Subchapter 02H .0100; and North Carolina General Statute 143.215.1 et. al.
14. Annual Administering and Compliance Monitoring Fee Requirements
The Permittee must pay the annual administering and compliance monitoring fee within thirty days after being
billed by the Division. Failure to pay the fee in a timely manner in accordance with 15A NCAC 02H .0105(b)(2)
may cause this Division to initiate action to revoke the permit.
Section C. Operation and Maintenance of Pollution Controls
1. Certified Operator
Owners of classified water pollution control systems must designate operators, certified by the Water Pollution
Control System Operators Certification Commission (WPCSOCC), of the appropriate type and grade for the
system, and, for each classification must [T15A NCAC 08G .0201]:
a. designate one Operator In Responsible Charge (ORC) who possesses a valid certificate of the type and grade at
least equivalent to the type and grade of the system;
b. designate one or more Back-up Operator(s) in Responsible Charge (Back-up ORCs) who possesses a valid
certificate of the type of the system and no more than one grade less than the grade of the system, with the
exception of no backup operator in responsible charge is required for systems whose minimum visitation
requirements are twice per year; and
c. submit a signed completed "Water Pollution Control System Operator Designation Form" to the Commission
(or to the local health department for owners of subsurface systems) countersigned by the designated certified
operators, designating the Operator in Responsible Charge (ORC) and the Back-up Operator in Responsible
Charge (Back-up ORC):
(1) 60 calendar days prior to wastewater or residuals being introduced into a new system; or
(2) within 120 calendar days following:
➢ receiving notification of a change in the classification of the system requiring the designation of a new
Operator in Responsible Charge (ORC) and Back-up Operator in Responsible Charge (Back-up ORC)
of the proper type and grade; or
➢ a vacancy in the position of Operator in Responsible Charge (ORC) or Back-up Operator in
Responsible Charge (Back-up ORC).
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(3) within seven calendar days of vacancies in both ORC and Back-up ORC positions replacing or designating
at least one of the responsibilities.
The ORC of each Class I facility (or the Back-up ORC, when acting as surrogate for the ORC) must:
➢ Visit the facility as often as is necessary to insure proper operation of the treatment system; the treatment
facility must be visited at least weekly
➢ Comply with all other conditions of 15A NCAC 08G .0204.
The ORC of each Class H' III and IV facility (or the Back-up ORC, when acting as surrogate for the ORC) must:
➢ Visit the facility as often as is necessary to insure proper operation of the treatment system; the treatment
facility must be visited at least five days per week, excluding holidays
➢ Properly manage and document daily operation and maintenance of the facility
➢ Comply with all other conditions of 15A NCAC 08G .0204.
2. Proper Operation and Maintenance
The Permittee shall at all times properly operate and maintain all facilities and systems of treatment and control
(and related appurtenances) which are installed or used by the Permittee to achieve compliance with the conditions
of this permit. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality
assurance procedures. This provision requires the Permittee to install and operate backup or auxiliary facilities only
when necessary to achieve compliance with the conditions of the permit [40 CFR 122.41(e)].
NOTE: Properly and officially designated operators are fully responsible for all proper operation and maintenance
of the facility, and all documentation required thereof, whether acting as a contract. operator [subcontractor] or a
member of the Permittee's staff.
3. Need to Halt or Reduce not a Defense
It shall not be a defense for a Permittee in an enforcement action that it would have been necessary to halt or
reduce the permitted activity in order to maintain compliance with the condition of this permit [40 CFR 122.41(c)].
4. Bypassing of Treatment Facilities
a. Bypass not exceeding limitations [40 CFR 122.41(m)(2)]
The Permittee may allow any bypass to occur which does not cause effluent limitations to be exceeded, but
only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the
provisions of Paragraphs b. and 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
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.
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(3) The Permit Issuing Authority may approve an anticipated bypass, after considering its adverse effects, if
the Permit Issuing Authority determines that it will meet the three conditions listed above in Paragraph c.
(1) of this section.
5. Upsets
a. Effect of an upset [40 CFR 122.41(n)(2)]: An upset constitutes an affirmative defense to an action brought for
noncompliance with such technology based permit effluent limitations if the requirements of paragraph b. of
this condition are met. No determination made during administrative review of claims that noncompliance was
caused by upset, and before an action for noncompliance, is final administrative action subject to judicial
review.
b. Conditions necessary for a demonstration of upset: Any Permittee who wishes to establish the affirmative
defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant
evidence that:
(1) An upset occurred and that the Permittee can identify the cause(s) of the upset;
(2) The Permittee facility was at the time being properly operated; and
(3) The Permittee submitted notice of the upset as required in Part II.E.6.(b) of this permit.
(4) The Permittee complied with any remedial measures required under Part II.B.2. of this permit.
c. Burden of proof [40 CFR 122.41(n)(4)1: 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
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:
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NC DENR / Division of Water Resources / Water Quality Permitting Section
ATTENTION: Central Files
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
3. Flow Measurements
Appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected
and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges. The
devices shall be installed, calibrated and maintained to ensure that the accuracy of the measurements is consistent
with the accepted capability of that type of device. Devices selected shall be capable of measuring flows with a
maximum deviation of less than 10% from the true discharge rates throughout the range of expected discharge
volumes. Flow measurement. devices shall be accurately calibrated at a minimum of once per year and maintained
to ensure that the accuracy of the measurements is consistent with the accepted capability of that type of device.
The Director shall approve the flow measurement device and monitoring location prior to installation.
Once -through condenser cooling water flow monitored by pump logs, or pump hour meters as specified in Part I of
this permit and based on the manufacturer's pump curves shall not be subject to this requirement.
4. Test Procedures
Laboratories used for sample analysis must be certified by the Division. Permittees should contact the Division's
Laboratory Certification Section (919 733-3908 or http://portal.ncdenr.org/web/wq/lab/cert) for information
regarding laboratory certifications.
Facilities whose personnel are conducting testing of field -certified parameters only must hold the appropriate field
parameter laboratory certifications.
Test procedures for the analysis of pollutants shall conform to the EMC regulations (published pursuant to NCGS
143-215.63 et. seq.), the Water and Air Quality Reporting Acts, and to regulations published pursuant to Section
304(g), 33 USC 1314, of the CWA (as amended), and 40 CFR 136; or in the case of sludge use or disposal,
approved under 40 CFR 136, unless otherwise specified in 40 CFR 503, unless other test procedures have been
specified in this permit [40 CFR 122.41].
To meet the intent of the monitoring required by this permit, all test procedures must produce minimum detection
and reporting levels that are below the permit discharge requirements and all data generated must be reported down
to the minimum detection or lower reporting level of the procedure. If no approved methods are determined
capable of achieving minimum detection and reporting levels below permit discharge requirements, then the most
sensitive (method with the lowest possible detection and reporting level) approved method! must be used.
5. Penalties for Tampering
The CWA provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any monitoring
device or method required to be maintained under this permit shall, upon conviction, be punished by a fine of not
more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. If a
conviction of a person is for a violation committed after a first conviction of such person under this paragraph,
punishment is a fine of not more than $20,000 per day of violation, or by imprisonment of not more than 4 years,
or both [40 CFR 122.41].
6. Records Retention
Except for records of monitoring information required by this permit related to the Permittee's sewage sludge use
and disposal activities, which shall be retained for a period of at least five years (or longer as required by 40 CFR
503), the Permittee shall retain records of all monitoring information, including:
➢ all calibration and maintenance records
➢ all original strip chart recordings for continuous monitoring instrumentation
➢ copies of all reports required by this permit
➢ copies of all data used to complete the application for this permit
These records or copies shall be maintained for a period of at least 3 years from the date of the sample,
measurement, report or application. This period may be extended by request of the Director at any time [40 CFR
122.41].
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7. Recording Results
For each measurement or sample taken pursuant to the requirements of this permit, the Permittee shall record the
following information [40 CFR 122.41]:
a. The date, exact place, and time of sampling or measurements;
b. The individual(s) who performed the sampling or measurements;
c. The date(s) analyses were performed;
d. The individual(s) who performed the analyses;
e. The analytical techniques or methods used; and
f. The results of such analyses.
8. Inspection and Entry
The Permittee shall allow the Director, or an authorized representative (including an authorized contractor acting as
a representative of the Director), upon the presentation of credentials and other documents as may be required by
law, to;
a. Enter, at reasonable times, upon the Permittee's premises where a regulated facility or activity is located or
conducted, or where records must be kept under the conditions of this permit;
b. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this permit;
c. Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices,
or operations regulated or required under this permit; and
d. Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise
authorized by the CWA, any substances or parameters at any location [40 CFR 122.41(i)].
Section E Reporting Requirements
1. Change in Discharge
All discharges authorized herein shall be consistent with the terms and conditions of this permit. The discharge of
any pollutant identified in this permit more frequently than or at a level in excess of that authorized shall constitute
a violation of the permit.
2. Planned Changes
The Permittee shall give notice to the Director as soon as possible of any planned physical alterations or additions
to the permitted facility [40 CFR 122.41(1)]. Notice is required only when:
a. The alteration or addition to a permitted facility may meet one of the criteria for new sources at 40 CFR
122.29(b); or
b. The alteration or addition could significantly change the nature or increase the quantity of pollutants
discharged. This notification applies to pollutants subject neither to effluent limitations in the permit, nor to
notification requirements under 40 CFR 122.42(a)(1); or
c. The alteration or addition results in a significant change in the Permittee's sludge use or disposal practices, and
such alteration, addition or change may justify the application of permit conditions that are different from or
absent in the existing permit, including notification of additional use or disposal sites not reported during the
permit application process or not reported pursuant to an approved land application plan.
3. Anticipated Noncompliance
The Permittee shall give advance notice to the Director of any planned changes to the permitted facility or other
activities that might result in noncompliance with the permit [40 CFR 122.41(1)(2)].
4. Transfers
This permit is not transferable to any person without prior written notice to and approval from the Director in
accordance with 40 CFR 122.61. The Director may condition approval in accordance with NCGS 143-215.1, in
particular NCGS 143-215. 1 (b)(4)b.2., and may require modification or revocation and reissuance of the permit, or
a minor modification, to identify the new permittee and incorporate such other requirements as may be necessary
under the CWA [40 CFR 122.41(1)(3), 122.61] or state statute.
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5. Monitoring Reports
Monitoring results shall be reported at the intervals specified elsewhere in this'1permit [40 CFR 122.41(1)(4)].
a. Monitoring results must be reported on a Discharge Monitoring Report (DMR) (See Part II.D.2) or forms
provided by the Director for reporting results of monitoring of sludge use "or disposal practices.
b. If the Permittee monitors any pollutant more frequently than required by this permit using test procedures
approved under 40 CFR Part 136 and at a sampling location specified in this permit or other appropriate
instrument governing the discharge, the results of such monitoring shall be included iIl 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 [phone], [phone] or [phone].
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 th'e 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 repot within 5 days following first
knowledge of the occurrence. Also see reporting requirements for municipalities in Part IV.C.2.c. of this permit.
10. Availability of Reports
Except for data determined to be confidential under NCGS 143-215.3 (a)(2) on Section 308 of the Federal Act, 33
USC 1318, all reports prepared in accordance with the terms shall be availablelfor 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 pen i lties as provided for in NCGS 143-
215.1(b)(2) or in Section 309 of the Federal Act.
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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.IC). 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
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PART III
OTHER REQUIREMENTS
Section A. Construction
a. The Permittee shall not commence construction of wastewater treatment facilities, nor add to the plant's treatment
capacity, nor change the treatment process(es) utilized at the treatment plant unless (1) the Division has issued an
Authorization to Construct (AtC) permit or (2) the Permittee is exempted from such AtC permit requirements
under Item b. of this Section.
In accordance with NCGS 143-215.1(a5) [SL 2011-3941, 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.
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PART IV
SPECIAL CONDITIONS FOR MUNICIPAL FACILITIES
Section A. Definitions
In addition to the definitions in Part II of this permit, the following definitions apply to municipal facilities:
Indirect Discharge or Industrial User
Any non -domestic source that discharges wastewater containing pollutants into a POTW regulated under section
307(b), (c) or (d) of the CWA. [40 CFR 403.3 (i) and 0) and 15A NCAC 02H .0903(b)(11)]
Interference
Inhibition or disruption of the POTW treatment processes; operations; or its sludge process, use, or disposal which
causes or contributes to a violation of any requirement of the Permittee's (or any satellite POTW's if different from the
Permittee) NPDES, collection system, or non -discharge permit or prevents sewage sludge use or disposal in
compliance with specified applicable State and Federal statutes, regulations, or permits. [ 15A NCAC 02H
.0903(b)(14)]
Pass Through
A discharge which exits the POTW into waters of the State in quantities or concentrations which, alone or with
discharges from other sources, causes a violation, including an increase in the magnitude or duration of a violation, of
the Permittee's (or any satellite POTW's, if different from the Permittee) NPDES, collection system, or non -discharge
permit. [15A NCAC 02H .0903(b)(23)]
Publicly Owned Treatment Works (POTW)
A treatment works as defined by Section 212 of the CWA, which is owned by a State or local government organization.
This definition includes any devices and systems used in the storage, treatment, recycling and reclamation of municipal
sewage or industrial wastes of a liquid nature. It also includes the collection system, as defined in 15A NCAC 2T
.0402, only if it conveys wastewater to a POTW treatment plant. The term also means the local government
organization, or municipality, as defined in section 502(4) of the CWA, which has jurisdiction over indirect discharges
to and the discharges from such a treatment works. In this context, the organization may be the owner of the POTW
treatment plant or the owner of the collection system into which an indirect discharger discharges. This second type of
POTW may be referred to as a "satellite POTW organization." [15A NCAC 02H .0903(b)(26)]
"Significant Industrial User" or "SIU"
An Industrial User that discharges wastewater into a publicly owned treatment works and that [15A NCAC 02H
.0903(b)(33)]:
1. Discharges an average of 25,000 gallons per day or more of process wastewater to the POTW (excluding sanitary,
noncontact cooling and boiler blowdown wastewaters); or
2. Contributes process wastewater which makes up five percent or more of the NPDES or non -discharge permitted
flow limit or organic capacity of the POTW treatment plant. In this context, organic capacity refers to BOD, TSS
and ammonia; or
3. Is subject to categorical standards under 40 CFR Part 403.6 and 40 CFR Parts 405-471; or
4. Is designated as such by the Permittee on the basis that the Industrial User has a reasonable potential for adversely
affecting the POTW's operation or for violating any pretreatment standard or requirement, or the POTW's effluent
limitations and conditions in its NPDES or non -discharge permit, or to limit the POTW's sludge disposal options;
5. Subject to approval under 15A NCAC 02H .0907(b), the Permittee may determine that an Industrial User meeting
the criteria in paragraphs 1 or 2 of this definition above has no reasonable potential for adversely affecting the
POTW's operation or for violating any pretreatment standard or requirement, the POTW's effluent limitations and
conditions in its NPDES or non -discharge permit, or to limit the POTW's sludge disposal options, and thus is not a
Significant Industrial User (SIU); or
6. Subject to approval under 15A NCAC 02H .0907(b), the Permittee may determine that an Industrial User meeting
the criteria in paragraph 3 of this definition above meets the requirements of 40 CFR Part 403.3(v)(2) and thus is a
non -significant categorical Industrial User.
Section B. Publicly Owned Treatment Works (POTWs)
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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,
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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. [I 5A
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
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 122.441. 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
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' P )ES Permit Standard Conditions
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enforceable Pretreatment Standards as defined by 40 CFR 403.3(1). [15A NCAC 02H .0903(b)(10), .0905, and
.0906(b)(4)]
5. Industrial User Pretreatment. Permits (IUP) & Allocation Tables
In accordance with NCGS 143-215.1, the Permittee shall issue to all Significant Industrial Users, permits ;for
operation of pretreatment equipment and discharge to the Permittee's collection system or treatment works. These
permits shall contain limitations, sampling protocols, reporting requirements, appropriatestandard 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-
2,15.1(a)(8)]
7. POTW Inspection & Monitoring of their lUs
The Permittee shall conduct inspection, surveillance, and monitoring activities as described in its Division
approved pretreatment program in order to determine, .independent of information supplied by Industrial Users,
compliance with applicable pretreatment standards. [15A NCAC 02H .0908(e); 40 CFR 403.8(f)(2)(v)] The
Permittee must:
a. Inspect all Significant Industrial Users (SIUs) at least once per calendar year;
b. Sample all. Significant Industrial Users (SIUs) at least once per calendar year for all SIU permit -limited
parameters including flow except as allowed under 15A NCAC .0908(e); and
c. At least once per year, document an evaluation of any non -significant categorical Industrial User for
compliance with the requirements in 40 CFR 403.3(v)(2), and either continue or revoke the designation as non-
significant.
8. IU Self Monitoringand nd Reporting
The Permittee shall require all Tndustrial 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 (ERA)
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:
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NPDES Permit Standard Condition:
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NC DENR 1 Division of Water Resources / Water Quality Permitting Section
Pretreatment, Emergency Response, and Collection Systems (PERCS) Unit
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
These reports shall be submitted by March '1 of each year and shall contain the following:
a. Narrative
A narrative summary detailing actions taken, or proposed, by the Permittee to correct significant non-
compliance and to ensure compliance with pretreatment requirements;
b. Pretreatment Program Summary (PPS)
A pretreatment program summary (PPS) on forms or in a format provided by the. Division;
c. Significant Non -Compliance Report (SNCR)
A list of Industrial Users (IUs) in significant noncompliance (SNC) with pretreatment requirements, and the
nature of the violations on forms or in a format provided by the Division;
d. Industrial Data Summary Forms (IDSF)
Monitoring data from samples collected by both the POTW and the Significant Industrial Users (SIUs). These
analytical results must be reported on Industrial Data Summary Forms (IDSF) or on other forms or in a format
provided by the Division;
e. Other Information
Copies of the POTW's allocation table, new or modified enforcement compliance schedules, public notice of
IUs in SNC, a summary of data or other information related to significant noncompliance determinations for
IUs that are not considered SIUs, and any other information, upon request, which in the opinion of the Director
is needed to determine compliance with the pretreatment implementation requirements of this permit;
11. Public Notice
The Permittee shall publish annually a list of Industrial Users (IUs) that were in significant noncompliance (SNC)
as defined in the Permittee's Division -approved Sewer Use Ordinance with applicable pretreatment requirements
and standards during the previous twelve month period. This list shall be published within four months of the
applicable twelve-month period. [15A NCAC 02H .0903(b)(34), .0908(b)(5) and ,0905 and 40 CFR
403.8(f)(2)(viii)]
12. RecordKeeping
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 CFR403.12(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 403.1.8; 15 NCAC 02H .0114 and 15A NCAC 02H .0907.
Version 1110912011.1

A41
�-
NCDENR : ,
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
March 12, 2015
Ms. Linda G. Isaacs
McDowell Assisted Living LLC
P.O. Box 909
Marion, North Carolina 28752-0909
Donald R. van der Vaart
Secretary
SUBJECT: Compliance Sampling Inspection
McDowell Assisted Living WWTP
Permit No: NCO075353
McDowell County
Dear Ms. Isaacs:
Enclosed please find a copy of the Compliance Sampling Inspection form from the
inspection conducted on January 28, 2015. The facility appeared to be in compliance
with permit NC0075353. The kind assistance of Mrs. Juanita James/ ORC in the
inspection of this facility was greatly appreciated.
Please refer to the enclosed inspection report for additional observations and
comments. The results of the Compliance Sampling Inspection are located on the
Summary page. If you or your staff should have any questions, please call me at 828-
296-4500.
Sincerely,,
ne�tC a
Environmental Specialist
Enclosure
ce:�WQ:.Asheville Files
MSC 1617--Central Files -Basement
James & James Environmental/ ORC
G:1WR1WQ1McDoweiRWastewaterXMinors\McDowell Assisted Living 75353\75353 CSI 01-28-15.doc
Water Quality Regional Operations — Asheville Regional Office
2090 U.S. Highway 70, Swannanoa, North Carolina 28778
Phone: [phone]\ FAX: [phone]
Internet: http://portal.ncdenr.org/web/Wq
A Equal Opportunity/ Affirmative Action Employer

United States Environmental Protection Agency
Form Approved.
EPA Washington, D.C. 20460
OMB No. 2040-0057
Water Compliance Inspection Report
Approval expires 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 15 I 3 I NC0075353 111 12 15/01/28 17 18 I � i 19 I G I 20
21111111 1111111111111111111111111 11111111111 r6
Inspection
Work Days Facility $elf -Monitoring Evaluation Rating Bi QA ------Reserved--------
67
72. am. 731 I 74 751 I I I I I I I80
70 LJ 71 ltJ
Section B:.FacilityData
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)
12:37PM 15/01/28
10/01/01
McDowell Assisted Living WWT P
Rt 9 Box 415
Exit Time/Date
Permit Expiration Date
Marion NC 28752
01:35PM 15/01/28
14/12/31
Name(s) of Onsite Representative(s)rritles(s)/Phone and Fax Number(s)
Other Facility Data
Name, Address of Responsible Official/Title/Phone and Fax Number
Contacted
Linda G Isaacs,PO Box 909 Marion NC 287520909//828-652-3033/8286598649
Yes
'
Section C: Areas Evaluated During Inspection (Check only those areas evaluated)
Permit operations & Maintenance Records/Reports Self -Monitoring Program
Facility Site Review
Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary)
(See attachment summary)
Name(s) and Signature(s) of Inspectoi(s) Agency/Office/Phone and Fax Numbers Date
Janet Cantwell ARO WQ//828-296-4500 Ext4667/
Signature of Management Q Reviewer Agency/Office/Phone and Fax Numbers Date
EPA Form 3560-3 (Rev 9-94) Previous editions are obsolete.
Page#

NPDES
yr/mo/day
31 NCO075353 I11 12 15/01/28 17
Inspection Type
18 101
(Cont.)
Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary)
The kind assistance of Mrs. Juanita James/ ORC during this inspection was greatly appreciated.
This latest permit became effective March 1, 2015.
The new requirement for electronic reporting of discharge monitoring report (DMR) data will become
effective December 1, 2015, at this facility, (approximately 270 days or nine months following the
effective date of the permit which is March 1, 2015).
Five questions under "Record Keeping" have been checked as "Not Evaluated" due to the fact the
inspector did not verify this information by making a visit to the operator's lab and office.
The permit held by the ORC was dated November 2009. Records held in the Asheville Regional Office
show the latest permit was received from Raleigh on February 19, 2015, and dated February 6, 2015.
The new permit, dated February 6, 2015, had not been sent at the time of the inspection on January 28,
2015.
Waste from the bar screen goes into the digester which is later pumped out.
Mrs. James, the ORC, stated the owner has approved repairing the air diffusers. They are waiting on
better weather to begin the work.
The inspector observed that the blanket was about one and a half feet down the basin.
Mrs. James/ ORC stated that the chlorine residual is checked each week and it ranges between 0.8 ug
/L and 1.2 ug/ L.
The chlorine contact chamber is pumped about once per quarter.
The operator needs to make sure that solids are. not getting into the chlorine contact chamber.
Results of the Compliance Sampling Inspection are as follows:
BOD 2.3 mg/ L
Fecal 1 CFU/ 100 ml
TSS 6.2 mg/ L
Page#

Permit: NCO075353 Owner- Facility: McDowell Assisted Living WWTP
inspection Date: 01/28/2015 Inspection Type: Compliance Sampling
Permit
(If the present permit expires in 6 months or less). Has the permittee submitted, a new
application?
Is the facility as described in the permit?
Yes No NA NE
❑ ❑ ❑
❑ ❑ ❑
# Are there any special conditions for the permit?
❑
0
❑ ❑
Is access to the plant site restricted to the general public?
❑
❑ ❑
Is the inspector granted access to all areas for inspection?
M
❑
11 ❑
Comment: This latest permit became effective March 1,
2015.
The new requirement for electronic reporting
of discharge monitoring report (DMR) data will
become effective December 1 2015 (approximately 270 days or nine months following
the
effective date of the permit).
Operations & Maintenance
Yes No NA NE
Is the plant generally clean with acceptable housekeeping?
0
❑
❑
El
Does the facility analyze process control parameters, for ex: MLSS, MCRT, Settleable
❑
❑
❑
Solids, pH, DO, Sludge Judge,,and other that are applicable?
Comment:
Record Keeping
Yes No NA NE
Are records kept and maintained as required by the permit?
❑
❑
❑
Is all required information readily available, complete and current?
❑
❑
❑
Are all records maintained for 3 years (lab. reg. required 5 years)?
❑
❑
❑
M
Are analytical results consistent with data reported on DMRs?
❑
❑
❑
Is the chain -of -custody complete?
❑
❑
❑
M_
Dates; times and location of sampling
❑
Name of individual performing the sampling
❑
Results of analysis and calibration
❑
Dates of analysis
❑,
Name of person performing analyses
❑
Transported COCs
❑
Are DMRs complete: do they include all permit parameters?
❑
❑
❑
Has the facility.submitted its annual compliance report to users and DWQ?
❑
❑
M
❑
(If the facility is = or > 5 MGD permitted flow) Do they operate 24/7 with a certified operator
❑ .,
❑
0
❑
on each shift?
Is the. ORC visitation log available and current?"
M
❑
❑
❑
Is the ORC certified at grade equal to or higher than the facility classification?
M
❑
❑
❑
Page# 3

Permit: NCO075353 Owner - Facility: McDowell Assisted Living WWrP
Inspection Date: 01/28/2015 Inspection Type: Compliance Sampling
Record Keeping
Yes No NA NE
Is the backup operator certified at one grade less or greater than the facility classification?
0
❑
❑
❑
Is a copy of the current NPDES permit available on site?
N
❑
❑
❑
.Facility has copy of previous year's Annual Report on file for review?
❑
❑
0
❑
Comment: The above five questions have been checked as "Not Evaluated" due to the fact the
inspector did not verify this information by making a visit to the operator's lab and office._
The permit held by the ORC was dated November 2009. Records held in the Asheville
Regional Office show the latest permit was received from Raleigh on February 19, 2015,
and dated February 6, 2015.
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?
Comment: Waste from the bar screen goes into the digester which is later pumped out.
Aeration Basins
Mode of operation
Type of aeration system
Is the basin free of dead spots?
Are surface aerators and mixers operational?
Are the diffusers operational?
Is the foam the proper color for the treatment process?
Does the foam cover less than 25% of the basin's surface?
Is the DO level acceptable?
Is the DO level acceptable?(1.0 to 3.0 mg/1)
El
• ❑ ❑ ❑
• ❑ ❑ ❑
• ❑ ❑ ❑
❑ ❑ ❑
Yes No NA NE
Ext. Air
Diffused
❑ ❑ ❑
❑ ❑ ■ ❑
• ❑ ❑ ❑
• ❑ ❑ ❑
❑ ❑ ❑
❑❑❑■
❑ ❑ ❑ ■
Comment: Mrs. James. the ORC. stated the owner has'approved repaiflnq the air diffusers. Thev are
waiting on better weather to begin the work.
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? ❑ ❑ 0 ❑
Page# 4

Permit: NCO075353 Owner -Facility:.
Inspection Date: 01/28/2015 Inspection Type:
McDowell Assisted LivingWWfP
Compliance Sampling
Secondary Clarifier
Yes No NA NE
Are weirs level?
❑
❑
❑
Is the site free of weir blockage?
N
❑
❑
❑
Is the site free of evidence of short-circuiting?
N
❑
❑
❑
Is scum removal adequate?
❑
❑
❑
Is the site free of excessive floating sludge?
N
❑
❑
❑
Is the drive unit operational?
❑
❑
0
❑
Is the return rate acceptable (low turbulence)?
N
❑
❑
❑
Is the overflow clear of excessive solids/pin floc?
E
❑
❑
❑
Is the sludge blanket level acceptable? (Approximately %4 of the sidewall depth)
❑
N
❑
❑
Comment: The inspector observed that the blanket was about one and a half feet down the basin._
Disinfection -Tablet - Yes No NA NE
Are tablet chlorinators operational? N ❑ ❑ ❑
Are the tablets the proper size and type? N ❑ • ❑ ❑
:Number of tubes in use?
1
Is the level of chlorine residual acceptable?
❑
❑ ❑
-.Is the contact chamber free of growth, or sludge buildup?
0
❑
❑ ❑
Is there chlorine residual prior to de -chlorination?
0
❑
❑ .❑
Comment: Mrs James/ ORC stated that the chlorine residual is checked each week and it ranges
between 0.8 ug /L and 1.2 ug/ L.
The ORC stated the chlorine contact chamber is pumped
about once per quarter.
The operator needs to make sure that solids are not getting
into the chlorine contact
chamber.
De -chlorination Yes No NA NE
Type of system ? Tablet
Is the feed ratio proportional to chlorine amount (1 to 1)? ❑ ❑ ❑
Is storage -appropriate for cylinders? ❑ ❑ 0 ❑
# Is de -chlorination substance stored away from chlorine containers? E ❑ ❑ ❑
Comment:
Are the tablets the proper size and type? 0 ❑ ❑ ❑
Are tablet de -chlorinators operational? N ❑ .❑ ❑
Number of tubes in use? 1
Page# 5

Permit: NC0075353
Inspection Date: 01/28/2015
De -chlorination
Comment:
Owner -Facility: McDowell Assisted Living VNNiP
Inspection Type: Compliance Sampling
Yes No NA NE
Page#

Water Pollution Control System Operator Designation Form
WPCSOCC
NCAC 1ST. 8G .0201
EerJmltt ee owner/officer Naroe: O W , C SWn L i t711 k;
1Vlsiling Aatitess• . 0 . 66xi q6q
City: Mfit i s=71 C- zip: ZS 757-- pbone #:
............................................... I ..................... .......A..........A.............A..A..................A........
Facility ]name: �. } � e-1 � ste U..t h �t _Perms #: II/C6617
County:
SUBMIT A SRpARATE FOjW FOR EACH TYPE Oli' SYSTEM I
Facility Type & Grade:
Biological WWTP
PhysioallChetaical
Collection System
M�9
Grade
TTM Grade
Surface fi- igation N/A
Land Application N/A
•-- ...............a........
...... I......................A.... ..A.............A..........,.P.....a......................
Operator in Re nslble Charge (ORC)
Print Full Name:
Certificate Type Grade~ I NumberR PC-5 -1 9 2Work.Phone C09 7 �v �
Signature: / Date:�_��l
"I certify that I agree to my designation as the Opefator in Itc4ponsible Cbarge for the facility note& I understand and will abide by the
rules and regulations pertaining to the responsibilitles of the ORC as set forth in 15A NCAC 080.0204 and failing to do so can result in
Disciplinary Actions by the Water F011060n Coa"l System Operators Certification Commission:'
............................................................................................
Bac1K-Up Operator in Responsible Charge (BU ORC)
Print Full Name: 3 A—' t2m
Certificate Type / Grade 1
Work Phone #: g° — C� 0 (c 3
Date:
for it, R sible Cbar a for the facility noted. I undmtand and will abide by
"Z certify iliac I agree to my deaigw4on as a 13&ck-ap Opet� espon S
the rules and regulations perraining to the responsibilitles of the SU ORC as set fodh in ISA NCAC 080 -0205 and failing to do so can
result in Disciplinary Actions by the Water POIlution Conttol Systcm Operators Certification Commission:'
a a..............P•....a....{{a..a.....-.........{.........{{.■....aaa.Y.,...........{......................{..a.... a a...........f{. a. a. a......
MaU 21 Fax tOt WPCSOCC
1618 Mail Servlce Center
Weigh, NC 27699-1618
Fax: [phone]
(See n= page for dmWtaHon of adeitiortal baek-p opet2m- Design4on Of MOM U= one back-up operetoc i$ o�,rdoxal J Revised 8-2007

W pCC50CC Operator Des4nat ion Form, Wnt s
i
r
Fae ty N91e.
#. /V CZ) 6 ri
yaY\aarrar t[lrtdd�.a r. as.at\aY.i.ildM.aa..fl.ttt.l..tyRa.aa YttRlp.■.a\a.t..YR\!\....naY....aa1..YV.aa.aaa�d/apa.waaaa..MRa \...................1\i
Back -Up OeratoirResponsibleCharge U ORC) _ p
print pink NEme:
Certificate 7`:YAe / Glade I Ntl beri WorlPhons:
Sigtlature: pate•. .
{ Inudcretmad and will abide bg ilk
`I cer* that X �'gz�e to atay deslguatbaa as a aotclap Qperator Responsible Charge for the '
rotes and r ultltioaas P to the xaspnm8ibillfles ofthe B[T 0RC as set 16& 1n ISA.NCAC 48 .0205 and f0i-ug t o do so can Molt in
77iscilSIinaly Aotioi3s'bq hw Wedez kolhrtlbx►. Can4xal 5�s6am Oparstoxe Cextifiaatiou Co�missi4� °' .
a.a..a.aSYtta.tkdy�..{.••.••..k...\\...\l•pt.......aw.l.[1.R......... w.........[.wNp.[a.al.l....•.......•.......I1..................1 t.. N.........1 `
flack T7p o � er�tor in Responsible Change (BU ORQ
l ,el�� nr � Rmail. t h�! �L`f fi
fTiut ru" N o: -
CeiZcte �yy e / Blade/ I�lumberr: Work Phone #: `�' U U
Siaiure: Date,
ble C: w--u for the facj*:E2acted. I uadarstwd and wM abWe by the
"T certify Hutt I ee to my designa#op. as a Banc up Operator in � fn iio sb cay. rEsalt hx
rulers and;ra tions perWtgag Uo th® responsiblJlfiies ofthe BU ORC w wt fb h in 15A NCAC 08G .0205 and fslling
Dlsciglinaty A ens bg the "Wader P olbation �01 Systetu Qperatws Cazii#it;atl❑ra Corp aan.l, •
w�Y.•••+�{aarwua.a[.i1ilYll,.Ihaaa..RV[r[r...r.[4Yt1a![.aw[aaw[w".[aaaw[[[[!t/!![a[.aa.a[A®[..[..d Y\\\ajaasa..
.......... n..M...... a..Ya a. R:....
back-up Operator hi Responsible Charge (BIT ORC)
Email:�� ' e_rn
Cetzfic'ype / Grade 11Vurnbet : �} -SO, work. i Work
aiePone #:' a
eggf� that I tp M. desi na6ion sg a Bao1c yg Operatax In ltesp0at�ibie Charge for the 1�Fil ' d) understand and will abide by the
mica aad rsgul6iGasjmWajpOto the responsi49jttes of the EffJ ORC as set r6 in 15AN�AC 08 . ,0103 a fi1u1g 6 do so can result in
MwIpawy Actions by the Water Pollution Conhul system OP Radars Ceroc4on CI)MVJSSioB."
aaa.a.w.wn•{w•• t•M•••••• a..... a.... aY.t ........kYYY\k\t/t••aa[ia.nd..........Y [..........w�a+. .. ✓[.. w•••Y......1a. {..... r...nw la... r....tk
BRclr-Up O jirator iul ) eaponsible t harge' (W tine,)
print MI Name: rat? V I Yi l�1 � � ��: A
Certificate e I Grade 7 Ntunbex. J U 3 WorkPhone #_
Signature• Date: . % 97J j
"i aortlfy that 14gree to my dssignadm a8 a auk up Operator in Re§pomible Charge for the it y tiered I understand and will abide by the
rules add reguiai-ions pestalning to the naspameiWj ties of fbe Bu ()FC as'get fbA in 15A NCAC 0813 a 0205 and WHng to do so wn result la
Disdplbmy Aldom by the Water Poilgtlotx CQUh'ol Syst= Op9rators Cedfics&'A Commission°'
ReMsed 05-2015

ECEIVED
a of Water Resources
� L
NC®ENR
North Carolina Department of Environment and Natural
Pat McCrory
Governor
October 13, 2014
Linda Isaacs'
McDowell Assisted Living
PO Box 909
Marion, NC 28752
OCT 1 5 2014
!r Quality P,egional Operations
Asheville Reclional office
John E. Skvarla, Ilf
Secretary
Subject: Acknowledgement of Permit Renewal
Permit NCO075353
Marion County
Dear Mr. Isaacs:;��: 'tN'
The NPDES Unit received your permit renewal application on October 13, 2014. A member of the
NPDES Unit will review your application. They will contact you if additional information is required to
complete your permit renewal. You should expect to receive a draft permit approximately 30-45 days
before your existing permit expires.
If you have any additional questions concerning renewal of the subject permit, please contact Charles
Weaver [phone].
Sincerely,
Wren Thedford
Wastewater Branch
cc: Central Files
Ashe ,i,1-1'e0Regio- na1QTJ9DF
NPDES Unit
1617 Mail Service Center, Raleigh, North Carolina 27699-1617
Location: 512 N. Salisbury St. Raleigh, North Carolina 27604
Phone: [phone] Fax: [phone]Customer Service:1-877-623-6748
Internet:: www.ncwater.org
An Equal OpportunityMrmativeAction Employer

NPDES APPLICATION - FORM,D
For privately -owned treatment systems treating 100% domestic wastewaters <1.0 MGD1
Mail the complete application to:
N. C. DENR / Division of Water Quality I NPDES Unit
161.7 Mail. Service Center, Raleigh, MC 27699-1617
NPDES Permit WCC�0793-53-*-1
Y Yotz are completing this form in computer use therAr3 key or the up - down an-ows to move frorri. one
field to the naxt, To check the boxe-sj, click your mouse on, top of the box. Othenvise., pleas& print or type..
1. Contact Information;
Ou,'ner Name
McDowell Assisted. Living, LLC
Facility Name
McDowell Assisted Living
Mailing Address
P. 0.on Box 909
RECEIVED/DENR/DWR
C�ty
Mari
OCT 1 P1.2014
State / Zip Code
NO 28752
IAI- to Quality_,.
Telephone Number
828-652-3033
Permitting Section
Fwc Number
[phone]
e-rnail Address
maIS235(g)hotmall.com
2. Location of facility producing discharge:
Checkhere if same address as above D
Street -address or State Road NO Highway 226
Citv
Marion
State / Zip Code
County
McDowell
3. Operator T-reformation:
Nrzrne 'of the firm, public organization or other entity that operates the facility.
(IVote that this j,-3 Izat
referring to the 01-)eralo T in Responsible Charge or' ORQ
Name McDowell Assisted Living, LLC
Mailing- Address P. 0. Box 909
city Marion
State Zip Code NC 28752
Telephone Number 828-652-3033
CE T VE D
Division of Water Resources
Fax Number [phone]
e-nu,ffl Address [e-mail]
G 014
"later Quality negbn . al Operations
1 Of 3 Form-0 11112

NPDES APPLICATION - FORM D
For privately -owned treatment systems treating 100% domestic wastewaters <1.0 MGD
4. Description of wastewater: RECEIVEDIDENRIDWR
all that apply)*
OCT i"i IMMI
Industrial Number of Employees Water Quality
Commercial X Number of Employees permitting SectiOr-
Residential Number of Homes
School. Number of Students/Staff
Other X Explain, Residents
Describe the source(s) of wastewater (example: subdivision, mobile home; park, sh. opping venters,
restaurants, etc.):
Assisted Living Home
Ntimber of persons sensed:
5. Type of collection system
X Separate (sanitary sewer only) El Combined (storm sewer and sanitary sewer)
6. Outfall Informatiom
Number of separate discharge points I
Outfall Identification number(s) 001
Is the outfall equipped with a diffuser? [] Yes X No
7. Name of receiving stream(s) W anoticants: Provide a Fnap showing the exact location of each
0 U tfa, I Ij -
North Muddy Creek in Catawba River Basin
S. Frequency of Discharge: X Continuous F-1 Intermittent
if intermittent:
Days per week discharge occurs. Duration.-
0 -
9. Describe the treatment system
List all installed cornponents, inchiding capacities, provide design rernovalfear BOD, TS45, nitrogen and
phosphorus. If thespaceprovided is not suf ficient, attach the description of the treatment systern. in a
separate sheet of paper,
0.010 MGD facility with extended aeration basin, clarifier, chlorination equipment and
sludge digester
2of3 Farm -Et I V12

.4
For privately -awned treatment systems treating 100% domestic wastewaters <1.0 MGD
10. Flow Information -
Treatment .Plant Design flaw 0.010 MGD
Annual Average daily flow 0.0014 MGD (for the previous 3 years) RECEIVECilnt"1111;;
Maximum daily flow 0.007 MGD (for the precious 3 years) Qc l
11. Is this facility located on Indian. country? Water Quaia
El Yes X No Permittina SP-"
12. Effluent Data
NEW tAPPLWANTS: Provide data for tire. pararrieters listed. Focal Colifomi, 7€ tn1jerature and ICI -I shall be drat)
samph-=,s., for all other para:rrieters .24-hour composite scarryXi tcd shall be used, #`more thart ane analysis is reported..
repport: daily inaxiinuin and rnonthlry averagen If only ane analrlsis is reported, report as daily rraicirnurri.
RE1VE�iTA4. PPLYCfiNTS Provide� u the highest single reading (Daily Mdxirnurn) and Monthly erage. aver
the gust 36 Airnontks ror purameters currently in your pennit. Mark other pax dme-ters 'NIA',
l Parameter -T
Daily
Maximum
Monthly
t Avera e
Units of
l Measurement
i Biochemical O-wgen Demand (130I3s)
22.3
12.7
! MG L
Fecal Califorrn
102
2.5
_._
.FC OOIVI
Total Suspended Solids
36.7
4 21.6
MG%L
Temperature (Summer)
27.1.
24.9
C
i Temperature (Winger)
14.0
13.0
C
pH
17.6
_._._
13. List all permits, construction approvals anti f or applications:
Type Permit Number Type Permit Number
Hazardous Waaste. (R..C.RA)
UIC (` DWA)
NF'DES
Pala (CAA)
Non-attaa anent piograrn (CAA)
NESHAPS (CAA.)
Occan Dumping (MPRSA)
NC0078353 Dredge or :fill (Section 404 or CWA)
Other
14. APPLICANT CERTIFICATION
I certify that I am familiar with the information contained in the application and that to the
best of my knowledge and belief such information is true, complete, and accurate.
'I&S 60)/1 etL
lhintrd name of Person. Signing
Title
i0 J 9-aoi
of Applicant Date
Noah Carolina General Statute 143-215.6 (b)(2) states, Any person who knowingly makes any false statement representation, or Certification in any
application, record: report, plan, or other document tiles 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 S25,000, or by imprisonment not to exceed six months, or by both. (18 U.&C. Section 100.1
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 0 3 Form-D 1111.2

9121
MONITORING REPORT(MR) VIO IONS for:
Report Date: 01/21/15 Page: 1 of 2
PERMIT: NCO075353
FACT ITY: McDowell Assisted Living LLC - Dowell Assisted
COUNTY: McDowell
REGION: Asheville
Living WWTP
Limit Violation
MONITORING
OUTFACE/
LOCATION
PARAMETER
VIOLATION
FREQUENC
UNIT OF
LIMIT
CALCULATED
VALUE
Over
VIOLATION TYPE
VIOLATION ACTION
REPORT
PPI
DATE
MEASURE
12 -2013
001
Effluent
SOD, 5-Day (20 Deg. C) -
12/31/13
Weekly
mg/I
30
32.25
7.5
Monthly Average
Proceed to NOV
Concentration
Exceeded
01 -2014
001
Effluent
SOD, 5-Day (20 Deg. C) -
01/16/14
Weekly
mg/I
45
49.7
10.4
Daily Maximum
Proceed to
Concentration
Exceeded
Enforcement Case
01 -2014
001
Effluent
SOD, 5-Day (20 Deg. C) -
01/30/14
Weekly
mg/I
45
45.8
1.8
Daily Maximum
Proceed to
Concentration
Exceeded
Enforcement Case
01 -2014
001
Effluent
SOD, 5-Day (20 Deg. C) -
01/31/14
Weekly
mg/I
30
32.46
8.2
Monthly Average
Proceed to
Concentration
Exceeded
Enforcement Case
02 -2014
001
Effluent
SOD, 5-Day (20 Deg. C) -
02/28/14
Weekly
mg/I
45
53.3
18.4
Daily Maximum
Proceed to NOV
Concentration
Exceeded
02 -2014
001
Effluent
SOD, 5-Day (20 Deg. C) -
02/28/14
Weekly
mg/I
30
32.7
9
Monthly Average
Proceed to NOV
Concentration
Exceeded
01 -2014
001
Effluent
pH
01/23/14
Weekly
su
9
9.2
2.2
Daily Maximum
No Action, BPJ
Exceeded
01 -2014
001
Effluent
pH
01/31/14
Weekly
su
9
9.3
3.3
Daily Maximum
No Action, BPJ
Exceeded
11 -2012
001
Effluent
Solids, Total Suspended -
11/02/12
Weekly
mg/I
45
50.8
12.9
Daily Maximum
Proceed to NOV
Concentration
Exceeded
01 -2014
001
Effluent
Solids, Total Suspended -
01/23/14
Weekly
mg/I
45
55
22.2
Daily Maximum
Proceed to
Concentration
Exceeded
Enforcement Case
01 -2014
001
Effluent
Solids, Total Suspended -
01/31/14
Weekly
mg/1
30
32.2
7.3
Monthly Average
Proceed to
Concentration
Exceeded
Enforcement Case
02-2014
001
Effluent
Solids, Total Suspended -
02/28/14
Weekly
mg/I
45
47.1
4.7
Daily Maximum
Proceed to NOV
Concentration
Exceeded
Monitoring Violation
MONITORING
OUTFACE/
LOCATION
PARAMETER
VIOLATION
FREQUENC
UNIT
LIMIT
CALCULATED
VIOLATION TYPE
VIOLATION ACTION
REPORT
PPI
DATE
MEASURE
E
VALUE
Over

MONITORING REPORT(MR) VIOLATIONS for:
Report Date: 01/21/15 Page: 2 of 2
12 _ 2012 001 Effluent pH 12/01/12 Weekly su Frequency Violation No Action, BIMS
Calculation Error

Pat McCrory
Governor
N CDENR
North Carolina Department of Environment and Natural Resources
August 6, 2014
CERTIFIED MAIL 7013 2630 0001 8998 1512
RETURN RECEIPT REQUESTED
Ms. Linda Issacs
McDowell Assisted Living, LLC
P. O. Box 909
Marion, NC 28752
Subject: Remission Request of Civil Penalty Assessment
NPDES Permit Number NCO075353
McDowell Assisted Living WWTP
McDowell County
Case Number LV-2014-0045
Dear Ms. Issacs:
John E. Skvaria, III
Secretary
In accordance with North Carolina General Statute 143-215.6A(f),and delegation from the Director of
the North Carolina Division of Water Resources, John E. Hennessy, supervisor of the Water Quality
Permitting Section's Compliance and Expedited Permitting Unit, considered the information you
submitted in support of your request for remission and remitted $50.00 of the $247.50 civil penalty
assessment. The revised amount due is $197.50, which includes $147.50 in investigative costs. A copy
of the remission decision is attached.
Two options are available to you at this stage of the remission process:
You may pay the penalty.
If you decide to pay the penalty please make your check payable to the Department of Environment and
Natural Resources (DENR). Send the payment within thirty (30) calendar days of your receipt of this
letter to the attention of: , .
Bob Sledge
NC DENR-DWR— Wastewater Branch
Compliance & Expedited Permitting Unit
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
OMS Dn f Waat I REDurceg
At1G 13 2014
Water ®uallty Regional Operations
Asheville Regional Office
1617 Mail Service Center, Raleigh, North Carolina 27699-1617
Phone: [phone] \Internet: www.ncwaterquality.org
An Equal Opportunity 1 Affirmative Action Employer— Made in part by recycled paper

Ms. Linda Issacs
LV-2014-0045 Remission Decision
p. 2
You may decide to have the Environmental Management Commission's (EMC) Committee on
Civil Penalty Remissions make the final decision on your remission request.
If payment is not received within 30 calendar days from your receipt of this letter, your request for
remission with supporting documents and the recommendation of the North Carolina Division of Water
Resources will be delivered to the Committee on Civil Penalty Remissions for final agency decision.
If you or your representative would like to speak before the Committee, you must complete and return
the attached Request for Oral Presentation Form within thirty (30) calendar days of receipt of this letter.
Send the completed form to:
Bob Sledge
NC DENR-DWR — Wastewater Branch
Compliance & Expedited Permitting Unit
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
The EMC Chairman will review the supporting documents and your request for an oral presentation (if
you make the request). If the Chairman determines that there is a compelling reason to require a
presentation, you will be notified of when and where you should appear. If a presentation is not
required, the final decision will be based upon the written record.
Thank you for your cooperation in this matter. If you have any questions, please contact me at (919)
807-6398, or via e-mail at [e-mail].
Sincerely,
Bob Sledge, Environmental Specialist
Compliance & Expedited Permitting Unit
Attachments
cc�shevalle�Regi::onahOffice-_:DWdt/Water Qualify'
Enforcement File
u•. -,DWR.
Central Files
p$
5gL

DIVISION OF WATER RESOURCES
CIVIL PENALTY REMISSION FACTORS
Case Number: LV-2014-0045 Region: Asheville County: McDowell
Assessed Entity: McDowell Assisted Living WWTP Permit: NCO075353
❑ (a) Whether one or more of the civil penalty assessment factors were wrongly applied to the
detriment of the petitioner:
® (b) Whether the violator promptly abated continuing environmental damage resulting from the
violation:
The facility states it believes the WWTP was affected by a shock loading over the weekend of January 11, 2014
(no problems noted during January 10 ORC visit). Upon his first observation of the WWTP showing stress on
January 13, 2014, the operator immediately began to take measures to mitigate the situation, increasing aeration
and pH, and wasting dead organisms. When those measures didn't yield the desired effect, the WWTP was
pumped out and reseeded with healthy sludge on January. 23, and the plant began a slow process of recovery.
DMR review suggests the WWTP experienced a longer run up toward the noncompliant episode as effluent
concentrations for conventional parameters began higher than normal, and rose throughout the month. Values
don't appear greatly different before and after the time of the alleged shock load. Violations of permit limits
persisted into February. ORC reported time on site does not depict extra attention being given to the WWTP
during the month.
❑ (c) Whether the violation was inadvertent or a result of an accident:
❑ (d) Whether the violator had been assessed civil penalties for any previous violations:
This is the first civil assessment case on record against this facility.
❑ (e) Whether payment of the civil penalty will prevent payment for the remaining necessary
remedial actions:
DECISION (Check One)
Request Denied ❑
Full Remission ❑
Partial Remission
Retain Enforcement Costs? Yes ❑ No ❑
$ � 0 (Enti

STATE OF NORTH CAROLINA
ENVIRONMENTAL M_ __ ._ _GEMENT
COMMISSION
COUNTY OF McDOWELL
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST:
McDowell Assisted Living, LLC
McDowell Assisted Living WWTP
DWR Case Number LV-2014-0045
REQUEST FOR ORAL PRESENTATION
I hereby request to make an oral presentation before the Environmental Management Commission's Committee On Civil Penalty
Remissions in the matter of the case noted above. In making this request, I assert that I understand all of the following statements:
• This request will be reviewed by the Chairman of the Environmental Management Commission and may be either granted or
denied.
• Making a presentation will require the presence of myself and/or my representative during a Committee meeting held in Raleigh,
North Carolina.
• My presentation will be limited to discussion of issues and information submitted in my original remission request, and because
no factual issues are in dispute, my presentation will be limited to five (5) minutes in length.
The North Carolina State Bar's Authorized Practice of Law Committee has ruled that the appearance in a representative capacity at
quasi-judicial hearings or proceedings is limited to lawyers who are active members of the bar. Proceedings before the Committee on
Remissions are quasi-judicial. You should consider how you intend to present your case to the Committee in light of the State Bar's
opinion and whether anyone will be speaking in a representative capacity for you or a business or governmental entity. If you or your
representative would like to speak before the Committee, you must complete and return this form within thirty (3.0) days of receipt of
this letter.
Depending on your status as an individual, corporation, partnership or municipality, the State Bar's Opinion affects how you may
proceed with your oral presentation. See www.ncbar.com/ethics, Authorized Practice Advisory Opinion 2006-1 and 2007 Formal
Ethics Opinion 3.
• If you are an individual or business owner and are granted an opportunity to make an oral presentation before the Committee,
then you do not need legal representation before the Committee; however, if you intend on having another individual speak
on your behalf regarding the factual situations, such as an expert, engineer or consultant, then you must also be present at the
meeting in order to avoid violating the State Bar's Opinion on the unauthorized practice of law.
• If you are a corporation, partnership or municipality and are granted an opportunity to make an oral presentation before the
Committee, then your representative must consider the recent State Bar's Opinion and could be considered practicing law
without a license if he or she is not a licensed attorney. Presentation of facts by non -lawyers is permissible.
If you choose to request an oral presentation, please make sure that signatures on the previously submitted Remission Request form
and this Oral Presentation Request form are: 1) for individuals and business owners, your own signature and 2) for corporations,
partnerships and municipalities, signed by individuals who would not violate the State Bar's Opinion on the unauthorized practice of
law.
Also, be advised that the Committee on Civil Penalty Remissions may choose not to proceed with hearing your case if the Committee
is informed that a potential violation of the statute concerning the authorized practice of law has occurred.
This the day of , 20
SIGNATURE
TITLE (President, Owner, etc.)
ADDRESS
TELEPHONE

r F r IP r tA ') g*>
NCDENR
North Carolina Department of Environment and Natura
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, P.E.
Governor Director
May 9, 2012
Linda Issacs
McDowell Assisted Living LLC
P.O. Box 909
Marion NC 28752
Resources
Dee Freeman
. Secretary
SUBJECT: Compliance Evaluation Inspection
McDowell Assisted Living WWTP
Permit No: NCO075353
McDowell County
Dear Ms. Issacs:
Enclosed please find a copy of the Compliance Evaluation Inspection conducted
on April 24, 2012. The facility appears to be well operated. No violations of permit
requirements or applicable regulations were observed during this inspection. The facility
was found to be in Compliance with permit NC0075353.
Please refer to the enclosed inspection report for additional observations and
comments. If you or your staff have any questions, please call me at 828-296-4500.
Sincerely,
Jeff Menzel
Environmental Specialist
Enclosure
cc: Juanita Reed James, ORC
Central Files
Asheille: Fibs°
SURFACE WATER PROTECTION —ASHEVILLE REGIONAL OFFICE
Location: 2090 U.S. Highway 70, Swannanoa, NC 28778 ria
NOineClilCaiOli
Phone: [phone]\FAX: [phone],43 /i
Internet: www.ncwaterouality.om o'f NatltlY lay
S:\SWP\McDowell\Wastewater\Minors\McDowell Assisted Living 75353\75353 CEI 20121.docx

United States Environmental Protection Agency
Form Approved.
EPA Washington, D.C. 20460
OMB No. 2040-0057
Water Comploanre Inspprfinn Report
Approval expires 8-31-98
Section A: National Data System Coding (i.e., PCS)
Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type
1 INI 2 (s ( 31 NCO075353 111 121 12/04/24 117 181 C I 191 c I 201
u t=! L! U LI
Remarks
211 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1-] 1 1 1 1 1 1 1 1 1 1 1 Jill Jill 1 1 16
Inspection Work Days Facility Self -Monitoring Evaluation Rating B1 QA - -- - -- - — -Reserved----------------
180
671 169 70I 3 I 71 U 72I N I 73 LU 74 75L1 I I I I Li
�—+
Section El: 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)
McDowell Assisted Living WWTP
07:45 AM 12I04124
10/01/01
Exit Time/Date
Permit Expiration Date
Rt 9 Box 415
Marion NC 28752
08:00 AM 12/04/24
14/12/31
Name(s) of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s)
Other Facility Data
Juanita Reed James/ORC/828-697-0063/
Name, Address of Responsible Official/Title/Phone and Fax Number
Contacted
Linda Issacs,PO Box 909 Marion NC 28752//828-652-3033/ No
Section C: Areas Evaluated During Inspection Check only those areas evaluated)
Operations & Maintenance N Sludge Handling Disposal E Facility Site Review
Section D: Summary of Finding/Comments Attach additional sheets of narrative and checklists as necessary)
(See attachment summary)
Name(s) and Signature(s) of In ector(s Agency/Office/Phone and Fax Numbers Date
Jeff Menzel �% ARO WQ//828-296-4500/
Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date
EPA Form 3560-3 (Rev 9-94) Previous editions are obsolete.
Page # 1

NPDES yr/nno/day Inspection Type 1
3I NC0075353 I11 12I 12/04/24 117 18I CI
Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary)
The facility appears to be well operated. No violations of permit requirements or applicable regulations were
observed during this inspection.
Page # 2

Permit: NCO075353 Owner - Facility: McDowell Assisted Living WWTP
Inspection Date: 04/24/2012 .Inspection Type: Compliance Evaluation
Operations & Maintenance Yes No NA NE
Is the plant generally clean with acceptable housekeeping? ■ ❑ ❑ ❑
Does the facility analyze process control parameters, for ex: MLSS, MCRT, Settleable Solids, pH, DO, Sludge ■ ❑ ❑ ❑
Judge, and other that are applicable?
Comment: The site was in good order.
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? �, • i :
■
❑ ❑ ❑
Comment: .,.1•,:,
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?
❑
❑ ❑ ■
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?
❑
❑ ■ ❑
Are weirs level?
■
❑ ❑ ❑
Is the site free of weir blockage?
■
❑ ❑ ❑
Is the site free of evidence of short-circuiting?
■
❑. ❑ ❑
Page # 3

Permit: NC0075353 Owner - Facility: McDowell Assisted Living WWTP
Inspection Date: 04/24/2012 Inspection Type: Compliance Evaluation
Secondary Clarifier Yes No NA NE
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'/4 of the sidewall depth)
Comment:
. t.
Page # 4

Fl
TU�-
rjt�;
5
APR - 4 2012
WATER QUALITY SECTION
PERFORMANCE ANNUAL REA,AL OFFICE
0'1Pr=''ON
McDowell Assisted Living r_...„ 1VI9. Linda Issacs
Permit Number: N00075353
A copy of the Performance Annual Report has already been filed with the
State of North Carolina Division of Water Quality in triplicate by James &
James Environmental Management, Inc. and should be in your possession at
this time. On that report, the certification was stated that I, the responsible
party of this facility, has received a copy of this report and was directed to
give the users knowledge of this report and access to it.
Therefore:
I certify under penalty of law that this report prepared by James & James
Environmental Management, Inc. is complete and accurate to the best of my
knowledge. I further certify that this report has been made available to the
users or customers of this documented system and that those users have been
notified of its availability.
Thank you,
Ms. Linda Issacs
McDowell Assisted Living

-/'n e 'DOAD .
P(p
JAMES & JAMES ENVIRONMENTAL MANAGEMENT, INC
h PO BOX 1354, MOUNTAIN HOME, NC 28758
[phone] OFFICE
[phone] FAX
PERFORMANCE ANNUAL REPORT - 2011
McDowell Assisted Living Ms. Linda Issacs Permit Number: NCO075353
System Description
An extended aeration basin with gravity flow influent into a 10,000 gallon treatment facility,
clarifier, sludge holding tank, tablet feed chlorinator, chlorine contact chamber, tablet feed de -chlorinator,
and effluent gravity line.
Performance
This system had one violation the entire year with regard to the BOD-5 Day. A new motor was
installed on the blower. The rest of the year the facility ran very well.
Violations and corrective actions taken
1. April, 2011
a. BOD-5 Day
i. 4/19 @ >35.5 mg/1
I. There were no daily or monthly average exceeded,, but the law
requires a non -compliant be noted when a ">" sign is indicated.
The problem occurred during the outage of the motor.
This report has been sent to the Owner with directions to give notification of the availability of this report
to each of their users. A certified statement will be sent to the State when this notice has been issued.
I certify under penalty of law that this report is complete and accurate to the best of my knowledge. I
further certify that this report has been made available to the users or customers of the named system and
that those users have been notified of its availability. I also certify that this report has been given to the
owner of this facility with explicit directions to make the user aware of the availability of this report and the
location with which a copy can be viewed or received. James & James Environmental Mgt., Inc cannot
certify that the latter has been completed and will enclose a letter of certification to be mailed to the State
of North Carolina on behalf of this entity along with all pertinent information reegardiiUkthis system for the,�y
conclusion of this requirements -• •Y
Thank you,
Juanita James
James & James Environmental Management, Inc.
F D E E D
FMAR:E- 9 2012
WATER QUALITY SECTION
SHEVILLF_ REGIONAL OFFIC
... ..,c .:'+<n:r..ESL.�.L:s>.,KJ:.i:..•,;:'aYnrw.,:...
MAR - 5 2012

PERFORMANCE ANNUAL REPORT — 20,11
McDowell Assisted Living Ms. Linda Issacs
Permit Number: NCO075353
A copy of the Performance Annual Report has already been filed with the
State of North Carolina Division of Water Quality in triplicate by James &
James Environmental Management, Inc. and should be in your possession at
this time. On that report, the certification was stated that I, the responsible
party of this facility, has received a copy of this report and was .directed to
give the users knowledge of this report and access to it.
Therefore:
I certify under penalty of law that this report prepared by James & James
Environmental Management, Inc. is complete and accurate to the best of my
knowledge. I further certify that this report has been made available to the
users or customers of this documented system and that those users have been
notified of its availability.
Thank you,
Ms. Linda Issacs
McDowell Assisted Living

MCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
Ms. Linda Issacs
McDowell Assisted Living LLC
P.O. Box 909
Marion, North Carolina 28752
Dear Ms. Issacs:
John E. Skvarla, III
Secretary
July 22, 2014
Subject: NOTICE OF VIOLATION
NOV-2014-LV-0327
Permit No. NCO075353
McDowell Assisted Living WWTP
McDowell County
A review of McDowell Assisted Living WWTP's monitoring report for February 2014 showed the
following violations:
Parameter
Date
Lifinit Value
Reported Value
Limit Type
BOD
02/28/2014
45 mg/I
53.3 mg/I
Daily Maximum Exceeded
BOD
02/28/2014
30 mg/I
32.7 mg/I
Monthly Average Exceeded
TSS
02/28/2014
45 mg/I
47.1 mg/I
Daily Maximum Exceeded
Remedial actions, if not already implemented, should be taken to correct any problem. Since the
comments section on the reverse of the relevant DMR provided an adequate explanation for the subject
violation, it is not requested that a response be submitted.
The Division of Water Resources may pursue enforcement action for this and any additional violations
of State law. If you should have any questions, please do not hesitate to contact Janet Cantwell or me
at 828/296-4500.
Sincerely,
G. Landon Davidson, P.G., Regional Supervisor
Water Quality Regional Operations, NCDENR
Asheville Regional Office
WQ�Asheviile-Files---- "
MSC 1617-Central Files -Basement
James & James Environmental/ ORC
G.''v1R1i1r�+. 1cDo+r;eiPd Jaste rat�rVivli icrs,vlcGow.2l Assisted Living 75353ENCV-201 LV-0327.wo
Water Quality Regional Operations — Asheville Regional Office
2090 U.S. Highway 70, Swannanoa, North Carolina 28778
Phone: [phone] FAX: [phone]
Internet: http:llportal.ncdenr.org/web/wq
An Equal Opportunityl Affirmative Action Employer

anj
RCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory John E. Skvarla, III
Governor Secretary
April 4, 2014
Ms. Linda Issacs
McDowell Assisted Living LLC
P.O. Box 909
Marion, North Carolina 28752
Subject: NOTICE OF VIOLATION
NOV-2014-LV-0127
Permit No. NCO075353
McDowell Assisted Living WWTP
McDowell County
Dear Ms. Issacs:
A review of McDowell Assisted Living WWTP's monitoring report for December 2013 showed the
following violation:
Parameter
Date
Limit Value
Reported Value
Limit Type
BOD, 5-Day (20 Deg. C) -
12/31/2013
30 mg/I
32.25 mg/I
Monthly
Concentration
Average
Exceeded
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.
Remedial actions should be taken to correct this problem. The Division of Water Resources may
pursue enforcement action for this and any additional violations of State law. If you should have any
questions, please do not hesitate to contact Janet Cantwell or me at 828/2964500.
cc:�t''e F'fi
WQ Central Files
James & James Environmental/ ORC
Sincerely,
G. Landon Davidson, P.G., Regional Supervisor
Water Quality Regional Operations,, NCDENR
Asheville Regional Office
G:\WR\WQ\McDowell\Wastewater\Minors\McDowell Assisted Living 75353\NOV-2014-LV-0127.doc
Water Quality Regional Operations — Asheville Regional Office
2090 U.S. Highway 70, Swannanoa, North Carolina 28778
Phone: [phone] FAX: [phone]
Internet: http://portal.ncdenr.org/web/wq
An Equal Opportunity/ Affirmative Action Employer

u I.1 3 11 1. 4i `
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Pat McCrory Charles Wakild, P.E. John E. Skvarla,.11l
Governor Director Secretary
March 15, 2013
Ms. Linda Issacs
McDowell Assisted Living LLC
P.O. Box 909
Marion, North Carolina 28752-0909
Subject: NOTICE OF VIOLATION
NOV-2013-LV-0169
Permit No. NCO075353
McDowell Assisted Living WWTP
McDowell County
Dear Ms. Issacs:
A review of McDowell Assisted Living WWTP's monitoring report for November 2012 showed the
following violation:
Parameter
Date
Limit Value
Reported Value
Limit Type
Solids, Total Suspended -
Concentration
11/02/2012
45 mg/I
50.8 mg/I
Daily Maximum
Exceeded
Remedial actions, if not already implemented, should be taken to correct any problem. Since the
comments section on the reverse of the relevant DMR provided an adequate explanation for the subject
violation, it is not requested that a response be submitted.
The Division of Water Quality may pursue enforcement action for this and any additional violations of
State law. If you should have any questions, please do not hesitate to contact Janet Cantwell or me at
8281296-4500.
Sincerely,
Chuck Cranford, Regional Supervisor
Surface Water Protection Section
cc we
® 11 s ev�'IIe�Fi1E
DWQ Central Files
James & James Environmental/ ORC
S:\SWP\McDowell\Wastewater\Minors\McDowell Assisted Living 75353\NOV-2013-LV-0 1 69.doc
North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, N.C. 28778 . Phone[phone]
NortliCarolina
Naturally

L '
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
October 3, 2011
Ms. Linda Issacs
McDowell Assisted Living LLC
P.O. Box 909
Marion, North Carolina 28752
Subject: NOTICE OF VIOLATION
NOV-2011 -MV-01 56
Permit No. NCO075353
McDowell Assisted Living WWTP
McDowell County
Dear Ms. Issacs:
A review of McDowell Assisted Living WWTP's monitoring report for April 2011 showed the
following violation:
Parameter
Date
Measuring
Violation
Frequency
Total Residual
Week ending 04/02/2011
Twice Weekly
Failure to Monitor
Chlorine
If the above parameter was left off inadvertently, please send an amended DMR within 10
business days of receipt of this letter to Raleigh at the address found on the front page of your DMR
and also a copy to this office.
Remedial actions should be taken to correct this problem. The Division of Water Quality may pursue
enforcement action for this and any additional violations of State law. If you should have any questions,
please do not hesitate to contact Janet Cantwell at 828/296-4500.
Sincerely,-
D. Keith WHaynAing Regional Supervisor
Surface Water Protection Section
_R .. . _ ,; lte 6 i1c�:s I
r DWQ Central Files
James & James Environmental/ ORC
S:1SWP1McDowelllWastewaterlMinorslMcDowell Assisted Living 753531NOV-2011-MV-0156.doc
NorthCarolina
Na&,ra!!y
North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, N.C. 28778 Phone[phone] Customer Service
Internet: www.ncwaterguality.org FAX [phone]

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
March 23, 2010
Ms. Linda Issacs
McDowell Assisted Living LLC
P.O. Box 909
Marion, North Carolina 28752
Subject: NOTICE OF VIOLATION
NOV-2010-MV-0028
Permit No. NCO075353
McDowell Assisted Living WWTP
McDowell County
Dear Ms. Issacs:
Dee Freeman
Secretary
A review of McDowell Assisted Living WWTP's monitoring report for October 2009 showed the following
violation:
Parameter
Date
Measuring
Frequency
Violation
Total Residual Chlorine
10/24/09
Twice Weekly
Failure to Monitor
It was also noted that the Compliance box on the back of the DMR was marked "Compliant" when in fact it should
have been marked "Non -Compliant" with an explanation 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 (ten) 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
;DWQ;AsheviIle:.F..iles;
DWQ Central Files
James & James Environmental/ ORC
:7:15VVPtMcDoweitlWasieLvater;MinorstMr,Dowell Assisted living 75353tNOV-2010-MV-0023.03-22-10.doc
No thCarolina
1Natura!!y
North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, N.C. 28778 Phone[phone] Customer Service
Internet: www.newaterauality.org 4k FAX [phone]

PO BOX 1354, MOUNTAIN HOME, NC 28758
697-0065 FAX
PERFORMANCE ANNUAL REPORT — 2009
McDowell Assisted Living Ms. Linda Issacs Permit Number: NCO075353
System Description
An extended aeration basin with gravity flow influent into a 10,000 gallon treatment. facility,
clarifier, sludge holding tank, tablet feed chlorinator, chlorine contact chamber, tablet feed de' -chlorinator,
and effluent gravity line.
Performance
This system had one blower replaced and had both motors reworked. Otherwise there were no
other mechanical repairs completed.
Violations and convective actions taken
June - Fecal Coliform @ 440 colonies/100mis - increased the chlorine dosage
This report has been sent to the Owner with directions to give notification of the availability of this report
to each of their users. A certified statement will be sent to the State when this notice has been issued.
I certify under penalty of law that this report is complete and accurate to the best of my knowledge. I
further certify that this report has been made available to the users or customers of the named system and
that those users have been notified of its availability. I also certify that this report has been given to the
owner of this facility with explicit directions to make the user aware of the availability of this report and the
location with which a copy can be viewed or received. James & James Environmental Mgt., !Inc cannot
certify that the latter has been completed and will enclose a letter of certification to be mailed to the State
of North Carolina on behalf of this entity along with all pertinent information regarding this system for the
conclusion of this requirement.
Thank you,
-,��neJ
J ita James
James & James Environmental Management, Inc.
2/28/10
MAR 0 5 2010
N

MONITORING REPORT(MR) VIOLATIONS for:
ReportDate: 03/24/10 Page: 1 of 1
Permit; �NC0075353
MRs'Between: 12 2008 and:,,.,,12 2009 . ��Region ;°l
Violation'Category-,P/o
Program Category °la
of
.
ParaName County: !
Sbbum/
�
Volatlon.Action 'FacilityNamef
Major Minor.a n a
u
a -
PERMIT: NCO075353
FACILITY: McDowell Assisted Living LLC - McDowell Assisted Living
COUNTY: McDowell
REGION: Asheville
WWTP
Limit Violation
MONITORING OUTFALL / VIOLATION UNIT OF CALCULATED
REPORT PPI LOCATION PARAMETER DATE FREQUENCY MEASURE LIMIT VALUE % OVER LIMIT VIOLATION TYPE VIOLATION ACTION
06 -2009 001 Effluent Coliform, Fecal MF, M-FC 06/29/09 Weekly #/100ml 400 440 10 Daily Maximum Exceeded Proceed to NOV
Broth,44.5C
Monitoring Violation
MONITORING OUTFALL / VIOLATION UNIT OF CALCULATED
REPORT PPI LOCATION PARAMETER DATE FREQUENCY MEASURE LIMIT VALUE % OVER LIMIT VIOLATION TYPE VIOLATION ACTION
10 -2009 001 Effluent Chlorine, Total Residual 10/24/09 2 X week ug/l Frequency Violation Proceed to NOV

..AMA
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
'November 23, 2009
Ms. Linda Isaacs
McDowell Assisted Living, LLC
P.O. Box 909
Marion, N.C. 28752-0909
Subject:. Issuance of NPDES Permit NCO075353
McDowell Assisted Living WWTP
McDowell County
Dear Ms. Isaacs:
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
October 7, 2009.
If any parts, measurement frequencies or sampling requirements contained in this permit are
unacceptable to you, you have the right to an adjudicatory hearing upon written request within thirty (30)
days following receipt of this letter. This request must be in the form of a written petition, conforming to
Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings
(6714 Mail Service Center, Raleigh, North Carolina 27699-6714). Unless such demand is made, this
decision shall be final and binding.
Please note that this permit is not transferable except after notice to the Division. The Division may
require modification or revocation and reissuance of the permit. This permit does not affect the legal
requirements to obtain other permits which may be required by the Division of Water Quality or permits
required by the Division of Land Resources, the Coastal Area Management Act or any other Federal or Local
governmental permit that may be required. If you have any questions concerning this permit, please
contact Charles Weaver at telephone number [phone] or via e-mail [[e-mail]].
cc Central Files_ _ ____ _.
�ehevelle 'Regional Office/SurfaceiWa_ter�Protections`
NPDES Unit
1617 Mail Service Center, Raleigh, North Carolina 27699-1617
512 North Salisbury Street, Raleigh, North Carolina 27604
Phone: [phone] / FAX [phone] / Internet: www.ncwaterquality.org
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
DEC - 1 2009 (�
WATER QUALITY SECTION
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Permit NCO075353
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
PERMIT
TO DISCHARGE WASTEWATER UNDER THE
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
In compliance with the provision of North Carolina General Statute 143-215.1, other lawful
standards and regulations promulgated and adopted by the North Carolina Environmental
Management Commission, and the Federal Water Pollution Control Act, as amended,
Linda Isaacs
(McDowell Assisted Living, LLC)
is hereby authorized to discharge wastewater from a facility located at the
McDowell Assisted Living WWTP
NC Highway 226
Marion
McDowell County
to receiving waters designated as North Muddy Creek in the Catawba 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 January 1, 2010.
This permit and authorization to discharge shall expire at midnight on December 31, 2014.
Signed this day November 23, 2009
41
H. Sullins, Director
Division of Water Quality
By Authority of the Environmental Management Commission

Permit-NC0075353
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.
Linda Isaacs is hereby authorized to:
1. Continue to operate an existing 0.010 MGD wastewater treatment facility with
the following components:
♦ Extended aeration basin
♦ Clarifier
♦ Chlorination equipment
♦ Sludge digester
This facility is located off NC Highway 226 at McDowell Assisted Living,
southeast of Marion in McDowell County.
2. Discharge from said treatment works at the location specified on the attached
map into North Muddy Creek, classified C waters in Hydrologic Unit 03050101 of
the Catawba River Basin.

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Latitude: 35°3845" NCO075353
Longitude: 81°56'24°° McDowell Assisted Living
Stream Class: C WWTP
-Hydrologic-Unit Code: 03050101
Receiving Stream: North Muddy Creek .

4 I
Permit NC0075353
A.- (1.) EFFLUENT LIMITATIONS -AND MONITORING REQUIREMENTS
During the period beginning on the effective date of this permit and lasting until expiration, the Permittee is
authorized to discharge from outfall 001. Such discharges shall be limited and monitored by the Permittee as
specified below:
PARAMETER �§
LIMITS ' ` '
'MONITORING�REQUIREMENTSu
I tk ,y
, .
C\ k . 3
i 5� p '4.
ate `' '"4 ti: A .
S Y
r
Monthl y
Dai{/
Measurement
Samplettype
Location f
r
`CN: ' x .. x•
_y �4
tx ,11
yySample
A�►erage °
Ms'<
aximum
FCequeiicyhs
Flow
0.010 MGD
Weekly
Instantaneous
Influent or Effluent
BOD, 5-day (20°C)
30.0 mg/L
45.0 mg/L
Weekly
Grab
Effluent
Total Suspended Solids
30.0 mg/L
45.0 mg/L
Weekly
Grab
Effluent
NH3 as N
Weekly
Grab
Effluent
Fecal Coliform
200 / 100 ml
4001100 ml
Weekly
Grab
Effluent
(geometric mean
Total Residual Chlorine (TRC)
28 Ng/L
2/Week
Grab
Effluent
Temperature (°C)
Weekly
Grab
Effluent
OH
> 6.0 and < 9.0 standard units
Weekly
Grab
Effluent
Footnotes:
1. The Permittee shall report all effluent TRC values reported by a NC -certified laboratory [including
field -certified]. Effluent values below 50 µg/L will be treated as zero for compliance purposes.
There shall be no discharge of floating solids or visible foam in other than trace amounts.

1PDES Permit Standard Conditions
Page 1 of 18
PART II
STANDARD CONDITIONS FOR NPDES PERMITS
SectionA. 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.
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
coliforn-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 maybe 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
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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/ 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 ®vhere 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.
D& Dischar e
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)
D&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).
DM or "the Division"
The Division of Water Quality, Department of Environment and Natural Resources.
EMC
The North Carolina Environmental Management Commission.
EPA
The United States Environmental Protection Agency
Facility Closure
Cessation of all activities that require coverage under this NPDE S permit. Completion of facility closure will allow
this permit to be rescinded.
G eometric M can
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.
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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
Anysubstance designated under 40 CFR Part 116 pursuant to Section 311 of the CWA.
Instantaneous flow measurement
A measure of flow taken at the time of sampling, when both the sample and flow will be representative of the total
discharge.
Monthly Average (concentration limit)
The aritlunetic mean of all "daily discharges" of a pollutant measured during the calendar month. In the case of fecal
coliform, the geometric mean of such discharges.
Permit Issuing Authority
The Director of the Division of Water Quality.
Quarterly Average (concentration limit)
The average of all samples taken over a calendar quarter.
Severe property damage
Substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable,
or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a
bypass. Severe property damage excludes economic loss caused by delays in production.
Toxic Pollutant:
Any pollutant listed as toxic under Section 307(a)(1) of the CWA.
Upset
An incident beyond the reasonable control of the Permittee causing unintentional and temporary noncompliance with
permit effluent limitations and/or monitoring requirements. An upset does not include noncompliance caused by
operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive
maintenance, or careless or improper operation.
Weekly Average (concentration limit)
The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar week. In the case of fecal
coliform, the geometric mean of such discharges.
SectionB. Geneml Conditions
1. Duty to Comply
The Permittee must comply with all conditions of this permit. Any permit noncompliance constitutes a violation
of the CWA and is grounds for enforcement action; for permit termination, revocation and reissuance, or
modification; or denial of a permit renewal application [40 CFR 122.411.
a. The Permittee shall comply with effluent standards or prohibitions established under section 307(a) of the
CWA for toxic pollutants and with standards for sewage sludge use or disposal established under section
405(d) of the CWA within the time provided in the regulations that establish these standards or prohibitions
or standards for sewage sludge use or disposal, even if the permit has not yet been modified to incorporate
the requirement.
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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 tinder 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. 133 USC 1319 (d) and 40
CFR 122.41 (a) (2)]
c. The CWA provides that any person who md*flyviolates 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 tinder section 402 of
the Act, or any requirement imposed in a pretreatment program approved under section 402(a)(3) or
402(bX8) 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. 133 USC 1319 (c) (1) and 40 CFR 122.41 (a)
(2)]
d. Any person who kmirdy 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.
133 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 tender 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(cX3XBXiii) 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 5 143-215.6A]
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 tinder section 402 of this Act. Administrative penalties for Class I violations are
not to exceed $16,000 per violation, with the maximum amount of any Class I penalty assessed not to exceed
$37,500. Penalties for Class II violations are not to exceed $16,000 per day for each day during which the
violation continues, with the maximum amount of any Class II penalty not to exceed $177,500. [33 USC 1219
(g) (2) and 40 CFR 122.41 (a) (3)]
2. Duty to Miti agate
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 hLrnan health or the environment [40
CFR 122.41 (d)].
3. Civil and Criminal Liability
Except as provided in permit conditions on "Bypassing" (Part II. C. 4), "Upsets" (Part II. C. 5) and "Power
Failures" (Part II. C. 7), nothing in this permit shall be construed to relieve the Permittee from any
responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3, 143-215.6 or Section 309
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of the Federal Act, 33 USC 1319. Furthermore, the Permittee is responsible for consequential damages, such as
fish kills, even though the responsibility for effective compliance may be temporarily suspended..
4. Oil and Hazardous Substance Liability
Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the Permittee
from any responsibilities, liabilities, or penalties to which the Permittee is or may be subject to under NCGS 143-
215.75 et seq. or Section 311 of the Federal Act, 33 USG 1321. Furthermore, the Permittee is responsible for
consequential damages, such as fish kills, even though the responsibility for effective compliance may be
temporarily suspended.
5. Property Rights
The issuance of this permit does not convey any property rights in either real or personal property, or any
exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor
any infringement of Federal, State or local laws or regulations [40 CFR 122.41 (g)].
6. Onshore or Offshore Construction
This permit does not authorize or approve the construction of any onshore or offshore physical structures or
facilities or the undertaking of any work in any navigable waters.
7. Severability
The provisions of this permit are severable. If any provision of this permit, or the application of any provision of
this permit to any circumstances, is held invalid, the application of such provision to other circumstances, and the
remainder of this permit, shall not be affected thereby [NCGS 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.
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 Reauirements
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 stall 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
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term environmental compliance with environmental laws and regulations; the manager can ensure that
the necessary systems are established or actions taken to gather complete and accurate information for
permit application requirements; and where authority to sign documents has been assigned or delegated
to the manager in accordance with corporate procedures .
(2) For a partnership or sole proprietorship: by a general partner or the proprietor, respectively, or
(3) For a municipality, State, Federal, or other public agency: by either a principal executive officer or
ranking elected official [40 CFR 122.221.
b. All reports required by the permit and other information requested by the Permit Issuing Authority shall be
sided by a person described in paragraph a. above or by a dully authorized representative of that person. A
person is a dully 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
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 snake the
following certification [40 CFR 122.221. NO OTHER STATEMENTS OF CERTIFICATION WILL BE
ACCEPTED:
"/ certify, under penalty of law, that this document and all attachments were prepared under my direction or
supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate
the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons
directly responsible for gathering the information, the information submitted is, to the best of my knowledge and
belief, true, accurate, and complete. 1 am aware that there are significant penalties for submitting false information,
including the possibility of fines and imprisonment for knowing violations."
12. Permit Actions
This permit may be modified, revoked and reissued, or terminated for cause. The filing of a request by the
Permittee for a permit modification, revocation and reissuance, or termination, or a notification of planned
changes or anticipated noncompliance does not stay any permit condition [40 CFR 122.41 (f)] .
13. Permit Modification. Revocation and Reissuance, or Termination
The issuance of this permit does not prohibit the permit issuing authority from reopening and modifying the
permit, revoking and reissuing the permit, or terminating the permit as allowed by the laws, rules, and regulations
contained in Title 40, Code of Federal Regulations, Parts 122 and 123; Title 15A of the North Carolina
Administrative Code, Subchapter 2H.0100; and North Carolina General Statute 143-215.1 et. al.
14. Annual Administering and Compliance Monitoring Fee Requirements
The Permittee must pay the annual administering and compliance monitoring fee within thirty days after being
billed by the Division. Failure to pay the fee in a timely manner in accordance with 15A NCAC 2H.0105 (b) (2)
may cause this Division to initiate action to revoke the permit.
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Section C. Operation and M airrtenaz�e 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 -tip ORCs who possess a currently valid certificate of the
type of the system. Back-up ORCs must possess a grade equal to (or no more than one grade less than) the grade
of the system [15A NCAC 8G.02011.
The ORC of each Class I facility must:
➢ Visit the facility as often as is necessary to insure proper operation of the treatment system; the treatment
facility must be visited at least weekly
➢ Complywith all other conditions of 15A NCAC 8G.0204.
The ORC of each Class II, III and IV facility must:
➢ Visit the facility as often as is necessary to insure proper operation of the treatment system; the treatment
facility must be visited at least five days per week, excluding holidays
➢ Properly manage and document daily operation and maintenance of the facility
➢ Complywith all other conditions of 15A NCAC 8G.0204.
Once the facility is classified, the Permittee shall submit a letter to the Certification Commission designating the
operator in responsible charge:
a. Within 60 calendar days prior to wastewater being introduced into a new system
b. Within 120 calendar days of:
➢ Receiving notification of a change in the classification of the system requiring the designation of a
new ORC and back-up ORC
➢ A vacancy in the position of ORC or back-up ORC.
2. Proper Operation and Maintenance
The Permittee shall at all times provide the operation and maintenance resources necessary to operate the existing
facilities at optimum efficiency. The Permittee shall at all times properly operate and maintain all facilities and
systems of treatment and control (and related appurtenances) which are installed or used by the Permittee to
achieve compliance with the conditions of this permit. Proper operation and maintenance also includes adequate
laboratory controls and appropriate quality assurance procedures. This provision requires the Permittee to install
and operate backup or auxiliary facilities only when necessary to achieve compliance with the conditions of the
permit [40 CFR 122.41 (e)].
NOTE: Properly and officially designated operators are fully responsible for all proper operation and
maintenance of the facility, and all documentation required thereof, whether acting as a contract operator
[subcontractor] or a member of the Permittee's staff.
3. Need to Halt or Reduce not a Defense
It shall not be a defense for a Permittee in an enforcement action that it would have been necessary to halt or
reduce the permitted activity in order to maintain compliance with the condition of this permit [40 CFR 122.41
(c)].
4. Bypassing of Treatment Facilities
a. Bypass not exceeding limitations [40 CFR 122.41 (m) (2)]
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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
I I . E . 6. (24-hour notice).
c. Prohibition of Bypass
0) 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. Unsets
a. Effect of an upset [40 CFR 122.41 (n) (2)1: An upset constitutes an affirmative defense to an action
brought for noncompliance with such technology based permit effluent limitations if the requirements of
paragraph b. of this condition are met. No determination made during administrative review of claims that
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)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 N CGS 143-215.1 and in a manner such as to prevent any pollutant
from such materials from entering waters of the State or navigable waters of the United States. The Permittee
shall comply with all existing Federal regulations governing the disposal of sewage sludge. Upon promulgation of
40 CFR Part 503, any permit issued by the Permit Issuing Authority for the utilization/ disposal of sludge may be
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reopened and modified, or revoked and reissued, to incorporate applicable requirements at 40 CFR 503. The
Permttee shall comply with applicable 40 CFR 503 Standards for the Use and Disposal of Sewage Sludge (when
promulgated) within the time provided in the regulation, even if the permit is not modified to incorporate the
requirement. The Permittee shall notify the Permit Issuing Authority of any significant change in its sludge use
or disposal practices.
7. Power Failures
The Permittee is responsible for maintaining adequate safeguards (as required by 15A NCAC 2H.0124) to prevent
the discharge of untreated or inadequately treated wastes during electrical power failures either by means of
alternate power sources, standby generators or retention of inadequately treated effluent.
SectionD. Monitoring and Records
1. Representative Sampling
Samples collected and measurements taken, as required herein, shall be characteristic of the volume and nature of
the permitted. discharge. Samples collected at a frequency less than daily shall be taken on a day and time that is
characteristic of the discharge over the entire period the sample represents. All samples shall be taken at the
monitoring points specified in this permit and, unless otherwise specified, before the effluent joins or is diluted
by any other wastestream, body of water, or substance. Monitoring points shall not be changed without
notification to and the approval of the Permit Issuing Authority [40 CFR 122.41(j)].
2. Reporting
Monitoring results obtained during the previous month(s) shall be summarized for each month and reported on a
.monthly Discharge Monitoring Report (DMR) Form (MR 1, 1.1, 2, 3) or alternative forms approved by the
Director, postmarked no later than the last calendar day of the month following the completed reporting period.
The first DMR is due on the last day of the month following the issuance of the permit or in the case of a new
facility, on the last day of the month following the commencement of discharge. Duplicate signed copies of
these, and all other reports required herein, shall be submitted to the following address:
NC DENR / Division of Water Quality/ Water Quality Section
ATTENTION: Central Files
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
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 time discharge rates throughout the range of expected discharge
volumes. Flow measurement devices shall be accurately calibratedd 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://1-2o.enr.state.nc.us/lab/cert.htm) for information
regarding laboratory certifications.
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Personnel conducting testing of field -certified parameters must hold the appropriate field parameter
certifications.
Test procedures for the analysis of pollutants shall conform to the EMC regulations (published pursuant to
NCGS 143-215.63 et. seq.), the Water and Air Quality Reporting Acts, and to regulations published pursuant to
Section 304(g), 33 USC 1314, of the CWA (as amended), and 40 CFR 136; or in the case of sludge use or disposal,
approved under 40 CFR 136, -unless otherwise specified in 40 CFR 503, -unless other test procedures have been
specified in this permit [40 CFR 122.411.
To meet the intent of the monitoring required by this permit, all test procedures must produce minimum
detection and reporting levels that are below the permit discharge requirements and all data generated must be
reported down to the minimum detection or lower reporting level of the procedure. If no approved methods are
determined capable of achieving minimurn detection and reporting levels below permit discharge requirements,
then the most sensitive (method with the lowest possible detection and reporting level) approved method must
be used.
5. Penalties for Tampering
The CWA provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any monitoring
device or method required to be maintained under this permit shall, upon conviction, be punished by a fine of
not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both.
If a conviction of a person is for a violation committed after a first conviction of such person tinder 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 122.411.
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 Permittee shall retain records of all monitoring information, including:
➢ all calibration and maintenance records
➢ all original strip chart recordings for continuous monitoring instnunentation
➢ copies of all reports required by this permit
➢ copies of all data used to complete the application for this permit
These records or copies shall be maintained for a period of at least 3 years from the date of the sample,
measurement, report or application. This period may be extended by request of the Director at any time [40 CFR
122.411.
7. Recordin Results
esults
For each measurement or sample taken pursuant to the requirements of this permit, the Permittee shall record
the following information [40 CFR 122.411:
a. The date, exact place, and time of sampling or measurements;
b. The individual(s) who performed the sampling or measurements;
c. The date(s) analyses were performed;
d. The individual(s) who performed the analyses;
e. The analytical tecluniques 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
bylaw, 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;
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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 Re gdLng Reciuireinents
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 Chances
The Permittee shall give notice to the Director as soon as possible of any planned physical alterations or
additions to the permitted facility [40 CFR 122.41 (1)]. Notice is required only when:
a. The alteration or addition to a permitted facility may meet one of the criteria for new sources at 40 CFR
122.29 (b); or
b. The alteration or addition could significantly change the nature or increase the quantity of pollutants
discharged. This notification applies to pollutants subject neither to effluent limitations in the permit, nor to
notification requirements under 40 CFR 122.42 (a) (1).
c. The alteration or addition results in a significant change in the Permittee's sludge use or disposal practices,
and such alteration, addition or change may justify the application of permit conditions that are different
from or: absent in the existing permit, including notification of additional use or disposal sites not reported
during the permit application process or not reported pursuant to an approved land application plan.
3. Anticipated Noncompliance
The Permittee shall give advance notice to the Director of any planned changes to the permitted facility or other
activities that might result in noncompliance with the permit [40 CFR 122.410) (2)].
4. Transfers
This permit is not transferable to any person without approval from the Director. The Director may require
modification or revocation and reissuance of the permit to docunnent the change of ownership. Any such action
may incorporate other requirements as may be necessary under the CWA [40 CFR 122.410) (3)].
5. Monitoring Reports
Monitoring results shall be reported at the intervals specified elsewhere in this permit [40 CFR 122.41 (1) (4)].
a. Monitoring results must be reported on a Discharge Monitoring Report (DMR) (See Part II. D. 2) or forms
provided by the Director for reporting results of monitoring of sludge use or disposal practices.
b. If the Permittee monitors any pollutant more frequently than required by this permit, the results of such
monitoring shall be included in the calculation and reporting of the data submitted on the DMR.
6. Twenty-four Hour Reporting
a. The Permittee shall report to the Director or the appropriate Regional Office any noncompliance that
potentially threatens public health or the environment. Any information shall be provided orally within 24
hours from the time the Permittee became aware of the circumstances. - A written submission shall also be
provided within 5 days of the time the Permittee becomes aware of the circumstances. The written
submission shall contain a description of the noncompliance, and its cause, the period of noncompliance,
including exact dates and times, and if the noncompliance has not been corrected, the anticipated time it is
expected to continue, and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the
noncompliance [40 CFR 122.410) (6)].
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b. The Director may waive the written report on a case -by -case basis for reports Linder 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 [phone],.[phone] or [phone].
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 122.410) (8)].
9. N oncompliance 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 skidge
digester; the known passage of a slug of hazardous substance through the facility; or any other unusual
circumstances.
b. Any process unit failure, due to known or unknown reasons, that render the facility incapable of adequate
wastewater treatment such as mechanical or electrical failures of pumps, aerators, compressors, etc.
c. Any failure of a pumping station, sewer line, or treatment facility resulting in a by-pass without treatment of
all or any portion of the influent to such station or facility.
Persons reporting such occurrences by telephone shall also file a written report within 5 days following first
knowledge of the occurrence.
10. Availability of Reports
Except for data determined to be confidential under NCGS 143-215.3 (a)(2) or Section 308 of the Federal Act, 33
USC 1318, all reports prepared in accordance with the terms shall be available for public inspection at the offices,
of the Division. As required by the Act, effluent data shall not be considered confidential. Knowingly making
any false statement on any such report may result in the imposition of criminal penalties as provided for in
NCGS 143-215.1(b)(2) or in Section 309 of the Federal Act.
11. Penalties for Falsification of Reports
The CWA provides that any person who knowingly makes any false statement, representation, or certification in
any record or other document submitted or required to be maintained under tNs permit, including monitoring
reports or reports of compliance or noncompliance shall, upon conviction, be punished by a fine of not more
than $25,000 per violation, or by imprisonment for not more than two years per violation, or by both [40 CFR
122.411.
12. Annual Performance Reports
Permittees who own or operate facilities that 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.
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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 / DWQ / Central Files
1617 Mail Service Center
Raleigh, NC 27699-1617
PART III
OTHER REQUIREMENTS
SectionA. Construction
The Permittee shall not commence construction of wastewater treatment facilities, nor add to the plant's treatment
capacity, nor change the treatment process(es) utilized at the treatment plant unless the Division has issued. an
Authorization to Construct (AtC) permit. Issuance of an AtC will not occur untIl Final Plans and Specifications for
the proposed construction have been submitted by the Permittee and approved by the Division.
Section& Ground" terMooitoring
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. Comes in Di --Mes of To, c Substances
The Permittee shall notify the Permit Issuing Authority as soon as it knows or has reason to believe (40 CFR 122.42):
a. That any activity has occurred or will occur which would result in the discharge, on a routine or frequent
basis, of any toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the
following "notification levels";
0) One hundred micrograms per liter 000 pg/L);
(2) Two hundred micrograms per liter (200 pg/L) for acrolein and acrylonitrile; five hundred micrograms
per liter (500 pg/L) for 2.4-dinitrophenol and for 2-methyl-4.6-dinitrophenol; and one milligram per liter
0 mg/L) for antimony;
(3) Five times the maximum concentration value reported for that pollutant in the permit application.
b. That any activity has occurred or will occur which would result in any discharge, on a non -routine or
infrequent basis, of a toxic pollutant which is not limited in the permit, if that discharge will exceed the
highest of the following "notification levels";
0) Five hundred micrograms per liter (500 pg/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.
SectionD. Evaluation of Wastewater DiKIpMeAlternatives
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 NPDE S 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 Recluiremetrts
The Permittee must notify the Division at least 90 days prior to the closure of any wastewater treatment system
covered by this permit. The Division may require specific measures during deactivation of the system to prevent
adverse impacts to waters of the State. This permit cannot be rescinded while any activities requiring this permit
continue at the permitted facility.
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PART IV
SPECIAL CONDITIONS FOR MUNICIPAL FACILITIES
SectionA. Def"tions
In addition to the definitions in Part II of this permit, the following definitions apply to municipal facilities:
Indirect Discharge or Industrial User
Any non -domestic source that discharges wastewater containing pollutants into a POTW regulated under section
307(b), (c) or (d) of the CWA. [40 CFR 403.3 (b) (i) and (j)]
Interference
Inhibition or disruption of the POTW treatment processes; operations; or its sludge process, use, or disposal which
causes or contributes to a violation of any requirement of the POTWs NPDE S Permit or prevents sewage sludge use
or disposal in compliance with specified applicable State and Federal statutes, regulations, or permits.' [15A NCAC
2H.0903 (b) (13)]
Pass Through
A discharge which exits the POTW into waters of the State in quantities or concentrations which, alone or with
discharges from other sources, causes a violation, including an increase in the magnitude or duration of a violation, of
the POTWs NPDES permit, or of an instream water quality standard. [15A NCAC 21-1.0903 (b) (23)]
Publicly Owned Treatment Works (POTW)
A treatment works as defined by Section 212 of the CWA, owned by a State or local government entity. This
definition includes any devices and systems used in the storage, treatment, recycling and reclamation of municipal
sewage or industrial wastes of a liquid nature. It also includes sewers, pipes, and other conveyances only if they
convey wastewater to a POTW. The term also means the local government entity, or municipality, as defined in
section 502(4) of the CWA, which has jurisdiction over indirect discharges to and the discharges from such a
treatment works. [15A NCAC 2H.0903 (b) (27)]
"Significant Industrial User" or "SIU"
An industrial user that discharges wastewater into a publicly owned treatment works and that [15A NCAC 21-1.0903
(b) (34)1:
(a) discharges an average of 25,000 gallons or more per day of process wastewater to the POTW (excluding
sanitary, noncontact cooling and boiler blowdown wastewaters) or;
(b) contributes more than 5 percent of the design flow of the POTW treatment plant or more than 5 percent of
the maximum allowable headworks loading of the POTW treatment plant for any pollutant of concern, or;
(c) is required to meet a national categorical pretreatment standard, or;
(d) is, regardless of Parts (a), (b), and (c) of this definition, otherwise determined by the POTW, the Division, or
the EPA to have a reasonable potential for adversely affecting the POTWs operation or for violating any
pretreatment standard or requirement or POTWs receiving stream standard, or to limit the POTWs sludge
disposal options.
Section& Plb ciyOwned Trm tnert Works (POTWs)
All POTWs are required to prevent the introduction of pollutants into the POTW which will interfere with the
operation of the POTW, including interference with its use or disposal of municipal sludge, or pass through the
treatment works or otherwise be incompatible with such treatment works. [40 CFR 403.21
All POTWs must provide adequate notice to the Director of the following [40 CFR 122.42 (b)]:
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1. Any new introduction of pollutants into the POTW from an indirect discharger, including pump and
hauled waste, which would be subject to section 301 or 306 of CWA if it were directly discharging those
pollutants; and
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. Mmdcipal 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 mLuicipal system may be present in the Permittee's discharge. At such time as sufficient information
becomes available to establish limitations for such pollutants, this permit may be revised to specify effluent
limitations for any or all of such other pollutants in accordance with best practicable technology or water
quality standards.
2. Prohibited Discharges
a. Under no circun-istances shall the Permiacc allow introduction of pollutants or discharges into the waste
treatment system or waste collection system which cause or contribute to Pass Through or Interference
as defined in 15A NCAC 2H.0900 and 40 CFR 403. [40 CFR 403.5 (a) (1)]
b. Under no circumstances shall the Permittee allow introduction of the following wastes in the waste
treatment or waste collection system [40 CFR 403.5 (b)]:
1. Pollutants which create a fire or explosion Hazard in the POTW, including, but not limited to,
wastestreams with a closed cup flashpoint of less than 140 degrees Fahrenheit or 60 degrees
Centigrade using the test methods specified in 40 CFR 261.21;
2. Pollutants which cause corrosive structural damage to the POTW, but in no case discharges with
pH lower than 5.0, unless the works is specifically designed to accommodate such discharges;
3. Solid or viscous pollutants in amounts which cause obstruction to the flow in the POTW resulting
in Interference,
4. Any pollutant, including oxygen demanding pollutants (BOD, etc.) released in a Discharge at a
flow rate and/or pollutant concentration which will cause Interference with the POTW;
5. Heat in amounts which will may inhibit biological activity in the POTW resulting in Interference,
but in no case heat in such quantities that the temperature at the POTW Treatment Plant exceeds
40°C (104°F) unless the Division, upon request of the POTW, approves alternate temperature
limits;
6. Petroleum oil, nonbiodegradable cutting oil, or products of mineral oil origin in amounts that will
cause interference or pass through;
7. Pollutants which result in the presence of toxic gases, vapors, or fumes within the POTW in a
quantity that may cause acute worker health and safety problems;
8. Any trucked or hauled pollutants, except at discharge points designated bythe POTW.
C. The Permittee shall investigate the source of all discharges into the WWTP, including slug loads and
other unusual discharges, which have the potential to adversely impact the permittee's Pretreatment .
Program and/or the operation of the WWTP.
The Permittee shall report such discharges into the WWTP to the Director or the appropriate Regional
Office. Any information shall be provided orally within 24 hours from the time the Permittee became
aware of the circumstances. A written submission shall also be provided within 5 days of the time the
Permittee becomes aware of the circumstances. The written submission shall contain a description of
the discharge, the investigation into possible sources; the period of the discharge, including exact dates
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and times; and if the discharge has not ceased, the anticipated time it is expected to continue; and steps
taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance,
3. With regard to the effluent requirements listed in Part I of this permit, it may be necessary for the Permittee to
supplement the requirements of the Federal Pretreatment Standards (40 CFR, Part 403) to ensure compliance
by the Permittee with all applicable effluent limitations. Such actions by the Permittee maybe necessary
regarding some or all of the industries discharging to the municipal system.
4. The Permittee shall require any industrial discharger sending its effluent to the permitted system to meet
Federal Pretreatment Standards promulgated in response to Section 307(b) of the Act as amended (which
includes categorical standards and locally derived limits and narrative requirements). Prior to accepting
wastewater from any significant industrial user, the Permittee shall either develop and submit to the Division a
new Pretreatment Program or a modification of an existing Pretreatment Program, for approval as required
under section D below as well as 15A NCAC 2H.0907 (a) and (b). [40 CFR 122.44 (j) (2)]
5. This permit shall be modified, or alternatively, revoked and reissued, to incorporate or modify an approved
POTW Pretreatment Program or to include a compliance schedule for the development of a POTW
Pretreatment Program as required under Section 402 (b) (8) of the CWA and implementing regulations or by
the requirements of the approved State pretreatment program, as appropriate.
Secdon D. Pnetreatrner t Pmgran�
Under authority of sections 307 (b) and (c) and 402 (b) (8) of the CWA and implementing regulations 40 CFR 403,
North Carolina General Statute 143-215.3 (14) and implementing regulations 15A NCAC 2H.0900, and in accordance
with the approved pretreatment program, all provisions and regulations contained and referenced in the Pretreatment
Program Submittal are an enforceable part of this permit. [40 CFR 122.44 Q (2)]
The Permittee shall operate its approved pretreatment program in accordance with Section 402 (b) (8) of the CWA,
40 CFR 403, 15A NCAC 2H.0900, and the legal authorities, policies, procedures, and financial provisions contained
in its pretreatment program submission and Division approved modifications thereof. Such operation shall include
but is not limited to the implementation of the following conditions and requirements. Terms not defined in Part II
or Part IV of this permit are as defined in 15A NCAC 2H.0903 and 40 CFR 403.3.
Sewer Use Ordinance (SUO)
The Permittee shall maintain adequate legal authority to implement its approved pretreatment program. 115A
NCAC 2H.0905 and .0906; 40 CFR 403.8 (0 (1) and 403.9 (1), (2)]
2. Industrial Waste Survey (IWS)
The permittee shall implement an IWS consisting of the survey of users of the POTW, as required by 40 CFR
403.8 (f) (2) (i-iii) and 15A NCAC 2H.0905 [also 40 CFR 122.44 Q (1)], including identification of all industrial
users and the character and amount of pollutants contributed to the POTW by these industrial users and
identification of those industrial users meeting the definition of SIU. The Permittee shall submit a summary of
its IWS activities to the Division at least once every five years, and as required by the Division. The IWS
submission shall include a summary of any investigations conducted under paragraph B, 2, c, of this Part.
3. Monitoring Plan
The Permittee shall implement a Division -approved Monitoring Plan for the collection of facility specific data
to be used in a wastewater treatment plant Headworks Analysis (HWA) for the development of specific
pretreatment local [units. Effluent data from the Plan shall be reported on the DMRs (as required by Part II,
Section D, and Section E.S.). [15A NCAC 2H.0906 (b) (2) and .09051
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
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updated HWA or documentation of why one is not needed) [40 CFR 122.441. The Permittee shall develop, in
accordance with 40 CFR 403.5 (c) and 15A N CAC 2H.0909, specific L ocal L imits to implement the
prohibitions listed in 40 CFR 403.5 (a) and (b) and 15A NCAC 2H.0909.
5. Industrial User Pretreatment Permits (IUP) & Allocation Tables
In accordance with NCGS 143-215.1, the Permittee shall issue to all significant industrial users, permits for
operation of pretreatment equipment and discharge to the Permittee's treatment works. These permits shall
contain limitations, sampling protocols, reporting requirements, appropriate standard and special conditions,
and compliance schedules as necessary for the installation of treatment and control technologies to assure that
their wastewater discharge will meet all applicable pretreatment standards and requirements. The Permittee
shall maintain a current Allocation Table (AT) which summarizes the results of the HWA and the limits from
all IUPs. Permitted IUP loadings for each parameter cannot exceed the treatment capacity of the POTW as
determined by the HWA. [15A NCAC 21-1.0909, .0916, and .0917; 40 CFR 403.5, 403.8 (f) (1) (iii); NCGS 143-
215.67 (a)]
6. Authorization to Construct WC)
The Permittee shall ensure that an Authorization to Construct permit (AtQ is issued to all applicable industrial
users for the construction or modification of any pretreatment facility. Prior to the issuance of an AtC, the
proposed pretreatment facility and treatment process must be evaluated for its capacity to comply with all
Industrial User Pretreatment Permit (IUP) limitations. [15A NCAC 2H.0906 (b) (6) and .0905; NCGS 143-
215.1 (a) (8)]
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. [15A NCAC 2H.0908 (d); 40 CFR 403.8 (f) (2) (v)] The
Permittee must:
a. Inspect all SIUs at least once per calendar year; and
b. Sample all 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. For the purposes of this
paragraph, "organic compounds" means the types of compounds listed in 40 CFR 136.3 (a), Tables 1C,
ID, and IF, as amended.
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. [15A NCAC 2H.0906 (b) (4) and .0905; 40 CFR 403.8 (f) (1) (v) and (2) (iii); 40 CFR
122.44 0) (2)]
9. Enforcement Response Plan (E RP
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 2H.0909, and specific local limitations. All
enforcement actions shall be consistent with the E nforcement Response Plan (E RP) approved by the Division.
[15A NCAC 2H.0906 (b) (7) and .0905; 40 CFR 403.8 (f) (5)]
10. Pretreatment Annual Reports (PAR)
The Permittee shall report to the Division in accordance with 15A NCAC 2H.0908. In lieu of submitting
annual reports, Modified Pretreatment Programs developed under 15A NCAC 21-1.0904 (b) maybe required to
submit a partial annual report or to meet with Division personnel periodically to discuss enforcement of
pretreatment requirements and other pretreatment implementation issues.
Version 512009

)ES Permit Standard Conditions.
Page 18 of 18
For all other active pretreatment programs, the Permittee shall submit two copies of a Pretreatment Annual
Report (PAR) describing its pretreatment activities over the previous twelve months to the Division at the
following address:
NC DENR / DWQ / Pretreatment, E mergency Response, and Collection Systems Unit (PERCS)
1617 Mail Service Center
Raleigh, NC 27699-1617
These reports shall be submitted according to a schedule established by the Director and shall contain the
following:
a.) Narrative
A brief discussion of reasons for, status of, and actions taken for all SIUs in Significant Non -Compliance
(SNC);
b.) Pretreatment Progam SLunmary (PPS)
A pretreatment program s-ummary (PPS) on specific forms approved by the Division;
c.) Significant Non -Compliance Report (SNCR)
The nature of the violations and the actions taken or proposed to correct the violations on specific forms
approved by the Division;
d.) Industrial Data Surnmary Forms (IDSF)
Monitoring data from samples collected by both the POTW and the 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 POTWs allocation table, new or modified enforcement compliance schedules, public
notice of SIOs 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 SIUs that were in SNC as defined in the Permitteds Division -
approved Sewer Use Ordinance with applicable pretreatment requirements and standards during the previous
tvdelve month period. This list shall be published within four months of the applicable twelve-month period.
f 15A NCAC 2H.0903 (b) (35), .0908 (b) (5) and .0905 and 40 CFR 403.8 (0 (2) (vii)]
12. Record Keeping
The Permittee shall retain for a minirn un of three years records of monitoring activities and results, along with
support information including general records, water quality records, and records of industrial impact on the
POTW. [15A NCAC 2H.0908 (f); 40 CFR 403.12 (o)]
13. Funding and Financial Report
The Permittee shall maintain adequate funding and staffing levels to accomplish the objectives of its approved
pretreatment program. [15A NCAC 2H.0906 (a) and .0905; 40 CFR 403.8 (f) (3),403.9 (b) (3)]
14. Modification to Pretreatment Programs
Modifications to the approved pretreatment program including but not limited to local limits modifications,
POTW monitoring of their 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 512009

MCDENR
North Carolina Department of Environment and'Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
October 20, 2009
Ms. Linda Issacs
McDowell Assisted Living LLC
P.O. Box 909
Marion, North Carolina 28752
Subject: NOTICE OF VIOLATION
NOV-2009-LV-0458
Permit No. NCO075353
McDowell Assisted Living WWTP
McDowell County
Dear Ms. Issacs:
Dee Freeman
Secretary
A review of McDowell Assisted Living WWTP's monitoring report for June 2009 showed the following
violation:
Parameter
Date
Limit Value
Reported Value
Limit Type
Coliform, Fecal MF, M-FC
Broth,44.5C
06/29/09
400 #/100ml
440 #/100ml
Daily Maximum
Exceeded
Remedial actions, if not already implemented, should be taken to correct any problem. Since the comments
section on the reverse of the relevant DMR provided an adequate explanation for the subject violation, it is not requested
that a response be submitted: however, should you have additional information concerning the violations or comments
which you wish to present, please submit them to the attention of Janet Cantwell.
The Division of Water Quality may pursue enforcement actions for this and any additional violations of State law.
If you should have any questions, please do not hesitate to contact Janet Cantwell at 828/296-4500.
Sincerely,
iJ
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
cv WQ Ashes ll.e FrLes:-
DWQ Central Files
James & James Environmental/ ORC
le
G:\V%IPDA,TA\DF_PAWO1Mcdowelli75353 McDowell Assisted Livino AiIhCarohna
-- �aiirr�rll�
North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, N.C. 28778 Phone[phone] Customer Service
Internet: www.ncwaterouality.org FAX [phone]

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
August 10, 2009
LINDA ISAACS
OWNER
MCDOWELL ASSISTED LIVING LLC
PO BOX 909
MARION NC 28752
Subject: Receipt of permit renewal application
NPDES Permit NCO075353
McDowell Assisted Living WWI?
McDowell County
Dear Ms. Isaacs:
The NPDES Unit acknowledges receipt of the permit renewal application for the above facility on August
3, 2009; however, on initial review it was noted that the required Sludge Management Plan was not included in the
submitted paperwork. Please submit to this unit a Sludge Management Plan. For your convenience, we can accept
a faxed copy at [phone] or you can mail it attention to me at the mail service center address listed below.
Upon receipt, a member of the NPDES Unit will further review your application and will contact you if additional
information is required.
If you have any additional questions concerning renewal of the subject permit, please contact Tom Belnick
at [phone].
Sincerely,
L�� Jjo'-U�
Dina Sprinkle
Point Source Branch
cc: CENTRAL FILES
71ViNevff& g on _P'(! e/Surface Water Protection
NPDES Unit
1617 Mail Service Center, Raleigh, North Carolina 27699-1617
Location: 512 N. Salisbury St. Raleigh, North Carolina 27604
Phone: [phone] FAX: [phone] Customer Service: 1-877-623-6748
Internet: www.ncwaterquality.org
An Equal Opportunity 1 Affirmative Action Employer
� LD�I�G���
AUG ! 2 2009 i
WATER QUALITY SECTION
ASHEVILLE PEGION,= L OFFICE
NorthCarohna
NatirraAll

KPDES APPLICATION - FORM L
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 NC00
If you are completing this form in computer use the TAB key or the up - down arrows to -moue from. one
field to the next. To check the boxes, click your mouse on top of the box. Otherwise, please print or type.
1. - Contact Information:
Owner Name
Facility Name
Mailing Address
City
State / Zip Code
Telephone Number
Fax Number
e-mail Address
iY1 we.Liv t �LILT.
Asscs+e4 L(Vthq
0 'E� I v9
m0.vi e i�
_2. Location of facility producing discharge: A�JG 1 2 2009
Check here if same address as above ❑
Street Address or State Road �J II WATER DUAL IT (SECTION }
A �' d� Q� Lt} Y1-�n ��c�', jJiLLE REGIONAL OFFICE
city...
State / Zip Code
County Yn c- > G to e l r
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 ORCC) I
Name ISM 1) in�+.
Mailing Address D s O-X
City 0 (� h % Y► yri e.
State / Zip Code A) C- �)g
Telephone Number (p�)
Fax Number (gr� L�/) �� `� - 0 b G 5AUG —3-20u9
91
DENR - WATER OUALITY
POINT SOURCE BRANCH
1 of 3 Form-D 1/06

11TPDES APPLICATION . FORM ,.,
For privately owned treatment systems treating 100% domestic wastewaters <1.0 MGD
4. Description of wastewater:
Facility Generating Wastewater(check all that applyr
Industrial ❑ Number of Employees Q
Commercial Number of Employees
Residential Number of Homes.
School ❑ Number of Students/Staff
Other ❑ Explain:
Describe the source(s).of wastewater (example: subdivision, mobile home park, shopping centers,
restaurants, etc.):
Population served:
5. Type of collection system
Separate (sanitary sewer only) ❑ Combined (storm sewer and sanitary sewer)
6. Outfall Information: .
Number of separate discharge points
Outfall Identification number(s) ®�
Is the outfall equipped with a diffuser? ❑ Yes No
7. Name of receiving stream(s) (Provide a map showing the exact location of each outfallr
rnkdc+rl LYe•eL in C i'� 1ZVey pr' n
8. Frequency of Discharge: >( Continuous ❑ Intermittent
If intermittent:
Days. per week discharge occurs: Duration:
9. Describe the treatment system
List all installed components, including capacity, provide design removal for BOD, TSS, nitrogen and
phosphorus. If the space provided is not sufficient, attach the description of the treatment system in a
separate sheet of paper.
0 1 O MG-D �Q I���i ieW ::t� ��Cf2v�c�e�d Ci2Y2-11'1ah hLFts► r�
h�Ot'1 n O►� k-i(�rn ki+� 5
2 of 3 Form-D 1106

` .1PDES APPLICATION - FORM'
For privately owned treatment systems treating 100% domestic wastewaters <1.0 MGD
10. Flow Information:
Treatment Plant Design flow ©- 0 MGD
Annual Average daily flow 0-bo'Zk- MGD (for the previous 3-years)
Maximum daily flow ©, D 0.3 MGD (for the previous 3-years)
11. Is this facility located on Indian country?
❑ Yes = No
12. Effluent Data
Provide data for the parameters listed. Fecal Coliform, Temperature and pH shall be grab samples, for all other
parameters 24-hour composite sampling shall be used. Effluent testing data must be based on at least three samples
and must be no more than four and one half years old.
Parameter
Daily
Maximum
-Monthly
Average
Units of
Measurement
Number of -
Samples
Biochemical Oxygen Demand
Fecal Coliform
Li
C�� Uin
Total Suspended Solids
j. ! ,-°�
) , 3
G L.''
(Summer)
LtTemperature
Temperature (Winter)
) `j , Q
j3,
pH
13. List all permits, construction approvals and/or applications:
Type Permit Number Type
Hazardous Waste (RCRA) NESHAPS (CAA)
UIC (SDWA) Ocean Dumping (MPRSA)
NPDES %l/L 60 rJ5 31E�S Dredge or fill (Section 404 or CWA)
PSD (CAA) Special Order of Consent (SOC),
Non -attainment program (CAA) Other
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.
V
jted name of Person Signing
Unc� scc�-�
Title
Signature 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 .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.)
3 of 3 Form-D 1/06

'le.�ant$i11;R'.L�rn�• - r' ' �`' ��.�' r � r=�/ -•� - I `��.� {/ ...`• J i �
we rW
0 3Vit
>�
00
���_- — off® � "%: sa' \ ` \ 4 �. i'i• � _ u /� ��� � � `1•�-
_ a� �• zee �'_' �o �. �. W.
`� `ice' `�/� • !\ <�\
!' state P r _' i ���-�� r - - �` - •�::/: = . 1\ ! \' // - \ \,'�
% ','• •Rocky VasslZ84�,� '
I
48
-173 ei -s I !��� -�� • A-ka• P.J.
-- 5 � - � _ ! J• 129� ,/.Pow _ '-' _ - — __ .- '�,. lei/,�� i.
Ip
lg�d' �e � // /, 271 6LEN�Oi30 _ ` _ > � .^�•' //�'•. ID/ '";'
Latitude: 35138'45"
Longi tulle: - 81056'24"
Quad # E1,1NW
Stream Class: C
Subbasin: 30830
Receiving Stream: North Muddy Creek
NCO075353
Rocky Pass Adult Care
r
Facility '
y3 "pti
Location:;:::::
Aber* SCALE 1:24000

a
JAMES & JAMES ENVIRONMENTAL MANAGEMENT, INC-
PO BOX 1354, MOUNTAIN HOME, NC 28758
[phone] OFFICE
[phone] FAX
VAR - 6 2009
PERFORMANCE ANNUAL REPORT - 2008
'FFICE
McDowell Assisted Living Ms. Linda Issacs Permit Number: ZY,0903%5 3"
System Description
An extended aeration basin with gravity flow influent into a 10,000 gallon treatment facility,
clarifier, sludge holding tank, tablet feed chlorinator, chlorine contact chamber, tablet feed de -chlorinator,
and effluent gravity line.
Performance for 2008
This system had no mechanical failures this year. There were no violations. This system operated
very well in 2008.
Violations for 2008 and corrective actions taken
None
This report has been sent to the Owner with directions to give notification of the availability of this report
to each of their users. A certified statement will be sent to the State when this notice has been issued.
I certify under penalty of law that this report is complete and accurate to the best of my knowledge. I
further certify that this report has been made available to the users or customers of the named system and
that those users have been notified of its availability. I also certify that this report has been given to the
owner of this. facility with explicit directions to make the user aware of the availability of this report and the
location with which a copy can be viewed or received. James & James Environmental Mgt., Inc cannot
certify that the latter has been completed and will enclose a letter of certification to be mailed to the State
of North Carolina on behalf of this entity along with all pertinent information regarding this system for the
conclusion of this requirement.
Thank you,
anita James
James & James Environmental Management, Inc.
2/20/09
a+t
''AR -. 4 ,ono
f _J
®ENR - WATER QUALITY
POINT SOURCE BRANCH

PERFORMANCE ANNUAL REPORT — 2008
McDowell Assisted Living Ms. Linda Issacs
Permit Number: NCO075353
A copy of the Performance Annual :Report has already been filed with the
State of North Carolina Division: of Water Quality in triplicate by James &
James Environmental Management, Inc. and should be in your possession at
this time. On that report, the certification was stated that I, the responsible
party of this facility, has received a copy of this report and was directed to
give the users knowledge of this report -and access to it.
Therefore:
I certify under penalty of law that this report prepared by James & James
Environmental Management, Inc. is complete and accurate to the best of my
knowledge. I further certify that this report has been made available to the
users or customers of this documented system and that those users have been
notified of its availability.
Thank you,
Ms. Linda Issacs
McDowell Assisted Living

P, YNorth Carolina Department o
SURFACE WATER PROTECTION SECTION
January 12, 2009
Ms. Linda Issacs
McDowell Assisted Living LLC
P.O. Box 909
Marion, North Carolina 28752
Beverly Eaves Perdue, Governor
Dee Freeman, Secretary
ironment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
Asheville Regional Office
SUBJECT: Compliance Evaluation Inspection
Status: Compliant
McDowell Assisted Living WWTP
Permit No: NCO075353
McDowell County
Dear Ms. Issacs:
Enclosed please find a copy of the Compliance Evaluation Inspection form from
the inspection conducted on December 16, 2008. The facility appeared to be in
compliance with permit NC0075353. James & James Environmental is doing a fine job of
operating this facility.
This permit will expire December 31, 2009. Please request a permit renewal 180
days prior to expiration. Please also address the conditions of the eroded path down to
the WWTP.
Please refer to the enclosed inspection report for additional observations and
comments. If you or your staff have any questions, please call me at 828-296-4500, Ext.
4667.
Sincerely,
J et C
nvironmental Specialist
Enclosure
0019 RM GIB villle 'I-. I .:s: _
DWQ Central Files
James & James Environmental/ ORC
G:\WPDATA\DEMWQ\Mcdowell\75353 McDowell Assisted Living\75353-CE1.08.doc
lvOCtth Carol i n a
Naturally
2090 U.S. Highway 70. Swannanoa, NC 28778 Telephone: [phone] Fax: [phone] Customer Service 1 877 623-6748

United States Environmental Protection Agency
Form Approved.
EPA n Washington, D.C. 20460
OMB No. 2040-0057
Water Compliance Inspection Report
Approval expires 8-31-98
Section A: National Data System Coding (i.e., PCS)
Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type
1 I NI 2 15I 31 NCO075353 Ill 121 08/12/16 117 181 CI 19I gI 20I I
1-
Remarks
21111111111111111111111111111111111111111111111116
Inspection Work Days Facility Self -Monitoring Evaluation Rating B1 QA --------------- —---------- Reserved ----------------------
67 I 169 70 [j 71 I I 72I j 73I I j 74 75I I I I I I I 180
`I I�
Section B: Facility Data
Name and Location of Facility Inspected (For Industrial Users discharging to POTW, also include
Entry Time/Date
Permit Effective Date
POTW name and NPDES permit Number)
12:15 PM 08/12/16
05/05/01
McDowell Assisted Living WWTP
Exit Time/Date
Permit Expiration Date
Rt 9. sox 415
Marion NC 28752
12:47'PM 08/12/16
09/12/31
Name(s) of Onsite Representative(s)fTitles(s)/Phone and Fax Number(s)
Other Facility Data
Name, Address of Responsible Official/Title/Phone and Fax Number
Contacted
Linda Issacs,PO Box 909 Marion NC 28752//828-652-3033/ No
Section C: Areas Evaluated During Inspection (Check only those areas evaluated)
Permit 12 Operations & Maintenance N Records/Reports Self -Monitoring Program
Facility Site Review
Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary)
(See attachment summary)
Name(s) and Signature(s) of Inspector(s) Agency/Office/Phone and Fax Numbers Dale
Janet Cantwell ARO WQ//828-296-4500 Ext.4667/
4:1 zo�
Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date
►l 1�1 Gov
EPA Form 3560-3 (Rev 9-94) Previous editions are obsolete.
Page # 1

NPDES yr/mo/day Inspection Type
3I NCO075353 I11 12I 08/12/16 I17 18N
Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary)
Juanita James of James & James Environmental assisted in the inspection of this facility.
This permit will expire December 31, 2009. Please request a permit renewal 180 days prior to expiration.
This facility is being well operated.
Effluent was clear.
The path leading to the WWTP has eroded making it difficult to traverse, especially during bad weather.
This makes it difficult for the operator who has to carry equipment up and down the path.
Page # 2

Permit: NCO075353
Inspection Date: 12/16/2008
Owner - Facility: McDowell Assisted Living WWTP
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? ❑ ❑
E3
❑
Is the facility as described in the permit?
in 0110
# Are there any special conditions for the permit?
❑
❑
❑
Is access to the plant site restricted to the general public?
M
Is the inspector granted access to all areas for inspection?
®❑
❑
❑
Comment: This permit will expire December 31, 2009. Please request a permit
renewal 180 days prior to expiration.
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:
Record Keeping
Yes
No
I4A
NE
Are records kept and maintained as required by the permit?
®❑
❑
❑
Is all required information readily available, complete and current?
❑
❑
❑
Are all records maintained_ for 3 years (lab. reg. required 5 years)?
❑
❑
❑
Are analytical results consistent with data reported on DMRs?
❑
❑
❑
Is the chain -of -custody complete?
❑
❑
❑
Dates, times and location of sampling
❑
Name of individual performing the sampling
❑
Results of analysis and calibration
❑
Dates of analysis
❑
Name of person performing analyses
❑
Transported COCs
❑
Are DMRs complete: do they include all permit parameters?
M
0
Cl
❑
Has the facility submitted its annual compliance report to users and DWQ?
im
❑
❑
❑
(If the facility is = or > 5 MGD permitted flow) Do they operate 24/7 with a certified operator on each shift?
❑
❑
®
❑
Is the ORC visitation log available and current?
®
❑
❑
❑
Is the ORC certified at grade equal to or higher than the facility classification?
®❑
❑
❑
Is the backup operator certified at one grade less or greater than the facility classification?
®❑
❑
❑
Page # 3

Permit: NCO075353
Inspection Date: 12/16/2008
Record Beeping
Is a copy of the current NPDES permit available on site?
Facility has copy of previous year's Annual Report on file for review?
Comment:
Owner - Facility: McDowell Assisted Living VOWP
Inspection Type: Compliance Evaluation
Mode of operation
Type of aeration system
Is the basin free of dead spots?
Are surface aerators and mixers operational?
Are the diffusers operational?
Is the foam the proper color for the treatment process?
Does the foam cover less than 25% of the basin's surface?
Is the DO level acceptable?
Is the DO level acceptable?(1.0 to 3.0 mg/1)
Comment:
Secondary Clarifier
Is the clarifier free of black and odorous wastewater?
Is the site free of excessive buildup of solids in center well of circular clarifier?
Are weirs level?
Is the site free of weir blockage?
Is the site free of evidence of short-circuiting?
Is scum removal adequate?
Is the site free of excessive floating sludge?
Is the drive unit operational?
Is the return rate acceptable (low turbulence)?
Is the overflow clear of excessive solids/pin floc?
Is the sludge blanket level acceptable? (Approximately''/< of the sidewall depth)
Comment:
Disinfection -Tablet
Are tablet chlorinators operational?
Are the tablets the proper size and type?
;mnnn
®nnn
Yes No NA NE
Ext. Air
Diffused
®nnn
❑❑®❑
®nnn.
®nnn
® n n n
® n n n
n n n is
® n n n
nn®n
® n n n
® ❑ ❑ ❑
® n n n
n n n
® n n n
❑❑®❑
■ n n n
® ❑ ❑ ❑
n n n m
Yes No NA NE
■nnn
vnnn
Page # 4

Permit: NC0075353
Inspection Date: 12/16/2008
Owner - Facility: McDowell Assisted Living WWTP
Inspection Type: Compliance Evaluation
Disinfection -Tablet
Number of tubes in use?
Is the level of chlorine residual acceptable?
Is the contact chamber free of growth, or sludge buildup?
Is there chlorine residual prior to de -chlorination?
Comment:
De -chlorination
Type of system ?
Is the feed ratio proportional to chlorine amount (1 to 1)?
Is storage appropriate for cylinders?
# Is de -chlorination substance stored away from chlorine containers?
Comment:
Are the tablets the proper size and type?
Are tablet de -chlorinators operational?
Number of tubes in use?
Comment:
Yes No NA NE
1
❑❑❑
❑❑❑
❑ ❑ ❑
Tablet
❑ ❑ ❑
❑ ❑ mg ❑
im❑❑❑
Page # 5

0 W ATF
.�
�' L E ®P Michael F. Easley, Governor
William G. Ross Jr., Secretary
orth Carolina Department vironment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
Asheville Regional Office
SURFACE WATER PROTECTION
Ms. Linda Issacs
McDowell Assisted Living LLC
Post Office Box 909
Marion, North Carolina 28752
Dear Ms. Issacs:
May 5., 2008
SUBJECT: Compliance Evaluation Inspection
McDowell Assisted Living WWTP
Permit No: NCO075353
McDowell County
Enclosed please find a copy of the Compliance Evaluation Report for the..
inspection -conducted on April 30, 2008 by staff of the Asheville Regional Office. The
facility was found to be in compliance with permit NC0075353. In order to ensure that the
facility's compliant status continues, solids must immediately be pumped from the
chlorine contact tank.
Please .refer to the enclosed inspection report for additional observations and
comments. If there are questions, please call the writer at 828-296-4651.
Sincerely,
James R Reid
Environmental Engineer
Enclosure
cc: James Glen Smith, ORC
Central Files
;slt ,t'I'i'' T EM
No ehCarohna
atura!!y
2090 U.S. Highway 70, Swannanoa, NC 28778 Telephone: [phone] Fax: [phone] Customer Service 1 877 623-6748

United States Environmental Protection Agency
Form Approved.
EPA Washington, D.C. 20460
OMB No. 2040-0057
Water Compliance Inspection Report
Approval expires 8-31-98
Section A: National Data System Coding (i.e., PCS)
Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type
1 I NI 2 I SI 11 NCO075353 Ill 121 08/04/30 117 181 NI 19I SI 20III
Remarks
21IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII6
Inspection Work Days Facility Self -Monitoring Evaluation Rating B1 QA --------------------------- Reserved ----------------------
67I 169 701 41 711 I 721 NJ 73 I I. 174 711 I I I I I I 180
u�
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)
McDowell Assisted Living WWTP
10:50 AM 08/04/30
05/05/01
Exit Time/Date
Permit Expiration Date
Rt 9 Box 415
Marion NC, 28752
11:30 AM 08/04/30
09/12/31
Name(s) of Onsite Rep resentative(s)/Titles(s)/Phone and Fax Number(s)
Other Facility Data
James. Glen Smith/ORC/828-697-0063/
Name, Address of Responsible OfficiallTitle/Phone and Fax Number
Contacted
Linda Issacs,PO Box 909 Marion NC 28752//828-652-3033/
No
Section C: Areas Evaluated During Inspection (Check only those areas evaluated)
Permit Operations & Maintenance Records/Reports Self-Mciditoring Program
Sludge Handling Disposal Facility Site Review Effluent/Receiving Waters ,
' ;Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary)
(See attachment summary)
Name(s) and Signature(s) of Inspector(s) Agency/Office/Phone and Fax Numbers Date
James R Reid ARO WQ//828-296-4500 Ext.4651/
s=z-off
Signature n Agency/Office/Phone and Fax Numbers Date
ttviewer
s
EPA Form 3560-3 (Rev 9-94) Previous editions are obsolete.
Page # 1

NPDES yr/mo/day Inspection Type
3I NC0075353 I11 12I 08/04/30 I17 18ICI
Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary)
Effluent clean and clear. All equipment appeared to be operating properly. SOLIDS MUST BE PUMPED
FROM THE CHLORINE CONTACT TANK.
Page # 2

Permit: NCO075353
Inspection Date: 04/30/2008
Owner - Facility: McDowell Assisted Living WWTP
Inspection Type: Compliance Evaluation
Operations & Maintenance
Yes
No
NA
NE
Is the plant generally clean with acceptable housekeeping?
■
n
n
n
Does the facility analyze process control parameters, for ex: MLSS, MCRT, Settleable Solids, pH, DO, Sludge ■
n
n
n
Judge, and other that are applicable?
Comment:
Permit
Yes
No
NA
NE
(If the present permit expires in 6 months or less). Has the permittee submitted a new application?
■
n
n
n
Is the facility as described in the permit?
■
n
n
n
# Are there any special conditions for the permit?
■
n
n
n
Is access to the plant site restricted to the general public?
■
n
n
n
Is the inspector granted access to all areas for inspection?
■
n
❑
n
Comment:
Record Keeping
Yes.
No,
NA
NE
Are records kept and maintained as required by the permit?
■
❑
n
n
Is all required information readily available, complete and current?
■
n
n
n
Are all records maintained for 3 years (lab. reg. required 5 years)?
■
n
n
.fl
Are analytical results consistent with data reported on DMRs?.
■
n
❑
n
Is the chain -of -custody complete?
■.
n
n
.n
Dates, times and location of sampling
Name of individual performing the sampling
■
Results of analysis and calibration
■
,
Dates of analysis
■.;
Name of person performing analyses
■
"
Transported COCs
n
Are DMRs complete: do they include all permit parameters?
■
❑
❑
Has the facility submitted its annual compliance report to users and DWQ?
■
n
n
n
(If the facility is = or > 5 MGD permitted flow) Do they operate 24/7 with a certified operator on each shift?
■
n
n
n
Is the ORC visitation log available and current?
■
❑
❑
n
Is the ORC certified at grade equal to or higher than the facility classification?
■
n
n
n
Is the backup operator certified at one grade less or greater than the facility classification?
■
o
o
n
Is a copy of the current NPDES permit available on site?
■
Page # 3

Permit: NCO075353
Inspection Date: 04/30/2008
Record Keeping
Facility has copy of previous year's Annual Report on file for review?
Comment: .
Aeration Basins
Mode of operation
Type of aeration system
Is the basin free of dead spots?
Are surface aerators and mixers operational?
Are the diffusers operational?
Is the foam the proper color for the treatment process?
Does the foam cover less than 25% of the basin's surface?
Is the DO level acceptable?
Is the DO level acceptable?(1.0 to 3.0 mg/1)
Comment:
Type of system ?
Is the feed ratio proportional to chlorine amount (1 to 1)?
Is storage appropriate for cylinders?
# Is de -chlorination substance stored away from chlorine containers?
Comment:
Are the tablets the proper size and type?
Are tablet de -chlorinators operational?
Number of tubes in use?
Comment:
Disinfection -Tablet
Are tablet chlorinators operational?
Are the tablets the proper size and type?
Number of tubes in use?
Is the level of chlorine residual acceptable?
Is the contact chamber free of growth, or sludge buildup?
Is there chlorine residual prior to de -chlorination?
Owner - Facility: McDowell Assisted Living WWTP
Inspection Type: Compliance Evaluation
Yes No NA NE
■nnn
Ext. Air
Diffused
■nnn
nn■n
■nnn
■nnn
■nnn
■.nnn
■nnn
...Yes .No NA NE
;.
■nnn
■nnn
■.nnn
■nnn
■nnn
Yes No NA NE
■nnn
■nnn
■nnn
■nnn
■nnn
Page # 4

% ' Permit: NC0075353
Inspection Date: 04/30/2008
Owner - Facility: McDowell Assisted Living WWTP
Inspection Type: Compliance Evaluation
Disinfection -Tablet
Comment: Solids must be pumped from the contact tank.
Yes No NA NE
Page # 5

' James James Environmental Mgt., inc. System:
McDowell Assisted Living
JAMES & .LAMES ENVIRONMENTAL MANAGEMENT,
PO BOX 1354, MOUNTAIN HOME, NC 28758
OFFICE: [phone] FAX: [phone]
PERFORMANCE ANNUAL REPO
2007
I. General. Information
Facility/System Name:
McDOWELL ASSISTED LIVING
Responsible Entity: LINDA ISAACS
Person in Charge/Contact:
Applicable Permit(s):
LINDA ISAACS
NCO075353
Permit Number:
NCO075353 IjO
1 L:
f I + MAP, 1 1 2008 v'
T�
Description -of Collection System or Treatment Process:
A gravity system into an extended aeration.basin, clarifier, and digester, chlorine
tablet feeder, chlorine contact chamber and dechlorination.
II. Performance
Text Summary of System Performance for Calendar Year 2007
There were a couple of elevated TSS events where the effluent was visibly very
clear. There is concern that the dechlor weighs heavy on the filter plates. The
rest of the year the facility operated very well.
List (by Month) any violations of permit conditions or other environmental
regulations. Monthly lists should include discussion of any environmental impacts
and corrective measures taken to address violations. Attach additional sheets if needed.
January 23 TSS@56.5mg/I:February 6,TSS@49.6mg/1(poss due to dechlor weighing heavy -effluent was clear)
111. Notification:
A copy of this report has been sent to the Owner with directions to give notification
of the availability of this report to each of their users. A certified statement will be
sent to the State when this issue has been rectified.

' James James Environmental Nlyc.-, inc. System: Permit Number:
McDowell Assisted Living NCO075353
IV. Certification
I certify under penalty of law that this report is complete and accurate to the best
of my. knowledge.. I further certify that_this.report has been made available -to the
users or customers of the named. system and, that those users have been notified
of its availability. (pleasesee below)
I certify that this report has been given to the Owner of this Entity with explicit
directions to make the user aware of the availability of this report and the
location with which a copy can be either viewed or received. James & James
Environmental cannot certify that the latter has been completed and will enclose
a letter of certification to be mailed to the State of North Carolina on behalf of this
Entity along .with all pertinent .information regarding this system for the conclusion
of this requirement.
Juanita James/ James & James Environmental. Management
Responsible Person
Title
Entity
2120/08
Date

' James James. Environmental Mgt., inc. System:
McDowell Assisted Living
JAMES & JAMES ENVIRONMENTAL MANAGEMENT
PO BOX 1354, MOUNTAIN HOME, NC 28758
OFFICE: (828)-697-0063 FAX: [phone]
PERFORMANCE ANNUAL REPORT
I. General.lnfonnation
Facility/System:-Name:
MCDOWELL ASSISTED LIVING
Responsible:Entity:
LINDA ISAACS
Pe.rson.in Charge/Contact:
LINDA-ISAACS
Applicable Permit(s):
NCO075353
Permit Number:
NCO075353
A.copy of the PERFORMANCE ANNUAL REPORT has already been filed
with you by James & James Environmental Management and should be in your
possession at .this time. On that report, the. certification was stated that I, the
owner of this Entity, has received a copy of this report and was directed to give
the users knowledge of the report: and. access to it.
Therefore:
I certify under,penalty of law that this report prepared by James & James
EnvironmentaL:Management is complete and accurate to the best of my
knowledge: I further certify that this report has been made available to the users
or customers of the :named system and that those users have been notified of
its availability.
Responsible.. Person
Title
Entity
Date

OF WATe Michael F. Easley, Governor
gCQr' G William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
rN,Coleen H. Sullins, Director
u Division of Water Quality
VIM
SURFACE WATER PROTECTION SECTION
September 4, 2007
Mr. lssacs
McDowell Assisted Living LLC
PO Box 909
Marion, NC 28752
SUBJECT: Wastewater Collection System
Owner & Operator Requirements
McDowell Assisted Living WWTP
NCO075353
McDowell County
Dear Mr. Issacs:
I would like to take this opportunity to discuss the requirements for sewerage collection
systems that were first established in 15 NCAC .02H .0200 in March 2000 and are now found in
15 NCAC 2T .0403, Waste Not Discharged to Surface Waters, which became effective
September 1, 2006. These Regulations place significant operation, maintenance and reporting
requirements on those entities that own or operate a wastewater collection system with average
daily flows of less than 200,000 gallons per day.
These regulations are applicable to your facility. This letter is provided as guidance
to assist you in complying with the new reporting and operations and maintenance (O&M)
requirements and to advise you that you are subject to system review, inspections and possible
enforcement, if the system is not in compliance with the regulation.
For your convenience and easy reference, a highlight of these requirements and the
following guidance are offered (see enclosed). You may find the regulations using the following
web site: http://h2o.enr.state.ne.us/peres/Collection%2OSystems/CollectionSVstemsHome.htmI
The Asheville Regional Office will be increasing the level of oversight, compliance
activities and enforcement relating to collections systems, therefore, we wanted to be sure you
are aware of the requirements for these systems. We will be performing NPDES Wastewater
Collection System inspections sometime in the near future.
NorthCarohna
JVaturally
North Carolina Division of water Quality 2090 US Hwy 70; Swannanoa, NC 28778 Phone [phone]
Internet: www..ncwaterquality.org Customer Service 1-877-623-6748 FAX [phone]
An Equal Opportunity/Affirmative Action Employer — 50% Recycled/10% Post Consumer Paper

September 4, 2007
Page 2 of 2
If this Office has not previously inspected your wastewater collection system and records
ofsame,,.you, should be prepared to demonstrate compliance with all criteria listed above.
Enclosed1s an inspection form that you can use to assemble your records prior to an inspection
by the staff of this office.
This Office has a Wastewater Treatment Plant Consultant on staff to offer assistance to
you in complying with the requirements of these regulations. Should you have questions or
need additional information regarding this issue, please contact Don Price at [phone].
Should you have any other questions concerning this correspondence or the
requirements relating to collection systems, please contact Roy Davis or Keith Haynes at 828-
296-4500.
Sincerely,
, 0 L11. Zf Tualck
Roger C. Edwards, Supervisor
Surface Water Protection Section
cc: Deborah Gore - PERCS Unit - w/out enclosures
DWQ - SWPS - Central Office Files - w/out enclosures

-\J
S0 W A
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen Fl. Sullins, Director
Division of Water Quality
Asheville Regional Office
SURFACE WATER PROTECTION SECTION
July 12, 2007
CERTIFIED MAIL
RETURN RECEIPT REQUESTED ' 7006 3450 0002 7064 8365
Ms. Linda Issacs
McDowell Assisted Living LLC
PO Box 909
Marion, NC 28752
Subject: NOTICE OF VIOLATION
NOV-2007-LV-0390
Permit number NCO075353
McDowell Assisted Living WWTP
McDowell County
Dear Ms. Issacs:
A review of McDowell Assisted Living WWTP's monitoring report for February 2007
showed the following violations:
Parameter
. Date
Limit Value
Reported Value
Limit Type
Total Suspended Solids
02/06/07
45 mg/I
49.6 mg/I
Daily Maximum
Exceeded
No thCarolina
NatA(Irallb,
North Carolina Division of Water Quality 2090 U.S. Highway 70;Swannanoa, NC 28778 Phone [phone]
Internet: www.ncwaterquality.orq
Customer Service 1-877-623-6748 FAX [phone]

Ms. Linda Issacs
McDowell Assisted Living LLC
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 DIVIR 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,
C' Z�'z"'-tk
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
cc: Bob Guerra, Western NPDES Point Source Compliance Enforcement
DWQ Central Files
Asheville Regional Office facility files
James & James Environmental Management

0� \NATFR U`} Michael F. Easley, Governor
Q William G. Ross Jr., Secretary
�O G North Carolina Department of Environment and Natural Resources
r Coleen H. Sullins, Director
> + '� Division of Water Quality
Asheville Regional Office
.`LP _y➢l t; YR:'.I.'i3,SYJ R:�-ttis'.x:m+..
SURFACE WATER PROTECTION SECTION
"_.;,ii;5ttivWks'+'f'•+'+°�'ID%:sxar+rruar...s.�:M�`
June 5, 2007
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Ms. Lind4 Issacs
McDowell Assisted Living LLC
PO Box 909
Marion, NC 28752
Dear Ms. Issacs:
7006 3450 0002 7064 7801
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Subject: t� TICE OF VIOLATION
�
NOV-2007-LV-0302
Permit No. NCO075353
McDowell Assisted Living WWTP
McDowell County
A review of McDowell Assisted Living WWTP's monitoring report for January 2007
showed the following violation(s):
Parameter
Date
Limit Value
Reported
Value
Limit Type
Total Suspended Solids
01/23/07
45 mg/I
56.5 mg/l
Daily Maximum
Exceeded
NorthCarolina
Ivaturally
North Carolina Division of Water Quality 2090 US Hwy 70; Swannanoa, NC 28778 Phone [phone]
Internet: www.ncwaterguality.org Customer Service 1-877-623-6748 FAX [phone]
i

Ms. Linda Issacs
McDowell Assisted Living LLC
Page 2 of 2
June 5, 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 Regibh'al:Office.:has a Wastewater Treatment Plant Consultant available for technical
assistance to'.wasteWater°.treafinent plants (WWTP) and collection systems with operational
concerns. This service is free and non -regulatory to assist in the identification and correction of
operational problems. This service can be utilized for optimization of the operation of WWTPs and
collection systems. Should you have questions about this service, please contact Don Price at
828-296-4500 extension 4656.
Special Order By Consent:
The Division of Water Quality may pursue enforcement actions for this and any additional
violations. If the violations are of a continuing nature and not related to operation and / or
maintenance problems, you may apply for a Special Order by Consent (SOC). To be eligible, you
will be required to take corrective actions while implementing construction activities and pay a
stipulated upfront civil penalty. You may contact Jim Reid of this office for SOC additional
information.
If you should have any questions, please do not hesitate to contact me or Wanda Frazier in the
Asheville Regional office at 828-296-4500.
Sincerely,
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
cc: Bob Guerra, Western NPDES Point Source Compliance Enforcement
DWQ Central Files
Asheville Regional Office facility files
James & James Environmental Management

< � •zrt�.kY'i. i,'% #<' .i�.r..ns:s ccna:Ydz7 I s .. .
�
�'j:TF 3 Lmi FL Easley, Governor
O.- �`'4Q fttl�m G Ross Jr., Secretary
North Carolina Resources
N,Y
> [ Coleen H. Sullins, Director
Division of Water Quality
Asheville Regional Office
SURFACE WATER PROTECTION SECTION
June 5, 2007
CERTIFIED MAIL
10
RETURN RECEIPT REQUESTED 7006 3450 0002 7064 7801
Ms. Linda Issacs
McDowell Assisted Living LLC
PO Box 909
Marion, NC 28752
Subject: NOTICE OF VIOLATION
NOV-2007-LV-0302
Permit No. NCO075353
McDowell Assisted Living WWTP
McDowell County
Dear Ms. Issacs:
A review of McDowell Assisted Living WWTP's monitoring report for January 2007
showed the following violation(s):
Parameter
Date
Limit Value
Reported
Value
Limit Type
Total Suspended Solids
01/23/07
45 mg/I
56.5 mg/I
Daily Maximum
Exceeded
NorthCaroIina
,Nrrtearay
North Carolina Division of Water Quality 2090 US Hwy 70; Swannanoa, NC 28778 Phone [phone]
Internet: www.ncwaterguality.org Customer Service 1-877-623-6748 FAX [phone]

Ms. Linda Issacs
McDowell Assisted Living LLC
Page 2 of 2.
June 5, 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..
James a- es Environmental Management

Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
crJ r Alan W. Klimek, P.E. Director
Division of Water Quality
Asheville Regional Office
SURFACE WATER PROTECTION SECTION
December 21, 2006
Ms. Linda Isaacs, Owner
McDowell Assisted Living, LLC
Post Office Box 909
Marion, North Carolina 28752
SUBJECT: Compliance Evaluation Inspection
Status: Compliant
McDowell Assisted Living WWTP
Permit No: NCO075353
McDowell County
Dear Ms. Isaacs:
Enclosed please find a copy of the Compliance Evaluation Inspection form from the
inspection conducted on December 19, 2006. The facility appeared to be in compliance with
permit NC0035157. The operator is doing a good job. `
Please refer to the enclosed inspection report for additional observations and comments.
If you or your staff have any questions, please call me at 828-296-4500 extension 4662.
Sincerely,
�V"/' C. C7 X �
Wanda P. Frazier
Environmental Specialist
Enclosure
cc: James & James Environmental, ORC
Central Files
Asheville_Fifes": `)
2090 U.S. Highway 70, Swannanoa, NC 28778 Telephone: [phone] Fax: [phone] Customer Service 1 877 623-6748
NorthCarolina
AWitra!!ff

United States Environmental Protection Agency
Form Approved.
EPA Washington, D.C. 20460
OMB No. 2040-0057
Water Compliance Inspection Report
Approval expires 8-31-98
Section A: National Data System Coding (i.e., PCS)
Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type
1 I NI 2 15I 31 NCO075353 1.11 121 06/12/19 117 181 CI 19I SI 20I
Remarks
21I111IIIIIIII IIIIII111111111111IIIIII IIIIIIII1116
Inspection Work Days Facility Self -Monitoring Evaluation Rating 61 CIA --------------------------- Reserved ----------------------
67I 1. o 169 70I 3 I 711 I 72 LNJ 73I I 174 751 I I I I I I 180
w
Section B: Facility Data
Name and Location of Facility Inspected (For Industrial Users discharging to POTW, also include
Entry Time/Date
Permit Effective Date
POTW name and NPDES permit Number)
McDowell Assisted Living WWTP
12:10 PM 06/12/19
05/05/01
Exit Time/Date
Permit Expiration Date
Rt 9 sox 415
Marion NC '28752
12:40 PM 06/12/19
09/12/31
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
Linda Issacs,PO Box 909 Marion NC 28752//828-652-3033/ No
Section C: Areas Evaluated During Inspection (Check only those areas evaluated)
Permit Operations & Maintenance E 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
/
/Z �/ ® d
EPA Form 3560-3 (Rev 9-94) Previous editions are obsolete.
Page # 1

NPDES yr/mo/day Inspection Type
3I NCO075353 I11 12I 06/12/19 1
17 18ICI
(cont.)
Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary)
A review of the files indicates that the last compliance evaluation inspection was conducted on
1-9-2006 by Starr Silvis.
The permit expires on 12-31-2009, please request a permit renewal 6 months prior to expiration.
The Annual Performance Report has been filed for the year and was on -site, along with a complete copy of
the current permit.
The aeration basin process control data was as follows on the day of the inspection.
Temperature = 12.8 degrees Celcius
Tip: The ideal level for dissolved oxygen in the aeration basin is generally 1 to 3 mg/I. Seasonal changes in
temperature require the adjustment of the aeration timer to achieve ideal dissolved oxygen levels.
Settleable Solids = 700/1000 ml/l = 70%
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.
Temperature = 12.6 degrees Celcius
Chlorine = <15 ug/I
pH = 6.5 units
Harry and Juanita James were on -site during the inspection..
The log book was present on -site and had good notation of daily events.
The effluent appeared to be clear, indicating compliance with permit limits.
This facility appears to be well operated and maintained. Jim Smith, the operator, is doing a good job.
Page # 2

Permit: NCO075353
Inspection Date: 12/19/2006
Owner - Facility: McDowell Assisted Living WVVfP
Inspection Type: Compliance Evaluation
Permit
Yes
No
NA
NE
(If the present permit expires in 6 months or less). Has the permittee submitted alnew application?
n
n
■
n
Is the facility as described in the permit?
■
❑
rl
# Are there any special conditions for the permit?
❑
■
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:
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 ■
n
❑
n
Judge, and other that are applicable?
Comment:
Page # 3

j
Linda Issacs
McDowell Assisted
PO Box 909
Marion NC 28752
Dear Ms. Issacs:
�Mich lFileyleo.v;rLo
1lilliarrl' GJr., y'
North Carolina Department nment and Naturaf1fesoc
Alan W. Klimek, P.E. Director
Division of Water Quality
Asheville Regional Office
SURFACE WATER PROTECTION
Living LLC
January 27, 2006
SUBJECT: January 9, 2006
Compliance Evaluation Inspection
McDowell Assisted Living LLC
McDowell Assisted Living WWTP
Permit No: NCO075353
McDowell County ,
Enclosed please find .a copy of the Compliance Evaluation Inspection form from
the inspection conducted on January 9, 2006. The Compliance Evaluation Inspection
was conducted by Starr Silvis and Roger Edwards of the Asheville Regional Office. The
facility was found to be in Compliance with permit NC0075353.
The facility needs to be cleaned and painted. Additionally, the effluent line is
currently held together with duct tape. The effluent line should be fixed in a more
permanent manner. The discharge point was not accessible. Access to the discharge
point should be cleared. The blowers do not currently have filters nor filter housings
these items must be replaced.
Please refer to the enclosed inspection report for additional observations and
comments. If you or your staff have any questions, please call me at 828-296-4500.
Sincerely, r
Starr Silvis
Enclosure
,cc: Harry Dewain James, ORC
Central Files
2090 U.S. Highway 70, Swannanoa, NC 28778 Telephone: [phone] Fax: [phone] Customer Service 1 877 623-6748
NorthCarolina
Naturally

w
N
United States Environmental Protection Agency
EPAWashington, D.C. 20460 Form Approved.
Water Compliance Inspection Report Approval expires 8-31-98
1; OMB No. 2040-0057
Section A: National Data System Coding (i.e., PCS)
Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type
1 I NI 2 151 11 NC0075353 121
111 06/01/09 117 181 CI 19I SI 20I I
Remarks
21111111111llllllllllllllllilllllllllllllllllllll6
Inspection Work Days Facility Self -Monitoring Evaluation Rating 131 QA ------- ---- ----- ------- Reserved---------------
67I 169 70I I 711 I 72I N I 73 I I 174 75I I I I 11 Li 80
I I I
Section B: Facility Data
Name and Location of Facility Inspected (For Industrial Users discharging to POTW, also include
POTW name and NPDES permit Number)
Entry Time/Date
Permit Effective Date
McDowell Assisted Living WWTP
10:35 AM 06/01/09
05/05/01
Rt 9 Box 415
Exit Time/Date
Permit Expiration Date
Marion NC 28752
11:15 AM 06/01/09
09/12/31
Name(s) of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s)
Other Facility Data
Harry Dewain James/ORC/828-697-0063/
Name, Address of Responsible Official/Title/Phone and Fax Number
Linda Issacs,PO Box 909 Marion NC 28752//828-652-3033/ Contacted
No
Section C: Areas Evaluated During Inspection (Check only those areas evaluated)
Permit ■ Flow Measurement Operations & Maintenance E 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
�` //jv�, ARO WQ//828-296-4500/
Starr Silvis V-1vib
Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date
Roger C Edwards ARO WQ//828-296-4500/
EPA Form 3560-3 (Rev 9-94) Previous editions are obsolete.
Page # 1

00 so
Permit: NCO075353 Owner - Facility: McDowell Assisted Living VW TP
Inspection Date: 01/09/2006 Inspection Type: Compliance Evaluation
Operations & Maintenance
Yes
No
NA NE
Is the plant generally clean with acceptable housekeeping?
■
n
n
n
Does the facility analyze process control parameters, for ex: MLSS, MCRT, Settleable Solids, pH, DO, Sludge ■
n
n
n
Judge, and other that are applicable?
Comment:
Permit
Yes
No
NA
NE
(If the present permit expires in 6 months or less). Has the permittee submitted a new application? -
Is the facility as described in the permit?
■
n
n
n
# Are there any special conditions for the permit?
n
n
■
n
Is access to the plant site restricted to the general public?
■
n
n
n
Is the inspector granted access to all areas for inspection?
■
n
O
n
Comment:
Secondary Clarifier
Yes
No
NA
NE
Is the clarifier free of black and odorous wastewater?
■
n
n
n
Is the site free of excessive buildup of solids in center well of circular clarifier?
n
n
n
■
Are weirs level?
■
n
n
n
Is the site free of weir blockage?
■
n
n
n
Is the site free of evidence of short-circuiting?
■
n
n
n
Is scum removal adequate?
■
n
n
n
Is the site free of excessive floating sludge?
■
❑
❑
❑
Is the drive unit operational?
n
n
■
n
Is the return rate acceptable (low turbulence)?
■
n
n
n
Is the overflow clear of excessive solids/pin floc?
■
n
n
n
Is the sludge blanket level acceptable? (Approximately'/4 of the sidewall depth)
❑
❑
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
■
n
Are the diffusers operational?
■
n
n
n
Page # 3

DIVISION OF WATER QUALITY
Chemistry Laboratory Report / Water Quality
Number
COUNTY
!
C/�'(,J
PRIORITY
El SAMPLETYPE
Date Received:
g -
RIVER BASIN:
AMBIENT
QA
❑ STREAM
EFFLUENT
Time Received:
Received By
�
REPORT TO
Regional Office
© COMPLIANCE
CHAIN OF CUSTODY
LAKE
INFLUENT
Other
COLLECTOR(S)
`
EMERGENCY
VISIT ID
L
ESTUARY
Data Released :
Tl&&S
Date Reported:
. - i y —e&,
Estimated BOD Range:
Station Location: MG� `�
/� S
A SS-1 V
t
Seed:
Chlorinated:
Remarks:
Station H
Date Begin (yy/mm/dd)
Date End (yy/mnr/dd)
Time Begin
Time End
Depth - DIN, DB, DBM
Value Type - A, II, L
Composite-T, S, 1
San le Type
M
BOD310
;1,�
mg/L
COD High 340
mg/L
COD Low 335
mg-/L
Coliform: MF Fecal 31616
/loom[
Coliform: MF Total 31504
/loom[
Coliform: tube Fecal 3 16 15
/loom]
Coliform: Fecal Strep 31673
A00m1
Residue: Total 500
mg/L
Volatile 505
mg/L
Fixed 510
mg/L
Residue: Suspended 530
r 5
mg/L
Volatile 535
mg/L
Fixed 540
mg/L
pH 403
units
Acidity to pH 4.5 436
mg/L
Acidity to pH 8.3 435
mg/L
Alkalinity to pH 8.3 415
mg/L
Alkalinity to pH 4.5 410
mg/L
TOC 680
mg/L
Turbidity 76
NTU
Coliform Total Tube
"/100 mis
Chloride 940 mg/L
Chi a: Tri 32217 ug/L
Chi a: Corr 32209 ug/L
Pheophytin a 32213 ug/L
Color: True 80 c.u.
Color: (pH ) 83 pH= C.U.
Color: pH 7.6 82 C.U.
Cyanide 720 mg/L
Fluoride 951 mg/L
Formaldehyde 71880 mg/L
Grease and Oils 556 ma/L
Hardness Total 900 mg/L
Specific Cond. 95 umhos/cm
MBAS 38260 mg/L
Phenols32730 ug/L
Sulfate 945 mg/L
Sulfide 745 mg/L
Baron
Tannin & Lignin ug/L
Hexavalent Chromium ug/L
Bicarbonate mg/L
Carbonate mg/L
Total Dissolved Solids mg/L
-OhfpIENTS: ',G..+,nyC�ljw hr':�rt"1 .1/I'.:••'t .f'c2t.c''t�;f 6'a!i/ /.an !,i � .J� -�
o ��
N113 as N 610 mg/L
TKN an N 625 mg/L
NO2 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 ug/L
Cr-Chromium:Total 1034 ug/L
Cu- Copper 1042 ug/L
Ni-Nickel 1067 ug/L
Pb- Lead 1051 ug/L
Zn- Zinc 1092 ug/L
V-Vanadium ug/L
Ag- Silver 1077 ug/L
AI- Aluminum 1105 ug/L
Be- Beryllium 1012 ug/L
Ca- Calcium 916 mg/L
Co- Cobalt 1037 ug/L
Fe- Iron 1045 ug/L
Mo-Molybdenum ug/L
Sb-Antimony ug/L
Sn-Tin ug/L
TI-Thallium ug/L
Ti-Titanium ug/L
Hg-1631 ng/L
Li -Lithium 1132
Mg- Magnesium 927
l.In-Manganese 1055
Na- Sodium 929
Arsenic:Total 1002
Se -Selenium 1147
Hg- Mercury 71900
3a-Barium
Organochlorine Pesticides
Acid herbicides
Base/Neutral&Acid Extractable
TPH Diesel Range
Purgeable Organics (VOA bottle
TPH Gasoline Range
TPHBTEX Gasoline Ranee

DIVISION Or WATER QUALITY
Chemistry Laboratory Report / Water Quality
SAMPLE TYPE
'
Lab Number
/jt?'s4Lt>C:'�7`�
COUNTY
RIVER BASIN:
q� \
V t �C3 w
PRIORITY
ElAMBIENT
QA
STREAM
A�F EFFLUENT
Date Received :
Time Received :
i � `)''- ,
i 5 �G
Received By
j 4, S
REPORT TO
fTl / Regional Office
/COMPLIANCE
CHAIN OF CUSTODY
LAKE
ED INFLUENT
Other
COLLECTOR(S) :
V S
EMERGENCY
VISIT ID
ED ESTUARY
Data Released
�AAS
t
Date Reported:
„
j — 3tj ..e
Estimated BOD Range:
Station Location:
Seed:
Chlorinated:
Remarks:
Station N
Date Begin (yy/mm/dd)
Date End (yy/mm/dd)
Time Begin
Time End
Depth - DM, DB, DBNJ
Value Type - A, li, L
Composite-T, S,
soc Type
Chloride 940 mg/L
Chl a: Tri 32217 ug/L
Chi a: Corr 32209 ug/1.,
Pheophytin a 32213 ug/L
Color: True 80 C.U.
Color: (pH) 83 PH= C.U.
Color: pH 7.6 82 c.u.
Cyanide 720 mg/L
Fluoride 951 mg/L
Formaldehyde 71880 mg/I.
Grease and Oils 556 mg/L
Hardness Total 900 mg/L
Specific Cond. 95 umhos/cm
MBAS 38260 mg/L
Phenols 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
,T
:05IM1IENTS: Y+. °t'I �y� 'f-�;=vi :-J [l.t 1—ecei A- f /
NH3 as N 610 mg/L
TKN an N 625 mg/L
NO2 plus NO3 as N 630 mg/L
P: Total as P 665 me/L
PO4 as P 70507 mg/L
P: Dissolved as P 666 mg/L
K-Potassium mg/L
Cd-Cadmium 1027 ug/L
Cr-Chromium:Total 1034 ug/L
Cu- Copper 1042 ug/L
Ni-Nickel 1067 ug/L
Pb- Lead 1051 ug/L
Zn- Zinc 1092 u,-/L
V-Vanadium ug/L
Ag- Silver 1077 ug/L
Ak Aluminum 1105 ug/L
Be- Beryllium 1012 ug/L
Ca- Calcium 916 mg/L
Co- Cobalt 1037 ug/L
Fe -Iron 1045 ug/L
Mo-Molybdenum ug/L
Sb-Antimony ug/L
Sn-Tin ug/L
TI-Thallium ug/L
Ti-Titanium ug/L
Hg-1631 ng/L
Fj

1�/
AT-ROMic�}}ael F.�Easley, Gov�er o
Gj y William G. Ross Jr., Secretary
[ North Carolina Department of Environment and Natural Resources
'C Alan W. Klimek, P.E. Director
Division of Water Quality
July 21, 2005
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7002 2410 0006 2900 3929_
Ms. Linda Isaacs, Owner
McDowell Assisted Living, LLC
Post Office Box 909
Marion, North Carolina 28752
Subject: Notice of Violation
Compliance Evaluation Inspection
McDowell Assisted Living, LLC, Wastewater
Treatment Facility
NPDES Permit NCO075353
McDowell County
Dear Ms. Isaacs:
On June 10, 2005, Janet Cantwell of the Division of Water Quality's Asheville Regional
Office conducted a Compliance Evaluation Inspection of the subject facility. While the effluent
indicated compliance with the limits in the facility's NPDES permit, there were several
problems regarding the condition of the facility that were violations of the requirement
contained in Part II C.2 of this same permit. The problems noted are as follows:
1. The metal plating forming the wall between the digester and the aeration basin has
corroded to the extent that it has begun to separate and break away. .
2. The walkway gratings have started showing signs of rust. Measures should be taken to
prevent deterioration.
3. The skimmer line is back pressured creating a geyser in the clarifier. The cause needs
to be determined and a repair effected.
4. The scum baffle was so full that it was overflowing into the clarifier allowing unscreened
material such as bottles and paper to enter it. These items can become caught in the
skimmer causing it to become clogged. The scum baffle needs to be cleaned now and
done on a routine basis.
5. The effluent pipe exiting the wastewater treatment facility is misaligned. Currently duct
tape is used to keep the pipe together. The line should be realigned and properly
connected.
North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, NC 28778
Internet: h2o.enr.state.nc.us
An Equal Opportunity/Affirmative Action Employer— 50% Recycled110% Post Consumer Paper
Nor thCarolina
Naturall
Phone [phone] Customer Service
FAX [phone]

Ms. Linda Isaacs
July 21, 2005
Page Two
6. The sludge in the chlorine contact chamber has accumulated to a depth that it is within
inches of the effluent pipe. As peak flows reach the facility, this could cause the loss
of these solids into the effluent. These should be pumped from the facility.
7. The fence surrounding the wastewater treatment facility is falling down. This should be
repaired and the facility securely locked. Also, the trail to the facility is very slippery.
Applying gravel to the trail would make traversing it safer and easier.
8. The blower needs to be repositioned now. Constant vibrations have caused it to move
to within 1/8 inch of the edge of its foundation.
You should be aware that effluent violations attributable to the poor condition of this facility
will subject you to the assessment of civil penalties for both effluent limits. violations and for
the violation of the condition contained in Part II C.2 of the facility's NPDES permit.
We are enclosing pictures taken of the site to better illustrate some of the problems noted
above.
Please provide a written response to this office no later than August 5, 2005, addressing
the violations noted. If you should have any questions, please call Janet Cantwell at 828-296-
4500.
Sincerely,
Roge) C. Edwards, Supervisor
Surface Water Protection Section
Enclosure
cc: Central Files
James & James Environmental

0 4b
United States Environmental Protection Agency
Form Approved.
EPA Washington, D.C. 20460
OMB No. 2040-0057
Water Compliance In ectl n 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 N 2 1 11 12I
19 20I U U U
Remarks
2111111111Jill Jill 11111111111111111111[111111111166
Inspection Work Days Facility Self -Monitoring Evaluation Rating 61 QA
-------- ----- ------ ----- Reserved ------ ------- -----
67 I 169 70 U 71 U 72 U
73 W 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)
McDowell Assisted Living WWTP
01:00 PM 05/06/10
05/02/01
Exit Time/Date
Permit Expiration Date
Rt 9 sox 415
Marion NC 28752
01:25 PM 05/06/10
09/12/31
Name(s) of Onsite Representative (s)/Titles(s)/Phone and Fax Number(s)
Other Facility Data
James Glen Smith/ORC/828-697-0063/
Name, Address of Responsible Official/Title/Phone and Fax Number
Contacted
Linda Lssacs,PO Box 909 Marion NC 28752//828-652-3033i
No
Section C: Areas Evaluated During Inspection (Check only those areas evaluated)
Permit ■ Flow Measurement Operations & Maintenance Records/Reports
Self -Monitoring Program Sludge Handling Disposal Facility Site Review
Effluent/Receiving Waters
Other
Section D: Summary of Find in/Comments Attach additional sheets of narrative
and checklists as necessary)
(See attachment summary)
Name(s) and Signature(s) of Inspector(s) Agency/Office/Phone and Fax Numbers Date
Janet Cantwell ARO WQ//828-296-4500 Ext.4667/
Signature of Management Q A Reviewer jjj Agency/Office/Phone and Fax Numbers Date
EPA Form (Rev 9-94) Previous editions are obsolete.

•
•
NPDES yr/mo/day Inspection Type (cont. ) 1
3I NCO075353 '11 12, cs1o6/10 117 18I
Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary)
Mixed liquor suspended solids showed good color and fresh odor. Effluent was olear but several maintenance and
operational problems were noted. They were:
1. The metal plating forming the wall between the digester and aeration basin has corroded to the extent that
the metal plating has separated and break away.
2. The walkway gratings have started show signs of rust and need to be sanded and then repainted.
3. The skimmer line is back pressuring creating a geyser in the clarifier. The cause needs to be
determined and repairs effected.
4. The scum baffle was so full that it was overflowing into the chlorine contact chamber. This was
allowing unscreened material such as bottles and papers to enter the clarifier. If picked up by the skimmer,
the line could become clogged.
5. The effluent pipe exiting the wastewater treatment_ facility was partially disconnected. it is currently
being held together with duct tape. This line should be properly aligned and joined.
6. The sludge in the chlorine contact chamber was within inches of the effluent pipe. The solids from this
tank should be immediately removed.
7. The ORC noted in his notebook that the last 30-minute settleable solids test was conducted on April 14,
2005 with a result of 750 ml/l. The solids concentration in the aeration basin should be between 300 m1/1
and 500 ml/l.
8. The fence surrounding the wastewater treatment facility is failing clown. This needs to be repaired and
the facility securely locked. Also, the trail leading to the facility is slippery. Applying gravel to the
trail would enhance safety.

now-

JAMES & JAMES ENVIRONMENTAL MANAGEMENT
PO;80X .1354, MOUNTAIN HOME, NC 28758
OFFICE: [phone] FAX: [phone]
PERFORMANCE ANNUAL REPORT
I. General Information .
Facility/System Nacre: McDowell Assisted Living
Responsible Entity: Linda Issacs
Person in Charge/Con'tact: Linda Issacs
Applicable Permit(s): ! NCO075353
Deseription of Collection System or Treatment Process:
McDowell Assisted Living is a gravity flow influent into a 10,000 gallon extended aeratio
with clarifier, digester, chlorine tube feeder and chlorine contact chamber.
II. Performance
Text Summary of System Performance for Calendar Year 2003
This system is an excellent running facility with no problems over the past twelve
months.
List (by Month) any violations of permit conditions or other environmental
regulations. Monthly:lists should include discussion of any environmental impacts
and corrective measures taken to address violations. Attach additional sheets ff needed.
NONE

4b
James & James Env. Mgt System: Permit #:
McDowell Assisted Living NC0075353
i
III. Notification:
A copy of this report has been sent to the Owner with directions to give notification
of the availability of this report to each of their users. A certified statement will be
sent to the State when this issue has been rectified.
IV. Certification i
I certify under penalty; of law that this report is complete and accurate to the best
of my knowledge. 1. further certify that this report has been made available to the
users or customers: of the named system and that those users have been notified
of its availability. (please see below)
I certify that this 'report.has been given to the Owner of this Entity with explicit
directions to make the user aware of the availability of this report and the
location with which' a copy can be either viewed or received. James & James
Environmental cannot certify that the latter has been completed and will enclose
a letter of certification to be mailed to the State of North Carolina on behalf of this
Entity along with all pertinent information regarding this system for the conclusion
of this requirement.
Juanita James! James &James Environmental Management, Inc.
Responsible Person
Title
.. Entity
4/5104
Date

North Carolina Department of Environment and Natural
Division of Water Quality
Michael F. Easley, Governor
December 17, 2004
Ms. Linda Isaacs
McDowell Assisted Living, LLC
P.O. Box 909
Marion, North Carolina 28752
ni0 E C E � V E
l DEC 2 9 2004
Wiliam
AI
Subject: Issuance of NPDES Permit N.00075353—'
McDowell Assisted L v ng!KM TP;
McDowell County
Dear Ms. Isaacs:
Division personnel have reviewed and approved your application for renewal of the subject permit.
Accordingly, we are forwarding the attached NPDES discharge permit. This permit is issued pursuant to the
requirements of North Carolina General Statute 143-215.1 and the Memorandum of Agreement between
North Carolina and the U.S. Environmental Protection Agency dated May 9, 1994 (or as subsequently
amended) .
This final permit includes no major changes from the draft permit sent to you on October 27, 2004.
Note that the Total Residual Chlorine (TRC) limit in this permit takes effect August 1, 2006. If you wish to
explore dechlorination options in order to comply with the limit, consult the enclosed guidance document.
If any parts, measurement frequencies or sampling requirements contained in this permit are
unacceptable to you, you have the right to an adjudicatory hearing upon written request within thirty (30)
days following receipt of this letter. This request must be in the form of a written petition, conforming to
Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings
(6714 Mail Service Center, Raleigh, North Carolina 27699-6714). Unless such demand is made, this decision
shall be final and binding.
Please note that this permit is not transferable except after notice to the Division. The Division may
require modification or revocation and reissuance of the permit. This permit does not affect the legal
requirements to obtain other permits which may be required by the Division of Water Quality or permits
required by the Division of Land Resources, the Coastal Area Management Act or any other Federal or Local
governmental permit that may be required. If you have any questions concerning this permit, please contact
Charles Weaver at telephone number [phone], extension 511.
Sincerely,
ORIGINAL SIGNED BY
SUSAN A. WILSON
Alan W. Klimek, P.E.
cc: Central Files
Asheville Regional Office/Water Quality Section }
NPDES Unit
1617 Mail Service Center, Raleigh, North Carolina 27699-1617
512 North Salisbury Street, Raleigh, North Carolina 27604
Phone: [phone] / FAX [phone] / Internet: h2o.enr.state.nc.us
Nne
orthCarolina
An Equal Opportunity/Affirmative Action Employer —50% Recycled/10% Post Consumer Paper

Permit NCO075353
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
1»7:Ju1111
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,
Linda Isaacs
(McDowell Assisted Living, LLQ
is hereby authorized to discharge wastewater from a facility located at the
McDowell Assisted Living WWTP
NC Highway 226
Marion
McDowell County
to receiving waters designated as North Muddy Creek in the Catawba River Basin in
accordance with effluent limitations, monitoring requirements, and other conditions
set forth in Parts I, II, III and IV hereof.
This permit shall become effective February 1, 2005.
This permit and authorization to discharge shall expire at midnight on December 31, 2009.
Signed this day December 17, 2004.
ORIGINAL SIGNED S "
Sl.1SAN A. WILSON
Alan W. Klimek, P.E., Director
Division of Water Quality
By Authority of the Environmental Management Commission

0
Permit NC0075353
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.
Linda Isaacs is hereby authorized to:
1. Continue to operate an existing 0.010 MGD wastewater treatment facility with
the following components:
♦ Extended aeration basin
♦ Clarifier
♦ Chlorination equipment
♦ Sludge digester
This facility is located off NC Highway 226 at McDowell Assisted Living,
southeast of Marion in McDowell County.
2. Discharge from said treatment works at the location specified on the attached
map into North Muddy Creek, classified C waters in the Catawba River Basin.

Permit NC0075353
A. (1.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS
During the period beginning on February 1, 2005 and lasting until expiration, the Permittee is authorized to
discharge from putfall 001. Such discharges shall be limited and monitored by the Permttee as specified below:
PARAMETER
r� LIMITS H
MONITORING REQUIREMENTS
tity
Monthly, '
Deily
Measurement
Sample Type
Samp[e`Location
x Average` ;'�
"Max imum
' Frequency
r
r
_
_
3,._....- ,
Flow
0.010 MGD
Weekly
Instantaneous
'`o 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
Weekly
Grab
Effluent
Fecal Coliform
200 / 100 ml
400 / 100 ml
Weekly
Grab
Effluent
(geometric mean
Total Residual Chlorine (TRC)1
28 Ng/L
2/Week
Grab
Effluent
Temperature (°C)
Weekly
Grab
Effluent
pH
> 6.0 and < 9.0 standard units
Weekly
Grab
Effluent
Footnotes:
1. The TRC limit takes effect August 1, 2006. Until then, the permittee shall monitor TRC [with no effluent
limit].
There shall be no discharge of floating solids or visible foam in other than trace amounts.

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NCO075 3 5 3
Rocky Pass Adult Care

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PART II
STANDARD CONDITIONS FOR NPDES PERMITS
Section A. Definitions
2/Month
Samples are collected twice per month with at least ten calendar days between sampling events.
3/Week
Samples are collected three times per week on three separate calendar days.
Act or "the Act"
The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 USC 1251, et. seq.
Annual Average
The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar year. In the case of fecal
coliform, the geometric mean of such discharges.
Arithmetic Mean
The summation of the individual values divided by the number of individual values.
Bypass
The known diversion of waste streams from any portion of a treatment facility including the collection system, which
is not a designed or established or operating mode for the facility.
Calendar 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 Quarter
One of the following distinct periods: January through March, April through June, July through September, and
October through December.
Composite Sample
A sample collected over a 24-hour period by continuous sampling or combining grab samples of at least 100 ml in
such a manner as to result in a total sample representative of the wastewater discharge during the sample period. 'The
Director may designate the most appropriate method (specific number and size of aliquots necessary, the time
interval between grab samples, etc.) on a case -by -case basis. Samples may be collected manually or automatically.
Composite samples may be obtained by the following methods:
(1) Continuous: a single, continuous sample collected over a 24-hour period proportional to the rate of flow.
(2) Constant time/variable volume: a series of grab samples collected at equal time intervals over a 24 hour
period of discharge and combined proportional to the rate of flow measured at the time of individual sample
collection, or
(3) Variable time/constant volume: a series of grab samples of equal volume collected over a 24 hour period
with the time intervals between samples determined by a preset number of gallons passing the sampling
point. Flow measurement between sample intervals shall be determined by use of a flow recorder and
totalizer, and the preset gallon interval between sample collection fixed at no greater than 1/24 of the
expected total daily flow at the treatment system, or
(4) Constant time/constant volume: a series of grab samples of equal volume collected over a 24-hour period at
a constant time interval. This method may only be used in situations where effluent flow rates vary
less than 15 percent. The grab samples shall be taken at intervals of no greater than 20 minutes apart
during any 24-hour period and must be of equal size and of no less than 100 milliliters. Use of this method
requires prior approval by the Director.
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In accordance with (4) above, influent grab samples shall not be collected more than once per hour.
Effluent grab samples shall not be collected more than once per hour except at wastewater treatment systems
having a detention time of greater than 24 hours. In such cases, effluent grab samples may be collected at
intervals evenly spaced over the 24-hour period that are equal in number of hours to the detention time of the
system in number of days. However, the interval between effluent grab samples may not exceed six hours nor
the number of samples less than four during a 24-hour sampling period.
Continuous flow measurement
Flow monitoring that occurs without interruption throughout the operating hours of the facility. Flow shall be
monitored continually except for the infrequent times when there may be no flow or for infrequent maintenance
activities on the flow device.
Daily Discharge
The discharge of a pollutant measured during a calendar day or any 24-hour period that reasonably represents the
calendar day for purposes of sampling. For pollutants measured in units of mass, the "daily discharge" is calculated as
the total mass of the pollutant discharged over the day. The "daily discharge" concentration comprises the mean
concentration for a 24-hour sampling period as either a composite sample concentration or the arithmetic mean of all
grab samples collected during that period. (40 CFR 122.3)
Daily Maximum
The highest "daily discharge" during the calendar month.
Dail): Sampluig
Parameters requiring daily sampling shall be sampled 5 out of every 7 days per week unless otherwise specified in the
permit. The Division expects that sampling shall be conducted on weekdays except where holidays or other
disruptions of normal operations prevent weekday sampling. If sampling is required for all seven days of the week
for any permit parameter(s), that requirement will be so noted on the Effluent Limitations and Monitoring Page(s).
DWO or "the Division"
The Division of Water Quality, Department of Environment and Natural Resources.
EMC
The North Carolina Environmental Management Commission.
Facility Closure
The cessation of wastewater treatment at a permitted facility, or the cessation of all activities that require coverage
under the NPDES. Completion of facility closure will allow this permit to be rescinded.
Geometric Mean
The Nth root of the product of the individual values where N = the number of individual values. For purposes of
calculating the geometric mean, values of "0" (or "G [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.
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Monthlv Average (concentration Hniitl
The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar month. In the case of fecal
coliform, the geometric mean of such discharges.
Permit Issuing Authority
The Director of the Division of Water Quality.
Quarterly Average (concentration limit)
The average of all samples taken over a calendar quarter.
Severe property damage
Substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable,
or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a
bypass. Severe property damage excludes economic loss caused by delays in production.
Toxic Pollutant:
Any pollutant listed as toxic under Section 307(a)(1) of the 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 limit)
The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar week. In the case of fecal
coliform, the geometric mean of such discharges.
Section B. General Conditions
1. Duty to Comply
The Permittee must comply with all conditions of this permit. Any permit noncompliance constitutes a violation
of the Clean Water Act and is grounds for enforcement action; for permit termination, revocation and reissuance,
or modification; or denial of a permit renewal application [40 CFR 122.41].
a. The Permittee shall comply with effluent standards or prohibitions established under section 307(a) of the
Clean Water Act for toxic pollutants and with standards for sewage sludge use or disposal established under
section 405(d) of the Clean Water Act within the time provided in the regulations that establish these
standards or prohibitions or standards for sewage sludge use or disposal, even if the permit has not yet been
modified to incorporate the requirement.
b. The Clean Water Act provides that any person who violates section 301, 302, 306, 307, 308, 318 or 405 of the
Act, or any permit condition or limitation implementing any such sections in a permit issued under section
402, or any requirement imposed in a pretreatment program approved under sections 402(a)(3) or 402(b)(8)
of the Act, is subject to a civil penalty not to exceed $25,000 per day for each violation. [40 CFR 122.41 (a)
(2)]
c. The Clean Water Act provides that any person who negligently violates sections 301, 302, 306, 307, 308, 318, or
405 of the Act, or any condition or limitation implementing any of such sections in a permit issued under
section 402 of the Act, or any requirement imposed in a pretreatment program approved under section
402(a)(3) or 402(b)(8) of the Act, is subject to criminal penalties of $2,500 to $25,000 per day of violation, or
imprisonment of not more than 1 year, or both. In the case of a second or subsequent conviction for a
negligent violation, a person shall be subject to criminal penalties of not more than $50,000 per day of
violation, or by imprisonment of not more than 2 years, or both. [40 CFR 122.41 (a) (2)]
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40 09NPDES Permit Requirements
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d. Any person who k»ozvingl), violates such sections, or such conditions or hinitations 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)(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 5 143-215.6A]
g. Any person may be assessed an administrative penalty by the Administrator for violating section 301, 302,
306, 307, 308, 318 or 405 of this Act, or any permit condition or limitation implementing any of such
sections in a permit issued under section 402 of this Act. Administrative penalties for Class I violations are
not to exceed $10,000 per violation, with the maximum amount of any Class I penalty assessed not to exceed
$25,000. Penalties for Class II violations are not to exceed $10,000 per day for each day during which the
violation continues, with the maximum amount of any Class II penalty not to exceed $125,000. [40 CFR
122.41 (a) (3)]
2. Duty to 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 II. C. 4), "Upsets" (Part II. C. 5) and "Power
Failures" (Part II. C. 7), nothing in this permit shall be construed to relieve the Permittee from any
responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3, 143-215.6 or Section 309
of the Federal Act, 33 USC 1319. Furthermore, the Permittee is responsible for consequential damages, such as
fish kills, even though the responsibility for effective compliance may be temporarily suspended.
4. Oil and Hazardous Substance Liability
Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the Permittee
from any responsibilities, liabilities, or penalties to which the Permittee is or may be subject to under NCGS 143-
215.75 et seq. or Section 311 of the Federal Act, 33 USG 1321. Furthermore, the Permittee is responsible for
consequential damages, such as fish kills, even though the responsibility for effective compliance may be
temporarily suspended.
5. Property Rights
The issuance of this permit does not convey any property rights in either real or 'personal property, or any
exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor
any infringement of Federal, State or local laws or regulations [40 CFR 122.41 (g)].
6. Onshore or Offshore Construction
This permit does not authorize or approve the construction of any onshore or offshore physical structures or
facilities or the undertaking of any work in any navigable waters.
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7. Severability
The provisions of this permit are severable. If any provision of this permit, or the application of any provision of this
permit to any circumstances, is held invalid, the application of such provision to other circumstances, and the remainder
of this permit, shall not be affected thereby [NCGS 150B-23].
8. Duty to Provide Information
The Permittee shall furnish to the Permit Issuing Authority, within a reasonable time, any information which the
Permit Issuing Authority may request to determine whether cause exists for modifying, revoking and reissuing, or
terminating this permit or to determine compliance with this permit. The Permittee shall also furnish to the
Permit Issuing Authority upon request, copies of records required by this permit [40 CFR 122.41 (h)].
9. Duty to Reapply
If the Permittee wishes to continue an activity regulated by this permit after the expiration date of this permit, the
Permittee must apply for and obtain a new permit [40 CFR 122.41 (b)].
10. Expiration of Permit
The Permittee is not authorized to discharge after the expiration date. In order to receive automatic
authorization to discharge beyond the expiration date, the Permittee shall submit such information, forms, and
fees as are required by the agency authorized to issue permits no later than 180 days prior to the expiration date.
Any Permittee that has not requested renewal at least 180 days prior to expiration, or any Permittee that does not
have a permit after the expiration and has not requested renewal at least 180 days prior to expiration, will subject
the Permittee to enforcement procedures as provided in NCGS 143-215.6 and 33 USC 1251 et. seq.
11. SiQt��atory Requirements
All applications, reports, or information submitted to the Permit Issuing Authority shall be signed and certified
[40 CFR 122.41 (k)].
a. All permit applications shall be signed as follows:
(1) For a corporation: by a responsible corporate officer. For the purpose of this Section, a responsible
corporate officer means: (a) a president, secretary, treasurer or vice president of the corporation in
charge of a principal business function, or any other person who performs similar policy or decision
making functions for the corporation, or (b) the manager of one or more manufacturing, production, or
operating facilities, provided, the manager is authorized to make management decisions which govern the
operation of the regulated facility including having the explicit or implicit duty of making major capital
investment recommendations, and initiating and directing other comprehensive measures to assure long
term environmental compliance with environmental laws and regulations; the manager can ensure that
the necessary systems are established or actions taken to gather complete and accurate information for
permit application requirements; and where authority to sign documents has been assigned or delegated
to the manager in accordance with corporate procedures .
(2) For a partnership or sole proprietorship: by a general partner or the proprietor, respectively; or
(3) For a municipality, State, Federal, or other public agency: by either a principal executive officer or
ranking elected official [40 CFR 122.22].
b. All reports required by the permit and other information requested by the Permit Issuing Authority shall be
signed by a person described in paragraph a. above or by a duly authorized representative 'of that person. A
person is a duly authorized representative only if:
1. The authorization is made in writing by a person described above;
2. The authorization specified either an individual or a position having responsibility for the overall
operation of the regulated facility or activity, such as the position of plant manager, operator of a well or
well field, superintendent, a position of equivalent responsibility, or an individual or position having
overall responsibility for environmental matters for the company. (A duly authorized representative may
thus be either a named individual or any individual occupying a named position.); and
3. The written authorization is submitted to the Permit Issuing Authority [40 CFR 122.22]
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c. Changes to authorization: If an authorization under paragraph (b) of this section is no longer accurate
because a different individual or position has responsibility for the overall operation of the facility, a new
authorization satisfying the requirements of paragraph (b) of this section must be submitted to the Director
prior to or together with any reports, information, or applications to be signed by an authorized
representative [40 CFR 122.22]
d. Certification. Any person signing a document under paragraphs a. or b. of this section shall make the
following certification [40 CFR 122.22]:
"1 certify, under penalty of law, that this document and all attachments were prepared under my direction or
supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate
the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons
directly responsible for gathering the information, the information submitted is, to the best of my knowledge and
belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information,
including the possibility of fines and imprisonment for knowing violations."
12. Permit Actions
This permit may be modified, revoked and reissued, or terminated for cause. The filing of a request by the
Permittee for a permit modification, revocation and reissuance, or termination, or a notification of planned
changes or anticipated noncompliance does not stay any permit condition [40 CFR 122.41 (f)].
13. Permit Modification. Revocation and Reissuance or Termination
The issuance of this permit does not prohibit the permit issuing authority from reopening and modifying the
permit, revoking and reissuing the permit, or terminating the permit as allowed by the laws, rules, and regulations
contained in Title 40, Code of Federal Regulations, Parts 122 and 123; Title 15A of the North Carolina
Administrative Code, Subchapter 2H .0100; and North Carolina General Statute 143-215.1 et. al.
14. Annual Administering and Compliance Monitoring Fee Requirements
The Permittee must pay the annual administering and compliance monitoring fee within thirty days after being
billed by the Division. Failure to pay the fee in a timely manner in accordance with 15A NCAC 2H.0105 (b) (4)
may cause this Division to initiate action to revoke the permit.
Section C. Operation and Maintenance of Pollution Controls
Certified Operator
Upon classification of the permitted facility by the Certification Commission, the Permittee shall employ a
certified water pollution control treatment system operator in responsible charge (ORC) of the water pollution
control treatment system. Such operator must hold a certification of the grade equivalent to or greater than the
classification assigned to the water pollution control treatment system by the Certification Commission. The
Permittee must also employ one or more certified Back-up ORCs who possess a currently valid certificate of the
type of the system. Back-up ORCs must possess a grade equal to (or no more than one grade less than) the grade
of the system [15A NCAC 8G.0201].
The ORC of each Class I facility must:
➢ Visit the facility at least weekly
➢ Comply with all other conditions of 15A NCAC 8G.0204.
The ORC of each Class II, III and IV facility must:
➢ Visit the facility at least daily, excluding weekends and holidays
➢ Properly manage and document daily operation and maintenance of the facility
➢ Comply with all other conditions of 15A NCAC 8G.0204.
Once the facility is classified, the Permittee shall submit a letter to the Certification Commission designating the
operator in responsible charge:
a. Within 60 calendar days prior to wastewater being introduced into a new system
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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. Bussing 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)]
0) Anticipated bypass. If the Permittee knows in advance of the need for a bypass, it shall submit prior
notice, if possible at least ten days before the date of the bypass; including an evaluation of the
anticipated quality and effect of the bypass.
(2) Unanticipated bypass. The Permittee shall submit notice of an unanticipated bypass as required in Part
II. E. 6. (24-hour notice).
c. Prohibition of Bypass
(1) Bypass from the treatment facility is prohibited and the Permit Issuing Authority may take enforcement
action against a Permittee for bypass, unless:
(A) Bypass was unavoidable to prevent loss of life, personal injury or severe property damage;
(B) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities,
retention of untreated wastes or maintenance during normal periods of equipment downtime. This
condition is not satisfied if adequate backup equipment should have been installed in the exercise of
reasonable engineering judgment to prevent a bypass which occurred during normal periods of
equipment downtime or preventive maintenance; and
(C) The Permittee submitted notices as required under Paragraph b. of this section.
(2) Bypass from the collection system is prohibited and the Permit Issuing Authority may take enforcement
action against a Permittee for a bypass as provided in any current or future system -wide collection system
permit associated with the treatment facility.
(3) The Permit Issuing Authority may approve an anticipated bypass, after considering its adverse effects, if
the Permit Issuing Authority determines that it will meet the three conditions listed above in Paragraph c.
(1) of this section.
5. Upsets
a. Effect of an upset [40 CFR 122.41 (n) (2)]: An upset constitutes an affirmative defense to an action
brought for noncompliance with such technology based permit effluent limitations if the requirements of
paragraph b. of this condition are met. No determination made during administrative review of claims that
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noncompliance was caused by upset, and before an action for noncompliance, is final administrative action
subject to judicial review.
b. Conditions necessary for a demonstration of upset: A Permittee who wishes to establish the
affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or
other relevant evidence that:
(1) An upset occurred and that the Permittee can identify the cause(s) of the upset;
(2) The Permittee facility was at the time being properly operated; and
(3) The Permittee submitted notice of the upset as required in Part II. E. 6. (b) (B) of this permit.
(4) The Permittee complied with any remedial measures required under Part II. B. 2. of this permit.
d. Burden of proof [40 CFR 122.41 (n) (4)]: The Permittee seeking to establish the occurrence of an
upset has the burden of proof in any enforcement proceeding.
6. Removed Substances
Solids, sludges, filter backwash, or other pollutants removed in the course of treatment or control of wastewaters
shall be utilized/disposed of in accordance with NCGS 143-215.1 and in a manner such as to prevent any pollutant
from such materials from entering waters of the State or navigable waters of the United States. The Permittee
shall comply with all existing Federal regulations governing the disposal of sewage sludge. Upon promulgation of
40 CFR Part 503, any permit issued by the Permit Issuing Authority for the utilization/disposal of sludge may be
reopened and modified, or revoked and reissued, to incorporate applicable requirements at 40 CFR 503. The
Permittee shall comply with applicable 40 CFR 503 Standards for the Use and Disposal of Sewage Sludge (when
promulgated) within the time provided in the regulation, even if the permit is not modified to incorporate the
requirement. The Permittee shall notify the Permit Issuing Authority of any significant change in its sludge use
or disposal practices.
7. Power Failures
The Permittee is responsible for maintaining adequate safeguards (as required by 15A NCAC 211.0124 —
Reliability) to prevent the discharge of untreated or inadequately treated wastes during electrical power failures
either by means of alternate power sources, standby generators or retention of inadequately treated effluent.
Section D. Monitoring and Records
1. Representative Sampling
Samples collected and measurements taken, as required herein, shall be characteristic of the volume and nature of
the permitted discharge. Samples collected at a frequency less than daily shall be taken on a day and time that is
characteristic of the discharge over the entire period the sample represents. All samples shall be taken at the
monitoring points specified in this permit and, unless otherwise specified, before the effluent joins or is diluted
by any other wastestream, body of water, or substance. Monitoring points shall not be changed without
notification to and the approval of the Permit Issuing Authority [40 CFR 122.41
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 (NIR 1, 1.1, 2, 3) or alternative forms approved by the
Director, postmarked no later than the 28th day following the completed reporting period.
The first DMR is due on the last day of the month following the issuance of the permit or in the case of a new
facility, on the last day of the month following the commencement of discharge. Duplicate signed copies of
these, and all other reports required herein, shall be submitted to the following address:
NC DENR / Division of Water Quality / Water Quality Section
ATTENTION: Central Files
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
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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
Section 304(g), 33 USC 1314, of the Federal Water Pollution Control Act (as Amended), and 40 CFR 136; or in
the case of sludge use or disposal, approved under 40 CFR 136, unless otherwise specified in 40 CFR 503, unless
other test procedures have been specified in this permit [40 CFR 122.41].
To meet the intent of the monitoring required by this permit, all test procedures must produce minimum
detection and reporting levels that are below the permit discharge requirements and all data generated must be
reported down to the minimum detection or lower reporting level of the procedure. If no approved methods are
determined capable of achieving minitnum detection and reporting levels below permit discharge requirements,
then the most sensitive (method with the lowest possible detection and reporting level) approved method must
be used.
5. Penalties for Tampering
The Clean Water Act provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any
monitoring device or method required to be maintained under this permit shall, upon conviction, be punished by
a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or
by both. If a conviction of a person is for a violation committed after a first conviction of such person under this
paragraph, punishment is a fine of not more than $20,000 per day of violation, or by imprisonment of not more
than 4 years, or both [40 CFR 122.41].
6. Records Retention
Except for records of monitoring information required by this permit related to the Permittee's sewage sludge
use and disposal activities, which shall be retained for a period of at least five years (or longer as required by 40
CFR 503), the Permittee shall retain records of all monitoring information, including:
➢ all calibration and maintenance records
➢ all original strip chart recordings for continuous monitoring instrumentation
➢ copies of all reports required by this permit
➢ copies of all data used to complete the application for this permit
These records or copies shall be maintained for a period of at least 3 years from the date of the sample,
measurement, report or application. This period may be extended by request of the Director at any time [40 CFR
122.41].
7. Recording Results
For each measurement or sample taken pursuant to the requirements of this permit, the Permittee shall record
the following information [40 CFR 122.41]:
a. The date, exact place, and time of sampling or measurements;
b. The individual(s) who performed the sampling or measurements;
c. The date(s) analyses were performed;
d. The individual(s) who performed the analyses;
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e. The analytical techniques or methods used; and
f. The results of such analyses.
S. Inspection and Entn y
The Permittee shall allow the Director, or an authorized representative (including an authorized contractor acting
as a representative of the Director), upon the presentation of credentials and other documents as may be required
by law, to;
a. Enter upon the Permittee's premises where a regulated facility or activity is located or conducted, or where
records must be kept under the conditions of this permit;
b. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this
permit;
c. Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices,
or operations regulated or required under this permit; and
d. Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise
authorized by the Clean Water Act, any substances or parameters at any location [40 CFR 122.41 (i)].
Section E Reporting Requirements
1. Change in Discharge
All discharges authorized herein shall be consistent with the terms and conditions of this permit. The discharge
of any pollutant identified in this permit more frequently than or at a level in excess of that authorized shall
constitute a violation of the permit.
2. Planned Changes
The Permittee shall give notice to the Director as
additions to the permitted facility [40 CFR 122.410)].
soon as possible of any planned physical alterations or
Notice is required only when:
a. The alteration or addition to a permitted facility may meet one of the criteria for new sources at 40 CFR
122.29 (b); or
b. The alteration or addition could significantly change the nature or increase the quantity of pollutants
discharged. This notification applies to pollutants subject neither to effluent limitations in the permit, nor to
notification requirements under 40 CFR 122.42 (a) (1).
c. The alteration or addition results in a significant change in the Permittee's sludge use or disposal practices,
and such alternation, addition or change may justify the application of permit conditions that are different
from or absent in the existing permit, including notification of additional use or disposal sites not reported
during the permit application process or not reported pursuant to an approved land application plan.
3. 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 (l).(3)].
5. Monitoring Reports
Monitoring results shall be reported at the intervals specified elsewhere in this permit [40 CFR 122.41 (1) (4)].
a. Monitoring results must be reported on a Discharge Monitoring Report (DMR) (See Part II. D. 2) or forms
provided by the Director for reporting results of monitoring of sludge use or disposal practices.
b. If the Permittee monitors any pollutant more frequently than required by this permit, the results of such
monitoring shall be included in the calculation and reporting of the data submitted on the DMR.
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6. Twen" -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 howl may also be reported to the Division's Emergency Response
personnel at [phone], [phone] or [phone].
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 122.410) (8)].
Noncompliance Notification
The Permittee shall report by telephone to either the central office or the appropriate .regional office of the
Division as soon as possible, but in no case more than 24 hours or on the next working day following the
occurrence or first knowledge of the occurrence of any of the following:
a. Any occurrence at the water pollution control facility which results in the discharge of significant amounts of
wastes which are abnormal in quantity or characteristic, such as the dumping of the contents of a sludge
digester; the known passage of a slug of hazardous substance through the facility; or any other unusual
circumstances.
b. Any process unit failure, due to known or unknown reasons, that render the facility incapable of adequate
wastewater treatment such as mechanical or electrical failures of pumps, aerators, compressors, etc.
c. Any failure of a pumping station, sewer line, or treatment facility resulting in a by-pass directly to receiving.
waters without treatment of all or any portion of the influent to such station or facility.
Persons reporting such occurrences by telephone shall also file a written report within 5 days following first
knowledge of the occurrence.
10. Availability of Reports
Except for data determined to be confidential under NCGS 143-215.3 (a)(2) or Section 308 of the Federal Act, 33
USC 1318, all reports prepared in accordance with the terms shall be available for public inspection at the offices
of the Division of Water Quality. As required by the Act, effluent data shall not be considered confidential.
Knowingly making any false statement on any such report may result in the imposition of criminal penalties as
provided for in NCGS 143-215.1 (b)(2) or in Section 309 of the Federal Act.
11. Penalties for Falsification of Reports
The Clean Water Act provides that any person who knowingly makes any false statement, representation, or
certification in any record or other document submitted or required to be maintained under this permit, including
monitoring reports or reports of compliance or noncompliance shall, upon conviction, be punished by a fine of
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09 NPDES Permit Requirements
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not more than $25,000 per violation, or by imprisonment for not more than two year's per violation, or by both
[40 CFR 122.411.
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, not add to the plant's treatment
capacity, not change the treatment process(es) utilized at the treatment plant unless the Division has issued an
Authorization to Construct (AtC) permit. Issuance of an AtC will not occur until Final Plans and Specifications for
the proposed construction have been submitted by the Permittee and approved by the Division.
_Section B. Groundwater Monitoring
The Permittee shall, upon written notice from the Director of the Division of Water Quality, conduct groundwater
monitoring as may be required to determine the compliance of this NPDES permitted facility with the current
groundwater standards.
Section C. Changes in Discharges of Toxic Substances
The Permittee shall notify the Permit Issuing Authority as soon as it knows or has reason to believe (40 CFR 122.42):
a. That any activity has occurred or will occur which would result in the discharge, on a routine or frequent
basis, of any toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the
following "notification levels";
(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 0 mg/L) for antimony;
(3) Ten times the maximum concentration value reported for that pollutant in the permit application.
Section D. Evaluation of Wastewater Discharge Alternatives
The Permittee shall evaluate all wastewater disposal alternatives and pursue the most environmentally sound
alternative of the reasonably cost effective alternatives. If the facility is in substantial non-compliance with the terms
and conditions of the NPDES permit or governing rules, regulations or laws, the Permittee shall submit a report in
such form and detail as required by the Division evaluating these alternatives and a plan of action within 60 days of
notification by the Division.
Section E. Facility Closure Requirements
The Permittee must notify the Division at least 90 days prior to the closure of any wastewater treatment system
covered by this permit. The Division may require specific measures during deactivation of the system to prevent
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adverse impacts to waters of the State. This permit cannot be rescinded while any activities requiring this permit
continue at the permitted facility.
PART IV
SPECIAL CONDITIONS FOR MUNCIPAL FACILITIES
Section A. Publicly Owned Treatment Works (POTWs),
All POTWs must provide adequate notice to the Director of the following:
1. Any new introduction of 'pollutants into, the POTW from an indirect discharger which would be subject to
section 301 or 306 of CWA if it were directly discharging those pollutants; and
2. , Any substantial change in the volume or character of pollutants being introduced by an indirect discharger
as influent to that POTW at the time of issuance of the permit.
3. For purposes of this paragraph, adequate notice shall include information on (1) the quality and quantity of
effluent introduced into the POTW, and (2) any anticipated impact of the change on the quantity or quality
of effluent to be discharged from the POTW.
Section B. Municipal Control of Pollutants from Industrial Users.
Effluent limitations are listed in Part I of this permit. Other pollutants attributable to inputs from
industries using the municipal system may be present in the Permittee's discharge. At such time as
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.
Under no circumstances shall the Permittee allow introduction of the following wastes in the waste
treatment system:
a. Pollutants which create a fire or explosion hazard in the POTW, including, but not limited to,
wastestreams with a closed cup flashpoint of less than 140 degrees Fahrenheit or 60 degrees
Centigrade using the test methods specified in 40 CFR 261.21;
b. Pollutants which will cause corrosive structural damage to the POTW, but in no case Discharges
with pH lower than 5.0, unless the works is specifically designed to accommodate such Discharges;
C. Solid or viscous pollutants in amounts which will cause obstruction to the flow in the POTW
resulting in Interference;
d. Any pollutant, including oxygen demanding pollutants (BOD, etc.) released in a Discharge at a flow
rate and/or pollutant concentration which will cause Interference with the POTW;
e. Heat in amounts which will inhibit biological activity in the POTW resulting in Interference, but in
no case heat in such quantities that the temperature at the POTW Treatment Plant exceeds 40°C
(104°F) unless the Division, upon request of the POTW, approves alternate temperature limits;
f. Petroleum oil, nonbiodegradable cutting oil, or products of mineral oil origin in amounts that will
cause interference or pass through;
g. Pollutants which result in the presence of toxic gases, vapors, or fumes within the POTW in a
quantity that may cause acute worker health and safety problems;
h. Any trucked or hauled pollutants, except at discharge points designated by the POTW.
3. With regard to the effluent requirements listed in Part I of this permit, it may be necessary for the
Permittee to supplement the requirements of the Federal Pretreatment Standards (40 CFR, Part 403) to
ensure compliance by the Permittee with all applicable effluent limitations. Such actions by the Permittee
may be necessary regarding some or all of the industries discharging to the municipal system.
4. The Permittee shall require any industrial discharges sending influent to the permitted system to meet
Federal Pretreatment Standards promulgated in response to Section 307(b) of the Act. Prior to accepting
wastewater from any significant industrial user, the Permittee shall either develop and submit to the
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Division a Pretreatment Program for approval per 15A NCAC 2H .0907(a) or modify an existing
Pretreatment Program per 15A NCAC 21-1.0907(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 die 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 (SUO)
The Permittee shall maintain adequate legal authority to implement its approved pretreatment program.
2. Industrial Waste Survey gWS)
The Permittee shall update its Industrial Waste Survey (IWS) to include all users of the sewer collection
system at least once every five years.
3. Monitoring Plan
The Permittee shall implement a Division approved Monitoring Plan for the collection of facility specific
data to be used in a wastewater treatment plant Headworks Analysis (HWA) for the development of
specific pretreatment local limits. Effluent data from the Plan shall be reported on the DMRs (as required
by Part II, Section D, and Section E.S.).
4. Headworks Anal sis (HWA) and Local Limits
The Permittee shall obtain Division approval of a Headworks Analysis (HWA) at least once every five
years, and as required by the Division. Within 180 days of the effective date of this permit (or any
subsequent permit modification) the Permittee shall submit to the Division a written technical evaluation
of the need to revise local limits (i.e., an updated HWA or documentation of why one is not needed) [40
CFR 122.42]. The Permittee shall develop, in accordance with 40 CFR 403.5(c) and 15A NCAC 2H .0909,
specific Local Limits to implement the prohibitions listed in 40 CFR 403.5(a) and (b) and 15A NCAC 2H
.0909.
Industrial User Pretreatment Permits (IUP) & Allocation Tables
In accordance with NCGS 143-215.1, the Permittee shall issue to all significant industrial users, permits for
operation of pretreatment equipment and discharge to the Permittee's treatment works. These permits
shall contain limitations, sampling protocols, reporting requirements, appropriate standard and special
conditions, and compliance schedules as necessary for the installation of treatment and control
technologies to assure that their wastewater discharge will meet all applicable pretreatment standards and
requirements. The Permittee shall maintain a current Allocation Table (AT) which summarizes the results
of the Headworks Analysis (HWA) and the limits from all Industrial User Pretreatment Permits (IUP).
Permitted IUP loadings for each parameter cannot exceed the treatment capacity of the POTW as
determined by die HWA.
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Authorization to Construct (A to C)
The Permittee shall ensure that an Authorization to Construct permit (AtC) is issued to all applicable
industrial users for the construction or modification of any pretreatment facility. Prior to the issuance of
an AtC, the proposed pretreatment facility and treatment process must be evaluated for its capacity to
comply with all Industrial User Pretreatment Permit (IUP) limitations.
7. POTW Insspection & Monitoringy of their SIUs
The Permittee shall conduct inspection, surveillance, and monitoring activities as described ui its Division
approved pretreatment program in order to determine, independent of information supplied by industrial
users, compliance with applicable pretreatment standards. The Permittee must:
a. Inspect all Significant Industrial Users (SIUs) at least once per calendar year; and
b. Sample all Significant Industrial Users (SIUs) at least twice per calendar year for all permit -
limited pollutants, once during the period from January 1 through June 30 and once during the
period from July 1 through December 31, except for organic compounds which shall be sampled
once per calendar year;
8. SIU Self Monitoring and Reporting
The Permittee shall require all industrial users to comply with the applicable monitoring and reporting
requirements outlined in the Division approved pretreatment program, the industry's pretreatment permit,
or in 15A NCAC 2H .0908.
Enforcement Response Plan BRP)
The Permittee shall enforce and obtain appropriate remedies for violations of all pretreatment standards
promulgated pursuant to section 307(b) and (c) of the Clean Water Act (40 CFR 405 et. seq.), prohibitive
discharge standards as set forth in 40 CFR 403.5 and 15A NCAC 2H .0909, and specific local limitations.
All enforcement actions shall be consistent with the Enforcement Response Plan (ERP) approved by the
Division.
10. Pretreatment Annual Reports (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 all other active pretreatment programs, the Permittee shall submit two copies of a Pretreatment Annual
Report (PAR) describing its pretreatment activities over the previous twelve months to the Division at the
following address:
NC DENR / DWQ / Pretreatment Unit
1617 Mail Service Center
Raleigh, NC 27699-1617
These reports shall be submitted according to a schedule established by the Director and shall contain the
following:
a.) Narrative
A brief discussion of reasons for, status of, and actions taken for all Significant Industrial
Users (SIUs) in Significant Non -Compliance (SNC);
b.) Pretreatment Program Summaa (PPS)
A pretreatment program summary (PPS) on specific forms approved by the Division;
c.) Significant Non -Compliance Report SNCR)
The nature of the violations and the actions taken or proposed to correct the violations on
specific forms approved by the Division;
d.) Industrial Data Summary Forms (IDSF)
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09 NPDES Permit Requirements
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Monitoring data from samples collected by both the POTW and the Significant Industrial
User (SIU). These analytical results must be reported on Industrial Data Summary Forms
(IDSF) or other specific format approved by the Division;
e.) Other Information
Copies of the POTW's allocation table, new or modified enforcement compliance schedules,
public notice of SIUs in SNC, and any other information, upon request, which in the
opinion of the Director is needed to determine compliance with the pretreatment
implementation requirements of this permit;
11. Public Notice
The Permittee shall publish annually a list of Significant Industrial Users (SIUs) that were in Significant
Non -Compliance (SNC) as defined in the Permittee's Division approved Sewer Use Ordinance with
applicable pretreatment requirements and standards during the previous twelve month period. This list
shall be published within four months of the applicable twelve-month period.
12. Record Keeping
The Permittee shall retain for a minimum of three years records of monitoring activities and results, along
with support information including general records, water quality records, and records of industrial impact
on the POTW.
13. Funding and Financial Report
The Permittee shall maintain adequate funding and staffing levels to accomplish the objectives of its
approved pretreatment program.
14. Modification to Pretreatment Programs
Modifications to the approved pretreatment program including but not limited to local limits
modifications, POTW monitoring of their Significant Industrial Users (SIUs), and Monitoring Plan
modifications, shall be considered a permit modification and shall be governed* by 15 NCAC 2H .0114 and
15A NCAC 211.0907.
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v I.��jLa
NCDI
5
o -c
Linda Isaacs
Owner
P.O. Box 909
Marion, North Carolina 28752
Dear Ms. Isaacs:
North Carolina Department of
August 13, 2004
William G. Ross, Jr., Secretary
onment and Natural Resources
Alan W. Klimek, P.E., Director
((� Division o�f(jW�te - ity
k�9 E 1'1 E
D
IAUG1924 0�
WATER QUALITY SECTION
Subject: Receipt of permit renewal application
NPDES Permit NCO075333
McDowell Assisted Living, LLC
Henderson County
The NPDES Unit received your permit renewal application on July 1, 2004. We need one additional item in
order to process your permit renewal:
♦ Solids handling and disposal. How often are solids (sludge) removed from your facility? How are
solids disposed after removal?
Charles Weaver of the NPDES Unit will review your application. Mr. Weaver 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 520.
Sincerely,
&Aj� bX--4-ff--
Carolyn Bryanb
Point Source Branch
cc: CENTR-L_FILES
�'`lilie���11egiana'laQffic ter +QuahtpYSechon�-'
NPDES Unit
N. C. Division of Water Quality / NPDES Unit Phone: [phone] Fax: [phone]
1617 Mail Service Center, Raleigh, NC 27699-1617 DENR Customer Service Center:1 800 623-7748
Internet: h2o.enr.statem.us e-mail: [e-mail]

N. C. Dep: - ent of Environment and Natural P- -irces
I7 [on of Water Quality / NPDES Uni
1617 Kau jervice Center, Raleigh, NC 2769u-iv17
http://hZo.enr.state.nc.us/NPDES.,�-�-'.-
North Carolina NPDES Permit Number
1. Contact Information:
Facility Name
Owner Name
Street Address
City
State / Zip Code
Telephone Number
Fax Number
e-mail Address
Operator.Name
Street Address
City
State / Zip Code
County
Telephone Number
OWM919s'�_ Zvtmwa.
Please print or type
1
�li.1i'df SOL" • sc�L �iir,i9Cli
O 909s.-
sr
/U a Y+k Cr.,ra 1 i n G_�-
����
2. Location of facility producing discharge:
Check here if same as above ❑
Facility Name (if different from above)
Street Address or State Road /UC L sb W
City M0_.Y ib)i
State / Zip Code NO rA Le'n) i"n a -
County ► 1 C-N_L;el
3. Reason for application:
Expansion/Modification * Existing Unpermitted Discharge
Renewal_ New Facility
* Please provide a description of the expansion/modification:
Page 1 of 3 Version 12102

4. Description of the existi.,,g treatment facilities (list all installer-u-nponents with
capacities):
5. Description of wastewater (check all that apply):
Tyne of Facility Generating Wastewater
Industrial Number of Employees
Commercial Number of Employees
Residential Number of Homes
School Number of Students/Staff
Other
Describe the source(s) of wastewater (example: subdivision, mobile home park, etc.):
e4-sue o 5.-
6. List all permits, construction approvals and/or applications (check all that apply):
a em Permit Number Tie Permit Number
RCRA
UIC h
NPDES A/C, 60 '7s"3� 3
PSD
NESHAPS
Non -Attainment
Ocean Dumping
Dredge/Fill Permits
Other
7. Number of separate wastewater discharge pipes (wastewater outfalls):
any
S. If the facility has multiple discharge outfalls, record the source(s) of wastewater for each
outfall:
Page 2 of 3 Version 12102

9. Name of receiving sltn 1� _s) (Providea map. showing the exaci,vcation of each outfall):
/U 0 YA M Ia 4i C-re l-k
10. Is this facility located on Native American lands? (check one)
YES ❑ NO V
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.
0
NoM Carolina Genera! Statute 143-215.6(b)(2) 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 arty
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 riot 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 3 of 3 Version 12102

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9Ma �C ^C GLENWOOD
Latitude: 35"38'45" N C 0 0 7 5 3 5 3 Facility
Longitude: 81'56' 1 d" -
Quad # EI INW Location
Strtarn Class: C Rocky Pass -Adu-I-t--Care
Subbasin: 30830
ReceiNing Stream: North Muddy Creek North, SCALE 1 :24000

I
State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
Michael F. Easley, Governor
William G. Ross Jr., Secretary
Kerr T. Stevens, Director
Ms. Linda Isaacs
McDowell Assisted Living, LLC
PO Box 909
Marion, North Carolina 28752
Dear Ms. Isaacs:
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
May 18, 2001
I
MAY 2 12001
Subject: NPDES Permit Modification Name/Ownership Change
Permit NCO075353
McDowell Assisted Living, LLC
(Formerly Rocky Pass Adult Care, LLC)
McDowell County
In accordance with your request received April 27, 2001, the Division is forwarding the subject permit modification.
This modification documents the change in name at the subject facility. All other terms and conditions in the original permit
remain unchanged and in full effect. This permit modification is issued under 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 December 6, 1983.
If any parts, measurement frequencies or sampling requirements contained in this permit modification 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 a written petition conforming to Chapter 150B of the North Carolina General
Statutes, filed with the Office of Administrative Hearings, Post Office Drawer 27447, Raleigh, North Carolina 27611-7447.
Unless such demand is made, this decision shall be final and binding.
This permit does not affect the legal requirement to obtain other permits which may be required by the Division of
Water Quality, the Division of Land Resources, Coastal Area Management Act, or any other Federal or Local government
permit that may be required. If you have any questions concerning this permit, please contact Valery Stephens at the
telephone number or address listed below.
cc Central_Eiles
l�she il.le-Regional Office, Water Quality Section
NPDES Unit
Point Source Compliance Enforcement Unit
1617 Mail Service Center, Raleigh, North Carolina 27699-1617
VISIT US ON THE INTERNET @ http://h2o.enr.state.nc.us/
Sincerely,
44-�* i
�A_Keogv��'
rr T. Stevens
919 733-5083, extension 520 (fax) 919 733-0719
[e-mail]

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Permit NC0075353
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
PERMIT
TO DISCHARGE WASTEWATER UNDER THE
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
In compliance with the provision of North Carolina General Statute 143-215.1, other lawful standards and regulations
promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution
Control Act, as amended,
McDowell Assisted Living, LLC
is hereby authorized to discharge wastewater from a facility located at
McDowell Assisted Living WWTP
NC Highway 226
Marion
McDowell County
to receiving waters designated as North Muddy Creek in the Catawba 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 May 18, 2001.
This permit and authorization to discharge shall expire at midnight on December 31, 2004.
Signed this day May 18, 2001.
ioNKerr T. Stevens, Director
Division of Water Quality
By Authority of the Environmental Management Commission

A
to Permit NC0075353
I
SUPPLEMENT TO PERMIT COVER SHEET
McDowell Assisted Living, LLC, isj hereby authorized to:
1. Continue to operate an existing 0.010 MGD wastewater treatment facility with the following
components:
♦ Extended aeration basin
♦ Clarifier
♦ Chlorination equipment
♦ Sludge digester
The facility is located at McDowell Assisted Living WWTP on NC Highway 226, southeast of
Marion, in McDowell County.
2. Discharge from said treatment works at the location specified on the attached map into North Muddy
Creek, classified C waters in the Catawba River Basin.

W �?% Michael F. Easley, Governor
William G. Ross Jr., Secretary
es
North Carolina Department of Environment and Natural Resources
r Alan W. Klimek, P. E. Director
LL —{ Division of Water Quality
O `C Colcen H. Sullins, Deputy Director
Division of Water Quality
Asheville Regional Office
INATE R QUALIFY ECTIO
I
epl"te be 29, i2 03
Ms. Linda Isaacs
McDowell Assisted Living, LLC
Post Office Box 909
Marion, North Carolina 28752
Subject: Compliance Evaluation Inspection
Status: Compliant
McDowell Assisted Living, LLC
NPDES Permit NCO075353
McDowell County -
Dear Ms. Isaacs:
On September 18, 2003, 1 conducted a Compliance Evaluation Inspection of the wastewater
treatment plant servicing the McDowell Assisted Living, LLC, along with Mr. Harry James, Mr. Steve
Nanney, , and Mr. James Smith of James and James Environmental Management. The assistance
provided by them was greatly appreciated. The purposeof the inspection was to determine the
compliance status of the wastewater treatment plant. The facility was determined to be in
compliance. A copy of the inspection report is enclosed for your information.
During my inspection I observed that the facility was clean. The operators log was on -site
and well maintained. There was 1 tube of chlorine in use in the chlorinator. Both blowers were
operational and the belts and air filter were in good condition'.
If you have any questions regarding this inspection or `any other water quality issue, you
may contact me at [phone].
Sincerely,
Michael McDonald
Environmental Technician
Enclosure
xc: James and James Environmental Management
59 Woodfin Place Asheville, North Carolina 28801 Telephone [phone] Fax [phone] 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 U 2 U . 31 NCO075353 111 121 03/09/18 117 18 ICI 191 S I 20 U
u u
Remarks
211111 11111111 1111 11111111 1111 1111 1111 1111111111166
Inspection Work Days Facility Self -Monitoring Evaluation Rating 131 QA -------Reserved----
67 I 169 70 U 71 U 72 U 73 W 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)
10:00 AM 03/09/18
00/05/01
McDowell Assisted Living, LLC
Exit Time/Date
Permit Expiration Date
Rt 9 Box 415
Marion NC 28752
10:40 AM 03/09/18
04/12/31
Name(s) of Onsite Representative(s)fritles(s)/Phone and Fax Number(s)
Other Facility Data
James Glen Smith/ORC/828-245-3515/
Linda Issacs//828-652-3033/
Harry James//828-697-0063/
Name, Address of Responsible Officialffitle/Phone and Fax Number
Contacted
Linda Issacs,PO Box 909 Marion NC 28752//828-652-3033/
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)
The facility was clean. The operators log was on -site and well maintained. There was 1 tube of
chlorine in use in the chlorinator. Both blowers were operational and the belts and air filter were in
good condition.
Name(s) and Signature(s) of Inspector(s) Agency/Office/Phone and Fax Numbers Date
Michael McDonald. ARO WQ//828-251-6208/828-251-6452
Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date
�O �zS./. 4!520�3
EPA Form 3560-3 (Rev 9-94) Previous editions are obsolete.

State of North Carolin
Department of Environment
and Natural Resources
Division of Water Quality
Michael F. Easley, Governor
William G. Ross Jr., Secretary
Alan W. Klimek, P. E., Director
Ms. Linda Isaacs
McDowell Assisted Living, LLC
PO Box 909
Marion, North Carolina 28752
�••
I _
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
May 30, 2003
JUN G 2003 _.o
i
Subject: Per Name/Ownership Change
Permit Number NCO075353
McDowell Assisted Living, LLC
Formerly (Rocky Pass Adult Care LLC)
McDowell County
Dear Ms. Isaacs:
In accordance with Division policy, we must hereby return the attached
Name/Ownership change request. After a preliminary review, the Division has
determined that the request package lacks the following items:
• Supporting legal documentation, such as a contract, deed, or article
of incorporation
If you have any questions about the Name/Owne'rship change process, please
contact me at telephone number [phone], extension 520.
Sincerely, I
r.
Valery Stephens
Cc: Central Files
File Copy
sLey75ll—e Regional Office
1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 500/81 recycled/ 10% post -consumer paper
I

NORTH CAROLINA DEPARTMENT
OF ENVIRONMENT AND NATURAL RESOURCES
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2090 U.S. HIGHWAY 70:
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or on the front if space permits.
Article Addressed to:
Linda G Isaacs
McDowell Assisted Living LLC
PO Box 909
Marion, NC 28752-0909
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or on the front if space permits.
Article Addressed to:
Linda G Isaacs
McDowell Assisted Living LLC
PO Box 909
Marion, NC 28752-0909
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MCDOWELL ASSISTED LIVING LLC
POST OFFICE BOX 909
MARION NC 28752
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