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HomeMy WebLinkAboutNC0076082_Regional Office Physical File Scan Up To 11/6/2020WATER POLLUTION CONTROL SYSTEM OPERATOR DESIGNATI NCAC 15A 8G .0201 Press TAB to enter information Permittee Owner/Officer Name: }IVi -, - '_i; Resource -- FORM (WPCSOCC) JUL 2 7 2018 'hater Gtiatifi: Fin^1. �+ r Mailing Address: -3 () R� -, Phone: ^ ,9 - J��'� j =1-1-H 9 City: 1 eildgrSQn \,j \ 11 e_ State: C _ Zip: ':2 Uca Email Address: Signature: Date: 7- 16 - I R Facility Name: PO /-W_I411 u W (n H Permit # M G 0 p--7 (, O R ,;z County: �CY1ClPf`�C1'\ YOU MUST SUBMIT A SEPARATE FORM FOR EACH TYPE AND CLASSIFICATION OF SYSTEM: Facility Type: Select Facility Grade: Select Print Full Name: Certificate Type: WW Email Address: IC' I OPERATOR IN RESPONSIBLE CHARGE (ORC) Certificate Grade: II WorkPhone: Certificate #: , C� Signature: _ Effective Date: R-- j- Q D l X) "I certify that 1 agree to dy designation as the Operator in Responsible Charge for the facility noted. I understand and will abide by the rules and regulations pertaining to the responsibilities of the ORC as set forth in 15A NCAC 08G .0204 and failing to do so can result in Disciplinary Actions by the Water Pollution Control System Operators Certification Commission." BACKUP ORC Print Full Name: --5-C'sov, How.<d 0,111he 3 Work Phone: JoZS 76S 6%6� Certificate Type: WW Certificate Grade: II Certificate #:.23 96 Email Address: Signature: Effective Date: 'R "I certify that/ agree o my designation as a Back-up Operator in Responsible Charge for the facility noted. 1 understand and will abide by the rules and regulations pertaining to the responsibilities of the ORC as set forth in 15A NCAC 08G .0204 and failing to do so can result in Disciplinary Actions by the Water Pollution Control System Operators Certification Commission." Mail, fax or email WPCSOCC, 1618 Mail Service Center, Fax: 919-715-2726 ORIGINAL to: Raleigh, NC 27699-1618 Mail or Fax Asheville a COPY to: 2090 US Hwy 70 Swannanoa, NC 28778 Fax:828-299-7043 Phone: 828-296-4500 Washington 943 Washington Sq. Mall Washington, NC 27889 Fax:252-946-9215 Phone:252-946-6481 Fayetteville 225 Green St., Suite 714 Fayetteville, NC 28301-5043 Fax: 910-486-0707 Phone: 910-433-3300 Wilmington 127 Cardinal Dr. Wilmington, NC 28405-2845 Fax: 910-350-2004 Phone: 910-796-7215 Mooresville Raleigh 610 E. Center Ave., Suite 301 3800 Barrett Dr. Mooresville, NC 28115 Raleigh, NC 27609 Fax:704-663-6040 Fax:919-571-4718 Phone:704-663-1699 Phone:919-791-4200 Winston-Salem 45 W. Hanes Mall Rd. Winston-Salem, NC 27105 Fax: 336-776-9797 Phone: 336-776-9800 Revised 412016 WATER POLLUTION CONTROL SYSTEM OPERATOR DESIG NCAC 15A 8G .0201 Press TAB to enter information Permittee Owner/Officer Name: IJ FiESULJrCer ON FORM (WPCSOCt) JUL 2 7 2018 Mailing Address: 3 l 1 7 R Gl City: Email Address: Signature: a9-7 7Q Facility Name: .1QQ_ ( 1Cj k01a_ (Y) �A t Permit # C- 00`d (n0 g a County: �torl Pr_&0IL'$ YOU MUST SUBMIT A SEPARATE FORM FOR EACH TYPE AND CLASSIFICATION OF SYSTEM: Facility Type: Select Facility Grade: Select OPERATOR IN RESPONSIBLE CHARGE (ORC) Print Full Name: �P 1, fo C i s r'}i S (& k Work Phone: Q q-e:)) 6 S Certificate Type: WW Certificate Grade: II Certificate #: I CI Email Address: Signature: Effective Date: t? - ) - a C) I R_ "I certify that/ agree to 4ny des gnotion as the Operator in Responsible Charge for the facility noted. 1 understand and will abide by the rules and regulations pertaining to the responsibilities of the ORC as set forth in 15A NCAC 08G .0204 and failing to do so can result in Disciplinary Actions by the Water Pollution Control System Operators Certification Commission." BACKUP ORC771 Print Full Name: ,� j19� r' Work Phone: _5- 4, 7 - Certificate Type: WW Certifica a Grade: IV Certificate #: !y'Cf s U Email Address: (rz)Wn6 �r►,�; 1 Signature: �Lu; y/� , Effective Date: - - ,��` Q "I certify that 1 agree to my designation as a Back-up Operator Responsible Charge for the facility noted. I understand and will abide by the rules and regulations pertaining to the responsibilities of the ORC as set forth in 15A NCAC 08G .0204 and failing to do so can result in Disciplinary Actions by the Water Pollution Control System Operators Certification Commission." Mail, fax or email WPCSOCC, 1618 Mail Service Center, Fax: 919-715-2726 ORIGINAL to: Raleigh, NC 27699-1618 Mail or Fax Asheville Fayetteville a COPY to: 2090 US Hwy 70 225 Green St., Suite 714 Swannanoa, NC 28778 Fayetteville, NC 28301-5043 Fax:828-299-7043 Fax:910-486-0707 Phone:828-296-4S00 Phone:910-433-3300 Washington 943 Washington Sq. Mall Washington, NC 27889 Fax:252-946-9215 Phone: 252-946-6481 Wilmington 127 Cardinal Dr. Wilmington, NC 28405-2845 Fax: 910-350-2004 Phone: 910-796-7215 Mooresville 610 E. Center Ave., Suite 301 Mooresville, NC 28115 Fax: 704-663-6040 Phone:704-663-1699 Winston-Salem 45 W. Hanes Mall Rd. Winston-Salem, NC 27105 Fax: 336-776-9797 Phone: 336-776-9800 Raleigh 3800 Barrett Dr. Raleigh, NC 27609 Fax: 919-571-4718 Phone: 919-791-4200 Revised 412016 PAT Tyt�:Gi�'.OR�: AiT, Am, IiZALI;' Certified Mail # 7012 1010 0002 1965 5546 Return Receipt Requested June 7, 2016 Walter T McGee, President Biltmore Investments LTD PO Box 745 Hendersonville, NC 28793 SUBJECT: NOTICE OF VIOLATION Tracking Number: NOV-2016-MV-0075 Permit No. NCO076082 Bear Wallow Valley MHP WWTP Henderson County Dear Permittee: A review of the November 2015 Discharge Monitoring Report (DMR) for the subject facility revealed the violation(s) indicated below: Monitoring Violation(s): Sample Location Parameter Monitoring Date Frequency Type of Violation 001 Effluent pH (00400) Week ending 11/28/2015 Weekly Frequency Violation 001 Effluent Temperature, Water Deg. Week ending 11/28/2015 Weekly Frequency Violation Centigrade (00010) Remedial actions, if not already implemented, should be taken to correct any noted problems. The Division of Water Resources may pursue enforcement actions for this and any additional violations. If the above parameters were left off inadvertently, please send amended DMRs within 10 business days of receipt of this letter to Raleigh at the address found .on the front page of your DMR and also a copy to this office. State of North Carolina I Environmental Quality I Water Resources 2090 U.S. 70 Highway, Swannanoa, NC 28778 828-296-4500 Please refer to the latest letter titled "Electronic Reporting Requirements" dated March 31, 2016, concerning registering to use the Division's new a-DMR system for the completion and electronic submittal of monthly Discharge Monitoring Reports (DMRs). If you have any questions concerning this matter, please contact Janet Cantwell of the Asheville Regional Office at 828-296-4500. Sincerely, G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDEQ Cc: r7jWQS Ashevill:e_Region-al_Offi_ce-Enforc eme nt-File e i_ `-, NPDES Compliance/Enforcement Unit - Enforcement File Kevin White/ ORC G:\WR\VVQ\Henderson\Wastewater\Minors\Bear Wallow Valley MHP 76082\NOV-2016-MV-0075.rtf Certified Mail ##' 7016 1370 00016571 9192 Return Receipt Requested May 17, 2017 Walter T McGee, President Biltmore Investments LTD PO Box 745 , Hendersonville, NC 28793 SUBJECT: NOTICE OF DEFICIENCY Tracking Number: NOD-2017-MV-0031 Permit No. NCO076082 Bear Wallow Valley MHP WWTP Henderson County Dear Permittee: ROY CO01PER 'kA J CHA.Et,ItE.G' �CYt�PGCy S. JAY Z W MERMAN: T�trr�trer A review of the October 2016 Discharge Monitoring Report (DMR) for the subject facility revealed the deficiency(s) indicated below: Monitoring Deficiency(s): Sample Monitoring Location Parameter Date Frequency Type of Deficiency 001 Effluent Chlorine, Total Residual (50060) 10/29/2016 2 X week Frequency Violation Please be aware that non-compliance with your permit could result in enforcement action by the Division of Water Resources for these and any additional violations of State law. The Asheville Regional Office encourages you to take all necessary actions to bring your facility into compliance. If you should need any assistance or would like to discuss this non-compliance situation, please contact Janet Cantwell of the Asheville Regional Office at 828-296-4500. Sincerely, G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDEQ Gc: M �heuiOeMRegional�:Offlce����aforcement NPDES Compliance/Enforcement Unit - Enforcement File G:\WR\WQ\Henderson\Wastewater\Minors\Bear Wallow Valley MHP 76082\NOD-2017-MV-0031 State of North Carolina I Environmental Quality I Water Resources 2090 U.S. 70 Highway, Swannanoa, NC 28778 Al 828-296-4500 o F 3 e P'AT M�CI�.ORY'. .�i3OFB/7idA' T7IALI� R. A+A.13ER t AR �ecre . �g Certified Mail # 7012 1010 00021965 5662 Return Receipt Requested April 29, 2016 Walter T McGee, President Biltmore Investments LTD PO Box 745 Hendersonville, NC 28793 SUBJECT: NOTICE`OF VIOLATION Tracking Number: NOV-2016-MV-0064 Permit No. NCO076082 Bear Wallow Valley MHP WWTP Henderson County Dear Permittee: A review of the August 2015 Discharge Monitoring Report (DMR) for the subject facility revealed the violation(s) indicated below: Monitoring Violation(s): Sample I Monitoring Location Parameter Date Frequency Type of Violation 001 Effluent pH (00400) 8/8/2015 Weekly Frequency Violation 001 Effluent Temperature, Water Deg. 8/8/2015 Weekly Frequency Violation Centigrade (00010) 001 Effluent pH (00400) 8/15/2015 Weekly Frequency Violation 001 Effluent Temperature, Water Deg. .8/15/2015 Weekly Frequency Violation Centigrade (00010) Remedial actions, if not already implemented, should be taken to correct any noted problems. The Division of Water Resources may pursue enforcement actions for this and any additional violations. If the above parameters were left off inadvertently, please send amended DMRs within 10 business days of receip of this letter. to Raleigh at the address found on the front page of your DMR and also a copy to this office. State of North Carolina I Environmental Quality I Water Resources 2090 U.S. 70 Highway, Swannanoa, NC 28778 828-296-4500 i If you have any questions concerning this matter, please contact Janet Cantwell of the Asheville Regional Office at 828-296-4500. Sincerely, G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDEQ Cc' WQ Ashe ille Regio�nal-0ffice=Enfor-ee_ment:FlI NPDES Compliance/Enforcement Unit - Enforcement File Kevin White/ Whitewater Environmental/ ORC G:\WR\WQ\Henderson\Wasteovater\Minors\Bear Wallow Valley MHP 76082\NOV-2016-MV-0064.rti. Water Resources ENVIRONMENTAL QUALITY Mr. Walter T. McGee, President Biltmore Investments, LTD PO Box 745, Hendersonville, North Carolina 28739 Dear Mr. McGee: PAT MCCRORY Governor- DONALD R. VAN DER VAART Secreimy January 22, 2015 1 F E 6- 3 2016 Water Quality. Regional Operations /shevllie firlgi:onal OfEce Subject: Issuance of NPDES Permit NCO076082 Bear Wallow Valley MHP WWTP 1975 Bear Wallow Road, Hendersonville Henderson County The Division of Water Resources (the Division) hereby issues the attached NPDES permit for the subject facility. We issue this permit 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. Changes for Renewal. The Division understands [from your consultant, Whitewater Environmental, LLC] that you have made no significant changes to your treatment processes since last renewal. We have therefore made only minimal changes to your permit by updating your permit format and site map. However, please note that electronic reporting of Discharge Monitoring Reports (DMRs) is now required. Implementing Electronic Discharge Monitoring Reports (eDMRs). Please be advised that the Division has implemented an electronic Discharge Monitoring Report (eDMR) program, in accord with pending requirements by the Environmental Protection Agency (EPA). We include the details to implement the eDMR program in this permit [see Section A. (2.)]. Proposed federal regulations require electronic submittal of all DMRs and specify that, if North Carolina does not establish a program to receive such submittals, Permittees must then submit eDMRs directly to EPA. For more information on eDMRs, registering for eDMR submittal, 'and obtaining an eDMR user account, please visit DWR's webpage: http://portal.nedenr.org/web/wq/admin/bog/i L/p edmr. For information on EPA's proposed NPDES Electronic Reporting Rule, please visit EPA's website: http://www2.epa. ovg_ /compliance/proposed-npdes-electronic-reportin -rule 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 Phone: 919-807-63001 FAX: 919-807-64921 Customer Service:1-877-623-6748 Internet: www.ncwate�quality.org . An Equal Opportunity 1 Affirmative Action Employer Perinit NCO076082 A. (2.) ELECTRONIC REPORTING - 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 and implemented 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.) Reporting Section D. (6.) Records Retention Section E. (5.) Monitoring Reports Reporting [Supersedes Part II, Section D. (2.) and Section E. (5.) (a)] Beginning no later than 270 days from the effective date of this permit, the Permittee shall report discharge monitoring data electronically using the NC DWR's Electronic Discharge Monitoring Report (eDMR) internet application. Monitoring results obtained during the previous month(s) shall be summarized for each month and submitted electronically using eDMR. The eDMR system allows permitted facilities to enter monitoring data and submit DMRs electronically using the internet. Until such time that the state's eDMR application is compliant with EPA's Cross -Media Electronic Reporting Regulation (CROMERR), Permittees will be required to submit all discharge monitoring data to the state electronically using eDMR and will be required to complete the eDMR submission by printing, signing, and submitting one signed original and a copy of the computer printed eDMR to the following address: NCDEQ / 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 Permit NCO076082 Information on eDMR and application for a temporary waiver from the NPDES electronic reporting requirements is found on the following web page: http://portal.NCDEQ. 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. Signatory Requirements [Supplements Part II, Section B. (11.) (b) and supersedes Section B. (11.) (d)] All eDMRs submitted to the permit issuing authority shall be signed by a person described in Part II, Section B. (11.)(a) or by a duly authorized representative of that person as described in Part II, Section B. (I 1.)(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.NCDEQ.org/web/wq/admin/bog/l*pu/edmr Certification. Any person submitting an electronic DMR using the state's eDMR system shall make the following certification [40 CFR 122.22]. NO OTHER STATEMENTS OF CERTIFICATION WILL BE ACCEPTED: "I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons_ directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisomnent for knowing violations." Records Retention [Supplements Part II, Section D. (6.)] The Permittee shall retain records of all Discharge Monitoring Reports, including eDMR submissions. These records or copies shall be maintained for a period of at least 3 years from the date of the report. This period may be extended by request of the Director at any time [40 CFR 122.41]. Page 5 of 5 3Gac]',•Y G ^y} Jn hCl .,s C 3 {}�r.,i a'CJ L1 C V� Ct fi � -/�.9 ,J+ 3 � �: - •" JiJL?? 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U ,.: a c• 47 l• [ �O rJ G � iY �.a�J ,�� . 1( - t'r �, ^, L rJ L`' C] t • �a% Q I • r -.- ^ ", tyua � tiJ b t R 0 O J v c, w 0 rr [a �/� h � ¢ ._ . ' v a. , n J 7) �i Vq ..-.I a ✓ C� ;�_•...✓'✓• ..1 R >✓• 9 4 Q � � I .LrJ C1 .. '�1 v L`' ' ,:. ; '4 ^ 4 n Ce Jr'" _ _ • . � � ¢. .�i Gi Q J R v !ct u !"1 o f-' o wop�o n h� i cc rn Pr rn r/� C hJ N d I J � 3 cc N N O v O y t+'1 W O fs-, ca G • d ai cc0 'O y 'd R U aa��xlA NPDES Permit Standard Conditions Page 1 of 18 PART II STANDARD CONDITIONS FOR NPDES PERMITS Section A. Definitions 2/Month Samples are collected twice per month with at least ten calendar days between sampling events. These samples shall be representative of the wastewater discharged during the sample period. 3/Week Samples are collected three times per week on three separate calendar days. These samples shall be representative of the wastewater discharged during the sample period. Act or "the Act" The Federal Water Pollution Control Act, also known as the Clean Water Act (CWA), as amended, 33 USC 1251, et. seq. Annual Average The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar year. In the case of fecal coliform, the geometric mean of such discharges. Arithmetic Mean The summation of the individual values divided by the number of individual values. Bypass The known diversion of waste streams from any portion of a treatment facility including the collection system, which is not a designed or established or operating mode for the facility. Calendar Day The period from midnight of one day until midnight of the next day. However, for purposes of this permit, any consecutive 24-hour period that reasonably represents the calendar day may be used for sampling. Calendar Week The period from Sunday through the following Saturday. Calendar Quarter One of the following distinct periods: January through March, April through June, July through September, and October through December. Composite Sample A sample collected over a 24-hour period by continuous sampling or combining grab samples of at least 100 mL in such a manner as to result in a total sample representative of the wastewater discharge during the sample period. The Director may designate the most appropriate method (specific number and size of aliquots necessary, the time interval between grab samples, etc.) on a case -by -case basis. Samples may be collected manually or automatically. Composite samples may be obtained by the following methods: (1) Continuous: a single, continuous sample collected over a 24-hour period proportional to the rate of flow. (2) Constant time/variable volume: a series of grab samples collected at equal time intervals over a 24 hour period of discharge and combined proportional to the rate of flow measured at the time of individual sample collection, or (3) Variable time/constant volume: a series of grab samples of equal volume collected over a 24 hour period with the time intervals between samples determined by a preset number of gallons passing the sampling point. Flow measurement between sample intervals shall be determined by use of a flow recorder and totalizer, and the preset gallon interval between sample collection fixed at no greater than 1/24 of the expected total daily flow at the treatment system, or Version 1110912011.1 NPDES Permit Standard Conditions Page 2 of 18 (4) Constant time/constant volume: a series of grab samples of equal volume collected over a 24-hour period at a constant time interval. Use of this method requires prior approval by the Director. This method may only be used in situations where effluent flow rates vary less than 15 percent. The following restrictions also apply: ➢ Influent and effluent grab samples shall be of equal size and of no less than 100 milliliters ➢ Influent samples shall not be collected more than once per hour. ➢ Permittees with wastewater treatment systems whose detention time < 24 hours shall collect effluent grab samples at intervals of no greater than 20 minutes apart during any 24-hour period. ➢ Permittees with wastewater treatment systems whose detention time exceeds 24 hours shall collect effluent grab samples at least every six hours; there must be a minimum of four samples during a 24-hour sampling period. Continuous flow measurement Flow monitoring that occurs without interruption throughout the operating hours of the facility. Flow shall be monitored continually except for the infrequent times when there may be no flow or for infrequent maintenance activities on the flow device. Daily Discharge The discharge of a pollutant measured during a calendar day or any 24-hour period that reasonably represents the calendar day for purposes of sampling. For pollutants measured in units of mass, the "daily discharge" is calculated as the total mass of the pollutant discharged over the day. For pollutants expressed in other units of measurement, the "daily discharge" is calculated as the average measurement of the pollutant over the day. (40 CFR 122.2; see also "Composite Sample," above.) Daily Maximum The highest "daily discharge" during the calendar month. Daily Sampling Parameters requiring daily sampling shall be sampled 5 out of every 7 days per week unless otherwise specified in the permit. Sampling shall be conducted on weekdays except where holidays or other disruptions of normal operations prevent weekday sampling. If sampling is required for all seven days of the week for any permit parameter(s), that requirement will be so noted on the Effluent Limitations and Monitoring Page(s). DWR or "the Division" The Division of Water Resources, Department of Environment and Natural Resources. Effluent Wastewater discharged following all treatment processes from a water pollution control facility or other point source whether treated or untreated: EMC The North Carolina Environmental Management Commission EPA The United States Environmental Protection Agency Facility Closure Cessation of all activities that require coverage under this NPDES permit. Completion of facility closure will allow this permit to be rescinded. Geometric Mean The Nth root of the product of the individual values where N = the number of individual values. For purposes of calculating the geometric mean, values of "0" (or "< [detection level]") shall be considered = 1. Grab Sample Individual samples of at least 100 mL collected over a period of time not exceeding 15 minutes. Grab samples can be collected manually. Grab samples must be representative of the discharge (or the receiving stream, for instream samples). Version 1110912011.1 NPDES Permit Standard Conditions Page 3 of 18 Hazardous Substance Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the CWA. Instantaneous flow measurement The flow measured during the minimum time required for the flow measuring device or method to produce a result in that instance. To the extent practical, instantaneous flow measurements coincide with the collection of any grab samples required for the same sampling period so that together the samples and flow are representative of the discharge during that sampling period. Monthly Average (concentration limit) The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar month. In the case of fecal coliform or other bacterial parameters or indicators, the geometric mean of such discharges. Permit Issuing Authority The Director of the Division of Water Resources. Quarterly Average concentration limit) The arithmetic mean of all samples taken over a calendar quarter. Severe 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 122.411. a. The Permittee shall comply with effluent standards or prohibitions established under section 307(a) of the CWA for toxic pollutants and with standards for sewage sludge use or disposal established under section 405(d) of the CWA within the time provided in the regulations that establish these standards or prohibitions or standards for sewage sludge use or disposal, even if the permit has not yet been modified to incorporate the requirement. b. The CWA provides that any person who violates section[s] 301, 302, 306, 307, 308, 318 or 405 of the Act, or any permit condition or limitation implementing any such sections in a permit issued under section 402, or any requirement imposed in a pretreatment program approved under sections 402(a)(3) or 402(b)(8) of the Act, is subject to a civil penalty not to exceed $37,500 per day for each violation. [33 USC 1319(d) and 40 CFR 122.41(a)(2)] c. The CWA provides that any person who negligently violates sections 301, 302, 306, 307, 308, 318, or 405 of the Act, or any condition or limitation implementing any of such sections in a permit issued under section 402 of the Act, or any requirement imposed in a pretreatment program approved under section 402(a)(3) or 402(b)(8) of the Act, is subject to criminal penalties of $2,500 to $25,000 per day of violation, or Version 1110912011.1 NPDES Permit Standard Conditions Page 4 of 18 imprisonment of not more than 1 year, or both. In the case of a second or subsequent conviction for a negligent violation, a person shall be subject to criminal penalties of not more than $50,000 per day of violation, or by imprisonment of not more than 2 years, or both. [33 USC 1319(c)(1) and 40 CFR 122.41(a)(2)] d. Any person who knowingly violates such sections, or such conditions or limitations is subject to criminal penalties of $5,000 to $50,000 per day of violation, or imprisonment for not more than 3 years, or both. In the case of a second or subsequent conviction for a knowing violation, a person shall be subject to criminal penalties of not more than $100,000 per day of violation, or imprisonment of not more than 6 years, or both. [33 USC 1319(c)(2) and 40 CFR 122.41(a)(2)] e. Any person who knowingly violates section 301, 302, 303, 306, 307, 308, 318 or 405 of the Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of the Act, and who knows at that time that he thereby places another person in imminent danger of death or serious bodily injury, shall, upon conviction, be subject to a fine of not more than $250,000 or imprisonment of not more than 15 years, or both. In the case of a second or subsequent conviction for a knowing endangerment violation, a person shall be subject to a fine of not more than $500,000 or by imprisonment of not more than 30 years, or both. An organization, as defined in section 309(c)(3)(B)(iii) of the CWA, shall, upon conviction of violating the imminent danger provision, be subject to a fine of not more than $1,000,000 and can be fined up to $2,000,000 for second or subsequent convictions. [40 CFR 122.41(a)(2)] f. Under state law, a civil penalty of not more than $25,000 per violation may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of a permit. [North Carolina General Statutes § 143-215.6A] g. Any person may be assessed an administrative penalty by the Administrator for violating section 301, 302, 306, 307, 308, 318 or 405 of this Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of this Act. Administrative penalties for Class I violations are not to exceed $16,000 per violation, with the maximum amount of any Class I penalty assessed not to exceed $37,500. Penalties for Class II violations are not to exceed $16,000 per day for each day during which the violation continues, with the maximum amount of any Class H penalty not to exceed $177,500. [33 USC 1319(g)(2) and 40 CFR 122.41(a)(3)] 2. Duty to Mitigate The Permittee shall take all reasonable steps to minimize or prevent any discharge or sludge use or disposal in violation of this permit with a reasonable likelihood of adversely affecting human health or the environment [40 CFR 122.41(d)]. Civil and Criminal Liability Except as provided in permit conditions on 'Bypassing" (Part II.CA), "Upsets" (Part II.C.S) and 'Power Failures" (Part H.C.7), nothing in this permit shall be construed to relieve the Permittee from any responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3, 143-215.6 or Section 309 of the Federal Act, 33 USC 1319. Furthermore, the Permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 4. Oil and Hazardous Substance Liability Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the Permittee from any responsibilities, liabilities, or penalties to which the Permittee is or may be subject to under NCGS 143- 215.75 et seq. or Section 311 of the Federal Act, 33 USG 1321. Furthermore, the Permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 5. Property Rights The issuance of this permit does not convey any property rights in either real or personal property, or any exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor any infringement of Federal, State or local laws or regulations [40 CFR 122.41(g)]. 6. Onshore or Offshore Construction This permit does not authorize or approve the construction of any onshore or offshore physical structures or facilities or the undertaking of any work in any navigable waters. Version 1110912011.1 NPDES Permit Standard Conditions Page 5 of 18 7. Severability The provisions of this permit are severable. If any provision of this permit, or the application of any provision of this permit to any circumstances, is held invalid, the application of such provision to other circumstances, and the remainder of this permit, shall not be affected thereby [NCGS 15013-23]. 8. Duty to Provide Information The Permittee shall furnish to the Permit Issuing Authority, within a reasonable time, any information which the Permit Issuing Authority may request to determine whether cause exists for modifying, revoking and reissuing, or terminating this permit or to determine compliance with this permit. The Permittee shall also furnish to the Permit Issuing Authority upon request, copies of records required by this permit [40 CFR 122.41(h)]. 9. Duty to Reapply If the Permittee wishes to continue an activity regulated by this permit after the expiration date of this permit, the Permittee must apply for and obtain a new permit [40 CFR 122.41(b)]. 10. Expiration of Permit The Permittee is not authorized to discharge after the expiration date. In order to receive automatic authorization to discharge beyond the expiration date, the Permittee shall submit such information, forms, and fees as are required by the agency authorized to issue permits no later than 180 days prior to the expiration date unless permission for a later date has been granted by the Director. (The Director shall not grant permission for applications to be submitted later than the expiration date of the existing permit.) [40 CFR 122.21(d)] Any Permittee that has not requested renewal at least 180 days prior to expiration, or any Permittee that does not have a permit after the expiration and has not requested renewal at least 180 days prior to expiration, will subject the Permittee to enforcement procedures as provided in NCGS 143-215.6 and 33 USC 1251 et. seq. 11. Si ng atory Requirements All applications, reports, or information submitted to the Permit Issuing Authority shall be signed and certified [40 CFR 122.41(k)]. a. All permit applications shall be signed as follows: (1) For a corporation: by a responsible corporate officer. For the purpose of this Section, a responsible corporate officer means: (a) a president, secretary, treasurer or vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision making functions for the corporation, or (b) the manager of one or more manufacturing, production, or operating facilities, provided, the manager is authorized to make management decisions which govern the operation of the regulated facility including having the explicit or implicit duty of making major capital investment recommendations, and initiating and directing other comprehensive measures to assure long term environmental compliance with environmental laws and regulations; the manager can ensure that the necessary systems are established or actions taken to gather complete and accurate information for permit application requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures . (2) For a partnership or sole proprietorship: by a general partner or the proprietor, respectively; or (3) For a municipality, State, Federal, or other public agency: by either a principal executive officer or ranking elected official [40 CFR 122.22]. b. All reports required by the permit and other information requested by the Permit Issuing Authority shall be signed by a person described in paragraph a. above or by a duly authorized representative of that person. A person is a duly authorized representative only if: (1) The authorization is made in writing by a person described above; (2) The authorization specified either an individual or a position having responsibility for the overall operation of the regulated facility or activity, such as the position of plant manager, operator of a well or well field, superintendent, a position of equivalent responsibility, or an individual or position having overall responsibility for environmental matters for the company. (A duly authorized representative may thus be either a named individual or any individual occupying a named position.); and (3) The written authorization is submitted to the Permit Issuing Authority [40 CFR 122.22] Version 1110912011.1 NPDES Permit Standard Conditions Page 6 of 18 c. Changes to authorization: If an authorization under paragraph (b) of this section is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, a new authorization satisfying the requirements of paragraph (b) of this section must be submitted to the Director prior to or together with any reports, information, or applications to be signed by an authorized representative [40 CFR 122.22] d. Certification. Any person signing a document under paragraphs a. or b. of this section shall make the following certification [40 CFR 122.22]. NO OTHER STATEMENTS OF CERTIFICATION WILL BE ACCEPTED: 7 certify, underpenalty of law, that this document and all attachments wereprepared 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 orpersons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility offines and imprisonment for knowing violations. " 12. Permit Actions This permit may be modified, revoked and reissued, or terminated for cause. The filing of a request by the Permittee for a permit modification, revocation and reissuance, or termination, or a notification of planned changes or anticipated noncompliance does not stay any permit condition [40 CFR 122.41(f)]. 13. Permit Modification Revocation and Reissuance, or Termination The issuance of this permit does not prohibit the permit issuing authority from reopening and modifying the permit, revoking and reissuing the permit, or terminating the permit as allowed by the laws, rules, and regulations contained in Title 40, Code of Federal Regulations, Parts 122 and 123; Title 15A of the North Carolina Administrative Code, Subchapter 02H .0100; and North Carolina General Statute 143.215.1 et. al. 14. Annual Administering and Compliance Monitoring Fee Requirements The Permittee must pay the annual administering and compliance monitoring fee within thirty days after being billed by the Division. Failure to pay the fee in a timely manner in accordance with 15A NCAC 02H .0105(b)(2) may cause this Division to initiate action to revoke the permit. Section C. Operation and Maintenance of Pollution Controls 1. Certified Operator Owners of classified water pollution control systems must designate operators, certified by the Water Pollution Control System Operators Certification Commission (WPCSOCC), of the appropriate type and grade for the system, and, for each classification must [T15A NCAC 08G .0201]: a. designate one Operator In Responsible Charge (ORC) who possesses a valid certificate of the type and grade at least equivalent to the type and grade of the system; b. designate one or more Back-up Operator(s) in Responsible Charge (Back-up ORCs) who possesses a valid certificate of the type of the system and no more than one grade less than the grade of the system, with the exception of no backup operator in responsible charge is required for systems whose minimum visitation requirements are twice per year; and c. submit a signed completed "Water Pollution Control System Operator Designation Form" to the Commission (or to the local health department for owners of subsurface systems) countersigned by the designated certified operators, designating the Operator in Responsible Charge (ORC) and the Back-up Operator in Responsible Charge (Back-up ORC): (1) 60 calendar days prior to wastewater or residuals being introduced into a new system; or (2) within 120 calendar days following: ➢ receiving notification of a change in the classification of the system requiring the designation of a new Operator in Responsible Charge (ORC) and Back-up Operator in Responsible Charge (Back-up ORC) of the proper type and grade; or ➢ a vacancy in the position of Operator in Responsible Charge (ORC) or Back-up Operator in Responsible Charge (Back-up ORC). Version 1110912011.1 NPDES Permit Standard Conditions Page 7 of 18 (3) within seven calendar days of vacancies in both ORC and Back-up ORC positions replacing or designating at least one of the responsibilities. The ORC of each Class I facility (or the Back-up ORC, when acting as surrogate for the ORC) must: ➢ Visit the facility as often as is necessary to insure proper operation of the treatment system; the treatment facility must be visited at least weekly ➢ Comply with all other conditions of 15A NCAC 08G .0204. The ORC of each Class ll, Ill and IV facility (or the Back-up ORC, when acting as surrogate for the ORC) must: ➢ Visit the facility as often as is necessary to insure proper operation of the treatment system; the treatment facility must be visited at least five days per week, excluding holidays ➢ Properly manage and document daily operation and maintenance of the facility ➢ Comply with all other conditions of 15A NCAC 08G .0204. 2. Proper Operation and Maintenance The Permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the Permittee to achieve compliance with the conditions of this permit. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures. This provision requires the Permittee to install and operate backup or auxiliary facilities only when necessary to achieve compliance with the conditions of the permit [40 CFR 122.41(e)]. NOTE: Properly and officially designated operators are fully responsible for all proper operation and maintenance of the facility, and all documentation required thereof, whether acting as a contract operator [subcontractor] or a member of the Permittee's staff. 3. Need to Halt or Reduce not a Defense It shall not be a defense for a Permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the condition of this permit [40 CFR 122.41(c)]. 4. Bypassing of Treatment Facilities a. Bypass not exceeding limitations [40 CFR 122.41(m)(2)] The Permittee may allow any bypass to occur which does not cause effluent limitations to be exceeded, but only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the provisions of Paragraphs b. and c. of this section. b. Notice [40 CFR 122.41(m)(3)] (1) Anticipated bypass. If the Permittee knows in advance of the need for a bypass, it shall submit prior notice, if possible at least ten days before the date of the bypass; including an evaluation of the anticipated quality and effect of the bypass. (2) Unanticipated bypass. The Permittee shall submit notice of an unanticipated bypass as required in Part II.E.6. (24-hour notice). c. Prohibition of Bypass (1) Bypass from the treatment facility is prohibited and the Permit Issuing Authority may take enforcement action against a Permittee for bypass, unless: (A) Bypass was unavoidable to prevent loss of life, personal injury or severe property damage; (B) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate backup equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and (C) The Permittee submitted notices as required under Paragraph b. of this section. (2) Bypass from. the collection system is prohibited and the Permit Issuing Authority may take enforcement action against a Permittee for a bypass as provided in any current or future system -wide collection system permit associated with the treatment facility. Version 1110912011.1 NPDES Permit Standard Conditions Page 8 of 18 (3) The Permit Issuing Authority may approve an anticipated bypass, after considering its adverse effects, if the Permit Issuing Authority determines that it will meet the three conditions listed above in Paragraph c. (1) of this section. 5. Upsets a. Effect of an upset [40 CFR 122.41(n)(2)]: An upset constitutes an affirmative defense to an action brought for noncompliance with such technology based permit effluent limitations if the requirements of paragraph b. of this condition are met. No determination made during administrative review of claims that noncompliance was caused by upset, and before an action for noncompliance, is final administrative action subject to judicial review. b. Conditions necessary for a demonstration of upset: Any Permittee who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that: (1) An upset occurred and that the Permittee can identify the cause(s) of the upset; (2) The Permittee facility was at the time being properly operated; and (3) The Permittee submitted notice of the upset as required in Part II.E.6.(b) of this permit. (4) The Permittee complied with any remedial measures required under Part II.13.2. of this permit. c. Burden of proof [40 CFR 122.41(n)(4)]: The Permittee seeking to establish the occurrence of an upset has the burden of proof in any enforcement proceeding. Removed Substances Solids, sludges, filter backwash, or other pollutants removed in the course of treatment or control of wastewaters shall be utilized/disposed of in accordance with NCGS 143-215.1 and in a manner such as to prevent any pollutant from such materials from entering waters of the State or navigable waters of the United States except as permitted by the Commission. The Permittee shall comply with all applicable state and Federal regulations governing the disposal of sewage sludge, including 40 CFR 503, Standards for the Use and Disposal of Sewage Sludge; 40 CFR Part 258, Criteria For Municipal Solid Waste Landfills; and 15A NCAC Subchapter 2T, Waste Not Discharged To Surface Waters. The Permittee shall notify the Permit Issuing Authority of any significant change in its sludge use or disposal practices. 7. Power Failures The Permittee is responsible for maintaining adequate safeguards (as required by 15A NCAC 02H .0124) to prevent the discharge of untreated or inadequately treated wastes during electrical power failures either by means of alternate power sources, standby generators or retention of inadequately treated effluent. Section D. Monitoring and Records Representative Sampling Samples collected and measurements taken, as required herein, shall be representative of the permitted discharge. Samples collected at a frequency less than daily shall be taken on a day and time that is representative of the discharge for the period the sample represents. All samples shall be taken at the monitoring points specified in this permit and, unless otherwise specified, before the effluent joins or is diluted by any other wastestream, body of water, or substance. Monitoring points shall not be changed without notification to and the approval of the Permit Issuing Authority [40 CFR 122.410)]. 2. Reporting Monitoring results obtained during the previous month(s) shall be summarized for each month and reported on a monthly Discharge Monitoring Report (DMR) Form (MR 1, 1. 1, 2, 3) or alternative forms approved by the Director, postmarked no later than the last calendar day of the month following the completed reporting period. The first DMR is due on the last day of the month following the issuance of the permit or in the case of a new facility, on the last day of the month following the commencement of discharge. Duplicate signed copies of these, and all other reports required herein, shall be submitted to the following address: Version 1110912011.1 NPDES Permit Standard Conditions Page 9of18 NC DENR / Division of Water Resources / Water Quality Permitting Section ATTENTION: Central Files 1617 Mail Service Center Raleigh, North Carolina 27699-1617 3. Flow Measurements Appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges. The devices shall be installed, calibrated and maintained to ensure that the accuracy of the measurements is consistent with the accepted capability of that type of device. Devices selected shall be capable of measuring flows with a maximum deviation of less than 10% from the true discharge rates throughout the range of expected discharge volumes. Flow measurement devices shall be accurately calibrated at a minimum of once per year and maintained to ensure that the accuracy of the measurements is consistent with the accepted capability of that type of device. The Director shall approve the flow measurement device and monitoring location prior to installation. Once -through condenser cooling water flow monitored by pump logs, or pump hour meters as specified in Part I of this permit and based on the manufacturer's pump curves shall not be subject to this requirement. 4. Test Procedures Laboratories used for sample analysis must be certified by the Division. Permittees should contact the Division's Laboratory Certification Section (919 733-3908 or http://portal.ncdenr.org/web/wq/lab/cert) for information regarding laboratory certifications. Facilities whose personnel are conducting testing of field -certified parameters only must hold the appropriate field parameter laboratory certifications. Test procedures for the analysis of pollutants shall conform to the EMC regulations (published pursuant to NCGS 143-215.63 et. seq.), the Water and Air Quality Reporting Acts, and to regulations published pursuant to Section 304(g), 33 USC 1314, of the CWA (as amended), and 40 CFR 136; or in the case of sludge use or disposal, approved under 40 CFR 136, unless otherwise specified in 40 CFR 503, unless other test procedures have been specified in this permit [40 CFR 122.41]. To meet the intent of the monitoring required by this permit, all test procedures must produce minimum detection and reporting levels that are below the pen -nit 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 Penmittee shall retain records of all monitoring information, including: ➢ all calibration and maintenance records ➢ all original strip chart recordings for continuous monitoring instrumentation ➢ copies of all reports required by this permit ➢ copies of all data used to complete the application for this permit These records or copies shall be maintained for a period of at least 3 years from the date of the sample, measurement, report or application. This period may be extended by request of the Director at any time [40 CFR 122.41]. Version 1110912011.1 NPDES Permit Standard Conditions Page 10 of 18 7. Recording Results For each measurement or sample taken pursuant to the requirements of this permit, the Permittee shall record the following information [40 CFR 122.41]: a. The date, exact place, and time of sampling or measurements; b. The individual(s) who performed the sampling or measurements; c. The date(s) analyses were performed; d. The individual(s) who performed the analyses; e. The analytical techniques or methods used; and f. The results of such analyses. 8. Inspection and Entry The Permittee shall allow the Director, or an authorized representative (including an authorized contractor acting as a representative of the Director), upon the presentation of credentials and other documents as may be required by law, to; a. Enter, at reasonable times, upon the Pennittee's premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of this permit; b. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this permit; c. Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this permit; and d. Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise authorized by the CWA, any substances or parameters at any location [40 CFR 122.41(i)]. Section E Reporting Requirements 1. Change in Discharge All discharges authorized herein shall be consistent with the terms and conditions of this permit. The discharge of any pollutant identified in this permit more frequently than or at a level in excess of that authorized shall constitute a violation of the permit. 2. Planned Changes The Permittee shall give notice to the Director as soon as possible of any planned physical alterations or additions to the permitted facility [40 CFR 122.41(1)]. Notice is required only when: a. The alteration or addition to a permitted facility may meet one of the criteria for new sources at 40 CFR 122.29(b); or b. The alteration or addition could significantly change the nature or increase the quantity of pollutants discharged. This notification applies to pollutants subject neither to effluent limitations in the permit, nor to notification requirements under 40 CFR 122.42(a)(1); or c. The alteration or addition results in a significant change in the Permittee's sludge use or disposal practices, and such alteration, addition or change may justify the application of permit conditions that are different from or absent in the existing permit, including notification of additional use or disposal sites not reported during the permit application process or not reported pursuant to an approved land application plan. 3. Anticipated Noncompliance The Penmittee shall give advance notice to the Director of any planned changes to the permitted facility or other activities that might result in noncompliance with the permit [40 CFR 122.41(1)(2)]. 4. Transfers This permit is not transferable to any person without prior written notice to and approval from the Director in accordance with 40 CFR 122.61. The Director may condition approval in accordance with NCGS 143-215.1, in particular NCGS 143-215. 1 (b)(4)b.2., and may require modification or revocation and reissuance of the permit, or a minor modification, to identify the new permittee and incorporate such other requirements as may be necessary under the CWA [40 CFR 122.41(1)(3), 122.61] or state statute. Version 1110912011.1 NPDES Permit Standard Conditions Page 11 of 18 5. Monitoring Reports Monitoring results shall be reported at the intervals specified elsewhere in this permit [40 CFR 122.41(1)(4)]. a. Monitoring results must be reported on a Discharge Monitoring Report (DMR) (See Part H.D.2) or forms provided by the Director for reporting results of monitoring of sludge use or disposal practices. b. If the Permittee monitors any pollutant more frequently than required by this permit using test procedures approved under 40 CFR Part 136 and at a sampling location specified in this permit or other appropriate instrument governing the discharge, the results of such monitoring shall be included in the calculation and reporting of the data submitted on the DMR. 6. Twenty-four Hour Reporting a. The Permittee shall report to the Director or the appropriate Regional Office any noncompliance that potentially threatens public health or the environment. Any information shall be provided orally within 24 hours from the time the Permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the Permittee becomes aware of the circumstances. The written submission shall contain a description of the noncompliance, and its cause; the period of noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance [40 CFR 122.41(1)(6)]. b. The Director may waive the written report on a case -by -case basis for reports under this section if the oral report has been received within 24 hours. c. Occurrences outside normal business hours may also be reported to the Division's Emergency Response personnel at (800) 662-7956, (800) 858-0368 or (919) 733-3300. 7. Other Noncompliance The Permittee shall report all instances of noncompliance not reported under Part Il.E.S 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 Pennittee shall report by telephone to either the central office or the appropriate regional office of the Division as soon as possible, but in no case more than 24 hours or on the next working day following the occurrence or first knowledge of the occurrence of any of the following: a. Any occurrence at the water pollution control facility which results in the discharge of significant amounts of wastes which are abnormal in quantity or characteristic, such as the dumping of the contents of a sludge digester; the known passage of a slug of hazardous substance through the facility; or any other unusual circumstances. b. Any process unit failure, due to known or unknown reasons, that render the facility incapable of adequate wastewater treatment such as mechanical or electrical failures of pumps, aerators, compressors, etc. c. Any failure of a pumping station, sewer line, or treatment facility resulting in a by-pass without treatment of all or any portion of the influent to such station or facility. Persons reporting such occurrences by telephone shall also file a written report within 5 days following first knowledge of the occurrence. Also see reporting requirements for municipalities in Part IV.C.2.c. of this permit. 10. Availability of Reports Except for data determined to be confidential under NCGS 143-215.3 (a)(2) or Section 308 of the Federal Act, 33 USC 1318, all reports prepared in accordance with the terms shall be available for public inspection at the offices of the Division. As required by the Act, effluent data shall not be considered confidential. Knowingly making any false statement on any such report may result in the imposition of criminal penalties as provided for in NCGS 143- 215.1(b)(2) or in Section 309 of the Federal Act. Version 1110912011.1 NPDES Permit Standard Conditions Page 12 of 18 11. Penalties for Falsification of Reports The CWA provides that any person who knowingly makes any false statement, representation, or certification in any record or other document submitted or required to be maintained under this permit, including monitoring reports or reports of compliance or noncompliance shall, upon conviction, be punished by a fine of not more than $25,000 per violation, or by imprisonment for not more than two years per violation, or by both [40 CFR 122.41]. 12. Annual Performance Reports Permittees who own or operate facilities that primarily collect or treat municipal or domestic wastewater and have an average annual flow greater than 200,000 gallons per day shall provide an annual report to the Permit Issuing Authority and to the users/customers served by the Permittee (NCGS 143-215.1C). The report shall summarize the performance of the collection or treatment system, as well as the extent to which the facility was compliant with applicable Federal or State laws, regulations and rules pertaining to water quality. The report shall be provided no later than sixty days after the end of the calendar or fiscal year, depending upon which annual period is used for evaluation. The report shall be sent to: NC DENR / Division of Water Resources / Water Quality Permitting Section ATTENTION: Central Files 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Version 1110912011.1 NPDES Permit Standard Conditions Page 13 of 18 PART III OTHER REQUIREMENTS Section A. Construction a. The Permittee shall not commence construction of wastewater treatment facilities, nor add to the plant's treatment capacity, nor change the treatment process(es) utilized at the treatment plant unless (1) the Division has issued an Authorization to Construct (AtC) permit or (2) the Permittee is exempted from such AtC permit requirements under Item b. of this Section. b. In accordance with NCGS 143-215.1(a5) [SL 2011-394], no permit shall be required to enter into a contract for the construction, installation, or alteration of any treatment work or disposal system or to construct, install, or alter any treatment works or disposal system within the State when the system's or work's principle function is to conduct, treat, equalize, neutralize, stabilize, recycle, or dispose of industrial waste or sewage from an industrial facility and the discharge of the industrial waste or sewage is authorized under a permit issued for the discharge of the industrial waste or sewage into the waters of the State. Notwithstanding the above, the permit issued for the discharge may be modified if required by f-,deral regulation. c. Issuance of an AtC will not occur until Final Plans and Specifications for the proposed construction have been submitted by the Permittee and approved by the Division. Section B. Groundwater Monitoring The Permittee shall, upon written notice from the Director, conduct groundwater monitoring as may be required to determine the compliance of this NPDES permitted facility with the current groundwater standards. Section C. Changes in Discharges of Toxic Substances The Permittee shall notify the Permit Issuing Authority as soon as it knows or has reason to believe (40 CFR 122.42): a. That any activity has occurred or will occur which would result in the discharge, on a routine or frequent basis, of any toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels"; (1) One hundred micrograms per liter (100 µg/L); (2) Two hundred micrograms per liter (200 µg/L) for acrolein and acrylonitrile; five hundred micrograms per liter (500 µg/L) for 2,4-dinitrophenol and for 2-methyl-4,6-dinitrophenol; and one milligram per liter (1 mg/L) for antimony; (3) Five times the maximum concentration value reported for that pollutant in the permit application. b. That any activity has occurred or will occur which would result in any discharge, on a non -routine or infrequent basis, of a toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels'; (1) Five hundred micrograms per liter (500 µg/L); (2) One milligram per liter (1 mg/L) for antimony; (3) Ten times the maximum concentration value reported for that pollutant in the permit application. Section D. Facility Closure Requirements The Permittee must notify the Division at least 90 days prior to the closure of any wastewater treatment system covered by this permit. The Division may require specific measures during deactivation of the system to prevent adverse impacts to waters of the State. This permit cannot be rescinded while any activities requiring this permit continue at the permitted facility. Version 1110912011.1 NPDES Permit Standard Conditions Page 14 of 18 PART IV SPECIAL CONDITIONS FOR MUNICIPAL FACILITIES Section A. Definitions In addition to the definitions in Part II of this permit, the following definitions apply to municipal facilities: Indirect Discharge or Industrial User Any non -domestic source that discharges wastewater containing pollutants into a POTW regulated under section 307(b), (c) or (d) of the CWA. [40 CFR 403.3 (i) and 0) and 15A NCAC 02H .0903(b)(11)] Interference Inhibition or disruption of the POTW treatment processes; operations; or its sludge process, use, or disposal which causes or contributes to a violation of any requirement of the Permittee's (or any satellite POTW's if different from the Permittee) NPDES, collection system, or non -discharge permit or prevents sewage sludge use or disposal in compliance with specified applicable State and Federal statutes, regulations, or permits. [15A NCAC 02H .0903(b)(14)] Pass Through A discharge which exits the POTW into waters of the State in quantities or concentrations which, alone or with discharges from other sources, causes a violation, including an increase in the magnitude or duration of a violation, of the Permittee's (or any satellite POTW's, if different from the Permittee) NPDES, collection system, or non -discharge permit. [15A NCAC 02H .0903(b)(23)] Publicly Owned Treatment Works (POTW) A treatment works as defined by Section 212 of the CWA, which is owned by a State or local government organization. This definition includes any devices and systems used in the storage, treatment, recycling and reclamation of municipal sewage or industrial wastes of a liquid nature. It also includes the collection system, as defined in 15A NCAC 2T .0402, only if it conveys wastewater to a POTW treatment plant. The term also means the local government organization, or municipality, as defined in section 502(4) of the CWA, which has jurisdiction over indirect discharges to and the discharges from such a treatment works. In this context, the organization may be the owner of the POTW treatment plant or the owner of the collection system into which an indirect discharger discharges. This second type of POTW may be referred to as a "satellite POTW organization." [15A NCAC 02H .0903(b)(26)] "Significant Industrial User" or "SIU" An Industrial User that discharges wastewater into a publicly owned treatment works and that [I5A 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 snakes up five percent or more of the NPDES or non -discharge permitted flow limit or organic capacity of the POTW treatment plant. In this context, organic capacity refers to BOD, TSS and ammonia; or 3. Is subject to categorical standards under 40 CFR Part 403.6 and 40 CFR Parts 405-471; or 4. Is designated as such by the Permittee on the basis that the Industrial User has a reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement, or the POTW's effluent limitations and conditions in its NPDES or non -discharge permit, or to limit the POTW's sludge disposal options; 5. Subject to approval under 15A NCAC 02H .0907(b), the Permittee may determine that an Industrial User meeting the criteria in paragraphs 1 or 2 of this definition above has no reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement, the POTW's effluent limitations and conditions in its NPDES or non -discharge permit, or to limit the POTW's sludge disposal options, and thus is not a Significant Industrial User (SIU); or 6. Subject to approval under 15A NCAC 02H .0907(b), the Permittee may determine that an Industrial User meeting the criteria in paragraph 3 of this definition above meets the requirements of 40 CFR Part 403.3(v)(2) and thus is a non -significant categorical Industrial User. Section B. Publicly Owned Treatment Works (POTWs) Version 1110912011.1 NPDES Permit Standard Conditions Page 15 of 18 All POTWs must provide adequate notice to the Director of the following [40 CFR 122.42(b)]: 1. Any new introduction of pollutants into the POTW from an indirect discharger, regardless of the means of transport, which would be subject to section 301 or 306 of CWA if it were directly discharging those pollutants; and 2. Any substantial change in the volume or character of pollutants being introduced by an indirect discharger as influent to that POTW at the time of issuance of the permit. 3. For purposes of this paragraph, adequate notice shall include information on (1) the quality and quantity of effluent introduced into the POTW, and (2) any anticipated impact that may result from the change of the quantity or quality of effluent to be discharged from the POTW. Section C. Municipal Control of Pollutants from Industrial Users. Effluent limitations are listed in Part I of this permit. Other pollutants attributable to inputs from Industrial Users discharging to the POTW may be present in the Permittee's discharge. At such time as sufficient information becomes available to establish limitations for such pollutants, this permit may be revised to specify effluent limitations for any or all of such other pollutants in accordance with best practicable technology or water quality standards. Prohibited Discharges a. The Permittee shall develop and enforce their Pretreatment Program to implement the prohibition against the introduction of pollutants or discharges into the waste treatment system or waste collection system which cause or contribute to Pass Through or Interference as defined in 15A NCAC 02H .0900 and 40 CFR 403. [40 CFR 403.5(a)(1)] b. The Permittee shall develop and enforce their Pretreatment Program to implement the prohibitions against the introduction of the following wastes in the waste treatment or waste collection system [40 CFR 403.5(b)]: (1) Pollutants which create a fire or explosion hazard in the POTW, including, but not limited to, wastestreams with a closed cup flashpoint of less than 140 degrees Fahrenheit or 60 degrees Centigrade using the test methods specified in 40 CFR 261.21; (2) Pollutants which cause corrosive structural damage to the POTW, but in no case discharges with pH lower than 5.0, unless the works is specifically designed to accommodate such discharges; (3) Solid or viscous pollutants in amounts which cause obstruction to the flow in the POTW resulting in Interference; (4) Any pollutant, including oxygen demanding pollutants (BOD, etc.) released in a Discharge at a flow rate and/or pollutant concentration which will cause Interference with the POTW; (5) Heat in amounts which will inhibit biological activity in the POTW resulting in Interference, but in no case heat in such quantities that the temperature at the POTW Treatment Plant exceeds 40°C (104°F) unless the Division, upon request of the POTW, approves alternate temperature limits; (6) Petroleum oil, non -biodegradable cutting oil, or products of mineral oil origin in amounts that will cause Interference or Pass Through; (7) Pollutants which result in the presence of toxic gases, vapors, or fumes within the POTW in a quantity that may cause acute worker health and safety problems; or (8) Any trucked or hauled pollutants, except at discharge points designated by the POTW. c. The Permittee shall investigate the source of all discharges into the POTW, including slug loads and other unusual discharges, which have the potential to adversely impact the Permittee's Pretreatment Program and/or the operation of the POTW. The Permittee shall report such discharges into the POTW to the Director or the appropriate Regional Office. Any information shall be provided orally within 24 hours from the time the Permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the Permittee becomes aware of the circumstances. The written submission shall contain a description of the discharge; the investigation into possible sources; the period of the discharge,, including exact dates and times; if the discharge has not ceased, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance, Version 1110912011.1 NPDES Permit Standard Conditions Page 16 of 18 3. With regard to the effluent requirements listed in Part 1 of this permit, it may be necessary for the Permittee to supplement the requirements of the Federal Pretreatment Standards (40 CFR, Part 403) to ensure compliance by the Permittee with all applicable effluent limitations. Such actions by the Permittee may be necessary regarding some or all of the industries discharging to the municipal system. 4. The Permittee shall require any Industrial User (IU) discharging to the POTW to meet Federal Pretreatment Standards developed under Section 307(b) of the Act as amended (which includes categorical standards and specific local limits, best management practices and narrative requirements). Prior to accepting wastewater from any Significant Industrial User (SIU), the Permittee shall either develop and submit to the Division a new Pretreatment Program or, as necessary, a modification of an existing Pretreatment Program, for approval as required under section D below as well as 15A NCAC 02H .0907(a) and (b). [40 CFR 122.440)(2)] 5. This permit shall be modified, or alternatively, revoked and reissued, to incorporate or modify an approved POTW Pretreatment Program or to include a compliance schedule for the development of a POTW Pretreatment Program as required under Section 402 (b)(8) of the CWA and implementing regulations or by the requirements of the approved State pretreatment program, as appropriate. Section D. Pretreatment Programs Under authority of sections 307 (b) and (c) and 402(b)(8) of the CWA and implementing regulations 40 CFR 403, North Carolina General Statute 143-215.3(14) and implementing regulations 15A NCAC 02H .0900, and in accordance with the approved pretreatment program, all provisions and regulations contained and referenced in the pretreatment program submittal are an enforceable part of this permit. [40 CFR 122.440)(2)] The Permittee shall operate its approved pretreatment program in accordance with Section 402(b)(8) of the CWA, 40 CFR 403, 15A NCAC 02H .0900, and the legal authorities, policies, procedures, and financial provisions contained in its pretreatment program submission and Division approved modifications thereof. Such operation shall include but is not limited to the implementation of the following conditions and requirements. Terns not defined in Part II or Part IV of this permit are as defined in 15A NCAC 02H .0903 and 40 CFR 403.3. 1. Sewer Use Ordinance (SUO) The Permittee shall maintain adequate legal authority to implement its approved pretreatment program. [15A NCAC 02H .0903(b)(32), .0905 and .0906(b)(1); 40 CFR 403.8(f)(1) and 403.9(b)(1) and (2)] 2. Industrial Waste Survey OWS) The Permittee shall implement an IWS consisting of the survey of users of the POTW collection system or treatment plant, as required by 40 CFR 403.8(f)(2)(i-iii) and 15A NCAC 02H .0905 [also 40 CFR 122.440)(1)], including identification of all Industrial Users that may have an impact on the POTW and the character and amount of pollutants contributed to the POTW by these Industrial Users and identification of those Industrial Users meeting the definition of SIU. Where the Permittee accepts wastewater from one or more satellite POTWs, the IWS for the Permittee shall address all satellite POTW services areas, unless the pretreatment program in those satellite service areas is administered by a separate Permittee with an approved Pretreatment Program. The Permittee shall submit a summary of its IWS activities to the Division at least once every five years, and as required by the Division. The IWS submission shall include a summary of any investigations conducted under paragraph C.2.c. of this Part. [15A NCAC 02H .0903(b)(13), .0905 and .0906(b)(2); 40 CFR 403.8(f)(2) and 403.9] 3. Monitoring Plan The Permittee shall implement a Division -approved Monitoring Plan for the collection of facility specific data to be used in a wastewater treatment plant Headworks Analysis (HWA) for the development of specific pretreatment local limits. Effluent data from the Plan shall be reported on the DMRs (as required by Parts II.D and II.E.5.). [15A NCAC 02H .0903(b)(16), .0906(b)(3) and .0905] Headworks Analysis (HWA) and Local Limits The Permittee shall obtain Division approval of a HWA at least once every five years, and as required by the Division. Within 180 days of the effective date of this permit (or any subsequent permit modification) the Permittee shall submit to the Division a written technical evaluation of the need to revise local limits (i.e., an updated HWA or documentation of why one is not needed) [40 CFR 122.441. The Permittee shall develop, in accordance with 40 CFR 403.5(c) and 15A NCAC 02H .0909, specific Local Limits to implement the prohibitions listed in 40 CFR 403.5(a) and (b) and 15A NCAC 02H .0909. Pursuant to 40 CFR 403.5, local limits are Version 1110912011.1 NPDES Permit. Standard Conditions Page 17 of 18 enforceable Pretreatment Standards as defined by 40 CFR 403..3(1). [15A NCAC 02H .0903(b)(10), .0905, and .0906(b)(4)] 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 IUPs. Permitted IUP loadings for each parameter cannot exceed the treatment capacity of the POTW as determined by the HWA. [ 15A NCAC 02H .0906(b)(6), .0909, .0916, and .0917; 40 CFR 403.5, 403.8(f)(1)(iii); NCGS 143-215.67(a)] 6. Authorization to Construct (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(a)(8)] 7. POTW Inspection & Monitoring of their IUs The Permittee shall conduct inspection, surveillance, and monitoring activities as described in its Division approved pretreatment program in order to determine, independent of information supplied'.' by Industrial Users, compliance with applicable pretreatment standards. [15A NCAC 02H ,.0908(e); 40 CFR 403.8(f)(2)(v)] The Permittee must: a. Inspect all Significant. Industrial Users (SIGs) at least once per calendar year.- b. Sample all Significant Industrial Users (SIUs) at least once per calendar year for all SIU permit -limited parameters, including flow except as allowed under 15A NCAC .0908(e); and c. At least once per year; document an evaluation of any non -significant categorical Industrial User for compliance: with the requirements in 40 CFR 403.3(v)(2),, and either continue or revoke the designation as non- significant. 8. IU Self Monitoringand Reporting The Pennittee 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 0211.0908. [15A NCAC 02H .0906(b)(5) and .0905; 40 CFR 403.8(f)(1)(v) and (2)(iii); 40 CFR 122.440)(2) and 40 CFR 403.12] 9. Enforcement Response Plan (ERP) The Permittee shall enforce and obtainappropriate remedies .for violations of all pretreatment standards promulgated pursuant to section 307(b) :and (c) of the CWA (40 CFR 405 et. seq.), prohibitive discharge standards as set forth in 40 CFR 403.5 and 15A NCAC' 02H .0909, specific local limitations, and other pretreatment requirements. All remedies, enforcement, actions and other, shall be consistent with the Enforcement Response Plan (E'RP) approved by the Division. [ 15A NCAC 02H .0903(b)(7), .0906(b)(8) and .0905 40 CFR 4018(f)(5)] 10. Pretreatment Annual Reports (PAR) The: Permittee shall report to the Division in accordance with 15A NCAC0211.0908. 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 NPDFS :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 l 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 (I Js) 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 fUs 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 Perm ttee shall publish annually a list of Industrial Users (IUs) that were in significant noncompliance (SNC) as defined in the Permittee's Division -approved Sewer Use Ordinance with applicable pretreatment requirements and standards during the previous twelve month period. This list shall be published within four months of the applicable twelve-month ,period. [15A NCAC 02H .0903(b)(34), .0908(b)(5) and .0905 and 40 CFR 403.8(f)(2)(viii)] 12. Record Keeping The Permittee shall retain for a minimum of three years records of monitoring activities and results, along with support information including general records, water quality records, and records of industrial impact on the. POTW and shall retain all other Pretreatment Program records as required by 15A NCAC 02H .0908(f). [15A NCAC 02H .0908(f); 40 CFR 403.12(p)] 13. Pretreatment Program Resources The Permittee shall maintain adequate funding and qualified personnel to accomplish the objectives of its approved pretreatment program. and retain a written description of those current levels of inspection. [15A NCAC 02H .0906(b)(9) and (10) and 0905; 40 CFR 403.8(f)(3), 403.9(b)(3)] 14. Modification to Pretreatment Programs Modifications to the approved pretreatment program including but not limited to local limits modifications, POTW monitoring of their Significant Industrial Users (SIUs), and Monitoring Plan modifications, shall be considered a permit modification and shall be governed by 40 CFR 403.18, 15 NCAC 02H .0114 and 15A NCAC 02H .0907. Version 1110912011.1 7A4L NCDENR. North Carolina Department of Environment and Natural Resources, Pat McCrory Governor Walter T. McGee, Owner Biltmore Investments, LTD. Bear Wallow Valley Mobile Home Park PO Box 745 Hendersonville, NC 28739 Dear Permittee: Donald R. van der Vaart Secretary May 12, 2015 Subject: Acknowledgement of Permit Renewal Permit NCO076082 Henderson County The NPDES Unit received your permit renewal application on May 08, 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 Maureen Kinney (919) 807-6388. Sincerely, W►reA, Tl z&fo-sro� Wren Thedford Wastewater Branch cc: Central Files ��s1lev�i�1' e�Reiarial � NPDES Unit 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 Phone: 919-807-63001 Fax: 919-807-64921Customer Service: 1-877-623-6748 Internet:: www.ncwater.oro RECENED Division of Water Resources MAY 1 4 2015 Water nuaNty Regional Operations Ashev@le Fle Tonal Office An Equal Opportunity\Affirmative Action Employer RECEIVEDA)ENRDWR MAY 8 2015 Water CW8�� pelf ting 417 C.C. Lovelace Rd. Rutherfordton, N.C. 28139-8345 • 828-289-2165 • kwhitewater@bellsouth.net NCDENR/DWR/NPDES UNIT 1617 Mail Service Center Raleigh NC 27699-1617 NPDES Unit: Please find the attached NPDES permit renewal form for Bear Wallow MHP #NC0076082. There have been no changes to this facility since the permit renewal for 2010 was approved. I am requesting that this new permit application be reviewed and considered for renewal. The current renewal date is for November 30, 2015. Please contact me with any questions regarding this renewal form at the address or email listed below. Sincerely, 4 �-14�� Kevin C. White, ORC 417 C.C. Lovelace Rd. Rutherfordton, N.C. 28139-8345 kwhitewater&bellsouth.net 828.289-2165 RECEIVED Division of Water Resources MAY 1 4 2015 Water Quality Regional Operations Asheville Regional Office TO: Whitewater Environmental 417 C.C. Lovelace Rd. Rutherfordton,_ N.C. 28139-8345 828-289-2165 . kwhitewater@bellsouth.net RECEIVED/DENR/DWR MAY 8 2015 Water QqaUty PermittingBecuon Kevin C. White of Whitewater Environmental, LLC, has my permission to sign, on my behalf, the monthly Discharge Monitoring Reports. !! /t / Permit Owner / Office Name: �(te Mee-G �ArV --57' e,,jA L7-Z3 racility Name: Bear Wallow Valley MHP Permit dumber: NCO076082 Mailing Address: —To `•�n City: l�"1 �� �C'V Sow \J(IL State: NC_ Zip: Telephone Number: ( dL�) P-75 f 77oo Permit Owner / Office Signature: `" r " Date: I 'x-� lop !S IJ eL 4 t d 7- NPDES "PLICATION - FORM D For privately -owned treatment systems treating 100% domestic wastewaters <1.0 MGD Mail the complete application to: N. C. DENR / Division of Water Quality / NPDES Unit 1617 Masi Service Center, Raleigh, NC 27699-1617 NPDES Permit CO076082 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 Biltmore Investments, LTD. Facility Name Bear Wallow Valley Mobile Home Park Mailing Address P.O. Box 745 RE_GE1119r1t0ENR@ R City Hendersonville State / Zip Code N.C. 28739 MAY 8 2015 Telephone Number (828)273-4700 Water Qualm Fax Number (828)693-0911 MIMILEINSOCUM e-mail Address biltmore@morissbb.net 2. Location of facility producing discharge: Check here if same address as above ❑ Street Address or State Road 1975 Bear Wallow Rd. City State / Zip Code County Hendersonville N.C.28792 Henderson 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 Whitewater Environmental, LLC Mailing Address 417 C.C. Lovelace Rd. City Rutherfordton State / Zip Code N.C. 28139-8345 Telephone Number (828)289-2165 Fax Number (N/A) e-mail Address kwhitewater@bellsouth.net 1 of 3 Form-D 11/12 111fPDES APPLICATION - FORM D For privately -owned treatment systems treating 100% domestic wastewaters <1.0 MGD 4. Description of wastewater. - Facility Generating Wastewater(check all that apply): Industrial ❑ Number of Employees Commercial ❑ Number of Employees Residential X Number of Homes 49 School ❑ Number of Students/Staff Other ❑ Explain: Describe the source(s) of wastewater (example: subdivision, mobile home park, shopping centers, restaurants, etc.): Mobile Home Park Number of persons served: 124 S. Type of collection system X Separate (sanitary sewer only) ❑ Combined (storm sewer and sanitary sewer) 6. Outfall Information: Number of separate discharge points: 1 Outfall Identification number(s): 001 Is the outfali equipped with a diffuser? ❑ Yes X No 7. Name of receiving stream(s): (1V W applicants: Provide a map showing the exact location of each outfall): Unnamed tributary to Clear Creek. 8. Frequency of Discharge: X Continuous ❑ Intermittent If intermittent: Days per week discharge occurs: Duration: 9. Describe the treatment system List all installed components, including capacities, provide design removal for BOD, TSS, nitrogen and phosphorus. If the space provided is not sufficient, attach the description of the treatment system in a separate sheet of paper. Facility is an extended aeration treatment process and consists of- 1 Influent Lift Station (550 gals.), 1 Flow Equalization Basin (4,100 gals.), 1 Splitter Box (2'W x 2'L x VD), Dual Aeration Basins (5,000 gals. Each), Dual Clarifiers (5,200 gals. Each), 1 Chlorine Contact Chamber (1,031 gals.), 1 DeChlorination Box, 1Sludge Holding Aerobic Digester (2,062 gals.). Chlorine and DeChlorination units are tablet fed. Facility is designed for 85% removal. The Equalization basin was added in 2007 through an approved Authorization to Construct. 2 of 3 Form-D 11/12 1NPDES "PLICATION - FORM D For privately -owned treatment systems treating 100% domestic wastewaters <1.0 MGD 10. Flow Information: Treatment Plant Design flow: 0.010 MGD Annual Average daily flow: 0.0053 UGD (for the previous 3 years) Maximum daily flow .008 MGD (for the previous 3 years) 11. Is this facility located on Indian country? ❑ Yes X No 12. Effluent Data AWW APPLICANTS: Provide data for the parameters listed. Fecal Coliform, Temperature and pH shall be grab samples, for all other parameters 24-hour composite sampling shall be used. If more than one analysis is reported, report daily maximum and monthly average. If only one analysis is reported, report as daily maximum. REA►EWAL APPLICANTS: Provide the highest single reading (Daily Maximum) and Monthly Average over the past 36 months forparameters curre tly in your permit. Mark other parameters "N/A". Parameter Daily Maxi Monthly Average Unfits of Measurement Biochemical Oxygen Demand (BODs) 17.0 2.4 mg/L Fecal Coliform 3 1 Col/ 100ml Total Suspended Solids 39.0 5.4 mg/L Temperature (Summer) 24 19 Degrees Celsius Temperature (Winter) 14 10 Degrees.Celsius pH 7.2 N/A S.U. 13. List all permits, construction approvals and/or applications: Type Permit Number Type Hazardous Waste (RCRA) NESHAPS (CAA) UIC (SDWA) Ocean Dumping (MPRSA) NPDES NCO076082 Dredge or fill (Section 404 or CWA) Permit Number PSD (CAA) Other Non -attainment program (CAA) 14. APPLICANT CERTIFICATION I certify that I am familiar with the information contained in the application and that to the best of my knowledge and belief such information is true, complete, and accurate. Kevin C. White ORC Printed name of Person Signing Title of Applicant Date North Carolina General Statute 143-215.6 (b)(2) states: Any person who knowingly makes any false statement representation, or certification in any application, record, report, plan, or other document files or required to be maintained under Article 21 or regulations of the Environmental Management Commission implementing that Article, or who falsifies, tampers with, or knowingly renders inaccurate any recording or monitoring device or method required to be operated or maintained under Article 21 or regulations of the Environmental Management Commission implementing that Article, shall be guilty of a misdemeanor punishable by a fine not to exceed $25,000, or by imprisonment not to exceed six months, or by both. (18 U.S.C. Section 1001 provides a punishment by a fine of not more than $25,000 or imprisonment not more than 5 years, or both, for a similar offense.) 3 of 3 Form-D 11/12 SOLIDS HANDLING AND DISPOSAL FOR BEAR WALLOW VALLEY MHP ALL SOLIDS THAT ARE GENERATED AT THE BEAR WALLOW VALLEY MHP WASTEWATER TREATMENT FACILITY ARE WASTED AND STORED IN THE AEROBIC DIGESTER (2,062 GALLON CAPACITY). SUPERNATE IS THEN PUMPED TO THE EQ BASIN AND THE PROCESS IS REPEATED UNTIL THE DIGESTER IS FULL. THE WASTED SOLIDS ARE THEN PUMPED BY A CONTRACTED SLUDGE HAULING TRUCK (MIKE' S SEPTIC) AND THEN DISPOSED OF AT AN APPROVED DUMP SITE. DECEIVED/DENR/DWR MAY 8 2015 Water Qua"' Permitting Section 417 C.C. Lovelace Rd. Rutherfordton, N.C. 28139-8345 - 828-289-2165 - kwhitewater@bellsouth.net NCDENR/DWR/NPDES UNIT 1617 Mail Service Center Raleigh NC 27699-1617 NPDES Unit: Please find the attached NPDES permit renewal form for Bear Wallow MHP #NC0076082. There have been no changes to this facility since the permit renewal for 2010 was approved. I am requesting that this new permit application be reviewed and considered for renewal. The current renewal date is for November 30, 2015. Please contact me with any questions regarding this renewal form at the address or email listed below. Sincerely, % � L Kevin C. White, ORC 417 C.C. Lovelace Rd. Rutherfordton, N.C. 28139-8345 kwhitewater(a,,bellsouth.net 828.289-2165 RECEIVED Division of Water Resources MAY 14 2015 Water Quality Regional Operations Asheville Re ional Office ppr TO: Whitewater Environmental 417 C.C. Lovelace Rd. Rutherfordton,_ N.C. 2813.9-8345 828-289-2165 • kwhitewater@bellsouth.net Kevin C. White of Whitewater Environmental, LLC, has my permission to sign, on my behalf, the monthly Discharge Monitoring Reports. / /� Permit Owner / Office Name: �e j# Ito t� eMyc5�w� I� C7�L� Facility Name: Bear Wallow Valley MHP Permit Number. NCO076082 Mailing Address: To City: t-1 �ec� e�5 V l �� State: �J e Zip: _ Telephone Number: ( � ) a-93 r -i 7Do Permit Owner / Office Signature: '" - Date: 1/Ze lS Ujo_ (� r j' -%- - M V NPDES APPLICATION - FORM D FprFor privately -owned treatment systems treating 100% domestic wastewaters <1.0 MGD Mail the complete application to: N. C. DENR / Division of Water Quality / NPDES Unit 1617 Mail Service Center, Raleigh, NC 27699-1617 NPDES Permit #CO076082 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 Siltmore Investments, LTD. Facility Name Bear Wallow Valley Mobile Home Park Mailing Address P.O. Box 745 �NR/DWR City Hendersonville MAY 8 2111,; State / Zip Code N.C. 28739 Water01 in Telephone Number (828)273-4700 Permifting SeCtio _ Fax Number (828)693-0911 e-mail Address biltmore@morissbb.net 2. Location of facility producing discharge: Check here if same address as above ❑ Street Address or State Road 1975 Bear Wallow Rd. City Hendersonville State / Zip Code N.C. 28792 County Henderson 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 Whitewater Environmental, LLC Mailing Address 417 C.C. Lovelace Rd. City State / Zip Code Telephone Number Fax Number e-mail Address Rutherfordton N.C. 28139-8345 (828)289-2165 (N/A) kwhitewater@bellsouth.net 1 of 3 Form-D 11 /12 NPDES APPLICATION - FORM D For privately -owned treatment systems treating 100% domestic wastewaters <1.0 MGD 4. Description of wastewater: Facility Generating Wastewater(check all that applyr Industrial ❑ Number of Employees Commercial ❑ Number of Employees Residential X Number of Homes 49 School ❑ Number of Students/ Staff Other ❑ Explain: Describe the source(s) of wastewater (example: subdivision, mobile home park, shopping centers, restaurants, etc.): Mobile Home Park Number of persons served: 124 5. Type of collection system X Separate (sanitary sewer only) ❑ Combined (storm sewer and sanitary sewer) 6. Outfall Information: Number of separate discharge points: 1 Outfall Identification number(s): 001 Is the outfaU equipped with a diffuser? ❑ Yes X No 7. Name of receiving stream(s): (NEW applicants. Provide a map shouring the exact location of each outfallp. Unnamed tributary to Clear Creek. 8. Frequency of Discharge: X Continuous ❑ Intermittent If intermittent: Days per week discharge occurs: Duration: _ 9. Describe the treatment system List all installed components, including capacities, provide design removal for BOD, TSS, nitrogen and phosphorus. If the space provided is not sufficient, attach the description of the treatment system in a separate sheet of paper. Facility is an extended aeration treatment process and consists of: 1 Influent Lift Station (550 gals.), 1 Flow Equalization Basin (4,100 gals.), 1 Splitter Box (21W x 2% x VD), Dual Aeration Basins (5,000 gals. Each), Dual Clarifiers (5,200 gals. Each), 1 Chlorine Contact Chamber 11,031 gals.), 1 DeChlorination Box, Mudge Holding Aerobic Digester (2,062 gals.). Chlorine and DeChiorination units are tablet fed. Facility is designed for 85% removal. The Equalization basin was added in 2007 through an approved Authorization to Construct. 2 of 3 Form-D 11/12 NPDES APPLICATION - FORM D For privately -owned treatment systems treating 100% domestic wastewaters <1.0 MGD 10. Flow Information: Treatment Plant Design flow: 0.010 MGD Annual Average daily flow: 0.0053 MGD (for the previous 3 years) Maximum daily flow .008 MGD (for the previous 3 years) 11. Is this facility located on Indian country? ❑ Yes X No 12. Effluent Data MEW APPLICANTS: Provide data for the parameters listed. Fecal Coliform, Temperature and pH shall be grab samples, for all other parameters 24-hour composite sampling shall be used. If more than one analysis is reported, report daily maximum and monthly average. If only one analysis is reported, report as daily maximum. RENEWAL APPLICANTS: Provide the highest single reading (Daily Maximum) and Monthly Average over the past 36 months for parameters currently in your permit. Mark other parameters "N/A". Parameter Daily Maximum Monthly Average Units of Measurement Biochemical Oxygen Demand (BOD5) 17.0 2.4 mg/ L Fecal Coliform 3 1 Col/ 100m1 Total Suspended Solids 39.0 5.4 mg/ L Temperature (Summer) 24 19 Degrees Celsius Temperature (Winter) 14 10 Degrees Celsius pH 7.2 N/A S.U. 13. List all permits, construction approvals and/or applications: Type Permit Number Type Permit Number Hazardous Waste (RCRA) NESHAPS (CAA) UIC (SDWA) Ocean Dumping (MPRSA) NPDES NCO076082 Dredge or fill (Section 404 or CWA) PSD (CAA) Other Non -attainment program (CAA) 14. APPLICANT CERTIFICATION I certify that I am familiar with the information contained in the application and that to the best of my knowledge and belief such information is true, complete, and accurate. Kevin C. White ORC Printed name of Person Signing Title of Annlicant Date North Carolina General Statute 143-215.6 (b)(2) states: Any person who knowingly makes any false statement representation, or certification in any application, record, report, plan, or other document files or required to be maintained under Article 21 or regulations of the Environmental Management Commission implementing that Article, or who falsifies, tampers with, or knowingly renders inaccurate any recording or monitoring device or method required to be operated or maintained under Article 21 or regulations of the Environmental Management Commission implementing that Article, shall be guilty of a misdemeanor punishable by a fine not to exceed $25,000, or by imprisonment not to exceed six months, or by both. (18 U.S.C. Section 1001 provides a punishment by a fine of not more than $25,000 or imprisonment not more than 5 years, or both, for a similar offense.) 3 of 3 Form-D 11112 SOLIDS HANDLING AND DISPOSAL FOR BEAR WALLOW VALLEY MHP ALL SOLIDS THAT ARE GENERATED AT THE BEAR WALLOW VALLEY MHP WASTEWATER TREATMENT FACILITY ARE WASTED AND STORED IN THE AEROBIC DIGESTER (2,062 GALLON CAPACITY). SUPERNATE IS THEN PUMPED TO THE EQ BASIN AND THE PROCESS IS REPEATED UNTIL THE DIGESTER IS FULL. THE WASTED SOLIDS ARE THEN PUMPED BY A CONTRACTED SLUDGE HAULING TRUCK (MIKE' S SEPTIC) AND THEN DISPOSED OF AT AN APPROVED DUMP SITE. NCDENR North Carolina Department of Environment and Natural Resources Division of -Water Quality Beverly Eaves Perdue Coleen H. Sullins , Dee Freeman Governor Director Secretary January 4, 2011 Mr. Walter T. McGee, President Biltmore Investments, LTD PO Box 745 Subject: Issuance of NPDES Permit No. NCO076082 Bear Wallow Valley MHP WWTP Henderson County Dear Mr. McGee: Division personnel have reviewed and approved your application for renewal of the subject permit. Accordingly, we are forwarding the attached NPDES discharge permit. This permit is issued pursuant to the requirements of North Carolina,. General Statute 143-215.1 and the Memorandum, of Agreement between North Carolina and the U.S. Environmental Protection Agency dated October 15, 2007 (or as subsequently amended). The following modifications in the October 27, 2010 draft'permit remain in the final permit: • Footnote #2 has been added: "The facility shall report all effluent TRC values reported by A NC certified laboratory including field certified. However, effluent values below 50 ug/L will be treated as zero for compliance purposes." • The Pre -chlorination sampling event has been deleted, per your written request and a data review of sampling events (TRC and Fecal Coliform) for the past five years. 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. A �La!• t JAN 1 8 -2011 • � ' I��-� l 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 t, 3 Location: 512 N. Salisbu , North Carolina 27604 ry St. Raleigh, g QI_lO,•,1— — --- Phone: 919-807-63871 FAX: 919.807-64951 Customer Service:1-877-623-6748 WAT Internet,http:llportal.ncdenrorglweblvuglhome AS -WEEVIL -- An Equal Opportunity l Affirmative Action Employer '• „ ..: � y .i Please note that this permit is not transferable except after notice to the Division. The Division may require modification or revocation and reissuance of the permit. This permit does not affect the legal requirements to obtain other permits which may be required by the Division of Water Quality or permits required by the Division of Land Resources, the Coastal Area Management Act or any other Federal..or Local governmental permit that may be required. If you have any:questions concerning this permit, please contact Bob Guerraat telephone number (919) 807-6387 or email at (bob.guerraC@ncdenr.gov). Sincerely; Coleen .H. Sullins Enclosure: NPDES Permit NCO076082 cc: Kevin C. White, ORC Whitewater Environmental, LLC 417 CC Lovelace Road Rutherfordton, NC 28139-8345 (AsWIWMional;;W e./ SurfaE Water_ P_rotecfion NPDES Unit Central files 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 One Phone: 91M07-6387 \ FAX: 919.807-6495 \ Customer Service:1-877-623-6748 NorthCarohna Internet: http:10ortal.ncdenr.orglweblwglhome _ -Jr, ����N� // An Equal Opportunity 1 Affirmative Action Employer A i/ L "Y Permit NCO076082 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, Biltmore Investments, LTD is hereby authorized to discharge wastewater from a facility located at the Bear Wallow Valley Mobile Home Park WWTP 1975 Bear Wallow Road Hendersonville Henderson County to receiving waters designated as an Unnamed Tributary to Clear Creek in the French Broad River Basin in accordance with effluent limitations, monitoring requirements, and other conditions set forth in Parts I, Il, III and IV hereof. This permit shall become effective February 01, 2011. This permit and authorization to discharge shall expire at midnight on November 30, 2015. Signed this day January 4, 2011. Coleen H. Sullins, Director Division of Water Quality By Authority of the Environmental Management Commission All previous NPDES Permits issued to this facility, whether for operation or discharge, are hereby superseded and, as of this issuance, any previously issued permit describing this treatment facility or 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 described herein. Biltmore Investments, LTD -is hereby authorized to: 1. Continue to operate an existing 0.010 MGD extended aeration wastewater treatment plant consisting of the following treatment components: ♦ Influent lift station ♦, Two (2- 21 GPM) submersible air pumps ♦ Flow splitter box ♦ Flow equalization basin(4,100 gallon) ♦ Dual aeration basins (5,000 gallons each) ♦ Air diffuser piping ♦ Dual clarifiers (5,200 gallons each) ♦ Tablet. Chlorination ♦ Chlorine contact chamber (1,031 gallons) ♦ Tablet Dechlorination ♦ Aerobic digester (2,062 gallons) ♦ Sludge holding tank ♦ Effluent weir ♦ Standby power generator 2. This facility is located at the Bear Wallow Valley Mobile Home Park at 1975 Bear . Wallow Road in Henderson County. 3.. Discharge from said treatment works at the location specified on the attached map into an Unnamed tributary to Clear Creek, classified B-Trout waters in the French Broad River Basin. o rty I 0 - y oa � ~po M100 • � o � B rill e Gtee� 0 Outfall 001Q,_u�� 7.SCh V QO •A.i •° e °°` c oe° c •• w c _ O FPpp LR 627 o .0 O 4 o °°. �R 26 � a� A �� � s• e 9 9 /// • �o dneY • le J • / 00 � . O - ✓ O el ' N p , P 1111e \ o \ e E ne lle M LHT 1B50 7 \ �. \a v, W n,1 a ' \ \ rrro / `• �� ••48 � u� u p0 V • O S 1 ♦f= \ � �.. � 22f� B T'1851 ~ aa21 ♦+ h j L E o- �R,IDGE0. � 1 >Q ,�� 8 37 • � � ,1 JI� : r 1.e_� _ _ 4• q Biltmore Investments, LTD Facility Bear Wallow Valley MHP WWTP Location ide- 35° 24' 50" N State Grid: Bat Cave not to scale ME 82° 21' 35 W Permitted Flow: 0.010 MGD vine Stream: UT to Clear Creek Stream Class: B - Trout } ]],,.� NPDES Permit No. NCO076082 aBeBasin, , French Broad River Basin Sub -Basin: 04-03-02 06010105 North Henderson County A. (1.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS During the period beginning on the effective date of this permit and lasting until expiration, the Permittee is authorized to discharge from outfall 001. Such discharges shall be limited and monitored by the Permittee as specified below: MONITORING REQUIREMENTS EFFLUENT CHARACTERISTICS A h. M®nthly Daily Measurement Sample Type Sample Location; Average 'Maximum Frequency << 50050 - Flow 0.010 MGD Weekly Instantaneous Influent or Effluent 50060 - Total Residual 28 µg/L 2/Week Grab Effluent Chlorine 00010 - Temperature (IC) ' Weekly Grab Effluent, 00400 - pH Between 6.0 - 9.0 s.u. Weekly Grab Effluent 00310 - BOD, 5-day (20°C) 30.0 mg/L 45.0 mg/L Weekly Grab Effluent 00530 - Total Suspended 30.0 mg/L 45.0 mg/L Weekly Grab Effluent Solids 31616 - Fecal Coliform 200/100 ml 400/100 ml Weekly Grab Effluent (geometric mean)' 00610 - NH3 as N 8.0 mg/L 35.0 mg/L Weekly Grab Effluent (April 1 — October 31) 00610 - NH3 as N 2/Month Grab Effluent (November 1 — March 31) Footnotes: 1. The Division shall consider all effluent TRC values reported below 50 ug/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 ug/L. There shall be no discharge of floating solids or visible foam in other than trace amounts. NPDES Permit Standard Conditions Ippr Page 1 of 18 PART II STANDARD CONDITIONS FOR NPDES PERMITS Section A. Definitions 2/Month Samples are collected twice per month with at least ten calendar days between sampling events. These samples shall be representative of the wastewater discharged during the sample period. 3/Week Samples are collected three times per week on three separate calendar days. These samples shall be representative of the wastewater discharged during the sample period. Act or "the Act" The Federal Water Pollution Control Act, also known as the Clean Water Act (CWA), as amended, 33 USC 1251, et. seq. Annual Average The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar year. In the case of fecal coliform, the geometric mean of such discharges. Arithmetic Mean The summation of the individual values divided by the number of individual values. Bypass The known diversion of waste streams from any portion of a treatment facility including the collection system, which is not a designed or established or operating mode for the facility. Calendar Day The period from midnight of one day until midnight of the next day. However, for purposes of this permit, any consecutive 24-hour period that reasonably represents the calendar day may be used for sampling. Calendar Week The period from Sunday through the following Saturday. Calendar Quarter One of the following distinct periods: January through March, April through June, July through September, and October through December. Composite Sample A sample collected over a 24-hour period by continuous sampling or combining grab samples of at least 100 ml in such a manner as to result in a total sample representative of the wastewater discharge during the sample period. The Director may designate the most appropriate method (specific number and size of aliquots necessary, the time interval between grab samples, etc.) on a case -by -case basis. Samples may be collected manually or automatically. Composite samples may be obtained by the following methods: (1) Continuous: a single, continuous sample collected over a 24-hour period proportional to the rate of flow. (2) Constant time/variable volume: a series of grab samples collected at equal time intervals over a 24 hour period of discharge and combined proportional to the rate of flow measured at the time of individual sample collection, or (3) Variable time/constant volume: a series of grab samples of equal volume collected over a 24 hour period with the time intervals between samples determined by a preset number of gallons passing the sampling point. Flow measurement between sample intervals shall be determined by use of a flow recorder and totalizer, and the preset gallon interval between sample collection fixed at no greater than 1/24 of the expected total daily flow at the treatment system, or (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 Version 1012912010 NPDES Permit Standard Con Page 2 0 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. tinuous 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. 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. Version 1012912010 Or NPDES Permit Standard Conditions Page 3 of 18 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 proper damage Substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage excludes economic loss caused by delays in production. Toxic Pollutant: Any pollutant listed as toxic under Section 307(a)(1) of the CWA. Upset An incident beyond the reasonable control of the Permittee causing unintentional and temporary noncompliance with permit effluent limitations and/or monitoring requirements. An upset does not include noncompliance caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation. Weekly Average (concentration limit) The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar week. In the case of fecal coliform, the geometric mean of such discharges. Section B. General Conditions 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 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 Version 1012912010 NPDES Permit Standard Con Page 4 o penalties of not more than $100,000 per day of violation, or imprisonment of not more than 6 years, or both. [33 USC 1319 (c) (2) and 40 CFR 122.41 (a) (2)] e. Any person who knowingly violates section 301, 302, 303, 306, 307, 308, 318 or 405 of the Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of the Act, and who knows at that time that he thereby places another person in imminent danger of death or serious bodily injury, shall, upon conviction, be subject to a fine of not more than $250,000 or imprisonment of not more than 15 years, or both. In the case of a second or subsequent conviction for a knowing endangerment violation, a person shall be subject to a fine of not more than $500,000 or by imprisonment of not more than 30 years, or both. An organization, as defined in section 309(c)(3)(B)(iii) of the CWA, shall, upon conviction of violating the imminent danger provision, be subject to a fine of not more than $1,000,000 and can be fined up to $2,000,000 for second or subsequent convictions. [40 CFR 122.41 (a) (2)] f. Under state law, a civil penalty of not more than $25,000 per violation may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of a permit. [North Carolina General Statutes § 143-215.6A] g. Any person may be assessed an administrative penalty by the Administrator for violating section 301, 302, 306, 307, 308, 318 or 405 of this Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of this Act. Administrative penalties for Class I violations are not to exceed $16,000 per violation, with the maximum amount of any Class I penalty assessed not to exceed $37,500. Penalties for Class II violations are not to exceed $16,000 per day for each day during which the violation continues, with the maximum amount of any Class II penalty not to exceed $177,500. [33 USC 1319 (g) (2) and 40 CFR 122.41 (a) (3)] 2. Dutyto 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 11. C. 7), nothing in this permit shall be construed to relieve the Permittee from any responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3, 143-215.6 or Section 309 of the Federal Act, 33 USC 1319. Furthermore, the Permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 4. Oil and Hazardous Substance Liability Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the Permittee from any responsibilities, liabilities, or penalties to which the Permittee is or may be subject to under NCGS 143-215.75 et seq. or Section 311 of the Federal Act, 33 USG 1321. Furthermore, the Permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 5. Property Rights The issuance of this permit does not convey any property rights in either real or personal property, or any exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor any infringement of Federal, State or local laws or regulations [40 CFR 122.41 (g)]. 6. Onshore or Offshore Construction This permit does not authorize or approve the construction of any onshore or offshore physical structures or facilities or the undertaking of any work in any navigable waters. 7. Severability The provisions of this permit are severable. If any provision of this permit, or the application of any provision of this permit to any circumstances, is held invalid, the application of such provision to other circumstances, and the remainder of this permit, shall not be affected thereby [NCGS 15013-231. Version 1012912010 IV 8. Duty to Provide Information NPDES Permit Standard Conditions Page 5 of 18 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 term environmental compliance with environmental laws and regulations; the manager can ensure that the necessary systems are established or actions taken to gather complete and accurate information for permit application requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures. (2) For a partnership or sole proprietorship: by a general partner or the proprietor, respectively; or (3) For a municipality, State, Federal, or other public agency: by either a principal executive officer or ranking elected official [40 CFR 122.22]. b. All reports required by the permit and other information requested by the Permit Issuing Authority shall be signed by a person described in paragraph a. above or by a duly authorized representative of that person. A person is a duly authorized representative only if: (1) The authorization is made in writing by a person described above; (2) The authorization specified either an individual or a position having responsibility for the overall operation of the regulated facility or activity, such as the position of plant manager, operator of a well or well field, superintendent, a position of equivalent responsibility, or an individual or position having overall responsibility for environmental matters for the company. (A duly authorized representative may thus be either a named individual or any individual occupying a named position.); and (3) The written authorization is submitted to the Permit Issuing Authority [40 CFR 122.221 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] Version 1012912010 NPDES Permit Standard7,Page d. Certification. Any person signing a document under paragraphs a. or b. of this section shamaethe following certification [40 CFR 122.22]. NO OTHER STATEMENTS OF CERTIFICATION WILL BE ACCEPTED: "I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations." 12. Permit Actions This permit may be modified, revoked and reissued, or terminated for cause. The filing of a request by the Permittee for a permit modification, revocation and reissuance, or termination, or a notification of planned changes or anticipated noncompliance does not stay any permit condition [40 CFR 122.41 (f)]. 13. Permit Modification, Revocation and Reissuance, or Termination The issuance of this permit does not prohibit the permit issuing authority from reopening and modifying the permit, revoking and reissuing the permit, or terminating the permit as allowed by the laws, rules, and regulations contained in Title 40, Code of Federal Regulations, Parts 122 and 123; Title 15A of the North Carolina Administrative Code, Subchapter 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. Section C. Operation and Maintenance of Pollution Controls Certified Operator Upon classification of the permitted facility by the Certification Commission, the Permittee shall employ a certified water pollution control treatment system operator in responsible charge (ORC) of the water pollution control treatment system. Such operator must hold a certification of the grade equivalent to or greater than the classification assigned to the water pollution control treatment system by the Certification Commission. The Permittee must also employ one or more certified Back-up ORCs who possess a currently valid certificate of the type of the system. Back-up ORCs must possess a grade equal to (or no more than one grade less than) the grade of the system [15A NCAC 8G.0201]. The ORC of each Class I facility must: ➢ Visit the facility 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. Version 1012912010 NPDES Permit Standard Conditions Page 7 of 18 V21PIropper Operation and Maintenance The Permittee shall at all times provide the operation and maintenance resources necessary to operate the existing facilities at optimum efficiency. The Permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the Permittee to achieve compliance with the conditions of this permit. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures. This provision requires the Permittee to install and operate backup or auxiliary facilities only when necessary to achieve compliance with the conditions of the permit [40 CFR 122.41 (e)]. NOTE: Properly and officially designated operators are fully responsible for all proper operation and maintenance of the facility, and all documentation required thereof, whether acting as a contract operator [subcontractor] or a member of the Permittee's staff. 3. Need to Halt or Reduce not a Defense It shall not be a defense for a Permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the condition of this permit [40 CFR 122.41 (c)]• 4. Bypassing of Treatment Facilities a. Bypass not exceeding limitations [40 CFR 122.41 (m) (2)] 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. Version 1012912010 NPDES Permit Standard Con i Page 8 of 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 reopened and modified, or revoked and reissued, to incorporate applicable requirements at 40 CFR 503. The Permittee shall comply with applicable 40 CFR 503 Standards for the Use and Disposal of Sewage Sludge (when promulgated) within the time provided in the regulation, even if the permit is not modified to incorporate the requirement. The Permittee shall notify the Permit Issuing Authority of any significant change in its sludge use or disposal practices. 7. Power Failures The Permittee is responsible for maintaining adequate safeguards (as required by 15A NCAC 2H.0124) to prevent the discharge of untreated or inadequately treated wastes during electrical power failures either by means of alternate power sources, standby generators or retention of inadequately treated effluent. 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)]. Reporting Monitoring results obtained during the previous month(s) shall be summarized for each month and reported on a monthly Discharge Monitoring Report (DMR) Form (MR 1, 1.1, 2, 3) or alternative forms approved by the Director, postmarked no later than the last calendar day of the month following the completed reporting period. The first DMR is due on the last day of the month following the issuance of the permit or in the case of a new facility, on the last day of the month following the commencement of discharge. Duplicate signed copies of these, and all other reports required herein, shall be submitted to the following address: NC DENR / Division of Water Quality / Surface Water Protection Section ATTENTION: Central Files 1617 Mail Service Center Raleigh, North Carolina 27699-1617 3. Flow Measurements Appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges. The devices shall be installed, calibrated and maintained to ensure that the accuracy of the Version 1012912010 IV NPDES Permit Standard Conditions Page 9 of 18 measurements is consistent with the accepted capability of that type of device. Devices selected shall be capable of measuring flows with a maximum deviation of less than 10% from the true discharge rates throughout the range of expected discharge volumes. Flow measurement devices shall be accurately calibrated at a minimum of once per year and maintained to ensure that the accuracy of the measurements is consistent with the accepted capability of that type of device. The Director shall approve the flow measurement device and monitoring location prior to installation. Once -through condenser cooling water flow monitored by pump logs, or pump hour meters as specified in Part I of this permit and based on the manufacturer's pump curves shall not be subject to this requirement. 4. Test Procedures Laboratories used for sample analysis must be certified by the Division. Permittees should contact the Division's Laboratory Certification Section (919 733-3908 or http://portal.ncdenr.org/web/wq/lab/cert) for information regarding laboratory certifications. Facilities whose personnel are conducting testing of field -certified parameters only must hold the appropriate field parameter laboratory certifications. Test procedures for the analysis of pollutants shall conform to the EMC regulations (published pursuant to NCGS 143-215.63 et. seq.), the Water and Air Quality Reporting Acts, and to regulations published pursuant to Section 304(g), 33 USC 1314, of the CWA (as amended), and 40 CFR 136; or in the case of sludge use or disposal, approved under 40 CFR 136, unless otherwise specified in 40 CFR 503, unless other test procedures have been specified in this permit [40 CFR 122.41]. To meet the intent of the monitoring required by this permit, all test procedures must produce minimum detection and reporting levels that are below the permit discharge requirements and all data generated must be reported down to the minimum detection or lower reporting level of the procedure. If no approved methods are determined capable of achieving minimum detection and reporting levels below permit discharge requirements, then the most sensitive (method with the lowest possible detection and reporting level) approved method must be used. Penalties for Tampering The CWA provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any monitoring device or method required to be maintained under this permit shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. If a conviction of a person is for a violation committed after a first conviction of such person under this paragraph, punishment is a fine of not more than $20,000 per day of violation, or by imprisonment of not more than 4 years, or both [40 CFR 122.41]. Records Retention Except for records of monitoring information required by this permit related to the Permittee's sewage sludge use and disposal activities, which shall be retained for a period of at least five years (or longer as required by 40 CFR 503), the Permittee shall retain records of all monitoring information, including: ➢ all calibration and maintenance records ➢ all original strip chart recordings for continuous monitoring instrumentation ➢ copies of all reports required by this permit ➢ copies of all data used to complete the application for this permit These records or copies shall be maintained for a period of at least 3 years from the date of the sample, measurement, report or application. This period may be extended by request of the Director at any time [40 CFR 122.411. 7. Recording Results For each measurement or sample taken pursuant to the requirements of this permit, the Permittee shall record the following information [40 CFR 122.41]: a. The date, exact place, and time of sampling or measurements; b. The individual(s) who performed the sampling or measurements; Version 1012912010 NPDES Permit Standard Con Page 10 of c. The date(s) analyses were performed; d. The individual(s) who performed the analyses; e. The analytical techniques or methods used; and f. The results of such analyses. 8. Inspection and Entry The Permittee shall allow the Director, or an authorized representative (including an authorized contractor acting as a representative of the Director), upon the presentation of credentials and other documents as may be required by law, to; a. Enter upon the Permittee's premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of this permit; b. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this permit; c. Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this permit; and d. Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise authorized by the 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 122.41 (1) (2)]. 4. Transfers This permit is not transferable to any person without approval from the Director. The Director may require modification or revocation and reissuance of the permit to document the change of ownership. Any such action may incorporate other requirements as may be necessary under the CWA [40 CFR 122.41 (1) (3)]. 5. Monitoring Reports Monitoring results shall be reported at the intervals specified elsewhere in this permit [40 CFR 122.41 (1) (4)]. a. Monitoring results must be reported on a Discharge Monitoring Report (DMR) (See Part U. D. 2) or forms provided by the Director for reporting results of monitoring of sludge use or disposal practices. Version 1012912010 NPDES Permit Standard Conditions PP Page 11 of 18 7bif 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)]. b. The Director may waive the written report on a case -by -case basis for reports under this section if the oral report has been received within 24 hours. c. Occurrences outside normal business hours may also be reported to the Division's Emergency Response personnel at (800) 662-7956, (800) 858-0368 or (919) 733-3300. 7. Other Noncompliance The Permittee shall report all instances of noncompliance not reported under Part Il. E. 5 and 6. of this permit at the time monitoring reports are submitted. The reports shall contain the information listed in Part 11. 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. 10. Availabili , 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]. Version 1012912010 12. NPDES Permit Standard Con Page 12 of Annual Performance Reports Permittees who own or operate facilities that collect or treat municipal or domestic waste shall provide an annual report to the Permit Issuing Authority and to the users/customers served by the Permittee (NCGS 143- 215.1C). The report shall summarize the performance of the collection or treatment system, as well as the extent to which the facility was compliant with applicable Federal or State laws, regulations and rules pertaining to water quality. The report shall be provided no later than sixty days after the end of the calendar or fiscal year, depending upon which annual period is used for evaluation. The report shall be sent to: NC DENR / Division of Water Quality / Surface Water Protection Section ATTENTION: Central Files 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Version 1012912010 PART III OTHER REQUIREMENTS Section A. Construction NPDES Permit Standard Conditions Page 13 of 18 The Permittee shall not commence construction of wastewater treatment facilities, nor add to the plant's treatment capacity, nor change the treatment process(es) utilized at the treatment plant unless the Division has issued an Authorization to Construct (AtC) permit. Issuance of an AtC will not occur until Final Plans and Specifications for the proposed construction have been submitted by the Permittee and approved by the Division. Section 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 dug/L); (2) Two hundred micrograms per liter (200 dug/L) for acrolein and acrylonitrile; five hundred micrograms per liter (500 pg/L) for 2.4-dinitrophenol and for 2-methyl-4.6-dinitrophenol; and one milligram per liter (1 mg/L) for antimony; (3) Five times the maximum concentration value reported for that pollutant in the permit application. b. That any activity has occurred or will occur which would result in any discharge, on a non -routine or infrequent basis, of a toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels"; (1) Five hundred micrograms per liter (500 pg/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. Facility Closure Requirements The Permittee must notify the Division at least 90 days prior to the closure of any wastewater treatment system covered by this permit. The Division may require specific measures during deactivation of the system to prevent adverse impacts to waters of the State. This permit cannot be rescinded while any activities requiring this permit continue at the permitted facility. Version 1012912010 NPDES Permit Standard on 14 of PART IV Page 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 (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 P,OTW's NPDES Permit or prevents sewage sludge use or disposal in compliance with specified applicable State and Federal statutes, regulations, or permits. [15A NCAC 2H.0903 (b) (13)] Pass 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 POTW's 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 POTW's operation or for violating any pretreatment standard or requirement or POTW's receiving stream standard, or to limit the POTW's sludge disposal options. Section B. Publicly Owned Treatment Works (POTWs) All POTWs are required to prevent the introduction of pollutants into the POTW which will interfere with the operation of the POTW, including interference with its use or disposal of municipal sludge, or pass through the treatment works or otherwise be incompatible with such treatment works. [40 CFR 403.2] All POTWs must provide adequate notice to the Director of the following [40 CFR 122.42 (b)]: 1. Any new introduction of pollutants into the POTW from an indirect discharger, regardless of the means of transport, which would be subject to section 301 or 306 of CWA if it were directly discharging those pollutants; and 2. Any substantial change in the volume or character of pollutants being introduced by an indirect discharger as influent to that POTW at the time of issuance of the permit. Version 1012912010 FV NPDES Permit Standard Conditions Page 15 of 18 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 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; (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; 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 User discharging to the POTW to meet Federal Pretreatment Standards developed under Section 307(b) of the Act as amended (which includes categorical standards and Version 1012912010 NPDES Permit Standard Condi Page 16 of specific local limits, best management practices and narrative requirements). Prior to accepting wastewater from any Significant Industrial User, the Permittee shall either develop and submit to the Division a new Pretreatment Program or a modification of an existing Pretreatment Program, for approval as required under section D below as well as 15A NCAC 2H.0907 (a) and (b). [40 CFR 122.44 (j) (2)] 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 (j) (2)] The Permittee shall operate its approved pretreatment program in accordance with Section 402 (b) (8) of the CWA, 40 CFR 403, 15A NCAC 2H.0900, and the legal authorities, policies, procedures, and financial provisions contained in its pretreatment program submission and Division approved modifications thereof. Such operation shall include but is not limited to the implementation of the following conditions and requirements. Terms not defined in Part II or Part IV of this permit are as defined in 15A NCAC 2H.0903 and 40 CFR 403.3. 1. Sewer Use Ordinance (SUO) The Permittee shall maintain adequate legal authority to implement its approved pretreatment program. [15A NCAC 21-1.0905 and .0906; 40 CFR 403.8 (f) (1) and 403.9 (b) (1), (2)] 2. Industrial Waste Survey ( The permittee shall implement an IWS consisting of the survey of users of the POTW, as required by 40 CFR 403.8 (f) (2) (i-iii) and 15A NCAC 2H.0905 [also 40 CFR 122.44 (j) (1)], including identification of all industrial users 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. 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. 3. Monitoring Plan The Permittee shall implement a Division -approved Monitoring Plan for the collection of facility specific data to be used in a wastewater treatment plant Headworks Analysis (HWA) for the development of specific pretreatment local limits. Effluent data from the Plan shall be reported on the DMRs (as required by Part II, Section D, and Section E.5.). [15A NCAC 21-1.0906 (b) (2) and .0905] 4. Headworks Analysis (HWA) and Local Limits The Permittee shall obtain Division approval of a HWA at least once every five years, and as required by the Division. Within 180 days of the effective date of this permit (or any subsequent permit modification) the Permittee shall submit to the Division a written technical evaluation of the need to revise local limits (i.e., an 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. Pursuant to 40 CFR 403.5, local limits are enforceable Pretreatment Standards as defined by 40 CFR 403.3(1). 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 Version 1012912010 IV NPDES Permit Standard Conditions Page 17 of 18 all lUPs. Permitted IUP loadings for each parameter cannot exceed the treatment capacity of the POTW as determined by the HWA. [15A NCAC 2H.0909, .0916, and .0917; 40 CFR 403.5, 403.8 (f) (1) (iii); NCGS 143- 215.67 (a)] 6. Authorization to Construct (AtC) The Permittee shall ensure that an Authorization to Construct permit (AtC) is issued to all applicable industrial users for the construction or modification of any pretreatment facility. Prior to the issuance of an AtC, the proposed pretreatment facility and treatment process must be evaluated for its capacity to comply with ,all Industrial User Pretreatment Permit (IUP) limitations. [15A NCAC 2H.0906 (b) (6) and ..0905; NCGS 143-215.1 (a) (8)] 7. POTW 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(f)(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)(iii); 40 CFR 122.44(j)(2) and 40 CFR 403.12] 9. Enforcement Response, Plan (ERP) The Permittee &hail 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 remedies, enforcement actions and other, shall be consistent with the Enforcement Response Plan (.ERP) approved by the Division. [15A NCAC 2H .0906(b)(7) .and .0905; 40 CFR 403.8(f)(5)] 10. Pretreatment Annual Reports (PAR) The Permittee shall report to the Division in accordance with 15A NCAC 2H .0908. In lieu of submitting annual reports, Modified Pretreatment Programs developed under 15A NCAC 2H .0904 (b) 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 twelve months to the Division .at the following address: NC DEN.R / Division of Water Quality / Surface Water Protection Section Pretreatment, Emergency Response, and Collection Systems (PERCS) Unit 1617 Mail Service Center Raleigh, North Carolina 27699-1617 These reports shall be submitted according to a schedule established by the Director, and shall contain the following: a.) Narrative A brief discussion of reasons for, status of, and actions taken for all Significant Industrial Users (SIUs) in Significant Non -Compliance (SNC); Version 1`012912010 NPDES Permit Standard Condi Page 18 of 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) 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 SIUs in SNC, and any other information, upon request, which in the opinion of the Director is needed to determine compliance with the pretreatment implementation requirements of thus permit; 11. Public Notice The Permittee shall publish annually a list of Significant Industrial Users (SIUs) that were in ;Significant Non Compliance (SNC) as. defined in the Permittee's Division -approved Sewer Use Ordinance with applicable pretreatment requirements and standards during the previous twelve month period. This list shall be published within four months of the applicable twelve-month period. [15A NCAC 2H .0903(b)(35), .0908(b)(5) and .0905and 40 CFR 403.8(f)(2)(vii)] 1.2. Record Keeping The Permittee shall retain for a minimum of three years records of monitoring activities and results, along with support information including general records, water quality records, and records of industrial impact on the POTW. [15A NCAC 2H .0908(f); 40 CFR 403.12(o)] 13. Funding and Financial Report The Permittee shall maintain adequate funding and staffing levels to accomplish the objectives of its approved pretreatment program. [15A NCAC 2H .0906(a) and .0905; 40 CFR 403.8(f)(3), 403.9(b)(3)] 14. Modification to Pretreatment Programs Modifications to the approved pretreatment program including but not limited to local limits modifications, POTW monitoring of their 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 21-I.0114 and 15A NCAC 2H .0907. Version 1012912010 NOTICE Annual Performance Report On July 20, 1999, the North Carolina General Assembly ratified House Bill 1160, the Clean Water Act of 1999 which placed significant new reporting requirements on those entities that own or operate wastewater treatment facilities and collection systems. Specific items include: 1. A Spill Response Plan 2. Sewer Collection System Operation and Maintenance Plan 3. Annual Performance Report These new requirements became effective on October 1, 1999. This law was established to provide a mechanism for public oversight and hopefully instill public confidence in owners and operators of wastewater treatment systems and in their efforts to protect the waters of the state. We are pleased to announce that the Annual Performance Report for our wastewater treatment system is now available for review. A copy of the report is available to interested persons by contacting the office. We are pleased to be a part of this on -going environmental protection program. .P--,...c-rw;n.,.;c�-..;s:,.v..:^-�•e�_��-,-.-xn�-..,,F,...,..-.�«�,..�.,, rat;.^. .Y' rFEB n2011 "I' : Annual Wastewater Treatment System Performance Report For Bearwallow Valley MHP For the Operating Period January 1 — December 31, 2010 Preface On July 20, 1999, the North Carolina General Assembly ratified House Bill 1160, the Clean Water Act of 1999, which placed significant new reporting requirements on those entities that own or operate wastewater treatment and collection systems. Specific items include: 1. A Spill Response Plan 2. Sewer Collection System Operation and Maintenance Plan 3. Annual Performance Report These new requirements became effective on October 1, 1999. This report is designed to meet the minimum requirements for the Annual Performance Report established by the North Carolina Department of Environment and Natural Resources (NCDENR) as set forth in their guidance document dated October 19,1999. This law was established to provide a mechanism for public oversight, (and, hopefully, to instill public confidence), in owners and operators of wastewater treatment systems and in their efforts to protect the waters of the state. I. General Information Facility/System Name: Responsible Entity: Person(s) in Charge/Contact: Applicable Permits Bearwallow WWTP Henderson County Biltmore Investments, Ltd. Walter McGee — Owner Kevin C. White — Operator in Responsible Charge (ORC) NPDES 4 NC0076082 Description of Treatment Process, Collection System and Facility Served: Treatment Process — The treatment facility is a typical "Extended Aeration" process capable of treating .010 Million Gallons Per Day (MGD). The facility consists of a 4,100 gallon Flow Equalization Basin. The EQ basin consists of one electrical panel which controls the pumps by a float system, an audio/visual alarm system, a bar screen, dual 1/2 horsepower pumps, and a splitter box that distributes the flow equally and at a desired rate to the treatment facility. Two gravity emergency overflow pipes are also provided. The treatment facility consists of dual aeration basins @ 5,000 gallons each, two clarifiers @ 5,200 gals. each, a chlorine contact chamber @ 1,031 gals., a DeChlorination unit, and a sludge holding aerobic digester @2,062 gallons capacity. The treated effluent is discharged into an unnamed tributary to Clear Creek in the French Broad River Basin. Collection System — The collection system is a standard gravity design consisting of 8-inch pipe with pre -cast manholes. The wastewater is collected at a pre -cast lift station @ 550 gallons capacity and pumped through a 2-inch force main to the Flow Equalization Basin. The lift station consists of one electrical panel, dual 1 horsepower pumps and an audio/visual alarm system. The collection system was designed to meet all state standards for collection systems. Facilities Served — This system serves Bearwallow Valley MHP. II. WWTP Performance All operating parameters were in compliance with NPDES Permit limits for 2010. We take pride in our efforts to protect the local environment and the quality of the waters in our streams. III. Collection System Performance The collection system experienced no significant problems for the reporting period. Whitewater Environmental, LLC maintains a routine operation and maintenance plan for the system. IV. Notification A notice advising of the availability of this report will be sent to each user. A copy of this Report is available to interested persons in office of: Bearwallow Valley MHP C/o Biltmore Investments, Ltd. P.O. Box 745 Hendersonville, N.C. 28793 Kevin C. White Whitewater Environmental, LLC 417 C.C. Lovelace Rd. Rutherfordton, N.C. 28139-8345 As required, three copies of this report are being provided to NCDWQ. V. Certification I certify that under penalty of law that this report is complete and accurate to the best of my knowledge. kw'z� (�'- 4jj /-(/ K vin C. White Date This report was prepared by: Kevin C. White Whitewater Environmental, LLC 417 C.C. Lovelace Rd. Rutherfordton, N.C. 28139-8345 828-289-2165 khitewater@bellsouth.net �I ''e-W 1-tl-j Whitewater Environmental, L.L.C. 417 C.C. Lovelace Rd. Rutherfordton, N.C. 28139-8345 •828-289-2165 • khitewater@bellsouth.net February 1, 2012 System Performance Annual Report NCDWQ 1617 Mail Service Center Raleigh, N.C. 27699-1617 NCDWQ: F E B 2 2 2012 WATER c'I-IALiTY SECTION pc�;�JILI`5 R_,^i:Al�'-FILE Please fmd the enclosed Annual Performance Reports for Bearwallow MHP, NPDES and Camp Judaea, NPDES # NC10033430. Three copies of each report have been enclosed. If you have any questions, please contact me at the provided address. Since ely, Kevin C. White Whitewater Environmental, LLC @ Do FEB 13 2012 Annual Wastewater Treatment System Performance Report For Bearwallow Valley MHP For the Operating Period January 1 — December 31, 2011 Preface On July 20, 1999, the North Carolina General Assembly ratified House Bill 1160, the Clean Water Act of 1999, which placed significant new reporting requirements on those entities that own or operate wastewater treatment and collection systems. Specific items include: 1. A Spill Response Plan 2. Sewer Collection System Operation and Maintenance Plan 3. Annual Performance Report These new requirements became effective on October 1, 1999 This report is designed to meet the minimum requirements for the Annual Performance Report established by the North Carolina Department of Environment and Natural Resources (NCDENR) as set forth in their guidance document dated October 19,1999. This law was established to provide a mechanism for public oversight, (and, hopefully, to instill public confidence), in owners and operators of wastewater treatment systems and in their efforts to protect the waters of the state. I. General Information Facility/System Name: Responsible Entity: Person(s) in Charge/Contact Applicable Permits Bearwallow WWTP Henderson County Biltmore Investments, Ltd. Walter McGee — Owner Kevin C. White — Operator in Responsible Charge (ORC) NPDES # NC0076082 Description of Treatment Process, Collection System and Facility Served: Treatment Process — The treatment facility is a typical "Extended Aeration" process capable of treating .010 Million Gallons Per Day (MGD). The facility consists of a 4,100 gallon Flow Equalization Basin. The EQ basin consists of one electrical panel which controls the pumps by a float system, an audio/visual alarm system, a bar screen, dual 1/2 horsepower pumps, and a splitter box that distributes the flow equally and at a desired rate to the treatment facility. Two gravity emergency overflow pipes are also provided. The treatment facility consists of dual aeration basins @ 5,000 gallons each, two clarifiers @ 5,200 gals. each, a chlorine contact chamber @ 1,031 gals., a DeChlorination unit, and a sludge holding aerobic digester @2,062 gallons capacity. The treated effluent is discharged into an unnamed tributary to Clear Creek in the French Broad River Basin. Collection System — The collection system is a standard gravity design consisting of 8-inch pipe with pre -cast manholes. The wastewater is collected at a pre -cast lift station @ 550 gallons capacity and pumped through a 2-inch force main to the Flow Equalization Basin. The lift station consists of one electrical panel, dual 1 horsepower pumps and an audio/visual alarm system. The collection system was designed to meet all state standards for collection systems. Facilities Served — This system serves Bearwallow Valley MHP. II. WWTP Performance All operating parameters were in compliance with NPDES Permit limits for 2011. We take pride in our efforts to protect the local environment and the quality of the waters in our streams. n- III. Collection System Performance The collection system experienced no significant problems for the reporting period. Whitewater Environmental, LLC maintains a routine operation and maintenance plan for the system. IV. Notification A notice advising of the availability of this report will be sent to each user. A copy of this Report is available to interested persons in office of: Bearwallow Valley MHP C/o Biltmore Investments, Ltd. P.O. Box 745 Hendersonville, N.C. 28793 Kevin C. White Whitewater Environmental, LLC 417 C.C. Lovelace Rd. Rutherfordton, N.C. 28139-8345 As required, three copies of this report are being provided to NCDWQ. V. Certification I certify that under penalty of law that this report is complete and accurate to the best of my knowledge. 60�1'7� (I-- 1'61A-al" a_,- evin C. White Date This report was prepared by: Kevin C. White Whitewater Environmental, LLC 417 C.C. Lovelace Rd. Rutherfordton, N.C. 28139-8345 828-289-2165 kwhitewater@bellsouth.net Facilitv information NPDES permit #: NCO076082 Henderson County Facility name: Biltmore Investments, Ltd. — Bear Wallow Mobile Home Park WWTP WWTP class: II WWTP type: 0.010 MGD WWTP consisting of: 550 gallon influent lift station with dual pumps and dual high water alarms; 4100 gallon circular concrete flow equalization basin with duplex alternating /2 submersible pumps (Barnes,' HP, 21 gpm), dual high water alarms, manual bar screen and flow splitter box; dual 5000 gallon (each) aeration basins with dual blowers (375 cfm) providing diffused air, dual 5200 gallon (each) clarifiers with skimmers and sludge returns; 2062 gallon aerobic digestor with dual submersible pumps; calcium hypochlorite tablet chlorinator; 1031 gallon chlorine contact chamber; sodium sulfite tablet dec I lorinator; effluent weir; Isco 4230 bubbler flow meter with recorder; and 10 KW propane emergency generator with propane tank. A to C # 076082A01: Flow equailization basin — issued 12-1-06 & approved 3-12-07 -- J. Thurman Horne, P.E. (704-788-4455) A to C # 076082 Certified 4-6-00 by William G. Lapsley, P.E. A to C: Modified flow to 0.010 MGD on 12-20-93 Annual Average Flow: 0.0076 MGD (3 year average — 2007-2010). Collection System: WQCSD Development: Consists of 49 mobile homes Sludge Management: Mike's Septic Service to Brevard and MSD WWTP location: 1975 Bear Wallow Road, northwest of Edneyville 2Ij C� Responsible official: Responsible "'s title: Official's location: Mailing address: Phone numbers 828-693-0023 828-693-0911 828-289-2165 828-286-0583 828-890-4810 828-243-1784 cell Operator information Certified ORC & grade: Back-up ORC & grade: Permit information Date issued: Expiration date: 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: 30Q2 cfs: Walter McGee President PO Box 745; Hendersonville, NC 28739 Walter McGee " — fax Kevin White, ORC - Whitewater Env., LLC " - cell (h) 417 C.C. Lovelace Road; Rutherfordton, NC 28139-8345 (email: kwhitewater@bellsouth.net) Tom Kilpatrick, ORC " — (h) 828-891-8165 (h) PO Box 679; Etowah, NC 28729-0679 Email: twkk@mchsi.com Kevin White — Grade II — Cert. # 19182 Tom Kilpatrick — Grade IV — Cert. # 5983 12-1-2006 11-30-10 unnamed tributary to Clear Creek; French Broad River Basin 04-03-02 06010105 Bat Cave F9NE B-Trout 0.45 11% 0.76 cfs 0.13 0.19 0.30 Other information Directions: From the intersection of US 1-26 and US Hwy 64 East (Bat Cave Exit 49), go - 6 miles east to the intersection of South Mills Gap Road (NCSR 1586) at Russell's Exxon. Turn left. Go 0.2 miles (pass Old Bearwallow Road) to Bearwallow Road (NCSR 1587) and turn right. Go - 1.8 miles to the second entrance to the park on the left. Drive down the hill and to the left. The WWTP is beyond the trash dumpsters. Michael F. Easley, Governor �Q GWilliam State of North Carolina G. Ross, Jr., Secretary F- Department of Environment and Natural Resources 7 Alan W. Klimek, P.E., Director Division of.Water Quality Mr. Walter McGee Biltmore Investment, Ltd. P.O. Box 745 Hendersonville, North Carolina 28729 Dear Mr. McGee: November 15, 2006 NOV 2 0 2006% : s 1 WATER nLIALITY SECTION ASHEVILLE REGfONIAL OFFICE Subjpct:'Issuance of NPDES Permit, , NCO076082 Bear Wallow Mobile Home Park W WTP Henderson County Division personnel have reviewed and approved your application for renewal of the subject permit. Accordingly, we are forwarding the attached NPDES discharge permit. This permit is issued pursuant to the requirements of North Carolina General Statute 143-215.1 and the Memorandum of Agreement between North Carolina and the U.S. Environmental Protection Agency dated May 9, 1994 (or as subsequently amended). This final permit contains no significant changes from the draft you were sent on August 16, 2006. If any parts, measurement frequencies or sampling requirements contained in this permit are unacceptable to you, you have the right to an adjudicatory hearing upon written request within thirty (30) days following receipt of this letter. This request must be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings (6714 Mail Service Center, Raleigh, North Carolina 27699-6714). Unless such demand is made, this decision shall be final and binding. Please note that this permit is not transferable except after notice to the Division. The Division may require modification or revocation and reissuance of the permit. This permit does not affect the legal requirements to obtain other permits which may be required by the Division of Water Quality or permits required by the Division of Land Resources, the Coastal Area Management Act or any other Federal or Local governmental permit that may be required. If you have any questions concerning this permit, please contact Toya Fields at telephone number (919) 733-5083, extension 551. Sincerely, Alan W. Klimek, P.E. cc: Central Files s ,vriille I,egl@Fa1[[O ' zc7e S- rFface ;rro ection NPDES Unit 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone (919) 733-7015 FAX (919) 733-0719 O NorehCarolina 512 N. Salisbury Street, Raleigh, North Carolina 27604 On the Internet at http://h2o.enr.state.nc.us/ Vatutally An Equal Opportunity/Affirmative Action Employer Permit NCO076082 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY PERMIT TO DISCHARGE WASTEWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provision of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, Biltmore Investments LTD. is hereby authorized to discharge wastewater from a facility located at the Bearwallow Valley Mobile Home Park WWTP 1975 Bearwallow Road NW of Edneyville Hendersonville Henderson County to receiving waters designated as an unnamed tributary to Clear 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, 2006. This permit and authorization to discharge shall expire at midnight on November 30, 2010. Signed this day November 15, 2006. Alan W. Klimek,, P.E. , Director Division of Water Quality By Authority of the Environmental Management Commission Permit NC0076082 SUPPLEMENT TO PERMIT COVER SHEET All previous NPDES Permits issued to this facility, whether for operation or discharge are hereby revoked. As of this permit issuance, any previously issued permit bearing this number is no longer effective. Therefore, the exclusive authority to operate and discharge from this facility arises under the permit conditions, requirements, terms, and provisions included herein. Biltmore Investments, LTD is hereby authorized to: 1. Continue to operate a 0.010 MGD wastewater treatment system with the following components: • Influent lift station • Dual aeration tanks • Dual clarifiers Chlorine contact tank • Tablet chlorination and dechlorination • Sludge holding tank • Effluent weir The facility is located northwest of Edneyville at Bearwallow Valley Mobile Home Park on Bearwallow Road in Henderson County, and 2. Discharge from said treatment works at the location specified on the attached map into an unnamed tributary to Clear Creek, which is classified B-Trout waters in the French Broad River Basin. \\3 4,kert v Discharge N Location I I VN J. v W, 0 ' J Q n. Sch.. n r7 CKpJpN '44' '240 SLR 627 ? Vr JJ u) 7 0 DIA a P. rA A 4. All� Cam -7 Py , 4: Y 1 ;> N,7 M I I le LIJT.1850 7 �-Vt- j Ct N. B 1400 22 ;p M1 '7 L)U E 'R -I D G E 3 Par -5A 0 —"z Facility Information Facility x0l� Latitude: 35'24'50" —Sub-Basin: 04-03-02 Location Longitude: 82'21'35" Quad Name: Bat Cave Stream Class: B-Trout Receiving Stream: UT to Clear Creek Bearwallow Valley MHP No Y'thNCO076082 Henderson County Permit NCO076082 A. (1.) EFFLUENT LIMITATIONS AND MONITORING.REQUIREMENTS During the period beginning on the effective date of this permit and lasting until expiration, the Permittee is authorized to discharge from outfall 001. Such discharges shall be limited and monitored by the Permittee as specified below: EFFLUENT = CHARACTERISTICS ., LIMITS MONITOR N I G REQU I REMENTS Monthly Avera e Weekly Avera e,. Daily MaxlmuYn; Measurement Ere SSK ample Type :Sample Location . , uen`' Flow 0.010 MGD Weekly Instantaneous Influent or Effluent BOD, 5-day (20°C) 30.0 mg/L 45.0 mg/L Weekly Grab Effluent Total Suspended Solids 30.0 mg/L 45.0 mg/L Weekly Grab Effluent as N (A (Apr 1- Oct 31) 8.0 mg/L 35.0 mg/L Weekly Grab Effluent N (No1 (Nov1 -Mar 31) 2/Month Grab Effluent Fecal Coliform (geometric mean) 200/100 mL 400/100 mL Weekly Grab Effluent Total Residual Chlorine 28 µg/L 2/Week Grab Effluent Total Residual Chlorine Pre - (Ma 1 -Sep 30)1 Weekly Grab dechlorinationl pH2 Between 6.0 and 9.0 s.u. Weekly Grab Effluent Temperature (°C) Weekly Grab Effluent Footnotes: 1 During recreational season (May 1= September 30), one total residual chlorine sample must be taken on either Friday afternoon or Saturday morning. This sample should be taken above the point . of dechlorination. There shall be no discharge of floating solids or foam visible in other than trace amounts. NPDES Permit Requirements Page 1 of 16 PART II STANDARD CONDITIONS FOR NPDES PERMITS Section A. Definitions 2/Month Samples are collected twice per month with at least ten calendar days between sampling events. 3/Week Samples are collected three times per week on three separate calendar days. Act or "the Act" The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 USC 1251, et. seq. Annual Average The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar year. In the case of fecal coliform, the geometric mean of such discharges. Arithmetic Mean The summation of the individual values divided by the number of individual values. B ass The known diversion of waste streams from any portion of a treatment facility including the collection system, which is not a designed or established or operating mode for the facility. Calendar Day The period from midnight of one day until midnight of the next day. However, for purposes of this permit, any consecutive 24-hour period that reasonably represents the calendar day may be used for sampling. Calendar Quarter One of the following distinct periods: January through October through December. March, April through June, July through September, and Composite Sample A sample collected over a 24-hour period by continuous sampling or combining grab samples of at least 100 ml in such a manner as to result in a total sample representative of the wastewater discharge during the sample period. The Director may designate the most appropriate method (specific number and size of aliquots necessary, the time interval between grab samples, etc.) on a case -by -case basis. Samples may be collected manually or automatically. Composite samples may be obtained by the following methods: (1) Continuous: a single, continuous sample collected over a 24-hour period proportional to the rate of flow. (2) Constant time/variable volume: a series of grab samples collected at equal time intervals over a 24 hour period of discharge and combined proportional to the rate of flow measured at the time of individual sample collection, or (3) Variable time/constant volume: a series of grab samples of equal volume collected over a 24 hour period with the time intervals between samples determined by a preset number of gallons passing the sampling point. Flow measurement between sample intervals shall be determined by use of a flow recorder and totalizer, and the preset gallon interval between sample collection fixed at no greater than 1/24 of the expected total daily flow at the treatment system, or (4) Constant time/constant volume: a series of grab samples of equal volume collected over a 24-hour period at a constant time interval. This method may only be used in situations where effluent flow rates vary less than 15 percent. The grab samples shall be taken at intervals of no greater than 20 minutes apart during any 24-hour period and must be of equal size and of no less than 100 milliliters. Use of this method requires prior approval by the Director. Version 5/1/2006 NPDES Permit Requirements Page 2 of 16 I In accordance with (4) above, influent grab samples shall not be collected more than once per hour. Effluent grab samples shall not be collected more than once per hour except at wastewater treatment systems having a detention time of greater than 24 hours. In such cases, effluent grab samples may be collected at intervals evenly spaced over the 24-hour period that are equal in number of hours to the detention time of the system in number of days. However, the interval between effluent grab samples may not exceed six hours nor the number of samples less than four during a 24-hour sampling period. Continuous flow measurement Flow monitoring that occurs without interruption throughout the operating hours of the facility. Flow shall be monitored continually except for the infrequent times when there may be no flow or for infrequent maintenance activities on the flow device. Daily Discharge The discharge of a pollutant measured during a calendar day or any 24-hour period that reasonably represents the calendar day for purposes of sampling. For pollutants measured in units of mass, the "daily discharge" is calculated as the total mass of the pollutant discharged over the day. The "daily discharge' concentration comprises the mean concentration for a 24-hour sampling period as either a composite sample concentration or the arithmetic mean of all grab samples collected during that period. (40 CFR 122.3) Daily Maximum The highest "daily discharge" during the calendar month for conventional and other non -toxicant parameters. NOTE: Permittees may not submit a "daily average" calculation for determining compliance with permit limits for toxicants. See the relevant Federal effluent guideline[s] for the appropriate calculation interval. Daily Sampling Parameters requiring daily sampling shall be sampled 5 out of every 7 days per week unless otherwise specified in the permit The Division expects that sampling shall be conducted on weekdays except where holidays or other disruptions of normal operations prevent weekday sampling. If sampling is required for all seven days of the week for any permit parameter(s), that requirement will be so noted on the Effluent Limitations and Monitoring Page(s). i DW or "the Division" The Division of Water Quality, Department of Environment and Natural Resources. I EMC The North Carolina Environmental Management Commission. Facility Closure The cessation of wastewater treatment at a permitted facility, or the cessation of all activities that require coverage under the NPDES. Completion of facility closure will allow this permit to be rescinded. Geometric .Mean The Nth root of the product of the individual values where N =-the number of individual values. For purposes of calculating the geometric mean, values of "0" (or "< [detection level]") shall be considered =1. Grab Sample Individual samples of at least 100 ml collected over a period of time not exceeding 15 minutes. Grab samples can be collected manually. Grab samples must be representative of the discharge (or the receiving stream, for instream samples). Hazardous Substance Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the Clean Water Act. Instantaneous flow measurement A measure of flow taken at the time of sampling, when both the sample and flow will be representative of the total discharge. Version 51112006 NPDES Permit Requirements Page 3 of 16 Monthly Average (concentration limitl 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 2ropert3damage Substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage excludes economic loss caused by delays in production. Toxic Pollutant Any pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act. Up -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 Clean Water Act and is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or denial of a permit renewal application [40 CFR 122.41]. a. The Permittee shall comply with effluent standards or prohibitions established under section 307(a) of the Clean Water Act for toxic pollutants and with standards for sewage sludge use or disposal established under section 405(d) of the Clean Water Act within the time provided in the regulations that establish these standards or prohibitions or standards for sewage sludge use or disposal, even if the permit has not yet been modified to incorporate the requirement. b. The Clean Water Act provides that any person who violates section 301, 302, 306, 307, 308, 318 or 405 of the Act, or any permit condition or limitation implementing any such sections in a permit issued under section 402, or any requirement imposed in a pretreatment program approved under sections 402(a)(3) or 402(b)(8) of the Act, is subject to a civil penalty not to exceed $25,000 per day for each violation. [40 CFR 122.41 (a) (2)] c. The Clean Water Act provides that any person who negligently violates sections 301, 302, 306, 307, 308, 318, or 405 of the Act, or any condition or limitation implementing any of such sections in a permit issued under section 402 of the Act, or any requirement imposed in a pretreatment program approved under section 402(a)(3) or 402(b)(8) of the Act, is subject to criminal penalties of $2,500 to $25,000 per day of violation, or imprisonment of not more than 1 year, or both. In the case of a second or subsequent conviction for a negligent violation, a person shall be subject to criminal penalties of not more than $50,000 per day of violation, or by imprisonment of not more than 2 years, or both. [40 CFR 122.41 (a) (2)] Version 51112006 NPDES Permit Requirements Page 4 of 16 d. Any person who knoivingly violates such sections, or such conditions or limitations is subject to criminal penalties of $5,000 to $50,000 per day of violation, or imprisonment for not more than 3 years, or both. In the case of a second or subsequent conviction for a knowing violation, a person shall be subject to criminal penalties of not more than $100,000 per day of violation, or imprisonment of not more than 6 years, or both. [40 CFR 122.41 (a) (2)] e. Any person who knowingly violates section 301, 302, 303, 306, 307, 308, 318 or 405 of the Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of the Act, and who knows at that time that he thereby places another person in imminent danger of death .or serious bodily injury, shall, upon conviction, be subject to a fine of not more than $250,000 or imprisonment of not more than 15 years, or both. In the case of a second or subsequent conviction for a knowing endangerment violation, a person shall be subject to a fine of not more than $500,000 or by imprisonment of not more than 30 years, or both. An organization, as defined in section 309(c)(3)(B)(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 4 143-215.6A] g. Any person may be assessed an administrative penalty by the Administrator for violating section 301, 302, 306, 307, 308, 318 or 405 of this Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of this Act. Administrative penalties for Class I violations are not to exceed $10,000 per violation, with the maximum amount of any Class I penalty assessed not to exceed $25,000. Penalties for Class II violations are not to exceed $10,000 per day for each day during which the violation continues, with the maximum amount of any Class II penalty not to exceed $125,000. [40 CFR 122.41 (a) (3)] 2. Duty to Mitigate The Permittee shall take all reasonable steps to minimize or prevent any discharge or sludge use or disposal in violation of this permit which has a reasonable likelihood of adversely affecting human health or the environment [40 CFR 122.41 (d)]. 3. Civil and Criminal Liability Except as provided in pexrnit conditions on 'Bypassing" (Part II. C. 4), "Upsets" (Part II. C. 5) and "Power Failures" (Part II. C. 7), nothing in this permit shall be construed to relieve the Permittee from any responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3, 143-215.6 or Section 309 of the Federal Act, 33 USC 1319. Furthermore, the Permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 4. Oil and Hazardous Substance Liability Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the Permittee from any responsibilities, liabilities, or penalties to which the Permittee is or may be subject to under NCGS 143- 215.75 et seq. or Section 311 of the Federal Act, 33 USG 1321. Furthermore, the Permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 5. Property Rights The issuance of this permit does not convey any property rights in either real or personal property, or any exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor any infringement of Federal, State or local laws or regulations [40 CFR 122.41 (g)]. 6. Onshore or Offshore Construction This permit does not authorize or approve the construction of any onshore or offshore physical structures or facilities or the undertaking of any work in any navigable waters. Version 51112006 NPDES Permit Requirements Page 5 of 16 7. Sever_ ability 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 term environmental compliance with environmental laws and regulations; the manager can ensure that the necessary systems are established or actions taken to gather complete and accurate information for permit application requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures . (2) For a partnership or sole proprietorship: by a general partner or the proprietor, respectively; or (3) For a municipality, State, Federal, or other public agency: by either a principal executive officer or ranking elected official [40 CFR 122.22]. b. All reports required by the permit and other information requested by the Permit Issuing Authority shall be signed by a person described in paragraph a. above or by a duly authorized representative of that person. A person is a duly authorized representative only if- 1 . The authorization is made in writing by a person described above; 2. The authorization specified either an individual ' or a position having responsibility for the overall operation of the regulated facility or activity, such as. the position of plant manager, operator of a well or well field, superintendent, a position of equivalent responsibility, or an individual or position having overall responsibility for environmental matters for the company. (A duly authorized representative may thus be either a named individual or any individual occupying a named position.); and 3. The written authorization is submitted to the Permit Issuing Authority [40 CFR 122.22] Version 51112006 NPDES Permit Requirements Page 6 of 16 c. Changes to authorization: If an authorization under paragraph (b) of this section is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, a new authorization satisfying the requirements of paragraph (b) of this section must be submitted to the Director prior to or together with any reports, information, or applications to be signed by an authorized representative [40 CFR 122.22] d. Certification. Any person signing a document under paragraphs a. or b. of this section shall make the following certification [40 CFR 122.22]: I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations." 12. Permit Actions This permit may be modified, revoked and reissued, or terminated for cause. The filing of a request by the Permittee for a permit modification, revocation -and reissuance, or termination, or a notification of planned changes or anticipated noncompliance does not stay any permit condition [40 CFR 122.41 13. Permit Modificaiion, 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 pemrit 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 Section Q. 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 at least weekly ➢ Comply with all other conditions of 15A NCAC 8G.0204. The ORC of each Class II, III and IV facility must: ➢ Visit the facility at least daily, excluding weekends and holidays ➢ Properly manage and document daily operation and maintenance of the facility ➢ Comply with all other conditions of 15A NCAC 8G.0204. Once the facility is classified, the Permittee shall submit a letter to the Certification Commission designating the operator in responsible charge: a. Within 60 calendar days prior to wastewater being introduced into a new system Version 51112006 NPDES Permit Requirements Page 7 of 16 b. Within 120 calendar days of: ➢ Receiving notification of a change in the classification of the system requiring the designation of a new ORC and back-up ORC ➢ A vacancy in the position of ORC or back-up ORC. 2. Proper Operation and Maintenance . The Permittee shall at all times provide the operation and maintenance resources necessary to operate the existing facilities at optimum efficiency. The Pem- ittee shall, at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the Permittee to achieve compliance with the conditions of this permit. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures. This provision requires the Permittee to install and operate backup or auxiliary facilities only when necessary to achieve compliance with the conditions of the permit [40 CFR 122.41 (e)]. 3. Need to Halt or Reduce not a Defense It shall not be a defense for a Permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the condition of this permit [40 CFR 122.41 (c)] 4. Bypassing of Treatment Facilities a. Bypass not exceeding limitations [40 CFR 122.41 (m) (2)] The Permittee may allow any bypass to occur which does not cause effluent limitations to be exceeded, but only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the provisions of Paragraphs b. and c. of this section. b. Notice [40 CFR 122.41 (m) (3)] (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 Version 51112006 NPDES Peanut Requirements Page 8 of 16 noncompliance was caused by upset, and before an action for noncompliance, is final administrative action subject to judicial review. b. Conditions necessary for a demonstration of upset: A Permittee who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that: (1) An upset occurred and that the Permittee can identify the cause(s) of the upset; (2) The Permittee facility was at the time being properly operated; and (3) The Permittee submitted notice of the upset as required in Part 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 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 peanut is not modified to incorporate the requirement. The Permittee shall notify the Permit Issuing Authority of any significant change in its sludge use or disposal practices. 7. Power Failures The Permittee is responsible for maintaining adequate safeguards (as required by 15A NCAC 2H.0124 — Reliability) to prevent the discharge of untreated or inadequately treated wastes during electrical power failures either by means of alternate power sources, standby generators or retention of inadequately treated effluent. Section D. Monitoring and Records 1. Representative Sampling Samples collected and measurements taken, as required herein; shall be characteristic of the volume and nature of the permitted discharge. Samples collected at a frequency less than daily shall be taken on a day and time that is characteristic of the discharge over the entire period the sample represents. All samples shall be taken at the monitoring points specified in this permit and, unless otherwise specified, before the effluent joins or is diluted by any other wastestream, body of water, or substance. Monitoring points shall not be changed without notification to and the approval of the Permit Issuing Authority [40 CFR 122.41 (j)]. 2. Reporting Monitoring results obtained during the previous month(s) shall be summarized for each month and reported on a monthly Discharge Monitoring Report (DMR) Form (MR 1, 1.1, 2, 3) or alternative forms approved by the Director, postmarked no later than the last calendar day of the month following the completed reporting period. The first DMR is due on the last day of the month following the issuance of the permit or in the case of a new facility, on the last day of the month following the commencement of discharge. Duplicate signed copies of these, and all other reports required herein, shall be submitted to the following address: . NC DENR / Division of Water Quality / Water Quality Section ATTENTION: Central Files 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Version 51112006 NPDES Permit Requirements Page 9 of 16 3. Flow Measurements Appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges. The devices shall be installed, calibrated and maintained to ensure that the accuracy of the measurements is consistent with the accepted capability of that type of device. Devices selected shall be capable of measuring flows with a maximum deviation of less than 10% from the true discharge rates throughout the range of expected discharge volumes. Flow measurement devices shall be accurately calibrated at a minimum of once per year and maintained to ensure that the accuracy of the measurements is consistent with the accepted capability of that type of device. The Director shall approve the flow measurement device and monitoring location prior to installation. Once -through condenser cooling water flow monitored by pump logs, or pump hour meters as specified in Part I of this permit and based on the manufacturer's pump curves shall not be subject to this requirement. ' 4. Test Procedures Test procedures for the analysis of pollutants shall conform to the EMC regulations (published pursuant to NCGS 143-215.63 et. seq.), the Water and Air Quality Reporting Acts, and to regulations published pursuant to Section 304(g), 33 USC 1314, of the Federal Water Pollution Control Act (as Amended), and 40 CFR 136; or in the case of sludge use or disposal, approved under 40 CFR 136, unless otherwise specified in 40 CFR 503, unless other test procedures have been specified in this permit [40 CFR 122.411. 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 Clean Water Act provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any monitoring device or method required to be maintained under this permit shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. If a conviction of a person is for a violation committed after a first conviction of such person under this paragraph, punishment is a fine of not more than $20,000 per day of violation, or by.imprisonment of not more than 4 years, or,both [40 CFR 122.41]. 6. Records Retention Except for records of monitoring information required by this permit related to the Permittee's sewage sludge use and disposal activities, which shall be retained for a period of at least five years (or longer as required by 40 CFR 503), the Permittee shall retain records of all monitoring information, including ➢ all calibration and maintenance records ➢ all original strip chart recordings for continuous monitoring instrumentation ➢ copies of all reports required by this permit ➢ copies of all data used to complete the application for this permit These records or copies shall be maintained for a period of at least 3 years from the date of the sample, measurement, report or application. This period may be extended by request of the Director at any time [40 CFR 122.41]. 7. Recording Results For each measurement or sample taken pursuant to the requirements of this permit, the Permittee shall record the following information [40 CFR 122.41]: a. The date, exact place, and time of sampling or measurements; b. The individual(s) who performed the sampling or measurements; c. The date(s) analyses were performed; d. The individual(s) who performed the analyses; Version 51112006 NPDES Permit Requirements Page 10 of 16 e. The analytical techniques or methods used; and f. The results of such analyses. S. Inspection and Entry The Permittee shall allow the Director, or an authorized representative (including an authorized contractor acting as a representative of the Director), upon the presentation of credentials and other documents as may be required by law, to; a. Enter upon the Permittee's premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of this permit; b. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this permit; c. Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this permit; and d. Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise authorized by the Clean Water Act, any substances or parameters at any location [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 122.41 (1) (2)]. 4. Transfers This permit is not transferable to any person except after notice to the Director. The Director may require modification or revocation and reissuance of the permit to document the change of ownership. Any such action may incorporate other requirements as may be necessary under the Clean Water Act [40 CFR 122.41 (1) (3)]. 5. Monitoring Reports Monitoring results shall be reported at the intervals specified elsewhere in this permit [40 CFR 122.41 (1) (4)]. a. Monitoring results must be reported on a Discharge Monitoring Report (DMR) (See Part II. D. 2) or forms provided by the Director for reporting results of monitoring of sludge use or disposal practices. b. If the Permittee monitors any pollutant more frequently than required by this permit, the results of such monitoring shall be included in the calculation and reporting of the data submitted on the DMR Version 51112006 NPDES Permit Requirements Page 11 of 16 6. Twenty-four Hour Reporting a. The Permittee shall report to the Director or the appropriate Regional Office any noncompliance that potentially threatens public health or the environment. Any information shall be provided orally within 24 hours from the time the Permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the Permittee becomes aware of 'the circumstances. The written submission shall contain a description of the noncompliance, and its cause; the period of noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance [40 CFR 122.41 (1) (6)]. b. The Director may waive the written report on a case -by -case basis for reports under this section if the oral report has been received within 24 hours. c. Occurrences outside normal business hours may also be reported to the Division's Emergency Response personnel at (800) 662-7956, (800) 858-0368 or (919) 733-3300. 7. Other Noncompliance The Permittee shall report all instances of noncompliance not reported under Part II. E. 5 and 6. of this permit at the time monitoring reports are submitted. The reports shall contain the information listed in Part II. E. 6. of this permit [40 CFR 122.41 (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 directly to receiving waters without treatment of all or any portion of the influent to such station or facility. Persons reporting such occurrences by telephone shall also file a written report within 5 days following first knowledge of the occurrence. 10. Availability of Reports Except for data determined to be confidential under NCGS 143-215.3 (a)(2) or Section 308 of the Federal Act, 33 USC 1318, all reports prepared in accordance with the terms shall be available for public inspection at the offices of the Division of Water Quality. As required by the Act, effluent data shall not be considered confidential. Knowingly making any false statement on any such report may result in the imposition of criminal penalties as provided for in NCGS 143-215.1(b)(2) or in Section 309 of the Federal Act. 11. Penalties for Falsification of Reports The Clean Water Act provides that any person who knowingly makes any false statement, representation, or certification in any record or other document submitted or required to be maintained under this permit, including monitoring reports or reports of compliance or noncompliance shall, upon conviction, be punished by a fine of Version 51112006 NPDES Permit Requirements Page 12of16 not more than $25,000 per violation, or by imprisonment for not more than two years per violation, or by both [40 CFR 122.41]. 12. Annual Performance Reports Permittees who own or operate facilities that collect or treat municipal or domestic waste shall provide an annual report to the Permit Issuing Authority and to the users/customers served by the Permittee (NCGS 143-215.1C). The report shall summarize the performance of the collection or treatment system, as well as the extent to which the facility was compliant with applicable Federal or State laws, regulations and rules pertaining to water quality. The report shall be provided no later than sixty days after the end of the calendar or fiscal year, depending upon which annual period is used for evaluation. PART III OTHER REQUIREMENTS Section A. Construction The Permittee shall not commence construction of wastewater treatment facilities, nor add to the 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 of the Division of Water Quality, conduct groundwater monitoring as may be required to determine the compliance of this NPDES permitted facility with the current groundwater standards. Section C. Changes in Discharges of Toxic Substances The Permittee shall notify the Permit Issuing Authority as soon as it knows or has reason to believe (40 CFR 122.42): a. That any activity has occurred or will occur which would result in the discharge, on a routine or frequent basis, of any toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels"; (1) One hundred micrograms per liter (100 µg/L); (2) Two hundred micrograms per liter (200 µg/L) for acrolein and acrylonitrile; five hundred micrograms per liter (500 µg/L) for 2.4-dinitrophenol and for 2-methyl-4.6-dinitrophenol; and one milligram per liter (1 mg/L) for antimony; (3) Five times the maximum concentration value reported for that pollutant in the permit application. b. That any activity has occurred or will occur which would result in any discharge, on a non -routine or infrequent basis, of a toxic pollutant which is .not limited.in the permit, if that discharge will exceed the highest of the following "notification levels"; (1) Five hundred micrograms per liter (500 µg/L); (2) One milligram per liter (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. 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 Version 51112006 NPDES Permit Requirements Page 13 of 16 adverse impacts to waters of the State. This permit cannot be rescinded while any activities requiring this permit continue at the permitted facility. PART IV SPECIAL CONDITIONS FOR MUNCIPAL FACILITIES Section A. Publicly Owned Treatment Works (POTWsI All POTWs must provide adequate notice to the Director of the following. 1. Any new introduction of pollutants into the POTW from an indirect discharger which would be subject to section 301 or 306 of CWA if it were directly discharging those pollutants; and 2. Any substantial change in the volume or character of pollutants being introduced by an indirect discharger as influent to that POTW at the time of issuance of the permit. 3. For purposes of this paragraph, adequate notice shall include information on (1) the quality and quantity of effluent introduced into the POTW, and (2) any anticipated impact of the change on the quantity or quality of effluent to be discharged from the POTW. Section B Municipal Control of Pollutants from Industrial Users. Effluent limitations are listed in Part I of this permit. Other pollutants attributable to inputs from industries using the municipal system may be present in the Permittee's discharge. At such time as sufficient information becomes available to establish limitations for such pollutants, this permit may be revised to specify effluent limitations for any or all of such other pollutants in accordance with best practicable technology or water quality standards. 2. Under no circumstances shall the Permittee allow introduction of the .following wastes in the waste treatment system: a. Pollutants which create a fire or explosion hazard in the POTW, including, but not limited to, wastestreams with a closed cup flashpoint of less than 140 degrees Fahrenheit or 60 degrees Centigrade using the test methods specified in 40 CFR 261.21; b. Pollutants which will cause corrosive structural damage to the POTW, but in no case Discharges with pH lower than 5.0, unless the works is specifically designed to accommodate such Discharges; C. Solid or viscous pollutants in amounts which will cause obstruction to the flow in the POTW resulting in Interference; d. Any pollutant, including oxygen demanding pollutants (BOD, etc.) released in a Discharge at a flow rate and/or pollutant concentration which will cause Interference with the POTW; e. Heat in amounts which will inhibit biological activity in the POTW resulting in Interference, but in no case heat in such quantities that the temperature at the POTW Treatment Plant exceeds 40°C (104°F) unless the Division, upon request of the POTW, approves alternate temperature limits; f. Petroleum oil, nonbiodegradable cutting oil, or products of mineral oil origin in amounts that will cause interference or pass through; g. Pollutants which result in the presence of toxic gases, vapors, or fumes within the POTW in a quantity that may cause acute worker health and safety problems; h. Any trucked or hauled pollutants, except at discharge points designated by the POTW. 3. With regard to the effluent requirements listed in Part I of this permit, it may be necessary for the Permittee to supplement the requirements of the Federal Pretreatment Standards (40 CFR, Part 403) to ensure compliance by the Permittee with all applicable effluent limitations. Such actions by the Permittee may be necessary regarding some or all of the industries discharging to the municipal system. 4. The Permittee shall require any industrial discharges sending influent to the permitted system to meet Federal Pretreatment Standards promulgated in response to Section 307(b) of the Act. Prior to accepting wastewater from any significant industrial user, the Permittee shall either develop and submit to the Version 51112006 NPDES Permit Requirements Page 14 of 16 Division a Pretreatment Program for approval per 15A NCAC 2H .0907(a) or modify an existing Pretreatment Program per 15A NCAC 2H .0907(b). 5. This permit shall be modified, or alternatively, revoked and reissued, to incorporate or modify an approved POTW Pretreatment Program or to include a compliance schedule for the development of a POTW Pretreatment Program as required under Section 402(b)(8) of the Clean Water Act and implementing regulations or by the requirements of the approved State pretreatment program, as appropriate. Section C. Pretreatment Programs Under authority of sections 307(b) and (c) and 402(b)(8) of the Clean Water Act and implementing regulations 40 CFR Part 403, North Carolina General Statute 143-215.3 (14) and implementing regulations 15A NCAC 2H .0900, and in accordance with the approved pretreatment program, all provisions and regulations contained and referenced in the Pretreatment Program Submittal are an enforceable part of this permit. The Permittee shall operate its -approved pretreatment program in accordance with Section 402(b)(8) of the Clean Water Act, the Federal Pretreatment Regulations 40 CFR Part 403, the State Pretreatment Regulations 15A NCAC 2H .0900, and the legal authorities, policies, procedures, and financial provisions contained in its pretreatment program submission and Division approved modifications there of. Such operation shall include but is not limited to the implementation of the following conditions and requirements: Sewer Use Ordinance (SUO) The Permittee shall maintain adequate legal authority to implement its approved pretreatment program. 2. Industrial Waste Surv.gy UW� Sl The Permittee shall update its Industrial Waste Survey (IWS) to include all users of the sewer collection system at least once every five years. 3. Monitoring Plan The Permittee shall implement a Division approved Monitoring Plan for the collection of facility specific data to be used in a wastewater treatment plant Headworks Analysis (HWA) for the development of specific pretreatment local limits. Effluent data from the Plan shall be reported on the DMRs (as required by Part II, Section D, and Section E.S.). 4. Headworks Analysis (HWA) and Local Limits The Permittee shall obtain Division approval of a Headworks Analysis (HWA) at least once every five years, and as required by the Division. Within 180 days of the effective date of this permit (or any subsequent permit modification) the Permittee shall submit to the Division a written technical evaluation of the need to revise local limits (i.e., an updated HWA or documentation of why one is not needed) [40 CFR 122.44]. 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 ajo & Allocation Tables In accordance with NCGS 143-215.1, the Permittee shall issue to all significant industrial users, permits for operation of pretreatment equipment and discharge to the Permittee's treatment works. These permits shall contain limitations, sampling protocols, reporting requirements, appropriate standard and special conditions, and compliance schedules as necessary for the installation of treatment and control technologies to assure that their wastewater discharge will meet all applicable pretreatment standards and requirements. The Permittee shall maintain a current Allocation Table (AT) which summarizes the results of the Headworks Analysis (HWA) and the limits from all Industrial User Pretreatment Permits (IUP). Permitted IUP loadings for each parameter cannot exceed the treatment capacity of the POTW as determined by the HWA. - . Version 51112006 NPDES Permit Requirements Page 15 of 16 6. Authorization to Construct (A to Q The Permittee shall ensure that an Authorization to Construct permit (AtC) is issued to all applicable industrial users for the construction or modification of any pretreatment facility. Prior to the issuance of an AtC, the proposed pretreatment facility and treatment process must be evaluated for its capacity to comply with all Industrial User Pretreatment Permit (IUP) limitations. 7. POTW Inspection & Monitoring of their SIUs . The Permittee shall conduct inspection, surveillance, and monitoring activities as described in its Division approved pretreatment program in order to determine, independent of information supplied by industrial users, compliance with applicable pretreatment standards. The Permittee must: a. Inspect all Significant Industrial Users (SIUs) at least once per calendar year, and b. Sample all Significant Industrial Users (SIUs) at least twice per calendar year for all permit - limited pollutants, once during the period from January 1 through June 30 and once during the period from July 1 through December 31, except for organic compounds which shall be sampled once per calendar year, 8. ' SILT Self Monitoring and Reporting The Permittee shall require all industrial users to comply with the applicable monitoring and reporting requirements outlined in the Division approved pretreatment program, the industry's pretreatment permit, or in 15A NCAC 2H .0908. 9. Enforcement Response Plan (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. 10. Pretreatment Annual Reports (PAR) The Permittee shall report to the Division in accordance with 15A NCAC 2H .0908. In lieu of submitting annual reports, Modified Pretreatment Programs developed under 15A NCAC 2H .0904 (b) may be required to meet with Division personnel periodically to discuss enforcement of pretreatment requirements and other pretreatment implementation issues. For all other active pretreatment programs, the Permittee shall submit two copies of a Pretreatment Annual Report (PAR) describing its pretreatment activities over the previous twelve months to the Division at the following address: NC DENR / DWQ / Pretreatment Unit 1617 Mail Service Center Raleigh, NC 27699-1617 These reports shall be submitted according to a schedule established by the Director and shall contain the following. a.) Narrative A brief discussion of reasons for, status of, and actions taken for all Significant Industrial Users (SIUs) in Significant Non -Compliance (SNC); b.) Pretreatment Program Summer XPSI 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 SFl Version &20/2003 NPDES Pe=oit Requirements ' Page 16 of 16 Monitoring data from samples collected by both the POTW and the Significant Industrial User (SILT). These analytical results must be reported on Industrial Data Summary Forms JDSF) or other specific format approved by the Division; e.) Other Information Copies of the POTW's allocation table, new or modified enforcement. compliance schedules, public notice of SIUs in SNC, and any other information, upon request, which in the opinion of the Director is needed to determine compliance with the pretreatment implementation requirements of this permit; 11. Public Notice The Permittee shall publish annually a list of Significant Industrial Users (SIUs) that were in Significant Non -Compliance (SNC) as defined in the Permittee's Division approved Sewer Use Ordinance with applicable pretreatment requirements and standards during the previous twelve month period This list shall be published witbin four months of the applicable twelve-month period. 12. Record Keeping The Permittee shall retain for a minimum of three years records of monitoring activities and results, along with support information including general records, water quality records, and records of industrial impact on the POTW. 13. Funding and Financial Report The Permittee shall maintain adequate funding and staffing levels to accomplish the objectives of its approved pretreatment program. 14. Modification to Pretreatment Programs Modifications to the approved pretreatment program including but not limited to local limits modifications, POTW monitoring of their Significant Industrial Users (SIUs), and Monitoring Plan modifications, shall be considered a permit modification and shall be governed by 15 NCAC 2H .0114 and 15A NCAC 2H .0907. Version &20/2003 PIMA NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Governor Director October 27, 2010 WalterT. McGee, President Biltmore Investments, LTD PO Box 745 Hendersonville, North Carolina 28739 Subject: Draft NPDES Permit Permit No. N00076082 Bear Wallow Valley MHP WWTP Henderson County Dear Mr. McGee: 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 following procedure has been recently implemented by DWQ: Total residual chlorine (TRC) compliance level changed to 50ug/L. Effective March 1, 2008, the Division received EPA approval to allow 50 ug/L TRC compliance level. A footnote regarding this change has been added to the effluent limitations page in the draft permit. This draft permit contains the following changes from your existing permit: • Footnote #2 has been added: "The facility shall report all effluent TRC values reported by a NC certified laboratory including field certified. However, effluent values below 50 ug/I will be treated as zero for compliance purposes." • The Pre -chlorination sampling event has been deleted, per your written request and a data review of sampling events (TRC and Fecal Coliform) for the past five years. Concurrent with this transmittal, the Division will solicit public comment on this draft as required by the EPA by publishing a notice in newspapers having circulation in the general Henderson County area. Following the 30-day public comment period, the Division will review all pertinent comments and take appropriate action prior to issuing a final NPDES permit. Should you wish to correct errors or provide comments regarding this draft please contact the DENR / DWQ / NPDES Program no later than 30 days after receiving this document. If you have questions concerning the draft permit for your facility, please contact me by e-mail (bob.guerra(@ncdenr.gov) or at (919) 807-6387. Respec Bob Guerra NPDES Unit, Compliance & Expedited Permits Unit Enclosure: NPDES Permit NCO076082 (DRAFT) cc: Kevin C. White, ORC Whitewater Environmental, LLC 417 CC Lovelace Road Rutherfordton, NC 28139-8345 Pam Myers, EPA Region 4 (myers.pamalata'�.epa.gov) NPDES Unit Asheville Regional Office / Surface Water Protection (Roger.edwards(&_ncdenr.gov) (ecopy) Technical and Assistance Certification Unit — James Pugh (iames.pugh(@ncednrgov) (ecopy) 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 Phone: 919-807-63871 FAX 919-807-64951 Customer Service: 1-877-623-6748 Internet: http://portal.ncdonr.org/web/wgihome An Equal Opportunity 1 Affirmative Action Employer One NorthCarolina Nqua� Permit NCO076082 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, ie to receiving waters designated as an Unnamed Tributary to Clear 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 xxxx, xx 2010. This permit and authorization to discharge shall expire at midnight on November 30, 2015. Signed this day xxxx, xx 2010. DRAFT Coleen H. Sullins, Director Division of Water Quality By Authority of the Environmental Management Commission Permit NCO076082 SUPPLEMENT TO PERMIT COVER SHEET All previous NPDES Permits issued to this facility, whether for operation or discharge, are hereby superseded and, as of this issuance, any previously issued permit describing this treatment facility or 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 described herein. 1. Biltmore Investments, LTD is hereby authorized.to: Continue to operate an existing 0.010 MGD extended aeration wastewater treatment plant consisting of the following treatment components: ♦ Influent lift station ♦ Two (2- 21 GPM) submersible air pumps ♦ Flow splitter box ♦ Flow equalization basin(4,100 gallon) ♦ Dual aeration basins (5,000 gallons each) ♦ Air.diffuser iping ♦ Dual clarifiers'Y ,20 gallons etch) ♦ Tablet nation ♦ Chlorin cont ct� h m er (1, 31 gallo s) ♦ Tablet echlo 'n ion ♦ Aero is digest r ( 062 s) ♦ Slud je oldin to k ♦ Efflu nt weir n 2. This fa ility is foca ed tt �he Bar ;WJall�w Val Wallow Road in nder o Cou tv. \ / Home 5 Bear 3. Discharge from said treatment works at the location specified on the attached map into an Unnamed tributary to Clear Creek, classified B-Trout waters in the French Broad River Basin. Biltmore Investments, LTD Bear Wallow Valley MBIP WWTF Latitude: 35° 24' 50" N State Grid: Bat Cave Longitude: 82° 21' 35" W Permitted Flow: 0.010 MGD Receiving Stream: UT to Clear Creek Stream Class: B - Trout Drainage Basin: French Broad River Basin Sub -Basin: 04-03-02 06010105 Facility Location ' not to scale North NPDES Permit No. NCO076082 Henderson County Permit NCO076082 A. (1.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS During the period beginning on the effective date of this permit and lasting until expiration, the Permittee is authorized to discharge from outfall 001. Such discharges shall be limited and monitored by the Permittee as specified below: 2R � �¢��y� �x' �91 SGli G� S Y Y _ ; �y¢ t �Cx 4hk t..}rCl�i e:} �T Ide 4 8R. �""��d,� �i f ��d'41- �Z, s;•�"'e.,iY.�k yh2.,�F�i�{`.k`,�t � Y y� �'�SL aa.Y{ �{. d +�ij }w`%� b yiE�.W�� .fR tr ��^.*�'¢"� 1 a3' �?:y'v�5'Y, ��}+�ik- 4 f ��-� ' {'�#�^ �' � �ri>�,��,e+�t�k �}K,,,c /mirZ� �r 'Jd'���_k��� ��t: @,J;ier��fr..�4ya•� ��'.gt" «5,•��."S','� r,-t �F �P`�t.•8"�"` f f�id. !1, "s�� Y���y�!'�� /�,_�. .�; s: 3• � .. L.. Y>':...� ';¢.p S4�*$:�?� ,...Y-i` hiLh, r:... 'S ...S,�Pc!v-, 7.�t? `+fie_ �-` :� �#'«:": ./} � ._, i'u� +.�% .r �e:..£.��'� tf,l ,�. hhk5.r iit ;tea_'-'F`?5,La'�. s` 50050 - Flow 0.010 MGD Weekly Instantaneous Influent or Effluent 50060 - Total Residual Chlorine 28 µg/L 2/Week Grab Effluent 00010 - Temperature (°C) Weekly Grab Effluent, 00400 - pH Between 6.0 - 9.0 s.u. Weekly Grab Effluent 00310 - BOD, 5-day (20°C) 30.0 mg/L 45.0 mg/L Weekly Grab Effluent 00530 - Total Suspended Solids 30.0 mg/L 45.0 mg/L Weekly Grab Effluent 31616 - Fecal Coliform 200/100 ml 400/100 ml Weekly Grab Effluent (geometric mean) 00610 - NH3 as N (April 1 -October 31) 8.0 mg/L 35.0 mg/L Weekly Grab Effluent 00610 - NH3 as N (November 1 - March 31) 2/Month Grab Effluent Footnotes: 1. The Divisi n skull topsider aleffluent-TRp values re d below irrcornptia th the permit. Ho ever, thermitt e shall continue to reco d a d submit all values rep rted by a Nort . Carolina certified laboratory (including field certified), `seven if ese lues fal below 50 u A.. There shall b a no d'schar je f Zoa ingi solid o ;vi�ible fc arn in other than trace amounts. DENR/DWQ FACT SHEET FOR NPDES PERMIT DEVELOPMENT NPDES No. NCO076082 x-g.Y.... r !A licarit/Facill' iNaira Bear Wallow Valley MHP WWTP PO Box 745, Hendersonville, NC 28739 'l=actlti` Address;_: 1975 Bear Wallow Road, Hendersonville, NC 28739 f?drmlt#ed Fioc "'f, ,.. .: 0.010 MGD a �fl/yaste y_ Domestic • , F1Permttstatus Class II /Active- Renewal :r S. Henderson Count UT to Clear Creek Vie' `ionlalce.,.._; As ARO S#rarrr'lassiicattora ` c, B -Trout Mate Grid°%LiSGS Bat Cave h do r Y 31 q d .,5_.-r> No ?P'etrntfilNrtter Bob Guerra [ 5 ^3'"r s P }5 S+] '; X z 04-03-02 Ctte,4}`apf.a.sp '.r `.-.....: �.'. d.',-:..• October 27, 2010,Sh ...; wsf.m , Dratnaga,gTea frOtZ)'y 0.45 v?0 ifs0.19 Avery a 1=fo ;ifs ``„ 0.76 � ' i � � `' Lat. 350 24' 50" N Long. 820 21' 35" W BACKGROUND The Biltmore Investments, LTD has requested renewal of its NPDES permit NCO076082 for the Bear Wallow Valley Mobile Home Park (MHP) WWTP which has a design flow of 0.01 MGD. This permit was originally issued in 1989. During permit cycle 2006-2010 a signed Authorization to construct (ATC) was received by DWQ On April 4, 2007 for an EQ basin, pumps, splitter box and electrical controls. RECEIVING STREAM INFORMATION The WWTP discharges to an Unnamed Tributary to Clear Creek, class B-Trout water, in the French Broad River Basin. The facility treats domestic waste only and has no industrial dischargers. Although this particular segment of Clear Creek is not impaired, both an upstream segment and a downstream segment are impaired for biological integrity with a possible source being agricultural activities. PERMIT LIMIT COMPLIANCE Since the permit was renewed in 2006, the facility has received one (1) enforcement action for an April 2006 Monthly ammonia violation and has paid the $350.00 penalty. INSPECTION / CORRESPONDENCE FILES (2006-2010) The ARO has conducted four (4.) Inspections and three (3) follow-up inspections during this permit cycle with no reported compliance issues. Facility appeared to be very well operated and maintained during 11-30-2010 inspection. INSTREAM MONITORING: Not required for this facility at this time. Fact Sheet NPDES NCO076082 Renewal Page 1 DMR DATA (2006-2010) DMR data from January 2006 through July 2010 was reviewed. Monthly and daily averages for conventional parameters are summarized below. Effluent Characteristics Monthly Average Daily Average Flow 0.007 MGD BOD, 5-day, 200 C 0.207 m /I 2.584 m /I Total Suspended Solids 1.897 m /I 3.676 m /I NH3 as N 1.464 m /I 2.449 m /I Fecal Coliform 1.0 / 100ml 3.098 / 100 ml Total Residual Chlorine 23.590 u /I This facility also collects data for temperature and pH. SUMMARY OF PROPOSED CHANGES ORC requested that Pre -chlorination sampling be deleted from permit. ORC provided Pre - chlorination data for past 5 years indicating TRC levels of 1.1 mg/L from Pre Chlorination sampling events. BIMS data base review (past five years) reflected TRC values below permit limit as well as Fecal Coliform values. The pre -chlorination sampling event will be deleted from this permit renewal. PROPOSED SCHEDULE FOR PERMIT ISSUANCE Draft Permit to. Public Notice: October 27, 2010 Permit Scheduled to Issue: December 27, 2010 NPDES DIVISION CONTACT If you have questions regarding any of the above information or on the attached permit, please contact Bob Guerra at (919) 807-6387 or by email at bob.guerraCa)_ncdenr.gov. Regional Office Comments NAME: DATE: Fact Sheet NPDES NCO076082 Renewal Page 2 NCDENR North Carolina Department of Environment and Natura Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Governor Director April 12, 2010 KEVIN C WHITE ORC WHITEWATER ENVIRONMENTAL LLC 417 C C LOVELACE ROAD RUTHERFORDTON NC 28139-8345 Resources Dee Freeman Secretary Subject: Receipt of permit renewal application NPDES Permit NCO076082 Bear Wallow Valley MHP WWTP Henderson County Dear Mr. White: The NPDES Unit received your permit renewal application on April 1, 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 Jeff Poupart at (919) 807-6309. Sincerely, � �jEq"Z I Dina Sprinkle Point Source Branch cc: CENTRAL FILES Asf e'v,'i i MR gio�n- L'-W,ff�/Surface Water Protection NPDES Unit 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Location: 512 N. Salisbury St, Raleigh, North Carolina 27604 One Phone: 919-807-6300 \ FAX: 919-807-6492 \ Customer Service: 1-877-623-6748 NorthCarolina Internet: www.ncwaterquality.org �'j�®/� An Equal Opportunity '.Affirmative Action Employer 6/ b��s�� `j 417 C.C. Lovelace Rd. Rutherfordton, N.C..28139-8345 • 828-289-2165 • khitewater@bellsouth.net Ms. Sprinkle: Please find the enclosed NPDES renewal application for Bear Wallow Valley MHP permit # NC0076082. We are requesting that the current permit, which expires on November 30, 2010, will be taken into consideration for renewal. The facility was granted an Authorization to Construct, # 076082A01, for a 4,100 gallon flow equalization basin on March 12, 2007 and was certified to begin operation by J. Thurman Horne of Horizon Engineering & Consulting, Inc. on January 26, 2008. 1 have attached a copy of the engineer's certification letter. This was the only change to the Wastewater Treatment Facility since the renewal of the last permit. The current permit has a footnote stating that during recreational season, (May 1 — Sept. 30), one total residual chlorine sample must be taken on either Friday afternoon or Saturday morning. The sample should be taken above the point of dechlorination. This footnote was placed in the permit due to a concern by a resident in the area. The past laboratory results indicate that all fecal Coliform results were well below parameter limits and during routine sampling, a total residual chlorine sample is taken above the point of dechlorination for process control. I would like to respectfully request that this footnote be removed from the new permit, if possible. Please contact me if you have any questions regarding this renewal package. Sin rely, Kevin C. White Whitewater Environmental, LLC 417 C.C. Lovelace Rd. Rutherfordton, N.C. 28139-8345 828.289.2165 kwhitewater@bellsouth.net 13 2010 Lai WATER Q:JALITY SECTIOFI yP,SIiEL ILLS RF: IC 4i.L. OFFICE j4PDESt APPLICATION - FORM D For privately owned treatment systems treating 100% domestic wastewaters <1.0 MGD 4. Description of wastewater: Facility Generating Wastewater(check all that applyr Industrial ❑ Number of Employees Commercial ❑ Number of Employees Residential ® Number of Homes 49 School ❑ Number of Students/Staff Other ❑ Explain: Describe the source(s) of wastewater (example: subdivision, mobile home park, shopping centers, restaurants, etc.): Mobile Home Park Population served: 124 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�. Unnamed tributary to Clear Creek 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. Facility is an extended aeration treatment process and consists of: 1 Influent Lift Station (550 gals.), 1 Flow Equalization Basin (4,100 gals.), 1 Splitter Box (2'W x 2% x VD), Dual Aeration Basins (5,000 gals. Each), Dual Clarifiers (5,200 gals. Each), 1 Chlorine Contact Chamber (1,031 gals.), 1 DeChlorination Box, ISludge Holding Aerobic Digester (2,062 gals.). Chlorine and DeChlorination units are tablet fed. Facility is designed for 85% removal. The Equalization basin was added in 2007 through an approved Authorization to Construct. 2 of 3 Form-D 1/06 jdPDES APPLICATION - FORM D For privately owned treatment systems treating 100% domestic wastewaters <1.0 MGD 10. Flow Information: Treatment Plant Design flow 0.010 MGD Annual Average daily flow 0.0076 MGD (for the previous 3 years) Maximum daily flow .013 MGD (for the previous 3 years) 11. Is this facility located on Indian country? ❑ Yes ® No 12. Effluent Data Provide data for the parameters listed. Fecal Coliform, Temperature and pH shall be grab samples, for all other parameters 24-hour composite sampling shall be used. Effluent testing data must be based on at least three samples and must be no more than four and one half years old. Parameter Daily Maximum Monthly Average Units of Measurement Number of Samples Biochemical Oxygen Demand (BOD5) 19.0 2.4 mg/L Past 3 years. Fecal Coliform 4 1 col/ 100ml Past 3 years. Total Suspended Solids 16.0 3.5 mg/L Past 3 years. Temperature (Summer) 27 22 Degrees Celsius Past 3 years. Temperature (Winter) 18 13 Degrees Celsius Past 3 years. pH 7.2 N/A S.U. Past 3 years. 13. List all permits, construction approvals and/or applications: Type Permit Number Type Hazardous Waste (RCRA) UIC (SDWA) NPDES PSD (CAA) Non -attainment program (CAA) NCO076082 14. APPLICANT CERTIFICATION NESHAPS (CAA) Ocean Dumping (MPRSA) Dredge or fill (Section 404 or CWA) Special Order of Consent (SOC) Other Permit Number I certify that I am familiar with the information contained in the application and that to the best of my knowledge and belief such information is true, complete, and accurate. Kevin C. White ORC Printed name of Person Sianing Title Applicant Date North Carolina General Statute 143-215.6 (b)(2) states: Any person who knowingly makes any false statement representation, or certification in any application, record, report, plan, or other document files or required to be maintained under Article 21 or regulations of the Environmental Management Commission implementing that Article, or who falsifies, tampers with, or knowingly renders inaccurate any recording or monitoring device or method required to be operated or maintained under Article 21 or regulations of the Environmental Management Commission implementing that Article, shall be guilty of a misdemeanor punishable by a fine not to exceed $25,000, or by imprisonment not to exceed six months, or by both. (18 U.S.C. Section 1001 provides a punishment by a fine of not more than $25,000 or imprisonment not more than 5 years, or both, for a similar offense.) 3 of 3 Form-D 1/06 SOLIDS HANDLING AND DISPOSAL FOR BEAR WALLOW VALLEY MHP ALL SOLIDS THAT ARE GENERATED AT THE BEAR WALLOW VALLEY MHP WASTEWATER TREATMENT FACILITY ARE WASTED AND STORED IN THE AEROBIC DIGESTER (2,062 GALLON CAPACITY). SUPERNATE IS THEN PUMPED TO THE EQ BASIN AND THE PROCESS IS REPEATED UNTIL THE DIGESTER IS FULL. THE WASTED SOLIDS ARE THEN PUMPED BY A CONTRACTED SLUDGE HAULING TRUCK (MIKE' S SEPTIC) AND THEN DISPOSED OF AT AN APPROVED DUMP SITE. Mr. Walter T. McGee, President Biltmore Investments, Ltd. Post Office Box 745 Hendersonville, North Carolina 28793 Dear Mr. McGee: 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 April 24, 2007 - -- r, I� WATER QUA! I l Y -';TI N ASHEVILLFE SUBJECT: Biltmore Investments, Ltd. A to C No. 076082A01 Transmittal of Approved Plans and Specifications Bear Wallow Subdivision WWTP Enclosed is a copy of the plans and specifications, which were approved on March 12, 2007. The subject documents have been stamped "approved" for your records. A copy is also being forwarded to your engineer and to the Asheville Regional Office. The Permittee should retain these documents for the life of the facility. Should you have questions regarding this matter, call me at (919) 715-6203. BSR : cgm Enclosures cc: Sincerely, U Cecil G. Madden, Jr., P.E. Supervisor Design Management Unit J. Thurman Horne, P.E., Horizon Engineering & Consulting, Inc. LNVI& AVShU-1011llea �ff'iolayll fi Daniel Blaisdell, P.E. Cecil G. Madden, Jr., P.E. Seth Robertson, P.E. ATC File Construction Grants and Loans Section 1633 Mail Service Center Raleigh NC 27699-1633 Phone: 919-733-6900 / FAX: 919-715-6229 / Internet: www.nccgi.net ������]� EAPR 2007 I WATER QUALITY SECTION A., F i iai nnnnrhtnity/Affirmative Action Employer — 50% Recycled/10% Post Consumer Paper NorthCar®lina Naturally FINAL SPECIFICATIONS - NOT RELEASED FOR CONSTRUCTION Bear Wallow Subdivision Henderson County, N.C. Wastewater Flow Equalization Facilities Construction Documents and Specifications e? r, ggz UiATE - —X-C Prepared by: J. Thurman Horne, P.E. Horizon Engineering & Consulting, Inc. 2510 Walker Road Mt. Pleasant, N.C. 28124 Phone: (704) 788 - 4455 Date: October 31, 2006 h] Table of Contents Introduction Regulations Scope of Work Special Provisions Materials Specifications Section - I Site Work MS - 1 Site Clearing Section - II Concrete MS - 12 Concrete MS - 13 Deleted MS - 14 Reinforcing Steel Section - III Flow Equalization Equipment MS -16 General Requirements Section - IV Sanitary Sewer MS - 32 General Requirements MS - 33 Ductile Iron Pipe and Fittings MS - 34 Polyvinyl Chloride Sewer Pipe MS - 35 Deleted MS - 36 Deleted MS - 37 Deleted MS - 38 Sewer Installation Appendix A Manufacturer Specifications and Installation Requirements Appendix B Design Basis INTRODUCTION Biltmore Investments, Ltd. operates an existing wastewater treatment facility in Henderson County, N.C. which provides service for Bear Wallow Subdivision. Bear Wallow is an existing mobile home park. This application is for a proposed flow equalization basin to be added at the existing 10,000 gpd package WWTP. The wastewater is all domestic from a mobile home park. At present, influent is pumped from a lift station directly into the WWTP. This proposal is to add a circular concrete flow equalization basin with an available equalization volume of approx. 4,100 gallons. This will receive the raw wastewater from the existing lift station which will pass through a proposed simple bar screen ( 1/2" dia. bars @ 2" O.C.) The Flow equalization basin pumps will lift the equalized flow up into the existing WWTP aeration basins. At 10,000 gpd, the average flow rate should be about 6.9 gpm. This would be close to the ideal, continuous pump rate for the equalization basin pumps. Using a peaking factor of 3.0, the design peak flow rate is 20.8 gpm. This will be a duplex pump installation and will have a control panel and floats (4) for HOA operation, alternating pumps, audible and visual alarm.. The proposed addition of the flow equalization basin will not alter the existing wastewater treatment facilities. All existing facilities will remain in service. The proposed flow equalization facilities will serve to equalize the flows influent to the existing wastewater treatment facilities by dampening the surges in flow that now occur from the existing lift station. A proposed flow splitter box will receive flow from the proposed flow equalization basin pumps and will allow the rate of flow from the equalization basin to be adjusted and divided between the existing dual aeration basins as desired. With this installation, the operator should be able to utilize the proposed equalization basin to receive and dampen the recurring surges in flow now being experienced from the influent lift station and control the rate of flow from the equalization basin to a much more uniform rate of delivery, equalized over the course of the entire day. The facilities will also include a simple bar screen for removing large solids. This screening is currently lacking in the existing wastewater treatment facilities. End of Section SCOPE OF WORK SW- 1.00 DESCRIPTION OF WORK The intent of these contract documents and accompanying plans is to have constructed and placed into operation, flow equalization facilities, flow splitter box, bar screening facilities and appurtenances at the Bear Wallow Subdivision, Wastewater Treatment Plant. Provide and install all flow equalization system components, including concrete tank, bar screen, flow splitter box, pumps, controls and appurtenances and as described in the specifications herein. 2. Construct all modifications as depicted on the plans and as described in the specifications herein. Provide and install all piping and appurtenances depicted on the plans and as described in the specifications herein. SW-1.02 EROSION CONTROL The construction shall be initiated and shall at all times be in such a manner to concur with the erosion and sedimentation control requirements of the North Carolina Administrative Code, Title 15, Chapter 4, promulgated pursuant to the provisions of the Sedimentation Pollution Control act of 1973 (North Carolina General Statutes, Chapter 113A, Article 4, as amended January 1, 1978.) SW-1.03 EXISTING OPERATIONS Operation of the existing wastewater treatment facilities shall be maintained uninterrupted and unimpeded at all times during the construction activities. End of Section MATERIALS SPECIFICATIONS SECTION III —FLOW EQUALIZATION EQUIPMENT MS — 16- GENERAL REQUIREMENTS PART 1 - GENERAL MS-16.01 DESCRIPTION A. Scope: Furnish all labor, materials, equipment and appurtenances required to furnish, install and test a flow equalization system, including all accessories and appurtenances as shown on the drawings and as specified in these contract documents. MS-16.02 COORDINATION: The general contractor shall have the following responsibilities to perform the tasks indicated as described in these specifications, as depicted on the plans and as necessary to install a properly flow equalization system in accordance with the all manufacturer recommendations and the intent of these documents: A. Installation of flow equalization system consisting of a concrete equalization basin, dual pumps with controls, bar screen and splitter box in location and manner depicted on plans. B. Removal of sufficient existing piping to allow installation of all necessary equipment. C. Connection of the existing influent force main to the inlet of the proposed flow equalization basin. Construction and installation of a bar screen inside the flow equalization basin in a manner to route passage of all influent from the existing force main, through the bar screen and into the proposed equalization basin. Installation of the bar screen must be such as to allow for easy access for cleaning and maintenance from the top of the proposed equalization tank by reaching a rake through the proposed access hatch and without the need to enter the equalization basin. Connection of the outlets from the proposed flow equlization pumps to the inlet of the proposed flow splitter box. Connection of the overflow from the proposed flow splitter box to return to the proposed flow equalization basin. Connection of the dual outlets from the proposed flow splitter box such that the equally divided flow will be delivered to each of the two existing aeration basins. Provision of overflow pipes for the purpose of returning excess water levels from the existing aeration basins, back to the proposed flow equalization basins. D. Restoration of adjoining areas disturbed during construction to their original form and condition. MS-16.03 FLOW EQUALIZATION PUMP SYSTEM There shall be duplex submersible pumps, each capable of pumping at a rate of 20.8 gpm at 18 ft. TDH. Pumps shall be Barnes 3SE524DS, double sealed, 1/2 HP, 240 VAC, single phase, 1750 RPM, submersible non -clog sewage solids handling pumps or approved equal. The function of the flow equalization pumps shall be to regulate the excess flows accumulated in the equalization basin before entering the aeration basins. The equalization pumps will be set to automatically pump after sufficient peak flows have been collected in the flow equalization basin. The collected peak flows shall be pumped up into the splitter box which shall divide the desired amounts of flow equally to the two aeration basins and return the excess flow back to the equalization basin. The Contractor shall demonstrate the operation of the pumps and shall remove and reinstall the pumps in the presence of the Engineer to demonstrate that the installation allows for easy disconnect and removal for servicing. The pump controls and control enclosure shall be as described under the specifications titled FLOW EQUALIZATIONCONTROL CENTER. MS-16.04 FLOW EQUALIZATIONCONTROL CENTER: To provide the necessary electrical controls for operation of the flow equalization pumps, there shall be provided an electrical control center. The control center shall be mounted within a fiberglass weatherproof NEMA 4X enclosure or approved equal. A 110 volt convenience outlet shall be provided on the exterior of the panel. The control panel must be equipped with an external audible and visual alarm that will activate upon a high water alarm condition and deactivate upon return to normal water levels. The panel must also have a manual reset button for the audible and visual alarms. The controls for the pumps shall contain the following: main disconnect circuit breaker for each motor, short circuit and over current protection, HOA switches, magnetic starters, electric alternator, control fuses, relays, alarm light, remote alarm contacts, elapsed time meters, and all other necessary parts to make a complete operating control system. The controls shall be mounted on a removable subpanel within the enclosure and shall be wired and spaced in accordance with the latest National Electrical Code requirements. The control panel shall be UL approved as a unit. Remote alarm contacts shall be provided in the control panel to sense a pump alarm condition (high water alarm and seal failure.) The controls for the pump operation shall consist of four (4) float switches mounted in the proposed flow equalization basin in a manner to be accessible and moveable from the access hatch opening without the need to enter the equalization basin. The controls must be located in a position not to cause or be interferred by operation of the equlization pumps and/or the influent bar screen. The function of each float shall be as follows: (1) Switch all pumps off (2) Switch lead pump on (3) Switch both pumps on (4) Activate high water alarms. MS-16.05 INSTALLATION: In accordance with the plans, shop drawings and manufacturer's instructions. End of Section MS-32-1 MATERIALS SPECIFICATIONS SECTION IV — SANITARY SEWER MS-32 — GENERAL REQUIREMENTS MS-32.01 DESCRIPTION OF WORK The work shall be all sewer gravity piping and sewer force main piping shown on the Contract Drawings, inside, outside, and an integral part of structures; to the Contract limits, including connecting to facilities that may exist at the time of construction. The Contractor shall furnish all labor, materials, tools, equipment and all else required for and to construct the sewer piping complete, tested and placed into satisfactory operation and in accordance with the Contract Drawings,. these Specifications, and the Engineers' requirements under them. The Contractor shall be responsible for furnishing details which are required, but not necessary shown on the Contract Drawings, for the proper construction and/or installation of the sewer piping as required by the Engineer. All materials, apparatus, supplies, etc., used in the construction, erection and/or installation of the project, the methods of manufacture and/or construction, and the methods of handling, placing, erecting and/or installing said materials, etc., shall conform to the following piping specifications. These material specifications apply to all items of the project wherein such materials, etc., are to be incorporated, unless otherwise specifically noted. Special materials, special methods of manufacture and/or construction and special methods of handling, placing, erection and/or installation shall conform to the requirements noted in the detailed gravity piping specifications applying to the various items of the project. `The Contractor shall submit as a part of laying schedule and shop drawings, details for connecting and making the transition between different types of pipe. MS-32.02 EXISTING UTILITY SERVICES Existing buried telephone cables and/or lines shall be field located prior to construction by the Contractor. The telephone company will assist the Contractor in such location work. The Contractor shall be responsible for repairing, or causing to be repaired, any overhead and/or buried telephone lines, which he might damage, without additional cost to the Owner. Existing gas mains and/or service lines shall be field located by the Contractor prior to construction. The gas company will assist the Contractor in such location work. The Contractor shall be responsible for repairing, or causing to be repaired, any gas main or service, which he might damage., without additional cost to the Owner. MS-32-2 Existing water mains and/or service lines, sanitary sewer mains, manholes, storm sewers, etc., shall be field located by the Contractor prior to construction. The Owner will assist the Contractor in such location work. The Contractor shall be responsible for repairing, or causing to be repaired, any water.main or service, which he might damage, without additional cost to the Owner. Existing oil transmission lines and/or service lines shall be field located by the Contractor prior to construction. The oil company will assist the Contractor in.such location work. The Contractor shall be responsible for repairing, or causing to be repaired, any oil transmission line and/or service which he might damage, at no additional cost to the Owner. MS-32.03 EXISTING RIGHTS -OF -WAY MARKERS AND PROPERTY IRONS The Contractor shall employ a registered surveyor to relocate and rights -of -way markers and/or property irons that may be disturbed during construction operations. The surveyor shall set reference points outside the construction limits before construction begins. Using these reference points, the surveyor shall relocate and reset the rights -of -way markers and property irons at the completion of the project. END OF SECTION E. Bear Wallow Subdivision WWTP Proposed Flow Equalization Facilities Basis of Design: 10,000 GPD Design Flow A. Development Description: Service Area Bear Wallow Subdivision Location North Carolina Type of Useage Single Family Residential Type of Waste 100% Domestic Status Existing Development B. Existing Wastewater Treatment: Type NPDES No. Receiving Stream Stream Classification Owner Permit Expiration 0.010 MGD Activated Sludge WWTP NCO076082 Unnamed tributary to Clear Creek B-Trout Biltmore Investments, Ltd. C. Anticipated Wastewater Characteristics Type of Waste 100% Domestic Constituents BOD 200-250 mg/l TSS 200 mg/1 NH3-N 25 mg/l COD 500 mg/1 Design Flow 10,000 gpd D. Required Effluent Limits (Existing Permit) Mon. Avg. Daily Max. April 1- Oct. 31 BOD 30.0 mg/1 - 45.0 mg/1 TSS 3 0. 0 mg/l 45.0 mg/l NH3-N 8.0 mg/l 35.0 Fecal Coliform 200/100 ml 400/100 ml PH 6-9 s.u. D.O. 5.0 mg/1(min.) TRC 28.0 ug/1 Existing Treatment Process Components Mon. Avg. Daily Max. Nov. 1— March 31 3 0.0 mg/1 45.0 mg/1 30.0 mg/l 45.0 mg/1 NA NA 200/100 ml 400/100 ml 6-9 s.u. 5.0 mg/1(min.) 28.0 mg/1 Preliminary Treatment Influent lift station Secondary Treatment Dual extended aeration basins (5,000 gal. each in parallel) Dual clarifiers (5,650 gal. each in parallel) Sludge return Disinfection Tablet chlorinator and contact chamber (1,031 gal.) Dechlorination Tablet dechlorinator Effluent Flow Measurement Weir and meter with recorder Sludge Holding Tank One @ 2062 gallons Sludge Disposal Existing periodic removal and disposal by licensed waste disposal company for disposal at municipal wastewater treatment plant. F. Proposed Flow Equalization Design 1. Flow Equalization Pump Design Avg. flow = 10,000 gpd = 6.94 gpm Peak flow = 3.0 x 6.94 gpm = 20.83 gpm Pump Design Use 3" Sch. 40 PVC, approx. 85 Equivalent LF FH @ 20.8 gpm = 0.12 ft SH = 15 ft (approx.) TDH = 15.12 ft. Use Design TDH = 18 ft. 2. Rough Screening Type Screening area Peak flow rate 3. Flow Equalization Minimum Design Volume Manual inclined 20.8 gpm Aerated, variable level Min. 25% Of design flow _ .25 x 10,000 gpd = 2,500 gal. I 4 Note: Bear Wallow will use an eight foot diameter, circular reinforced concrete pumping tank which will provide approximately 4,100 gallons of capacity for flow equalization. Pumps: Number Two (2) Capacity 21 gpm @ 18 ft TDH (approx.), use Barnes 3SE524DS, double sealed, 1/2 HP, 240 VAC, single phase, 1750 RPM, solids handling or approved equal. Controls Level activated, alternating pumps, dual pump run on high level demand, low level cut off, audible and visual alarms. Existing WWTP Air Requirements A. Estimated BOD = GPD x mg/l x 8.33 1,000,000 10,000 gpd x 250 mg/l x 8.33 1,000,000 20.8 lbs./day BOD B, Estimated N113-N = GPD x mg/l x 8.33 1,000,000 10,000 gpd x 25 mg/l x 8.33 1,000,000 = 2.1 lbs./day NH3-N C. Air needed for BOD and NH3-N removal BOD = *2,100 CF/lb BOD x 20.8 lb. BOD/dav 1,440 min./day 30.3 CFM NH3-N = *6,500 CF/lb NH3 x 2.1 lb. NH3/dav 1,440 min./day 9.5 CFM Total req'd for BOD and NH3-N = 39.8 CFM e k- * 1.5 lb. 02/lb. BOD + 4.6 lb. 02/ lb. NH3-N Check: Use 3,000 CF/lb BOD removed 3,000 CF/lb BOD x 20.8 lb BOD/day 1,440 min./day 43.3 cfm Check: Air needed for mixing = 25 CFM/1000 CF aeration tank volume 25 CFM x 10,000 gal. 1,000 CF x 7.48 gal/CF 33.4 CFM Use 43.3 cfin for BOD and NH3-N Removal D. Sludge Holding Tank 20 CFM/1000 CF volume 20 CFM x 2,062 gallons/ 7.5 gal/CF 1000 CF = 5.5 CFM E. Air Lifts = 10 CFM/Lift 10 CFM/Lift x 2 lifts 20 CFM Total Existing Air Requirements = 68.8 CFM (aeration, sludge air lifts) Proposed Flow Equalization Basin Air Requirements: Air Required for mixing = 20 CFMI1000 CF volume 20 CFM x 4,100 gal. 1,000 CF x 7.48 gal/CF 11.0 CFM Existing WWTP is served by two (2) existing blowers, each designed at 375 CFM. Each of the existing blowers has almost five times the necessary capacity for both the existing wastewater treatment facilities and the proposed flow equalization basin (total air requirements = 79.8 CFM.) Therefore, the proposed flow equalization basin will be served by the air supply from the existing blowers. Series 3SE-DS 2" Spherical Solids Handling Double Seal 9%'; 2" & 3" Discharge Series: 3SE-DS 0.51 0.75 & 1,0HP, 1750RPM,60Hz ca r��cus CSA 108 UL 778 LR16567 Sample Spedliicatlans: Section 1 Page 7. DESCRIPTION: SUBMERSIBLE NON -CLOG SEWAGE PUMP DESIGNED FOR TYPICAL RAW SEWAGE APPLICATIONS www.cranepumps.com DISCHARGE...............................3" NPT, Female, Vertical, Bolt -on Flange LIQUID TEMPERATURE ............ 104"F (40'C) Continuous VOLUTE ...................................... Cast iron ASTM A-48, Class 30 MOTOR HOUSING ..................... Cast Iron ASTM A-48, Class 30 SEAL PLATE ............................. Cast Iron ASTM A-48, Class 30 IMPELLER: Design ................... 2 Vane, open, with pump out vanes on back side. Dynamically balanced, ISO G6.3 Material ................. Cast Iron ASTM A-48, Class 30 SHAFT ....................................... 416 Stainless Steel SQUARE RINGS ......................... Buna-N HARDWARE ............................... 300 Series Stainless Steel PAINT.......................................... Air Dry Enamel SEAL:, Design ................... Tandem Mechanical, Oil filled reservoir Material .................. CarboniCeramiciBuna-N Hardware -300 Series Stainless CORD ENTRY.......... .................... 15 ft. (5m) Cord with plug on 120 volt & .5HP, 240 volt, 1 phase. Quick connect custom molded for sealing and strain relief SPEED........................................1750 RPM (Nominal) UPPER BEARING ....................... Single Row, Ball, Oil lubricated Load ....................... Radial LOWER BEARING ...................... Single Row, Ball, Oil lubricated Load ....................... Radial & Thrust MOTOR: Design ................... NEMA L-Single Phase, NEMA B -Three phase Torque Curve, OilFilled, Squirrel Cage Induction Insulation ............... Class B SINGLE PHASE .......................... Permanent Split Capacitor (PSG) Includes Overload Protection In Motor ad in -cart#fat-panel OPTIONAL EQUIPMENT............ Seal Material, Impeller Trims, Additional cord, Normally Closed Temperature Sensors with cord for 3 phase pumps (Requires relay In control panel), Normally Open Moisture sensorwith cord for DS pumps (Requires relay in control panel). SECTION 1B CRANE PUMPS & SYSTEMS PAGE 40 DATE 1106 A Crane Co. Campany USA: (937) 778-8947 • Canada: (905) 457-6223 • Intemational: (937) 515-3598 BARNES Series 3SE-DS 2" Spherical Solids Handling wwwr-ranepumps.com Double Sea[ 1 %', 2" & 3" Discharge Inches (MM) 1 13,99 PF_ (355) I 7.06 2,06 1 (179) (52) 20.34 (124) (517) �H _ - 9,75 (248) O a i 9.03 (229) MODEL NO PART NO HP VOLT/PH Hz RPM NEMA GULL LOCKt:D CORn CORD CORD (Nom) START LOAD ROTOR SIZE TYPE O.D CODE AMPS AMPS Inch (mm) ate" 104897 0.5 120/1 60 1750 F 11.6 21.3 14/3 SJTOW }- 3SE524DS 104898 0.6 240/1 60 1750 J 8.9 14.9 1413` SOW 0.530 (13.5) 104899 1 0.5 200-240/3 60 1750 HIL 3.213.0 9,8111.0 14/4: SOW j• 3SE544DS 104900-1 0.5 48013 80 1750 K 1.5 5.3 1414 SOW 0.570 (14.5) SSE554DS 104901 1 0.5 600/3 60 1750 H 1.0 3.4 14/4 SOW 0.570 (14.5) 3SE774DS 104906 0.75 200-240/1 60 1750 G/K 7.417.0 21.5/25.8 14/3 SOW 0.630 (13.5) 3SE794DS 104907 0.75 200-240I3 60 1750 H/K 4.8/4.5 13.7115.4 1414 SOW 0.570 (14.5) SSE744DS 10490E 0.75 40013 60 1750 K 2.2 7.7 1414 SOW 0.570 (14.5) 3SE754DS 104909 0.75 600/3 60 1750 L 1.5 7.2 14/4 SOW 0.570 (14.5) 3SE1074DS 1114914 1.0 200-24011 60 1750 D/G 8.810.3 21.5125.8 14/3' SOW 0.530 (13.5) 3SE1094DS 104916 1.0 200-240/3 60 1760 E/H 5.14/4.9 13.7/15.4 1413 SOW 0.570 (14.5) 3SE1044DS 104916 1.0 48013 60 1760 H 2.4 1 7.7 14/4' SOW 0.670 (14.6) 3SE1054DS 104917 1.0 60013 60 1760 J 1.9 7.2 f 14/4 SOW 0.570 (14.5) OPTIONAL -Temperature sensor card for3 phase models is 1413 SOW, 0,530 (13.5mm) O.D. OPTIONAL - Moisture sensor cord Is 1815 SOW, 0.470 (11.9mm) O.D. OPTIONAL - Moisture 8 Temperature sensor cord for 3 phase models Is 18/5 SOW, 0.470 (11.9mm) O.D. IMPORTANT! 1.) PUMP MAY BE OPERATED 'DRY' FOR EXTENDED PERIODS WITHOUT DAMAGE TO MOTOR AND/OR SEALS. 2.) THIS PUMP IS APPROPRIATE FOR THOSE APPLICATIONS SPECIFIED AS CLASS I DIVISION II HAZARDOUS LOCATIONS. 3.) THIS PUMP IS NOTAPPROPRIATE FOR THOSE APPLICATIONS SPECIFIEDAS CLASS I DIVISION I HAZARDOUS LOCATIONS. 4.) INSTALLATIONS SUCH AS DECORATIVE FOUNTAINS OR WATER FEATURES PROVIDED FOR VISUAL ENJOYMENT MUST BE INSTALLED INACCORDANCE WITH THE NATIONAL ELECTRIC CODEANSIINFPA70 AND/OR THE AUTHORITY HAVING JURISDICTION. THIS PUMP IS NOT INTENDED FOR USE IN SWIMMING POOLS, RECREATIONAL WATER PARKS, OR INSTALLATIONS IN WHICH HUMAN CONTACT WITH PUMPED MEDIA IS A COMMON OCCURRENCE CRANE A Crane Co. Company PUMPS & SYSTEMS USA: (937) 778-8947 • Canada: (905) 457-6223 • International: (937) 615'-3598 SECTION 1113 PAGE 41 DATE "or, Pumps, Parts, and Service, Inc. PUMP DATA SHEET 09/13/06 Hendersonville - Thurman Engineering Crane/Barnes Selection list: — Search Criteria: Flow: 21 US gpm Head: 18 ft Tolerance: — % of head n Fluid: Water Temperature: 60 "F SG: 1 Viscosity: 1.105 cP Vapor pressure: 0.2563 psi a Atm pressure: 14.7 psi a NPSHa: — ft Advanced Criteria: Preferred Operating Area: — Secondary Operating Point: — Max temperature: — °F Max suction pressure: — psi g Max sphere size: --- in Max power: — bhp Max suction specific speed: — (Nss) Min trim: — % of max diameter Min head rise: — % to shutoff Curve Corrections: none ---- Data Point --- Flow: 21 US gpm Head: 22 ft Eff: 21 % Power: 0.656 bhp NPSHr: — ft -- DesIgn Curve -- Shutoff Head: 24.1 ft Shutoff dP: 10.4 psi Min Flow: — US gpm BEP: 42% eff @ B8.8 US gpm NOL Pwr: 0.728 bhp @ 88.8 US gpm -- Max Curve -- Max Pwr:1.22 bhp @ 160 US gpm ft 40 32 24 is 8 Catalog: Crane Barnes 60Hz vers 8 Pump: 3SE7*4DS Type: 1132-3EJECTOR Synch speed: 1800 rpm Speed: 1750 rpm Dia: 5 In Curve no.: Specific Speeds Ns: — Nss: — Dimensions: Suction: — In Discharge: 3In Pump Limits: Temperature: — °F Prpqqi ire, — l Sphere size: 2 ower: -- bhp Motor: Consult vendor a3o/,/cab �b� Secl ' 20I 5' I 30 •I— 4 I I — 40 - i 20 P S f — I—.. US gpm 25 so 75 100 12b IOU -Ito cuu Pump note: Temp. 1040F (40"C) Contlnous. Mentor vers 7.1a Pumps, Parts, and Service, Inc. Hendersonville - Thurman Engineering Selection list: - -- PUMP DATA SHEET Crane/Barnes Performance Evaluation: Flow Speed Head Pump Powei NPSHr US gpm rpm It %eff bhp ft 25.2 1750 21.6 24 0.571 --- 21 1750 22 21 0.556 -- 16.8 1750 22.4 17 0.559 -»- 12.6 1750 22.8 13 0.569 -- 8.4 1750 23.2 8 0.58 — Catalog: Crane Barnes 60Hz vets 8 Pump: 3SE7i4DS Motoi Motoi Hrs/yi Cost %eff kW /kWh 09/13/06 Mentor vers 7.1 a March 12, 2007 Mr. Walter T. McGee, President Biltmore Investments, Ltd. Post Office Box 745 Hendersonville, North Carolina 28793 SUBJECT: Dear Mr. McGee: li .- --v� _ 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 D ECC��� MAR 1 4 2007 WATER QUALITY SECTION ASHEVILLE-REGIONAL OFFICE Authorization to Construct A to C No. 076082AOI Biltmore Investments, Ltd. Bear Wallow Subdivision WWTP Henderson County A letter of request for Authorization to Construct was received November 28, 2006, by the Division, and final plans and specifications for the subject project have been reviewed and found to be satisfactory. Authorization is hereby granted for the construction of modifications to the existing 0.010 MGD Wastewater Treatment Plant, with discharge of treated wastewater into Clear Creek in the French Broad River Basin. This authorization results in no increase in design or permitted capacity and is awarded for the construction of the following specific modifications: Installation of a 4,100-gallon capacity equalization basin complete with an influent bar screen, two (2) 21 GPM submersible wastewater pumps, air diffuser piping, a flow splitter box, and site piping, valves, vaults, electrical, controls, and other appurtenances necessary to provide a complete system, in conformity with the project plans, specifications, and other supporting data subsequently filed and approved by the Department of Environment and Natural Resources. This Authorization to Construct is issued in accordance with Part III, Paragraph A of NPDES Permit No. NCO076082 issued December 1, 2006, and shall be subject to revocation unless the wastewater treatment facilities are constructed in accordance with the conditions and limitations specified in Permit No. NC0076082. The sludge generated from these treatment facilities must be disposed of in accordance with G.S. 143-215.1 and in a manner approved by the North Carolina Division of Water Quality. In the event that the facilities fail to perform satisfactorily, including the creation of nuisance conditions, the Permittee shall take immediate corrective action, including those as may be required by this Division, such as the construction of additional or replacement wastewater One treatment or disposal facilities. Nortor hCarolina ,Naturally North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone (919) 733-7015 Customer Service Internet: rna'rz.^r,:a;eroua' id.erq 512 N. Salisbury St. Raleigh, NC 27604 FAX (919) 733-2496 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer — 50% Recycled/10% Post Consumer Paper �BiltnZoe lnvestnients,l � o _ilI 1sslle ffc` rCh 12, 2007 Engineer's Certification as a duly registered Professional Engineer in the; State of North Carolina, having been authorized to observe oeriodi 4 v eeklv!fuIl time) the construction of the modifications and improvements to the Bear Wallow Subdivision WWTP, located on Bearwallow Road in 1jenderson County for Biltmore Investments, Ltd., hcreby state that, to the best of my -abiulie.s, +:13:@e ,s pare and doli ence was used in the observation of the following construction: Installation of 4,100-gallon capacity- equalization basin complete with an influent bar screen, two (2) 21 GPM submersible wastewater pumps, air diffuser piping, a flow splitter box, and site piping, valves, vaults, electrical, controls, and other appurtenances necessary to provide a complete system, in conformity with the project plans, specifications, and other supporting data subsequently filed and approved by the Department of Environment and :Natural Resources. I certify that the constriction. of the above referenced project was observed to be built within substantial compl Signature Date n / ZC, Send to: dint of the approved plans and specifications.. Registration No. /®!5�qb-" _ Construction Grants & Loans DENRIDWQ 1633 Wi.l. Service Center Raleigh, NC 27699-1633 F \J A 7'F -5 N:, February 1, 2007 Mr. Walter T. McGee, President Biltmore Investments, Ltd. Post Office Box 745 Hendersonville, North Carolina 28793 Michael F. Easley, Governor William G.,Ross-1r.; Secretary North Carolina Department of Environment and Natural Resources rl an i'ni4 P.E. Director -- i�Y is &r' Water Quality F E B - 9 2007 i WATER QUALITY SECTION C ASH`=VILLE RE,7a-10W,L O Ei:',E._�s SUBJECT: Request for Additional Information Biltmore Investments Bear Wallow Subdivision WWTP Flow Equalization Facility ATC No. 076082AOI Henderson County Dear Mr. McGee: A review of the plans and specifications in support of the request for Authorization to Construct has been completed by the Construction Grants and Loans Section (CG&L). The comments resulting from this review are being transmitted directly to your engineer for clarification and resolution; a copy is attached for your reference. Our goal is to issue the Authorization to Construct as soon as possible. If a complete response is not received within 30 days, the application and supporting information will be returned. Upon receipt of satisfactory responses from your engineer to our comments, the review of the plan documents will be completed. If you have any questions concerning this matter, please do not hesitate to contact Seth Robertson, P.E., State Project Review Engineer, at (919) 715-6206. Si gerely,, ecil Madden, Jr., P.E., Supfvi/ Construction Grants and Loans S 't on Design Management Unit BSR/dr Attachment to all cc: Horizon Engineering & Consulting, Inc. - J. Thurman Horne, P.E. Daniel Blaisdell, P.E. Cecil G. Madden, Jr:, P.E. Seth Robertson, P.E., ATC Files Construction Grants and Loans Section One 1633 Mail Service Center Raleigh NC 27699-1633 NorthCa.Olina Phone: 919-733-6900 /FAX: 919-715-6229 /Internet: www.nccgl.net 1�� An Equal Opportunity/Affirmative Action Employer — 50% Recycled/10% Post Consumer Paper ;Wimally Construction Grants & Loans Section Design Management Unit Name of Applicant Name of Wastewater Treatment Plant Description of Modification ATC No. 076082A01 Request for Additional Information General Comments Provide three (3 ) complete copies of revised plans and specifications. Review of Plans Show the force main inlet and bar screen on the equalization basin profile. 2. Show float and operating levels for submersible pumps on plans. 3. Provide complete electrical and control drawings including one -line diagram. 4. Provide provisions for handling grit and solids accumulation in the equalization basin, such as a hopper bottom, filleted corners, and sludge draw -off connections. 5. Discuss planned disposal of accumulated grit, solids and screenings. Bear Wallow Flow Eq Basin a Subject: Bear Wallow Flow Eq Basin From: Jim Reid <Jim.Reid@ncmail.net> Date: Wed, 10 Jan 2007 16:19:42 -0500 To: Seth Robertson <5eth.Robertson@ncmail.net>, Roger Edwards <Roger.Edwards@ncmail.net>, Jim Reid <Jim.Reid@ncmail.net> Seth, Please accept this email as the response to the request for comments concerning the A-to-C for the flow equalization basin proposed for Bear Wallow Mobile Home Park (NPDES Permit NC0076082, Henderson County). The regional office recommends issuance of subject A-to-C; a flow equalization basin GREATLY enhances operability of a package plant serving a mobile home park. The alarm feature is described in the specifications accompanying the plans, but it does not appear on the plans. No mention is made concerning disposal of screenings from the bar screen shown on the inlet to the proposed flow equalization basin. Float levels are not shown on the plans. Your attention is appreciated. Please advise if there are questions or a need for additional information. Jim Reid 828-296-4651 email, Jim.Reid@NCmail.net Jim Reid - Jim.Reid@ncmail.net _..:........------ ._........... ........ ..-------- ---. 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: 828-296-4500 Fax: 828-299-7043 Jim Reid <Jim.Reid@pcmail.net> NC DENR - Asheville Regional Office Division of Water Quality - Water Quality Section 1 of 1 1/10/2007 4:20 PM Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources November 29, 2006 MEMORANDUM TO: Roger Edwards, Regional Water Quality Supervisor i Asheville Regional Office, Division of Water Quality Y, FROM: .,Seth Robertson, P.E. _ f Design Management Unit i; Alan W. Klimek, P.E. Director Division of Water Quality D E C E. D EC e 4 2006 WATER QUALITY SECTION ASHEVILLE REGIONAL OFFICE SUBJECT: Request for an Authorization to Construct Bear Wallow WWTP Flow Equalization Basin Addition _ NPDES Permit No. NCO076082 Plans, specifications and supporting documents have been received for the subject project. It is requested that comments and recommendations, including the items listed below, be received by January 5, 2007, from the Regional Office Staff: Procedure No. 4 Comments Schedule for Issuance of the NPDES Permit SOC, or Other Schedules Which Must be Met Status of Stormwater Permit, if applicable Confirm if the Proposed Method and Sequence for Construction of Additions/New Facilities is Acceptable. Groundwater Comments Standby Power Needs Compliance With N. C. Well Construction Standards CAMA X Recommendations for inclusion in the Authorization to Construct For your reference, review and comments on the above items, plan documents are submitted as follows: X Plans and Specifications Subsurface/Soils Report Power Outage Information Other If you have any questions, please do not hesitate to contact Seth Robertson at (919) 715-6206. Attachment cc: ATC Files Anita Reed, E.I. Construction Grants and Loans Section 1633 Mail Service Center Raleigh NC 27699-1633 Phone: 919-733-6900 / FAX: 919-715-6229 / Internet: www.nccgl.net Nne orthCarohna An Equal Opportunity/Affirmative Action Employer — 50% Recycled/10% Post Consumer Paper ' �+•`ricy October 31, 2006 Mr. Daniel M. Blaisdell, P.E. NC Department of Environment and Natural Resources =LWATEFF6-L7A Division of Water uali Q tyConstruction Grants Section DEC 1633 Mail Service Center 20�6Raleigh, North Carolina 27699-1633 --- LTYSECT^�EVILLE REC;Ci1�{i C�FICE Subject: Request for Authorization to Construct (ATC) --- Proposed New Flow Equalization Facilities Bear Wallow WWTP - NC0076082 Henderson County Dear Mr. Blaisdell: Please accept this letter, the attached plans, specifications and materials provided by Horizon Engineering & Consulting, Inc. as our request for Authorization to Construct. If you need any assistance or if you have any questions or matters we should discuss, I hope that you will call me or J. Thurman Horne, P.E. (by Horizon Engineering & Consulting, Inc.) at 704- 788-4455. Sincerely, a ter T. McGeee President Biltmore Invetsments, Ltd. Page 1 of 2 North Carolina Division Of Water Quality Construction Grants & Loans Section Authorization To Construct (ATC) Application Form To Be Used On and After July 1, 2004 Date: October 31, 2006 Perm ittee/Owner Name: Biltmor Investments, Ltd. Address: P.O. Box 745 Hendersonville, N.C. 28793 Contact Person: Walter T. McGee Telephone Number: 828-693-0023 Engineer Of Record: Horizon Engineering & Consulting, Inc. Address: 2510 Walker Road Mt. Pleasant, N.C. 28124 Telephone Number: 704-788-4455 Please Note: The Following Check Each Items/Information Must be Submitted Box For To Be Considered a Complete Which Package. If Any Applicable Item Is Information Remarks/Explanation Missing The Package Will Be Returned Is Provided As Incomplete. ( ) 1 Letter of Request for ATC from Permittee or Authorized Agent. Installation of a flow equ 2 A Brief Description Of the Proposed ✓ basin w/ dual alternating Project. A Complete Copy Of the NPDES Permit 3 or Public Notice of A Draft NPDES f Permit. 4 Design Capacity (in Million Gallons per Day - MGD). / 0.01 0 MGD If New or Expanding Design Capacity is 5 greater than or equal to 0.500 MGD N.A. include a copy of Finding Of No Significant Impact (FNSI). Three Sets Of Plans Signed and Sealed 6 By A NC Professional Engineer and Stamped With "Final Drawing - Not Released For Construction" 7 Three Sets of Technical Specifications. NCDWQ ATC Application July 2004 lization umps. Page 2 of 2 See Appendix g "Design Basis ' Three Sets each of Process, Design, and � in specifications. 8 Hydraulic Profile Calculations. A Hydraulic Profile; and A Flow ✓ See attachments. 9 Schematic With Sizes Of Major Components On 81/2" X 11" Paper. Documentation that a Soil & Erosion NALess than 1 acre to be 10 Control Permit Application Has Been disturbed. Application Submitted to Division of Land Resources. not required. Residuals Management Plan (for all f See attachment. 11 facilities producing residuals). Construction Sequence Plan (for j See attachment. 12 Modifications). 110 Volt Power and Potable Water NA 110 volt power and potable w is already available on site 13 Included in Plans. with the exist . WWTP . Hydrogeologic Information Must Be No potential is associated 14 Provided If A Potential For Groundwater NA with this proposed project. Contravention Exists. For Abandonment of WWTPs, a 15 Statement That the Facility Will, Be NA Properly Disconnected. For Municipal/Public Facilities, A Signed/Sealed Certification From the NA 16 Engineer Of Record That the Project Complies With G.S. 133-3. ter NCDWQ ATC Appllcadon July 2004 Residuals Management Plan and Construction Sequence Plan Prepared by: J. Thurman Horne, P.E. Horizon Engineering & Consulting, Inc. Residuals Management Plan: The proposed modifications will have no impact on existing residuals management. The amounts of sludge generated vary dependent upon factors including the strength of wastewater, variations in treatment efficiency, temperature, etc. The role of the existing sludge holding tank is to serve as an outlet where the operator may periodically waste excess volumes of sludge that are not needed as return to the aeration basin. The operator will waste sludge to the holding tank as part of maintaining mixed liquor within preferred ranges and based on physical observations plus performance testing. Periodically, the accumulated volumes of sludge need to be removed and disposed off site. This is already practiced at the existing WWTP, and will continue. The current method of disposal is by private contractor and is disposed by the contractor at either an approved land application site or the Town of Hendersonville, POTW. This project does not increase or alter the amounts of sludge produced or impact the current methods of disposition. Construction Sequence Plan: The construction of the proposed modifications should be able to be accomplished with negligible interference to the continued operation of the existing WWTP. The proposed new flow equalization facilities will be constructed largely independent from the existing WWTP facilities. The contractor will first construct the new flow equalization facilities detailed in the plans. The contractor will then interrupt the existing pipe lines connecting the existing influent lift station and the existing WWTP and will make the in line connection of the inlets and outlets to the proposed flow equalization basin. These connections involve simple disconnection of the existing PVC influent piping, rerouting into the flow equalization basin and reconnection of the effluent from the pumps in the flow equalization basin to the existing wastewater treatment plant, aeration basins. This entire connection and reconnection process should be accomplished within only an hour or so and should only require that the influent be retained by temporarily shutting off the influent lift station. This should have no adverse affect on the existing operations since the existing influent wet well has adequate detention capacity to such a short term interruption of service. As a precaution, during this procedure, the contractor will monitor the water level in the influent lift station wet well to make sure that there is no danger of overfilling and overflow. Z 3 o Z F o N 0 ng 0 d II cu W �y�J Q ?®offd/�9j �P N- m 0®o®mpuoom o pQj.9Pi9 n ZO 00 .��jlo�� N W F �. Q°�a ea Sin ffivi LW Z FO W ®� I�®'r+'ip II NIS`d8 OLLV213V '1SIX3 °� o u% 6 nib II NISVB �OLLVUW '1SIX3 13SOdUd 04+Z NISV9 NOLL znvn03 'dOHd b*+Z x 0 m a. a m w 00+Z �00 N 04 o� d N J O II p O� Qf rW 0s+t U J W Q o z n N Cd to _ U m N II N 00+1 z 0 II Z 0 7 tz OS+0 � o F m a o � � NO v.Ls un '1SIX3 00+0 n 0 m Ln N N N N N Hydraulic Flow Diagram Horizon Engineering & Consulting, Inc. Bear Wallow Wastewater Treatment Facilities 2510 Walker Road Mt. Pleasant, N.C. 28124 October 31, 2006 Hendersonville, N.C. Scale: NTS April 6, 2000 William G. Lapsley & Associates, P.A. Consulting Engineers and Land Planners 1635 Asheville Highway Post Office Box 546 Hendersonville, North Carolina 28793 828-697-7334 • FAX 828-697-7333 William G. Lapsley, P.E. William R. Buie, P.E. G. Thomas Jones III, P.E. Mr. Kim Colson, P.E. Non -Discharge Permits Unit Permits & Engineering Section NC Division of Water Quality 1617 Mail Service Center,.. Raleigh, NC 27611 . Re: Bearwallow Valley_Mobil Home Park Henderson County- WWTP Permit No. AC0076082 Dear Mr. Colson: Enclosed for your records please find the Engineers Certification for the above referenced project. The wastewater treatment facility has just recently. been completed and is ready for operation. If you have any questions or concerns please feel free to contact our office: William G. WGL/ds cc: Roy Davis, Asheville Regional Office Nick Stefanou toPrin[ed on Recycled Paper Permit No. AC 0076082 Bearwallow Valley MHP WWTP Henderson County, NC Engineer's Certification 1, William G. Lapsley, as a duly registered Professional Engineer in the State of North Carolina, having been authorized to observe periodically the construction of the project, Bearwallow Valley Mobile Home Park, Henderson County for the Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of this permit, the approved plans and specifications, and other supporting materials. Signature Date Registration No. ` &461 . iFco_ �uFo�%'1F�ns�ev s�nic6 Ile eaer"�w ups deli V7oy`9��s �PRo) Permit No. AC 0076082 Bearwallow Valley NIHP WWTP Henderson County NC JU.. 1 8 2001 Engineer's Certification I, William. G. Lapsley; as a duly registered Professional Engineer in the State of North Carolina, having been authorized to observe periodically the construction of the project, Bearwallow.Valley Mobile. Home Park, Henderson County .for the Permittee hereby state that, .to the best of myabilities, -due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of this permit, the approved plans and specifications, and other supporting materials. an at u r e Date 41200 s ,:, S.EAt a- 6469 y Mn Division of Winer Qualfty hereby aekaowledges receipt and wcepftm of Ibis �ti8cad (�re�ol Registration No. & I RECEIVED WATER OIJALI7Y SECTION APR V o Non- Discharge Permitting WATER � RECEIVED =t ctV Fri 0 Cr•,Yn� u .. Alon-Oisctterge P011MU' ing t'o�r_ , tea- 0. slot+ - Wou'r wr-(Tr3?-) State of North Carolina partment of Environment, ealth and Natural Resources Div Disionn of Water Quality James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E., Director Mr. Nick Stefanou Bearwallow Mobile Home Park 104 Low Gap Road Hendersonville, North Carolina 28739 Dear Mr. Stefanou: /•• _ FE F=1 July 21, 1997 JUL 28 lss Subject: NPDES Permit No: NCOQT6082 Authorization to Construct '___ ' Bearwallow MHP WWTF Henderson County A letter of request for an amendment to an Authorization to Construct issued December 20, 1993 was received April 18, 1997 by the. Division and final plans and specifications for the subject project have been reviewed and found to be satisfactory. The previous Authorization to Construct authorized construction of a 10,000 gpd wastewater treatment facility.With this Authorization to Construct, authorization is hereby granted for the installation of %'G_k_W,- standby -generator a5%well as all other facilities and piping approved via the December 20, 1993uthoriZahon to Construct." The installation of the standby power generator will satisfy the requirements of Permit NC0076082, Part III, Special Condition E, "Requirement for Standby Power". This Authorization to Construct is issued in accordance with Part III, Paragraph A of NPDES Permit No. NCO076082 issued December 6, 1994, and shall be subject to revocation unless the wastewater treatment facilities are constructed in accordance with the conditions and limitations specified in Permit No. NC0076082. The sludge generated from these treatment facilities must be disposed of in accordance with G.S. 143-215.1 and in a manner approved by the North Carolina Division of Water Quality. In the event that the facilities fail to perform satisfactorily, including the creation of nuisance _ conditions, the Permittee shall take immediate corrective action, including those as may be required by this Division, such as the construction of additional or replacement wastewater treatment or disposal facilities. The Asheville Regional Office, telephone number (704) 251-6208, shall be notified at least forty- eight (48) hours in advance of operation of the in facilities so that an in -place inspection can be made. Such notification to the regional supervisor shall be made during the normal office hours from 8:00 a.m. until 5:00 p.m. on Monday through Friday, excluding State Holidays. Upon completion of construction and -prior to operation of this permitted facility, a certification must be received from a professional engineer certifying that the permitted facility has been installed in accordance with the NPDES Permit, this Authorization to Construct and the approved plans and. specifications. Mail the Certification to the Permits and Engineering Unit, P.O. Box 29535, Raleigh, NC 27626-0535. Upon classification of the facility by. the Certification Commission, the Permittee shall employ a certified wastewater treatment plant operator to be in responsible charge (ORC) of the wastewater treatment P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-5083 FAX:919-733-0719 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper facilities. The operator must hold a certificate of the type and grade at least equivalent to or greater than the classification assigned to the wastewater treatment facilities by the Certification Commission. The Permittee must also employ a certified back-up operator of the appropriate type and grade to comply with the conditions of Title 15A, Chapter 8A, .0202. The ORC of the facility must visit each Class I facility at least weekly and each Class II, III, and IV facility at least daily, excluding weekends and holidays, and must properly manage and document daily operation and maintenance of the facility and must comply with all other conditions of Title 15A, Chapter 8A, .0202. Once the facility is classified, the Permittee must submit a letter to the Certification Commission which designates the operator in responsible charge within thirty days after the wastewater treatment facilities are 50% complete. A copy of the approved plans and specifications shall be maintained on file by the Permittee for the life of the facility. Failure to abide by the requirements contained in this Authorization to Construct may subject the Permittee to an enforcement action by the Division of Water Quality in accordance with North Carolina General Statute 143-215.6A to 143-215.6C. The issuance of this Authorization to Construct does not preclude the Permittee from complying with any and all statutes, rules, regulations, or ordinances which may be imposed by other government agencies (local, state, and federal) which have jurisdiction. One (1) set of approved plans and specifications is being forwarded to you. If you have any questions or need additional information, please contact Mr. Steven Pellei, telephone number (919) 733- 5083, extension 516. Sincerely, A. Preston Howard, Jr., P.E. cc: Central Files William M. Berry, JR. 10 Evergreen Drive Newnan, Georgia 30263 Sandra Caldwell Rt. 2, Box 370A Hendersonville, NC 28792 Asheyille=RegionaLOffice, �WaterQualityp Permits & Engineering (Permit file) Training and. Certification Unit c tJ C I V C' 11 William G. Lapsley & Associates, P.A. Consulting Engineers and Land Planners 1635 Asheville I-H-11wav Pest Office Box 546 Hendersonville, North Carolirm 2879:3 704-697-7334 • FAX 704-697-733:3 William G. I.apsley, RE. TRANSMITTAL LETTER John hn It.ary Tweed. E. duhn If. Jetcr, P.H. Philip Ward, L.S.A. (►7+ZtiJ6� DATE: 1.C.Or- (.✓ -rrzz PROJECT: :0 1-6011, / S-S(o / PROJECT # Ne.ao7�0 oS Z f.JQ d 00�35 FROM: 629'�V' �W� WE TRANSMIT: FOR YOUR: ( Herewith ( ) Approval ( ) Under separate cover ( ) Review ( ) Use The Following: Copies Date Description Remarks: 7y CADLr -- Copies to: pa' too Printed oP ftecycled Paper Model and Rating GO Standard Equipment Series CCKB Gasoline Driven Air Cooled Available for Gas or LPG Operation 60-HZ ModeIS 3600 r/min 10 kW, 10 kVA at 1.0 PF, 4-wire ❑ 10.0 CCKB-3CP' 120/240 V, 42A, 1-phase, manual start ❑ 10.0 CCKB-3CR' 120/240 V, 42A, 1-phase, remote start GenSets ❑ 10.0 CCKB-4R 120/206 V. 28A, 3-phase, remote start 'These models are reconnectible to deliver rated output at 120 V 2-wire. 240 V 2-wire or 120/240 V 3-wire. Ratings apply to altitudes up to 500 ft (152.4 m), standard cooling, 85' F (29.40 C) ambient, with gasoline fuel. Consult factory or nearest authorized Onan distributor for operating characteristics under other conditions. All models are CSA certified. Remote Start Models • Mounted Control Box with Battery Terminals, Remote Control Terminals, Start - Stop Switch • Muffler • Fuel Line • Battery Cables • Vibration Isolators • Oil Pressure Gauge • Dipstick • Low Oil Pressure Shutdown • Oil Base drilled for addition of Thermostat and Heater Kit • Air Cleaner with Reusable Element Portable Models • Carrying Frame • Readi-Pull Automatic Rope Recoil Starter • 6-Receptacle Outlet Box with Pilot Light • Generator Grounding Terminal • Mounted 4 gallon (15.14 L) Fuel Tank • Muffler • Vibration Isolators • Air Cleaner with Reusable Element • Oil Pressure Gauge • Dipstick Accessories ❑ Automatic Transfer Switch for standby ❑ Oil Base Heater Kit and Day Tank available service, 3-wire, 12V for Remote Start Models ❑ Two Starting Batteries, 6V, 105 A.h (378 kC) ❑ Two -wheel Dolly Kit for Portable Models ❑ Gas or Combination Gas -Gasoline Carburetion Specification Sheet Specifications May Change Without Notice w ,t,•a , t, s A 1/87 A-598J Basic L Isy l Remote Start: Approximate netDimensions uwlnr ouT —CLUAMC[ nl au nu weight 370lb (1168 kg) Ij Portable Models: Approximate + a� `4" net weight 415 lb (188 kg); I 1 ra ram I overall dimensions— a„ .., .� length 39.25 in (997 mm), t 1 „. width 25.63 in (651 mm), height 23.81 in (605 mm) 1[al e- L ie �[ a , a.uee 1, sa L Dimensions in inches; �(T,1 i a millimetres shown in ao mn"e r,ua Ira. parentheses. In I lio� �^ YTa MOL[[ � �-11MI ), Y IRI as I3=1 rd1 M 1111 aOIT11 1[eel Operating Data 10 CCKB Avenge Fuel Consumption Engine Piston Air Combustion Generator Natural Gas Propane Power Speed Cooled Requirement Cooling Gasoline at 8 kW at 9.5 kW Max. bhp fpm fP/m Au-IP/m Air-M/m gph (t-/h) at load- Btwft' it'rh Stuffy h'/h Herb (kW) (mmis) (ms/mm) fm'/min) (mi/min) 0 1/4 2/4 314 4/4 (MJ/m') (m'1h) (MJ/m') (m1/h) 60(3600 r/min) 19.5 1800 900 42 125 0.8.6 1.15 13 LSI 2.1 f000 200 2500 100 (14.54) (9144) (25.49) (1 19) (3.54) (37 25) (5.66) (93.13) (2.83) Engine Detail Generator Detail Model: Onan CCKB Gasoline Design: 4-cycle, L-head, 2-cylinder horizontally opposed Displacement: 49.8 in (816.02 cm3) Bore: 3.25 in (82.55 mm) Stroke: 3.0 in (76.2 mm) Compression Ratio: 7:1 Cooling: Pressure air-cooled Fuel System: Horizontal carburetor with mechanical fuel pump Fuel Lift 6 ft (1.83 m) Hand choke on portable models, electric choke on remote start models Governor. Enclosed, flyball, cam gear -driven Speed regulation 5% Ignition Systems: Flywheel magneto on portable manual start models, 12 V battery on remote start models All models suppressed to minimize radio interference Design: Onan AC revolving armature, 2-pole, self excited, inherently regulated Drip -proof construction Permanently aligned to engine Frequency Regulation: 3-Hz (5%) no load to rated load Insulation: Class B NEMA MG1-1.65, insulating varnish conforms to MIL-1-24092 Temperature Rise: Within NEMA MG1-22.40 at rated load Cooling: Direct drive centrifugal blower See Your Onan Distributor - Lubrication: Positive displacement lube oil pump Full pressure to main and connecting rod bearings and governor Oil capacity 4 qt (3.79 L) Low oil pressure shutdown, remote models Starting: Portable manual start models—Readi- Pull, hand start with automatic rope recoil, stop button on blower housing Remote start models-12V 3-wire negative ground, exciter cranking (motorized generator). Bearings: Two main steel back aluminum (sleeve), replaceable precision inserts Cylinders -Crankcase: Integral, cast alloy iron Cast iron oil base Cylinder Heads: Cast aluminum alloy Pistons: 3 ring (2 compression, 1 oil control) Valves: Intake carbon steel, rotating exhaust austenitic steel with hard chrome -cobalt alloy facing, replaceable hard chrome -cobalt alloy exhaust seat insert Electromagnetic Interference Level: Attenuation exceeds requirements for most civilian and commercial applications Armature: Laminated electrical steel stack, keyed and press fitted to shaft Heavy insulated copper wire windings Balanced Stator. Laminated electrical steel pole shoes mounted in rolled steel frame Machine form wound and taped field coils Brushes: AC, electrographitic; DC, metal -graphitic Bearing: Double sealed prelubricated ball bearing Feedback to utility system can cause electrocution or property damage. Do not connectto any building electrical system except through an approved deviceand aller building main switch is opened. Onan Corporation 1400 73rd Avenue N.E. Telephone TWX 910 576-2833 Minneapolis, MN 55432 612 574-5000 Telex 275477 Cable ONAN NPDES WASTE LOAD ALLOCATION PERMIT NO.: NC0076082 PERMITTEE NAME: Nick Stefano.0 FACILITY NAME: Bear Wallow Valley Mobile Home Park Facility Status: Proposed Permit Status: Renewal with Modification Major Pipe No.: 001 Minor Design Capacity: 0.01 MGD Domestic (% of Flow): Industrial (% of Flow): 100% Comments: A/C issued for 0.010 MGD 12/20/93: existing_ permit at 0.012 MUD. RECEIVING STREAM: UT clear Creek Class: C-Trout Sub -Basin: 04-03-02 Reference USGS Quad: F9NE (please attach) County: Henderson Regional Office: Asheville Regional Office Previous Exp. Date: 4/30/94 Treatment Plant Class: Classification changes within three miles: Requested by: SusaiiVilson *� Prepared by. Reviewed by: Date: 1/ 11/94 Date: z ti q Date: 02 1 Modeler Date Rec. # s ' l l '1 ' Drainage Area (mi 2 ) 9 _ y 5 Avg. Streamflow (cfs): o -�46 7Q10 (cfs) a. �3 Winter 7Q10 (cfs) o_ t 30Q2 (cfs) Toxicity Limits: IWC % Acute/Chronic Instream Monitoring: Parameters ja Upstream Location Downstream Location Effluent Summer Winter Characteristics BOD5 (mg/1) 603 0 NH -N (mg/1) 3 g•0 MONi1S2 D.O. (mg/1) N2 N!L TSS (mg/1) 3 0 F. Col. (/100 ml) ZO d zo 0 PH (SU) 6-1 Rea iovAL_ fig 2 811994 Comments: Facility Name: NPDES No.: Type of Waste: Facility Status: Permit Status: Receiving Stream: Stream Classification: Subbasin: County: Regional Office: Requestor: Date of Request: Topo Quad: FACT SHEET FOR WASTELOAD ALLOCATION Request # 7717 Bear Wallow Valley Mobile Home Park NCO076082 Domestic - 100% Proposed Renewal with Modification unnamed tributary to Clear Creek C - Trout 04-03-02 Henderson Stream Characteristic: Asheville USGS # 03.4464.0833 Wilson Date: 1989 1 / 12/94 Drainage Area (mi2): 0.45 F9NE Summer7Q10 (cfs): 0.13 Winter 7Q10 (cfs): 0.19 Average Flow (cfs): 0.76 30Q2 (cfs): 0.30 IWC M: 11 % Wasteload Allocation Summary (approach taken, correspondence with region, EPA, etc.) Flows were checked for this WLA following USGS procedure. The same statistics were developed. Facility treated as New, based on 15A NCAC 2H.0103 (14) (c). A/C issued for 0.010 mgd on 20 December, 1993 - per permittee request Special Schedule Requirements and additional comments from Reviewers: Recommended by: Farrel] Keough Reviewed by Instream Assessment. Regiona ,' isor' I' Permits & Engineerin Date: Date: 1 ( j � 1 fi) c/ J7-' g: Date: RETURN TO TECHNICAL SERVICES BY: 2 CONVENTIONAL PARAMETERS Existing Limits: Monthly Average Summer Winter Wasteflow (MGD): 0.012 BOD5 (mg/1): 30 NH3N (mg/1): monitor DO (mg/1): nr TS S (mg/1): 30 Fecal Coliform (/100, ml): 1,000 pH (SU): 6-9 Residual Chlorine (mg/1): 0.016 Oil & Grease (mg/1): nr TP (mg/1): nr TN (mg/1): nr Recommended Limits: Monthly Average Summer Winter WQ or EL Wasteflow (MGD): 0.010 BOD5 (mg/1): 30 30 EL N113N (mg/1): 8.0 monitor WQ AT DO (mg/1): nr . nr TSS (mg/1): 30 30 Fecal Coliform V100 ml): 200 200 pH (SU): 6-9 6-9 Residual Chlorine (µg/1): a8 08 `'+'Q AT Oil & Grease (mg/1): nr ' nr TP (mg/1): nr nr TN (mg/1): nr nr Limits Changes Due To: Parameter(s) affected: Flow change in A/C (noted on front page) N113N Aquatic Toxicity criteria Fecal Coliform current policy _x_ Parameter(s) are water quality limited. For some parameters, the available load capacity of the immediate receiving water will be consumed. This may affect future water quality based effluent limitations for additional dischargers within this portion of the watershed. •' No parameters are water quality limited, but this discharge may affect future allocations. INSTREAM MONITORING REQUIREMENTS Upstream Location: nr Downstream Location: nr Parameters: Special instream monitoring locations or monitoring frequencies: MISCELLANEOUS INFORMATION &SPECIAL CONDITIONS Adequacy of Existing Treatment Has the facility demonstrato the ability to meet the proposed new limits with existing treatment facilities? Yes No 7 j If no, which parameters cannot be met. Y"/0'n � Mi CiZL5LOC441 Would a "phasing in" of the new limits be appropriate? Yes No If yes, please provide a schedule (and basis for that schedule) with the regional office recommendations: If no, why not? Special Instructions or Conditions Wasteload sent to EPA? (Major) (Y or N) (If yes, then attach updated evaluation of facility, including toxics spreadsheet, modeling analysisif modeled at renewal, and description of how it fits into basinwide plan) Additional Information attached? (Y or N) If yes, explain with attachments. r- SOC PRIORITY ,OJECT: IF YES, SOC NUMBER No TO: PERMITS AND ENGINEERING UNIT WATER QUALITY SECTION ATTENTION: Susan Wilson DATE: January 10, '1994 NPDES STAFF REPORT AND RECOMMEND COUNTY Henderson PERMIT NUMBER NCO076082 PART I — GENERAL INFORMATION 1. 2. 3. 4. Facility and Address: Bear Wallow Valley MHP 104 Low .Gap Road Hendersonville, NC 28739 Date of Investigation: January 7, 1994 Report Prepared By: Paul White Persons Contacted and Telephone Number: Nick Stefariou 704-685-3881 5. Directions to Site: From the I-26'intersection with Hwy 64, go 6 miles east to the intersection of SR 1586 at Russell's Exxon and turn left. Go 0.2 mile to SR 1587 and turn right. Go 2 miles to entrance drive down hill to left. 6. Discharge Point(s), List for,all discharge points: Latitude: 350 24' 50" Longitude: 820 21' 40" Attach a USGS map extract and indicate treatment facility site and discharge point on map. U.S.G.S. Quad No. F9NE U.S.G.S. Quad Name Bat Cave 7. Site size and expansion area consistent with application? yes Yes No If No, explain:, 8. Topography (relationship to 'flood plain included): Site is on flat flood plain of Clear Creek and unnamed tributary. May be in 100 year flood plain. Top of WWTP is to be several feet above ground. Pact- 1 9. •Location of nearest dwelling: >100 feet. 10. Receiving stream or affected surface waters: Unnamed tributary to Clear Creek. a. Classification: C-Tr b. River Basin and Subbasin No.: French Broad 04-03-02 C. Describe receiving stream features and pertinent downstream uses: Receiving stream is a small stream draining an area adjacent to and west of the Tennessee Valley Divide. Maximum relief is 400 feet. Downstream uses include fish and wildlife propagation, fishing, wading, swimming, and irrigation. Numerous apple orchards are adjacent to Clear Creek and tributaries. PART II - DESCRIPTION OF DISCHARGE AND TREATMENT WORKS 1. a. Volume of wastewater to be permitted 0.010 MGD (Ultimate Design Capacity) b. What is the current permitted capacity of the Wastewater Treatment facility? 0.012 mgd C. Actual treatment capacity of the current facility (current design capacity not constructed d. Date(s) and construction activities allowed by previous Authorizations to Construct issued in.the previous two years: none e. Please provide .a description of existing or substantially constructed wastewater treatment facilities: none f. Please provide a description of proposed wastewater treatment facilities: Permitted facilities include an influent lift station, dual 5000 gallon aeration tanks, dual 5650 gallon clarifiers, a 1000 gallon chlorine contact tank with tablet chlorination and dechlorination, a 2062 gallon sludge holding tank, and an effluent weir. g. Possible toxic impacts to surface waters: chlorine, ammonia, cleaning chemicals h. Pretreatment Program (POTWs only): in development approved should be required not needed 2. Residuals handling and utilization/disposal scheme: contract hauler a. If residuals are being land applied, please specify DEM Permit Number Page 2 Residuals itractor Telephone Number b. Residuals stabilization: PSRP PFRP OTHER C. Landfill: d. Other disposal/utilization scheme (Specify): 3. Treatment plant classification (attach completed rating sheet): II 4. SIC Codes(s): 4952 Wastewater Code(s) of actual wastewater, not particular facilities i.e., non -contact cooling water discharge from a metal plating company would be 14, not 56. Primary 08 Secondary Main Treatment Unit Code: 0607 PART III - OTHER PERTINENT INFORMATION 1. Is this facility being constructed with Construction Grant Funds or are any public monies involved. (municipals only)? no 2. Special monitoring or limitations (including toxicity) requests: no 3. Important SOC, JOC, or Compliance Schedule dates: (Please indicate) no Date Submission of Plans and Specifications Begin Construction Complete Construction 4. Alternative Analysis Evaluation: Has the facility evaluated all of the non -discharge options available. Please provide regional perspective for.each option evaluated. Spray Irrigation: not evaluated Connection to Regional Sewer System: none available Subsurface: not evaluated Other disposal options: 5. Other Special Items: Pane PART IV - EVALUATION AND RECOMMENDATIONS Although the original permit was for 12,000 gpd, the anticipated flows were revised and an A to C was requested and issued for 10,000 gpd with the understanding that the permit would be modified to 10,000 gpd upon reissuance. Therefore the permit should be revised to show a permitted flow of 10,000 gpd. It is recommended that the permit be reissued as requested with the exception of the permitted flow being revised to 10,000 gpd. Signature of Report Preparer r W ter Quality egional Supervisor Date Page 4 State of North Carolina rtII Dpartment of Environment, f Health and Natural Resources Division of Environmental Management James B. Hunt, Jr., Governor . Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E., Director December 20, 1993 Mr. Nick Stefanou Bearwallow Mobile Home Park 104 Low Gap Road Hendersonville, North Carolina 28739 1!• [D FE F=?L Subject: Permit No. NCO076082 Authorization to Construct Bearwallow Mobile Home Park Wastewater Treatment Facility Henderson County Dear Mr. Stefanou: A letter of request for an Authorization to Construct was received December 11, 1992 by the Division and final plans and specifications for the subject project have been reviewed and found to be satisfactory. Authorization is hereby granted for the construction of a(T0;000 GP]7w_astew_a.�-treatment facility consisting of anfinfluent-lift-station, dual-5;000_gallon_aerationrtanks, d� ual`5;650 gallon cl—anfiers, a sludge holding�tank, and a�flow=measuring-syst6 with discharge of`tre�a� wastewater into an unnamed tributary to Clear Creek. Adequate baffling shall be added to the chlorine contact tank to prevent short circuiting and thus insure adequate contact time for disinfection. Additionally, as required by Section II, Part D-3 of NPDES Permit Number NC0076082, the flow measuring device (including the flow measuring weir) shall be designed in conformance with accepted scientific practices and 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 volume. Submission of the Engineer's Certification (as required below) shall be indicative of compliance with these baffling and flow measurement requirements. This Authorization to Construct is issued in accordance with Part III, Paragraph B of NPDES Permit No. NCO076082 issued May 18, 1989, and shall be subject to revocation unless the wastewater treatment facilities are constructed in accordance with the conditions and limitations specified in Permit No. NC0076082. The sludge generated from these treatment facilities must be disposed of in accordance with G.S. 143-215.1 and in a manner approved by the North Carolina Division of Environmental Management. In the event that the facilities fail to perform satisfactorily, including the creation of nuisance conditions, the Permittee shall take immediate corrective action, including those as may be required by this Division, such as the construction of additional or replacement wastewater treatment or disposal facilities. The Asheville Regional Office, telephone number (704)251-6208, shall be notified at least forty- eight (48) hours in advance of operation of the installed facilities so that an in -place inspection can be made. Such notification to the regional supervisor shall be made during the normal office hours from 8:00 a.m. until 5:00 p.m. on Monday through Friday, excluding State Holidays. P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-5083 FAX 919-733-9919 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper Permit No. NCO076082 Authorization to Construct Bearwallow Mobile Home Park December 20, 1993 Page 2 Upon completion of construction and prior to operation of this permitted facility, a certification must be received from a professional engineer certifying that the permitted facility has been installed in accordance with the NPDES Permit, this Authorization to Construct and the approved plans and specifications. Mail the Certification to the Permits and Engineering Unit, P.O. Box 29535, Raleigh, NC 27626-0535. Upon classification of the facility by the Certification Commission, the Perm ttee shall employ a certified wastewater treatment plant operator to be in responsible charge (ORC) of the wastewater treatment facilities. The operator must hold a certificate of the type and grade at least equivalent to or greater than the classification assigned to the wastewater treatment facilities by the Certification Commission. The Permittee must also employ a certified back-up operator of the appropriate type and grade to comply with the conditions of Title 15A, Chapter 8A, .0202. The ORC of the facility must visit each Class I facility at least weekly and each Class II, III, and IV facility at least daily, excluding weekends and holidays, and must properly manage and document daily operation and maintenance of the facility and must comply with all other conditions of Title 15A, Chapter 8A, .0202. Once the facility is classified, the Permittee must submit a letter to the Certification Commission which designates the operator in responsible charge within thirty days after the wastewater treatment facilities are 50% complete. A copy of the approved plans and specifications shall be maintained on file by the Permittee for the life of the facility. Failure to abide by the requirements contained in this Authorization to Construct may subject the Permittee to an enforcement action by the Division of Environmental Management in accordance with North Carolina General Statute 143-215.6A to 143-215.6C. The issuance of this. Authorization to Construct does not preclude the Permittee from complying with any and all statutes, rules, regulations, or ordinances which may be imposed by other government agencies (local, state, and federal) which have jurisdiction. One (1) set of approved plans and specifications is being forwarded to you. If you have any questions or need additional information, please contact Mr. Dana J. Bolden, telephone number 919/733- 5083. Si rely; 1 eston w , Jr., P.E. cc: Henderson County Health Department ' 7 gaio al�Off ce�►a * ' Training and Certification Unit Facilities Assessment Unit i4rur.a wm.7 ¢.vrsa . ----- PERMIT NO.: NCOO r1(oOA_Z_._ Modeler Date tcec. KID FACILITY NAME: Facility Status: EKWrVfG PROPOSED (circle one) Permit Status: FJ34EUiiiAL MODFlCATION UNPERMrr'1rE3) (circle one) Major MInr;, ✓_ Pipe No: ooi Design _Capacity (MGD): 0` LZ Domestic (% of Flail►): l Industrial (% of Flow): � C,� Comments: C E26�4 RECEIVING STREAK: Class: Sub -Basin: r �� ��- cam.✓•� Reference USGS Quad: F Ot -(please attach) County: Regional Office: Fa Mo . Ra Wa Wi WS (circle ewe) l Requested By. ,.JLJ-6 ��adlw, -Date: 7'Q mci Prepared By: Date: l Date: Reviewed By:__�.._ �O-9S- Avg. Streamflow (cfs): o• 79 Drainage Area (m?) d3 7Q10 (cfs) 6'/3 Winter 7Q10 (cfs) /q 30Q2 (cfs) Toxicity Limits: IWC _— % (circle one) Acute / Chronic Instream Monitoring: Parameters Upstream Location Downstream Location ent Summer cteristics Winter Fa E (mg/0 30 NHf N (mg/0 �►� D.O. (mg/0 N TSS (mg/1) 30 F. Col. (/ 100ml) 1006 pH (SU) � 1 r . ate Qa<li,.y MAD Comments: , flchavilip RPoinn,l Office ,Asheville, North Carolina PP, Request: No. :50 ------- .-------------- WAST ELOAD ALLOCATION I'ON ;NPROVAL. FORMFM.q.-'---- Water Qimhty Section Permit Number Facility Name Type of Waste Status Rece i vi n t:r ,gym Stream Class Subbasi n County Regional Office RWguest_or• Date of Request Quad NCO0 6082 BEARWALLOW VALLEY MHP DOMESTIC I�fCLEA R _REEK TROUT OhO3O2 FEB 2 4 1999 Asheville Regionafri Office .A hedin MorT Carol .', HENDERSON Drainage Area { sq mi ) 0.45 : ARC, Avera ie- Flow 0.76 . Sil:aNKLI;'1. Summer•_3410 tc_l_'s} 0.13 . 1/24/89 Winter 7Q10 (c.fs) 0.19 . F9i• E 3or;2 (cfi ) 0. 30 ------------------------- RECOMMENDED EFFLUENT LIMITS ------------____---__.---- Wa'steI ,ow (rrgd): 0.0 2 5-Day ",OD „Noni a Nitrogen (mg/1 ) a (mg/l ) t 3 0 nr e ECEAV UU Dissolved oxygen (mg/1 ) , nr• ViAR 3 1989 T :_, (mgg/1 ) ; 30 Fecal Col I I or•m (#% 100ml ) : 1000 ILI\1�irlJ Y Ei..::1NKRIr•NV Ph {SU), 6 1 :i 1. Tot . r•es . chlorine (.ug/'1) 16 I A ----------- --------------------- MONITORING ------- __.------------------- Upstream ``•'/N) . N Location., Downstream (t`/ : N Locatl o , . _elomme.,n ed by D+at _. �T HYDROMATIC IL"'ON, PUMPS 1'1�"" Bulletin SFU - 2U3 L� 1�QDL C�� DAT-A MODELS: SPGH-300, SPGH-500 & SPGH750 SUBMERSIBLE HYDR-O-GRIND 3HP, 5HP & 71/2HP SEWAGE PUMP 3450 RPM In Em 0 0 ommom MINN MINN IN oil INN mom 111111111MEMI MEM111111 ON I H am I Ilion ON CS IN saffil ammimmiolmommm No m N W. I M M No 0 moommi M 5.4 Nis M 1111mi Him 1 �91 I11111011111 �� ��RO YII ICTION 3/87 071 17OLIE �C®ENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor June 17, 2014 Mr. Nicholas Stefanou Biltmore Investments LTD 104 Low Gap Road Hendersonville, North Carolina 28739 SUBJECT: Compliance Evaluation Inspection Bear Wallow Valley MHP WWTP Permit No: NCO076082 ,Henderson County Dear Mr. Stefanou: John E. Skvarla, III Secretary Enclosed please find a copy of the Compliance Evaluation Inspection form from the inspection I conducted on May 28, 2014. The facility was found to be marginally in compliance with permit NCO076082 due to the "out of service" generator. Please respond in writing within thirty (30) days of receipt of this letter with a timetable for the repair of the generator. Mr. Kevin White, the Operator in Responsible Charge, has been doing a fine job of operating and maintaining this facility. His assistance during the inspection was greatly appreciated. Please refer to the enclosed inspection reporti for additional observations and comments. If you or your staff have any questions, please call me at 828-296-4500. Sincerely, anet Cantwell Environmental Specialist Asheville Regional Office Enclosure c�sle�wr�illeyitles MSC 1617-Central Files -Basement Kevin C. White / ORC f`l44'R14V0'`.ycndcrsim\l4'aita�aate���\IutnriV3rzr wallow Valier NIHP 7i,03=17of,3=CL-i- Water Quality Regional Operations — Asheville Regional Office 2090 U.S. Highway 70, Swannanoa, North Carolina 28778 Phone: 828-296-4500 FAX: 828-299-7043 Internet: http://portal,ncdenr.org/web/wq An Equal Opportunity 1 Affirmative Action Employer United States Environmental Protection Agency Form Approved. E P a Washington, D.C. 20460 OMB No. 2040-0057 Water Compliance Inspection Report Approval expires B-31-98 Section A: National Data System Coding (i.e., PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 IN 1 2 3 I N00076082 I11 12 14/05/28 17 18 1,1 19 L.!j 201 21111III IIIIIII1IIIIIIIIII11IIIII IIIIIII1III t66 Inspection Work Days Facility Self -Monitoring Evaluation Rating B1 QA ----------- --Reserved---------- 67 701 I 71 I I 72 L NJ 731 1 174, 75I I I I I I I I80 LJ li u I I I Section B: Facility Data Name and Location of Facility Inspected (For Industrial Users discharging to POTW, also include Entry Time/Date Permit Effective Date POTW name and NPDES permit Number) 10:30AM 14/05/28 11/02/01 Bear Wallow Valley MHP WWTP Exit Time/Date Permit Expiration Date Bearwallow Rd NCSR 1587 11:30AM 14/05/28 15/11/30 Hendersonville NC 28792 Name(s) of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data Kevin C White/ORC/828-289-2165/ Name, Address of Responsible Official/Title/Phone and Fax Number Contacted Nicholas Stefanou,104 Low Gap Rd Hendersonville NC 28739//828-685-3881/ 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) of Inspectors) Agency/Office/Phone and Fax Numbers Date Janet Cantwell ARO WQ//828-296-4500 Ext.4667/ z 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 NCO076082 I11 12 14/05/28 17 18 JCJ Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) The kind assistance of Mr. Kevin White/ ORC was appreciated during this inspection Below is a summary recap of findings: The permit will expire November 30, 2015. At the time of the inspection, Mr. White/ ORC was in the process of repairing the chlorine contact basin. The plant and the grounds were neatly maintained. The log book was present on site and contained appropriate records. This facility is permitted for "instantaneous flow." The screening debris is disposed in the dumpster. The audible alarm was operable. A bulb for the visual alarm will be replaced by the ORC. This facility has dual aeration basins and dual clarifiers. Mr. White stated the sludge blanket is kept low. The ORC stated they use Biomax dechlorination tablets. The permit requires grab samples. Mr. White stated that the generator has been down about two years and was told that a transfer switch may need replacement to make it operable again. He also stated he would look into this repair and get back with this office with an answer. Page# 2 Permit: NCO076082 Owner -Facility: Bear Wallow Valley MHP WWrP Inspection Date: 05/28/2014 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 El ® ❑ application? El El 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 permit will expire November 30, 2015 Operations & Maintenance Yes No Na Ne 11 El El El Is the plant generally clean with acceptable housekeeping? a Does the facility analyze process control parameters, for ex: MLSS, MCRT, Settleable Solids, pH, DO, Sludge Judge, and other that are applicable? Comment: At the time of the inspection, Mr. White/ ORC was in the process of repairing the chlorine contact basin. The plant and the grounds were neatly maintained. Record Keeping Yes No Na Ne N El El El 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)? ❑ 0 ❑ Are analytical results consistent with data reported on DMRs? ❑ El 0 IN Is the chain -of -custody complete? Dates, times and location of sampling El Name of individual performing the sampling Results of analysis and calibration Dates of analysis El 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? El El ® ❑ (If the facility is = or > 5 MGD permitted flow) Do they operate 24/7 with a certified operator on each shift? 11 0 El El Is the ORC visitation log available and current? Page# 3 Permit: NCO076082 Owner -Facility: Bear Wallow Valley MHP WWTP Inspection Date: 05/28/2014 Inspection Type: Compliance Evaluation Record Keeping Yes No Na Ne Is the ORC certified at grade equal to or higher than the facility classification? OX Is the backup operator certified at one grade less or greater than"the facility classification? M 1-1 El 11 Is a copy of the current NPDES permit available on site? M 11 El El Facility has copy of previous year's Annual Report on file for review? El El 0 D Comment: The log book was present on site and contained appropriate records Flow Measurement - Effluent Yes No Na Ne # Is flow meter used for reporting? M El Is flow meter calibrated annually? El El 0 El Is the flow meter operational? El El N El (If units are separated) Does the chart recorder match the flow meter? Comment: This facility is permitted for "instantaneous flow." Bar Screens Yes No Na Ne Type of bar screen a.Manual b.Mechanical Are the bars adequately screening debris? Is the screen free of excessive debris? Is disposal of screening in compliance? M El El El Is the unit in good condition? Comment: The screening debris is disposed in the dumpster Equalization Basins Yes No Na Ne El 0 El Is the basin aerated? Is the basin free of bypass lines or structures to the natural environment? Is the basin free of excessive grease? Are all pumps present? N Are all pumps operable? N Are float controls operable? Are audible and visual alarms operable? NO # Is basin size/volume adequate? Page# 4 Permit: NCO076082 Inspection Date: 05/28/2014 Owner -Facility: Bear Wallow Valley MHP WWTP Inspection Type: Compliance Evaluation Equalization Basins Yes No Na Ne Comment: The audible alarm was operable. A bulb for the visual alarm will be replaced by the ORC. Aeration Basins Yes No Na Ne Ext. Air Mode of operation . Diffused Type of aeration system ® ❑ ❑ ❑ Is the basin free of dead spots? ❑ ❑ It ❑ Are surface aerators and mixers operational? ® ❑ ❑ ❑ Are the diffusers operational? ® ❑ ❑ ❑ Is the foam the proper color for the treatment process? It ❑ ❑ ❑ Does the foam cover less than 25% of the basin's surface? ❑ ❑ ❑ Is the DO level acceptable? ❑ ❑ ❑ Is the DO level accept2ble?(1.0 to 3.0 mg/1) Comment: This facility has dual aeration basins. Secondary Clarifier Yes No Na Ne ® ❑ ❑ ❑ Is the clarifier free of black and odorous wastewater? ❑ ❑ ® ❑ Is the site free of excessive buildup of solids in center well of circular clarifier? ® ❑ ❑ ❑ Are weirs level? ® ❑ ❑ ❑ Is the site free of weir blockage? ® ❑ ❑ ❑ Is the site free of evidence of short-circuiting? El ❑ Is scum removal adequate? Is ® ❑ ❑ ❑ Is the site free of excessive floating sludge? ❑ ❑ ® ❑ Is the drive unit operational? ❑ ❑ ❑ Is the return rate acceptable (low turbulence)? ® ❑ ❑ ❑ Is the overflow clear of excessive solids/pin floc? ® ❑ ❑ ❑ Is the sludge blanket level acceptable? (Approximately'/4 of the sidewall depth) Comment: The facility has dual clarifiers. Mr. White stated the sludge blanket is kept low. Disinfection -Tablet Yes No Na Ne Are tablet chlorinators operational? ® ❑ ❑ ❑ Are the tablets the proper size and type? ® ❑ ❑ El Page# 5 Permit: NCO076082 Owner -Facility: Bear Wallow Valley MHP WWrP Inspection Date: 05/28/2014 Inspection Type: Compliance Evaluation Disinfection -Tablet Yes No Na Ne Number of tubes in use? 2 Is the level of chlorine residual acceptable? ❑ El ❑ K Is the contact chamber free of growth, or sludge buildup? X ❑ Is there chlorine residual prior to de -chlorination? El ETEI X Comment: At the time of the inspection, the ORC was making repairs to the chlorine contact basin. De -chlorination Yes No Na Ne Type of system ? Tablet 9 El El 11 Is the feed ratio proportional to chlorine amount (1 to 1)? ❑ Is storage appropriate for cylinders? Of 1:1 El El # Is de -chlorination substance stored away from chlorine containers? Comment: Are the tablets the proper size and type? M Are tablet de -chlorinators operational? ® ❑ ❑ ❑ Number of tubes in use? 2 Comment: The ORC stated they use Biomax dechlorination tablets. Effluent Sampling Yes No Na Ne ❑ ❑ M El Is composite sampling flow proportional? In ❑ ❑ Is sample collected below all treatment units? ® ❑ ❑ ❑ Is proper volume collected? ❑ ❑ 0 El Is the tubing clean? 11 El M El # Is proper temperature set for sample storage (kept at less than or equal to 6.0 degrees Celsius)? Is the facility sampling performed as required by the permit (frequency, sampling type representative)? Comment: The permit requires grab samples. Effluent Pipe Yes No Na Ne N El ❑ El 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? El El ® ❑ Comment: Page# 6 PV Permit: NC0076082 Inspection Date: 05128/2014 Standby Power Is automatically activated standby power available? Owner -Facility: Bear Wallow Valley MHP WWTP Inspection Type: Compliance Evaluation Is the generator tested by interrupting primary power source? Is the generator tested under load? Was generator tested & operational during the inspection? Do the generator(s) have adequate capacity to operate the entire wastewater site? Is there an emergency agreement with a fuel vendor for extended run on back-up power? Is the generator fuel level monitored? Comment: Mr. White stated that the generator has been down about two years and was told that a transfer switch may need replacement to make it operable again. He also stated he would look into this repair and get back with this office with an answer. Yes No Na Ne ❑ ❑ ❑ 11 ❑ ❑ ❑ ME ❑ ❑ ❑ ❑ ❑ ❑ ❑❑❑® ❑ ❑ ❑ ❑ ❑ ❑ 11 Page# 7 NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Governor Director February 23, 2011 Mr. Walter T. McGee, President Biltmore Investments LTD P.O. Box 745 Hendersonville, North Carolina 28793 Subject: NOTICE OF VIOLATION NOV-2011-MV-0057 Permit No. NCO076082 Bear Wallow Valley MHP WWTP Henderson County Dear Mr. McGee: Dee Freeman Secretary A review of Bear Wallow Valley MHP WWTP's monitoring report for September 2010 showed the following violations: Parameter Date Measuring Frequency Violation pH Week ending 09/04/2010 Weekly Failure to Monitor Temperature Week ending 09/04/2010 Weekly Failure to Monitor It was also noted that the Compliance box on the back of the DMR was marked "Compliant" when in fact it should have been marked "Non -Compliant" with an explanation for the non-compliance. If the above parameter was left off inadvertently, please send an amended DMR within 10 business days of receipt of this letter to Raleigh at the address found on the front page of your DMR and also a copy to this office. Remedial actions should be taken to correct this problem. The Division of Water Quality may pursue enforcement action for this and any additional violations of State law. If you should have any questions, please do not hesitate to contact Janet Cantwell at 828/296-4500. Sincerely, Roger C. Edwards, Regional Supervisor Surface Water Protection Section DWQ Central Files .Kevin C. White/ ORC S:\SWP\Flenderson\Wastewater\Minors\Bear Wallow Valley MHP 76082\NOV-2.0,11-MV-0057.doc N - 9ne Carolina atura!!y North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, N.C. 28778 Phone(828)296-4500, Customer Service Internet: www.ncwaterguality.org FAX (828)299-7043 1-877-623-6748 _ NC®ENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary SURFACE WATER PROTECTION SECTION September 14, 2010 Mr. Walter McGee, President Biltmore Investments Ltd. PO Box 745 Hendersonville, NC 28739 SUBJECT: Compliance Evaluation Inspection Bear Wallow Valley MHP WWTP Permit No: NCO076082 Henderson County Dear Mr. McGee: Enclosed please find a copy of the Compliance Evaluation Inspection report from the inspection conducted on August 26, 2010. The facility was found to be in compliance with permit NC0076082. 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 M. Kevin White, ORC Central Files Fshevilfe F-'iles S:\SWP\Henderson\Wastewater\Minors\Bear Wallow Valley MHP 76082\CE1.8-26-1o.doc SURFACE WATER PROTECTION — ASHEVILLE REGIONAL OFFICE One Location: 2090 U.S. Highway 70, Swannanoa, NC 28778 NorthCarolina Phone: (828) 296-4500 \ FAX: 828 299-70431 Customer Service: 1-877-623-6748 Naturally Internet: www.ncwatergualitV.org United States Environmental Protection Agency Form Approved. EPA Washington, D.C. 20460 OMB No. 2040-0057 Water Compliance inspection Report Approval expires 8-31-98 Section A: National Data System Coding (i.e., PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 I NI 2 15I 31 NCO076082 111 121 10/08/26 117 181 CI 19I SI 20III Remarks 211 1 1 1 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I 1 1 1 1 1 1 16 Inspection Work Days Facility Self -Monitoring Evaluation Rating Bi QA ------------Reserved---------------- 67I 1.0 169 701 31 711 I 721 NJ 73 LU 74 751 I I I I I I 180 Section B: Facility Data Name and Location of Facility Inspected (For Industrial Users discharging to POTW, also include Entry Time/Date Permit Effective Date POTW name and NPDES permit Number) 10:00 AM 10/08/26 06/12/01 Bear Wallow Valley MHP WWTP Exit Time/Date Permit Expiration Date Bearwallow Rd NCSR 1587 Hendersonville NC 28792 10:45 AM 10/08/26 10/11/30 Name(s) of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data Kevin C White/ORC/828-289-2165/ Name, Address of Responsible Official/Title/Phone and Fax Number Nicholas Stefanou,104 Low Gap Rd Hendersonville NC Contacted 28739//828-685-3881/ No Section C: Areas Evaluated During Inspection (Check only those areas evaluated) Permit N 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 Z/ ,L4 e- Z:&_ V//?- EPA FoJ3560-3 (Rev 9-94) Previous editions are obsolete. Page # 1 NPDES yr/mo/day Inspection Type 3I NC0076082 I11 12I 10/08/26 117 18Icl (cont.) Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) FACILITY DESCRIPTION: The Biltmore Investments, Ltd. — Bear Wallow Mobile Home Park WWTP is a class II facility rated as a 0.010 MGD WWTP consisting of. 550 gallon influent lift station with dual pumps and dual high water alarms; 4100 gallon circular concrete flow equalization basin with duplex alternating submersible pumps (Barnes, Y2 HP, 21 gpm) and dual alarms; manual bar screen; flow splitter box; dual 5000 gallon (each) aeration basins with dual blowers (375 cfm) providing diffused air; dual 5200 gallon (each) clarifiers with skimmers and sludge returns; 2062 gallon aerobic digestor with dual submersible pumps; calcium hypochlorite tablet chlorinator; 1031 gallon chlorine contact chamber; sodium sulfite tablet dechlorinator; effluent weir; Isco 4230 bubbler flow meter with recorder; and 10 KW propane emergency generator with propane tank. A to C # 076082A01: For flow equalization basin — issued 12-1-06 & approved 3-12-07 J. Thurman Horne, P.E. (704-788-4455) A to C # 076082: Certified 4-6-00 by William G. Lapsley, P.E. A to C Modified flow to 0.010 MGD on 12-20-93 Annual Average Flow: 0.0076 MGD (3 year average — 2007-2010). Development: Consists of 49 mobile homes. Sludge Management: Commercial hauler (Mike's Septic Service) to the City of Brevard's WWTP and MSD's WWTP. PERMIT / INSPECTION / LOG: A review of the files indicates that the last compliance evaluation inspection was conducted on 3-11-2009 by Janet Cantwell. The permit expires on 11-30-2010. Your request for permit renewal was received by the Division on 4-1-2010. The daily operator log was present on -site and had good notation of daily events, process control and field testing data. TREATMENT UNITS / PROCESS CONTROL TESTING DATA: The activated sludge aeration basin process control data was as follows: Temperature = 24.0 degrees Celsius pH = 6.7 units Dissolved Oxygen = 5.7 mg/I Page # 2 Permit: NCO076082 Inspection Date: 08/26/2010 Owner - Facility: Bear Wallow Valley MHP WWTP Inspection Type: Compliance Evaluation Settleable Solids = 250 ml/I = 25% EFFLUENT: The effluent data was as follows: Dissolved Oxygen = 5.9 mg/I pH = 6.7 units Temperature = 25.0 degrees Celsius Chlorine = < 25 ug/I FLOW MEASUREMENT: The flow meter was last calibrated on 4-13-2010. OPERATIONS AND MAINTENANCE / EFFLUENT / SUMMARY: Mr. Kevin White, ORC, assisted in the inspection and appears to be operating and maintaining the facility very well. The effluent was clear and appeared to be in compliance with permit limits. SYSTEM PERFORMANCE ANNUAL REPORT: The 2009 System Performance Annual Report was received by the Division on 2-4-2010. Page # 3 Permit: NCO076082 Owner - Facility: Bear Wallow Valley MHP WWfP Inspection Date: 08/2612010 Inspection Type: Compliance Evaluation (If the present permit expires in 6 months or less). Has the permittee submitted a new application? 00011 Is the facility as described in the permit? ■ n n n # Are there any special conditions for the permit? 0 ■ 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: Operations $ Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? ■ I] n n Does the facility analyze process control parameters, for ex: MLSS, MCRT, Settleable Solids, pH, DO, Sludge ■ n n n Judge, and other that are applicable? Comment: Pump Station - Influent Yes No NA NE Is the pump wet well free of bypass lines or structures? ■ n n n Is the wet well free of excessive grease? ■ ❑ 0 ❑ Are all pumps present? ■ n n n Are all pumps operable? ■ ❑ ❑ Are float controls operable? ■ n n n Is SCADA telemetry available and operational? n n n ■ Is audible and visual alarm available and operational? ■ n n n Comment: Equalization Basins Yes No NA NE Is the basin aerated? ■ ❑ fl ❑ Is the basin free of bypass lines or structures to the natural environment? ■ n n n Is the basin free of excessive grease? ■ n n n Are all pumps present? ■ n n n Are all pumps operable? ■ n n n Are float controls operable? ■ n n n Are audible and visual alarms operable? ■ n n n # Is basin size/volume adequate? ■ n n n Comment: Page # 4 Permit: NCO076082 Inspection Date: 08/26/2010 Bar Screens Type of bar screen a.Manual b.Mechanical Are the bars adequately screening debris? Is the screen free of excessive debris? Is disposal of screening in compliance? Is the unit in good condition? Comment: Aeration Basins Mode of operation Type of aeration system Is the basin free of dead spots? Owner -Facility: Bear Wallow Valley MHP WWTP Inspection Type: Compliance Evaluation Are surface aerators and mixers operational? Are the diffusers operational? Is the foam the proper color for the treatment process? Does the foam cover less than 25% of the basin's surface? Is the DO level acceptable? Is the DO level acceptable?(1.0 to 3.0 mg/1) Comment: Secondary Clarifier Is the clarifier free of black and odorous wastewater? Is the site free of excessive buildup of solids in center well of circular clarifier? Are weirs level? Is the site free of weir blockage? Is the site free of evidence of short-circuiting? Is scum removal adequate? Is the site free of excessive floating sludge? Is the drive unit operational? Is the return rate acceptable (low turbulence)? Ext. Air Diffused ■nnn nn■n ■❑nn ■nnn ■nnn ■nnn nn■n Page # 5 Permit: NC0076082 Inspection Date: 08/26/2010 Owner -Facility: Bear Wallow Valley MHP WWTP Inspection Type: Compliance Evaluation Secondary Clarifier Is the overflow clear of excessive solids/pin floc? Is the sludge blanket level acceptable? (Approximately'/ of the sidewall depth) Comment: Disinfection -Tablet Are tablet chlorinators operational? Are the tablets the proper size and type? Number of tubes in use? Is the level of chlorine residual acceptable? Is the contact chamber free of growth, or sludge buildup? Is there chlorine residual prior to de -chlorination? Comment: 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: Standby Power Is automatically activated standby power available? Is the generator tested by interrupting primary power source? Is the generator tested under load? Was generator tested & operational during the inspection? Do the generator(s) have adequate capacity to operate the entire wastewater site? Is there an emergency agreement with a fuel vendor for extended run on back-up power? Is the generator fuel level monitored? Comment: 0000 ■nnn Page # 6 Permit: NC0076082 Inspection Date: 08/26/2010 Owner -Facility: Bear Wallow Valley MHP WWTP Inspection Type: Compliance Evaluation Effluent Pipe Is right of way to the outfall properly maintained? Are the receiving water free of foam other than trace amounts and other debris? If effluent (diffuser pipes are required) are they operating properly? Comment: Yes No NA NE ■nnn ■nnn 0Cl00 Page # 7 (-QU `j'GOBZ' = �D Annual Wastewater Treatment System Performance Report For Bearwallow Valley MHP For the Operating Period January 1 — December 31, 2009 Preface On July 20, 1999, the North Carolina General Assembly ratified House Bill 1160, the Clean Water Act of 1999, which placed significant new reporting requirements on those entities that own or operate wastewater treatment and collection systems. Specific items include: 1. A Spill Response Plan 2. Sewer Collection System Operation and Maintenance Plan 3. Annual Performance Report These new requirements became effective on October 1, 1999. This report is designed to meet the minimum requirements for the Annual Performance Report established by the North Carolina Department of Environment and Natural Resources (NCDENR) as set forth in their guidance document dated October 19,1999. This law was established to provide a mechanism for public to instill public confidence), in owners and operators of wasl and in their efforts to protect the waters of the state. FEB ®4 2010 s? � j LLB' f � 7 �, FEB — 8 2010 s WATER QUALITY SECTION " �ASHEVtLLE REGIONAL OF FICE ram... ._ f I. General Information Facility/System Name: Responsible Entity: Person(s) in Charge/Contact: Applicable Permits: Bearwallow WWTP Henderson County Biltmore Investments, Ltd. Walter McGee — Owner Kevin C. White — Operator in Responsible Charge (ORC) NPDES 4 NC0076082 Description of Treatment Process, Collection System and Facility Served: Treatment Process — The treatment facility is a typical "Extended Aeration" process capable of treating .010 Million Gallons Per Day (MGD). The facility consists of a 4,100 gallon Flow Equalization Basin. The EQ basin consists of one electrical panel which controls the pumps by a float system, an audio/visual alarm system, a bar screen, dual 1 /2 horsepower pumps, and a splitter box that distributes the flow equally and at a desired rate to the treatment facility. Two gravity emergency overflow pipes are also provided. The treatment facility consists of dual aeration basins @ 5,000 gallons each, two clarifiers @ 5,200 gals. each, a chlorine contact chamber @ 1,031 gals., a DeChlorination unit, and a sludge holding aerobic digester @2,062 gallons capacity. The treated effluent is discharged into an unnamed tributary to Clear Creek in the French Broad River Basin. Collection System — The collection system is a standard gravity design consisting of 8-inch pipe with pre -cast manholes. The wastewater is collected at a pre -cast lift station @ 550 gallons capacity and pumped through a 2-inch force main to the Flow Equalization Basin. The lift station consists of one electrical panel, dual 1 horsepower pumps and an audio/visual alarm system. The collection system was designed to meet all state standards for collection systems. Facilities Served — This system serves Bearwallow Valley MHP. II. WWTP Performance All operating parameters were in compliance with NPDES Permit limits for 2009. We take pride in our efforts to protect the local environment and the quality of the waters in our streams. III. Collection System Performance The collection system experienced no significant problems for the reporting period. Whitewater Environmental, LLC maintains a routine operation and maintenance plan for the system. IV. Notification A notice advising of the availability of this report will be sent to each user. A copy of this Report is available to interested persons in office of: Bearwallow Valley MHP C/o Biltmore Investments, Ltd. P.O. Box 745 Hendersonville, N.C. 28793 Kevin C. White Whitewater Environmental, LLC 417 C.C. Lovelace Rd. Rutherfordton, N.C. 28139-8345 As required, three copies of this report are being provided to NCDWQ. V. Certification I certify that under penalty of law that this report is complete and accurate to the best of my knowledge. r - && —�—� Ke in C. White Date This report was prepared by: Kevin C. White Whitewater Environmental, LLC 417 C.C. Lovelace Rd. Rutherfordton, N.C. 28139-8345 828-289-2165 khitewater@bellsouth.net gA -RE . ENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Governor Director March 13, 2009 Mr. Walter McGee Biltmore Investments LTD P.O. 745 Hendersonville, North Carolina 28793 Dear Mr. McGee: Dee Freeman Secretary SUBJECT: Compliance Sampling Inspection Status: Compliant Bear Wallow Valley MHP WWTP Permit No: NCO076082 Henderson County Enclosed please find a copy of the Compliance Sampling Inspection form from the inspection conducted on March 11, 2009. The facility appeared to be in compliance with permit NC0076082. The kind assistance of Mr. Kevin White during the inspection was appreciated. He is doing a fine job of operating and maintaining this facility. Effluent samples were collected during the inspection and have been sent to the lab for analysis. Sample results will be sent separately. 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, Ot�� J et Can Environmental Specialist Enclosure —DVV AshevCl( Fifes 1 DWQ Central Files Kevin C. White/ ORC w/ attachment G:\WPDATA\DEMWQ\Henderson\76082 Bear Wallow Valley MHP\76082-CS1.09.doc SURFACE WATER PROTECTION — ASHEVILLE REGIONAL OFFICE One Location: 2090 U.S. Highway 70, Swannanoa, NC 28778 NorthCarolina Phone: (828) 296-4500\FAX: 828 299-7043\Customer Service: 1-877-623-6748 ��tll�gl�� Internet: www.ncwaterguality.orq United States Environmental Protection Agency Form Approved. E P ^jr..� 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 31 NCO076082 Ill 121 09/03/11 117 181sl 191sl 20I II Remarks 211 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I l- I I I 116 Inspection Work Days Facility Self -Monitoring Evaluation Rating 81 QA --------------------------- Reserved ---------------------- 67I 169 701 I 71 U 721 NI 73I Iw 174 751 I I I I I Li 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) 12:55 PM 09/03/11 06/12/01 Bear Wallow Valley MHP WWTP Exit Time/Date Permit Expiration Date Bearwallow Rd NCSR 1587 Hendersonville NC 28792 01:55 PM 09/03/11 10/11/30 Name(s) of Onsite Representative (s)/Titles(s)/Phone and Fax Number(s) Other Facility Data Kevin C White/ORC/828-289-2165/ Name, Address of Responsible Official/Title/Phone and Fax Number Nicholas Stefanou,104 Low Gap Rd Hendersonville NC Contacted 28739//828-685-3881/ No Section C: Areas Evaluated During Inspection (Check only those areas evaluated) Permit En Flow Measurement Operations & Maintenance Records/Reports Self -Monitoring Program 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 a nt Reviewer Agency/Office/Phone and Fax Numbers Date la, OCR EPA Form 3560-3 (Rev 9-94) Previous editions are obsolete. Page # 1 NPDES yr/mo/day Inspection Type NCO076082 I11 12I 09/03/11 1 17 18ISI (cont.) Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) Kevin White/ORC assisted in the inspection of this facility. This permit will expire November 30, 2010. Please request a permit renewal 180 days prior to expiration. The EQ basin audible and visual alarms were tested during the inspection and were operable. The records and reports were available on site and the logbook contained excellent documentation. The flowmeter was calibrated March 20, 2008. The effluent was clear. Hand rails should be installed between the EQ basin and the main plant for the safety of the operator. Effluent samples were collected during the inspection and have been sent to the lab for analysis. The sampling report will be sent separately. Page # 2 Permit: NCO076082 Inspection Date: 03/11/2009 Permit Owner -Facility: Bear Wallow Valley MHP WWTP Inspection Type: Compliance Sampling (If the present permit expires in 6 months or less). Has the permittee submitted a new application? Is the facility as described in the permit? # Are there any special conditions for the permit? Is access to the plant site restricted to the general public? Is the inspector granted access to all areas for inspection? Comment: This permit will expire November 30, 2010. Please request a permit renewal 180 days prior to expiration. Yes No NA NE nn®n Operations & Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? ® n n n Does the facility analyze process control parameters, for ex: MLSS, MCRT, Settleable Solids, pH, DO, Sludge ® n n n Judge, and other that are applicable? Comment: This facility is well operated and maintained. Record Keeping Yes No NA NE Are records kept and maintained as required by the permit? n n n Is all required information readily available, complete and current? ® n n 171 Are all records maintained for 3 years (lab. reg. required 5 years)? n n n Are analytical results consistent with data reported on DMRs? n n n E3 Is the chain -of -custody complete? n n ❑ Dates, times and location of sampling n Name of individual performing the sampling n Results of analysis and calibration n Dates of analysis n Name of person performing analyses n Transported COCs n Are DMRs complete: do they include all permit parameters? En n n Has the facility submitted its annual compliance report to users and DWQ? ® n n n (If the facility is = or > 5 MGD permitted flow) Do they operate 24/7 with a certified operator on each shift? n n ® n Is the ORC visitation log available and current? M n n n Is the ORC certified at grade equal to or higher than the facility.classification? ® ❑ n Is the backup operator certified at one grade less or greater than the facility classification? ® n n n Page # 3 Permit: NCO076082 Owner - Facility: Bear Wallow Valley MHP WWTP Inspection Date: 03/11/2009 Inspection Type: Compliance Sampling Record Keeping Yes No NA NE 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: The logbook contained excellent documentation. Flow Measurement - Influent Yes No NA NE # Is flow meter used for reporting? n n n Is flow meter calibrated annually? ® ❑ ❑ Is the flow meter operational? n n n (If units are separated) Does the chart recorder match the flow meter? Q 11 n Comment: Flowmeter was calibrated March 20, 2008. Equalization Basins Yes No NA NE Is the basin aerated? p2 n n n Is the basin free of bypass lines or structures to the natural environment? ®❑ ❑ ❑ Is the basin free of excessive grease? n n n Are all pumps present? n n n Are all pumps operable? n n n Are float controls operable? ® n n n Are audible and visual alarms operable? ® n n n # Is basin size/volume adequate? n n n Comment: The EQ basin audible and visual alarms were tested during the inspection and were operable. Hand rails should be installed between the EQ basin and the main plant. Aeration Basins Yes —No NA NE Mode of operation Ext. Air Type of aeration system Diffused Is the basin free of dead spots? n n n Are surface aerators and mixers operational? n n ® n Are the diffusers operational? ® n n n Is the foam the proper color for the treatment process? ® n n n Does the foam cover less than 25% of the basin's surface? n n n Is the DO level acceptable? n n n Page # 4 M1 Permit: NCO076082 Owner - Facility: Bear Wallow Valley MHP WWTP Inspection Date: 03/11/2009 Inspection Type: Compliance Sampling Aeration Basins Yes No NA NE Is the DO level acceptable?(1.0 to 3.0 mg/1) n n n ♦� Comment: Secondary Clarifier Yes No NA NE Is the clarifier free of black and odorous wastewater? l n n n Is the site free of excessive buildup of solids in center well of circular clarifier? n n ® n Are weirs level? ®n n n Is the site free of weir blockage? 0 n n n Is the site free of evidence of short-circuiting? f 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)? M n n n Is the overflow clear of excessive solids/pin floc? n n n Is the sludge blanket level acceptable? (Approximately'% of the sidewall depth) n n n In Comment: Disinfection -Tablet Yes No NA NE Are tablet chlorinators operational? n n n Are the tablets the proper size and type? ® o n n Number of tubes in use? 1 Is the level of chlorine residual acceptable? M n n n Is the contact chamber free of growth, or sludge buildup? ® n n n Is there chlorine residual prior to de -chlorination? n n n Comment: De -chlorination Yes No NA NE Type of system ? Tablet Is the feed ratio proportional to chlorine amount (1 to 1)? n n [ n Is storage appropriate for cylinders? n n n. # Is de -chlorination substance stored away from chlorine containers? 0 n 00 Comment: Are the tablets the proper size and type? ®n n n Page # 5 Permit: NC0076082 Inspection Date: 03/11/2009 De -chlorination Are tablet de -chlorinators operational? Number of tubes in use? Comment: Owner - Facility: Bear Wallow Valley MHP WWTP Inspection Type: Compliance Sampling Yes No NA NE ®nnn Page # 6 rJ JV (DB Laboratoa Section Wesufts County: HENDERSON Sample ID: AB41822 River Basin FRB ���F� PO Number # ARID Report To AROSP Date Received: 03/11/2009 C7 7' r Collector: J CANTWELL = 'i Time Received: 15:00 Labworks LoginlD KJIMISON Region: ARO Date Reported: 5/8/09 Sample Matrix: Wastewater Loc. Type: EFFLUENT Report Generated: 05/08/2009 Emergency Yes/No VisitlD COC Yes/No Loc. Descr.¢ BEAMFiULL�3y9f W- Location ID: NCO076082 Collect Date: 03/11/2009 Collect Time:: 13:00 Sample Depth Sample Qualifiers and Comments E RT DAT,,=-:g 1. Routine Qualifiers For a more detailed description of these qualifier codes refer to www.dwqlab.org under Staff Access A -Value reported is the average of two or more determinations N3-Estimated concentration is < PQL and >MDL B1-Countable membranes with <20 colonies; Estimated B2- Counts from all filters were zero. NE -No established PQL 63- Countable membranes with more than 60 or 80 colonies; Estimated P-Elevated PQL due to matrix interference and/or sample dilution 84-Filters have counts of both >60 or 80 and < 20; Estimated Q1-Holding time exceeded prior to receipt at lab. B5-Too many colonies were present; too numerous to count (TNTC) Q2- Holding time exceeded following receipt by lab PQL- Practical Quantitation Limit -subject to change due to instrument sensitivity J2- Reported value failed to meet QC criteria for either precision or accuracy; Estimated U- Samples analyzed for this compound but not detected J3-The sample matrix interfered with the ability to make any accurate determination; Estimated X1- Sample not analyzed for this,'comp ound 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 ARO Laboratory Section>> 1623 Mail Service Center, Raleigh, NC 27699-1623 (919) 733-3908 MAY 2 7 2009 Page 1 of 2 f WATER QUALITY SECTION ASHEVILLE REGIONAL OFFICE NC 1DWQ Laboratory Section Results Sample ID AB41822 Location ID: , N00076082 Collect Date: 03/11/2009 Loc. Descr.: BEARWALLOW WWTP Collect Time:: 13:00 f Visit ID CAS # Analyte Name PQL Result ctuauner units Anaiysvuate Approvea tsy /uate Method Reference 3/11/09 3/12109 BOD, 5-Day In liquid 2.0 9.1 mg/L KJIMISON CGREEN Method Reference APHA5210B 3112109 3/23/09 Coliform, MF Fecal In liquid 1 4 CFU/100ml KJIMISON CGREEN Method Reference APHA9222D-20th 3/11109 3/23109 Residue —Suspended In liquid 6.2 8.9 mg/L KJIMISON CGREEN Method Reference APHA2540D-20th 3/13109 3/23109 Laboratory Section>> 1623 Mall Service Center, Raleigh, NC 27699-1623 (919) 733-3908 Page 2 of 2 „DfVISION OF WATER QUALITY WATER QUALITY FIELD -LAB FORM (DM1) COUNTY PRIORITY SAMPLETYPE RIVER BASIN)Fx.AMBIENT ❑ STREAM FFLIENT 0 REPORT T ARO RO .\IRO RRO WaRO WiRO WSROTS ATBM,COMPLIANCE ❑ LAKE ❑ h''rL -ENT Other Shipped hy: Bus. Courier. Staff. Other ❑EMERGENCY ❑ ESTUARY COLLECTOR(SI,7—, �JT/[9® FiL�.m�� /��% Estimated BOD Range•. 0-5/5-25/25-65/40-130 or 100 plus STATION LOCATION:49&&AA�� r -` Dv Seed: Yes ❑ No ❑ Chlorinated: Yes❑ No ❑ P­ 1 �i, 17c cWt V Lab Number: Date Received: kk.Cll Time: ( Rec'd by: DATA ENTRY BY: From: Bus -Courier -Hand Del. CK: DATE- REPORTED: Stat' k Date Begin (yy.!mntldd) Time Begin Datz End Time End Depth DM DB DBM Value Tape Composite Sample Type A 1-1 L T. S B C G GNXX 1 y” BOD5 310 mJL 2 COD High 340 mg/L 3 COD Low 335 mg/L 4 C.lif.rm: MF Fecal 31616 /loom] 5 Colilbrn: \dFTotal31504 /100ml 6 Colifomr: Tube Fecal 31615 1100m1 7 Colifonn: Fecal Strcp 31673 !loom] 8 Residue. Total 500 mg/L 9 Volatile 505 mg/L 10 Fixed 510 mg/L I I Residue: Suspended 530 mg/L 12 Volatile 535 mJL 13 Fixed 540 mg/L 14 pH 403 units 15 Acidity to pH 4.5 436 mg/L 16 Acidity to pH 3.3 435 mJL 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 Chl a 70953 µgiL Color: True 80 Pt -Co Color:(pH ) 83 ADMI Color pH'. 6 82 A.DMI Cyanide 720 mgil- -------------- Fluoride 951 ms�L Formaldehyde 71880 mg/L Grease and Oils 556 m__,/L Hardness Total 900 ma!L Specific Cord. 95 MBAS 38260 mg/L Phenols 32730 µJL Sulfate 945 mg/L Snlfide 745 mg!L NH3 as N 610 mg/L TKN as N 625 rng/L NO2 plus 1,103 as N 630 mg!l. P: Total as P 665 mJL PO4 as P 665 mg/]- P: Dissolved as P 666 mg/L Cd-Cadmium 1027 µJL Cr-Chromium;Total 1034 µg!L Cu-Copper 1042 pg%L Ni-Nickel 1067 µL/L Pb-Lead 1051 pg/L Zn-Zinc 1092 pg1L Ag-Silver 1077 pg/L AI -Aluminum 1105 µJL Be -Beryllium 1012 pg%L Ca -Calcium 916 mg/L Cofioball 1037 µJL Fe -Iron 1045 pg/L Li -Lithium 1132 µJL Mg; Magnesium 927 mg/L Mn-Manganese 1055 pJL Na-Sodium 929 mJL Arsenic:Total 1002 1tg/L Se -Selenium 1147 pg!L Hg-Mercury 71900 µJL Oruanochlorine Pesticides Organophosphorus Pesticides Acid Herbicides Base Nieutral Extractable Organics Acid Extractable Organics Purgeable Organics (VOA battle req'dl Phytoplankton Lab Use Only n / Temperature on arrival: Sampling Point % Conductance at 25"C Water Temperature °C D.O. m fL PH Alkalinity Acidity Air Tem eramre °C H9.3 pH45 pH45 PH93 2 4 0 300 400 82244 431 82243 82242 0 Salinity %a Precipitation (iniday) I Cloud Cover % Wind Direction (Deg) Stream Flow Severity Turbidity Severity Wind Velocity 1 Mean Stream Depth fl. Stream Width R. 180 45 2 36 1351 1350 64 4 County: HENDERSON River Basin FRB Report To AROSP Collector: J CANTWELL Region: ARC Sample Matrix: WASTEWATER Loc. Type: EFFLUENT Emergency Yes/No COC Yes/No l Location ID: NCO076082 _) oo VdA'r 9, � co r - --�. ,C Visitl D Loc. Descr.: BEARWALLOW WWTP Collect Date: 03/11/2009 Collect Time:: 13:00 Sample Qualifiers and Comments Sample ID: AB41822 PO Number # ARO Date Received: 03/11/2009 Time Received: 15:00 Labworks LoginlD KJIMISON Date Reported: 3/23/09 Report Generated: 03/23/2009 go- 's as a � Sample Depth Routine Qualifiers For a more detailed description of these qualifier codes refer to www.dwqlab.org under Staff Access A -Value reported is the average of two or more determinations N3-Estimated concentration is < PQL and >MDL Bl-Countable membranes with <20 colonies; Estimated NE -No established PQL B2- Counts from all filters were zero. P-Elevated PQL due to matrix interference and/or sample dilution B3- Countable membranes with more than 60 or 60 colonies; Estimated Qi-Holding time exceeded prior to receipt at lab. B4-Filters have counts of both >60 or 80 and < 20; Estimated Q2- Holding time exceeded following[epaip yflab•-�-+ -- -r- _ TM r ,; B5-Too many colonies were present; too numerous to count (TNTC) x�,edaad+� PQL- Practical Quantitation Limit- biect to change clue to instrument sens Vvity, _-., J2- Reported value failed to meet QC criteria for either precision or accuracy; Estimated ---'' U- Samples analyzed for this comppunt#:but not.`detected - J3-The sample matrix interfered with the ability to make any accurate determination; Estimated P - , X1- Sample not analyzed for this cbmpo (,� J6-The lab analysis was from an unpreserved or improperly chemically preserved sample; Estimated E II _ E V' NI -The component has been tentatively identified based on mass spectral library search and has an estimated value D 3 1 2009 MAR I ARO r {`' UtATER QUALITY SECTION ` r r AgHFNIII LF REGIONAL_OFFICE Laboratory Section>> 1623 Mall Service Center, Raleigh, NC 27699.1623 (919) 733-3908 n age .Qf.2 h .: „-is�ri�.c,.,}`'r:rY ..-a.—• S'neCCA:,��: ;..t�.�asm..ti•.s:;:7."'. . ..� XC WQQ La6oratory Section ResultsSampleID AB41822 Location ID: NC0076082 Collect Date: 03/11/2009 Loc. Descr.: BEARWALLOW WWTP Collect Time:: 13:00 Visit ID r- CAS # Analyte Name PQL Result Qualifier Units Anaiysvuate Approvea my ruate Method Reference 3/11/09 3/12/09 BOD, S-Day In liquid 2.0 9.1 mg/L KJIMISON CGREEN Method Reference APHA5210B 3/12109 3123109 Conform. MF Fecal In liquid 1 4 CFU/100ml KJIMISON CGREEN Method Reference APHA9222D-20th 3/11109 3/23/09 Residue —Suspended In liquid 6.2 8.9 mg/L KJIMISON CGREEN Method Reference APHA2540D-20th 3/13109 3/23/09 Laboratory Section» 1623 Mail Service Center, Raleigh, NC 27699-1623 (919) 733-3908 Page 2 of 2 DIVISION OF WATER QUALITY WATER QUALITY FIELD -LAB FORM (DMI) PRIORITY SAMPLE TYPE COLT TY RIVER BASIN �� ❑ ,.�\4Bi ENT ❑ STREAM FFLLiENT 0 REPORT TO '0 RO .\IRO RRO WaRO WiRO WSRO TS AT 9I4 2,COOMPLIANCE ❑ LAKE - ❑ INFLUENT Other Shipped by: Bus, Courier. Staff. Other C ❑ FMERGENCY ❑ ESTUARY COLLECTOR(SI, 1 Woo �b Estimated BOD Range: 0-5/5-25/25-65140-130 or 100 plus STATION LOCATION: 44vzo�� ��{i� Seed: Yes❑ No ❑ Chlorinated: Yes❑ No❑ Lab Number: A19 V I q 'Z/Z-/ Date Received: • i( _c_) Time: Rec'd b ': k DATA ENTRY BY: From: Bus -Courier -Hand Del. Cis: DATE REPORTED: Stat d Date Begin (yy!nmvdJ) Time Begin Date End Time End Depth DM DB DBM Value T%pe Composite Sattmple Type ® '®® �a A H L T S B (a G GNXX I VI- BODS 310 mg/L 2 COD High 340 mg/L 3 COD Low 335 mg/L 4 Coliform: MF Fecal 31616 'loom] 5 1 Colilbnn: MF Total 31504 11001711 6 Coliform: Tube Fecal 31615 /100ml 7 Coliform: Fecal Strcp 31673 1100H 8 Residue: Total 500 mg/L 9 Volatile 505 mg/L 10 Fixed 510 mg/L I I Residue: Suspended 530 mg/L 12 Volatile 535 mgiL 13 Fixed 540 mg/L 14 pH 403 units 15 Acidity to pH 4.5 436 mgfL 16 Acidity to pH 8.3 435 mgiL 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 Chia 70953 µg/L Color: True 80 Pt -Co Color.(pH ) 83 ADMI Color:pH 7 6 82 ADMI Cyanide 720 mg/L Fluoride 951 m:JL Formaldehyde 71880 mg/L Grease and Oils 556 mg/L Hardness Total 900 msJL Specific Cond. 95 MB.AS 38260 mg/L Phenols 32730 µgfL Sulfate 945 mg/L Sulfide 745 m ./L NH3 as N 610 mgiL TKN as N 625 tng/L NO2 plus NC3 as 1630 mg1L P: Total as P 665 mJL PO4 as P 665 mg/L P: Dissolved as P 666 mg/L Cd-Cadmium 1027 µgiL Cr-Cltromium,Total 1034 µg/L Cu-Copper1042 µg/L Ni-Nickel 1067 µ-IL Pb-Lead 1051 pg/L Zn-Zinc 1092 pgiL Ag-Silver 1077 pg/L AI -Aluminum 1105 µg/L Be -Beryllium 1012 pg/L Ca -Calcium 916 mgn Co -Cobalt 1037 ftg/L Fe -Iron 1045 µg/L Li -Lithium 1132 Itg/L M.-Magnesium 927 mg/L Mn-Manganese 1055 µg/L Na-Sodium 929 mg!L Arsenie:Total 1002 µg/L Se -Selenium 1147 µg/L Mercury 71900 µg/L Oreanochlorine Pesticides - Organophosphorus Pesticides Acid Herbicides Base/Neutral Extractable Organics Acid Extractable Organics Purgeable Organics (VOA bottle req'd) Phytoplankton Lab Use Only n� / Temperature on arrival: Sam linty Point % Conductance at 25"C Water Temperature °C D.O. mIPH Alkalinity Acidity Air Tem erasure °C H8.3 pH4.5 PH4.5 pH8.3 94 0 300 400 2244 431 2243 82242 0 2 Salinity %a Precipitation (iniday) Cloud Cover % Wind Direction (Deg) Stream Flow Severity Turbidip• Severity Wind Velocity Mean Stream Depth fl. 1 Stream Width fl. • 480 45 32 6 1351 i 35 64 4 Annual Wastewater Treatment System Performance Report For Bearwallow Valley MHP For the Operating Period January 1 — December 31, 2008 Preface On July 20, 1999, the North Carolina General Assembly ratified House Bill 1160, the Clean Water Act of 1999, which placed significant new reporting requirements on those entities that own or operate wastewater treatment and collection systems. Specific items include: 1. A Spill Response Plan 2. Sewer Collection System Operation and Maintenance Plan 3. Annual Performance Report These new requirements became effective on October 1, 1999. This report is designed to meet the minimum requirements for the Annual Performance Report established by the North Carolina Department of Environment and Natural Resources (NCDENR) as set forth in their guidance document dated October 19,1999. This law was established to provide a mechanism for public oversight, (and, hopefully, to instill public confidence), in owners and operators of wastewater treatment systems and in their efforts to protect the waters of the state. JAN 2 1 2009 WATER QUASECTION ASHEVI�L� REGa��NAL ICE z }, 3 __ _...�.a; I. General Information Facility/System Name Responsible Entity: Person(s) in Charge/Contact: Applicable Permits: Bearwallow WWTP Henderson County Biltmore Investments, Ltd. Walter McGee — Owner Kevin C. White — Operator in Responsible Charge (ORC) NPDES # NC0076082 Description of Treatment Process, Collection System and Facility Served: Treatment Process — The treatment facility is a typical "Extended Aeration" process capable of treating .010 Million Gallons Per Day (MGD). The facility consists of a 4100 gallon Flow Equalization Basin. The EQ basin consists of one electrical panel which controls the pumps by a float system, an audio/visual alarm system, a bar screen, dual 1 /2 horsepower pumps, and a splitter box that distributes the flow equally and at a desired rate to the treatment facility. Two gravity emergency overflow pipes are also provided. The treatment facility consists of dual aeration basins @ 5,000 gallons each, two clarifiers, a chlorine contact chamber and a DeChlorination unit. The treated effluent is discharged into an unnamed tributary to Clear Creek in the French Broad River Basin. Collection System — The collection system is a standard gravity design consisting of 8-inch pipe with pre -cast manholes. The wastewater is collected at a pre -cast lift station and pumped through a 2-inch force main to the Flow Equalization Basin. The lift station consists of one electrical panel, dual 1 horsepower pumps and an audio/visual alarm system. The collection system was designed to meet all state standards for collection systems. Facilities Served — This system serves Bearwallow Valley MHP. H. WWTP Performance All operating parameters were in compliance with NPDES Permit limits for 2008. We take pride in our efforts to protect the local environment and the quality of the waters in our streams. III. Collection System Performance The collection system experienced no significant problems for the reporting period. Whitewater Environmental maintains a routine operation and maintenance plan for the system. IV. Notification A notice advising of the availability of this report will be sent to each user. A copy of this Report is available to interested persons in office of: Bearwallow Valley NMP C/o Biltmore Investments, Ltd. P.O. Box 745 Hendersonville, N.C. 28793 Kevin C. White Whitewater Environmental 417 C.C. Lovelace Rd. Rutherfordton, N.C. 28139-8345 As required, three copies of this report are being provided to NCDWQ. V. Certification I certify that under penalty of law that this report is complete and accurate to the best of my knowledge. kw�c�'aj;K Yvin C. White This report was prepared by: Kevin C. White Whitewater Environmental 417 C.C. Lovelace Rd. Rutherfordton, N.C. 28139-8345 828-289-2165 kwhitewater@bellsouth.net Date Annual Wastewater Treatment System Performance Report• For Bearwallow Valley MHP For the Operating Period January — December, 2007 Preface I � } PENT OUAL171 S On July 20, 1999, the North Carolina General Assembly ratified House Bill 1160, the Clean Water Act of 1999, which placed- significant new reporting requirements on those entities that own or operate wastewater treatment and collection systems. Specific items include: 1. A Spill Response Plan 2. Sewer Collection System Operation and Maintenance Plan 3. Annual Performance Report These new requirements became. effective on October 1, 1999. This report is designed to meet the minimum requirements for the Annual Performance Report established by the North Carolina Department of Environment and Natural Resources (NCDENR) as set forth in their guidance document dated October 19,1999. This law was established to provide a mechanism for public oversight, (and, hopefully, to instill public confidence), in owners and operators of wastewater treatment systems and in their efforts to protect the waters of the state. D T� E C � 19 M08 W l? WATER C�UALITY SECTION ASNEVILLE REG-'AL OFFICE ,N 1. General Information Facility/System Name: Responsible Entity: Person(s) in Charge/Contact: Applicable Permits: Bearwallow WWTP Henderson County Biltmore Investments, Ltd. Walter McGee — Owner Kevin C. White — Operator in Responsible Charge (ORC) NPDES # NC0076082 Description of Treatment Process, Collection System and Facility Served: Treatment Process — The treatment facility is a typical "Extended Aeration" process capable of treating .010 Million Gallons Per Day (MGD). The treated effluent is discharged into an unnamed tributary to Clear Creek in the French Broad River Basin. Collection System — The collection system is a standard gravity design consisting of 8-inch pipe with pre -cast manholes. The wastewater is collected at a pre -cast lift station and pumped through a 2-inch force main to the WWTP. The lift station consists of one electrical panel, dual pumps and an audio/visual alarm system. The collection, system was designed to meet all state standards for collection systems. Facilities Served — This system serves Bearwallow Valley MHP. II. WWTP Performance All operating parameters were in compliance with NPDES Permit limits for 2007. Bearwallow MHP is pleased to announce that the expansion of our wastewater treatment facility will be completed in early 2008. The expansion includes a 4100 gallon Flow Equalization Basin that was approved by NCDWQ in an Authorization to Construct request. We take pride in our efforts to protect the local environment and the quality of the waters in our streams. III. Collection System Performance The collection system experienced no significant problems for the reporting period. Whitewater Environmental maintains a routine operation and maintenance plan for the system. IV. Notification A notice advising of the availability of this report will be sent to each user. A copy of this Report is available to interested persons in office of: Bearwallow Valley MHP C/o Biltmore Investments, Ltd. P.O. Box 745 Hendersonville, N.C. 28793 Kevin C. White Whitewater Environmental 417 C.C. Lovelace Rd. Rutherfordton, N.C. 28139-8345 As required, three copies of this report are being provided to NCDWQ. V. Certification I certify that under penalty of law that this report is complete and accurate to the best of my knowledge. I� :V,-on C. WJ�Ie This report was prepared by: Kevin C. White Whitewater Environmental 417 C.C. Lovelace Rd. Rutherfordton, N.C. 28139-8345 828-289-2165 kwhitewater@bellsouth.net Date 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 FAX TRANSMITTAL Date: June 28, 2007 To: Rick Shriver 910-799-8522 From: Starr Silvis Re: Henrietta Quarry and Berry Complaint Pages (including cover page): 5 North Carolina Division of Water Quality — Asheville Regional Office 2090 U.S. Highway 70 Swannanoa, NC 28778 Surface Water Protection Section Customer Service 1-877-623-6748 Internet: hfp:/iwww.ncwaterquality.org/ NorthCarolina Naturally Phone (828) 296-4500 FAX (828) 299-7043 An Equal Opportunity/Affirmative Action Employer-50% Recycled110% Post Consumer Paper OF \N-A Michael F. Easley, Governor r� �0 William G. Ross Jr., Secretary t� North Carolina Department of Environment and Natural Resources rN p,,,'Coleen H. Sullins, Director h i t l I, ; i Division of Water Quality June 27, 2007 Mr. William M. Berry 495 Whitehead Road Hendersonville, North Carolina 28792 Subject: Emergency Power Generator Bear Wallow Mobile Home Park Wastewater Treatment Plant Permit Number NCO076082 Henderson County Dear Mr. Berry: During our conversation on June 26, 2007 you expressed concern regarding the operation of the emergency power generator at Bear Wallow Mobile Home Park. In response to your concern Starr Silvis and I met with Kevin White, Operator in Responsible Charge, on June 27, 2007. In our presence Mr. White interrupted the grid power. Almost immediately the emergency power generator came on and ran smoothly for several minutes. All evidence indicated that the generator was operating properly. Kevin informed me that wiring and a control panel were replaced in April of this year after having suffered mice damage. Starr Silvis and I enjoyed talking to you and Jane this morning. I hope you have a good trip to Alabama. Should you have concerns or additional questions about the wastewater treatment plant serving Bear Wallow Mobile Home Park please do not hesitate to call me at 828-296-4659. Sincerely, Roy M. avis Environmental Engineer Xc: Rick Shiver, Assistant Director of Regional Operations Roger Edwards, Regional Supervisor Henderson County William Berry Letter.07 Nor`thCarolina Vatutall11 North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, NC 28778 Phone (828) 296-4500 Customer Service Internet: vAvv..ncwaterquality.org FAX (828) 299-7043 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer— 50% Recycled110% Post Consumer Paper G C? C) (95 J J1 SN oQV 06/26/2007 13:39 91971E ­9 DENR DWQ BUDGET PAGE 02/03 William M. Berry 495 Whitehead Road Hendersonville, NC 28792 828 685 1833 a@ @ n June 21, 2007 Mr. r. Alan W. IChP.E. Directornck, 2 � zOti7 Division of Water Quality JUN 1617 Mail Service Center E)IV OF WATER QUAI,tTY Raleigh, NC 27699-1617 DIRECTOR'S opr- ~ Dear Mr. Klimek: I did not receive an acknowledgement to tb.c'attached letter, I am primarily concerned about the last paragraph. The cycling I observed is not normal and indicates a lacy of proper back up power support to the treatment plant, I still believe that the cycling is the cause of the dead battery. The operator told me that he intended to get the owner to fix the problem, I still believe that the system is flawed as long as the generator cycles. I would appreciate a professional assessment of this problem. Sincerely,f ell 06/26/2007 13:39 9197157' DENR DWQ BUDGET E"1N PAGE .03/03 William M. Seny 495 Whitehead Road Hendersonville, NC 28792 828 685 1839 Mr. Alan W. IClinek, P.E., Director Division of Water Quality 1617 Mail Service Center Titaleigh, NC 27699-1617 Dear Mr. Klink: April 17, 2007 6n A,pril 15, 2007, about 7:30PK electrical power was interrupted for the Ecarwallow Mobile Home Park on Searwallow Road in Henderson County near Edneyville. Since I am downstream on Clear Creek from the wastewater trealYilent plaint serving this Park, I am always concerned about the efficiency of the aged package unit installed there. At 8:30AK on the morning of April 16, 2007, the power was still of� so I went to the plant to sw if the' backup power unit was operating and found it inoperative. At this time, there was no evidence of anyone tending to the problem. I reported the failure by email to the NPDES supervisor listed in the State directory. Later in the day i received a call from Wanda Frazier in the Asheville water quality office. She explained that the operator was aware of the problem and had gone to got a new battery for the unit. She also informed me that the company that removed solids from the plant had shown up unannounced, so there would be no discharge until the power was restored because the water pump was also inoperative. I went to the plant and found the operator there and he confirmed all that Wanda bad told me. At this time the standby power unit was operating, however it would not stay online and cycled on and off. The operator said he felt that the plant was operating enough to get proper aeration. This morning at 9:OOAM, I checked on the plant and the standby power unit was still running because electrical service had not been restored. It will run for 80 seconds and the shut down completely for 20 seconds and continue to cycle in this manner. The operator said be did not know why this occurred but felt it was satisfactory. I question that decision. Something is wrong with the unit and that may well be why the battery failed. The system is flawed so Iong as this problem exigts..It maybe the power unit is.being overloaded since theplant is very -old. I do believe everything should operate correctly to preclude unknown failures. I would appreciate a further investigation of this problem. Sincerely, ~ `� AA V Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality Asheville Regional Office SURFACE WATER PROTECTION SECTION May 15, 2007, Mr. Walter McGee Biltmore Investments LTD P.O. Box 745 Hendersonville, North Carolina 28739 SUBJECT: Compliance Evaluation Inspection Bear Wallow Valley MHP WWTP NPDES Permit No: NCO076082 Henderson County Dear Mr. McGee: Enclosed please find a copy of the Compliance Evaluation Inspection form from the inspection conducted on May 4, 2007. The facility was found to be in compliance with permit NC0076082. 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.4662. Sincerely, Wanda P. Frazier Environmental Specialist Enclosure cc: Kevin White, ORC Central Files 1���:heyi Ill's �ile>s Noi thCarolina Naturally 2090 US Hwy 70, Swannanoa, NC 28778 Telephone: (828) 296-4500 Fax: (828) 299-7043 Customer Service 1-877-623-6748 United States Environmental Protection Agency Form Approved. EPA Washington, D.C. 20460 OMB No. 2040-0057 Water Compliance Inspection Report Approval expires 8-31-98 Section A: National Data System Coding (i.e., PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 I NI 2 151 31 N00076082 111 121 07/05/04 117 181 CI 191 SI 201 I Remarks 21IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII6 Inspection Work Days Facility Self -Monitoring Evaluation Rating B1 QA --------------------------- Reserved ---------------------- 67I 1.0 169 70I 3 I 711 I 72I N I 73I 174 751 I I I I I I 180 W Section B: Facility Data Name and Location of Facility Inspected (For Industrial Users discharging to POTW, also include Entry Time/Date Permit Effective Date POTW name and NPDES permit Number) 01:20 PM 07/05/04 06/12/01 Bear Wallow Valley MHP WWTP Exit Time/Date Permit Expiration Date Bearwallow Rd NCSR 1587 Hendersonville NC 28792 02:20 PM 07/05/04 10/11/30 Name(s) of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data Kevin C White/ORC/828-289-2165/ Name, Address of Responsible Official[Title/Phone and Fax Number Contacted No Section C: Areas Evaluated During Inspection (Check only those areas evaluated) Permit Operations & Maintenance ® Self -Monitoring Program ® Facility Site Review Effluent/Receiving Waters Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s) and Signature(s) of Inspector(s) Agency/Office/Phone and Fax Numbers Date Wanda P Frazier ARO WQ//828-296-4500 Ext.4662/ -- 0 /? / o7e�O 7 Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date JA EPA For 3560-3 (Rev 9-94) Previous editions are obsolete. Page # 1 NPDES yr/mo/day Inspection Type 3I NCO076082 I11 12I 07/05/04 1 17 18ICI (cont.) Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) A review of the files indicates that the last compliance evaluation inspection was conducted on 11-9-2006 by Wanda Frazier. The permit expires on 11-30-2010, please request a permit renewal 6 months prior to expiration. The aeration basin process control data was as follows on the day of the inspection. Temperature = 20 degrees Celcius pH = 6.7 units Dissolved Oxygen = 0.7 mg/I Tip: The ideal level for dissolved oxygen in the aeration basin is generally 1 to 3 mg/I. Seasonal changes in temperature require the adjustment of the aeration timer to achieve ideal dissolved oxygen levels. Settleable Solids = 900 ml/I = 90% Tip: Using the settleability test, the return sludge pumping rate is usually set so that the flow rate is approximately equal to the percentage volumes occupied by the settleable solids from the aeration basin after settling for 30 minutes in a settleometer. For example, a settleability of 30% would generally indicate a recommended return sludge pumping rate of 30%. Having the percent settleable solids (i.e. 30%) the same as the percent return sludge pumping rate (i.e. 30%), allows for the solids balance in the plant to be maintained. If the plant cannot handle that return sludge pumping rate, then wasting is probably recommended, unless the sludge is too young. The effluent data was as follows on the day of the inspection. Dissolved Oxygen = 3.4 mg/I pH = 6.9 units Temperature = 20 degrees Celcius Chlorine = < 25 ug/I The log book was present on -site and had good notation of daily events. The effluent appeared to be clear, indicating compliance with permit limits. This facility appears to be well operated and maintained. The operator was on -site during the inspection and is doing a good job. An Authorization to Construct has been issued for the construction of an equalization basin. Construction is scheduled to begin in May 2007. Page # 2 Permit: NCO076082 Inspection Date: 05/04/2007 Owner -Facility: Bear Wallow Valley MHP WWTP 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? 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: Operations & Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? ■ n n n Does the facility analyze process control parameters, for ex: MLSS, MCRT, Settleable Solids, pH, DO, Sludge ® n n n Judge, and other that are applicable? Comment: Aeration Basins Yes No NA NE Mode of operation Ext. Air Type of aeration system Diffused Is the basin free of dead spots? ®n n n Are surface aerators and mixers operational? ❑ n ■ n Are the diffusers operational? ®❑ Is the foam the proper color for the treatment process? ® ❑ ❑ n Does the foam cover less than 25% of the basin's surface? ■ n n n Is the DO level acceptable? ® n n n Is the DO level acceptable?(1.0 to 3.0 mg/1) n ❑ ® ❑ 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? 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 ❑ ❑ Page # 3 Permit: NC0076082 Inspection Date: 05/04/2007 Owner - Facility: Bear Wallow Valley MHP WWTP Inspection Type: Compliance Evaluation Secondary Clarifier Is the drive unit operational? Is the return rate acceptable (low turbulence)? Is the overflow clear of excessive solids/pin floc? Is the sludge blanket level acceptable? (Approximately % of the sidewall depth) Comment: Disinfection -Tablet Are tablet chlorinators operational? Are the tablets the proper size and type? Number of tubes in use? Is the level of chlorine residual acceptable? Is the contact chamber free of growth, or sludge buildup? Is there chlorine residual prior to de -chlorination? Comment: Type of system ? Is the feed ratio proportional to chlorine amount (1 to 1)? Is storage appropriate for cylinders? # Is de -chlorination substance stored away from chlorine containers? Comment: Are the tablets the proper size and type? Are tablet de -chlorinators operational? Number of tubes in use? Comment: Effluent Sampling Is composite sampling flow proportional? Is sample collected below all treatment units? Is proper volume collected? Is the tubing clean? Is proper temperature set for sample storage (kept at 1.0 to 4.4 degrees Celsius)? Is the facility sampling performed as required by the permit (frequency, sampling type representative)? Yes No NA NE ■nnn ■nnn 1 ■ n n n ® n n n ■nnn Yes No NA NE nn■n ■ n n n ®nnn nn■n ■nnn ■nnn Page # 4 Permit: NCO076082 Inspection Date: 05/04/2007 Owner - Facility: Bear Wallow Valley MHP WWTP Inspection Type: Compliance Evaluation Effluent Sampling Comment: Standby Power Is automatically activated standby power available? Is the generator tested by interrupting primary power source? Is the generator tested under load? Was generator tested & operational during the inspection? Do the generator(s) have adequate capacity to operate the entire wastewater site? Is there an emergency agreement with a fuel vendor for extended run on back-up power? Is the generator fuel level monitored? Comment: Currently using a propane fueled 7 KW generator. This generator is capable of running the WWTP. Whenever there are power outages, the mobile home park does not have a back-up generator for the park's water system, therefore, there is no wastewater flow to the wastewater treatment plant. An A to C has been issued for an equalization basin and a 25 KW generator, which will be capable of powering the water system, lift station and WWTP. Construction is scheduled to begin in May 2007. Page # 5 ,�r►�'r, Incident Report Report Number: 200701334 Incident Type: Complaint On -Site Contact: Category: Permitted Site First/Mid/Last Name: Incident Started: 04/16/2007 Company Name: County: Henderson Phone: City: Pager/Mobile Phone: / Farm #: Responsible Party: Reported By: Owner: First/Mid/Last Name: Jim Preston Permit: Company Name: Facility: Address: First Name: Middle Name: City/State/Zip: Edneyville NC 28793 Last Name: Phone: (828)685-0133 Address Pager/Mobile Phone: / City/State/Zip: Phone: Material Category: Estimated Qty: UOM Chemical Name DD:MM:SS Decimal Latitude: Longitude: Location of Incident: Bearwallow MHP Address: PO Box 745 City/State/Zip Hendersonville NC Position Method: Position Accuracy: Position Datum: 28793 Reportable Qty. lbs. Reportable Qty. kgs. Report Created 04/16/07 11:47 AM Page 1 ' Cause/Observation: Generator is not working during current power outage Action Taken: Called Operator, Kevin White; generator was not working a fuse was loose, but generator would only work for a short period. Incident Questions: Did the Material reach the Surface Water? Unknown Surface Water Name? - Did the Spill result in a Fish Kill? Unknown If the Spill was from a storage tank indicate type. Containment? Unknown Cleanup Complete? Unknown Water Supply Wells within 1500ft : Unknown Directions: Comments: Plant has been pumped, flow eq tank has been pumped; reservoir is empty. Generator service will be ordered and Mr. White will advise concerning repair. SWP notified the complainant concerning the findings. Conveyance: Estimated Number of fish? (Above Ground or Under Ground) Groundwater Impacted : Unknown Event Type Event Date Due Date Report Entered 2007-04-16 11:46:08 Incident Start 2007-04-16 10:55:00 Report Received 2007-04-16 10:55:00 Referred to Regional Office - Primary Contact 2007-04-16 10:55:00 Report Created 04/16/07 11:47 AM Comment Page 2 Standard Agencies Notified: Agency Name Phone First Name M.I. Last Name Contact Date Other Agencies Notified: Agency Name Phone First Name M.I. Last Name Contact Date DWQ Information: Report Taken By: Report Entered By: Regional Contact: James R Reid James R Reid James R Reid Phone: Date/Time: 2007-04-16 10:55:00 AM 2007-04-16 11:46:08 AM 2007-04-16 10:55:00 AM Referred Via: Phone Did DWQ request an additional written report? If yes, What additional information is needed? Report Created 04/16/07 11:47 AM Page 3 Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department_ _._Aronmentand Natural Resources Alan W. Klimek P.E. Director,,,`, Quality �§ September 25, 2006 7-P27 2006 : Nicholas Stefanou Biltmore Investments LTD 104 Low Gap Rd Hendersonville, NC 28739 SUBJECT: Payment Acknowledgment Civil Penalty Assessment Bear Wallow Valley MHP WWTP Permit Number: NCO076082 Case Number: LV-2006-0171 Henderson County Dear Mr. Stefanou:: i WATER QUALITY SECTION —� AS ,E�ti!_I_E REGIONAL OFFICE This letter is to acknowledge receipt of check number 1659 in the amount of $350.00 received from you dated September 22, 2006. This payment satisfies in full the above civil assessment levied against the subject facility, and this case has been closed. Payment of this penalty in no way precludes future action by this Division for additional violations of the applicable Statutes, Regulations, or Permits. If you have any questions, please call Bob Guerra at 919-733-5083 Ext. 539. Sincerely, bkk Carolyn Brya�rL cc: Enforcement File- #: LV-2006-0171 s r W� AsheuiU1Ri: no al�®;ffi'ee�Siunervdi or Central Files NorthCarolina Naturally 1617 Mail Service Center Raleigh, NC 27699-1617 (919) 733-7015 Customer Service 1 800 623-7748 j .� ' BILT___ _IE INVESTMENTS LTD 1659 OPERATING ACCOUNT I 87-219/539 P.O. BOX 745 HENDERSONVILLE, NC 28793 DATE o 66 TO THE I �'� CNVIr0J v ORDER OF T �aL r¢C �$OcCf�C�3SO, F l DOLLARS r e �a. CAROLINA FIRST BANK HENDERSONVILLE, NC 28739 FOR Too A- nm 11' 0I65911' 1:05390 2 L971:7 10067745 211' �QF W A TF�Q Michael F. Easley, Governor `Q (i William G. Ross Jr., Secretary Cq r North Carolina Department of Environment and Natural Resources 0 Alan W. Klimek, P.E. Director - • �•�Di'vision•of+WaterQuality-ter-•. _ l September 18, 2006 IIll I , CERTIFIED MAIL 7003 0500 0002 6814 3618 ��l l ' S E P 2 0 2006 RETURN RECEIPT REQUESTED I WATER QUALITY SECTION Mr. Walter T. McGeeRECIONAL OFFICE Biltmore Investments, Ltd. P. O. Box 745 _-_....���;;..ar•.-.�,N...��..��. Hendersonville, NC 28793 Subject: Remission Request of Civil Penalty Assessment NPDES Permit Number NCO076082 Bear Wallow Mobile Home Park WWTP Henderson County Case Number LV-2006-0171 Dear Mr. McGee: I have considered the information submitted in support of your request for remission in accordance with North Carolina General Statute (N.C_G.S.) § 143-215.6A(f) and have found no grounds to modify the civil penalty assessment in the amount of $350.00. If you choose to pay the penalty, send payment to me at the letterhead address within thirty (30) days of receipt of this letter. Please make your check payable to the Department of Environment and Natural Resources (DENR). If payment is not received within thirty (30) days of receipt of this letter, in accordance with N.C.G.S. § 143-215.6A(f), your request for remission of the civil penalty (with supporting documents) and my recommendation to deny the request (with supporting documentation) will ,be delivered to the North Carolina Environmental Management Commiaston's (EMC) Committee On Civil Penalty Remissions (Committee) for final agency decision. If you desire to make an oral presentation to the Committee on why your request for remission meets one or more of the five statutory factors you were asked to address, you must complete and return the attached form within thirty (30) days of receipt of this letter. Please mail the completed form to the attention of Bob Guerra at the following address: Point Source Branch Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 1,orthCarolina Natura!!rf North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone (919) 733-7015 Customer Service Internet: www.ncwaterquality.org Location: 512 N. Salisbury St. Raleigh, NC 27604 Fax (919) 733-2496 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer — 50% Recycled/10% Post Consumer Paper Biltmore Investments, Ltd. LV-2006-0171 Remission Resuit . P•2 Your request for an oral presentation and the documents in this matter will be reviewed by the EMC Chairman and, if it is determined that there is a compelling reason to require an oral presentation from you, you will be notified by certified mail of the date, time, and place that your oral presentation can be made. Otherwise, the final decision on your request for remission will be made by te-Committee based --_- on the written record. Thank you for your cooperation in this matter. If you have any questions about this letter, please contact - Bob Guerra at (919) 733-5083, extension 539. Sincerely, f°a'L Alan W. Klimek, P.E. attachment cc: h_e A le Regional k :ff VM Enforcement file Central Files Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek,-P.E. Director —I R l5bisiof Water Quality f= A� hevillesRegional:Office SURFACE WATER PROTECTION September 15, 2006 Walter McGee Biltmore Investments, LTD P.O. Box 745 Hendersonville, North Carolina 28739 SUBJECT:_ Follow-up Compliance Evaluation Inspection Biltmore Investments, LTD Bear Wallow Valley M H P WWTP Permit No: NCO076082 Henderson County Dear Mr. McGee: Enclosed please find a copy of the Compliance Evaluation Inspection form from the follow-up inspection conducted on September 8, 2006. The facility appeared to be in compliance with Permit # NC0076082. Mr. Kevin White 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. Sincerely, ��reCantwelll ''Environmental Technician Enclosure ,,.cc Asheviile-Files, w! attachment — J Central Files, w/ attachment Kevin White/ORC, w/ attachment 2090 U.S. Highway 70, Swannanoa, NC 28778 Telephone: (828) 296-4500 Fax: (828) 299-7043 Customer Service 1 877 623-6748 NorthCarolina NQt,11Y711lf United States Environmental Protection Agency Form Approved. E n /� Washington, D.C. 20460 r/`', OMB No. 2040-0057 Water Compliance Inspection Report Approval expires 8-31-98 Section A: National Data System Coding (i.e., PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 I NI 2 151 31 N00076082 111 121 06/09/08 117 181 Ci 191SI 201 1 J Remarks 211 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I 116 Inspection Work Days Facility Self -Monitoring Evaluation Rating 131 QA ------ ---------------- Reserved --- ---------------- 67I 169 70I I 711 I 721 NJ 73I I 174 751 I I I I I I 180 u_1 Section B: Facility Data Name and Location of Facility Inspected (For Industrial Users discharging to POTW, also include Entry Time/Date Permit Effective Date POTW name and NPDES permit Number) Bear Wallow Valley MHP WWTP 10:30 AM 06/09/08 01/06/01 Exit Time/Date Permit Expiration Date Bearwallow Rd NCSR 1587 Hendersonville NC 28792 11:00 PM 06/09/08 05/11/30 Name(s) of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data Kevin C White/ORC/866-882-8194/ Nicholas Stefanou//828-685-3881 / Name, Address of Responsible Official/Title/Phone and Fax Number Nicholas Stefanou,104 Low Gap Rd Hendersonville NC Contacted 28739//828-685-3881/ 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 Find in/Comments Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s) and Signature(s) of Inspector(s) Agency/Office/Phone and Fax Numbers Date Janet Cantwell ARO WQ//828-290'-4500 Ext.4667/ rgfature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date -le Z-?/, 46 EP Form 3560-3 (Rev 9-94) Previous editions are obsolete. Page # 1 NPDES yr/mo/day Inspection Type NC0076082 I11 121 06/09/08 I17 18ICI Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) Kevin White, ORC, assisted in the inspection of this facility. There was no flow at the time of this inspection. The sewage treatment plant serving the Bearwallow Valley Mobile Home Park is being well -operated and maintained. Kevin White is doing a fine job of operating this facility. Page # 2 r Permit: NCO076082 Inspection Date: 0910812006 Owner - Facility: Bear Wallow Valley MHP WWTP 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: Operations & Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? ■ ❑ n ❑ Does the facility analyze process control parameters, for ex: MLSS, MCRT, Settleable Solids, pH, DO, Sludge ■ ❑ ❑ ❑ Judge, and other that are applicable? Comment: The facility is well -maintained and operated. 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? ❑ n ❑ ■ 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 n 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 e Permit: NCO076082 Inspection Date: 09/08/2006 Owner - Facility: Bear Wallow Valley MHP WWTP Inspection Type: Compliance Evaluation Record Keeping 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: Bar Screens Type of bar screen a.Manual b.Mechanical Are the bars adequately screening debris? Is the screen free of excessive debris? Is disposal of screening in compliance? Is the unit in good condition? Comment: Aeration Basins Mode of operation Type of aeration system Is the basin free of dead spots? Are surface aerators and mixers operational? Are the diffusers operational? Is the foam the proper color for the treatment process? Does the foam cover less than 25% of the basin's surface? Is the DO level acceptable? Is the DO level acceptable?(1.0 to 3.0 mg/1) Comment: Secondary Clarifier Is the clarifier free of black and odorous wastewater? Is the site free of excessive buildup of solids in center well of circular clarifier? Are weirs level? Is the site free of weir blockage? Is the site free of evidence of short-circuiting? Is scum removal adequate? Yes No NA NE ■nnn ■nnn Yes No NA NE Ext. Air Diffused ■n❑n nn■n ■❑ El, n ■nnn ■❑nn n ❑ ❑ ■ n❑n■ ■nnn nn■n ■nnn ■nnn ■nnn ®nnn Page # 4 Permit: NC0076082 Inspection Date: 09/08/2006 Secondary Clarifier Is the site free of excessive floating sludge? Is the drive unit operational? Owner- Facility: Bear Wallow Valley MHP WWTP Inspection Type: Compliance Evaluation Is the return rate acceptable (low turbulence)? Is the overflow clear of excessive solids/pin floc? Is the sludge blanket level acceptable? (Approximately %4 of the sidewall depth) Comment: 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: Yes No NA NE ■❑nn ■ n n ❑ 1 nnn■ ■nnn nnn■ Yes No NA NE ■nnn snnn 2 Page # 5 Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department ironment and Natural Resources F Alan KI' ek, P EMI)' for ivisiFof Watet Quality Ashew a egiolm-ffice June 9, 2006 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7005 0390 00013553 0667 Nicholas Stefanou Bearwallow Valley Mobile Home Park 104 Low Gap Rd Hendersonville, NC 28739 SUBJECT: Notice of Violation and Assessment of Civil Penalty for Violations of North Carolina General Statute (G.S.) 143-215.1(a)(6) and NPDES Permit NCO076082 Bearwallow Valley Mobile Home Park Bear Wallow Valley MHP WWTP Case No. LV-2006-0171 Henderson County Dear Mr. Stefanou: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $350.00_ ($250.00 civil penalty + $100.00 enforcement costs) against Bearwallow Valley Mobile Home Park. This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report (DMR) submitted by Bearwallow Valley Mobile Home Park for the month of April 2006. This review has shown the subject facility to be in violation of the discharge. limitations and/or monitoring requirements found in NPDES Permit NC0076082. The violations that occurred in April 2006 are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that Bearwallow Valley Mobile Home Park violated the terms, conditions or requirements of NPDES Permit NCO076082 and G.S. 143- 215.1(a)(6) in the manner and extent shown in Attachment A. In accordance with the maximums established by G.S. 143-215.6A(a)(2), a civil penalty may be assessed against any person who violates the terms, conditions or requirements of a permit required by G.S. 143-215.1(a). Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the. Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Quality, I, Roger C Edwards, Division of Water Quality Regional Supervisor for the Asheville Region, hereby make the following civil penalty assessment against Bearwallow Valley Mobile Home Park: NorthCarolina Naturally k2090 U.S. Highway 70, Swannanoa, NC 28778 Phone: (828) 296-4500 FAX:29977043 Customer Service 1- 800 623-7748 I of the 1 violations of G.S. 143-215.1(a)(6) and NPDtS Permit No. $250.00 NC0076082, by discharging waste water into the waters of the State in violation of the Permit Monthly Average limit for N113-N. 250.00 TOTAL CIVIL PENALTY 100.00 Enforcement Costs $350.00 TOTAL AMOUNT DUE Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 143B- 282.1(b), which are: (1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation; (2) The duration and gravity of the violation; (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; (6) Whether the violation was committed willfully or intentionally; (7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and (8) The cost to the State of the enforcement procedures. Within thirty days of receipt of this notice, you must do one of the following: Submit payment of the penalty: Payment should be made directly to the order of the Department of Environment and Natural Resources (do not include waiver forin). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). Please submit payment to the attention of: Point Source Compliance/Enforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 OR 2. Submit a written request for remission or mitigation including a detailed justification for such request: Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Because a remission request forecloses the option of an administrative hearing, such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation and agreement that no factual or legal issues are in dispute. Please prepare a detailed statement that establishes why you believe the civil penalty should be remitted, and submit it to the Division of Water Quality at the address listed below. In determining whether a remission request will be approved, the following factors shall be considered: (1) whether one or more of the civil penalty assessment factors in NCGS 143B-282.1(b) was wrongfully applied to the detriment of the petitioner; (2) whether the violator promptly abated continuing environmental damage resulting from the violation; (3) whether the violation was inadvertent or a result of an accident; (4) whether the violator had been assessed civil penalties for any previous violations; or (5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Please note that all evidence presented in support of your request for remission must be submitted in writing. The Director of the Division of the Division of Water Quality will review your evidence and inform you of his decision in the matter of your remission request. The response will provide details regarding the case status, directions for payment, and provision for further appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty Remissions (Committee). Please be advised that the Committee cannot consider information that was not part of the original remission request considered by the Director. Therefore, it is very important that you prepare a complete and thorough statement in support of your request for remission. In order to request remission, you must complete and submit the enclosed "Request for Remission of Civil Penalties, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form within thirty (30) days of receipt of this notice. The Division of Water Quality also requests that you complete and submit the enclosed "Justification for Remission Request." Both forms should be submitted to the following address: Point Source Compliance/Enforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 I. ' 3. File a petition for an administrative hearing with the Office of Administrative Hearings: If you wish to contest any statement in the attached assessment document you must file a petition for an administrative hearing. You may obtain the petition form from the Office of Administrative Hearings. You must file the petition with the Office of Administrative Hearings within thirty (30) days of receipt of this notice. A petition is considered filed when it is received in the Office of Administrative Hearings during normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for official state holidays. The original and one (1) copy of the petition must be filed with the Office of Administrative Hearings. The petition may be Faxed - provided the original and one copy of the document is received in the Office of Administrative Hearings within five (5) business days following the faxed transmission. The mailing address for the Office of Administrative Hearings is: Office of Administrative Hearings 6714 Mail Service Center Raleigh, North Carolina 27699-6714 . Telephone (919) 733-2698 Facsimile: (919) 733-3478 and Mail or hand -deliver a copy of the petition to Mary Penny, General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh, North Carolina 27699-1601 Please indicate the case number (as found on page one of this letter) on the petition. Failure to exercise one of the options above within thirty (30) days of receipt of this letter, as evidenced by an internal date/time received stamp (not a postmark), will result in this matter being referred to the Attorney General's Office for collection of the penalty through a civil action. Please be advised that additional penalties may be assessed for violations that occur after the review period of this assessment. If you have any questions, please contact the Water Quality staff of the Asheville Regional Office at telephone number 828-296-4500. Sincerely, Roger C. Edwards, Regional Supervisor Surface Water Protection Asheville Regional Office ATTACHMENTS cc: Regional `Uper NOr w1'attachments s Enforcement File w/ attachments Central Files w/ attachments Compliance Oversight, Danny Smith JUS r irICATION FOR REMISSION RE ;ST DWQ Case Number: LV-2006-0171 County: Henderson Assessed Party: Bearwallow Valley Mobile Home Park Permit No. (NC0076082): Amount Assessed: Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of Facts " form to request remission of this civil penalty. You should attach any documents that you believe support your request and are necessary for the Director to consider in evaluating your request for remission. Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 143B-282. 1 (c), remission of a civil penalty may be granted only when one or more of the following five factors applies. Please check each factor that you believe applies to your case and provide a detailed explanation, including copies of supporting documents, as to why the factor applies (attach additional pages as needed). (a) one or more of the civil penalty assessment factors in N.C.G.S. 14313-282.1(b) were wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil penalty assessment document); (b) the violator promptly abated continuing environmental damage resulting from the violation (i.e., explain the steps that you took to correct the violation and prevent future occurrences); (c) the violation was inadvertent or a result of an accident (i.e., explain why the violation was unavoidable or something you could not prevent or prepare for); (d) the violator had not. been assessed civil penalties for any previous violations; (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions (i.e., explain how payment of the civil penalty will prevent you from performing the activities necessary to achieve compliance). EXPLANATION: STATE OF NORTH CAROLINA COUNTY OF IN THE MATTER OF ASSESSMENT OF CIVIL PENALTIES AGAINST BEARWALLOW VALLEY MOBILE HOME PARK PERMIT NO. NC 76082 DEPARTMEiN i OF ENVIF.ONMENT AND NATURAL RESOURCES WAIVER OF RIGHT TO AN ADMINSTRATIVE HEARING AND STIPULATION OF FACTS FILE NO. LV-2006-0171 Having been assessed civil penalties totaling _for violation(s) as set forth in the assessment document of the Division of Water Quality dated, the undersigned, desiring to seek remission of the civil penalty, does hereby waive the right to an administrative hearing in the above -stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the director of the Division of Water Quality within thirty (30) days of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after (30) days from the receipt of the notice of assessment. This the day of , 20 SIGNATURE ADDRESS TELEPHONE Copyright © 1992-1998, ChemSW-, Inc.,(707)864-0845, Al eserved. http://www-chemsw.com EFFLUENT NPDES PERMIT NO. NCO076082 DISCHARGE NO. 001 MONTH APRIL YEAF � 6M FACILITY NAME Bearwallow Valley MHP CLASS 11 COUNTY: Henderson D I,O� OPERATOR IN RESPONSIBLE CHARGE (ORC) Kevin C. White GRADE II PHONE 828-286=0583 b T, -w CERTIFIED LABORATORIES (1) Environmental Testing Solutions (2) CHECK BOX IF ORC HAS CHANGED PERSO S) OLLECTING SAMPLE K vin C. 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'3;' "�' r Y .�� -.W ... ..r ,..y .N�+ k'I 1 TL 1J..iy '�1� .S. .,ni ��557f �i v' 5C�'�+�53 re �a .. _ -c r,r _y h 'f S K.... � .....+.rc�� � s# "r fi• F>d � Monthly Limit 0.010 6/9 28 30/45 8(S) 30145 200/400 rl M Cnr.v. aAo_I 1. ,51H-5 Fecal Coliform: data based on non -ideal colony count "Weekly: April -October < Below detection limit for method used 2/Monthly: -November -March Copyright ©1992-1998, ChemSW-, Inc.,(707)864-0845, All ric rved, http:/Avww.chemsw.com Facility Status: (Please check one of the following) All monitoring data and sampling frequencies meet permit requirements L� Compliant All monitoring data and sampling frequencies do NOT meet permit requirements Noncompliant If the facility is noncompliant, please comment on corrective actions being taken in respect to equipment, operation, maintenance, etc., and a time table for improvements to be made. Elevated NH3N parameter due to high peak flows that the facility is experiencing since lots have been filled to capacity. Biltmore Investments have installed a flow meter to record flow levels and have sought quotes from engineering firms with the intent to seek approval for constuction of an EQ basin to ease these flow patterns. Once a quote is accepted and an Authorization to Constuct is secured, plant expansion will begin. "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 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." Biltmore Investments. Ltd P.O. Box 745 Hendersonville, N.C. 28793 828-693-0023 Permittee Address Phone Number Permit Exp. Date 00010 Temperature 00076 Turbidity 00080 Color (Pt -Co) 00082 Color (ADMIT) 00095 Conductivity 00300 Dissolved Oxygen 00310 BOD5 00340 COD 00400 pH 00530 Total Suspended Residue 00545 Settleable Matter PARAMETER CODES Forms by ChemSW(707)8640a45;p/n11158;v5.21;211/98 00556 Oil & Grease 00600 Total Nitrogen 00610 Ammonia Nitrogen 00625 Total Kjeldhal Nitrogen 00630 Nitrates/Nitrites 00665 Total Phosphorous 00720 Cyanide 00745 Total Sulfide 00927 Total Magnesium 00929 Total Sodium 00940 Total Chloride 00951 Total Fluoride 01067 Nickel 01002 Total Arsenic 01077 Silver 01092 Zinc 01207 Cadmium 01105 Aluminum 01032 Hexavalent Chromium 01147 Total Selenium 01034 Chromium 31616 Fecal Coliform 32730 Total Phenolies 01307 Total Cobalt 34235 Benzene 01042 Copper 34461 Toluene 38260 MBAS 01045 Iron 39516 PCBs 01051 Lead 50050 Flow 50060 Total Residual Chlorine 71880 Formaldehyde 71900 Mercury 81551 Xylene Parameter Code assistance may be obtained by calling the Waer Quality Compliance Group at (919) 733-5083, extension 581 or 534 The monthly average for fecal coliform is to be reported as a GEOMETRIC mean. Use only units designated in the reporting facility's permit for reporting data. * ORC must visit facility and document visitation of facility as recC,ui?ed"ej- �1'�SFA NCAC 8A .0202 (b) (5) (B) ** If signed by other than the permittee, delegation of signatory authority must a on file with the state per 15A NCAC 2B .0506 (b) (2) (D) DIVISION OF WA ER QUALITY - CIVIL PENALTY ASS SMENT (FILE) Violator: Bearwallow Valley Mobile Rome Park County: Henderson Case Number: LV-2006-0171 ASSESSMENT FACTORS As required by G.S. 143-214.6A(c), in determining the amount of the penalty I considered the factors set out in G.S. 143B-282.1(b), which are: 1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation; The assessment occurred as a result of one monthly average violation of the facility's ammonia limitation. 2) The duration and gravity of the violation; The violation occurred in the month of April, 2006 and exceeded the facility's limitation by 49%. 3) The effect on ground or surface water quantity or quality or on air quality; No in -stream ammonia concentrations were measured to document adverse impacts attributable to excessive 'discharge concentrations. 4) The cost of rectifying the damage; Unknown 5) The amount of money saved by noncompliance; Unknown 6) Whether the violation was committed willfully or intentionally; As the facility had no effluent violations during the six (6) months preceding April, 2006, insufficient operational attention may have caused or contributed to the subject violation. 7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and During the period April, 2005 through March, 2006, the facility had only one (1) daily maximum fecal coliform violation. 8) The cost to the State of the enforcement procedures. $100.00 liz,96 c m ate Roger . Edwards, Regional Supervisor Surface Water Protection Asheville Regional Office ICATION FOR REMISSION RAEST COP K vI 'la �wJT-' Ta DWQ Case Number: LV-2006-0171 County: Henderson Assessed Party: Bearwallow Valley Mobile Home Park Permit No. (NC0076082): Amount Assessed: Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of Facts " form to request remission of this civil penalty. You should attach any documents that you believe support your request and are necessary for the Director to consider in evaluating your request for remission. Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 143B-282.1(c), remission of a civil penalty maybe granted only when one or more of the following five factors applies. Please check each factor that you believe applies to your case and provide a detailed explanation, including copies of supporting documents, as to why the factor applies (attach additional pages as needed). (a) one or more of the civil penalty assessment factors in N.C:G.S. 143B-282.1(b) were wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil penalty assessment. document); (b) the violator. rom tl" abated- continuin `envitonmental c�ama e`tesultin from p P Y g g g the violation (i. e., explain the steps that you took to correct the violation and p .ent- utur-e-occur.rences)- ✓ (c) the violation was inadvertent or, a -result of an accident i.e. e Z - - ( xp azn w y the vzolatzon was unavoidable'or' something you could not prevent or prepare for); III 1L J U R 3 0 2006 ✓ (d) the violator had not been assessed civil penalties for any previous 11violations• _ _ - ' WATER c: UR,L.ITY SECTIOiV (e) payment of the civil penalty will prevent payment for the remaining necessary erred al F— actions (i.e., explain how payment of the civil penalty will prevent you from performing the activities necessary to achieve compliance). EXPLANATION 70 �1Jl'wL�l�i ledrri-i &J 95 � T proAl/ el j. Lr /AfOreRksI- -119 .+ cLK49te.#s 4-a 44&e- l ic-- 4- - L to wer 14 4)p-s :o:r4g.[Na c Sq7 - , STATE OF NORTH CARGOA DEPAR T `OF` EN`�IRONMENT AND NATURAL RESOURCES COUNTY OF IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND BEARWALLOW VALLEY MOBILE HOME ) STIPULATION OF FACTS PARK ) PERMIT NO. NC 76082 ) FILE NO. LV-2006-0171 Having been assessed civil penalties totaling for violation(s) as set forth in the assessment document of the Division of Water Quality dated, the undersigned, desiring to seek remission of the civil penalty, does hereby waive the right to an administrative hearing in the above -stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the director of the Division of Water Quality within thirty (30) days of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after (30) days from the receipt of the notice of assessment. This the $ 7 day of Jt11JC—' SIGNATURE ADDRESS PC �cpclers;o v c I (t-, IBC. 0-0773 TELEPHONE BiLTmoRE INVESTMENTS, Ltd.. Pear Wallow Mobile Home Park Tuesday, June 27, 2006 Point Source Compliance/Enforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 RE: Notice of Violation and Civil Penalty (Case # LV 2006-0171) Director Water Quality We would like to respectfully request a remission or mitigation of the above referenced Civil Penalty. Enclosed are the required submission items as well as a copy of our letter to Mr. Roger Edwards, your Regional Supervisor at the Asheville Office. Please also be aware of the ownership change, which we thought was already registered at the Raleigh Headquarters of The DWQ. Contact: Please advise of Walter T. President Walter T. McGee Biltmore Investments, Ltd. (Owner) PO Box 745 Hendersonville, NC 28793 828-693-0023 828-693-0911 (Fax) Wmcgee l 71 @mc� c m additional that may be required. CC: Kevin White (White Water Environmental) f L J. Thurman Horne, P.E. r J U N 3 0 2006�'' WATER-3 QUALITY SECTION J� AS'r'EOi L _ Rrr,0MAL P.O. BOX 745 • HENDERSONVILLE, NORTH CAROLINA 28793 PHONE (828) 693-0023 - FAX (828) 693-0911 Wmcgeel7l@mchsi.com 0 BILTMO INVESTMENTS, Ltd. Tuesday, June 27, 2006 Roger C. Edwards Regional Supervisor Surface Water Protection Asheville Office 2090 US Highway 70 Swannanoa, NC 28778 RE: Notice of Violation and Civil Penalty (Case # LV 2006-0171) Dear Mr. Edwards; We would like to respectfully request a remission or mitigation of the above referenced Civil Penalty for the following reasons: 1. Prior to this violation we had already taken steps to assess whether or not our sewer plant needed to be upgraded. Specifically we installed a flow meter in order to measure peak flows, and determined with the help of an engineer that an "EQ" Tank was a reasonable .upgrade.. We then* asked an engineer for a quote. 2... About the time of this violation we were waiting for a second quote on engineering services, prior to getting started on the submission process. 3. Our sewer plant has always been in compliance and our operator Kevin White is known to your office as a very responsible operator, so the non compliance factor surprised us greatly. 4. Plus Kevin wasn't notified until after there were multiple non -compliant readings due to some type of E-Mail problem at the lab (Environmental Testing Solutions). 5. Had Kevin been immediately alerted to the first non -compliant reading he could have made adjustments, as he did after he finally found out about the high readings, and my supposition is that the monthly average would have been in compliance. 6. As is evidenced by current compliance reports we are back to our normal readings.' 7. However we still plan to improve the plant, and have now decided on the engineer and are proceeding with design phase of the work necessary to add an "EQ" Tank to our plant. 8. As you must know this is an expensive process and any help from your office will be greatly appreciated. CC: Kevin White (White Water Environmental) J. Thurman Horne; P.E. LE J:UN: 3 0;:2006 I WATER QUALITY SECTDO!J ASHEVILLE REG;Qi�iA! _OFPJCE^� P.O. BOX 745 • HENDERSONVILLE, NORTH CAROLINA 28793 PHONE (828) 693-0023 • FAX (828) 693-0911 Wmcgeel7l@mchsi.com Horizon Engineering Ansulfing, Inc. ym; , 2510 Walker Road Mt. Pleasant, N.C. 28124 704 788-4455 Fax: 704-788-4455 Mr. Walter T. McGee April 11, 2006 Biltmore Investments, .Ltd. P.O. Box 745 Hendersonville, N.C. 28793 Subject: Proposal for Engineering Services Proposed WWTP FIow Equalization Bear Wallow Subdivision WWTP Dear Mr. McGee, I appreciate the opportunity to submit this proposal to work with Bilimore Investments, Ltd. (hereafter referred to as "the owner") in conjunction with your plans to upgrade the waste water treatment facilities now existing at Bear Wallow Subdivision (BWWWTP.) As per your request, Horizon Engineering & Consulting, Inc. (hereafter referred to as "the engineer") is proposing to provide engineering services to prepare plans and specifications for the upgrading, modification, of existing components and the addition of components at BWWWTP to add influent flow equalization facilities. As per our conversation, the concept of adding a tank or tanks (Probably precast concrete tanks) will be utilized as the basic guidance for developing the final plans and specifications but, there may be minor adjustments and variations, if deemed appropriate in the course of developing the final plans and specifications. This proposal does not include the costs for obtaining any local permits (building, etc.), any subsurface investigations, locating underground utilities, inspection or confirmation electrical power supply, or any surveying of the property to confirm the location of existing and/or proposed facilities with respect to property lines, well locations, surface waters, etc., as may be necessary. (At this time, the engineer does not foresee the need for any additional surveys and will endeavor to try to avoid or minimize any such necessity by relying upon existing plans, snaps, etc. as the owner may provide. At a minimum, the engineer will need for the owner to provide a plan drawing showing the location of the existing BW W WTP with respect to existing property lines and at least one point of established elevation at the BWWiVTP.) This proposal does not include any investigation or testing of the mechanical, electrical or structural integrity of the existing and/or used wastewater treatment components that may be utilized in proposed construction and/or modifications. The engineer has and will visually inspect any such components and will make such determinations as are reasonably possible based on his knowledge and experience within the limitations of such visual inspection. The following is a proposed payment schedule: 1. Prepare design plans and specifications in draft form (unsigned, unsealed ) for your review. 2. Upon receipt of payment for step 1. above, make any requested changes, sign and seal plans and specifications and assemble all information as necessary to submit for request for Authorization to Construct (ATC). (Note: Application forms and/or correspondence will be prepared but must be signed by an authorized official of the owner.) 3. Make changes, consultation, etc. as necessary to respond to comments received from the state. $ 3,500 upon delivery $ 250 upon submission $ 250 upon receipt of ATC 4. Provide final inspection after construction. S 500 upon completion of construction 1? and re t for final inspection 5. Provide engineering certification upon completion of No charge construction consistent with approved plans and specifications_ Total = $4,500.00 Note: This proposal only provides for one site inspection upon receiving advisement that construction is complete and ready for final inspection. If the results of this inspection reveal that additions, changes, etc. are needed that necessitate additional site inspection (s), these are not included in this proposal and will be charged based on actual time ( $ 90/hr including time for travel ) and expenses (mileage, hotel, meals, etc_) incurred. Similarly, this proposal does not provide for pre construction or during construction meetings and or inspections. Any such meetings or inspections as may be requested by the owner will be charged based on actual time { $ 90/hr including time for travel ) and expenses (mileage, hotel, meals, etc.) incurred. If this proposal is acceptable to you, please sign and date where indicated below and return an original signed copy to me. This proposal expires ifnot signed and returned by July 1, 2006. I appreciate the opportunity to present this proposal. If you have any questions or if I can be of any assistance, please do not hesitate to call me (704-788-4455.) I hope that this proposal meets with the your approval. I look forward to working with Biltrnore Investments, Ltd. in this endeavor_ Sin e y urman Horne, P.E. esident This proposal accepted: X �c Mr. Walter T. McGee Biltmore Investments, Ltd Date: �-� �s rt;,a a � t � i•- - a rah r t•�r o June 2"d, 2006 Biltmore Investments Walter McGee c/o Kevin White 417 C.C. Lovelace Road Rutherfordton, NC 28139-8345 RE: PROPOSAL FOR ENGINEERING SERVICES Dear Waiter: IN ST. a FOREST CrrY, NC 28043 828 2474495.828-247-4499 FAx i appreciate the opportunity to provide you with this proposal for Engineering Services. We propose to provide the design of a 10,000 gallon flow equalization basin. Total fee for eng neere services; moo oo This total does not include surveying, soil testing or construction administration. Should you have any questions or comments regarding this proposal, please do not hesjtate to give me a call. if it satisfactorily sets forth your understanding of our agreement, please sign in the space provided below. Sincerely, Jonathan Hollified, P_E_ Accepted this day of 20 By: (signature) (title) (printed name) North Carolina Department of Environment and Natural Resources DIVISION OF WATER QUALITY Surface Water Protection Asheville Regional Office NCDENR 2090 U.S. Highway 70 Swannanoa, North Carolina 28778 Phone:828/296-4500 Fax:828/299-7043 To: --ga n C—Lje-Pr-A- Fax: `Tly — '73`�- M Date: �- 0 - O t Number of pages including cover: 3 MESSAGE: 1 8281296-4500 Ze-& r 1 Cnl D S Zem r ,, s v /u One NorthCarolina AMWAY • DIVISION OF WATER QUALITY - CIVIL PENALTY ASSESSMENT (FILE) Violator: Bearwallow Valley Mobile Home Park County: Henderson Case Number: LV-2006-0171 ASSESSMENT FACTORS As required by G.S. 143-214.6A(c), in determining the amount of the penalty I considered the factors set out in G.S. 143B-282.1(b), which are: 1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation; The assessment occurred as a result of one monthly average violation of the facility's ammonia limitation. 2) The duration and gravity of the violation; The violation occurred in the month of April 2006 and exceeded the facility's limitation by 49%. 3) The effect on ground or surface water quantity or quality or on air quality; No in -stream ammonia concentrations were measured to document adverse impacts attributable to the excessive discharge concentration. 4) The cost of rectifying the damage; The cost of preventing the violation was expected to be minimal. More intensive operational oversight would have been likely prevented the situation. 5) The amount of money saved by noncompliance; As a contract firm operates the facility, the permittee saved no money as a result of the non-compliance. I 1 0 Bearwallow Valley Mobile Home Park Henderson County Case LV-2006-0171 Page 2 6) Whether the violation was committed willfully or intentionally; The facility had no effluent violations during the six (6) months preceding the month of April 2006; consequently, the violation was likely unintentional. 7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and During the period April 2005 through March 2006, the facility had only one (1) daily maximum fecal coliform violation. 8) The cost to the State of the enforcement procedures. $100.00 1�'A?1'06 ate --- Roget C Edwards, Regional .Supervisor Surface Water Protection Asheville Regional Office �C'� W AT �R Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department.,=—tironment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality Asheville Regional Office SURFACE WATER PROTECTION July 14, 2006 L E'4�1;19r- Walter McGee Biltmore Investments, Ltd. P.O. Box 745 Hendersonville, North Carolina 28793 SUBJECT: Compliance Evaluation Inspection Status: Compliant Bear Wallow Valley MHP WWTP Permit No: NCO076082 Henderson County Dear Mr. McGee: Enclosed please find a copy of the Compliance Evaluation Inspection form from the inspection conducted on June 21, 2006. The facility appeared to be in compliance with Permit # NC0076082. 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, �—Janet Cantwell Environmental Technician Enclosure Gi4Asl ''eville-Fiie� ,wlqattachme.n.. WQ Central Files, w/ attachmenf Kevin White/ORC, w/ attachment NortliCarolina N111111Q11f 2090 U.S. Highway 70, Swannanoa, NC 28778 Telephone: (828) 296-4500 Fax: (828).299-7043 Customer Service 1 877 623-6748 United States Environmental Protection Agency Farm Approved. EPA Washington, D.C. 2046o 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 INI 2 Ls 3I N00076082 I11 12I 06/06/21 117 181r1 19Is1 20` I l �-!! —! Remarks 21IIIIIIIIIIII IIIIIIII IIII IIIIIIII IIIIIIIIIIII II16 Inspection Work Days Facility Self -Monitoring Evaluation Rating B1 CIA --- - -- -- --- -Reserved---------------- 671 169 70 f I 711 I 721 NJ 73 I I 174 751 I I I I I I 180 t— 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) 10:05 AM 06/06/21 01/06/01 Bear Wallow Valley MHP WWTP Exit Time/Date Permit Expiration Date Bearwallow Rd NCSR 1587 Hendersonville NC 28792 11:10 AM 06/06/21 05/11/30 Name(s) of Onsite Representative(s)lfitles(s)/Phone and Fax Number(s) Other Facility Data Kevin C White/ORC/866-882-8194/ Name, Address of Responsible Official/Title/Phone and Fax Number Nicholas Stefanou,104 Low Gap Rd Hendersonville NC Contacted 28739//828-685-3881/ Yes Section C: Areas Evaluated During Inspection (Check only those areas evaluated) Permit N Flow Measurement ® Operations & Maintenance ■ Records/Reports Self -Monitoring Program N 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 Janet Cantwell / j ARO WQ//828-296-4500 Ext.4667/ Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers D to EPA For)3560-3 (Rev 9-94) Previous editions are obsolete. Page # 1 NPDES yr/mo/day Inspection Type 3I NC0076082 I11 12I 06/06/21 117 18ICI Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) Kevin White/ORC assisted in the inspection of this facility. The facility has submitted a renewal application. The facility is well -operated and maintained. Records and reports were on site and complete. Audible and visual alarms were tested during the inspection and were operable. The effluent was very clear. The area around the effluent discharge pipe needs weed eating. Page # 2 } Permit: NCO076082 Inspection Date: 06/21/2006 Owner - Facility: Bear Wallow Valley MHP WWfP 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? ■ ❑ ❑ n # 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 facility has submitted a renewal application Operations 8�_Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? ■ ❑ ❑ ❑ Does the facility analyze process control parameters, for ex: MLSS, MCRT, Settleable Solids, pH, DO, Sludge ■ ❑ ❑ n Judge, and other that are applicable? Comment: The facility is well -operated and maintained. 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? ■ ❑ ❑ ❑ (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? ■ ❑ n ❑ Is the backup operator certified at one grade less or greater than the facility classification? ■ ❑ ❑ ❑ Page # 3 ti Permit: NC0076082 Owner - Facility: Bear Wallow Valley MHP WWTP Inspection Date: 06/21/2006 Inspection Type: Compliance Evaluation Record Keeping Yes No NA NE 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: Records and reports were on site and complete. Pump Station - Influent Yes No NA NE Is the pump wet well free of bypass lines or structures? ■ n n n Is the wet well free of excessive grease? ■ n n n Are all pumps present? ■ n n n Are all pumps operable? ■ n n n Are float controls operable? ■ ❑ ❑ ❑ Is SCADA telemetry available and operational? n n ■ n Is audible and visual alarm available and operational? ■ n n n Comment: Audible and visual alarms were tested during the inspection and were operable. Bar Screens Yes No NA NE Type of bar screen a.Manual ■ b.Mechanical Are the bars adequately screening debris? ■ ❑ ❑ ❑ Is the screen free of excessive debris? ■ n n n Is disposal of screening in compliance? ■ ❑ ❑ ❑ Is the unit in good condition? ■ n n n Comment: Aeration Basins Yes No NA NE Mode of operation Ext. Air Type of aeration system Diffused Is the basin free of dead spots? ■ ❑ ❑ Are surface aerators and mixers operational? n n ■ n Are the diffusers operational? ■ n n ❑ Is the foam the proper color for the treatment process? ■ n n n Page # 4 ! ` A Permit: NCO076082 Inspection Date: 06/21/2006 Owner - Facility: Bear Wallow Valley MHP WWTF, Inspection Type: Compliance Evaluation Aeration Basins Yes No NA NE Does the foam cover less than 25% of the basin's surface? ■ ❑ ❑ ❑ Is the DO level acceptable? 110 ❑ ■ 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? ■ ❑ n n Is the site free of excessive buildup of solids in center well of circular clarifier? ❑ ❑ ■ ❑ Are weirs level? ■ ❑ ❑ ❑ Is the site free of weir blockage? ■ ❑ ❑ ❑ Is the site free of evidence of short-circuiting? ■ ❑ ❑ ❑ Is scum removal adequate? ■ n n n Is the site free of excessive floating sludge? ■ ❑ ❑ ❑ Is the drive unit operational? ❑ n ® n Is the return rate acceptable (low turbulence)? ■ ❑ ❑ ❑ Is the overflow clear of excessive solids/pin floc? ■ ❑ ❑ ❑ Is the sludge blanket level acceptable? (Approximately''/4 of the sidewall depth) ■ ❑ ❑ n Comment: Disinfection -Tablet Yes No NA NE Are tablet chlorinators operational? ■ ❑ ❑ ❑ Are the tablets the proper size and type? ■ ❑ ❑ ❑ Number of tubes in use? 1 Is the level of chlorine residual acceptable? ❑ Cl ❑ ■ Is the contact chamber free of growth, or sludge buildup? ■ ❑ ❑ ❑ Is there chlorine residual prior to de -chlorination? n ❑ ❑ ■ Comment: _ 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? ❑ Cl ■ ❑ # Is de -chlorination substance stored away from chlorine containers? ® ❑ ❑ ❑ Page # 5 Permit: NC0076082 Inspection Date: 06/21/2006 Owner - Facility: Bear Wallow Valley MHP WWTP Inspection Type: Compliance Evaluation Comment: Are the tablets the proper size and type? ■ n n O Are tablet de -chlorinators operational? ■ n n n Number of tubes in use? 2 Comment: There are 2 tubes of dechlor tablets to 1 tube of chlorine tablets. The effluent was very clear. Effluent Pipe Yes No NA NE Is right of way to the outfall properly maintained? ■ n [l Are the receiving water free of foam other than trace amounts and other debris? ■ ❑ n n If effluent (diffuser pipes are required) are they operating properly? 0 n Comment: The area around the effluent discharge pipe needs weed eating. Page # 6 Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources July 7, 2006 f , Walter T. McGee Biltmore Investments, LTD P.O. Box 745 Hendersonville, NC 28793 Subject: Remission Request of Civil Penalty Assessment Bear Wallow Mobile Home Park WWTP NPDES Permit NC- 0076082 Henderson County Case Number LV-2006-0171 Dear Mr. McGee: Alan W. Klimek, P.E. Director Division of Water Quality This letter is to acknowledge the receipt of your request for remission of the civil penalties levied against Bear Wallow Mobile Home Park WWTP. As soon as the Department receives a Completed Ownership Change Request Form (Emailed to you on 7-6-06), your request will be placed on the agenda of the Director's next scheduled enforcement conference and you will be notified of the result. If you have any question or I can be of further assistance about this matter, please contact me at (919) 733-5083, extension 539. Sincerely, zz Robert Guerra, Western Region NPDES Point Source Branch Cc Ashyeville ReglonaL.O.ffice g, Enforcement file wloriginals Central Files oe NCarolina Natimally North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone (919) 733-5083 Customer Service Intemet: h2o.enr.state.no.us 512 N. Salisbury St. Raleigh, NC 27604 FAX (919) 733-0719 1-877-623-6748 An Equal Opportunity/Affirmative Actim Employer— 50% Recycled110% Post Consumer Paper p G 0 (j I (d U -6 0 C. Date qf,pel r) Eb UI , I 117 Ely ,Fo�l '01Y z jority Mail Express(E) qlstered MallT" ,clistered Mail Restrict( -9590 9403 0672 5196 9501 00 rtified Mail Restricted C(elivery Turn NeGelpi 0 Collect on Delivery Merchandise ❑ Collect on Delivery Restricted Delivery El Signature Conf 0 Signature Conf 7012 1010 0002 1965 5846 Restricted Delivery Restricted Dell, 10) 7' -90 ! 53Aw'90110 JVIV-0017 (--Domestic Return 3Q r: �ili R1:1 &.;�Wii �sn"[A P.�,ml AR -nq�nnnl UNITED STATES. 'MWE', SI 21151:6"t First -Class Mail Postage & Fees . USPS Permit No. G-10 • Sender: Please print your name, address, and ZIP+4® in this box* JANET CANTWELL NCO EO-0WR-WOR,QS 2690 I1.5.'NIGHWAV jU SWANNANOA NC 28778 N. LISPS TRACKING# N'N'*611 ■ ffl�lete items 1, 2, and 3. A. Sig fitu ■ Print your name and address on the reverse X Agent ❑ Addresse( so that we can return the card to you. B. Receive y (P led Name) C. Date of Deliver) ■ Attaoh this 9grd to the back of the mailpiece, CIO or on the front if space permits. 1 � icle�ddressarl-*� _ �"i c� , very�e�dd ass rent from itergO7 Yes YES;er deliv dress belQA. /p No WeraltT. McGee, President = ` a Biff"more Investments LTD Post Office Box 745 Hendersonville, NC 28793-0745 o` °c u u Ilt .I Iln I I �Ilu�l�llrlr��rlr��'Il�llr Illl�lllrlll � , �'Qej III I II I III I I III I II III Service Type El Priority reds Express® II I IIIIII III III I I ❑ Adult Signature c` El Registered MaliTM p Aduult Signature Restricted d De Delivery ❑ Registered Mail ResMcti ¢ertifl6d Mail® Delivery 9590 9402 2119 6132 6493 52 I&rtified Mail Restricted Delivery jUeturn Receipt for ❑ Collect on Delivery Merchandise r _ —. —•—• -•- - - ")n Delivery Restricted Delivery ❑ Signature Confirmation*' r, ; :N: [],Signature Confirmation 7 Q Q 1 6;5 1 9192 all. : LIa11;Restricted Delivery; ;Restricted Dellve over 500)' nr.ar.__f� 70•1.-1 i i4 ei r.6w. nn_nnn_'nn=aA PAY] 1-1.114 M I l_/)i 17) Domestic Return ReaeJbt USPS TRACKING # 9590 9402 2119 6132 6493 52 United States Postal Service First -Class Mail Postage & Fee111111 s USPS Permit No. G-10 • Sender! Please print your name, address, and ZIP+4® in this boxo JANEr CANTWELL NCDEOAWR-WOROS 2090 U.S. HIGHWAY 70 SWANNANOANC 28778 _ ling-Devaitr7 ' of Environmental. Quality Hater Qukly'R> opal ej tions Section 2090HigfivJa'y. -:;;- Swannarioa, North Carolina` 28778 Alalter T. McGee, President Biltmore InvEstments LTD e Post Office'ox 745 Hendersor! ille, NC 28793-0745 Irlitlilrlf�lnlll���ll�ll"�I�I'Irlr��rir��'ll�lli��l 9590 9403 0672 5196 9685 45 70 02 1965 2566 YJ Agent ❑ Addressee �ceived by (Printed Name) C. D e of li ery delivery address different from.item 1 ❑Yes YES, enter delivery address below: ❑ No M 3. Service Type ❑ Priority Mail Express® ❑ Adult Signature ❑ Registered Mall ❑ Adult Signature Restricted Delivery ❑ Registered Mail Restricts rH�Certified Mail® Delivery mcertified Mail Restricted Delivery tgRetumReceipt for ❑ Collect on Delivery Merchandise ❑ Collect on Delivery Restricted Delivery ❑ Signature ConfirmationTM n laei-'i a.Wil ` ; i i ' - . ?pail Restricted Delive ry:...... ' 0 Signature Confirmation Restricted Delive l- 7.q Fnrm `dR11- AnriIs9M6':i?SN 753n-n2'000-9053 i L -A, t/ _ ne (a 11 Domestic UNITED STATES,j,+P'F/¢�Q First -Class Mail Postage & Fees Paid USPS • Permit No. G-1 • Sender:: Please print your name, address, and ZIP+4® in to' bo3c,%�_ JANET CANTWELL NCDEO-OWR-WORDS SSS -90 U.S. NIGNWAV 70 SWANNANOANC 78778 •`w-x{, USPS TRACKING# Q Qom° 2 Q�2'rr 9590 9403 0672 5196 9685 45 ■ lete items 1, 2, and 3. Also complete if Restricted Delivery is desired. ■ your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. A. Signature — % _ ❑ Agent _ ❑.Addressee Receiv ' jPrinted a e) ' r - - C. t e of gli r C/S/ D D. Is delivery �ress di'iffeient IYI�ES, enFevdelivery from item 1 ❑ Yes l " ' address below: ❑ No 1. Article Addressed to: A� /��/ Z I•COO { k— I �_: ! C� UJ L! >- S i ice Typg' e�rtified Mail egistered Insured -Mai `press Mail f Retum Receipt for Merchandise ❑ C.O.D. i 4. Restricted Delivery? (Extra Feel ❑Yes J� 7D05i039PI 000i7, 3553tP6 Tj..:.li U V H '6a , pS Forfn 3811,,F,ebruary 2004 , Domestic Return Receipt iozsss-oz-nn- UNITED STATES POSTAL SERVICE First -Class Mail. Postage & Fee USPS 111111 Permit No. G-10 • Sender: Please print your name, address, and ZIP+4 in this box • rrimmnrmIIHMmnmEMnmrUMIMmrmrM rry Pat McCrory Governor NCD Nk North Carolina Department of Environment and Natural Resources June 19, 2014 Mr. Nicholas Stefanou Bearwallow Valley Mobile Home Park 104 Low Gap Road Hendersonville, North Carolina 28739 SUBJECT: Compliance Evaluation Inspection Bearwallow Valley MHP Collection System Permit No: WQ0007935 Henderson County Dear Mr. Stefanou: John E. Skvarla, III Secretary Enclosed please find a copy of the Collection System Compliance Evaluation Inspection form from the inspection I conducted on May 28, 2014. The facility appeared to be in compliance with permit WQ0007935. The kind assistance of Mr. Kevin White/ ORC was greatly appreciated during this inspection. Mr. White is doing a fine job of operating and maintaining this system. Please refer to the enclosed inspection report for additional observations and comments. A copy of the "2T Rules" which regulate your collection system is included. If you or your staff have any questions, please call me at 828-296-4500. Sincerely, et Cantwell Environmental Specialist Asheville Regional Office Enclosures cc: ='�Q Ashevielle Files w/-attac MSC 1617-Central Files -Basement w1 attachments Kevin White/ ORC w/ attachments G.^:WR'Wc}`,fl�nderson`S'aste raiertliinors':i3ear Wallow Valley 1.11iP 76085•:WQpiio7Q:;i-insp-0Aiec.Svs->_?$-ld.doe Water Quality Regional Operations —Asheville Regional Office 2090 U.S. Highway 70, Swannanoa, North Carolina 28778 Phone: 828-296-4500 FAX: 828-299-7043 Internet: http:/Iportal.ncdenr.org/web/wq An Equal Opportunity 1 Affirmative Action Employer rry Permit: WQ0007935 SOC: County: Henderson Region: Asheville Compliance Inspection Report Effective: 01/14/94 Expiration: Owner: Bearwallow Valley Mobile Home Park Effective: Expiration: Facility: Bearwallow Valley Mhp-Mhp Contact Person: Nicholas Stefanou Directions to Facility: System Classifications: Primary ORC: Secondary ORC(s): On -Site Representative(s): Related Permits: Title: Certification: Phone: 704-685-3881 Phone: Inspection Date: 05/28/2014 Entry Time: 11:30 AM Exit Time: 12:25 PM Primary Inspector: Janet Cantwell Phone: 828-296-4500 �9�aA4�Ext.4667 Secondary Inspector(s): Reason for Inspection: Routine Inspection Type: Compliance Evaluation Permit Inspection Type: Gravity Sewer Extension, Pump Stations, & Pressure Sewer Extensions Facility Status: ® Compliant ❑ Not Compliant Question Areas: ® Miscellaneous Questions ® Misc (See attachment summary) Page: 1 Permit: WQ0007935 Owner - Facility: Bearwallow Valley Mobile Home Park Inspection Date: 05/28/2014 Inspection Type: Compliance Evaluation Reason for Visit: Routine Inspection Summary: This is the first inspection of the collection system for this facility. Mr. Kevin White/ ORC/ operator in responsible charge for the WWTP has been taking very good care of the collection system for many years. This collection system consists of a pump station, five manholes and one high priority line. The original map and a copy of the collection system map are kept in the well -house. It is suggested that the original map be kept by the owner and a copy be kept on site. The well -house is rather damp so a drier area would be more appropriate. The pump station w/ dual pumps was operable and the audible and visual alarms were working. It was also clean inside. There was no spare pump, however, A & D Maintenance services equipment at the facility and would supply a spare pump if needed. The operator and inspector inspected one of the manholes and it was found to be free -flowing and clean. The one "high priority" line crosses the creek near the wastewater treatment plant and appeared to be in good shape and was easly accessible. Mr. White/ ORC stated that copies of the "FOG" (fats, oils, grease) educational materials are handed out every six months to the residents and are printed in English and Spanish. Copies of these are in the DWR-WQ facility file. The ORC also stated they have an emergency/ overflow response plan in place. Mr. White walks through the development periodically to observe the area and the manholes. The pump station is also checked daily during the week and the Park Manager looks after it on weekends and holidays (365 days per year as required by the permit). A copy of the "2T Rules" (15A NCAC 02T .0403) under which this system is regulated is included with this inspection report. Misc Is the facility compliant? Comment: This is the first inspection of the collection system for this facility. The operator in responsible charge for the WWTP has been taking very good care of the collection system for many years. Yes No NA NE Page: 2 VFV 15A NCAC 02T .0403 . PERMITTING BY REGULATION . _ ..... _.......... ..... . (a) Collection systems having an actual, permitted or Division approved average daily flow less than 200,000 gallons per day are deemed permitted pursuant to Rule .0113 of this Subchapter provided the system meets the criteria in Rule .0113 of this Subchapter and all specific criteria required in this Rule: (1) The sewer system is effectively maintained and operated at all times to prevent discharge to land or surface waters, and to prevent any contravention of groundwater standards or surface water standards. (2) A map of the sewer system has been developed and is actively maintained. (3) An operation and maintenance plan including pump station inspection frequency, preventative maintenance schedule, spare parts inventory and overflow response has been developed and implemented. (4) Pump stations that are not connected to a telemetry system (i.e., remote alarm system) are inspected by the permittee or its representative every day (i.e., 365 days per year). Pump stations that are connected to a telemetry system are inspected at least once per week. (5) High -priority sewers are inspected by the permittee or its representative at least once every six - months and inspections are documented. (6) A general observation by the permittee or its representative of the entire sewer system is conducted at least once per year. (7) Overflows and bypasses are reported to the appropriate Division regional office in accordance with 15A NCAC 02B .0506(a), and public notice is provided as required by G.S. 143-215.1C. (8) A Grease Control Program is in place as follows: (A) For publicly owned collection systems, the Grease Control Program shall include at least bi-annual distribution of educational materials for both commercial and residential users and the legal means to require grease interceptors for new construction and retrofit, if necessary, of grease interceptors at existing establishments. The plan shall also include legal means for inspections of the grease interceptors, enforcement for violators and the legal means to control grease entering the system from other public and private satellite sewer systems. (B) For privately owned collection systems, the Grease Control Program shall include at least bi-annual distribution of grease education materials to users of the collection system by the permittee or its representative. (C) Grease education materials shall be distributed more often than required in Parts (A) and (B) of this Subparagraph if necessary to prevent grease -related sanitary sewer overflows. (9) Right-of-ways and easements are maintained in the full easement width for personnel and equipment accessibility. (10) Documentation shall be kept for Subparagraphs (a)(1) through (a)(9) of this Rule for a minimum of three years with exception of the map, which shall be maintained for the life of the system. (b) Private collection systems on a single property serving an industrial facility where the domestic wastewater contribution is less than 200,000 gallons per day shall be deemed permitted. (c) The Director may determine that a collection system should not be deemed to be permitted in accordance with this Rule and Rule .0113 of this Subchapter. This determination shall be made in accordance with Rule .0113(e) of this Subchapter. History Note: Authority G.S. 143-215.1(a); 143-215.3(a); 143-215.9B, Eff. September 1, 2006. cx: Michael F. Easley, Governor y �{ William G. Ross Jr., Secretary 1' Nod, •.Carolina De'Partment of Environment and Natural Resources Coleen H. Sullins, Director Division of Water Quality SURFACE WATER PROTECTION SECTION September 6, 2007 Mr. McGee Biltmore Investments LTD PO Box 745 Hendersonville, NC 28793 SUBJECT: Wastewater Collection System Owner & Operator Requirements Bear Wallow Valley MHP WWTP NCO076082 Henderson County Dear Mr. McGee: I would like to take this opportunity to discuss the requirements for sewerage collection systems that were first established in 15 NCAC .02H .0200 in March 2000 and are now found in 15 NCAC 2T .0403, Waste Not Discharged to Surface Waters, which became effective September 1, 2006. These Regulations place significant operation, maintenance and reporting requirements on those entities that own or operate a wastewater collection system with average daily flows of less than 200,000 gallons per day. These regulations are applicable to your facility. This letter is provided as guidance to assist you in complying with the new reporting and operations and maintenance (O&M) requirements and to advise you that you are subject to system review, inspections and possible enforcement, if the system is not in compliance with the regulation. For your convenience and easy reference, a highlight of these requirements and the following guidance are offered (see enclosed). You may find the regulations using the following web site: http://h2o.enr.state.nc.us/peres/Collection%20Systems/CoIlecti on Systems Home. htmI The Asheville Regional Office will be increasing the level of oversight, compliance activities and enforcement relating to collections systems, therefore, we wanted to be sure you are aware of the requirements for these systems. We will be performing NPDES Wastewater Collection System inspections sometime in the near future. Novi thCarolina Naturally North Carolina Division of Water Quality 2090 US Hwy 70; Swannanoa, NC 28778 Phone (828) 296-4500 Internet: www..ncwaterquality.org ' Customer Service 1-877-623-6748 FAX (828) 299-7043 An Equal Opportunity/Affirmative Action Employer — 50% Recycled/10% Post Consumer Paper September 6, 2007 Page 2 of 2 If this Office has not previously inspected your wastewater collection system and records of same, you should be prepared to demonstrate compliance with all criteria listed above. Enclosed is an inspection form that you can use to assemble your records prior to an inspection by the staff of this Office. This Office has a Wastewater Treatment Plant Consultant on staff to offer assistance to you in complying with the requirements of these regulations. Should you have questions or n-eed-additionalinforrration-regardin-g-this-isscr"Iease contact-Don-Price—at-(828)-296-4500. -- Should you have any other questions concerning this correspondence or the requirements relating to collection systems, please contact Roy Davis or Keith Haynes at 828- 296-4500. Sincerely, Roger C. Edwards, Supervisor Surface Water Protection Section cc: Deborah Gore - PERCS Unit - w/out enclosures lev-ills-Regioriai=0ffce�facility-file---w/aut=enclosures--- DWQ - SWPS - Central Office Files - w/out enclosures State of North Carolin� Department of Environment and Natural Resources Division of Water Quality Michael F. Easley, Governor William G. Moss Jr., Secretary Kerr T. Stevens, Director BEARWALLOW VALLEY MHP NICK STEFANOU 104 LOW GAP ROAD HENDERSONVILLE NC 28739 Dear Mr. Stefanou: "VA NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES April 19, 2001 APR 2 0 2001 Subject: Permit No. WQ0007935 Bearwallow Valley MHP Sewer -Private Hendetson County The Division's Non -Discharge Permitting Unit has received your signed and sealed certification with record drawings. The Division hereby accepts this certification based upon its execution and submittal by a North Carolina Professional Engineer. Please note that the record drawings will be forwarded to the Asheville Regional Office and have not been reviewed. If a review is conducted, you will be notified of any non -conformity with the Minimum Design Criteria. If it would be helpful to discuss this matter further, I would suggest that you contact the Water Quality Regional Supervisor at the Asheville Regional Office at (828) 251-6208. cc: Sincerely, Thelma Williams Asheville Regional Office, Water Quality Section Central Files William G Lapsley & Associates 1617 Mail Service Center, Raleigh, NC 27699-1617 Telephone 919-733-5083 Fax 919-715-6048 An Equal Opportunity Affirmative Action Employer 50 % recycled/10 % post -consumer paper Permit No. WQ0007935 January 14, 1994 ENGINFF.R'g CERTIFICATION to ILU I, having �M 6' Engineer in the State Carolina, having ing been authorized to o(periodically, as a duly registered Professional En g of North observe �P y, �ef�ti0O the construction of the project, P9W R 40 (0 v VILI-Ef MO Si LE QN1* (2SW N OM Y for the Project Name }.. I) M E A M Location Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construct' h that the co struction was observed to be built within substantial compliance and intent of this p ed s d sp ifications, and other supporting materials. Signature Registration No. (a �► LD Date tA �O - ��:.Q�- SEAL�� 6469' ufm TbaDiVsionofRr�QWityh�y rapt 2d acceptance of this Engineers Ceniticadon s 111A�c�� �Eo '' 0 NON NPDES F TY AND PERMIT DATA 04 01 10:57:28 UPDATE QPTIO� TRXID KEY WQ0007935 PERSONAL DATA FACILITY APPLYING FOR PERMIT APP/PERMIT FEE-$ 400.00 REGION FACILITY NAME> BEARWALLOW VALLEY MHP-MHP 2 COUNTY> HENDERSON 01 ADDRESS: MAILING (REQUIRED) ENGINEER: WILLIAM G. LAPSLEY & ASSO STREET: 104 LOW GAP ROAD STREET: PO BOX 546 CITY: HENDERSONVILLE ST NC ZIP 28739 CITY: HENSONVILLE ST NC ZIP 28793 TELEPHONE 704 685 3881 TELEPHONE: 704 697 7334 STATE CONTACT> KUSKE FACILITY CONTACT NICK STEFANOU TYPE OF PROJECT> SEWERS -PRIVATE 02 LAT: LONG: DATE APP RCVD 05/17/93 N=NEW,M=MODIFICATION,R=REISSUE> N DATE ACKNOWLEDGED 05/24/93 DATE REVIEWED 05/24/93 RETURN DATE REG COMM REQS 05/24/93 DATE DENIED / / NPDES #- NCO076082 REG COMM RCVD 06/03/93 DATE RETURNED / / TRIB Q .0100 MGD ADD INFO REQS 09/10/93 OT AG COM REQS / / TRIB DATE- 01/14/94 ADD INFO RCVD 12/20/93 OT AG COM RCVD END STAT APP P 03/20/94 DATE ISSUED 01/14/94 DATE EXPIRE FEE CODE( 7)1=(>1MGD),2=(>10KGD),3=(>1KGD),4=(<1KGD+SF),5=(S>300A),6=(S<=300A), 7=(SENDEL),8=(SEDEL),9=(CLREC),0=(NO FEE) DISC CODES 08 ASN/CHG PRMT ENG CERT DATE 04/10/00 LAST NOV DATE / / CONBILL( ) COMMENTS: FLOW IS 10,000 GPD, 1ST ADD IN REQS 5/24/93 RCVD 6/3/93 MESSAGE: *** DATA MODIFIED SUCCESSFULLY *** .1 Organizations and Safety in Aviation WILLIAM M. BERRY, JR. 10 Evergreen Drive Newnan, Georgia 30263 - Brigadier General, USAF lZAB Senior Executive Service. FAA 253-0517 (Ret State of North Carolina Department of Environment and Natural Resources Asheville Regional Office Michael F. Easley, Governor William G. Ross, Jr., Secretary Kerr T. Stevens, Director Division of Water Quality WATER QUALITY SECTION July 9, 2001 MEMORANDUM TO: File NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES FROM: Roy Davis " SUBJECT: Noise Reduction Bear Wallow Valley Mobile Home Park Sewage Treatment Plant NPDES Permit Number NCO076082 Henderson County Condition A.(2) of NPDES Permit Number NCO076082 which was issued on April 25, 2001 for the continued operation of the sewage treatment plant serving Bear Wallow Valley Mobile Home Park requires that "The Permittee shall take measures to reduce noise generated at the facility within 30 days of permit issuance." . On June 14, 2001 I inspected the sewage treatment plant serving Bearwallow Valley. I observed a roofed wooden structure which completely enclosed the blowers. On site noise was considerably reduced. The blowers could barely be heard in the back yard of the Sharon White residence. It is my opinion that the owners of the mobile home park have taken adequate steps to reduce noise resulting from operation of the plant. xc: Steve Zoufaly 76082M1.01 59 Woodfin Place, Asheville North Carolina 28801 Telephone 828-251-6208 FAX 828-251=6452 An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper La® William M. Berry, Jr. Route 2, Box 382 Hendersonville, NC 28792 May 15, 2001 NC. Division -of Water Quality Asheville Office 59 Woodfm Place Asheville, NC 28801 FOIA Request Re: NPDES Permit Number NC 0076082, Bearwallow Mobile Home Park Pursuant to the federal Freedom of information Act, 5 U. S. C. s. 522 1 request access to and copies of. 1. The above referenced_ permit as re -issued subsequent to the _public hearing held on January 18, 2001. 2. All tests required by the terns of thepermit from the initial start date (May 1, 2000) for a one-year period (May 1, 2001). I agree to pay reasonable duplication fees for the processing this request and will present myself at your office to receive the copies. Thank you for your assistance. Sincerely Bearwallow Valley MHP final report Subject: Bearwallow Valley MHP final report Date: Wed, 14 Feb 2001 15:17:49 -0500 From: Steve Zoufaly <steve.zoufaly@ncmail.net> Organization: NC DENR Division of Water Quality Planning Branch To: Dave Goodrich <Dave.Goodrich@ncmail.net>, Natalie Sierra <Natalie.Sierra@ncmail.net>, Roy Davis <Roy.Davis@ncmail.net>, Forrest Westall <Forrest.Westall@ncmail.net>, Boyd Devane <Boyd.Devane@ncmail.net> I've revised the report based on the recommendations I received. The revised report is attached for your final review. Please let me know if additional changes are needed. In particular the changes are as follows: - appendix added (page 8 to last page) - recommendation to explicitly notify Mr. Stefanou of his responsibility was deleted - recommendations language now uses bold type (page 1) - some elaboration on recommendation section and concerns expressed (please review these sections especially and let me know if changes are needed.) (page 2 - 7) I'd like to get the completed report through Boyd and Coleen and then on to Tommy this Friday (16th). Thanks Name: ROP final.doc I` CROP final doe Type: Winword File (application/msword) =' Encoding: base64 Download Status: Not downloaded with message Steve Zoufaly <steve.zoufaly n_,ncmail.net> Env. Supervisor Division of Water Quality / Planning Branch NC DENR 1 of 1 2/14/2001 3:38 PM LX F=(A Meage Fr- om Jars 11 ' 01 14:41 Name: DIV �1RTER QURLITY Fax Number: 9197155637 HCDENR - DIV OF 0ER R l ann i nq Eranch DIV WATER QUALITY Fax:9197155637 Jan 11 M1 14:41 P.01 10 r \ A%\ )F PUBLIC HEARING IPA ; . TORE �� yry�A yy yyyy (/ ` r V J A A 4\ v!%'it> THE NORTH C.A,ROLINA ENVIRONMENTAL MANAGEMENT COMMISSION SUBJECT: A public hearing has been scheduled concerning the proposed renewal and issuance of the following NPDES permit: - Pemn t number NCO076082 to Nicholas Stefanou for Bearwaliow Valley Mobile Home Park Wastewater Treatment Plant located northwest of Edneyville (Henderson County) for the discharge of treated municipal wastewater into an Unnamed Tributary to Clear Creek. PURPOSE: This applicant has applied for renewal of his NPDES permit for the discharge of treated domestic of municipal wastewater into waters of the French Broad Rivet basin. On the basis of preliudnazy staff review and application of Article 21 of Chapter 143, General Statutes of Forth Carolina, and other lawful standards and regulations, the North Carolina Environmental Management Commission proposes to issue a NPDES permit for each facility subject to,specific pollutant limitations and special conditions. The Director of the Division of Water Quality pursuant to NCGS 143-215. 1 (c)(3) and Regulation 15 NCAC 2H, Section .0100 has determined that it is in the public interest that a meeting be held to receive all pertinent public comment on whether to issue, modify, or deny the permit. PROCEDURE: The hearing will be conducted in the following manner: w 1. An explanation of the North Carolina Environmental Management Commission's pennitti.tng procedure will be presented by the Division of Water Quality. 2. An explanation of the action for which each permit is required may be made by the applicant. 3. Public Comment - Comments, statements, data and other information may be submitted in writing prior to or during the meeting or may be presented orally at the meeting. Persons desiring to speak will 1'� ��indicate this intent at the time of registration at the meeting. So that all persons desiring to speak may do so, lengthy statements may be limited at the discretion of the meeting officer. Oral presentations that exceed three minutes should be accompanied by three written copies, which will be filed with Division staff at the time of registration_ DIV LLIRTER QUALITY Fax:9197155637 Jan 11 ' 01 14 : 41 . P. 02 WHEN: A. Cross examination of persons presenting testimony will not be allowed; however, the hearing officer may ask questions for clarification. 5. The hearing record may be closed at the conclusion of the meeting. January 18, 2001 at 7:00 p.m. WHERE: Western North Carolina Justice Academy 'US Highway 64 Edneyville, North Carolina INFORMATION. A copy of the draft N)PDES permit(s) and a map showing the location of the discharge(s) are available by writing or calling: Ms_ Christie Jackson NC Division of Water Quality/ NPDES Unit 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Telephone number: (919) 733-5083, extension 538 The applications and other information are on file at the Division of Water Quality, 512 North Salisbury Street, Room 925 of the Archdale Building in Raleigh, North Carolina and at the Division's Asheville Regional Office (59 Woodfin Place, Asheville, North Carolina), They may be inspected during normal office hours. Copies of the information on file are available upon request and payment of the costs of reproduction. All such comments and requests regarding this matter should make -reference to the. permit numbers) listed above. Y f61 —ram—r .t file:///Untitled This morning I received a call from Ms. Caroline Ejimofor, with EPA Region 4, who was calling on behalf of an Assistant Inspector General. It seems that Mr. William Berry, who lives in Georgia, owns property downstream from the Bear Wallow Valley MHP WWTP and has been opposed to the discharge from the start, called the Inspector General regarding the fact that Nick Stefanou, owner of the MHP, requested renewal'of his NPDES Permit approximately 3 months after its expiration but was being allowed to continue discharging. I confirmed the above. I told Caroline that I had no inclination to make an issue of the expired permit given that we had several dischargers operating under expired permits. I further informed her that Nick had built a fine WWTP which was being operated by probably the best contract operator working in Henderson County. She seemed satisfied. Just thought you all might like to know. Have a good weekend. Roy Roy Davis - Roy.Davis@ncmail.net North Carolina Dept. of Environment and Natural Resources Asheville Regional Office Division of Water Quality - Water Quality Section 59 Woodfin Place Asheville, NC 28801 Tel: 828-251-6208 Fax: 828-251-6452 1 of 1 11/3/2000 2:14 PM NORTH _-.ROLINA DEPARTMENT OF Al`ia ENVIRONMENT AND NATURAL RESOURCES �'_ NC®ENR DIVISION OF WATER QUALITY JAMES B. HUNT JR. August 23, 2000 GOVERNOR BILL HOLMAN Mr. William M. Berry, Jr. SECRETARY 10 Evergreen Drive Newnan, Georgia 30263 Dear Mr. Berry: KERR T. STEVENS DIRECTOR Thank you for your recent correspondences and sharing your concerns about the Bear Wallow Valley Mobile Home Park wastewater treatment plant in Henderson County. Secretary Bill Holman has also asked that I address the concerns you raised in his letter. The Division of Water Quality reviews permits on five-year cycles for each of the state's 17 river basins. These cycles are staggered, which allows both the staff and public to have a better opportunity to review these permit applications and make comment. Bear Wallow Valley and other NPDES permits in the French Broad River Basin are now up for renewal. I am sending your letters to Dave Goodrich, supervisor of the Division of Water Quality's NPDES Permitting Unit, with instructions that they be made part of the permitting file for Bear Wallow Valley and be treated as a request for a public hearing. You also asked to be informed of any problems relating to this particular plant. Of particular concern has been a used backup generator that was not starting when the automatic switch tripped. I am pleased to say that the situation has been corrected. Staff of the Asheville Regional Office visited the facility today and report that a new generator has just been installed and is operating well. For more information please feel free to contact our Asheville Regional Office at (828) 251-6208. Our files, which contain compliance data, are also available to public view weekdays during normal business hours at both the regional office and in the Raleigh central office. You can contact the Raleigh office at (919) 733-5083, ext. 225. Thank you again for sharing your comments on these matters. - - Sincerely, AUG 3 0 2000 - Kerr T. Stevens cc: Secretary Bill Holman Ashevihle Region- al Uffirce R\d Dave Goo rich Roosevelt Childress, EPA � i 1617 MAIL SERVICE CENTER, RALEIGH, NORTH CAROLINA 27699-1617 website: h2o.en r. state. nc. us PHONE 91 9-733-7015 FAX 919-733-2496 AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/10% POST -CONSUMER PAPER State of North Carolina Department of Environment and Natural Resources Asheville Regional Office James B. Hunt, Jr., Governor Bill Holman, Secretary Kerr T. Sevens, Director WATER QUALITY SECTION Division of Water Quality September 13, 2000 Mr. Nick Stefanou Bear Wallow Valley Mobile Home Park. 104 Low Gap Road Hendersonville, North Carolina 28739 Dear Mr. Stefanou: � • s NCDENR NORTH CAROLINA DEPARTMENT OF . ENVIRONMENT AND NATURAL RESOURCES Subject: Compliance Sampling Inspection Status: In Compliance NPDES Permit Number NCO076082 Bear Wallow Valley MHP Sewage Treatment Plant Henderson County Attached is the report resulting from my August 23, 2000 inspection of the sewage treatment plant which serves the Bear Wallow Valley Mobile Home Park. I found the plant to be well operated and maintained. Kevin White is doing a good job of taking care of the system for you. I am impressed with the installation of the standby power system. Laboratory analyses of effluent grab samples taken during the inspection confirm compliance.with permit effluent limits. Our files do not indicate.that you have designated an Operator in Responsible Charge (ORC) or a backup ORC. Please complete the attached Designation Form and return to the address indicated on the bottom of the form. Yours is a Class II wastewater treatment plantrequiring an ORC with a grade two or higher certification. 59 Woodfin Place, Asheville North Carolina 28801 Telephone 828-251-6208 FAX 828-251-6452 An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper Nick Stefanou September 13, 2000 Page Two For the record I will note that eight spaces are occupied with a total daily water consumption of 800 gallons. Should you need to discuss matters relating to wastewater treatment, please do not hesitate to call me at 828-251-6208. Sincerely, Roy M. Davis Environmental. Engineer Enclosure xc: DD&K Environmental, Inc Tony Arnold 59 Woodfin Place, Asheville North Carolina 28801 Telephone 828-251-6208 FAX 828-251-6452 An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper i United States En nental Protection Agency Form Approved Wash... —i, D.C. 20460 OMB No. 2040-0003 EPA NPEDES Compliance Inspection Report Approval Expires 7-31-85 Section A: National Data System Coding Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 IN 1 215 1 3 1 NC0074''0" 11 J 12 6'0/G �� 17 18 I C tJ 19 I I 20 u 121 Remarks I I I I I I I I I I I I I I I I I I I I I I I I I I I Z' Reserved Facility Evaluation Rating BI QA Reserved 66 67 I I I 169 70 L j I 71 I I 72 I I 73 I I' I 174 L_L—L_J t' l—L�3 75 80 Section B: Facility Date Name and Location of Facility Inspected Entry Time Permit Effective Date Exit Time/Date Permit Expiration Date t l'� �Dizc' 'gi, 15 Name(s) of On -Site Representative(s)/Title(s) fA ty 0 W IV EK'_ Phone No(s) P, 9 - Name, Address of Responsible Official Title 0 .�Y► W44j o E Phone No. .� �p (99(9 �--Ad Cj56P 3 Contacted Section C: Areas Evaluated During Inspection Permit Records/Reports Facility Site Review Flow Measurement/' Laboratory Effluent/Receiving Waters Pretreatment Compliance Schedules Self -Monitoring Program Operations & Maintenance Sludge Disposal Other: �� c' C Section D: Summary of Findings/Comments (Attach additional sheets if necessary) Name(s) and Signatures) of Inspector(s) R O l 1-v" `-�s .f�1/Ly Agency/Office/Telephone Date �Reviewer DWQ/ARO 828-251-6208 Signature Agency/Office Date DWQ/ARO 828-251-6208 Regulatory Office Use Only Action Taken Date Compliance Status El Noncompliance Compliance [F'wd: Bearwallow residents concerned about 1—fewater plant] Subject: [Fwd: Bearwallow residents concerned about wastewater plant] Date: Mon, 28 Aug 2000 10:14:21 -0400 From: Forrest Westall <Forrest.Westall@ncmail.net> Organization: NC DENR - Asheville Regional Office To: Roy Davis <Roy.Davis@ncmail.net> CC: Roger Edwards <Roger.Edwards@ncmail.net> FYI. Roger spoke to the reporter on Friday in your sted. FRW -------- Original Message -------- Subject: Bearwallow residents concerned about wastewater plant Date: Mon, 28 Aug 2000 09:18:15 -0400 From: Susan Massengale <susan.massengale@ncmail.net> To: Forrest Westall<Forrest.Westall@ncmail.net>,Dave Goodrich<Dave.Goodrich@ncmail.net>,Tommy Stevens <Tommy.Stevens@ncmail.net>,Ernie Seneca <Ernie.Seneca@ncmail.net> http://www.hendersonvillenews.com/news/stories/000827n2.html 'J Lt-°J Bearwallow residents concerned about wastewater plant By Harrison Metzger Times -News Staff Writer August 27, 2000 Email this story. EDNEYVILLE -William -_ ' Berry wonders why a �•�J eta wastewater treatment plant is being allowed to oprate with an expired permit just upstream of his family's vacation home on Clear ,s Creek. Berry, who is retired from Berry's property has been used by the Air Force and the Edneyville residents for Federal Aviation generations, but they fear a wastewater treatment plant 1,000 "WO *tdt+llo ,Ptrecsw, Administration, lives in feet upstream will pollute the Georgia part of the year. But water. for two or three weeks a Photo by Michael Justus. month his family, including search children and eight grandchildren, visit the Bearwallow Valley property they have owned since 1927. One of their favorite activities is swimming in a deep spot 6Yeather ThI ws-Nm mill #bRMkD+s lw'.RfwW in Clear Creek. , ;• "We had a house full over the Fourth of July and most of 1 of 3 8/28/2000 10:53 AM [Fwd: Bearwallow residents concerned about--tewater plant] "We had a house full over the Fourth of July and most of the holidays the grandkids are up there, hooting and hollering in the creek," he said. Eight years ago, Berry was among residents who fought unsuccessfully to keep a mobile home park from installing a package wastewater treatment plant. The plant was designed to discharge up to 10,000 gallons of treated wastewater per day into a tributary of Clear Creek about 1,000 feet upstream from the swimming hole. The case led Bearwallow Valley residents to petition and get zoning for their area prohibiting future mobile home parks. But the Bearwallow Valley Mobile Home Park was allowed as an existing use because developers had already started work on it. The state issued a wastewater permit in 1995 for the plant after holding a public hearing. But the park and wastewater plant sat dormant until earlier this year, when several homes were moved in and the plant started operating, Berry said. That's when he discovered the permit for the plant had expired on Dec. 31. State regulators had given the OK for the plant to operate anyway. "It is clear to me it's a violation of the North Carolina statutes and the U.S. code to operate without a permit," he said in a telephone interview Thursday. Berry has written to the N.C. Attorney General's Office as well as the secretary of the Department of Environment and Natural Resources. His goal is to force the state to hold a public hearing so citizens can express concerns about the permit. State officials confirmed the plant has been given permission to operate on an expired permit. "The permit expired, but when you are dealing with an expired permit you continue to operate under the expired permit until a new one is issued," said Ernie Seneca, spokesman for the N.C. Division of Water Quality. Seneca said he sent Berry a letter Thursday addressing his concerns. "Mr. Berry's letters have been forwarded to our permitting unit and will be treated as a request for a public hearing," he said. DWQ will hold a public hearing if they determine there is "significant public interest," Seneca said. He gave no timeline for when a decision might be made. The agency is now in the process of renewing permits throughout the French Broad River basin. But it faces a backlog due in part to staff shortages and a turnover rate of 30 percent in the permitting section. "It's one of the biggest challenges we face," he said. "People are overworked and we have a high volume of turnover." Asked if there was a deadline for how long a plant could operate with an expired permit, Seneca said, "We try to get these moved along as quickly as possible." 2 of 3 8/28/2000 10:53 AM [Fwd: Bearwallow residents concerned about wastewater plant] Nick Stephanou, one of the owners of the mobile home park, applied to renew the permit on April 10. That's within the 180-day window from expiration that the state requires. State officials wrote Stephanou a month later saying they had been held up because of a major project in the Neuse River basin and staff shortages. Attempts to contact Stephanou Friday weren't successful. Jim Preston, whose home overlooks the mobile home park, is among neighbors who want a public hearing. Preston says the stream the plant discharges into, known as Black Gum Creek, is only 3 or 4 feet across and too small to handle the wastewater. "I definitely want a public hearing, not that the state going to do anything about it," he said. Berry has several issues he hopes to raise in a public hearing. He has suggested the plant install a sediment pond to keep raw sewage from reaching the creek in the event of malfunction. He also wants the state to consider requiring the developers to spread effluent from the plant on land as fertilizer instead of discharging it into the creek. "I would love to see it (the plant) removed, but I have argued there were some better safeguards than what they were presenting," he said. Bearwallow Valley residents petitioned the state to attach a "recreational" classification to Clear Creek. That requires the plant to have a backup power supply to protect people swimming or wading in the creek. Seneca said staff from DWQ's Asheville office visited the site Wednesday and found that the developers had installed a new backup electric generator, solving a problem with the former used generator. People who want to comment on the permit may write to Dave Goodrich, NPDES Permitting Unit, 1617 Mail Service Center, Raleigh, 27699-1617. Home Info Desk Email Guestb©ok Copyright © 2000 Times -News 3 of 3 8/28/2000 10:53 AM l l[[j — Il� II ifs II Il f I Q o �II fi - II' ljt It — III l iI 77 a NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY ASHEVILLE REGIONAL OFFICE WATER QUALITY SECTION May 12, 2000 Mr. Nick Stefanou Bear Wallow Valley Mobile Home Park 104 Low Gap Road Hendersonville, North Carolina 28739 Subject: Sewage Treatment Plant Bear Wallow Valley Mobile Home Park NPDES Permit Number NCO076082 Henderson County Dear Mr. Stefanou: In the cover letter to my March.29, 2000 inspection report I observed that your new sewage treatment plant serving Bear Wallow Valley was complete except.for installation of an automatic switching device as a part of the standby generator. You indicated during the inspection that you might seek removal of the requirement for an automatic switching device in your permit renewal request. Your permit renewal request makes no mention of seeking relief from the requirement to install an automatic switching device. Accordingly you should proceed immediately to install an automatic switching device on the standby generator. On or before My 22, 2000 please inform me in writting when you expect to complete installation of the automatic switch. If you have need to discuss matters relating to wastewater treatment please do not hesitate to call me at 828-251-6208. Sincerely, Roy M. Davis Environmental Engineer Enclosure xc: DDK Environmental Bill Lapsley 76082L1.00 2 Of 1 0 INTERCHANGE BUILDING, 59 WOODFIN PLACE, ASHEVILLE, NORTH CAROLINA 28801-2-414 PHONE 828-251-6208 FAX 828-251-6452 AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/10% POST -CONSUMER PAPER v' y� NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY ASHEVILLE REGIONAL OFFICE WATER QUALITY SECTION May 11, 2000 Mr. Peter Henry Matney & Associates, PA Post Office Box 7345 Asheville, North Carolina 28802 Subject: Bear Wallow Valley Mobile Home Park Sewage Treatment Plant NPDES Permit Number NCO076082 Henderson County Dear Mr. Henry: In our telephone conversation on this date you asked for a discussion of my recent involvement with the sewage treatment plant serving the Bear Wallow Valley Mobile Home Park. In a March 29, 2000 inspection I confirmed that the sewage treatment plant was almost complete; the only item lacking was an automatic switching device as a part of the standby generator. In a May 2, 2000 telephone message from Mr. Mike Dodson with DDK Environmental, Inc. I was informed that the sewage treatment plant was operational, was receiving operational attention and that no sewage was yet reaching the plant. I trust that the above is useful to you. You may reach me at 1-828-251-6208 should you need to discuss this matter further. R QM. Davis Environmental Engineer xc: Nick Stefanou V 76082LET.00 INTERCHANGE BUILDING, 59 WOODFIN PLACE, ASHEVILLE, NORTH CAROLINA 28801-2414 PHONE 828-251-6208 FAX 828-251-6452 AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/10% POST -CONSUMER PAPER State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Bill Holman, Secretary Kerr T. Stevens, Director Mr. Nicholas Stefanou 104 Low Gap Road Hendersonville, North Carolina 28792 Dear Mr. Stefanou: MAY 1 G 2000 I Vff'!ER Wi`,_IT, May 10, 2000 NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES Subject: NPDES Permit Renewal Application Permit NCO076082 Bear Wallow Valley MHP Henderson County NPDES Unit personnel received your permit renewal application on April 10, 2000. Thank you for submitting this package. I'm sorry that I didn't respond to your request sooner. I (along with the other 9 members of our Unit) spent the last eight weeks working on a large project in the Neuse River basin, a project that culminated in two public hearings last week. This "maximum effort" was accomplished at the expense of all our other tasks - including the checking in of permit renewals. Please be aware that several residents near this facility have written the Division to express their opposition to renewal of this permit. If you would like copies of this correspondence, please contact me at the address or telephone number listed below. The permit renewal for this facility will be assigned to a member of the NPDES Unit staff.' That staff member will contact you if further information is needed to complete the permit renewal. The NPDES Unit has been working with at least 3 (and as many as 5) vacant positions since October 1998. This staff shortage is delaying all of our permit renewals. Our remaining permit writers are currently reviewing Authorizations to Construct, speculative limit requests, major permit modifications and 201 plan updates ahead of permit renewals. This is necessary due to a variety of factors, including mandatory deadlines in the statutes that govern our program. If this staff shortage delays reissuance of NC0076082, the existing requirements in your permit will remain in effect until the permit is renewed (or the Division takes other action). We appreciate your patience and understanding while we operate with a severely depleted staff. If you have any additional questions concerning renewal of the subject permit, please contact me at (919) 733-5083, extension 511. cc: Asheville_ Regional -Office, Water Quality Section NPDES File William G. Lapsley 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 VISIT US ON THE INTERNET @ http://h2o.enr.state.nc.us/NPDES Sincerely, Charles H. Weaver, Jr. NPDES Unit 919 733-5083, extension 511 (fax) 919 733-0719 Charles.Weaver@ ncmail. net APPLICATION _ IR PERMIT TO DISCHARGE ..a TORT, FORM A For municipal discharges <1 MGD (or similar privately owned discharges <1MGD) N. C. Department of Environment and Natural Resources Division of Water (quality / NPDES Unit 1617 Mail Service Center, :Raleigh, NC 27699-1617 NPDES Permit NC00 Please print or type Name of applicant/permittee t'�10-u0Lrs �V Address, location, and telephone number offacilit\yer,(o^ducing discharge: A. Facility Name �e W6�bW 01.�iI, 1')l()h _lsy k WW ! 1' B. Mailing address of applicant / City K.V-VUJ9Y50i1VV"P County. State IV �QC f ZIP Telephone # Fax#_ e-Mail address: ?-IBT7Q Z C. Physical Location of facility to be permitted: Street LAM M address � U�� ad . ` ' City. F�-f1P ��- County V-SO R State N r - Zip Code - -Telephone .#., Type of wastewater treatment: ❑ None ❑ Primary Design flow of facility Percent BOD removal (actual): ❑ 0-29.9 ❑ 30-64.9 ❑ Intermediate Secondary ❑ Advanced MGD. Average monthly flow. MGD ❑ 65-84.9 ❑ 85-94.9 95 or more Population served: N,1-199 ❑ 200-499 ❑ 500-999 ❑ 1, 000-4, 999 ❑ 5, 000-9, 999 ❑ 10,000 or more Number of separate discharge points: - \� 9.1 ❑ 2 ❑ 3 ❑ 4 or more (give number) Description of wastewater volume discharged to receiving stream. Discharge per o 6r,alting.day Flow, MGD (million gallons per operating, day) ; Volume treated before dischar 'n ` ') crcerit) Average oo ► o, _ `�Q..; a- Maximum O O O ' 0 © 0' 1 of 2 12/09/99 APPLICATIO1 DR PERMIT TO DISCHARGE MORT FORM A For municipal discharges <1 MGD (or similar privately owned discharges <1MGD) If anv wastewater, treated or untreated, is discharged to places other than surface waters, check below as applicable. Wastewater is discharged to Flow, MGD (million gallons per operating da ) 0-0.0099 0.01-0.049 0.05-0.099 0.1-0.49 0.5-0.99 Deep well Evaporation lagoon Subsurface percolation system Other, specify: Is any sludge ultimately returned to a waterway? Yes At No Do you receive industrial waste? Yes No If yes, enter approximate number of industrial dischargers into system Type of collection sewer system: A. & Separate sanitary B. Combined sanitary and storm C. Both separate jand combined sewer systems Name of receiving stream(s) V �-�'Y1 e� ► M to c ' " �' � Does your discharge contain (or is it possible for your discharge to contain) any of the following substances (circle all that apply): Ammonia cyanide aluminum beryllium cadmium chromium Lead mercury nickel copper selenium zinc phenols I certify that I am familiar with the information contained in the application and that to the best of my knowledge and belief such information is true, complete, and accurate. Printed name of Person Signing Title Signature V- 6^-60 Date Application Signed North Carolina General Statute 143-215.6 (b)(2) states: Any person who knowingly makes any false statement representation, or certification in any application. record, report, plan, or other document files or required to be maintained under Article 21 or regulations of the Environmental Management Commission implementing that Article, or who falsifies, tampers with, or knowly renders inaccurate any recording or monitoring device or method required to be operated or maintained under article 21 or regulations of the Environmental Management Commission implementing that Article. shall be guilty of a misdemeanor. punishable by a fine not to exceed $10,000, or by imprisonment not to exceed six months, or by both. (18 U.S.C. Section 1001 provides a punishment by a fine of not more than $ 10,000 or imprisonment not more than 5 years. or both, for a similar offense.) 2 of 2 12/09/99 April 6, 2000 Mr. Charles H. Weaver, Jr. NPDES Unit NC Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Re: Permit #NC0076082 Renewal Application Bearwallow Valley MobitHome Park Henderson County Dear Mr. Weaver: The above referenced WWTP has not been placed into operation as of this date. The waste activated sludge from this facility will be hauled and discharged into the City of Hendersonville's WWTP If you have any questions or concerns about this operation please feel free to call me. (828-685-3881) Sincerely, zj / xr--� Nicholas Stefanou R l -8,0o a V,,:Z) -?S-- NCO076082 - Bear Wallow Valley MHi' Subject: NCO076082 - Bear Wallow Valley MHP Date: Sat, 22 Apr 2000 18:55:02 -0400 From: Charles Weaver <charles.weaver@ncmail.net> To: Roy Davis <Roy.Davis@ncmail.net> CC: Forrest Westall <Forrest.Westall@ncmail.net>, Dave Goodrich <Dave.Goodrich@ncmail.net> On Friday, my voice mail box was invaded by aggrieved neighbors of the subject facility. They all had variations on the same theme: 1. trailers "of poor quality" are going into the site 2. the permit has expired 3. they want a public hearing 4. why has no hearing been held 5. make him stop, etc. I don't know anything about this site, other than the application for renewal arrived very late. I can't currently (Saturday evening) access SIPS to see what kind of compliance record this place has, if any. Roy, can you talk to the residents listed below? I'm going to be out of the office three days next week on site visits for the Neuse hearings. I don't have any useful information for these people at this point. Until the Neuse hearings are over (after May 4th) I'll have no time to work on this. The first person who called me about this is named Bill Berry - he requested a hearing (verbally, not in writing) before the renewal application ever got here. His number isu770 253-0517.. I expect he's stirring up the rest of the residents, as they all called me directly and spoke from essentially the same script. Berry called several weeks ago to complain about the site. At that time, I told him that the Director would consider his request (or anyone else's) for a Hearing. I also explained that the Hearing (if scheduled) would take place after the draft permit was Noticed, something he'd clearly forgotten judging from the indignant tone of his voice -mail message. I would GREATLY appreciate any help you can give with this problem. I just can't get to it right now. The other people who called me are: Sharon White -- 828 685-8788 Jim Preston -- 828 685-7077 Dale Caldwell -- 1-800-223-9558 If there's anyone you can't call back, let me know and I'll call them. Thanks, CHW 1 of 1 4/24/2000 8:02 AM William G. Lapsley & Associates, P.A. Consulting Engineers and Land Planners 1635 Asheville Highway Post Office Box 546 Hendersonville, North Carolina 28793 828-697-7334 • FAX 828-697-7333 April 6, 2000 William G. Lapsley, P.E. William R. Buie, P.E. G. Thomas Jones III, P.E. Mr. Charles H. Weaver, Jr. NPDES Unit NC Division of Water Quality 1617 Mail Service Center Raleigh, NQ 27699-1617: Re: Permit #NC0076082 Renewal Application'.. Bearwallow Valley MobileHome Park Henderson County Dear Mr. Weaver: . Enclosed for your review and processing please find an. application for permit: renewal for the above referenced project. If you have any questions or need additional information please. contact our office. Sinc y WGL/ds cc: Nick Stefanou %I Primed on Recycled Paper PVAPPLICATION _ _R PERMIT TO DISCHARGE - —JORT FORM A For municipal discharges <1 MGD (or similar privately owned discharges <1MGD) N. C. Department of Environment and Natural Resources Division of Water Quality / NPDES Unit 1617 Mail Service Center, Raleigh, NC 27699-1617 NPDES Permit NC00 j (,o 0S 2- 1 Please print or type Name of applicant/permittee ,vftO LflS -'STEF-R i� 0U Address, location, and telep-hone number of facility A. Facility Name �rwq�UJw \ B. Mailing address of applicant / Address N- b w i ►�Ia"�'dJ1���J��LI�i°l'1 ig discharge: Mobile- Romp-_7ak WTP State N - 0, ZIP ��QZ Telephone # 8 [nnS - 685-388 J Fax# R e-Mail address: C. Physical Location of facility to be permitted: � Street address &P�f(1�1r'�0 City�- State__ !J r Telephone # Type of wastewater treatment: None Primary Intermediate Design flow of facility Percent BOD removal (actual): 0-29.9 30-64.9 County KV-1 U-j)" SO rZ Zip Code Mq q2 Fax# 4 Secondary 0 Advanced MGD. Average monthly flow MGD 65-84.9 85-94.9 95 or more Population served: 0 1-199 200-499 0 500-999 ❑ 1, 000-4, 999 0 5, 000-9, 999 10,000 or more Number of separate discharge points: 1 2 3 4 or more (give number) Description of wastewater volume discharged to receiving stream. Discharge per operating day Flow, MGD (million gallons per operating day) Volume treated before discharging (percent) Average 00 010 1M d Maximum O 1 0 10 o© to 1 of 2 12/09/99 APPLICATIOl OR PERMIT TO DISCHARGE iHORT FORM A For municipal discharges <1 MGD (or similar privately owned discharges <1MGD) If any wastewater, treated or untreated, is discharged to places other than surface waters. check below as applicable. Wastewater is discharged to Flow, MGD (million gallons per operating dav) 0-0.0099 0.01-0.049 0.05-0.099 0.1-0.49 0.5-0.99 Deep well Evaporation lagoon Subsurface percolation system Other, specify: Is any sludge ultimately returned to a waterway? Yes fit No Do you receive industrial waste? Yes igNo If yes, enter approximate number of industrial dischargers into system Type of collection sewer system: A. Separate sanitary B. Combined sanitary and storm C. ❑ Both separate jajnd combinedsewersystems Name of receiving streams) V i�,,d`' 4 '�'cw(, '" Nvc-w `w' -k-1 O Does your discharge contain (or is it possible for your discharge to contain) any of the following substances (circle all that apply): Ammonia cyanide aluminum beryllium cadmium chromium Lead mercury nickel copper selenium zinc phenols I certify that I am familiar with the information contained in the application and that to the best of my knowledge and belief such information is true, complete, and accurate. 10-wl-F6 'S'2'1-MtwjU Printed name of Person Signing Title K-6-C)0 Date Application Signed North Carolina General Statute 143-215.6 (b)(2) states: Any person who knowingly makes any false statement representation, or certification in any application. record, report, plan, or other document files or required to be maintained under Article 21 or regulations of the Environmental Management Commission implementing that Article, or who falsifies, tampers with, or knowly renders inaccurate any recording or monitoring device or method required to be operated or maintained under Article 21 or regulations of the Environmental Management Commission implementing that Article. shall be guilty of a misdemeanor punishable by a fine not to exceed $ 10,000, or by imprisonment not to exceed sir months. or by both. (18 U.S.C. Section 1001 provides a punishment by a fine of not more than $ 10.000 or imprisonment not more than 5 years. or both, for a similar o ffe nse. ) 2 of 2 12/09/99 April 6, 2000 Mr. Charles H. Weaver, Jr. NPDES Unit NC Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Re: Permit #NC0076082 Renewal Application Bearwallow Valley MobitHome Park Henderson .County Dear. Mr. Weaver: The above referenced WWTP has not been placed into operation as of this date. The waste activated sludge from this facility will be hauled and discharged into the City of Hendersonville's WWTP If you have any questions or concerns about this operation please feel free to call me. (828-685-3881) i Sincerely, Nicholas Stefa ou -" k% NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY ASHEVILLE REGIONAL OFFICE WATER QUALITY SECTION March 30, 2000 Mr. Nick Stefanou Bear Wallow Valley Mobile Home Park 104 Low Gap Road Hendersonville, North Carolina 28739 Subject: Compliance Evaluation Inspection Status: In Compliance NPDES Permit Number NCO076082 �}\ Bear Wallow Valley MHP Sewage Treatment Plant `Henderson County Dear Mr. Stefanou : (/ The following comments result from my March 29, 2000 inspection of the sewage treatment plant just constructed at your Bear Wallow Valley Mobile Home Park. With the exception of an automatic switching device on your standby generator, the plant appears ready to receive sewage. The plant seems to be well built. Kevin White should be able to do a fine job of treating the sewage generated by your mobile home park. I need to mention that you will need to submit an engineers certification before you place the plant in operation. Our files do not indicate that you have designated an Operator in Responsible Charge of this sewage treatment plant. Please complete .the attached Designation Form and return same to the indicated address. It was observed that NPDES Permit Number NCO076082 expired on December 31, 1999. Attached is a copy of our Short Form D which you should complete and return to the indicated address. If you wish to seek removal of the requirement that your stand-by generator be equipped with an automatic switching device you should make your best argument in the cover letter when you return the Short Form D. You indicated that you would research whether or not your sewage pumping station wet well had sufficient capacity that your water system, during a power outage, could drain completely INTERCHANGE BUILDING, 59 WOODFIN PLACE, ASHEVILLE, NORTH CAROLINA 28801-2414 PHONE 828-251-6208 FAX 828-251-6452 AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/10% POST -CONSUMER PAPER Nick Stefanou March 30, 2000 Page Two and the wet well not overflow. There are other alternatives to responding to a power outage you could explore. By copy of this letter, I am sending Kevin White a copy of the page from your discharge permit which shows effluent limits and monitoring frequency. I enjoyed meeting you yesterday. Should you have need to discuss matters relating to wastewater treatment please do not hesitate to call me at 828-251-6208. Sincerely, Roy M. avis - Environmental Engineer Enclosure xc: Kevin White, DDK Environmental 76082CEI.00 TO: FROM: Subject: Background: Division of Environmental M October 14,1994 Preston Howard Greg Thorpe - Summary and Recommendation; Public Meeting Held on July 14, 1994 '`n i' OCT 1994 Re: Renewal of NPDES Permit No. NC0076082 Bear Wallow Valley Mobile Home Park Proposed Wastewater Treatment Facility Henderson County I served as meeting officer for a public meeting held to receive public comments pertinent to the reissuance of the subject NPDES permit. This permit was originally issued to Nick Stefanou, owner, Bear Wallow Valley Mobile Home Park in 1989 for 12,000 gallons per day effluent flow. During the public notice period in 1989, no comments were received. The Bear Wallow Valley Mobile Home Park permit became effective May 18, 1989. An Authorization to Construct permit for Bear Wallow Valley MHP WWTP was issued by the Division for a flow of 10,000 gallons per day December 20, 1993. During the Authorization to Construct review several comments were received objecting to.the permit. In December 1993 the owner submitted an application for renewal of the NPDES permit for Bear Wallow. Based on regional office comments and agreement with the owner, the permitted flow for the renewal was reduced from 12,000 gpd to 10,000 gpd to correspond with the Authorization to Construct. The current permit allows discharge of treated domestic wastewater into an unnamed tributary to Clear Creek which is classified as class C-Trout waters French Broad r Basin) and which has a 7Q10 flow of 0.13 cfs. The I IC of the proposed discharge is approximately 12%. A reclassification of Clear Creek from C-Trout to B-Trout HQW was requested by a nearby property owner in 1993. In June 1993, a macroinvertebrate study was conducted along Clear Creek which indicated that a reclassification to HQW was not supported by the water quality data. The B-Trout classification is still under consideration, but would not affect the current discharge permit limits. During the survey conducted in 1993 for the proposed HQW reclassification survey, instream stress was indicated by the macroinvertebrate data collected throughout most of the area surveyed within the Clear Creek catchment: The major cause of the stress was attributed to apparent instream toxicity, purportedly due to pesticide runoff from the apple orchards that cover most of the catchment area. Subsequent sampling by Regional Office staff of sediment and water in the Clear Creek catchment have confirmed that pesticide residues are present, but no specific standards are being violated. Regional Office staff have requested that these data be evaluated by Division of Environmental Health personnel relative to the ongoing consideration of the proposed 'B' classification for Clear Creek. Water Quality Section staff presently are following through on that request. Water chemistry data collected on more conventional parameters such as dissolved oxygen, nutrients, ammonia and others indicate that no other water quality standards are being violated and, in my opinion, the ongoing question regarding the source(s) of nonpoint source pollution impacts in the catchment areas are not relevant to the reissuance of the subject permit. Summary: The subject facility is permitted to include an influent lift station, dual 5000 gallon aeration tanks, dual 5650 gallon clarifiers, a 1000 gallon chlorine tank with tablet chlorination and dechlorination, a 2062 gallon sludge holding tank, and an effluent weir. The wasteload allocation developed for the discharge contains the following effluent limitations: . Flow . 0.01 MGD BOD 30.0 mg/1 TSS 30.0 mg/1 NH3 as N 8.0 mg/1 Fecal Coli. 200/100 ml Chlorine 28 ug/1 pH 6-9 su The public meeting was held at Apple Valley Middle School, NC 5R1574, near Hendersonville, at 7:00 PM on July 14, 1994. Forty-four people attended the public meeting, not including staff. Staff in attendance included Forrest Westall, Coleen Sullins, Dave Goodrich and Susan Wilson. Fifteen people spoke; all speakers were opposed to the project. Issues raised during the public meeting included: - concerns regarding adequate public notice. Summer residents were concerned that they did not receive individual notices at their permanent, out-of-state residences. All proper and judicious notice procedures were followed and this was- explained at the meeting. - concerns regarding swimming in Clear Creek. A limitation of 200/100 ml for fecal .coliform bacteria has been included in the permit to protect human health for whole body contact (swimming uses) in the receiving waters. I recommend that a back-up power supply be required for this facility to provide added assurance that swimming uses will be protected, especially in light of the ongoing consideration of the proposed 'B' classification and testimony given at the meeting that swimming is an existing use in downstream waters. - concerns regarding the fact that streams in the Clear Creek catchment are already "stressed". As described previously, the. "stress" the streams in this area are experiencing presently. is due to nonpoint sources and is unrelated to potential impacts from the proposed discharge. In fact, the development of the mobile home park has reduced, acreage in the catchment area that is dedicated to apple orchards and should reduce the potential risk of pesticide contamination of these waters. Investigation of the nonpoint source impacts is ongoing. - concerns regarding potential contaminants from the proposed discharge, such as nutrients and BOD., As described previously, the proposed discharge has been limited to protect aquatic life and human health and all reasonable use of the receiving and downstream waters as "fishable/swimmable" waters, with the exception (as noted above) that reliability requirements should be added to the permit. - concerns regarding low flow of the receiving stream. The IWC of the proposed discharge is approximately 12% at the 7Q10 flow. Permit limitations are designed to protect water quality standards and uses at this critical low flow. - concerns regarding the development of a mobile home park in the catchment area and its perceived negative impacts on the neighborhood. This was the primary, and most frequently raised, concern of those speaking at the public meeting. This is a land use/zoning issue and is not related to the issuance of the NPDES permit. Those in attendance indicated that they understood that this was a local.zoning issue following discussion of this concern with staff at the meeting. Recommendation: Based upon a review of the staff report, wasteload allocation, field inspection, discussions with Central and Regional Office, and consideration of the comments presented at the public meeting, it is the meeting officer's recommendation that NPDES Permit No. NC0076082 be issued in accordance with the condition that the treatment plant reliability should be that required for Class :'B-trout" waters. cc: Steve Tedder Coleen Sullins Forrest We_8ta11=: PUBLIC NOTICE STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION POST OFFICE BOX 29535 RALEIGH, NORTH CAROLINA 27626-0535 NOTIFICATION OF INTENT TO ISSUE A STATE NPDES PERMIT On the basis of thorough staff review and application of Article 21 of Chapter 143, General Statutes of North Carolina, Public Law 92-500 and other lawful standards and regulations, the North Carolina Environmental Management Commission proposes to issue a permit to discharge to the persons listed below effective 4/29/94 and subject to special conditions. Persons wishing to comment upon or object to the proposed determinations are invited to submit same in writing to the above address no later than 4/14/94 . All comments received prior to that date will be considered in the formulation of final determinations regarding the proposed permit. A public meeting may be held where the Director of the Division of Environmental Management finds a significant degree of public interest in a proposed permit. A copy of the draft permit is available by writing or calling the Division of Environmental Management, P.O. Box 29535, Raleigh, North Carolina 27626-0535, (919) 733-7015. The application and other information may be inspected at these locations during normal office hours. Copies of the information on file are available upon request and payment of the costs of reproduction. All such comments or requests regarding a proposed permit should make reference to the NPDES permit number listed below. Date_ / A. Preston How Jr., P.E., Director Division of Environmental Management Public notice of intent to issue a State NPDES permit to the following: 1. NPDES No. NC0076082. Nick Stefanou, 104 Low Gap Road, Hendersonville, NC 28739 has applied for a permit renewal for a facility located at Bear Wallow Valley Mobile Home Park, Bearwallow Road, northwest of Edneyville, Henderson County. The facility will discharge 0.01 MGD of treated domestic wastewater from one outfall into an unnamed tributary to Clear Creek, a Class C-Trout stream in the French Broad River Basin, which has a 7Q10 flow of 0.13 cfs. Ammonia is water quality limited. For some parameters the available load capacity of the receiving stream will be consumed. This discharge may affect future water quality based effluent limitations for additional discharges within this portion of the watershed. 2. NPDES No. NC0074136. Lakewood RV Resort, Rt. 1, Box 495B Flat Rock, NC 28731 has applied for a permit modification for a facility located at, Ballenger Road Flat Rock Henderson County. The facility discharges 0.015 MGD of treated domestic wastewater from one outfall into Dunn Creek, a Class C stream in the French Broad River Basin which has a 7Q10 flow of 0.6 cfs. The facility may expand to 0.03 MGD in the future. MAR I 11994 P Perr. 4o. NC0076082 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATURAL RESOURCES DIVISION OF ENVIRONMENTAL MANAGEMENT PERMIT TO DISCHARGE WASTEWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provision of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution ConTrol Act, as amended, Nick Stefanou is hereby authorized to discharge wastewater from a facility located at Bear Wallow Valley Mobile Home Park Bearwallow Road Northwest of Edneyville Henderson County to receiving waters designated as unnamed tributary to Clear Creek in the French Broad River Basin in accordance with effluent limitations, monitoring requirements, and other conditions set forth in Parts I, II, and III hereof. This permit shall become effective This permit and the authorization to discharge shall expire at midnight on September 30, 1995 Signed this day A. Preston HoW fd, Jr., P.E., Director Division of Environmental Management By Authority of the Environmental Management Commission Permit No. NCO076082 SUPPLEMENT TO PERMIT COVER SHEET Nick Stefanou is hereby authorized to: 1. Construct a treatment facility permitted to include influent lift station, dual 5000 gallon aeration tanks, dual 5650 gallon clarifiers, a 1000 gallon chlorine contact tank with tablet chlorination and dechlorination, a 2062 gallon sludge holding tank, and an effluent weir, located at Bear Wallow Valley Mobile Home Park, Bearwallow Road, Northwest of Edneyville, Henderson County (See Part III of this Permit), and 2. Discharge from said treatment works at the location specified on the attached map into unnamed tributary to Clear Creek which is classified Class C-Trout waters in the French Broad River Basin. DIVISION OF WATER QUALITY February 20, 2001 z MEMORANDUM ,SIJJN 12 2001 TO: Kerr T. Stevens, Director t OiIAlITr S� Division of Water Quality AS Q Y HcV1LLC [��GE;ei+1A► nr�!rr. THROUGH: Coleen Sullins, Section Chief Boyd DeVane, Assistant Section Chief FROM: Steve Zoufaly, Environmental Superviso V Division of Water Quality SUBJECT: Report and Recommendations: Bearwallow Valley Mobile Home Park NPDES Permit Number NCO076082 UT to Clear Creek (B-Tr), French Broad River Basin Henderson County As you requested, I served as Hearing Officer for a public hearing in Edneyville on Thursday evening, January 18, 2001. The hearing was held at the request of adjoining property owners who voiced concern over the reissuance of the Bearwallow Valley mobile home park NPDES wastewater discharge permit (NC0076082). Based on the history of the permit, review of the monitoring data, site visit, the public hearing proceedings, and discussions with the owner (Mr. Nicholas Stefanou), the wastewater treatment plant operator, Asheville Regional and Central Office staff; I offer the following recommendation: 1) reissue NPDES Permit No. NCO076082 for Bearwallow Valley mobile home park; 2) require residual chlorine monitoring 3 days per week during the summer recreational season (May 1't through September 301n); 3) require noise reduction [i.e., blower motor muffler(s) and/or sufficient enclosure]; and, 4) establish DWQ enforcement procedure for delinquent permit renewals. Additional details on the above recommendation are on page 6. HISTORY/BACKGROUND Bearwallow Valley mobile home park is located in Edneyville (Henderson County). The area is rural and characterized by numerous apple orchards. An NPDES wastewater discharge permit was first issued in 1989. The facility was permitted initially for 12,000 gallons per day (gpd) to an unnamed tributary to Clear Creek (French Broad River Basin). The tributary carries a C-Trout classification since it is an unnamed tributary to a stream (Clear Creek) classified as C-Trout [15A NCAC 2B .0304(i)(1) — Unnamed Stream]. Forty-five mobile homes were expected to use the wastewater treatment facility. The permit was renewed in 1994 with revised limits following a July 1994 public hearing on the permit. The new limits were based on the treated wastewater being discharged to Class B waters (primary recreational use). This was the result of public hearing comments indicating recreational use of the waters. Clear Creek was subsequently reclassified as B-Trout effective August 1, 1998. The permit was also revised, reducing the allowable discharge to 10,000 gpd. A copy of the existing permit and a site map are on pages 8 and 9 of the attached Appendix. The owner, Mr. Nicholas Stefanou, was provided the Division's standard 240-day notice to renew the NPDES permit. However, the renewal application and payment were not received by DWQ and the permit expired on December 31, 1999. Subsequent notices to renew the NPDES permit were sent to the owner. Meanwhile, the permitee was allowed to retain the permit under the Division's administrative authority and the facility began operation May 2000. Renewal and payment receipt have since been received. As of January 18, 2001, when DWQ staff visited the site, there were 13 mobile homes at the park discharging to the wastewater treatment facility. The average discharge is currently 800 —1000 gpd. Monitoring data to date indicate that the facility is consistently complying with its effluent limits. PUBLIC HEARING PROCESS & SITE VISIT The January 18`h public hearing was held at the request of individuals who have residences near the Bearwallow Valley mobile home park. Their requests are on pages 10 and 11 in the Appendix. An announcement (page 12) of the hearing was published in the local paper as well as sent to local and state officials, and those expressing an interest in the issue. Twenty-four people attended the public hearing including seven DWQ staff and the hearing officer. The registration list of the public hearing participants starts on page 15. The participants represented adjacent homeowners, the mobile home park's owners, and a couple of developers and members of two environmental organizations. One of the public hearing petitioners, Mr. William Berry, Jr., was unable to attend, but he submitted written comments (page 37 in the Appendix). Three people: Mr. Marvin Ward (homeowner), Ms. Hope Taylor (Executive Director of the Clean Water Fund of North Carolina), Ms. Mary Jo Padgett (Environmental Conservation Organization), registered to speak and a fourth from the audience, Mr. Jeff Cannon (homeowner), later chose to provide verbal comments. The verbal and written comments during and prior to the public hearing are summarized below. More detailed responses to the following concerns may be found in Ms. Natalie Sierra's public hearing presentation starting on page 18 of the Appendix. • Area around wastewater treatment plant has flooded; Response: wastewater treatment plant is in a low-lying area, however, it was constructed on an elevated mound (picture follows). 2 • Septic hauler was previously at site — why?; Response: the septic tank pumping truck recently observed at Bearwallow was delivering activated sludge from another treatment plant in order to place the second half of the Bearwallow WWTP in operation. • Concerned with affect on recreational use of waters downstream of discharge; permit limits are not protective of stream; Response: Clear Creek and the unnamed tributary, which receives the treated effluent, carry a `B" classification. This classification is applied to waters used for primary recreational purposes. The NPDES permit limits for Bearwallow Valley MHP reflects the `B" classification which requires backup/emergency power for the facility in case of power failure to prevent untreated wastewater from entering the stream. A new backup generator was installed on the premises in August 2000. • Monitoring is not sufficient; Response: Currently the NPDES permit requires a weekly grab sample for fecal coliform, which is used as an indicator of contamination. Total residual chlorine is sampled twice per week. I am recommending that total residual chlorine sampling be increased to three times per week during the typical swimming season. One sample is to be indicative of weekend conditions. Total residual chlorine is a good indicator fecal coliform control. It is also cheaper than fecal coliform analyses, can be performed onsite which means a faster assessment of effluent conditions and avoids the problem of sending the fecal coliform samples to a lab on a weekend when labs are typically closed. Standard Methods and Certification requires fecal coliform analyses be performed within 6 hours of collecting the sample. • Unnamed tributary is small (presumably too small for a wastewater discharge); Response: The unnamed tributary to Clear Creek is small but instream flow exceeds the State's minimum criteria of 7Q10 = 0. The effluent limits for the wastewater treatment plant are applied based on the most conservative flow characteristics of the receiving stream to help safeguard it. • Private sampling has been conducted on stream (Clear Creek downstream of discharge to UT) for last five years, but has not shown water quality violations although sampling does not include fecal coliform or biological analyses; Response: We very much appreciate the interest and dedication of local citizens in the quality of our surface waters. This involvement helps to identify problems and find solutions to these problems. We are glad to hear that the sampling, although not comprehensive, does not indicate water quality problems. • Should require alternatives to discharge such as septic tanks, land applications and inclusion of a polishing pond; Concerned in general with failure of package treatment plants; Response: DWQ prefers regional wastewater treatment systems but if connections to such a system are not available, then well run "package" treatment systems are accepted. Monitoring data for this system to date indicates it is being well run. The permit states that when alternatives become available "the removal of this discharge may be necessary." At this time there are no acceptable alternatives. • Concerned with enforcement and lack of staff to enforce water quality standards; Response: No doubt, DWQ is short staffed and could use more personnel. • Permit should not be reissued; Response: We do not have basis for denying renewal of the NPDES permit. • Classification of stream should be Class B and not Class C; Response: Clear Creek was reclassified as Class B as of August 1, 1998; • Operational noise from wastewater treatment plant is too loud; and, Response: Sound abatement is a part of the recommended permit renewal. I understand the owner has already taken steps to reduce noise due to the operation of the wastewater treatment plant and will consider other measures if necessary. • DWQ allowed wastewater discharge for a facility whose permit expired more than a year previously. Response: State guidelines allow an NPDES permit extension until a new permit is issued. However, we are currently establishing a procedure to better track enforce delinquent permits. Copies of the written comments start on page 21 of the Appendix. The public hearing record remained open until February 2, 2001. No written comments were received following the public hearing. Pictures of Bearwallow Valley mobile home park site visit (1/18/01) I visited the Bearwallow Valley MHP the day of the public hearing, January 18th, along with representatives from DWQ's Asheville Regional Office and the Central Office's NPDES Unit. The MHP's owner, Mr. Nicholas Stefanou; the wastewater treatment plant operator, Mr. Kevin White of DKK; and Mr. Charles Laughter who is affiliated with the MHP, were also present for the site visit. The following are pictures of the site visit. Bear wallow Valley mobile home park as viewed from wastewater treatment facility. Thirteen of the forty-five mobile homes approved for the park were already on site. 4 �77 RECOMMENDATION As hearing officer for the January 18, 2001 public hearing proceedings for the reissuance of NPDES permit number NCO076082 for the Bearwallow Valley Mobile Home Park's wastewater discharge I recommend reissuing the permit with the following conditions: 1) Require residual chlorine monitoring 3 days per week during the summer recreational season (May Vt through September 30th). One sample is to be taken either Friday afternoon or Saturday morning. "Weekend" sample shall be taken above the point of dechlorination. Basis for recommendation: • the receiving waters, UT to Clear Creek and Clear Creek, carry a B Trout classification, • the wastewater treatment plant's effluent limits reflect these classifications, • the wastewater discharge's monitoring data along with local citizen's monitoring data do not indicate high fecal coliform levels, • the waters are reported to be used for recreational purposes, • additional concerns were heard regarding the safety of using the waters for primary recreational use immediately downstream of the wastewater discharge, • monitoring for fecal coliform is made once per week on a weekday however, primary recreational use is likely on weekends as well, • the current total residual chlorine sampling is twice per week on weekdays and not as good an indicator of weekend conditions, • residual chlorine sampling can be as effective an indicator, yet is cheaper than fecal coliform monitoring, thus increase and distribute residual chlorine monitoring to help assure the owner, operator and recreational users that the waters are being protected for recreational use and if an excursion occurs more timely response may be made to address the problem. 2) Require noise reduction [i.e., blower motor muffler(s) and/or sufficient enclosure]. Residents complained of noise from the wastewater treatment plant when it is operating. DWQ staff visited the wastewater treatment plant on'a couple of occasions, January 18th and then later that month, specifically to gather additional information on noise levels. The wastewater treatment plant sits in a small open valley that is converting from apple orchard use. Sound does carry easily through the small valley. While visiting the site on January 181h staff discussed with the owner and operator ways to reduce noise. The noise seems to the result of the blower motors operating. The owner expressed interest in reducing noise and upon last communication had ordered a muffler for one of the motors to test its effectiveness. He indicated a willingness to purchase another muffler if the one was not effective and if necessary, he would install a sound deadening enclosure for the blower motors. 3) Establish DWQ enforcement procedure for delinquent permit renewals. In consulting with regional and central office staff I understand that a policy to address delinquent permit renewal requests is being proposed. I wholly concur and support establishment of penalties for permitees that are delinquent in renewing their permits. I suggest that notification of permitees of such a process begin as soon as possible in the 'renewal notifications. I don't recommend fining Mr. Stefanou for his failure to renew his NPDES permit for Bearwallow Valley MBP at this time, however, such future delinquency should be subject to enforcement. APPENDIX Page NPDES Permit Limits............................................................. 9 SiteMap............................................................................. 10 Requests for Public Hearing ...................................................... 11 Public Hearing Announcement................................................... 13 List of Public Hearing Participants .............................................. 15 Public Hearing Presentations...................................................... 17 Written Comments.................................................................. 21 Piermit NC0Q76082 A. (1.) EFFLUENT L,IItIIFi ACTIONS AND MONIT ORINO REQUIREMENTS 4 DRAFT During the period beghuAng an the effective date of this permit and lasting until expiration, the Perr nittee is authorized to discharge from out:fall 001. Such discharges shall be linnited and monitored by the Pern3ittee as specified below: WOW,.L1rAITS CEiR/tCi ERISSTIOS ; ; : Ri0NR4131NG`REQUIREMENTiS a w ladsithly Vat = cek(y, lives a Ua>(y fdaxitrtorn_._. 6ledsurement : Fregtterc�y; Sampieij�pe' ':; Samptplacntlah Fbw 0.010 PAGD Weekly onstantaneow lrrllu®nl or Effluent BOD,5-day(2r C) 30.0mgR 45.Omg11. Weekly Grab E#fluant Total Swpendtd Res7dua 30.0 mg2 4,0 Mgt Weekhj Grab Eitluent It as tl rii 1- Ooto6ac 391' 8.0 mNL WSSKt Grab Et rl`uent Nair as H hov�her 1- tAarch3li 204onth Grab Mum Fecal Moan (Wmalrb mien), 200l100 ml 4MOU rrt Weeny Grab Effluent Total Residual Chforlho 23pt9l. Meek Grab Effluent Temperature(T) Weekly Grab Pfuent pHl Wea'�dy Grab EffPuent FryOtRAte4' 1. The pH shall not be less than 6.0 standard units nor grcater than 9.0 standard units. There shall be no disc harrgc of floating solids or visible foam in other than trace anioutits 9 William M. Berry, i 10 E'vergreen Drive AS 0 9 911DA Newnan, Georgia 30263 DIV. OF WATER QUXEst 7, 2000 DIRECTOR'S OFFIC Mr. Kerr T. Stevens, Director Division of Water Management 1617 Mail Service Center Raleigh, NC 27699-1617 RE: NPDES Permit No. NC 0076082 Dear Mr. Stevens: I was informed by Mr. Roy Davis of the Asheville Office, that a letter to you would be appropriate to request a public hearing relative to the permit listed above. My neighbors and I wish to be advised of and allowed to present our objections to this pennit at all administrative steps calling for public comment. In this regard, I am requesting a copy of the newspaper notice requesting comment since we do not receive the Hendersonville Times News except when at our homes in North Carolina. Thank you for your assistance. Sincerely, William M. Berry, r. AUG 1 20M DERR - WATER QUALITY POINT SOURCE BRANCH 11 James H. Preston RR#2 Box 378 Hendersonville NC. 28792 AUG ? :"'o August 25, 2000 �'1� J�ye;�iptidcidr NPDES Permitting Unit 1617 Mail Service Center Raleigh, NC. 27699-1617 Dear Mr. Goodrich; I am writing in regards to the re -issuing of Permit No. NC0076082wbich will allow Bearwallow Mobile Home Park to discharge treated wastewater. I share a common property line; a small waterway called Blackgunt Branch, with Bearwallow Mobile Home Park This small Branch is being used to carry the treated wastewater to Clear Creek. Since no Flow Rate has ever been established in this branch, I again, respectfully request that this be undertaken. On December 31 a 1999 when this permit expired, no mobile homes were in place. Since that time eight mobile homes have been set and the wastewater treatment plant started up. My main concern is with the excessive noise being generated by this plant. This is a small Valley and sound carries very easily. I have a 60 percent hearing loss in both ears, yet I find the incessant humming from the air pump motors to be excessive. If we must have this Plant, at the very least quite it down. Furthermore since the State is showing such concern about the possible pollution of Clear Creek, I think your office would want to make this a model for all future wastewater treatment plants. I know you can follow the rules only as written. Please, I urge you, hold a public hearing regarding this issue. Listen to the real concerns my neighbors will express. Then before you reissue this permit make sure that this wastewater treatment plant will be the most quiet and cleanest in North Carolina. Sincerely, James F Preston JHP/ar Cc: Bearwallow Valley Homeowners E.P.A. Clean Water Fund Of NC 12 Public Hearing Announcement NOTICE OF PUBLIC HEARING TO BE HELD BY THE NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION SUBJECT: A public hearing has been scheduled concerning the proposed renewal and issuance of the following NPDES permit: - Permit number NC0076082 to Nicholas Stefanou for Bearwallow Valley Mobile Home Park Wastewater Treatment Plant located northwest of Edneyville (Henderson County) for the discharge of treated municipal wastewater into an Unnamed Tributary to Clear Creek. PURPOSE: This applicant has applied for renewal of his NPDES permit for the discharge of treated domestic or municipal wastewater into waters of the French Broad River basin. On the basis of preliminary staff review and application of Article 21 of Chapter 143, General Statutes of North Carolina, and other lawful standards and regulations, the North Carolina Environmental Management Commission proposes to issue a NPDES permit for each facility subject to specific pollutant limitations and special conditions. The Director of the Division of Water Quality pursuant to NCGS 143-215. 1 (c)(3) and Regulation 15 NCAC 2H, Section .0100 has determined that it is in the public interest that a meeting be held to receive all pertinent public comment on whether to issue, modify, or deny the permit. PROCEDURE: The hearing will be conducted in the following manner: 1. An explanation of the North Carolina Environmental Management Commission's permitting procedure will be presented by the Division of Water Quality. 2. An explanation of the action for which each permit is required may be made by the applicant. 3. Public Comment - Comments, statements, data and other information may be submitted in writing prior to or during the meeting or may be presented orally at the meeting. Persons desiring to speak will indicate this intent at the time of registration at the meeting. So that all persons desiring to speak may do so, lengthy statements may be limited at the discretion of the meeting officer. Oral presentations that exceed three minutes should be accompanied by three written copies, which will be filed with Division staff at the time of registration. 4. Cross examination of persons presenting testimony will not be allowed; however, the hearing officer may ask questions for clarification. 5. The hearing record may be closed at the conclusion of the meeting. 13 WHEN: January 18, 2001 at 7:00 p.m. WHERE: Western North Carolina Justice Academy US Highway 64 Edneyville, North Carolina INFORMATION: A copy of the draft NPDES permit(s) and a map showing the location of the discharge(s) are available by writing or calling: Ms. Christie Jackson NC Division of Water Quality/ NPDES Unit 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Telephone number: (919) 733-5083, extension 538 The applications and other information are on file at the Division of Water Quality, 512 North Salisbury Street, Room 925 of the Archdale Building in Raleigh, North Carolina and at the Division's Asheville Regional Office (59 Woodfin Place, Asheville, North Carolina). They may be inspected during normal office hours. Copies of the information on file are available upon request and payment of the costs of reproduction. All such comments and requests regarding this matter should make reference to the permit number(s) listed above. 14 IREGISTRATION NAME REPRESENTING x 10 13 15 REGISTRATION NAME 3er'Pcsrcti� /o;,x/r,e l� REPRESENTING 7 {'(��S ---- 10 11 12 13 16 Public Hearing Presentations Hearing Officer's Presentation Bear Wallow Valley Mobile Home Park Thursday, January 18, 2001, 7 p.m. Good evening. Has everyone filled out a registration form? If not, please raise your hand and you will receive a form. This meeting will now come to order. Thank you for taking the time to participate in this evening's meeting concerning the proposed reissuance of the Bear Wallow Valley Mobile Home Park wastewater discharge permit. My name is Steve Zoufaly. I am the Supervisor of the Division of Water Quality's Local Government Assistance Unit in Raleigh. I have been appointed by the Division's Director to serve as Hearing Officer for this meeting. Before proceeding, I would like to recognize local and state dignitaries who are present here tonight: There are also several employees from the Division of Water Quality here this evening to assist you. Please raise your hand so the audience can identify you. They are also wearing nametags and will be available after this meeting to answer your specific questions related to the proposed permit reissuance. The Division of Water Quality has called this public meeting under the authority of North Carolina General Statutes. In accordance with the General Statutes, the Division published a Public Notice in the Hendersonville Times -News describing the time and the place for this meeting. Notices were also mailed to government officials, as well as other persons having indicated interest in this evening's meeting. The purpose of this meeting is to provide a public forum to obtain your comments on water quality issues related to the proposed renewal of NPDES permit Number NCO076082 for Bear Wallow Valley Mobile Home Park. In order to conduct this hearing in a fair and orderly fashion, I will first ask a representative of the Division's Permitting Unit to explain how the draft permit was prepared. I will then invite the permittee to present, and finally, I will ask for public comments according to the sign-up sheet. Anyone who wishes to speak will have an opportunity to do so. I request that everyone observe the following rules of courtesy: 1. Please do not interrupt speakers or question speakers while they are presenting. Should you chose to speak, you will be allowed equal time and you will be extended the same courtesies. As Hearing Officer, I may occasionally ask for clarification after a speaker has finished. 2. Please limit your comments to the proposed renewal of the permit. 17 I will now ask Ms. Natalie Sierra of the Division of Water Quality's Raleigh Central Office to present an explanation of the permitting history/process of this permit. {Natalie will give — 10 minute presentation as follows} INTRODUCTION Good evening. My name is Natalie Sierra and I am one of several environmental engineers in the Raleigh Central Office responsible for writing discharge permits for wastewater dischargers in North Carolina. Due to your response to the proposed issuance of the NPDES permit for the Bear Wallow Valley Mobile Home Park, the Division of Water Quality has decided to hold this public hearing, and I have been asked to give a brief presentation here tonight. My presentation will include a brief overview of North Carolina's NPDES permitting program as well as related water quality issues, some of the concerns raised by individuals prior to this hearing regarding Bear Wallow Valley Mobile Home Park's treatment facility. As with Bear Wallow Valley Mobile Home Park, all wastewater dischargers to surface waters in the State of North Carolina must receive a permit to control water pollution. The Clean Water Act of 1972 initiated the strict control of wastewater discharges with responsibility of enforcement given to the Environmental Protection Agency (EPA). The EPA created the National Pollutant Discharge Elimination System (the NPDES program) to track and control sources of pollution. The primary method of control is by issuing permits to dischargers with limitations on wastewater flow and constituents. The EPA delegated its permitting authority to the state of North Carolina in 1975. North Carolina has established instream water quality standards in addition to federal criteria to protect and preserve the surface waters throughout the state. The Division of Water Quality does this through the issuance of NPDES permits to all discharges to surface waters. Bear Wallow Valley MHP requested the renewal of their existing NPDES permit in March 2000, allowing them to discharge 10,000 gallons per day of treated domestic wastewater. The permit was scheduled to have an effective date of January 1, 2001, which some of you have noted is past the expiration date of the currently held NPDES permit. Under the provisions of the North Carolina NPDES permit, a facility must comply with the conditions of the most recently issued NPDES permit even if that permit has expired until such time as a new one can be issued. Fortunately, these dischargers must still comply with limitations on pollutants of concern. Concerns of Public: -Does this facility pose a threat to water quality in Clear Creek? 18 As permit writers, we assign each facility limits in accordance with both the type of waste as well as the class of the receiving water. Permit limits are assigned based on environmentally conservative assumptions sure that the water body will continue to be protected in the presence of this wastewater discharge. [FOR EXAMPLE, PERMIT LIMITS ARE USUALLY DETERMINED USING DROUGHT FLOW CONDITIONS, SUCH THAT EVEN WITH EXTREMELY LOW FLOW, STREAM WATER QUALITY WILL BE PROTECTED]. The aim is to safeguard a receiving stream against water quality degradation and to maintain designated uses in that water for many generations to come. -How can we be sure that compliance problems will be effectively handled? Are Division staff and resources adequate to handle any potential problems? To ensure that a facility is operating properly, staff from the Asheville Regional Office can perform a surprise inspection at any time. This ensures that the facility is being adequately maintained and can also allow for a review of facility data. In addition, the Division of Water Quality recently established a new enforcement policy in recognition of some of the problems of the past. Formerly, facilities might get a notice of violation (NOV) but never receive civil penalties for violating their permit limits unless it was chronically non -compliant. Under the new policy, data from the facility is reviewed monthly. When a facility violates their permit limits, they are assessed a civil penalty relative to the number and severity of the violations. This places a financial penalty on those who degrade the quality of the waters of our state. -Why is a facility allowed to operate under an expired permit? Is anything being done to remedy this situation? As I explained previously, the extension of a permit until the issuance of a new NPDES permit is permissible under our state guidelines. However, I would like to point out that we have recently established a process that will remedy precisely the problem that occurred here, that is, that a facility owner applied for a permit renewal after the permit expiration date. We have recently improved upon our system for tracking and enforcing on people who do not fulfill their obligation to apply for permit renewal. It is our sincere hope that this, along with a stricter compliance policy, will ensure that all dischargers in the state of North Carolina are meeting their obligation to protect and preserve the waters of the state. This concludes my presentation; I will now turn the hearing back over to Steve Thank you, Natalie. At this time those who indicated on your registration form that you would like to speak tonight will have an opportunity to provide comment. I will call on registered speakers first. When they have finished, others in the audience wishing to comment will be given the opportunity. Due to the large number of people who expressed an interest in speaking here tonight, I request that everyone please keep your comments to no more than three minutes so that others may have time to comment as well this evening. 19 This meeting as a public forum to present pertinent information for the state to consider before deciding whether to renew, modify or deny this permit. I realize that, for some people here tonight, this may be an emotional issue. However, to allow time for everyone wishing to speak, I recommend that remarks be kept concise, and related to the Bear Wallow Valley facility. As Hearing Officer I can only consider the specific information concerning the discharge from this facility. The Director makes the final decision in this matter based on my recommendation from the proceedings of this meeting, including your written comments. Considering the interest in this permit expressed in writing, [or for other reasons] I will hold the meeting record open for two weeks — until February 1st - to provide for those who wish to submit additional written comments. When I call out your name, please come to the podium, state your name and if you represent an organization, please state the name of the organization. I appreciate your cooperation in complying with these requests. Our first speaker is... (At this point read aloud the name of the first registered speaker, etc., thanking each speaker afterward. After the last REGISTERED speaker has finished: J Is there anyone else that would like to make a comment? [Make sure they state their name.] If no one else wishes to speak, I would like to thank all of you very much for your attendance and comments. Your participation is important. Based on the information received tonight, I will make a recommendation to the Director of the Division of Water Quality for his consideration in making a final decision. The Director may reissue, modify or deny this permit. As a reminder, this record will remain open until February 1st. You may submit written comments to me prior to February Isr This meeting is adjourned. 20 Beat L. IVMcKenney 11.26 Shorwood DriNre Orlando, Florida 32806 Phone (407), 898 - 5729 Aprit 24, 2000 Mt. Tommy Stevens Dureotor of Water Management North Carolina Department of Environment, health and Natural Resources 1.617 Mail Service Center Italaigh, NC 27699-1617 Re: NPDES/ Bemw. Wlow Valley MHP NPDES Permit No. NCO076082 Henderson County Dear Mr. Stevens: The Permit referenced above expired on 12131199. In spite of that, according to M`F, Roy Davis of the! Asheville Office, the owners of this property will be allowed to develop and operate a mobile home park without a NPDES permit! Can that be true? Do you not care to receive public input from those who could be most. effected by the effluent produced by such a development? I own the home abutting the subject mobile home property. I have not received atV legal notices regarding this permit. My family and I use the creek in front of our home for recreational purposes acid the mobile home effluent discharge: is less titan one hundred yards away. Please mail to me, at your earliest convenience, any legal advertisements regarding this permit. I %vould. also like copies of waivers, oranges grxrrted, infzaetions, maintenance requirements, system redundancy requirements,, mechanical problems, failure to meet effluent requirements or any other problems with the permit in question. Please serid these items to the address listed abovc. Thank you. iL lY, . McKenney S cc: Mr. Roosevelt Childress Permit Manager USE PA Water ManagementDivision! (;I Forsythe, Street, SW Atlanta, GA 30303 Aft 2 T 2006 DIV 0-c V ATE QCIA.Wy uVA i [:.P of cam rry 21 iota at ISO 11=4sql -WnUMI M. BERRY, JR .10 PWRGIRUN, DRM NEWNA 1, OBORGIA 30263 14fz. Tommy Swvcnt Director of badater Mpn=zat ; tl Carefirm Idpmbnent ofEnvircnment, Hes3th aQ4Naunnl Resources 1617 Mail Service Cyr Ptaleish, .NC 27699-163 7 Subject: i PDESi BtattgaHow Valley � NPDES pt=dtNo, NCO076082 IIead=an County . Steens: P.414 Apt 2d.200 Effective ImuaTy 1, IM. yourDepmtQ-m re -issued the NPI)ES P=it refv=d above and it expired gin I.1,xetziber 31,1999, Thi; tevaral funii.iev wing the Cr&i for r tic nA- ptrrpossa 700 fix t downstra&xn'have dray„ Objcolcd to this m3lhcrizttion t=wc of the potential for env n=. W dame to the quality of the creek-wateP Thr-pcvrreoord ofma:rtoria g mr Cscili6m by tha State eontribulev stroro, y lG.aur eOn-v n that the cftul v wi h cxcxxdIhc !units gpeci ied. It is only recei* fttthe c'%n= of the cnobile house park have diown any activity toward compfetion and we w= ottrtaaned tlrat'W"'ith the phm=ent of tK-o trailers in the park, they would be altered to operetc wi&vut a perrui': I talked tht.�: ra=ing with Mr. Roy D vis of the tsbfMlle Off u and he � wnod that iho owner will be allowed to copa= without u permit This would rtdi= s pra&- vc ition to pprove r2i}.cr Chian. an h3oncstrevim of public input. us the Onewal process, From the initial appliu--diion, the Asheville Offko lids appeared to be inclined is approve rather Clean remduct a pragmatic review of ibe inform.-ttion;ubmittcd in Opposition. I also asked dmt I Ire writ it copy of the Ill advatis ent situ the lcmil now paper is not delivered to Gvejora Mr. Davis rAvo me his telephone number and said I could call i-s a couz tc of mcmths and check tbe status of the process, I would li4-atGbc informed by mail to the ad"s shown sbovo of any Ico n&nfi +gels xcgrdbV this pwrait and copies oral) corresp�ntirarcc n dating to el gt~s, infrections..mechanical problems, fsiluro to meet effluent requirements and other psable.ms with the perry it whicIicoulel r wln, rtlrase uiing Ilia cmPk for rec ea6onal purposes downstr=n_ nhenk,YOU f& y014`amistmce. cC: Mir, ttc09eveltC,`144 Farrnit'MWYdgCT US.I's_' YXWawrMmmgcr ntDivision 61 Parnydie Strret_ SIV Atlanta iYA 30303 22 AW 03 lee 11t MI ' Wiiliarra M Berly, Jr. l0livcrgwwt .Drive. NC'Wm m, Chorgia 3(P-63 770 253 0517 The Honorable, Dili I3olman, 5etae',nry NC liepttm(ment of Envirorunent and Nahuul R.es=cm 1601 Mall 9enirar Center Ruleit h-NC 27699-1601 P.2/4 1�111 O F(G 4F THE 5ECRETAR r � .. , Ei'rV', R-7-i-ERP50 TO 400i AND INA ej Irk Subj'cct.: NPDES PennitNo.24CO076092 i.?G:;e S�retury Hcnlrrt��r, �•�'? U) � >-y-, 1 I am uniting you from my see ►d 110me in Iiendersotx County in 16kence to the wasta wdex trMuricat permit mlerenced above. Iwill frcg=tty Ilse tle plural Pronoun becahtsc I in olutlhr the Laliltes Of Berry, 7,vlcF4urswy, andPatks, all ovrnm of harms and pmpeity adorn C:lcar Crwk since 1925. This prolies t3 tO IM feet beIowIhr point at whlcIi the eM uent fro a101c abovo T UMit getters a small bra A and flaws intro Clear Creeks We have cvlLectictily ecsntended thIt this permit is dXB*ing ecologically oral Eri=cially to our pzpcity Wore any action ww taken to ir- SMU the V" U, water treatment plant_ IBcw: h-a we ru,Zde in South Carol r% G:oiva Ahd Florida, we (litl not see he first adver6.=ient Which nppd-4ed in the Hendenori- il;a Times New& on April 34), 1989. The pNrtnit a&-piVA- Deer bee 31, 1999, and sac wis€i to be ecntain that eve k n)e the of pores pity to voice cur objdction to rlte Mre%zl. We are conccrrmcd "t vie will iniss tlx: advertisement turd so*t to Inoue; a copy of the gequL Pram tfle 'Watrr Qu3lity1XVision mailed to th. above adtlrYss. This wart sy h-w b= offered in the p"st from ollico, inlltaleigln• I mokebytelephonewithMr,'ltoyDavis assignedto the Ash6ville office on April24. 2delU, and regneatr d km aft(x)py of the a&wtisemeat. )&. Davis &-alin d. to Mcnd•the s=e ooarteay as the, Raleij�h stab; but k-tiirZeste d des I call him in it couple o':: morlhs and ho %voi4d let me know ivheei to expect t1a publication. phis. seemed somuwlmt indefinite, tl= fare I yyYote the attac}rad letter it) I1aCeighbut. have not aeccivufareply. I:got the ,Lddm;3 from aserrcLvy who orlswezcdtho tetepharte;sq it mild be nsisdirexted or could have been last with the U. S. Postal Savice. Thy waste water treatment, plant mppum a nnobila hotue puk mbich has; long bean donfea et. Activity early this ym caused gn.--shorts b=mv, we )rr ,v the permit had expired in M-vewb ex and we would havd the orportunity to c onmient deicing t w renewal proce•.s. Afta trai.las W"O ma%'ed< inw the park and the treatise :t plant pinced in oparution wo began to os.'c quLstioi>.�s. In niy telephone convehs{•9tion with Mr. Davis, lit r.^cplained tlhatr lu: had "acbvinistmtivcly extended" the old Pemmit bu*vza± his staff is inaiecluatc tcshart3lc tnZ •pliuil7s>rts and it tiva bf little ebi6uxluvrl."C if gn ex ensian was �'�cd 171is seems to by-pss-g'"y wxdatettl pefiods of public comment, and a pircess dictated by SWU r69Wutian- If the stzhff in ilteaixquate to handW ialevzpls, then it is also insufficient tee handle he Wolldo id required to mordt-ar th6 coixlitian of the writ,, leans and protect tna Lnvironmenr. This rej�ulatcwy rws x=ibilitY h= beat detgAted to subcontmctor s echo profit by a. Pave cost operation and sample d'eir own I w&ct: Secretary F ch—at, we agrcc,- that a properly otsetatin5 waste; usta r U=ttnent plant shzxrid not dttntt eo tlse c>zvinsnrnucnt fir thc:�r. ilovaevcry in Pr ,itunaitnns this is net hnre+ and Erase .gurgestmi several mGiheds Of sstfeParding agptnst clam from Fthilure s and human zaa?. Clear Cra:1: 23 ll,:49M , P.3/4 has b= moratcr4d by the Fl tctr r COUr4Y VdluntccfWtUT WonnaLou Network and this == hm CM& in thi- nd p=nagy mm�wred it fv, Faca,I Cgfifcm a fLnd I!Dd IM-13, Nrnr, Or dds his bmaaken into ats*raficn nor h2z an cxptftlfiOa b= *m whY the SLopued Vm not us4 I hffir bmn Wumcd by krmlcdVmbla WWCL'MS it the r �mimmental Prow.6ca Ag=Y =d N106 CmOfiu' W09 N4aaa t ftff LW 447 would .M,Ot %,ujtw me th,: qmk for mA.Twjcmi uumosts in this 54'tWdcl*L -gV wmd o-4 !:ads app=nj in Jj& of the potmtiel d=W to vir PrcVc[tY- Thank 3% for your =Sist , 24 Wfiffurn M. Bum J�4 10 Everg en Wive AUK; 0 9 P11111 �1eca�r�mn, t3corg[n ;'c:��f DIV. OF WATER QU ,' 6,t.7.2000 DIRECTOR�� Mr. Kerr T. Stevens, Director Division of''4'Vater Management 1617 Mail Service Center Raleiji, NC 27690-1617 Kt : N.MES Permit No. NC 0076082 D-car Air. Stevcns: 1 was informed by Mr. Roy Davis of1110 AsheO'00fFce, that a letter to you would be aapproprvava to reY[-ucst as public hearng relative to dye peimnit 1 st al ove. Nly neighbors and I wish to be advised of and .a11mved to present our obj,vctions to Yiris pernut at all administracive steps calling for public comment. In this regard,'I am re+ge.esthg a cope of tlic newspaper notice requesting continent since we do, not receive the 1-Jenderseaville mimes Newt except when at our homes in North Carciina, Thank you for your assistance. Sincerely, Williani XL Berry, Jr. AUG 1 1 2000 DIvNR - WAIEP OUAWY POINT SUUO%i: BRAUGH d K'S�' 25 T-2S-00 12 i 2G FROH i WA72Q 14WIT 'DI V RSG4 10.404 662 931$ FACE 8/7 Wfibaut M- BerI J, Jr. 10 Everg of Dtiv Newnan, Georg a 3 r63 Aupst 8; 20M W MIS Jiasiey, Attamtiy General North Carona D-.1mitment of Justice P. O. Box 629 JW i!jo , Manh C=hn 27602-29 Doar Mr. Ens ley. Th.+s catxz=spaad� oaneatbs file �oCSil?Eo faiEuro of a heath Cast>liaua govetrunt�t31 a�at�y tlu foiicw the North Carolwa Gmeaal Statutes. It aLca points cut. a potemini tack of efiden y wh -dl im' goy++ rr=c:rd operatiaoS aad irlca+::asct cxpei =. Yf y= office is not the correct .=city to addrk-ss tiI= im,es, would .ma plelse direr it to the appropriate su2itorily. Sixe f992, several15milies with prcpauy on. Clear Creek im H-a dersa,-a County, Tempe bwu obja-iuig to a Waste W=r Tre, e=t Plmt a%dorizod by*e AslaeviElo Office of Water Quality the , sttacbed cmes'ipwdeuco, sat iB Apal and Yams of this Dear, to Sectwaq Tide Hokm amd to W1Cerr Sc",Aens = marize the problem. U-0otttrnawly, neither an add wledgment nor a reply bss been receive& Th,3 fR= as we ua&na4 cad them are as follows. 1,&. Tuck St4mou was is,,nued a digs permit (NFMS ;Pmnit Wo. NCW76M) wave January 1., 1995, for Bearwan w Valley Mobile Homo Pack (copy of firstpagc attaciaed).'Thi p: hie wingat Iniduinht December 31, 1999; and PardgVh 10,- Expimton cf Perrvit (+rop), attache3?, docana authorize disci iBo, uftx the e9it-uio4a duW. It also regtd= the pennha- tosubmit appEcadw for reuewalno IateT than HO daps prior to the expiratiou taw �ad flutter subjects the permittcc to mfawaneut proct&u% for . f%d-" a to'foliow this rtxqmixewevv'NC Craderal Salute 14�.214.2 par W{ Its discharp witho«u a permit. Both NC Gm—L-,d S7at a 14S.215.1 (rrtntched) tmd Title 15A of the' NC Administra&-te Code (am" trxltlire public notice ofthe proposed permit at least 45 days prior to any final action F=tiag or denying the permit This Erotica ante.-t be published in a nempaper havii; general c!rw1aticu witWa tho Qmt y or geogmphiad arm Attioa ratativeto dais cer0cate by thu penraittee N as dom at fir several ye= rural L-w I wh= a ork begs to repak flee wot irealit,-;ct p 1w. On. March 7. 20W, ccmtact with staff a=bees ofthe Division of-Wator Qua% iwuled tha, thft owZc= bad mopsrad, no rwmal appliruion had bow oiled and they vxte =bl* to locate iufr. Stefiaou: to rl-ernune his ialwmfiowa. On Apol 21, 2000, two mobile ?comes wolf& r&ow4 iaus diopwk with the Wastewater tx-ean1t17t plane the Q* wurce of socvtrtge disparsnl. Oa-April-24,2000i Mr. Roy Danis fromtho Ashovi c CI:1Jico of.Water Quality called to the was flowing op=doas under tEw wasting expired' cestifi€ate and I belirre he used the tetaat "amtegais,trativdy extead; ", a pro� l rzud no pwdsisvrns for in tho Stab� or Administrative Coat-, kir. Dadvis stated that ho wau satisfied with the platlt and he had given fmal appromal for opersrdoos effibzdvo11+Wy 1, 2000, with tho 361ition ormorc mobile'horses. It was explained thatihis abbreviated praass-,vats nwe�=iy betaw;a r of inadegw- a staffing in the A.,10-. lla Office. Bwr.ed va tho facts as they um. st we believe the Departi=tofW aver Quality has aqlecs:d its day to the. eavirQA;4aica and to abe gablic. rV1cwkg the dim%up Nicbout a permit is in diva conflict with the U. S. Code of Pede� Repbwas and the North Caral'wa Gi a=1 S1atLnes. %A%ea the Asbaville Office mado a de#ea'r+ni vdica to aNOW cpetatibas eftecdn May 1, 2000, it, esfi'octivuly ym; tho final ddermina'don as to toe permi The vo4ss=co of tine penult is mw zn 2dmini=-6ve action and the public no4ica rgdrirM bytbo NC fseftcral Statutes and the= AtlrnkhstrttivP coda ara raleVtal t>o a rcabber stamp.. aft 0 T-25-04 12e2Z FROM -WATER iT1CF1T rllV iih'f+$ 11)e404 6'82 831e 6'PIGE 7/7 the fact n ion. tf'the teq Trod aunaunoernar aYrl.patteic.heatatg oonducted, & Divisioct 00vaw, qjj; jhy wall be pre&posod W apptt al: Several years ago, tho Fc&- ral Aviation A6iiuL=zdm rmorlified its goding &ecdws b=uw , Co=bLed lwsgs -AN& called for the promodua or fvuerbg of mtiz�an. 71 lis 80.1icbnce wa> accaraw t'or the japer obi►, but vwidug 1wd MPIGY= were Mowing t>kw o= mt=k g of this vw&bw. hiss ivs,* d sa their Wuro to properly apply the goverming xegislibms it a timely and docisiw n>a zn, 41bwwitg mmy sauatms to W= w1cm ,601aticns wera ocaur t -ed. ' lvm S&-= to be a gar" vriIh she TNveion of wah!r ( Uduty, The fbCUS appaars t o be enthe iss=oo of discarg" p tm O, 1it)C on.Oej p erva� ,Oftjirc aquijingthesubmisgim of an appoc uk u is the rogtsirod ti!mc C—im or applying tho endorcemmtproudures pro ided fba iu tk_, siui t cn, the P vd%s aiiowti do 0w4 the 03at Fu vwnticn. This viola= tb 6 u!a r u aiw a t Tc1 p fir dis 1arge. I TcniWmg; atdd suViog wam w = bas b= w?egmed ro oxmd ris es who m mcnemity compmsawto pro= the st;w � a poteatbi ctrn&cc of intemt. jf tha Water Quality Djv� is �aadvF=a ( staid to issac the pesos pr b ,, tbm bores cam th cy ovmsee the paper gmwj,gOt of theme abwdy in afpxt? We La%e opp<red ttds pemik simre Tp*m the u mn ntpl= vas icstdW. Wo bw usod the =k mrwliaudY for 75 years =d. dse &chap c► at is only r7oo 'tfi ioco fmtc above the area c f aso_ Whgettto OfBCW ===ts say the it=ao cf th". pumk will ncc damage the creek, pivately sty members of the Act of�Varer itYd tb Errviro�eo� ray' t?say+wotild not w =tto entar tbeV= this doaa to the pgmt of discbawe. \tlo w mid appm ate a revkw ofthe &cmnstanees as an ovarvi w of the effeCii eas 0fthe NC arb=ut of Rater Qoih' as s ViWa QUmiaa6vu. to proted *0 and sttems..)f I Can piuvido iustiiat r�, S cis t =&ed by tftbod9 iA Nmun, Cmrvia, at i 70 L53 0517 or irl S end.r,,Wy ate Nor& C mr joa, ae. &e 8 695 1833, 0E0, of for [tLVe=r Csetseaal. pmitriu#V=W ?(OteedM Ag=Cy %,a Dmpaor, Clem Warr Vund FAOQY, HmdmmNille Trd = INVwl- Ta, Cd6r, Rew_,_ .1%R'5 and Qb vcr � F.d or,. YiltO C Tho Bdrtw, Chmioste Obscm--r 27 Jnai�.a H.. Preston R02 Flex 378 Modcrsotivilla NC. 28792 Tr' 1)I S Pitting Unit 1617 Mail Service Cantor Raleigh, NC. 21699-1617 Dear Mr. Goodrich; �a qu- August25,2000 1 anti %voting; in reiiards to the ro-issuing of Permit No. NCQ0076082w•hich wild allow l3cnwaitow Mobile Aornc Purls to discharge tr-cau d wastewater. I stare a common property l6m; a small µ;,tamW culled Blacicgum Branch, with Bearoallow Mobile Home Park. This mall 13mrich is bring used to carry the treated W"Iewater to Clime Cheek. Since no Flaw Rate has unxT bu'x-rt established in this branch, I ;jgain, r%.-speclfully requC9t brat this be imdertokea, On December 31" 1999 %vhcn this permit e,Ypiral, no rraLWIle homes werc in place;, Since that time eight mobile homes ha►v bcera wt:and the %*astvorater trcata-cnt plant started up. Mly malty emcern is with the Lxcessiive nois-, being generated by thisplant. This is a small Volley and sound carries very etisiiy. I havo a 60 percent lte ring loss in both Cars, yet 1 find the incessant humming Crum the aispump motors to by excessive. if we must have this Plant, at the very Iced quite it down. furthermore since the State is daowing such concern about the possible pollution ofClear Creek, I think your office would vrtnt to mare this a model for all fixture wastewater Ireratment plants I l.'now you can follow the miles only as Nw tten. Please I urger yat, hold a public hearing; rcWding this isz-.n. Listen to the real con=ns my neighs ors will cxpress. -Mori befona you refs'Aie tills permit matte sure that this wastewater trwtlttcat plash will be the nlo,'A i}rtiet and Clem st in Noah Carolina, Sincerely, 1 Jana teston 31IMS Cc: Bearvrallow Valley llomcatvners EPA Clean Water Fund OrNC 28 ACT-25-QO 12 , 26 FROM . WRTER tdCMT D I V R -rG4 I D - 404 5B2 9318 FACE 5f 7 �� e1 of F urn Pvhrhm-d-f3j> XCHAEL r: E,+SIc" t SUrR 3W 'Altar m r Aft"`7 Off"Cl 124 Canoga Strut t4rorie: (Mal 251.6w A�,c�,lOe, NC 2l3801 Fcm 1826) 2514M 15 Stptember 2OW A%llam U- F'Crry, Jr. 10 Evet,Zrm Drive Newnm GA 30263 R& CnrreTondem of g Auagst 20M Bear Walldw Valley Mobile Homc Park Henderson courtly D= Mr. Berry: Your Imerof S Augmu 2(1Q0 eo Attalney Gemra! Mike Easlty hube= re%rred to tna for rinse. Your convespondenec conczrrts the the SUMS, of the wastewater tre amen plant load as Pear allow Valk)., Mobile > io>Dle Park This. office rely Pmm the North Carolim 1?eparsmnent of Envicozamam and l�atural Resoa,eces, the aamcy chatgcd with ada*kis€ratioa and Onfortt eeDt of the 5C3te'g water garalirf program. l "eWmld that you have corresponded with. Secretary Bill 1•ioLlrtan regarding this=tter, and That Kars T. Stevens, Director of tree i?irSIOn of Nate[ Quality, has responded to your Inquiry. I have atxsched a copy of tha respo= for c oavertlent reference. J hope that this information is helpful, to you. Shecerol�•, Srieum P. Sttnvmr Assistant Attoanay Gcmecai fSPS ltmlasures . X+ . Kerr T. Steven Forrest R.'Ncsmll -0dr 29 J br-•25-06 12 , 2e FROM i WATRR MCMT D I V RRG4 10.40q set 5310 i AdIl 4/7 i 1 %V1 Himn M. Berv. Jr. )0 Evergreen Drive Newnan. an. G?,orgia 30283 - Octob,,r G. 2000 O icacitheTnssedorGMI'-rl Environmental !pi ot?Ctrar� t1rCjr Mail Code 2410 1200 Avenue Was m,cw on, DC 20460 Re, NpD2 F'esmit. No. NCO076092 D= Sir or Madam, Mtz attached was sent to your o .Vito on August 8, 2000. Also attached is the answerfrcffutheNotthCarolina Dcpatuocidofhgticedatc Septzn:Lber15,2WO.Fromthecmtcn;.ofthe letter, ! = onlyass'errre tha¢ no i1a%vAigatioa was performed bylbat ol�No s. it appears that they acted an art, -,war from previous ccu soondenca to the Division of%tcr Qtratty wlidt 'fails to addr ss my concerns relative to the legality of their aeons in allowing discharge: with an expfted Permit - From my p mious p.•p.:icim o in a regalatmy agency, I knmti it is not legal fbr a state law or proceduxe to tediaw die scopo of tie Federal Cade. liW=tha administrative =tettsiomof�a dkharV pofr is providad. &run&.r Fe" l awMures, it :p rs to crla there is'a vialaziw of tlh-a UAbd Sta'tcs Carle in allowing the discharge to conEnur✓ bem= the loophole has b= providtd by state procedure At this time do permit hn not bon: renewed and the ptarrt is still ut operation. In sddit on, tho folltsMng: shoWd tsa considered •, 'Morewas no urgency that tertuir€•3 the NC ).1'epattraca of Mter Quality to revl�rstthe process and; spprove the disdiargs urithoathe permit, !Here was no discharge rut iIhc data of expiration sine the tie:'itylimtPlant thadnever bemplaczd in. operttiorl' Ratnnrtliarl fo 10",the foquired pro= of reneming the: permit, die NC Divisioa of Watt, Qualityassited d1L perrnietce in bezbviLag the opemdon of the: plant with art expired peMik w t The NCbepartrnent: of NV'4wr (will y has: never eNj)labtcxi 46 xt authority allowed them "adlrminlsttatn'cly' t�.�errd" thc PZITAit. 'tire NC- DepartuPit; of'Wmer Quality appears to -have rolagnled, fts charter to prow a the waters; of •Noah Carolinrt ail has made the open6on of waste w-atar° txea=ent pI* tts hi, , first priority. • If the staffing, ofthq A.*aville Office is so limited that they camotprocx= a pennitapplication in a tiniefy n=mer, t}sm how da they manage to find the mmarccs to monitor the bikial openadon of a new Wasto water tre=att plant and bow can they possible, assure the' pnattdion of the srxearrrs in the State. I still belisvu that dus purait has been handled in a nixiner whidi vioL,tes the laws N%hich govern its iss moe. ,l wr uld appreciate an in-mstigation by }'our offica Sake the State of North Carolina does not seem to c;-ttts. Thank you AoT Fourass55ti nw, wry P 30 -00 '12-24 'k"RGMcWATER MG34T DIV REC-1 IDz404 562 931E PACE 2/7 UNrrn SSA TFS ENVIRONMENTAL PROTECTION AGENCY y WASHiNCTON, D.C. 2t)d80 ACT 17 } CF'FX-z OF THE f1,1MMORGOW"L W3Y10RANDUB1 SUBMCT', NPDES Permit No. NCO076082 FROM- James d. Rau Assistant Insm Jn General for Audit TO: John Ran! R4onal ,Administrator, Region 4 mr_ William Berry, of Neviman, Gcorela, is concomed about the discharge from the wastewater b awant facility searing tho Bear Wallow 'Valley Mobilo Homa Paak in Henderson County, North Caroliva. 1�1r. Berry contends that the North Carolina pepaltment of Enviromnent and Narural Resotuces did not adheee to required procedures when it recendy+ renewed the erred NP.DPS perm t for that facility. Because Region 4 is.responsibl6 far oversight of the North Carolina NPD>?S prom, and your staff is in frequent contact with the stam's water progM i am forwarding the Correspondc;nce ,W( Derry sent to as for your review and any action you dean! appropriate. S'Pease provide to _—wM -yotlr staft's assessment of I1: Berry's tosition and copies of any corsespondl<nee gehe-iatcd relevant to this issue. Should you or your staff have any questions or require assistance, please contact Pete Ea en, Director, Eiagi.ueadag and. Science Staff, at (202) 260-4921.. Thank you for your arsis=ce on this mattes. Attachment Cc, William M. Betsy, Jr. 6i�y+eitdSi��cyeiai�a .FczEti6 x� L'7�clabb a3[Snsoe lnks en 100 �- P,tgnied F'�r ii,7isPoRcaau.�.sr} 31 25-6io 12 o 24 FROM . WATER HCHT DI V RE04 ID1404 582 5319 PACE 3/7 UNITED t;TATFS ENVIRONMENTAL PROTECT1,01l AQ9_ 0,Y WASHING1ON. D.C. 20460 OCT 17 cW W. WiUiam Berry, Jr. 10 Evergreen Drive Nmn", Georgia 3020 DeU W. ferry: odor The iNWe=R GM RAL. Thank you for your !otter of W- ober 6; 2000, conceming the renewal of NPDES permit No. IkO076082. f have forwarded a copy of your letter Land the accompanying correspondence to EPXs P,o,gionai 1ldminismtor, Rcgion 4. Region 47sWaterlalanagemem Division is responsible for the oversight of Notch Carolina's INM aS program. We will work with legion 4 staff to aftess the issues you raised in your letter. Also, enclosed is a copy of our recent audit report on the North Carolina N PDES enforcement progratll. If you have any questions, please contact Pete Hagen, Dire=, Fngineering aped Science Staff at (202) 250=4921. / Je es 0_ Rauch �sistart $nVectot Gstcr-al. for Audit Biwtosum cw Regi= Adrninistrator,Region 4 Roq'tletl��egctawo •pn�Andviih ftelbbla OU USQ4 hia as 10a4:ii9GyCW pap'c (AV+Fo4 a>-rjmo1 NOV-02-00 183 11 FRM4;ATER MCMT DIV REG4 ID.404 S62 2210 PACE 2/2 R4t' U11M STATES EMVIRONMEhTiAL PROTECTION AGENCY K ATLMTA FTjDGRX CENTER ul F+DRS`f HSTREET " 4 onm XrLAh TA CE6RQtA 30003.6966 MHM{]RA1'�iD{iM SUBJEC % WDES Peirrrit `ro. NCO076082 FROM- John K Hanldcwn, 7r, Regioul Adlninfsirator , TO, Units 011� Raw, Assi=t bispecftor fient.'ral fnr Audit ` lds'irewwrandum is uu response to }roar coirespondence dated October 17, 2000, on 6cElalEs�f ltfr. �+7si1i I crry of 1 tswnratl, Georgia Mr.13cray is conccuiW that the North Carq�irxa Depaa=nt of Bnvimri =A and Natural Resources did not adhere to roqui&ed prcGeduresfor' k4suing tt lyatiowl Pollutant Di=bgrp Elimination. Systom (LAMES) Fcrwii to tho Bear Wow Valley Mobh Homc Park wastewater treatnserlt plat is Henderson County. '14ce State of North Qrolina has.bwn clrlcgated the auhority ands T0spDnSibiiity of itnpl= nting and enforcing tha IMES provam through. the. \arth Car 16a DluYcion of Mater Quality (teC DWQ).Ytt aocordanc e wit'n the EP.&MCD'4tl'Q Mcu)orandarn ofAgrecrnent,horth Quoba is not reiquired to send permits from wastewater treatment plants of tlxis sixo attdl type to Region 4 to oven++ew. '1i10 Vicar Wallow ally y Mobile Ho= Pei NPDES Pervit cxpucd on Dec=ber 31, -1"9., and an �pplicadon for wnt:wal wn.rmived.by NC DWQ on Apx110:, 2000. Since the = ' appolcation for zea et Ml was 6t submitted it lemma l$0 days prior to the expzradon date of the euirent INPDRS perr &, it: is our 6derstanding the, legal whorxty gratated within Section 15OB-3 of01c Stage ofNlmb Carolina; Statutes cannot be ui: d to adm;rlistraativ y oont nue Chu ei.-pbd ` WDES permit. Region 4`s Clmn Water Act Edotecmm Section wlll send a 1�ctter to the Stag: to msura thm taus situation is ztldressed. We will copy you on any cr toncspoitdraaco cone dIs ttlis nutte.;:. If I rray be of ftlrtbar nsistattce, plDaw feet fzeoto contact n?, orD&. Roosevelt Mdress st (404) 562-9279. cc., Da❑o Goodrich, NC DENR Forest'Uir'csull. NC DFNR Ialemst pmray (1Fi . hppFi n rfi4.a�x tu, gMd0:DTI-7CW 0-;dW.adWkhVQ7Wl4WO]D:redMbeoNtyd-APa�nr(15•�wrtiASIPoJtXhiLearj 33 Property Owners Whitehead Road Hendersonville. ;Borth ,Carolina January 3, 2001 Re: Nk PDES Pernih No. NC0076082, Beam", How Valley Mobile Homc'Park cis. CI rictie ack NC Division of\Nrater QualitylNPDES Unit 1617 Mail Service, Center Raleigh, Nortli Carolina 27699-1617 Dear Nis. Jackson- F �1 JAN - 8 UNR - WMER dUAtltY P011iT 501lRCE BR�H�H As property owners most directly affected by the renewal of the above referenced hermit, wo wish to have our conuneuts considered but will probably be unable to attend in person due to schedule conflicts and travel distances. The ad-vertisoment which appeared in the I-lendorso twill+ Times=Nees on December 15, 2000, indicated, that comments could be: submitted in writing prior to the meeting, but your miffing address was the only one included. Therefore, if we have directed. this to the wrong office, we request that it be forwarded to the responsible person before January 18, 2001- Tbe process is sornewhat confusing; since the Asheville office of the Divisions of Water Quality effectively renewed the perniit. when thery placed the treatment plant in operation on May 1, 2000, according to representatives fronts that affrce. This rues accom ► w ou comp yutg - wvith ticle 21 of Chapter 143, General Statutes of Nardi Carolina denying the public any oommcnt on the operation of the. facility. The cuffent perrnvt expired on Decernnber 311.1499, and no extension or temporary pomiit has been funssslned although requested. Tisciefore, discharge of waste water has occurred wvithout a permit in violation of Federal law and the terms p rnne d There was no urgency to support actions in advance of the permitmp�cess..makirng,F}re manipulatro�reState an c zir aril 19r , sts or,einm-fie issuance of permits appearto be solely fd e n0trt oftlre Divisions of Mttec,Qtsalrty. Tic sc�neituDcci public hearing becorne; only -a rub er stamp process to legitimatize actions tak= and approvals granted dewing the, past year while the permit was expired and creates the impression that it will be futile to make the effort to attend the meeting since all decisions have been made. This also brings to question the cost to the taxpayerto conduct such a meeting. Thank you for your assistance is routing Ilia attached statenieait to the proper authority. L, Reab Berry, 3205 HtmiuyDrive; Augusla, CrA 30909 W. i4i. Bony, Jr,; 10 Evergrecm .Drive; Newnan, GA 30263 Richard C. Conant; 178 Queen Street; Cltarteston, SC 29401 Ben McKennay,, 1126 Shorewood Drive; Orlando, FL 32'3506 Clyde Mchenney; 3501,fixintain Creek Chruch Rd,; Grecnvitte, SC 2:96S7 Sue B. McMurray, P. 0. Box 3773,0; Raleigh, NC 2762.1 Allan Parts; 111 I3ombre Circle; Panama City, FL 32407 Lee Parks; 45 College Street; Nemnan, GA 30263 Sally Snvth; 927 Heritage Hills;_ Decatur,' CA 30033 34 INFoRemA'I of RE;LATNE TO THE RMSUANCE OFNPDBS PERMIT NO. NCO076082 FOR CONSIDERATION 1N THE PtJBLIC h1' EARING SCHEDULED BY THE DEPARTMENT OF WATER QlfrWT-Y ON JANUARY 18, 20O L This infunnatim is submitted by the following individuals who own property at the end of Whitehead Road and aye; ir�i ic&ately affected by the discharge: Rom this permit-. 'Reab RerM 3205 Huxley Drive; Augusta, GA 30909 W. M. Berry, Jr_, 10 Evergreen Drive; Newnan, GA 30263 Richard. C. Conant; 178 Quecn Street; Charlesion, 5C 29401 Ben McKcaric} 11?6 Shorewood Drive; Orlando, FL 323806 Clyde h+lckerincy; 350 Mountain Crt;ek Chruch Rd.; Greenville, SC 296t17 Sue B. McMurray; P. O. Box 37780; Rateigh, NC 27621 Allan Parks; 111 Hombre Circle; Panama. Cite, FL 32407 Lee Parks; 45 College Street; Ne vrtmi; GA 30263 Sally Smith; 927 Heritage Bills; Decatur, GA 30033 pue to than travel distance and previous comnutt=nts, some of the above will be; unable to personally attend the public hearing. This should not dirititnish'the importance which they place on this infor atiom At a public meetings held on July 14, 1994, a staternennt was presented in our behalf. In this statement, numerous problems with the permit wm outlined. These were not uocducatcd and speculatile probicras which were devised in an attempt to stop Vie issuance of the permit. These were problems pointed out by trained operators and imtractors associated with waste water treatment plants, when given a dmf ption of the circumstances surrounding this permit. ' !h rwoinrn& d�*ngec-tn a ii�vere� pre doaninateI saf ads to protect those do%iistr=rt using the creek for romati4 ' purposes. ` It was ire - d ate�y re ogniz t6rat a proximity of the discharge point to the rc ticnsa�ea presented an unacri-pEable hazard. This same conclusion has been depressed by staff members of the North Carolina Department of Water Quality and the; Southerta Region Office of the Environmental Prote a tiou Ageatcy. The recommendatiudDLI-vleansmn nd or la,s '.11,S plicatian as a sue. neda the cvcnt of p nt malfunctiewri aiad ir.4;1'C tjtose using the creek downs__e-Utease o con inn S into t went. Those reviewing; the periaiit a sso expressed zoncern that the frequency or testing required would be insufficient to guaranteead quote protection levels fe>r the public at Large. The pa rmit ivas reissued effective January 1, 1995, with an expiration date of December 31, 1999. Whi!e, the cover letter states that rnaid"aficatiom were nuide: in regpainse: to the public hearing held on July 14, 1994, no explanation Was given for failing to follow the recommendations presented to provide for a hi&r level of safety. A copy of the statement is attached to this submission for refemne e . Theis permit expired an December 31,1999, but the plant has, reina ned in operation contrary to the terms of the pcnniit as contained in Section B. General Condilians, paragraph 111. Over a. year after the date of txpiratioin tbeNC Department of Waiter Quality has scheduled a public hearing to mriciv the prernait The reason given for this extensive delay is a. lack of personnel to handle the processing of the renewal. Qn September 29, 2000, The Environmental Protection Agency Office of Inspector General issued an Audit Report of North Carolina NPD E$ Enforcement and EPA Region d OvePsight. According to this audit theNG Diw,ision of Water Quality has: * 17ailed,to review and report violations from daily or weekly discharge moaeitoring reports. Failed to take, into account records of repeat polluters. # Been slow and inconsistent in its enforcement when non-compharice is discovcrexf. s Failed to assess fines Heat will re[5e]v8 tl2c econarnic bone fits esf non eomptiance. 35 s Allowed permit holders to use methods of chemical water quality analysis which are not sensitive; - ---enough to delect Violations. io Granted permits, that do not meet EPA standards. Clearly, the Division of Water Duality is using its limited personael resources to keep permits active without regard to their effectivcne`ss. IfNPDES Perna t No. NCO076082 is reissued, the, admitted steortnge in the Asheville Office, will prohibit proper monitoring, placing those using Clear Cr0ek for recreational purposes at & ►t risk. Since tho audit discloses that the mandates of the DENR and Division of Water (duality are not being followed, we, believe it would be criminal to reissue this hermit and request that any further discharge allowed by this permit be denied. 36 STATE89NT OF WILL:IAii M. HERRY., JR., BEFORE THE SATE Orr' NORTH CAROLINA DEPARTMENT OF ENVIRc NNTENT, HEALTH AuD NATURAL RESOURCES' DEVCSION OF EVVIRONMENTAL„ MANAGEMENT, AT TFE PUBLIC KEE'TING HELM ON JULY 14, 19940. CONCERNIUG HPOE'S PERMIT NO. 11C0076082 FOR THE DEAF4ihLLO'W MoarLE HOME PARX YN HENDERSON COUNTY My name is Hill Gerry and although I reside in Georgia, I have property at the end of Whitehead Road in Henderson County with a rmalling address: of !route 2, Box 382., Hendersonville, tic 28792. This property was purchased by my Grandfather on ,August. 27, 1925, and there are currently six vacation homes In this area owned by any family and other famllies; Currently, plans are being developed to expand two of the existing cabins and add three more. This section of Clear Creek, with Its close proximity to the headwaters, is the primary reason this PZOPsrty was purchased and it plaits a key role in the recreational activity of all those who enjoy their summers at these cabins. The approval of this permit would preclude the use of this asset by causing harmful degradation to the quality of the water In this creek. In my correspondence with State offices I :have been told that the effluent limits established by the Department of Environment,, Health and Hatural Resources are designed to protect the stream and its downstream usage. After I lnEormed DERNR of the recreational use approximately 100 feet and 700 feet downstream of the wastewater entry point Into Clear Creek and my request fot a change In classification to Class 8, I was told that the fecal coliform limit would be modified to 200 col'onies/160 ml. The draft permit reflects this limit asa monthly average with a daily maximum, of 400 colonl.aslloo 1. However, DEHNR staff have also recognized that they are dependent upon monitoring by a certifled operator and by routine inspections by Division staff to maintain compliance with the effluent limitations. They also understand that ". . despite all safeguards this doesnot guarantee that failures will not occur." So —In lavestments, among others, was fined for d,ischarg nq too much residue (oxygen demanding materials) and fecal coliform into Mud Greek and exceeding the chlorine limits From the Huddle House wastewater system in Naples, KC. The residue can cloud the wafter, choking animal and plant liEe. In the subject permit, the monitoring for Fecal Coliform, Biochemical oxygen Demand and Total Suspended solids are required only once each week.. Mathematically, using 52 samples a year, there is only a 53% priobabili.ty that they will re€Lect the condition. of the total output, with a 5� margin for error. It will. take 271 samples a year to raise that probability to 90%. in the opLnlon of many, including the General Accounting Office In Its study of NFDES facilities, it is inconsistent that such infrequent testing is sufficient to assure the degree of accuracy which would, guarantee the protection Levels fear the public at large which it proposers. My request for other safeguards, such as the requirement fox a more nodern steel plant to provide inczeased mechanical 37 rellabillty and a cleansing pond to trap theslugs of sludge, carrying sludge worms, bacteria and parasites, Eiowinq with the effluent during equipment malfunctions, have not been included as part of the perwi t. In a report by the Clean water Fund of North Carolina, which also opposes this permit, slugs from, the larger Hickory plant contained a single day Fecal coliform count of 880,000 colonles /100m1. The thirteen plants discharging waste water into the South Fork Catawba River have numerous other violations of their iIPDEs permit documented in this report. i have also pointed out that land use application, strongly recommended by the Environmental Protection Agency, would serve In lieu of the mechanical system proposed and iprovide the needed protection for Clear Creek and those who use it for recreation, but this has also been rejected. Since first learning of the proposed discharge into clear Creek, I have been monitoring the fecal coliform content where recreational activities take place. After five samples over an 18 month period, the average is 96 colonies/100ml, which is about half the monthly average which will be authorized for this plant. In addition to the increazed fecal coliform content, the added nutrients will cause algae bloom, clouding the water and creating a gelatinous growth on the rocks and banks of the creek. However, our greatest concern is the inability to predict failures, human and mechanical, which will cause undesirable elements In the effluent. With the current threat of AIDS, rapidly spreading antibiotic resistant bacteria, and other new diseases, prudence will dictate that recreational activity be restricted in Clear Creek in such close proximity to the discharge point where concentrations are likely since mixing with creek water will be minimal. En the public notice of intent, it Is recognized that this authorization is marginal since the available load capacity of the receiving stream will be consumed by some discharge parameters. Those familiar with the stream contend that it has Insufficient flow, particularly when water Is removed upstream for apple spraying, irxiga.tion and during dry weather. Downstream, gardens are irrigated from Clear Creek. During malfunctions, bacteria and parasites could cause giardiasis, typhoid, salmonella, travellers diarrhea and other diseases resulting from the consumption of uncooked or unpeeled vegetables and fruits grown there. I intend to continue monitoring the water of Clear Creek. if there is any evidence of further degradation of conditions there will be no hesitancy in initiating action using the: provisions of Section 505 of the Clean Water Act. This permit does not satisfy a critical public need since there is no evident demand for a mobile home park in this rural and agricultural valley. Other uses for the land are available and offers to purchase the property have been declined. The adverse impact of high density housing on the environment can be greatly ,seduced by requiring that this tyke of developn►ent be located where the infrastructure is already in place, providing streets, traffic control, sewerage treatment, water systeans and other amenities associated with an established community. 38 Western North Carolina has long benefitted from the suITLIer visitors who reside in other States: I have expressed my concern that. the State procedure for notifying affected parties of NPDES Permits complies with the letter of the law but not the intent since many do not subscribe to the appropriate newspaper except during the summer months. No action relative to this permit had been taken by the appl-icant on the date the adverti-sement for renewal appeared bn the newspaper. Now there is an opportunity fox opponents to be heard and dellberations concerning renewal should be the same as that fox the original issuance. Thank you for your time and.attentiono 37 Clean Water Fungi of North Carolina January 19, 2001 "aar"m"e"" AIs. Christie Jackson Nr.rr.H .•FynmNC Di,-rision of Water Quality NPDES Unit r,WF&"` 1617 `flail Service Center naar. FAboh Raleigh, North Carolina 27699-1617 claloft n"a-0e t Dcar Ads. Jackson: chaperH,rt rbn eh.a" i 1 am writing to comment on N PDES pennit number NC0076052, granted de Rakigh facto on May 1, 2000 to the owners of Beanvallow Malley Nlobile Home Park' P" Goy and the process by which this penit was rcncwed. chaekNu .Nu.w nmx The tributary of Clear Creek which receives the discharge from this wastewater Charlam treatment plant is a stream which has well established existing uses which Rkkasaaa include primary contact recreation. Therefore, though it is rated by the state as a ALIT" rlg class C trout stream, it is Cull), eligible for reclassification as a class B stream Erebn Nkk,,b with protected uses including swrinuniag. Additional protections were requested b F7arhoci by users of this stream at the time of the granting of the initial permit in 1994, but Jena namaxur DWQ officials have made it clear that a W WTP outfall only 100 feet above a waft eh! swimming area could still constitute a threat to safe swimming, during plant �LelUnwemphat failures. That being; acknowledged, we find the permitted discharge is i4OT YeM&r &nVIk protective of the highest existing uses on this stream and therefore constitutes tuns*= wtiraa sufficient reason to deny the permit. Ayockmile It should not require doetunented damage to aquatic life in a stream for a s''XY discharge to be halted or prevented. Nor should it require downstream users or nonT.ywr neighbors of a stream to take legal action or to get major media attention to Ex caxiw Nudof protect all of the uses of a stream. Recently, in Winston-Salem, the Scquoyia "package" WWTP, which had repeatedly failed, releasing sludge into the D" F. Herbert receiving stream, was told that it would have to stop its discharge and connect to nAenlre sewage collection lines. To accomplish this required a major story in. the J" Brnwlniten Winston-Salem Journal about the impacts of this facility on residents acid a iP}lnrregron forceful editorial by that paper about the plethora of unregulated and poorly "dsJoyner operated package plants, coupled with legal action by streamside residents. Bra Carpenter We are very concerned that DWQ is willing to grant this permit despite their i4'iAilors .Sm(em acknowledgement of the inherent failure rate of such facilities and the risks involved. The permit for this facility, as others of its type, requires weekly self - monitoring by the facility of a limited number of parameters. While there are 29%:Piy�rAte. Ashevme.NC 28801 9FA2�1-0S1B 1-1�(M1921 1J$U Fa:82�2_'1S?iSl A% 40 daily limits given, THI:RE1S NOT SUF ICILI'T MON1 1TORING FREQUENCY TO ASSURE THAT TUR DAILY LIMITS ARF, IN FACT, MET. Furthcr, as commented by the Office of Inspector General iof EPA in its Sept.. 2000 audit of the Division, regional regulators have typically not even looked at weekly data or assessed penalties based on wLckly reports, and there are no weekly litnits given in the permit, a veritable set up .for failure to protectivoly regulate. The fact that the operation been before public comment had been accepted and a permit granted only deepens our sense of the Division protecting its "clients' at the expense of the. public. We call on the Division to deny this permit until a further level of protection can be oticred for Clear Creek water quality as well as downstream users of this faoility, such as additional secondary holding capacity and/or land application rvclI removed from possible runoff to surface water. Your, truly, Hop Taylor Exec itive Director. 41