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HomeMy WebLinkAboutNC0087076_Regional Office Physical File Scan Up To 10/13/2020Cantwell, Janet From: Cantwell, Janet Sent: Wednesday, November 13, 2013 4:06 PM To: Davidson, Landon; Cranford, Chuck Subject: FW. NOV for Columbia Forest Products LV-2013-0176 I talked with Heather Bartlett this morning about the CPA for the May 2013 DMR. She wants it rescinded to get it off the record for the company. As you (Landon & Chuck) and I discussed Tuesday, 11/12/13, we agreed we would support remission of the fine when it got to the remission committee in Raleigh. Below is a partial timeline: • The DMR matched the limit violations shown on BIMS and was.checked "Not Compliant." • The explanation letter (dated 6/25/13) with the DMR stated Columbia believed the limit for Settleable Solids was exceeded due to "out of hold time." • In addition, with the letter, Columbia stated "This was not considered to be an event that could potentially threaten public health or the environment. Thus, no twenty-four hour reporting is required." • September 9, 2013, an NOV-(NRE)-2013-LV-0508 was sent to Columbia and was signed for on September 20, 2013 by Becki Walker. • October 2, 2013, CPA # LV-2013-0176 was sent to Columbia Forest. October 7, 2013, ARO received a letter dated October 4, 2013, with an explanation for the limit violations, a revised DMR and a lab report showing the analysis. This was regarding NOV-2013-LV-0508. (The decimal point was incorrectly placed by Columbia causing the limit to show it was exceeded.) There was also a letter dated August 16, 2013, addressed to Central Files in Raleigh, explaining the incorrectly placed decimal point. The letter is not stamped in with a date stamp. It appears the revised DMR was sent to Raleigh per the letter dated August 16, 2013: however, I cannot find where Raleigh has sent our stamped copy to the ARO. (I will call Raleigh tomorrow, 11/14,2013, to see if they have a copy.) • October 17, 2013, the CPA was received and signed by Stan Smothers. Janet Cantwell - Janet.Cantwell@ncdenr.gov North Carolina Dept. of Environment and Natural, Resources / Asheville Regional Office / Division of Water Resources — Water Quality Regional Operations 2090 US -Highway 70 Swannanoa, NC 28778-8211 Tel: 828-296-4500 Fax: 828-299-7043 Internet: http://portal.ncdenr.org/web/wq/ws E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to -third parties. From: Heather Bartlett [mailto:hbartlett@slrconsulting.com] Sent: Tuesday, November 12, 2013 6:32 PM To: Cantwell, Janet Subject: NOV for Columbia Forest Products LV-2013-0176 HI Janet, fs I left you a voice mail. I am trying to help Columbia Forest Products respond to the NOV and Assessment of Civil Penalty. It is my understanding that you have asked that they request the remission of the civil penalty and that the facility will. receive on the enforcement penalty. There was no violation there was a reporting error with the calculation. We would like the NOV rescinded and the only course that appears to be available for that is to request an administrative hearing and that doesn't make sense. The instructions clearly state that"a request for remission is limited to the review of the penalty amount and is not the proper procedure for contesting the accuracy of statements contained in the assessment letter. " I am concerned that this approach will consist of an NOV on record and it is not representative of the facts. Thank -you for help. Regards, Heather Heather Bartlett Principal Engineer SLR International Corporation Email: hbartlefta-slrconsultinq com Direct: 503-905-3423 Cell: 503-849-9694 Office: 503-723-4423 Fax: 503-723-4436 1800 Blankenship Road, Suite 440, West Linn, OR, 97068, United States .'4�, `d �iFaR Q to Confidentiality Notice and Disclaimer This communication and any attachment(s) contain information which is confidential and may also be legally privileged. It is intended for the exclusive use of the recipient(s) to whom it is addressed. If you have received this communication -in error, please email -us by return -mail and then delete the email -from your system -together with any copies of it. Any views or opinions are solely those of the author and do not represent those of SLR Management Ltd, or any of its subsidiaries, unless specifically stated. Azm"A' � WDENR FIL North Carolina Department of Environment and Natural Resources Division of Water Resources Water Quality Programs Pat McCrory Thomas A. Reeder John E. Skvarla, III Governor Director Secretary CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Jeffrey Wakefield Columbia Forest Plywood Products P.O. Box 1148 Old Fort, North Carolina 28762 October 2, 2013 7012 1010 0002 1967 6728 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 NCO087076 Columbia Forest Plywood Products Case No. LV-2013-0176 McDowell County Dear Mr. Wakefield: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $497.50 ($350.00 civil penalty + $147.50 enforcement costs) against Columbia Forest Plywood Products. This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report (DMR) submitted by Columbia Forest Plywood Products for the month of May 2013. This review has shown the subject facility to be in violation of the discharge limitations and/or monitoring requirements found in NPDES Permit NC0087076. The violations which occurred in May 2013 are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that Columbia Forest Plywood Products violated the terms, conditions or requirements of NPDES Permit NCO087076 and G.S. 143- 215.1(a)(6) in the manner and extent shown in Attachment A. In accordance with the maximums established by G.S. 143-215.6A(a)(2), a civil penalty may be assessed against any person who violates the terms, conditions or requirements of a permit required by G.S. 143-215.1(a). Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Resources, I, G. Landon Davidson, Division of Water Resources Regional Supervisor for the Asheville Region, hereby make the following civil penalty assessment against Columbia Forest Plywood Products: WATER QUALITY SECTION —ASHEVILLE REGIONAL OFFICE Location: 2090 U.S. Highway 70, Swannanoa, NC 28778 Phone: (828) 296-4500 FAX: (828) 299-7043 Internet: h2o.enr.state.nc.us An Equal Opportunity/ Affirmative Action Employer 1 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No. $100.00 NC0087076, by discharging waste water into the waters of the State in violation of the Permit Daily Maximum limit for RES/SET. 1 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No. $250.00 NC0087076, by discharging waste water into the waters of the State in violation of the Permit Monthly Average limit for RES/SET. $350.00 TOTAL CIVIL PENALTY $147.50 Enforcement Costs $497.50 TOTAL AMOUNT DUE Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 143B- 282. 1 (b), which are: (1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation; (2) The duration and gravity of the violation; (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; (6) Whether the violation was committed willfully or intentionally; (7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and (8) The cost to the State of the enforcement procedures. Within thirty days of receipt of this notice, you must do one of the following: 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 Resources 1617 Mail Service Center Raleigh, North Carolina 27699-1617 OR 2. Submit a written request for remission or mitigation including a detailed justification for such request: Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Because a remission request forecloses the option of an administrative hearing, such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation and agreement that no factual or legal issues are in dispute. Please prepare a detailed statement that establishes why you believe the civil penalty should be remitted, and submit it to the Division of Water 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: Point Source Compliance/ Enforcement Unit Division of Water Resources 1617 Mail Service Center Raleigh, North Carolina 27699-1617 3. File a petition for an administrative hearing with the Office of Administrative Hearings: If you wish to contest any statement in the attached assessment document you must file a petition for an administrative hearing. You may obtain the petition form from the Office of Administrative Hearings. You must file the petition with the Office of Administrative Hearings within thirty (30) days of receipt of this notice. A petition is considered filed when it is received in the Office of Administrative Hearings during normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for official state holidays. The original and one (1) copy of the petition must be filed with the Office of Administrative Hearings. The petition may be faxed - provided the original and one copy of the document is received in the Office of Administrative Hearings within five (5) business days following the faxed transmission. The mailing address for the Office of Administrative Hearings is: Office of Administrative Hearings 6714 Mail Service Center Raleigh, North Carolina 27699-6714 Telephone (919) 733-2698 Facsimile: (919) 733-3478 and Mail or hand -deliver a copy of the petition to General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh, North Carolina 27699-1601 Please indicate the case number (as found on page one of this letter) on the petition. Failure to exercise one of the options above within thirty (30) days of receipt of this letter, as evidenced by an internal date/time received stamp (not a postmark), will result in this matter being referred to the Attorney General's Office for collection of the penalty through a civil action. Please be advised that additional penalties may be assessed for violations that occur after the review period of this assessment. If you have any questions, please contact Janet Cantwell of the Water Quality staff of the Asheville Regional Office at 828-296-4500. Sincerely, G. Landon Davidson, P.G. Regional Supervisor Water Quality Section Asheville Regional Office ATTACHMENTS l�egonnl-. upervi�c�t;�/�at�aChments NPDES Point Source w/ attachments WQ Central Files w/ attachments G' 0\SW["ki icDov el R WastewaterlIII dustria WoIunibia 87076:LV-201=-0176.doe JUSTIFICATION FOR REMISSION REQUEST DWQ Case Number: LV-2013-0176 County: McDowell Assessed Party: Columbia Forest Plywood Products Permit No.: NC0087076 Amount Assessed: $497.50 Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of Facts " form to request remission of this civil penalty. You should attach any documents that you believe support your request and are necessary for the Director to consider in evaluating your request for remission. Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 143B-282. 1 (c), remission of a civil penalty may be granted only when one or more of the following five factors applies. Please check each factor that you believe applies to your case and provide a detailed explanation, including copies of supporting documents, as to why the factor applies (attach additional pages as needed). (a) one or more of the. civil penalty assessment factors in N.C.G.S. 143B-282.1(b) were wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil penalty assessment document); (b) the violator promptly abated continuing environmental damage resulting from the violation (i.e., explain the steps that you took to correct the violation and prevent future occurrences); (c) the violation was inadvertent or a result of an accident (i. e., explain why the violation was unavoidable or something you could not prevent or prepare for); (d) the violator had not been assessed civil penalties for any previous violations; (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions (i. e., explain how payment of the civil penalty will prevent you from performing the activities necessary to achieve compliance). EXPLANATION: DIVISION OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT (FILE) Violator: Columbia Forest Plywood Products / NCO087076 (]lay 2013 DNIR) County: McDowell Case Number: LV-2013-0176 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 Settleable Solids exceeded the permit limit by 25 %. One Monthly Average Settleable Solids exceeded the permit limit by 150 %. 3) The effect on ground or surface water quantity or quality or on air quality; All effluent violations may be detrimental to the receiving stream but may not be immediately quantified. 4) The cost of rectifying the damage; The cost is unknown. 5) The amount of money saved by noncompliance; The amount of money saved would include the cost of excess solids removal. The amount of money saved would also include the cost of implementing a program to handle problems with I & 1. 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) 9-. O0 '2-0k 3 Date 09/30/2013 The cost to the State of the enforcement procedures. $147.50. <;�) -(A G. Landon Davidson, P.G. Regional Supervisor Water Quality Section Asheville Regional Office M, EFFLUENT JAL 2 2 20 NPDES PERMIT NO. _N00087076 DISCHARGE NO. 001 MONT'H_May YEAR 2013 FACILITY NAME Columbia Forest Products CLASS COUNTY McDowell CERTIFIED LABORATORY (1) James & James Environmental CERTIFICATION NO._482 (list additional laboratories on the backside/page 2 of this form) OPERATOR IN RESPONSIBLE CHARGE (ORC) Bill Presnell GRADE CERTIFICATION NO. PERSON(S) COLLECTING SAMPLES James Rummel ORC PHONE 828 724-4191 CHECK BOX IF ORC HAS CHANGED El NO FLOW / DISCHARGE FROM SITE Mail ORIGINAL and ONE COPY to: ATTN: CENTRAL FILES ) J N 2 L 013 X DIVISION OF WATER QUALITY (SIGNATURE OF OPERATOR IN RESPONSIBLE CHARGE) DATE 1617 MAIL SERVICE CENTER BY THIS SIGNATURE, I CERTIFY THAT THIS REPORT IS RALEIGH, NC 27699-1617 ACCURATE AND COMPLETE TO THE BEST OF MY KNOWLEDGE. 11 I 111 I II•II 11�1 II I III I I,t. l � � II II II�II II�� II _-- • • • Ajins i B r e 014.VIEMM__ Notes: (1) Flow was caclulated using the Rational Method, Q=CiA where: Q = Peak flow in cubic feet per second (cfs) Q = 0.045 cfs C = Runoff coefficient to reflect the ratio of rainfall to surface runoff C = 0.2 (unimproved areas) i = Rainfall intesity in inches per hour (in/hr) i = 0.13 A = Drainage area in acres (ac) A = 1.73 (2) Settleable solids analyzed past the 48 hour holding time. DWQForm MR- 1(I1/04) Facility St itus:"(Please check one of the following) All monitoring data and sampling frequencies meet permit requirements (including weekly averages, if applicable) Compliant All monitoring data and sampling frequencies do NOT meet permit requirements Noncompliant The permittee shall report to the Director or the appropriate Regional Office any noncompliance that potentially, threatens public health or the environment. Any information shall be provided orally within 24 hours from the time the permittee became aware of the circumstances. A.written submission shall also be provided within 5 days of the time the 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." 1 i'w�+ Permittee (Please print or type) rdrermittee*** Date r unless submitted electronically) PO Box 1148 Old Fort, NC 28762 (828) 7244191 bsprouseO-columbiaforestproducts.com 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) Certified Laboratory (5) PARAMETER CODES Certification No. Certification No. Parameter Code assistance may be obtained by calling the NPDES Unit at (919) 807-6300 or by visiting http://portal.ncdenr.org/web/wq/swp/ps/npdes/appforms. Use only units of measurement designated in the reporting facility's NPDES permit for reporting data. * 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). Page 2 licolumbia FOREST PRODUCTS P.O. Box 1148 369 Columbia Carolina Road Old Fort, NC 28762 P: 828.724.4191 1.800.438.6069 F: 828.724.4302 www.columbiaforestproducts.com WE CARE. After all, it's our company. June 25, 2013 North Carolina Department of Environment and Natural Resources Division of Water Quality, Water Quality Section Attn: Central Files 1617 Mail Service Center Raleigh, North Carolina 27699-1617 RE: NPDES Discharge_Outfall Monitoring Report Columbia Forest Products, Old Fort, North Carolina Permit No.: NCO087076 To Whom It May Concern: Please find attached the National Pollutant Discharge Elimination System (NPDES) Outfall Monitoring Reports for Columbia Forest Products located in Old Fort, North Carolina (Columbia Carolina). Columbia Carolina operates under Permit Number NC0087076. Wastewater samples were collected from Outfall 001 on May 5, 2013. This is the first discharge event from the pond since May 2009. Upon receiving results from the contracted laboratory, we discovered the sample had not been analyzed for Settleable Solids (SS). Since a sufficient quantity of the sample collected on May 5, 2013 had been retained, we submitted the sample for SS analysis. The laboratory completed the analysis on June 13, 2013. The SS analytical result was 0.25 ml/l which exceeded the daily and maximum limit. We expect this was likely due to the sample being analyzed beyond the hold time. All other parameters were within the permit limits. As corrective action, we completed a review of the nonconformity. There was confusion between the sampling required for the NPDES permit and the stormwater permit since discharge occurs infrequently. We have educated our staff regarding the two different permits and the sampling requirements and we will continue with this practice going forward as a part of our annual training. This information is also provided on the following page consistent with the written submission information found in Condition Part II E.6 of the permit. If you have any questions or comments, please contact me at (828) 460-6245. Sprouse 5nance Manager grolumbia WE CARE. REST PRODUCTS After all, its our company. Condition Part H. E.6 Information Event and Description: On May 5, 2013 due to a significant rain event, discharge occurred from Outfall 001 only on that date. There has been no additional discharge. A sample was collected however the Settleable Solids (SS) was analyzed past the hold time. The SS exceeded the daily and maximum limit. We do not believe this is a valid analvsis since it was tested beyond -the hold time. 'his Columbia has taken steps to prevent this from happening again. Immediate action was taken to review the nonconformity. In the process it was discovered that staff was confused with the sampling requirements of the two NPDES permits, the individual NPDES permit and the Industrial Stormwater Permit. Typically there is no discharge, so the sampling is not a routine occurrence. Rather than not submitting, Columbia submitted a sample for analysis beyond the hold time. To prevent this from happening again, staff responsible for sampling has been educated regarding the sampling requirements and differences between the two permits. This will be calendared in the future as an ongoing annual task. P.O. Box 1148 369 Columbia Carolina Road Old Fort, NC 28762 P: 828.724.4191 1.800.438.6069 F: 828.724.4302 www.columbiaforestproducts.com Permit Enforcement History Details by Owner 09/30/13 1 Owner: Columbia Forest Plywood Products Facility: Columbia Forest Plywood Products Permit: NCO087076 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-2002-0673 12/16/02 $250 $100.00 $350.00 $.00 No 01/31/03 LV-2003-D450 3-2003 07/07/03 $1,250 $1DO. DO 08/07/03 $1,350.00 No 09/22/05 LV-2005-0236 1-2005 07/15/05 $700 $100.00 08/15/05 11/21/05 $.00 05/11/06 $.00 $800.00 $.00 No 06/28/06 LR-2007-0008 1-2007 04110/07 $500 $100.00 $.00 04/25/07 09/12/07 $.00 $600.00 $.00 No 10/04/07 LV-2013-0176 5-2013 09/30/13 $350 $147.50 $497.50 No Total Cases: 5 Total Penalty Amount: $3,050 Total Enforcement Cost: $547.50 Sum of Total Paid: $1,750.00 Total Balance Due: $1,847.50 Sum of Total Case Penalties: $3,597.50 Total Penalties after remission(s): $3,597.50 Cantwell, Janet From: Heather Bartlett <hbartlett@slrconsulting.com> Sent: Tuesday, November 12, 2013 6:32 PM To: Cantwell, Janet Subject: NOV for Columbia Forest Products LV-2013-0176 HI Janet, I left you a voice mail. I am trying to help Columbia Forest Products respond to the NOV and Assessment of Civil Penalty. It is my understanding that you have asked that they request the remission of the civil penalty and that the facility will receive on the enforcement penalty. There was no violation there was a reporting error with the calculation. We would like the NOV rescinded and the only course that appears to be available for that is to request an administrative hearing and that doesn't make sense. The instructions clearly state that "a request for remission is limited to the review of the penalty amount and is not the proper procedure for contesting the accuracy of statements contained in the assessment letter. " I am concerned that this approach will consist of an NOV on record and it is not representative of the facts. Thank you for help. Regards, Heather Heather Bartlett Principal Engineer SLR International Corporation Email: hbartlett@slrconsulting.com Direct: 503-905-3423 Cell: 503-849-9694 Office: 503-723-4423 Fax: 503-723-4436 1800 Blankenship Road, Suite 440, West Linn, OR, 97068, United States www.slrconsultina.com S-)4-f 45 L a Kpmk tohat e€,vlranr enLat SOtutiens Confidentiality Notice and Disclaimer This communication and any attachment(s) contain information which is confidential and may also be legally privileged. It is intended for the exclusive use of the recipient(s) to whom it is addressed. If you have received this communication in error, please email us by return mail and then delete the email from your system together with any copies of it. Any views or opinions are solely those of the author and do not represent those of SLR Management Ltd, or any of its subsidiaries, unless specifically stated. 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 (i)]. 1. Change in Discharge All discharges authorized herein shall be consistent with the terms and conditions of this permit. The discharge of any pollutant identified in this permit more frequently than or at a level in excess of that authorized shall constitute a violation of the permit. 2. Planned Changes The Permittee shall give notice to the Director as additions to the permitted facility [40 CFR 122.41(1)]. soon as possible of any planned physical alterations or Notice is required only when: a. The alteration or addition to a permitted facility may meet one of the criteria for new sources at 40 CFR 122.29 (b); or b. The alteration or addition could significantly change the nature or increase the quantity of pollutants discharged. This notification applies to pollutants subject neither to effluent limitations in the permit, nor to notification requirements under 40 CFR 122.42 (a) 0). c. The alteration or addition results in a significant change in the Permitteds sludge use or disposal practices, and such alteration, addition or change may justify the application of permit conditions that are different from or absent in the existing permit, including notification of additional use or disposal sites not reported during the permit application process or not reported pursuant to an approved land application plan. 3. Anticipated Noncompliance The Permittee shall give advance notice to the Director of any planned changes to the permitted facility or other activities that might result in noncompliance with the permit [40 CFR 122.41 (1) (2)]. 4. Transfers This permit is not transferable to any person without 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 a) (3)]. 5. Monitoring Reports Monitoring results shall be reported at the intervals specified elsewhere in this permit [40 CFR 122.41(1) (4)]. a. Monitoring results must be reported on a Discharge Monitoring Report (DMR) (See Part II. D. 2) or forms provided by the Director for reporting results of monitoring of sludge use or disposal practices. b. If the Permittee monitors any pollutant more frequently than required by this permit, the results of such monitoring shall be included in the calculation and reporting of the data submitted on the DMR. T.wcnWy four I-&uNr Ret�6r N6,, a. Thy ttee shall rep 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 peridd 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 122.41(1) (7)]. 8. Other Information Where the Permittee becomes aware that it failed to submit any relevant facts in a permit application, or submitted incorrect information in a permit application or in any report to the Director, it shall promptly submit such facts or information [40 CFR 122.41(1) (8)]. 9. Noncompliance Notification The Perrnittee shall report by telephone to either the central office or the appropriate regional office of the Division as soon as possible, but in no case more than 24 hours or on the next working day following the occurrence or first knowledge of the occurrence of any of the following: a. Any occurrence at the water pollution control facility which results in the discharge of significant amounts of wastes which are abnormal in quantity or characteristic, such as the dumping of the contents of a sludge digester; the known passage of a slug of hazardous substance through the facility, or any other unusual circumstances. b. Any process unit failure, due to known or unknown reasons, that render the facility incapable of adequate wastewater treatment such as mechanical or electrical failures of pumps, aerators, compressors, etc. c. Any failure of a pumping station, sewer line, or treatment facility resulting in a by-pass without treatment of all or any portion of the influent to such station or facility. Persons reporting such occurrences by telephone shall also file a written report within 5 days following first knowledge of the occurrence. 10. Availability of Reports Except for data determined to be confidential under NCGS 143-215.3 (a)(2) or Section 308 of the Federal Act, 33 USC 1318, all reports prepared in accordance with the terms shall be available for public inspection at the offices of the Division. As required by the Act, effluent data shall not be considered confidential. Knowingly making any false statement on any such report may result in the imposition of criminal penalties as provided for .in NCGS 143-215.1(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. Annual Performance Reports Permittees who own or operate facilities that collect or treat municipal or domestic waste shall provide an annual report to the Permit Issuing Authority and to the users/customers served by the Permittee (NCGS 143-215.1C). The report shall summarize the performance of the collection or treatment system, as well as the extent to which the facility was compliant with applicable Federal or State laws, regulations and rules pertaining to water quality. Version 512009 Permit Enforcement History Details by Owner 09/05/13 1 Owner: Columbia Forest Plywood Products Facility: Columbia Forest Plywood Products Permit: NCO087076 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-2002-0673 12/16/02 $250 $100.00 $350.00 $.00 No 01/31/03 LV-2003-0450 3-2003 07/07/03 $1,250 $100.00 08/07/D3 $1,350.00 No 09/22/05 LV-2005-0236 1-2005 07/15/05 $700 $100.00 08/15/05 11/21/05 $.00 05/11/06 $.00 $800.00 $.00 No 06/28/06 LR-2007-0008 1-2007 04/10/07 $500 $100.00 $.00 04/25/07 09/12/07 $.00 $600.00 $.00 No 10/04/07 Total Cases: 4 Total Penalty Amount: $2,700 Total Enforcement Cost: $400.00 Sum of Total Paid: $1,750.00 Total Balance Due: $1,350.00 Sum of Total Case Penalties: $3,100.00 Total Penalties after remission(s): $3,100.00 MONITORING REPORT(MR) VIOLATIONS for: Report Date: 09/05/13 Page: 1 of 3 Limit Violation MONITORING OUTFALL / REPORT PPI LOCATION PARAMETER 09 -2004 001 Effluent Solids, Settleable 09 -2004 001 Effluent Solids, Settleable 05 -2013 001 Effluent Solids, Settleable 05 -2013 001 Effluent Solids, Settleable 03 -2003 001 Effluent Solids, Total Suspended 03 -2003 001 Effluent Solids, Total Suspended 03 -2003 001 Effluent Solids, Total Suspended 05 -2003 001 Effluent Solids, Total Suspended 05 -2003 001 Effluent Solids, Total Suspended 05 -2003 001 Effluent Solids, Total Suspended 06 -2003 001 Effluent Solids, Total Suspended 06 -2003 001 Effluent Solids, Total Suspended 11 -2003 001 Effluent Solids, Total Suspended 06 -2004 001 Effluent Solids, Total Suspended VIOLATION UNIT OF CALCULATED DATE FREQUENCY MEASURE LIMIT VALUE % OVER LIMIT 09/08/04 Once per ml/I 0.2 0.3 50 discharge 09/30/04 Once per ml/I 0.1 0.2 100 discharge 05/05/13 Once per ml/I 0.2 0.25 25 discharge 05/31/13 Once per ml/I 0.1 0.25 150 discharge 03/07/03 Once per mg/I 45 109 142.22 discharge 03/20/03 Once per mg/I 45 124 175.56 discharge 03/31/03 Once per mg/I 30 116.5 288.33 discharge 05/06/03 Once per mg/I 45 55.1 22.44 discharge 05/21/03 Once per mg/I 45 133 195.56 discharge 05/31/03 Once per mg/I 30 94.05 213.5 discharge 06/03/03 Once per mg/I 45 64 42.22 discharge 06/30/03 Once per mg/I 30 64 113.33 discharge 11/30/03 Once per mg/I 30 37 23.33 discharge 06/30/04 Once per mg/I 30 31 3.33 discharge VIOLATION TYPE VIOLATION ACTION Daily Maximum Exceeded No Action, BPJ Monthly Average Exceeded No Action, BPJ Daily Maximum Exceeded None Monthly Average Exceeded None Daily Maximum Exceeded Proceed to Enforcement Case Daily Maximum Exceeded Proceed to Enforcement Case Monthly Average Exceeded Proceed to Enforcement Case Daily Maximum Exceeded No Action, BPJ Daily Maximum Exceeded No Action, BPJ Monthly Average Exceeded No Action, BPJ Daily Maximum Exceeded Proceed to NOV Monthly Average Exceeded Proceed to NOV Monthly Average Exceeded No Action, BPJ Monthly Average Exceeded Proceed to NOV MONITORING REPORT(MR) VIOLATIONS for: Report Date: 09/05/13 Page: 2 of 3 Permit: NCO087076 MRs Between:1-2003 and 0 2013 Region: % Violation Category: °(o Program Category: ,% Facility Name: % Param Name: % County: % Subbasin: % Violation Action: % _ Major Minor: PERMIT: NCO087076 FACILITY: Columbia Forest Plywood Products - Columbia Forest COUNTY: McDowell REGION: Asheville Plywood Products Limit Violation MONITORING OUTFALL/ REPORT PPI LOCATION PARAMETER 09 -2004 001 Effluent Solids, Total Suspended 09 -2004 001 Effluent Solids, Total Suspended 01 -2005 001 Effluent Solids, Total Suspended 01 -2005 001 Effluent Solids, Total Suspended 05 -2009 001 Effluent Solids, Total Suspended - Concentration Reporting Violation MONITORING OUTFALL/ REPORT PPI LOCATION PARAMETER 04 -2003 09 -2003 02 -2004 12 -2004 06 -2006 01 -2007 02 -2007 06 -2010 VIOLATION UNIT OF CALCULATED DATE FREQUENCY MEASURE LIMIT VALUE % OVER LIMIT 09/08/04 Once per mg/I 45 745 1,555.56 discharge 09/30/04 Once per mg/I 30 388.85 1,196.17 discharge 01/12/05 Once per mg/I 45 116 157.78 discharge 01/31/05 Once per mg/I 30 116 286.67 discharge 05/31/09 Once per mg/I 30 35.7 19 discharge VIOLATION TYPE VIOLATION ACTION Daily Maximum Exceeded No Action, BPJ Monthly Average Exceeded No Action, BPJ Daily Maximum Exceeded Proceed to Enforcement Case Monthly Average Exceeded Proceed to Enforcement Case Monthly Average Exceeded Proceed to NOV VIOLATION UNIT OF CALCULATED DATE FREQUENCY MEASURE LIMIT VALUE /o OVER LIMIT VIOLATION TYPE VIOLATION ACTION 04/30/03 Signature Missing No Action, BPJ 10/31/03 Late/Missing DMR Proceed to NOV 03/31/04 Late/Missing DMR No Action, BPJ 12/31/04 Signature Missing No Action, Data Entry Error 07/31/06 Late/Missing DMR Proceed to NOV 03/03/07 Late/Missing DMR Proceed to Enforcement Case 03/31/07 Late/Missing DMR No Action, BPJ 07/31/10 Late/Missing DMR Proceed to NOV N, Y MONITORING REPORT(MR) VIOLATIONS for: Report Date: 09/05/13 Page: 3 of 3 Permit NC0087076 MRs Between 1-2003 . and 9.2013 Region: % Violation -Cate _,gory: Programs Category: °fo �.. C Facility Name: ua` Param Name'-% County: °l� Su6basin:' a/o Violation Action: °!o �• `Major Minor %d' PERMIT: NCO087076 FACILITY: Columbia Forest Plywood Products - Columbia Forest COUNTY: McDowell REGION: Asheville Plywood Products Reporting Violation MONITORING OUTFALL / VIOLATION UNIT OF CALCULATED REPORT PPI LOCATION PARAMETER DATE FREQUENCY MEASURE LIMIT VALUE % OVER LIMIT VIOLATION TYPE VIOLATION ACTION 05 -2008 001 Effluent Solids, Total Suspended 05/31/08 Once per mg/1 Parameter Missing No Action, Data discharge Entry Error MONITORING REPORT(MR) VIOLATIONS for: Report Date: 09/05113 Page: 1 of 1 PERMIT: NCO087076 FACILITY: Columbia Forest Plywood Products - Columbia Forest COUNTY: McDowell REGION: Asheville Plywood Products Limit Violation MONITORING OUTFALL/ REPORT PPI LOCATION PARAMETER 05 -2013 001 Effluent Solids, Settleable 05 -2013 001 Effluent Solids, Settleable 05 -2009 001 Effluent Solids, Total Suspended - Concentration Reporting Violation VIOLATION UNIT OF CALCULATED DATE FREQUENCY MEASURE LIMIT VALUE % OVER LIMIT 05/05/13 Once per ml/I 0.2 0.25 25 discharge 05/31/13 Once per ml/I 0.1 0.25 150 discharge 05/31/09 Once per mg/I 30 35.7 19 discharge VIOLATION TYPE VIOLATION ACTION Daily Maximum Exceeded None Monthly Average Exceeded None Monthly Average Exceeded Proceed to NOV MONITORING OUTFALL/ VIOLATION UNIT OF CALCULATED REPORT PPI LOCATION PARAMETER DATE FREQUENCY MEASURE LIMIT VALUE % OVER LIMIT VIOLATION TYPE VIOLATION ACTION 06 -2010 07/31/10 Late/Missing DMR Proceed to NOV 05 -2008 001 Effluent Solids, Total Suspended 05/31/08 Once per mg/I Parameter Missing No Action, Data discharge Entry Error 01 / &, / / J t trritolations.`lrtonitoringViolatitns , Repartitirlolatlons _t?her•r}3atEtt ans. t trritolations.`lrtonitoringViolatitns , Repartitirlolatlons _t?her•r}3atEtt ans. " Permit. NCO087078 .Details... SOC_ s AD: `�' Detaii .. tdlonitoringReporfi 05-2013 Details Facility Dalum6ia Forest Ptywaod Products ., Defails Re ion; (sttevrlle - Cpuniy tuicDowell ; ..-- F � Owner. �ilrJrnbiaFarestPlytivoodPraduets` �; tv_laintain..y-' Incident: R• Detain._ inspe Dt Details... L� I Facility Reported As �' Compliant } NctrrCompliant .�{Vpt Reported ® is,signed; .RepartType. Dty1R ;Ou'tf _; *Lacatinn *Parameter f *Date*l?escriptian ; SOC Limit i*Calcu Unit : % O�rer`.' Actidril ' 001 Effluent Solids, Settle.__ 05105/2013 Daily Maximum ___ 0.2 025 ___ mill 25 Proceed to NOV 001 Effluent Solids, Settle... 0513112013 (utonthly Average... EJ 0.1 0.25 _._ mill 150 __ Proceed to NOV Add 5 4 2 k A 5 3 l 9A I _.illy [riitistel�lC w.'.tnitrat1OV. ,, . lnrtiatFriiorcerrr-nt .. ;itt#tertaar� awieetcrtlate c' Cancei FinishLL Help t F e 2 L1mit,Violations fauna. Ready`_ SiD VLLP a 'i _ . Pat McCrory Governor NCDENR F I L North Carolina Department of Environment and Natural Resources Division of Water .Resources Water Quality Programs Thomas A. Reeder John E Skvarla, III Director Secretary September 9, 2013 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7012 1010 0002 1967 6513 Mr. Jeffrey Wakefield Columbia Forest Plywood Products P.O. Box 1148 Old Fort, North Carolina 28762 Subj ect: Notice of Violation and Recommendation for Enforcement Tracking #: NOV-2013-LV-0508 Columbia Forest Plywood Products NPDES Permit No. NCO087076 McDowell County Dear Mr. Wakefield: A review of the May 2013 self -monitoring report for the subject facility revealed violations of the following parameter: Date Outfall Parameter Reported Value Permit Limit 05/05/2013 001 Settleable Solids 0.25 ml/ 1 0.2 ml/ 1 05/31/2013 001 Settleable Solids 0.25 ml/ 1 0.1 ml/ 1 A Notice of Violation/ Notice of Recommendation for Enforcement (NOV/ NRE) is being issued for the noted violation of North Carolina General Statute (G.S.) 143-215.1 and NPDES Permit No. NC0087076. 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 May 2013 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. DIVISION OF WATER RESOURCES—ASHEVILLE REGIONAL OFFICE Location: 2090 U.S. Highway 70, Swannanoa. North Carolina 28778 ee: 828-296-45001 Fax: 828-299-7043 hit et: ww.ncwateroualitygg qual Opportunity Affinnative Action Employer. , , Mr. Jeffrey Wakefield September 9, 2013 Page Two Remedial actions, if not already implemented, should be taken to correct any problems. The Division of Water Resources may pursue enforcement actions for this and any additional violations. If the violations are of a continuing nature, not related to operation and/or maintenance problems, and you anticipate remedial construction activities, then you may wish to consider applying for a Special Order by Consent. You may contact this office for additional information. If you have questions concerning this matter, please do not hesitate to contact Janet Cantwell or me at 828/296-4500. Sincerely, Chuck Cranford, Regional Supervisor Surface Water Protection Section Asheville Regional Office ec: —DWRs e "11e J files DWR Central Files DWR Point Source Branch GaFVQ;SI.\P',_McDowell`,Wastea•ater`;[ndustriallColumUia 37076`;NOV-NRG 2013-LV-U503.doc DIVISION OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT (FILE) Violator: Columbia Forest Plywood Products / NCO087076 (May 2013 DMR) County: McDowell Case Number: LV-2013-0176 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 Settleable Solids exceeded the permit limit by 25 %. One Monthly Average Settleable Solids exceeded the permit limit by 150 %. 3) The effect on ground or surface water quantity or quality or on air quality; All effluent violations may be detrimental to the receiving stream but may not be immediately quantified. 4) The cost of rectifying the damage; The cost is unknown. 5) The amount of money saved by noncompliance; The amount of money saved would include the cost of excess solids removal. The amount of money saved would also include the cost of implementing a program to handle problems with I & I. 6) Whether the violation was committed willfully or intentionally; It does not appear to be either. 7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and There have been no civil penalty assessments in the twelve months prior to this violation. 8) The cost to the State of the enforcement procedures. $147.50. Date G. Landon Davidson, P.G. Regional Supervisor Water Quality Section Asheville Regional Office 09/3012013 �C®R North Carolina Department of Environment and Natural Resources Division of Water Resources Water Quality Programs Pat McCrory Thomas A. Reeder John E. Skvarla, III Governor Director Secretary October 2, 2013 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Jeffrey Wakefield Columbia Forest Plywood Products P.O. Box 1148 Old Fort, North Carolina 28762 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 NCO087076 Columbia Forest Plywood Products Case No. LV-2013-0176 McDowell County Dear Mr. Wakefield: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $497.50 ($350.00 civil penalty + $147.50 enforcement costs) against Columbia Forest Plywood Products. This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report (DMR) submitted by Columbia Forest Plywood Products for the month of May 2013. This review has shown the subject facility to be in violation of the discharge limitations and/or monitoring requirements found in NPDES Permit NC0087076. The violations which occurred in May 2013 are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that Columbia Forest Plywood Products violated the terms, conditions or requirements of NPDES Permit NCO087076 and G.S. 143- 215.1(a)(6) in the manner and extent shown in Attachment A. In accordance with the maximums established by G.S. 143-215.6A(a)(2), a civil penalty may be assessed against any person who violates the terms, conditions or requirements of a permit required by G.S. 143-215.1(a). Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Resources, I, G. Landon Davidson, Division of Water Resources Regional Supervisor for the Asheville Region, hereby make the following civil penalty assessment against Columbia Forest Plywood Products: WATER QUALITY SECTION —ASHEVILLE REGIONAL OFFICE Location: 2090 U.S. Highway 70, Swannanoa, NC 28778 Phone: (828) 296-4500 FAX: (828) 299-7043 Internet: h2o.enr.state.nc.us An Equal Opportunity/Affirmative Action Employer 1 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No. $100.00 NC0087076, by discharging waste water into the waters of the State in violation of the Permit Daily Maximum limit for RES/SET. 1 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No. $250.00 NC0087076, by discharging waste water into the waters of the State in violation of the Permit Monthly Average limit for RES/SET. $350.00 TOTAL CIVIL PENALTY $147.50 Enforcement Costs $497.50 TOTAL AMOUNT DUE Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 143B- 282.1(b), which are: (1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation; (2) The duration and gravity of the violation; (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; (6) Whether the violation was committed willfully or intentionally; (7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and (8) The cost to the State of the enforcement procedures. Within thirty days of receipt of this notice, you must do one of the following: Submit payment of the penalty: Payment should be made directly to the order of the Department of Environment and Natural Resources (do not include waiver form). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). Please submit payment to the attention of: Point Source Compliance/ Enforcement Unit Division of Water Resources 1617 Mail Service Center Raleigh, North Carolina 27699-1617 2. Submit a written request for remission or mitigation including a detailed justification for such request: Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Because a remission request forecloses the option of an administrative hearing, such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation and agreement that no factual or legal issues are in dispute. Please prepare a detailed statement that establishes why you believe the civil penalty should be remitted, and submit it to the Division of Water Resources at the address listed below. In determining whether a remission request will be approved, the following factors shall be considered: (1) whether one or more of the civil penalty assessment factors in NCGS 14313-282.1(b) was wrongfully applied to the detriment of the petitioner; (2) whether the violator promptly abated continuing environmental damage resulting from the violation; (3) whether the violation was inadvertent or a result of an accident; (4) whether the violator had been assessed civil penalties for any previous violations; or (5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Please note that all evidence presented in support of your request for remission must be submitted in writing. The Director of the Division of Water Resources will review your evidence and inform you of his decision in the matter of your remission request. The response will provide details regarding the case status, directions for payment, and provision for further appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty Remissions (Committee). Please be advised that the Committee cannot consider information that was not part of the original remission request considered by the Director. Therefore, it is very important that you prepare a complete and thorough statement in support of your request for remission. In order to request remission, you must complete and submit the enclosed "Request for Remission of Civil Penalties, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form within thirty (30) days of receipt of this notice. The Division of Water Resources also requests that you complete and submit the enclosed "Justification for Remission Request." Both forms should be submitted to the following address: Point Source Compliance/ Enforcement Unit Division of Water Resources 1617 Mail Service Center Raleigh, North Carolina 27699-1617 3. File a petition for an administrative hearing with the Office of Administrative Hearings: If you wish to contest any statement in the attached assessment document you must file a petition for an administrative hearing. You may obtain the petition form from the Office of Administrative Hearings. You must file the petition with the Office of Administrative Hearings within thirty (30) days of receipt of this notice. A petition is considered filed when it is received in the Office of Administrative Hearings during normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for official state holidays. The original and one (1) copy of the petition must be filed with the Office of Administrative Hearings. The petition may be faxed - provided the original and one copy of the document is received in the Office of Administrative Hearings within five (5) business days following the faxed transmission. The mailing address for the Office of Administrative Hearings is: Office of Administrative Hearings 6714 Mail Service Center Raleigh, North Carolina 27699-6714 Telephone (919) 733-2698 Facsimile: (919) 733-3478 and Mail or hand -deliver a copy of the petition to General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh, North Carolina 27699-1601 Please indicate the case number (as found on page one of this letter) on the petition. Failure to exercise one of the options above within thirty (30) days of receipt of this letter, as evidenced by an internal date/time received stamp (not a postmark), will result in this matter being referred to the Attorney General's Office for collection of the penalty through a civil action. Please be advised that additional penalties may be assessed for violations that occur after the review period of this assessment. If you have any questions, please contact Janet Cantwell of the Water Quality staff of the Asheville Regional Office at 828-296-4500. Sincerely, G. Landon Davidson, P.G. Regional Supervisor Water Quality Section Asheville Regional Office ATTACHMENTS cc: WQ Regional Supervisor w/ attachments NPDES Point Source w/ attachments WQ Central Files w/ attachments (j:\WQ\Sib'PNIcl)owell\Wastcwat:r\Iiicitistritll\colUllthia 87076\LV-201 ' 0176.doe JUSTIFICATION FOR REMISSION REQUEST DWQ Case Number: LV-2013-0176 County: McDowell Assessed Party: Columbia Forest Plywood Products Permit No.: NC0087076 Amount Assessed: $497.50 Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form to request remission of this civil penalty. You should attach any documents that you believe support your request and are necessary for the Director to consider in evaluating your request for remission. Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 143B-282.1(c), remission of a civil penalty may be granted only when one or more of the following five factors applies. Please check each factor that you believe applies to your case and provide a detailed explanation, including copies of supporting documents, as to why the factor applies (attach additional pages as needed). (a) one or more of the civil penalty assessment factors in N.C.G.S. 143 B-2 82. 1 (b) were wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil penalty assessment document); (b) the violator promptly abated continuing environmental damage resulting from the violation (i.e., explain the steps that you took to correct the violation and prevent future occurrences); (c) the violation was inadvertent or a result of an accident (i. e., explain why the violation was unavoidable or something you could not prevent or prepare for); (d) the violator had not been assessed civil penalties for any previous violations; (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions (i.e., explain how payment of the civil penalty will prevent you from performing the activities necessary to achieve compliance). EXPLANATION: STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES COUNTY OF MCDOWELL IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND STIPULATION OF FACTS COLUMBIA FOREST PLYWOOD PRODUCTS PERMIT NO. NCO087076 ) FILE NO. LV-2013-0176 Having been assessed civil penalties totaling $497.50 for violation(s) as set forth in the assessment document of the Division of Water Resources dated October 2, 2013, 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 Columbia Forest Plywood Products CASE NUMBER: LV-2013-0176 PERMIT: NCO087076 FACILITY: Columbia Forest Plywood Products COUNTY: McDowell REGION: Asheville Limit Violations MONITORING OUTFALU PENALTY REPORT PPI VIOLATION LOCATION PARAMETER DATE FREQUENCY UNIT OF MEASURE LIMIT CALCULATED % OVER VALUE LIMIT VIOLATION TYPE $100.00 5-2013 001 $250.00 5-2013 001 Effluent RES/SET 05/05/13 Once per discharge Effluent RES/SET 05/31/13 Once per discharge ml/I 0.2 ml/I 0.1 0.25 25.00 Daily Maximum Exceeded 0.25 150.00 Monthly Average Exceeded Permit Enforcement History Details by Owner 09/30/13 1 Owner: Columbia Forest Plywood Products Facility: Columbia Forest Plywood Products Permit: NCO087076 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-2002-0673 12/16/02 $250 $100.00 $350.00 $.00 No 01/31/03 LV-2003-0450 3-2003 07/07/03 $1,250 $100.00 08/07/03 $1,350.00 No 09/22/05 LV-2005-0236 1-2005 07/15/05 $700 $100.00 08/16/05 11/21/05 $.00 05/11/06 $.00 $800.00 $.00 No 06/28/06 LR-2007-0008 1-2007 04/10/07 $500 $100.00 $.00 04/25/07 09/12/07 $.00 $600.00 $.00 No 10/04/07 LV-2013-0176 5-2013 09/30/13 $350 $147.50 $497.50 No Total Cases: 5 Total Penalty Amount: $3,050 Total Enforcement Cost: $547.50 Sum of Total Paid: $1,750.00 Total Balance Due: $1,847.50 Sum of Total Case Penalties: $3,597.50 Total Penalties after remission(s): $3,597.50 TM 4 S EFFLUENT '�'0 13 NPDES PERMIT NO._N00087076 DISCHARGE NO. 001 MONTH Mg YEAR 2013 FACILITY NAME Columbia Forest Products CLASS COUNTY McDowell CERTIFIED LABORATORY (1)_James & James Environmental CERTIFICATION NO. 482 (list additional laboratories on the backside/page 2 of this form) OPERATOR IN RESPONSIBLE CHARGE (ORC)_Bill Presnell GRADE CERTIFICATION NO. PERSON(S) COLLECTING SAMPLES James Rummel ORC PHONE_ 828 724-4191 CHECK BOX IF ORC HAS CHANGED !] NO FLOW / DISCHARGE FROM SITE Mail ORIGINAL and ONE COPY to: ATTN: CENTRAL FILES 'UN �. x '06C:�a DIVISION OF WATER QUALITY Z,(SIGNATURE OF OPERATOR IN RESPONSIBLE CHARGE) DATE 1617 MAIL SERVICE CENTER BY THIS SIGNATURE, I CERTIFY THAT THIS 'REPORT IS RALEIGH, NC 27699-1617 ACCURATE AND COMPLETE TO THE BEST OF MY KNOWLEDGE. Notes: (1) Flow was caclulated using the Rational Method, Q=CiA where: Q = Peak flow in cubic feet per second (cfs) Q = 0.045 cfs C = Runoff coefficient to reflect the ratio of rainfall to surface runoff C = 0.2 (unimproved areas) i = Rainfall intesity in inches per hour (in/hr) i = 0.13 A =Drainage area in acres (ac) A = 1.73 (2) Settleable solids analyzed past the 48 hour holding time. ^ f /�113 /0y 1D/3 - �-V- DWQ Form MR -I (I1/04) Facility Status: (Please check one of the following) All monitoring data and sampling frequencies meet permit requirements (including weekly averages, if applicable) Compliant All monitoring data and sampling frequencies do NOT meet permit requirements Noncompliant The permittee shall report to the Director or the lappropriate Regional Office any noncompliance that potentially threatens public health or the environment. Any information shall be providedorally 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. I 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 Par,'t II.E.6 of the NPDES permit. l "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." Permittee (Please print or type) yf Irermittee*** Date unless submitted electronically) PO Box 1148 Old Fort, NC 28762 (828) 724-4191 bsprouse(a)columbiaforestproducts.com 12/31/2014 Permittee Address Phone Number e-mail address Permit Expiration Date e 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 I alling the NPDES Unit at (919) 807-6300 or by visiting http://portal.ncdenr 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 Pe�mittee: If signed by other than the permittee, then the delegation of the signatory authority must be on file with the state per. 15A NCAC 2B .0506(b)(2)(D). Page 2 11colu Ibia WE CARE. FOREST PRODUCTS After all, it's our company. June 25, 2013 North Carolina Department of Environment and Natural Resources Division of Water Quality, Water Quality Section Attn: Central Files 1617 Mail Service Center Raleigh, North Carolina 27699-1617 RE: NPDES Discharge Outfall Monitoring Report Columbia Forest Products, Old Fort, North Carolina Permit No.: NCO087076 To Whom It May Concern: Please find attached the National Pollutant Discharge Elimination System (NPDES) Outfall Monitoring Reports for Columbia Forest Products located in Old Fort, North Carolina (Columbia Carolina). Columbia Carolina operates under Permit Number NC0087076. Wastewater samples were collected from Outfall 001 on May 5, 2013. This is the first discharge event from the pond since May 2009. Upon receiving results from the contracted laboratory, we discovered the sample had not been analyzed for Settleable Solids (SS). Since a sufficient quantity of the sample collected on May 5, 2013 had been retained, we submitted the sample for SS analysis. The laboratory completed the analysis on June 13, 2013. The SS analytical result was 0.25 ml/l which exceeded the daily and maximum limit. We ` expect this was likely due to the sample being analyzed beyond the hold time. All other parameters were within the permit limits. As corrective action, we completed a review of the nonconformity. There was confusion between the sampling required for the NPDES permit and the stormwater permit since discharge occurs infrequently. We have educated our staff regarding the two different permits and the sampling requirements and we will continue with this practice going forward as a part of our annual training. This information is also provided on the following page consistent with the written submission information found in Condition Part II E.6 of the permit. If you have any questions or comments, please contact me at (828) 460-6245. Sprouse -nance Manager P.O. Box 1148 369 Columbia Carolina Road Old Fort, NC 28762 P:828.724.4191 1.800.438.6069 F: 828.724.4302 www.columbiaforestproducts.com y•� t I� colu' 1 bia WE CARE. ■ FOREST PRODUCTS After all, it's our company. Condition Part H. E.6 Information Event and Description: On May 5, 2013 due to a significant rain event, discharge occurred from Outfall 001 only on that date. There has been no additional discharge. A sample was collected however the Settleable Solids (SS) was analyzed past the hold time. The SS exceeded the daily and maximum limit. We do not believe this is a valid analysis since it was tested beyond the hold time.4=-This Columbia has taken steps to prevent this from happening again. Immediate action was taken to review the nonconformity. In the process it was discovered that staff was confused with the sampling requirements of the two NPDES permits, the individual NPDES permit and the Industrial Stormwater Permit. Typically there is no discharge, so the sampling is not a routine occurrence. Rather than not submitting, Columbia submitted a sample for analysis beyond the hold time. between the two permits. ongoing annual task. P.O. Box 1148 369 Columbia Carolina Road Old Fort, NC 28762 P: 828.724.4191 1.800.438.6069 F: 828.724.4302 www.columbiaforestproducts.com as an 1 NC®ENR North Carolina Department of Environment and Natural Resources Division of Water Resources Water Quality Programs Pat McCrory Thomas A. Reeder Governor Director September 9, 2013 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Jeffrey Wakefield Columbia Forest Plywood Products P.O. Box 1148 Old Fort, North Carolina 28762 Subject: Notice of Violation and Recommendation for Enforcement Tracking #: NOV-2013-LV-0508 Columbia Forest Plywood Products NPDES Permit No. NCO087076 McDowell County Dear Mr. Wakefield: John E Skvarla, III Secretary A review of the May 2013 self -monitoring report for the subject facility revealed violations of the following parameter: Date Outfall Parameter Reported Value Permit Limit 05/05/2013 001 Settleable Solids 0.25 ml/ 1 0.2 ml/ 1 05/31/2013 001 Settleable Solids 0.25 ml/ 1 0.1 ml/ 1 A Notice of Violation/ Notice of Recommendation for Enforcement (NOV/ NRE) is being issued for the noted violation of North Carolina General Statute (G.S.) 143-215.1 and NPDES Permit No. NC0087076. 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 May 2013 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. D[VI:SION OF WATER RESOURCES—ASHEVIL LEi REGIONAL.. OFFICE Location: 2090 U.S. Highway 70. Swannanoa, North Carolina 28778 Phone: 828-296-4500\ Far 828-299-7043 Internet: ww.ncwaterouality.orq An Equal Opportunity \ Affirmative Action Employer Mr. Jeffrey Wakefield September 9, 2013 Page Two Remedial actions, if not already implemented, should be taken to correct any problems. The Division of Water Resources may pursue enforcement actions for this and any additional violations. If the violations are of a continuing nature, not related to operation and/or maintenance problems, and you anticipate remedial construction activities, then you may wish to consider applying for a Special Order by Consent. You may contact this office for additional information. If you have questions concerning this matter, please do not hesitate to contact Janet Cantwell or me at 828/296-4500. Sincerely, Chuck Cranford, Regional Supervisor Surface Water Protection Section Asheville Regional Office cc: DWR Asheville Files DWR Central Files DWR Point Source Branch G:\WQ\SWP`McDoticll\Wastc%vztter\lndustri',jP,.Columbia 87076'.NOV-NR 2013-LV-0�03.di)c r �� r�.gkist�l1!f2Q1; North Carolina Department of Environment and Natural Resources Division of Water Quality, Water Quality Section Attn: Central Files 1617 Mail Service Center Raleigh, North Carolina 27699-1617 RE: NPDES Discharge Outfall Monitoring Report - May 2013 Revision Columbia Forest Products, Old Fort, North Carolina Permit No.: NCO087076 To Whom It May Concern: Attached please find a revision to the National Pollutant Discharge Elimination System (NPDES) Discharge OutfalI Monitoring Report (DMR) for the May 2013 reporting period. Two edits have been incorporated correcting for the units reported. The first revision is for the suspended solids (SS) concentration and the second for the daily flow units. A discussion follows. We reported the SS analytical result as 0.25 ml/l, and that the result exceeded the daily and maximum limit. However, during a review of the sampling program it was identified that the SS' analytical result reported by the laboratory was 0.25 parts per million (ppm), or 0.00025 ml/l. The sample did not exceed the daily or maximum SS limit, but as previously reported the sample was analyzed for SS beyond the holding time. The second correction is for the reported flow rate. Columbia Carolina is required to monitor instantaneous flow of each discharge event. Form MR-1, available on the North Carolina Department of Environment and Natural Resources (NCDENR) website, was used for this reporting event and we inadvertently did not change the__flo_w_parameter heading from Daily Rate to Instantaneous, and the units from,mlllion gatioris per day'(M:GD)_to_gallons_per minute=(GP-NI): T eh instantaneous rate for the event was 20 GPM. --------- Ifyou have any questions, or need additional information, please contact nfe at(8K2E 40`"65 td. use ce Manager Innovating Responsibly. - PO Box 1148 369 Columbia Carolina Rd Old Fort, NC 28762 C: 828-460-6245 T: 828-724-4191 ext. 2349 F: 828-724-4066 bsprouse@cfpwood.com clumbia FOREST PRODUCTS- Oct`obe 4.,_2033 Mr. Chuck Cranford 4, Regional Supervisor North Carolina Department of Environment and Natural Resources Surface Water Protection Section 2090 US Highway 70 Swannanoa, North Carolina 28778 RE: Notice of Violation Response Letter NOV No. NOV-2013-LV-0508 Columbia Forest Products, Old Fort, North Carolina Dear Mr. Cranford: OCT a 7 2013 ''i nisa' Columbia Forest Products, Columbia Carolina Division located in Old Fort, North Carolina (Columbia Carolina) is submitting this response letter regarding Notice of Violation (NOV) number NOV-2013-LV-0508. The NOV identifies two exceedances for the Settleable Solids (SS) permit limit, May 5, 2013 (daily) and May 31, 2013 (monthly) based on Columbia Carolina's self - monitoring report for the monthly period of May 2013. Columbia Carolina did report an exceedance for May 5, 2013 on the -original self monitoring report for both the daily and monthly effluent limitations. However onkk'& s. 16 2I"De 3iiat�re ised; p t i Malang wit va.co�rer letter was s�ibmi:tte—d to.tt e Nortb Carolina Departme_nt�dffn.Vizorlment:anCi CN-atu,ra,1:7R-0"9-oli�i"6e-s4 The letter explained that the laboratory had reported SS as 0.25 ppm, or 0.00025 ml/l, which we inadvertently reported as 0.25 ml/1 on the May 2013 Discharge Monitoring Report (DMR). The sample did not exceed the daily or monthly limit. A copy of the revised DMR and cover letter following agency recommended procedures outlined in the Directions for Completing Monthly Discharge Monitoring Reports is provided with this response. Columbia Carolina did not exceed permit limits as presented in the NOV. We respectfully request that NOV number NOV-2013-LV-0508 be rescinded. If you have any questions or comments, please feel free to contact me at (828) 460-6241. e �re y,- 'n Sprouse ntenance Manager Attachment: Revised May 2013 Report, submitted August 16, 2013 Innovating May 2013 event Settleable Solids Laboratory Report Responsibly. - PO Box 1148 369 Columbia Carolina Rd Old Fort, NC 28762 C: 828-460-6245 T: 828-724-4191 ext. 2349 F: 828-724-4066 bsprouse@cfpwood.com EFFLUENT REVISED REPORT NPDES PERMIT NO. NCO097076 DISCHARGE NO. 001 MONTH May YEAR _2013 FACILITY NAME Columbia Forest Products CLASS COUNTY McDowell CERTIFIED LABORATORY (I) James & James Environmental CERTIFICATION N0. 482 (list additional laboratories on the backside/page 2 of this form) OPERATOR IN RESPONSIBLE CHARGE (ORC) Bill Presnell GRADE CERTIFICATION NO. PERSON(S) COLLECTING SAMPLES James Rummel ORC PHONE 928 724.4191 CHECK BOX IF ORC HAS CHANGED i] NO FLOW / DISCHARGE FROM SITE k Mail ORIGINAL and ONE COPY to: ATTN: CENTRAL FILES x 7 DIVISION OF WATER QUALITY (SIGNAT RE OF OPERATOR IN RESPONSIBLE CHARGE)DATB 1617 MAIL SERVICE CENTER BY THIS SIGNATURE, I CERTIFY THAT THIS REPORT IS RALEIGH, NC 27699-1617 ACCURATEAND COMPLETE TO THE BEST OF MY KNOWLEDGE. Notes: 11) Intermittent Flow event: 6 hour duration on 5/5/13 (2) Flow was caclulated using the Rational Method, Q-CiA where: Q = Peak flow in cubic feet per second (c:6) Q = 0.045 cfs C = Runoff coefficient to reflect the ratio of rainfall to surface runoff C = 0.2 (unimproved areas) i = Rainfall intesity in inches per hour (in/hr) i — 0.13 A = Drainage area in acres ('so) A - 1.73 DWQ Form MR -I (11104) Facility Status: (Please check one of the following) All monitoring data and sampling frequencies meet permit requirements (including weekly averages, if applicable) Compliant All monitoring data and sampling frequencies do NOT meet permit requirements El Noncompliant The permittee shall report to the Director or the appropriate Regional Office any noncompliance that potentially threatens public health or the environment. Any information shall be provided orally within 24 hours from the time the permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the permittee becomes aware of the circumstances. If the facility is noncompliant, please attach a list of corrective actions being taken and a time -table for improvements to be made as required by Part II.E.6 of the NPDES permit. "I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who managed the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations." Permittee (Please print or type) Signatur Permitte * Date (Require ess submitted electronically) PO Box 1148 Old Fort, NC 28762 (828) 724-4191 bsomuse(a-columbiaforestproducts.com , 12/31/2014 Permittee Address Phone Number - e-mail address Permit Expiration Date Certified Laboratory (2) Certified Laboratory (3) Certified Laboratory (4) ADDITIONAL CERTIFIED LABORATORIES Certification No. Certification No. 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). Page 2 JJEM AQUEOUS SAMPLE COLLECTION/LAB REPORT FORM (NC CERT 482) Regulated by NCDENRIDWQ-Groundwater section To assign test, label shaded area with sample type (C=composite; G=grab) CHAIN OF CUSTODY LOCATION COLUMBIA CAROLINA COUNTY SPECIALINFORMATION(S) 41 STORMWATER ID NO. INITIAL TEMP oC GRAB sample time' COMP start sample time COMP end date/ time l lr CO"OLER #.1 ^ COOLER #2 : . TEMP @RECEIPT: °C NOTE: THE ABOVE TEMP INDICATES THE TEMP. FOUR ALL CONTAINER(S) WITHIN. TEMP @RECEIPT: °C NOTE: THE ABOVE TEMP INDICATES THE TEMP. FOR ALL CONTAINER(S) WITHIN. AMMONIA SAMPLES PRESERVED WITH H2SO4, pH=<2.0 YES NO AMMONIA SAMPLES NEUTRALIZED WITH Na2SO3, CI=< 0.1 DES NO FECAL SAMPLES PRESERVED WITH Na2S03, CI=< 0.1 YES NO !I COLLECTED BY: , ALL SAMPLESQOLLECTED AND PRESERVED AT TIME OF COLLECTION IN PLASTIC CONTAINERS UNLESS NOTED OTHERIMSE BY.• RELINQUISHED BY I DATE / TIME RECEIVED BY SPLIT SAMPLE(S) INFO JUAN, ITA JAMES 6-11-13 / 1950 JUANITA JAMES ANALYSES' STORMWATER _' OAi`E -_ . _ iNl i'L.' SETTLEAB�- SOLIDS ppm E 0. 25 f f I 6/1312013 JL [; .E j .1 By the abovIe COMMENTS signature I certify that all information is accurate to the best of my knowledge. means QC not met. ■ Crii4 olete items,1¢�; and 3. Also complete iteIf_ Restri02livery is desired. ■ Print your narfie'ancf`address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece NCDENR A. Sig f � Ly t/ D__P'Agent ❑ Addressee B. Received by (Printed Name) = -C. Date of Deliver North Carolina Department of Environment and Natural Resources Division of Water Resources Surface Water Protection Section 2090 U.S. Highway 70, Swannanoa, NC 28778 Jeffrey Wakefield Columbia,forest Plywood Products Post Office Box 1148 Old Fort, NC 28762 eren$(rom item 17 ❑ Yes address belo ❑ No. 3 Service Type lCertified Mail Express Mall Registered ja�� Retum Recei o disr ❑ Insured Mail " Q C.O.D. 4. Restricted Delivery? (Extra Fee) 7012 1010 0002 1967 6513 ;/,JoUa013--LV-6, S :)c c,,— QA*i i r .hn ion, 9nod .. .. Domestic Return Receipt 102595,02-M-164 UNITED STATES POSTAL SERVICE • Sender: Please print your name, address, and ZIP+4 JANET CANTWELL NCDENR-DWq-SWP 2090 U.S. HIGHWAY 70. SWANNANOA NC 28778 v FF;Nili iffliE+FFF(i';t1�;;pPlih'Ijjf�tjF� First -Class Mail Postage $ Fees Paid LISPS Permit No. G-10 ■ Complete Items 1, 2, and 3. Also complete A. g ure ( (ow N item 4 if Restricted Delivery Is desired. slot �pZ; p Agent ■ Print your name and'address on the reverse X Itill tIPPM "j 3 Addressef so that we can return'the card toyou. B. Received by (Printed Name),- 0.•Date of Deliver) ■ Attach this card to the back of the mailpiece, ` . North Carolina Department of Ss dill rnm item T Yes �Environment and Natural Resources Ivery�� ess below: o i �- Division of Air Quality 2090 U.S. High way 70, Swannanoa, NC 28778 O NCDENR C J\ f { Jeffrey Wakefield Columbia Forest Plywood Products Post Office Box 1148 Old Fort, NC 28762 701'2 �101a. O002� 190 6 3. serviceljrpe Certified Mail 13 Express Mail Registered 'Return Recelptfor 0 insured Mail 9 C.O.D. 4. Restricted Delivery? Oft Fee) ;' If I i i i / 3S Fnrm SR11. February 2004 Domestic Return Receipt 102595-02-M-154 UNITED STATES POSTAL SERVICE First -Class Mail Postage & Fees Paid USP 111111 j ermit No. G-10 • Sender: Please print your name, address, and ZIT+;5in this box • o JANET CANTWELL ". NCDENR-DWR-WQS 2090 U.S. HIGHWAY 70 SWANNANOA NC 28778; li�lt�fj'lll�i��li�t�ll�1�3�I�s�iElii��i�'�►�°iil'1'1lf�i;F�i,lii c lumbia FOREST PRODUCTS - January 22, 2018 /P Mr. G Landon Davidson, P.G. Regional Supervisor North Carolina Department of Environment and Natural Resources Water Quality Regional Operations Section 2090 US Highway 70 Swannanoa, North Carolina 28778 RE: Notice of Violation Response Letter Tracking Number: NOV-2018-LV-0016 Columbia Forest Products, Old Fort, North Carolina Dear Mr. Davidson: CIVIo!G; •�. .. c.a 1f..�JLfC85 I 4 JAN 2 4 2018 r?per fIons Columbia Forest Products, Columbia Carolina -Division located in Old Fort,` —North _Carolina (Columbia Carolina) is submitting this res onse letter regarding Notice of Violation (NOV) tfacking number NOV-2018-LV-0016 received on January_ 11, 2018. The NOV identifies an exceedance fdr total suspended solids and settleable, solids for the daily sampIlng event on October 23, 2017. Since there was only one dischargelevent fo,r the month, the'imonthly average was also exceeded. Typically there is no discharge from the pond. On October 23, 2017 McDowell county experienced a severe storm that resulted in 2 to 5 inches of rain';throughout the county in a very short period of time causing wide spread flooding which prompted a state of emergency io be declared, the onsite rainfall total was measured at 115 inches for this stormevent. With the high intensity of the rain, excess storm water did not have time to infiltrate elsewhere`�onsite and filled the pond. The sudden increase in volume did not allow for the suspended materials tb:;settle out as'normally occurs with lighter rainfall. i Following the intense storm event, we took immediate action to evaluate the pond'` and also completed the annual inspection of the pond as., part;of our ongoing preventative maintenance program: on November 29, 2017. There were no concerns: identified'.., during the inspection. Columbia is continuing to evaluating best management practices and other options such as increasing the capacity of the pond and level control management to .prevenbAschargels from the pond during extreme precipitation~events in the future. If you have any questions of -comments, please feel free to contact me at (828) 724'1191 exk 2324 ` Sincerely, Jarrett Rhinehart 4 } Maintenance Manager t 0 Wiggs, Linda From: Hartman, Larry <Ihartman@columbiaforestproducts.com> Sent: Wednesday, January 08, 2014 6:18 AM To: Wiggs, Linda Cc: Sprouse, Brian Subject: Columbia Forest Products Compliance Evaluation Inspection Attachments: log pond stabilization 009.JPG; log pond stabilization 011.JPG Dear Ms. Wiggs, In your inspection visit on 11/22/13, you noted the "slope deficiency" at our log pond. The repairs to that problem were completed on 1/6/14. 1 have attached before and after pictures. Please contact me if there are any questions or if anything further needs to be done. Thank you. Larry Hartman Maintenance Manager Columbia Forest Products Old Fort, NC Phone: 828-724-4191 ext 2324 Cell: 828-450-7742 Ihartman@cfpwood.com - I u Imin b i ca FOREST PRODUCTS - Innovating Responsibly 1 y c lumbia FOREST PRODUCTS - June 17, 2016 Mr. Landon Davidson, P.G. Regional Supervisor North Carolina Department of Environment and Natural Resources Water Quality Regional Operations Section 2090 US Highway 70 Swannanoa, North Carolina 28778 RE: Notice of Violation Response Letter Tracking Number: , IO Columbia Forest Products, Old Fort, North Carolina Dear Mr. Davidson: Columbia Forest Products, Columbia Carolina Division located in Old Fort, North Carolina_ _ (Columbia Carolina) is submitting this response letter regarding Notice of Violation (NOV) tracki number NOV-2016-LV-0269 received on June" 7;-2016. The NOV identifies one limit exceedance for total suspended solids and a�reporting violation"regardingI[the-units reported for the effluent flow for the October 2015 Discharge ,Monitoring Report.,(DMR). On the day of October 1, 2015 Columbia Carolina reported total suspended solids at.a concentration of 64.3 with a discharge at 24 gallons perminute (GPM). Typically there is no dischargefrom the pond. The discharge occurred following six days of a storm event with over, 31/z inches of precipitation. The discharge stopped following the storm`event. As a preventative measure to reduce solids accumulation in the pond, Columbia Forest Products will be scheduling a clean out/dredging of the pond in the fall. A recirculation pump has also been ordered to place in the,pond to control algae growth. d For the flow, the drop down menu for flow, instantaneouswas marked rather than the calculated. We will make those changes in future reports. The'O,ctober DMR-has been revised to report MGD. Since we discharge rarely, as a corrective measure in the future aiiy'.DMR whexewe have load a discharge event will be reviewed for completeness by our,.,environmental consultant prior, to submittal. If you have any questions or comments, please feel free to contact me at (828) 7244i91 ext. 2324 Yr 3, t SYeRhinehart J 4 Maintenance Manager Attachment: Revised October 2015 Report, submitted June 16, 2016 ,a— EFFLUENT NPDES PERMIT NO. NCO087076 DISCHARGE 001 MONTH OCTOBER YEAR 2015 FACILITY NAME Columbia Forest Products CLASS COUNTY McDowell OPERATOR IN RESPONSIBLE CHARGE (ORC) BILL PRESNELL GRADE PHONE (828) - 724 - 4191 CERTIFIED LABORATORIES (1) mes & James Environmental (2) k box if ORC has changed PERSON(S) COLLECTING SAMPLES Greg Decker Mail ORIGINAL and ONE COPYtA:IN 22 201 x ATTN: CENTRAL FILES TUN (SIGNATURE OF OPERATOR IN RESPONSIBLE CHARGE) DATE DIVISION OF WATER QUALITY BY THIS SIGNATURE, I CERTIFY THAT THIS REPORT IS UA 1617 MAIL SERVICE CENTER ACCURATE AND COMPLETE TO THE BEST OF MY KNOWLEDGE. RALEIGH, NC27699-161735 JUN 2 3 20% • ' W. M11 •Enter • • • • ' • • • Parameter Code Below �©Above ' • RECEiV D Division of Water Resources E JUN 2 7 2011 i Water Quality Regional Operations Ashevi!1 ;ion C DWQ Fmm MR-1 f0110M Facility Status: (Please check one of the following) All monitoring data and sampling frequencies meet permit requirements All monitoring data and sampling frequencies do NOT meet permit requirements 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. `�D^e4;, tN : ll i" "I'j- LA ( r tj- _ - I -> - I r - Cx 1 Compliant ® Dv - Noncompliant "1 certify, upon 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." P. O. Box 1148 Old Fort, NC 28762 COLUM IA FOREST PRODUCTS Permit a pri nature of Permittee" ' G2GC� Cr�lle lG 8) 724-4191 12/31/2019 ne Number C:— M-.- PARAMETER CODES 00010 Temperature 00556 Oil & Grease 00951 Total Fluoride 01067 Nickel 50060 Total 00076 Turbidity 00600 Total Nitrogen 01002 Total Arsenic 01077 Silver Residual 00080 Color (Pt -Co) 00082 Color (ADMI) 00095 Conductivity 00300 Dissolved Oxygen 00310 BODS 00340 COD 00400 pH 00530 Total Suspended Residue 00545 Settleable Matter 00610,Ammonia Nitrogen 00625 Total Kjeldhal Nitrogen 00630 Nitrates/Nitrites 00665 Total Phosphorous 00720 Cyanide 00745 Total Sulfide 00927 Total Magnesium 00929 Total Sodium 00940 Total Chloride 01092 Zinc 01027 Cadmium 01105 Aluminum 01032 Hexavalent Chromium 01147 Total Selenium 01034 Chromium 31616 Fecal Coliform 32730 Total Phenolics 01037 Total Cobalt 34235 Benzene 01042 Copper 34481 Toluene 01045 Iron 38260 MBAS 01051 Lead 39516 PCBs 01062 Molybdenum 50050 Flow Parameter Code assistance may obtained by calling the Point Source Compliance/Enforcement Unit at (919) 733-5083 or by visiting the Water Quality Section's web site at h2o.enr.state.nc.us/wos and linking to the Unit's information pages. 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Daiv1r 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 Solids, Total Suspended - 10/1/2015 45 64.3 Daily Maximum Exceeded Concentration (C0530) Reporting Violation(s): Sample , Location Parameter Date Type of Violation 001 Effluent Flow to be reported in MGD per 10/1/2015 Parameter reported with invalid Unit of NPDES permit NCO087076 Measure 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. 0 State of North Carolina I Environmental Quality I Water Resources 2090 U.S. 70 Highway, Swannanoa, NC 28778 828-296-4500 Please note that the same units of measurement for the parameters listed on your NPDES permit are required to be reported on the DMR. The violation listed above is in reference to FLOW, which is required to be listed in MGD/ Million Gallons per Day. It is requested that a response be submitted in writing to this office within fifteen (15) days of receipt of this letter. If.you have any questions concerning this matter, please contact Janet Cantwell of the Asheville Regional Office at 828-296-4500. Sincerely, G. Landon Davidson, P.G., Regional Supervisor — Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDEQ Cc: C--:UVQ A hevil►e Regional Office EEn`forcement-Fiie-=ti.� NPDES Compliance/Enforcement Unit - Enforcement File G:\WR\WQ\MCDowell\Wastek^rater\Industrial\Columbia 87076\NOV-2016-LV-0269.rtf Related Permits 1,1 F:1 ilsfi flulfall Wells Sits Comrnents -�!ns ctiaris Incidents Enfarcemerrts° olatians Details 1 Details 2 Billing _ lassdD sag Eventseg; AcMfies' 28uctures j�ffiatlons Reviewers ,Permat NCOO8Z.,07fi Version, Staius- dive e Ltion +C#assificat�an _. Ef€ " _ divDf ? i=Xpiratfan`lt tadModification ttadifiedBy, oca PCNC 10110112015 0EP0412018 Steve-reid i r i Ue.signate Operators: PCNG PCNC1995491 Required, Not Active §3 0110112015 -- o s • i ,J Can you provide input as to what the "system" is for this permit and how we should classify it? I don't have a feel for what the treatment technology is or even if they need an operator... just let me know and we'll take it from there. (I'm gonna guess ... PC1 or PCNC)? Thanks! S -eve/ 1.ei & Supervisor, NC Operator Certification Program Division of Water Resources Department of Environmental Quality PH: 919.707.9108 FX:919.715.2726 steve.reid(a)-ncdenr.00v https:lldeg.nc.govlabout/divisionslwater-resourceslwastewater operator certification --: -Nothing Compare-,;.,—. ._ A CERTIFICATION PROGRAM Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties unless the content is exempt by statute or other regulation. From: SVCeDMRadmin Sent: Thursday, April 28, 2016 12:17 PM To: Reid, Steve <steve.reid@ncdenr.eov> Cc:.egoodwin@slrconsulting.com Subject: FW: eDMR Assistance Steve, Could you assist the classification issue? Emily- Steve's number is 919-707-9108 Michele From: Emily Goodwin [mailto:eeoodwin slrconsultingcom] Sent: Wednesday, April 27, 2016 7:13 PM To: SVCeDMRadmin <eDMRadmin nc.gov> Subject: eDMR Assistance I am trying to help Columbia Forest Products Permit NCO087076 submit their wastewater DMR using the eDMR system for which the facility was registered in the fall of 2015. However, when they try to create a report they get the following three error messages: Error Code Message EMCR_2001 Permit NCO087076 is not classified. EMCR_2002 Designated Operator information is missing for Permit NC0097076. E_PermitlsNotProvidedByBIMS The permit is a NPDES permit for a log pond and the operator is Bill Presnell. I spoke with Ms Janet Cantwell in the Ashville Regional office and she is unable to determine how to classify the permit within the system and allow for the submittal of DMRs. Thank you for your assistance, Emily Goodwin Emily Goodwin Associate Scientist SLR International Corporation Cell: 503-332-3627 Office: 503-723-4423 Fax: 503-723-4436 Email: egoodwin(aD-slrconsulting.com 1800 Blankenship Road, Suite 440, West Linn, OR, 97068, United States www.sirconsulting.com L R-� �_ 7VI global errrironmental solutions Confidentiality Notice and Disclaimer This communication and any attachment(s) contain information which is confidential and may also be legally privileged. It is intended for the exclusive use of the recipient(s) to whom it is addressed. If you have received this communication in error, please email us by return mail and then delete the email from your system together with any copies of it. Any views or opinions are solely those of the author and do not represent those of SLR Management Ltd, or any of its subsidiaries, unless specifically stated. Email correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties by an authorized state official. Cantwell, Janet From: Reid, Steve Sent: Monday, May 02, 2016 4:13 PM To: Cantwell, Janet Cc: Kinney, Maureen Subject: FW: eDMR Assistance Janet - Can you provide input as to what the "system" is for this permit and how we should classify it? I don't have a feel for what the treatment technology is or even if they need an operator... just let me know and we'll take it from there. (I'm gonna guess ... PC1 or PCNC)? Thanks! Sbewe.I %Reid Supervisor, NC Operator Certification Program Division of Water Resources Department of Environmental Quality PH: 919.707.9108 FX:919.715.2726 steve. reid (a),ncdenr.gov https://deq.nc.gov/about/divisions/water-resources/wast( _ "Nothing Compares--.,,,,. Email correspondence to and from this address is subject to the North Carolina Public Records Low and may be disclosed to third parties unless the content is exempt by statute or other regulation. From: SVCeDMRadmin Sent: Thursday, April 28, 2016 12:17 PM To: Reid, Steve <steve.reid@ncdenr.gov> Cc: egoodwin@slrconsulting.com Subject: FW: eDMR Assistance Steve, Could you assist the classification issue? Emily- Steve's number is 919-707-9108 Michele From: Emily Goodwin[mailto:egoodwin@slrconsulting.com] Sent: Wednesday, April 27, 2016 7:13 PM 1 To: SVCeDMRadmin <eDMRadmin@nc.gov> Subject: eDMR Assistance I am trying to help Columbia Forest Products Permit NCO087076 submit their wastewater DMR using the eDMR system for which the facility was registered in the fall of 2015. However, when they try to create a report they get the following three error messages: Error Code Message EMCR_2001 Permit NCO087076 is not classified. EMCR_2002 Designated Operator information is missing for Permit NC0097076. E PermitlsNotProvidedByBIMS The permit is a NPDES permit for a log pond and the operator is Bill Presnell. I spoke with Ms Janet Cantwell in the Ashville Regional office and she is unable to determine how to classify the permit within the system and allow for the submittal of DMRs. Thank you for your assistance, Emily Goodwin Emily Goodwin Associate Scientist SLR International Corporation Cell: 503-332-3627 Office: 503-723-4423 Fax: 503-723-4436 Email: egoodwin slrconsulting.com 1800 Blankenship Road, Suite 440, West Linn, OR, 97068, United States www.slrconsuIting.com SLK0tobal en ironrnentat solutions Confidentiality Notice and Disclaimer This communication and any attachment(s) contain information which is confidential and may also be legally privileged. It is intended for the exclusive use of the recipient(s) to whom it is addressed. If you have received this communication in error, please email us by return mail and then delete the email from your system together with any copies of it. Any views or opinions are solely those of the author and do not represent those of SLR Management Ltd, or any of its subsidiaries, unless specifically stated. Email correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties by an authorized state official. 1� I A NCDENR North Carolina Department of Environment and Natural Resources Division of Water Resources Pat McCrory Governor Attn: Jeffery Wakefield, Plant Manager Columbia Forest Products 3 69 Columbia Carolina Rd. Old Fort, NC 28762 Dear Mr. Wakefield: John E. Skvarla., III Secretary July 08, 2014 Subject: Receipt of permit renewal application NPDES Permit NCO087076 s.,um :aa 'ores_ rod,Ms_ McDowell County The NPDES Unit received your permit renewal application on July 07, 2014. A member of the NPDES Unit will review your application. They will contact you if additional information is required to complete your permit renewal. You should expect to receive a draft permit approximately 30-45 days before your existing permit expires. If you have any additional questions concerning renewal of the subject permit, please contac Char es ea. ` 19-807-6391. Sincerely, W r&,.,, TkZAo o-rd- Wren Thedford Water Quality Permitting Section cc: Central Files AgWewille Regional Offic NPDES Unit I 1 I JUL 1 1 2014 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 Phone: 919-807-63001 Fax: 919-807-64MCustomer Service: 1-877-623-6748 Internet:: www.ncwatef.orq An Equal Opportunity\Affirmative Action Employer NPDES PERMIT APPLICATION - SHORT FORM C - Minor Industrial Minor industrial, manufacturing and commercial facilities. 5. Standard Industrial Classification (SIC) code(s): 2435 6. Number of employees: 300 7. Describe the treatment system List all installed waste treatment components with capacities, describe the processes that generate wastewaters. If the space provided is not sufficient attach a separate sheet of paper with the system description. Columbia Forest Products practices wet decking where the ends of untreated logs are sprayed to prevent splitting. Beginning in March or April and continuing through October or November, the logs are sprayed with water in the log yard. Water is pumped from the log pond and sprayed within the spray basin. No chemicals are added to the water. The water is sprayed on the logs at a maximum flow rate of 800 gallons/minute and is then diverted back into the log pond by drainage ditches. During storm events resulting in approximately 2 inches or more of rain, the log pond will overflow into an overflow pond. When full, the overflow pond and log pond are both at capacity, the log pond discharges to the Catawba River. S. Is facility covered under federal effluent limitation guidelines? No ❑ Yes If yes, specify the category? Part 249 Subpart I - Discharges resulting from wet decking 9. Principal product(s) produced: Hardwood Plywood Principal raw material(s) consumed: Poplar Veneer Briefly describe the manufacturing process(es): Logs are brought to the site by trucks and are unloaded in the log yard where they are stored prior to debarking. After debarking, the logs are cut to length and loaded into one of six log soaking vats, to increase the temperature of the logs to slightly above peeling temperatures. The logs are removed from the vats and are fed to one of two lathes inside the lathe building. The resulting green veneer is clipped, sorted, and stacked. The green veneer is then transported to a veneer dryer to reduce the moisture content of the wood. The veneer is then sorted and stacked. The veneer is transported to one of four spreaders, where plywood sheets are manually assembled by alternating layers of veneer and glue. The Site purchases the hardwood veneer faces that are transported to the Site by railcar. Stacks of glued sheets are conveyed to one of three hot presses. During the press cycle, heat and pressure are applied to the sheets until the individual pieces of veneer within the sheets are permanently bonded together. After pressing, the sheets are moved to finishing where they are individually trimmed to size, patched, sanded, and packaged for transport. Page 2 of 5 C-MI 10/08 NPDES PERMIT APPLICATION - SHORT FORM C - Minor Industrial Minor industrial, manufacturing and commercial facilities. 10. Amount of principal product produced or raw material consumed List specific amounts consumed and/or units of roduction over the last three ears Product Produced or Raw Material Consumed AVERAGE Product Produced or Raw Material Consumed PEAK per Day 10,500 panels 11,000 panels per Month 210,000 panels 220,000 panels per Year 2,520,000 panels 2,640,000 panels 11. Frequency of discharge: Continuous ❑ If intermittent: Days per week discharge occurs: < 1 Intermittent Duration: 12. Types of wastewater discharged to surface waters only Discharge ' Flow . GALLONS PER DAY Sanitary - monthly average 0 Utility water, etc. - monthly average 0 Process water - monthly average NA - discharge only during large storm events (see cover letter) Stormwater - monthly average 93,000 Other - monthly average Explain: 0 Monthly Average 93,000 total discharge (all types) 13. Number of separate discharge points: 1 Outfall Identification number(s) 001 14. Name of receiving stream(s) (Provide a map showing the exact location of each outfall, including latitude and longitude): Catawba River (see Site Location map included as Figure 1) Page 3 of 5 C-MI 10/08 NPDES PERMIT APPLICATION - SHORT FORM C - Minor Industrial Minor industrial, manufacturing and commercial facilities. 15. Effluent Data [for new or proposed discharges] Provide data for the parameters listed. Temperature and pH shall be grab samples, for all other parameters 24-hour composite sampling shall be used. If more than one analysis is reported, report daily maximum and monthly average. If only one analysis is reported, report as daily maximum. NOTE: Permittees requesting renewal should complete the table ONLY for the parameters currently monitored. Summarize the east 3 vears of effluent data. Parameter Daily Maximum Monthly Leverage Units of Measurement Biochemical Oxygen Demand (BOD5) See Cover Letter Chemical Oxygen Demand (COD) Total Organic Carbon Total Suspended Solids Ammonia as N Temperature (Summer) Temperature (Winter) pH Fecal Coliform (If sanitary waste is present) Total Residual Chlorine (if chlorine is used) 16. List all permits, construction approvals and/or applications (check all that apply and provide permit numbers or check none if not applicable): Type Permit Number Type Permit Number Hazardous Waste (RCRA) UIC (SDWA) NPDES PSD (CAA) Non -attainment program (CAA) CESQG NGC210136 NESHAPS (CAA) Ocean Dumping (MPRSA) Dredge or fill (Section 404 or CWA) Other: Synthetic Minor Air Permit 04637R09 17. List any chemicals that may be discharged (Please list and explain source and potential amounts.) None Page 4 of 5 C-MI 10/08 NPDES PERMIT APPLICATION - SHORT FORM C - Minor Industrial Minor industrial, manufacturing and commercial facilities. 18. Is this facility located on Indian country? (check one) Yes ❑ No 19. Applicant Certification I certify that I am familiar with the information contained in the application and that to the best of my knowledge and belief such information is true, complete, and accurate. Jeffery Wakefield Plant Manager Printed name of Person Signing Title of A 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 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.) Page 5 of 5 k C-MI 10108 NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor Mr. Jeffery Wakefield Columbia Forest Products 369 Columbia Carolina Rd Old Fort, NC 28762 Dear Mr. Wakefield: John E. Skvarla III Secretary December 12, 2014 Subject: Issuance of NPDES Permit NCO087076 Columbia Forest Products McDowell County Division personnel have reviewed and approved your application for renewal of the subject permit. Accordingly, we are forwarding the attached NPDES discharge permit. This permit is issued pursuant to the requirements of North Carolina General Statute 143-215.1 and the Memorandum of Agreement between North Carolina and the U.S. Environmental Protection Agency dated October 15, 2007 (or as subsequently amended). This final permit has no major changes from the draft permit sent to you on October 22, 2014. If any parts, measurement frequencies or sampling requirements contained in this permit are unacceptable to you, you have the right to an adjudicatory hearing upon written request within thirty (30) days following receipt of this letter. This request must be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings (6714 Mail Service Center, Raleigh, North Carolina 27699-6714). Unless such demand is made, this decision shall be final and binding. Please note that this permit is not transferable except after notice to the Division. The Division may require modification or revocation and reissuance of the permit. This permit does not affect the legal - requirements to obtain any other Federal, State, or Local governmental permit that may be required. If you have any questions concerning this permit, please contact Charles Weaver at telephone number (919) 807- 6391. Sincerely, Thomas A. Reeder, Dire — Division of Water Resources cc: Central Files r8lae lle ' egia"'rna'1 A"fficemw HP E—+,S`uriit 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 512 North Salisbury Street, Phone: 919 807-6300 / FAX 919 807-6489 / http://portal.ncdenr.org/web/wq RECEIVED Division of Water Resources DEC 2 2 2014 North Caroli a a7604 Water Qua�ty Regional Operations p , ^ —ion-al. Office An Equal Opportunity/Affirmative Action Employer — 501/o Recycled/10% Post Consumer Paper r A Permit'NC0087076 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER RESOURCES PERMIT TO DISCHARGE WASTEWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the 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, Columbia Forest Products is hereby authorized to discharge wastewater from a facility located at Columbia Forest Products 369 Columbia Carolina Old Fort McDowell County to receiving waters designated as the Catawba River in subbasin 03-08-30 of the Catawba River Basin in accordance with effluent limitations, monitoring requirements, and .other conditions set forth in Parts I, II, III, and IV hereof. The permit shall become effective January 1, 2015. This permit and the authorization to discharge shall expire at midnight on December 31, 2019. Signed this day December 12, 2014 G Th29om'as A. Reeder, Direct Division of Water Resources By Authority of the Environmental Management Commission Page 1 of 5 Permit NCO087076 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. Columbia Forest Products is hereby authorized to: 1. Continue to operate an existing wet decking facility consisting of a settling pond and an overflow pond. This permitted facility is located at 369 Columbia Carolina Road, near Old Fort in McDowell County. 2. Discharge from said treatment works (via outfall 001) at the location specified on the attached map into the Catawba River, currently a Class C water in hydrologic unit 03050101 of the Catawba River Basin,. Page 2 of 5 Permit NCO087076 Part I A. (1) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS Beginning on the effective date of the permit and lasting until expiration, the Permittee is authorized to' discharge treated wastewater from outfall 001. Such discharges shall be limited and monitored** by the Permittee as specified below: PARAMETER EFFLUENT LIMITATIONS MONITORING REQUIREMENTS Monthly Daily Measurement Sample [PCS Code] Average Maximum Frequency Sample Type Location Flow Monitor and Report (MGD) Each event Instantaneous Effluent [500501 Total Suspended Solids 30.0 mg/L 45.0 mg/L Each event Grab Effluent [005301 Settleable Solids 0.1 ml/L 0.2 ml/L Each event Grab Effluent [00545] pH > 6.0 and < 9.0 standard units Each event Grab Effluent [004001 — — ** No later than 270 days from the effective date of this permit, the permittee shall begin submitting discharge monitoring reports electronically using the Division's eDMR system [see A. (3)]. There shall be no discharge of floating solids or visible foam in other than trace amounts. There shall be no debris discharged from the facility. A. (2) BIOCIDE CONDITION There shall be no chromium, zinc or copper added to the treatment system except as pre -approved additives to biocidal compounds. The permittee shall obtain approval from the Division's Aquatic Toxicology Branch prior to the use of any biocide (not previously approved by the Division) in the effluent discharged under this permit. Approval for use of any biocide not previously approved should be requested at least 90 days in advance of any planned usage. Contact the Aquatic Toxicology Unit for detailed instructions on requesting approval of biocides: NC DENR / DWR / Aquatic Toxicology Branch 1621 Mail Service Center Raleigh, North Carolina 27699-1621 Page 3 of 5 Permit NCO087076 A. (3) ELECTRONIC REPORTING OF DISCHARGE MONITORING REPORTS 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). The Division anticipates that these regulations will be adopted and is beginning implementation. NOTE: This special condition supplements or supersedes the following sections within Part II of this permit (Standard Conditions for NPDES Permits): • Section B. (11.) Signatory Requirements • Section D. (2.) Reporting • Section D. (6.) Records Retention • Section E. (5.) Monitoring Reports 1. Reporting (Supersedes Section D. (2.) and Section E. (5.) (a)] Beginning no later than 270 days from the effective date of this permit, the permittee shall begin reporting discharge monitoring data electronically .using the NC DWR's Electronic Discharge Monitoring Report (eDMR) internet application. Monitoring results obtained during the previous month(s) shall be summarized for each month and submitted electronically using eDMR. The eDMR system allows permitted facilities to enter monitoring data and submit DMRs electronically using the internet. Until such time that the state's eDMR application is compliant with EPA's Cross -Media Electronic Reporting Regulation (CROMERR), permittees will be required to submit all discharge monitoring data to the state electronically using eDMR and will be required to complete the eDMR submission by printing, signing, and submitting one signed original and a copy of the computer -printed eDMR to the following address: NC DENR / Division of Water Resources / Information Processing Unit ATTENTION: Central Files / eDMR 1617 Mail Service Center Raleigh, NC 27699-1617 If a permittee is unable to use the eDMR system due to a demonstrated hardship or due to the facility being physically located in an area where less than 10 percent of the households have broadband access, then a temporary waiver from the NPDES electronic reporting requirements may be granted and discharge monitoring data may be submitted on paper DMR forms (MR 1, 1. 1, 2, 3) or alternative forms approved by the Director. Duplicate signed copies shall be submitted to the mailing address above. Requests for temporary waivers from the NPDES electronic reporting requirements must be submitted in writing to the Division for written approval at least sixty (60) days prior to the date the facility would be required under this permit to begin using eDMR. Temporary waivers shall be valid for twelve (12) months and shall thereupon expire. At such time, DMRs shall be submitted electronically to the Division unless the permittee re- applies for and is granted a new temporary waiver by the Division. . Page 4 of 5 Permit NC0087076 Information on eDMR and application for a temporary waiver from the NPDES electronic reporting requirements is found on the following web page: http: / /portal.ncdenr. org/web /wq / admin/bog/ipu/edmr Regardless of the submission method, the first DMR is due on the last day of the month following the issuance of the permit or in the -case of a new facility, on the last day of the month following the commencement of discharge. 2. Signatory Requirements [Supplements Section B. (11.) (b) and supersedes Section B. (11.) (d)l All eDMRs submitted to the permit issuing authority shall be signed by a person described in Part II, Section B. (11.)(a) or by a duly authorized representative of that person as described in Part II, Section B. (11.)(b). A person, and not a position, must be delegated signatory authority for eDMR reporting purposes. For eDMR submissions, the person signing and submitting the DMR must obtain an eDMR user account and login credentials to access the eDMR system. For more information on North Carolina's eDMR system, registering for eDMR and obtaining an eDMR user account, please visit the following web page: http: / /portal.ncdenr. org/web /wq / admin /bog/ipu / edmr Certification. Any person submitting an electronic DMR using the state's eDMR system shall make the following certification [40 CFR 122.221. 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." 3. Records Retention [Supplements Section D. (6.)] The permittee shall retain records of all Discharge Monitoring Reports, including eDMR submissions. These records or copies shall be maintained for a period of at least 3 years from the date of the report. This period may be extended by request of the Director at any time [40 CFR 122.41]. Page 5 of 5 Latitude: 35'40'07" Longitude: 82'06'36" Quad: Marion, N.C. Stream Class: C Hydrologic Unit Code: 03050101 Receiving Stream: Catawba River NCO087076 Columbia Forest Products Facility Location McDowell County [map not to scale] N sS 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 N iS 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 property damage Substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage excludes economic loss caused by delays in production. Toxic Pollutant: Any pollutant listed as toxic under Section 307(a)(1) of the CWA. Upset An incident beyond the reasonable control of the Permittee causing unintentional and temporary noncompliance with permit effluent limitations and/or monitoring requirements. An upset does not include noncompliance caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation. Weekly Average (concentration limit) The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar week. In the case of fecal coliform or other bacterial parameters or indicators, the geometric mean of such discharges. Section S. General Conditions 1. Duty to Comply_ The Permittee must comply with all conditions of this permit. Any permit noncompliance constitutes a violation of the CWA and is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or denial of a permit renewal application [40 CFR 122.41]. a. The Permittee shall comply with effluent standards or prohibitions established under section 307(a) of the CWA for toxic pollutants and with standards for sewage sludge use or disposal established under section 405(d) of the CWA within the time provided in the regulations that establish these standards or prohibitions or standards for sewage sludge use or disposal, even if the permit has not yet been modified to incorporate the requirement. b. The CWA provides that any person who violates section[s] 301, 302, 306, 307, 308, 318 or 405 of the Act, or any permit condition or limitation implementing any such sections in a permit issued under section 402, or any requirement imposed in a pretreatment program approved under sections 402(a)(3) or 402(b)(8) of the Act, is subject to a civil penalty not to exceed $37,500 per day for each violation. [33 USC 1319(d) and 40 CFR 122.41(a)(2)] c. The CWA provides that any person who negligently violates sections 301, 302, 306, 307, 308, 318, or 405 of the Act, or any condition or limitation implementing any of such sections in a permit issued under section 402 of the Act, or any requirement imposed in a pretreatment program approved under section 402(a)(3) or 402(b)(8) of the Act, is subject to criminal penalties of $2,500 to $25,000 per day of violation, or Version 1110912011.1 NPDES Permit Standard 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 endangerment violation, a person shall be subject to a fine of not more than $500,000 or by imprisonment of not more than 30 years, or both. An organization, as defined in section 309(c)(3)(B)(iii) of the CWA, shall, upon conviction of violating the imminent danger provision, be subject to a fine of not more than $1,000,000 and can be fined up to $2,000,000 for second or subsequent convictions. [40 CFR 122.41(a)(2)] f. Under state law, a civil penalty of not more than $25,000 per violation may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of a permit. [North Carolina General Statutes § 143-215.6A] g. Any person may be assessed an administrative penalty by the Administrator for violating section 301, 302, 306, 307, 308, 318 or 405 of this Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of this Act. Administrative penalties for Class I violations are not to exceed $16,000 per violation, with the maximum amount of any Class I penalty assessed not to exceed $37,500. Penalties for Class II violations are not to exceed $16,000 per day for each day during which the violation continues, with the maximum amount of any Class Il penalty not to exceed $177,500. [33 USC 1319(g)(2) and 40 CFR 122.41(a)(3)] 2. Duly to Mitigate The Permittee shall take all reasonable steps to minimize or prevent any discharge or sludge use or disposal in violation of this permit with a reasonable likelihood of adversely affecting human health or the environment [40 CFR 122.41(d)]. Civil and Criminal Liability Except as provided in permit conditions on 'Bypassing" (Part II.C.4), "Upsets" (Part II.C.S) and "Power Failures" (Part II.C.7), nothing in this permit shall be construed to relieve the Permittee from any responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3, 143-215.6 or Section 309 of the Federal Act, 33 USC 1319. Furthermore, the Permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 4. Oil and Hazardous Substance Liability Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the Permittee from any responsibilities, liabilities, or penalties to which the Permittee is or may be subject to under NCGS 143- 215.75 et seq. or Section 311 of the Federal Act, 33 USG 1321. Furthermore, the Permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 5. Property Rights The issuance of this permit does not convey any property rights in either real or personal property, or any exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor any infringement of Federal, State or local laws or regulations [40 CFR 122.41(g)]. 6. Onshore or Offshore Construction This permit does not authorize or approve the construction of any onshore or offshore physical structures or facilities or the undertaking of any work in any navigable waters. Version 1110912011.1 'sS 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 Permittee to enforcement procedures as provided in NCGS 143-215.6 and 33 USC 1251 et. seq. 11. Si ng atory Requirements All applications, reports, or information submitted to the Permit Issuing Authority shall be signed and certified [40 CFR 122.41(k)]. a. All permit applications shall be signed as follows: (1) For a corporation: by a responsible corporate officer. For the purpose of this Section, a responsible corporate officer means: (a) a president, secretary, treasurer or vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision making functions for the corporation, or (b) the manager of one or more manufacturing, production, or operating facilities, provided, the manager is authorized to make management decisions which govern the operation of the regulated facility including having the explicit or implicit duty of making major capital investment recommendations, and initiating and directing other comprehensive measures to assure long term environmental compliance with environmental laws and regulations; the manager can ensure that the necessary systems are established or actions taken to gather complete and accurate information for permit application requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures. (2) For a partnership or sole proprietorship: by a general partner or the proprietor, respectively; or (3) For a municipality, State, Federal, or other public agency: by either a principal executive officer or ranking elected official [40 CFR 122.22]. b. All reports required by the permit and other information requested by the Permit Issuing Authority shall be signed by a person described in paragraph a. above or by a duly authorized representative of that person. A person is a duly authorized representative only if. (1) The authorization is made in writing by a person described above; (2) The authorization specified either an individual or a position having responsibility for the overall operation of the regulated facility or activity, such as the position of plant manager, operator of a well or well field, superintendent, a position of equivalent responsibility, or an individual or position having overall responsibility for environmental matters for the company. (A duly authorized representative may thus be either a named individual or any individual occupying a named position.); and (3) The written authorization is submitted to the Permit Issuing Authority [40 CFR 122.22] 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, trite, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations. " 12. Permit Actions This permit may be modified, revoked and reissued, or terminated for cause. The filing of a request by the Permittee for a permit modification, revocation and reissuance, or termination, or a notification of planned changes or anticipated noncompliance does not stay any permit condition [40 CFR 122.41(f)]. 13. Permit Modification, Revocation and Reissuance, or Termination The issuance of this permit does not prohibit the permit issuing authority from reopening and modifying the permit, revoking and reissuing the permit, or terminating the permit as allowed by the laws, rules, and regulations contained in Title 40, Code of Federal Regulations, Parts 122 and 123; Title 15A of the North Carolina Administrative Code, Subchapter 02H .0100; and North Carolina General Statute 143.215.1 et. al. 14. Annual Administering and Compliance Monitoring Fee Requirements The Permittee must pay the annual administering and compliance monitoring fee within thirty days after being billed by the Division. Failure to pay the fee in a timely manner in accordance with 15A NCAC 02H .0105(b)(2) may cause this Division to initiate action to revoke the permit. Section C. Operation and Maintenance of Pollution Controls 1. Certified Operator Owners of classified water pollution control systems must designate operators, certified by the Water Pollution Control System Operators Certification Commission (WPCSOCC), of the appropriate type and grade for the system, and, for each classification must [T15A NCAC 08G .0201]: a. designate one Operator In Responsible Charge (ORC) who possesses a valid certificate of the type and grade at least equivalent to the type and grade of the system; b. designate one or more Back-up Operator(s) in Responsible Charge (Back-up ORCs) who possesses a valid certificate of the type of the system and no more than one grade less than the grade of the system, with the exception of no backup operator in responsible charge is required for systems whose minimum visitation requirements are twice per year; and c. submit a signed completed "Water Pollution Control System Operator Designation Form" to the Commission (or to the local health department for owners of subsurface systems) countersigned by the designated certified operators, designating the Operator in Responsible Charge (ORC) and the Back-up Operator in Responsible Charge (Back-up ORC): (1) 60 calendar days prior to wastewater or residuals being introduced into a new system; or (2) within 120 calendar days following: ➢ receiving notification of a change in the classification of the system requiring the designation of a new Operator in Responsible Charge (ORC) and Back-up Operator in Responsible Charge (Back-up ORC) of the proper type and grade; or ➢ a vacancy in the position of Operator in Responsible Charge (ORC) or Back-up Operator in Responsible Charge (Back-up ORC). Version 1110912011.1 ?S Permit Standard Conditions Page 7of18 (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 II, III and IV facility (or the Back-up ORC, when acting as surrogate for the ORC) must: ➢ Visit the facility as often as is necessary to insure proper operation of the treatment system; the treatment facility must be visited at least five days per week, excluding holidays ➢ Properly manage and document daily operation and maintenance of the facility ➢ Comply with all other conditions of 15A NCAC 08G .0204. 2. Proper Operation and Maintenance The Permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the Permittee to achieve compliance with the conditions of this permit. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures. This provision requires the Permittee to install and operate backup or auxiliary facilities only when necessary to achieve compliance with the conditions of the permit [40 CFR 122.41(e)]. NOTE: Properly and officially designated operators are fully responsible for all proper operation and maintenance of the facility, and all documentation required thereof, whether acting as a contract operator [subcontractor] or a member of the Permittee's staff. 3. Need to Halt or Reduce not a Defense It shall not be a defense for a Permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the condition of this permit [40 CFR 122.41(c)]. 4. Bypassing of Treatment Facilities a. Bypass not exceeding limitations [40 CFR 122.41(m)(2)] The Permittee may allow any bypass to occur which does not cause effluent limitations to be exceeded, but only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the provisions of Paragraphs b. and c. of this section. b. Notice [40 CFR 122.41(m)(3)] (1) Anticipated bypass. If the Permittee knows in advance of the need for a bypass, it shall submit prior notice, if possible at least ten days before the date of the bypass; including an evaluation of the anticipated quality and effect of the bypass. (2) Unanticipated bypass. The Permittee shall submit notice of an unanticipated bypass as required in Part II.E.6. (24-hour notice). c. Prohibition of Bypass (1) Bypass from the treatment facility is prohibited and the Permit Issuing Authority may take enforcement action against a Permittee for bypass, unless: (A) Bypass was unavoidable to prevent loss of life, personal injury or severe property damage; (B) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate backup equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and (C) The Permittee submitted notices as required under Paragraph b. of this section. (2) Bypass from the collection system is prohibited and the Permit Issuing Authority may take enforcement action against a Permittee for a bypass as provided in any current or future system -wide collection system permit associated with the treatment facility. Version 1110912011.1 NPDES Permit Standard 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)1: An upset constitutes an affirmative defense to an action brought for noncompliance with such technology based permit effluent limitations if the requirements of paragraph b. of this condition are met. No determination made during administrative review of claims that noncompliance was caused by upset, and before an action for noncompliance, is final administrative action subject to judicial review. b. Conditions necessary for a demonstration of upset: Any Permittee who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that: (1) An upset occurred and that the Permittee can identify the cause(s) of the upset; (2) The Permittee facility was at the time being properly operated; and (3) The Permittee submitted notice of the upset as required in Part II.E.6.(b) of this permit. (4) The Permittee complied with any remedial measures required under Part II.B.2. of this permit. c. Burden of proof [40 CFR 122.41(n)(4)]: The Permittee seeking to establish the occurrence of an upset has the burden of proof in any enforcement proceeding. Removed Substances Solids, sludges, filter backwash, or other pollutants removed in the course of treatment or control of wastewaters shall be utilized/disposed of in accordance with NCGS 143-215.1 and in a manner such as to prevent any pollutant from such materials from entering waters of the State or navigable waters of the United States except as permitted by the Commission. The Permittee shall comply with all applicable state and Federal regulations governing the disposal of sewage sludge, including 40 CFR 503, Standards for the Use and Disposal of Sewage Sludge; 40 CFR Part 258, Criteria For Municipal Solid Waste Landfills; and 15A NCAC Subchapter 2T, Waste Not Discharged To Surface Waters. The Permittee shall notify the Permit Issuing Authority of any significant change in its sludge use or disposal practices. 7. Power Failures The Permittee is responsible for maintaining adequate safeguards (as required by 15A NCAC 02H .0124) to prevent the discharge of untreated or inadequately treated wastes during electrical power failures either by means of alternate power sources, standby generators or retention of inadequately treated effluent. Section D. Monitoring and Records Representative Sampling Samples collected and measurements taken, as required herein, shall be representative of the permitted discharge. Samples collected at a frequency less than daily shall be taken on a day and time that is representative of the discharge for the period the sample represents. All samples shall be taken at the monitoring points specified in this permit and, unless otherwise specified, before the effluent joins or is diluted by any other wastestream, body of water, or substance. Monitoring points shall not be changed without notification to and the approval of the Permit Issuing Authority [40 CFR 122.41(j)]. 2. Reporting Monitoring results obtained during the previous month(s) shall be summarized for each month and reported on a monthly Discharge Monitoring Report (DMR) Form (MR 1, 1. 1, 2, 3) or alternative forms approved by the Director, postmarked no later than the last calendar day of the month following the completed reporting period. The first DMR is due on the last day of the month following the issuance of the permit or in the case of a new facility, on the last day of the month following the commencement of discharge. Duplicate signed copies of these, and all other reports required herein, shall be submitted to the following address: Version 1110912011.1 ES Permit Standard Conditions Page 9 of 18 NC DENR / Division of Water Resources / Water Quality Permitting Section ATTENTION: Central Files 1617 Mail Service Center Raleigh, North Carolina 27699-1617 3. Flow Measurements Appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges. The devices shall be installed, calibrated and maintained to ensure that the accuracy of the measurements is consistent with the accepted capability of that type of device. Devices selected shall be capable of measuring flows with a maximum deviation of less than 10% from the true discharge rates throughout the range of expected discharge volumes. Flow measurement devices shall be accurately calibrated at a minimum of once per year and maintained to ensure that the accuracy of the measurements is consistent with the accepted capability of that type of device. The Director shall approve the flow measurement device and monitoring location prior to installation. Once -through condenser cooling water flow monitored by pump logs, or pump hour meters as specified in Part I of this permit and based on the manufacturer's pump curves shall not be subject to this requirement. 4. Test Procedures Laboratories used for sample analysis must be certified by the Division. Permittees should contact the Division's Laboratory Certification Section (919 733-3908 or http://portal.ncdenr.org/web/wq/lab/cert) for information regarding laboratory certifications. Facilities whose personnel are conducting testing of field -certified parameters only must hold the appropriate field parameter laboratory certifications. Test procedures for the analysis of pollutants shall conform to the EMC regulations (published pursuant to NCGS 143-215.63 et. seq.), the Water and Air Quality Reporting Acts, and to regulations published pursuant to Section 304(g), 33 USC 1314, of the CWA (as amended), and 40 CFR 136; or in the case of sludge use or disposal, approved under 40 CFR 136, unless otherwise specified in 40 CFR 503, unless other test procedures have been specified in this permit [40 CFR 122.41]. To meet the intent of the monitoring required by this permit, all test procedures must produce minimum detection and reporting levels that are below the permit discharge requirements and all data generated must be reported down to the minimum detection or lower reporting level of the procedure. If no approved methods are determined capable of achieving minimum detection and reporting levels below permit discharge requirements, then the most sensitive (method with the lowest possible detection and reporting level) approved method must be used. Penalties for Tampering The CWA provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any monitoring device or method required to be maintained under this permit shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. If a conviction of a person is for a violation committed after a first conviction of such person under this paragraph, punishment is a fine of not more than $20,000 per day of violation, or by imprisonment of not more than 4 years, or both [40 CFR 122.41]. 6. Records Retention Except for records of monitoring information required by this permit related to the Permittee's sewage sludge use and disposal activities, which shall be retained for a period of at least five years (or longer as required by 40 CFR 503), the Permittee shall retain records of all monitoring information, including: ➢ all calibration and maintenance records ➢ all original strip chart recordings for continuous monitoring instrumentation ➢ copies of all reports required by this permit ➢ copies of all data used to complete the application for this permit These records or copies shall be maintained for a period of at least 3 years from the date of the sample, measurement, report or application. This period may be extended by request of the Director at any time [40 CFR 122.41]. Version 1110912011.1 NPDES Permit Standard Conditions Page 10 of 18 7. Recordinz Results For each measurement or sample taken pursuant to the requirements of this permit, the Permittee shall record the following information [40 CFR 122.41]: a. The date, exact place, and time of sampling or measurements; b. The individual(s) who performed the sampling or measurements; c. The date(s) analyses were performed; d. The individual(s) who performed the analyses; e. The analytical techniques or methods used; and f. The results of such analyses. 8. Inspection and Entry The Permittee shall allow the Director, or an authorized representative (including an authorized contractor acting as a representative of the Director), upon the presentation of credentials and other documents as may be required by law, to; a. Enter, at reasonable times, upon the Permittee's premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of this permit; b. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this permit; c. Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this permit; and d. Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise authorized by the CWA, any substances or parameters at any location [40 CFR 122.41(i)]. Section E Reporting Requirements 1. Change in Discharge All discharges authorized herein shall be consistent with the terms and conditions of this permit. The discharge of any pollutant identified in this permit more frequently than or at a level in excess of that authorized shall constitute a violation of the permit. 2. Planned Changes The Permittee shall give notice to the Director as soon as possible of any planned physical alterations or additions to the permitted facility [40 CFR 122.41(1)]. Notice is required only when: a. The alteration or addition to a permitted facility may meet one of the criteria for new sources at 40 CFR 122.29(b); or b. The alteration or addition could significantly change the nature or increase the quantity of pollutants discharged. This notification applies to pollutants subject neither to effluent limitations in the permit, nor to notification requirements under 40 CFR 122.42(a)(1); or c. The alteration or addition results in a significant change in the Permittee's sludge use or disposal practices, and such alteration, addition or change may justify the application of permit conditions that are different from or absent in the existing permit, including notification of additional use or disposal sites not reported during the permit application process or not reported pursuant to an approved land application plan. 3. Anticipated Noncompliance The Permittee shall give advance notice to the Director of any planned changes to the permitted facility or other activities that might result in noncompliance with the permit [40 CFR 122.41(1)(2)]. 4. Transfers This permit is not transferable to any person without prior written notice to and approval from the Director in accordance with 40 CFR 122.61. The Director may condition approval in accordance with NCGS 143-215.1, in particular NCGS 143-215.1(b)(4)b.2., and may require modification or revocation and reissuance of the permit, or a minor modification, to identify the new permittee and incorporate such other requirements as may be necessary under the CWA [40 CFR 122.41(l)(3), 122.61] or state statute. Version 1110912011.1 ES 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(l)(7)]. 8. Other Information Where the Permittee becomes aware that it failed to submit any relevant facts in a permit application, or submitted incorrect information in a permit application or in any report to the Director, it shall promptly submit such facts or information [40 CFR 122.41(1)(8)]. 9. Noncompliance Notification The Permittee shall report by telephone to either the central office or the appropriate regional office of the Division as soon as possible, but in no case more than 24 hours or on the next working day following the occurrence or first knowledge of the occurrence of any of the following: a. Any occurrence at the water pollution control facility which results in the discharge of significant amounts of wastes which are abnormal in quantity or characteristic, such as the dumping of the contents of a sludge digester; the known passage of a slug of hazardous substance through the facility; or any other unusual circumstances. b. Any process unit failure, due to known or unknown reasons, that render the facility incapable of adequate wastewater treatment such as mechanical or electrical failures of pumps, aerators, compressors, etc. c. Any failure of a pumping station, sewer line, or treatment facility resulting in a by-pass without treatment of all or any portion of the influent to such station or facility. Persons reporting such occurrences by telephone shall also file a written report within 5 days following first knowledge of the occurrence. Also see reporting requirements for municipalities in Part IV.C.2.c. of this permit. 10. Availability of Reports Except for data determined to be confidential under NCGS 143-215.3 (a)(2) or Section 308 of the Federal Act, 33 USC 1318, all reports prepared in accordance with the terms shall be available for public inspection at the offices of the Division. As required by the Act, effluent data shall not be considered confidential. Knowingly making any false statement on any such report may result in the imposition of criminal penalties as provided for in NCGS 143- 215.1(b)(2) or in Section 309 of the Federal Act. Version 1110912011.1 NPDES Permit Standard 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 122.41]. 12. Annual Performance Reports Permittees who own or operate facilities that primarily collect or treat municipal or domestic wastewater and have an average annual flow greater than 200,000 gallons per day shall provide an annual report to the Permit Issuing Authority and to the users/customers served by the Permittee (NCGS 143-215.IC). The report shall summarize the performance of the collection or treatment system, as well as the extent to which the facility was compliant with applicable Federal or State laws, regulations and rules pertaining to water quality. The report shall be provided no later than sixty days after the end of the calendar or fiscal year, depending upon which annual period is used for evaluation. The report shall be sent to: NC DENR / Division of Water Resources / Water Quality Permitting Section ATTENTION: Central Files 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Version 1110912011.1 ES 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 1I 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 ES Permit Standard Conditions Page 15 of 18 All POTWs must provide adequate notice to the Director of the following [40 CFR 122.42(b)]: 1. Any new introduction of pollutants into the POTW from an indirect discharger, regardless of the means of transport, which would be subject to section 301 or 306 of CWA if it were directly discharging those pollutants; and 2. Any substantial change in the volume or character of pollutants being introduced by an indirect discharger as influent to that POTW at the time of issuance of the permit. 3. For purposes of this paragraph, adequate notice shall include information on (1) the quality and quantity of effluent introduced into the POTW, and (2) any anticipated impact that may result from the change of the quantity or quality of effluent to be discharged from the POTW. Section C. Municipal Control of Pollutants from Industrial Users. Effluent limitations are listed in Part I of this permit. Other pollutants attributable to inputs from Industrial Users discharging to the POTW may be present in the Permittee's discharge. At such time as sufficient information becomes available to establish limitations for such pollutants, this permit may be revised to specify effluent limitations for any or all of such other pollutants in accordance with best practicable technology or water quality standards. Prohibited Discharges a. The Permittee shall develop and enforce their Pretreatment Program to implement the prohibition against the introduction of pollutants or discharges into the waste treatment system or waste collection system which cause or contribute to Pass Through or Interference as defined in 15A NCAC 02H .0900 and 40 CFR 403. [40 CFR 403.5(a)(1)] b. The Permittee shall develop and enforce their Pretreatment Program to implement the prohibitions against the introduction of the following wastes in the waste treatment or waste collection system [40 CFR 403.5(b)]: (1) Pollutants which create a fire or explosion hazard in the POTW, including, but not limited to, wastestreams with a closed cup flashpoint of less than 140 degrees Fahrenheit or 60 degrees Centigrade using the test methods specified in 40 CFR 261.21; (2) Pollutants which cause corrosive structural damage to the POTW, but in no case discharges with pH lower than 5.0, unless the works is specifically designed to accommodate such discharges; (3) Solid or viscous pollutants in amounts which cause obstruction to the flow in the POTW resulting in Interference; (4) Any pollutant, including oxygen demanding pollutants (BOD, etc.) released in a Discharge at a flow rate and/or pollutant concentration which will cause Interference with the POTW; (5) Heat in amounts which will inhibit biological activity in the POTW resulting in Interference, but in no case heat in such quantities that the temperature at the POTW Treatment Plant exceeds 40°C (104°F) unless the Division, upon request of the POTW, approves alternate temperature limits; (6) Petroleum oil, non -biodegradable cutting oil, or products of mineral oil origin in amounts that will cause Interference or Pass Through; (7) Pollutants which result in the presence of toxic gases, vapors, or fumes within the POTW in a quantity that may cause acute worker health and safety problems; or (8) Any trucked or hauled pollutants, except at discharge points designated by the POTW. c. The Permittee shall investigate the source of all discharges into the POTW, including slug loads and other unusual discharges, which have the potential to adversely impact the Permittee's Pretreatment Program and/or the operation of the POTW. The Permittee shall report such discharges into the POTW to the Director or the appropriate Regional Office. Any information shall be provided orally within 24 hours from the time the Permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the Permittee becomes aware of the circumstances. The written submission shall contain a description of the discharge; the investigation into possible sources; the period of the discharge, including exact dates and times; if the discharge has not ceased, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance, Version 1110912011.1 NPDES Permit Standard 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 Permittee shall either develop and submit to the Division a new Pretreatment Program or, as necessary, a modification of an existing Pretreatment Program, for approval as required under section D below as well as 15A NCAC 02H .0907(a) and (b). [40 CFR 122.440)(2)] 5. This permit shall be modified, or alternatively, revoked and reissued, to incorporate or modify an approved POTW Pretreatment Program or to include a compliance schedule for the development of a POTW Pretreatment Program as required under Section 402 (b)(8) of the CWA and implementing regulations or by the requirements of the approved State pretreatment program, as appropriate. Section D. Pretreatment Programs Under authority of sections 307 (b) and (c) and 402(b)(8) of the CWA and implementing regulations 40 CFR 403, North Carolina General Statute 143-215.3(14) and implementing regulations 15A NCAC 02H .0900, and in accordance with the approved pretreatment program, all provisions and regulations contained and referenced in the pretreatment program submittal are an enforceable part of this permit. [40 CFR 122.440)(2)] The Permittee shall operate its approved pretreatment program in accordance with Section 402(b)(8) of the CWA, 40 CFR 403, 15A NCAC 02H .0900, and the legal authorities, policies, procedures, and financial provisions contained in its pretreatment program submission and Division approved modifications thereof. Such operation shall include but is not limited to the implementation of the following conditions and requirements. Terms not defined in Part II or Part IV of this permit are as defined in 15A NCAC 02H .0903 and 40 CFR 403.3. 1. Sewer Use Ordinance (SUO) The Permittee shall maintain adequate legal authority to implement its approved pretreatment program. [I 5A NCAC 02H .0903(b)(32), .0905 and .0906(b)(1); 40 CFR 403.8(f)(1) and 403.9(b)(1) and (2)] 2. Industrial Waste Survey (IWS) The Permittee shall implement an IWS consisting of the survey of users of the POTW collection system or treatment plant, as required by 40 CFR 403.8(f)(2)(i-iii) and 15A NCAC 02H .0905 [also 40 CFR 122.440)(1)], including identification of all Industrial Users that may have an impact on the POTW and the character and amount of pollutants contributed to the POTW by these Industrial Users and identification of those Industrial Users meeting the definition of SIU. Where the Permittee accepts wastewater from one or more satellite POTWs, the IWS for the Permittee shall address all satellite POTW services areas, unless the pretreatment program in those satellite service areas is administered by a separate Permittee with an approved Pretreatment Program. The Permittee shall submit a summary of its IWS activities to the Division at least once every five years, and as required by the Division. The IWS submission shall include a summary of any investigations conducted under paragraph C.2.c. of this Part. [15A NCAC 02H .0903(b)(13), .0905 and .0906(b)(2); 40 CFR 403.8(f)(2) and 403.9] 3. Monitoring Plan The Permittee shall implement a Division -approved Monitoring Plan for the collection of facility specific data to be used in a wastewater treatment plant Headworks Analysis (HWA) for the development of specific pretreatment local limits. Effluent data from the Plan shall be reported on the DMRs (as required by Parts II.D and II.E.5.). [15A NCAC 02H .0903(b)(16), .0906(b)(3) and .0905] 4. Headworks Analysis (HWA) and Local Limits The Permittee shall obtain Division approval of a HWA at least once every five years, and as required by the Division. Within 180 days of the effective date of this permit (or any subsequent permit modification) the Permittee shall submit to the Division a written technical evaluation of the need to revise local limits (i.e., an updated HWA or documentation of why one is not needed) [40 CFR 122.44]. The Permittee shall develop, in accordance with 40 CFR 403.5(c) and 15A NCAC 02H .0909, specific Local Limits to implement the prohibitions listed in 40 CFR 403.5(a) and (b) and 15A NCAC 02H .0909.. Pursuant to 40 CFR 403.5, local limits are Version 1110912011.1 ES Permit Standard Conditions Page 17 of 18 enforceable. Pretreatment Standards as defined by 40 CFR 403.3(f).. [15A NCAC 02H .0903(b)(10), .0905, and .0906(b)(4)] 5. Industrial User Pretreatment Permits (IUP) & Allocation Tables hi accordance with NCGS 143-215.1, the Permittee shall issue to all Significant Industrial Users, permits for operation of pretreatment equipment and discharge to the Permittee''s collection system or treatment works. These permits shall contain limitations; sampling protocols, reporting requirements, appropriate standard and special conditions, and compliance schedules as necessary for the installation of treatment and control technologies to assure that their wastewater discharge will meet all applicable pretreatment standards and requirements. The Permittee shall maintain a current Allocation Table (AT) which summarizes the results of the HWA and the limits from all IUPs. Permitted IUP loadings for each parameter cannot exceed the treatment capacity of the POTW as determined by the HWA. [15A NCAC 02H .0906(b)(6), .0909, .0916, and .0917; 40 CFR 403.5, 403.8(f)(1)(iii); NCGS143-215.67(a)] 6. Authorization to Construct (AtQ The Permittee shall ensure that an Authorization to Construct permit (AtQ is issued to all :applicable Industrial Users for the construction or modification of any pretreatment facility. Prior to the issuance of an AtC, the proposed pretreatment facility and treatment process must be evaluated for its capacity to comply with all Industrial User Pretreatment Permit (IUP) limitations. [15A NCAC 02H .0906(b)(7) and .0905; NCGS 143- 2.15.1(a)(8)] 7. POTW Inspection & Monitoring of their IUs The Permittee shall conduct inspection, surveillance, and monitoring activities as described in its Division approved pretreatment program in order to determine, independent of information supplied by Industrial Users; compliance with applicable pretreatment standards. [15A NCAC 02H .0908(e); 40 CFR 403.8(f)(2)(v)] The Permittee must: a. Inspect all Significant Industrial Users (SIUs) at least once per calendar year; b. Sample all Significant Industrial Users (SIUs) at least once per calendar year for all SIU permit -limited parameters including flow except as allowed under 15A NCAC .0908(e); and c. At least once per year, document an evaluation of any non -significant categorical Industrial User for compliance with the requirements in 40 CFR 403.3 (v)(2), and either continue or revoke the designation as non- significant. 8. IU Self Monitoring and Reporting The Permittee shall require all Industrial Users to comply with the applicable monitoring and reporting requirements outlined in the Division -approved pretreatment program, the industry's pretreatment permit, or in 15A NCAC 02H .0908. [15A NCAC 02H .0906(b)(5) and .0905; 40 CFR 403.8(f)(1)(v) and (2)(iii); 40 CFR 122.440)(2) and 40 CFR 403.12] 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 NPDES Permit Standard Conditions + Page 18 of 18 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 (IUs) in significant noncompliance (SNC) with pretreatment requirements, and the nature of the violations on forms or in a format provided by the Division; d. Industrial Data Summary Forms (IDSF) Monitoring data from samples .collected by both the POTW and the Significant Industrial Users (SIUs). These analytical results must be reported on Industrial Data Summary Forms (IDSF) or on other forms or in a format. provided by the Division; e. Other Information Copies of the POTW's allocation table, new or modified enforcement compliance schedules, public notice of IUs in SNC, a summary of data or other information related to significant noncompliance determinations for IUs that are not considered SIUs, and any other information, upon request, which in the opinion of the Director is needed to determine compliance with the pretreatment implementation requirements of this permit; 11. Public Notice The Permittee shall publish annually a list of Industrial Users (IUs) that were in significant noncompliance (SNC) as defined in the Permittee's Division -approved Sewer Use Ordinance with applicable pretreatment requirements and standards during the previous twelve month period. This list shall be published within four months of the applicable twelve-month period. [15A NCAC 02H .0903(b)(34), .0908(b)(5) and .0905 and 40 CFR 403.8(f)(2)(viii)] 12. Record Keeping The Permittee shall retain for a minimum of three years records of monitoring activities and results, along with support information including general records, water quality records, and records of industrial impact on the POTW and shall retain all other Pretreatment Program records as required by 15A NCAC 02H .0908(f). [15A NCAC 02H .0908(f); 40 CFR 403.12(o)] 13. Pretreatment Program Resources The Permittee shall maintain adequate funding and qualified personnel to accomplish the objectives of its approved. pretreatment program. and retain a written description of those current levels of inspection. [15A NCAC 02H .0906(b)(9) and (10) and .0905; 40 CFR 403.8(f)(3), 403.9(b)(3)] 14. Modification to Pretreatment Programs Modifications to the approved pretreatment program including but not limited to local limits modifications, POTW monitoring of their Significant Industrial Users (SIUs), and Monitoring Plan modifications, shall be considered a permit modification and shall be governed by 40 CFR 403.18, 15 NCAC 02H .0114 and 15A NCAC 02H .0907. Version 1110912011.1 ] ES Permit Standard Conditions Page 1 of 18 PART II STANDARD CONDITIONS FOR NPDES PERMITS Section A. Definitions 2/Month Samples are collected twice per month with at least ten calendar days between sampling events. These samples shall be representative of the wastewater discharged during the sample period. 3/Week Samples are collected three times per week on three separate calendar days. These samples shall be representative of the wastewater discharged during the sample period. Act or "the Act" The Federal Water Pollution Control Act, also known as the Clean Water Act (CWA), as amended, 33 USC 1251, et. seq. Annual Average The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar year. In the case of fecal coliform, the geometric mean of such discharges. Arithmetic Mean The summation of the individual values divided by the number of individual values. Bypass The known diversion of waste streams from any portion of a treatment facility including the collection system, which is not a designed or established or operating mode for the facility. Calendar 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' I ' 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 NCDENR North Carolina Department of Environment and Natural Resources Division of Water Resources Water Quality Programs Pat McCrory Thomas A. Reeder John E. Skvarla, III Governor Director Secretary December 20, 2013 Larry Hartman Columbia Forest Plywood Products PO Box 1148 Old Fort, NC 28762 SUBJECT: Compliance Evaluation Inspection Columbia Forest Plywood Products Permit No: NCO087076 McDowell County Dear Mr. Hartman: On November 22, 2013, I conducted a Compliance Evaluation Inspection. You and Brian Sprouse were present during the inspection. The facility appeared to be in compliance with permit NC0087076. The final pond had a slope deficiency that needs to be repaired. Although the inspection was for the wastewater system we did discuss your stormwater sampling as well. Please refer to the enclosed inspection report for additional observations and comments related to both permits. If you or your staff have any questions, please call me at 828-296-4500. Sincerely, Linda Wiggs Environmental Senior Specialist Asheville Regional Office Enc. Inspection Report cc: Central Files '�e'v`r11'e`IF0 R-UlftV DEMLR-Jonathan Stepp (e-copy) G:\WQ\SWP\McDowell\Wastewater\Industrial\Columbia 87076\CEI.Nov2013.Ltr.doc Water Quality Regional Operations — Asheville Regional Office 2090 U.S. Highway 70, Swannanoa, North Carolina 28778 Phone: 828-296A500 FAX: 828-299-7043 Internet: http://portal.nGdenr.org/web/wglws An Equal Opportunity \ Affirmative Action Employer "'" United States Environmental Protection Agency Form Approved. ArH Washington, D.C. 20460 EPA 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 IN I 2 15I 3I NC0087076 111 12I 13/11/22 117 18I CI 19I S I 20I Remarks 211111IIIIIIIIIIII1111IIII IIIIIIIIIIIIIIIIIIIII116 Inspection Work Days Facility Self -Monitoring Evaluation Rating B1 QA ---- - --------------Reserved-------------- 67I 169 70 IU 711 I 72 I N I 73IW I 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) 11:50 AM 13/11/22 10/01/01 Columbia Forest Plywood Products 369 Columbia Carolina Exit Time/Date Permit Expiration Date Old Fort NC 28762 01:00 PM 13/11/22 14/12/31 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 Ed Wicklander,PO Box 1148 Old Fort NC 28762//828-724-4191/8287249084 No Section C: Areas Evaluated During Inspection (Check only those areas evaluated) Operations & Maintenance 0 Facility Site Review Effluent/Receiving Waters Section D: Summary of Finding/Comments Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s) and Signature(s) of Inspector(s) Agency/Office/Phone and Fax Numbers Date Linda S Wiggs J ARO WQ//828-296-4500 Ext.4653/ . 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 (cont. 1 3I NCO087076 I11 12I 13/11/22 117 18I ^I Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) The inspector visited most of the site with Brian Sprouse and Larry Hartman, whose time was greatly appreciated. An area that needed improvement was the side slope of the final pond. By the discharge point a side slope of the pond had sloughed off and was in need of repair. We.discussed repairing the slope and determining if the ponds needed to be cleaned out as well. This facility is covered by a wastewater NPDES permit (NC0087076) and a stormwater NPDES permit (NCG210136). This inspection was related to the wastewater permit, however the stormwater permit outfalls were also observed and discussed. The following comments are to assist the permittee with proper stormwater sampling. Stormwater Discharge Outfall (SDO) #2, #3 and #4 likely need to be reviewed based on discussions. SDO #4 needs to capture the stormwater flows from the drainage trench between the main manufacturing building and the veneer unloading building. SDO #2 and #3 cannot be sampled in the stream. All stormwater samples have to be sampled at the end of pipe, prior to joining the receiving waterbody, and within the first 30 minutes of the stormwater discharging. Also discussed was the need for the wastewater permit. Mr. Sprouse stated it is rare for this system to discharge; basically only during extremely heavy rainfall years, which this year was one. The prior wastewater discharge event was 2009. Page # 2 Permit: NCO087076 Owner - Facility: Columbia Forest Plywood Products Inspection Date: 11/22/2013 Inspection Type: Compliance Evaluation Operations $ Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? ■ ❑ ❑ ❑ Does the facility analyze process control parameters, for ex: MLSS, MCRT, Settleable Solids, pH, DO, Sludge ❑ ❑ ■ ❑ Judge, and other that are applicable? Comment: 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: Lagoons Type of lagoons? # Number of lagoons in operation at time of visit? Are lagoons operated in? # Is a re -circulation line present? Is lagoon free of excessive floating materials? # Are baffles between ponds or effluent baffles adjustable? Are dike slopes clear of woody vegetation? Are weeds controlled around the edge of the lagoon? Are dikes free of seepage? Are dikes free of erosion? Are dikes free of burrowing animals? # Has the sludge blanket in the lagoon (s) been measured periodically in multiple locations? # If excessive algae is present, has barley straw been used to help control the growth? Is the lagoon surface free of weeds? Is the lagoon free of short circuiting? Comment: One side slope of the last lagoon has eroded. Columbia personnel stated that was already slated to be fixed. The sludge blanket is not measured periodically or in multiple locations. However, it was discussed that the solids would be measured to determine if the ponds needed cleaning, especially since heavy equipment may be deployed to fixed the slope. Yes No NA NE ■❑❑❑ ■❑❑❑ ❑ ❑ ■ ❑ Yes No NA NE Anaerobic 2 Series Page # 3 Pat McCrory Governor pl ` Mr. Jeffrey Wakefield Columbia Forest Plywood Products P.O. Box 1148 Old Fort, North Carolina 28762 Dear Mr. Wakefield: V na Depar>tmeli of. Enviroinment and Natural Resources f .0 Water _Res.outces ",Water,Quality Programs ''..,.'-Thomas A. Reeder,. Director N'ovember;26, 2013', Subject: RESCISSION : LV-2013-0176 May 2013 DMR Columbia Forest Plywood Products NPDES Permit No. NCO087076 McDowell County John E.. Skvarla, III Secretary On October 2, 2013, Columbia Forest Products was sent a Notice of Violation and Assessment of Civil Penalty LV-2013-0176 for Limit Violations on a Daily Max and Monthly Average Settleable Solids for the May 2013 DMR. Columbia Forest had previously, sent to Raleigh Central Files an amended DMR report and explanation that the decimal point had been incorrectly placed causing the limit violations. The facility was actually in compliance. The subject civil penalty assessment has been rescinded and no further action will be taken. If you have questions concerning this matter, please do -not hesitate to contact Janet Cantwell or me at 828/296-4500. Sincerely, G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations Asheville Regional Office cc: D1NR Asheville-Filesi DWR Central Files DWR Point Source Branch Brian Sprouse/ Maintenance Manager/ Columbia Forest Products G:\WQ\SWP',McDowe111Wastewatertlndtutrial\Colmubia 87076iRescission LV-2013-0176. 11-26-2013.doc Water Quality Regional Operations — Asheville Regional Office 2090 U.S. Highway 70, Swamtanoa, North Carolina 28778 Phone: 828-296-4500\ Fax: 828-299-7043 Internet: hffo:Hoofal,ncdenr.orv/web/wa/ws An Equal Opportunity / Affirmative Action Employer !Columbia WE CARE. FOREST PRODUCTS After all, irs our company. August 12, 2009 Aug 13 2009 1 WATER QUALITY SECTION ASNEVILL` E REGIONAL OFFICE Mr. Jeff Menzel North Carolina DENR Division of Water Quality 2090 US Highway 70 Swannanoa, North Carolina 28778 RE: Notice of Violation Response Letter NOV No. NOV-2009-LV-0332 Columbia Forest Products, Old Fort, North Carolina Dear Mr. Menzel: Columbia Forest Products, Columbia Carolina Division located in Old Fort, North Carolina (Columbia Carolina) is submitting this response letter regarding Notice of Violation (NOV) number NOV-2009-LV-0332. This NOV was issued to Columbia Carolina in response to the May 28, 2009 sampling event which produced a Total Suspended Solid (TSS) sampling result above the Monthly Average Effluent Limitation. Columbia Carolina currently operates a wet decking operation at the facility. The discharge point (Outfall 001) from the wet decking operation (at the log pond to the Catawba River) is permitted by NPDES permit No. NCO087076 which expires on December 31, 2009. Columbia Carolina submitted their renewal application on June 8, 2009. Columbia Carolina completed the construction of the overflow pond in February 2005. The overflow pond was constructed to limit the discharges to the Catawba River through Outfall 001. When full, the log pond discharges to the overflow pond. There are discharges to the river only when both ponds have reached their capacity. With the construction of the overflow pond, discharges occur infrequently to the Catawba River via Outfall 001 and only during extreme storm events. The TSS sampling result from the May 28, 2009 event was below the Daily Maximum Effluent Limitation, but just over the Monthly Average Effluent Limitation. There were no other discharge events in May 2009 to average the results. All other parameters sampled for met the Daily Maximum Effluent Limitation and the Monthly Average Effluent Limitation. Since discharges from Outfall 001 only occur during extreme storm events, it is typically not possible to collect more than one sample during a month. P.O. Box 1148 369 Columbia Carolina Road Old Fort, NC 28762 P: 828.724.4191 1.800.438.6069 F: 828.724.4302 9columbia FOREST PRODUCTS P.O. Box 1148 369 Columbia Carolina Road Old Fort, NO 28762 P: 828.724.4191 1.800.438.6069 F: 828.724.4302 WE CARE. After all tes our company. The discharge through Outfall 001 to the Catawba River during the May 28, 2009 event only occurred for less than an hour. It should also be noted that the amount of rain received in the Old Fort, North Carolina area during May 2009 was about double the average monthly May precipitation. Please find attached a "Record of River and Climatological Observations" for Old Fort, North Carolina obtained from the NOAA National Climate Data Center Image and Publication System website. According to this record, the amount of rain received in the Old Fort area for May 2009 was 9.35 inches. The average monthly May precipitation for the area is 4.37 inches (according to the Southeast Regional Climate Center (SERCC) website for Marion, North Carolina). Also, in the days leading to the May 28, 2009 discharge event, it rained over 4 inches causing the ponds to reach their capacity. The daily average rainfall for May is 0.16 inches according to the SERCC website for Marion, North Carolina (30 year average). As a remedial action, Columbia Carolina will schedule a dredging and cleaning of the log pond and overflow pond when the ponds are at a low water level. This will help ensure proper operation of the ponds and maximize the capacity of the ponds. Columbia Carolina will implement this dredging and cleaning on an as needed basis going forward. If you have any questions or comments, please feel free to contact me at (828) 724-4191. Sincerely, Ed Alkire Plant Engineer ooaoon 00000n 000noo N!® ENR North Carolina Department of Environment and Natural Resources Beverly Eaves Perdue Governor Mr. Jeffrey Wakefield Columbia Forest Plywood Products PO Box 1148 Old Fort NC 28762 Dear Mr. Wakefield: Division of Water Quality Coleen H. Sullins Director July 30, 2009 Subject: NOTICE OF VIOLATION Dee Freeman Secretary NOV-2009-LV-0332 Permit No. NCO087076 Columbia Forest Plywood Products McDowell County A review of Columbia Forest Plywood Products's monitoring report for May 2009 showed the following violation: Parameter Date Limit Value Reported Value Limit Type Solids, Total Suspended - 05/31/09 30 mg/I 35.7 mg/I Monthly Concentration Average Exceeded Remedial actions, if not already implemented, should be taken to correct any problem. 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 Jeff Menzel. 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 contact Jeff Menzel of this Office for additional information. If you should have any questions, please do not hesitate to contact Jeff Menzel at 828/296-4600. Sincerely, Roger C. Edwards, Regional Supervisor Surface Water Protection Section cc: WQ Central Files ti'�l\J�CQA s.h e�v i l lgl.!Ml NorthCarolina A7/7t11P/7//11 V' 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 G:\WPDATA\DEW QWIcdowell\Columbia 87076 e NCDENR North Carolina Department of Environmerit and NaturalResources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins . — — Governor Director rpu�N VCc'� June 10, 2009 0 Id 1 1 2009 k' JEFFERY WAKEFIELD - WATER OU LITY SECTION PLANT MANAGER F ASHEVILLE REGIONAL OFFICE COLUMBIA FOREST PRODUCTS x ` PO BOY 1148 OLD FORT NC 28762 Subject: Receipt of permit renewal application. NPDES Permit NCO087076 Columbia Forest Plywood Products McDowell County Dear Mr. Wakefield:. Freeman Secretary The NPDES Unit received your permit renewal application on June 9, 2009. 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 Tom Belnick at (919) 807-6390. Sincerely, ,((LC.PItt jzoa�� Dina Sprinkle Point Source Branch cc: CENTRAL FILES . s'Me"7 I e Regional Office/Surface Water Protection NPDES Unit Ed Alkire, Plant Engineer, Columbia Forest Products, PO Box 1148, Old Fort, NC 28762 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 One Phone: 919-807-63001 FAX: 919-807-64921 Customer Service: 1-877-623-6748 NorthCarolina Internet: www.ncwaterquality.org ���` e��� /�„ An Equal Opportunity 1 Affirmative Action Employer j i 1columbia WE CARE.. Ron FOREST PRODUCTS After al, its our company. 1?E%M0b1VED J U N 9 2009 North Carolina DENR Division of Water Quality — NPDES Unit 1617.Mail Service Center DENR - WATER QUALITY Raleigh, North Carolina 27699-1617 POINT SOURCEBRANCH ; RE: NPDES Permit No. NCO087076 Renewal Application Columbia Forest Products, Columbia Carolina Division Old Fort, North Carolina . To Whom It May Concern: - Please find enclosed the NPDES permit renewal application for' Columbia Forest. Products, Columbia Carolina Division located at 369 Columbia Carolina Road in Old Fort, North Carolina (Columbia Carolina). Columbia Carolina currently operates a wet decking operation at the facility. The discharge point (Outfall 001) from the wet decking operation (at the log pond to the Catawba River) is permitted by NPDES permit No. NCO087076-which expires on December 31, 2009. This renewal application is being submitted in accordance with Part H, Section B, Condition 10 of the permit within .180-days prior to expiration. . With the construction of the overflow pond in February 2005, discharges occur _ infrequently to the Catawba River via Outfall 001 (only during extreme events). Please find a summary of the analytical results from the most recent sampling events from Outfall 001. Prior to the August 2008 event, the previous discharge event from the log pond was in the fall of 2005. TSS Settleable ' Ip Sampling Event (mom) Solids; (mow) Olin) August 27, 2008 Sampling 41.3 0.1 7.69 Event May 28, 2009 Sampling Event 35.7 0.1 - : 7.20 Monthly Average Effluent 30 0.1 6.0 — 9.0 Limitation Daily Maximum Effluent 45 0.2 6.0 - 9.0 Limitation If you have any questions or comments, please feel" free to contact me at (828) 724-4191. Sincerely, Ed Alkire - Plant Engineer P..O. Box 1148 369 Columbia Carolina Road Old Fort, NO 28762 P: 828.724.4191 1.800.438.6069 F: 828.724.4302 _ t J U N 1 1 2009 WATER QUALITY SECTION ASHEVILLE REGIQNAL OFFICE NPDES PERMIT AP] CATION - SHORT FORM C - ] or Industrial Minor industrial, manufacturing and commercial facinties. Mail the complete application to: N. C. DENR / Division of Water Quality / NPDES Unit 1617 Mail Service Center, Raleigh, NC 27699-1617 NPDES Permit Number IN00087076 If you are completing this form in computer use the TAB key or the up - down arrows to move from one field to the next To check the boxes, click your mouse on top of the box Otherwise, please print or type. 1. Contact Informations Owner Name Facility Name Mailing Address City State / Zip Code, Telephone Number' Fax Number e-mail Address Columbia Forest Products !`nlnmhia' FnrPet Products tj 369 Columbia Carolina. Road f3� Old Fort J U nl a ;nng North Carolina, 28762 (828) 724-4191 DENR - VV6�UALITii (828) 724-4302 PAINT SOURCE -BRANCH ealkire@cfpwood.com 2. Location of facility producing discharge: Check here if same as' above Street Address or State Road City State / Zip Code County 3. Operator Information.- Name of the firm, consultant or other entity that operates the facility. (Note that this is not referring to the - Operator in Responsible Charge or ORC) Name Columbia Forest Products Mailing Address 369 Columbia Carolina Road City Old Fort - State / Zip Code North Carolina, 28762 Telephone Number (828)-724-4191 Fax Number (828) 724-4302 4. Ownership Status: NPDES PERMIT AT _ _ICATION - SHORT FORM C - nor Industrial Minor industrial, manufacturing and commercial facilities. Federal ❑ State ❑ Private ® Public ❑ NPDES PERMIT AP [CATION - SHORT FORM C -: - -nor Industrial Minor industrial, manufacturing and commercial.fae sties. 5. Standard Industrial Classification (SIC) code(s): 2435 6. Number of employees: 300 7. Describe the treatment. system List all installed waste treatment components with capacities, describe the processes that generate wastewaters. If the space provided is not sufficient attach a separate sheet of paper with the system description. , Columbia Forest Products practices wet decking where the ends of untreated logs are sprayed to prevent splitting. Beginning in .March or April and continuing through. October or November, the logs are sprayed with water in the log yard. Water is pumped from the- log -pond and sprayed within the spray basin. No chemicals are added to the water. The water is " sprayed on the logs at a maximum flow rate of 800 gallons/minute and is then diverted. back into the log pond by drainage ditches. During storm events resulting in approximately 2 .inches or more of rain, -the log pond will overflow into an overflow pond. When full, the - overflow pond and log pond are both at capacity 'the log pond discharges to -.the Catawba -River.. 8. Is facility covered under federal effluent limitation guidelines? No ❑ Yes ..If yes, specify the category? Part 429 Subpart I - Discharges resulting from wet decking 9. Principal products) produced: Hardwood Plywood principal raw material(s) -consumed: Poplar Veneer Briefly describe the manufacturing processles]: Logs are brought to the site by trucks and, are unloaded in the log yard were they are stored.prior to debarking. After debarking, the logs are cut to length and loaded into one of six log soaking vats to increase the temperature of the logs to slightly above peeling temperatures. The logs are removed from the :vats and are fed to' one of two lathes inside the lathe building. The resulting green veneer is clipped, sorted,. and. stacked: The green veneer is then transported to a veneer dryer to reduce the . moisture content of the wood. The veneer is then sorted and stacked. The veneer is transported to one of four spreaders, where plywood sheets are manually assembled by - alternating layers of veneer and glue. The ..Site purchases the hardwood veneer faces that are transported to the Site by railcar. Stacks of glued sheets are conveyed to one of three hot presses. During the press cycle, heat and pressure are applied to the sheets until the individual pieces of veneer within the sheets are permanently bonded together. After pressing, the sheets are moved to finishing where they are individually trimmed to size, patched, sanded, and packaged for transport. NPDES PERMIT API ,,.CATION --SHORT FORM C -1__ _Lor Industrial Minor industrial, manufacturing- and commercial facilities. 10. Amount of principal product produced or raw material consumed - ts med and/or units o roduction over the last three ears Lists ecz c- amoun consu Product Produced or Raw Material Product Produced or Raw Material Consumed Consumed AVERAGE PE per Day 10,500 panels 11,000 panels per Month 210,000 panels 220,000 panels .per Year 2,520,000 panels 2,640,000 panels NPDES PERMIT APk-„+CATION - SHORT FORM C - ] for Industrial Minor industrial, manufacturing and commercial facilities. 11. Frequency of discharge:. Continuous ❑ Intermittent If intermittent: Days per week discharge occurs: O Duration: O 12. Types of wastewater discharged to surface waters only Discharge Flow GALLONS PER DAY Sanitary - monthly average 0 Utility water, etc. - monthly average 0 Process water - monthly average NA- - discharge only during large storm events (see cover letter) Stormwater - monthly average 93,000 Other - monthly average - Explain: 0 Monthly Average total discharge (all types) 93,000 13. Number of separate discharge points: 1 Outfall Identification number(s) 001 14. Name of receiving stream(s) (Provide a map showing the exact location of each outfall, including latitude and longitude Catawba River (see Site Location Map included as Figure 11 15. Effluent Data Provide data for the parameters listed. Temperature and pH shall be grab samples, for all other parameters 24-hour composite sampling shall be used If multiple analyses are reported, report daily maximum and monthly average. If only one analysis is reported, report as daily maximum Parameter. Daily Maximum Monthly. Average Units of Measurement Biochemical Oxygen Demand (BOD5) See Cover Letter Chemical Oxygen Demand (COD) Total Organic Carbon Total Suspended Solids Ammonia as N Temperature (Summer) Temperature ,(Winter) pH Fecal Coliform (If sanitary waste is present) , NPDES PERMIT AP. CATION - SHORT FORM C - ; ior Industrial Minor industrial, manufacturing and commercial facilities. Total Residual Chlorine (if chlorine is used) NPDES PERMIT AP, (CATION - SHORT FORM C - _. _ior Industrial Minor industrial, manufacturing and commercial facilities. 16. List an permits, construction approvals and/or applications (check all that apply and provide permit numbers or check none if not applicablej: Permit Type _Permit Number Type Number Hazardous Waste (RCRA) CESQG NESHAPS (CAA) UIC (SDWA) Ocean Dumping (MPRSA) NPDES NGC210136 Dredge or fill (Section 404 or PSD (CAA) Other: Synthetic Minor Air Permit 04637R09 Non -attainment program 17. List any chemicals that may be discharged (Please list and explain source and potential amounts.) None 18. Is this facility located on Indian country? (check oneT Yes f] No 19. Applicant Certification I certify that I am familiar with the information contained in the application and that to the best of my knowledge and belief such information is true, complete, and accurate. Jeffery Wakefield Plant Manager Printed name of Person Signing Title 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 $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 $25,000 or imprisonment not more than 5 years, or both, for a similar offense.) REFERENCED FROM : USGS 7.5 MINUTE DUADRANGE; MARION WEST. NORTH CAROLINA 1994 ■ SCALE: 1" = 1500' WHEN PLOTTED AT 11' x 17' PAGE SIZE 0 1500 3000'- 4500' THIS DRAWING IS FOR CONCEPTUAL PURPOSES ONLY. ACTUAL LOCATIONS MAY VARY AND NOT ALL STRUCTURES ARE SHOWN. SLR i - k i..• t w a7 i` r- 114 L4 jy p-, y* k .9y7 1y * ✓ is 1Y � a , Aft �.- .. Qatawba,River' of ! �} ~ � 3 4 ��^^ 6�.��,''�`rt�,�gy S • � f _•r , 4' �/E �19+°. T'/ V� i _ as ` 1. utfali=001 µ S.�'2716:-32.1061 13 4. �'$�'• +.y, . J' � �. k': ..-Y " Y �' ice... f G a , � � . k � � ! ����! �i� ♦_ r•' .it`d �. f* .44 VC , too 141 k t ' ° � may. �' �. `p 'L R •�` ,�i.8 y �,i. «�., ,"+""` �. ,YsY'�`'e;, ,F `n .1 .a: w .yam `' � a'€'k �.>&,M �a ., •r,�, :� ���Y 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. Ed Alkire Columbia Forest Products P.O. Box 1148 Old Fort, N.C, 28762.1148 Subject: Issuance of NPDES Permit NCO087076 Columbia Forest Products McDowell County Dear Mr. Alkire: 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]. jcerely; C leen H cc: Central Files _ As evilleRegional Office/Surface Water Protection? NP�ES�`ifinat 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 512 North Salisbury Street, Raleigh, North Carolina 27604 Phone: 919 807-6300 / FAX 919 807-6495 / Internet: www.ncwaterquality.org An Equal Opportunity/Affirmative Action Employer — 50% Recycled/10% Post Consumer Paper I DEC - 1 2009 WATER QUALITY SECTION 4.S1 IEV'ILF RIE 101',!AL Or'ICE a . b! NorthCarolina Natmally Permit NCO087076 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. Columbia Forest Products is hereby authorized to: 1. Continue to operate an existing wet decking facility consisting of a settling pond and an overflow pond. This permitted facility is located at 369 Columbia Carolina Road, near Old Fort in McDowell County. 2. Discharge from said treatment works (via Outfall 001) at the location specified on the attached map into the Catawba River, currently a Class C water in hydrologic unit 03050101 of the Catawba River Basin,. Ltitude: 35°40'07" N CO087076 Pngitude: 82°06'36" Columbia Forest Products .iad: Marion, N.C. ream Class: C (drologic Unit Code: 03050101 !ceiving Stream: Catawba River Facility ;d r 1 '"i J°i' t 1•:�r X' x S� Location L McDowell County IO�/Z [map not to scale] Permit NC0087Q76 A. (1) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS Beginning on the effective date of the permit and lasting until expiration, the Permittee is authorized to discharge treated wastewater from Outfall 001. Such discharges shall be limited and monitored by the Permittee as specified below: EFFLUENT LIMITATIONS : MONITORINGREQUIREMENTS r r' ,,c t PARAMETER Monthly Daily Measurement Sample Type ' Sample Average Maximum ; Frequency s ;Location ,Y•. .. _ Flow Each event Instantaneous Effluent Total Suspended Solids 30.0 mg/L 45.0 mg/L Each event Grab Effluent Settleable Solids 0.1 ml/L 0.2 ml/L Each event Grab Effluent pH > 6.0 and < 9.0 standard units Each event Grab Effluent There shall be no discharge of floating solids or visible foam in other than trace amounts. There shall be no debris discharged from the facility. A. (2) BIOCIDE CONDITION There _shall_be no chromium, zinc or copper added to the treatment system except as pre -approved additives to biocidal compounds. The permittee shall obtain approval from the Division's Aquatic Toxicology Upit prior to the use of any biocide (not previously approved by the Division) in the effluent discharged under this permit. Approval for use of any biocide not previously approved should be requested at least 90 days in advance of any planned usage. Contact the Aquatic Toxicology Unit for detailed instructions on requesting approval of biocides: NC DENR / DWQ / Aquatic Toxicology Unit 1621 Mail Service Center Raleigh, North Carolina 27699-1621 11 CivPDES 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. 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 establisl-ied 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 Version 512009 a� AES 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/ 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. ➢ Pernuttees with wastewater treatment systems whose detention tune < 24 hours shall collect effluent grab samples at intervals of no greater than 20 minutes apart during any 24-hour period. ➢ Permittees with wastewnter treatment systems whose detention time exceeds 24 hours shall collect effluent grab samples at least every six hours; there must be a minirnu rn 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 aily D ischarge 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 aily M aximum 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 Lunitations and Monitoring Page(s). D M 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 coverage uunder 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. 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. QuarterlyAverage (concentration limit) The average of all samples taken over a calendar quarter. Severe property damaW 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 Pernuttee 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. WeeklyAverage (concentration limit) The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar week. In the case of fecal coliform, the geometric mean of such discharges. Section B. General Conditions 1. Duty to Comply The Pernuttee must comply with all conditions of this permit. Any permit noncompliance constitutes a violation of the CWA and is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or denial of a permit renewal application [40 CFR 122.411. a. The Permittee shall comply with effluent standards or prohibitions established under section 307(a) of the CWA for toxic pollutants and with standards for sewage sludge use or disposal established under section 405(d) of the CWA within the tune 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 N, —)ES 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 m a pretreatment program approved tinder sections 402 (a) (3) or 402 (b) (8) of the Act, is subject to a civil penalty not to exceed $37,500 per day for each violation. 133 USC 1319 (d) and 40 CFR 122.41 (a) (2)] c. The CWA provides that any person who ndiilyviolates sections 301, 302, 306, 307, 308, 318, or 405 of the Act, or any condition or limitation implementing any of such sections in a permit issued tinder section 402 of the Act, or any requirement imposed in a pretreatment program approved tinder 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 inprisoninent 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 wino kiud4y violates such sections, or such conditions or limitations is subject to criminal penalties of $5,000 to $50,000 per day of violation, or imprisonment for not more than 3 years, or both. In the case of a second or subsequent conviction for a knowing violation, a person shall be subject to criminal penalties of not more than $100,000 per day of violation, or imprisonment of not more than 6 years, or both. 133 USC 1319 (c) (2) and 40 CFR 122.41 (a) (2)] e. Any person who knowingly violates section 301, 302, 303, 306, 307, 308, 318 or 405 of the Act, or any permit condition or limitation implementing any of such sections in a permit issued 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(cX3XBXiii) of the CWA, shall, upon conviction of violating the imminent danger provision, be subject to a fine of not more than $1,000,000 and can be fined up to $2,000,000 for second or subsequent convictions. [40 CFR 122.41 (a) (2)] f. Under state law, a civil penalty of not more than $25,000 per violation may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of a permit. [North Carolina General Statutes 5 143-215.6A] g. Any person may be assessed an administrative penalty by the Administrator for violating section 301, 302, 306, 307, 308, 318 or 405 of this Act, or any perinit condition or limitation implementing any of such sections in a permit issued tinder section 402 of this Act. Administrative penalties for Class I violations are not to exceed $16,000 per violation, with the maximum amotunt 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 aniournt of any Class II penalty not to exceed $177,500.133 USC 1219 (g) (2) and 40 CFR 122.41 (a) (3)] 2. Duty to Miti agate The Permittee shall take all reasonable steps to minimize or prevent any discharge or sludge trse 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 ancd Criminal L iability 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 Pernnittee 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 Permttee from any responsibilities, liabilities, or penalties to winch the Permittee is or may be subject to under NCGS 143- 215.75 et seq. or Section 311 of the Federal Act, 33 USG 1321. Furthermore, the Permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 5. Property Rights The issuance of this permit does not convey any property rights in either real or personal property, or any exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor any infringement of Federal, State or local laws or regulations [40 CFR 122.41 6. Onshore or Offshore Constriction This permit does not authorize or approve the construction of any onshore or offshore physical strictures 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 Pere -tee 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. EM1ration 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 Pernttee that does not have a permit after the expiration and has not requested renewal at least 180 days prior to expiration, will subject the Permittee to enforcement procedures as provided in NCGS 143-215.6 and 33 USC 1251 et. seq. 11. Signatory Requirements All applications, reports, or information submitted to the Permit Issuing Authority shall be signed and certified [40 CFR 122.41 (k)]. a. All peiYnit 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 NrLjES 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 dilly 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: "1 certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons . directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations." 12. Permit Actions This permit may be modified, revoked and reissued, or terminated for cause. The filing of a request by the Permittee for a permit modification, revocation and reissuance, or termination, or a notification of planned changes or anticipated noncompliance does not stay any permit condition [40 CFR 122.41 (f)]. 13. Permit Modification, Revocation and Reissuance, or Termination The issuance of this permit does not prohibit the permit issuing authority from reopening and modifying the permit, revoking and reissuing the permit, or terminating the permit as allowed by the laws, riles, and regulations contained in Title 40, Code of Federal Regulations, Parts 122 and 123; Title 15A of the North Carolina Administrative Code, Subchapter 2H.0100; and North Carolina General Statute 143-215.1 et. al. 14. Annual Administering and Compliance Monitoring Fee Requirements The Permittee must pay the annual administering and compliance monitoring fee within thirty days after being billed by the Division. Failure to pay the fee in a tunely manner in accordance with 15A NCAC 21-1.0105 (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. M aintenance of Pollution Contmis 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 Pernttee must also employ one or more certified Back-up ORCs who possess a currently valid certificate of the type of the system. Back-up ORCs must possess a grade equal to (or no more than one grade less than) the grade of the system 115A 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 ➢ Comply with all other conditions of 15A NCAC 8G.0204. The ORC of each Class II, III and IV facility must: ➢ Visit the facility as often as is necessary to insure proper operation of the treatment system; the treatment facility must be visited at least five days per week, excluding holidays ➢ Properly manage and document daily operation and maintenance of the facility ➢ Complywith all other conditions of 15A NCAC 8G.0204. Once the facility is classified, the Permittee shall submit a letter to the Certification Commission designating the operator in responsible charge: a. Within 60 calendar days prior to wastewater being introduced into anew 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. Proper Operation and Maintenance The Permittee shall at all tunes 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 Pernuttee'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 NrijES 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 11. 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 Pernttee 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. Ups ets 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 Permttee 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 Pernttee 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 Pernttee 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 wastewater shall be utilized/disposed of in accordance with N CGS 143-215.1 and in a manner such as to prevent any pollutant from such materials from entering waters of the State or navigable waters of the United States. The Permittee shall comply with all existing Federal regulations governing the disposal of sewage sludge. Upon promulgation of 40 CFR Part 503, any permit issued by the Permit Issuing Authority for the utilization/ disposal of sludge may be 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 (wh(--n 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. MgW orlr ; auxlRecoids Representative Sampling Samples collectedd and measurements taken, as required herein, shall be characteristic of the volume and nature of the permitted discharge. Samplers collected at a frequency less than daily shall be taken on a day and time that is characteristic of the discharge over the entire period the sample represents. All samples shall be taken at the monitoring points specified in this permit and, unless otherwise specified, before the effluent joins or is diluted by any other wastestream, body of water, or substance. Monitoring points shall not be changed without notification to and the approval of the Permit Issuing Authority [40 CFR 122.41 (j)]. 2. Reporting Monitoring results obtained during the previous month(s) shall be summarized for each month and reported on a monthly Discharge Monitoring Report (DMR) Form (MR 1, 1.1, 2, 3) or alternative forms approved by the Director, postmarked no later than the last calendar day of the month following the completed reporting period. The first DMR is due on the last day of the month following the issuance of the permit or in the case of a new facility, on the last day of the month following the commencement of discharge. Duplicate signed copies of these, and all other reports required herein, shall be submitted to the following address: NC DENR / Division of Water Quality/ Water Quality Section ATTENTION: Central Files 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Flow Measurements Appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected and used to ensure the accuracy and .reliability of measurements of the volume of monitored discharges. The devices shall be installed, calibrated and maintained to ensure that the accuracy of the measurements is consistent with the accepted capability of that type of device. Devices selected shall be capable of measuring flows with a maximum deviation of less than 10% from the 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 httl2://1-12o.enr.stttc.nc.us/lab/cert.htm) for information regarding laboratory certifications. Version 512009 NFL) ES 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 1437215.63 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, Lidless 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 minimuun detection and reporting levels below permit discharge requirements, then the most sensitive (method with the lowest possible detection and reporting level) approved method must be used. 5. Penalties for Tampering The CWA provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any monitoring device or method required to be maintained under this permit shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. If a conviction of a person is for a violation committed after a first conviction of such person Linder 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 Pennittee'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 requiredd 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 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 Permittee shall record the following information [40 CFR 122.411: a. The date, exact place, and time of sampling or measurements; b. The individual(s) who performed the sampling or measurements; c. The date(s) analyses were performed; d. The individual(s) who performed the analyses; e. The analytical 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 bylaw, to; a. Enter upon the Permitteds premises where a regulated facility or activity is located or conducted, or where records must be kept Linder 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 (i)]. Section E R Rerntinen�ents 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 onlywhen: 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 1unitations in the permit, nor to notification requirements Linder 40 CFR 122.42 (a) 0). c. The alteration or addition results in a significant change in the Permdttee's sludge use or disposal practices, and such alteration, addition or change may justify the application of permit conditions that are different from or absent in the existing permit, including notification of additional use or disposal sites not reported during the permit application process or not reported pursuant to an approved land application plan. 3. Anticipated Noncompliance The Permittee shall give advance notice to the Director of any planned changes to the permitted facility or other activities that might result in noncompliance with the permit [40 CFR 122.41(1) (2)]. 4. Transfers This permit is not transferable to any person without 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 122.41 (1) (4)]. a. Monitoringresults 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. Twent- 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 N F u E S P ermit 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. tinder 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 subunit 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 subnut 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 unknown reasons, that render the facility incapable of adequate wastewater treatment such as mechanical or electrical failures of pumps, aerators, compressors, etc. c. Any failure of a pumping station, sewer line, or treatment facility resulting in a by-pass without treatment of all or any portion of the influent to such station or facility. Persons reporting such occurrences by telephone shall also file a written report within 5 days following first knowledge of the occurrence. 10. Availability of Reports Except for data determined to be confidential under NCGS 143-215.3 (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(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 doctment submitted or required to be maintained tinder 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 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 NPDES 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, N C 27699-1617 PART III OTHER REQUIREMENTS SectionA. Constriction 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 (AtQ permit. Issuance of an AtC will not occur Lentil Final Plans and Specifications for the proposed construction have been submitted by the Permittee and approved by the Division. Secdonl3. GroundwaterMonitorir The Permittee shall, upon written notice from the Director, conduct groundwater monitoring as maybe required to determine the compliance of this NPDES permitted facility with the current groundwater standards. SectionC. Clraies inDiscbarges ofToic 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 perinit, if that discharge will exceed the highest of the following "notification levels"; 0) One hundred micrograms per liter 000 pg/L); (2) Two hundred micrograms per liter (200 pg/L) for acrolein and acrylonitrile, five hundred micrograms per liter (500 pg/L) for 2.4-dinitrophenol and for 2-methyl-4.6-dinitrophenol; and one milligram per liter 0 mg/L) for antimony, (3) Five times the maximum concentration value reported for that pollutant in the permit application. b. That any activity has occurred or will occur which would result in any discharge, on a non -routine or infrequent basis, of a toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels"; (1) Five hundred micrograms per liter (500 p&IL); (2) One milligram per liter 0 mg/L) for antimony, (3) Ten times the maximurn concentration value reported for that pollutant in the permit application. Section D. Evaluation of Wastcuuter Dl5diMe 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 Recl WMfflgg s 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 NyuES Permit Standard Conditions Page 14 of 18 PART IV ` SPECIAL CONDITIONS FOR MUNICIPAL FACILITIES SectionA. 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 (b) (i) and (j)] Interference Inhibition or disruption of the POTW treatment processes; operations; or its sludge process, use, or disposal which causes or contributes to a violation of any requirement of the POTWs NPDE S Permit or prevents sewage sludge use or disposal in compliance with specified applicable State and Federal statutes, regulations, or permits. [15A NCAC 2H.0903 (b) (13)] Pass Through A discharge which exits the POTW into waters of the State in quantities or concentrations which, alone or with discharges from other sources, causes a violation, including an increase in the magnitude or duration of a violation, of the POTWs NPDES permit, or of an instreacn water quality standard. [15A NCAC 2H.0903 (b) (23)] Publicly Owned Treatment Works (POTW) A treatment works as defined by Section 212 of the CWA, owned by a State or local government entity. This definition includes any devices and systems used in the storage, treatment, recycling and reclamation of municipal sewage or industrial wastes of a liquid nature. It also includes sewers, pipes, and other conveyances only if they convey wastewater to a POTW. The term also means the local government entity, or municipality, as defined in section 502(4) of the CWA, which has jurisdiction over indirect discharges to and the discharges from such a treatment works. [15A NCAC 2H.0903 (b) (27)] "Sig2ificant Industrial User" or "SIU" An industrial user that discharges wastewater into a publicly owned treatment works and that 115A NCAC 2H.0903 (b) (34)1: (a) discharges an average of 25,000 gallons or more per day of process wastewater to the POTW (excluding sanitary, noncontact cooling and boiler blowdown wastewaters) or; (b) contributes more than 5 percent of the design flow of the POTW treatment plant or more than 5 percent of the maximum allowable headworks loading of the POTW treatment plant for any pollutant of concern, or; (c) is required to meet a national categorical pretreatment standard, or; (d) is, regardless of Parts (a), (b), and (c) of this definition, otherwise determined by the POTW, the Division, or the EPA to have a reasonable potential for adversely affecting the POTWs operation or for violating any pretreatment standard or requirement or POTW's receiving stream standard, or to limit the POTWs sludge disposal options. Section& Publicly Owned. TreatmentWorks (POT Ws) 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 Cy Municipal Control of Pollutants fium InclusttW Users. Effluent limitations are listed in Part I of this permit. Other pollutants attributable to inputs from industries using the municipal system may be present in the Permittee's discharge. At such time as sufficient information becomes available to establish limitations for such pollutants, this permit may be revised to specify effluent limitations for any or all of such other pollutants in accordance with best practicable technology or water quality standards. 2. Prohibited Discharges a. Under no circumstances shall the Permittee allow introduction of pollutants or discharges into the waste treatment system or waste collection system which cause or contribute to Pass Through or Interference as defined in 15A NCAC 2H.0900 and 40 CFR 403. [40 CFR 403.5 (a) (1)] b. Under no circumstances shall the Permittee allow introduction of the following wastes in the waste treatment or waste collection system [40 CFR 403.5 (b)]: 1. Pollutants which create a fire or explosion hazard in the POTW, including, but not limited to, wastestreams with a closed cup flashpoint of less than 140 degrees Fahrenheit or 60 degrees Centigrade using the test methods specified in 40 CFR 261.21; 2. Pollutants which cause corrosive structural damage to the POTW, but in no case discharges with pH lower than 5.0, unless the works is specifically designed to accommodate such discharges; 3. Solid or viscous pollutants in amounts which cause obstruction to the flow in the POTW resulting in Interference; 4. Any pollutant, including oxygen demanding pollutants (BOD, etc.) released in a Discharge at a flow rate and/or pollutant concentration which will cause interference with the POTW; 5. Heat in amounts which will 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 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 NPutS Permit Standard Conditions Page M 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 maybe necessary for the Permttee to supplement the requirements of the Federal Pretreatment Standards (40 CFR, Part 403) to ensure compliance by the Permittee with all applicable effluent limitations. Such actions by the Permittee maybe necessary regarding some or all of the industries discharging to the municipal system. 4. The Permittee shall require any industrial discharger sending its effluent to the permitted system to meet Federal Pretreatment Standards promulgated in response to Section 307(b) of the Act as amended (which includes categorical standards and locally derived limits and narrative requirements). Prior to accepting wastewater from any significant industrial user, the Permittee shall either develop and submit to the Division a new Pretreatment Program or a modification of an existing Pretreatment Program, for approval as required under section D below as well as 15A NCAC 2H.0907 (a) and (b). [40 CFR 122.44 (j) (2)] 5. This permit shall be modified, or alternatively, revoked and reissued, to incorporate or modify an approved POTW Pretreatment Program or to include a compliance schedule for the development of a POTW Pretreatment Program as required under Section 402 (b) (8) of the CWA and implementing regulations or by the requirements of the approved State pretreatment program, as appropriate. SectionD. Pretreatment P Under authority of sections 307 (b) and (c) and 402 (b) (8) of the CWA and implementing regulations 40 CFR 403, North Carolina General Statute 143-215.3 (14) and implementing regulations 15A NCAC 2H.0900, and in accordance with the approved pretreatment program, all provisions and regulations contained and referenced in the Pretreatment Program Submittal are an enforceable part of this permit. [40 CFR 122.44 (j) (2)] The Permittee shall operate its approved pretreatment program in accordance with Section 402 (b) (8) of the CWA, 40 CFR 403, 15A NCAC 2H.0900, and the legal authorities, policies, procedures, and financial provisions contained in its pretreatment program submission and Division approved modifications thereof. Such operation shall include but is not limited to the implementation of the following conditions and requirements. Terms not defined in Part II or Part IV of this permit are as defined in 15A NCAC 2H.0903 and 40 CFR 403.3. 1. Sewer Use Ordinance (SUO) The Permittee shall maintain adequate legal authority to implement its approved pretreatment program. [15A NCAC 21-1.0905 and .0906; 40 CFR 403.8 (f) (1) and 403.9 (1),(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) O-iii) and 15A NCAC 2H.0905 [also 40 CFR 122.44 Q (1)], including identification of all industrial users and the character and amo-unt 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 sLr7umary 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 II, Section D, and Section E.S.). 115A NCAC 2H.0906 (b) (2) and .0905] 4. Headworks Analysis (HWA) and Local Limits The Permittee shall obtain Division approval of a HWA at least once every five years, and as required by the Division. Within 180 days of the effective date of this permit (or any subsequent permit modification) the Permittee shall submit to the Division a written technical evaluation of the need to revise local limits (i.e., an Version 512009 I a . NPDES 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. Industrial User Pretreatment Permits (IUP) & Allocation Tables In accordance with NCGS 143-215.1, the Permittee shall issue to all significant industrial users, permits for operation of pretreatment equipment and discharge to the Permittee's treatment works. These permits shall contain limitations, sampling protocols, reporting requirements, appropriate standard and special conditions, and compliance schedules as necessary for the installation of treatment and control technologies to assure that their wastewater discharge will meet all applicable pretreatment standards and requirements. The Permittee shall maintain a current Allocation Table (AT) which summarizes the results of the HWA and the limits from all IUPs. Permitted IUP loadings for each parameter cannot exceed the treatment capacity of the POTW as determined by the HWA. [15A NCAC 2H.0909, .0916, and .0917; 40 CFR 403.5, 403.8 (f) (1) (iii); NCGS 143- 215.67 (a)] Authorization to Construct (AtC) The Permittee shall ensure that an Authorization to Construct permit (AtC) is issued to all applicable industrial users for the construction or modification of any pretreatment facility. Prior to the issuance of an AtC, the proposed pretreatment facility and treatment process must be evaluated for its capacity to comply with all Industrial User Pretreatment Permit (IUP) limitations. [15A NCAC 2H.0906 (b) (6) and .0905; NCGS 143- 215.1 (a) (8)] 7. POTW Ins=ion & Monitoring of their SIUs The Permittee shall conduct inspection, surveillance, and monitoring activities as described in its Division approved pretreatment program in order to determine, independent of information supplied by industrial users, compliance with applicable pretreatment standards. [15A NCAC 2H.0908 (d); 40 CFR 403.8 (f) (2) (v)] The Permittee must: a. Inspect all SIUs at least once per calendar year; and b. Sample all SIUs at least twice per calendar year for all permit -limited pollutants, once during the period from January 1 through June 30 and once during the period from July 1 through December 31, except for organic compounds which shall be sampled once per calendar year. For the purposes of this paragraph, "organic compounds" means the types of compounds listed in 40 CFR 136.3 (a), Tables IC, ID, and IF, as amended. 8. SIU Self Monitoring and Reporting The Permittee shall require all industrial users to comply with the applicable monitoring and reporting requirements outlined in the Division -approved pretreatment program, the industry s pretreatment permit, or in 15A NCAC 2H.0908. [15A NCAC 2H.0906 (b) (4) and .0905; 40 CFR 403.8 (f) (1) (v) and (2) (iii); 40 CFR 122.44 Q (2)] 9. Enforcement ResponsePlan (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 4035 and 15A NCAC 2H.0909, and specific local limitations. All enforcement actions shall be consistent with the E nforcement Response Plan (E RP) approved by the Division. [15A NCAC 2H.0906 (b) (7) and .0905; 40 CFR 403.8 (f) (5)] 10. Pretreatment Annual Reports (PAR) The Permittee shall report to the Division in accordance with 15A NCAC 2H.0908. In lieu of submitting annual reports, Modified Pretreatment Programs developed under 15A NCAC 2H.0904 (b) may be required to submit a partial annual report or to meet with Division personnel periodically to discuss enforcement of pretreatment requirements and other pretreatment implementation issues. Version 512009 NPDES 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 Prog[atn Summary (PPS) A pretreatment program sLunmary (PPS) on specific forms approved by the Division; c.) Significant Non Comaliance 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 (ID SF 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 POTW s allocation table, new or modified enforcement compliance schedules, public notice of SIUs in SNC, and any other information, upon request, which in the opinion of the Director is needed to determine compliance with the pretreatment implementation requirements of this permit; 11: Public Notice The Permittee shall publish annually a list of SIUs that were in SNC as defined in the Permittees 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. F15A NCAC 2H.0903 (b) (35)..0908 (b) (5) and .0905 and 40 CFR 403.8 (f) (2) (vii)] 12. Record Keeping The Permittee shall retain for a minimum of three years records of monitoring activities and results, along with support information including general records, water quality records, and records of industrial impact on the POTW. L15A NCAC 21-1.0908 (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 21-1.0114 and 15A NCAC 2H.0907. Version 512009 Facility Columbia Forest Products NPDES Permit Number NCO087076 Issued Date 09/01/02 Expiration Date 12/31 /04 County McDowell Mailing Address POB 1148 Old Fort. NC 28762 Responsible Official Marvin Jones — Plant Engineer Official's Phone Number 828.724.4191 888.737.0514 828.724.4517 fax ORC Greg Decker — Timber Manager ORC's Phone Number 828.724.4191 888.737.0514 828.724.4517 fax Location NCSR 1246 Old Fort, NC Stream Catawba River Class C 7Q10 30cfs L 4 i State of North Carolini _ Department of Environment and Natural Resources Division of Water Quality Michael F. Easley, Governor William G. Ross, Jr., Secretary Gregory J. Thorpe, Ph.D., Acting Director August 10, 2001 Ed Wicklander, Plant Engineer Columbia Forest Products P.O. Box 1148 Old Fort, North Carolina 28762 NCDENR AUG ? 0 2QOl U Subject: NPDES Permit Issuance Permit No. NCO087076 Columbia Forest Products McDowell County Dear Mr. Wicklander: Division staff have reviewed and approved your application for an NPDES discharge permit. Accordingly, the Division is forwarding the subject NPDES 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). The following items from the DRAFT permit have been retained in this FINAL permit: ■ Effluent permit limits for pH, total suspended solids, and settleable solids, and monitoring -only for flow: ■ Monitoring will be required. during each discharge event. Based on the application material submitted, discharge events are intermittent and generally occur only during large storm events when the capacity of the settling pond is exceeded. 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 a demand is made, this permit shall be final and binding. 11 Please take notice that this permit is not transferable except after notice to the Division. Part II, EA. addresses the requirements to be followed in case of change in ownership or control of this discharge. 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, the Division of Land Resources, the Coastal Area Management Act, or any other federal or local governmental permit. If you have any questions concerning this permit, please contact Tom Belnick at telephone number (919) 733- 5083, ext. 543. Sincerely, ORIGINAL SIGNED BY SUSAN A. WILSON Gregory J. Thorpe Enclosure: NPDES Permit No. NCO087076 ec: ZAsh_eg--vll Regio e, ester Qu ,;, Point Source Compliance Enforcement Unit Central Files NPDES File 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone (919) 733-5083 FAX (919) 733-0719 An Equal Opportunity Affirmative Action Employer Visit us on the INTERNET @ www.enr.state.nc.us Permit No. NCO087076 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, Columbia Forest Products is hereby authorized to discharge wastewater from a facility located at Columbia Forest Products 369 Columbia Carolina Old Fort, North Carolina McDowell County to receiving waters designated as Catawba River 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. The permit shall become effective September 1, 2001. This permit and the authorization to discharge shall expire at midnight on December 31, 2004 -__..._. Signed this day August 10, 2001 ORIGINAL SIGNED BY SUSAN A. WILSON Gregory J. Thorpe, Ph.D., Acting Director Division of Water Quality By Authority of the Environmental Management Commission SUPPLEMENT TO PERMIT COVER SHEET Columbia Forest Products is hereby authorized to: 1. Continue to operate an existing wet decking facility consisting of a settling pond and located at Columbia Forest Products, 369 Columbia Carolina, Old Fort, McDowell County, and; 2. Discharge from said treatment works (via Outfall 001) into the Catawba River, a Class C water in the Catawba River Basin, at the location specified on the attached map. T:. 00 _ Permit N0 NC 87076 A (1)._ EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS Beginning on the effective date of this permit and lasting until expiration, the Permittee is authorized to discharge treated wastewater from Outfall 001. Such discharges shall be limited and monitored by the Permittee as specified • -below:. , . - s.,,y .. y t E FFLUENT LIMIIONS,-,f TATMONITORING °�'� RE UIREMENTS 9 14"1 'ko .'+ CHARACTERISTICS Monthly Weekly k Da31y Measurement Sample Sainple,x u Average„ Averages Masimnm Frequency Type Locations x Flow Each event Instantaneous E Total Suspended Solids 30.0 mg/1 45.0 mg/1 Each event Grab E Settleable Solids 0.1 ml/1 0.2 ml/1 Each event Grab E pHz Each event Grab E Notes: 1. Sample locations: E- Effluent. 2. The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units. The permittee shall obtain authorization from the Division prior to use of any chemical additive in the discharge. The permittee shall notify the Director in writing at least ninety (90) days prior to instituting use of any additional additive in the discharge which may be toxic to aquatic life (other than additives previously approved by the Division). Such notification shall include completion of Biocide Worksheet Form 101 (if applicable), a copy of the MSDS for the additive, and a map indicating the discharge location. There shall be no chromium, zinc, or copper added to the discharge except as pre -approved additives to biocidal compounds. There shall be no discharge of floating solids or visible foam in other than trace amounts. There shall be' no debris discharged from the facility. I Creek • (1�214\\\ 1228 O it • 1j z' • ., gv i� Nip.� Outfall001 BM 1297 130 o Oj J.T-A W B 111 -• � , , • , J,� N Latitude: 350 40' 13" 1 Longitude: 82' 06' 24" USGS Quad #: EIONW River Basin #: 03-08-30 Receiving Stream: Catawba River Stream Class: C Columbia Forest Products Wet Decking McDowell County NCO087076 �® PART I (continued) Section B. Schedule of Compliance 1. The permittee shall comply with Final Effluent Limitations specified for discharges in accordance with the following schedule: Permittee shall comply with Final Effluent Limitations by the effective date of the permit unless specified below. 2. Permittee shall at all times provide the operation and maintenance necessary to operate the existing facilities at optimum efficiency. No later than 14 calendar days following a date identified in the above schedule of compliance, the permittee shall submit either a report of progress or, in the case of specific actions being required by identified dates, a written notice of compliance or noncompliance. In the latter case, the notice shall include the cause of noncompliance, any remedial actions taken, and the probability of meeting the next schedule requirements. PART II STANDARD CONDITIONS FOR NPDES PERMITS SECTION A. DEFINITIONS 1. Permit Issuing Authority: The Director of the Division of Water Quality. 2. DEM or "the Division" Means the Division of Water Quality, Department of Environment and Natural Resources. 3. EMC Used herein means the North Carolina Environmental Management Commission. 4. Act or "the Act" The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 USC 1251, et. seq. 5. Mass/Day Measurements a. The is defined as the total mass of all daily discharges sampled and/or measured during a calendar month on which daily discharges are sampled and measured, divided by the number of daily discharges sampled and/or measured during such month. It is therefore, an arithmetic mean found by adding the weights of the pollutant found each day of the month and then dividing this sum by the number of days the tests were reported. The limitation is identified as "Monthly Average" in Part I of the permit. b. The "weekly average discharge" is defined as the total mass of all daily discharges sampled and/or measured during the calendar week (Sunday - Saturday) on which daily discharges are sampled and measured, divided by the number of daily discharges sampled and/or measured during such week. It is, therefore, an arithmetic mean found by adding the weights of pollutants found each day of the week and then dividing this sum by the number of days the tests were reported. This limitation is identified as "Weekly Average" in Part I of the permit. c. Thesclarge" is the total mass (weight) of a pollutant discharged during a calendar day°LIf�' ,only^oneple is taken during any calendar day the weight of pollutant calculated from it is the "maximum daily discharge." This limitation is identified as "Daily Maximum," in Part I of the permit. d. The "average annual discharge" is defined as the total mass of all daily discharges sampled and/or measured during the calendar year on which daily discharges are sampled and measured, divided by the number of daily discharges sampled and/or measured during such year. It is, therefore, an arithmetic mean found by adding the weights of pollutants found each day of the year and then dividing this sum by the number of days the tests were reported. This limitation is defined as "Annual Average" in Part I of the permit. 6. Concentration Measurement a. The "average monthly concentration," other than for fecal coliform bacteria, is the sum of the concentrations of all daily discharges sampled and/or measured during a calendar month on which daily discharges are sampled and measured, divided by the number of daily discharges sampled and/or measured during such month (arithmetic mean of the daily concentration values). The daily concentration value is equal to the concentration of a composite sample or in the case of grab samples is the arithmetic mean (weighted by flow value) of all the samples collected during that calendar day. The average monthly count for fecal coliform bacteria is the geometric mean of the counts for samples collected during a calendar month. This limitation is identified as "Monthly Average" under "Other Limits" in Part I of the permit. Part II Page 2of11 6. b. The "average weekly concentration," other than for fecal coliform bacteria, is the sum of the concentrations of all daily discharges sampled and/or measured during a calendar week (Sunday/Saturday) on which daily discharges are sampled and measured divided by the number of daily discharges sampled and/or measured during such week (arithmetic mean of the daily concentration values). The daily concentration value is equal to the concentration of a composite sample or in the case of grab samples is the arithmetic mean (weighted by flow value) of all the samples collected during that calendar day. The average weekly count for fecal coliform bacteria is the geometric mean of the counts for samples collected during a calendar week. This limitation is identified as "Weekly Average" under "Other Limits" in Part I of the permit. c. The "maximum daily concentration" is the concentration of a pollutant discharge during a calendar day. If only one sample is taken during any calendar day the concentration of pollutant calculated from it is the "Maximum Daily Concentration". It is identified as "Daily Maximum" under "Other Limits" in Part I of the permit. d. The "average annual concentration," other than for fecal coliform bacteria, is the sum of the concentrations of all daily discharges sampled and/or measured during a calendar year on which daily discharges are sampled and measured divided by the number of daily discharges sampled and/or measured during such year (arithmetic mean of the daily concentration values). The daily concentration value is equal to the concentration of a composite sample or in the case of grab samples is the arithmetic mean (weighted by flow value) of all the samples collected during that calendar day. The average yearly count for fecal coliform bacteria is the geometric mean of the counts for samples collected during a calendar year. This limitation is identified as "Annual Average" under "Other Limits" in Part I of the permit. e. The "daily average concentration" (for dissolved oxygen) is the minimum allowable amount of dissolved oxygen required to be available in the effluent prior to discharge averaged over a calendar day. If only one dissolved oxygen sample is taken over a calendar day, the sample is considered to be the "daily average concentration" for the discharge. It is identified as "daily average" in the text of Part I. f. The "quarterly average concentration" is the average of all samples taken over a calendar quarter. It is identified as "Quarterly Average Limitation" in the text of Part I of the permit. g. A calendar quarter is defined as one of the following distinct periods: January through March, April through June, July through September, and October through December. 7. Other Measurements a. Flow, (MGD): The flow limit expressed in this permit is the 24 hours average flow, averaged monthly. It is determined as the arithmetic mean of the total daily flows recorded during the calendar month. b. An "instantaneous flow measurement" is a measure of flow taken at the time of sampling, when both the sample and flow will be representative of the total discharge. c. A "continuous flow measurement" is a measure of discharge flow from the facility which occurs continually 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. 8. Types of Samples a. Composite Sample: A composite sample shall consist of: (1) 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 Part II Page 3 of 11 8. a. (2) 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 present gallon interval between sample collection fixed at no greater than 1/24 of the expected total daily flow at the treatment system, or (3) a single, continuous sample collected over a 24-hour period proportional to the rate of flow. In accordance with (1) above, the time interval between influent grab samples shall be no greater than once per hour, and the time interval between effluent grab samples shall be no greater than once per hour except at wastewater treatment systems having a detention time of greater than 24 hours. In such cases, effluent grab samples may be collected at time intervals evenly spaced over the 24-hour period which are equal in number of hours to the detention time of the system in number of days. However, in no case may', the time interval between effluent grab samples be greater than six (6) hours nor the number of samples less than four (4) during a 24-hour sampling period. b. Grab Sample: Grab samples are individual samples collected over a period of time not exceeding 15 minutes; the grab sample can be taken manually. Grab samples must be representative of the discharge or the receiving waters. 9. Calculations of Means a Arithmetic Mean: The arithmetic mean of any set of values is the summation of the individual values divided by the number of individual values. b. Geometric Mean: The geometric mean of any set of values is the Nth root of the product of the individual values where N is equal to the number of individual values. The geometric mean is equivalent to the antilog of the arithmetic mean of the logarithms of the individual values. For purposes of calculating the geometric mean, values of zero (0) shall be considered to be one 0). c. Weighted by Flow Value: Weighted by flow value means the summation of each concentration times its respective flow divided by the summation of the respective flows. 10. Calendar Day: A calendar day is defined as 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. 11. Hazardous' Substance: A hazardous substance means any substance designated under 40 CFR Part 116 pursuant to Section 311 of the Clean Water Act. 12. Toxic Pollutant: A toxic pollutant is any pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act. SECTION B. GENERAL CONDITIONS 1. Duty to Comply The permittee must comply with all conditions of this permit. Any permit noncompliance constitutes a violation of the Clean Water Act and is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or denial of a permit renewal application. a. The permittee shall comply with effluent standards or prohibitions established under section 307(a) of the Clean Water Act for toxic pollutants and with standards for sewage sludge use or disposal established under section' 405(d) of the Clean Water Act within the time provided in the regulations that establish these standards or prohibitions or standards for sewage sludge use or disposal, even if the permit has not yet been modified to incorporate the requirement. Part II Page 4 of 11 1. b. The Clean Water Act provides that any person who violates a permit condition is subject to a civil penalty not to exceed $25,000 per day for each violation. Any person who negligently violates any permit condition is subject to criminal penalties of $2,500 to $25,000 per day of violation, or imprisonment for not more than 1 year, or both. Any person who knowingly violates permit conditions 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. Also, any person who violates a permit condition may be assessed an administrative penalty not to exceed $10,000 per violation with the maximum amount not to exceed $125,000. [Ref Section 309 of the Federal Act 33 U.S.C. 1319 and 40 CFR 122.41 (a)] c. Under state law, a civil penalty of not more than ten thousand dollars ($10,000) 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. [Ref. North Carolina General Statutes § 143-215.6A] d. Any person may be assessed an administrative penalty by the Administrator for violating section 301, 302, 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. Administrative penalties for Class I violations are not to exceed $10,000 per violation, with the maximum amount of any Class I penalty assessed not to exceed $25,000. Penalties for Class II violations are not to. exceed $10,000 per day for each day during which the violation continues, with the maximum amount of any Class II penalty not to exceed $125,000. 2. Duty to Mitigate The .permittee shall take all reasonable steps to minimize or prevent any discharge or sludge use or disposal in violation of this permit which has a reasonable likelihood of adversely affecting human health or the environment. 3. Civil and Criminal Liability Except as provided in permit conditions on "Bypassing" (Part II, C-4) and "Power Failures" (Part II, C-7), nothing in this permit shall be construed to relieve the permittee from any responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3, 143-215.6 or Section 309 of the Federal Act, 33 USC 1319. Furthermore, the permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 4. Oil and Hazardous Substance Liability Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the permittee from any responsibilities, liabilities, or penalties to which the permittee is or may be subject to under NCGS 143- 215.75 et seq. or Section 311 of the Federal Act, 33 USG 1321. Furthermore, the permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 5. Property Rights The issuance of this permit does not convey any property rights in either real or personal property, or any exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor any infringement of Federal, State or local laws or regulations. 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, and 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. Part II Page 5 of 11 S. 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 to be kept by this permit. 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. 10. Expiration of Permit The permittee is not authorized to discharge after the expiration date. In order to receive automatic authorization to discharge beyond the expiration date, the permittee shall submit such information, forms, and fees as are required by the agency authorized to issue permits no later than 180 days prior to the expiration date. Any permittee that has not requested renewal at least 180 days prior to expiration, or any permittee that does not have a permit after the expiration and has not requested renewal at least 180 days prior to expiration, will subject the permittee to enforcement procedures as provided in NCGS 143-215.6 and 33 USC 1251 et. seq. 11. Si�atory Requirements All applications, reports, or information submitted to the Permit Issuing Authority shall be signed and certified. 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 employing more than 250 persons or having gross annual sales or expenditures exceeding 25 million (in second quarter 1980 dollars), if 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. b. All reports required by the permit and other information requested by the Permit Issuing Authority shall be signed, by a person described 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. c. Certification. Any person signing a document under paragraphs a. or b. of this section shall make the following certification: "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." Part II Page 6 of 11 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. 13. Permit Modification, Revocation and Reissuance, or Termination The issuance of this permit does not prohibit the permit issuing authority from reopening and modifying the permit, revoking and reissuing the permit, or terminating the permit as allowed by the laws, rules, and regulations contained in Title 40, Code of Federal Regulations, Parts 122 and 123; Title 15A of the North Carolina Administrative Code, Subchapter 2H .0100; and North Carolina General Statute 143-215.1 et. al. 14. Previous Permits All previous National Pollutant Discharge Elimination System Permits issued to this facility, whether for operation or discharge, are hereby revoked by issuance of this permit. [The exclusive authority to operate this facility arises under this permit. The authority to operate the facility under previously issued permits bearing this number is no longer effective. ] The conditions, requirements, terms, and provisions of this permit authorizing discharge under the National Pollutant Discharge Elimination System govern discharges from this facility. SECTION C. OPERATION AND MAINTENANCE OF POLLUTION CONTROLS 1. Certified Operator Pursuant to Chapter 90A-44 of North Carolina General Statutes, and upon classification of the facility by the Certification Commission, the permittee shall .employ' a certified wastewater treatment plant operator in responsible charge. (ORC) of the wastewater treatment facilities. Such operator must hold a certification of the grade 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 any grade to comply with the conditions of Title 15A NCAC Chapter 8G.0202. The ORC of the facility must visit each Class I facility at least weekly and each Class II, III, and IV facility at least daily, excluding weekends and holidays, and must properly manage and document daily operation and maintenance of the facility and must comply with all other conditions of Title 15A, NCAC Chapter 8G.0202. Once the facility is classified, the permittee shall submit a letter to the Certification Commission which designates the operator in responsible charge within thirty days after the wastewater treatment facilities are 50% complete. 2. Proper Operation and Maintenance The permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the permittee to achieve compliance with the conditions of this permit. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures. This provision requires the operation of back-up or auxiliary facilities or similar systems installed by a permittee only when the operation is necessary to achieve compliance with the conditions of the permit. 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. 4. Bypassing of Treatment Facilities a. Definitions (1) "Bypass" means 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. (2) "Severe property damage" means 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 does not mean economic loss caused by delays in production. , . Part II Page 7 of 11 4. b. Bypass not exceeding limitations. 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 c. and d. of this section. c. Notice (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 affect of the bypass. (2) Unanticipated bypass. The permittee shall submit notice of an unanticipated bypass as required in Part II, E. 6. of this permit. (24 hour notice). d. Prohibition of Bypass (1) Bypass 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 c. of this section. (2) The Permit Issuing Authority may approve an anticipated bypass, after considering its adverse affects, if the Permit Issuing Authority determines that it will meet the three conditions listed above in Paragraph d. (1) of this section. 5. Upsets a. Definition: "Upset" means an exceptional incident in which there is unintentional and temporary noncompliance with technology based permit effluent limitations because of factors beyond the reasonable control of the permittee. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation. b. Effect of an upset: An upset constitutes an affirmative defense to an action brought for noncompliance with such technology based permit effluent limitations if the requirements of paragraph c. 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. c. Conditions necessary for a demonstration of upset: A permittee who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that: (1) An upset occurred and that the permittee can identify the cause(s) of the upset; (2) The permittee facility was at the time being properly operated; and (3) The permittee submitted notice of the upset as required in Part II, E. 6. (b) (B) of this permit. (4) The permittee complied with any remedial measures required under Part II, B. 2. of this permit. d. Burden of proof: In any enforcement proceeding the permittee seeking to establish the occurrence of an upset has the burden of proof. Part II Page 8of11 Removed Substances Solids, sludges, filter backwash, or other pollutants removed in the course of treatment or control of wastewaters shall be utilized/disposed of in accordance with NCGS 143-215.1 and in a manner such as to prevent any pollutant from such materials from entering waters of the State or navigable waters of the United States. The permittee shall comply with all existing federal regulations governing the disposal of sewage sludge. Upon promulgation of 40 CFR Part 503, any permit issued by the Permit Issuing Authority for the utilization/disposal of sludge may be reopened and modified, or revoked and reissued, to incorporate applicable requirements at 40 CFR Part 503. The permittee shall comply with applicable 40 CFR Part 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 DEM Regulation, Title 15A, North Carolina Administrative Code, Subchapter 2H, .0124 Reliability, to prevent the discharge of untreated or inadequately treated wastes during electrical power failures either by means of alternate power sources, standby generators or retention of inadequately treated effluent. SECTION D. MONITORING AND RECORDS 1. Representative Sampling Samples collected and measurements taken, as required herein, shall be characteristic of the volume and nature of the permitted discharge. Samples collected at a frequency less than daily shall be taken on a day and time that is characteristic of the discharge over the entire period which 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. 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 (DEM No. MR 1, 1.1, 2, 3) or alternative forms approved by the Director, DEM, postmarked no later than the 30th day following the completed reporting period. The first DMR is due on the last day of the month following the issuance of the permit or in the case of a new facility, on the last day of the month following the commencement of discharge. Duplicate signed copies of these, and all other reports required herein, shall be submitted to the following address: NC DENR / Division of Water Quality / Water Quality Section ATTENTION: Central Files 1617 Mail Service Center Raleigh, North Carolina 27699-1617 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 are 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. Once -through condenser cooling water flow which is 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. Part II Page 9of11 4. Test Procedures Test procedures for the analysis of pollutants shall conform to the EMC regulations published pursuant to NCGS 143-215.63 et. seq, the Water and Air Quality Reporting Acts, and to regulations published pursuant to Section 304(g), 33 USC 1314, of the Federal Water Pollution Control Act, as Amended, and Regulation 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. To meet the intent of the monitoring required by this permit, all test procedures must produce minimum detection and reporting levels that are below the permit discharge requirements and all data generated must be reported down to the minimum detection or lower reporting level of the procedure. If no approved methods are determined capable of achieving minimum detection and reporting levels below permit discharge requirements, then the most sensitive (method with the lowest possible detection and reporting level) approved method must be used. 5. Penalties for Tampering The Clean Water Act provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any monitoring device or method required to be maintained under this permit shall, upon conviction, be -punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. If a conviction of a person is for a violation committed after a first conviction of such person under this paragraph, punishment is a fine of not more than $20,000 per day of violation, or by imprisonment of not more than 4 year's, or both. 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 and all original strip chart recordings for continuous monitoring instrumentation, copies of all reports required by this permit, 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. 7. Recording Results For each measurement or sample taken pursuant to the requirements of this permit, the permittee shall record the following information: 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 ,upon the permittee's premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of this permit; b. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this permit; c. Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this permit; and d. Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise authorized by the Clean Water Act, any substances or parameters at any location. Part II Page 10 of 11 SECTION E REPORTING REQUIREMENTS 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. Notice is required only when: a. The alteration or addition to a permitted facility may meet one of the criteria for determining whether a facility is a new source in 40 CFR Part 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 which are subject neither to effluent limitations in the permit, nor to notification requirements under 40 CFR Part 122.42 (a) (1). c. The alteration or addition. results in a significant change in the permittee's sludge use or disposal practices, and such alternation, addition or change may justify the application of permit conditions that are different from or absent in the existing permit, including notification of additional use or disposal sites not reported during the permit application process or not reported pursuant to an approved land application plan. Anticipated Noncompliance The permittee shall give advance notice to the Director of any planned changes in the permitted facility or activity which may result in noncompliance with permit requirements. 4. Transfers This permit is not transferable to any person except after notice to the Director. The Director may require modification or revocation and reissuance of the permittee and incorporate such other requirements as may be necessary under the Clean Water Act. 5. Monitoring Reports Monitoring results shall be reported at the intervals specified elsewhere in this permit. a. Monitoring results must be reported on a Discharge Monitoring Report (DMR) (See Part II. D. 2 of this permit) 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 the permit, using test procedures specified in Part II, D. 4. of this permit or in the case of sludge use or disposal, approved under 40 CFR 503, or as specified in this permit, the results of this monitoring shall be included in the calculation and reporting of the data submitted in the DMR. c. Calculations for all limitations which require averaging of measurements shall utilize an arithmetic mean unless otherwise specified by the Director in the permit. 6. Twenty-four Hour Reporting a. The permittee shall report to the central office or the appropriate regional office any noncompliance which may endanger 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. Part II Page 11 of 11 6. b. The following shall be included as information which must be reported within 24 hours under this paragraph: (1) Any unanticipated bypass which exceeds any effluent limitation in the permit. (2) Any upset which exceeds any effluent limitation in the permit. (3) Violation of a maximum daily discharge limitation for any of the pollutants listed by the Director in the permit to be reported within 24 hours. c. The Director may waive the written report on a case -by -case basis for reports under paragraph b. above of this condition if the oral report has been received within 24 hours. 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. 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. Noncompliance Notification The permittee shall report by telephone to either the central office or the appropriate regional office of the Division as soon as possible, but in no case more than 24 hours or on the next working day following the occurrence or first knowledge of the occurrence of any of the following: a. Any occurrence at the water pollution control facility which results in the discharge of significant amounts of wastes which are abnormal in quantity or characteristic, such as the dumping of the contents of a sludge digester; the known passage of a slug of hazardous substance through the facility; or any other unusual circumstances. b. Any process unit failure, due to known or unknown reasons, that render the facility incapable of adequate wastewater treatment such as mechanical or electrical failures of pumps, aerators, compressors, etc. c. Any failure of a pumping station, sewer line, or treatment facility resulting in a by-pass directly to receiving waters without treatment of all or any portion of the influent to such station or facility. Persons reporting such occurrences by telephone shall also file a written report in letter form within 5 days following first knowledge of the occurrence. 10. Availability of Reports Except for data determined to be confidential under NCGS 143-215.3 (a)(2) or Section 308 of the Federal Act, 33 USC 1318, all reports prepared in accordance with the terms shall be available for public inspection at the offices of the Division of Water Quality. As required by the Act, effluent data shall not be considered confidential. Knowingly making any false statement on any such report may result in the imposition of criminal penalties as provided for in NCGS 143-215.1(b)(2) or in Section 309 of the Federal Act. 11. Penalties for Falsification of Reports The Clean Water Act provides that any person who knowingly makes any false statement, representation, or certification in any record or other document submitted or required to be maintained under this permit, including monitoring reports or reports of compliance or noncompliance shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. PART III OTHER REQUIREMENTS A. Construction No construction of wastewater treatment facilities or additions to add to the plant's , treatment capacity or to change the type of process utilized at the treatment plant shall be begun until Final Plans and Specifications have been submitted to the Division of Water Quality and written approval and Authorization to Construct has been issued. B. Groundwater Monitoring The permittee shall, upon written notice from the Director of the Division of Water Quality, conduct groundwater monitoring as may be required to determine the compliance of this NPDES permitted facility with the current groundwater standards. 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: 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 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 (5) 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 (l mg/L) for antimony; (3) Ten 00) times the maximum concentration value reported for that pollutant in the permit application. D. Requirement to Continually Evaluate Alternatives to Wastewater Discharges The permittee shall continually 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 sixty (60) days of notification by the Division. PART IV ANNUAL ADMINISTERING AND COMPLIANCE MONITORING FEE REQUIREMENTS A. The permittee must pay the annual administering and compliance monitoring fee within 30 (thirty) days after being billed by the Division. Failure to pay the fee in a timely manner in accordance with 15A NCAC 2H .0105(b)(4) may cause this Division to initiate action to revoke the permit. State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Wayne McDevitt, Secretary A. Preston Howard, Jr., P.E., Director May 1, 1998 CURTIS KUEHN COLUMBIA FOREST PLYWOOD PROD P.O. Box 1148 OLD FORT, NC 28762 Subject: Reissued Stormwater General Permit for Certificate of Coverage No. NCG210136 Mcdowell County Dear Permittee: NX.MA, 1:3 E N R In response to your renewal application for continued coverage under the General Permit NCG040000, the Division of Water Quality (DWQ) is forwarding herewith the General Permit NCG210000 which is a new General Permit to cover most of the Timber Products Industry. You have now been given coverage under NCG210000 and your coverage under NCG040000 is hereby terminated. 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 US Environmental Protection Agency dated December 6, 1983. The following information is included with your permit package: ■ A copy of the stormwater general permit NCG210000. ■ A new Certificate of Coverage under general permit NCG210000. ■ A Stormwater Pollution Prevention Plan Certification Form. This form certifies that you have developed and implemented the Stormwater Pollution Prevention Plan (SPPP) required in your permit (both NCGO40000 and NCG210000). This form must be completed and returned to the Division within 30 days of receipt of this letter. DO NOT send the SPPP with the signed form. ■ Five copies of Analytical Monitoring forms. ■ Five copies of Qualitative Monitoring forms. ■ A copy of a Technical Bulletin on the stormwater program which outlines program components and addresses frequently asked questions. ' Your certificate of coverage is not transferable except after notice to DWQ. The 'Division of Water Quality may require modification or revocation and reissuance of the certificate of coverage. This permit does not affect the legal requirements to obtain other permits which may be required by DWQ or permits required by the Division of Land Resources, Division of Air Quality, Coastal Area Management Act or any other Federal or Local governmental permits that may be required. If you have any questions concerning this permit or other attached documents, please contact the- Stormwater and General Permits Unit at telephone number (919) 733-5083. Sincerely, for .. , � -'. ;;'ti':'�`•,-.,:. 'a. A. Preston Howard, Jr., P. E. P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-5083 FAX 919-733; 071'9 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer -paper t v r- STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES _ DIVISION OF WATER QUALITY GENERAL PERMIT NO. NCG210000 .CERTIFICATE OF COVERAGE NO. NCG210136 STORMWATER DISCHARGES 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, COLUM 3IA FOREST PLYWOOD PROD is herby authorized to discharge stormwater from a facility located at: -- SR 1246 OLD FORT, NC MCDOWELL COUNTY to receiving waters designated as Catawba River in the Catawba River Basin in accordance with the effluent limitations, monitoring requirements and other conditions set forth in Parts I, II, III and IV of General Permit No. NCG210000 as attached. This Certificate of Coverage shall become effective May 1, 1998. This Certificate of Coverage shall remain in effect for the duration of the General Permit. Signed this day May 1,1998 f o r A. Preston Howard, Jr., P.E., Director Division of Water Quality By Authorization of the Environmental Management Commission Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources �FILE COPY SURFACE WATER PROTECTION Mr. Edward V. Alkire Columbia Forest Products 369 Columbia Carolina Road Old Fort, North Carolina 28762 Dear Mr. Alkire: May 30, 2008 Coleen H. Sullins, Director Division of'Water Quality Asheville Regional Office SUBJECT: Compliance Evaluation Inspection Columbia Forest Products Wastewater Treatment Plant NPDES Permit Number NCO087076 McDowell County Attached is the report resulting from the Columbia Forest Products Wastewater Treatment Plant Compliance Evaluation Inspection that I conducted on May 29, 2008. The facility was found to be in Compliance with the terms and conditions of permit number NC0087076. The addition of the second storage basin to receive overflow from the original basin during storm events was a good move on the Company's part. I appreciate you and Bill Presnell taking the time to show me around. Please refer to the enclosed inspection report for additional observations and comments. If you wish to discuss this report, please do not hesitate to call me at 828- 295-4500. Sincerely, 1 Roy M. vis Environmental Engineer Enclosure cc: Surface Water Protection Section Central Files G:\WPDATA\DEMWQ\Mcdowell\Columbia 87076\87076 Columbia Forest CEI.08.doc ii NoohCarolina 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 2 151 31 NCO087076 111 121 08/05/29 117 181 rl 191 GI 20U -J L Remarks 21111111111111II1111111111111111111111 IIII IIII III6 Inspection Work Days Facility Self -Monitoring Evaluation Rating B1 QA ------- ----- —----------- Reserved----------------- 67I 169 701 5 I 71 I I 721 N I 73IL__I 174 751 I I I I I I 180 .—! LJ l__I Section 13: 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) Columbia Forest Plywood Products 10:00 AM 08/05/29 05/02/01 Exit Time/Date Permit Expiration Date 369 Columbia Carolina Old Fort NC 28762 11:00 AM 08/05/29 09/12/31 Name(s) of Onsite Re presentative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data Name, Address of Responsible Official/Title/Phone and Fax Number Contacted Ed Wicklander,PO Box 1148 Old Fort NC 28762//828-724-4191/8287249084N 0 Section C: Areas Evaluated During Inspection (Check only those areas evaluated) Operations & Maintenance ® Facility Site Review Section D: Summa 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 Roy M Davis ARO WQ//828-296-4500 Ext.4659/ o� 0 5 1 3 4 D 0 0 IP 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 NC0087076 I11 12I 08/05/29 I17 18LCJ Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) Columbia Forest Products uses pond water to wet logs dur ing the warmer months to keep them from splitting. Sprayed water drains back to the pond. Make up water is pumped from the Catawba River. As originally constructed the pond would overflow to the Catawba during storm events. The Company contructed a second pond to receive any overflow from the main pond which might. Overflows to the River now rarely occur. . Page # 2 9 Permit: NCO087076 Inspection Date: 05/29/2008 Lagoons Type of lagoons? # Number of lagoons in operation at time of visit? Are lagoons operated in? # Is a re -circulation line present? Is lagoon free of excessive floating materials? # Are baffles between ponds or effluent baffles adjustable? Are dike slopes clear of woody vegetation? Are weeds controlled around the edge of the lagoon? Are dikes free of seepage? Are dikes free of erosion? Are dikes free of burrowing animals? Owner - Facility: Columbia Forest Plywood Products Inspection Type: Compliance Evaluation # Has the sludge blanket in the lagoon (s) been measured periodically in multiple locations? # If excessive algae is present, has barley straw been used to help control the growth? Is the lagoon surface free of weeds? K Series ❑ ❑ u ❑ ®❑ 110 ❑ ❑ ■ ❑ N❑❑❑ ❑ ®❑ ❑ ®❑❑❑ ®❑❑❑ ❑ ■ ❑ ❑ ❑❑M❑ ❑ ❑ ® ❑ ® ❑ ❑ ❑ Is the lagoon free of short circuiting? ®n ❑ ❑ Comment: . Operations & Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? ®❑ ❑ ❑ Does the facility analyze process control parameters, for ex: MLSS, MCRT, Settleable Solids, pH, DO, Sludge ❑ ❑ ® ❑ Judge, and other that are applicable? Comment: Page # 3 cogs ��— �� North Carolina Department of Environment and Natural Resources Division of Water Quality Michael F. Easley, Governor William G. Ross, Jr., Secretary Alan W. Klimek, P.E., Director December 17, 2004 Mr. Marvin Jones Columbia Forest Products P.O. Box 1148 Old Fort, North Carolina 28762 Subject: Issuance of NPDES Permit TC0.08.7_076� �'Co1'uml?i a-Fo?esfi Products McDowell County Dear Mr. Jones: 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. 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, ORIGINAL SYGNED BY' SUSAN A. WILSON Alan W. Klimek, P.E. cc: Central, Files IAsheville_kegional Office/Water Quality Section I 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 Opportunity/Affirmative Action Employer— 50% Recycled/10% Post Consumer Paper oEc 2 2 2ao4 WATER QUALITYRSECnFON NorthCarolina Natitrally Permit NCO087076 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY 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, Columbia Forest Products is hereby authorized to discharge wastewater from a facility located at Columbia Forest Products 369 Columbia Carolina Old Fort, North Carolina McDowell County to receiving waters, designated as the Catawba River 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. The permit shall become effective February 1, 2005. This permit and the authorization to discharge shall expire at midnight on December 31, 2009. Signed this day December 17, 2004. ORIGINAL SIGNED BY SUSAN A. WLSON Alan W. Klimek, P.E., Director Division of Water Quality By Authority of the Environmental Management Commission Permit NCO087076 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. Columbia Forest Products is hereby authorized to: 1. Continue to operate an existing wet decking facility consisting of a settling pond and located at 369 Columbia Carolina, near Old Fort in McDowell County. 2. Discharge from said treatment works (via Outfall 001) into the Catawba River, currently a Class C water in the Catawba River Basin, at the location specified on the attached map. Permit NCO087076 A. (1) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS Beginning on February 1, 2005 and lasting until expiration, the Permittee is authorized to discharge treated wastewater from Outfall 001. Such discharges shall be limited and monitored by the Permittee as specified below: z° PA iIVIETER EFFLUENT LIMITATIONS MONITORING REQUIREMENTS Monthly Average Daily Maximum' Measurement Frequency„ Sample Type :. Sample. Location ; Flow Each event Instantaneous Effluent Total Suspended Solids 30.0 mg/L 45.0 mg/L Each event Grab Effluent Settleable Solids 0.1 ml/L 0.2 ml/L Each event Grab Effluent pH > 6.0 and < 9.0 standard units Each event Grab Effluent There shall be no discharge of floating solids or visible foam in other than trace amounts. There shall be no debris discharged from the facility. J A. (2.) BIOCIDE CONDITION There shall be no chromium, zinc or copper added to the treatment system except as pre -approved additives to biocidal compounds. The permittee shall obtain approval from the Division's Aquatic Toxicology Unit prior to the use of any biocide (not previously approved by the Division) in the effluent discharged under this permit. Approval for use of any biocide not previously approved should be requested at least 90 days in advance of any planned usage. Contact the Aquatic Toxicology Unit for detailed instructions on requesting approval of biocides: NC DENR / DWQ / Aquatic Toxicology Unit 1621 Mail Service Center Raleigh, North Carolina 27699-1621 C C�-eVk �e A4 Ole, --Z a zn', Latitude: 35'40'07" Longitude: 82'06'36" Quad: Marion, N.C. Stream Class: C Subbasin: 30830 Receiving Stream: Catawba River NCO087076 Columbia Forest Products. Facility Location cffotth ICALI 1:427000 REMISSION REQUEST REVIEW Facility: Columbia Forest Pllivood Products Violation Mo/Year: 01/2005 Permit #: NCO087076 Penalty: $700 Case #: LV-2005-0236 Enforcement Cost: $100 Region: Asheville CPA: $800 Violated parameter(s): TSS monthly avg. ® daily max Remission Factors: a) Whether one or more of the civil penalty assessment factors were wrongly applied to the detriment of the petitioner; b) Whether the violator promptly abated continuing environmental damage resulting from the violation; c) Whether the violation was inadvertent or a result of an accident d) Whether the violator had been assessed civil penalties for any previous violations; and e) Whether payment of the civil penalty will prevent payment of the remaining necessary remedial actions. Remission Request Justification: Columbia Forest Products response 8-8-05 Up until 8-01, the log yard was under the general storm water permit. During the comment phase of the new permit, Columbia Forest. Products stated that we had no data to determine whether we could meet the TSS levels specified in the permit. It became obvious that since discharges from the pond were due to storm water runoff beyond. or control, completing the design, budgeting the funds, and contracting construction, a secondary pond has been completed and put into service in February 2005. Columbia Forest Products spent $70,000 to complete the secondary pond. In January, the log yard would not have been in operation, as it is used from April to October, and therefore would have been at the lowest possible level prior to the storm. The discharge was purely due to rainfall. I cannot overstress the point that CFP does not control the discharge of the original pond, it was normally a closed system and overflows only during a storm events. The discharge from the pond is inadvertent and only happens during heavy rainfall events due to storm water overflowing the pond. Immediately upon being assesses the first civil penalty, CFP began investigating methods to abate and mitigate the occurrence of NOV's. Finally, CFP strives to be a good corporate citizen and we believe that the $800 penalties currently assessed, as well as any pending penalties for 'TSS violations, were better spent toward the construction of the solution. We have completed our commitment to having the 25-year flood secondary contaimnent pond constructed. In closing, please remember that non -compliant discharges were not due to any action by CFP. All discharges are the result of rainfall events that were previously covered under the general storm water permit. Enforcement History: Regional Office Recommendation: Central Office Recommendation: --------------------------------------------------------------- Director's Decision: _ Uphold _ Waive _ Hold/Defer T Remission $ Enforcement Conference Notes: Rev. 3/2005 0 Columbia ■ FOR EST PRODUCTS W E C A R E. After all, it's our company. 369 Columbia Carolina Road P.O. Box 1148 Old Fort, NC 28762 Phone: 828-724-4191 Fax: 828-724-9987 Forrest R. Westall Water Quality Regional Supervisor Division of Water Quality 59 Woodfin Place Asheville, NC 28801 Dear Mr. Westall: p EcE� YE OCT 1 5 2004 OctobzrE#lQ2GK SECTION ASHEVILLE REGIONAL OFFICE In regard to NOV-2004-LV-0488, Columbia Forest Products is on track to meet the commitment made in the following letter to a Ms. Sullins in Raleigh,at the Water Quality Division: I request remission or mitigation of File number LV-2003-0450 for the reasons outlined below: a) Up until August 2001, the log yard pond was under the general storm water permit. During the comment phase of the new permit, Columbia Forest Products stated that we had no data to determine whether we could meet the TSS levels specified in the permit. It is now obvious that since the discharges from the pond are due to storm water runoff beyond our direct control, we cannot meet the required levels. Immediately after reaching this conclusion, we began researching methods to control the runoff, including rapid filters and a secondary settling pond. We now have drawings, quotes of $70,000 and a schedule to have a secondary settling pond installed by yearend. b) We run our log yard pond as low as possible to prevent discharge to the river and mitigate any environmental damage, however as you know, year to date has resulted in unusually high rainfall levels I cannot overstress the point That CFP does not control the discharge of the pond it is normally a closed system and overflows only au a storm event. c) The discharge from the pond is inadvertent and only happens during heavy rainfall events due to storm water overflowing the pond. d) Immediately upon being assessed the first civil penalty, Columbia Forest Products began investigating methods to abate and mitigate the occurrence of NOV's. e) Finally, Columbia Forest Products strives to be a good corporate citizen and we believe that the $1,350 penalty currently assessed and any future penalties for TSS violations would be better spent toward the construction of the solution. We commit to having the 25 year flood secondary containment pond constructed prior to yearend resulting in full compliance with the permit conditions. In closing, please remember that non -compliant discharges were not due to any action by Columbia Forest Products. All discharges are the result of rainfall events that were previously covered under the general storm water permit. Thank you for your consideration in this matter and I look forward to the remission of this civil penalty. VIOLATION UNIT OF CALCULATED DMR OUTFALL LOCATION PARAMETER DATE FREQUENCY MEASURE LIMIT VALUE 10-2002 001 Effluent Solids, Total Suspended 10/16/02 Once per discharge mg/I 45 76 10-2002 001 Effluent Solids, Total Suspended 10/31/02 Once per discharg, mg/I 30 76 03-2003 001 Effluent Solids, Total Suspended 03/07/03 Once per discharg, mg/I 45 109 03-2003 001 Effluent Solids, Total Suspended 03/20/03 Once per discharg. mg/1 45 124 03 -2003 001 Effluent Solids, Total Suspended 03/31/03 Once per discharg. mg/I 30 116.5 05-2003 001 Effluent Solids, Total Suspended 05/06/03 Once per discharg, mg/I 45 55.1 05-2003 001 Effluent Solids, Total Suspended 05/21/03 Once per discharge mg/l 45 133 05-2003 001 Effluent Solids, Total Suspended 05/31/03 Once per discharg- M. 30 94.05 06-2003 001 Effluent Solids, Total Suspended 06/03/03 Once per discharg, mg/I 45 64 06-2003 001 Effluent Solids, Total Suspended 06/30/03 Once per discharg. mg/1 30 64 11-2003 001 Effluent Solids, Total Suspended 11/30/03 Once per discharg, mg/1 30 37 06-2004 001 Effluent Solids, Total Suspended 06/30/04 Once per discharge mg/I 30 31 VIOLATION TYPE VIOLATION ACTION Daily Maximum Exceeded Proceed to Enforcement Case Monthly Average Exceeded No Action, BPJ Daily Maximum Exceeded Proceed to Enforcement Case Daily Maximum Exceeded Proceed to Enforcement Case Monthly Average Exceeded Proceed to Enforcement Case Daily Maximum Exceeded No Action, Invalid Permit Daily Maximum Exceeded No Action, Invalid Permit Monthly Average Exceeded No Action, Invalid Permit Daily Maximum Exceeded Proceed to NOV Monthly Average Exceeded Proceed to NOV Monthly Average Exceeded No Action, BPJ Monthly Average Exceeded Proceed to NOV Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina: Department of Environment and Natural Resources September 13, 2005 Mr. Marvin Jones, Plant Engineer Columbia Forest Plywood Products P.O. Box 1148 Old Fort, N.C. 28762 Subject: Remission Request of Civil Penalty Assessment Columbia Forest Plywood Products NPDES Permit NCO087076 McDowell County Case Number LV-2005-0236 Dear Mr. Jones: Alan W. Klimek, P.E. Director Division of Water Quality This letter is to acknowledge the receipt and of your request for remission of the civil penalties levied'against Columbia Forest Plywood Products. Your request will be placed on the agenda of the Director's next scheduled enforcement conference and you will be notified of the result. If you have any question or I can be of further assistance about this matter, please contact me at (919) 733-5083, extension 539. Sincerely;a;�� Robert Guerra, Western Region NPDES Point Source Branch CcT Asheville Regional<Officej 'rEnforcement file w/originals Central Files w/attachments Cn C --,_ LLB s- If Ll S E P 14 2005 WATER QUALITY SECTION ASHEVILLE REGIOPJAL OFFICE Noce Carolina �tura!!y North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone (919) 733-5083 Customer Service Internet h2o.enr.state.nc.us 512 N. Salisbury St. Raleigh, NC 27604 FAX (919) 733-0719 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer— 50% Recycled/10% Post Consumer Paper Ga l umbia �0 FOREST PRODUCTS W E C A R E. After all, it's our company. 369 Columbia Carolina Road P.O. Box 1148 Old Fort, NC 28762 Phone: 828-724-4191 Fax: 828-724-9987 Alan W. Klimek, P. E. Director Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 August 8, 2005 I'M. D c s f-+ M _C." o Dear Mr. Klimek: DIV. OF WATER QUALITY DIRECTOR'S OFFICE I request remission or mitigation of File number LV-2005-00236 for the reasons outlined below: a) Up until August 2001, the log yard pond was under the general storm water permit. During the comment phase of the new permit, Columbia Forest Products stated that we had no data to determine whether we could- meet the TSS levels specified -in the permit. It became obvious that since the discharges from the pond are due to storm water runoff beyond our direct control, we cannot meet the required levels. After researching various methods ofrunoffcontrol, completing the design, budgeting the funds, .and -contracting construction, a secondary settling pond has been completed and put into service in February 200.5. Columbia Forest Products spent $70,000 to complete the secondary settling pond. b) In January, the log yard- pond-would"not be in operation, as it is only used -from April to October, and therefore would have been at the lowest possible level prior to the storm. The discharge was purely due to rainfall. I cannot overstress the point that CFP does not control the discharge of the original pond, it was normally a closed system and overflows only during a storm event. c) The discharge from the pond -is inadvertent and -only happens during heavy rainfallevents due to storm water overflowing the pond. d) Immediately upon being assessed -the first civil penalty, Columbia Forest Products began investigating methods to abate'and mitigate the occurrence of NOV's. e) Finally, Columbia Forest Products strives to be a good corporate citizen and we believe that the $800 penalties currently assessed, as well as any pending penalties for TSS violations, were better spent toward the construction of the solution. We have completed our commitment to having the 25 year flood secondary containment pond constructed. In closing, please remember that non -compliant discharges were not due to any action by Columbia Forest Products. All discharges are the result of rainfall events that were previously covered under the general -storm water permit. Thank you for your consideration in this matter and I look forward to the remission of this civil penalty. Ia 'c ely, rvin Jones, Pla Engineer JUST ICATION FOR REMISSION REO ST DWQ Case Number: LY-2005-0236 County: McDowell Assessed Party: Columbia Forest Plywood Products Permit No.: NC0087076 Amount Assessed: $800.00 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); Y (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: A -Ti /{ C i-'c-b North Carolina Departme SURFACE WATER PROTECTION August 19, 2005 Mr. Marvin Jones, Plant Engineer Columbia Forest Plywood Products Post Office Box 1148 Old Fort, North Carolina 28762 f�]vichgel F. Easley, Governor illiamiG. Ross Jr.; Secretary _n vironment anNa tural atural Resources rya ' - -:� Alan W. Klimek, P.E. Director Division of Water Quality Asheville Reqional Office SUBJECT: Compliance Evaluation Inspection Columbia Forest Plywood Products Permit No. NCO087076 Permit No. NCG210136 McDowell County Dear Mr. Jones: Enclosed please find a copy of the Compliance Evaluation Inspection form from the inspections conducted on August 11, 2005. Mr. Larry Frost and Mr. Keith Haynes of the Asheville Regional Office conducted the Compliance Evaluation Inspections. The facility was found to be in Compliance with permits NCG210136 and NC0087076. Please refer to the enclosed inspection report for additional observations and comments. If you or your staff have any questions, please call Mr. Frost at (828) 296- 4658. Sincerely, CTC. Edwards, Regional Supervisor Surface. Water Protection Section Enclosure cc: Central Files NorthCarolina Adurall 2090 U.S. Highway 70, Swannanoa, NC 28778 Telephone: (828) 296-4500 Fax: (828) 299-7043 Customer Service 1 877 623-6748 l' E PA United States Environmental Protection Agency Washington, D.C. 20460 Section A: National Data System Coding (i.e., PCS) Transaction Code NPDES 1 LJyr/mo/day Inspection Type N 2 U 3 I 'NCG'210)136 111 12 I 0: /08/11 117 18 U Remarks Inspection Work Days Facility Self -Monitoring Evaluation Rating B1 671 169 70 U QA 71 U 72 U Section B: Facility Data Name and Location of Facility Inspected (For Industrial Users discharging to POTW, POTW name and NPDES permit Number) also include Columbia r''crest Plywood Produc 369 Col.umbi.a Carolina Rd Old Fort NC 28762 Name(s) of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Name, Address of Responsible Official/Title/Phone and Fax Number Form Approved. OMB No. 2040-0057 Approval expires 8-31-98 Inspector Fac Type 191c1 20 U --- — ---------------------- Reserved--------------- 73 L1J 74 75 Entry Time/Date 0:00 PM 05/08/11 Exit Time/Date 02:15 PM 05/US/ll Other Facility Data Ed Wicklande.r., PO Box 1148 Old Fort NC 21-,762 //704-724-4197./ 82.872490°n}tacted I No Section C. Areas Evaluated During Inspection (Check only those areas Permit ■ Operations & Maintenance ■ Facility Site Review Section D: Summary of Finding/Comments (Attach additional sheets of narrative anri (See attachment summary) Name(s) and Signature(s) of Inspector(s) Agency/Office/Phone and Fax Numbers Larry Frost :t /�^C•/''�G A 30 ��7!/818-29c-45CU Est.4558/ Keith Ia. ne . A� :SRO Ede); ,/828-295-4501: Ext. 4060;; Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Roger C Edwards 828-2S....-500 ?xt.165n/ EPA Form 3560-3 (Rev 9-94) Previous editions are obsolete. as Permit Effective Date 03/05/01 Permit Expiration Dab 08/04l30 Date g/t 4 Date � ` 3 1 11 12 '.hnn/duy Inspection Type 05 17 1u -----� u Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) The Storinwater pe-rmit for this fac.-;'1�tv ap7vears, to be weil man—j.e.d 'with Outfalis identified and maintained. � e PbQrllllt (If the present permit expires in 6 months or less). Has the permittee submitted a new application? Yes ❑ No ❑N NA NE ❑ 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: General Permit NCG210000 for storm water. Operations & Maintenancp Is the plant generally clean with acceptable housekeeping? Yes 0 No ❑ NA ❑ NF ❑ Does the facility analyze process control parameters, for ex: MLSS, MCRT, Settleable Solids, pH, DO, Sludge Judge, and other that are applicable? ❑ ❑ El Comment: .,,a ­ ivur �llmemei rotecaon Agency + — EPA Washington, D.C. 20460 Form Approved. OMB No. 2040-0057 Water Com liance Ins ection Re Ort Approval expires 8-31-98 Section A:, National Data System Coding (i.e., PCS) Transaction Code NPDES yr/mo/day ' Inspection Type Inspector Fac Type 1 N- 2 15 3 11 12 I 117CO?S7o7� I C�•/1:8;`11 117 18 � i; � 19 U 20 I I�I Remarks 21 I� I I I I I I IIII IIII I I I I III I I III I I I I I I I I I I I I I I I I I I 166 Inspection Work Days Facility Self -Monitoring Evaluation Rating B1 QA--------------------------- Reserved ------ ---------------- 67 I 169 70 u 71 U 72 U 73 LLJ 74 75I ( I I I I I 180 Section B: Facility Data e and Location of Facility Inspected (For Industrial Users discharging to POTW, also include W name and NPDES permit Number) F Entry Time/Date Permit Effective Date iabia Forest ?'plywood Products 01:00 PM 05/08/11 05/02_/07. Col.umbi.aCaro.l.in.a Exit Time/Date Permit Expiration Date Old Fort NC 28762 02:15 PII 05/o8/ll 09/12/31 Name(s) of Onsite Representative(s)/Fitles(s)/Phone and Fax Number(s) Other Facility Data Name, Address of Responsible Official/Title/Phone and Fax Number Ed b•)i.ckla�der, PO Boz1148 Contacted Old For-, NC. 28762_//828-72..4-41.9.1/82.8724908,I�- Section C: Areas Evaluated During Inspection (Check only those areas evaluated) Permit 0 Operations & Maintenance ® Facility Site Review 0 Storm Water 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 tarry Frost A?v idQ.//828-2.96-4500 Eit.4653% Kei h ' R0' Grgr'/ 828-296-4500 Ext.. 4 -360 7' � � l � • b Sr Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date Roger C Edwards` 8� - 8-2Go—ri 500 '1.t. 4:;Sr;j EPA Form 3560-3 (Rev 9-94) Previous editions are obsolete. I 3 NPIDES yr/mo/day Inspection Type (cont. tic 0 0 8 7 0 ­7 6 111 12 05/03M 17 18 U Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) Since the last inspection Trost the Plant has increased the size of the settling pond, both in depth and area. --he design will 110!Defzlli-.v keep discharges due to storm events to a r.14 nimum and allow the plant the OPPOrtUnitY to settle any water prior to discharge. The plant has a punp on order so that they may better transfer water fl ..-or' the settl4ri .9 basin to the spray basin. Th. plant li�s expense and effort, into j e I obvoious]-Y Put a great dea--i. of the -wet deck il. g flow pattern to the settling pond and, ke epinq aS Much storin Katef, as Possible, away frOM the porid. The plant and the wastewater facilities appear to be in good cons" Lion and are operating Wel-I.There was no discharge at the time of the inszection. 17'hzarlks for al'. the brie spent W--,Ltll the Permit! (If the present permit expires in 6 months or less). Has the permittee submitted a new application? Is the facility as described in the permit? Are there any special conditions for the permit? Is access to the plant site restricted to the general public? Is the inspector granted access to all areas for inspection? Comment: This facility is a 'wet decking' operation with settling pond. Operations & M@jntenance 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: Yes No NA N ❑ ❑ M ❑ ■ O O ❑ ❑ N ❑ ❑ ■ ❑ ❑ ❑ ■ ❑ ❑ ❑ State of North Carolina Department of Environment and Natural Resources Division of Water Quality Michael F. Easley, Governor William G. Ross, Jr., Secretary Alan W. Klimek, P.E., Director October 27, 2004 Mr. Marvin Jones Columbia Forest Products P.O. Box 1148 Old Fort, North Carolina 28762 NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES Subject: Draft NPDES Permit Permit NCO087076 Columbia Forest Products McDowell County Dear Mr. Jones: Enclosed with this letter is a copy of the draft permit for your facility. Please review the draft very carefully to ensure thorough understanding of the conditions and requirements it contains. The draft permit contains no significant changes from your current permit. Submit any comments to me no later than thirty days following your receipt of the draft. Comments should be sent to the address listed at the bottom of this page. If no adverse comments are received from the public or from you, this permit will likely be issued in December, with an effective date of February 1, 2005. If you have any questions or comments concerning this draft permit, call me at (919) 733-5083, extension 511. cc: NPDES Unit _ A;shevfll__ Ite7g--t al lOffice� % Janet C ll— —� 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 An Equal Opportunity Affirmative Action Employer Sincerely, Charles H. Weaver, Jr. NPDES Unit DEC�EOVE I 1 D 0CT 2 3 ?C'04 WATER QUALITY SECTION 919 733 5083, extension 11 FIF g3"'�ONAL OFFICE Charles.Weaver@ ncmail.net Permit NCO087076 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, Columbia Forest Products is hereby authorized to discharge wastewater from a facility located at Columbia Forest Products 369 Columbia Carolina Old Fort, North Carolina McDowell County to receiving waters designated as Catawba River 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. The permit shall become effective This permit and the authorization to discharge shall expire at midnight on December 31, 2009. Signed this day Alan W. Klimek, P.E., Director Division of Water Quality By Authority of the Environmental Management Commission Permit NCO087076 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. Columbia Forest Products is hereby authorized to: 1. Continue to operate an existing wet decking facility consisting of a settling pond and located at 369 Columbia Carolina, near Old Fort in McDowell County. 2. Discharge from said treatment works (via Outfall 001) into the Catawba River, currently a Class C water in the Catawba River Basin, at the location specified on the attached map. k-e Y 'X" 412 -Treen] k (12 �14 Outfall 0105 V BM 1297 • 130 110 1,0­1 7) AW T SBA A� 5 5 0 IN 1246 II 1 1161 /A - Latitude: 35'40'07" Longitude: 8210636" Quad: Marion, N.C. Stream Class: C Subbasmi: 30830 Receiving Stream: Catawba River (146) NCO087076 Columbia Forest Products. 44' 1228 Facility Location V=0-ttA SCALE 1:422000 Permit NCO087076 A. (1) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS Beginning on the effective date of this permit and lasting until expiration, the Permittee is authorized to discharge treated wastewater from Outfall 001. Such discharges shall be limited and monitored by the Permittee as specified below: EFFLUENT LIMITATIONS MONITORING. REQUIREMENTS I>AraaNrFTER }, �VIonthly Daily Measurement Sample Type Sample Average Maximum Frequcicy Location Flow Each event Instantaneous Effluent Total Suspended Solids 30.0 mg/L 45.0 mg/L Each event Grab Effluent Settleable Solids 0.1 ml/L 0.2 ml/L Each event Grab Effluent pH > 6.0 and < 9.0 standard units Each event Grab Effluent There shall be no discharge of floating solids or visible foam in other than trace amounts. There shall be no debris discharged from the facility. A. (2.) BIOCIDE CONDITION There shall be no chromium, zinc or copper added to the treatment system excevt as pre -approved additives to biocidal compounds. The permittee shall obtain approval from the Division's Aquatic Toxicology Unit prior to the use of any biocide (not previously approved by the Division) in the effluent discharged under this permit. Approval for use of any biocide not previously approved should be requested at least 90 days in advance of any planned usage. Contact the Aquatic Toxicology Unit for detailed instructions on requesting approval of biocides: NC DENR / DWQ / Aquatic Toxicology Unit 1621 Mail Service Center Raleigh, North Carolina 27699-1621 of W A Michael F. Easley ® Governor O� r N ENR William G. Ross, Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, RE., Director Division of Water Quality July 2, 2004 Marvin D. Jones Plant Engineer 369 Columbia Carolina Rd. Old Fort, NC 28762 Subject: Receipt of permit renewal application NPDES Pemut NCO087076 Columbia Forest Products McDowell County Dear Mr. Jones: The NPDES Unit received your permit renewal application on July 1, 2004. A member 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. cc: CENTRAL FILES t,,shevil Regiorial-Offic_e%Wafer Qu6t'yySection� NPDES Unit Sincerely, bJ_)__ff Carolyn Bryant Point Source Branch D L i 2004 WATER QUALITY^SEIAICO ICE f 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 columbia �0 FOREST PRODUCTS W E C A R E. After all, .it's our company. 369 Columbia Carolina Road P.O. Box 1148 Old Fort, NC 28762 Phone: 828-724-4191 Fax: 828-724-9987 Mrs. Valery Stephens NC DENR Division of Water (duality Point Source Branch 1617 Mail Service Center Raleigh, NC 27699-1617 Dear Mrs. Stephens: May 10, 2004 Please find enclosed a renewal application for Columbia Forest Product's Old Fort plant wet decking pond discharge permit number NC0087076. There have been no changes or additions to the operation since the previous permit issuance. However, approval of a capital project to mitigate and limit the discharge to only twenty-five year storm events has been approved and will proceed this year. Sincerely, arvin Jones, Pla Engineer NPDES PERMIT PLICATION - SHORT FORM 1 [anufacturing For manufacturing or commercial facilities with a discharge <1, MGD N. C. Department of Environment and Natural Resources Division of Water Quality / NPDES Unit 1617 Mail Service Center, Raleigh, NC 27699-1617 http://h2o.enr.state.ne.us/NPDES/ NPDES Permit Number INCOO 617 07 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 Please print or type C � L, t.! 1'Y1 C3 ► F} �' JL �S'i 6� �v rJ �r cj -f C� L-0 0 -Lj— . pi 07 6 2- "Z ) 7Z4r-Lii q 1 (E t )7Z'L/- -to e7 A*% 10.t .e 1C'' . C V a o,-& 0 C_ M /artrl�rB Alf 0 c 0 poA._ tJ C_ . •'2_ e7 6 2 ( 9•2- V) 7-Lj - it 5 / 2. Location of facility producing discharge: Check here if same as above Facility Name (If different from above) Street Address or State Road City State / Zip Code County 3. Ownership Status: Federal El State 0 Private ® Public 0 4. Standard Industrial Classification (SIC) code(s): q 5. Number of employees: q ? C3 6. Principal product(s) produced:- 04 (t_o t.�t,) �3 �� P� Ty 1.� C, Principal raw material(s) consumed: F 01FLObt iV C7).J (,-t.-Y _ L L) 4 7. Principal process(es): h/V 0 0 4 tt r .-y v, A�+.Oi.�E,� Page 1 of 3 Version —08103 NPDES PERMIT APPLICATION - SHORT FORM C-Manufacturing For manufacturing or commercial facilities with a discharge <1 MGD 8. Amount of principal product produced or raw material consumed TT.ict cnorifir mmnirn+c r-„rr-A ---I /... Product Produced or Raw Material Product Produced or Raw Material Consumed Consumed (AVERAGE) (PEAK) per Day a, rrj per Month % - ' i �a '. Y14? jtd per Year 3/ 6 f' � (� +'=')►'� ��t3 "� •t" 9. Check here if discharge occurs all year , or circle the month(s) when discharge occurs: January February March April July August September October May June November December Days per week discharge occurs:_ 140i ftee 1,C-3 3 f� S7,E>.4-r►-N C- -"U-P-'i NOTE: If the facility has separate discharge points (outfalls) or multiple industrial processes, include a schematic diagram of wastewater flow at the facility. 10. Types of wastewater discharged to surface waters only Discharge per operating month Flow (GALLONS PER OPERATING MONTH) Sanitary -monthly average Utility water, etc. - monthly average Process water - monthly average Monthly Average total discharge (all types) 11. List all permits, construction approvals and/or applications (check all that apply and provide permit numbers or check none if not applicable): Permit Number C] None UIC NPDES PSD 0 NESHAPS TVPe Permit Number C] Non -Attainment 0 Ocean Dumping 0 Dredge/Fill Permits RCRA Other -All R K*rn i psi 6'31 R IDS Page 2 of 3 Version -08/03 NPDES PERMIT PLICATION - SHORT FORM � ianufacturing For manufacturing or commercial facilities with a discharge <1 MGD 12. Number of separate discharge points: 13. Name of receiving stream(s) (Provide a map showing the exact location of each outfall, including latitude and longitude): C A 'T A vJ 'R A iti vi= Yt._ 14. Do you add any chemicals that may be discharged? (Please list and explain source and potential amounts.) ij 0 15. Is this facility located on Native American lands? (check one) YES 0 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. . AiJ Printed name of Person Signing Title 0 of /0 to m Z3 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 3 of 3 Version -08103 Pipe to River Elevotion _ 12' Above River Ri Log Watering Pond Tx150' x 100' Pumps c2) L a t, 34 ° 0' 4 7" Long,82° 6' 23" Water is sprayed onto logs to keep ends from splitting, I_ :► f Sprinklers J Columbia Forest Products Old Fort, NC Figure 2 STS Technologies, I LC Schematic NPDPS Application of Flaw Map: US Geological Survey Map (Marion) Facility Location: Luttiiudc35,U'47^ lunadudu8%"00'23" - ko ~ ' \/ `. � � - U^/ lx _--- �----' NPDES Application Columbia Forest Products Explanation Figure I Location Map Scule1:423UO Arrows indicate the direction ofcurrent ) ^V � Columbia FOREST PRODUCTS W E C A R E. After all, its our company. 369 Columbia Carolina Road P.O. Box 1148 Old Fort, NC 28762 Phone: 828-724-4191 Fax: 828-724-9987 Mrs. Valery Stephens NC DENR Division of Water Quality Point Source Branch 1617 Mail Service Center Raleigh, NC 27699-1617 Dear Mrs. Stephens: June 28, 2004 Columbia Forest Product's plant in Old Fort, NC does not dispose of sludge. However, the soil and debris washed from the logs and the wet decks is periodically pulled from the bottom of the pond and used to maintain the sides of the pond and/or to build up the wet decks. There are no chemical additives to the water and the water is continually recycled during the periods of wet decking. Therefore, Columbia Forest Product's plant in Old Fort, NC does not have a formal sludge management plan for the soil and debris washed from the logs and into the wet decking pond. Sinqprely, /�arv`i2 nePlant Engineer r State of North Carolina Department of Environment and Natural Resources Asheville Regional Office Michael F. Easley, Governor William G. Ross, Jr., Secretary Gregory J. Thorpe, Ph.D., Acting Director Division of Water Quality �fEL NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES q. WATER QUALITY SECTION May 13, 2002 Mr. Marvin Jones — Plant Engineer Columbia Forest Products Post Office Box 1148 Old Fort, North Carolina 28762 Subject: Compliance Evaluation Inspection Status: Compliant Columbia Forest Products NPDES Permit Number NCO087076 Dowell County 11�c Dear Mr. Jones: On May 6, 2002 1 conducted a Compliance Evaluation Inspection of the wet decking operation at the Columbia Forest Products plant in Old Fort, NPDES Permit Number NC0087076. You along with Mr. Greg Decker and staff accompanied me during the inspection and the assistance and information shared was very helpful. The purpose ofr the inspection was to determine the compliance status of the wet decking facilities. The facility appeared to be in compliance with its NPIjES Permit, at the time of the inspection. A copVof the inspection report is attached for your records. The following comments and observation were made at the time of the inspection. The wet decking system was in operation at the time of the inspection. The system was not discharging, however. The facilities appeared to well maintained and operating properly. The pipe that distributes water to the spray operation had recently been hit by.a loader and was being repaired. The settling basin has been cleaned and enlarged since my last visit in February 2001. 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. Jones May 13, 2002 Page 2 You informed me that the only time the system has discharged since the permit was issued was in September 2001. No Discharge Monitoring Report (DMR) was submitted. Please, download a copy of the Division of Water Quality's DMR from the website and submit the completed form immediately. You are required to submit this form no later than the last day of the month following the month of discharge. In other words, this DMR should have been submitted on or before October 31, 2001. The requirement for reporting can be found in your permit under Section D. paragraph 2. "Reporting" and Section E. paragraph 5 " Monitoring Reports". You informed me that the system is monitored two (2) or three (3) time per day when operating. I would recommend that you begin, as soon as possible,-a°;log of these inspections, with; inspectors initials, date, time and status (discharging or not). The log and all other records kept regarding the permitted operation are required to be maintained for a minimum of three (3) years. The requirement for records can be found in your permit under Section D. paragraph 6. "Record Retention". I mentioned to you that should you decide that maintenance is required on your makeup pump in the Catawba River, such as dredging, you should call me prior to these activities. The U.S. Army Corps of Engineers (USACE) will also require notification and possible permitting of the activity. The USACE can be reached at (828) 271-7980. We, also, discussed the need for you to be able to monitor pH on site. You are required to monitor immediately once a sample is taken. To do so you must either make arrangements with a lab certified to perform pH testing or be certified to perform pH testing yourselves. I have attached a copy on the "Application for Field Parameters". I would recommend you become certified for pH and Settleable Solids both. An outside lab would continue to perform your Total Suspended Solids (TSS) analysis. You may contact Mr. Gary Francies at (828) 251-6208 for assistance in becoming certified. Finally, I want to thank you for your cooperation and assistance during the inspection of your facility. It was a pleasure meeting you and your staff. Should you have any questions regarding this or other water quality issues contact me at (828) 251-6208. Sincerely, Larry Frost Environmental Technician Enclosure xc: Gary Francies Greg Decker — Timber Manager 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 NORTH CAROLINA C kRTMENT OF ENVIRONMENT AND NA 2AL RESOURCES Nr-L,cS Compliance Inspection Report Section A: National Data S stem Coding Transaction Code NPDES YR/MO/DAY Inspection Type Inspector Facility Type 5 5 NCO87076 02/05/06 C S 2 Section B::Facllit Rata Name and Location of Facility Inspected Entry Time:, Permit Effective: Columbia Forest Products 1300 01/09/01 369 Columbia Carolina Exit Time/Date: Permit Expiration: Old Fort, North Carolina 1400 04/12/31 McDowell Count Name(s) of On -Site Representative(s) Title(s) Phone No(s) Greg Decker Timber Manager 828 724-4191 Name, Address or Responsible Official Title Marvin Jones Plant Engineer Columbia Forest Products Phone No. Contacted? Post Office Box 1148 (828) 724-4191 Yes Old Fort, North Carolina 28762 Section C: Areas Evaluated Duting inspection (S -:Satisfactory; M r Marginal, LT- Unsatisfactory, N - Not Evaluated) S Permit M Flow Measurement _ Pretreatment S Operations & Maintenance M Records/Reports _ Laboratory _ Compliance Schedules _ Sludge Disposal S Facility Site Review Effluent/Receiving Waters M Self -Monitoring Program Other: Section D: summary of. Find In s/Comments/Com lance Status: Attach additional sheets if necessary) This facility is a "wet decking" operation consisting of; settling pond, spray pumps, supply pumps, controls, piping and appurtenances. The wet decking system was in operation at the time of the inspection. The system was not discharging, however. The facility is well maintained and operating properly. The pipe that distributes water to the spray operation was hit by a loader and was being repaired. The settling basin has been cleaned and enlarged since last visited. In September 2001 the system discharged. No Discharge Monitoring Report (DMR) was submitted. A DMR is required to be submitted no later than the last day of the month following the month of discharge. The requirement for reporting can be found in permit Section D. paragraph 2. `Reporting" and Section E. paragraph 5 " Monitoring Reports". The system is monitored two (2) or three (3) time per day when operating. It is recommend that a log of these inspections, with; inspectors initials, date, time and status (discharging or not), be maintained. The suggested log and all other records kept with regards to the operation of the system are required to be maintained for a minimum of three (3)"years. The requirement for records can be found in permit Section D. paragraph 6. `Record Retention". An individual responsible to the company must be certified to perform the pH monitoring. Prior to the next discharge. Certification information was supplied to the permittee. Compliance Status: C Compliance Deficiency Non -Compliance Name(s) and Signature(s) of Inspectors Zi._..%G Agency/OfficefTelephone Date Larry Frost NC-DWQ/ARO/828-251-6208 02/05/13 Signature of Reviewer Agency/Office/Telephone D_W - .✓� y NC-DWQ/ARO/828-251-6208 5 ; r NCDENR / DW9 FACT SKEET FOR NPDES PERMIT DEVELOPMENT Columbia Forest Products NPDES No. NCO087076 =F cilaty Inforix>4atzon (1.) Facility Name: Columbia Forest Products (2.) Permitted F1ow,MGD: NA (6.) County: McDowell (3.) Facility Class: I (7.) Regional Office: Asheville (4.) Facility Status: Existing (8.) USGS Topo Quad: E 10NW (West Marion) (5.) Permit Status: New (1.) Receiving Stream: Catawba River (2.) Subbasin: Catawba (030830) (8.) Drainage Area (mi2): NA (3.) Index No.: 11-8 (9.) Summer 7Q10 (cfs) NA (4.) Stream Class: C (10.) Winter 7Q10 (cfs): NA (5.) 303(d) Listed: NO (11.) 30Q2 (cfs): NA (6.) 305(b) Status: (12.) Average Flow (cfs): NA (7.) Use Support: (13.) IWC (%): NA Conditions Incorporated into New Permit >P"x°opc>•�'ed C�r�da�aons Parameters �Affected� �aSYS-for Conc�>�ion�s� .� n 40 CFR 429.101 sets BPT limits Effluent pl 1 Wet decking is subject to Federal for pH (6-9) and requires that Effluent Guidelines-' 40 CFR "there shall be no debris Debris 429.101. Subpart I- Wet Storage discharged". These are same Subcategory requirements as BAT and PSNS. Set TSS limit (30/45 rng/1) and Effluent Limits-TSS. Settleable Consistent with other wet deck settleable solids limit (0.1 /0.2 Solids permits. ml/1). Set flow monitoring requirement. Effluent Monitor- Flow Consistent with other wet deck permits. Set biocide condition Effluent Sheet- Biocide Consistent with other wet deck Condition permits. Set all monitoring frequencies on Monitoring frequency- per The application states that a "per event" discharge basis. discharge event . discharge is only during large rain events > 2 inches. Set permit expiration date of Permit expiration date Per basin renewal schedule. 12/31/04. y NPDES PERMIT FACT SHEET Columbia Forest Products Page 2 NPDES No. NCO087076 PROJECT NOTES Summary • This is a permit application for a new individual NPDES permit for an existing wet decking operation in McDowell County. Per ARO, the facility was originally permitted by an individual permit (NC0048542; rescinded), then under a General Stormwater Permit. The Division determined that this facility requires an individual NPDES permit to continue discharging from the wet decking operation. • The facility pumps water from a 561,000-gallon holding pond (5' x 100' x 150-ft) to spray logs stored on land. The spraying occurs April to November, and excess spray water is routed back to the pond by ditches. The facility withdraws water from the Catawba River as needed to maintain pond water level during summer. There is a berm separating the storage pond from the river. During large storm events (approximately ! 2 inches), the pond overflows into the Catawba River. No chemical products are added to the water, and logs are untreated. • The facility discharges intermittently to the Catawba River during storm events. This segment of the river is Class C in the Catawba River Basin (subbasin 030830), and is not listed as impaired on the Draft 2000 303(d) listing. The 1999 Basin Plan lists no specific management strategies for this river segment. Permit Limit Development • Effluent guidelines (40 CFR 429.101) covers wet deck operations, setting limits for pH (6-9) and restricting discharge of debris. • Set limits for TSS and settleable solids, and monitoring -only for flow, consistent with other wet deck permits. • Applicant has reported that discharge occurs only during large storm events L 2 inches rainfall). Therefore, set all monitoring frequencies to a "per discharge event" basis. Engineering Alternatives Analysis (EAA) Review. • The applicant submitted an EAA. The applicant's consultant considered a non -discharge recycle option, but could not guarantee that there would never be a discharge to surface waters during large storm events. Kim Colson (Non -Discharge Unit) confirmed that a recycle permit does.not allow.for.any discharge. Given this constraint, direct discharge request is acceptable. Asheville Region. • ARO submitted a staff report (dated 2/ 19/01) and recommended permit issuance. Page 2 Version: May 4, 2001 NPDES PERMIT FACT SHEET Columbia Forest Products Page 3 NPDES No. NCO087076 Proposed Schedule for Permit Issuance Draft Permit to Public Notice: 05/23/01 Permit Scheduled to Issue: 07/09/01 State Contact If you have any questions on any of the above information or on the attached permit, please contact Tom Belnick at (919) 733-5038, extension 543. Copies of the following are attached to provide further information on the permit development: • Draft Permit In A tk�n 5,7 -0/ /NPDES Recommendation by: ignature Date Regional Office Comments Regional Recommendation / 19/ signature Date Reviewed and accepted by: Regional Supervisor: Signature a NPDES Unit Supervisor: Signature Date Page 3 Version: May 4, 2001 C W ATFR ARA "'p ENA �. NCDR I�D � Ed Wicklander, Plant Engineer Columbia Forest Products P.O. Box 1148 Old Fort, North Carolina 28762 Dear Mr. Wicklander: Michael F. Easley Governor William G. Ross, Jr., Secretary North Carolina Department of Environment and Natural Resources Kerr T. Stevens, Director Division of Water -Quality May 16, 2001 Subject: NPDES Draft Permit Permit No. NCO087076 Columbia Forest Products McDowell County rs � Please find enclosed the DRAFT permit for the subject wastewater treatment plant for your review and comment. The draft permit includes the following items: ■ Effluent permit limits for pH, total suspended solids, and settleable solids, and monitoring -only for flow. ■ Monitoring will be required during each discharge event. Based on the application material submitted, discharge events are intermittent and generally occur only during large storm events when the capacity of the settling pond is exceeded. Please provide any comments you have regarding the draft permit to this office by June 23, 2001. At this time, the Division is also publishing a notice in the newspapers of general circulation in McDowell County, inviting public comment on the draft permit._ Following the 30-day comment period, we will review all pertinent comments received and take appropriate action on the permit renewal. If you have any questions concerning the draft permit or the other requirements for your facility, please call me at (919) 733-5083, extension 543. Si cerely om Belnick NPDES Unit cc (w/ DRAFT permit): Asheville Region, Larry Frost (+ Fact Sheet) NPDES Files Stacie Greco, STS Technologies, 9 W. Walnut Street, Asheville NC 28801 N. C. Division of Water Quality / NPDES Unit 1617 Mail Service Center, Raleigh, NC 27699-1617 Internet: h2o.enr.state.nc.us Phone: (919) 733-5083 fax: (919) 733-0719 DENR Customer Service Center. 1 800 623-7748 r Permit No. NCO087076 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY 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, Columbia Forest Products is hereby authorized to discharge wastewater from a facility located at Columbia Forest Products 369 Columbia Carolina Old Fort, North Carolina McDowell County to receiving waters designated as Catawba River 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. The permit shall become effective Month xx, 2001 This permit and the authorization to discharge shall expire at midnight on December 31, 2004 Signed this day Month xx, 2001 Kerr T. Stevens, Director Division of Water Quality By Authority of the Environmental Management Commission e Permit No. NCO087076 SUPPLEMENT TO PERMIT COVER SKEET Columbia Forest Products is hereby authorized to: 1. Continue to operate an existing wet decking facility consisting of a settling pond and located at Columbia Forest Products, 369 Columbia Carolina, Old Fort, McDowell County, and; 2. Discharge from said treatment works (via Outfall 001) into the Catawba River, a Class C water in the Catawba River Basin, at the location specified on the attached map. t J. Latitude: 35' 40' 13" Longitude: 82' 06'24- Nt USGS Quad EIONW River Basin 9: 03-08-30 Receiving Stream: Catawba River Stream Class: C . C ?—e k (121 1228 Outfall 001 Columbia Forest Products Wet Decking McDowell County NCO087076 4 Permit No. NCO087076 A (1). EFFLUENT LIMITATIONS AND MONITORING: REQUIREMENTS Beginning on the effective date of this permit and lasting until expiration, the Permittee is authorized to discharge treated wastewater from Outfall 001. Such discharges shall be limited and monitored by the Permittee as specified below: t EFFLUENT LIMITATIONS MOiVITpRIN I21+QUIR>NtENTS t ; ;Monthly Weekly Daiiy- Measuremeaxl� Sauaple t Sample CHAMA ; Average Average Mazimnm Frequencg Typ Locations _ _ Y Flow Each event Instantaneous E Total Suspended Solids 30.0 mg/1 45.0 mg/1 Each event Grab E Settleable Solids 0.1 ml/1 0.2 ml/1 Each event Grab E pH2 Each event Grab E Notes: 1. Sample locations: E- Effluent. 2_ The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units. The permittee shall obtain authorization from the Division prior to use of any chemical additive in the discharge. The permittee shall notify the Director in writing at least ninety (90) days prior to instituting use of any additional additive in the discharge which may be toxic to aquatic life (other than additives previously approved by the Division). Such notification shall include completion of Biocide Worksheet Form 101 (if applicable), a copy of the MSDS for the additive, and a map indicating the discharge location. There shall be no chromium, zinc, or copper added to the discharge except as pre -approved additives to biocidal compounds. There shall be no discharge of floating solids or visible foam in other than trace amounts. There shall be no debris discharged from the facility. SOC PRIORITY PROJECT: Yes No IF YES, SOC NUMBER TO: NPDES UNIT WATER QUALITY SECTION ATTENTION: Tom Belnick DATE: February 19,. 2001 NPDES STAFF REPORT AND RECOMMENDATION McDowell COUNTY PERMIT NUMBER NCO087076 PART I - GENERAL INFORMATION 1. Facility and Address: Columbia Forest Products State Road 1246 Old Fort, North Carolina 28762 Mailing: Post Office Box 1148 Old Fort, North Carolina 28762 2. Date of Investigation: February 13, 2001 3. Report Prepared By: Larry Frost 4. Persons Contacted and Telephone Number: Columbia Forest Products Ed Wicklander, Plant Engineer, (828) 724-4191 Jim Sitts, Appalachian Timber Manager, (818) 724-4191 STS Technologies, LLC Stacie Greco, Project Manager, (828) 232-0208 5. Directions,to Site: From Old Fort, North Carolina take US Highway 70 East to State Road 1246 approximately 3 miles the plant will be on the left. 6. Discharge Point(s), List for all discharge points: Latitude: 350 40' 13"N Longitude: 820 06' 2411W Attach a USGS map extract and indicate treatment facility site and discharge point on map. U.S.G.S. Quad No. U.S.G.S. Quad Name West Marion r- 7. Site size and expansion area consistent with application? X Yes No If No, explain_: 8. Topography (relationship to flood plain included): flat in the flood plain 9. Location of nearest dwelling: Greater than 500 feet 10. Receiving stream or affected surface waters: Catawba River a. Classification: Class C b. River Basin and Subbasin No.: 030830 C. Describe receiving stream features and pertinent downstream uses: fishing, fish and wildlife propagation, agricultural, recreational, and industrial purposes PART II - DESCRIPTION OF DISCHARGE AND TREATMENT WORKS 1. a. Volume of wastewater to be permitted 0.024 MGD (Ultimate Design Capacity) b. What is the current permitted capacity of the Wastewater Treatment facility? Not permitted c. Actual treatment capacity of the current facility (current design capacity N/A d. Date(s) and construction activities allowed by previous Authorizations to Construct issued in the previous two years: N/A e. Please provide a description of existing or substantially constructed wastewater treatment facilities: The existing facility consists of a raw water pump in the Catawba River, for pond replenishment, a pond to contain the water, spray pump and associated piping to deliver the water to spray the logs. f. Please provide a description of proposed wastewater treatment facilities: g. Possible toxic impacts to surface waters: h. Pretreatment Program (POTWs only): in development approved should be required not needed 2. Residuals handling and utilization/disposal scheme: Ur r a. If residuals are being land applied,iplease:specify DWQ Permit Number Residuals Contractor Telephone Number b. Residuals stabilization: PSRP PFRP OTHER C. Landfill: d. Other disposal/utilization scheme (Specify): 3. Treatment plant classification (attach completed rating sheet): Not Classifie 4. SIC Codes(s).: 2435 Primary 19 Secondary Main Treatment Unit Code:50000 PART III OTHER PERTINENT INFORMATION, 1. Is this facility being constructed with Construction Grant Funds or are any public monies involved. (municipals only)? 2. Special monitoring or.limitations (including toxicity) requests: 3. Important SOC, JOC,.or Compliance Schedule dates: (Please indicate) Date Submission of Plans and Specifications Begin Construction Complete Construction 4. Alternative Analysis Evaluation: Has the facility evaluated all of the non -discharge options available. Please provide regional perspective for each option evaluated. Spray Irrigation: Connection to Regional Sewer System: Subsurface: Other disposal options: 5. Other Special Items: PART ITT - EVALUATION AND RECOMMENDATIONS Columbia Forest Products has submitted an application for NPDES Permit No. NCO087076 at the request of the division (DWQ). Their facility pumps water from a holding pond and sprays the water on logs to.keep the logs wet prior to making plywood (wet decking). The spraying takes place from April until November each year. Excess water returns to the pond by way of interconnected.ditches. The water level in the pond is maintained by a replenishment pump and associated level controls. Discharge of water from the pond occurs only during heavy rainstorm events. History Columbia Forest Products had at some point in the past an NPDES Permit (Number NC0048542). That permit was rescinded and they have been operating under their stormwater permit ever since. Recommendation Since the division (DWQ) has determined that Columbia Forest Products once more requires and individual permit to continue existing operations, I recommend that Permit Number NCO087076 be granted and that monitoring take place only when the holding pond discharges. Monitoring should include flow (quantity discharged), Settleable Solids, TSS and COD. If you have any questions, please call. Sig ture of Report Preparer er Quality Regional Supervisor lerl Da e TPi NPDES APPLICATION Prepared for Columbia Forest Products Old Fort, NC Prepared by STS TECHNOLOGIES,I LLC 9 W. Walnut Street Asheville, NC 28801 888-845-0848 December 2000 U, . NPDES Application Form - Standard Form C Major Manufacturing or Commercial Facilities N. C. Department of Environment and Natural Resources Division of Water Quality / NPDES Unit 1617 Mail Service Center, Raleigh, NC 27699-1617 SECTION 1. APPLICATION AND FACILITY DESCRIPTION Unless otherwise specified on this form all items are to be completed. If an item is not applicable indicate 'NA'. 1. Applicant and facility producing discharge This applies to the person, agency, firm, municipality, or any other entity that owns or is responsible for the permitted facility. This may or may not be the same name as the facility or activity producing the discharge. Enter the name of the applicant as it is officially or legally referred to; do not use colloquial names as a substitute for the official name. Name Columbia Forest Products Mailing address of applicant: Street address P.O. Box 1148 City Old Fort County McDowell State NC Zip Code 28762 Telephone Number ( 828) 724-4191 Fax Number ( 828 ) 724-4271 e-mail address ewicklanderPcolumbiaforestproducts.com 2. Mailing address of applicant's Authorized Agent / Representative: Complete this section if an outside consulting firm/ engineering firm will act on behalf of the applicant / permittee Street address 9 West Walnut St. City Asheville County Buncombe State NC Zip Code 28801 Telephone Number ( 828 ) 232-0208 Fax Number ( 828 ) 281-2772 e-mail address aina@sts-technologies.com 3. Facility Location: Street address 369 Columbia Carolina City Old Fort County McDowell State NC Zip Code 28762 Telephone Number ( 828 ) 724-4191 Fax Number ( 828 ) 724-4271 4. Nature of Business: Columbia Forest Products manufactures hardwood plywood. State the nature of the business conducted at the plant or operating facility I certify that I am familiar with the information contained in this application and that to the best of my knowledge and belief such information is true, complete, and accurate. �(%i C /C /3h e/ e. ✓ / -ahrt G s t H �— Printed Name of Person Signing Signature of Applicant or Authorized Agent 10 0 Application Signed North Carolina General Statue 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 1 a fine or not more than S10.000 or imprisonment not more than 5 years, or both, for a similar offense.) 1 of 4 NPDES Application Form - Standard Form C Major Manufacturing or Commercial Facilities SECTION 11. BASIC DISCHARGE DESCRIPTION Complete this section for each discharge from the facility to surface waters. SEPARATE DESCRIPTIONS OF EACH DISCHARGE ARE REQUIRED EVEN IF SEVERAL DISCHARGES ORIGINATE IN THE SAME FACILITY. All values for an existing discharge should be representative of the twelve previous months of operation. If this is a proposed discharge, values should reflect best engineering estimates, 1. Outfall Number 005 and Type Overflow from the rinsing water holding pond Give the nature of the discharge (process water, non -contact cooling water, etc.) 2. Discharge To End Date: N/A If the discharge is scheduled to be discontinued within the next 5 years, give the date (or best estimate) the discharge will end. 3. Discharge Receiving Stream Name: Catawba River Give the name of the waterway (at the point of discharge) by which it is usually designated on published maps of the area. If the discharge is to an unnamed tributary, so state and give the name of the first body of water fed by that tributary which is named on the map, e.g., UT to McIntire Creek, where McIntire Creek is the first water way that is named on the map and is reached by the discharge. 4. Discharge Type and Occurrence a. Check whether the discharge is continuous or intermittent. If the discharge is intermittent, describe the frequency of discharge ❑ Continuous ❑ Intermittent Frequency: during large storm events (approximately 2 inches of rain) Enter the average number of days per week (during periods of discharge) this discharge occurs. Weather dependent (approximately once a month) days per week 5. Water Treatment Additives Complete the table below if this outfall: • discharges cooling and/or steam water generation • water treatment additives are used (any conditioner, inhibitor, or algicide) • does not have whole -effluent toxicity testing required Additive Manufacturer Quantity Chemical Composition (pounds added per million (active ingredient(s)) gallons of water treated) 2of4 NPDES Application Form - Standard Form C Major Manufacturing or Commercial' Facilities OUTFALL NUMBER 005 6. Wastewater Characteristics Check the box beside each constituent present in the effluent (discharge water). This determination is to be based on actual analytical data or best estimate (for proposed discharges). Parameter Present Parameter Present Color 00080 X Copper 01042 Ammonia 00610 Iron 01045 X Organic nitrogen 00605 Lead 01051 Nitrate 00620 Magnesium 00927 X Nitrite 00615 Manganese 01055 X Phosphorus 00665 X Mercury 71900 Sulfate 00945 X Molybdenum 01062 Sulfide 00745 Nickel 01067 Sulfite 00740 Selenium 01147 Bromide 71870 Silver 01077 Chloride 00940 X Potassium 00937 X Cyanide 00720 Sodium 00929 X Fluoride 00951 Thallium 01059 Aluminum 01105 Titanium 01152 Antimony 01097 Tin 01102 Arsenic 01002 Zinc 01092 Beryllium 01012 Algicides* 74051 Barium 01007 X Chlorinated organic compounds* 74052 Boron 01022 Pesticides* 74053 Cadmium 01027 Oil and grease 00550 X Calcium 00916 X Phenols 32730 X Cobalt 01037 Surfactants 38260 Chromium 01034 Chloride 50060 Fecal coliform 74055 X Radioactivity ; 74050 3 of 4 i NPDES Appm lication Form — Standard ForC Major Manufacturing or Commercial' Facilities 7. Supplemental Documentation Submit the following information appended at the end of this application form. All sheets should be approximately letter size with margins suitable for filing and binding. All pages should include facility location and permit number (if available). ❑ Present Operating Status: Provide a narrative description of installed wastewater treatment components at the facility. Include sizes & capacities for each component. ❑ Potential Facility Changes: Provide a narrative description of any planned upgrades / expansions / repairs planned for the facility during the next five years. Do not include tasks associated with routine operation & maintenance. ❑ Schematic of wastewater flow: Provide a line drawing of water flow through the facility. The schematic should show flow volumes at all points in the treatment process. Specific treatment components should - be identified. ❑ Location map: Submit a map showing the location of each outfall. !The usual meridian arrow showing north as well as the map scale must be shown. On all maps of rivers, the direction of the current is to be indicted by an arrow. All outfalls should be identified with the outfall number(s) used in Section II of this application. A copy of the relevant portion of a USGS topographic'map is preferred. ❑ Production Data: Submit the last 3 years' production data for the facility. Where applicable, use units specified in the appropriate subpart of 40 CFR. ❑ Priority Pollutant Analysis: Industrial facilities classified as Primary Industries (see Appendix A to Title 40 of the Code of Federal Regulations, Part 122) must submit a Priority Pollutant Analysis (PPA) in accordance with 40 CFR Part 122.21. If the PPA is not completed within one week of the due date for the permit application, submit the application package without the PPA. 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NPDES Application Figure 1 STS Technologies, LLC Columbia Forest Products . Location Map Dirt Access Road Pipe to River Elevation 12' Above River Return Water. / Ditch Log Watering Pond I�tf 5'x150' x 100' Pumps (2) L a t, 3 4° 0' 4 7" Long,82° 6' 23' Columbia Forest Products Old Fort, NC NPDES Application U ILD Q 0 �-- J (4 Sprinklers Figure 2 Schematic of Flow V U lD Q El F- J (� STS Technologies, LLC Operating Status Columbia Forest Products manufactures hardwood plywood at the facility located in Old Fort, North Carolina. Rows of logs are stored at the northeast corner of the property. In 1982 a wet -decking procedure was adopted to prevent the logs from cracking. Beginning in March or April and continuing through October or November the logs are sprinkled with water from a nearby pond that is 100ft by 150ft in area and approximately 5ft in depth. When too much water is lost to evaporation and percolation, the pond is filled with water from the Catawba River that is pumped at a maximum rate of 300 gallons/minute. It is important to stress, that any pollutants found in the discharged wet - decking wastewater most likely originated from the Catawba River. No chemical products are added to the water, and the logs are untreated. The rinse water is sprayed over the logs at a maximum flow of 800 gallons/minute and is then diverted back into the pond by drainage ditches. During storm events resulting in approximately two inches or more of rain, the pond overflows into the Catawba River through a 2ft-diameter outfall pipe. Columbia Forest Products STS Technologies, LLC Old Fort, North Carolina NPDES Permit Application Potential Facility Changes Ed Wicklander, the Plant Engineer of Columbia Forest Products, reported that he is not aware of any plans to upgrade, expand, or repair the facility within the next five years. Production Data The following table displays the 1997-1999 production data for Columbia Forest Products. Year Total Square Feet of 3/8" Plywood Produced 1997 193,044,506 1998 199,102,000 1999 222,805,100 Priority Pollutant Analysis Mike Parker of North Carolina Department of Natural Resources (DNER) determined that Priority Pollutant Analysis is not necessary for the purpose of this application. Discharge Alternatives As an alternative to the individual NPDES permit, a non -discharge permit was seriously considered. To prevent a discharge to the river during large storm events, the berm separating the pond from the river would have to be raised. Since it is not possible to predict the frequency and intensity of large storm events, no guarantee could be made that the pond would never discharge into the river. A discharge would be in violation of the non -discharge permit and would result in Columbia Forest Products receiving a notice of violation (NOV). An individual NPDES permit seems to be the most viable option to insure that Columbia Forest Products remains in full compliance with state regulations. Columbia Forest Products STS Technologies, LLC Old Fort, North Carolina NPDES Permit Application State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Bill Holman, Secretary Kerr T. Stevens, Director August 2, 2000 Mr. Edwin R. Wicklander Columbia Forest Products P.O. Box 1148 Old Fort, North Carolina 28762 Subject: Dear Mr. Wicklander: / • • NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES i I 2000 AUG - 8 �i II � 1h'1;TER t" H11TY S, [C-1 10if NPDES Permit appi;�2 lication L; _ IC�,°;AL 0FF!CE Columbia Forest Products - McDowell County Return # 2087 In accordance with Division policy, we must hereby return the attached permit application received on July 25, 2000. After a preliminary review by the NPDES staff, the Division has determined that the application package lacks the following items: ■ Complete analysis of discharge alternatives. Applicants for new permits must fully document all alternatives to surface water discharge (15A NCAC 2H.0105 (c)(2)). Why was discharge of the wet - decking wastewater chosen over other disposal options? ■ Permit application fee. The correct fee for this type of permit is $715.00, payable by check to NCO DENR. ■ Additional information on current discharges of wet -decking wastewater. How long has the existing disposal system been in place? ■ Additional copies of the application package. Submit the original application and two copies if you wish to reapply for a permit. The additional copies will be reviewed by other personnel outside the NPDES Unit, as necessary. If you wish to reapply for a permit, submit the items listed above and the items returned to you in one package. If you have any questions about the NPDES permitting process, contact me at the telephone number or address listed at the bottom of this page. Questions about permitting restrictions unique to your area should be directed to Mike Parker of the Asheville Regional Office at (828) 251-6208. cc: NPDES File iAsheville Regional Office / 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 VISIT US ON THE INTERNET @ http://h2o.enr.state.nc.Us/NPDES Sincerely, Charles H. Weaver, Jr. NPDES Unit Telephone (919) 733-5083 FAX (919) 733-0719 Charles.Weaver@ncmail.net -F F«i4 7vr- 62r 0l AvAL 6W V 1 Prepared for Columbia Forest Products Old Fort, NC Prepared by STS TECHNOLOGIES, 9 W. Walnut Street Asheville, NC 28801 888-845-0848 July 2000 LLC JUL 2 4 2000 T'i V1 NPDES Application Form - Standard Form C Major Manufacturing or Commercial Facilities N. C. Department of Environment and Natural Resources Division of Water Quality / NPDES Unit 1617 Mail Service Center, Raleigh, NC 27699-1617 SECTION 1. APPLICATION AND FACILITY DESCRIPTION Unless otherwise specified on this form all items are to be completed. If an item is not applicable indicate 'NA'. 1. Applicant and facility producing discharge This applies to the person, agency, firm, municipality, or any other entity that owns or is responsible for the permitted facility. This may or may not be the same name as the facility or activity producing the discharge. Enter the name of the applicant as it is officially or legally referred to; do not . use colloquial names as a substitute for the official name. Name Columbia Forest Products Mailing address of applicant: Street address P.O. Box 1148 City Old Fort County McDowell State NC Zip Code 28762 Telephone Number ( 828) 724-4191 Fax Number ( 828 ) 724-4271 e-mail address ewicklander@columbiaforestproducts.com 2. Mailing address of applicant's Authorized Agent / Representative: Complete this section if an outside consulting firm/ engineering firm will act on behalf of the applicant / permittee Street address 9 West Walnut St. City Asheville County Buncombe State NC Zip Code 28801 Telephone Number ( 828 ) 232-0208 Fax Number ( 828 ) 281-2772 e-mail address aina@sts-technologies.com 3. Facility Location: Street address 369 Columbia Carolina City Old Fort County McDowell State NC Zip Code 28762 Telephone Number ( 828 ) 724-4191 Fax Number ( 828 ) 724-4271 4. Nature of Business:_ Columbia Forest Products manufactures hardwood plywood. State the nature of the business conducted at the plant or operating facility I certify that I am familiar with the information contained in this application and that to the best of my knowledge and belief such information is true, complete, and accurate. Printed Name of Person Signing Title Signature of Applicant or Authorized Agent I DaA Application Signed North Carolina General Statue 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 or not more than $10,000 or imprisonment not more than 5 years, or both, for a similar offense.) 1 of 4 NPDES Application Form - Standard Form C Major Manufacturing or Commercial Facilities SECTION II. BASIC DISCHARGE DESCRIPTION Complete this section for each discharge from the facility to surface waters. SEPARATE DESCRIPTIONS OF EACH DISCHARGE ARE REQUIRED EVEN IF SEVERAL DISCHARGES ORIGINATE IN THE SAME FACILITY All values for an existing discharge should be representative of the twelve previous months of operation. If this is a proposed discharge, values should reflect best engineering estimates. 1. Outfall Number 005 and Type Overflow from the rinsing water holding pond Give the nature of the discharge (process water, non -contact cooling water, etc.) 2. Discharge To End Date: N/A If the discharge is scheduled to be discontinued within the next 5 years, give the date (or best estimate) the discharge will end. 3. Discharge Receiving Stream Name: Catawba River Give the name of the waterway (at the point of discharge) by which it is usually designated on published maps of the area. If the discharge is to an unnamed tributary, so state and give the name of the first body of water fed by that tributary which is named on the map, e.g., UT to McIntire Creek, where McIntire Creek is the first water way that is named on the map and is reached by the discharge. 4. Discharge Type and Occurrence a. Check whether the discharge is continuous or intermittent. If the discharge is intermittent, describe the frequency of discharge ❑ Continuous IS Intermittent Frequency: during large storm events (approximately 2 inches of rain) Enter the average number of days per week (during periods of discharge) this discharge occurs. Weather dependent (approximately once a month) days per week 5. Water Treatment Additives Complete the table below if this outfall: • discharges cooling and/or steam water generation • water treatment additives are used (any conditioner, inhibitor, or algicide) ' does not have whole -effluent toxicity testing required Additive Manufacturer Quantity Chemical Composition (pounds added per million (active ingredient(s)) gallons of water treated) 2of4 NPDES Application Form - Standard Form C Major Manufacturing or Commercial Facilities OUTFALL NUMBER 005 6. Wastewater Characteristics Check the box beside each constituent present in the effluent (discharge water). This determination is to be based on actual analytical data or best estimate (for proposed discharges). Parameter Present Parameter Present Color 00080 X Copper 01042 Ammonia 00610 Iron 01045 X Organic nitrogen 00605 Lead 01051 Nitrate 00620 Magnesium 00927 X Nitrite 00615 Manganese 01055 X Phosphorus 00665 X Mercury 71900 Sulfate 00945 X Molybdenum 01062 Sulfide 00745 Nickel 01067 Sulfite 00740 Selenium 01147 Bromide 71870 Silver 01077 Chloride 00940 X Potassium 00937 X Cyanide 00720 Sodium 00929 X Fluoride 00951 Thallium 01059 Aluminum 01105 Titanium 01152 Antimony 01097 Tin 01102 Arsenic 01002 Zinc 01092 Beryllium 01012 Algicides* 74051 Barium 01007 X Chlorinated organic compounds* 74052 Boron 01022 Pesticides* 74053 Cadmium 01027 Oil and grease 00550 X Calcium 00916 X Phenols 32730 X Cobalt 01037 Surfactants 38260 Chromium 01034 Chloride 50060 Fecal coliform 74055 X Radioactivity 74050 3of4 NPDES Application Form — Standard Form C Major Manufacturing or Commercial Facilities 7. Supplemental Documentation Submit the following information appended at the end of this application form. All sheets should be approximately letter size with margins suitable for filing and binding. All pages should include facility location and permit number (if available). ❑ Present Operating Status: Provide a narrative description of installed wastewater treatment components at the facility. Include sizes & capacities for each component. ❑ Potential Facility Changes: Provide a narrative description of any planned upgrades / expansions / repairs planned for the facility during the next five years. Do not include tasks associated with routine operation & maintenance. ❑ Schematic of wastewater flow: Provide a line drawing of water flow through the facility. The schematic should show flow volumes at all points in the treatment process. Specific treatment components should be identified. ❑ Location map: Submit a map showing the location of each outfall. The usual meridian arrow showing north as well as the map scale must be shown. On all maps of rivers, the direction of the current is to be indicted by an arrow. All outfalls should be identified with the outfall number(s) used in Section II of this application. A copy of the relevant portion of a USGS topographic map is preferred. ❑ Production Data: Submit the last 3 years' production data for the facility. Where applicable, use units specified in the appropriate subpart of 40 CFR. ❑ Priority Pollutant Analysis: Industrial facilities classified as Primary Industries (see Appendix A to Title 40 of the Code of Federal Regulations, Part 122) must submit a Priority Pollutant Analysis (PPA) in accordance with 40 CFR Part 122.21. If the PPA is not completed within one week of the due date for the permit application, submit the application package without the PPA. Submit the PPA as soon as possible after it is completed. 4of4 Operating Status Columbia Forest Products manufactures hardwood plywood at the facility located in Old Fort, North Carolina. Rows of logs are stored at the northeast corner of the property. To prevent cracking the logs are sprinkled with water from a nearby pond that is 100ft by 150ft in area and approximately 5ft in depth. The pond is filled with water from the Catawba River that is pumped at a maximum rate of 300 gallons/minute. No chemical products are added to the water, and the logs are untreated. The rinse water is sprayed over the logs at a maximum flow of 800 gallons/minute and is then diverted back into the pond by drainage ditches. During storm events resulting in approximately two inches or more of rain, the pond overflows into the Catawba River through a 2ft-diameter outfall pipe. Columbia Forest Products STS Technologies, LLC Old Fort, North Carolina NPDES Permit Application Explanation Map: US Geological Survey Map (Marion) Scale 1:42300 Facility Location: Lattitude 35°0'47" Arrows indicate the direction of current Longitude 82°06'23" NPDES Application Columbia Forest Products I Dlrt Access Road Plpe to Rlver Elevation 12' Above River Return Water / Ditch - Log Watering Pond 5'x150' x 100' Pumps (2) L a t, 3 4° 0' 4 7" Long,82° 6' 23' Water is sprayed onto logs to keep ends. from splitting, U U U E] El 0 F— Sprinklers Columbia Forest Products Figure 2 Old Fort, NC g STS Technologies, LLC NPDES Application Schematic of Flow Potential Facility Changes Ed Wicklander, the Plant Engineer of Columbia Forest Products, reported that he is not aware of any plans to upgrade, expand, or repair the facility within the next five years. Production Data The following table displays the 1997-1999 production data for Columbia Forest Products. Year Total Square Feet of 3/8" Plywood Produced 1997 193,044,506 1998 199,102,000 1999 222,805,100 Priority Pollutant Analysis Mike Parker of North Carolina Department of Natural Resources (DNER) determined that Priority Pollutant Analysis is not necessary for the purpose of this application. Columbia Forest Products STS Technologies, LLC Old Fort, North Carolina NPDES Permit Application _+ NORTH CAROLINA DEPARTMENT OP ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY WATER QUALITY SECT�ftEVILLE REGIONAL OFFICE May 23, 2000 Mr. Ed Wicklander Carolina Forest Products Columbia Carolina Division Post Office Box 1148 Old Fort, North Carolina 28762 Subject: Requirement for NPDES Permit Columbia Carolina Old Fort Plant McDowell County Dear Mr. Wicklander: On May 11, 2000, Mr. Keith Haynes of this Office visited your facility to examine the water handling system for your log spraying operation. This review was done to determine if an NPDES Permit is necessary. During Mr. Haynes visit, it was determined that the pond which catches run-off and over -spray from the operation would likely discharge into the Catawba River at times less severe than a 25 year, 24 hour storm event. Since the pond can overflow into the river, it will be necessary for you to apply for an NPDES Permit. Please find enclosed a copy of the application which you should fill out for the operation. Please submit this application within thirty days to the address shown on the form with a copy to this regional office. If you have any questions regarding this or any related matters, please do not hesitate to contact Mr. Haynes or me at 828/251-6208. Thank you for your attention and cooperation in this matter. Sincerely, r Forrest R. Westall Water Quality Regional Supervisor Enclosure '- INTERCHANGE BUILDING, 59 WOODFIN PLACE, ASHEVILLE, NORTH CAROLINA 28801-2414 PHONE 828-251-6208 FAX 828-251-6452 AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/10% POST -CONSUMER PAPER 4 C�CfP��, MICN,A1rL4 l�frA�l N�Illtt?tlaLgyAdY`Dft Certified Mail # 70151520 0003 5463 4972 Return Receipt Requested April 19, 2017 Jeffrey Wakefield Columbia Forest Plywood Products 369 Columbia Carolina Rd Old Fort, NC 28762 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. NCO087076 Columbia Forest Plywood Products Columbia Forest Plywood Products Case No. )L,V-2017-0134 McDowell County Dear Permittee: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $216.62 ($100.00 civil penalty + $116.62 enforcement costs) against Columbia Forest Plywood Products. This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report (DMR) submitted by Columbia Forest Plywood Products for the month of August 20162016. 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. NC0087076. The violations, which occurred in August 2016, are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that Columbia Forest Plywood Products violated the terms, conditions or requirements of NPDES WW Permit No. NCO087076 and G.S. 143-215.1(a)(6) in the manner and extent shown in Attachment A. In accordance with the maximums established by G.S. 143-215.6A(a)(2), a civil penalty maybe assessed against any person who violates the terms, conditions or requirements of a permit required by G.S. 143-215.1(a). Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the Secretary of the Department of Environmental Quality and the Director of the Division of Water Resources, I, G. Landon Davidson, P.G., Regional Supervisor, Asheville Regional Office hereby make the following civil penalty assessment against Columbia Forest Plywood Products: State of North Carolina I Environmental Quality I Water Resources 2090 U.S. 70 Highway, Swannanoa, NC 28778 828-296-4500 $100.00 1 of the 1 violations of 143-215.l(a)(6) and Permit No.NC0087076, by discharging waste water into the waters of the State in violation of the Permit Daily Maximum for TSS - Cone. $0.00 0 of the 1 violations of 143-215. 1 (a)(6) and Permit No.NC0087076, by discharging waste water into the waters of the State in violation of the Permit Monthly Average for TSS - Cone. $100.00 TOTAL CIVIL PENALTY $116.62 Enforcement Costs $216.62 TOTAL AMOUNT DUE Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 143B-282.l(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) 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 r 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 maybe filed by facsimile (fax) or electronic mail by an attached file (with restrictions) -provided the signed original, one (1) copy and a filing fee (if a filing fee is required by NCGS § 150B-23.2) is received in the Office of Administrative Hearings within seven (7) business days following the faxed or electronic transmission. You should contact the Office of Administrative Hearings with all questions regarding the filing fee and/or the details of the filing process. The mailing address and telephone and fax numbers for the Office of Administrative Hearings are as follows: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 Tel: (919) 733-2698 Fax: (919) 733-3478 One (1) copy of the petition must also be served on DEQ as follows: Mr. William F. Lane, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, North Carolina 27699-1601 Please indicate the case number (as found on page one of this letter) on the petition. Failure to exercise one of the options above within thirty (30) days of receipt of this letter, as evidenced by an internal date/time received stamp (not a postmark), will result in this matter being referred to the Attorney General's Office for collection of the penalty through a civil action. Please be advised that additional penalties may be assessed for violations that occur after the review period of this assessment. If you have any questions, please contact Janet Cantwell with the Division of Water Resources staff of the Asheville Regional Office at (828) 296-4667 or via email atjanet.cantwell@ncdenr.gov. Sincerely, G. Landon Davidson, �P.G.,Regio <Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDEQ ATTACHMENTS Cc: WQS Asheville Regional Office - Enforcement File NPDES Compliance/Enforcement Unit - Enforcement File G:1WR\NQ'uNtcDowell\WastewaterdndustrinRColtrmbia 37076Q.V-3017-01 34.rtf JUSTIFICATION FOR REMISSION REQUEST Case Number: LV-2017-0134 County: McDowell Assessed Party: Columbia Forest Plywood Products Permit No.: NC0087076 Amount Assessed: $216.62 Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form to request remission of this civil penalty. You should attach any documents that you believe support your request and are necessary for the Director to consider in evaluating your request for remission. Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 143B-282.1(c), remission of a civil penalty may be granted only when one or more of the following five factors apply. Please check each factor that you believe applies to your case and provide a detailed explanation, including copies of supporting documents, as to why the factor applies (attach additional pages as needed). (a) one or more of the civil penalty assessment factors in N.C.G.S. 14313-282.1(b) were wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil penalty assessment document); (b) the violator promptly abated continuing environmental damage resulting from the violation (i. e., explain the steps that you took to correct the violation and prevent future occurrences); (c) the violation was inadvertent or a result of an accident (i.e., explain why the violation was unavoidable or something you could not prevent or prepare for); (d) the violator had not been assessed civil penalties for any previous violations; (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions (i.e., explain how payment of the civil penalty will prevent you from performing the activities necessary to achieve compliance). EXPLANATION: STATE OF NORTH CAROLINA COUNTY OF MCDOWELL IN THE MATTER OF ASSESSMENT OF CIVIL PENALTIES AGAINST I DEPARTMENT OF ENVIRONMENTAL QUALITY WAIVER OF RIGHT TO AN ADNHNISTRATTVE HEARING AND STIPULATION OF FACTS j Columbia Forest Plywood Products ) Columbia Forest Plywood Products ) PERMIT NO. NCO087076 ) CASE NO. LV-2017-0134 Having been assessed civil penalties totaling $216.62 for violation(s) as set forth in the assessment document of the Division of Water Resources dated April 19, 2017) the undersigned, desiring to seek remission of the civil penalty, does hereby waive the right to an administrative hearing in the above -stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the Director of the Division of Water Resources within thirty (3 0) days of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after (30) days from the receipt of the notice of assessment. This the day of , 20 SIGNATURE ADDRESS TELEPHONE ATTACHMENT A P Columbia Forest Plywood Products CASE NUMBER: LV-2017-0134 PERMIT: NCO087076 REGION: Asheville FACILITY: Columbia Forest Plywood Products COUNTY: McDowell LIMIT VIOLATION(S) SAMPLE LOCATION: Outfall 001 - Effluent Violation Report Unit of Limit Calculated % Over Violation Penalty Date MonthNr Parameter Frequency Measure Value Value Limit Type Amount 8/9/2016 8-2016 Solids, Total Once per mg/I 45 54 20.0 Daily $100.00 Suspended- discharge Maximum Concentration Exceeded 8/31/2016 8-2016 Solids, Total Once per mg/I 30 54 80.0 Monthly $0.00 Suspended- discharge Average Concentration Exceeded DIVISION OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT (File) Violator: Columbia Forest Plywood Products Facility Name: Columbia Forest Plywood Products Permit Number: NCO087076 County: McDowell Case Number: LV-2017-0134 ASSESSMENT FACTORS 1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation; All effluent violations may be detrimental to the receiving stream but may not be immediately quantified. 2) The duration and gravity of the violation; One Daily Max TSS exceeded the permit limit by 20 %. One Monthly Average_TSS exceeded the permit limit by 80%. 3) The effect on ground or surface water quantity or quality or on air quality; All effluent violations may be detrimental to the receiving stream but may not be immediately quantified. ,4) The cost of rectifying the damage; The cost is unknown. 5) The amount of money saved by noncompliance; The amount of money saved is unknown. The amount of money saved would include the cost of excess solids removal and additional aeration. It would also include more operating and maintenance time on site and the cost of additional chemical treatment. The amount of money saved would include the cost of collection of the additional samples and the cost of analyzing them at a certified lab. 6) Whether the violation was committed willfully or intentionally; It does not appear to be either. 7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and There have been no civil penalty enforcements in the twelve months prior to this violation. There have, however, been several violations over the years ---see attached violation report. Over the past few years, the company has stated they will work on not having the violations with each discharge. Letters are in the facility file folder to that effect. 8) The cost to the State of the enforcement procedures. $116.62 o y • Lo . z.D ( -?- Date G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDEQ NPDES PERMIT NO.: NCO087076 PERMIT VERSION: 4.0 FACILITY NAME: Columbia Forest Plywood Products CLASS: PCNC OWNER NAME: Columbia Forest Plywood Products ORC: Not Required GRADE: PCNC ORC HAS CHANGED: No eDMR PERIOD: 08-2016 (August 2016) VERSION: 1.0 PERMIT STATUS: Active COUNTY: McDowell ORC CERT NUMBER: 995491 STATUS: Processed SAMPLING LOCATION: JdFLUENT DISCHARGENO.:00 0 DISCHARGE*: NO A a wE a U H E o 0 U F d 0 C O ti F 0 i O v m o O •a' e x o z 50050 00400 C0530 00545 Once per discharge Onceperdiscbarge Once per discharg4 Once per discharge Calculated Grab Grab Grab FLOW pH SS -Cone RES/SET ' 2400 clock Hrs 12400 clock Hrs I YBIN I mgd su m9/1 mW 1 NOFLOW 2 NOFLOW 3 NOFLOW 4 NOFLOW 5 NOFLOW 6 NOFLOW 7 NOFLOW 8 1 NOFLOW 9 08:45 0 07:00 12 Y 0.005594 7.02 54 0.01 10 NOFLOW 11 NOFLOW 12 NOFLOW 13 INOFLOW 14 NOFLOW 15 NOFLOW ' 16 NOFLOW 17• NOFLOW NOFLOW - - - 19 NOFLOW 20 NOFLOW 21 NOPLOW 22 NOFLOW 23• NOFLOW 24 NOFLOW 25 1 NOFLOW 26 NOFLOW 27 NOFLOW 28 NOFLOW 29 NOFLOW 30 NOFLOW 31 NOFLOW Monthly Average Limit: 30 0.1 Monthly Average: 0.005594 54 0.01 DailyMaximum: 0.005594 7.02 54 D.OI Daily Minimum: 0.005594 17.02 154 0.01 **** No Reporti =No Flow Reuse Recycle; THR=No Visitation —Adverse Weather; NOFLOW No Flow; HOLIDAY=No Visitation —Holiday n f W- r Fiesou As IWs ar fJW11ill! ga:lional Operations NPDES PERMIT NO.: NC0087076 PERMIT VERSION: 4.0 PERNHT STATUS: Active FACILITY NAME: Columbia Forest Plywood Products CLASS: PCNC COUNTY: McDowell OWNER NAME: Columbia Forest Plywood Products ORC: Not Required ORC CERT NUMBER: 995491 GRADE: PCNC - ORC HAS CHANGED: No eDMR PERIOD: 08-2016 (August 2016) VERSION: 1.0 STATUS: Processed COMPLIANCE: CONTACT PHONE #: 828-724-41 SUBMISSION DATE: 09/01/2016 0�R&U-N 09/01/2016 Certifier Signature: Jarrett Rhinehart E-Mail:jrhinehart@cfpwood.com Phone #:828-724-4191 Date By this signature, I certify that this report is accurate and complete to the best of my knowledge. The permittee shall report to the Director or the appropriate Regional Office any noncompliance that potentially threatens public health or the environment. Any information shall be provided orally within 24 hours from the time the permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the permittee becomes aware of the circumstances. If the facility is noncompliant, please attach a list of corrective actions being taken and a time -table for improvements to be made as required by part II.E.6 of the NPDES permit. 09/01/2016 (1-11'ermittee/Submitter Signature:*** Jarrett Rhinehart E-Mail:jrhinehart@cfpwood.com Phone #:828-724-4.191 Date Permittee Address: 369 Columbia Carolina Old Fort NC 28762 Permit Expiration Date: 12/31/2019 I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who managed the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations. CERTIFIED LABORATORIES LAB NAME: ESC Lab Sciences CERTIFIED LAB #: 375 PERSON(s) COLLECTING SAMPLES: Greg Decker PARR- METER CODES Parameter Code assistance may be obtained by calling the NPDES Unit (919) 807-6300 or by visiting htip://pottal.ncdenr.org/web/wq/swp/ps/npdes/forms. FOOTNOTES Use only units of measurement designated in the reporting facility's NPDES permit for reporting data. * No Flow/Discharge From Site: Check this box if no discharge occurs and, as a result, there are no data to be entered for all of the parameters on the DMR for entire monitoring period. ** ORC on Site?: ORC must visit facility and document visitation of facility as required per 15A NCAC 8G .0204. *** Signature of Permittee: If signed by other than the permittee, then delegation of the signatory authority must be on file with the state per 15A NCAC 2B .0506(b)(2)(D)- NPDES PERMIT NO.: NCO087076 PERMIT VERSION: 4.0 FACILITY NAME: Columbia Forest Plywood Products CLASS: PCNC OWNER NAME: Columbia Forest Plywood Products ORC: Not Required GRADE: PCNC ORC HAS CHANGED: No eDMR PERIOD: 08-2016 (August 2016) VERSION:' 1.0 C PERMIT STATUS: Active COUNTY: McDowell ORC CERT NUMBER: 995491 STATUS: Processed Report Comments. - The facility exceeded the daily maximum effluent limitation for Total Suspended Solids. Columbia has scheduled dredging and reseeding for the pond system, work will begin on September 6, 2016. A recurring work order has been populated in the work order system for the annual preventative maintenance of the pond. Columbia monitors the pond system. MONITORING REPORT(MR) VIOLATIONS for: Report Date: 04/19/17 Page: 1 of 2 PERMIT: NCO087076 FACILITY: Columbia Forest Plywood Products - Columbia Forest COUNTY: McDowell REGION: Asheville Plywood Products Limit Violation MONITORING OUTFALU VIOLATION UNIT OF CALCULATED % REPORT PPI LOCATION PARAMETER DATE FREQUENCY MEASURE LIMIT VALUE Over VIOLATION TYPE VIOLATION ACTION 05 -2013 001 Effluent Solids, Settleable 05/05/13 Once per disci• mill 0.2 0.25 25 Daily Maximum No Action, Facility Exceeded Reporting Error , 05 -2013 001 Effluent Solids, Settleable 05/31/13 Once per disci mill 0.1 0.25 150 Monthly Average No Action, Facility Exceeded Reporting Error 07 -2013 001 Effluent Solids, Total Suspended - 07/06/13 Once per disci mg/I 45 48.3 7.3 Daily Maximum Proceed to NOV Concentration Exceeded 07 _ 2013 001 Effluent Solids, Total Suspended - 07/13/13 Once per disci mg/I 45 82 82.2 Daily Maximum Proceed to NOV Concentration Exceeded 07 -2013 001 Effluent Solids, Total Suspended - 07/31/13 Once per disci mg/I 30 65.15 117.2 Monthly Average Proceed to NOV Concentration Exceeded 10 _ 2015 001 Effluent Solids, Total Suspended - 10/01/15 Once per disci mg/I 45 64.3 42.9 Daily Maximum Proceed to NOV Concentration Exceeded 10 - 2015 001 Effluent Solids, Total Suspended - 10/31/15 Once per disci mg/I 30 64.3 114.3 Monthly Average No Action, BPJ Concentration Exceeded 12-2015 001 Effluent Solids, Total Suspended - 12/04/15 Once per disci mg/I 45 65.4 45.3 Daily Maximum Proceed to NOV Concentration Exceeded " 12 -2015 001 Effluent Solids, Total Suspended - 12/31/15 Once per disci mg/I 30 65.4 118 Monthly Average Proceed to NOV Concentration Exceeded 08-2016 001 Effluent Solids, Total Suspended - 08/09/16 Once per disci mg/I 45 54 20 Daily Maximum Proceed to Concentration Exceeded Enforcement Case 08 _ 2016 001 Effluent Solids, Total Suspended - 08/31/16 Once per disci mg/I 30 54 80 Monthly Average Proceed to Concentration Exceeded Enforcement Case Reporting Violation MONITORING OUTFALU VIOLATION UNIT OF CALCULATED % REPORT PPI LOCATION PARAMETER DATE FREQUENCY MEASURE LIMIT VALUE Over VIOLATION TYPE VIOLATION ACTION 06-2010 07/31/10 Late/Missing DMR Proceed to NOV 10 -2015 10/01/15 Parameter reported with Proceed to NOV invalid Unit of Measure MONITORING REPORT(MR) VIOLATIONS for: Report Date: 04/19/17 Page: 2 of 2 PERMIT: NCO087076 FACILITY: Columbia Forest Plywood Products - Columbia Forest COUNTY: McDowell REGION: Asheville Plywood Products Reoortina Violation MONITORING OUTFALL/ VIOLATION UNIT OF LOCATION PARAMETER FREQUENCY CALCULATED % LIMIT VALUE Over VIOLATION TYPE VIOLATION ACTION REPORT PPI DATE MEASURE 02 _ 2016 001 Effluent Flow, in conduit or thru 02/29/16 Once per dis& mgd Parameter reported with No Action, Facility treatment plant invalid Unit of Measure Reporting Error a 1 �1 l €e'terf�'e Violations t�mtt�'ii�latiars �ioni#oring Vialations Re' � �� ����. Permit h(CQ087076 Details... Facility. Columbia Forest Plywood Pradi Owner Colurntia Forest PI ood Prodi ' Facility Retorted As: 1 't +Compliant 4-� l h-Compliant C ff t Repaited Is signted F nitoring Report 08.2Q'16 Detail ._; County: blcDovrrell' Inspect Dt: ill. Details... Report Type. DPIR Gutf..:; "°Location'Parameter *Date Manual *Description !SWIG j Limit ;"Caleu... Unit % Otier , Action 001 Effluent Solids, Total... 10810912016 ❑ Daily tvlaximum--- 0 45 54 mgA 20 . 001 Effluent Solids, Total --- 10813112016 0 tvtonthly Average-.- 0 30 54 mgA 80 (vitae 1"10D.-. l itiate 11CV E1n:jVaL:eEEloT,,mimrL—Save P calculate DIvlF ... =He, Finish r=ancel_� Limit Violations found. ;Ready SID: VLLP _ 3 w. EP6+f iRdY1t%@PIYALYSUl1CtTY;? Certified Mail # 7015 1520 0003 5463 4972 Return Receipt Requested April 19, 2017 Jeffrey Wakefield Columbia Forest Plywood Products 369 Columbia Carolina Rd Old Fort, NC 28762 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. NCO087076 Columbia Forest Plywood Products Columbia Forest Plywood Products Case No. LV-2017-0134 McDowell County Dear Permittee: ROY COOPER:: J J�� �li�Niv[ERivrAi�`� IW�rt�t This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $216.62 ($100.00 civil penalty + $116.62 enforcement costs) against Columbia Forest Plywood Products. This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report (DMR) submitted by Columbia Forest Plywood Products for the month of August 2016. This review has shown the subject facility to be in violation of the discharge limitations and/or monitoring requirements found in NPDES WW Permit No. NC0087076. The violations, which occurred in August 2016, are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that Columbia Forest Plywood Products violated the terms, conditions or requirements of NPDES WW Permit No. NCO087076 and G.S. 143-215.l(a)(6) in the manner and extent shown in Attachment A. In accordance with the maximums established by G.S. 143-215.6A(a)(2), a civil penalty maybe assessed against any person who violates the terms, conditions or requirements of a permit required by G.S. 143-215.1(a). Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the Secretary of the Department of Environmental Quality and the Director of the Division of Water Resources, I, G. Landon Davidson, P.G., Regional Supervisor, Asheville Regional Office hereby make the following civil penalty assessment against Columbia Forest Plywood Products: State of North Carolina I Environmental Quality I Water Resources 2090 U.S. 70 Highway, Swannanoa, NC 28778 828-296-4500 $100.00 1 of the 1 violations of 143-215.1(a)(6) and Permit No.NC0087076, by discharging waste water into the waters of the State in violation of the Permit Daily Maximum for TSS - Conc. $0.00 0 of the 1 violations of 143-215.1(a)(6) and Permit No.NC0087076, by discharging waste water into the waters of the State in violation of the Permit Monthly Average for TSS - Cone. $100.00 TOTAL CIVIL PENALTY $116.62 Enforcement Costs $216.62 TOTAL AMOUNT DUE Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 143B-282. 1 (b), which are: (1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation; (2) The duration and gravity of the violation; (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; (6) Whether the violation was committed willfully or intentionally; (7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and (8) The cost to the State of the enforcement procedures. Within thirty (30) days of receipt of this notice, you must do one of the following: (1) Submit payment of the penalty, OR (2) Submit a written request for remission, OR (3) Submit a written request for an administrative hearing Option 1: Submit payment of the penalty: Payment should be made directly to the order of the Department of Environmental Quality (do not include waiver form). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). Please submit payment to the attention of: Wastewater Branch Division of Water Resources 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Option 2: Submit a written request for remission or mitigation including a detailed justification for such request: Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Because a remission request forecloses the option of an administrative hearing, such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation and agreement that no factual or legal issues are in dispute. Please prepare a detailed statement that establishes why you believe the civil penalty should be remitted, and submit it to the Division of Water Resources at the address listed below. In determining whether a remission request will be approved, the following factors shall be considered: (1) whether one or more of the civil penalty assessment factors in NCGS 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 Q 0Lys 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. William F. Lane, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, North Carolina 27699-1601 Please indicate the case number (as found on page one of this letter) on the petition. Failure to exercise one of the options above within thirty (30) days of receipt'of this letter, as evidenced by an internal date/time received stamp (not a postmark), will result in this matter being referred to the Attorney General's Office for collection of the penalty through a civil action. Please be advised that additional penalties may be assessed for violations that occur after the review period of this assessment. If you have any questions, please contact Janet Cantwell with the Division of Water Resources staff of the Asheville Regional Office at (828) 296-4667 or via email atjanet.cantwell@ncdenr.gov. Sincerely, G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDEQ ATTACHMENTS Cc: WQS Asheville Regional Office - Enforcement File NPDES Compliance/Enforcement Unit - Enforcement File G'iR'R\�YQ'utiicDowc111R'astewatu`.Industrial`.CalumUi2 37M,Lb-2017-0134nf JUSTIFICATION FOR REMISSION REQUEST Case Number: LV-2017-0134 County: McDowell Assessed Party: Columbia Forest Plywood Products Permit No.: NC0087076 Amount Assessed: $216.62 Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form to request remission of this civil penalty. You should attach any documents that you believe support your request and are necessary for the Director to consider in evaluating your request for remission. Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 14313-282. 1 (c), remission of a civil penalty may be granted only when one or more of the following five factors apply. Please check each factor that you believe applies to your case and provide a detailed explanation, including copies of supporting documents, as to why the factor applies (attach additional pages as needed). (a) one or more of the civil penalty assessment factors in N.C.G.S. 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 (Le., 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 Columbia Forest Plywood Products Columbia Forest Plywood Products PERMIT NO. NCO087076 DEPARTMENT OF ENVIRONMENTAL QUALITY WAIVER OF RIGHT TO AN ADMINISTRATIVE HEARING AND STIPULATION OF FACTS CASE NO. LV-2017-0134 Having been assessed civil penalties totaling $216.62 for violation(s) as set forth in the assessment document of the Division of Water Resources dated April 19, 2017, the undersigned, desiring to seek remission of the civil penalty, does hereby waive the right to an administrative hearing in the above -stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the Director of the Division of Water Resources within thirty (30) days of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after (30) days from the receipt of the notice of assessment. This the day of , 20 SIGNATURE ADDRESS TELEPHONE ATTACHMENT A Columbia Forest Plywood Products CASE NUMBER: LV-2017-0134 PERMIT: NCO087076 REGION: Asheville FACILITY: Columbia Forest Plywood Products 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 8/9/2016 8-2016 Solids, Total Once per mg/I 45 54 20.0 Daily $100.00 Suspended- discharge Maximum Concentration Exceeded 8/31/2016 8-2016 Solids, Total Once per mg/I 30 54 80.0 Monthly $0.00 Suspended- discharge Average Concentration Exceeded NPDES PERMIT NO.: NCO087076 PERMIT VERSION: 4.0 (FACILITY NAME: Columbia Forest Plywood Products CLASS: PCNC OWNER NAME: Columbia Forest Plywood Products - ORC: Not Required GRADE: PCNC ORC HAS CHANGED: No eDMR PERIOD: 08-2016 (August 2016) VERSION: 1.0 PERMIT STATUS: Active COUNTY: McDowell ORC CERT NUMBER: 995491 STATUS: Processed SAMPLING LOCATION: JdFLUENT DXS CaARGE N®.: OOP-NODISCHARGE*: NO A U E. B U E- v H ti e O d d O dqq m O : G O o w z 50050 00400 C0530 00545 Once per discharge Once per discharge Once per discharg4 .Once per discharge Calculated Grab Grab Grab FLOW pH qSS-Cone J RES/SET ' 2400 clack Hrs 2400 clock Hrs YMIN mgd su mg1l mUl 1 NOFLOW 2 NOFLOW 3 NOFLOW 4 NOFLOW 5 NOFLOW 6 NOFLOW 7 NOFLOW 8 NOFLOW 9 08:45 0 07:00 12 Y 0.005594 7.02 54 0.01 10 NOFLOW 11 NOFLOW 12 NOFLOW 13 NOFLOW 14 NOFLOW 15 NOFLOW 16 NOFLOW 17 NOFLOW 18 NOFLOW 19 NOFLOW 20 NOFLOW 21 NOFLOW 22 1 INOFLOW 23 NOFLOW 24 NOFLOW 25 NOFLOW 26 NOFLOW 27 INOFLOW 28 NOFLOW 29 NOFLOW 30 NOFLOW 31 NOFLOW Monthly Average Limit: 30 0.1 Monthly Average: 0.005594 C 54 0.01 Daily Maximum: 0.005594 17.02 54 10.01 Daily Minimum: 0.005594 7.02 54 0.01 ****NoRepord UR =NOF1ow-Reuse/Recycle�d1�W1T-Ili=No Visitation— Adverse Weather, NOFLOW No Flow; HOLIDAY =NoVisitation —Holiday W�_. N Jo n f Wat r Resou Qs S E P 1 2 2015 1'�ae; Ciu�:!iir Regional Operations NPDES PERMIT NO.: NCO087076 PERMIT VERSION: 4.0 FACILITY NAME: Columbia Forest Plywood Products CLASS: PCNC OWNER NAME: Columbia Forest Plywood Products ORC: Not Required GRADE:PCNC eDMR PERIOD: 08-2016 (August 2016) COMPLIANCE: ORC HAS CHANGED: No VERSION: 1.0 CONTACT PHONE #: 828-724-41 PERMIT STATUS: Active COUNTY: McDowell ORC CERT NUMBER: 995491 STATUS: Processed SUBMISSION DATE: 09/01/2016 Met-L&L-f i 09/01/2016 /Certifier Signature: Jarrett Rhinehart E-Mail:jrhinehart@cfpwood.com Phone #:828-724-4191 Date By this signature, I certify that this report is accurate and complete to the best of my knowledge. The permittee shall report to the Director or the appropriate Regional Office any noncompliance that potentially threatens public health or the environment. Any information shall be provided orally within 24 hours from the time the permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the permittee becomes aware of the circumstances. If the facility is noncompliant, please attach a list of corrective actions being taken and a time -table for improvements to be made as required by part II.E.6 of the NPDES permit. 09/01/2016 ,P"ermittee/Submitter Signature:*** Jarrett Rhinehart E-Mail:jrhinehart@cfpwood.com Phone #:828-724-4191 Date Permittee Address: 369 Columbia Carolina Old Fort NC 28762 Permit Expiration Date: 12/31/2019 I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who managed the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations. LAB NAME: ESC Lab Sciences CERTIFIED LAB #: 375 PERSON(s) COLLECTING SAMPLES: Greg Decker CERTIFIED LABORATORIES PARAMETER CODES Parameter Code assistance may be obtained by calling the NPDES Unit (919) 807-6300 or by visiting http://poital.ncdenr.org/web/wq/swp/ps/npdes/forms. FOOTNOTES Use only units of measurement designated in the reporting facility's NPDES permit for reporting data. * No Flow/Discharge From Site: Check this box if no discharge occurs and, as a result, there are no data to be entered for all of the parameters on the DMR for entire monitoring period. ** ORC on Site?: ORC must visit facility and document visitation of facility as required per 15A NCAC 80.0204. *** Signature of Permittee: If signed by other than the permittee, then delegation of the signatory authority must be on file with the state per 15A NCAC 213 .0506(b)(2)(D)- z NPDES PERMIT NO.: NCO087076 PERMIT VERSION: 4.0 FACILITY NAME: Columbia Forest Plywood Products CLASS: PCNC OWNER NAME: Columbia Forest Plywood Products ORC: Not Required GRADE: PCNC ORC HAS CHANGED: No eDMR PERIOD: 08-2016 (August 2016) VERSION: 1.0 PERMIT STATUS: Active COUNTY: McDowell ORC CERT NUMBER: 995491 STATUS: Processed Report Comments: The facility exceeded the daily maximum effluent limitation for Total Suspended Solids. Columbia has scheduled dredging and reseeding for the pond system, work will begin on September 6, 2016. A recurring work order has been populated in the work order system for the annual preventative maintenance of the pond. Columbia monitors the pond system. MONITORING REPORT(MR) VIOLATIONS for: Report Date: 04/19/17 Page: 1 of 2 PERMIT: NCO087076 FACILITY: Columbia Forest Plywood Products - Columbia Forest COUNTY: McDowell REGION: Asheville Plywood Products Limit Violation MONITORING OUTFALU VIOLATION UNIT OF CALCULATED % REPORT PPI LOCATION PARAMETER DATE FREQUENCY MEASURE LIMIT VALUE Over VIOLATION TYPE VIOLATION ACTION 05 -2013 001 Effluent Solids, Settleable 05/05/13 Once per disci ml/I 0.2 0.25 25 Daily Maximum No Action, Facility Exceeded Reporting Error 05 -2013 001 Effluent Solids, Settleable 05/31/13 Once per disci mlA 0.1 0.25 150 Monthly Average No Action, Facility Exceeded Reporting Error 07 -2013 001 Effluent Solids, Total Suspended - 07/06/13 Once per disci mg/I 45 48.3 7.3 Daily Maximum Proceed to NOV Concentration Exceeded 07-2013 001 Effluent Solids, Total Suspended - 07/13/13 Once per disci mg/I 45 82 82.2 Daily Maximum Proceed to NOV Concentration Exceeded 07 -2013 001 Effluent Solids, Total Suspended - 07/31/13 Once per disci mg/I 30 65.15 117.2 Monthly Average Proceed to NOV Concentration Exceeded 10-2015 001 Effluent Solids, Total Suspended - 10/01/15 Once per disci mg/I 45 64.3 42.9 Daily Maximum Proceed to NOV Concentration Exceeded 10 -2015 001 Effluent Solids, Total Suspended - 10/31/15 Once per discr mg/I 30 64.3 114.3 Monthly Average No Action, BPJ Concentration -Exceeded 12 -2015 001 Effluent Solids, Total Suspended - 12/04/15 Once per dis& mg/I 45 65.4 45.3 Daily Maximum Proceed to NOV Concentration Exceeded 12 -2015 001 Effluent Solids, Total Suspended - 12/31/15 Once per disci mg/I 30 65.4 118 Monthly Average Proceed to NOV Concentration Exceeded 08 - 2016 001 Effluent Solids, Total Suspended - 08/09/16 Once per disci mg/I 45 54 20 Daily Maximum Proceed to Concentration Exceeded Enforcement Case 08 -2016 -001 Effluent Solids, Total Suspended = 08/31/16 Once per discr mg/I 30 54 80 Monthly Average Proceed to Concentration Exceeded Enforcement Case Reporting Violation MONITORING OUTFALU VIOLATION UNIT OF CALCULATED % REPORT PPI LOCATION PARAMETER DATE FREQUENCY MEASURE LIMIT VALUE Over VIOLATION TYPE VIOLATION ACTION 06-2010 07/31/10 Late/Missing DMR Proceed to NOV 10 -2015 10/01/15 Parameter reported with Proceed to NOV invalid Unit of Measure MONITORING REPORT(MR) VIOLATIONS for: Report Date: 04/19/17 Page: 2 of 2 PERMIT: NCO087076 FACILITY: Columbia Forest Plywood Products -Columbia Forest COUNTY: McDowell REGION: Asheville Plywood Products Reporting Violation MONITORING OUTFALL/ VIOLATION UNIT OF CALCULATED % REPORT PPI LOCATION PARAMETER DATE FREQUENCY MEASURE LIMIT VALUE Over VIOLATION TYPE VIOLATION ACTION 02 _ 2016 001 Effluent Flow, in conduit or thru 02/29/16 Once per disci mgd Parameter reported with No Action, Facility treatment plant invalid Unit of Measure Reporting Error DIVISION OF WATER RESOURCES _ CIVIL PENALTY ASSESSMENT (File) Violator: Columbia Forest Plywood Products Facility Name: Columbia Forest Plywood Products Permit Number: NCO087076 County: McDowell Case Number: LV-2017-0134 ASSESSMENT FACTORS 1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation; All effluent violations may be detrimental to the receiving stream but may not be immediately quantified. 2) The duration and gravity of the violation; One Daily Max TSS exceeded the permit limit by 20 %. One Monthly Average TSS exceeded the permit limit by 80%. 3) The effect on ground or surface water quantity or quality or on air quality; All effluent violations may be, detrimental to the receiving stream but may not be immediately quantified. 4) The cost of rectifying the damage; The cost is unknown. 5) The amount of money saved by noncompliance; The amount of money saved is unknown. The amount of money saved would include the cost of excess solids removal and additional aeration. It would also include more operating and maintenance time on site and the cost of additional chemical treatment. The amount of money saved would include the cost of collection of the additional samples and the cost of analyzing them at a certified lab. 6) Whether the violation was committed willfully or intentionally; It does not appear to be either. 7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and There have been no civil penalty enforcements in the twelve months prior to this violation. There have, however, been several violations over the years ---see attached violation report. Over the past few years, the company has stated they will work on not having the violations with each discharge. Letters are in the facility file folder to that effect. 8) The cost to the State of the enforcement procedures. $116.62 Date G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDEQ Certified Mail # 7015 1520 0003 5463 3111 Return Receipt Requested March, 23, 2017 Jeffrey Wakefield. Columbia Forest Plywood Products 369 Columbia Carolina Rd Old Fort, NC 28762 SUBJECT: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY Tracking Number: NOV72017-LV-0188 Permit No. NCO087076 Columbia Forest Plywood Products McDowell County Dear Permittee: A review of -the August 2016 Discharge Monitoring Repof ' (DMR) for - the subject facility "revealed the violation(s) indicated below: Limit Exceedance Violation(s): Sample Limit Reported Location Parameter Date Value Value . Type of Violation 001 Effluent Solids, Total Suspended - 8/9/2016 45 54 Daily Maximum Exceeded Concentration (C0530) . 001 Effluent Solids, Total Suspended - 8/31/2016 30 54 Monthly Average Exceeded Concentration (C0530) A Notice of Violation/Intent to Issue Civil Penalty is being issued for the noted violation of North Carolina General Statute (G.S.) 143-215.1 and the facility's NPDES Permit. Pursuant to G.S. 143-215.6A, a civil penalty of not more than twenty-five thousand dollars ($25,000.00) may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of any permit issued pursuant to G.S. 143-215.1. State of North Carolina I Environmental Quality I Water Resources 2090 US. 70 Highway, Swannanoa, NC 28778 ^ 828-296-4500 If you wish to provide additional information regarding the noted violation, request technical assistance, or discuss overall compliance please respond in writing within ten (10) business days after receipt of this Notice. A review of your response will be considered along with aby information provided on the submitted Discharge Monitoring Report(s). You will then be notified of any civil penalties that may be assessed regarding the violations:,, If no, response is received in this Office within the 10-day period, a civil penalty assessment may be prepared. Remedial actions should have already been taken to correct this problem and prevent further occurrences in the future.. The Division of Water Resources may pursue. enforcement action for this and any additional violations of State law. Reminder: Pursuant to Permit Condition 6 in Section E, the Permittee is required to verbally notify the Regional Office as soon as possible, not to exceed 24 hours, from first"knowledge of any non-compliance at the facility including limit violations, bypasses of, or failure of a treatment unit. A written report may be required within 5 days if directed by Division staff. Prior notice should be given for anticipated or potential problems due to planned maintenance activities, taking units off-line, etc. If you have any questions concerning this matter, please contact Janet Cantwell of the Asheville Regional Office at 828-296-4500. Sincerely, G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDEQ NPDES Compliance/Enforcement Unit - Enforcement File G:\WR\WQ\McDowell\Wastewater\Industrial\Columbia 87076\N0V-N0I-2017-LV-0188Af Certified Mail # 7015 1520 0003 5463 3111 Return Receipt Requested March 23, 2017 Jeffrey Wakefield Columbia Forest Plywood Products 369 Columbia Carolina Rd Old Fort, NC 28762 Ibl1�GH` L`,L'S REGAN! - � :5'e�retcr�j�= ntrt�"for.'<_ SUBJECT: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY Tracking Number: NOV-2017-LV-0188 Permit No. N00087076 Columbia Forest Plywood Products McDowell County , Dear Permittee: A review of the -August 2016-Discharge"Monitoring Report (DMR) for the subject facility revealed the-Violation(s) indicated below: Limit Exceedance Violation(s): Sample Limit Reported Location Parameter Date Value Value Type of Violation 001 Effluent Solids, Total Suspended - 8/9/2016 45 54 Daily Maximum Exceeded Concentration (CO530) 001 Effluent Solids, Total Suspended - 8/31/2016 30 54 Monthly Average Exceeded Concentration (C0530) A Notice of Violation/Intent to Issue Civil Penalty is being issued for the noted violation of North Carolina General Statute (G.S.) 143-215.1 and the facility's NPDES Permit. Pursuant to G.S. 143-215.6A, a civil penalty of not more than twenty-five thousand dollars ($25,000.00) may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of any.permit issued pursuant to G.S. 143-215.1. State of North Carolina I Environmental Quality I Water Resources 2090 U.S. 70 Highway, Swannanoa, NC 28778 828-2964500 If you wish to provide additional information regarding the noted violation, request technical assistance, or discuss overall compliance please respond in writing within ten (10) business days after receipt of this Notice. A review of your response will be considered along with any information provided on the submitted Discharge Monitoring Report(s). You will then be notified of any civil penalties that may be assessed regarding the violations. If no response is received in this Office within the 10-day period, a civil penalty assessment may be prepared. Remedial actions should have already been taken to correct this problem and prevent further occurrences in the future. The Division of Water Resources may pursue enforcement action for this and any additional violations of State law. Reminder: Pursuant to Permit Condition 6 in Section E. the Permittee is required to verbally notify the Regional Office as soon as possible, not to exceed 24 hours, from first knowledge of any non-compliance at the facility including limit violations, bypasses of, or failure of a treatment unit. A written report may be required within 5 days if directed by Division staff. Prior notice should be given for anticipated or potential problems due to planned maintenance activities, taking units off-line, etc. If you have any questions concerning this matter, please contact Janet Cantwell of the Asheville Regional Office at 828-296-4500. Sincerely, G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDEQ Cc: WQS Asheville Regional Office - Enforcement File NPDES Compliance/Enforcement Unit - Enforcement File G:\WR\WQ\McDowell\Wastewater\industrial\Columbia 87076\N0V-N01-2017-LV-0188.rtf MONITORING REPORT(MR) VIOLATIONS for: Report Date: 02/08/17 Page: 1 of 1 PERMIT: NCO087076 FACILITY: Columbia Forest Plywood Products -Columbia Forest COUNTY: McDowell REGION: Asheville Plywood Products Limit Violation MONITORING OUTFALL/ LOCATION PARAMETER VIOLATION FREQUENCY UNIT OF LIMIT CALCULATED % VIOLATION TYPE VIOLATION ACTION REPO T PPI DATE MEASURE VALUE Over 001 Effluent Solids, Settleable 05/05/13 Once per discimIA 0.2 0.25 25 Daily Maximum No Action, Facility C_5_213 Exceeded Reporting Error 13 001 Effluent Solids, Settleable 05/31/13 Once per dis& mIA 0.1 0.25 150 Monthly Average No Action, Facility Exceeded. Reporting Error 001 Effluent Solids, Total Suspended - 07/06/13 Once per disci mg/I 45 48.3 7.3 Daily Maximum Proceed to NOV Concentration Exceeded C72 001 Effluent Solids, Total Suspended - 07/13/13 Once per disci mg/I 45 82 82.2 Daily Maximum Proceed to NOV Concentration Exceeded 001 Effluent Solids, Total Suspended,- 07/31/13 Once per disci mg/I 30 65.15 117.2 Monthly Average Proceed to NOV Concentration Exceeded 001 Effluent Solids, Total Suspended - 10/01/15 Once per disci mg/I 45 64.a 42.9 Daily Maximum Proceed to NOV C Concentration Exceeded 001 Effluent Solids, Total Suspended - 10/31/15 Once per disci mg/1 30 64.3 114.3 Monthly Average No Action, BPJ Concentration Exceeded 001 Effluent Solids, Total Suspended - 12/04/15 Once per disct mg/I 45 65.4 45.3 Daily Maximum Proceed to NOV C-2015 Concentration Exceeded 001 Effluent Solids, Total Suspended - 12/31/15 Once per disci mg/I 30 65.4 118 Monthly Average Proceed to NOV Concentration Exceeded . 001 Effluent Solids, Total Suspended - 08/09/16 Once per disci mg/I 45 54 20 Daily Maximum None C-2 Concentration Exceeded 001 Effluent Solids, Total Suspended - 08/31/16 Once per disci mg/I 30 54 80 Monthly Average None Concentration Exceeded Reporting Violation MONITORING OUTFALL/ LOCATION PARAMETER VIOLATION FREQUENCY UNIT OF LIMIT CALCULATED % VIOLATION TYPE VIOLATION ACTION REPORT PPI DATE MEASURE VALUE Over 10 _ 2015 10/01/15 Parameter reported with Proceed to NOV invalid Unit of Measure 02 - 2016 001 Effluent Flow, in conduit or thru 02/29/16 Once per disci mgd Parameter reported with No Action, Facility treatment plant invalid Unit of Measure Reporting Error CaDy_# ,boa FOREST PRODUCTS" jute ��7 2U1> Mr. Landon Davidson, P.G. Regional Supervisor North Carolina Department of Environment and Natural Resources Water Quality Regional Operations Section 2090 US Highway 70 Swannanoa, North Carolina 28778 RE: Notice of Violation Response Letter. Tracking Number:= NOV-2016-LV-026.9 . Columbia Forest Products, Old Fort, North Carolina Dear Mr. Davidson: Columbia Forest Products, Columbia Carolina Division located in Old Fort, Nor (Columbia Carolina) is submitting this respo e.letter regarding Notice of Viol: number NOV-2016-LV-0269 received on June, 2016 The NOV identifies on" for total suspended solids and axepdFting violationi-regardingtfie=_umts report flow for the October 2015 Discha,r 'Monitoring Report.(D1VIlZ . On the day of October 1, .201.5 Columbia Carolina reported total suspended sol of 64.3 with a discharge 4 24 gallons per.minute (GPM). Typically there is, no pond. The discharge occurred following six' -'days of a•storm event with ovei 3_ precipitation. The discharge stopped following the storm'event. y. . II: I„ As a preventative measure to reduce solids accumulation in the pond, Columbi will be scheduling.a;clean, out/dredging of the pond in the fall. A recirculation ordered to place in:the pond.to'control algae growth. i For the flow, the drop down menu for flow, instantaneouswas marked rather We will make those'changes in future reports. The'OctoberbMR has been i`etti Since we discharge rarely; as a corrective measure in the future any 1).MR whet discharge event will. be reviewed for completeness by ounenvironmental cons submittal. If you have any questions or comments, please feel free to contact me at (828) Sincerel^ , Jame Rhmehart r Maintenance Manager Attachment Revised October 2015 Report submitted June 16 2016 ed for the effluent ids at a concentration discharge from the i-inches of a Forest Products puTrip has also been than the calculated. Cp- o � u m NO a FOREST PRODUCTS Oc�obo 5, �U13 Mr. G. Landon Davidson, P.G. Regional Supervisor - North Carolina Department of Environment and Natural Resources Water Quality Section 2090 US Highway 70 Swannanoa, North Carolina 28778 RE: Notice of Violation Response Letter NOV No. NOV-2013-LV-0567 Columbia Forest Products, Old Fort, North Carolina Dear Mr. Davidson: Columbia Forest Products, Columbia Carolina Division located in Old Fort, North Carolina (Columbia Carolina) is submitting this response letter regarding Notice of Violation (NOV) number NOV-2013-LV-0567. The NOV identifies two exceedances of the Total Suspended Solids (TSS) daily maximum effluent limit on July 6 and 13, 2013, and one exceedance of the TSS monthly maximum effluent limit for July 2013, based on Columbia Carolina's self -monitoring report for the monthly period of July 2013. Columbia Carolina constructed an overflow pond in February 2005 to control discharges to the Catawba River through Outfall 001. The log pond discharges to the overflow pond when the log pond is full. There are discharges to the river only when both ponds have reached their capacity. Prior to..the extreme precipitation events in May 2013 and July, there had been no discharges from. Outfall 001 since 2009. The high level of precipitation experienced in the spring and summer of 2013 impacted the retention time in the ponds and resulted in abnormal discharge events with high levels of suspended solids. All other parameters during the two July sample events were within the permit limits. As corrective action, we will conduct an evaluation of the sediment accumulation levels in the ponds by December 31, 2013 and determine whether dredging the ponds is necessary. If you have any questions or comments, please feel free to contact me at (828) 460-6241. Sprouse enance Manager Inrto`Gabng Responsibly. - PO Box 1148 369 Columbia Carolina Rd Old Fort, NC 28762 C:828-460-6245 T: 828-724-4191 ext. 2349 F: 828-724-4066 bsprouse@cfpwood.com RKE C r---9.VE 'Ac. Is it Qd A I(; J fin; A9`�'oftu ��st "PP �©13 North Carolina Department of Environment and Natural Resources Division of Water Quality, Water Quality Section Attn: Central Files 1617 Mail Service Center Raleigh, North Carolina 27699-1617 RE: NPDES Discharge Outfall Monitoring Report Columbia Forest Products, Old Fort, North Carolina Permit No.: N00087076 To Whom It May Concern: 1 1A'AP AUG 2 8 2013 T }v ..'S•t ley.. @ — �,:i • Please find attached the National Pollutant Discharge Elimination -System (NPDES) Outfall Monitoring Reports for Columbia Forest Products located in Old Fort, -North Carolina (Columbia Carolina). Columbia Carolina operates under Permit Number NC0087076. Wastewater samples were collected from Outfall 001 on July 6 and 13, 2013. The Total Suspended Solids (TSS) analytical results exceeded the daily'and maximum limit for the two sampling events. The high level of precipitation experienced recently over short durations has resulted in abnormal discharge events.. The increase in precipitation is believed to -impact the r."etent on time: in -the pond.- All -other parameters during the two -July sample events were within the permit limits. As corrective action,. we will conduct an evaluation -of the sediment accumulation in the pond as the cold weather hits. If you.have any questions or comment, please contact me at (828) 460-6M. Since ly n Sprouse Maintenance Manager Innovating Responsibly. T. PO Box 1148 369 Columbia Carolina Rd Old Fort, NC 28762 C:828-460-6245 T: 828-724-4191 ext. 2349 F: 828-724-4066 rotec . see,1011 terY Offtice rface Naoional p�She ville Rco bsprouse@cfpwrood.com clumbia FOREST PRODUCTS October 15, 2013 Mr. G. Landon Davidson, P.G. Regional Supervisor North Carolina Department of Environment and Natural Resou Water Quality Section 2090 US Highway 70 Swannanoa, North Carolina 28778 RE: Notice of Violation Response Letter NOV No. NOV-2013-LV-0567 Columbia Forest Products, Old Fort, North Carolina Dear Mr. Davidson: /—m/ r Columbia Forest Products, Columbia Carolina Division located in Old Fort, North Carolina (Columbia Carolina) is submitting this response letter regarding Notice of Violation (NOV) number NOV-2013-LV-0567. The NOV identifies two exceedances of the Total Suspended Solids (TSS) daily maximum effluent limit on July 6 and 13, 2013, and one exceedance of the TSS monthly maximum effluent limit for July 2013, based on Columbia Carolina's self -monitoring report for the monthly period of July 2013. Columbia Carolina constructed an overflow pond in February 2005 to control discharges to the Catawba River through Outfall 001. The log pond discharges to the overflow pond when the log pond is full. There are discharges to the river only when both ponds have reached their capacity. Prior to the extreme precipitation events in May 2013 and July, there had been no discharges from Outfall 001 since 2009. The high level of precipitation experienced in the spring and summer of 2013 impacted the retention time in the ponds and resulted in abnormal discharge events with high levels of suspended solids. All other parameters during the two July sample events were within the permit limits. As corrective action, we will conduct an evaluation of the sediment accumulation levels in the ponds by December 31, 2013 and determine whether dredging the ponds is necessary. If you have any questions or comments, please feel free to contact me at (828) 460-6241. A Sprouse aintenance Manager InhKating Responsibly. - PO Box 1148 369 Columbia Carolina Rd Old Fort, NC 28762 C:828-460-6245 T: 828-724-4191 ext. 2349 F: 828-724-4066 iOCT 1 2013 RECEIVED bsprouse@cfpwood.com F V NPDES PERMIT NO. NCO087076 DISCF4%qR.N 01 MONTH July _ YEAR 2013 FACILITY NAME Columbia Forest Products CLASS COUNTY McDowell CERTIFIED LABORATORY (1) James & James Environmental CERTIFICATION NO. 482 (list additional laboratories on the backside/page 2 of this form) OPERATOR IN RESPONSIBLE CHARGE (ORC) Bill Presnell GRADE CERTIFICATION NO. PERSON(S) COLLECTING SAMPLES James Rummel ORC PHONE 828 724-4191 CHECK BOX IF ORC HAS CHANGED ❑ NO FLOW / DISCHARGE FROM SITE Mail ORIGINAL and ONE COPY to: ATTN: CENTRAL FILES DIVISION OF WATER QUALITY (SIGNATURE OF OPERATOR IN RESPONSIBLE CHARGE) DATE 1617 MAIL SERVICE CENTER BY THIS SIGNATURE, I CERTIFY THAT THIS REPORT IS RALEIGH NC 27699-1617 ACCURATE AND COMPLETE TO THE BEST OF MY KNOWLEDGE. 50050 1 0001 FLOW EFF ❑+ E to INF ❑ i= a 2 w F ¢ O D L� O O Ld �U E O U �� Lu 0 1:40 Q U— rn Z 00610 � 0 U W OU 00 O ❑UV n disinfection mN 0 O F- Q WZ M wo LL 0 0 OW H FOIL o to o a a. ENTER PARAMETER CODE ABOVE NAME AND UNITS BELOW rn 0 zi a) w ca Ul w rn I I Notes: (1) Intermittent flow events: 5 hour duration on 7/6/I3 and 4 hour duration on 7/13/13 ��� (2) Flow was caclulated using the Rational Method, Q=CiA where: Q = Peak flow in cubic feet per second (cfs) C = Runoff coefficient to reflect the ratio of rainfall to surface runoff f(lo V/ i = Rainfall intesity in inches per hour (in/hr) / ' v` AL3l9C� Rti}F�fIe �EfS94) ?w /00 Facility Status: (Please check one of the following) All monitoring data and sampling frequencies meet permit requirements (including weekly averages, if applicable) Compliant All monitoring data and sampling frequencies do NOT meet permit requirements [K] 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 corregtive 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." ?r5AU 1_,CX6ZjC,k Permittee (Please print or type) Signff6e ermi Date (Requir ss submitted electronically) POox=F148 01d-Fort, NC 28762 (828) 724-4191 lbsbrouse(a-)cti[U nbiafdresfp?o dts:eom - ' 12 31' B Permittee Address Phone Number e-mail address Permit Expiration Date ADDITIONAL CERTIFIED LABORATORIES dJ _ Certified Laboratory (2) -` saa "~ Certification No. Certified Laboratory (3) Certification No. Certified Laboratory (4) `'' Certification No. Certified Laboratory,.(S) _ 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/appforrns. 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. K* 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 dek8gtition of the signatory authority must be on file with the state per 15A NCAC 2B .0506(b)(2)(D). Page 2 coy . mbONn FOREST PRODUCTS" August 16, 2013 North Carolina Department of Environment and Natural Resources Division -of Water Quality, Water Quality Section Attn: Central Files 1617 Mail Service Center Raleigh, North Carolina 27699-1617 RE: NPDES Discharge Outfall Monitoring Report . Columbia Forest Products, Old Fort, North Carolina Permit No.: NCO087076 To Whom It May Concern: W AUG 2 ,`q 2013 Please find attached the National Pollutant Discharge Elimination System (NPDES) Outfall Monitoring Reports for Columbia Forest Products located in Old Fort, North Carolina (Columbia Carolina). Columbia Carolina operates under Permit Number NC008707,6. Wastewater samples were collected from Outfall 001 on July 6 and 13, 2013. The Total Suspended Solids (TSS) analytical results exceeded the daily and maximum limit for the two sampling events. The high level of precipitation experienced recently over short durations has resulted in abnormal discharge events. The increase in precipitation is believed to impact the --retention time -in the pond. All -other parameters during the two July sample events were within the permit limits. As corrective action, we will conduct an evaluation of the sediment accumulation in the pond as the cold weather hits. If you.have any questions or comment, please contact me at (828) 460-6245. Since ly n Sprouse Maintenance Manager Innovating Responsibly. - PO Box 1148 369 Columbia Carolina Rd Old Fort, NC 28762 C:828-460-6245 T: 828-724-4191 ext. 2349 F: 828-724-4066 a p4ect. SeC(10a ��Q�gutfacevatea,onalO�tce ®' Asheville Rem bsprouse@cfpwood.com A \a A74 � FILE2 V Y MC® NR North Carolina Department of Environment and Natural Resources Division of Water Resources Water Quality Programs Pat McCrory Thomas A. Reeder Governor Director CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Jeffrey Wakefield Columbia Forest Plywood Products P.O. Box 1148 Old Fort, North Carolina 28762 Dear Mr. Wakefield: October 4, 2013 7012 1010 0002 1967 6773 Subj ect: Notice of Violation and Recommendation for Enforcement Tracking #: NOV-2013-LV-0567 Columbia Forest Plywood Products NPDES Permit No. NCO087076 McDowell County John E Skvarla, III Secretary A review of the July 2013 self -monitoring report for the subject facility revealed violations of the following parameter: : Date Outfall Parameter Reported Value Permit Limit 07/06/2013 001 TSS 48.3 mg/ 1 45 mg/ 1 07/13/2013 001 TSS 82 mg/ 1 45 mg/ 1 07/31/2013 001 TSS 65.15 mg/ 1 30 mg/ 1 A Notice of Violation/ Notice of Recommendation for Enforcement (NOV/ NRE) is being issued for the noted violation of North Carolina General Statute (G.S.) 143-215.1 and NPDES Permit No. NC0087076. 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 July 2013 Discharge Monitoring Report. You will then be notified of any civil penalties that may be assessed regarding the violations. If no response is received in this Office within the 10-day period, a civil penalty assessment may be prepared. WATER QUALITY SECTION North Carolina Division of Water Resources — Asheville Regional Office Phone (828) 2964500 FAX (828) 299-7043 Internet: h2o.enr.state.nc.us �090 U.S. Highway 70, Swannanoa, N.C. 28778 An Equal Opportunity/ Affirmative Action Employer Mr. Jeffrey Wakefield October 4, 2013 Page Two Remedial actions, if not already implemented, should be taken to correct any problems. The Division of Water Resources may pursue enforcement actions for this and any additional violations. If the violations are of a continuing nature, not related to operation and/or maintenance problems, and you anticipate remedial construction activities, then you may wish to consider applying for a Special Order by Consent. You may contact this office for additional information. If you have questions concerning this matter, please do not hesitate to contact Janet Cantwell or me at 828/296-4500. Sincerely, G. Landon Davidson, P.G. Regional Supervisor Water Quality Section Asheville Regional Office e��tl�le Files WQ Central Files WQ Point Source Branch U:''WQ':SWP,vlcl)o".ell?WastewateAlndustrialtColumoia 87076WOV-N}:E-2013-LV-1)567.iloc UPS: Tracking Information Page 1 of 1 1�1 United States New User ! Log -in ! Contact UPS ! The UPS Store Search Sub My UPS Shipping Tracking Freight Locations Support UPS Solutions . .... -- -- - --- - - - -- --- -- --- - — - i Tracking Number Track Log -In for additional tracking details. Other Tracking Options i _ I Tracking Detail 1Z2097360361875965 Delivered Delivered On: Wednesday, 10116/2013 at 10:31 A.M. Left At: Front Desk Signed By: FRADY Proof of Delivery Never track again! Get FREE alerts for all packages coming to your home. I am already a UPS My Choice Member Continue Share Like 1 m Print Help Updated: 10/22/2013 4:17 P.M. 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All rights reserved. http://wwwapps.ups.com/WebTracking/track?HTMLVersion=5.0&loc=en US&RQqueste... 10/22/2013 EnterNerify Violations Limit Violations IetonitoringViolations Reporting Violations Other Violations r t f7.iis...• : Monitoring Report: Permit NGOD8707.6 : ,.�:, ,*:.Details.:... :SOC:. AD: Ed i. i Facility Columbia Forest Plywood Products Details... Region: sheville County: P�1cDowell i Owner. Columbia Forest Plywood Products Maintain.... Incident: Details... Inspect. Dt: Detaii ... i Copliant Non -Compliant 01 Not Reported © Is signed Report Type: Dfa1R Facility Reported As: lemC� *Outf.. *Location *Parameter:: *Date Manual *Description SOC j Limit *Calcu..: Unit % Over Action 1 001 Effluent ISolids, Total...... 07/0612013 ❑ Daily hvfaximum ... ❑ 45 48.3- ..: mg?I 7.3333... 001. Effluent Solids, Total :.., 07/13?2013 ❑ Daily Maximum ... ❑ 45 82 mgfl 82.222... _ 001 Effluent solids; -,Total: c-i07?31?2G13 ❑ monthly Average... ❑ 30 65.15 ::: mg11 ; 117.16... 1 III . �_._ a ra - Initiate 1,100 . InitSBie No I 1122t� r_nfi)rcement: 1n,ibat= Deniano... 53"r'e �. EZ?; a.'C'Uiat� Help Finish Cancel 3 LimitViolations found. -Ready !SID: VLLP MONITORING REPORT(MR) VIOLATIONS for: Report Date: 10/22/13 Page: 1 of 1 Permit: nc0087076 MRs Between: 1-2008 and 9-2013 Region: % Violation Category: % Program Category: % Facility Name: % Param Name: % County: % Subbasin: % Violation Action: % Major Minor: % PERMIT: NCO087076 FACILITY: Columbia Forest Plywood Products - Columbia Forest COUNTY: McDowell REGION: Asheville Plywood Products Limit Violation MONITORING OUTFALL / VIOLATION UNIT OF CALCULATED REPORT PPI LOCATION PARAMETER DATE FREQUENCY MEASURE LIMIT VALUE % OVER LIMIT VIOLATION TYPE VIOLATION ACTION 05 -2013 001 Effluent Solids, Settleable 05/05/13 Once per ml/I 0.2 0.25 25 Daily Maximum Exceeded Proceed to 05-2013 001 05-2009 001 07-2013= 001 07-2013. 7 001 07-2013 001 Reporting Violation Effluent Solids, Settleable Effluent Solids, Total Suspended - Concentration Effluent ..-.;Solids, Total Suspended - Concentration Effluent- Solids, Total Suspended - Concentration Effluent Solids, Total Suspended - Concentration discharge 05/31/13 Once per ml/I 0.1 0.25 150 discharge 05/31/09 Once per mg/I 30.., 35.7 19 discharge 07/06/13 .Once per . mg/I 45% •:, 48.3 7.33 discharge 07/13/13 Once per.-_ mg/I 45,;-.V 82 82.22 discharge 07/31/13 Once per mg/I 30 65.15 117.17 discharge Enforcement Case Monthly Average Exceeded Proceed to Enforcement Case Monthly Average Exceeded Proceed to NOV Daily Maximum Exceeded Proceed to NOV Daily Maximum Exceeded Proceed to NOV Monthly Average Exceeded Proceed to NOV MONITORING OUTFALL / VIOLATION UNIT OF CALCULATED REPORT PPI LOCATION PARAMETER DATE FREQUENCY MEASURE LIMIT VALUE % OVER LIMIT VIOLATION TYPE VIOLATION ACTION 06 -2010 07/31/10 Late/Missing DMR Proceed to NOV 05 -2008 001 Effluent Solids, Total Suspended 05/31/08 Once per mg/I Parameter Missing No Action, Data discharge Entry Error �v® NCDENR North Carolina Department of Environment and Natural Resources Division of Water Resources Pat McCrory Governor CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Jeffrey Wakefield Columbia Forest Plywood Products P.O. Box 1148 Old Fort, North Carolina 28762 Dear Mr. Wakefield: Water Quality Programs Thomas A. Reeder Director October 4, 2013 Subject: Notice of Violation and Recommendation for Enforcement Tracking #: NOV-2013-LV-0567 Columbia Forest Plywood Products NPDES Permit No. NCO087076 McDowell County John E Skvarla, III Secretary A review of the July 2013 self -monitoring report for the subject facility revealed violations of the following parameter: Date Outfall Parameter Reported Value Permit Limit 07/06/2013 001 TSS 48.3 mg/ 1 45 mg/ 1 07/13/2013 001 TSS 82 mg/ 1 45 mg/ 1 07/31/2013 001 TSS 65.15 mg/ 1 30 mg/ 1 A Notice of Violation/ Notice of Recommendation for Enforcement (NOV/ NRE) is being issued for the noted violation of North Carolina General Statute (G.S.) 143-215.1 and NPDES Permit No. NC0087076. 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 July 2013 Discharge Monitoring Report. You will then be notified of any civil penalties that may be assessed regarding the violations. If no response is received in this Office within the 10-day period, a civil penalty assessment may be prepared. WATER QUALITY SECTION North Carolina Division of Water Resources — Asheville Regional Office Phone (828) 296-4500 FAX (828) 299-7043 Internet: h2o.enr.state.nc.us 2090 U.S. Highway 70, Swannanoa, N.C. 28778 An Equal Opportunity( Affirmative Action Employer Mr. Jeffrey Wakefield October 4, 2013 Page Two Remedial actions, if not already implemented, should be taken to correct any problems. The Division of Water Resources may pursue enforcement actions for this and any additional violations. If the violations are of a continuing nature, not related to operation and/or maintenance problems, and you anticipate remedial construction activities, then you may wish to consider applying for a Special Order by Consent. You may contact this office for additional information. If you have questions concerning this matter, please do not hesitate to contact Janet Cantwell or me at 828/296-4500. Sincerely, G. Landon Davidson, P.G. Regional Supervisor Water Quality Section Asheville Regional Office cc: WQ Asheville Files WQ Central Files WQ Point Source Branch G bVQ1Slh%P\YfcDo��clll�Vaslewafer.lnduslrial\Columhi� 87076`INOV-NRL-2013-LV-0567.doc ■ Complete items 1, 2, and 3. Also complete A.ature item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse Xign so that we can return the card to you. B. eceived by ■ Attach this card to the back of the maiipiece, - - . . - —•--------.._-- i �� North Carolina Department of �r'. Environment and Natural Resources ��� Division of Air Quality/ FIR 2090 U.S. Highway 70, Swannanoa, NC 287 NCD ❑ Agent ❑ Addressee `ed Name), —• C. Date of Delivery dif�m item 1?�;, 3 Yes ry;a�dress below: ,'❑ No l -a`J Jeffrey Wakefield �T 3. Se cerype Columbia Forest Plywood Products VCe�(ed Mail 0 Post Office Box 1148 Registered alum Old Fort, NC 28762 ❑Insured Mail O.D. 4. Restricted Delivery? (Extra Fee, ---�—_ 012 110 12 i ?19E � 617 j7 3 Tess Mail Receipt for Merchandise N,au;ao/3 4.v-0N<c. ,s Form 3811; February 2004 , Domestic Return Receipt i UNITED STATES POSTAL SERVICE 11111 • Sender: Please print your name, add JANET 2090 U.S. HIGHWAY 70 SWANNANOA NC 28778 bb N ss Mail& Fees Paid Permit N G-10 !hd ZIP # In this lR •.,0� Ir 1Q~�y I • Complete -iterns-1, 2,4,td 3. name • Print your namind-sh:dress on the reverse so that we can return the card to you. Mr. Jeffrey Wakefield, Plant Manager Columbia Plywood Corporation Columbia Carolina Division Post Office Box 1148 369 Columbia Carolina Road Old Fort, N ft8762 A. Sigrititure XU 13 Agent Addrp B. Received by (printgg Narne) Q�QA6.A elfI "i address different from' W: [3 No pswnGli wow lature ❑Adult0 Ojeerd d Mall@ rUfi d 9590 9402 2119 6132 6482 94 0 colleq o PeN 0 Signature Qpnflrmatlon ?SiForm - 2 lie c Delivery Restricted Delivery - r-ffrans r service lab -1— "- 13 sliftat6e 661 . . . . . . . . . . . . . . . "ail Restricted Delk kill kest&rt ec(Dellvery: i 4-18 ; 10) ;July 201P!PjSN TS3Qr02-QP0-Pq53Ajj0Yj,, 01'h)# - L-9- Domestic Return I . USPS TRACKING # 9590 9402"6132 6482 94 United States Postal Service print your name, address, and JANET CANTWELL NCOEQ-D R-WOROS 2090 U.S. HIGHWAY 70 SWANNANOA NC 28778 ■ Complete items 1, 2, and 3. A Signature ■ Print your name and address on the reverse X 1 13 Agent so that we can return the card to you. ❑Addressee n IeCa ed y (Printed Name) C. Date of Delivery 0r. Jeffrey Wakefield, Plant Manager - �olumbia Plywood Corporation delivery address di n ' en�l? ❑ Yes 'olumbia Carolina Division _ _- _ YES, enter deliv essybelo <<Q . No 'ost Office Box 1148 0 ,A 369 Columbia Carolina Road N o Dld Fort, NC 28762-- x cr �Illlltltlllltllnt'I'Il��l���lnllltl�iltilt��lllll�ll _ LIIII � � � �r 3. Service Type ❑ Priority Mail Express® II I IIIIII IIII III I III I II I I II IN I IIII I I I III I I Adult Signature o Registered MallTR Adult Signature Restricted Delivery ❑ Registered Mall Restricts Certified Maile e 9590 9402 2119 6132 6489 04 o ertified Mail Restricted Delivery R e cna^e Selpt for ❑ Collect on Delivery ❑ Collect on Dellvery Restricted Delivery Signature Confirmation" 2._At3icleaNumbera. !tsfe. f[om s_erviee 1a6e4. _- Mail - i .i L ; : ; ❑ Signature Confirmation 7 015 ':15 2 d fl 0 3 ` 5 3 :4 9 7 2 € . Dill Reiti dtea De ivery ? 'Restricted Delivery —� __ _ - . n n a - 1. 7 L1 DnmP.Stlr Return Rece It U 9590 9402 2119 6132 6489 04 United States 0 Sender -.'Please print Postal Servide 1 Al/ First -Class Mail Postage &Fees Paid USPS Permit No. G-10 your name, address, and ZIP+4® in this boxe JANET CANTWELL NCDEQ-DWR GROS 2090 U.S. HIGHWAY 70 SWANNANOA NC 28778 11111111 -HIP, ■ folete items 1, 2, and 3. Also complete I A. Signature it 4 if Restricted Delivery is desired. X - Agent it ■ Print your name and address on the reverse ❑ Addresse( ,,4 J•� ` - aceived by (Printed Name) o�Deliver) lorth Carolina Department of Environmental Quality I ���p0� iivision of Water Resources o -� idelivery address differentfroU103YesVater Quality Regional Operations Secti_: �<_:.� .YES, enterdelivery address '090 U.S. Highway 70 _ — ;wannanoa, North Carolina 28778effrey Wakefield, Plant Manager�FOZ� :olumbia•Forest Plywood Products lost Office Box 1148 = 'e ce Type 69 Colurrr&,,Carollna Road 7 Certified Mail® ❑ Priority Mail Express' Ad Fort, NC 28762 egistered R�eturn Receipt for MerchandisE �Ili l ffl l 7 Insured Mail u L'ollect on Delivery 4. Restricted Delivery? (Extra Fee) ❑ Yes 701,211d"id t0b2 1965 5709" r,�. r-__— 40i 1 1.:1., on-1, nnmwctir. Return Receipt UNITED STATESR-6is 8mvtGI FirstClass Mail Postage Vee, d& A USPS Permit No. G-44 • Sender: Please print your name, address qVd-Z0)+40 i boxe "T. -0 cb o i, 8 N JANEr CA ITWELL NCDEQ-D R-WOROS 2090 U.S. HIGHWAY 70 51 S WANNANOA NC 28778 e II it WI: PT United States Environmental Protection Agency Form Approved. EPA Washington, D.C. 20460 OMB No. 2040-0057 Water Compliance Inspection Report Approval expires 8-31-98 Section A: National Data System Coding (i.e., PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 u 2 u 31 NCO087076 I11 121 o5/08/11 117 18Lj 19 U 20 U Remarks 211 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 I I I I I I I I I I I I I I I 166 Inspection Work Days Facility Self -Monitoring Evaluation Rating B1 CA --------------------------- Reserved ----------------------- 67 I 169 70 Lj 71 U 72 U, 73 W 74 751 I I I I I I 180 Section B: Facility Data Name and Location of Facility Inspected (For Industrial Users discharging to POTW, also include Entry Time/Date Permit Effective Date POTW name and NPDES permit Number) 01:00 PM 05/08/11 05/02/01 Columbia Forest Plywood Products Exit Time/Date Permit Expiration Date 369 Columbia Carolina Old Fort NC 28762 02:15 PM 05/08/11 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 Ed Wicklander,PO Box 1148 Old Fort NC 28762//828-724-4191/8287249084 Yes Section C: Areas Evaluated During Inspection (Check only those areas evaluated) Permit 0 Operations & Maintenance 0 Facility Site Review 0 Storm Water Section D: Summary of Finding/Comments Attach additional sheets of narrative and checklists as necessar (See attachment summary) Name(s) and Signature(s) of Inspector(s) Agency/Office/Phone and Fax Numbers Date Larry Frost ARO WQ//828-296-4500 Ext.4658/ Keith Haynes ARO WQ//828-296-4500 Ext.4660/ Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date Roger C Edwards 828-296-4500 Ext.4656/ EPA Form 3560-3 (Rev 9-94) Previous editions are obsolete. NPDES yr/mo/day Inspection Type 3I NCO087076 I11 12, 05/08/11 1 17 181 i (cont.) 1 Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) Since the last inspection by Mr. Frost the plant has increased the size of the settling pond, both in depth and area.The design will hopefully keep discharges due to storm events to a minimum and allow the plant the opportunity to settle any water prior to discharge. The plant has a pump on order so that they may better transfer water from the settling basin to the spray basin. The plant has obviously put a great deal of expense and effort into improving the wet decking flow pattern to the settling pond and keeping as much storm water, as possible, away from the pond. The plant and the wastewater facilities appear to be in good condition and are operating well.There was no discharge at the time of the inspection. Thanks for all the time spent with the inspectors. (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: This facility is a 'wet decking' operation with settling pond. Operations & Maintenance 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: Yes No NA NE ❑ ❑ ■ ❑ ■ O ❑ O ❑ ■ ❑ ❑ ■ ❑ ❑ ❑ ■ O ❑ O AMMkg7011_M0I:11 Facility Parameter TSS DMR Review Record Columbia Permit/Pipe No.: NC0087076/OC Month/Year: Monthly Average Violation Permit Limit 30 Weekly/Daily Violations DMR Value 76 Date Parameter Permit Limit Type DMR Value 10/16/2002 TSS 45 each event 76 Monitoring Frequency Violations LV: 02-673 October-02 Date Parameter Permit Frequency Values Reported Other Violations There was onlv one discharae for the BPJ do not charae for the monthlv averaae violation. Completed By: Larry Frost Date: 12/11/2002 % Over Limit 153.3 % Over Limit 68.9 # of Violations �.. � :. ��'_.. , , r �• ��� '� , +.ram � �. F �'. Y +-.'1°�£_" "t�� p'�' 'a7"i y�"� xr'i C' a ?�,S`'^��',�,,�,��� �F� Y �, +��'�•�'^"J�'ry � T�l�� . _ i. �IF IF + i.• to!MW IF R �:..got F1l6 4 y IF, I— For (' i t +_ or go, 09 NN Ir . �1 . Fool IPill. k L lot Igo a � i :`F y op / FI !- -gollooffi._ Fog %fIf lig IF \ a r Ip Ii `- — i �). I It It lk {lL l iJ . OFF I - IF Ill &L _IFF III IF go 4 %1 �# I IF Fir, IF t goo. igifig go gpow I, go I `may ,1711, to got,--�I. go -\ 1�;� a r. If, th, Or IF ,F FOR W4 Apollo, Wooz Fill IF -cto .. NJ IF IF �. _ + I N. ILgo. Fm Fg, 1. F. A goo 6 g00%6 F, OFF, milt. -om, Foop 4 r4tr for r go, . 0 IF 0 --go, 6. too, to Ilk. 'Fq go of I 1 1 \, .. `.T IF Ilig- go. IF Flig., roll' OFF IF '!_ t •� got. i4m 9 DO 4 __ �,,,..\ •sue -P4 _ _ - z...r.�w•. IRS - ow Ar *40 bib ;;rap WW4 (I musavo �( - -- - - = i � �� 1 Iz IN + _ - IV IV VFW N +� ' • 'Vow1, �, DO VOW `� �, •' - `'-� j;e lF �\... 11 /2.,013 1 2 5�4 �� Y �. %NiV,. J0,06: owe a ... Ir`•r \ \, - • sL^.\fit a y1` + 11/22/2013 12:55 v Jim JAI Owl A Al of -A At k AA L ' a 'a"K'_ JA foil W11 +F$ r ., AInA Jr 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 1 51 31 NCO087076 111 121 13/11/22 117 181 C I 19I S I 201 I Remarks 211 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 I I I I I I I I I I I I I I 116 Inspection Work Days Facility Self -Monitoring Evaluation Rating B1 QA --------------------------- Reserved ---------------------- 67 I 169 701 I 711 I 721 N I 73I I 174 751 I I I I I I 180 I_I_I Section B: Facility Data Name and Location of Facility Inspected (For Industrial Users discharging to POTW, also include Entry Time/Date Permit Effective Date POTW name and NPDES permit Number) 11:50 AM 13/11/22 10/01 /01 Columbia Forest Plywood Products Exit Time/Date Permit Expiration Date 369 Columbia Carolina Old Fort NC 28762 01:00 PM 13/11/22 14/12/31 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 Ed Wicklander,PO Box 1148 Old Fort NC 28762//828-724-4191/8287249084 No Section C: Areas Evaluated During Inspection (Check only those areas evaluated) Operations & Maintenance 0 Facility Site Review 0 Effluent/Receiving Waters Section D: Summary of Find in/Comments Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s) and Signature(s) of Inspector(s) Agency/Office/Phone and Fax Numbers Date Linda S Wiggs ARO WQ//828-296-4500 Ext.4653/ 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 NCO087076 111 12, 13/11/22 117 18I d (cant.) Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) The inspector visited most of the site with Brian Sprouse and Larry Hartman, whose time was greatly appreciated. An area that needed improvement was the side slope of the final pond. By the discharge point a side slope of the pond had sloughed off and was in need of repair. We discussed repairing the slope and determining if the ponds needed to be cleaned out as well. This facility is covered by a wastewater NPDES permit (NC0087076) and a stormwater NPDES permit (NCG210136). This inspection was related to the wastewater permit, however the stormwater permit outfalls were also observed and discussed. The following comments are to assist the permittee with proper stormwater sampling. Stormwater Discharge Outfall (SDO) #2, #3 and #4 likely need to be reviewed based on discussions. SDO #4 needs to capture the stormwater flows from the drainage trench between the main manufacturing building and the veneer unloading building. SDO #2 and #3 cannot be sampled in the stream. All stormwater samples have to be sampled at the end of pipe, prior to joining the receiving waterbody, and within the first 30 minutes of the stormwater discharging. Also discussed was the need for the wastewater permit. Mr. Sprouse stated it is rare for this system to discharge; basically only during extremely heavy rainfall years, which this year was one. The prior wastewater discharge event was 2009. Page # 2 Permit: NCO087076 Inspection Date: 11/22/2013 Operations & Maintenance Owner -Facility: Columbia Forest Plywood Products Inspection Type: Compliance Evaluation Yes No NA NE Is the plant generally clean with acceptable housekeeping? ■ 0 0 0 Does the facility analyze process control parameters, for ex: MLSS, MCRT, Settleable Solids, pH, DO, Sludge 0 ❑ ■ Judge, and other that are applicable? Comment: 0991..--.46 o:-- Yes No NA NE 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: Lagoons Type of lagoons? # Number of lagoons in operation at time of visit? Are lagoons operated in? # Is a re -circulation line present? Is lagoon free of excessive floating materials? # Are baffles between ponds or effluent baffles adjustable? Are dike slopes clear of woody vegetation? Are weeds controlled around the edge of the lagoon? Are dikes free of seepage? Are dikes free of erosion? Are dikes free of burrowing animals? # Has the sludge blanket in the lagoon (s) been measured periodically in multiple locations? # If excessive algae is present, has barley straw been used to help control the growth? Is the lagoon surface free of weeds? Is the lagoon free of short circuiting? Comment: One side slope of the last lagoon has eroded. Columbia personnel stated that was already slated to be fixed. The sludge blanket is not measured periodically or in multiple locations. However, it was discussed that the solids would be measured to determine if the ponds needed cleaning, especially since heavy equipment may be deployed to fixed the slope. Yes No NA NE Anaerobic 2 Series nnn■ ■nnn ■nnn ■nnn ■nnn nnn■ n■nn nnn■ n■nn nn■n ■nnn ■nnn Page # 3 ATTACHMENT A Columbia Forest Plywood Products CASE NUMBER: LV-2003-0450 PERMIT: NCO087076 FACILITY: Columbia Forest Plywood Products 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 3-2003 001 Effluent RES/TSS 03/07/03 Once per discharge mg/I 45.00 109.00 142.22 Daily Maximum Exceeded $250.00 3-2003 001 Effluent RES/TSS 03/20/03 Once per discharge mg/I 45.00 124.00 175.56 Daily Maximum Exceeded $750.00 3-2003 001 Effluent RES/TSS 03/31/03 Once per discharge mg/I 30.00 116.50 288.33 Monthly Average Exceeded United States Environmental Protection Agency Form Approved. EPA Washington, D.C. 20460 OMB No. 2040-0057 Water Compliance Inspection Report Approval expires 8-31-98 Section A: National Data System Coding (i.e., PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 u 2 u 31 NCG210136 I11 121 o5/08/11 117 18Lj 19 U 20 U Remarks 211 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 I I I I I I I I I I I I I I I 166 Inspection Work Days Facility Self -Monitoring Evaluation Rating B1 CA --------------------------- Reserved ----------------------- 67 I 169 70 Lj 71 U 72 U, 73 W 74 751 I I I I I I 180 Section B: Facility Data Name and Location of Facility Inspected (For Industrial Users discharging to POTW, also include Entry Time/Date Permit Effective Date POTW name and NPDES permit Number) 01:00 PM 05/08/11 03/05/01 Columbia Forest Plywood Produc Exit Time/Date Permit Expiration Date 369 Columbia Carolina Rd Old Fort NC 28762 02:15 PM 05/08/11 08/04/30 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 Ed Wicklander,PO Box 1148 Old Fort NC 28762//704-724-4191/828724908 No Section C: Areas Evaluated During Inspection (Check only those areas evaluated) Permit 0 Operations & Maintenance 0 Facility Site Review Section D: Summary of Finding/Comments Attach additional sheets of narrative and checklists as necessar (See attachment summary) Name(s) and Signature(s) of Inspector(s) Agency/Office/Phone and Fax Numbers Date Larry Frost ARO WQ//828-296-4500 Ext.4658/ Keith Haynes ARO WQ//828-296-4500 Ext.4660/ Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date Roger C Edwards 828-296-4500 Ext.4656/ EPA Form 3560-3 (Rev 9-94) Previous editions are obsolete. NPDES yr/mo/day Inspection Type 3I MCG210136 I11 121 05/08/11 1 17 18 H Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) The stormwater permit for this facility appears to be well managed with outfalls identified and maintained. The facility is in good condition and appears to be operating well. 1 (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: General Permit NCG210000 for storm water. Operations & Maintenance 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: Yes No NA NE ❑ ❑ ■ ❑ ❑ O ■ O ❑ ■ ❑ ❑ ■ ❑ ❑ ❑ ■ O ❑ O AMMkg7011_M0I:11