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HomeMy WebLinkAboutNC0067148_Regional Office Physical File Scan Up To 10/6/2020Facility Nebo Elementary School NPDES Permit Number NC0067148 Issued Date 05/01 /00 Expiration Date 12/31/04 County McDowell Mailing Address McDowell County Schools _ 709 Sugar Hill Road Marion, NC 28752 Responsible Official Garvin Trinks, Maintenance Supervisor Official's Phone Number 828.652.5504 ORC Steve Nanny, James and James ORC's Phone Number 828.697.0063 Location NCSR 1536 Nebo, NC Stream UT to Shadrick Creek Class C 7Q10 0.2 cfs I Water Resources. E14? 3#�1tiE€ G41AL:ou'k Cry Certified Mail # 7016 1370 000165717914 Return Receipt Requested May 23, 2017 Garvin Trinks McDowell County Schools 709 Sugar Hill Rd Marion, NC 28752 SUBJECT: NOTICE OF VIOLATION Tracking Number: NOV-2017-LV-0374 Permit No. NCO067148 Nebo Elementary School WWTP McDowell County Dear Permittee: ROY COOPER �a�+�xtor MI:CHAEL S. RI.`EGAN: S���ti2�at'9` S. ,)AY ZIMMERMAN Dtr'r ctor- A review of the December 2016 Discharge Monitoring Report (DMR) for the subject facility revealed the violation indicated below: Limit Exceedance Violation(s): Sample Location Parameter Limit Reported Date Value Value Type of Violation 001 Effluent BOD, 5-Day (20 Deg. C) - 12/7/2016 45 55.5 Daily Maximum Exceeded Concentration (C0310) Remedial actions, if not already implemented, should be taken to correct any noted problems. The Division of Water Resources may pursue enforcement actions for this and any additional violations. If 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). 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 NPDES Compliance/Enforcement Unit - Enforceme G:\WR\WQ\McDowell\Wastewater\Minors\Nebo School 67148\NOV2017LV0374 �_ 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 0001 65719451 Return Receipt Requested May 22, 2017 Garvin Trinks McDowell County Schools 709 Sugar Hill Rd Marion, NC 28752 SUBJECT: NOTICE OF VIOLATION Tracking Number: NOV-2017-LV-0364 Permit No. NCO067148 Nebo Elementary School WWTP McDowell County Dear Permittee: A review of the January 2017 Discharge Monitoring Report (DMR) for the subject facility revealed the violation indicated below: Limit Exceedance Violation(s): Sample Limit Reported Location Parameter Date Value Value Type of Violation 001 Effluent Solids, Total Suspended 1/5/2017_ 45 57.3 Daily Maximum 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.. State of North Carolina I Environmental Quality I Water Resources 2090 U.S. 70 Highway, Swannanoa, NC 28778 828-296-4500 If you have any questions concerning this matter, please contact 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 NPDES Compliance/Enforcement Unit - Enforcement File G:\WR\WQ\McDowell\Wastewater\Minors\Nebo School 67148\NOV-2017-LV-0364.rtf State of North Carolina I Environmental Quality I Water Resources 2090 U.S. 70 Highway, Swannanoa, NC 28778 828-296-4500 FJ ELM NC®ENR North Carolina Department of Environment and Natural Resources Pat McCrory Donald R. van der Vaart Governor Secretary May 18, 2015 Garvin Trinks McDowell County Schools 709 Sugar Hill Rd Marion NC 28752 SUBJECT: Compliance Evaluation Inspection Nebo Elementary School WWTP Permit No: NCO067148 McDowell County Dear Mr. Trinks: Enclosed please find a copy of the Compliance Evaluation Inspection conducted on April 16, 2015. No violations of permit requirements or applicable regulations were observed during this inspection. The facility appeared to be in Compliance with permit NC0067148. 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, Timothy Heim Environmental Engineer Enclosure cc: Juanita James, ORC Central Files VATs-heval<lEF-le_ s_�_ G:\WR\WQ\McDowell\Wastewater\Minors\Nebo School 67148\67148 CEI 2015.doc Water Quality Regional Operations —Asheville Regional Office 2090 U.S. Highway 70, Swannanoa, North Carolina 28778 Phone: 828-2964500 FAX: 828-299-7043 Internet: http://portal.ncdenr.org/webtwq An Equal Opportunity \ Affirmative Action Employer United States Environmental Protection Agency Form Approved. EPA Washington, D.C. 20460 OMB No. 2040-0057 Water Compliance Inspection Report Approval expires 8-31-98 Section A: National Data System Coding (i.e., PCS) Transaction Code NPDES " yr/mo/day Inspection Type I Inspector Fac Type 1 �N 2 15 1 3 I NC0067148 I11 12 15/04/16 17 18 ICI 19 I c I 201 21II.I�I I IuI I I I I I I I 1 1 I I I I I' I I I I I I I I I I I I I I I 11 1 1 1 1 1_r6 Inspection Work Days Facility Self -Monitoring Evaluation Rating B1 OA — ----- ----Reserved------------- 67 70 LJI 71 J72 LJN 73I 4 75I I I I I I I I80 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 bermit Number) 01:OOPM 15/04/16 10/01/01 Nebo Elementary School WWTP 320 S Main St Exit Time/Date Permit Expiration Date Marion NC 28752 02:OOPM 15/04/16 14/12/31 Name(s) of Onsite Representative(s)/Titles(s)/Phone and Fax Number($) Other Facility Data Name, Address of Responsible Officialfritle/Phone and Fax Number Contacted Garvin Trinks,2107 Sugar Hill Rd Marion NC 28752//828-652-5504/ No Section C: Areas Evaluated During Inspection (Check only those areas evaluated) Permit Operations & Maintenance Records/Reports Self -Monitoring Program Facility Site Review Effluent/Receiving Waters Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s) and Signatures) of Inspector(s) Agency/Office/Phone and Fax Numbers Date Timothy H Heim ARO WQ//828-296-4665/ Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date B �a ilk EPA Form 3560-3 (Rev 9-94) Previous editions are obsolete. Page# NPDES yr/mo/day Inspection Type (Cont.) ' 31 NCO067148 I11 12 15/04/16 17 18 I � I Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) Tim Heim and Linda Wiggs of the Asheville Regional Office performed the Compliance Evaluation Inspection on April 16th, 2015, Bob Rowe of James & James Environmental and Garvin Trinks of the Nebo School System were present during the inspection. Effluent samples taken during the inspection and analyzed by the ARO lab reported the following results: BOD5 = 13 mg/L Fecal Coliform =< Detection Limit TSS =< Detection Limit NH3 (as N) = 36 mg/L The facility appears to be well maintained and operated Page# 2 Permit: NCO067148 Owner - Facility: Nebo Elementary School VWVTP Inspection Date: 04/16/2015 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 0 ❑ ❑ ❑ Solids; pH, DO, Sludge Judge, and other -that are applicable? Comment: Process control parameters include pH and sludge iudge. The facility is overall well maintained and housekeeping is good. 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? M ❑ ❑ ❑ # Are there any special conditions for the permit? ❑ M ❑ ❑ Is access to the plant site restricted to the general public? M ❑ ❑ ❑ Is the inspector granted access to all areas for inspection? M ❑ ❑ ❑ Comment: Septic Tank Yes No NA NE (If pumps are used) Is an audible and visual alarm operational? ❑ ❑ 0 ❑ Is septic.tank pumped on a schedule? M ❑ ❑_ ❑ Are pumps or syphons operating properly? ❑ ❑ M ❑ Are high and low water alarms operating properly? ❑ ❑ ❑ Comment: The school maintenance staff regularly monitor the septic tank with a sludge iudge. The school district owns'a pumper truck and regularly uses it to remove solids from the septic tank and clean other parts of the facility as necessary. Sand Filters (Low rate) Yes No NA NE (If pumps are used) Is an audible and visible alarm Present and operational? 0 ❑ ❑ ❑ Is the distribution box level and watertight? ❑ ❑ ❑ Is sand filter free of ponding? 0 ❑ ❑ ❑ Is the sand filter effluent re -circulated at a valid ratio? ❑ ❑ ❑ # Is the sand filter surface free of algae or excessive vegetation? 0 ❑ ❑ El # Is the sand filter effluent re -circulated at a valid ratio? (Approximately 3 to 1) ❑ ❑ ❑ Page# 3 Permit: NCO067148 Inspection Date: 04/16/2015 Sand Filters (Low rate) Owner -Facility: Nebo Elementary School VWVfP Inspection Type: Compliance Evaluation Yes No NA NE Comment: #2 sand filter was experiencing nonding in the month prior to the inspection was offline at the time of the inspection. According to the ORC and school maintenance staff, the filter operated without ponding for approximately 13 years before this occured. The #2 sand filter was being rehabilitated with new media and applicator lines at the time of the inspection. The #1 sand filter will be rehabilitated proactively after the end of the school Vear. This work is being overseen by Bob DeWeese, P.E. Disinfection -Tablet Yes No NA NE Are tablet chlorinators operational? M ❑ ❑ ❑ Are the tablets the proper size and type? 0 ❑ ❑ ❑ Number of tubes in use? 2 Is the level of chlorine residual acceptable? 0 ❑ ❑ ❑ Is the contact chamber free of growth, or sludge buildup? ❑ ■ ❑ ❑ Is there chlorine residual prior to de -chlorination? ' M ❑ ❑ ❑ Comment: An orange scum/foam was observed on the surface of the chlorine chamber at the time of the inspection. A sludge iudge was used to assess solids buildup on the bottom of the contact chamber. The results suggest a buildup of red clay soil material. The chlorine contact chamber should be pumped out and the system should be assessed to determine if inflow is occuring. 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: Effluent Pipe Is right of way to the outfall properly maintained? Are the receiving water free of foam other than trace amounts and other debris? If effluent (diffuser pipes are required) are they operating properly? Comment: Yes No NA NE Tablet ❑ ❑ M ❑ ❑ ❑ ■ ❑ ■ ❑ ❑ ❑ ❑ ❑ ❑ 2 Yes No NA NE ■ ❑ ❑ ❑ ■ ❑ ❑ ❑ ❑ ❑ M ❑ Page# 4 ty: Nebo Elements School VWVrP • Permit: NC0067148 Owner - Facility: �' a Inspection Date: 04/16/2015 Inspection Type: Compliance Evaluation Effluent Sampling Is composite sampling flow proportional? Is sample collected below all treatment units? Is proper volume collected? Is the tubing clean? # Is proper temperature set for sample storage (kept at less than or equal to 6.0 degrees Celsius)? Is the facility sampling performed as required by the permit (frequency, sampling type representative)? Comment: Yes No NA NE ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ M ❑ ❑ ❑ ■ ❑ ■ ❑ ❑ ❑ Page# 5 M Water Po'Butian. Control Systems Operator Designation Form WPCSOCC NCAC ISA 8G .0201 c dw e pera Three Ownerjuacer Name: , CAV v t"._ �, NWfing Address: city: g a� Zip: '. phone N. Sigmture- ... ...ra•a.,..a.............................................................................. .. a.. a..., .a.rY.....,......Ya.... r.... •a.Y....... ....................................... .........................•• •� .. l?e�rntit #• ������ 1E'aefty Name:C• County. SUBMIT A SEPARATE VORM FOR EACH TYPE Of SYSTEM Facility Type & Grade: Grade Gee �- NIA �.�^ Sufic Irrigation. — %.I. ical WWrP - - Land Application N/A physical/ChemXcal -�—� Collection Syatezn ...........................a, ... .............................. ..... ... .... ...T ...., .............. Y.......... •... ...T ....T Operator in RespoWble Charge (ORC) nt wl Name,:, Certificate Grade I Numbef: '.� 1 � � 3 Work Phone #: � Si$riaiurc: to my designaldon as the Operator In Responsible age for the fwility noted. I understand and will abidt by the "I certify that I agree n9 to the regpottsibilitles of the ORC as set forth in IBA NCAC NO.0204 and Wing W dO w On Mult in rules and regul&dotts p °S eratars Certification Commission " )Disciplinary Actions by the Water Pollution Control System OP ...... .....•..... .................. ... i f....................-....}T uni.k-Up Operator in R p ible Charge (BU ORC print Full Name: Certificate Type I Grade I Number;�� Date: — 422� slgnanuc:(/ by "I coitify that I c t4 Z'� deaigitation as a l r m Responsible Chafge l�r � facrlity noted. l understand and will Wide the rules and regut8tion& perreinin$ to the Rgponsibilities of the 13i1 ORC as set £atth in 15.A NCAC 08O -0205 and failing to do so can on Cvattvl Sysinm f)perata�s +cattort Commrasiptr." result in Disciplinary Actions by the Wa=Nlluti ,.....1f.Y........ .... ...a.a.Y....Y....ai....YY..ari....iY...aY.aYYf.a.Yff....Yf....iY...aiY.....Y......h........... Y...ar.f.a..ilfa.aff... a. )Mail 9X Fax to: wresoCC 1618 M OR Service Center Race,&, NC,27699-1618 Fart VW733-133$ (see next Page far dWPat'Ur of sotdvnal l>a&-uQ °p=IOII. DA'ign of more than one back-up vpeta". is opt"""') ROVlsed 8-2007 0 wpcsoCC Oparatm- Designation Foml, corn. j d.Ymit:/UCU4 1 N.A.....AfA.......w........YYaYA..s.alYffR....... .M.a.................... . qlf ..e.aw,��.....r...Yf.A.............A.AAM.........YYYAf aq... r....a. Back-up d�orator inRespowAle Charge (.BII ORGY � p Certifl caie ape i Cnade I Nurniz� work Phone:; �y� Si Date: 1 lure: certi i that) Wee # a atay desigaatlon aS A aclatan Operator in liesponslble Charge for the iS' zated. I xwdPxe and will abide by the rules and refu*ons peering to the ausponalbilittes of t'he BU' ORC as set Znth in 15A NCA.0 08d .0205 and :Failing to do so c m result to DiWpflnuy Rations by the Water �Iolbx&n Coniml S'yst= Opexators CMUW40A Commissim." f uw....„.. ...q.ANlRi. A. A.�a. Y■ Aim bid.q...... YYYaa. aN,...A. f...ddRAJARRO".......A...v vaN Psa a u.a..auudYaaiafl AM y ifaek Up Operator in RespondbU Charge (BTJ O_RQ ,SQL • �.�� Celt &ate tteLora dp Number: Sigvnture: Date: °`I eerti� T agae to my rieslgnation as' a 4�eraYor iA TResponsible CJtexge for the 1itY'iunteci. I undeistaw3 and will awe by tho rules and. regul�tiot�s pertaining to the reaponMbi'h'ties of the BU OR.0 as set tbi7ia in 15A 1�TGAC 0$G .0205 atcd fniliug to do ao can zesut t ]zt biscipjhwy A `p44tloas by tht Water Rolhibon CMUOI System Operators Ccxiiftoed un Comnlisslon." y.a..........e...AA.NYa....R..r......al.■Na►a...a.r.a...YYaA.a......eA..4..1a....AYY....... Aia........ 1 Y�M....... dial ....... — 4.q....... Ae.a...... Aaci- Up O erator W Responsible Charge (HU ORC) ' a YY1 �xnail: h^� i ell —V—(, fY�c , h • r C01dfloate `I Pe I Ora do I Nummbef. b b J � work PhMe #: 1 s Signatura; �j P Deteti,,,- �� - "I cext�y that 1-6-e tp my, dMWagog as.fl pan- up Opexatox is Rnapousibla Charge for the fhadity o20d I understand and will sbido by the s aad re unna to the respomsibilitiss of the )3U QRC as set fbfd in 15A NCAC 08(0;s05 attd faillag to rlo so can resulC iia ruk g p� on Conimissiol " ` Disaipliitaty ,A.atlons by ihe'Wai�tr Pollution Control System Operators C®rii�taa7t drYq,r+/.........., ..... A., ..A.a at.Ap ......RR......iyy..au aa. vYHuur...q N...... a. wagaua .f. aa.... a. YaA. kn...aR.. ..R.... a. kY Y.a N.a•• ..a Back -UP 01 eratnr hi ReSpOROble thau'ge (Ru 040 + Print FuXi N e: K e-V I Yt� Certificate 1�ype I Gia& I Number.. � b `Q) °}3 Work.Phonis #a sigti�urg: nee: . "I certify that I'p&ree to my desie<ra$>A em a ttok up Operator in Responsible Chia ge for the ihoili jko�ad. I undoxstand 266 will abi do by'he rules and mofliztions pWalitiag to fhe responAliIft ofthe BU QRC as set in 15ANCAC 084.0205 and failing to da so cea result in l?is#11any ,,4otions by the Water PoPut, on Control System Opar&tars Cwfifiaatton Copamission" ReWsed 055-21316 North Carolina Division of Water Resources Central Laboratory (Water Sciences section) Tl Water Sample Collection & Submittalf' 1rm.m 0. K�R 06 -7 1 Ckc) DAmbient I❑I River/strp -OSurface a Estu rV El Canal - EIRoutine EI Stormwater WCompliance D.Grouind EIM.nit.ringw'ell OWaterSupply, L] State Courier Notes: '.E]Hand Delivery 0 COC Waste Effluent El influent �n, Other: ❑ Chlorinated E]De-chlorinated in Field, [gGrab [:]Composite E Other: ❑ Emergency ❑ Blank [:]Field Blank [:]Trip Plank Filter Blank Filtered in Field. Dissolved. aiiialis1w.. Enter!'DIS.7* 6;. In check-boxesE]QA for parameters El Solution 00ther: II im A MBAS.(surfactants) Oil and Grease, HEM, Total Recoverable mg/L: 'Aiififi4wr�h (.41) PgIL. Tin (Sri) Titanium lAgIL Alkalinity, as CaCO3, to pH-.4.5/8;3 rTig/L Phenols, Total Recoverable Vg/L 'Antimony (Sb).. (TI) pg/L BOD: Biochemical Oxygen Demand, 5-day mgjL Residue: Total mg/L' Arsenic (As) P g/L Vanadium M lAg/L pg/L __ Zinc (7-n) c8QD-G.Carbonaceous B.OD, 5-day mg/L Residue:-Volatile/Fixed, Total mg/L. Barium (BS) pg/L [Lg/L Coliform: Fecal MF /i0orni, Coliform: Total MF /1001ril Residue: Suspended.(Suspended Solids) mg/L Beryllium (Be) P9/L lAg/L 'I Boron (B), Total Coliform: Tube Fecal /100ml Residue: Volatile/Fixed, Suspended TDS -Total Dissolved Solids mg/L mg/L Cadmium_ (Cd) Calcium (C6) pg/L .19 Mercury 1631,.low4vel hg/L Coliform: Tube7otal /100m1. OC Silica mg/L Chromium (Cr), Total rhg/L Specific Conductance, at 25 umhos/cm FTOC - Total Organic carbon Mg/L Sulfide - Tannin & Ugnin. mg/L Mg/L. Cobalt (co) Copper 4g/L Aqid'Herbicid4s�. Turbidity NTU (Cu) pg/L Organochlorine Pesticides Iron (Fe) Pg/L Organoriltrogen Pesticides PH Lead (Pb) pg/L Organophosphorus Pesticides Bromide mg/L Hardness, Total as CaCO3 - by titration s.u. mg/L Lithium (U) Magnesium (mg) Pg/L mg/L PCBs (polychlorinated biphenyls) Chloride mg/L Fluoride mg/L Manganese (Mn) lig/L Semi -Volatile Organics (BNAs) Sulfate mg/L Mercury (Hg) Ng/L. TPH. Diesel Range Chlorophyll a pg/L 'V Ammonia -as N (NH3-N). .Molybdenum (IVIo­) Pg/L mg/L Nickel (Ni) Volatile Color: ADMI C.U. Color: Platinum Cobalt Nitrate7lTitrite as N (N0I+NO2-N) _T mg/L Potassium (K) Pg/L Organics (VOA) ring/L . C.U. COD: Chemical Oxygen bemand mg&L-11-71—Total Phosphorus as P (TP) mg/L mg/L Selenium (Se), Silver Pg/L TPH,Ga Gasoline Range Cyanide, Total mg/L Formaldehyde mg/L Nitrite as N (NO2-N) Nitrate mg/L (Ag) Sodium (Na) pg/L Mg/L NEON Hexavalent Chromium (Cr67) mg/L'. as.N (NO3-N calculated) arthophosphate as P (PO4) mg L mgg/L Strontium (Sr) Thalliurn Pg/ L' Phytopla n kton /Algae LAB COMMENTS: (TI) wq/L Revision: 2/06/2015 NC®ENR North Carolina Department of Environment and Natural Resources Pat McCrory - FECf\' one van de Vaa'rt Governor Divisi°" of Water Resources Se retary June 12, 2015 . Mr. Garvin Trinks JUL - 1 2015 McDowell County Schools 2107 Sugar Hill Road Water Qualitv, Regional Operations Marion, North Carolina 28752 --- As` ey'lle Rep;bn_ l of;ice Subject: NPDES PERMIT ISSUANCE Permit Number NCO067148 Nebo Elementary School WWTP - Class I McDowell County Dear Mr. Trinks: Division personnel have reviewed and approved your application for renewal of the subject permit. Accordingly, we are forwarding the attached final 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): Please also note that proposed federal regulations require electronic submittal of all discharge monitoring reports (DMRs) and specify that, if a state does not establish a system to receive such submittals, then permittees must submit DMRs electronically to the Environmental Protection Agency (EPA). Therefore, a requirement to begin reporting discharge monitoring data electronically using the NC DWR's Electronic Discharge Monitoring Report (eDMR) internet application has been added to this final permit. [See Special Condition A. (2.)] For information on eDMR, registering for eDMR and obtaining an eDMR user account, please visit the following web page: http://portal.ncdenr.or. web/wq/admin/bog/ipu/edmr. For information on EPA's proposed NPDES Electronic Reporting Rule, please visit the following web site: http•//www2 epa gov/compliance/proposed-npdes-electronic-reportin -rule. 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 permit 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 Resources or any other Federal, State, or Local governmental permits that may be required. 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Phone: 919-807-63001 Internet: http://portal.ncdenr.org/web/wq/swp/ps/npdes An Equal Opportunity 1 Affirmative Action Employer— Made in part by recycled paper Nebo Elementary School WWTP NCO067148 June 12, 2015 Page 2 If you have any questions or need additional information, please do not hesitate to contact Maureen Kinney of my staff at (919) 807-6388. Si cere , S. Jay Zimmerman, Director Division of Water Resources, NCDENR cc: Central Files NPDES Unit Files Q R Ashevi,M67:Regibnal Office, Water�Quality Regzonal .Opera ans Section Permit NCO067148 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY PERMIT TO DISCHARGE WASTEWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provisions of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended; the McDowell County Schools are hereby authorized to discharge wastewater from a facility located at the I Nebo Elementary School WWTP NCSR 1536 McDowell County to receiving waters designated as an unnamed tributary to Shadrick 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 July 1, 2015. This permit and authorization to discharge shall expire at midnight on December 31, 2019. Signed this day June 12, 2015. By Authority of the Environmental Management Commission Page 1 of 6 C � bG • � � � G�J �' C��- �v o � � b° \ --. , .0 L .J/ •lam\_J )I ,J/ 130 IJ — � ..' Y �`' � • '((ll �/\ I � �•. \ v \. /709 x V. f I l JIt .10 GO 0 • `•.. • ,�� C U`q��`-\.: � - ,; �, � i ° \�• _McDowellCoun „os: oo ty Schls L, ',; -�j, �l� �; �' ,, �xig Nebo Elementary NC0067148# Cem �. c''y �= To1'. - IaTids Chapel J• °\ `✓ — IY6 ��-- 1AA, _ 1 r/J771 1 i \ �L i , /zoo �`---`,..��_; -- =-- �i------..— ._ ._.\ .r .... /v - •\ ..-...- ms` 12 1,200, ' `` `c0 I LTV �(%' i f. l ; J r�_ •..,1 r L ; 12 McDowell County Schools Nebo Elementary School County: McDowell Stream Class: C Receiving Stream: UTShadrick Creek Sub -Basin: 03-08-30 Latitude: 35° 42' S8" Grid/Quad: E11NW Longitude: 82° 55' 35" HUC #: 03050101 Facility .x Location (not to scale) NORTH NPDES Permit: NCO067148 NPDES Permit Standard Conditions Page 1 of 18 PART II STANDARD CONDITIONS FOR NPDES PERMITS Section A. Definitions 2/Month Samples are collected twice per month with at least ten calendar days between sampling events. These samples shall be representative of the wastewater discharged during the sample period. 3/Week Samples are collected three times per week on three separate calendar days. These samples shall be representative of the wastewater discharged during the sample period. Act or "the Act" The Federal Water Pollution Control Act, also known as the Clean Water Act (CWA), as amended, 33 USC 1251, et. seq. Annual Average The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar year. In the case of fecal coliform, the geometric mean of such discharges. Arithmetic Mean The summation of the individual values divided by the number of individual values. Bypass The known diversion of waste streams from any portion of a treatment facility including the collection system, which is not a designed or established or operating mode for the facility. Calendar Day The period from midnight of one day until midnight of the next day. However, for purposes of this permit, any consecutive 24-hour period that reasonably represents the calendar day may be used for sampling. Calendar Week The period from Sunday through the following Saturday. Calendar Quarter One of the following distinct periods: January through March, April through June, July through September, and October through December. Composite Sample A sample collected over a 24-hour period by continuous sampling or combining grab samples of at least 100 mL in such a manner as to result in a total sample representative of the wastewater discharge during the sample period. The Director may designate the most appropriate method (specific number and size of aliquots necessary, the time interval between grab samples, etc.) on a case -by -case basis. Samples may be collected manually or automatically. Composite samples may be obtained by the following methods: (1) Continuous: a single, continuous sample collected over a 24-hour period proportional to the rate of flow. (2) Constant time/variable volume: a series of grab samples collected at equal time intervals over a 24 hour period of discharge and combined proportional to the rate of flow measured at the time of individual sample collection, or (3) Variable time/constant volume: a series of grab samples of equal volume collected over a 24 hour period with the time intervals between samples determined by a preset number of gallons passing the sampling point. Flow measurement between sample intervals shall be determined by use of a flow recorder and totalizer, and the preset gallon interval between sample collection fixed at no greater than 1/24 of the expected total daily flow at the treatment system, or Version 1110912011.1 NPDES Permit Standard Conditions 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 NPDES 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 proper1y damage Substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage excludes economic loss caused by delays in production. Toxic Pollutant: Any pollutant listed as toxic under Section 307(a)(1) of the CWA. Upset An incident beyond the reasonable control of the Permittee causing unintentional and temporary noncompliance with permit effluent limitations and/or monitoring requirements. An upset does not include noncompliance caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation. Weekly Average (concentration limit) The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar week. In the case of fecal coliform or other bacterial parameters or indicators, the geometric mean of such discharges. Section B. General Conditions 1. Duty to Comply_ The Permittee must comply with all conditions of this permit. Any permit noncompliance constitutes a violation of the CWA and is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or denial of a permit renewal application [40 CFR 122.41]. a. The Permittee shall comply with effluent standards or prohibitions established under section 307(a) of the CWA for toxic pollutants and with standards for sewage sludge use or disposal established under section 405(d) of the CWA within the time provided in the regulations that establish these standards or prohibitions or standards for sewage sludge use or disposal, even if the permit has not yet been modified to incorporate the requirement. - b. The CWA provides that any person who violates section[s] 301, 302, 306, 307, 308, 318 or 405 of the Act, or any permit condition or limitation implementing any such sections in a permit issued under section 402, or any requirement imposed in a pretreatment program approved under sections 402(a)(3) or 402(b)(8) of the Act, is subject to a civil penalty not to exceed $37,500 per'day for each violation. [33 USC 1319(d) and 40 CFR 122.41(a)(2)] c. The CWA provides that any person who negligently violates sections 301, 302, 306, 307, 308, 318, or 405 of the Act, or any condition or limitation implementing any of such sections in a permit issued under section 402 of the Act, or any requirement imposed in a pretreatment program approved under section 402(a)(3) or 402(b)(8) of the Act, is subject to criminal penalties of $2,500 to $25,000 per day of violation, or Version 1.110912011.1 NPDES Permit Standard Conditions Page 4 of 18 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 endangennent violation, a person shall be subject to a fine of not more than $500,000 or by imprisonment of not more than 30 years, or both. An organization, as defined in section 309(c)(3)(B)(iii) of the CWA, shall, upon conviction of violating the imminent danger provision, be subject to a fine of not more than $1,000,000 and can be fined up to $2,000,000 for second or subsequent convictions. [40 CFR 122.41(a)(2)] f. Under state law, a civil penalty of not more than $25,000 per violation may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of a permit. [North Carolina General Statutes § 143-215.6A] g. Any person may be assessed an administrative penalty by the Administrator for violating section 301, 302, 306, 307, 308, 318 or 405 of this Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of this Act. Administrative penalties for Class I violations are not to exceed $16,000 per violation, with the maximum amount of any Class I penalty assessed not to exceed $37,500. Penalties for Class Il violations are not to exceed $16,000 per day for each day during which the violation continues, with the maximum amount of any Class II penalty not to exceed $177,500. [33 USC 1319(g)(2) and 40 CFR 122.41(a)(3)] 2. Duty to Mitigate The Permittee shall take all reasonable steps to minimize or prevent any discharge or sludge use or disposal in violation of this permit with a reasonable likelihood of adversely affecting human health or the environment [40 CFR 122.41(d)]. 3. Civil and Criminal Liability Except as provided in permit conditions on 'Bypassing" (Part H.C.4), "Upsets" (Part II.C.5) and "Power Failures" (Part II.C.7), nothing in this permit shall be construed to relieve the Permittee from any responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3, 143-215.6 or Section 309 of the Federal Act, 33 USC 1319. Furthermore, the Permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 4. Oil and Hazardous Substance Liability Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the Permittee from any responsibilities, liabilities, or penalties to which the Permittee is or may be subject to under NCGS 143- 215.75 et seq. or Section 311 of the Federal Act, 33 USG 1321. Furthennore, the Permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 5. Property Rights The issuance of this permit does not convey any property rights in either real or personal property, or any exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor any infringement of Federal, State or local laws or regulations [40 CFR 122.41(g)]. 6. Onshore or Offshore Construction This permit does not authorize or approve the construction of any onshore or offshore physical structures or facilities or the undertaking of any work in any navigable waters. Version 1110912011.1 NPDES Permit Standard Conditions Page 5 of 18 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 Pennittee 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 pen -nit 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 122.221. b. All reports required by the permit and other information requested by the Permit Issuing Authority shall be signed by a person described in paragraph a. above or by a duly authorized representative of that person. A person is a duly authorized representative only if: (1) The authorization is made in writing by a person described above; (2) The authorization specified either an individual or a position having responsibility for the overall operation of the regulated facility or activity, such as the position of plant manager, operator of a well or well field, superintendent, a position of equivalent responsibility, or an individual or position having overall responsibility for environmental matters for the company. (A duly authorized representative may thus be either a named individual or any individual occupying a named position.); and (3) The written authorization is submitted to the Permit Issuing Authority [40 CFR 122.22] Version 1110912011.1 NPDES Permit Standard Conditions Page 6 of 18 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: "I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations. " 12. Permit Actions This permit may be modified, revoked and reissued, or terminated for cause. The filing of a request by the Permittee for a permit modification, revocation and reissuance, or termination, or a notification of planned changes or anticipated noncompliance does not stay any permit condition [40 CFR 122.41(f)]. 13. Permit Modification, Revocation and Reissuance, or Termination The issuance of this permit does not prohibit the permit issuing authority from reopening and modifying the permit, revoking and reissuing the permit, or terminating the permit as allowed by the laws, rules, and regulations contained in Title 40, Code of Federal Regulations, Parts 122 and 123; Title 15A of the North Carolina Administrative Code, Subchapter 02H .0100; and North Carolina General Statute 143.215.1 et. al. 14. Annual Administering and Compliance Monitoring Fee Requirements The Permittee must pay the annual administering and compliance monitoring fee within thirty days after being billed by the Division. Failure to pay the fee in a timely manner in accordance with 15A NCAC 02H .0105(b)(2) may cause this Division to initiate action to revoke the permit. Section C. Operation and Maintenance of Pollution Controls I. Certificd Operator Owners of classified water pollution control systems must designate operators, certified by the Water Pollution Control System Operators Certification Commission (WPCSOCC), of the appropriate type and grade for the system, and, for each classification must [T15A NCAC 08G .0201]: a. designate one Operator In Responsible Charge (ORC) who possesses a valid certificate of the type and grade at least equivalent to the type and grade of the system; b. designate one or more Back-up Operator(s) in Responsible Charge (Back-up ORCs) who possesses a valid certificate of the type of the system and no more than one grade less than the grade of the system, with the exception of no backup operator in responsible charge is required for systems whose minimum visitation requirements are twice per year; and c. submit a signed completed "Water Pollution Control System Operator Designation Form" to the Commission (or to the local health department for owners of subsurface systems) countersigned by the designated certified operators, designating the Operator in Responsible Charge (ORC) and the Back-up Operator in Responsible Charge (Back-up ORC): (1) 60 calendar days prior to wastewater or residuals being introduced into a new system; or (2) within 120 calendar days following: ➢ receiving notification of a change in the classification of the system requiring the designation of a new Operator in Responsible Charge (ORC) and Back-up Operator in Responsible Charge (Back-up ORC) of the proper type and grade; or ➢ a vacancy in the position of Operator in Responsible Charge (ORC) or Back-up Operator in Responsible Charge (Back-up ORC). Version 1110912011.1 NPDES Permit Standard Conditions Page 7 of 18 (3) within seven calendar days of vacancies in both ORC and Back-up ORC positions replacing or designating at least one of the responsibilities. The ORC of each Class I facility (or the Back-up ORC, when acting as surrogate for the ORC) must: ➢ Visit the facility as often as is necessary to insure proper operation of the treatment system; the treatment facility must be visited at least weekly ➢ Comply with all other conditions of 15A NCAC 08G .0204. The ORC of each Class 11, III and IV facility (or the Back-up ORC, when acting as surrogate for the ORC) must: ➢ Visit the facility as often as is necessary to insure proper operation of the treatment system; the treatment facility must be visited at least five days per week, excluding holidays ➢ Properly manage and document daily operation and maintenance of the facility ➢ Comply with all other conditions of 15A NCAC 08G .0204. 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 Pennittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the condition of this permit [40 CFR 122.41(c)]. 4. Bypassing of Treatment Facilities a. Bypass not exceeding limitations [40 CFR 122.41(m)(2)] The Permittee may allow any bypass to occur which does not cause effluent limitations to be exceeded, but only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the provisions of Paragraphs b. and c. of this section. b. Notice [40 CFR 122.41(m)(3)] (1) Anticipated bypass. If the Permittee knows in advance of the need for a bypass, it shall submit prior notice, if possible at least ten days before the date of the bypass; including an evaluation of the anticipated quality and effect of the bypass. (2) Unanticipated bypass. The Permittee shall submit notice of an unanticipated bypass as required in Part II.E.6. (24-hour notice). c. Prohibition of Bypass (1) Bypass from the treatment facility is prohibited and the Permit Issuing Authority may take enforcement action against a Permittee for bypass, unless: (A) Bypass was unavoidable to prevent loss of life, personal injury or severe property damage; (B) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate backup equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and (C) The Permittee submitted notices as required under Paragraph b. of this section. (2) Bypass from the collection system is prohibited and the Permit Issuing Authority may take enforcement action against a Permittee for a bypass as provided in any current or future system -wide collection system permit associated with the treatment facility. Version 1110912011.1 NPDES Pen -nit Standard Conditions Page 8 of 18 (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)]: The Permittee seeking to establish the occurrence of an upset has the burden of proof in any enforcement proceeding. 6. Removed Substances Solids, sludges, filter backwash, or other pollutants removed in the course of treatment or control of wastewaters shall be utilized/disposed of in accordance with NCGS 143-215.1 and in a manner such as to prevent any pollutant from such materials from entering waters of the State or navigable waters of the United States except as permitted by the Commission. The Permittee shall comply with all applicable state and Federal regulations governing the disposal of sewage sludge, including 40 CFR 503, Standards for the Use and Disposal of Sewage Sludge; 40 CFR Part 258, Criteria For Municipal Solid Waste Landfills; and 15A NCAC Subchapter 2T, Waste Not Discharged To Surface Waters. The Permittee shall notify the Permit Issuing Authority of any significant change in its sludge use or disposal practices. 7. Power Failures The Permittee is responsible for maintaining adequate safeguards (as required by 15A NCAC 02H .0124) to prevent the discharge of untreated or inadequately treated wastes during electrical power failures either by means of alternate power sources, standby generators or retention of inadequately treated effluent. Section D. Monitoring and Records Representative Sampling Samples collected and measurements taken, as required herein, shall be representative of the permitted discharge. Samples collected at a frequency less than daily shall be taken on a day and time that is representative of the discharge for the period the sample represents. All samples shall be taken at the monitoring points specified in this permit and, unless otherwise specified, before the effluent joins or is diluted by any other wastestream, body of water, or substance. Monitoring points shall not be changed without notification to and the approval of the Permit Issuing Authority [40 CFR 122.410)]. 2. Reporting Monitoring results obtained during the previous month(s) shall be summarized for each month and reported on a monthly Discharge Monitoring Report (DMR) Form (MR 1, 1. 1, 2, 3) or alternative forms approved by the Director, postmarked no later than the last calendar day of the month following the completed reporting period. The first DMR is due on the last day of the month following the issuance of the permit or in the case of a new facility, on the last day of the month following the commencement of discharge. Duplicate signed copies of these, and all other reports required herein, shall be submitted to the following address: Version 1110912011.1 NPDES Permit Standard Conditions Page 9 of 18 NC DENR / Division of Water Resources / Water Quality Permitting Section ATTENTION: Central Files 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Flow Measurements Appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges. The devices shall be installed, calibrated and maintained to ensure that the accuracy of the measurements is consistent with the accepted capability of that type of device. Devices selected shall be capable of measuring flows with a maximum deviation of less than 10% from the true discharge rates throughout the range of expected discharge volumes. Flow measurement devices shall be accurately calibrated at a minimum of once per year and maintained to ensure that the accuracy of the measurements is consistent with the accepted capability of that type of device. The Director shall approve the flow measurement device and monitoring location prior to installation. Once -through condenser cooling water flow monitored by pump logs, or pump hour meters as specified in Part I of this permit and based on the manufacturer's pump curves shall not be subject to this requirement. 4. Test Procedures Laboratories used for sample analysis must be certified by the Division. Permittees should contact the Division's Laboratory Certification Section (919 733-3908 or http://portal.ncdenr.org/web/wq/lab/cert) for information regarding laboratory certifications. Facilities whose personnel are conducting testing of field -certified parameters only must hold the appropriate field parameter laboratory certifications. Test procedures for the analysis of pollutants shall conform to the EMC regulations (published pursuant to NCGS 143-215.63 et. seq.), the Water and Air Quality Reporting Acts, and to regulations published pursuant to Section 304(g), 33 USC 1314, of the CWA (as amended), and 40 CFR 136; or in the case of sludge use or disposal, approved under 40 CFR 136, unless otherwise specified in 40 CFR 503, unless other test procedures have been specified in this permit [40 CFR 122.41]. To meet the intent of the monitoring required by this permit, all test procedures must produce minimum detection and reporting levels that are below the permit discharge requirements and all data generated must be reported down to the minimum detection or lower reporting level of the procedure. If no approved methods are determined capable of achieving minimum detection and reporting levels below permit discharge requirements, then the most sensitive (method with the lowest possible detection and reporting level) approved method must be used. Penalties for Tampering The CWA provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any monitoring device or method required to be maintained under this permit shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. If a conviction of a person is for a violation committed after a first conviction of such person under this paragraph, punishment is a fine of not more than $20,000 per day of violation, or by imprisonment of not more than 4 years, or both [40 CFR 122.41]. 6. Records Retention Except for records of monitoring information required by this permit related to the Permittee's sewage sludge use and disposal activities, which shall be retained for a period of at least five years (or longer as required by 40 CFR 503), the Permittee shall retain records of all monitoring information, including: ➢ all calibration and maintenance records ➢ all original strip chart recordings for continuous monitoring instrumentation ➢ copies of all reports required by this permit ➢ copies of all data used to complete the application for this permit These records or copies shall be maintained for a period of at least 3 years from the date of the sample, measurement, report or application. This period may be extended by request of the Director at any time [40 CFR 122.41]. Version 1110912011.1 NPDES Permit Standard Conditions Page 10 of 18 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. Anticipated Noncompliance The Permittee shall give advance notice to the Director of any planned changes to the permitted facility or other activities that might result in noncompliance with the permit [40 CFR 122.41(1)(2)]. 4. Transfers This permit is not transferable to any person without prior written notice to and approval from the Director in accordance with 40 CFR 122.61. The Director may condition approval in accordance with NCGS 143-215.1, in particular NCGS 143-215. 1 (b)(4)b.2., and may require modification or revocation and reissuance of the permit, or a minor modification, to identify the new permittee and incorporate such other requirements as may be necessary under the CWA [40 CFR 122.41(1)(3), 122.611 or state statute. Version 1110912011.1 NPDES Permit Standard Conditions Page 11 of 18 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 using test procedures approved under 40 CFR Part 136 and at a sampling location specified in this permit or other appropriate instrument governing the discharge, the results of such monitoring shall be included in the calculation and reporting of the data submitted on the DMR. 6. Twenty-four Hour Reporting a. The Permittee shall report to the Director or the appropriate Regional Office any noncompliance that potentially threatens public health or the environment. Any information shall be provided orally within 24 hours from the time the Permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the Permittee becomes aware of the circumstances. The written submission shall contain a description of the noncompliance, and its cause; the period of noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance [40 CFR 122.41(1)(6)]. b. The Director may waive the written report on a case -by -case basis for reports under this section if the oral report has been received within 24 hours. c. Occurrences outside normal business hours may also be reported to the Division's Emergency Response personnel at (800) 662-7956, (800) 858-0368 or (919) 733-3300. 7. Other Noncompliance The Permittee shall report all instances of noncompliance not reported under Part II.E.5 and 6. of this permit at the time monitoring reports are submitted. The reports shall contain the information listed in Part II.E.6. of this permit [40 CFR 122.41(1)(7)]. Other Information Where the Pennittee 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 Pennittee shall report by telephone to either the central office or the appropriate regional office of the Division as soon as possible, but in no case more than 24 hours or on the next working day following the occurrence or first knowledge of the occurrence of any of the following: a. Any occurrence at the water pollution control facility which results in the discharge of significant amounts of wastes which are abnormal in quantity or characteristic, such as the dumping of the contents of a sludge digester; the known passage of a slug of hazardous substance through the facility; or any other unusual circumstances. b. Any process unit failure, due to known or unknown reasons, that render the facility incapable of adequate wastewater treatment such as mechanical or electrical failures of pumps, aerators, compressors, etc. c. Any failure of a pumping station, sewer line, or treatment facility resulting in a by-pass without treatment of all or any portion of the influent to such station or facility. Persons reporting such occurrences by telephone shall also file a written report within 5 days following first knowledge of the occurrence. Also see reporting requirements for municipalities in Part IV.C.2.c. of this permit. 10. Availability of Reports Except for data determined to be confidential under NCGS 143-215.3 (a)(2) or Section 308 of the Federal Act, 33 USC 1318, all reports prepared in accordance with the terms shall be available for public inspection at the offices of the Division. As required by the Act, effluent data shall not be considered confidential. Knowingly making any false statement on any such report may result in the imposition of criminal penalties as provided for in NCGS 143- 215. 1 (b)(2) or in Section 309 of the Federal Act. Version 1110912011.1 NPDES Permit Standard Conditions Page 12 of 18 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 122.411. 12. Annual Performance Reports Permittees who own or operate facilities that primarily collect or treat municipal or domestic wastewater and have an average annual flow greater than 200,000 gallons per day shall provide an annual report to the Permit Issuing Authority and to the users/customers served by the Permittee (NCGS 143-215.1C). The report shall summarize the performance of the collection or treatment system, as well as the extent to which the facility was compliant with applicable Federal or State laws, regulations and rules pertaining to water quality. The report shall be provided no later than sixty days after the end of the calendar or fiscal year, depending upon which annual period is used for evaluation. The report shall be sent to: NC DENR / Division of Water Resources / Water Quality Permitting Section ATTENTION: Central Files 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Version 1110912011.1 NPDES Permit Standard Conditions Page 13 of 18 PART III OTHER REQUIREMENTS Section A. Construction a. The Permittee shall not commence construction of wastewater treatment facilities, nor add to the plant's treatment capacity, nor change the treatment process(es) utilized at the treatment plant unless (1) the Division has issued an Authorization to Construct (AtC) permit or (2) the Permittee is exempted from such AtC permit requirements under Item b. of this Section. b. In accordance with NCGS 143-215.1(a5) [SL 2011-394], no permit shall be required to enter into a contract for the construction, installation, or alteration of any treatment work or disposal system or to construct, install, or alter any treatment works or disposal system within the State when the system's or work's principle function is to conduct, treat, equalize, neutralize, stabilize, recycle, or dispose of industrial waste or sewage from an industrial facility and the discharge of the industrial waste or sewage is authorized under a permit issued for the discharge of the industrial waste or sewage into the waters of the State. Notwithstanding the above, the permit issued for the discharge may be modified if required by federal regulation. c. Issuance of an AtC will not occur until Final Plans and Specifications for the proposed construction have been submitted by the Permittee and approved by the Division. Section B. Groundwater Monitoring The Permittee shall, upon written notice from the Director, conduct groundwater monitoring as may be required to determine the compliance of this NPDES permitted facility with the current groundwater standards. Section C. Changes in Discharges of Toxic Substances The Permittee shall notify the Permit Issuing Authority as soon as it knows or has reason to believe (40 CFR 122.42): a. That any activity has occurred or will occur which would result in the discharge, on a routine or frequent basis, of any toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels"; (1) One hundred micrograms per liter (100 µg/L); (2) Two hundred micrograms per liter (200 µg/L) for acrolein and acrylonitrile; five hundred micrograms per liter (500 µg/L) for 2,4-dinitrophenol and for 2-methyl-4,6-dinitrophenol; and one milligram per liter (1 mg/L) for antimony; (3) Five times the maximum concentration value reported for that pollutant in the permit application. b. That any activity has occurred or will occur which would result in any discharge, on a non -routine or infrequent basis, of a toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels'; (1) Five hundred micrograms per liter (500 µg/L); (2) One milligram per liter (1 mg/L) for antimony; (3) Ten times the maximum concentration value reported for that pollutant in the permit application. Section D. Facility Closure Requirements The Permittee must notify the Division at least 90 days prior to the closure of any wastewater treatment system covered by this permit. The Division may require specific measures during deactivation of the system to prevent adverse impacts to waters of the State. This permit cannot be rescinded while any activities requiring this permit continue at the permitted facility. Version 1110912011.1 NPDES Permit Standard Conditions Page 14 of 18 PART IV SPECIAL CONDITIONS FOR MUNICIPAL FACILITIES Section A. Definitions In addition to the definitions in Part II of this permit, the following definitions apply to municipal facilities: Indirect Discharge or Industrial User Any non -domestic source that discharges wastewater containing pollutants into a POTW regulated under section 307(b), (c) or (d) of the CWA. [40 CFR 403.3 (i) and 0) and 15A NCAC 02H .0903(b)(11)] Interference Inhibition or disruption of the POTW treatment processes; operations; or its sludge process, use, or disposal which causes or contributes to a violation of any requirement of the Permittee's (or any satellite POTW's if different from the Permittee) NPDES, collection system, or non -discharge permit or prevents sewage sludge use or disposal in compliance with specified applicable State and Federal statutes, regulations, or permits. [15A NCAC 02H .0903(b)(14)] Pass Through A discharge which exits the POTW into waters of the State in quantities or concentrations which, alone or with discharges from other sources, causes a violation, including an increase in the magnitude or duration of a violation, of the Permittee's (or any satellite POTW's, if different from the Permittee) NPDES, collection system, or non -discharge permit. [15A NCAC 02H .0903(b)(23)] Publicly Owned Treatment Works (POTW) A treatment works as defined by Section 212 of the CWA, which is owned by a State or local government organization. This definition includes any devices and systems used in the storage, treatment, recycling and reclamation of municipal sewage or industrial wastes of a liquid nature. It also includes the collection system, as defined in 15A NCAC 2T .0402, only if it conveys wastewater to a POTW treatment plant. The term also means the local government organization, or municipality, as defined in section 502(4) of the CWA, which has jurisdiction over indirect discharges to and the discharges from such a treatment works. In this context, the organization may be the owner of the POTW treatment plant or the owner of the collection system into which an indirect discharger discharges. This second type of POTW may be referred to as a "satellite POTW organization." [15A NCAC 02H .0903(b)(26)] "Significant Industrial User" or "SIU" An Industrial User that discharges wastewater into a publicly owned treatment works and that [15A NCAC 02H .0903(b)(33)]: 1. Discharges an average of 25,000 gallons per day or more of process wastewater to the POTW (excluding sanitary, noncontact cooling and boiler blowdown wastewaters); or 2. Contributes process wastewater which makes up five percent or more of the NPDES or non -discharge permitted flow limit or organic capacity of the POTW treatment plant. In this context, organic capacity refers to BOD, TSS and ammonia; or 3. Is subject to categorical standards under 40 CFR Part 403.6 and 40 CFR Parts 405-471; or 4. Is designated as such by the Permittee on the basis that the Industrial User has a reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement, or the POTW's effluent limitations and conditions in its NPDES or non -discharge permit, or to limit the POTW's sludge disposal options; 5. Subject to approval under 15A NCAC 02H .0907(b), the Permittee may determine that an Industrial User meeting the criteria in paragraphs 1 or 2 of this definition above has no reasonable. potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement, the POTW's effluent limitations and conditions in its NPDES or non -discharge permit, or to limit the POTW's sludge disposal options, and thus is not a Significant Industrial User (SIU); or 6. Subject to approval under 15A NCAC 02H .0907(b), the Permittee may determine that an Industrial User meeting the criteria in paragraph 3 of this definition above meets the requirements of 40 CFR Part 403.3(v)(2) and thus is a non -significant categorical Industrial User. Section B. Publicly Owned Treatment Works (POTWs) Version 1110912011.1 NPDES Permit Standard Conditions Page 15 of 18 All POTWs must provide adequate notice to the Director of the following [40 CFR 122.42(b)]: 1. Any new introduction of pollutants into the POTW from an indirect discharger, regardless of the means of transport, which would be subject to section 301 or 306 of CWA if it were directly discharging those pollutants; and 2. Any substantial change in the volume or character of pollutants being introduced by an indirect discharger as influent to that POTW at the time of issuance of the permit. 3. For purposes of this paragraph, adequate notice shall include information on (1) the quality and quantity of effluent introduced into the POTW, and (2) any anticipated impact that may result from the change of the quantity or quality of effluent to be discharged from the POTW. Section C. Municipal Control of Pollutants from Industrial Users. 1. Effluent limitations are listed in Part I of this permit. Other pollutants attributable to inputs from Industrial Users discharging to the POTW may be present in the Permittee's discharge. At such time as sufficient information becomes available to establish limitations for such pollutants, this permit may be revised to specify effluent limitations for any or all of such other pollutants in accordance with best practicable technology or water quality standards. 2. Prohibited Discharges a. The Permittee shall develop and enforce their Pretreatment Program to implement the prohibition against the introduction of pollutants or discharges into the waste treatment system or waste collection system which cause or contribute to Pass Through or Interference as defined in 15A NCAC 02H .0900 and 40 CFR 403. [40 CFR 403.5(a)(1)] b. The Permittee shall develop and enforce their Pretreatment Program to implement the prohibitions against the introduction of the following wastes in the waste treatment or waste collection system [40 CFR 403.5(b)]: (1) Pollutants which create a fire or explosion hazard in the POTW, including, but not limited to, wastestreams with a closed cup flashpoint of less than 140 degrees Fahrenheit or 60 degrees Centigrade using the test methods specified in 40 CFR 261.21; (2) Pollutants which cause corrosive structural damage to the POTW, but in no case discharges with pH lower than 5.0, unless the works is specifically designed to accommodate such discharges; (3) Solid or viscous pollutants in amounts which cause obstruction to the flow in the POTW resulting in Interference; (4) Any pollutant, including oxygen demanding pollutants (BOD, etc.) released in a Discharge at a flow rate and/or pollutant concentration which will cause Interference with the POTW; (5) Heat in amounts which will inhibit biological activity in the POTW resulting in Interference, but in no case heat in such quantities that the temperature at the POTW Treatment Plant exceeds 40°C (104°F) unless the Division, upon request of the POTW, approves alternate temperature limits; (6) Petroleum oil, non -biodegradable cutting oil, or products of mineral oil origin in amounts that will cause Interference or Pass Through; (7) Pollutants which result in the presence of toxic gases, vapors, or fumes within the POTW in a quantity that may cause acute worker health and safety problems; or (8) Any trucked or hauled pollutants, except at discharge points designated by the POTW. c. The Permittee shall investigate the source of all discharges into the POTW, including slug loads and other unusual discharges, which have the potential to adversely impact the Permittee's Pretreatment Program and/or the operation of the POTW. The Permittee shall report such discharges into the POTW to the Director or the appropriate Regional Office. Any information shall be provided orally within 24 hours from the time the Permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the Permittee becomes aware of the circumstances. The written submission shall contain a description of the discharge; the investigation into possible sources; the period of the discharge, including exact dates and times; if the discharge has not ceased, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance, Version 1110912011.1 NPDES Permit Standard Conditions Page 16 of 18 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 Pennittee 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 Prol4rams Under authority of sections 307 (b) and (c) and 402(b)(8) of the CWA and implementing regulations 40 CFR 403, North Carolina General Statute 143-215.3(14) and implementing regulations 15A NCAC 02H .0900, and in accordance with the approved pretreatment program, all provisions and regulations contained and referenced in the pretreatment program submittal are an enforceable part of this permit. [40 CFR 122.440)(2)] The Permittee shall operate its approved pretreatment program in accordance with Section 402(b)(8) of the CWA, 40 CFR 403, 15A NCAC 02H .0900, and the legal authorities, policies, procedures, and financial provisions contained in its pretreatment program submission and Division approved modifications thereof. Such operation shall include but is not limited to the implementation of the following conditions and requirements. Terms not defined in Part II or Part IV of this permit are as defined in 15A NCAC 02H .0903 and 40 CFR 403.3. 1. Sewer Use Ordinance (SUO) The Permittee shall maintain adequate legal authority to implement its approved pretreatment program. [15A NCAC 02H .0903(b)(32), .0905 and .0906(b)(1); 40 CFR 403.8(f)(1) and 403.9(b)(1) and (2)] 2. lndustrial Waste Survey (JWS) 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.S.). [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 pen -nit modification) the Pennittee shall submit to the Division a written technical evaluation of the need to revise local limits (i.e., an updated HWA or documentation of why one is not needed) [40 CFR 122.44]. The Permittee shall develop, in accordance with 40 CFR 403.5(c) and 15A NCAC 02H .0909, specific Local Limits to implement the prohibitions listed in 40 CFR 403.5(a) and (b) and 15A NCAC 02H .0909. Pursuant to 40 CFR 403.5, local limits are Version 1110912011.1 NPDES Permit Standard Conditions Page 17 of 18 enforceable Pretreatment Standards as defined by 40 CFR 403.3(l). [1.5A NCAC 02H .0903(b)(10), .0905, and .0906(b)(4)] Industrial User Pretreatment Permits (IUP) & Allocation Tables In accordance with NCGS' 143-215.1, the Permittee shall issue to all Significant Industrial Users, permits for operation of pretreatment equipment and discharge to the Permittee's collection system or, treatment works. These permits shall contain limitations, sampling protocols, reporting requirements, appropriate standard and special conditions, and compliance schedules as necessary for the installation of treatment and control technologies to assure that their wastewater discharge will meet all applicable pretreatment standards and requirements. The Permittee: shall maintain a current. All'ocation'Table (AT) which summarizes the results of the HWA and the limits from all IUDs. 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)] Authorization to Construct (AtQ The Permittee shall ensure that an Authorization to Construct permit (AtC) is issued to all applicable Industrial Users for the construction or modification of any pretreatment facility. Prior to the issuance of an AtC, the proposed pretreatment facility and treatment process must be evaluated for its capacity to comply with all Industrial User Pretreatment Permit (IUP) limitations. [15A NCAC 02H .0906(b)(7) and .0905;;NCGS 143- 215.1(a)(8)] 7. POTW Inspection & Monitoring of their IUs. The Permittee shall conduct inspection, surveillance, and monitoring activities as described in its Division approved pretreatment program in order to determine, independent of information supplied by Industrial Users, compliance with applicable pretreatment standards. [15A NCAC 02H .0908(e); 40 CFR 403.8(f)(2)(v)] The Permittee must: a. Inspect all Significant Industrial Users (SIUs) at least onceper calendar year; b. Sample all Significant Industrial Users (SIUs) at least once per calendar year for all SIU pe'rmit-limited. parameters including flow except as allowed under 15A NCAC :0908(e); and c. At least once per year, document an evaluation of any non -significant categorical Industrial User for compliance with the requirements in 40 CFR 403.3(v)(2), and either continue or revoke the designation as non- significant; 8. IU Self Monitoring and Rpporting The Permittee shall require all Industrial Users to comply with the applicable monitoring and reporting requirements outlined in the Division -approved pretreatment program, the industry's pretreatment permit, or in 15A NCAC 02H .0908. [15A NCAC 02H .0906(b)(5) and .0905; 40 CFR 403.8(f)(1)(v) and (2)(iii) 40 CFR 122.440)(2) and 40 CFR 403.12] 9., Enforcement Response Plan (ERP) The Permittee shall enforce and obtain appropriate remedies for violations of all pretreatment standards promulgated pursuant to section 307(b) and (c) of the CWA (40 CFR 405 et. seq.), prohibitive ;discharge standards as set forth in 40 CFR 403.5 and 15A NCAC 02H .0909, specific local limitations, and other pretreatment requirements. All remedies, enforcement actions and other, shall be consistent with the Enforcement Response Plan (ERP) approved by the Division. [15A NCAC' 02H .0903(b){7), .0906(b)(8) and .0905 40 CFR 403.8(f)(5)] 10. Pretreatment Annual Reports (PAR) The Permittee shall report to the Division in accordance with 15A NCAC 02H .0908. In lieu of submitting annual reports, Modified Pretreatment Programs developed under 15A NCAC 02H .0904 (b) may be required to submit a partial annual report or to meet with Division personnel periodically to discuss enforcement of pretreatment requirements and other pretreatment implementation issues. For all other active pretreatment programs, the Permittee shall submit two copies of a Pretreatment Annual Report (PAR) describing its pretreatment activities over the previous calendar year to the Division at the following address: Version 1110912011.1 N_ P_ DESPermit Standard Conditions' Page 18 of 18 r� NC DENR / Division of Water Resources / Water Quality Permitting Section Pretreatment, Emergency Response, and Collection Systems (PERCS) Unit 1617' Mail Service Center Raleigh, North Carolina 27699-1617 These reports shall be submitted by March 1 of each year and shall contain. the following: a. Narrative A narrative summary detailing actions taken, or proposed, by the Permittee to correct significant 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 (lUs) 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 ]Us 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 daring the previous twelve month period. This list shall be published within four months of the. applicable twelve-month period. [15A NCAC 0211.0903(b)(34), .0908(b)(5) and .0905 and 40 CFR 403.8(f)(2)(viii)] 1.2., Record Keeping The Permittee shall retain for a minimum of three years records of monitoring activities and results, along with support information including general records, water quality records, and records of industrial impact on the POTW and shall retain all other Pretreatment Program records as required by 15A NCAC_ 02H .0908(f). [15A NCAC 02H .0908(f); 40 CFR 403.12(o)] 13. Pretreatment. Program Resources The Permittee shall maintain adequate funding and qualified personnel to accomplish the objectives of its approved pretreatment program. and retain a written description of those current levels of inspection. [15A NCAC 02H .0906(b)(9) and (10) and .0905; 40 CFR 403.8(f)(3),, 403.9(b)(3)] 14. Modification to Pretreatment Programs Modifications to the approved pretreatment program including but not limited to local limits modifications, POTW monitoring of their Significant Industrial Users (SIUs), and Monitoring Plan modifications, shall be considered a permit modification and shall be governed by 40 CFR 403.18, 15 NCAC 02H .0114 and 15A NCAC 02H .0907. Version 1110912011.1 as•' �ry PUBLIC SCHOOLS OF NORTH CAROLINA °Q DEPARTMENT OF PUBLIC INSTRUCTION I June St. Clair Atkinson, Ed.D.. State Superintendent • ;�,," �•�c WWW.NCP1JBLIC8CH00L9.0R0 April 15, 2015 MEMORANDUM To: Garvin Trinks, Maintenance Director From: b DeWeese, nv. Engineer SUBJECT: Sand Filter Repairs Nebo ES WWTP McDowell County You, your staff, and I inspected the Nebo ES WWTP on April 14, 2015, to determine the causes and/or reasons for excessive "ponding" on Sand Filter #2 for the last month or more. Your staff had already excavated portions of the filter down to the drip tubing to expose areas that might demonstrate the cause of the sand clogging. It was apparent to me that excessive solids (organic sludge) had built up in the sand as evidenced by the black layer of sand around the tubing. In my opinion the "ponding/elogging" of the filter is severe and the unit(s) need to be repaired asap. Since these sand filters have operated at near treatment capacity for —13 years since they were upgraded from intermittent to recirculating sand filters using drip irrigation distribution system, I am recommending that these sand filters be completely rebuilt. The rebuild should include the following: 1. Removal of the existing sand down to the support gravel. 2. Removal of the existing drip tubing. 3. Install new certified sand with the following characteristics: a. Effective Size 0.045-0.55 mm b. Uniformity Coefficient <3 c. Dust Content <0.5% 4. Install new drip tubing at —10" deep per existing plans. It appears that the timing of the rebuild may be delayed until the end of the current school year if you are able to maintain compliance with effluent limitations. We can discuss other alternative operations if necessary. I will begin an expense report for the materials and vendor prices to perform the rebuild If you need additional information or have questions, please call me. �-Vi'�---jbK PLANT OPERATION SECTION XPDRS APPLICATION - FORM D For privately -owned trastment system tkestia 100% domestic wastawoteas s1.0 ROD Hail tho complete applieatlon to: N. C. DOM / Division of Water Quality J NFM Unit 1617 ldail Service Cuter, Rale%h, NC 27699-1617 NPDES Kermit �7148 if you are completing this foray in computer use the TAB key or the nip - down amours to move from one field to the neiet 2b check the boxes, click your mouse on top of the box Othheru sq pleaseprint or type. 1. cointnat Ia formation: . Owner Name McDowell County Schack Facility Name Nebo 1 ipmentar9 Mailing Address 2107 Shaw Hill Road City rftrian state / Zip Code NC 28792 Telephone Number 928-532.6504 Fax Number (8281 i2.5814 e-mail Address garvJntrh&s@w*dow6ll.k12.no.us 2. Location of facility producing discharge: Check here if sense address as above ❑ RECEIVEDIDENR/DWR Street Address or State Road NC9K1686 City - h���'r( ;$ 0 2 013 State / Zip cede _ mister Quality County loDos►ell permitting Section 3. Operator Information: fimne of the fina, public organizmyon or o0wr entity that operates the facility. (Note that. this is not referfing to the Operator (n Responsible Charger or CRC} Name maDowell County Schools Mailing Address 2107 Sugar Hill Road City State / Zip Code Dorian uroisior NC 29752 • Telephone Number 828-662-6504 Fax Number (828(882.6614 e-mail Address garvdatrig<teQme�leasvell.LalaF.icc.ttt� CE VED of Water Resources - 2 2015 Mf-ltg' 9e RRY Regional Operations Asheville Regional C)fiice VHllp V ^L C. !- Y mq uopnqiqW ttpp %Tani aapMagwz aapp 009,01'm 4mpaW 4atga4'maM p=m *awns leap '$an 21 110044" Pop V" and" mgmm a rap aovd 000 *1 wa AWN Gax S kwo Aadnd fo pays? aVtndM, n u# uWft lupmp;94 vWjb uoudrwsap Sou sr paprnaud aids -sruoydsot fd pUDtw6QJW ':s'SlE VOEPOf Pfimm 24190 s apvmJd'a ypvdLv 6ulpnyW WUO=duw PVDPAa 012;07 aaaIX& vomvm ap Gamma •6 :ua4mnQ . moao *Snlgaslp ROOM nd VAIG 0ctaNuu0491 if gu"*u*m ❑ anenupwo X w2ssRoa aje Abasubam '9 upgg j"M a<IavjvO u; 3lowo 3pF=Mq' *Mpfo mot aW 6wmoW dm v aWO'd , 4 m (sjunaaw 9ap>49aas jo &umK •A ®lI Y sv�, (] dx�lp � Aille paddp4ba Aa37� aR4 Lo0 (s)agmm map"MPOPl npno i wuw OfteRmp Ormdas 16 sogmnu *UGPa=gOM ADO '9 (m esas &%JUMP=== UUM) t =0 Q (,1Uasago &WPM) WVMRbS S e qv& aoHaagoa 30 NMI •s :pe.ws suomad ja xsgmnH • Ioa�S • :('ay?'SzL�A�8ai 'smm 8uOdogs 131.nad amq augout 'uolslnlpgtis :ol+dwo=) snuaimma;o (s)aamm 6u4 agt. ma = ❑ .10430 ams/Mmly ps jo jaqumM X wGgOs smoH 3o aaqumN © Isquapisag . aa*sotdwS.ro gmnX p IBl�rauzuco� sasSoldua;o jKmn I IBTWwnpul gMddb ::�a4rsm ja scopd�aQ 'b QDZ 0'11a a WWA aRROSp %00Y ftRn4 muoia<am um paac-Qi Ug3d Bad ammu - mouvol a" s aam VYfrrM --a VT V (' ]!0 qpp $Q'poq jo loa ^` g wtp eloW lou luaa MdugjD oDWSZt UstlleM IOUP 6U$ a Iq {uawgslund a sePld lou go -as-not) '4 M AQJ()'O%u ►xis Pegg oilou IGw=lft dq jo'gpMixx m oljou one +q eW4sNndjoMLOP&M OP A)F6 09 lF�'o�bleUl &pue+uetdu! ualaslwmaJ waeaeBeualry Ielue�l� d+�A la sunpeP�6oJ � t.Z sl�n►�� P�IeWE� � Palalado � of pa�be, PCIPW 10 8g49EI BIIPPOW JO $UPpYJe! due e>egnrAeu! 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(m) aSd (vw =o *ft a9}paM ug jo a5wa 8►xtACOLiIq SRcIdM - (vsmw) flU.duut G UM)o MaCIS) om (vvo) sdvf m (fRta2i) 035'O d, SLIP MOM "d1>Mi jutwd od u jowng wand *"I dsa dBB =/P= d1 UOWM=IM 44TM=d Un 3" •01 SstllUl WA V4 Rd D 9*6 9'01 ( 1 Mi au4wad=.L Wei ti ter (J'aumng) wnTmodaay z/ a's 9.Ot Smog Muedsne TMOL MOOT/&m wet wet MJOJ CO Mori T/OK' trot o•et (Qaos) tea trA1t wnwipots P lel M � AkpM AMC of aif/ATa{dsduhwlfa ede(W a�o%ii� jrwl� us nj{uc�arr✓ aua{awiuuw iv3 astfuvw yt, }o.i.s oyi jwo ofibua v dlrypow lw idu+0►t wj rRr a) awm metwmitay awap.mo d vz&wj7&w IYANUM '+tpr RUMP w vodw IP'*slsOPM Mw MWA vftmw ftumu Pero wnuetx:,ue flppwat Vmodw at apalwoauo w!1 small 'paw aq rrpgs BWtdum mpv tuna inqf•68 awpummd-mou110 m./'su ' a4 rJ+alsHdpup arty ndaJatl; ` o ld I t'Poisr! s�4 �!*xl�P MMw de30a 4umm 'vt d.�d� d+�Fl� Oso pa4�ssOi dti� +tt 't t (owed; g eaou aszd 9W ao3) aDlM'� O AM AM 09WMsq TMMV am —gun =v uvina wu wounvon MORGmso3R ALM 'Ot clan wo vM*ftsgtlddm OMMOV %Oot BMWAa twol"s 2UGM189A vex-A►W*Td sod a =Od - HOUVO17MV Mum ��F '� NC®ENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor Garvin Thinks McDowell Co. Schools Nebo Elementary School WWTP 2107 Sugar Hill Road Marion, NC 28752 Dear Permittee: Donald R. van der Vaart . Secretary March 30, 2015 Subject: Acknowledgement of Permit Renewal Permit NCO067148 McDowell County The NPDES Unit received your permit renewal application on March 30, 2015. A member of the NPDES Unit will review your application. They will contact you if additional information is required to complete your permit renewal. You should expect to receive a draft permit approximately 30-45 days before your existing permit expires. If you have any additional questions concerning renewal of the subject permit, please contact Bob Sledge (919) 807-6398. Sincerely, I /\/ re vv T [ntA f o roL Wren Thedford Wastewater Branch cc: Central Files Yske—V371i1c1PRegjo aTl,,Office, NPDES Unit 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 Phone: 919-807-63001 Fax: 919-807-64921Customer Service: 1-877-&2-.6Z48' Internet:: www.ncwater.orq RECEIVED XlWjoa of Water Resourc* APR - 2 2015 Water Ou ft Replant Operefons Asheville Regional Office An Equal OpportunityMrmative Action Employer WDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor Mr. Garvin Trinks McDowell County Schools 709 Sugar Hill Road Marion, North Carolina 28752 Dear Mr. Trinks: Division of Water Resources Water Quality Programs Thomas A. Reeder Director February 26, 2014 John E. Skvarla, III Secretary Subject: NOTICE OF VIOLATION NOV-2014-LV-0078 Permit No. NCO067148 Nebo Elementary School WWTP McDowell County A review of Nebo Elementary School WWTP's monitoring report for October 2013 showed the following violation: Parameter Date Limit Value Reported Limit Type Value Flow, in conduit or thru 10/31/2013 0.008 mgd 0.013 mgd Monthly Average treatment plant 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. 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. Lan n Davidson, P.G., Regional Supervisor Water Quality Regional Operations cc. W Ash0me � les WQ Central Files James & James Environmental/ ORC G:\WR\WQ\McDowell\Wastewater\Minors\Nebo School 67148\NOV-2014-LV-0078.doc Water Quality Regional Operations — Asheville Regional Office 2090 U.S. Highway 70, Swannanoa, North Carolina 28778 Phone: (828) 2964500 FAX: (828) 299-7043 Internet: hUp://portal.ncdenr.org/web/wq/ws An Equal Opportunity) Affirmative Action Employer 6,DO A w JAMES & JAMES ENVIRONMEN' '$ PO BOX 1354, MOUNTAIN HOME, NC1. (828) 697-0063 OFFICE':: (828) 697-0065 FAX MAR - 9 2012 WATER QUALITY SECTION PERFORMANCE ANNUAL REPORT ,20 1 ASHEVILLE REGIONAL OFFICE Mr. Garvin Trinks Per[ t44ttt r' W-00671�48•- " McDowell County Schools -,M Nebo Elementary School System Description A dual train sand bed with gravity flow influent into a 14,500 gallon dual chamber septic tank with dual -siphon dosing tanks, dual surface sand filters, 10,500 gallon recirculation tank, drip distribution, tablet feed chlorinator, chlorine contact chamber, tablet feed de -chlorinator, and effluent gravity line. Performance This system operated extremely well with the regular maintenance on the filters and had only two violations in regards to Ammonia Nitrogen. There is a joint effort between James & James and the staff of McDowell County Maintenance to back wash the beds through the filters regularly. Violations and corrective actions taken 1. February, 2011 a. Ammonia Nitrogen i. 2/15 @ 38.7 mg/1 ii. Monthly Average 34.3 mg/1 1. Due to unknown circumstances, the water was re -circulated and the results greatly dropped by the end of the month. 2. April, 2011 a. Ammonia Nitrogen i. 4/8 @ 41.2 mg/1 ii. Monthly Average 20.7 mg/1 1. Due to unknown circumstances, the water was re -circulated and the results greatly dropped by the end of the month. This report has been sent to the Owner with directions to give notification of the availability of this report to each of their users. A certified statement will be sent to the State when this notice has been issued. I certify under penalty of law that this report is complete and accurate to the best of my knowledge. I further certify that this report has been made available to the users or customers of the named system and that those users have been notified of its availability. I also certify that this report has been given to the owner of this facility with explicit directions to make the user aware of the availability of this report and the location with which a copy can be viewed or received. James & James Environmental Mgt., Inc cannot certify that the latter has been completed and will enclose a letter of certification to be mailed to the State of North Carolina on behalf of this entity along with all pertinent information regarding this system for the conclusion of this requirement. Thank you, Juanita James a James &James Environmental Management, ement, Inc. MAR - 5 2012 �'T L>a E C C '�' Y NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman Governor Director Secretary May 9, 2012 Garvin Trinks McDowell County Schools 709 Sugar Hill Rd Marion NC 28752 SUBJECT: Compliance Evaluation Inspection Nebo Elementary School WWTP Permit No: NCO067148 McDowell County Dear Mr. Trinks: 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 NC0067148. Please refer to the enclosed inspection report for additional observations and comments. If you or your staff have any questions, please cal me at 828-296-4500. Sincerely, Jeff nzel Environmental Specialist Enclosure cc: Juanita Reed James, ORC Central Files shevMil °Ie'Fiies`° SURFACE WATER PROTECTION — ASHEVILLE REGIONAL OFFICE Location: 2090 U.S. Highway 70, Swannanoa, NC 28778 One Phone: (828) 296-4500\FAX: 828 299-7 43 NorthCarolliina Internet: www.ncwaterquality.orqCfW Natura!!b( S:\SWP\McDowell\Wastewater\Minors\Nebo School 67148\67148 CEI 2012.docx United States Environmental Protection Agency Form Approved. EPA Washington, D.C. 20460 OMB No. 2040-0057 Approval expires 8-31-98 Section A: National Data System Coding (i.e., PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 INI 2 15 I 31 NCO067148 111 121 12/04/24 117 18I C I 19I S I 20I II Remarks 21111111111111111111111111111111111111111111111i6 Inspection Work Days Facility Self -Monitoring Evaluation Rating B1 CIA --------------------Reserved ----- --------------- 67I 169 70131 711 I 721 N I 73I I 174 751 I I I I I I 180 I_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) Nebo Elementary School WWTP 08:10 AM 12/04/24 10/01/01 Exit Time/Date Permit Expiration Date 320 S Main St Marion NC 28752 08:30 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 Garvin Trinks,709 Sugar Hill Rd Marion NC 28752//828-652-5504/ Contato No Section C: Areas Evaluated During Inspection (Check only those areas evaluated) Operations & Maintenance 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 spector(s Agency/Office/Phone and Fax Numbers Date Jeff Menzel ` ARO WQ//828-296-4500//�//,� Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date EPA Form 3560-3 (Rev 9-94) Previous editions are obsolete. Page # 1 NPDES yr/mo/day Inspection Type 3I NCO067148 I11 12, 12/04/24 117 18I d 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: NCO067148 Owner -Facility: Nebo Elementary School WWTP Inspection Date: 04/24/2012 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: Sand Filters (Low rate) Yes No NA NE (If pumps are used) Is an audible and visible alarm Present and operational? ■ n n n Is the distribution box level and watertight? ■ n n n Is sand filter free of ponding? ■ n ❑ n Is the sand filter effluent re -circulated at a valid ratio? ■ n n n # Is the sand filter surface free of algae or excessive vegetation? ■ n n n # Is the sand filter effluent re -circulated at a valid ratio? (Approximately 3 to 1) ■ 0 Comment: Page # 3 i ..) - r_ NCDENR North Carolina Department of Environment and Natural Resources Beverly Eaves Perdue Governor GARVIN TRINKS MCDOWELL COUNTY SCHOOLS 709 SUGAR HILL RD MARION NC 28752 Division of Water Quality Coleen H. Sullins Director December 22, 2011 SUBJECT: Payment Acknowledgment Civil Penalty Assessment P bm_entary=School WWTP Permit Number: NCO067148 Case NumberIMM-2l �`C10 k McDowell County Dear Mr. Trinks: Dee Freeman Secretary This letter is to acknowledge receipt of check number 341244 in the amount of�3:2 QQ' received from you dated �I�ecM, 9, Mi '= Xihis payment satisfies in full the above civil assessment levied' against the subject facility, and this case has been closed. Payment of this penalty in no way precludes future action by this Division for additional violations of the applicable Statutes, Regulations, or Permits. If you have any questions, please call Bob Guerra at 919-807-6387. Sincerely, ovonah Weeden;L,>,:;..:_ :. � cc: Central Files ►�I' - Q�1->��she�ui�lil�;Iegi'�1.���+ � c:np '�r�isor 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 Phone: 919-807-63001 FAX: 919-807-64921 Customer Service: 1-877-623-6748 Internet: www.ncwaterquality.org An Equal Opportunity 1 Affirmative Action Employer r II�1s III: ILI Li DEC 2 C 20;1 One NAorthCarolina l��N'�fiUA'/�IO KUM North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Governor Director November 17, 2011 CERTIFIED MAIL RETURN RECEIPT REQUESTED — 7010 1870 0003 0874 8011 Mr. Garvin Trinks McDowell County Schools 2107 Sugar Hill Road Marion, North Carolina 28752 Dee Freeman Secretary 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 NCO067148 McDowell County Schools Nebo Elementary School WWTP Case N*i.L*W_ff 3N0636 McDowell County Dear Mr. Trinks: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $392.00 ($250.00 civil penalty + $142.00 enforcement costs) against McDowell County Schools. This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report (DMR) submitted by McDowell County Schools for the month of April 2011. This review has shown the subject facility to be in violation of the discharge limitations and/or monitoring requirements found in NPDES Permit NC0067148. The violations which occurred in April 2011 are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that McDowell County Schools violated the terms, conditions or requirements of NPDES Permit NCO067148 and G. S. 143-215. 1 (a)(6) in the manner and extent shown in Attachment A. In accordance with the maximums established by G.S. 143-215.6A(a)(2), a civil penalty may be assessed against any person who violates the terms, conditions or requirements of a permit required by G.S. 143-215.1(a). Based upon the above findings of fact and, conclusions of law, and in accordance with authority provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Quality, I, Chuck Cranford, Division of Water Quality Regional Supervisor for the Asheville Region, hereby make the following civil penalty assessment against McDowell County Schools: NoorthCarohna Aahmilly SURFACE WATER PROTECTION — ASHEVILLE REGIONAL OFFICE Location: 2090 U.S. Highway 70, Swannanoa, NC 28778 Phone: (828) 296-4500\FAX: 828 2997043\Customer Service: 1-877-623-6748 Internet: www.ncwaterguality.org 0 of the 1 violations of G:S. 143-215.1(a)(6) and NPDES Permit No. $.00 NC0067148, by discharging waste water into the waters of the State in violation of the Permit Daily Maximum limit for NH3-N - Conc. 1 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No. $250.00 NC0067148, by discharging waste water into the waters of the State in violation of the Permit Monthly Average limit for NH3-N - Conc. $250.00 TOTAL CIVIL PENALTY $142.00 Enforcement Costs $392.00 TOTAL AMOUNT DUE Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 143B- 282. 1 (b), which are: (1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation; (2) The duration and gravity of the violation; (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; (6) Whether the violation was committed willfully or intentionally; (7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and (8) The cost to the State of the enforcement procedures. Within thirty days of receipt of this notice, you must do one of the following: 1. Submit payment of the penalty: Payment should be made directly to the order of the Department of Environment and Natural Resources (do not include waiver form). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). Please submit payment to the attention of: Point Source Compliance/Enforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 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 anu agreement that no factual or legal issues are in dispute. Please prepare a detailed statement that establishes why you believe the civil penalty should be remitted, and submit it to the Division of Water Quality at the address listed below. In determining whether a remission request will be approved, the following factors shall be considered: (1) whether one or more of the civil penalty assessment factors in NCGS 14313-282.1(b) was wrongfully applied to the detriment of the petitioner; (2) whether the violator promptly abated continuing environmental damage resulting from the violation; (3) whether the violation was inadvertent or a result of an accident; (4) whether the violator had been assessed civil penalties for any previous violations; or (5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Please note that all evidence presented in support of your request for remission must be submitted in writing. The Director of the Division of the Division of Water Quality will review your evidence and inform you of his decision in the matter of your remission request. The response will provide details regarding the case status, directions for payment, and provision for further appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty Remissions (Committee). Please be advised that the Committee cannot consider information that was not part of the original remission request considered by the Director. Therefore, it is very important that you prepare a complete and thorough statement in support of your request for remission. In order to request remission, you must complete and submit the enclosed "Request for Remission of Civil Penalties, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form within thirty (30) days of receipt of this notice. The Division of Water Quality also requests that you complete and submit the enclosed "Justification for Remission Request." Both forms should be submitted to the following address: Point Source Compliance/Enforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Mn 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 AdmimstrativeHearings 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: (919) 431-3000 Fax: (919) 431-3100 One (1) copy of the petition must also be served on DENR as follows: Mary Penny Thompson, General Counsel DENR 1601 Mail Service Center Raleigh, NC 27699-1601 Failure to exercise one of the options above within thirty (30) days of receipt of this notice, 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, Chuck Cr d, Regional pervisor Surface Water Protection Section Asheville Regional Office ATTACHMENTS cc: DWQ+ Ashevdille Files iv/ attachments DWQ Central Files w/ attachments Bob Guerra/ DWQ Point Source w/ attachments James & James Environmental/ ORC w/ attachments S.',.S4! P1McDone1111�'astcwaterl-IinorslNeho School 671481LM-201 1-0036.doe JUSTIFICATION FOR REMISSION REQUEST DWQ Case Number: LM-2011-0036 County: McDowell Assessed Party: McDowell County Schools / Nebo Elementary Permit No.: NC0067148 Amount Assessed: $392.00 Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form to request remission of this civil penalty. You should attach any documents that you believe support your request and are necessary for the Director to consider in evaluating your request for remission. Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 14313-282. 1 (c), remission of a civil penalty may be granted only when one or more of the following five factors applies. Please check each factor that you believe applies to your case and provide a detailed explanation, including copies of supporting documents, as to why the factor applies (attach additional pages as needed). (a) one or more of the civil penalty assessment factors in N.C.G.S. 14313-282. 1 (b) were wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil penalty assessment document); (b) the violator promptly abated continuing environmental damage resulting from the violation (i.e., explain the steps that you took to correct the violation and prevent future occurrences); (c) the violation was inadvertent or a result of an accident (i.e., explain why the violation was unavoidable or something you could not prevent or prepare for); (d) the violator had not been assessed civil penalties for any previous violations; _ (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions (i. e., explain how payment of the civil penalty will prevent you from performing the activities necessary to achieve compliance). EXPLANATION: STATE OF NORTH CAROLINA COUNTY OF MCDOWELL IN THE MATTER OF ASSESSMENT OF CIVIL PENALTIES AGAINST MCDOWELL COUNTY SCHOOLS/ NEBO ELEMENTARY SCHOOL PERMIT NO. NCO067148 DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES WAIVER OF RIGHT TO AN ADMINSTRATIVE HEARING AND STIPULATION OF FACTS FILE NO. LM-2011-0036 Having been assessed civil penalties totaling $392.00 for violation(s) as set forth in the assessment document of the Division of Water Quality dated November 17, 2011, the undersigned, desiring to seek remission of the civil penalty, does hereby waive the right to an administrative hearing in the above -stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the director of the Division of Water Quality within thirty (30) days of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after (30) days from the receipt of the notice of assessment. This the day of , 20 SIGNATURE ADDRESS TELEPHONE ATTACHMENT A McDowell County Schools CASE NUMBER: LM-2011-0036 a PERMIT: NCO067148 FACILITY: Nebo Elementary School WWTP. COUNTY: McDowell REGION: Asheville Limit Violations MONITORING OUTFALL/ VIOLATION UNIT OF CALCULATED % OVER PENALTY REPORT PPI LOCATION PARAMETER DATE FREQUENCY MEASURE LIMIT VALUE LIMIT VIOLATION TYPE $.00 4-2011 001 Effluent NH3-N - Conc 04/08/11 Monthly mg/I 35 41.2 17.71 Daily Maximum Exceeded $250.00 4-2011 001 Effluent NH3-N - Conc 04/30/11 Monthly mg/l 14.4 20.75 44.10 Monthly Average Exceeded Monitoring Violations MONITORING OUTFALLI VIOLATION UNIT OF CALCULATED % OVER PENALTY REPORT PPI LOCATION PARAMETER DATE FREQUENCY MEASURE LIMIT VALUE LIMIT VIOLATION TYPE $.00 4-2011, 001 Effluent TEMP-C 04/16/11 Weekly deg c Frequency Violation ' DIVISION OF WA1 ric QUALITY - CIVIL PENALTY ASSI:aaMENT (FILE) Violator: McDowell County Schools / Nebo Elementary School / NCO067148 (April 2011 Dr1R ) County: McDowell Case Number: LM-2011-0036 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; One Daily Max Nitrogen Ammonia exceeded the permit limit by 17.71%. One Monthly Average Nitrogen Ammonia exceeded the permit limit by 44.09%. 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 more sampling of ammonia nitrogen beyond, what is required and the cost of regular solids management. 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. $142.00. o 'n ) )I Dat Chuck Cra f d, Regional upervisor Surface er Protection Section Asheville Regional Office 11 /16/2011 NPDES PERMIT NO. NCO067148 Mail ORIG ATTN:CENTIR DENR-DWQ 1617 MAIL SE] RALEIGH, NC QA Ggggggg ippppn``1gg1,,� O N 1 1_ R L• tl , EFFLUENT SCI3AIGE NO. 001 MONTH APRIL B . BY 7 ` ® CC ,� OFF i� YEAR 2011 SIGNATURE, I CERTIFY THAT THIS REPORT IS TE AND COMPLETE TO THE BEST OF MY KNOWLEDGE. 5-25-11 Ty Man - Wrik'50M®®®® I I 1 ® 1 • I �� III • '�l®®��-��®� IS�v�s�t�vv I�®-S DEM Form MRA (01/00) ghte- ; rd // /VDV — p pJ4 ii 1� 11 Facility Status (Please check one of the following) 0 All monitoring data and sampling frequencies meet permit requirements All monitoring data and sampling frequencies do NOT meet requirements Compliant Noncompliant If the facility is noncompliant, please comment on corrective actions being taken in respect to equipment, operation, maintenance, etc. and a time table for improvements to be made. NL = NO LIMIT B = BOD data valid; Blank was >0.20mg/L V = Fecal = Data valid; incubated > 26 hours Elevated Ammonia the beginning of the month. Facility tanks were pumped and the field tests were still elevated. Recirculation of the tanks began the second week and the results dropped on the 28th of the month. Levels are still down currently. "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. 1 am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations." McDOWELL COUNTY SCHOOLS !� P.rmittee (Please print or ty e) I •'�.ZrL �f 5-25-11 nature of Permittee— DATE 2107 SUGAR HILL RD. MARION, NC 28752 828-697-0063 12-31-2014 Permittee Address Phone Number Permit Exp. Date PARAMETER CODES 00010 Temperature 00556 Oil & Grease 00951 Total Flouride 01067 Nickel 50060 Total 00076 Turbidity 00600 Total Nitrogen 01002 Total Arsenic 01077 Silver Residue 00080 Color (Pt -Co) 00610 Ammonia Nitrogen 01092 Zinc Chlorine 00082 Color (ADMI) 00625 Total Kjeldhal 01027 Cadmium 01105 Aluminum Nitrogen 00095 Conductivity 000630 Nitrate/Nitrites 01032 Hexavalent Chromium 01147 Total Selenii 71880 Formaldehyde 00300 Dissolved Oxygen 01034 Chromium 31616 Fecal Colifo171900 Mercury 00310 BOD5 00665 Total Phosphorous 32730 Total Pheno 81651 Xylene 00340 COD 00720 Cyanide 01037 Total Cobalt 34235 Benzene 00400 pH 00745 Total Sulfide 01042 Copper 34481 Toluene 00530 Total Suspended 00927 Total Magnesium 38260 MBAS Residue 00929 Totall Sodium 01045 Iron 39516 PCBs 00545 Settleable Matter 00940 Total Chloride 01051 Lead 50050 Flow Parameter Code assistance may obtained b callingthe Water _Quality Compliance Group at (919) 733_5083, extension 581 or 534_ The monthly average for fecal coliform is to be reported as a GEOMETRIC mean. Use only units designated in the reporting facility's permit for reporting data. `ORC must visit facility and document visitation of facility as required per 15 A NCAC 8A .0202 (b) (5) (B). —if signed by other than the perrmittee, delegation of signatory authority must be on file with the state per 15A NCAC 26.0506 (b) (2) (D)• CC Y Permit Enforcement History Details by Owner 11/16/11 1 Owner: McDowell County Schools Facility: Nebo Elementary School WWTP Permit: NCO067148 Region: Asheville County: McDowell Penalty Remission Enf EMC EMC OAH Collection Has Assessment Penalty Enforcemen Request Enf Conf Remission Hearing Remission Remission Memo Sent Balance Pmt Case Case Number MR Approved Amount t Costs Damages Received Held Amount Held Amount Amount to AGO Total Paid Due Plan Closed LV-1992-0043 12/09/92 $2,500 $167.00 $.00 12/29/92 03/31/93 $1,000.00 $.00 $.00 $1,667.00 $.00 No 09/14/93 LV-2000-0281 07/17/00 $1,000 $81.38 $1,081.38 $.00 No 08/03/0( LV-2001-0231 06/25/01 $2,750 $81.38 $2,831.38 $.00 No 07/26/01 LV-2002-0007 01/07/02 $2,250 $81.38 $2,331.38 $.00 No 01/23/02 LV-2002-0042 02/20/02 $2,500 $85.00 $2,585.00 $.00 No 03/04/02 LV-2002-0097 04/16/02 $1,250 $100.00 $1,350.00 $.00 No .05/10102 LV-2002-0107 04/22/02 $2,500 $125.00 $2,625.00 $.00 No 05/10/02 LV-2002-0108 04/22/02 $3,038 $135.00 $3,173.00 $.00 No 05/10/02 LV-2002-0262 07/15/02 $1,813 $145.00 $1,958.00 $.00 No 08/27/02 LV-2002-0326 08/20/02 $363 $145.00 $508.00 $.00 No 09/24/02 Total Cases: 10 Total Penalty Amount: $19,964 Total Enforcement Cost: $1,146.14 Sum of Total Pald: $20,110.14 Total Balance Due: $.00 Sum of Total Case Penalties: $21,110.14 Total Penalties after remission(s): $20,110.14 NCDENR . FL North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Garvin Trinks McDowell County Schools Nebo Elementary School WWTP 709 Sugar Hill Road Marion, North Carolina 28752 Dear Mr. Trinks: October 13, 2011 7010 1870 0003 0875 4531 Subject: Notice of Violation and Recommendation for Enforcement Tracking #: NOV-2011-LM-0049 Nebo Elementary School WWTP NPDES Permit No. NCO067148 McDowell County A review of the April 2011 self -monitoring report for the subject facility revealed violations of the following parameters: Date Outfall Parameter Reported Value Permit Limit 04/08/2011 001 Ammonia Nitrogen 41.2 mg/ L 35 mg/ L 04/30/2011 001 Ammonia Nitrogen 20.75 mg/ L 14.4 mg/ L Date Outfall Parameter Frequency Violation 04/16/2011 001 Temperature Weekly Failure to Monitor 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. NC0067148. 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 April 2011 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. SURFACE WATER PROTECTION SECTION —ASHEVILLE REGIONAL OFFICE Location: 2090 U.S. Highway 70, Swannanoa, North Carolina 28778 Phone: 828-296-4500\ Fax: 828-299-7043 \ Customer Service: 1-877-623-6748 Internet: http://Portal.nodenr.orah kLly� An Equal Opportunity \ Affirmative Action Employer— 50% Recycled/10% Post Consumer paper NorthCarolina ;Vatura!!rl Mr. Garvin Trinks October 13, 2011 Page Two Remedial actions, if not already implemented, should be taken to correct any problems. The Division of Water Quality 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, D. Keith Ha*y,ing Regional Supervisor Surface Water Protection Section Asheville Regional Office cc: DWQ Asheville Files Bob Guerra/ DWQ Point Source Branch S:`•.SWP1N9cl)otia•ell'xWasteivater'iMinors\Nebo School 67143CNOV-NRE-2011-1-M-0044.doc P .DAMES & JAMES ENVIRONMENTAL MANAGEMENT, INC PO BOX 519 MOUNTAIN HOME, NC 28758 828-697-0063 Fax: 828-697-0065 Date: ID- 22-11 Number of pages: Attention: t ComDanv: Fax Number: �q- Voice Number: i r From: ^ , SUBJECT:�r�ke PO BOX 519, MOUNTAIN HOME, NC 28758 697-0065 FAX October 22, 2011 North Carolina Division of Water Quality Surface Water Protection Service Asheville Regional Office 2090 U.S. Highway 70 Swannanoa, NC 28778 Re: Nebo Elementary School McDowell County Schools Permit Number NCOO67148 NOV-201 1 -LM-0049 Dear Ms. Cantwell, This letter is in response to the violation for the month. of April, 2011 dated October 13, 2011 and received on or about October 19, 2011 by the owner.- It is in reference to NOV-201 I-LM-0049. There were noted two elevated Ammonia Nitrogen results, and one weekly temperature that was left off the DMR. The elevated result for Ammonia Nitrogen was directly related to the rapidly changing temperatures the end of March. The ambient temperatures fluctuated greatly during this period, The facility was pumped after the first result on the 8 h and field tests revealed the levels were still elevated. Recirculation of the effluent prior to chlorine was started during the middle of the month. This process did begin to bring down the levels as the results on the 28'h indicated. The facility has been able to maintain compliance throughout the rest of the summer months and remains compliant today. The weekly temperature was an oversight on our part, and an amended DMR is included and a copy is being forwarded to Raleigh. The operator, Joseph Simmons, is no longer with this company so 1, Juanita James, had to sign as the representative. We believe that the steps taken to abate any further compliance issues with this plant in a timely manner. We would appreciate consideration with regard to issuing a fine. Thank you, r Harry &'.Fuanita lames ■7 NCD NR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Governor Director October 13, 2011 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr, Garvin Trinks McDowell County Schools Nebo Elementary School WWTP 709 Sugar Hill Road Marion, North Carolina 28752 Dear Mr. Trinks: 7010 1870 0003 0875 4631 Subject: Notice of Violation and Recommendation for Enforcement Tracking #: NOV-2011-LM-0049 Nebo Elementary School WWTP NPDES Permit No. NCO067149 M.gDowe11 County Dee Freeman Secretary A review of the April 2011 self -monitoring report for the subject facility revealed violations of the following parameters, Date autfall Parameter Reported Value Permit Limit 04/08/2011 001 Ammonia Nitragen 41.2 m L 35 mg1 L 04130/2011 001 Ammonia Nitrogen' 20.75 m / L 144 m L Date Outfall Parameter Fre uenc Violation 04/16/2011 001 J Temperature I Weekly Failure to Monitor A Notice of Violation/ Notice of Recommendation for Enforcement (NOV/NRE) is being issued for the noted violation ofNorth Carolina. General Statute (G.S.) 143-215.1 and NPDES Permit No. NC0067148. 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. 143-213,1. 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 April 2011 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. SURFACE WATER PROTECTION SECTION—ASHEVILLIE REGIONAL OFFICE Location: 2090 U.S. Highway 70, Swarmanoe. Nance Carolina 28778 Phone: 82&29645001 Fax: M299-70431 C ustomor Service: 1-877-623.6748 Internet:hihrlloortal.ncdenroig In ; An Fqua3Oppwtumify \ Af6rmallve Action Employer— 5014 Recycled(30% Pose Camumar.naper NOne la•&C'1-rWA ry EFFLUENT NPDES PERMIT NO. NCO0671448 DISCHARGE NO. 001 MONTH APRIL YEAR 2011 (ORQ JOSEPH SIMMONS GRADE III PHONE 828-697-0063 L ) JAMES & JAMES ENVIRONMENTAL MGT., ZINC. - #482 .NYail ORIGINAL and ONE COPY to: x,/ 5 25 1 1 ATTN: CENTRAL FILES (S] O A PER R 11V RESPONSIBLE CHARGE) DATE DENR-DWQ BY 111S SIGNATURE, I CERTIFY THAT THIS REPORT IS 1617 MAIL SERVICE CENTER ACCURATE AND COMPLETE TO TTTE BEST OF MY KNOWLEDGE. R4LEIGH, NC 27699-1617 - e OEM Form MR-1 (01/00) -ILE COPY NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary May 10, 2011 Mr. Garvin Trinks McDowell County Schools 709 Sugar Hill Road Marion, North Carolina 28752 Subject: NOTICE OF VIOLATION NOV-2011-LV-0172 Permit No. NCO067148 Nebo Elementary School WWTP McDowell County Dear Mr. Trinks: A review of Nebo Elementary School WWTP's monitoring report for February 2011 showed the following violations: Parameter Date Limit Value Reported Value Limit Type Nitrogen, Ammonia Total 02/15/2011 35 mg/I 38.7 mg/1 Daily Maximum (as N) - Concentration Exceeded Nitrogen, Ammonia Total 02/28/2011 29 mg/1 34.25 mg/I Monthly Average (as N) - Concentration 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 . The Division of Water Quality may pursue enforcement action for this and any additional violations of State law. If you should have any questions, please do not hesitate, to contact Janet. Cantwell at 828/296-4500. Sincerely, Roger C. Edwards, Regional Supervisor' Surface Water Protection Section I �11�Ih IT1'�li'� Li cat ti I t aZ G i l ac�!� DWQ Central Files James & James Environmental/ ORC S:1SWP1McDowell\W2stewater\Minors\Nebo School 67148WOV-2011-LV-0172.doc Noe Carolina 1Xiura!!y North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, N.C. 28778 Phone(828)296-4500 Customer Service F Internet: ww.ncwaterauality.ora � (828)299-7043 1-877-623-6748 uv AiiPAL NCQENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary February 8, 2011 Mr. Garvin Trinks McDowell County Schools 2107 Sugar Hill Road Marion, North Carolina 28752 Subject: NOTICE OF VIOLATION NOV-2011-LM-0006 Permit No. NCO067148 Nebo Elementary School WWTP McDowell County Dear Mr. Trinks: A review of Nebo Elementary School .WWTP's monitoring report for September 2010 showed the following violations: Parameter Date Limit Value Reported Value Limit Type Flow, in conduit or thru treatment plant 09/30/2010 0.008 mgd 0.015 mgd Monthly Average Exceeded Parameter Date Measuring Frequency Violation Temperature Week ending 09/04/2010 Weekly Failure to Monitor It was also noted that the Compliance box on the back of the DMR was marked "Compliant" when in fact it should have been marked "Non -Compliant" with an explanation for the non-compliance. If the above parameter for Temperature 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. The back/ Compliance Status page is required by your NPDES permit to be signed by the permittee. Please send the signed back page of the DMR within 10 business days of receipt of this letter toRaleigh 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, Ve . Roger C. Edwards, Regional Supervisor Surface Water Protection Section As , e�cillg"Files DWQ Central Files James & James Environmental/ ORC S:1SWP1McDowelllWastewaterlMinorslNebo School 671481NOV-2011-LM-0006.doc NoLCarolina �atura!!y North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, N.C. 28778 Phone(828)296-4500 Customer Service Internet: www.ncwatergualitv.om FAX (828)299-7043 1-877-623-6748 NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary December 10, 2010 Mr. Garvin Trinks McDowell County Schools 709 Sugar Hill Road Marion, North Carolina 28752 Subject: NOTICE OF VIOLATION NOV-2010-LV-0439 Permit No. NC0067148 Nebo Elementary School WWTP McDowell County Dear Mr. Trinks: A review of Nebo Elementary School WWTP's monitoring report for May 2010 showed the following violation: Parameter Date Limit Value Reported Value Limit Type Flow, in conduit or thru treatment plant 05/31/2010 0.0075 mgd 0.012 mgd Monthly 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. Please respond in writing to this office within 15 days of receipt of this letter addressing this increase in flow at Nebo Elementary School and what steps will be taken to reduce the influent flow to the WWTP. 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 828/296-4600. Sincerely, Roger C. Edwards, Regional Supervisor Surface Water Protection Section Ago.-OwDf'Y°QA'�she teFile' DWQ Central Files James & James Environmental/ ORC S:1SWP1McDowelltWastewaterlMinors\Nebo School 67148WOV-2010-LV-0439.doc Noe Carolina NWA(Mi!y North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, N.C. 28778 Phone(828)296-4500 Customer Service Internet: www.ncwaterg6ality.org FAX (828)299-7043 1-877-623-6748 Al WDEPIR FFILE North Carolina Department of Environment.and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor . Director Secretary Mr. Garvin Trinks McDowell County Schools 709 Sugar Hill Road Marion, North Carolina 28752 December 6, 2010 Subject: NOTICE OF VIOLATION NOV-2010-MV-0174 Permit No. NCO067148 Nebo Elementary School WWTP McDowell County Dear Mr. Trinks: A review of Nebo Elementary School WWTP's monitoring report for June 2010 showed the following violation: Parameter Date Measuring Frequency Violation pH Week ending Weekly Failure to Monitor 06/12/2010 It was also noted that the Compliance box on the back of the DMR was marked "Compliant" when in fact it should have been marked "Non -Compliant" with an explanation for the non-compliance. If the above parameter was left off inadvertently, please send an amended DMR within 10 business days of receipt of this letter to Raleigh at the address found on the front page of your DMR. Remedial actions should be taken to correct this problem. The Division of Water Quality may pursue enforcement action for this and any additional violations of State law. If you should have any questions, please do not hesitate to contact Janet Cantwell at 8281296-4500. Sincerely, Roger C. Edwards, Regional Supervisor Surface Water Protection Section c��DWQ Ashevikle Flle_s� DWQ Central Files James & James Environmental/ ORC N�o e acaroa Carolin S:\SWP\McDowell\Wastewater\Minors\Nebo School 67148\N0V-2010-MV-0174Aoc N North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, N.C. 28778 FA e(828)299-7043 1 877-623-67486-4500 Customer e Internet: www.r---•___.._:... .. i NCDENR North Carolina Department of Environment and Natural Resources Beverly Eaves Perdue Governor Mr. Garvin Trinks McDowell County Schools 709 Sugar Hill Road Marion, North Carolina 28752 Dear Mr. Trinks: Division of Water Quality Coleen H. Sullins Director March 23, 2010 Subject: NOTICE OF VIOLATION NOV-2010-LM-0009 Permit No. NCO067148 Nebo Elementary School WWTP McDowell County Dee Freeman Secretary A review of Nebo Elementary School WWTP's monitoring report for October 2009 showed the following violations: Parameter Date Limit Value Reported Value Limit Type Flow, in conduit or thru treatment plant 10/31/09 0.0075 mgd 0.0078 mgd Monthly Average Exceeded Parameter Date Measuring Frequency Violation Temperature, Celcius 10/03/09 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 828/2964500. Sincerely, Roger C. Edwards, Regional Supervisor Surface Water Protection Section cc-7-,7-T_ DWQ-Asheville D1NQ Central Files James & James Environmental/ ORC S.tSWPtMCDowe111Wastewater\MlnorSlNebo School 671481NOV-2010-LM-0009.03-22--10.doc North Carolina ,Natura!!y North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, N.C. 28.778 Phone(828)296-4500 Customer Service Internet: www.ncwaterguality.org.4M FAX (828)299-7043 1-877-623-6748 Am�� NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary Mr. Garvin Trinks McDowell County Schools Maintenance Director 2107 Sugar Hill Rd Marion, N.C. 28752 Dear Mr. Trinks: November 23, 2009 Subject: Issuance of NPDES Permit NCO067148 L�_,N E._ l6mentaryjScho6 W ?VTP McDowell Co`urity`'' 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 Coasial Area Management Act or any other Federal or Local governmental permit that maybe required. If you have any questions concerning this permit, please contact Charles Weaver at telephone number (919) 807-6391 or via e-mail [charles.weaver@ncdenr.gov]. cc: Central Files Asheville Regional Office/Surface Water Protection NPDES Unit 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 7 ,. . 5 512 North Salisbury Street, Raleigh, North Carolina 27604 NOne-r,01111 Phone: 919 807-6300 / FAX 919 807-64951 Internet: www.ncwaterqualky.org An Equal Opportunity/Affirmative Action Employer— 50% Recycled110% Post Consumer Paper Aatmnally Permit NCO067148 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY PERMIT TO DISCHARGE WASTEWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provision of North Carolina General Statute 143-2IS. 1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, the McDowell County Schools are hereby authorized to discharge wastewaterfrom a facility located at the Nebo Elementary School WWTP NCSR 1536 McDowell County to receiving waters designated as an unnamed tributary to Shadrick 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 eJeen H. Sullins, Director ll Division of Water Quality . By Authority of the Environmental. Management Commission Permit NC0067148 , . 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 beating this number is no longer effective. Therefore, the exclusive authority to operate and discharge from this facility arises under the permit conditions, requirements, terms, and provisions included herein. The McDowell County Schools are hereby authorized to: Continue to operate an existing 0.0075 MGD wastewater treatment system with the following components: ♦ 14,500-gallon dual -chamber septic tank ♦ Dual -siphon dosing tank ♦ Dual surface sand filters ♦ Tablet chlorinator with dechlorination equipment ♦ 10,500-gallon recirculation tank ♦ Drip distribution box This facility is located at the Nebo Elementary School WWTP off NCSR 1536 in McDowell County. 2. Discharge from said treatment works at the location specified on the attached map into an unnamed tributary to Shadrick Creek, classified -C waters in Hydrologic Unit 03050101 of the Catawba River Basin. U tolawds Ohapel� _8, / tp ' °U1 !t -1 � ` ';o° ••i �' � �n .. t1 l � i j �.,� L_ .-1.•' \e•�` � ;•�+� 2�_\.:�\ti .','1'� `/�1 ! .. _ 7 I%,�'- J. .00 e00- V11 �(� l: _ NVr-)v1>; G ;-� McDowell County Schools Nebo Elementary NCO0671484 )0 Latitude: 35'42'58" N C O067148 Longitude: 82o55'35" Quad # Marion East, N.C. McDowell County Schools Stream Class: C Nebo Elementary School Hydrologic Unit Code: 03050101 Receiving Stream: UT Shadrick Creek Facility Location r SCALE 1:24000 e Permit NCO067148 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: 0 A 1 yk��QQ� }' &_1 .f' .. � ,.' ��a t• n . Flow i - ....' �� . m..` �'k .'�'i U '.*' ... �2+:ee." `i �`+�� ` ,caF Instantaneous as x�r ll - � 0.0015 MGD Weekly Influent or Effluent BOD, 5-day (20°C) 30.0 mg/L 45.0 mg/L 2/Month Grab Effluent Total Suspended Solids 30.0 mg/L 45.0 mg/L 2/Month Grab Effluent NH3 as N -(April 1- October 31 14.4 mg/L 35.0 mg/L Monthly Grab Effluent NH3 as N November 1- March 31 29.0 mg/L 35.0 mg/L Monthly Grab Effluent Fecal Coliform (geometric mean 200 / 100 ml 400 / 100 ml 2/Month Grab Effluent Total Residual Chlorine (TRC)l 28 pg/L 2/Week Grab Effluent Temperature (°C) Weekly Grab Effluent pH > 6.0 and < 9.0 standard units 2/Month 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. NPDES Permit Standard Conditions Page 1 of 18 PART II STANDARD CONDITIONS FOR NPDES PERMITS SectionA. Deffi Ions 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. 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 loll 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 be ween , sample intervals shall be determined by use of a flow recorder and Version 512009 NPDES Permit Standard Conditions Page 2 of 18" totalizer, and the preset gallon interval between sample collection fixed at no greater than 1/24 of the expected total daily flow at the treatment system, or (4) Constant time/ constant volume: a series of grab samples of equal volume collected over a 24-hour period at a constant time interval. Use of this method requires prior approval by the Director. This method may only be used in situations vdx= effiuerrt flow rates vary less than 15 percerit. 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 ruption throughout the operating hours of the facility. Flow shall be Flow monitoring that occurs without inter monitored continually except for the infrequent times when there may be no flow or for infrequent maintenance activities on the flow device. Daily Discharge The discharge of a pollutant measured during a calendar day or any 24-hour period that reasonably represents the calendar day for purposes of sampling. For pollutants measured in units of mass, the "daily discharge" is calculated as the total mass of the pollutant discharged over the day. The "daily discharge" concentration comprises the mean concentration for a 24-hour sampling period as either a composite sample concentration or the arithmetic mean of all grab samples collected during that period. (40 CFR 122.2) Daily Maximum The highest "daily discharge" during the calendar month. D aily S amplin 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). DWG 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 E nvironmental Protection Agency Facility Closure Cessation of all activities that require coverageunder 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. Version 512009 NPDES Permit Standard Conditions Page 3 of 18 Grab Sample Individual samples of at least 100 ml collected over a period of time not exceeding 15 minutes. Grab samples can be collected manually. Grab samples must be representative of the discharge (or the receiving stream, for instream samples). Hazardous Substance Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the CWA. Instantaneous flow measurement A measure of flow taken at the time of sampling, when both the sample and flow will be representative of the total discharge. Month] Average (concentration limit) The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar month. In the case of fecal coliform, the geometric mean of such discharges. Permit Issuing Authority The Director of the Division of Water Quality. QuarterlyAverage (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. pset An incident beyond the reasonable control of the P ermittee 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. Xte-Wy 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. GenerAConditions 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 reosuance, 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. . Version 512009 NPDES Permit Standard Conditions Page 4 of 18 ' 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 n;yi�ptlyviolates 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(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. [33 USC 1319 (c) (1) and 40 CFR 122.41 (a) (2)] d. Any person who kmdr#y 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(cX3XBXill) 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 motto e $37,500. Penalties for Class II violations are not to exceed $16,000 per y Y g ch 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. D=to Mitigate The Permittee shall take all reasonable steps to minimize or. prevent any discharge or sludge use or disposal in violation of this permit with a reasonable likelihood of adversely affecting human health or the environment [40 CFR 122.41 (d)]. 3. Civil and Criminal Liability Except as provided in permit conditions on "Bypassing" (Part II. C. 4), "Upsets" (Part II. C. 5) and "Power Failures" (Part II. C. 7), nothing 'in this permit shall be construed to relieve the Permittee from any responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3, 143-215.6 or Section 309 Version 512009 NPDES Permit Standard Conditions Page 5 of 18 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 maybe 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 many navigable waters. 7. Severability The provisions of this permit are severable. If any provision of this permit, or the application of any provision of this permit to any circumstances, is held invalid, the application of such provision to other circumstances, and the remainder of this permit, shall not be affected thereby [NCGS 15013-231. 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, revolving and reissuing, or terminating this permit or to determine compliance with this permit. The Permittee shall also furnish to the Permit Issuing Authority upon request, copies of records required by this permit [40 CFR 122.41 (h)]. 9. Dutyto Reapply If the Permittee wishes to continue an activity regulated by this permit after the expiration date of this permit, the Pe n-jittee 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 data 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 US 1251 et. seq. 11. SigagQryRffg&ements All applications, reports, or information submitted to the Permit Issuing Authority shall be signed and certified [40 CFR 122.41(k)]. a.. All petnit 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 Version 512009 NPDES Permit Standard Conditions Page 6 of 18 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 signed by a person described in paragraph a. above or by a duly authorized representative of that person. A person is a duly authorized representative only if: 1. The authorization is made in writing by a person described above; 2. The authorization specified either an individual or a position having responsibility for the overall operation of the regulated facility or activity, such as the position of plant manager, operator of a well or well field, superintendent, a position of equivalent responsibility, or an individual or position having overall responsibility for environmental matters for the company. (A duly authorized representative may thus be either a named individual or any individual occupying a named position.); and 3. The written authorization is submitted to the Permit Issuing Authority [40 CFR 122.221 C. Changes to authorization: If an authorization under paragraph (b) of this section is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, a new authorization satisfying the requirements of paragraph (b) of this section must be submitted to the Director prior to or together with any reports, information, or applications to be signed by an authorized representative [40 CFR 122.221 d. Certification. Any person signing a document under paragraphs a_ or b. of this section .shall make the following certification [40 CFR 122.221. NO OTHER STATEMENTS OF CERTIFICATION WILL BE ACCEPTED: "I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations." 12. Permit Actions This permit may be modified, revoked and reissued, or terminated for cause. The filing of a request by the Permittee for a permit modification, revocation and reissuance, or termination, or a notification of planned changes or anticipated noncompliance does not stay any permit condition [40 CFR 122.41(f)]. 13. Permit Modification Revocation and Rdau—a ce, 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 days after being The Permittee must pay the annual administering and compliance monitoringfee within thirty ys $ 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. Version 512009 NPDES Permit Standard Conditions Page 7 of 18 Section C Operation and. Maia�ce of Pollution Corrtrols 1. Certified Operator Upon classification of the permitted facility by the Certification Commission, the Permittee shall employ a certified water pollution control treatment system operator in responsible charge (ORC) of the water pollution control treatment system Such operator must hold a certification of the grade equivalent to or greater than the classification assigned to the water pollution control treatment system by the Certification Commission. The Permittee must also employ one or more certified Back-up ORCs who possess a currently valid certificate of the type of the system Backup 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 weep, exduding holidays ➢ Properly manage and document daily operation and maintenance of the facility ➢ Comply with all other conditions of 15A NCAC 8G.0204. Once the facility is classified, the Permittee shall submit a letter to the Certification Commission designating the operator in responsible charge: a_ Within 60 calendar days prior to wastewater being introduced into a new system b. Within 120 calendar days of: ➢ Receiving notification of a change in the classification of the system requiring the designation of a new ORC and back up ORC ➢ A vacancy in the position of ORC or backup 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 mdudes 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)] Version 512009 NPDES Permit Standard Conditions Page 8 of 18 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 (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. UMets a. Effect of anupset [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 necessaryfor 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 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 Version 512009 NPDES Permit Standard Conditions Page 9 of 18 reopened and modified, or revoked and reissued, to incorporate applicable requirements at 40 CFR 503. The Permittee shall comply with applicable 40 CFR 503 Standards for the Use and Disposal of Sewage Sludge (when promulgated) within the time provided in the regulation, even if the permit is not modified to incorporate the requirement. The Permittee shall notify the Permit Issuing Authority of any significant change in its sludge use or disposal practices. 7. Power Failures The Permittee is responsible for maintaining adequate safeguards (as required by 15A NCAC 2H.0124) to prevent the discharge of untreated or inadequately, treated wastes during electrical power failures either by means of alternate power sources, standby generators or retention of inadequately treated effluent. SectionD. Motritoring andRecotcis 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 Q1. 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. .Y. 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 3. FlowMeasurements 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 maximurn deviation of less than 100/6 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://h2o.enr.statcncus/lab/certhtm) for information regarding laboratory certifications. Version 512009 NPDES Permit Standard Conditions Page 10 of 18' 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 amend, and 40 CFR 136; or in the case of sludge use or disposal, approved under 40 CFR 136, unless otherwise specified in 40 CFR 503, unless other test procedures have been specified in this permit [40 CFR 122.411. To meet the intent of the monitoring required by this permit, all test procedures must produce minimum detection and reporting levels that are below the permit discharge requirements and all data generated must be reported down to the minimum detection or lower reporting level of the procedure. If no approved methods are determined capable of achieving minimum detection and reporting levels below permit discharge requirements, then the most sensitive (method with the lowest possible detection and reporting level) approved method must be used. Penalties for Tampering The CWA provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any monitoring device or method required to be maintained under this permit shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. If a conviction of a person is for a violation committed after a first conviction of such person under this paragraph, punishment is a fine of not more than $20,000 per day of violation, or by imprisonment of not more than 4 years, or both [40 CFR 122.411. 6. Records Retention Except for records of monitoring information required by this permit related to the Permittee's sewage sludge use and disposal activities, which shall be retained for a period of at least five years (or longer as required by 40 CFR 503), the Permittee shall retain records of all monitoring information, including: ➢ all calibration and maintenance records ➢ all original strip chart recordings for continuous monitoring instrumentation ➢ copies of all reports required by this permit ➢ copies of 'all data used to complete the application for this permit These records or copies shall be maintained for a period of at least 3 years from the date of the sample, measurement, report or application. This period may be extended by request of the Director at any time [40 CFR 122.411. 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 dates) 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 maybe required bylaw, to; a Enter upon the Permitteds premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of this permit; Version 512009 NPDES Permit Standard Conditions Page 11 of 18 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 (1)]. SectionE Repotting Recuitemetrts 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) 0). 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 document 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 122.410) (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 ReportdMg 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)]. Version 512009 NPDES Permit Standard Conditions Page 12 of 18 b. The Director may waive the written report on a case -by -case basis for reports under this section if the oral report has been received within 24 hours. c. Occurrences outside normal business hours may also be reported to the Division's Emergency Response personnel at (800) 662-7956, (800) 858-0368 or (919) 733-3300. 7. Other Noncompliance The Permittee shall report all instances of noncompliance not reported under Part II. E . 5 and 6. of this permit at the time monitoring reports are submitted The reports shall contain the information listed in Part II. E. 6. of this permit [40 CFR 122.410) (7)]. 8. Other Information Where the Pem-ittee 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. N oncompliance N otif ication The Permittee shall report by telephone to either the central office or the appropriate regional office of the Division as soon as possible, but in no case more than 24 hours or on the next working day following the occurrence or first knowledge of the occurrence of any of the following: a Any occurrence at the water pollution control facility which results in the discharge of significant amounts of wastes which are abnormal in quantity or characteristic, such as the dumping of the contents of a sludge digester, the known passage of a slug of hazardous substance through the facility, or any other unusual circumstances. b. Any process unit failure, due to known or unknown reasons, that render the facility incapable of adequate wastewater treatment such as mechanical or electrical failures of pumps, aerators, compressors, etc. c. Any failure of a pumping station, sewer line, or treatment facility resulting in -a by-pass without treatment of all or any portion of the influent to such station or facility. Persons reporting such occurrences by telephone shall also file a written report within 5 days following first knowledge of the occurrence. 10. Availabiliy of Reports Except for data determined to be confidential under NCGS 143-215.3 (aX2) 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(bX2) or in Section 309 of the Federal Act. 11. Penalties for Falsification of Reports The CWA provides that any person who knowingly makes any false statement, representation, or certification in any record or other document submitted or required to be maintained under this permit, including monitoring reports or reports of compliance or noncompliance shall, upon conviction, be punished by a fine of not more than $25,000 per violation, or by imprisonment for not more than two years per violation, or by both [40 CFR 122.411. 12. eports Annual Performance R Permites who own 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. Version 512009 NPDE S Permit Standard Conditions Page 13 of 18 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 SecdonA. 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 anAtC will not occur until Final Plans and Specifications for the proposed construction have been submitted by the Permittee and approved by the Division. Section& Gr undwaterMorutodm The Permittee shall, upon written notice from the Director, conduct groundwater monitoring as may be required, to determine the compliance of this NPDES permitted facilitywith the current groundwater standards. Section C. Changes in Discharges of T o3ie Substances The Permitteeshall 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 (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"; 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 applicatiorL Section D E eahmdon of Wastewater Discharge Alten�atives 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 Recluis The Permittee must notify the Division at least 90 days prior to the closure of any wastewater treatment system covered by this permit. The Division may require specific measures during deactivation of the system to prevent adverse impacts to waters of the State. This permit cannot be rescinded while any activities requiring this permit continue at the permitted facility. Version 512009 NPDES Permit Standard Conditions Page 14 of 18 PART IV SPECIAL CONDITIONS FOR MUNICIPAL FACILITIES SectionA. De6nitio 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 was containing pollutants into a POTW regulated under section 307(b), (c) or (d) of the CWA. [40 CFR 403.3 (b) (i) and Q] 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 NPDES Permit or prevents sewwage sludge use or disposal in compliance with specified applicable State and Federal statutes, regulations, or permits. [15A NCAC 2H.0903 (b) (13)] Pass Through ers of the St A discharge which exits the POTW into watate in quantities or concentrations which, alone or with an increase in the magnitude or discharges from other sources, causes a violation, including thePOTWs NPDES permit, or of ari instreamwater qualitystandard. [15A NCAC 2H.09903 (b) (23)] duration of a violation of Publidy Owned Treatment Works (POT 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 redamation 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 115A NCAC 2H.0903 (b) (34)]: (a) discharges an average of 25,000 gallons or more per day of process wastewater to the POTW (excluding sanitary, noncontact cooling and boiler blowdown wastewaters) or; cant of (b) contributes more than 5 percent of the design flow of the POTW treatment plant or more than 5 peg 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& RWghli& owned Treatme t Wotirs (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)] : Version 512009 NPDES Permit Standard Conditions Page 15 of 18 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. Mtatricipal Corgol of Polh Utrts fimn Industrial Users 1. Effluent limitations are listed in Part I of this permit. Other pollutants attributable to inputs from industries using the municipal system may be present in the Permitteds 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. PrQhibited Discharges a. Under no circumstances shall the Permittee allow introduction of pollutants or discharges into the waste treatment system or waste collection system which cause or contribute to Pass Through or Interference as defined in 15A NCAC 2H.0900 and 40 CFR 403. [40 CFR 403.5 (a) (1)] b. Under no circumstances shall the Permittee allow introduction of the following wastes in the waste treatment or waste collection system [40 CFR 403.5 (b)] : 1. Pollutants which create a fire or explosion hazard in the POTW, including, but not limited to, wastestrearns with a dosed 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 by the 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 W W I P. 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 Version 512009 NPDES Permit Standard Conditions Page 16 of 18 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 Pe -nittee 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 Pennittee may be 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 211.0907 (a) and (b). [40 CFR 122.44 Q) (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. SectionD Pmtreatmetrt Prngratns 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 (f) (1) and403.9 (1), (2)] 2. Industrial Waste Survey (IWS) The permittee shall implement an IWS consisting of the survey of users of the POTW, as required ll 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 limits. Effluent data from the Plan shall be reported on the DMRs (as required by Part II, Section D, and Section E.5.). [15A NCAC 2H.0906 (b) (2) and .0905] 4. Headworks Analvsis (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 Version 512009 m rd u- 1. r-T4 u 1 Z u. au! ir i c t u s c ri a i L, s c r s �, r a', c ompi y.vvi t i i: the applicable t morn op% and rep orting lineclin the �Imis ed- pr tlin�d i6th�elbivision�approv�� !C.AC... )H...000 H 0908 0-1. A 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 Mr. Garvin Trinks McDowell County Schools Maintenance Director 2107 Sugar Hill Rd Marion, N.C. 28752 Subject: Issuance of NPDES Permit NCO067148 Nebo Elementary School WWTP McDowell County . Dear Mr. Trinks: 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 (919) 807-6391 or via e-mail [charles.weaver@ncdenr.gov]. Sin rely, C een H. gull n DEC — i cc: Central Files- - ---- / U L 1 Asheville-R $iauaL0 ce/Sdrface_Water Protection LL DES Unit -�� -' . WATER QUALITY SECTION i ASH-_'VILLE REGIONAL. nFFICE 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 "Une 512 North Salisbury Street, Raleigh; North Carolina 27604 NOl lilCahOlilla Phone: 919 807-6300 /FAX 919 807-6495 / Internet: www.ncwaterquality.org Natmailk An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper Permit NCO067148 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY PERMIT TO DISCHARGE WASTEWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provision of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, the McDowell County Schools are hereby authorized to discharge wastewater from a facility located at the Nebo Elementary School WWTP NCSR 1536 McDowell County to receiving waters designated as an unnamed tributary to Shadrick 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 (lCoen H. Sullins, Director �7 Division of Water Quality By Authority of the Environmental Management Commission Permit NCO067148 SUPPLEMENT TO PERMIT COVER SHEET All previous NPDES Permits issued to this facility, whether for operation or discharge are hereby revoked. As of this permit issuance, any previously issued permit bearing this number is no longer effective. Therefore, the exclusive authority to operate and discharge from this facility arises under the permit conditions, requirements, terms, and provisions included herein. The McDowell County Schools are hereby authorized to: 1. Continue to operate an existing 0.0075 MGD wastewater treatment system with the following components: ♦ 14,500-gallon dual -chamber septic tank ♦ Dual -siphon dosing tank ♦ Dual surface sand filters ♦ Tablet chlorinator with dechlorination equipment ♦ 10,500-gallon recirculation tank ♦ Drip distribution box This facility is located at the Nebo Elementary School WWTP off NCSR 1536 in McDowell County. 2. Discharge from said treatment works at the location specified on the attached map into an unnamed tributary to Shadrick Creek, classified C waters in Hydrologic Unit 03050101 of the Catawba River Basin. r �o 7 L1360 vn1U ( /1 1 �fye130�: ' �t -•-_ -_ ` / j „O6: \`� McDowell County Schools "L— Nebo Elementary ice✓ % ` NCO0671484 Cem iolartdg Ohapel J_ ,_ ;- Gam. _ ; •;�'` : ' 79 '\\' . ^°i / ice•\' �� 1\/ \'.-/� ,/, I��\�.\ •� \ '\� ' -0. AV %%" /j // ♦ / `\` /-; 1~ (" �'-� � � \ �2 it �.._ j1 �J �� ��^ iiv ...`• - 1 ^'_�1;_I' i . Latitude: 35°42'58" N C O067148 Longitude: 82'5Marion East, Quad # Marion East, N.C. McDowell County Schools Stream Class: C Nebo Elementary School Hydrologic Unit Code: 03050101 Receiving Stream: UT Shadrick Creek S Permit NCO067'148 A. (1) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS During the period beginning on the effective date of this permit and lasting until expiration, the Permittee is authorized to discharge from outfall 001. Such discharges shall be limited and monitored by the Permittee as specified below: PARAMETER . LIMITS'.' MONITORING REQUIREMENTS' Monthly . , Average . .Daily Maximum :.- `;Measurement . = . ` Frequency , Sample,Typ6 - Sample'Lo'd on Flow 0.0075 MGD Weekly Instantaneous Influent or Effluent BOD, 5-day (20oC) 30.0 mg/L 45.0 mg/L 2/Month Grab Effluent Total Suspended Solids 30.0 mg/L 45.0 mg/L 2/Month Grab Effluent NH3as N (April 1 — October 31 14.4 mg/L 35.0 mg/L Monthly Grab Effluent NH3as N November 1— March 31 29.0 mg/L 35.0 mg/L Monthly Grab Effluent Fecal Coliform (geometric mean 200 / 100 ml 400 / 100 ml 2/Month Grab Effluent Total Residual Chlorine (TRC)l 28 Ng/L 2/Week Grab Effluent Temperature (°C) Weekly Grab Effluent pH > 6.0 and < 9.0 standard units 2/Month 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. fPDES 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 wustewate- discharged during the sample period. Act or "the Act" The Federal Water Pollution Control Act, also known as the Clem 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. Aritlunetic Mean The summation of the individual values divided by the number of individual values. Bwass 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, Judy 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 nal 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 Version 512009 DES Permit Standard Conditions Page 2 of 18 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 tune interval. Use of this method wgpires prior approval by the Director. Tbis method may only be used m 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. ➢ Perrnittees 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 & D ischar 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 & M aximLrn The highest "daily discharge" during the calendar month. D ailpling 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 Larder this NPDE S 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. Version 512009 iPDES Pernt Standard Conditions Page 3 of 18 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 instreain samples). Hazardous Substance Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the CWA. Instantaneous flow measurement A measure of flow taken at the time of sampling, when both the sample and flow will be representative of the total discharge. Monthly Average (concentration limit) The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar month. In the case of fecal coliform, the geometric mean of such discharges. Permit Issuing Authority The Director of the Division of Water Quality. Quarterly Average (concentration limit) The average of all samples taken over a calendar quarter. Severe oropel-ty 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 aritlrnetic mean of all "daily discharges" of a pollutant measured during the calendar week. In the case of fecal coliform, the geometric mean of such discharges. Section B. General Conditions 1. Duty to Comply The Permittee must comply with all conditions of this permit. Any permit noncompliance constitutes a violation of the CWA and is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or denial of a permit renewal application [40 CFR 122.411. a. The Permittee shall comply with effluent standards or prohibitions established under section 307(a) of the CWA for toxic pollutants and with standards for sewage sludge use or disposal established under section 405(d) of the CWA witlin 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 regL&ement. Version 512009 DES Permit Standard Conditions Page4 of 18 b. The CWA provides that any person who violates sections] 301, 302, 3o6, 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 Linder 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 n#*Wyviolates 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(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 kivuiigy 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 Linder 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)(3XBXii) 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 wlno 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 pert -nit condition or limitation implementing any of such sections in a permit issued Linder 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 I1 penalty not to exceed $177,500. [33 USC 1219 (g) (2) and 40 CFR 122.41 (a) (3)] 2. Duty to Mitigate The Pernuttee shall take all reasonable steps to minimize or prevent any discharge or sludge use or disposal in violation of this permit with a reasonable likelihood of adversely affecting human. health or the environment [40 CFR 122.41 (d)]. 3. Civil and Criminal Liability Except as provided in permit conditions on "Bypassing' (Part II. C. 4), "Upsets" (Part II. C. 5) and "Power Failures" (Part I1. C. 7), nothing m in this permit shall be constmed to relieve the Perittee from any responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3, 143-215.6 or Section 309 Version 512009 IPDES Permit Standard Conditions Page 5 of 18 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 1nay be temporarily suspended. 4. Oil and Hazardous Substance Liability Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the Permittee from any responsibilities, liabilities, or penalties to which the Permittee is or may be subject to under NCGS 143- 215.75 et seq. or Section 311 of the Federal Act, 33 USG 1321. Furthermore, the Permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 5. Prop=Rights The issuance of this permit does not convey any property rights in either real or personal property, or any exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor any infringement of Federal, State or local laws or regulations [40 CFR 122.41 (g)]. 6. Onshore or Offshore Construction This permit does not authorize or approve the construction of any onshore or offshore physical structures or facilities or the undertaking of any work in any navigable waters. 7. Severability The provisions of this permit are severable. If any provision of this permit, or the application of any provision of this permit to any circumstances, is held invalid, the application of such provision to other circumstances, and the remainder of this permit, shall not be affected thereby [NCGS 15013-231. 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 1nay 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 Permttee 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 reconunendations, and initiating and directing other comprehensive measures to assure long Version 512009 )ES Permit Standard Conditions Page 6 of 18 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 doctunents 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 signed by a person described in paragraph a. above or by a drily 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 n>an<�iger, 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 tinder paragraphs a. or b. of this section shall make the following certification [40 CFR 122.221. NO OTHER STATEMENTS OF CERTIFICATION WILL BE ACCEPTED: "9 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 Tehnination 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 perriut as allowed by the laws, miles, 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 R=iireinents 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 21-1.0105 (b) (2) may cause this Division to initiate action to revoke the permit. Version 512009 TPDES Permit Standard Conditions Page 7 of 18 Section C. Operation and Mahtenance of Pollution Con tols Certified Orator 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. Backup 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 systein; the treatment facility must be visited at least five days per week, excluding holidays ➢ Properly manage and document daily operation and maintenance of the facility ➢ Comply with all other conditions of 15A NCAC 8G.0204. Once the facility is classified, the Permittee shall subnut a letter to the Certification Commission designating the operator'in responsible charge: a Within 60 calendar days prior to wastev,,ater 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 backup ORC ➢ A vacancy in the position of ORC or back-up ORC. 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 ]imitations [40 CFR 122.41 (m) (2)] Version 512009 )ES Permit Standard Condtions Page 8 of 18 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 11. E . 6. (24-bolo- 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 downti ne. 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 downtirne or preventive maintenance, and (C) The Permittee submitted notices as required under Paragraph b. of tl-iis 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 systemwide 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. Upsets 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 Permttee complied with any remedial measures required -ride- 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 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 Version 512009 IPDES Permit Standard Conditions Page 9 of 18 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 promi-Agated) within the tune provided in the regulation, even if the perm -nit is not modified to incorporate the requirement. The Permittee shall notify the Permit Issuing Authority of any significant change in its sludge use or disposal practices. 7. Power Failures The Permittee is responsible for maintaining adequate safeguards (as required by 15A NCAC 21-1.0124) to prevent the discharge of untreated or inadequately treated wastes during electrical power failures either by means of alternate power sources, standby generators or retention of inadequately treated effluent. SectionD. Monitoring and Recoids Representative Sampling Samples collected and measurements taken, as required herein, shall be characteristic of the voluume 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 montl-ily Discharge Monitoring Report (DMR) Form (MR 1, 1.1, 2, 3) or alternative forams 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 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 maxirntun deviation of less than 10% from the time discharge rates throughout the range of expected discharge volumes. Flow measurement devices shall be accurately calibrated at a rn i imu m 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://h2o.enr.state.nc.us/lab/cert.1-itm) for information regarding laboratory certifications. Version 512009 DES Permit Standard Conditions Page 10 of 18 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 tinder 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 requu'enents and all data generated must be reported down to the minunurn 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 con-maitted 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 122.411. Records Retention Except for records of monitoring information required by this permit related to the Pernuttee'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 perinit ➢ 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 yes from the date of the sample, measurement, report or application. This period maybe extended by request of the Director at any tune [40 CFR 122.411. 7. Recording Results For each measurement or sample taken pursuant to the requirements of this permit, the Pernuttee 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 measureients; 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 E ntry 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 Permitted's premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of this permit; Version 512009 1PDES Permit Standard Conditions Page 11 of 18 b. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this Perri -'it; 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 perinit compliance or as otherwise authorized by the CWA, any substances or parameters at any location [40 CFR 122.41 (i)]. Section E ReWdLng Rec xitei s 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. Chan= 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) 0). c. The alteration or addition results in a significant change in the Permittec'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 night 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 document the change of ownership. Any such action may incorporate other requirements as may be necessary under the CWA [40 CFR 122.41(1) (3)]. 5. Monitoring Reports Monitoring results shall be reported at the intervals specified elsewhere in this permit [40 CFR 122.410) (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 Permttee 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. Tweet- 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)]. , Version 512009 )ES Permit Standard Conditions Page 12 of 18 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 Divisiods Emergency Response personnel at (800) 662-7956, (800) 858-0368 or (919) 733-3300. 7. Other Noncompliance The Permittee shall report all instances of noncompliance not reported under Part II. E . 5 and 6. of this permit at the time monitoring reports are submitted. The reports shall contain the information listed in Part II. E. 6. of this permit [40 CFR 122.410) (7)]. 8. Other Information Where the Permittee becomes aware that it failed to submit any relevant facts in a permit application, or submitted incorrect information in a permit application or in any report to the Director, it shall promptly submit such facts or information [40 CFR 122.410) (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 utaknown 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 (aX2) 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 1nay 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 submittec 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 122.411. 12. Annual Performance Reports Pernuttees who own or operate facilities that collect or treat mtuucipal or domestic waste shall provide an annual report to the Permit Issuing Authority and to the users/customers served by the Permttee (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. Version 512009 1PDES Permit Standard Conditions Page 13 of 18 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 & Groundwater M onitorir The Permittee shall, upon written notice from the Director, conduct groundwater monitoring as may be required to determine the compliance of this NPDES permitted facilitywith the current groundwater standards. Section C. Changes in Discharges of T o�ic 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"; () 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"; (1) Five hundred micrograms per liter (500 pg/L); (2) One milligram per liter Q mg/L) for antimony, (3) Ten times the maximum concentration value reported for that pollutant in the permit application. Section D. Evaluation of Wastew ter 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 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 Reauhrnwrrts The Permittee must notify the Division at least 90 days prior to the closure of any wastewater treatment system covered by this permit. The Division may require specific measures during deactivation of the system to prevent adverse impacts to waters of the State. This permit cannot be rescinded while any activities requiring this permit continue at the permitted facility. Version 512009 )ES Permit Standard Conditions Page 14 of 18 PART IV SPECIAL CONDITIONS FOR MUNICIPAL FACILITIES SectionA. Def"tiorn 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 POTW's NPDES Permit or prevents sewage sludge use or disposal in compliance with specified applicable State and Federal statutes, regulations, or permits. [15A NCAC 2H.0903 (b) (13)] Pass Throull 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 instrearmwater qualitystandard. [15A NCAC 2H.0903 (b) (23)] Publicly Owned Treatment Works (POTW) A treatment works as defined by Section 212 of the CWA, owned by a State or local government entity. This definition includes any devices and systems used in the storage, treatment, recycling and reclamation of municipal sewage or industrial wastes of a liquid nature. It also includes sewers, pipes, and other conveyances only if they convey wastewater to a POTW. The term also means the local government entity, or municipality, as defined in section 502(4) of the CWA, which has jurisdiction over indirect discharges to and the discharges from such a treatment works. [15A NCAC 2H.0903 (b) (27)] "Signnificant Industrial User" or "SIU" An industrial user that discharges wastewater into a publicly owned treatment works and that [15A NCAC 2H.0903 (b) (34)] (a) discharges an average of 25,000 gallons or more per day of process wastewater to the POTW (excluding sanitary, noncontact cooling and boiler blowdown wastewaters) or; (b) contributes more than 5 percent of the design flow of the POTW treatment plant or more than 5 percent of the maximum allowable headworks loading of the POTW treatment plant for any pollutant of concern, or; (c) is required to meet a national categorical pretreatment standard, or; (d) is, regardless of Parts (a), (b), and (c) of this definition, otherwise determined by the POTW, the Division, or the EPA to have a reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement or POTW's receiving strearn standard, or to limit the POTW's sludge disposal options. Section B. Publicly Owned Treatment Works (POTWs) All POTWs are required to prevent the introduction of pollutants into the POTW which will interfere with the operation of the POTW, including interference with its use or disposal of municipal sludge, or pass through the treatment works or otherwise be incompatible with such treatment works. [40 CFR 403.21 All POTWs must provide adequate notice to the Director of the following [40 CFR 122.42 (b)]: Version 512009 [PDES Permit Standard Conditions Page 15 of 18 1. Any new introduction of pollutants into the POTW from an indu-ect 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. Murucinal Control of Pollutairts fivm 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 Permitteds discharge. At such time as sufficient information becomes available to establish limitations for such pollutants, this perinit may be revised to specify effluent limitations for any or all of such other pollutants in accordance with best practicable technology or water quality standards. 2. Prohibited. Discharges a. Under no circumstances shall the Permittee allow introduction of pollutants or discharges into the waste treatment system or waste collection system which cause or contribute to Pass Through or Interference as defined in 15A NCAC 2H.0900 and 40 CFR 403. [40 CFR 403.5 (a) (1)] b. Under no circumstances shall the Permittee allow introduction of the following wastes in the waste treatment or waste collection system [40 CFR 403.5 (b)]: 1. Pollutants which create a fire or explosion hazard in the POTW, including, but not limited to, wustestreams 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 wlich cause corrosive struct- u-al 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 inlibit 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 ftunes within the POTW in a quantity that may cause acute worker health and safety problems; 8. Any trucked or hauled pollutants, except at discharge points designated by the POTW. C. The Permittee shall investigate the source of all discharges into the 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 Version 512009 )ES Pernut Standard Conditions Page 16 of 18 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 Pernttee 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 Q (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 Colder Section 402 (b) (8) of the CWA and implementing regulations or by the requirements of the approved State pretreatment program, as appropriate. Section D. PmtreatinerA Pmg Under authority of sections 307 (b) and (c) and 402 (b) (8) of the CWA and implementing regulations 40 CFR 403, North Carolina General Statute 143-215.3 (14) and implementing regulations 15A NCAC 2H.0900, and in accordance with the approved pretreatment program, all provisions and regulations contained and referenced in the Pretreatment Program Submittal are an enforceable part of this permit. [40 CFR 122.44 (j) (2)] The Permittee shall operate its approved pretreatment program in accordance with Section 402 (b) (8) of the CWA, 40 CFR 403, 15A NCAC 2H.0900, and the legal authorities, policies, procedures, and financial provisions contained in its pretreatment program submission and Division approved modifications thereof. Such operation shall include but is not limited to the implementation of the following conditions and requirements. Terms not defined in Part II or Part IV of this permit are as defined in 15A NCAC 2H.0903 and 40 CFR 403.3. 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 (f) (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 (j) (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. 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 Il, 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 tNs 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 Version 512009 1PDES Permit Standard Conditions Page 17 of 18 updated. HWA or documentation of why one is not needed) [40 CFR 122.441. The Permittee shall develop, in accordance with 40 CFR 403.5 (c) and 15A NCAC 2H.0909, specific Local Limits to implement the prohibitions listed in 40 CFR 403.5 (a) and (b) and 15A NCAC 2H.0909. 5. Industrial User Pretreatment Permits (I UP) & Allocation Tables In accordance with N CGS 143-215.1, the Permittee shall issue to all significant industrial users, permits for operation of pretreatment equipment and discharge to the Perinittee'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 ineet 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 2H.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 piograrn 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 Permttee 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 D ecember 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 IC, ID, and IF, as amended. 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 industrys pretreatment permit, or in 15A NCAC 21-1.0908. 115A NCAC 2H.0906 (b) (4) and .0905; 40 CFR 403.8 (f) (1) (v) and (2) (iii); 40 CFR 122.44 Q) (2)] 9. Enforcement Response Plan (ERP) The Permittee shall enforce and obtain appropriate remedies for violations of all pretreatment standards promulgated pursuant to section 307 (b) and (c) of the CWA (40 CFR 405 et. seq.), prohibitive discharge standards as set forth in 40 CFR 403.5 and 15A NCAC 2H.0909, and specific local limtations. All enforcement actions shall be consistent with the Enforcement Response Plan (ERP) approved by the Division. [15A NCAC 2H.0906 (b) (7) and .0905; 40 CFR 403.8 (f) (5)] 10. Pretreatment Annual Reports (PAR) The Permittee shall report to the Division in accordance with 15A NCAC 2H.0908. In lieu of submitting annual reports, Modified Pretreatment Programs developed under 15A NCAC 2H.0904 (b) 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, Emergency 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 Program SLunmary (PPS) A pretreatment program summary (PPS) on specific forms approved by the Division; c.) Significant Non -Compliance Report (SNCR) The nature of the violations and the actions taken or proposed to correct the violations on specific forms approved by the Division; d.) Industrial Data Summary Forms (IDSF) Monitoring data from samples collected by both the POTW and the 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 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 SIUs that were in SNC as defined in the Permitted's Division - approved Sewer Use Ordinance with applicable pretreatment requirements and standards during the previous twelve month period. This list shall be published within four months of the applicable twelve-month period. [15A NCAC 2H.0903 (b) (35), .0908 (b) (5) and .0905 and 40 CFR 403.8 (0 (2) (vii)] 12. Record Keeping The Permittee shall retain for a minimum of three years records of monitoring activities and results, along with support information including general records, water quality records, and records of industrial impact on the POTW. [15A NCAC 2H.0908 (f); 40 CFR 403.12 (o)] 13. Funding and Financial Report The Permittee shall maintain adequate funding and staffing levels to accomplish the objectives of its approved pretreatment program. [15A NCAC 2H.0906 (a) and .0905; 40 CFR 403.8 (f) (3),403.9 (b) (3)] 14. Modification to Pretreatment Programs Modifications to the approved pretreatment program including but not limited to local limits modifications, POTW monitoring of their 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 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 7, 2009 Mr. Garvin Trinks, Maintenance Director McDowell County Schools 2107 Sugar Hill Road Marion, North Carolina 28752 SUBJECT: Compliance Evaluation Inspection Status: Compliant Nebo Elementary School WWTP Permit No: NCO067148 McDowell County Dear Mr. Trinks: Enclosed please find a copy of the Compliance Evaluation Inspection form from the inspection conducted on September 10, 2009. The facility appeared to be in compliance with permit NCO067148 and is being well operated. The kind assistance of Mr. Harry James during the inspection was appreciated. 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, net Cant Environmental Specialist Enclosure �Q cc�Q�U,I/tAsheviIIe File l,l attaehmenit. DWQ Central Files w/ attachment James & James Environmental/ ORC w/ attachment =� G:\WPDATNDEM4 AJO\Nlcdolrvell\67148 Nebo School SURFACE WATER PROTECTION —ASHEVILLE REGIONAL OFFICE Location: 2090 U.S. Highway 70, Swannanoa, NC 28778 Phone: (828) 296-4500\FAX: 828 299-7043\Customer Service: 1-877-623-6748 Internet: www.ncwaterguality.org NorthCarolina 'Naturalltl United States Environmental Protection Agency Form Approved. EPA Washington, D.C. 20460 OMB No. 2040-0057 Water Compliance Inspection Report Approval expires8-31-98 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 31 N00067148 111 121 09/09/10 117 18I CI 19I SI 20III Remarks 211�IIIIIIIIII IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII11 Inspection Work Days Facility Self -Monitoring Evaluation Rating B1 QA------------Reserved--- ---- 67I 169 101 I 711 I 72 INI 73 I IW 174 751 I I I I I I 180 Section B: Facility Data Name and Location of Facility Inspected (For Industrial Users discharging to POTW, also include Entry Time/Date Permit Effective Date POTW name and NPDES permit Number) 03:00 PM 09/09/10 05/05/01 Nebo Elementary School WWTP Exit Time/Date Permit Expiration Date 320 S Main ' St Marion NC 28752 03:30 PM 09/09/10 09/12/31 Name(s) of Onsite Represe ntative(s)/Titles(s)/Ph one and Fax Number(s) Other Facility Data Name, Address of Responsible Official/Title/Phone and Fax Number Contacted Garvin Trinks,709 Sugar Hill Rd Marion NC 28752//828-652-5504/ yes Section C: Areas Evaluated During Inspection (Check only those areas evaluated) Permit ® Operations & Maintenance ® Records/Reports ® Self -Monitoring Program Facility Site Review Effluent/Receiving Waters Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s) and Signature(s) of Inspector(s)p,rjq Agency/Office/Phone and Fax Numbers Date Janet Cantwell ARO wQ//828-296-4500 Ext.4667/ / O Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date u EPA Form 3560-3 (Rev 9-94) Previous editions are obsolete. Page # 1 NPDES yr/mo/day Inspection Type 3I NCO067148 I11 12I 09/09/10 117 18ICI Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) Harry James/ ORC assisted in the inspection of this facility. The permit will expire December 31; 2009. Your permit renewal was received in Raleigh July 10, 2009. This facility consists of a septic tank/ surface sand filter. There were two tubes of chlorine disinfection tablets and one tube of dechlorination tablets. The Annual Performance Report has been filed for the year. The effluent discharge pipe area appeared to be clear. The facility appears to be well operated. Page # 2 Permit: NCO067148 Inspection Date: 09/10/2009 Owner - Facility: Nebo Elementary School WJVfP Inspection Type: Compliance Evaluation V-- Wl- PIA VIM (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? ❑ ®❑ Is access to the plant site restricted to the general.public? ® n n n Is the inspector granted access to all areas for inspection? n n n Comment: The permit will expire December 31, 2009. Your permit renewal was received in Raleigh July 10, 2009. 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 Judge, and other that are applicable? Comment: Page # 3 4 M P M� E E Y tE I�CDER North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary October 6, 2009 Ms. Linda Issacs McDowell Assisted Living LLC P.O. Box 909 Marion, North Carolina 28752 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 September 10, 2009. The facility appeared to be in compliance with permit NC0075353. The kind assistance of Mr. Harry James during the inspection was appreciated. This facility is being well operated. There are a couple of items which need to be addressed: attention should be given to repair of the blower housing foundation and replacement of one of the blower belts. Also, the path down to the facility should be repaired for the safety of the operator. 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, et Cantwell Environmental Specialist Enclosure ,.c�. DWC� Asheville�File_shr+rLattachment �:- DWQ Central Files/ w/ attachment James & James Environmental/ ORC/ w/ attachment \V�IPDATA\DEM\AIQ\Mcdoweil\75353 McDowell Assisted Livinq\75353 CEI .09.doc K SURFACE WATER PROTECTION —ASHEVILLE REGIONAL OFFICE Location: 2090 U.S. Highway 70, Swannanoa, NC 28778 One Phone: (828) 296-4500\FAX: 828 299-7043\Customer Service: 1-877-623-6748 NorthCarol Internet: www.ncwaterguality.org �gtuml/ina �y United States Environmental Protection Agency Form Approved. EP /� Washington, D.C. 20460 j—/'� OMB No. 2040-0057 Water Compliance Inspection Report Approval expires 8-31-98 Section A: National Data System Coding (i.e., PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 I NI 2 1 51 31 NCO075353 111 121 09/09/10 117 181 CI 191 S1 201 1 Remarks 211111IIIIIIIIIIII I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I 16E Inspection Work Days Facility Self -Monitoring Evaluation Rating Bi QA ------------Reserved- ----- 671 169 70I 11 711 1 721 NI 73Ljj 74 751 1 1 1 1 1 Li 80 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 01:45 PM 09/09/10 05/05/01 Exit Time/Date Permit Expiration Date Rt 9 Box 415 Marion NC 28752 02:20 PM 09/09/10 09/12/31 Name(s) of Onsite Rep resentative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data Name, Address of Responsible Official/Title/Phone and Fax Number Linda Issacs,PO Box 909 Marion NC 28752//828-652-3033/ Contacted 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 Inspector(s)e--- U Agency/Office/Phone and Fax Numbers Date Janet Cantwell ARO WQ//828-296-4500 Ext.4667/ 4:::�— f /L f� Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date P��u e,,_ , /0 G o EPA Foa 3560-3 (Rev 9-94) Previous editions are obsolete. Page # 1 NPDES yr/mo/day Inspection Type 3I NCO075353 Ill 12I 09/09/10 I17 18ICI (cont.) 1 Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) Harry James/ ORC/ of James & James Environmental assisted in the inspection. The permit will expire December 31, 2009. Your permit renewal was received in Raleigh on August 3, 2009. The logbook was on site. A full current copy of the permit should be maintained on site. The smell of burning rubber was coming from one of the blowers: one of the belts was hot and should be replaced. There was a rotting 2 X 4 under one of the legs of the blowers that should be replaced before it rots through and tips over the blower. Gravel on the walkway down to the plant has washed away leaving a slick muddy path for the operator to traverse. This is especially difficult during bad weather and should be repaired for the safety of the operator. Page # 2 Permit: NCO075353 Owner - Facility: McDowell Assisted Living WVVFP Inspection Date: 09/10/2009 Inspection Type: Compliance Evaluation (If the present permit expires in 6 months or less). Has the permittee submitted a new application? IN ❑ ❑ ❑ Is the facility as described in the permit? ®n n ❑ # Are there any special conditions for the permit? n ®❑ ❑ Is access to the plant site restricted to the general public? ■ ❑ n n Is the inspector granted access to all areas for inspection? ® n n n Comment: The permit will expire December 31, 2009. Your permit renewal was received in Raleigh on August 3, 2009. Operations & Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? _■ ❑ n n Does the facility analyze process control parameters, for ex: MLSS, MCRT, Settleable Solids, pH, DO, Sludge ■ ❑ ( I n Judge, and other that are applicable? Comment: Gravel on the walkway down to the plant has washed away leaving a slick muddy path for the operator to traverse. This is especially difficult during bad weather and should be repaired for the safety of the operator. Record Keeping Yes No NA NE Are records kept and maintained as required by the permit? n ® n n Is all required information readily available, complete and current? n ® n n Are all records maintained for 3 years (lab. reg. required 5 years)? n n n ■ Are analytical results consistent with data reported on DMRs? n n n ■ Is the chain -of -custody complete? n n n ■ Dates, times and location of sampling n Name of individual performing the sampling n Results of analysis and calibration ❑ Dates of analysis ❑ Name of person performing analyses n Transported COCs ❑ Are DMRs complete: do they include all permit parameters? ■ ❑ ❑ ❑ Has the facility submitted its annual compliance report to users and DWQ? ■ ❑ n n (If the facility is = or> 5 MGD permitted flow) Do they operate 24/7 with a certified operator on each shift? n n ■ ❑ Is the ORC visitation log available and current? ■ ❑ ❑ ❑ Is the ORC certified at grade equal to or higher than the facility classification? ■ ❑ ❑ ❑ Page # 3 Permit: NCO075353 Owner - Facility: McDowell Assisted Living WWTP Inspection Date: 09/10/2009 Inspection Type: Compliance Evaluation Record Keeping Yes No NA NE Is the backup operator certified at one grade less or greater than the facility classification? ®❑ n n Is a copy of the current NPDES permit available on site? n p n n Facility has copy of previous year's Annual Report on file for review? ■ n n n Comment: The logbook was on site. A full current copy of the permit should be maintained on site. Aeration Basins Yes No NA NE Mode of operation Ext. Air Type of aeration system Diffused Is the basin free of dead spots?. ■ n n n Are surface aerators and mixers operational? ❑ n ■ n Are the diffusers operational? ■ n n n Is the foam the proper color for the treatment process? ■ n n n Does the foam cover less than 25% of the basin's surface? ■ n n n Is the DO level acceptable? n n n ■ Is the DO level acceptable?(1.0 to 3.0 mg/I) nnn■ Comment: The smell of burning rubber was coming from one of the blowers: one of the belts was hot and should be replaced. There was a rotting 2 X 4 under one of the legs of the blowers that should be replaced before it rots through and tips over the blower. 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 Is the site free of evidence of short-circuiting? ■ n n ❑ Is scum removal adequate? ■ n n n Is the site free of excessive floating sludge? ■ n n n 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 Page # 4 r Permit: NC0075353 Owner - Facility: McDowell Assisted Living WWTP Inspection Date: 09/10/2009 Inspection Type: Compliance Evaluation Secondary Clarifier Yes No NA NE Is the sludge blanket level acceptable? (Approximately % of the sidewall depth) n n n ig Comment: Disinfection -Tablet Yes No NA NE Are tablet chlorinators operational? ®❑ n n Are the tablets the proper size and type? ® n n n Number of tubes in use? 1 Is the level of chlorine residual acceptable? n n n Is the contact chamber free of growth, or sludge buildup? ® n n n Is there chlorine residual prior to de -chlorination? n n n .� Comment: De -chlorination Yes No NA NE Type of system ? Tablet Is the feed ratio proportional to chlorine amount (1 to 1)? n n W ri Is storage appropriate for cylinders? n n ■ n # Is de -chlorination substance stored away from chlorine containers? Q ❑ n n Comment: Are the tablets the proper size and type? Y n n n Are tablet de -chlorinators operational? ® n n n Number of tubes in use? 2 Comment: Page # 5 NCDENR North Carolina Department of Environment and Natural Resources Beverly Eaves Perdue Governor GARVN TRINKS MAINTENANCE DIRECTOR MCDOWELL COUNTY SCHOOLS 2107 SUGAR HILL ROAD MARION NC 28752 Dear Mr. Trinks: Division of Water Quality Coleen H. Sullins Director July 13, 2009 Subject: Receipt of permit renewal application NPDES Permit NCO067148 Nebo Elementary School WWTP McDowell County Dee Freeman Secretary The NPDES Unit acknowledges receipt of the permit renewal application for the above facility on July 10, 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 (919) 807-6495 or you can mail it attention to me at the mail service center address listed below. Upon receipt, a member of the NPDES Unit will further review your application and will contact you if additional information is required. If you have any additional questions concerning renewal of the subject permit, please contact Tom Belnick at (919) 807-6390. Sincerely, Dina Sprinkle Point Source Branch cc: CENTRAL FILES A,s,h, erRegi n 1, Office/Surface Water Protection NPDES Unit ? `. k 5 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 �TOne t' Phone: 919-807-63001 FAX: 919-807-64921 Customer Service: 1-877-623-6748 it ofthCarol na. Internet: www.ncwaterquality.org J„�y ¢�O���J„ An Equal Opportunity \Affirma6veAction Employer �/ a i `y _1PDESAPPLICATION - FORM 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 NC000'7 I y if you are completing this form in computer use the TAB key or the up - down arrows se move m one field to the next. To check the boxes, click your mouse on top of the box. Otherwise, p p or type. 1. Contact Information: Owner Name Facility Name Mailing Address City State / Zip Code _ r�\q�t>Loe_U Co tth -, Sc O ds Neb o e �n p S ttiQY H- 0. Y G Yl �D C� Telephone Number (00T) _5:_Qq Fax Number J e-mail Address Cn� nr rz tit �yJ ,�tc, ks j�eEi �%W ► �I, J� C US' DENR - WATER QUALITY 2. Location of facility producing discharge: POINT SOURCE BRANCH Check here if same address as above ❑ Street Address or State Road A/ C S ' i 3 �P City State / Zip Code County � p l v 2 I� Co c, r4t, 3. Operator Information: Name of the firm, public organization or other entity that operates the facility. (Note that this is not referring to the Operator in Responsible Charge or ORC) Name Q,Yh es -\- Sy s En o i'h �z L T-re Mailing Address 7 D �j a1C (-.� -54 City wdlkn6n 140n - State / Zip Code A% G v7 -S Telephone Number � j &G(3 Fax Number E C E - u i 'a,.•, J U L 1 6 2009 e•I i WATER QUALITY SECTION F n-D 1106 1 of G ? ASHEVILLE REGIONAL OFFICE -_ XPDES APPLICATION - FORM - For privately owned treatment systems treating 100% domestic wastewaters <1.0 MGD 4. Description of wastewater: - Facility Generating Wastewater(check all that apply): Industrial ❑ Commercial ❑ Residential ❑ School W Other ❑ Number of Employees Number of Employees Number of Homes Number of Students/Staff Explain: Describe the source(s) of wastewater (example: subdivision, mobile home park) shopping centers, restaurants, etc.):. Population served: S. Type of collection system Separate (sanitary sewer only) 6. Outfall Information: ❑ Combined (storm sewer and sanitary sewer) Number of separate discharge points Outfall Identification number(s) D Is the outfall equipped with a diffuser? ❑ Yes KNo 7. Name of receiving stream(s) (Provide a map showing the exact location of each outfallr �� A -Ck. CYeeL ; n C w64, 2,0er �YAs,n $. Frequency of Discharge: � Continuous ❑ Intermittent If intermittent: Duration: Days per week discharge occurs: 9. Describe the treatment system capacity, provide design removal for BOD, TSS, nitrogen and List all installed components, including ent, attach the description of the treatment system in a phosphorus. If the space provided is not suffici separate sheet lo�f paperr�. ,^ (� ` ` / l OJC ti C�►�C l 11 t-S W i r�1 �, �[7(� �'j� ��?� dl 2 I e�cz�.be� 5 �� +a►�k, cry-0-nl�ah c�05ih� 5kAy' . s e, A � berg, -1-► 6i,_4- e.k l0ri n,�-�-0r, ►�,56v � <IDn YeC_iVrc4i,4/b6n +o_hk ) 8-Y;e d a4-;6Lh-oh bc�4 Form-D 1106 2of3 i,PDES APPLICATION - FORM For privately owned treatment systems treating 100% domestic wastewaters <1.0 MGD 10. Flow Information: Treatment Plant Design flowy, 00 T5mGD Annual Average daily flow U . Cb3 MGD (for the previous 3 years) Maximum daily flow (0,0 19 0 MGD (for the previous 3 years) 11. Is this facility located on Indian country? ❑ Yes IXNo 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. I !fjyMonthly Units of Number of Parameter lurk.;,.,,,.,, Average Measurement Samples Biochemical Oxygen Demand (BODs) ; I ' (a i l q. q & I � C `a I+ Csu- I b 0 ►r 3 Fecal Coliform Total Suspended Solids , 3 3, G- L Temperature (Summer) C ) �j , 13 • y C 3 Temperature (Winter) In + G, S 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 NCO t) 0,7 1 U � Dredge or fill (Section 404 or CWA) PSD (CAA) Special Order of Consent (SOC) Non -attainment program (CAA) Other 14. APFLICAijT 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. CIA , V � 11 -� �S �i � d� ����° � i 4 e4ox name of Person Signing Title (r,-. -01 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.) Form-D 1 /06 3of3 l 601 Y..v Zp � �• « ,< ,tI I i / .. ' r �� ) 1, �`r /�✓1 ��\ 7' l ` _ / �•�/ ) ! 1. • eo ,\ - \�\� - �' 126 1 /v \ \• /.• __ % / •fir .— •I',' ' / '.\\ 1 ' 1 � e .\; McDowell County SchoolS r: a�H:g Nebo Elementary ?. ,` NC0067148f% �. c ^ai C e m i iolar{ds GFiapel ��- •-J- /�% ( �` \ �� ; J / • . � ��. l �' .• � , �_, .-- -. ,\3Z0^�ertl'.:J,J� �\ �� �:'• 1 Vlam.. r; L �/ \ ll ✓ . / �:1 \` Ax� ` 'oar i 1� . i . ✓ i `•r' /(1 lr � \: Jzvo r • � . ,•I •-� - •`�- ^__ _ ice_.. — _- •�• - • ( r' • r.' _ � ./ \- ( ' � . _. �_.•_ _7 +�`� �•�� 0 Latitude: 35"42'58" Longitude: 82°55'35" Quad 4 El INW Stream Class: C Subba'sin: 30830 Receiving Stream: UT Shadrick Creek NC®067148 FacilityLocation McDowell County Schools Nebo Elementary School A �� SCALE 1 :24000 MCDENR+._ ,L North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen K Sullins Dee Freeman Governor Mr. Garvin Trinks McDowell County Schools 709 Sugar Hill Road Marion, North Carolina 28752 Dear Mr. Trinks: Director April 9, 2009 Subject: NOTICE OF VIOLATION NOV-2009-MV-0030 Permit No. NCO067148 Nebo Elementary School WWTP McDowell County Secretary A review of Nebo Elementary School WWTP's monitoring report for November 2008 showed the following violation: Parameter Date Measuring Violation Frequency Total Residual Chlorine 11/01/2008 Twice Weekly Failure to Monitor Twice Weekly It was also noted that the Compliance box on the back of the DMR was marked "Compliant" when in fact it should have been marked "Non -Compliant" with an explanation of the reason for the non-compliance. Remedial actions should be taken to correct this problem. The Division of Water Quality may pursue enforcement action for this and any additional violations of State law. To prevent further action, carefully review these violations and deficiencies and respond in writing to this office within 10 working days of receipt of this letter. You should address the causes of non-compliance and all actions taken to prevent the recurrence of similar situations. If you should have any questions, please do not hesitate to contact Janet Cantwell or me at 828/296-4500. Sincerely, Roger C. Edwards, Regional Supervisor Surface Water Protection Section cc: �rl/e i�il.le-Files J9 DWQ Centraa Files James & James Environmental/ ORC G:\WPDATA\DEMWQ\Mcdowell\67148 Nebo School\67148 NOV-2009-MV-0030.doc NorthCarolina Natcrrally North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, N.C. 28778 Phone(828)296-4500 Customer Service Internet: www.ncwaterguality.org FAX (828)299-7043 1-877-623-6748 JAMES & JAMES ENVIRONMENTAL MANAGEMENT; INC.= _a PO BOX 133 828, MOUNTAIN HOME, NC 28758 - u CI , () 697-0065 OFFICE FAX - ( ) r 0 2009 PERFORMANCE ANNUAL REPORT c.�. ���.� rry s=c i ]ON — 2008 o� t-ICE McDowell County Schools Mr. Garvin Trinks Permit Number: C0 8f Nebo Elementary School System Description A dual train sand bed with gravity flow influent into a 14,500 gallon dual chamber septic tank with dual -siphon dosing tanks, dual surface sand filters, 10,500 gallon recirculation tank, drip distribution, tablet feed chlorinator, chlorine contact chamber, tablet feed de -chlorinator, and effluent gravity line. Performance for 2008 This system operated extremely well with the regular maintenance on the filters. There were no mechanical breakdowns nor violations. Violations for 2008 and corrective actions taken None This report has been sent to the Owner with directions to give notification of the availability of this report to each of their users. A certified statement will be sent to the State when this notice has been issued. I certify under penalty of law that this report is complete and accurate to the best of my knowledge. I further certify that this report has been made available to the users or customers of the named system and that, those users have been notified of its availability. I also certify that this report has been given to the owner of this facility with explicit directions to make the user aware of the availability of this report and the location with which a copy can be viewed or received. James & James Environmental Mgt., Inc cannot certify that the latter has been completed and will enclose a letter of certification to be mailed to the State of North Carolina on behalf of this entity along with all pertinent information regarding this system for the conclusion of this requirement. Thank you, Juanita James James & James Environmental Management, Inc. 2/20/09 o�AFt 4 �'I) DENR - WATER QUALITY POINT SOURCE BIB\NCI--I PERFORMANCE ANNUAL REPORT - 2008 McDowell County Schools Mr. Garvin Trinks Nebo Elementary School Permit Number: NCO067148 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. Trunk you, Mr. Garvin Trinks McDowell County Schools \o�OF vv H � FRQG North Carolina Department e CCY Beverly Eaves Perdue, Governor Dee Freeman, Secretary vironment and Natural Resources Coleen H. Sullins, Director Division of Water Quality Asheville Regional Office SURFACE WATER PROTECTION SECTION Mr. Garvin Trinks McDowell County Schools 709 Sugar Hill Road Marion, North Carolina 28752 Dear Mr. Trinks: January 12, 2009 SUBJECT: Compliance Evaluation Inspection Status: Compliant Nebo Elementary School WWTP Permit No: NCO067148 McDowell County 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 NC0067148. 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. Vegetation surrounding the sand filter needs to be cut back. Winter would be a good time to remove the vegetation. 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. SincerelyCwell et C Environmental Specialist Enclosure l� 'Q Central -'files arnes & James Environmental% OkC G:\WPDATA\DEMWQ\Mcdowell\67148 Nebo School\67148-CE1.08.doc North Carolina 2090 U.S. Highway 70, Swannanoa, NC 28778 Telephone: (828) 296-4500 Fax: (828) 299-7043 Customer Service 1 877 623-6748 JVatur<rllil A NPDES yr/mo/day Inspection Type 1 3I N00067148 I11 12I 08/12/16 1 17 18ICI 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. Vegetation surrounding the sand filter needs to be cut back. This time of year (winter) would be a good time to remove the vegetation. Page # 2 Permit: NCO067148 Inspection Date: 12/16/2008 Owner - Facility: Nebo Elementary School WWTP Inspection Type: Compliance Evaluation Permit Yes No NA KIE (If the present permit expires in 6 months or less). Has the permittee submitted a new application? ❑ ❑ tEg D Is the facility as described in the permit? ❑ ❑ ❑ # Are there any special conditions for the permit? ❑ ❑ ❑ Is access to the plant site restricted to the general public? ❑ ❑ ❑ Is the inspector granted access to all areas for inspection? 0 ❑ ❑ ❑ 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 NA NE Are records kept and maintained as required by the permit? iu ❑ ❑ ❑ 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? ®❑ ❑ ❑ Has the facility submitted its annual compliance report to users and DWQ? ®❑ ❑ ❑ (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? e ❑ ❑ ❑ Page # 3 Permit: NC0067148 Owner - Facility: Nebo Elementary School WWTP Inspection Date: 12116/2008 Inspection Type: Compliance Evaluation Record Keeping Yes No NA NE Is a copy of the current NPDES permit available on site? M 0 n n Facility has copy of previous years Annual Report on file for review? Eq n n n Comment: Septic Tank Yes No NA NE (If pumps are used) Is an audible and visual alarm operational? n n g4 n Is septic tank pumped on a schedule? 1M n ❑ n Are pumps or syphons operating properly? N o n n Are high and low water alarms operating properly? ®El n n Comment: Sand Filters (Low rate) Yes No NA NE (If pumps are used) Is an audible and visible alarm Present and operational? ® n In n Is the distribution box level and watertight? ❑ n 11 Is sand filter free of ponding? ® n n n Is the sand filter effluent re -circulated at a valid ratio? ® n n n # Is the sand filter surface free of algae or excessive vegetation? ® n n n # Is the sand filter effluent re -circulated at a valid ratio? (Approximately 3 to 1) ®❑ ❑ n Comment: Vegetation surrounding the perimeter of the sand filter should be cut back. This time of year (winter) would be a good time to clear away the surrounding brush. Page # 4 p North Carolina Department SURFACE WATER PROTECTION May 9, 2008 Mr. Garvin Trinks McDowell County Schools 709. Sugar Hill Road Marion, North Carolina 28752 Michael F. Easley, Governor William G. Ross Jr., Secretary 'ivironment and Natural Resources Coleen H. Sullins, Director Division of Water Quality Asheville Regional Office SUBJECT: Compliance Evaluation Inspection Nebo Elementary School WWTP Permit No: NCO067148 McDowell County Dear Mr. Trinks: :. Enclosed please find a copl,of the Compliance Evaluation Report of the inspection conducted on April,30, 2008 by Ja.ii es Reid of the Asheville Regional Office. The. facility ..was found to be in Compliance with -permit NC0067148. Please refer to the enclosod' inspection report for additional observations and:_� , comments. If there'are questions or`comments,'please'call the writer at 828-296-4651. t .James R Reid ;";:'Environmental Engineer Enclosure cc: Harry Dewain James, ORC Wwtral ilk N"` Carolina oNaturally 2090 U.S. Highway 70, Swannanoa, NC 28778 Telephone: (828) 296-4500 Fax: (828) 299-7043 Customer Service 1 877 623-6748 United States Environmental Protection Agency Form Approved. EPA Washington, D.C. 20460 OMB No. 2040-0057 Water Compliance Inspection Report Approval expires 8-31-98 Section A: National Data System Coding (i.e., PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 I NI 2 15I 31 NCO067148 ill 121 08/04/30 117' 181CI 191sl 201 I J Remarks 21111111111111111111111111111111111111111111111116 Inspection Work Days Facility Self -Monitoring Evaluation Rating B1 QA --------------------------- Reserved -------------- ------- 67I 169 70I 4 I 711 I 721 NJ 73 L1J 74 751 I I I I I I l 80 Section B: Facility Data Name and Location of Facility Inspected (For Industrial Users discharging to POTW, also include Entry Time/Date Permit Effective Date POTW name and NPDES permit Number) 11:45 AM 08/04/30 05/05/01 Nebo Elementary School WWTP Exit Time/Date Permit Expiration Date 320 S Main St Marion NC 28752 12:15 PM 08/04/30 .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 Contacted Garvin Trinks;,709 Sugar Hill Rd Marion NC 28752//828-652-5504/ No Section C: Areas Evaluated During. Inspection (Check .only those areas evaluated) Permit Operations & Maintenance Records/Reports _ Self -Monitoring Program Facility Site Review Effluent/Receiving Waters Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s) and Signature(s) of Inspector(s) Agency/Office/Phone and Fax Numbers Date James R Reid ARO WQ//828-296-4500 Ext.4651/ n Signature of anage ent Q A Reviewer Agency/Office/Phone and Fax Numbers Date %� Q EPA Form 3560-3 (Rev 9-94) Previous editions are obsolete. Page # 1 NPDES yr/mo/day 3I NCO067148 I11 12I 08/04/30 I17 Inspection Type 1 181 1 Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) Facility was exceptionally neatly and cleanly kept. All equipment appeared operational and performing the intended functions. Page # 2 Permit: NCO067148 Inspection Date: 04/30/2008 Owner - Facility: Nebo Elementary School WWTP Inspection Type: Compliance Evaluation Operations & Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? ■ n n ❑ Does the facility analyze process control parameters, for ex: MLSS, MCRT, Settleable Solids, pH, DO, Sludge ■ ❑ n ❑ 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 Is the facility as described in the permit? ■ n ❑ ❑ # Are there any special conditions for the permit? ■ ❑ ❑ ❑ Is access to the plant site restricted to the general public? ■ Cl :❑ ❑ Is the inspector granted access to all areas for inspection? ■ ❑ ❑ ❑ Comment: Record Keeping Yes No NA NE Are records kept and maintained as required by the permit? ■ ❑ Cl ❑ Is all required information readily available, complete and current? ■ n n n Are all records maintained for 3 years. (lab. reg. required 5 years)? ■ 0 ❑ ❑ 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 n Are DMRs complete: do they include all permit parameters? ■ ❑ ❑ ❑ Has the facility submitted its annual compliance report to users and DWQ? ■ ❑ n ❑ (If the facility is = or > 5 MGD permitted flow) Do they operate 24/7 with a certified operator on each shift? ■ ❑ n n Is the ORC visitation log available and current? ■ n n n Is the ORC certified at grade equal to or higher than the facility classification? ■ ❑ n n Is the backup operator certified at one grade less or greater than the facility classification? ■ ❑ ❑ ❑ Is a copy of the current NPDES permit available on site? ■ ❑ Cl ❑ Page # , 3 Permit: NC0067148 Inspection Date: 04/30/2008 Owner - Facility: Nebo Elementary School WWTP Inspection Type: Compliance Evaluation Record Keeping Facility has copy of previous year's Annual Report on file for review? Comment: Effluent Pipe Is right of way to the outfall properly maintained? Are the receiving water free of foam other than trace amounts and other debris? If effluent (diffuser pipes are required) are they operating properly? Comment: Septic Tank (If pumps are used) Is an audible and visual alarm operational? Is septic tank pumped on a schedule? Are pumps or syphons operating properly? . Are high and low water alarms operating properly? Comment: Sand Filters (Low rate) (If pumps are used),Is an audible and visible alarm Present and operational? Is the distribution box level and watertight? Is sand filter free of ponding? Is the sand filter effluent re -circulated at a valid ratio? # Is the sand filter surface free of algae or excessive vegetation? # Is the sand filter effluent re -circulated at a valid ratio? (Approximately 3 to 1) Comment: ■ ❑ n n ■nnn ■nnn ■nnn Yes No NA NE nn■n ■'nnn ■.nnn ■nnn Yes .No NA NE ■❑nn ■..nnn ■.nnn ■ n n n ■.nnn ■.nnn Page # 4 MONITORING REPORT(MR) VIOLATIONS for: Report Date: 04/21/08 Page: 1 of 1 Permit: nc0067148 MRs Between: 2-2007 and '3 2008 Region: % Violation Category' % Program Category: ;:Facility Name: % Param Name: % County: % Subbasin: % Violation Action: % i Major Minor: °f° PERMIT: NCO067148 FACILITY: McDowell County Schools - Nebo Elementary School COUNTY: McDowell REGION: Asheville WWTP Limit Violation MONITORING OUTFALL! VIOLATION UNIT OF CALCULATED REPORT PPI LOCATION PARAMETER DATE FREQUENCY MEASURE LIMIT VALUE VIOLATION TYPE VIOLATION ACTION 09 -2007 001 Effluent pH 09/26/07 2 X month su 9 23.7 Daily Maximum Exceeded No Action, Facility Monitoring Violation MONITORING OUTFALL/ VIOLATION UNIT OF CALCULATED REPORT PPI LOCATION PARAMETER DATE FREQUENCY MEASURE LIMIT VALUE VIOLATION TYPE VIOLATION ACTION 08 -2007 001 Effluent Temperature, Water Deg. 08/11/07 Weekly deg c Frequency Violation No Action, Facility Centigrade Reporting Error 11 -2007 001 Effluent Temperature, Water Deg. 11/03/07 Weekly deg c Frequency Violation No Action, BIMS Centigrade Calculation Error James James Environmental Mqq ., „ic System: Permit Number: McDowell County Schools NCO067148 c; ; Nebo Elementaryr .LAMES & JAMES ENVIRONMENTAL MANAGEMENT _----_--------T� PO BOX 1354 MOUNTAIN HOME, NC 28758 OFFICE: (828) 697-0063 FAX: (828) 697-0065 ! 11 MAR .18 2008 - .! I i I PERFORMANCE ANNUAL REPORT,,,, 2007 = I - _ _ _ _ - 1. General Information Facility/System Name: Responsible Entity: Person in Charge/Contact: Applicable Permit(s): NEBO ELEMENTARY/McDOWELL_ CTY SCHOOLS GARVIN TRINKS GARVIN TRINKS N00067148 Description of Collection System or Treatment Process: A 14,500 gallon dual chamber septic tank with dual -siphon dosing tanks, dual surface sand filters, tablet chlorination, 10,500 gallon recirculation tank, and drip distribution tank. II. Performance Text Summary of System Performance for Calendar Year 2007 This system had no violations for this year. The maintenance is done by the McDowell County Schools maintenance department. List (by Month) any violations of permit conditions or other environmental regulations. Monthly lists should include discussion of any environmental impacts and corrective measures taken to address violations. Attach additional sheets if needed. none Ill. 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 My.., roc System: Permit Number: McDowell County Schools NCO067148 Nebo Elementary IV. Certification I certify under penalty of law that this report is complete and accurate to the best of my knowledge. I further certify that this report has been made available to the users or customers of the named system and that those users have been notified of its availability. (please see below) I certify that this report has been given to the Owner of this Entity with explicit directions to make the user aware of the availability of this report and the location with which a copy can be either viewed or received. James & James Environmental cannot certify that the latter has been completed and will enclose a letter of certification to be mailed to the State of North Carolina on behalf of this Entity along with all pertinent information regarding this system for the conclusion of this requirement. Juanita James/ James & James Environmental Management Responsible Person Title Entity 2/20/08 Date s James James Environmental Myt., ',nc f System: Permit Number: McDowell County Schools NCO067148 Nebo Elementary JAMES & JAMES ENVIRONMENTAL MANAGEMENT PO BOX 1354, MOUNTAIN HOME, NC 28758 OFFICE: (828) 697-0063 FAX: (828) 697-0065 PERFORMANCE ANNUAL REPORT I. General Information Facility/System Name: NEBO ELEMENTARY/McDOWELL CTY SCHOOLS Responsible Entity: GARVIN TRINKS Person in Charge/Contact: GARVIN TRINKS Applicable Permit(s): NCO067148 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', F W A TF r Michael F. oEasley, Governor North Carolina Department ofv o e and atural Resnues Cif k :; �_," Alan. K ' ek, P.Ea D ri ector j fy t ivisi rr o atr'i itllity I Asheville Regional Office SURFACE WATER PROTECTION SECTION December 22, 2006 Mr. Garvin Trinks McDowell County Schools 709 Sugar Hill Road Marion, NC 28752 SUBJECT: Compliance Evaluation Inspection Status: Compliant McDowell County Schools Nebo Elementary School WWTP Permit No: NCO067148 McDowell County Dear Mr. Trinks: 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 NC0067148. 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, Wanda P. Frazier Environmental Specialist Enclosure cc: James & James Environmental, ORC VW Central -Files: .,.r Asheville Files y 2090 U.S. Highway 70, Swannanoa, NC 28778 Telephone: (828) 296-4500 Fax: (828) 299-7043 Customer Service 1 877 623-6748 No Marolina Aatitmlly United States Environmental Protection Agency Form Approved. EPA Washington, D.C. 20460 1 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 NCO067148 Ill 121 06/12/19 117 181 CI 191 cl 20I LJ L! Remarks 21IIIIIIIIIIIIIIIIIIIIIIIIIIII IIII IIIIIIIIIIII III6 Inspection Work Days Facility Self -Monitoring Evaluation Rating B1 CIA ------ ----- ---------Reserved ---------- ----------- 67I 1.0 169 701 3 I 71Li 721 N I 73I I 174 75LI I I I I I 180 -� �-L-� 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) Nebo Elementary School WWTP 01:45 PM 06/12/19 05/05/01 Exit Time/Date Permit Expiration Date 320 S Main St Marion NC 28752 02:05 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 Garvin Trinks,709 Sugar Hill Rd Marion NC 28752//828-652-5504/ No Section C: Areas Evaluated During Inspection (Check only those areas evaluated) Permit Operations & Maintenance 0 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 ,zsz,/0 6---- EPA Form 3560-3 (Rev 9-94) Previous editions are obsolete. Page # 1 NPDES yr/mo/day Inspection Type (cont.) 1 3I NCO067148 I11 12I 06/12/19 117 18ICI Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) A review of the files indicates that the last compliance evaluation inspection was conducted on 12-21-2005 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. This system is a septic tank, low pressure pipe, surface sand filter with chlorination and dechlorination. The effluent data was as follows on the day of the inspection. Temperature = 12.6 degrees Celcius Chlorine = <12 ug/1 pH = 7.49 units Harry & 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. The operator is doing a good job. Page # 2 - , - 0 Permit: NCO067148 Inspection Date: 12/19/2006 Owner - Facility: Nebo Elementary School WWl-P 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? ❑ ❑ ■ ❑ Is the facility as described in the permit? ■ ❑ ❑ ❑ # Are there any special conditions for the permit? ❑ ■ ❑ ❑ Is access to the plant site restricted to the general public? ■ ❑ ❑ ❑ Is the inspector granted access to all areas for inspection? ❑ ❑ ❑ Comment: Operations & Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? ■ ❑ ❑ ❑ Does the facility analyze process control parameters, for ex: MLSS, MCRT, Settleable Solids, pH, DO, Sludge ■ ❑ ❑ ❑ Judge, and other that are applicable? Comment: Page # 3 Mr. Garvin Trinks McDowell County Schools 709 Sugar Hill Road Marion, NC 28752 Dear Mr. Trinks: Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality June 13, 2006 E3 _CT_C I SUBJECT: Authorization to Construct A to C No. 067148A02 Nebo Elementary School WWTP Dechlorination Facilities McDowell County A fast track application for Authorization to Construct dechlorination facilities was received on May 30, 2006, by the Division. Authorization is hereby granted for the construction of modifications to the existing Nebo Elementary School WWTP, with discharge of treated wastewater into Shadrick Creek in the Catawba River Basin. This authorization results in no increase in design or permitted capacity and is awarded for the construction of the following specific modifications: Installation of a tablet dechlorination system pursuant to the fast track application received on May 30, 2006, and in conformity with the Minimum Design Criteria for Dechlorination Facilities. This Authorization to Construct is issued in accordance with Part III, Paragraph A of NPDES Permit No. NCO067148 issued May 1, 2005, and shall be subject to revocation unless the wastewater treatment facilities are constructed in accordance with the conditions and limitations specified in Permit No. NC0067148. In the event that the facilities fail to perform satisfactorily, including the creation of nuisance conditions, the Permittee shall take immediate corrective action, including those as may be required by this Division, such as the construction of additional or replacement wastewater treatment or disposal facilities. The Asheville Regional Office, telephone number (828) 296-4500, shall be notified at least forty-eight (48) hours in advance of operation of the installed facilities so that an on site One No hCarolina ;Vatura!!if North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone (919) 733-7015 Customer Service Intemet: h2o.enr.stale.nc.us 512 N. Salisbury St. Raleigh, NC 27604 FAX (919) 733-2496 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer — 50% Recycled/10% Post Consumer Paper Mr. Trinks June 13, 2006 Page 2 inspection can be made. Such notification to the regional supervisor shall be made during the normal office hours from 8:00 a.m. until 5:00 p.m. on Monday through Friday, excluding State Holidays^ Pursuant to 15A NCAC 2H .0140, upon completion of construction and prior to operation of these permitted facilities, the completed Engineering Certification form attached to this permit shall be submitted to the address provided on the form. Upon classification of the facility by the Certification Commission, the Permittee shall employ a certified wastewater treatment plant operator to be in responsible charge (ORC) of the wastewater treatment facilities. The operator must hold a certificate of the type and grade at least equivalent to or greater than the classification assigned to the wastewater treatment facilities by the Certification Commission. The Permittee must also employ a certified back-up operator of the appropriate type and grade to comply with the conditions of T15A:8G.0202. The ORC of the facility must visit each Class I facility at least weekly and each Class H, III and IV facility at least daily, excluding weekends and holidays, must properly manage the facility, must document daily operation and maintenance of the facility, and must comply with all other conditions of T15A:8G.0202. A copy of the approved plans and specifications shall be maintained on file by the Permittee for the life of the facility. During the construction of the proposed additions/modifications, the permittee shall continue to properly maintain and operate the existing wastewater treatment facilities at all times, and in such a manner, as necessary to comply with the effluent limits specified in the NPDES Permit. You are reminded that it is mandatory for the project to be constructed in accordance with the North Carolina Sedimentation Pollution Control Act, and, when applicable, the North Carolina Dam Safety Act. In addition, the specifications must clearly state what the contractor's responsibilities shall be in complying with these Acts. Failure to abide by the requirements contained in this Authorization to Construct may subject the Permittee to an enforcement action by the Division of Water Quality in accordance with North Carolina General Statute 143-215.6A to 143-215.6C. The issuance of this Authorization to Construct does not preclude the Permittee from complying with any and all statutes, rules, regulations, or ordinances which may be imposed by other government agencies (local, state, and federal) which have jurisdiction. Mr. Trinks June 13, 2006 Page 3 If you have any questions or need additional information, please do not hesitate to contact Cecil G. Madden, Jr., P.E. at telephone number (919) 715-6203. Sincerely, f l 1 ., Alan W. Klimek, P.E. ti MM/cgm cc: G. Dallas Brickhouse, Jr., RE, NC Dept of Public Instruction McDowell County Health Department Technical Assistance and Certification Unit Daniel Blaisdell, P.E. Point Source Branch, NPDES Program Cecil G. Madder., Jr., P.E. Michelle McKay A to C File McDowell County Schools Nebo Elementary School WWTP A to C No. 067148A02 June 13, 2006 Engineer's Certification I, , as a duly registered Professional Engineer in the State of North Carolina, having been authorized to observe (periodically/weekly/full time) the construction of the modifications and improvements to the Nebo Elementary School WWTP located on Nebo School Road in McDowell County for the McDowell County Schools, hereby state that, to the best of my abilities, due care and diligence was used in the observation of the following construction: Installation of a tablet dechlorination system pursuant to the fast track application received on May 30, 2006, and in conformity with the Minimum Design Criteria for Dechlorination Facilities. I certify that the construction of the above referenced project was observed to be built within substantial compliance and intent of the approved plans and specifications. Signature Date Registration N Send to: Construction Grants & Loans DENR/DWQ 1633 Mail Service Center Raleigh, NC 27699-1633 Michael F. Easley, Governor North Carolina Department of Envir9prVabnod tura . esourc r' t nA Kli I . Direct Divisiorrrrrr���wwwwwwf uali€ ... i Asheville Regional Office SURFACE WATER PROTECTION December 28, 2005 Garvin Trinks McDowell County Schools 709 Sugar Hill Rd Marion NC 28752 SUBJECT: December 21, 2005 Compliance Evaluation Inspection McDowell County Schools Nebo Elementary School WWTP Permit No: NCO067148 McDowell County Dear Mr. Trinks: Enclosed please find a copy of the. Compliance Evaluation Inspection form from the inspection conducted on December 21, 2005. The Compliance Evaluation Inspection - was conducted by Starr Silvis and Don Price of the Asheville Regional Office. The facility was found to be in Compliance with permit NC0067148.. The facility is in excellent repair and is exceptionally clean and well maintained. Mr. James and Mr. Smith's assistance during the inspection is much appreciated. Please refer to the enclosed inspection report for additional observations and comments. If you or your staff have any questions, please call me at (828) 296-4500. Sinc rely, Starr Silvis Environmental Engineer Enclosure cc: Harry Dewain James, ORC Central Files Wft—heville+i'les- 2090 U.S. Highway 70, Swannanoa, NC 28778 Telephone: (828) 296-4500 Fax: (828) 299-7043 Customer Service 1 877 623-6748 NorthQ,,1ina Naturally NPDES yr/mo/day Inspection Type NCO067148 I11 12I 05/12/21 I17 18ICI Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) The facility is extremely well maintained. Everything appeared to be in excellent condition. Page # 2 Permit: NCO067148 Inspection Date: 12/21/2005 Owner - Facility: Nebo Elementary School WVVTP Inspection Type: Compliance Evaluation Operations & Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? ■ ❑ fl Does the facility analyze process control parameters, for ex: MLSS, MCRT, Settleable Solids, pH, DO, Sludge ❑ ❑ ❑ ■ 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? ■ ❑ fl ❑ # Are there any special conditions for the permit? ❑ fl ■ Is access to the plant site restricted to the general public? ■ Is the inspector granted access to all areas for inspection? ■ ❑ ❑ Comment: Sand Filters (Low rate) Yes No NA NE (If pumps are used) Is an audible and visible alarm Present and operational? ■ n n n Is the distribution box level and watertight? n n ■ n Is sand filter free of ponding? ■ n n n Is the sand filter effluent re -circulated at a valid ratio? ❑ 11 ❑ ■ # Is the sand filter surface free of algae or excessive vegetation? ■ ❑ ❑ # Is the sand filter effluent re -circulated at a valid ratio? (Approximately 3 to 1) n n n ■ Comment: Page # 3 r North Carolina Department of Environment and Natu Division of Water Quality Michael F. Easley, Governor December 17, 2004 Mr. Garvin Trinks McDowell County Schools 2107 Sugar Hill Road Marion, North Carolina 28752 C E E DEC 2 9 2004 D WqT b'13ALITY SECTION ASHEVILLE REC10NAL OFFICE_ Ism G. Ross, Jr., Secretary Alan W. Klimek, P.E., Director Subject: Issuance of NPDES Permit',, C; :0_.67.14$ Neho-Elementary Seh`ool-WTP- McDowell County Dear Mr. Trinks: 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 (919) 733-5083, extension 511. Sincerely, 3RICIMAL SiGNED E', 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: 919 733-5083 / FAX 919 733-0719 / Internet: h2o.enr.state.nc.us An Equal OpportunitylAffirmative Action Employer— 50% Recycled/10% Post Consumer Paper Nne orthCarohna Natmrall,ff 4b • Permit NCO067148 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY PERMIT TO DISCHARGE WASTEWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provision of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, the McDowell County Schools are hereby authorized to discharge wastewater from a facility located at the Nebo Elementary School WWTP NCSR 1536 McDowell County to receiving waters designated as an unnamed tributary to Shadrick 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. SUSA Alan W. Klimek, P.E., Director Division of Water Quality By Authority of the Environmental Management Commission • Permit NC0067148 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 authorityto operate and discharge from this facility arises under the permit conditions, requirements, terms, and provisions included herein. The McDowell County Schools are hereby authorized to: 1. Continue to operate an existing 0.0075 MGD wastewater treatment system with the following components: ♦ 14, 500-gallon dual chamber septic tank ♦ Dual -siphon dosing tank ♦ Dual surface sand filters ♦ Tablet chlorinator ♦ 10, 500-gallon recirculation tank ♦ Drip distribution box This facility is located at the Nebo Elementary School on NCSR 1536 in McDowell County. 2. Discharge from said treatment works at the location specified on the attached map into an unnamed tributary to Shadrick Creek, classified C waters in the Catawba River Basin. -� Permit NC0067148 A. (IL.) EFFLUENT LIMITATIONS AND MONITORING REgUIREMENTS During the period beginning on February 1, 2005 and lasting until expiration, the Permittee is authorized to discharge from outfall 001. Such discharges shall be limited and monitored by the Permittee as specified below: PARAMETER LIMITS MONITORING REQUIREMENTS ` ' = 3 ` ` k p ,� Daily Measurement Sample Type Sample Location r ��Monthly w Y Average .., . Maximum ` , .. Fiequency: .. . Flow 0.0075 MGD Weekly Instantaneous Influent or Effluent BOD, 5-day (20°C) 30.0 mg/L 45.0 mg/L 2/Month Grab Effluent Total Suspended Solids 30.0 mg/L 45.0 mg/L 2/Month Grab Effluent NH3as N 14.4 mg/L 35.0 mg/L Monthly Grab Effluent (April 1- October 31 NH3as N 29.0 mg/L 35.0 mg/L Monthly Grab Effluent (November 1 - March 31) Fecal Coliform 200 / 100 ml 400 / 100 ml 2/Month Grab Effluent (geometric mean) Total Residual Chlorine (TRC)1 28pg/L 2/Week Grab Effluent Temperature (°C) Weekly Grab Effluent pH > 6.0 and < 9.0 standard units 2/Month 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. (('— o I 21 126 IN bo \`' McDowell County Schools � -�� • • � - ='-/�_ _- � � �c � " , cos- � �� .%wl Nebo Elementary NCO0671480 c�\ aPel �7 iol2yTd!rG '\ /%\ -� � '\ tR 7 / 1 r �/� )\ \�%'`_ ' ! � � �`/• �- �i ice:; �� �i?Jh�l, 1`\ N:I`� /.-.\/Jl?°\X 1�`� �`\• \32°QEn1'.;-?✓� \-10 \ __ -- co '\• '! �� 1. /ii` I/... ,��-'\- �' ��"1 �., \\ __' r-� 1. � \`1 ,` '-� _ S • Facility Location �J�I F SCALE 1 :24000 • NPDES Permit Requirements Page 1 of 16 PART II STANDARD CONDITIONS FOR NPDES PERMITS Section A. Definitions 2/Month Samples are collected twice per month with at least ten calendar days between sampling events. 3/Week Samples are collected three times per week on three separate calendar days. Act or "the Act" The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 USC 1251, et: seq. Annual Average The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar year. In the case of fecal coliform, the geometric mean of such discharges. Arithmetic Mean The summation of the individual values divided by the number of individual values. B ass. The known diversion of waste streams from any portion of a treatment, facility including the collection system, which is not a designed or established or operating mode for the facility. Calendar Day The period from midnight of one day until midnight of the next day. However, for purposes of this permit, any consecutive 24-hour period that reasonably represents the calendar day may be used for sampling. Calendar 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 nil 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 .b'e taken at intervals_ of no greater than 20 minutes apart during any 24-hour period and must be of equal size and of no less than 100 milliliters. Use of this method requires prior approval by the Director. , Version 612012003 NPDES Permit Requirements Page 16 of 16 Monitoring data from samples collected by both the POTW and the Significant Industrial User (SIU). These analytical results must be reported on Industrial Data Summary Forms (MSF) or other specific format approved by the Division; e.) Other Information Copies of the POTW's allocation table, new or modified enforcement compliance 5chWulc5 public 110tiee 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 Proorams Modifications to the approved pretreatment program including but not limited to local limits modifications, POTW monitoring of their Significant Industrial Users (SIUs), and Monitoring Plan modifications, shall be considered a permit modification and shall be governed by 15 NCAC 2H .0114 and 15A NCAC 2H .0907. Version 612012003 5< F vvnf�c _ R Michael F. Easley, Governor -4All , Q r' William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources All W.Limek, Pit. Director Division,of Water.Quality July 19, 2005 Mr. Garvin Trinks McDowell County Schools 709 Sugar Hill Road Marion, North Carolina 28752 Subject: Compliance Evaluation Inspection NPDES Permit No. NCO067148 Nebo Elementary School Wastewater Treatment Facility McDowell County Dear Mr. Trinks: I conducted the subject inspection on June 10, 2005. As the enclosed inspection report indicates, the facility was undergoing renovation at the time of the inspection. Replacing the sand should keep this facility in compliance with its NPDES permit. Your attention to the continued upkeep of the McDowell County school wastewater treatment facilities is appreciated. Additional inspections will be conducted once the school is back in session. If you should have any questions, please contact me at 828-296-4500. Sincerely, C--;1a';n'et Cantwell Environmental Technician Enclosure cc: PERCS Central Files James & James Environmental 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% Recycled/10% Post Consumer Paper NoLCarolina Naturally Phone (828) 296-4500 Customer Service FAX (828) 299-7043 1-877-623-6748 c NPDES yr/mo/day Inspection Type 1 3I NC0067148 I11 121 05/06/10 117 18Lj Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) Facility consists of a septic tank and dual sand filters. At the time of the inspection, the distributors had been removed and the sand was in the process of being replaced. Since school was out of session, the flows are minor and are being held in the septic tank while the facility is under renovation. JAMES & JAMES ENVIRONMENTAL MANAGEMENT PO BOX 1354, MOUNTAIN HOME, NC 28758 OFFICE: (828) 697-0063 FAX: (828) 697-0065 PERFORMANCE ANNUAL REPORT I. Generallnformation Facility/System Name: Nebo Elementary Responsible Entity: Garvin Trinks ,Person in Charge/Contact: Garvin Trinks Applicable Pennit(s): NCO067148 sj i C,J 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 Maintenance Director Entity McDowell. County Schools ®ate ' AMES & .LAMES ENVIRONMENTAL MANAGEMENT PO BOX 1354, MOUNTAIN HOME, NC 28758 OFFICE: (828) 697-0063 FAX: (828) 697-0065 PERFORMANCE ANNUAL REPORT 1. General lnformation Facility/System Name: Responsible Entity: Person in Charge/Contact: Applicable Permit(s):l i Nebo Elementary Garvin Trinks Garvin Trinks NCO067145 Description of Collection System or Treatment Process: Nebo Elementary is 'a' gravity flow influent.into a holding tank with dosing tanks into two side-by-slde!4500 gallon capacity'sand beds with one unified chlorine tube feeder and chlorine contact chamber. II. Performance . .Text Summary of System Performance for Calendar Year 2003 The facility experienced difficulty with NH3 in May and was within the 20%. Otherwise this facility has operated very well this year. 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. May - NH3- monthly average 15.1, within the 20% James & James Env'.: Mgt s s em: Permit : Nebo Elementary NC0067148 III. Notifiication: 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 certify under penalty of. law that this report is complete and accurate to the best of my knowledge. I further certify that this report has been made available to the users or customers of the named system and that those users have been notified of its availability. (please see below) I certify that this report has been given to the Owner of this Entity with explicit . directions to make the user aware of the availability of this report and the location with which a.copy can be either viewed or received. James & James Environnhental 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 Responsible Person, Title Entity Inc. 4/5/04 Date of WArF9 \0 CIO r NCDENR 1 Garvin Trinks McDowell County Schools Maintenance Director 814-B Kanuga St. Hendersonville, North Carolina 28739 Michael F. Easley Governor William G. Ross, Jr., Secretary North Carolina Department of Environment an'd Natural Resources Alan W. Klim Division June 8, 2004 1€ 2 n z Subject: Receipt of permit renewal application NPDES Permit NCO067148 Q Nebo Elementary School - WWTP i ITienderson County lDear Mr. Trinks: The NPDES Unit received your permit renewal application on June 7, 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? Dave Goodrich of the NPDES Unit will review your application. That staff member 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, bJ 4�) 0 Carolyn Bryant Point Source Branch cc: CENTRAL FILES Asheville "egional �J� ce `'Water`Quah�y ;Sectc+n��:i NPDES Unit N. C. Division of Water Quality / NPDES Unit Phone: (919) 733-5083 Fax: (919) 733-0719 1617 Mail Service Center, Raleigh, NC 27699-1617 DENR Customer Service Center: 1 800 623-7748 Internet: h2o.enr.state.nc.us e-mail: Carolyn.bryant@ncmail.net NPDES APPLIGAjLION FOR PERMIT RENEWAL- SHORT FORM D To be filed only by privately -owned dischargers of 100% domestic wastewater (<1 MGD flow) AT 01 - epartment o nvUronment an Natural Resources_..__... . Division ofWaterQualityDES Unit 1617 Mail Service Center, Raleigh, NC 27699-16 http://h2o.enr.state.nc.us/NPDES/ North Carolina NPDES Permit Number I NC00 (0'7 1t �0 Please print or type 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 2. Location of facility producing discharge: Check here if same as above ❑ Facility Name (If different from above) Street Address or State Road /V C R 15 � City Y1'1 cLr Cr,n State /Zip Code A)f) r' County Y)i ` L-*) e, w I I 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 NPDES APPLICH i iON FOR PERMIT RENEWAL- axiORT FORM D To be filed only by prIvately-owned dischargers of 100% domestic wastewater (<1 MGD flow) 4. Description of the existing treatment facilities (Ust all installed components with capacittes): 5. Description of wastewater (check all that apply): Type of FacflitGenerating Wastewater Industrial Commercial Residential School Other Number of Employees Number of Employees Number of Homes Number of Students/Staff Describe the source(s) of wastewater (example: subdivision, mobile home park, etc.): 6. List all permits, construction approvals and/or applications (check all that apply): 1�e Permit Number Type RCRA Non -Attainment UIC Ocean Dumping NPDES ]�j (UU(D '� 14 Dredge/Fill Permits PSD Other NESHAPS Permit Number 7. Number of separate wastewater discharge pipes (wastewater outfalls): 8. If the facility has multiple discharge outfalls, record the source(s) of wastewater for each outfall: !y� 1 Page 2 of 3 Version 12102 NPDES APPLIC...ON FOR PERMCiT RENEWAL- -_ . - [ORT FORM D To be filed only by privately -owned dischargers of 100% domestic wastewater (<1 MCD flow) 9. Name of receiving stream(s) (Provide a map. showing the exact location of each outfall): Cep. 10. Is this facility located on Native American lands? (check one) rovi YES ❑ NO 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. Garvin Txinks Printed Name of Person Signing Maintenance D.ur.eaton/McDowett Countu Schootz Title N Date North Carolina General 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 any recording of monitoring device or method required to be operated or maintained under Article 21 or regulations of the Environmental Management Commission implementing that Article, shall be guilty of a misdemeanor punishable by a fine not to exceed $10,000, or by imprisonment not to exceed six months, or by both. (18 U.S.C. Section 1001 provides a punishment by a fine of not more than $10,000 or imprisonment not more than 5 years, or both for a similar offense.) Page 3 of 3 Version 72102 \ �.1 , `/ / - J- ����.,�s•.�! 1 �' _ ) ( •... /rJAs� c.- _\�\\ill - / .c V \. ice__ �'i. 1 J � •-- f � _--- ._.--'� • • �: �Q .� l --g )5 % 2-1 :l !l•,� �� Op'l- -" rc ��_�- •oJir• �T r'' :,'--l\;,i/�%%`�— -� �i ��oo- a.��� \�`_ I 'a7^'. ram./rJ09J iX. 1 1 1. ++'y '\ t...ii % � •y1J\'• �'� : FI +`-' �:� %' •�'./mil J� -- - .. �' \: '��(� ,' � ,,�';+�• . • \ I - ) I� , i ,:-�\� O'er-, ���� � _�.:� ....�%._� .-� � r •'�� ``-y\ � �,�P ebo''—. ' S � McDowell Count - - �` ,.- " _ _ : _ �`• - ; : ,�' � . = ,Jos-�\, �•. '� �a y Schools Nebo Elementary I iNC 148,0 '•1. ,-y `,•�q ��I�J \ v .lam'_' .• /'�` i' `\'•,, . Its I .`.� '� • . i J 2 7 _ il. - I, lam•. -� r.y \`_ ''\ T +• 3 �.',( , I/ _•Yl`//`'�� �. ��% 0'' �J1' \ -�� - ;1i Ali%: � •Y- ?' V. 1 Latitude: 35" 42'58'• Longitude: 82"55'35- c w,da ElINW Stream Class: C S ubbasin: 30830 Receiving Stream: I IT Shadrick Creek NCO067148 McDowell County Schools Nebo Elementary School Facility Location fj/� SCALE 1 :24000 �{ STATE OF NORTH CAROLINA Department of Environmental and Natural Resources Water Quality Section 59 Woodfin Place, Asheville, NC 28801- 828/251-6208 I/WE, File Access Record FACILITY NAME (print name/s COUNTY , have been provided (print name/s) access to the above -named file by personnel of the Water Quality Section. I understand that this statement shall be made a permanent part of any file which is viewed under the Freedom of Information provision of the North Carolina General Statutes. z (signature) (signature) name/initials of WQ statf member permit number (date) (date) Aug 19 03 09:30a MR HARRY JAMES .828. q Q738 p.2 JAMES & JAMES ENVIRONMENTAL MANAGEMENT, INC PO BOX 1354, MOUNTAIN HOME, NC 28758 (828) 697-0063 OFFICE (828) 697-0065 FAX August 17, 2003 Mr. Michael McDonald Division of Water Quality DENR 59 Woodfin Place' . Asheville, NC 28801 Mr. Garvin T-rtlls McDowdCounty Schools 2140.Sugar Oil Road Marion, NC 28752 Re: Letter dated 7/17/03 for Nebo Elementary School WWTP Dear Mr. McDonald, The month of May, 2003 our operator, Steve Nanney, had a difficult time combating the Ammonia Nitrogen level at the Nebo Elementary School WWTP. He took many corrective actions including the addition of Soda Ash to the Influent dosing tank, adjusting the dosing rate through the sand beds, and checking to see if anything had changed in the integrity of the incoming waste water. With these actions he found that the addition of the Soda Ash made only minimal changes in the Ammonia Nitrogen of the waste stream. He also found that changing the dosing and re -circulation rate again made only minor corrections. When reviewing the incoming waste water, he found that the kitchen staffhad changed the product used. This new product added chlorine. Mr. Trinks immediately made the change back to the product that had been used. With this change and additional Soda Ash used, the Ammonia Nitrogen regained compliance for the month of June, 2003. Thank you for your attention in this matter. We will strive in the future, as we have in the past, to release the best possible effluent from this facility. With highest regards, we are Harry & Juanita James t Aug 19 03 09:30a p.1 M RS HARRY JAMES 8O69738 James & James Environmental Management, Inc. PO Box 1354, Mountain Home, NC 28758 Office: (828) 697-0063 Fax: (828) 697-0065 Recipient: M 11c4lad M 60VId Company: _ DEN IZ Fax Number: � S) - 60 S� Voice Number: ) Sl- Date: 41 g103 Time: c)9 3v Total No. Pages (includes cover): - Subject: ��bD �( � Sent By: Message: J.. OFWAr � QG Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P. E. Director Division of Water Quality Coleen H. Sullins, Deputy Director Division of Water Quality Asheville Regional Office WATER QUALITY SECTION CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Garvin Trinks McDowell County Schools 709 Sugar Hill Road Marion, North Carolina 28752 Dear Mr. Trinks: July 17, 2003 Subject: NOTICE OF VIOLATION Permit No. NCO067148 Nebo Elementary School WWTP McDowell County A review of Nebo Elementary School WWTP's monitoring report for May 2003 showed the following violations: Parameter Date Limit Value Reported Value Limit Type Nitrogen, Ammonia Total 05/31/03 14.4 mg/I 15.1 mg/I Monthly (as N) Average Exceeded Remedial actions should be taken to correct this problem. The Division of Water Quality may pursue enforcement action for this and any additional violations of State law. To prevent further action, carefully review these violations and deficiencies and respond in writing to this office within 30 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 Mr. Michael McDonald at 828/251-6208. Sincerely, orrest R. Westall Water Quality Regional Supervisor xc: Michael M. McDonald Compliance/Enforcement CD9 7� 59 Woodfin Place Asheville, North Carolina 28801 Telephone (828) 251-6208 Fax (828) 251-6452 Customer Service 1-877-623-6748 DESIGN SPECIFICATIONS NEBO ELEMENTARY SCHOOL WASTEWATER TREATMENT PLANT RECIRCULATING SAND FILTER (RSI� WITH DRIP DISTRIBUTION McDOWELL COUNTY GENERAL DESIGN: Design Population: 600 Students Design Flow Rate: 12 GPC/d Design Flow: 7,200 GPD Actual Flow: 3,500-5,600 GPD Permitted Flow: 7,500 GPD PRELIMINARY TREATMENT (EXISTING) A. Septic Tank #1 (field measurements) 9,900 gallons B. Septic Tank #2 (in -series) 9,565 gallons C. Dosing Tank 2,840 gallons D. Sand Filters (two parallel) 23' X 46' 2,116 sq. ft. E. Chlorinator 1,200 gallons NOTE: Dosing is by duplex pumping 742 gal/dose PROPOSED UPGRADE: Conversion of Intermittent To Recirculating Sand Filter A. Install (3) 3,500 gallon tanks, pre -cast state -approved, for a total of 10,500 gallons. B. Disable and remove dosing pumps and reroute septic tank effluent through the dosing tank by gravity to the number one recirculating tank. C. Rebuild sand filter by removing and replacing —12" of state -certified sand and installing 2160' of %" PE. drip tubing ( 0.01 gpm emitters @ 24" O. C.) at —10" depth beneath sand surface. D. Install a 10'x10' prefab or hand -constructed building on a 4" slab -on -grade building to house duplex controller and filtration unit. E. Install dual pumps, 1 % HP, in tank number 3. F. Install dual 400 micron filters (manually cleaned)and a 1'/Z" totalizing flow meter in the control building. G. Install a distribution box in -line with the existing sand filter effluent to provide flow splitting between the chlorinator and the recirculation tanks. H . Install a 2" PVC field flush line with a 2" PVC Ball Valve to manually flush the drip tubing at appropriate intervals (usually 2-4 weeks). DISTRIBUTION SYSTEM: A. Install drip tubing 12" O. C. and buried —10" beneath sand surface: 48 lines each 45' long for a total of 2,160'. Drip tubing shall contain emitters at 24" O.C. and deliver —0.01 gpm over a pressure range of 10-50 PSI. B. Install a 2" PVC supply manifold with''/z" drip tubing attached at 6' intervals for a total of 270' for each run. Connect the end of each run to the 2" PVC flush manifold. The flush manifold will only be operated at preset flushing intervals and will return the flushing flow tlirough the control building then to recirculating tank number one. C. Calculating the dose rate: 2160' / 2' per emitter = 1080 total emitters installed 1,080 emitters x 0.01 GPM/emitter = 10.8 GPM D. Calculating the flush rate: 8 connections to the flUShing line at 1.9 GPM + dosed amount = pump rate (8 x 1.9 GPM) + 10.8 GPM = 26 GPM NOTE: 1.9 GPM is the flow rate at 2 FPS velocity through %" pipe DAILY DOSING SCHEDULE: A. Design flow x recirculation ratio = pumping volume/day (GPM) 7,500 GPD x 2 = 15,000 GPD B. Dosing time per day: 15,000 GPD / 10.8 GPM / 60 min/lu- = 23.1 hrs., say 24 hours, at design. C. Dosing time at normal daily flows of-5,000 GPD (5,000 GPD x 2) / 10.8 GPM / 60 min/hr. = 15.4hrs., say 16 hours. D.T OLD I INSTALL LOCKING LATCHES ST OVER EACH OPENING 4- / / MUST BE BELOW I BOTH FILTERS S N �I� SAND FIl1TER 41 START 6' F ❑M 4ALL 10' DEEP 1 SAND 4-6' GRAVEL COVER \ _ SAND FILTER 42 CONNECT TO .BOX EX. DISCHARGE 2' 3-LV E5 LOOPS (SEE DETAILS) 112' P.E. DRIP TUBING 0.01 GPM EMITTERS @ 24' D.C. 4) 270' RUNS OF 12' P.E. )RIP TUBING (0.01 GPM) 3URIED 10' (11.50.C.) EX. 8' BLOCK WALLS AUT❑-DRAINS PVC FLUSHLINE VC SUPPLY SANTD FIL�ER�(TYP, ❑E TWD) N❑ITn�i A 2' SUPPLY PVC TER LIGHTDUPLEX PANEL 10'x10'x 4' CONCRETE PAD 112' PVC DRAIN FILTER FLUSH LINES 112' PVC PVC BALL VAVLE CONTROL BUILDING GRADE 1500 WATT, 230 GRADE I� II �I �I CONTROL BUILDING PLAN 2' PVC SUPPLY_ �= 2' PVC SUPPLY CONTROL BUILDING .❑CKING ALUMINUM HATCH THREE HOLES CDR DRILLED TO FIT 4' PVC SCH 40 11 PIPE WITH SNAP IN PIPEEALS 4'-0' .a- SECTION DISTRIBUTION BOX FROM SAND FILTER RECIRCULATI❑N 4'-0' EFFLUENT PLAN DISTRIBUTION BOX 3'x3' LOCKING ALUM. HATCH . I 2• Pvc — GRADE ram, - 1/2' SS MOUNTING BRACKETS a• Pvc o 1 112' PVC FLOAT TREE LAG PUMP ON 3' 0' a AEROMOTOR SS, _ LEAD PUMP ON 1 1/2HP, TUBINE - - PUMPS LOW WATER/OFF 6- PVC o 2'-01 EQUALIZATION LINE 20 LB. CONCRETE WGT. 6' PVC GRADE x2'x2.5'H RISER 3500 GAL, PUMP T (6'xI2')(6.5'd> NOTE, TANKS AND RISERS SEALED WAT WITH NON -SHRINK GROUT AND MASTIC. ALL PVC 1S SCHEDULED 40 OR BETTEF RECIRCULATI❑N PUMP TANK N El, 3 —K V PVC ELECTRICAL AIR TIGHT SEAL /,L-- (Ij ALUMINUM F{A7CH DUAL 1 112 HP TURBINE PLws RECIRCULATI❑N PUMP PLAN EXISTING SAND FILTER 4'0ABOX 'f II 38'x76' II II II j II � ail FLUSH LICE - - - 4' PVC 2'PVC SF INF. PVC B. VAL S / 2' SUPPLY PVC FIELD FLUSH G I I / / II I/ / 1 1/2' FLOWMETER TOTALIZER EFFLUENT � -- -_ HEATER RECIRCULATION F-1-- 7"FLP,S -�SEPTIC TANK EFF.�� y DUPLEX SCONTROLLER W/ TIMERS, 230 VAC, 18 C DRAIN FILTER FLUSH ALARM LIGHT LINES 1/2' PVC ( I' PVC ELECTRICAL II AIR TIGHT SEAL IQ'xIO'x 4' - CONCRETE PAD 10'x10, 6' PVC DUAL 2 HP TURBIN CONTROL BUILDING PUMPS ALUMINUM LOCKING KL-DRClVA-HUI W-1\1K #11 (3SM C�!'•l) n State of North Carolina Department of Environment and Natural Resources Asheville Regional Office Michael F. Easley, Governor William G. Ross, Jr., Secretary Alan W. Klimek, P.E., Director Division of Water Quality NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES WATER QUALITY SECTION June 12, 2002 ,,Mr. Garvin Trinks — Maintenance Supervisor McDowell County Schools 709 Sugar Hill Road Marion, North Carolina 28752 Subject: Authorization to Construct ATC No. 06714BA01 NPDES Permit No. NCO067148 Nebo Elementary School McDowell County Dear Mr. Trinks: The Division of Water Quality received your request for an Authorization to Construct on May 14, 2002. The Division has reviewed your request for an Authorization to Construct at Nebo Elementary School. The Division finds the proposed improvements to be satisfactory and hereby grants authorization for the following: • Install three (3) 3,500 gallon recirculation tanks pre -cast state -approved, fora total of 10,500 gallons. • Disable and remove dosing pumps and reroute septic tank effluent through the dosing tank, by gravity, to the number one recirculating tank. • Rebuild sand filter by removing and replacing approximately 12 inches of state -certified sand and installing 2160 feet of inch PE. drip tubing (with 0.01 gpm emitters at 24 inch O.C.), at approximately .10. inch depth beneath the sand surface. • Install a 10 foot by 10 foot prefab or hand constructed building on a 4 inch slab -on - grade building to house duplex controller and filtration unit. • Install dual pumps, 1 °h HP, in tank number 3. • Install dual 400 micron filters (manually cleaned) and a 1'h inch totalizing flow meter in the control building. • Install a distribution box in -line with the existing sand filter effluent to provide flow splitting between the chlorinator and the recirculation tanks. Asheville Regional Office, 59 Woodfin Place, Asheville, North Carolina 28801 Phone: 828/251-6208 Fax: 828/251-6452 An Equal Opportunity/Affirmative Action Employer— 50% Recycled\110% Post Consumer Paper Mr.:Garvin Trinks 00 �E May 24, 2002 Page 2 Install a 2 inch PVC field flush line with a 2" inch PVC Ball valve to manually flush the drip tubing at appropriate intervals. Associated piping and appurtenances. This Authorization to Construct is issued in accordance with NPDES Permit No. NC0067148, issued May 5, 2000, and shall be subject to revocation unless the wastewater treatment facilities are constructed in accordance with the terms and conditions of the permit. The Permittee shall notify the Water Quality Supervisor of the Asheville Regional Office, telephone number (828) 251-6208, at least forty-eight (48) hours prior to operation of the installed facilities, so that an in -place inspection can be made. Notification shall be made during the normal office hours of 8:00 a.m. until 5:00 p.m., Monday through Friday. Engineer's Certification Upon completion of construction and prior to operation of the modified facility, the Permittee shall provide the Division with the enclosed certification from a professional engineer registered in North Carolina certifying that the permitted facility has been installed in accordance with NPDES" Permit NC0067148, Authorization to Construct Number 067148A01 and the approved plans and specifications. The Certification should be submitted to: NCDENR/ DWQ, NPDES Unit, 1617 Mail Service Center, Raleigh, North Carolina 27699-1617. Requirements for Certified Operator. The Permittee shall employ a certified wastewater treatment plant operator to be in responsible charge (ORC) of the wastewater treatment facilities. The operator must hold a certificate of the type and grade at least equivalent to or greater than the classification assigned to the wastewater treatment facilities by the Certification Commission. The Permittee must also employ a certified back-up operator of the appropriate type and grade to comply with the conditions of Title 15A, Chapter 8G, .0200. The ORC of the facility must visit each Class I facility at least weekly and each Class Il, 111, and IV facility at least daily, excluding weekends and holidays, and must properly manage and document daily operation and maintenance of the facility and comply with all other conditions of Title 15A, Chapter 8G, .0200. Additional Requirements The Operational Agreement between the Permittee and the Environmental Management Commission is incorporated herein by reference and is a condition of this Permit. Noncompliance with.the terms of the Operational Agreement shall subject the Permittee to all sanctions provided by G. S. 143-215.6 for violation of or failure to act in accordance with the terms and conditions of this Permit. Failure to abide by the requirements contained in this Authorization to Construct may subject the Permittee to an enforcement action by the Division of Water Quality in accordance with North Carolina General Statute 143-215.6A to 143-215.6C. Asheville Regional Office, 59 Woodfin Place, Asheville, North Carolina 28801 Phone: 828/251-6208 Fax: 828/251-6452 An Equal Opportunity/Affirmative Action Employer— 50% Recycled\110% Post Consumer Paper Mr. Garvin Trinks June 3, 2002 Page 2 The issuance of this Authorization to Construct does not preclude the.Permittee from complying with any and all statutes, rules, regulations, or ordinances which may be imposed by other government agencies (local, state, and federal) which have jurisdiction. The Permittee shall maintain a copy of the approved plans and specifications on file for the life of the facility. One (1) copy of the approved plans and specifications is enclosed for your records. If you have any questions about this Authorization to Construct, please contact Mr. Larry Frost, at (828) 251-6208. Sincerely, Alan W. Klimek, P.E. Director Enclosures: Project Plans and Specifications (approved) Engineer's Certification Form cc: -Larry Frost Technical Assistance and Certification Unit Central Files NPDES Unit Files -Bob Deweese - NCDPI Asheville Regional Office, 59 Woodfin Place, Asheville, North Carolina 28801 Phone: 828/251-6208 Fax: 828/251-6452 An Equal Opportunity/Affirmative Action Employer — 50% Recycled\110% Post Consumer Paper of ®VEC� � M APPR North Carolina Environmental Management Commission s DMsion of Water Quality DESIGN SPECIFICATIONS ix ij 240 10 LP tee© ���sae��d ��{ N�`•1Qao F®rout# �NEBO ELEMENTARY SCHOOL WASTEWATER TREATMENT PLANT RECIRCULATING SAND FILTER (RSF) WITH DRIP DISTRIBUTION McDOWELL COUNTY GENERAL DESIGN; Design Population: 600 Students Design Flow Rate: 12 GPC/d Design Flow: 7,200 GPD Actual Flow: 3,500-5,600 GPD Permitted Flow: 7,500 GPD PRELIMINARY TREATMENT (EXISTING) A. Septic Tank #1 (field measurements) 9,900 gallons B. Septic Tank #2 (in -series) 9,565 gallons C. Dosing Tank 2,840 gallons D. Sand Filters (two parallel) 23' X 46' 2,116 sq. ft. E. Chlorinator 1,200 gallons NOTE: Dosing is by duplex pumping 742 gal/dose PROPOSED UPGRADE: Conversion of Intermittent To Recirculating Sand Filter A. Install (3) 3,500 gallon tanks, pre -cast state -approved, for a total of 10,500 gallons. B. Disable and remove dosing pumps and reroute septic tank effluent through the dosing tank by gravity to the number one recirculating tank. C. Rebuild sand filter by removing and replacing —12" of state -certified sand and installing 2160' of %" PE. drip tubing ( 0.01 gpm emitters @ 24" O. C.) at —10" depth beneath sand surface. D. Install a 10'x10' prefab or hand -constructed building on a 4" slab -on -grade building to house duplex controller and filtration unit. E. Install dual pumps, 1% HP, in tank number 3. a* 0 F. Install dual 400 micron filters (manually cleaned)and a 1 V totalizing flow meter in the control building. G. Install a distribution box in -line with the existing sand filter effluent to provide flow splitting between the chlorinator and the recirculation tanks. H . Install a 2" PVC field flush line with a 2" PVC Ball Valve to manually flush the drip tubing at appropriate intervals (usually 2-4 weeks). DISTRIBUTION SYSTEM. A. Install drip tubing 12" O. C. and buried —10" beneath sand surface: 48 lines each 45' long for a total of 2,160'. Drip tubing shall contain emitters at 24" O.C. and deliver —0.01 gpm over a pressure range of 10-50 PSI. B. Install a 2" PVC supply manifold with V2" drip tubing attached at 6' intervals for a total of 270' for each run. Connect the end of each run to the 2" PVC flush manifold. The flush manifold will only be operated at preset flushing intervals and will return the flushing flow through the control building then to recirculating tank number one. C. Calculating the dose rate: 2160' / 2' per emitter = 1080 total emitters installed 1,080 emitters x 0.01 GPM/emitter = 10.8 GPM D. Calculating the flush rate: 8 connections to the flushing line at 1.9 GPM + dosed amount = pump rate ( 8 x 1.9 GPM) + 10.8 GPM = 26 GPI NOTE: 1.9 GPM is the flow rate at 2 FPS velocity through %" pipe DAILY DOSING SCHEDULE: A. Design flow x recirculation ratio = pumping volume/day (GPM) 7,500 GPD x 2 = 15,000 GPD B. Dosing time per day: 15,000 GPD / 10.8 GPM / 60 min/hr = 23.1 hrs., say 24 hours, at design. C. Dosing time at normal daily flows of--5,000 GPD (5,000 GPD x 2) / 10.8 GPM / 60 min/hr. = 15.41irs., say 16 hours. 00 0 D. Using the above calculations and an up -down digital timer, timed dosing can be used to evenly distribute the flow over a 24-hour day. E. Alternatively the system can by-pass the timer and operate in the demand mode by float control. RECOMMENDED DOSING SCHEDULE: The recirculation cycle will begin and end in a demand mode controlled by a four - float system and will operate for approximately 23 hours per day at design flow. April 9, 2002 j,A* w 1, U WkIL%V 11 raw-44—D I. m5tl twPirP"41 i.Vv UA yA - ON, 4i a 11 9 0 V-A N a. `71 - �V • N 14 mv ' - ' ;91 , tto m.' . W, Vic IM 71 fi�l WMI The Unique, Higt I Fil� SPECIFICATIONS: 4E-3/a" l ] 3/4 " M.I.P.T. Inlet/Outlet. Flushing outlet: 3/4 " MHT. nTwo-piece threaded housing with O-ring seal. Molded from high heat and chemical resistant ABS plastic. Available with ball flush valve or unscrewing flush cap. nFilter screen Is all stainless steel, providing 23.4 sq. in. of filtration area. Screens available in 50, 100, 150 (standard) and 200 mesh sizes. Screen collars molded from vinyl for long life and durability. J Maximum recommended working pressure: 80 PSI. Maximum flow: 11 GPM. Maximum self-cleaning efficiency: 4 GPM and above. 4E-1 " . J 1 " M.I.P.T. Inlet/Outlet. (4E-1 " is a true 1 " filter, not a 3/4 " filter with 1 " adap- tors.) Flushing outlet: 3/a" MHT. nTwo-piece threaded housing with O-ring seal. Molded from high heat and chemical resistant glass -reinforced plastic. Available with ball flush valve or unscrewing flush cap. FFilter screen Is all stainless steel providing 28.40 sq. in. of filtration area. Screens available in 50, 100, 150 (standard) and 200 mesh sizes. Screen collars molded from vinyl for long life and durability. nMaximum recommended working pressure: 80 PSI. Maximum flow: 28 GPM. Maximum self-cleaning efficiency: 7 GPM and above. --�� 4 E-11/z " n11/2" M.I.P.T. Inlet/Outlet. Flushing outlet: 3/a" MHT. nTwo-piece threaded housing with O-ring seal molded from high heat and chemical resistant glass -reinforced plastic. nFilter screen is all stainless steel"providing 60.8 sq. in. of filtration area. Outer J ` support shell Is woven stainless steel wire; inner screen is specially woven stainless steel cloth. inner and outer screens are soldered together. Screen col- lars molded from vinyl for long life and weatherability. Screens available in 50, 100, 150 (standard), and 200 mesh sizes. nMaximum recommended working pressure: 100 PSI. Maximum flow: 55 GPM. Maximum self-cleaning efficiency achieved at 50 GPM. 4E-2" l J 2" M.I.P.T. Inlet/Outlet. Flushing outlet: 3/4 MHT. nTwo-piece threaded housing with O-ring seal molded from high heat and chemical resistant glass -reinforced plastic. Filter screen is all stainless steel providing 60.8 sq. in. of filtration area. Outer n support shell is woven stainless steel wire; inner screen is specially woven stainless steel cloth. Inner and outer screens are soldered together. Screen collars molded from vinyl for long life and weatherability;. Screens available in 50, 100, 150 (standard), and 200 mesh sizes. nJ Maximum recommended working pressure: 100 PSI. Maximum flow: 115 GPM. l Maximum self-cleaning efficiency achieved at 100 GPM. HOUSING DIMENSIONS I -i. B C _Y n To' 0-53' 10.5 J � If' 12. 5.5 'r 1-2' 12' 5.5" SPIN CLEAN'ACTIOti — H0%;. I i «-OR_;S Ag Products "Spin Clean' filters ar= i:.jc-f r "'at: --coming 6 rm- water is forced through a directional ncz:zlz p.sa__ _ r;, the imslde of the stainless steel screen. This creates a c=_� =��_J _won w fi_,ch rotates debris down the screen wall to the Iaro_ cam: ut_it_il, b.a`un. Debr�s is flushed out via a ball valve or unscreuing ca..actoi n kes,` r•ur2 of the screen area clean, minimizing pressz. __ build-up. SCREEN DIMENSIONS5.25 •t tttt :....:ryl 11 n II r � � 1- - - S ram_ - C ;I�tltt�C: �1116 — - - YJ'lltt�r•:: I�gtc A 6-25 i - - _ $Illt t`:,cr 1 Illy 1 -• E<Ittt• _ gIt ill I.-7.25 cz 7.2 �B� FILTER SCREED MESH `dICROti C MESH I '50 100 INCH 1 .012 1 .00- -� MICRON 300 1 152 0 ; , AREA OF 71 Tc,-a-:Q\" 23.40 28.,0 60.50 60.80 c 2 V tl 10 12 FLOW (G.P.M.) 4E-11/2 FLOW (G.P.M.) AF_1 " 20 25 FLOW (G.P.M.) 4F_7P 4V ou 80 100 FLOW (G.P.M.) Other Filter Products Available from Ag Products... 4E-3/4T features a 3/4 " Hose Swivel Inlet x 3/4 " MHT outlet with thread- ed cap for easy screen flushing; all stainless steel screen. Ideal for small low -flow systems supplied by garden valves. 4E 21, —3", —4", —6 —8 —12", Steel; Stainless steel screens wii reinforced polypropylene retaining collars; Scotchkote 203 fusion epoxy ten -gauge steel housings; all brass locking ball valve for flushing or c bleed. Inlet/outlet connections on the 2", 3", 4" are victualic grooved, 6", 12" are flanged. AmulAgricultural Products Inc. P.O. Box 3760, Ontario, CA 91761 (909) 390-1888 FAX (909) 390-1889 MANUFACTURERS OF QUALITY F.6 WATER HANDLING PRODUCTS 1/95 P.O. Box 3546, Haines City, FL 33845 -- 21 Sand Filler & PVC Liners I! Sand Filter Liner, black 30 mil. Also used for sewage ponds. Fabricated to $0.33/sq. ft your specifications. If needed, 2 boots, stainless steel clamps and d adhesive included. L120 Pond Liner, gray 20 mil. Approved for fish ponds, garden ponds, etc. $0.30/Sq. ft Filter Fabric LIFF Filter Fabric, 0.85 oz per square yard spun bonded nylon, 4-1/2'x 100' 27.50 Keeps dirtfrom infiltrating sand beds and drain rock in sand filters and drainfields. Not biodegradable. LIFF2 Filter Fabric, same material as above except 27" wide. Ideal for drainfield trenches. 13.50 — AFF3 Filter Fabric, same material as above except 3' wide. Ideal for drainfield trenches. 18.70 LIFF3-1.5M Filter Fabric, same material as above in roll T wide by 1500' long 254.00 LIFF10 Filter Fabric, same material as above in roll 10' wide, per lineal foot $0.63/lin. ft Flow Meters (Unions not included) FMO62 5/8 inch diameter Flow range 1-10gpm, Max 20gpm 71.00 FFA075 3/4 inch diameter Flow range 2-15gpm; Max 30gpm 120.00 FM100 1 inch diameter Flow range 3-25gpm, Max 50gpm 170.00 — w FM150 1 1/2 inch diameter Flow range 5-50gpm, Max 100gpm _ 49__ 0� FM203 2 inch diameter Flow range 8-80gpm, Max 160gpm 700.00 Infiltration Fester Recirculating Sand Filter Valves MM3 Standard Recirculating Ball Valve MM4 MM6 " RSV2 Recirculating Splitter Valve (Unions not included) RSV3 " RSV4 It Hydrosplitters Call for details and pricing. 3 inch 90.00 4 inch 95.00 6 inch 125.00 2 inch 125.00 3 inch 200.00 4 inch 235.00 Regulate distribution to gravity drainfield lines in pumping and siphon systems. Include 18' high x 21" dia. PVC enclosure with fiberglass cover. Specify number of lines. HSM 1/2" dia. lines $14 per line + 74.00 1" dia. lines $18 per line + 74.00 Custom Hydrosplitters builtto your specifications Call for quote (541)459-4449 Page 22 Prices Effective: 2/20/96 Rev: 5/17/96 Mis page only/ Specifications Orenco Systems' Incorporated Male Adapter Fiberglass Slip Cap wNent 814 AIRWAY AVENUE Vent Hole 4" Solvent Weld Coupling SUTHERLIN, OREGON / g Discharge Orifice, Sized 97479-9012 / for System Flow Rate T Anti -flotation Dimple TELEPHONE: FACSIMILE: (503)459-2884 osl Effluent Filter E Poly Lifting Rope Sealing Ring [811-3/8" Diameter Influent Holes 1/8" Mesh Polyethylene Screen w/Solid Urethane Base 1/2" Annular Space PVC Housing . PVC Stop Ring A Dimensions r� ModelOB42 Model1248 Model 16,12. L5(oD JS� A Nominal Diameter S' 12" 15 B Overall Heicht 42' 4S" 4°" C Discharee Orifice Heiahl 36 42*' 42' D Mesh Screen Height 34" 39" 39' E Influent Hole Heicht 21' 27" 27" C,lsimn sizes 3': allSblH. Lil fcr EffluenlTilters ~ For individual septic tanks to protect drainfields from solids carryover. Allows reduction of transport lines to 1-1/4" diameter and eliminates the need for distribution piping within the drainfield, where allowed. For sep- tic tanks preceding dosing tanks with pumps or siphons, as in sand filter and mound systems. For septic tanks in variable -grade sewer collection systems. For large septic tanks serving small communities, RV parks, schools, etc. Constructed of fiberglass, PVC and 1/8' mesh polyethylene screen. Note: When using a pump, use a Screened Pump Vault instead (see page 5) All Effluent Filter outlets fit pipe O.D. of 4.5". Adapters available upon request New FT -Series Biotube® Filters U.S. Patent Nos. 4439323 and 5480561 Model Filter Area (ftZ) Dimensions Unit Price FT0444-36 5.3 4" dia. x 44" high, 36" cartridge $60.00 The model FT0444-36 effluent filter is packaged 4 units to the case. Discounts are only allowed on purchases of case quantities as follows: 2-4 cases (10% discount) $54.00 5-7 cases (20% discount) $48.00 8-24 cases (25% discount) $45.00 25+ cases (30% discount) $42.00 Model Filter Area (ft2) Dimensions Unit Price F 1044-r-33 5.3 4" dia. x 44" high, 36" cartridge $60.C;: FT0848-36 16.8 8" dia. x 48" high, 36" cartridge $145.00 FT0854-36 16.8 8" dia. x 54" high, 36" cartridge $150.00 FT1254-36 33.6 12" dia. x 54" high, 36" cartridge $295.00 FT1554-36 54.0 15" dia. x 54" high, 36" cartridge $425.00 FT1572-54 81.0 15" dia. x 72" high, 54" cartridge $540.00 -�— Custom filters for engineered systems a specialty. Call for a quote. (541)459-4449 Page 20 Prices Effective:2/20/96 Rev: 5/30/96 en By: ^TRYON BUSINESS CTR; 919 779 0826; Mar-4-09103; Page 2/3 AfRON ® 35 GPM 4" Submersible Pumps a 35 GPM External check valve not included PUMPING CAPACITIES IN GALLONS PER MINUTE AT INDICATED DISCHARGE PRESsum lu PnIINns PER sn luru MODEL NUMBER N.P. 2" NPT DISCHARGE OEPTN TO WATER IN FEET u �~ --' SHUTOFF HEAD 1 P.3_I. zD 70 40 50 00 70 80 42.0 18.0 90 38,1 100 125 150 175 200 225 250 Z75 300 350 400 a50 T500 550 FEET P.S.I. 35-100 (5-STG) 0 54.7 50,2 29.8 46.9 24.9 32.5 20.1 160 65 20 48.0 44.1 39.9 34.7 30 38,0 32.1 28.4 24.0 20.6 40 27.0 21.5 15.3 35-150 (7-STG) 1th 0 51,1 45.2 45.5 36.0 205 89 20 55.Z SZ,1 49,2 141.9 48.3 382 43.4 34.3 39.5 131.r. 36.0 27.2 324 23.5 129.3118.5 18.9 30 40,2 46.0 40 41.0 37.1 34.2 30.7 26.4 22.5 19.2 1 1 50 33.0 F28.7 24.4 21.3 80 23.5 18,J 13.3 .- 70 0 52.8 45.5 38.0 31.5 23-4 t.y.1 20 151.0 j 48.1 45.2 142.2 138.5 32.3 24.9 10.4 35-200 (9-8TG) 2 30 53.0 50.1 47.2 144.0141.4 38.2 35.5 13Z4 26.0 20.0 18.1 17.1 265 115 1 40795 24 46.0 43.7 40.5 37.7 34.1 32.0 28.4 39.737.0 33.4 31.0 27.9 24.7 21.618.3 _ ER:: 7 32.4 30.0 26.3 23.8 19.9 - 17.1 26.0 22.7 19.8 16.0 0 wFO�2 - 2.5 46.0 4-2.8 38.4 33.9 28.3123.0 17.2 35-300 (12-STG) 3 20 30 52.4 $0.3 3.8 39.0 34.1 29.2 23.8 17.81 350 I 152 51.5 49.8 48.0 48.1 41.7 44.0 39.7 34.8 29.8 24.2 19.8 40 51.3 47.4 45.0 43.5 40,2 35.0 30.2 24.1 19.7 _ `� -60 50,3 48.7 47.3 44.9 43.0 41.3 39,5 37.4 35.5 30.6 25.1 19.8 46.2 44.0 42.3 4n R 38.8 38.5 34.4 32.3 3.0.8 25.5 20,0 35-500 (18-STG) _-L60 70 41.8 40-3 38.0 36.1 34.0 323 30.0 27.9 25.5 24.0 14.1 244 1 5 0 - 52.7 50.0 dl.1 144.4 41.5 35.4 28.J 21.8 14.0 563 TO _ 53.2 50.5 147.3 144.8 42.0 39.2 36.0 29.9 22.0 14.6 _ 30 -40 53.6 50.8 48.0 145.1142.2 39-4 136.1 33.2 26.3 19,1 53.8 51.D 482 45.3 426 39.g 36,1 k 33.3 30.5 23.0 15.4 50 53.4 52.2 51.3 48.5 45.a a2.8 39,8 36,5 33.5 130.4 26.8 19.5 E53.9 J2.551.4 53.0 61.5 50.8 49,5 48.4 45.4 427 39.9 36.7 33.5 30-5 27.0 20.2 15.2 70 5d,8 50.0 49,5 48,0 48.7 45.7 42.6 40.2 37,1 34,0 30.9 27.5 24.1 20.0 11.7 WA57E WATER SYSTEMS OF NC R__T_412�2' ff__/ JOHN R. HARMAN, P.E. "PeregRlte ON- SlTE MANAGEMENT SYSTEMS PM-111; 8otdriP4nc@sol.j0M 1905 109 DURHAM D131VE - RALEIGH, NO 2760:i 914779-6301 • FAX 919.779-01326 i IVill,'lltf"! r■■■r�wr■�wrr■err■�■�r■r■■■■■■■■�■ iiiii ii■■ii WRINCE NFEE'll IC MIKE Mrrr■ ■rw■■ ■■■�� ��a�■■ ■rr■� rwr■■ wrrrr www■r ■■�r■■ No ME\■■■�"-L VaM\\■■■■M■.■os "r■■■ ■w■■■ EN:-likelrM E®ows MOORE ■■■r■Mumma Ejun -pRt limenaEssm w■■\■■ ON MEN SEMEN a ���■ter■■ ■■■■■■w■■■MOMCIE' sNW :.■ wzL%■i`0r■ SEES■ ■SEES � • ��■ ■■�■r ■ SEEM■ SEES■ ■i■ �®��'' �■■�■ ■■■.■■ ■ NPDES 420MIT APPLICATION - SHORTj D To be filed only by dischargers of 100% domestic wastewater (< 1 MGD flow) N. C. Department of Environment and Natural Resources Division of Water Quality / NPDES Unit 1617 Mail Service Center, Raleigh, NC 27699-1617 North Carolina NPDES Permit Number I NC00 &7 i 42S (if known) � [�UI� Please print or type 1. Mailing address of applicant/permittee: NAY i, 4 " Facility Name Owner Name Street Address City State ZIP Code Telephone Number Fax Number e-mail Address RE E 1)G11.l,CLL COUJJ T`t� SC A OD ARV iRl11= ftEGIO�IAL a !ll . C . 29T 5z ( 8'1a ) & 5 % `55G1+ ( sue ) 65z Sgv3 s14 2. Location of facility producing discharge: Name (If different from above) Facility Contact Person Street Address or State Road City / Zip Code County Telephone Number 3. Reason for application: MAz. (_-.Ae tN � i�.WKS ZIOT 5u&4Iz �AiLL_ 2.44P ),AIA¢a vN A - 0- . AkL" Dyv 1ED_ (azb) 6 sz Expansion/Modification * f Existing Unpermitted Discharge Renewal New Facility * Please provide a description of the expansion/modification: L_li� WILL E KAGPdPlE ni 5fn1 f3LMON • tV P VAR,00tE 4F'11Y_iJLA77b1V, i7D 4. Description of the existing treatment facilities (list all installed components with capacities): 6. it., v00 6-G0 'DUAL IL TA14..`j ._ DC6iIJ6- -A&'K. Wig PU& ibh'b5.. i W0 51 MD hi Page 1 of 2 Version 6199 �z3 1 46't-A I NPDES MIT APPLICATION - SHORT C D To be filed only by dischargers of 100% domestic wastewater (< 1 MGD flow) 5. Description of wastewater (check all that apply): Type of Facility Generating Wastewater Industrial Commercial Residential School Other Number of Employees Number of Employees Number of Homes Number of Students/Staff Describe the source(s) of wastewater (example: subdivision, mobile home park, etc.): 6. Number of separate wastewater discharge pipes (wastewater outfalls): aj 7. If the facility has multiple discharge outfalls, record the source(s) of wastewater for each outfall: 8. Name of receiving stream(s) (Provide a map showing the exact location of each outfall): I certify that I am familiar with the information contained in the application and that to the best of my knowledge and belief such information is true, complete, and accurate. Printed Name of Person Signing l hli 1 1� 1 TDie6&-izZ Title ture of Applicant I Ma'e Date Signed North Carolina General 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 any recording or monitoring device or method required to be operated or maintained under Article 21 or regulations of the Environmental Management Commission implementing that Article, shall be guilty of a misdemeanor punishable by a fine not to exceed $10,000, or by - imprisonment not to exceed six months, or by both. (18 U.S.C. Section 1001 provides a punishment by a fine of not more than $10,000 or imprisonment not more than 5 years, or both for a similar offense.) Page 2 of 2 Version 6199 0. O / �; — � � � c1 x` �'�'' `��� �s h •, , f to � ,' I/� / < <,::: r ����1� ,� � fNI \, vI �I _ -- ;� l=^�" ,•_li t4 _ j / I / r 126 / -- •t• .,\.1� i ,-„\; •�; cis' .• :� _ s,-�—. '._�� �� j ._- _ ��" ��` � ;\: -•�.• •I 1 ;/ i' 3�nJ O^`;i==��i-"%t'i" ... .. ./_� _ '- •``err, 1\ t ,�. o McDowell County Schools - —��1 - r i - -. Nebo Elementary NC0067148,9 Aar'rds*Ctiavcl .1 y /�'. i \ •`; _ ' .t r �� I' .< .. / ���.) J ../ -- It's• \ '"� _ 11 .'�. ZO. �•. - IL •�` __ _ J ail- i ). - , 70,,:' . c. fl -- /.; ... / � •i'-�7r, dry:! •._J . ,ll°�i- '^/. ---, _-- �` 'JC•`Jll ( �',I f ' �r-•'- - • �_ -- ;/boo. - — I _ r-• _ .. ., � � � is . Latitude: 35" 42' 58- Longitude: 82"55'35 • Quad 9 E t I NW 'Stream Class: C `ubbasin: 3083O ceivinu -Stream: i IT Shadrick Creek NCO067148 McDowell County Schools Nebo Elementary School Facility Location NDrg-v SCALE 1 :24000 b 4: Waierl�es�uric �Nwtabo-t�,�,fgaa: �xu��Er-r Certified Mail # 7014 0510 0000 4466 1094 Return Receipt Requested . March 03, 2016 Garvin Trinks McDowell County Schools 709 Sugar Hill Rd Marion, NC 28752 -PAT,*- Ikt �C CDR �itdFSr7iQ," D"039ALIi �AILi)ER= 3 A,kit.T SUBJECT: Notice of Violation and Assessment of Civil Penalty for Violations of North Carolina General Statute (G.S.) 143-215.l(a)(6) and NPDES WW Permit No. NCO067148 McDowell County Schools Nebo Elementary School WWTP Case No. LV-2016-0062 McDowell County Dear Permittee: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $408.22 ($250.00 civil penalty + $158.22 enforcement costs) against McDowell County Schools. This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report (DMR) submitted by McDowell County Schools for the month of May 2015. 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. NC0067148. The violations, which occurred in May 2015, are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that McDowell County Schools violated the terms, conditions or requirements of NPDES WW Permit No. NCO067148 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 County Schools: State of North Carolina I Environmental Quality I Water Resources 2090 U.S. 70 Highway, Swannanoa, NC 28778 828-296-4500 0 $250.00 1 of the 1 violations of 143-215.1(a)(6) and Permit No.N00067148, by discharging waste water into the waters of the State in violation of the Permit Monthly Average for NH3-N - Conc. $250.00 TOTAL CIVIL PENALTY $158.22 Enforcement Costs $408.22 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) 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 �i 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: (919) 733-2698 Fax: (919) 733-3478 One (1) copy of the petition must also be served on DEQ as follows: Mr. Sam M. Hayes, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, North Carolina 27699-1601 Please indicate the case number (as found on page one of this letter) on the petition. Failure to exercise one of the options above within thirty (30) days of receipt of this letter, as evidenced by an internal date/time received stamp (not a postmark), will result in this matter being referred to the Attorney General's Office for collection of the penalty through a civil action. Please be advised that additional penalties may be assessed for violations that occur after the review period of this assessment. If you have any questions, please contact Janet Cantwell with the Division of Water Resources staff of the Asheville Regional Office at (828) 296-4667 or via email atjanct.cantwell@ncdenr.gov. Sincerely, G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDEQ ATTACHMENTS C : WQS Ashev"11- Regional Mtce E',III All nf it e NPDES Compliance/Enforcement Unit - Enforcement File James & James Environmental/ ORC G^.1d•R`,bi'gl�icl)rnvelltb4astewatcr`aiinarclNebu School 673718'4.V ?P16-0001riY JUSTIFICATION FOR REMISSION REQUEST Case Number: LV-2016-0062 County: McDowell Assessed Party: McDowell County Schools / Nebo Elementary Permit No.: NC0067148 Amount Assessed: $408.22 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 I 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. 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 ENVIRONMENTAL QUALITY COUNTY OF MCDOWELL IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND ). STIPULATION OF FACTS McDowell County Schools ) Nebo Elementary School. WWTP ) PERMIT NO. NCO067148 1 CASE NO. LV-2016-0062 Having been assessed civil penalties totaling $408.22 for violation(s) as set forth in the assessment document of the Division of Water Resources dated March 03, 2016, the undersigned, desiring to seek remission of the civil penalty, does hereby waive the right to an administrative hearing in the above -stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the Director of the Division of Water Resources within thirty (30) days of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after (30) days from the receipt of the notice of assessment. This the day of ADDRESS TELEPHONE SIGNATURE 20 ATTACHMENT A McDowell County Schools CASE NUMBER: LV-2016-0062 PERMIT: NCO067148 FACILITY: Nebo Elementary School WWTP COUNTY: McDowell REGION: Asheville - Limit Violations MONITORING OUTFALL / VIOLATION UNIT OF' CALCULATED % OVER PENALTY REPORT PPI LOCATION PARAMETER DATE FREQUENCY MEASURE LIMIT VALUE LIMIT VIOLATION TYPE $250.00 5-2015 001 Effluent NH3-N - Conc 5/31/15 Monthly mg/I 14.40 18.90 31.4 Monthly Average Exceeded 1 DIVISION OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT (File) Violator: McDowell County Schools Facility Name: Nebo Elementary School WWTP Permit Number: NCO067148 County: McDowell Case Number: LV-2016-0062 ASSESSMENT FACTORS 1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation; All effluent violations may be detrimental to the receiving stream but may not be immediately quantified. 2) The duration and gravity of the violation; One Monthly Average Ammonia Nitrogen exceeded the permit limit by 31.38%. 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 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 also 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 assessments in the year prior to this assessment. 8) The cost to the State of the enforcement procedures. $158.22 Z k i, Date G. Landon Davidson, P.G., Re-ienal-Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDEQ NPDES PERMIT NO' NCO067148 DISCHARGE NO. 001 MONTH MAY YEAR 2015 FACILITY NAME NEBO ELEMENTARY CLASS I 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. 999739 PERSON(S) COLLECTING SAMPLES ROBERT ROWE ORC PHONE 828-697-0063 CHECK BOX IF ORC HAS CHANGED NO FLOW / DISCHARGE FROM SITE Mail ORIGINAL and ONE COPY to: ATTN: CENTRAL FILES DIVISION OF WATER QUALITY 1617 MAIL SERVICE CENTER RALEIGH, NC 27699-1617 BY THIS SIGNATURE, I CERTIFY THAT THIS REPORT IS ACCURATE AND COMPLETE TO THE BEST OF MY KNOWLEDGE. 111 1 11�11 11.1 11 1 I1. I 11 1 ®' ' • Mal EM 1 1 © ®M 1 1 11 1 . , o000000o■�®�r�®®� 1 1 DWQ Form MR-1 (11104) r///e -4 v - 00�� Facility Status: (Please check one of the following) ' All monitoring data and sampling frequencies meet permit requirements (including weekly averages, if applicable) Fx� Compliant All monitoring data and sampling frequencies do NOT meet permit requirement E] Noncompliant The permittee shall report to the Director or the appropriate Regional Office any noncompliance that potentially threatens pub' eq flhe 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 fines and imprisonment for knowing violations." McDOWELL COUNTY SCHOOLS Permittee (Please print or type) WMALMAN submitted electronically) 6/19/2015 2107 SUGAR HILL RD. MARION, NC 28752 828-697-0063 12-31-2014 Permittee Address Phone Number - e-mail address Permit Expiration Date ADDITIONAL CERTIFIED LABORATORIES Certified Laboratory (2) Certification No. Certified Laboratory (3) Certification No. Certified Laboratory (4) Certification No. Certified Laboratory (5) Certification No. PARAMETER CODES Parameter Code assistance may be obtained by calling the NPDES Unit at (919) 807-6300 or by visiting http://portal.ncdenr.org/web/wq/swp/ps/npdes/appforms. Use only units of measurement designated in the reporting facility's NPDES permit for reporting data. " 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). PAT MCCRORY Governor DONALD R. VAN DER VAART Water Resources ENVIRONMENTAL QUALITY March 29, 2016 Garvin Trinks McDowell County Schools 709 Sugar Hill Road Marion, NC 28752 Subject: Payment Acknowledgement Nebo Elementary School WWTP Permit Number: NCO067148 Case Number: LV-2016-0062 McDowell County Dear Permittee: Secretary S. JAY ZIMMERMAN Director Division of 1,Vater Resources J d APR - 4 2016 k Water OUalitV Req.ional ODerations --�sherilie Fi(( �qionai Office This letter is to acknowledge receipt of payment in the amount of $408.22 received from you dated March 28, 2016. This payment satisfies in full the above civil assessment (s) levied against the subject facility, and this case has been closed. Payment of this penalty in no way precludes future action by this Division for additional violations of the applicable Statues, Regulations, or Permits. If you have any questions, please contact Wren Thedford at 919-807-6304. Sincerely, W fret-, Ttit AJ26-ro. Wren Thedford Wastewater Branch cc: Central Files l*ffilce i State of North Carolina I Environmental Quality I Water Resources 1617 Mail service Center I Raleigh, North Carolina 27699-1617 919 807-6300 f JAMES & JAMES ENVIRONMENTAL fd�t,PO BOX 519, MOUNTAINHOME,\� % . • . W;5 FAX February 10, 2016 Surface Water Protection Section Asheville Regional Office 2090 U.S. Highway 70 Swannanoa, NC 28778 RE: Nebo Elementary School WWTP; McDowell County Schools NPDES Permit No. NCO067148 NOV-2016-LV-0071 Dear Mr. Davidson, This letter is in reference to the NOV received by Garvin Trinks, McDowell County Schools on February 3, 2016 dated February 2, 2016. The NOV is with regard to Ammonia Nitrogen results exceeding the monthly average for the month of May, 2015. This system is a two sand bed system operated as parallel system. The first bed in the parallel system began to fail, and, in consultation with the engineer, determined that this bed had to be rebuilt. The system was carefully operated until the school year closed in early June. At this time this bed was rebuilt with new gravel and sand. The facility has operated properly since that time. We would appreciate consideration of any fines that may be forthcoming. The school system invested the funds necessary to bring the sand bed into compliance in the time frame that would be the safest for the children on site. With highest regards, I am Very truly yours, -F'v2 Juanita James Fa(GL---IVr-- D Division of Water Resources €B 16 2016 Water Quality Regional Operations Asheville Fir-jane1 C.iiic;:,. -- Certified Mail # 7014 0510 0000 4466 1049 Return Receipt Requested, February 2, 2016 Garvin Trinks McDowell County Schools 709 Sugar Hill Rd Marion, NC 28752 SUBJECT: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY Tracking Number: NOV-2016-LV-0071 Permit No. NCO067148 Nebo Elementary School WVVTP McDowell County Dear Permittee: A review of the May 2015 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 Nitrogen, Ammonia Total (as 5/31/2015 14.4 18.92 Monthly Average Exceeded N) -Concentration (CO610) A Notice of Violation/Intent to Issue Civil Penalty is being issued for the-n6ted 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 (191 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. Additionally and if you have not already done so, you may wish to consider registering to use the Division's new e-DMR system for the completion and electronic submittal of monthly Discharge Monitoring Reports (DMRs). For more information, please visit the eDMR Website at the following address: http://p-ortal.ncdenr.org/we--b/­wgLadmin/­b_o_q/il)u/­edmr. 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 4 James:& JamesEnvironmental/ ORC G:\wR\%NQ\McDowell\VVastewater\Minors\Nebo School 67148\N0V-NOI.2016-LV-0071Af EnterNerify Violations .mm LinutUiolations : 4onitoringViolations Reporting Violations OtherUiolations Permit: NCO067148 Details... SOC: AD: I etorfN..: Monitoring Report: (]5-2415 Details... . Facility. P,NeboElementary School W(TP D`etails... Region: sheville County: ralcDowell Owner McDoWeliCounty Schools tulaintain... Incident: ] Details... Facility Reported As' j Q Compliant ~ O Nan -Compliant O NNotReported ; ®1s signed i Inspect Dt: Details... Report Type: DtJ1R *Outf.. _..._ *Locatron _.. j ,*parameter _. - __ *Date ° � _. , Manu -1 -_..- _ -- - - *Description SOC . Limit 'Calcu...s _ .. Unit ; i °� Over --- --- ; Action 401 Effluent Nitrogen, Am... 05/31/2015 0 rvlonthlyAverage .._._. 14.4 18_92 _.. mgfl 31.388--- 7 III;_ Add Ren't}7ve 4��aterlZesoe�rct�s ENVt110NMENiAL 4UALIT Y Certified Mail # 7014 0510 0000 4466 1094 Return Receipt Requested March 03, 2016 Garvin Trinks McDowell County Schools 709 Sugar Hill Rd Marion, NC 28752 PAT MC.GR;QIRY governor DONALD DER Z'A ARt �afcry 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. NCO067148 McDowell County Schools Nebo Elementary School WWTP Case No. LV-2016-0062 McDowell County Dear Permittee: S. JAY ZIMNIERN AN %72rfG:CF This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $408.22 ($250.00 civil penalty + $158.22 enforcement costs) against McDowell County Schools. This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report (DMR) submitted by McDowell County Schools for the month of May 2015. 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. NC0067148. The violations, which occurred in May 2015, are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that McDowell County Schools violated the terms, conditions or requirements of NPDES WW Permit No. NCO067148 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 County Schools: State of North Carolina I Environmental Quality I Water Resources 2090 U.S. 70 Highway, Swannanoa, NC 28778 828-296-4500 $250.00 1 of the 1 violations of 143-215.1(a)(6) and Permit No.NC0067148, by discharging wastewater into the waters of the State in violation of the Permit Monthly Average for NH3-N - Conc. $250.00 TOTAL CIVIL PENALTY $158.22 Enforcement Costs $408.22 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.I(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. 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 (3 O) dys 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 § 15013-23.2) is received in the Office of Administrative Hearings within seven (7) business days following the faxed or electronic transmission. You should contact the Office of Administrative Hearings with all questions regarding the filing fee and/or the details of the filing process. The mailing address and telephone and fax numbers for the Office of Administrative Hearings are as follows: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 Tel: (919) 733-2698 Fax: (919) 733-3478 One (1) copy of the petition must also be served on DEQ as follows: Mr. Sam M. Hayes, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, North Carolina 27699-1601 Please indicate the case number (as found on page one of this letter) on the petition. Failure to exercise one of the options above within thirty (30) days of receipt of this letter, as evidenced by an internal date/time received stamp (not a postmark), will result in this matter being referred to the Attorney General's Office for collection of the penalty through a civil action. Please be advised that additional penalties may be assessed for violations that occur after the review period of this assessment. If you have any questions, please contact Janet Cantwell with the Division of Water Resources staff of the Asheville Regional Office at (828) 296-4667 or via email atjanet.cantwell@ncdenr.gov. Sincerely, G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDEQ ATTACHMENTS Cc: WQS Asheville Regional Office - Enforcement File NPDES Compliance/Enforcement Unit - Enforcement File James & James Environmental/ ORC G�%VR''.',\'p',.'�icl)o;vell`i%%'arewater•.iiinors`:VehoSch, of071-5'%:L.V= 016-006r, JUSTIFICATION FOR REMISSION REQUEST Case Number: LV-2016-0062 County: McDowell Assessed Party: McDowell County Schools / Nebo Elementary Permit No.: NC0067148 Amount Assessed: $408.22 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 County Schools Nebo Elementary School WWTP PERMIT NO. NCO067148 DEPARTMENT OF ENVIRONMENTAL QUALITY WAIVER OF RIGHT TO AN ADMINISTRATIVE HEARING AND STIPULATION OF FACTS CASE NO. LV-2016-0062 Having been assessed civil penalties totaling $408.22 for violation(s) as set forth in the assessment document of the Division of Water Resources dated March 03, 2016, the undersigned, desiring to seek remission of the civil penalty, does hereby waive the right to an administrative hearing in the above -stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the Director of the Division of Water Resources within thirty (30) days of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after (30) days from the receipt of the notice of assessment. This the day of ADDRESS TELEPHONE SIGNATURE PTO ATTACHMENT A McDowell County Schools CASE NUMBER: LV-2016-0062 PERMIT: NCO067148 FACILITY: Nebo Elementary School WWTP COUNTY: McDowell REGION: Asheville Limit Violations MONITORING OUTFALL / VIOLATION UNIT OF CALCULATED % OVER PENALTY REPORT PPI LOCATION PARAMETER DATE FREQUENCY MEASURE LIMIT VALUE LIMIT VIOLATION TYPE $250.00 5-2015 001 Effluent NH3-N - Conc 5/31/15 Monthly mg/I 14.40 18.90 31.4 Monthly Average Exceeded NPDES PERMIT NO. NCO067148 DISCHARGE NO. 001 MONTH MAY YEAR 2015 FACILITY NAME NEBO ELEMENTARY CLASS 1 COUNTY MCDOWELL CERTIFIED LABORATORY (1) JAMES & JAMES ENVIRONMENTAL MGT., ZINC. CERTIFICATION NO. 432 (list additional laboratories on the backside/page 2 of this form) OPERATOR IN RESPONSIBLE CHARGE (ORC) ROBERT ROWE GRADE II CERTIFICATION NO. 999739 PERSON(S) COLLECTING SAMPLES ROBERT ROWE ORC PHONE 828-697-0063 CHECK BOX IF ORC HAS CHANGED NO FLOW / DISCHARGE FROM SITE Mail ORIGINAL and ONE COPY to AM: CENTRAL FILES DIVISION OF WATER QUALITY 1617 MAIL SERVICE CENTER RALEIGH, NC 27699-1617 BY THIS SIGNATURE, I CERTIFY THAT THIS REPORT IS ACCURATE AND COMPLETE TO THE BEST OF MY KNOWLEDGE. II I 111 1 11•II II.1 II 1 11. 1 11 1 ®' ' ©_ 111 lial ©m 1 1 1 11 • ' '®' ®®®' ' ®��___���� EMI I ®m I 1 © E I:1 1 I © DWQ Farm MR-1 (11/W) _ �oY -rv/e AW 7,016 -4v - 00-T/ /OF/A> ti Facility Status: (Please check one of the following) All monitoring data and sampling frequencies meet permit requirements (including weekly averages, if applicable) FX I Compliant All monitoring data and sampling frequencies do NOT meet permit requirement Noncompliant The permittee shall report to the Director or the appropriate Regional Office any noncompliance that potentially threatens puhla ea tbof1The 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 fines and imprisonment for knowing violations." McDOWELL COUNTY SCHOOLS Permittee (Please print or type) of submitted electronically) Date 6/19/2015 2107 SUGAR HILL RD. MARION, NC 28752 828-697-0063 12-31-2014 Permittee Address - Phone Number e-mail address Permit Expiration Date ADDITIONAL CERTIFIED LABORATORIES Certified Laboratory (2) Certification No. Certified Laboratory (3) Certification No. Certified Laboratory (4) Certification No. Certified Laboratory (5) Certification No. PARAMETER CODES Parameter Code assistance may be obtained by calling the NPDES Unit at (919) 807-6300 or by visiting http://portal.ncdenr.org/weblwq/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). DIVISION OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT (File) Violator: McDowell County Schools Facility Name: Nebo Elementary School WWTP Permit Number: NCO067148 County: McDowell Case Number: LV-2016-0062 ASSESSMENT FACTORS 1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation; All effluent violations may be detrimental to the receiving stream but may not be immediately quantified. 2) The duration and gravity of the violation; One Monthly Average Ammonia Nitrogen exceeded the permit limit by 31.38%. 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 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 also 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 assessments in the year prior to this assessment. 8) The cost to the State of the enforcement procedures. $158.22 Date G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDEQ ��er�Sesiutc�s .. �NYfitO@(Mf�l'E.e4L, QLiktit`tt` Certified Mail ## 7014 0510 0000 4466 1049 Return Receipt Requested February 2, 2016 Garvin Trinks McDowell County Schools 709 Sugar Hill Rd Marion, NC 28752 Pt1T XiO_;ORORY` Gmsrndr D©13'r9iL It: '� AN D_ER,'A'i33. SUBJECT: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY Tracking Number: NOV-2016-LV-0071 Permit No. NCO067148 Nebo Elementary School WWTP McDowell County - Dear Permittee: S SAY ZIIt N..ERIvY,�l`( Du�ior A review of the May 2015 Discharge Monitoring Report (DMR) for the subject facility revealed the violation(s) indicated below: Limit Exceedance Violation(s): Sample Location Parameter Limit Reported Date Value Value Type of Violation 001 Effluent Nitrogen, Ammonia Total (as 5/31/2015 14.4 18.92 Monthly Average Exceeded N) - Concentration (C0610) 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. y 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. Additionally and if you have not already done so, you may wish to consider registering to use the Division's new e-DMR system for the completion and electronic submittal of monthly Discharge Monitoring Reports (DMRs). For more information, please visit the eDMR Website at the following address: http://r)ortal.ncdenr.ora/web/wg/admin/bog/ipu/edmr. 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:'8WQrS'�A�shevill'e-!�Region-al,,.Offices Enfo.rcem.ent.@Ien �.�� NPDES Compliance/Enforcement Unit - Enforcement File James & James Environmental/ ORC G:\WR\WQ\McDowell\Wastewater\Minors\Nebo School 67148\N0V-N0I-2016-LV-0071.rtf K; T+�cterRes�otri�c�s ENV4RONMEN, AL 00ALlTY Certified Mail # 7014 0510 0000 4466 1049 Return Receipt Requested February 2, 2016 Garvin Trinks McDowell County Schools 709 Sugar Hill.Rd Marion, NC 28752 PAT :iICCRORY: Gv.fltn�r D'ONALIX R-.:'VANDER:; ti', kAkT SUBJECT: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY Tracking Number: NOV-2016-LV-0071 Permit No. NCO067148 Nebo Elementary School WWTP McDowell County Dear Permittee: 'Zi0gary `.S. JAY ZIlv1N1.EN1AN rltt6�SOt A review of the May 2015 Discharge Monitoring Report (DMR) for the subject facility revealed the violation(s) indicated below: Limit Exceedance Violation(s): Sample Location Parameter Limit Reported Date Value Value Type of Violation 001 Effluent Nitrogen, Ammonia Total (as 5/31/2015 14.4 18.92 Monthly Average Exceeded N) - Concentration (C0610) 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. Additionally and if you have not already done so, you may wish to consider registering to use the Division's new e-DMR system for the completion and electronic submittal of monthly Discharge Monitoring Reports (DMRs). For more information, please visit the eDMR Website at the following address: http://portal.ncdenr.org/web/wq/admin/bog/il)u/edmr. 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 James & James Environmental/ ORC G:\lNR\WQ\McDowell\Wastewater\Minors\Nebo School 67148\NOV-NOI-2016-LV-0071.rtf N James & James Environmental Management, Inc. PO BOX 519, MOUNTAIN HOME, NC 28759 (828) 697-N63 OFFICE (828) 697-0065 FAX July 01, 2016 Water Quality Operations Center U.S. Highway 70 Asheville Regional Office Asheville, NC 28778 RE: -McDowell City Schools Nebo Elementary NPDES Permit No. NCO075353 ,,��-2016-LV-0104 Dear Mr. Davidson, RECE1VEMCDEWWR JUL 18 2016 Water duality Permitting section r This letter is in response to the NOV dated June 1, 2016 for the above referenced facility. It is with regard to the Ammonia Nitrogen violation. Nebo Elementary is an excellent operating sand bed system. The maintenance department of McDowell County School System in conjunction with the James and James personnel work endlessly to maintain this system. During the month of this infraction, it was determined that a main header line on bed number one (1) had ruptured, short-circuiting the bed. It took several days for this to become apparent. The bed was taken off line for the repair which happened in a timely manner. Soda ash was added to both the upstream septic -tank and the pump tank to combat the Ammonia Nitrogen levels. The system quickly regained and has maintained compliance_ The sand bed number one was placed back on line upon completion of the repairs. We would appreciate any consideration available for the reduction or elimination of this fine. With regards, QLuk-ao- d)a0-V-e'0 Juanita James V, STATE OF NORTH CAROLINA COUNTY OF MCDOWELL IN THE MATTER OF ASSESSMENT OF CIVIL PENALTIES AGAINST McDowell County Schools . Nebo Elementary School WWTP PERMIT NO. NCO067148 DEPARTMENT OF ENVIRONMENTAL QUALITY WAIVER OF RIGHT TO AN ADM]NISTRATIVE HEARING AND STIPULATION OFFACTS CASE NO. LV-2016-0104 Having been assessed civil penalties totaling 3$ 63.93 for violations) as set forth in the assessment document of the Division of Water Resources dated June 01.2016, the undersigned, desiring to seek remission .of the civil penalty, does hereby waive the right to an administrative hearing in the above -stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands'that all evidence presented in support of remission of this civil penalty must be submitted to the Director of the Division of Water Resources within thirty (30) days of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after (30) days from the receipt of the notice of assessment. This the �� day of .20 'SIGNATURE ADDRESS TELEPHONE 0 al ffs0.� JUSTIFICATION FOR REMISSION REQUEST Case Number: LV-2016-0104 County: McDowell Assessed Party: McDowell County Schools --Nebo Permit No.: NCO067148 Amount Assessed: $363.93 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 S'tapulation 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(0), remission"of a civil penalty maybe granted only when one or more of the following five factors apply. Please check each factor that you believe applies to your case and provide a detailed explanation, including copies of supporting documents, as to why the factor applies (attach additional pages as needed). (a) one or more of the civil penalty assessment factors in N.C.G.S. 143B-282.1(b) were wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil penalty assessment document); (b) the violator promptly abated continuing environmental damage resulting from the violation (i.e., explain the steps that you took to correct the violation and prevent future occurrences); (c) the violation was inadvertent or a result of an accident (i.e., explain why the violation was unavoidable or something you could not prevent or prepare for); (d) the violator had not been assessed civil penalties for any previous violations; (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions (i.e., explain how payment of the civil penalty will prevent you from performing the activities necessary to achieve compliance). EXI:_'LANATION: -� o n,� � cctj& &no --A James & James Environmental Management, Inc. PO BOX 519, MOUNTAIN HOME, NC 28758 (828) 697-0063 OFFICE (828) 697-0065 FAX `X . IR July 01, 2016 Water Quality Operations Center U.S. Highway 70 Asheville Regional Office Asheville, NC 28778 RE: McDowell City Schools Nebo Elementary NPDES Permit No. NCO075353 Dear Mr. Davidson, LV, 2016 - o /dy This letter is in response to the NOV dated June 1, 2016 for the above referenced facility. It is with regard to the Ammonia Nitrogen violation. Nebo Elementary is an excellent operating sand bed system. The maintenance department of McDowell County School System in conjunction with the James and James personnel work endlessly to maintain this system. During the month of this infraction, it was determined that a main header line on bed number one (1) had ruptured, short-circuiting the bed. It took several days for this to become apparent. The bed was taken off line for the repair which happened in a timely manner. Soda ash was added to both the upstream septic tank and the pump tank to combat the Ammonia Nitrogen levels. The system quickly regained and has maintained compliance. The sand bed number one was placed back on line upon completion of the repairs. We would appreciate any consideration available for the reduction or elimination of this fine. With regards, Q&,x,to- ( j Juanita James oivisREC 6 VEources JUL 1 1 2A Water QualltY Regional operations Ashe,riHe RegionLI Office w_„ JUSTIFICATION FOR REMISSION REQUEST Case Number: LV-2016-0104 County: McDowell Assessed Party: McDowell County Schools --Nebo Permit No.: NC0067148 Amount Assessed: $363.93 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. 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: V" Om a -WO 6V-J STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY COUNTY OF MCDOWELL IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND STIPULATION OF FACTS McDowell County Schools ) Nebo Elementary School WWTP ) PERMIT NO. NCO067148 ) CASE NO. LV-2016-0104 Having been assessed civil penalties totaling'$363.93 for violation(s) as set forth in the assessment document of the Division of Water Resources dated June 01, 2016, 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 6iL, 2��l✓% , 20 GNATURE ADDRESS :DID y 66 TELEPHONE �tdut�d+t�+larrt`,��. ca�aE; tY}° Certified Mail # 7012 1010 00021965 5785 Return Receipt Requested June 01, 2016 Garvin Trinks McDowell County Schools 709 Sugar Hill Rd Marion, NC 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 WW Permit No. NCO067148 McDowell County Schools Nebo Elementary School WWTP Case No. LV-2016-0104 McDowell County Dear Permittee: This letter transmits.a Notice of Violation and assessment of civil penalty in the amount of $363.93 ($250.00 civil penalty + $113.93 enforcement costs) against McDowell County Schools. This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report (DMR) submitted by McDowell County Schools for the month of October 2015. 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. NC0067148. The violations, which occurred in October 2015, are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that McDowell County Schools violated the terms, conditions or requirements of NPDES WW Permit No. NCO067148 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 County Schools: State of North Carolina I Environmental Quality I Water Resources 2090 U.S. 70 Highway, Swannanoa, NC 28778 828-2964500 $250.00 1 of the 1 violations of 143-215.1(a)(6) and Permit No.NC0067148, by discharging wastewater into the waters of the State in violation of the Permit Monthly Average for NH3-N - Conc. $250.00 TOTAL C1VIIL PENALTY $113.93 Enforcement Costs $363.93 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. I (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 1 a 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 thirly (30) days of receipt of this notice. The Division of Water Resources also requests that you complete and submit the enclosed "Justification for Remission Request." Both forms should be submitted to the following address: Wastewater Branch Division of Water Resources 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Option 3 File.a petition for an administrative hearinll 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: (919) 733-2698 Fax: (919) 733-3478 One (1) copy of the petition must also be served on DEQ as follows: Mr. Sam M. Hayes, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, North Carolina 27699-1601 Please indicate the case number (as found on page one of this letter) on the petition. Failure to exercise one of the options above within thirty (30) days of receipt of this letter, as evidenced by an internal date/time received stamp (not a postmark), will result in this matter being referred to the Attorney General's Office for collection of the penalty through a civil action. Please be advised that additional penalties may be assessed for violations that occur after the review period of this assessment. If you have any questions, please contact Janet Cantwell with the Division of Water Resources staff of the Asheville Regional Office at (828) 296-4667 or via email atjanet.cantwell@ncdenr.gov. Sincerely, G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDEQ ATTACHMENTS Cc: WQS Asheville Regional Office - Enforcement File NPDES Compliance/Enforcement Unit - Enforcement File James & James Environmental/ ORC G::�VR1NQ'v`Tcf)ouellF�Vastcwater.biinorci� abo School 671-3 L4=2016-0104.rtf i .. / . I AV � Reporting VrolatEons Cither Violdons Lirrtit'Vlolatiorr tvtonitonn Violations 71 Permit NC0,067148 betaAs_,. SOC �?D:, .- et El „ tv1onitoring Report 10- 015 Details.. Facilt7,: �lebo ElementaryScht�ol STP Details.,: Region; she�rille County: ttcDaVell Owner. Schools [,laintain.:. Incident Inspect:: Dt=[TEE] Facility Reported As. i C) Compliant �� N6n-.CompJ!ant sf ?_Not Reported � is signed. Report Type: .�Outf..., Location *Param er *Date A1'anudl , 'C scription HOC `Lirnit *G31cu.:; Unit ' Ovr r Actioh " 001 Effluent M1litrogen, Am__ 10131/2015 � lVIonthly Average... [] 14.4 ._ 19.15 ._ mgil 32.986_.. � I,Wfiat f�I.t U.. lnitiateINICT'... ,,, ent... isiix tm r t n ... . Recal�_,ulate C,t➢P.... fniticCp Enfof.ce l� e e 3aA;Fy R___ *` Held Fsrti Cancel , 1 Limit alatiaq found. Rea + i,...;. IISID. VL'LP 0 Certified Mail # 7012 1010 0002 1965 5785 Return Receipt Requested June 01, 2016 Garvin Trinks McDowell County Schools 709 Sugar Hill Rd Marion, NC 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 WW Permit No. NCO067148 McDowell County Schools Nebo Elementary School WWTP Case No. LV-2016-0104 McDowell County Dear Permittee: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $363.93 ($250.00 civil penalty + $113.93 enforcement costs) against McDowell County Schools. This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report (DMR) submitted by McDowell County Schools for the month of October 2015. 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. NC0067148. The violations, which occurred in October 2015, are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that McDowell County Schools violated the terms, conditions or requirements of NPDES WW Permit No. NCO067148 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 County Schools: State of North Carolina I Environmental Quality I Water Resources 2090 U.S. 70 Highway, Swannanoa, NC 28778 828-296-4500 $250.00 1 of the 1 violations of 1y43-215.1(a)(6) and Permit NO.NC0067148, by discharging wastewater into the waters of the State in violation of the Permit Monthly Average for NH3-N - Conc. $250.00 TOTAL CIVIL PENALTY $113.93 Enforcement Costs $363.93 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 thiAy 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 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: (919) 733-2698 Fax: (919) 733-3478 One (1) copy of the petition must also be served on DEQ as follows: Mr. Sam M. Hayes, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, North Carolina 27699-1601 Please indicate the case number (as found on page one of this letter) on the petition. Failure to exercise one of the options above within thirty (30) days of receipt of this letter, as evidenced by an internal date/time received stamp (not a postmark), will result in this matter being referred to the Attorney General's Office for collection of the penalty through a civil action. Please be advised that additional penalties may be assessed for violations that occur after the review period of this assessment. If you have any questions, please contact Janet Cantwell with the Division of Water Resources staff of the Asheville Regional Office at (828) 296-4667 or via email atjanet.cantwell@ncdenr.gov. Sincerely, G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDEQ ATTACHMENTS Cc:—zzr--WQS Aslievihe Regional Office - Enforcement File NPDES Compliance/Enforcement Unit - Enforcement File James & James Environmental/ ORC Cr?.bVR4R'0'.�icl7owe11''dt'astewater`.tiii nors�Ne6o School P14V V 3016-0104.rtf JUSTIFICATION FOR REMISSION REQUEST Case Number: LV-2016-0104 County: McDowell Assessed Party: McDowell County Schools --Nebo Permit No.: NCO067148 Amount Assessed: $363.93 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. 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 County Schools Nebo Elementary School WWTP PERMIT NO. NCO067148 DEPARTMENT OF ENVIRONMENTAL QUALITY WAIVER OF RIGHT TO AN ADMINISTRATIVE HEARING AND STIPULATION OF FACTS CASE NO. LV-2016-0104 Having been assessed civil penalties totaling $363.93 for violation(s) as set forth in the assessment document of the Division of Water Resources dated June 01, 2016, 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 .120 SIGNATURE ADDRESS TELEPHONE ATTACHMENT A McDowell County Schools CASE NUMBER: LV-2016-0104 PERMIT: NCO067148 REGION: Asheville FACILITY: Nebo Elementary School WWTP COUNTY: McDowell LIMIT VIOLATION(S) SAMPLE LOCATION: Outfall 001 - Effluent Violation Report Unit of Limit Calculated % Over Violation Penalty Date Month/Yr Parameter Frequency Measure Value Value Limit Type Amount 10/31/2015 10-2015 Nitrogen, Ammonia Monthly mg/I 14.40 19.20 33.0 Monthly $250.00 Total (as N) - Average Concentration Exceeded DIVISION OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT Violator: McDowell County Schools Facility Name: Nebo Elementary School WWTP Permit Number: NCO067148 County: McDowell Case Number: LV-2016-0104 ASSESSMENT FACTORS 1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation; All effluent violations may be detrimental to the receiving stream but may not be immediately quantified. 2) The duration and gravity of the violation; One Monthly Average Ammonia Nitrogen exceeded the permit limit by 32.98%. 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 and additional aeration. It would also include more operating and maintenance time on site and the cost of additional chemical treatment. The amount of money saved would include the cost of collection of the additional samples and the cost of analyzing them at a certified lab. 6) Whether the violation was committed willfully or intentionally; It does not appear to be either. 7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and There has been one civil penalty enforcement in the twelve months prior to this violation. 8) The cost to the State of the enforcement procedures. $113.93. Date G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDEQ ,NPDES PERMIT NO. NCO067148 DISCHARGE NO. 001 MONTH OCTOBER YEAR 2015 FACILITY NAME NEBO ELEMENTARY CLASS 1 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. 999739 PERSON(S) COLLECTING SAMPLES ROBERT ROWE ORC PHONE 828-697-0063 �d� y CREcx ROX IF ORC HAS CHANGED ;3...� 1) NO FLOW / DISCHARGE FROM SITE k Mail ORIGINAL and ONE COPY to: u, , F`'C b r rIS ATTN: CENTRAL FILES DIVISION OF WATER QUALITY 1617 MAIL SERVICE CENTER RALEIGH, NC 27699-1617 BY THIS SIGNATURE, I CERTIFY THAT THIS REPORT IS ACCURATE AND COMPLETE TO THE BEST OF MY KNOWLEDGE. 11 I 111 1 I1�11 11,1 II 1 I 11 I ®' ' r11, DWQ Form MR-1(I U04) ,,cos n/o v mil -�� A/a 9�� .� ✓- Facility Status: (Please check one of the following) All monitoring data and sampling frequencies meet permit requirements (including weekly averages, if applicable) El Compliant All monitoring data and sampling frequencies do NOT meet permit requirements FTI 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 1LE.6 of the NPDES permit. "I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted, Based on my inquiry of the person or persons who managed the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations." McDOWELL COUNTY SCHOOLS Permittee (Please print or type) 11 /20/2015 unless submitted electronically) 2107 SUGAR HILL RD. MARION, NC 28752 828-697-0063 12-31-2014 Permittee Address Phone Number e-mail address Permit Expiration Date Certified Laboratory (2) Certified Laboratory (3) Certified Laboratory (4) Certified Laboratory (5) ADDITIONAL CERTIFIED LABORATORIES PARAMETER CODES Certification No. Certification No. Certification No. Certification No. Parameter Code assistance may be obtained by calling the NPDES Unit at (919) 807-6300 or by visiting http•.//portal.ncdenr.org/weblwq/swptpstupdestappforms. 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). JAMES & JAMES ENVIRONMENTAL MANAGEMENT, INC PO BOX 519, MOUNTAIN HOME, NC 28758 (828) 697-0063 OFFICE (828) 697-0065 FAX October, 2015 Client: McDowell County Schools, Nebo Elementary NPDES PERMIT NUMBER: NCO067148 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: Ammonia Nitrogen Monthly average 15.9 mg/1 This did not give a daily maximum violation but did give a monthly average violation. We anticipate that the increased Ammonia Nitrogen was due to the rebuilt bed growing the bacteria to be able to accommodate the waste stream entering the facility. We began adding Soda Ash to the in line holding tank prior to the sand beds to increase the pH and assist with the nitrogen cycle. The last two results were compliant and reveal that this process is working properly. You may get a monetary fine for this month. Please find enclosed a copy of the Discharge Monitoring Report (DMR) for last month. This report and one copy have been sent to the State on your behalf. Please place this report in your file for future reference. Thank you for choosing James & James as your service company. ank you, f �tl-fL' ,117Z1�J J anita James DIVISION OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT Violator: McDowell County Schools Facility Name: Nebo Elementary School WWTP Permit Number: NCO067148 County: McDowell Case Number: LV-2016-0104 ASSESSMENT FACTORS 1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation; All effluent violations may be detrimental to the receiving stream but may not be immediately quantified. 2) The duration and gravity of the violation; One Monthly Average Ammonia Nitrogen exceeded the permit limit by 32.98%. 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 and additional aeration. It would also include more operating and maintenance time on site and the cost of additional chemical treatment. The amount of money saved would include the cost of collection of the additional samples and the cost of analyzing them at a certified lab. 6) Whether the violation was committed willfully or intentionally; It does not appear to be either. 7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and There has been one civil penalty enforcement in the twelve months prior to this violation. 8) The cost to the State of the enforcement procedures. $113.93. Date G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDEQ FYerterltesbeirce� EN` IA.bd lMEltilLdP. ►7r Certified Mail # 7012 1010 0002 1965 5785 Return Receipt Requested June 01, 2016 Garvin Trinks McDowell County Schools 709 Sugar Hill Rd Marion, NC 28752 Pr1T-MCC-RQRi?` Gen:arnoP D4NALD R Z q IER,�tARi %Serae*.r�° 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. NCO067148 McDowell County Schools Nebo Elementary School WWTP Case No. LV-2016-0104 McDowell County Dear Permittee: �_ J4Y':'�YMIvIER1VTAIV 2+'S2GtOF This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $363.93 ($250.00 civil penalty + $113.93 enforcement costs) against McDowell County Schools. This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report (DMR) submitted by McDowell County Schools for the month of October 2015. 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. NC0067148. The violations, which occurred in October 2015, are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that McDowell County Schools violated the terms, conditions or requirements of NPDES WW Permit No. NCO067148 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 County Schools: State of North Carolina I Environmental Quality I Water Resources 2090 U.S. 70 Highway, Swannanoa, NC 28778 828-296-4500 $250.00 1 of the 1 violations of 143-215.1(a)(6) and Permit No.NC0067148, by discharging wastewater into the waters of the State in violation of the Permit Monthly Average for NH3-N - Conc. $250.00 TOTAL CIVIL PENALTY $113.93 Enforcement Costs $363.93 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 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: 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 §15013-23.2) is received in the Office of Administrative Hearings within seven (7) business days following the faxed or electronic transmission. You should contact the Office of Administrative Hearings with all questions regarding the filing fee and/or the details of the filing process. The mailing address and telephone and fax numbers for the Office of Administrative Hearings are as follows: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 Tel: (919) 733-2698 Fax: (919) 733-3478 One (1) copy of the petition must also be served on DEQ as follows: Mr. Sam M. Hayes, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, North Carolina 27699-1601 Please indicate the case number (as found on page one of this letter) on the petition. Failure to exercise one of the options above within thirty (30) days of receipt of this letter, as evidenced by an internal date/time received stamp (not a postmark), will result in this matter being referred to the Attorney General's Office for collection of the penalty through a civil action. Please be advised that additional penalties may be assessed for violations that occur after the review period of this assessment. If you have any questions, please contact Janet Cantwell with the Division of Water Resources staff of the Asheville Regional Office at (828) 296-4667 or via email atianet.cantwell@ncdenr.gov. Sincerely, G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDEQ ATTACHMENTS Cc: WQS Asheville Regional Office - Enforcement File NPDES Compliance/Enforcement Unit - Enforcement File James & James Environmental/ ORC G\R'R:�VQ'.�fcDoarfl\\1'astewatar:b(inors�.Nebo School 671451:LV-3016-0104 rtf JUSTIFICATION FOR REMISSION REQUEST Case Number: LV-2016-0104 County: McDowell Assessed Party: McDowell County Schools --Nebo Permit No.: NC0067148 Amount Assessed: $363.93 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 County Schools Nebo Elementary School WWTP PERMIT NO. NCO067148 DEPARTMENT OF ENVIRONMENTAL QUALITY WAIVER OF RIGHT TO AN ADMINISTRATIVE HEARING AND STH'ULATION OF FACTS CASE NO. LV-2016-0104 Having been assessed civil penalties totaling $363.93 for violation(s) as set forth in the assessment document of the Division of Water Resources dated June 01, 20163 the undersigned, desiring to seek remission of the civil penalty, does hereby waive the right to an administrative hearing in the above -stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the Director of the Division of Water Resources within thirty (30) days of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after (30) days from the receipt of the notice of assessment. This the day of , 20 SIGNATURE ADDRESS TELEPHONE ATTACHMENT A McDowell County Schools CASE NUMBER: LV-2016-0104 PERMIT: NCO067148 REGION: Asheville FACILITY: Nebo Elementary School WWTP COUNTY: McDowell LIMIT VIOLATION(S) SAMPLE LOCATION: Outfall 001 - Effluent Violation Report Unit of Limit Calculated % Over Violation Penalty Date Month/Yr Parameter Frequency Measure Value Value Limit Type Amount 10/31/2015 10-2015 Nitrogen, Ammonia Monthly mg/1 14.40 19.20 33.0 Monthly $250.00 Total (as N) - Average Concentration Exceeded Permit Enforcement History Details by Owner 6/1/2016 ' 1 Owner: McDowell County Schools Facility : Nebo Elementary School WWTP Permit: NC0067148 Region : Asheville County McDowell Penalty Remission Enf Enf EMC EMC OAH Collection Has Assessment Penalty Enforcement Request Conf Remission Hearing Remission Remission MemoSent Total Balance Pmt Case Case MR Approved Amount Costs Damages Received Held Amount Held Amount Amount To AGO Paid Due Plan Closed Number LV-1992-0043 12/9192 $2,500.00 $167.00 $0.00 12/29/92 3131/93 $1000 $0.00 $0.00 $1,667.00 $0.00 No 9/14/93 LV-2000-0281 7/17/00 $1,000.00 $81.38 $1.081.38 $0.00 No 8/3/00 LV-2001-0231 6/25/01 $2,750.00 $81.38 $2,831.38 $0.00 No 7/26/01 LV-2002-0007 1/7/02 $2,250.00 $81.38 $2,331.38 $0.00 No 1/23/02 LV-2002-0042 2/20/02 $2,500.00 $85.00 $2,585.00 $0.00 No 3/4/02 LV-2002-0097 4/16/02 $1,250.00 $100.00 $1.350.00 $0.00 No 5/10/02 LV-2002-0107 4/22102 $2,500.00 $125.00 $2,625.00 $0.00 No 5/10/02 LV-2002-0108 4/22102 $3,038.00 $135.00 $3,173.00 $0.00 No 5/10/02 LV-2002-0262 7/15/02 $1,813.00 $145.00 $1,958.00 $0.00 No 8/27/02 LV-2002-0326 8/20102 $363.00 $145.00 $508.00 $0.00 No 9/24/02 LM-2011-0036 4-2011 11/17/11 $250.00 $142.00 $392.00 $0.00 No 12/21/11 LV-2016-0062 5-2015 3/2/16 $250.00 $158.22 $408.22 $0.00 No 3/29/16 Total Cases: 12 Total Penalty Amount: $20,464 Total Enforcement Cost: $1446.36 Sum Of Total Paid: $20,910.36 Total Balance Due : $0.00 Sum of Total Case Penalties: $21,910.36 Total Penalties After Remissions: $20,910.36 IF °NPDES PERMIT NO. - N00067148 DISCHARGE NO. 001 MONTH OCTOBER YEAR 2015 FACILITY NAME NEBO ELEMENTARY CLASS I COUNTY MCDOWELL CERTIFIED LABORATORY (1) JAMES & JAMES ENVIRONMENTAL MGT., IINC. 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. 999739 PERSON(S) COLLECTING SAMPLES ROBERT ROWE ORC PHONE 828-697-0063 CHECK BOX IF ORC HAS CHANGED L> 0 NO FLOW / DISCHARGE FROM SITE Mail ORIGINAL and ONE COPY to: ATTN: CENTRAL FILES DIVISION OF WATER QUALITY 1617 MAIL SERVICE CENTER RALEIGH, NC 27699-1617 BY THIS SIGNATURE, I CERTIFY THAT THIS REPORT IS ACCURATE AND COMPLETE TO THE BEST OF MY KNOWLEDGE. I11 1 II•II 11.1 11 1 11� 11 1 ®' ' • / 00000000�®����� DWQ Form tam-1(11104) \>nlos n!o v ���� -�,J- I®/a 9 ���� ,L V, zDl6 �a/o Facility Status: (Please check one of the following) All monitoring data and sampling frequencies meet permit requirements F7 (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 permittee becomes aware of the circumstances. If the facility is noncompliant, please attach a list of corrective actions being taken and a time -table for improvements to be made as required by Part H.E.6 of the NPDES permit. "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." McDOWELL COUNTY SCHOOLS Pemuttee (Please print or type) 11 /20/2015 unless submitted electronically) 2107 SUGAR HILL RD. MARION, NC 28752 828-697-0063 12-31-2014 PemutteeAddress Phone Number e-mail address Permit Expiration Date Certified Laboratory (2) Certified Laboratory (3) Certified Laboratory (4) Certified Laboratory (5) ADDITIONAL CERTIFIED LABORATORIES PARAMETER CODES Certification No. Certification No. Certification No. Certification No. Parameter Code assistance may be obtained by calling the NPDES Unit at (919) 907-6300 or by visiting http:1/portal.nedenr.orgtweblwglsv4ptpsinpdes/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 th6 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). JAMES & JAMES ENVIRONMENTAL MANAGEMENT, INC PO BOX 519, MOUNTAIN HOME, NC 28758 (828) 697-0063 OFFICE (828) 697-0065 FAX October, 2015 Client: McDowell County Schools, Nebo Elementary NPDES PERMIT NUMBER: NCO067148 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: Ammonia Nitrogen Monthly average 15.9 mg/1 This did not give a daily maximum violation but did give a monthly average violation. We anticipate that the increased Ammonia Nitrogen was due to the rebuilt bed growing the bacteria to be able to accommodate the waste stream entering the facility. We began adding Soda Ash to the in line holding tank prior to the sand beds to increase the pH and assist with the nitrogen cycle. The last two results were compliant and reveal that this process is working properly. You may get a monetary fine for this month. Please find enclosed a copy of the Discharge Monitoring Report (DMR) for last month. This report and one copy have been sent to the State on your behalf. Please place this report in your file for future reference. Thank you for choosing James & James as your service company. ank you, J anita James T+Ir'afierl��sor<rrc�s . J EN+rttMrNMEtap,uattat:,�rY � :."7.P.� ZIA��rSERhi Certified Mail # 7014 0510 0000 4466 1155 Return Receipt Requested March 8, 2016" Garvin Trinks McDowell County Schools 709 Sugar Hill Rd Marion, NC 28752 SUBJECT: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY Tracking Number: NOV-2016-LV-0129 Permit No. NCO067148 Nebo Elementary School WWTP McDowell County Dear Permittee: A review of the October 2015 Discharge Monitoring Report (DMR) for the subject facility revealed the violation(s) indicated below:' Limit Exceedance Violation(s): Sample Location Parameter Date 001 Effluent Nitrogen, Ammonia Total (as 10/31/2015 N) - Concentration (C0610) Limit Reported Value Value Type of Violation 14.4 19.15 Monthly Average Exceeded A Notice of Violation/Intent to Issue Civil Penalty is being issued for the noted violation of North Carolina General Statute (G.S.) 143-2.15.1 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. .14 State of North Carolina I Environmental Quality I Water Resources 2090 U.S. 70 Highway, Swannanoa, NC 28778 828-2964500 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. Additionally and if you have not already done so, you may wish -to consider registering to use the Division's new e-DMR system for the completion and electronic submittal of monthly Discharge Monitoring Reports (DMRs). For more information, please visit the eDMR Website at the following address: http://portal.ncdenr.org/web/wg/admin/boq/ipu/edmr. If you have any questions concerning this matter, please contact Janet Cantwell of the Asheville Regional Office at 828-296-4500. Sincerely, G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDEQ c UkCSAsheuiJle RegioalOffice:-,.Enfo.rcement Fi e NPDES Compliance/Enforcement Unit - Enforcement File James & James Environmental/ ORC G:\WR\k,VQ\P-icDowell\Wastewater\hlinors\Nebo School 67148\N0V-N01-2016-LV-0129Af 6<y tM�terResbarre�s o.4.vi.ridjw. mct(.T A%4tlAL ITT Certified Mail # 7014 0510 0000 4466 1155 Return Receipt Requested March 8, 2016 Garvin Trinks McDowell County Schools 709 Sugar Hill Rd Marion, NC 28752 P-. T-MGCR0RY Gta�,ernvr ,D'0N- ALD:-R_.f ._ -N DE_R-: R.T SUBJECT: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY Tracking Number: NOV-2016-LV-0129 Permit No. NCO067148 Nebo Elementary School WVVTP McDowell County Dear Permittee: _S'_ JAB" ZIMMEkNIAN I)TfGS�F A review of the October 2015 Discharge Monitoring Report (DMR) for the subject facility revealed the violation(s) indicated below: Limit Exceedance Violation(s): Sample Location Parameter Limit Reported Date Value Value Type of Violation 001 Effluent Nitrogen, Ammonia Total (as 10/31/2015 14.4 19.15 Monthly Average Exceeded N) - Concentration (C0610) A Notice of Violation/Intent to Issue Civil Penalty is being issued for the noted violation of North Carolina General Statute (G.S.) 143-215.1 and the facility's NPDES Permit. Pursuant to G.S. 143-215.6A, a civil penalty of not more than twenty-five thousand dollars ($25,000.00) may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of any permit issued pursuant to G.S. 143-215.1. If you wish to provide additional information regarding the noted violation, request technical assistance, or discuss overall compliance please respond in writing within ten (10) business days after receipt of this Notice. A review of your response will be considered along with any information provided on the submitted Discharge Monitoring Report(s). You will then be notified of any civil penalties that may be assessed regarding the violations. If no response is received in this Office within the 10-day period, a civil penalty assessment may be prepared. State of North Carolina I Environmental Quality 1 Water Resources 2090 U.S. 70 Highway, Swannanoa, NC 28778 828-296-4500 Remedial actions should have already been taken to correct this problem and prevent further occurrences in the future. The Division of Water Resources may pursue enforcement action for this and any additional violations of State law. Reminder: Pursuant to Permit Condition 6 in Section E, the Permittee is required to verbally notify the Regional Office as soon as possible, not to exceed 24 hours, from first knowledge of any non-compliance at the facility including limit violations, bypasses of, or failure of a treatment unit. A written report may be required within 5 days if directed by Division staff. Prior notice should be given for anticipated or potential ,problems due to planned maintenance activities, taking units off-line, etc. Additionally and if you have not already done so, you may wish to consider registering to use the Division's new e-DMR system for the completion and electronic submittal of monthly Discharge Monitoring Reports (DMRs). For more information, please visit the eDMR Website at the following address: http://portal.ncdenr.org/web/wq/admin/bog/ipu/edmr. 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 James & James Environmental/ ORC G:\WR\4+1Q\McDowell\Wastewater\hllnors\Nebo School 67148\N0V-N0I-2016-LV-0129Al` ■ C lete items-. ,,;2,, A ■ Prmt your name and address on the reverse 1 X so that we can return the card to you. 'arvin Trinks " 9cDowell County Schools 107 Sugar Hill Road Marion NC 28752 , ❑ Agent ❑ Addre ite of Deli de �)�dress different fror?tl tem 1? ❑ Yes i b`; eOt& delivery address be ❑ No s `1. .0 i � Quo uNICO ype P P F, ❑ Priority Mail Express® III I II I 111 III III I II I II I \ 0 Adult Signature ��` � ❑Registered MaIIT"' II I IIIIII IIII II I I El Adult Signature ResMctedd7elivery ClRegistered Mall Restrict( 9590 9402 2119 6132 6495 74 erffied MailOc �� i ❑. ifed MairRestricted Delivery slivery sad Retum Receipt for ❑ Collect on belivery' erchandise n _n.+;..ie ni. .nher Rrancfar fmm service labe0 .. - � •7 ❑ Collect on Delivery Restricted Delivery _ ❑ Signature Confinnati Tr ❑ Signature Confirmatio - 16 _13 7 0 0;0 01 6 5i71.: '7 914 ; ' ail Restricted Delivery Restricted Delivery -0. PR FhrnhSR11 [ au1u2015 PSN17530=02=f10n=9053'/�lfj�! 2,01q— G. v,O39(P Domestic Return Receipt USPS TRACKING # First -Class Mail Postage & Feud USPS • Permit No. G-10 9590 940911" '•6132 6495 74 United States • Sender: Please print your name, address, and ZIP+4® in this box" Postal Service JANET CANTWELL NCDEOAWR-WORDS 2090 U.S. HIGHWAY 70 SWANNANOANC28718 i�tllll�l�i„��i,t=�t1111�►I�flil�lilllj�>>i„},j„j,i,j,,,,I;I,� ■ Complete itdOWT 2, and 3. FX. ndaddress on the reverse so that'Oe can return the card to you. Garvin Trinks " A McDowell County Schools 2107 Sugar Hill Road Marion NC 28752 ved by (Prfite Namel delivery ad er'ss dif#ers�t{�fjo jtei YES, eetiver av ddress`tse_1jo lnlll�lllitillllltlnl�lil�lll�ll�t�lull�llllltl!I!Il�;llnllilt I IIIIIII IIII IIIIIII I111111 IN I I I IIII I I 0AduIi C. C! Agent ❑ Addressee ate of Delivery 1? ❑ Yes No I Express® Mail", Mail Restrich 9590 9402 2119 6132 6496 73 El Certified Mall ResTrrlct d Dg eliveryl� `' ?elm Recelptfor ❑ Collect on Delivery �—� erchandIse 9 Grtinin Numhpr ?ranter from service /abeD_ _ __ ❑Collect on Delivery Restricted Delivery ii Signature Confinnationn Mail ❑ Signature Confirmation 7 016- i13?7 O: 0 0 01 6 5 71 19 4 s51 Maif Restricted Delivery' Restricted Delivery I l i i oot ' l�� i I 'i„i„'nnti G?r�oni �cori `nn,nnn_onaa /) +�.f�i + L t/ - (42 nnmpstic Return Receio First -Class Mail Postage & Fees Paid USPS Permit No. G-10 959 4112__ 2119 6132 6496 73 United States • Sender, Please print your name, address, and ZIP±4® in this box* ' Petal Service O Q� <V - �< 00, Nf L�fd O Gnwe�eoss 1 NCGEG-0WRYIGROS I O � C SWANlNNd NCT8118 O C ■ #Iele items 1, 2, and 3. Also complete A. 5 natureifRestricted Delivery is desired. our name and address on the reverse AV so that we can return the card to you. Rec ved b�(F ■ Attach this card to the back of the mailpiece, ; or on the front if space permits. North Carolina Department of F� • ;A Environment and Natural Rgiources r _ Division of Water Quality; Surface Water Protection Section NCDENR 2090 U.S. Highway 70, Swannanoa, NC 28778! ❑ Agent •- ❑ Addressee itl C. Da e'af-Deli ery `D1 atfro ie 17 ❑ e rydress belo ❑ No = U J O N �v o e`• ice Mr. Garvin Trinks ., S Cert:te P� I ress McDowell County Schools // 2107 Sugar Hill Road c re etum ete6f, for MercJiandise Marion,,'Vorth Carolina 28752 ❑ In �tra!1�] .O.D jW— tt 111I IIII I II I I I I I III I111I I II I I II I 4. ReCt BlilyelCt/$ 6� •�, ❑Yes 7D1.0 1,'870~.i00B3=:b87'- 80'.1,1(,YYl'--Z��,IOZ�.� me r,..... QQ1 i C-k-.--, OnnA nn.,.ocfir Pt.— aorwint $02595-02-M-1541 UNITED STATES POSTAL SERVICE • Sender: Please print your name, address, and Z JANET CANTWELL NCDENR-DWQ-SWP 2090 U.S. HIGHWAY 70 SWANNANOA NC 28778 �.1'i• CtC„�:?�;'.4+.+.1.�tJ1J�.4�,+JAI�J}��L•.5`4�+J�J.Ohl,4�iJ}.�1,+.+,J.111r.�.+.t•1.�+.+.4IJ.hh��. ■ C�te items 1, 2, and 3. Also complete A. Signature :;:'•: ite. if Restricted Delivery is desired. X N. Print your name and address on the reverse so that we can return the card to you. B. Receive by (Pri�tei ■ Attach this card to the back of the mailpiece, or on the front if space permits. d North Carolina Department of e Environment and Natural Resources-' AGa Division of Water Quality NCDENR 2090 U.S. Highway Water Protection Section 70, Swannanoa, NC 28778 A Q GARVIhFTRINKS MCDOAELL COUNTY SCHOOLS 'Certified -Mail 2107 SOAR HILL ROAD ❑Registered MARION NC 28752 ❑ Insure'd Mail IIIIIIIIililiIIIIIIliiililill1il 4. Restricted Delivi 1870 `000�3 � iO875 4-531 n­6�ti;� Rcinm Ronoint ,,❑ Agent `erent from item 1; LM YeS7 addrikbelow: o l t�:cco �Aoil 09 M klra Fee) �::j7(es /��� � . r'/ yr 1 n2595-n2-M-154i UNITED STATES - POSTAL. SERVICE • Sender: Please print your name, addreSs" a JANET tANTWELL NCDENR-DWQ-SVVP 2090 U.S. HIGHWAY 70 SWANNANOA NC 28778 box ■ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. Article Addressed to: 2107 at,iGAR.!'t9 LL. ROAD A. Signature X{gign.., B. . Fleceived by ❑ Agent C. Date of D �T ►"\ % I I � Iflhol`U, D. Is delivery address different from item 1? if YES, enter delivery address below. No Sere ype Certified Mail ❑ ss Mail ❑ Registered . Plum Receipt for Merchandis( ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes - 7001 2510 i000t9. �1�,26 5�486 PS Form 3811, August 2601 Domestic Return Receipt 2ACPRI-o3•P-4t UNITED STATES POSTAL SERVIC(E\—k—, \,k- E col --P-oVtaqq_-&Fees-Raid, a. nerrnitN6.'p--ta—_ ni WIFI.,411CHAEL McDONALD :fir'. =7N. �> R - DVVQ -WQS W C-) 0 0 F J,:V f, '—,' A AS HEOLL E, MC, 23801 -Complete -items 1.._2. and_3_- __ ---- -- - Jorth Carolina Department of Environmental Quality division of Water Resources Hater Quality Regional Operations Section ?090 U.S. Highway 70 3wannanoa, North Carolina 28778 3arvin Trinks McDowell County Schools M7 Sugar Hill Road a� Vlarion NC 28752 II'IIIIII'Inllnlllnitlttnnll'lllll'lll! �IIIII IIII III I I I I I I I IIII II III IIII I I IIII I III 9590 9403 0672 5196 9696 35 7014 A5(10[ [0D0i'0 [ 44P[ 1p9} j :d by (Printed ;ry address different from enter delivery address b ❑ Agent ❑ Addresse( ite of Deliver) 1? ❑ Yes ❑ No 3. Service Type ❑ Priority Mail Express® ❑ Adult Signature ❑ Registered MailT ❑ Adult Signature Restricted Delivery ❑ Registered Mail Restricts Certified Mail® Delivery rtified Mail Restricted Delivery i �Retum Receipt for �nM�erchandise ❑ Collect on Delivery ❑ Collect on Delivery Restricted Delivery ❑q Signature Contignationn 0 Insured Mail ill I t l l signature Confirm on 11 nsured Mail Restricted Delivery [ ( I I Restricted Deliver (over $500) x aAv,, 4aQl l :A-m. ;i onAG:oeni 7aan_no_nnn_onaa z. n..i / - _ ^/Vw 1 nnmostin Rmiim UNITED STATES POSTAL SERVICE First -Class Mail ostage & Fees Paid Permit I • Sender: Please print your name, address, and �F® in this box* �y c JANET CANMELL•d`�V _+ NCOEO-0WR-WR-WOR0RDS 2090 U.S. HIGHWAY 70 SWANNANOA NC 28778 A.i, Q' rr i f USPS TRACKING# 9590 9403 0672 5196 9695 35 r-1ENDER: COMPLETE THIS SECTION North Carolina -Department of Environmental Quality Division of Water Resources Water Quality Regional Operations Section 2090 U.S. Highway 70 5wannanoa, North Carolina 28778 3arvin Trinks OcDowell County Schools >_107 Sugar Hill Road Marion NC 28752=�----- 1111'11111t110Ih11,111111111111 ttiiiiilJl!II�I�I� Ili 111111IIII11111IIIII IIIIIIIIIIIIIIIIIIIIIII 9590 9403 0672 5196 MO 57 ?014 0515; 11000 44�6ii--104 Yv „ 4 _ ❑Agent �lT ❑ Addressee by (Printed Name) C. Dgte of peljvery delivery address different from item V, U WE YES, enter delivery address below. ❑ No V �unililr. 3- Service Type ❑ Adult Signature ❑ Adult Signature Restricted Delivery Certified Mail® ertified Mail Restricted Delivery ❑ Collect on Delivery ❑ Collect on Delivery Restricted Delivery a O Insured Mail? 0 Insured Wil;Restild* Deljl*ys ❑ Priority Mail Express® ❑ Registered MaiITm ❑ Registered Mail Restdcte :livery Retum Receipt for erchandise ❑ Signature Conf."atlonT° 0 Signature ConfirrNtion Restricted Delivety� / be. c......, Q121.1 A —a .oni r, ocr.i 7L;9n-no_nnn_onsa . - - _.. j — - . r - . , r « n I Domestic Return ERVICE UNITED STATVOP First -Class Mail Postage & Fees Paid USPS Permit No. G-10 • Sender: Please print your name, address, and ZIP+4® in this box• — -- o JANET CANTWELL NCDEO-DWR-WOROS 1090 U.S. HIGHWAY 70 SWANNANOA NC 18778 K O /� J 37CM' ( .3 co N r `-�-� ID �I�InVB�IIIIIII�n��I�IIR� ■ 'Co'mprete items 1, 2, and 3. Also complete A. Signature item 4 if Restricted Delivery is desired. ❑ Agent ■ Print your name and address on the reverse X ❑ Addressee so that we can return the card to you. B. Rece'ved by (Print I Irme) C. Date of Delivery ■ Attach this card to_the-back_nf_thP_Malini— _ a' Pi 6 -6 lam( lorth Carolina Department of Environmental Quality _ (delivery address different from item 1? ❑ Yes )ivision of Water Resources YES, enter delivery address below: ❑ No Vater Quality Regional Operations Section !090 U.S. Highway 70 mannanoa, North Carolina 28778 3arvin Trinks kvice Type JlcDopell County Schools ertifi_ d ail" ❑ Priority Mail Express- >_107 Sugar Hill Road - - - vlarion NC 28752 Registered :Return Receipt for Merchandise �Insured]Vlail ❑ Collect on Delivery ..— Istricted Delivery? (Extra Fee) ❑ Yes 701i2 7,03,E '00' ! 7i965' Sid!A ? i t 11 1 / D 3s Form 3811. July 2013 Domestic Return Receipt UNITED STATES:.F.Q �.6 111 1 First -Glass Mail Postage & Fees Paid USPS Permit No. OAO Sendet ) : Pie"a'se print your name, address,,ni 0*+40 W box* !;P 1-b 41W JANET CANTWELL NCDE"WR _ 2 �WQR0\ 090 U.S. H"3 J�JAV 7S 0 SIVANNANCANC28778 North Carolina Department of Environmental Quality Division of Water Resources Water Quality Regional Operations Section 2090 U.S. Highway 70 Swannanoa, North Carolina 28778 13 Agent 'ec ved by (Printed Name) C. Date of Delivery delivery address different from item 1? ❑ Yes •,YES, enter delivery address below: ❑ No Garvin Trinks McDowell County Schools 2107 Sugar Hill Road ",?a Marion NC 28752 lni�ii�ti����il�_��ii!I�Il�lltl�l!II!nnilill 11Hill1-111111111111IiI11111111111111111111 od�t 9590 9403 0672 5196 9696 41 Certif ertif T014 C1;510±10000 4466' 11`55, :e Type ❑ Priority Mail Express® gnature ❑ Registered MailT gnature Restricted Delivery ❑ Registered Mail Restrict i MailO i Mail Restricted Delivery Ae Receipt for alumturn on Delivery erchandise on Delivery Restricted Delivery ❑ Signature ConfirmationT' Mail :, I ❑'Signature Confirmation Mail Restricted Delivery` Restricted Delivery nn—...... 4411 A-41 nnia mom 7can_ne_nnn oncaA/ill A- 7ni/_ j ✓ - ^1 1 T Domestic Return UNITED STAT ,,SERVICE 0Gendar Please print your name, address, E ' pootaoaa Pam USPS Permit No. 610