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Home My WebLink AboutNC0066249_Regional Office Physical File Scan Up To 11/10/20200.e Carolyn & John Edmundson Country Acres MHP 25 Keith Memorial Dr. Mills River, NC 28759 MAY 16 2018 VM W *nNyl RegkmW Opom Ions May 1, 20i8 Dear Carolyn and John, I have enjoyed working with you and your wastewater facility (NC0066249) for so many years but we will be resigning at the end of the month as ORC (JF Edwards, WW Grade IV, #7573) and Backup ORC (DJ Edwards, WW Grade I, #989839). Sincerely, JF Edwards Copies to: WPCSOCC, NC Dept. of Environmental Quality, 217 W. Jones St., Raleigh, NC 27603 ✓ Asheville Regional Office, NC Dept. of Environmental Quality, 2090 Hwy. US 70, Swannanoa, NC 28778 i Certified Mail # 7016 1370 000165718072 Return ReceiRt Requested June 15, 2017 Carolyn F Edmundson Country Acres Mobile Home Park 25 Keith Memorial Dr Mills River, NC 28759-2522 SUBJECT: NOTICE OF VIOLATION Tracking Number: NOV-2017-LV-0432 Permit No.' NC0066249 Country Acres MHP WWTP Henderson County Dear Permittee: A review of the May 2017 Discharge Monitoring Report (DMR) for the subject facility revealed the violation(s) indicated below: Limit Exceedance Violation(s): Sample Limit Reported Location Parameter Date Value Value Type.of Violation 001 Effluent Coliform, Fecal MF, MFC Broth, 5/2/2017 400 1,550 Daily Maximum Exceeded 44.5 C (31616) Remedial actions, if not already implemented, should be taken to correct any noted problems. The Division of Water Resources may pursue enforcement actions for this and any additional violations' State of North Carolina I Environmental Quality I Water Resources 2090 U.S. 70 Highway, Swannanoa, NC 28778 828-296-4500 i i� If you have any questions concerning this matter, please contact Janet Cantwell of the Asheville Regional Office at 828-296-4500. Sincerely, G. Landon Davidson, P.G., Regional Supe ' -.or Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDEQ L WQS A-sheeviUe-Regional Office= Enfiorcemen File NPDES Compliance/Enforcement Unit - Enforcement File G:\WR\WQ\Henderson\Wastewater\Minors\Country Acres MHP 66249\NOV-2017-LV-0432.rtf Certified Mail # 7014 0510 0000 4466 4880 Return Receipt Requested September 14, 2016 Carolyn F Edmundson Country Acres Mobile Home Park 25 Keith Memorial Dr Mills River, NC 28759-2522 SUBJECT: NOTICE OF VIOLATION Tracking Number: NOV-2016-LV-0516 Permit No. NCO066249 Country Acres MHP WWTP Henderson County Dear Permittee: A review of the June 2016 Discharge Monitoring Report (DMR) for the subject facility revealed the violation(s) indicated below: Limit Exceedance Violation(s): Sample Limit Reported Location Parameter Date Value Value Type of Violation 001 Effluent Coliform, Fecal MF, MFC Broth, 6/13/2016 400 727 Daily Maximum Exceeded 44.5 C (31616) Remedial actions, if not already implemented, should be taken to correct any noted problems. The Division of Water Resources may pursue enforcement actions for this and any additional violations. State of North Carolina I Environmental Quality I Water Resources 2090 U.S. 70 Highway, Swannanoa, NC 28778 828-296-4500 .07 : - 'i, . If you have any questions concerning this matter, please contact Janet Cantwell of the Asheville Regional Office at 828-296-4500. Sincerely, G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDEQ CQS=AshevillelRegionaROM ce-= Enforcement Fife NPDES Compliance/Enforcement Unit - Enforcement File J. Fred Edwards/ ORC G:\WR\WQ\Henderson\Wastewater\Minors\Country Acres MHP 66249\NOV-2016-LV-0516.rtf North Carolina Department of Envi Pat McCrory Governor Ms. Carolyn Edmundson Country Acres Mobile Home Park 22 Keith Memorial Dr Mills River, NC 28759 Dear Ms. Edmundson: November 2, 2015 '0.4 v�: f . CV1P yTKrwa� YW L•^-C'^u'1'a...n. �_�.. -r.+.'F+ (l9 G }. Timental Quality ' A'?1 R E C T ` Division of wa �? R svan der aart r:rw Sec etary DEC 2 2015 Water Quality Regional Operations Reoion3i (? Irg Subject: Issuance of NPDES Permit NCO066249 Country Acres MHP WWTP Henderson County Class WW-2 Division,personnel have reviewed and approved your application for renewal of the subject permit. Accordingly, we are forwarding the attached NPDES discharge permit. This permit is issued pursuant to the requirements of North Carolina General Statute 143-215.1 and the Memorandum of Agreement between North Carolina and the U.S. Environmental Protection Agency dated October 15, 2007 (or as subsequently amended). This final permit includes no major changes from the draft permit sent to you on July 15, 2015. If any parts, measurement frequencies or sampling requirements contained in this permit are unacceptable to you, you have the'right to an adjudicatory hearing upon written request within thirty (30) days following receipt of this letter. This request must be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings (6714 Mail Service Center, Raleigh, North Carolina 27699-6714). Unless such demand is made, this decision shall be final and binding. Please note that this permit is not transferable except after notice to the Division. The Division may require modification or revocation and reissuance.of the permit. This permit does not affect the legal requirements to obtain any other Federal, State, or Local governmental permit that may be required. If you have any questions concerning this permit, please contact Charles Weaver at telephone number (919) 807- 6391. Since ly, S. Jay Zimmerman, Di or Division of Water Resources cc: -entr 1Fales h vaileeg1 Ofx NPDES Unit 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 512 North Salisbury Street, Raleigh, North Carolina 27604 Phone: 919 807-6300 / FAX 919 807-6489 / http://portal.ncdenr.org/web/wq An Equal Opportunity/Affirmative Action Employer - 50% Recycled/101/o Post Consumer Paper Permit NC0066249 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. Ms. Carolyn F. Edmundson is ]hereby authorized to: I. Continue to operate an existing 0.006 MGD extended aeration wastewater treatment system with the following components: ♦ Manual bar Screen ♦ 6,000 gallon aeration tank ♦ Dual motor and blower (36 cftn) controls providing diffused air ♦ . 1,000 gallon clarifier with skimmer and sludge returns ♦ Aerobic digester ♦ Tablet chlorinator ♦ V-notch weir ♦ Effluent pump tank w/duplex 50 gpm submersible pumps ♦ High water alarms ♦ 350 linear feet of 2" force main to outfall The facility is located NW of Mills River at Country Acres Mobile Home Park (25 Keith Memorial Drive) in Henderson County. 2. Discharge from said treatment works at the location specified on the attached map into McDowell Creek, currently classified C waters in sub -basin 04-03-02 of the French Broad River Basin. Page 2 of 6 Permit NCO066249 . STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF WATER RESOURCES PERMIT TO DISCHARGE WASTEWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provisions of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, Ms. Carolyn F. ]Edmundson is hereby authorized to discharge wastewater from a facility located at the Country Acres Mobile Home Park 25 Keith Memorial Drive NW of Mills River Henderson County to receiving waters designated as McDowell Creek in the French Broad River Basin in accordance with effluent limitations, monitoring requirements, and other conditions set forth in Parts I, II, III and IV hereof. This permit shall become effective December 1, 2015. This permit and authorization to discharge shall expire atmidnighton November- 30, 2020-.- -- - - - - - - - - - Signed this day November 2, 20 S. a immerman, Director ion of Water Resources By Authority of the Environmental Management Commission Page 1 of 6 Permit NCO066249 PART I A. (1) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS [15A NCAC 02B .0400 et seq., 02B .0500 et seq.] .During the period beginning on the effective date of this permit and lasting until expiration, the Permittee is authorized to discharge from outfall 001. Such discharges shall be limited and monitored' by the Permittee as specified below: CHARACI'ERISTIICS LlM[TS• :1ViONITO1dING 1tE;QUIREMENTS Parameter Codes MontllY'. y, Ave"rage ;, 1Vleasurementp ; .,Saanple Sample Fre . Maxiinaiai, ; .uenc 9_ , Y --Type Location Flow 50050 0.006 MGD Weekly Instantaneou Influent or s Effluent BOD, 5-day (20°C) C0310 30.0 mg/L 45.0 mg/L 2/Month Grab Effluent Total Suspended Solids C0530 30.0 mg/L 45.0 mg/L 2/Month Grab Effluent NH3 as N C0610 2/Month Grab Effluent Fecal Coliform (geometric mean) 31616 200/100 ml 400/100 ml 2/Month Grab Effluent Total Residual Chlorine2 50060 28 µg/L 2/Week Grab Effluent Temperature (°C) 00010 Weekly Grab Effluent pH Not < 6.0 nor > 9.0 00400 Standard Units Weekly Grab Effluent Footnotes: 1. No later than 270 days from the effective date of this permit, begin submitting discharge monitoring reports electronically using NC DVVR's eDMR application system [see A. (2)]. 2. Limit and monitoring applies only if chlorine is added for disinfection. The Division shall consider all effluent TRC values reported below 50 µg/l to be in compliance with the permit. However, the Permittee shall continue to record and submit all values -reported by -a: North-Carohna certified laboratory (including field certified), even if these values fall below 50 µg/1. THERE SHALL BE NO DISCHARGE OF FLOATING SOLIDS OR VISIBLE FOAM IN OTHER THAN TRACE AMOUNTS. Page 3 of 6 Permit NCO066249 A. (2.) ELECTRONIC REPORTING OF DISCHARGE MONITORING REPORTS [G. S. 143-215.1(b)] Proposed federal regulations require electronic submittal of all discharge monitoring reports (DMRs) and specify that, if a state does not establish a system to receive such submittals, then permittees must submit DMRs electronically to the Environmental Protection Agency (EPA). NOTE: This special condition supplements or supersedes the following sections within Part II of this permit (Standard Conditions for NPDES Permits): • Section B. (11.) • Section D. (2.) • Section D. (6.) • Section E. (5.) Signatory Requirements Reporting Records Retention Monitoring Reports 1. Reporting [Supersedes Section D. (2.) and Section E. (5) (a)1 Beginning no later than 270 days from the effective date of this permit, the permittee shall begin reporting discharge monitoring data electronically using the NC DWR's Electronic Discharge Monitoring Report (eDMR) internet application. Monitoring results obtained during the previous month(s) shall be summarized for each month and submitted electronically using eDMR. The eDMR system allows permitted facilities to enter monitoring data and submit DMRs electronically using the internet. Until such time that the state's eDMR application is compliant with EPA's Cross -Media Electronic Reporting Regulation (CROMERR), permittees will be required to submit all discharge monitoring data to the state electronically using eDMR and will be required to complete the eDMR submission by printing, signing, and submitting one signed original and a copy of the computer printed eDMR to the following address: NC DEQ / DWR / Information Processing Unit ATTENTION: Central files / eDMR 1617 Mail Service Center Raleigh, North Carolina 27699-1617 If a permittee is unable to use the eDMR system due to a demonstrated hardship or due to the facility being physically located in an area where less than 10 percent of the households have broadband access, then a temporary waiver from the NPDES electronic reporting requirements may be granted and discharge monitoring data may be submitted on paper DMR forms (MR 1, 1. 1, 2, 3) or alternative forms approved by the Director. Duplicate signed copies shall be submitted to the mailing address above. Requests for temporary waivers from the NPDES electronic reporting requirements must be submitted in writing to the Division for written approval at least sixty (60) days prior to the date the facility would be required under this permit to begin using eDMR. Temporary waivers shall be valid for twelve (12) months and shall thereupon expire. At such time, DMRs shall be submitted electronically to the Division unless the permittee re- applies for and is granted a new temporary waiver by the Division. Information on eDMR and application for a temporary waiver from the NPDES electronic reporting requirements is found on the following web page: http://portal.iacdejir.org/web/Wq/adiiiii-Vbog/ipti/edilu Page 4 of 6 Regardless of the submission method, the first DMR is due on the last day of the month following issuance of the permit or in the case of a new facility, on the last day of the month following the commencement of discharge. 2. , Signatory Requirements fSupplements Section B. (11) (b) and supersedes Section B (11) (d)l All eDMRs submitted to the permit issuing authority shall be signed by a person described in Part II, Section B. (11.)(a) or by a duly authorized representative of that person as described in Part II, Section B. (11.)(b). A person, and not a position, must be delegated signatory authority for eDMR reporting purposes. For eDMR submissions, the person signing and submitting the DMR must obtain an eDMR user account and login credentials to access the eDMR system. For more information on North Carolina's eDMR system, registering for eDMR and obtaining an eDMR user account, please visit the following web page: littp://portal.ncdetu.org/—web/wq/admin/l-)og/ipu/edl-nr Certification. Any person submitting an electronic DMR using the state's eDMR system shall make the following certification [40 CFR 122.22]. NO OTHER STATEMENTS OF CERTIFICATION WILL BE ACCEPTED: "I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations. " 3. Records Retention [Supplements Section D. (6.)] The permittee shall retain records of all Discharge Monitoring Reports, including eDMR submissions. These records or copies shall be maintained for a period of at least 3 years from the date of the report. This period may be extended by request of the Director at any time [40 CFR 122.41]. Page 5 of 6 Ms. Carolyn.F. Edmundson Country'Acres Mobile Home Park WWTP County: Henderson Stream Class: C Receiving Stream: McDowell Creek Sub -Basin: 04-03-02 Latitude: 35' 25' 10" USGS Quad: Skyland, N.C. Longitude: - 82° 35' 30" HUC #: 06010105 Facility Location (not to scale) NORTH ermit NC0066249 Page 6 of 6 'DES Permit Standard Conditions - Page 1 of 18 PART II STANDARD CONDITIONS FOR NPDES PERMITS Section A. Definitions 2/Month Samples are collected twice per month with at least ten calendar days between sampling events. These samples shall be representative of the wastewater discharged during the sample period. 3/Week Samples are collected three times per week on three separate calendar days. These samples shall be representative of the wastewater discharged during the sample period. Act or "the Act" '; The Federal Water Pollution Control Act, also known as the Clean Water Act (CWA), as amended, 33 USC 1251, et. seq. Annual Average The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar year. In the case of fecal coliform, the geometric mean of such discharges. Arithmetic Mean. The summation of the individual values divided by the number of individual values. Bypass The known diversion of waste streams from any portion of a treatment facility including the collection system, which is not a designed or established or operating mode for the facility. Calendar Day The period from midnight of one day until midnight of the next day. However, for purposes of this permit, any consecutive 24-hour period that reasonably represents the calendar day may be used for sampling. Calendar Week The period from Sunday through the following Saturday. Calendar Quarter One of the following distinct periods: January through March, April through June, July through September, and October through December. Composite Sample A sample collected over a 24-hour period by continuous sampling or combining grab samples of at least 100 mL in such a manner as to result in a total sample representative of the wastewater discharge during the sample period. The Director may designate the most appropriate method (specific number and size of aliquots necessary, the time interval between grab samples, etc.) on a case -by -case basis. Samples may be collected manually or automatically. Composite samples may be obtained by the following methods: (1) Continuous: a single, continuous sample collected over a 24-hour period proportional'to the rate of flow. (2) Constant time/variable volume: a series of grab samples collected at equal time intervals over a 24 hour period of discharge and combined proportional to the rate of flow measured at the time of individual sample collection, or (3) Variable time/constant volume: a series of grab samples of equal volume collected over a 24 hour period with the time intervals between samples determined by a preset number of gallons passing 'the sampling point. Flow measurement .between sample intervals shall be determined by use of a flow recorder and totalizer, and the preset gallon interval between sample collection fixed at no greater than 1/24 of the expected total daily flow at the treatment system, or Version 1110912011.1 ?DES Permit Standard Conditions Page 2 of 18 (4) Constant time/constant volume: a series of grab samples of equal volume collected over a 24-hour period at a constant time interval. Use of this method requires prior approval by the Director. This method may only be used in situations where effluent flow rates vary less than 15 percent. The following restrictions also apply: ➢ Influent and effluent grab samples shall be of equal size and of no less than 100 milliliters ➢ Influent samples shall not be collected more than once per hour. ➢ Permittees with wastewater treatment systems whose detention time < 24 hours shall collect effluent grab samples at intervals of no greater than 20 minutes apart during any 24-hour period. ➢ Permittees with wastewater treatment systems whose detention time exceeds 24 hours shall collect effluent grab samples at least every six hours; there must be a minimum of four samples during a 24-hour sampling period. Continuous flow measurement Flow monitoring that occurs without interruption throughout the operating hours of the facility. Flow shall be monitored continually except for the infrequent times when there may be no flow or for infrequent maintenance activities on the flow device. Daily Discharge The discharge of a pollutant measured during a calendar day or any 24-hour period that reasonably represents the calendar day for purposes of sampling. For pollutants measured in units of mass, the "daily discharge" is calculated as the total mass of the pollutant discharged over the day. For pollutants expressed in other units of measurement, the "daily discharge" is calculated as the average measurement of the pollutant over the day. (40 CFR 122.2; see also "Composite Sample," above.) Daily Maximum The highest "daily discharge" during the calendar month. Daily ampling Parameters requiring daily sampling shall be sampled 5 out of every 7 days per week unless otherwise specified in the permit. Sampling shall be conducted on weekdays except where holidays or other disruptions of normal operations prevent weekday sampling. If sampling is required for all seven days of the week for any permit parameter(s), that requirement will be so noted on the Effluent Limitations and Monitoring Page(s). DWR or "the Division" The Division of Water Resources, Department of Environment and Natural Resources. Effluent Wastewater discharged following all treatment processes from a water pollution control facility or other point source whether treated or untreated. EMC The North Carolina Environmental Management Commission EPA The United States Environmental Protection Agency Facility Closure Cessation of all activities that require coverage under this NPDES permit. Completion of facility closure will allow this permit to be rescinded. Geometric Mean The Nth root of the product of the individual values where N = the number of individual values. For purposes of calculating the geometric mean, values of "0" (or "< [detection level]") shall be considered = 1. Grab Sample Individual samples of at least 100 mL collected over a period of time not exceeding 15 minutes. Grab samples can be collected manually. Grab samples must be representative of the discharge (or the receiving stream, for instream samples). Version 1110912011.1 `"DES Permit Standard Conditions Page 3 of 18 Hazardous Substance . Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the CWA. Instantaneous flow measurement The flow measured during the minimum time required for the flow measuring device or method to produce a result in that instance. To the extent practical, instantaneous flow measurements coincide with the collection of any grab samples required for the same sampling period so that together the samples and flow are representative of the discharge during that sampling period. Monthly Average (concentration limit) The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar month. In the case of fecal coliform or other bacterial parameters or indicators, the geometric mean of such discharges. Permit Issuing Authority The Director of the Division of Water Resources. Quarterly Average (concentration limit) The arithmetic mean of all samples taken over a calendar quarter. Severe property damage Substantial physical damage to property, damage to the treatment facilities which causes themto become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur; in the absence of a bypass. Severe property damage excludes economic loss caused by delays in production. Toxic Pollutant: Any pollutant listed as toxic under Section 307(a)(1) of the CWA. iJ stet An incident beyond the reasonable control of the Pennittee causing unintentional and temporary noncompliance with permit effluent limitations and/or monitoring requirements. An upset does not include noncompliance caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation. Weekly Average (concentration limit) The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar week. In the case of fecal coliform or other bacterial parameters or indicators, the geometric mean of such discharges. Section B. General Conditions 1. Duty to Comply The Permittee must comply with all conditions of this permit. Any permit noncompliance constitutes a violation of the CWA and is grounds for enforcement action; for permit termination, revocation and reIissuance, or modification; or denial of a permit renewal application [40 CFR 122.41]. a. The Permittee shall comply with effluent standards or prohibitions established under section 307(a) of the CWA for toxic pollutants and with standards for sewage sludge use or disposal established under section 405(d) of the CWA within the time provided in the regulations that establish these standards or prohibitions or standards for sewage sludge use or disposal, even if the permit has not yet been modified to incorporate the requirement. ' b. The CWA provides that any person who violates section[s] 301, 302, 306, 307, 308, 318 or 405 of the Act, or any permit condition or limitation implementing any such sections in a permit issued under section 402, or any requirement imposed in a pretreatment program approved under sections 402(a)(3) or:402(b)(8) of the Act, is subject to a civil penalty not to exceed $37,500 per day for each violation. [33 USC 1319(d) and 40 CFR 122.41(a)(2)] c. The CWA provides that any person who negligently violates sections 301, 302, 306, 307, 308, 318, or 405 of the Act, or any condition or limitation implementing any of such sections in a permit 'issued under section 402 of the Act, or any requirement imposed in a pretreatment program approved under section 402(a)(3) or 402(b)(8) of the Act, is subject to criminal penalties of $2,500 to $25,000 per day of violation; or Version 1110912011.1 TPDES Permit Standard Conditions Page 4 of 18 imprisonment of not more than 1 year, or both. In the case of a second or subsequent conviction for a negligent violation, a person shall be subject to criminal penalties of not more than $50,000 per day of violation, or by imprisonment of not more than 2 years, or both. [33 USC 1319(c)(1) and 40 CFR 122.41(a)(2)] d. Any person who knowingly violates such sections, or such conditions or limitations is subject to criminal penalties of $5,000 to $50,000 per day of violation, or imprisonment for not more than 3 years; or both. In the case of a second or subsequent conviction for a knowing violation, a person shall be subject to criminal penalties of not more than $100,000 per day of violation, or. imprisonment of not more than 6 years, or both. [33 USC 1319(c)(2) and 40 CFR 122.41(a)(2)] e. Any person who knowingly violates section 301, 302, 303, 306,307, 308, 318 or 405 of the Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of the Act, and who knows at that time that he thereby places another person in imminent danger of death or serious bodily injury, shall, upon conviction, be subject to a fine of not more than $250,000 or imprisonment of not more than 15 years, or both. In the case of a second or subsequent conviction for a knowing endangerment violation, a person shall be subject to a fine of not more than $500,000 or by imprisonment of not more than 30 years, or both. An organization, as defined in section 309(c)(3)(B)(iii) of the CWA, shall, upon conviction of violating the imminent danger provision, be subject to a fine of not more than $1,000,000 and can be fined up to $2,000,000 for second or subsequent convictions. [40 CFR 122.41(a)(2)] f. Under state law, a civil penalty of not more than $25,000 per violation may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of a permit. [North Carolina General Statutes § 143-215.6A] g. Any person may be assessed an administrative penalty by the Administrator for violating section 301, 302, 306, 307, 308, 318 or 405 of this Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of this Act. Administrative penalties for Class I violations are not to exceed $16,000 per violation, with the maximum amount of any Class I penalty assessed not to exceed $37,500. Penalties for Class 11 violations are not to exceed $16,000 per day for each day during which the violation continues, with the maximum amount of any Class R penalty not to exceed $177,500. [33 USC 1319(g)(2) and 40 CFR 122.41(a)(3)] 2. Duty to Mitigate The Permittee shall take all reasonable steps to minimize or prevent any discharge or sludge use or disposal in violation of this permit with a reasonable likelihood of adversely affecting human health or the environment [40 CFR 122.41(d)]. 3. Civil and Criminal Liability Except as provided in permit conditions on 'Bypassing" (Part H.C.4), "Upsets" (Part H.C.5) and "Power Failures" (Part H.C.7), nothing in this permit shall be construed to relieve the Permittee from any responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3, 143-215.6 or Section 309 of the Federal Act, 33 USC 1319. Furthermore, the Permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 4. Oil and Hazardous Substance Liability Nothing in this permit shall be construed to preclude the institution of any legal action or. relieve the Permittee from any responsibilities, liabilities, or penalties to which the Permittee is or may be subject to .under NCGS 143- 215.75 et seq. or Section 311 of the Federal Act, 33 USG 1321. Furthermore, the Permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 5. Property Rights The issuance of this permit does not convey any property rights in either real or personal property, or any exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor any infringement of Federal, State or local laws or regulations [40 CFR 122.41(g)]. 6. Onshore or Offshore Construction This permit does not authorize or approve the construction of any onshore or offshore physical structures or facilities or the undertaking of any work in any navigable waters. Version 1110912011.1 -'DES Permit Standard Conditions a Page 5 of 18 7. Severability The provisions of this permit are severable. If any provision of this permit, or the application of any provision of this permit to any circumstances, is held invalid, the application of such provision to other; circumstances, and the remainder of this permit, shall not be affected thereby [NCGS 150B-23]. 8. Duty to Provide Information The Permittee shall furnish to the Permit Issuing Authority, within a reasonable time, any information which the Permit Issuing Authority may request to determine whether cause exists for modifying, revoking and reissuing, or terminating this permit or to determine compliance with this permit. The Permittee shall also furnish to the Permit Issuing Authority upon request, copies of records required by this permit [40 CFR 122.41(h)]. 9. Duty to Reapply If the Permittee wishes to continue an activity regulated by this permit after the expiration;date of this permit, the Permittee must apply for and obtain a new permit [40 CFR 122.41(b)]. 10. Expiration of Permit The Permittee is not authorized to discharge after the expiration date. In order to receive automatic authorization to discharge beyond the expiration date, the Permittee shall submit such information, forms, and fees as are required by the agency authorized to issue permits no later than 180 days prior to the expiration date unless permission for a later date has been granted by the Director. (The Director shall not grant permission for applications to be submitted later than the expiration date of the existing permit.) [40 CFR 122.21(d)] Any Permittee that has not requested renewal at least 180 days prior to expiration, or any Permittee that does not have a permit after the expiration and has not requested renewal at least 180 days prior to expiration, will subjectithe Permittee to enforcement procedures as provided in NCGS 143-215.6 and 3'3 USC 1251 et. seq. 11. Si ng atory Requirements All applications,. reports, or information submiited to the Permit Issuing Authority shall be'signed and certified [40 CFR 122.41(k)]., a. All permit applications shall be signed as follows: (1) For a corporation: by a responsible corporate officer. For the purpose of this Section, a responsible corporate officer means: (a) a president, secretary, treasurer or vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision making functions for the corporation, or (b) the manager of one or more manufacturing, production, or operating facilities, provided, the manager is authorized to make management decisions which govern the operation of the regulated facility including having the explicit or implicit duty of making major capital investment recommendations, and initiating and directing other comprehensive measures to assure long term environmental compliance with environmental laws and regulations; the manager„can ensure that the necessary systems are established or actions taken to gather complete and accurate information for permit application requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures . (2) For a partnership or sole proprietorship: by a general partner or the proprietor, respectively; or (3) For a municipality, State, Federal, or other public agency: by either a principal executive officer or ranking elected official [40 CFR 122.22]. b. All reports required by the permit and other information requested by the Permit Issuing Authority shall be signed by a person described in paragraph a. above or by a duly authorized representative of that person. A person is a duly authorized representative only if: (1) The authorization is made in writing by aperson 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 awell or well field, superintendent, aposition of equivalent responsibility, or an individual or position having overall responsibility for environmental matters for the company. (A duly authorized representative may thus be either a named individual or any individual occupying a named position.); and (3) The written authorization is submitted'to the Permit Issuing Authority [40 CFR 122.221 Version 1110912011.1 1PDES Permit Standard Conditions Page 6 of 18 c. Changes to authorization: If an authorization under paragraph (b) of this section is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, a new authorization satisfying the requirements of paragraph (b) of this section must be submitted to the Director prior to or together with any reports, information, or applications to be signed by an authorized representative [40 CFR 122.221 d. Certification. Any person signing a document under paragraphs a. or b. of this section shall make the following certification [40 CFR 122.22]. NO OTHER STATEMENTS OF CERTIFICATION WILL BE ACCEPTED: 7 certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of theperson orpersons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility 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(Q. 13. Permit Modification, Revocation and Reissuance, or Termination The issuance of this permit does not prohibit the permit issuing authority from reopening and modifying the permit, revoking and reissuing the permit, or terminating the permit as allowed by the laws, rules, and regulations contained in Title 40, Code of Federal Regulations, Parts 122 and 123; Title 15A of the North Carolina Administrative Code, Subchapter 02H .0100; and North Carolina General Statute 143.215.1 et. al. 14. Annual Administering and Compliance Monitoring Fee Requirements The Permittee must pay the annual administering and compliance monitoring fee within thirty days after being billed by the Division. Failure to pay the fee in a timely manner in accordance with 15A NCAC 02H .0105(b)(2) may cause this Division to initiate action to revoke the permit. Section C. Operation and Maintenance of Pollution Controls 1. Certified Operator Owners of classified water pollution control systems must designate operators, certified by the Water Pollution Control System Operators Certification Commission (WPCSOCC), of the appropriate type and grade for the system, and, for each classification must [T15A NCAC 08G .0201]: a. designate one Operator In Responsible Charge (ORC) who possesses a valid certificate of the type and grade at least equivalent to the type and grade of the system; b. designate one or more Back-up Operator(s) in Responsible Charge (Back-up ORCs) who possesses a valid certificate of the type of the system and no more than one grade less than the grade of the system, with the exception of no backup operator in responsible charge is required for systems whose minimum visitation requirements are twice per year; and c. submit a signed completed "Water Pollution Control System Operator Designation Form" to the Commission (or to the local health department for owners of subsurface systems) countersigned by the designated certified operators, designating the Operator in Responsible Charge (ORC) and the Back-up Operator in Responsible Charge (Back-up ORC): (1) 60 calendar days prior to wastewater or residuals being introduced into a new system; or (2) within 120 calendar days following: ➢ receiving notification of a change in the classification of the system requiring the designation of a new Operator in Responsible Charge (ORC) and Back-up Operator in Responsible Charge (Back-up ORC) of the proper type and grade; or ➢ a vacancy in the position of Operator in Responsible Charge (ORC) or Back-up Operator in Responsible Charge (Back-up ORC). Version 1110912011.1 'DES Permit Standard Conditions Page 7 of 18 (3) within seven calendar days of vacancies in both ORC and Back-up ORC positions replacing or designating at least one of the responsibilities. The ORC of each Class I facility (or the Back-up ORC, when acting as surrogate for the ORC) must: ➢ Visit the facility as often as is necessary to insure proper operation of the treatment system; the treatment facility must be visited at least weekly ➢ Comply with all other conditions of 15A NCAC 08G .0204. The ORC of each Class H, III and IV facility (or the Back-up ORC, when acting as surrogate for the ORC) must: ➢ Visit the facility as often as is necessary to insure proper operation of the treatment system; the treatment facility must be visited at least five days per week, excluding holidays ➢ Properly manage and document daily operation and maintenance of the facility ➢ Comply with all other conditions of 15A NCAC 08G .0204. 2. Proper Operation and Maintenance The Permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the Permittee to achieve compliance with the conditions of this permit. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures. This provision requires the Permittee to install and operate backup or auxiliary facilities only when necessary to achieve compliance with the conditions of the permit [40 CFR 122.41(e)]. NOTE: Properly and officially designated operators are fully responsible for all proper operation and maintenance of the facility, and all documentation required thereof, whether acting as a contract operator [subcontractor] or a member of the Permittee's staff. 3. Need to Halt or Reduce not a Defense It shall not be a defense for a Permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the condition of this permit [40 CFR 122.41(c)]. 4. Bypassing of Treatment Facilities a. Bypass not exceeding limitations [40 CFR 122.41(m)(2)] The Permittee may allow any bypass to occur which does not cause effluent limitations to be exceeded, but only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the provisions of Paragraphs b. and c. of this section. b. Notice [40 CFR 122.41(m)(3)] (1) Anticipated bypass. If the Permittee knows in advance of the need for a bypass, it shall submit prior notice, if possible at least ten days before the date of the bypass; including an evaluation of the anticipated quality and effect of the bypass. (2) Unanticipated bypass. The Permittee shall submit notice of an unanticipated bypass as required in Part H.E.6. (24-hour notice). c. Prohibition of Bypass (1) Bypass from the treatment facility is prohibited and the Permit Issuing Authority may take enforcement action against a Permittee for bypass, unless: (A) Bypass was unavoidable to prevent loss of life, personal injury or severe property damage; (B) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate backup equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and (C) The Permittee submitted notices as required under Paragraph b. of this section. (2) Bypass from the collection system is prohibited and the Permit Issuing Authority may take enforcement action against a Permittee for a bypass as provided in any current or future system -wide collection system permit. associated with the treatment facility. Version 1110912011.1 IDES Permit Standard Conditions Page 8 of 18 (3) The Permit Issuing Authority may approve an anticipated bypass, after considering its adverse effects, if the Permit Issuing Authority determines that it will meet the three conditions listed above in Paragraph c. (1) of this section. 5. Upsets a. Effect of an upset [40 CFR 122.41(n)(2)]: An upset constitutes an affirmative defense to an action brought for noncompliance with such technology based permit effluent limitations if the requirements of paragraph b. of this condition are met. No determination made during administrative review of claims that noncompliance was caused by upset, and before an action for noncompliance, is final administrative action subject to judicial review. b. Conditions necessary for a demonstration of upset: Any Permittee who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that: (1) An upset occurred and that the Permittee can identify the cause(s) of the upset; (2) The Permittee facility was at the time being properly operated; and (3) The Permittee submitted notice of the upset as required in Part II.E.6.(b) of this permit. (4) The Permittee complied with any remedial measures required under Part II.B.2. of this permit. c. Burden of proof [40 CFR 122.41(n)(4)]: The Permittee seeking to establish the occurrence of an upset has the burden of proof in any enforcement proceeding. 6. Removed Substances Solids, sludges, filter backwash, or other pollutants removed in the course of treatment or control of wastewaters shall be utilized/disposed of in accordance with NCGS 143-215.1 and in a manner such as to prevent any pollutant from such materials from entering waters of the State or navigable waters of the United States except as permitted by the Commission. The Permittee shall comply with all applicable state and Federal regulations governing the disposal of sewage sludge, including 40 CFR 503, Standards for the Use and Disposal of Sewage Sludge; 40 CFR Part 258, Criteria For Municipal Solid Waste Landfills; and 15A NCAC Subchapter 2T, Waste Not Discharged To Surface Waters. The Permittee shall notify the Permit Issuing Authority of any significant change in its sludge use or disposal practices. 7. Power Failures The Permittee is responsible for maintaining adequate safeguards (as required by 15A NCAC 02H .0124) to prevent the discharge of untreated or inadequately treated wastes during electrical power failures either by means of alternate power sources, standby generators or retention of inadequately treated effluent. Section D. Monitoring and Records Representative Sampling Samples collected and measurements taken, as required herein, shall be representative of the permitted discharge. Samples collected at a frequency less than daily shall be taken on a day and time that is representative of the discharge for the period the sample represents. All samples shall be taken at the monitoring points specified in this permit and, unless otherwise specified, before the effluent joins or is diluted by any other wastestream, body of water, or substance. Monitoring points shall not be changed without notification to and the approval of the Permit Issuing Authority [40 CFR 122.410)]. 2. Reporting Monitoring results obtained during the previous month(s) shall be summarized for each month and reported on a monthly Discharge Monitoring Report (DMR) Form (MR 1, 1. 1, 2, 3) or alternative forms approved by the Director, postmarked no later than the last calendar day of the month following the completed reporting period. The first DMR is due on the last day of the month following the issuance of the permit or in the case of a new facility, on the last day of the month following the commencement of discharge. Duplicate signed copies of these, and all other reports required herein, shall be submitted to the following address: Version 1110912011.1 `,ODES Permit Standard Conditions Page 9 of 18 NC DENR / Division of Water Resources / Water Quality Permitting Section; ATTENTION: Central Files 1617 Mail Service Center Raleigh, North Carolina 27699-1617 3. Flow Measurements Appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges. The devices shall be installed, calibrated and maintained to ensure that the accuracy of the measurements is consistent with the accepted capability of that type of device. Devices selected shall be capable of measuring flows with a maximum deviation of less than 10% from the true discharge rates throughout the range of expected discharge volumes. Flow measurement devices shall be accurately calibrated at a minimum of once per year and maintained to ensure that the accuracy of the measurements is consistent with the accepted capability of that type of device. The Director shall approve the flow measurement device and monitoring location prior to installation. Once -through condenser cooling water flow monitored by pump logs, or pump hour meters as specified in Part I of this permit and based on the manufacturer's pump curves shall not be subject to this requirement. 4. Test Procedures Laboratories used for sample analysis must be certified by the Division. Permittees should contact the Division's Laboratory Certification Section (919 733-3908 or http://portal.ncdenr.org/web/wq/lab/cent) for information regarding laboratory certifications. Facilities whose personnel are conducting testing of field -certified parameters only must hold the appropriate field parameter laboratory certifications. Test procedures for the analysis of pollutants shall conform to the EMC regulations (published pursuant to NCGS 143-215.63 et. seq.), the Water and Air Quality Reporting Acts, and to regulations published pursuant to Section 304(g), 33 USC!1314, of the CWA (as amended), and 40 CFR 136; or in the case of sludge use or disposal, approved under; 40 CFR 136, unless otherwise specified in 40 CFR 503, unless other test procedures have been specified in this permit [40 CFR 122.41]. To meet the intent of the monitoring required by this permit, all test procedures must produce minimum detection and reporting levels that are below the permit discharge requirements and all data generated must be reported down to the minimum detection or lower reporting level of the procedure. If no approved methods are determined capable of achieving minimum detection and reporting levels below permit discharge requirements, then the most sensitive (method with the lowest possible detection and reporting level) approved method must be used. 5. Penalties for Tampering The CWA provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any monitoring device or method required to be maintained under this permit shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. If a conviction of a person is for a violation committed after a first conviction of such person under this paragraph, punishment is a fine of not more than $20,000 per day of violation, or by imprisonment of not more than 4 years, or both [40 CFR 122.41]. i 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 122.411. Version 1110912011.1 MES Permit Standard Conditions . Page 10 of 18 7. RecordingResults esults For each measurement or sample taken pursuant to the requirements of this permit, the Permittee shall record the following information [40 CFR 122.411: a. The date, exact place, and time of sampling or measurements; b. The individual(s) who performed the sampling or measurements; c. The date(s) analyses were performed; d. The individual(s) who performed the analyses; e. The analytical techniques or methods used; and f. The results of such analyses. 8. Inspection and Entry The Permittee shall allow the Director, or an authorized representative (including an authorized contractor acting as a representative of the Director), upon the presentation of credentials and other documents as may be required by law, to; a. Enter, at reasonable times, upon the Permittee's premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of this permit; b. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this permit; c. Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this permit; and d. Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise authorized by the CWA, any substances or parameters at any location [40 CFR 122.41(i)]. Section E Reporting Requirements 1. Change in Discharge All discharges authorized herein shall be consistent with the terms and conditions of this permit. The discharge of any pollutant identified in this permit more frequently than or at a level in excess of that authorized shall constitute a violation of the permit. 2. Planned Changes The Permittee shall give notice to the Director as soon as possible of any planned physical alterations or additions to the permitted facility [40 CFR 122.41(1)]. Notice is required only when: a. The alteration or addition to a permitted facility may meet one of the criteria for new sources at 40 CFR 122.29(b); or b. The alteration or addition could significantly change the nature or increase the quantity of pollutants discharged. This notification applies to pollutants subject neither to effluent limitations in the permit, nor to notification requirements under 40 CFR 122.42(a)(1); or c. The alteration or addition results in a significant change in the Permittee's sludge use or disposal practices, and such alteration, addition or change may justify the application of permit conditions that are different from or absent in the existing permit, including notification of additional use or disposal sites not reported during the permit application process or not reported pursuant to an approved land application plan. 3. Anticipated Noncompliance The Permittee shall give advance notice to the Director of any planned changes to the permitted facility or other activities that might result in noncompliance with the permit [40 CFR 122.41(1)(2)]. 4. Transfers This permit is not transferable to any person without prior written notice to and approval from the Director in accordance with 40 CFR 122.61. The Director may condition approval in accordance with NCGS 143-215.1, in particular NCGS 143-215.1(b)(4)b.2., and may require modification or revocation and reissuance of the permit, or a minor modification, to identify the new permittee and incorporate such other requirements as may be necessary under the CWA [40 CFR 122.41(1)(3), 122.61] or state statute. Version 1110912011.1 i "DES Permit Standard Conditions Page 11 of 18 5. Monitoring Reports Monitoring results shall be reported at the intervals specified elsewhere in this permit [40 CFR 122.41(l)(4)]. a. Monitoring results must be reported on a Discharge Monitoring Report (DMR) (See Part II.D.2) or forms provided by the Director for reporting results of monitoring of sludge use or disposal practices. b. If the Permittee monitors any pollutant more frequently than required by this permit using test procedures approved under 40 CFR Part 136 and at a sampling location specified in this permit or, other appropriate instrument governing the discharge, the results of such monitoring shall be included in the calculation and reporting of the data submitted on the DMR. 6. Twenty-four Hour Reporting a. The Permittee shall report to the Director or the appropriate Regional Office any noncompliance that potentially threatens public health or the environment. Any information shall be provided orally within 24 hours from the time the Permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the Permittee becomes aware of the circumstances.' The written submission shall contain a description of the noncompliance, and its cause; the period of noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the anticipated time; itis 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 t1lis 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 noncompliancenot reported under Part II.E.5 arid 6. of this permit at the time monitoring reports are submitted. The reports shall contain the information listed in Part II.E.6. of this permit [40 CFR 122.41(1)(7)]. 8. Other Informatfon 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 followingthe 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 -pasts without treatment of all or any portion of the influent to such station or facility. Persons reporting such occurrences by telephone shall also file a written report within 5 days following first knowledge of the occurrence. Also see reporting requirements for municipalities in Part IV.C.2.c. of this permit. 10. Availabilityports ! Except for data determined to be confidential under NCGS 143-215.3 (a)(2) or Section 308 of the Federal Act, 33 USC 1318, all reports prepared in accordance with the terms shall be available for public inspection at the offices of the Division. As required by the Act, effluent data shall not be considered confidential. Knowingly making any false statement on any such report may result in the imposition of criminal penalties as provided for in NCGS 143- 215.1(b)(2) or in Section 309 of the Federal Act. Version 1110912011.1 IDES Permit Standard Conditions Page 12 of 18 11. Penalties for Falsification of Reports The CWA provides that any person who knowingly makes any false statement, representation, or certification in any record or other document submitted or required to be maintained under this permit, including monitoring reports or reports of compliance or noncompliance shall, upon conviction, be punished by a fine of not more than $25,000 per violation, or by imprisonment for not more than two years per violation, or by both [40 CFR 122.41]. 12. Annual Performance Reports Permittees who own or operate facilities that primarily collect or treat municipal or domestic wastewater and have an average annual flow greater than 200,000 gallons per day shall provide an annual report to the Permit Issuing Authority and to the users/customers served by the Permittee (NCGS 143-215.1C). The report shall summarize the performance of the collection or treatment system, as well as the extent to which the facility was compliant with applicable Federal or State laws, regulations and rules pertaining to water quality. The report shall be provided no later than sixty days after the end of the calendar or fiscal year, depending upon which annual period is used for evaluation. The report shall be sent to: NC DENR / Division of Water Resources / Water Quality Permitting Section ATTENTION: Central Files 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Version 1110912011.1 I -.'DES Permit Standard Conditions Page 13 of 18 PART III OTHER REQUIREMENTS Section A. Construction a. The Permittee shall not commence construction of wastewater treatment facilities, nor add to the plants treatment capacity, nor change the treatment process(es) utilized at the treatment plant unless (1) theiDivision has issued an Authorization to Construct (AtC) permit or (2) the Permittee is,exempted from such AtC permit requirements under Item b. of this Section. b. In accordance with NCGS 143-215.1(a5) [SL 2011-394], no permit shall be required to enter into a contract for the construction, installation, or alteration of any treatment work or disposal system or to construct, install, or alter any treatment works or disposal system within the State when the system's or work's principle function is to conduct, treat, equalize, neutralize, stabilize, recycle, or dispose of industrial waste or sewage from,an industrial facility and the discharge of the industrial waste or sewage is authorized under a permit issued for the discharge of the industrial waste or sewage into the waters of the State. Notwithstanding the above, the permit issued for the discharge may be modified if required by federal regulation. 1 C. Issuance of an AtC will not occur until Final Plans and Specifications for the proposed construction have been submitted by the Permittee and approved by the Division. j Section B. Groundwater Monitoring The Permittee shall, upon written notice from the Director, conduct groundwater monitoring as may be required to determine the compliance of this NPDES permitted facility with the current groundwater standards. Section C. Changes in Discharges of Toxic Substances The Permittee shall notify the Permit Issuing Authority as soon as it knows or has reason to believe (40 CFR 122.42): a. That any activity has occurred or will occur which would result in the discharge, on a routine or frequent basis, of any toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following it levels"; ", (1) One hundred micrograms per liter (100 µg/L); (2) Two hundred micrograms per liter (200 µg/L) for acrolein and acrylonitrile; five hundred micrograms per liter (500 µg/L) for 2,4-dinitrophenol and for 2-methyl-4,6-dinitrophenol; and one milligram per liter (1 mg/L) for antimony; (3) Five times the maximum concentration value reported for that pollutant in the permit application. b. That any activity has occurred or will occur which would result in any discharge, on a non, routine or infrequent basis, of a toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels'; (1) Five hundred micrograms per liter (500 µg/L); (2) One milligram per liter (1 mg/L) for antimony; (3) Ten times the maximum concentration value reported for that pollutant in the permit application. Section D. Facility Closure Requirements F� The Permittee must notify the Division at least 90 days prior to the closure of any wastewater treatment system covered by this permit. The Division may require specific measures during deactivation of the system to prevent adverse impacts to waters of the State. This permit cannot be rescinded while any activities requiring this permit continue at the permitted facility. Version 1110912011.1 ?DES Permit Standard Conditions - Page 14 of 18 PART IV SPECIAL CONDITIONS FOR MUNICIPAL FACILITIES Section A. Definitions In addition to the definitions in Part 1I of this permit, the following definitions apply to municipal facilities: Indirect Discharge or Industrial User Any non -domestic source that discharges wastewater containing pollutants into a POTW regulated under section 307(b), (c) or (d) of the CWA. [40 CFR 403.3 (i) and 0) and 15A NCAC 02H .0903(b)(11)] Interference Inhibition or disruption of the POTW treatment processes; operations; or its sludge process, use, or disposal which causes or contributes to a violation of any requirement of the Permittee's (or any satellite POTW's if different from the Permittee)'NPDES, collection system, or non -discharge permit or prevents sewage sludge use or disposal in compliance with specified applicable State and Federal statutes, regulations, or permits. [ 15A NCAC 02H .0903(b)(14)] Pass Through A discharge which exits the POTW into waters of the State in quantities or concentrations which, alone or with discharges from other sources, causes a violation, including an increase in the magnitude or duration of a violation, of the Permittee's (or any satellite POTW's, if different from the Permittee) NPDES, collection system, or non -discharge permit. [15A NCAC 02H .0903(b)(23)] Publicly Owned Treatment Works (POTW) A treatment works as defined by Section 212 of the CWA, which is owned by a State or local government organization. This definition includes any devices and systems used in the storage, treatment, recycling and reclamation of municipal sewage or industrial wastes of a liquid nature. It also includes the collection system, as defined in 15A NCAC 2T .0402, only if it conveys wastewater to a POTW treatment plant. The term also means the local government organization, or municipality, as defined in section 502(4) of the CWA, which has jurisdiction over indirect discharges to and the discharges from such -a treatment works. In this context, the organization may be the owner of the POTW treatment plant or the owner of the collection system into which an indirect discharger discharges. This second type of POTW may be referred to as a "satellite POTW organization." [15A NCAC 02H .0903(b)(26)] "Significant Industrial User" or "SIU" An Industrial User that discharges wastewater into a publicly owned treatment works and that [15A NCAC 02H .0903(b)(33)]: 1. Discharges an average of 25,000 gallons per day or more of process wastewater to the POTW (excluding sanitary, noncontact cooling and boiler blowdown wastewaters); or 2. Contributes process wastewater which makes up five percent or more of the NPDES or non -discharge permitted flow limit or organic capacity of the POTW treatment plant. In this context, organic capacity refers to BOD, TSS and ammonia; or 3. Is subject to categorical standards under 40 CFR Part 403.6 and 40 CFR Parts 405-471; or 4. Is designated as such by the Permittee on the basis that the Industrial User has a reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement, or the POTW's effluent limitations and conditions in its NPDES or non -discharge permit, or to limit the POTW's sludge disposal options; 5. Subject to approval under 15A NCAC 02H .0907(b), the Permittee may determine that an Industrial User meeting the criteria in paragraphs 1 or 2 of this definition above has no reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement, the POTW's effluent limitations and conditions in its NPDES or non -discharge permit, or to limit the POTW's sludge disposal options, and thus is not a Significant Industrial User (SIU); or 6. Subject to approval under 15A NCAC 02H .0907(b), the Permittee may determine that an Industrial User meeting the criteria in paragraph 3 of this definition above meets the requirements of 40 CFR Part 403.3(v)(2) and thus is a non -significant categorical Industrial User. Section B. Publicly Owned Treatment Works (POTWs) Version 1110912011.1 'DES Permit Standard Conditions Page 15 of 18 All POTWs must provide adequate notice to the Director of the following [40 CFR 122.42(b)];i 1. Any new introduction of pollutants into the POTW from an indirect discharger, regardless of the means of transport, which would be subject to section 301 or 306 of CWA if it were directly discharging those pollutants; and 2. Any substantial change in the volume or character of pollutants being introduced by an indirect discharger as influent to that POTW at the time of issuance of the permit. 3. For purposes of this paragraph, adequate notice shall include information on (1) the quality and quantity of effluent introduced into the POTW, and (2) any anticipated impact that may result from the change of the quantity or quality of effluent to be discharged from the POTW. '3 Section C. Municipal Control of Pollutants from Industrial Users. i I . Effluent limitations are listed in Part I of this permit. Other pollutants attributable to inputs from Industrial Users discharging to the POTW may be present in the Permittee's discharge. At such time as sufficient information becomes available to establish limitations for such pollutants, this permit may be revised to specify effluent limitations for any or all of such other pollutants in accordance with best practicable teelmology or water quality standards. 2. Prohibited Discharges '! a. The Permittee shall develop and enforce their Pretreatment Program to implement the';prohibition against the introduction of pollutants or discharges into the waste treatment system or waste collection system which cause or contribute to Pass Through or Interference as defined in 15A NCAC 02H .09.00 and 40 CFR 403. [40 CFR 403.5(a)(1)] b. The Permittee shall develop and enforce their Pretreatment Program to implement the prohibitions against the introduction, of the following wastes in the waste treatment or waste collection systemi [40 CFR 403.5(b)]: (1) Pollutants which create a fire or explosion hazard in the POTW, including, but not limited to, wastestreams with a closed cup flashpoint of less than 140 degrees Fahrenheit or 60 degrees Centigrade using the test methods specified in 40 CFR 261.21; (2) Pollutants which cause corrosive structural damage to the POTW, but in no case discharges with pH lower than 5.0, unless the works is specifically designed to accommodate such discharges; (3) Solid or viscous pollutants in amounts which cause obstruction to the flow in the POTW resulting in Interference; (4) Any pollutant, including oxygen demanding pollutants (BOD, etc.) released in a Discharge at a flow rate and/or pollutant concentration which will cause Interference with the POTW; (5) Heat in amounts which will inhibit biological activity in the POTW resulting in Interference, but in no case heat in such quantities that the temperature at the POTW Treatment Plant exceeds 40°C (I04°F) unless the Division, upon request of the POTW, approves alternate temperature limits; (6) Petroleum oil, non -biodegradable cutting oil, or products of mineral oil origin in amounts that will cause Interference or Pass Through; (7) Pollutants which result in the presence of toxic gases, vapors, or fumes within the POTW in a quantity that may cause acute worker health and safety problems; or (8) Any trucked or hauled pollutants, except at discharge points designated by the POTW. j c. The Permittee shall investigate the source of all discharges into the POTW, including slug loads and other unusual discharges, which have the potential to adversely impact the Permittee's Pretreatment Program and/or the operation of the POTW. The Permittee shall report such discharges into the POTW to the Director or the appropriate Regional Office. Any information shall be provided orally within 24 hours from the time the Permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the Permittee becomes aware of the circumstances. The written submission shall contain a description of the discharge; the investigation into possible sources; the period of the discharge, including exact dates and times; if the discharge has not ceased, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance, Version 1110912011.1 { � _ 1IPDES Permit Standard Conditions Page 16 of 18 3. With regard to the effluent requirements listed in Part I of this permit, it may be necessary for the Permittee to supplement the requirements of the Federal Pretreatment Standards (40 CFR, Part 403) to ensure compliance by the Permittee with all applicable effluent limitations. Such actions by the Permittee may be necessary regarding some or all of the industries discharging to the municipal system. 4. The Permittee shall require any Industrial User (IU) discharging to the POTW to meet Federal Pretreatment Standards developed under Section 307(b) of the Act as amended (which includes categorical standards and specific local limits, best management practices and narrative requirements). Prior to accepting wastewater from any Significant Industrial User (SIU), the Permittee shall either develop and submit to the Division a new Pretreatment Program or, as necessary, a modification of an existing Pretreatment Program, for approval as required under section D below as well as 15A NCAC 02H .0907(a) and (b). [40 CFR 122.440)(2)] 5. This permit shall be modified, or alternatively, revoked and reissued, to incorporate or modify an approved POTW Pretreatment Program or to include a compliance schedule for the development of a POTW Pretreatment Program as required under Section 402 (b)(8) of the CWA and implementing regulations or by the requirements of the approved State pretreatment program, as appropriate. Section D. Pretreatment Programs Under authority of sections 307 (b) and (c) and 402(b)(8) of the CWA and implementing regulations 40 CFR 403, North Carolina General Statute 143-215.3(14) and implementing regulations 15A, NCAC 02H .0900, and in accordance -with the approved pretreatment program, all provisions and regulations contained and referenced in the pretreatment program submittal are.an enforceable part of this permit. [40 CFR 122.440)(2)] The Permittee shall operate its approved pretreatment program in accordance with Section 402(b)(8) of the CWA, 40 CFR 403, 15A NCAC 02H .0900, and the legal authorities, policies, procedures, and financial provisions contained in its pretreatment program submission and Division approved modifications thereof. Such operation shall include but is not limited to the implementation of the following conditions and requirements. Terms not defined in Part 11 or Part IV of this permit are as defined in 15A NCAC 02H .0903 and 40 CFR 403.3. 1. Sewer Use Ordinance (SUO) The Permittee shall maintain adequate legal authority to implement its approved pretreatment program. [I5A NCAC 02H .0903(b)(32), .0905 and .0906(b)(1); 40 CFR 403.8(f)(1) and 403.9(b)(1) and (2)] 2. Industrial Waste Survey (IWS) The Permittee shall implement an IWS consisting of the survey of users of the POTW collection system or treatment plant, as required by 40 CFR 403.8(f)(2)(i-iii) and 15A NCAC 02H .0905 [also 40 CFR 122.440)(1)], including identification of all Industrial Users that may have an impact on the POTW and the character and amount of pollutants contributed to the POTW by these Industrial Users and identification of those Industrial Users meeting the defmition of SIU. Where the Permittee accepts wastewater from one or more satellite POTWs, the IWS for the Permittee shall address all satellite POTW services areas, unless the pretreatment program in those satellite service areas is administered by a separate Permittee with an approved Pretreatment Program. The Permittee shall submit a summary of its IWS activities to the Division at least once every five years, and as required by the Division. The IWS submission shall include a summary of any investigations conducted under paragraph C.2.c. of this Part. [15A NCAC 02H .0903(b)(13), .0905 and .0906(b)(2); 40 CFR 403.8(f)(2) and 403.9] 3. Monitoring Plan The Permittee shall implement a Division -approved Monitoring Plan for the collection of facility specific data to be used in a wastewater treatment plant Headworks Analysis (HWA) for the development of specific pretreatment local limits. Effluent data from the Plan shall be reported on the DMRs (as required by Parts ILD and II.E.5.). [15A NCAC 0211.0903(b)(16), .0906(b)(3) and .0905] 4. Headworks Analysis (HWA) and Local Limits The Permittee shall obtain Division approval of a HWA at least once every five years, and as required by the Division. Within 180 days of the effective date of this permit (or any subsequent permit modification) the Permittee shall submit to the Division a written technical evaluation of the need to revise local limits (i.e., an updated HWA or documentation of why one is not needed) [40 CFR 122.44]. The Permittee shall, develop, in accordance with 40 CFR 403.5(c) and 15A NCAC 02H .0909, specific Local Limits to implement the prohibitions listed in 40 CFR 403.5(a) and (b) and 15A NCAC 02H .0909. Pursuant to 40 CFR 403.5, local limits are Version 1110912011.1 DES Permit Standard Conditions Page 17of 18 enforceable Pretreatment. Standards as defined by 40 CFR403.3(l), [15A NCAC 02H.0903(b)(10),,.0905, and -0906(b)(4)] 5. industrial User Pretreatment Permits (lUP) & Allocation Tables In accordance with NCGS 143-215.1, the Permittee, shall issue, to all Significant Industrial Users, permits for operation of pretreatment equipment di scharge di charge to the Permittee.'s collection system or treatment Works. These permits shall containlimitatio ns, sampling protocols, reporting requirements;_ appropriate standard and special conditions, and compliance schedules as necessary for the installation of 'treatment and control technologies to assure that their wastewater discharge will meet all applicable pretreatment standards and requirements. The Permittee shall maintain a current Allocation Table (AT) which summarizes, the results of the HWA and the, limits from all IUPs. Permitted IUP loadings for each parameter cannot exceed the treatment capacity of the POTW as determined by the HWA. [15A NCAC'02H .0906(b)(6), .0909, .0916, and.0917; 40 CFR 403.5, 403.8(f)(1)(iii); NCGS 1 143-215.,67(4)] 6. Authorization to Construct (&tC) The Permittee shall ensure that an Authorization to, Construct permit (AtQ is issued to all applicable Industrial Users for the, construction or modification of any, pretreatment facility. Prior to the issuance of an AtC, the proposed pretreatment facility and treatment process must, be evaluated for its capacity to comply with all Industrial User Pretreatment Permit (JUP) limitationsj I 5A NCAC, 02W.0906(b)(7)and .0.905; NCGS 143 - 215'. 1(a)(8)] 7. POTW Inspection & Monitoring oftheir11js 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. r15ANCAC '0211.0908.(e)! 40 CFR403.8(f)(2)(v)] The Permittee must: a. Inspect all Significant Industrial Users (SlUs) at least, once per calendar year; h. Sample all Significant Industrial Users (SlUs) at least once per calendar year for all Slu permit -limited parameters. including flow except as allowed under 15A NCAC .0908(c); and c. At least once per year, document an,evaluationof any non -significant categorical Industrial User for compliance with the requirements in 40 CFR 403.3(v)(2), and either continue or revoke the designation as non- significant. 8. JUSelf Monitoring and Reporting The Permittee shall require. all Industrial Users to comply with the applicable monitoring and reporting requirements outlined in the Division -approved pretreatment program, the, industry's pretreatment, permit, or in 15A NCAC 02H:.0908. [15A NCAC 02H.0906(b)(5) and.0905; 40 CFR 4018(f)(1)(Y).and (Z)(iii); 40CFR 122.440)(2) and 40 CFR 403.12] 9. Enforcement Response Plan (ERP) The: Permittee shall enforce and obtain appropriate remedies for violations of all pretreatment standards promulgated pursuant to section 307(b) and (c),of the CWA (40 CFR 405 et. seq.), prohibitive, discharge standards as set forth in 40 CFR 403.5 and 15A NCAC 0211.0909, specific local, limitations, and other pretreatment requirements. All remedies�,- enforeetnent. actions and other, shall be consistent with the Enforcement Response, Plan (ERP) approvedby the Division. [15A NCAC 0214.0903(b)(7),.0906(6)(8) and.0905; 40 CF.R403.8(f)(5)] 10. Pretreatment Annual Reports (PAR) The Permittee shall report to the Division in accordance, with 15A NCAC 02H, .0908, In lieu of submitting, annual reports, Modified Pretreatment Programs developed under 15A NCAC 02H .0904 (b), may be, required to submit a partial annual report or to meet with Division personnel periodically to discuss enforcement, of pretreatment requirements and other pretreatment implementation issues. For all other active: pretreatmentprogfams, the Permittee shall submit two, copies of a Pretreatment Annual Report (PAR) describing its pretreatment activities over the previous calendar year to the Division at, thefollowing address: Version 1110912011.4 1PDES, Permit, Standard Conditions Page 18 of 18' NC DENR /'Division of Water Resources / Water Quality Permitting Section Pretreatment, Emergency Response, and, Collection Systems (PERCS) Unit 1617 Mail Service Center Raleigh, North Carolina 27699-1617 These reports shall be submitted by March I of each year and shall contain the following: 'a. Narrative, A narrative summary detailing actions taken, or proposed, by the Permittee to'correct significant non - ,compliance and to ensure compliance: with pretreatment requirements,: h. Pretreatment Program Summary (PPS) A pretreatment program summary (PPS) on forms or in a format provided by the Division; c. Significant, 'Non -Compliance Report ,(SNCR) A list of Industrial Users,(RJS) in significant noncompliance (SNC) with pretreatment require, requirements, and the nature, of the violations on forms or in a format provided by the Division; d. JndustriatData Summary Forms (IDSF) Monitoring data from samples collected by both the POTW and, the Significant hidlistrial Users (SATs). These analytical results must be reported on Industrial Data Summary Forms (IDSF) or on other forms or in a format provided by, the Division; e. Other Information Copies of the, POTWs allocation table, new or modified enforcement compliance schedules, public, notice of Ws, in SNC, a summary of data or other information related to significant noncompliance determinations: for IUs that are not considered SIUs,, and any other information, upon request, which, in the opinion of the Director is needed to determine compliance with the pretreatment implementation requirements of this permit; 11. Public Notice The Permittee -shall publishannually a list of Industrial Users (lUs) that were in significant noncompliance (SNC) as defined in the Permittee's Division -approved Sewer Use Ordinance with applicable pretreatment requirements and standards during the previous twelve month period. This list shall be, published within four months of the applicable, twelve-month period. :I[l 5A NCAC 02H .0903(b)(34),.0908(b)(5) and .0005 and 40 CFR 403.8(f)(2)(viii)], 12.: Record Keeping The Permittee shall retain, for a minimumofthree years records of monitoring activities and results, along, with support information including general records, water quality records, and records of industrial impact on the POTW and shall retain all other Pretreatment Program records as, required by 15A NCAC 02H..0908(f). [15A NCAC 02H.0908(f); 40 CFR 401,12(o)] 13. Pretreatment Program Resources The Permittee shall maintain adequate funding and qualified personnel to accomplish the objectives of its approved pretreatment program. and retain a written description .of those current levels of inspection. '[15A NCAC 02H .0906(b)(9) and (10) and.0905; 40, CFR 403.8(f)(3), 403.9(b)(3)] 14. Modification to Pretreatment Programs, Modifications tothe approved pretreatment, program, including but not limited to local, limits, modifications, POTW monitoring of their Significant Industrial Users (SlUs),,and Monitoring Plan modifications, shallbe considered a permit modification and shall be governed by40CFR 403.18, 15 NCAC 02H.01 14 and 15A NCAC 02H .0907. Version 1110912011,1, A4C 0 L NCDE R North Carolina Department of Environment and Natural Resources Pat McCrory Governor Ms. Carolyn F. Edmundson Country Acres Mobile Home Park 25 Keith Memorial Drive Mills River, North Carolina 28759-2522 Dear Ms. Edmundson: Donald R. van der Vaart Secretary June 8, 2015 Subject: NOTICE OF VIOLATION NOV-2016-LV-0359 Permit No. NCO066249 Country Acres MHP WWTP Henderson County A review of Country Acres MHP WWTP's monitoring report for April 2016 showed the following violation: Parameter Date Limit Value Reported Value Limit Type BOD 04/01/2015 45 mg/ L 176 mg/ L Daily Maximum Exceeded Remedial actions, if not already implemented, should be taken to correct any problem. Since the comments section on the reverse of the relevant DMR provided an adequate explanation for the subject violation, it is not requested that a response be submitted. The Division of Water Resources may pursue enforcement action for this and any additional violations of State law. If you should have any questions, please do not hesitate to contact Janet Cantwell or me at 828/296-4500. Sincerely, G. Lando vidson, P.G., Regional Supervisor Water Quality Regional Operations, NCDENR Asheville Regional Office e: U:J`4 Asheville Files MSC 1617-Centra1 Files -Basement J. F. Edwards/ ORC G:jWRtWQIHendersonlWastewaterkMinars\Country Acres MHP 66249WOV-2015-LV-0359.doc Water Quality Regional Operations — Asheville Regional Office 2090 U.S. Highway 70, Swannanoa, North Carolina 28778 Phone: (828) 296.4500 Fax: (828) 299-7043 Internet: http://podal.ncdenr.org/web/wq An Equal Opportunity/ Affirmative Action Employer CDER n4j; A'' J L 0 North Carolina Department of Environment and Natural Resou�es Pat McCrory Governor Ms. Carolyn F. Edmundson Country Acres Mobile Home Park 25 Keith Memorial Drive Mills River, North Carolina 28759-2522 ;Donald R. van -der Vaart Secretary June 8, 2015 Subject: . NOTICE OF VIOLATION NOV-2015-LV-0358 Permit No. NC0066249, Country Acres MHP WWTP Henderson County Dear Ms. Edmundson: A review of Country Acres MHP WWTP's monitoring report for March 2015�`showed the following violation: 3 Parameter Date Limit Value Reported Value Limit Type Coliform, Fecal MF, M-FC Broth,44.5C 03/03/2015 400.0 #/ 100ml 1,010.0 #/ 100ml Daily Maximum Exceeded Remedial actions, if not already implemented, should be taken to correct any problem.. Since the comments section on the reverse of the relevant DMR provided an adequate explanation for the subject violation, it is not requested that a response be submitted. The Division of Water Resources may pursue enforcement action for this and any additional violations of State law. If you should have any questions, please do not hesitate to contact Janet Cantwell or me at 8281296-4500. Sincerely, G. Lando Da ' son, P.G., ionai' Supervisor Water Q Regional Operations, NCDENR Asheville Regional Office File - MSC 1617-Central Files -Basement J. F. Edwards/ ORC GtWR\WQ1Henderson\WastevraterlvlinorslCountry Acres MHP 662491N0V-2015-LV-0358.d00 Water Quality Regional Operations —Asheville Regional Office 2090 U.S. Highway 70, Swannanoa, North Carolina 28778 Phone: (828) 296.4500 Fax: (828) 299-7043 Internet: http://podal.ncdenr.org/web/wq An Equal Opportunity/ Affirmative Action Employer Pat McCrory Governor Air NCDENR - North Carolina Department of Environment and Natural Resources Donald R. van der Vaart ,a Secretary June 05, 2015 Carolyn Edmundson Country Acres Mobile Home Park 25 Keith Memorial Dr. Mills River, NC 28759 - Subject: Acknowledgement of Permit Renewal Permit NC0066249 Henderson County Dear Permittee: The NPDES Unit received your permit renewal application on June 01, 2015. A member of the IODES Unit, will review your application. They will contact you if additional information is required to complete your permit renewal. You should expect to receive a draft permit approximately 30-45 days before your existing permit expires. If you have any additional questions concerning renewal of the subject permit, please contact Maureen Kinney at (919) 807-6388. Sincerely, W rre o' Tl tAf o-rr& Wren Thedford Wastewater Branch cc: Central Files sheuifl:e ego Q=0 NPDES Unit I ar iascurcas ,j JUPJ 1 p 2015 Vlatet '�. 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 i{ Quality l3egionai Operations g �A"hl- Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 Offrce Phone: 919-807-63001 Fax: 919-807-64921Customer Service:1-877-623-6748 Internet:: www.ncwater.orq An Equal OpportunityWriirmative Action Employer Wren Thedford NC DENR/DWR/NPDES Unit 1617 Mail Service Center Raleigh, NC 27699-1617 May 6, 2015 Please renew NPDES permit # NCO066249 for Country Acres Mobile Home Park. There are no changes or expected changes in the nature or volume of the waste to be treated. Attached are the completed application forms and our sludge management plan. If additional information is needed, please advise. DECEIVED/DENR/DWR JUN 0 1 2015 Water Quality Sincerely, Permitting Section Carolyn Edmundson Owner bivi� : • curses Jl!?' i 0 2015 - noerations NPDES APPLICATION - FORM D For privately -owned treatment systems treating 100% domestic wastewaters <1.0 N GD Mail the complete application to: N. C. DENR / Division of Water Resources / NPDES Program 1617 Mail Service Center, Raleigh, NC 27699-1617 NPDES Permit 000066249 If you are completing this form in computer use the TAB key or the up - down arrows to move from one field to the next. To check the boxes, click your mouse on top of the box. Otherwise, please print or type. 1. Contact Information; Owner Name Facility Name Mailing Address City State / Zip Code Telephone Number Fax Number e-mail Address Carolyn Edmundson Country Acres Mobile Home Park 25 Keith Memorial Drive C WR Mills River J U N 0 12015 NC z Water Quality (828-891-3261) Permitting Sertjor i L GcG (h a ,sd 2. Location of facility producing discharge: Check here if same address as above x[�-' Street Address or State Roado;��. City ``yo N, - State / Zip Code County Henderson 3. Operator Information: Name of the firm, public organization or other entity that operates the facility. (Note that this is not referring to the Operator in Responsible Charge or ORC) Name Safety & Environmental Consulting, Inc. Mailing Address 64 Web Place City Mills River State / Zip Code NC Telephone Number (828-684-8722) Fax Number ( ) e-mail Address jfedwards@morrisbb.net 1 of 3 For,-D 9/2013 NPDE S APPLICATION - FORM D For privately -owned treatment systems treating 100% domestic wastewaters <1.0 A 1GD 4. Description of wastewater: Facility Generating Wastewater(check all that apply): Industrial Commercial Residential School Other ❑ Number of Employees ❑ Number of Employees xB� Number of Homes 24 ❑ Number of Students/Staff ❑ Explain: Describe the source(s) of wastewater (example: subdivision, mobile home park, shopping centers, restaurants, etc.): Mobile Home Park Number of persons served: 34 5. Type of collection system x2'Separate (sanitary sewer only) 6. Outfall Information: Number of separate discharge points ❑ Combined (storm sewer and sanitary sewer) 0 Outfall Identification number(s) 001 Is the outfall equipped with a diffuser? ❑ Yes x[21 o 7. Name of receiving stream(s) (1Vg�W cappliccants: Provide a map showing the exact location of each outfall): McDowell Creek 8. Frequency of Discharge: xa Continuous If intermittent: Days per week discharge occurs: 7 ❑ Intermittent Duration: 24hrs / day 9. Describe the treatment system List all installed components, including capacities, provide design removal for BOD, TSS, nitrogen and phosphorus. If the space provided is not sufficient, attach the description of the treatment systen! in a separate sheet of paper. 0.006 MGD extended aeration package plant consisting of bar screen, aeration tank, dual motor and blower controls, sedimentation and sludge holding compartments, chlorine contact chamber followed by dechlorination, effluent lift pump, and aerobic digester. 2of3 For n-D 9/2013 NPDE S APPLICATION - FORM D For privately -owned treatment systems treating 100% domestic wastewaters <1.0 DIGD Flow Information: Treatment Plant Design flow 0.006 MGD Annual Average daily flow 0.003 MGD (for the previous 3 years) Maximum daily flow 0.003 MGD (for the previous 3 years) 11. Is this facility located on Indian country? ❑ Yes xB-*-No 12. Effluent Data NEW APPLICANTS: Provide data for the parameters listed. Fecal Coliform, Temperature and pH shall beg) ab samples, for all other parameters 24-hour composite sampling shall be used. If more than one analysis is reported, report daily maximum and monthly average. If only one analysis is reported, report as daily maximum. RENEWAL APPLICANTS: Provide the highest single reading (Daily Maximum) and Monthly Ave] -age over the past 36 months for parameters currentl in our ermit. Mark other parameters 'T A" Parameter Daily Maximum Monthly Average Units of Measuremeaat Biochemical Oxygen Demand (BODs) 176 21.6 mg/ 1 Fecal Coliform 1010 10 #/ 100 ml Total Suspended Solids 32.7 18.8 mg/1 Temperature (Summer) 25 24 Degrees C Temperature (Winter) 6 8.2 Degrees C pH 7.0 6.9 units 13. List all permits, construction approvals and/or applications: Type Permit Number Type Permit Number Hazardous Waste (RCRA) UIC (SDWA) NPDES NCO066249 PSD (CAA) Non -attainment program (CAA) 14. APPLICANT CERTIFICATION NESHAPS (CAA) Ocean Dumping (MPRSA) Dredge or fill (Section 404 or CWA) Other I certify that I am familiar with the information contained in the application and that to the best of nay knowledge and belief such information is true, complete, and accurate. Carolyn Edmundson Owner _ Printed name of Person Signing Title 57 Signatur�/of Applicant Date North Carolina General Statute 143-215.6 (b)(2) states: Any person who knowingly makes any false statement representation, or certifkation 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 Arlicle, shall be guilty of a misdemeanor punishable by a fine not to exceed $25,000, or by imprisonment not to exceed six months, or by both. (18 U.S.C. Section 1001 provides a punishment by a fine of not more than $25,000 or imprisonment not more than 5 years, or both, for a similar offense.) 3 of 3 Fo -m-D 9/2013 Sludge Management Plan Country Acres Mobile Rome Park Permit # NCO066249 At the wastewater treatment facility serving Country Acres Mobile Home Park, mixed liquor suspended solids in the aeration tank are maintained in the desired range and the facility is operated and maintained in such a manner to minimize the production of large quantities of shWge. Sludge is wasted as necessary from the package plant to an aerobic digester. As needed a licensed commercial septic tank truck removes sludge from the digester for ultimate disposal at a nearby I''OTW. NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory IJohn E: Skvarla, III Governor Secretary December 12, 2014 Ms. Carolyn F. Edmundson Country Acres Mobile Home Park 25 Keith Memorial Drive Mills River, North Carolina 28759-2522 Subject: Notice of Deficiency ,NOD-2014-LV-0116 Permit No. NC0066249 ' Country Acres MHP WWTP Henderson County Dear Ms. Edmundson: A review of Country Acres MHP WWTP's monitoring report for July 2614 showed the following violation: Parameter Date Limit Value Reported Value Limit Type Coliform, Fecal MF, M-FC Broth,44.5C 07/01/2014 400.000 #/100ml 435.000 #/100ml Daily Maximum Exceeded Remedial actions, if not already .implemented, should be taken to correct any problem. Since the comments section on the reverse of the relevant DMR provided an adequate explanation for the subject violation, it is not requested that a response be submitted. The Division of Water Resources may pursue enforcement action for this and any additional violations of State law. If you should have any questions, please do not hesitate to contact Janet Cantwell or me at 828/296-450.0. Sincerely, G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations, NCDENR " Asheville Regional Office cc. Q ' sheari-Ile �i.les MSC 1617-Central Files -Basement J. F. Edwards/ ORC G:1WRIWQ\HendersontWastewaterlMinorslCountry Acres MHP 66249WOD-2014-LV-0116.doc Water Quality Regional Operations — Asheville Regional Office 2090 U.S. Highway 70, Swannanoa, North Carolina 28778 Phone:.(828) 2964500 Fax: (828) 299-7043 Internet: hftp://podal.nodenr.orgiweblwq An Equal Opportunity/ Affirmative Action Employer NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory John E. Skvarla, III Governor Secretary November 24, 2014 Carolyn F Edmundson Country Acres Mobile Home Park 25 Keith Memorial Dr Mills River NC 287592522 SUBJECT: Compliance Evaluation Inspection Country Acres MHP WWTP Permit No: NCO066249 Henderson County Dear Ms. Edmundson: On October 22, 2014 I conducted a compliance evaluation inspection on the Country ;Acres Mobile Home Park Waste Water Treatment Plant. `The facility was found to be in compliance with permit'NC0066249. Please refer to the enclosed inspection report for additional observations and comments. If you or your staff have any questions, please call me at 828-296-4500. Sincerely, Katherine H. Jimison ' Chemistry Technician III Asheville Regional Office Enclosure cc: J. Fred Edwards, ORC MSC 1617-Central Files -Basement MEOW Water Quality Regional Operations —Asheville Regional Office 2090 U.S. Highway 70, Swannanoa, North Carolina 28778 Phone: 828-296-4500 FAX: 828-299-7043 Internet: http://portal.nedenr.org/web/wq An Equal Opportunity 1 Affirmative Action Employer G:1WR1WQ1HendersonlWastewateAMinorslCountry Acres MHP 66249\66249 CEI 2014.doc United States Environmental Protection Agency Form Approved. EPA Washington, D.C. 20460 EPA OMB No. 2040-0057 Water Compliance Inspection Report Approval expires 6-31-98 Section A: National Data System Coding (i.e., PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector FacType i 1 2 15 3 I NCO066249 I11 12 14/10/22" 17 18I I 19 I G I 20I 211 I I I. I I I .1 I I I I 1 jL I I l l l l I I I L. 1 III I I I I I I I ., I I I I I I �6 Inspection Work Days Facility Self -Monitoring Evaluation Rating 131 QA -- Reserved------- 67 70 71 IJ 72 LJ L �, � LJ 73I � I74 75I I � � I I 1 180 L1J 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 NP.DES permit Number) 10:10AM 14/10/22 10/12/01 Country Acres MHP WWTP 25 Keith Dr Exit Time/Date Permit Expiration Date Arden NC 28704 10:45AM 14/10/22 15/11/30 Name(s) of Onsite Representative(s)/Titles(s)/Phone'and Fax Number(s) Other Facility Data J. Fred Edwards/ORC/828-708-2073/ Name, Address of Responsible Officiallritle/Phone and Fax Number Contacted Carolyn F Edmundson,25 Keith Memorial Dr Mills River NC 2875925221/828-891-32611 No Section C: Areas Evaluated During Inspection (Check only .those areas evaluated) Permit Operations & Maintenance Records/Reports Facility Site Review Effluent/Receiving Waters Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s) and Signature(s) of Inspector(s) Agency/Office/Phone and Fax Numbers Date Kathy Jimisoon ! j`: ARO WQ//828-296-4500/ A I Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date EPA Form 3560-3 (Rev 9-94) Previous editions are obsolete. Page# Permit: NC0066249. Owner - Facility: Country Acres MHPWWTP . Inspection Date: 10122/2014 Inspection Type: ,Compliance Evaluation Aeration Basins Yes No NA NE Comment: ; Secondary Clarifier Yes No NA NE Is the clarifier free of black and odorous wastewater? 0 ❑ ❑ ❑ 3 i Is the site free of excessive buildup of solids in center well of circular clarifier? ❑ ❑ 0 ❑ Are weirs level? 0 ❑ ❑ ❑ Is the site free of weir blockage? ❑ ❑ ❑ Is the site free of evidence of short-circuiting? M>❑ ❑ ❑ Is scum removal adequate?M ❑ ❑ ❑. Is the site free of excessive floating sludge? M ❑ ❑ ❑ Is the drive unit operational? ❑ ❑ 0 ❑ Is the return rate acceptable (low turbulence)? 0 ❑ ❑ ❑ i Is the overflow clear of excessive solids/pin floc? 0 ❑ ❑ ❑ i Is the sludge blanket level acceptable? (Approximately %4 of the sidewall depth) ❑ ❑ ❑ M-. , Comment: i Disinfection -Tablet 1 Yes No NA NE Are tablet chlorinators operational? M ❑ ❑ ❑ Are the tablets the proper size and type? 0 ❑ ❑ ❑ Number of tubes in use? 2 i Is the level of chlorine residual acceptable? M ❑ ❑ ❑ a Is the contact chamber free of growth, or sludge buildup?M ❑ ❑ ❑ Is there chlorine residual prior to de-chlorination?M ❑ ❑ ❑ 4 Comment: De -chlorination Yes No NA NE Type of system ? Tablet I i Is the feed ratio proportional to chlorine amount (1 to 1)? ❑ ❑ M ❑ Is storage appropriate for cylinders? ❑ ❑ 0 ❑ # Is de -chlorination substance stored away from chlorine containers? ❑ ❑ ❑ Comment: Are the tablets the proper size and type? 0 ❑ ❑ ❑ Are tablet de -chlorinators operational?0 ❑ ❑ ❑ Page# 4 Permit: NC0066249 Owner - Facility: Country Acres MHPWVVrP Inspection Date: 10/22/2014 Inspection Type: Compliance Evaluation'; De -chlorination Yes No NA NE Number of tubes in use? _ 1 Comment: Effluent Pipe Yes No NA NE Is right of way to the outfall properly maintained? ❑0 ❑ ❑ Are the receiving water free of foam other than trace amounts and other debris? . ❑ ❑ ❑ If effluent (diffuser pipes are required) are they operating properly? ❑ ❑ 0 ❑ Comment: At the time of this inspection, the effluent pipe was notlocated. Mr. Fred Edwards has since had the owners of the facility locate and mark the effluent pipe. Samples are taken at the WVVI-P, post De-chlor: Page# 5 AZ4JL) WDENR North Carolina Department of Environment and Natural _Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman Governor Director Secretary July 2, 2012 Ms. Carolyn F. Edmundson Country Acres Mobile Home Park 25 Keith Memorial Drive Mills River, North Carolina 28759-2522 Subject: NOTICE OF VIOLATION NOV-2012-LV-0330 Permit No. NCO066249 Country Acres MHP WWTP Henderson County Dear Ms. Edmundson: A review of Country Acres MHP WWTP's monitoring reportfor December 2011 showed the following violation: Parameter Date Limit Value Reported Value Limit Type BOD, 5-Day (20 Deg. C) - Concentration 12/13/2011 45 mg/I 62.3 mg/I Daily Maximum Exceeded Remedial actions, if not already implemented, should be taken to correct any problem. Since the comments section on the reverse of the relevant DMR provided an adequate explanation for the subject violation, it is not requested that a response be submitted. Remedial actions should be taken to correct this'problem. The Division of Water Quality may pursue enforcement action for this and any additional violations of State law. If you should have any questions, please do not hesitate to contact Janet Cantwell or me at 828/296-4500. ,!yl G Chuck Cranf d, Regional Supervisor Surface Water Protection Section cc:. DWQ_Asheville.Files , DWQ Central Files J. F. Edwards/ ORC S:\SWP\Henderson\Wastewater\Minors\Country Acres MHP 66249\NOV-2012-LV-0330.doc NoithCarolina NllEdmaill,� North Carolina Division of Water. Quality 2090 U.S. Highway 70 Swannanoa, N.C. 28778 Phone(828)296-4500 Internet: www.newaterguality.org FAX (828)299-7043 Mr. Keith Haynes 01/05/12 Division of Water Quality 2090 U.S. Highway 70 Swannanoa, N.C. 28778 Dear Mr. Haynes, The daily maximum value for BOD was exceeded on 12/13/11 at Country Acres Mobile Home Park ( permit # NCO066249 ) and your office was notified. The aeration tank was seeded with a commercial bacteria, diffusers and blower air filters were cleaned, solids were wasted, and aeration was increased. The monthly average for BOD was within compliance for the month. If additional action or information is needed, please advise. J.F. Edwards ORC t; WATER QUALITY SECTION ASHEVILLF REGiFJNA:OFFICE "ti` NCDENR North Carolina Department of Environment and Natural Resources Beverly Eaves Perdue Governor Division of Water Quality Coleen H. Sullins Director February 23, 2011 Dee Freeman Secretary Ms. Carolyn F. Edmundson Country Acres Mobile Home Park 25 Keith Memorial Drive Mills River, North Carolina 28759-2522 Subject: NOTICE OF VIOLATION; NOV-2011-LV-0081 Permit No. NCO066249 Country Acres MHP.WWTP Henderson County Dear Ms. Edmundson: A review of Country Acres MHP WWTP's monitoring report for November 2010 showed the following violation: Parameter Date Limit Value Reported Value Limit Type Solids, Total Suspended - Concentration 11/03/2010 45 mg/I 92 mg/I Daily Maximum Exceeded Remedial actions, if not already implemented, should be taken to correct any problem. Since the - comments section on the reverse of the relevant DMR provided an adequate explanation for the subject violation, it is not requested that a response be submitted: however, should you have, additional information concerning the violations or comments which you wish to present, please submit them to the attention of Janet Cantwell. A review of Country Acres MHP's DMRs has shown that they do not contain the required ten (10) days between the sampling of parameters which are required to be sampled twice per month per your NPDES permit. Part II, Section A. of your NPDES permit states: 2 / Month: Samples are collected twice per month with at least ten calendar days between sampling events. Please begin using- the required protocol on future DMRs. The Division of Water Quality may pursue enforcement action for this and any;additional violations of State law. If you should have any questions, please do not hesitate to contact Janet Cantwell at 828/296-4600. Sincerely, Roger C. Edwards, Regional Supervisor Surface Water Protection Section cc: Aiaf'li DWQ Central Files J. F. Edwards/ ORC S:1SWPtHendersonlVIastewater\MinorslCountry Acres MHP 662491NOV-2011-LV-0081.doc IVoehCarolina atura!!y North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, N.C. 28778 Phone(828)296-4500 Customer Service Internet: www.ncwaterouality.org FAX (828)299-7043 1-877-623-6748 -------------- Performance Annual. Report. - --- ----- - -...-- -. JAN 2 2011 :.. I. General -Information w�r� Qu�a.Ll; Y sEcrlclJ -- A�NEVILLF F�EGIGN L O1 I _ Facility/System Name:- L'e - - Responsible. Entity: r- AEL -in=-Char-ge/Contact. Applicable Permit(s) It.)*�- . Description of Collection System. or Treatment Process: . 0-004-_tMewOMN `, S •� + O q Ct-d� O r. L� oar • Le a p ` S :G w.vk t1 tit ►+ II: Performance Text Summary of System Performance for Calendar Year List(by .month) any, violations of permit conditions or other environmental regrula ions: _MoninZy lists: s-houI'd include.- discussiori:of anyenvironinental impacts and corrective measures taken to address violations: p U wI -- ------------- _Note icatiori 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.. At-L- 5- 03' o 3�-,- .L IV. Certification I certify under penalty.of law that this report is complete and accurate to the best of my knowledge. I further certi.fy.that.this report has been made available to the users or..customers of the named system and that those users: have been notified of its availability. Gt/Cr u.e>t WAA i® NC®ENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary October 22, 2010 Ms. Carolyn F. Edmundson Country Acres Mobile Home Park 25 Keith Memorial Drive Mills River, North Carolina 28759 - Subject: NPDES PERMIT ISSUANCE Permit Number NCO066249 Country Acres Mobile Home Park WWTP Henderson County Dear Ms. Edmundson: Division personnel have reviewed and approved your application for renewal of the subject permit. Accordingly, we are forwarding the attached final NPDES discharge permit. This permit is issued pursuant to the requirements of North Carolina General Statute 143-215.1 and the Memorandum of Agreement between North Carolina and the U.S. Environmental Protection Agency dated October 15, 2007 (or as subsequently amended). - 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 permit shall be final and binding. Please take notice that this permit is not transferable. 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, Coastal Area Management Act, or any other Federal or Local governmental permits which may be required. If you have any questions or need additional information, please do not hesitate to contact Maureen Scardina of my staff at (919) 807-6388. Sincerely, ' -r Coleen H. S Director, Di cc: Central Files NPDES Unit Files tAslieyilleRe�io_n""a1;Office� 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 Phone: 919-807-63001 FAX: 91 M07-64921 Customer Service:1-877-623-6748 Internet: http://portal,ncdenr.org/web/wq/home m.- 2 y llins isip6 o Water Quality _1 �i NOV + ' 1 2010 WATER QUALITY SECTION o. ASHEVILLE REGIONAL OFFICE z e. r,Y;.i 7,r� 1 �. one NorthCarofina An Equal Opportunity1 Affirmative Action Employer Permit NC0066249 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY —PERMIT— TO TO DISCHARGE WASTEWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provisions of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, Ms. Carolyn F. Edmunson is hereby authorized to discharge wastewater from a facility located at the Country Acres Mobile Home Park 25 Keith Memorial Drive Northwest of Mills River Henderson County to receiving waters designated as McDowell Creek in the French Broad River Basin in accordance with effluent limitations, monitoring requirements, and other conditions set forth in Parts I, 11, III and IV hereof. This permit shall become effective December 1, 2010. This permit and authorization to discharge shall expire at midnight on November 30, 2015. Signed this day October 22, 2010. o een H. Sullins, Director Division of Water Quality �� By Authority of the Environmental Management Commission Permit NCO066249 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. Ms. Carolyn F. Edmundson is hereby authorized to:, 1. Continue to operate an existing 0.006 MGD extended aeration wastewater treatment system with the following components: ♦ Manual bar Screen ♦ 6,000 gallon aeration tank ♦ Dual motor ana blower (36 cfin) controls providing diffused air ♦ 1,000 gallon clarifier with skimmer and sludge returns ♦ Aerobic digester ♦ Tablet chlorinator ♦ V-notch weir ♦ Effluent pump tank w/duplex 50 gpm submersible pumps High water alarms 350 linear feet of 2" force main to outfall The facility is located Northwest of Mills River at Country Acres Mobile Home Park (25 Keith Memorial Drive) in Henderson County. 2. Discharge from said treatment works at the location specified on the attached map into McDowell Creek, currently classified C waters in sub -basin 04-03-02 of the French Broad River Basin. 0 Ms. Carolyn F. Edmundson Country Acres Mobile Home Park WWTP County: Henderson Stream Class: C Receiving Stream: McDowell Creek Sub -Basin: 04-03-02 Latitude: 35' 25' 10" Grid/Quad: F08NE/Skyland Longitude: 82' 35' 30" HUC #: 06010105 Facility Location 6- (not to scale) NORTH NPDES Permit: NCO066249 • ....._ ._ _ ., . ` Permit NC0066249 , . ^ _ A. (L) 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 ;'Daily Measurement Sample Sample Parameter Codes :Average,'- -Maximum ---Frequency-:--,:'_-' Type Location Flow 0.006 MGD Weekly Instantaneous Influent or Effluent 50050 BOD, 5-day (20°C) 30.0 mg/L 45.0 mg/L 2/Month Grab Effluent 00310 Total Suspended Solids 30.0 mg/L 45.0 mg/L 2/Month Grab Effluent 00530 NH3 as N 2/Month Grab . Effluent 00610 Fecal Coliform (geometric mean) 200/100 nil 400/100 ml 2/Month Grab Effluent 31616 Total Residual Chlorine' 28 µg/L 2/Week Grab Effluent 50060 Temperature (°C) Weekly Grab Effluent 00010 pH Not < 6.0 nor > 9.0 Weekly Grab Effluent 00400 standard units Footnote: 1. Limit and monitoring applies only if chlorine is added for disinfection. The Division shall consider all effluent TRC values reported below 50 µg/l to be in compliance with the permit. However, the Permittee shall continue to record and submit all values reported by a North Carolina certified laboratory (including field certified), even if these values fall below 50 µg/l. THERE SHALL BE NO DISCHARGE OF FLOATING SOLIDS OR VISIBLE FOAM IN OTHER THAN TRACE AMOUNTS. i L-N rDES Permit Standard Conditions Page 1 of 18 PARYII STANDARD CONDITIONS FOR NPDES PERMITS Section A. Definitions 2/Month Samples are collected twice per month with at least ten calendar days between sampling events. These samples shall be representative of the wastewater discharged during the sample period. 3/Week Samples are collected three times per week on three separate calendar days. These samples shall be representative of the wastewater discharged during the sample period.. s Act or "the Act" The Federal Water Pollution Control Act, also known as the Clean Water Act (CWA), as amended, 33 USC 1251, et. seq. Annual Average The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar year. In the case of fecal coliform, the geometric mean of such discharges. Arithmetic Mean The summation of the individual values divided by the number of individual values. B ass The known diversion of waste streams from any portion of a treatment facility including thecollection system, which is not a designed or established or operating mode for the facility. Calendar Dav The period from midnight of one day until midnight of the next day. However, for purposes of this permit, any consecutive 24-hour period that reasonably represents the calendar day may be used for sampling. Calendar Week The period from Sunday through the following Saturday. Calendar Quarter One of the following distinct periods: January through March, April through June, July 'through September, and October through December. Composite Sample A sample collected over a 24-hour period by continuous sampling or combining grab samples of at least 100 ml in such a manner as to result in a total sample representative of the wastewater discharge during the sample period. The Director may designate the most appropriate method (specific number and size of aliquots necessary, the time interval between grab samples, etc.) on a case -by -case basis. Samples may be collected manually or automatically. Composite samples may be obtained by the following methods: (1) Continuous: a single, continuous sample collected over a 24-hour period proportional to the rate of flow. (2) Constant time/variable volume: a series of grab samples collected at equal time intervals over a 24 hour period of discharge and combined proportional to the rate of flow measured at the time of individual sample collection, or (3) Variable time/constant volume: a series of grab samples of equal volume collected over a 24 hour period -with the time intervals between samples determined by a preset number of gallons passing the sampling point. Flow measurement between sample intervals shall be - determined by use,! of a flow recorder and Version 712009 NPDES Permit Standard Conditions Page 2 of 18 totalizer, and the preset gallon interval between sample collection fixed at no greater than 1/24 of the expected total daily flow at the treatment system, or (4) Constant time/constant volume: a series of grab samples of equal volume collected over a 24-hour period at a constant time interval. Use of this method requires prior approval by the Director. This method may only be used in situations where effluent flow rates vary less than 15 percent. The following restrictions also apply: ➢ Influent and effluent grab samples shall be of equal size and of no less than 100 milliliters ➢ Influent samples shall not be collected more than once per hour. ➢ Permittees with wastewater treatment systems whose detention time < 24 hours shall collect effluent grab samples at intervals of no greater than 20 minutes apart during any 24-hour period. Permittees with wastewater treatment systems whose detention time exceeds 24 hours shall collect effluent grab samples at least every six hours; there must be a minimum of four samples during a 24-hour sampling period. Continuous flow measurement Flow monitoring that occurs without interruption throughout the operating hours of the facility. Flow shall be monitored continually except for the infrequent times when there may be no flow or for infrequent maintenance activities on the flow device. Daily Discharge The discharge of a pollutant measured during a calendar day or any 24-hour period that reasonably represents the calendar day for purposes of sampling. For pollutants measured in units of mass, the "daily discharge" is calculated as the total mass of the pollutant discharged over the day. The "daily discharge" concentration comprises the mean concentration for a 24-hour sampling period as either a composite sample concentration or the arithmetic mean of all grab samples collected during that period. (40 CFR 122.2) Daily Maximum The highest "daily discharge" during the calendar month. Daily Sampling Parameters requiring daily sampling shall be sampled 5 out of every 7 days per week unless otherwise specified in the permit. Sampling shall be conducted on weekdays except where holidays or other disruptions of normal operations prevent weekday sampling. If sampling is required for all seven days of the week for any permit parameter(s), that requirement will be so noted on the Effluent Limitations and Monitoring Page(s). DWO or "the Division" The Division of Water Quality, Department of Environment and Natural Resources. EMC The North Carolina Environmental Management Commission. EPA The United States Environmental Protection Agency Facility Closure Cessation of all activities that require coverage under this NPDES permit. Completion of facility closure will allow this permit to be rescinded. Geometric Mean The Nth root of the product of the individual values where N = the number of individual values. For purposes of calculating the geometric mean, values of "0" (or "< [detection level]' shall be considered =1. Version 712009 rvrilES Permit Standard Conditions Page 3 of 18 Grab Sample Individual samples of at least 100 ml collected over aj period of time not exceeding 15 minutes. Grab samples can be collected manually. Grab samples must be represe tative of the discharge (or the receiving stream, for instream samples). Hazardous Substance Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the CWA. Instantaneous flow measurement A measure of flow taken at the time of sampling, when both the sample and flow will be representative of the total discharge. Monthly Average (concentration limit) The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar month. In the case of fecal coliform, the geometric mean of such discharges. Permit Issuing Authority The Director of the Division of Water Quality. Quarterly Average (concentration limit) The average of all samples taken over a calendar quarter. Severe property damage 1 Substantial physical damage to property, damage to•the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage excludes economic loss caused by delays in production. Toxic Pollutant: Any pollutant listed as toxic under Section 307(a)(1) of the CWA. Up -set An incident beyond the reasonable control of the Permittee causing unintentional and temporary noncompliance with permit effluent limitations and/or monitoring requirements. An upset does not include noncompliance caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation. -i Weekly Average (concentration limit) The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar week. In the case of fecal coliform, the geometric mean of such discharges. . Section B. General Conditions 1. Duty to ComWly The Permittee must comply with all conditions of this permit. Any permit noncompliance constitutes a violation of the CWA and is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or denial of a permit renewal application [40 CFR 122.41]. a. The Permittee shall comply with effluent standards or prohibitions established under section 307(a) of the, CWA for toxic pollutants and with standards for sewage sludge use or disposal established under section 405(d) of the CWA within the time provided in the regulations that establish these standards or prohibitions or standards for sewage sludge use or disposal, even if the permit has not yet been "modified to incorporate the requirement. Version 712009 NPDES Permit Standard Conditions Page 4 of 18 b. The CWA provides that any person who violates section[s] 301, 302, 306, 307, 308, 318 or 405 of the Act, or any permit condition or limitation implementing any such sections in a permit issued under section 402, or any requirement imposed in a pretreatment program approved under sections 402 (a) (3) or 402 (b) (8) of the Act, is subject to a civil penalty not to exceed $37,500 per day for each violation. [33 USC 1319 (d) and 40 CFR 122.41 (a) (2)] c. The CWA provides that any person who negligently violates sections 301, 302, 306, 307, 308, 318, or 405 of the Act, or any condition or limitation implementing any of such sections in a permit issued under section 402 of the Act, .or any requirement imposed in a pretreatment program approved under section 402(a)(3) or 402(b)(8) of the Act, is subject to criminal penalties of $2,500 to $25,000 per day of violation, or imprisonment of not more than 1 year, or both. In the case of a second or subsequent conviction for a negligent violation, a person shall be subject to criminal penalties of not more than $50,000 per day of violation, or by imprisonment of not more than 2 years, or both. [33 USC 1319 (c) (1) and 40 CFR 122.41 (a) (2)] d. Any person who knosvin� violates such sections, or such conditions or limitations is subject to criminal penalties of $5,000 to $50,000 per day of violation, or imprisonment for not more than 3 years, or both. In the case of a second or subsequent conviction for a knowing violation, a person shall be subject to criminal penalties of not more than $100,000 per day of violation, or imprisonment of not more than 6 years, or both. [33 USC 1319 (c) (2) and 40 CFR 122.41 (a) (2)] e. . Any person who knowingly violates section 301, 302, 303, 306, 307, 308, 318 or 405 of the Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of the Act, and who knows at that time that he thereby places another person in imminent danger of death or serious bodily injury, shall, upon conviction, be subject to a fine of not more than $250,000 or imprisonment of not more than 15 years, or both. In the case of a second or subsequent conviction for a knowing endangerment violation, a person shall be subject to a fine of not more than $500,000 or by imprisonment of not more than 30 years, or both. An organization, as defined in section 309(c)(3)(B)(iii) of the CWA, shall, upon conviction of violating the imminent danger provision, be subject to a fine of not more than $1,000,000 and can be fined up to $2,000,000 for second or subsequent convictions. [40 CFR 122.41 (a) (2)] f. Under state law, a civil penalty of not more than $25,000 per violation may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of a permit. [North Carolina General Statutes 5 143-215.6A] g. Any person may be assessed an administrative penalty by the Administrator for violating section 301, 302, 306, 307, 308, 318 or 405 of this Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of this Act. Administrative penalties for Class I violations are not to exceed $16,000 per violation, with the maximum amount of any Class I penalty assessed not to exceed $37,500. Penalties for Class II violations are not to exceed $16,000 per day for each day during which the violation continues, with the maximum amount of any Class II penalty not to exceed $177,500. [33 USC 1219 (g) (2) and 40 CFR 122.41 (a) (3)] 2. Duty to Mitigate The Permittee shall take all reasonable steps to minimize or prevent any discharge or sludge use or disposal in violation of this permit with a reasonable likelihood of adversely affecting human health or the environment [40 CFR 122.41 (d)]. 3. Civil and Criminal Liability Except as provided in permit conditions on "Bypassing" (Part II. C. 4), "Upsets" (Part II. C. 5) and "Power Failures" (Part II. C. 7), nothing in this permit shall be construed to relieve the Permittee from any responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3, 143-215.6 or Section 309 Version 712009 iv eDES Permit Standard Conditions Page 5 of 18 of the Federal Act; 33 USC 1319. Furthermore, the Permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 4. Oil and Hazardous Substance Liability Nothing in this permit shall be construed to preclude the institution of any legal action, or relieve the Permittee from any responsibilities, liabilities, or penalties to which the Permittee is or may be subject to under NCGS 143= 215.75 et seq. or Section 311 of the Federal Act, 33 USG 1321. Furthermore, the Permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 5. Property Rights The issuance of this permit does not convey any property rights in either real or personal property, or any exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor any infringement of Federal, State or local laws or regulations [40 CFR 122.41 6., Onshore or Offshore Construction This permit does not authorize or approve the construction of any onshore or offshore physical structures or facilities or the undertaking of any work in any navigable waters. 7. Severability The provisions of this permit are severable. If any provision of 'this permit, or the application of any provision of this permit to any circumstances, is held invalid, the application of such provision to other circumstances, and the remainder of this permit, shall not be affected thereby [NCGS 15013-23]. 8. Duty to Provide Information The Permittee shall furnish to the Permit Issuing Authority, within a reasonable time, any information which the Permit Issuing Authority may request to determine whether cause exists for modifying, revoking and reissuing, or terminating this permit or to determine compliance with this permit. The Permittee ;'shall also furnish to the Permit Issuing Authority upon request, copies of records required by this permit [40 CFR 122.41 (h)]. 9. Duty to Reap"ly If the Permittee wishes to continue an activity regulated by this permit after the expiration date of this permit, the Permittee must apply for and obtain a new permit [40 CFR 122.41 (b)]. 10. Expiration of Permit The Permittee is not authorized to discharge after the expiration date. In order to receive automatic authorization to discharge beyond the expiration date, the Permittee shall submit such;'information, forms, and fees as are required by the agency authorized to issue permits no later than 180 days prior to the expiration date. Any Permittee that has not requested renewal at least 180 days prior to expiration, or any Permittee that does not have a permit after the expiration and has not requested renewal at least 180 days prior to expiration, will subject the Permittee to enforcement procedures as provided in NCGS 143-215.6 and 33 USC 1251 et. seq. . 11. SiMato1y Requirements All applications, reports, or information submitted to the Permit Issuing Authority shall be signed and certified [40 CFR 122.41 (k)]. a. All permit applications shall be signed as follows: (1) For a corporation: by a responsible corporate officer. For the purpose of this Section, a responsible corporate officer means: (a) a president, secretary, treasurer or vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision making functions for the corporation, or (b) the manager of one or more manufacturing, production, or operating facilities, provided, the manager is authorized to make management decisions which govern the operation of the regulated facility including having the explicit or implicit duty, of making major capital investment recommendations, and initiating and directing other comprehensive measures to assure long Version 712009 NPDES Permit Standard Conditions Page G of 18 term environmental compliance with environmental laws and regulations; the manager can ensure that the necessary systems are established or actions taken to gather complete and accurate information for permit application requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures . (2) For a partnership or sole proprietorship: by a general partner or the proprietor, respectively; or (3) For a municipality, State, Federal, or other public agency: by either a principal executive officer or ranking elected official [40 CFR 122.22]. b. All reports required by the permit and other information requested by the Permit Issuing Authority shall be signed by a person described in paragraph a. above or by a duly authorized representative of that person. A person is a duly authorized representative only if: 1. The authorization is made in writing by a person described above; 2. The authorization specified either an individual or a position having responsibility for the overall operation of the regulated facility or activity, such as the position of plant manager, operator of a well or well field, superintendent, a position of equivalent responsibility, or an individual or position having overall responsibility for environmental matters for the company. (A duly authorized representative may thus be either a named individual or any individual occupying a named position.) and 3. The written authorization is submitted to the Permit Issuing Authority [40 CFR 122.22] c. Changes to authorization: If an authorization under paragraph (b) of this section is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, a new authorization satisfying the requirements of paragraph (b) of this section must be submitted to the Director prior to or together with any reports, information, or applications to be signed by an authorized representative [40 CFR 122.22] d. Certification. Any person signing a document under paragraphs a. or b. of this section shall make the following certification [40 CFR 122.22]. NO OTHER STATEMENTS OF CERTIFICATION WILL BE ACCEPTED: I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best'of my knowledge and belief, true, accurate, and complete. 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 (Q. 13. Permit Modification, Revocation and Reissuance. or Termination The issuance of this permit does not prohibit the permit issuing authority from reopening and modifying the permit, revoking and reissuing the permit, or terminating the permit as allowed by the laws, rules, and regulations contained in Title 40, Code of Federal Regulations, Parts 122 and 123; Title 15A of the North Carolina Administrative Code, Subchapter 2H.0100; and North Carolina General Statute 143-215.1 et. al. 14. Annual Administering and Compliance Monitoring Fee Requirements The Permittee must pay the annual administering and compliance monitoring fee within thirty days after being billed by the Division. Failure to pay the fee in a timely manner in accordance with 15A NCAC 2H.0105 (b) (2) may cause this Division to initiate action to revoke the permit. Version 712009 Standard Conditions 1. 4 rDES Pe Out Page 7 of 18 Section C. Operation and Maintenance of Pollution Controls 1. Certified Operator Upon classification. of the permitted facility by the Certification Commission, the Permittee shall employ a certified water pollution control treatment system operator in responsible charge (ORC) of the water pollution control treatment system. Such operator must hold a certification of the grade equivalent to or greater than the classification assigned to the water pollution control treatment system by the Certification Commission. The Permittee must also employ one or more certified Back-up ORCs who possess a currently valid certificate of the type of the system. Back-up ORCs must possess a grade equal to (or no more than one grade less than) the grade of the system [15A NCAC 8G.0201]. The ORC of each Class I facility must: ➢ Visit the facility as often as is necessary to insure proper operation of the treatment system; the treatment facility must be visited at least weekly ➢ Comply with all other conditions of 15A NCAC 8G.0204. The ORC of each Class II, III and IV facility must: ➢ Visit the facility as often as is necessary to insure proper operation of the treatment system; the treatment facility must be visited at least five days per week, excluding holidays ➢ Properly manage and document daily operation and maintenance of the facility ➢ Comply with all other conditions of 15A NCAC 8G.0204. Once the facility is classified, the Permittee shall submit a letter to the Certification Commission designating the operator in responsible charge: a. Within 60 calendar days prior to wastewater being introduced into a new system b. Within 120 calendar days of-. ➢ Receiving notification of a change in the classificatiori of the system requiring the designation of a new ORC and back-up ORC ➢ A vacancyin the position of ORC or back-up ORC. 2. Proper Operation and Maintenance The Permittee shall at all times provide the operation and maintenance resources necessary to operate the existing facilities at optimum efficiency. The Permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the Permittee to achieve compliance with the conditions of this permit. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures. This provision requires the Permittee to install and operate backup or auxiliary facilities only when necessary to achieve compliance with the conditions of the permit [40 CFR 122.41 (e)]. NOTE: Properly and officially designated operators are fully responsible for all proper operation and maintenance of the facility, and all documentation required thereof, whether acting' as a contract operator [subcontractor] or a member of the Perinittee's staff. 3. Need to Halt or Reduce not a Defense It shall not be a defense for a Permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the condition of this permit [40 CFR 122.41 (c)]• 4. Bypassing of Treatment Facilities a. Bypass not exceeding limitations [40 CFR 122.41 (m) (2)] Version 712009 NPDES Permit Standard Conditions Page 8 of 18 The Permittee may allow any bypass to occur which does not cause effluent limitations to be exceeded, but only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the provisions of Paragraphs b. and c. of this section. , b. Notice [40 CFR 122.41 (m) (3)] (1) Anticipated bypass. If the Permittee knows in advance of the need for a bypass, it shall submit prior notice, if possible at least ten days before the date of the bypass; including an evaluation of the anticipated quality and effect of the bypass. (2) Unanticipated bypass. The Permittee shall submit notice of an unanticipated bypass as required in Part 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. Upsets a. Effect of an upset [40 CFR 122.41 (n) (2)]: An upset constitutes an affirmative defense to an action brought for noncompliance with such technology based permit effluent limitations if the requirements of paragraph b. of this condition are met. No determination made during administrative review of claims that noncompliance was caused by upset, and before an action for noncompliance, is final administrative action subject to judicial review. b. Conditions necessary for a demonstration of upset: Any Permittee who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that: (1) An upset occurred and that the Permittee can identify the cause(s) of the upset; (2) The Permittee facility was at the time being properly operated; and (3) The Permittee submitted notice of the upset as required in Part II. E. 6. (b) of this permit. (4) The Permittee complied with any remedial measures required under Part II. B. 2. of this permit. c. Burden of proof [40 CFR 122.41 (n) (4)]: The Permittee seeking to establish the occurrence of an upset has the burden of proof in any enforcement proceeding. 6. Removed Substances Solids, sludges, filter backwash, or other pollutants removed in the course of treatment or control of wastewaters shall be utilized/disposed of in accordance with NCGS 143-215.1 and in a manner such as to prevent any pollutant from such materials from entering waters of the State or navigable waters of the United States. The Permittee shall comply with all existing Federal regulations governing the disposal of sewage sludge. Upon promulgation of 40 CFR Part 503, any permit issued by the Permit Issuing Authority for the utilization/disposal of sludge may be Version 712009 1vrilES Permit Standard Conditions Page 9 of 18 reopened and modified, or revoked and reissued, to incorporate applicable requirements at 40 CFR 503. The Permittee shall comply with applicable 40 CFR 503 Standards for the Use and Disposal of Sewage Sludge (when promulgated) within the time provided in the regulation, even if the permit is not modified to incorporate the requirement. The Permittee shall notify the Permit Issuing Authority of any significant; change in its sludge use or disposal practices. 7. Power Failures The Permittee is responsible for maintaining adequate safeguards (as required by 15A NCAC 2H.0124) to prevent the discharge of untreated or inadequately treated wastes during electrical power failures either by means of alternate power sources, standby generators or retention of inadequately treated effluent. . i� E Section D. Monitoring and Records 1. Representative Samplix oe Samples collected and measurements taken, as required herein, shall be characteristic of the volume and nature of the permitted discharge. 'Samples collected at a frequency less than daily shall be taken on a day and time that is characteristic of the discharge over the entire period the sample represents. All samples shall be taken at the monitoring points specified in this permit and, unless otherwise specified, before the effluent joins or is diluted by any other wastestream, body of water, or substance. Monitoring points shall not be changed without notification to and the approval of the Permit Issuing Authority [40 CFR 122.41 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 (NIR' 1; 1.1, 2, 3) or alternative ,'forms approved by the Director, postmarked no later than the last calendar day of the month following the completed reporting period. The first DMR is due on the last day of the month following the issuance of the permit or in the case of a new facility, on the last day of the month following the commencement of discharge. Duplicate signed copies of these, and all other reports required herein, shall be submitted to the following address: NC DENR / Division of Water Quality / Water Quality Section '! ATTENTION: Central Files 1617 Mail Service Center Raleigh, North Carolina 27699-1617 3. Flow Measurements Appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges. The devices shall be installed, calibrated and maintained to ensure that the accuracy of the measurements is consistent with the accepted capability of that type of device. Devices selected shall be capable of measuring flows with a maximum deviation of less than 10% from the true discharge rates throughout the range of expected discharge volumes. Flow measurement devices shall be accurately calibrated at a minimum of once,per year and maintained to ensure that the accuracy of the measurements is consistent with the accepted capability of that type of device. The Director shall approve the flow measurement device and monitoring location prior to installation. Once -through condenser cooling water flow monitored by pump logs, or pump hour meters as specified in Part I of this permit and based on the manufacturer's pump curves shall not be subject to this requirement. 4. Test Procedures Laboratories used for sample analysis must be certified by the Division. Permittees should contact the Division's Laboratory Certification Section (919 733-3908 or http://h2o.enr.state.nc.us/lab/ceit.htm) for information regarding laboratory certifications'. Version 712009 NPDES Permit Standard Conditions Page 10 of 18 Personnel conducting testing of field -certified parameters must hold the appropriate field parameter certifications. Test procedures for the analysis of pollutants shall conform to the EMC regulations (published pursuant to NCGS 143-215.63 et. seq.), the Water and Air Quality Reporting Acts, and to regulations published pursuant to Section 304(g), 33 USC 1314, of the CWA (as amended), and 40 CFR 136; or in the case of sludge use or disposal, approved under 40 CFR 136,, unless otherwise specified in 40 CFR 503, unless other test procedures have been specified in this permit [40 CFR 122.41]. To meet the intent of the monitoring required by this permit, all test procedures must produce minimum detection and reporting levels that are below the permit discharge requirements and all data generated must be reported down to the minimum detection or lower reporting level of the procedure. If no approved methods are determined capable of achieving minimum detection and reporting levels below permit discharge requirements, then .the most sensitive (method with the lowest possible detection and reporting level) approved method must be used. 5. Penalties for Tampering The CWA provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any monitoring device or method required to be maintained under this permit shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. If a conviction of a person is for a violation committed after a first conviction of such person under this paragraph, punishment is a fine of not more than $20,000 per day of violation, or by imprisonment of not more than 4 years, or both [40 CFR 122.41]. 6. Records Retention Except for records of monitoring information required by this permit related to the Permittee's sewage sludge use and disposal activities, which shall be retained for a period of at least five years (or longer as required by 40 CFR 503), the Permittee shall retain records of all monitoring information, including. ➢ all calibration and maintenance records all original strip chart recordings for continuous monitoring instrumentation ➢ copies of all reports required by this permit ➢ copies of all data used to complete the application for this permit These records or copies shall be maintained for a period of at least 3 years from the date of the sample, measurement, report or application. This period may be extended by request of the Director at any time [40 CFR 122.41]. 7. Recording Results For each measurement or sample taken pursuant to the requirements of this permit, the Permittee shall record the following information [40 CFR 122.41]: i a. The date, exact place, and time of sampling or measurements; b. The individual(s) who performed the sampling or measurements; c. The date(s) analyses were performed; d. The individual(s) who performed the analyses; e. The analytical techniques or methods used; and f. The results of such analyses. 8. Inspection and Entev The Permittee shall allow the Director, or an authorized representative (including an authorized contractor acting as a representative of the Director), upon the presentation of credentials and other documents as may be required by law, to; a. Enter upon the Permittee's premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of this permit; Version 712009 qk DES Permit Standard Conditions Page 11 of 18 b. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this permit; c. Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this permit; and d. Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise authorized by the CWA, any substances or parameters at any location [40 CFR 122.41 (i)]. Section E Reporting Requirements 1. Change in Discharge All discharges authorized herein shall be consistent with the terms and conditions of this permit. The discharge of any pollutant identified in this permit more frequently than or at a level in excess; of that authorized shall constitute a violation of the permit. 2. Planned Changes The Permittee shall give notice to the Director as soon as possible of any planned physical alterations or additions to the permitted facility [40 CFR 122.41 (1)]. Notice is required only when: a. The alteration or addition to a permitted facility may meet one of the criteria for new sources at 40 CFR 122.29 (b); or b. The alteration or addition could significantly change the nature or increase the quantity of pollutants discharged. This notification applies to pollutants subject neither to effluent limitations in the permit, nor to notification requirements under 40 CFR 122.42 (a) (1). c. The alteration or addition results in a significant change in the Permittee's sludge use or disposal practices, and such alteration, addition or change may justify the application of permit conditions that are different from or absent in the existing permit, including notification of additional use or disposal sites not reported during the permit application process or not reported pursuant to an approved land'application plan: 3. Anticipated Noncompliance The Permittee shall give advance notice to the Director of any planned changes to the permitted facility or other activities that might result in noncompliance with the permit [40 CFR 122.41 (1) (2)]. 4. Transfers This permit is not transferable to any person without approval 'from the Director. The Director may require modification or revocation and reissuance of the permit to document the change of ownership. Any such action may incorporate other requirements as may be necessary under the CWA [40 CFR 122.41 (1) (3)]. 5. Monitoring Reports Monitoring results shall be reported at the intervals specified elsewhere in this permit [40, CFR 122.41 (1) (4)]. a. Monitoring results must be reported on a Discharge Monitoring Report (DMR) (See Part II. D. 2) or forms provided by the Director for reporting results of monitoring of sludge use or disposal practices. b. If the Permittee monitors any pollutant more- frequently than required by this permit, the results of such monitoring shall be included in the calculation and reporting of the data submitted on the DMR. 6. Twenty-four Hour Reporting a. The Permittee shall report to the Director or the appropriate Regional Office ';any noncompliance that potentially threatens public health or the environment. Any information shall be provided orally within 24 hours from the time the Permittee became aware of the circumstances. A written: submission shall also be provided within 5 days of the time the Permittee becomes aware of the circumstances. The written submission shall contain a description of the noncompliance, and its cause; the period of noncompliance, including exact dates and times, and if the noncompliance has not been corrected; the anticipated time it is expected to continue; and steps taken or 'planned"to "reduce, eliminate, and prevent reoccurrence of the noncompliance [40 CFR 122.41 (1) (6)]. Version 712009 NPDES Permit Standard Conditions Page 12 of 18 b. The Director may waive the written report on a case -by -case basis for reports under this section if the oral report has been received within 24 hours. c. Occurrences outside normal business hours may also be reported to the Division's Emergency Response personnel at (800) 662-7956, (800) 858-0368 or (919) 733-3300. 7. Other Noncompliance The Permittee shall report all instances of noncompliance not reported under Part II. E. 5 and 6. of this permit at the time monitoring reports are submitted. The reports shall contain the information listed in Part II. E. 6. of this permit [40 CFR 122.410) (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)]. Noncompliance Notification The Permittee shall report by telephone to either the central office or the appropriate regional office of the Division as soon as possible, but in no case more than 24 hours or on the next working day following the occurrence or first knowledge of the occurrence of any of the following: a. Any occurrence at the water pollution control facility which results in the discharge of significant amounts of wastes which are abnormal in quantity or characteristic, such as the dumping of the contents of a sludge digester; the known passage of a slug of hazardous substance through the facility; or any other unusual circumstances. b. Any process unit failure, due to known or unknown reasons, that render the facility incapable of adequate wastewater treatment such as mechanical or electrical failures of pumps, aerators, compressors, etc. c. Any failure of a pumping station, sewer line, or treatment facility resulting in a by-pass without treatment of all or any portion of the influent to such station or facility. Persons reporting such occurrences by telephone shall also file a written report within 5 days following first knowledge of the occurrence. 10. Availability of Reports Except for data determined to be confidential under NCGS 143-215.3 (a)(2) or Section 308 of the Federal Act, 33 USC 1318, all reports prepared in accordance with the terms shall be available for public inspection at the offices of the Division. As required by the Act, effluent data shall not be considered confidential. Knowingly making any false statement on any such report may result in the imposition of criminal penalties as provided for in NCGS 143-215.1(b)(2) or in Section 309 of the Federal Act. 11. Penalties for Falsification of Reports The CWA provides that any person who knowingly makes any false statement, representation, or certification in any record or other document submitted or required to be maintained under this permit, including monitoring reports or reports of compliance or noncompliance shall, upon conviction, be punished by a fine of not more than $25,000 per violation, or by imprisonment for not more than two years per violation, or by both [40 CFR 122.41]. 12. Annual Performance Reports Permittees who own or operate facilities that collect or treat municipal or domestic waste shall provide an annual report to the Permit Issuing Authority and to the users/customers served by the Permittee (NCGS 143-215.1C). The report shall summarize the performance of the collection or treatment system, as well as the extent to which the facility was compliant with applicable Federal or State laws, regulations and rules pertaining to water quality. Version 712009 i ivrDES Permit Standard Conditions Page 13 of 18 The report shall be provided no later than sixty days after the end of the calendar or fiscal year, depending upon which annual period is used for evaluation. The report shall be sent to: NC DENR / DWQ / Central Files 1617 Mail Service Center Raleigh, NC 27699-1617 PART III OTHER REQUIREMENTS Section A. Construction The Permittee shall not commence construction of wastewater treatment facilities, nor add to` the planes treatment capacity, nor change the treatment process(es) utilized at the treatment plant unless the Division has issued an Authorization to Construct (AtC) permit. Issuance of an AtC will not occur until Final Plans sand Specifications for the proposed construction have been submitted by the Permittee and approved by the Division. Section B. Groundwater Monitoring The Permittee shall, upon written notice from the Director, conduct groundwater monitoring as may be required to determine the compliance of this NPDES permitted facility with the current groundwater standards. Section C. Changes in Discharges of Toxic Substances The Permittee shall notify the Permit Issuing Authority as soon as it knows or has reason to believe (40 CFR 122.42): a. That any activity has occurred or will occur which would result in the discharge, on a routine or frequent basis, of any toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels"; (1) One hundred micrograms per liter 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 (l mg/L) for antimony; (3) Five times the maximum concentration value reported for that pollutant in the permit application. b. That any activity has occurred or will occur which would result in any discharge, on a non -routine or infrequent basis, of a toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels'; (1) Five hundred micrograms per liter (500 µg/L); (2) One milligram per liter (1 mg/L) for antimony; (3) Ten times the maximum concentration value reported for that pollutant in the permit application. Section D. Evaluation of Wastewater Discharge Alternatives The Permittee shall evaluate all wastewater disposal alternatives and pursue the most environmentally sound alternative of the reasonably cost effective alternatives. If the facility is in substantial non-compliance with the terms and conditions of the NPDES permit or governing rules, regulations or laws, the Permittee shall submit a report in such form and detail as required by the Division evaluating these alternatives and a plan of action within 60 days of notification by the Division. Section E. Facility Closure Requirements The Permittee must notify the Division at least 90 days prior to the closure of any wastewater,treatment system covered by this permit. The Division may require specific measures during deactivation of the system to prevent Version 712009 i-TPDES Permit Standard Conditions Page 14 of 18 adverse impacts to waters of the State. This permit cannot be rescinded while any activities requiring this permit continue at the permitted facility. PART IV SPECIAL CONDITIONS FOR MUNICIPAL FACILITIES Section A. Definitions In addition to the definitions in Part II of this permit, the following definitions apply to municipal facilities: Indirect Discharge or Industrial User Any non -domestic source that discharges wastewater containing pollutants into a POTW regulated under section 307(b), (c) or (d) of the CWA. [40 CFR 403.3 (b) (i) and (j)J Interference Inhibition or disruption of the POTW treatment processes; operations; or its sludge process, use, or disposal which causes or contributes to a violation of any requirement of the POTWs NPDES Permit or prevents sewage sludge use or disposal in compliance with specified applicable State and Federal statutes, regulations, or permits. [15A NCAC 2H.0903 (b) (13)] Pass Through A discharge which exits the POTW into waters of the State in quantities or concentrations which, alone or with discharges from other sources, causes a violation, including an increase in the magnitude or duration of a violation, of the POTWs NPDES permit, or of an instream water quality standard. [15A NCAC 2H.0903 (b) (23)] Publicly Owned Treatment Works (POTW) A treatment works as defined by Section 212 of the CWA, owned by a State or local government entity. This definition includes any devices and systems used in the storage, treatment, recycling and reclamation of municipal sewage or industrial wastes of a liquid nature. It also includes sewers, pipes, and other conveyances only if they convey wastewater to a POTW. The term also means the local government entity, or municipality, as defined in section 502(4) of the CWA, which has jurisdiction over indirect discharges to and the discharges from such a treatment works. [15A NCAC 2H.0903 (b) (27)] "Significant Industrial User" or "SIU" An industrial user that discharges wastewater into a publicly owned treatment works and that [15A NCAC 2H.0903 (b) (34)]: (a) discharges an average of 25,000 gallons or more per day of process wastewater to the POTW (excluding sanitary, noncontact cooling and boiler blowdown wastewaters) or; (b) contributes more than 5 percent of the design flow of the POTW treatment plant or more than 5 percent of the maximum allowable headworks loading of the POTW treatment plant for any pollutant of concern, or; (c) is required to meet a national categorical pretreatment standard, or; (d) is, regardless of Parts (a), (b), and (c) of this definition, otherwise determined by the POTW, the Division, or the EPA to have a reasonable potential for adversely affecting the POTWs operation or for violating any pretreatment standard or requirement or POTWs receiving stream standard, onto limit the POTWs sludge disposal options. Section B. Publicly Owned Treatment Works (POTWs) All POTWs are required to prevent the introduction of pollutants into the POTW which will interfere with the operation of the POTW, including interference with its use or disposal of municipal sludge, or pass through the treatment works or otherwise be incompatible with such treatment works. [40 CFR 403.2] All POTWs must provide adequate notice to the Director of the following [40 CFR 122.42 (b)]: Version 712009 NI -DES Permit Standard Conditions Page 15 of 18 1. Any new introduction of pollutants into the POTW from an indirect discharger, including pump and hauled waste, which would be subject to section 301 .or 306 of CWA if it were directly discharging those pollutants; and 2. Any substantial change in the volume or character of pollutants being introduced,by an indirect discharger as influent to that POTW at the time of issuance of the permit. 3. For purposes of this paragraph, adequate notice shall include information on (1) the quality and quantity of effluent introduced into the POTW, and (2) any anticipated impact that may result from the change of the quantity or quality of effluent to be discharged from the POTW. Section C. Municipal Control of Pollutants from Industrial Users. 1. Effluent limitations are. listed in Part I of this permit. Other pollutants attributable to inputs from industries using the municipal system may be present in the Permittee's discharge. At such timeas 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. 4 :i 2. Prohibited Discharges a. Under no circumstances shall the Permittee allow introduction of pollutants or'discharges into the waste treatment system or waste collection system which cause or contribute to Pass -Through or Interference as defined in 15A NCAC 2H.0900 and 40 CFR 403. [40 CFR 403.5 (a) (1)] b. Under no circumstances shall the Permittee allow introduction of the following wastes in the waste treatment or waste collection system [40 CFR 403.5 (b)]: 1. Pollutants which create a fire or explosion hazard in the POTW, including, but not limited to, wastestreams with a closed cup flashpoint of less than 140 degrees Fahrenheit or 60. degrees Centigrade using the test methods specified in 40 CFR 261.21; 2. Pollutants which cause corrosive structural damage to the POTW, but ini no case discharges with pH lower than 5.0, unless the works is specifically designed to accommodate such discharges; 3. Solid or viscous pollutants in amounts which cause obstruction to the flow in the POTW resulting in Interference; 4. Any pollutant, including oxygen demanding pollutants (BOD, etc.) released in a Discharge at a flow rate and/or pollutant concentration which will cause Interference with the POTW; 5. Heat in amounts which will may inhibit biological activity in the POTW `resulting in Interference, but in no case heat in such quantities that the temperature at the POTW Treatment Plant exceeds 40°C (104°F) unless the Division, upon request of the POTW, approves alternate temperature limits; 6. Petroleum oil, nonbiodegradable cutting oil, or products of mineral oil origin in amounts that will cause interference or pass through; 7. Pollutants which result in the presence of toxic gases, vapors, or fumes' within the POTW in a quantity that may cause acute worker health and safety problems; 8. Any trucked or hauled pollutants, except at discharge points designated by'the POTW. C. The Permittee shall investigate the source of all discharges into the WWTP, including slug loads and other unusual discharges, which have the potential to adversely impact the permittee's Pretreatment Program and/or the operation of the WWTP. The Permittee shall report such discharges into the WWTP to the Director or the appropriate Regional Office. Any information shall be provided orally within 24 hours from the time the Permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the Permittee becomes aware of the circumstances. The written submission shall contain a description of the discharge, the investigation into"possible sources;'ihe period of the discharge; including exact dates Version 712009 NPDES Permit Standard Conditions Page 16 of 18 and times; and if the discharge has not ceased, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance, 3. With regard to the effluent requirements listed in Part I of this permit, it may be necessary for the Permittee to supplement the requirements of the Federal Pretreatment Standards (40 CFR, Part 403) to ensure compliance by the Permittee with all applicable effluent limitations. Such actions by the Permittee may be necessary regarding some or all of the industries discharging to the municipal system. 4. The Permittee shall require any industrial discharger sending its effluent to the permitted system to meet Federal Pretreatment Standards promulgated in response to Section 307(b) of the Act as amended (which includes categorical standards and locally derived limits and narrative requirements). Prior to accepting wastewater from any significant industrial user, the Permittee shall either develop and submit to the Division a new Pretreatment Program or a modification of an existing Pretreatment Program, for approval as required under section D below as well as 15A NCAC 214.0907 (a) and (b). [40 CFR 122.44 0) (2)] 5. This permit shall be modified, or alternatively, revoked and reissued, to incorporate or modify an approved POTW Pretreatment Program or to include a compliance schedule for the development of a POTW Pretreatment Program as required under Section 402 (b) (8) of the CWA and implementing regulations or by the requirements of the approved State pretreatment program, as appropriate. Section D. Pretreatment Programs Under authority of sections 307 (b) and (c) and 402 (b) (8) of the CWA and implementing regulations 40 CFR 403, North Carolina General Statute 143-215.3 (14) and implementing regulations 15A NCAC 2H.0900, and in accordance with the approved pretreatment program, all provisions and regulations contained and referenced in the Pretreatment Program Submittal are an enforceable part of this permit. [40 CFR 122.44 0) (2)] The Permittee shall operate its approved pretreatment program in accordance with Section 402 (b) (8) of the CWA, 40 CFR 403, 15A NCAC 2H.0900, and the legal authorities, policies, procedures, and financial provisions contained in its pretreatment program submission and Division approved modifications thereof. Such operation shall include but is not limited to the implementation of the following conditions and requirements. Terms not defined in Part II or Part IV of this permit are as defined in 15A NCAC 2H.0903 and 40 CFR 403.3. Sewer Use Ordinance (,SUO) The Permittee shall maintain adequate legal authority to implement its approved pretreatment program. [15A NCAC 2H.0905 and .0906; 40 CFR 403.8 (f) (1) and 403.9 (1), (2)] 2. Industrial Waste Survey (IWS) The permittee shall implement an IWS consisting of the survey of users of the POTW, as required by 40 CFR 403.8 (f) (2) (i-iii) and 15A NCAC 2H.0905 [also 40 CFR 122.44 0) (1)], including identification of all industrial users and the character and amount of pollutants contributed to the POTW by these industrial users and identification of those industrial users meeting the definition of SIU. The Permittee shall submit a summary of its IWS activities to the Division at least once every five years, and as required by the Division. The IWS submission shall include a summary of any investigations conducted under paragraph B, 2, c, of this Part. 3. Monitoring Plan The Permittee shall implement a Division -approved Monitoring Plan for the collection of facility specific data to be used in a wastewater treatment plant Headworks Analysis (HWA) for the development of specific pretreatment local limits. Effluent data from the Plan shall be reported on the DMRs (as required by Part II, Section D, and Section E.5.). [15A NCAC 2H.0906 (b) (2) and .0905] 4. Headworks Analysis (HWA) and Local Limits The Permittee shall obtain Division approval of a HWA at least once every five years, and as required by the Division. Within 180 days of the effective date of this permit (or any subsequent permit modification) the Version 712009 ES Permit Standard Conditions Page 17 of 18 Permittee shall submit to the Division a written technical evaluation of the need to revise local limits (i.e., an updated HWA or documentation of why one is not needed) [40 CFR 122.44]. The Permittee shall develop, in accordance with 40 CFR 403.5 (c) and 15A NCAC 2H.0909, specific Local Limits to implement the prohibitions listed in 40 CFR 403.5 (a) and (b) and 15A NCAC 2H.0909. 5. Industrial User Pretreatment Permits (IUP) & Allocation Tables In accordance with NCGS 143-215.1, the Permittee shall issue to all significant industrial users, permits for operation of pretreatment equipment and discharge to the Permittee's treatment works. These permits shall contain limitations, sampling protocols, reporting requirements, appropriate standard and special conditions, and compliance schedules as necessary for the installation of treatment and control technologies to assure that their wastewater discharge will meet all applicable pretreatment standards and requirements. The Permittee shall maintain a current Allocation Table (AT) which summarizes the results of the HWA andthe limits from all IUPs. Permitted IUP loadings for each parameter cannot exceed the treatment capacity of the POTW as determined by the HWA. [15A NCAC 2H.0909, .0916, and .0917; 40 CFR 403.5, 403.8 (f) (1) (iii); NCGS 143- 215.67 (a)] 6. Authorization to Construct (AIQ The Permittee shall ensure that an Authorization to Construct permit (AtC) is issued to all applicable industrial users for the construction or modification of any pretreatment facility. Prior to the issuance of an AtC, the proposed pretreatment facility and treatment process must be evaluated for its capacity to comply with all Industrial User Pretreatment Permit (IUP) limitations. [15A NCAC 2H.0906 (b) (6) and .0905; NCGS 143- 215.1 (a) (8)] 7. POTW Inspection & Monitoring of their IUs The Permittee shall conduct inspection, surveillance, and monitoring activities as described in its Division approved pretreatment program in order to determine, independent of information supplied by industrial users, compliance with applicable pretreatment standards. [15A NCAC 2H .0908(d); 40 CFR 403.8(f)(2)(v)], The Permittee must: a. Inspect all Significant Industrial Users (SIUs) at least once per calendar year; and b. Sample all Significant Industrial Users (SIUs) at least twice per calendar year for all permit -limited pollutants, once during the period from January 1 through June 30 and once during the period from July 1 through December 31, except for organic compounds which shall be sampled at least once per calendar year; For the purposes of this paragraph, "organic compounds" means the types of compounds listed in 40 CFR 136.3(a), Tables IC, ID, and IF, as amended. 8. IU Self Monitoring and Reporting The Permittee shall require all industrial users to comply with the applicable monitoring and reporting requirements outlined in the Division -approved pretreatment program, the industry's pretreatment permit, or in 15A NCAC 2H .0908. [15A NCAC 2H .0906(b)(4) and .0905; 40 CFR 403.8(f)(1)(v) and (2)(iii); 40 CFR 122.440)(2)] 9. Enforcement Response Plan XRP) 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) approvedby the Division. [15A NCAC 2H .0906(b)(7) and .0905; 40 CFR 4038(f)(5)] 10. Pretreatment Annual Reports (PART The Permittee shall report to the Division in accordance with 15A NCAC 2H .0908. In lieu of submitting annual reports, Modified Pretreatment Programs developed under 15A NCAC 211.0904 (b) may be required to submit a partial annual report or to meet with Division personnel periodically to discuss enforcement of pretreatment requirements and other pretreatment implementation issues. Version 712009 [PDES Permit Standard Conditions Page 18 of 18 For all other active pretreatment programs, the Permittee shall submit two copies of a Pretreatment Annual Report (PAR) describing its pretreatment activities over the previous twelve monthsto the Division at the following address: NC DENR / DWQ / Pretreatment, Emergency Response; and Collection Systems Unit (PERCS) 1617 Mail Service Center Raleigh, NC 27699-1617 These reports shall be submitted according to a schedule established by the Director and shall contain the following: a.) Narrative A brief discussion of reasons for, status of, and actions taken for all Industrial Users (IUs) in Significant Non -Compliance (SNC); b.) Pretreatment Program Summary(PPS) A pretreatment program summary (PPS) on specific forms approved by the Division; c.) Significant Non -Compliance Report (SNCR) The nature of the violations and the actions taken or proposed to correct the violations on specific forms approved by the Division; d.) Industrial Data Summary Forms (IDSFD Monitoring data from samples collected by both the POTW and the Significant Industrial User (SIU) and any monitoring data for other Industrial Users (IUs) in SNC. These analytical results must be reported on Industrial Data Summary Forms (IDSF) or other specific format approved by the Division; e) Other Information Copies of the POTWs allocation table, new or modified enforcement compliance schedules,. public notice of IUs in SNC, and any other information, upon request, which in the opinion of the Director is needed to determine compliance with the pretreatment implementation requirements of this permit; 1'1.` Public Notice The Permittee shall publish annually a list of Industrial Users (IUs) that were in Significant Non -Compliance (SNC) as defined in the Permittee's Division -approved Sewer Use Ordinance with applicable pretreatment requirements and standards during the previous twelve month period. This list shall be published within four months of the applicable twelve-month period. [15A NCAC 2H .0903 (h) 35,..0908(b)(5) and .0905 and 40 CFR 403.8(_0 Q (vU, 12. Record Keeping . The Permittee shall retain for a minimum of three years records of monitoring activities and results, along with support information including general records, water quality records, and records of industrial impact on the POTW. [15A NCAC 2H .0908(f); 40 CFR 403.12(o)] 13. Funding and Financial Report The Permittee shall maintain adequate funding and staffing, levels to accomplish the objectives -of its approved pretreatment program. [15A NCAC 2H .0906(a) and .0905 40 CFR 403.8(f)(3), 403.9(b)(3)] 14. Modification to Pretreatment Programs Modifications to the approved pretreatment program including but not limited to local limits modifications, POTW monitoring of their Significant Industrial Users (SIUs), and Monitoring Plan modifications, shall be considered a permit modification and shall be governed by 15 NCAC 2H .0114 and 15A NCAC 2H .0907. Version 712009 WVWA �!\�� r a4 P' m iI NCDENR North Carolina Department of Environment and Natural Resoia'rces Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary i SURFACE WATER PROTECTION SECTION October 7, 2010 Ms. Carolyn F. Edmundson Country Acres Mobile Home Park 25 Keith Memorial Drive Mills River, NC 28759-2522 SUBJECT: Compliance Evaluation Inspection Country AcresMHP WWTP Permit No: NCO066249 Henderson County Dear Ms. Edmundson: Enclosed please find a copy of the Compliance Evaluation Inspection report from the inspection conducted on September 10, 2010. The facility was found to be in compliance with permit NC0.066249. Please refer to the enclosed inspection report for additional observations and comments. If you or your staff should have any questions, please call me at 828-296-4662. Sincerely, O 1 Wanda P. Frazier Environmental %Specialist Enclosure u cc: Fred Edwards, ORC (64 Web Place; Mills River, NC 28759) Central Files S:\SWP\Henderson\Wastewater\Minors\Country Acres MHP 66249\CEI 9-10-10.doc SURFACE WATER PROTECTION — ASHEVILLE REGIONAL OFFICE Location: 2090 U.S. Highway 70, Swannanoa, NC 28778 Phone: (828) 296-4500 \ FAX: 828 299-70431 Customer Service: 1-877-623-6748 Internet: www.ncwaterguality.org onrt NhCarolina Naturally United States Environmental Protection Agency Form Approved. Washington, D.C. 20460 EPA r /`1 OMB No. 2040-0057 Water Compliance Inspection Report Approval expires 8-31-98 Section A: National Data System Coding (i.e., PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 I NI 2 151 31 NCO066249 111 121 10/09/10 117 181 CI 19I SI 20III Remarks 2111111111 1111 1111.1111 11111111 111111111,11111111116 Inspection Work Days Facility Self -Monitoring Evaluation Rating B1 QA Reserved-- — 671 1.0 169 70131 71 I! 72 I N I 73 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) j Country Acres MHP,WWTP 11:45 AM 104109/10 05/12/01 i Exit Time/Date 1 Permit Expiration Date 25 Keith or Arden NC 28704 12.45 AM 10/,09/10 10/11/30 Name(s) of Onsite Representative(s)rfities(s)/Phone and Fax Number(s) Other Facility Data J. Fred Edwards/ORC/828-232-4574/ Name, Address of Responsible Officialffitle/Phone and Fax Number Carolyn F Edmundson,25 Keith Memorial Dr Mills River NC Contacted 287592522//828-891-3261/ No Section C: Areas Evaluated During Inspection (Check only those areas evaluated) Permit Operations & Maintenance 0 Records/Reports Facility Site Review Effluent/Receiving Waters Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s) and Signature(s) of Inspector(s), Agency/Office/Phone and Fax Numbers Date Wanda P Frazier ARO WQ//828-296-4500 Ext.4662/ GZM �GZ1��r' ��/0 o Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers i Date p � EPA Form 3560-3 (Rev 9-94) Previous editions are obsolete. Page # NPDES yr/mo/day Inspection Type (cont. 1 3I NCO066249 I11 12I 10/09/10 I17 18I�I Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) FACILITY DESCRIPTION: The Country Acres Mobile Home Park WVVfP is a class II facility rated as a 0.006 MGD extended aeration package plant consisting of: manual bar screen; 6000 gallon aeration basin with dual 36 cfm blowers providing diffused air; 1000 gallon rectangular clarifier with skimmer and sludge returns; aerobic digestor (concrete septic tank located outside the fence); tablet chlorinator; 125 gallon chlorine contact chamber; v-notch weir; tablet dechlorinator; effluent pump tank (under manhole cover) with duplex 50 gpm submersible pumps; audible high water alarm; and 350 linear feet of 2-inch force main to outfall. A to C: Issued on 10-13-87 & amended on 5-26-88. Annual Average Flow: 0.003 MGD (3 year average — 2007-2010) Collection System: Consists of 6-inch diameter ductile iron pipe gravity sewer. Records include a sewer map (with 3 clean -outs), preventive maintenance schedule / checklist and emergency response SSO plan. The grease program educational information is posted in the office along with the SPAR (System Performance Annual Report). There have NOT been any SSOs. Record keeping is impeccable and all records are maintained on -site at the WWTP and office. Development: Consists of 25 lots (24 mobile homes plus 1 office / home). Sludge Management: Commercial hauler to City of Brevard's WWTP and MSD. Excess MLSS are pumped two to four times per year. PERMIT / INSPECTION / LOG: A review of the files indicates that the last compliance evaluation inspection was conducted on 4-23-2008 by Jim Reid. The permit expires on 11-30-2010. The Division received your request for permit renewal on 6-3-2010. A copy of the most recent draft permit was on -site. The daily operator log was present on -site and had good notation of daily events, process control and field testing data. Record keeping is impeccable and all records are maintained on -site at the WWTP and office. Page # 2 Permit: NCO066249 Owner - Facility: Country Acres MHP WWTP Inspection Date: 06/10/2010 Inspection Type: Compliance Evaluation TREATMENT UNITS / PROCESS CONTROL TESTING DATA: The activated sludge aeration basin process control data was as follows: Temperature = 24.0 degrees Celsius pH = 6.6 units Dissolved Oxygen = 2.5 mg/I Settleable Solids = 700 ml/I = 70% EFFLUENT: The effluent data was as follows: pH = 6.8units Temperature = 24.0 degrees Celsius Chlorine = <15 ug/I OPERATIONS AND MAINTENANCE / EFFLUENT / SUMMARY: Mr. Fred Edwards, ORC, assisted in the inspection and appears to be operating and maintaining the facility very well. The effluent appeared to be in compliance with permit limits. SYSTEM PERFORMANCE ANNUAL REPORT: The 2009 System Performance Annual Report was received by the Division on 1-13;=2010. Note: According to the Clean Water Act of 1999 (House Bill 1160), the legal requirement for submittal of the System Performance Annual Report is as follows: The owner or operator of any wastewater treatment works or wastewater collection systems that treats or collects primarily domestic or municipal waste, must provide an Annual Report to its users or customers and to the Department of Environment and Natural Resources that summarizes the treatment work's and collection system's performance over a 12 month period. Page # 3 Permit: NCO066249 Owner - Facility: Country Acres MHP VWVFP Inspection Date: 09/10/2010 Inspection Type: Compliance Evaluation Permit Yes No NA NE (If the present permit expires in 6 months or less). Has the permittee submitted a new application? ■ n n 0- Is the facility as described in the permit? ■ n n n # Are there any special conditions for the permit? ❑ ■ n o Is access to the plant site restricted to the general public? ■ n n n Is the inspector granted access to all areas for inspection? ■ n n n Comment: Operations & Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? ■ n 00 Does the facility analyze process control parameters, for ex: MLSS, MCRT, Settleable Solids, pH, DO, Sludge ■ ❑ 00 Judge, and other that are applicable? Comment: Bar Screens Yes No NA NE Type of bar screen a.Manual ■ b.Mechanical n Are the bars adequately screening debris? ■ n ❑ n Is the screen free of excessive debris? ■ n n n Is disposal of screening in compliance? ■ n n n Is the unit in good condition? ■ n ❑ n Comment: Aeration Basins Yes No NA NE Mode of operation Ext•'y'r Type of aeration system Diffused Is the basin free of dead spots? ■ n n Are surface aerators and mixers operational? ❑ ❑ ■ n Are the diffusers operational? ■ n n n Is the foam the proper color for the treatment process? ■ n n n Does the foam cover less than 25% of the basin's surface? ■ ❑ n n Is the DO level acceptable? ■ n ❑ n Is the DO level acceptable?(1.0 to 3.0 mg/1) ■ n n n Page # 4 Permit: NC0066249 Owner - Facility: Country Acres MHP WVVfP 'Inspection Date: 09/10/2010 Inspection Type: Compliance Evaluation Aeration Basins Yes No NA NE Comment: Secondary Clarifier Yes No NA NE Is the clarifier free of black and odorous wastewater? ■ n n n Is the site free of excessive buildup of solids in center well of circular clarifier? n o ■ n Are weirs level? ■ ❑ n n Is the site free of weir blockage? ■ n ❑ n Is the site free of evidence of short-circuiting? ■ Is scum removal adequate? ■ ❑ ❑ n Is the site free of excessive floating sludge? ■ ❑ n Cl Is the drive unit operational? n Cl ■ n Is the return rate acceptable (low turbulence)? ■ n n n Is the overflow clear of excessive solids/pin floc? ■ n, O Is the sludge blanket level acceptable? (Approximately'/ of the sidewall depth) ■ n n n Comment: Disinfection -Tablet Yes No NA NE Are tablet chlorinators operational? ■ n n n Are the tablets the proper size and type? ■ n 00 Number of tubes in use? 1 Is the level of chlorine residual acceptable? ■ n 00 Is the contact chamber free of growth, or sludge buildup? ■ n n n Is there chlorine residual prior to de -chlorination? ■ n ❑ n Comment: De -chlorination Yes No NA NE Type of system ? Tablet Is the feed ratio proportional to chlorine amount (1 to 1)? n ❑ ■ n Is storage appropriate for cylinders? n n ■ n # Is de -chlorination substance stored away from chlorine containers? o o ■ n Comment: Are the tablets the proper size and type? ■ n ❑ n Are tablet de -chlorinators operational? ■ ❑ ❑ n Page # 5 Permit: NC0066249 Inspection Date: 09/10/2010 De -chlorination Number of tubes in use? Comment: Owner - Facility: Country Acres MHP VVVVTP Inspection Type: Compliance Evaluation Yes No NA NE Page # 6 Frazier, Wanda From: Sent: To: Cc: Subject: Attachments: Hi Maureen, Frazier, Wanda Tuesday, August 31, 2010 2:39 -PM Scardina, Maureen Haynes, Keith; Reid, Steve; Pugh, James L.; Edwards, Roger DRAFT Permits: NCO066249 DRAFT Permit NCO066249_2010.pdf; NCO066249 4-23-08.pdf; 66249 a cover page 2010.doc Everything looks good. Attached is the most recent inspection report. Here's what I would suggest. 'Supplement to permit cover page: (see attachment) Continue to operate 0.006 MMGD extended aeration WWTP with: manual bar screen; 6000 gallon aeration basin with dual 36 cfm blowers providing diffused air; 1000 gallon clarifier with skimmer and sludge returns; aerobic digestor; tablet chlorinator; 125 gallon chlorine contact chamber; tablet dechlorinator; V-notch weir; effluent pump tank with duplex 50 gpm submersible pumps; high water alarms; and 350 linear feet of 2-inch force main to outfall. I feel that everything else in the attached documents is accurate. ARO recommends renewal of this permit. Is this email sufficient?. Let me know if you have questions or comments. Thanks, Wanda Wanda Frazier 1 Email: Wanda.Frazier@ncdenr.gov North Carolina Department of Environment and Natural Resources Asheville Regional Office Division of Water Quality Surface Water Protection Section 2090 US 70 Highway Swannanoa, NC 28778 Switchboard: 828-296-4500 x 4662 Direct line: 828-296-4662 Fax: 828-299-7043 Notice: E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and therefore may be disclosed to third parties. From: Scardina, Maureen Sent: Friday, August 27, 2010 10:39 AM To: Edwards, Roger Cc: Frazier, Wanda; Haynes, Keith; Reid, Steve; Pugh, James L. Subject: DRAFT Permits: NC0033430 I NC0024431 Attached are permit drafts scheduled to go to public notice on September 1. Please contact me if you have any questions or comments. Thank you, Maureen � - t�laur�e�t Scaena N D 1 ~ 9 S0,7 35 4 5 f"X maureen:scard a rsad--nr gay'.: P aint SLf- Bras 1617 t�3a�i.Ber��icehCent�r°" Email correspondence to and from this address may be subject to the North Carolina Public Recordslaw and may be disclosed to third parties. 2 Permit NCO066249 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY :u 1 TO DISCHARGE WASTEWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provisions of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, Ms. Carolyn F. Edmunson is hereby authorized to discharge wastewater from a facility located at the Country Acres Mobile Home Park 25 Keith Memorial Drive Northwest of Mills River Henderson County to receiving waters designated as McDowell Creek in the French Broad River Basin in accordance with effluent limitations, monitoring requirements, and other conditions set forth in Parts I, Il, 111 and. IV hereof. This permit shall become effective , 2010. This permit and authorization to discharge shall expire at midnight on November 30, 2015. Signed this day , 2010. DRAFT Coleen H. Sullins, Director Division of Water Quality By Authority of the Environmental Management Commission Permit NC0066249 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. Ms. Carolyn F. Edmundson is hereby authorized to: 1. Continue to operate an existing 0.006 MGD extended aeration wastewater treatment system with the following components: ♦ Bar Screen ♦ Aeration tank ♦ Dual motor and blower controls ♦ Sedimentation/Sludge holding compartments ♦ Chlorine contact chamber ♦ Dechlorination ♦ Effluent lift pump ♦ Aerobic digester The facility is located Northwest of Mills River at Country Acres Mobile Home Park (25 Keith Memorial Drive) in Henderson County. 2. Discharge from said treatment works at the location specified on the attached map into McDowell Creek, currently classified C waters in sub -basin 04-03-02 of the French Broad River Basin. Permit NCO066249 A. (L) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS — DRAFT During the period beginning on the effective date of this permit and lasting until expiration, the Permittee is authorized to discharge from outfall 001. Such discharges shall be limited and monitored by the Permittee as specified below: s EFFLUENT CI�AItACTERITIC� h LIMITS E 19It)1,iITORING REQIJi%2EMEITS a k � `� IV>[tinlaly F Daily Measurement �Sample Sample •� �;� Parameter erodes" Aye rage = MaxlmuID� l� regaency u a . Type I.ocatzomp Flow 0.006 MGD Weekly Instantaneous Influent or 50050 Effluent BOD, 5-day (20°C) 30.0 mg/L 45.0 mg/L 2/Month Grab Effluent 00310 Total Suspended Solids 30.0 mg/L 45.0 mg/L 2/Month Grab Effluent 00530 NH3 as N 2/Month Grab Effluent 00610 Fecal Coliform (geometric mean) 200/100 ml 400/100 ml 2/Month Grab Effluent 31616 Total Residual Chlorine' 28 µg/L 2/Week Grab .Effluent 50060 Temperature (°C) Effluent Weekly Grab 00010 pH Not < 6.0 nor > 9.0 00400 1 standard units Weekly Grab Effluent Footnotes: 1. Limit and monitoring applies only if chlorine is added for disinfection. The Division shall consider all effluent TRC values reported below 50 µg/l to be in compliance with the permit. However, the Permittee shall continue to record and submit all values reported by a North Carolina certified laboratory (including field certified), even if these values fall below 50 µg/l. THERE SHALL BE NO DISCHARGE OF FLOATING SOLIDS OR VISIBLE FOAM IN OTHER THAN TRACE AMOUNTS. � f • r ^ - �/�� - �-��\ x # � "� '/r ,^.:�`. � � y1' �� ''�� .-•J •ill \�'-� \i`Q �`� ! �' 1 iy,�� ` , r �-. 1 F .. a i f A,aa4sg�/. 'DISCHARGE --, LOCATION° N Fanr}ing.a r£"�:" \ ' I• i ,1°}`- ; U r e � � '��%e�{ , � ': t ' � � _'` - � y� r.�. '%!.-'r\� �� "r�� } .\.• � )n • `��,.a aa'i pm n k t ,,► � ,., "i\ \. y ..�,,,� �`" .^�....� � ,,.Yy"'�� `� Mi(1 •_ �-.. .III ��, /i ('� r-�y'{� `��'k \\ `r^, ;�' �� 4 ��l�wv.✓ t i' ! j �� 1 f�i \ � \ � nl 1 �.m.: U "7'�-a3 > E } ,.,\ `~�� ,,I ..-.k s / �t 4 �.�z .y,"�t��_ �._•�. JI i ��'d/ � � ' h r/�a �� #j, , 1101, �/��`�D r � '� �� 4�' a \ tl �. P y[ �j} B, '1'{h _/� �J �"�„yr €' .' ,� � •�•:4K* . �/ �.�t+✓...." �"��\ti { . _ � .�. �},� l �a,t' fi\r�� o\ 1 �� r/'�1� r�.'' C � ,. n f � tr `� $ i6i1�+ �� ` �...,-c:r�� _-_- "�. v-(` \. ',.�.''�-��'yt��,"�• �i n n` \^, l\ �\�� ;� \� ; ^: \ 101) Iv �\� .. 6 �-'�-- O.'._ r`. , , ✓EFi�-Re s / k ' YAM fi * ty F` r� . •'1' // 1r ,-'�1 �I �Y it !f /� ) i Ms. Carolyn F. Edmundson Country Acres Mobile Home Park WWTP County: Henderson Stream Class: C Receiving Stream: McDowell Creek Sub -Basin: 04-03-02 Latitude: 35a 25' 10" Grid/Quad: F08NE/Skyland Longitude: 82' 35' 30" HUC #: 06010105 A=wn North Carolina Department of Environment and Natural Beverly Eaves Perdue Governor Division of Water Quality Coleen H. Sullins Director CAROLYN F EDMUNDSON OWNER/MANAGER COUNTRY ACRES MOBILE HOME PARK 25 KEITH MEMORIAL DRIVE MILLS RIVER NC 28759 Dear Ms. Edmundson: June 16, 2010 Resources Dee Freeman Secretary Subject: Receipt of permit renewal application NPDES Permit NCO066249 Country Acres MHP WWTP Henderson County The NPDES Unit received your permit renewal application on June 3, 2010. A member of the NPDES Unit will review your application. They will contact you if additional information is required to complete your permit renewal. You should expect to receive a draft permit approximately 30-45 days before your existing permit expires. If you have any additional questions concerning renewal of the subject permit, please contact Karen Rust at (919) 807-6400. Sincerely, l�E s r f,� Dina Sprinkle Point Source Branch cc: CENTRAL FILES A�shev�tll�tlle Regio„LKa, 06fice/Surface Water Protection NPDES Unit 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 Phone: 919-807-63001 FAX: 919-807-64921 Customer Service: 1-877-623-6748 Internet: www.ncwaterquality.org An Equal Opportunity ',Affirmative Action Employer >`,',,-<:tr`c--.,•"�'._''swelsa��di..r.�. ,�v...•-.,.....�..:—r��.-' .V.y.. ..�e• jUN 2 1 2010 1 WATER TIOASH g�I 25 Keith Memorial Drive Mills River, NC 28759 May 28, 2010 Mrs. Dina Sprinkle NC DENR/DWQ/Point Source Branch 1617 Mail Service Center Raleigh, NC 27699-1617 Dear Mrs. Sprinkle; Please renew NPDES permit #NC0066249 for Country Acres Mobile Park. There are no expected changes in the nature and volume of the waste to be treated. Attached are the completed application forms, map of outfall, and our sludge management plan. Sincerely, Carolyn F. Edmundson Manager NPDES Ahn-ICATION FOR PERMIT RENEWAL - FORM D For privately owned treatment systems treating 100% domestic wastewaters <0.1 MGD Mail the complete application to: N. C. Department of Environment and Natural Resources Division of Water Quality / NPDES Unit 1617 Mail Service Center, Raleigh, NC 27699-1617 NPDES Permit C0066249 If you are completing this form in computer use the TAB key or the up - down arrows to moue from one field to the next. To check the boxes, click your mouse on top of the box Otherwise, please print or type. 1. Contact Information: Owner Name Carolyn Edmundson Facility Name Country Acres Mobile Home Park Mailing Address 25 Keith Memorial Drive City Mills River State / Zip Code N.C. 28759 Telephone Number (828-891-3261) Fax Number ( ) e-mail Address 2. Location of facility producing discharge: Check here if same address as above Street Address or State Road City State / Zip Code County Henderson 3. Operator Information: Name of the firm, public organization or other entity that operates the facility. (Note that this is not referring to the Operator in Responsible Charge or ORC) Name Safety & Environmental Consulting, Inc. Mailing Address City State / Zip Code Telephone Number Fax Number 1 of 4 64 Web Place Mills River N.C. 28759 (828-684-8722) I 9F LJUN - 3 2010 DEER -WATER OUALFTY POINT SOURCE BRANCH Form-D 1/06 NPDES APPLICATION FOR PERMIT RENEWAL - FORM D f For privately owned treatment systems treating 1000/6 domestic wastewaters <0.1 MGD 4. Description of wastewater: Facility Generating Wastewate#check all that applyr Industrial ❑ Number of Employees Commercial ❑ Number of Employees Residential ® Number of Homes 24 School ❑ Number of Students/Staff Other ❑ Explain: Describe the source(s) of wastewater (example: subdivision, mobile home park, shopping centers, restaurants, etc.): mobile home park Population served: 34 5. Type of collection system ® Separate (sanitary sewer only) ❑ Combined (storm sewer and sanitary sewer) 6. Outfall Information: Number of separate discharge points 1 Outfall Identification number(s) 001 Is the outfall equipped with a diffuser? ❑ Yes ® No 7. Name of receiving- stream(s) (Provide a map showing the exact location of each outfall}. McDowell Creek S. Frequency of Discharge: ® Continuous ❑ Intermittent If intermittent: Days per week discharge occurs: 7 Duration: 24hrsjday 9. Describe the treatment system List all installed components, including capacity, provide design removal for BOD, TSS, nitrogen and phosphorus. If the space provided is not sufficient, attach the description of the treatment system in a separate sheet of paper. 0.006 MGD extended aeration package plant consisting of bar screen, aeration tank , dual motor and blower controls, sedimentation and sludge holding compartments, chlorine contact chamber followed by dechlorination, effluent lift pump, and aerobic digester. 2 of 4 FomrD 1106 NPDES AP ...,!CATION FOR PERMIT RENFORM D For privately owned treatment systems treating 1000/a domestic wastewaters <0.1 MGD 10. Flow Information: Treatment Plant Design flow 0.006 MGD Annual Average daily now 0.003 MGD (for the previous 3 years) Maximum daily flow 0.003 MGD (for the previous 3 years) 11. Is this facility located on Indian country? [] Yes ® No 12. Effluent Data Provide data for the parameters listed. Fecal Cohforrn, Temperature and pH shall be grab samples, for all other parameters 24-hour composite sampling shall be used. Effluent testing data must be based on at least three samples and must be no more than four and one half years old. Parameter Daily Maximum Monthly Average Units of Measurement Number of Samples' Biochemical Oxygen Demand (BODs) 8.8 7.8 mg/1 5 Fecal Coliform 28 10 #/ 100m1 5 Total Suspended Solids 37 21.25 mg/1 5 Temperature (Summer), 24 23 degrees C 3 Temperature (Winter) 14 12.2 degrees C 3 pH 7.1 6.9 units 5 13. List all permits, construction approvals and/or applications: Type Permit Number Type Hazardous Waste (RCRA) NESHAPS (CAA) UIC (SDWA) NPDES PSD (CAA) Non -attainment program (CAA) NCO066249 14. APPLICANT CERTIFICATION Ocean Dumping (MPRSA) Dredge or fill (Section 404 or CWA) Special Order of Consent (SOC) Other Permit Number I certify that I am familiar with the information contained in the application and that to the best of my knowledge and belief such information is true, complete, and accurate. Carolyn Edmundson- owner Printed name of Person Signing Title 3 of 4 Form-D 1 /06 NPDES Arex ICATION FOR PERMIT RENEWAL - FORM D For priva ly owned treatment systems treating 100% domestic wastewaters s0.1 KGD Signature of Applicadt Date North Carolina General Statute 143-215.6 (b)(2) states: Any person who knowingly makes any false statement representation, or certification in any application, record, report, plan, or other document files or required to be maintained under Article 21 or regulations of the Environmental Management Commission implementing that Article, or who falsifies, tampers with,. or knowly renders inaccurate any recording or monitoring device or method required to be operated or maintained under Article 21 or` regulations of the Environmental Management Commission implementing that Article, shall be guilty of a misdemeanor punishable by a fine not to exceed $25,000, or by imprisonment not to exceed six months, or by both. (18 U.S.C. Section 1001 provides a punishment by a fine of not more than $25,000 or imprisonment not more than 5 years, .or both, for a similar offense.) Of 4 Forth-D 1'106 Sludge Management Plan Country Acres Mobile Home Park Permit # NC0066249 At the wastewater treatment facility serving Country Acres Mobile Home Park, mixed liquor suspended solids in the aeration tank are maintained in the desired range and the facility is operated and maintained in such a manner to minimize the production of large quantities of sludge. Sludge is wasted as necessary from the package plant to an aerobic digester. As needed a licensed commercial septic tank truck removes sludge from the digester for ultimate disposal at a nearby POTW. I Performance Annual 'IN -J,/L�4l.0 %'y+(y. h•l L, c� S} E C JAN 1 5 2010 ,1 UALITY SECTION t General Information vdI Q P.SHEVILLE REGIONAL OFFICE Facility/System Name: C Responsible Entity: Person in Charge/Contact: �� Applicable Permits)li--..�.uc�r� Description of Collection System or Treatment Process: 0 C, (vk- c- <-CJ- , C, — (�S A— w , o �c 4 Lrc_9' \.0 — CA cr1- C, -L CK CAL n...,—�. ✓�S' ^--.i- V - � C`"� :_� l-.�) � II. Performance Text Summary of System Performance for Calendar Year z e c 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: O Y1- G_ IIL. 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.. 6' IV. Certification I certify under penalty of law that this, report is complete and accurate to the best of my knowledge. I further certify that this report has been made available to the users or customers of the named system and that those users have been notified of its availability. Date:, l/- c Responsible. Person Title Entity , _rjQ ,M,ajr- � A-, nzatRkVk,4, JA N 9 2009 �% I. General Information CI! - kUTY Facility/System Nam Responsible Entity: c, o-r-a\ Person in Charge/Contact: c A,.,, tl '-- - — �F gs-w A Applicable Permit(s) Description of Collection System or Treatment Process: C \,—k a 'r —3.- 0-40 H. Performance Text Summary of System Performance for Calendar Year —z6og RECEIVED JAN - 7 2009 - DENIZ, WATER OUALITY POINT SOURCE BRANCH R List(by month) any violations of permit conditions or other environmental regulations. Monthly fists should include discussion of any environmental impacts and corrective measures taken to address violations: a r- c o III. 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. IV. Certification I certify under penalty of law that this report is complete and accurate to the best of my knowledge. I further certify that this report has been made available to the users or customers of the named system and that those users have been notified of its availability. Date: A j . D 5" __2 oD9 �A' v��N f -. Lc%,�ds�,✓ Responsible Person Title ew), e,. l Entity :;? S lei 7`/ �Vl-ei��r�, � / -Z) /1/.c. R 57Sg VI L E COPY iOPY North Carolina Department SURFACE WATER PROTECTION April 25, 2008 Ms. Carolyn F Edmundson Country Acres Mobile Home Park 25 Keith Drive Arden NC 28704 Michael F. Easley, Governor William G. Ross Jr., Secretary ironment and Natural Resources Coleen H. Sullins, Director Division of Water Quality Asheville Regional Office SUBJECT: Compliance Evaluation Inspection Country Acres Wastewater Plant Permit No: N 006 - Henderson County Dear Ms. Edmundson: Enclosed please find a copy of the Compliance Evaluation Inspection form for the inspection conducted on April 23, 2008. The facility was found to be in Compliance with permit NC0066249. Please refer to the enclosed inspection report for additional observations and comments. If there are questions or matters with which this agency could be of assistance, please call .the writer at 828-296-4651. Sincerely, James R Reid Environmental Enqineer Enclosure cc: J. Fred Edwards, ORC Central Files NNaoe Carolina turally 2090 U.S. Highway 70, Swannanoa, NC 28778 Telephone: (828) 29674500 Fax: (828) 299-7043 Customer Service 1 877 623-6748 United States Environmental Protection Agency Form Approved. EPA Washington, D.C. 20460 OMB No. 2040-0057 Water Compliance Inspection Report Approval expires 8-31-98 Section A: National Data System Coding (i.e., PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 I NI 2 15I 31 NCO066249 Ill 121 08/04/23 117 181 CI 19I SI 20III Remarks 211III IIIIIIII IIII IIIIIIIIIIII IIIII1II III.1IIII II16 Inspection Work Days Facility Self -Monitoring Evaluation Rating B1 QA ----- —------ —--------- --- Reserved ---------- ---------- 67I 169 701 41 711 I 721 NI 73I W 174 751 I I I I I Li Section B: Facility Data Name and Location of Facility Inspected (For Industrial Users discharging to POTW, also include Entry Time/Date Permit Effective Date POTW name and NPDES permit Number) 12:10 PM 08/04/23 05/12/01 Country Acres MHP WWTP Exit Time/Date: Permit Expiration Date 25 Keith Dr Arden NC 28704 - --... --._.. -- -- .....--,...- ._.__..._:...- ...... _._... 12c35._5M...---08/04/23 10/11/30.. - Name(s) of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data J. Fred Edwards/ORC/828-890-2835/ Name, Address of Responsible Official/Title/Phone and Fax Number Contacted Carolyn F Edmundson,25 Keith Dr Arden NC 28704//828-89.1-3261/ No Section C: Areas Evaluated During Inspection (Check only those areas evaluated) Permit Operations & Maintenance Records/Reports Self-Mogitoring Program Facility Site Review Effluent/Receiving Waters Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s)_and-Signature(s)_of_ba ector(s) Agenc /,y Office/Phone and Fax Numbers Date James R Reid ARO WQ//828-296-4500 Ext.4651/ Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers / Date Ef y z,,z l EPA Form 3560-3 (Rev 9-94) Previous editions are obsolete. Page # 1 NPDES yr/mo/day Inspection Type 1 3I NC0066249 I11 12I 08/04/23 1 17 18ICI Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) Bar Screen was clean. No Odors detected. Aeration basin and return -sludge were working normally. Clarifier had an acceptable level of sludge, no gassing. Chlorinator and dechlorinator were functioning with one tube each. Facility was neatly and cleanly kept. Page # 2 Permit: NCO066249 Owner - Facility: Country Acres MHP WWTP Inspection Date: 04/23/2008 Inspection Type: Compliance Evaluation Operations & Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? ■ n n n Does the facility analyze process control parameters, for ex: MLSS, MCRT, Settleable Solids, pH, DO, Sludge ■ n n n Judge, and other that are applicable? Comment: Permit Yes No NA NE (If the present permit expires in 6 months or less). Has the permittee submitted a new application? ■ n n n Is the facility as described in the permit? ■ n n n # Are there any special conditions for the permit? ■ n n n Is access to the plant site restricted to the general public? ■ n n n Is the inspector granted access to all areas for inspection? ■ n n n Comment: Page # 3 ray �e.-4 Ms. Wanda Frazier NCDENR-DWQ Asheville Regional Office 2090 U.S Highway 70 Swannanoa, N.C. 28778 Dear Ms. Frazier, 4/14/08 A plant upset occurred at the wastewater treatment facility serving Country Acres Mobile Home Park (permit# NC0066249). The plant was out of compliance w-1th permit IHnits, primarily BOD, the first part of April. The following actions have been taken to bring the facility back into compliance with permit limits. The aeration time has been increased substantially. Solids level in aeration tank is adequate, but has been seeded with a commercial bacteria. All mechanical equipment is functional. The chlorination and dechlorination system dosages and equipment have been adjusted to accomplish adequate disinfection and dechlorination, but also to minimize BOD. If additional information or action is needed at this time, please advise. Sincerely, J.F. Edwards, ORC 64 Web Place Fletcher, NC 28732 684-8722 i APR 1 5 2008 `�,� VVA TER CUALITY SECTION ASHEVI( LE F— JAN 2 5 2008 1 4 V, e�r 1 o WATER QUALITY SECTION ASHEVILLE REGIONAL OFFICE VT r JAN 1 4 2008 I. General Information C d?5 Inc. Facility/System Name: Responsible Entity: V F LD civ d a o,,v Person in Charge/Contact: oi� rmance Annual Report Applicable Permit(s): Alc, 557 Description of Collection System or Treatment Process: MM t-4CF1 41 &Wtfwhz"r- 7,nq Al ]I. Performance Text Summary of System Performance for. Calendar Year 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. January 4 1970A;M1 ly A)ex / U,/-- /P�P;/ lvalvcoln t e— dee-NoRi1044pV -,q5 an'; p ",rae h" ;ivi'mize p-pd Jec-h1ow1'1v,4'i01v To C', r February Af iq Etc. N 4 III. 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. Z-A"acQ rz � Q , .2oa8 Ae-g s ��sr'cI�nr7s t' � Thah e �' oo7 � R- 11720"Cc comple-7ed �Nd ,�e��%aG/� �o� �h�i�2 h'�u•�Eu _ �osT:.v fh� a�=F�'c� _ IV. Certification I certify under penalty of law that this report is complete'and accurate to the best of my knowledge. I further certify that this report has been made available to the users or customers of the named system and that those users have been notified of its availability. per, Responsilge.Perso Title C9G WC-,`�%�-� c°T� Entity 2,o zWe9 c,N Date, VJATF Michael F. Easley, Governor R1 UL ®PY vvilliam G. Ross Jr., Secretary Q hQ "G North Carolina Department of Environment and Natural Resources =n [ Coleen H. Sullins, Director Division of Water Quality m;Yy Asheville Regional Office SURFACE WATER PROTECTION SECTION CERTIFIED MAIL RETURN RECEIPT REQUESTED Ms. Carolyn F. Edmundson Country Acres Mobile Home Park 25 Keith Drive Arden NC 28704 Dear Ms. Edmundson: January 2, 2008 7006 3450 0002 7064 2363 Subject: NOTICE OF VIOLATION NOV-2007-LV-0625 Permit No. NCO066249 Country Acres MHP WWTP Henderson County A review of Country Acres MHP WWTP's monitoring report for October 2007 showed the following violations: Parameter Date Limit Value Reported Value Limit Type Biochemical Oxygen 10/01/07 45 mg/I 79.8 mg/I Daily Maximum Demand, 5-Day Exceeded @ 20 degrees Celcius r NothCarolina Naturally North Carolina Division of Water Quality 2090 US Hwy 70; Swannanoa, NC 28778 Phone (828) 296-4500 Internet: www.ncwaterguality.org . Customer Service 1-877-623-6748 FAX (828) 299-7043 • Ms. Carolyn F. Edmundson Country Acres Mobile Home Park January 2, 2008 Page 2 of 2 Remedial Actions: Remedial actions, if not already implemented, should be taken to correct any problem(s). The permittee or operator is required to submit comments regarding noncompliance on the relevant monthly discharge monitoring report (DMR). If the comments provided an adequate explanation for the subject violation, it is not necessary to submit any further response. However, if corrective actions taken were not provided on, the DMR or if you have additional comments or information concerning the violation(s), please submit them to Wanda Frazier of this office. Technical Assistance: The Asheville Regional Office has a Wastewater Treatment Plant Consultant available for technical assistance to wastewater treatment plants (WWTP) and collection systems with operational concerns. This service is free and non -regulatory to assist in the identification and correction of operational problems. This service can be utilized for optimization of the operation of WWTPs and collection systems. Should you have questions about this service, please contact Don Price at &28-296-4500 extension 4656. . Special Order By Consent: The Division of Water Quality may pursue enforcement actions for this and any additional violations. If the violations are of a continuing nature and not related to operation and / or maintenance problems, you may apply for a Special Order by Consent (SOC). To be eligible, you will be required to take corrective actions while implementing construction activities and pay a stipulated upfront civil penalty. You may contact Keith Haynes of this office for SOC additional information. If you should have any questions, please do not hesitate to contact me or Wanda Frazier in the Asheville Regional office at 828-296-4500. Sincerely, Roger C. Edwards, Regional Supervisor Surface Water Protection Section cc: James & James Env. Mgmt. Bob Guerra, Western NPDES Point Source Compliance / Enforcement DWQ Central Files .etl. i i 7l ffi fa•i,l° mile s. Michael F. Easley, Governor," aQ� iam G. Ross Jr., Secretary North Carolina Department wient and Natural Resources Coleen H. Sullins, Director Division of Water Quality October 31, 2007 CAROLYN F EDMUNDSON COUNTRY ACRES MOBILE HOME PARK 25 KEITH DR ARDEN, NC 28704 SUBJECT: Payment Acknowledgment Civil Penalty Assessment Country Acres MHP WWTP Permit Number: NCO066249 Case Number: LV-2007-0401 Henderson County . Dear Ms. Edmundson: This letter is to acknowledge receipt of check number 6501 in the amount of $558:57 received from you dated October 24, 2007. This payment satisfies in full the above civil assessment levied against the subject facility, and this case has been closed. Payment of this penalty in no way precludes future action. by this Division for .additional violations of the applicable Statutes, Regulations, or Permits. If you have any questions, please call Bob Guerra at 919-733-5083, Ext. 539. Sincerely, cc: Enforcement File #: LV-2007-0401 DWQrhevffl,-e1egion Office . Supervisor Central Files Noe Carolina �tura!!r� 1617 Mail Service Center Raleigh, NC27699-1617 (919) 733-7015 Customer Service 1 800 623-7748 co p .UJGiLllz' Michael F. Easley, Governor William-G. Ross Jr:, Secretary , ;,Morth;,Carolina Department of Environment.and Natural Resources Coleen H: Sullins, Director Division of Water Quality ..n. Asheville Regional Office SURFACE WATER PROTECTION SECTION October 12, - 2007 CERTIFIED MAIL, RETURN RECEIPT REQUESTED 7006 3450 0002 70641205 Ms. Carolyn F. Edmundson Country Acres Mobile Home Park 25 Keith Drive Arden, NC 28704 SUBJECT: Notice of Violation and Assessment of Civil Penalty for Violations of North Carolina General Statute (G.S.) 143-215.1(a)(6) and NPDES Permit NCO066249 Country Acres Mobile Home Park Case No. LV-2007-0401 Henderson County Dear Ms. Edmundson: I. This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $558.57 ($350.00 civil penalty + $208.57 enforcement costs) against Country Acres Mobile Home Park. This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report (DMR) submitted by Country Acres Mobile Home Park for the month of April 2007. This ' review has shown the subject facility to be in violation of the discharge limitations and/or monitoring requirements found in NPDES Permit NC006.6249. The. violations which occurred in April 2007 are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that Country; Acres Mobile Home. Park violated the terms, conditions or requirements of NPDES Permit NCO066249 and G.S. 143-215.1(a)(6) in the manner and extent shown in Attachment A. In accordance with the maximums established by G.S. 143-215.6A(a)(2), a civil penalty may be assessed against any - person who violates the terms, conditions or requirements of a permit required by G.S. 143- 215.1(a). Based upon the above findings of fact and conclusions of law, and in accordancewith authority provided by the Secretary.of the Department of Environment and Natural. Resources and the Director of the Division of Water Quality, I, Roger C. Edwards, Division of Water Quality Regional Supervisor for: the Asheville Region, hereby make ' the following civil penalty assessment against Country Acres. Mobile Home. Park:. ore NorthCarolina Aaturally North Carolina. Division of Water Quality 2090, U.S.. Highway 70 Swannanoa, NC 28778 Phone (828) 296-4500 Customer Service ww Internet: w.ncwaterouality.org FAX (828) 299-7043- 1.- 800 623-7748 I 1 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No. $250.00 NC0066249, by discharging waste water into the waters of the State in violation of the Permit Monthly Average limit for BIOCHEMICAL OXYGEN DEMAND. a $350.00 . TOTAL CIVIL PENALTY $208.57 Enforcement Costs $558.57 TOTAL AMOUNT DUE Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 14313- 282.1(b), which are: (1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation; (2) The duration and gravity of the violation; (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; (6) Whether the violation was committed willfully or intentionally; (7) The prior record of the violator in complying or failing to comply with programs over which, the Environmental Management Commission has regulatory authority;. and' (8) The cost to the State of the enforcement procedures. Within thirty days of receipt of this notice, you must do one of the following: 1. Submit payment of the penalty: Payment should be made directly to the order of the Department of Environment and Natural Resources (do not include waiver form). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). :Please submit payment to the attention of: Point Source Compliance / Enforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699 -1617 OR 2. Submit a written request for remission or mitigation including a detailed justification for such request: Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Because a remission request forecloses the option of an administrative hearing, such a request must be accompanied by a waiver of your right to an administrative- hearing and a stipulation and agreement that no factual or legal issues are in dispute. Please prepare a detailed statement that establishes why you believe the civil penalty should be remitted, and submit it to the Division of Water Quality at the address listed below. In determining whether a remission request will be approved, the following factors shall be considered: (1) whether one or more of the civil penalty assessment factors in NCGS 143B-282.1(b) was wrongfully applied to the detriment of the petitioner; (2) whether the violator promptly abated continuing environmental damage resulting from the violation; (3) whether the violation was inadvertent or a result of an accident; (4) whether the violator had been assessed civil penalties for any previous violations; or (5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Please note that all evidence presented in support of your request for remission must be submitted in writing. The Director of the Division of the Division of Water Quality will review your evidence and inform you of his decision.in the matter of your remission request. The response will provide details regarding the case status, directions for payment; and provision for -further appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty Remissions (Committee). Please be advised that the Committee cannot consider information that was not part of the original remission request considered by the. Director.. Therefore, it is very important that you prepare a complete and thorough statement in support of your request for remission. In order to request remission, you must complete and submit the enclosed "Request for Remission of Civil Penalties, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form within thirty (30) days of receipt of this notice. The Division of Water Quality also requests that you complete and submit the enclosed "Justification for Remission Request." Both forms should be submitted to the following address: Point Source Compliance / Enforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699 -1617 3. File'a petition for an administrative hearing with the Office of Administrative Hearings: If you wish to contest any statement in the attached assessment document you must file a petition for an administrative hearing. You may obtain the petition form from the Office of Administrative Hearings. You must file the petition with the Office of Administrative Hearings within thirty (30) days of receipt.of this hotice. A petition is considered filed when it is received in the Office of Administrative Hearings during normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for official state holidays. The original and one (1) copy of the petition must be filed with the Office of Administrative Hearings. The petition may be faxed - provided the original and one copy of the document is received in the Office of Administrative Hearings within five (5) business days following the faxed transmission. The mailing address for the Office of Administrative Hearings is: and Office of Administrative Hearings 6714 Mail Service Center Raleigh, North Carolina 27699-6714 Telephone (919) 733-2698 Facsimile: (919) 733-3478 Mail or hand -deliver a copy of the petition to General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh, North Carolina 27699-1601 Please indicate the case number (as found on page one of this letter) on the petition. Failure to exercise one of the options above within thirty (30) days of receipt of this letter, as. evidenced by an internal date/time received stamp (not a postmark), will result in this matter • JUSTIFICATION FOR REMISSION REQUEST DWQ Case Number:. LV-2007-0401 County: Henderson Assessed Party: Country Acres Mobile Horne Park Permit No.: N00066249 Amount Assessed: $558.57 Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of Facts"form to request remission of this civil penalty. You should attach any documents that you believe support your request and are necessary for the Director to consider in evaluating your request for remission. Please be aware that a request for remission is limited to consideration of the five factors' listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 143B; 282.1(c), remission of a civil penalty may be granted only when one or more of the following five factors applies. Please check each factor that you believe applies to your case and provide a detailed explanation, including copies of supporting documents, as to why the factor applies (attach additional pages as needed). , (a) one or more of the civil penalty assessment factors in N.C.G.S. 14313-282.1(b) were wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil penalty assessment. document); (b) the violator promptly abated continuing environmental damage resulting from the violation (i.e., explain the steps that you took to correct the violation and prevent future occurrences); (c) the violation was inadvertent or a result of an accident (i.e., explain why the violation was unavoidable or something you could not prevent or prepare for); (d) the violator had not been assessed civil penalties for any previous violations; (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions (i.e., explain how payment of the civil penalty will prevent you from performing the activities necessary to achieve compliance). EXPLANATION: being referred to the Attorney General's Office for collection of the penalty through a civil action. Please be advised that additional penalties may be assessed for violations that occur after the review period of this assessment. If you have any questions, please contact me or Wanda Frazier of the Water Quality staff of the Asheville Regional Office at 828-296-4500. Sincerely, Roger C. Edwards, Regional Supervisor Surface Water Protection Section Asheville Regional Office ATTACHMENTS cc: Bob Guerra, Western NPDES Compliance Enforcement Re`gional'-Supervisorw/=`atta`chme - , Enforcement File w/ attachments Central Files w/ attachments STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES COUNTY OF HENDERSON IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST } ADNIINSTRATIVE HEARING AND STIPULATION OF FACTS COUNTRY ACRES MOBILE HOME PARK } PERMIT NO. NCO066249 ) FILE NO. LV-2007-0401 Having been assessed civil penalties totaling $ 558.57 for violation(s) as set forth in the assessment document of the Division of Water Quality dated October 12, 2007, the undersigned, desiring to seek remission of the civil penalty, does hereby waive the right to an administrative hearing in the above -stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the director of the Division of Water Quality within thirty (30) days of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after (30) days from the receipt of the notice of assessment. This the day of , 20 SIGNATURE ADDRESS TELEPHONE ATTACHMENT A Country Acres Mobile Home Park CASE NUMBER: LV-2007-0401 PERMIT: NCO066249 FACILITY: Country Acres MHP WWTP COUNTY: Henderson REGION: Asheville Limit Violations MONITORING OUTFALL/ VIOLATION UNIT OF CALCULATED % OVER PENALTY REPORT PPI LOCATION PARAMETER DATE FREQUENCY MEASURE LIMIT VALUE LIMIT VIOLATION TYPE $100.00 4-2007 001 Effluent BOD 04/02/07 2 X month mg4 45 130 188.89 Daily Maximum Exceeded $250.00 4-2007 001 Effluent BOD 04/30/07 2 X month mgh 30 67.5 125.00 Monthly Average Exceeded DIVISION OF WATER QUALITY - CIVIL PENALTY ASSESSMENT (FILE) Violator: Country Acres Mobile Home Park County: Henderson Case Number: LV-2007-0401 ASSESSMENT FACTORS As required by G.S. 143-214.6A(c), in determining the amount of the penalty I considered the factors set out in G.S. 143B-282.1(b), which are: 1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation; The facility's daily maximum BOD concentration exceeded the permit limitation by 189% on April 2" d. The facility's monthly average BOD concentration exceeded the permit limitation by 125% in April 2007. 2) The duration and gravity of the violation; A high concentration of BOD which occurred on April 2�d was sufficiently high to cause the facility to violate its daily maximum limit of 45 mg/I and. monthly average limit of 30 mg/I. 3) The effect on ground or surface water quantity or quality or on air quality; Damage to the receiving stream was not quantified. 4) The cost of rectifying the damage; Unknown 5) The amount of money saved by noncompliance; None 6) Whether the violation was committed willfully or intentionally; The violations did not appear to be willful or intentional. 7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and During the period 02-29-2006 through 3-31-2007, the facility had one enforcement case for BOD daily maximum & monthly average permit limit violations. The facility was judged "compliant" during DWQ's compliance sampling inspection of November 7, 2006. 8) The cost to the State of the enforcement procedures. $208.57 0 i2 0-7 G D to Rog r C. Edwards, Regional Supervisor Surface Water Protection Section Asheville Regional Office � yay 5 2007 ; Ms. Wanda Frazier OCT ct. 3,2007 NCDENR-DWQ } Asheville Regional Office_ " $ WATER QUALITY SECTION 2090 U.S. Highway 70 ASHEVILLE REGIONAL OFFICE I Swannanoa, N.C. 28778 Dear Ms. Frazier, A BOD analysis taken the first week of October 2007 at Country Acres Mobile Home Park in Henderson County ( Permit# NCO066249 ) was out of compliance with permit limits. A load of solids was recently removed from the plant in September. Aeration time has been increased. The aeration tank has been seeded. The chlorination and dechlorination system equipment has been adjusted to accomplish adequate disinfection and dechlorination, but also to minimize BOD. If additional information is needed, please advise. / Sincerely, J.F. Edwards, ORC 64 Web Place Fletcher, N.C. 28732 684-8722 • A44-k Ms. Wanda Frazier April 23, 2007 NCDENR-DWQ Asheville Regional Office 2090 U.S. Highway 70 Swannanoa, N.C. 28778 Dear Ms. Frazier, A BOD analysis taken the first week of April 2007 at Country Acres Mobile Home Park in Henderson County (Permit# NC0066249) was out of compliance with permit limits. The BOD sample taken the following week was in compliance with permit limits. A load of solids were removed from the plant in April. Also, aeration time has been increased. The chlorination and dechlorination system dosages and equipment have been adjusted to accomplish adequate disinfection and dechlorination, but also to minimize BOD as well. If additional information or action is needed at this time, please advise. Sincerely J.F. Edwards, ORC 64 Web Place Fletcher, NC 28732 684-8722 FAP 5 2007 LAS�HE:V�ILLEREL�GIONAL QCTION I OFFICE E11 GINEE121MG,PLL Engineer's Certification V E DEC 2 0 2006 j WATER QUALITY SECTION"J' ASH EVILLE REGIONAL CF _ICE as a duly registered Professional Engineer in the State of North Carolina, having been authorized to observe (periodically/weekly/full tune) the construction of the modifications and improvements to the Country Acres MHP WWTP (permit # NC0066249) located on Keith Memorial Drive iTr Henderson County for Country Acres MHP, hereby state that, to the best of my abilities, due care and diligence was used in the observation of the following construction: Installation of a tablet dechlorination system pursuant to the fast tract application received on May 22, 2006, and in conformity with the minimum Design Criteria for Dechlorination Facilities. I certify that the construction of the above referenced project was observed to be built within substantial compliance and intent of the approved plans and specifications. Signature Registration No. Date / V1//) SEAL �C_ ✓j � 4sev.,sum- V �� dui°��;ta:lll►�`��, 17 ARLINGTON STREET m ASHEVILLE, NORTH CAROLINA 28801 0 (828) 232-4700 m FAx (828) 232-1331 ..9:iiDSiCw`0.?..:ic�i`IiF?1,:�ti;.lsitPi :.•ea,, a:....tt...+.,. ni; V-MW \j1JA]� ? ��jcha F. Eas1Goyernor �.� William. oss�Jr. Secretary North Carolina Department oP E'n i�oN°m hi`"and`fiJ6 Ural Resources P- Alan W. Klimek, P.E. Director > Division of Water Quality Asheville Regional Office SURFACE WATER PROTECTION SECTION November 17, 2006 Ms. Carolyn Edmundson Country Acres Mobile Home Park 25 Keith Drive Arden, NC 28704 SUBJECT: Compliance Sampling Inspection Status: Compliant Country Acres Mobile Home Park Permit No: NCO066249 Henderson County Dear Ms. Edmundson: Enclosed please find a copy of the Compliance Sampling Inspection form from the inspection conducted on November 7, 2006. The facility was found to be in compliance with permit NC0066249. Please refer to the enclosed inspection report for additional observations and comments. If you or your staff have any questions, please call me at 828-296-4500 extension 4667. Enclosure Sincerely, 1 ti✓, :411/ 4k Wanda P. Frazier Environmental Specialist cc: Fred Edwards, ORC (64 Web Place, Fletcher NC. 28732) Central Files Asheville_ Fil_es._ NorthCarolina Natirrall,m 2090 U.S. Highway 70, Swannanoa, NC 28778 Telephone: (828) 296-4500 Fax: (828) 299-7043 Customer Service 1 877 623-6748 United States Environmental Protection Agency Farm Approved. EPA Washington, D.C. 20460 OMB No. 2040-0057 Water Compliance Inspection Report Approval expires 8-31-98 Section A: National Data System Coding (i.e., PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 I NI 2' 151 31 NCO066249 111 121 06/11/07 117 181 �l 191 GI 201 1 LJ L= Remarks 211IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII6 Inspection Work Days Facility Self -Monitoring Evaluation Rating 131 QA ------ -------------------- Reserved -------- ------------ 67I 1.0 169 701 3 711 I 72I N I 73 [ I 174 751 I I I I I I] 80 u w Section B: Facility Data Name and Location of Facility Inspected (For Industrial Users discharging to POTW, also include Entry Time/Date Permit Effective Date POTW name and NPDES permit Number) 11:30 AM 06/11/07 05/12/01 Country Acres MHP WWTP Exit Time/Date Permit Expiration Date 25 Keith Dr Arden NC 28704 12:00 PM 06/11/07 10/11/30 Name(s) of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data J. Fred Edwards/ORC/828-890-2835/ Name, Address of Responsible Official/Title/Phone and Fax Number Contacted Carolyn F Edmundson,25 Keith Dr Arden NC 28704//828-891-3261/ No Section C: Areas Evaluated During Inspection (Check only those areas evaluated) Permit Operations & Maintenance E Records/Reports ® Self -Monitoring Program Facility Site Review ® Effluent/Receiving Waters Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s) and Signature(s) of Inspector(s) Agency/Office/Phone and Fax Numbers Date WanddaP Frazier ARO WQ//828-296-4500 Ext.4662/ A0 lv-) e y L ��/ ti �.._..✓ ., r Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date 0 EPA Form 3560-3 (Rev 9-94) Previous editions are obsolete. Page # 1 •. NPDES 3I NCO066249 I11 12 yr/mo/day Inspection Type 06/11/07 I17 . 18ISI (cont.) Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) A review of the files indicates that the last compliance evaluation inspection was conducted on 9-27-06 by Janet Cantwell. The permit expires on 11-30-2010, please request a permit renewal 6 months prior to expiration. The Annual Performance Report has been filed for the year and a- copy is maintained on -site. The aeration basin process control data was as follows on the day of the inspection. Dissolved Oxygen = 1.0 mg/I Tip: The ideal level for dissolved oxygen in the aeration basin is generally 1 to 3 mg/I. Seasonal changes in temperature require the adjustment of the aeration timer to achieve ideal dissolved oxygen levels. Temperature = 13.0 degrees Celcius Settleable Solids = 800 ml/I = 80% Tip: Using the settleability test, the return sludge pumping rate is usually set so that the flow rate is approximately equal to the percentage volumes occupied by the settleable solids from the aeration basin after settling for 30 minutes in a settleometer. For example, a settleability of 30% would generally indicate a recommended return sludge pumping rate of 30%. pH = 6.8 units The effluent data was as follows on the day of the inspection. Dissolved Oxygen = 1.0 mg/I Temperature = 13.0 degrees Celcius Chlorine = 0.7 mg/I pH = 6.7 units The following samples were taken during the inspection. The results are pending and will be forwarded if there are any problems. Effluent: Biochemical Oxygen Demand Total Suspended Solids Ammonia as Nitrogen Fecal Coliform On -site during the inspection was Fred Edwards, ORC. Page # 2 l 0. Permit: NCO066249 Inspection Date: 11/07/2006 Owner - Facility: Country Acres MHP WWTP Inspection Type: Compliance Sampling The log book was present on -site and had good notation of daily events. The effluent appeared to be clear, indicating compliance with permit limits. This facility appears to be well operated and maintained. The operator is doing a good job. The facility has installed dechlorination facilities in preparation for the June 1, 2007 deadline and implementation of a daily maximum limit of 28 ug/I for total residual chlorine. Page # 3 4_ Permit: NCO066249 . Owner - Facility: Country Acres MHP WWTP Inspection Date: 11/07/2006 Inspection Type: Compliance Sampling Permit Yes No NA NE (If the present permit expires in 6 months or less). Has the permittee submitted a new application? n n ■ Is the facility as described in the permit? ■ n n n # Are there any special conditions for the permit? n ■ n n Is access to the plant site restricted to the general public? ■ n n ❑ Is the inspector granted access to all areas for inspection? ■ ❑ Comment: Operations & Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? ■ ❑ [I 0 Does the facility analyze process control parameters, for ex: MLSS, MCRT, Settleable Solids, pH, DO, Sludge ■ ❑ n Judge, and other that are applicable? Comment: 9 Page # 4 Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina_Departmem u, �,�Aronment and Natural Resources P.E. Director SURFACE WATER PROTECTION October 10, 2006 Carolyn F. Edmundson Country Acres Mobile Home Park 25 Keith Drive Arden, North Carolina 28704 SUBJECT: Followup Compliance Evaluation Inspection Status: Compliant Country Acres MHP WWTP Permit No: NCO066249 Henderson County Dear Ms. Edmundson: Enclosed please find a copy of the Compliance Evaluation Inspection form from the inspection conducted on September 27, 2006. The facility appeared to . be in compliance with Permit # NC0066249. Mr. Edwards is doing a fine job of operating the facility. Please refer to the enclosed inspection report for additional observations and comments. If you or your staff have any questions, please call me at 828-296-4500. Sincerely, p�. Ja�t Cantwell Environmental Technician Enclosure 4wancc,cU@Y4sl ev,.ilile:Rr1e—sTL attattachment -� WQ Central Files, w/ attachment J. Fred Edwards, ORC, w/ attachment Noe Carolina Natumlly 2090 U.S. Highway 70, Swannanoa, NC 28778 Telephone: (828) 296-4500 Fax: (828) 299-7043 Customer Service 1 877 623-6748 United States Environmental Protection Agency EPA Washington, D.C. 20460 Form Approved. OMB No. 2040-0057 Water Compliance Inspection Report Approval expires 8-31-98 Section A: National Data System Coding (i.e., PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 I NI 2 1 Sl 31 NCO066249 l 11 121 06/09/27 117 18I CI 19l sl 20I-I Remarks 211111 1111 111111111111111111111111 1111 III I I I 111116 Inspection Work Days Facility Self -Monitoring Evaluation Rating B1 QA -----------------------Reserved-------------------- 671 169 70 J I 71 I 72 I N I 73 Iw I 174 751 1 1 1 I I I 180 Section B: Facility Data Name and Location of Facility Inspected (For Industrial Users discharging to POTW, also include POTW name and NPDES permit Number) Entry Time/Date Permit Effective Date Country Acres MHP WWTP 03:35 PM 06/09/27 05/12/01 Exit Time/Date Permit Expiration Date 25 Keith Dr Arden NC 28704 04:00 PM 06/09/27 10/11/30 Name(s) of Onsite Representative(s)/Tities(s)/Phone and Fax Number(s) Other Facility Data J. Fred Edwards/ORC/828-890-2835/ Name, Address of Responsible Official/Title/Phone and Fax Number Carolyn F Edmundson,25 Keith Dr Arden NC 28704//828-891-3261/ Contacted yes Section C: Areas Evaluated During Inspection (Check only those areas evaluated) Permit Operations & Maintenance 0 Records/Reports Self -Monitoring Program Facility Site Review Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s) and Signature(s) of Inspector(s) Agency/Office/Phone and Fax Numbers Date Janet Cantwell ARO WQ//828-296-4500 Ext.4667/ r f Signature f Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date c+�.--t�► I 1 a D �o - k EPA Form 3560-3 (Rev 9-94) Previous editions are obsolete. Page # 1 NPDES yr/mo/day Inspection Type 3I NCO066249 I11 121 06/09/27 117 18ICI Section D: Summary of Finding/Comments (Attach additional sheets gf narrative and checklists as necessary) Fred Edwards, ORC, was unable to be present at the time of inspection; however, he and I discussed the plant over cell phones. He stated that the dechlorination box was under construction at the time of inspection in readiness for the June 1, 2007, TRC (Total Residual Chlorine) limits. (On 10/3/06 Mr. Edwards left me a message that the dechlorination system has been completed.) Page # 2 Permit: NCO066249 Inspection Date: 09/27/2006 Owner - Facility: Country Acres MHP WffrP Inspection Type: Compliance Evaluation Permit Yes No NA NE (If the present permit expires in 6 months or less). Has the permittee submitted a new application? ❑ ❑ ■ ❑ Is the facility as described in the permit? ■ ❑ Q ❑ # Are there any special conditions for the permit? ❑ ❑ ■ [I Is access to the plant site restricted to the general public? ■ ❑ ❑ n Is the inspector granted access to all areas for inspection? ■ ❑ n n Comment: Operations & Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? ■ ❑ ❑ ❑ Does the facility analyze process control parameters, for ex: MLSS, MCRT, Settleable Solids, pH, DO, Sludge ■ ❑ ❑ ❑ Judge, and other that are applicable? Comment: Bar Screens Yes No NA NE Type of bar screen a.Manual ❑ b.Mechanical ❑ Are the bars adequately screening debris? ■ ❑ ❑ ❑ Is the screen free of excessive debris? ■ ❑ ❑ ❑ Is disposal of screening in compliance? ■ n n n Is the unit in good condition? ■ n n ❑ Comment: Aeration Basins Yes No NA NE Mode of operation Ext. Air Type of aeration system Diffused Is the basin free of dead spots? ■ n n ❑ Are surface aerators and mixers operational? n n ■ ❑ Are the diffusers operational? ■ ❑ ❑ ❑ Is the foam the proper color for the treatment process? ■ n n n Does the foam cover less than 25% of the basin's surface? ■ n n n Is the DO level acceptable? ❑ ❑ ❑ ■ Is the DO level acceptable?(1.0 to 3.0 mg/1) ❑ ❑ n ■ Page # 3 Permit: NC0066249 Owner - Facility: Country Acres MHP WWTP Inspection Date: 09/27/2006 Inspection Type: Compliance Evaluation Aeration Basins Yes No NA NE Comment: The basin was aerating at the time of inspection and the color was good. Secondary Clarifier Yes No NA NE Is the clarifier free of black and odorous wastewater? ■ ❑ ❑ ❑ Is the site free of excessive buildup of solids in center well of circular clarifier? n ❑ ■ ❑ Are weirs level? ■ n n n Is the site free of weir blockage? ■ n El 0 Is the site free of evidence of short-circuiting? ■ n n n Is scum removal adequate? ■ n n n Is the site free of excessive floating sludge? ■ n n n Is the drive unit operational? ❑ ❑ ■ Is the return rate acceptable (low turbulence)? ■ n n n Is the overflow clear of excessive solids/pin floc? ■ ❑ ❑ ❑ Is the sludge blanket level acceptable? (Approximately %4 of the sidewall depth) n n n ■ Comment: Disinfection -Tablet Yes No NA NE Are tablet chlorinators operational? ■ n 00 Are the tablets the proper size and type? ■ ❑ 11 Number of tubes in use? 2 Is the level of chlorine residual acceptable? ❑ ❑ ❑ ■ Is the contact chamber free of growth, or sludge buildup? ■ n n n Is there chlorine residual prior to de -chlorination? n n n ■ Comment: Page # 4 \NArL- Michael F. Easley, Governor Of William G. Ross Jr., Secretary North Carolina Department ivironment and Natural Resources 0 CO Alan W. Klimek, P.E. Director 7 Division of Water Quality October 11, 2006 Carolyn F. Edinundson Country Acres Mobile Home Park 25 Keith Dr. Arden, NC 28704 SUBJECT: Payment Acknowledgment Civil Penalty Assessment Country Acres MHP WWTP Permit Number: NCO066249 Case Number: LV-2006-0136- Henderson County Dear Ms. Edmundson: This letter is to acknowledge receipt of, check number 6210 in the amount of $ 1,000-00 received from you dated 06tober 5, 2006. This payment satisfies in fall the above civil assessment levied against the subject facility, and this case has been closed. Payment of this penalty in no way precludes future action by this Division for additional violations of the applicable Statutes, Regulations, or Permits. If you have any questions, please call Bob Guerra at 919-733-50.83 Ext. 539. Sincerely, Carolyn BrIyy z�e—S cc: Ae. &vl -R69q6n' ervisor, Central Files r.0 C 1 2 2006 OffiCarolina Naturully 1617 Mail Service Center Raleigh, NC 27699-1617 (9.19) 733-7015 Customer Service. 1 800 623-7748 . � F MEMO TO THE FILE RE: courrrst• DATE: FROM: -- NC DIVISION OF WATER QUALITY -WATER QUALM SECTION 0 J �OF W A TFQ Michael F. Easley, Governor William G. Ross Jr, Secretary North Carolina Department of Environment aqd Natural Resources yD isi of to t September 18, 2006 S E P ; 2- . 0 2006 _ WATER _QUALITY. SECTION CERTIFIEDZVIAII= 70�3 0500 -GOOD68-124-3-6Z57 ASHEVILLE REGIONAL OFFICE RETURN RECEIPT REQUESTED Ms.. Carolyn F. Edmundson Country Acres Mobile Home Park 25 Keith Memorial Drive Arden, NC 28704 Subject: Remission Request of Civil Penalty Assessment, NPDES Permit Number NCO066249 Country Acres Mobile Home Park WWTP Henderson County Case Number LV-2006-0136 Dear Ms. Edmundson: = I have considered the information submitted in support of your request for remission in accordance with North Carolina General Statute (N.GG.S.) § 143-215.6A(f) and have found no grounds to modify the civil penalty assessment in the amount of $1,000.00. If you choose to pay the penalty, send payment to me at the letterhead address within thirty (30) days of receipt of this letter. Please make your check payable to the Department of Environment and Natural Resources (DENR). If payment is not received within thirty (30) days of receipt of this letter, in accordance with N.C.G.S.. § 143-215.6A(f), your request for remission of the civil penalty (with supporting documents) and my recommendation to deny the request (with supporting documentation) will be delivered to the North Carolina Environmental Management Commission's (EMC) Committee On Civil Penalty Remissions (Committee) for final agency decision. If you desire to make an oral presentation to the Committee on why your request for -remission meets one or more of the five statutory factors you were asked to address, you must complete and return the attached form within thirty (30) days of receipt of this letter. Please mail the completed form to the attention of Bob Guerra at the following address: Point Source Branch Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 NoAhCarolina Naturally North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone (919) 733-7015 Customer�Service Internet: www.ncwaterqualit} ore Location: 512 N. Salisbury St. Raleigh, NC 27604 Fax (919) 733 2496 1-817-623-6748- - An Equal Opportuniwitirmative Action Employer - 50% Recycled110% Post Consumer Paper Country Acres Mobile Home F LV-2006-0136 Remission Result p•2 Your requesUfor- an oral presentation and the documents in this matter will be reviewed by the EMC Chairman and, if it is determined that there is a compelling reason to require an oral presentation from you, you will be notified by certified mail of the date, time, and placethatyour oral presentation can be made.- --Otherwise, the final decision on your request for remission will be made by the Committee based ori'the written record. Thank you for your cooperation in this matter. If you have any questions about this letter, please contact Bob Guerra at (919) 733-5083, extension 539. Sincerely, s 91z- Alan W. Klimek, P.E. attachment cc: TVFMl1 lie nal M Enforcement file Central Files �NATFA ® �; Y ��"' May 25, 2006 Carolyn F. Edmundson Country Acres MHP WWTP 25 Keith Drive Arden, NC 28704 Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina,Department of Environment and Natural Resources 1la W. lim , F. irector 11 tel u8lity MAY 2 5 2006 1 WATER QUALITY SECTION ASHEVILLE REGIONAL OFFICE SUBJECT: Authorization to Construct A to C No. 066249A02 Country Acres TV1HP WWTP Dechlorination Facilities Henderson County Dear Ms. Edmundson: A fast track application for Authorization to Construct dechlorination facilities was received on May 22, 2006, by the Division. Authorization is hereby granted for the construction of modifications to the existing Country Acres MHP WWTP, with discharge of treated wastewater into McDowell Creek in the French Broad River Basin. This authorization results in no increase in design or permitted capacity and is awarded for the construction of the following specific modifications: Installation of a tablet dechlorination system pursuant to the fast track application received on May 22, 2006, and in conformity with the Minimum Design Criteria for Dechlorination Facilities. This Authorization to Construct is issued in accordance with Part III, Paragraph A of NPDES Permit No. NCO066249 issued November 14, 2005, and shall be subject to revocation unless the wastewater treatment facilities are constructed in accordance with the conditions and limitations specified in Permit No. NC0066249. In the event that the facilities fail to perform satisfactorily, including the creation of nuisance conditions, the Permittee shall take immediate corrective action, including those as may be required by this Division, such as the construction of additional or replacement wastewater treatment or disposal facilities. The Asheville Regional Office, telephone number (828) 296-4500, shall be notified at least forty-eight (48) hours in advance of operation of the installed facilities so that an on site No ehCarolina Naturra!!f/ North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone (919) 733-7015 Customer Service Intemet: h2o.enrstate.nc.us 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 Ms. Carolyn F. Edmundson May 25, 2006 Page 2 inspection can be made. Such notification to the regional supervisor shall be made during the normal office hours from 8:00 a.m. until 5:00 p.m. on Monday through Friday, excluding State Holidays. Pursuant to 15A NCAC 2H .0140, upon completion of construction and prior to operation of these permitted facilities, the completed Engineering Certification form attached to this permit shall be submitted to the address provided on the form. Upon classification of the facility by the Certification Commission, the Permittee shall employ a certified wastewater treatment plant operator to be in responsible charge (ORC) of the wastewater treatment facilities. The operator must hold a certificate of the type and grade at least equivalent to or greater than the classification assigned to the wastewater treatment facilities by the Certification Commission. The Permittee must also employ a certified back-up operator of the appropriate type and grade to comply with the conditions of T15A:8G.0202. The ORC of the facility must visit each Class I facility at least weekly and each Class II, III and IV facility at least daily, excluding weekends and holidays, must properly manage the facility, must document daily operation and maintenance of the facility, and must comply with all other conditions of T15A:8G.0202. A copy of the approved plans and specifications shall be maintained on file by the Permittee for the life of the facility. During the construction of the proposed additionshnodifications, the permittee shall continue to properly maintain and operate the existing wastewater treatment facilities at all times, and in such a manner, as necessary to comply with the effluent limits specified in the NPDES Permit. You are reminded that it is mandatory for the project to be constructed in accordance with the North Carolina Sedimentation Pollution Control Act, and, when applicable, the North Carolina Dam Safety Act. In addition, the specifications must clearly state what the contractor's responsibilities shall be in complying with these Acts. Failure to abide by the requirements contained in this Authorization to Construct may subject the Permittee to an enforcement action by the Division of Water Quality in accordance with North Carolina General Statute 143-215.6A to 143-215.6C. The issuance of this Authorization to Construct does not preclude the Permittee from complying with any and all statutes, rules, regulations, or ordinances which may be imposed by other government agencies (local, state, and federal) which have jurisdiction. 7 E Ms. Carolyn F. Edmundsoi. May 25, 2006 Page 3 -If you have any questions or need additional information, please do not hesitate to contact Cecil G. Madden, Jr., P.E. at telephone number (919) 715-6203. Sincerely, f A Alan . Klimek, P.E. M1VI/cgm cc: J. Thurman Horne, P.E. - Horizon Engineering & Consulting, Inc. Henderson County Health Department Technical Assistance and Certification Unit Daniel Blaisdell, P.E. Point Source Branch, NPDES Program Cecil G. Madden, Jr., P.E. Michelle McKay AtoCFile o�CF W ATFRQ� North Carolina Department Michael F. Easley, Governor William G. Ross Jr., Secretary tironment and Natural Resources SURFACE WATER PROTECTION Carolyn F. Edmundson Country Acres Mobile Home Park 25 Keith Memorial Drive Arden, North Carolina 28704 Dear Ms. Edmundson: June 2, 2006 Alan W. Klimek, P.E. Director Division of Water Quality Asheville Regional Office SUBJECT: Compliance Evaluation Inspection Status: Compliant Country Acres MHP Wastewater Treatment Plant Permit No: NCO066249 Henderson County Enclosed please find a copy of the Compliance Evaluation Inspection form from the inspection conducted on May 19, 2006. The facility appeared to be in compliance with Permit # NC0066249. Please refer to the enclosed inspection report for additional observations and comments. If you or your staff have any questions, please call me at 828-296-4500, Ext. 4667. Sincerely, Janet Cantwell Environmental Technician Enclosure "C,CAs.heui{de ''Fi'les; w/-attachment- Central, Files, w/ attachment Fred Edwards/ORC, w/ attachment NorthCarolina 2090 U.S. Highway 70, Swannanoa, NC 28778 Telephone: (828) 296-4500 Fax: (828) 299-7043 Customer Service 1 877 623-6748 C C United States Environmental Protection Agency EPA/� Washington, D.C. 20460 Form Approved. OMB No. 2040-0057 Water Compliance Inspection Report Approval expires 8-31-98 Section A: National Data System Coding (i.e., PCS) Transaction Code NPDES ydmo/day Inspection Type Inspector Fac Type 1 I NI 2 15I 31 NCO066249 Ill 121 06/05/19 117 181 CI 191 SI 20I II Remarks 211IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII6 Inspection Work Days Facility Self -Monitoring Evaluation Rating B1 QA --------------------------- Reserved------------------ 671 169 701 I 711 I 721 I 73 IWI 174 751 I I I I I I 180 Section B: Facility Data Name and Location of Facility Inspected (For Industrial Users discharging to POTW, also include Entry Time/Date Permit Effective Date POTW name and NPDES permit Number) Country Acres MHP WWTP 09:20 AM 06/05/19 05/12/01 Exit Time/Date Permit Expiration Date 25 Keith Dr Arden NC 28704 09:40 AM 06/05/19 10/11/30 Name(s) of Onsite Re presentative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data J. Fred Edwards/ORC/826-890-2835/ Name, Address of Responsible Official/Title/Phone and Fax Number Carolyn F Edmundson,25 Keith Dr Arden NC 28704//828-891-3261/ ContactedNo Section C: Areas Evaluated During Inspection (Check only those areas evaluated) Permit Operations & Maintenance N Records/Reports Self -Monitoring Program Facility Site Review Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s) and Signature(s) of Inspector(s) Agency/Office/Phone and Fax Numbers Date Janet Cantwell / ARO WQ//828-296-4500 Ext.4667/ Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date y �j - 1 EPA Form 3560-3 (Rev 9-94) Previous editions are obsolete. Page # 1 NPDES yr/mo/day Inspection Type NCO066249 I11 12I 06/05/19 I17 18ICI Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) Fred Edwards/ORC assisted in the inspection of the facility. The permit became effective December 1, 2005. The facility is well -maintained and operated. All records and reports were on site and available. Screenings are disposed at the landfill. Blowers were tested during the inspection and were operable. The audible alarm was tested during the inspection and was operable. Total Residual Chlorine (TRC) becomes effective June 1, 2007. The effluent was clear. Page # 2 Permit: NCO066249 Owner - Facility: Country Acres MHP WWTP Inspection Date: 05/19/2006 Inspection Type: Compliance Evaluation Permit Yes No NA NE (If the present permit expires in 6 months or less). Has the permittee submitted a new application? ❑ Cl ■ ❑ Is the facility as described in the permit? ■ Cl ❑ ❑ # 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: Permit became effective December 1, 2005. Operations & Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? ■ ❑ ❑ ❑ Does the facility analyze process control parameters, for ex: MLSS, MCRT, Settleable Solids, pH, DO, Sludge ■ ❑ ❑ ❑ Judge, and other that are applicable? Comment: The facility is well -maintained and operated. Record -Keeping Yes No NA NE Are records kept and maintained as required by the permit? ■ ❑ ❑ ❑ Is all required information readily available, complete and current? ■ ❑ ❑ Cl Are all records maintained for 3 years (lab. reg. required 5 years)? ■ ❑ ❑ ❑ Are analytical results consistent with data reported on DMRs? ❑ ❑ ❑ ■ Is the chain -of -custody complete? ❑ ❑ ❑ ■ Dates, times and location of sampling ❑ Name of individual performing the sampling ❑ Results of analysis and calibration ❑ Dates of analysis ❑ Name of person performing analyses ❑ Transported COCs ❑ Are DMRs complete: do they include all permit parameters? ■ ❑ ❑ ❑ Has the facility submitted its annual compliance report to users and DWQ? ■ ❑ ❑ ❑ (If the facility is = or > 5 MGD permitted flow) Do they operate 24/7 with a certified operator on each shift? ❑ ❑ ■ ❑ Is the ORC visitation log available and current? ■ ❑ ❑ ❑ Is the ORC certified at grade equal to or higher than the facility classification? ■ ❑ ❑ ❑ Is the backup operator certified at one grade less or greater than the facility classification? ■ ❑ ❑ ❑ Page # 3 ti Permit: NC0066249 Inspection Date: 05/1912006 Owner - Facility: Country Acres MHP WwrP Inspection Type: Compliance Evaluation Record Keeping Is a copy of the current NPDES permit available on site? Facility has copy of previous year's Annual Report on file for review? Comment: All records and reports were on site and available. Bar Screens Type of bar screen a.Manual b.Mechanical Are the bars adequately screening debris? Is the screen free of excessive debris? Is disposal of screening in compliance? Is the unit in good condition? Comment: Screenings are disposed at the landfill. Aeration Basins Mode of operation Type of aeration system Is the basin free of dead spots? Are surface aerators and mixers operational? Are the diffusers operational? Is the foam the proper color for the treatment process? Does the foam cover less than 25% of the basin's surface? Is the DO level acceptable? Is the DO level acceptable?(1.0 to 3.0 mg/1) Comment: Blowers were tested during the inspection and were operable. Secondary Clarifier Is the clarifier free of black and odorous wastewater? Is the site free of excessive buildup of solids in center well of circular clarifier? Are weirs level? Is the site free of weir blockage? Yes No NA NE ■nnn ■nnn ■ Ext. Air Diffused ■nnn ■nnn ■nnn nnn■ nnn■ Yes No NA NE Page # 4 Permit: NCO066249 Owner - Facility: Country Acres MHP WWTP Inspection Date: 05/19/2006 Inspection Type: Compliance Evaluation Secondary Clarifier Yes No NA NE Is the site free of evidence of short-circuiting? ■ ❑ ❑ ❑ Is scum removal adequate? ■ ❑ ❑ ❑ Is the site free of excessive floating sludge? ■ ❑ ❑ ❑ Is the drive unit operational? ❑ ❑ ■ ❑ Is the return rate acceptable (low turbulence)? ■ ❑ ❑ ❑ Is the overflow clear of excessive solids/pin floc? ■ ❑ ❑ ❑ Is the sludge blanket level acceptable? (Approximately % of the sidewall depth) ■ ❑ ❑ ❑ Comment: Disinfection -Tablet Yes No NA NE Are tablet chlorinators operational? ■ ❑ ❑ ❑ Are the tablets the proper size and type? ■ ri ❑ ❑ Number of tubes in use? 1 Is the level of chlorine residual acceptable? ❑ ❑ ❑ ■ 'Is the contact chamber free of growth, or sludge buildup? ■ ❑ ❑ ❑ Is there chlorine residual prior to de -chlorination? n ❑ ■ fl Comment: Total Residual Chlorine (TRC) becomes effective June 1, 2007. The effluent was clear. Page # 5 ki icha F. E ley, Gov E- ' Secretary- ` D U r North Carolina Department of Environment and Natural Resource's �i -1 Q Y Alan W. Klimek, P.E. Director y �s^ Division of Water Quality SURFACE WATER PROTECTION SECTION May 16, 2006 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7005 0390 00013552,9531 Ms. Carolyn F Edmundson Country Acres Mobile Home Park 25 Keith Drive Arden, NC 28704 SUBJECT: Notice of Violation and Assessment of Civil Penalty for Violations of North Carolina General Statute (G.S.) 143-215.1(a)(6) and NPDES Permit NCO066249 Country Acres Mobile Home Park Country Acres MHP WWTP Case No. LV-2006-0136 Henderson County Dear Ms. Edmundson: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $1,000.00 ($900.00 civil penalty + $100.00 enforcement costs) against Country Acres Mobile Home Park. This assessment is based upon the -following facts: a review has been conducted of the discharge monitoring reports (DMRs) submitted by Country Acres Mobile Home Park for the months of February and March 2006. This review has shown the subjectfacility to be in violation of the discharge limitations and/or monitoring requirements found in NPDES Permit NC0066249. The violations which occurred in February and March 2006 are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that Country Acres Mobile Home Park violated the terms, conditions or requirements of NPDES Permit NCO066249 and G.S. 143-215.1(a)(6) in the manner and extent shown in Attachment A. In accordance with the maximums established by G.S. 143- 215.6A(a)(2), a civil penalty may be assessed against any person who violates the terms, conditions or requirements of a permit required by G.S. 143-215.1(a). Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Quality, I, Roger C Edwards, Division of Water Quality Regional Supervisor for the Asheville Region, hereby make the following civil penalty assessment against Country Acres Mobile Home Park: Noe Carolina Nturally North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, NC 28778 Phone (828) 296-4500 Customer Service Internet: www.ncwaterquality.org FAX (828) 299-7043 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper Ms. Carolyn F Edmundson Country Acres Mobile Home Park May 16, 2006 4 of the 4 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.NC0066249, 400.00 by discharging wastewater into the waters of the State in violations of the Permit Daily Maximum limit for Biochemical Oxygen Demand. 2 of the 2 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.NC0066249, 500.00 by discharging wastewater into the waters of the State in violations of the Permit Monthly Average limit for Biochemical Oxygen Demand. 900.00 TOTAL CIVIL PENALTY 100.00 Enforcement Costs 1 000.00 TOTAL AMOUNT DUE Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 14313-282.1(b), which are: (1) The degree and extent of harm to the natural resources of the State, to.the public health, or to private property resulting from the violation; (2) The duration and gravity of the violation; (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; (6) Whether the violation was committed willfully or intentionally; (7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and (8) The cost to the State of the enforcement procedures. Within thirty days of receipt of this notice, you must do one of the following: 1. Submit payment of the penalty: Payment should be made directly to the order of the Department of Environment and Natural Resources (do not include waiver form). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). Please submit payment to the attention of: Point Source Compliance/Enforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 ME 2. Submit a written request for remission or mitigation including a detailed justification for such request: Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the'accuracy of any of the factual statements contained in the civil penalty assessment document. Because a remission request forecloses the option of an administrative hearing, such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation and agreement that no factual or legal issues are in dispute. Please prepare a detailed statement that establishes why you believe the civil penalty should be remitted, and submit it to the Division of Water Quality at the address listed below. In determining whether a remission request will be approved, the following factors shall be considered: (1) whether one or more of the civil penalty assessment factors in NCGS 14313-282.1(b) was wrongfully applied to the detriment of the petitioner; ; (2) whether the violator promptly abated continuing environmental damage resulting from the violation; (3) whether the violation was inadvertent or a result of an accident; (4) whether the violator had been assessed civil penalties for any; previous',violations; or (5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Please note that all evidence presented in support of your request for remission must be submitted in writing. The Director of the Division of the Division of Water Quality will review your evidence and inform you of his decision in the matter of your remission request. The response -will provide details regarding the case status, directions for payment, and provision for further appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty Remissions (Committee). Please be advised that the Committee cannot consider information that was not part of the original remission request considered by the Director.. Therefore, it is very important that you prepare a complete and thorough statement in support of your request for remission. In order to request remission, you must complete and submit the enclosed "Request for Remission of Civil Penalties, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form within thirty (30) days of receipt of this notice. The Division of Water Quality also requests that you complete and submit the enclosed "Justification for Remission Request." Both forms should be submitted to the following address: Point Source Compliance/Enforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 OR. 3. File a petition for an administrative hearing with the. Office of Administrative Hearings: If you wish to contest any statement in the attached assessment document you must file a petition for an administrative hearing. You may obtain the petition form from the Office of Administrative Hearings. You must file the petition with the Office of Administrative Hearings within thirty (30) days of receipt -of this notice. A petition is considered filed when it is received. in the Office of Administrative Hearings during normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for official state holidays. The original and one (1) copy of the petition must be filed with the Office of Administrative Hearings. The petition may be faxed - provided the original and one copy of the document is received in the Office of Administrative Hearings within five (5) business days following the faxed transmission. The mailing address for the Office of Administrative Hearings is: Office of Administrative Hearings 6714 Mail Service Center Raleigh, North Carolina 27699-6714 Telephone (919) 733-2698 Facsimile: (919) 733-3478 and Mail or hand -deliver a copy of the petition to General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh, North Carolina 27699-1601 Please indicate the case number (as found on page one of this letter) on the petition. Failure to exercise one of the options above within thirty (30) days of receipt of this letter, as evidenced by an internal date/time received stamp (not a postmark), will result in this matter being referred to the Attorney General's Office for collection of the penalty through a civil action. Please be advised that additional penalties may be assessed for violations that occur after the review period of this assessment. If you have any questions, please contact Wanda Frazier of the Asheville Regional Office at 828-296- 4500 extension 4662. Sincerely, Roger C. Edwards, Regional Supervisor - Surface Water Protection Section Asheville Regional Office ATTACHMENTS cc: Roger Edwards, Regional Supervisor — Enforcement file - w/ attachments Bob Guerra — Point Source Compliance Enforcement - w/ attachments Central Files - w/ attachments .JUSTIFICATION FOR REMISSION REQUEST DWQ Case Number: LV-2006-0136 County: Henderson Assessed Party: Country Acres Mobile Home Park Permit No. (if applicable): NC0066249 Amount Assessed: $1,000.00 Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of Facts"form to request remission of this civil penalty. You should attach any documents that you believe support your request and 'are necessary for the Director to consider in evaluating your request for remission. Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Pursuant.to N.C.G.S. § 14313- 282.1(c), remission of a civil penalty may be granted only when one or more of the following five factors applies. Please check each factor that you believe applies to your case and provide a detailed explanation, including copies of supporting documents, as to why the factor applies (attach additional pages as needed). (a) one or more of the civil penalty assessment factors in N.C.G.S. 14313-282.1(b) were wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil penalty assessment document); (b) the violator promptly abated continuing environmental damage resulting from the violation (i.e., explain the steps that you took to correct the violation and prevent future occurrences); (c) the violation was inadvertent or a result of an accident (i.e., explain why the violation was unavoidable or something you could.not prevent or prepare for); (d) the violator had not been assessed civil penalties for any previous violations; (e) . payment of the civil penalty will prevent payment for the remaining' necessary remedial actions (i. e., explain how payment of the civil penalty will prevent you from performing the activities necessary to achieve compliance). EXPLANATION: STATE OF NORTH CAROLINA COUNTY OF HENDERSON IN THE MATTER OF ASSESSMENT ) OF CIVIL PENALTIES AGAINST ) COUNTRY ACRES MOBILE HOME PARK WWTP ) PERMIT NO. NC0066249 ) DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES WAIVER OF RIGHT TO AN ADMINSTRATIVE HEARING AND STIPULATION OF FACTS FILE NO. ' LV-2006-0136 Having been assessed civil penalties totaling $1,000.00 for violation(s) as set forth in the assess- ment document of the Division of Water Quality dated May 16, 2006, the undersigned, desiring to seek remission of the civil penalty, does hereby waive the right to an administrative hearing in the above - stated matter and does stipulate that the facts are as -alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the director of the Division of Water Quality within thirty (30) days of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after (30) days from the receipt of the notice of assessment. This the day of 7 20 SIGNATURE ADDRESS TELEPHONE ATTACHMENT A Country Acres Mobile Home Park ' CASE NUMBER: LV-2006-0136 PERMIT: NCO066249 FACILITY: Country Acres MHP WWTP COUNTY: Henderson REGION: Asheville Limit Violations MONITORING OUTFALU VIOLATION UNIT OF CALCULATED % OVER PENALTY REPORT PPI LOCATION PARAMETER DATE FREQUENCY MEASURE LIMIT VALUE LIMIT VIOLATION TYPE $100.00 2-2006 001 Effluent BOD 02/08/06 2 X month mgA 45 97 115.56 Daily Maximum Exceeded $250.00 2-2006 001 Effluent BOD 02/28/06 2 X month mgA 30 49.67 65.56 Monthly Average Exceeded $100.00 3-2006 001 Effluent BOD 03/01/06 2 X month mgA 45 96 113.33 Daily Maximum Exceeded f $100.00 3-2006 001 Effluent BOD 03/16/06 2 X month mgA 45 67 48.89 Daily Maximum Exceeded $100.00 3-2006 001 Effluent BOD 03/17/06 2 X month mgA 45 71 57.78 Daily Maximum Exceeded• $250.00 3-2006 001 Effluent BOD 03/31/06 2 X month mgA 30 42.78 42.59 Monthly Average Exceeded so M Ms. Wanda Frazier 3/14/06 NCDENR-DWQ Asheville Regional Office 2090 U.S. Highway 70 Swannanoa, NC 28778 Dear Ms. Frazier, Country Acres Mobile Home Park in Henderson County ( Permit# NC0066249) experienced a wastewater plant upset in mid February and the BOD exceeded permit requirements. The likely cause was a strong disinfectant discharged from one of the homes. The BOD again has exceeded permit requirements in March. The activated sludge quality and quantity has been improving but the plant was again seeded to get the treatment process back to normal. Aeration time and rate was increased in February and is continuing. Additionally, it is suspected that part of the increased BOD is due to dechlorinating the BOD sample in the laboratory as required. The chlorinator has been dismantled, adjusted, and reinstalled to provide a more uniform residual. Extra BOD samples are being collected and analyzed. If additional action or information is needed at this time, please advise. Copy: Carolyn Edmundson Sincerely, J.F. Edwards, ORC 64 Web Place. Fletcher, NC 28732 684-8722 �D E i M�IR 1 6 2006 i WATER QUALITY SECTION iHEVILLE REGIONAL OFFICE Mr. Roy Davis NCDENR-DWQ Asheville Regional Office 2090 U.S. Highway 70 Swannanoa, NC 28778 Dear Mr. Davis, n FEB 2 4 2006 WATER C'UALI T `( SECT;0N ASHEVILLE RE ateNAL OFFICE 2/21/06 Country Acres Mobile Home Park in Henderson County (Permit# NC0066249) experienced a wastewater plant upset this month and the BOD exceeded permit conditions. The likely cause was a strong disinfectant discharged from one of the homes. Per permit requirements, your office was called within 24 hours and this letter sent within 5 days.The plant has been seeded. Aeration time and rate has been increased and the plant performance is returning to compliant conditions. If additional information or action is needed at this time, please advise. Sincerely, J.F. Edwards 64 Web Place Fletcher, NC 28732 684-8722 Copy: Carolyn Edmundson Flerf®rmanee Annual Report Z General Inforn ,it-,jn Facility/System Nai'na Responsible Entity Person in Charge/COTil ct: Applicable Permit(s1 IV 0 Description of Colley pqn System or Treatment Process: 19 If. Performance +. F Text Summary of Sy�tei 1 Performance for Calendar Year o? DO�l List (by month) any vi�ons of permit conditions or other environmental regulations. Monthly lists should include di;�`c rusion of any environmental impacts and corrective measures taken to address violations. January i�`/f- �I MAY 2 4 2005 WATER QUALITY SECTION ASHEVILLE REGIONAL OFFICE MAY 202005 &.� February Etc. M. Notification State how this report has been made available to users or customers Of system and how those users have been notified of its availability. 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 ti' the users or customers of the named system and that those users have been notified of its availa:liliA.y. Responsi e.Person Date Title�tQ� Entity r><� Fdm1, „c "0 h Ms. Carolyn F. Edrrr�tson Country Acres Mobile Home Park 25 Keith Memorial Drive A�en, North Carolina 2A�04 v2Y 8 751 Dear Ms. Edmunson: 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 November 14, 2005 I II� _ I %' f NOV 1 7 LJt, 1 Imo` I LWATER L`UALITY S7C.TION SIaEVILL� REGIONAL O-rICE Subject: Issuance -of NPDES Permit NCO066249 Country Acres Mobile Home Park WWTP Henderson County Division personnel have reviewed and approved your application for ienewal 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 September 14, 2005. This permit includes a TRC limit that will take effect on June 1, 2007. If you wish to install dechlorination equipment, the Division has promulgated a simplified approval process for such projects. Guidance for approval of dechlorination projects may be viewed online at http://www.nccgl.net/news/ATCoverview.htmI. '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 . Karen Rust at telephone number (919) 733-5083, extension 361. Sincerely, /� kI - h k>!r . Alan W. Klimek, P.E. cc: Central Files Asheville Regional Office/_Surface Water Protection Secfion NPDES Files No�rthCarolma Aatumllff N. C. Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Phone: (919) 733-7015 Customer Service Internet: httpJ/h2o.enr:state.nc.us 512 N. Salisbury St. Raleigh, NC 27604 Fax: (919) 73370719 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer Permit NC0066?p 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, Ms. Carolyn F. Edmunson is hereby authorized to discharge wastewater from a facility located at the Country Acres Mobile Home Park 25 Keith Memorial Drive Northwest of Mills River Henderson County to receiving waters designated as McDowell Creek in the French Broad River Basin in accordance with effluent limitations, monitoring requirements, and other conditions set forth in Parts I, II, III and IV hereof. This permit shall become effective December 1, 2005. This permit and authorization to discharge shall expire at midnight on November 30, 2010. Signed this day November 14, 2005. VAlan W. Klimek, P. E., birector Division of Water Quality By Authority of the Environmental Management Commission • Permit N60066249 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. Ms. Carolyn F. Edmundson is hereby authorized to: 1. Continue to operate an existing 0.006 MGD extended aeration wastewater treatment system with the following components: Aeration ♦ Clarification ♦ Sludge and skimmer return ♦ 1000 gallon septic tank for sludge holding ♦ Tablet chlorinator ♦ Chlorine contact chamber ♦ V-notch weir ♦ Effluent pump station Force main The facility is located Northwest of Mills River at Country Acres Mobile Home Park at 25 Keith Memorial Drive in Henderson County. 2. Discharge from said treatment. works at the location specified on,the attached map into McDowell Creek, classified'C waters in the French. Broad River Basin. r �. 10 Discharge Location •�,\ t� l oo .lieth t II. � o .�.F nnllg-& N\ 5i•\ U. n I I• � dF ti 1 "- • 11 �. If • • � Ij jj �- �f e \ V) • 11 11� ___ °On A�L •�.J y 11 n ry — � 1 � �IA \ ffffl, (eV1 IQ a� Mid o ell o !I fl t o „ 1r - ` _ I I Facility Information 35°25'10" Sub -Basin: 04-03-02 de: 82035'30" ame. Skyland Class: C ne Stream: McDowell Creek 1 D _ ° 41 (� +ten • ad_✓ 1\ jl 00 !r —mil `-� 1'� . rl' .• , � rr`� 1 ; 1 349 A — • £FFRESS -� r r ° .:I;, Facility 1� Location` �x r� Country Acres Mobile Home Park N=rth NC0066249 Henderson County Permit NCO066249 A. (1.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS — FINAL 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 tx. MONITORING REQUIREMENTS F,r 'tia Ap'Xa:t�.y"#4fv:Ff,f: ffir CHARACTERISTICS "4•y'Ji= d', J #� yY1-$sr%t.. tyc'�w X d"s,,: w 3�,. Yq f�1�. f M Par`arrieter Cones° �'� L'. # f `Mortll ` , Weekl,'� Dail k �' Measurement Sample type oSample Location Frequency x .:��.A�erage...xs ��Average......�.tMaximum�,�.��Z:� ..,=x�;�.�___, �.k_� _.. �,�.....�. Flow 0.006 MGD Weekly Instantaneous Influent or Effluent 50050) BOD, 5-day (202C) 30.0 mg/L 45.0 mg/L 2/Month Grab Effluent 00310 Total Suspended Residue 30.0 mg/L 45.0 mg/L 2/Month Grab Effluent 00530 NH3 as N 2/Month Grab Effluent 00610 Fecal Coliform (geometric mean) 200/100 ml 400/100 ml 2/Month Grab Effluent 31616) Total Residual Chlorine' 28 µg/L 2/Week Grab Effluent 50060 Temperature (2C) Weekly Grab Effluent (00010) pH2 Weekly Grab Effluent 00400 Footnotes: 1. The limit for total residual chlorine will take effect June 1, 2007, only if chlorine is used. 2. The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units. There shall be no discharge of floating solids or visible foam in other than trace amounts. NPDES Permit Requirements Page 1 of lG 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. Bypass The known diversion of waste streams from any portion of a treatment facility including the collection system, which is not a designed or established or operating mode for the facility. Calendar Dav T 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 16 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 Samplir ea 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 levcq'� shall be considered =1. Grab Sample Individual samples of at least 100 ml collected over a period of time not exceeding 15 minutes. Grab samples can be collected manually. Grab samples must be representative of the discharge (or the receiving stream, for instream samples). Hazardous Substance Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the Clean Water Act. Instantaneous flow measurement A measure of flow taken at the time of sampling, when. both the sample and flow will be representative of the total discharge. Version 6(20)2003 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. Quarterl Averalre (concentration limitl The average of all samples taken over a calendar quarter. Severe proner1y 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. Dui 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 6(20/2003 NPDES Permit Requirements Page 4 of 16 d. Any person who knomingyl 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)(1) 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. Severability The provisions of this permit are severable. If any provision of this permit, or the application of any provision of thi permit to any circumstances, is held invalid, the application of such provision to other circumstances, and the remainde 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 pemit. The Permittee shall also furnish to the Permit Issuing Authority upon request, copies of records required by this permit [40 CFR 122.41 (h)]. 9. Duty to Reapply If the Permittee wishes to continue an activity regulated by this permit after the expiration date of this permit, the Permittee must apply for and obtain a new permit [40 CFR 122.41 (b)]. 10. Expiration of Permit The Permittee is not authorized to discharge after the expiration date. In order to receive automatic authorization to discharge beyond the expiration date, the Permittee shall submit such information, forms, and fees as are required by the agency authorized to issue permits no later than 180 days prior to the expiration date. Any Permittee that has not requested renewal at least 180 days prior to expiration, or any Permittee that does not have a permit after the expiration and has not requested renewal at least 180 days prior to expiration, will subject the Permittee to enforcement procedures as provided in NCGS 143-215.6 and 33 USC 1251 et. seq. 11. Signatory Requirements All applications, reports, or information submitted to the Permit Issuing Authority shall be signed and certified [40 CFR 122.41 (k)]. a. All permit applications shall be signed as follows: 0) For a corporation: by a responsible corporate officer. For the purpose of this Section, a responsible corporate officer means: (a) a president, secretary, treasurer or vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision making functions for the corporation, or (b) the manager of one or more manufacturing, production, or operating facilities, provided, the manager is authorized to make management decisions which govern the operation of the regulated facility including having the explicit or implicit duty of making major capital investment recommendations, and initiating and directing other comprehensive measures to assure long term environmental compliance with environmental laws and regulations; the manager can ensure that the necessary systems are established or actions taken to gather complete and accurate information for permit application requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures . (2) For a partnership or sole proprietorship: by a general partner or the proprietor, respectively; or (3) For a municipality, State, Federal, or other public agency. by either a principal executive officer or ranking elected official [40 CFR 122.22]. b.. All reports required by the permit and other information requested by the Permit Issuing Authority shall be signed by a person described in paragraph a. above or by a duly authorized representative of that person. A person is a duly authorized representative only if: 1. The authorization is made in writing by a person described above; 2. The authorization specified either an individual or a position having responsibility for the overall operation of the regulated facility or activity, such as the position of plant manager, operator of a well or well field, superintendent, a position of equivalent responsibility, or an individual or position having overall responsibility for environmental matters for the company. (A duly authorized representative may thus be either a named individual or any individual occupying a named position.); and 3. The written authorization is submitted to the Permit Issuing Authority [40 CFR 122.221 Version 612012003 NPDES Permit Requirements Page 6 of lG c. Changes to authorization: If an authorization under paragraph (b) of this section is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, a new authorization satisfying the requirements of paragraph (b) of this section must be submitted to the Director prior to or together with any reports, information, or applications to be signed by an authorized representative [40 CFR 122.22] d. Certification. Any person signing a document under paragraphs a. or b. of this section shall make the following certification [40 CFR 122.22]: 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 (0). 13: Permit Modification. Revocation and Reissuance or Termination The issuance of this permit does not prohibit the permit issuing authority from reopening and modifying the permit, revoking and reissuing the permit, or terminating the permit as allowed by the laws, rules, and regulations contained in Title 40, Code of Federal Regulations, Parts 122 and 123; Title 15A of the North Carolina Administrative Code, Subchapter 2H .0100; and North Carolina General Statute 143-215.1 et. al. 14. Annual Administering and Compliance Monitoring Fee Requirements The Permittee must pay the annual administering and compliance monitoring fee within thirty days after being billed by the Division. Failure to pay the fee in a timely manner in accordance with 15A NCAC 2H.0105 (b) (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.0201]. The ORC of each Class I facility must: ➢ Visit the facility at least weekly ➢ Comply with all other conditions of 15A NCAC 8G.0204. The ORC of each Class II, III and IV facility must: ➢ Visit the facility at least daily, excluding weekends and holidays ➢ Properly manage and document daily operation and maintenance of the facility ➢ Comply with all other conditions of 15A NCAC 8G.0204. Once the facility is classified, the Permittee shall submit a letter to the Certification Commission designating the operator in responsible charge: a. Within 60 calendar days prior to wastewater being introduced into a new system Version 612012003 NPDES Permit Requirements Page 7 of ] 6 b. Within 120 calendar days -of: ➢ Receiving notification of a change in the classification of the system requiring the designation of a new ORC and back-up ORC ➢ A vacancy in the position of ORC or back-up ORC. 2. Proper Operation and Maintenance The Permittee shall at all times provide the operation and maintenance resources necessary to operate the existing facilities at optimum efficiency. The Permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the Permittee to achieve compliance with the conditions of this permit. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures. This provision requires the Permittee to install and operate backup or auxiliary facilities only when necessary to achieve compliance with the conditions of the permit [40 CFR 122.41 (e)]. 3. Need to Halt or Reduce not a Defense It shall not be a defense for a Permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the condition of this permit [40 CFR 122.41 (CA- 4. Bypassing of Treatment Facilities a. Bypass not exceeding limitations [40 CFR 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 0) 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. 0) of this section. 5. Upsets a. Effect of an upset [40 CFR 122.41 (n) (2)]: An upset constitutes an affirmative defense to an action brought for noncompliance with such technology based permit effluent limitations if the requirements of paragraph b. of this condition are met. No determination made during administrative review of claims that Version 6/20/2003 NPDES Permit Requirements Page S of 16 noncompliance was caused by upset, and before an action for noncompliance, is final administrative action subject to judicial review. b. Conditions necessary for a demonstration of upset: A Permittee who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that: (1) An upset occurred and that the Permittee can identify the cause(s) of the upset; (2) The Permittee facility was at the time being properly operated; and (3) The Permittee submitted notice of the upset as required in Part II. E. 6. (b) (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 1. Representative Sampling Samples collected and measurements taken, as required herein, shall be characteristic of the volume and nature of the permitted discharge. Samples collected at a frequency less than -daily shall be taken on a day and time that is characteristic of the discharge over the entire period the sample represents. All samples shall be taken at the monitoring points specified in this permit and, unless otherwise specified, before the effluent joins or is diluted by any other wastestream, body of water, or substance. Monitoring points shall not be changed without notification to and the approval of the Permit Issuing Authority [40 CFR 122.41 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, Ll, 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 discharges. The devices shall be installed, calibrated and maintained to ensure that the accuracy of the measurements is consistent with the accepted capability of that type of device.- Devices selected shall be capable of measuring flows with a maximum deviation of less than 10% from the true discharge rates throughout the range of expected discharge volumes. Flow measurement devices shall be accurately calibrated at a minimum of once per year and maintained to ensure that the accuracy of the measurements is consistent with the accepted capability of that type of device. The Director shall approve the flow measurement device and monitoring location prior to installation. Once -through condenser cooling water flow monitored by pump logs, or pump hour meters as specified in Part I of this permit and based on the manufacturer's pump curves shall not be subject to this requirement. 4. Test Procedures Test procedures for the analysis of pollutants shall conform to the EMC regulations (published pursuant to NCGS 143-215.63 et. seq.), the Water and Air Quality Reporting Acts, and to regulations published pursuant to Section 304(g), 33 USC 1314, of the Federal Water Pollution Control Act (as Amended), and 40 CFR 136; or in the case of sludge use or disposal, approved under 40 CFR 136, unless otherwise specified in 40 CFR 503, unless other test procedures have been specified in this permit [40 CFR 122.41]. 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 122.411: a. The date, exact place, and time of sampling or measurements; b. The individual(s) who performed the sampling or measurements; c. The date(s) analyses were performed; d. The individual(s) who performed the analyses; Version 612012003 NPDES Permit Requirements Page 10 of 16 e. The analytical techniques or methods used; and f. The results of such analyses. 8. Inspection and Entg 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 122.410) (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 122.410) (3)]. 5. Monitoring Reports Monitoring results shall be reported at the intervals specified elsewhere in this permit [40 CFR 122.41 (1) (4)]. a. 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 FIour 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 0)_(6)]. b. The Director may waive the written report on a case -by -case basis for reports under this section if the oral report has been received within 24 hours. c. Occurrences outside normal business hours may also be reported to the Division's Emergency Response personnel at (800) 662-7956, (800) 858-0368 or (919) 733-3300. 7. Other Noncompliance The Permittee shall report all instances of noncompliance not reported -under Part II. E. 5 and 6. of this permit at the time monitoring reports are submitted. The reports shall contain the information listed in Part II. E. 6. of this permit [40 CFR 122.410) (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 122.410) (8)]. 9. Noncompliance Notification The Permittee shall report by telephone to either the central office or the appropriate regional office of the Division as soon as possible, but in no case more than 24 hours or on the next working day following the occurrence or first knowledge of the occurrence of any of the following. a. Any occurrence at the water pollution control facility which results in the discharge of significant amounts of wastes which are abnormal in quantity or characteristic, such as the dumping of the contents of a sludge digester; the known passage of a slug of hazardous substance through the facility; or any* other unusual circumstances. b. Any process unit failure, due to known or unknown reasons, that render the facility incapable of adequate wastewater treatment such as mechanical or electrical failures of pumps, aerators, compressors, etc. c. Any failure of a pumping station, sewer line, or treatment facility resulting in a by-pass 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 6/20/2003 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'; p) 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"; 0) 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 W2012003 NPDES Permit Requirements Page 13 of 16 adverse impacts to waters of the State. This permit cannot be rescinded while any activities requiring this permit continue at the permitted facility. PART IV SPECIAL CONDITIONS FOR MUNCIPAL FACILITIES Section A Publicly Owned Treatment Works (POTWsI All POTWs must provide adequate notice to the Director of the following. 1. Any new introduction of pollutants into the POTW from an indirect discharger which would be subject to section 301 or 306 of CWA if it were directly discharging those pollutants; and 2. Any substantial change in the volume or character of pollutants being introduced by an indirect discharger as influent to that POTW at the time of issuance of the permit. 3. For purposes of this paragraph, adequate notice shall include information on (1) the quality and quantity of effluent introduced into the POTW, and (2) any anticipated impact of the change on the quantity or quality of effluent to be discharged from the POTW. Section B. Municipal Control of Pollutants from Industrial Users. 1. Effluent limitations are listed in Part I of this permit. Other pollutants attributable to inputs from industries using the municipal system may be present in. the Permittee's discharge. At such time as sufficient information becomes available to establish limitations for such pollutants, this permit may be revised to specify effluent limitations for any or all of such other pollutants in accordance with best practicable technology or water quality standards. 2. Under no circumstances shall the Permittee allow introduction of the following wastes in the waste treatment system: a. Pollutants which create a fire or explosion hazard in the POTW, including, but not limited to, wastestreams with a closed cup flashpoint of less than 140 degrees Fahrenheit or 60 degrees Centigrade using the test methods specified in 40 CFR 261.21; b. Pollutants which will cause corrosive structural damage to the POTW, but in no case Discharges with pH lower than 5.0, unless the works is specifically designed to accommodate such Discharges; C. Solid or viscous pollutants in amounts which will cause obstruction to the flow in the POTW resulting in Interference; d. Any pollutant, including oxygen demanding pollutants (BOD, etc.) released in a Discharge at a flow rate and/or pollutant concentration which will cause Interference with the POTW; e. Heat in amounts which will inhibit biological activity in the POTW resulting in Interference, but in no case heat in such quantities that the temperature at the POTW Treatment Plant exceeds 40°C (104°F) unless the Division, upon request of the POTW, approves alternate temperature limits; f. Petroleum oil, nonbiodegradable cutting oil, or products of mineral oil origin in amounts that will cause interference or pass through; g. Pollutants which result in the presence of toxic gases, vapors, or fumes within the POTW in a quantity that may cause acute worker health and safety problems; h. Any trucked or hauled pollutants, except at discharge points designated by the POTW. 3. With regard to the effluent requirements listed in Part I of this permit, it may be necessary for the Permittee to supplement the requirements of the Federal Pretreatment Standards (40 CFR, Part 403) to ensure compliance by the Permittee with all applicable effluent limitations. Such actions by the Permittee may be necessary regarding some or all of the industries discharging to the municipal system. 4. The Permittee shall require any industrial discharges sending influent to the permitted system to meet Federal Pretreatment Standards promulgated in response to Section 307(b) of the Act Prior to accepting wastewater from any significant industrial user, the Permittee shall either develop and submit to the Version 612012003 NPD ES 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 214.0907(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: 1. 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.5.). 4. Headworks Analysis A) 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 ajZ & 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 NPDES Permit Requirements Page 15 of 16 Authorization to Construct (A to Cl 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; 8. SIU Self Monitoring and Reporting The Permittee shall require all industrial users to comply with the applicable monitoring and reporting requirements outlined in the Division approved pretreatment program, the industry's pretreatment permit, or in 15A NCAC 2H .0908. 9. Enforcement Response Plan (ERP) The Permittee shall enforce and obtain appropriate remedies for violations of all pretreatment standards promulgated pursuant to section 307(b) and (c) of the Clean Water Act (40 CFR 405 et. seq.), prohibitive discharge standards as set forth in 40 CFR 403.5 and 15A NCAC 2H .0909, and specific local limitations. All enforcement actions shall be consistent with the Enforcement Response Plan (ERP) approved by the Division. 10. Pretreatment Annual Reports (PARS 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 Summ= (RPS) 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 Summary Forms aDSID 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 govemed by 15 NCAC 2H .0114 and 15A NCAC 2H .0907.. Version 612012003 41- SOC PRIORITY PROJECT: IF YES, SOC NUMBER TO: PERMITS AND ENGINEERING UNIT WATER QUALITY SECTION ATTENTION: Mack Wiggins DATE: March 9, 1995 NPDES STAFF REPORT AND RECOMMENDATION COUNTY Henderson PERMIT NUMBER NCO066249 PART I - GENERAL INFORMATION No 1. Facility and Address: Country Acres Mobile Home Park 25 Keith Drive Arden, NC 28704 2. Date of Investigation: February 27, 1995 3. Report Prepared By: Paul White 4. Persons Contacted and Telephone Number: Carolyn Edmundson (not contacted) 704-891-3261' 5. Directions to Site: From the intersection of SR 1349 (McDowell Creek Road) with Hwy 191 north of Mills River, go 1 mile to the intersection of SR 1348 (Pennsylvania Road) and turn left. Go 0.1 mile to the first drive across McDowell Creek and turn in to the left. Follow the drive past the house to the wastewater treatment plant at the back of the trailer park. 6. Discharge Point(s), List for all discharge points: Latitude: 350 25' 06" Longitude: 820 35' 30" Attach a USGS map extract and indicate treatment facility site and discharge point on map. U.S.G.S. Quad No. F8 NE U.S.G.S. Quad Name Skyland Page 1 C. k' 7. Site size and expansion area consistent with application? _X Yes No If No, explain: 8. Topography (relationship to flood plain included): Site is located .in geologic flood plain of McDowell Creek. It is not known if it is in,the 100 year flood plain. 9. Location of nearest dwelling: >100.feet 10. Receiving stream or affected surface waters: McDowell Creek a. Classification: WS-IV b. River Basin and Subbasin No.e French Broad 04-03-02 C. Describe receiving stream features and pertinent downstream uses: Receiving stream is approximately 10 feet wide at this point and drains rural agricultural land with small pastures and woods. A summer youth facility 1.2 miles downstream reportedly uses the stream for primary recreation. Other uses include aquatic and wildlife propagation. PART II - DESCRIPTION OF DISCHARGE AND TREATMENT WORKS 1. a. Volume of wastewater to be permitted 0.006 MGD (Ultimate Design Capacity) b. What is the current permitted capacity of the Wastewater Treatment facility? 0.0065 mgd (apparently inadvertently changed from 0.006 mgd with the September 1, 1991 permit renewal.) C. Actual treatment capacity of the current facility (current design capacity 0.006 mgd d. Date(s) and construction activities allowed by previous Authorizations to Construct issued in the previous two years: none e. Please provide a description of existing or substantially constructed wastewater treatment facilities: Based on on site measurements and the engineers certification, the existing facility is a 0.006 mgd extended aeration treatment plant consisting of 'aeration, clarification, sludge and skimmer return, 1000 gallon septic tank for sludge holding, tablet chlorinator, 125 gallon chlorine contact chamber, V-notch weir, effluent pump station, and force main to McDowell Creek. Page 2 f. Please provide a description of proposed wastewater treatment facilities: none g. Possible toxic impacts to surface waters: chlorine, ammonia, cleaning chemicals. h. Pretreatment Program (POTWs only): n/a in development approved should be required not needed 2. Residuals handling and utilization/disposal scheme: septage hauler to POTW a. If residuals are being land applied, please specify DEM Permit Number Residuals Contractor Telephone Number b. Residuals stabilization: PSRP PFRP OTHER C. Landfill: d. Other disposal/utilization scheme (Specify): 3. Treatment plant classification (attach completed rating sheet): II 4. SIC Codes(s): 4952 Primary 08 Secondary Main Treatment Unit Code: 0607 PART III - OTHER PERTINENT INFORMATION 1. Is this facility being constructed with Construction Grant Funds or are any public monies involved. (municipals only)? no 2. Special monitoring or limitations (including toxicity) requests: none � -- ll -9 � . cP�►-� e+,-ems w � .. �-�-- ��s��r�.� �� Y�"�-'`�-y Page 3 3. Important SOC, JOC, or Compliance Schedule dates: (Please indicate) n/a Date Submission of Plans and Specifications Begin Construction Connplete Construction 4. Alternative Analysis Evaluation: Has the facility evaluated all of the non -discharge options available. Please provide regional perspective for each option evaluated. Spray Irrigation: might be technically feasible on adjacent land Connection to Regional Sewer System: none available Subsurface: might be technically feasible on adjacent land Other disposal options: 5. Other Special Items: none PART IV - EVALUATION AND RECOMMENDATIONS 'On the last permit renewal September 1, 1991, the flow limit was apparently listed in error as 0.0065 mgd. The supplement to permit cover sheet refers to a 0.006 mgd plant. All other ARO file correspondence previous to that time refers to 0.006 mgd, with the exception of Part IV of the April 23, 1991 staff report (Part II. 1. and 4. and the rating sheet of the same staff report refers to 0.006 mgd) and the subsequent waste load allocation. The plant was certified as a 0.006 mgd plant. The maximum instantaneous flows reported on the DMRs for the previous 12 months is 3000 gpd. Therefore the permit should be renewed at 0.006 mgd. A copy of the application has been forwarded to Harold Saylor of the Public Water Supply Section Regional. Office in Black Mtn. Any comments provided will be forwarded at that time. po,t kalca Signature of Report Preparer Water c4lity Regional Supervisor Date Page 4 NPDES WASTE LOAD ALLOCATION PERMIT NO.: NCO066249 PERMITTEE NAME: Ms. Carolyn F. Edmundson / Country Acres M Facility Status: Existing Permit Status: Renewal Major Pipe No.: 001 Minor _q Design Capacity: O.QWI5MGD , 0 d 65- Domestic (% of Flow): 100 % Industrial (% of Flow): Comments: RECEIVING STREAM: McDowell Creek Class: C Sub -Basin: 04-03-02 Reference USGS Quad: F8NE (please attach) County: Henderson Regional Office: Asheville Regional Office Previous Exp. Date: 10/31/91 Treatment Plant Class: 1 Classification changes within .three miles: No change within three miles. Requested by: Mack Wiggins Date: 4/17/91 Prepared by: �dDate: Reviewed by: Date: 31 Modeler Date Rec. # , G,4J 2 Drainage Area (mi ) 2 . 0 8 Avg. Streamflow_ (cfs): 3.85 7Q10 (cfs) d. 9 3 Winter 7Q10 (cfs) I . oq 30Q2 (cfs) Toxicity Limits: IWC % Acute/Chronic 'Instream Monitoring: Parameters kecat C'ol'Torn— Upstream ✓ Location i�e�nSvl�aad Downstream '� Location 1�1cDowett Effluent Characteristics BOD5 (m ) 3U NH -N (mg/1) 3 wi o ►i c D.O. (mg/1) TSS (mg/1) 30 F. Col. (/100 ml) ma o%,-6r pH (SU) , RECEIVED Wat ,r Quality Sectim JL N 5 - 1991 Comments: .Asheville, 44orth Carolina a _r -1- quest No. 6203 FACT SHEET FOR WASTELOAD ALLOCATIONS Facility Name :Country Acres Mobile Home Park NPDES No. :NC0066249 Type of Waste :Domestic Facility Status :Existing Permit Status :Renewal Receiving Stream :McDowell Creek Stream Classification:C Subbasin :04-03-02 County :Henderson Stream Characteristics: Regional Office :Asheville USGS #estimate Date 1987 Requestor :Mack Wiggins Drainage Area: 2.08 sq.mi. Date of Request :4/17/91 Summer 7Q10: 0.83 cfs Topo Quad :F8NE Winter 7Q10: 1.04 cfs Average Flow: 3.85 cfs 30Q2: cfs Wasteload Allocation Summary: Facility meets existing limits. Renew with existing limits. Discharge is to McDowell Creek, a tributary of the French Broad River. Dilution is 90:1. Recommend fecal coliform monitoring, effluent and instream. (approach taken, correspondence with region, EPA, etc.) WASTELOAD SENT TO EPA?(Major) N (Y or N) (if yes, then attach schematic, toxics spreadsheet, copy of model, or if not modeled, then old assumptions that were made, and description of how fits into basinwide plan) Recommended by: Reviewed by Date: Instream Assessment: Date:4/6 Regional j®r isor: Date: : / 2.3 9� Permits & Engineering: ( Dater RETURN TO TECHNICAL SERVICES BY: J UN 14 -2- � quest No. 6203 CONVENTIONAL PARAMETERS Existing Limits Monthly Average Daily Maximum Summer/Winter Wasteflow (MGD): .0015 BOD5 (mg/1) : 30 NH3N (mg/1): monitor DO (mg/1): TSS (mg/1): 30 Fecal Coliform (/100 ml): pH (SU): 6-9 Recommended Limits Monthly Average Summer/Winter Wasteflow (MGD): .0015 BODS (mg/1): 30 NH3N (mg/1) : DO (mg/1): TSS (mg/1): 30 Fecal Coliform (/100 ml): monitor pH (SU) : 6-9 Chlorine (mg/1): monitor (if used) Limits Changes Due To: Parameter(s) Affected Instream Data Ammonia Toxicity Chlorine New facility information Flow information Fecal Coliform Policy INSTREAM MONITORING REQUIRMENTS: Upstream: yes Location: Pennsylvania Rd. Donwstream: yes Location: McDowell Rd. ADDITIONAL "REVIEWER" COMMENTS: STAI[ o 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 May 26, 1988 Ms. Carolyn Edmundson, Owner Country Acres Mobile Home Park Rt. 1, Box 402 Arden, N.C. 28704 R. Paul Wilms Director '4"e--V C Subject: Amendment- to Permit No. AC0066249 Country Acres Mobile Homes Park Wastewater Treatment Plant Henderson County Dear Ms. Edmundson: In accordance with a letter dated May,4, 1988, we are amending Permit No. AC00662.49 to change the hypochlorinator to a tablet chlorinator and to change the size of the sludge holding tank from 2,618 gallons to 1,000 gallons. This permit amendment does not alter any other conditions or limitations specified in permit No. AC0066249. If you have any questions or need additional information, please contact Mrs. Babette McKemie, telephone number 91.9/733-5083. Sincerely, R. Paul Wilms cc: Henderson County Health Depar ment W. G. Lapsley Asheville Regional Office RrcEFIVED Witer Quality Section MAR 2 9 1989 ,Asheville Regional Office - Asheville, North CQrdina Pollution Prevention Paes P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-7015 i 1 ' 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, Govemor R. Paul Wilms S. Thomas Rhodes, Secretary October. 1.3, 1987 Director Ms. Carolyn Edmundson, Owner. Country Acres Mobile Home Park Rt 1, Box 402 Arden, iv. 0. 23704 SUBJECT: Permit No. NCO066249 Authorization to Construct Country Acres Mobile Home Park Wastewater Treatment: Plant Henderson County . Dear Ms. Edmundson: A letter of request for an Authorization to Construct- was received September 3, 1987, by the Division and final plans and specifications for the subject facilities have been reviewed and found to be satisfactory. Authorization .is hereby granted .for the construction of a 0.006 MGD wastewater treatment facility consisting of a bar screen, a 6000 gallon aeration tank, two (2) 36 CFM blowers, a 1000 gallon clarifier, /DDD -> a 2„K18 gallon sludge holding tank, a hypochlorinator, a 125 gallon chlorine contact tank, an effluent weir, a 50 GPM effluent pumping tank witli duplex submersible pumps and.high water alarms and 350 linear feet of 2-inch force main. This Authorization to Construct is issued in accordance wi.tli Part III paragraph B of the NPDES Permit No. NC0066249 issued September 3, 1987, and shall be subject to revocation unless the wastewater treatment facilities are constructed in accordance with the conditions and limitations specified in Permit No. NC0066249. The sludge wastes generated from these treatment facil.i.t:ies 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. This permit shall become voidable unless the facilities are constructed in accordance with the approved plans, specifications, and other supporting data-. The Permittee shall provide for the pump station and force main the following items: a. A minimum of three (3) feet of cover must be maintained over the force main. Ferrous material must be used where three (3) feet cannot be maintained. b. Sufficient devices which will protect the pump station from vandals. Pollution Prevention Pays P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-7015 J The perm:i.ttee must employ a certified wastewater in accordance with Part TII paragraph I) of the referenced permit. The sludge generated from these treatment. foci 1 i t. i es nnis l he disposed of in accordance with G.S. 143-215. 1 and in manner, npprovnbl v by t ho Ncirl h Carolina Division of. Environmental Management. In event the facilities fail. to perform saLisfnct.or.i ly in nu•et..ing its NPDES permit effluent limits, the Permittee shall take such immediate r--orrective action as may be required by this Division, including the coiist:rnctioti -f- additional wastewater treatment and disposal facilities. Upon completion of construction and prior to oper.at.ion of this permitted facility, n certification must be received from a professional engineer certifying that the permitted facility has been installed .in accordance with with the approved plans and specifi,cati.ons. One (1.) set of approved plans and specifications is heing Forwarded to you. If you have any questions or need information, please Ms. Babette Mckemie, telephone number 919/733-5083. Sincerely yours, R. Paul Wilms cc: Henderson County Health Department ` The John R. McAdams Company, Inc. Asheville Regional Supervisor Dennis Ramsey Engineer's Certification j k11z1,1AMq.' /—fi ', as a duly registered Professional Engineer in the Siate of Nor Carolina, hereby certify that construction of these permitted facilities ha e n comple ed in accordance with the approver, plans and p specificati s. -^ � �� Signature Registration Number ! Date_ Cn-lO 8S WAT�e 0 :L: " " `;j , , Michael F. Easley, Governor �:_ ~"""""" """"""""^^^�*-' William G. Ross Jr., Secretary �OFQG � > - i North Carolina Department of Environment and Natural Resources r Coleen H. Sullins, Director Division of Water Quality SURFACE WATER PROTECTION SECTION September 6, 2007 Country Acres Mobile Home Park 25 Keith Memorial Dr Mills River, NC 287592522 SUBJECT: Wastewater Collection System Owner & Operator Requirements Country Acres MHP WWTP NCO066249 Henderson County Dear Sir or Madam: I would like to take this opportunity to discuss the requirements for sewerage collection systems that were first established in 15 NCAC .02H .0200 in March 2000 and are now found in 15 NCAC 2T .0403, Waste Not Discharged to Surface Waters, which became effective September 1, 2006. These Regulations place significant operation, maintenance and reporting requirements on those entities that own or operate a wastewater collection system with average daily flows of less than 200,000 gallons per day. These regulations are applicable to your facility. This letter is provided as guidance to assist you in complying with the new reporting and operations and maintenance (O&M) requirements and to advise you that you are subject to system review, inspections and possible enforcement, if the system is not in compliance with the regulation. For your convenience and easy reference, a highlight of these requirements and the following guidance are offered (see enclosed). You may find the regulations using the following web site: http://h2o.enr.state.nc.us/peres/Collection%2OSystems/CollectionSVstemsHome.htmi The Asheville Regional Office will be increasing the level of oversight, compliance activities and enforcement relating to collections systems, therefore, we wanted to be sure you are aware of the requirements .for these systems. We will be performing NPDES Wastewater Collection System inspections sometime in the near future. NorthCarolina Naturally North Carolina Division of Water Quality 2090 US Hwy 70; Swannanoa, NC 28778 Phone (828) 296-4500 Internet: www..ncwaterquality.org Customer Service 1-877-623-6748 FAX (828) 299-7043 An Equal Opportunity/Affirmative Action Employer — 50% Recycled/10% Post Consumer Paper September 6, 2007 Page 2 of 2 If this Office has not previously inspected your wastewater collection system and records of same, you should be prepared to demonstrate compliance with all criteria listed above. Enclosed is an inspection form that you can use to assemble your records prior to an inspection by the staff of this Office. This Office has a Wastewater Treatment Plant Consultant on staff to offer assistance to you in complying with the requirements of these regulations. Should you have questions or need additional information regarding this issue, please contact Don Price at (828) 296-4500. Should you have any other questions concerning this correspondence or the requirements relating to collection systems, please contact Roy Davis or Keith Haynes at 828- 296-4500. Sincerely, 0 Roger C. Edwards, Supervisor Surface Water Protection Section cc: Deborah Gore - PERCS Unit - w/out enclosures Asheville. Regional Office -facility -file. —w/out enclosures-. DWQ - SWPS - Central Office Files - w/out enclosures ■ Coete iEeisr :j-and,3. me aA sl' t Print your natiif address on the reverse " so that we can return the card to you. c Carolyn F. Edmundson ' 1 Country Acres Mobile Home Park x7, 'deli' E 25 Keith Memorial Drive a. Mills River, NC 28759-2522 l� I Irr I tirr � ..I tl III I I. I. II. II.. II. tllt II 3 o /IU o 1� d Y ❑ Agent r" l/ L�S�-0 Addresse( (Printed Name) c C. D to f Deliven ireQiff tAm 1? Yes de(it?�ry addre� below: ❑ No 3.1 ervice Type a ❑ Priority Mail ExpressO El istered Mal II 119I II I'f III I I I I I IN I I I I I II III I III ❑(Adult Siult gnature Restricted Delrery ❑ Renature gistered Mail Restrict, 9590 9402 2119 6132 6472 28 er-Lfla Mai ❑ Certified Mail Res i ted�el er Delivery Q�Return Recelpt for �falerchandise 7016 1 ❑ Collect on Delivery ❑.Collect.on Delivery Restricted Delivery ❑ Signature Confirmation" ail i ❑Signature Confirmation 71� 18 0I7 21 11 '001 Re1t foted.Delfveryl I I I I IRe'strfcted Delfverg� PSI,Fnrm SR111 .filifvlOnll,S PSN AIY", -TI A r n, - > V - A/ 171Dnmestin Return LISPS TRACKING # First-C16ss a* M Postage & Fe . id LISPS Permit No. G-10 9590 940J- M�A%132 6472 28 United States • Sender. Please print your name, address, and ZIP+4® in this boxi Postal Service 1 1 JANET CANTELL NCOEQ43W OROS 2090 U.S. HIGHWAY 70 SWANNANOA NC 28778 -e' (North Carolina Department of Environmental Quality (Division of Water Resources Water Quality Regional Operations Section I2090 U.S. Highway 70 ;Swannanoa, North Carolina 28778 Carolyn F. Edmundson Country Acres Mobile Home Park 25 Keith Memorial Drive Mills River, NC 28759-2522 Jill 111lllutrll'II1u11Itl1llllll11111li11llilllor1lli 9590 9403 0672 5196 9539 47 ived by (F� :live 3. Service Type Adult Signature qult Signature Restd RhPeffApd Maiii, ❑ Collect on ale _Number_Cfransfer from service label) ❑ Collect on 7j0114 ( �0 51 Q � GO.0 0 j 1,4 4 6 6 � 416 6i3O i 111 4 In ❑ Agent ❑ Addressee Name) C.D y�/ of �Dal'very / different from item 1? livery address below: ❑ Priority Mail Express@ ❑ Registered MallT Mail Restricts ;/4❑Registered elivery RetumReceiptfor rchandiss ❑ Signature Confirmation" ❑ Signature Confirmation d Deliveryl i I `Restricted Deliver- ?S Form 3811. April 2015 PSN17530-02-000-9053 A inU n %i f I • d 6 S f I d Domestic Return R—ecut t UNITED STATES PbS'- First -Class Mai t aERVICE .. 111111 Postage & Fe id 19 SIE- ..111 + USP Pe mS No. G-10 • Sender: Please print your name, address, and ZIP+4® in this box• JANET CANTWELL' NCOEO-OWR-WOROS 2090 U.S. HIGHWAY 70 - - - - - - SWANNANOA NC 28770 YI�IpI�InIIIIIII�IB��dII�InW 9590 9403 0672 5196 9539,47 ■ Complete items 1, 2 and-3. Also complete A. 91gnature. i if.Restricted Delivery is desired. ■ Ilyour name and address on the reverse so that we can return the card to you. B. Received y_(Pr, North Carolina Department c Environment and Natural Resource _r 2090 U.S. Highway 7�r,Swannanoa, Nc 2877 NCDENR ❑ Agent C. Date of Delivery erent from item 1? ❑ Yes address below: ❑ No �-- CAROLYN F EDNDSON � _- COUNTRY ACRES MOBILE HOME PA_RK.I ' Type 25'KEITH MEMORIAL DRIVE Certified Mail ❑ press Mail ARDEN NC 28704 gistered Retum Receipt for Merchandise ❑ Insured Mai C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 7I7�6134;5�i40�i]Of�°�p64C3�3 if `/�,vU ii r� :;:,;' ,i ,�i c„iit _ IS[ f iiIl iili ?S F,orm. 3811 oFebruary 2004 1 1 r Domestic Retum Receipt 1025s UNITED STATES POSTAL SERVICE •'� �tv.v:. Y- � .`i... ,�,\''�4 t':.%it.:i L ,�.v�,N:.�:..` hri ' � 4�i'�,. ^vim?+:i-'.:�•jw'.tl"S. elV�� :.... ... • Sender: Please print your name, address, and-) IP+4 in"', Tn co cn 00 i1Ll"F 1Ill lilt 'l,i,.,, li,,,11„1,1,:1,„l,1,,,11,,, lilt)„11„11,,,11 ...�.* ■ C lete items 1, 2, and 3. Also complete A. Si ature it if Restricted Delivery is desired. /,,� , ❑ Agent ■ Pn your name and address on the reverse X M/ (g6 .. Addressei so that we can 1. Deliver)return the card to you. _a_R�e., .r.,_inrinted I� North Carolina Department of r : ; Environment and Natural Resourcesl ss differe fro tYY� 7 es 2090 U.S. Highway 70, Swannanoa, Nc 28778 livery add ssbelod ❑ �' NCDENR nn S CAROLYN F EDMUNDSON COUNTRY ACRES MOBILE HOME PARK service Type 25 KEITH MEMORIAL DRIVE p Certified Mail ❑ 6cpress Mail ARDEN NC 28704 ❑ Registered ❑ Return Receipt forMerchandis( —❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) y 7006 3450 000,2,-7064 -1235:-..: PS Form 3811 - Fehniary 9nn4 Domestic Return Receipt 102595-02-M-154 UNITED STATES POSTAL_ E VIC, First -Class Mai �a USPS e & Fees Paid ,\ Permit No. G-1� • Sender4le�ase print yoLrn� address, and ZIP+4 in this box • ",D ;OA FPJkZII R idT NOA NC'Lc'78 s ■ ete items tw2, and 3. Also complete A. Signature Oit . -+ if Restricted Delivery is desired. X� IN Print your name and address on the reverse so that we can return the card to you. B. Received Sy (P, ■ Attach this card to the back of the mailpiece,_ �� .�� . �h`•-: � •, ;� F 'stir•_; r! � , p¢ ti" t'117Ijsi"t.•� i'' ,,.ar?I. ' ?Uc`:, Nf: 2-37 .lFRegistered ce Type i' �1ir:t'it.ru.r_l� i!ii'+_ ;k.i�;i�rtifiedMail ❑ Insured Mail - -- _ - ------ ----- ----- -- ---- 14. Restricted Delive ji',�ren't m item 1? grad belay mp �c M D N Cn Mail 7005 0390, p001 13552 195311 ❑ Agent 111. Febrbary 2064! 1 1 1 1 Domestic'Retum Receipt 102595-&M-154 UNITED STATES P 25 MAY'20.16 PM 1i 0 Sender: Please print your name, address, and ZIP- 4 -in thisbox a Nl%ANDA I VAIJER NC28-3