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NC0063797_Regional Office Historical File Pre 2018
THUD 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, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Coleen H. Sullins, Director Division of Water Quality MAY 2 3 2008 NC DENR MR® M-Surface dater Protection SUBJECT: Notice of Intent to Revoke NPDES Permit Higalaw Enterprises, LLC — Whispering Pines Rest Home NPDES Permit Number NCO063797 Cleveland County Dear Dr. Gihwala: 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. NoLCarolina Naturally North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone (919) 733-7015 Customer Service. Internet: www.ncwaterguality.org Location:.512 N. Salisbury St. Raleigh, NC 27604 Fax (919) 733-2496 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer — 50% Recycled110% Post Consumer Paper Dr. Ramesh Gihwala Notice of Intent to Revoke May 21, 2008 p. 2 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,land 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 J NPDES Western Unit cc: NPDES Permit File VffIaar77_8%Vl' - Rcgi©nal CJffic_� Central Files Cleveland County Health Department Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Coleen H. Sullins, Director Division of Water Quality October 21, 2008 CERTIFIED MAIL 7003 0500 0002 6819 3804 RETURN RECEIPT REQUESTED Dr. Ramesh Gihwala OCl 7 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: 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 L"To"1101J' 's"v l 001 t e Central Files Nne orthCarolina Alturdly North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone (919) 807-6300 Customer Service Internet: www.ncwatcrquality.org Location: 512 N. Salisbury St. Raleigh, NC 27604 Fax (919) 807-6492 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer — 50% Recycled110% Post Consumer Paper Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Coleen H. Sullins, Director Division of Water Quality November 16, 2007 CERTIFIED MAIL 7002 0510 0000 5461 5174 RETURN RECEIPT REQUESTED Lam?'>Ft MEMORANDUM n0 77 TO: Dr. Ramesh Gihwala FROM: Bob Sledge, Environmental Speciali4 Division of Water Quality SUBJECT: Reporting Requirements Whispering Pines Rest Home WWTP NPDES Permit NCO063797 Please find attached copies of letters previously sent to you regarding your failure to submit discharge monitoring reports (DMRs) for the Whispering Pines Rest Home. The October 5, 2007 letter was returned to our offices as undeliverable. The August 28, 2007 letter was sent to the same Shelby address, but not via certified mail, so I am not sure if it was delivered to you. Please contact me at your earliest convenience to provide information regarding the status of the facility and its potential for discharge of treated wastewater. If no response is received, I will have no other option except to proceed with civil penalty assessments for violations of NPDES permit reporting requirements. Thank you for your cooperation in this matter. I can be reached at (919) 733-5083, extension 547, or via e-mail at bob.sledge@ncmail.net. attachments cc: Enforcement File V1C!I1RiiV.11�P - ego . Central Files NorthCarolina AVatura!!y North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, INC 27699-1617 Phone (919) 733-7015 Customer Service Internet: www.ncwaterquality.or_- Location: 512 N. Salisbury St. Raleigh, NC 27604 Fax (919) 733-2496 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer —50% Recycledl10% Post Consumer Paper wa Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Coleen H. Sullins, Director Division of Water Quality August 28, 2007 Mr. Ramesh Gihwala Higalaw Enterprises, LLC 123 West Marion Street Shelby, NC 28150 SUBJECT: Non Receipt of Discharge Monitoring Report Higalaw Enterprises, LLC — Whispering Pines Rest Home NPDES Permit Number NCO063797 Cleveland County Dear Mr., Gihwala: This is to inform you that the Division of Water Quality has not received your discharge monitoring report (DMR) for June 2007. Water quality regulations require that monthly monitoring reports shall be filed no later than 30 days after the end of the reporting period for which the report is made. Failure to submit reports as required will subject the violator to the assessment of a civil penalty of up to $25,000 per violation. To prevent further action, please submit this report to the Division's Central Files office at the letterhead address within 15 days or notify this office as to any problem preventing its timely receipt. You will be considered noncompliant with the self -monitoring requirements of your NPDES permit until the report has been submitted. Additional action, including the assessment of civil penalties, may be taken. if the report is not submitted within the time frame specified above. This letter additionally provides notice that this office will recommend the assessment of civil penalties if future reports are not received within the required time frame during the next twelve (12) reporting months. The Division must take these.steps because timely submittal of discharge monitoring reports is essential to the efficient operation of our water quality programs. It is noted the facility has experienced an extended period of not discharging. If you expect this situation to continue into the foreseeable future, you may wish to have the permit placed on "inactive" status. Under this designation, ORC visitation and submittal of DMRs would not be required as long as the wastewater treatment system had no potential to discharge, but you would be required to continue paying all fees associated with the permit. If.you would be interested in having this status conferred upon the permit, please contact Bob Sledge of my staff to discuss the matter. We appreciate your assistance in this matter. If you have any questions about this letter or discharge monitoring reports, please contact Bob Sledge at (919) 733-5083, extension 547, or via e-mail at bob.sledge@ncmail.net. Sincerel , Sus n A. Wilson, Supervisor NPDES Western Unit cc: NPDES Enforcement File Mooresville Regional Office One Central Files NorthCarolina Jl�atura!!y North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone (919) 733-7015 Customer Service Internet: www.ncwaterauality.oro Location: 512 N. Salisbury St. Raleigh, NC 27604 Fax (919) 733-2496 1-877-623-6748 Ppppp" O�O� W AT �9QG r O '< Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources October 5, 2007 CERTIFIED MAIL 7002 0510 0000 5461 5198 RETURN RECEIPT REQUESTED Mr. Ramesh Gihwala Higalaw Enterprises, LLC 123 West Marion Street Shelby, NC 28150 SUBJECT: NOTICE OF VIOLATION: NOV-2007-LR-0075 Higalaw Enterprises, LLC — Whispering Pines Rest Home NPDES Permit Number NCO063797 Cleveland County Dear Mr. Gihwala: Coleen H. Sullins, Director Division of Water Quality This is to inform you that the Division of Water Quality has not received your discharge monitoring reports (DMRs) for June and July 2007. Water quality regulations require that monthly monitoring reports shall be filed no later than 30 days after the end of the reporting period for which the report is made. Failure to submit reports as required will subject the violator to the assessment of a civil penalty of up to $25,000 per violation. To prevent further action, please submit this report to the Division's Central Files office at the letterhead address within 15 days or notify this office as to any problem preventing its timely receipt. You will be considered noncompliant with the self-monitoringrequirements of your NPDES permit until the report has been submitted. Additional action, including the assessment of civil penalties, may be taken if the report is not submitted within the time frame specified above. On August 28, 2007 this office sent you a letter advising you it had not received the June 2007 DMR and reminded you of your requirement to submit DMRs. The letter also pointed out an option you could pursue if the facility was to remain inactive that would eliminate your requirement to submit DMRs on a monthly basis. To date we have not received any correspondence from you asking to avail yourself of this option. Therefore, the decision has been made to send,this Notice of Violation and remind you again of the potential for additional enforcement if reports are not submitted as required. ' This letter additionally, provides notice that this office will recommend the assessment of civil penalties if future reports are not received within the required time frame during the next twelve (12) reporting months. The Division must take these steps because timely submittal of discharge monitoring reports is essential to the efficient operation of our water quality programs. We appreciate your assistance in this matter. ose NCarolina Naturally North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone (919) 733-7015 Customer Service Internet: www.ncwaterguality.org Location: 512 N. Salisbury St. Raleigh, NC 27604 Fax (919) 733-2496 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer — 50% Recycled/10% Post Consumer Paper Mr. Ramesh Gihwala NOV-2007-LR-0075 p. 2 If you have any questions about this letter or discharge monitoring reports, please contact Bob Sledge at (919) 733-5083, extension 547. Sincerely, p.. S san A. Wilson, Supervisor U NPDES Western Unit cc: NPDES Enforcement File Mooresville Regional Office Central Files Michael F. Easley, Governor William G. Ross Jr., Secretary I oith Carolina Department of Environment and Natural Resources October 5, 2007 CERTIFIED MAIL 7002 0510 0000 5461 5198 RETURN RECEIPT REQUESTED Mr. Ramesh Gihwala Higalaw Enterprises, LLC 123 West Marion Street Shelby, NC 28150 SUBJECT: NOTICE OF VIOLATION: NOV-2007-LR-0075 Higalaw Enterprises, LLC — Whispering Pines Rest Home NPDES Permit Number NCO063797 Cleveland County Dear Mr. Gihwala: to OCT - 8 2007 NC DENR MRO M-Surface Water Protection This is to inform you that the Division of Water Quality has not received your discharge monitoring reports (DMRs) for June and July 2007. Water quality regulations require that monthly monitoring reports shall be filed no.later than 30 days after the end of the reporting period for which the report is made. Failure to submit reports as required will subject the violator to the assessment of a civil penalty of up to $25,000 per violation. To prevent further action, please submit this report to the Division's Central Files office at the letterhead address within 15 days or notify this office as to any problem preventing its timely receipt. You will be considered noncompliant with the self -monitoring requirements of your NPDES permit until the report has been submitted. Additional action, including the assessment of civil penalties, may be taken if the report is not submitted within the time frame specified above. On August 28, 2007 this office sent you a letter advising you it had not received the June 2007 DMR and reminded you of your requirement to submit DMRs. The letter also pointed out an option you could pursue if the facility was to remain inactive that would eliminate your requirement to submit DMRs on a monthly basis. To date we have not received any correspondence from you asking to avail yourself of this option. Therefore, the decision has been made to send,this Notice of Violation and remind you again of the potential for additional enforcement if reports are not submitted as required. This letter additionally provides notice that this -office will recommend the assessment of civil penalties if future reports are not received within the required time frame during the next twelve (12) reporting_ months. The Division must take these steps because timely submittal of discharge monitoring reports is essential to the efficient operation of our water quality programs. We appreciate your assistance in this matter. No�rthCarolina JVatura!!y North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone (919) 733-7015 Customer Service _ Internet: www.ncwaterquality.ore Location: 512 N. Salisbury St. Raleigh, NC 27604 Fax (919) 733-2496 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer— 50% Recycled/l0% Post Consumer Paper Mr. Ramesh Gihwala NOV-2007-LR-0075 p. 2 If you have any questions about this letter or discharge monitoring reports, please contact Bob Sledge at (919) 733-5083, extension 547. Sincerely, Of S san A. Wilson, Supervisor 0 NPDES Western Unit cc: NPDES Enforcement File Central Files JUN 2 7 2007 C j4 ®r -I pm l o 5 l=I} iZ `V -514 L Z- 3y 0. t C C-R, i ) I-' ► c fit- r / 0 /' itt- 7 v 9.3 Mr. Ramesh Gihwala Higalaw Enterprises, LLC 123 West Marion Street Shelby, NC 28150 SUBJECT Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources August 28, 2007 g SEP s. Non Receipt of Discharge Monitoring Report Higalaw Enterprises, LLC — Whispering Pines Rest Home s NPDES Permit Number NC0063797 n! - Cleveland County Dear Mr. Gihwala: This is to inform you that the Division of Water Quality has not received your discharge monitoring report (DMR) for June 2007. Water quality regulations require that monthly monitoring reports shall be filed no later than 30 days after the end of the reporting period for which the report is made. Failure to submit reports as required will subject the violator to the assessment of a civil penalty of up to $25,000 per violation. To prevent further action, please submit this report to the Division's Central Files office at the letterhead address within 15 days or notify this office as to any problem preventing its timely receipt. You will be considered noncompliant with the self -monitoring requirements of your NPDES permit until the report has been submitted. Additional action, including the assessment of civil penalties, may be taken if the report is not submitted within the time frame specified above. This letter additionally provides notice that this office will recommend the assessment of civil penalties if future reports are not received within the required time frame during the next twelve (12) reporting months. The Division must take these steps because timely submittal of discharge monitoring reports is essential to the efficient operation of our water quality programs. It is noted the facility has experienced an extended period of not discharging. If you expect this situation to continue into the foreseeable future, you may wish to have the permit placed on "inactive" status. Under this designation, ORC visitation and submittal of DMRs would not be required as long as the wastewater treatment system had no potential to discharge, but you would be required to continue paying all fees associated with the permit. If.you would be interested in having this status conferred upon the permit, please contact Bob Sledge of my staff to discuss the matter. We appreciate your assistance in this matter. If you have any questions about this letter or discharge monitoring reports, please contact Bob Sledge at (919) 733-5083, extension 547, or via e-mail at bob.sledge@ncmail.net. - SincereI , Sus n A. Wilson, Supervisor. NPDES Western Unit cc: NPDES Enforcement File 19 +oreb,..V R. ' ona" a if One Wi Central Files NorthCarolinaNatundy North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone (919) 733-7015 Customer Service Internet: www.ncwaterqualitv.org Location: 512 N. Salisbury St. Raleigh, NC 27604 Fax (919) 733-2496 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer— 50% Recycled/10% Post Consumer Paper Michael F. Easley, Govem William G. Ross Jr., Secretary rNorth Carolina Department of Environment and Natural Resources Dr. Ramesh Gihwala Higalaw Enterprises, LLC 825 Majestic Court Gastonia, North Carolina Dear Dr. Gihwala: December 14, 2006 28054 Alan W. Klimek, P.E. Director Division of Water Quality Subject: Operator in Responsible Charge Designation Whispering Pines Rest Home WWTP NPDES Permit No. NCO063797 Cleveland County As required by 15A NCAC 8G .0201 and your permit, you must designate an Operator in Responsible Charge (ORC) and Back-up Operator of the appropriate type and grade for the subject facility. Your facility requires a Grade 1 or higher Biological Water Pollution Control System ORC and a Grade 1 or higher Back-up Operator. After a review of your recent Discharge Monitoring Report (DMR) submittals it was noted that the ORC completing the DMRs (Mr. Phillip C. Craft) has not been designated for your facility. In addition, a Back-up Operator has not been designated for the facility. , Please complete and return the enclosed ORC designation form to this office by January 12, 2007. Failure to designate a properly certified ORC and Back-up Operator by the above date constitutes a violation of the permit issued for the facility. It is the understanding of this Office that there is currently no discharge from the Whispering Pines Rest Home WWTP because the facility is closed. Along with the submittal of the ORC Designation Form please inform this Office as to the status of the Whispering Pines Rest Home and plans to reopen the facility. If you have questions concerning this matter, please do not hesitate to contact Ms. Marcia Allocco at 704/663-1699. Sincerely, Samar Bou-Ghazale Surface Water Protection Acting Regional Supervisor MA �.�* NCDENR Nof1e Carolina No Mooresville Regional Office Division of Water Quality Phone 704-663-1699 Customer Service Internet: www.ncwateMuali - .ore 610 East Center Ave, Suite 301 Mooresville, NC 28115 Fax 704-663-6040 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer— 50% Recycled/10% Post Consumer Paper Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources October 11, 2006 CERTIFIED MAIL 7003 0500 0002 6814 3748 RETURN RECEIPT REQUESTED Mr. John Gold Higalaw Enterprises, LLC 1085 Old Boiling Springs Road Shelby, NC 28152 SUBJECT: Final Notice - Delinquent Annual Fee Whispering Pines Rest Home WWTP NPDES Permit NCO063797 Cleveland County Dear Mr. Gold: Alan W. Klimek, P.E. Director Division of Water Quality OCT 1 2 200E All NPDES permittees must pay an Annual Compliance Monitoring Fee. The fee requirement is documented in your current permit at Part II. B. 14. Your annual fees for the periods April 1, 2005 - March 31, 2006 and April 1, 2006 — March 31, "2007 have not been paid. The amount owed is $1,430.00 ($715.00 for each year); copies of the invoices previously sent by the Division's Budget Office are attached. Failure to pay the annual fee is grounds for revocation of your permit, as documented in part II. 'Be 13 and II. B. 14. This matter must be promptly resolved. This letter serves as final notice that the Division will refer the fee[s] noted above to the North Carolina . Attorney General's Office for collection through the courts unless payment in the amount of $1,430.00 is received by November 1, 2006. Make checks payable to NC DENR; include the permit number[s] for which you are submitting payment on the check. If you have evidence that the fee has already been paid, please contact me by phone at (919) 733-5083, extension 547 or via e-mail at bob.sledge@ncmail.net. Sincerely, Robert L. Sledge Western NPDES Unit cc: Central Files NPDES File Vloores,ville Regional`Office = SWP-Section DWQ -Budget Office - Fran McPherson North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone (919) 733-7015 Internet: www.ncwateEguality.org Location: 512 N. Salisbury St. Raleigh, NC 27604 Fax (919) 733-2496 NoithCarolina Naturally Customer Service 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer — 50% Recycled/10% Post Consumer Paper 'IN NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES 2 0 0 6 P INVOICE R 0 0 4 7 1 1 Annual Permit Fee Overdue This annual fee is required by the North Carolina Administrative Code. It covers the administrative costs associated with your permit. It is required of any person holding a permit for any time during the annual fee period, regardless of the facility's operating status. Failure to pay the fee by the due date will subject the permit to revocation. Operating without a valid permit is a violation and is subject to a $10,000 per day fine. If the permit is revoked and you later decide a permit is needed, you must reapply, with the understanding the permit request may be denied due to changes in environmental, regulatory; or modeling conditions. Permit Number: NCO063797 Cleveland County Whispering Pines Rest Home John Gold Higalaw Enterprises LLC 1085 Old Boiling Springs Shelby, NC 28152 0 Annual Fee Period: 2006-04-01 to 2007-03-31 Invoice Date: 05/17/06 Due Date: 06/16/06 Annual Fee: $715.00 Notes: 1. A $25.00 processing fee will be charged for returned checks in accordance with the North Carolina General Statute 25-3-512. 2. Non -Payment of this fee by the payment due date will initiate the permit revocation process. 3. Remit payment to: NCDENR - Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 4. Should you have any questions regarding this invoice, please comtact the Annual Administering and Compliance Fee Coordinator at 919-733-5083 extension 210 (Return This Portion With Check) ANNUAL PERMIT INVOICE Permit Number: NCO063797 Cleveland County Whispering Pines Rest Home John Gold Higalaw Enterprises LLC 1085 Old Boiling Springs Shelby, NC 28152 2 0 0 6 P R 0 0 4 7 1 1 Overdue Annual Fee Period: 2006-04-01 to 2007-03-31 Invoice Date: 05/17/06 Due. Date: 06/16/06 Annual Fee: $715.00 Check Number: NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES INVOICE 2 0 0 5 P R 0 0 44 6 9 Annual Permit Fee Overdue This annual fee is required by the North Carolina Administrative Code. It covers the administrative costs associated with your permit. It is required of any person holding a permit for any time during the annual fee period, regardless of the facility's operating status. Failure to pay the fee by the due date will subject the permit to revocation. Operating without a valid permit is a violation and is subject to a $10,000 per day fine. If the permit is revoked and you later decide a permit is needed, you must reapply, with the understanding the permit request may be denied due to changes in environmental, regulatory, or modeling conditions. Permit Number: NCO063797 Cleveland County Whispering Pines Rest Home John Gold Higalaw Enterprises LLC 1085 Old Boiling Springs Shelby, NC 28152 Annual Fee Period: 2005-04-01 to 2006-03-31 Invoice Date: 05/18/05 Due Date: 06/17/05 Annual Fee: $715.00 Notes: 1. A $25.00 processing fee will be charged for returned checks in accordance with the North Carolina General Statute 25-3-512. 2. Non -Payment of this fee by the payment due date will initiate the permit revocation process. 3. Remit payment to: NCDENR - Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 4. Should you have any questions regarding this invoice, please comtact the Annual Administering and Compliance Fee Coordinator at 919-733-5083 extension 210 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - (Return This Portion With Check) ANNUAL PERMIT INVOICE Permit Number: NCO063797 Cleveland County Whispering Pines Rest Home John Gold Higalaw Enterprises LLC 1085 Old Boiling Springs Shelby, NC 28152 Overdue Annual Fee Period: 2005-04-01 to 2006-03-31 Invoice Date: 05/18/05 Due Date: 06/17/05 Annual Fee: $715.00 Check Number: w AT S9QG 7 r > May 12, 2005 Dr. Ramesh Gihwala Higalaw Enterprises LLC 825 Majestic Court Suite A Gastonia, North Carolina 28054 Michael F. Easley . vemor / William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek-, P. E. Director Division of Water Quality Subject: Compliance Evaluation Inspection Whispering Pines Rest Home WWTP NPDES Permit No. NCO063797 Cleveland County, NC Dear Dr. Gihwala: Enclosed is a copy of the Compliance Evaluation Inspection Report for the inspection conducted at the subject facility on May 5, _2005 by Mr. Barry Love of this Office. Please inform the facility's Operator -in -Responsible Charge of our findings by forwarding a copy of the enclosed report to him. The report should be self-explanatory; however, should you have any questions concerning this report, please do not hesitate to contact Mr. Love or me at (704) 663-1699. Sincerely, D. Rex Gleason, P.E. Surface Water Protection Regional Supervisor Enclosure cc: Cleveland County Health Department BL No thparolina wuauruury - • ----- -- N. C. Division of Water Quality, Mooresville Regional Office, 610 East Center Avenue, Suite 301, Mooresville NC 28115 (704) 663-1699 Customer Service 1-877-623-6748 United States Environmental Protection Agency Form Approved. EPA Washington, D.C. 20460 OMB No. 2040-0057 Water Compliance Inspection Report Approval expires 8-31-98 Section A: National Data System Coding i.e., PCS Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 INI 2 1 5 I 31 NC0063.797 111 121 05/05/05 117 18 U L J 19 20 U u �- Remarks 211 1 1 1 Jill 1 1 1 1 Jill 1 1 1 1 1 1-1 1 11 1 1 1 1 1 1 I I I I 1 1 1 1 1 1 1 1 1 1 166 Inspection Work Days Facility Self -Monitoring Evaluation Rating 61 QA Reserved 67 1 3.0 J 69 70 U 71 U 72 U 73 U 74 751 I I I I I I 180 Section B: Facility Data Name and Location of Facility. Inspected (For Industrial Users discharging to POTW, also include Entry Time/Date Permit Effective Date POTW name and NPDES permit Number) Whispering Pines Rest Home 0 9: so AM 05/05/05 03/11/01 Exit Time/Date Permit Expiration Date 1056 College Ave 10:10 AM 05/05/05 06/06/31 Name(s) of Onsite Representative(s)lrities(s)/Phone and Fax Number(s) Other Facility Data Phillip C Craft/ORC/704-487-9087/ Name, Address of Responsible Official/Title/Phone and Fax Number c Ramesh Gihwala, Owner,825 Majestic Ct Gastonia NC 28054//704-853-�OnaFted Section C: Areas Evaluated During Inspection (Check only those areas evaluated) Permit - N Flow Measurement Operations & Maintenance Records/Reports Self -Monitoring Program 0 Facility Site Review Effluent/Receiving Waters Laboratory Section.D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s) and Signature(s) of nspector(s) Agency/Office/Phone and Fax Numbers Date Barry F Love MRO WQ//704-663-1699 Ext.263/ Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date Richard M Bridgeman 704-663-1699 Ext.264/ EPA Form 3560-3 (Rev 9-94) Previous editions are obsolete. NPDES yr/mo/day Inspection Type (cont.) 1 31 NC0063797 I11 12I OS/OS/OS 117 18 U Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) The rest home has been closed for over a year. The ORC stated that the permittee has been trying to get a license to operate the rest home, but as yet has not had any success. The facility has several issues which need to be addressed if it is to be put back into use. These issues were mentioned in the comments sections of this report. If no discharge is anticipated in the near future the permittee may request that the permit be placed on inactive status. This would eliminate the need for the permittee to submit a monthly discharge monitoring report (DMR). 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: The plant is in the front yard of the rest home. Operations & Maintenance Is the plant generally clean with acceptable housekeeping? Does the facility analyze process control parameters, for ex: MLSS, MCRT, Settleable Solids, pH, DO, Sludge Judge, and other that are applicable? Comment: The plant has not been in operation for over a year. The rest home has been closed for over a year with nc one using the premises. Disinfection -Tablet Are cylinders secured adequately? Are cylinders protected from direct sunlight? Is there adequate reserve supply of disinfectant? Are tablet chlorinators operational? - Are the tablets the proper size and type? Number of tubes in use? Yes_ No NA NE ❑ ❑ ■ ❑ ■ ❑ ❑ ❑ ❑ ■ ❑ ❑ ❑ ■ ❑ ❑ ■ ❑ ❑ ❑ WFM .. ._ ■ ■ ■ Yes No NA NE ❑ ❑ ■ ❑ ❑ ❑ ■ ❑ ❑ ❑ ❑ ■ ■ ❑ ❑ ❑ ❑ ❑ O ■ 0 (Sodium Hypochlorite) Is pump feed system operational? ❑ ❑ ■ ❑ Is bulk storage tank containment area adequate? (free of leaks/open drains) ❑ ❑ ■ ❑ Is the level of chlorine residual acceptable? ❑ ❑ ■ O Is the contact chamber free of growth, or sludge buildup? ❑ ❑ ■ ❑ Is there chlorine residual prior to de -chlorination? ❑ ❑ ■ ❑ Comment: Since there has been no flow into the plant other than rain onto the sand filter, no chlorine is added. The permit includes a total residual chlorine daily maximum limit of 28 ug/L effective May 1, 2005. If the plant were put bacN into operation, a de -chlorination unit would most likely be needed to comply with the new limit. Septic Tank (If pumps are used) Is an audible and visual alarm operational? Is septic tank pumped on a schedule? Are pumps or syphons operating properly? Are high and low water alarms operating properly? Comment: Sand Filters (Low rate) (If pumps are used) Is an audible and visible alarm Present and operational? Is the distribution box level and watertight? Is sand filter free of ponding? Is the sand filter effluent re -circulated at a valid ratio? Is the sand filter surface free of algae or excessive ve Is the sand filter effluent re -circulated at a valid ratio? Comment: The sand filter had vegetation growing on operation. tation? pproximately 3 to 1) This should be removed if the plant is to be put back into 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? Is proper temperature set for sample storage (kept at 1.0 to 4.4 degrees Celsius)? Yes No NA NE ❑ ❑ ■ ❑ ❑ ❑ ❑ ■ ■ ❑ O ❑ ❑❑■❑ ❑ ■ ❑ ❑ ❑ ❑ ■ ❑ Yes No NA NE ❑ O ■ ❑ ❑ ❑ ■ ❑ ❑ O ■ ❑ ❑❑®❑ Laboratory Incubator (Fecal Coliform) set to 44.5 degrees Celsius+/- 0.2 degrees? Incubator (BOD) set to 20.0 degrees Celsius +/- 1.0 degrees? Comment: The facility has Pace listed on their DMR's as the contract lab although no samples have been analyzed in over a year. Flow Measurement - Ffflu.nt Is flow meter used for reporting? Is flow meter calibrated annually? Is the flow meter operational? (If units are separated) Does the chart recorder match the flow meter? Comment: Water meter readings are used to determine effluent flow. Record Keening Are records kept and maintained as required by the permit? Is all required information readily available, complete and current? Are all records maintained for 3 years (lab. reg. required 5 years)? Are analytical results consistent with data reported on DMRs? Is the chain -of -custody complete? O&M Manual As built Engineering drawings Schedules and dates of equipment maintenance and repairs Dates, times and location of sampling Name of individual performing the sampling Results of analysis and calibration Dates of analysis Name of person performing analyses Transported COCs Are DMRs complete: do they include all permit parameters? Has the facility submitted its annual compliance report to users and DWQ? (If the facility is = or > 5 MGD permitted flow) Do they operate 24/7 with a certified operator on each shift? Is the ORC visitation log available and current? Is the ORC certified at grade equal to or higher than the facility classification? Is the backup operator certified at one grade less or greater than the facility classification? Is a copy of the current NPDES permit available on site? MON Yes_ No NA NE o■o❑ ❑ O ■ O 1313 ■ ❑ O ❑ ■ ❑ Yes No NA NE 013130 ■ ❑ ❑ ❑ O O ❑ ■ ❑❑■❑ ❑ ❑ ■ O 13 13 1313 ■ O ❑ ❑ O ■ DOND ■❑❑0 ■ ❑ ❑ ❑ ■ ❑ ❑ ❑ O 1313 ■ Facility has copy of previous year's Annual Report on file for review? ❑ ❑ ❑ ■ Comment: Since the plant has not been in use, the ORC simply records "no flow" on the days he visits the site. The DMR should be filled out completely including Operator Arrival Time, Operator Time on Site, and ORC on Site even if no flow is reported. The ORC stated he visits the site weekly although this was not documented on the DMR. The ORC stated that a backup operator is available, but he is not designated. The permit requires the Permittee to designate an ORC and backup ORC for the plant. A designation form is enclosed with this report. Effluent Sam Ip ing Is composite sampling flow proportional? Is sample collected below all treatment units? Is proper volume collected? Is the tubing clean? Is proper temperature set for sample storage (kept at 1.0 to 4.4 degrees Celsius)? Is the facility sampling performed as required by the permit (frequency, sampling type representative)? Comment: No flow has been reported from the plant for more than a year. Yes No NA NF ❑ ❑ ■ O O O O ■ ❑ ❑ ❑ ■ ❑ ❑ ■ ❑ O ❑ ❑ ■ ❑ ❑ ❑ ■ Is right of way to the outfall properly maintained? Are the receiving water free of foam other than trace amounts and other debris? If effluent (diffuser pipes are required) are they operating properly? Comment: The ORC was not sure where the outfall was located. Yes No NA NE ❑ N ❑ ❑ ❑ ❑ ❑ M ❑ ❑ M ❑ Water Pollution Control System Designation Form WPCSOCC NCAC 15A:08G .0201 General Information: Permittee Owner/Officer Name: Mailing Address: City: State: Telephone Number: (� Zip: .Signature: Date: �rrrrrrrrrrrrrrrrrr'■rarrrrrrrr,■rrr�rrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrr■ Facility Information: Facility: Permit Number: County: ! SUBMIT A SEPARATE FORM FOR EACH TYPE OF SYSTEM! Mark (X) Type of Facility Class (1— 4) Class Wastewater Plant Spray Irrigation N/A Physical/Chemical Land Application N/A Collection System Subsurface N/A �rrrrrrtrrrrrrarrtrrraarrrrrrrrrrrrrrrrrrrrarrrrrrr-■r■rrrr�rrrrrrrrrrrrrrrr■ Operator in Responsible Charge: Print Name: Social Security # Certificate Type and Grade: Certificate #: Work Telephone: (, ) Signature: :�rrrrrrrrrrrrrrrrrrrr-■rrrrrrrrrrrrrrrrrrrrrrrrrrrrrr�arrrrrrrrrrr�rrrrrrrrr■ Back -Up Operator in Responsible Charge: Print Name: Social Security # Certificate Type and Grade: Work Telephone: (___) _ Mail or Fax to: Signature: WPCSOCC 1618 Mail Service Center Raleigh, N.C. 27699-1618 Fax: 919/733-1338 Certificate #: Reviwd 10/20f1p --------------/-----'-- --~-^-'`~- -----`---- --~--r ---`w-7----'`�'--==�-- '— --- -- 4 ---'----- -------------'-- -----' - --''----- -- - - r -- ' -------' -- --- -- ---------- -' October 25, 2004 NCDNER 610 East Center Street Mooresville, NC 28115 Attn: Mr. Wes Bell Dear Wes, Enclosed are two copies of the letter I sent to Mr. Gihwala. I also faxed a copy to Mr. James Pugh in Raleigh. Mr. Gihwala finally contacted me by mail saying that I had not filed the DMR's with the State. I called Michele Phillips and she verified that all reports are on file through July 2004. I have the reports for August and September of 2004 that I didn't file due to lack of payment. When I get paid, I will file the remaining reports. I stopped visiting the plant as of October 1st, 2004 r incerely, Bill Hodge 1 OZ Y eo' t IN- � f s /-) olcml /�, 175 Balmy Ln. Rutherfordton, N.C. 28139 September 17 ,2004 Dr. Ramesh Gihwala 825Majestic Court Suite A Gastonia, N.C. 28054 Dear Dr. Gihwala, This letter is to inform you that September 30, 2004 will be my final day to service your Whispering Pines Septic System. I am also informing NCDENR of this decision. I will have the data necessary to file the proper reports for the months of August and September, however they will NOT be mailed to the State until payment in full has been made to Water Tech for my services since February of this year. The total amount due is $2373.00. ($339.00 X 7) The August report is due on Sept. 30. If it is not filed on time, the State will fine you $500.00 for a late report. I do not know the fine for not filing a report at all. I will also be sending you this letter by certified mail. Sincerely, Bill Hodge Ait i /9_ gvur �-e �d r J'`�� �S / m /3 DATE SEP-28-2004 NAME TEL. FAX COISTF = RMAT:]E ®1V WE 02:03 PM PHONE 19197331338 PAGES 2/2 START TIME 09-28 02:03PM ELAPSED TIME 00'18" MODE ECM BLACK RESULTS OK L) I V Uf V?K I Lh IJURL I I Y r ax:'31 y !;J,JZyyh Qct "Lb ZLIU4 I Li: Y y -E North Carolina Department of Environment and Natural Resources Division of Water Quality Michael r. Easley, Gomnor October 25, 2004 Attention: BM Hodge RE: NCO063797 W nispering Pines Rest Horne Dear MY- Hodge, iellliam G. Ross, Jr., Secretary Alan W. Klimek, P.E., Director Per our conversation today, October 25, 2004, the discharge monitoring zepoxts fox NCO063797 for the period beginning July 2003 thi ough July 2004 have been receivrrd by our Central Files Department. if you have arty questions or require additional information, J en be reached at 919-733- 7015 ext. 534. Yours mrLily, 1 t Nlic ele Phillips Information Processing Assistant 1617 W Service Center, Raleigh, North Carolina 27699-1617 512 N- Sahshuy St., Raleigh, Nort; e Carolina 27604 Phone_ 919-733-70151 FAX 919.733-2ZO ! Internet:: h2o.enr.state.nc.us IOne N6f- Kato a An Equal OpportunitylAtfirmative Action Employer -- 60% Recycled/10% Post Consumer Paper OCT-25-2004 MON 01:20PM ID: PRGE:1 October 25, 2004 Dr. Ramesh Gihwala, MD 825 Majestic Court, Suite A Gastonia, NC 28054 Dear Dr. Gihwala, I am sorry for the delay in responding to your letter. I didn't find it until Friday, October 22, 2004 I have contacted Michele Phillips at 919 733-7015, Extension 534, and she verified that all DMR reports are on file through July 2004. I still have August and September DMR's, as I informed you that these reports would not be filed until I was paid in full. Attached is a complete record of charges and payments since you took ownership of the facility in 2003. You made one payment of $1,806.00 on November 17, 2003 for services from June through October 2003. The only other payment you made was on March 8, 2004, which covered services for the period November 2003 through January 2004. The charge entered at the first of each month is for the previous month's service. I hope this clarifies any questions you may have regarding your account. If not, you may call me at 828 286-3407 Attached is a copy from NCDENR of the DMR's on file. Your copies of the DMR's are in my custody, as I have no safe place to leave them. You will receive all records just as soon as your account has been settled. Sincerely, Bill Hodge ORC -Vk4 I 1 . G'' ✓ r ^ �jy hod l% z 02J _,<- �& - 3)6 rT7 Jy ii �i! e / J 5 4C J ff. PAM Pei )5 0/(?f/ � 175 Balmy Ln. Rutherfordton, N.C.28139 September 17 ,2004 Dr. Ramesh Gihwala 825Majestic Court Suite A Gastonia, N.C. 28054 Dear Dr. Gihwala, This letter is to inform you that September 30, 2004 will be my final day to service your Whispering Pines Septic System. I am also informing NCDENR of this decision. I will have the data necessary to file the proper reports for the months of August and September , however they will NOT be mailed to the State until payment in full has been made to Water Tech for my services since February of this year. The total amount due is $2373.00. ($339.00 X 7) The August report is due on Sept. 30. If it is not filed on time, the State will fine you $500.00 for a late report. I do not know the fine for not filing a report at all. I will also be sending you this letter by certified mail. Sincerely, Bill Hodge Un UL. NAME TEL. �'AX CONF 3C RMA'3C'� ®N DL.r-zo-2004 TUE 02:03 PM PHONE PAGES START TIME ELAPSED TIME MODE RESULTS 19197331338 2/2 09-28 02:03PM 00'18" ECM BLACK OK Ir-K U118['IIY rax:'jIyrI,;•ayr, I.,ILI_ _D ? L I I j 4 I.1:_10 r.ul iIF."A 4K jnrtharottr>a na amantf Ertwirorsment end tea#ut'at Mageturclus Division of Water Quality c,t?ae i F . Esslsy, G(jvprnnr October 25, 2004" AtteIItioia: Bill Hodge RE: NCO063797 Whispering Fines Rest Home, Dear .iNtx - Hodge, William 0, Ross, Jr,, Secretary Alan W. Klimek, P.E., Director P;r our i;onversadou today, October'x5, 2004, the discharge monitwing repUrts fo): NC0063797 for the period beginning July 2003 tb,Tough July 2004 have been received by our k;entral Files Department. If you .bave any questions or require additional information, l cau be reached at 919-733.7015 ext. 534. Yrnirs wily, P I. Nlicips Wormadon Processing Assistant 7617 Mail Service Canter, Raleigh, North Carolina 27699-1617 12 N- Sabi -busy St., Raleigh, Nora: Carolina M04 Phone: 919.733.7016 / FAX 919.733-2496 / Intemet:: h2mmstate.nc,us An Equal OppartunitylAffirmative Action Employer -- 60% Recycled/? 0% Post Consumer Raper One ar NthCarohna W�� 01-- _-2I_IG-4 l ON CII:22 Phl ICE: PAGE: 1 October 25, 2004 Dr. Ramesh Gihwala, MD 825 Majestic Court, Suite A Gastonia, NC 28054 Dear Dr. Gihwala, I am sorry for the delay in responding to your letter. I didn't find it until Friday, October 22, 2004 I have contacted Michele Phillips at 919 733-7015, Extension 534, and she verified that all DMR reports are on file through July 2004. 1 still have August and September DMR's, as I informed you that these reports would not be filed until I was paid in full. Attached is a complete record of charges and payments since you took ownership of the facility in 2003. You made one payment of $1,806.00 on November 17, 2003 for'services from June through October 2003. The only other payment you'made was on March 8, 2004, which covered services for the period November 2003 through January 2004. The charge entered at the first of each month is for the previous month's service. I hope this clarifies any questions you may have regarding your account. If not, you may call me at 828 286-3407 Attached is a copy from NCDENR of the DMR's on file. Your copies of the DMR's are in my custody, as I have no safe place to leave them. You will receive all records just as soon as your account has been settled. Sincerely, Bill Hodge ORC 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 Ms. Sybil Joy Bell Whispering Pines Rest Home 1056 College Avenue Shelby, North Carolina Dear Ms. Bell: N,NcD �, �., IVAfOR�l NOR-r- -INA DEPAIi ENVIRONMENT RAND NATURAµu,RE��U�F , S August 15, 2003 AUG 2 0 2003 28150 WATER LI 9 SEC Subject: Draft NPDES Permit Permit NCO063797 Whispering Pines Rest Home WWTP Cleveland County Enclosed with this letter is a copy of the draft permit for your facility. Please review the draft very carefully to ensure thorough understanding of the conditions and requirements it contains. The draft permit contains the following significant changes from your current permit: ➢ A total residual chlorine (TRC) limit has been added to this permit. The limit will take effect 18 months after the effective date of the final permit. See the attached TRC policy memo for details. Submit any comments to me no later than thirty days following your receipt of the draft. Comments should be sent to the address listed at the bottom of this page. If no adverse comments are received from the public or from you, this permit will likely be issued in October, with an effective date of November 1, 2003. If you have any questions or comments concerning this draft permit, call me at (919) 733-5083, extension 511. Sincerely, l Charles H. Weaver, Jr. NPDES Unit cc: NPDES Unit ooresv lle lZegional ®ffice /r- er Quality Section 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 919 733-5083, extension 511 (fax) 919 733-0719 An Equal Opportunity Affirmative Action Employer Charles.Weaver@ ncmail.net 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 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 This permit and authorization to discharge shall expire at midnight on August 31, 2008. Signed this day 6<4FT-- Alan W. Klimek, P.E., Director Division of Water Quality -By Authority 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. Latitude: 35'14'52" Longitude: 81 °37'20" Quad # G12NE Receiving Stream: Sugar Branch Stream Class: C Subbasin: 30804 SHELBY 4.9 MI. NCO063797 Whispering Pines Rest Home Facility Location North SCALE 1:21SOCO Permit NCO063797 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 Measurement 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 NH3 as N Monthly Grab Effluent Fecal Coliform (geometric mean) 200/100 ml 400/100 ml 2/Month Grab Effluent Total Residual Chlorines 28 /rg/L 2/Week Grab Effluent Temperature Weekly Grab Effluent pH2 2/Month Grab Effluent Footnotes: 1. Limit takes effect 18 months from the effective date of the permit. 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. OF W A rFR ,ot a� �n NCDERR o �c TO: NPDES Unit Staff FROM: David A. Goodrich Q�'1 NPDES Unit Supervisor Michael F. Easley Governor William G. Ross, Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E., Director Division of Water Quality June 19, 2003 SUBJECT: Total Residual Chlorine Policy for NPDES permits Every three years the State is required by the Clean Water Act to review its surface water quality standards and classifications, determine if changes are needed and to make any necessary changes. This review process is referred to as the "triennial review." Public hearings were held to solicit comments for the 2000-2003 Triennial Review of surface water quality standards during the summer of 2002. The Hearing Officer's recommendations were presented before the state's Environmental Management Commission on October 10, 2002. The Hearing Officer's recommended changes included modifications to the existing standards for Arsenic, Cyanide, Nlethylene Blue Active Substances (NIBAS) and Total Residual Chlorine (TRC). The Hearing Officer also recommended the addition of a standard for Methyl Tert-Butyl Ether (NITBE). All of the Hearing Officer's proposed changes were adopted with the exception of MTBE. The changes took effect on April 1, 2003. This memo documents the changes to the NPDES permitting policy for TRC limits. Total Residual Chlorine (TRC) Previously, TRC had an Action Level Standard, except in designated Trout waters. The Triennial Review changes modified the TRC Action Level Standard to an Aquatic Life Standard of 17 µg/L. The Aquatic Life Standard will remain for designated Trout waters. Aquatic Life Standard — 17 µg/L (freshwater only) Trout Waters — 17 µg/L Revised TRC Policy ➢ TRC limits will be assigned to permit renewals and all new permits issued after April 1, 2003. ➢ Facilities that do not use chlorine will not receive a TRC limit; however, the presence of a chlorine back-up system to augment LTV or other disinfection requires a TRC limit. ➢ Facilities discharging to streams with a 7Q10 <0.05 cfs (zero -flow streams) will receive a limit of 17 µg/L. ➢ Limits u7ll be capped at 28 µg/L to protect against acute impacts. It is likely that many facilities u-ill need to add dechlorination (or use another means of disinfection) to comply with the new TRC standard. Therefore, a compliance schedule of 18 months from the effective date of the permit may be added to any TRC limit added during the current permit renewal. This time period is allowed in order for the facility to budget and design/construct the dechlorination and/or alternative disinfection system(s). The NPDES Unit has promulgated minimum design criteria in order to expedite permitting of dechlorination equipment. cc: Coleen Sullins Regional Office Supen'Isors (Dechlorination guidance attached) Shannon Langley Performance Annual Report - No DEFT. OF EC RMEM I. General Information AND NATURAL RESOURCES ESVILLE RE0ICmAI oFMCE Facility / System Name: Whispering Pines _tom Responsible Entity: Sybil Joy Bell Person in Charge/Contact: Bill Hodge Applicable P.ermit(s): NCO063797 Description of Collection System or Treatment Process: WAR ISM L' SO ' W The treatment plant is comprised of a septic tank and sand filter. The new sludge is collected and treated in the septic tank and then dosed on to the filter bed. The treated water is disinfected with chlorine and discharged into the creek. II. Performance Text Summary of System Performance for the Fiscal Year ending June 30, 2002: All the wastewater is treated and tested to meet specific state requirements. Weekly samples analyzed showed the treated water to be in compliance with the permitted limits for each month during the fiscal year ending June 30, 2002. List (by month) any violations of permit conditions or other environmental regulations. Monthly Lists should include discussion of any environmental impacts and corrective measures taken to Address violations. There were no violations of permit conditions for Whispering Pines for the fiscal year ending June 30, 2002. in Notification State how this report has been made available to users or customers of the system and how those users have been notified of its availability. A public notice will be posted in the main office of Whispering Pines. A copy of the performance annual report will be available for users in the main office. IV. Certification I certify under penalty of law that this report is complete and accurate to the best of my knowledge. I further certify that this report has been made available to the users or customers of the name system and that those users have been notified of its availability. L,�/�Z ResponsibleTerso Date Title Entity Sybil Joy Bell Sybil Joy Bell 1085 Old Boiling Springs Road Shelby, NC Dear Permittee: Michael F. Easley �►+�idJ �^^ Governor NCDENR William G. F�g,�s,.Jr., Secretary ',ce- r .; � u �r,4 North Carolina Department of Environment and;N'�tu,ral,Resources t Alan W. Klimek','P.E., Dire6f66'�,L0,,q:F0Ct. Division of Water Qualitq�,`) January 3, 2003 F: �1/a12 2 2©o0 i 28152 Q j� IM Subject: Renewal Notice NPDES Permit NCO063797 Whispering Pines Rest Home Cleveland County The subject permit expires on August 31, 2003. North Carolina Administrative Code (15A NCAC 2H.0105(e)) requires that an application for permit renewal be filed at least 180 days prior to expiration of the current permit. If you have already mailed your renewal application, you may disregard this notice. To satisfy this requirement, your renewal package must be sent to the Division postmarked no later than March 4, 2003. Failure to request renewal of the permit by this date may result in a civil assessment of at least $500.00. Larger penalties may be assessed depending upon the delinquency of the request. If any wastewater discharge will occur after August 31, 2003 (or if continuation of the permit is desired), the current permit must be renewed. Discharge of wastewater without a valid permit would violate North Carolina General Statute 143-215.1 and could result in assessment of civil penalties of up to $25,000 per day. If all wastewater discharge has ceased at your facility and you wish to rescind this permit, contact Bob Sledge of the Division's Compliance Enforcement Unit at (919) 733-5083, extension 547. You may also contact the Mooresville Regional Office at (704) 663-1699 to begin the rescission process. Use the enclosed checklist to complete your renewal package. The checklist identifies the items you must submit with the permit renewal application. If you have any questions, please contact Valery Stephens at (919) 733-5083, extension 520. Sincerely, Charles H. Weaver, Jr. NPDES Unit cc: Central Files Mooresvrlle.Regional Office, Wafer_Qu�l�ty_Sectiorr NPDES File 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 919 733-5083, extension 520 (fax) 919 733-0719 VISIT US ON THE INTERNET@http://h2o.ehr.state.nc.us/NPDES e-mail: valery.stephens@ncmail.net NPDES Permit NCO063797 Whispering Pines Rest Home Cleveland County The following items are REQUIRED for all renewal packages: ❑ A cover letter requesting renewal of the permit and documenting any changes at the facility since issuance of the last permit. Submit one signed original and two copies. ❑ 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 (such as a consulting engineer or environmental consultant) prepares the renewal package, written documentation must be provided showing the authority delegated to any such Authorized Representative (see Part II.B.11.b of the existing NPDES permit). ❑ A narrative description of the sludge management plan for the facility. Describe how sludge (or other solids) generated during wastewater treatment are handled and disposed. If your facility has no such plan (or the permitted facility does not generate any solids), explain this in writing. Submit one signed original and two copies. The following items must be submitted by any Municipal or Industrial facilities discharging process wastewater: Industrial facilities classified as Primary Industries (see Appendices A-D to Title 40 of the Code of Federal Regulations, Part 122) and ALL Municipal facilities with a permitted flow >_ 1.0 MGD must submit a Priority Pollutant Analysis (PPA) in accordance with 40 CFR Part 122.21. The above requirement does NOT apply to privately owned facilities treating 100% domestic wastewater, or facilities which discharge non process wastewater (cooling water, filter backwash, etc.) PLEASE NOTE: Due to a change in fees effective January 1, 1999, there is no renewal fee required with your application package. Send the completed renewal package to: Mrs. Valery Stephens NC DENR / Water Quality / Point Source Branch 1617 Mail Service Center Raleigh, NC 27699-1617 Performance Annual RepQrt- I. General Information Facility / System Name: Whispering Pines Responsible Entity: Sybil Joy Bell Person in Charge/Contact: Bill Hodge Applicable Permit(s): NCO063797 Description of Collection System or Treatment Process: AL, ! POf N.0 l.. f ?" - d`s•''1rFIONIPLie? G gi`t.r` irt,.r. �to_�lt_'•.i:��.. DEC 1 C 2002 The treatment plant is comprised of a septic tank and sand filter. The new sludge is collected and treated°rn" the septic tank and then dosed on to the filter bed. The treated water is disinfected with chlorine and discharged into the creek. H. Performance Text Summary of System Performance for the Fiscal Year ending June 30, 2002: All the wastewater is treated and tested to meet specific state requirements. Weekly samples analyzed showed the treated water to be in compliance with the permitted limits for each month during the fiscal year ending June 30, 2002. List (by month) any violations of permit conditions or other environmental regulations. Monthly Lists should include discussion of any environmental impacts and corrective measures taken to Address violations. There were no violations of permit conditions for Whispering Pines for the fiscal year ending June 30, 2002. in. Notification State how this report has been made available to users or customers of the system and how those users have been notified of its availability. A public notice will be posted in the main office of Whispering Pins, A copy of the performance annual report will be available for users in the main office. --� I IV. Certification I certify under penalty of law that this report is complete and cc ur to to the best of my`l I further certify that this report has been made available to th useris customers of the system and that those users have been notified of its availabil i 7 jCi i" Responsible.persoiDate Title �/ L Entity ,. PUBLIC NOTICE STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION POST OFFICE BOX 27687 RALEIGH, NORTH CAROLINA 27611-7687 NOTIFICATION OF INTENT TO ISSUE A STATE NPDES PERMIT On the basis of thorough staff review and application of Article 21 of Chapter 143, General Statutes of North Carolina, Public Law 92-500 and other lawful standards and regulations, the North Carolina Environmental Management Commission proposes to issue a permit to discharge to the persons listed below effective 9/15/90 and subject to special conditions. Persons wishing to comment upon or object to the proposed determinations are invited to submit same in writing to the above address no later than 8/31/90 . All comments received prior to that date will be considered in the formulation of final determinations regarding the proposed permit. A public meeting may be held where the Director of the Division of Environmental Management finds a significant degree of public interest in a proposed permit. A copy of the draft permit is available by writing or calling the Division of Environmental Management, P.O. Box 27687, Raleigh, North Carolina 27611-7687, (919) 733-7015. The application and other information may be inspected at these locations during normal office hours. Copies of the information on file are available upon request and payment of the costs of reproduction. All such comments or requests regarding a proposed permit should make reference to the NPDES permit number listed below. Date_ 7 is George T. Everett, Director Division of Environmental Management Public notice of intent to issue a State NPDES permit to the following: - t. 3, Box 350, Shelby, NC 28150 has applied for a permit renewal for a facility located at Whispering Pines Rest Home, at the intersection of NCSR 1123 & NC 150, east of Boiling Springs, t, The facility discharges 0.0025 MGD of treated domestic wastewater from one outfall into Sugar Branch, a Class C stream in the Broad River Basin which has a 7Q10 flow of 0.53 cfs. RE C EIVE"D waater Qual ty .echo( ,Asheville �n Oiic2 Asheville, North i; ;olina Permit No. NCO063797 STATE OF NORTH CAROLINA UcrARTMt: NT OF ENVIRONMENT, HEIaLTH, 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, R, and III hereof. This permit shall become effective This permit and the authorization to discharge shall expire at midnight on December 31, 1993 Signed this day George T. Everett, 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, 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. UNITED STATES D PVTMENT OF THE INTERIOR GEOLOGICAL SURVEY SHELBY 4.9 Mt. 3 1 3I BOILING SPRINGS 26 ml 44 5 000, E. 1 820000 FEET (S.C.) '46 351 447 t 2 7 60, 300 I Maple Sp C XK 39000 DO N. ��� i� - \12 9 11148 6- 1900 3899 % '7 L 8s 1 7 7�5 3898 8' 3000 FEET `�' U (�� Sti�e S 0� 15, Dam Ax i 13 0 N 3897 0' A. (). EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS FINAL Permit No. NC006379' During the period beginning on the effective date of the permit and lasting until expiration, the Pemuttee 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 NH3asN Fecal Coliform (geometric mean) Total Residual Chlorine Temperature Discharge Limitations Monitoring Requirements Measurement Sample *Sample Monthly Avg. Weekly Avg. Dally Max Frequency Tyl2e Location 0.0025 MGD Weekly Instantaneous I or E 30.0 mg/I 45.0 mg/I 2/Month Grab E 30.0 mg/I 45.0 mg/I 2/Month Grab E Monthly Grab ' E 200.0 /100 ml 400.0 /100 ml 2/Month Grab E Daily Grab E Weekly Grab E *Sample locations: E - Effluent, I - Influent The pH shall not be less than-6.0 standard units nor greater than 9.0 standard units and shall be monitored 2/month at the effluent by grab sample. There shall be no discharge of floating solids or visible foam in other than trace amounts.