NC0039187_Regional Office Physical File Scan Up To 10/16/2020

i
ENVIRONMENTAL
Inc.,�raw"t�t,! _
APR 19 ?011
Water Quality Regional Operations
Ashev!II� Pnolonai Office
Mailing Address: PO Box 954, Cullowhee, NC 28723
Physical Address: 2675 Skvland Drive, Sylva, NC 28779 [phone]
Physical Address: 240-D Swannanoa River Road, Asheville, NC 28805 [phone]
Toll Free: [phone], Fax: [phone], Email: eiivironment line( .aoi.com
http://www.environmentalinc.co/
April 10, 2018
North Carolina Department of Environment and Natural Resources
Water Quality Regional Operations- Asheville Regional Office
Attention: Janet Cantwell
2090 US Highway 70
Swannanoa, NC 28778
RE: Notice of Violation
Tracking #: NOV—2018-LV-0196
Valley View Shoppin Center WWTP
NPDES Permit No. NCO039187
Buncombe County
Dear Ms. Cantwell,
Per the Notice of Violation for Valley View Shopping Center WWTP; the results for
BOD exceeded the daily maximum for the date 12/6/17 , due to an unknown factor. The
results have been within normal limits since then. We are continuing to monitor this per
the permit requirements.
If you have any further questions, please feel free to contact me.
Sincerely,
&44k 4�1�
Mark Teague
Environmental, Inc.

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Cantwell, Janet
From: Environmentalinc <[e-mail]>
Sent: Thursday, April 12, 2018 6:05 PM
To: Cantwell, Janet
Subject: [External] Valley View Shopping Center NOV-2018-LV-0196
Attachments: Valley View NOV_04_2018.pdf
Hi Ms Janet!
Please see the attached NOV response for Valley View Shopping Center.
I have also mailed copies to you as well as Raleigh.
Thank you!
Melissa
Voted 2015 C-Well Operator of the Year
Environmental, Inc.
Mailing Address: PO Box 954, Cullowhee, NC 28723
Physical Address: 2675 Skyland Drive, Sylva, NC 28779
Physical Address: 240-1) Swannanoa River Road, Asheville, NC 28805
[phone], Fax [phone]
http://www.waterwne.com/
This email (including any attachments) contains PRIVILEGED AND CONFIDENTIAL
INFORMATION protected by federal and/or state law and is intended only for
the use of the individual(s) or entity(ies) designated as recipient(s).

ENVIRONMENTAL, INC.
PO Box 954
Cullowhee, NC 28723
Facility: Valley View WWTP
Location: Effluent
Phone [phone] [phone]
FAX [phone]
E-mail: environmentalinc@ao'l.com
Month: January-18
Operator: Mark Teague
Discharge Permit
Bob
(mg/L)
NH3
mg/L
TSS
mg/L
Fecal
(cFU/100 mL)
Daily Max
45
NA
45
400
Monthly Max
30
NA
30
200
Frequency
weekly
weekly
I weekly
weekly
Sample Type
I grab
grab
I grab
grab
Certificate of Ruatpoio
BOD SM5210
MDL 2.0 mg/L
NH3 SM 4500NH3-F
MDL 0.1 mg/L
TSS SM 2540D
MDL 2.0mg/L
Fecal SM 9222D
MDL 4 CFU/100 mL
FOOTNOTES
Date
Collected
Date
Received
Analysis
Date
Result
mg/L)
Analysis
Date
Result
mg/L
Analysis
Date
Result
(mg/L)
Analysis
Date
Result
(CFU/100.mL)
1 /3/18
1 /3/18
1 /4/18
< 2.0
1 /19/18
1.4
1 /8/18
20.0
1 /3/18
< 4
1/10/18
1/10/18
1/11/18
2.8
11/22/18
0.9
1/15/18
< 8.3
1/10/18
< 4
1/18/18
1/18/18
1/19/18
3.0
2/2/18
4.6
1/22/18
< 12.5
1/18/18
7
1 /24/18
1 /24/18
1 /25/18
< 2.0
2/8/18
4.2
1 /29/18
< 8.3
1 /24/18
< 4
1/31/18
1131/18
2/1/18
2.7
2/13118
2.7
2/5118
14.8
1/31/18
< 4
L.b
Report Prepared 2/15/2018
PR.]
14.0
A
4.5
R suits appRpved by: .
Ant ny Tirona,
Label atory Supervisor

North Carolina Division of Water Resources
Asheville Laboratory (Water Sciences Section)
Water Sample Collection &Submittal Form
P
(psit ID
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❑Estuary
❑Stormwater
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❑Filter Blank
❑Other:
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Notes:
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'
❑ Chlorinated ❑De -chlorinated in Field
Sampling ❑Grab Composite
Method Other:
Temperature ( CJ'.
o» Arr►vaI
Dissolved analysis: Enter "DIS"
❑ Filtered in Field
in check -boxes for parameters
Samp/e'Depth i
Collector s7Coiwni6its
Microbiology Parameters:
Acidity, as CaCO3, to pH 4.5/8.3 mg/L
Alkalinity, as CaCO3, to pH 4.5/8.3 mg/L
Solids Parameters:
BOD: Biochemical Oxygen Demand, 5-day i mg/L
Residue: Total (Total Solids) mg/L
cBOD: Carbonaceous BOD, 5-day mg/L
Residue: Volatile/Fixed, Total mg/L
Coliform: Fecal MF /100ml
Residue: Suspended (Suspended Solids) mg/L
Coliform: Total MF /100ml
Residue: Volatile/Fixed, Suspended mg/L
Coliform: Tube Fecal /100ml
TDS -Total Dissolved Solids mg/L
Coliform: Tube Total /100ml
Specific Conductance, at 25 °C umhos/cm
Turbidity NTU
Other Parameters:
pH S.U.
LAB COMMENTS:
Revision:

Chain of Custody (COC) Record - Water Samples Page �
of
a
North Carolina Division of Water Resources - Water Sciences Section Chemistry Laboratories
Samples Submitted to: ( Central Lab - Raleigh ( ) Asheville Regional Lab - Swannanoa
Purpose /Investigation: Via � View w voe
Sample Collector /
�tN iN1 �Jc t
-
Forms Completed by E �Prrnt Name' Sr nature.
Field Storage
conditions & location
(when applicable):
La�3 Use Oxrly,„
Number of
Location Code Date Time
Sample
Lab Sarnp[e No or Tag Number Location Description Collected Collected
Containers
Val
h
Relinquished by:
Date
Time
Received by:
(signature):
Relinquished
Relinquished
(signature);
Date Received
Time Received
Method of Shipment (circle one) : 78te Courie Hand -Delivered Federal Express UPS Other:
Shipment Container Sealed By:
$ecunty Tape Broken By::
(signature)
(signature)
Container / Security Tape Comments:
Revised: 4/12/2016

North Carolina Division of Water Resources
vis►t ID
Tag;"n
Lp611Se
Water Sample Collection & Submittal Form
(optronal) =
ID
Laboratory
-Central Laboratory (Water Sciences Section)
,{
Sample Number
L'ocdtion Deacr►pt►on : ` / P
Gi Vi-P/L/l� w
Locat►on Code
o<)3 �%
V
h
Date Received
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< Count r Collector f
4} y L 1/V
Prior►ty
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r Y1 Go cr�-Pi
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DWR Reg►on v DWR Off►ce "3
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A(
❑Ambient
❑River/Stream ❑ Lake
❑ [:]Canal
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7
(based on county) !�� (or agency name);
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Surface ❑Estuary
❑Stormwater
Received ey r
r
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j
Dgte� / %
State Courier
�r�
El Compliance
❑Ground ❑ Monitoring Well ❑Water Supply
#
De`hvery,Method j ❑Hand Delivery
Notes:
Time ' 15
-5d COC
❑ Emergency
R Waste Effluent ❑ Influent
❑Field Blank
❑ Blank [:]Trip Blank
r 1 ❑Other:
Chlorinated De -chlorinated in Field
❑ ❑
Samphng ❑Grab Composite
�
❑
r
Temperature (t CJ1
,�Mefhad ; Other.
❑Filter Blank
"onArrro6li 7
Dissolved analysis: Enter"DIS"
❑ Filtered in Field
Sample Depth
❑QA
❑ Solution ❑Other:
in check -boxes for parameters
Xb entsi.,il'
Microbiology Parameters:. F , r
MBAS (surfactants) mg/L
- -* , MetaWParameters ...,.
"
Tin (Sn) µg/L
Acidity, as CaCO3, to pH 4.5/8.3 mg/L
Oil and Grease, HEM, Total Recoverable mg/L
Aluminum (AI) µg/L
Titanium (Ti) µg/L
Alkalinity, as CaCO3, to pH 4.5/8.3 mg/L
Phenols, Total Recoverable Ng/L
Antimony (Sb) Ng/L
Vanadium (V) µg/L
BOD: Biochemical Oxygen Demand, 5-day mg/L
Residue: Total (Total Solids) mg/L
Arsenic (As) µg/L
Zinc (Zn) µg/L
cBOD: Carbonaceous BOD, 5-day mg/L
Residue: Volatile/Fixed, Total mg/L
Barium (Ba) µg/L
Coliform: Fecal MF /100m1
Residue: Suspended (Suspended Solids) mg/L
Beryllium (Be) µg/L
Boron (B), Total µg/L
Coliform: Total MF /100m1
Residue: Volatile/Fixed, Suspended mg/L
Cadmium (Cd) µg/L
Mercury 1631, low-level ng/L
Coliform: Tube Fecal /loom[
TDS - Total Dissolved Solids mg/L
Calcium (Ca) mg/L
Coliform: Tube Total /100m1
Silica mg/L
Chromium (Cr), Total Ng/L
: Organics;` -:Parameters:
Specific Conductance, at 25 °C umhos/cm
Sulfide mg/L
Cobalt (Co) pg/L
Acid Herbicides
TOC - Total Organic Carbon mg/L
Tannin & Lignin mg/L
Copper (Cu) µg/L
Organochlorine Pesticides
Turbidity NTU
Iron (Fe) µg/L
Organonitrogen Pesticides
OtherParameters .Y
Lead (Pb) µg/L
Organophosphorus Pesticides
Wet: -Chemistry Parameters, 1 :,u;-
pH s.u.
Lithium (Li) µg/L
PCBs (polychlorinated biphenyls)
Bromide mg/L
Hardness, Total as CaCO3 - by titration mg/L
Magnesium (Mg) mg/L
Chloride mg/L
Manganese (Mn) µg/L
Semi -Volatile Organics (BNAs)
Fluoride mg/L
Mercury (Hg) pg/L
TPH Diesel Range
Sulfate mg/L
NutrientsyBarameters ;•
Molybdenum (Mo) µg/L
Chlorophyll a µg/L
Ammonia as N (NH3-N) mg/L
Nickel (Ni) µg/L
Volatile Organics (VOA)
Color: ADMI C.U.
Nitrate -Nitrite as N (NO3+NO2-N) mg/L
Potassium (K) mg/L.
Color: Platinum Cobalt C.U.
Total Kjeldahl Nitrogen as N (TKN) mg/L
Selenium (Se) jig/L
TPH Gasoline Range
COD: Chemical Oxygen Demand mg/L
Total Phosphorus as P (TP) mg/L
Silver (Ag) pg/L
Cyanide, Total mg/L
Nitrite as N (NO2-N) mg/L
Sodium (Na) mg/L
Biological
Formaldehyde mg/L
Nitrate as N (NOB-N calculated) mg/L
Strontium (Sr) µg/L
Phytoplankton / Algae
Hexavalent Chromium (Cr6+) mg/L
Orthophosphate as P (PO4) mg/L
Thallium (TI) µg/L
LAB COMMENTS:
Revision:

Report to: A Ac WATER QUALITY SECTION Page_( of --L—
CHAIN OF CUSTODY (COC) RECORD
NC DENR/DWQ LABORATORY (check one): [ 1 CENTRAL --f�ARO [ ] WaRO
For Investigation of: !cL /,
1
w
�G 0 3 ! .�7
Sample collector (print name)
and DM-1 forms completed by:
L>NQA W 1
SSA
Sample collector's signature:
Field storage conditions and location (when applicable):
Lab Use Only
LAB NO.
STATION NO.
STATION LOCATION
DATE
SAMPLED
TIME
SAMPLED
NUMBER
OF
CONTAINERS
Relinquished by (signature):
Da e
Tim
Receiv by (s' na
Date
Time
Relinquished by (signature):
Date
Time
Rec ved by (signature):
Date
Time
Relinquished by (signature):
Date
Time
Received by (signature):
Date
Time
Method of Shipment (circle one):
State Courier
and-delivere Federal Express UPS Other:
Security Type and Conditions:
Sealed by:
Broken by:
iNTRALABORATORY CHAIN OF CUSTODY - Lab Use Only
LAB NUMBERS
FROM THROUGH
NUMBER
BOTTLES
ANALYSES
REQUESTED
RELINQUISHED
BY:
RECEIVED.
BY:
DATE
TIME
i
QA\Forms\Sample Receiving\COC form WQ 4/10/01dbs

FER
Water Resources
ENVIRONMENTAL QUALITY
January 8, 2016
Mr. Charles W. Burkett, IV
Valley View of Asheville, LLC
1332 Biscaya Drive
Surfside, FL 33154-3318
Subject: Issuance
PAT MCCRORY
Govenrmr
DONALD R. VAN DER VAART
seeretwy
S. JAY ZIMMERMAN
Director
I., �. i V fI:: d_J
biviSion of ?vaier Flesources
EEB - 3 2016
OU8!Ity Reoiona! Oaerations
ta.0h.—N . , .
Valley View Shopping Center WWTP
2212 Smokey Park Hwy (US 19/23), Caftdler 28715
Buncombe County
Dear Mr. Burkett:
The Division of Water Resources (the Division) hereby issues the attached NPDES permit for the subject
facility. This permit is issued pursuant to the requirements of North Carolina General Statute 143-215.1
and the Memorandum of Agreement between North Carolina and the U.S. Environmental Protection
Agency dated October 15, 2007, or as subsequently amended.
The Division understands that you have made no significant changes to your facility since the last permit
renewal. We have made the following updates to your previous permit:
added parameter codes to Section A. (L)
added Electronic Reporting - Discharge Monitoring Reports page [Section A. (2.)].
updated the facility map.
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.
The requirement to begin reporting discharge monitoring data electronically using the NC DWR's
Electronic Discharge Monitoring Report (eDMR) interpret application has been added to your NPDES
permit. [See Special Condition A. (2.)] For information on eDMR, registering for eDMR and obtaining
an eDMR user account, please visit the following web page:
http://portal.ncdenr.org/web/wq/admin/bog/ipu/edmr.
For information on EPA's proposed NPDES Electronic Reporting Rule, please visit the following web
site:
http://www2.epa. gov/compliance/proposed-npdes-electronic-reporting-rule.
If any parts, measurement frequencies, or sampling requirements contained in this permit are
unacceptable, you have the right to an adjudicatory hearing, upon written request submitted within thirty
(30) days after receiving this letter. Your request must take the form of a written petition conforming to
Chapter 150B of North Carolina General Statutes, and you must file it with the Office of Administrative
1617 Mail Service Center, Raleigh, North Carolina 27699-1617
Phone: [phone] \ Internet: www.ilcwaterquality.org.
An Equal Opportunity \ Affirmative Action Employer — Made in part by recycled paper

Mr. Burkett
January 8, 2016
Page 2 of 2
Hearings, 6714 Mail Service Center, Raleigh, North Carolina 27699-6714. Unless such a demand is
made, this permit shall remain final and binding.
Please note that this permit is not transferable except after notice to the Division. The Division may
require modification or revocation and reissuance of the permit. This permit does not affect the legal
requirements to obtain other permits which may be required by the Division of Water Resources or any
other Federal, State, or Local governmental permits that may be required.
If you have questions, or if we can be of further service, please contact Derek Denard at
[[e-mail]] or call [phone].
5espe lly,
Jay Zimmerman, P�ector
Division of Water Resources, NCDEQ
Enclosure: NPDES Permit NCO039187 (Issuance Final)
hc: Central Files
NPDES Program Nles
RO�F'ilesJ r ltx Land Dav'M -4,f
��

NPDES Permit NCO039187
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF WATER RESOURCES
PERMIT
TO DISCHARGE WASTEWATER UNDER THE
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
(NPDES)
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,
Valley View of Asheville, LLC
is hereby authorized to discharge wastewater from a facility located at the
Valley View Shopping Center WWTP
2212 Smokey Park Highway (U.S. Highway 19/23), Candler 28715
Buncombe County
to receiving waters designated as an unnamed tributary to Hominy Creek in the French Broad River
Basin, in accordance with effluent limitations, monitoring requirements, and other conditions set forth
in Parts I, II, III and IV hereof.
This permit shall become effective February 1, 2016.
This permit and authorization to discharge shall expire at midnight on October 31, 2020.
Signed this day January 8, 2016.
S. �J`ay'Zimmerman, P.G., Director
i4ivision of Water Resources
By Authority of the Environmental Management Commission
Page 1 of 5

NPDES Permit NCO 039187
SUPPLEMENT TO PERMIT COVER SHEET
All previous NPDES Permits issued to this facility, whether for operation or discharge are hereby
revoked, and as of this 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.
Valley View ®f Asheville, LLC
is hereby authorized to:
continue to operate an existing 0.01 MGD wastewater treatment facility with the following
components;
• aeration basin -with dual blowers
• clarifier w�iihskmme and sludge returns
• tablet chlorinator () o
• chlorine contact chamber
• tablet dechlorinator
located at Valley View Shopping Center WWTP, 2212 Smokey Park Highway (U.S. Highway
19/23), Candler, Buncombe County,
2. discharge from said treatment works via Outfall 001, at the location specified on the attached map
into an unnamed tributary to Hominy Creek [6-76], a waterbody classified C located within
Subbasin 04-03-02 [HUC: 060101050502] of the French Broad River Basin.
Page 2 of 5

NPDES Permit N00039187
PART I
A. (I.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS
[15A NCAC 02B .0400 et seq., 02B .0500 et seq.]
During the period beginning on the effective date of this permit and lasting until expiration, the
Permittee is authorized to discharge from outfall 001. Such discharges shall be limited, monitored and
reported' by the Permittee as specified below:
EFFLUENT CHARACTERISTICS
Parameter Code
LIMITS
MONITORING REQUIREMENTS)
Monthly
. Average
Daily
Maximum
Measurement
Frequent ,
Sample Type
Sample
Location
Flow (MGD) 50050
0.01 MGD
Weekly
Instantaneous
Influent Effluent
BOD, 5-day (20°C) (mg/L) C0310
30.0 mg/L
45.0 mg/L
Weekly
Grab
Effluent
Total Suspended Solids (mg/L) C0530
30.0 mg/L
45.0 mg/L
Weekly
Grab
Effluent
NH3 as N (mg/L)
(April 1— October 31 C0610
7.0 mg/L
35.0 mg/L
Weekly
Grab
Effluent
NH3 as N (mg/L)
November 1— March 31 C0610
18.0 mg/L
35.0 mg/L
Weekly
Grab
Effluent
Fecal Coliform 2 (#/100m1) 31616
200 / 100 ml
4001100 ml
Weekly
Grab
Effluent
Total Residual Chlorine3 (Ng/L) 50060
28 lag/L3
2/Week
Grab
Effluent
Temperature (°C) 00010
Monitor & Report
Weekly
Grab
Effluent
pH (su) 00400
>— 6.0 & s 9.0 Standard Units
Weekly
Grab
Effluent
Footnotes:
1. No later than 270 days from the effective date of this permit, begin submitting discharge monitoring
reports electronically using NC DWR's eDMR application system. See Condition A. (2.).
2. Fecal Coliform shall be calculated using the geometric mean, according to the procedure detailed in Part IL
Section A.
3. The Division shall consider all effluent TRC values reported below 50 µg/L to be in compliance with the
permit. However, the Permittee shall continue to record and submit all values reported by a North Carolina
certified laboratory (including field certified), even if these values fall below 50 µg/L.
Conditions:
There shall be no discharge of floating solids or foam visible in other than trace amounts.
Page 3 of 5

NPDES Permit NCO039187
A. (2.) ELECTRONIC REPORTING OF DISCHARGE MONITORING REPORTS
[G.S. 143-215.1(b)]
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 adopted
these regulations in 2013.
NOTE: This special condition supplements or supersedes the following sections within Part II of this
permit (Standard Conditions for NPDES Permits):
• Section B. (11.) Signatory Requirements
• . Section D. (2.)
• Section D. (6.)
• Section E. (5.)
Reporting
Records Retention
Monitoring Reports
1. Reporting [Supersedes Section A (2.) and Section E. (5.) (a)1
Beginning no later than 270 days fiom 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 siunmarized for each month and
submitted electronically using eDMR. The eDMR system allows permitted facilities to enter
monitoring data and submit DMRs electronically using the internet. Until such time that the state's
eDMR application is compliant with EPA's Cross -Media Electronic Reporting Regulation
(CROMERR), permittees will be required to submit all discharge monitoring data to the state
electronically using eDMR and will be required to complete the eDMR submission by printing,
signing, and submitting one signed original and a copy of the computer printed eDMR to the
following address:
NC DENR / DWR / Information Processing Unit
ATTENTION: Central Files / eDMR
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
If a permittee is unable to use the eDMR system due to a demonstrated hardship or due to the
facility being physically located in an area where less than 10 percent of the households have
broadband access, then a temporary waiver from the NPDES electronic reporting requirements
may be granted and discharge monitoring data may. be submitted on paper DMR forms (MR 1, 1. 1,
2, 3) or alternative forms approved by the Director. Duplicate signed copies shall be submitted to
the mailing address above.
Requests for temporary waivers from the NPDES electronic reporting requirements must be
submitted in writing, to the Division for written approval at least sixty (60) days prior to the date the
facility would be required under this permit to begin using eDMR. Temporary waivers shall be
valid for twelve (12) months and shall thereupon expire. At such time, DMRs shall be submitted
electronically to the Division unless the permittee re -applies for and.is granted a new temporary
waiver by the Division.
Page 4 of 5

NPDES Permit NCO039187
A. (2.) ELECTRONIC REPORTING OF DISCHARGE MONITORING REPORTS, continued
Information on eDMR and application for a temporary waiver from the NPDES electronic
reporting requirements is found on the following web page:
hLtp://portal.nedenr.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. SiEnatory Requirements [Supplements Section D. (11) (b) and supersedes Section B (11) (d)1
All eDMRs submitted to the permit issuing authority shall be signed by a person described in Part
II, Section B. (1 l.)(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.nedenr.org/web/wq./admin/bog/ipu/ed=
Certification. Any person submitting an electronic DMR using the state's eDMR system shall
make the following certification [40 CFR 122.22]. NO OTHER STATEMENTS. OF
CERTIFICATION WILL BE ACCEPTED:
"I certify, under penalty of law, that this document and all attachments were prepared under my
direction or supervision in accordance with a system designed to assure that qualified personnel
properly gather and evaluate the information submitted. Based on my inquiry of the person or
persons who manage the system, or those persons directly responsible for gathering the
information, the information submitted is, to the best of my knowledge and belief, true, accurate,
and complete. I am aware that there are significant penalties for submitting false information,
including the possibility of fines and imprisonment for knowing violations. "
3. Records Retention [Supplements Section D. (6.)1
The permittee shall retain records of all Discharge Monitoring Reports, including eDMR submissions.
These records or copies shall be maintained for a period of at least 3 years from the date of the report. This
period may be extended by request of the Director at any time [40 CFR 122.41].
Page 5 of 5

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Smokey Park Hwy (US Hwy 19/23)
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Valley View of Asheville, LLC
Valley View Shopping Center WWTP
2212 Smokey Park Hwy (US Hwy 19/23), Candler 28715
Receivine Stream: UT to Hominy Creek Stream Class: C
Stream Segment: 6-76 Sub -Basin: 04-03-02
Drainage Basin: French Broad HUC: 060101050502
Latitude: 35' 32' 34" Longitude: 82° 43' S2"
State Grid/USGS Quad: EBSW / Enka, NC
Facility
Location
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NPDES Permit NCO039187
Buncombe County

NPDES Permit Standard Conditions
Page 1 of 18
PART II
STANDARD CONDITIONS FOR NPDES PERMITS
Section A. Definitions
2/Month
Samples are collected twice per month with at least ten calendar days between sampling events. These samples shall be
representative of the wastewater discharged during the sample period.
3/Week
Samples are collected three times per week on three separate calendar days. These samples shall be representative of
the wastewater discharged during the sample period.
Act or "the Act"
The Federal Water Pollution Control Act, also known as the Clean Water Act (CWA), as amended, 33 USC 1251, et.
seq.
Annual Average
The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar year. In the case of fecal
coliform, the geometric mean of such discharges.
Arithmetic Mean
The summation of the individual values divided by the number of individual values.
Bypass
The known diversion of waste streams from any portion of a treatment facility including the collection system, which is
not a designed or established or operating mode for the facility.
Calendar DU
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
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(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).
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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 B. General Conditions
1. Duty to Comply_
The Permittee must comply with all conditions of this permit. Any permit noncompliance constitutes a violation of
the CWA and is grounds for enforcement action; for permit termination, revocation and reissuance, or
modification; or denial of a permit renewal application [40 CFR 122.41].
a. The Permittee shall comply with effluent standards or prohibitions established under section 307(a) of the
CWA for toxic pollutants and with standards for sewage sludge use or disposal established under section
405(d) of the CWA within the time provided in the regulations that establish these standards or prohibitions or
standards for sewage sludge use or disposal, even if the permit has not yet been modified to incorporate the
requirement.
b. The CWA provides that any person who violates section[s] 301, 302, 306, 307, 308, 318 or 405 of the Act, or
any permit condition or limitation implementing any such sections in a permit issued under section 402, or any
requirement imposed in a pretreatment program approved under sections 402(a)(3) or 402(b)(8) of the Act, is
subject to a civil penalty not to exceed $37,500 per day for each violation. [33 USC 1319(d) and 40 CFR
122.41(a)(2)]
c. The CWA provides that any person who negligently violates sections 301, 302, 306, 307, 308, 318, or 405 of
the Act, or any condition or limitation implementing any of such sections in a permit issued under section 402
of the Act, or any requirement imposed in a pretreatment program approved under section 402(a)(3) or
402(b)(8) of the Act, is subject to criminal penalties of $2,500 to $25,000 per day of violation, or
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imprisonment of not more than 1 year, or both. In the case of a second or subsequent conviction for a negligent
violation, a person shall be subject to criminal penalties of not more than $50,000 per day of violation, or by
imprisonment of not more than 2 years, or both. [33 USC 1319(c)(1) and 40 CFR 122.41(a)(2)]
d. Any person who knowingly violates such sections, or such conditions or limitations is subject to criminal
penalties of $5,000 to $50,000 per day of violation, or imprisonment for not more than 3 years, or both. In the
case of a second or subsequent conviction for a knowing violation, a person shall be subject to criminal
penalties of not more than $100,000 per day of violation, or imprisonment of not more than 6 years, or both.
[33 USC 1319(c)(2) and 40 CFR 122.41(a)(2)]
e. Any person who knowingly violates section 301, 302, 303, 306, 307, 308, 318 or 405 of the Act, or any permit
condition or limitation implementing any of such sections in a permit issued under section 402 of the Act, and
who knows at that time that he thereby places another person in imminent danger of death or serious bodily
injury, shall, upon conviction, be subject to a fine of not more than $250,000 or imprisonment of not more than
15 years, or both. In the case of a second or subsequent conviction for a knowing endangennent violation, a
person shall be subject to a fine of not more than $500,000 or by iinprisonrnent of not more than 30 years, or
both. An organization, as defined in section 309(c)(3)(B)(iii) of the CWA, shall, upon conviction of violating
the imminent danger provision, be subject to a fine of not more than $1,000,000 and can be fined up to
$2,000,000 for second or subsequent convictions. [40 CFR 122.41(a)(2)]
f. Under state law, a civil penalty of not more than $25,000 per violation may be assessed against any person
who violates or fails to act in accordance with the terms, conditions, or requirements of a permit. [North
Carolina General Statutes § 143-215.6A]
g. Any person may be assessed an administrative penalty by the Administrator for violating section 301, 302,
306, 307, 308, 318 or 405 of this Act, or any permit condition or limitation implementing any of such sections
in a permit issued under section 402 of this Act. Administrative penalties for Class I violations are not to
exceed $16,000 per violation, with the maximum amount of any Class I penalty assessed not to exceed
$37,500. Penalties for Class Il violations are not to exceed $16,000 per day for each day during which the
violation continues, with the maximum amount of any Class II penalty not to exceed $177,500. [33 USC
1319(g)(2) and 40 CFR 122.41(a)(3)]
2. Duly to Mitigate
The Permittee shall take all reasonable steps to minimize or prevent any discharge or sludge use or disposal in
violation of this permit with a reasonable likelihood of adversely affecting human health or the environment [40
CFR 122.41(d)].
3. Civil and Criminal Liability
Except as provided in permit conditions on 'Bypassing" (Part II.CA), "Upsets" (Part II.C.5) and 'Power Failures"
(Part II.C.7), nothing in this permit shall be construed to relieve the Permittee from any responsibilities, liabilities,
or penalties for noncompliance pursuant to NCGS 143-215.3, 143-215.6 or Section 309 of the Federal Act, 33 USC
1319. Furthermore, the Pennittee 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 Pennittee 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 Pennittee is responsible for
consequential damages, such as fish kills, even though the responsibility for effective compliance may be
temporarily suspended.
5. Property Rights
The issuance of this permit does not convey any property rights in either real or personal property, or any exclusive
privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor any
infringement of Federal, State or local laws or regulations [40 CFR 122.41(g)].
6. Onshore or Offshore Construction
This permit does not authorize or approve the construction of any onshore or offshore physical structures or
facilities or the undertaking of any work in any navigable waters.
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7. Severability
The provisions of this permit are severable. If any provision of this permit, or the application of any provision of
this permit to any circumstances, is held invalid, the application of such provision to other circumstances, and the
remainder of this permit, shall not be affected thereby [NCGS 15013-23].
8. Duty to Provide Information
The Permittee shall furnish to the Permit Issuing Authority, within a reasonable time, any information which the
Permit Issuing Authority may request to determine whether cause exists for modifying, revoking and reissuing, or
terminating this permit or to determine compliance with this permit. The Permittee shall also furnish to the Permit
Issuing Authority upon request, copies of records required by this permit [40 CFR 122.41(h)].
9. Duty to Reapply
If the Permittee wishes to continue an activity regulated by this permit after the expiration date of this permit, the
Permittee must apply for and obtain a new permit [40 CFR 122.41(b)].
10. Expiration of Permit
The Permittee is not authorized to discharge after the expiration date. In order to receive automatic authorization to
discharge beyond the expiration date, the Permittee shall submit such information, forms, and fees as are required
by the agency authorized to issue permits no later than 180 days prior to the expiration date unless permission for a
later date has been granted by the Director. (The Director shall not grant permission for applications to be
submitted later than the expiration date of the existing permit.) [40 CFR 122.21(d)] Any Permittee that has not
requested renewal at least 180 days prior to expiration, or any Permittee that does not have a permit after the
expiration and has not requested renewal at least 180 days prior to expiration, will subject the Permittee to
enforcement procedures as provided in NCGS 143-215.6 and 33 USC 1251 et. seq.
11. Si ng atoa Requirements
All applications, reports, or information submitted to the Permit Issuing Authority shall be signed and certified [40
CFR 122.41(k)].
a. All permit applications shall be signed as follows:
(1) For a corporation: by a responsible corporate officer. For the purpose of this Section, a responsible
corporate officer means: (a) a president, secretary, treasurer or vice president of the corporation in charge
of a principal business function, or any other person who performs similar policy or decision making
functions for the corporation, or (b) the manager of one or more manufacturing, production, or operating
facilities, provided, the manager is authorized to make management decisions which govern the operation
of the regulated facility including having the explicit or implicit duty of making major capital investment
recommendations, and initiating and directing other comprehensive measures to assure long term
environmental compliance with environmental laws and regulations; the manager can ensure that the
necessary systems are established or actions taken to gather complete and accurate information for permit
application requirements; and where authority to sign documents has been assigned or delegated to the
manager in accordance with corporate procedures .
(2) For a partnership or sole proprietorship: by a general partner or the proprietor, respectively; or
(3) For a municipality, State, Federal, or other public agency: by either a principal executive officer or
ranking elected official [40 CFR 122.22].
b. All reports required by the permit and other information requested by the Permit Issuing Authority shall be
signed by a person described in paragraph a. above or by a duly authorized representative of that person. A
person is a duly authorized representative only if-
(1) The authorization is made in writing by a person described above;
(2) The authorization specified either an individual or a position having responsibility for the overall operation
of the regulated facility or activity, such as the position of plant manager, operator of a well or well field,
superintendent, a position of equivalent responsibility, or an individual or position having overall
responsibility for environmental matters for the company. (A duly authorized representative may thus be
either a named individual or any individual occupying a named position.); and
(3) The written authorization is submitted to the Permit Issuing Authority [40 CFR 122.22]
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c. Changes to authorization: If an authorization under paragraph (b) of this section is no longer accurate because
a different individual or position has responsibility for the overall operation of the facility, a new authorization
satisfying the requirements of paragraph (b) of this section must be submitted to the Director prior to or
together with any reports, information, or applications to be signed by an authorized representative [40 CFR
122.22]
d. Certification. Any person signing a document under paragraphs a. or b. of this section shall make the following
certification [40 CFR 122.22]. NO OTHER STATEMENTS OF CERTIFICATION WILL BE ACCEPTED:
7 certify, under penalty of law, that this document and all attachments were prepared under my direction or
supervision in accordance with a system designed to assure that qualified personnel properly gather and
evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or
those persons directly responsible for gathering the information, the information submitted is, to the best of my
knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for
submitting false information, including the possibility 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).
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(3) within seven calendar days of vacancies in both ORC and Back-up ORC positions replacing or designating
at least one of the responsibilities.
The ORC of each Class I facility (or the Back-up ORC, when acting as surrogate for the ORC) must:
➢ Visit the facility as often as is necessary to insure proper operation of the treatment system; the treatment
facility must be visited at least weekly
➢ Comply with all other conditions of 15A NCAC 08G .0204.
The ORC of each Class 11, III and IV facility (or the Back-up ORC, when acting as surrogate for the ORC) must:
➢ Visit the facility as often as is necessary to insure proper operation of the treatment system; the treatment
facility must be visited at least five days per week, excluding holidays
➢ Properly manage and document daily operation and maintenance of the facility
➢ Comply with all other conditions of 15A NCAC 08G .0204.
2. Proper Operation and Maintenance
The Permittee shall at all times properly operate and maintain all facilities and systems of treatment and control
(and related appurtenances) which are installed or used by the Permittee to achieve compliance with the conditions
of this permit. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality
assurance procedures. This provision requires the Permittee to install and operate backup or auxiliary facilities only
when necessary to achieve compliance with the conditions of the permit [40 CFR 122.41(e)].
NOTE: Properly and officially designated operators are fully responsible for all proper operation and maintenance
of the facility, and all documentation required thereof, whether acting as a contract operator [subcontractor] or a
member of the Permittee's staff.
3. Need to Halt or Reduce not a Defense
It shall not be a defense for a Permittee in an enforcement action that it would have been necessary to halt or
reduce the permitted activity in order to maintain compliance with the condition of this permit [40 CFR 122.41(c)].
4. Bypassing of Treatment Facilities
a. Bypass not exceeding limitations [40 CFR 122.41(m)(2)]
The Permittee may allow any bypass to occur which does not cause effluent limitations to be exceeded, but
only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the
provisions of Paragraphs b. and c. of this section.
b. Notice [40 CFR 122.41(m)(3)]
(1) Anticipated bypass. If the Permittee knows in advance of the need for a bypass, it shall submit prior notice,
if possible at least ten days before the date of the bypass; including an evaluation of the anticipated quality
and effect of the bypass.
(2) Unanticipated bypass. The Permittee shall submit notice of an unanticipated bypass as required in Part
II.E.6. (24-hour notice).
c. Prohibition of Bypass
(1) Bypass from the treatment facility is prohibited and the Permit Issuing Authority may take enforcement
action against a Permittee for bypass, unless:
(A) Bypass was unavoidable to prevent loss of life, personal injury or severe property damage;
(B) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities,
retention of untreated wastes or maintenance during normal periods of equipment downtime. This
condition is not satisfied if adequate backup equipment should have been installed in the exercise of
reasonable engineering judgment to prevent a bypass which occurred during normal periods of
equipment downtime or preventive maintenance; and
(C) The Permittee submitted notices as required under Paragraph b. of this section.
(2) Bypass from the collection system is prohibited and the Permit Issuing Authority may take enforcement
action against a Permittee for a bypass as provided in any current or future system -wide collection system
permit associated with the treatment facility.
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(3) The Permit Issuing Authority may approve an anticipated bypass, after considering its adverse effects, if
the Permit Issuing Authority determines that it will meet the three conditions listed above in Paragraph c.
(1) of this section.
5: Upsets
a. Effect of an upset [40 CFR 122.41(n)(2)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.
6. Removed Substances
Solids, sludges, filter backwash, or other pollutants removed in the course of treatment or control of wastewaters
shall be utilized/disposed of in accordance with NCGS 143-215.1 and in a manner such as to prevent any pollutant
from such materials from entering waters of the State or navigable waters of the United States except as permitted
by the Commission. The Permittee shall comply with all applicable state and Federal regulations governing the
disposal of sewage sludge, including 40 CFR 503, Standards for the Use and Disposal of Sewage Sludge; 40 CFR
Part 258, Criteria For Municipal Solid Waste Landfills; and 15A NCAC Subchapter 2T, Waste Not Discharged To
Surface Waters. The Permittee shall notify the Permit Issuing Authority of any significant change in its sludge use
or disposal practices.
7. Power Failures
The Permittee is responsible for maintaining adequate safeguards (as required by 15A NCAC 02H .0124) to
prevent the discharge of untreated or inadequately treated wastes during electrical power failures either by means
of alternate power sources, standby generators or retention of inadequately treated effluent.
Section D. Monitoring and Records
Representative Sampling
Samples collected and measurements taken, as required herein, shall be representative of the permitted discharge.
Samples collected at a frequency less than daily shall be taken on a day and time that is representative of the
discharge for the period the sample represents. All samples shall be taken at the monitoring points specified in this
permit and, unless otherwise specified, before the effluent joins or is diluted by any other wastestream, body of
water, or substance. Monitoring points shall not be changed without notification to and the approval of the Permit
Issuing Authority [40 CFR 122.410)].
2. Reporting
Monitoring results obtained during the previous month(s) shall be summarized for each month and reported on a
monthly Discharge Monitoring Report (DMR) Form (MR 1, 1. 1, 2, 3) or alternative forms approved by the
Director, postmarked no later than the last calendar day of the month following the completed reporting period.
The first DMR is due on the last day of the month following the issuance of the permit or in the case of a new
facility, on the last day of the month following the commencement of discharge. Duplicate signed copies of these,
and all other reports required herein, shall be submitted to the following address:
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NC DENR / Division of Water Resources / Water Quality Permitting Section
ATTENTION: Central Files
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
3. Flow Measurements
Appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected
and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges. The
devices shall be installed, calibrated and maintained to ensure that the accuracy of the measurements is consistent
with the accepted capability of that type of device. Devices selected shall be capable of measuring flows with a
maximum deviation of less than 10% from the true discharge rates throughout the range of expected discharge
volumes. Flow measurement devices shall be accurately calibrated at a minimum of once per year and maintained
to ensure that the accuracy of the measurements is consistent with the accepted capability of that type of device.
The Director shall approve the flow measurement device and monitoring location prior to installation.
Once -through condenser cooling water flow monitored by pump logs, or pump hour meters as specified in Part I of
this permit and based on the manufacturer's pump curves shall not be subject to this requirement.
4. Test Procedures
Laboratories used for sample analysis must be certified by the Division. Permittees should contact the Division's
Laboratory Certification Section (919 733-3908 or http://portal.nedenr.org/web/wq/lab/cert) for information
regarding laboratory certifications.
Facilities whose personnel are conducting testing of field -certified parameters only must hold the appropriate field
parameter laboratory certifications.
Test procedures for the analysis of pollutants shall, conform to the EMC regulations (published pursuant to NCGS
143-215.63 et. seq.), the Water and Air Quality Reporting Acts, and to regulations published pursuant to Section
304(g), 33 USC 1314, of the CWA (as amended), and 40 CFR 136; or in the case of sludge use or disposal,
approved under 40 CFR 136, unless otherwise specified in 40 CFR 503, unless other test procedures have been
specified in this permit [40 CFR 122.411.
To meet the intent of the monitoring required by this permit, all test procedures must produce minimum detection
and reporting levels that are below the permit discharge requirements and all data generated must be reported down
to the minimum detection or lower reporting level of the procedure. If no approved methods are determined
capable of achieving minimum detection and reporting levels below permit discharge requirements, then the most
sensitive (method with the lowest possible detection and reporting level) approved method must be used.
Penalties for Tampering
The CWA provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any monitoring
device or method required to be maintained under this permit shall, upon conviction, be punished by a fine of not
more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. If a
conviction of a person is for a violation committed after a first conviction of such person under this paragraph,
punishment is a fine of not more than $20,000 per day of violation, or by imprisonment of not more than 4 years,
or both [40 CFR 122.41].
6. Records Retention
Except for records of monitoring information required by this permit related to the Permittee's sewage sludge use
and disposal activities, which shall be retained for a period of at least five years (or longer as required by 40 CFR
503), the Permittee shall retain records of all monitoring information, including:
➢ all calibration and maintenance records
➢ all original strip chart recordings for continuous monitoring instrumentation
➢ copies of all reports required by this permit
➢ copies of all data used to complete the application for this permit
These records or copies shall be maintained for a period of at least 3 years from the date of the sample,
measurement, report or application. This period may be extended by request of the Director at any time [40 CFR
122.41].
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7. Recording Results
For each measurement or sample taken pursuant to the requirements of this permit, the Permittee shall record the
following information [40 CFR 122.41]:
a. The date, exact place, and time of sampling or measurements;
b. The individual(s) who performed the sampling or measurements;
c. The date(s) analyses were perfonned;
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 tunes, 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 Pennittee'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(t)(2)].
4. Transfers
This permit is not transferable to any person without prior written notice to and approval from the Director in
accordance with 40 CFR 122.61. The Director may condition approval in accordance with NCGS 143-215.1, in
particular NCGS 143-215.1(b)(4)b.2., and may require modification or revocation and reissuance of the permit, or
a minor modification, to identify the new permittee and incorporate such other requirements as may be necessary
under the CWA [40 CFR 122.41(1)(3), 122.61] or state statute.
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5. Monitoring Reports
Monitoring results shall be reported at the intervals specified elsewhere in this 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 [phone], [phone] or [phone].
7. Other Noncompliance
The Permittee shall report all instances of noncompliance not reported under Part H.E.5 and 6. of this permit at the
time monitoring reports are submitted. The reports shall contain the information listed in Part II.E.6. of this permit
[40 CFR 122.41(1)(7)].
8. Other Information
Where the Permittee becomes aware that it failed to submit any relevant facts in a permit application, or submitted
incorrect information in a permit application or in any report to the Director, it shall promptly submit such facts or
information [40 CFR 122.41(1)(8)].
9. Noncompliance Notification
The Permittee shall report by telephone to either the central office or the appropriate regional office of the Division
as soon as possible, but in no case more than 24 hours or on the next working day following the occurrence or first
knowledge of the occurrence of any of the following:
a. Any occurrence at the water pollution control facility which results in the discharge of significant amounts of
wastes which are abnormal in quantity or characteristic, such as the dumping of the contents of a sludge
digester; the known passage of a slug of hazardous substance through the facility; or any other unusual
circumstances.
b. Any process unit failure, due to known or unknown reasons, that render the facility incapable of adequate
wastewater treatment such as mechanical or electrical failures of pumps, aerators, compressors, etc.
c. Any failure of a pumping station, sewer line, or treatment facility resulting in a by-pass without treatment of all
or any portion of the influent to such station or facility.
Persons reporting such occurrences by telephone shall also file a written report within 5 days following first
knowledge of the occurrence. Also see reporting requirements for municipalities in Part IV.C.2.c. of this permit.
10. Availabilityof f Reports
Except for data determined to be confidential under NCGS 143-215.3 (a)(2) or Section 308 of the Federal Act, 33
USC 1318, all reports prepared in accordance with the terms shall be available for public inspection at the offices
of the Division. As required by the Act, effluent data shall not be considered confidential. Knowingly making any
false statement on any such report may result in the imposition of criminal penalties as provided for in NCGS 143-
215. 1 (b)(2) or in Section 309 of the Federal Act.
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11. Penalties for Falsification of Reports
The CWA provides that any person who knowingly makes any false statement, representation, or certification in
any record or other document submitted or required to be maintained under this permit, including monitoring
reports or reports of compliance or noncompliance shall, upon conviction, be punished by a fine of not more than
$25,000 per violation, or by imprisonment for not more than two years per violation, or by both [40 CFR 122.41].
12. Annual Performance Reports
Permittees who own or operate facilities that primarily collect or treat municipal or domestic wastewater and have
an average annual flow greater than 200,000 gallons per day shall provide an annual report to the Permit Issuing
Authority and to the users/customers served by the Permittee (NCGS 143-215.1C). The report shall summarize the
performance of the collection or treatment system, as well as the extent to which the facility was compliant with
applicable Federal or State laws, regulations and rules pertaining to water quality. The report shall be provided no
later than sixty days after the end of the calendar or fiscal year, depending upon which annual period is used for
evaluation.
The report shall be sent to:
NC DENR / Division of Water Resources / Water Quality Perinitting Section
ATTENTION: Central Files
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
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PART III
OTHER REQUIREMENTS
Section A. Construction
a. The Permittee shall not commence construction of wastewater treatment facilities, nor add to the plant's treatment
capacity, nor change the treatment process(es) utilized at the treatment plant unless (1) the Division has issued an
Authorization to Construct (AtC) permit or (2) the Permittee is exempted from such AtC permit requirements
under Item b. of this Section.
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.
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PART IV
SPECIAL CONDITIONS FOR MUNICIPAL FACILITIES
Section A. Definitions
In addition to the definitions in Part II of this permit, the following definitions apply to municipal facilities:
Indirect Discharge or Industrial User
Any non -domestic source that discharges wastewater containing pollutants into a POTW regulated under section
307(b), (c) or (d) of the CWA. [40 CFR 403.3 (i) and 0) and 15A NCAC 02H .0903(b)(11)]
Interference
Inhibition or disruption of the POTW treatment processes; operations; or its sludge process, use, or disposal which
causes or contributes to a violation of any requirement of the Permittee's (or any satellite POTW's if different from the
Permittee) NPDES, collection system, or non -discharge permit or prevents sewage sludge use or disposal in
compliance with specified applicable State and Federal statutes, regulations, or permits. [15A NCAC 02H
.0903(b)(14)]
Pass Through
A discharge which exits the POTW into waters of the State in quantities or concentrations which, alone or with
discharges from other sources, causes a violation, including an increase in the magnitude or duration of a violation, of
the Permittee's (or any satellite POTW's, if different from the Permittee) NPDES, collection system, or non -discharge
permit. [15A NCAC 02H .0903(b)(23)]
Publicly Owned Treatment Works (POTW)
A treatment works as defined by Section 212 of the CWA, which is owned by a State or local government organization.
This defmition includes any devices and systems used in the storage, treatment, recycling and reclamation of municipal
sewage or industrial wastes of a liquid nature. It also includes the collection system, as defined in 15A NCAC 2T
.0402, only if it conveys wastewater to a POTW treatment plant. The term also means the local government
organization, or municipality, as defined in section 502(4) of the CWA, which has jurisdiction over indirect discharges
to and the discharges from such a treatment works. In this context, the organization may be the owner of the POTW
treatment plant or the owner of the collection system into which an indirect discharger discharges. This second type of
POTW maybe referred to as a "satellite POTW organization." [15A NCAC 02H .0903(b)(26)]
"Significant Industrial User" or "SIU"
An Industrial User that discharges wastewater into a publicly owned treatment works and that [15A NCAC 02H
.0903(b)(33)]:
1. Discharges an average of 25,000 gallons per day or more of process wastewater to the POTW (excluding sanitary,
noncontact cooling and boiler blowdown wastewaters); or
2. Contributes process wastewater which makes up five percent or more of the NPDES or non -discharge permitted
flow limit or organic capacity of the POTW treatment plant. In this context, organic capacity refers to BOD, TSS
and ammonia; or
3. Is subject to categorical standards under 40 CFR Part 403.6 and 40 CFR Parts 405-471; or
4. Is designated as such by the Permittee on the basis that the Industrial User has a reasonable potential for adversely
affecting the POTW's operation or for violating any pretreatment standard or requirement, or the POTW's effluent
limitations and conditions in its NPDES or non -discharge permit, or to limit the POTW's sludge disposal options;
5. Subject to approval under 15A NCAC 02H .0907(b), the Permittee may determine that an Industrial User meeting
the criteria in paragraphs 1 or 2 of this definition above has no reasonable potential for adversely affecting the
POTW's operation or for violating any pretreatment standard or requirement, the POTW's effluent limitations and
conditions in its NPDES or non -discharge permit, or to limit the POTW's sludge disposal options, and thus is not a
Significant Industrial User (SIU); or
6. Subject to approval under 15A NCAC 02H .0907(b), the Permittee may determine that an Industrial User meeting
the criteria in paragraph 3 of this defmition above meets the requirements of 40 CFR Part 403.3(v)(2) and thus is a
non -significant categorical Industrial User.
Section B. Publicly Owned Treatment Works (POTWs)
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Ws must provide adequate notice to the Director of the following [40 CFR 122.42(b)]:
1. Any new introduction of pollutants into the POTW from an indirect discharger, regardless of the means of
transport, which would be subject to section 301 or 306 of CWA if it were directly discharging those pollutants;
and
2. Any substantial change in the volume or character of pollutants being introduced by an indirect discharger as
influent to that POTW at the time of issuance of the permit.
3. For purposes of this paragraph, adequate notice shall include information on (1) the quality and quantity of effluent
introduced into the POTW, and (2) any anticipated impact that may result from the change of the quantity or
quality of effluent to be discharged from the POTW.
Section C. Municipal Control of Pollutants from Industrial Users.
1. Effluent limitations are listed in Part I of this permit. Other pollutants attributable to inputs from Industrial Users
discharging to the POTW may be present in the Permittee's discharge. At such time as sufficient information
becomes available to establish limitations for such pollutants, this permit may be revised to specify effluent
limitations for any or all of such other pollutants in accordance with best practicable technology or water quality
standards.
2. Prohibited Discharges
a. The Permittee shall develop and enforce their Pretreatment Program to implement the prohibition against the
introduction of pollutants or discharges into the waste treatment system or waste collection system which
cause or contribute to Pass Through or Interference as defined in 15A NCAC 02H .0900 and 40 CFR 403. [40
CFR 403.5(a)(1)]
b. The Permittee shall develop and enforce their Pretreatment Program to implement the prohibitions against the
introduction of the following wastes in the waste treatment or waste collection system [40 CFR 403.5(b)]:
(1) Pollutants which create a fire or explosion hazard in the POTW, including, but not limited to,
wastestreams with a closed cup flashpoint of less than 140 degrees Fahrenheit or 60 degrees Centigrade
using the test methods specified in 40 CFR 261.21;
(2) Pollutants which cause corrosive structural damage to the POTW, but in no case discharges with pH lower
than 5.0, unless the works is specifically designed to accommodate such discharges;
(3) Solid or viscous pollutants in amounts which cause obstruction to the flow in the POTW resulting in
Interference;
(4) Any pollutant, including oxygen demanding pollutants (BOD, etc.) released in a Discharge at a flow rate
and/or pollutant concentration which will cause Interference with the POTW;
(5) Heat in amounts which will inhibit biological activity in the POTW resulting in Interference, but in no
case heat in such quantities that the temperature at the POTW Treatment Plant exceeds 40°C (104°F)
unless the Division, upon request of the POTW, approves alternate temperature limits;
(6) Petroleum oil, non -biodegradable cutting oil, or products of mineral oil origin in amounts that will cause
Interference or Pass Through;
(7) Pollutants which result in the presence of toxic gases, vapors, or fumes within the POTW in a quantity that
may cause acute worker health and safety problems; or
(8) Any trucked or hauled pollutants, except at discharge points designated by the POTW.
c. The Permittee shall investigate the source of all discharges into the POTW, including slug loads and other
unusual discharges, which have the potential to adversely impact the Permittee's Pretreatment Program and/or
the operation of the POTW.
The Permittee shall report such discharges into the POTW to the Director or the appropriate Regional Office.
Any information shall be provided orally within 24 hours from the time the Permittee became aware of the
circumstances. A written submission shall also be provided within 5 days of the time the Permittee becomes
aware of the circumstances. The written submission shall contain a description of the discharge; the
investigation into possible sources; the period of the discharge, including exact dates and times; if the
discharge has not ceased, the anticipated time it is expected to continue; and steps taken or planned to reduce,
eliminate, and prevent reoccurrence of the noncompliance,
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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.
The Permittee shall require any Industrial User (lU) 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 Perinittee shall either develop and submit to the Division a new
Pretreatment Program or, as necessary, a modification of an existing Pretreatment Program, for approval as
required under section D below as well as 15A NCAC 02H .0907(a) and (b). [40 CFR 122.440)(2)]
This permit shall be modified, or alternatively, revoked and reissued, to incorporate or modify an approved POTW
Pretreatment Program or to include a compliance schedule for the development of a POTW Pretreatment Program
as required under Section 402 (b)(8) of the CWA and implementing regulations or by the requirements of the
approved State pretreatment program, as appropriate.
Section D. Pretreatment Programs
Under authority of sections 307 (b) and (c) and 402(b)(8) of the CWA and implementing regulations 40 CFR 403,
North Carolina General Statute 143-215.3(14) and implementing regulations 15A NCAC 02H .0900, and in accordance
with the approved pretreatment program, all provisions and regulations contained and referenced in the pretreatment
program submittal are an enforceable part of this permit. [40 CFR 122.440)(2)]
The Permittee shall operate its approved pretreatment program in accordance with Section 402(b)(8) of the CWA, 40
CFR 403, 15A NCAC 02H .0900, and the legal authorities, policies, procedures, and financial provisions contained in
its pretreatment program submission and Division approved modifications thereof. Such operation shall include but is
not limited to the implementation of the following conditions and requirements. Terms not defined in Part II or Part IV
of this permit are as defined in 15A NCAC 02H .0903 and 40 CFR 403.3.
1. Sewer Use Ordinance (SUO)
The Permittee shall maintain adequate legal authority to implement its approved pretreatment program. [15A
NCAC 02H .0903(b)(32), .0905 and .0906(b)(1); 40 CFR 403.8(f)(1) and 403.9(b)(1) and (2)]
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 Pennittee 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
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enforceable Pretreatment Standard's as defined by 40 CFR 403.3(1). [15A NCAC 02H .0903(b)(10), .0905, and
.0906(b)(4)]
5. Industrial User Pretreatment Permits (IUP) & Allocation Tables
In accordance with NCGS 143-215.1, the Permittee shall issue to all Significant Industrial Users, permits for
operation of pretreatment equipment and discharge to the Permittee's collection system or treatment works. These
permits shall contain limitations, sampling protocols, reporting requirements, appropriate standard and special
conditions, and compliance schedules as necessary for the installation of treatment and control technologies to
assure that their wastewater discharge will meet all applicable pretreatment standards and requirements. The
Permittee shall maintain a current Allocation Table (AT) which summarizes the results of the HWA and the limits
from all IUDs. Permitted IUP loadings for each parameter cannot exceed the treatment capacity of the POTW as
determined by the. HWA. [15A NCAC 02H .0906(b)(6), .0909, .0916, and .0917 40 CFR 403.5, 403.8(f)(1)(iii);
NCGS 143-215.67(a)]
6. Authorization to Construct (AtC)
The Permittee shall ensure that an Authorization to Construct permit (AtC) is issued to all applicable Industrial
Users for the construction or modification of any pretreatment. facility. Prior to the issuance of an AtC,, the
proposed pretreatment facility and treatment process must be evaluated for its capacity to comply with all
Industrial User Pretreatment Permit (IUP) limitations. [15A NCAC 02H .0906(b)(7) and .0905,; NCGS 143-
215.1(4)(8)]
T. 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 4018(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 (S1Us) at least once per calendar year for all SIU permit -limited
parameters including flow except as allowed under 15A NCAC .0908(e); and
c. At least once per year, document an evaluation of any non -significant categorical Industrial User for
compliance with the requirements in 40 CFR 403.3(v)(2), and either continue or revoke the designation as non-
significant.
8. IU Self Monitoringand Reportina
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 1;5A
NCAC 02H .0908.. [15A NCAC 02H .0906(b)(5) and .0905; 40 CFR 403.8(f)(1)(v) and (2)(iii); 40 CFR
122.440)(2) and 40 CFR 403.121
9. Enforcement Response Plan (ERP)
The Permittee shall enforce and obtain appropriate remedies for violations of all pretreatment standards
promulgated pursuant to section'307(b) and (e) of the CWA (40 CFR 405 et. seq.), prohibitive, discharge standards
asset forth in 40 CFR 403.5 and 15A NCAC02H .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 1'110912011.1

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 Permttee'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)(3.4), .0908(b)(5) and .0905 and 40 CFR
403.8(f)(2)(yiii)]
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. (I5A NCAC 02H
.0906(b)(9) and (10) and .0905; 40 CFR 403.8(f)(3), 403.9(b)(3)]
14. Modification to Pretreatment Progams
ams
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

ROY COOPER
Governor
MICHAEL S. REGAN
Secretaiv
S. JAY ZIMMERMAN
Director
April 28, 2017
Charles Burkett
Valley View of Asheville
1332 Biscaya Dr.
Surfside, FL 33154
SUBJECT: Compliance Evaluation Inspection
Valley View Shopping Center
Permit No: NCO039187
Buncombe County
Dear Mr. Burkett:
Enclosed please find a copy of the Compliance Evaluation Inspection form from the inspection conducted' on
April 7, 2017. Present for the inspection were Dan Boss with the Division of Water Resources and Joe David
Hall, the facility Operator. The facility appeared to be in compliance with permit NC0039187.
Please refer to the enclosed inspection report for the inspection observations and comments. 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: Joe David Hall, ORC (e-copy)
MSC 1617-Central Files -Basement
4111'PJesm
G:\WR\WQ\Buncombe\Wastewater\Minors\Valley View Shopping Center 39187\Apri12017 Inspect\CEI.Apri12017.Ltr.docx
'7�31`$Exl tiiit`y=
State of North Carolina Environmental Quality I Water Resources
2090 U.S. Highway 70 Swannanoa, NC 28778
828 296 4500

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 FAcType
1 IN I 2 15 I 3 I NCO039187 " I11 12 17/04/07 17 18 [S j 19 G 20► ]
211 I I I I I I I I I IL 11 1 I I 1 1 1 I I I I I I I I I I I I I I -I II I I I I 1 r6
Inspection Work Days Facility Self -Monitoring Evaluation Rating B1 QA-----------Reserved-------
67 70 � I 71 I j 72 L ,, � 73 I 1I 174 75I III I" I I I80
LJ LJ I
Section B: Facility Data
Name and Location of Facility Inspected (For Industrial Users discharging to POTW, also include
Entry Time/Date
Permit Effective Date
POTW name and NPDES permit Number)
12:00 PN1 17/04/07
16/02/01
Valley View Shopping Center
Vly View Shopping Cent
Exit Time/Date
Permit Expiration Date
Candler NC 28715
01:00PM 17/04/07
20/10/31
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
Charles W Burkett,1332 Biscaya Dr Surfside FL 33154//305-534-0102/3056732075
Yes
Section C: Areas Evaluated During Inspection (Check only those areas evaluated)
Permit Flow Measurement Operations & Maintenance Records/Reports
Self -Monitoring Program Facility Site Review Effluent/Receiving Waters
Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary)_
(See attachment summary)
Name(s) and Signature(s) offIInspector(s) Agency/Office/Phone and Fax Numbers Date
Linda S Wiggs t / " ARO WQ//828-296-4500 Ext.4653/
Daniel J Boss ARO WQ//828-296-4658/
Signature of Management Q A Reviewer. Agency/Office/Phone and Fax Numbers Date
EPA Form 3560-3 (Rev 9-94) Previous editions are obsolete.
Page#

NPDES yr/mo/day Inspection Type (Cont.) 1
31 NCO039187 I11 12 17/04/01 17 18 ICI
.Section D: Summary of Finding/Comments (Attach additionalsheetsof narrative and checklists as necessary)
Present during the inspection were Dan Boss with DWR and Joe David Hall, ORC.
This WWTP serves a small strip mall. The strip mall has several vacancies; the WWTP receives very
little flow. Some of the measurements obtained during the inspection, i.e. the low solids and high
Dissolved Oxygen (DO) could be indicators of this. However, the ORC stated the facility is operating
adequately.
There is a septic tank prior to the WWTP. Sludge judge measurements, on the septic tank indicate it is
possibly a shallow tank, although it is also possible it has caked solids on the bottom since it is
unknown when it has been pumped. The sludge judge measurement for the septic tank was: —3' deep,
—1' of solids.
The aeration basin DO reading obtained by the Inspector was 10.4 mg/I. A settleability test obtained by
the Inspector read 30 ml/l 000 ml after 30 minutes.
A sludge judge measurement from the clarifier was —6' deep with 10" of solids.
A sludge judge measurement from the chlorine contact chamber was —3' deep with 5" of solids.
Total Residual Chlorine (TRC) readings were not obtained, however, visual scans performed by the
ORC could indicate TRC levels at the effluent may require less de -chlorination chemicals. For a
couple of weeks, the ORC will do 2/week TRC readings for process control at the trough after the
tablet chlorinator and at the chlorine contact chamber in concert with the effluent measurements to
evaluate levels.
In concert with effluent sampling the ORC will obtain flow measurements at the effluent pipe, i.e.
container/stop watch estimation.
Effluent readings obtained by the Inspectors were: pH 7.32 su, Temperature 10.9 C.
Page#

Permit: NCO039187 Owner - Facility: Valley View Shopping Center
Inspection Date: 04/07/2017Inspection Type: :Compliance Evaluation ..,
Operations & Maintenance Yes -No NA NE
Is the plant generally clean with acceptable housekeeping? ❑ El ❑
Does the facility analyze process control parameters, for ex: MLSS, MCRT, Settleable ❑ M ❑ ❑
Solids, pH, DO, Sludge Judge, and other that are applicable?
Comment: • See summary for the Inspector's process control analysis.
Permit
Yes No NA NE
(If the present permit expires in 6 months or less). Has the permittee submitted a new
❑
❑
0
❑
application?
Is the facility as described in the permit?
❑
❑
❑
# Are there any special conditions for the permit?
❑
.0
❑
❑
Is access to the plant site restricted to the general public?
0
❑
❑
❑
Is the inspector granted access to all areas for inspection?
0
❑
❑
❑
Comment: There is no bar screen. A skimmer was not observed.
There is a septic tank prior to the WWTP.
Record Keeping
Yes No NA NE
Are records kept and maintained as required by the permit?
❑
❑
❑
Is all required information readily available, complete and current?
❑
❑
❑
Are all records maintained for 3 years (lab. reg. required 5 years)?
❑
❑
Are analytical results consistent with data reported on DMRs?
❑
❑
❑
Is the chain -of -custody complete?
❑
. ❑
❑
Dates, times and location of sampling!.
❑
Name of individual performing the sampling
El
Results of analysis, and calibration
❑
Dates of analysis
❑
Name of person performing analyses
❑
Transported COCs
❑
Are DMRs complete: do they include all permit parameters?
M
❑
❑
❑
Has the facility submitted its annual compliance report to users and DWQ?
❑
❑
0
❑
(If the facility is = or > 5 MGD permitted flow) Do they operate 24/7 with a certified operator
❑
❑
❑
on each shift?
Is the ORC visitation log available and current?
M
❑
❑
❑
Is the ORC certified at grade equal to or higher than the facility classification?
0
❑
❑
❑
Is the backup operator certified at one grade less or greater than the facility classification?
0
❑
❑
❑
Is a copy of the current NPDES permit available on site?
'N
❑
❑
❑
Page#
3

Permit: NCO039187 Owner - Facility:
Valley View Shopping Center
Inspection Date: 04/07/2017 Inspection Type:
Compliance Evaluation .
Record Keeping
Yes No NA NE
Facility has copy of previous year's Annual Report on file for review?
❑
❑
E
❑
Comment:
Septic Tank
Yes No NA NE
(If pumps are used) Is an audible and visual alarm operational?
❑
❑
0
❑
Is septic tank pumped on a schedule?
❑
E
❑
❑
Are pumps or syphons operating properly?
❑
❑
0
❑
Are high and low water alarms operating properly?
❑
❑
N
❑
Comment: It is unknown when the septic tanks were pumped out.
Aeration Basins
Yes No NA NE
Mode of operation
Ext. Air
Type of aeration system
Diffused
Is the basin free of dead spots?
0
❑
❑
❑
Are surface aerators and mixers operational?
❑
❑
0
❑
Are the diffusers operational?
E
❑
❑
❑
Is the foam the proper color for the treatment process?
❑
❑
0
❑
Does the foam cover less than 25% of the basin's surface?
E
❑
❑
❑
Is the DO level acceptable?
0
❑
❑
❑
Is the DO level acceptable?(1.0 to 3.0 mg/1)
❑
0
❑
❑
Comment: No foam was present.
The DO reading obtained by the Inspectors was 10.4 mg/I.
See summarv.
Secondary Clarifier
Yes No NA NE
Is the clarifier free of black and odorous wastewater?
0
❑
❑
❑
Is the site free of excessive buildup of solids in center well of circular clarifier?
❑
❑
0
❑
Are weirs level?
❑
❑
0
❑
Is the site free of weir blockage?
❑
❑
E
❑
Is the site free of evidence of short-circuiting?
❑
❑
❑
Is scum removal adequate?
❑
❑
0
❑
Is the site free of excessive floating sludge?
0
❑
❑
❑
Is the drive unit operational?
❑
❑
0❑
Is the return rate acceptable (low turbulence)?
❑
❑
❑
Page# 4

Permit: NCO039187 Owner - Facility: Valley View Shopping Center
Inspection Date: 04/07/2017 Inspection Type: Compliance Evaluation
Secondary Clarifier Yes No NA NE
Is the overflow clear of excessive solids/pin floc? H ❑ ❑ ❑
Is the sludge blanket level acceptable? (Approximately %< of the sidewall depth) W ❑ ❑ ❑
Comment:
Disinfection -Tablet
Are tablet chlorinators operational?
Are the tablets the proper size and type?
Number of tubes in use?
Is the level of chlorine residual acceptable?
Is the contact chamber free of growth, or sludge buildup?
Is there chlorine residual prior to de -chlorination?
Comment:. See summary.
De -chlorination
Type of system ?
Is the feed ratio proportional to chlorine amount (1 to 1)?
Is storage appropriate for cylinders?
# Is de -chlorination substance stored away from chlorine containers?
Comment:
Are the tablets the proper size and type?
Are tablet de -chlorinators operational?
Number of tubes in use?
Comment:
Effluent Pipe
Is right of way to the outfall properly maintained?
Are the receiving water free of foam other than trace amounts and other debris?
If effluent (diffuser pipes are required) are they operating properly?
Comment: Effluent- PH 7.32 su, Temperature 10.9 C
Yes No NA NE
■
❑
❑
❑
■
❑
❑
❑
1
❑
❑
❑
■
❑
❑
❑
❑
❑
❑
■
Yes No NA NE
Tablet
❑ ❑ ■ ❑
❑ ❑ ■ ❑
❑ ❑ ■ ❑
❑
❑
❑
❑
❑
❑
1
Yes No NA NE
■
❑
❑
❑
■
❑
❑
❑
❑
❑
■
❑
Page# 5

United State& Environmental Protection Agency
Form Approved.
EPA Washington, D.C. 20460
OMB No. 2040-0057
Water Compliance Inspection Report
Approval expires8-31-98
Section A: National Data System Coding (i.e., PCS)
Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type
1 IN 2.15 1 3 I NCO039187 I1'1 12 17/04/07 17 18 LCJ 19 G j 201 I
211 I I I I I I I I I I I I I I I I 1 I I I I I 1 f I 'I I I 1 1 1 1 11 J 1 1 1 1 f6
Inspection Work Days Facility Self -Monitoring Evaluation Rating B1 QA ------------Reserved -------------
671 70 LJ I I 71 I I 72 �- �, � 73 I I 174 751 I I I I I I I80
LJ
Section B: Facility Data
Name and Location of Facility Inspected (For Industrial Users discharging to POTW, also include
Entry Time/Date _
Permit Effective Date
POTW name and NPDES permit Number)
12:OOPM 17/04/07
16/02/01
Valley View Shopping Center
Vly View Shopping Cent
Exit Time/Date
permit Expiration Date
Candler NC 28715 `
01:00PM 17/04/07
20/10/31
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
Charles W Burkett,1332 Biscaya Dr Surfside FL 33154//305-534-0102/3056732075
No
Section C: Areas Evaluated During Inspection (Check only those areas evaluated)
Permit Flow Measurement Operations & Maintenance Records/Reports
Self -Monitoring Program Facility Site Review -Effluent/Receiving Waters
Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary)
(See attachment summary)
Name(s) and Signature(s) of Inspector(s) Agency/Office/Phone and Fax Numbers Date
1
Linda S Wiggs ARO WQH828-296-4500 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#

pppppp,
Cantwell, Janet
From:
Charles Burkett <[e-mail]> .
Sent:
Thursday, March 24, 2016 10:29 AM
To:
Wiggs, Linda
Cc:
Cantwell, Janet
Subject:
RE: Valley View Shopping Center J Mr. Mark Teague
Attachments:
Valley View results for Feb. 2016.pdf
Hello Linda,
I just received this report for the Valley View from James and James. I wanted to make sure you had a copy of same
,_hope all is well with you.
Thank you.
Charles
Charles W. Burkett, IV
President, The Burkett Companies
305-517-1175 Direct
305-534-0102 Management Office
305-673-2075 Fax
Rental Payments / Tenant Correspondence:
9429 Harding Avenue, Suite 2
Surfside, FL 33154
www.burkettcompanies.com
www.rentmiamibeach.coni
"The inherent vice of capitalism is the unequal sharing of the blessings. The inherent blessing {hidden reality} of
socialism is the equal sharing of misery." Winston Churchill
From: Wiggs, Linda [mailto:[e-mail]]
Sent: Friday, March 18, 2016 8:57 PM
To: Charles Burkett <[e-mail]>
Subject: RE: Valley View Shopping Center / Mr. Mark rTeague
-Glad to hear that. Have a nice weekend.
Environmental Senior Specialist — Asheville Regional Office
Water Quality Regional Operations Section
NCDEQ — Division of Water Resources
828 296 4500 office
828 299 7043 fax

Email: Iinda.wiggsCc�-ncdenr.gov
2090 U.S. Hwy. 70
Swannanoa, N.C. 28778
othing ,
res
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
From: Charles Burkett [mailto:[e-mail]]
Sent: Friday, March 18, 2016 2:46 PM
To: Wiggs, Linda <[e-mail]>
Cc: [e-mail]; Cantwell, Janet <[e-mail]>
Subject: RE: Valley View Shopping Center / Mr. Mark Teague
Hello Linda,
I wanted to let you know that we have engaged Mark Teague and his company to undertake the operations at the Valley
View Center.
He and I spoke today and Mark confirmed that his staff had been out to the property this week and.taken the necessary
steps to address all issues related to same.
I want to personally thank you for your professionalism, help and consideration with respect to this matter. It has.made
a difficult transition infinitely more manageable.
If there is anything that you may need from me, please do not hesitate to ask.
Sincerely,
Charles
Charles W. Burkett, IV
President, The Burkett Companies
305-517-1175 Direct
305-534-0102 Management Office
305-673-2075 Fax
Rental Payments / Tenant Correspondence:
9429 Harding Avenue, Suite 2
Surfside, FL 33154
www.burkettcompanies.com
www.rentmiamibeach.com
"The inherent vice of capitalism is the unequal sharing of the blessings. The inherent blessing {hidden reality} of
socialism is the equal sharing of misery." Winston Churchill
2

7:2
From: Wiggs, Linda [mailto:[e-mail]]
Sent: Monday, March 14, 2016 10:56 PM
To: Charles Burkett <[e-mail]>
Cc: Cantwell, Janet <[e-mail]>
Subject: RE: Valley View Shopping Center
Ok.
Just remember you need to get an operator immediately, it has already been a week
Without one, which means you have no sampling data for last week. And you have the
potential to be fined if we do not get the DMRs with the sampling data. Is Juanita
holding your February DMR? I have cc'd Janet Cantwell here, she is my coworker that
handles the DMR data and violations. If you have questions call her because I am out of
the office for the next several days.
Environmental Senior Specialist — Asheville Regional Office
Water Quality Regional Operations Section
NCDEQ — Division of Water Resources
828 296 4500 office
828 299 7043 fax
Email: linda.wiggs(d-)ncdenr.gov
2090 U.S. Hwy. 70
Swannanoa, N.C. 28778
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
From: Charles Burkett [mailto:[e-mail]]
Sent: Saturday, March 12, 2016 10:33 AM
To: Wiggs, Linda <[e-mail]>
Subject: RE: Valley View Shopping Center
Good morning Linda,
Will went out to the property to check on the issues we had discussed.
He found that the plant was operating properly and that the timer was set to go on three times a day.
He said there was no strange odor and that everything looked in. proper order.
Will sent along two pictures of the timer device and its settings, along with a video of the plant equipment operating fo'
your review.
i

I am available anytime to speak wi W.
Regards,
Charles
Charles W. Burkett, IV
President, The Burkett Companies
305-517-1175 Direct
305-534-0102 Management Office
305-673-2075 Fax
Rental Payments / Tenant Correspondence:
9429 Harding Avenue, Suite 2
Surfside, FL 33154
www.burkettcompanies.com
www.rentmiamibeach.com
"The inherent vice of capitalism is the unequal sharing of the blessings. The inherent blessing {hidden reality} of
socialism is the equal sharing of misery." Winston Churchill
From: Wiggs, Linda [mailto:[e-mail]]
Sent: Tuesday, March 8, 2016 9:12 AM
To: Charles Burkett <[e-mail]>
Subject: RE: Valley View Shopping Center
We did and we will meet later this afternoon around 4.
Q" G,o
Environmental Senior Specialist — Asheville Regional Office
Water Quality Regional Operations Section
NCDEQ — Division of Water Resources
828 296 4500 office
828 299 7043 fax
Email: linda.wiggs ci.ncdenr.gov
2090 U.S. Hwy. 70
Swannanoa, N.C. 28778
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
From: Charles Burkett [mailto:[e-mail]]
Sent: Monday, March 07, 2016 5:30 PM
4

PT07piggs, Linda <linda.wiggs@ncdenr, >
Subject: RE: Valley View Shopping Center
Hello Linda,
I just wanted to confirm that you and Will spoke and that the arrangement where made and satisfactory for you?
Thanks,
Charles
Charles W. Burkett, IV
President, The Burkett Companies
305-517-1175 Direct
305-534-0102 Management Office
305-673-2075 Fax
Rental Payments / Tenant Correspondence:
9429 Harding Avenue, Suite 2
Surfside, FL 33154
www.burkettcompanies.com
www.rentmiamibeach.com
"The inherent vice of capitalism is the unequal sharing of the blessings. The inherent blessing {hidden realityf of
socialism is the equal sharing of misery." Winston Churchill
CONFIDENTIALITY NOTE: The information contained in this transmission is privileged and confidential information intended only for the use of the individual or
entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this
communication is strictly prohibited. If you have received this transmission in error, do not read it. Please immediately reply to the sender that you have received this
communication in error and then delete it. Thank you
From: Wiggs, Linda [mailto:[e-mail]]
Sent: Friday, March 4, 2016 4:48 PM
To: Charles Burkett <[e-mail]>
Subject: Valley View Shopping Center
Hi Charles,
Your ORC, Juanita James, for the subject facility (Permit NC0039187) notified us that
James and James Environmental, Inc. will no longer be continuing services. It was not
clear on what date these services will cease. Please clarify who will be operating your
wastewater system. It is required that these systems be visited at a minimum of 5 days
a week for proper operation.
I will be visiting this facility next Tuesday. Please get back with me on Monday with an
update of your situation.
Thank you,
Environmental Senior Specialist — Asheville Regional Office
Water Quality Regional Operations Section
NCDEQ — Division of Water Resources
5

828 296 4500 office
828 299 7043 fax
Email: linda.wiggs(d)ncdenr.gov
2090 U.S. Hwy. 70
Swannanoa, N.C. 28778
`�{ •'�3'iC3fi'is {3 t..<�i'f7i�l[a'�e':r.: ._ -_
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties,

NPDES PERMIT NO. NCO039187 DISCHARGE NO. 001 MONTH FEBRUARY YEAR 2016
FACILITY NAME VALLEYVIEW SHOPPING CENTER CLASS II COUNTY BUNCOMBE
CERTIFIED LABORATORY (1) JAMES 3 JAMES ENVIRONMENTAL MGT., INC. CERTIFICATION NO. 482
(list additional laboratories on the backside/page 2 of this form)
-OPERATOR IN RESPONSIBLE CHARGE (ORC) KENNETH JASON RUMMEL GRADE it CERTIFICATION NO. 994182
PERSON(S) COLLECTING SAMPLES KENNETH JASON RUMMEL ORC PHONE
CHECK BOX IF ORC HAS CHANGED
Mall ORIGINAL and ONE COPY to:
ATTN. CENTRAL FILES
DIVISION OF WATER QUALITY
1617 MAQ. SERVICE CENTER
RALEIGH, NC 27699-1617
NO FLOW / DISCHARGE FROM SITE +
BY THIS SIGNATURE, I CERTIFY THAT THIS REPORT IS
ACCURATE AND COMPLETE TO THE BEST OF MY KNOWLEDGE.
1
III 1
II.11
III
41 I
II. I
I1 I
•
®
DWQ Pam I4t-I pllW)

Facility Status: (Please check one of the following)
All monitoring data and sampling frequencies meet permit requirements
(including weokly avenou, Wapplicable)
All monitoring data and sampling frequencies do NOT meet -permit requirements
Compliant
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 thi time thepermittee beconies•aware of the circumstances.
If the facility is noncompliant, please attach a list of corrective actions being taken and a time -table for improvements to be made as required by Part H.E.6 of
the NPDES permit.
"I certify, under penalty, of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure
that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who managed the system, or those persons
directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief; true, accurate, and complete. I am aware that there
are significant penalties for submitting Use: information, including the possibility of fines and imprisonment for knowing violations."
VALLEYVIEW SHOPPING CENTER
Permittee (Please print or type)
C1L 3/24/2016
Si&ture ofPermi r• Date
(Required unless submitted electronically)
211 BROADWAY SUITE 202, LYNNBROOK,NY 11563 828-697-0063 10/31/2015
Pawnee Add= Phone Nwaber a -mall address Permit Fj#atioa Date
ADDITIONAL CERTIFIED LABORATORIES
Certified Laboratory (2)
Certification No.
Certified Laboratory (3)
Certification No.
Certified Laboratory (4)
Certification No.
Certified Laboratory (5)
Certification No.
PARAMETER CODES
Parameter Code assistance may be obtained by calling the NPDES Lint at [phone] or by visiting http://portal.ucdew.org(webtwgtswptpstapdes/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).

Wiggs, Linda
From: Wiggs, Linda
Sent: Tuesday, September 03, 2013 1:40 PM
To: JUANITA JAMES <[e-mail]> [e-mail])
Subject: Valleyview Shopping Center
Attachments: Reduced Monitoring.10.29.12.pdf
Hi Juanita,
I have attached the reduced monitoring requirement memo FYI. What you sent in is insufficient for a formal evaluation
of reduced monitoring. Besides this facility is already below the threshold for reduced monitoring given it is a weekly
sampling regime.
Sorry, Linda
Linda Wiggs - [e-mail]
North Carolina Dept. of Environment and Natural Resources
Asheville Regional Office
Division of Water Quality - Water Quality Section
2090 U.S. 70 Highway
Swannanoa, NC 28778
Tel: [phone]
Fax: [phone]
Link to Division of Water Quality Home Page
http://porta1.ncdenr.org/web/wq
Notice: E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and
therefore may be disclosed to third parties.

NC®ENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
Charles W. Burkett, IV
Valley View Shopping Center
1332 Biscaya Drive
Surfside, FL 33154
Dear Mr. Burkett:
Donald R. van der Vaart
Secretary
March 17, 2015
Subject: Acknowledgement of Permit Renewal
Permit NCO039187
Buncombe County
The NPDES Unit received your permit renewal application on March 11, 2015. A member of the
NPDES Unit will review your application. They will contact you if additional information is required to
complete your permit renewal. You should expect to receive a draft permit approximately 30-45 days
before your existing permit expires.
If you have any additional questions concerning renewal of the subject permit, please contact Bob
Sledge [phone].
Sincerely,
`A/rr&o-, Tkt4tfo-rro�
Wren Thedford
Wastewater Branch
cc: Central Files
Aslieville.-Re ional-0fce'
Divis:cn of'rValsr i.cscurces
NPDES Unit
i�4AR 2 C e 1,
1617 Mail Service Center, Raleigh, North Carolina 27699-1617 I Water Quality Regional Or_erations
Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 Asheville Rec;icnai Gi'ico
Phone: [phone] Fax: [phone]/Customer Service: 1-877-623-6748--
Internet:: www.ncwater.org
An Equal OpportunityVAffirmativeAction Employer

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WaterResources _. ... _ .
ENVIRONMENTAL QUALITY
PAT MCCRORY
rl
Governor
L"`'--�ONALD R. VAN DER VAART
Secretary
S: 7AY "ZIMMERMAN
Director
December 17, 2015
Mr. Charles W Burkette, Manager
Valley View of Asheville LLC
801 Atton Road
Suite 2
Miami Beach, Florida 33139
l
Subject: NOTICE OF VIOLATION
NOV-2015-LV-0794
Permit No. NC0039187
Valley View Shopping Center WWTP
Buncombe County
Dear Mr. Burkette:
A review of Valley View Shopping Center's WWTP monitoring report for July 2015
showed the following violation:
Parameter
Date
Limit Value
Reported Value
Limit Type
Coliform' Fecal MF, M-FC
07/15/2015
400.00 #/100ml
-600.00 #/100ml
Daily
Broth,44.5C
Maximum
Exceeded
Remedial actions, if not already implemented,. should be taken to correct any problem.
Since the comments section on the reverse of the relevant DMR_ provided an adequate
explanation for the subject violation,, it is not requested that a response be submitted.
The Division of Water Resources may pursue enforcement action for this and any
additional violations of State law. If you should have any questions, please do not hesitate
to contact Janet Cantwell or me at 828/296-4500..
Sincerely,
G. Landon Davidson, P.G., Regional Supervisor
Water Quality Regional Operations.,. NCDEQ
Asheville Regional Office
—IA:Fi
MSC 1617 Central Files -Basement
James & James Environmental/ ORC
G:1WR\WQ\Buncombe\WastewaterlMinorslValley View Shopping Center 391871NOV-2015-LV-0794.doex
State of North Carolina / Environmental Quality/ Water Resources
2090 U.S. Hwy. 70, Swannanoa, N.C. 28778
828-296-4500

Water Resources
ENVIRONMENTAL QUALITY
April 14, 2016
Charles W. Burkett, IV .
Valley View of Asheville, LLC
1332 Biscaya Drive
Surfside, Florida 33154
Subject: NPDES Electronic Reporting Requirements
Valley View Shopping Center
NPDES Permit Number: NCO039187
Dear NPDES Permittee:
PAT MCCRORY
Governor
DONALD R. VAN DER VAART
secvelaq
S. JAY ZIMMERMAN
Director
Division: of
'issources
APR 1
8 2016
} Watel
The U.S. Environmental Protection Agency (EPA) recently published the National Pollutant Discharge
Elimination System (NPDES) Electronic Reporting Rule. The rule requires NPDES regulated facilities to
report information electronically, instead of filing written paper reports. The rule does not change what
information is required from facilities. It only changes the method by which information is provided (i.e.,
electronic rather than paper -based).
EPA is phasing in the requirements of the rule over a 5-year period. The two phases of the rule, and their
key milestones, are:
• Phase 1—Starting on December 21, 2016, regulated entities that are required to submit Discharge
Monitoring Reports (DMRs) will begin submitting these reports electronically. If you are currently
reporting your DMR data electronically using eDMR, then you simply need to continue reporting
in the same way as you are now. The key change is that, starting on December 21, 2016,
electronic reporting of DMRs will be required, instead of voluntary.
• Phase 2 —Starting on December 21, 2020, regulated entities that are required to submit certain,
other NPDES reports will begin submitting these reports electronically. Reports covered in the
second phase include Notices of Intent to discharge in compliance with an NPDES general permit,
Sewer Overflow/Bypass Event Reports, and a number of other NPDES program reports.
Incorporating Electronic Reporting Requirements into NPDES Permits
The NPDES Electronic Reporting Rule requires authorized NPDES programs to incorporate electronic
reporting requirements into NPDES permits beginning December 21, 2015. Under the new rule, the
electronic reporting process supersedes the paper reporting process. According to our files, your NPDES
permit became effective February 1, 2016, and contains the requirement to electronically report your
Discharge Monitoring Reports using NC DWR's eDMR system.
In addition to requiring permittees to report information electronically, the rule also requires permittees
to identify the initial recipient for the NPDES electronic reporting data [see 40 CFR 122.41(1)(9)]. Initial
State of North Carolina I Environmental Quality I Water Resources
1617 Mail Service Center I Raleigh, North Carolina 27699-1617
919 807 6300

recipient of electronic NPDES information from NPDES-regulated facilities (initial recipient) means the
entity (EPA or the state authorized by EPA to implement the NPDES program) that is the designated entity
for receiving electronic NPDES Data [see 40 CFR 127.2(b)]. Permittees are required to electronically
submit the required NPDES information to the appropriate initial recipient, as determined by EPA. By July
18, 2016, EPA must identify and publish on its web site and in the Federal Register a listing of initial
recipients by state and by NPDES data group. Once available, you should use EPA's web site to identify
the initial recipient of your electronic submission.
NC DWR has requested to be the initial recipient for the following NPDES data groups:
1. Discharge Monitoring Reports;
2. General Permit Reports [Notices of Intent to discharge (NOIs); Notices of Termination (NOTs)];
3. Pretreatment Program Reports; and
4. Sewer Overflow/Bypass Event Reports
EPA's web site will also link to the appropriate electronic reporting tool for each type of electronic
submission for each state. Instructions on how to access and use the appropriate electronic reporting
tool will be available as well.
For more information on EPA's NPDES Electronic Reporting Rule, visit
http://www2.epa.goy/compliance/final-national-pollutant-discharge-elimination-system-npdes-
electronic-reporting-rule. For more information on electronic reporting to NC.DWR, visit
http://deg.nc.gov/about/divisions/water-resources/edmr/npdes-electronic-reporting or contact Vanessa
Manuel at 919-807-6392 orvia email at [e-mail].
Sincerely,
J e� f rrey O. P&&49a4rf-
forS. Jay Zimmerman, P.G.
Cc: NPDES File
Central Files
Ashe-uiII R'egionalyOfrfice4/Water Quality pP e ,rar

JAWS & JAMES ENVIRONMENTAL MANAGEMENT, INC
PO BOX 519, MOUNTAIN HOME, NC 28758
[phone] OFFICE
[phone] FAX
April 3, 2013
Surface Water Protection Section
Asheville Regional Office
Attn: Chuck Cranford
2090 U.S. Highway 70
Swannanoa, NC 28778
RE: Valleyview Shopping Center
Permit Number: NCO039187
Dear Mr. Cranford,
RECEIVE®
AUG - 8 2013
DWQ(Sarfase Water PMWd1W
Our client, Valleyview Shopping Center, Mr. Charles Burkett, is requesting that the facility
servicing the Valleyview Shopping Center complex have considerations for the monitoring of the effluent
permit. This facility is solely for the purpose of the complex and has no additional connections to the
system.
We, Mr. Burkett and James & James Environmental, believe that this facility may qualify for
reduced monitoring for the following reasons:
(1) This facility has had an excellent record of compliance.
(2) This facility has only one tenant on the system with two bathrooms being used by less than 5
employees at a second hand resale shop.
(3) The flow from the facility is less than 50 gallons per day
(4) This facility has been refurbished to offer additional opportunities to the Canton area for
business opportunity and employment and does not currently have the income to support the
cost of the operations and laboratory with the one tenant.
(5) This facility, once self-supporting, is willing to return to the normal permit if required.
Therefore, we respectfully request that the considerations be made to assist this business owner in
the cost of the requirements for the wastewater facility at this location. If there is any additional
information that would benefit you in your decision, please contact James & James at 828-697-0063 or
Charles Burkett at 305-534-0102.
Thank you in advance for your time.
Respectfully,
J lUl
Harry & Juanita James

DAMES & JAIMIES ENVIRONMENTAL MANAGEMENT, INC
r PO BOX 1354, MOUNTAIN HOME, NC 28758
[phone] OFFICE
[phone] FAX
PERFORMANCE ANNUAL REPORT - 2011
Valleyview Shopping Center Mr. Charles Burkett Permit Number: NCO039187
System Description
An extended aeration basin with gravity flow influent into a 10,000 gallon treatment facility,
clarifier, tablet feed chlorinator, chlorine contact chamber, tablet feed de -chlorinator, and effluent gravity
line.
Performance
The facility was shut down completely late 2009 and has not reopened. The owner is doing
renovations on the building with plans to re -lease the stores. There was no discharge during 2011.
Violations and corrective actions taken
None
This report has been sent to the Owner with directions to give notification of the availability of this report
to each of their users. A certified statement will be sent to the State when this notice has been issued.
I certify under penalty of law that this report is complete and accurate to the best of my knowledge. I
further certify that this report has been made available to the users or customers of the named system and
that those users have been notified of its availability. I also certify that this report has been given to the
owner of this facility with explicit directions to make the user aware of the availability of this report and the
location with which a copy can be viewed or received. James & James Environmental Mgt., Inc cannot
certify that the latter has been completed and will enclose a letter of certification to be mailed to the State
of North Carolina on behalf of this entity along with all pertinent information regarding this system for the
conclusion of this requirement.
Thank you,
Juanita James
James & James Environmental Management, Inc.
MAR 5 2012

PERFORMANCE ANNUAL REPORT — 2011
Valleyview Shopping Center Mr. Charles Burkett
Permit Number: NCO039187 -
A copy of the Performance Annual Report has already been filed with the
State of North Carolina Division of Water Quality in triplicate by James &
James Environmental Management, Inc. and should be in your possession at
this time. On that report, the certification was stated that I, the responsible
party of this facility, has received a copy of this report and was directed to
give the users knowledge of this report and access to it.
Therefore:
I certify under penalty of law that this report prepared by James & James
Environmental Management, Inc. is complete and accurate to the best of my
knowledge. I further certify that this report has been made available to the
users or customers of this documented system and that those users have been
notified of its availability.
Thank you,
Mr. Charles Burkett
Valleyview Shopping Center

PERFORMANCE ANNUAL REPORT - 2011
Valleyview Shopping Center Mr. Charles Burkett
Permit Number: NCO039187
A copy of the Performance Annual Report has already been filed with the
State of North Carolina Division of Water Quality in triplicate by James &
James Environmental Management, Inc. and should be in your possession at
this time. On that report, the certification was stated that I, the responsible
party of this facility, has received a copy of this report and was directed to
give the users o�Ve ge o -,,his report and access to it.
Therefore:
I certify under penalty of law that this report prepared by James & James
Environmental Management, Inc. is complete and accurate to the best of my
knowledge. I further certify that this report has been made available to the
users or customers of this documented system and that those users have been
notified of its availability.
Thank you,
Mr. Charles Burkett
Valleyview Shopping Center
EG V/
11ll E I III
2 3 201
WATER, C ''JAUT`i
Ct
@ 9 U wpm
ig6�d_1 MAR 2 6 2012
DENR-WATER QUAL"I
POINT SOURCE BRANCH

Facility information
NPDES permit ##:
NC0039187 Buncombe County
Facility name:
Burkett Corp. — Valley View of Asheville, LLC -
Valley View Shopping Center WWTP
WWTP class:
II
WWTP type:
0.010 MGD extended aeration WWTP consisting
of: (no bar screen); aeration basin with dual
blowers providing diffused air; clarifier with
skimmer and sludge returns; tablet chlorinator;
chlorine contact chamber; and tablet
dechlorinator.
Annual Average Flow:
0.0004 MGD
Collection System:
< 12 connections
Development:
Shopping Center with 2 employees.
Sludge Management:
Commercial hauler (Mike's Septic Service) to
MSD or the City of Brevard's WWTPs.
WWTP location:
US Hwys 19 & 23, west of Candler
Responsible official:
Charles W. Burkett (as of fall '06)
Responsible "'s title:
owner / manager
Official's location:
801 Alton Road; Suite 2; Miami Beach; FL 33139
Phone numbers
305-534-0102 Charles Burkett
305-673-2075 " - fax
828-697-0063 James & James Env. Mgmt.-ORC contractor & lab
828-697-0065 " -fax
828-674-8169 Harry — cell
828-674-8171 Juanita - cell
Ot)erator information
Contract ORC : James & James Env. Mgmt.-ORC contractor & lab
Physical address: 3801 Asheville Hwy.; Hendersonville, NC 28791
Mailing address: PO Box 519; Mountain Home, NC 28758
Permit information
Date issued: 1-11-2007
Expiration date: 10-31-2010
Renewal: under review
du moo//
- �

Stream information
Stream & river basin:
Sub -basin:
Quad:
Grid:
Stream classification:
Drainage area sq mi:
Instream Waste Conc.:
Average stream flow:
Summer 7Q10 cfs:
Winter 7Q10 cfs:
Other information
Directions:
UT to Hominy Creek; French Broad River Basin
04-03-02
Enka, NC
C
0.12
0.16
Proceed to Candler on US Hwys 19 & 23. The
Valleyview Shopping Center is on the left. The
WWTP is located in a locked building behind the
shopping center on the left side.

Page 1 of:
Direc'_._.is to Isaac Hill -
21.7 mi — about 28 mins
Mips / Save trees. Go green!
Download Google Maps on your
phone at googlexom/gmm
23 —
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ile:HCADocuments and SettingsUCantwell\Local Settings\Temp\OUBP5Y1H.htm 9/17/200:

Page 2 of
2090 US 70 Hwy
Swannanoa, NC 28778
1. Head west on US-70 toward NC-2727/Whitson Ave go 0.8 mi
About 1 min total 0.8 mi
+� 2. Turn left at NC-2740/Patton Cove' Rd
soo.3smi
About 2 mins
t tal,1.2 mi . ?
3. Turn right onto the ramp to Asheville
go 0.2 mi
total 1.4 mi
�4. M&rgre onto I-40. W'
go 1:4.3 mi
About l &mins
total 15.7 mi'
5. Take exit 44 for US-23/US-19 toward EnkaM Asheville/Candler
go 0.3 mi
6. Turn right at Haywood.St/Patton Ave/US;A9/US-23/US-74
Continue to follow US'-19/US-23
About 8 mins
4 7. Sharp left at S Morgan Branch Rd/NC-1140
About 1 min
► 8. Turn right at Isaac. Hill
35.542778,-82.731111
Isaac Hill
total 15.9 mi
go 5.6 mi
total 21.6mi
go 420 ft
total 21.6 mi
go 358 fit
.total 21.7 mi
Fhese directions are for planning purposes only. You may find that construction projects, traffic, weather, or other events may
;ause conditions to differ from the map results, and you should plan your route accordingly. You must obey all signs or notices
egarding your route.
vlap data @2008 Tele Atlas
ile:HC:\Documents and SettingsWantwell\Local Settings\Temp\OUBP5Y1H.htm 9/17/200

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 5, 2010
Mr. Charles W. Burkett, IV
Valley View of Asheville, LLC
801 Alton Road; Suite 2
Miami Beach, FL 33139
Subject: Issuance of NPDES Permit NCO039187
Valley View Shopping Center WWTP
Buncombe County
Dear Mr. Burkett:
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 September 1,
2010. More detail has been added to the facility description within the permit.
If any parts, measurement frequencies or sampling requirements contained in this permit are
unacceptable to you, you have the right to an adjudicatory hearing upon written request within thirty
(30) days following receipt of this letter. This request must be in the form of a written petition,
conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of
Administrative Hearings (6714 Mail Service Center, Raleigh, North Carolina 27699-6714). Unless
such demand is made, this decision shall be final and binding.
Please note that Hominy Creek is listed as an impaired waterbody on the North Carolina 303(d)
Impaired Waters List. This means that the stream does not meet all water quality standards. Addressing
impaired waters is a high priority with the Division, and instream data will continue to be evaluated. If
there is noncompliance with permitted effluent limits and stream impairment can be attributed to your
facility, mitigative measures may be required.
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.
1617 Mail Service Center, Raleigh, North Carolina 27699-1617 One
Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 NorthCarolina
Phone: [phone] \ FAX: •919-807-6492 \ Customer Service: 1-877-623-6748 Internet: www.ncwaterqlality.org ��turR�/��
An Equal Opportunity \ Affin iative Action Employer

Mr. Charles W. Burkett, IV t
Valley View Shopping -Center VA 'P Permit Renewal 2010
If you have any questions concerning this permit, please contact Bob Sledge at telephone number (919)
807-6398, or via e-mail at [e-mail].
Sincerely,
� -coleen H. Sullins
cc: Central Files
shy eu'illegi"onl Office Surface ateProtection Section
NPDES Unit

Permit NCO039187
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
PERMIT
TO DISCHARGE WASTEWATER UNDER THE
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
In compliance with the provisions of North Carolina General Statute 143-215.1, other lawful standards
and regulations promulgated and adopted by the North Carolina Environmental Management
Commission, and the Federal Water Pollution Control Act, as amended,
Valley View of Asheville, LLC
is hereby authorized to discharge wastewater from a facility located at the
Valleyview Shopping Center WWTP
U.S. Highway 19/23
west of Candler
Buncombe County
to receiving waters designated as an unnamed tributary to Hominy Creek in the French Broad River
Basin in accordance with effluent limitations, monitoring requirements, and other conditions set forth
in Parts I, II, III and IV hereof.
This permit shall become effective December 1, 2010.
This permit and authorization to discharge shall expire at midnight on October 31, 2015.
Signed this day November 5, 2010.
.Coleen H. Sullins, Director
Division of Water Quality
By Authority of the Environmental Management Commission

Permit NC0039187
SUPPLEMENT TO PERMIT COVER SHEET
All previous NPDES Permits issued to this facility, whether for operation or discharge are hereby
revoked, and as of this 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.
Valley View of Asheville, LLC
is hereby authorized to:
1. Continue to operate an existing 0.01 MGD wastewater treatment facility with the following
components:
♦ Manual bar screen
♦ Aeration basin with dual blowers
♦ Clarifier with skimmer and sludge returns ,
♦ Tablet chlorinator
♦ Chlorine contact chamber
♦ Tablet dechlorinator
This facility is located off of U.S. Highway 19/23, west of Candler at the Valley View Shopping
Center WWTP in Buncombe County.
2. Discharge from said treatment works at the location specified on the attached map into an unnamed
tributary to Hominy Creek, classified C waters in the French Broad River Basin.

Yerrmt NUUUJ916
Quad: Enka, N.C.
N 000391 87
Facility
;.
Latitude:35°32'34"
Location
hn , � '
"` � � � u
Longitude: 82°43'52"
9 Valley View Shopping:
Stream Class: C Center WWTP
Subbasin: 40302
Receiving Stream: UT Hominy Creek
air,tt/s
. SCALE 1:24000

Permit NCO039187
A. (1.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS - FINAL
During the period beginning on the effective date of this permit and lasting until expiration, the
Pennittee is authorized to discharge from outfall 001. Such discharges shall be limited and monitored
by the Permittee as specified below:
EFFLUENT
LIMITS
MONITORING REQUIREMENTS a ' a
"CHARACTERISTICS
wMonthly
Daily
Measurement ,
`.
Sample Type
Sample Location
Maximum
Flow
Flow
0.01 MGD
:-.Weekly
-Instantaneous
Influent or Effluent
BOD, 5-day (20°C)
30.0 mg/L
45.0 mg/L
Weekly
Grab
Effluent
Total Suspended Residue
30.0 mg/L
45.0 mg/L
Weekly
Grab
Effluent
NH3 as N
(April 1— October 31
7.0 mg/L
35.0 mg/L
Weekly
Grab
Effluent
NH3 as N
(November 1— March 31)
18.0 mg/L
35.0 mg/L
Weekly
Grab
Effluent
Fecal Coliform
(geometric mean)
200 / 100 ml
400 / 100 ml .
Weekly
Grab
„ . Effluent
Total Residual Chlorines
28 Ng/L
2/Week
Grab
Effluent
Temperature (T)
Weekly
Grab
Effluent
pH2
Weekly
Grab
Effluent
Footnotes:
1. The Division shall consider all effluent TRC values reported below 50 µg/L to be in compliance
with the permit. However, the Permittee shall continue to record and submit all values reported by
a North Carolina certified laboratory (including field certified), even if these values fall below 50
lag/L.
2. The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units.
There shall be no discharge of floating solids or visible foam in other than trace amounts.

NPDES Permit Standard Conditions
Page 1 of 18
PART II
STANDARD CONDITIONS FOR NPDES PERMITS
Section A. Definitions
2/Month
Samples are collected twice per month with at least ten calendar days between sampling events. These samples shall
be representative of the wastewater discharged during the sample period.
3/Week
Samples are collected three times per week on three separate calendar days. These samples shall be representative of
the wastewater discharged during the sample period.
Act or "the Act"
The Federal Water Pollution Control Act, also known as the Clean Water Act (CWA), as amended, 33 USC 1251, et.
seq.
Annual Averaee
The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar year. In the case of fecal
coliform, the geometric mean of such discharges.
Arithmetic Mean
The summation of the individual values divided by the number of individual values.
Bypass
The known diversion of waste streams from any portion of a treatment facility including the collection system, which
is not a designed or established or operating mode for the facility.
Calendar Dav
The period from midnight of one day until midnight of the next day. However, for purposes of this permit, any
consecutive 24-hour period that reasonably represents the calendar day may be used for sampling.
Calendar Week
The period from Sunday through the following Saturday.
Calendar Quarter
One of the following distinct periods: January through March, April through June, July through September, and
October through December.
Composite Sample
A sample collected over a 24-hour period by continuous sampling or combining grab samples of at least 100 ml in
such a manner as to result in a total sample representative of the wastewater discharge during the sample period. The
Director may designate the most appropriate method (specific number and size of aliquots necessary, the time
interval between grab samples, etc.) on a case -by -case basis. Samples may be collected manually or automatically.
Composite samples may 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
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1NPDES Permit Standard Conditions
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totalizer, and the preset gallon interval between sample collection fixed at no greater than 1/24 of the
expected total daily flow at the treatment system, or
(4) Constant time/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. The "daily discharge" concentration comprises the mean
concentration for a 24-hour sampling period as either a composite sample concentration or the arithmetic mean of all
grab samples collected during that period. (40 CFR 122.2)
Daily Maximum
The highest "daily discharge" during the calendar month.
Daily Sampling
Parameters requiring daily sampling shall be sampled 5 out of every 7 days per week unless otherwise specified in the
permit. Sampling shall be conducted on weekdays except where holidays or other disruptions of normal operations
prevent weekday sampling. If sampling is required for all seven days of the week for any permit parameter(s), that
requirement will be so noted on the Effluent Limitations and Monitoring Page(s).
DWQ or "the Division"
The Division of Water Quality, Department of Environment and Natural Resources.
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.
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Grab Sample
Individual samples of at least 100 ml collected over a period of time not exceeding 15 minutes. Grab samples can be
collected manually. Grab samples must be representative of the discharge (or the receiving stream, for instream
samples).
Hazardous Substance
Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the CWA.
Instantaneous flow measurement
A measure of flow taken at the time of sampling, when both the sample and flow will be representative of the total
discharge.
Monthly Average (concentration limit)
The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar month. In the case of fecal
coliform, the geometric mean of such discharges.
Permit Issuing Authority
The Director of the Division of Water Quality.
Quarterly Average (concentration limit),
The average of all samples taken over a calendar quarter.
Severe 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.
U set
An incident beyond the reasonable control of the Permittee causing unintentional and temporary noncompliance with
permit effluent limitations and/or monitoring requirements. An upset does not include noncompliance caused by
operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive
maintenance, or careless or improper operation.
Weekly Average (concentration limitl
The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar week. In the case of fecal
coliform, the geometric mean of such discharges.
Section B. General Conditions
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.
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b. The CWA provides that any person who violates section[s] 301, 302, 306, 307, 308, 318 or 405 of the Act, or
any permit condition or limitation implementing any such sections in a permit issued 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
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 knosvin� violates such sections, or such conditions or limitations is subject to criminal
penalties of $5,000 to $50,000 per day of violation, or imprisonment for not more than 3 years, or both. In
the case of a second or subsequent conviction for a knowing violation, a person shall be subject to criminal
penalties of not more than $100,000 per day of violation, or imprisonment of not more than 6 years, or both.
[33 USC 1319 (c) (2) and 40 CFR 122.41 (a) (2)]
e. Any person who knowingly violates section 301, 302, 303, 306, 307, 308, 318 or 405 of the Act, or any permit
condition or limitation implementing any of such sections in a permit issued under section 402 of the Act,
and who knows at that time that he thereby places another person in imminent danger of death or serious
bodily injury, shall, upon conviction, be subject to a fine of not more than $250,000 or imprisonment of not
more than 15 years, or both. In the case of a second or subsequent conviction for a knowing endangerment
violation, a person shall be subject to a fine of not more than $500,000 or by imprisonment of not more than
30 years, or both. An organization, as defined in section 309(c)(3)(B)(iii) of the CWA, shall, upon conviction
of violating the imminent danger provision, be subject to a fine of not more than $1,000,000 and can be fined
up to $2,000,000 for second or subsequent convictions. [40 CFR 122.41 (a) (2)]
f. Under state law, a civil penalty of not more than $25,000 per violation may be assessed against any person
who violates or fails to act in accordance with the terms, conditions, or requirements of a permit. [North
Carolina General Statutes § 143-215.6A] ``--
g. Any person may be assessed an administrative penalty by the Administrator for violating section 301, 302,
306, 307, 308, 318 or 405 of this Act, or any permit condition or limitation implementing any of such
sections in a permit issued under section 402 of this Act. Administrative penalties for Class I violations are
not to exceed $16,000 per violation, with the maximum amount of any Class I penalty assessed not to exceed
$37,500. Penalties for Class II violations are not to exceed $16,000 per day for each day during which the
violation continues, with the maximum amount of any Class II penalty not to exceed $177,500. [33 USC 1219
(g) (2) and 40 CFR 122.41 (a) (3)]
2. Duty to Mitigate
The Permittee shall take all reasonable steps to minimize or prevent any discharge or sludge use or disposal in
violation of this permit with a reasonable likelihood of adversely affecting human health or the environment [40
CFR 122.41 (d)].
3. Civil and Criminal Liability
Except as provided in permit conditions on "Bypassing" (Part II. C. 4), "Upsets" (Part II. C. 5) and "Power
Failures" (Part II. C. 7), nothing in this permit shall be construed to relieve the Permittee from any
responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3, 143-215.6 or Section 309
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of the Federal Act, 33 USC 1319. Furthermore, the Permittee is responsible for consequential damages, such as
fish kills, even though the responsibility for effective compliance may be temporarily suspended.
4. Oil and Hazardous Substance Liability
Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the Permittee
from any responsibilities, liabilities, or penalties to which the Permittee is or may be subject to under NCGS 143-
215.75 et seq. or Section 311 of the Federal Act, 33 USG 1321. Furthermore, the Permittee is responsible for
consequential damages, such as fish kills, even though the responsibility for effective compliance may be
temporarily suspended.
5. Property Rights
The issuance of this permit does not convey any property rights in either real or personal property, or any
exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor
any infringement of Federal, State or local laws or regulations [40 CFR 122.41
6. Onshore or Offshore Construction
This permit does not authorize or approve the construction of any onshore or offshore physical structures or
facilities or the undertaking of any work in any navigable waters.
7. Severability
The provisions of this permit are severable. If any provision of this permit, or the application of any provision of
this permit to any circumstances, is held invalid, the application of such provision to other circumstances, and the
remainder of this permit, shall not be affected thereby [NCGS 150B-23].
8. Duty to Provide Information
The Permittee shall furnish to the Permit Issuing Authority, within a reasonable time, any information which the
Permit Issuing Authority may request to determine whether cause exists for modifying, revoking and reissuing, or
terminating this permit or to determine compliance with this permit. The Permittee shall also furnish to the
Permit Issuing Authority upon request, copies of records required by this permit [40 CFR 122.41 (h)].
9. Duty to Reapply
If the Permittee wishes to continue an activity regulated by this permit after the expiration date of this permit, the
Permittee must apply for and obtain a new permit [40 CFR 122.41 (b)].
10. Expiration of Permit
The Permittee is not authorized to discharge after the expiration date. In order to receive automatic
authorization to discharge beyond the expiration date, the Permittee shall submit such information, forms, and
fees as are required by the agency authorized to issue permits no later than 180 days prior to the expiration date.
Any Permittee that has not requested renewal at least 180 days prior to expiration, or any Permittee that does not
have a permit after the expiration and has not requested renewal at least 180 days prior to expiration, will subject
the Permittee to enforcement procedures as provided in NCGS 143-215.6 and 33 USC 1251 et. seq.
11. Signatory Requirements
All applications, reports, or information submitted to the Permit Issuing Authority shall be signed and certified
[40 CFR 122.41 (k)].
a. All permit applications shall be signed as follows:
(1) For a corporation: by a responsible corporate officer. For the purpose of this Section, a responsible
corporate officer means: (a) a president, secretary, treasurer or vice president of the corporation in
charge of a principal business function, or any other person who performs similar policy or decision
making functions for the corporation, or (b) the manager of one or more manufacturing, production, or
operating facilities, provided, the manager is authorized to make management decisions which govern the
operation of the regulated facility including having the explicit or implicit duty of making major capital
investment recommendations, and initiating and directing other comprehensive measures to assure long
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term environmental compliance with environmental laws and regulations; the manager can ensure that
the necessary systems are established or actions taken to gather complete and accurate information for
permit application requirements; and where authority to sign documents has been assigned or delegated
to the manager in accordance with corporate procedures .
(2) For a partnership or sole proprietorship: by a general partner or the proprietor, respectively; or
(3) For a municipality, State, Federal, or other public agency: by either a principal executive officer or
ranking elected official [40 CFR 122.22].
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]
c. Changes to authorization: If an authorization under paragraph (b) of this section is no longer accurate
because a different individual or position has responsibility for the overall operation of the facility, a new
authorization satisfying the requirements of paragraph (b) of this section must be submitted to the Director
prior to or together with any reports, information, or applications to be signed by an authorized
representative [40 CFR 122.22]
d. Certification. Any person signing a document under paragraphs a. or b. of this section shall make the
following certification [40 CFR 122.22]. NO OTHER STATEMENTS OF CERTIFICATION WILL BE
ACCEPTED:
"I certify, under penalty of law, that this document and all attachments were prepared under my direction or
supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate
the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons
directly responsible for gathering the information, the information submitted is, to the best of my knowledge and
belief, true, accurate, and complete. 1 am aware that there are significant penalties for submitting false information,
including the possibility of fines and imprisonment for knowing violations."
12. Permit Actions
This permit may be modified, revoked and reissued, or terminated for cause. The filing of a request by the
Permittee for a permit modification, revocation and reissuance, or termination, or a notification of planned
changes or anticipated noncompliance does not stay any permit condition [40 CFR 122.41 (0].
13. Permit Modification. Revocation and Reissuance, or Termination
The issuance of this permit does not prohibit the permit issuing authority from reopening and modifying the
permit, revoking and reissuing the permit, or terminating the permit as allowed by the laws, rules, and regulations
contained in Title 40, Code of Federal Regulations, Parts 122 and 123; Title 15A of the North Carolina
Administrative Code, Subchapter 2H.0100; and North Carolina General Statute 143-215.1 et. al.
14. Annual Administering and Compliance Monitoring Fee Requirements
The Permittee must pay the annual administering and compliance monitoring fee within thirty days after being
billed by the Division. Failure to pay the fee in a timely manner in accordance with 15A NCAC 2H.0105 (b) (2)
may cause this Division to initiate action to revoke the permit.
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Section C. Operation and Maintenance of Pollution Controls
1. Certified Operator
Upon classification of the permitted facility by the Certification Commission, the Permittee shall employ a
certified water pollution control treatment system operator in responsible charge (ORC) of the water pollution
control treatment system. Such operator must hold a certification of the grade equivalent to or greater than the
classification assigned to the water pollution control treatment system by the Certification Commission. The
Permittee must also employ one or more certified Back-up ORCs who possess a currently valid certificate of the
type of the system. Back-up ORCs must possess a grade equal to (or no more than one grade less than) the grade
of the system [15A NCAC 8G.0201].
The ORC of each Class I facility must:
➢ Visit the facility 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
➢ Comply with all other conditions of 15A NCAC 8G.0204.
Once the facility is classified, the Permittee shall submit a letter to the Certification Commission designating the
operator in responsible charge:
a. Within 60 calendar days prior to wastewater being introduced into a new system
b. Within 120 calendar days of: -
➢ Receiving notification of a change in the classification of the system requiring the designation of a
new ORC and back-up ORC
➢ A vacancy in the position of ORC or back-up ORC.
2. Proper Operation and Maintenance
The Permittee shall at all times provide the operation and maintenance resources necessary to operate the existing
facilities at optimum efficiency. The Permittee shall at all times properly operate and maintain all facilities and
systems of treatment and control (and related appurtenances) which are installed or used by the Permittee to
achieve compliance with the conditions of this permit. Proper operation and maintenance also includes adequate
laboratory controls and appropriate quality assurance procedures. This provision requires the Permittee to install
and operate backup or auxiliary facilities only when necessary to achieve compliance with the conditions of the
permit [40 CFR 122.41 (e)].
NOTE: Properly and officially designated operators are fully responsible for all proper operation and
maintenance of the facility, and all documentation required thereof, whether acting as a contract operator
[subcontractor] or a member of the Permittee's staff.
3. Need to Halt or Reduce not a Defense
It shall not be a defense for a Permittee in an enforcement action that it would have been necessary to halt or
reduce the permitted activity in order to maintain compliance with the condition of this permit [40 CFR 122.41
(CA-
4. Bypassing of Treatment Facilities
a. Bypass not exceeding limitations [40 CFR,12.2.41 (m) (2)]
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The Permittee may allow any bypass to occur which does not cause effluent limitations to be exceeded, but
only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the
provisions of Paragraphs b. and c. of this section.
b. Notice [40 CFR 122.41 (m) (3)]
(1) Anticipated bypass. If the Permittee knows in advance of the need for a bypass, it shall submit prior
notice, if possible at least ten days before the date of the bypass; including an evaluation of the
anticipated quality and effect of the bypass.
(2) Unanticipated bypass. The Permittee shall submit notice of an unanticipated bypass as required in Part
II. E. 6. (24-hour notice). _
c. Prohibition of Bypass
(1) Bypass from the treatment facility is prohibited and the Permit Issuing Authority may take enforcement
action against a Permittee for bypass, unless:
(A) Bypass was unavoidable to prevent loss of life, personal injury or severe property damage;
(B) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities,
retention of untreated wastes or maintenance during normal periods of equipment downtime. This
condition is not satisfied if adequate backup equipment should have been installed in the exercise of
reasonable engineering judgment to prevent a bypass which occurred during normal periods of
equipment downtime or preventive maintenance; and
(C) The Permittee submitted notices as required under Paragraph b. of this section.
(2) Bypass from the collection system is prohibited and the Permit Issuing Authority may take enforcement
action against a Permittee for a bypass as provided in any current or future system -wide collection system
permit associated with the treatment facility.
(3) The Permit Issuing Authority may approve an anticipated bypass, after considering its adverse effects, if
the Permit Issuing Authority determines that it will meet the three conditions listed above in Paragraph c.
(1) of this section.
5. Upsets
a. Effect of an upset [40 CFR 122.41 (n) (2)]: An upset constitutes an affirmative defense to an action
brought for noncompliance with such technology based permit effluent limitations if the requirements of
paragraph b. of this condition are met. No determination made during administrative review of claims that
noncompliance was caused by upset, and before an action for noncompliance, is final administrative action
subject to judicial review.
b. Conditions necessary for a demonstration of upset: Any Permittee who wishes to establish the
affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or
other relevant evidence that:
(1) An upset occurred and that the Permittee can identify the cause(s) of the upset;
(2) The Permittee facility was at the time being properly operated; and
(3) The Permittee submitted notice of the upset as required in Part II. E. 6. (b) of this permit.
(4) The Permittee complied with any remedial measures required under Part II. B. 2. of this permit.
c. Burden of proof [40 CFR 122.41 (n) (4)]: The Permittee seeking to establish the occurrence of an upset
has the burden of proof in any enforcement proceeding.
6. Removed Substances
Solids, sludges, filter backwash, or other pollutants removed in the course of treatment or control of wastewaters
shall be utilized/disposed of in accordance with NCGS 143-215.1 and in a manner such as to prevent any pollutant
from such materials from entering waters of the State or navigable waters of the United States. The Permittee
shall comply with all existing Federal regulations governing the disposal of sewage sludge. Upon promulgation of
40 CFR Part 503, any permit issued by the Permit Issuing Authority for the utilization/disposal of sludge may be
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reopened and modified, or revoked and reissued, to incorporate applicable requirements at 40 CFR 503. The
Permittee shall comply with applicable 40 CFR 503 Standards for the Use and Disposal of Sewage Sludge (when
promulgated) within the time provided in the regulation, even if the permit is not modified to incorporate the
requirement. The Permittee shall notify the Permit Issuing Authority of any significant change in its sludge use
or disposal practices.
7. Power Failures
The Permittee is responsible for maintaining adequate safeguards (as required by 15A NCAC 214.0124) 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 characteristic of the volume and nature of
the permitted discharge. Samples collected at a frequency less than daily shall be taken on a day and time that is
characteristic of the discharge over the entire period the sample represents. All samples shall be taken at the
monitoring points specified in this permit and, unless otherwise specified, before the effluent joins or is diluted
by any other wastestream, body of water, or substance. Monitoring points shall not be changed without
notification to and the approval of the Permit Issuing Authority [40 CFR 122.41 (j)].
2. Reporting
Monitoring results obtained during the previous month(s) shall be summarized for each month and reported on a
monthly Discharge Monitoring Report (DMR) Form (IVIR 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
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://h2o.enr.state.nc.us/lab/cert.htm) for information
regarding laboratory certifications.
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Personnel conducting testing of field -certified parameters must hold the appropriate field parameter
certifications.
Test procedures for the analysis of pollutants shall conform to the EMC regulations (published pursuant to
NCGS 143-215.63 et. seq.), the Water and Air Quality Reporting Acts, and to regulations published pursuant to
Section 304(g), 33 USC 1314, of the CWA (as amended), and 40 CFR 136; or in the case of sludge use or disposal,
approved under 40 CFR 136, unless otherwise specified in 40 CFR 503, unless other test procedures have been
specified in this permit [40 CFR 122.41].
To meet the intent of the monitoring required by this permit, all test procedures must produce minimum
detection and reporting levels that are below the permit discharge requirements and all data generated must be
reported down to the minimum detection or lower reporting level of the procedure. If no approved methods are
determined capable of achieving minimum detection and reporting levels below permit discharge requirements,
then the most sensitive (method with the lowest possible detection and reporting level) approved method must
be used.
5. Penalties for Tampering
The CWA provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any monitoring
device or method required to be maintained under this permit shall, upon conviction, be punished by a fine of
not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both.
If a conviction of a person is for a violation committed after a first' conviction of such person under this
paragraph, punishment is a fine of not more than $20,000 per day of violation, or by imprisonment of not more
than 4 years, or both [40 CFR 122.41].
6. Records Retention
Except for records of monitoring information required by this permit related to the Permittee's sewage sludge
use and disposal activities, which shall be retained for a period of at least five years (or longer as required by 40
CFR 503), the Permittee shall retain records of all monitoring information, including:
➢ all calibration and maintenance records
➢ all original strip chart recordings for continuous monitoring instrumentation
➢ copies of all reports required by this permit
➢ copies of all data used to complete the application for this permit
These records or copies shall be maintained for a period of at least 3 years from the date of the sample,
measurement, report or application. This period may be extended by request of the Director at any time [40 CFR
122.41].
7. Recording Results
For each measurement or sample taken pursuant to the requirements of this permit, the Permittee shall record
the following information [40 CFR 122.41]:
a. The date, exact place, and time of sampling or measurements;
b. The individual(s) who performed the sampling or measurements;
c. The date(s) analyses were performed;
d. The individual(s) who performed the analyses;
e. The analytical techniques or methods used; and
f. The results of such analyses.
8. Inspection and Entev
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;
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b. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this
pit;
c. Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices,
or operations regulated or required under this permit; and
d. Sample .or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise
authorized by the 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).
c. The alteration or addition results in a significant change in the Permittee's sludge use or disposal practices,
and such alteration, addition or change may justify the application of permit conditions that are different
from or absent in the existing permit, including notification of additional use or disposal sites not reported
during the permit application process or not reported pursuant to an approved land application plan:
3. Anticipated Noncompliance
The Permittee shall give advance notice to the Director of any planned changes to the permitted facility or other
activities that might result in noncompliance with the permit [40 CFR 122.410) (2)].
4. Transfers
This permit is not transferable to any person without approval from the Director. The Director may require
modification or revocation and reissuance of the permit to document the change of ownership. Any such action
may incorporate other requirements as may be necessary under the CWA [40 CFR 122.410) (3)].
5. Monitoring Reports
Monitoring results shall be reported at the intervals specified elsewhere in this permit [40 CFR 122.410) (4)]
a. Monitoring results must be reported on a Discharge Monitoring Report (DMR) (See Part II. D. 2) or forms
provided by the Director for reporting results of monitoring of sludge use or disposal practices.
b. If the Permittee monitors any pollutant more frequently than required by this permit, the results of such
monitoring shall be included.in the calculation and reporting of the data submitted on the DMR.
6. Twenty-four Hour 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)].
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b. The Director may waive the written report on a case -by -case basis for reports under this section if the oral
report has been received within 24 hours.
c. Occurrences outside normal business hours may also be reported to the Division's Emergency Response
personnel at [phone], [phone] or [phone].
7. Other Noncompliance
The Permittee shall report all instances of noncompliance not reported under Part II. E. 5 and 6. of this permit at
the time monitoring reports are submitted. The reports shall contain the information listed in Part II. E. 6. of
this permit [40 CFR 122.41 (1) (7)].
8. Other Information
Where the Permittee becomes aware that it failed to submit any relevant facts in a permit application, or
submitted incorrect information in a permit application or in any report to the Director, it shall promptly submit
such facts or information [40 CFR 122.41 (1) (8)].
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 (a)(2) or Section 308 of the Federal Act, 33
USC 1318, all reports prepared in accordance with the terms shall be available for public inspection at the offices
of the Division. As required by the Act, effluent data shall not be considered confidential. Knowingly making
any false statement on any such report may result in the imposition of criminal penalties as provided for in
NCGS 143-215.1(b)(2) or in Section 309 of the Federal Act.
11. Penalties for Falsification of Reports
The CWA provides that any person who knowingly makes any false statement, representation, or certification in
any record or other document submitted or required to be maintained under this permit, including monitoring
reports or reports of compliance or noncompliance shall, upon conviction, be punished by a fine of not more
than $25,000 per violation, or by imprisonment for not more than two years per violation, or by both [40 CFR
122.41].
12. Annual Performance Reports
Permittees who own or operate facilities that collect or treat municipal or domestic waste shall provide an annual
report to the Permit Issuing Authority and to the users/customers served by the Permittee (NCGS 143-215.1C).
The report shall summarize the performance of the collection or treatment system, as well as the extent to which
the facility was compliant with applicable Federal or State laws, regulations and rules pertaining to water quality.
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The report shall be provided no later than sixty days after the end of the calendar or fiscal year, depending upon
which annual period is used for evaluation.
The report shall be sent to:
NC DENR / DWQ / Central Files
1617 Mail Service Center
.Raleigh, NC 27699-1617
PART III
OTHER REQUIREMENTS
Section A. Construction
The Permittee shall not commence construction of wastewater treatment facilities, nor add to the planes treatment
capacity, nor change the treatment process(es) utilized at the treatment plant unless the Division has issued an
Authorization to Construct (AtC) permit. Issuance of an AtC will not occur until Final Plans and Specifications for
the proposed construction have been submitted by the Permittee and approved by the Division.
Section 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";
0) 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
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 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. Evaluation of Wastewater Discharge Alternatives
The Permittee shall evaluate all wastewater disposal alternatives and pursue the most environmentally sound
alternative of the reasonably cost effective alternatives. If the facility is in substantial non-compliance with the terms
and conditions of the NPDES permit or governing rules, regulations or laws, the Permittee shall submit a report in
such form and detail as required by the Division evaluating these alternatives and a plan of action within 60 days of
notification by the Division.
Section E. Facilijy Closure Requirements
The Permittee must notify the Division at least 90 days prior to the closure of any wastewater treatment system
covered by this permit. The Division may require specific measures during deactivation of the system to prevent
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adverse impacts to waters of the State. This permit cannot be rescinded while any activities requiring this permit
continue at the permitted facility.
PART IV
SPECIAL CONDITIONS FOR MUNICIPAL FACILITIES
Section A. Definitions
In addition to the definitions in Part II of this permit, the following definitions apply to municipal facilities:
Indirect Discharge or Industrial User
Any non -domestic source that discharges wastewater containing pollutants into a POTW regulated under section
307(b), (c) or (d) of the CWA. [40 CFR 403.3 (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 NPDES Permit or prevents sewage sludge use
or disposal in compliance with specified applicable State and Federal statutes, regulations, or permits. [15A NCAC
2H.0903 (b) (13)]
Pass Through
A discharge which exits the POTW into waters of the State in quantities or concentrations which, alone or with
discharges from other sources, causes a violation, including an increase in the magnitude or duration of a violation, of
the POTWs NPDES permit, or of an instream water quality standard. [15A NCAC 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)]
"Significant Industrial User" or "SIU"
An industrial user that discharges wastewater into a publicly owned treatment works and that [15A NCAC 2H.0903
(b) (34)]:
(a) discharges an average of 25,000 gallons or more per day of process wastewater to the POTW (excluding
sanitary, noncontact cooling and boiler blowdown wastewaters) or;
(b) contributes more than 5 percent of the design flow of the POTW treatment plant or more than 5 percent of
the maximum allowable headworks loading of the POTW treatment plant for any pollutant of concern, or;
(c) is required to meet a national categorical pretreatment standard, or;
(d) is, regardless of Parts (a), (b), and (c) of this definition, otherwise determined by the POTW, the Division, or
the EPA to have a reasonable potential for adversely affecting the POTWs operation or for violating any
pretreatment standard or requirement or POTWs receiving stream standard, or to limit the POTWs sludge
disposal options.
Section B. Publicly Owned Treatment Works (POTWs)
All POTWs are required to prevent the introduction of pollutants into the POTW which will interfere with the
operation of the POTW, including interference with its use or disposal of municipal sludge, or pass through the
treatment works or otherwise be incompatible with such treatment works. [40 CFR 403.2]
All POTWs must provide adequate notice to the Director of the following [40 CFR 122.42 (b)]:
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1. Any new introduction of pollutants into the POTW from an indirect discharger, including pump and
hauled waste, which would be subject to section 301 or 306 of CWA if it were directly discharging those
pollutants; and
2. Any substantial change in the volume or character of pollutants being introduced by an indirect discharger
as influent to that POTW at the time of issuance of the permit.
3. For purposes of this paragraph, adequate notice shall include information on (1) the quality and quantity of
effluent introduced into the POTW, and (2) any anticipated impact that may result from the change of the
quantity or quality of effluent to be discharged from the POTW.
Section C. Municipal Control of Pollutants from Industrial Users.
1. Effluent limitations are listed in Part I of this permit. Other pollutants attributable to inputs from industries
using the municipal system may be present in the 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
Emits;
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 VWUTP to the Director or the appropriate Regional
Office. Any information shall be provided orally within 24 hours from the time the Permittee became
aware of the circumstances. A written submission shall also be provided within 5 days of the time the
Permittee becomes aware of the circumstances. The written submission shall contain a description of
the discharge, the investigation into possible sources; the period of the discharge, including exact dates
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and times; and if the discharge has not ceased, the anticipated time it is expected to continue; and steps
taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance,
3. With regard to the effluent requirements listed in Part I of this permit, it may be necessary for the Permittee to
supplement the requirements of the Federal Pretreatment Standards (40 CFR, Part 403) to ensure compliance
by the Permittee with all applicable effluent limitations. Such actions by the Permittee may be necessary
regarding some or all of the industries discharging to the municipal system.
4. The Permittee shall require any industrial discharger sending its effluent to the permitted system to meet
Federal Pretreatment Standards promulgated in response to Section 307(b) of the Act as amended (which
includes categorical standards and locally derived limits and narrative requirements). Prior to accepting
wastewater from any significant industrial user, the Permittee shall either develop and submit to the Division a
new Pretreatment Program or a modification of an existing Pretreatment Program, for approval as required
under section D below as well as 15A NCAC 211.0907 (a) and (b). [40 CFR 122.44 0) (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 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 0) (2)]
The Permittee shall operate its approved pretreatment program in accordance with Section 402 (b) (8) of the CWA,
40 CFR 403, 15A NCAC 211.0900, and the legal authorities, policies, procedures, and financial provisions contained
in its pretreatment program submission and Division approved modifications thereof. Such operation shall include
but is not limited to the implementation of the following conditions and requirements. Terms not defined in Part II
or Part IV of this permit are as defined in 15A NCAC 2H.0903 and 40 CFR 403.3.
Sewer Use Ordinance (SILO)
The Permittee shall maintain adequate legal authority to implement its approved pretreatment program. [15A
NCAC 2H.0905 and .0906; 40 CFR 403.8 (f) (1) and 403.9 (1), (2)]
2. Industrial Waste Survey (IWS)
The permittee shall implement an IWS consisting of the survey of users of the POTW, as required by 40 CFR
403.8 (f) (2) (i-iii) and 15A NCAC 2H.0905 [also 40 CFR 122.44 0) (1)], including identification of all industrial
users and the character and amount of pollutants contributed to the POTW by these industrial users and
identification of those industrial users meeting the definition of SIU. The Permittee shall submit a summary of
its IWS activities to the Division at least once every five years, and as required by the Division. The IWS
submission shall include a summary of any investigations conducted under paragraph B, 2, c, of this Part.
Monitoring Plan
The Permittee shall implement a Division -approved Monitoring Plan for the collection of facility specific data
to be used in a wastewater treatment plant Headworks Analysis (HWA) for the development of specific
pretreatment local limits. Effluent data from the Plan shall be reported on the DMRs (as required by Part II,
Section D, and Section E.5.). [15A NCAC 2H.0906 (b) (2) and .0905]
4. Headworks Analysis A) 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
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Permittee shall submit to the Division a written technical evaluation of the need to revise local limits (i.e., an
updated HWA or documentation of why one is not needed) [40 CFR 122.44]. The Permittee shall develop, in
accordance with 40 CFR 403.5 (c) and 15A NCAC 2H.0909, specific Local Limits to implement the
prohibitions listed in 40 CFR 403.5 (a) and (b) and 15A NCAC 2H.0909.
5. Industrial User Pretreatment Permits (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 (0 (1) (iii); NCGS 143-
215.67 (a)]
6. Authorization to Construct (AtQ
The Permittee shall ensure that an Authorization to Construct permit (AtC) is issued to all applicable industrial
users for the construction or modification of any pretreatment facility. Prior to the issuance of an AtC, the
proposed pretreatment facility and treatment process must be evaluated for its capacity to comply with all
Industrial User Pretreatment Permit (IUP) limitations. [15A NCAC 2H.0906 (b) (6) and .0905; NCGS 143-
215.1 (a) (8)]
7. POTW Inspection & Monitoring of their IUs
The Permittee shall conduct inspection, surveillance, and monitoring activities as described in its Division
approved pretreatment program in order to determine, independent of information supplied by industrial users,
compliance with applicable pretreatment standards. [15A NCAC 2H .0908(d); 40 CFR 403.8(0(2)(v)]. The
Permittee must:
a. Inspect all Significant Industrial Users (SIUs) at least once per calendar year; and
b. Sample all Significant Industrial Users (SIUs) at least twice per calendar year for all permit -limited
pollutants, once during the period from January 1 through June 30 and once during the period from
July 1 through December 31, except for organic compounds which shall be sampled at least 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. 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 2H .0908. [15A NCAC 2H .0906(b)(4) and .0905; 40 CFR 403.8(f)(1)(v) and (2)(1); 40 CFR
122.440)(2)]
9. Enforcement Response Plan (ERP),
The Permittee shall enforce and obtain appropriate remedies for violations of all pretreatment standards
promulgated pursuant to section 307(b) and (c) of the Clean Water Act (40 CFR 405 et. seq.), prohibitive
discharge standards as set forth in 40 CFR 403.5 and 15A NCAC 2H .0909, and specific local limitations. All
enforcement actions shall be consistent with the Enforcement Response Plan (ERP) approved by the Division.
[15A NCAC 2H .0906(b)(7) and .0905; 40 CFR 4038(f)(5)]
10. Pretreatment Annual Reports (PART
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 CAC 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 712009

'DES Permit Standard Conditions
Page 18of18
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 Industrial Users (IUs) in Significant
Non -Compliance (SNC);
b.) Pretreatment Program Summary (PPS)
A pretreatment program summary (PPS) on specific forms approved by the Division;
c.) Significant Non -Compliance Report (SNCR
The nature of the violations and the actions taken or proposed to correct the violations on specific forms
approved by the Division;
d.) Industrial Data Summary Forms (IDSF)
Monitoring data from samples collected by both the POTW and the Significant Industrial User (SIU)
and any monitoring data for other Industrial Users (IUs) in SNC. 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 IUs 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 Industrial Users (IUs) that were in Significant Non -Compliance
(SNC) as defined in the Permittee's Division -approved Sewer Use Ordinance with applicable pretreatment
requirements and standards during the previous twelve month period. This list shall be published within four
months of the applicable twelve-month period. [15A NCAC 2H .0903(b)(35)..0908(b)(5) and .0905 and 40
CFR 403.8(0(2)(vii1]
12. Record Keeping
The Permittee shall retain for a minimum of three years records of monitoring activities and results, along with
support information including general records, water quality records, and records of industrial impact on the
POTW. [15A NCAC 211.0908 ft 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 Significant Industrial Users (SIUs), and Monitoring Plan modifications, shall be
considered a permit modification and shall be governed by 15 NCAC 2H .0114 and 15A NCAC 211.0907.
Version 712009

Frazier, Wanda
From:
Sent:
To:
Cc:
Subject:
Attachments:
Hi Bob,
Frazier, Wanda
Thursday, September 16, 2010 4:29 PM
Sledge, Bob
Edwards, Roger
Draft NPDES Permit NCO039187
NCO039187 Draft Permit 2010. pdf; NCO039187
12-30-09.pdf; 39187 a cover page 2010.doc
Everything looks good. Attached is the most recent inspection report.
Here's what I would suggest.
Supplement to permit cover page: (see attachments)
Continue to operate 0.010 MGD extended aeration WWTP consisting of: manual bar
screen; aeration basin with dual blowers providing diffused air; clarifier with
skimmer and sludge returns; tablet chlorinator; chlorine contact chamber; and
tablet dechlorinator.
I feel that everything else in the attached documents is accurate.
ARO recommends renewal of this permit.
Let me know if you have questions or comments.
Thanks,
Wanda
Wanda Frazier
Email: [e-mail]
North Carolina Department of
Environment and Natural Resources
Asheville Regional Office
Division of Water Quality
Surface Water Protection Section
1

2090 US 70 Highway
Swannanoa, NC 28778
Switchboard: 828-296-4500 x 4662
Direct line: 828-296-4662
Fax: [phone]
Notice: E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and
therefore may be disclosed to third parties.
From: Sledge, Bob
Sent: Thursday, September 02, 2010 6:54 AM
To: Frazier, Wanda
Subject: Draft NPDES Permits
Hi Wanda,
Here are a few more draft permits for facilities in the ARO. I've sent them your way because BIMS shows you to the last
inspector to visit the site. If I've sent them to you in error, would you please forward them to the right person in the
office?
Thank you. I hope you enjoy your holiday weekend.
:•.
Bob Sledge
Environmental Specialist
Compliance & Expedited Permits Unit
NC Division of Water Quality
[e-mail]
[phone]
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.
2

UMA
14j
w
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue
Governor
Mr. Charles W. Burkett, IV
Valley View of Asheville, LLC
801 Alton Road; Suite 2
Miami Beach, FL 33139
Subject: Draft NPDES Permit
Permit N00039187
Coleen H. Sullins
Director
September 1, 2010
Valley View Shopping Center WWTP
Buncombe County
Dear Mr. Burkett:
Dee Freeman
Secretary
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 the following change from the terms of your current permit:
e The facility description has been updated to reflect recent upgrades to components within the
WWTP. The design capacity of the facility has not been changed.
• A footnote has been added regarding the reporting and compliance determination of Total Residual
Chlorine values.
Please note that the receiving stream is listed as an impaired waterbody on the North Carolina 303(d)
Impaired Waters List. Addressing impaired waters is a high priority with the Division, and instream
data will continue to be evaluated. If there is noncompliance with permitted effluent limits and stream
impairment can be attributed to your facility, mitigative measures may be required.
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 October 2010, with an effective date of
December 1, 2010.
1617 Mail Service Center, Raleigh, North Carolina 27699-1617 o:ne
Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 NorthCarohna
Phone: [phone] FAX: [phone] \ Customer Service: 1-877-623-6746
Internet: httpJ/portal.ncdenr.org/web/wq
An Equal Opportunity 1 Affirmative Action Employer c/

Mr. Charles W. Burkett, IV
NC0039187 Renewal Draft
p. 2
If you have any questions or comments concerning this draft permit, call me at [phone], or
contact me via e-mail at [e-mail].
Sincerely,
fb ledge
Point Source Branch
cc: NPDES Files
Central Files
James & James Environmental Management
ec: Asheville Regional Office/Surface Water Protection Section
TACU — James Pugh

Permit N00039187
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF. WATER QUALITY
PERMIT
TO DISCHARGE WASTEWATER UNDER THE
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
In compliance with the provisions of North Carolina General Statute 143-215.1, other lawful standards
and regulations promulgated and adopted by the North Carolina Environmental Management
Commission, and the Federal Water Pollution Control Act, as amended,
Valley View of Asheville, LLC
is hereby authorized to discharge wastewater from a facility located at the
Valleyview Shopping Center WWTP
U.S. Highway 19/23
west of Candler
Buncombe County
to receiving waters designated as an unnamed tributary to Hominy Creek in the French Broad River
Basin in accordance with effluent limitations, monitoring requirements, and other conditions set forth
in Parts I, II, III and IV hereof.
This permit shall become effective
This permit and authorization to discharge shall expire at midnight on October 31, 2015.
Signed this day
DRAFT
Coleen H. Sullins, Director
Division of Water Quality
By Authority of the Environmental Management Commission

Permit NC0039187
SUPPLEMENT TO PERMIT COVER SHEET
All previous NPDES Permits issued to this facility, whether for operation or discharge are hereby
revoked, and as of this 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.
Valley View of Asheville, LLC
is hereby authorized to:
1. Continue to operate an existing 0.01 MGD wastewater treatment facility with the following
components:
♦ Extended aeration wastewater treatment
♦ Chlorine disinfection
♦ Tablet dechlorination
This facility is located off of U.S. Highway 19/23, west of Candler at the Valley View Shopping
Center WWTP in Buncombe County.
2. Discharge from said treatment works at the location specified on the attached map into an unnamed
tributary to Hominy Creek, classified C waters in the French Broad River Basin.

Permit NCO039187
s i
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Quad: Enka, N.C. NCO039187 Facility
Latitude: 35-32'34"_
Location
Longitude: 82°43'52" Valley View Shopping
Stream Class: C Center WWTP
Subbasin: 40302
Receiving Stream: UT Hominy Creek SCALE 1:24000

Permit NCO039187
A. (L) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS - DRAFT
During the period. beginning on the effective date of this permit and lasting until expiration, the
Permittee is authorized to discharge from outfall 001. Such discharges shall be limited and monitored
by the Permittee as specified below:
EFFL�EEdT °�
LINftTS i
� � N��% ll�
O iNG RE4UIREMEIdT5`
HA�RA�TERISTICS � `
f.
��
Moat#�I�,
� Daily E
Measurementk
Sample Tjrpe
Sampte Loca#rc�tl
.
y averages
Maxrmuro
Frequency
z .
Flow
0.01 MGD
Weekly
Instantaneous
Influent or Effluent
BOD, 5-day (20°C)
30.0 mg/L
45.0 mg/L
Weekly
Grab
Effluent
Total Suspended Residue
30.0 mg/L
45.0 mg/L
Weekly
Grab
Effluent
NH3 as N
7.0 mg/L
35.0 mg/L
Weekly
Grab
Effluent
April 1 — October 31
NH3 as N
18.0 mg/L
35.0 mg/L
Weekly
Grab
Effluent
November 1 — March 31
Fecal Coliform
(geometric mean)
200 / 100 ml
400 / 100 ml
Weekly
Grab
Effluent
Total Residual Chlorines
28 Ng/L
2/Week
Grab
Effluent
Temperature (°C)
Weekly
Grab
Effluent
pH2
Weekly
Grab
Effluent
Footnotes:
1. The Division shall consider all effluent TRC values reported below 50 µg/L to be in compliance
with the permit. However, the Permittee shall continue to record and submit all values reported by
a North Carolina certified laboratory (including field certified), even if these values fall below 50
µme--
2. The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units.
There shall be no discharge of floating solids or visible foam in other than trace amounts.

North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
May 6, 2010
JUANITA JAMES
JAMES AND JAMES ENVIRONMENTAL MANAGEMENT INC
3801 ASHEVILLE HWY .
HENDERSONVILLE NC 28791
Subject: Receipt of permit renewal application
NPDES Permit NC0039187
Valleyview Shopping Center
Buncombe County
Dear Ms. James:
The NPDES Unit received your permit renewal application on May 6, 2010. A member of the NPDES
Unit will review your application. They will contact you if additional information is required to complete your
permit renewal. You should expect to receive a draft permit approximately 30-45 days before your existing permit
expires.
If you have any additional questions concerning renewal of the subject permit, please contact Bob Sledge at
[phone].
Sincerely,
Dina Sprinkle
Point Source Branch
41
cc: CENTRAL FILES
r'
Ash 1' e ' e ce/Surface Water Protection
'
NPDES Unitgionalk*IE,
'
us
1617 Mail Service Center, Raleigh, North Carolina 27699-1617
Location: 512 N. Salisbury St. Raleigh, North Carolina 27604
Phone: [phone] \ FAX: [phone] Customer Service: 1-877-623-6748
•Yy�
Internet: www.ncwaterquality.org
An Equal Opportunity l Affirmative Action Employer
11E: k t'.-.✓yc+f,� .k :w 4n' i 1..., RrT
.. 'Ua.w,..i.:v.ud....4:Q::•,.;6e h�..:li{!,.iYiad.uu�:.�iL�a:,o...e,ws-.m.x �'•
MAY 10 2010 v
WATER QUALITY SECTION
ASHEVfLI_E REGIONAL OFFICE
Tone.

James & James Environmental Management, Inc.
3801 Asheville Hwy., Hendersonville, N. C. 28791
OFFICE: [phone] FAX: [phone]
April 22, 2010
N. C. Department of Environment and Natural Resources
Division of Water Quality/NPDES Unit
1617 Mail Service Center
Raleigh, N. C. 27699-1617
Regarding All Waste Water Facilities Operated by James & James
To Whom It May Concern:
This letter is to request the renewal for the waste water treatment facility of Valleyview Shopping
Center, NPDES number NC0039187.
Sincerely
Imp 4 4,�
Juanit names
James and James Environmental Mgt., Inc.

NPDES APPLICATION FOR PERMIT RENEWAL - FORM D
For privately owned treatment systems treating 100% domestic wastewaters <0.1 MGD
Mail the complete application to:
N. C. Department of Environment and Natural Resources
Division of Water Quality / NPDES Unit
1617 Mail Service Center, Raleigh, NC 27699-1617
NPDES Permit INCO039187
If you are completing this form in computer use the TAB key or the up — down arrows to move from one
field to the next. To check the boxes, click your mouse on top of the box. Otherwise, please print or type.
1. Contact Information:
Owner Name
Facility Name
Mailing Address
City
State / Zip Code
Telephone Number
Fax Number
e-mail Address
BURKETT CORP
VALLEYVIEW SHOPPING CENTER
801 ALTON ROAD SUITE 2
MIAMI BEACH
FLORIDA 33139
[phone]
[phone]
2. Location of facility producing discharge:
Check here if same address as above ❑
Street Address or State Road US HIGHWAY 19/23
City CANDLER
State / Zip Code NORTH CAROLINA 28715
County BUNCOMBE
3. Operator Information:
Name of the firm, public organization or other entity that operates the facility. (Note that this is not
referring to the Operator in Responsible Charge or ORC)
Name JAMES & JAMES ENVIRONMENTAL MGT., INC.
Mailing Address P.O. BOX 519
City MOUNTAIN HOME
State / Zip Code NORTH CAROLINA 28758
Telephone Number [phone]
Fax Number [phone]
1 of 4 Form-D 1/06

NPDES APPLICATION FOR PERMIT RENEWAL - FORM D
For privately owned treatment systems treating 100% domestic wastewaters <0.1 MGD
4. Description of wastewater:
Facility Generating Wastewater(check all that apply):
Industrial
❑
Number of Employees
Commercial
®
Number of Employees
Residential
❑
Number of Homes
School
❑
Number of Students/ Staff
Other
❑
Explain:
Describe the source(s) of wastewater (example: subdivision, mobile home park, shopping centers,
restaurants, etc.):
SHOPPING CENTER
` Lll
Population served:
5. Type of collection system
® Separate (sanitary sewer only) ❑ Combined (storm sewer and sanitary sewer)
6. Outfall Information:
Number of separate discharge points 1
Outfall Identification number(s) 001
Is the outfall equipped with a diffuser? ❑ Yes ® No
7. Name of receiving stream(s) (Provide a map showing the exact location of each outfall):
HOMINY CREEK IN THE FRENCH BROAD RIVER BASIN
S. Frequency of Discharge: ® Continuous ❑ Intermittent
If intermittent:
Days per week discharge occurs: Duration: _
9. Describe the treatment system
List all installed components, including capacity, provide design removal for BOD, TSS, nitrogen and
phosphorus. If the space provided is not sufficient, attach the description of the treatment system in a
separate sheet of paper.
A 0.01 MGD FACILTY WITH EXTENDED AERATION WASTEWATER TREATMENT AND
CHLORINE DISINFECTION
2 of 4 Form-D 1 /06

NPDES APPLICATION FOR PERMIT RENEWAL - FORM D
For privately owned treatment systems treating 100% domestic wastewaters <0.1 MGD
10. Flow Information:
Treatment Plant Design flow 0.01 MGD
Annual Average daily flow 0.0004 MGD (for the previous 3 years)
Maximum daily flow 0.001 MGD (for the previous 3 years)
11. Is this facility located on Indian country?
❑ Yes ® No
12. Effluent Data
Frouide data for the parameters listed. Fecal Coliform, Temperature and pH shall be grab samples, for all other
parameters 24-hour composite sampling shall be used. Effluent testing data must be based on at least three samples
and must be no more than four and one half years old.
Parameter
Daily
Maximum
Monthly
Average
Units of
Measurement
Number of
Samples
Biochemical Oxygen Demand
(BODS)
8.7
6.0
MG/L
4
Fecal Coliform
8.7
2.0
#/ 100ML
4
Total Suspended Solids
43.7
22.3
MG/L
3
Temperature (Summer)
22.1
20.8
C
4
Temperature (Winter)
8.9
9.6
C
2
pH
8.0
7.7
UNITS
4
13. List all permits, construction approvals and/or applications:
Type Permit Number Type
Hazardous Waste (RCRA) NESHAPS (CAA)
UIC (SDWA) Ocean Dumping (MPRSA)
NPDES NCO039187 Dredge or fill (Section 404 or CWA)
PSD (CAA) Special Order of Consent (SOC)
Non -attainment program (CAA) Other
14. APPLICANT CERTIFICATION
I certify that I am
best of my knowled
Printed name of
Permit Number
with the information contained in the application and that to the
elief such information is tru , complet(e,�an • ac u te.
, V T7:
tle
3 of 4 f/f ( f Form-D 1/06

NPDES AlrrLICA
N FOR PERMIT RENEWAL - FORM D
For privately owned trea
Signature of Applicant
treating 100% domestic waltewatprs <0.1 MGD
Date
North Carolina General StatYte'43 15.6 (b)(2) states: Any person who knowingly makes any false statement
representation, or certificatioa application,recordreportplanor other document files orrequired tobe
maintained under Article 21e lations of thenironmental ManagementCommssion implementing thatArticle, or who falsifies, tampit , or knowly renders inaccurate any recording or monitoring device or method
required to be operated or maintained under Article 21 or regulations of the Environmental Management
Commission implementing that Article, shall be guilty of a misdemeanor punishable by a fine not to exceed
$25,000, or by imprisonment not to exceed six months, or by both. (18 U.S.C. Section 1001 provides a
punishment by a fine of not more than $25,000 or imprisonment not more than 5 years, or both, for a similar
offense.)
4 of 4 Form-D 1l06

James & James Environmental Management, Inc.
3801 Asheville Hwy., Hendersonville, N. C. 28791
OFFICE: [phone] FAX: [phone]
April 22, 2010
N. C. Department of Environment and Natural Resources
Division of Water Quality/NPDES Unit
1617 Mail Service Center
Raleigh, N. C. 27699-1617
Regarding All Waste Water Facilities Operated by James & James
To Whom It May Concern:
Sludge from this facility (Valleyview Shopping Center) is pumped by Mike's Septic Tank Service and is
permitted to be dumped at Brevard Waste Treatment System and MSD.
Sincerely
Juanita es
James and James Environmental Mgt., Inc.

Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
January 18, 2007
Charles W Burkett
Valley View of Asheville, LLC
801 Alton Road, Suite 2
Miami Beach, FL 33139
Subject: NPDES Permit Modification
Permit NCO039187
Valley View Shopping Center
former owner: Lone Star Equities, Inc.
Buncombe County
Dear Mr. Burkett:
Division personnel have reviewed and approved your request to transfer ownership of the subject permit,
received on December 27, 2006. This permit modification documents the change in ownership.
Please find enclosed the revised permit. All other terms and conditions contained in the original permit remain
unchanged and in full effect. This permit modification is issued under the requirements of North Carolina General
Statutes 143-215.1 and the Memorandum of Agreement between North Carolina and the U.S. Environmental
Protection Agency.
If you have any questions concerning this permit modification, please contact the Point Source Branch at (919)
733-5083 extension 363.
cc: Central Files
(Asheville , ional@Df ice, ur• ace W.,ate r Pr, - ctiori :
NPDES Unit File
Sincerely,
1-4
0101 a W. Klimek, P.E.
� J I.
1E
L J A N 2.3 2007
' N
s ,
WATER OUAUTY SECTION
ASI-IEVILLE REGIONAL OFFI'"DE
N"pr� hCarolina
Natimally
North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone [phone] Customer Service
Internet: h2o.enr.state.nc.us 512 N. Salisbury St. Raleigh, NC 27604 FAX [phone]
An Equal Opportunity/Affirmative Action Employer — 50% Recycled/10% Post Consumer Paper

Permit NCO039187
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
PERMIT
TO DISCHARGE WASTEWATER UNDER THE
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
In compliance with the provisions of North Carolina General Statute 143-215.1, other lawful standards
and regulations promulgated and adopted by the North Carolina Environmental Management
Commission, and the Federal Water Pollution Control Act, as amended,
Valley View of Asheville, LLC
is hereby authorized to discharge wastewater from a facility located at the
Valleyview Shopping Center WWTP
U.S. Highway 19/23
west of Candler
Buncombe County
to receiving waters designated as an unnamed tributary to Hominy Creek in the French Broad River
Basin in accordance with effluent limitations, monitoring requirements, and other conditions set forth
in Parts I,11, III and IV hereof.
This permit shall become effective January 11, 2007.
This permit and authorization to discharge shall expire at midnight on October 31, 2010.
Signed this day January 11, 2007.
0,r,._ lan W. Klimek, P.E., Director
Division of Water Quality
By Authority of the Environmental Management Commission

Permit NC0039187
SUPPLEMENT TO PERMIT COVER SHEET
All previous NPDES Permits issued to this facility, whether for operation or discharge are hereby
revoked, and as of this 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.
Valley View of Asheville, LLC is hereby authorized to:
1. Continue to operate an existing 0.01 MGD wastewater treatment facility with the following
components:
♦ Extended aeration wastewater treatment
♦ Chlorine disinfection
This facility is located on U.S. Highway 19/23 west of Candler at the Valleyview Shopping Center
WWTP in Buncombe County.
2. Discharge from said treatment works at the location specified on the attached map into an unnamed
tributary to Hominy Creek, classified C waters in the French Broad River Basin.

Permit NCO039187
A. (1.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS - FINAL
During the period beginning December 1, 2005 and lasting until expiration, the Permittee is authorized
to discharge from outfall 001. Such discharges shall be limited and monitored by the Permittee as
specified below:
EFFLUENT
CHARACTERISTICS
- LIM. ITS :
MONITORING REQUIREMENTS-. `
Monthly',
Avera e .
Daily
Maximum
Measurement"
Fre uenc
Sample
Type .:
Sample Location .
Flow
0.01 MGD
Weekly
Instantaneous
Influent or Effluent
BOD, 5-day (20°C)
30.0 mg/L
45.0 mg/L
Weekly
Grab
Effluent
Total Suspended Residue
30.0 mg/L
45.0 mg/L
Weekly
Grab
Effluent
NH3 as N
(April 1 — October 31)
7.0 mg/L
35.0 mg/L
Weekly
Grab
Effluent
NH3. as N
(November 1 — March 31)
18.0 mg/L
35.0 mg/L
Weekly
Grab
Effluent
Fecal Coliform
(geometric mean)
200 / 100
m1
400 / 100 ml
Weekly
Grab
Effluent
Total Residual Chlorines
28 µg/L
2/Week
Grab
Effluent
Temperature (°C)
Weekly
Grab
Effluent
pH2
Weekly
Grab
Effluent
Footnotes:
1. The limit for total residual chlorine will take effect June 1, 2007. Until then, the permittee shall monitor
TRC (with no effluent limit).
2. The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units.
THERE SHALL BE NO DISCHARGE OF FLOATING SOLIDS OR VISIBLE FOAM IN OTHER THAN TRACE AMOUNTS.

... 7i® .
FILIE
NC®ENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Pat McCrory Thomas A. Reeder John E. Skvarla, III
Governor Acting Director Secretary
July 2, 2013
Mr. Charles W. Burkette, Manager
Valley View of Asheville LLC
Suite 2
801 Atton Road
Miami Beach, Florida 33139
Subject: NOTICE OF DEFICIENCY
NOD-2013-LV-0083
Permit No. NCO039187
Valley View Shopping Center WWTP
Buncombe County
Dear Mr. Burkette:
A review of Valley View Shopping Center's WWTP monitoring report for March 2013 showed the
following violation:
Parameter
Date
Limit Value
Reported
Limit Type
Value
Solids, Total Suspended -
03/31/2013
30 mg/I
30.8 mg/I
Monthly Average
Concentration
I Exceeded
It was also noted that the Compliance box on the back of the DMR was marked "Compliant" when in
fact it should have been marked "Non -Compliant" with an explanation for the non-compliance
Remedial actions should be taken to correct this problem. The Division of Water Quality may pursue
enforcement action for this and any additional violations of State law. If you should have any questions,
please do not hesitate to contact Janet Cantwell or me at 8281296-4500. /111,
c- ffi. �idsai19e ells
DWQ Central Files
James & James Environmental/ ORC
Sincerely,
Chuck Cranf6d, Regional Supervisor
Surface Water Protection Section
S:\SWP\Buncombe\Wastewater\Minors\Valley View Shopping Center 39187\NOD-2013-LV-0083.doc
Noe Carolina
Ntura!!y
North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, N.C. 28778 Phone[phone]
Internet: www.ncwaterguality.org FAX [phone]

NCDENR
North Carolina Department of Environment and
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
Natural Resources
SURFACE WATER PROTECTION SECTION
Mr. Charles W. Burkette
Valley View of Asheville LLC
801 Afton Road; Suite 2
Miami Beach, FL 33139
Dear Mr. Burkette:
March 10, 2011
Dee Freeman
Secretary
SUBJECT: Compliance Evaluation Inspection
Valley View Shopping Center WWTP
Permit No: NCO039187
Buncombe County
Enclosed please find a copy of the Compliance Evaluation Inspection report from the
inspection conducted on March 2, 2011. The facility was found to be in compliance with permit
NC0039187.
Please refer to the enclosed inspection report for additional observations and comments.
If you or your staff should have any questions, please call me at 828-296-4500 extension 4662.
Sincerely,
G
Wanda P. Frazier
Environmental Specialist
Enclosure
cc: James & James, ORC
Central Files
1=
S:\SWP\Buncombe\Wastewater\Minors\Valley View Shopping Center 39187\CEI 3-2-11.doc
SURFACE WATER PROTECTION —ASHEVILLE REGIONAL OFFICE Noni'thCarollna
Location: 2090 U.S. Highway 70, Swannanoa, NC 28778 a?atut,Q//
Phone: [phone] FAX: [phone] Customer Service: 1-877-623-6748 �/ y L[y
Internet: www.ncwaterguality.org

United States Environmental Protection Agency
Form Approved.
Washington, D.C. 20460
EPA
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 FacType
1 I NI 2 15I 31 N00039187 Ill 121 11/03/02 117 18LCI 19I SI 20I I
Remarks
2111111111111111111111111IIIIIIIIIIIIIIIIIIIII M 6
Inspection Work Days Facility Self -Monitoring Evaluation Rating 131 QA -- Reserved
67I 1.0 169 70 U 711 I 721 NJ 73I I' 74 751 I I I I I I 180
W
Section B: Facility Data
Name and Location of Facility Inspected For Industrial Users discharging to POTW, also include
Entry Time/Date
Permit Effective Date
POTW name and NPDES permit Number)
12:45 PM 11/03/02
10/12/01
Valley View Shopping Center
V1y View shopping cent
Exit Time/Date
Permit Expiration Date
Candler NC 28715
01:15 PM 11/03/02
15/10/31
Name(s) of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s)
Other Facility Data
Name, Address of Responsible OfficialfTitle/Phone and Fax Number
Contacted
Charles W Burkette,801 Atton Rd Miami Beach FL 33139//305-534-0102/ No
Section C: Areas Evaluated During Inspection (Check only those areas evaluated)
Permit 0 Operations & Maintenance 0 Records/Reports Facility Site Review
Effluent/Receiving Waters
Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary)
(See attachment summary)
Name(s) and Signature(s) of Inspector(s) Agency/Office/Phone and Fax Numbers Date .
Wanda P Frazier ARO WQ//828-296-4500 Ext.4662/
Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date
3 bV ►
EPA Form 3560-3 (Rev 9-94) Previous editions are obsolete.
Page # 1

NPDES yr/mo/day Inspection Type
3I NCO039187 I11 12I 11/03/02 1
17 18ICI
(Cont. )
Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary)
FACILITY DESCRIPTION: Burkett Corp. — Valley View of Asheville, LLC - Valleyview Shopping Center
COLLECTION SYSTEM:
The collection system consists of < 12 connections.
The shopping center has been closed for — 2 years. The news stand operated during that time, but
is now closed, as well.
WASTEWATER TREATMENT PLANT (WWTP):
The WWTP consists of a 0.010 MGD extended aeration WWTP with: (no bar screen);
aeration basin with dual blowers providing diffused air;
rectangular hoppered clarifier with skimmer and sludge returns;
tablet chlorinator;
chlorine contact chamber; and
tablet dechlorinator.
Annual Average Flow: 0.0004 MGD
Sludge Management: Commercial hauler (Mike's Septic Service) to MSD or the City of Brevard's
WWTPs.
PERMIT / INSPECTION / LOG:
A review of the files indicates that the last compliance evaluation inspection was conducted on
12-30-2009 by Wanda Frazier.
The daily operator log was present on -site and had good notation of daily events.
OPERATIONS AND MAINTENANCE / EFFLUENT / SUMMARY:
Ms. Juanita James, ORC contractor, assisted in the inspection and appears to be maintaining the
facility very well.
Since the shopping center is closed, there was no flow.
SYSTEM PERFORMANCE ANNUAL REPORT (SPAR):
The 2009 System Performance Annual Report was received by the Division on 3-4-2010.
Page # 2

Permit: NCO039187
Inspection Date: 03/02/2011
Owner - Facility: Valley View Shopping Center
Inspection Type: Compliance Evaluation
(If the present permit expires in 6 months or less). Has the permittee submitted a new application?
n
n ■
n
Is the facility as described in the permit?
■
0
# Are there any special conditions for the permit?
❑
■ n
n
Is access to the plant site restricted to the general public?
■
0 n
Is the inspector granted access to all areas for inspection?
■
fl El
0
Comment:
Operations & Maintenance
Yes
No NA
NE
Is the plant generally clean with acceptable housekeeping?
■
0 ❑
El
Does the facility analyze process control parameters, for ex: MLSS, MCRT, Settleable Solids, pH, DO, Sludge n
n ■
n
Judge, and other that are applicable?
Comment:
Disinfection -Tablet
Yes
No NA
NE
Are tablet chlorinators operational?
■
0
Are the tablets the proper size and type?
■
0
Number of tubes in use?
Is the level of chlorine residual acceptable?
❑
❑
❑
■
Is the contact chamber free of growth, or sludge buildup?
■
❑
n
Is there chlorine residual prior to de -chlorination?
❑
❑
0
■
Comment:
De -chlorination
Yes
No
NA
NE
Type of system ?
Tablet
Is the feed ratio proportional to chlorine amount (1 to 1)?
0
❑
■
El
Is storage appropriate for cylinders?
n
n
■
n
# Is de -chlorination substance stored away from chlorine containers?
n
n
■
n
Comment:
Are the tablets the proper size and type?
■
n
n
n
Are tablet de -chlorinators operational?
■
n
n
Cl
Number of tubes in use?
1
Comment:
Page # 3

JAMES & JAMES ENVIRONMENTAL MANAGEMENT, INC
PO BOX 1354, MOUNTAIN HOME, NC 28758
[phone] OFFICE
[phone] FAX
PERFORMANCE ANNUAL REPORT - 2010
Valleyview Shopping Center Mr. Charles Burkett Permit Number: NCO039187
System Description
An extended aeration basin with gravity flow influent into a 10,000 gallon treatment facility,
clarifier, tablet feed chlorinator, chlorine contact chamber, tablet feed de -chlorinator, and effluent gravity
line.
Performance
The facility was shut down completely late 2009 and has not reopened. The owner is doing
renovations on the building with plans to re -lease the stores. There was two days of discharge during the
renovations in March, 2010.
Violations and corrective actions taken
None
This report has been sent to the Owner with directions to give notification of the availability of this report
to each of their users. A certified statement will be sent to the State when this notice has been issued.
I certify under penalty of law that this report is complete and accurate to the best of my knowledge. I
further certify that this report has been made available to the users or customers of the named system and
that those users have been notified of its availability. I also certify that this report has been given to the
owner of this facility with explicit directions to make the user aware of the availability of this report and the
location with which a copy can be viewed or received. James & James Environmental Mgt., Inc cannot
certify that the latter has been completed and will enclose a letter of certification to be mailed to the State
of North Carolina on behalf of this entity along with all pertinent information regarding this system for the
conclusion of this requirement.
thank you,
Jf ita'James
James & James Environmental Management, Inc.
rv:i..++au.,.err-+�e�wi.yy.,a�.+:cmw.auex.ti+.�abo.a±fr,:•a .cv�xnw:. •
µ:
u:r pan T�vi+a:�.�.wwc�. � .r. m..r , f? trK,�_.e,,.wrS'ts �i�,.+•a
.
s�r
o-

PERFORMANCE ANNUAL REPORT — 2010
Valleyview Shopping Center Mr. Charles Burkett
Permit Number: NCO039187
A copy of the Performance Annual Report has already been filed with the
State of North Carolina Division of Water Quality in triplicate by James &
James Environmental Management, Inc. and should be in your possession at
this time. On that report, the certification was stated that I, the responsible
party of this facility, has received a copy of this report and was directed to
give the users knowledge of this report and access to it.
Therefore:
I certify under penalty of law that this report prepared by James & James
Environmental Management, Inc. is complete and accurate to the best of my
knowledge. I further certify that this report has been made available to the
users or customers of this documented system and that those users have been
notified of its availability.
Thank you,
Mr. Charles Burkett
Valleyview Shopping Center

1-4 L,
JAMES & JAM ES ENVIRONMENTAL MANAGEMENT, INC
PO BOX 1354, MOUNTAIN HOME, NC 28758
[phone] OFFICE
[phone] FAX
PERFORMANCE ANNUAL REPORT - 2009
Valleyview Shopping Center Mr. Charles Burkett Permit Number: NCO039187
System Description
An extended aeration basin with gravity flow influent into a 10,000 gallon treatment facility,
clarifier, tablet feed chlorinator, chlorine contact chamber, tablet feed de -chlorinator, and effluent gravity
line.
Performance
This system operated very well this year. There was no damage to the building from delivery
trucks and no mechanical breakdowns. The facility was shut down completely the end of the year due to
no occupants in the building. The owner is doing renovations on the building with plans to re -lease the
stores.
Violations and corrective actions taken
None
This report has been sent to the Owner with directions to give notification of the availability of this report
to each of their users. A certified statement will be sent to the State when this notice has been issued.
I certify under penalty of law that this report is complete and accurate to the best of my knowledge. I
further certify that this report has been made available to the users or customers of the named system and
that those users have been notified of its availability. I also certify that this report has been given to the
owner of this facility with explicit directions to make the user aware of the availability of this report and the
location with which a copy can be viewed or received. James & James Environmental Mgt., Inc cannot
certify that the latter has been completed and will enclose a letter of certification to be mailed to the State
of North Carolina on behalf of this entity along with all pertinent information regarding this system for the
conclusion of this requirement.
Thank you,
J 'ta James
James & James Environmental Management, Inc.
2/28/10
CE
I
I�
iB,R 1 6 2010
�...�
WATER QUALITY SECTION
,a.SHE rILLE FIE I- OFFICE,
u
7 f
i( MAP,

WIPFA
North Carolina Department of Environment and
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
'l.�>.. �:^'3�-U} fi,'nafiF JJ+f ;Jo• s,e'..
Natural Resources
SURFACE WATER PROTECTION SECTION
Charles W. Burkett
Valley View of Asheville LLC
801 Alton Road; Suite 2
Miami Beach FL 33139
Dear Mr. Burkett:
January 7, 2010
Dee Freeman
Secretary
SUBJECT: Compliance Evaluation Inspection
Valley View Shopping Center
Permit No: NCO039187
Buncombe County
Enclosed please find a copy of the Compliance Evaluation Inspection form from the
inspection conducted on December 30, 2009. The facility was found to be in compliance with
permit NC0085952.
Please refer to the enclosed inspection report for additional observations and comments.
If you or your staff should have any questions, please call me at 828-296-4662.
Sincerely,
Wanda P. Frazier
Environmental Specialist
Enclosure
cc Central Files
A hevllle ' Ike
SURFACE WATER PROTECTION —ASHEVILLE REGIONAL OFFICE
Location: 2090 U.S. Highway 70, Swannanoa, NC 28778
Phone: [phone] FAX: [phone] Customer Service: 1-877-623-6748
Internet: www.newatergualitV.org
NorthCarolina
A6ltuwl J
0

United States Environmental Protection Agency
Form Approved.
EPA Washington, D.C. 20460
OMB No. 2040-0057
Water Compliance Inspection Report
Approval expires8-31-98
Section A: National Data System Coding (i.e., PCS)
Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type
1 I NI 2 15I 31 NCO039187 111 121 09/12/30 117 18I CI 191 SI 201 I
Remarks
211 IIIIIII IIIIII11 II11 IIIIIIII I I I I I I I I IIIIIIIIII16
Inspection Work Days Facility. Self -Mon itoring Evaluation Rating B1 QA ---- — - - - - -Reserved----------
671 1.0 169 70I 3 I 711 I 72 I N I 73I I' 74 751 I I I I I Li
W
Section B: Facility Data
Name and Location of Facility Inspected (For Industrial Users discharging to POTW, also include
Entry Time/Date
Permit Effective Date
POTVV name and NPDES permit Number)
Valley View Shopping Center
10:45 AM 09/12/30
05/12/01
Exit Time/Date
Permit Expiration Date
Vly View Shopping Cent
Candler NC 28715
10:50 AM 09/12/30
10/10/31
Name(s) of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s)
Other Facility Data
Joseph Carmon Simmons/ORC/828-898-6277/
Name, Address of Responsible Official/Title/Phone and Fax Number
Contacted
Charles W Burkette,801 Atton Rd Miami Beach FL 33139//305-534-0102/
No
Section C: Areas Evaluated During Inspection (Check only those areas evaluated)
Permit Operations & Maintenance 0 Records/Reports Facility Site Review
EfFluenUReceiving Waters
Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary)
(See attachment summary)
Name(s) and Signature(s) of Inspector(s) Agency/Office/Phone and Fax Numbers Date
Wanda P Frazier ARO WQ//828-296-4500Ext.4662/
Signature of Management Q A Reviewer Agency/Office/Phone d Fax Numbers Date
c.. l% . _,,`
414 , 117X,C/e
EPA Form 3560-3 (Rev 9-94) Previous editions are obsolete.
Page # 1

NPDES yr/mo/day Inspection Type
NCO039187 I11 12I 09/12/30 117 18ICI
(Cont. )
Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary)
OPERATIONS AND MAINTENANCE / EFFLUENT / SUMMARY:
Ms. Juanita James, assisted in the inspection.
There are no businesses open in shopping center, therefore there was no flow of wastewater to the
treatment plant at the time of the inspection.
PERMIT / INSPECTION / LOG:
A review of the files indicates that the last compliance evaluation inspection was conducted on
12-19-2008 by Wanda Frazier.
A copy of the current permit was on -site.
The permit expires on 10-31-2010. Please request a permit renewal 6 months prior to expiration.
A renewal notice will be mailed as a reminder.
The log book was present on -site and had good notation of daily events.
PERFORMANCE ANNUAL REPORT:
The 2008 Annual Performance Report had been filed for the year.
The 2009 Annual Report is due no later than 60 days of the end of the reporting period.
(Note: The owner or operator of any wastewater treatment works or wastewater collection systems that
treats or collects primarily domestic or municipal waste must provide an Annual Report to its users or
customers and to the Department of Environment and Natural Resources that summarizes the treatment
works' and collection system's performance over a 12 month period.)
Page # 2

n
Permit: NCO039187 Owner - Facility: Valley View Shopping Center
Inspection Date: 12/30/2009 Inspection Type: Compliance Evaluation
Permit
Yes
No
NA
NE
(If the present permit expires in 6 months or less). Has the permittee submitted a new application?
n
n
■
n
Is the facility as described in the permit?
■
n
n
n
# Are there any special conditions for the permit?
n
■
n
n
Is access to the plant site restricted to the general public?
■
n
n
n
Is the inspector granted access to all areas for inspection?
■
n
n
n
Comment:
Disinfection -Tablet
Yes
No
NA
NE
Are tablet chlorinators operational?
■
n
n
❑
Are the tablets the proper size and type?
■
n
❑
n
Number of tubes in use?
2
Is the level of chlorine residual acceptable?
■
n
n
n
Is the contact chamber free of growth, or sludge buildup?
■
n
n
n
Is there chlorine residual prior to de -chlorination?
■
n
n
n
Comment:
De -chlorination
Yes
No
NA
NE
Type of system ?
Tablet
Is the feed ratio proportional to chlorine amount (1 to 1)?
❑
❑
■
n
Is storage appropriate for cylinders?
n
n
■
n
# Is de -chlorination substance stored away from chlorine containers?
M
n
n
n
Comment:
Are the tablets the proper size and type?
■
n
n
n
Are tablet de -chlorinators operational?
■
❑
❑
❑
Number of tubes in use?
1
Comment:
Operations & Maintenance
Yes
No
NA
NE
Is the plant generally clean with acceptable housekeeping?
■
n
n
n
Does the facility analyze process control parameters, for ex: MLSS, MCRT, Settleable Solids, pH, DO, Sludge. n ❑ ❑ 0—
Judge, and other that are applicable?
Comment:
Page # 3

JAMES & JAMES ENVIRONMENTAL MANAGEMENT,
k PO BOX 1354 MOUNTAIN HOME, NC 28758
-- 828 697-0063 OFFICE
[phone] FAX 1
MAR - 6 2009
PERFORMANCE ANNUAL REPORT - 20082U.1,11TY SECTION
OMCE
Valleyview Shopping Center Mr. Charles Burkett Permit Number: LNG-003J18-'
System Description
An extended aeration basin with gravity flow influent into a 10,000 gallon treatment facility,
clarifier, tablet feed chlorinator, chlorine contact chamber, tablet feed de -chlorinator, and effluent gravity
line.
Performance for 2008
This system operated very well this year. There was no damage to the building from delivery
trucks and no mechanical breakdowns. The flow to this ,system is very low during the week and moderate
on the weekends due to the Church that is held on Sunday's.
Violations for 2008 and corrective actions taken
February 21, 2008 — TSS @ 54 mg/1— the: effluent was clear; there was carryover of de-chlor
tablet on the TSS filter; the operator was instructed to sample more carefully.
This report has been sent to the Owner with directions to give notification of the availability of this report
to each of their users. A certified statement will be sent to the State when this notice has been issued.
I certify under penalty of law that this report is complete and accurate to the best of my knowledge. I
-further certify that this report has been made available to. -the users or customers of the named system and
that those users have been notified of its availability. I also certify that this report has been given to the
owner of this facility with explicit directions to make the. user aware of the availability of this report and the
location with which a copy can be viewed or received. James & James Environmental Mgt., Inc cannot
certify that the latter has been completed and will enclose a letter of certification to be mailed to the State
of North Carolina on behalf of this entity along with all pertinent information regarding this system for the
conclusion of this requirement.
Thank you,
qLC� iZc�t� c€,rnAA
uama James
James & James Environmental Management, Inc.
2/20/09
r�� LAY V 4
polgV SOUJ,)CE B NCH

PERFORMANCE. ANNUAL REPORT — 2008
Valleyview Shopping .Center Mr. Charles Burkett
Permit Number: NCO039187
A copy of the Performance Annual .Report has already been filed with the
State of North Carolina Division:of Water.Quality in triplicate by James &
James Environmental Management,., Inc. and -should be in your possession at
this time. On that report, the -certification was stated that I, the responsible
party of this facility, has received a .copy :of this report and was .directed to
give the users knowledge of this report.and access to it.
Therefore:
I certify under penalty of law hat his -report prepared by James & James
Environmental Management, Inc. is :complete and accurate to the best of my
knowledge. I further .certify that .this report has been. made available to the
users or customers:of this documented system and .that those users have been
notified of its availability.
Thank you,
Mr. Charles Burkett
Valleyview :Shopping Center

\VNgA E �� Michael F. Easley, Governor
OF
9 William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
C r Coleen H. Sullins, Director
pDivision of Water Quality
Asheville Regional Office
SURFACE WATER PROTECTION SECTION
December 30, 2008
Mr. Charles W. Burkette
Valley View of Asheville LLC
801 Afton Road, Suite 2
Miami Beach, Florida 33139
SUBJECT: Compliance Sampling Inspection
Status: Compliant
Valley View Shopping Center WWTP
Permit No: NCO039187
Buncombe County
Dear Mr. Burkette:
Enclosed please find a copy of the Compliance Evaluation Inspection form from the
inspection conducted on December 19, 2008. The facility appeared to be in compliance with
permit number NC0062634. James and James Environmental Management appear to be doing
a fine job operating and maintaining this facility.
Please refer to the enclosed inspection report for additional observations and comments.
If you or your staff should have any questions, please call me at 828-296-4500, extension 4662.
Sincerely,
Wanda P. Frazier
Environmental Specialist
Enclosure
DWQ-SWP Central Files
James & James Environmental Mgmt w/ attachment
G:\WPDATA\DEMWQ\Buncombe\39187 Valleyview Shopping Center\39187 CEI 2008.doc
NorthCarolina
{Nalura!!y
2090 US Hwy 70, Swannanoa, NC 28778 Telephone: [phone] Fax: [phone] Customer Service 1-877-623-6748

United States Environmental Protection Agency
Form Approved.
EPA Washington, D.C. 20460
OMB No. 2040-0057
Water Compliance Inspection Report
Approval expires 8-31-98
Section A: National Data System Coding (i.e., PCS)
Transaction Code NPDES yr/mo/day Inspection Type Inspector' Fac Type
1 I NI 2 I SI 3I NC0039187 111 12I OB/12/19 117 18 rl 191 SI 20UI
t_ U !
Remarks
21111111111111111111111111111111111111111111111116
Inspection Work Days Facility Self -Monitoring Evaluation Rating 131 CIA --------------------------- Reserved ----------------------
67I 1.0 169 701 31 71 I I 72 U 73 L_U 74 751 Ill I I I 180
Section B: Facility Data
Name and Location of Facility Inspected (For Industrial Users discharging to POTW, also include
Entry Time/Date
Permit Effective Date
POTW name and NPDES permit Number)
01:45 PM 08/12/19
05/12/01
Valley View Shopping Center
Exit Time/Date
Permit Expiration Date
Vly View Shopping Cent
Candler NC 28715
01:55 PM 08/12/19
10/10/31
Name(s) of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s)
Other Facility Data
Juanita Reed James/ORC/828-697-0063/
Name, Address of Responsible Official/Title/Phone and Fax Number
Contacted
Charles W Burkette,801 Afton Rd Miami Beach FL 33139//305-534-0102/ No
Section C: Areas Evaluated During Inspection (Check only those areas evaluated)
Permit ® Operations & Maintenance N Facility Site Review E Effluent/Receiving Waters
Section D: Summary of Finding/Comments Attach additional sheets of narrative and checklists as necessary)
(See attachment summary)
Name(s) and Signature(s) of Inspector(s) Agency/Office/Phone and Fax Numbers Date
Wanda P Frazier ARO WQ//828-296-4500 Ext.4662/
%/J)J /��Jr//�J}
w /
SignaA�ofmanagement Q A Reviewer Agency/Office/Phone and Fax Numbers Date
o 1 n
EPA Form 3560-3 (Rev 9-94), Previous editions are obsolete.
Page # 1

NPDES yr/mo/day Inspection Type (cont.) 1
3� NCO039187 I11 12I 08/12/19 I17 181_'
Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary)
Records & Reports:
A review of the files indicates that the last compliance evaluation inspection was
conducted on September 18, 2008 by Janet Cantwell.
The permit expires on 10/31/2010. Please request a permit renewal 6 months prior to
expiration. A renewal notice will be mailed as a reminder.
The Annual Performance Report is due March 1, 2009.
The log book was present on -site and had good notation of daily events.
Operations & Maintenance / Summary:
This facility appears to be well operated and maintained.
Effluent:
The effluent appeared to be clear, indicating compliance with permit limits.
Deficiencies:
Immediate Corrective Action Is Necessary --- As stated in the two previous inspections,
there is a serious safety hazard and legal liability that needs to be addressed immediately.
There are four manhole covers missing from the influent and effluent ports. They are accessible
to the public and pose a serious threat of vandalism to the treatment plant, as well as, safety and
liability issues.
Please respond in writing, within 30 days of receipt of this letter, as to the measures
taken to correct this deficiency.
Failure to take sufficient and timely action will result in a Notice of Violation and
possible civil penalties from the Division of Water Quality.
Page # 2

/
Permit: NCO039187 Owner - Facility: Valley View Shopping Center
Inspection Date: 12/19/2008 Inspection Type: Compliance Evaluation
(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:
Aeration Basins
Yes
No
NA
NE
Mode of operation
Ext. Air
Type of aeration system
Diffused
Is the basin free of dead spots?
❑
❑
❑
Are surface aerators and mixers operational?
❑
❑
®
❑
Are the diffusers operational?
®❑
❑
n
Is the foam the proper color for the treatment process?
®❑
❑
❑
Does the foam cover less than 25% of the basin's surface?
❑
❑
❑
Is the DO level acceptable?
❑
❑
❑
Is the DO level acceptable?(1.0 to 3.0 mg/1)
®
❑
❑
❑
Comment:
Secondary Clarifier
Yes
No
NA
NE
Is the clarifier free of black'and odorous wastewater?
®❑
❑
❑
Is the site free of excessive buildup of solids in center well of circular clarifier?
❑
❑
®
❑
Are weirs level?
®
n
❑
❑
Is the site free of weir blockage?
❑
❑
❑
Is the site free of evidence of short-circuiting?
0
❑
❑
❑
Is scum removal adequate?
®❑
❑
Cl
Is the site free of excessive floating sludge?
❑
❑
❑
Is the drive unit operational?
❑
❑
■
❑
Is the return rate acceptable (low turbulence)?
■
❑
❑
❑
Is the overflow clear of excessive solids/pin floc?
®❑
❑
❑
Is the sludge blanket level acceptable? (Approximately'/e of the sidewall depth)
❑
❑
❑
Page # 3

Permit: NCO039187
Inspection Date: 12/19/2008
Secondary Clarifier
Comment:
Disinfection -Tablet
Are tablet chlorinators operational?
Are the tablets the proper size and type?
Number of tubes in use?
Is the level of chlorine residual acceptable?
Is the contact chamber free of growth, or sludge buildup?
Is there chlorine residual prior to de -chlorination?
Comment:
Owner - Facility: Valley View Shopping Center
Inspection Type: Compliance Evaluation
® ❑ ❑ ❑
®❑❑❑
Yes No NA NE
Type of system ?
Tablet
Is the feed ratio proportional to chlorine amount (1 to 1)?
❑
❑
■
❑
Is storage appropriate for cylinders?
❑
❑
■
❑
# Is de -chlorination substance stored away from chlorine containers?
■
❑
❑
Cl
Comment:
Are the tablets the proper size and type?
■
❑
❑
Cl
Are tablet de -chlorinators operational?
■
❑
❑
❑
Number of tubes in use?
1
Comment:
Operations & Maintenance
Yes
No
NA
NE
Is the plant generally clean with acceptable housekeeping?
■
❑
❑
❑
Does the facility analyze process control parameters, for ex: MLSS, MCRT, Settleable Solids, pH, DO, Sludge ®❑ ❑ ❑
Judge, and other that are applicable?
Comment:
Page # 4

N 1� Laboratoa Section Wesults
County: • t3R
�'
Sample ID:
AB35843
River Basin FRB
I"}
PO Number#
8W7309
Report To AROSP
-�* "
„�-
Date Received:
09/24/2008
g
Time Received:
08:00
Collector: J CANTWELL
75'
Region: ARO
�s
Labworks LoginlD
SMATHIS
Sample Matrix: WASTEWATER
Date Reported:
10/3/08
Loc. Type: EFFLUENT
Report Generated:
10/03/2008
Emergency Yes/No
COC Yes/No
VisitlD
Loc. Descr.: VALLEY VIEW WWTP 39187
) /y
Locatio ID:
Collect Date: 0911812008 Collect Time:: 00:00
Sample Depth
Sample Qualifiers and Comments
Routine Qualifiers
For a more detailed description of these qualifier codes refer to www.dwglab.org under Staff Access
A -Value reported is the average of two or more determinations
B1-Countable membranes with <20 colonies; Estimated
B2- Counts from all filters were zero.
B3- Countable membranes with more than 60 or 80 colonies; Estimated
B4-Filters have counts of both >60 or 80 and < 20; Estimated
B5-Too many colonies were present; too numerous to count (TNTC)
J2- Reported value failed to meet QC criteria for either precision or accuracy; Estimated
J3-The sample matrix interfered with the ability to make any accurate determination; Estimated
J6-The lab analysis was from an unpreserved or improperly chemically preserved sample; Estimated
N1-The component has been tentatively identified based on mass spectral library search and has an estimated value
LAB
N3-Estimated concentration is < PQL and >MDL
NE -No established PQL
P-Elevated PQL due to matrix interference and/or sample dilution
Qi-Holding time exceeded prior to receipt at lab.
1'
Q2- Holding time exceeded following receipt•bTlab-�^ - - - -
PQL- Practical Quantitation Limit-s Ibject to change due to iristitlhient'SeilSitivity jy
U- Samples analyzed for this compound ut-not-detecte
i
X1-Sample not analyzed for this compo�gd
liL
I
ULI _Z5 Iwo '
WATER QUALITY SECTION `
a
ASHEVILLE REGIONALOFFICE .'.
Laboratory Section 1623 Mail Service Center, Raleigh, NC 27699.1623 [phone] ('age 4'ot��. `u +-.•- L:•..,�..r..•

NC DWQQ La6oratory Section Results Sample ID AB35843
Location ID: VALLEYVIEW39187 Collect Date: 09/18/2008
Loc. Descr.: VALLEY VIEW WWTP 39187 Collect Time:: 00:00
Visit ID
CAS # Analyte Name PQL Result Qualifier Units Analyst/Date Approved By /Date
Sample temperature at receipt by lab 2.9 "C DSAUNDERS SMATHIS
Method Reference 9/24/08 9/24/08
NUT
NH3 as N In liquid 0.02 0.08 mg/L as N MOVERMAN CGREEN
Method Reference LaclO-107-06-1-J 9/24108 10/3108
Laboratory Section>> 1623 Mail Service Center, Raleigh, NC 27699-1623 [phone] Page 2 of 2

DIVISION OF WATER UALITY WATER UALITY FIELD -LAB FORM DM1 ��),7,50q
Q Q � � For Lab Use ONLY
'
COUNTY
PRIORITY
SAMPLE TYPE
2
RIVER BASIN •
❑ AMBIENT
❑ STREAM
J
W EFFLUENT
REPORT T . ARO RO MRO PRO WaRO WiRO WSRO TS
ir-1
AT BM
Q-C-OMPLIANCE
❑ LAKE
[I INFLUENT
Other
Shipped by: Bus, ourier Staf£ Other
❑ EMERGENCY
ESTUARY
COLLECTORS) �-�/i1�LL
Estimated BOD Range: 0-5/5-25/25-65140-130 or 100 plus STATION LOCATION:
Seed: Yes ❑ No ❑ Chlorinated: Yes ❑ No ❑
Lab Number:
3 J
Date Receive
_ Time:
Rec'd b
DATA ENTRY BY:
From: Bus -Cowrie and
CK:
DATE REPORTED:
Station • Date Begin (yy/nun/dd) Time Begin Date End Time End Depth DM DB DBM Value Type Composite Sample Type
.7718� 9I0?I'8 I I A H L j T S B C O GNXX
l
BOD5 310 mg/L
2
COD High 340 mg/L
3
COD Low 335 mg/L
4
Coliform: MF Fecal 31616 /100ml
5
Colifonn: MF Total31504 /100m1
6
Colifomt: Tube Fecal 31615 /100ml
7
Colifomt: Fecal Strep 31673 /100m1
8
Residue: Total 500 mg/L
9
Volatile 505 mg/L
10
Fixed 510 mg/L
1 I
Residue: Suspended 530 mg/L
12
Volatile 535 mg/L
13
Fixed 540 mg/L
14
pH 403 units
15
Acidity to pH 4.5 436 mg/L
16
Acidity to pH 8.3 435 mg/L
17
Alkalinity to pH 8.3 415 mg/L
18
Alkalinity to pH 4.5 410 mg/L
19
TOC 680 mg/L
20
1
Turbidity 76 NTU
Chloride 940 mg/L
Chl a 70953 µg/L
Color: True 80 Pt -Co
Color.(pH ) 83 ADMI
Color:pH 7.6 82 ADMI
Cyanide 720 mg/L
Fluoride 951 mg/L
Formaldehyde 71880 mg/L
Grease and Oils 556 mg/L
Hardness Total 900 mg/L
Specific Cond. 95
MBAS 38260 mg/L
Phenols32730 µg/L
Sulfate 945 mg/L
Sulfide 745 mg/L
IWO
H3 as N 610 mg/L
TKN as N 625 mg/L
NO2 plus NO3 as N 630 mg/L
P: Total as P 665 mg/L
PO4 as P 665 mg/L
P: Dissolved as P 666 mg/L
Cd-Cadmium 1027 µg/L
Cr-Chromium;Total 1034 µg/L
Cu-Copper 1042 µg/L
Ni-Nickel 1067 µg/L
Pb-Lead 1051 µg/L
Zn-Zinc 1092 µg/L
Ag-Silver 1077 µg/L
AI -Aluminum 1105 µg/L
Be -Beryllium 1012 µg/L
Ca -Calcium 916 mg/L
Co -Cobalt 1037 µg/L
Fe -Iron 1045 µg/L
Li -Lithium 1132 pg/L
Mg -Magnesium 927 mg/L
Mn-Manganese 1055 µg/L,
Na-Sodium 929 mg/L.
Arsenic:Total 1002 µg/L
Se -Selenium 1147 µg/L
Hg-Mercury 71900 µg/L
Organochlorine Pesticides
Organophosphorus Pesticides
Acid Herbicides
Base/Neutral Extractable Organics
Acid Extractable Organics
Purgeable Organics (VOA bottle req'd)
Phytoplankton
Lab Use Only
Temperature on arrival:
Sampling Point %
Conductance at 25°C
Water Temperature °C
D.O. mg/L
H
Acidity
Air Temperature °C
—Alkalinity
pH 8.3 pH 4.5
pH4.5 pH 8.3
2
94
10
300
400
82244 431
82243 82242
20
Salinity %o
Precipitation (in/day)
Cloud Cover%
Wind Direction (Deg)
Stream Flow Severity
Turbidity Severity
Wind Velocity
Mean Stream Depth ft.
Stream Width ft.
80
5
2
36
1351
�1350
35
64
4

JV (DZV La6orato ection Wesults
County: MCOMBE Sample ID: AB35694
River Basin FRB5.i �`� PO Number# ARO
Report To AROSP r v -1;
r Date Received: 09/1812008
Collector: J CANTWELL ti ,a Time Received: 15:20
Labworks Lo
Region: ARO � 2 ti ginlD KJIMISON
G.
Sample Matrix: WASTEWATER Date Reported: 1013/08
Loc.Type: EFFLUENT
Report Generated: 10/03/2008
Emergency Yes/No
COC Yes/No \ VisitlD
Loc. Descr.: VALLEY VIEW WWTP-39187
Location "LLEYVIEVtiVVfRTP
Collect Date: 0911812008 Collect Time:: 10:50 Sample Depth
Sample Qualifiers and Comments
Routine Qualifiers
For a more detailed description of these qualifier codes refer to www.dwgiab.org under Staff Access
A -Value reported is the average of two or more determinations
B1-Countable membranes with <20 colonies; Estimated N3-Estimated concentration is < PQL and >MDL
B2- Counts from all filters were zero. NE -No established PQL
P-Elevated PQL d o sOtq
83- Countable membranes with more than 60 or 80 colonies; Estimated ,P .
Q1-Holding time eered prior to re ipt atlaq M9' x 'i.'
B4-Filters have counts of both >60 or 80 and < 20; Estimated a ,%e•, r .rYY ;'• t
Q2- Holding time et ceeded`foT(ow` ftftt chi
05-Too many colonies were present; too numerous to count (TNTC) s . o
J2- Reported value failed to meet QC criteria for either precision or accuracy; Estimated PQL- Practical Qu�nt(tat it-�p@jec ch e e tdVhstrten e i vity : 3
U- Samples analy,4d. for t s m nd ee V ?
J3-The sample matrix interfered with the ability to make any accurate determination; Estimated
JX1-Sample not an lyzed . mpound jl!
6-The lab analysis was from an unpreserved or improperly chemically preserved sample; Estimated �. •.
N1-The component has been tentatively identified based on mass spectral library search and has an estimated value Oa — 8 MOB
QUALITY ASH
EVILWATERLEE REG ONAL OFOF CE
ARO M;
Laboratory Section 1623 Mail Service Center, Raleigh, NC 27699.1623 [phone] Page 1 of 2

NC 1DWQ Laboratory Section Results
Sample ID
AB36694
Location ID: VALLEYVIEWWWTP
Collect Date:
09/18/2008 '
Loc. Descr,.: VALLEY VIEW WWTP-39187
Collect Time::
10:50
Visit ID
CAS # Analyte Name PQL Result Qualifier
Units
Analyst/Date
Approved By /Date
Sample temperature at receipt by lab 1.3
"C
KJIMISON
SMATHIS
Method Reference
9118/08
9/19/08
BOD, 5-Day in liquid 2.0 6.9
mg/L
KJIMISON
MOVERMAN
Method Reference APHA5210B
9/18/08
10/2/08
Colifonn, MF Fecal in liquid 1 1 B2
CFU/100ml
KJIMISON
MOVERMAN
Method Reference APHA9222D-20th
9/18108
9/25/08
Residue_Suspended In liquid 6.2 62 U
MIA
KJIMISON
MOVERMAN _
- Method Reference APHA2540D-20th
9123/08
10/2108
Laboratory Section» 1623 Mail Service Center, Raleigh, NC 27699-1623 (919) 7333908 Page 2 of 2

DIVISION OF WATER QUALITY WATER QUALITY FIELD -LAB FORM (DM I) For Lab Use ONLY
COUNTY AWC&MPRIORITY
SAMPLE TYPE
RIVER BASIN &e .
❑ AMBIENT
❑ STREAM
EFFLUENT
REPORT T . AAO O MRO PRO WaRO WiRO WSRO TS
AT BM
COMPLIANCE
0 LAKE
❑ INFLUENT
Other
Shipped by: Bus, Courier, Staff Other
��
❑EMERGENCY
❑ ESTUARY
Lab Number:�r/..
Date Received:
Time: %
Rec'd by:
DATA ENTRY B
From: Bus -Courier- d Del.
CK:
DATE REPORTED:
COLLECTOR(S)S_P
Estimated DOD Range: 0-5/5-25/25-65/40-130 or 100 plus STATION LOCATION: 0' ',y 11165W &1W TOP : 91?1—
Seed: Yes El No ❑ Chlorinated: Yes❑ No❑
REMARKS:
Station # Date Begin (yy/mm/dd) I Time Begin Date End Time End Depth DM DB DBM I Value Type Comnosite Sample T---
I
`
BOD5 310 mg/L
2
COD High 340 mg/L.
3
COD Low 335 mg/L
4
$*-1
Coliform: MF Fecal 31616 /100ml
5
Coliform: MFTotal 31504 /looml
6
Coliform: Tube Fecal 31615 /100ml
7
Coliform: Feral Strep 31673 /100m1
8
Residue: Total 500 mg/L
9
Volatile 505 mg/L
10
Fixed 510 mg/L
I 1
Residue: Suspended 530 mg/L
12
Volatile 535 mg/L
13
Fixed 540 mg/L
14
pH 403 units
15
Acidity to pH 4.5 436 mg/L
16
Acidity to pH 8.3 435 mg/L
17
Alkalinity to pH 8.3 415 mg/L
18
Alkalinity to pH 4.5 410 mg/L
19
TOC 680 mg/L
20
Turbidity 76 NTU
Chloride 940 mg/L
Chla 70953 µg/L
Color: True 80 Pt -Co
Color:(pH ) 83 ADMI
Color:pH 7.6 82 ADMI
Cyanide 720 mg/L
Fluoride 951 mg/L
Formaldehyde 71880 mg/L
Grease and Oils 556 mg/L
Hardness Total 900 mg/L
Specific Cond. 95
MBAS 38260 mg/L
Phenols 32730 µg/L
Sulfate 945 mg/L
Sulfide 745 mg/L
A H L
NH3 as N 610 mg/L
TKN as N 625 mg/L
NO2 plus NO3 as N 630 mg/L
P: Total as P 665 mg/L
PO4 as P 665 mg/L
P: Dissolved as P 666 mg/L
Cd-Cadmium 1027 pg/L
Cr-Chromium,Total 1034 µg/1.,
Cu-Copper 1042 µg/L
Ni-Nickel 1067 µA/L
Pb-Lead 1051 µg/L
Zn-Zinc 1092 µg/L
Ag-Silver 1077 pg/I-
AI-Aluminum 1105 µg/L
Be -Beryllium 1012 µg/L
Ca -Calcium 916 mg/L
Co -Cobalt 1037 µg/L
Fe -Iron 1045 µg/L
T S B IC U GNXX
Li -Lithium 1132 trg/L
Mg -Magnesium 927 mg/L
Mn-Manganese 1055 µg/L
Na-Sodium 929 mFJL
Arsenic:Total 1002 µg/L
Se -Selenium 1147 - µme,
Hg-Mercury 71900 µg/L
Organochlorine Pesticides
Organophosphorus Pesticides
Acid Herbicides
Base/Neutral Extractable Organics
Acid Extractable Organics
Purgeable Organics (VOA bottle req'd)
Phytoplankton
Lab Use Only
Temperature on arrival: P
Sampling Point %
Conductance at 25°C -
Water Temperature °C
D.O. m
H
Alkalinity
Acidity
Air Temperature °C
2
pH 8.3 pH4.5
H4.5 PH 8.3
4
0
300
400
2244 431
82243 82242
20
Salinity %o
Precipitation (in/day)
Cloud Cover %
Wind Direction (Deg)
Stream Flow Severity Turbidity Severity
Wind Velocity Mean Stream Depth ft.
Stream Width R.
80
45
32
36
1351 1350.
I
35 1 64
4

nF WATFR Michael F. Easley, Governor
Q (� t��r9 William G. Ross Jr., Secretary
lorth�Carolina Department faironment and Natural Resources
r!� Coleen H. Sullins, Director
>_ Division of Water Quality
Asheville Regional Office
SURFACE WATER PROTECTION SECTION
September 30, 2008
Mr. Charles W. Burkette
Valley View of Asheville LLC
801 Atton Road, Suite 2
Miami Beach, Florida 33139
SUBJECT: Compliance Sampling Inspection
Status: Compliant
Valley View Shopping Center WWTP
Permit No: NC0039187
Buncombe County
Dear Mr. Burkette:
Enclosed please find a copy of the Compliance Sampling Inspection form from the
inspection conducted on September 18, 2008. The facility appeared to be in compliance
with permit NC0039187. James & James Environmental is doing a fine job of operating
this facility.
Please refer to the enclosed inspection report for additional observations and
comments. If you or your staff have any questions, please call me at 828-296-4500, Ext.
4667.
Sincere) ,
Janet Can well
Environmental Specialist
Enclosure
m"IR�11►1-IiQ -LhL vilde5Fi'les .
DWQ Central Files
James & James Environmental/ w/ attachment
G:\WPDATA\DEMWQ\Buncombe\39187 Valleyview Shopping Center\39187-CS1.08.doc
2090 U.S. Highway 70, Swannanoa, NC 28778 Telephone: [phone] Fax: [phone] Customer Service 1 877 623-6748
NoorthCarolina
,Va&ra!!y

C
United States Environmental Protection Agency
Form Approved.
EPA Washington, D.C. 20460
OMB No. 2040-0057
Water Compliance Inspection Report
Approval expires 8-31-98
Section A: National Data System Coding (i.e., PCS)
Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type
1 I NI 2 I cl 31 NCO039187 111 121 08/09/18 117
l J LJ
181 GI 191.1 201lJ
U U
Remarks
2111111111111111111111111111111111111111111111°1116
Inspection Work Days Facility Self -Monitoring Evaluation Rating 131 QA
--------- ------------- Reserved---------------
671 1 69 70 U 71 U 72 Lj
73 L_U 74 751 1 I I I I Li 80
Section B: Facility Data
Name and Location of Facility Inspected (For Industrial Users discharging to POTW, also include
Entry Time/Date
Permit Effective Date
POTW name and NPDES permit Number)
10:00 AM 08/09/18
05,/12/01
Valley View Shopping Center
Exit Time/Date
Permit Expiration Date
vly view Shopping cent
Candler NC 28715
11:00 AM 08/09/1B
10/10/31
Name(s) of Onsite Representative(s)lritles(s)/Phone and Fax Number(s)
Other Facility Data
Juanita Reed James/ORC/828-697-0063/
Name, Address of Responsible Officialfritle/Phone and Fax Number
Contacted
Charles W Burkette,801 Atton Rd Miami Beach FL 33139//305-534-0102/ No
Section C: Areas Evaluated During Inspection (Check only those areas evaluated)
Permit Operations & Maintenance i Records/Reports
Self -Monitoring Program
Facility Site Review
Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary)
(See attachment summary)
Name(s) and Signature(s) of Inspector(s) „ `� Agency/Office/Phone and Fax Numbers Date
Janet Cantwell , ARO WQ//828-296-4500 Ext.4667/ 9� a
N
Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date
q
a 1 13-0 1 a
EPA Form 3560-3 (Rev 9-94) Previous editions are obsolete.
Page # 1

NPDES yr/mo/day Inspection Type
3I NCO039187 I11 12I 08/09/18 I17 ,BISI
Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary)
Juanita James of James & James Environmental assisted in the inspection of this facility.
The Annual Report has been submitted.
Records and reports are complete and available on site.
It would be advisable to cover and enclose the four influent/effluent ports to prevent access and
tampering by unauthorized personnel.
Compliance Sampling was done during the inspection and will be sent separately when received
from the lab.
Page # 2

Permit: NCO039187
Inspection Date: 09/18/2008
Owner - Facility: Valley View Shopping Center
Inspection Type: Compliance Sampling
Secondary Clarifier
Is the sludge blanket level acceptable? (Approximately % of the sidewall depth)
Comment:
Disinfection -Tablet
Are tablet chlorinators operational?
Are the tablets the proper size and type?
Number of tubes in use?
Is the level of chlorine residual acceptable?
Is the contact chamber free of growth, or sludge buildup?
Is there chlorine residual prior to de -chlorination?
Comment:
Type of system ?
Is the feed ratio proportional to chlorine amount (1 to 1)?
Is storage appropriate for cylinders?
# Is de -chlorination substance stored away from chlorine containers?
Comment:
Are the tablets the proper size and type?
Are tablet de -chlorinators operational?
Number of tubes in use?
Comment:
❑ ❑ ❑
Page # 5

Permit: NCO039187 Owner - Facility: Valley View Shopping Center
Inspection Date: 09/18/2008 Inspection Type: Compliance Sampling
Record Keeping
Yes
No NA NE
(If the facility is = or > 5 MGD permitted flow) Do they operate 24/7 with a certified operator on each shift?
❑
❑ ® ❑
Is the ORC visitation log available and current?
®❑
❑ ❑
Is the ORC certified at grade equal to or higher than the facility classification?
■
❑ ❑ ❑
Is the backup operator certified at one grade less or greater than the facility classification?
■
❑ ❑ ❑
Is a copy of the current NPDES permit available on site?
■
❑ ❑ ❑
Facility has copy of previous year's Annual Report on file for review?
®❑
❑ ❑
Comment:
Aeration Basins
Yes
No NA NE
Mode of operation
Exf. Air
Type of aeration system
Diffused
Is the basin free of dead spots?
®❑
❑ ❑
Are surface aerators and mixers operational?
❑
❑ ■ ❑
Are the diffusers operational?
■
❑ ❑ ❑
Is the foam the proper color for the treatment process?
■
❑ ❑ ❑
Does the foam cover less than 25% of the basin's surface?
■
❑ ❑ Cl
Is the DO level acceptable?
❑
❑ ❑ ■
Is the DO level acceptable?(1.0 to 3.0 mg/1)
❑
❑ ❑
Comment:
Secondary Clarifier
Yes
No NA NE
Is the clarifier free of black and odorous wastewater?
■
❑ ❑ ❑
Is the site free of excessive buildup of solids in center well of circular clarifier?
❑
Q ■ ❑
Are weirs level?
■
❑ ❑ ❑
Is the site free of weir blockage?
■
❑ ❑ ❑
Is the site free of evidence of short-circuiting?
■
❑ ❑ ❑
Is scum removal adequate?
■
❑ ❑ ❑
Is the site free of excessive floating sludge?
■
❑ ❑ ❑
Is the drive unit operational?
❑
❑ ■ ❑
Is the return rate acceptable (low turbulence)?
■
❑ ❑ ❑
Is the overflow clear of excessive solids/pin floc?
■
❑ ❑ ❑
Page # 4

0
Permit: NCO039187
Inspection Date: 09/18/2008
Owner - Facility: Valley View Shopping Center
Inspection Type: Compliance Sampling
Permit
(if the present permit expires in 6 months or less). Has the permittee submitted a new application?
Is the facility as described in the permit?
# 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: As mentioned in a previous inspection on 2/20/07, the four ports which give
access to the influent and effluent lines for the facility remain without a cover. Leaving
easy access to the influent and effluent lines could place the facility and receiving
stream at risk from vandalism.
It is advised this area be fenced to prevent access and tampering from unauthorized
personnel.
❑❑®❑
®❑ Cl ❑
❑ ■ ❑ Cl
❑ M D ❑
■ ❑ ❑ ❑
Operations & Maintenance
Yes
No
NA
NE
Is the plant generally clean with acceptable housekeeping?
■
❑
❑
❑
Does the facility analyze process control parameters, for ex: MLSS, MCRT, Settleable Solids,
pH, DO, Sludge ■
❑
❑
❑
Judge, and other that are applicable?
Comment:
Record Keeping
Yes
No
NA
NE
Are records kept and maintained as required by the permit?
■
❑
❑
❑
Is all required information readily available, complete and current?
■
❑
❑
❑
Are all records maintained for 3 years (lab. reg. required 5 years)?
■
❑
❑
❑
Are analytical results consistent with data reported on DMRs?
❑
❑
❑
■
Is the chain -of -custody complete?
❑
❑
❑
■
Dates, times and location of sampling
❑
Name of individual performing the sampling
❑
Results of analysis and calibration
❑
Dates of analysis
❑
Name of person performing analyses
❑
Transported COCs
❑
Are DMRs complete: do they include all permit parameters?
■
❑
❑
❑
Has the facility submitted its annual compliance report to users and DWQ?
■
❑
❑
❑
Page # 3

�f AC ®Y Michael F. Easley, Governor
G FILE CO
r William G. Ross Jr., Secretary
Q North Carolma uepartment of Environment and Natural Resources
f' Coleen H. Sullins, Director
> Division of Water Quality
Asheville Regional Office
SURFACE WATER PROTECTION SECTION
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Charles W. Burkette, Manager
Valley View of Asheville LLC
Suite 2
801 Atton Road
Miami Beach, Florida 33139
Dear Mr. Burkette:
April 25, 2008
7002 0460 0001 9899 7729
-Subject: NOTICE.OF VIOLATION
NOV-2008-LV-0187
Permit No. NCO039187
Valley View Shopping Center WWTP
Buncombe County
A review of Valley View Shopping Center's monitoring report for February 2008 showed the following
violation:
Parameter
Date
Limit Value
Reported Value
Limit Type
Solids, Total Suspended
02/21/08
45 mg/I
54 mg/1-
Daily Maximum
Exceeded
Remedial actions, if not already implemented, should be taken to correct any problem. Since the comments
section on the reverse of the relevant DMR provided an adequate explanation for the subject violation, it is not requested
that a response be submitted: however, should you have additional information concerning the violations or comments
which you wish to present, please submit them to the attention of Janet Cantwell.
The Division of Water Quality may pursue enforcement actions for this and any additional violations of State law.
If you should have anv questions, please do not hesitate to contact Janet Cantwell or me at 828/296-4500.
Sincerely,
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
s
D
Bob Guerra/ DWQ-SWP Enforcement Files
James & James Environmental/ ORC
G:\WPDATA\DEMWQ\Buncombe\39187 Valleyview Shopping Center\39187.NOV-2008-LV-0187.doc
Noi thCarolina
Naturally
North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, N.C. 28778 Phone[phone]
Internet: www.ncwatercivality.org FAX [phone]
Customer Service
1-8771623-6748

James James Environmental Mgt., Inc. System:
Valleyview Shopping Center
JAMES & JAMES ENVIRONMENTAL MANAGEMENT
Permit Number:
NC0039187
r'
PO BOX 1354, MOUNTAIN HOME, NC 28758
OFFICE: [phone] FAX: [phone]_5 '
L� — --
PERFORMANCE ANNUAL REPOR�—T:
2007 -] ! MAR 7 8 2008
I. General Information -.-- _ _ _ _
I`
WATER r J^,LITY
Facility/System Name: VALLEYVIEW SHOPPING CENTER
Responsible. Entity:
Person in Charge/Contact:
Applicable Permit(s):
CHARLES BURKETT
CHARLES BURKETT
NCO039187
Description of Collection System or Treatment Process:
A 10,000 gallon extended aeration basin with clarifier, chlorine tablet feeder, chlorine
contact chamber,and outfall pipe.
II. Performance
Text Summary of System Performance for Calendar Year 2007
There were no violations in 2007. There were no major repairs to the facility in 2007.
List (by Month) any violations of permit conditions or other environmental
regulations. Monthly lists should include discussion of any environmental impacts
and corrective measures taken to address violations. Attach additional sheets if needed.
none
III. Notification:
A copy of this report has been sent to the Owner with directions to give notification
of the availability of this report to each of their users. A.certified statement will be
sent to the State when this issue has been rectified.

James James Environmental Mgt., Inc. System: Permit Number:
Valleyview Shopping Center NCO039187
IV. Certification
I certify under penalty of law that this report is complete and accurate to the best
of my knowledge. I further certify that this report has been made available to the
users or customers of the named system and that those users have been notified
of its availability. (please see below)
I certify that this report has been given to the Owner of this Entity with explicit
directions to make the user aware of the availability of this report and the
location with which a copy can be either viewed or received. James & James
Environmental cannot certify that the latter has been completed and will enclose
a letter of certification to be mailed to the State of North Carolina on behalf of this
Entity along with all pertinent information regarding this system for the conclusion
of this requirement.
Juanita James/ James & James Environmental Management 2/20/08
Responsible Person Date
Title
Entity

James James Environmental Mgt., Inc. System:
Valleyview Shopping Center
JAMES & JAMES ENVIRONMENTAL MANAGEMENT
PO BOX 1354, MOUNTAIN HOME, NC 28758
OFFICE: [phone] FAX: [phone]
PERFORMANCE ANNUAL REPORT
I. General Information
Facility/System Name: VALLEYVIEW SHOPPING CENTER
Responsible Entity: CHARLES BURKETT
Person in Charge/Contact: CHARLES BURKETT
Applicable Permit(s): NCO039187
Permit Number:
NCO039187
A copy of the PERFORMANCE ANNUAL REPORT has already been filed
with you by James & James Environmental Management and should be in your
possession at this time. On that report, the certification was stated that I, the
owner of this Entity, has received a copy of this report and was directed to give
the users knowledge of the report and access to it.
Therefore:
I certify under penalty of law that this report prepared by James & James
Environmental Management is complete and accurate to the best of my
knowledge. I further certify that this report has been made available to the users
or customers of the named system and that those users have been notified of
its availability.
Responsibl Peon
Title
Entity
U ''
V
Date

�.\NATF
Michael F. Easley, Governor
William G. Ross Jr., Secretary
E]FILE COPY North Caro apartment of Environment and Natural Resources
C/) '
Coleen H. Sullins, Director
Division of Water Quality
Asheville Regional Office
SURFACE WATER PROTECTION SECTION
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Charles W. Burkette, Manager
Valley View of Asheville LLC
Suite 2
801 Atton Road
Miami Beach, Florida 33139
Dear Mr. Burkette:
January 16, 2008
7002 0460 0001 9899 6418
Subject: NOTICE OF VIOLATION
NOV-2008-LV-0030
Permit No. NCO039187
Valley View Shopping Center WWTP
Buncombe County
A review of Valley View Shopping Center's monitoring report for October 2007 showed the
following violation:
Parameter
Date
Limit Value
Reported
Limit Type
Value
Solids, Total Suspended
10/30/07
45 mg/I
47.6 mg/I
Daily
Maximum
Exceeded
It was also noted that the Compliance box on the back of the DMR was marked
"Compliant" when in fact it should have been marked "Non -Compliant" with an explanation of the
reason for the non-compliance.
Remedial actions, if not already implemented, should be taken to correct any problem. The
Division of Water Quality may pursue enforcement actions for this and any additional violations of
State law. If the violations are of a continuing nature, not related to operation and/or maintenance
NoLCarolina
Naturally
North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, N.C. 28778 Phone[phone] Customer Service
Internet: www.ncwaterguality.org FAX [phone]

Mr. Charles W. Burkette
January 16, 2008
Page Two
problems, and you anticipate remedial construction activities, then you may wish to consider applying
for a Special Order by Consent. You may contact Don Price of this Office for additional information.
If you should have any questions, please do not hesitate to contact Janet Cantwell or me at
828/296-4500.
Sincerely,
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
� entral es I
Bob Guerra/ Enforcement Files
James & James Environmental/ ORC
G:\WPDATA\DEMWQ\Buncombe\39187 Valleyview Shopping Center\39187. Val Ieyview.NOV-2008-LV-0030.doc

Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Departmer ivironment and Natural Resources
SURFACE WATER PROTECTION
March 5, 2007
Charles W. Burkette
Valley View of Asheville LLC
801 Atton Road
Suite 2
Miami Beach, Florida 33139
i
Alan W. Klimek, P.E. Director
Division of Water Quality
Asheville Regional Office
iFi
L
E�
SUBJECT: Compliance Evaluation Inspection
Status: Compliant
Valley View Shopping Center WWTP
Permit No: NCO039187
Buncombe County
Dear Mr. Burkette:
Enclosed please find a copy of the Compliance Evaluation Inspection form from
the inspection conducted on February 20, 2007. The facility appeared to be in
compliance with Permit # NC0039187. There are, however, a couple of items which
need attention. It was noted during the inspection that the four ports which give access to
the influent and effluent lines are not covered. This easy access to the lines could place
the facility and receiving stream at risk from vandals. It is advisable that this area be
fenced and locked to prevent access from tampering. Also, the downspout pipe on the
adjoining building needs to be turned away from the wastewater treatment facility. Please
respond in writing within fifteen (15) days as to a timetable for making these repairs.
Please refer to the enclosed inspection report for additional observations and
comments. If you or your staff have any questions, please call me at 828-296-4500, Ext.
4667.
Sincerely,
a���
anet Cantwell .
Environmental Specialist
Enclosure
NorthCarolina
�littft?l��lJ '
2090 U.S. Highway 70, Swannanoa, NC 28778 Telephone: [phone] Fax: [phone] Customer Service 1 877 623-6748

United States Environmental Protection Agency
EPA Washington, D.C. 20460
Form Approved.
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 N 2 1j 31 N000391E7 111 121 07/02/20 . 117
181 ('
IJI 191 sl 20U
L_
Remarks
2111111111
11111111 1111111111111111111111111111
III6
Inspection Work Days Facility Self -Monitoring Evaluation Rating B1 QA
---- ---------- ------- --- Reserved ------------- -------
67I I69 701 I 71 U - 72 II
73I I I—LJ I74 75I I I I I I Li
Section B: Facility Data
Name and Location of Facility Inspected (For Industrial Users discharging to POTW, also include
POTW name and NPDES permit Number)
Entry Time/Date
Permit Effective Date
Valley View Shopping Center
03:00 PM 07/02/20
05/12/01
Exit Time/Date
Permit Expiration Date
Vly View Shopping Cent
Candler NC 28715
03:35 PM 07/02/20
1.0/i0/37.
Name(s) of Onsite Representative (s)Mtles(s)/Phone and Fax Number(s)
Other Facility Data
Name, Address of Responsible Offidal/Title/Phone and Fax Number
Contacted
Charles W Burkett:e,801 Ptto1 Rd i4iariu. Beach F.T.: 33139//305-534-0102/
No
Section C: Areas Evaluated During Inspection (Check only those areas evaluated)
Permit Operations & Maintenance Records/Reports
Self -Monitoring Program
Facility Site Review
Section D: Summary of Finding/Comments (Attach additional sheets of narrative
and checklists as necessary)
(See attachment summary)
Name(s) and Signature(s) of Inspector(s) 1 a Agency/Office/Phone and Fax Numbers Date
Janet: Cantwell PRO NQ//828-296-4500 Ext.4667/;; '--� . r�—
y
Signature of of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date
/
3r /2/�
-v C�
EPA Form 3560-3 (Rev 9-94) Previous editions are obsolete.
Page # .1

NPDES yr/mo/day Inspection Type (cont.) 1
3I 21C00391.37 I11 12I 07/02 /20 117 18I C
Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary)
Juanita James of James & James Environmental assisted in the inspection of this facility.
The previous compliance evaluation inspection was conducted on 12/5/05.
A review of the files indicates that the permit expires October 31, 2010.
The Annual Performance Report has been filed for the year.
The aeration basin process control data on the day of the inspection:
Dissolved Oxygen: = 11.2 mg/L
Temperature = 3 degrees Celcius
pH = 7.5 units
The effluent data on the day of the inspection:
Dissolved Oxygen = 9.8 mg/L
Temperature = 3 degrees Celcius
pH = 7.4 units
The log book was present on -site and had good records of daily events.
The effluent was clear.
This facility appears to be well operated and the operator is doing a good
job.
It was noted during the inspection that the ports for the influent and effluent lines were uncapped. This
leaves the lines to the facility and stream open to tampering. It is advisable that this area be fenced and
locked to prevent access.
It was also noted that the downspout pipe frorn the adjoining building is aimed at the wastewater treatment
plant (allowing some water to enter the treatment plant) instead of being aimed away from the plant. Please
have this adjusted.
Page # 2

Permit: NCO039187 Owner - Facility: Valley View Shopping Center
Inspection Date: 02/20/2007 Inspection Type: Compliance Evaluation
Permit
Yes No NA NE
(If the present permit expires in 6 months or less). Has the permittee submitted a new application?
❑ ❑ ■ ❑
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:
The four ports which give access to the influent and effluent lines for the facility are not
covered. Leaving easy access to the influent and effluent lines could place the facility
and receiving stream at risk from vandals, it is advised that this area be fenced and
locked to prevent the possibility of tampering.
Pp.rations & Maintenance Yes
No
NA
NE
Is the plant generally clean with acceptable housekeeping? 0000,
Does the facility analyze process control parameters, for ex: MLSS, MCRT, Settleable Solids, pH, DO, Sludge ■
❑
❑
❑
Judge, and other that are applicable?
Comment:
Record Keeping Yes
No
NA
NE
Are records kept and maintained as required by the permit? ■
❑
Cl
❑
Is all required information readily available, complete and current? ■
Cl
❑
❑
Are all records maintained for 3 years (lab. reg. required 5 years)?
❑ ❑ ❑
Are analytical results consistent with data reported on DMRs?
❑ ❑ ❑ ■
Is the chain -of -custody complete?
Cl ❑ ❑ ■
Dates, times and location of sampling
❑
Name of individual performing the sampling
❑
Results of analysis and calibration
❑
Dates of analysis
❑
Name of person performing analyses
❑
Transported COCs
❑
Are DMRs complete: do they include all permit parameters?
■
❑
❑
❑
Has the facility submitted its annual compliance report to users and DWQ?
■
❑
❑
Cl
(If the facility is = or > 5 MGD permitted flow) Do they operate 24/7 with a certified operator on each shift?
❑
❑
■
❑
Is the ORC visitation log available and current?
■
❑
❑
❑
Is the ORC certified at grade equal to or higher than the facility classification?
■
❑
❑
❑
Page # 3

Permit: NCO039187 Owner - Facility: Valley View Shopping Center
Inspection Date: 02/20/2007 Inspection Type: Compliance Evaluation
Record Keeping
Yes
No
NA
NE
Is the backup operator certified at one grade less or greater than the facility classification?
■
❑
❑
❑
Is a copy.of the current NPDES permit available on site?
■
❑
❑
❑
Facility has copy of previous year's Annual Report on file for review?
■
❑
❑
❑
Comment:
Aeration Basins
Yes
No
NA
NE
Mode of operation
Ext.
Air
i
Type of aeration system
Diffused
Is the basin free of dead spots?
■
❑
❑
Cl
Are surface aerators and mixers operational?
❑
❑
■
❑
Are the diffusers operational?
■
Cl
❑
❑
Is the foam the proper color for the treatment process?
■
❑
Cl
❑
Does the foam cover less than 25% of the basin's surface?
■
❑
❑
❑
Is the DO level acceptable?
❑
■
❑
❑
Is the DO level acceptable?(1.0 to 3.0 mg/1)
n
■
❑
❑
Comment:
The DO was measured at 11.2 mg/L. It should be between 1 and 3 mg/L.
Secondary Clarifier
Yes
No
NA
NE
Is the clarifier free of black and odorous wastewater?
■
❑
❑
❑
Is the site free of excessive buildup of solids in center well of circular clarifier?
❑
❑
■
❑
Are weirs level?
®❑
❑
n
Is the site free of weir blockage?
■
❑
rl
❑
Is the site free of evidence of short-circuiting?
■
❑
❑
❑
Is scum removal adequate?
■
0
❑
❑
Is the site free of excessive floating sludge?
■
I]
❑
❑
Is the drive unit operational?
❑
❑
■
❑
Is the return rate acceptable (low turbulence)?
■
❑
❑
❑
Is the overflow clear of excessive solids/pin floc?
■
❑
❑
❑
Is the sludge blanket level acceptable? (Approximately % of the sidewall depth)
❑
❑
❑
■
Comment:
Disinfection -Tablet
Yes
No
NA
NE
Page # 4

Permit: NC0039187
Inspection Date: 02/20/2007
Disinfection -Tablet
Are tablet chlorinators operational?
Are the tablets the proper size and type?
Number of tubes in 'use?
Is the level of chlorine residual acceptable?
Is the contact chamber free of growth, or sludge buildup?
Is there chlorine residual prior to de -chlorination?
Comment:
Owner - Facility: Valley View Shopping Center
Inspection Type: Compliance Evaluation
Yes
No
NA
NE
■
❑
❑
❑
®❑❑❑
1
❑
❑
❑
■
■
❑
❑
❑
❑❑❑■
Page # 5

United States Environmental Protection Agency
EPA Washington, D.C. 20460
Form Approved.
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[IType
1 I NI 2 15I 31 NC0039187 111 12I 05/12/05 117 18I1 191 �I 20 I
IJ 1-1 U
Remarks
211 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 '1 1 1 1 1 1 1 1 1 1 1 1 1 1 11111116
Inspection Work Days Facility Self -Monitoring Evaluation Rating 131 QA ---------------------Reserved ---------- -------- --
67I I69 701 31 71I I 72 rI 731 I 174 75I I I I I I I I80
-! UJ
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)
Valley View Shopping Center
02:20 Pbi 05/12/05
05/12/01
Exit Time/Date
Permit Expiration Date
Vly View Shopping Cent
Candler NC 28715
02:40 PM 05/12/05
10/1-0/31
Name(s) of Onsite Representative(s)Mtles(s)/Phone and Fax Number(s)
Other Facility Data
Harry Dewain James/OR.C/828-697-0063/
Name, Address of Responsible OfficiaUTitle/Phone and Fax Number
Contacted
Charles W Burkette,801 Atton Rd Miami Beach FL 33139//305-534-0102/
No
`
Section C: Areas Evaluated During Inspection (Check only those areas evaluated)
Permit 0 Operations & Maintenance 0 Records/Reports N Facility Site Review
Section D: Summary of Finding/Comments Attach additional sheets of narrative and checklists as necessary)
(See attachment summary)
Name(s) and Signature(s) of Inspector(s) Agency/Office/Phone and Fax Numbers Date
Janet Cantwell ARO WQ//828-296-4500 Ext.4667/
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 NCO039187 I11 121 05/12/05 117 181cII
Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary)
Infiltration of rainwater from the gutter on the adjoining building into the wastewater treatment plant needs to
be corrected as soon as possible.
Page # 2

'ermit: NCO039187
Date: 12/05/2005
I
Owner - Facility: Valley View Shopping Center
Inspection Type: Compliance Evaluation
Operations & Maintenance Yes No NA NE
Is the plant generally clean with acceptable housekeeping? ■ ❑ ❑ ❑
Does the facility analyze process control parameters, for ex: MLSS, MCRT, Settleable Solids, pH, DO, Sludge ■ ❑ ❑ ❑
Judge, and other that are applicable?
Comment: The logbook showed the weekly process controls had not been done for
that week.
Sludge/scum around the edge of the plant needs to be removed.
n.,_._.:. I- -•. -•-
(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?
❑
N
❑
❑
Is access to the plant site restricted to the general public?
■
❑
❑
❑
Is the inspector granted access to all areas for inspection?
■
❑
❑
❑
Comment: Permit became effective December 1, 2005.
Record Keeping
Yes
No
NA
NE
Are records kept and maintained as required by the permit?
■
Cl
❑
❑
Is all required information readily available, complete and current?
■
❑
❑
❑
Are all records maintained for 3 years (lab. reg. required 5 years)?
■
❑
❑
❑
Are analytical results consistent with data reported on DMRs?
■
❑
❑
❑
Is the chain -of -custody complete?
❑
❑
❑
■
Dates, times and location of sampling
❑
Name of individual performing the sampling
❑
Results of analysis and calibration
❑
Dates of analysis
❑
Name of person performing analyses
❑
Transported COCs
❑
Are DMRs complete: do they include all permit parameters?
■
❑
❑
❑
Has the facility submitted its annual compliance report to users and DWQ?
■
❑
❑
❑
(If the facility is = or > 5 MGD permitted flow) Do they operate 24/7 with a certified operator on each shift?
❑
❑
■
❑
Is the ORC visitation log available and current?
■
❑
❑
❑
Is the ORC certified at grade equal to or higher than the facility classification?
■
❑
❑
❑
Is the backup operator certified at one grade less or greater than the facility classification?
■
❑
❑
❑
Page # 3

Permit: NCO039187
Inspection Date: 12/05/2005
Owner - Facility: Valley View Shopping Center
Inspection Type: Compliance Evaluation
Record f( eping
Yes
NO
NA
Nt
Is a copy of the current NPDES permit available on site?
■
n
n
n
Facility has copy of previous year's Annual Report on file for review?
■
n
n
n
Comment:
Bar Screens
Yes
No
NA
NE
Type of bar screen
a.Manual
■
b.Mechanical
n
Are the bars adequately screening debris?
■
n
n
n
Is the screen free of excessive debris?
■
❑
n
n
Is disposal of screening in compliance?
■
n
n
n
Is the unit in good condition?
■
n
n
n
Secondary.CIarifler
Yes
No
NA
NE
Is the clarifier free of black and odorous wastewater?
■
n
n
n
Is the site free of excessive buildup of solids in center well of circular clarifier?
❑
Cl
■
n
Are weirs level?
n
n
n
■
Is the site free of weir blockage?
■
n
n
n
Is the site free of evidence of short-circuiting?
■
n
n
n
Is scum removal adequate?
■
n
n
n
Is the site free of excessive floating sludge?
■
n
n
n
Is the drive unit operational?
n
n
■
n
Is the return rate acceptable (low turbulence)?
■
n
n
n
Is the overflow clear of excessive solids/pin floc?
n
■
n
n
Is the sludge blanket level acceptable? (Approximately %4 of the sidewall depth)
n
n
n
■
Comment: The effluent was murky due to infiltration of rain into the facility from a
downspout on the adjoining building. It was raining during the inspection and had also
been raining for a few days prior to the inspection. The downspout needs to be directed
away from the facility as soon as possible.
Aeration Basins Yes No NA NE
Mode of operation Ext. Air
Type of aeration system Diffused
Page # 4

Permit: NCO039187
Owner - Facility: Valley View Shopping Center
Inspection Date: 12/05/2005
Inspection Type: Compliance Evaluation
Aeration Basins
Yes
No
NA
NE
Is the basin free of dead spots?
■
❑
❑
❑
Are surface aerators and mixers operational?
❑
❑
■
❑
Are the diffusers operational?
■
❑
❑
❑
Is the foam the proper color for the treatment process?
■
❑
❑
❑
Does the foam cover less than 25% of the basin's surface?
■
❑
❑
❑
Is the DO level acceptable?
❑
❑
❑
■
Is the DO level acceptable?(1.0 to 3.0 mg/1)
❑
❑
❑
■
Comment:
Disinfection -Tablet
Yes
No
NA
NE
Are tablet chlorinators operational?
■
❑
❑
❑
Are the tablets the proper size and type?
■
❑
❑
❑
Number of tubes in use?
2
Is the level of chlorine residual acceptable?
❑
❑
❑
■
Is the contact chamber free of growth, or sludge buildup?
■
❑
❑
❑
Is there chlorine residual prior to de -chlorination?
❑
❑
❑
■
Comment:
Page # 5

Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Departmei. nvironment and Natural Resources
7 Alan W. Klimek, P.E. Director
Division of Water Quality
`C
August 4, 2005
Louis Wiener
Lone Star Equities
211 Broadway St Ste 207
Lynbrook, NY 11563
SUBJECT: Payment Acknowledgment
Civil Penalty Assessment
Valleyview Shopping Center
Permit Number: NCO039187
Case Number: LV-2003-0315
Buncombe County
Dear Mr. Wiener:
L
�+ AUG - 5 20Q5
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VVATER QUALITY SECTION
,��N�L��_I_G {�F_GIOIfAL OFFICE
This letter is to acknowledge receipt of check number 5248 in the amount of $350.00 received
from you dated July 26, 2005. This payment satisfies in full the above civil assessment levied
against the subject facility, and this case has been closed. Payment of this penalty in no way
precludes future action by this Division for additional violations of the applicable Statutes,
Regulations, or Permits.
If you have any questions, please call Bob Guerra at 919-733-5083 Ext. 539.
Sincerely,
Frances Candelaria
cc: Enforcement File #: LV-2003-0315
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Central Files
oe Caroiina
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Carolina Department of
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Surface `Hater Protection Section
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2090 U.S. Highway-70; SvgiRnnanoa, NC 28778
CHARLES W BURKETTE
VALLEY VIEW OF ASHEVILLE LLC
801.ATTON ROAD
SUITE 2
MIAMI BEACH FL 33139
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UNITED STATES POSTAL SERVE,
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North Ca,61ina Department of lox
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Division of Water Quality
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2090 U.S. Highway 70, Swannanoa, NC 28778
JANET CANTWELL
NCDENR-DWQ-SWP
2090 U.S. HIGHWAY 70
SWANNANCIA NC 28778
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North Cdrolina Department of
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Division of Water Quality
Surface Water Protection Section
NCDENR 2090 U.S�. Highway 70, Swannanba, NC 28778
CHARLES W BURKETTE
VALLEY VIEW OF ASHEVILLE LLC
801 ATTON ROAD
SUITE 2
-MIAMI BEACH FL 33139
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