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HomeMy WebLinkAboutNC0079251_Regional Office Physical File Scan Up To 11/10/2020NCDENR fq:�`;R, North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H, Sullins Dee Freeman Governor Director Secretary March 9, 2010 Ku Han Clement Pappas NC Inc 125 Industrial Park Rd Hendersonvlle NC 28792 SUBJECT: Compliance Evaluation Inspection Clement Pappas Plant Permit No: NCO079251 Henderson County Dear Mr. Han: Enclosed please find a copy of the Compliance Evaluation Inspection Report from the inspection which I conducted at the facility on February 19, 2010. The facility was found to be in Compliancewith permit NC0079251. Please refer to the enclosed inspection report for additional observations and comments. The assistance provided by Blake Kehoe during the inspection was greatly appreciated. If you or your staff, have any questions, please do not hesitate to call me at 296-4500. Sincerel Keith Hayn s Environmental Sr. Specialist Enclosure cc: Central Files MAsheui,f;leFilesx t� S:\SWP\Henderson\Wastewater\Industrial\Clement Pappas 79251\CE12-19-10.doc SURFACE WATER PROTECTION —ASHEVILLE REGIONAL OFFICE One Location: 2090 U.S. Highway 70, Swannanoa, NC 28778 NOrthCar011na Phone: (828) 296-4500\FAX: 828 299-7043\Customer Service: 1-877-623-6748 // Internet: www.ncwaterauality:org �I Vatumll 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 U 5� 31 N00079251 111 12I 10/02/19 117 18I CJ 191 . L 1 20I I 1-1 -J Remarks 21IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII116 Inspection Work Days Facility Self -Monitoring Evaluation Rating B1 QA ------------- —---------- — Reserved ----------- --------- 67 I 169 70 LJ 71 U 72 I N j 73 L1J 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) Clement Pappas Plant 10:35 AM 10/02/19 06/02/01 Exit Time/Date Permit Expiration Date 125 Industrial Park Rd Hendersonvlle NC 28792 11:05 AM 10/02/19 10/12/31 Name(s) of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data Blake Myles Kehoe//828-693-0711 /8282439572 Name, Address of Responsible Official/Title/Phone and Fax Number Ku Han,125 Industrial Park Rd Hendersonville NC Contacted 28792//828-693-0711/8286972984 No Section C: Areas Evaluated During Inspection (Check only those areas evaluated) Permit Operations & Maintenance 0 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 Keith Haynes ARO WQ//828-296-4500/ Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date Roger C Edwards Q ARO WQ//826-296-4500/ 3 /?/)- 0t6} EPA Form 3560-3 (Rev 9-94) Previous editions are obsolete. Page # 1 NPDES yr/mo/day Inspection Type 1 3I NCO079251 I11 12I 10/02/19 I17 18'_I Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) The facility has requested the permit be rescinded. Page # 2 ppppppp- Permit: NCO079251 Inspection Date: 02/19/2010 Owner - Facility: Clement Pappas Plant Inspection Type: Compliance Evaluation Operations & Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? ■ ❑ ❑ ❑ Does the facility analyze process control parameters, for ex: MLSS, MCRT, Settleable Solids, pH, DO, Sludge ❑ ❑ ■ ❑ Judge, and other that are applicable? Comment: (If the present permit expires in 6 months or less). Has the permittee submitted a new application? Is the facility as described in the permit? # Are there any special conditions for the permit? Is access to the plant site restricted to the general public? Is the inspector granted access to all areas for inspection? Comment: The facility has requested that the permit be rescinded. The ARO has no issues with this request as there has been no discharge of noncontact cooling water through outfall 002 in over four years as the water is now recycled. Page # 3 �� + la NCDENR' North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue, Governor Coleen H.-Sullins, Director Dee Freeman, Secretary March 4, 2010 Mr. Blake M. Kehoe Clement Pappas, Inc. 125 Industrial Park Rd - Hendersonville, N.C. 28792 Subject: Rescission of NPDES Permit NCO079251 Clement Pappas Henderson County Dear Mr. Kehoe: Division staff has confirmed that the subject permit is no longer required. Therefore, in accordance with your request, NPDES Permit NCO079251 is rescinded, effective immediately. If in the future your company wishes to discharge wastewater to the State's surface waters, they must first apply for and receive a new NPDES permit. Discharge of wastewater without a valid .NPDES permit will subject the responsible party to a civil penalty of up to $25,000 per day. If you have questions about this matter, please contact Charles Weaver of my staff at the telephone number or address listed below. Sincerely, oleen t1lins cc: Ce t Files �►reville Reeioiial Office-/ Keith Haviies NPDES Permit file Fran McPherson, DWQ Budget Office 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 512 North Salisbury Street, Raleigh, North Carolina 27604 Internet: www.ncwaterqualfy.org Phone: 919.807-6391 / FAX 919 80M495 charles.weaver@ncdenr.gov 1p WATER _ASHEVILL atrral! r.�Ni'ii,+•:r..s �?;w.4;-�y_no ._.;1'...w.s�rn.-.m n..-. _.... ..�.s_.. r_ .�_.. An Equal Oppoduhity/Affirmative Action Employer 50% Recycled/10% Post Consumer Paper k4ld(' 2-24-10 Department of Environment and Natural Resources Attn: Keith Haynes 2090 U.S. Hwy 70 Swannanoa, NC 28778 RE: NPDES Permit Number NCO079251 Clement Pappas Inc. has discontinued discharge of non -contact cooling waters to Mud Creek through outfall 002, located at 125 Industrial Park Road, Mountain Home, NC (Henderson County) and has applied for a rescission to the Department of Water Quality in Raleigh, NC for permit number NC0079251. Thank You, Blake M Kehoe Cc. Dale Wolfe D FEB 2 5 2010 WATER QUALITY SECTION ASHEVILLE REGIONAL OFFICE 125 Industrial Park Rd Hendersonville, NC 28792 828-693-0711 i OCT 2 7 2009 North Carolina Department of Environment and Natural ResoujcesJALITY SECTION y Division of Water Quality - `L- REGIONAL OFFICE p STATE STORMWATER PERMIT NAME/OWNERSHIP CHANGE FORM 1. CURRENT PERMIT INFORMATION: 1. Stormwater Management Permit Number: NCG 060111 2. Permit Holder's Name: Clement Pappas NC, Inc 3. Signing official's Name: Ku Han Title: Plant Manager . (person legally responsible for permit) 4. Mailing Address: PO Box 1009 City. Mtn Home State NC zip:28758 Phone: 0711 Fax: (g2s) 697-2g84 II. NEW OWNER / PROJECT / ADDRESS INFORMATION: 1. This request is for: (please check all that apply) a. Change in ownership of the property/company (Please complete Items #2, #3, and #4 below) X X x b.... Name change.of project (Please complete Item #5 below) C. Mailing address change. (Please complete Item #4 below) d. Other (please explain): 2. New owner's name to be put on permit: 3. New owner's signing, official's name and title: Title: 4. New Mailing Address:125 Industrial Park Rd City:Hendersonville State NC Zip:28792 Phone: (R?R) 64.3-0711 Fax: (828) 697-2g84. 5. New Project Name to be placed on permit: Ownership/Name Change-022309 Page 1 of 3 PERMIT NAME/OWNERSHIP CHANGE FORM THIS APPLICATION PACKAGE WILL NOT BE ACCEPTED BY THE DIVISION OF WATER QUALITY UNLESS ALL OF THE APPLICABLE ITEMS LISTED BELOW ARE INCLUDED WITH THE SUBMITTAL. REQUIRED ITEMS: 1. 2. 3. 4. 5. IN This completed form. Legal documentation of the transfer of ownership. A copy of the recorded deed restrictions, if required by the pe The designer's certification, if required by the permit. D 0 CT 2 7 2009 l- WATER QUALITY SECTION AFHFVILLE REGIONAL OFFICE A signed Operation and Maintenance plan, if a system that requires maintenance will change ownership. Maintenance records. CERTIFICATION MUST BE COMPLETED AND SIGNED BY BOTH THE CURRENT PERMIT HOLDER AND THE NEW APPLICANT IN THE CASE OF A CHANGE OF OWNERSHIP. FOR NAME CHANGES, COMPLETE AND SIGN ONLY THE CURRENT PERMITTEE'S CERTIFICATION. Current Permittee's Certification: !,in i'�,� , attest that this application for a name/ownership change has been. reviewed and is accurate and complete to the best of my knowledge. I. understand that if all required parts of this application are not completed and that if all required supporting information and attachments are not included, this application package will be returned as incomplete. s Signature: New Applicant's Certification: (Must be completed for all transfers of ownership) I, , attest that this application for an ownership change has been reviewed and is accurate and complete to the best of my knowledge. I understand that if all required parts of this application are not completed and that if all required supporting. _information and attachments are not included, this application package will be returned as incomplete. Signature: Date: Mail the entire package to: NCDENR Division of Water Quality Surface Water Protection Section — Stormwater at the Appropriate Contact Address (see the following page) Ownership/Name Change-022309 Page 2 of 3 WINSTON-SALEM RALEIGH WASHINGTON ASHEVILLE a u kCERS"'Pa Ty""��. e I O C. ' oN . MOORESVILLE f - ` o NORTH CAROLINA DIVISION OF WATER QUALITY WATER PROTECTION SECTION -- Central and Regional Office Contact Information For State Stormwater Permits 0 ;US-Highway°70:. —=- (828) 296-4500, HOW-& ORW Projects in Counties Above 3800 Barrett Drive Raleigh, NO 27609 (919) 791-4200 HOW & ORW Projects In Counties Above E,10NAL,4SFF 585 Waughtown Street Winston-Salem, NO 27107 (336) 771-5000 HOW & ORW Projects in Counties Above RARNETT MOORE UN Pt�6E�Phi ELhi7EtF � -' '� FAYETTEVILLE WILMINGTON 225 Green Street I 610 East Center Avenue/Suite 301 Systel Building Suite 714 I Mooresville, NO 28115 Fayetteville, NO 28301-5043 i (704) 663-1699 (910) 433-3300 HOW & ORW Projects in Counties Above HQW & ORW Pro ects m Counties Above . rAsi�i 1 c�T ,• Nor I C FF ci , �tl tz �Tmil 943 Washington Square Mall 127 Cardinal Drive Extension Washington, NO 27889 Wilmington, NO 28405-2845 j (252) 946-6481 (910) 796-7215 j Coastal Stormwater, HOW & ORW Projects in Counties Above ! Coastal Stormwater, HQW & ORW Projects in Counties Above _...... N"I�R,�LO��IG.F ....... 1617 Mail Service Center Raleigh, NO 27699-1617 (919) 807-6300 Ngith C'at' ifiali,WWO, ". Phase 2 Post -Construction Projects not covered by local;' CJ Ownership/Name Change-022309 Page 3 of 3 CLEMENT-PAPPAS NC Department of Environment and Natural Re DWO Central Files 1636 Mail Service Center Raleigh, NC 27699-1636 Re: Address Change Permit .-Cf-PRO m To Whom it may concern: 10-21-09 ti' i�3,^9v�i �t+�r . �c'„1'i+f.-:�e'_S:r_:.r•51!'._si".•w� i�.,• ' �9 2009 DECDEc � i ' S The address for this location is changing, the new address is: Clement Pappas NC, Inc. 125 Industrial Park Rd Hendersonville, NC 28792 If there are any questions please feel free to call. Thank You, Ku Han Plant Manager RECEIVED OCT 2 8 2009 DENR - WATER OUALITY POINT SOURCE BRANCH 125 Industrial Park Rd Hendersonville, NC 28792 828-693-0711 5/27/09 T CLEMENToPAPPAS QUALITY • INTEGRITY • ACCOMPLISHMENT FOOD PROCF,VA JUN 17 2009 Division of Water Quality 1617 Mail Service Center Attn: Information Processing Unit Raleigh, NC 27699 RE: NPDES Permit Number NCO079251 SwF JUN 16 2099 Attached please find 2 copies (each) of Clement Pappas Effluent report (DEM Form MR-1) for the month of April 2009, as required by permit. Thank You, A,-e Michael E. Puttick. (ORC) Cc. Blake M. Kehoe CLEMENT PAPPAS NC P.O. BOX 1009, 125 INDUSTRIAL PARK ROAD, MOUNTAIN HOME, NC 28758 (828) 693-0711 FAX (828) 697-2984 EFFLUENT NPDES PERMIT NO. NCO079251 DISCHARGE NO. 002 MONTH April YEAR 2009 FACILITY NAME Clement Pappas & Company Inc. CLASS 1 COUNTY Henderson OPERATOR IN RESPONSIBLE CHARGE(ORC) Michael E. Puttick GRADE sl & Pc1 PHONE 828-693-0711 CERIFIED LABORATORIES(1) Pace Analytical Services (2) CHECK BOX IF ORC HAS CHANGED ❑ PERSON(S) COLLECTING SAMPLES Pace Analytical Mail ORIGINAL and ONE COPY to: 5 ATTENTION: CENTRAL FILES x Division of Water Quality (SIGNATURE OF OPERATOR IN RESPONSIBLE CHARGE) DATE 1617 Mail Service Center BY THIS SIGNATURE, I CERTIFY THAT THIS REPORT IS RALEIGH, NC 27699-1617 ACCURATE AND COMPLETE TO THE BEST OF MY KNOWLEDGE. W I— Y > o E. o N N N O E F °� `5 O fl O 'm U d O 50050 00010 00400 50060 00310 00610 00530 31616 00300 00600 00665 FLOW w �y a. W Wv o. Jw ¢ z O- W 2 �v O o CO N ¢Z z W 00 F— QZ ww J o O w F- (A W CO� m Ow °7 2 OU a� J E V aa) w(9 wz > w O } (A X o0 w O w Z J Fa- O J w nOz F (A o o ENTER PARAMETER CODE ABOVE NAME AND UNITS BELOW EFF ❑ INF ■ ¢¢ o< HRS HRS Y/N MGD Or, UNITS UG/L MG/L MG/L MG/L #/100ML MG/L MG/L MG/L Y 0.000 21 0p800© V() O8 .. ,. �:.� `3 � �b _ - s .�ia .. ,. .... ,. 4 0800 8 1 N 0.000 6 0800 8 Y 0.000 k WIN �$ ELL X ELL 5 at. (Y<77 caJl°a •'.,« .r;+`rat�: r6 A e 8 0800 8 Y 0.000" 0800 8 Y 0.000 10 r, �.t'`.?�.:. �`:'✓ , .��:r�' i.'sa . ➢' ' 14 0800 8 Y 0.000 _ i 16 0800 8 Y 0.000 { �€� 18 al.�, j� r.. "£�V� 0900 '� ai>_��z• 4 �. ..a�,� �. N � �. ��e 0.000 � �•�'. P s� °A L«-�`. a '�„ b, .1"aY� � . �-�«a��+., �� t.>., 2 .. �.�s�a 3�'' ✓; ��� _ -�,_.aA`,.< � f £ st ^3�. ��AE �^ �,,�2f.: %gyp 20 0800 8 Y 0.000 ........... i ViYLJ e,...., -. -. Y ., wno .. . A� 0.000 ?� GN�.,m �✓. n .z .. .,,_ E,! .., .,a tom_ � � � r.x, ,yyg .., �.1kRLi� � � .. .r .� ,, � R M0 ... ... 22 0800 8 Y �, i'3E a„ A3 �. _ �d3,:: hlx4' 0 QY•..� l k^4.!=i Rom` ;w 24 0800 8 Y 0.000 EELF?p �3�'i �4 b his is" 'x[ . °`' b N' F viz sg +a a'b _'$ i ,3' , 26 0 N 0.000 28 . 0800 8 'fit Y 0.000 x0mv, 30 0800 8 Y 0.000 V � � �. .a..�; i t.>a .... Y_ " < � d ��� :.... �R � _ Yvvcy ,_.. 't� ., <F•-A P a= w�, >�asiira ' AVERAGE 0.000 MINIMUM 0.000 ­77,�•aE E �, - 'gR ry 7,7 Monthly Limit NOL NOL NOL 28 DEM Form MR-1 (01/00) Facility Status: (Please check one of the following) All monitoring data and sampling frequencies meet permit requirements Yes (including weekly averages, if applicable) Compliant All monitoring data and sampling frequencies do NOT meet permit requirements Noncompliant The permittee shall report to the Director or the appropriate Regional Office any noncompliance that potentially threatens public health or the environment. Any information shall be provided orally within 24 hours from the time the permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the permittee becomes aware of the circumstances. If the facility is noncompliant, please attach a list of corrective actions being taken and a time -table for improvements to be made as required by Part II.E.6 of the NPDES permit. "I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who managed the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations" Clement Pappas NC, Inc by Ku Han Permittee (Please print or type) '41- -�7-6 Si tur o ittee*** Date (Required unless submitted electronically) PO Box 1009 Mtn Home, NC 28758 828-693-0711 kha r@demeMoeo .com 12/31/2010 Permittee Address Phone Number e-mail address Permit Expiration Date ADDITIONAL CERTIFIED LABORATORIES Certified Laboratory (2) Certified Laboratory (3) Certified Laboratory (4) Certified Laboratory (5) PARAMETER CODES Certification No. Certification No. Certification No. Certification No. Parameter Code assistance may be obtained by calling the NPDES Unit at (919) 733-5083 or by visiting the Surface Water Protection Section's web site at h2o.enr.state.nc.us/wqs and linking to the unit s information pages. Use only units of measurement designated in the reporting facility NPDES permit for reporting data. * No Flow/Discharge From Site: Check this box if no discharge occurs and, as a result, there are no data to be entered for all of the parameters on the DMR for the entire monitoring period. ** ORC On Site?: ORC must visit facility and document visitation of facility as required per 15A NCAC 8G .0204. *** Signature of Permittee: If signed by other than the permittee, then the delegation of the signatory authority must be on file with the state per 15A NCAC 2B .0506(b)(2)(D). A74 jLA NC®EN. ' North Carolina Department of Environment Division of Water Quali Beverly Eaves Perdue Coleen H Sullins md N tural Resources -s 1 Governor Director 15 U D9 n S�ret February 26, 2009: MAR ~ 9 2009 � n Mr. William P. Hayes / ::. WATER QUALITY SECTION National Bureau of Property Administration, Inc. ASHEVILLE REGIONAL OFFICE Two Prudential Plaza Suite 2525 180 North Stetson Ave. Chicago, Illinois 60601 Subject: Tax Certification - Pollution Abatement Equipment Real and Personal Property Tax Certification Number TCS-AV-104 Clement Pappas, Inc. Henderson County, NC Dear Mr. Hayes: As per your request, the staff of the Division of Water Quality has completed the review of the Tax Certification Request for real and personal property received from your office January 30, 2009. Please find attached a copy of Tax Certification Number TCS-AV-104 issued by this office to Clement Pappas, Inc. for the facility located in Henderson County. A copy of this Certification is being sent to the Henderson County Tax Office along with a copy of this letter. Please note that as part of this Tax Certification process, the DENR staff did not make any efforts to confirm either the cost of the items certified or the year of their acquisition. If there is a need for any additional information or clarification, please do not hesitate to contact either Mr. Gerald Horton of our staff ataerald.horton@ncmail.net or 919-715-6219 or Mr. Mark Hubbard at mark.htibbard@ncmail.net or 919-715-6224. Sincerely, / Z Mark L. Hubbard, PE, Assistant Chief Construction Grants and Loans Section GW{ t/_ wh Attachments cc: Blake Kehoe, Clement Pappas, Inc., 125 Industrial Park Dr., Henderson, NC 28758 Stan Duncan, Henderson County Tax Assessor, 200 N. Grove St., Henderson, NC 28792 . tRoge Efdw zds� DWQ1Reg0na11(9ffi5e', 2090 Swannanoa, NC 28778 Construction Grants & Loans Section — Gerald W. Horton, PE APS/LAU FASHARE\Project ,Management Branch\Tax Certification\Proiects`.Clement Pappas, Inc\Tax Cart LelterTCS-AV-104.doc Construction Grants & Loans Section One 1633 Mail Service Center Raleigh NC 27699-1633 NorthCarolina Phone: 919-733-6900 / FAX: 919-715-6229 / Internet: www.nccgl.net �aturalllJ An Equal Opportunity/Affirmative Action Employer— 50% Recycled / 10% Post Consumer Paper ,/Akwm®� NCDENR NORTH CAROLINA DEPARTMENT OF North Carolina Division of Water Quality TAX CERTIFICATION NUMBER TCS-AV-104 In accordance with the provisions of the North Carolina General Statutes G.S. 105-275.(8) this is to certify that: Clement Pappas, Inc. 125 Industrial Park Road Hendersonville, North Carolina 28792 Henderson County filed a request for tax certification for real and personal property covered under the Division of Water Quality Permit Number WQ 000 4797. On February 24, 2009, staff of the Division of Water Quality inspected these treatment facilities and found, based on the information supplied by the applicant that the facilities listed on the attached application meet the following requirements for Tax Certification: 1. The property has been, constructed or installed; 2. The property complies with, the requirements of the EMC; 3. The property is being effectively operated, in accordance with the terms and conditions of approvals issued by the EMC; and 4. The property has, as its primary rather than incidental purpose the reduction of water pollution resulting from the discharge of sewage or waste. Please note that as part of this Tax Certification process the DENR staff did not make any efforts to confirm either the cost of the items certified or the year of their acquisition. DATE TAX CERTIFICATION ISSUED: February 26, 2009 0-7 Mark L. Hubbard, P.E., Assistant Chief Construction Grants and Loans Section cc: Blake Kehoe, Clement Pappas, Inc., 125 Industrial Park Dr., Henderson, NC 28758 Stan Duncan, Henderson County Tax Assessor, 200 N. Grove St., Henderson, NC 28792 ogedwaids 77WQegionaL`Of.ce, 2090 Swannanoa, NC 28778 Construction Grants & Loans Section — Gerald W. Horton, PE PERCS Section 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 2 U 5� 3I NC0079251 111 12I 08/06/03 117 181 rl 191 cl 201 U u U U IJ Remarks 2111111111111111111111111111111111111111.1111111116 Inspection Work Days Facility Self -Monitoring Evaluation Rating 131 QA ------ ---- --- -Reserved--------- --- 67 I - 169 70 71 U 72 73 W 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) 02:00 PM 08/06/03 06/02/01 Clement Pappas plant Exit Time/Date Permit Expiration Date 125 Industrial Blvd Mountain Home NC 28758 02:30 PM 08/06/03 10/12/31 Name(s) of Onsite Representative(s)rritles(s)/Phone and Fax Number(s) Other Facility Data Name, Address of Responsible Officialfritle/Phone and Fax Number Contacted Blake Myles Kehoe,PO Box 1009 Mountain Home NC 28758//828-693-0711/8282439572 No Section C: Areas Evaluated During Inspection (Check only those areas evaluated) Other 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 Roy MDavis - ARO WQ//828-296-4500 Ext.4659/ Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date EPA Form 3560-3 (Rev 9-94) Previous editions are obsolete. Page # 1 NPDES yr/mo/day Inspection Type (cont. 1 3I NCO079251 I11 12I 08/06/03 I17 18ICI Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) When calling, on April 6, 2008, to set up an inspection at Clement Pappas I learned that non -contact cooling water had not been discharged from the facility for approximately two years. A cooling tower has been installed to allow the recycling of cooling water. Mike Puttick says that the Company would like to keep their discharge permit for a while. Water is used to cool filled bottles to the point that labels will adhere to the bottles. On June 3, 2008 1 visited the site. The discharge pipe is located a few feet down stream of the foot bridge over Mud Creek. No discharge was observed. The Company has a fairly elaborate lockout system to insure that a release does not accidentally occur. Page # 2 NPDES yr/mo/day Inspection Type 3I NCO079251 I11 12I 08/06/03 I17 18'_I (cont.) Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) When calling, on April 6, 2008, to set up an inspection at Clement Pappas I learned that non -contact cooling water had not been discharged from the facility for approximately two years. A cooling tower has been installed to allow the recycling of cooling water. Mike Puttick says that the Company would like to keep their discharge permit for a while. Water is used to cool filled bottles to the point that labels will adhere to the bottles. On June 3, 2008 1 visited the site. The discharge pipe is located a few feet down stream of the foot bridge over Mud Creek. No discharge was observed. The Company has a fairly elaborate lockout system to insure that a release does not accidentally occur. Page # 2 Permit: NCO079251 Owner - Facility: Clement Pappas plant Inspection Date: 06/03/2008 Inspection Type: Compliance Evaluation Other Yes No NA NE Comment: Page # 3 0 Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources SURFACE WATER PROTECTION February 28, 2007 Mr. Blake Kehoe Clement Pappas NC Inc. Post Office Box 1009 Mountain Home, North Carolina 28758 Dear Mr. Kehoe: Alan W. Klimek, P.E. Director Division of Water Quality Asheville Regional Office F*1 L L ^n�;u�,r.:t..upx:Psas„+r:.Jnxsaez.sa•.vw.,aw.,,..,..«..,....„...:,t SUBJECT: Compliance Evaluation Inspection Clement Pappas Cooling Water Discharge Permit No: NCO079251 Henderson County Enclosed please find a copy of the Compliance Evaluation Inspection form from the inspection conducted on February 22, 2007. Mr. Keith Haynes, Ms. Starr Silvis and I of the Asheville Regional Office conducted the Compliance Evaluation Inspection. The. facility was found to be in Compliance with permit NC0079251. 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, L ry rost nvironmental Engineer Enclosure cc: NPDES Unit Central Files None Carolina Atura!!{7 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 /� Washington, D.C. 20460 EPA 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 20 I 1 I )a 2 LJ 3I r.00079251. 111 12I o'7/02/22 117 18I rI 19I J Remarks 211111 11111111111111111111111111111111111111111116 Inspection Work Days Facility Self -Monitoring Evaluation Rating B1 QA ------------------------- - Reserved --- ------- ---------- 67I 169 70 LI 71 J_j 721 7 I 73I `174 751 I I I I I I 180 —! u 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 NPDEP permit Number) C1.emenY. Pappas plant 09:30 Am 0?/03/22 06/02/01 Exit Time/Date Permit Expiration Date 125 Industrial Blvd tiount:ain Home NC 28758 7.0.30 AH 07/02/22 10/12/31 Name(s) of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data Name, Address of Responsible Offidal Title/Phone and Fax Number Contacted Blake r•Svles Kel.oe, PC Box :10{)9 Mountain Hcn,e NC 28`158//$28--693-0711./8282439572 Yes Section C: Areas Evaluated During Inspection (Check only those areas evaluated) Permit Flow Measurement Operations & Maintenance ® Records/Reports 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 /J x' 7- Larry ]::cost ARO 1,-7Q//828-••290"•-4500 Ext.4658/ Keith Baynes TIRO T Q/./828-296-4500/ a •.28•d� Starr Silvis ARO WQ//828-296-4500/ Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date % Roce_: C Edwards pfa !Z ARO WQ//828-295-4500/ EPA Form 3560-3 (Rev 9-94) Previous editions are obsolete. Page # 1 NPDES yr/mo/day Inspection Type 1 3I I11 1:2 117 18, _, Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) The system appears to be in good condition and is well maintained. It has not been operated in the last 12 months, due to business needs. Before the system is started the flow meter must be calibrated. Thanks to Mr. Puttick for his assistance. Page # 2 FA Permit: NCO079251 Owner - Facility: Clement Pappas plant Inspection Date: 02/22/2007 Inspection Type: Compliance Evaluation Operations & Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? ■ ❑ Cl ❑ Does the facility analyze process control parameters, for ex: MLSS, MCRT, Settleable Solids, pH, DO, Sludge ❑ ❑ ■ ❑ 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? ❑ ❑ ■ ❑ Is the facility as described in the permit? ■ ❑. ❑ ❑ # Are there any special conditions for the permit? ❑ ❑ ■ ❑ Is access to the plant site restricted to the general public? ■ ❑ ❑ ❑ Is the inspector granted access to all areas for inspection? ■ ❑ ❑ ❑ Comment: Record Keeping Yes No NA NE Are records kept and maintained as required by the permit? ®❑ Cl ❑ Is all required information readily available, complete and current? ■ ❑ ❑ ❑ Are all records maintained for 3 years (lab. reg. required 5 years)? ■ 11110 Are analytical results consistent with data reported on DMRs? ■ Cl ❑ ❑ Is the chain -of -custody complete? ❑ ❑ Cl ■ Dates, times and location of sampling . ❑ Name of individual performing the sampling ❑ Results of analysis and calibration ❑ Dates of analysis ❑ Name of person performing analyses ❑ Transported COCs ❑ Are DMRs complete: do they include all permit parameters? ■ Cl ❑ ❑ 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? Cl ❑ ■ ❑ 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? ■ ❑ Cl ❑ . Is a copy of the current NPDES permit available on site? ■ ❑ ❑ ❑ Page # 3 Permit: NC0079251 Owner - Facility: Clement Pappas plant Inspection Date: 02/22/2007 Inspection Type: Compliance Evaluation IRecoKq IZeeping Yes No NA NE Facility has copy of previous year's Annual Report on file for review? ❑ ❑ ■ ❑ Comment: De -chlorination Yes No NA NE Type of system ? Other Is the feed ratio proportional to chlorine amount (1 to 1)? ❑ ❑ ■ ❑ Is storage appropriate for cylinders? ❑ ❑ M ❑ # Is de -chlorination substance stored away from chlorine containers? ❑ ❑ ■ ❑ Comment: Are the tablets the proper size and type? ❑ ❑ ■ ❑ Are tablet de -chlorinators operational? ❑ ❑ ■ ❑ Number of tubes in use? Comment: This system uses either carbon bed filter or chemical removal of chlorine Page # 4 IC.6 j , . I �� NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Michael F. Easley, Governor William G. Ross, Jr., Secretary Alan W. Klimek, P.E., Director January 9, 2006 Mr. Blake Kehoe Clement -Pappas, NC, Inc. P. O. Box 1009 Mountain Home, NC 28758 Subject: Issuance of NPDES Permit NCO079251 Clement -Pappas, NC, Inc. Henderson County Dear Mr. Kehoe: Division personnel have reviewed and approved your application for renewal of the subject permit. Accordingly, we are forwarding the attached NPDES discharge permit. This permit is issued pursuant to the requirements of North Carolina General Statute 143-215.1 and the Memorandum of Agreement between North Carolina and the U.S. Environmental Protection Agency dated May 9, 1994 (or as subsequently amended). Please be aware that Mud Creek is listed as an impaired stream on North Carolina's 303(d) list. This means that the stream does not meet all water quality standards. Although non -point sources are the main contributor to this degradation, the Division will continue to mortitor compliance at your facility. This final permit includes no changes from the draft permit sent to you on November 9; 2005. 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. 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 512 N. Salisbury St., Raleigh, North Carolina 27604 Phone: 919-733-70151 FAX 919-733-2496 / Intemet:: h2o.enr.state.nc.us An Equal Opportunity/Affirmative Action Employer — 50% Recycled/10% Post Consumer Paper Nne orthCaroliria Naturally Mr. Blake Kehoe NPDES Permit NC0079251 Renewal p•2 If you have any questions concerning this permit, please contact Bob Sledge at telephone number (919) 733-5083, extension 547. Sincerely, l } an W. Klimek, P.E. cc: Central Files Asheville Regional Office/Surface Water Protection Section' NPDES Unit Permit NCO079251 STATE OF NORTH CAROLINA DEPARTMENT OFF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY PERMIT TO DISCHARGE WASTEWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provisions of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, Clement -Pappas NC, Inc. is hereby authorized to discharge wastewater from a facility located at 125 Industrial Park Road Mountain Home Henderson County to receiving waters designated as Mud 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 February 1, 2006. This permit and authorization to discharge shall expire at midnight on December 31, 2010. Signed this day January 9, 2006. L �04L-. lan W. Klimek, P.E., Director Division of Water Quality By Authority of the Environmental Management Commission Permit NCO079251 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. Clement -Pappas NC, Inc. is hereby authorized to:... 1. Continue to discharge non -contact cooling water through outfall 002, located at the Clement -Pappas facility at 125 Industrial Park Road, Mountain Home. in Henderson County. 2. Outfall 002 (see attached map) discharges into Mud Creek, classified C waters in the French Broad River Basin. Permit NCO079251 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 non -contact cooling water from Outfall 002. Such discharges.. shall be limited and monitored by the Permittee as specified below: �E�FLUENT ;s k,.. Yea k f "' ` A sz MONITORING RE0UIREMEN , f �z � ,.. ,�; ; ,..�'IMITS N�rf okra kwrttr 1 CHARACTERISTICS_ kh j ' Mea"s3 u.:arePmH enJt„ `'1 a m�F1'e! Lkoi atF'ot�n" lothn '�f rS` '}m.=!',�hptel'ei�'ia a�yS7 Flow .. Continuous Recording Influent or Effluent Temperature (2C)2 Semi-annually Grab Effluent Total Residual Chlorine 28 µg/L . Semi-annually. Grab Effluent pH3 Semi-annually Grab Effluent Footnotes: 1. Effluent = downgradient of chemical mixing. 2. The temperature of the effluent will be regulated so that the temperature of the receiving stream does not increase more than 2.8°C above the natural water temperature. Receiving water temperature shall not Iexceed a maximum of 29°C for mountain and upper piedmont waters. 3. 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 These monitoring requirements are applicable to discharges of non -contact cooling water only. Measurable discharges of non -contact cooling water should be clearly noted on the submitted monthly discharge monitoring report for Outfall 002. The permittee shall not add any biocides to this discharge except those approved in conjunction with . the permit application. The permittee shall notify the Director in writing at least ninety(90) days prior to instituting use of any additive in the discharge, which may be toxic to aquatic life (other than additives previously approved by the Division). Such notification shall include completion of Biocide Worksheet Form 101 (if applicable), a copy of the MSDS for the additive, and a map indicating the discharge point and receiving stream. There shall be no chromium, copper or zinc added to the discharge except as pre -approved additives to biocidal compounds. WcbENR North Carolina Department of Environment and Natural Resources Division of Water Quality Michael F. Easley, Governor . William G. Ross, Jr., Secretary Alan W. Klimek, P.E., Director January 9, 2006 Mr. Blake Kehoe FRE C E � � E Clement -Pappas, NC, Inc. O. Box 1009 I P. JAN 1 8.2006 Mountain Home, NC 28758 Subject: Issuance of NPDES Permit NCO079251 WATER E QUALITY%SECTION ASHEVILLE REGIONAL -OFFICE Clement -Pappas, NC, Inc. Henderson County Dear Mr. Kehoe: Division personnel have reviewed and approved your application for renewal of the subject permit: Accordingly, we are forwarding the attached NPDES discharge permit. This permit is issued pursuant to the requirements of North Carolina General Statute 143-215.1 and the Memorandum of Agreement between North Carolina and the U.S. Environmental Protection Agency dated May 9, 1994 (or as subsequently amended). Please be aware that Mud Creek is listed as an impaired stream on North Carolina's 303(d) list. This means that the stream does not meet all water quality standards. Although non -point sources are the main contributor to this degradation, the Division will continue to monitor compliance at your facility. This final permit includes no changes from the draft permit sent to you on November 9, 2005. 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 afier notice to the Division. The Division may require modification or revocation and reissuance of the permit. This permit does not affect . the legal requirements to obtain other permits which may be required by the Division of Water Quality or permits required by the Division of Land Resources, the Coastal Area Management Act or any other Federal or Local governmental permit that may be required. 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 One7 512 N. Salisbury St., Raleigh, North Carolina 27604 NorthCar011na Phone: 919-733-70151 FAX 919-733-2496 / Intemet:: h2o.enr.state.nc.us Vaturally'An Equal Opportunity/Affirmative Action Employer — 50% Recycled/10% Post Consumer Paper Mr. Blake Kehoe NPDES Permit NCO079251 Renewal p•2 If you have any questions concerning this permit, please contact Bob Sledge at telephone number (919) 733-5083, extension 547. Sincerely, l 1 an W. Klimek, P.E. cc: Central Files seut le ° egi n 1��fi��Su• ace W,taterfP�o ec NPDES Unit Permit NCO079251 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY PERNIIT TO DISCHARGE WASTEWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELMUNATION 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, Clement -Pappas NC, Inc. is hereby authorized to discharge wastewater from a facility located at 125 Industrial Park Road Mountain Home Henderson County, to receiving waters designated as Mud Creek in the French Broad River Basin in accordance with effluent limitations, monitoring requirements, and other conditions set forth in Parts I, II, III and IV hereof. This permit shall become effective February 1, 2006. This permit and authorization to discharge shall expire at midnight on December 31, 2010. Signed this day January 9, 2006. ilan W. Klimek, P.E., Director Division of Water Quality By Authority of the Environmental Management Commission Permit N00079251 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. Clement -Pappas NC, Inc. is hereby authorized to: 1. Continue to discharge non -contact cooling water through outfall 002, located at the Clement -Pappas facility at 125 Industrial Park Road, Mountain Home in Henderson County. 2. Outfall 002 (see attached map) discharges into Mud Creek, classified C waters in the French Broad River Basin. I Facility Information I Latitude: 35�22'30" Sub -Basin: 04-03-02 Longitude: 82�29'01" Quad Name: Fruitland Stream Class: C. Receiving Stream: Mud Creek Facility b } Location,d Clement -Pappas NC, Inc. NO N Henderson 251 Co Henderson County Permit NCO079251 . A. (1.) EFFLUENT LI IITATIONS AND MONITORING REQUIREMENTS — FINAL During the period beginning on the effective date of this permit and lasting until expiration, the Perri ittee is authorized to discharge non -contact cooling water from Outfall 002. Such discharges shall be limited and monitored by the Permittee as specified below: EFFLUENT �' 51 125�'�i'q'R� i"55, 14 try 'l�'b.a'v�s%�a7s41 8 MONITORING REQUIREMENTS aa'S zY :7 1�hiELIMITS CHARACTERISTICS r3zs a5AR4 °t, � :s � f � � �'Y r� S`." rE^i � �� �� � Fµ?��,�.�.�] � '.}t� £ T":T "�l "#v'"� $ $+FM1F lY .c `:,' :AIP�r 'F v%�..t�{3�'e+•i -: 'C•y."fr �z �` YM� rK"Lfrry �{ Monthly L{V,"'(' i""4F"�" r x3 Daly, k �}.. {J a t`'. A . YMe rmntt�Sample} ,T .:....i?"mtpR.7"", .: Sample Locat!orr, WWeekiy .sue Flow Continuous Recording Influent or Effluent Temperature (°C)z Semi-annually Grab Effluent Total Residual Chlorine 28 µg/L Semi-annually Grab Effluent pH3 Semi-annually Grab Effluent Footnotes: 1. Effluent = downgradient of chemical mixing. 2. The temperature of the effluent will be regulated so that the temperature of the receiving stream does not increase more than 2.8°C above the natural water temperature. Receiving water temperature shall not exceed a maximum of 29°C for mountain and upper piedmont waters. 3. 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 These monitoring requirements are applicable to discharges of non -contact cooling water only. Measurable discharges of non -contact cooling water should be clearly noted on the submitted monthly discharge monitoring report for Outfall 002. The permittee shall not add any biocides to this discharge except those approved in conjunction with the permit application. The pennittee shall notify the Director in writing at least ninety (90) days prior to instituting use of any additive in the discharge, which may be toxic to aquatic life (other than additives previously approved by the Division). Such notification shall include completion of Biocide Worksheet Form 101(if applicable), a copy of the MSDS for the additive, and a map indicating the discharge point and receiving stream. There shall be no chromium, copper or zinc added to the discharge except as pre -approved additives to biocidal compounds. NPDES Permit Requirements Page l of 16 PART II STANDARD CONDITIONS FOR NPDES PERMITS Section A. Definitions 2/Month Samples are collected twice per month with at least ten calendar days between sampling events. 3/Week Samples are collected three times per week on three separate calendar days. Act or "the Act" The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 USC 1251, et. seq. Annual Average The arithmetic mean of all "daily* discharges" of a pollutant measured during the calendar year. In the case of fecal coliform, the geometric mean of such discharges. Arithmetic Mean — The summation of the individual values divided by the number of individual values. Bypass The known diversion of waste streams from any portion of a treatment facility including the collection system, which is not a designed or established or operating mode for the facility. Calendar Dav The period from midnight of one day until midnight of the next day. However, for purposes of this permit, any consecutive 24-hour period that reasonably represents the calendar day may be used for sampling. Calendar 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 Dis_ ch ewe The discharge of a pollutant measured during a calendar day or any 24-hour period that reasonably represents the calendar day for purposes of sampling. For pollutants measured in units of mass, the "daily discharge" is calculated as the total mass of the pollutant discharged over the day. The "daily discharge" concentration comprises the mean concentration for a 24-hour sampling period as either a composite sample concentration or the arithmetic mean of all grab samples collected during that period. (40 CFR 122.3) Daily Maximum The highest "daily discharge" during the calendar month. Daily Sampling Parameters requiring daily sampling shall be sampled 5 out of every 7 days per week unless otherwise specified in the permit. The Division expects that sampling shall be conducted on weekdays except where holidays or other disruptions of normal operations prevent weekday sampling. If sampling is required for all seven days of the week for any permit parameter(s), that requirement will be so noted on the Effluent Limitations and Monitoring Page(s). DWQ or "the Division" The Division of Water Quality, Department of Environment and Natural Resources. EMC The North Carolina Environmental Management Commission. Facility Closure The cessation of wastewater treatment at a permitted facility, or the cessation of all activities that require coverage under the NPDES. Completion of facility closure will allow this permit to be rescinded. Geometric Mean The Nth root of the product of the individual values where N = the number of individual values. For purposes of calculating the geometric mean, values of "0" (or "< [detection level]") shall be considered =1. Grab Sample — Individual samples of at least 100 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 612012003 NPDES Permit Requirements Page 3 of 16 Months Average (concentration limitl The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar month. In the case of fecal coliform, the geometric mean of such discharges. Permit Issuing Authority The Director of the Division of Water Quality. Quarterly Average (concentration limitl The average of all samples taken over a calendar quarter. Severe property damage Substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage excludes economic loss caused by delays in production. Toxic Pollutant: Any pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act. U set An incident beyond the reasonable control of the Permittee causing unintentional and temporary noncompliance with permit effluent limitations and/or monitoring requirements. An upset does not include noncompliance caused by operational error, improperly, designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation. Weekly Average (concentration limitl The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar week. In the case of fecal coliform, the geometric mean of such -discharges. Section B. General Conditions 1. Duty to Comply The Permittee must comply with all conditions of this permit.- Any permit noncompliance constitutes a violation of the Clean Water Act and is grounds for enforcement action; for permit termination; revocation and reissuance, or modification; or denial of a permit renewal application [40 CFR 122.41]. a. The Permittee shall comply with effluent standards or prohibitions established under section 307(a) of the Clean Water Act for toxic pollutants and with standards for sewage sludge use or disposal established under section 405(d) of the Clean Water Act within the time provided in the regulations that establish these standards or prohibitions or standards for sewage sludge use or disposal, even if the permit has not yet been modified to incorporate the requirement. b. The Clean Water Act provides that any person who violates section 301, 302, 306, 307, 308, 318 or 405 of the Act, or any permit condition or limitation implementing any such sections in a permit issued under section 402, or any requirement imposed in a pretreatment program approved under sections 402(a)(3) or 402(b)(8) of the Act, is subject to a civil penalty not to exceed $25,000 per day for each violation. [40 CFR 122.41 (a) (2)] c. The Clean Water Act provides that any person who negligently violates sections 301, 302, 306, 307, 308, 318, or 405 of the Act, or any condition or limitation implementing any of such sections in a permit issued under section 402 of the Act, or any requirement imposed in a pretreatment program approved under section 402(a)(3) or 402(b)(8) of the Act, is subject to criminal penalties of $2,500 to $25,000 per day of violation, or imprisonment of not more than 1 year, or both. In the case of a second or subsequent conviction for a negligent violation, a person shall be subject to criminal penalties of not more than $50,000 per day of violation, or by imprisonment of not more than 2 years, or both. [40 CFR 122.41 (a) (2)] Version 612012003 NPDES Permit Requirements Page 4 of 16 d. Any person who knowing 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)] 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 $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 Penn ittee shall furnish to the Permit Issuing Authority, within a reasonable time, any information which the Permit Issuing Authority may request to determine whether cause exists for modifying, revoking and reissuing, or terminating this permit or to determine compliance with this permit. The Permittee shall also furnish to the Permit Issuing Authority upon request, copies of records required by this permit [40 CFR 122.41 (h)]. 9. Duty to Reapply If the Permittee wishes to continue an activity regulated by this permit after the expiration date of this permit, the Permittee must apply for and obtain a new permit [40 CFR 122.41 (b)]. 10. Expiration of Permit The Permittee is not authorized to discharge after the expiration date. In order to receive automatic authorization to discharge beyond the expiration date, the Permittee shall submit such information, forms, and fees as are required by the agency authorized to issue permits no later, than 180 days prior to the expiration date. Any Permittee that has not requested renewal at least 180 days prior to expiration, or any Permittee that does not have a permit after the expiration and has not requested renewal at least 180 days prior to expiration, will subject the Permittee to enforcement procedures as provided in NCGS 143-215.6 and 33 USC 1251 et. seq. 11. Signatory Requirements All applications, reports, or information submitted to the Permit Issuing Authority shall be signed and certified [40 CFR 122.41 (k)]. a. All permit applications shall be signed as follows: (1) For a corporation: by a responsible corporate officer. For the purpose of this Section, a responsible corporate officer means: (a) a president, secretary, treasurer or vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision making functions for the corporation, or (b) the manager of one or more manufacturing, production, or operating facilities, provided, the manager is authorized to make management decisions which govern the operation of the regulated facility including having the explicit or implicit duty of making major capital investment recommendations, and initiating and directing other comprehensive measures to assure long term environmental compliance with environmental laws and regulations; the manager can ensure that the necessary systems are established or actions taken to gather complete and accurate information for permit application requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures . (2) For a partnership or sole proprietorship: by a general partner or the proprietor, respectively; or (3) For a municipality, State, Federal, or other public agency: by either a principal executive officer or ranking elected official [40 CFR 122.22]. b.. All reports required by the permit and other information requested by the Permit Issuing Authority shall be signed by a person described in paragraph a. above or by a duly authorized representative of that person. A person is a duly authorized representative only if- 1 . The authorization is made in writing by a person described above; 2. The authorization specified either an individual or a position having responsibility for the overall operation of the regulated facility or activity, such as the position of plant manager, operator of a well or well field, superintendent, a position of equivalent responsibility, or an individual or position having overall responsibility for environmental matters for the company. (A duly authorized representative may thus be either a named individual or any individual occupying a named position.); and 3. The written authorization is submitted to the Permit Issuing Authority [40 CFR 122.22] Version 612012003 NPDES Permit Requirements Page 6 of 16 c. Changes to authorization: If an authorization under paragraph (b) of this section is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, a new authorization satisfying the requirements of paragraph (b) of this section must be submitted to the Director prior to or together with any reports, information, or applications to be signed by an authorized representative [40 CFR 122.22] & Certification. Any person signing a document under paragraphs a. or b. of this section shall make the following certification [40 CFR 122.22]: I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations. " 12. Permit Actions This permit may be modified, revoked and reissued, or terminated for cause. The filing of a request by the Permittee for a permit modification, revocation and reissuance, or termination, or a notification of planned changes or anticipated noncompliance does not stay any permit condition [40 CFR 122.41 (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. - Oneration and Maintenance of Pollution Controls 1. Certified Operator Upon classification of the permitted facility by the Certification Commission, the Pemzittee 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 charger a. Within 60 calendar days prior to wastewater being introduced into a new system Version 612012003 NPDES Permit Requirements Page 7 of 16 b. Within 120 calendar days of: ➢ Receiving notification of a change in the classification of the system requiring the designation of a new ORC and back-up ORC ➢ A vacancy in the position of ORC or back-up ORC. 2. Proper Operation and Maintenance The Permittee shall at all times provide the operation and maintenance resources necessary to operate the existing facilities at optimum efficiency. The Permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the Permittee to achieve compliance with the conditions of this permit. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures. This provision requires the Permittee to install and operate backup or auxiliary facilities only when necessary to achieve compliance with the conditions of the permit [40 CFR 122.41 (e)]. 3. Need to Halt or Reduce not a Defense It shall not be a defense for a Permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the condition of this permit [40 CFR 122.41 (C)]- 4. Bypassing of Treatment Facilities a. Bypass not exceeding limitations [40 CFR 122.41 (m) (2)] The Permittee may allow any bypass to occur which does not cause effluent limitations to be exceeded, but only if it also is for essential maintenance to assure efficient operation. These bypasses are not *subject to the provisions of Paragraphs b. and c. of this section. - b. Notice [40 CFR 122.41 (m)'(3)] (1) Anticipated bypass. If the Permittee knows in advance of the need for a bypass, it shall submit prior notice, if possible at least ten days before the date of the bypass; including an evaluation of the anticipated quality and effect of the bypass. (2) Unanticipated bypass. The Permittee shall submit notice of an unanticipated bypass as required in Part II. E. 6. (24-hour notice). c. Prohibition of Bypass (1) Bypass from the treatment facility is prohibited and the Permit Issuing Authority may take enforcement action against a Permittee for bypass, unless: (A) Bypass was unavoidable to prevent loss of life, personal injury or severe property damage; (B) There were no feasible alternatives to the bypass, such as the.use of auxiliary treatment facilities, retention of untreated wastes or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate backup equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and (C) The Permittee submitted notices as required under Paragraph b. of this section. (2) Bypass from the collection system is prohibited and the Permit Issuing Authority may take enforcement action against a Permittee for a bypass as provided in any current or future system -wide collection system permit associated with the treatment facility. (3) The Permit Issuing Authority may approve an anticipated bypass, after considering its adverse effects, if the Permit Issuing Authority determines that it will meet the three conditions listed above in Paragraph c. 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 612012003 NPDES Permit Requirements Page 8 of 16 noncompliance was caused by upset, and before an action for noncompliance, is final administrative action subject to judicial review. b. Conditions necessary for a demonstration of upset: A Permittee who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that: (1) An upset occurred and that the Permittee can identify the cause(s) of the upset; (2) The Permittee facility was at the time being properly operated; and (3) The Permittee submitted notice of the upset as required in Part II. E. 6. (b) (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 (j)]. 2. Reporting Monitoring results obtained during the previous month(s) shall be summarized for each month and reported on a monthly Discharge Monitoring Report (DMR) Form (MR 1, 1.1, 2, 3) or alternative forms approved by the Director, postmarked no later than the 28th day following the completed reporting period. The first DMR is due on the last day of the month following the issuance of the permit or in the case of a new facility, on the last day of the month following the commencement of discharge. Duplicate signed copies of these, and all other reports required herein, shall be submitted to the following address: NC DENR / Division of Water Quality / Water Quality Section ATTENTION: Central Files 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Version 612012003 NPDES Permit Requirements Page 9 of 16 3. Flow Measurements Appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected and used to ensure the accuracy and reliability of measurements of the volume of monitored 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 122.41]: a. The date, exact place, and time of sampling or measurements; b. The individual(s) who performed the sampling or measurements; c. The date(s) analyses were performed; d. The individual(s) who performed the analyses; Version 612012003 NPDES Permit Requirements Page 10 of 16 e. The analytical techniques or methods used; and f. The results of such analyses. 8. Inspection and Entry The Permittee shall allow the Director, or an authorized representative (including an authorized contractor acting as a representative of the Director), upon the presentation of credentials and other documents as may be required by law, to; a. Enter upon the Permittee's premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of this permit; b. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this permit; c. Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this permit; and d. Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise authorized by the Clean Water Act, any substances or parameters at any location [40 CFR 122.41 (i)]. Section E Reporting Requirements 1. Change in Discharge All discharges authorized herein shall be consistent with the terms and conditions of this permit. The discharge of any pollutant identified in this permit more frequently than or at a level in excess of that authorized shall constitute a violation of the permit. 2. Planned Changes The Permittee shall give notice to the Director as 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) 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 122.410) (4)]. a. Monitoring results must be reported on a Discharge Monitoring Report (DMR) (See Part II. D. 2) or forms provided by the Director for reporting results of monitoring of sludge use or disposal practices. b. If the Permittee monitors any pollutant more frequently than required by this permit, the results of such monitoring shall be included in the calculation and reporting of the data submitted on the DMR. Version 612012003 NPDES Permit Requirements Page 11 of 16 6. Twenty-four Hour Reporting a. The Permittee shall report to the Director or the appropriate Regional Office any noncompliance that potentially threatens public health or the environment. Any information shall be provided orally within 24 hours from the time the Permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the Permittee becomes aware of the circumstances. The written submission shall contain a description of the noncompliance, and its cause; the period of noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance [40 CFR 122.410) (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 Permuttee 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 Resorts Except for data determined to be confidential under NCGS 143-215.3 (a)(2) or Section 308 of the Federal Act, 33 USC 1318, all reports prepared in accordance with the terms shall be available for public inspection at the offices of the Division of Water Quality. As required by the Act, effluent data shall not be considered confidential. Knowingly making any false statement on any such report may result in the imposition of criminal penalties as provided for in NCGS 143-215.1 (b)(2) or in Section 309 of the Federal Act. 11. Penalties for Falsification of Reports The Clean Water Act provides that any person who knowingly makes any false statement, representation, or certification in any record or other document submitted or required to be maintained under this permit, including monitoring reports or reports of compliance or noncompliance shall, upon conviction, be punished by a fine of Version 612012003 NPDES Permit Requirements Page 12 of 16 not more than $25,000 per violation, or by imprisonment for not more than two years per violation, or by both [40 CFR 122.41]. 12. Annual Performance Reports Permittees who own or operate facilities that collect or treat municipal or domestic waste shall provide an annual report to the Permit Issuing Authority and to the users/customers served by the Permittee (NCGS 143-215.1C). The report shall summarize the performance of the collection or treatment system, as well as the extent to which the facility was compliant with applicable Federal or State laws, regulations and rules pertaining to water quality. The report shall be provided no later than sixty days after the end of the calendar or fiscal year, depending upon which annual period is used for evaluation. PART III OTHER REQUIREMENTS Section A. Construction The Permittee shall not commence construction of wastewater treatment facilities, nor add to the plant's treatment capacity, nor change the treatment process(es) utilized at the treatment plant unless the Division has issued an Authorization to Construct (AtC) permit. Issuance of an AtC will not occur until Final Plans and Specifications for the proposed constriction 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"; () 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 612012003 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 (POTWs) All POTWs must provide adequate notice to the Director of the following. 1. Any new introduction of pollutants into the POTW from an indirect discharger which would be subject to section 301 or 306 of CWA if it were directly discharging those pollutants; and of pollutants being introduced by an indirect discharger 2. Any substantial change in the volume or character 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. Municigal 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 NPDES Permit Requirements Page 14 of 16 Division a Pretreatment Program for approval per 15A NCAC 2H .0907(a) or modify an existing Pretreatment Program per 15A NCAC 2H .0907(b). 5. This permit shall be modified, or alternatively, revoked and reissued, to incorporate or modify an approved POTW Pretreatment Program or to include a compliance schedule for the development of a POTW Pretreatment Program as required under Section 402(b)(8) of the Clean Water Act and implementing regulations or by the requirements of the approved State pretreatment program, as appropriate. Section C. Pretreatment Programs Under authority of sections 307(b) and (c) and 402(b)(8) of the Clean Water Act and implementing regulations 40 CFR Part 403, North Carolina General Statute 143-215.3 (14) and implementing regulations 15A NCAC 2H .0900, and in accordance with the approved pretreatment program, all provisions and regulations contained and referenced in the Pretreatment Program Submittal are an enforceable part of this permit. The Permittee shall operate its approved pretreatment program in accordance with Section 402(b)(8) of the Clean Water Act, the Federal Pretreatment Regulations 40 CFR Part 403, the State Pretreatment Regulations 15A NCAC 2H .0900, and the legal authorities, policies, procedures, and financial provisions contained in its pretreatment program submission and Division approved modifications there of. Such operation shall include but is not limited to the implementation of the following conditions and requirements: 1. Sewer Use Ordinance (SUO) The Permittee shall maintain adequate legal authority to implement its approved pretreatment program. 2. Industrial Waste Surveyy(IWS) The Permittee shall update its Industrial Waste Survey (IWS) to include all users of the sewer collection system at least once every five years. 3. Monitoring Plan The Permittee shall implement a Division approved Monitoring Plan for the collection of facility specific data to be used in a wastewater treatment plant Headworks Analysis (HWA) for the development of specific pretreatment local limits. Effluent data from the Plan shall be reported on the DMRs (as required by Part II, Section D, and Section E.S.). 4. Headworks Analysis (HWA) and Local Limits The Permittee shall obtain Division approval of a Headworks Analysis (HWA) at least once every five years, and as required by the Division. Within 180 days of the effective date of this permit (or any subsequent permit modification) the Permittee shall submit to the Division a written technical evaluation of the need to revise local limits (i.e., an updated HWA or documentation of why one is not needed) [40 CFR 122.42]. The Permittee shall develop, in accordance with 40 CFR 403.5(c) and 15A NCAC 2H -.0909,ifi specific Local Limits to implement the prohibitions listed in 40 CFR 403.5(a) and (b) and 15A NCAC 2H .0909. Industrial User Pretreatment Permits (!UP) & 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 6. Authorization to Construct (A to Q The Permittee shall ensure that an Authorization to Construct permit (AtC) is issued to all applicable industrial users for the construction or modification of any pretreatment facility. Prior to the issuance of an AtC, the proposed pretreatment facility and treatment process must be evaluated for its capacity to comply with all Industrial User Pretreatment Permit (IUP) limitations. 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 Retorting The Permittee shall require all industrial users to comply with the applicable monitoring and reporting requirements outlined in the Division approved pretreatment program, the industry's pretreatment permit, or in 15A NCAC 2H .0908. 9. Enforcement Response Plan (ERP) The Permittee shall enforce and obtain appropriate remedies for violations of all pretreatment standards promulgated pursuant to section 307(b) and (c) of the Clean Water Act (40 CFR 405 et. seq.), prohibitive discharge standards as set forth in 40 CFR 403.5 and 15A NCAC 2H .0909, and specific local limitations. All enforcement actions shall be consistent with the Enforcement Response Plan (ERP) approved by the Division. 10. Pretreatment Annual Reports (PAR) The Permittee shall report to the Division in accordance with 15A NCAC 2H .0908. In lieu of submitting annual reports, Modified Pretreatment Programs developed under 15A NCAC 2H .0904 (b) may be required to meet with Division personnel periodically to discuss enforcement of pretreatment requirements and other pretreatment implementation issues. For all other active pretreatment programs, the Permittee shall submit two copies of a Pretreatment Annual Report (PAR) describing its pretreatment activities over the previous twelve months to the Division at the following address: NC DENR / DWQ / Pretreatment Unit 1617 Mail Service Center Raleigh, NC 27699-1617 These reports shall be submitted according to a schedule established by the Director and shall contain the following. a.) Narrative A brief discussion of reasons for, status of, and actions taken for all Significant Industrial Users (SIUs) in Significant Non -Compliance (SNC); b.) Pretreatment Program Sumtnar(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 CIDSF) Version 612012003 NPDES Permit Requiremexits Page 16 of 16 . Monitoring data from samples collected by both the POTW and the Significant Industrial User (SIU). These analytical results must be reported on Industrial Data Summary Forms (IDSF) or other specific format approved by the Division; e.) Other Information Copies of the POTW's allocation table, new or modified enforcement compliance schedules, public notice of SIUs in SNC, and any other information, upon request, which in the opinion of the Director is needed to determine compliance with the pretreatment implementation requirements of this permit; 11. Public Notice The Permittee shall publish annually a list of Significant Industrial Users (SIUs) that were in Significant Non -Compliance (SNC) as defined in the Permittee's Division approved Sewer Use Ordinance with applicable pretreatment requirements and standards during the previous twelve month period. This list shall be published within four months of the applicable twelve-month period. 12. Record Keeping The Permittee shall retain for a minimum of three years records of monitoring activities and results, along with support information including general records, water quality records, and records of industrial impact on the POTW. 13. Funding and Financial Report The Permittee shall maintain adequate funding and staffing levels to accomplish the objectives of its approved pretreatment program. 14. Modification to Pretreatment Programs Modifications to the approved pretreatment program including but not limited to local limits modifications, POTW monitoring of their Significant Industrial Users (SIUs), and Monitoring Plan modifications, shall be considered a permit modification and shall be governed by 15 NCAC 2H .0114 and 15A N CAC 2H.0907.. Version 612012003 ;Zoos'0 Z c gz- CI.EMBNT•PAPP.AS 8/01/05 DEHNR Larry Frost 2090 US Hwy 70 Swannanoa, NC 28778 Re: Cranberry Juice Spill- 7/30/05 Larry, On Saturday July 30' at approx 4:00 PM, I was informed that a seal on a tank had leaked and some of the juice from the tank went into an unsealed drain, allowing single strength cranberry juice to get to an un-named tributary of Mud Creek. I immediately had our people get our pump truck and pump all of the juice we could out of the tributary. I estimate we ended up losing 5-10 gallons of juice that was non -recoverable in the creek. The drain has since been sealed permanently with concrete and any further failures of a tank seal will be contained within that area of the plant and directed to our waste collection system for disposal. As requested attached is a copy of our spill response plan (11.0) If you should have any questions, please call. Thanks, Blake Kehoe Plant Manager PO Box 1009, Mtn Home, NC 28758 828-693-0711 Q EcEE vE D� AUG - 3 2005 WATER QUALITY SECTION ASHEVILLE REGIONAL OFFICE Company Information 1. Company: RE u LAUG -3 200 WATER QUALITY SECTION ASHEVILLE REGIONAL OFFICE Clement Pappas NC, Inc. Mailing Address: P. O. Box 1009 Shipping Address: 125 Industrial Park Road Mountain Home, NC 28758 2. Emergency Coordinator Name: Blake Kehoe Title: Plant Manager Telephone: Work 828 693 0711 Home 828 8919914 Cell 828 243 9572 3. Reporting a Fire or Other Emergency Alternate: Name: David Jones Title: Maintenance Manager Telephone: 828-693-0711 Work 828-687-2968 Home 828-243-0021 Cell In case of fire or release of a hazardous chemical (ammonia) pull fire alarm handle, then dial 9-911 if possible. 4. Response to an Emergency Situation: In case of fire or release of a hazardous chemical, all employees are directed to evacuate the plant and wait for outside emergency response assistance. Evacuation procedures are described on the following pages. 5. Availability of Written Plan The employee emergency and fire protection plan is available for review by any employee at any time. Any employees desiring to do so may contact their supervisor or the Emergency Coordinator for further information or explanation of duties under the plan. Z !� 47Z Clement Pappas NC, Inc. EMERGENCY ACTION PLAN 1.0 Evacuation Procedures: In the event that the emergency fire alarm signal is sounded, all employees should leave the plant quickly and orderly through the nearest safe exit and proceed to the designated rally point at the far corner of the main employee parking lot. No employee will fight the fire. Fire extinguishers will be used only if needed to attain the escape route. Move away from the exit doors quickly so as not to hamper any emergency operations. When moving through the parking lot to the rally point, be alert for emergency vehicles which may be responding to the situation. Locations of emergency exits are shown on the drawing included in this plan and posted at various locations throughout the plant. All employees are required to proceed to the designated rally point so that a head count can be made and everyone can be accounted for. This procedure is covered in Section 3 of this report. Certain designated employees will remain behind to carry out shut -down operations before they too must evacuate the building. These designated employees will be properly trained in what to do in case of an emergency. These procedures are covered in Section 4 of this report. All Department Supervisors and Managers have been trained to assist in the safe and orderly evacuation of the plant. 2.0 Emergency Escape Routes: Evacuation routes have been established for the various areas in the plant. Depending on employee location, the nearest exit should be taken during an emergency situation. A copy of the escape route procedure is posted in each work area and each employee has been instructed as to what route to follow and where to go in case of a fire or other emergency. A copy of the escape route procedure is included in the appendix. In the event that an employee is assigned to a new department, the supervisor of that department will instruct the employee in the escape procedure to follow for the new work area. 3.0 Employee Accountability: In making an evacuation, it is extremely important to make sure that all employees are accounted for and that no one is left behind in the building. Before leaving, the Supervisor of each department (or his designee) must check each room or enclosed space to make sure that no one is trapped or otherwise unable to evacuate and render assistance as required. The Supervisor must then proceed to the rally point and make a head count of his or her employees. Each employee in an assigned work area will be accounted for by name. The Supervisor will then notify the Emergency Coordinator (or Alternate) that all employees have been accounted for. During the evacuation process, the Emergency Coordinator (or Alternate) will be stationed at the rally point at the far corner of the main parking lot to receive status reports. 4.0 Shutdown Procedures: Certain plant operations and manufacturing processes must be shut down in an orderly manner in the event that an evacuation is necessary. In all areas of the plant, those employees who operate equipment should shut down the machine they are operating before leaving the plant. All other employees should leave immediately. Those employees who will be performing shutdown operations have been trained in the proper procedures so that their safety can be assured in carrying out their assignment. 5.0 Fire Alarm System: In the event of a fire or other emergency which requires evacuation of the plant, a fire alarm horn will be sounded. The fire alarm horn is a distinctive signal that is only used for this purpose, and is to be recognized as a signal to evacuate the work area or perform actions designated under the emergency action plan. From time to time, evacuation drills will be conducted in order to test the reliability of the fire alarm system and as a means to provide continuous training for employees to ensure their understanding of evacuation procedures. The fire alarm hom may be activated in one of several ways — manual pull down stations, heat sensors, smoke detectors, or the sprinkler system. In any case, when the alarm sounds, all employees are to carry out evacuation procedures. Any employee who observes a fire, a chemical release, or other emergency which requires outside response is instructed to pull the nearest fire alarm handle, then dial 9-911 if possible to report the incident, then follows the evacuation procedure by leaving the plant at the nearest safe exit. There are four pull box stations in the plant at the following locations: a. Production Department — on the wall beside the main employee entrance. b. Receiving Warehouse — on the wall next to the four receiving docks. c. Processing Department — beside the overhead door, next to the Maintenance Shop. d. Shipping Warehouse — on the wall next to the shipping docks. The alarm circuitry in the plant is continuously monitored to detect any malfunctions that may exist, such as a broken wire or loss of sprinkler system water pressure. The monitoring panel is located at the main employee entrance, just inside the entry doors. If a fault should occur, an audible sound will occur and the location of the fault will be displayed. In addition, a, signal is automatically sent to the In firm who installed and maintains the system, so that the fault condition can be repaired. 6.0 In an emergency situation, it may become necessary to perform medical duties including first aid treatment. All company employees assigned to perform such duties have been trained to carry out their responsibilities properly and safely. A conscious effort is made to have these trained employees assigned so as to have these skills available on all shifts. A current list of employees trained in First Aid and CPR is included in the Appendix. Location of First Aid Supplies Quality Control Lab Quality Control Can Lab Shipping Warehouse Plant Maintenance Shop Production Maintenance Shop Motor Room Location of Emergency Eye Wash Stations East end of Production Department Refrigeration Engine Room Plant Maintenance Shop Shipping Warehouse Quality Control Lab Boiler Room Processing Department near presses Blending Sanitation Cage Shipping Warehouse Battery changing area Forklift Shop A copy of the plant layout drawing is included in the Appendix to illustrate locations of first aid supplies and emergency eye wash stations as well as other emergency equipment. Copies of this drawing are also posted at various locations in the plant to notify all employees. 7.0 WORKPLACE FIRE HAZARD PROCEDURES: 7.1 Flammable Material Storage Flammable materials such as cleaning solvents and oils are used in four main locations - the plant Maintenance Shop, the Production Maintenance Shop, the Lift Truck Repair Shop and the Parts Room. In additions, certain flammable chemicals are used in the Quality Control Laboratory. In each of these locations, a UL approved flammable material storage cabinet is provided for storage of the flammable materials so as to protect the materials from any heat or ignition sources. Employees who may use these materials have been instructed in the hazards associated with them and in the proper handling and storing procedures. 7.2 Propane Storage Portable tanks used for lift truck operations are kept in approved storage racks. All lift truck drivers are responsible for filling their own tanks and have been trained, in the proper procedure for handling and filling them. All lift trucks are equipped with fire extinguishers and the drivers have been instructed in their use. 7.3 Welding and Cutting Operations All welding and cutting operations are performed by qualified Maintenance Mechanics who have been trained in those procedures necessary to assure that the welding equipment is maintained in good order and that the work is done in a safe manner. In most cases, work is brought to one of two designated areas for cutting or welding — the Plant Maintenance Shop or the Production Maintenance Shop. If work cannot be moved to one of those areas, then necessary precautions must be taken at the work site to either remove combustible materials from the area or provide protection for those materials so that welding or cutting sparks would not cause a fire to be started. If necessary, a fire watcher will be available at the work site. All portable welding equipment is provided with fire extinguishers, and Maintenance personnel are instructed in their use. 7.4 Battery Charging Electrically powered lift trucks are used in the Shipping Warehouse. There is no inherent hazard with finished product stored in the Warehouse but there are precautions necessary for battery charging. A designated area is provided for this purpose. All lift truck drivers have been instructed in the proper procedure for handling and charging of batteries. Precautions have been taken to prevent sparks or electric arcs in this area and fire protection equipment is readily available. 7.5 Smoking policy Smoking is prohibited in the plant. This policy essentially eliminates smoking as a potential ignition source in the plant. 7.6 Fire Protection Equipment The Receiving Warehouse including the Parts Room and Production Maintenance Shop, Blending Department, Processing Department, Boiler Room, Label Room and Plant Maintenance Shop are all protected by a sprinkler system. All other areas of the plant including those just mentioned are provided with portable fire extinguishers. Hose stations are located in the Receiving Warehouse. Portable fire extinguishers are inspected monthly. If an extinguisher has been used to control a minor fire, it must be turned in to the Parts Room for servicing and a report must be made out as to why it was discharged. This procedure provides a means to investigate the factors involving the incident to see if something is lacking in the fire prevention plan and take steps to correct these problems. A plant layout drawing is included in the Appendix to illustrate the location of fire extinguishers and other fire protection equipment. 7.7 Control of Fuel Source Hazards 7.71 Propane Storage The propane storage tank is located outside the building in a fenced -area, approximately 100 feet from the building. Access to the tank and filling equipment is limited to those personnel involved in filling portable tanks for lift truck operation. The tank and filling equipment is owned by the supplier of propane who is responsible for regular inspections and maintenance of the equipment. 7.72 Natural Gas Inspection of the natural gas regulator, meter and associated equipment at the gas entry point is performed by the Public Gas Service Company. Checking for leaks or other equipment problems is part of their weekly checklist. 7.73 Fuel Oil The supply point for fuel oil is an above ground storage tank located near the Scales. The fuel oil pump, lines and filter are checked for leaks on a daily basis by Plant Maintenance Department personnel. 8.0 HOUSEKEEPING PROCEDURES Flammable and ignitable waste materials must be controlled and disposed of so that such materials do not accumulate and become a fire hazard or contribute to the severity of a fire. Control of these materials is accomplished as follows: A. Ordinary Trash Waste paper, plastic wrapping, bags, containers and miscellaneous trash are placed in containers provided for that purpose. When a trash container is filled, it is taken to the trash dumpster outside the plant and emptied. Dumping of trash containers and the dumpster itself is a daily activity. B. Cardboard Waste Cardboard is a recyclable material and it is separated from other forms of trash so that it can be placed in compactor. C. Wood Pallets Wood pallets accumulate in the Receiving Warehouse until a truckload quantity is reached and they are then sent back to the supplier of packaging materials. Pallets returned to the Shipping Warehouse are sorted and reused on an ongoing basis. Those pallets that are not usable due to damage are taken outside the plant so that they do not accumulate inside the plant. D. Plastic Drums Plastic chemical product drums are rinsed, have holes drilled in them and are then taken to the trash dumpster for disposal. This is done on a routine basis when 4 — 8 empty drums are accumulated. Drums from juice products are stored outside the building for resale and/or use. 9.0 MAINTENANCE OF CONTROL EQUIPMENT Two forced draft boilers are in operation at the plant. Both are equipped with an air pressure switch requiring that positive pressure must exist before ignition can occur. In addition, both boilers are equipped with flame failure controls which will shut down the boilers if flame failure should occur. These devices are visually inspected daily by Plant Maintenance Department personnel. An outside engineering firm is engaged to perform quarterly inspections of boiler efficiency and safety devices. 10.0 EMPLOYEE TRAINING Employee training is involved in every aspect of the emergency action plan. Each section of this plan includes some phase of training. Initial training is done at the time an employee is hired and includes such activities as escape routes, evacuation of the building, how to report a fire and proper response to the fire alarm system. Additional training may be required when an employee is assigned to another department or work area. This training is normally done by the Supervisor of the department and includes such items as location of exits, where the pull boxes are located and any special hazards relating to materials or processes the employee may be exposed to. In the event that it becomes necessary to revise the emergency action plan due to changes in the workplace or changes in the law, all employees will receive additional training to ensure their protection in the event of an emergency. 11.0 SPILL REPORT PROCEDURE 11.1 INCIDENTAL RELEASE An incidental release or spill of a hazardous substance wholly contained on the concrete floor of the facility where the substance can be absorbed, neutralized, or otherwise controlled at the time of release by employees in the immediate release area is not considered to be an emergency response. 11.2 ENVIRONMENTAL RELEASE .�� X74 ;ZS a� A release of a hazardous chemical into the environment requires that a �Trtf& made if the release exceeds the reportable quantity for that substance. Notification must be made to the local emergency planning commission and to the State emergency response commission. Emergency phone numbers are: Local Emergency Planning Commission 693-8411 State Emergency Response Commission 800-662-7956 (Non -business hours) 919-733-5291 (Business hours) National Response Center 800-424-8802 11.3 CONTENTS OF REPORT 1. Name of chemical and Chemical Abstract Service number 2. An indication of whether the substance is extremely hazardous 3. An estimate of the quantity released into the environment 4. Time and duration of the release 5. The medium into which the release occurred (air, stream, ground). 6. Any known or anticipated acute or chronic health risks 7. Proper precautions such as. evacuation 8. Name and telephone number of contact person 11.4 AMMONIA RELEASE The refrigeration system at this plant uses ammonia as the refrigerant. By its nature, an accidental release of ammonia may pose some hazards which would not be present with a release of the other chemicals we have in the plant. First of all, ammonia has a very pungent, noxious odor which has an immediate effect on the respiratory system. Secondly, the ammonia is under pressure in the . refrigeration system, so even a very small leak can produce a large cloud of fumes. While we have many other chemicals in the plant, none of them would be expected to produce the same effects as ammonia; therefore special consideration is required to handle emergency situations involving ammonia. An ammonia release would be treated the same as any other hazardous chemical. If the release is small, confined to the immediate release area, and can be controlled by maintenance personnel, it is an incidental release and is not considered to be an emergency response situation. A catastrophic release such as might occur due to a ruptured ammonia line or pressurized vessel, a fire in the refrigeration room, or any uncontrolled situation in which the airborne ammonia concentration exceeds" 50 PPM requires that the plant alarm be sounded and the plant be evacuated so that outside assistance can be called in. Depending on where a release occurs in the plant, it is possible that some exits may be blocked from safe travel. In this case, all employees should be aware of alternative exits. The operation of the refrigeration equipment is monitored daily by a maintenance mechanic who makes regular checks on the equipment and keeps it in good repair. This mechanic is trained in the operation of the system as well as in emergency procedures. In addition, the refrigeration equipment has safety devices which continuously monitor the operation and provide a warning to plant personnel should some type of failure occur so that corrective action can be taken before an emergency situation develops. EMERGENCY NUMBERS C. EMERGENCY COORDINATOR Blake Kehoe Business 828 693 0711 Home 828 8919914 Cell 828 243 9572 ALTERNATE EMERGENCY COORDINATOR David Jones Business 828 693 0711 Home 828 687 2968 Cell 828 243 0021 EMERGENCY CALL LIST David Jones 828 687 2968 Blake Kehoe 828 8919914 C. EMERGENCY PHONE NUMBERS Park Ridge Hospital Pardee Hospital Mtn Home Fire Department Hendersonville Police Department Henderson County Sheriff's Department North Carolina Highway Patrol Poison Control Hendersonville Water Department Nights, Sundays & Holidays Duke Power Company PSNC (gas) 684-8501 696-1000 9-911 697-3025 693-4911 693-4141 800 848 6946 6973073 891-7779 6973400 6920511 (Villi YGIgRoMi�"h'ael F. E��s_leey,, Governor '. ss J-r., Secretary North Carolina Departmegt "Ivironment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality SURFACE WATER PROTECTION September 27, 2005 Mr. Blake Kehoe Clement Pappas NC Inc - Post Office'Box 1009 Mountain Home, North Carolina 28758 SUBJECT: Evaluation Inspection Clement Pappas NC Inc Permit No: NCO079251 Permit No. NCGO60161 Henderson County Dear Mr. Kehoe: Asheville Regional Office Enclosed please find a copy of. the Compliance Evaluation Inspection forms from the inspection conducted on September 20, 2005. Larry Frost of the Asheville Regional Office conducted the Compliance Evaluation Inspection. The facility was found to be in Compliance with permits NCO079251 and NCG060161. . 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.4658, Sincerely, La ost nvironmental Chemist Enclosure cc: Central Files Asheville Files NNaoe Carolina turally 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 C q Washington, D.C. 20460 Form Approved. P f_P1 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 U 2 L_J 31 NC0079251 111 121 05/09/20 17 18 U 19 U 20 u Remarks 21liiiiiiiiiii1'iiiiiiiiiiiliiiiiiiiliiJill iliiiiiss Inspectjon Work Days Facility Self -Monitoring Evaluation Rating 131 QA ----Reserved------ -- 67I i 69 70 LJ 71 U -72 U 73 W 74 751 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) Clement Pappas plant 09:00 AM 05/09/20 01/02/01 Exit.Time/Date Permit Expiration Date 125 Industrial Blvd Mountain Home NC 28758 09:45 AM 05/09/20 05/12/31 Name(s) of Onsite Representative(s)lfitles(s)/Phone and Fax Number(s) Other Facility Data Name, Address of Responsible OfficiaVritle/Phone and Fax Number Contacted Blake Myles Kehoe,P 0 Box 1009 Mountain Home NC 28758//828-693-0711/ Yes Section C: Areas Evaluated During Inspection (Check only those areas evaluated) Permit Flow Measurement Operations & Maintenance Facility Site Review Section D: Summary of Find in/Comments Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s) and Signature(s) of Inspector(s) Agency/Office/Phone and Fax Numbers Date Larry Frost ARO WQ//828-296-4500 Ext.4658/ A 71� Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers at. Roger C Edwards 828-296-4500 Ext.4656/ ( EPA Form 356073 (Rev 9-94) Previous editions are obsolete. NPDES yr/mo/day Inspection Type ) dpou/ * 2 3I NC0079251 I11 12I 05/09/20 I17 18p i Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) ' The water discharged via outfall 002 is non -contact cool ing water used excluseivly on production line number 2 cooler, at this time. The plant never mixes the discharged water with regular process cooling water and only discharges occasionally, not a routine operation, this is a once through process. Once used the water is pumped to and filtered through carbon filters, metered, treated with sulfite liquid and chlorine level monitored. No biocides are in used. The water is then discharged. The system appears to be well maintained, controled and operated. The monitoring requirements are being met. The flow meter is calibrated annually, by plant personnel. Permit: NCO079251 Owner - Facility: Clement Pappas plant Inspection Date: 09/20/2005 Inspection Type: Compliance Evaluation Permit (If the present permit expires in 6 months or less). Has the permittee stpmitted a new application? Yes No NA N ❑ ❑ ❑ Is the facility as described in the permit? 0 ❑ 0 ❑ Are there any special conditions for the permit? ❑ ❑ ❑ Is access to the plant site restricted to the general public? M ❑ ❑ ❑ Is the inspector granted access to all areas for inspection? ❑ ❑ ❑ Comment: - Operations & Maintenance Is the plant generally clean with acceptable housekeeping? Yes No ❑ NA N ❑ ❑ Does the facility analyze process control parameters, for ex: MLSS, MCRT, Settleable Solids, pH, DO, Sludge Judge, ❑ ❑ M ❑ and other that are applicable? Comment: De Yes -chlorination Type of system ? No Liquid NA NE Is,the feed ratio proportional to chlorine amount (1 to 1)? ❑ ❑ ❑ ,Is storage appropriate for cylinders? ❑ ❑ ❑ Is de -chlorination substance stored away from chlorine containers? M ❑ ❑ ❑ Comment: Are the tablets the proper size and type! ❑ ❑ ❑ Are tablet de -chlorinators operational? ❑ ❑ M Cl Number of tubes in use? Is the feed ratio proportional to chlorine appropriate? (Approximately ratio 1:1) ❑ ❑ ❑ Comment: United States Environmental Protection Agency Form Approved. Ep q Washington, D.C. 20460 PA OMB No. 2040-0057 Water Compliance Inspection Report Approval expires 8-31-98 Section A: National Data System Coding (i.e., PCS). Transaction Code NPDE.S yroo/day, , Inspection Type Inspector Fac Type 1 u 2 U 31 NCG060161 1 11 121 05/09/20 117 18 U 19 U 20 U Remarks 21111I III I I I I I III I I I I I 1-1111111 11111111 11111111 11166 ,Inspection Work Days Facility Self -Monitoring Evaluation Rating 81 CIA ---------- -------Reserved----------- 671 1 69 70 U 71 U 72 U 73 W 74 751 1 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) Clement Pappas plant 09:00 AM 05/09/20 02/09/01 Exit Time/Date Permit Expiration Date 125 Industrial Blvd Mountain Home NC 28758 09:45 AM 05/09/20 07/08/31 Name(s) of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) - Other Facility Data Name, Address of Responsible Official/Title/Phone and Fax Number Blake M Kehoe,10 N Contacted Parsonage Rd Bridgeton NJ 08302//828-693-0733/ No . Section C: Areas Evaluated During Inspection (Check only those areas evaluated) Permit Operations & Maintenance 0 Facility Site Review Section D: Summary of Find in /Comments Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s) and Signature(s) of Inspector(s) Agency/Office/Phone and Fax Numbers Date Larry Frost 01ARO WQ//828-296-4500 Ext.4658/ Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Datt , Roger C Edwards `♦�� 828-296-4500 Ext.4656/ G 7o -5- EPA Form 3560-3 (Rev 9-94) Previous editions are obsolete. NPDES yr/mo/day Inspection Type 3I N00060161 I11 121 05/09/20 117 181CI (cont.) 1 Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) The plant appears to be well maintained. The management is proactive in the prevention and cleanup of spills that may reach surface waters and has a SPPP.The plant was installing additionnal containment around the dumpster area, it is recommended that a roof for this area be investigated, to minimize the amount of stormwater processed in the WWTP. It is also recommended that those areas where used pallets (those that may have been contaminated with product). Process equipment that may contaiminated with product and any areas where a process occurs (i.e.- the clump buster area) have secondary containment and/or be covered by --a roof. Attached is Technical Bulletin dated July 25, 2002. Permit: NCGO60161 Owner -Facility: Clement Pappas plant Inspection Date: 09/20/2005 Inspection Type: Compliance Evaluation Permit Yes No NA N (If the present permit expires in 6 months or less). Has the permittee somitted a new application? ❑ ❑ 0 ❑ Is the facility as described in the permit? M ❑ ❑ ❑ Are there any special conditions for the permit? ❑ ❑ ❑ Is access to the plant site restricted to the general public? M ❑ ❑ Cl Is the inspector granted access to all areas for inspection? 0 ❑ ❑ ❑ Comment: Orerations & Maintenance Yes No NA N Is the plant generally clean with acceptable housekeeping? 0 ❑ ❑ ❑ Does the facility analyze process control parameters, for ex: MLSS, MCRT, Settleable Solids, pH, DO, Sludge Judge, ❑ ❑ ❑ and other that are applicable? ' Comment: T�q Mr. Blake Kehoe Plant Manager Clement -Pappas PO Box 1009 Mountain Home, NC 28758 .Dear Mr. Kehoe: Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources i Alan W. Klimek, P.E. Director Division of Water Quality August 31, 2005 Subject: Receipt of permit renewal application NPDES Permit NCO079251 Clement Pappas NC, Inc. Henderson County The NPDES Unit received your permit renewal application on August 31, 2005. 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. The requirements in your existing permit will remain in effect until the permit is renewed (or the Division takes other action). If you have any additional questions concerning renewal of the subject permit, please contact me at (919) 733-5083, extension 520. cc: CENTRAL FILES Ahse "' e"-Reg onal Of ife/uYfacelXlter_I'oectia NPDES Unit Sincerely, Frances Candelaria Point Source Branch D[ C�01� SEP - 1 2005 WATER QUALITY SECTION ASHEVILLE REGIONAL OFFICE I Noi thCarolina Naturally North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone (919) 733-7015 Customer Service Internet: h2o.enr.state.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 1 VAA NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Michael F. Easley, Governor February 2, 2005 Michael P. Strickland Clement Pappas NC, Inc. 10 North Parsonage Road Bridgeton, NJ 08302 William G. Ross, Jr., Secretary Alan W. Klimek, P.E., Director Subject: Renewal Notice NPDES Permit NCO079251 Clement Pappas plant Henderson County Dear Permittee: Your NPDES permit expires on December 31, 2005. Federal (40 CFR 122.41) and North Carolina (15A NCAC 2H.0105(e)) regulations require that permit renewal applications must be filed at least 180 days prior to expiration of the current permit. If you have already mailed your renewal application, you may disregard this notice. To satisfy this requirement, your renewal package must be sent to the Division postmarked no later than July 4, 2005. Failure to request renewal by this date may result in a civil assessment of at least $500.00. Larger penalties may be assessed depending upon the delinquency of the request. If any wastewater discharge will occur after December 31, 2005, the current permit must be renewed. Discharge of wastewater without a valid permit would violate North Carolina General Statute 143-215.1; unpermitted discharges of wastewater may be assessed civil penalties of up to $25,000 per day. If all wastewater discharge has ceased at your facility and you wish to rescind this permit, contact me at the telephone number or address listed below. Use the enclosed checklist to complete your renewal package. The checklist identifies the items you must submit with the permit renewal application. If you have any questions, please contact me at the telephone number or e-mail address listed below. Sincerely, Charles H. Weaver, Jr. 11D. NPDES Unit cc: Central Files FA's_heviII_ RegioeaahOffice_W ter`QuaIity Sectibn NPDES File_- 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 512 North Salisbury Street, Raleigh, North Carolina 27604 Phone: 919 733-5083, extension 511 / FAX 919 733-0719 / charles.weaver@ncmail.net c E � w E FEB - 4 2005 ID WATER QUALITY SECTION 3HEVILLE REGIONAL OFFICE Nor arolina Natmally An Equal Opportunity/Affirmative Action Employer-50% Recycled/10% Post Consumer Paper NPDES Permit NCO079251 Clement Pappas plant Henderson County The following items are REQUIRED for all renewal packages: Ll A cover letter requesting renewal of the permit and documenting any changes at the -facility since issuance of the last permit. Submit one signed original and two copies. ❑ The completed application form (copy attached), signed by the permittee or an Authorized Representative. Submit one signed original and two copies. ❑ If an Authorized Representative (such as a consulting engineer or environmental consultant) prepares the renewal package, written documentation must be provided showing the authority delegated to any such Authorized Representative (see Part II.B.1 Lb of the existing NPDES permit). ❑ A narrative description of the sludge management plan for the facility. Describe how sludge (or other solids) generated during wastewater treatment are handled and disposed. If your facility has no such plan (or the permitted facility does not generate any solids), explain this in writing. Submit one signed original and two copies. The following items must be submitted by any Municipal or Industrial facilities discharging process wastewater: s Industrial facilities classified as Primary Industries (see Appendices AD to Title 40 of the Code of Federal Regulations, Part 122) and ALL Municipal facilities with a permitted flow >_ 1.0 MGD must submit a Priority Pollutant Analysis (PPA) in accordance with 40 CFR Part 122.21. The ahove requirement does NOT apply to privately owned facilities treating 100% domestic wastewater, or facilities which discharge non process wastewater (cooling water, frlterhackwash, etc.) PLEASE NOTE: Due to a change in fees effective January 1, 1999, there is no renewal fee required with your application package. Send the completed renewal package to: Mr. Charles H. Weaver, Jr. NC DENR / Water Quality / NPDES Unit 1617 Mail Service Center Raleigh, NC 27699-1617 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 U 2 U 31 NCO079251 111 121 04/11/12 117 18 U 19 U 20 U Remarks 21III1Jill IIIIIIIIIIII IIII IIII IIII IIII IIII IIII II166 Inspection Work Days Facility Self -Monitoring Evaluation Rating 131 QA --------------------------- Reserved ----------------------- 67I 169 70 U 71 U 72 U 73 W 74 751 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) Clement Pappas plant 09:00 AM 04/11/12 01/02/01 Exit Time/Date Permit Expiration Date 125 Industrial Blvd Mountain Home NC 28758 09:30 AM 04/11/12 05/12/31 Name(s) of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data Name, Address of Responsible Officialffitle/Phone and Fax Number Fontacted Blake Myles Kehoe,PO Box 1009 Mountain Home NC 28758//828-693-0711 No Section C: Areas Evaluated During Inspection (Check only those areas evaluated) Permit Operations & Maintenance 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 Roy M Davis ARO WQ//828-296-4500/828-299-7043 f �12�a Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date EPA Form 3560-3 (Rev 9-94) Previous editions are obsolete. NPDES yr/mo/day Inspection Type NCO079251 I11 121 04/11/12 I17 18 U Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) Clement -Pappas is in compliance with the terms and conditions of NPDES Permit Number NC0079251. Permit: NC0079251 Owner - Facility: Clement Pappas NC Inc - Clement Pappas plant Inspection Date: 11/12/04 Inspection Type: Compliance Evaluation Permit Yes (If the present permit expires in 6 months or less). Has the permittee submitted a new application? ❑ No ❑ NA NE 0 ❑ Is the facility as described in the permit? E ❑ ❑ ❑ Are there any special conditions for the permit? 0 ❑ ❑ ❑ Is access to the plant site restricted to the general public? 0 ❑ ❑ ❑ Is the inspector granted access to all areas for inspection? N ❑ ❑ ❑ Comment: Yes No NA NE Operations & Maintenance Does the plant have general safety structures in place such as rails around or covers over tanks, pits, or wells? M ❑ ❑ ❑ Is the plant generally clean with acceptable housekeeping? ■ ❑ ❑ ❑ Comment: III fl' li CLEMENT-PAPPAS July 20, 2004 North Carolina DENR Water Quality Section Asheville Regional Office 2090 US Highway 70 Swannanoa, NC 28778 Attn. Mr. Roy Davis Re: Clement -Pappas Company NC, Inc. Warehouse #2 Stormwater Permit Dear Mr. Davis: I am formally 5ubmlttincJ an application for a NO EXPOSURE CERTIFICATION for Exclusion from NPDES Storm Water Permitting for CPC NC's Storage Warehouse #2. This is being sent to your office at the direction of Patrick Grogan of the Mooresville Office of DENR. Please route this application to the proper individual at your location. Be advised that this facility is not contiguous with the property that houses the Company's manufacturing operation. Should you have any questions or wish to discuss this matter in detail, please feel free to contact me personally (828-G93-071 1, Ext. 1 244) at your convenience. Ve y truly yours, Michael A. Koral, PE Xc: Michael P. Strickland, Clement Pappas NC Blake Kehoe, Plant Manager David Jones, Maintenance Manager File 0� P. O. Box 1009 Mountain Home, NC 28758 828-G92-1894 828-G97-2984 (Fax) C E E l JUL 21 2004 WA7E�'"' R p�gLITY SECnIION n United States Environmental Protection Agency Form Approved 9 Y NPDES A -Washington; DC 20460 OMB No.,2040-0211 FORM \8 3510-11 , EPA NO EXPOSURE CERTIFICATION for Exclusion from NPDES Storm Water Permitting Submission of this No Exposure Certification constitutes notice that the entity identified in Section A does not require permit authorization for its storm water discharges associated with industrial activity in the State identified in Section B under EPA's Storm Water Multi -Sector General Permit due to the existence of a condition of no exposure. A condition of no exposure exists at an industrial facility when all industrial materials and activities are protected by a storm resistant shelter to prevent exposure to rain, snow, snowmelt, and/or runoff. Industrial materials or activities include, but are not limited to, material handling equipment or activities, industrial machinery, raw materials, intermediate products, by-products, final products, or waste products. Material handling activities include the storage, loading and unloading, transportation, or conveyance of any raw material, intermediate product, final product or waste product. A storm resistant shelter is not required for the following industrial materials and activities: — drums, barrels, tanks, and similar containers that are tightly sealed, provided those containers are not deteriorated and do not leak. "Sealed" means.banded or otherwise secured and without operational taps or valves; — adequately maintained vehicles used in material handling; and — final products; other than products that would be mobilized in storm water discharges (e.g., rock salt). A No Exposure Certification must be provided for each facility qualifying for the no exposure exclusion. In addition, the exclusion from NPDES permitting is available on a facility -wide basis only, not for individual outfalls. If any industrial activities or materials are or will be exposed to precipitation, the facility is not eligible for the no exposure exclusion. By signing and submitting this No Exposure Certification form, the entity in Section A is certifying that a condition of no exposure exists at its facility or site, and is obligated to comply with the terms and conditions of 40 CFR 122.26(g). ALL INFORMATION MUST BE PROVIDED ON THIS FORM. Detailed instructions for completing this form and obtaining the no exposure exclusion are provided on pages 3 and 4. A. Facility operator Information 1. Name: iCioi INICI H It-ILi I I I I 12. Phone: I&c@h;j GA 15ML-j 1 I l 1 1 3. Mailing Address: a. Street: IF' 101 IZI0 PS I I 1 10 101 j 1 11 la 151 11 [&SID 6A 1111' % ITZ4 i A IL I IP 141 I iZ.TD I b. City: Wi b10 IN i—i iA 11 iA 1 A m MIE I I I I I I I I I I c. State: 101 J d. Zip Code: 1Q19 1-11519 1— I I I I I B. Facility/Site Location Information 1, Facility Name: 10101 Q I I I I I I I I I I I I I I I I 2. a. Street Address: I ICi ICi1 I>I=16I&IQ.1T161tZI IQ ->I I I I I I I I 1 1 1.1 1 1 1 1 1 1 1 b. City: Minjuwri iAi imI iAioiMIN I I L I I I I I 1 1 c.County: I14lEll.11"DIGQSI0101 I d. State:, W ILIe. Zip Code: 016f 1 I a 1 f31 —1 I I I I 3. Is the facility located on Indian Lands? Yes No 4. Is this a Federal facility? Yes No 0 5. a. Latitude: W S L&. I L g b. Longitude: cS Z. o r2_jqj ' LZLLJ 6. a. Was the facility or site previously covered under an NPDES storm water permit? Yes ❑ No b. If yes, enter NPDES permit number: 7. SIC/Activity Codes: Primary: lJ �1�1 Secondary (if applicable): 8. Total size of site associated with industrial activity: Z . of. ( acres 9. a. Have you paved or roofed over a formerly exposed, pervious area in order to qualify for the no exposure exclusion? Yes ❑ No IR b. If yes, please indicate approximately how much area was paved or roofed over. Completing this question does not disqualify you for the no exposure exclusion. However, your permitting authority may use this information in considering whether storm water discharges from your site are likely to have an adverse impact on water quality, in which case you could be required to obtain permit coverage. Less than one acre El One to five acres 0 More than five acres EPA Form 3510-11 (10-99) Page 1 of 4 NPDES p/� Form Approved FORM ��jEl-"/'1 NO EXPOSURE CERTIFICATION for Exclusion from OMB No. 2040 0211 3510-11 NPDES Storm Water Permitting C. Exposure Checklist Are any of the following materials or activities exposed to precipitation, now or in the foreseeable future? (Please check either "Yes" or "No" in'the appropriate box.) If you answer "Yes" to any of these questions (1) through (11), you are not eligible for the no exposure exclusion. . Yes No 1. Using, storing or cleaning industrial machinery or equipment, and areas where residuals from using, storing or cleaning industrial machinery or equipment remain and are exposed to storm water 2. Materials or residuals on the ground or in storm water inlets from spills/leaks 3. Materials or products from past industrial activity 4. Material handling equipment (except adequately maintained vehicles) 5. Materials or products during loading/unloading or transporting activities 6. Materials or products stored outdoors (except final products intended for outside use [e.g., new cars] where exposure to storm water does not result in the discharge of pollutants) 7. Materials contained in open; deteriorated or leaking storage drums, barrels, tanks, and similar containers 8. Materials or products handled/stored on roads or railways owned or maintained by the discharger 9. Waste material (except waste in covered, non -leaking containers [e.g., dumpsters]) ❑ 10. Application or disposal of process wastewater (unless otherwise permitted) 11. Particulate matter or visible deposits of residuals from roof stacks and/or vents not otherwise regulated E 50 (i.e., under an air quality control permit) and evident in the storm water outflow D. Certification Statement I certify under penalty of law that I have read and understand the eligibility requirements for claiming a condition of "no exposure" and obtaining an exclusion from NPDES storm water permitting. I certify under penalty of law that there are no discharges of storm water contaminated by exposure to industrial activities or materials from the industrial facility or site identified in this document (except as allowed under 40 CFR 122.26(g)(2)). I understand that I am obligated to submit a no exposure certification form once every five years to the NPDES permitting authority and, if requested, to the operator of the local municipal separate storm sewer system (MS4) into which the facility discharges (where applicable). I understand that I must allow the NPDES permitting authority, or MS4 operator where the discharge is into the local MS4, to perform inspections to confirm the condition of no exposure and to make such inspection reports publicly available upon request. I understand that I must obtain coverage under an NPDES permit prior to any point source discharge of storm water from the facility. Additionally, 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 gathered and evaluated 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 fine and imprisonment for knowing violations. Print Name: 18IL IAIKIE I IKIE R4 101E 1 I I I I I I I I I I I I I 1 1 I I I I I I Print Title: 1P IL IA IN IT I 1M VX l IA lG IC-l P l 11 11 I I I I I I I I I I [I I I I Signature: Date: 10 17 12 1010 ILA � EPA Form 3510-11 (10-99) Page 2 of 4 [Fwd: NCO079251] Subject: [Fwd: NC00792511' Date: Thu, 20 May 2004 08:06:54 -0400 From: Charles Weaver <charles.weaver@ncmail.net> Organization: NC DENR DWQ To: walt scheper <walt.scheper@ncmail.net>, James Sosnowski <James.Sosnowski@ncmail.net> CC: Roy Davis <Roy.Davis@ncmail.net> Walt/Jamie - this permit includes outfall 001 but the Active Discharge box [on the Outfall sctreen] is unchecked, showing that the outfall is inactive. What other changes need to be made so that BIMS does not expect DMRs from this outfall? Thanks, CHW -------- Original Message -------- Subject: NCO079251 Date: Wed, 19 May 2004 13:21:43 -0400 From: Roy Davis <Roy.Davis@ncmail.net> Organization: NC DENR - Asheville Regional Office To: Charles Weaver <Charles.Weaver@ncmail.net> BIMS continues to want to see DMR data for discharge 001at Clement-Pappas.The September 24, 2003 reissuance of NCO079251 removed any reference to discharge 001. Could you make this modification to the BIMS record. Thanks, Roy Davis Roy Davis - Roy.Davis@ncmail.net North Carolina Dept. of Environment and Natural Resources Asheville Regional Office Division of Water Quality - Water Quality Section 2090 U.S. 70 Highway Swannanoa, NC 28778 Tel: 828-296-4500 Fax: 828-299-7043 Roy Davis <Roy.Davis ncmail.net> NC DENR - Asheville Regional Office Division of Water Quality - Water Quality Section 1 of 2 5/20/2004 8:18 AM file://lUntitled BIMS continues to want to see DMR data for discharge 00lat Clement-Pappas.The September 24, 2003 reissuance of NCO079251 removed any reference to discharge 001. Could you make this modification to the BEVS record. Thanks, Roy Davis Roy Davis - Roy.Davis@ncmail.net North Carolina Dept. of Environment and Natural Resources Asheville Regional Office Division of 'Water Quality - Water Quality Section 2090 U.S. 70 Highway Swannanoa, NC 28778 Tel: 828-296-4500 Fax: 828-299-7043 Lo== N" 1 of 1 5/19/2004 1:20 PM Michael F. Easley, Governor State of North Carolina William G. Ross, Jr., Secretary Department of Environment and Natural Resources Alan W. Klimek, P.E., Director Division of Water Quality 9p September 24, 2003j� `iEP 3 a 2003 Mr. Michael Koral, PE Clement -Pappas NC. Inc. 125 Industrial Park Road Mountain Home. North Carolina 28758 Subject: NPDES Permit Correction Permit Number NCO079251 Clement -Pappas NC, Inc. Henderson County Dear Mr. Koral: The Division issued NPDES permit number NCO079251 to Clement -Pappas NC. Inc. for its Mountain Home facility on January 1, 2001. The name of the previous owner was inadvertently included on this permit. Per Your request. I have changed the permit to correct this mistake and deleted all references to Northland Cranberries. Enclosed please find the corrected permit pages. These pages should be inserted into your permit and the old ones discarded. This permit correction 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). Please take notice that this permit is not transferable. This permit does not affect the legal requirement 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 government permit that may be required. y If you have any questions concerning this permit, please contact Mrs. Dawn Jeffries at telephone number (919) 733-5083. extension 595. Sincerely Alan W. Klimek, P.E. F1IC10»Urt': Permit M(ldification cc: r _ NPDES Perini Etle sh T!,01le Region tl ©`ffice 1 61 7 MAIL SERVICE CENTER, RALEIGH, NORTH CAROLINA 2 7699-1617 - TELEPHONE 91 9-733-5083/FAX 91 9-7337071 9 VISIT US ON THE WEB AT http://h2o.enr.state.nc.us/NPDES Permit NCO079251 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY G 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, Clement -Pappas NC, Inc. is hereby authorized to discharge wastewater from a facility located at the 125 Industrial Park Road Mountain Home Henderson County to receiving waters designated as Mud 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 September 24, 2003. This permit and authorization to discharge shall expire at midnight on December 31, 2005. Signed this day September 24, 2003. ..� f Alan W. Klimek, P.E., Director Division of Water Quality By Authority of the Environmental Management Commission Permit NCO079251 SUPPLEMENT TO PERNIIT COVER SHEET Clement -Pappas NC, Inc. is hereby- authorized to: 1. Continue to discharge non -contact cooling water through outfall 002, located at the Clement -Pappas facility at 125 Industrial Park Road, Mountain Home in Henderson County. 2. Outfall 002 (see attached map) discharges into Mud Creek, classified C waters in the French Broad River Basin. , (};! NIP Uffigil ing -77 1 � •i; � .�--•�J• + • •.may' �— ._ •- [ y, •r OQ2 �--- �� •i•i } }i. � ; • `l In f J , F B 141 (��, �• . F =lni . Facility Location No r-th Cleme 00-19 51 NC NC00 i9`�1 He,ide«n COUnty Facility Information e: 35°22' 3(Y" Sub -Basin: 04-03-02 )de: 82°29 01" lame: Fniitlmd Class: C ne St1ema Mud Cieek Untitled Document Page 1 of 1 roy_davis your request was submitted to ETU Support. RequestType: ProblemType: Priority: Low Detail: In reviewing the August, 2003 DMR submitted by Clement -Pappas (NC0079251) BIMS was upset that the Company reported no data relating to discharge 001. In an August 4, 2003 NPDES Permit modification the Director deleted all reference to discharge 001. THEREFORE; all reference to discharge 001 should be deleted from BIMS. Brief Description: Delete reference to 001 http://dwgsupport.enr.state.nc.us:81/etusupport/submit.j sp 12/10;2003 . s m© II � N1 A ] Michael F. Easley, Governor 0� FR William G. Ross Jr., Secretary �(� North Carolina Department of Environment and Natural Resources Alan W. Klimek, P. E. Director Division of Water Quality Q Coleen H. Sullins, Deputy Director Division of Water Quality Asheville Regional Office WATER QUALITY SECTION September 15, 2003 Mr. Blake Kehoe, Plant Manager Clement Pappas Post Office Box 1009 Mountain Home, North Carolina 28758 Subject: NOTICE OF VIOLATION Effluent Limitations NPDES Permit Number NCO079251 Self Monitoring Report Henderson County Dear Mr. Kehoe: Review of subject self -monitoring report for the month of June, 2003, revealed a violation(s) of the following parameter(s): Pipe Parameter 002 - pH Reported Value/Unit Limits Value/Unit Remedial actions if not already implemented, should be taken to correct the problem(s). The Division of Water Quality may pursue enforcement actions for this and any additional violations of State Law. , If you have questions or if you need assistance, please call Mr. Roy Davis at 8,28/251-6208. Sincerely, orrest R. Westall Water Quality Regional Supervisor xc: Compliance/Enforcement Roy Davis 04797NOV.03 59 Woodfin Place Asheville, North Carolina 28801 Telephone (828) 251-6208 Fax (828) 251-6452 Customer Service 1-877-623-6748 h IN 9/11/03 Roy Davis NCDENR 59 Woodfin Place Asheville, NC 28801 Re: pH Discharge Violation for June and July,2003, Permit # NCO079251 Roy, Per our conversation, we have changed the system to remove the chlorine from the discharge for the above permit and the pH is within limits. This is now a charcoal filter system that does not use chemicals for treatment, thereby reducing the potential for any pH violations. If you should have any questions, please call. Thank you, Blake M. Kehoe PO Box 1009, Mtn Home, NC 28758 828-693-0711 Mr. Michael A. Koral Clemet-Pappas NC, Inc. 125 Industrial Park Road Mountain Home, North Carolina 28758 Dear Mr. Koral: Michael F. Easley, Governor State of North Carolina William G. Ross, Jr., Secretary Department of Environment and Natural Resources Alan W. Klimek, P.E., Director ----f)ivisien�of Water Quality 15 UV!5 U W L5 August 4, 2003 101 AUG 1 5 20Q3 Subject: NPDES Permit Modification Permit Number NCO079251 Northland Cranberries Henderson County The Division issued NPDES permit number NCO079251 to Clement -Pappas NC, Inc. for its Mountain Home facility on January 1, 2001. The Division has reviewed your request for permit modification at the subject facility. Specifically, you described changes associated with routing waste streams, and requested that the Division eliminate the Total Residual Chlorine (TRC) limitation. In accordance with your permit modification request and our review, the Division is forwarding herewith a modification to the subject permit. R— 1 ih - t ,tea e irnimates a l rte :ertence to out a as b is • ischcommo_• ate: •,y Cti . 1 tfslspp igatjarmsyst, ernes Unfortunately, we cannot approve your request for elimination of the TRC limit at outfall 002 as the water used contains concentrations of chlorine above the limits allowed by regulation (prior to dechlorination) Enclosed please find the modified permit pages. These pages should be inserted into your permit and the old ones discarded. This permit modification is issued pursuant to the requirements of North Carolina General Statute 143-215.1 and the Memorandum of Agreement between North Carolina and the U. S. Environmental Protection Agency dated December 6, 1983. Please take notice that this permit is not transferable. Part II, EA. addresses the requirements to be followed in case of change in ownership or control of this discharge. This permit does not affect the legal requirement to obtain other permits which may be required by the Division of Water Quality or permits required by the Division of Land Resources, Coastal Area Management Act or any other Federal or Local government permit that may be required. If you have any questions concerning this permit, please contact Mrs. Dawn Jeffries at telephone number (919) 733-5083, extension 595. Sincerely EMIOSure: Picrrnit Modification cc: Central Files (w/ original request letter) NPDES Permit File t Ashevil'Ie Regional -Office =_f 1617 MAIL SERVICE CENTER, RALEIGH, NORTH CAROLINA 27699-161 7 -TELEPHONE 91 9-733-5083/FAX 919-733-0719 VISIT US ON THE WEB AT http://h2o.enr.state.nc.us/NPDES Permit NCO079251 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES av ;l I xp�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, Clement -Pappas, NC Inc. is hereby authorized to discharge wastewater from a facility located at the Northland Cranberries, Inc. WWTP 125 Industrial Park Road Mountain Home Henderson County to receiving waters designated as Mud 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 August 4, 2003. This permit and authorization to discharge shall expire at midnight on December 31, 2005. Signed this day August 4, 2003. Alan W. Klimek, P.E., Director Division of Water Quality By Authority of the Environmental Management Commission Permit NCO079251 SUPPLEMENT TO PERMIT COVER SHEET Northland Cranberries, Inc. is hereby authorized to: I. Continue to discharge non -contact cooling water through outfall 002, located at the Clement -Pappas facility at 125 Industrial Park Road, Mountain Home in Henderson County. 2. Outfall 002 (see attached map) discharges into Mud Creek, classified C waters in the French Broad River Basin. Permit NCO079251 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 non -contact cooling water from Outfall 002. Such discharges shall be limited and monitored by the Permittee as specified below: EFFLUENT CHARACTERISTICS _ LIMITS. MONITORING REQUIREMENTS Monthly Average Weekly " : Average . - Daily '- Maximum• Measurement. Frequency. Sample TY er y Sample Location' Flow Continuous Recording Influent or Effluent Temperature (2C)2 Semi-annually Grab Effluent Total Residual Chlorine 28 µg/L Semi-annually Grab Effluent pH3 Semi-annually Grab Effluent Footnotes: 1. Effluent = downgradient of chemical mixing. 2. The temperature of the effluent will be regulated so that the temperature of the receiving stream does not increase more than 2.8°C above the natureal water temperature. Receiving water temperature shall not exceed a maximum of 29°C for mountain and upper piedmont waters. 3. 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 These monitoring requirements are applicable to discharges of non -contact cooling water only. Measurable discharges of non -contact cooling water should be clearly noted on the submitted monthly discharge monitoring report for Outfall 002. The permittee shall not add any biocides to this discharge except those approved in conjunction with the permit application. The permittee shall notify the Director in writing at least ninety (90) days prior to instituting use of any additive in the discharge, which may be toxic to aquatic life (other than additives previously approved by the Division). Such notification shall include completion of Biocide Worksheet Form 101 (if applicable), a copy of the MSDS for the additive, and a map indicating the discharge point and receiving stream. There shall be no chromium, copper or zinc added to the discharge except as pre - approved additives to biocidal compounds. i 7 ©� r NCDENR Mr. Michael P. Strickland Clement Pappas NC, Inc. 10 N. Parsonage Road Seabrook, New Jersey 08302-0550 Dear Mr. Strickland: Michael F. Easley Governor William G. Ross, Jr., Secretary North Carolina Department of Environment and Natural Resources June 28, 2001 Subject: Kerr T. Stevens, Director °-Division of Water Quality NPDES Permit Modification Permit NC0079251 Northland Cranberries, Inc. Henderson County Division personnel have reviewed and approved your request to transfer ownership of the subject permit, received on June 18, 2001. This permit modification documents the change in ownership. Please find enclosed the revised permit. All other terms and conditions contained in the original permit remain unchanged and in full effect. This permit modification is issued under the requirements of North Carolina General Statutes 143-215.1 and the Memorandum of Agreement between North Carolina and the U.S. Environmental Protection Agency. If any parts, measurement frequencies or sampling requirements contained in this permit modification are unacceptable to you, you have the right to an adjudicatory hearing upon written request within thirty (30) days following receipt of this letter. This request must be a written petition conforming to Chapter 150B of the North Carolina General Statutes, filed with the Office of Administrative Hearings (6714 Mail Service Center, Raleigh, North Carolina 27699-6714). Unless such demand is made, this decision shall be final and binding. If you have any questions concerning this permit modification, please contact Ora Scott of the Point Source Branch at (919) 733-5083, extension 520. lowtknw BY ®avid A. Goodrich Kerr T. Stevens cc: Central Files .-Asheville RFgicn 1 ffiee,-Wat xe -Q- uality Section? Point Source Compliance Enforcement Unit NPDES Unit 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone (919) 733-5083 FAX (919) 733-0719 An Equal Opportunity Affirmative Action Employer VISIT us ON THE INTERNET @ http://h2o.enr.state.nc.us/NPDES Permit NCO079251 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, Clement Pappas, NC Inc. is hereby authorized. to discharge wastewater from a facility located at the Northland Cranberries, Inc. 125 Industries Park Road Mountain Home Henderson county to receiving waters designated as Mud Creek in the French Broad River Basin in accordance with effluent limitations, monitoring requirements, and other conditions set forth in Parts I, II, III and IV hereof. This permit shall become effective June 28, 2001. This permit and authorization to discharge shall expire at midnight on October 31, 2003. Signed this day June 28, 2001. Origirml SignW By David A, Goodrich Kerr T. Stevens, Director Division of Water Quality By Authority of the Environmental Management Commission Permit NCO079251 SUPPLEMENT TO PERMIT COVER SHEET The Clement Pappas NC, Inc Company is hereby authorized to: 1. Continue to operate an existing 0.090 MGD wastewater treatment facility with the following components: ♦ 6000-gallon detention tank ♦ Flow meter ♦ Chemical feed for pH control This facility is located at 125 Industrial Park Road, Mountain Home in Henderson County. 2. Discharge treated process wastewater (outfall 001) and non -contact cooling water (outfall 002)from said treatment works at the location specified on the attached map into Mud Creek, classified C waters in the French Broad River Basin. State of North Carolin- Department of Environment and Natural Resources Division of Water Quality Michael F. Easley, Governor William G. Ross, Jr., Secretary Kerr T. Stevens, P.E., Director e�� NCDENR May 18, 2001 - - - Mr. Blake Kehoe Northland Cranberries 125 Industrial Park Road Mountain Home, North Carolina 28758 Dear Mr. Kehoe: MAY 2 5 Subject:NPDES Permit.Error Correction---__ Permit No. NCO079251 Northland Cranberries WWTP Henderson County The Division of Water Quality (DWQ) has found typographical errors in the effluent limitations page (A. (1.)) of the NPDES permit issued to you on December 15, 2000. Please find enclosed the revised permit page. The revised page should be inserted into your permit. The old effluent limitations page may then be discarded. All other terms and conditions contained in the original permit remain unchanged and in full effect. This permit modification is issued under the requirements of North Carolina General Statutes 143-215.1 and the Memorandum of Agreement between North Carolina and the U. S. Environmental Protection Agency. If any parts, measurement frequencies or sampling requirements contained in this permit modification are unacceptable to you, you have the right to an adjudicatory hearing upon written request within thirty (30) days following receipt of this letter. This request must be a written petition conforming to Chapter 150B of the North Carolina General Statutes, filed with the Office of Administrative Hearings (6714 Mail Service Center, Raleigh, North Carolina 27699-6714). Unless such demand is made, this decision shall be final and binding. If you have any questions concerning this permit modification, please contact Christie Jackson at (919) 733-5083, extension 538. Sincerely, cc: Central Files �rr T. Stevens illa i a'1Ce5 l eI ' Lic'P 1'V�SeCt10$+2 NPDES Unit, Permit File Point Source Compliance/Enforcement Unit Training and Certification Unit 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone 919-733-5083/FAX 919-733-0719 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper Permit NC0079251 A. (1.) EFFLUENT LIMITATIONS AND MONITORING REgUIREMENTS — FINAL During the period beginning on the effective date of this permit and lasting until expiration, the Permittee is authorized to discharge treated process wastewater from Outfall 001. Such discharges shall be limited and monitored by the Permittee as specified below: EFFLUENT LIMITS MONITORING_ *REQUIREMENTS CHARACTERISTICS ` Weekly Daily Measuremdrif` Sample Sample Location' N, ` Monthly IQ ..,yerage Average Maximum Free(eency Type Flow O'.QGD ;Continuous Recording Influent or Effluent BOD, 5-day (20°C) 30.0 mgL, 45.O.m,glL' Weekly Composite Effluent Total Suspended Residue 30.0 mg/L 4'5.0 mg/L Weekly Composite Effluent A NH3 as N 11.0 mg/L ,,% Weekly Compostie Effluent Dissolved Oxygen2't Weekly Grab Upstream & f` A Downstream Temperature (2C)1 " N ` Daily Grab Effluent Temperature (°C); Weekly Grab Effluent, Upstream & Downstream Total Nitrogen ;' (NO2+NO3+TKN) �� Semi-annually , Composite Effluent Total Phosphorus SeAP nnually Composite Effluent pH3 Aor Weekly k,,\ Grab Effluent Footnotes: 1. Effluent = downgradient of chemical mixing. Upstream = 100 feet from the outfall. Downstream = 100 feet from the outfall. 2. The daily average of dissolved oxygen effluent concentration shall not be less than 2.0 mg/L 3. 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 The primary disposal option for process wastewater shall be land application, unless conditions render land application unfeasible. Additional treatment would have to be in place prior to discharge of process wastewater to surface waters. These monitoring requirements are applicable to discharges of process wastewater only. Where no measurable discharge of process wastewater occurs, "no discharge" should be clearly noted on the submitted monthly discharge monitoring report for Outfall 001. Permit NC0079251 A. (2.) 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 non -contact cooling water from Outfall 002. Such discharges shall be limited and monitored by the Permittee as specified below: EFFLUENT CHARACTERISTICS'' LIMITS MONITORING REQUIREMENTS Monthly Average Weekly Average Daily Maximum Measurement-;' Frequency' Sample Type Sample Location' Flow Continuous Recording Influent or Effluent Temperature (°C)z Semi-annually Grab Effluent Total Residual Chlorine 28 µg/L Semi-annually Grab Effluent pH3 Semi-annually Grab Effluent Footnotes: 1. Effluent = downgradient of chemical mixing. 2. The temperature of the effluent will be regulated so that the temperature of the receiving stream does not increase more than 2.8°C above the natureal water temperature. Receiving water temperature shall not exceed a maximum of 29°C for mountain and upper piedmont waters. 3. 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 These monitoring requirements are applicable to discharges of non -contact cooling water only. Measurable discharges of non -contact cooling water should be clearly- noted on the submitted monthly discharge monitoring report for Outfall 002. The permittee shall not add any biocides to this discharge except those approved in conjunction with the permit application. The permittee shall notify the Director in writing at least ninety (90) days prior to instituting use of any additive in the discharge, which may be toxic to aquatic life (other than additives previously approved by the Division). Such notification shall include completion of Biocide Worksheet Form 101 (if applicable), a copy of the MSDS for the additive, and a map indicating the discharge point and receiving stream. There shall be no chromium, copper or zinc added to the discharge except as pre - approved additives to biocidal compounds. Permit NC0079251 A. (1.) EFFLUENT LIMITATIONS AND MONITORING REgUIREMENTS — FINAL During the period beginning on the effective date of this permit and lasting until expiration, the Permittee is authorized to discharge treated process wastewater from Outfall 001. Such discharges shall be limited and monitored by the Permittee as specified below: `EFFLUENT CWARACTERISTICS :` _ LIMITS $° , x MONITORING REQUIREMENTS , ; Monthly 5,`T Ave'rage, eekly Avera e, Daily :Maximum Measurement Frequency Sample TVPer­'­].` `Sample Locations ,} Flow 0.090 MGD Continuous Recording Influent or Effluent BOD, 5-day (202C) 30.0 mg/L 45.0 mg/L Weekly Composite Effluent Total Suspended Residue 30.0 mg/L 45.0 mg/L Weekly Composite Effluent NH3 as N 11.0 mg/L Weekly Compostie Effluent Dissolved Oxygen2 Weekly Grab Effluent, Upstream & Downstream Temperature (2C) Daily Grab Effluent Temperature (2C) Weekly Grab Upstream & Downstream Total Nitrogen (NO2+NO3+TKN) Semi-annually Composite Effluent Total Phosphorus Semi-annually Composite Effluent pH3 Weekly Grab Effluent Footnotes: 1. Effluent = downgradient of chemical mixing. Upstream = 100 feet from the outfall. Downstream = 100 feet from the outfall. 2. The daily average of dissolved oxygen effluent concentration shall not be less than 2.0 mg/L 3. 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 The primary disposal option for process wastewater shall be land application, unless conditions render land application unfeasible. Additional treatment would have to be in place prior to discharge of process wastewater to surface waters. These monitoring requirements are applicable to discharges of process wastewater only. Where no measurable discharge of process wastewater occurs, "no discharge" should be clearly noted on the submitted monthly discharge monitoring report for Outfall 001. PART Section B. Schedule of Compliance . L The permittee shall comply with Final Effluent Limitations specified for discharges in accordance with the following schedule: Permittee shall comply with Final Effluent Limitations by the effective date of the permit unless specified below. 2. Permittee shall at all times provide the operation and maintenance necessary to operate the existing facilities at optimum efficiency. 3. No later than 14 calendar days following a date identified in the above schedule of compliance, the permittee shall submit either a report of progress or, in the case of specific actions being required by identified dates, a written notice of compliance or noncompliance. In the latter case, the notice shall include the cause of noncompliance, any remedial actions taken, and the probability of meeting the next schedule requirements. Part II Page 1 of 14 PART II STANDARD CONDITIONS FOR NPDES PERMITS SECTION A. DEFINITIONS 1. Permit Issuing Authority The Director of the Division of Water Quality. 2. DEM or "the Division" Means the Division of Water Quality, Department of Environment, Health and Natural Resources. 3. EMC Used herein means the North Carolina Environmental Management Commission. 4. Act or "the Act" The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 USC 1251, et. seq. 5. Mass/Day Measurements a. The "monthly average discharge" is defined as the total mass of all daily discharges sampled and/or measured during a calendar month on which daily discharges are sampled and measured, divided by the number of daily discharges sampled and/or measured during such month. It is therefore, an arithmetic mean found by adding the weights of the pollutant found each day of the month and then dividing this sum by the number of days the tests were reported. The Iimitation is identified as "Monthly Average" in Part I of the permit. b. The "weekly average discharge" is defined as the total mass of all daily discharges sampled and/or measured during the calendar week (Sunday - Saturday) on which daily discharges are sampled and measured, divided by the number of daily discharges sampled and/or measured during such week. It is, therefore, an arithmetic mean found by adding the weights of pollutants found each.day of the week and then dividing this sum by the number of days the tests were reported. This limitation is identified as "Weekly Average" in Part I of the permit. c. The "maximum daily discharge" is the total mass (weight) of a pollutant discharged during a calendar day. If only one sample is taken during any calendar day the weight of pollutant calculated from it is the "maximum daily discharge." This limitation is identified as "Daily Maximum," in Part I of the permit. d. The "average annual discharge" is defined as the total mass of all daily discharges sampled and/or measured during the calendar year on which daily discharges are sampled and measured, divided by the number of daily discharges sampled and/or measured during such year. It is, therefore, an arithmetic mean found by adding the weights of pollutants found each day of the year and then dividing this sum by the number of days the tests were reported. This limitation is defined as "Annual Average" in Part I of the permit. Part II Page 2 of 14 6. Concentration Measurement a. The "average monthly concentration," other than for fecal coliform bacteria, is the sum of the concentrations of all daily discharges sampled and/or measured during a calendar month on which daily discharges are sampled and measured, divided by the number of daily discharges sampled and/or measured during such month (arithmetic mean of the daily concentration values). The daily concentration value is equal to the concentration of a composite sample or in the case of grab samples is the arithmetic mean (weighted by flow value) of all the samples collected during that calendar day. The average monthly count for fecal coliform bacteria is the geometric mean of the counts for samples collected during a calendar month. This limitation is identified as "Monthly Average" under "Other Limits" in Part I of the permit. b. The "average weekly concentration," other than for fecal coliform bacteria, is the .sum of the concentrations of ,all daily discharges sampled and/or measured. during a calendar week (Sunday/Saturday) on which daily discharges are sampled and measured divided by the number of daily discharges sampled and/or measured during such week (arithmetic mean of the daily concentration values). The daily concentration value is equal to the concentration of a composite sample or in the case of grab samples is the arithmetic mean (weighted by flow value) of all the -samples collected during that calendar day. The average weekly count for fecal coliform bacteria is the geometric mean of the counts for samples collected during a calendar week. This limitation is identified as "Weekly Average" under "Other Limits" in Part I of the permit. c. The "maximum -daily concentration' is the concentration of a pollutant discharge during a calendar day. If only one'sample is taken during any calendar day the concentration of pollutant calculated from it is the "Maximum Daily Concentration". It is identified as "Daily Maximum" under "Other Limits" in Part I of the permit. d. The "average annual concentration," other than for fecal coliform bacteria, is the sum of the concentrations of all daily discharges sampled and/or measured during a calendar year on which daily discharges are sampled and measured divided by the number of daily discharges sampled and/or measured during such year (arithmetic mean of the daily concentration values). The daily concentration value is equal to the concentration of a composite sample or in the case of grab samples is the arithmetic mean (weighted by flow value) of all the samples collected during that calendar day . The average yearly count for feral coliform bacteria is the geometric mean of the counts for samples collected during a calendar year. This limitation is identified as "Annual Average" under "Other Limits" in Part I of the permit. e. The "daily average concentration" (for dissolved oxygen) is the minimum allowable amount of dissolved oxygen required to be available in the effluent prior to discharge averaged over a calendar day. If only one dissolved oxygen sample is taken over a calendar day, the sample is considered to be the "daily average concentration' for the discharge. It is identified as "daily average" in the text of Part I. f. The "quarterly average concentration" is • the average of all samples taken over a calendar quarter. It is identified as "Quarterly Average Limitation" in the text of Part I of the permit. g. A calendar quarter is defined as one of the following distinct periods: January through March, April through June, July through September, and October through December. Part II Page 3 of 14 7. Other Measurements a. Flow, (MGD): The flow limit expressed in this permit is the 24 hours average flow, averaged monthly. It is determined as the arithmetic mean of the total daily flows recorded during the calendar month. b. An "instantaneous flow measurement" is a measure of flow taken at the time of sampling, when both the sample and flow will be representative of the total discharge. c. A "continuous flow measurement" is a measure of discharge flow from the facility which occurs continually without 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. S. Types of Samples a. Composite Sample: A composite sample shall consist of: (1) a series of grab samples collected at equal time intervals over a 24 hour period of discharge and combined proportional to the rate of flow measured at the time of individual sample collection, or (2) a series of grab samples of equal volume collected over a 24 hour period with the time intervals between samples determined by a preset number of gallons passing the sampling point. Flow measurement between sample intervals shall be determined by use of a flow recorder and totalizer, and the present gallon interval between sample collection fixed at no greater than 1 /24 of the expected total daily flow at. the treatment system, or (3) a single, continuous sample collected over a 24 hour period proportional to the rate of flow. In accordance with (1) above, the time interval between influent grab samples shall be no greater than once per hour, and the time interval between effluent grab samples shall be no greater than once per hour except at wastewater treatment systems having a detention time of greater than 24 hours. In such cases, effluent grab samples may be collected at time intervals evenly spaced over the 24 hour period which are equal in number of hours to the detention time of the system in number of days. However, in no case may the time interval between effluent grab samples be greater than six (6) hours nor the number of samples less than four (4) during a 24 hour sampling period. b. Grab Sample: Grab samples are individual samples collected over a period of time not exceeding 15 minutes; the grab sample can - be taken manually. Grab samples must *be representative of the discharge or the receiving waters. 9. Calculation of Means a Arithmetic Mean: The arithmetic mean of any set of values is the summation of the individual values divided by the number of individual values. b. Geometric Mean: The geometric mean of any set of values is the Nth root of the product of the individual values where N is equal to the number of individual values. The geometric mean is equivalent to the antilog of the arithmetic mean of the logarithms of the individual values. For purposes of calculating the geometric mean, values of zero (0) shall be considered to be one (D. c. Weighted by Flow Value: Weighted by flow value means the summation of each concentration times its respective flow divided by the summation of the respective flows. Part H Page 4 of 14 10. Calendar Day A calendar day is defined as the period from midnight of one day until midnight of the next day. However, for purposes of this permit, any consecutive 24-hour• period that reasonably represents the calendar day may be used for sampling. 11. Hazardous Substance A hazardous substance means any substance designated under 40 CFR Part 116 pursuant to Section 311 of the Clean Water Act. 12. Toxic Pollutant A toxic pollutant is any pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act. SECTION B. GENERAL CONDITIONS 1. Duty to Campy The permittee must comply with all conditions of this permit. Any permit noncompliance constitutes a violation of the Clean Water Act and is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or denial of a permit renewal application. a. The permittee shall comply with effluent standards or prohibitions established under section . 307(a) of the Clean Water Act for toxic pollutants and with standards for sewage sludge use or. disposal established under section 405(d) of the Clean Water Act within the time provided in the regulations that establish these standards or prohibitions or standards for sewage sludge use or disposal, even if the permit has not yet been modified to incorporate the requirement. b. The Clean Water Act provides that any person who violates a permit condition is subject to a civil penalty not to exceed $25,000 per day for each violation. Any person who negligently violates any permit condition is subject to criminal penalties of $2,500 to $25,000 per day of violation, or imprisonment for not more than 1 year, or both. Any person who knowingly violates permit conditions is subject to criminal penalties of $5,000 to $50,000 per day of violation, or imprisonment for not more than 3 years, or both. Also,*' any person who violates a permit condition may be assessed an administrative penalty not to exceed $10,000 per violation with the maximum amount not to exceed $125,000. [Ref: Section 309 of the Federal Act 33 US.C.1319 and 40 CFR 122 41 (a)] c. Under state law, a civil penalty of not more than ten thousand dollars ($10,000) per violation may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of a permit. [Ref: North Carolina General Statutes § 143-215.6A] d. Any person may be assessed an administrative penalty by the Administrator for violating section 301, 302, 306, 307, 308, 318, or 405 of the Act,. or any -permit condition or limitation implementing any of such sections in a permit issued under section 402 of the Act. Administrative penalties for Class I violations are not to exceed $10,000 per violation, with the maximum amount of any Class I penalty assessed not to exceed $25,000. Penalties for Class II violations are not to exceed $10,000 per day for each day during which the violation continues, with the maximum amount of any Class II penalty not to exceed $125,000. .Part 11 Page 5 of 14 2. Duty to Mitigate The permittee shall take all reasonable steps to minimize or prevent any discharge or sludge use or disposal in violation of this permit which has a reasonable likelihood of adversely affecting human health or the environment. 3. Civil and Criminal Liability Except as provided in permit conditions on `Bypassing" (Part II, C-4) and 'Tower Failures" (Part 11, C-7), nothing in this permit shall be construed to relieve the permittee from any responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3, 143-215.6 or Section 309 of the Federal Act, 33 USC 1319. Furthermore, the permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 4. Oil and Hazardous Substance Liability Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the permittee from any responsibilities, liabilities, or penalties to which the permittee is or may be subject to under NCGS 143-215.75 et seq. or Section 311 of the Federal Act, 33 USG 1321. Furthermore, the permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 5. Property Rights The issuance of this permit does not convey any property rights in either real or personal property, or any exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor any infringement of Federal, State or local laws or regulations_ 6. Onshore or Offshore Construction This permit does not authorize or approve the construction of any onshore or offshore physical structures or facilities or the undertaking of any work in any navigable waters. 7. Severability The provisions of this permit are severable, and if any provision of this permit, or the application of any provision of this permit to any circumstances, is held invalid, the application of such provision to other circumstances, and the remainder of this permit, shall not be affected thereby. 8. Duty to Provide Information The permittee shall furnish to the Permit Issuing Authority, within a reasonable time, any information which the Permit Issuing Authority may request to determine whether cause exists for modifying, revoking arid reissuing, or terminating this permit or to determine compliance with this permit. The permittee shall also furnish to the Permit Issuing Authority upon request, copies of records required to be kept by this permit. 9. Duty to Reapply If the permittee wishes to continue an activity regulated by this permit after the expiration date of this permit, the permittee must apply for and obtain a new permit. Pan II Page 6 of 14 10. Expiration of Permit The permittee is not authorized to discharge after the expiration date. In order to receive automatic authorization to discharge beyond the expiration date, the permittee shall submit such information, forms, and fees as are required by the agency authorized to issue permits no later than 180 days prior to the expiration date. Any 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. Signato y RRe uirements All applications, reports, or information submitted to the Permit Issuing Authority shall be signed and certified. a. All permit applications shall be signed as follows: (1) For a corporation: by a responsible corporate officer. For the purpose of this Section, a responsible corporate officer means: (a) a president, secretary, treasurer or vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision making functions for the corporation, or (b) the manager of one or more manufacturing production or operating facilities employing more than 250 persons or having gross annual sales or expenditures exceeding 25 million (in second quarter 1980 dollars), if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures. (2) For a partnership or sole proprietorship: by a general partner or the proprietor, respectively, or (3) For a municipality, State, Federal, or other public agency: by either a principal executive officer or ranking elected official. b. All reports required by the permit and other information requested by the Permit Issuing Authority shall be signed by a person described above or by a duly authorized representative of that person. A person is a duly.authorized representative only if: (1) The authorization is made in writing by a person described above; (2) The authorization specified either an individual or a position having responsibility for the overall operation of the regulated facility or activity, such as the position of plant manager, operator of a well or well field, superintendent, a position of equivalent responsibility, or an individual or position having overall responsibility for environmental matters for the company. (A duly authorized representative may thus be either a named individual or any individual occupying a named position.); and (3) The written authorization is submitted to the Permit issuing Authority. c. Certification. Any person signing a document under paragraphs a. or b. -of this section shall make the following certification: "I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties -for submitting false information, including the possibility of fines and imprisonment for knowing violations." Part II Page 7 of 14 12. Permit Actions This permit may be modified, revoked and reissued, or terminated for.cause. The filing of a request by the permittee for a permit modification, revocation and reissuance, or termination, or a notification of planned changes or anticipated noncompliance does not stay any permit condition. 13. Permit Modification. Revocation and Reissuance. or Termination The issuance of this permit does not prohibit the permit issuing authority from reopening and modifying the permit, revoking and reissuing the permit, or terminating the permit as allowed by the laws, rules, and regulations contained in Title 40, Code of Federal Regulations, Parts 122 and 123; Title 15A of the North Carolina Administrative Code, Subchapter 2H .0100; and North Carolina General Statute 143-2I5.1 et. al. 14. Previous Permits All previous National Pollutant Discharge Elimination System Permits issued to this facility, whether for operation or discharge, are hereby revoked by issuance of this permit. IThe-exclusive authority to operate this facility arises under this permit. The authority to operate the facility under previously issued permits bearing this number is no longer effective.. J The conditions, requirements, terms, and provisions -of this permit authorizing discharge under the.National Pollutant Discharge Elimination System govern discharges from this facility. SECTION C. OPERATION AND MAINTENANCE OF POLLUTION CONTROLS 1. Certified Qperator Pursuant to Chapter 9OA44 of North Carolina General Statutes, and upon classification of the facility by the Certification Commission, the permittee shall employ a certified wastewater treatment plant operator in responsible charge (ORC) of the wastewater treatment facilities. Such operator must hold a certification of the grade equivalent to or greater than the classification assigned to the wastewater treatment facilities by the Certification Commission. The permittee must .also employ a certified back-up operator of the appropriate type and any grade to comply with the conditions of Title 15A, Chapter 8A .0202. The ORC of the facility must visit each Class I facility at least weekly and each Class H. III, and IV facility at least daily, excluding weekends and holidays, and must properly manage and document daily operation and maintenance of the facility and must comply with all other conditions of Title 15A, Chapter 8A .0202. Once the facility is classified, the permittee shall submit a letter to the Certification Commission which designates the operator in responsible charge within thirty days after the wastewater treatment facilities are 50% complete. 2. ProRaQperation and Maintenance The permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the permittee to achieve compliance with the conditions of this permit. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures. This provision requires the operation of back-up or auxiliary facilities or similar systems which are installed by a permittee only when the operation is necessary to achieve compliance with the conditions of the permit. Part II Page 8 of 14 3. Need to Halt or Reduce not a Defense It shall not be -a defense for a permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the condition of this permit. 4. Bypassing of Treatment Facilities a. Definitions (1) 'Bypass" means the known diversion of waste streams from any portion of a treatment facility including the collection system, which is not a designed or established or operating mode for the facility. (2) "Severe property damage" means substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production. b. Bypass not exceeding limitations. The permuttee may allow any bypass to occur which -does not cause effluent limitations to be exceeded, but only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the provisions of Paragraphs c. and d. of this section. c. Notice (1) Anticipated bypass. If the permittee knows in advance of the need for a bypass, it shall submit prior notice, if possible at least ten days before the date of the bypass; including an evaluation of the anticipated quality and affect of the bypass. (2) Unanticipated bypass. The permittee shall submit notice of an unanticipated bypass as required in Part II, E. 6. of this permit: (24 hour notice). d. Prohibition of Bypass (1) Bypass is prohibited and the Permit Issuing Authority may take enforcement action against a permittee for bypass, unless: (A) Bypass was unavoidable to. prevent loss of life, personal injury or severe property damage; (B) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate backup equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance, and (C) The permittee submitted notices as required under Paragraph c. of this section. (2) The Permit Issuing Authority may approve an anticipated bypass, after considering its adverse affects, if the Permit Issuing Authority determines that it will meet the three conditions listed above in Paragraph d. (1) of this section. Part II Page 9 of 14 5. is a. Definition. "Upset " means an exceptional incident in which there is unintentional and temporary noncompliance with technology based permit effluent limitations because of factors beyond the reasonable control of the permittee. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation. b. Effect of an upset. An upset constitutes an affirmative defense to an action brought for noncompliance with such technology based permit effluent limitations if the requirements of paragraph c. of this condition are met. No determination made during administrative review of claims that noncompliance was caused by upset, and before an action. for noncompliance, is final administrative action subject to judicial review. c. Conditions necessary for a demonstration of upset. A permittee who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that. (1) An upset occurred and that the permittee can identify the cause(s) of the upset, (2) The permittee facility was at the time being properly operated; and (3) The permittee submitted notice of the upset as required in Part II, E. 6. (b) (B) of this permit. (4) The permittee complied with any remedial measures required under Part IL B. 2. of this permit. d. Burden of proof. In any enforcement proceeding the permittee seeking to establish the occurrence of an upset has the burden of proof. 6. Removed Substances Solids, sludges, filter backwash, or other pollutants removed in the course of treatment or control of wastewaters shall be utilized/disposed of in accordance with NCGS 143-2151 and in a manner such as to prevent any pollutant from such materials from entering waters of the State or navigable waters of the United States. The permittee shall comply with all existing federal regulations governing the disposal of sewage sludge. Upon promulgation of 40 CFR Part 503, any permit issued by the Permit Issuing Authority for the utilization/disposal of sludge may be reopened and modified, or revoked and reissued, to incorporate applicable requirements at 40 CFR Part 503. The permittee shall comply with applicable 40 CFR Part 503 Standards for the Use and Disposal of Sewage Sludge (when promulgated) within the time provided in the regulation, even if the permit is not modified to incorporate the requirement. The permittee shall notify the Permit Issuing Authority of any significant change in its sludge use or disposal practices. 7. Power Failures The permittee is responsible for maintaining adequate safeguards as required by DEM Regulation, Title 15A, North Carolina Administrative Code, Subchapter 2H, .0124 Reliability, to prevent the discharge of untreated or inadequately treated wastes during electrical power failures either by means of alternate power sources, standby generators or retention of inadequately treated effluent. Part II Page 10 of 14 SECTION D. MONITORING AND RECORDS 1. Representative Sampling Samples collected and measurements taken, as required herein, shall be characteristic of the volume and nature of the permitted discharge. Samples collected at a frequency less than daily shall be taken on a day and time that is characteristic of the discharge over the entire period which the sample represents. All samples shall be taken at the monitoring points specified in this permit and, unless otherwise specified, before the effluent joins or is diluted by any other wastestream, body of water, or substance. Monitoring points shall not be changed without notification to and the approval of the Permit Issuing Authority. 2. Report Monitoring results obtained during the previous month(s) shall be summarized for each month and reported on a monthly Discharge Monitoring Report (DMR) Form (DEM No. MR 1, 1.1, 2, 3) or alternative forms approved by the Director, DEM, _ postmarked no later than the 30th day following the completed reporting period. The first•DMR is due on the last day of the month following the issuance of the permit or in the case of a new facility, on the last day of the month following the commencement of discharge. Duplicate signed copies of these, and all other reports required herein, shall be submitted to the following address: Division of Water Quality Water Quality Section ATTENTION: Central Files 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 are consistent with the accepted capability of that type of device. Devices selected shall be capable of measuring flows with a maximum deviation of less than + 10% from the true discharge rates throughout the range of expected discharge volumes. Once -through condenser cooling water flow which is monitored by pump logs' or pump hour meters as specified in Part I of this permit and based on the manufacturer's pump curves shall not be subject to this requirement. 4. Test Procedures Test procedures for the analysis of pollutants shall conform to the EMC regulations published pursuant to NCGS 143-215.63 et. seq, the Water and Air Quality Reporting Acts, and to regulations published pursuant to Section 304(g), 33 USC 1314, of the Federal Water Pollution Control Act, as Amended, and Regulation 40 CFR 136, or in the case of sludge use or disposal, approved under 40 CFR 136, unless otherwise specified in 40 CFR 503, unless other test procedures have been specified in this permit. To meet the intent of the monitoring required by this permit, all test procedures must produce minimum detection and reporting levels that are below the permit discharge requirements and all data generated must be reported down to the minimum detection or lower reporting level of the procedure. If no approved methods are determined capable of achieving minimum detection and Part II Page 11 of 14 reporting levels below permit discharge requirements, then the most sensitive (method with the lowest possible detection and reporting level) approved method must be used. 5. Penalties for TamRC ng The Clean Water Act provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any monitoring device or method required to be maintained under this permit shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. If a conviction of a person is for a violation committed after a first conviction of such person under this paragraph, punishment is a fine of not more than $20,000 per day of violation, or by imprisonment of not more than 4 years, or both. 6. Records Retention Except for records of monitoring information required by this permit related to the permittee's sewage sludge use and disposal activities, which shall be retained for a period of at least five years (or longer as required by 40 CFR 503), the permittee shall retain records of all monitoring information, including all calibration and maintenance records and all original strip chart recordings for continuous monitoring instrumentation, copies of all reports required by this permit, for a period of at least 3 years from the date of the sample, measurement, report or application. This period may be extended by request of the Director at any time. 7. Recording Results For each measurement or sample taken pursuant to the requirements of this permit, the permittee shall record the following information: a. The date, exact place, and time of sampling or measurements; b. The individual(s) who performed the sampling or measurements; c. The date(s) analyses were performed; d. The individual(s) who performed the analyses; e. The analytical techniques or methods used; and f. The results of such analyses. 8. Inspection and Entry The permittee shall allow the Director; or an authorized representative (including an authorized contractor acting as a representative of the Director), upon the presentation of credentials and other documents as may be required by law, to; a. Enter upon the permittee's premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of this permit; b. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this permit; c. Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this permit; and d. Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise authorized by the Clean Water Act, any substances or parameters at any location. Part II Page 12 of 14 SECTION E. REPORTING REOUIREMENTS I. Change in Discharge All discharges authorized herein shall be consistent with the terms and conditions of this permit. The discharge of any pollutant identified in this permit more frequently than or at a level in excess of that authorized shall constitute a violation of the permit. 2. Planned Changes The permittee shall give notice to the Director as soon as possible of any planned physical alterations or additions to the permitted facility. Notice is required only when: a. The alteration or addition to a permitted facility may meet one of the criteria for determining whether a facility is a new source in 40 CFR Part 12229 (b); or b. The alteration or addition could significantly change the nature or increase the quantity of pollutants discharged. This notification applies to pollutants which are subject neither to effluent limitations in the permit, nor to notification requirements under 40 CFR Part 122.42 (a) (I). c. The alteration or addition results in a significant change in the permittee's sludge use or disposal practices, and such alternation, addition or change may justify the application of permit conditions that are different from or absent in the existing permit, including notification of additional use or disposal sites not reported during the permit application process or not reported pursuant to an approved land application plan. 3. Anticipated Noncompliance The permittee shall give advance notice to the Director of any planned changes in the permitted facility or activity which may result in noncompliance with permit requirements. 4. Transfers This permit is not transferable to any person except after notice to the Director. The Director may require modification or revocation and reissuance of the permittee and incorporate such other .requirements as may be necessary under the Clean Water Act. S. Monitoring Reports Monitoring results shall be reported at the intervals specified elsewhere in this permit. a. Monitoring results must be reported on a Discharge Monitoring Report (DMR) (See Part IL D. 2 of this permit) or forms provided by the Director for reporting results of monitoring of sludge use or disposal practices. b. If the permittee monitors any pollutant more frequently than required by the permit, using test procedures specified in Part II, D. 4. of this permit or in the case of sludge use or disposal, approved under 40 CFR 503, or as specified in this permit, the results of this monitoring shall be included in the calculation and reporting of the data submitted in the DMR. c. Calculations for all limitations which require averaging of measurements shall utilize an arithmetic mean unless otherwise specified by the Director in the permit. Part II Page 13 of 14 6. TwentLfour Hour Reporting a. The permittee shall report to -the central office or the appropriate regional office any noncompliance which may endanger health or the environment. Any information shall be provided orally within 24 hours from the time the permittee became aware .of the circumstances. A written submission shall also be provided within 5 days of the time the pemuttee becomes aware of the circumstances. The written submission shall contain a description of the noncompliance, and its cause; the period of noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance. b. The following shall be included as information which must be reported within 24 hours under this paragraph: (1) Any unanticipated bypass which exceeds any effluent limitation in the permit. (2) Any upset which exceeds any effluent limitation in the permit. (3) Violation of a maximum daily discharge limitation for any of the pollutants listed by the Director in the permit to be reported within 24 hours. c. The Director may waive the written report on a case -by -case basis for reports under paragraph . b. above of this condition if the oral report has been received within 24 hours. 7. Other. Noncompliance The permittee shall report all instances of noncompliance not reported under Part II. E. 5 and 6. of this permit at the time monitoring reports. are submitted. The reports shall contain the information listed in Part II. E. 6. of this permit. 8. Other Information Where the permittee becomes aware that it failed to submit any relevant facts in a permit application, or submitted incorrect information in a permit application or in any report to the Director, it shall promptly submit such facts or information. 9. Noncompliance Notification The permittee shall report by telephone to either the central office or the appropriate regional office of the Division as soon as possible, but in no case more than 24 hours or on the next working day following the occurrence or first knowledge of the occurrence'of any of the following. a. Any occurrence at the water pollution control facility which results in the discharge of significant amounts of wastes which are abnormal in quantity or characteristic, such as the dumping of the contents of a sludge digester; the known passage of a slug of hazardous substance through the facility; or any other unusual circumstances. b. Any process unit failure, due to known or unknown reasons, that render the facility incapable of adequate wastewater treatment such as mechanical or electrical failures of pumps, aerators, compressors, etc. c. Any failure of a pumping station, sewer line, or treatment facility resulting in a by-pass directly to receiving waters without treatment of all or any portion of the influent to such station or facility. Part II Page 14 of 14 Persons reporting such occurrences by telephone shall also file a written report in letter form within 5 days following first knowledge of the occurrence. 10. Availability of Reports Except for data determined to be confidential under NCGS 143-215.3(a)(2) or Section 308 of the Federal Act, 33 USC 1318, all reports prepared in accordance with the terms shall be available for public inspection at the offices of the Division of Water Quality. As required by the Act, effluent data shall not be considered confidential. Knowingly making any false statement on any such report may result in the imposition of criminal penalties as provided for in NCGS 143-2I5.1(b)(2) or in Section 309 of the Federal Act. 11. Penalties for Falsification of Reports The Clean Water Act provides that any person who knowingly makes any false statement, representation, or certification in any record or other .document submitted or required to be maintained under this permit, including monitoring reports or reports of compliance or noncompliance shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. PART III OTHER REQUIREMENTS A. Construction No construction of wastewater treatment facilities or additions to add to the plant's treatment capacity or to change the type of process utilized at the treatment plant shall be begun until Final Plans and Specifications have been submitted to the Division of Water Quality and written approval and Authorization to Construct has been issued. B. Groundwater Monitoring The permittee shall, upon written notice from the Director of the Division of Water Quality, conduct groundwater monitoring as may be required to determine the compliance of this NPDES permitted facility with the current groundwater standards. C. Changes in Dischar&es of Toxic Substances The permittee shall notify the Permit Issuing Authority as soon as it knows or has reason to believe: a.That any activity has occurred or will occur which would result in the discharge, on a routine or frequent basis, of any toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels' (1) One hundred micrograms per liter (100 ug/1); (2)Two hundred micrograms per liter (200 ug/1) for acrolein and acrylonitrile; five hundred micrograms per liter (500 ug/1) for 2A-dirutrophenol and for 2-methyl-4.6-dinitrophenol; and one milligram per liter (1 mg/I) for antimony; (3) Five (5) times- the maximum concentration value reported for that pollutant in the permit application b. That any activity has occurred or will occur which would result in any discharge, on a non -routine or infrequent basis, of a toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels"; , (1) Five hundred micrograms per liter (500 ug/1); (2) One milligram per liter (1 mg/1) for antimony;. (3) Ten (10) times the maximum concentration value reported for that pollutant in the permit application. D. Requirement to Continually Evaluate Alternatives to Wastewater Discharges The permittee shall continually evaluate all wastewater disposal alternatives and pursue the most environmentally sound alternative of the reasonably cost effective alternatives. If the facility is in substantial non-compliance with the terms and conditions of the NPDES permit or governing rules, regulations or laws, the permittee shall submit a report in such form and detail as required by the Division evaluating these alternatives and a plan of action within sixty (60) days of notification by the Division. A. The pernuttee must pay the annual administering and compliance monitoring fee . within.30, (thirty1 days:atter being<bMedl�y :tl e-.Division... Failure to -pay the fee in :a timely manner -m .accordance with- I5A NCAC 2H..OI05(b)(4) may cause this :l vis on to, ate lion evokQ the gernuit:. State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Bill Holman, Secretary Kerr T. Stevens, Director December 15, 2000 Mr. Blake Kehoe Northland Cranberries 125 Industrial Park Road Mountain Home, North Carolina 28758 Dear Mr. Kehoe: F4 • NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES Subject: Issuance of NPDES Permit NCO079251 Northland Cranberries WWTP Henderson County Division personnel have reviewed and approved your application for renewal of the subject permit. Accordingly, we are forwarding the attached NPDES discharge permit. This permit is issued pursuant to the requirements of North Carolina General Statute 143-215.1 and the Memorandum of Agreement between North Carolina and the U.S. Environmental Protection Agency dated May 9, 1994 (or as subsequently amended). 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 a Management Act or any other Federal or Local governmental permit that may be required. If you have any questions concerning this permit, please contact Christie Jackson at telephone number (919) 733-5083, extension 538. cc: Central Files � y t I -.,e _,�nal ©; � � ce Wait �, . •� Se�tio , NPDES Unit Point Source Compliance Enforcement Unit Sincerely, Original Signed By ®avid A. Goodrich Kerr T. Stevens �'r L5 ll 6 4�I c 2-2 2000 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone (919) 733-5083 FAX (919) 733-0719 An Equal Opportunity Affirmative Action Employer VISIT US ON THE INTERNET @ http://h2o.enr.state.nc.us/NPDES Permit NCO079251 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, Northland Cranberries, Inc. is hereby authorized to discharge wastewater from a facility located at the Northland Cranberries, Inc. WWTP 125 Industrial Park Road Mountain Home Henderson County to receiving waters designated as Mud 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 January 1, 2001. This permit and authorization to discharge shall expire at midnight on December 31, 2005. Signed this day December 15, 2000. Original Signed By David A. Goodrich Kerr T. Stevens, Director Division of Water Quality By Authority of the Environmental Management Commission Permit NCO079251 SUPPLEMENT TO PERMIT COVER SHEET Northland Cranberries, Inc. is hereby authorized, o: is 1. Continue to operate an existing 0.090 MGD wastewater treatment system with the following components: ♦ 6000-gallon detention tank ♦ Flow meter ♦ Chemical feed for pH control The facility is located at 125 Industrial Park Road, Mountain Home in Henderson County. 2. Discharge treated process wastewater (outfall 001) and non -contact cooling water (outfall 002) from said treatment works at the location specified on the attached map into Mud Creek, classified C waters in the French Broad River Basin. Facilitv Information Latitude: 3502Z W Sub -Basin: 04-03-02 Longitude: 8Z29 OY Quad Name: Fiiufland Steam Class: C Receiving Steam Mud Cieek Facility Location A� r_��M T� � 1 \`Il Northland ernes NCA0792579251 Henderson County State of North Carol, is Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Bill Holman, Secretary Kerr T. Stevens, P.E., Director December 29, 2000 Mr. Blake Kehoe Northland Cranberries 125 Industrial Park Road Mountain Home, North Carolina 28758 Dear Mr. Kehoe: NCDENR Subject:NPDES Permit No. NCO079251 Northland Cranberries WWTP Henderson County The Division of Water Quality (DWQ) has found typographical errors in the map of the NPDES permit issued to you on December 15, 2000. Please find enclosed the revised permit page. The revised page should be inserted into your permit. The old page may then be discarded. All other terms and conditions contained in the original permit remain unchanged and in full effect. This permit modification is issued under the requirements .of North Carolina General Statutes 143-215.1 and the Memorandum of Agreement between North Carolina and the U. S. Environmental Protection Agency. If any parts, measurement frequencies or sampling requirements contained in this permit modification are unacceptable to you, you have the right to an adjudicatory hearing upon written request within thirty (30) days following receipt of this letter. This request must be a written petition conforming to Chapter 150B of the North Carolina General Statutes, filed with the Office of Administrative Hearings (6714 Mail Service Center, Raleigh, North Carolina 27699-6714). Unless such demand is made, this decision shall be final and binding. If you have any questions concerning this permit modification, please contact Christie Jackson at (919) .733-5083, extension 538. Sincerely, -j- rr T. Stevens cc: Central Files t-1115 Asheville-Regional-Off ce, Water Quality Section NPDES Unit, Permit File Point Source Compliance/Enforcement Unit Training and Certification Unit 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone 919-733-5083/FAX 919-733-0719 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper I Facilitv Information Lange: 35°22'3d' Sub -Basin 04-03-02 Loxyitu<le: 82°29 01" Quad Name: Fhritland Stream Class: C Receiymg Steam Mud Creek Facility N , Location,°N ' Q Norttiland Cranbecries NC007925179251 Henderson County