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NC0063797_Regional Office Historical File Pre 2018 (2)
Michael F. Easley, Govemor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources October 2, 2008 CERTIFIED MAIL 7003 0500 0002 6819 3798 RETURN RECEIPT REQUESTED Dr. Ramesh Gihwala Higalaw Enterprises, LLC 825 Majestic Ct.; Suite A Gastonia, NC 28054 Coleen H. Sullins, Director Division of Water Quality OCT SUBJECT: Notice of Intent to Revoke NPDES Permit Higalaw Enterprises, LLC — Whispering Pines Rest Home NPDES Permit Number NC0063797 t,� P �` c � Cleveland County ®��-Surface ��I�� ������ ��� Dear Dr. Gihwala: On May 21, 2008, the Division of Water Quality sent you a letter (received by your office on May 22, 2008; copy attached) expressing its intent to revoke the subject permit because of your chronic failure to abide by its terms. On July 3, 2008, you called me and told me you had just become personally aware of the letter. You further told me you wanted to renew the permit and that you would very quickly satisfy the conditions spelled out in the letter, including submittal of a permit renewal package. As of the date of this letter, DMRs are still not being submitted (and/or no action has been requested to suspend the requirement to submit reports) and a permit renewal package has not been submitted. In the meantime, you have become overdue on the annual fee associated with the permit (invoice mailed in April 2008). The NPDES permit expired on August 31, 2008. If you satisfy all the terms spelled out in the May 21, 2008 letter and become current on annual fee payments by October 21, 2008, the Division will process renewal of the permit. If these conditions are not met by that date, the Division will send you confirmation that NPDES permit coverage for treatment and disposal of wastewater from the facility has ended. Your prompt attention to this matter is appreciated. If you have any questions about this letter or discharge monitoring reports, please contact me at (919) 807-6398 or via e-mail at bob. sledge @ncmail.net. Sincerely, B b Sledge, Environmental Specialist NPDES Western Unit cc: NPDES Permit File oo rll�e'iRe�QTocrla?l fice � Central Files NorthCarolina Natura!!y North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone (919) 807-6300 Internet: www.ncwaterquality.org Location: 512 N. Salisbury St. Raleigh, NC 27604 Fax (919) 807-6492 An Equal Opportunity/Affirmative Action Employer— 50% Recycled110% Post Consumer Paper Customer Service 1-877-623-6748 O�O� W AT �9pG r J � O < May 21; 2008 CERTIFIED MAIL 7003 1680 0000 0647 1524 RETURN RECEIPT REQUESTED Dr. Ramesh Gihwala Higalaw Enterprises, LLC 825 Majestic Ct.; Suite A Gastonia, NC 28054 Michael F. Easley, Govemor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources SUBJECT: Notice of Intent to Revoke NPDES Permit Higalaw Enterprises, LLC — Whispering Pines Rest Home NPDES Permit Number NCO063797 Cleveland County Dear Dr. Gihwala: Coleen H. Sullins, Director Division of Water Quality This is to inform you that the Division of Water Quality intends to revoke the NPDES permit issued to you for operation of a wastewater treatment facility and discharge of treated wastewater into waters of the state. The treatment facility serves the Whispering Pines Rest Home, located east of the Town of Boiling Springs. :The facility discharges into Sugar Branch, class C waters of the state in the Broad River basin. This action is being taken because of your failure to abide by the terms of your NPDES permit. All NPDES permittees are required to submit reports (usually on a monthly basis) that document the volume and characteristics of the discharge. No reports have been received by the Division for the Whispering Pines Rest Home since the May 2007 discharge monitoring report (DMR) was submitted. On August 28, 2007, you were sent a letter informing you of this circumstance. The letter acknowledged the facility was not actively discharging and provided you with options as to how you might easily deal with the situation. Having received no response to the August 28 letter, the Division sent you a Notice of Violation (NOV) regarding this situation on October 5, 2007. While the NOV was returned to our office, both it and the August 28 letter were resent to you via certified mail on November 16, 2007 and received in your office on November 20, 2007. To date, the Division has not received any response from you regarding this matter. Additionally, it is a requirement that permittees apply for renewal of NPDES permits no at least 180 days prior to expiration of the permit. To date, the division has not received a renewal package for the subject permit. On March 27, 2008, the Division sent you a Notice of Violation regarding your failure to apply for permit renewal. The NOV was returned to the Division as unclaimed. NoonAhCarolina NaiUM4 North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone (919) 733-7015 Customer Service Internet: www.ncwatcrquality.org Location: 512 N. Salisbury St. Raleigh, NC 27604 Fax (919) 733-2496 1-877-623-6748 An Equal OpportuniWAffirmative Action Employer — 50% Recycledl10% Post Consumer Paper Dr. Ramesh Gihwala Notice of Intent to Revoke May 21, 2008 p. 2 11 As a result of the described violations of permit requirements and your failure to promptly address these matters, the Division can only conclude that you are unable or unwilling to act as a responsible NPDES permit holder. Such responsibility is not just to the Division of Water Quality, but also to the citizens of the state of North Carolina and to the water resources of the state the Division is charged to protect. For this reason, in the absence of any mitigating action taken by you, the Division intends to revoke NPDES permit NCO063797 effective July 1, 2008. To prevent further action, you must submit all delinquent DMRs along with a statement explaining why the failures to report have occurred, and what you would do to remain in compliance with permit requirements in the future. Additionally, you must immediately submit a permit renewal application. The application should include detailed statements describing the current operational status of the rest home, plans for its operation in the future, and the operational condition of the wastewater treatment facility. These documents should be sent to the following address: Attention: Bob Sledge Point Source Branch Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Failure to submit all of these materials by June 20, 2008 will result in the Division moving forward with the above described revocation action. Please be aware that without means for adequate wastewater treatment and a valid permit for the treatment and discharge of wastewater, you will not be allowed to operate the rest home, nor will you be able to sell the property. The Cleveland County Health Department has been copied on this correspondence in order to make it aware of this situation. Your prompt attention to this matter is appreciated. If you have any questions about this letter or discharge monitoring reports, please contact Bob Sledge at (919) 733-5083, extension 547. Sincerely, /,. Susan A. Wilson, Supervisor NPDES Western Unit cc: NPDES Permit File Mooresville Regional Office Central Files Cleveland County Health Department -. CERT erviceTm Ln 1170mestic Mail Only, No insurance Coverage PrOvided), ru OFFICIAL E3 Postage $ 0 Certiffed Fee E3 ReturnRecle" Fee Postmark O (Endorsement Required) Here E3 Restricted Fee �Required) (Endorsement Requ Required) Total Pos DR RAMESH GIHWALA mO Sent To HIGALAW ENTERPRISES LLC «� o Qt 825 MAJESTIC CT SUITE A -' r _ Sfreef, Api or PO Box GASTONIA NC 28054 . Cry sia�e ■ Complete items 1, 2, and 3. Also complete •'item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the maiipiece, or on the front if space permits. ` 1. Article Addressed to: DR RAMESH GIHWALA HIGALAW ENTERPRISES LLC 825 MAJESTIC CT SUITE A GASTONIA NC 28054 ❑ Agent ❑Addressee R. Received b(y (Pdnte Nai e) C. Date of Delivery D. Is delivery addres's different from item 1? ❑ Yes If YES, enter delivery address below: ❑ No 3. Service Type ❑ Certified Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 14. Restricted Delivery? (8dra Fee) ❑ Yes 2. Article Number 7003 1680 0000 0647 1524 (Transfer from service label) Ps Form 3811, February 2004 Domestic Return Receipt 102e9542-M-1540 0 UNITED STATES POSTAL_ SERVICE :: .:: :i:::::::Cla -^ :: i � .,, • .. .First-ClassMail•••••.• -1 l .� i°t�._. ::%..d; dx.:. Ra :. us PS. . Af G-1.0 t J:...J! T .k • .. V . Sender: Plea I Unad P ►ri"tYiis`t)'oz" •"` ......... B S9L3DqnQg NCDENR DWQ PSB NPDES POINT SOURCE BRANCH liiiilliiiiiliiiiiiiililiiii,iiilliiiiill►ii,lli�iiiiliiiiii OF WA rl 9 Cl) r 0 � Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources October 21, 2008 CERTIFIED MAIL 7003 0500 0002 6819 3804 RETURN RECEIPT REQUESTED Dr. Ramesh Gihwala Higalaw Enterprises, LLC 825 Majestic Ct.; Suite A Gastonia, NC 28054 SUBJECT: Expiration of NPDES Permit Higalaw Enterprises, LLC — Whispering Pines Rest Home NPDES Permit Number NCO063797 Cleveland County Dear Dr. Gihwala: Coleen R. Sullins, Director Division of Water Quality The subject permit expired on August 31, 2008 without an application for its renewal being submitted to the Division of Water Quality. This letter confirms that the permit is deemed inactive and coverage for the facility's treatment and disposal of wastewater under the National Pollutant Discharge Elimination System (NPDES) is null and void. Any future consideration of NPDES permit coverage for this facility will be as that for a new discharge. Operation of a wastewater treatment facility and/or discharge of wastewater to North Carolina's surface waters without a valid NPDES permit will subject a violator to the assessment of penalties of up to $25,000.00 per day. If you have any questions about this letter, please contact me at (919) 807-6398 or via e-mail at bob.sledge@ncmail.net. Sincerely, Bob Sledge, Environmental Specialist NPDES Western Unit cc: NPDES Permit File Mooresville Regional Office Central Files NorthCarolina Naturally North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone (919) 807-6300 Customer Service Internet: www.newaterquality.org Location: 512 N. Salisbury St. Raleigh, NC 27604 Fax (919) 807-6492 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer — 50% Recycled/10% Post Consumer Paper J Q�O� WATF9pG Michael F. Easley Governor r William G. Ross, Jr.,Secretary co North Carolina Department of Environment and Natural Resources p Gregory J. Thorpe, Ph.D., Acting Director Division of Water Quality DIVISION OF WATER QUALITY October 15, 2003 Ms. Sybil Joy Bell Whispering Pines Rest Home` 1056 College Avenue Shelby NC., 28150 Subject: NPDES Permit No. NCO063797 Whispering Pines Rest Home WWTP Cleveland County, NC Dear Ms Bell: Our records indicate that NPDES Permit No. NCO063797 was issued on October 9, 2003 for the discharge of wastewater to the surface waters of the, State from your facility. The purpose of this letter is to advise you of the importance of the Permit and the. liabilities in the event of failure to comply with the terms and conditions of the Permit. If you have not already done so, it is suggested that you thoroughly read the Permit. Of particular importance is Page 4. Page 4 sets forth the effluent limitations and monitoring requirements for your discharge. Your discharge must not exceed any of the limitations set forth. The section headed "Monitoring Requirements" describes the measurement frequencies, sample types and sampling locations. Upon commencement of your discharge (or operation), you must initiate the required monitoring. The monitoring results must be entered on reporting forms furnished or approved by this Agency. If you have not received these forms, they should be arriving shortly. If you fail to receive the forms, please contact this Office as quickly as possible. I have enclosed a sample of the "Effluent" reporting form (DWQ Form MR-J), plus instructions for completing the form. It is imperative that all applicable parts be completed, and the original and one copy be submitted as required. Please be advised that an annual administering and compliance monitoring fee may be required for your facility. You will soon be receiving a statement from our Raleigh Office. It is imperative that the fee be paid in a timely manner so as to prevent enforcement action or possible revocation of your permit. The remaining parts of the Permit set forth definitions, general conditions and special conditions applicable to the operation of wastewater treatment facilities and/or discharge(s). The conditions include special reporting requirements in the event of noncompliance, bypasses, treatment unit/process failures, etc. Also addressed are requirements for a certified wastewater treatment plant operator if you are operating wastewater treatment facilities. Any changes in operation of NCDE Customer Service 1 800 623-7748 Mooresville Regional Office, 919 North Main Street, Mooresville, NC 28115 PHONE (704) 663-1699 FAX (704) 663-6040 Ms. Bell October 15, 2003 Page No. 2 wastewater treatment facilities, quantity and type of wastewater being treated or discharged, expansions and/or upgrading of wastewater treatment facilities must be permitted or approved by this Agency. Failure to comply with the terms and conditions of an NPDES Permit subjects the Permittee to enforcement action pursuant to Section 143-215.6 of the North Carolina General Statutes. A civil penalty of up to $25,000 per violation (and/or criminal penalties) may be assessed for such violations. If you find at any time that you are unable to comply with the terms and conditions of the Permit, you should contact this Office immediately. A Special Order by Consent (SOC) may be necessary while pursuing action to obtain compliance. As a final note, an NPDES Permit is normally issued for a five-year period. Permits are not automatically renewed. Renewal requests must be submitted to this Agency no later than 180 days prior to expiration. Please make note of the expiration date of your Permit. This date is set forth on Page 1 of the Permit. Also note that NPDES Permits are not .automatically transferable. If you, as the Permittee, cease to need this Permit, then you should request that the Division of Water Quality rescind the Permit or request that DWQ reissue the Permit to another party, if necessary. As mentioned previously, the purpose of this letter is to advise you of the importance of your NPDES Permit. Please read the Permit and contact this Office at 704/663-1699 in Mooresville if you have any questions or need clarification. We look forward to providing any assistance. ;ncerely, , D"t,� Rex Gleason, P.E. 'Water Quality Regional Supervisor Enclosure DRG: dee VJA7F G°j �j " Z Michael F. Easley O Governor O P-ryileligin rG. Ross, Jr., Secretary NCDENR North Carolina De artment of nvironmen1%R@1'R9iue,l Resources —f P G 1 6WA t �!!tm'' �� .... ":GS1�: r Ulf G Alan-WI-,k ime�� P E�., Director Di'vi9,ion-ot 1Vater Quality October 9, 2003 Ms. Sybil Joy Bell OCT 1 g 2003 Whispering Pines Rest Home 1056 College Avenue 7�;? zn Shelby, North Carolina 28150 ,� � � r.�H A ^ a;; .5 ,�,.;�_, : , q Subject: Issuance of NPDES Permit NC0063797 Whispering Pines Rest Home WWTP Cleveland County Dear Ms. Bell: Division personnel have reviewed and approved your application for renewal of the subject permit. Accordingly, we are forwarding the attached NPDES discharge permit. This permit is issued pursuant to the requirements of North Carolina General Statute 143-215.1 and the Memorandum of Agreement between North Carolina and the U.S. Environmental Protection Agency dated May 9, 1994 (or as subsequently amended). This final permit includes no major changes from the draft permit sent to you on August 15, 2003. This permit includes a TRC limit that will take effect on May 1, 2005. If you wish to install dechlorination equipment, the Division has promulgated a simplified approval process for such projects. Guidance for approval of dechlorination projects is attached. If any parts, measurement frequencies or sampling requirements contained in this permit are unacceptable to you, you have the right to an adjudicatory hearing upon written request within thirty (30) days following receipt of this letter. This request must be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings (6714 Mail Service Center, Raleigh, North Carolina 27699-6714). Unless such demand is made, this decision shall be final and binding. Please note that this permit is not transferable except after notice to the Division. The Division may require modification or revocation and reissuance of the permit. This permit does not affect the legal requirements to obtain other permits which may be required by the Division of Water Quality or permits required by the Division of Land Resources, the Coastal Area Management Act or any other Federal or Local governmental permit that may be required. If you have any questions concerning this permit, please contact Charles Weaver at telephone number (919) 733-5083, extension 511. Sincerely, ORIGINAL SIGNED By Tom Belnick Alan W. Klimek, P.E. cc: Central -Files N166r-esville Regional UfF-i- ater-.Qualit.N Section NPD ES -o'n-i t` � N. C. Division of Water Quality / NPDES Unit Phone: (919) 733-5083 1617 Mail Service Center, Raleigh, NC 27699-1617 fax: (919) 733-0719 Internet: h2o.enr.state. nc.us DENR Customer Service Center: 1 800 623-7748 Permit NCO063797 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY PF.R NTTT 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, Sybil Joy Bell is hereby authorized to discharge wastewater from a facility located at the Whispering Pines Rest Home WWTP 1056 College Avenue East of Boiling Springs Cleveland County to receiving waters designated as Sugar Branch in the 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 November 1, 2003. This permit and authorization to discharge shall expire at midnight on August 31, 2008. Signed this day October 9, 2003. ORIGINAL SIGNED BY Tom Belnick Alan W. Klimek, P.E., Director Division of Water Quality By tluthorit`, of the Environmental !Management Commission Permit NCO063797 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. Sybil Joy Bell is hereby authorized to: 1. Continue to operate an existing 0.0025 MGD wastewater treatment system with the following components: ♦ 3,500-gallon septic & dosing tank ♦ Surface sand filter ♦ Chlorine disinfection The system is located at the Whispering Pines Rest Home WWTP, east of Boiling Springs off College Avenue (NC Highway 150) in Cleveland County. 2. Discharge from said treatment works at the locations specified on the attached map into Sugar Branch, a class C stream in the Broad River Basin. Y Permit NC0063797 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 -MONITORING REQUIREMENTS. Monthly , _ Average Daily Maximum , Measuremen#>: :: Frequency ; _ _ Sample Type .` Sample Location Flow 0.0025 MGD Weekly Instantaneous Influent or Effluent BOD, 5-day (20°C) 30.0 mg/L 45.0 mg/L 2/Month Grab Effluent Total Suspended Solids 30.0 mg/L 45.0 mg/L 2/Month Grab Effluent NH3as N Monthly Grab Effluent Fecal Coliform (geometric mean) 200/100 ml 400/100 ml 2/Month Grab Effluent Total Residual Chlorines 28 Ng/L 2/Week Grab Effluent Temperature Weekly Grab Effluent pH2 2/Month Grab Effluent Footnotes: 1. Limit takes effect May 1, 2005. Until the limit takes effect, the permittee shall monitor TRC (with no effluent limit). 2. The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units. There shall be no discharge of floating solids or visible foam in other than trace amounts. SHELBY 4.9 MI. 37'3 " BOILING SPRINGS 2:5 MI. 4450DOmE.I 1 820000 FEET (S. C.) '46 35'447 i � e°° • 1 `� .ii goo • / .' 1 \�� nurse Wh1s,rm Plnes Rest Home 31142 5 `o o Dls�ha ° P�)nt Qo1°� CD �• m -- --- o 12 \ 82.1 / \ Leo i 1148 j• ,99 I Q 'sue O Q KI ET 127 atl ' Q d q ,13- -97 i ✓/ iii \ Latitude: 35°14'52" Longitude: 81'37'20" Quad # G12NE Receiving Stream: Sugar Branch Stream Class: C Subbasin: 30804 N00063797 Whispering Pines Rest Home Facility�� Location North SCALE 1:214000 NPDES Permit Requirements Page I of 16 . PART II STANDARD CONDITIONS FOR NPDES PERMITS Section A. Definitions 2/Month Samples are collected twice per month with at least ten calendar days between sampling events. 3/Week Samples are collected three times per week on three separate calendar days. Act or "the Act" The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 USC 1251, et. seq. Annual Average The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar year. In the case of fecal coliform, the geometric mean of such discharges. Arithmetic Mean The summation of the individual values divided by the number of individual values. B ass The known diversion of waste streams from any portion of a treatment facility including the collection system, which is not a designed or established or operating mode for the facility. Calendar Day The period from midnight of one day until midnight of the next day. However, for purposes of this permit, any consecutive 24-hour period that reasonably represents the calendar day may be used for sampling. Calendar Quarter One of the following distinct periods: January through March, April through June, July through September, and October through December. Composite Sample A sample collected over a 24-hour period by continuous sampling or combining grab samples of at least 100 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 612012003 NPDES Permit Requirements Page 2, of M 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. 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). DWO or "the Division" The Division of Water Quality, Department of Environment and Natural Resources. EMC The North Carolina Environmental Management Commission. Facility Closure The cessation of wastewater treatment at a permitted facility, or the cessation of all activities that require coverage under the NPDES. Completion of facility closure will allow this permit to be rescinded. Geometric Mean The Nth root of the product of the individual values where N = the number of individual values. For purposes of calculating the geometric mean, values of "0" (or "< [detection level]") shall be considered = 1. Grab Sample Individual samples of at least 100 nil 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 612012003 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 limitl The average of all samples taken over a calendar quarter. Severe Property damage Substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage excludes economic loss caused by delays in production. Toxic Pollutant: Any pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act. U set An incident beyond the reasonable control of the Permittee'causing unintentional and temporary noncompliance with permit effluent limitations and/or monitoring requirements. An upset does not include noncompliance caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation. Weekly Average (concentration limitl The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar week. In the case of fecal coliform, the geometric mean of such discharges. Section B. General Conditions 1. Duty to Comply The Permittee must comply with all conditions of this permit. Any permit noncompliance constitutes a violation of the 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 612012003 NPDES Permit Requirements Page 4, of 16 d. Any person who knozvin� 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)(13)(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 $10,000 per violation, with the maximum amount of any Class I penalty assessed not to exceed $25,000. Penalties for Class II violations are not to exceed $10,000 per day for each day during which the violation continues, with the maximum amount of any Class II penalty not to exceed $125,000. [40 CFR 122.41 (a) (3)] 2. Duty to Mitigate The Permittee. shall take all reasonable steps to minimize or prevent any discharge or sludge use or disposal in violation of this permit which has a reasonable likelihood of adversely affecting human health or the environment [40 CFR 122.41 (d)]. 3. Civil and Criminal Liability Except as provided in permit conditions on "Bypassing" (Part II. C. 4), "Upsets" (Part II. C. 5) and "Power Failures" (Part II. C. 7), nothing in this permit shall be construed to relieve the Permittee from any responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3, 143-215.6 or Section 309 of the Federal Act, 33 USC 1319. Furthermore, the Permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. . 4. Oil and Hazardous Substance Liability Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the Permittee from any responsibilities, liabilities, or penalties to which the Permittee is or may be subject to under NCGS 143- 215.75 et seq. or Section 311 of the Federal Act, 33 USG 1321. Furthermore, the Permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 5. Property Rights The issuance of this permit does not convey any property rights in either real or personal property, or any exclusive privileges, nor does it authorize any injury to private property or any invasion. of personal rights, nor any infringement of Federal, State or local laws or regulations [40 CFR 122.41 (g)]. 6. Onshore or Offshore Construction This permit does not authorize or approve the construction of any onshore or offshore physical structures or facilities or the undertaking of any work in any navigable waters. Version 612012003 NPDES Permit Requirements Page 5 of 16 7. Severabi i The provisions of this permit are severable: 'Jf 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 Penmittee 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) Fora 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 612012003 NPDES Permit Requirements ' Page G of M ' 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 sigried 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]: '7 certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations." 12. Permit Actions This permit may be modified, revoked and reissued, or terminated for cause. The filing of a request by the Permittee for a permit modification, revocation and reissuance, or termination, or a notification of planned changes or anticipated noncompliance does not stay any permit condition [40 CFR 122.41 (% 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 211.0100; and North Carolina General Statute 143-215.1 et. al. 14. Annual Administering and Compliance Monitoring Fee Requirements The Permittee must pay the annual administering and compliance monitoring fee within thirty days after being billed by the Division. Failure to pay the fee in a timely manner in accordance with 15A NCAC 2H.0105 (b) (4) may cause this Division to initiate action to revoke the permit. Section C. Operation and Maintenance of Pollution Controls 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.02011. 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 612012003 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 Permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) whichare 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. lip —sets a. Effect of an upset [40 CFR 122.41 (n) (2)1: An upset constitutes an affirmative defense to an action brought for noncompliance with such technology based permit effluent limitations if the requirements of paragraph b. of this condition are met. No determination made during administrative review of claims that Version 612012003 NPDES Permit Requirements Page 8of16 noncompliance was caused by upset, and before an action for noncompliance, is final administrative action subject to judicial review. b. Conditions necessary for a demonstration of upset: A Permittee who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that: (1) An upset occurred and that the Permittee can identify the cause(s) of the upset; (2) The Permittee facility was at the time being properly operated; and (3) The Permittee submitted notice of the upset as required in Part II. E. 6. (b) (B) of this permit. (4) The Permittee complied with any remedial measures required under Part II. B. 2. of this permit. d. Burden of proof [40 CFR 122.41 (n) (4)]: The Permittee seeking to establish the occurrence of an upset has the burden of proof in any enforcement proceeding. 6. Removed Substances Solids, sludges, filter backwash, or other pollutants removed in the course of treatment or control of wastewaters shall be utilized/disposed of in accordance with NCGS 143-215.1 and in a manner such as to prevent any pollutant from such materials from entering waters of the State or navigable waters of the United States. The Permittee shall comply with all existing Federal regulations governing the disposal of sewage sludge. Upon promulgation of 40 CFR Part 503, any permit issued by the Permit Issuing Authority for the utilization/disposal of sludge may be reopened and modified, or revoked and reissued, to incorporate applicable requirements at 40 CFR 503. The Permittee shall comply with applicable 40 CFR 503 Standards for the Use and Disposal of Sewage Sludge (when promulgated) within the time provided in the regulation, even if the permit is not modified to incorporate the requirement. The Permittee shall notify, the Permit Issuing Authority of any significant change in its sludge use or disposal practices. 7. Power Failures The Permittee is responsible for maintaining adequate safeguards (as required by 15A NCAC 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 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 Pertnit'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 28th day following the completed reporting period. The first DMR is due on the last day of the month following the issuance of the permit or in the case of a new facility, on the last day of the month following the commencement of discharge. Duplicate signed copies of these, and all other reports required herein, shall be submitted to the following address: NC DENR / Division of Water Quality / Water Quality Section ATTENTION: Central Files 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Version 612012003 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 discharge's. The devices shall be installed, calibrated and maintained to ensure that the accuracy of the measurements is consistent with the accepted capability of that type of device. Devices selected shall be capable of measuring flows with a maximum deviation of less than 10% from the true discharge rates throughout the range of expected discharge volumes. Flow measurement devices shall be accurately calibrated at a minimum of once per year and maintained to ensure that the accuracy of the measurements is consistent with the accepted capability of that type of device. The Director shall approve the flow measurement device and monitoring location prior to installation. Once -through condenser cooling water flow monitored by pump logs, or pump hour meters as specified in Part I of this permit and based on the manufacturer's pump curves shall not be subject to this requirement. 4. Test Procedures Test procedures for the analysis of pollutants shall conform to the EMC regulations (published pursuant to NCGS 143-215.63 et. seq.), the Water and Air Quality Reporting Acts, and to regulations published pursuant to Section 304(g), 33 USC 1314, of the Federal Water Pollution Control Act (as Amended), and 40 CFR 136; or in the case of sludge use or disposal, approved under 40 CFR 136, unless otherwise specified in 40 CFR 503, unless other test procedures have been specified in this permit [40 CFR 122.41]. To meet the intent of the monitoring required by this permit, all test procedures must produce minimum detection and reporting levels that are below the permit discharge requirements and all data generated must be reported down to the minimum detection or lower reporting level of the procedure. If no approved methods are determined capable of achieving minimum detection and reporting levels below permit discharge requirements, then the most sensitive (method with the lowest possible detection and reporting level) approved method must be used. 5. Penalties for Tampering The Clean Water Act provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any monitoring device or method required to be maintained under this permit shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. If a conviction of a person is for a violation committed after a first conviction of such person under this paragraph, .punishment is a fine of not more than $20,000 per day of violation, or by imprisonment of not more than 4 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 612012003 NPDES Permit Requirements Page 10 pf 16 e. The analytical techniques or methods used; and f. The results of such analyses. 8. Inspection and Entry The Permittee shall allow the Director, or an authorized representative (including an authorized contractor acting as a representative of the Director), upon the presentation of credentials and other documents as may be required by law, to; a. Enter upon the Permittee's premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of this permit; b. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this permit; c. Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this permit; and d. Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise authorized by the Clean Water Act, any substances or parameters at any location [40 CFR 122.41 (i)]. Section E Reporting Requirements 1. Change in Discharge All discharges authorized herein shall be consistent with the terms and conditions of this permit. The discharge of any pollutant identified in this permit more frequently than or at a level in excess of that authorized shall constitute a violation of the permit. 2. Planned Changes The Permittee shall give notice to the Director as additions to the permitted facility [40 CFR 122.410)]. soon as possible of any planned. physical alterations or Notice is required only when: a. The alteration or addition to a permitted facility may meet one of the criteria for new sources at 40 CFR 122.29 (b); or b. The alteration or addition could significantly change the nature or increase the quantity of pollutants discharged. This notification applies to pollutants subject neither to effluent limitations in the permit, nor to notification requirements under 40 CFR 122.42 (a) 0). c. The alteration or addition results in a significant change in the Permittee's sludge use or disposal practices, and such alternation, addition or change may justify the application of permit conditions that are different from or absent in the existing permit, including notification of additional use or disposal sites not reported during the permit application process or not reported pursuant to an approved land application plan. 3. Anticipated Noncompliance The Permittee shall give advance notice to the Director of any planned changes to the permitted facility or other activities that might result in noncompliance with the permit [40 CFR 122.41 (1) (2)]. 4. Transfers This permit is not transferable to any person except after notice to the Director. The Director may require modification or revocation and reissuance of the permit to document the change of ownership. Any such action may incorporate other requirements as may be necessary under the Clean Water Act [40 CFR 122.41 (1) (3)]. 5. Monitoring Reports Monitoring results shall be reported at the intervals specified elsewhere in this permit [40 CFR 122.410) (4)]. a. Monitoring results must be reported on a Discharge Monitoring Report (DMR) (See Part II. D. 2) or forms provided by the Director for reporting results of monitoring of sludge use or disposal practices. b. If the 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 612012003 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 H. E. 6. of this permit [40 CFR 122.410) (7)]. 8. Other Information Where the Permittee becomes aware that it failed to submit any relevant facts in a permit application, or submitted incorrect information in a permit application or in any report to the Director, it shall promptly submit such facts or information [40 CFR 122.41 (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 612012003 NPDES Permit Requirements Page 12 of 16 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 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 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"; 0) One hundred micrograms per liter 000 µg/L); (2) Two hundred micrograms per liter (200 µg/L) for acrolein and acrylonitrile; five hundred micrograms per liter (500 µg/L) for 2.4-dinitrophenol and for 2-methyl-4.6-dinitrophenol; and one milligram per liter 0 mg/L) for antimony; (3) Five times the maximum concentration value reported for that pollutant in the permit application. b. That any activity has occurred or will occur which would result in any discharge, on a non -routine or infrequent basis, of a toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels"; (1) Five hundred micrograms per liter (500 µg/L); (2) One milligram per liter 0 mg/L) for antimony; (3) Ten times the maximum concentration value reported for that pollutant in the permit application. Section D. Evaluation of Wastewater Discharge Alternatives The Permittee shall evaluate all wastewater disposal alternatives and pursue the most environmentally sound alternative of the reasonably cost effective alternatives. If the facility is in substantial non-compliance with the terms and conditions of the NPDES permit or governing rules, regulations or laws, the Permittee shall submit a report in such form and detail as required by the Division evaluating these alternatives and a plan of action within 60 days of notification by the Division. Section E. Facility Closure Requirements The Permittee must notify the Division at least 90 days prior to the closure of any wastewater treatment system covered by this permit. The Division may require specific measures during deactivation of the system to prevent Version 612012003 NPDES Permit Requirements Page 13of16 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 Publics Owned Treatment Works (POTWs) All POTWs must provide adequate notice to the Director of the following- 1 Any new introduction of pollutants into the POTW from an indirect discharger which would be subject to section 301 or 306 of CWA if it were directly discharging those pollutants; and 2. Any substantial change in the volume or character of pollutants being introduced by an indirect discharger as influent to that POTW at the time of issuance of the permit. 3. For purposes of this paragraph, adequate notice shall include information on (1) the quality and quantity of effluent introduced into the POTW, and (2) any anticipated impact of the change on the quantity or quality of effluent to be discharged from the POTW. Section B. Municipal Control of Pollutants from Industrial Users. Effluent limitations are listed in Part I of this permit. Other pollutants attributable to inputs from industries using the municipal system may be present in the Perrnittee'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 flashpoirit 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 612012003 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 Survey (IWS) 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 122.42]. The Permittee shall develop, in accordance with 40 CFR 403.5(c) and 15A NCAC 2H .0909, specific Local Limits to implement the prohibitions listed in 40 CFR 403.5(a) and (b) and 15A NCAC 2H .0909. 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 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 612012003 P NPDES Permit Requirements Page 15 of 16 6. Authorization to Construct (A to C) The Permittee shall ensure that an Authorization to Construct permit (AtC) is issued to all applicable industrial users for the construction or modification of any pretreatment facility. Prior to the issuance of an AtC, the proposed pretreatment facility and treatment process must be evaluated for its capacity to comply with all Industrial User Pretreatment Permit (IUP) limitations. 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; SIU Self Monitoring and Reporting The Permittee shall require all industrial users to comply with the applicable monitoring and reporting requirements outlined in the Division approved pretreatment program, the industry's pretreatment permit, or in 15A NCAC 2H .0908. Enforcement Response Plan (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 Summary (PPS). A pretreatment program summary (PPS) on specific forms approved by the Division; c.) Significant Non -Compliance Report (SNCRI 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 Summaa Forms , DSF) Version 612012003 NPDES Permit Requirements , Page 16 of 16 - Monitoring data from samples collected by both the POTW and the Significant Industrial User (SIU). These analytical results must be reported on Industrial Data Summary Forms (IDSF) or other specific format approved by the Division; e.) Other Information Copies of the POTW's allocation table, new or modified enforcement compliance schedules, public notice of SIUs in SNC, and any other information, upon request, which in the opinion of the Director is needed to determine compliance with the pretreatment implementation requirements of this permit; 11. Public Notice The Permittee shall publish annually a list of Significant Industrial Users (SIUs) that were in Significant Non -Compliance (SNC) as defined in the Permittee's Division approved Sewer Use Ordinance with applicable pretreatment requirements and standards during the previous twelve month period. This list shall be published within four months of the applicable twelve-month period. 12. Record Keeping The Permittee shall retain for a minimum of three years records of monitoring activities and results, along with support information including general records, water quality records, and records of industrial impact on the POTW. 13. Funding and Financial Report The Permittee shall maintain adequate funding and staffing levels to accomplish the objectives of its approved pretreatment program. 14. Modification to Pretreatment Programs Modifications to the approved pretreatment program including but not limited to local limits modifications, POTW monitoring of their Significant Industrial Users (SIUs), and Monitoring Plan modifications, shall be considered a permit modification and shall be governed by 15 NCA.0 2H .0114 and 15A NCAC 2H .0907.. Version 612012003 ' �Q�r:�ii'1rQt'Y %Ci�-0"�t/ L-ttr�cS /ull..r b)�Yo i1nw zy� j it i "'a i 1135 5: AYa-, 17 iy cl/nw V�I.stj7Y 7S�i �G' 4 )� 3 �✓ MaYlptr, S'tr��fi�.Idy NG bW V& z IOt so Permit (If the present permit expires in 6 months or less), has the permittee submitted a new application? Is the facility as described in the permit? Are there any special conditions for the permit? Is access to the plant site restricted to the general public? Is the inspector granted access to all areas for inspection. Comment: /V v Act-5 0 `1 fV yP C 34�cj{r5 •e""y Operations & Maintenance Does the plant have general safety structures in place such as rails around or covers over tanks, pits, or wells? Is the plant generally clean, free from open trash areas? Comment: 6-Vh iSNci i{+ { I .S; 11441 //Dw+•4 w NC-oo y'V, i Yes No NA NE Record Keeping Are records kept and maintained as required by the permit? A - rjr.}' -J Is all required information readily available, complete and current? Are all records maintained for 3 years (lab reg requires 5 years)? �A 1ZI C.-cai{ir Yal9 �jCi Are analytical results consistent with data reported on DMRs? L G� S i 47 ! Are sampling and analysis data adequate and include:? 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 COW Plant records are adequate, available, and include? O&M Manual? As built Engineering drawings? ` D id Yes No NA NE No NA NE ❑ ❑ ❑ ❑ ❑ ❑ U&V%.i SyI �� Y W �'7Y�� Hc�y bc�r�r d✓ 1;7 jN e� sb✓or4 � f., a�9 '/ {Is �v{t' ! i c.a-a s:i Tv c6s.�vat I.a- rc�� I oYvti .Z- Np 0Vv .1 f fcic 1 u V Schedules and dates of equipment maintenance and repair? ❑ Are DMRs complete: do they include all permit parameters? ❑ ❑ ❑ ❑ Has the facility submitted its annual compliance report to users? ❑ ❑ ❑ ❑ If the facility is >_ 5 MGD permitted flow, do they operate 24/7 with a certified operator on each shift? El El ❑ Is the ORC visitation log available and current? ❑ ❑ ❑ ❑ Is the ORC certified at grade equal or higher than the facility ` ' �° C' c /� �6 1 ❑ El❑ El classification? Is the backup operator certified at one grade less or greater than the facility classification? El El El ElIs a copy of the current NPDES permit available on site? ❑ ❑ ❑ ❑ Does the facility analyze process control parameters (for example, MLSS, MCRT, Settleable Solids, DO, Sludge Judge, pH, and others that are applicable)? ❑ ❑ ❑ ❑ Facility has copy of previous year's Annual Report on file for review? ❑ ❑ ❑ ❑ Comment: Yes No NA NE Laboratory Are field parameters performed by certified personnel or laboratory? ❑ ❑ ❑ ❑ Are all other parameters (excluding field parameters) performed by ❑ ❑ ❑ ❑ a certified lab? ❑ ❑ ❑ ❑ Is the facility using a contract lab? ❑ ❑ ❑ ❑ Are analytical results consistent with data reported on DMRs? Is proper temperature set for sample storage (kept at 1.0 to 4.4 ❑ ❑ ❑ ❑ degrees Celsius)? Incubator (Fecal Coliform) set to 44.5 degrees Celsius+/- 0.2 degrees? ❑ ❑ ❑ ❑ Incubator (BOD) set to 20.0 degrees Celsius +/- 1.0 degrees? ❑ ❑ ❑ ❑ Comment: rot.a a G I Yes No NA NE Septic Tank If pumps are used, is an audible and visual alarm operational? ❑ ❑ ❑ ❑ Is septic tank pumped on a schedule? ❑ ❑ ❑ ❑ Is the distribution box level and watertight? ❑ ❑ ❑ ❑ Are pumps or syphons operating properly? ❑ ❑ ❑ ❑ Are high and low water alarms operating properly? ❑ ❑ ❑ ❑ Comment: Sand Filters (Low Rate) Yes No NA NE If pumps are used, is an audible and visual alarm present & operational? ❑ ❑ ❑- ❑ Is the distribution box level and watertight? Is sand filter free of ponding? El El Is the sand filter effluent re -circulated at a valid ratio? ❑ ❑ ®` ❑ Is the sand filter surface free of algae or excessive vegetation? ❑ ❑ ❑ ❑ Comment: ?/ ►��> Z' ��� 1Y 1i Yes No NA NE Disinfection Type of system? (Choices: Gas, Liquid, Tablet) El ❑ Are cylinders secured adequately? ❑ ❑ Are cylinders protected from direct daylight? El El ❑ ❑ Is there adequate reserve supply if disinfectant? ❑ ❑ ❑ ❑ Is ventilation equipment operational? ❑ ❑ Is ventilation equipment properly located? ❑ ❑ ❑ ❑ Is SCBA equipment available on site? ❑ ❑ ❑ ❑ Is SCBA equipment operational? ❑ ❑ ❑ ❑ Is staff trained in operating SCBA equipment? ❑ ❑ ❑ ❑ Is staff trained in emergency procedures? El ElEl El Is an evaluation plan in place? ❑ ❑ ❑ ❑ Are tablet chlorinators operational? ❑ ❑ ❑ ❑ Are the tablets the proper size and type? ❑ ❑ ❑ ❑ Number of tubes in use? h Is pump feed system operational? ❑ ❑ ❑ ❑ Is bulk storage tank containment area adequate? ❑ ❑ ❑ ❑ Is the level of chlorine residual acceptable? ❑ ❑ ❑ ❑ Is there adequate detention time? ❑ ❑ ❑ ❑ Is the contact chamber free of growth or sludge buildup? ❑ ❑ ❑ ❑ Comment: Flow Measurement - Effluent Yes No NA NE Is flow meter used for reporting? ❑ ❑ ❑ ❑ Is flow meter calibrated annually? ❑ ❑ ❑ ❑ Is flow meter operating properly? ❑ ❑ ❑ ❑ (If units are separated), does the chart recorder match the flow meter? ❑ ❑ ❑ ❑ Comment: j/1/�`{� i �✓ y'Q-n,; t-. s Effluent Sampling Yes No NA NE 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 1.4 degrees Celsius)? ❑ ❑ El El Is the facility sampling performed as required by the permit (frequency, sampling type representative)? ❑ ❑ ❑ ❑ Comment: Effluent Pipe Yes No NA NE Is right of way to the outfall properly maintained? ❑ ❑ ❑ ❑ Are receiving waters free of solids and floatable wastewater materials? ❑ ❑ ❑ ❑ Are the receiving waters free of solids/debris? ❑ ❑ ❑ ❑ l � �, k V, & 0� ;� � O'r�- � �' `s, Are the receiving waters free of foam other than a trace? Are the receiving waters free of sludge worms? If effluent diffuser pipes are required, are they operating properly? Comment: r0 IN IN to C 1/ —�- � �► •�' � �. � � a -� .-� �; �-E._ � sus a / -D( O I w % State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Wayne McDevitt, Secretary A. Preston Howard, Jr., P.E., Director Mr. Leonard Yelton Whispering Pines Rest Home 1056 College Ave Shelby, North Carolina 28150 Dear Mr. Yelton: November 23, 1998 A! NC. ENR NORTH CAR�CjJ.I L7 P P MENTgOF ENVIRONM'VIapy�r� jpJ1.fCES ffz � f?!& Subject: Final NPDES Permit Permit No. NCO063797 Whispering Pines Rest Home Cleveland County In accordance with the application for a discharge permit received on June 24, 1998, the Division is forwarding herewith the subject NPDES permit. This permit is issued pursuant to the requirements of North Carolina General Statute 143-215.1 and the Memorandum of Agreement between North Carolina and the U.S. Environmental Protection Agency dated December 6, 1983, and as subsequently amended. Please note the following changes from the previous permit (as indicated in the draft) have been finalized: Effluent pH monitoring (2/month) has been added. 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, Post Office Drawer 27447, Raleigh, North Carolina 27611-7447. Unless such demand is made, this decision shall be final and binding. Please take note that this permit is not transferable. Part I1, E. 4. addresses the requirements to be followed in case of change in ownership or control of this discharge. This permit does not affect the legal requirements to obtain other permits which may be required by the Division of Land Resources or any other Federal or Local governmental permit that may be required. If you have any questions or comments concerning this permit, please contact Bethany A. Bolt at (919) 733-5083, extension 551. Sincerely, Original Signed By David A. Goodrich A. Preston Howard, Jr., P.E. Enclosure cc: Mvil'_ a Re •tonal a eater uali w 1`Section NPDES Unit Central Files Technical Assistance & Certification Unit Point Source Compliance Enforcement Unit Mr. Roosevelt Childress, EPA 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 Permit No. NCO063797 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND OF WATER QUALITY NATURAL RESOURCES PERMIT TO DISCHARGE WASTEWATER UNDER THE NATIONAL PO LLUTANT,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, Mr. Leonard Yelton - is hereby authorized to discharge wastewater from a facility located at Whispering Pines Rest Home 1056 College Avenue Shelby Cleveland County to receiving waters designated as Sugar Branch in the 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 January 1, 1999. This permit and authorization to discharge shall expire at midnight on August 31, 2003. Signed this day November 23, 1998. Original Signed By ®avid A. Goodrich A. Preston Howard, Jr., P.E., Director Division of Water Quality By Authority of the Environmental Management Commission SUPPLEMENT TO PERMIT COVER SHEET Mr. Leonard Yeltin is hereby authorized to: Permit No. NC0063797 1. Continue to operate an existing 0.0025 MGD wastewater treatment system consisting of one (1) 3500-gal septic/dosing tank, surface sand filter, and tablet chlorinator, located at Whispering Pines Rest Home, 1056 College Avenue, Shelby, Cleveland County (See Part III, A. of this Permit), and 2. Discharge from said treatment works at the location specified on the attached map into Sugar Branch which is classified as C waters in the Broad River Basin. Latitude: 35°14'52" Longitude: 81°37'20" USGS Quad #: G12NE River Basin #: 03-08-04 Receiving Stream: Sugar Branch Stream Class: C Whispering Pines Rest Home Na063797 Cleveland County A (1). EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTSz T Permit No. NC0063797 During the period beginning on the effective date of the permit and lasting until expiration, the Permittee is authorized to discharge from outfall(s) serial number 001. Such discharges shall be limited and monitored by the Permittee as specified below: a.;.. e. Avers Ave ra e ` M atimutm Fre ''"uenc"' �M . a Location" Flow 0.0025 MGD Weekly Instantaneous I or E BOD, 5 day, 200C 30.0 m l 45.0 m l 2/Month Grab E Total Suspended Solids 30.0 m l 45.0 mg/1 2 Month Grab E NH3 as N Monthly Grab E H1 2/Month Grab E Fecal Coliform(geometric mean 200 100 ml 400 100 ml ' 2/Month Grab E Total Residual Chlorine 2/Week Grab E Temperature °C Weekly Grab E Notes: * Sample locations: E - Effluent, I - Influent 1 The pH shall not be less than 6.0 standard units nor -greater than 9.0 standard units. There shall be no discharge of floating solids or visible foam in other than trace amounts. PART I 1. The permittee shall comply with Final Effluent Limitations specified for.discharges in accordance with the following schedule: Permittee shall comply with Final Effluent Limitations by the effective date of the permit unless specified below. 2. Permittee shall at all times provide the operation and maintenance necessary, to operate the existing facilities at optimum efficiency. 3. No later than 14 calendar days following a date identified in the above schedule of compliance, the permittee shall submit either a report of progress or, in the case of specific actions being required by identified dates, a written notice of compliance or noncompliance. In the latter case, the notice shall include the cause of noncompliance, any remedial actions taken, and the probability of meeting the next schedule requirements. Part II Page 1 of 14 PART II STANDARD CONDITIONS FOR NPDES PERMITS SECTION A. DEFINITIONS 1. Permit Issuing Authority The Director of the Division of Water Quality. 2. DEM or "the Division" Means the Division of Water Quality, Department of Environment, Health and Natural Resources. 3. EMC Used herein means the North Carolina Environmental Management Commission. 4. Act or "the Act" The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 USC 1251, et. seq. 5. Mass/Dam, Measurements a. The "monthly average discharge' is defined as the total mass of all daily discharges sampled and/or measured during a calendar month on which daily discharges are sampled and measured, divided by the number of daily discharges sampled and/or measured during such month. It is therefore, an arithmetic mean found by adding the weights of the pollutant found each day of the month and then dividing this sum by the number of days the tests were reported. The limitation is identified as "Monthly Average' in Part I of the permit. b. The "weekly average discharge" is defined as the total mass of all daily discharges sampled and/or measured during the calendar week (Sunday - Saturday) on which daily discharges are sampled and measured, divided by the number of daily discharges sampled and/or measured during such week. It is, therefore, an arithmetic mean found by adding the weights of pollutants found each day of the week and then dividing this sum by the number of days the tests were reported. This limitation is identified as "Weekly Average" in Part I of the permit. c. The "maximum daily discharge' is the total mass (weight) of a pollutant discharged during a calendar day. If only one sample is taken during any calendar day the weight of pollutant calculated from it is the "maximum daily discharge." This limitation is identified as "Daily Maximum," in Part I of the permit. d. The "average annual discharge' is defined as the total mass of all daily discharges sampled and/or measured during the calendar year on which daily discharges are sampled and measured, divided by the number of daily discharges sampled and/or measured during such year. It is, therefore, an arithmetic mean found by adding the weights of pollutants found each day of the year and then dividing this sum by the number of days the tests were reported. This limitation is defined as "Annual Average" in Part I of the permit. Part II Page 2 of 14 6. Concentration Measurement a . The "average monthly concentration," other than for fecal coliform bacteria, is the sum of the concentrations of all daily discharges sampled and/or measured during a calendar month on which daily discharges are sampled and measured, divided by the number of daily discharges sampled and/or measured during such month (arithmetic mean of the daily concentration values). The daily concentration value is equal to the concentration of a composite sample or in the case of grab samples is the arithmetic mean (weighted by flow value) of all the samples collected during that calendar day. The average monthly count for fecal coliform bacteria is the geometric mean of the counts for samples collected during a calendar month. This limitation is identified as "Monthly Average" under "Other Limits" in Part I of the permit. b. The "average weekly concentration," other than for fecal coliform bacteria, is the sum of the concentrations of all daily discharges sampled and/or measured during a calendar week (Sunday/Saturday) on which daily discharges are sampled and measured divided by the number of daily discharges sampled and/or measured during such week (arithmetic mean of the daily concentration values). The daily concentration value is equal to the concentration of a composite sample or in the case of grab samples is the arithmetic mean (weighted by flow value) of all the samples collected during that calendar day. The average weekly count for fecal coliform bacteria is the geometric mean of the counts for samples collected during a calendar week. This limitation is identified as "Weekly Average" under "Other Limits" in Part I of the permit. c. The "maximum daily concentration" is the concentration of a pollutant discharge during a calendar day. If only one sample is taken during any calendar day the concentration of pollutant calculated from it is the "Maximum .Daily Concentration". It is identified as "Daily Maximum" under "Other Limits" in Part I of the permit. d. The "average annual concentration," other than for fecal coliform bacteria, is, the sum of the concentrations of all daily discharges sampled and/or measured during a calendar year on which daily discharges are sampled and measured divided by the number of daily discharges sampled and/or measured during such year (arithmetic mean of the daily concentration values). The daily concentration value is equal to the concentration of a composite sample or in the case of grab samples,is the arithmetic mean (weighted by flow value) of all the samples collected during that calendar day . The average yearly count for fecal coliform bacteria is the geometric mean of the counts for samples collected during a calendar year. This limitation is identified as "Annual Average" under "Other Limits" in Part I of the permit. e. The "daily average concentration" (for dissolved oxygen) is the minimum allowable amount of dissolved oxygen required to be available in the effluent prior to discharge averaged over a calendar day. If only one dissolved oxygen sample is taken over a calendar day, the sample is considered to be the "daily average concentration" for the discharge. It is identified as "daily average" in the text of Part 1. f. The "quarterly average concentration" is the average of all samples taken over a calendar quarter. It is identified as "Quarterly Average Limitation" in the text of Part I of the permit. g. A calendar quarter is defined as one of the following distinct periods: January through March, April through June, July through September, and October through December. . Part Il Page 3 of 14 7. Other Measurements a. Flow, (MGD): The flow limit expressed in this permit is the 24 hours average flow, averaged monthly. It is determined as the arithmetic mean of the total daily flows recorded during the calendar month. b. An "instantaneous flow measurement" is a measure of flow taken at the time of sampling, when both the sample and flow will be representative of the total discharge. c. A "continuous flow measurement is a measure of discharge flow from the facility which occurs continually without interruptionthroughout the operating hours of the facility. Flow shall be monitored continually except for the infrequent times when there may be no flow or for infrequent maintenance activities on the flow device. 8. TyMes of Samples a . Composite Sample: A composite sample shall consist of: (1) a series of grab samples collected at equal time intervals over a 24 hour period of discharge and combined proportional to the rate of flow measured at the time of individual sample collection, or (2) a series of grab samples of equal volume collected over a 24 hour period with the time intervals between samples determined by a preset number of gallons passing the sampling point. Flow measurement between sample intervals shall be determined by use of a flow recorder and totalizer, and the present gallon interval between sample collection fixed at no greater than 1 /24 of the expected total daily flow at the treatment system, or (3) a single, continuous sample collected over a 24 hour period proportional to the rate of flow. In accordance with (1) above, the time interval between influent grab samples shall be no greater than once per hour, and the time interval between effluent grab samples shall be no greater than once per hour except at wastewater treatment systems having a detention time of greater than 24 hours. In such cases, effluent grab samples may be collected at time intervals evenly spaced over the 24 hour period which are equal in number of hours to the detention time of the system in number of days. However, in no case may the time interval between effluent grab samples be greater than six (6) hours nor the number of samples less than four (4) during a 24 hour sampling period. b. Grab Sample: Grab samples are individual samples collected over a period of time not exceeding 15 minutes; the grab sample can be taken manually. Grab samples must 'be representative of the discharge or the receiving waters. 9. Calculation of Means a Arithmetic Mean: The arithmetic mean of any set of values is the summation of the individual values divided by the number of individual values. b. Geometric Mean: The geometric mean of any set of values is the Nth root of the product of the individual values where N is equal to the number of individual values. The geometric mean is equivalent to the antilog of the arithmetic mean of the logarithms of the individual values. For purposes of calculating the geometric mean, values of zero (0) shall be considered to be one (1). c. Weighted by Flow Value: Weighted by flow value means the summation of each concentration times its respective flow divided by the summation of the respective flows. Part H Page 4 of 14 i 10. Calendar Day A calendar day is defined as the period from midnight of one day until midnight of the next day. However, for purposes of this permit, any consecutive 24-hour• period that reasonably represents the calendar day may be used for sampling. 11. Hazardous Substance A hazardous substance means any substance designated under 40 CFR Part 116 pursuant to Section 311 of the Clean Water Act. 12. Toxic Pollutant A toxic pollutant is any pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act. SECTION B. GENERAL CONDITIONS The permittee must comply with all conditions of this permit. Any permit noncompliance constitutes a violation of the Clean Water Act and is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or denial of a permit renewal application. a. The permittee shall comply with effluent standards or prohibitions established under section 307(a) of the Clean Water Act for toxic pollutants and with standards for sewage sludge use or disposal established under section 405(d) of the Clean Water Act within the time provided in the regulations that establish these standards or prohibitions or standards for sewage sludge use or disposal, even if the permit has not yet been modified to incorporate the requiremgnt. b. The Clean Water Act provides that any person who violates a permit condition is subject to a civil penalty not to exceed $25,000 per day for each violation. Any person who negligently violates any permit condition is subject to criminal penalties of $2,500 to $25,000 per day of violation, or imprisonment for not more than 1 year, or both. Any person who knowingly violates permit conditions is subject to criminal penalties of $5,000 to $50,000 per day of violation, or imprisonment for not more than 3 years, or both. Also, any person who violates a permit condition may be assessed an administrative penalty not to exceed $10,000 per violation with the maximum amount not to exceed $125,000. [Ref: Section 309 of the Federal Act 33 U.S.C.1319 and 40 CFR 122A1 (a)] c. Under state law, a civil penalty of not more than ten thousand dollars ($10,000) per violation may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of a permit. [Ref: North Carolina General Statutes § 143-215.6A] d. Any person may be assessed an administrative penalty by the Administrator for violating section 301, 302, 306, 307, 308, 318, or 405 of the Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of the Act. Administrative penalties for Class I violations are not to exceed $10,000 per violation, with the maximum amount of any Class I penalty assessed not to exceed $25,000. Penalties for Class II violations are not to exceed $10,000 per day for each day during which the violation continues, with the maximum amount of any Class 11 penalty not to exceed $125,O00. Part II Page 5 of 14 2. Duty to Mitigate The permittee shall take all reasonable steps to minimize or prevent any discharge or sludge use or disposal in violation of this permit which has a reasonable likelihood of adversely affecting human health or the environment. 3. Civil and Criminal Liability Except as provided in permit conditions on 'Bypassing" (Part II, C-4) and "Power Failures" (Part 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. Proper , Rights The issuance of this permit does not convey any property rights in either real or personal property, or any exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor any infringement of Federal, State or local laws or regulations. 6. Onshore or Offshore Construction This permit does not authorize or approve the construction of any onshore or offshore physical structures or facilities or the undertaking of any work in any navigable waters. 7. Severability The provisions of this permit are severable, and if any provision of this permit, or the application of any provision of this permit to any circumstances, is held invalid, the application of such provision to other circumstances, and the remainder of this permit, shall not be affected thereby. 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 to be kept by this permit. 9. Duty to Reapply If the permittee wishes to continue an activity regulated by this permit after the expiration date of this permit, the permittee must apply for and obtain a new permit. Part 11 Page 6 of 14 10. Ex,�iration 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 forms, information, 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. Siignato1yr Requirements All applications, reports, or information submitted to the Permit Issuing Authority shall be signed and certified. a. All permit applications shall be signed as follows: (1) Fora corporation: by a responsible corporate officer. For the purpose of this Section, a responsible corporate officer means: (a) a president, secretary, treasurer or vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision making functions for the corporation, or (b) the manager of one or more manufacturing production or operating facilities employing more than 250 persons or having gross annual sales or expenditures exceeding 25 million (in second quarter 1980 dollars), if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures. (2) For a partnership or sole proprietorship: by a general partner or the proprietor, respectively; or (3) For a municipality, State, Federal, or other public agency: by either a principal executive officer or ranking elected official. b. All reports required by the permit and other information requested by the Permit Issuing Authority shall be signed by a person described above or by a duly authorized representative of that person. A person is a duly authorized representative only if: (1) The authorization is made in writing by a person described above; (2) The authorization specified either an individual or a position having responsibility for the overall operation of the regulated facility or activity, such as the position of plant manager, operator of a well or well field, superintendent, a position of equivalent responsibility, or an individual or position having overall responsibility for environmental matters for the company. (A duly authorized representative may thus be either a named individual or any individual occupying a named position.); and (3) The written authorization is submitted to the Permit Issuing Authority. c. Certification. Any person signing a document under paragraphs a. or b. -of this section shall make the following certification: "I certify, under penalty of law; that this document and all attachments were prepared under MY direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations." Part II Page 7 of 14 12. Permit Actions This permit may be modified, revoked and reissued, or terminated for cause. The filing of a request by the permittee for a permit modification, revocation and reissuance, or termination, or a notification of planned changes or anticipated noncompliance does not stay any permit condition. 13. Permit Modification Revocation and Reissuance. or Termination The issuance of this permit does not prohibit the permit issuing authority from reopening and modifying the permit, revoking and reissuing the permit, or terminating the permit as allowed by. the laws, rules, and regulations contained in Title 40, Code of Federal Regulations, Parts 122 and 123; Title 15A of the North Carolina Administrative Code, Subchapter 2H .0100; and North Carolina General Statute 143-215.1 et. al. 14. Previous Permits All previous National Pollutant Discharge Elimination System Permits issued to this facility, whether for operation or discharge, are hereby revoked by issuance of this permit. (The exclusive authority to operate this facility arises under this permit. The authority to operate the facility under previously issued permits bearing this number is no longer effective. 1 The conditions, requirements, terms, and provisions -of this permit authorizing discharge under the National Pollutant Discharge Elimination System govern discharges from this facility. SECTION C. OPERATION AND MAINTENANCE OF POLLUTION CONTROLS 1. Certified rator Pursuant to Chapter 90A-44 of*North Carolina General Statutes, and upon classification of the facility by the Certification Commission, the permittee shall employ a certified wastewater treatment plant operator in responsible charge (ORC) of the wastewater treatment facilities. Such operator must hold a certification of the grade equivalent to or greater than the classification assigned to the wastewater treatment facilities by the Certification Commission. The permittee must also employ a certified back-up operator of the appropriate type and any grade to comply with the conditions of Title 15A, 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 shall submit a letter to the Certification Commission which designates the operator in responsible charge within thirty days after the wastewater treatment facilities are 50% complete. 2. Proper Operation and Maintenance The permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the permittee to achieve compliance with the conditions of this permit. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures. This provision requires the operation of back-up or auxiliary facilities or similar systems which are installed by a permittee only when the operation is necessary to achieve compliance with the conditions of the permit. Part II Page 8 of 14 3. Need to Halt or Reduce not a Defense It shall not be a defense for a permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the condition of this permit. 4. Bypassing of Treatment Facilities a. Definitions (1) 'Bypass" means the -known diversion of waste streams from any portion of a treatment facility including the collection system, which is not a designed or established or operating mode for the facility. (2) "Severe property damage" means substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production. b. Bypass not exceeding limitations. The permittee may allow any bypass to occur which does not cause effluent limitations to be exceeded, but only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the provisions of Paragraphs c. and d. of this section. c. Notice (1) Anticipated bypass. If the permittee knows in advance of the need for a bypass, it shall submit prior notice, if possible at least ten days before the date of the bypass; including an evaluation of the anticipated quality and affect of the bypass. (2) Unanticipated bypass. The permittee shall submit notice of an unanticipated bypass as required in Part II, E. 6. of this permit. (24 hour notice). d. Prohibition of Bypass (1) Bypass is prohibited and the Permit Issuing Authority may take enforcement action against a permittee for bypass, unless: (A) Bypass was unavoidable to prevent loss of life, personal injury or severe property damage; (B) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate backup equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and (0 The permittee submitted notices as required under Paragraph c. of this section. (2) The Permit Issuing Authority may approve an anticipated bypass, after considering its adverse affects, if the Permit ,Issuing Authority determines that it will meet the three conditions listed above in Paragraph d. (1) of this section. Part II Page 9 of 14 S. U12sets a. Definition. "Upset " means an exceptional incident in which there is unintentional and temporary noncompliance with technology based permit effluent limitations because of factors beyond the reasonable control of the permittee. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless *or improper operation. b. Effect of an upset. An upset constitutes an affirmative defense to an action brought for noncompliance with such technology based permit effluent limitations if the requirements of paragraph c. of this condition are met. No determination made during administrative review of claims that noncompliance was caused by upset, and before an action for noncompliance, is final administrative action subject to judicial review. c. Conditions necessary for a demonstration of upset. A permittee who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that: (1) An upset occurred and that the permittee can identify the cause(s) of the upset; (2) The permittee facility was at the time being properly operated; and (3) The permittee submitted notice of the upset as required in Part II, E. 6. (b) (B) of this permit. (4) The permittee complied with any remedial measures required under Part I1, B. 2. of this permit. d. Burden of proof. In any enforcement proceeding the permittee seeking to establish the occurrence of an upset has the burden of proof. 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 Part 503. The permittee shall comply with applicable 40 CFR Part 503 Standards for the Use and Disposal of Sewage Sludge (when promulgated) within the time provided in the regulation, even if the permit is not modified to incorporate the requirement. The permittee shall notify the Permit Issuing Authority of any significant change in its sludge use or disposal practices. 7. Power Failures The permittee is responsible for maintaining adequate safeguards as required by DEM Regulation, Title 15A, North Carolina Administrative Code, Subchapter 2H, .0124 Reliability, to prevent the discharge of untreated or inadequately treated wastes during electrical power failures either by means of alternate power sources, standby generators or retention of inadequately treated effluent. Part II Page 10 of 14 SECTION D. MONITORING AND RECORDS 1. Representative Samp1ine Samples collected and measurements taken, as required herein, shall be characteristic of the volume and nature of the permitted discharge. Samples collected at a frequency less than daily shall be taken on a day and time that is characteristic of the discharge over the entire period which the sample represents. All samples shall be taken at the monitoring points specified in this permit and, unless otherwise specified, before the effluent joins or is diluted by any other wastestream, body of water, or substance. Monitoring points shall not be changed without notification to and the approval of the Permit Issuing Authority. 2. Reporting Monitoring results obtained during the previous month(s) shall be summarized for each month and reported on a monthly Discharge Monitoring Report (DMR) Form (DEM No. MR 1, 1.1, 2, 3) or alternative forms approved by the Director, DEM, postmarked no later than the 30th day following the completed reporting period. The first DMR is due on the last day of the month following the issuance of the permit or in the case of a new facility, on the last day of the month following the commencement of discharge. Duplicate signed copies of these, and all other reports required herein, shall be submitted to the following address: Division of Water Quality Water Quality Section ATTENTION: Central Files Post Office Box 29535 Raleigh, North Carolina 27626-0535 3. Flow Measurements Appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges. The devices shall be installed, calibrated and maintained to ensure that the accuracy of the measurements are consistent with the accepted capability of that type of device. Devices selected shall be capable of measuring flows with a maximum deviation of less than + 10% from the true discharge rates throughout the range of expected discharge volumes. Once -through condenser cooling water flow which is monitored by pump logs, or pump hour meters as specified in Part I of this permit and based on the manufacturer's pump curves shall not be subject to this requirement. 4. Test Procedures Test procedures for the analysis of pollutants shall conform to the EMC regulations published pursuant to NCGS 143-215.63 et. seq, the Water and Air Quality Reporting Acts, and to regulations published pursuant to Section 304(g), 33 USC 1314, of the Federal Water Pollution Control Act, as Amended, and Regulation 40 CFR 136; or in the case of sludge use or disposal, approved under 40 CFR 136, unless otherwise specified in 40 CFR 503, unless other test procedures have been specified in this permit. To meet the intent of the monitoring required by this permit, all test procedures must produce minimum detection and reporting levels that are below the permit discharge requirements and all data generated must be reported down to the minimum detection or lower reporting level of the procedure. If no approved methods are determined capable of achieving minimum detection and Part 11 Page 11 of 14 reporting levels below permit discharge requirements, then the most sensitive (method with the lowest possible detection and reporting level) approved method must be used. 5. Penalties for Tampering The Clean Water Act provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any monitoring device or method required to be maintained under this permit shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. If a conviction of a person is for a violation committed after a first conviction of such person under this paragraph, punishment is a fine of not more than $20,000 per day of violation, or by imprisonment of not more than 4 years, or both. 6. Records Retention Except for records of monitoring information required by this permit related to the permittee's sewage sludge use and disposal activities, which shall be retained for a period of at least five years (or longer as required by 40 CFR 503), the permittee shall retain records of all monitoring information, including all calibration and maintenance records and all original strip chart recordings for continuous monitoring instrumentation, copies of all reports required by this permit, for a period of at least 3 years from the date of the sample, measurement, report or application. This period may be extended by request of the Director at any time. 7. Recording Results For each measurement or sample taken pursuant to the requirements of this permit, the permittee shall record the following information: a. The date, exact place, and time of sampling or measurements; b. The individual(s) who performed the sampling or measurements; c. The date(s) analyses were performed; d. The individual(s) who performed the analyses; e. The analytical techniques or methods used; and f. The results of such analyses. 8. Inspection and Entry The permittee shall allow the Director, or an authorized representative (including an authorized contractor acting as a representative of the Director), upon the presentation of credentials and other documents as may be required by law, to; a. Enter upon the permittee's premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of this permit; b. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this permit; C. Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this permit; and d. Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise authorized by the Clean Water Act, any substances or parameters at any location. Part II Page 12 of 14 .V 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. Notice is required only when: a. The alteration or addition to a permitted facility may meet one of the criteria for determining whether a facility is a new source in 40 CFR Part 122.29 (b); or b. The alteration or addition could significantly change the nature or increase the quantity of pollutants discharged. This notification applies to pollutants which are subject neither to effluent limitations in the permit, nor to notification requirements under 40 CFR Part 122.42 (a) (1). c. The alteration or addition results in a significant change in the permittee's sludge use or disposal practices, and such alternation, addition or change may justify the application of permit conditions that are different from or absent in the existing permit, including notification of additional use or disposal sites not reported during the permit application process or not reported pursuant to an approved land application plan. 3. Anticipated Noncompliance The permittee shall give advance notice to the Director of any planned changes in the permitted facility or activity which may result in noncompliance with permit requirements. 4. Transfers This permit is not transferable to any person except after notice to the Director. The Director may require modification 'or revocation and reissuance of the permittee and incorporate such other .requirements as may be necessary under the'Clean Water Act. 5. Monitoring Reports Monitoring results shall be reported at the intervals specified elsewhere in this permit. a. Monitoring results must be reported on a Discharge Monitoring Report (DMR) (See Part ll. D. 2 of this permit) or forms provided by the Director for reporting results of monitoring of sludge use or disposal practices. b. If the permittee monitors any pollutant more frequently than required by the permit, using test procedures specified in Part II, D. 4. of this permit or in the case of sludge use or disposal, approved under 40 CFR 503, or as specified in this permit, the results of this monitoring shall be included in the calculation and reporting of the data submitted in the DMR. c. Calculations for all limitations which require averaging of measurements shall utilize an arithmetic mean unless otherwise specified by the Director in the permit.' Part II Page 13 of 14 6. Twenty-four Hour Reporting a. The permittee shall report to the central office or the appropriate regional office any noncompliance which may endanger health or the environment. Any information shall be provided orally within 24 hours from the time the permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the permittee becomes aware of the circumstances. The written submission shall contain a description of the noncompliance, and its cause; the period of noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance. b. The following shall be included as information which must be reported within 24 hours under this paragraph: (1) Any unanticipated bypass which exceeds any effluent limitation in the permit. (2) Any upset which exceeds any effluent limitation in the permit. (3) Violation of a maximum daily discharge limitation for any of the pollutants Jisted by the Director in the permit to bereported within 24 hours. c. The Director may waive the written report on a case -by -case basis for reports under paragraph b. above of this condition if the oral report has been received within 24 hours. 7. Other Noncompliance The permittee shall report all instances of noncompliance not reported under Part II. E. 5 and 6. of this permit at the time monitoring reports are submitted. The reports shall contain the information listed in Part II. E. 6. of this permit. 8. Other Information Where the permittee becomes aware that it failed to submit any relevant facts in a permit application, or submitted incorrect information in a permit application or in any report to the Director, it shall promptly submit such facts or information. 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. Part II Page 14 of 14 Persons reporting such occurrences by telephone shall also file a written report in letter form within 5 days following first knowledge of the occurrence. 10. Availability of Reports Except for data determined to be confidential under NCGS 143-215.3(a)(2) or Section 308 of the Federal Act, 33 USC 1318, all reports prepared in accordance with the terms shall be available for public inspection at the offices of the Division of Water Quality. As required by the Act, effluent data shall not be considered confidential. Knowingly making any false statement on any such report may result in the imposition of criminal penalties as provided for in NCGS 143-215.1(b)(2) or in Section 309 of the Federal Act. 11. Penalties for Falsification of Reports The Clean Water Act provides that any person who knowingly makes any false statement, representation, or certification in any record or other .document submitted or required to be maintained under this permit, including monitoring reports or reports of compliance or noncompliance shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. ' " PART III OTHER REQUIREMENTS A. Construction No construction of wastewater treatment facilities or additions to add to the plant's treatment capacity or to change the type of process utilized at the treatment plant shall be begun until Final Plans and Specifications have been submitted to the Division of Water Quality and written approval and Authorization to Construct has been issued. B. Groundwater Monitoring The permittee shall, upon written notice from the Director of the Division of Water Quality, conduct groundwater monitoring as may be required to determine the compliance of this NPDES permitted facility with the current groundwater standards. C. Changes in Discharges of Toxic Substances The permittee shall notify the Permit Issuing Authority as soon as it knows or has reason to believe: a.That any activity has occurred or will occur which would result in the discharge, on a routine or frequent basis, of any toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels' (1) One hundred micrograms per liter (100 ug/1); (2)Two hundred micrograms per liter (200 ug/1) for acrolein and acrylonitrile; five hundred micrograms per liter (500 ug/1) for 2.4-dinitrophenol and for 2-methyl-4.6-dinitrophenol; and one milligram per liter (1 mg/1) for antimony; (3) Five (5) times the maximum concentration value reported for that pollutant in the permit application. b. That any activity has occurred or will occur which would result in any discharge, on a non -routine or infrequent basis, of a toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels'; (1) Five hundred micrograms per liter (500 ug/1); (2) One milligram per liter (1 mg/1) for antimony; (3) Ten (10) times the maximum concentration value reported for that pollutant in the permit application. D. Rgguirement to Continually Evaluate Alternatives to Wastewater Discharges The permittee shall continually evaluate all wastewater disposal alternatives and pursue the most environmentally sound alternative of the reasonably cost effective alternatives. If the facility is in substantial non-compliance with the terms and conditions of the NPDES permit or governing rules, regulations or laws, the permittee shall submit a report in such form and detail as required by the Division evaluating these alternatives and a plan of action within sixty (60) days of notification by the Division. PART IV ANNUAL ADMINISTERING AND COMPLIANCE MONITORING FEE REQUIREMENTS A. The permittee must pay the annual administering and compliance monitoring fee within 30 (thirty) days after being billed by the Division. Failure to pay the fee in a timely manner in accordance with 15A NCAC 2H .0105(b)(4) may cause this Division to initiate action to revoke the permit. 500 copies of this public document were printed at a cost of $135.50 or $.27 per copy. EPPPPPP, State of North Carolina Department of Environment and Natural Resources Division of Water Quality Michael F. Easley, Governor William G. Ross Jr., Secretary Alan W. Klimek, P.E., Director December 23, 2003 Dr. Ramesh Gihwala Higalaw Enterprises LLC 123 W. Marion Street Shelby, North Carolina 28150 NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES I: I Subject: NPDES Permit Modification — Name/Ownership Change Permit NCO063797 Higalaw Enterprises LLC Formerly (Sybil) Joy Bell) Cleveland County Dear Dr. Gihwala: In accordance with your request received October 20, 2003, the Division is forwarding the subject permit modification. This modification documents the change in name/ownership at the subject facility. All other terms and conditions in the original permit remain unchanged and in full effect. This permit modification is issued under the requirements of North Carolina General Statute 143-215.1 and the Memorandum of Agreement between. North Carolina and the U. S. Environmental Protection Agency dated December 6, 1983. If any parts, measurement frequencies or sampling requirements contained in this permit modification are unacceptable to you, you have the right to an adjudicatory hearing upon written request within thirty (30) days following receipt of this letter. This request must be a written petition conforming to Chapter 150B of the North' Carolina General Statutes, filed with the Office of Administrative Hearings, Post Office Drawer 27447, Raleigh, North Carolina 27611-7447. Unless such demand is made, this decision shall be final and binding. This permit does not affect the legal requirement to obtain other permits which may be required by the Division of Water Quality, the Division of Land Resources, Coastal Area Management Act, or any other Federal or Local government permit that may be required. If you have any questions concerning this permit, please contact Valery Stephens at the telephone number or address listed below. Central Files ooresvifle Regional Office, Water Quality Section --NPDE—SsUrfit Sincerely, tv QZ A an W. Klimek, P.E. 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 VISIT US ON THE INTERNET @ http://h2o.enr.state.nc.us/ 919 733-5083, extension 520 (fax) 919 733-0719 Valery.Stephens@ncmail.net Permit Number NC0063797 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, Higalaw Enterprises LLC is hereby authorized to discharge wastewater from a facility located at Whispering Pines Rest Home WWTP 1056 College Avenue East of Boiling Springs Cleveland County to receiving waters designated as Sugar Branch in the 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 23, 2003. This permit and authorization to discharge shall expire at midnight on August 31, 2008. Signed this day December 23, 2003. 09- Alan W. Klimek, P.E., Director Division of Water Quality By Authority of the Environmental Management Commission PPPPPPP' Permit Number NC0063797 SUPPLEMENT TO PERMIT COVER SHEET Higalaw Enterprises LLC, is hereby authorized to: 1. Continue to operate an existing 0.0025 MGD wastewater treatment system with the following components: • 3,500-gallon septic & dosing tank • Surface sand filter • Chlorine disinfection The facility is located at Whispering Pines Rest Home WWTP, College Avenue (NC Highway 150), east of Boiling Springs, in Cleveland County. 2. Discharge from said treatment works at the location specified on the attached map into Sugar Branch, classified C waters in the Broad River Basin. SOC PRIORITY PROJECT: Yes —No X If Yes, SOC No. To: Permits and Engineering Unit Water Quality Section Attention: Valery Stephens Date: October 21, 2003 NPDES STAFF REPORT AND RECOMMENDATION County: Cleveland Permit No. NCO065773 MRO No. 03-20 PART I - GENERAL INFORMATION 1. Facility and address: Whispering Pines Rest Home 1056 College Avenue Shelby, N.C. 28150 2. Date of investigation: September 24, 2003 3. Report prepared by: Samar Bou-Ghazale, Env. Engineer I 4. Persons contacted and telephone number: Mr. Richard Hughes, ORC, Tel # 704/487-6198. 5. Directions to Site: From the intersection of East College Road (Highway 150) and Maple Springs Church Road/Poplar Church Road (SRI 151/1152) in southwestern Cleveland County, travel west on Highway 150 approximately 0.55 mile. Whispering Pines Rest Home is located on the right (north) side of the road. 6. Discharge point(s). List for all discharge points: Latitude: 35 ° 14' 52" Longitude: 81 ° 37' 20" Attach a U.S.G.S. map extract and indicate treatment facility site and discharge point on map. U.S.G.S. Quad No.: G 12 NE U.S.G.S. Name: Blacksburg, N.C. 7. Site size and expansion area are consistent with application? Yes X No_ If No, explain: 1� 8. Topography (relationship to flood plain included): Slopes range from 3 to 5%. The treatment facilities are not located in the flood plain. 9.. Location of nearest dwelling: The rest home is located approximately 75 feet north of the WWT facilities. 10. Receiving stream or affected surface waters: Sugar Branch a. Classification: C b. River Basin and Subbasin No.: Broad; 03-08-04 C. Describe receiving stream features and pertinent downstream uses: The receiving stream is a segment of Sugar Branch which appeared to have good flow. General C classification uses downstream. PART H - DESCRIPTION OF DISCHARGE AND TREATMENT WORKS 1. a. Volume of wastewater to be permitted: 0.0025 MGD (Ultimate Design Capacity) b. What is the current permitted capacity of the wastewater treatment facility? 0.0025 MGD C. Actual treatment capacity of the current facility (current design capacity)? 0.0025 MGD d. Date(s) and construction activities allowed by previous Authorizations to Construct issued in the previous two years: N/A e. Please provide a description of existing or substantially constructed wastewater treatment facilities: The existing facilities consist of a septic tank with dosing compartment, a flow diversion box, a surface sand filter bed with three (3) PVC distribution lines, and a tablet chlorinator with contact chamber. f. Please provide a description of proposed wastewater treatment facilities: N/A g. Possible toxic impacts to surface waters: None other than chlorine. h. Pretreatment program (POTWs only): N/A 2. Residuals handling and utilization/disposal scheme: Disposal/utilization scheme (specify): Waste sludge is removed and transported by Wesson Septic Tank Service, Inc., to the Shelby wastewater treatment plant for treatment/disposal. 3. Treatment plant classification (attach completed rating sheet): Class I (no change of rating, no rating sheet attached). 4: SIC Code(s): 8361 Primary:11 Secondary: Main Treatment Unit Code: 44007 PART III - OTHER PERTINENT INFORMATION 1. Is this facility being constructed with Construction Grant Funds or are any public monies involved (municipals only)? N/A 2. Special monitoring or limitations (including toxicity) requests: N/A Important SOC, JOC or Compliance Schedule dates: (please indicate) N/A 4. Alternative Analysis Evaluation: Has the facility evaluated all of the non -discharge options available. Please provide regional perspective for each option evaluated. N/A Air Quality and/or Groundwater concerns or hazardous materials utilized at this facility that may impact water quality, air quality, or groundwater: No AQ or GW concerns nor are hazardous materials utilized at this facility. PART IV - EVALUATION AND RECOMMENDATIONS Mr. Leonard Yelton, the owner of Whispering Pines Rest Home, is applying to renew the permit to discharge treated domestic wastewater. After the application was submitted, Mr. Yelton sold the rest home to Mr. Ramesh Gihwala. The MRO sent Mr. Gihwala a change of ownership application form. During the site investigation it was learned that the rest home is unoccupied and the wastewater treatment plant has been inactive since June 2003. Pending review and approval by the P&E, it is recommended that the permit be renewed as requested. Signature of Repo Preparer Water Qi}a ty g ional Supervisor o Date �r UNITED STATES f W/7s QrirJ DEPARTMENT OF THE, INTERIOR N ��DE-S /i�o , 37 11/('OD �1 `l GEOLOGICAL SURVEY ClP✓P1�r1 , / 35. 15, Quor+rrvr srvrrr,rs 2s nu rre+ nr �� ( /(f �" r4 E_��✓I E120000 FEEE IS. '46 _ /r. 147 C�� 1iE c5.ai {Hii�g—.� \•\ '\ \�� ur + 1 \` �� �� )4B srre+;nr cs , 'I (a ) $la_.\ l �: ;S'� Lr � i=_— ,1 III• ���• •• :� V \ � �� „'�\1 \�\ �l �'J r�/) (r-l--•'•n l-\r l: ! . I r\.:..��' :,�� I�, � v (off•, � \ i ple3r5C ..1 '� --� 1�.� \\ .l. > �1^ \ _�// \� �`�\' 1 —_;�• I JIF �l !,c nurse s'0poo.N l/ _l ar�r� +.\ (._ � �114� (1 L 11 ��• ' �\ 1 I 1 1 (1l C�..`^ -, .. / \ 1 _ .�.. (� •� (. ��--- ..\ ( n sew I J � \ / V � % �'-� 1\ !,' ..(� ' j� Y ��---- \ 1 ) o \n •,, � �r osal J, I _ 7110 3899 7),p VJ ffSS ,g, J l f• 810000 FEET If '60 a /�: ,°y7 (I / /1� �/ )� o�l�,'�C,. State of North Carolina r` De artment of Environment5V& • p F 1 and Natural Resources Q Division of Water Quality Michael F. Easley, Governor � �NCDENR William G. Ross Jr., Secretary 'i Alan W. Klimek, P.E. Director NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES 3/19/2003 = JOHN GOLD SYBIL JOY BELL 1085 OLD BOILING SPRINGS SHELBY, NC 28152 Subject: NPDES Renewal Application Permit Number NCO063797 Whispering Pines Rest Home Cleveland County Dear Permittee: The NPDES Unit received your permit renewal application on March 7, 2003 . Thank you for submitting this package. The permit renewal for this facility has been assigned to a staff member This staff member will contact you if further information is needed to complete the permit renewal. Please note that the NPDES Unit has several vacant positions. This staff shortage has lasted for over 4 years and is delaying all 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 which govern our program. If this staff shortage delays reissuance of NCO063797 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 Charles Weaver at (919) 733-5083, extension 511 cc: Central Files ooresvilf�,Regional Office, Water Quality Section NPDES File 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 An Equal Opportunity Affirmative Action Employer Sincerely, Valery Stephens j Point Source Branch (FAQ 2 4 2005 Telephone 919-733-5083 ' FAX 919-733-9919 50% recycled/ 10% post -consumer paper r e WHISPERING PINES REST H( 1056 COLLEGE AVENUE SHELBY, NORTH CAROLINA 2 February 26, 2003 Mr. Charles H. Weaver, Jr. NPDES Unit State of North Carolina Department of Environment & Natural Resources Division of Water Quality P. O. Box 29535 Raleigh, North Carolina 27626-0535 Dear Mr. Weaver: This is a request for renewal of NPDES Permit #NC0063797, Whispering Pines Rest Home, 1085 Boiling Springs Road, Shelby, North Carolina 28152, in Cleveland County. There have been no changes or modifications to the facility since issuance of the last permit. I would also like to request that sampling frequencies and limitations remain the same for the next permit period. Sincerely, Bill Hodge ORC, Whispering Pines Rest Home Water Tech, Inc P. O. Box 1056 Granite Falls, North Carolina 28630 cc: Sybil Joy Bell i NPDES PERMIT APPLICATION - SHORT FORM D To be filed only by dischargers of 100% domestic wastewater (<1 MGD flow) N. C. Department of Environment and Natural Resources Division of Water Quality / NPDES Unit 1617 Mail Service Center, Raleigh, NC 27699-1617 North Carolina NPDES Permit Number I NC00 (if known) Please print or type 1. Mailing address of applicant/pen- uttee: Facility Name Owner Name Street Address Citv State ZIP Code Telephone Number Fax Number e-mail Address ) &W7 2. Location of facility producing discharge: Name (If different from above) Facility Contact Person Street Address or State Road City / Zip Code County Telephone Number 3. Reason for application: Expansion/Modiiicatio_1 H.xisting unpernutted Discharge Renewal New Facility Please provide a description of the on/ 4. Description of the existing treatment facilities (list all installed components with capacities): Page 1 of 2 Version 1112000 NPDES PERMIT APPLICATION - SHORT FORM D � To be filed only by dischargers of 100% domestic wastewater (<1 MGD flow) 5. Description of wastewater (check all that apply): Type of Facility Generating Wastewater Industrial Commercial Residential School Other Number of Employees Number of Employees Number of Homes Number of Students/Staff Describe the source(s) of wastewater (example: subdivision, mobile home park, etc.): 6. Number of separate wastewater discharge pipes (wastewater outfalls): 7. If the facility has multiple discharge outfalls, record the source(s) of wastewater for each outfall: j S. Name of receiving stream(s) (Provide a map showing the exact location of each outfall): I certify that I am familiar with the information contained in the application and that to the best of my knowledge and belief such information is true, complete, and accurate. Printed'Name of PersoA Signing Cal ae=nL Title Signature of 2,-V-.:D3 Date Signed North Carolina General Statute 143-215.613 (i) provides that: Any person who knowingly makes any false statement representation, or certification in any application, record, report, plan, or other document files or required to be maintained under Article 21 or regulations of the Environmental Management Commission implementing that Article, or who falsifies, tampers with, or knowingly renders inaccurate any recording or monitoring device or method required to be operated or maintained under Article 21 or regulations of the Environmental, Management Commission implementing that Article, shall be guilty of a misdemeanor punishable by a fine not to exceed $10,000, or by imprisonment not to exceed six months, or by both. (18 U.S.C. Section 1001 provides a punishment by a fine of not more than $10,000 or imprisonment not more than 5 years, or both for a similar offense.) Page 2 of 2 Version 1112000 a Sludge Management Plan Sludge is collected in a 2500 gallon septic tank until the sludge blanket reaches a depth of approximately one (01) foot, at which time the contents are pumped by Wesson Septic Tank Service, Inc., 707 Popular Springs Church Road, Shelby, North Carolina 28152, a company certified to land apply, and/or discharge at the Shelby Waste Water Treatment Plant or at the Cone Mills Waste Water Treatment Plant, Cliffside, North Carolina. O 3900000m.N , -- -- - - B35 _� \ 1142 3999 l - �' 3998 10000 FEET (S. C.) t''• //�0 t ` �2 Whispering Pines Rest Home Discharge Point 001 NPDES No.: N00063797 LAT: 350 14' 52' LONG: 810 37' 20" 776 TOO 41 3897 ,fin._ ♦\\ " � \\� a //) • /J �� , 3996 (�\ o 30 j 0 4 I Q /•• /M 20 -�: • 1 s e6. 7:2 rIf1r Ms. Sybil J. Bell 1085 Old Boiling Springs Road Shelby, North Carolina Dear Ms. Bell: Michael F. Easley Governor 9YL William G. Ross, Jr., Secretary NCDENR North Carolina Department of Environment and Natural Resources _; ;Division bf VJatec�Qual[y"" June 20, 2001 JUL 0 2 2001 28152 Subject: NPDES Permit Modification Permit NCO063797 Whispering Pines Rest Home Cleveland County Division personnel have reviewed and approved your request to transfer ownership of the subject permit, received on May 29, 2001. This permit modification documents the change in ownership. Please find enclosed the revised permit. All other terms and conditions contained in the original permit remain unchanged and in full effect. This permit modification is issued under the requirements of North Carolina General Statutes 143-215.1 and the Memorandum of Agreement between North Carolina and the U.S. Environmental Protection Agency. If any parts, measurement frequencies or sampling requirements contained in this permit modification are unacceptable to you, you have the right to an adjudicatory hearing upon written request within thirty (30) days following receipt of this letter. This request must be a written petition conforming to Chapter 150B of the North Carolina General Statutes, filed with the Office of Administrative Hearings (6714 Mail Service Center, Raleigh, North Carolina 27699-6714). Unless such demand is made, this decision shall be final and binding. If you have any questions concerning this permit modification, please contact Ora Scott of the Point Source Branch at (919) 733-5083, extension 520. Sincerely, oft4lae Siamd By David A. Goodrich Kerr T. Stevens cc: Central Files 1VIooreville Regional�Office, Water Quality Section Point Source Compliance Enforcement Unit NPDES Unit 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone (919) 733-5083 FAX (919) 733-0719 An Equal Opportunity Affirmative Action Employer VISIT us ON THE INTERNET @ hfp://h2o,enr,state.nc.us/NPDES Permit NCO063797 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, Sybil Joy Bell is hereby authorized to discharge wastewater from a facility located at the Whispering Pines Rest Home 1056 College Avenue Cleveland County to receiving waters designated as Line 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 June 20, 2001. This permit and authorization to discharge shall expire at midnight on October 31, 2003. Signed this day June 20, 2001. Original SigmW By David A. Drndrich Kerr T. Stevens, Director Division of Water Quality By Authority of the Environmental Management Commission Dcc-,r Y7lf: 9 (eczSt,rz 1NC DEPT. Dr -EMM jjc,. AND NATURAL RESOURC; �, UODRESVILLE fi. GtoPE,'' s' b : ( J �7 f3 -f i _ "AY 1 8 2001 pur��f;: (-37G7 rl f � C J /- —� Wit..' t 717� r.kc-%fj STATE OF NORTH CAROLINA File No. 777 01 E S In The General Court of Justice Cleveland County - - :. Superior Court Division Before The Clerk IN THE MATTER OF THE ESTATE OF: LETTERS Name LEONARD A. YELTON TESTAMENTARY G.S. 28A-6-1 The Court in the exercise of its jurisdiction of the probate of wills and the administration of estates, and upon application of the fiduciary, has adjudged legally sufficient the qualification of the fiduciary named below and orders that Letters be issued in the above estate. OF� lea The fiduciary is fully authorized o . dr�th olina to receive ah a m\�er all o ;'Yf { f the assets belonging to the estate, and these Letters are i sug to ttes�t�at au t onty an .t ertifyf a� } w in full force and effect. g l yI C ;� Witness my hand and the Sea \ 6t 0,S pe riot C urt. 1�'R12.1776 y IL 1�\ Jr -i Name And Title of Fiduciary 1 Date of QualiFcation Joy Yelton Bell, Executor (aka Sybil Joy Bell) L D l Address 1085 Old Boiling Springs Road Clerk of Superior Court City, State, Zip Shelby, North Carolina 28152 EX OFFICIO JUDGE OF PROBATE Name And Title of Fiduciary 2 Address Date of Issuance 9 Sao/ City, State, Zip Signature SEAL Deputy CSC �ssistant CSC AOC-E-403, Rev. 5/96 © 1997 Administrative Office of the Courts STATE OF NORTH CAROLINA rt!!01 E � (� In The General Court of Justice Cleveland County ;•:;:.: -,:.:Superior Court Division Y' Before The Clerk IN THEMATTER OF THE ESTATE OF: LETTERS Name CORA BLANCHE YELTON TESTAMENTARY G.S. 28A-8-1 The Court in the exercise of its jurisdiction of the probate of wills and the administration of estates, and upon application of the fiduciary, has adjudged legally sufficient the qualification of the fiduciary named below and orders that Letters be issued in the above estate. Q F \1\ The fiduciary is fully authorizedy'he o :. brth C„i olina to receive a ,m'rl' �er all of the assets belonging to the estate, and these Letters are i 'ug¢ d es b.Aat ay, ority an ertify t a i s w in full force and effect. Witness �. my hand and the Se frt per Curt. \ �-1PRrt- 12.ASS .,` QL AM Name And Title of Fiduciary 1 Date of Qualification Joy Yelton Bell, Executor (aka Sybil Joy Bell) D G Address 1085 Old Boiling Springs Road Clerk of Superior Court City, State, Zip Shelby, North Carola28152 EX OFFICIO JUDGE OF PROBATE Name And Title of Fiduciary ry 2 Address Date of issuance ? D City, State, Zip Signature SEAL Deputy CSC Assistant CSC AOC-E-403, Rev. 5196 ©1997 Administrative Office of the Courts h SOC PRIORITY PROJECT: Yes No To: Permits and Engineering Unit Water Quality Section Attention: Bethany Bolt Date: July 13, 1998 NPDES STAFF REPORT AND RECOMMENDATION County: Cleveland Permit No. NC0063797 MRO No. 98-046 PART I - GENERAL INFORMATION 1. Facility and Address: Whispering Pines Rest Home 1056 College Avenue Shelby, North Carolina 28150 2. Date of Investigation: 06-11-98 3. Report Prepared By: G. T. Chen 4. Persons Contacted and Telephone Number: Mr. Richard Hughes, ORC, Culligan Operating Services (800) 231-8889 5. Directions to Site: From the intersection of East College Road (Highway 150) and Maple Springs Church Road/Poplar Church Road (SR 1151/1152) in southwestern Cleveland County, travel west on Highway 150 approximately 0.55 mile. Whispering Pines Rest Home is located on the right (north) side of the road. 6. Discharge Point(s). List for all discharge points: Latitude: 350 14' 52" Longitude: 810 37' 20" Attach a U.S.G.S. map extract and indicate treatment facility site and discharge point on map. USGS Quad No.: G 12 NE USGS Name: Blacksburg North 7. Site size and expansion are consistent with application? Yes. 0 r 8. Topography (relationship to flood plain included): Sloping south toward receiving stream at the rate of 3 to 5%. The site is not in a flood plain. 9. Location of nearest dwelling: The Rest Home is located approximately 75 feet north of the facility. 10. Receiving stream or affected surface waters: Sugar Branch a. Classification: C b. River Basin and Subbasin No.: Broad and 03-08-04 C. Describe receiving stream features and pertinent downstream uses: The receiving stream is a segment of Sugar Branch which appeared to have a very good flow. Usage includes fish and wildlife propagation, secondary recreation, and agriculture. Downstream users are unknown. PART II - DESCRIPTION OF DISCHARGE AND TREATMENT WORKS 1. a. Volume of wastewater to be permitted: 0.0025 MGD (Ultimate Design Capacity) b. What is the current permitted capacity of the wastewater treatment facility? 0.0025 MGD C. Actual treatment capacity of the current facility (current design capacity)? 0.0025 MGD d. Date(s) and construction activities allowed by previous Authorizations to Construct issued in the previous two years: N/A e. Please provide a description of existing or substantially constructed wastewater treatment facilities: The existing facility consists of a septic tank with dosing compartment, a flow diversion box, a surface sand filter bed with three (3) PVC distribution lines, and a tablet chlorinator with contact chamber. f. Please provide a description of proposed wastewater treatment facilities: N/A NPDES Permit Staff Report Version 10192 Page 2 g. Possible toxic impacts to surface waters: N/A h. Pretreatment Program (POTWs only): N/A 2. Residuals handling and utilization/disposal scheme: a. If residuals are being land applied, please specify DWQ Permit No.: N/A Residuals Contractor: N/A Telephone No.: N/A b. Residuals stabilization: PSRP: N/A RFRP: N/A Other: N/A C. Landfill: N/A d. Other disposal/utilization scheme (specify): Sludge is removed by Liquid Waste Company of Charlotte and transported to CMUD's McAlpine Creek WWTP for final disposal. 3. Treatment plant classification (attach completed rating sheet): Class I, see attached rating sheet 4. SIC Code (s) : 8361 Wastewater Code (s) : Primary: 11 Secondary: Main Treatment Unit Code: 44007 PART III - OTHER PERTINENT INFORMATION 1. Is this facility being constructed with Construction Grant Funds or are any public monies involved (municipals only)? N/A 2. Special monitoring or limitations (including toxicity) requests: N/A 3. Important SOC, JOC or Compliance Schedule dates: (please indicate) N/A NPDES Permit Staff Report Version 10192 Page 3 0 4. Alternative Analysis Evaluation: Has the facility evaluated all of the non -discharge options available. Please provide regional perspective for each option evaluated. No alternatives. Spray Irrigation: N/A Connection to Regional Sewer System: N/A Subsurface: N/A Other Disposal Options: Not evaluated. 5. Air Quality and/or Groundwater concerns or hazardous materials utilized at this facility that may impact water quality, air quality or groundwater? None. 6. Other Special Items: None. PART IV - EVALUATION AND RECOMMENDATIONS It is recommended that the permit be renewed as requested by the applicant. Signature of Report Preparer Water Quality Date Tonal Supervisor NPDES Permit Staff Report Version 10192 Page 4 UNITED STATES DEPARTMENT OF THE INTERIOR GEOLOGICAL SURVEY d81°37'-4n __...- _ 35° 15' J 390000em.N. 3998 810000 FEET (S. C.) / /,�, A /E 3°97 fi will s perl�g- p, des Ras- / l4e N lY/�DES No. NCOi�5 7 CleveI'l4al SHELRY 4 9 MI KI820000 FEET (S.C.) 446 35' 447 r800 �,\r ,.,..,�j' ^.mil' 12, 1 a\ ourse \ 'v kx ( r. 6; - fC � r \'�.. cam. ,1\� /''\I;�c%-�� • ..,1 � — � ;'% � c l� �t Cpi RATING SCALE FOR CLASSIFICATION OF WATER POLLUTION CONTROL SYSTEMS Name of Facility: ;S Owner or Contact Person: Mailing Address: /0S/o C&P14V .40,9. County: _Z4&W_ A6ftd Telephone: ) 487 - G /98 Present Classification: ,l New Facility Existing Facility NPDES Per. No. NC00 Nondisc. Per. No.WQ Health Dept.Per No. Rated by: % Telephone: (0V)/63—/w?' Date: 7 - 3 8 Reviewed by: Health Dept. Telephone: _ Regional Office Telephone: Central Office Telephone: ORC: Grade: 7K Telephone: L44P i3/'Bj89 Check Classification(s): Subsurface Spray Irrigation Land Application Wastewater Classification: (Circle One) II III IV , Total Points: /b �•.►� � ; rr i � 1 1: : lu =►1 .�: 1■ � : ►•r •� 7..: 1.�► � • ' 1. �u I=u �•,► y ►. �►: � JI. �. SUBSURFACE CLASSIFICATION (check all units that apply) 1. septic tanks 2. pump tanks 3. siphon or pump -dosing systems 4. sand filters 5. grease trap/interceptor 6. oil/water separators 7. gravity subsurface treatment and disposal: 8. pressure subsurface treatment and disposal: SPRAY IRRIGATION CLASSIFICATION (check all units that apply) 1. preliminary treatment (definition no. 32 ) 2. lagoons 3. septic tanks 4. pump tanks 5. pumps 6. sand filters 7, grease trap/interceptor 8. oil/water separators 9. disinfection 10. chemical addition for nutrient/algae control 11. spray irrigation of wastewater In addition to the above classifications, pretreatment of wastewater In excess of these components shall be rated using the point rating system and will require an operator with an appropriate 'dual certification. LAND APPLICATION/RESIDUALS CLASSIFICATION (Applies only to permit holder) 1. Land application of biosolids, residuals or contaminated soils on a designated site. ------------------------------------------------------------- WASTEWATER TREATMENT FACILITY CLASSIFICATION The following systems shall be assigned a Class I classification, unless the flow is of a significant quantity or the technology is unusually complex, to require consideration by the Commission on a case -by -case basis: (Check if Appropriate) 1. Oil/water Separator Systems consisting only of physical separation, pumps and disposal; 2. Septic Tank/Sand Filter Systems consisting only of septic tanks, dosing apparatus, pumps,sand filters, disinfection and direct discharge; 3• Lagoon Systems consisting only of preliminary treatment, lagoons, pumps, disinfection, necessary chemical treatment for algae or nutrient control, and direct discharge; 4. Closed -loop Recycle Systems; 5. Groundwater Remediation Systems consisting only of oil/water separators, pumps, air -stripping, carbon adsorption, disinfection and disposal; 6. Aquaculture operations with discharge to surface waters; 7. Water Plant sludge handling and back -wash water treatment; 8. Seafood processing consisting of screening and disposal. g. Single-family discharging systems, with the exception of Aerobic Treatment Units, will be classified if permitted after July 1, 1993 or it upon inspection by the Division, it is found that the system is not being adequately operated or maintained. Such systems will be notified of the classification or reclassification by the Commission, in writing. (15) Electrodlalysis. Process for removing Ionized salts from water through the use of ion-selecttve Ion -exchange membranes: (16) Filter Press. A process operated mechanically for partially dewatering sludge; (17) Foam Separation. The planned frothing of wastewater or wastewater effluent as a means of removing excessive amounts of detergent materials through the introduction of air In the form of fine bubbles; also called foam fractionation; (18) Grit Removal. The process of removing grit and other heavy mineral matter from wastewater; (19) Imhoff Tank. A deep two story wastewater tank consisting of an upper sedimentation chamber and a lower sludge digestion chamber. (20) Instrumented Flow Measurement. A device which Indicates and records rate of flow; (21) Ion Exchange. A chemical process in which ions from two different molecules are exchanged; (22) Land application: (a) Sludge Disposal. A.final sludge disposal method by which wet sludge may be applied to land either by spraying on the surface or by subsurface injection (i.e., chisel plow); [not applicable for types of sludge described In (11) of this Rule]; (b) Treated Effluent. The process of spraying treated wastewater onto a land area or other methods of application of wastewater onto a land area as a means of final disposal or treatment; (23) Microscreen. A low speed, continuously back -washed, rotating drum filter operating under gravity conditions as a polishing method for removing suspended solids from effluent; (24) Nitrification Process. The biochemical conversion of unoxidized nitrogen (ammonia and organic nitrogen) to oxidized nitrogen (usually nitrate); (25) Nitrogenous Stage. A separate stage of wastewater treatment designed for the specific purpose of converting ammonia nitrogen to nitrate nitrogen; (26) Phosphate Removal, Biological. The removal of phosphorus from wastewater by an oxidanoxic process designed to enhance luxury uptake of phosphorus by the microorganisms; (27) Polishing Pond: A holding pond following secondary treatment with sufficient detention time to allow settling of finely suspended solids; (28) Post Aeration. Aeration following conventional secondary treatment units to Increase effluent D.O. or for any other purpose; (29) Post Aeration. (Cascade) A polishing method by which dissolved oxygen is added to the effluent by a nonmechanical, gravity means of flowing down a series of steps or weirs; The flow occurring across the steps or weirs moves in a fairly thin layer and the operation of the cascade requires no operator adjustment; thus, zero points are assigned even though this Is an essential step to meeting the limits of the discharge permit; (30) Powdered to Granular Activated Carbon Feed. A biophysical carbon process that utilizes biological activity and organic absorption by using powdered or granular activated carbon- Virgin or regenerated carbon is feed controlled into the system; (31) Preaeration. A tank constructed to provide aeration prior to primary treatment; (32) Preliminary Units. Unit operations in the treatment process, such as screening and comminution, that prepare the liquor for subsequent major operations; (33) Industrial Pretreatment. (a) Pre-treatment Unit, Industrial. The conditioning of a waste at its source before discharge, to remove or to neutralize substances Injurious to sewers and treatment processes or to effect a partial reduction in load on the treatment process which is operated by the same governing body as the wastewater treatment plant being rated; b) Pre-treatment Program, Industrial - must be a State or EPA required program to receive points on the rating sheet;_ (34) Primary Clarifiers. The first settling tanks through which wastewater is passed in a treatment works for the purpose of removing settleable and suspended solids and BOD which is associated with the solids; (35) Pumps. All influent, effluent and in -plant pumps; (36) Radiation. Disinfection or sterilization process utilizing devices emining ultraviolet or gamma rays; (37) Reverse Osmosis. A treatment process in which a heavy contaminated liquid is pressurized through a membrane forming nearly pure liquid free from suspended solids; (38) Rotating Biological Contractors. A fixed biological growth process in which wastewater flows through tanks in which a series of partially submerged circular surfaces are rotated; (39) Sand Filters: (a) Intermittent Biological. Filtration of effluent following septic tanks, lagoons, or some other treatment process In which further biodecomposition is expected to produce desired effluents; Hydraulic loading rates on these filters are computed in gpd/ac and have a resulting low gpm/sf (less than one); b) Recirculating biological - the same type of sand filter as defined in Subparagraph (39) (a) of this Rule with the added capability to recycle effluent back through the sand filter; (40) Sand or Mixed -Media Filters. A polishing process by which effluent limits are achieved through a further reduction of suspended solids; (a) low rate — gravity, hydraulically loaded filter with loading rates in the one to three gpm/sf range; (b) high rate -- a pressure, hydraulically loaded filter with loading rates in the five gpm/sf range; At any rate, the loading rate will exceed three gprrJsf; (41) Secondary Clarifiers. A'tank which follows the biological unit of treatment plant and which has the purpose of removing sludges associated with the biological treatment units; (42) Separate Sludge Reaaration. A part of the contact stabilization process where the activated sludge is transferred to a tank and aerated before returning it to the contact basin; (43) Septic Tank A single -story settling tank in which settled sludge is in contact with the wastewater flowing through the tank; shall not be applicable for septic tank systems serving single family residences having capacity of 2,000 gallons or less which discharge to a nitrification field; (44) Sludge Digestion. The process by which organic or volatile matter and sludge is gasified, liquefied, mineralized or converted into more stable organic matter through the activity of living organisms, which Includes aerated holding tanks; (45) Sludge Drying Beds. An area comprising natural or artificial layers of porous materials upon which digested sewage sludge Is dried by drainage and evaporation- (46) Sludge Elutriation. A process of sludge conditioning in which certain constituents are removed by successive washings with fresh water or plant effluent; (47) Sludge Gas Utilization. The process of using sewage gas for the purpose of heating buildings, driving engines, etc.; (48) Sludge Holding Tank (Aerated and Nonaerated). A tank utilized for small wastewater treatment plants not containing a digester In which sludge may be kept fresh, and supernatant withdrawn prior to a drying method (Le. sludge drying beds); This may be done by adding a small amount of air simply to keep the sludge fresh, but not necessarily an amount that would be required to achieve stabilization of organic matter. A nonaerated tank would simply be used to decant sludge prior to dewatering and would not allow long periods (several days of detention) without resulting odor problems; (49) Sludge Incinerators. A furnace designed to bum sludge and to remove all moisture and combustible materials and reduce the sludge to a sterile ash; (50) Sludge Stabilization (Chemical or Thermal). A process to make treated sludge less odorous and putrescble, and to reduce the pathogenic organism content; This may be done by pH adjustment, chlorine dosing, or by heat treatment; (51) Sludge Thickener. A type of sedimentation tank in which the sludge Is permitted to settle and thicken through agitation and gravity; (52) Stabilization Lagoon. A type of oxidation lagoon in which biological oxidation of organic matter Is effected by natural transfer of oxygen to the water from air (not a polishing pond); (53) Stand -By Power Supply. On site or portable electrical generating equipment; (54) Static Screens. A stationary screen designed to remove solids, including non -biodegradable particulate (floatable solids, suspended solids and BOD reduction) from municipal and industrial wastewater treatment systems; (55) Tertiary Treatment. A stage of treatment following secondary which is primarily for the purpose of effluent polishing; A settling lagoon or sand or coal filter might be employed for this purpose; (56) Thermal Pollution Control Device. A device providing for the transfer of heat from 'a fluid flowing In tubes to another fluid outside the tubes, or vice versa; or other means of regulating liquid temperatures; (57) Thermal Sludge Conditioner. A conditioning process by which heat Is added for a protracted period of time to improve the dewaterabillty of sludge by the solubilizing and hydraulizing of the smaller and more highly hydrated sludge particles; (58) Toxic Materials. Those wastes or combinations of wastes, including disease -causing agents which after discharge and upon exposure, ingestion, Inhalation or assimilation into any organism, either directly from the environment or indirectly by ingestion through food chairs, will cause death, disease, behavioral abnormalities, cancer, genetic mutations, physiological malfunctions (Including malfunctions In reproduction) or physical deformations, in such organisms or their offspring; Toxic materials Include, by way of Illustration and not limitation: lead, cadmium, chromium, mercury, vanadium, arsenic, zinc, ortho-nitn}chloroben2ene (ONCE), polychlorinated biphenyls (PCBs) and dichlorodiphenyl trlchloroethane (DDT); and any other materials that have or may hereafter be determined to have toxic propertles- (59) Trickling Filter. A biological treatment unit consisting of a material such as broken stone or rock over which wastewater is distributed; A high rate trickling filter Is one which operated at between 10 and 30 mgd per acre. A low rate trickling filter is one which is designed to operate at one to four mgd per acre; (60) Trickling Filter (Packed Tower). A plug iol type of operation In which wastewater (lows down through successive layers of media or filtrate material; Organic material Is removed continually y by the active biological fixed growth In each successive layer. This method may adapted to produce a nitrified effluent; (61) Vacuum Finer. CentrHu y produce 'secondary• quality effluent, or may be or further treatment. Centrifuges. or Finer Presses. Devices which are designed to remove excess water from either digested or undigested sludge prior to disposal State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Wayne McDevitt, Secretary A. Preston Howard, Jr., P.E., Director July 1, 1998 r Mr. Leonard A. Yelton Whispering Pines Rest Home 1056 College Avenue Shelby, North Carolina 28150 NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES 'QlUL 6 1998 5f aa;w�.�.E kc�r�Ttt'It Q'tEiGE Subject: NPDES Permit Renewal Application Permit NCO063797 Whispering Pines Rest Home Cleveland County Dear Mr. Yelton: The Division received your permit renewal application and renewal fee of $200.00 (paid by check #3905) on June 24, 1998. Thank you for submitting this package in a timely fashion. The permit renewal for this facility has been assigned to Bethany Bolt of the NPDES Unit. Ms, Bolt will contact you if further information is needed to complete the permit renewal. If you have any additional questions concerning renewal of the subject permit, please contact Ms. Bolt at (919) 733- 5083, extension 551. Sincerely, v Wei ` / Charles H. Weaver, Jr. NPDES Unit cc: Central Files �oesvrlle; Regional Office, Water Quality_ Section J NPDES File Richard Hughes, Culligan Operating Services, Inc. 207 Duncan Hill Road Hendersonville, NC 28792 P.O. Box 29535, Raleigh, North Carolina 27626-0535 919 733-5083, extension 511 (fax) 919 733-0719 An Equal Opportunity Affirmative Action Employer Charles_Weaver@h2o.enr.state.nc.us a" A WHISPERING PINES REST HOME 1056 COLLEGE AVE. SHELBY, NORTH CAROLINA 28150 June 19, 1998 Mr. Charles H. Weaver Jr. NPDES Unit State of North Carolina Department of Environment & Natural Resources Division of Water Quality P. O. Box 29535 Raleigh, North Carolina 27626-0535 (919) 733-5083 Ext 511 Fax (919) 733-0719 Dear Sir, This is a request for renewal of NPDES Permit # NC0063797, Whispering Pines Rest Home. Leonard A Yelton is owner of said Waste Treatment Works, located at 1056 College Ave., Shelby, North Carolina 28150, in Cleveland County. Their have been no changes or modifications to the facility since issuance of last permit. I would also like to request that sampeling frequencies and limitations remain the same for the next permit period. Sincerely, Richard J. Hughes ORC, Whispering Pines Rest Home Culligan Operating Services 207 Duncan Hill Road Hendersonville, North Carolina (800)231-8889 cc: Leonard A Yelton J. vrfi a - Sludge Management Plan Sludge is collected in a 2500-gallon septic tank, to approximately 38% full, then the contents are pumped by a sludge hauling contractor, licensed to do business in North Carolina. Currently we use Liquid Waste of Charlotte, North Carolina. Sludge is hauled for ultimate disposal at McAlpine Creek. Wastewater Treatment Plant, located in Charlotte, North Carolina Whispering ines Rest Home Discharge Point 001 NPDES No.: NCO063797 LAT. 35014' ST LONG: 810 3T 20" 835 112 \�1—'�1— B22 u �� . 3"99 3398 10000 FEET (S. C.) v � •i ��Bre � � o • 3397 o 12r30"3996 �o � . � •. � ee Qhi`. �l / I ! 839, 20 ate, • � l._J o y C s as If -,mil--- } �. CULLIGAN OPERATING SERVICES, INC 207 DUNCAN HILL ROAD HENDERSONVILLE, NC 28792 PH: 800-231-8889 FAX: 704-696-9545 To Our Clients: We have been asked by the North Carolina Department of Environment and Natural Resources to have our clients authorize us to sign the Permittee's name on the monthly monitoring report for your wastewater treatment plant that we complete for you and mail to the State. If you prefer, we will send the completed forms to you for your signature. You would then need to mail them to the State in duplicate. Please indicate your preference on the form below and return to us. Kevin M. Jones Regional Manager Mid -Atlantic Region Culligan Operating Services, Inc. I/we owners and/or permittee for lw;s ,BLS �A-bryle=- Name of Facility Wastewater Treatment Plant located in 1 0� �_ �. c G I, r- Aj1 C Address 2g 16-1- Permit No.W4 OoC 37 ` -7 do /do not authorize Culligan Operating Services, Inc. to sign our completed monthly monitoring report prior to which they will submit to the proper regulatory agency. L< --1/- 9� Date Authorized Si afore ��1,22d11tness - h��f - S' jo.'O%cC . RESIDENTIAL, COMMERCIAL, INDUSTRIAL WATER TREATMENT PRODUCTS AND SERVICES CULLIGAN DEALERSHIPS ARE INDEPENDENTLY OPERATED NPDES PERMIT APPLICATION - SHORT FORM D To be filed only by dischargers of 100% domestic wastewater (<1 MGD flow) N. C. Department of Environment and Natural Resources Division of Water Quality / NPDES Unit P. O. Box 29535, Raleigh, NC 27626,0535 North Carolina NPDES Permit Number I NC00 4� 3 717 (if known) 1. Mailing address of applicant: Facility Name Owner Name Street Address City State ZIP Code Telephone Number Fax Number e-mail Address Please print or type &JAI 4 --- r�r (n / rj L S ! ; " 17 L� UnAdeel A � /ToPJ 2. Location of facility producing discharge: Name (If different from above) Facility Contact Person Street Address or State Road City / Zip Code County Telephone Number 3. Reason for application: F-;_c1F--,,YTTnper_Yn4tedT- Dischnrgo Renewal New Facility * Please provide a description of the expansion/modification: 4. Description of the existing treatment facilities (list all installed components with capacities): S �'Oi�Js.sis �Rb &i e--- A /ocA)/'oc Page 1 of 2 Version 9197 NPDES PERMIT APPLICATION - SHORT FORM D To be filed only by dischargers of 100% domestic wastewater (<1 MGD flow) 5. Description of wastewater (check all that apply): Type of Facility Generating Wastewater "Industrial Number of Employees Commercial Number of Employees Residential Number of Homes School Number of Students/Staff Other X, Describe the source(s) of wastewater' (example: subdivision, mobile home park, etc.): X-� 51, /%arm f 6. Number of separate wastewater discharge pipes (wastewater outfalls): G�O / 7. If the facility has multiple dischargeoutfalls, record the source(s) of wastewater for each outfall: Al 8. Name of receiving water(s) (Provide a map showing the exact location of each outfall): rN 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 of Applicant 6,—�2J_- Date Signed North Carolina General Statute 143-215.6(b)(2) provides that: Any person who knowingly makes any false statement representation, or certification in any application, record, report, plan, or other document files or required to be maintained under Article 21 or regulations of the Environmental Management Commission implementing that Article, or who falsifies, tampers with, or knowingly renders inaccurate any recording or monitoring device or method required to be operated or maintained under Article 21 or regulations of the Environmental Management Commission implementing that Article, shall be guilty of a misdemeanor punishable by a fine not to exceed $10,000, or by imprisonment not to exceed six months, or by both. (18 U.S.C. Section 1001 provides a punishment by a fine of not more than $10,000 or imprisonment not more than 5 years, or both for a similar offense.) Page 2 of 2 Version 9197 State of North Carolina Department of Environment and Natural Resources Division of Water Quality _games B. Hunt, Jr., Governor Wayne McDevitt, Secretary A. Preston Howard, Jr., P.E., Director ? ,eonard A. Yelton Whispering Pines Rest Home 1056 College Avenue Shelby, NC 28150 'ear Permittee: &T4•• NC DENR May 11, 1998 15 1998 F [aa+nl 5:';tf3•.',i 4'�f7:. e Subject: Renewal of NPDES Permit No. NCO063797 Whispering Pines Rest Home Cleveland County .he subject permit expires on December 31, 1998. North Carolina General Stature 143.215.1(c) requires that an ,aplication for permit renewal be filed at least 180days prior to the expiration date. Po satisfy this requirement, your renewal package must be sent to the Division postmarked no later than July 4, 1.998. Failure to request renewal by July 4, 1998 will result in a civil assessment of at least $250.00. Larger enalties may be assessed depending upon the delinquency of the request. i` any wastewater discharge will occur after December 31, 1998 (or if continuation of the permit is desired), the ermit must not be allowed to expire. Operation of waste treatment works or continuation of a discharge after acember 31, 1998 would violate NCGS 143-215.1 and could result in assessment of civil penalties of up to 10,000 per day. AV all wastewater discharge has ceased at the subject facility and you wish to rescind this permit, contact Robert 'armer of the Division's Compliance Enforcement Unit at (919). 733-5083, extension 531. You may also contact ._ie Mooresville Regional Office at (704) 663-1699 to begin the rescission process. Jse the enclosed checklist to complete your renewal package. The checklist identifies the items which you must ibmit when applying for renewal of the subject permit. you have any questions, please contact me. My telephone number, fax number and e-mail address are listed ,>.low. "3)incerely, Charles H. Weaver, Jr. NPDES Unit =c Central Files Rooresv e:Regional-0 fi ecec Water Quality Section P.O. Box 29535, Raleigh, North Carolina 27626-0535 919 733-5083, extension 511 (fax) 919 733-0719 An Equal Opportunity Affirmative Action Employer Charles_Weaver@h2o.enr.state.nc.us NC DENR / DWQ / NPDES Permit Renewal Applications Renewal Package Checklist NPDES Permit No. NCO063797 Whispering Pines Rest Home Cleveland County The following items are REQUIRED for all renewal packages: F-1 A cover letter requesting the renewal and documenting any changes at the facility since issuance of the last permit. Submit one signed original and two copies. F-1 The completed application form (copy attached), signed by the permittee or an Authorized Representative. Submit one signed original and two copies. If an Authorized Representative is preparing the renewal package, documentation must be provided from the permittee defining the person or company preparing the renewal package as an Authorized Representative (see Part II.B.1Lb. of the NPDES permit). F-1 A renewal fee of $200 in accordance with 15A NCAC 2H .0105(b). The fee is based on wastewater flow from the Whispering Pines Rest Home discharge. Make checks payable to NC DENR. See the note below concerning fee amounts. ❑ A narrative description of the sludge management plan at the subject facility. If your facility has no sludge management plan, explain the reason for this in your cover letter. Submit one original and two copies. The following requirement does NOT apply to municipal or non -industrial facilities. The following item applies to Industrial facilities only: ❑ Industrial facilities classified as Primary Industries (listed in Appendix A of Title 40 of the Code of Federal Regulations, Part 122) must submit a Priority Pollutant Analysis in accordance with 40 CFR Part 122.21. Send the completed renewal package and appropriate fee to: Mr..Charles H. Weaver, Jr. NC DENR / DWQ / NPDES P.O. Box 29535 R Raleigh, North Carolina 27626-0535 For renewal packages postmarked on or prior to July 4,1998, submit a fee of $200. For renewal packages postmarked AFTER July 4, 1998, submit a fee of $400. State of North Carolina V Department of Environment, Health and Natural Resouroas*WT- L Division of Environmental�0�� James B. Hunt, Jr. -Governor v. Jonathan B. Howes, Secretary Via A. Preston Howard, Jr., P.E., Director RVIS1011 OF ElIVIROVENTAL MANAGEMINI M11011ESVILLE RE0IORk O�IICE Leonard A. Yelton 1056 College Avenue Shelby, NC 28150 Dear Mr. Yelton: &1ffl1.9?FA 17 614 IDEHNR February 28, 1994 Subject: Permit No. NCO063797 Whispering Pines Rest Home Cleveland County In accordance with your application for discharge permit received on June 18, 1993, we are forwarding herewith the subject state - NPDES permit. This permit is issued pursuant to the requirements of North Carolina General Statute 143-215 .1 and the Memorandum of Agreement between North Carolina and the US Environmental Protection agency dated December 6, 1983. 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, Post Office Drawer 27447, Raleigh, North Carolina 27611 -7447. Unless such demand is made, this decision shall be final and binding. Please take notice this permit is not transferable. Part H, E.4. addresses the requirements to be followed in case of change in ownership or control of this discharge. This permit does not affect the legal requirements to obtain other permits which may be required by the Division of Environmental Management or permits required by the Division of Land Resources, 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 Mr. Sean Goris at telephone number 919l733-5083. ( Sinc�efe&iad By Origins Coleen H. Sullins A. Preston Howard, Jr. cc: Mr. Jim Patrick, EPA ,X.4�oo'�r svisl�le Raji 0-Office P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-7015 FAX 919-733-2496 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper - Permit No. NCO063797 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATURAL RESOURCES DIVISION OF ENVIRONMENTAL MANAGEMENT PERMIT N.C. DEPT. of TO DISCHARGE WASTEWATER UNDER THE ENVIRONMENT, HEALTH; & NATURAL_ R1i soURCEB NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM _ _ 4 2 ' �4 DIVISION OF ENVIRONMENTAL MANAGEIRIIT In compliance with the provision of North Carolina General Statute 143-215.1, r1QQRESAIILE REG;O;,;tL OFFICE - other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, Mr. Leonard Yelton is hereby authorized to discharge wastewater from a facility located at Whispering Pines Rest Home 1056 College Avenue Shelby Cleveland County to receiving waters designated as Sugar Branch in the 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 April 1, 1994 This permit and the authorization to discharge shall expire at midnight on December 31, 1998 Signed this day February 28; 1994 Original Signed By Coleen H. Sullins A. Preston Howard, Jr., P.E., Director Division of Environmental Management By Authority of the Environmental Management Commission Permit No. NC0063797 SUPPLEMENT TO PERMIT COVER SHEET Mr. Leonard Yelton is hereby authorized to: 1. Continue to operate an existing wastewater treatment system consisting of a septic tank, surface sand filter, and tablet chlorinator located at Whispering Pines Rest Home, 1056 College Avenue, Shelby, Cleveland County (See Part III of this Permit), and 2. Discharge from said treatment works at the location specified on the attached map into Sugar Branch which is classified Class C waters in the Broad River Basin. r JI ' 800 1CP- 390Q000m.N r .-- __ •� •� f Whispering Pines Rest Home Discharge Point 001 NPDES No.: N00063797 LAM 350 14' 52" LONG: 810 37' 20" 835 .�J 1142 --•----•----•--- urse Q 822 'n� �780 / �•• 1$ 1148 3899 i � I � � 'sO • � 'cb � � - 1�. 0 • ` :1 A U ��) 1\ � r v � �l 1 7 „ oo 3898 810 000 FEET ' / \°\\ a � 76 a 31d� 12` 30" ee - 38g0 0 ujj _ i A. (). EIF LUENT LIMITATIONS AND MONITORING REQUIREMENTS FINAL Permit No. NCO063797 During the period beginning on the effective date of the permit and lasting until expiration, the Permittee is authorized to discharge from outfall(s) serial number 001. Such discharges shall be.limited and monitored by the permittee as specified below: Effluent Characteristics Discharge Limitations Monitoring Requirements Measurement SamRle, *Sample Monthly Avg, Weekly Avg, Daily Max Freguency Ty"e Location Flow 0.0025 MGD Weekly Instantaneous I or E BOD, 5 day, 200C 30.0 mg/I 45.0 mg/I 2/Month Grab E Total Suspended Residue 30.0 mg/I 45.0 mg/I 2/Month Grab E NH3 as N Monthly Grab E Fecal Coliform (geometric mean) 200.0 /100 ml 400.0 /100 ml 2/Month Grab E Total Residual Chlorine 2/Week Grab E Temperature Weekly Grab E *Sample locations: E - Effluent, I - Influent There shall be no discharge of floating solids or visible foam in other than trace amounts. PART Section B. Schedule of Compliance 1. The permittee. shall comply with Final Effluent Limitations specified for discharges in accordance with the following schedule: Permittee shall comply with Final Effluent Limitations by the effective date of the permit unless specified below. 2. Perrnittee shall at all times provide the operation and maintenance necessary to operate the existing facilities at optimum efficiency. V . No later than 14 calendar days following a date identified in the above schedule of compliance, the permittee shall submit either a report of progress or, in the ca.se of specific actions being required by identified dates. a written notice of compliance or noncompliance. In the latter case, the notice shall include the cause of noncompliance, any remedial actions taken, and the probability of meeting the next schedule requirements. Part II Page 1 of 14 PART II STANDARD CONDITIONS FOR NPDES PER -NUTS SECTIOti A. DEFINITIONS 1. Permit Issuing Authorit-• The Director of the Division of Environmental Management. 2. DEM or Division Means the Division of Environmental Management, Department of Environment, Health and Natural Resources. 3. ENIC Used herein me ---is the ?north Carolina Environmental Management Commission. 4. Act or "the .Act" The Federal '`eater Pollution Control Act, also known as the Clean'vVater Act, as amended. 33 USC 1251. et. seq. 5. Nlas�'Dav Nlea_su-ements The "month!% average discharge" is defined as the total mass of all daily discharges sampled anLL'or measured du-ing a calendar month on which daily discharges are sampled and measured. divided by the number of daily discharges sampled and/or measured during such month. It is therefore, an arithmetic mean found by adding the weights of the pollutant found each day of the month and then dividing this sum by the number of days the tests were reported. The limitation is identified as "Monthly Average" in Pan I of the permit. b. The "wee -1v average discharge" is defined as the total mass of all daily discharges sampled and/or measured during the calendar week (Sunday - Saturday) on which daily discharges are sampled and measured, divided by the number of daily' discharges sampled and/or measured during such week. It is, therefore, an arithmetic mean found by adding the weights of pollutants found each day of the week and then dividing this sum by the number of days the tests were reported. This limitation is identified as "Weekly Average" in Part I of the permit. c. The "maximum daily discharge" is the total mass (weight) of a pollutant discharged during a calendar day. If only one sample is taken during any calendar day the weight of pollutant calculated from it is the "maximum daily discharge." This limitation is identified as "Daily Maximum," in Part i of the permit. d. The "average annual discharge" is defined as the total mass of all daily discharges sampled and/or measured during the calendar year on which daily discharges are sampled and measured, divided by the number of daily discharges sampled and/or measured during such year. It is. therefore, an arithmetic mean found by adding the weights of pollutants found each day of the year and then dividing this sum by the number of days the tests were reported. This limitation is defined as "Annual Average" in Part I of the permit. Part II Page 2 of 14 6. Concentration Measurement a. The "average monthly concentration," other than for fecal coliform bacteria, is the sum of the concentrations of all daily discharges sampled and/or measured during a calendar month on which daily discharges are sampled and measured, divided by the number of daily discharges sampled and/or measured during such month (arithmetic mean of the daily concentration values). The daily concentration value is equal to the concentration of a composite sample or in the case of grab samples is the arithmetic mean (weighted by flow value) of all the samples collected during that calendar day. The average monthly count for fecal coliform bacteria is the geometric mean of the counts for samples collected during a calendar month. This limitation is identified as "Monthly Average" under "Other Limits" in Part I of the permit. b. The "average weekly concentration," other than for fecal coliform bacteria, is the sum of the concentrations of all daily discharges sampled and/or measured during a calendar week (Sundae/Saturday) on which daily discharges are sampled and measured divided by the number of daily discharges sampled and/or measured during such week (arithmetic mean of the daily concentration values). The daily concentration value is equal to the concentration of a composite sample or in the case of grab samples is the arithmetic mean (weighted by flow value) of all the samples collected during that calendar day. The average weekly count for fecal coliform bacteria is the geometric mean of the counts for samples collected during a calendar week. This limitation is identified as " Weekl), Average" under "Other Limits" in. Part I of the permit. c. The "maximum dailv concentration" is the concentration of a pollutant discharge during a calendar day. If only one sample is taken during any calendar day the concentration -of pollutant calculated from it is the "?Maximum Daily Concentration". It is identified as "Daily ?Maximum" under "Other Limits" in Part I of the permit. d . The "average annual concentration," other than for fecal coliform bacteria, is the sum of the concentrations of all daily discharges sampled and/or measured during a calendar year on which daily discharges are sampled and measured divided by the number of daily discharges sampled and/or measured during such year (arithmetic mean of the daily concentration values). The daily concentration value is equal to the concentration of a composite sample or in the case of grab samples is the arithmetic mean (weighted by flow value) of all the samples collected during that calendar day . The average yearly count for fecal coliform bacteria is the geometric mean of the counts for samples collected during a calendar year. This limitation is identified as "Annual Average" under "Other Limits" in Part I of the permit. e. The "daily average concentration" (for dissolved oxygen) is the minimum allowable amount of dissolved oxygen required to be available in the effluent prior to discharge averaged over a calendar day. If only one dissolved oxygen sample is taken over a calendar day, the sample is considered to be the "daily average concentration" for the discharge. It is identified as "daily average" in the text of Part I. The "quarterly average concentration" is the average of all samples taken over a calendar quarter. It is identified as "Quarterly Average Limitation" in the text of Part I of the permit. g. A calendar quarter is defined as one of the following distinct periods: January through March, April through June. Jul), through September, and October through December. Part II Page 3 of 14 7. Other ?Measurements Flow. (\IGD): The flow limit expressed in this permit is the 24 hours average floe, averaged monthly. It is determined as the arithmetic mean of the total daily flows recorded during the calendar month. b. An "instantaneous flow measurement" is a measure of flow taken at the time of sampling, when both the sample and flow v,-ill be representative of the total discharge. A "continuous flow measurement" is a measure of discharge flow from the facility which occurs continually without interruption throughout the operating hours of the facility. Flow shall be monitored continually except for the i.ifrequent times when there may be no flow or for infrequent maintenance activities on the :, Dw device. 8. Types of Samples a. Composite Sample: A composite sample shal. .: ;zt of: (1) a series of grab samples collected at equal tir ,e intervals over a 24 hour period of discharce and combined proportional to the rate of flow measured at the time of individual sample collection, or (2) a series of grab samples of equal volume collected over a 24 hour period with the time intervals between samples determined a preset number of gallons passing the sampling point. Flow measurement bets. - sample intervals shall be determined by use of a floN- recorder and totalizer, an" present gallon interval between sample collection fixed at no greater than 1/24 o expected total daily flow at the treatment system. or (3) a sincle. continuous sample collected o,.: '4 hour period proportional to the rate of flow. In accordance with (1) above. the time interval veen influent grab samples shall be no greater than once per hour, and the time interval tween effluent grab. samples shall be no greater than once per hour except at wastewater treatment systems having a detention time of Rreater than 24 hours. In such cases. effluent grab samples may be collected at time intenals evenly spaced over the 2.1 hour period which are equal in number of hours to the detention, time of the system in number of days. However, in no case may the time inten•al between effluent grab samples be greater than six (t;) hours nor the number of samples less than four (4) during a 24 hour sampling period. b. Grab Sample: Grab samples are individual samples collected over a period of time not exceeding 15 minutes; the grab sample can be taken manually. Grab samples must be representative of the discharge or the receiving waters. 9. Calculation of Means a Arithmetic Mean: The arithmetic mean of any set of values is the summation of the individual values divided by the number of individual values. b. Geometric Mean: The geometric mean of any set of values is the Nth root of the product of the individual values where 1\ is equal to the number of individual values. The geometric mean is equivalent to the antilog of the arithmetic mean of the logarithms of the individual values. Fot purposes of calculating the geometric mean, values of zero (0) shall be considered to be one (1). Pan II Page 4 of 14 Weighted by Flow 'Value: 'Weighted by flow value means the summation of each concentration times its respective flow divided by the summation of the respective flows. 10. Ca_]endar Dav A calendar day is defined as the period from midnight of one day until midnight of the next day. However, for purposes of this permit, any consecutive 24-hour period that reasonably represents the calendar day may be used for sampling. I I. Hazardous Substance A hazardous substance means an}- substance designated under 40 CFR Part 116 pursuant to Section 311 of the Clean Water Act. 12. Toxic Pollutant A toxic pollutant is any pollutant listed as toxic under Section 307(a)(1) of the Clean Water .Act. SECTION B. GENERAL. CONDITIONS 1. Duty.to Comply The permittee must comply with all conditions of this permit. Any permit noncompliance constitutes a violation of the Clean Water .Act and is grounds for enforcement action: for permit termination. revocation and reissuance, or modification; or denial of a permit renewal apr lication. The permittee shall comply with effluent standards or prohibitions established under section 30 7 (a) of the Clean Water Act for toxic pollutants and with standards for sev� age 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. The Clean Water Act provides that any person «-ho violates a permit condition is subject to a civil penalty not to exceed S25,000 per day for each violation. Any person who negligently violates any permit condition is subject to criminal penalties of S2,500 to S25,000 per day of violation, or imprisonment for not more than 1 year, or both. Any person who knowingly violates permit conditions is subject to criminal penalties of S5,000 to S50,000 per day of violation, or imprisonment for not more than 3 years, or both. Also, any person who violates a permit condition may be assessed an administrative penalty not to exceed S10,000 per violation with the maximum amount not to exceed $125,000. [Ref: Section 309 of the Federal Act 33 U.S.C. 1319 and 40 CFR 122.41 (a)] Under state law, a civil penalty of not more than ten thousand dollars ($10,000) per violation may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of a permit. ,[Ref: North Carolina General Statutes 143-215.6A] d. Any person may be assessed an administrative penalty by the Administrator for violating section 301, 362, 306, 307. 308, 318, or 405 of the Act, or anv permit condition or limitation implementing any of such sections in a permit issued under section 402 of the .Act. Administrative penalties for Class I violations are not to exceed $10,000 per violation, with the maximum arncunt of any Class I penalty assessed not to exceed $25,000. Part II Page 5 of 14 Penalties for Class II violations are not to exceed S10,000 per day for each day during Which the violation continues, with the maximum amount of any Class II penaliy not to exceed 5125,000. 2. Duty to NEticate The permittee shall take all reasonable steps to minimize or prevent any discharge or sludge use or disposal in violation of this permit which has a reasonable likelihood of adversely affecting human health or the environment. 3. Civil and Criminal Liability, Except as provided in permit conditions on "Bypassing" (Part II, C-4) and "Power Failures" (Part II, C-7), nothing in this permit shall be construed to relieve the permittee from any responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3, 143- 215.6 or Section 309 of the Federal Act. 33 USC 1319. Furthermore, the permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 4. Oil and Hazardous Substance Liability• 'nothing in this permit shall be construed to preclude the institution of any legal action or relieve the permittee from any responsibilities. liabilities. or penalties to which the permittee is or may be subject to under \CGS 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. Propem- Richts The issuance of this permit does not convey any property rights in either real or personal properr. or any exclusive privileges, nor does it authorize anv injury to private property or any invasion of personal rights. nor any infringement of Federal, State or local laws or regulations. 6. Onshore or Offshore Construction This permit does not authorize or approve the construction of any onshore or offshore physical structures or facilities or the undertaking of any work in any navigable waters. 7. Severability• The provisions of this permit are severable, and if any provision of this permit, or the application of any provision of this permit to any circumstances, is held invalid, the application of such provision to other circumstances, and the remainder of this permit, shall not be affected thereby. 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 to be kept by this permit. Part II Page 6 of 14 9. Duty to Rearipiv If the permittee wishes to continue an activity regulated by this permit after the expiration date of this permit, the permittee must apply for and obtain a new permit. 10. Expiration of Permit The permittee is not authorized to discharge after the expiration date. In order to receive automatic authorization to discharge beyond the expiration date, the permittee shall submit such information, forms, and fees as are required by the agency authorized to issue permits no later than 180 days prior to the expiration date. Any permittee that has not requested renewal at least 180 days prior to expiration. or any permittee that does not have a permit after the expiration and has not requested renewal at least 180 days prior to expiration, will subject the permittee to enforcement procedures as provided in NCGS 14;-215.6 and 33 USC 1251 et. seq. 11. Signatory Requirement All applications, reports. or information submitte:; to the Permit Issuing Authority shall be signed and certified. a. All permit applications shall be signed as follows: (I) 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 d`_ision making functions for the corporation, or (b) the manager of one or more man;:;::,�tunng production or operating facilities emplo}.inc, more than 250 persons or h a .;ng gross annual sales or expenditures exceeding 25 million (in second quarter l:' _' dollars), if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures. (2) For a partnership or sole proprietorship: by a general partner or the proprietor, respectively; or (3) For a municipalitN!. State, Federal. or other public agency: by either a principal executive officer or ranking elected official. b. All reports required by the permit and other information requested by the Permit Issuing Authority shall be signed by a person described above or by a duly authorized representative of that person. A person is a duly authorized representative only if: (1) The authorization is made in writing by a person described above; (2) The authorization specified either an individual or a position having responsibility for the overall operation of the regulated facility or activity, such as the position of plant manager, operator of a well or well field, superintendent, a position of equivalent responsibility, or an individual or position having overall responsibility for environmental matters for the company. (A duly authorized representative may thus be either a named individual or any individual occupying a named position.); and (3) The written authorization is submitted to the Permit Issuing Authority. Part II Page 7 of 14 c. Certification. Any person signing a document under paragraphs a. or b. of this section shall make the following certification: "I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision m 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. 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 mRegulations, Parts 122 and 123: Title 15A of the North Carolina Administrative Code, Subchapter 2H .0100; and Forth Carolina General Statute 143-215.1 et. a]. 14. Previous Permits All previous National Pollutant Discharge Elimination System Permits issued to this facility. whether for operation or discharge, are hereby revoked by issuance of this permit. [The exclusive authority to operate this facility arises under this permit. The authority to operate the facility under previously issued permits bearing this number is no longer effective. ] The conditions, requirements, terms, and provisions of this permit authorizing discharge under the National Pollutant Discharge Elimination System govern discharges. from this facility. SECTION C. OPER.ATION A\-D .\IAI\7EN.�\CE OF POLLUTION CONTROLS 1. Certified Operator Pursuant to Chapter 90A-44 of North Carolina General Statutes, and upon classification of the facility by the Certification Commission, the permittee shall employ a certified wastewater treatment plant operator in responsible charge (ORC) of the wastewater treatment facilities. Such operator must hold a certification of the grade equivalent to or greater than the classification assigned to the wastewater treatment facilities by the Certification Commission. The permi.ttee must also employ a certified back-up operator of the appropriate type and any 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 shall submit a letter to the Certification Commission which designates the operator in responsible charge within thirty days after the wastewater treatment facilities are 509� complete. Pan II Page 8 of 14 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) vA,hich are installed or used by the permittee to achieve compliance with the conditions of this permit. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures. This provision requires the operation of back-up or auxiliary facilities or similar systems which are installed by a permittee only when the operation is necessary to achieve compliance with the conditions of the permit. 3. Need to Halt or Reduce not a Defense It shall not be a defense for a permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the condition of this permit. 4. Bvpassing of Treatment Facilities a. Definitions (1) "Bypass" means the known diversion of waste streams from any portion of a treatment facility including the collection system, which is not a designed or established or operating mode for the facility. (2) "Severe property damage" means substantial physical damage to property. damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production. b. Bypass not -exceeding limitations. The permittee may allow any bypass to occur which does not cause effluent limitations to be exceeded, but only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the provisions of Paragraphs c. and d. of this section. c. Notice (1) Anticipated bypass. If the permittee kno�,s in advance of the need for a bypass, it shall submit prior notice, if possible at least ten days before the date of the bypass; including an evaluation of the anticipated quality and affect of the bypass. (2) unanticipated bypass. The permittee shall submit notice of an unanticipated bypass as required in Part II, E. 6. of this permit. (24 hour notice). d. Prohibition of Bypass (1) Bypass is prohibited and the Permit Issuing Authority may take enforcement action against a permittee for bypass, unless: (A) Bypass was unavoidable to prevent loss of life, personal injury or severe property damage; (B) There were no feasible alternatives to the bypass, such as the use of auxiliary treaonent faciiities, retention of untreated wastes or maintenance during normal Part II Page 9 of 14 periods of equipment downtime. This condition is not satisfied if adequate backup equipment should have been installed in the exercise of reasonable en2ineerinR Judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and (C) The perry ittee submitted notices as required under Paragraph c, of this section. (2) The Permit Issuing Authoritv may approve an anticipated bypass, after considering its adverse affects, if the Permit Issuing Authorit%- determines that it will meet the three conditions listed above in Paragraph d. (1) of this section. 5. Upsets a. Definition. "Upset " means an exceptional incident in :h.-re is unintentional and temporan- noncompliance with technoloRv based pet ;cent limitations because of factors beyond the reasonable control of the permittee r. :pset does not include noncompliance to the extent caused by operational error, : i.~r •perly designed treatment facilities, inadequate treatment facilities, lack of preventive _naintenance, or careless or improper operation. b. Effect of an upset. An upset constitutes an affirmative defense i action brought for noncompliance with such technolocv based permit effluent limitat if the requirements of paragraph c. of this condition are met. No determination made ng administrative review of claims that noncompliance was caused by upset, and i e an action for noncompliance, is final adnLnistrative action subject to judicial revie".'.. C. Conditions necessary for a demonstration of ups. : A permittee who wishes to establish the affirmat.ve defense of upset shall demonstrate. through properly signed, contemporaneous operating logs, or other relevant evidence that: (11 An upset occurred and that the permittee can identify the cause(s) of the upset; (2) The permittee facility was at the time being prorerly operated: and (3) The permittee submitted notice of the upset as required in Part II, E. 6. (b) (B) of this permit. (4) The permittee complied with any remedial measures required under Part II, B. 2. of this permit. d. Burden of proof. In any enforcement proceeding the permittee seeking to establish the occurrence of an upset has the burden of proof. 6. Removed Substances Solids. sludges, filter back; ash, or other pollutants removed in the course of treatment or control of wastP\vaters shall be utilized/disposed of in accordance with NCGS 143-215.1 and in a manner such as to prevent an), pollutant from such materials from entering waters of the Stan. or navigable waters of the United Staces. The permittee shall comply with all existing federal Pan II Page 10 of 14 regulations goyemin€ the disposal of sewage sludge -Upon promulgation of 40 CFR Part 503, any permit issued by the Permit Issuing Authority for the utilization/disposal of sludge may be reopened and modified. or revoked and reissued, to incorporate applicable requirements at 40 CFR Part 503. The permittee shall comply with applicable 40 CFR Part 503 Standards for the Use and Disposal of Sewage Sludge (when promulgated) within the time provided in the regulation, even if the permit is not modified to incorporate the requirement. The permittee shall notify the Permit Issuing Authority of any significant change in its sludge use or disposal practices. 7. Power Failures The permittee is responsible for maintaining adequate safeguards as required by DEl\1 Regulation, Title 15A. North Carolina Administrative Code, Subchapter 2H, .0124 Reliability, to prevent the discharge of untreated or inadequately treated wastes during electrical power failures either by means of alternate power sources, standby generators or retention of inadequately treated effluent. SECTION D. MONITORING AND RECORDS 1. Representative Sampling Samples collected and measurements taken, as required herein, shall be characteristic of the , ume and nature of the permitted discharge. Samples collected at a frequency less than daily shall be taken on a day and time that is characteristic of the discharge over the entire period which the sample represents. All samples shall be taken at the monitoring.points specified in this permit and, unless otherwise specified, before the effluent joins or is diluted by any other wastestream, bode of water, or substance. Nlonitoring points shall not be changed u?ithout notification to and the approval al of the Permit Issuing Authority. 2. Reportinz Nlonitoring results obtained during the previous month(s) shall be summarized for each month and reported on a monthly Discharge Monitoring Report (DN-IR) Form (DE'\1 No. MR 1, 1.1, 2, 3) or alternative forms approved by the Director. DE.\1, postmarked no later than the 30th day following the completed reporting period. The first DINTR 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: Division of Environmental Management Water Quality Section ATTENTION: Central Files Post Office Box 29535 Raleigh, North Carolina 27626-0535 3. Flow Measurements Appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges. The.devices shall be installed, calibrated and maintained to ensure that the accuracy of the measurements are consistent with the accepted capability of that type of device. Devices selected shall be capable of measuring flows with a maximum deviation of less than + 10% from the true discli-ige rates throughout the range of expected Part II Page 11 of 14 discharge volumes. Once -through condenser cooling water floe which is monitored by pump logs, or pump hour meters as specified in Part I of this permit and based on the manufacturer's pump curves shall not be subject to this requirement. 4. Test Procedures Test procedures for the analysis of pollutants shall conform to the EMC regulations published pursuant to 1�CGS 143-215.63 et. seq, the'Kater and Air Quality Reporting Acts, and to regulations published pursuant to Section 304(g), 33 USC 1314, of the Federal Water Pollution Control Act, as Amended, and Regulation 40 CFR 136; or in the case of sludge use or disposal, approved under 40 CFR 136, unless otherwise specified in 40 CFR 503, unless other test procedures have been specified in this permit. To meet the intent of the monitoring required by this permit, all test procedures must produce minimum detection and reporting levels that are below the permit discharge requirements and all data generated must be reported down to the minimum detection or lower reporting level of the procedure. If no approved methods are determined capable of achieving minimum detection and reporting levels below permit discharge requirements, then the most sensitive (method with the lowest possible detection and reporting level) approved method must be used. 5. Penalties for Tampering The Clean Water Act provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any monitoring device or method required to be maintained under this permit shall, upon conviction. be punished by a fine of not more than S10,000 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 520,000 per day of violation, or by imprisonment of not more than 4 years, or both. 6. Records Retention Except for records of monitoring information required by this permit related to the permittee's sewage sludge use and disposal activities, which shall be retained for a period of at least five years (or longer as required by 40 CFR 503), the permittee shall retain records of all monitoring information, including all calibration and maintenance records and all original strip chart recordings for continuous monitoring instrumentation, copies of all reports required by this permit, for a period of at least 3 years from the date of the sample, measurement, report or application. This period may be extended by request of the Director at any time. 7. Recording Results For each measurement or sample taken pursuant to the requirements of this permit, the permittee shall record the following information: a. The date, exact place, and time of sampling or measurements; b. The individual(s) who performed the sampling or measurements; c. The date(s) analyses were performed; d. The individual(s) who performed the analyses; e. The analytical techniques or methods used; and f. The results of such analyses. Pan II Page 12 of 14 8. Inspection and Entry The per r ittee 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 th— mirposes of assuring permit compliance or as otherwise authorized by the Clean `'Fate; 1:t. any substances or parameters at any location. SECTION E. REPORTE G REQLIREMEN7S 1. ChanRe in DischarLe All discharges authorized herein shall be consistent with the terms and conditions of this permit. The discharge of any pollutant identif:e in this permit more frequently than or at a level in excess of that authorized shall constitute a N iolation of the permit. 2. Planned Changes The permittee shall give notice to the Director as soon as possible of any planned physical alterations or additions to the permitted facility. Notice is required only when: a. The alteration or addition to a permitted facility may meet one of the criteria for determining Whether a facility is a new source in 40 CFR Pan 122.29 (b); or b. The alteration or addition could significantly change the nature or increase the quantity of pollutants discharged. This notification applies to pollutants which are subject neither to effluent limitations in the permit. nor to notification requirements under 40 CFR Part 122.42 (a) (1)• c. The alteration or addition results in a significant change in the permittee's sludge use or disposal practices, and such alternation, addition or change may justify the application of permit conditions that are different from or absent in the existing permit, including notification of additional use or disposal sites not reported during the permit application process or not reported pursuant to an approved land application plan. 3. Anticipated Noncompliance The permittee shall give advance notice to the Director of any planned changes in the permitted facility or activity which may result in noncompliance with permit requirements. 0 W rel 7 Part II Page 13 of 14 Transfers This permit is not transferable to an-y person except after notice to the Director. The Director may require modification or revocation and reissuance of the permittee and incorporate such other requirements as may be necessary; under the Clean Water Act. Monitoring Reports Monitoring results shall be reported at the intervals specified elsewhere in this permit. a. ?Monitoring results must be reported on a Discharge Monitoring Report (DMR) (See Part II. D. 2 of this permit) or forms provided by the Director for reporting results of monitoring of sludge use or disposal practices. b. If the permittee monitors any pollutant more frequently than required by the permit, using test procedures specified in Part II. D. 4. of this permit or in the case of sludge use or disposal. approved under 40 CFR 503, or as specified in this permit, the results of this monitoring shall be included in'calculation calculation and reporting of the data submitted in the DNIR. c. Calculations for all limitations wh�ich require averaging of measurements shall utilize an arithmetic mean unless otherwise s cified by the Director in the permit. Twenty-four Hour Reporting a. The pern-,ittee shall report to thei central office or the appropriate regional office any noncompliance which may endanger health or the environment. Any information shall be provided orally within 24 hours from the time the permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the permittee becomes aware of the circumstances. The written submission shall contain a description of the noncompliance, and its cause; the period of noncompliance, including exact dates and times, and if the noncompliance has no been corrected, the anticipated time it is expected to continue: and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance I b. The following shall be included as information which must be reported within 24 hours under this paragraph: (1) Any unanticipated bypass which exceeds any effluent limitation in the permit. I (2) Any upset which exceeds any effluent limitation in the permit. (3) Violation of a maximum daily diischarge limitation for any of the pollutants listed by the Director in the permit to be reported within 24 hours. c. The Director may waive the written report on a case -by -case basis for reports under paragraph b. above of this condition if the oral report has been received within 24 hours. Other ?noncompliance The permittee shall report all instances of noncompliance not reported under Part H. E. 5 and 6. of this permit at the time monitoring reports are submitted. The reports shall contain the information listed in Pan II. E. 6. of this permit. Pan II Pa`e 14 of 14 8. Other Informati,-n 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. 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. Anv occurrence at the water pollution control facility which results in the discharge of ZT 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 th ough the facility; or any other unusual circumstances. Any process unit failure, due to kno%� n or unknown reasons, that render the facility incapable of adequate wastewater treatment such as mechanical or electrical failures of pumps, aerators, compressors, etc. And- failure of a pumping station, sewer line, or treatment facility resulting in a by-pass direct]v to receiving waters without treatment of all or any portion of the influent to such station or facility. Persons reportin' such occurrences by telephone shall also file a written report in letter form within 5 days following first knowledge of the occurrence. 10. A� cilability of Re;,orts Except for data determined to be confidential under 1\CGS 143-215.3(a)(2) or Section 308 of the Federal Act. 33 "USC 1= 18, all reports prepared in accordance with the terms shall be available for public inspection at the offices of the Division of Environmental Management. 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 knov,,ingly 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 SI0,000 per violation, or by imprisonment for not more than two years per violation, or by both. PART III OTHER REQUIREMENTS No construction of wastewater treatment facilities or additions to add to the plant's treatment capacity or to change the type of process utilized at the treatment plant shall be begun until Final Plans and Specifications have been submitted .to the Division of Environmental Management and written approval and Authorization to Construct has been issued. The permittee shall, upon written notice from the Director of the Division of Environmental Management, conduct groundwater monitoring as may be required to determine the compliance of this NPDES permitted facility with the current groundwater standards. C. Changes in Discharges of Toxic Substances The permittee shall notify the Permit Issuing Authority as soon as it knows or has reason to believe: a.That any activity has occurred or will occur which would result in the discharge, on a routine or frequent basis, of any toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels"; (1) One hundred micrograms per liter (100 ug/1); (2)Two hundred micrograms per liter (200 ug/1) for acrolein and acrylonitrile; five hundred micrograms per liter (500 ug/1) for 2.4-dinitrophenol and for 2-methyl-4.6- dinitrophenol; and one milligram per liter (1 mg/1) for antimony; (3) Five (5) times the maximum concentration value reported for that pollutant in the permit application. b. That any activity has occurred or will occur which would result in any discharge, on a non -routine or infrequent basis, of a toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels"; (1) Five hundred micrograms per liter (500 ug/1); (2) One milligram per liter (1 mg/1) for antimony; (3) Ten (10) times the maximum concentration value reported for that pollutant in the permit application. D. Requirement to Continually Evaluate Alternatives to Wastewater Discharges The permittee shall continually evaluate all wastewater disposal alternatives and pursue the most environmentally sound alternative of the reasonably cost effective alternatives. If the facility is in substantial non-compliance with the terms and conditions of the NPDES permit or governing rules, regulations or laws, the permittee shall submit a report in such form and detail as required by the Division evaluating these alternatives and a plan of action within sixty (60) days of notification by the Division. PART IV ANNUAL ADMINISTERING AND COMPLIANCE MONITORING FEE REQUIREIviElv'TS A. The peimittee must pay the annual administering and compliance monitoring fee within 30 (thirty) days after being billed by the Division. Failure to pay the fee in a timely manner in accordance with 15A NCAC 2H .0105(b)(4) may cause this Division to initiate action to revoke the permit. SOC PRIORITY PROJECT: Yes If Yes, SOC No. To: Permits and Engineering Unit Water Quality Section Attention: Sean Goris Date: July 29, 1993 NPDES STAFF REPORT AND RECOMMENDATION County: Cleveland Permit No. NCO063797 PART I - GENERAL INFORMATION No X 1. Facility and Address: Whispering Pines Rest Home Route 3, Box 350� Shelby, North Carolina 28150 2. Date of Investigation: 07-29-93 3. Report Prepared By: G. T. Chen 11 4. Persons Contacted and Telephone Number: Mr. Billy Bridges, ORC, Hydrologic; (704) 482-2971 5. Directions to Site: From the intersection of East College Road (Highway 150) and Maple Springs Church Road/Poplar Church Road (SR 1151/1152) in southwestern Cleveland County, travel west on Highway 150 approximately 0.55 mile. Whispering Pines Rest Home is located on.the right (north) side of the road. 6. Discharge Point(s). List for all discharge points: Latitude: 350 14' 52" Longitude: 810 37' 20"- Attach a U.S.G.S. map extract, and indicate treatment facility site and discharge point on map. USGS Quad No.: G 12 NE USGS Name: Blacksburg North 7. Site size and expansion are consistent with application? Yes X No If No, explain: 8. Topography (relationship to flood plain included): Sloping south toward receiving stream -at the rate of 3 to 5%. The site is not in a flood plain. 9. Location of nearest dwelling: The Rest Home is located approximately 75 feet north of the facility. 10. Receiving stream or affected surface waters: Sugar Branch . a. Classification: C b. River Basin and Subbasin No.: Broad and 03-08-04 C. Describe receiving stream features and pertinent downstream uses: The receiving stream is a segment of Sugar.Branch which appeared to have a very good flow in spite of recent drought condition. Downstream users are unknown. PART II - DESCRIPTION OF DISCHARGE AND TREATMENT WORKS 1. a. Volume of wastewater to be permitted: 0.0025 MGD (Ultimate Design Capacity) b. What is the current permitted capacity of the wastewater treatment facility? 0.0025 MGD C. Actual treatment capacity of the current facility (current design capacity)? 0.0025 MGD d. Date(s) and construction activities allowed by previous Authorizations to Construct issued in the previous two years: N/A e. Please provide a description of existing or substantially constructed wastewater treatment facilities: The existing facility consists of a septic tank with dosing compartment, a flow diversion box, a surface sand filter bed with three (3) PVC distribution lines followed by tablet chlorination with contact chamber. f. Please provide a description of proposed wastewater treatment,facilities: N/A g. Possible toxic impacts to surface waters: N/A h. Pretreatment Program (POTWs only): N/A in development: approved: should be required: not needed: 2. Residuals handling and utilization/disposal scheme: a. If residuals are being land applied, please specify DEM Permit No.: Residuals Contractor: Telephone No.: NPDES Permit Staff Report Version 10192 Page 2 b. Residuals stabilization: PSRP: RFRP: Other: c. Landfill: d. Other disposal/utilization scheme (specify): Sludge is removed by Wesson Septic Tank Service and transported to a municipal facility (Shelby) for final disposal. 3. Treatment plant classification (attach completed rating sheet): Class I, see attached rating sheet 4. SIC Code(s): 8361 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: 11 Secondary: Main Treatment Unit Code: 44007 PART III - OTHER PERTINENT INFORMATION 1. Is this facility being constructed with Construction Grant Funds or are any public monies involved (municipals only)? N/A 2. Special monitoring or limitations (including toxicity) requests: N/A 3. Important SOC, JOC or Compliance Schedule dates: (please indicate) N/A 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. No alternatives. Spray Irrigation: Connection to Regional Sewer System: NPDES Permit Staff Report Version 10192 Page 3 Subsurface: Other Disposal Options: 5. Other Special Items: PART IV - EVALUATION AND RECOMMENDATIONS It is recommended that the permit be renewed as requested by the applicant. C" 66V-t- Signaturdof Report Preparer Water Quality Regi Date NPDES Permit Staff Report Version 10192 1 Supervisor Page 4 �vspgrl, 9- P,'ilcs kds-� A�me N NOEs No. NCoo 4 5 g 7 Cle ✓elal?d CouAfZ!4/ SHELBY 4 9 MI. BOILING SPRINGS 2.5 MI. 145000mE IKI 820000 FEET (S C ) 446 35' 447 'sy UNITED STATES `sas DEPARTMENT OF THE INTERIOR GEOLOGICAL SURVEY d 81°37' 3900000m.N. I /.. 3899 3898 810000 FEET (S. C.) 148 SHELBY 6 ftlf (S C.7 �6 0� � Sew os'a — 044 t c Name of Plant Owner or Contz Mailing Address County: /'��/ �t� Te1ephone:7/ NPDES Permit No. NC007 Nondisc. Per. No. Issue Date:_�;i990 Expiration Date:_ .Pe(f. Existing Facility_ New Facility Rated By: =_a y- lw Date:_ D7-.ZA f93 Reviewed (Train. & Cert.) Reg. Office Reviewed (Train. & Cert.) Central Office ORC ;11V Grade Plant Class: (circle one) (� II III IV Tota! Points l) ITEM POINTS (5) SECONDARY TREAT :PENT UNITS (1 ) Industrial Pretreatment Units and/or (a) Carbonacec•_s Stage Industrial Pretreatment Program (i)Aeralion - High Purity Oxygen System ..... 2C- (see definition No. 33) 4 Diffused Air System ......... , . 10 (2) DESIGN FLOW OF PLANT IN GPD Mechanical Air System (fixed, (not applicable to non -contaminated cooling waters, sludge floating or rotor) ............... 8 handling facilities for water purification plants, totally , Separate Sludge Reae;ration ..... 3 closed cycle systems (def. No. 11), and facilities (ii) Trickling Filler consisting only of Item (4) (d) or Items (4) (d) and (11) (d)) High Rate .................. . 7 0 20,000 .......................... Standard Rate ............... 5 20,001 -- 5o,000.......................... 2 Packed Tower............... 5 50,001 100,000.......................... 3 (iii) Biological Aerated Filler or Aerated 100.001 -- 250,000 ...........4 Biological Filler ....................... 1 0 250,001 -- 5o0,000 ............... 5 (iv) Aerated Lagoons ............. . ...... 10 500,001--1,000,000.......................... a 1,000,001 -- 2,000,000 (v) Ro;atir, Biological Contactors .......... 10 ........................ 10 2,000,001 (and up) - rate 1 point additional for each (vi) Sand Filters- 200,000 gpd capacity up to a maximum of 30 intermittent biological .... . CD Design Flow (gpd) S'�(� recirculating biological . 9 g . . .. 3 (3) PRELIMINARY UNITS (see definition no. 32) (vii) Stabiftalion Lagoons .................. . a) Bar Screens (VIII)(✓l crlfl e" ...... . .. . 5 ................................ 1 or . , (ix) Single stage system for combined (b) Mechanical Screens, Static Screens or carbonaceous removal of BOD end Comminuting Devices ........... 2 nitrogenous removal by nitrification (c) Gril Removal ..._ .................... . ...... 1 (see del. No. 12) (Points for this item or have to be in addition to items (5) (a) (d) Mechanical or A=_raled Grit Removal .......... 2 (i) through (5) (a) (viii) ................. 8 (e) Flow Measuring Device (x) Nulrien: additions to enhance BOD ....................... 1 or remova:........ .. ............. 5 (I) Instrumented Flow Measurement .. - .... • . • • 2 (xi) Biological Culture ('Super Bugs-) addition • • , (g) Preaeralion...........:.................... 2 to enhance organic compound removal ..... 5 (b) Nitrogenous Stage (h) Influent Flow Equalization ................... 2 (') Aeration - High Purity Oxygen System . .. . . 20 (i) Grease or Oil Separators - GravityDiffused . . . . . . 3 Air System ........... 10 . ,Mechanical .......... 3 Mechanical Air System (fixed, Dissolved Air Flotation. 8 floating, or rotor) ...... 8 (j) Prechlorination ............ Separate Sludge Reaeralion ..... 3 (i i) Trickling "Filter - (4j PRIMARY TREATMENT UNITS High Rate .............. 7 (a) Septic Tank (see definition no. 43) .... : ......... (b) Imhoff Tank Standard Rate ............ Packed Tower 5 ......... , (c) Primary Clarifiers ............................ 5 ............ (iii) Biological Aerated Filler or Aerated 5 (d) Settling Ponds or Settling Tanks for Inorganic Biological Filler - , , , , , • . • , , . - , - .. • • • • . • ... 10 Non -toxic Malerials (sludge handling facilities (iv Rot2tin; Biological Conlactors ............ 1 0 for water purification plants, sand, gravel, (v) Sand Fi;:er- stone, and other mining operations excepl intermittent biological . . . . . . . . 2 recrealional activities such as gem or gold recirculating biological ... ..... 3 mining) ...... 2 (vi) Clarifier ................................ 5 ;b) 1 t_H 1 1Hrt r vn mu Y/11V1 CU I IitATMENT UNIT (a) Activated Carbons Beds - (10) CHEMICAL ADDITION without carbon regeneration .:..... with carbon regeneration .5 SYSTEM (S) {See definition'No. 9) (nql applicable to chemical additions ...: _ .. 15 (b) Powdered or Granular AclivCarbon Feed - rated as item (3) W- (5) (a) (xi , 6 9 ) () (a)• (6) (b)• (7) (b)• (7) (e), () (a) without carbon regeneration ....:..... (9) (b), or (9) (c) 5 points each: List: , 5 with carbon regeneration .. (c) Air Stripping ................ ............. 15 . . . . . (d) D e nitrifica lion Process (separate process) .. _ , . 1 0 (e) Electrodialysis ...... . . . _ 5 (1) Foam Separation...... Ion Excha 5 (g) n (11j MISCELLANEOUS UNITS ' • ' • • • • - • • • • • • • • • ........... 5 (h) Land Application of Treated Effluent (a) Holding Ponds, Holding Tanks or Settling Pondsed (see definition no. 22b) (no[ applicable for for Organic or Toxic Materials including wastes from mining sand, gravel, stone and other similar mining operations containing nitrogen and/or phosphorous compounds operations) on agrictrllurally managed sites (See del. in amounts significantly greater than is common for domestic wastewater .........• (b) Effluent NW o. 4) . , , , , , • ...... . . ...... . .... 10 by high Flow Equalization (not applicable to storage basins which are inherent in (ii) rate infiltration on non -agriculturally land application systems). (c) Stage Discharge (not managed sites (includes rotary distributors applicable to storage basins inherent in land application and similar fixed nozzles stems systems) ........... systems ....................... (d) Pumps 4 (iii) by subsurface disposal (includes low pressure .........:................_...--- .....__...... .... _................................... (e) Stand -By Power Supply "" """"'—' pipe systems and gravity systems except at plants consisting of septic tank and nilriiica- ,,,,.,,-•..•• „ (►) Thermal Pollution Control Device :.................... ""'••••••••••••••••••• Lion lines only) ............. • .. • _ (i) Microscreens ........ 4 {j) Phosphorus Remo./al by Biological Processes 5 TOTAL POINTS --� (See def. No. 26) , , , - , • (k) Polishing Ponds - 20 _ without aeration ...... , 2 %vilh aeration CLASSIFICA7101.' - 0as .... , , , , 5 (i) Post Aeration -""•• cascade .....•.••.•.. ...--•......._._....___.__. 5 - 25 Points .................................... .............. 0 diffused or mechanical _....._._.... 26- 50 Points Class III....... """ . , - 5 (m) Reverse Osmosis ...... _........ 51- 65 Points Class IV,..,,,_••..• 5 (n) Sand or Mixed•Media Fillers -low rate _...................._. _ ....... 66- Up Points ..... ...... 2 high rate .......... 5 (o) Treatment processes for removal of Facilities having a rating of one through four points, inclusive, do not require a certified operator. metal or cyanide ..... ........................... ,15 (p) Treatment processes for Classification of all other facilities requires a comparable grade operator in responsible charge. removal of toxic materials other than metal or cyanide ......... 15 Facilities having an activated sludge SLUDGE TREATMENT a minimum classification of Classit process will be assigned (a) Sludge Digestion Tank - Heated ............ . . . 10 Facilities having treatment processes for the Aerobic ........... . . . . 5 Unheated removal of metal or cyanide will be assigned a minimum classification of Class it. ...... 3 (b) Sludge Siabilizalion (chemical or thermal) .... 5 Facilities having treatment (c) Sludge Drying Beds - Gravity .......... processes for the biological removal phosphorus will be „ 2 Vacuum Assisted assigned a minimum classification of Class ill i , . - • - (d) Sludge Elulriation 5 .... _ .. . (e) Sludge Conditioner (chemical or thermal) .. , • • _ _ _ 5 In -plant processes and related control (f) Sludge Thickener (gravity) ........ • 5 (9) Dissolved Air Flotation Unit equipment which are an integral part of industrial production shall not be considered waste treatment. Likewise, (not applicable to a unit rates as (3) (i) discharges of wastewater from residences having a design flow of 1.000 ... _ _ 8 (h) Sludge Gas Utilization (including gas storage) gpd or less, shall not be subject to rating. . _ • . 2 W Sludge Holding Tank - Aerated....... 5 Non -aerated....... 2 ADDITIONAL COMMENTS; _ _ (j) Sludge Incinerator - (no[ including activated carbon regeneration) . , , _ . 10 (k) Vacuum Filter, Centrifuge or Filter Press or other similar dewalering devices ............ . . . _ (9) SLUDGE DISPOSAL (including incinerated ash) 1 0 (a) Lagoons ................. ................. (b) Land Application (surface and subsurface) 'Pee definition 22a) ® -where the facility holds the land app. permit - 1 0 -by contracting to land a application operator who holds the land application permil .... . -land application of sludge by a contractor who does not hold the permit for the wastewater treatment facility where the sludge is generated . _ . , _ 10 _ .. (c) Landlifled (burial) ............................. (9) DISINFECTION 5 (a) Chlorination ...... 05 () Dechlorinalion .. _ _ , . - _ - - , ......... (c) Ozone ............ 5 (d) Radiation ............. . . .......... 5 FPState of North Carolina Department of Environment, Health and Natural Resources C_c��� ` • • Division of Environmental Management L James B. Hunt, Jr., r F F1 ` Jonathan B. Howes,, Secretary � C i1t11 A. Preston Howard, Jr„ P.E., Director C. 'DEi" k . OF NATURAZ I'ES AND JUL 1 2 1993 VU July 8, 1993 (SIGN OF :.: , tNr VDDRESVliL RFLIiIiiAL 0ifleE Mr. Leonard Yelton Subject: NPDES Permit Application Rt . 3, Box 350 NPDES Permit No . NC0063797 Shelby, NC 28150 Whispering Pines Rest Home Dear Mr. Yelton Cleveland County This is to acknowledge receipt of the following documents on June 18, 1993: Application Form Engineering Proposal (for proposed control facilities), Request for permit renewal, Application Processing Fee of $200.00, Engineering Economics Alternatives Analysis, Local Government Signoff, Source Reduction and Recycling, Interbasin Transfer, Other , The items checked below are needed before review can begin: Application Form , Engineering proposal (see attachment), Application Processing Fee of Delegation of Authority (see attached) Biocide Sheet (see attached) Engineering Economics Alternatives Analysis, Local Government Signoff, Source Reduction and Recycling, Interbasin Transfer, Other . P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-7015 FAX 919-733-2496 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper If the application is not made complete within thirty .(30) days, it will be returned to you and may be resubmitted when complete. This application has been assigned to Sean Goris (919/733-5083) of our Permits Unit for review. You wiii be advised ot any comments recommendations, questions or other information necessary for -the review of the application. I am, by copy of this letter, requesting that our Regional Office Supervisor prepare a staff report and recommendations regarding this discharge. If you have any questions regarding this applications, please contact the review person listed above. Si erely, Co een H. Sullins, P.E. CC: Mooresville Regional Office NORTH CAROLINA DEPT. OF NATURAL RESOURCES MD COMMUNITY DEYELOPMM ENVIRONMENTAL MANAGEMENT COKMISSION NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM APPLICATION FOR PERMIT TO DISCHARGE — SHORT FORM G FOR AUNCY USE to be filed only by services. wholesale and retail trade, and other commercial- establishments including vessels TEAR � M.� DAY Do not attempt to complete this fore without reading the accompanying instructionsa6j)0�OD Please print or type v 1. Name. address, and telephone number of facility producing discharge A. Name WhisperingPines Rest Home ' d. street address C. CI ty , Shelby�' 0. State N( Cleveland 28150 E. county F. Zi? G. Telephone No. 704 482 — 2971] Area Code 2- SIC (Leave blank) 3. Number of employees 4. Nature of business AMLIrAiION mmbER K:Coc DATE RECEIVES 3 o e- 5. {a) Check here if discharge occurs all year 6, or (b) Check the month($) discharge occurs: 1. O January 2. O February 3.0 March 4.0 Apri 1 5.0 May 6.0 June 7.0 July S. O August 9.0 Stptembtr 10.0 October 11. 0 Novw6er 12. 0 December - (c) Mow many days per week- 1.01 2.0 2-3 3.0 4-5 4.6 6-7 6. Types of waste water discharged to surface waters only (check as a "livable) 1") Flow, gallons per operating day Volume treated before discharging (percent) 0 i s cha rge per operating day 0.1.999 1000-49" 5900-i'999 10.000. 50.000 None 0.1- 30- 65- 95- 49.9'99 or, eaore 29.9 64.9 94.9 100 (1) (2) (3) (4) (6) (6) (i) (8) (9) (10) A. Sanitary. daily average X 1. Cooling water, etc., daily average C. Other discharge(s), . daily average; Specify D. Maximum per operat- ing day for combined discharge (all types) 7. if any of the types of waste identified in itas 6. either treated or am,- , treated, are discharged to places ether than Surface waters, chock below as applicable. Not Applicable taste water is discharged to: 0.1-999--_ (11 1000-4"9 (2) SODO-f199 (3) 10,00049."§ (4) So.000 or more (S) A. Min i w_ i pi 1 ttwrr Sys teu M; Ikw�•rgrwwr►rl rrll - C. Stptir tank V. Evaporation lagoon.or pond E. Other. specify: 8. huwber of separate discharge points: A. 81 s. O2-3 C.O 6-5 D.O 6 or sore 9. Name of receiving rater or waters Sugar Branch in the Broad River Basin .10. Does your discharge contain or is it possible for your discharge to contain one or wore of the following substances �Q as a result of your operations. activities, or processes: aam�enia, eyani73F alusinuw, beryllium. cadmium. chromium, copper, lead, wtrcu1ry. nickel, selenium, tine. phonols, oil and grease, and chlorine (residual). A. 6; et 9.0 no 1 certify that 1 am familiar with the informaation-contained in the application and that to the best of my knowledge and belief such information is true, complete, and accurate. n I Printed Kam of Person Signing PrES i d e.)U b j k 15 .'1r" V(1i N )/un C Title Date Appli atE ion Signed Al ignature 20f Applidwt ?north Carolina General Statute 143-215.6 (b) (2) provides that: Any person vho knowingly makes any false statement representation, or cert1fication in any applicat�on,'kecord, report, plan, or other document files or required to be maintained under Article 21 or regulations of the Environmental Management Commissiwon implecsnirtng that Article, or vho falsifiesk tampers uit:,, or knowly renders inaccurate any:recordin= or nonitori.0 #jevice or Method required to be nperated or maintained under AE5;tnle 2.1-. oc• regulations of the Environmental Managament Cocrsisx implementing that Article, ehali'be'' �tv-qf t -misdemeanor punishable by a -fine not to exceech $10,000, or by impri.sonm*nt'not to exceed six months, or by both. (la U.S.C. Section 1001 prow: a punishment by a fine of'not more than $10,000 or isrprisommsnt not nor* than 5 pears, or both. A.ur a similar offense.) State of North Carolina Department of Environment, Health and Natural Resources Mooresville Regional Office James B, Hunt, Jr., Governor Jonathan B. Howes, Secretary Vivian H, Burke, Regional Manager Mr. Leonard A. Yelton Whispering Pines Rest 1056 College Avenue Shelby, North Carolina Dear Mr. Yelton: A14 IDEHNR DIVISION OF ENVIRONMENTAL MANAGEMENT March 2, 1994 Home 28150 Subject: NPDES Permit No. NCO063797 Whispering Pines Rest Home Cleveland County, NC our records indicate that NPDES Permit No. NCO063797 was issued on February 28, 1994 for the discharge of wastewater to the surface waters of the State from your facility. The purpose of this letter is to advise you of the importance of the Permit and the liabilities in the event of failure to comply with the terms and conditions of the Permit. If you have not already done so, it is suggested that you thoroughly read the Permit. Of particular importance is Page 4. Page 4 sets forth the effluent limitations and monitoring requirements for your discharge(s). Your discharge(s) must not exceed any of the limitations set forth. The section headed "Monitoring Requirements" describes the measurement frequencies, sample types and sampling locations. Upon commencement of your discharge (or operation), you must initiate the required monitoring. The monitoring results must be entered on the reporting forms furnished to you by this Agency. If you have not received these forms, they should be arriving shortly. If you fail to receive the forms, please contact this Office as quickly as possible. I have enclosed a sample of the "Effluent" reporting form (DEM Form MR-1), plus instructions for completing the form. It is imperative that all applicable parts be completed, and the original and one copy be submitted as required. The remaining Parts of the Permit set forth definitions, general conditions and special conditions applicable to the operation of wastewater treatment facilities and/or discharge(s). The conditions include special reporting requirements in the event of noncompliance, bypasses, treatment unit/process failures, etc. Also addressed are requirements for a certified wastewater treatment plant operator if you are operating wastewater treatment 919 North Main Street, Mooresville, North Carolina 28115 Telephone 704-663-1699 FAX 704-663-6040 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper Mr. Leonard A. Yelton Page Two March 2, 1994 facilities. Any changes in operation of wastewater treatment facilities, quantity and type of wastewater being treated or discharged, expansions and/or upgrading of wastewater treatment facilities must be permitted or approved by this Agency. Failure to comply with the terms and conditions of an NPDES Permit subjects the Permittee to enforcement action pursuant to Section 143-215.6 of the North Carolina General Statutes. A civil penalty of up to $10,000 per violation plus criminal penalties may be assessed'for such violations. If you find at any time that you are unable to comply with the terms and conditions of the Permit, you should contact this Office immediately. A Consent Order may be necessary while pursuing action to obtain compliance. As a final note, an NPDES Permit is normally issued for a five-year period. Permits are not automatically renewed. Renewal requests must be submitted to this Agency no later than 180 days prior to expiration. Please make note of the expiration date of your Permit. This date is set forth on Page 1 of the Permit. Also note that NPDES Permits are not transferable.. If you, as the Permittee, cease to need this Permit, then you should request that the Permit be rescinded. As mentioned previously, the purpose of this letter is to advise you of the importance of your NPDES Permit. Please read the Permit and contact this Office at 704/663-1699 in Mooresville if you have any questions or need clarification. We look forward to providing any assistance. Sincerely, Q. K_Z_tk 4�� Rex Gleason, eason G P. E. Water Quality Regional Supervisor Enclosure DRG:s1 SV'7Fo State of North Carolina Department of Environment, Health, and Natural Resources Division of Environmental Management 512 North Salisbury Street • Raleigh, North Carolina 27611 James G. Martin, Governor William W. Cobey, Jr., Secretary September. 1.7, 1.990 Mr. Leonard A. Yelton Route 3, Box 350 Shelby, NC 28150 George T. Everett, Ph.D. Director Subject: Permit No. N00063797 Whispering Pines Rest .Home Cleveland County Dear_ Mr. Yelton: In accordance with your application for discharge permit received on May 10, 1990, we are forwarding herewith the subject State - NPDES permit. This permit is issued pursuant to the. requirements of North Carolina General. Statute 143-215.1 and the Memorandum of Agreement between North Car.ol.i.nn. and the US Environmental Protection Agency dated December 6, 1983. 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, Post Office Drawer 11666, Raleigh, North Carolina 27604. Unless such demand is made, this decision shall be final and binding. Please take notice that this permit -is .not transferable. Part II, E.4 addresses the requirements to be followed in case of change in ownership or control of this discharge. This permit does not affect the legal requirements to obtain other permits which may be required by the Division of Environmental Management or permits required by the Division of Land Resources, 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 Mr. Mack Wiggins at telephone number 919/733-5083. Sincerely, Originat'signed by RECEIVED Bale Overcash kw George T. Everett Water Quality Sectiosi cc: Mr. Jim Patrick, EPA 90 crp ? O �qnn fA1.Gatitelvi e�R g ecina 1�0f i e J Cr Asheville Regional Office Pollution Prevention Pays Asheville, North Carolina P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-7015 An Equal Opportunity Affirmative Action Employer :� .. . 41 �: ,: a• ;,�' � a� ._r � Perrmt No. NCO063797 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATURAL RESOURCES DIVISION OF ENVIRONMENTAL MANAGEMENT PERMIT TO DISCHARGE WASTEWATER UNDER THE 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, Mr. Leonard Yelton is hereby authorized to discharge wastewater from a facility located at Whispering Pines Rest Home at the intersection of NCSR 1123 & NC 150 east of Boiling Springs Cleveland County to receiving waters designated as Sugar Branch in the 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 November 1, 1990 This permit and the authorization to discharge shall expire at midnight on December 31, 1993 Signed this day September 17, 1990 Original signed by ► Me Orercash kw George T. Everett, Director Division of Environmental Management By Authority of the Environmental Management Commission , 9 Permit No. NC0063797 SUPPLEMENT TO PERMIT COVER SHEET Mr. Leonard Yelton is hereby authorized to: 1. Continue to operate an existing wastewater treatment system consisting of a septic tank, surface sand filter, and tablet chlorinator located at Whispering Pines Rest Home, at the intersection of NCSR 1123 & NC 150, east of Boiling Springs, Cleveland County (See Part III of this Permit), and 2. Discharge from said treatment works at the location specified on the attached map into Sugar Branch which is classified Class C waters in the Broad River Basin. rs ijirED STATES D PA ,)RTMENT OF THE INTERIOR t GEOLOGICAL SURVEY I SHELBY 4 9 A41. 81' 37' 11 BOILING SPRINGS 2.5 MI I 4 T:1 1:1 E. 1820000 FEET (S. C.) °46 35' 3 5' 1-51 300 _�k1219 7L (I 5� -7� \(N Maple. p in p C, B35 142 3900000m.N. 12 S- (822 '-7au 1148 -77 y. 3899 72 0 7, 788 1 7 7c C 10, j 3898 < 727 8,3000 FEET (S. C.) ------ 1.142) /Stice St aa s\ A Dam r\ 0, 13'f 1� fit N V 3897 jj: Lp V 71\ v :12' 33 0" 1- 3896 M! ai cl. A. (). EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS FINAL Permit No. NCO063797 During the period beginning on the effective date of the permit and lasting until expiration, the Permittee is authorized to discharge from outfall(s) serial number 001. Such discharges shall be limited and monitored by the permittee as specified below: Effluent Characteristics Discharge Limitations Monitoring Requirements Measurement Sample *Sample Monthly Avg, Weekly Avg,, Daily Max Frequency Tvue Location Flow 0.0025 MGD Weekly Instantaneous I or E BOD, 5 day, 200C 30.0 mg/I 45.0 mg/I 2/Month Grab E Total Suspended Residue 30.0 mg/I 45.0 mg/I 2/Month Grab E NH3 as N Monthly Grab E Fecal Coliform (geometric mean) 200.0 /100 ml 400.0 /100 ml 2/Month Grab E Total Residual Chlorine Daily Grab E Temperature Weekly Grab E *Sample locations: E - Effluent, I - Influent There shall be no discharge of floating solids or visible foam in other than trace amounts. PART I Section B. Schedule of Compliance 1. The permitted shall comply with Final Effluent Limitations specified for discharges in accordance with the following schedule: Permittee shall comply with Final Effluent Limitations by the effective date of the permit unless specified below. 2. Permittee shall at all times provide the operation and maintenance necessary to operate the existing facilities at optimum efficiency. 3. No later than 14 calendar days following a date identified in the above schedule of compliance, the permittee shall submit either a report of progress or, in the case of specific actions being required by identified dates, a written notice of compliance or noncompliance. In the latter case, the notice shall include the cause of noncompliance, any remedial actions taken, and the probability of meeting the next schedule requirements. Part II Page 1 of 14 PART II STANDARD CONDITIONS FOR NPDES PERMITS SECTION A. DEFINITIONS 1. Permit Issuing_Authority The Director of the Division of Environmental Management. 2. DEM or Division Means the Division of Environmental Management, Department of Environment, Health and Natural Resources. 3. EMC Used herein means the North Carolina Environmental Management Commission. 4. Actor "the Act" The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 USC 1251, et. seq. 5. Mass/Day Measurements a. The "monthly average discharge" is defined as the total mass of all daily discharges sampled and/or measured during a calendar month on which daily discharges are sampled and measured, divided by the number of daily discharges sampled and/or measured during such month. It is therefore, an arithmetic mean found by adding the weights of the pollutant found each day of the month and then dividing this sum by the number of days the tests were reported. The limitation is identified as "Monthly Average" in Part I of the permit. b. The "weekly average discharge" is defined as the total mass of all daily discharges sampled and/or measured during the calendar week (Sunday - Saturday) on which daily discharges are sampled and measured, divided by the number of daily discharges sampled and/or measured during such week. It is, therefore, an arithmetic mean found by adding the weights of pollutants found each day of the week and then dividing this sum by the number of days the tests were reported. This limitation is identified as "Weekly Average" in Part I of the permit. c. The "maximum daily discharge" is the total mass (weight) of a pollutant discharged during a calendar day. If only one sample is taken during any calendar day the weight of pollutant calculated from it is the "maximum daily discharge." This limitation is identified as "Daily Maximum," in Part I of the permit. Part II Page 2 of 14 d. The "average annual discharge" is defined as the total mass of all daily discharges sampled and/or measured during the calendar year on which daily discharges are sampled and measured, divided by the number of daily discharges sampled and/or measured during such year. It is, therefore, an arithmetic mean found by adding the weights of pollutants found each day of the year and then dividing this sum by the number of days the tests were reported. This limitation is defined as "Annual Average" in Part I of the permit. 6. Concentration Measurement a. The "average monthly concentration," other than for fecal coliform bacteria, is the sum of the concentrations of all daily discharges sampled and/or measured during a calendar month on which daily discharges are sampled and measured, divided by the number of daily discharges sampled and/or measured during such month (arithmetic mean of the daily concentration values). The daily concentration value is equal to the concentration of a composite sample or in the case of grab samples is thearithmetic mean (weighted by flow value) of all the samples collected during that calendar day. The average monthly count for fecal coliform bacteria is the geometric mean of the counts for samples collected during a calendar month. This limitation is identified'.as "Monthly Average" under "Other Limits" in Part I of the permit. b. The "average weekly concentration," other than for fecal coliform bacteria, is the sum of the concentrations of all daily discharges sampled and/or measured during a calendar week (Sunday/Saturday) on which daily discharges are sampled and measured divided by the number of daily discharges sampled and/or measured during such week (arithmetic mean of the daily concentration values). The daily concentration value is equal to the concentration of a composite sample or in the case of grab samples is the arithmetic mean (weighted by flow value) of all the samples collected during that calendar day. The average weekly count for fecal coliform bacteria is the geometric mean of the counts for samples collected during a calendar week. This limitation is identified as "Weekly Average" under "Other Limits" in Part I of the permit. c. The "maximum daily concentration" is the concentration of a pollutant discharge during a calendar day. If only one sample is taken during any calendar day the concentration of pollutant calculated from it is the "Maximum Daily Concentration". It is identified as 'Daily Maximum" under "Other Limits" in Part I of the netmit_ d. The "average annual concentration," other than for fecal coliform bacteria, is the sum of the concentrations of all daily discharges sampled and/or measured during a calendar year on which daily discharges are sampled and measured divided by the number of daily discharges sampled and/or measured during such year (arithmetic mean of the daily concentration values). The daily concentration value is equal to the concentration of a composite sample or in the case of grab samples is the arithmetic mean (weighted by flow value) of all the samples collected during that calendar day . The average yearly count for fecal coliform bacteria is the geometric mean of the counts for samples collected during a calendar year. This limitation is identified as "Annual Average" under "Other Limits" in Part I of the permit. e. The "daily average concentration" (for dissolved oxygen) is the minimum allowable amount of dissolved oxygen required to be available in the effluent prior to discharge averaged over a calendar day. If only one dissolved oxygen sample is taken over a calendar day,..the sample is considered to be the "daily average concentration" for the discharge.. It is identified as "daily average" in the text of Part I. Part II Page 3 of 14 f. The "quarterly average concentration" is the average of all samples taken over a calendar quarter. It is identified as "Quarterly Average Limitation" in the text of Part I of the permit. g. A calendar quarter is defined as one of the following distinct periods: January through March, April through June; July through September, and October through December. 7. Other Measurements a. Flow, (MGD): The flow limit expressed in this permit is the 24 hours average flow, averaged monthly. It is determined as the arithmetic mean of the total daily flows recorded during the calendar month. b. An "instantaneous flow measurement" is a measure of flow taken at the time of sampling, when both the sample and flow will be representative of the total discharge. c. A "continuous flow measurement" is a measure of discharge flow from the facility which occurs continually without interruption throughout the operating hours of the facility. Flow shall be monitored continually except for the infrequent times when there may be no flow or for infrequent maintenance activities on the flow device. 8. Types of Samples a. Composite Sample: A composite sample shall consist of: (1) a series. of grab samples collected at equal time intervals over a 24 hour period of discharge and combined proportional to the rate of flow measured at the time of individual sample collection, or (2) a series of grab samples of equal volume collected over a 24 hour period with the time intervals between samples determined by a preset number of gallons passing the sampling point. Flow measurement between sample intervals shall be determined by use of a flow recorder and totalizer, and the present gallon interval between sample collection fixed at no greater than 1/24 of the expected total daily flow at the treatment system, or (3) a single, continuous sample collected over a 24 hour period proportional to the rate of flow. In accordance with (1) above, the time interval between influent grab samples shall be no greater than once per hour, and the time interval between effluent grab samples shall be no greater than once per hour except at wastewater treatment systems having a detention time of greater than 24 hours. In such cases, effluent grab samples may be collected at time intervals evenly spaced over the 24 hour period which are equal in number of hours to the detention time of the system in number of days. However, in no case may the time interval between effluent grab samples be greater than six (6) hours nor the number of samples less than four (4) during a 24 hour sampling period. b. Grab Sample: Grab samples are individual samples collected over a period of time not exceeding 15 minutes; the grab sample can be taken manually. 9. Calculation of Means a Arithmetic Mean: The arithmetic mean of any set of values is the summation of the individual values divided by the number of individual values. Part H Page 4 of 14 b. Geometric Mean: The geometric mean of any set of values is the Nth root of the product of the individual values where N is equal to the number of individual values. The geometric mean is equivalent to the antilog of the arithmetic mean of the logarithms of the individual values. For purposes of calculating the geometric mean, values of zero (0) shall be considered to be one (1). c. Weighted by Flow Value: Weighted by flow value means the summation of each concentration times its respective flow divided by the summation of the respective flows. 10. Calendar Day A calendar day is defined as the period from midnight of one day until midnight of the next day. However, for purposes of this permit, any consecutive 24-hour period that reasonably represents the calendar day may be used for sampling. 11. Hazardous Substance A hazardous substance means any substance designated under 40 CFR Part 116 pursuant to Section 311 of the Clean Water Act. 12. Toxic Pollutant A toxic pollutant is any pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act. SECTION B. GENERAL CONDITIONS The permittee must comply with all conditions of this permit. Any permit noncompliance constitutes a violation of the Clean Water Act and is ground for enforcement action; for permit termination, revocation and reissuance, or modification; or denial of a permit renewal application. a. The permittee shall comply with effluent standards or prohibitions established under section 307(a) of the Clean Water Act for toxic pollutants within the time provided in the regulations that establish these standards or prohibitions, even if the permit has not yet been modified to incorporate the requirement. b. Any person who violates a permit condition is subject to a civil penalty not to exceed $25,000 per day for each violation. Any person who negligently violates any permit condition is subject to criminal penalties of $2,500 to $25,000 per day of violation, or imprisonment for not more than 1 year, or both. Any person who knowingly violates permit conditions is subject to criminal penalties of $5,000 to $50,000 per day of violation, or imprisonment for not more. than 3 years, or both. Also, any person who violates a permit condition may be assessed an administrative penalty not to exceed $10,000 per violation with the maximum amount not to exceed $125,000. [Ref: 40 CFR 122.41(a)] Part II Page 5 of 14 2. Duty to Mitigate The permittee shall take all reasonable steps to minimize or prevent any discharge in violation of this permit which has a reasonable likelihood of adversely affecting human health or the environment. 3. Civil and Criminal Liability Except as provided in permit conditions on "Bypassing" (Part II, B-3) and 'Power Failures" (Part II, B-6), 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. Prow 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. This permit does not authorize or approve the construction of any onshore or offshore physical structures or facilities or the undertaking of any work in any navigable waters. 7. Severability The provisions of this permit are severable, and if any provision of this permit, or the application of any provision of this permit to any circumstances, is held invalid, the application of such provision to other circumstances, and the remainder of this permit, shall not be affected thereby. 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 to be kept by this pernait. 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. Part II Page 6 of 14 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 discharge that has not requested renewal at least 180 days prior to expiration, or any discharge 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. a. All permit applications shall be signed as follows: (1) - For a corporation: by a responsible corporate officer. For the purpose of this Section, a responsible corporate officer means: (a) a president, secretary, treasurer or vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision making functions for the corporation, or (b) the manager of one or more manufacturing production or operating facilities employing more than 250 persons or having gross annual sales or expenditures exceeding 25 million (in second quarter 1980 dollars), if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures. (2) For a partnership or sole proprietorship: by a general partner 'or the proprietor, respectively; or (3) For a municipality, State, Federal, or other public agency: by either a principal executive officer or ranking elected official. b. All reports required by the permit and other information requested by the Permit Issuing Authority shall be signed by a person described above or by a duly authorized representative of that person. A person is a duly authorized representative only if: 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. Part II Page 7 of 14 c. Certification. Any person signing a document under paragraphs a. or b. of this section shall make the following certification: " I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and believe, 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. 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 15 of the North Carolina Administrative Code, Subchapter 2H .0100; and North Carolina General Statute 143-215.1 et. al. 14. Previous Permits All previous National Pollutant Discharge Elimination System Permits issued to this facility, whether for operation or discharge, are hereby revoked by issuance of this permit. The conditions, requirements, terms, and provisions of this permit authorizing discharge under the National Pollutant Discharge Elimination System govern discharges from this facility. SECTION C. OPERATION AND MAINTENANCE OF POLLUTION CONTROL 1. Certified Operator Pursuant to Chapter 90A-44 of North Carolina General Statutes, the permittee shall employ a certified wastewater treatment plant operator in responsible charge (ORC) of the wastewater treatment facilities. Such operator must hold a certification of the grade equivalent to or greater than the classification assigned to the wastewater treatment facilities. The permittee shall notify the Division's Operator Training and Certification Unit within five days of any change in the ORC status. Part H Page 8 of 14 2. Proper Qperation and Maintenance The permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the permittee to achieve compliance with the conditions of this permit. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures. This provision requires the operation of back-up or auxiliary facilities or similar systems which are installed by a permittee only when the operation is necessary to achieve compliance with the conditions of the permit. It shall not be a defense for a permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the condition of this permit. 4. Bypassing of Treatment Facilities a. Definitions (1) "Bypass" means the known diversion of waste streams from any portion of a treatment facility including the collection system, which is not a designed or established or operating mode for the facility. (2) "Severe property damage" means substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production. b. Bypass not exceeding limitations. The permittee may allow any bypass to occur which does not cause effluent limitations to be exceeded, but only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the provisions of Paragraphs c. and d. of this section. c. Notice (1) Anticipated bypass. If the permittee knows in advance of the need for a bypass, it shall submit prior notice, if possible at least ten days before the date of the bypass; including an evaluation of the anticipated quality and affect of the bypass. (2) Unanticipated bypass. The permittee shall submit notice of an unanticipated bypass as required in Part II, E. 6. of this permit. (24-hour notice). d. Prohibition of Bypass (1) Bypass is prohibited and the Permit Issuing Authority may take enforcement action against a permittee for bypass, unless: (a) Bypass was unavoidable to prevent loss of life, personal injury or severe property damage; Part H Page 9 of 14 (b) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate backup equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and (c) The permittee submitted notices as required under Paragraph C. of this section. (2) The Permit Issuing Authority may approve an anticipated bypass, after considering its adverse affects, if the Permit Issuing Authority determines that it will meet the three conditions listed above in Paragraph d. (1) of this section. 5. Upsets a. Definition. "Upset " means an exceptional incident in which there is unintentional and temporary noncompliance with technology based permit effluent limitations because of factors beyond the reasonable control of the permittee. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation. b. Affect of an upset. An upset constitutes an affirmative defense to an action brought for noncompliance with such technology based permit effluent limitations if the requirements of paragraph (3) of this condition met. No determination made during administrative review of claims that noncompliance was caused by upset, and before an action for noncompliance, is final administrative action subject to judicial review. c. Conditions necessary for a demonstration of upset. A permittee who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that: (a) An upset occurred and that the permittee can identify the cause(s) of the upset; (b) The permittee facility was at the time being properly operated; and (c) The permittee submitted notice of the upset as required in Part II, E. 6. (b) (B) of this permit. (d) The permittee complied with any remedial measures required under Part 11, B. 2. of this permit. d. Burden of proof. In any enforcement proceeding the permittee seeking to establish the occurrence of an upset has the burden of proof. Part II Page 10 of 14 6. Removed Substances Solids, sludges, filter backwash, or other pollutants removed in the course of treatment or control of wastewaters shall be 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, and with applicable 40 CFR Part 503 Standards for the Use and Disposal of Sewage Sludge when promulgated. Upon promulgation of 40 CFR Part 503, any permit issued by the Permit Issuing Authority for the disposal of sludge may be reopened and modified, or revoked and reissued, to incorporate applicable requirements at 40 CFR Part 503. The permittee shall notify the Permit Issuing Authority of any significant change in its sludge use or disposal practices. 7. Power Failures The permittee is responsible for maintaining adequate safeguards as required by DEM Regulation, Title 15, North Carolina Administrative Code, Subchapter 2H, .0124 Reliability, to prevent the discharge of untreated or inadequately treated wastes during electrical power failures either by means of alternate power sources, standby generators or retention of inadequately treated effluent. SECTION D. MONITORING AND RECORDS 1. Representative Sampling Samples collected and measurements taken, as required herein, shall be characteristic of the volume and nature of the permitted discharge. Samples collected at a frequency less than daily shall be taken on a day and time that is characteristic of the discharge over the entire period which the sample represents. All samples shall be taken at the monitoring points specified in this permit and, unless otherwise specified, before the effluent joins or is diluted by any other wastestream, body of water, or substance. Monitoring points shall not be changed without notification to and the approval of the Permit Issuing Authority. Monitoring results obtained during the previous month(s) shall be summarized for each month and reported on a monthly Discharge Monitoring Report (DMR) Form. (DEM No. MR 1, 1.1, 2, 3) or alternative forms approved by the Director, DEM, postmarked no later than the 30th day following the completed reporting period. The first DMR is due on the last day of the month following the issuance of the permit or in the case of a new facility, on the last day of the month following the commencement of discharge. Duplicate signed copies of these, and all other reports required herein, shall be submitted to the following address: Division of Environmental Management Water Quality Section ATTENTION: Central Files Post Office Box 27687 Raleigh, North Carolina 27611 Part II Page 11 of 14 3. Flow Measurements Appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges. The devices shall be installed, calibrated and maintained to ensure that the accuracy of the measurements are consistent with the accepted capability of that type of device. Devices selected shall be capable of measuring flows with a maximum deviation of less than + 10% from the true discharge rates throughout the range of expected discharge volumes. Once -through condenser cooling water flow which is monitored by pump logs, or pump hour meters as specified in Part I of this permit and based on the manufacturer's pump curves shall not be subject to this requirement. Test procedures for the analysis of pollutants shall conform to the EMC regulations ,published pursuant to NCGS 143-215.63 et. seq, the Water and Air Quality Reporting Acts, and to regulations published pursuant to Section 304(g), 33 USC 1314, of the Federal Water Pollution Control Act, as Amended, and Regulation 40 CFR 136. To meet the intent of the monitoring required by this permit, all test procedures must produce minimum detection and reporting levels that are below the permit discharge requirements and all data generated must be reported down to the minimum detection or lower reporting level of the procedure. If no approved methods are determined capable of achieving minimum detection and reporting levels below permit discharge requirements, then the most sensitive (method with the lowest possible detection and reporting level) approved method must be used. 5. Penalties for Tampering The Clean Water Act provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any monitoring device or method required to be maintained under this permit shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. 6. Records Retention The permittee shall retain records of all monitoring information, including all calibration and maintenance records and all original strip chart recordings for continuous monitoring instrumentation, copies of all reports required by this permit, for a period of at least 3 years from the date of the sample, measurement, report or application. This period may be extended by request of the Director at any time. 7. Recording Results For each measurement or sample taken pursuant to the requirements of this permit, the permittee shall record the following information: a. The date, exact place, and time of sampling or measurements; b. The individual(s) who performed the sampling or measurements; c. The date(s) analyses were performed; d. The individual(s) who performed the analyses; e. The analytical techniques or methods used; and f. The results of such analyses. Part II Page 12 of 14 8. Inspection and Entry The permittee shall allow the Director, or an authorized representative, 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. 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. Notice is required only when: a. The alteration or addition to a permitted facility may meet one of the criteria for determining whether a facility is a new source in 40 CFR Part 122.29 (b); or. b. The alteration or addition could significantly change the nature or increase the quantity of pollutants discharged. This notification applies to pollutants which are subject neither to effluent limitations in the permit, nor to notification requirements under 40 CFR Part 122.42 (a) (1). 3. Anticipated Noncompliance The permittee shall give advance notice to the Director of any planned changes in the permitted facility or activity which may result in noncompliance with permit requirements. 4. Transfers This permit is not transferable to any person except after notice to the Director. The Director may require modification or revocation and reissuance of the permittee and incorporate such other requirements as may be necessary under the Clean Water Act. Part lI Page 13 of 14 5. Monitoring Reports Monitoring results shall be reported at the intervals specified elsewhere in this permit. a. Monitoring results must be reported on a Discharge Monitoring Report (DMR) (See Part II. D. 2. of this permit). b. If the permittee monitors any pollutant more frequently than required by the permit, using test procedures specified -in Part II, D. 4. of this permit, the results of this monitoring shall be included in the calculation and reporting of the data submitted in the DMR. c. Calculations for all limitations which require averaging of measurements shall utilize an arithmetic mean unless otherwise specified by the Director in the permit. 6. Twenty-four Hour Reporting a. The permittee shall report to the central office or the appropriate regional office any noncompliance which may endanger health or the environment. Any information shall be provided orally within 24 hours from the time the permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the permittee becomes aware of the circumstances. The written submission shall contain a description of the noncompliance, and its cause; the period of noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance. b. The following shall be included as information which must be reported within 24 hours under this paragraph. (A) Any unanticipated bypass which exceeds any effluent limitation in the permit. (B) Any upset which exceeds any effluent limitation in the permit. (C) Violation of a maximum daily discharge limitation for any of the pollutants listed by the Director in the permit to be reported within 24 hours. c. The Director may waive the written report on a case -by -case basis for reports under paragraph b. above of this condition if the oral report has been received within 24 hours. 7. Other Noncompliance The permittee shall report all instances of noncompliance not reported under Part 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. 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. Part 11 Page 14 of 14 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 in letter form within 15 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 Environmental Management. As required by the Act, effluent data shall not be considered confidential. Knowingly making any false statement on any such report may result in the imposition of criminal penalties as provided for in NCGS 143-215.1(b)(2) or in Section 309 of the Federal Act. 11. Penalties for Falsification of Reports The Clean Water Act provides that any person who knowingly makes any false statement, representation, or certification in any record or other document submitted or required to be maintained under this permit, including monitoring reports or reports of compliance or noncompliance shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. PART III OTHER REQUIREMENTS A. Construction No construction of wastewater treatment facilities or additions to add to the plant's treatment capacity or to change the type of process utilized at the treatment plant shall be begun until Final Plans and Specifications have been submitted to the Division of Environmental Management and written approval and Authorization to Construct has been issued. B . Groundwater Monitoring The permittee shall, upon written notice from the Director of the Division of Environmental Management, conduct groundwater monitoring as may be required to determine the compliance of this NPDES permitted facility with the current groundwater standards. C. ages in Discharges of Toxic Substances The permittee shall notify the Permit Issuing Authority as soon as it knows or has reason to believe: a. That any activity has occurred or will occur which would result in the discharge, on a routine or frequent basis, of any toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels"; (1) One hundred micrograms per liter (100 ug/1); (2) Two hundred micrograms per liter (200 ug/1) for acrolein and acrylonitrile; five hundred micrograms per liter (500 ug/1) for 2.4-dinitrophenol and for 2-methyl-4.6-dinitrophenol; and one milligram per liter (1 mg/1) for antimony; (3) Five (5) times the maximum concentration value reported for that pollutant in the permit application. b. That any activity has occurred or will occur which would result in any discharge, on a non -routine or infrequent basis, of a toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels"; (1) Five hundred micrograms per liter (500 ug/1); (2) One milligram per liter (1 mg/1) for antimony; (3) Ten (10) times the maximum concentration value reported for that pollutant in the permit application. PART IV ANNUAL ADMINISTERING AND COMPLIANCE FEE REQUIREMENTS A. The permittee must pay the annual administering and compliance fee within 30 (thirty) days after being billed by the Division. Failure to pay the fee in a timely manner in accordance with 15 NCAC 2H .0105(b)(4) may cause this Division to initiate action to revoke the permit. Permit No. NCO063797 I1 L STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATURAL RESOURCES DIVISION OF ENVIRONMENTAL MANAGEMENT PERMIT TO DISCHARGE WASTEWATER UNDER THE 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, Mr. Leonard Yelton is hereby authorized to discharge wastewater from a facility located at Whispering Pines Rest Home 1056 College Avenue Shelby Cleveland County to receiving waters designated as Sugar Branch in the Broad River Basin a 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 December 31, 1998 Signed this day A. Preston Howard;` fir., P.E., Director Division of Environmental Management By Authority of the Environmental Management Commission Ij Permit No. NC0063797 SUPPLEMENT TO PERMIT COVER SHEET Mr. Leonard Yelton is hereby authorized to: 1. Continue to operate an existing wastewater treatment system consisting of a septic tank, surface sand filter, and tablet chlorinator located at Whispering Pines Rest Home, 1056 College Avenue, Shelby, Cleveland County (See Part III of this Permit), and 2. Discharge from said treatment works at the location specified on the attached map into Sugar Branch which is classified Class C waters in the Broad River Basin. ' Boo WhisperingPines Rest Home Discharge Point 001 NPDES No.: NCO063797 LAT: 350 14' 52" c LONG: 810 37' 20" _urse 1142— o 822 780 3899 o\\ sae \ Q �8 no , 3898 810000 FEET V n a� 897 Leo l ll` � 1J D �6d0 p ,YL) f \ \\\ •� 5 `_ IV . 7-9 12'30" + eek 3896 41 o / o 30 fN�820 • x�) UUU . Op . . YA 3s95 V O Gf 1., - ;gyp• - - O -- -- � - � O �• - / G' \ ice• 1.. � o \ o O O -_ CI „ vBoo s s/ 011� 1W A., (). EFFLUENT LIWTATIONS AND MONITORING REQUIREMENTS FINAL Permit No. NCO063797 During the period beginning on the effective date of the permit and lasting until expiration, the Permittee is authorized to discharge from outfall(s) serial number 001. Such discharges shall be limited and monitored by the permittee as specified below: Effluent Characteristics Flow BOD, 5 day, 200C Total Suspended Residue NH3 as N Fecal Coliform (geometric mean) Total Residual Chlorine Temperature Discharge Limitations Monthly Avg, Weekly Avg, Daily Max 0.0025 MGD 30.0 mg/I. 45.0 mg/I 30.0 mg/I 45.0 mg/I 200.0 /100 ml 400.0 /100 ml *Sample locations: E - Effluent, I - Influent There shall be no discharge of floating solids or visible foam in other than trace amounts. Monitoring .Requirements Measurement Sample *Sample Frequency IX" Location Weekly Instantaneous I or E 2/Month Grab E 2/Month Grab E Monthly Grab E 2/Month Grab E 2/Week Grab E Weekly Grab E j 1219 I \XT • j 800� \ J 1 fl D 3900000m.N. -_'_^ /1 3899 Whispering Pines Rest Home Dischar a Point 001 NPDES No.: NCO063797 LAT: 35° 14' 52" LONG: 81 ° 37' 20" V B35 •C v \ 1142 - m -- -- ---------------- - 0 0 ]z \ szz 780 i 114e o M L rse c� o 779 12'30" ( i O o 03896 - 11 1 •. J � ,.O / - ��� r -��.: I-, moo � o ,:. • - 3895 80V �. - _ � �Boo TO: PERMITS AND ENGINI_ JNG UNIT WATER QUALITY SECTION s DATE: May 22, 1990 NPPES STAFF REPORT A14D RECOMMENDATION COUNTY Cleveland PERMI`.0 NUMBER NCO063797 PART I - GENERAL INFORMATION 1. Facility and Address: WhispE!ring Pines Rest Home Route 3, Box 350 Shelby, N. C. 28150 2. Date of Investigation: June 20, 1989 3. Report Prepared By: Jim Reid 4. Persons Contacted and Telephone Number: Leonard Yelton 704-482-2971 5. Directions to Site: Located on Hwy 150 approximately 0.2 miles East of the intersection of SR 1123 and Hwy 150 in Cleveland County, N. C. 6. Discharge Point(s), List for all discharge points: Latitude: 350 14' 55" Longitude: 810 37' 18" 7. Size (land available for expansion and upgrading): 2 acres 8. Topography (relationship to flood plain included): 5% slope above flood plain 9. Location of nearest dwelling: 250 feet I L 10. Receiving stream affected surface waters: zgar Branch ` a. Classification: C r b.' River Basin and Subbasin No.: BRD 030804 C. Describe receiving stream features and pertinent downstream uses: Sandy bottomed creek used for recreation, agriculture, and wildlife support PART II - DESCRIPTION OF DISCHARGE AND TREATMENT WORKS 1. Type of wastewater: 100 % Domestic Industrial a. Volume of Wastewater: 0.0025 MGD (Design Capacity) b. Types and quantities of industrial wastewater: C. Prevalent toxic constituents in wastewater: d. Pretreatment Program (POTWs only): in development _ approved should be required not needed 2. Production rates (industrial discharges only) in pounds per day: 3. 4 5. 7. Description of industrial process (for industries only) and applicable CFR Part and Subpart: Type of treatment (specify whether proposed or existing): Existing, septic tank, surface sand filter with tablet chlorination. Sludge handling and disposal scheme: Sludge is removed from septic tank by Wesson Septic Tank Service. Treatment plant classification: (include rating sheet). I SIC Codes(s): 4952 Wastewater Code(s): Primary 11 Less than 5 points; no rating Secondary PANT III - OTHER PERTINENT INFORMATION 1. Is this facility being constructed with Construction Grant funds (municipals only)? 2. Special monitoring requests: 3. Additional effluent limits requests: 4. Other: PART IV - EVALUATION AND RECOMMENDATIONS Facility is judged to be in compliance with limitations and to be well operated; renewal of NPDES Permit is recommended. ?igna re of Report Preparer Water/Quaity Regional Supervisor �E! Date F`ess UNITED STATES sas D P TMENT OF THE INTERIOR ��- GEOLOGICAL SURVEY SHELBY 4.9 MI. 81°37' "OILING SPRINGS 2.5 MI. 44500°m-E. 1820000 FEET (S.C.) 446 3535' 44J ° 1-5' Soo in 835 O D j 800 I l42 390000om.N m / ) oc 12 114 3899 o 788 l 3898 810000 FEET •�� `:.\\)a' �` �� i 727 al 399 779 _. � 71 .: \"\t\ _C - �0• I it t���_ h\ i,� �.. 12' 30" 3896 N11 Mt. 5u,ai ,••`'8d0 . r, I, PP7, "-\'n .w iA7F o State of North Carolina Department of Environment, Health, and Natural Resources Division of Environmental Management 512 North Salisbury Street • Raleigh, North Carolina 27611 James G. Martin, Govemor George I Everett, Ph.D. William W. Cobey, Jr., Secretary Director 5/14/90 Mr. Leonard Yelton Subject: NPDES Permit Application Rt. 3, Box 350 NPDES Permit No.NC0063797 Shelby, NC 28150 Whispering Pines Rest Home Cleveland County Dear Mr. Yelton This is to acknowledge receipt of the following documents on May 14, 1990: Application Form Engineering Proposal (for proposed control facilities), Request for permit renewal, Application Processing Fee of $100.00, Other , The items checked below are needed before review can begin: Application Form , Engineering proposal (see attachment), Application Processing Fee of Delegation of Authority (see attached) Biocide Sheet (see attached) Other If the application is not made complete within thirty (30) days, it will be returned to you and may be resubmitted when complete. This application has been assigned to Mack Wiggins (919/733-5083) of our Permits Unit for review. You wa-e a vise o any comments recommendations, questions or other information necessary for the review of the application.' I am, by copy of this letter, requesting that our Regional Office Supervisor prepare a staff report and recommendations regarding this discharge. If you have any questions regarding this applications, please contact the review person listed above. Sincerely, Water Quality Section Dale Overcash, P.E. CC: Asheville Regional Office MAY 16 1090 Pollution Prevention Pays (Asheville Regional, Office P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-7015 Asheville, North Carolina A., r....,I n....,..i. ,..ih. A[A..,-. 4l6— A.-H.... [..,.,I., — NORTH CAROLINA DEPT. OF NATURAL RESOURCES AND CWMITY DMOpNW ENVIRONMENTAL MANAGEMENT COMMISSION NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM AMMATION NIWR APPLICATION FOR PERMIT TO DISCHARGE - SHORT FORM G FOR o � Aulocy to be filed only by services, wholesale and retail trade. USEP OW RIC.EIVID and other cow* rcial establishments including vessels 011(� b YEAR MD. DAY 00 not attempt to complete this form without reading the aceomoanylng Inftrorctions / U 0.0 Please print or type -57-/ 1. Name, address, and telephone number of facility producing discharge (� A. Nare / ASP i�� nl(_s ` 1 rJ -S;' PF'St /-I B. Street address Ra j 1 P '3 C. City _ S>H FL.0,L4 E . County L-UC-' L-)9 W Q G. Telephone No. Area Code 2. SIC 1113. // (leave blank) 11 3, Number of employees Z4. Nature of business 5. (a) Check here if discharge occurs all year (b) Check the month(s) disChal-ge Occurs; 1.OJanuary 2.0February 3.004rch 4.0Apri1 6.0 June 7.OJuly S.0August 9.0 Septtffber 11 , 0 November 12. 0 December (c) Mow many days per week; 1. 0 1 2.0 2-3 3,0 4-5 4.V6-7 D. state — NC F. dIP- c_91F"/lio s i fe s.oPAY NRY 0 10.0 October , C. 6. Types of waste water discharged to surface waters only (check of soolieable) Flow. gallons per operating day 1►olufae treated before discharging (percent) Discharge per None 30. 65- 95- operating day 0.1-999 1000-4999 S000-S " 10,000. 50.000 49.11099 or more 10.1. 29.9 64.9 94.9 1DC (1) (?) (3) (4) (5) (`) (7) (®) 19) (1G) A. Sanitary, daily average ; f B. Cooling water, etc., daily average C, Other diseharve(s), daily average; ' Spec i fy - D. Maximum per Ope'!t- ing day for coRrtneC discharge (all typeSl ied 7. treated, any of the types ge ~otplaccestotther ithan ssurffaeither cevotters,taWtk Mler ' treated, an discharged as applicable, or rt Haste rater is discharged to: 0.1-999 1000-1!!! f000•!0!! 10.00e?-1! e!!! 50.000 wo (i) i=) (») !e) (S) A. Muni-Lipal WMT Systam ' 11, IhuM•.rgrrwmri wr.1l C. flelitir tank D. Evaporation lagoon or pond E. Other, specify: amino e wt� 6RSi N a. Number of separate discharge points: A. &r' S. 02-3 c.0 4-5 D.a 6 or mere 9. Nam of receiving rater or raters j,upwr� n 10. Does your discharge contain or is it possible for your discharge to Contain one or more of the following substances igg as a result of your operations& activities, or processes: ammonia. cyan , • uninum, beryllium. CNaime chromium, copper, lead, arrcu�, nickel. salenila. E1nc, e111ellols, ell and grease. an chlorine (residual A. pas - 6.0 no 1 certify that 1 a■ familiar with the information Contained in the application and that to the best Of my knowledge and belief such 100rrtion is true. CMleta@ and accurate. L UPI Ow Printed Nave of person �'ing itle . 7 Date Apg)ic Lion 'Signed ez��-'O-)7,44 d !�L , -, Mature of Applicant tiorth Carolina General Statute 143-219.6(0(8) Erovidas that: Any person who knowingly za K any false statement representat on, or cart ication an BUY applicauant'record, report, pl. or other documant files•or required to be maintained under Article 21 or regulations of t:E En��irvnaental Management Commission inplst9sntU4 that Article, or who falsifies, tssapers ti'_: En knaNly renders gemeninaccurate any recording or tlsonitoriss �ce or method retgttired to be L;erated or rendtqainers under antiala 2],oir- regulations •of the En,riromental I�anatement Ca=z ::cplerenting that Atticlel shall �be -Tuuts"of a Zisdameataor punishable by a fine not to �xcc S10,nin, or by imprisonment not to exceed six months, or by both. (18 t'.S.C. Section 1001 p: A punishment by a fine of'$ot more than $10'000 or i,npriso cent not trora than S years, or be :"T a similar o`_fense.) goy UNITED STATES `sue DEPARTMENT OF THE INTERIOR soot GEOLOGICAL SURVEY \�I .0 SHELBY 4.9 MI. FACILITY 7 �' f✓ 1 tea 4 3 �1 .moo IC, ' -�`v COUNTY �/ �Ct.CLASS MAILING ADDRESSf Y B Responsible Facility Official Representative Telephone No. V f g- �? y%� 7� Where Located_Lea,✓l�erd ���o,� - `' Lt reO�f �u I Cert. Number Class NPDES Permit No. INC, Do 3 Other Permit No. 0 State ED Federal Date Issued Date Issued Expiration Date Stream: Name Class 7Q10 Sub -basin Operator JDEC 15 1986 �'�'�,•afi:�rn O�r2k�iorr.4Y �icaJCs.: State of North Carolina Department of Natural Resources and Community Development Division of Environmental Management 512 North Salisbury Street • Raleigh, North Carolina 27611 James G. Martin, Governor S. Thomas Rhodes, Secretary Mr. Leonard A. Yelton Route 3, Box 350 Shelby, N.C. 28150 Dear Mr. Yelton: December 4, 1986 R. Paul Wilms Director Subject: Permit No. NC0063797 Authorization to Construct Mr. Leonard A. Yelton Whispering Pines Rest Home Wastewater Treatment Facility Cleveland County A letter of request for Authorization to Construct was received November 17, 1986, 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 2,500 GPD wastewater treatment facility consisting of a 3,000 gallon capacity septic tank (existing), a 1,250 gallon capacity dosing tank, a 4-inch siphon, a distribution box, a 725 square foot surface sand filter a 700 gallon capacity chlorine contact tank equipped with a tablet chlorinator and all associated valves, piping and appurtenances to serve the Whispering Pines Rest Home located in Cleveland County. This Authorization to Construct is issued in accordance with Part III para- graph C of NPDES Permit No. NCO063797 issued January 22, 1986, and shall be subject to revocation unless the wastewater treatment facilities are constructed in accordance with the conditions and limitations specified in Permit No. NC0063797. The Permittee must employ a certified wastewater operator in accordance with Part III paragraph D of the referenced permit. The sludge generated from these treatment facilities must be disposed of in accordance with G.S. 143.215.1 and in a manner approvable by the North Carolina Division of Environmental Management. Pollution Prevention Pays P.O. Box 27687, Rakigh, North Carolina 27611-7697 Telephone 919-733-7015 A— C....-.t ll............:... etLs........:.._ d...__ c._.J,_r Lsheville Regional -Office, telephone number 704/253-3341 shall be .n advance of the installed surface filter system so that an in -place can De 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. In event the facilities fail to perform satisfactorily in meeting its NPDES permit effluent limits, the Permittee shall take such immediate corrective action as may be required by this Division, including the construction of additional wastewater treatment and disposal facilities. The sand media -of the surface filter must comply with the Division's sand specifications and must be analyzed and approved by this Division either by direct sampling or by acquisition of filter sand from a dealer who is currently certified by the Division as an acceptable source. 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. Donald Safrit, telephone number 919/733-5083, ext. 120. Sincerely yours, R. Paul Wilms cc: Cleveland County Health Department Asheville Regional Office Mr. John Campbell Mr. Dennis R. Ramsey D State of North Carolina Department of Natural Resources and Community Development -. Division of Environmental Management 512 North Salisbury Street • Raleigh, North Carolina 27611 James G. Martin, Governor . January 22, 1986 R. Paul Wilms S. Thomas Rhodes, Secretary Director CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Leonard A.Yelton Whispering Pines Rest Home Route 3, Box 350 Shelby, North Carolina 28150 SUBJECT: Permit No. NCO063797 Leonard A. Yelton Whispering Pines Rest Home Cleveland County Dear Mr. Yelton: In accordance with your application for discharge Permit received on July 24, 1985, we are forwarding herewith the subject State NPDES Permit. This Permit is issued pursuant to the requirements of North Carolina General Statute 143-215.1 and the Memorandum of Agreement between North Carolina and the U.S. Environmental Protection Agency dated December 6, 1983. If any parts, measurement frequencies, or sampling requirements contained in this Permit 'are unacceptable to you, you may request a waiver or modifications upon written demand to the Director within thirty (30) days following receipt of this Permit, identifying the specific issues to be contended. The filing of this request will not affect your rights to request a hearing on these issues. Unless such demand is 'made, this 'Permit shall be final and binding. Please take notice that this Permit is 'not transferable. Part 11, B.2, addresses the requirements to be followed incase of change in'ownership'or control of this discharge. This Permit does not affect the legal requirement to obtain other permits which may be required by the Division of Environmental Management, or permits required by the Division of Land Resources, Coastal Area Management Act, or any other Federal or Local Governmental permits that may be required. If you have any questions concerning this 'Permit, please contact Mr. Dale Overcash at telephone number 919/733-5083. RECEIVED Sincerely,; Water Qu,dity Division F01_R R. Paul Wilms Western kc, ional Office Ashcc- Mr. Jim' Patrick, EPA Pollution Prevention Pays eYllt2, °rth ° aroli rm �A�s-h e�vill! �Rsegiorlail� F�„OfsfBCe� P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-7015 An Equal Opportunity Affirmative Action Employer a Permit No. NC0063797 STATE OF NORTH CAROLINA DEPARTMENT OF NATURAL RESOURCES & COMMUNITY DEVELOPMENT DIVISION OF ENVIRONMENTAL MANAGEMENT P E R M I T To Discharge Wastewater Under The NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provisions of North Carolina General Statute 143-215.15 other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission,. and the Federal Water Pollution Control Act, as amended, Mr. Leonard A. Yelton is hereby authorized to discharge wastewater from .a facility located at Whispering Pines Rest Home on NC Highway 150 Cleveland County to receiving waters designated as. Sugar Branch of the 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 be effective January 22, 1986. This permit and the authorization to discharge shall expire at midnight on December 31, 1990. Signed this day of January 22, 1986. ()RiGif`bAL�p�tBER�tY IGNIED AFT�4ue FOP R. Paul Wilms, Director Division of Environmental Management By Authority of the Environmental Management Commission ] mit No. NCO063797 SUPPLEMENT TO PERMIT COVER SHEET Mr. Leonard A. Yelton is hereby authorized to: 1. Continue to operate the 0.0025 MGD wastewater treatment facility consisting of a 3000 gallon septic tank with syphon system followed by subsurface sand filtration trenches located at Whispering Pines Rest Home on Highway 150 in Cleveland County, and 2. Construct and operate wastewater treatment units as may be necessary to comply with the.effluent limitations contained herein (Subject to Part III, Condition No. B. of this permit), and 3. Discharge from said treatment works into Sugar Branch which is classified Class "C" waters in the Broad River Basin. - t 3 A. (1). EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS Final During the period beoginningon the effective date of the Permitand lasting until expiration, from serial . the perinittee is authorized tdiandam�oni red bye Such discharges shall be limited the(s) permittee as�specifiedlbelowv: Effluent Characteristics Discharge Limitations Monitoring Requirements 1 bsda - Other•Uniis (Specify) Measurement Sa l e � * 5SawleeMonth nv-C v Mont ee yyg. reguencY Location Flow 0.0025 MGD Weekly Instantaneous I or E BOD 5DaY, 200C 30.0 mg/l 45.0 mg/l 2/Month Grab E E Total Suspended Residue 30.0 mg/l 45.0 mg/1 2/Month Monthly Grab Grab E NHas N 3 Fecal Coliform (geometric mean) 1000.0/100 ml 2000.0/100 ml 2/Month Grab E Residual Chlorine Daily Weekly Grab Grab E E Temperature *Sample locations: E - Effluent, I - Influent n M n no o A The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units and � C+ shall be monitored 2/Month at the effluent by grab sample. o her than trau amounts. There shall be no discharge of floating solids or visible foam, in ®t Part I Permit No. NC B. SCHEDULE OF COMPLIANCE 1. The permittee shall achieve compliance with the effluent limitations specified for discharges in accordance with the following schedule: 2. No later than 14 calendar days following a date identified in the above schedule of compliance, the permittee shall submit either a report of progress or, in the case of specific actions being required by identified dates, a written notice of compliance or noncompliance. In the latter case, the notice shall include the cause of noncompliance, any remedial actions taken, and the probability of meeting the next scheduled requirement. M4&I4 Part I Hermit No. NC "Act" used herein means the Federal Water Pollution Control Act, As Amended. "DEM" used herein means the Division of Environmental Management of the Department of Natural Resources and Community Development. "EMC" used herein means the North Carolina Environmental Management Commission. C. MONITORING AND REPORTING 1. Representative Sampling Samples and measurements taken as required herein shall be representative of the volume and nature of the monitored discharge. 2. Reporting Monitoring results obtained during the previous month(s) shall be summarized for each month and reported on a Monthly Monitoring Report Firm (OEM No. MR 1.0, 1.1, and 1.4) , postmarked no later than the 30th day following the completed reporting period. The first report is due on Duplicate signed copies of these, and all other reports required herein, shall be submitted to the following address: Division of Environmental Management Water Quality Section Post Office Box 27687 Raleigh, North Carolina 27611 3. Definitions a. The monthly average, other than for fecal coliform bacteria, is the arithmetic mean of all the composite samples collected in a one - month period. The monthly average for fecal coliform bacteria is the geometric mean of samples collected in a one -month period. b. The weekly average, other than for fecal coliform bacteria, is the arithmetic mean of all the composite samples collected during a one -week period. The weekly average for fecal coliform bacteria is the geometric mean of samples collected in a one -week period. c. Flow, M3/day (MGD): The flow limit expressed in this permit is the 24 hour average flow, averaged monthly. It is determined as the arithmetic mean of the total daily flows recorded during the calendar month. d. Arithmetic Mean: The arithmetic mean of any set of values is the summation of the individual values divided by the number of individual values. r Part I Permit No. NC e. Geometric Mean: The geometric mean of any set of values is the Nth root of the product of the individual values where N is equal to the number of individual values. The geometric mean is equiva- lent to the antilog of the arithmetic mean of the logarithms of the individual values. For purposes of calculating the geometric mean, values of zero (0) shall be considered to be one (1). f. Composite Sample: A "composite sample" is any of the following: (1) Not less than four influent or effluent portions collected at regular intervals over a period of 24 hours and composited in proportion to flow. (2) Not less than four equal volume influent or effluent portions collected over a period of 24 hours at intervals proportional to the flow. (3) An influent or effluent portion collected continuously over a period of 24 hours at a rate proportional to the flow. g. Grab Sample: A "grab sample" is a single influent or effluent portion which is not a composite sample. The sample(s) shall be collected at the period(s) most representative of the total discharge. 4. Test Procedures Test procedures for the analysis of pollutants shall conform to the EMC regulations published pursuant to N. C. G. S. 143-215.63 et seq, The Water and Air Quality Reporting Act, and to regulations published pursuant to Section 304(g), 33 USC 1314, of the Federal Water Pollution Control Act, As Amended, and Regulation 40 CFR 136. 5. Recording Results For each measurement or sample taken pursuant to the requirements of this permit, the permittee shall record the following information: a. The exact place, date, and time of sampling; b. The dates the analyses were performed; and c. The person(s) who performed the analyses. Mr, PART I Permit No. NC 6. Additional Monitoring by Permittee If the permittee monitors any pollutant at the location(s) designated herein more frequently than required by this permit, using approved analytical methods as specified above, the results of such monitoring shall be included in the calculation and reporting of the values required in the Monthly Monitoring Report Form (DEM No. MR 1.0, 1 . 1 , and 1.4) Such increased frequency shall also be indicated. The DEM may require more frequent monitoring or the monitoring of other pollutants not required in this permit by written notification. 7. Records Retention All records and information resulting from the monitoring activities required by this Permit including all records of analyses performed and calibration and maintenance of instrumentation and recordings from continuous monitoring instrumentation shall be retained for a minimum of three (3) years, or longer if requested by the Division of Environmental Management or. the Regional Administrator of the Environmental Protection Agency. PART II Permit No. NC A. MA14AGEME14T 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. Any anticipated facility expansions, production increases, or process modifications which will result in new, different, or increased discharges of pollutants must be reported by submission of a new NPDES application or, if such changes will not violate the effluent limitations specified in this permit, by notice. to the DEM of such changes. Following such notice, the permit may be modified to specify and limit any pollutants not previously limited. 2. Non compliance Notification If, for any reason, the-permittee does not comply with or will be unable to comply with any effluent limitation specified in this permit, the per- mittee shall provide the Division of Environmental Management with the following information, in writing, within five (5) days of becoming aware of such condition: a. A description of the discharge and cause of noncompliance; and b. The period of noncompliance, including exact dates and times; or, if not corrected; the anticipated time the noncompliance is expected to continue, and steps being taken to reduce, eliminate and prevent recurrence of the noncomplying discharge. 3. Facilities Operation The permittee shall at all times maintain in good working order and operate as efficiently as possible all treatment or control facilities or systems installed or used by the permittee to achieve compliance with the terms and conditions of this permit. 4. Adverse Impact The permittee shall take all reasonable steps to minimize any adverse impact to navigable waters resulting from noncompliance with any effluent limitations specified in this permit, including such accelerated or additional monitoring as necessary to determine the nature and impact of the noncomplying discharge. 5. Bypassing Any diversion from or bypass of facilities necessary to maintain compliance with the terms and conditions of this permit is prohibited, except (i) where u 0 0 T PART II Permit No. NC unavoidable to prevent loss of life or severe property damage, or (ii) where excessive storm drainage or runoff would damage any facilities necessary for compliance with the effluent limitations and prohibitions of this permit. The permittee shall promptly notify the Water Quality Section of DEM in writing of each such diversion or bypass. 6. Removed Substances Solids, sludges, filter backwash, or other pollutants removed in the course of treatment or control of wastewaters shall be disposed of 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. 7. Power Failures In order to maintain compliance with the effluent limitations and prohibitions of this permit, the permittee shall either: a. In accordance with the Schedule of Compliance contained in Part I, provide an alternative power source sufficient to operate the waste- water control facilities; or,if such alternative power source is not in existence, and no date for its implementation appears in Part I, b. Halt, reduce or otherwise control production and/or all discharges from wastewater control facilities upon the reduction, loss, or failure of the primary source of power to said wastewater control facilities. 8. 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. 1W PART II Permit No. NC B. RESPONSIBILITIES 1. Right of En�ry The pe rnittee shall allow the Director of the Division of Environmental Manacerze ;t, the REgior:al Administrator, anti/or their authorized represen- tatives, upon the presentations of credentials: a. 7M�a entar^ upon the parmittee's py crises where an effluent rrmrce is !t<r. ted or in whit;: any re.c.urk-1.1s aile to be ke! t uilftr the and conditions (d -'-'J a End b. At reasot,able tines to have access to and copy any rGcords required tc: be kepi: under thn terms and cene"itions of this permit; to inspect any W0111 toring eaui p�� ent or monitoring method requi red in this permit; and to sample any discharge of pollutants. 2. Transfer of Osr~ershiu or Control This pLrrni -, is not trao;aferahl e . In the event of any chanrc�,- in c^n'%-rol or Owne�shlp of from �.ilit�es from which the authr,)rszed disc�iargE Gmantes or Is cvsnitemplate-a, the permittee shall notify the prospective owac:� cr control i s=Y by 1 ester of L. exi s cence of this parmi t and of the need to obtain a permite ;r the name of the prospective oviner. A copy cf tf a letter shall be,fonaarded to the Division of Environmental Mane Bement. 3. Availability of Repnr ;S Except for data determined to be confidential under N. C. G. S. 143-215. 3(a)(2) or Section 308 of the, Federal Act, 33 USC 1318, all reports prepared in accordance with the terns shall be available for public inspection at the offices of the Division of Environmental Management. 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 im osition of criminal penalties as provided f r in N. C. G. S. 143-215.6(b)(2� or in Section 309 of the Federal Act. 4. Permit Modificat-ion After notice: and opuartunity for a hearing pursuant to N. C. G. S. 143- 215.1(b)(2) and il. S. 14,3215.1(e) respectively, this permit may be modified, susp;`?ndps j, or revoked in whole or in part during its term for cause including, i.ut rot limited to, the following: a. Violation of any terns or conditions of this permit; b. (ibtainira this permit by misrepresentation nr failure to disclose fully :11 rel evar C. facts ; or c. A change in any condition that requires either a temporary or permanent reduction or elimination of the authorized discharge. i0&I9 PART II Permit No. NC 5. Toxic Pollutants Notwithstanding Part II, B-4 above, if a toxic effluent standard or prohibition (including any schedule of compliance specified in such effluent standard or prohibition) is established under Section 307(a) of the Act for a toxic pollutant which is present in the discharge and such standard or prohibition is more stringent than any limitation for such pollutant in this permit, this permit shall be revised or modified in accordance with the.toxic effluent standard or prohibition and the permittee so notified. 6. Civil and Criminal Liability Except as provided in permit conditions on "Bypassing" (Part II, A-5) and "Power Failures" (Part II, A-7), nothing in this permit shall be construed to relieve the permittee from civil or criminal penalties for noncompliance pursuant to N. C. G. S. 143-215.6 or Section 309 of the Federal Act, 33 USC 1319. 7. 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 under N. C. G. S. 143-215.75 et seq. or Section 311 of the Federal Act, 33 USC 1321. 8. 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. 9. Severability The provisions of this permit are severable, and if any provision of this permit, or the application of any provision of this permit to any circum- stance, is held invalid, the application of such provision to other cir- cumstances, and the rem►inder of this permit shall not be affected thereby. M11 &I10 PART II Permit No NC 10. Expiration of Permit Permittee is not authorized to discharge after the expiration date. In order to receive 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 discharge without a permit after the expiration will subject the permittee to enforcement procedures as provided in N. C. G. S. 143-215.6 and 33 USC 1251 et seq.. f 13 Part III Permit No. NC 0063797 A. Previous Permits :. All previous State water quality permits issued to this facility,.. whether for construction or operation or discharge, are hereby .revoked by issuance of this permit. The conditions, requirements, terms, and provisions of this permit authorizing discharge under -the National _ Pollutant Discharge Elimination System governs discharges from this facility. B. Construction No construction of wastewater treatment facilities or.additions:thereto_..:.,. shall be begun until Final Plans and Specifications have.been-submitted_. to the Division of Environmental Management and written approval and Authorization to Construct has been issued. If no objections to.;final_..:--..;- plans and specifications have been made by the Division of Environmental Management within 60 days following acknowledgement that:a,.complete:set,,,.,_ of final plans and specifications has been received, ,:the .plans.,may. b_e_:_ considered approved and construction authorized. C. Certified Operator Pursuant to Chapter 90A of North Carolina General Statutes, the permittee shall employ a certified wastewater treatment plant oper.ator,,in.,responsible charge of the wastewater treatment facilities. Such:operator must.hold.a,: .; certification of the grade equivalent to the classification.,assigned to the wastewater treatment facilities. D. Groundwater Monitoring The permittee shall, upon written notice from the Director of the Division .. of Environmental Management, conduct groundwater monitoring as.. may required to determine the compliance of this NPDES permitted: facility .,.._,_: with the current groundwater -standards. E. Due to the inadequacies of the existing system, plans -and specifications--,- -- for system rehabilitation must be submitted within six months of permit issuance along with a request.for an Authorization to•.Cons.truct...... M15 & I12 Request No.: 5713 ------------------- WASTELOAD ALLOCATION APPROVAL FORM------l;�it.;�-- Facility Name: WHISPERING PINES REST HOME NPDES No.: NC0063797 `)I'll z ,8 1rlC11 0 Type of Waste: 100% DOMESTIC Status: EXISTING Receiving Stream: SUGAR BRANCH Asheville Office Classification: C AsIleviiie, Pdorih Carolina Subbasin: 030804 Drainage area: 1.420 sq mi County: CLEVELAND Summer 7Q10: 0.53 cfs Regional Office: ARO Winter 7Q10: 0.58 cfs Requestor: WIGGINS Average flow: 2.35 cfs Date of Request: 5/l5-l90 30Q2 : 0.66 cfs Quad: G12NE -------------------- RECOMMENDED EFFLUENT LIMITS-------------------------- Wasteflow (mgd): 0.0025 BOD5 (mg/1) : 30 NH3N (mg/1) : NR DO (mg/1) : NR TSS (mg/1) : 30 Fecal coliform (#/100ml): 200 Toxicity Testing Req.: N ---------------------------- MONITORING ------------------------------------- Upstream (Y/N): N Location: Downstream (Y/N): N Location: ----------------------------- COMMENTS -------------------------------------- FACILITY WILL BE SENT ADMINISTRATIVE LETTER CONCERNING CHLORINE LEVELS. ---------------------------laf- ------------------------------------------- Recommended by: Date: 6 Z/ 9v Reviewed by Tech Support lR gional Permits & Supervisor: Date: Supervisor: Date: 1/ Engineering: RETURN TO TECHNICAL SERVICES BY: JUL 2.1 1990 Date: Facility,Name: Design Capacity NPDES WASTE LOAD ALLOCATION kbgineer Iua a ec:. /7 to t No.: ��7�� Pipe No.: �d� County: <Z/ely % 4 �ooz5 (MGD) : Gem Industrial (.% of Flow) : Ibmestic (% of Flow) : Receiving Stream: Class: Sub -Basin: Reference USGS Quad: /,ZSj _ (Please attach) Requestor: � Regional Office s�// ,eo CPC D (Guideline limitations, if applicable, are to be listed on the back of this form.) Design Temp.: `(` Drainage Area (mil) : �} Avg. Streamf low (cfs) 7Q10 (cfs) ,; a Winter 7Q10 (cfs) 30Q2 (cfs) Location of D.O. minimum (miles below outfall): Slope (fpm) CA,)L Velocity (fps) : 6�,), 1 Kl (base e, per day) : D .14 (, K2 (base e , iDer day): 4. (o 8 -a Effluent Characteristics Monthly Average Comments n t-era Cfo 1COrl-k s� Q 3 1 l�,�ation O Comments: Location O 3n O Effluent Characteristics eonthly Lverage Comments Water Q ki JI E D ility Division 4 1985 Western regional Officc 6sheville, North Carolina IL Prepared By: � >, x �/ vN ; Q Reviewed By: Date: 10 3 I I � 6 .7. t�! N afili:5 'are Of Waste Fteceivin Stream C,-;,ream C1.ass Subbasin County Regional Office Reuuestor !:Iraina -qe Area ( s a mi) 7010 (cfs) WJ.ntG•!r 7Q1.0 (cfs) !iZ1.1e;t No« : 251.:7 IJA 6, TEl. 0AIt AI...I...00ATT.ON APPROVAL. FORM -.------------------._-.- : WHT.SPERING PINES REST HOME : 110MEST T C SUGAR P,RANCII C 030E304 CLF_VEL.AND ASHEVII._I...E WIGG.T.NS : 1..49 2 4 _---_.._....----------•------_•----____-- RECOMi E LiELi EFFLUENT I...T.MITS Wasteflow (ui5d) : .0025 30 recaI C:vliform (/1001TI1): 1000 COMMENTS ----------------------------------------- I'"ACII_.TTY TS : PROPOSE-Ii ( .') EXISTING ( ) NEW ( ) LIMITS ARE : REVISION ( ) CONFIRMATION ( ) OF THOSE PRFVIOUSL.Y .T.SSUEIi RECOMMENDEIi BY: : _DATE ' . R,EV.T.EWEh BY: 5UPERVIS0R7 TECH, SUPPORT REG10NAL SUPERVISOR ___. _ __. _ __BATE Aparcva.l. i.s ( ) prelimi.nar�t (x) i.n I // O _ItATF.. I' f Fi �'1 I T S M A P� A Ci E Ft :._. ......��.. ._..._ .._ __ ._. _..._ _ ....._ . ' watOr Quality Division SEP 11 1%5 heevine, No'0ne/ offlc, rth Garollr11111 co Raleigh: 7 Pe; mnit too. Revised Oct. , .STAFF REPORT AND R`COfgM NDATIONS PART I -'INSPECTIOtl OF`FACILITYUJ&S 1. Place Visited: Whispering.Pines Home, inc. 2. Date Visited.: October 1.985 3. By: Jim Re d 4. Persons _Contacted: Mr'. Leonard A. Yelton, Owner 5. Directions to Site: Located.on Highway 150 approximately 0.2 miles east of the intersection of SR i123 and Highway ISO -in Cleveland County, North Carolina. U 6- .Latitude and Lo:rigitude of the D-iscflar.Ge: Latitude: _350 15' Longitude: 810 37' 30" 7. Size: 1 acre 8. Topography: Gently sloping 9. Location of Nearest Cellir<g: 250` lO_ Receiving Stream: Sugar Branch (a) Classification: C fib) Sub -basin: 030804 c) Attach map indicating location of discharge point, PART iI - DESCRIPTION OF DISCHARGE 1- Type o �" Wastewater: Domestic -2- 2. Volume of Discharge: 2500 gpd 3. Production Rates and Major Processes. ( If industrial, guidelines .are based on production.) 4. Descriptio.n of Treatment Facility/Class: 3000 gallon.septic tank with syphon system followed by sub -surface sand filtration trenches 5.. Sample Locations: U- D- I - E- 6 . 4-Digit SIC CodA : 9999 PART III - OTHER PERTINENT INFORMATION: The subject system is an existing facility which was permitted by the Cleveland County Health Department several years prior to 1970. For some unknown reason, the records for the system were not transferred to DEM in the early 1970's'when oversight authority for such system became the responsibility of the State. The Cleveland County Health Department has searched their offices and cannot locate the Whispering Pines Home's file. The owner's description of the facility recorded on the application concurs with observations made by the DEM staff member on May 7, 1985, and is the only available "plan" -for the system. - 3- PART IV - RECOMMENDATIONS The facility was sampled on September 17, 1985; effluent characteristics were as follows: BOD - 75 mg/l Fecal - 3.3 x 106 counts/100 ml TSS - 31 mg/l pH - 7.5 Permit can be issued, but the cover letter must state that rehabilita- tion or rebuilding of the facility will be required to meet permit limita- tions. The cover letter should further state that an "Authorization to Construct" must be requested and secured prior to initiation of any rehabili- tation activities and that submittal of an engineering proposal and plans will have to accompany the request for.the authorization to construct. O lip 560 000 FEET i \ •1f wr 7 lam/ a. 817 Shelfi b• nicipal irpo ' Fy — `� — Gl' •5 •� 2 1 I BM 8 5 urse uz7 800 � �,; a • � � .:.fir., �Y 1 G j1S r :� j a n C tip 1 JY/ � 6` V' r•� � ,D/r" �• 835 y �"'��fi? + '' i• %' 1142 ----------------- 39000wm M. �1 5 +� t 899 `�, 0 !+' " U � !:�'- � ^�7 {".6.s l± `v ('f`C•:4 pr � �t q �.� 1.-:1 r •� ��'� .�'���, hl r'UiJr, � _, ,rr 4 �+1' -+Or : (k ��,•"t�.f'' l: �`cx\ � 4 Jr' 3898 1, � i `e e, +� �y�l a!'t•�5'+:J f y' 810000 FEET (S. C.) 0, ciE' TOI'ricCCLG co Ra 1 e , gh : 7 Permit No-. Revised Oct. ; 8-5 STAFF REPORT AND RECOKrENDAT.IOfgS PART 1 IhSPECTIO 1 OF -FACILITY 1. Place Visited: Whispering Pines Home, Inc�,l�� "CU 2. Date Yi si ted: October 1985 3. By: Jim Re d Persons Contacted: Mr. Leonard A. Yel"ton, Owner 5. Directions to Site: Located on Highway 150 approximately 0.2 miles east of the intersection of SR i123 and Highway .150 in Cleveland County, Borth Carolina. 6 6. 1at i tude and L(x<gi tude of the Ci s cha ;tee : Latitude: 350 15' Longitude: 810 3730" 7. Size: 1 acre 8. Topography: Gently sloping 4. Location of Nearest Duelling: 250' 10. Receiving Stream: Sugar Branch (a) Classification: C fib) Sub -basin: 030804 k c) Attach map indicating "location 0f discharge arge point. "`K' i - DESCRIPTION OF DISCHARGE RECEIVED 1 T-ype o' kastewater: Domestic Water Quality Division OCT 28 1985 We -stern Regional Offing Asheville, North Car91im P -2- 2. Volume of Discharge: 2500 gpd 3. Production Rates and Major Processes. (If industrial, guidelines. _are'based on production.) 4. Description of Treatment Facility/Class: 3000 gallonseptic tank with syphon system followed by sub -surface sand filtration trenches 5. Sample Locations: U- D- I- E- 6. 4-Digit S I C Code: 9999 PART III - OTHER PERTINENT INFORMATION: The subject system is an existing facility which was permitted by the Cleveland County Health Department several years prior to 1970. For some unknown reason, the records for the system were not transferred to DEM in the early 1970's*when oversight authority for such system became the responsibility of the State. The Cleveland County Health Department has - searched their offices and cannot locate the Whispering Pines Home's file. The owner's description of the facility recorded -on the application concurs with observations made by the DEM staff member on May 7, 1985, and is the only available "plan" for the system. PART IV RECOMMENDATIONS The facility was .sampled on September 17, 1985; effluent characteristics. were as follows; BOD - 75 mg/l Fecal - 3.3 x 105 counts/100 ml TSS - 31 mg/l pH - T. Permit can be issued, but the cover letter must state that rehabilita- tion or rebuildi-ng of the facility will be required to meet permit limita- tions. The cover letter should further state that an "Authorization to Construct" must be requested and secured prior to initiation of any rehabili- tation activities and that submittal of an engineering -proposal and plans will have to accompany the request for.the authorization to construct. ..... ..... WIN WN 'I��� I /� �r,l ___._.�.��-�l'Y/l� � ow 560 000 E. FEET SP Ch 6 Onicipal ir vw \9. Ile 1127 50 n f % -2 urse 3900000M . . . . . . . . . . . 17BU �17 3899 ,��,�C1 Lrill ]bj�::�I i�j, r , I -'r'ry S � 5�: _ .i'y t r'� �,6.° j � y � • •' '. /�,• 50 1998 810000 FEET "n